TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
February 7, 2007
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, February 7, 2007.
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, Director of Community Development 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 7:00 p.m. Mayor Morrison asked John Jenkins 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.
Ben Birindelli of 303 Sea Oats Trail in Southern Shores was recognized to speak. Mr. Birindelli stated that he was at the meeting on behalf of the League of Women Voters to hand out copies of the new Citizen’s Guide. He thanked Council for their financial support to the League of Women Voters.
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 January 3, 2007 regular meeting. Mayor Morrison directed Council to review the minutes from the January 3, 2007 meeting for changes.
Councilor Smith had one deletion to Page 3 of the minutes. Deputy Town Clerk Lori Kopec stated she would strike the sentence from the minutes.
Councilor Lindley moved to approve the January 3, 2007 minutes as amended.
Motion carried 5-0.
PUBLIC HEARINGS
Public Hearing/Discussion/Consideration of Ordinance No. 07-03, an Ordinance Amending the Official Zoning Map of the Town of Duck, North Carolina, for Lots 19 AND 20, Station Bay Cove, to be Recombined as Lots 19A and 20A
Director of Community Development Suzanne Cotellessa was recognized to speak. Director Cotellessa stated that the ordinance would amend the official Zoning Map of the Town of Duck and provide a lot line adjustment to provide additional usable space and appropriate setback and buffer areas between future Lot 20A and future Lot 19A. She stated that the Planning Board reviewed the application and ordinance and recommended approval.
Mayor Morrison opened the public hearing for Ordinance 07-03. He asked for public comments.
E. Crouse Gray of Gray & Lloyd was recognized to speak. Mr. Gray stated that he was the attorney for the applicants and would answer any questions Council had.
There being no one else wishing to speak, Mayor Morrison closed the public hearing.
Mayor Morrison opened the floor to Council for discussion.
Mayor Pro Tempore Thibodeau moved to adopt Ordinance 07-03 as presented.
Motion carried 5-0.
Public Hearing/Discussion/Consideration of Ordinance 07-04, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina regarding Formula Businesses
Director Cotellessa stated that Council had referred the issue to the Planning Board on March 15, 2006 for review and consideration of appropriate regulations. She stated that the Planning Board began discussing the issue in August 2006 and concluded its discussion with a recommendation in January 2007. She stated that the Planning Board adopted a motion stating that its opinion was that formula businesses should not be permitted in Town. The Board recommended that the Town adopt regulations to tightly control such businesses by way of a Conditional Use Permit. She stated that the ordinance was recommended for approved 3-1 with one member dissenting on the basis that formula businesses should be outright banned.
Mayor Morrison opened the public hearing for Ordinance 07-04. 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 asked if existing formula businesses would have to go through a review process. Director Cotellessa stated they wouldn’t as they are grandfathered, unless they wanted to expand. Mayor Pro Tempore Thibodeau asked if street frontage would be strictly adhered to. Director Cotellessa stated that the idea was to limit the appearance and bulk.
Councilor Smith asked why gas stations would be exempt from the ordinance. Director Cotellessa thought that things that were not normally franchise businesses were taken out of the mix. She stated that there are not a lot of independent gas stations. Councilor Smith thought real estate offices were formula businesses. Director Cotellessa stated that those types of businesses are franchises and have common logos. She thought the Planning Board wanted to eliminate them since they are prevalent in the area. She stated that their architecture would be controlled by the Town’s architectural guidelines. Councilor Smith felt that the point “The Formula Business establishment will not result in an over-concentration of formula business establishments in its immediate vicinity or the Town as a whole…” was extremely vague. Director Cotellessa stated that the Council and Planning Board would have to make the findings of an over-concentration. Councilor Smith asked for the meaning of the point “The Formula Business establishment will contribute to a diverse and appropriate blend of businesses in the community and preserve the sea coast town ambience reflective of the history and people of the community…” Director Cotellessa stated that the sentence was so as not to have the same type of businesses in Duck, such as coffee shops.
Councilor Lindley clarified that the Town’s ordinance would control the size of a sign for a business. Director Cotellessa stated he was correct.
Councilor Caviness questioned why gas stations and utility companies were excluded. She felt it would be a benefit to have them blend in more and not look so institutionalized. Director Cotellessa stated that they have already gotten at the architecture. She stated that utility companies have the same logo on all of their buildings. She stated that by exempting them, they are not required to go through a CUP process for a formula business but they would have to meet commercial architectural guidelines. Councilor Caviness asked if there would be any benefit to not exclude certain businesses. Director Cotellessa stated that it didn’t make sense for a utility company to go through the process.
