TOWN OF DUCK
TOWN COUNCIL
RETREAT
January 24 & 25, 2007
The Town Council for the Town of Duck convened at the Sanderling Inn at 9:00 a.m. on Wednesday, January 24, 2007.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Denver Lindley, Jr.; and Councilor Bart Smith.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton, Director of Community Development Suzanne Cotellessa; Fire Chief Donna Black; Barry Moss of Tymoff & Moss Architects; John Tymoff of Tymoff & Moss Architects; Chris Dewitt of Vanasse Hangen & Brustlin, Inc.; Building Inspector W. Cory Tate; and Administrative Assistant Sandy Cady.
ABSENT: Police Chief Dale Hamilton; Town Attorney Donald I. McRee, Jr.; and Deputy Town Clerk Lori Kopec.
Mayor Morrison called the meeting to order at 9:10 a.m. He welcomed all to the Retreat and stated that Council planned to meet for two (2) days and had a full agenda ahead of them. He stated that Council planned to conduct the Retreat informally. He asked the audience that if they wished to speak to raise their hand to be recognized.
PLANNING ISSUES
Discussion of Pending Issues
Director of Community Development Suzanne Cotellessa was recognized to speak. Director Cotellessa stated that there are three (3) pending issues which are items that the Council had passed down to the Planning Board for discussion and consideration.
Tree and Vegetation Ordinance
Director Cotellessa stated that the Town of Duck is looking at this issue simultaneously with several other towns, most notably the Town of Southern Shores. She stated that the Planning Board has had several public meetings on the issue, received input from an arborist, from the local North Carolina Agricultural Extension Agent, from a local North Carolina architect, and other members of the landscaping community as well as citizens. She stated that the input has generally been that people want to avoid clear cutting, that vegetation is important to the environment, but that the ordinance not be cumbersome. She went on to review the ordinance with Council and the audience.
Town Manager Layton asked if Director Cotellessa had spoken to how the Town started on the issue. Director Cotellessa stated that the first three (3) items on the agenda were all items that were remanded down to the Planning Board from Council. She stated that there were several discussions about stormwater, lot coverage, softening the look of homes; all of which led to sending the item down for discussion. Town Manager Layton asked Director Cotellessa to point out the references to the Land Use Plan in the ordinance. Director Cotellessa reviewed the references with Council and the audience.
Mayor Morrison clarified that “canopy” refers to both trees and shrubbery. Director Cotellessa stated he was correct.
Mayor Pro Tempore Thibodeau clarified that the house and the pool are taken out of the calculation for the fifteen percent (15%) coverage for trees. Director Cotellessa stated that the way the ordinance is written, it takes out the footprint of the principal dwelling but when planning for the accessory structures, septic and other items on the lot, vegetation will need to be included to make sure that fifteen percent (15%) of the area has vegetation. Mayor Pro Tempore Thibodeau asked if the shrubs and trees are counted or if other things would be counted as well. Director Cotellessa stated that the ordinance is written to allow that if a big tree is planted, the homeowner would receive credit for four hundred (400) square feet. A little tree would get the homeowner two hundred (200) square feet. She stated that the shrubbery would also be calculated if a homeowner did not want to plant trees.
Councilor Caviness asked what kind of discussions the Planning Board had about residential homes and lots if a homeowner wanted to do a major renovation to their lot. Director Cotellessa stated that at the last meeting there was a lot of public input on the issue. She stated that the ordinance would allow a homeowner to remove a tree but they would need to maintain the fifteen percent (15%) vegetation.
Mayor Morrison asked if a builder could come in and clear cut a lot and replace the trees with bushes. Director Cotellessa stated they could. She stated the ordinance offers a response to clear cutting but does not prevent it.
Councilor Caviness asked what the process was if a house is built and the season is inappropriate for planting. Director Cotellessa stated that if the season is inappropriate for planting when a Certificate of Occupancy is requested, a conditional CO would be issued with a cash bond.
Mayor Morrison asked if the only permit needed would be to remove a tree that is twenty-four (24) inches in diameter. Director Cotellessa stated that it would be the only thing needed if there is reconstruction or substantial reconstruction.
Mayor Morrison asked if people have to use trees that are on the Town’s approved list. Director Cotellessa stated that the purpose of the list is to show trees that are hearty and native to the area. She stated that people can plant anything they want to on their lot but would need trees from the approved list to count towards the fifteen percent (15%). Mayor Pro Tempore Thibodeau asked if trees that weren’t on the approved list were undesirable. Director Cotellessa stated that they could be planted but they wouldn’t survive.
Councilor Smith asked for a definition of “common open space of any development”. Director Cotellessa stated it was neighborhoods where there is common land that is owned. Councilor Smith felt the portion of the ordinance that speaks of identifying trees on a homeowner’s property was too detailed. He asked if a homeowner would have to hire an arborist to identify the trees and would the location be general or specific. Director Cotellessa stated that it would only come into play for substantial development or redevelopment. She thought that the idea was not to get so specific that the Town loses sight of “one for one”.
Councilor Smith stated that he had to read the draft ordinance a few times and was worried. He thought that if a developer or builder had to read it more than once it would cause frustration. He stated he understood the reasoning for it but thought it was written way too particular. He didn’t think it had to be so detailed. Mayor Pro Tempore Thibodeau echoed Councilor Smith comments. She felt it was hard to read. She asked what the staff time involved would be. Director Cotellessa stated that the ordinance has a simplistic nature to it. She explained parts of the ordinance to Council and the audience. She suggested rewording the ordinance to make it easier to read.
Mayor Morrison asked if the draft ordinance has been approved by the Planning Board. Director Cotellessa stated it hadn’t. She stated that it had gone through a lot of review but the Planning Board wanted Council’s input before sending it forward to them.
Councilor Lindley stated that the language of the ordinance is complex but that the visual was simple. He thought that it just needed to be tied together.
Councilor Caviness asked if the language in the ordinance is the same as what other municipalities are using. Director Cotellessa stated that the Town of Southern Shores is still working on their ordinance and the Town of Manteo has an ordinance for the Roanoke Island corridor which is a little more involved than what the draft ordinance has in it.
Mayor Pro Tempore Thibodeau stated that she was concerned about the subjectivity of the detail of the ordinance. She thought that the section of the ordinance on trimming was too vague.
Councilor Smith pointed out that it is not easy to plant a tree, nor is it obvious if a tree is planted incorrectly in the beginning. He asked how the Town will handle Certificates of Occupancy for newly planted trees. Director Cotellessa stated that it is a problem. She stated that the ordinance states that the tree management plan will show how a homeowner will plant a tree. She stated that trees may not be planted correctly. She stated that the idea is for homeowners to maintain a level of vegetation on their lots so that if it dies, it will be replaced. She stated that the Town is taking very small steps with the ordinance. She stated that they will do the best and hope it works.
Councilor Smith asked what the ramifications would be on the aquifer with regard to well water. Town Manager Layton stated that Dare County is looking for subsurface aquifer storage as they have so much water and cannot build enough water towers to store it. Councilor Smith thought Dare County Water was looking to put in a water tap near the water tower in Duck. Town Manager Layton stated that they wanted to put a subsurface storage area at the park property. He stated that well water is a natural process for irrigation but city water adds to the ground water issue. Councilor Smith asked if the water eventually returns to the aquifer or does it run into the ocean and sound. Director Cotellessa stated it does both. Building Inspector Cory Tate was recognized to speak. Building Inspector Tate stated that with regard to public wells, they are drilled hundreds of feet deep and installed so that when the water table is drawn down, it will not affect the subsurface aquifer.
Mayor Morrison asked for comments or questions from the audience.
John Wander of 119 Sandcastle Court was recognized to speak. Mr. Wander asked how the ordinance would affect certain homeowner associations that require tree trimming for views. Director Cotellessa stated that there is nothing in the ordinance that prevents a person from trimming trees but the ordinance prevents topping trees. She stated that if a tree needs to be trimmed or topped, the homeowner would have to provide replacement vegetation.
Gene Schwarz of 103 Quail Way was recognized to speak. Mr. Schwarz stated that he was concerned with topping acts that are harmful to trees. He asked how it could be enforced by the Town. Director Cotellessa stated that part of the discussion with the Planning Board was that a large part of enforcement will be complaint driven. She stated that the idea was not to go after each and every person for little things they are doing on their property. She stated that there aren’t any regulations in place right now. Town Manager Layton asked if a homeowner tops all of his trees, a complaint is called in, the Town goes out to tell them to stop and the homeowner ignores the stop order, what could be done. Director Cotellessa stated that the homeowner would be fined. She stated that it will be hard to enforce every issue that comes along but thought that the Planning Board recognized that and that the ordinance provides a tool to deal with the issue.
Ron Forlano of 1378 Duck Road was recognized to speak. Mr. Forlano stated that the ordinance is very watered down. He stated that the Planning Board can work to further simplify the language of the ordinance. He agreed to the removal of subjectivity in this ordinance or any ordinance. He stated that the problem is that Duck is the only municipality that is this close on passing a tree ordinance. He stated that Duck has always been one step ahead of everyone else. He stated that the Board simply needs to tweak the ordinance some more.
Olin Finch of 116 Sandy Ridge Road was recognized to speak. Mr. Finch asked if the tree management plan would be required before or after construction. Director Cotellessa stated it would be required before. He stated that the expense of the plan was a concern of his. He suggested that there be more flexibility as to how the Town accomplishes the end goal.
Mayor Morrison suggested that the Planning Board take the ordinance back and simplify the language on page 4 and come back with a finished product.
Driveways/Lot Coverage Zoning Text Amendment
Director Cotellessa stated that issue is one with respect to driveways and lot coverage. She went on to give a short overview of why lot coverage is regulated. She stated that the Planning Board has looked at parking and lot coverage with respect to old and past site plans. She stated that gravel in driveways has not reduced lot coverage but that the coverage has gone elsewhere such as pool decks. She stated that the Planning Board is trying to get direction from Council as to what the issue is. She stated that the Planning Board is asking Council if they should be looking at house size as well as or instead of coverage and parking issues. She pointed out that the Town of Southern Shores has had problems with lot coverage and the recent changes to their regulations. She stated that the Town does not count decks in lot coverage, which is different from the other jurisdictions.
Councilor Lindley thought that everyone had a sense of what the Town should be like, but that they mostly know what they don’t want. He stated that the question is how much the Town can constrain a property owner from expressing themselves and their wishes. He stated that the Planning Board has worked very hard on the issue. He thought there were three (3) ways to get at the issue of house size – limit the heated square foot area, reduce lot coverage and to try harder to sell the concept and vision of Duck to people. He stated that the Planning Board is asking Council to be as clear as possible in what they should do.
Mayor Pro Tempore Thibodeau stated that she appreciates everything the Planning Board is doing as this issue will affect so many people. She appreciated that the Board is taking things slowly. She stated that she is worried when the Town tries to overly regulate because of a few people. She didn’t think that people were trying to push the envelope by putting everything in their house. She cautioned against being overly stringent. She stated that she did not like the house size limitation and preferred keeping the issue with lot coverage. She stated that she was not sure that there is a large issue in Town but saw limiting square footage as very limiting.
Town Manager Layton asked if site plans are pushing the thirty percent (30%) mark. Director Cotellessa stated they were except for the Sanderling subdivision. She stated that the standard is twenty-nine point eight percent (29.8%) and it does not include decks, gravel or driveways. She stated that, as a community, the Town established limiting the number of bedrooms but not the number of occupants on a lot.
Town Manager Layton stated that one of the larger aesthetic concerns he has heard is that with the regulations currently in place, lots end up with front areas that are just parking. He asked if aesthetically, that was what the Town wants. He stated that it is part of the discussion as there is a synergy between house, bedrooms, parking and lot coverage. He stated that if you take lot coverage requirements out of one area, a reduction is not found in the lot coverage, but it is put into something else.
Councilor Smith stated that the discussion has been the same for the past eighteen (18) months. He stated that all discussions start out the same and take the same path. He thought the Council should ask what the issue is and why the same discussion is happening. He stated that there will be no happy medium until the problem is figured out. He stated that it basically all boils down to money. He suggested that Council stop beating around the bush and get to the point, which is – how big should houses be in Duck? He didn’t think Duck would ever be a retirement community as land and homes cost a lot. He stated that the majority of the homes in Duck are investment properties. He wondered who Duck is for and who is the Council and Planning Board trying to shape Duck for – the locals, visitors, the homeowners or everyone? He stated that until those questions could be answered and it is figured out what needs to be achieved, the same conversations will be had over and over again. He thought that the issue could not move forward until the “gorilla in the room” could be identified. He asked where the Town goes from here. He didn’t think there would be a solution until they got to the point of what they are trying to say. He stated that the Town is getting ready to lose a major component of the character of Duck, which are the unique home sizes. He stated that Council needs to determine what they want to achieve by discussing the issue and until they can, nothing will be solved.
Mayor Morrison called for a ten (10) minute recess. The time was 10:39 a.m.
Mayor Morrison reconvened the meeting. He stated that Council had been discussing parking, driveway, and lot coverage issues. He asked the audience for their comments.
Gene Schwarz was recognized to speak. Mr. Schwarz stated that the residents of Duck have an interest in what the Town is doing, however ninety percent (90%) of the homeowners do not as they depend rental income. He cautioned Council to be mindful of that. He stated that by restricting the size of homes, it will drive people to go elsewhere such as Pine Island. He stated that Duck has always been a tourist community with very few locals.
Councilor Smith stated that Mr. Schwarz’s comments were the reason he asked who is Duck for? He wondered if it was for the locals, the renters or the absentee homeowners. He wondered why people are renting homes in Duck. He didn’t think it was because of the big homes. He stated that people come to Duck because it resembles what it used to be. He stated that if the density continues to increase during the summer, the architectural characteristics start disappearing. He pointed out that Duck still is one of the unique locations on the Outer Banks. He stated that if the larger homes continue to flourish, the beach will become too crowded. He wondered if changes are not made and if Duck continues to be a village with very large homes, will Duck remain Duck. He didn’t think it would.
Councilor Caviness agreed with Councilor Smith’s comments. She stated that the Town needed to keep Duck Duck. She stated that Duck is not just a commodity.
Mayor Pro Tempore Thibodeau agreed with Councilor Caviness’ comments. She stated that Duck is a wonderful place unlike other locales. She stated that she takes exception to Councilor Smith’s comments to “keep it the way it was” idea because there are those that have not been coming to Duck for many, many years, so their impression is different. She stated that Council and the Board should be looking at redevelopment. She stated that the Town now has an eclectic group of homes that will not be all leveled at once. She thought that people like what they are coming to see in Duck. Councilor Smith clarified that he was not referring to the small beach box type homes but the larger homes. He stated that he did not say that he wanted Duck to stay the way it was, but rather that Duck has characteristics that remind people of the way it used to be. He stated that he was not talking about the old days in Town.
Mayor Morrison cautioned Council to keep in mind the purpose of the discussion. He stated that the Planning Board has asked the Council to discuss the inter-relationship between lot coverage, parking requirements and house size. He asked for ideas from Council. He stated that the Planning Board has considered counting all driveways and parking in lot coverage. He asked what the effect would be on house size.
Director Cotellessa stated that if the gravel driveways are counted in lot coverage, the end result would be close to forty percent (40%) lot coverage. She stated that if driveways are incorporated into lot coverage it will push the aspect of the pool or house getting smaller. She stated that houses are getting bigger partly because decks are not counted in lot coverage. She stated that not counting decks is a value judgment as the Town values decks and should encourage them. She stated that parking and decks all have an impact on house size as well as the development pattern on a lot.
Mayor Morrison asked if the Town counted uncovered decks as a fifty percent (50%) credit for lot coverage instead of one hundred percent (100%). Director Cotellessa stated it could be looked at. Mayor Morrison didn’t think the Town could regulate the number of people in a house. Mayor Pro Tempore Thibodeau thought it was a health department issue. Director Cotellessa stated it was up to the health department to determine whether or not the number of people in a house exceeds the capacity of the septic system. She stated that the Town could decide that a septic system could not be put in place for more than the number of people per bedroom.
Mayor Pro Tempore Thibodeau stated that she can see that the envelope has been pushed with respect to gravel. She stated that if the Town did decide to count gravel in lot coverage, homeowners would lose incentives to use permeable surfaces. She stated that if gravel is counted, it would be a good idea to allow more stacking with regard to the parking. She stated that she would rather leave the allowed number of occupants to the health department.
Councilor Smith suggested that Council could discuss Councilor Lindley and Mayor Pro Tempore Thibodeau’s earlier comments regarding limiting the heated square footage of the house based on lot size. He thought that Council could also discuss completely counting driveways in lot coverage or a percentage of the driveways; look at allowing stacking of cars; possibly requiring a certain percentage of the square footage of the house to be decks or count decks at fifty percent (50%) lot coverage; decreasing the lot coverage to twenty-five percent (25%) versus thirty percent (30%); and limiting two (2) persons per bedroom, but that would leave smaller bedrooms. He stated that not only will there be a house size issue but also a density issue. He stated that some of these discussion points address both house size and density but others address only one issue.
Jon Britt of 1308 Duck Road was recognized to speak. Mr. Britt pointed out that the Planning Board had discussed not changing much of anything. He stated that the Town may not need to do a whole lot with the issue. He stated there has been a lot of good input on the issue from everyone. He stated that the main reason the issue was brought back to Council was because the Planning Board was not in agreement that not much of anything should be changed.
Joe Blakaitis of 115 Sandpiper Cove was recognized to speak. Mr. Blakaitis agreed with Mr. Britt’s comments. He stated that it was interesting listening to the Council discussion as it was very much like the Planning Board discussions. He stated that it was difficult to take a mature community and try to change it. He stated he would like to see a square footage limitation on homes but that it cannot be done now.
Director Cotellessa stated that the Planning Board had decided to scrap the ordinance and start looking at the issues to have the type of discussion that is being held to figure out where the Board needed to go. She stated they wanted to start over with the process by coming to Council to get input as to what they should do. She thought they were looking for more direction from Council on the issue.
Olin Finch asked if Council was asking if homes are too large and if they were asking the Planning Board to come up with a way to make them smaller. He didn’t think they were clear on it. He asked if they were making a statement or a directive. Mayor Morrison stated that Council had not made a statement that houses are too large, but have been discussing the whole issue for years. He stated that they have been doing it in response to complaints from the public. Mr. Finch thought that once Council finds the resolve as to what to do, they would then have to decide what the Board is directed to do. He asked if Council will be telling the Board to come up with a way to have smaller homes or asking for their opinion, which would have different answers. Mayor Morrison stated that the Board is not being told anything at this point. Mr. Finch asked if the Council is asking for the Board’s opinion. Mayor Morrison stated that that is what Council has done as the Planning Board is an advisory board.
Director Cotellessa stated that the Board had received input from the Land Use Plan to work with the ordinance. She stated that the other issues were why things are changing, what has changed and if the changes affected the size of homes. She stated that the changes have affected the size of homes. She stated that Council can pass down to the Planning Board a directive that there is a problem. She thought that it was critical for Council to tell the Planning Board that there is a problem. She stated that once the Board knows there is a problem, they can work to get at a solution.
Mayor Morrison asked Council if they thought there was a problem with the size of homes.
Councilor Lindley stated that National Geographic had completed a report recently about the Eastern Seaboard and growth. He stated that the report stated that the worst case would be to let go and let the large homes happen. Councilor Lindley stated that the pressure is almost entirely economic. He stated that those towns that have maintained their value have control and restrained growth. He stated that Council can say they have something special that is worth taking heat about. He thought that the dollar value has remained with those that have controlled growth. Mayor Morrison stated that the reporter had stated that the Outer Banks is in danger of entering a downtrend as far as quality of life.
Mayor Morrison asked how many Council members felt that something needs to be done to tighten things up. Councilors Lindley, Smith, Caviness and Mayor Morrison raised their hands. Mayor Pro Tempore Thibodeau did not. Mayor Morrison asked what needs to be done. He thought a good place to start was to make some minor adjustments such as having the Planning Board discuss the way to tighten up by making all driveways gravel and not counting it towards lot coverage. He thought that the Board could consider altering the way the Town handles decks by giving homeowners a fifty percent (50%) credit for uncovered decks.
Mayor Pro Tempore Thibodeau suggested that the Planning Board give some incentive to allow for permeable decks. She suggested that stacking be allowed so that parking not become a hassle.
Councilor Smith agreed with Mayor Pro Tempore Thibodeau’s suggestions. He stated he would like to see driveways counted in lot coverage, looking into the idea of stacking, encourage decks via counting them as a percentage of lot coverage. He stated that he disagreed with giving a credit for permeable surfaces as the Town has tried that in the past and it has not worked. He suggested having an incentive through vegetation with permeable driveways. He stated that the Town needs to make decisions now so the value for the future can be retained.
Ron Forlano stated that he is still looking at a purpose for looking at the ordinance. He stated that he wants the Planning Board to state the basic purpose is to not improve the quality of life in Duck but to make houses smaller. He stated that that is what he was looking for in regard to a direction from Council. He felt the quality of life issue comes into play after the purpose is established.
Joe Blakaitis asked if Council wanted the homes made smaller or kept from getting bigger. Mayor Morrison thought the Town wanted to control the growth of what is being built before it gets totally out of hand.
Councilor Caviness thought that the homes in Duck are getting too big. She thought it wasn’t as simple as stating that the houses are getting too big. She stated that with the homes getting bigger, there are more impacts. She stated that some people may find them offensive. She stated that the Outer Banks is getting ugly because of some of the development, and because of that, houses are getting ugly. She stated that the Planning Board has struggled since incorporation with trying to deal with this issue. She stated that the reason it keeps coming back between Council and the Board is because of the unintended consequences. She stated that she supports anything that can be done to fine tune the ordinance to control density and deal with unintended consequences. She stated that if something could be done to reduce the overall size, promote open space and deal with the impacts, she would be in favor of it. Councilor Smith stated that he had stated earlier in the meeting that houses are too big. He agreed with Councilor Caviness’ comments.
Councilor Lindley stated he would like to reduce lot coverage. He stated that things need to be tightened up. He strongly recommended looking at reduction of lot coverage. He stated that the Planning Board may want to look at how much of a reduction. Joe Blakaitis agreed that things are getting ugly. He wondered if there could be some architectural guidelines that could be put in place.
Mayor Pro Tempore Thibodeau stated she would not like to see any architectural control. She appealed to the Council and the Planning Board to allow some personal liberties to new development. She didn’t think the Town should dictate too severely. She thought that with regard to reducing lot coverage to twenty-five percent (25%) there would not be a big difference. She thought people would feel constrained even more. She thought the people should be encouraged to keep their decks and not build square boxes. She thought thirty percent (30%) lot coverage was an appropriate constraint as it would allow a lot of open space.
Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor suggested that Council and the Board could define “beautiful” since everything cannot be regulated. He stated he does not have a feel for land left for development or redevelopment. He thought it would be helpful to do some discussion on what needs to be regulated.
Ron Forlano stated that he now knows what direction the Board was getting from Council. He stated that Gene Schwarz started the whole discussion by touching on the economic status as to when the Town first incorporated and how much the Town has grown over the past few years. He stated that the Town has a sizable budget but was leery about controlling the size of homes as it would be economically unfeasible to develop on property. He stated that he disagreed with Councilor Lindley’s comments regarding losing value by not controlling things. He thought that negative impacts will result from controlling the size of the houses.
Gene Schwarz urged the Planning Board and the Council to take their time and do things right.
Allan Beres of 146 Dune Road was recognized to speak. Mr. Beres stated that in the past, limiting the number of bedrooms to control density was discussed. However, it was found that that did not work. He thought the Council and the Board should revisit occupancy. He stated that size is less important than controlling the density.
Mayor Morrison thanked everyone for their comments and suggestions. He called for a break for lunch. The time was 12:01 p.m.
Mayor Morrison reconvened the meeting.
Formula Business Ordinance
Planning Director Cotellessa stated that this is the last item that Council passed down to the Planning Board for consideration and recommendation. She stated that the Planning Board had held several hearings, received input and made a formal recommendation to Council regarding formula businesses. She stated that it is the Planning Board’s very strong conviction that formula businesses are not appropriate or necessary in Town. She stated that the Town Attorney has recommended strict control rather than completely banning formula businesses. She stated that the Planning Board has recommended passing the ordinance by Council scheduling a public hearing. She went on to review the ordinance with Council and the audience.
Mayor Pro Tempore Thibodeau clarified that Kitty Hawk Kites was a formula business. Director Cotellessa stated it was. She stated that if a store has more than eight (8) locations, similar merchandise, and logos they would have to come before Council for Conditional Use Permit approval. Mayor Pro Tempore asked about the size limitation. Director Cotellessa stated that it was so that there would not be a large free-standing building.
Mayor Morrison clarified that the UPS Store would be considered a formula business. Director Cotellessa stated it would.
Mayor Morrison suggested scheduling a public hearing on February 7, 2007 regarding the formula business ordinance.
Staff Initiated Issues
Construction Management
Director Cotellessa stated this is a staff initiated issue and not anything that Council passed down to the Planning Board. She stated that it was an issue staff wanted to bring forward for discussion. She stated that over the past several years calls have come in with complaints regarding the impacts of construction on adjacent properties. She went on to show a short presentation on the issues to Council and the audience. She reviewed what the construction management ordinance would accomplish.
Mayor Pro Tempore Thibodeau stated that she appreciates that there will always be a lot of construction in Town. She stated that she could see setting a time limit for putting pool barriers up as well as having visual identification of properties. She stated that she could also see getting permission for contractors to park on neighboring lots. She thought that everything together was a little burdensome. She stated that she wasn’t sure how to regulate it.
Councilor Smith agreed with Mayor Pro Tempore Thibodeau’s comments. He stated that a pool barrier was a must. He stated that erosion management was also important, but thought the rest of the process was over-burdensome.
Councilor Lindley thought the issue should be looked at by the Planning Board.
Councilor Caviness felt it was worth it to at least have some type of a packet to hand out to contractors.
Mayor Morrison asked if there was any objection to having the Planning Board look at the issue for recommendation. It was consensus of Council to ask the Planning Board to study the issue and make a recommendation on a construction management ordinance.
Director Cotellessa presented a short presentation on ocean/sound overlay districts to Council and the audience. She discussed the uses, signage, commercial activities and future/new activities. She stated that because the issue is something that is clearly mandated in the Land Use Plan, she recommended sending it forward to the Planning Board for development of an ordinance.
Mayor Pro Tempore Thibodeau clarified that Director Cotellessa is asking the Planning Board to investigate creating an overlay district. Director Cotellessa stated she was correct. She asked if after the overlay district is created, then the regulations would take effect or if they would go hand in hand. Director Cotellessa stated they would go hand in hand. She stated that she did not expect the process to be too complicated.
Mayor Morrison asked if the issue had anything to do with airspace. Director Cotellessa stated that the ordinance would deal with water activity only but that it could dictate landing and taxiing laws for seaplanes. Councilor Smith pointed out that seaplanes would be in violation of Federal Aviation Regulations if they flew within fifty (50) feet of the shoreline.
Councilor Lindley stated that the special quality of living on the sound is the peace and quiet. He believed there needed to be some control.
It was consensus of Council to direct the Planning Board to study the issue and make a recommendation on a zoning text amendment to create a shoreline overlay district.
Definition of Building Height
Director Cotellessa gave a short presentation on issues of building height to Council and the audience. She stated that the ordinance differentiates between the flood zones and the areas of limited flooding. She discussed flood zones and building on these lots with Council and the audience and how height is measured and went on to review the effects of building height issues. She stated that she was asking if the Planning Board could look at the issue.
Olin Finch felt the ordinance was awkward. He stated that lots are dynamic and changing. He stated that three (3) story homes with a reasonable roof pitch are tight at thirty-five (35) feet to begin with.
It was consensus of Council to refer the issue to the Planning Board for review and further outreach to the development community and discussion of recommendation of the text amendment.
Property Addresses
Director Cotellessa reviewed property addressing issues with Council and the audience. She stated that future addressing needs to be done correctly and consistently especially with regard to safety issues. She stated that a requirement could be put in place to require posting when a Certificate of Occupancy is issued as well as the maintenance of addressing. She stated that it would require outreach to make sure people follow through. She stated that Duck as a community could start a uniform reflective house numbering program, particularly along Duck Road.
Fire Chief Donna Black was recognized to speak. Fire Chief Black stated that several years ago the Duck Civic Association tried to implement a program like this. She stated that it is very frustrating for the Fire Department to receive a call and not be able to find the house because of addressing issues. She stated that the program has been established with most of the other jurisdictions as a fund raiser through the fire departments. She provided an overview to Council and the audience as to what the signs would look like as well as the cost. She stated she would like to know if Council wished to implement such a program.
Director Cotellessa stated that it was discussed about requiring an address on community and private beach walkovers. She stated it was also discussed about the possibility to hold a demonstration program for the signs for properties on Duck Road. She stated that she was looking for input from Council to go forward with designing a program and bring it back at another meeting.
Mayor Morrison asked for comments.
Council Smith felt it was a great idea, especially along Duck Road.
Mayor Pro Tempore Thibodeau asked if the numbers that will be used will be ones that correspond with what 911 has. Director Cotellessa stated they would correspond to the Dare County tax records which 911 uses.
Mayor Pro Tempore Thibodeau stated that she likes the posts. She asked if the posts would have the numbers on them separate from their mailboxes. Fire Chief Black stated that if there is an existing post for mailboxes, the numbers would be attached to that. If not, then a post would be installed for the numbers. She stated she is looking for direction from Council on how to incorporate it for consistency. She pointed out that it does not need to be a fund raiser through the Fire Department. She stated that the Public Works position could be utilized to install the numbers. She stated that the Town does not have to put the numbers up – the property owner could do it as well.
Mayor Morrison asked if the idea was to make it mandatory for addresses on Duck Road. Director Cotellessa stated that Duck Road is the biggest problem right now. She thought that doing it as a demonstration project at first would be the best route. She stated that they are looking to bring back to Council a recommendation on how to do it.
Councilor Caviness felt it was important for the Town to put out guidelines regarding the issue no matter how a homeowner wishes to implement the program.
Councilor Lindley asked what needed to be done to get the project started. Mayor Morrison stated that staff needed to be asked to move forward with the project.
Mayor Pro Tempore Thibodeau stated that Council has been giving the Planning Board a lot of issues to deal with. She suggested they prioritize by moving on the smaller items first and then work on the lot coverage issue.
Councilor Caviness suggested getting the property address issue going by spring.
Council Issues
Mayor Morrison asked for any discussion on Council issues. There being none, he called for a twenty (20) minute break. The time was 1:40 p.m.
ISSUES RELATED TO TOWN HALL
Mayor Morrison reconvened the meeting.
Mayor Morrison stated that he wanted to give some background information with regard to the Town Hall property. He stated that several years ago the Town purchased 10.33 acres of property from Food Lion to be used as a park. He stated that after the property was purchased, the Town formed the Municipal Property Master Plan Study Committee to come up with ideas for the best uses of the property. As time went on, it was realized that Town staff were working in very small rented space and the Town discussed considering putting a Town Hall on the property. He stated that the Town contracted with Vanasse Hangen Brustlin, Inc. to work with on coming up with uses for the property. Chris Dewitt of VHB was selected as the project manager and came up with two concepts for the park – one with a Town Hall and one without. A survey was sent out to all of the homeowners in Duck asking them what they wished to see on the property and the overwhelming consensus was to use the property for a park only. With that, Council approved the plan without a Town Hall.
Mayor Morrison stated that Council decided to actively pursue other alternatives for a Town Hall. He stated that the Corps of Engineers was contacted and asked if there was property that could be used for a future Town Hall. Unfortunately, the Corps turned the Town down for space. The Town appealed the Corps decision and was turned down again. He stated that other properties were pursued including places where the Town could rent space in the future. He stated that due to an unfortunate event, Rick Herron, Jr. of Herron’s Family Restaurant was killed in an automobile accident in January 2006. He stated that Mr. Herron’s father decided to close and sell both the Herron’s Restaurant and the Swan Cove Restaurant. He stated that the Town looked at both properties and determined that they wished to purchase one of the properties. Council met in closed session regarding purchasing one of the properties. He explained that when a government wishes to purchase real estate or discuss personnel matters, they can do so in a closed session.
Mayor Morrison stated that Council discussed the options of purchasing either property and decided to purchase the Herron’s property for the express purpose of building a Town Hall there. He explained that the building would not only be a Town Hall but also a place for the Planning Board, the Board of Adjustments or any other organization to use for their meetings. He stated that the Town was successful in purchasing the property for one point two five million dollars ($1.25).
Mayor Morrison stated that Council voted unanimously to acquire the property for the purpose of building a Town Hall on that site. He pointed out that this property is totally separate from the park property as Council had promised the public that the park property would remain as such. He stated that some people do not think Council should be building a Town Hall and have sent email with certain inaccuracies in them. He stated that some people have thought that Council was doing everything behind closed doors without the public’s knowledge. He stated that this was not the case. He stated that if the public attends the Council meetings, they would be aware that the Town Hall building issue has been discussed in open meetings for many, many months. He pointed out that it was also written about repeatedly in the Town’s quarterly newsletters as well as the Outer Banks Sentinel, and the Coastland Times.
Mayor Morrison stated that Chris Dewitt from VHB and Barry Moss and John Tymoff of Tymoff and Moss Architects were present to give a short presentation on the very preliminary sketches of the Town Hall building. He pointed out that the concepts were just to show initial concepts and could all be changed and altered. He introduced Chris Dewitt and asked that any comments be held off until after the presentations were completed.
Presentation by Barry Moss, Tymoff & Moss Architects
Chris Dewitt of VHB was recognized to speak. He stated that he was there along with Barry Moss and John Tymoff of Tymoff and Moss Architects to discuss the preliminary plans that Mr. Moss and Mr. Tymoff have developed. He stated that VHB has worked with Tymoff and Moss on various projects and appreciate their sensitivity to design concepts. He stated that when the Herron property was purchased and the possibility arose of building a Town Hall on it, Tymoff and Moss were a natural choice to bring to the team to begin developing the preliminary plans for discussing what a Town Hall building might look like on the property.
Chris Dewitt stated he wanted to focus on what the Municipal Property Committee has been doing in terms of the Town Hall fitting in with the overall Master Plan. He stated that he is working concurrently with Tymoff and Moss. He presented the Master Plan to Council and the audience. He went on to give a short presentation on the park property.
Town Manager Layton pointed out that the purchase of the Herron property has allowed the Committee to make significant improvements to the original plan; in particular the Town saved approximately three thousand five hundred (3500) square feet of mature trees by eliminating some of the original parking. He stated that where the original playground and restrooms were to be located would have required substantial clearing, however, now it does not have to be done since the building for the restrooms is no longer needed.
Space Needs
John Tymoff of Tymoff and Moss was recognized to speak. Mr. Tymoff stated that he wanted to give an overview of their company to Council and the audience. He stated that their firm was founded in 1996 and have been involved in many important civic and municipal projects. He stated that they are excited about this project because it is different. He stated that their philosophy understands the design context being flexible.
Conceptual Layouts and Elevations
Barry Moss of Tymoff and Moss was recognized to speak. Mr. Moss reiterated their flexibility. He stated they were to serve the Town in that the plans and designs were of the Town’s making. He stated that they have met with Chris Dewitt and Mayor Morrison and discussed the square footage requirements as well as the functions of the space. He stated that they developed a space program which he handed out to Council. He reviewed Council chambers, restrooms, the Police Department option, the uses of the second floor and the first floor plan with Council and the audience. He went on to show a few floor plans and renderings of the proposed Town Hall buildings – one with the Police Department included and one without – to Council and the audience.
Mayor Morrison asked Council for questions or comments.
Mayor Pro Tempore Thibodeau asked for a sense of the footprint of the building without the Police Department. Barry Moss stated it would be approximately 4,200 square feet smaller. Chris Dewitt pointed out that the footprint was not substantially larger than what the Herron’s Restaurant was. Mayor Pro Tempore Thibodeau asked if the trees that were behind Herron’s Restaurant will be preserved in the plan. Mr. Moss stated that once they receive a more careful survey, they will work the trees in with the plans.
Councilor Lindley asked about the tower. Barry Moss stated that it is just a landmark for the park as well as a place to display the Town seal. He stated that it could be changed to a clock tower, even having one side as a clock and the other with the seal. He stated it could even be an observation point to look out at the park.
Mayor Pro Tempore Thibodeau asked how tall the tower was. Barry Moss stated that it was approximately forty-five to fifty (45-50) feet. He state that if the height was a concern, it could be brought down. He stated that in the United States, quite a few town greens have towers that are used as a point of reference for visitors.
Councilor Smith stated that an idea that came about was the ability to incorporate certain design and building features that could be used as an example to other structures that are built in Town from a green perspective. He stated that the park using gravelpave is already one example. He asked what type of items would be incorporated into the buildings. John Tymoff stated that they had discussed overhangs and porches to create shade. He stated that the possibility of having the aspects of the building be green certified would still need to be explored. Barry Moss stated that this would be a great opportunity to make this a green project.
Councilor Caviness asked how the space needs were decided. Town Manager Layton stated that he and Mayor Morrison sat down with Barry Moss. He stated that Mr. Moss has a chart with square footage uses and discussed the requirements with him. He stated that Mr. Moss uses standards for circulation as well. Barry Moss stated he would hand out copies of his presentation to Council at the end of the discussion.
Town Manager Layton stated that with the first draft, one of the ideas that were discussed was to provide meeting rooms on the first floor to be used on weekends. He stated that the vestibule area could have display items incorporated into the building that were discussed at previous meetings. Councilor Caviness clarified that he was referring to interpretative material. Town Manager Layton stated she was correct.
Mayor Morrison asked the audience for their comments or questions.
George Keefe of the Duck Community and Business Alliance and 274 Hillcrest Drive in Southern Shores was recognized to speak. Mr. Keefe went on to read a letter from the DCBA expressing their opposition of having a Town Hall on the Herron property. He stated that the DCBA questioned the existing plan and urged Council to conduct a study of viable alternatives. He stated that a survey was conducted several years ago by Town officials where members of the community stated that the Town should not include any administrative buildings on the park. He stated that by moving forward with building a Town Hall would run counter to the will of the community. He stated that the Town should look at other alternatives of the Herron’s property. He stated that the DCBA found four (4) alternatives that Council should consider – (1) moving forward with constructing a building on the former Herron property; (2) incorporating the former Herron property into the park and purchasing the Swan Cove Restaurant for Town offices; (3) leasing additional space adjacent to the Fire Department from the Corps of Engineers; and (4) expanding the present office space by renting additional space. He stated that a report should be drawn up detailing the alternatives and distributed for public comment. He stated that Council should take the public’s views and opinions into consideration before making a final decision. He stated that the DCBA felt it was premature to plan a building on the property without first exploring other alternatives. He stated that the DCBA would like to work with the Town to provide input on the alternatives. He stated that the DCBA had conducted a survey and handed out the responses to Council. He reiterated the DCBA’s stance that the park property remains as a park.
Henry Blaha of 121 Ocean Bay Boulevard was recognized to speak. Mr. Blaha felt that it should be a priority of Council to have a Town Hall built. He stated that the Herron Restaurant site as a Town Hall would be a perfect location. He stated that when the citizens stated they wanted the property used strictly as a park, it was not including the Herron property as the restaurant was still there. He stated that with a Town Hall on the site, the parking would not change. He stated that the benefits of the Town Hall would be that it would be closed on weekends so the parking could be used by people wanting to go to the park. He questioned the tower. He felt that a tower for the Town building would set a precedent. He thought it would be better to have the building look more like the Duck environment. He also questioned whether or not the Town Hall would be appropriate for the Police Department. He didn’t think it would be conducive to a family going to the park. He stated he would prefer to see the Police Department either stay at the Fire Department or at another location. He recommended going forward with the project but keeping the Police Department at their present location. Mayor Morrison pointed out that the tower could be lowered.
Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor stated that he strongly supports a Town Hall on the former Herron property. He stated that his interest in the Town Hall was from an aesthetics point and the ability to integrate it within the park with a municipal facility that would be attractive. He stated that the Town Hall would be a good proposition in that it would be a beautiful attraction and a signature for the Town and provides the kind of facilities that will be integrated with the park. He asked if the auditorium would have high ceilings. Barry Moss stated that it could have high ceilings but suggested it be lower to keep the building height smaller. Mr. Taylor suggested that the auditorium be set up so that people could leave it and go out to the sound. He stated that the primary use of the auditorium could be primarily used for public functions and not just for Town Council meetings.
Mark Copeland of the DCBA and 239 Hillcrest Drive in Southern Shores was recognized to speak. Mr. Copeland stated that he was opposed to having the Police Department at the Town Hall property as it will affect his business.
George Keefe asked why the Police Department is proposed to be at the Town Hall property. Town Manager Layton stated that a space needs study was completed in 2006 at the Public Safety building and to provide adequate space for the police, the cost estimate was a half million dollars ($500,000) to bring the building up, not including any hurricane upgrades. He stated that the reason it was added to the building was that it would have a finite number of dollars to provide adequate space. He stated that unless citizens want a tax increase, building a Town Hall with the police would put off any additions to the Fire Department building for a period of time. He stated that it was done as purely an economy of scale; a design exercise to see what could be incorporated into the building, and what the difference in square footage would be to get an estimate of cost.
Mark Copeland asked if a study had been conducted on the safety issues of vehicles coming in and out of the parking lot. Chris Dewitt stated a study will have to be conducted.
Lynne Alterman of the DCBA and 100 Ocean Crest Way was recognized to speak. Ms. Alterman stated that she questioned the aesthetics of having the Police Department at the park facilities. She felt it would create an unfriendly presence at the park.
Sam Taylor agreed with Ms. Alterman’s comments that having the Police Department at the Town Hall property was not a good idea. He stated that it seemed to him that looking at the space needs and the costs associated with it would be beneficial. He didn’t think it was an either or proposition with regard to having the police at the property.
Ed Brooks of the DCBA and 124 Ships Watch was recognized to speak. Mr. Brooks felt that the Town had a rare and unique opportunity at the Swan Cove Restaurant property. He stated that it is overpriced but should be pursued at the utmost by the Town. He stated that it is the gateway into Duck. He thought the Town had condemnation powers to condemn the property from Mr. Herron. He felt the Town was in a strong bargaining position to purchase this property.
Mayor Morrison asked for additional comments from Council or the audience.
Mayor Pro Tempore Thibodeau thought that what the Council discussed today was to open everyone’s ideas up and bounce them off of each other. She pointed out that Tymoff and Moss’ presentation was extremely preliminary. She stated that regardless of where the Town Hall will be, the site plan showed Council what space needs are out there. She thought that it was valuable that Council had the discussion. She stated that Council is open to looking at other alternatives but that there is a lot involved in buying a piece of property for the Town. She stated that she appreciated the public input and discussion.
Councilor Smith stated that when the park was acquired that it was never imagined there would be an opportunity to purchase the Herron property. He didn’t think there would a better place for the Town Hall building as it is in the heart of Duck. He stated that the Town has a unique opportunity to incorporate wonderful examples of construction methods, environmental protection methods, incorporating structures into the natural environment. He stated that as a citizen of Duck, he is excited about the potential of having a community structure. He stated that he did not like the idea of the Police Department being in the building or the tower. He thought that some of the aesthetics could be a little more coastal, but thought it was a great starting point and opportunity to put something in Duck that could be used for many generations.
Mayor Morrison asked for other comments from Council or the audience. There being none, he stated that he was grateful for the audience attending the meeting and wished there was as big a crowd at the monthly Council meetings. He pointed out that all Council meetings are open to the public and Council always wants to hear the public’s opinions. He thanked John Tymoff, Barry Moss and Chris Dewitt for their presentations.
Mayor Morrison called for a ten (10) minute break. The time was 3:04 p.m.
TOWN OF DUCK HPO MODEL
Town Manager Layton gave a short presentation on the Duck High Performance Organization (HPO) model with Council and the audience.
Arthur Thibodeau of 126 Sea Hawk Drive West was recognized to speak. Mr. Thibodeau asked what timely was with regard to communications. Town Manager Layton stated that the guideline for staff would be to return a communication in a twenty-four (24) hour period.
Mayor Pro Tempore Thibodeau asked if staff is on board with looking at the operating side of things. Town Manager Layton stated they were.
Councilor Caviness asked if this was considered a model for a municipality. Town Manager Layton stated that it was. Councilor Caviness asked how the values are achieved when there are so many conflicting issues. Town Manager Layton stated that staff is taking things at a micro level. He stated that the values they have are ones that will govern discussion on a higher level.
Administrative Assistant Sandy Cady stated that she is very excited about the HPO model.
Director Cotellessa pointed out that staff is proud of and wants to be part of what Duck is.
Mayor Morrison thanked Town Manager Layton for his presentation.
Mayor Morrison recessed the meeting until Thursday, January 25, 2007 at 9:00 a.m. He thanked everyone for attending. The time was 4:00 p.m.
RECONVENE
The Town Council for the Town of Duck reconvened at the Sanderling Inn at 9:00 a.m. on Thursday, January 25, 2007.
COUNCIL MEMBERS PRESENT: Mayor Neil Morrison; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Denver Lindley, Jr.; and Councilor Bart Smith.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton, Director of Community Development Suzanne Cotellessa; Fire Chief Donna Black; Police Chief Dale Hamilton; Police Lieutenant Phillip Ferguson; Police Sergeant Jeffrey Deringer; and Administrative Assistant Beth Garino.
ABSENT: Town Attorney Donald I. McRee, Jr. and Deputy Town Clerk Lori Kopec.
Mayor Morrison called the meeting to order at 9:05 a.m. He welcomed all to the second session of the Retreat and reviewed the agenda with Council and the audience.
PUBLIC SAFETY ISSUES
Police Department Issues
Police Chief A. Dale Hamilton was recognized to speak. Police Chief Hamilton gave a presentation on some of the issues that the Town’s police department is facing to Council and the audience.
Town Manager Layton asked Police Chief Hamilton to discuss the incident in the Four Seasons subdivision to Council and the audience. Police Chief Hamilton discussed the special operation and how the officers apprehended five (5) individuals suspected of breaking and entering vehicles in the subdivision. Mayor Morrison asked how many vehicles were unlocked. Police Chief Hamilton believed that all of them were.
Mayor Pro Tempore Thibodeau felt that oceanfront homes were considered targets. Police Chief Hamilton agreed.
Mayor Morrison felt there needs to be a better way to advertise that citizens and tourists need to secure their homes and vehicles. Police Chief Hamilton stated that the Police Department has been holding crime prevention seminars for the merchants of Duck and thought that one should be done for the residents. Mayor Pro Tempore Thibodeau asked where the seminars are held. Police Chief Hamilton stated they are held in the training room at the Public Safety building.
Councilor Smith asked if the in-car police cameras have sound. Police Chief Hamilton stated that the officers wear an audio device on their belts.
Mayor Morrison asked if weekly traffic stops are reviewed periodically. Police Chief Hamilton stated that they were.
Police Chief Hamilton reviewed the Police Department grant proposal programs with Council and the audience.
Councilor Smith asked how many grants are available statewide. Police Chief Hamilton stated that the Governor’s Crime Commission and the Governor’s Highway Safety grants are available. Councilor Smith asked how many traffic officer grants are available. Police Chief Hamilton stated that he wasn’t sure.
Councilor Caviness asked if the Police Department is hurt grant-wise because Duck is a smaller town. Police Chief Hamilton stated that a lot of small towns have difficulty because they have a hard time generating the statistics that the Governor’s Highway Safety Program wants. He stated that some grants are very restrictive. He stated that the terms of the grants have to be looked at before it is determined whether to pursue them or not.
Staffing/Reserve Officer Program
Police Chief Hamilton gave a short presentation on the reserve officer program to Council and the audience.
Police Chief Hamilton gave a short overview of the community watch program to Council and the audience.
Ron Forlano was recognized to speak. Mr. Forlano asked if there were any numbers or statistics regarding illegal immigrants posing a problem in Town. Police Chief Hamilton stated that they did not yet.
Councilor Smith asked how many people that are stopped by an officer have warrants from other places. Police Chief Hamilton stated that it is a very minor occurrence. Councilor Smith stated that he keeps hearing reports about the serious issue of the influx of drugs on the Outer Banks. He asked if the police department sees that. Police Chief Hamilton stated he doesn’t. Town Manager Layton stated that the Town did have a significant arrest a few years ago with a local business owner who was dealing drugs.
Lieutenant Phillip Ferguson was recognized to speak. Lieutenant Ferguson gave a short presentation on the Duck Watch program to Council and the audience. Town Manager Layton asked how many neighborhoods are part of the community watch program. Lieutenant Ferguson stated that officially the Four Seasons subdivision is the only one.
Councilor Lindley asked if the calls were all 911 calls or were they part of the community watch. He asked who he would call. Lieutenant Ferguson stated that if the activity is suspicious, a citizen should call 911. He stated that the non emergency number is also available. He stated that the officers have an Officer Direct Connect number as well. He reiterated that 911 would be the most important number to call.
Joe Blakaitis asked who answers the 911 calls. Lieutenant Ferguson stated that all calls are answered at the Dare County Detention Center.
Mayor Pro Tempore Thibodeau asked about the radio announcements that are made. Police Chief Hamilton stated that they record safety messages regarding traffic on AM 530. Mayor Pro Tempore Thibodeau clarified that the Police Department was not advertising the community watch on the radio station. Lieutenant Ferguson stated she was correct. Mayor Pro Tempore Thibodeau asked if the messages on AM 530 are more about general safety. Lieutenant Ferguson stated she was correct. She asked how the Police Department is reaching out to the local citizens. Police Chief Hamilton stated that they do it by speaking to the citizens. Town Manager Layton stated that the program is relatively new in Town. He thought that there would be more outreach as time goes on.
Senior Citizen Program
Police Sergeant Jeffrey Deringer was recognized to speak. Sergeant Deringer gave a short presentation on the senior citizen program to Council and the audience.
Pat Scarlett of 102 Mallard Drive was recognized to speak. Ms. Scarlett asked if Fire Department responds to an unconscious person, what the verifiable means to finding the home is. Police Chief Hamilton stated that it will be something they will work on with the Fire Department. Councilor Caviness suggested a sticker that a homeowner could put on their window.
Councilor Smith thought it was an outstanding program. He asked how the Police Department will get the word out about the program. Police Chief Hamilton stated that they would like to start out by doing some radio announcements as well as putting it in the local newspapers.
Mayor Pro Tempore Thibodeau felt it was an exceptional program. She asked if the officer has to go back to the Police Department to get the citizen’s information. Police Chief Hamilton stated they would like to create a binder that the officer could keep in their vehicles. He stated that he would also like the Fire Department have the information as well. Fire Chief Donna Black reviewed how Dare Central receives emergency calls and lets emergency personnel know if there are issues with a citizen.
Councilor Lindley thought it was an extraordinarily thoughtful program.
Police Chief Hamilton finished his presentations by reviewing park security with Council and the audience.
Mayor Morrison thanked Police Chief Hamilton and his officers for their presentations.
Mayor Morrison called for a fifteen (15) minute break. The time was 10:45 a.m.
Mayor Morrison reconvened the meeting.
Fire Department Issues
Fire Chief Donna Black was recognized to speak. Fire Chief Black gave a short presentation on some of the issues the Fire Department is facing with Council and the audience.
Overview of Fire Department Operations
Fire Chief Donna Black gave a short presentation on the Fire Department operations to Council and the audience.
Mayor Pro Tempore Thibodeau asked how the Duck Fire Department stacked up against other towns with regard to the ISO ratings. Fire Chief Black stated that the Duck Fire Department is at least at the top if not equal to the Nags Head Fire Department.
Mayor Morrison asked what the Southern Shores Fire Department’s rating was. Fire Chief Black stated that she wasn’t sure but would find out. She thought they were a four (4) or a five (5).
Joe Blakaitis asked what towns have a rating of one (1). Fire Chief Black stated that the Fire Department of New York did.
Seasonal/Long Term Fire Fighter/EMT Issues
Fire Chief Donna Black gave a short presentation on seasonal and long term EMT issues as well as fire fighter issues with Council and the audience.
Mayor Morrison asked for questions.
Councilor Smith asked if a Deputy Chief were hired would it be someone from outside of Duck versus promoting someone who is in Duck. Fire Chief Black stated she would hire from outside as she would want someone to supplement what is already there. Councilor Smith asked if there was a good chance of finding someone on the Outer Banks or would it be someone from a bigger city. Fire Chief Black thought they could be from the Outer Banks or outside. Councilor Smith asked if EMT would be enough of a qualification or would a paramedic level be considered. Fire Chief Black stated that the Fire Department does not respond at the paramedic level so there would be no reason to require it.
Ron Forlano asked what percentage of calls was medical and fire related. He asked if Fire Chief Black was satisfied with training. Fire Chief Black stated that she was satisfied with the training. She stated that sixty-two percent (62%) were EMS calls and twenty-two percent (22%) were fire calls. Police Chief Hamilton pointed out that the police and fire departments respond to every call in Town.
Mayor Morrison thanked Fire Chief Black for her presentations.
Mayor Morrison called for a thirty (30) minute break for lunch. The time was 12:30 p.m.
DISCUSSION OF FLAG CONCEPTS
Mayor Morrison reconvened the meeting.
Town Manager Layton presented renderings of flags for Council to discuss. He went on to show the renderings to Council and the audience.
Council discussed the various options for a Town flag. Town Manager Layton suggested bringing back the concepts with the changes Council discussed to the February 7, 2007 meeting. He stated that he would like to have the flag by May 1, 2007. He stated he would present the concepts at the February 7, 2007 meeting.
BUDGET ISSUES
Budget Overview/Financial Forecast
Overview
Town Manager Layton gave a short presentation on the budget overview and financial forecast to Council and the audience.
Impact of Shared Revenue Shortfalls
Town Manager Layton gave a short presentation on the impact of the shared revenue shortfalls to Council and the audience.
Mayor Pro Tempore Thibodeau asked if the Information Technology expense was contracted to stay at $3,000. Town Manager Layton stated it was based on the formulas he used to predict where the expenditures will be. He pointed out that the number was for service on the computers for the Town.
Councilor Smith clarified that the timeframe for low contributions to the reserve fund was two (2) years. Town Manager Layton believed it was. He stated that this year may be the first year for a low deposit. Councilor Smith asked at what point a spending freeze would be implemented. Town Manager Layton stated that the Town is presently in a modified spending freeze.
George Keefe complimented Town Manager Layton on the budget and asked what the current fund balance was. Town Manager Layton stated it was 1.5.
Capital Improvements Program
Overview
Town Manager Layton gave a presentation on the Capital Improvement Program for the Town to Council and the audience, explaining how the CIP process works.
Priorities
Town Manager Layton discussed the priorities process of the CIP with Council and the audience.
Mayor Pro Tempore Thibodeau asked if the projected cost figures would match 2006’s numbers. Town Manager Layton stated it would but in some cases the numbers will be refined based on new information.
Occupancy/Land Transfer/Sales Tax Distribution Formulas
Town Manager Layton discussed occupancy, land transfer and sales tax distribution formulas with Council and the audience.
Councilor Caviness wondered how it was possible that legally from the State’s perspective; occupancy tax is based on population. Town Manager Layton stated he was showing areas that were discussed in the past and didn’t mean it to be by population. He stated that there is speculation that if the resolution that the Town of Southern Shores passed is not unanimously adopted, it won’t go anywhere. He pointed out that population has been discussed in the past.
Gene Schwarz stated that the Town discussed the issue three (3) years ago with Paul Sutherland of the Town of Southern Shores initiating the issue. He stated that the reason it was dropped was because there were so many other forces that are opposed to any of it going to the County. He stated that Duck is one of very few towns that benefit from occupancy or land transfer taxes.
Mayor Pro Tempore Thibodeau thought the resolution stated that the towns come up with a plan. She stated that she wanted to know Town Attorney Ike McRee’s position.
Councilor Smith stated that occupancy tax revenues must be used for tourist related issues. He stated that the definition in the resolution is broad and thought that citizens didn’t know what occupancy tax is to be used for.
Ron Forlano asked what it took to push a resolution forward. Town Manager Layton stated that in this case, Dare County would have to send it forward. He stated that if the resolution is not unanimous, Dare County will not make a recommendation. He stated that the Town of Nags Head will not pass the resolution.
Mayor Pro Tempore Thibodeau asked Mayor Morrison how the Town of Kitty Hawk got on board with the resolution. Mayor Morrison stated he wasn’t sure. He stated he wasn’t sure if the Town of Kill Devil Hills was on board but knew that Nags Head would decline to pass the resolution. He stated that he was told by Dare County’s attorney that it would not be passed to the Dare County Commissioners unless it was unanimously passed by the six (6) municipalities. He stated that if it did pass and was sent to Raleigh, it would not move forward unless there was unanimous support of the six (6) municipalities. He stated that he wanted to