TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
December 5, 2007
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, December 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: Councilor-elect Dave Wessel; Town Manager and Town Clerk Christopher J. Layton, Director of Community Development Andy Garman; First Sergeant Jeff Ackerman; Fire Chief Donna Black; Town Attorney Donald I. McRee, Jr.; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: Interim Police Chief Phillip Ferguson.
Town Clerk Christopher Layton called the meeting to order at 7:02 p.m. Town Clerk Layton asked Director of Community Development Andy Garman to lead the Pledge of Allegiance. Town Clerk Layton led the moment of silence.
SWEARING IN OF NEW COUNCIL MEMBERS
Town Clerk Layton swore in each Council member one at a time.
ELECTION OF TOWN COUNCIL OFFICERS
Election of Mayor
Town Clerk Layton opened the nominations for Mayor of Duck. Councilor Caviness moved to nominate Neil Morrison as Mayor. Town Clerk Layton asked for other nominations. There being no other nominations, Town Clerk Layton closed the nominations. Town Clerk Layton moved to elect Neil Morrison as Mayor.
Motion carried 5-0.
Town Clerk Layton turned the meeting over to Mayor Morrison.
Mayor Morrison stated that he appreciated the confidence Council has shown in him and looked forward to serving with them over the next two (2) years.
Election of Mayor Pro Tempore
Mayor Morrison opened the nominations for Mayor Pro Tempore of Duck. He moved to nominate Monica Thibodeau as Mayor Pro Tempore. Mayor Morrison asked for other nominations. There being none, he moved to elect Monica Thibodeau as Mayor Pro Tempore.
Motion carried 5-0.
SPECIAL PRESENTATION
Discussion/Consideration of Resolution #07-14, a Resolution of the Town Council of the Town of Duck, North Carolina, Honoring and Thanking Denver Lindley, Jr. for his Service to the Town of Duck
Mayor Morrison read Resolution 07-14 to Council and the audience. He presented Denver Lindley, Jr. with a plaque, thanking him for his service to the Town of Duck.
Denver Lindley, Jr. was recognized to speak. Mr. Lindley stated he was deeply touched. He stated it was a privilege and honor to serve on the Council.
Mayor Morrison asked for a motion. Mayor Pro Tempore Thibodeau moved to adopt Resolution 07-14 as presented.
Motion adopted 5-0
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments. He asked that any comments regarding the public hearings be held off.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano stated that he was representing the Carolina Dunes Homeowner Association. He stated that they had a general homeowners meeting and the major topic of conversation was fireworks. He stated that the homeowners were concerned about fireworks due to a home that was damaged because of fireworks over the summer. He stated that the homeowners had asked him to voice their concerns to Council. He stated that they understood that an ordinance prohibiting fireworks was in effect but that few citations were given out to people setting off fireworks. He stated that the homeowners were very upset that an ordinance was in effect but nothing was being done about the fireworks. Mayor Morrison stated that Council would take the issue under advisement. He suggested it be discussed at the Retreat.
Allan Beres of 146 Dune Road was recognized to speak. Mr. Beres congratulated Council on their election. He thanked them for wanting to serve the Town. He thought it was important for the citizens of Duck to appreciate what Council does for the Town.
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 November 7, 2007 regular meeting. Mayor Morrison directed Council to review the minutes from the November 7, 2007 regular meeting for changes.
Councilor Smith had one change to Page 7. Councilor Wessel had one clarification to Page 15.
Councilor Caviness moved to approve the November 7, 2007 minutes as amended.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration on/of Ordinance No. 07-17, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina, regarding the Prohibition of Pump and Haul Wastewater Systems
Director of Community Development Andy Garman was recognized to speak. Director Garman stated that he had no comments
Mayor Morrison opened the public hearing. There being no one wishing to speak, he closed the public hearing.
Mayor Morrison opened the floor to Council for discussion.
Mayor Pro Tempore Thibodeau moved to approve Ordinance 07-17 as presented.
Mayor Pro Tempore Thibodeau asked where the fourteen (14) days came from with regard to the timeframe for the repair period. Director Garman thought it was proposed under the Nags Head ordinance and thought it was an acceptable amount of time necessary to obtain permits. Mayor Pro Tempore Thibodeau clarified that it was like a good faith effort. Director Garman stated she was correct.
Motion carried 5-0.
Public Hearing/Discussion/Consideration on/of Ordinance No. 07-18, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina, regarding Submission of Site Surveys in Support of Building and Land Disturbance Permits
Director Garman noted that a revised matrix was distributed to Council. He stated that it was a revision to the administrative policy for the ordinance.
Mayor Pro Tempore Thibodeau asked if the revision was a tightening up of the existing data. Director Garman stated it was.
Councilor Caviness felt it was very well done and helpful. Councilor Wessel felt the notes helped.
Mayor Morrison opened the public hearing.
Willo Kelly of the Outer Banks Homebuilders Association was recognized to speak. Ms. Kelly stated that the Association saw the original ordinance as being very restrictive. She stated they were pleased to see it go through the Planning Board process and come before Council. She stated that they fully supported the ordinance.
There being no one else wishing to speak. Mayor Morrison closed the public hearing.
Mayor Morrison opened the floor to Council for discussion.
Councilor Wessel asked what the thinking was for a site survey requirement for the replacement of a hot tub. He felt it was overkill if the hot tub was already in existence and would be replaced by a similar one. Mayor Pro Tempore Thibodeau pointed out that it would only require an electrical permit. Councilor Wessel asked why an electrical permit would be required. Director Garman stated that the matrix was geared toward new hot tubs or swimming pools. He did not think a survey would be needed to replace an existing hot tub in the same exact location.
Town Manager Layton stated that an electrical permit would be required as it was due to the North Carolina Building Code. Councilor Caviness stated that the code does change from time to time.
Mayor Pro Tempore Thibodeau asked if it would be considered an electrical remodel. She thought it could be clarified. Director Garman stated that there were notes on the matrix, but thought more detail could be added. He stated that he would like people to contact the Town to describe the project in detail to get a definitive answer on what would be required.
Town Manager Layton added that the electrical permit was a minor trade permit and very simple to obtain. Councilor Wessel stated he just wanted to see if the requirement was necessary.
Councilor Smith moved to adopt 07-18 as presented.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update on the Mid-Currituck Bridge
Mayor Morrison stated John Wander was to give an update on the Mid-Currituck Bridge but was not present. He stated that the item would be put on the January 2, 2008 agenda.
Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor stated he could give an update. Mr. Taylor went on to give a short update on the Mid-Currituck Bridge to Council and the audience.
Mayor Morrison thanked Sam Taylor for the update.
Issues Related to the Refinancing of the Previously Approved Installment Purchase Contract with Branch Banking and Trust Company
Discussion/Consideration of Resolution No. 07-15, a Resolution of the Town Council of the Town of Duck, North Carolina, Approving the Terms of Refinancing a Previously Approved Installment Purchase Contract with Branch Banking and Trust Company
Town Manager Layton stated that as part of the Fiscal Year 2008 Budget, he had anticipated that the Town’s loan with BB&T for the purchase of the park property would be refinanced. He stated that due to a clause in the contract, the Town was not allowed a prepayment of the loan except on the original payment date, causing the refinancing to fall through. He stated that the Town had received proposals from BB&T and RBC Centura Bank for the refinancing of the remaining principle of the BB&T loan. He added that RBC Centura proposed a 3.47% interest rate and BB&T proposed a rate of 3.61%, however BB&T would not waive the prepayment penalty if the Town entered into an agreement with another bank. He stated that if the Town entered into an agreement with RBC Centura Bank, the process would have to go through the Local Government Commission. He went on to give a short overview of the loan analysis to Council and the audience. He recommended that the Town remain with BB&T.
Mayor Pro Tempore Thibodeau stated that she supported Town Manager Layton’s recommendation. She asked if the payments increased because of a partial year. Town Manager Layton stated that upon agreeing to the new contract modification, LGC requires the Town to pay the per diem interest through the closing date. He stated that the figures reflected the estimated difference with regard to the closing dates.
Mayor Pro Tempore Thibodeau moved to adopt Resolution 07-15 as presented.
Mayor Morrison clarified that the Council was discussing the loan that was obtained to purchase the ten (10) acre parcel of park property from Food Lion. He commended Town Manager Layton for his hard work in negotiating the lower rate.
Motion carried 5-0.
Budget Amendment
Mayor Morrison stated that the budget amendment needed to be approved.
Town Manager Layton stated that the amendment appropriated $434,310.
Mayor Pro Tempore Thibodeau moved to approve the budget amendment as presented.
Motion carried 5-0.
NEW BUSINESS
Appointment of Two Council Members to Serve as Check Signatories
Mayor Morrison stated that in the past year, he and Mayor Pro Tempore Thibodeau have been the two (2) check signatories. He thought there was no reason to change.
Mayor Morrison moved to appoint Mayor Pro Tempore Thibodeau and himself as check signatories for the Town.
Motion carried 5-0.
Discussion of the January Council Retreat
Town Manager Layton stated that each year, a Council Retreat is held to help plan out priorities for the upcoming year. He stated that it is typically held in January each year around the mid month meeting at the Sanderling Inn. He stated that if Council wished to continue with having an annual Retreat, a date would need to be established for it. He recommended a time limit be set for Council to bring items forward for the agenda that they would want to discuss.
Mayor Morrison stated he would be away the last two (2) weeks of January. Councilor Caviness clarified that Mayor Morrison would be away around the time of the mid month meeting. Mayor Morrison stated he would be away from January 22 – 25 and then January 29 – February 1. He stated that the week of January 14 – 18 would work for him.
Councilor Caviness stated she would prefer the Retreat to be around when Council has their normal mid month meeting.
Mayor Pro Tempore Thibodeau asked if January 17 or 18 would work. Mayor Morrison and Councilor Caviness felt it should be held on January 16 or 17.
Councilor Smith thought January 16 or 17 was fine.
Councilor Wessel asked if Town staff had the Martin Luther King, Jr. holiday off. Councilor Caviness stated they did not. Councilor Wessel stated that it was day he did not have to go to Elizabeth City. Mayor Pro Tempore Thibodeau asked what day that was. Councilor Wessel stated it was Monday, January 21. Mayor Morrison asked if Town offices were closed that day. Town Manager Layton stated they weren’t. Mayor Morrison stated that January 21 would not work for him.
Mayor Morrison asked if any Council members had a problem with January 16 and 17 or January 17 and 18. Mayor Pro Tempore Thibodeau stated that the earliest she could attend would be January 16 as she will be out of town. She stated that if the 17 and 18 was not a problem for the other Council members, she would like to have it then. Councilor Caviness stated that January 17 would be a conflict for her as the Tourism Bureau meets on that date. She stated she would still prefer the Retreat to stay in the third week of the month.
Mayor Pro Tempore Thibodeau asked if the Retreat would be two (2) days again. She asked if staff was planning to do presentations. Town Manager Layton stated that staff could give enough presentations to fill up two (2) days, if needed. Mayor Pro Tempore Thibodeau clarified that Councilor Caviness would not be able to attend on January 17. Councilor Caviness stated that the morning of January 17 was a conflict due to the Tourism Board meeting. She stated that she could still come if need be.
Mayor Morrison wondered if the Retreat could be done in one (1) day. Town Manager Layton stated that it could be done in one (1) day but it would hinge on the number of items Council wished to discuss. Councilor Caviness thought it would be too difficult to do it in one day.
Councilor Smith liked how the Retreat was last year as it wasn’t rushed. Town Manager Layton suggested setting aside two (2) full days but only using a day and a half, which was done last year. He suggested all day January 16 and the afternoon of January 17. Councilor Caviness stated that it would work for her.
Mayor Pro Tempore Thibodeau clarified that it would be all day on January 16 and the afternoon of January 17. Town Manager Layton stated she was correct.
Councilor Wessel asked if the Sanderling was flexible in terms of space. Town Manager Layton stated they were.
It was consensus of Council to hold the Retreat on Wednesday, January 16 at 9:00 a.m. and Thursday, January 17 at 12:00 noon. Town Manager Layton stated that Thursday would start off with lunch with the Retreat convening at 12:30 p.m.
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
First Sergeant Jeff Ackerman was recognized to speak. First Sergeant Ackerman gave a brief overview of the past month’s activities to Council and the audience.
Fire Chief Donna Black was recognized to speak. Fire Chief Black gave a brief overview of the past month’s activities to Council and the audience.
Director Garman gave a brief overview on the building permit activities to Council and the audience.
Update on the Implementation of the Municipal Property Master Plan
Town Manager Layton stated that the gazebo/stage and picnic shelter are under construction. He stated that the structures on both sides have begun with the concrete being poured. He added that the roof trusses for the picnic shelter have started to go up. He anticipated having the framing done for both structures by the end of the week. He stated that the Town did receive its CAMA modification permit with Sampson Marine Construction finishing up the pier and boardwalk by the end of the year. He stated that the accelerator on the playground equipment has been repaired.
Update on NC 12/Tuckahoe Stormwater Improvements
Town Manager Layton stated he wanted to give a brief overview on the preferred alternative of the Tuckahoe stormwater improvements. He went on to give a short presentation to Council and the audience.
Councilor Caviness asked if the stormwater inlets would be under the existing Duck Trail. Town Manager Layton stated they would and would be in the NCDOT right-of-way.
Town Manager Layton stated that the plans were on the Town’s website for people to review. He added that he would be contacting the Tuckahoe Homeowner Association to inform them of the plans and what will be happening as well as setting up a meeting to go over the plans.
Councilor Smith asked what the $112,000 cost was for. Town Manager Layton stated it was to put down temporary asphalt. Town Manager Layton stated that the cost estimates for the project would be refined. He stated that the final documents would be broken out more.
Councilor Caviness asked if the construction would start after the Columbus Day weekend. Town Manager Layton stated that the infiltration units would be installed first, which would not have any effect on traffic. He stated that NCDOT was sensitive to the Columbus Day and Thanksgiving holidays.
Mayor Pro Tempore Thibodeau thanked Town Manager Layton for the effort he put into the overview. She thought something could be done ahead of time about the October timetable to let people know of possible traffic issues. Town Manager Layton agreed. He stated that a PR campaign would be done to get the word out to the public. Councilor Caviness thought the Corolla businesses and the contractors would need to be made aware of the timetable since they are the most vocal when a traffic issue arises. Town Manager Layton agreed. Mayor Pro Tempore Thibodeau suggested having the PR campaign start during the summer to help get the word out.
Town Manager Layton thought it would be a very good project. He stated that it will be interesting to see how effective the application will be as it will present a compelling method to deal with some of the issues.
Councilor Wessel asked what the width of the temporary southbound right-of-way would be. Town Manager Layton stated it varied but was more than ten (10) feet. He stated that there would be some issues that could develop such as the Town’s pumping station. He stated that the benefit of doing the work on the southbound side was that no utility poles would need to be moved.
Financial Statement for the Month of November 2007
Town Manager Layton reviewed the financial statements with Council and the audience.
MAYOR’S AGENDA
Mayor Morrison stated he did not have anything to report.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau stated that she attended the DCBA annual meeting over the Thanksgiving holiday. She stated that Public Relations Coordinator Kathy McCullough-Testa had also attended to report on the Jazz Festival and discuss upcoming events. She stated it was a good meeting and she was able to give a good synopsis of what was going on with the Town. She stated there was an interest in having an outreach that could be held in the spring where staff could be available to meet with out of town homeowners. She stated that the DCBA would like to have something like that on an annual basis, possibly in the fall. Town Manager Layton added that the DCBA committed to a $5,000 sponsorship for the 2008 Jazz Festival.
Councilor Caviness stated that the Advice 5k Turkey Trot was held on Thanksgiving Day. She stated that there were a record setting number of finishers. She stated that there was an unprecedented amount of generosity on the part of the business community. She added that she had extraordinary assistance from the Police and Fire Departments as well as Mirek Dabrowski of Ocean Rescue. She stated that because the Town has consistently helped the race each year, it made a $1,000 contribution to public safety for the purchase of traffic cones and barriers that could be used at other public-type events. She thanked the Town for its continued support.
Councilor Smith welcomed Councilor Wessel. He stated that he looked forward to working with him and would miss Denver Lindley.
Councilor Wessel thanked Councilor Smith for the public welcome. He asked if he could be the Council Liaison for the Planning Board to replace Denver’s spot. Mayor Morrison thanked Councilor Wessel for volunteering to serve on behalf of Council.
OTHER BUSINESS
Mayor Morrison stated that the next meeting would be Wednesday, January 2, 2008 at 7:00 p.m.
There being no further business to discuss, Mayor Morrison moved to adjourn the meeting.
Motion carried 5-0.
The time was 8:45 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: January 2, 2008
_______________________________
/s/ Neil Morrison, Mayor