TOWN OF DUCK
TOWN COUNCIL
REGULAR MID-MONTH MEETING
April 18, 2007
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 1:00 p.m. on Wednesday, April 18, 2007.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Denver Lindley, Jr.; and Councilor Bart Smith.
Council Members ABSENT: None.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton, Director of Community Development Suzanne Cotellessa; Public Relations Coordinator Kathy McCullough-Testa; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: Town Attorney Donald I. McRee, Jr.
Mayor Morrison called the meeting to order at 1:01 p.m.
UPDATE/OVERVIEW OF SUMMER 2007 PARK EVENTS
Public Relations Coordinator Kathy McCullough-Testa was recognized to speak. Ms. McCullough-Testa stated that twenty-five thousand (25,000) new Town brochures were printed and will be distributed to the rental companies, the Aycock Brown Visitor Center and mailed to all property owners. She stated that a new newspaper has come out recently with advertisements for the summer season featured in it. She went on to hand out a copy for Council to review. She then reviewed the activities for the May 1, 2007 anniversary of incorporation picnic with Council and the audience.
Mayor Morrison stated that the program for May 1, 2007 would be very short with welcoming remarks, a pledge of allegiance, and recognition of distinguished guests. He stated that the tree outside of the Town’s offices was the tree presented to the Town on the day of incorporation. He asked Councilor Caviness if she would be willing to provide some comments on the tree. Councilor Caviness stated she would be happy to. Mayor Morrison stated that the new Duck flag would be unveiled at the picnic. He asked Mayor Pro Tempore Thibodeau to unveil it. Mayor Pro Tempore Thibodeau stated that she would be happy to. Mayor Morrison stated that Town Manager Layton would be making some remarks with regard to the status of the park.
Kathy McCullough-Testa reviewed the summer 2007 park events with Council and the audience.
Mayor Pro Tempore Thibodeau asked if the stage would be permanent through the summer. Kathy McCullough-Testa stated the stage would be a deck that will be built. Town Manager Layton stated that building it would be cheaper than renting a stage. He stated that it will stay up until the gazebo and picnic shelter are ready. He guessed it would be up from July to October. Mayor Pro Tempore Thibodeau clarified that it would be a four (4) foot platform. Ms. McCullough-Testa stated it would be a 12x20 deck. Mayor Pro Tempore Thibodeau asked how high it would be from the ground. Ms. McCullough-Testa thought it would be a few feet. Town Manager Layton stated it would be used to cover the septic area at the old Herron’s Restaurant property.
Mayor Morrison thanked Ms. McCullough-Testa for her update.
DISCUSSION OF PARK NAME
Mayor Morrison stated that it was time to consider a name for the Town Park. He asked Council for suggestions.
Councilor Lindley pointed out that a list of potential names was in Council’s packets.
Mayor Pro Tempore Thibodeau thought that the name should be succinct and easy to remember. She suggested “Duck Park and Town Center”.
Councilor Lindley stated he liked Mayor Pro Tempore Thibodeau’s suggestion.
Councilor Smith stated he liked the suggestion as well.
Councilor Caviness pointed out that Duck Commons and Village Square are already named shopping centers in Town.
Mayor Morrison suggested having different local artists display their work on a monthly basis. Councilor Lindley stated that he liked the idea. Mayor Morrison suggested naming the Park “Duck Civic and Cultural Center”.
Councilor Smith stated he really liked Mayor Pro Tempore Thibodeau’s suggestion as it sums everything up.
Councilor Caviness stated that she would like to see “Village” and/or “Green” in the name. She stated that she could see the dynamic of not being referred to as “Village” because village distinguishes the commercial area from other areas. Mayor Pro Tempore Thibodeau agreed. She suggested “Duck Park and Village Center” as another option.
Councilor Smith suggested having “Village Green” as part of Duck Park. Councilor Caviness agreed.
Councilor Lindley asked if a decision had to be made at this meeting. Town Manager Layton stated that it was just the beginning of discussions. Mayor Morrison didn’t think Council needed to decide on a name at this meeting. Councilor Caviness thought it was important to start referring to the property as something other than the Municipal Property. Mayor Pro Tempore Thibodeau agreed.
Mayor Morrison stated that a small sign had been made up to be put on the playground equipment. He asked what the verbiage was. Deputy Town Clerk Lori Kopec was recognized to speak. Deputy Town Clerk Kopec stated that it will read; “Dedicated to the memory of Richard Herron, Jr.” Mayor Pro Tempore Thibodeau asked where the sign would be put. Town Manager Layton stated it would be put on one of the timbers on the equipment. Mayor Pro Tempore Thibodeau asked how big the sign was. Deputy Town Clerk Kopec stated it was approximately the same size as the one that was placed on the winged horse.
Councilor Smith asked if anything would be done with the horse. Town Manager Layton stated there would be but he wanted to wait to see where the trail comes in. He anticipated it being moved closer to the playground area. He stated that the Town has been given permission by Cathy Herron to paint the horse.
Mayor Morrison asked Council if they wished to vote on a name for the park or hold off until the May 2, 2007 meeting. It was consensus of Council to bring the item back to the May 2, 2007 meeting for voting.
Councilor Lindley thanked everyone that was out in the storm on Sunday, April 15, 2007 and their efforts to keep the Tuckahoe subdivision area of Duck Road open. He felt that a remarkable job was done by the Police Department, Fire Department and volunteers and wanted it to be known that the efforts were appreciated. He stated that he couldn’t help but wonder if there was some cooperation from Tuckahoe, that the situation would not have been so bad. He stated that it was not only an inconvenience but also a very dangerous situation to drivers, especially after dark. He wondered if the Town shouldn’t speak to the homeowner association as well as the property owners in an effort to receive some cooperation.
Town Manager Layton stated that he has had numerous discussions with the latest communication from the Tuckahoe property owners was when the reimbursable agreement was signed with the North Carolina Department of Transportation (NCDOT). He stated that he had sent a letter to all property owners in Tuckahoe and it stated that the Town had lived up to their end of the agreement. He stated that it was made clear to the property owners that the only way things will work is if they do what needs to be done internally. He stated that in response to the letter, Seaside Management – Tuckahoe property owner’s management company – stated they were authorizing an engineer to come up with a solution and would share it with the Town when it is completed. He stated that the water needs to be slowed and was somewhat confident that the focus will be on a solution rather than having an engineer refute what the Town says.
Councilor Lindley suggested that the Town discuss the issue with Town Attorney McRee to see what recourse is available if there is no action from the property owners.
Councilor Caviness asked if the Town engineer made a recommendation to remove the curbs to help with the impacts. Town Manager Layton stated that it was suggested that the curbs be removed so that the water is not funneled directly down to NC 12. He stated that in addition, it was recommended that every second or third lot down the hill on each side have retention areas so the water would flow into them. He stated that the estimated cost was approximately $60,000, but Tuckahoe had a problem with the cost. Councilor Caviness asked how many property owners would be affected. Town Manager Layton stated he wasn’t sure. He stated that it comes down to cost and responsibility. He stated that even though the Town is not responsible, because it’s a public safety issue, the Town has been doing its best to deal with it.
Mayor Pro Tempore Thibodeau stated that the problem has gotten worse over the years. She thought that Tuckahoe was a naturally low spot in Town. She agreed that there should be some measure of cooperation with the property owners on the issue.
Councilor Lindley reiterated that Town Attorney McRee be contacted regarding the whole issue to find out what the recourse would be. He stated that if the Town could not get cooperation from the property owners in the near future, he wanted serious consideration regarding action against the homeowner association and the individual property owners. Town Manager Layton stated that he would ask Town Attorney McRee to draft a letter.
INTRODUCTION OF PROPOSED FY 2008 BUDGET
Mayor Morrison recognized Town Manager Layton.
Town Manager Layton gave an inspirational presentation on the proposed Fiscal Year 2008 Budget to Council and the audience.
Councilor Smith pointed out that every municipality was down with sales and transfer taxes with the exception of the Town of Southern Shores and the Town of Nags Head. He asked why. Town Manager Layton stated that 1.025 was in the Town of Southern Shores’ budget.
Councilor Caviness asked what Southern Shores’ current tax levy was. Town Manager Layton stated it was 8.5. He stated that the Town of Kitty Hawk and the Town of Manteo were not sure what they were going to do, but did acknowledge proposing a tax increase. He stated that he was trying to show Council and the audience an optimistic worst case scenario. He thought the Town was looking at the same tax rate that is currently in place for the coming year.
Mayor Pro Tempore Thibodeau clarified that Town Manager Layton prepared the budget, giving an optimistic worst case scenario and then reduced the numbers further. Town Manager Layton stated she was correct. He stated he did it because the numbers he was using were the last set of actual numbers for his model. He thought the total numbers were optimistically high.
Councilor Caviness asked if it was Town Manager Layton’s understanding that the other towns were going forward with their proposals and his adjustments were based on recent conversations with the other towns. Town Manager Layton stated she was correct. He stated that he did not want to mislead anyone by saying that the numbers were what was going to be approved, but wasn’t confident enough to use the numbers he had. He stated that he would rather give the worst case scenario and have the Town see a good year as opposed to giving a good case scenario and have the Town see a bad year.
Mayor Morrison asked if the Town of Southern Shores’ tax rate was based on whether the Nags Head referendum would pass. Town Manager Layton stated that it was not. Mayor Morrison asked what the Town Manager of Southern Shores felt the likelihood that the tax increase would be approved by their Council. Town Manager Layton stated that the Town Manager has not said.
Councilor Caviness asked what the Dare County tax levy would be. Town Manager Layton stated that he had heard there will be an increase but did not know what it would be.
Councilor Smith asked if taxes in Nags Head would still be raised even though the referendum did not pass. Town Manager Layton thought Nags Head would not raise taxes to pay for beach nourishment.
