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, March 15, 2006.
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; Town Attorney Donald I. McRee, Jr.; Planning Director Sue Cotellessa; Planning Board Chairman Ron Forlano; and Deputy Town Clerk Lori Kopec.
The meeting was called to order by Mayor Morrison at 1:00 p.m. He pointed out that a Closed Session had been added to the end of the meeting.
Town Manager Christopher Layton was recognized to speak. Town Manager Layton stated that during the Retreat, a variety of planning items were on the agenda for discussion with possible referral to the Planning Board. He stated that Council did not get an opportunity to discuss all of the items at the Retreat and that they would be discussed at this meeting.
Town Manager Layton suggested that Council consider a time limit to discuss the items and if the discussion cannot be completed, continue the items to another work session.
Mayor Morrison asked how much time Town Manager Layton needed for his CIP presentation. Town Manager Layton stated he would need approximately ten (10) minutes.
Mayor Morrison pointed out that Closed Session could be lengthy. He stated he would play it by ear with the discussions.
House Size
Planning Director Suzanne Cotellessa was recognized to speak. Planning Director Cotellessa stated that the discussion began at the Retreat and was further discussed at the March 1, 2006 Council meeting. She stated that staff has been gathering data and information with respect to house size and house improvements and will be bringing back an analysis at a later date.
Lot Coverage
Planning Director Cotellessa stated that staff pulled out all of the building permits since the Town began enforcing regulations after the moratorium in July 2003. She went on to review the building permits with Council and the audience.
Councilor Caviness asked if a typical addition would be filling in the underside of a home and adding bedrooms. Planning Director Cotellessa stated that it was a combination of things. She stated that in the past six to nine (6-9) months, there has been a lot of filling in the lower level in anticipation of changing flood regulations. She stated that there are not just bedroom additions, but there have been additions that have enlarged a kitchen or existing bedroom to add a bathroom.
Planning Director Cotellessa reviewed the purposes of lot coverage limitations with Council and the audience. She stated that at the Planning Board’s March 8, 2006 meeting, there was plenty of discussion with respect to lot coverage. She stated the Planning Board wished to bring the issues to Council in advance of the lot coverage discussion. She stated that a draft ordinance, recommended by the Planning Board, was included in Council’s packets. She stated that the ordinance changes the area that is used for determination of lot coverage for ocean front houses to measure it from the first line of stable natural vegetation, rather than to the mean high water mark. She stated that this will bring the regulation in line with all of the other jurisdictions on the Outer Banks and with the State CAMA regulations. She stated that each of the items that are recommended by the Planning Board as well as all changes from now on in the Zoning Text, Conditional Use Permit and Rezoning need to state the support in the Town’s adopted comprehensive plan for the recommendation.
Planning Director Cotellessa stated that the other issue that the ordinance addresses is driveways and lot coverage. She stated that each residential single family home is required to have a certain amount of driveway and parking spaces. She stated that whether the spaces and driveways are made of concrete, gravel or turfstone, they limit the opportunities for natural vegetation and open space on the site. She stated that most of the other towns count required driveways in lot coverage. She stated that the Planning Board has recommended the same with the ordinance.
Planning Director Cotellessa stated that it would be up to Council whether a public hearing on the ordinance would be scheduled.
Councilor Smith asked what the average decrease is in lot size on an oceanfront lot, based on the stable natural vegetation line versus mean high water. Planning Director Cotellessa stated that she did not know the answer. She stated that the mean high water mark is usually measured out into the water. She stated that in areas where the beaches are deeper, the line would be different from areas that have narrower beaches.
Councilor Smith asked if the existing oceanfront homes are grandfathered. Planning Director Cotellessa stated that he was correct. He asked what would happen if one of the homes were destroyed by a hurricane. He asked if they would have to be accountable to the new lot size. Planning Director Cotellessa stated that the Town has regulations to protect existing nonconformities to the extent that the home meets the CAMA requirements as well as the flood regulations. They would be able to rebuild the house itself, but not necessarily the pool.
Town Manager Layton asked if it would have to be documented. Planning Director Cotellessa stated that that it would by way of an as-built survey. She stated that most of the new homes that are being built will require an as-built survey as the Town goes through the process.
Councilor Caviness pointed out that it was brought up before that some homeowners do not have as-built surveys and that they should be encouraged to have them.
Councilor Smith asked what the decrease would be in square footage of an eight (8) bedroom versus a six (6) bedroom home and the parking requirements. Planning Director Cotellessa stated that a parking space has to be two hundred (200) square feet. She stated that driveways would differ depending on how far the setbacks are. She stated that for a six (6) bedroom house versus an eight (8) bedroom house, six bedroom sleeping twelve, eight bedroom sleeping sixteen, four hundred (400) square feet less would be needed for the driveway.
Mayor Pro Tempore Thibodeau asked how the changes relate to the CAMA regulations. Planning Director Cotellessa stated that CAMA establishes the areas of environmental concern from the first line of stable natural vegetation and measures house setback based on it. She stated that CAMA does not regulate lot coverage within the oceanfront area of environmental concern, but does for soundfront areas. Mayor Pro Tempore Thibodeau asked if CAMA dictates how far the house has to sit back from the ocean. Planning Director Cotellessa stated she was correct.
Ron Forlano was recognized to speak. Mr. Forlano asked if CAMA controls the setback on pools from the vegetation. Planning Director Cotellessa stated that he was correct.
Mayor Pro Tempore Thibodeau asked if a pool can be put in an area of environmental concern. Planning Director Cotellessa stated that a pool can be put in an area of environmental concern, but it has to be landward of the first line of stable natural vegetation. Mayor Pro Tempore Thibodeau asked if the pool still counts as lot coverage. Planning Director Cotellessa stated that she was correct.
Town Manager Layton asked Council if they wished to authorize holding a public hearing on the ordinance or did they wish to have additional discussion as far as scheduling a public hearing in April at the April 5, 2006 meeting.
Councilor Caviness asked if there was adequate time to advertise for a public hearing at the April 5, 2006 meeting. Town Manager Layton stated there was.
Councilor Smith asked if the hearing would still be held as long as the verbiage in the ordinance remains the same. He asked if there was a change in the verbiage, would it change the date of the public hearing. Town Manager Layton stated that if the verbiage is changed, it could still be advertised for a public hearing. He stated that after the public hearing, depending on the changes, there could be a requirement for a second public hearing.
Mayor Morrison asked if the changes to the ordinance were the ones in red ink. Planning Director Cotellessa stated the changes are from current language in the Zoning Ordinance.
Mayor Pro Tempore Thibodeau pointed out that this would be the third (3rd) time that Council has adjusted the ordinance in regard to parking since the Zoning Ordinance was adopted. Town Manager Layton stated that the parking has changed, but the goal was to encourage pervious surfaces so overall lot coverage would be bound by the ordinance. He stated that by granting a credit for a pervious driveway, it was being transferred to a pool or a larger building and it wasn’t being translated into less lot coverage.
Councilor Caviness asked if there has been an effort to get at a reduction in house size by several different means in the past. Ron Forlano stated that there has, but that nothing has worked. He stated that the Town keeps throwing obstacles out, but there always seems to be a way around it.
Mayor Pro Tempore Thibodeau asked if the ordinance incorporates substantiation of the Land Use Plan into the language. Town Manager Layton stated that the law changed effective January 1, 2006, and requires the inclusion of references to the Land Use Plan in zoning amendments.
Councilor Lindley read a portion of the ordinance that referenced amending the Zoning Ordinance to Council and the audience.
Town Manager Layton asked if the Planning Board understood there were still issues with house size lingering and that this ordinance should come forward. Planning Director Cotellessa stated that the Planning Board thought the two items were right to come forward. She pointed out that there are folks who are in the process of putting plans together for houses before the ordinance goes into effect. She suggested that Council think about moving forward with the public hearing. She stated that Council can consider adopting the ordinance and making it effective in May or June or it can be made effective immediately.
Councilor Caviness stated that the large structure moratorium really hurt the Town as the Town gave a sixty (60) day grace period to make allowances for people, which did not work. She wanted to know what type of exceptions or extensions would be needed. Planning Director Cotellessa stated that she is passing on what she has heard from builders and developers as well as information from the Planning Board so Council could make their decision. She stated that when the public hearing is held, it will be an issue as people will be coming in to voice their concerns. She suggested that Council start to think about how they want to deal with it.
Mayor Morrison pointed out that the mean high water mark could be out in the ocean. He asked if it was due to erosion. Planning Director Cotellessa stated he was correct. She stated that it is measured by establishing a certain number of feet above sea level and plotting the lot to that point.
Mayor Pro Tempore Thibodeau asked if new construction, over six (6) bedrooms has occurred on a fifteen thousand (15,000) square foot lot. Planning Director Cotellessa stated that the Town’s code limits construction on a fifteen thousand square foot lot to six bedrooms.
Councilor Caviness moved to proceed with holding a public hearing on April 5, 2006 on proposed Ordinance 06-02 as presented.
Mayor Pro Tempore Thibodeau stated that she hoped there would be a good turnout for the public hearing.
Motion carried 5-0.
Maximum Driveway Width/Number of Curb Cuts Permitted
Planning Director Cotellessa stated that she had taken some language from the Towns of Kill Devils Hills and Kitty Hawk with respect to limitations of driveways. She stated that many of the properties are having wider driveways to achieve the most number of parking spaces needed that are close to the front of the property. She stated that some lots have a seventy-five (75) lot width with fifty (50) feet of driveway. She stated that in many of the other jurisdictions, the curb cuts are limited to twenty (20) feet and have them fan out once onto the property to limit the impact of finished surfaces. She stated that it is a difficult task to accomplish when the Town is pushing forward the houses because the swimming pools are pushed forward to keep them within the setbacks. She stated that some lots have circular driveways with two (2) curb cuts. She suggested that Council recommend this issue to the Planning Board to see if it is something the Town should consider regulating.
Councilor Lindley wondered if curb cuts have any effect on stormwater. Planning Director Cotellessa stated that she was discussing the number of accesses to a lot from the street. Councilor Lindley asked if most driveways angle toward the street. Planning Director stated that some do not. Town Manager Layton pointed out that the front area of the Town property has a large area for parking and with stormwater, it is important to have contact with pervious surfaces. He stated that having a large area of concrete at the front of a home, would force the water to travel further and not be absorbed. Planning Director Cotellessa stated that some communities require the driveway apron coming from the street to the house be concrete, while some will require gravel.
Mayor Pro Tempore Thibodeau stated that Council should encourage permeable surfaces for driveways. She suggested rewarding homeowners who put in permeable surfaces by giving them some relief on curb cuts and/or a parking space. She stated that by a homeowner having a permeable driveway, they would be able to collect their own stormwater. She stated that she would like to see some incentives given towards using permeable surfaces.
Councilor Smith asked if an incentive program was done previously. He asked if the Town implemented the program but the homeowner still put concrete down. Planning Director Cotellessa stated that the Town had previously not counted the coverage for the gravel driveways so it could be put towards the pool concrete or the home. She stated that allowing it as a lot coverage was not working. She stated that if a different incentive could be obtained, it may be doable. Town Manager Layton felt that the incentive would be a good idea. Planning Director Cotellessa stated that it should be a creative incentive program. Councilor Smith agreed and felt the Town has been taken advantage of in the past. Planning Director Cotellessa suggested allowing stacking of two (2) parking spaces outside the footprint of the house as an incentive.
Councilor Caviness stated that some of the stacking of the parking helped shape the health and safety issues along with the problems of cars having to move in an emergency. Planning Director Cotellessa stated that she was referring to stacking the spaces outside of the drive aisle.
Mayor Pro Tempore Thibodeau agreed with Planning Director Cotellessa’s comments. She stated that not all of the spaces would be allowed to be stacked. She stated that by limiting lot coverage, more open space is created. She stated that this would allow the homeowner to use more open space if they have a challenging shape or sized driveway. Planning Director Cotellessa stated that if someone can come onto a lot with a fairly narrow driveway and turn ninety degrees (90º) both ways and stack two cars, it would not create forty (40) feet of filling the lot.
Councilor Caviness asked if the problem has been with lots that are level with the street as opposed to ones that have a steep driveway. Planning Director Cotellessa stated that oceanfront lots have issues as the lots go up and the parking goes off to the side. Trying to use gravel creates a lot of drift. She stated that the proposed regulations with the Planning Board would allow them to use concrete to stabilize the parking.
Councilor Smith stated that if there is a permeable surface between the driveway and the street, it would reduce the stormwater runoff.
Mayor Morrison agreed with Planning Director Cotellessa’s suggestion that this issue be handed down to the Planning Board.
It was consensus of Council to send the issue to the Planning Board.
Ocean/Sound Overlay Districts
Planning Director Cotellessa reviewed sections of the Town’s Land Use Plan with Council and the audience. She stated that the Land Use Plan states that the Town should develop, adopt, enforce and amend an ocean shoreline overlay district. She stated that the Town could regulate activities and uses within one thousand (1000) feet of the ocean and sound shoreline. She stated that the Town could adopt regulations as to what uses should be in those areas. She stated that a few of the other jurisdictions have these regulations.
Mayor Pro Tempore Thibodeau asked if this discussion is due to an issue happening within the Town. Planning Director Cotellessa stated that the Land Use Plan has a goal and objective of ensuring a safe and environmentally friendly use of the water on ocean and sound front properties. She stated that the Town had set out a series of policies and objectives for doing it. She stated that with the Town constructing a soundside boardwalk, Council needs to think of issues such as jet skis, sea planes and even billboards out in the water.
Mayor Pro Tempore Thibodeau asked if there are towns that have billboards out in the water. Planning Director Cotellessa stated that there were. Town Attorney McRee stated that the Town of Nags Head had a legal battle a few years ago with a billboard that was out on the sound.
Planning Director Cotellessa stated that the issue was not precipitated by a problem the Town is having. She stated that it was something that was developed in the Land Use Plan in order to protect those areas.
Mayor Pro Tempore Thibodeau asked if the Town of Nags Head prohibits sea planes. Town Manager Layton stated that sea planes cannot be prohibited, but the landing and speed can be regulated as well as where the planes are allowed to land. He stated that once the sea plane lands, it is considered a boat.
Councilor Smith asked if the other towns have a solid plan that deal with sea planes. Planning Director Cotellessa stated that she did not have all of the information and is still gathering information, but would bring it forward as a discussion.
Mayor Pro Tempore Thibodeau stated that she didn’t want to overburden the Planning Board with a lot of projects. She asked if the items should be prioritized. Planning Director Cotellessa stated that it would be a work program where she would work with the chairman to develop a timetable. She stated that if Council has priority issues, it would be important to identify them. Town Manager Layton agreed.
Councilor Caviness thought that as a stated objective of the Land Use Plan, the reality of the park and the future of the soundside boardwalk, it needs to be a priority for the Town in the next few months.
Mayor Pro Tempore Thibodeau asked if the Town was trying to enhance or extend existing ordinances to try to limit activities. She didn’t think the Town should copy what the Town of Nags Head adopted.
Mayor Morrison suggested addressing aviation fuel storage in a residential area. He stated it will be interesting to find out what other seaside towns have done with regard to sea planes.
Councilor Smith stated that fuel at any place that has jet skis are closely monitored by the U.S. Coast Guard as well as the EPA.
It was consensus of Council to send the issue to the Planning Board.
Tree/Vegetation Preservation
Planning Director Cotellessa stated that other jurisdictions are looking at tree preservation ordinances although she has an avoidance to putting in the Zoning Ordinance a tree preservation ordinance that is similar to the Town’s sand dune preservation ordinance. She stated that the sand dune ordinance basically states that sand dunes may not be disturbed unless they are in the way of a house. She stated that if the Town does not want to deal with sand dunes or trees that are in the way of houses, she didn’t want to have an ordinance stating that trees should be saved to the maximum extent possible as someone would come in and say it would need to be removed. She stated that the Town can look at solutions with regard to condemnation of tree preservation and do a combination of incentives and education. She stated that some tree preservation ordinances are not practical. She stated that she is a certified arborist and would have no problem recognizing and figuring out what to do with trees. She stated that from a practical standpoint, it doesn’t mean they should all be saved. She thought the Town should do something to encourage saving trees as part of the vegetation and stop the clear cutting and sodding due to the problems with stormwater. She stated that the Town needs to encourage trees as well as planting and preservation when practical. She suggested the Town forming a small committee. She stated she would like this item to be passed down to the Planning Board as well.
Mayor Pro Tempore Thibodeau asked if replanting would be satisfying for a community. Planning Director Cotellessa stated that at maturity, the site has to have ten percent (10%) coverage with trees. She stated that saving a few big trees could accomplish that task, planting some smaller trees would work and planting medium size trees would require less. She stated that the homeowners are entitled to do what they want on their lots but the community does have an interest in ensuring a tree canopy throughout the community. She stated that a pure sod lot is not healthy for the Town’s environment.
Mayor Pro Tempore Thibodeau asked if an incentive program could be used to encourage and reward people for planting trees. Planning Director Cotellessa stated that it may not work. She stated that a town does not establish a standard. She stated that the Town has bought brochures on trees, which are available to the public and will also be available for the Arbor Day activities.
Councilor Caviness asked if any communities have declared themselves something similar to a bird sanctuary, but using trees instead. She asked if those efforts have made a difference in a community. Planning Director Cotellessa stated that if a community has a good tree maintenance program, it could have something like that. She stated that there are grant programs to help with tree plantings. She pointed out that the municipal property was a good example in that a lot of the trees are being preserved. She stated that if the Town makes a requirement like it has for the commercial district with regard to planting trees, it should also apply to the residential properties.
Councilor Smith thought it would be an advantage to have trees and permeable surfaces for stormwater management. He agreed with Mayor Pro Tempore Thibodeau’s comments on an incentive program for planting and maintaining trees.
Ron Forlano pointed out that by having an incentive program; the Town is once again playing with lot coverage. He stated that it in theory it would be great, but asked in practicality, what the Town would give up as the incentive. He stated that it always boils down to the big issues – lot coverage and size of a home. He stated that that is where the problem is with incentives.
Planning Director Cotellessa stated that the Town did do a zoning text amendment to allow special exceptions for parking around trees. Mayor Pro Tempore Thibodeau asked if anyone has taken advantage of the special exception. Planning Director Cotellessa stated that no one has but that she has recommended it a couple of times.
Councilor Smith stated that he didn’t see how trees have anything to do with lot coverage. He stated that stormwater is stormwater regardless of whether or not a house is on a lot. He stated that stormwater can be used to control the lot coverage. He stated that the more nonpermeable surfaces on a lot, the more stormwater that is being displaced and has to be controlled. He didn’t know how the preservation of trees had anything to do with encouraging more lot coverage. Planning Director Cotellessa stated that stormwater is related to trees. She stated that the discussion was regarding lot coverage regulating the open space on a lot that isn’t encumbered by a manmade driveway or pool, but doesn’t say that a tree needs to be put in. She stated that the tree preservation is getting at ensuring some kind of a canopy be put in place throughout the community and is not limiting lot coverage.
Mayor Pro Tempore Thibodeau pointed out that there are areas that are very dry and cannot accommodate tree planting that will survive over the years. She wanted Council to be aware of that. She stated that she did not want the Town to be like a “big brother” where the Town would be telling people what type of trees they should plant.
Councilor Lindley suggested providing a list of things for people who move to the area to know what trees and plants grow on the Outer Banks. Councilor Caviness agreed and felt that some guidance would be helpful.
It was consensus of Council to send this issue down to the Planning Board.
Village Commercial District
Uses Permitted and Permitting Process
Mayor Morrison asked what should be done in regard to the Village Commercial District agenda item. Town Manager Layton stated that Mayor Pro Tempore Thibodeau had asked for an overview on the issue as part of the Retreat. He stated that the intent was to provide an overview.
Planning Director Cotellessa stated that Council had a communication in their packets from the Planning Board on the process where the joint work sessions have not been as positive as everyone had expected. She stated the Planning Board is recommending that the joint work sessions be removed and that Council directs the Planning Board to draft a proposed revision to the Village Commercial Development Option regulations. She stated it would remove references to a joint work session and would provide Council with the Planning Board’s recommendations on zoning text amendments to be scheduled for public hearing and consideration.
Mayor Morrison stated he had no objection to what the Planning Board was recommending.
Councilor Lindley moved to do away with joint work sessions with the Planning Board.
Mayor Pro Tempore Thibodeau stated that the last joint work session was a very bumpy one. She stated that there should be an outline that people should follow.
Town Manager Layton stated that in a best case scenario, if the applicant brings in all of their paperwork, the process should be smooth. Mayor Pro Tempore Thibodeau agreed. She stated that she liked the idea of streamlining things but felt that Council should be encouraged to attend the Planning Board meetings and possibly not requiring the special joint work session.
Councilor Caviness pointed out that if Council is encouraged to attend, they will interject in a meeting that is not theirs.
Town Attorney McRee cautioned Council that when special use permits are considered, Council is sitting in as a quasi-judicial body, so Council could not have any part, communication or contact with any of the parties outside the context of a Council hearing. He stated that by Council attending the Planning Board meetings, it may lead to the communication and outside contact.
Councilor Smith felt it would allow the Planning Board to act on its own and address the topic being discussed without knowing that every word is being heard by Council. He felt by having Council attend the meetings, it limits the openness of the Planning Board’s meetings.
Town Manager Layton stated that with the last hearing, that happened. He stated that the original intent was to make the process a smoother transition by giving Council and the Planning Board an opportunity to give their opinion of the project so that if someone didn’t get to the Council level, they would have to start over. He stated that it did not work with the last hearing. He stated that if the joint work sessions do not allow for communications, it doesn’t meet the desired goal.
Planning Director Cotellessa felt the meetings were meant to be an iterative process in a work session setting so the applicant could sit with the Council and the Planning Board to get input. She stated that the last applicant wasn’t iterative and wanted their plan approved right away. She felt that if the process was more structured, it would work better.
Mayor Pro Tempore Thibodeau reiterated that an outline of the process should be in effect. She asked if the applicant would meet with the Planning Board during the conceptual phase without meeting with Council. Ron Forlano stated that all of the Planning Board meetings are very laid back. He agreed with Councilor Smith’s comments and thought that the members of the Planning Board felt intimidated when Council was part of the joint session. He stated that they couldn’t vent like they normally do at their meetings. He thought that the Planning Board would want to be able to vent and ask questions as well as having the applicant have the opportunity to tell the Planning Board what they intend to do. He stated that the idea was to let the Council know exactly where the Planning Board is coming from on the sticky issues.
Mayor Pro Tempore Thibodeau pointed out that the Planning Board had had a one on one meeting with the applicant before the joint work session. Ron Forlano stated that she was correct and that the Planning Board had two (2) meetings and that the second meeting was an opportunity to let Council know where the Planning Board was coming from. He wondered if it would be permissible for the liaison for the Council as well as the rest of Council to attend the meetings on all the issues and hear where the Planning Board is coming from. Town Attorney McRee stated that Council will get an idea of what the Planning Board’s decision is based on its report or the minutes.
Mayor Pro Tempore Thibodeau asked if the liaison would not be attending the Planning Board meetings anymore. Town Attorney McRee stated that the Council needs to be careful about the contact, communication and information it receives outside of the course of the hearing for Council. He stated that Council’s decision must be based solely on what the Planning Board recommends during the course of the hearing.
Mayor Pro Tempore Thibodeau stated that she would like to know where staff would be allowed to interject their comments. Planning Director Cotellessa thought that the whole discussion of procedures within the Village Commercial District could be sent down to the Planning Board to amend taking out the requirement for joint discussion but articulating the procedure of what the Planning Board discusses and the outcome.
Councilor Caviness stated that she supports different procedures being outlined in the ordinance. She thought that it should be made clear to the applicants that the process is a collaborative one and that they understand the expectations.
Councilor Smith felt it would be helpful to outline what is required for a submittal and the steps an applicant will go through. He didn’t think the last applicant wasn’t aware of the process, but that they came in with their own ideas and didn’t want to sway from that. He stated it was hard to stay on a professional level when the Town was dealing with an applicant that did not care about professionalism. He didn’t feel the previous applicant should be used to judge success or failure with a joint work session.
Councilor Lindley sensed that Council was at a turning point. He stated that prior to incorporation, things were easier and less structured and felt that people have not gotten the word yet. He stated that the previous applicant felt they were working by the old system. He stated that he felt that the reason the Town incorporated was to gain tighter control. He felt the process would improve over time by itself.
Town Manager Layton stated that Council should not lose sight of the Village Commercial Development Option ordinance. He stated that it is a unique ordinance that is innovative and is a positive one. He felt that the procedures should be worked on. He pointed out that the goal is to let people have flexibility with proper oversight of the Planning Board and Council. He stated that trying to fit a Village Commercial Development Option into a by-right process may not mesh as well as hoped because of the iterative nature of it.
Mayor Morrison suggested the Planning Board move forward and come back with a recommendation on how to tweak the ordinance to the Town’s benefit.
Councilor Lindley asked if his motion was still on the floor. Town Manager Layton suggested that the motion be amended or withdrawn.
Councilor Lindley moved to amend his original motion and moved to refer the entire matter regarding the Village Commercial Development Option to the Planning Board for their recommended improvements.
Motion carried 5-0.
Urban Waterfront
It was consensus of Council to table the issue of urban waterfront to a later meeting.
Permitting Process
It was consensus of Council to table the issue of the permitting process to a later meeting.
Additional Zoning Text Amendments Required by Changes to the N.C. General Statutes
Planning Director Cotellessa stated that a matrix was prepared by the Institute of Government that addresses all of the rules that have changed in Raleigh that affect the Town’s Zoning Ordinance. She stated that some of the things required are done by ordinance, some are done by practice and others are done by changes to the ordinance. She recommended that Council direct the Planning Board to review all of the items and bring forward any zoning text amendments they deem appropriate to incorporate the statutory mandates from the State.
Town Manager Layton asked if the changes are largely housekeeping matters for the Town. Planning Director Cotellessa stated that he was correct.
Mayor Pro Tempore Thibodeau moved to refer the additional zoning text amendments required by the changes to the NC General Statutes to the Planning Board as well as the subdivision ordinances for review and recommendation to Council.
Motion carried 5-0.
Mayor Morrison called for a five (5) minute recess. The time was 2:44 p.m.
OVERVIEW OF UPDATED CAPITAL IMPROVEMENTS PROGRAM
Mayor Morrison reconvened the meeting.
Town Manager Layton gave a short presentation on the overview of the updated Capital Improvements Program with Council and the audience.
Councilor Caviness asked who would be implementing the AED project. Town Manager Layton stated that if the Town moves forward with the project, he will be asking the new fire chief to take charge of the program.
Mayor Pro Tempore Thibodeau asked if the money for the construction of the soundside boardwalk would be for a continual study. Town Manager Layton stated that if the Town was ready to start the process of expanding the boardwalk, CAMA permits will need to be obtained, which will require additional help.
Mayor Morrison thanked Town Manager Layton for his presentation.
CLOSED SESSION
Mayor Pro Tempore Thibodeau moved to enter closed session 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.
Motion carried 5-0.
The time was 3:30 p.m.
ADJOURNMENT
Upon return from closed session, there was no further business to discuss.
Councilor Lindley moved to adjourn the meeting.
Motion carried 5-0.
The time was 4:30 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor