TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
February 6, 2008
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, February 6, 2008.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; and Councilor Bart Smith.
Council Members ABSENT: Councilor Dave Wessel.
OTHERS PRESENT: Town Manager Christopher J. Layton; Director of Community Development Andy Garman; Police Chief Phillip Ferguson; Deputy Fire Chief William Walker; Town Attorney Donald I. McRee; Public Relations Coordinator Kathy McCullough-Testa; and Town Clerk Lori Kopec.
OTHERS ABSENT: Fire Chief Donna Black.
Mayor Morrison called the meeting to order at 7:01 p.m. Mayor Morrison asked John Jenkins 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.
Nancy Birindelli of 303 Sea Oats Trail in Southern Shores was recognized to speak. Ms. Birindelli stated that she was at the meeting on behalf of the League of Women Voters to hand out copies of the new Citizen’s Guide. She invited Council to attend a meeting at the Black Pelican on Wednesday, February 20, 2008 regarding Outer Banks growth management. She thanked Council for their financial support to the League of Women Voters.
Ben Birindelli of 303 Sea Oats Trail in Southern Shores was recognized to speak. Mr. Birindelli stated that he and his wife were nonresident owners of Duck for approximately eighteen (18) years before moving to Southern Shores. He stated that they still felt like Duck residents.
There being no one else wishing to speak, Mayor Morrison closed the time for public comments.
APPROVAL OF MINUTES
Mayor Morrison opened the approval of minutes from the January 2, 2008 regular meeting and the January 16-17, 2008 Retreat. Mayor Morrison directed Council to review the minutes from the January 2, 2008 regular meeting for changes.
Councilor Caviness had one addition to Page 7 of the minutes.
Mayor Pro Tempore Thibodeau moved to approve the January 2, 2008 minutes as amended.
Motion carried 4-0.
Mayor Morrison directed Council to review the minutes from the January 16-17, 2008 Retreat for changes.
Mayor Pro Tempore Thibodeau complimented Town Clerk Kopec on the amazing minutes. She thought that anyone could get a great idea of what happened at the Retreat by reading the minutes.
Councilor Smith moved to approve the January 16-17, 2008 minutes as presented.
Motion carried 4-0.
SPECIAL PRESENTATION
Presentation by Representatives of the Children and Youth Partnership for Dare County of the Organization’s New Website
Ed Hazlett of the Board of Directors of the Children and Youth Partnership was recognized to speak. Mr. Hazlett stated that Sara Sampson and Kip Tabb would be giving a short presentation regarding their new website. He stated that they were there to invite the Town to participate in the Children and Youth Partnership community events calendar for children and families in the community by having a link on the Town’s website to theirs. He gave a short overview on the Partnership’s activities to Council and the audience.
Kip Tabb and his daughter Mya were recognized to speak. Ms. Tabb went on to read a prepared statement to Council and the audience.
Sara Sampson was recognized to speak. Ms. Sampson went on to review the Children and Youth Partnership’s website with Council and the audience.
Councilor Caviness asked if the website itself or the calendar was new. Ms. Sampson stated that the whole site was new. Councilor Caviness asked if they were looking for other events designed for children, such as fire prevention. Ms. Sampson stated they were.
Mayor Morrison thanked Mr. Hazlett, Mr. Tabb and Ms. Sampson for their presentation.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update regarding the Mid Currituck Bridge from Members of the Build the Bridge, Preserve Our Roads Organization
John Wander of Build the Bridge, Preserve Our Roads Organization was recognized to speak. Mr. Wander gave a short update on the recent developments regarding the Mid Currituck Bridge to Council and the audience. He stated that the Toll Authority had scheduled some citizen informational workshops on February 26, 2008 at the Hampton Inn in Corolla; on February 27, 2008 at the Griggs Elementary School in Point Harbor; and on February 28, 2008 at the Pitts Center in Southern Shores. He stated that the workshops would be presentations with staff members and consultants on hand to let people know what was happening with the bridge. He added that the workshops would be held from 4:00 p.m. to 8:00 p.m. at each location.
Mayor Pro Tempore Thibodeau asked if the workshops would be an open format. John Wander stated they would.
Councilor Smith asked who was taking the option of widening NC 12 out of the study. John Wander stated that the Toll Authority was.
Councilor Caviness stated that she was the normal representative to attend the workshop, but noted that she would be out of town on the dates the workshops would be held. She asked if another Council member could attend. Mayor Pro Tempore Thibodeau stated she would definitely attend. Mayor Morrison stated he would probably attend the workshop at the Hampton Inn.
Mayor Pro Tempore Thibodeau asked if there would be contact information at the workshop for those that want to contact the Toll Authority. John Wander stated there would be.
Councilor Smith asked how information was getting out. John Wander stated that 8,000 postcards will be mailed to people in the area. He added that his organization was putting out a notice to all of their members. He suggested it be posted on the Town’s website as well.
Mayor Morrison thanked John Wander for his presentation.
Discussion of Proposed Survey Method regarding the Dissemination of Public Information
Public Relations Coordinator Kathy McCullough-Testa was recognized to speak. Public Relations Coordinator McCullough-Testa went on to give a short overview of the proposed survey method relating to the dissemination of public information to Council and the audience.
Mayor Pro Tempore Thibodeau asked if there were guidelines on how to create effective questions for a survey. She wondered if the questions would be multiple choice or open ended. Public Relations Coordinator McCullough-Testa stated it would be a combination of the two (2). Mayor Pro Tempore Thibodeau asked how long it would take someone to fill out the survey. Public Relations Coordinator McCullough-Testa stated it would only take a few minutes.
Mayor Morrison thanked Public Relations Coordinator McCullough-Testa for her overview.
Discussion/Consideration of the First Amendment to the Agreement between the Town of Duck, North Carolina, and Tidewater Fibre Corporation dated August 5, 2005
Town Manager Layton stated that at the Council Retreat staff from Tidewater Fibre were on hand to discuss the possibility of adopting an in season and off season recycling schedule that would mirror what the Town of Southern Shores recently adopted. He stated that the overwhelming direction was to move ahead and prepare an amendment to the agreement establishing the off season schedule. He noted that the off season schedule would be different than Southern Shores in that the Town would extend the in season from May 1st through October 31st. He stated that the off season would be the first and third Monday of each month from November 1st through April 30th. He stated that language was included in the contract that would allow the Town to schedule an additional pick up for the Monday after Thanksgiving and Christmas for an added cost. He stated that if Council were to adopt the schedule, the savings would be approximately $2,000 per month and would not have an effect on tonnage or participation.
Town Manager Layton stated that if Council were to adopt the amendment, off season pick up could start March or April 1st with some heavy advertising. He stated that the other option would be to start next fall.
Mayor Morrison asked what the cost would be for a one (1) day pick up. Town Manager Layton stated it would be approximately $1,000.
Councilor Caviness stated she still had a problem with the dates for the off season schedule. She stated that if the off season schedule were not to start until March 1st, she could not support it. She stated that she could support waiting until next fall. She thought Council was asking to take away a service the community has supported. She thought with Easter being earlier, the timing was wrong. Town Manager Layton clarified that the amendment to the contract did not state when the off season would start. He stated it would be something Council could work out. Councilor Caviness agreed. She stated she was not opposed to the Town saving money, but thought it wasn’t appropriate to start it before March 1st. She reiterated that the timing was wrong to start it now.
Town Manager Layton stated that he had attended a commercial recycling meeting on February 5, 2008. He stated that Merrie Smith from the Town of Southern Shores was at the meeting and indicated that they have had numerous complaints about their change in the schedule.
Councilor Caviness stated that she had not heard a lot of complaints after the Retreat discussion but has heard a few people express their concern about it. Councilor Smith asked if they were concerned about the whole program or when it would start. Councilor Caviness stated they were concerned about taking away a service the Town has said they felt strongly about providing, as well as having it coming about quickly and people not having an opportunity to be aware of it. She stated that the timing was not right as the season would be starting with Easter weekend. She didn’t want people to see it as the Town pulling away a service that was important to them.
Mayor Pro Tempore Thibodeau agreed with Councilor Caviness’ comments on the timing. She thought starting the schedule in March would put a burden on staff to get the word out. She thought it should be something the Town should try and was in favor of signing the amendment with the idea that it wouldn’t begin until November 1st. Councilor Caviness agreed.
Councilor Smith agreed with starting the program on November 1st. He felt that starting it in March would be a bad idea. He stated that he had mentioned at the Retreat that the Town could take the money that would be saved and use it for establishing an event such as the Trash Fest that was held many years ago. Mayor Morrison agreed that starting on November 1st would be a good idea.
Mayor Morrison stated that the wording in the amendment sounded like the Town would put in an additional collection day either the Monday after Thanksgiving Day or Christmas Day. He stated that it sounded like the Town would do one or the other. He felt the language should be changed to reflect that the Town would do both. He suggested the language read: “…the Town’s discretion, additional collection days may be added the Mondays following either Thanksgiving Day and/or Christmas Day holidays…” Town Manager Layton stated he would make the change.
Mayor Pro Tempore Thibodeau asked what kind of lead time Tidewater Fibre would be looking for. She asked if Council would look at the calendar and vote on it. Town Manager Layton stated she was correct. He stated that most of the years would not need an additional day for pick up. He stated that he anticipated as service starts in the fall that Council would make a decision then.
Councilor Caviness guessed that the Monday after Thanksgiving would be needed for an additional pick up. Mayor Morrison agreed.
Councilor Smith moved to adopt the first amendment to the agreement between the Town of Duck, North Carolina and Tidewater Fibre Corporation dated August 5, 2005.
Motion carried 4-0.
NEW BUSINESS
Discussion/Consideration of Resolution No. 08-01, a Resolution in Support of Establishing the USS Kitty Hawk, CV 63 as a Museum in Wilmington, North Carolina
Mayor Morrison felt the resolution was a no-brainer.
Councilor Caviness moved to adopt Resolution 08-01 as presented.
Motion carried 4-0.
Discussion/Consideration of Referring the Issue of the Residential Driveway/Parking Regulations related to the Installation of Circular/Multiple Curb Cut Driveways to the Planning Board
Director Garman stated that the issue was brought to the attention of Planning Board Member Claiborne Yarbrough by a Duck resident who is currently having some renovations done to their home. He stated that they expressed an interest in taking out their existing driveway and installing a circular one. He stated that the ordinance limited the access width of driveways to twenty (20) feet as well as requiring a drive aisle of twelve (12) feet, which would prohibit two (2) twelve (12) foot wide accesses. He stated that the Planning Board discussed it at their last meeting and questioned whether it was the intent of the ordinance to prohibit circular driveways. He stated that another issue the property owner brought forth was the ability to use their additional parking area as a basketball court. He stated that the Planning Board discussed the issue and agreed that they would like the opportunity to discuss the issue further with the possibility of having the ordinance amendment if needed.
Mayor Pro Tempore Thibodeau stated that she had familiarized herself with the issue. She stated she would like the Planning Board to discuss it. She stated that intent of the present ordinance was to minimize the amount of concrete and that Council could get behind that. She stated that a problem arises if a homeowner wants to use their concrete for something other than driving up to the house. She thought the ordinance needed tightening up. She thought parking could be allowed on one side of the circular driveway or allow parking on a wider driveway. She thought it wasn’t an easy situation to address. She thought the issue was worthy of the Planning Board’s discussion and would want to pass it on to them.
Councilor Caviness asked if the issue would precipitate change in the amount of frontage along a lot. Director Garman stated that no more than seventy-five percent (75%) could be consumed by the parking area. Councilor Caviness wondered if it would start a chain reaction. Director Garman didn’t think it would.
Councilor Smith stated he was uncomfortable with readdressing ordinances that were previously discussed at great length. He stated he was hesitant about sending the issue to the Planning Board for a single request from one (1) homeowner. He didn’t think it was enough to make Council jump every time something happens, especially readdressing an ordinance that took a lot of discussion. He thought it was more of a variance request.
Mayor Pro Tempore Thibodeau stated that it should not be sent back to the Planning Board open ended as it could go anywhere. She thought the discussion was whether the Town was against having circular driveways. She thought it was only for driveways on Duck Road. She didn’t know if it was something the Town was trying to discourage overall. She thought Council should limit what the Planning Board should focus on.
Councilor Smith thought Council could leave things to the discretion of the Planning Board. He agreed with Mayor Pro Tempore Thibodeau’s comments that it wasn’t anyone’s intention to outlaw circular driveways. He stated that he could see sending it back to the Planning Board on those grounds.
Councilor Caviness asked if there was latitude for administrative leeway for exceeding the driveway by four (4) feet. Mayor Pro Tempore Thibodeau thought it was five or ten percent (5% or 10%).
Mayor Morrison agreed with Councilor Smith’s initial comments. He didn’t know if the Planning Board’s time should be taken up for one (1) request. He stated that if ten (10) people had the same request, it would be a different story. He had his doubts about having the Planning Board look at the ordinance for a single request. He noted that the Planning Board did approve a motion to refer the issue back to them.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano agreed with Councilor Smith’s comments. He stated that his first reaction was that it wasn’t something the Planning Board or Council should be looking at, as it was an individual problem. He stated that after thinking about it, he thought it could be looked at as an example of an ordinance that needed to be tweaked. He stated that they weren’t saying the overall ordinance was bad, but one (1) item came that could be tweaked. He thought Council could send it back to the Planning Board and have them look at the circular driveway issue only.
Mayor Morrison stated that if the Planning Board wanted the issue sent back to them, he would have Council vote on it. Councilor Smith clarified that the Planning Board had requested that they wanted to review it. Ron Forlano stated he was correct.
Councilor Caviness stated that the motion should be specific about looking at the installation of circular driveways. Mayor Morrison added that multiple curb cuts should be looked at as well.
Mayor Pro Tempore Thibodeau moved to ask the Planning Board to review Ordinance 07-11, regarding the driveway and parking regulations, as it pertains to circular driveways and multiple curb cuts.
Motion carried 4-0.
Discussion/Consideration of Scheduling a Public Hearing for Ordinance No. 08-01, an Ordinance Amending Section 156.137 of the Code of Ordinances for the Town of Duck, North Carolina, related to Tree and Vegetation Preservation and Planting
Director Garman stated that at the September 7, 2007 Council meeting, staff gave a presentation of the vegetation ordinance and permitting process along with suggestions on how it may be tweaked. He stated that Council had referred the item to the Planning Board and after several months of discussion, came up with a revised draft ordinance for Council’s consideration and for a scheduled public hearing. He summarized the changes of the ordinance with Council and the audience. He stated that the Planning Board agreed to recommend the ordinance for consideration of a public hearing.
Mayor Morrison asked if ninety (90) days would be enough for planting. He wondered if it should be six (6) months. Director Garman stated that ninety (90) days was what the Planning Board had recommended. He stated it could be longer if Council felt it should be. Town Manager Layton pointed out that if Council wished to change that, it could be done after the public hearing.
Mayor Morrison clarified that Council only needed to vote on whether or not to hold a public hearing. Town Manager Layton stated he was correct.
Councilor Smith asked if the removal of a tree within ten (10) feet of a house meant that the entire tree trunk had to be within ten (10) feet of the house or just the majority. He felt the language was vague and interpreted it as being the entire tree. Mayor Morrison disagreed. Mayor Pro Tempore Thibodeau and Councilor Caviness thought it was the edge of the tree. Mayor Morrison noted that it could be changed after the public hearing to be clearer. Director Garman thought it would be any portion of the tree trunk, but it could be considered too liberal. Councilor Smith thought it would be better than what the present language states. Director Garman stated it was an attempt to make it more specific.
Councilor Smith clarified that if a tree was removed within ten (10) feet of house, it would not require a homeowner to bring their coverage up to fifteen percent (15%). Director Garman stated it was a value expressed by the Planning Board. He stated that they did not want to require a homeowner to plant additional vegetation if the tree had to be removed due to an emergency.
Mayor Pro Tempore Thibodeau stated she did not understand the last sentence on Page 7 of the ordinance with regard to ornamental grasses in the CAMA small structure setback. She clarified that anything in the CAMA zone or Area of Environmental Concern would not have ornamental grasses counted. Director Garman stated that she was correct. He stated that since the homeowner would have to maintain the vegetation to meet the terms of their CAMA permit, the Town would not give them credit for the grasses.
Mayor Pro Tempore Thibodeau moved to authorize Ordinance 08-01 for a public hearing on March 5, 2008.
Councilor Smith felt the Planning Board did a fantastic job on the ordinance. Mayor Morrison agreed.
Motion carried 4-0.
Discussion/Consideration of Proposed FY 2009 Budget Adoption Schedule
Town Manager Layton stated that Council had a proposed budget adoption schedule before them for the FY 2009 budget year. He stated that it would set aside the month of February as the time when departments can begin working on their budgets; March would be the due dates for the departmental budgets; April would have the budget submitted to Council at their mid month worksession and from there Council would determine if any more work sessions would be needed. He stated that typically the May mid month meeting was set aside for a budget worksession, but there could be additional ones if needed. He finished with June as the time for the public hearing for budget adoption. He noted that the budget needed to be adopted by June 30, 2008.
Councilor Caviness stated that she had a conflict with the date of the proposed budget presentation. She stated that she would not be available for the meeting and wondered if it could be rescheduled. Town Manager Layton stated an additional meeting could be scheduled or the date could be altered. Councilor Caviness stated she had to be at a four (4) day seminar that starts on April 16, 2008. Mayor Morrison thought the meeting could be rescheduled. Councilor Caviness asked if it could be rescheduled to the following Wednesday. Town Manager Layton stated it could be done then. Mayor Morrison stated it would be held on April 23, 2008.
Mayor Morrison moved to adopt the proposed budget adoption schedule for FY 2009 as amended.
Motion carried 4-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney McRee stated that he had nothing to report.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Update on Departmental Activities
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.
Deputy Fire Chief William Walker was recognized to speak. Deputy Fire Chief Walker 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 Commercial Recycling
Town Manager Layton stated that commercial recycling was discussed at the Retreat along with the fact that a new law went into effect January 1, 2008 which requires any ABC permit holders to recycle glass. He stated there was discussion on the restaurants being able to apply for a one (1) year waiver, but he found out it was only if there wasn’t a recycling service available. He stated that Dare County has many independent organizations that have stepped up to fill the breach. He stated that there are nine (9) ABC permit holders in Duck that would be affected by the new law. He stated that the other communities are handling the issue the same as Duck, which was to do nothing as far as recycling was concerned. He stated that the Towns of Kill Devil Hills and Kitty Hawk have drop off recycling centers, Dare County was in the process of purchasing a glass crusher; and the Town of Southern Shores already picks up commercial recycling.
Town Manager Layton stated that he would be taking a more holistic view of the recycling issue and not just focusing on glass, including how a recycling program could be set up for all commercial recycling waste. He stated that he spoke with Waste Management and they were doing an analysis of existing commercial pick ups and cases where a recycling can could be swapped for a solid waste can. He stated that it may be more realistic and effective to deal with the recycling cost-wise than starting up a new program. He stated that he should have the report back in the next few weeks.
Mayor Pro Tempore Thibodeau thought it was great. She asked if the recycling containers would be the small carts with Tidewater Fibre picking them up. Town Manager Layton stated it wouldn’t. He guessed that for most businesses, he would expect to see more recycling containers and less solid waste containers.
Town Manager Layton stated he would come back to Council at a later date with an update.
Financial Statement for the Month of January 2008
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 did not have anything to report.
Councilor Caviness stated she did not have anything to report.
Councilor Smith stated that he wanted to thank Sandy Cady for her efforts of teaching children about the environment at the park. He stated that he had a meeting with Dorothy Toolan and Chris Baucom of Channel 20 regarding tweaking the public service announcement on rip currents. He stated that they were in the process of updating it and that it would be more specific to the area.
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 acknowledged and Section 143-318.11(a)(5) to enter 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.
Motion carried 4-0.
The time was 8:53 p.m.
OTHER BUSINESS
Upon return from closed session, Mayor Morrison stated that the next meeting would be the mid month work session Wednesday, February 20, 2008 at 1:00 p.m.
There being no further business to discuss, Mayor Pro Tempore Thibodeau moved to adjourn the meeting.
Motion carried 4-0.
The time was 9:51 p.m.
____________________________
/s/ Lori A. Kopec, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor