TOWN OF DUCK
TOWN COUNCIL
RECONVENED REGULAR MEETING AND REGULAR MID-MONTH MEETING
The Town Council for the Town of Duck reconvened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, April 19, 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; Attorney John Leidy; Planning Director Sue Cotellessa; Eddie Valdevieso of Quible & Associates; and Deputy Town Clerk Lori Kopec.
ABSENT: Town Attorney Donald I. McRee, Jr.
The meeting was called to order by Mayor Morrison at 7:00 p.m.
Mayor Morrison stated that Building Inspector Mike Goodwin is terminally ill and had taken a turn for the worse and was not expected to recover. He asked Council and the audience to keep Mr. Goodwin in their thoughts and prayers.
Mayor Morrison stated that the public hearing would be continued on Ordinance 06-02. He stated that at the last meeting, there were nineteen (19) speakers and asked that those who were at the meeting that had spoken at the April 5, 2006 meeting hold off speaking as he wished to hear new speakers on the issue. He stated that after the individuals that signed up to speak finished, others could raise their hands to speak.
Planning Director Sue Cotellessa was recognized to speak. Planning Director Cotellessa stated that when the Town first got together to do the first Land Use Plan, it was asked “What is the vision for the future of Duck?” She stated that the Land Use Plan Committee, the Planning Board and the Council obtained input via questionnaire from property owners throughout Duck. She stated that strong input was received with the consistent theme being that the Town’s policy should be to maintain Duck as a coastal village and to limit the increasing size of homes in the various neighborhoods. She stated that the beginning language of the proposed ordinance refers to language from the Town’s CAMA Land Use Plan, which was the genesis for the ordinance.
Planning Director Cotellessa stated that as part of the Town policy, the Land Use Plan suggested controlling large structures and using the Zoning Ordinance and amendments to accomplish the goals. She stated that in July 2003, the Town discussed the issue of house size and amended the Zoning Ordinance to limit the number of bedrooms permitted on lots in Duck based on lot size. She stated that the ordinance was amended again in 2003 to articulate the use of mean high water mark as the eastward lot line to calculate lot area and lot coverage. She stated that when the Town started pulling in building permits, surveys would come in with comments or questions from surveyors asking if the Town used mean high water or the first line of stable natural vegetation as the mark. She stated that she checked the ordinance and found nothing to state what the Town used. She stated that the Town went through a process with the Planning Board and Council to establish the mean high water mark as the eastward lot line. She stated that prior to that time, surveys had used the first line of stable natural vegetation and some used the mean high water mark. She stated that the consequence of using the mean high water became clear that the size of homes on the oceanfront increased substantially. She stated that in the last thirty-two (32) months, the Town has received twenty-eight (28) new homes built on the oceanfront or substantial remodels and additions. She stated that all of those resulted in fairly large homes.
Planning Director Cotellessa presented a graph to Council and the audience that showed homes that were new construction or substantial addition/remodel and which year it was accomplished. She pointed out the lot square footage to the mean high water mark and the square footage that Dare County Tax Department bases their assessments on, which was substantially different. She stated that Dare County taxes are based on the first line of stable natural vegetation on a lot and not to the mean high water mark. She stated that the taxes that oceanfront owners are paying are based on the first line of stable natural vegetation.
Eddie Valdevieso of Quible & Associates was recognized to speak. Mr. Valdevieso stated that the mean high water is defined as the mean height of all high waters during a tidal event. He stated that there are many references up and down the East coast with Duck having the Duck Research Pier as the measuring guide for determining the mean high water in the immediate area. He stated that the Pier uses the NOAA (National Oceanic and Atmospheric Administration) website as well as NOS (National Ocean Service) to be the tidal keepers. He stated that surveyors access the websites to determine what elevation the mean high water is. He stated that NOAA constantly measures the low and high tides and take the average. He stated that the data collected is from 1983 and 2001, which is always behind the times. He stated that his surveyors check the deed for an oceanfront lot to make sure they reach the mean high water mark, but if the legal description states to the mean high water line or the deed is out into the water, the surveyor will locate the mean high water according to the NOAA guideline, which is an accepted practice.
Mayor Morrison asked if the mean high water line is frequently located out in the ocean. Mr. Valdevieso stated that it was. Mayor Morrison asked Council for questions of Mr. Valdevieso.
Mayor Pro Tempore Thibodeau asked if the measurement of mean high water mark is measured on all oceanfronts as a matter of course. Mr. Valdevieso stated it was. He stated that the next NOAA monitored station is Oregon Inlet as well as one in Hatteras. He stated that whichever site a surveyor is closest to, will be the site to get the current mean high water mark. Mayor Pro Tempore Thibodeau asked if the site delineates the deeded plat on the property. Mr. Valdevieso stated it would if the deeded property line is beyond the mark as North Carolina recognizes the mean high water mark as being the seaward boundary.
Mayor Morrison thanked Mr. Valdevieso for his presentation.
Planning Director Cotellessa stated that there were two (2) parts to the proposed ordinance – the first part has to do with how the Town measures lot coverage on oceanfront properties and whether the first line of stable natural vegetation, which is the taxable and buildable part of the property, or to the mean high water mark. The second part of the ordinance refers to whether or not the Town includes driveways and parking areas in lot coverage on a lot. She stated that the Zoning Text amendment excluded from lot coverage the driveways and parking areas that were placed in gravel over sand. She stated that the original intent was to result in more open areas on a lot to capture stormwater, but what ended up happening was that lot coverage square footage for driveways were transferred into increasing house size, pool concrete decks or other accessory structures. She stated that the ordinance has not achieved the original purpose of having more pervious areas and areas for plantings. She stated that the Planning Board looked at the issues and recommended to Council in both cases that the Town move forward with both issues with respect to outcome.
Planning Director Cotellessa stated that the Planning Board discussed both issues for more than nine (9) months. She stated that the Council has also discussed large homes and lot coverage at its Retreat and again at its February and March meetings. She stated that the Planning Board moved forward at the first meeting in March to recommend the proposed ordinance because the issues were ready for consideration. She stated that the other Dare County municipalities generally use the first line of stable natural vegetation. She stated that the end result after looking through a series of as-built surveys, if gravel driveways were put back into the lot coverage calculation, most homes and actual lot coverage would be between thirty-five and forty percent (35% & 40%).
Planning Director Cotellessa pointed out that oceanfront lots make up ten percent (10%) of the parcels in Duck. She stated that there is approximately three hundred plus (300+) oceanfront properties but some are condominiums. She stated that for the purposes of tax assessments, the square footage of oceanfront lots is considered from the first line of stable natural vegetation. She stated that Dare County pulls aerial photographs and squares off the building site as a taxable area for tax assessments. She stated that for CAMA regulations, the oceanfront setbacks are calculated from the first line of stable natural vegetation. She stated that all of the buildable areas, except for beach walkovers, of an oceanfront lot are westward of the first line of stable natural vegetation and the apparent lot is also to the first line of vegetation.
Planning Director Cotellessa stated that before the Town included the lot area language to the mean high water mark, many lots were originally built to the first line of stable natural vegetation standards. She stated that the proposed change for lot area on oceanfront properties puts those properties that are equally taxed (15,000 square foot inside lot and a 15,000 square foot from the first line of stable natural vegetation) on an equal footing with respect to lot coverage and the number of bedrooms permitted.
After some members of the audience voiced wanting to ask questions, Mayor Morrison stated that Planning Director Cotellessa would take questions at the end of her presentation. Cathy Ellrod of 149 Four Season Lane stated that she wanted to ask a question. Mayor Morrison reiterated several times that Planning Director Cotellessa would take questions at the end of her presentation.
Planning Director Cotellessa stated that the second part of the ordinance deals with driveways and parking lots in lot coverage. She stated that presently the Town does not include any driveways or parking areas if they are pea gravel or river rock over a sand base. She stated that if it is crush and run over a clay base or anything with an impervious aspect to it, it is included in lot coverage. She stated that the proposed ordinance would include all required driveways and parking areas regardless of their composition in the lot coverage for all lots. She stated that this would ensure that the impacts on the development of the lot would be handled on the site and the beneficial use of pervious or semi-pervious driveway isn’t translated to the additional impervious area of buildings or site features.
Planning Director Cotellessa stated that there are several communities in Duck where there are lots of record prior to November 20, 1975. She stated that those homes are eligible for increased lot coverage and reduced setbacks if the lots are less than 15,000 square feet, which is the Town’s current minimum lot size requirement. She stated that in some neighborhoods with smaller lot sizes, there may be a 19,000 square foot oceanfront lot that is not eligible for increased lot coverage or reduced setbacks. She stated that if the ordinance were passed and the Town measured from the first line of stable natural vegetation and it reduced the lot from 19,000 square feet to 10,000 square feet, it would be then become eligible for forty percent (40%) lot coverage and reduced setbacks. Debbie Garcia of 1316 Duck Road asked about the number of bedrooms. Mayor Morrison again reiterated refraining from asking questions until the presentation was finished. Ms. Garcia stated that Planning Director Cotellessa was referencing her property. Mayor Morrison stated that he would be sure to come back to her.
Planning Director Cotellessa stated that there are a lot of questions regarding what would happen to a property if it was built under the old standards and then the rules change. She stated that the Town acted a few years ago to protect residential property in the event of damage by fire, flood, wind, etc. She stated that as long as a homeowner has an as-built certificate and with appropriate documentation, a homeowner would be able to rebuild their home substantially as it currently exists. She stated it would have to meet building code and current FEMA regulations. She stated that in instances of number of bedrooms, setbacks, etc., the Town has provided a fail-safe, which is very rare.
Planning Director Cotellessa stated that she would entertain questions from the audience.
Bill Marsh of 112 Quail Way was recognized to speak. Mr. Marsh asked Planning Director Cotellessa to review the portion of her presentation regarding lots other than oceanfront ones that were of similar size. Planning Director Cotellessa reviewed that portion to Council and the audience.
Mr. Marsh pointed out that if he had a 20,000 square foot oceanfront lot that the Town is knocking down to 15,000 square feet and also owned the 20,000 square foot semi-oceanfront lot behind it, they would not be equal. He stated that as far as the Town considering the ordinance, it would not be the same. He asked how the Town would deal with that. Planning Director Cotellessa stated that the oceanfront lot’s apparent size is to the first line of stable natural vegetation, which is 15,000 and would be taxed. She stated that the 20,000 square foot semi-oceanfront lot would be taxed on 20,000 square feet. Mr. Marsh stated that it appeared that the goal was to stop or limit the size of the homes. He stated that the Town would not be able to limit the house size for the semi-oceanfront home and would still end up with a big home. Planning Director Cotellessa felt that the Planning Board’s input was to have a wide range of homes, but homes would need to be related to the size of the lot. A 15,000 square foot lot would have a smaller home on it than a 20,000 square foot lot and would be fair. Mr. Marsh stated that he did not see any equity in restricting lots due to one (1) specific subdivision (Carolina Dunes), as it would restrict others unjustly who are trying to achieve the look they want within their subdivisions. He asked if there was a way to avoid it. Planning Director Cotellessa stated that the Sanderling subdivision is different than other communities in that behind the oceanfront properties, there is common space, but not in all parts. Mr. Marsh asked where it was listed. Planning Director Cotellessa stated that it is listed on the deeds in the part between the eastward lot line and the oceanfront. She stated that not all communities have an architectural review.
Mr. Marsh pointed out that the chart shown had homes built on the oceanfront that conformed or would conform to the change in the regulation. He asked when the homes were built. Planning Director Cotellessa stated that the homes in the chart were built since July 2003, but that it wasn’t complete. She stated that the lot coverages are to the mean high water mark as they were listed on the surveys. She stated that the chart showed the percentage of lot coverage to the mean high water mark and the percentage of lot coverage using Dare County’s tax records. Mr. Marsh pointed out that the chart shown was not the one used when discussing homes that conformed to the new regulations. He asked a second time when the homes were built. Planning Director Cotellessa stated that the homes built since July 2003 would conform. She stated that the chart showed that houses are getting bigger.
Mr. Marsh asked when the chart was put together. Planning Director Cotellessa stated that it was done in the last few weeks. Mr. Marsh asked if the Planning Board had seen the chart or had completed any research or ever studied the impacts of the oceanfront lots. Planning Director Cotellessa stated that lot surveys were pulled for the Planning Board to review, but she put the chart together for the Council meeting. She stated that was asked to put the chart together because there had been a lot of discussion about it and wanted to make sure all of the facts were available. Mr. Marsh asked if the recommendation that came from the Planning Board was not based on the chart. Planning Director Cotellessa stated it wasn’t. Mr. Marsh asked if it was based on surveys that were done with Duck residents asking what they wanted to Duck to be. Planning Director Cotellessa stated that the surveys weren’t from visitors to Duck. They were mailed to Duck property owners and requested the owners and residents to answer the survey. She stated that the Town has received a season or two of solid complaints about the size of homes, especially on Buffelhead Road. Mr. Marsh asked if the homes conformed to all the rules and regulations. Planning Director Cotellessa stated they did.
A member of the audience asked who had complained about the large homes. Planning Director Cotellessa stated that residents complained about the size of the homes. Visitors have complained about the size of homes next to the ones they were renting regarding the noise level.
Mayor Morrison encouraged the individuals standing in the doorway and out in the main office to make their way into the conference room.
Debbie Garcia of 1316 Duck Road was recognized to speak. Ms. Garcia asked if Section 31 addressed number of bedrooms. Planning Director Cotellessa pointed out to Council that Ms. Garcia was referencing the replacement of nonconforming structures. Ms. Garcia disagreed and stated that she was referencing grandfathering. Planning Director Cotellessa stated it did not address number of bedrooms. Ms. Garcia pointed out that oceanfront properties are dynamic as they are constantly moving. She stated that she lost sixty (60) feet on her lot since Hurricane Isabel, but her taxes went up substantially. She thought that the stable line of vegetation is at a certain point in time which changes with oceanfront properties. She thought that the Town was now saying that eight (8) bedroom homes are fine but not on the oceanfront. She felt it was discriminatory to her that suddenly the Town wants to change how homes are built on the oceanfront. Planning Director Cotellessa stated that oceanfront lots were discussed as well as what could be done to ensure a fairness issue at the first line of stable natural vegetation. She suggested that the ordinance have language that says the lot area would be based on either the first line of stable natural vegetation or as taxed by Dare County, whichever is greater. She felt this would provide fairness to everyone.
A member of the Four Seasons Homeowner Association was recognized to speak. The gentlemen stated that he didn’t see any justification in the size of a home. He stated that he understood the environment but that Council was practicing an exercise in imminent domain. He stated that in a court, it has to be justified.
Bill Marsh was again recognized to speak. Mr. Marsh asked what a homeowner has to do if his home is destroyed by a storm or fire. Planning Director Cotellessa stated that the homeowner would have to provide evidence of what they had. She stated that the Town has recommended that homeowners obtain an as-built survey. She stated that it is required in the Town and has been addressed in the newsletters. She stated that it is important for homeowners to document what they have. Mr. Marsh asked if the survey was the main requirement. Planning Director Cotellessa stated it was. She stated that it does not apply to homes that are torn down to rebuild bigger. The loss has to be from a fire, flood, storm, etc., which is usually documented via insurance. Mr. Marsh asked what a homeowner could use in the absence of an as-built survey. Planning Director Cotellessa stated that the survey is the primary thing. Mr. Marsh asked if photographs would be accepted. Planning Director Cotellessa stated that photographs would not show how far a home is from the lot line. She stated that a survey is the safest thing to use.
A member of the audience stated that since the first line of vegetation keeps changing, a homeowner has to contact CAMA first. Eddie Valdevieso stated that the first line of stable natural vegetation is CAMA’s benchmark for lots. The audience member thought that the Town had an ulterior motive for passing the ordinance and felt that once it was passed; something else would come up that would affect oceanfront lots. He stated that something is going on. Mr. Valdevieso stated that CAMA can dictate what goes on an oceanfront lot. He stated that if a homeowner loses their home, the fifty percent (50%) rule would kick in. He stated that this is separate from the Town’s requirement. The audience member stated that he had lost over sixty (60) feet after a storm years back. He stated that no one is doing anything to protect oceanfront properties. He stated that when he tried to do something to help his property, he got his “hand slapped” as he was told that the dunes need to stay in place.
Marion McDonald was recognized to speak. Ms. McDonald stated that it is unfair that oceanfront property owners are paying more taxes and will have less of a lot to build on if the ordinance passes. Planning Director Cotellessa stated that there is a different level of tax assessment for oceanfront properties. She stated that there are six (6) areas of ocean influence backward from the ocean which states how far an owner is from the ocean. She stated that the each of those properties has a higher assessed value than a lot further inland. She stated that the assessment rate per square footage is much higher on the oceanfront, which is why those lots are more valuable.
A member of the audience asked how many oceanfront lots are remaining that do not have homes on them. Planning Director Cotellessa stated that there are maybe a dozen lots left. She stated that the oceanfront lots have mostly tear down and rebuilds versus new construction. She stated that the Town started permitting for homes in July 2003 and permitted the first home in July which has been already torn down to rebuild a larger one.
Mayor Morrison asked if anyone had any more questions of Planning Director Cotellessa regarding her presentation. There being none, Mayor Morrison began the public comments portion of the hearing.
George Keefe of 274 Hillcrest Drive in Southern Shores was recognized to speak. Mr. Keefe stated that he is the current president of the Duck Community and Business Alliance (DCBA) with over three hundred (300) members who are citizens, homeowners or merchants of Duck. He stated they have joined together to sustain and enhance the coastal village ambiance of Duck. He stated that he is in favor of the ordinance. He pointed out that no other town in Dare County measures oceanfront lots from the mean high water mark. He stated that oceanfront lots are only assessed from the area west of the first line of stable vegetation with no one taxed on any land between the mean high water mark and the first line of vegetation. He stated that the proposed rule would fulfill the need to regulate the apparent density of an oceanfront lot. He pointed out that ninety percent (90%) of the lots in Duck are away from the oceanfront. He stated that the DCBA urges Council to sustain and enhance the coastal village ambiance of Duck by adopting Ordinance 06-02.
Bill Marsh of 112 Quail Way was recognized to speak. Mr. Marsh stated that a scenario happened in 2005 in the Sea Ridge Subdivision where a gentleman who owned two (2) oceanfront lots with one (1) home on it contacted three (3) realtors to get the value of the property. He stated that the value given was based on what the lots were without a house on them. He stated that surveys were done and that Planning Director Cotellessa had written him a letter stating that she supported the building of an eight (8) bedroom home on the lot. He stated that he put both lots on the market for sale with a potential buyer wanting to buy the lot contingent on being able to build eight (8) bedroom homes on them. He stated that plans were submitted to the Sea Ridge Architectural Review Committee who denied the application on the basis that they do not allow eight (8) bedroom homes. He stated that the committee only allowed five (5) bedroom homes but pointed out that there are a few six (6) bedroom homes in the subdivision. He stated that the buyer withdrew due to not being able to build the homes he wanted. He stated that the original owner lost a comparable value to what other lots were selling for because of Sea Ridge’s guidelines. He stated that Duck is trying to zone the entire Town the same as the architectural guidelines for each subdivision. He stated that in some cases it is totally inequitable and can’t be justified. He stated that what affects one homeowner, affects another homeowner differently. He stated that by restricting the lots by measuring to the first line of stable natural vegetation, it will cause a significant decrease in the value of the properties. He felt that the Town is not achieving the purpose that Council wanted to achieve by restricting the size of homes. He referenced George Keefe’s comments about the DCBA encouraging Council to maintain the coastal village ambiance of Duck. He pointed out that there are not any areas in the Village of Duck that one can drive past and see an oceanfront home except in two (2) areas in Sanderling. He stated that he had spoken to a lot of people in the past week asking them what their perception of Duck was. He stated that he was told that the perception of Duck is what people see in the Commercial District. He recommended that Council consider sitting down with the subdivisions that do not have rules and regulations and work with them by having them formulate what they want their subdivisions to look like. He implored Council not to adopt the ordinance as it would be too damaging to too many properties and would not solve any problems.
John Wander of 119 Sandcastle Court was recognized to speak. Mr. Wander stated that he lives in the Sea Ridge subdivision. He stated that Mr. Marsh referenced an inaccurate description as to what happened to the homeowner in the subdivision as well as the history. He stated that the person that owned the house in question was an architect that developed Sea Ridge and did not want homes with more than four (4) bedrooms in the subdivision. He stated that officially the subdivision does not allow more than five (5) bedroom homes. He stated that he wished to congratulate Planning Director Cotellessa and the Planning Board for their recommendation. He didn’t think that bigger would be better in Duck. He stated that the bigger the homes are built, the faster the Town loses its character.
Heather McClay on behalf of Ron Fisher was recognized to speak. Ms. McClay stated that Mr. & Mrs. Fisher own an oceanfront home in Duck and attended the April 5, 2006 meeting. She went on to read a letter from the Fishers to Council and the audience asking Council not to adopt the ordinance.
Marion McDonald on behalf of Lance DeFrancisco was recognized to speak. Ms. McDonald stated that Mr. & Mrs. DeFrancisco had recently had their septic upgraded and paid top dollar for their home. She stated that they are worried about selling the house because they would lose money. She stated that oceanfront homeowners are paying the highest purchase price on the Outer Banks. She stated that the oceanfront homeowners are paying the highest taxes, the highest insurance, generating the most rental income and use the most people to maintain the homes because of the salt erosion from the ocean. She stated that they are the only owners that have to share their lots with people in their “yard” all day long. She stated that the size of the house was predicated on the size of the lot. She didn’t think it was fair that a homeowner who paid a lot of money for an oceanfront lot could only build a three (3) bedroom home on it. She asked who would benefit from the ordinance and felt that no one would benefit from building smaller homes. She stated it would hurt everyone in tax revenue.
Leslie Gilmore of Exit Outer Banks Realty was recognized to speak. Ms. Gilmore stated that she appreciated all of the time and effort that goes into what Council is working on. She stated that it is important for her to know what is going on in Town so she can keep her clients informed. She stated that bigger homes attract the renters. She stated that she is concerned about the oceanfront property values. She stated that if the homes on the oceanfront are reduced to three and four (3 and 4) bedroom homes, they won’t rent. She stated that tourists look for all of the amenities of larger oceanfront homes, are great investments and rent year round. She stated that investors won’t buy the smaller homes to get the income they need from renting the properties. She stated that she is concerned that if the ordinance is passed, the Town would go to a tiered lot coverage system so all of the homes are limited by the number of bedrooms. She felt the plan was to have communities with three, four or five (3, 4 or 5) bedrooms. She stated that if that was the case, Council should state such so that she wouldn’t bring any investors to Duck. She asked again for Council to give a grace period from when the ordinance passes and when it goes into effect, so she can inform her clients. She pointed out that by the Planning Board bringing the ordinance forward to Council showed great initiative, but that it is important that the public and real estate agents know where Council wants to take the Town. She stated that a three or four (3 or 4) bedroom home is not a good rental income property, especially if it sits on the oceanfront.
There being no one else wishing to speak, Mayor Morrison closed the public hearing.
Mayor Morrison called for a five (5) minute recess. The time was 8:11 p.m.
Mayor Morrison reconvened the meeting.
Mayor Morrison stated that the ordinance had two (2) separate parts – one that changes the way pervious and semi-pervious driveways and parking areas are included in lot coverage. The other part was how to figure the lot area from the first line of stable natural vegetation or as Planning Director Cotellessa suggested, to the lot area calculated by Dare County for real estate tax purposes, whichever is greater. He opened the floor for Council discussions.
Councilor Lindley, Jr. thought that the level and intelligence of the discussions says wonderful things about the community. He stated that there are high stakes at hand with the ordinance. He stated that there had been more information at this meeting in that everyone found out that no taxes were paid on oceanfront properties for the area in question between the vegetation line and the mean high water. He felt this was a plus. He felt that houses that could be replaced from damage from a storm was another positive point. He discussed what he thought property owners rights were to Council and the audience. He wondered why he felt discomfort over the ordinance and thought it had to do with the lacking of sense of community or consideration and care for the greater good. He stated that if the ordinance is passed, some property values will be affected, but every investment is subject to changing conditions and would survive and prevail.
Councilor Caviness thanked everyone for coming to the meeting. She stated that she appreciated the number of arguments made but did not hear any arguments on community values related to the environment, equity and the proposed language that puts the Town consistent with environmental regulations. She stated that protection of the environment is something that the Council is entrusted to protect. She felt the language of the ordinance was consistent with the Town’s Land Use Plan. She stated that she heard comments from people questioning the Plan, but the Land Use Plan has been in place for a very long time with months and months of discussions before it was adopted. She stated that everything that Council does is to achieve the goals and objectives of the Land Use Plan. She stated that she appreciated the economic arguments that were weighed at the meeting.
Councilor Smith felt that Councilor Lindley and Councilor Caviness made very good points. He stated that property owners do have certain rights and the person who is ensured the best ocean view is the one that owns oceanfront property. He stated that someone who lives closer to the ocean will pay a higher price than those that live further from it. He stated that oceanfront owners have to be educated buyers due to the maintenance of the homes on the oceanfront. He stated that he was not going to “cry a river” because of the people on the oceanfront. He stated that he knows they pay more taxes, have bigger maintenance issues, larger tax assessments and greater risks in a storm. He stated that it was mentioned earlier the issue of three or four (3 or 4) bedrooms on the ocean. He stated that he did not know where the idea came from. He stated that the chart that Planning Director Cotellessa presented showed properties from the mean high water mark to the first line of stable natural vegetation. Sixty-five percent (65%) of homes would be reduced by one bedroom if the ordinance passed. Thirty percent (30%) would be reduced by two (2) bedrooms and five percent (5%) would be reduced by three (3) bedrooms. He stated that the lowest number of bedrooms is five (5) with the majority owned being six (6). He stated that he did not understand the three and four (3 and 4) bedroom argument. He didn’t think that a smaller home was harder to rent than a larger one. He stated that the larger homes usually require a large family to split the cost. He stated that there are still smaller homes that rented just fine before the larger homes were built. He pointed out that he walks to the beach once a week in the winter and the two larger oceanfront homes on his street are not in use or rented. He stated that a number of people will be affected financially if the ordinance passes, but he felt that people should focus on the value of Duck years down the line. He stated that the majority of Duck does not look like Four Seasons or Carolina Dunes. He stated that the majority of the people that come to Duck walk to the beach instead of driving to it. He pointed out that those that thought their eight (8) bedroom home would be reduced to a three (3) bedroom home was not an accurate assumption.
Mayor Pro Tempore Thibodeau thanked everyone for their comments on the ordinance. She stated that the issue needed a lot of discussion, which was why the meeting was continued from April 5, 2006. She stated that the comments have been very well thought out, constructive and cordial. She stated that she realizes that the stakes are high and for that reason she was glad to see facts and figures presented as well as examples from Planning Director Cotellessa. She stated that without the analyses that were presented, one could only speculate who would be affected. She stated that she would like to see the two issues in the ordinance be separated. She stated that since new information has come to light and there being a lot to consider, she would like the two (2) issues to be separated. She felt they were two different issues. She stated that due to the change in the lot coverage regarding permeable surfaces, homes have become larger even though all regulations are met. She stated that she would like to take the time to contemplate the ordinance and revise it regarding lot size to either the first line of stable natural vegetation or the amount that the taxpayers are taxed on. She wanted the language laid out to make it clear what the Town is proposing with respect to oceanfront lots. She stated that she would like the driveways as a separate issue. She felt there was a lot that could be done to make the ordinances more palatable for homeowners as it affects everyone. She stated that she would like to see stacking of cars so there won’t be as much coverage for parking as well as something to help the existing vegetation on the lots. She stated that she would like the two (2) issues separated, would like a separate ordinance on lot coverage on how oceanfront lots are measured and separate out the discussion on the lot coverage for driveways and parking.
Mayor Morrison stated that a geo-tourism editor from National Geographic Traveler magazine had given a speech recently and remarked that the Outer Banks is on the verge of getting ugly, losing the characteristics that created the Outer Banks experience. He stated that the editor mentioned the large homes and proliferation of mini hotels blocking others views and was concerned that the Outer Banks will become like Myrtle Beach and the Jersey Shore. He stated that is worried about these issues as well and what has to be done is to remember what Duck is and what the Town’s vision is. He stated that his vision of Duck is a quaint, coastal town known for its mom and pop shops, individually owned restaurants and reasonably sized homes. He thought that the image of Duck needs to be protected. He stated that when a decision is finally made, it will not be made based on any special interest group, any small group of property owners or their personal desires. He stated that the decision will be made on what is best for the long term future of the Town of Duck. He thought that each Council member had excellent points and felt that Mayor Pro Tempore Thibodeau had a good idea about separating the issues and agreed with her. He stated that the issue regarding parking needs further study, including stacking of cars. He suggested that it be separated from the other issue, sent back to the drawing board and discussed with staff before a final decision is made. He stated that with the issue of lot area and oceanfront lots, he saw no reason to continue to use the mean high water mark, as all the other towns as well as CAMA use the first line of stable natural vegetation and thought the Town should do that as well or the lot area used by the Dare County Tax Department, whichever is larger. He stated he would like to add appropriate language to the ordinance and come back at the May 3, 2006 meeting with another public hearing addressing these changes. He stated that he appreciated everyone coming to the meetings and voicing their opinions and thanked everyone for coming.
Mayor Morrison moved to defer any action on the ordinance, go back and ask staff to come up with the proposals that he recommended, have another public hearing on May 3, 2006 and go from there.
Mayor Pro Tempore Thibodeau asked for clarification of the motion. Mayor Morrison stated his motion was to defer any action on the ordinance, ask staff to come up new language on the lot coverage matter and to provide further guidance on the parking. Mayor Pro Tempore Thibodeau asked if the two (2) issues should be separated. Mayor Morrison stated that they should.
Town Manager Layton suggested having two (2) separate motions – one that would refer the parking issue back to the Planning Board for further discussion and the second would direct staff to draft a new ordinance that would take his suggested changes into effect with respect to the first line of stable natural vegetation or the lot area used by the Dare County Tax Department, whichever is greater. This would be re-advertised as a new public hearing as this public hearing has been closed.
Mayor Morrison amended his motion to refer the parking issue back to the Planning Board for further study.
Motion carried 5-0.
Mayor Morrison then moved to defer any action on the part of the ordinance dealing with lot area and ask staff to add language indicating that the Town would use the first line of stable natural vegetation in figuring lot area or use the lot area as determined by the Dare County Tax Department, whichever is greater.
Motion carried 5-0.
PRESENTATION OF PROPOSED FY 2007 BUDGET
Mayor Morrison recognized Town Manager Layton.
Town Manager Layton gave a short presentation on the proposed Fiscal Year 2007 Budget to Council and the audience.
Councilor Caviness asked which employees were in the General Government department. Town Manager Layton stated it was him, Deputy Town Clerk Kopec and Kathy McCullough-Testa.
Mayor Morrison asked who the Director of Community Development was. Town Manager Layton stated that it was Planning Director Cotellessa. Town Manager Layton stated that Building Inspections and Planning were separated previously and he wished to have it as a department now.
Mayor Pro Tempore Thibodeau asked if the Building Inspector would be reporting to Planning Director Cotellessa. Town Manager Layton stated that he would be.
Councilor Smith asked if the new Building Inspector would be doing fire inspections or if Fire Chief Donna Black would be doing them. Town Manager Layton stated it was undetermined at this point, but felt that Fire Chief Black would be the appropriate person to do the fire inspections.
Mayor Pro Tempore Thibodeau asked if there would be one (1) less maintenance technician since there were previously two (2). Town Manager Layton stated that there will be one (1) less and the position will be a shared position between Parks and him. Mayor Pro Tempore Thibodeau asked if there was an assistant fire chief previously. Town Manager Layton stated there was but that he is not proposing an assistant fire chief position for the new budget.
Mayor Pro Tempore Thibodeau asked if the grant that was received last year will be reset for this year. Town Manager Layton stated she was correct but that some would have to be re-appropriated. He stated that the Town is not in danger of losing the grant money.
Mayor Pro Tempore Thibodeau asked for a clarification on the soundside boardwalk. Town Manager Layton stated that there is forty thousand dollars ($40,000) in the current budget, which will be spent. He stated that he had put fifty thousand dollars ($50,000) in the new budget, anticipating getting permits and working on easements. Mayor Pro Tempore Thibodeau asked when the Town will know about the grant. Town Manager Layton hoped to have an answer by July 2006.
Mayor Pro Tempore Thibodeau asked if the money for stormwater included the purchase of pumps for the Tuckahoe subdivision. Town Manager Layton stated that approximately sixty thousand dollars ($60,000) would go towards the pumps for Tuckahoe.
Town Manager Layton stated that in the past, at the May mid month meetings was for the first work session. He stated that Council can talk about it and set the next work session after that, have a public hearing in the first meeting in June and adopt the budget after the public hearing. He stated that if needed, the work sessions could continue into June.
Councilor Caviness asked when the May mid month meeting would be. Mayor Morrison thought it would be May 17, 2006.
Mayor Pro Tempore Thibodeau asked if the proposed budget would be on the website soon. Town Manager Layton stated that it will be on the website soon as well as hard copies available in the office.
Town Manager Layton asked if Council wished to set the work session for the May mid month meeting. It was consensus of Council to hold a budget work session at their May 17, 2006 mid month meeting.
Mayor Morrison thanked Town Manager Layton for his presentation.
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 5-0.
The time was 10:05 p.m.
ADJOURNMENT
Upon return from closed session, Councilor Caviness moved to have the Town Manager present a Right of First Refusal and revise as necessary, not withstanding any major changes and have Mayor Morrison sign with consideration up to and not to exceed five thousand dollars ($5,000).
Motion carried 5-0.
Councilor Lindley moved to adjourn the meeting.
Motion carried 5-0.
The time was 10:50 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor