TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
August 2, 2006
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, August 2, 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, Planning Director Suzanne Cotellessa; Town Attorney Donald I. McRee, Jr.; Police Chief Dale Hamilton; Fire Chief Donna Black; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: None.
Mayor Morrison called the meeting to order at 7:03 p.m. Mayor Morrison asked former Mayor Paul Keller to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments. He asked that all comments related to the public hearings be held off.
John Summers of 123 Sea Hawk Drive West was recognized to speak. Mr. Summers stated that in the history of Duck, there is one thing that everyone agrees on – that the Town wants a village atmosphere. He suggested that since the Town has been incorporated for quite a while now, Council consider changing the name from “Town of Duck” to “Village of Duck” as Duck is very different than any other municipality on the Outer Banks and has the village atmosphere. He stated it would not be hard to do, but there would be costs involved. He stated it could be done over a period of time. He asked Council to consider changing the name of the Town. Mayor Morrison thanked Mr. Summers and stated that Council would consider his comments.
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 June 21, 2006 mid month meeting and the July 4, 2006 regular meeting. Mayor Morrison stated that the June 21, 2006 minutes were tabled from the last meeting for a clarification on a comment that Councilor Caviness had made. Councilor Caviness stated she had met with Deputy Town Clerk Kopec and listened to the tape. Mayor Morrison pointed out that Councilor Caviness’ change to the minutes were in Council’s packets.
Mayor Pro Tempore Thibodeau clarified that Councilor Caviness wished to change the first sentence on page 3 with the new language. Councilor Caviness stated the entire paragraph should be stricken. Mayor Morrison pointed out that other Council Members and Town Manager Layton had made comments in that paragraph. Councilor Caviness stated that only the first four (4) lines of the page would be stricken and replaced with the new verbiage.
Mayor Morrison moved to approve the June 21, 2006 minutes as amended.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the July 5, 2006 meeting for changes.
Councilor Lindley moved to approve the July 5, 2006 minutes as presented.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of Ordinance 06-07, Adoption of revised Flood Insurance Rate Maps and revised Flood Damage Prevention Ordinance to Maintain Local Eligibility for Coverage under the National Flood Insurance Program
Mayor Morrison asked Planning Director Suzanne Cotellessa to make a presentation. Planning Director Cotellessa stated that Ordinance 06-07 adopts the newly released final effective flood plain maps. She stated that the new maps would become effective September 20, 2006. She stated that the maps will need to be adopted in order for the Town of maintain its status in the FEMA community for flood insurance. She stated that the main changes that have occurred in Duck as a result of the flood maps were that the AO Flood Zone no longer exists and that most of the oceanfront properties are now predominantly in the High Velocity Flood Zone. She pointed out that every homeowner that already has a property built in Duck, are grandfathered to the standard of which the home was built for insurance and regulatory purposes. She stated that all new construction would have to be built to the new standard. Town Manager Layton cautioned that homeowners will need to be vigilant in making sure there are no changes to their flood insurance if they are grandfathered.
Planning Director Cotellessa reviewed the new maps with Council and the audience. She stated that the Planning Board reviewed the issue and had unanimously recommended that Council adopt the regulations.
Mayor Morrison opened the public hearing for Ordinance 06-07. He asked for public comments.
There being no one wishing to speak, he closed the public hearing.
Mayor Morrison opened the floor to Council for discussion.
Mayor Pro Tempore Thibodeau had a clarification question on Page 6 Post and Pre-FIRM. She stated that both Post-FIRM and Pre-Firm stated “on or after”. She asked if the second line should state on or before the effective date. Planning Director Cotellessa stated that she was correct. Town Manager Layton clarified that the change would state “…occurred on or after” to “…occurred on or before…” Planning Director Cotellessa stated the change would be for Pre-FIRM. Mayor Pro Tempore Thibodeau had a question on Page 10. She asked if the section on non-structural fill was always in the ordinance or if it was a change. Planning Director Cotellessa stated that in Section D3 (3), the bold and italics are new language.
Councilor Caviness moved to adopt Ordinance 06-07 as presented and amended. Mayor Morrison added that it would include the adoption of the revised flood insurance rate maps and the revised flood damage prevention ordinance.
Motion carried 5-0.