Councilor Caviness moved to approve Ordinance 07-04 as presented.
Motion carried 5-0.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion/Consideration of Ordinance 07-02, an Ordinance Establishing a Reserve Police Officer Division
Town Manager Christopher Layton was recognized to speak. Town Manager Layton stated that at the Council’s Retreat, Police Chief Hamilton had recommended the establishment of a reserve police officer program for the Town. He stated that this program would allow for the Town to have trained police officers available for special events where additional personnel would be needed. He stated that costs for the program would be for uniforms, equipment, liability insurance and workers’ compensation insurance. He stated that the ordinance would not be effective until July 1, 2007 and compensation would be subject to money provided by Council through the budget process.
Mayor Morrison asked if the officers will have to serve a minimum of twelve (12) hours per month. Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton stated that they would not have to serve that time as he could waive it. He stated that they would be using officers who are already trained. Mayor Morrison asked what the annual cost would be for the reserve officer program. Police Chief Hamilton stated it would be approximately thirty thousand dollars ($30,000), based on a twenty dollar ($20) hourly rate of five (5) officers working twelve (12) hours a month. Mayor Morrison asked if the cost would include the officer’s uniforms and weapons. Police Chief Hamilton stated it would.
Mayor Pro Tempore Thibodeau asked if the target goal was five (5) officers. Police Chief Hamilton stated that he may use two (2) or three (3) that work more hours. He stated that it was hard to say at this point.
Councilor Lindley clarified that the officers would not be brought on all at once but over a period of time. Police Chief Hamilton stated he was correct.
Mayor Pro Tempore Thibodeau asked if there would be monthly meetings with the officers. Police Chief Hamilton stated that the overall cost is based on the meetings. He stated that he envisioned coming up with a plan for the amount of hours needed for each officer. Mayor Pro Tempore Thibodeau asked if there would be monthly training sessions. Police Chief Hamilton stated that he envisions having officers with many years of experience that would already be trained.
Councilor Smith asked if any of the current officers request additional overtime hours. Police Chief Hamilton stated that they don’t necessarily request it but there are opportunities where it is required.
Councilor Caviness asked if the ordinance is approved, it wouldn’t mean the Town would be committed to the funding. Town Manager Layton stated that she was correct. He stated it wouldn’t lock the Town in to the figure. He stated that by adopting the ordinance early, it allows him to plan for the budget.
Mayor Pro Tempore Thibodeau moved to approve Ordinance 07-02 as presented.
Motion carried 5-0.
Discussion/Consideration of Adopting an Official Town Flag
Mayor Morrison stated that Council had some concepts in their packets for discussion.
Town Manager Layton stated that at the Retreat, Council had discussed some concepts for a Town flag. He stated that Council had requested several changes to look at. He went on to show Council and the audience the revised concepts. He stated that he would like to determine which concept was preferable so staff could move forward on having them made up.
Council each discussed which concepts they favored and decided to choose one to be used as the official Town flag.
Discussion/Consideration of Next Steps related to the Planning/Design of a Town Hall/Community Building
Mayor Morrison stated that at the Retreat a preliminary concept of the proposed Town Hall/community building was discussed. He stated that in order to finalize the initial report and how the building relates to the existing park plan, it will be necessary to meet with the architect and staff of VHB. He stated Council will have to establish a future date and time to continue discussions and receive input from the public.
Mayor Morrison stated that architects from Tymoff and Moss had presented very preliminary ideas for a Town Hall to Council. He stated that the former Herron’s Restaurant property was purchased by the Town for $1.25 million dollars for the purpose of building a Town Hall. He pointed out that this was done only after an exhaustive search for other alternatives, starting with the Army Corps of Engineers property. He stated that the Corps of Engineers declined the Town’s request; the Town appealed up to the top and was declined again. He stated that other alternatives were then pursued such as rental property as well as offers to have a Town Hall built on other sites, but none proved to be satisfactory. He stated that after the unfortunate death of Richard Herron, Jr., his father decided to sell both the Herron Family Restaurant and Swan Cove Restaurant properties. He stated that the Town considered both properties and decided that the Herron property was the natural choice since it was located right where the Municipal Property was. He stated that the Town entered into negotiations with Richard Herron. He stated that Council asked Town Manager Layton and him to conduct the negotiations with Mr. Herron and they met with him many times. He stated that Mr. Herron initially was asking $1.8 million dollars for the property, the Town had the property appraised as did Mr. Herron and it was appraised at $1.2 million dollars. He stated that the Town then started their negotiations. He stated that Council gave $50,000 wiggle room which had to be used and was used toward the purchase price along with an agreement that the playground would be named the Richard Herron, Jr. Playground in memory of the late Richard Herron, Jr. He stated that the Town purchased the property for $1.25 million dollars for the purpose of building a much needed Town Hall not only for use by Council and the staff but also for use by the community.
Mayor Morrison stated that Council visualized not only civic but cultural events being held at the Town Hall and thought it would be exciting for the community. He stated that Council knows some people oppose the Town Hall but thought that they will eventually come around and realize what a wonderful thing it will be for the entire community of Duck.
Mayor Morrison stated that the next step will be to meet with the architects – Tymoff and Moss – and tell them what the Town’s ideas are. He pointed out that the plan was just an initial one, a start and nothing more. He stated that Council asked the architects to come up with two (2) initial plans, one with the police department included and one without. He stated that Council has not made any decisions as to whether the police department should or should not be in the building. He stated that the architects also showed a tower on the building that was approximately forty-six (46) feet tall. Council immediately pointed out that the Town’s zoning ordinance only allows for thirty-five (35) feet. He stated that that matter should have ended right there as the height of the tower is not allowed and Council will not violate their own ordinance. He stated that there are exceptions with regard to towers for church steeples, cupolas and towers that allow an additional five (5) feet if it was so desired, but it could never be forty-six (46) feet high. He stated that this was pointed out at the Retreat.
Mayor Morrison stated that Council solicits the views of the public and everything is out in the open. He stated that before any plan is approved, there will be public hearings and Council will want to have meetings where the public can meet and speak to the architects to express their views. He suggested having Barry Moss come to the Council’s mid month meeting on Wednesday, February 21, 2007 at 1:00 pm. He invited the public to attend the meeting as well to discuss the building.
Mayor Morrison reiterated that everything is out in the open. He stated that some people had thought Council was secretive in the negotiations with Mr. Herron. He stated that Council had to be as real estate negotiations are not done in front of the public. He stated that once the property was bought, it was announced to the public, was in the Town’s newsletter, the Outer Banks Sentinel, the Coastland Times and out in the open at Council meetings. He stated that it was sad that people have been sending email communications criticizing Council’s actions by saying that there wasn’t any communication to the public, which was totally false. He stated that everything is on the website including the minutes from past meetings. He stated that nothing secretive was ever done on the issue.
Mayor Morrison asked Council for their comments.
Mayor Pro Tempore Thibodeau stated that the idea of coming up with a Town Hall included having it used as a community building to serve the needs of anyone in the community that needed to use it. She stated that she has always envisioned the Town Hall to be an indoor gathering place as well as to serve the needs of the staff. She stated that the concept was great but Council needed to know the space requirements, which was why the architect was brought in. She stated that just two (2) weeks ago, Council was presented with the square footages – without the police department in the building, the building would be 8,500 square feet and with the police department there it would be 11,000 square feet. She stated that it was a great starting point and now Council knows what they are quantatively talking about.
Mayor Pro Tempore Thibodeau stated that she was excited when the Town acquired the Herron property and has been involved with the Municipal Plan before the Town acquired the Food Lion property. She stated that there was a lot of discussion about what the park property should include. She stated that she was adamantly opposed to a Town Hall on the park property itself. She stated that there was a lot of public input on the uses of the property with the majority of the citizens saying they did not want a Town Hall on the property. She stated that she thought when the opportunity arose to purchase property for a Town Hall, that it would be ideal. She stated that most people knew that the Army Corps of Engineers had turned the Town down with regard to purchasing space for a Town Hall. She stated that other areas were researched as well, including the Swan Cove Restaurant. She stated that now that Council knows that 8,500 square feet of building will be needed, renovating the Swan Cove Restaurant was not an option.
Mayor Pro Tempore Thibodeau stated that she viewed the Town Hall building as a center to bring the community together as well as being a place to gather. She stated that if it is done tastefully so that it blends in, it will be a great asset to the Town. She stated that she didn’t think it was an attempt to over-develop the land, but was amazed at the number of people that weren’t aware that the Army Corps of Engineers had turned the Town down more than once for property. She stated that she was also surprised that people thought Council was being subversive as the concepts for the Town Hall were just received a few weeks ago. She stated that now that Council has the concepts, discussions could start on what is and what is not needed. She stated that the public will be part of this process. She pointed out that the building is just in the beginning stages. She stated that she looks forward to a lot of dialogue with all citizens of the Town to keep them involved in the process. She pointed out that the concept is just that – a concept. She suggested having the mid month meeting in the evening so more people could attend and provide input.
Mayor Morrison stated that the meeting could be changed to an evening meeting and visualizes the meeting as one where ideas could be exchanged between the public, Council and the architect. He stated that this way, Council will learn what people want and think.
Councilor Caviness stated that the DCBA is a fine and important organization for the community, however, she has taken issue with their recent emails. She stated that as part of their mission, they communicate with important stakeholders in the community – businesses as well as all residents. She stated that the communication is a public trust and based on the recent comments that have come in via email, it was her opinion that the DCBA’s communication has done a lot more to incite negative public outcry and to fan the flames and create problems where there weren’t any, rather than to inform. She stated that since the Council is about to embark on a public input session, she begged the DCBA to introduce the opportunity for public discourse and to do it in an informative, accurate and positive way. She stated she did not want discussions starting off in a negative way but more in an either neutral or positive way. She stated that Council receives copies of all emails and she took personal offense to the statements that said Council made decisions. She stated that no decisions on the Town Hall building have been made and for it to be in print was an assumption of the authors of the emails. She implored the DCBA to communicate with a level of responsibility and the proper information so that good feedback can be received.
Councilor Lindley stated that he saw the property as an extraordinary opportunity. He thought that if everyone worked together, the Town Hall could embody the vision statement of the community and represent the best of everyone. He stated that he had hoped there would not be a tower on the building. He stated that he realized that the drawing was a first draft, but thought it would be a strenuous but terrific process.
Councilor Smith agreed with each Council Member’s comments. He welcomed Mayor Pro Tempore Thibodeau’s idea of holding the meeting in the evening. He felt that the citizens needed to get the facts and learn the truth of the situation. He stated that the people need to be able to come to the meeting to hear the facts. He agreed with Councilor Lindley that the building has the opportunity to serve as an example of building practices that can be a reality in relation to stormwater management and green practices. He stated that this is a wonderful opportunity. He stated that the building will serve as a gathering place just as the park will serve as one. He stated that the whole concept of the park was a place for the Town to come together. He didn’t think there wasn’t a reason that the Town Hall building couldn’t serve in the same capacity. He stated that this was an unbelievable opportunity for the good of the Town as well as an example to the entire Outer Banks on how to construct with the environment in mind.
Mayor Morrison opened the floor for comments from the audience.
Jon Britt of 1308 Duck Road was recognized to speak. Mr. Britt agreed that holding the meeting in the evening would allow for more people to attend.
Sam Taylor of 111 Skimmer Way was recognized to speak. Mr. Taylor thought the meeting would be great for public input.
Paul Keller of 125 Wiroans Court was recognized to speak. Mr. Keller agreed with Councilor Lindley’s comments. He stated that this is a fantastic opportunity for the Town. He stated that he was against having a building in the park. He felt this was a chance for the Town to build the right kind of structure and make it inviting to the park. He thought that the Town needed to look at things from the broadest perspective possible and if it meant looking at numerous villages that have town halls, it should be done. He applauded the Council for taking the broader perspective that it will be a gathering place just as the park will be.
Ben Vorndran of 125C Jaycrest Road was recognized to speak. Mr. Vorndran felt it was a wonderful opportunity and looked forward to hearing the comments and suggestions that will be coming out. He stated that the Town has done a great job with the park and felt this would be a great improvement for Duck.
Mayor Morrison asked for other comments.
Mayor Morrison stated that Council had received several emails from people who have not quite grasped the picture yet. He thought it may have been Council’s fault but stated that the Town intends to put more information on the website. He stated that it saddens him when people say that Council had not considered other alternatives when they have looked at every possible alternative that they could come up. He stated that it saddens him when people say there has not been an opportunity for discussion when there has been. He stated that Council is asking for the public’s input and wants the discussion to happen. He stated that Council is asking that people be given accurate information. He stated that Council is excited about the project and thought the community will be excited as well once they understand what the situation is and what Council is trying to do. He stated that he could not emphasize enough that the Town is in the very earliest stages, no decisions have been made and that Council wants the public’s input.
Mayor Morrison asked for comments from the audience.
Town Manager Layton asked what time Council would like to hold their mid month meeting. Mayor Morrison stated the meeting should be held at 7:00 p.m. on Wednesday, February 21, 2007 at the Town’s Administrative Offices. Councilor Caviness clarified that the mid month meeting would be held in the evening instead of 1:00 p.m.
NEW BUSINESS
Discussion/Consideration of Proposed FY 2008 Budget Adoption Schedule
Town Manager Layton stated the proposed schedule laid out the guidelines and target dates for budget submittal to Council. He hoped to get out the budget request packets to the department heads and will expect them back by March 9, 2007. He thought that at the April mid month meeting he would present the proposed budget to Council at which point work sessions could be scheduled in anticipation of a public hearing on the budget at the June 6, 2007 meeting.
Mayor Pro Tempore Thibodeau asked if there would be approximately two (2) work sessions. Town Manager Layton stated she was correct. He stated that additional meetings may be needed. He suggested having a meeting in May and one shortly after the budget is submitted. He felt it would give plenty of time to work out the details before the public hearing on the proposed budget. Mayor Pro Tempore Thibodeau asked if the proposed budget would be available on the website once it’s been presented to Council. Town Manager Layton stated it would.
Mayor Morrison moved to approve the schedule of the proposed FY 2008 budget adoption schedule as presented.
Motion carried 5-0.
Discussion/Consideration of Entering into a Reimbursable Agreement with NCDOT for Engineering related to Road Improvements Along NC12, Specifically with Stormwater Improvements at the Intersection of NC12 and West Tuckahoe Drive
Town Manager Layton stated that he wanted the item on the agenda with the hope of him having the agreement in hand. Unfortunately he did not receive the agreement as yet. He stated that NCDOT has approved $175,000 in engineering costs for the stormwater improvements for the Tuckahoe subdivision as a reimbursable agreement. He hoped to have the agreement and budget amendment by the March 7, 2007 meeting.
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 Building Permit, Police Department and Fire Department activities to Council.
Update on Implementation of the Municipal Property Master Plan
Town Manager Layton stated that Phase I is all but complete as striping is still needed in the parking area and in the concrete drive aisle. He stated that a three (3) sided fence will also need to be put up around the cemetery. He stated that the initial bidding for Phase II was started. He stated that the bids came in around $490,000 all the way up to $1,000,000. He stated that within the range, there was room to negotiate with three (3) responsive bidders to get the cost down to $500,000. He stated that the project will be re-bid based on some revisions to the plan. He went on to give Council and the audience an update regarding the Town’s CAMA Major Permit.
Town Manager Layton stated that the second phase of the project includes the playground. He asked Council for authorization to place the order for the playground equipment. He reviewed the proposed playground equipment with Council and the audience. He stated that the cost for the equipment would be approximately $31,000. He asked for authorization to order the equipment so it will be in place by the end of spring.
Councilor Smith moved to authorize the Town Manager to go forward with the purchase of the playground equipment for the Municipal Property.
Mayor Morrison asked if a sign will be put up naming the playground the Rick Herron, Jr. Memorial Playground. Town Manager Layton stated it will be done.
Motion carried 5-0.
Upcoming Appointments
Town Manager Layton stated that two (2) terms on the Planning Board will be expiring May 1, 2007 – John Jenkins and Anne Darnall. He stated that he thought Mr. Jenkins would want to be reappointed but Council has the authority to appoint who they want. Mayor Morrison stated that it was thought that Ms. Darnall would be moving away from the area. Town Manager Layton stated he was correct.
John Jenkins of 104 Dune Road was recognized to speak. Mr. Jenkins stated that he appreciated the honor and has served on the board for almost five (5) years. He stated that he wished not to be reappointed.
Mayor Morrison thanked Mr. Jenkins for serving as long as he had and for his contributions to the Town.
Mayor Morrison stated that Council needed to think of two (2) new people for the Planning Board.
Budget Amendments
Town Manager Layton stated that since he did not receive the reimbursable agreement from NCDOT, there wasn’t a budget amendment.
Financial Statement for the Month of January 2007
Town Manager Layton reviewed the financial report on revenues and expenditures with Council.
MAYOR’S AGENDA
Mayor Morrison thanked everyone for coming to the meeting.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau stated she was looking forward to the mid month meeting and a good exchange with Council and the public.
Councilor Caviness stated she had attended her first meeting with the Dare County Tourism Board and found it very informative.
Councilor Lindley stated he had nothing to report.
Councilor Smith stated he had nothing to report.
OTHER BUSINESS
Mayor Morrison stated that the next meeting will be the mid month meeting on Wednesday, February 21, 2007 at 7:00 p.m.
There being no further business to discuss, Mayor Pro Tempore Thibodeau moved to adjourn the meeting.
Motion carried 5-0.
The time was 9:11 p.m.
____________________________
/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
_______________________________
/s/ Neil Morrison, Mayor