TOWN OF DUCK
TOWN COUNCIL
REGULAR MID MONTH MEETING
April 23, 2008
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 1:00 p.m. on Wednesday, April 23, 2008.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Bart Smith; and Councilor Dave Wessel.
COUNCIL MEMBERS ABSENT: None.
OTHERS PRESENT: Town Manager Christopher J. Layton; Town Attorney Donald I. McRee, Jr.; Director of Community Development Andy Garman; Deputy Fire Chief William Walker; Police Chief Phillip Ferguson; Public Relations Coordinator Kathy McCullough-Testa; Building Inspector Cory Tate; and Town Clerk Lori Kopec.
ABSENT: Fire Chief Donna Black.
Mayor Morrison called the meeting to order at 1:04 p.m. He stated that the mid month meeting was a work session, which was less formal than Council’s regular meeting.
George Keefe of the Duck Community and Business Alliance was recognized to speak. Mr. Keefe commended Council on the Town Park and suggested having signs put up to recognize the major trees. He further suggested that the wind and wave blown debris be removed carefully from the sound side.
PRESENTATION/DISCUSSION OF ISSUES RELATED TO CHANNEL 20
Bobby Outten of Dare County was recognized to speak. Mr. Outten stated that up until 2007 all local governments had a franchise agreement with their local cable company, where they could obtain franchise fees. He stated that the legislature at their last session took the franchise authority away from all local governments in North Carolina. He stated that the legislature created a pool to be divided among the local governments that had public education and government channels. He noted that Dare County has two (2) channels – Channel 19 and Channel 20. He pointed out that each municipality budgets approximately $1,000 per year for the public education and government channels. He stated that the budget was very small without any staff and minimal equipment. He stated that the Government Access Committee has met and was recommending that all local governments pool the funds into a public education and government channel. He stated it would allow the Government Access Committee to hire staff or buy equipment.
Bobby Outten stated that the Channel 20 committee felt the school board should have a seat at the table in making decisions on how to use the money as well as to set the priorities on how the money would be spent. He stated he wanted to get an idea from Council on whether it was the appropriate direction to go – to pool the money for the benefit of everyone and to add a seat at the table for the Board of Education for the future decision making and prioritization of the funds. He stated that if it was Council’s direction, he would develop a memorandum of understanding with the Town attorney and bring it back for approval. He stated that if Council did not wish to pursue that direction, he would like to know in order to draft the memorandum of understanding.
Councilor Smith stated that the Committee had discussed it at many meetings and had members of the school board attend one of the meetings. He stated that the potential was very exciting as it will allow the public education and government channel to do things that were impossible with the previous budget. He stated that the Committee felt it was fair to bring in a member from the school board as half of the funds were derived from Channel 19. He added that the Board of Education was excited about the idea. Bobby Outten noted that the pool of money was promised as a recurring fund.
Mayor Pro Tempore Thibodeau asked if the proposed staff would be a County employee. Bobby Outten stated it would be decided by the Channel 20 committee.
Town Manager Layton noted that this would be a win-win for the Town as Duck never received any franchise fees in the past due to the timing of the incorporation.
Councilor Wessel clarified that the current Channel 20 committee consisted of the six (6) towns and Dare County. He asked if the College of the Albemarle was represented. Bobby Outten stated that the College was not. Councilor Wessel suggested offering the College the option of nonvoting participation at the table. Mr. Outten thought that the committee could have the College included.
Councilor Smith thought the College and CSI would have a contact that would deal with the school board representative and they would work with the school board more than the Channel 20 committee. Mr. Outten stated that some entities were sharing the channels without any issues.
Mayor Morrison thought that Channel 20 had a tremendous potential for the future but lacked the funds to do anything. Councilor Smith agreed.
It was consensus of the Council to move ahead and recommend building the funds and allowing the Board of Education to have a seat at the table.
PRESENTATION OF TOWN HALL/COMMUNITY FACILITY CONCEPT
Mayor Morrison stated that Barry Moss of Tymoff & Moss Architects would be giving a presentation to Council and the audience.
Town Manager Layton stated that Council was at a crossroads. He stated that after listening to all of the comments regarding the Town Hall concepts, he thought a very good plan was coming forward that would meet all of the goals the Town wanted to obtain. He cautioned Council and the audience that the concepts were still at the conceptual level with the next phase after the presentation being whether or not the Town was going in the right direction and if staff could continue to work with what would be presented to flesh out the details so that in 2009 Council would be finalizing plans to begin construction for Fiscal Year 2010.
Chris Dewitt of Vanasse, Hangen, Brustlin, Inc. was recognized to speak. Mr. Dewitt stated that he as well as Barry Moss had been working with the Municipal Property Committee to address the idea of how a Town Hall/community building would fit in with the park. He stated that Barry Moss would focus on how the building would connect to the existing uses and would complement what is presently at the park both functionally and aesthetically. He stated that they focused on meeting the problematic needs for a Town Hall/community building by coming up with more than one (1) structure that could be grouped with the existing uses to form a cohesive grouping and building complex that complements what is present at the park. He stated that they came across some design standards and guidelines that addressed local architectural features such as the Caffey’s Inlet Lifesaving Station. He stated that it would be a handful of buildings of varying sizes that could be seen as a unified whole, but would break up the massing. He stated that the grouping of buildings was something the Municipal Property Committee really liked and felt it would offer potential to meet the Town’s needs.
Barry Moss of Tymoff & Moss Architects was recognized to speak. Mr. Moss went on to give a short presentation on the latest Town Hall/community facility concept to Council and the audience.
Mayor Pro Tempore Thibodeau asked what the purpose would be for the fence between the community room and gazebo. Barry Moss stated it would be decorative, but it could be put anywhere on the site as a nice detail.
Councilor Smith noted that the Town of Kill Devil Hills has windows in their Council chambers that face the Wright Brothers Monument. He thought the Council chambers for Duck had a good potential for views of the Currituck Sound. Town Manager Layton stated that the concept was more of an exercise to see if everything would fit in. Barry Moss pointed out that the room could be designed so that the furniture could be rearranged as Council saw fit.
Director Garman asked if the porches were twelve (12) feet deep. Barry Moss stated they were. Town Manager Layton stated that the porches on both buildings extended the useable space and would be wide enough to accommodate picnic tables and pedestrian traffic.
Councilor Caviness stated that she liked the new concept a lot. She stated that there was a lot of potential for the community facility building. She thought it was an important value for Duck. Town Manager Layton pointed out that once the amphitheater is put in, it would create a synergy of uses with the buildings and features. Councilor Caviness asked what the orientation of the seating would be for the amphitheater. Town Manager Layton stated that it was still in the design process. Barry Moss stated that Council was creating a very nice place.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano stated he liked the concept. He asked what the size would be for the community building as well as how many people it would accommodate. Barry Moss stated it would be approximately 1,700 square feet. Town Manager Layton thought it was 1,500 square feet just for the community room. Mr. Forlano pointed out that the more buildings on the site, the more roofline. He asked if the number of buildings would affect the Town’s budget. Mr. Moss stated it would increase the cost per square foot. Mr. Forlano asked if the energy efficiency and sustainable usage had been addressed. Mr. Moss stated that they have just begun discussions. Town Manager Layton stated that the orientation of the porches lent themselves to cooling features as well as natural light features with the towers. Mr. Moss felt that everyone needed to think about designing the building as a green one.
Lynne Alterman of 100 Ocean Crest Way was recognized to speak. Ms. Alterman asked if the cisterns would be for decorative purposes or if they would actually be utilized. Barry Moss stated they could be to collect rainwater for irrigation. Town Manager Layton stated they would be utilized.
Joe Blakaitis of 115 Sandpiper Cove was recognized to speak. Mr. Blakaitis felt that Barry Moss got it right and recommended that Council proceed with the design. He added that he thought the towers were too big and out of proportion to the buildings. He suggested they be shorter and smaller. Barry Moss agreed. Lynne Alterman reminded Council and the audience that the gazebo had a small tower on it. Joe Blakaitis stated he had never noticed one on the gazebo. Ms. Alterman asked if the exterior finishes would coordinate with what was already on the site. Mr. Moss stated that they would.
Paul Keller of 125 Wiroans Court was recognized to speak. Mr. Keller stated that a few months ago, he could not visualize how wonderful the concept would be. He stated that Barry Moss had come up with a fantastic concept. Town Manager Layton stated that the Town meeting building would be higher in elevation than the picnic shelter to offer better views of the Currituck Sound.
Mayor Morrison asked if the Administrative Offices would have a window for each office. Barry Moss stated they would.
Councilor Caviness asked what the square footage would be for the first floor public display area. Town Manager Layton stated it would be approximately 800 square feet.
Mayor Morrison pointed out that since the meeting room building will be on higher ground, the tower would be unnecessary. He thought only one (1) tower could be used. Town Manager Layton stated that future concepts could show the building without the tower. Mayor Morrison stated he loved the idea of having the building as a multi-purpose one. He stated that he loved the design and how it fit onto the property and into the landscaping. Barry Moss reminded Council and the audience that the concept was still preliminary. He added that there will be a few changes such as removing and relocating some trees and the accessibility issue. Town Manager Layton pointed out that the two (2) fig trees on the property will have to be relocated and the two (2) mature trees will work in with the concept.
George Keefe asked if there was a willingness to accept exceeding thirty-five (35) feet for building height. Town Manager Layton stated it would have to go before the Board of Adjustment as there was a provision in the ordinances for commercial buildings to allow the height to be exceeded. He reminded Council and the audience that the thirty-five (35) foot height limit was for residential buildings and that the Town Hall would be a commercial building. Barry Moss pointed out that the peak of the Administrative Offices roof was thirty-five (35) feet from the ground. Director Garman added that height was measured from the center of the slab.
Councilor Wessel asked if the ordinance allowed towers to be higher than the height limit. Director Garman stated that the provision specifically was designed for buildings with towers. He stated that it would still have to go before the Board of Adjustment so they can consider it on a case by case basis. He stated that there was a blanket five (5) feet exemption for residential buildings. Building Inspector Cory Tate added that the feature could not exceed sixty-four (64) square feet and could only be an architectural feature.
John Fricker of 105 Carrol Drive was recognized to speak. Mr. Fricker thought the meeting room could have a view problem as the view to the Currituck Sound would be blocked by the picnic shelter. Barry Moss thought it may eclipse the view somewhat. Town Manager Layton pointed out that the terrain was slightly higher. Mr. Fricker thought the whole view would be of the picnic shelter roof. Mr. Moss thought it was a good point and thought they could look at where the buildings could be located to preserve views. Town Manager Layton agreed. Joe Blakaitis asked how tall the picnic shelter was. Barry Moss stated he wasn’t sure.
Mayor Pro Tempore Thibodeau stated that she liked the connectivity of the buildings to the park. She asked if the Administrative Offices building would be approximately 6,000 square feet. Barry Moss stated she was correct. Town Manager Layton stated that the footprint was 6,000 square feet. Mr. Moss stated the whole building would be approximately 8,000 square feet. Mayor Pro Tempore Thibodeau asked if it included the decks. Mr. Moss stated it did not. Mayor Pro Tempore Thibodeau asked if the ground level bathrooms would be the only ones in the building. Mr. Moss stated that a one (1) stall bathroom would be put in on the second floor. Mayor Pro Tempore Thibodeau asked if the building would have a staff person on the first floor. Mr. Moss stated that all staff would be located on the second floor. Town Manager Layton stated that there would be plenty of room for staff on the second floor. Mr. Moss suggested putting in a door on the first floor that would be marked private or public. Mayor Pro Tempore Thibodeau asked if there would be an intercom system on the first floor to alert staff that citizens were in the building. Town Manager Layton stated that there would be a sign on the first floor directing citizens to come to the second floor to greet the receptionist.
Councilor Wessel clarified that there would be six (6) offices on the second floor. Town Manager Layton stated he was correct. Councilor Wessel asked how many conference rooms would be on the second floor. Barry Moss stated there would be one (1) conference room, a receptionist area, six (6) offices, and a file storage room. He suggested that Council consider having a light well in the second floor reception area that would be open to the lower floor. Councilor Caviness thought it was a great idea.
Councilor Caviness asked if there had been any consideration of space inside the office building for public safety. Town Manager Layton stated there had not.
Councilor Wessel stated that this presentation was more exciting than the previous ones. Mayor Morrison thought Barry Moss had done a great job and congratulated him. Barry Moss commended everyone and added that this was the type of process that needed to be done. Mayor Morrison agreed. Town Manager Layton stated that he, Chris Dewitt and Barry Moss would come up with a game plan for fleshing out the details for the next discussion.
Mayor Morrison called for a five (5) minutes recess. The time was 2:16 p.m.
Mayor Morrison reconvened the meeting.
INTRODUCTION OF PROPOSED FY 2009 BUDGET
Mayor Morrison recognized Town Manager Layton.
Town Manager Layton gave a fantastic presentation on the proposed Fiscal Year 2009 Budget to Council and the audience. He recommended the ad valorem tax rate be increased from 9 to 11¾ cents per $100 of assessed value.
Councilor Caviness asked if the budget numbers were assuming that no other municipality was changing their ad valorem taxes. Town Manager Layton stated that presently, no other municipality was changing.
Mayor Morrison asked if the Town did have a tax increase, what the dollar amount would be for the shared revenue increase. Town Manager Layton stated it would be approximately $275,000 for occupancy, $260,000 for sales and $45,000 for land transfer tax when compared to what was budgeted in the Fiscal Year 2008 budget.
Councilor Wessel asked if Town Manager Layton was factoring no other town planning an ad valorem increase. Town Manager Layton stated he was correct.
Councilor Caviness asked when the next property reassessment would be scheduled. Director Garman stated it was in 2010. Paul Keller stated it used to be every eight (8) years but was changed to every five (5) years.
Town Manager Layton went on to hand out copies of the proposed budget to Council and reviewed it with them. He added that work sessions would need to be established.
Mayor Pro Tempore Thibodeau thanked Town Manager Layton for his presentation.
Councilor Caviness asked for an explanation on Appendix B. Town Manager Layton stated it was a statement of estimated debt for the Town, forecasted out to 2025.
Councilor Wessel asked if Town Manager Layton was proposing to eliminate the park maintenance person position. Town Manager Layton stated that the Town presently had a contract for a limited amount of maintenance at the park. He stated that he wanted to supplement that. Councilor Wessel clarified that Town Manager Layton was going to defer hiring an employee for that position for about three (3) years. Town Manager Layton stated he was correct.
Mayor Morrison asked when the budget work sessions would begin. He asked if it would be held at the normal mid month meeting in May. Town Manager Layton stated that they were typically done at the May mid month meeting and then Council could decide if more were needed. He stated that a public hearing was typically held in June for the adoption of the budget. Mayor Morrison stated that Council would hold their first budget work session on May 21, 2008 at 1:00 p.m.
Mayor Pro Tempore Thibodeau encouraged the audience to give comments to Council regarding the budget. Councilor Caviness suggested the comments be given before the May 21, 2008 meeting.
Councilor Wessel reminded the audience that early voting was open at the Baum Center in Kill Devil Hills.
Mayor Morrison stated that the next meeting would be the regular meeting on Wednesday, May 7, 2008 at 7:00 p.m.
Mayor Morrison moved to adjourn the meeting.
Motion carried 5-0. The time was 3:31 p.m.
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/s/ Lori A. Kopec, Town Clerk
Approved: May 7, 2008
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/s/ Neil Morrison, Mayor