Town Manager Layton stated that notices were sent out to all property owners via first class mail as a requirement. He stated that Building Inspector Cory Tate will be attending classes to become the administrator of the ordinance.
Mayor Pro Tempore Thibodeau asked if it was a State requirement to send the notices via first class mail. Planning Director Cotellessa stated that all of the towns in Dare County had to send out a notice. She stated that the State felt that the ordinance was similar to a zoning change; therefore procedures had to be followed. Town Attorney McRee stated that the appellate court had made the determination relative to any ordinance that affects land use.
Public Hearing/Discussion/Consideration of Ordinance 06-08, Adoption of Ordinance to Change a Street Name from Caffey’s Court to Dock’s Court in the Caffey’s Inlet Hamlet Subdivision
Mayor Morrison stated that long time resident Darwin “Dock” Drewyer had passed away earlier this year. He stated that Mr. Drewyer was very instrumental in organizing the Fourth of July parade, served on the Board of Adjustment and was very active in Caffey’s Inlet as well as in the Town itself. He stated that the residents of Caffey’s Inlet had unanimously proposed that the Town rename Caffey’s Court to Dock’s Court in his honor. He stated that Mr. Drewyer’s family was informed of the street name change at the Town’s Fourth of July celebration. He stated that the resolution was in front of Council for their consideration and approval.
Mayor Morrison opened the public hearing for Ordinance 06-08. He asked for public comments.
There being no one wishing to speak, he closed the public hearing.
Mayor Morrison opened the floor to Council for discussion.
Councilor Lindley asked if there would be public acknowledgement as to why the street would be renamed. He asked if there would be a plaque of some sort, giving a history about Mr. Drewyer. Town Manager Layton stated that the Town had not considered doing that. Councilor Lindley suggested it be considered in the future.
Planning Director Cotellessa pointed out that there were two (2) residents from Caffey’s Inlet in the audience that had brought the new street sign with them. She stated that Mr. Drewyer’s wife – Phyllis Drewyer – was not able to attend the meeting, but was very touched by the street renaming.
Mayor Pro Tempore Thibodeau thought it was a wonderful idea to rename the street in Mr. Drewyer’s honor.
Mayor Morrison moved to approve Ordinance 06-08 as presented.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion/Consideration of Resolution 06-11, a Resolution of the Town Council of the Town of Duck, North Carolina, Requesting that a Referendum be held on November 7, 2006, related to the Compensation of Town Council Members
Mayor Morrison stated that Council had adopted some language which is proposed to be put on Dare County’s ballot for the November 7, 2006 election. Mayor Morrison read the proposed language to Council and the audience. He noted that this Council would not participate in any salary if the resolution is approved and salary would start with the next elected Council in 2007.
Mayor Pro Tempore Thibodeau felt the resolution was nicely worded in that it gives background and rationale for what Council wants to accomplish.
Mayor Pro Tempore Thibodeau moved to adopt Resolution 06-11 as presented.
Motion carried 5-0.
Mayor Morrison asked Deputy Town Clerk Kopec to fax the resolution to Melva Garrison at the Board of Elections. Town Manager Layton stated that staff will work on putting the compensation issue in the Town’s upcoming newsletter.
Discussion/Consideration of Planning Board Recommendation of a Policy and Registration Form for Wedding-related Events
Planning Director Cotellessa stated that following Council’s Retreat in January 2006, the Planning Board was directed to look at issues related to wedding houses in Duck. She stated that the Planning Board had spent several months discussing the issue and receiving input from the Outer Banks Association of Realtors and the Outer Banks Wedding Association as to what sort of parameters the impact of these houses cause the community. She stated that the first thing the Planning Board did was try to define the problem areas and lay out what the impacts were from the houses. Then they sought to establish a threshold as to when something would need to be done. She stated that there have been complaints to the Police Department, which the Planning Board reviewed as well. She stated that the Planning Board has recommended implementing a policy and registration form for weddings to educate the brides and to provide a resource for the community to better control the impacts from affecting adjacent properties.
Planning Director Cotellessa stated that the registration form would require someone to be onsite at the event house with a cell phone that would be available if there is a problem. She stated it also requires that the person lay out how they plan to deal with parking. She stated that the Planning Board believed with input from the Outer Banks Association of Realtors and the Outer Banks Wedding Association, that this would be a good first step in resolving the issue and would be enough that the Town would not have to charge fees or issue permits. She stated there would not be any fines associated with the form. She stated the process is supposed to be a friendly one. She stated that the Wedding Association has proposed putting a link to the Town on their website as well as asking the Town to reciprocate with a link to their website. She stated that the form will be sent to the neighborhood associations, the property owner, Police Chief and Fire Chief, so they will all be informed of the event.
Mayor Morrison asked members of the Outer Banks Wedding Association for their comments.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano stated that as a member of the Planning Board, he had to recuse himself from the discussions. He stated that the feedback that he received from the members of the Wedding Association was that they are wedding planners and the input they gave the Planning Board was constructive and pro-active. He felt the registration form will help the Town communicate with the brides as to what the Town’s problems are so their weddings will go more smoothly. He encouraged Council to ask questions of the members of the Wedding Association.
Shirley Cook of the Outer Banks Wedding Association was recognized to speak. Ms. Cook stated that she and Nanette Jernigan had attended many of the Planning Board meetings over the past few months and that it has been an interesting process. She stated that it was carefully pointed out that responsibility also lies with representing the residents of Duck. She stated that they felt that the registration form was a way to address issues that everyone is concerned with without going to an extreme. She stated that between the registration form and getting the word out, it could possibly alleviate the problems that have been developing.
Mayor Pro Tempore Thibodeau asked if the form would be filled out for anyone that would be having a wedding regardless of where it would be held, such as the Sanderling Inn. Planning Director Cotellessa stated that the policy states it would only be for private residences with fifty (50) or more people attending the event.
Nanette Jernigan of the Outer Banks Wedding Association was recognized to speak. Ms. Jernigan stated that she would like to have their task force meet with the realtors and the property managers that have homes in the Duck area. She stated that the Association is also working on a rules and regulations sheet for the brides to keep them educated.
John Summers was recognized to speak. Mr. Summers asked if there was anything in the form that states when evening festivities should conclude. Planning Director Cotellessa stated that there was quite a bit of discussion with the Planning Board on the matter. She stated that the original form stated that there is a noise ordinance in effect after 11:00 p.m. She stated that the Town’s noise ordinance does not have set hours. The form was reworded to state that the Town has a noise ordinance that is in effect at all times. She suggested that if Council decided to adopt the policy, they may want to make the policy effective January 1, 2007 as there would not be enough time to have the form out and back in time for weddings coming up in 2006. She suggested October 1, 2006 might work if the Town starts now.
Councilor Smith commended the Planning Board for doing a great job. He asked if the Town had a threshold for fines. Planning Director Cotellessa stated that the Planning Board did not want to institute a mandatory permit fee with a fine process.
John Summers asked if anyone had ever been fined for violating the noise ordinance. Town Manager Layton stated that no one has.
A member of the audience was recognized to speak. He suggested that the Town should let the real estate agencies know of the form for any upcoming weddings. Planning Director Cotellessa stated that the Outer Banks Wedding Association would be taking the lead on getting the information out.
Councilor Caviness asked if the Wedding Association had clients that came to the Outer Banks to celebrate civil ceremonies or civil unions. She asked if civil ceremonies or civil unions may be more welcoming if it was language used in the form. Shirley Cook stated that she had worked commitment ceremonies and they are considered weddings.
Councilor Lindley stated that an extraordinary amount of work has gone into the policy and form by the Planning Board. Councilor Lindley moved to adopt the wedding-related event policy and registration form effective beginning October 1, 2006.
Mayor Morrison asked if October 1, 2006 would be enough time. Planning Director Cotellessa thought that most people know where the weddings will be held. She stated that she would expect to start getting the word out right away and hope people would register before then.
Nanette Jernigan stated that a lot of weddings will be happening in October. She felt it would not be enough time for a bride to register. She stated that if the effective date was January 1, 2007, it would give everyone plenty of notice to get the word out.
Councilor Lindley amended his motion to make the policy and form effective January 1, 2007.
Mayor Pro Tempore Thibodeau suggested getting the word out as soon as possible, before the January 1 date.
Motion carried 5-0.