Mayor Pro Tempore Thibodeau asked where the Debt Service line item was in relation to the budget. Town Manager Layton stated it is under Parks.
Mayor Pro Tempore Thibodeau asked if the removal of the maintenance person would be reflected in the budget. Town Manager Layton stated it would remain in the budget as the funding for the position would not change the numbers. He stated that he cut all Capital Improvement Program (CIP) items for the Fire Department.
Councilor Smith stated that with the added Fire Department position, the budget is still $9,000 below the FY 2007 budget. He asked how that happened. Town Manager Layton stated that capital items decreased as well as a decrease in the direct contribution to the Fire Department.
Mayor Pro Tempore Thibodeau asked if the rationale for only asking for one (1) replacement police vehicle was budgetary or did it mean that two (2) vehicles did not need to be replaced. Town Manager Layton stated it was a combination of the two. He stated that when he had Police Chief Hamilton run the numbers, they felt comfortable with deferring one of the vehicles. He stated that he would not come back next year recommending the replacement of three (3) vehicles.
Mayor Morrison asked how much it costs to have Ocean Rescue coverage in October. Town Manager Layton stated that the contract runs until October 31st of each year. He stated that if the Town wished to cut it back to October 15th, it would save $5,000. He noted that cutting Ocean Rescue services would not have a real impact on revenues.
Councilor Lindley asked if the increase in population for Ocean Rescue was due to the Sanderling subdivision. Town Manager Layton stated that there is an increase throughout Town, but one of the areas with the least amount of coverage was from Sanderling and the Sound Sea subdivision. Councilor Lindley asked if there has been discussion of the homeowner associations participating in the cost for Ocean Rescue. Town Manager Layton stated there hasn’t.
Mayor Pro Tempore Thibodeau clarified that the timeframe for Ocean Rescue coverage would remain the same. Town Manager Layton stated she was correct.
Town Manager Layton handed out the draft budget document to Council and reviewed the document with them and the audience.
Town Manager Layton handed out the proposed changes to the fee schedule to Council. He stated that he anticipates a slight increase in revenue but did not anticipate it would be enough to balance the budget, as it would more accurately show the actual costs for providing services. He stated that he will be asking to have the fee schedule adopted as part of the budget process.
Mayor Pro Tempore Thibodeau asked how the CIP review will be handled. Town Manager Layton stated that he anticipated it being a part of the general budget work session.
Councilor Caviness clarified that the revenues were based on each municipality manipulating their ad-valorem. Town Manager Layton stated it was for the shared revenues.
Mayor Pro Tempore Thibodeau felt the budget document was a very efficient one. Town Manager Layton stated that he had made a minor change from last year by having pages that describe the services/departments in order to give another level of understanding to what is in the budget document.
Councilor Smith asked what a one cent increase in taxes would represent. Town Manager Layton stated it would be $204,642.
Councilor Lindley asked what would hit the occupancy tax. Town Manager Layton stated he was less concerned about occupancy than sales tax. He stated that some statewide sales tax projections were showing a decrease but wasn’t sure how it would affect the Town.
Mayor Morrison asked Mayor Pro Tempore Thibodeau for her opinion regarding sales tax. Mayor Pro Tempore Thibodeau stated that she has heard mixed opinions but felt they would track. Town Manager Layton stated that occupancy and sales taxes track very closely.
Mayor Morrison thanked Town Manager Layton for his presentation.
Town Manager Layton stated that in the past, the first budget worksession was held at the May mid month meeting. He asked if Council wished to proceed in the same way. It was consensus of Council to hold the first budget worksession on May 16, 2007 at 1:00 p.m.
Mayor Morrison reminded Council that a new member of the Planning Board will need to be appointed at the May 2, 2007 meeting.
Duke Geraghty of the Outer Banks Homebuilders Association was recognized to speak. Mr. Geraghty handed out paperwork regarding the proposed vegetation ordinance. He stated that the general statute was on the paperwork that Town Attorney McRee had referenced at the April 4, 2007 meeting. He stated that the statute discussed timberland and forestry, but not vegetation. He stated that he had also passed out a sheet with all the towns since 1979 that have been given permission to have a vegetation ordinance. He stated that he wasn’t sure the Town was trying to pass a vegetation or stormwater ordinance and had talked to Nancy White who felt it wasn’t a stormwater ordinance. He pointed out that there is no authority for the Town to pass a vegetation ordinance. He stated that the way the ordinance was written, it would be impossible for the Town to keep track of people removing and planting trees. He didn’t think that homeowners who want to remodel their homes would want to hire an arborist or landscape designer. He stated he would like to see the Town use a low impact development. He thought the Town and the Outer Banks Homebuilders Association could work together to bring something to the General Assembly for their next session.
There being no further business to discuss, Councilor Caviness moved to adjourn the meeting.
Motion carried 5-0.
The time was 3:17 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: May 2, 2007
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/s/ Neil Morrison, Mayor