TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
July 5, 2007
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Thursday, July 5, 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, Town Attorney Donald I. McRee, Jr.; Director of Community Development Suzanne Cotellessa; Police Lieutenant Phillip Ferguson; Fire Chief Donna Black; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: Police Chief Dale Hamilton.
Mayor Morrison called the meeting to order at 7:00 p.m. Mayor Morrison led the Pledge of Allegiance and the moment of silence.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano stated that last year the Council spent a lot of time debating whether to allow fireworks in Town. He stated that after a lot of discussion, it was decided to ban fireworks in Town. He stated that there is an ordinance on the books that specifically says that fireworks are not allowed in Duck. He stated that he had visited Italy in the past and they didn’t have laws but suggestions, which they considered a law without enforcement. He thought the Town had the same policy in that there is a suggestion that fireworks aren’t allowed. He thought this past 4th of July was the busiest in Town with regard to fireworks. He stated that before the meeting, he drove on Old Squaw Drive and saw a house that was damaged due to some fireworks. He added that a house of Buffelhead was almost damaged because of fireworks. He stated that if the Town was going to have an ordinance against fireworks, it should be enforced. He thought the Town needed to enforce the ban on fireworks by letting people know they would be fined if they have fireworks in their possession.
Paul Keller of 125 Wiroans Court was recognized to speak. Mr. Keller stated that it was a sad day for him in that Director of Community Development Suzanne Cotellessa would be leaving soon. He stated that she had carried out every element for the Town. He stated that she has taken heat, abuse and suggestions and always held firm and steady without relinquishing any of the scruples or ideas the Town had in mind. He stated that he and the Town would miss Director Cotellessa tremendously. He stated that he and the Town appreciated her steadfastness as well as her professional attitude.
There being no one else wishing to speak, Mayor Morrison closed the time for public comments.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the June 6, 2007 regular meeting and the June 20, 2007 mid month meeting. Mayor Morrison directed Council to review the minutes from the June 6, 2007 regular meeting for changes.
Mayor Pro Tempore Thibodeau had minor corrections to the minutes on Pages 3 and 4. Mayor Morrison had a correction on Page 5.
Mayor Pro Tempore Thibodeau moved to approve the June 6, 2007 minutes as amended.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the June 20, 2007 mid month meeting for changes.
Mayor Morrison had one correction to Page 1 of the minutes.
Councilor Lindley moved to approve the June 20, 2007 minutes as amended.
Motion carried 5-0.
SPECIAL PRESENTATION
Presentation of the 2007 Ocean Rescue Staff
Mirek Dabrowski, Director of Ocean Rescue, was recognized to speak. Mr. Dabrowski introduced each member of Ocean Rescue to Council and the audience.
Mayor Morrison stated that Council had the utmost admiration for the lifeguards and thanked them for everything they do to keep people safe on the beach.
Councilor Caviness asked how the beaches were in regard to trash after the evening of the 4th of July. Mr. Dabrowski stated that it was better than in previous years.
Discussion/Consideration of Resolution No. 07-09, a Resolution of the Town Council of the Town of Duck, North Carolina, Honoring and Thanking Suzanne M. Cotellessa for her Service to the Town of Duck
Mayor Morrison read Resolution 07-09 to Director Cotellessa and the audience. Town Manager Layton went on to present Director Cotellessa with a framed resolution in her honor. He then presented her with a plaque for her service to the Town of Duck. Director Cotellessa thanked Council and Town Manager Layton for the resolution and plaque.
Town Manager Layton stated that there was a short video presentation of the Town’s 4th of July parade he wished to show. He went on to show the presentation to Council and the audience. Mayor Morrison thanked staff for the hard work on the parade.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion/Consideration of a Second Amendment to the Solid Waste Collection and Disposal Agreement between the Town of Duck and Waste Management of Virginia, Inc.
Town Manager Layton stated that as per the budget discussions, the Town has the option in September of extending the terms of the agreement with Waste Management for three (3) years. He stated that as part of the discussion with Waste Management, he was able to reduce the charges by five percent (5%) for both commercial and residential pick up as well as capping any future increases to 2.5% or the Consumer Price Index, whichever is less. He stated that it helped significantly due to fuel charges. He stated that it also gives the Town the opportunity to reduce commercial collection service from three (3) times a week to two (2) in the off-season, saving the Town $5,000 to $6,000. He stated the amendment would extend the term with Waste Management until September 30, 2010 and would give the Town some control over the cost.
Mayor Pro Tempore Thibodeau asked when the Tidewater Fibre recycling contract would expire. Town Manager Layton stated he wasn’t sure but would get back to her with an answer. He stated that he would prefer the two (2) contracts be kept as separately expiring contracts. He thought the Tidewater contract will expire in October 2010.
Mayor Pro Tempore Thibodeau moved to approve the second amendment as presented.
Motion carried 5-0.
Discussion/Consideration of a Third Amendment to the Contract between the Town of Duck and Sandski, LLC
Town Manager Layton stated that as part of the budget discussions, funding was approved for one (1) additional roving lifeguard. He stated that the beaches continue to get more and more crowded each year and having more guards are helpful. He stated that the approved funding would bring the Town to 8 ½ lifeguards with three (3) roving on ATVs. He stated that it will add approximately $18,000 to the contract. He reminded Council that when the contract was previously extended, an increase was put in due to expenses that Mirek Dabrowski prorated.
Mayor Pro Tempore Thibodeau asked Mirek Dabrowski if he was comfortable with the equipment he had. Mirek Dabrowski was recognized to speak. Mr. Dabrowski stated that the initial contract prorated all of his equipment for the first three (3) years. He stated that by adding the additional guard, it wouldn’t take a bite out of the contract. He stated that he added an ATV for the additional guard but no other equipment was added as part of the amendment. Mayor Pro Tempore Thibodeau asked if he was anticipating needing additional equipment. Mirek Dabrowski stated that the equipment was disposable, but he was going to try to protect them so they wouldn’t corrode. He felt that all of the equipment has been holding up really well.
Councilor Smith moved to approve the third amendment as presented.
Motion carried 5-0.
Discussion/Consideration of Authorizing the Town Manager to Enter into Contracts with RPC Contractors and Omni-Pinnacle for the Provision of Post-Storm Debris Removal
Town Manager Layton stated that in previous years, the Town had sent out proposals in conjunction with the Towns of Nags Head and Southern Shores to solicit responses for post-storm debris removal to give more flexibility in the event of a storm. He stated that because the Town solicits proposals annually, it meets the FEMA requirements for bidding. He stated that after analyzing the proposals that came in, each town has recommended RPC Contractors for local storm debris removal and Omni-Pinnacle for the national clean up. He stated that it counts not only for hurricanes but other storms as well. He stated that it authorizes him to enter into contracts, but Memorandums of Understanding would be entered into in the event it’s needed.
Mayor Pro Tempore Thibodeau moved to authorize the execution of two (2) contracts for storm debris removal.
Motion carried 5-0.
Discussion/Consideration of Resolution No. 07-11, a Resolution Authorizing the Filing of an Application for Approval of a Financing Agreement Authorized by North Carolina General Statute 160A-20
Town Manager Layton stated that he had forgotten to obtain authorization to file the application with the LGC. He pointed out that the LGC forgot to tell him he needed to obtain the authorization. He stated that the resolution authorizes the submittal of the package to the LGC for the financing agreement.
Mayor Morrison moved to approve Resolution 07-11 as presented.
Motion carried 5-0.
NEW BUSINESS
Discussion/Consideration of Resolution No. 07-10, a Resolution of the Town Council of the Town of Duck, North Carolina, Establishing a Village Commercial District Zoning Ordinance Technical Review Committee
Mayor Morrison stated that staff had met with real property owners in the Village Commercial District regarding issues related to the district. He stated that some of the issues can be handled on a staff level, but some concerns were raised regarding zoning issues in the district. He stated that staff had recommended the creation of an ad hoc Zoning Ordinance Technical Review Committee for the Village Commercial District. He stated that the committee would be appointed by Council and would comprise of two (2) members of Council, two (2) members of the Planning Board, one (1) member from the Duck Community and Business Alliance, and three (3) individuals who would represent owners of real property in the Village Commercial District. He stated that the Department of Community Development would staff the committee. He stated that if the committee was created, they would be charged with developing a work program of zoning issues to discuss and provide recommendations to Council and the Planning Board. He stated that the recommendations that are received would be reviewed first by the Planning Board and then forwarded to Council for consideration. He stated that the committee would dissolve on December 31, 2008 unless Council wished to extend the term. He noted that the real property owners that wished to be appointed were Jim Braithwaite, Walter Story and Jerry Davis. He added that the Duck Community and Business Alliance had recommended that Don Zerbe be appointed to the committee. He stated that two (2) members of Council and the Planning Board would need to be appointed to fill the committee. He stated that the first issue the committee would work on would be the sign ordinance as there are commercial property owner issues.
Director of Community Development Suzanne Cotellessa was recognized to speak. Director Cotellessa stated that it was an informal way to get at and discuss some of the issues as well as providing viewpoints of the business owners to the Planning Board and Council.
Town Manager Layton stated that staff’s presence was requested with regard to some issues. He stated that after the meeting, he and Director Cotellessa got together to decide on an appropriate way to address the concerns in a constructive way. He stated that the idea of the committee came out of that discussion. He stated there is nothing that states that there has to be a recommendation, rather if there are issues, they could be put on the table to be discussed. He noted that there would be knowledge about why certain things are in place to help educate people. He stated that the Village Commercial area is one that the Town had established some flexibility, but there may be room to meet other concerns. He stated that any recommendations from the committee would have to go through the Planning Board and Council process.
Councilor Caviness pointed out that these individuals have avenues available to them such as attending the Planning Board and Council meetings to voice their concerns. She asked if this was not sufficient for them. Town Manager Layton stated that there was not a specific ordinance change that they would discuss. He thought it was more of a philosophical issue and wasn’t sure there was a real agenda aside from the thinking that something was wrong with the sign ordinance. He thought the Town had an opportunity to engage and foster some openness to discuss it in more detail. He stated that the committee is a common one and serves the purpose of discussing issues to make sense of them without getting into a fight over something that hasn’t been defined.
Councilor Caviness didn’t think it was a valuable process. She wondered why the current system was not sufficient for a small number of people that a committee would be needed. She stated that they could request to be put on the agenda for discussion. She thought it was an extraordinary amount of time for the Planning Board, Council and staff. She stated there was already a system in place to get dialogue going. She stated that even though they said they don’t have an agenda, she felt they did. Town Manager Layton stated that the agenda is undefined for the Town at this point.
Councilor Smith stated that he could understand the need for the committee if every avenue had been exhausted with no resolution. He stated that he knew Jim Braithwaite, met Walter Story once but did not know Jerry Davis. He agreed with Councilor Caviness in that he didn’t know what avenues the individuals have taken prior to this meeting that have shown an effort to come to an agreement with regard to opportunities the Town has available to address their concerns. He asked what the individuals have done prior to asking Council to form this committee that they couldn’t come to an agreement. Town Manager Layton stated he wasn’t going to speak for the committee. Councilor Smith stated he had never heard of any concerns prior.
Mayor Pro Tempore Thibodeau pointed out that Jim Braithwaite went through the Village Commercial District process in the past. She stated that he has tried to be a go-between for business owners that do not live near Duck but have financial stakes in Town. She thought that Jim Braithwaite was the one that called the meeting with Town staff because of an issue with the banners that were put up in Scarborough Faire. She stated that that meeting led to wanting to have a dialogue started. She thought staff had suggested a forum for conversation. She thought it would be an educational process as well as a forum for conversation so good communication could be fostered. She stated that it would promote a valuable outreach.
Councilor Caviness stated that she did not disagree that the Town would have a productive dialogue, but what concerned her was that it was a few people who have not wanted to follow the proper channels that have a specific agenda. She pointed out that if an ordinance that is on the books is no longer working, there is a system to go through to make amendments. She stated that she didn’t have a problem with the fact that some good would come out of it, but thought it was circumventing a good process and would open doors for another group that would want to form a committee. Town Manager Layton stated that any group could request to form a committee. Councilor Caviness stated by forming this committee, Council would be establishing a precedent. She thought Council would want to go out of its way to have a community work session, special meeting or added agenda item to deal with the issues. She felt forming the committee was going above and beyond what Council needs to do. She didn’t think it was an issue that was profound as it was about signage, which was addressed four to five (4 – 5) years ago.
Councilor Smith stated he did not have a problem discussing an issue at length as to why something is not working. He thought Council and the Town itself had always been open to doing that. He didn’t see by creating this committee, that it would be necessary when it has been the policy of the Town to discuss issues at length. He noted that a lot of the business owners had comments and suggestions when the Town was working on the Village Commercial District. He stated that he had a problem with the committee being a special one because a small group of individuals have an issue. He didn’t think it would justify creating a separate committee. He stated that no one had answered his question as to what steps these individuals have taken to get the issue resolved.
Councilor Lindley stated that when he first heard about the committee, it seemed like a sensible suggestion because Council is available and open to the public; but in order to make use of it, people have to be willing to come to the meetings with no particular standing on what else may be discussed. He stated that the forming of the committee offers a chance for people to come together and have a stand on the committee that they wouldn’t have if they attended a Council meeting and just spoke. He stated that the fact that the idea came from Town staff greatly impressed him.
Councilor Caviness stated that if there is trouble and public input is needed, Council has always been accommodating. She didn’t think the three (3) individuals on the committee or anyone else should have an elevated standing in what needs to be a community conversation. She stated that if business owners are having a problem, Council should be able to hear from all of them and not just the individuals that own the biggest shopping centers in Town as well as a person on the Business Alliance. She felt everyone should be heard from whether or not they live in Duck. She stated that if they own a business in Town, their voice should be heard. She stated that if there needs to be a community discussion, seminar, meeting, etc., Council should do it as a real community conversation. She didn’t think the three (3) individuals deserved a higher standing in the community conversation because they owned the biggest properties.
Mayor Pro Tempore Thibodeau thought everyone was saying the same thing – Council was looking for input and open discussion. She stated that if the meetings were to happen, they would be open to the public and she would welcome business owners to sit in on the discussion. She thought people would flock to that type of discussion. She envisioned the meetings to run somewhat like a Planning Board meeting. She pointed out that the committee would terminate at the end of the year unless it’s deemed necessary to continue. She stated it was a nice way to have multiple people discuss the issues. She thought it was a nice gesture and was willing to sit on the committee to use it as an educational tool. She thought all of the business owners would be able to get to know each other and feel less intimidated by the process. She thought it was a great way to develop more of a forum for discussion and she welcomed everyone’s opinion. She thought it would not be where anyone would be making decisions that everyone else would have to abide by, but thought it was a way to engage people. Town Manager Layton added that staff was seeing an attempt to manipulate staff to be the conduit for issues that could not be solved without a clear direction from Council. He stated that the resolution was an attempt to give Council control over some of the ad hoc meetings that were in the process of taking place. He stated that staff was taking the stuff in and it was clear the issues being discussed were ones that were beyond staff’s realm to champion. He stated he had heard a level of fear or distrust of a process, but nothing he could say would change that. He saw this as an opportunity to involve people who have previously chosen not to be involved. He thought it was a positive thing. He stated that it takes away some pressure and provides a venue to bring people into the process.
Councilor Smith thought the fact that there was a pressure level and that staff was feeling pressure spoke volumes about the fact that there is an agenda and a point that these individuals want to achieve. He didn’t think it was an overall feeling of doing what was best for the community but more toward their individual issues. He didn’t say that their issues weren’t legitimate, but thought they had specific issues that they wanted to discuss versus an overall approach to the Village Commercial District. He stated that if it was an overall approach and how to make it better, he would be all for it if it would be to the benefit of the future of Duck. He stated he was not getting that feeling at all. He stated that the whole issue stemmed from signs and that the first meeting was not a very amicable one. He stated that he was not getting the feeling that these individuals had the best interest at heart for the overall Village Commercial District. He wondered if Council created the committee, where it would stop and could it be stopped. Town Manager Layton stated that the individuals do have an agenda, but he didn’t know what it was.
Councilor Caviness agreed with Town Manager Layton’s comments. She stated that they have an agenda about issues that are specific to something that happened a long time ago when Council sought out an extraordinary amount of public input. She stated that Council has a lot of channels in place and have been more than open to have special community sessions and can still do that. She felt this was feeding into special interests. She stated that these individuals want something specific and not a broad policy discussion.
Mayor Pro Tempore Thibodeau disagreed with Councilor Caviness’ comments. She thought everyone was interested in having a good community and not just looking out for their own interests. She thought that giving an opportunity for these individuals to have a discussion would be a way to bring people into the discussion rather than excluding them. She stated that if it was sparked by only one issue, Council had indicated that they were willing to look at issues that needed to be addressed. She stated that she didn’t understand the objection. She wondered why everyone couldn’t be brought into the discussion and thought it was a great idea. She stated that by not doing it, it would show that Council did not want to hear anyone’s issues. She stated that if another group wanted to form a committee, it would be great.
Councilor Smith stated that Council was deciding on formally creating a specific committee and not an outreach discussion. He stated that the resolution forms a specific committee. He stated it wasn’t the same as having an open discussion. Mayor Pro Tempore Thibodeau disagreed.
Councilor Lindley stated that he has been disturbed by anonymous communications that Council receives. He stated that he saw this committee as a way of stopping that as he regards anonymous communications as despicable. He thought forming the committee would bring people out to speak instead of doing it anonymously.
Town Manager Layton noted that there is an assumption that the committee would be successful. He didn’t know how things would play out if the resolution was taken away but meetings were set up. He thought there could still be discussions on the issue. Councilor Smith suggested a single meeting where there would be two (2) Council members, two (2) Planning Board members, one (1) representative from the DCBA as well as the three (3) individuals along with the Planning Department involved to find out what was to be achieved. He stated that if that was successful and felt a committee should be formed with enough potential positive outcomes, then a resolution could be presented to Council. He felt Council was getting ahead of themselves and that a first meeting would be in good order.
Councilor Caviness stated she would prefer to see any individual go through the channels that are available and if Council needed to set up a workshop, it could be another option. She thought the committee was not one that made her feel good nor was one that would bring in a lot of people from Town to come to the meetings or establish a community dialogue. She thought by setting up something more specific, it would foster more outreach. Councilor Smith thought there could be one or two meetings with the overall Town forum decided in one of the meetings as possibly the best way to go about things versus a specific committee. He stated he would like to have individuals from Council and the Planning Board along with the others specified and have a meeting or two to see if there is enough issues to form a committee.
Mayor Pro Tempore Thibodeau asked if a resolution was needed for the individuals to come together or could they meet as a group that would be advertised. Town Attorney McRee stated that the committee could be created and would have to follow the Open Meetings Law. He stated that if Council wished to have an informal gathering, it could be done by invitation without complying with the Open Meetings Law. Town Manager Layton cautioned Council to be careful not to have a secret meeting. Town Attorney McRee cautioned Council to only have (2) Council members at the meeting.
Councilor Smith stated he would rather have an open meeting. Mayor Pro Tempore Thibodeau agreed. Councilor Smith stated that the three (3) individuals should also be present. He stated he would rather have a meeting before forming a committee.
Mayor Morrison stated that after looking over the names of the people that are proposed to be on the committee, he was not optimistic there would be a positive outcome. He thought the whole matter started when one member of the group refused to obey one of the Town’s regulations, almost daring the Town to do anything about it. He stated that this individual wanted to be part of the committee in the hopes of making a recommendation to the Planning Board and Council that their wishes be fulfilled. He stated that after hearing the discussion, he was not optimistic that a positive outcome would come of it. He stated he was not opposed to having an informal meeting of the individuals to find out what they want to do. He moved to take no action on the resolution.
Town Manager Layton asked if a separate meeting would be held. Mayor Morrison stated he would like to have one. He agreed with Councilors Caviness and Smith that there was no reason to form the committee at this time. Town Manager Layton suggested there be a motion directing him to organize the meeting. He stated it would be helpful if two (2) individuals from Council and the Planning Board were volunteered to serve on the committee to take the guesswork away. Mayor Pro Tempore Thibodeau stated she would be happy to speak at the meeting. Councilor Smith stated he would also volunteer. Mayor Morrison asked Ron Forlano and John Fricker to volunteer for the committee. It was consensus that Mayor Pro Tempore Thibodeau, Councilor Smith, Ron Forlano and John Fricker would all be part of the committee.
Mayor Pro Tempore Thibodeau moved to ask the Town Manager to set up a meeting as discussed by Council.
Councilor Caviness felt the meeting should not be held until after Labor Day. Town Manager Layton asked Mayor Pro Tempore Thibodeau and Councilor Smith to provide him with some dates beginning the middle of August of their availability so he could proceed with coming up for a date for the meeting.
Mayor Morrison asked if Mayor Pro Tempore Thibodeau’s motion needed to be voted on. Town Attorney McRee stated it did not. Mayor Pro Tempore Thibodeau withdrew her motion.
Discussion/Consideration of Ordinance No. 07-10, an Ordinance Amending Ordinance No. 04-18, an Ordinance Defining and Prohibiting Abuse of Animals; Defining and Prohibiting Nuisance Animals; Providing for Rabies Control; and Requiring that Dogs Wear Identification and Rabies Tags
Town Manager Layton stated he was asking Council to consider an amendment to the ordinance regarding dogs running on the beaches without a leash. He stated that the Town has been working under the assumption that the ordinance made it clear that dogs had to be under the immediate control of the owner, but because of some recent complaints and after looking at the ordinance, it was never specified. He stated that the amendment would clarify that animals would have to be under the immediate control of the owner by being within sight and sound of the owner and respond to audible commands of the owner.
Mayor Pro Tempore Thibodeau asked if there have been a lot of complaints about dogs. Town Manager Layton stated there has not, but had specific complaints about dogs that were loose on the beach and wreaking havoc. He stated that when staff reviewed the ordinance, it was realized that this change needed to be made.
Mayor Pro Tempore Thibodeau moved to approve Ordinance 07-10 as presented.
Motion carried 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated that he had nothing to report.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Town Manager Layton stated Fire Chief Donna Black wished to give a presentation.
Fire Chief Donna Black was recognized to speak. Fire Chief Black went on to give a short photo presentation on several fires that occurred in Town in the past few weeks due to fireworks.
Mayor Pro Tempore Thibodeau asked if the individuals who caused the fires were cited. Town Manager Layton and Fire Chief Black stated they were.
Fire Chief Black stated she was glad the Town has the fireworks ordinance in place as she had to confiscate fireworks from people before the ordinance was adopted. She stated that the best thing to do is to educate the public about the dangers of fireworks and let them know they will be cited.
Mayor Pro Tempore Thibodeau asked if something could be added to AM530 with regard to fireworks. Police Lieutenant Phillip Ferguson was recognized to speak. Lieutenant Ferguson stated he would put language on there. Fire Chief Black stated that she took some flyers to the rental companies and businesses to post regarding the dry weather and that fireworks are illegal.
Ron Forlano was recognized to speak. Mr. Forlano asked if the people that caused the fires knew the Town had an ordinance in place. Police Lieutenant Ferguson thought that they were made aware of it. He stated that AM530 has something regarding it as well as anything that is publicized by the Town. Mr. Forlano stated that people cannot plead ignorance as it is all over Town. Town Manager Layton noted that it is also on the Town brochures.
Councilor Caviness stated that there is a sign when you first come into Town and the magnets in the rental homes state fireworks are illegal. She agreed with Mr. Forlano’s comments. She stated that if someone was caught with fireworks, they should be cited and fined.
Update on Departmental Activities
Town Manager Layton stated that he had the department heads prepare reports before the meeting on their activities. He went on to hand out the Fire Department, Police Department and building permit activities to Council.
Police Lieutenant Phillip Ferguson was recognized to speak. Police Lieutenant Ferguson stated that the number of fireworks calls on July 4th was down considerably from previous years.
Director Cotellessa stated that the Town has processed five (5) vegetation management plans with no fees involved. She stated that it has gone pretty well and most were for people adding on to their property. Mayor Pro Tempore Thibodeau asked if African Love Grass was part of the planting. Director Cotellessa stated that it was not technically a bush but was something that could be planted.
Update on the Implementation of the Municipal Property Master Plan
Town Manager Layton stated that things are proceeding nicely. He stated that the trails are essentially done with the focus being on the pier and boardwalk. He stated that he was finishing the closeout for Phase I and by the time an inspection is due, the pier will be substantially complete. He stated that the contractors will be putting in the rest of the boardwalk over the next couple of weeks. He stated that he expected the next Municipal Property meeting to be held in August with the committee dealing with some unfinished issues.
Councilor Lindley asked if there was a headcount on the number of people that were at the park on July 4th. Town Manager Layton stated he did not have one. Fire Chief Black asked if Councilor Lindley wanted a headcount for the park or the park and parade. Councilor Lindley stated he would like one for the whole thing. Fire Chief Black and Police Lieutenant Ferguson guessed 5,000 people. Councilor Smith agreed.
Update on Shoreline Management Committee Dune Planting Project
Mayor Morrison stated that the Shoreline Management Commission in Dare County is making $24,000 available to the towns for sand fencing and dune planting. He stated that the money would provide 2,200 linear feet of protection. He stated that he, Town Manager Layton and Zoning Administrator Sandy Cady rode on the beach recently to determine the areas that would benefit the most from the planting. He stated that Zoning Administrator Cady has been working on a presentation. Town Manager Layton agreed and stated that Zoning Administrator Cady has put together a matrix of different areas that were identified and prioritized as to damage that is there and the effect of dune planting or sand fencing. He stated that they are trying to evaluate the areas that need sand fencing or dune planting and using the funds for it. He stated he would have Zoning Administrator Cady give a presentation at Council’s August meeting.
Mayor Pro Tempore Thibodeau asked if there was a timetable for the planting. Town Manager Layton stated there was. Mayor Morrison stated that he hoped it would occur annually. Mayor Pro Tempore Thibodeau asked if the other towns were looking at the project in the same way to maximize the linear feet. Mayor Morrison stated it was left up to each town to decide how they want to spend the money.
Budget Amendments
Town Manager Layton stated that he was requesting an approval for an end of year transfer of $20,000 from the Contingency account to Administration to cover additional costs associated with employee pay adjustments made over FY 2007.
Councilor Lindley moved to approve the budget amendments as presented.
Motion carried 5-0.
Financial Statement for the Month of June 2007
Town Manager Layton stated he would pass out the financial report on revenues and expenditures to Council at a later date as there was an error in it.
Councilor Smith asked for an update on the NC12/Tuckahoe engineering. Town Manager Layton stated that things are on schedule. He stated that NCDOT had contacted him to double check how they are proceeding because of their desire to have the construction completed in 2008. He stated that they have finished the surveying and are now in the middle of the heavy engineering. He stated that by the end of August, the engineers should have draft documents to review with NCDOT and after that, things will be finalized.
MAYOR’S AGENDA
Mayor Morrison stated he had received a letter from Concerned Citizens of the Town of Duck with a Kill Devil Hills address listed. He stated that the letter points out that they were enclosing some survey forms that the group had mailed out. He stated that the cover letter that went with the surveys contained at least twelve (12) misstatements. He stated that after reading the fictitious material, he realized the mailing was targeted at the oceanfront property owners and it contained many inaccurate comments. He passed out the letter and surveys to Council and pointed out that the letter was unsigned. He stated that neither Council nor the Town knows officially who the letter came from and most of the names on the survey forms were illegible. He asked Council what they would like to do about the letter and surveys.
Mayor Pro Tempore Thibodeau stated she wanted a chance to review the letter and surveys.
Mayor Morrison stated he does not respond to anonymous letters.
Mayor Pro Tempore Thibodeau asked if the group wanted a response from Council. Mayor Morrison stated that the letter did not indicate that a response was requested.
Councilor Lindley thought that anything that came to Council anonymously should be disregarded and not even discussed. He stated that he could not think of any reason why a person would send a letter without signing their name if they were interested in the future and well being of the Town. He stated that sending anonymous letters was despicable. Councilors Caviness and Smith agreed with Councilor Lindley’s comments.
Mayor Pro Tempore Thibodeau pointed out that the group was not asking for a response. She didn’t think there was even a reason to respond to them.
It was consensus of Council to disregard the letter and surveys.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau asked what the dates were for the filing for Council seats. Councilor Lindley stated it was from July 6, 2007 through July 20, 2007. Councilor Caviness agreed. Mayor Pro Tempore Thibodeau stated that anyone that was interested in running for Council should file.
Councilor Caviness stated she had nothing to report.
Councilor Lindley congratulated everyone associated with the July 4th festivities.
Councilor Smith thanked everyone including the business owners for their help with the 4th of July parade.
OTHER BUSINESS
Mayor Morrison stated that the next meeting would be Wednesday, August 1, 2007 at 7:00 p.m.
There being no further business to discuss, Councilor Caviness moved to adjourn the meeting.
Motion carried 5-0.
The time was 9:12 p.m.
____________________________
Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
Neil Morrison, Mayor