NEW BUSINESS
Discussion regarding Formula Businesses in the Town of Duck
Planning Director Cotellessa stated that the Planning Board had discussed at their last few meetings an issue that was brought forward regarding regulating formula businesses also known as chain businesses. She stated that several locations throughout the country have enacted legislation to control the location of the businesses. She stated that the Planning Board has asked to have the issue on their agenda for their August 9, 2006 meeting. She stated that as an item of discussion, she wanted to make sure Council had the item before them as well. She stated that staff is recommending that Council direct the Planning Board to look at the issue.
Mayor Pro Tempore Thibodeau asked if the Planning Board would be looking at the same agenda items regarding formula businesses that Council had in front of them. Planning Director Cotellessa stated she was correct.
Councilor Smith stated that he would not go so far as to ban formula businesses in Duck. He felt that there could be more than enough ordinances, rules and regulations toward formula businesses that could be a deterrent. He didn’t think some formula businesses were a bad thing. He stated that he didn’t want the Town to move in a path that would ban formula businesses, but have enough rules and regulations so they fit in.
Ron Forlano was recognized to speak. Mr. Forlano asked how far the Planning Board could go from a legal standpoint. Town Attorney McRee stated that there are ways formula businesses could be regulated through adoption of aesthetic-type ordinances. He stated he wasn’t clear if formula businesses could be banned. Mr. Forlano asked if outright banning would not be a viable way to go. Town Attorney McRee stated he did not know yet. He didn’t think the businesses could be outright banned.
Town Manager Layton stated that the question in front of Council was whether this issue was worth the Planning Board’s time to explore all the issues, including the legal constraints.
Councilor Caviness felt it would be worthwhile to look at the issue. She stated that she would not want only restaurants singled out.
Jim Braithwaite of 135 Bayberry Trail in Southern Shores was recognized to speak. Mr. Braithwaite thought it wouldn’t apply to local chain stores such as Nags Head Hammocks. Town Attorney McRee stated that it would be a point to get into.
Councilor Caviness suggested that it be used in a definition if it becomes defined like any other type of ordinance. Planning Director Cotellessa agreed. She stated that a formula business could be defined as one that has multiple locations that have all the same inventory.
Mayor Pro Tempore Thibodeau thought that Council was asking the Planning Board to look at the whole issue and not just focusing on one certain aspect.
Mayor Pro Tempore Thibodeau moved to recommend the Planning Board to look into formula businesses.
Motion carried 5-0.
Mayor Morrison stated that Council looked forward to the Planning Board’s examination and report back on formula businesses.
Discussion/Consideration of Resolution 06-12, a Resolution of the Town Council of the Town of Duck, North Carolina, opposing Offshore Natural Gas/Oil Exploration and Drilling
Mayor Morrison stated that the matter was being discussed in Washington with the House and Senate. He stated that every municipality and Dare County have passed a resolution opposing offshore drilling of natural gas and oil off the coast of North Carolina except for the Town of Duck. He stated that there was some discussion about it last year but it never got on an agenda and therefore never voted on.
Tony Sylvester of The Coastland Times was recognized to speak. Mr. Sylvester asked if Dare County had passed such a resolution. Mayor Morrison stated he was correct. Mr. Sylvester thought that the County hadn’t. Mayor Morrison understood that they had. Councilor Caviness stated that a copy of the ordinance from Dare County was in the agenda packets.
Mayor Morrison stated that the Dare County Tourism Board has requested that the Town of Duck look at the situation and decide if a resolution should be passed in opposition to the drilling, feeling it would be beneficial if Dare County showed a unanimous opposition to the issue.
Mayor Pro Tempore Thibodeau moved to approve Resolution 06-12 as presented.
Councilor Smith felt it was important to pass the resolution. He wondered how people could be weaned from exploring fossil fuels when new ways to find them are continually explored. He stated that the government and the country are never going to get serious about finding alternative fuels if new areas are continually explored to find the fossil fuels. Mayor Morrison agreed with Councilor Smith’s comments and felt the solution to the energy problem would be development of alternative energy sources in the future. He stated he was in favor of approving the resolution.
Councilor Smith moved to approve Resolution 06-12 as presented.
Deputy Town Clerk Kopec pointed out that Mayor Pro Tempore Thibodeau had already made a motion. Mayor Morrison stated that the first motion had priority and that Council should vote on Mayor Pro Tempore Thibodeau’s motion.
Motion approved 5-0.
ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY
Town Attorney Ike McRee was recognized to speak. Town Attorney McRee stated that he had nothing 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 Police Department, Fire Department and Building permit activities to Council.
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton reviewed with Council and the audience the recent rash of break-ins in the Four Seasons subdivision as well as the arrests in connection with them. Councilor Lindley asked if the people committing the crimes are coming from outside the community. Police Chief Hamilton believed they were.
Councilor Smith asked if there were any leads on the vandalism to the Ocean Crest subdivision signs. Police Chief Hamilton stated that two (2) of the arrests were in connection with that crime.
Councilor Caviness asked if there were any leads with regard to the sofa that was set ablaze on Scarborough Lane. Police Chief Hamilton stated that he did not have any information.
Town Manager Layton stated that Police Chief Hamilton and a few of his officers met with the Four Seasons Board to set up a community crime watch in that subdivision. He stated that Four Seasons will be the first in Duck to have such a program in place.
Fire Chief Donna Black was recognized to speak. Fire Chief Black gave Council and the audience a report regarding the burning sofa on Scarborough Lane.
Update on Municipal/Herron Properties
Town Manager Layton stated that the Town closed on the Herron property recently. He stated that at Council’s mid-month meeting, it will be discussed how to incorporate the new property into the Municipal Property Master Plan and how to go about approaching the issue of a municipal building. He stated that bids have gone out to begin Phase 1A of the project, which is the entrance to the canoe/kayak launch and some of the parking. He stated that the bids are due back on August 14, 2006 and hoped things would move forward soon after. He stated that the Town received the CAMA Notice of Filing postcard for the Municipal Property which is posted on the property by the cemetery. He stated the deadline for a decision would be September 20, 2006 and anticipated it may come before that.
Mayor Pro Tempore Thibodeau asked if the seventy-five (75) day review period includes the time between now and September 20, 2006. Town Manager Layton stated she was correct. He stated that the comment period ends on September 20, 2006 and if there aren’t any comments that cause concern and if the Town responds to issues CAMA may have, then CAMA will be comfortable making a decision prior to the end of the comment period.
Update on CAMA Contract
Town Manager Layton stated that CAMA is no longer using contracts; therefore the Town will not need one. He stated that the Town had to sign up for online vendor service, which allows the Town to receive quarterly payments. He stated that staff has completed the online sign up and during the normal reporting process; the Town would be reimbursed on a quarterly basis.
Update on Senior Executive Institute
Town Manager Layton gave a review on the Senior Executive Institute to Council and the audience including what was discussed and learned. He stated it was a great class.
Budget Amendments
Town Manager Layton stated that the budget amendment appropriates the money for the purchase of the Herron’s property. He stated that $1.25 million was for the installment purchase as well as a transfer from Contingency to Public Buildings of $7,656.00 which covers the closing costs associated with the purchase.
Mayor Pro Tempore Thibodeau moved to approve the budget amendments as presented.
Motion carried 5-0.
Financial Statement for the Month of July 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 welcomed Town Manager Layton back from his class. Town Manager Layton stated that the best thing about coming back was that there were no issues to deal with and that everything ran smoothly in his absence.
Mayor Morrison thanked Ron Forlano and the Planning Board for all of their hard work.
COUNCIL MEMBERS’ AGENDA
Councilor Smith stated he had nothing to report.
Councilor Caviness stated she had nothing to report.
Councilor Lindley stated he had nothing to report.
Mayor Pro Tempore Thibodeau asked for an update on the work at the Tuckahoe subdivision entrance. Town Manager Layton gave Council and the audience a brief update. Mayor Pro Tempore Thibodeau asked how Council would discuss renaming the Town. Mayor Morrison thought that Council could think about it, talk amongst themselves and perhaps put it on a future agenda.
OTHER BUSINESS
Mayor Morrison stated that the next meeting will be the regular mid-month meeting on Wednesday, August 16, 2006 at 1:00 p.m.
There being no further business to discuss, Councilor Lindley moved to adjourn.
Motion carried 5-0.
The time was 8:40 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor