TOWN OF DUCK
TOWN COUNCIL
REGULAR MID-MONTH MEETING
March 21, 2007
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 1:00 p.m. on Wednesday, March 21, 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, Director of Community Development Suzanne Cotellessa; Town Attorney Donald I. McRee, Jr.; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: None.
Mayor Morrison called the meeting to order at 1:00 p.m.
Town Manager Layton stated that Council had at their places a letter from Betty Pierce as well as a memorandum from Police Chief Dale Hamilton, giving a synopsis of an issue regarding topping of trees. He stated that he would have Police Chief Hamilton contact Ms. Pierce to discuss the officer’s bedside manner. He stated that he and Chris Dewitt of VHB had spoken to Bill Moore of the Division of Water Quality and that the permit would finally be signed off.
Mayor Pro Tempore Thibodeau asked that Town Manager Layton follow up with DWQ with the status on the permit. Town Manager Layton stated he would.
OVERVIEW OF PROPOSED VEGETATION ORDINANCE AND RECOMMENDATION TO HOLD A PUBLIC HEARING IN APRIL 2007
Director of Community Development Director Suzanne Cotellessa was recognized to speak. Director Cotellessa apologized for having the overview rescheduled due to the recent death of her mother. She thanked Council for rescheduling the issue. She stated that the issue was discussed in detail at the Council Retreat and sent back to the Planning Board with suggestions and recommendations. She stated that the Planning Board held additional meetings to review the language and made adjustments according to the recommendations. She stated that Council had the draft ordinance in their packets and a public hearing would be scheduled with Council’s authorization. She went on to give a short presentation on the ordinance to Council and the audience. She asked that Council schedule the ordinance for a public hearing at their April meeting.
Mayor Pro Tempore Thibodeau asked what the fee would be for a permit to remove a tree. Director Cotellessa stated it would be established in the fee schedule. She stated that she expected the fee to be minimal. Mayor Pro Tempore Thibodeau asked if a homeowner would need a permit to remove a dead tree. Director Cotellessa stated they would.
Councilor Lindley moved to schedule the ordinance for a public hearing on April 4, 2007.
Motion carried 5-0.
Mayor Morrison stated he would not be present for the meeting but that Mayor Pro Tempore Thibodeau would be presiding in his absence.
DISCUSSION/CONSIDERATION OF COUNCIL PROCESS FOR APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES
Mayor Morrison stated that at Council’s last meeting, Councilor Lindley was asked to report on a system that Council could use to make appointments to the boards, commissions and committees.
Councilor Denver Lindley was recognized to speak. Councilor Lindley stated that he would like to see a process for appointments because the existing process seemed to be less than formal. He stated that at the last meeting, he had suggested doing something in a more orderly fashion. He suggested that it would involve a nominating committee, appointed by the mayor and would consist of one (1) to three (3) members for a term to be determined. He stated that this committee would be to review applications, interview applicants, determine and search for skill set and experience appropriate for the group that needs members. Some of the skill sets could be accounting, finance, investment planning, architecture and good times. He thought the committee should attempt to achieve diversity, age, gender and ethnicity.
Mayor Morrison thanked Councilor Lindley for his report. He pointed out that the committee could only consist of a maximum of two (2) people. He stated that if three (3) Council members met, it would be considered an official meeting. Councilor Lindley asked if all of the members had to be Council Members. Town Attorney McRee stated that any committee that is created by the Council would be a public body and would have to follow the open meetings law, if it consisted of two (2) or more members. Mayor Morrison asked if it would have to be a public meeting even if they were discussing appointments. Town Attorney McRee stated he was correct. He stated that any committee of the public body is also a public body and must abide by the open meetings law. Councilor Lindley asked if it had to be members of the Town Council. Town Attorney McRee stated it did not. Councilor Lindley asked if members of the community could be part of the committee. Town Attorney McRee stated they could, but it would still be considered a public body.
Councilor Lindley had thought that the committee had to be comprised of Council Members. He stated he could see bringing in other people to serve on the committee. Mayor Morrison clarified that the committee could not be made up of more than two (2) or more Council members. Town Attorney McRee stated that the committee could be made up of as many members as Council wished. Town Manager Layton stated that it could not be more two (2) members of Council. Town Attorney McRee stated that it could as it would be a public body. He stated that the committee could consist of all five (5) members of Council. Mayor Morrison stated it could be done at a Council meeting and felt it would be easier to do it that way. Town Attorney McRee stated that the committee could comprise of two (2) Council members and two (2) citizens that could meet some other time and do the work outside of the Council meeting, and then present their report to Council. He stated that the meeting would have to be advertised and the public would be allowed to attend.
Mayor Morrison clarified that if he appointed a committee of two (2) Council members, that committee could meet at one of the Council member’s home. Town Attorney McRee stated they could as long as it is advertised and the public could attend the meeting.
Councilor Smith felt that the way committee members were chosen was fine. He felt it still needed a little adjustment. Mayor Morrison stated that what made things difficult was the one on one situation, where if he had someone in mind for a committee, he had to call each Council Member or meet with them one at a time to discuss the individual. Town Attorney McRee agreed.
Councilor Lindley thought the applicants should be interviewed. Mayor Pro Tempore Thibodeau stated that she liked the idea. Councilor Lindley stated that the interview could tell how strong the applicant’s commitment would be and whether they understood what they were getting into.
Mayor Pro Tempore Thibodeau asked if applicants could come before Council to speak about themselves. She stated that she liked the idea of a meeting separate from a Council meeting, since it could become time consuming. Mayor Morrison felt that people may decline to be considered for a board if they had to come before Council in a meeting.
Joe Blakaitis of 115 Sandpiper Cove was recognized to speak. Mr. Blakaitis felt that the rule was ridiculous. He stated that it seemed that the governing body should be allowed to interview people away from the public for various reasons. He didn’t think it was right that it had to be a public meeting. He asked if it was illegal for one person to call another. Town Attorney McRee stated it wasn’t. Mr. Blakaitis suggested that Council continue to just call potential applicants. He felt having the applicant come to a meeting could be embarrassing. Mayor Morrison agreed.
Paul Keller of 125 Wiroans Court was recognized to speak. Mr. Keller agreed that most people would shy away from applying if they knew other people who are not part of the Town would be hearing them speak.
Mayor Morrison stated that the way it was done in the past was he would speak to all members of Council and ask them to think of someone that they thought would be appropriate for a board or committee. He stated he would then call them back asking them if they had thought of anyone and if not, he would tell them of a suggested individual that another Council member had thought of. He stated that the individual would then be contacted by a Council member to talk to them one on one. He stated that that was how the latest appointment was found.
Town Manager Layton thought that Council should be able to speak freely to one another regarding concerns they may have. He stated that he didn’t want Council not to ask questions because they were afraid of embarrassing someone. He thought that that was a concern that Council should keep in mind.
Mayor Morrison pointed out that an individual had submitted an application and someone had negative comments about the person. He stated that to have Council discuss this at a meeting with the individual present would be uncomfortable. Town Attorney McRee agreed. He stated that that was the reason most councils appoint members the same way that Council has been doing it. He stated that some councils hold a special meeting just to meet potential applicants and ask questions.
Councilor Smith stated that the Town has a good group of people that are respected. He stated that with all the applicants in the past, someone that Council trusts knew the applicant in some way.
Town Manager Layton stated that there was nothing to preclude Council from looking through the applications, agreeing on someone and developing a process at that point to have them come in and speak. He stated that it would be possible in the future that there may not be consensus on the Council and in that case, he thought it would be appropriate for people to come in and speak to Council.
Councilor Caviness thought there could be some way to tighten up the application. She thought that Council could have a meet and greet during National Volunteer Week and include staff and members of the various committees and boards so the applicants could ask questions. She thought it could be done on a yearly basis. She wondered if there should be more communication from the chair of the committees and boards regarding skill sets so Council could know what to look for when an opening comes up.
Mayor Pro Tempore Thibodeau liked Councilor Caviness’ suggestion about a meet and greet. She thought it would be a great way for people to get to know each other and to get more people interested in the Town. She thought it would be a good procedure for Council to call individuals that have submitted applications in the meantime. She stated that a number of people have submitted applications but she hadn’t had a chance to contact them all.
Mayor Morrison thought the meet and greet could be held once a year before a Council meeting and have it advertised. Councilor Smith thought it would be nice to coordinate it with National Volunteer Week.
Town Manager Layton stated that the fall would be a good time since most of the appointments are in the spring. Councilor Caviness stated that it would be great to have it in May but fall would be better.
Mayor Morrison suggested having a meet and greet annually before the Council’s October meeting. Councilor Caviness agreed. Councilor Lindley stated he liked the idea. Mayor Morrison stated that a position will need to be filled by May 1, 2007. He asked Council if they would be willing to meet applicants one on one. Councilor Lindley stated he would. Mayor Morrison suggested that Council review the applications that have come in and that he would contact each of them for their opinions. He stated that it would be cumbersome but it has worked well in the past.
Town Manager Layton pointed out that only one (1) additional application had come in. He stated that if Council needed all of the applications that have come in, to let him know.
Mayor Morrison stated that various members of Council have contacted people in Town who they thought would be good people to serve on a particular committee or board to feel them out and see if there was an interest.
Mayor Pro Tempore Thibodeau stated that she liked the idea of having time to decide. She felt the last appointment was a little rushed.
Mayor Morrison asked Deputy Town Clerk Lori Kopec how many applications were in house. Deputy Town Clerk Kopec guessed approximately seven (7). Mayor Morrison asked that copies of the applications be passed out to Council. He stated he would contact each member in mid April to discuss the applications.
Councilor Lindley asked if openings are advertised in any way. Mayor Morrison thought it was advertised on the website. Town Manager Layton stated that staff could advertise it on the website as well as sending an email to the subscriber list. However, the difficulty is that the Town is blitzing people who do not live in Town year-round. He stated that the issue he finds is that the homeowner is not always in Town and or available for the meetings.
Councilor Caviness thought that there should be more communication with the chair of each committee and board to determine what is lacking. Councilor Smith thought it was a good suggestion, but some applicants feel they don’t have the background that is needed. He stated that if Council gets too specific regarding requirements and experience, it may scare potential applicants away. He stated he would be hesitant to get too specific.
Mayor Morrison thought diversity would be good for the boards and committees. He asked if that would be an issue. Town Attorney McRee stated it wouldn’t. Town Manager Layton pointed out that the boards and commissions were the Council’s. He stated that they have the responsibility to make the appointments and what they think is appropriate was their prerogative. He cautioned Council not to lose sight of that.
Councilor Smith asked if there was going to be an appointment to the Planning Board at the April meeting. Mayor Morrison stated it would be made at the May 2, 2007 meeting. Town Manager Layton stated it could be done in May since the Planning Board meeting will be a week after the Council meeting. He clarified that Council wanted staff to put a notice on the website and send out an email to the subscriber list stating that there is a vacancy.
Mayor Morrison felt the application could be more detailed. He asked if there was some reason why certain items were eliminated. Town Manager Layton stated that the application has not been changed since the Town incorporated. He stated that it could be revised but didn’t think it should be daunting. Mayor Pro Tempore Thibodeau suggested that once Council looks at the applications, they could come up with helpful suggestions for the application.
Councilor Smith asked if there was a link on the website for volunteer opportunities. Town Manager Layton stated there was. Councilor Smith stated he would be hesitant to have the Town advertise for a specific board. He thought the website could be tweaked with regard to the volunteer link. Mayor Pro Tempore Thibodeau suggested that it be advertised that non-residents could be members of some of the boards. She suggested that it state that a volunteer opportunity is available and there will be others coming up. She stated that she would like to have the specific board listed that has appointments available.
Councilor Smith asked if there was a description of what each committee and board does on the website. Councilor Lindley stated that it concerned him as well. Town Manager Layton stated that there is some information but not everything is listed. Mayor Pro Tempore Thibodeau suggested asking each committee to come up with a synopsis of what they do. Councilor Smith suggested having a volunteer page on the website which would include the brief description of each board and committee as well as the application and positions available. Councilor Caviness thought by sending that type of information to the subscriber list or including it in the newsletter would probably be a better outreach. Town Manager Layton suggested having staff put a list together of the committees and develop a description of them, list the terms and make it part of a future newsletter. He stated that it could be put in the fall newsletter.
It was consensus of Council to have staff put a description of each committee in the newsletter and on the Town’s website as well as adding what positions are coming up for availability.
Councilor Lindley felt it was a good way to go. Mayor Morrison asked Deputy Town Clerk Kopec to provide Council with copies of the applications on hand.
DISCUSSION/CONSIDERATION OF APPOINTMENTS TO THE COMMUNITY IMPROVEMENT COMMITTEE
Town Manager Layton stated that the Community Improvement Committee’s terms have expired as of February 2, 2007 and apologized for not bringing it to Council sooner.
Mayor Morrison stated that this committee consisted of Lisa Mann, Allan Lehew and George Grinnan. He stated that each member was interested in returning for another term with the term expiring on February 1, 2009. He stated that Council was now in a position to re-appoint the committee without considering any new possibilities. He asked Council for their thoughts.
Councilor Lindley asked what the committee does for the Town. Town Manager Layton stated that the committee gives out the community appearance awards and reviews submissions for the awards on both an annual and seasonal basis. He stated that when grant funding is available, they review the applications for the community improvement grants and recommend awarding of those grants.
Kathy McCullough-Testa was recognized to speak. Ms. McCullough-Testa stated that the committee also was responsible for the light shield project in Town. She stated that within the next six (6) months, they will be coming before Council to give an overview of their accomplishments. She pointed out that the committee does not meet regularly but only when grant applications or appearance awards need to be reviewed.
Mayor Morrison felt the awards program has been very effective and has had a positive effect on the Town.
Town Manager Layton stated that the grant program has rules that need to be followed and thought that they needed to be looked at again to clarify some issues that were unanticipated.
Mayor Morrison asked if there were any applications for membership to the Community Improvement Committee. Town Manager Layton stated there weren’t.
Mayor Pro Tempore Thibodeau asked if someone wanted to join the committee would they be able to. Town Manager Layton stated it was set up for three (3) members but Council could expand it if they wished.
Councilor Lindley asked if any of the committees had a limit to the number of consecutive terms they could serve. He asked if there was an interest in doing that. Mayor Morrison stated that Council has not done that. Councilor Lindley stated that a group can just go on and on and thought that putting in a limit may add diversity and variety. Mayor Morrison stated that Council could consider it. Town Manager Layton stated that the Town has a difficult time filling the positions since the Town is so small.
Mayor Pro Tempore Thibodeau suggested Council be open to the possibility of adding another person to the CIC committee when they review the applications to provide some continuity. She asked Council to keep an open mind.
Mayor Morrison moved to re-appoint Lisa Mann, Allan Lehew and George Grinnan to the Community Improvement Committee for a term to expire February 1, 2009.
Motion carried 5-0.
Mayor Morrison asked for any other business to discuss.
Councilor Caviness stated that she didn’t know how much discussion there has been regarding the events in Town. She wondered if the Town would get to a point where a special events committee would need to be compiled. She didn’t know if there was any value to putting out a call for people who may be interested in being part of a park events volunteer crew. She stated that the crew could help with any event taking place in the park as it would be a burden on staff if they had to handle it. Town Manager Layton thought that something could be put in the newsletter and on the website. He stated that the idea would be to work with volunteers. He stated that the Town is not at the point where a crew is needed this year but will eventually.
There being no further business to discuss, Councilor Caviness moved to adjourn the meeting.
Motion carried 5-0.
The time was 2:12 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: April 4, 2007
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/s/ Neil Morrison, Mayor