TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
August 1, 2007
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, August 1, 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 Andy Garman; Police Lieutenant Phillip Ferguson; Fire Chief Donna Black; Zoning Administrator Sandy Cady; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: None.
Mayor Morrison called the meeting to order at 7:00 p.m. Mayor Morrison led the Pledge of Allegiance and moment of silence.
Town Manager Christopher Layton was recognized to speak. Town Manager Layton went on to introduce William Walker to Council and the audience as the Town’s new Deputy Fire Chief. He stated that Mr. Walker will start work on August 6, 2007.
Fire Chief Donna Black was recognized to speak. Fire Chief Black stated that she and Deputy Chief Walker have known each other for a number of years and that he has been training in Duck for the past several years. She gave a short background on Deputy Chief Walker to Council and the audience. Fire Chief Black went on to give a short photo presentation to Council and the audience, showing various fire activities that Deputy Chief Walker was involved in.
Mayor Morrison and Council welcomed Deputy Chief Walker to the Town.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments.
There being no one wishing to speak, Mayor Morrison closed the time for public comments.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the July 5, 2007 regular meeting. Mayor Morrison directed Council to review the minutes from the July 5, 2007 regular meeting for changes.
Councilor Lindley and Mayor Pro Tempore Thibodeau had one change to the minutes on Page 1. Mayor Pro Tempore Thibodeau had a change on Page 2. Mayor Morrison had one correction to Page 12.
Councilor Lindley moved to approve the July 5, 2007 minutes as amended.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Overview of Recommendations for the Shoreline Management Commission Dune Planting and Sand Fencing Project
Mayor Morrison stated that Zoning Administrator Sandy Cady would be making a presentation on her recommendations for the Shoreline Management Commission dune planting and sand fencing project.
Zoning Administrator Sandy Cady was recognized to speak. Zoning Administrator Cady went on to give a short presentation on her recommendation of areas in need of either dune planting or sand fencing to Council and the audience.
Mayor Morrison asked how the areas that have improperly installed sand fencing would be handled. Zoning Administrator Cady stated that the property owners have been notified.
Mayor Pro Tempore Thibodeau asked if educational materials are sent out to the property owners. Zoning Administrator Cady stated that when she sends letters to the homeowners, she includes the regulations, what they have on site, and a diagram with instructions on how to install sand fencing properly as well as asking that they contact her. She stated that it works very well most of the time. Mayor Pro Tempore Thibodeau asked why the areas with improper sand fencing would not be considered in her recommendation. Zoning Administrator Cady stated that she took them out for this round of consideration whether it was planting or fencing.
Councilor Caviness clarified that there were limited resources. Town Manager Layton agreed and stated that the money was better spent in other areas. Zoning Administrator Cady stated it was an incentive for those people to fix what they have so they could be considered next time.
Mayor Pro Tempore Thibodeau asked if it would take three (3) years to implement the project. Mayor Morrison stated that the commission had only decided to do it this year. He stated that they anticipate doing it again next year. Mayor Pro Tempore Thibodeau clarified that it will be done this year but may be done next year as well. Mayor Morrison agreed. He stated he had not heard it would go for three (3) years. Town Manager Layton stated that Lee Wren of the Shoreline Commission had stated it would be over the course of three (3) years. He stated that each year there will be a new analysis as to what is needed.
Mayor Morrison asked if the homeowners are notified if the Town installs sand fencing and if they were expected to maintain them in the future. Town Manager Layton stated that there was a certain amount of maintenance as part of the contract. He stated that the Town would not be installing the sand fencing but would be working with Lee Wren and the contractor hired to do the work. He stated that if Council approves the recommendation, letters will be sent out to the property owners and Lee Wren will be contacted to start the process.
Mayor Morrison thanked Zoning Administrator Cady for her presentation.
Mayor Pro Tempore Thibodeau moved to approve the recommendation as presented.
Motion carried 5-0.
NEW BUSINESS
Presentation by Sheila Davies regarding the Dare County Substance Abuse Pilot Project
Mayor Morrison stated that Sheila Davies of the Dare County Health Department would be giving a presentation.
Sheila Davies was recognized to speak. Ms. Davies went on to give a short presentation on the Dare County substance abuse pilot program, touching on how the project originated, the issues facing Dare County and the plans in place to address the issues.
Mayor Morrison thanked Ms. Davies for her presentation.
Review of Proposed Ordinance No. 07-11, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina, regarding Residential Parking and Drive Aisle Standards
Director of Community Development Andy Garman was recognized to speak. Director Garman stated that the Planning Board had been discussing the issue for several months. He stated that it came about out of concern of the large concrete parking areas. He stated that the Planning Board had considered a number of changes to soften the appearance of large parking and drive aisles and that the ordinance would no longer allow the required parking to be in concrete or asphalt but in gravel, porous pavers or similar semi-permeable material. He stated it would also limit the width of the parking area relative to the lot width. He stated that the ordinance would allow stacking of parking outside of the required twelve (12) foot drive aisle. He stated that the Planning Board voted unanimously to recommend the ordinance to Council for adoption.
Mayor Pro Tempore Thibodeau asked how homeowners would be able to obtain an exception if their lot was sloped. Director Garman stated that a specific policy to address the issue was not discussed by the Planning Board but would be looked at on a case by case basis. Town Manager Layton stated he would see this as an administrative process as opposed to a variance process. Mayor Pro Tempore Thibodeau asked what would constitute the driveway entrance and if the Planning Board discussed allowing the apron to be made of concrete. Director Garman thought the Board had discussed the apron in that the right-of-way property line is set back from the edge of the pavement approximately fifteen (15) feet. He stated that it would be twenty (20) feet from the edge of the pavement until it gets to the parking area. Mayor Pro Tempore Thibodeau asked if there was any discussion of the apron being concrete. Director Garman stated that the proposed ordinance allows the drive aisle and apron to be in concrete. He stated that the required parking spaces would be in gravel.
Councilor Smith asked if there was an exception that would be allowed for a handicapped resident to have concrete instead of gravel to get to and from their home. Director Garman stated that the proposed ordinance would only allow gravel or porous pavers but the homeowner could file for a variance or special exception.
Town Manager Layton recommended that a motion be made for the ordinance to go for a public hearing at Council’s September 5, 2007 meeting if they wished.
Councilor Lindley moved to authorize a public hearing on Ordinance 07-11 for the Council’s September 5, 2007 meeting.
Motion carried 5-0.
Review of Discussion/Consideration of Ordinance No. 07-12, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina, regarding the Removal of Peat Pod Repair Areas as Calculated Lot Coverage
Director Garman stated that the ordinance was amended in the past so that the peat pod repair areas that back up septic systems were counted as lot coverage. He stated that the proposed ordinance removes that requirement since conventional septic systems are always replaced in their current place. He stated that the Planning Board voted to recommend the ordinance come before Council for adoption.
Mayor Morrison reminded Council that they would need to make a motion to authorize a public hearing on the ordinance.
Mayor Pro Tempore Thibodeau moved to authorize a public hearing on Ordinance 07-12 for the Council’s September 5, 2007 meeting.
Motion carried 5-0.
Discussion/Consideration of Amendments to the Town’s Contract with Hornthal, Riley, Ellis and Maland for Legal Services
Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated that the contract amendment was to increase their fees since they have not increased in the past five (5) years. He stated that the monthly retainer and hourly rates paid by the Town would increase and would be in line with what all the other municipalities are paying.
Town Manager Layton reminded Council that the increase was included in the FY2008 budget.
Councilor Caviness pointed out that Town Attorney McRee was instrumental during the period when Duck was investigating incorporating. She stated that he has worked with the Town for much longer than five (5) years. Town Attorney McRee stated that he and his partners enjoy and are proud to work for the Town.
Mayor Pro Tempore Thibodeau moved to approve the contract with the amendments for the legal services of Hornthal, Riley, Ellis and Maland.
Motion carried 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney McRee stated that he had nothing to report.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
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.
Update on the Implementation of the Municipal Property Master Plan
Town Manager Layton stated that things are moving right along. He stated that the pier is branching out in all directions and the pilings for the willow swamp trail are in. He stated that it is not recommended to walk through that area alone, but if anyone wanted to see it, he would be happy to take them out there. He stated that a water fountain has been ordered and received and would be installed near the playground in the next few weeks. He stated that the activities have been well attended as well. He stated that the first grant for reimbursement was submitted and accepted. He anticipated receiving funding shortly. He stated that in September, he anticipated two (2) revisions to the pier area – one to extend the pier out thirty-eight (38) feet to get it down to two (2) feet to the water and the other to construct a low level deck near the pier to tie the trails together. He stated that both items would require a CAMA revision and anticipated DWQ having to look at it again.
Mayor Pro Tempore Thibodeau asked if the low level deck would be sitting on pilings. Town Manager Layton stated it would. Mayor Pro Tempore Thibodeau asked if the pier would slope down and look like a ramp. Town Manager Layton stated it would.
Update on Debt Refinancing
Town Manager Layton stated that he had run into a glitch and would not know until late fall how it will be dealt with. He stated that in spite of his best efforts, BB&T will not allow repayment on the original loan until February 2008. He stated that Town Attorney McRee tried working with BB&T and was told that they were “not inclined to be accommodating to the Town of Duck”. He stated that the Local Government Commission got involved and could not understand why the bank was doing this. He stated that the original RFP had a no prepayment penalty in it but BB&T put one in the contract. Town Attorney McRee stated it was unusual for a bank to take this type of position with a municipality. Town Manager Layton stated that, come November or December, he would be looking at the rates and move forward with the refinancing. He stated that a fund balance transfer would have to be done as well.
Mayor Pro Tempore Thibodeau asked where the debt was in the budget. Town Manager Layton stated it was listed under Parks. Mayor Pro Tempore Thibodeau asked how much the budget amendment would be. Town Manager Layton stated it would be around $400,000.00 as it would be the payment to BB&T.
Councilor Smith asked if the money would come out of the general fund. Town Manager Layton stated it would be pulled from the fund balance. Councilor Smith asked if it would eventually be replaced in the fund balance through budgeting. Town Manager Layton stated that if Council chose to do that, it could be done that way. He stated that to do it that way would require direct appropriation, which would be a decision Council would make.
Financial Statement for the Month of July 2007
Town Manager Layton stated he would pass out the financial report on revenues and expenditures to Council at a later date as he did not have them ready.
MAYOR’S AGENDA
Mayor Morrison stated he did not have anything to report.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau asked if temporary signs have been considered for the park to let people know there would be events. Town Manager Layton stated that staff is in the process of developing and ordering signs. He stated that a marquee type sign has been ordered and would be put up near the stage for people to see what events will be happening. He stated that eventually there will be signs at all entrances of the park
Councilor Caviness stated she had nothing to report.
Councilor Lindley stated he had nothing to report.
Councilor Smith stated he had nothing to report.
OTHER BUSINESS
Mayor Morrison stated that the next meeting would be Wednesday, September 5, 2007 at 7:00 p.m.
CLOSED SESSION
Mayor Pro Tempore Thibodeau moved to enter closed session in accordance with Section 143-318.11(6) of the North Carolina General Statutes to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee.
Motion carried 5-0.
The time was 8:38 p.m.
Upon return from closed session, there was no further business to discuss. Councilor Caviness moved to adjourn the meeting.
Motion carried 5-0.
The time was 9:51 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor