TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
March 1, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, March 1, 2006.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Denver Lindley, Jr.; and Councilor Bart Smith.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton, Planning Director Suzanne Cotellessa; Town Attorney Donald I. McRee, Jr.; Police Chief Dale Hamilton; Deputy Fire Chief Donna Black; Public Relations Coordinator Kathy McCullough-Testa; and Deputy Town Clerk Lori Kopec.
ABSENT: None.
Mayor Morrison called the meeting to order at 7:00 p.m. Mayor Morrison asked Councilor Lindley to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
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.
Town Manager Christopher Layton was recognized to speak. Town Manager Layton introduced Carl Stenberg. Town Manager Layton stated that Mr. Stenberg is an owner of Duck and works for the School of Government, which was conducting the Essentials of Municipal Government in Nags Head; of which all of Council was attending.
Mayor Morrison and Council welcomed Mr. Stenberg to the Town.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the January 18, 2006 Retreat and the February 1, 2006 regular meeting. Mayor Morrison directed Council to review the minutes from the January 18, 2006 Retreat for changes.
Councilor Lindley moved to approve the January 18, 2006 minutes as presented.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the February 1, 2006 meeting for changes.
Councilor Lindley asked that the Town’s Vision Statement be added to the minutes.
Councilor Caviness moved to approve the February 1, 2006 minutes as amended.
Motion carried 5-0.
PRESENTATION OF FY 2005 AUDIT
Town Manager Layton introduced Lisa Murphy from Johnson, Burgess, Mizelle and Straub to Council and the audience. He stated that Ms. Murphy has been the Town’s auditor for the past three years and he looks forward to working with her in the coming year.
Lisa Murphy went on to give an overview of the Town’s Financial Statements for the year ended June 30, 2005 to Council and the audience.
Mayor Pro Tempore Thibodeau asked why the installment purchase of the Municipal Property was referred to as a lease. Ms. Murphy stated that it is not a lease but an installment purchase, but is somewhat considered a lease. She stated that the way it is structured at the Local Government Commission, installment purchases are not allowed and are therefore referred to as leases.
Mayor Morrison thanked Lisa Murphy for her presentation.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Presentation of NC 12 Drainage Study
Chris Dewitt of VHB, Inc. was recognized to speak. Mr. Dewitt gave a short presentation to Council and the audience on the NC 12 drainage study.
Town Manager Layton stated that Council had Resolution 06-04 at their seats, which was a resolution requesting State assistance for stormwater improvements along NC 12. He asked that at the end of Mr. Dewitt’s presentation, Council consider adopting the resolution.
Mayor Pro Tempore Thibodeau asked if Tuckahoe mitigated their runoff, would it still be a $700,000 project and would it reduce the amount of water runoff. Chris Dewitt stated that in looking for a permanent solution, internal improvements were assumed. Mayor Pro Tempore Thibodeau asked how long the road elevation would run. Mr. Dewitt stated it would be from Bias Shores to Sea Hawk. He stated that a map would be available shortly.
Councilor Smith asked how high the road would have to be raised to put a culvert system in at the Tuckahoe subdivision. Chris Dewitt stated that it would be approximately two (2) feet.
Councilor Caviness asked if the engineering plan of raising the road is the solution if the water does not get displaced beyond Tuckahoe and before Bias Shores. Chris Dewitt stated that the road would have to be raised to accomplish that task.
Mayor Pro Tempore Thibodeau asked if the Town of Southern Shores is doing a similar resolution. Chris Dewitt stated he was not sure if they have or not, but that the Department of Transportation is working on a solution in front of Southern Shores Realty with them.
Town Manager Layton stated that the intent of the resolution is to adopt it, talk to Norma Mills about it and discuss it with Stan White and Senator Marc Basnight regarding the project.
Councilor Caviness stated that it seems to her that the Sanderling has the means to solve the problem, but it doesn’t seem to be working. Chris Dewitt stated that she was correct and that it was part maintenance and part expansion of existing structures. Councilor Caviness asked who was responsible for the maintenance. Mr. Dewitt stated that most of it was NC Department of Transportation’s responsibility, but more than likely, Sanderling is responsible as well.
Mayor Pro Tempore Thibodeau asked if the pump system is in place anywhere else than at Sound Sea Village, where water is pumped to the Sound. Chris Dewitt stated that water would not be pumped to the Sound. He stated it was analyzed as an alternative. He suggested that the swale on the opposite side of the road be looked at and analyze the potential to handle the water.
Mayor Morrison called a five minute recess. The time was 7:50 p.m.
Mayor Morrison reconvened the meeting.
Mayor Pro Tempore Thibodeau suggested adding the word “critical” to the final paragraph of the resolution.
Councilor Lindley suggested adding “…to secure as expeditiously as possible…” as well as “…to alleviate this critical safety issue…”. Mayor Pro Tempore Thibodeau agreed.
Mayor Pro Tempore Thibodeau moved to adopt Resolution 06-04, a Resolution of the Town Council of the Town of Duck, North Carolina, requesting State assistance for stormwater improvements along NC 12 with the added language in the final paragraph.
Motion approved 5-0.
Discussion/Consideration of Items to be Referred to the Planning Board
Mayor Morrison stated that Council previously discussed certain items at the Retreat, such as event houses, house size and lot coverage and were asked to take some time to think about the items and come back prepared for a discussion. He stated he would like to discuss the sign special exception amendment first.
Planning Director Sue Cotellessa was recognized to speak. Planning Director Cotellessa stated that from a staff perspective, whenever issues of enforcement or administration come up, she tries to have it brought before Council. She stated that one of the issues staff has been dealing with is an error in building location related to signs. She stated that there are existing signs that are trying to come into conformance with the Town’s current regulations but a few are in limbo as they are too close to the setbacks. She recommended referring to the Planning Board a consideration of a simple amendment to Section 24.2 that would make it applicable to signs. She stated that a new regulation in regard to sign special exceptions is also needed to be referred to the Planning Board in Section 44(f)(7).
Mayor Pro Tempore Thibodeau asked if someone wanted to have the special exception, the mechanism for the approval would be a conditional use permit. Planning Director Cotellessa stated that she was correct. Mayor Pro Tempore Thibodeau asked if it would come before the Planning Board first and then Council. Planning Director Cotellessa stated that she was correct.
Mayor Morrison asked if a motion was needed to refer the item to the Planning Board. Town Manager Layton suggested finishing the discussion on the other items and then making one motion on all of it.
Mayor Morrison asked Council for their comments on event houses. He stated that the question was if the Town should some way regulate event houses.
Town Manager Layton stated that at the Retreat, it was decided that Council would discuss this item to provide some direction to the Planning Board as they consider it.
Councilor Lindley asked if wedding houses would be included in event houses. Planning Director Cotellessa stated that the Town received a letter from the Outer Banks Wedding Association, who were also in the audience. She stated that they have offered their assistance in reviewing the issue and identifying some fact finding. She stated that they are interested in finding ways to deal with the wedding houses.
Mayor Pro Tempore Thibodeau pointed out that at the Retreat a representative from Sun Realty had stated that property managers from the Outer Banks Association of Realtors would also be interested in working with the Planning Board. She stated that logging in and being aware of the wedding events would go a long way towards public safety and identifying the parking issues. She stated she would welcome the information sharing and would not want the Town to be heavy handed with restrictions.
Councilor Lindley suggested contacting the Health Department regarding the septic capacity of the homes.
Councilor Caviness pointed out that there was concern at the Retreat over fire safety. She stated that there needs to be a party that will be held accountable for the house. Mayor Pro Tempore Thibodeau pointed out that while fire safety is a concern, they are residential homes and do not have to meet any extraordinary fire safety regulations. However, something can be posted at the houses in regard to fire safety. She hoped the Planning Board would be able to give some ideas for the Town to follow to allow weddings to take place in Town.
Councilor Lindley stated there should be a record of flagrant violations over a period of time. He felt the Town should know about it and be able to react to it.
Councilor Smith stated that a permit process was mentioned at the Retreat. He stated that it could be if the house is to hold a wedding during the course of a year, it would have to be a permitted location and if there are repeated violations, the house would lose its permit. He stated that any event function held at the house after losing the permit would have penalties assessed. He stated that parking is an issue with the events houses, especially when there is an emergency on the same street as the house.
Mayor Pro Tempore Thibodeau asked if private homeowners who wished to hold a party be required to have a permit. Councilor Smith stated that the homes that are causing the issue are not the ones having an occasional party; it is the homes that are built specifically for hosting large events.
Councilor Caviness stated that there could be ten (10) rental homes on a street and one (1) of those ten becomes an event house. She stated that there could be a week where all ten houses would be noisy, which could happen. But with an event house, it creates a new level of nuisance. She stated that she appreciates the value and monetary benefits to the Outer Banks because of the wedding industry, she stated that it can’t be forgotten that other people are being negatively impacted by these houses.
Councilor Smith agreed with Councilor Caviness’ comments. He stated that the Outer Banks has changed over the years. He stated that it is hard for a large group of people to be quiet in one house and that there will be a certain level of noise, but Council needs to address the people that are loud for several days. He stated that he didn’t want the tone to be that people couldn’t come to Duck and have fun, but it should be done so that those that want peace and quiet could have it.
Councilor Caviness felt it was worthwhile to investigate the houses that were built to accommodate twenty (20) people that are now holding one hundred and twenty (120) every other week. She stated that impacts should be evaluated.
Councilor Smith stated that he couldn’t imagine the people that own the large homes knowing that their house has turned into an event house. Mayor Pro Tempore Thibodeau stated that she does not market her houses as event houses. She felt that homeowners would welcome the additional revenue. Councilor Smith agreed that homeowners would welcome the additional revenue. But that they would also welcome what the Town is trying to do if they never intended for their home to be an event house. Mayor Pro Tempore Thibodeau stated that there are homeowners that want their homes to be event homes. She stated that her company limits the occupancy to fifty (50) people due to the impacts.
Mayor Morrison stated that Council appreciated the wedding industry representatives attending the meeting and as Council proceeds with the matter as well as if it is turned over to the Planning Board, there will be a public hearing at some point where they would be able to express their views on the subject.
Mayor Morrison stated that there have been recent examples of large homes being built in Town that meet the requirements of the zoning ordinance. He stated that a few years ago, the Town tried to restrict the size of the homes in Duck by limiting the number of bedrooms based on lot size. He stated that it has not worked very well and needs to be addressed. Mayor Morrison asked Council for their comments on house size and lot coverage.
Councilor Lindley stated that it should be listed what shouldn’t be counted against lot coverage and have the Planning Board review the list closely to try to control house size.
Mayor Pro Tempore Thibodeau stated that there is a balance between what Council has asked the Planning Board to look at. She stated that by asking the Planning Board to include deck size in the lot coverage, it will cause homeowners to remove their decks. She stated the homeowners would rather have as much living space instead of decks. She stated that anything Council changes, the homeowners will try to find a way around it to maximize the value of their properties. She asked if a homeowner wishes to renovate more than fifty percent (50%) of their structure, they would have to abide by the new code. Planning Director Cotellessa stated that she was correct with respect to FEMA regulations, flood zone regulations and building permit regulations. She stated that the Town now allows homeowners to put additions that meet the setback on a house, which may be more than fifty percent (50%) of the value of the house as long as the addition meets the setback.
Mayor Pro Tempore Thibodeau pointed out that both Council and the Planning Board have spent a lot of time with converting from Dare County zoning to Town zoning. She thought that everyone was satisfied with everything. She asked if the houses are bigger now because of the driveways. Planning Director Cotellessa stated that there were a handful of things that have contributed to increased lot size, such as increased cost of lots that homeowners are maximizing their investment. She stated that what is in the houses has evolved to include additional space that wasn’t previously in the homes such as theater rooms, extra studies and libraries and extra recreation space. She stated that what was included in lot coverage was very clear as decks and driveways are not included in the Town’s definition of lot coverage. She stated that originally gravel driveways were encouraged from an environmental point of view. She stated that that lot coverage has been taken up in other areas. In regard to ocean front and sound front homes, the Town takes real measures of lot coverages as well as how big a house can be put on a lot. Most jurisdictions measure it from the first line of stable natural vegetation. The Town has based lot coverage capability on the entire lot, which includes actually going into the water. She stated there has been much discussion about limiting the size of houses based on lot surveys, public input, goals and objectives of the Town’s comprehensive plans to maintain a small village atmosphere. She stated that the Town limits the number of bedrooms based on lot size, so the biggest number of bedrooms would be eight (8). She stated that the Town did not specify a limitation on the number of occupants. She stated that she is now seeing a six (6) bedroom house sleeping fourteen (14) instead of twelve (12); or an eight (8) bedroom house not sleeping sixteen (16), but eighteen (18) or twenty (20). She stated that the regulations are not accomplishing limiting the number of bedrooms and lot coverage. She thought the principal issues were decks and driveways. She stated that all of the other jurisdictions are including driveways in the definition of lot coverage. She stated the Planning Board needs direction on where Council wants them to go with this. She stated that they will have to do some fact finding on what is happening, get the input from the constituencies, look at the Town’s current policies and regulations and then recommend changes that may be appropriate.
Councilor Smith suggested taking a different method than what the Town has done in the past and address why the lot coverage and large homes are an issue. He felt that before it gets sent to the Planning Board, Council should get to the bottom of what the Town is trying to achieve by limiting the size of homes and after that, the Town can adjust items to achieve the overall goal.
Mayor Pro Tempore Thibodeau stated that the Town has based parking on the occupancy and not on the number of bedrooms. She stated that the Town has addressed occupancy issue. She stated that she liked what Councilor Smith had commented on and felt that bigger homes are not necessarily a bad thing. She pointed out that private homeowners may have extra living space for a game room or theater room. She stated that this is a change in nature and that people want to have more enjoyment on their property.
Councilor Caviness pointed out that Mayor Pro Tempore Thibodeau’s comments were acknowledged when the Town’s first moratorium was put in place in that big homes aren’t bad. She felt that bigger houses were done out of a necessity for people to have more room with more amenities.
Mayor Pro Tempore Thibodeau asked how many new construction building permits have been issued in the past two (2) years. Planning Director Cotellessa stated that in a typical month, there could be forty to fifty (40-50) permits with approximately a dozen being new construction. Mayor Pro Tempore Thibodeau asked if all of the new construction homes are maximizing to the ultimate. Planning Director Cotellessa stated that the majority is at twenty-eight percent (28%) lot coverage or greater and not one has less than the maximum number of bedrooms permitted.
Councilor Lindley read the Town’s Vision Statement to Council and the audience. He stated that the Vision Statement is his idea of what he would like to see. He stated that he has lived up and down the Eastern Shore and the places that have maintained control over the pressure for expansion are the places that have maintained their value. He thought that the Council would want to have a serious discussion about the Vision Statement for the Town. He felt that Council has a chance to hang onto the spirit and character of the Town.
Councilor Smith pointed out that most of the people that complain about the larger homes have never seen the inside of them. He stated that the majority of people that complain are not upset about what’s inside, but with the visual exterior. He stated that the steps the Town takes need to focus on what is not liked about big homes and what is trying to be preserved and prevented.
Ron Forlano of the Planning Board was recognized to speak. Mr. Forlano stated that as chairman of the Planning Board, he knows this issue will be passed down to them. He stated that he has only heard a lot of ambiguity. He stated that Councilor Smith had a great idea, but didn’t think it was the Planning Board’s responsibility to set what the goal is for the Town. He stated that if there is a goal to control the size of a home, it has to come from Council and not the Planning Board. He suggested Council come up with a definition of what a big home is. He asked Council to give the Planning Board a little more direction.
Councilor Smith felt that Council should take on the responsibility of defining what a big home is.
Councilor Caviness stated that Council will need to ascertain what aspects are creating the reaction of people.
Mayor Pro Tempore Thibodeau suggested coming up with a list of all construction done since the Town started zoning, take pictures of them, have Council look at the homes and discuss them to pinpoint the issue. She stated that she would be interested to know how many homes are real issues.
Town Manager Layton stated that he and Mayor Morrison had discussed having a facilitated discussion to lend to a defining of the Vision Statement. He thought that Mayor Pro Tempore Thibodeau’s suggestion could be helpful, but thought there would need to be a step before it. He stated that if Council wants to go in the direction of limiting house size, they would need to start by focusing on whether the Vision Statement is one that Council wants. He didn’t think Council was at a point to send anything to the Planning Board on this issue. He suggested bringing in a mediator to facilitate a discussion to help focus on the more minute details.
Mayor Pro Tempore Thibodeau thought Town Manager Layton’s suggestion was a good idea. She read a portion of the Vision Statement and asked if anyone thought that Duck was not a vacation destination anymore. Councilor Smith felt that a family atmosphere could be defined as a group of twenty to thirty (20-30) people even if all members are related. He felt that for a place to be a family destination, it should be possible for a family to come, function and enjoy themselves while here. He felt that the homes that are housing a large number of people create an environment and atmosphere that is difficult for a family to come and enjoy themselves. Mayor Pro Tempore Thibodeau pointed out that occupancy in Duck is up every year and that people are obviously enjoying themselves and coming back each year. Councilor Smith stated that if something is not done, it could have negative effects in the coming years. He asked where Duck would be in ten to twenty (10-20) years from now. He felt that if the Town has a vision, it will keep Duck in existence as it is further down the road.
Mayor Morrison stated that the discussion would continue at a later date. He stated that Council is not ready to send this issue to the Planning Board just yet. He thought it would be good to have at the March mid month meeting. Town Manager Layton stated that there are still several planning issues that have to be dealt with. He stated that the March meeting agenda is full, but left it to Council if they wished to add the item. Mayor Morrison felt that Council should look at photographs of the larger homes and discuss them. Town Manager Layton didn’t think it was fair to put that burden on Mayor Pro Tempore Thibodeau. He felt it was more of a staff function but didn’t know if it could be done by the mid-month meeting. Mayor Pro Tempore Thibodeau offered to work with the staff on the photographs. Town Manager Layton suggested that staff take the photographs and go from there.
Councilor Caviness asked if a piece of the driveway going from concrete to something more permeable would not be included in lot coverage. Planning Director Cotellessa stated that the issue was a key one. She stated that if a homeowner is over their lot coverage, they would take out a piece of the concrete driveway and replace it with gravel. She stated that now, as much as possible of the driveway is being planned in advance to have gravel in order to accommodate the lot coverage.
Mayor Morrison stated that the discussion would be tabled to a later date.
Councilor Smith moved to forward the sign special exception to the Planning Board for their consideration.
Motion carried 5-0.
Mayor Pro Tempore Thibodeau moved to refer the event houses issue to the Planning Board for their consideration.
Motion carried 5-0.
NEW BUSINESS
Discussion/Consideration of Resolution 06-03, a Resolution Amending Resolution 05-03, a Resolution of the Town Council of the Town of Duck, North Carolina, Establishing a Committee to Plan for the 4th of July Parade
Town Manager Layton stated that last year a parade committee was established and six (6) people were named to the committee which was also referenced in Resolution 05-03. He stated that with the nature of the event, there are higher and lower level citizens that wish to participate. He hoped that the amended resolution would give a group of citizens that wish to participate, a chance to help plan the parade. He stated that the citizens would be volunteering their time to work out the details.
Mayor Morrison asked if Kathy McCullough-Testa would be heading the committee. Town Manager Layton stated he was correct.
Councilor Caviness moved to adopt Resolution 06-03 as presented.
Motion approved 5-0.
Town Manager Layton stated that because of the nature of the Arbor Day event, he had hoped to discuss it at the Retreat, however time ran out. He stated that due to the complexity of putting the events together, he asked Ms. McCullough-Testa to proceed with the events.
Kathy McCullough-Testa was recognized to speak. Ms. McCullough-Testa gave a short presentation on the Town’s Arbor Day activities to Council and the audience.
Mayor Morrison asked what day the activities would commence. Ms. McCullough-Testa stated it would happen on a Friday. Mayor Morrison asked if a rain date was planned. Ms. McCullough-Testa stated that there wasn’t.
Councilor Caviness asked if the tree planting would be at the park property. Ms. McCullough-Testa stated that she was correct. Councilor Caviness asked there were spots designated to plant the loblolly pines. Town Manager Layton stated that the oak tree on the deck would be planted at the park. Councilor Caviness asked if the loblollies would be for the attendees and if there was a fee. Ms. McCullough-Testa stated they would be for the attendees and would be at no charge.
Mayor Pro Tempore Thibodeau asked if the activities would be held in the bays at the Fire Department. Ms. McCullough-Testa stated that it would be held in the meeting room on the second floor. Mayor Pro Tempore Thibodeau asked if it would adequate since it is not handicap accessible. Town Manager Layton stated that he would try to get an idea on the number of attendees and if it is large enough, the activities could be held in one of the bays. Councilor Caviness stated that the last time there was a presentation on natural vegetation and dunes, it was standing room only. Town Manager Layton directed Ms. McCullough-Testa to prepare to have the activities in one of the bays at the fire department.
Councilor Lindley thought that the proclamation should underline the importance of vegetation to the community.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. He stated he did not have anything 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 building permit activity, fire department activity and police department activity to Council.
Update on Spring Bulk Trash Pick Up
Town Manager Layton stated the Spring bulk pickup has been scheduled for Friday, April 21, 2006 and would be advertised extensively.
Mayor Pro Tempore Thibodeau asked how homeowners are made aware of the bulk pickup schedule. Town Manager Layton stated that the Town runs ads in the local newspapers, sends emails to the subscriber list, homeowner associations and property managers as well as advertising it on the web site and on Cable Channel 20.
Update on Recycling
Town Manager Layton gave an update on the recycling program to Council and the audience.
Mayor Pro Tempore Thibodeau asked if further down the road, the Town would start saving money with solid waste and recycling. Town Manager Layton stated that the Town would.
Update on Municipal Property Master Plan
Chris Dewitt of VHB, Inc. gave an update on the Municipal Property Master Plan to Council and the audience.
Mayor Pro Tempore Thibodeau asked for an estimated timetable when the canoe and kayak launch would be opened. Chris Dewitt felt that if the construction can’t be built before the end of May 2006, it will have to wait until after the summer season. He thought that the entrance would be finished in time, but that would be barring any unforeseen problems. Town Manager Layton stated that once the entrance is done, the rest could be done during the summer as it won’t impede traffic.
Mayor Morrison thanked Chris Dewitt for his time.
Update on Outer Banks Transportation Task Force
Town Manager Layton gave a short update on the activities of the Outer Banks Transportation Task Force to Council and the audience.
Budget Amendments
Town Manager Layton stated that previously he had the Duck Trail Committee survey the Trail and pick out spots that needed attention. Without his knowledge, NC Department of Transportation came through and patched some areas in the Village. In the meantime, he had been working with Angie Kight of Coinjock Farms to patch the other areas of the Trail. He stated that the budget amendment would transfer $11,450 from Contingency to Transportation.
Councilor Lindley moved to approve the budget amendment.
Motion approved 5-0.
Financial Statement for the Month of February 2006
Town Manager Layton stated he had not received all of the bank statements to date, but presented Council with a financial report on revenues and expenditures.
MAYOR’S AGENDA
Mayor Morrison stated that at the Retreat, the issue of compensation for Town Council was not discussed due to time constraints. He stated that in November 2004 a question on the ballot was posed as to whether Council should receive compensation. He stated that it was voted down and many people felt it was defeated due to the wording of the question. He stated that the word “honoraria” was the word that confused the citizens as they did not know what the word meant. He asked Council for their comments on putting it back on the ballot for November 2006, but rewording the question so it would be more understandable.
Councilor Lindley asked if the vote is passed, none of the Council members would be eligible for the compensation. Mayor Morrison stated it would depend on when Council would agree to start the compensation. Town Manager Layton stated that legislation would have to be approved first.
Councilor Smith stated he would like to see it back on the ballot in November.
Mayor Pro Tempore Thibodeau thought that Council should do more to inform the public this time around. She felt that if it is put out for a vote, Council should lobby the public.
Town Manager Layton felt it was appropriate for Town staff to develop a FAQs (frequently asked questions) pamphlet that could be used to inform the public.
Mayor Pro Tempore Thibodeau asked if it would be appropriate to have Town staff promote the compensation issue. Town Attorney McRee stated that Town tax dollars could not be used to promote it, but can be used to educate the public.
Councilor Smith offered to print the pamphlets up at no cost.
Councilor Caviness and Councilor Lindley were in favor of having the item on the ballot.
Mayor Morrison stated he would like appoint Mayor Pro Tempore Thibodeau and Councilor Smith to a committee to study the issue. He suggested they research current information on the Towns that receive compensation for their boards. He also suggested they work on the language for the question on the ballot. Town Attorney McRee suggested that the word “honoraria” be left out. Mayor Morrison asked Mayor Pro Tempore Thibodeau and Council Smith to report back at the Town’s April 5, 2006 regular meeting.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau stated that the Town’s lighting ordinance had a timeframe for people to come into conformity with their lighting. She stated that the timeframe listed May 2006 as to when everyone had to have down lit signs. She stated she wanted Council’s thoughts on this as she felt it would be a hardship for businesses and homeowner associations. She felt that work still needs to be done and has had trouble with that part of the ordinance from the beginning. She stated that if someone drives up and down through Duck, the up lit commercial signs are very helpful and felt that down lighting the signs would not achieve what the Town is looking for. She stated that since the deadline is coming, she wanted to bring the issue up to make sure everyone is aware of it. She suggested regulating the candle light as opposed to making people rewire and reconfigure their lighting. She stated that she did not like that the signs will have to be down lit and thought Council should extend the requirement while getting more information. She asked Council to think about the issue and discuss it at a later time.
Councilor Caviness asked how long the ordinance has been in effect. Mayor Pro Tempore Thibodeau guessed a year and a half. Town Manager Layton stated that it has been in effect long before the Town was incorporated. Councilor Caviness felt that the commercial and homeowner associations have had enough time to make the changes.
Mayor Morrison asked if it would be expensive to change from up lighting to down lighting. Mayor Pro Tempore Thibodeau stated that it varies, but that it’s a headache and expensive. She stated that the Sandy Ridge subdivision is going through a lot of trouble to change their lighting. She asked what would happen when the deadline passes and the signs aren’t down lit. She asked if the Town would start citing and fining and would it be by the day. She asked if warning notices would be sent out and wondered how much of an impact the up lit signs have had along Duck Road. She suggested reducing the wattage on the bulbs for the signs. She felt that the down lit signs would not be as bright or as visible at night.
Councilor Smith stated that a new technology is out to replace traditional flood lights; that use fluorescent versus filament bulbs with a lower light intensity that is still very clear and lasts a long time.
Councilor Lindley pointed out that at the last Planning Board meeting, two (2) gentlemen were brought in to discuss dark sky lighting as well as how to control the lighting. He stated that the ordinance has been in effect for a long time, so business and homeowner associations have known about it.
Mayor Pro Tempore Thibodeau stated that there is a lot of good items in the lighting ordinance, but stated that she went along with the ordinance even though she had a problem with the up lit sign issue. She suggested that Council drive around at night and look at the signs on Duck Road and let her know if it is a real issue. She stated that she didn’t think it was a big deal and felt the lighting could be controlled with wattage as opposed to making people go through an ordeal.
Councilor Caviness stated she had nothing to report.
Councilor Lindley stated that it was privilege to serve with a crowd that never quits.
Councilor Smith stated that he had attended his first Government Access Channel committee meeting. He stated that Council needs to vote on accepting the budget for the coming year for the Government Access Channel.
Councilor Smith moved to accept the Fiscal Year 2006-2007 Government Access Channel budget as presented.
Motion carried 5-0.
OTHER BUSINESS
Mayor Morrison stated that the next meeting will be a work session on Wednesday, March 15, 2006 at 1:00 p.m.
CLOSED SESSION
Mayor Pro Tempore Thibodeau moved to go into closed session to consult with an attorney to establish or to instruct the public body’s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease and to plan, conduct, or hear reports concerning investigations of alleged criminal conduct.
Motion carried 5-0.
The time was 10:00 p.m.
Upon return from closed session, there was no further business. Councilor Lindley moved to adjourn the meeting.
Motion carried 5-0.
The time was 10:30 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor