TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
January 2, 2008
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, January 2, 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 and Town Clerk Christopher J. Layton, Police Chief Phillip Ferguson; Fire Chief Donna Black; Town Attorney Ben Gallop; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: Director of Community Development Andy Garman; and Town Attorney Donald I. McRee, Jr.
Mayor Morrison called the meeting to order at 7:01 p.m. Mayor Morrison asked Fire Chief Donna Black to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments. He asked that comments be limited to three (3) minutes in length.
There being no one wishing to speak, Mayor Morrison closed the time for public comments.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the December 5, 2007 regular meeting. Mayor Morrison directed Council to review the minutes from the December 5, 2007 regular meeting for changes.
Mayor Pro Tempore Thibodeau moved to approve the December 5, 2007 minutes as presented.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Town Manager Layton asked Police Chief Phillip Ferguson to recognize Office Gerard Couture for a recent accomplishment.
Police Chief Phillip Ferguson was recognized to speak. Chief Ferguson stated that Officer Couture had recently completed his North Carolina Department of Justice training for general certification as a state instructor. He stated that he had followed up to become a specialized firearms instructor. He presented Office Couture with his firearms instructor ribbon and letter indicating that it had been presented to him.
Mayor Morrison and Council congratulated Officer Couture on his accomplishment.
Presentation of FY 2007 Audit
Lisa Murphy from Johnson, Burgess, Mizelle and Straub was recognized to speak. Ms. Murphy went on to give an overview of the Town’s Financial Statements for the year ended June 30, 2007 to Council and the audience.
Mayor Morrison thanked Lisa Murphy for her presentation.
Appointment of Town Clerk
Mayor Morrison stated that Deputy Town Clerk Lori Kopec has served as the Deputy Clerk since she started in the spring of 2003. He stated that over the past year, Deputy Town Clerk Kopec had worked diligently toward the completion of the International Institute of Municipal Clerks Certification schooling. He added that in October 2007, Deputy Town Clerk Kopec completed her coursework and graduated with her certification. He stated that it was recommended that Council appoint Deputy Town Clerk Kopec to the position of Town Clerk.
Town Manager Layton stated that Deputy Town Clerk Kopec has worked extremely hard and that he was proud of her. He stated that she worked extremely hard to pass the certification course, which was not easy to achieve. He stated that he encourages his staff to achieve higher education and search for opportunities to improve the service area for the Town. He stated that Deputy Town Clerk Kopec has been leading the way and that he was pleased to recommend her to the position of Town Clerk.
Councilor Smith moved to appoint Lori Kopec to the position of Town Clerk.
Motion carried 5-0.
Mayor Morrison and Council congratulated Ms. Kopec on her appointment to Town Clerk.
NEW BUSINESS
Presentation by Ms. Gail Sonnesso, M.S., Executive Director of GEM Adult Day Services, Inc.
Mayor Morrison stated that Gail Sonnesso of GEM Adult Day Services, Inc. would be giving a presentation.
Gail Sonnesso was recognized to speak. Ms. Sonnesso went on to give a short presentation to Council and the audience on what GEM Adult Day Services, Inc. provides.
Mayor Morrison thanked Gail Sonnesso for her presentation.
Discussion of Off Season Recycling Schedule
Town Manager Layton stated that Tim Lee of Tidewater Fibre Recycling was in the audience. He stated that he had previously sent Council a memorandum speaking to the issue and the fact that the Town of Southern Shores had taken the step of going with an off season recycling schedule. He stated that the Town of Southern Shores has decided from October 1 to May 30 of each year, residential curbside recycling pick up would be performed on the first (1st) and third (3rd) Monday of each month. He stated that the Town of Duck picks up recycling every Monday. He stated that if the Town followed the same routine as Southern Shores, Tidewater would be picking up the recycling the first (1st) and third (3rd) Monday of each month. He stated that the Town of Southern Shores expects to save about $23,000 per year by going to an off season schedule. He stated that even though Duck is not in the process of renegotiating their contract for recycling services, Tidewater Fibre has offered the Town the same service as the Town of Southern Shores. He stated that the estimated savings would $16,000 per year. He stated that in speaking with Tim Lee and others at Tidewater Fibre, they were concerned about issues related to participation as they thought it would not have a negative effect on the participation. He stated that it leaves the Council with the need to discuss whether this would be something they wanted to pursue and when.
Mayor Morrison asked if the Town of Southern Shores had started the off season recycling program. Tim Lee of Tidewater Fibre Recycling was recognized to speak. Mr. Lee stated that Southern Shores would start this month. Mayor Morrison clarified that Southern Shore would have their recycling picked up the first (1st) and third (3rd) Monday of each month. Tim Lee stated he was correct.
Mayor Pro Tempore Thibodeau asked if the change was near Southern Shores’ contract renewal date. Tim Lee stated that their contract had expired at the end of September 2007 and prior to that, discussions were started, mainly to increase their awareness of the program. He thought the change was driven by the new Board wanting to save money and Tidewater suggesting the off season program as a way to save money.
Mayor Pro Tempore Thibodeau asked if the change would increase awareness for the Town. Tim Lee thought the savings could be redirected. He stated that the literature that the Town hands out would have to be changed in order to let people know of the pick up change. He suggested a magnetic calendar that could be posted on a home refrigerator with the collection dates highlighted. He stated that by increasing the awareness, it would increase the volume and number of people participating in recycling during the season. Town Manager Layton added that the change in schedule would require the Town to do additional public awareness/education. He stated it could be a benefit to remind people as to what can be recycled.
Councilor Wessel asked if there was any information on how other towns are doing, how many are participating and what their participation rates looked like. Tim Lee stated that the Towns of Duck and Southern Shores would be the only two (2) towns that Tidewater Fibre has that would truly benefit from the schedule change. He stated that the rest of the towns they serve would not benefit as they are very large. Councilor Wessel clarified that Mr. Lee did not have any firm statistics on towns that have switched to an off season recycling schedule. Tim Lee stated he did not. Councilor Wessel asked if Tidewater had recommended an off season recycling schedule with other towns. Mr. Lee stated that the only two (2) towns that will benefit would be Duck and Southern Shores as the other towns are too large to benefit because they are not impacted by seasonal tourists.
Councilor Smith asked how hard it would be to obtain additional recycling containers. Town Manager Layton stated it was very easy. Councilor Smith asked what the cost was. Town Manager Layton stated it was approximately $1.60 per container per month for each additional cart. Councilor Smith clarified that it would not be an issue to obtain new carts. Town Manager Layton stated he was correct. Councilor Smith thought it would be good to let people know that it’s easy to obtain additional containers for recycling. Town Manager Layton stated that he and Tim Lee had discussed it briefly and whether there would be an erosion in the cost savings by people obtaining extra containers. He stated that it was agreed that it would be negligible at best with regard to the impact on savings. Tim Lee noted that five (5) additional containers were requested of homes for the month of December.
Town Manager Layton clarified that the way the Town handled recycling containers was different from trash containers. He stated that the recycling containers are leased with the Town paying the leasing fee and if something happens to them, it would be replaced. He stated that the trash containers are owned by the individual property owners and if something happens to them, the homeowner would purchase new containers. Tim Lee added that Tidewater Fibre was also responsible for any repairs to the recycling containers.
Councilor Smith asked when the next Town newsletter would be going out. Town Manager Layton stated that one is usually done in the late January/early February timeframe.
Councilor Caviness stated she was concerned about the dates. She pointed out that between October 1st and May 30th, there were five (5) major holidays where a lot people are on the Outer Banks. She stated that on a holiday weekend, recycling seems to increase. Town Manager Layton stated that the biggest complaint was missed recycling. He stated that every town on the Outer Banks has an issue with turnover and people inheriting other people’s waste. He stated that some issues will be there regardless of whether the Town picks up recycling every week or every other week. Councilor Caviness noted that a lot of people do put trash in their recycling container.
Mayor Pro Tempore Thibodeau asked if there were any statistics on the quality of the recyclables in Duck. Tim Lee stated it was fairly good. Councilor Caviness asked if it was fairly good with trash. Mr. Lee stated it was fair to good. Mayor Pro Tempore Thibodeau asked how it compared to the larger towns that Tidewater services. Tim Lee stated that they aren’t great. He stated that furnace filters are the item that most seems to end up in a recycling container. Town Manager Layton stated that the deviations seen in the cost was because of contamination. He stated that he can tell when it’s bad as the cost goes up, but it has never been anything too expensive. Tim Lee reviewed the set out rates for the Town with Council and the audience.
Councilor Caviness asked what the set out rates were for the Easter weekend. Town Manager Layton stated that the statistics in Council’s packets were on a monthly basis.
Mayor Pro Tempore Thibodeau asked how people were notified of the change in the recycling schedule for the Christmas holiday. Town Manager Layton stated that staff got the word out via emails, the Town’s web page and local newspapers. Mayor Pro Tempore Thibodeau stated it was a good example of whether people received word about the change. She added that she did not see anything in the paper about the change in schedule. Tim Lee stated that there are very few holidays that fall on a Monday that Tidewater Fibre takes off. He stated that they are open for Martin Luther King Day, even though it is a Federal and State holiday. He stated that on major holidays Tidewater Fibre closes. Mayor Pro Tempore Thibodeau asked if they were closed on Christmas Eve. Mr. Lee stated they were open. Mayor Pro Tempore Thibodeau pointed out that recycling was not picked up on Christmas Eve. She clarified that Tidewater Fibre was open but did not pick up in Duck. Mr. Lee stated she was correct. Mayor Pro Tempore Thibodeau thought it was important to get the word out of a change in schedule to the citizens. Mr. Lee agreed.
Councilor Wessel stated that he shared Councilor Caviness’ concern. He stated that renters do not want to inherit other people’s trash and recycling. He stated he would not want previous renter’s recycling in his container if he were renting a house. He asked if the Town decided to go with the off season schedule, could it be done for a year before a decision was made. Tim Lee stated it could be done that way. He stated that the Town of Southern Shores had chosen the dates and that Duck did not have to use those same dates.
Councilors Caviness and Smith stated they could not get on board with the dates. Councilor Caviness stated that too many holidays fell in that timeframe and that was troublesome to her.
Town Manager Layton stated he did not want to wait too long to introduce the issue. He stated he was not asking for a decision from Council at this time. He stated that it could be discussed at the Retreat or at the February 6, 2008 meeting. Councilor Caviness stated she would like to continue the discussion at the Retreat as she has been approached numerous times regarding the need for commercial cardboard recycling. Councilors Smith and Wessel agreed it should be discussed at the Retreat. Mayor Morrison stated that the discussion would be continued at the Retreat.
Town Manager Layton stated he would coordinate a time for Tidewater Fibre to attend the Retreat and join in the discussion.
Discussion/Consideration of an Interlocal Agreement with the Town of Nags Head related to Building Inspection Services
Town Manager Layton stated that the interlocal agreement would allow the Town to share building inspectors with the Town of Nags Head. He stated that Building Inspector Cory Tate needs to obtain and maintain his level 3 building certification by conducting inspections on commercial buildings. He stated that the building inspector in Nags Head will allow Building Inspector Tate to perform inspections provided the interlocal agreement was in place. He stated that it was in the Town’s best interest to have the agreement. He added that no fees are involved.
Mayor Pro Tempore Thibodeau stated that if an inspector goes on vacation, the interlocal agreement would come into play. Town Manager Layton agreed. He stated that the Town has an agreement with the Town of Kitty Hawk and it has worked out well.
Councilor Caviness moved to authorize the Town Manager to execute an interlocal agreement with the Town of Nags Head related to building inspection services.
Motion carried 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Gallop stated that he had nothing to report.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Update on Departmental Activities
Police Chief Phillip Ferguson was recognized to speak. Chief Ferguson 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.
Town Manager Layton 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 things are moving along. He stated that the completion of the pier would begin no later than Monday, January 7, 2008. He stated that the signs have gone up, the picnic shelter has been virtually completed, and the stage/gazebo has been coming together nicely. He stated that a courtyard will be put in near one of the signs with pavers. He added that the irrigation was extended to complete the loop and bring everything together. He stated that he would be calling the Tourism Bureau to find out how to obtain the grant money as the project has been substantially completed.
Financial Statement for the Month of December 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 she was looking forward to the Retreat.
Councilor Caviness read a letter from the Dare County Tourism Board regarding the Town obtaining a short term restricted fund grant to fund the Town Park amphitheater. Mayor Morrison stated it was very good news.
Councilor Smith stated he did not have anything to report.
Councilor Wessel stated that he will miss the February 6, 2008 meeting due to a previously scheduled vacation.
Mayor Pro Tempore Thibodeau stated she has heard great comments about the park, the banners and the Town itself.
CLOSED SESSION
Mayor Pro Tempore Thibodeau moved to enter closed session in accordance with Section 143-318.11(a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney/client privilege between the attorney and the public body, which privilege is hereby acknowledge.
Motion carried 5-0.
The time was 8:52 p.m.
OTHER BUSINESS
Upon return from closed session, Mayor Morrison stated that the next meeting would be the Retreat on Wednesday, January 16, 2008 at 9:00 a.m. and Thursday, January 17, 2008 at 12:00 noon at the Sanderling Inn.
Councilor Caviness thanked Council for accommodating the conflict with the Tourism Bureau Board of Directors meeting.
Town Manager Layton stated he had not received detailed items for the Retreat from Council. He asked that they forward any information to him by end of day Friday, January 4, 2008.
Councilor Wessel stated he has not received any emails through his Town of Duck account. Councilor Smith stated he never receives any emails from that account. Councilor Wessel thought the account wasn’t working. Mayor Pro Tempore Thibodeau thought they were forwarded to Council’s personal emails. Councilor Wessel stated he tried sending test emails but did not receive anything.
There being no further business to discuss, Mayor Morrison moved to adjourn the meeting.
Motion carried 5-0.
The time was 9:01 p.m.
____________________________
/s/ Lori A. Kopec, Town Clerk
Approved: February 6, 2008
_______________________________
/s/ Neil Morrison, Mayor