TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
April 5, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, April 5, 2006.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Denver Lindley, Jr.; and Councilor Bart Smith.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton, Planning Director Suzanne Cotellessa; Town Attorney Donald I. McRee, Jr.; Police Lieutenant Phillip Ferguson; and Deputy Town Clerk Lori Kopec.
ABSENT: Councilor Nancy Caviness.
Mayor Morrison called the meeting to order at 7:05 p.m. Mayor Morrison asked Councilor Smith to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
Mayor Morrison stated that it was great to have such a large turnout for the meeting. He stated that the Town of Duck was named by The Travel Channel as the eighth (8th) best beach for families in the United States, the fourth (4th) best beach in the world for visiting in the Fall of each year and named Duck as the number one (1) beach year-round on the southern coast of the United States. He stated that the Town has something to be very proud of.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments. He asked that all comments related to the public hearings be held off.
David Hoare of BD&A Realty was recognized to speak. Mr. Hoare asked Council to consider revising the stance on open house signs. He stated that the real estate industry is about to take a dramatic change in the market. He stated that the industry has been very lax in holding open houses by virtue of properties being sold quickly. He stated that the industry is now receiving letters from property owners concerned about the amount of open houses that are held. He stated that in order to get the exposure needed; open house signs need to be on the right-of-way to direct people into the neighborhoods. He stated that he is going to the various Council and Commissioner meetings, on behalf of the real estate industry, to try to have the Towns amend the policies to make it more viable for real estate clients to sell their homes. He felt it was important to realize what it takes to sell a property. He stated that by restricting a realtor’s ability to do their job, it stops them from being effective.
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 March 1, 2006 regular meeting and the March 15, 2006 mid month meeting. Mayor Morrison directed Council to review the minutes from the March 1, 2006 meeting for changes.
Mayor Pro Tempore Thibodeau moved to approve the March 1, 2006 minutes as presented.
Motion carried 4-0.
Mayor Morrison directed Council to review the minutes from the March 15, 2006 meeting for changes.
Councilor Smith moved to approve the March 15, 2006 minutes as presented.
Motion carried 4-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of SE-06-01, a Special Exception Permit Regarding the Operation of a Small Child Care Home at 105 Jaycrest Road
Mayor Morrison stated that the Council is a quasi-judicial body and therefore certain safeguards must be in effect. He stated that the public hearing is not a debate and turned the meeting over to Town Clerk Layton
Town Clerk Layton asked for those who were testifying to stand and be sworn in. He then proceeded to swear the people in.
Mayor Morrison recognized Planning Director Suzanne Cotellessa to speak. Planning Director Cotellessa stated that in May 2004 Vincenza George of 105 Jaycrest Road came before the Board of Adjustments to get permission to operate a small child care home in Duck. After it was approved for a two (2) year period, Council amended the Zoning Ordinance to make such hearings the decision of the Town Council in the future for the renewal. She stated that regulations require that renewal of the child care permit happen every two (2) years so that the Town could review the record with respect to consistency and conformance with conditions of the approval. She stated that the applicant has met all of the previous conditions of approval. Staff recommends approval to renew the permit for a two (2) year period as well as the Planning Board had unanimously recommended approval.
Mayor Morrison asked for public comments.
Victor White of Landmark Engineering was recognized to speak. Mr. White stated that he was representing Ms. George and would be able to answer any questions Council had.
Mayor Morrison asked the applicant if they had any questions for Planning Director Cotellessa. Ms. George stated that she did not.
Paul Tine of 306 West Villa Dunes Drive in Nags Head was recognized to speak. Mr. Tine stated that he has a child that attends Ms. George’s establishment. He stated that it was a service to the community to have Ms. George operating a business as consistently as she has.
Vincenza George of 105 Jaycrest Road was recognized to speak. Ms. George stated that she would like to continue the operation of her child care home.
Mayor Morrison asked if any other individual had any comments. There being no one else wishing to come forward, he closed the evidentiary phase of the hearing.
Mayor Morrison opened the floor for Council to deliberate.
Mayor Pro Tempore Thibodeau felt the packet that Council had received was very complete. She stated that she would be in favor of approving the permit.
Councilor Lindley moved to approve SE-06-01 based on the findings of fact as presented.
Motion approved 4-0.
Public Hearing/Discussion/Consideration of SE-06-02, a Special Exception for Parking in Accordance with Section 42.1 of the Zoning Ordinance of the Town of Duck for the Duck Soundside Shops at 1178, 1180-5 and 1180-6 Duck Road
Mayor Morrison turned the meeting over to Town Clerk Layton.
Town Clerk Layton asked for those who were testifying to stand and be sworn in. He then proceeded to swear the people in.
Mayor Morrison recognized Planning Director Suzanne Cotellessa to speak. Planning Director Cotellessa stated that Myra Ladd-Bone had bought two (2) condominium units at the Duck Soundside Shops and proposes to change them from retail to office space. She stated that by doing so, there is a special parking requirement for office space. She stated that the applicant has indicated that she has a limited number of homes that she manages and that she does not have property maintenance people coming to and from the office. She stated that the applicant feels that the mix of retail and office would be a good blend for the site. The Planning Board voted 3-1 to recommend approval. She stated that the application has a findings and recommendation that suggests the application be consistent with the Town’s Land Use Plan in relation to the types of uses permitted in that district and offers a series of conditions to make the parking reduction fall in line with the Town’s requirements for granting the reduction.
Planning Director Cotellessa stated that one of the requirements is to clean up the parking area, making it easier to maneuver around the parking lot. She stated that another requirement would be to take an environmental approach with regard to the septic field. Presently, people looking for additional parking are parking on the septic field and the permit would require the applicant to rope off that area to prohibit parking there. She stated that the applicant will be required to monitor the traffic flow on weekends at the site to make sure that people are directed to parking spaces as appropriate. Staff recommended in the original report and draft findings and conditions that the permit be valid for one (1) year with an opportunity to review what the impacts are at the end of the year regarding parking. She stated that the applicant requested at the Planning Board meeting to have the permit valid for two (2) years to be able to average the results. She stated that the Planning Board recommended approval of the permit for a period of two (2) years.
Mayor Morrison asked Council if they had any questions for Planning Director Cotellessa. Councilor Smith asked what the specific reasons were for the two (2) year versus one (1) year review period. Planning Director Cotellessa stated that at the Planning Board meeting it was indicated that in any particular year, an owner could have an abhorrent season with the beginnings of a new place. She stated that a two (2) year period would be a fairer look at averaging what the seasonal impacts will be.
Mayor Pro Tempore Thibodeau asked if the drainfield area would be landscaped better as part of the permit. Planning Director Cotellessa stated that people do park on the grassy area. She stated that applicant is proposing to put short posts and rope around the grassy area, which would block people from parking on the drainfield.
Mayor Morrison asked for public comments.
Bobby Outten of Sharp, Michael, Outten & Graham was recognized to speak. Mr. Outten stated that he is representing Ms. Ladd-Bone. He stated that he agrees that the use of the facility will not increase the traffic congestion and have negative impacts. He stated that they have experience as Ms. Ladd-Bone has an office in Kitty Hawk and Corolla, which do not have any traffic problems. He stated that the use of the office is approximately two (2) days, usually on the weekend, which is when retailers aren’t very busy. He pointed out that the parking space problem previously on the site was because the site was for retail and by having an office go in, it takes out the retail use, thus decreasing the parking. He stated that the conditions that are listed in the permit are acceptable to his client as she is prepared to meet all of them. He stated that the two (2) year period came from some discussion at the Planning Board meeting. He stated that what they were trying to accomplish was to have a way for the Town and the applicant to protect themselves from a problem. He stated that by having the two (2) year period, they would have an opportunity to correct any issues. He requested that Council approve the permit as recommended by staff and the Planning Board. He stated that they have spoken to all but one (1) owner of the condominium and they are fine with everything and some have agreed to help with the issues.
Mayor Morrison asked if any other individual had any comments. There being no one else wishing to come forward, he closed the evidentiary phase of the hearing.
Town Attorney McRee suggested that the evidentiary phase of the hearing be reopened to have Council ask the applicant questions. Mayor Morrison reopened the evidentiary phase of the hearing for Council to ask questions of the applicants.
Councilor Smith asked Ms. Ladd-Bone what kind of build out is still required to change the units from retail to office. Ms. Ladd-Bone stated that there aren’t any structural changes that have to be done. Councilor Smith asked when her estimated opening date would be if the permit was approved. Ms. Ladd-Bone stated that upon approval, she would have to apply for a building permit before they could open. Councilor Smith asked if she was hoping to be open for this coming season. Ms. Ladd-Bone stated she was.
Mayor Morrison asked Council for any other questions of the applicants. There being none, he closed the evidentiary phase of the hearing.
Mayor Morrison reopened the evidentiary phase of the hearing to have another individual sworn in. Town Manager Layton swore in the individual.
Cyndi Brightbill of Surfside Casuals was recognized to speak. Ms. Brightbill stated that her store is adjacent to Ms. Ladd-Bone’s office. She welcomed Ms. Ladd-Bone to the complex and agreed with everything except the parking on the septic area. She stated that she was concerned about roping off that area as people have been able to park there for the past twenty (20) years without a problem. She stated that by eliminating that space, it will jeopardize the shopowners tremendously during the summer months. She stated that she wasn’t aware that the drainfield was even an issue and did not agree with roping it off.
Planning Director Cotellessa pointed out that parking on a septic system is against State law. She stated that it is not consistently enforced by the Dare County Health Department as there aren’t enough people to monitor everything.
Town Attorney McRee suggested giving the applicants an opportunity to question the witness. Bobby Outten stated that he did not have any questions but pointed out that they are at the Council’s pleasure with regard to the septic area and meeting the requirements.
There being no further questions, Mayor Morrison closed the evidentiary phase of the public hearing.
Mayor Morrison opened the floor for Council to deliberate.
Mayor Pro Tempore Thibodeau thought that the information was very complete. She found it interesting that changing the space from retail to office required giving up two (2) parking spaces. She agreed that the mixed use of the site will help the parking situation. She stated that she would support the permit as presented.
Councilor Lindley stated that based on what Planning Director Cotellessa had pointed out about parking on the septic field that Council should keep the requirement of roping off the area to obey the law.
Councilor Smith had a change to Condition 4 as the language was very open-ended and vague. He suggested changing the language to have a rope style system with posts around the septic field and remove “similar site feature” from the Condition.
Mayor Morrison felt that two (2) years was a reasonable time for the permit. He stated that the Town will not allow parking on the septic drainfield.
Councilor Smith moved to approve SE-06-02 as presented based upon the findings of fact with the exception of the proposed order of Paragraph 4 under Conditions, striking the words “…or similar site feature…”
Motion approved 4-0.
Public Hearing/Discussion/Consideration of ZTA-Sign, Ordinance 06-01, a Zoning Text Amendment to Article VI, Section 44, Adding a New Section 44(f)(7) to Enact Provisions for Sign Special Exceptions and to Amend Article III, Special Exceptions and Modifications Generally, by Revising Section 24.2 to Allow for Administrative Approval of Minor Errors in the Location of Site Features, Including Signs, on Commercial Lots
Planning Director Cotellessa was recognized to speak. Planning Director Cotellessa stated that in March 2006, the Council referred to the Planning Board a review and discussion of the Zoning Ordinance amendment and at its March meeting, the Planning Board reviewed the draft ordinance and recommended that Council adopt the ordinance.
Planning Director Cotellessa stated that the Planning Board found the features of the ordinance consistent with the CAMA Core Land Use Plan, objectives and policies laid out with respect to public health, safety and welfare and signage. She stated that a person could ask for a special exception for signage if they have a unique situation that is not reasonably and adequately addressed by the Town’s ordinances. She stated it would also amend existing regulations with respect to errors in building setbacks to expand and include signage.
Town Attorney McRee pointed out that with this public hearing, Council sits as a legislative body and would not have to swear people in.
Mayor Morrison asked if anyone wished to comment on the public hearing. There being no one wishing to speak, he closed the public hearing.
Mayor Morrison opened the floor for Council to deliberate.
Mayor Pro Tempore Thibodeau stated the ordinance would be a benefit to everyone.
Councilor Lindley moved to approve Ordinance 06-01 as presented.
Motion approved 4-0.
Public Hearing/Discussion/Consideration of ZTA-LTCOV, Ordinance 06-02, a Zoning Text Amendment to Amend Article I, Section 2, Definitions, to Revise the Definitions of Lot Coverage and Lot Area related to Driveways and Parking Areas and the Determination of Lot Area as it Relates to Oceanfront Properties
Planning Director Cotellessa was recognized to speak. Planning Director Cotellessa stated that the Planning Board has been discussing for the past ten (10) months a number of issues related to lot coverage and house size. She stated that the Town has been discussing issues related to lot size with respect to the Land Use Plan for the past three (3) years and setting policies at the direction of the Town. At the Council Retreat in January 2006 and a subsequent meeting, various topics had been discussed related to lot coverage and house size.
Planning Director Cotellessa stated that on March 8, 2006, the Planning Board, on its own initiative, voted unanimously to send to the Council a draft ordinance that would accomplish things that the Planning Board believed were ready for consideration. She stated that the proposed zoning text amendment lists a series of references to the Town’s Land Use Plan that supports the proposed ordinance for Council’s review and approval. She stated that there were two (2) major effects of the ordinance. One (1) was to include within the definition of lot coverage for all properties within the Town, all driveway and parking areas regardless of their composition. The second feature of the ordinance would change the definition of lot area for the purposes only of determining lot coverage for oceanfront properties so that the lot area would be measured from the first line of stable natural vegetation landward as opposed to from the mean high water mark landward. She stated that a series of letters and emails have come in on the issue, which have been given to each Council member.
Mayor Morrison stated that a number of individuals had signed up to speak at the hearing and he would call each person when it was their turn to speak.
Bobby Outten of Sharp, Michael, Outten and Graham was recognized to speak. Mr. Outten stated that he was representing two (2) clients that own oceanfront properties. He stated that the proposed ordinance has some unintended consequences that need further thought. He stated that his clients own a property in Snow Geese Dunes that is about 19,432 square feet on the oceanfront. He stated that it has a thirty plus (30+) year old house that will need to be rebuilt due to age. He stated that under the current Town ordinance, the lot could have a four to six (4-6) bedroom house and be compliant. He stated that the proposed way to measure lot coverage would reduce the area of useable area of property on the lot from 19, 432 square feet to 10,732 square feet, which would be a reduction of 8,700 square feet, which is a forty-five percent (45%) reduction in the size of the lot. He stated that by reducing the lot and applying the thirty percent (30%) lot coverage would result in sixteen percent (16%) lot coverage on a 19,000 square foot lot. He stated that this doesn’t include any other changes regarding impervious surfaces. He stated that he understands the Town’s goals but didn’t believe that this is the Town’s intention. He stated that redevelopment would be virtually impossible on the lot. He stated that he understands the reasons behind the change, but the change would make life difficult for homeowners. Mr. Outten went on to list some alternative suggestions to the ordinance to Council and the audience. He also asked that Council not take any action on the proposed ordinance and do some additional research to determine what the unintended consequences would be.
Leslie Gilmore of Exit Outer Banks Realty was recognized to speak. Ms. Gilmore stated that she is not a resident of Duck nor is she a property owner in Duck, but her business is located in Duck. She stated that she is concerned about the proposed ordinance. She stated that she was not at the meeting to address the changes themselves, but to respectfully request a ninety (90) day grace period between the time the Town implements a building ordinance and/or land use change before it goes into effect. She stated that by having a grace period, it would allow time for changes to be made public and would allow residents and property owners ninety (90) days to apply for changes under the old rules. She stated that it would also afford licensed real estate agents an opportunity to inform their clients of the upcoming changes that could affect properties they own or would consider buying or selling. She stated that as a licensed real estate agent she is aware of the other issues in Town, but was blindsided by the proposed ordinance. She stated that she had contacted the Planning Board about the proposed ordinance and was told that it had been discussed for the past six (6) months. She went on to read excerpts of past Planning Board minutes regarding the ordinance to Council and the audience.
Mayor Morrison asked that anyone else that wishes to comment, to keep their comments to three (3) minutes.
Bob Gomez of 113 Knight Court in Kill Devil Hills was recognized to speak. Mr. Gomez agreed with the previous comments of Mr. Outten and Ms. Gilmore. He reiterated that by using the mean high water mark on a twenty thousand (20,000) square foot lot, thirty percent (30%) would allow a six thousand (6,000) square foot building area. He stated that by going by the first line of natural stable vegetation, it would only be a four thousand (4,000) square foot building area. He stated that he understands where the Town is coming from, but suggested that the Town come up with a compromise. He stated that the proposed ordinance blindsided him. He suggested giving people already in the process of obtaining a building permit a little more time to get the work done. He suggested that instead of taking out parking spaces, making them all concrete or count as lot coverage and encourage gravel parking or use an advanced septic system. He asked if the lot coverage area is decreased from twenty thousand (20,000) square foot to fourteen thousand (14,000) square foot on an oceanfront lot, would it allow only a five (5) bedroom home. Planning Director Cotellessa stated that he was correct with the way the ordinance is currently drafted. He stated that by decreasing the lot size, it would ruin rental income for property owners and would be a drastic hardship to people.
Carolyn Gaertner of 153 Marlin Court was recognized to speak. Ms. Gaertner stated that she wanted to reiterate the comments of Mr. Outten, Ms. Gilmore and Mr. Gomez. She stated that she has owned an oceanfront home for thirty (30) years and has paid taxes from the mean high water mark. She felt the calculations should be based on the mean high water mark. She asked Council if they were aware that property taxes had increased 123% this year. She complimented Council on how they are trying to keep the area a charming, beautiful area. She stated that she likes the Land Use Plan up to the second (2nd) change in Part II. She stated that it is not fair that only the oceanfront property owners will be affected by the ordinance. She suggested that Council grandfather the older properties in Duck. She stated that by passing this ordinance, the Town would be taking the homeowner’s property that they have worked so hard on. She asked Council to reconsider.
Stephanie Fisher of 134 South Snow Geese Drive was recognized to speak. Ms. Fisher stated that her family has been coming to Duck for approximately thirty-two (32) years. She stated that she objects to what Council is proposing. She stated that her family was going to sell their oceanfront home but after hearing about the proposed ordinance, they aren’t sure what they want to do. She stated that the Town would negatively impact them financially and economically as they wanted to take the money from the sale of their home and use it for college education for their twenty-one (21) grandchildren. She stated that by reducing the value of her home, the type of home that a person wants to build would not be possible. She asked Council to consider the ramifications of passing this ordinance as people will suffer from it.
Bill Marsh of 112 Quail Way was recognized to speak. Mr. Marsh stated that he has been selling real estate for many years. He stated that he agrees with what the Town is trying to achieve, but doesn’t agree with the method by which Council is going about it. He wondered what the character of Duck is. He asked if it was the business community along NC 12, the differences seen in all of the subdivisions, the diversity of houses with three (3) bedroom one (1) bath to eight (8) bedroom eight (8) bath houses with pools, the monstrosity at Founders Ridge and Wings, or does the Town go back Maurice Pease who worked at the old Duck Post Office. He stated that it is hard to define the character of Duck and it is also hard to define who has come up with the vision for the character of Duck. He asked if it was the guests, the owners or those that live in Town. He stated that everyone has a different idea of what the character of Duck is and thought that by limiting the size of houses, the Town was trying to hold to a criteria that hasn’t been fully defined. He stated that even though other towns measure oceanfront lots from the first line of vegetation, he questioned if anyone knows what the average size of the oceanfront lots are in the other towns and what the average size of an oceanfront lot in Duck. He asked if anyone has studied what the impact would be if the lot line was moved from the mean high water mark back to the first line of natural stable vegetation. He asked if anything has been done to limit the size of a home on a semi-oceanfront lot and how was it fair for only the oceanfront owners to be affected by the ordinance. He felt that the Town did not have enough facts to pass the ordinance. He recommended forming committees to do more studies on the impacts before moving forward.
Dave Stormont of 929 Kitty Hawk Road in Kitty Hawk was recognized to speak. Mr. Stormont stated that he has been a property owner in Duck since 1968 and asked Council not to move forward with the proposed ordinance. He stated that over the past three to four (3-4) years, Duck has done an admiral job with planning requirements and provisions. He didn’t see where this ordinance would help in any way or relieve any public safety issue. He recommended that Council not move forward or take any action on the issue.
David Buchanan of 103 High Dune Loop in Southern Shores was recognized to speak. Mr. Buchanan stated that his client owns an oceanfront lot in Duck. He went on to read a letter from his client – Ron De Milt – to Council and the audience, expressing his recommendation that Council not adopt the proposed ordinance as he would not be able to build the house he wants to build because of the ordinance. Mayor Morrison stated that he had received Mr. De Milt’s letter as well and after doing some research, it was determined that Mr. De Milt would be fine in building the house he wants to build on his lot. Mr. Buchanan disagreed and stated that his client could not with the driveway requirements. Mayor Morrison reiterated that Mr. De Milt would be fine.
Karen Barnett of BD&A Realty was recognized to speak. Ms. Barnett read names of her clients that are against the passing of the ordinance to Council and the audience.
David Hoare of BD&A Realty was recognized to speak. Mr. Hoare stated that he opposes the ordinance.
Tom Yates of 165B Buffelhead Road was recognized to speak. Mr. Yates stated he does not disagree with Council’s intentions but stated that he did not understand all of the implications of the ordinance. He stated that the rating that The Travel Channel had given the Town spoke very highly of how the Town is run. He stated that the phrase “if it ain’t broke, don’t fix it” may need to be looked at again. He stated that he has not seen or heard any detailed impact statements on how the ordinance will affect the lots. He asked what would happen if Duck is hit by a hurricane and homes need to be rebuilt and if the vegetation mark is suddenly moved back. He suggested that an impact study be considered before any action on the ordinance.
Cynthia Carroll representing Aimee and Michael Rivera of 136 North Snow Geese Drive was recognized to speak. Ms. Carroll read a letter from Mr. & Mrs. Rivera to Council and the audience, expressing their objection to the proposed ordinance and urging Council to study some alternatives.
Willo Kelly of the Outer Banks Homebuilders Association and the Association of Realtors was recognized to speak. Ms. Kelly stated that she had attended the last few meetings where the ordinance was discussed. She stated that at the Planning Board meeting, the major issue that was voiced was the size of the houses. She stated that she understood the ordinance to be of the intent to reduce the size of homes. She agreed that there is diversity in Duck and understood that the Town is afraid of large homes. She felt that by stating that the ordinance is the same in other towns is not true as the Town of Kitty Hawk does not have the issue due to the fact that the first line of vegetation goes out in the ocean. She stated that the Town of Nags Heads still allows twelve to fourteen (12-14) bedroom houses from the first line of vegetation. She thought that the issue is that the lots in Duck are a lot smaller on the oceanfront. She pointed out that the Town not only has to measure lot coverage based on where the lot area is measured, but other restrictions that the Town has imposed needs to be considered. She stated that the Town has already severely restricted oceanfront development with the parking and setback requirements. She stated that the Planning Board never discussed unintended consequences or impacts on average size of oceanfront homes, but that they wanted smaller homes. She thought that a study should be done on the regulations and what the Town really wants to accomplish.
Ali Durmaz of 103 Speckle Trout Drive was recognized to speak. Ms. Durmaz stated that she is a new oceanfront homeowner in Duck and bought the property without the intention of putting a large home on it. She stated that if she decides to sell it, the Town will be limiting the amount of money that she would make from the sale. She stated that she is also paying taxes on a large lot and asked if the County would reduce the taxes because she won’t have as much property.
Mary Lee of 167 Four Seasons Court was recognized to speak. Ms. Lee agreed that by imposing the ordinance it would have a huge impact on oceanfront homeowners. She agreed with Ms. Durmaz’s comments and disagreed with Council wanting to pass the ordinance.
Sam Adams was recognized to speak. He asked if Council would yield to speakers that have not signed up for the public hearing so it could be closed. Mayor Morrison stated that there were only three (3) more speakers and then he would let others speak.
Phil Hollywood of 105 Buffelhead Road was recognized to speak. Mr. Hollywood stated that he had bought oceanfront property years ago in Duck. He stated that at this point to hear about a “seizure” of his property, he urged Council to reconsider the ordinance. He stated that he did not see any penalties on any other properties in Duck beside the oceanfront ones. He urged Council to seek another way of addressing the problem.
Horace Layton of 103 Ocean Crest Way was recognized to speak. Mr. Layton complimented the Town on what has been done so far. He requested that Council postpone any decision until a study of the impacts to the Town can be done.
Sam Adams of Emporia, Virginia was recognized to speak. Mr. Adams stated that he is the mayor of Emporia. He thought that everyone has gotten the message from the public and complimented Council on trying to keep Duck as it is. He suggested Council study the issue further.
Ken Yarbrough of 101 Azalea Court was recognized to speak. Mr. Yarbrough stated that he is a new resident of Duck. He thought that everyone wanted to protect the character of Duck. He stated that he was glad that Council was taking up this important issue. He thought that maybe there should be more studying done but it should be done in an expedient fashion. He stated that Council will never be able to please everyone. He stated that the measurement from the vegetation lines should be consistent with other towns.
Leslie Gilmore was recognized to speak. Ms. Gilmore asked if the only other town that measures from the mean high water mark was the Town of Nags Head. Planning Director Cotellessa stated that the Town of Kill Devil Hills measures from the first line of stable natural vegetation as well as Southern Shores and Kitty Hawk. She stated that CAMA uses the first line of stable natural vegetation to measure oceanfront setbacks.
O.C. Fulcher of Fulcher Homes was recognized to speak. Mr. Fulcher stated that Kill Devil Hills allows forty percent (40%) lot coverage for residential and Nags Head allows thirty-three percent (33%).
Mayor Morrison asked if anyone wished to comment on the public hearing.
Mayor Morrison stated that the Council was operating one person short as Councilor Caviness was out of town. He stated that he appreciated everyone coming to the meeting.
Mayor Morrison moved to recess the public hearing until the mid-month meeting on April 19, 2006 at which time Council will hear further comments. He stated that at the end of the comments, Council will be able to discuss the issue in depth and decide which direction to move at that time. Town Manager Layton pointed out that the mid-month meeting is at 1:00 p.m.
Bobby Outten suggested that the meeting be held at night so more people could attend. Bill Marsh suggested a larger venue to hold the meeting, such as the Fire Department.
Mayor Morrison asked Council for their opinion on having the meeting at a different time or having it on the evening of April 19, 2006. Mayor Pro Tempore Thibodeau thought that Council would want as much public input as possible. She stated that as a Council, the issue has not been discussed. She stated that she was in favor of having an evening meeting on April 19, 2006.
Town Manager Layton stated that Council could recess the meeting to reconvene on April 19, 2006.
Town Attorney McRee cautioned that the time and place of the reconvened meeting should be advertised.
Mayor Morrison amended his original motion by moving to reconvene the meeting at 7:00 p.m. on Wednesday, April 19, 2006.
Councilor Lindley thanked everyone for attending the meeting.
Councilor Smith agreed with Councilor Lindley. He stated that he was impressed with the suggestions and civil tones of the members of the audience.
Motion carried 4-0.
SPECIAL PRESENTATIONS
Ginger Candelora, Executive Director, Interfaith Community Outreach, Inc.
Mayor Morrison stated that Virginia Candelora would be making a presentation.
Ginger Candelora of Interfaith Community Outreach, Inc. was recognized to speak. Ms. Candelora went on to give a short presentation to Council and the audience on the background of the Outreach and what their purpose is on the Outer Banks.
Ms. Candelora stated that they are going around to the different municipalities to introduce the organization. She stated she hopes that the Town would consider giving $5,000 as a way to be involved in the Outreach and put it in the budget.
Mayor Morrison thanked Ms. Candelora for her presentation.
Larry Barker, Community Care Clinic of Dare County
Mayor Morrison stated that Larry Barker would be making a presentation.
Larry Barker of the Community Care Clinic of Dare was recognized to speak. Mr. Barker went on to give a short presentation to Council and the audience on the background of the Clinic.
Mr. Barker asked that the Town try to find some money in their budget to help them. He stated that he would not ask for a specific amount but the Town of Kill Devil Hills has given one thousand dollars ($1000), the Town of Nags Head has given ten thousand dollars ($10,000) and the Town of Kitty Hawk has given one thousand dollars ($1000).
Mayor Morrison thanked Mr. Barker for his presentation.
Chuck Poe, Dare County Community Development Corporation
Mayor Morrison stated that Chuck Poe would be making a presentation.
Chuck Poe of the Dare County Community Development Corporation was recognized to speak. Mr. Poe went on to give a short update and presentation to Council and the audience on the CDC.
Councilor Smith asked if a police officer or teacher came forward to purchase a condominium and then had the need to sell the condominium, would they have to sell the unit to another police officer or teacher and at an affordable rate. Mr. Poe stated that if the unit is sold, it would have to be sold back to the CDC so the unit will continue to be affordable.
Mayor Morrison thanked Mr. Poe for his presentation.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Update on Municipal Property Master Plan Implementation
Paul Keller was recognized to speak. Mr. Keller gave a short presentation and update on the Municipal Property Master Plan implementation to Council and the audience.
Mayor Morrison thanked Mr. Keller for his update.
Discussion/Consideration of Resolution #06-05, a Resolution in Support of a CAMA Public Beach and Coastal Water Access Grant Application for the Town of Duck – Currituck Sound Access Site Phase II
Town Manager Layton stated that the Town has submitted an initial CAMA Major permit for the entire project and received comments from CAMA staff, which have been responded to. He stated that the Town will be resubmitting the application and will hopefully receive an administrative approval. If an administrative approval is obtained, it will greatly speed up the timeline for implementation.
Mayor Pro Tempore Thibodeau asked if May 2006 would be the time for the Town to send out for bids. Town Manager Layton stated that they hoped that once the Town receives the drive permit and site plan approval from the Town, bidding would be done immediately with construction beginning in May. He stated that it’s not a definite plan.
Town Manager Layton stated that Resolution 06-05 was for a second grant application to CAMA. He stated that the Town has received grant funding that will have to be supplemented for the first phase. He stated that the second phase of the grant would be for everything except the amphitheater, the playground, the public restrooms and the rebuilt Rogers house. He stated that the resolution is asking for $476,000 with a required match of $159,000. He stated that if Council approves the resolution, it will go into the final grant application to be submitted to CAMA for their discussion and approval.
Mayor Pro Tempore Thibodeau asked if it was anticipated that the funds may not be secured and if so, would the Town receive an extension. Town Manager Layton stated that the Town has an extension until the end of September 2006 and hoped to be able to expend enough money that an extension would not be needed.
Mayor Pro Tempore Thibodeau moved to adopt Resolution 06-05 as presented.
Motion carried 4-0.
Discussion/Consideration of Resolution #06-06, a Resolution of the Town Council of the Town of Duck, North Carolina, Proclaiming April 28, 2006 as National Arbor Day
Town Manager Layton stated that on April 28, 2006 the Town would celebrate National Arbor Day. He stated that there are several activities planned including a presentation by Susan Ruiz-Evans and a tour of the Municipal Property. He suggested that Council and the audience check the Town’s website for specific activities.
Councilor Smith moved to adopt Resolution 06-06 as presented.
Motion carried 4-0.
Discussion of Issues Related to the Compensation of Town Council
Mayor Pro Tempore Thibodeau stated that she and Councilor Smith have been working on researching the issue of compensation for Town Council.
Councilor Smith stated that he had contacted the other four (4) municipalities that compensate their Council members. He referenced the spreadsheet that was in Council’s packets on what each Town compensates their Mayor, Mayor Pro Tempore and Council members on a monthly basis. He stated that the only municipality that operates on a per-meeting basis was the Town of Kitty Hawk. He stated that he had ranked each municipality on how they pay their mayors and Council members with the Town of Nags Head being the municipality that compensates the most and the Town of Kitty Hawk compensating the least. He stated that the average monthly payment for the mayor was $518.25, for the mayor pro tempore was $436.50 and for each individual Council member was $380.00. He stated that each is paid via the Town’s payroll and receive W-2’s. He stated that a provision is included that will allow for increased cost of living.
Mayor Pro Tempore Thibodeau stated that the figures are in general terms as they do not have all of the specifics. She stated that they would be figuring in round numbers to fit in with the other towns as well as paying on a monthly basis to keep things simple. She stated that she has contacted the Board of Elections and they have the Town on hold while two (2) issues are being resolved – whether or not it is too soon to have another ballot to vote on and what the deadline would be to get on November’s ballot. She asked Town Attorney McRee for input on the language for the ballot. Town Attorney McRee stated that the language is derived from the Town’s charter. He stated that the last time, the language was taken directly from the charter.
Mayor Pro Tempore Thibodeau suggested language that stated “Do you favor or approve of a change in the Charter of Duck to allow for compensation of Council members?” She stated that she would like to streamline the language for the ballot so it wouldn’t be confusing to the public. Town Attorney McRee stated that the word “honoraria” was the word that was confusing. He suggested leaving that word out. Mayor Pro Tempore Thibodeau asked if it would be beneficial to state that the Charter would change. Town Attorney McRee stated that the Charter would not be changed. He stated that Council would be asking the public for permission to receive compensation. He stated that the Charter would not be amended.
Mayor Morrison suggested that once Mayor Pro Tempore Thibodeau and Councilor Smith hear back from Melva Garrison of the Board of Elections, that they come back with language to be presented to Council at the next meeting.
It was consensus of Council to have Mayor Pro Tempore Thibodeau and Councilor Smith discuss the issue with the Board of Elections and come back with language for the ballot at the next meeting.
NEW BUSINESS
There were no New Business Items presented or discussed.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. He stated he did not have anything to report.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER
Update on Departmental Activities
Town Manager Layton stated that he had the department heads prepare reports before the meeting on their activities. He went on to hand out the building permit activity to Council. He stated that the Police and Fire Department activity reports would be put in their boxes as a correction needed to be made.
Town Manager Layton introduced Officer Becky Gardner to Council and the audience. He stated that Officer Gardner comes from the Town of Southern Shores. He stated that Chief Hamilton has been very impressed with Officer Gardner’s work as well as the other recent officers that were hired.
Mayor Morrison and Council welcomed Officer Gardner to the Town.
Lieutenant Phillip Ferguson was recognized to speak. Lieutenant Ferguson gave a short background on Officer Gardner to Council and the audience.
Update on Spring Bulk Trash Pick Up
Town Manager Layton reminded Council and the audience that the Spring bulk pickup has been scheduled for Friday, April 21, 2006 and has been advertised extensively.
Update on CAMA Local Enforcement Program
Town Manager Layton gave an update on the CAMA Local Enforcement program to Council and the audience. He stated that the Town will officially take over responsibility for the program on July 1, 2006 with Sandy Cady being the Local Permitting Officer for the Town.
Update on NC 12 Stormwater Improvements
Town Manager Layton gave an update on the NC 12 stormwater improvements to Council and the audience.
Mayor Pro Tempore Thibodeau asked if a pump has been acquired for the Tuckahoe subdivision entrance. Town Manager Layton stated that the final engineering has not occurred yet. He stated that the pump would not be exposed but would be on the right side and would be a submersible pump that would be able to be taken out and reused in other areas as needed. Mayor Pro Tempore Thibodeau asked if it would be difficult to take out to use it elsewhere. Town Manager Layton stated that the Town could have a series of drop inlets and move the pump from inlet to inlet. He stated that the pump is intended to be able to be reused in other areas. Mayor Pro Tempore Thibodeau asked if the submersible pump was chosen due to aesthetics. Town Manager Layton stated that it was.
Financial Statement for the Month of March 2006
Town Manager Layton stated he had not received all of the bank statements to date, but presented Council with a financial report on revenues and expenditures.
MAYOR’S AGENDA
Mayor Morrison stated that did not have anything to report.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau reminded Council of her comments regarding the lighting ordinance at the last meeting. She encouraged Council to drive through Town at night and observe the lighting. She believed that up lighting that is done properly would fit in with the Town. She stated that she is concerned about the language for down lighting that Council approved as it is vague. She felt that the lighting ordinance should be looked at again by Council.
Councilor Lindley stated that he was very impressed by the Outer Banks Tourism Board’s presentation on geo-tourism. He thought that some of the ideas could be pursued by the Town.
Councilor Smith stated he had nothing to report.
OTHER BUSINESS
Mayor Morrison stated that the next meeting will be a work session on Wednesday, April 19, 2006 at 7:00 p.m.
CLOSED SESSION
Mayor Pro Tempore Thibodeau moved to enter closed session pursuant to Section 143-318.11(3) of the North Carolina General Statutes to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and public body, which privilege is hereby acknowledged.
Motion carried 4-0.
The time was 10:12 p.m.
Upon return from closed session, there was no further business. Mayor Morrison moved to recess to reconvene the meeting to Wednesday, April 19, 2006 at 7:00 p.m. instead of 1:00 p.m.
Motion carried 4-0.
The time was 10:34 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor