TOWN OF DUCK
TOWN COUNCIL
REGULAR MID-MONTH MEETING
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 1:00 p.m. on Wednesday, November 17, 2004.
COUNCIL MEMBERS PRESENT: Mayor Gene Schwarz; Mayor Pro Tempore Allan Beres; Councilor Nancy Caviness; Councilor Monica Thibodeau; and Councilor Neil Morrison.
COUNCIL MEMBERS ABSENT: None.
OTHERS PRESENT: Town Manager and Town Clerk Christopher Layton; Town Attorney Donald I. McRee, Jr.; Planning Director Suzanne Cotellessa; and Deputy Town Clerk Lori Kopec.
The meeting was called to order by Mayor Schwarz at 1:00 p.m.
John Wander was recognized to speak. Mr. Wander stated that after discussing the issue with the lobbyist, the committee has gotten promises from him that Senator Dole’s Chief of Staff may be contacting them at a working session. He stated the committee has been working hard to get support. Mr. Wander presented a timeline to Council on the activities of NCDOT and gave a background on their activities over the past two years. He stated the committee is not getting reaction or support from Raleigh.
Mr. Wander stated that the committee had met with the Town of Southern Shores and had gotten support for the project of $1,000 for six months. He stated the committee has a presentation scheduled for November 23, 2004 with the Currituck Chamber of Commerce to try to get their support. He asked Council to look at this as a real opportunity to cut years off the possibility of a bridge. He stated the committee won’t go ahead with a higher grant until most of their questions are answered. He stated they would be applying for a two million dollar grant and will go month by month. He stated that he anticipates a six month project.
Mayor Schwarz asked if Mr. Wander has spoken to the Currituck Board of Commissioners. Mr. Wander stated he hasn’t. He stated he had a discussion with a representative of Currituck and was told that if the committee makes the presentation to the Chamber of Commerce, it would be highly possible for the president of the Chamber to go and discuss it with the Board of Commissioners and request support. He stated he hasn’t asked for support from Dare County yet.
Angela Beckman was recognized to speak. Ms. Beckman stated that the DCBA has voted to contribute $5,000 towards the grant. She stated the DCBA is urging the Town to do the same.
Allan Starr was recognized to speak. Mr. Starr stated that the committee’s current draft for the study grant is now more narrowly focused on the feasibility of doing a private/public funded bridge. He stated that he was told it would have the most likelihood of both getting grant money and will fit in the highway transportation bill. He stated the other advantage of doing it this way would be to avoid having funds directed through NCDOT.
Mayor Schwarz asked who has signed on. Allan Starr stated that the Town of Southern Shores, the DCBA, the Duck Civic Association and Build the Bridge, Preserve Our Roads Committee. He stated they are also going to try to get Currituck County Chamber of Commerce and if it could be expanded to the counties, they may do that.
John Wander stated the committee expects to put their second draft in without a firm decision on who would want to pool their money through to the consultant on November 18, 2004.
Mayor Schwarz stated he had spoken to Warren Judge and that Dare County is nervous about hiring a lobbyist. Mr. Wander stated it was understandable.
Mayor Pro Tempore Beres asked if the proposed language for the transportation bill would be given to the lobbyist. Mr. Wander stated he was correct. Mayor Pro Tempore Beres asked if it will have to be defined in the next few days who the conduit will be for managing the grant monies. Mr. Wander thought that if the application is acceptable, the lobbyist would admit it with bill staff, the committee will be invited up to defend it and will have until then to make changes to it. Mayor Pro Tempore Beres asked if the lobbyist’s commitment would be to work with Senator Dole’s staff or the committee’s staff. Mr. Wander stated the lobbyist would help push the application through.
Councilor Morrison asked what the lobbyist name was. Angela Beckman stated his name is George Mannina. Councilor Morrison asked if Mr. Mannina’s firm is located in the Washington, D.C. area. John Wander stated it is. He stated that Mr. Mannina is with O’Connor & Hannan.
Councilor Thibodeau asked if NCDOT has looked into a public/private funded bridge. Angela Beckman stated the Highway Administration Bill encourages public/private financing. Mayor Schwarz stated that in North Carolina there are no provisions for it. Ms. Beckman stated she had understood that it had passed in the recent election. Kevin Schwartz was recognized to speak. He stated it was not the same thing. Town Manager Layton agreed.
John Wander stated that the product of the study would be to identify a source of funds, both public and private. He stated it would identify the private participation technique and method, which would fund, design, operate and own the bridge project and the toll strategy connected to it. He stated it would go for a 30 year period and then the ownership would revert back to the State. He stated this is in line with State Representative Culpepper’s stated objectives.
Town Manager Layton asked if the Dare County Chamber of Commerce has been approached. John Wander stated they haven’t.
Mayor Schwarz stated he had received a letter from the Department of Transportation that was also sent to the Town of Southern Shores. He stated he has not read it yet, but it looked like it addressed the questions the two Towns had asked and there were two enclosures with the letter. He stated he would read the letter and enclosures and make sure Council will receive copies as well.
Mayor Schwarz asked Council for their feeling on the commitment for the Build the Bridge’s request.
Mayor Pro Tempore Beres felt it was the best chance to move the issue along. He stated that for the modest investment, there would be a lot to be gained and would be in favor of supporting the committee.
Mayor Pro Tempore Beres moved to provide funding for a lobbyist for the Build the Bridge, Preserve Our Roads committee in the amount of $1,000 a month for up to six months.
Councilor Thibodeau agreed with Mayor Pro Tempore Beres’ remarks and felt it was something worth pursuing. Councilor Caviness agreed.
Councilor Morrison stated he is not too optimistic but would go along with it.
Motion carried 5-0.
Mayor Schwarz and Council thanked Mr. Wander and Mr. Starr for their presentation.
DISCUSSION OF COMMERCIAL DEVELOPMENT REGULATIONS AND INCENTIVES
Mayor Schwarz asked Planning Director Cotellessa to review the regulations, with the new changes and if questions arise, they would be asked then.
Planning Director Cotellessa stated the Planning Board has been through two meetings. The regulations that were handed out to Council were a marked up version from the past two meetings. Planning Director Cotellessa went on to review the regulations with Council and the audience.
Mayor Schwarz stated that Section B(1) and B(2) do not make sense to him in that one contradicts the other. Planning Director Cotellessa stated it should have been articulated better but that part of putting building facades near the street parallel to the front property line would make for a good pedestrian experience. She stated that this is most relevant on the east side of NC 12, but on the sound side, it would be best to turn the building. Mayor Schwarz stated wording it that way would make it clearer to him.
Councilor Thibodeau asked if B(2) was a recommendation and B(1) was a mandate because of the words “should” and “shall”. Planning Director Cotellessa stated she was correct.
Mayor Schwarz stated the latest developments on the west side are opposite of what the ordinance is stating. He stated that on the east side, the buildings are perpendicular to the road but on the west side, the buildings are parallel.
Councilor Thibodeau asked for an example. Mayor Schwarz gave Scarborough Lane as an example.
Mayor Schwarz stated he is still concerned about the language. He wondered if one was necessary. Planning Director Cotellessa stated the Town would be much more pedestrian friendly to see shop windows as opposed to a sea of cars in a parking lot.
Councilor Thibodeau suggested the language state; “the Town is trying to encourage inviting facades to pedestrians”. Planning Director Cotellessa suggested it state; “building facades should be pedestrian oriented”. Town Manager Layton felt it was just as confusing. Mayor Schwarz agreed.
Councilor Morrison suggested; “on the east side of NC 12, building facades should be substantially parallel to the front property line, if possible”.
Councilor Thibodeau stated she could not think of one instance where a pedestrian could walk along the trail and look in any shop windows. Town Manager Layton stated that Wings is the only building that affords that opportunity.
Councilor Thibodeau asked if the vacant lot next to Roadside Café is moving forward with any development. Planning Director Cotellessa stated the lot has been sold and probably would not be developed for a couple of years.
Kevin Schwartz stated that building orientation will be dictated by the regulations. Planning Director Cotellessa stated it was valid in by-right developments but since the tool for Village Commercial is flexible, it means that someone can come in and design a lot and not worry about setbacks and other issues.
Councilor Thibodeau asked if Jay Ball would be permitted to change the color of his home to the color it is presently painted. Planning Director Cotellessa stated she would not consider that to meet the standards because it’s a residential property.
Mayor Schwarz asked if after the regulations are in place and someone paints their building a different color than what is allowed, what would the Town be able to do. Planning Director Cotellessa stated that if the regulations are adopted, they would become part of the zoning ordinance and they would become zoning regulations. The options would be the same for any other zoning violation, such as taking someone to court or fining the person for not coming into compliance with the ordinance.
Town Manager Layton asked what the discussion with the Planning Board was on cement blocks. Planning Director Cotellessa stated that the Town needs to be as flexible as possible in allowing different building materials that could be painted in appropriate colors.
Mayor Schwarz pointed out that nothing is said in the ordinance under “Paving” regarding the new techniques for absorbing water. He asked if paved areas should be paved with asphalt, concrete or pavers. He asked for clarification on what pavers are. Planning Director Cotellessa stated that pavers are turfstone or grasscrete. She stated that the ordinance is stating that if there is a commercial building, a dirt, grass or gravelly area cannot be designated as parking. It has to be improved and can be done with concrete, asphalt or pavers, which support the vehicles and provide a solid base.
Councilor Thibodeau pointed out that Scarborough Faire has plain dirt for their parking. Planning Director Cotellessa stated they have a gravel driveway. Councilor Thibodeau asked why the parking was not improved. Planning Director Cotellessa stated it was probably done before the regulations were in place.
Town Manager Layton asked if the definition of concrete included pervious concrete. Planning Director Cotellessa stated it did.
Councilor Caviness asked if there was a lot of discussion about drive thru windows at the Planning Board meeting. Planning Director Cotellessa stated there was some discussion. Councilor Caviness asked if they had discussed enforcing not having drive thru windows in Town. Mayor Schwarz thought the Town would want to eliminate anything pertaining to drive thru windows, if at all possible. He felt that if someone wanted to put in a drive thru window, they should go through a separate process. He thought that people were opposed to drive thru windows from the start.
Councilor Thibodeau asked if the Crown gas station would fall under the new standards. Planning Director Cotellessa stated it wouldn’t. She pointed out that Wee Winks is another matter.
Councilor Thibodeau asked where it is mandated in the ordinance about the 100 year flood basin. Planning Director Cotellessa stated the Town does not have stormwater controls in the zoning ordinance. The State has a mandate on how the stormwater facilities are designed.
Mayor Pro Tempore Beres pointed out that Section 42.2.7 states “…unless otherwise noted”, but there is nothing otherwise noted. Planning Director Cotellessa stated she would strike that part of the sentence.
Mayor Schwarz asked for a clarification of the new bullet under Section 42.2.8.1. Planning Director Cotellessa stated that it states that a site plan will be required for the bulleted items above the new one, but if it qualifies for a minor development, a full blown site plan would not be needed.
Councilor Thibodeau asked for a better clarification of the new bullet for Section 42.2.8.1. Angela Beckman stated she understood it to read that if a person is approved for a minor site plan or plan of development, then the provisions of the section would be followed. Planning Director Cotellessa suggested removing the bullet and have the item read; “Use or development of property qualifying for a minor site plan or plan of development does not require submission of a site plan.” Mayor Schwarz felt it would make it clearer. Councilor Thibodeau agreed.
Mayor Schwarz asked if 60 days is reasonable under Section 42.2.8.11(g). Councilor Thibodeau asked if a good appeal could be made in 30 days. Town Attorney McRee stated it would be to file for an appeal. He stated that most jurisdictions only allow 30 days to appeal the Zoning Administrator’s decision. Town Manager Layton stated that 30 days is the length for all other appeals in the Town. Planning Director Cotellessa felt that 60 days is reasonable.
Angela Beckman stated that the DCBA is grateful for the work that the Planning Board has done on the ordinance. She stated she would send something out to their members telling them that the ordinance is favored by the DCBA. She handed a letter to Town Manager Layton that was written to the Council from the DCBA stating their support of the ordinance.
Planning Director Cotellessa reviewed the community appearance awards program and village improvement program with Council and the audience.
Mayor Schwarz asked if the two items would be part of the ordinance. Planning Director Cotellessa stated they wouldn’t. She stated they are extra programs. Town Manager Layton stated they could be included as part of the public hearing.
Mayor Pro Tempore Beres asked if there was something built into the programs that would encourage the shared drive concept. Planning Director Cotellessa stated it was discussed at the Planning Board meeting. She stated the program states that a committee is set up and then that committee sets up the awards.
Mayor Schwarz stated he had asked Town Manager Layton to put something on the website asking for volunteers in general. He stated he noticed other Towns have a need for volunteers and he felt the Town should take advantage of it as well.
DISCUSSION OF FILL MORATORIUM
Planning Director Cotellessa was recognized to speak. She stated she has not completed any draft regulations, is looking at what is coming from the hydrology committee and has had talks with Kevin Schwartz about the effects of fill and how it affects builders. She stated she has also had discussions with homeowners about issues with fill. She stated that all these aspects need to be filtered into any ordinance that will be done. She stated that more time is needed. She stated that Kevin Schwartz has one suggestion for Council that could be done in the interim. She stated his suggestion is for the Town to have the ability to exempt from the moratorium fill activities in excess of two feet if the fill is at no greater a height than the lowest of the adjacent properties.
Kevin Schwartz suggested that if the moratorium is extended, he asked that the suggestion be taken.
Planning Director Cotellessa stated that two properties in Four Seasons were inundated during the summer storms and decided to raise their buildings and add fill so they could build under it and meet height regulations. She stated that the Four Seasons Homeowners Association is reviewing these two plans pending the fill moratorium being lifted.
Planning Director Cotellessa stated the other issue concerns a couple who had met with her and want to put a pool in their yard but want to raise the pool around the bulkhead so that the pool is at the level of the ocean walkover and their second level deck. She stated that by doing so, they would have to put in a bulkhead and then fill the bulkhead more than two feet.
Kevin Schwartz asked if the couple have applied for a CAMA permit. Planning Director Cotellessa stated they haven’t.
Councilor Thibodeau asked for the address of the property that wants to raise the pool. Planning Director Cotellessa stated it is in the Tides subdivision.
Kevin Schwartz stated he would make a more formal proposal at the December 1, 2004 public hearing regarding his suggestions.
Mayor Pro Tempore Beres asked what the down side to allowing for the fill up to the lowest point of the adjoining properties. Planning Director Cotellessa stated the Town has gone for a long period of time allowing people to put in 4-5 feet of fill so they can build a lower level out of the flood zone. The effect was to raise the houses 4-5 feet above the height of the existing older houses.
Town Manager Layton stated that Planning Director Cotellessa had voiced a concern regarding homes in the Four Seasons subdivision where people have purchased homes with view sheds and now with the homes being raised, they will lose those views.
Councilor Caviness asked if people want the fill so their homes will be out of the water or because they want to be able to build underneath. Kevin Schwartz stated they want three levels of habitable space.
Planning Director Cotellessa suggested that Council look at a site on Marlin Drive that is wooded and undeveloped. She stated that the site is best viewed on Poteskeet Drive and the person who owns it would like to build on it, but it would require approximately 35 feet of fill.
Mayor Schwarz stated that the problems cannot be solved in the next two weeks or the next two or three months. He stated that more time is needed for a recommendation. He stated that his feeling was that if Planning Director Cotellessa can come up with a valid exception to the moratorium he would support it. He stated it would have to be clear what is being exempted or excepted. He stated that if there will be exceptions made to the moratorium, they would have to be very clear for Council.
Mayor Pro Tempore Beres felt the moratorium needed to be extended for solutions regarding exceptions. Planning Director Cotellessa stated she would provide a few clear options and their meaning.
DISCUSSION OF THE SUBMISSION OF PROPOSED ITEMS FOR THE JANUARY 19th RETREAT
Mayor Schwarz stated the retreat will be on January 19, 2005. He stated it will be a one-day session and asked Council to get their input by December 1, 2004 as to what could be discussed. He stated he would like for each Council Member to articulate what they feel are the priorities for the Town for the next year.
Kevin Schwarz asked where the retreat will be held. Town Manager Layton stated it will be held at The Sanderling and lunch will be provided.
Mayor Schwarz asked Council if they have other items they wish to discuss to get them to Town Manager Layton so an agenda could be organized.
ADJOURNMENT
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 3:00 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor