TOWN OF DUCK
TOWN COUNCIL
REGULAR MEETING
May 2, 2007
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 7:00 p.m. on Wednesday, May 2, 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, Town Attorney Donald I. McRee, Jr.; Director of Community Development Suzanne Cotellessa; Police Chief Dale Hamilton; Fire Chief Donna Black; and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: None.
Mayor Morrison called the meeting to order at 7:03 p.m. Mayor Morrison asked John Fricker to lead the Pledge of Allegiance. Mayor Morrison led the moment of silence.
PUBLIC COMMENTS
Mayor Morrison opened the floor for public comments. He stated that there may be individuals that would want to comment on Ordinance 07-05. He stated that there wasn’t a public hearing scheduled, so any comments regarding the ordinance should be made during Public Comments.
Duke Geraghty of the Outer Banks Homebuilders Association was recognized to speak. Mr. Geraghty thanked Council for letting him speak at their mid month meeting. He stated that since then, he had met with Director Cotellessa. He stated that after his meeting, he drove through Town and did not see any lack of vegetation but did see some effects of clear cutting. He stated that he saw many beautiful lawns and gardens. He stated that the ordinance scared him, not only with new construction but also with substantial redevelopment. He noted that if a homeowner wanted to add on to their deck or install an outdoor shower, an arborist would need to be hired and he didn’t understand why. He noted that the ordinance requires only vegetation from an approved list of local vegetation. He stated that he did not know what was wrong with any type of vegetation that could be used on a lot and why the vegetation is limited to only what is on the approved list. He stated that because of the tree protection zone, lumber would not be allowed to be stored, a dumpster would not be allowed to be placed on the lot and parking would have to be on the street. He felt the protection zone was too restrictive. He stated the ordinance was giving homeowner’s liberties away and giving up the peaceful enjoyment of their backyards as it tells how one should decorate their yards.
John Summers of 123 Sea Hawk Drive West was recognized to speak. Mr. Summers stated he had concerns during the proceedings as he wanted as little impact as possible for the present residential owners in Duck. He thought the Planning Board had done a great job with the ordinance, but the only provision he had an issue with was the requirement for a permit for trees with a diameter of twenty-four (24) inches to be cut down. He thought the Town could go beyond that and put in if the tree is diseased, hit by lighting or destroyed by a hurricane; a permit would not be needed. He suggested that as soon as the ordinance is adopted, a letter could go out to all the homeowners to let them know. He stated that there are a lot of people in Duck that do not like the Town government. He stated that he wished the Town had been annexed by Southern Shores or was still governed by Dare County. He felt the ordinance was ridiculous. He stated that when people see the complexity of the regulations, they will be mad. He stated that by sending a letter it will tell them that it is the only way it pertains to them. He stated the other concern was clear cutting. He stated the last of the real maritime forest is on his street and he’s fearful that if the owner sells the land to a developer, the lot will be clear cut. He stated that the Town cannot let that happen. He stated that the ordinance has to have a provision against clear cutting. He urged Council to act now to stop developers from clear cutting maritime forests.
Willo Kelly of the Outer Banks Homebuilders Association was recognized to speak. Ms. Kelly stated that at the last meeting it was mentioned that people came out of the woodwork at the last minute to discuss the ordinance. She stated that she attended ten to twelve (10 – 12) Planning Board meetings over the last year and several people had spoken about the ordinance as well as their concerns. She stated they had concerns regarding enforcement, maintenance, builders not being landscapers and clear cutting. She stated that it was also stated at the last meeting that this ordinance dealt specifically with stormwater issues. She agreed that it was part of it but in looking back at the minutes of past meetings, the ordinance was to be used to deal with clear cutting and softening the look of homes and not so much dealing with stormwater issues. She felt the focus of the ordinance was to preserve the character of the community. She stated that at last month’s meeting, it was stated that the ordinance does not stop clear cutting and because of specific items in the ordinance, it almost encourages it. She pointed out that it was mentioned at the September Planning Board meeting that the issue was a flawed strategy and a flawed strategy wouldn’t work.
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 April 4, 2007 regular meeting and the April 18, 2007 mid month meeting. Mayor Morrison directed Council to review the minutes from the April 4, 2007 regular meeting for changes.
Councilor Lindley moved to approve the April 4, 2007 minutes as presented.
Motion carried 5-0.
Mayor Morrison directed Council to review the minutes from the April 18, 2007 mid month meeting for changes.
Councilor Caviness moved to approve the April 18, 2007 minutes as presented.
Motion carried 5-0.
SPECIAL PRESENTATION
Recognition of Mr. John Jenkins and Ms. Anne Darnall for their Service on the Town of Duck Planning Board
Mayor Morrison stated that two (2) Planning Board member’s terms expired as of May 1, 2007. He stated that Anne Darnall – member of the original Planning Board – served from May 2002 through December 2002 and then from May 2004 through March 2007. He stated that she was unable to attend the meeting, but Council had a plaque commemorating her service to the Town which will be presented to her at a later date.
Mayor Morrison stated that John Jenkins, also a member of the original Planning Board, served from May 2002 through May 2007. He presented Mr. Jenkins with a plaque commemorating his service to the Town.
John Jenkins was recognized to speak. He thanked Council, the Planning Board, staff and management for their sharing their experience and knowledge. He especially wanted to thank Director Cotellessa for teaching him so much about zoning and ordinances.
Presentation by Ms. Lisa Mann, Chair of the Community Improvement Committee, regarding the Committee’s FY 2007 Activities
Mayor Morrison stated that Lisa Mann, who chairs the Community Improvement Committee, would be giving a short presentation. Lisa Mann was recognized to speak. Ms. Mann went on to give a short presentation to Council and the audience on the Committee’s Fiscal Year 2007 activities.
Councilor Caviness asked Ms. Mann to give examples of types of projects the Committee has given grants to. Lisa Mann stated that some of the homeowner association signs moved back out of the right-of-way, down lighting and landscaping were some recent projects. She stated that businesses mostly completed the down lighting as well as bringing their signs into compliance. She stated there have also been roofing and painting projects.
Mayor Morrison congratulated the Committee on their work. He thanked Lisa Mann for her presentation.
Mayor Morrison recognized Police Chief Dale Hamilton. Police Chief Hamilton stated that he wanted to recognize Beth Garino for her outstanding work with the Town of Duck Public Safety Department. He stated that the Police Department had received a letter recently from the Governor’s Highway Safety Administration regarding their compliance with reporting. He stated that the Police have had 100% accountability due to Ms. Garino and her hard work. Council congratulated Ms. Garino.
OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS
Discussion/Consideration of Ordinance No. 07-05, an Ordinance Amending the Zoning Ordinance of the Town of Duck, North Carolina, regarding Tree and Vegetation Preservation and Planting – Second Reading
Director of Community Development Suzanne Cotellessa was recognized to speak. Director Cotellessa stated that a public hearing on the issue was held at the last Council meeting with a lot of input from the public. She stated that there were more comments regarding the ordinance earlier in the meeting as well as having provided Council a mark up of the proposed ordinance with additional comments that were received and a list of concerns from Mayor Pro Tempore Thibodeau. Town Manager Layton stated that additional copies of the marked up proposed ordinance and Mayor Pro Tempore Thibodeau’s comments were also available to the audience. Director Cotellessa handed out summary points from her meeting with members of the Outer Banks Homebuilders Association. She reviewed the proposed ordinance mark up and Mayor Pro Tempore Thibodeau’s comments with Council and the audience.
Mayor Pro Tempore Thibodeau thanked Director Cotellessa for her review and incorporating her comments into the ordinance.
Director Cotellessa pointed out that if someone comes in with a vegetation management plan or a tree removal plan and it is not approved, there are remedies for it. She stated that the homeowner could go before the Board of Adjustment or before the Town Council for a Special Exception. Mayor Pro Tempore Thibodeau asked how long the process would take for a homeowner that is either building or putting an addition on and something comes up and there is a disagreement in judgment. Director Cotellessa stated she would expect someone to go through the process at the same time as the site plan is completed. She stated that the Board of Adjustment hears cases on an as needed basis. She stated it would be advertised, the property would be posted and it takes about a month for the whole process. She stated that with the Special Exception process, the homeowner goes before the Planning Board for a recommendation to Council, which takes approximately three (3) months.
Mayor Pro Tempore Thibodeau asked Council if they wished to go through the ordinance and discuss it.
Councilor Smith stated that he appreciated Mayor Pro Tempore Thibodeau taking the time to make the suggestions, changes, and additions. He thanked Director Cotellessa for her excellent presentation. He felt that between Mayor Pro Tempore Thibodeau and Director Cotellessa, a nice job was done in explaining things. He thought the ordinance changes were a lot to digest. He thought the ordinance was great and an important one with a lot of gain from it. He stated that he wished the public would give more details as to what they want changed in the ordinance. He stated that it is important to get as much information from people that do not agree with what Council is doing. He stated that by saying the ordinance is “scary” is too vague. He asked that the public be more specific with coming up with valid conclusions. He reiterated that the public be more specific in their comments to help Council.
Councilor Caviness stated that she had heard two things since the last meeting. One being the comments on clear cutting from John Summers and the other was reducing the diameter of trees from a number of people. She felt that the amount of information before Council needed further studying. She proposed to table the ordinance until the June 6, 2007 meeting.
Councilor Lindley thought Director Cotellessa’s presentation was extraordinary. He felt she was a thorough professional who cares about the Town.
Mayor Morrison stated that Council had various options to study and consider. He pointed out that three (3) options regarding clear cutting were in the ordinance. He stated that he needed time to read and study the ordinance to see what is most appropriate. He appreciated Director Cotellessa working so quickly to present the changes to Council but that they had not had time to read and study them. He agreed that more time is needed and that the ordinance should be tabled. He didn’t think any of the changes were substantial that another public hearing would need to be held. Town Attorney McRee stated that the additions regarding clear cutting seemed to be very different than what was in the initial ordinance. He suggested a public hearing regarding that language. Mayor Morrison clarified that the draft ordinance would be made available to the public with the new options for them to comment on in the public hearing. Town Attorney McRee stated they could.
Mayor Pro Tempore Thibodeau clarified that the whole ordinance did not have to be part of the public hearing but just the items on clear cutting. Town Attorney McRee stated that Council would receive public comments on the optional language with one (1) set that Council may adopt after the public hearing. He stated that the three (3) options would be advertised that Council is considering that the public could comment on and then Council could adopt any one of them. Mayor Pro Tempore Thibodeau pointed out that there was a lot of other tweaking in the ordinance where she had made suggestions that Council may not agree on. Town Manager Layton suggested Council discuss the changes at their May 16, 2007 mid-month meeting and come out of that with some recommended language for the public hearing. Councilor Caviness asked if it could be done the beginning of June. Town Attorney McRee felt there would be enough time to advertise the public hearing. Mayor Morrison felt it was an excellent idea.
Mayor Pro Tempore Thibodeau thought the public’s comments regarding the ordinance being scary were just a fear of the unknown. She thought it would be helpful if staff could talk to a surveyor to find out what the expenses would be to pinpoint each tree on a wooded lot. She stated that she appreciated Council wanting to table the ordinance and discuss it further at the mid month meeting.
Councilor Smith agreed with Mayor Pro Tempore Thibodeau’s comments. He stated that the point of his comments earlier was to avoid being vague. He stated that if people want to speak, to please be specific about what is not liked. He encouraged the Homebuilders Association to get together and come up with specific points to the ordinance that bothers them and bring it to Council at their mid month meeting. He cautioned the public by asking them not to wait until the June 6, 2007 meeting to bring up issues they may have.
Councilor Caviness moved to table discussion on Ordinance 07-05 for the mid-month meeting on May 16, 2007.
Motion carried 5-0.
Discussion/Consideration of Ordinance No. 07-06, an Ordinance Amending Ordinance 06-04, Prohibiting Parking of Vehicles in Certain Places within the Town of Duck
Town Manager Layton stated that the ordinance was presented in draft form at Council’s April 4, 2007 meeting. He stated that it was briefly discussed that the ordinance amendment was to close a loophole regarding a dangerous situation with parking on the shoulder of NC 12 as well as the Police Department’s ability to enforce it. He stated that a memorandum was at Council’s place to help answer any questions on notification and signage.
Mayor Pro Tempore Thibodeau asked about the recommendations for where the signage would be placed. Police Chief Hamilton stated that the Police want to take a hard look at the number of signs needed. He stated he did not want to see signs all over Town as well as trying to keep costs down. He stated that if they were placed in proper areas, it would accomplish the same goal as having them all over Town. He stated that the Police have come up with ten (10) sites that would be helpful. He stated that no more than two (2) signs were needed in the Sanderling subdivision. He stated that there would be one in front of Sunset Grill, two near the Corps of Engineers property and two from Flight Drive down towards Sanderling. Town Manager Layton stated that it will also be a reoccurring reminder on AM530 as well.
Mayor Pro Tempore Thibodeau asked what the signs would look like. Police Chief Hamilton stated that they would be black and white regulatory signs. Mayor Pro Tempore Thibodeau clarified that they would say “No Parking”. Town Manager Layton stated that the intent was to come up with a custom sign that states; “Parking is prohibited on the shoulder of NC 12”.
Councilor Caviness asked if the size would be the same as other regulatory signs. Police Chief Hamilton stated they would be 24 by 36.
Mayor Morrison asked if the signs would be the same size as a speed limit sign. Police Chief Hamilton stated it would be approximately the same size. Mayor Morrison pointed out that the Sanderling subdivision has two (2) homes associations. He stated that the Sanderling Homes North Association was not on the list. He stated the signs should be placed in the Sanderling Homes South Association. Town Manager Layton clarified that the intent was not to place the signs in the neighborhoods as No Parking signs were previously provided to the homeowner associations. He stated that the Department of Transportation has also placed No Parking signs on the roads. He stated that the focus of the new signs were for NC 12.
Councilor Caviness asked if it was not adequate to put a sign at the north and south ends of Town that parking is not permitted on NC 12. Police Chief Hamilton stated that it could be done but there are a number of problem areas throughout Town that need to be posted specifically.
Mayor Pro Tempore Thibodeau asked that the signs be aesthetically pleasing while being informative. She thought that even though ten (10) will be ordered, not all of them could be put up. Police Chief Hamilton agreed. He thought ten (10) was a good number. He stated that if Council wished to not have so many, the Police could re-examine the locations for putting signs up. Mayor Morrison felt the fewer the signs the better. Mayor Pro Tempore Thibodeau asked if the signs would be double sided. Police Chief Hamilton stated they wouldn’t. One would be on the northbound side and the other on the southbound.
Mayor Pro Tempore Thibodeau moved to approve Ordinance 07-06 as presented.
Motion carried 5-0.
Discussion/Consideration of Ordinance No. 07-07, an Ordinance Establishing Use Policies for the Town of Duck Park Property
Town Manager Layton stated he presented some use policies to Council at the April 4, 2007 meeting for discussion. He stated that he has brought them back in an ordinance form with some changes. He stated that the ordinance is pretty permissive considering that some other parks are more restrictive. He stated that the ordinance basically redefines what is already in place in other ordinances and makes it clear that the ordinances do apply to the park as well. He reviewed the changes he made to the ordinance with Council and the audience. He reiterated that the ordinance was in draft form and could be adopted if Council wished.
Town Attorney McRee stated that he had reviewed the ordinance and made the recommendation to Town Manager Layton to have the policies adopted as an ordinance so it would have the effect of law and be enforceable.
Councilor Lindley asked what the issue was with metal detectors in the park. Town Manager Layton stated it was because of digging.
Mayor Pro Tempore Thibodeau asked if open fires or grills would be allowed in the park in the future if the Town had another picnic. Town Manager Layton stated that the ordinance gives him permission to waive certain activities in the park for Town events.
Councilor Smith thought the waters in Duck should be promoted for sailing. He stated it would be nice to bring a Hobie Cat to the park to anchor and watch a concert. He felt that motorized boats should not be allowed but wondered if there was a possibility of allowing non-motorized boats to anchor near the pier so people could wade to shore to watch a concert. Town Manager Layton stated that nothing in the ordinance prohibits wading to shore. He stated that the pier will go out about two hundred (200) feet. He stated that the intent was to keep the area clear so canoes and kayaks could be launched. He stated it wasn’t designed to keep people from anchoring and wading to shore. He stated that it was not the intention to have people tying off to the pier or boardwalk. He stated that there will be a specific canoe/kayak tie off area.
Mayor Morrison clarified that there will be steps at the end of the pier. Town Manager Layton stated that steps are not designed to be part of the pier. He stated that the end of the pier would have a launching pad that will be fixed without steps at the end. Mayor Morrison clarified that a Hobie Cat could not be anchored two hundred twenty (220) feet offshore and people could walk to the pier and up the steps. Town Manager Layton stated that the craft could be anchored and the person could wade over and hoist themselves up on the pier.
Mayor Pro Tempore Thibodeau wondered if a ladder could be put on the side of the pier.
Councilor Caviness thought that any way people could come to the park in anything other than a vehicle should be something that is promoted and would be a good thing. She asked Jon Britt how close a sailboat could come to shore. Jon Britt of 1308 Duck Road was recognized to speak. Mr. Britt stated that it could come close where his business is but there is also more water. He thought it would be nice to tie up a sailboat at the canoe and kayak launch and walk to the park. He stated he would like to be able to sail to the launch. Councilor Caviness asked if someone would be able to anchor out two hundred (200) feet out and wade to shore. Mr. Britt stated they could and felt it would be a great way to get to the park.
Mayor Morrison asked if Jon Britt would recommend steps at the end of the pier. Jon Britt thought that steps would be helpful especially for people who rent canoes and kayaks. Councilor Caviness asked if it was reasonable to have a person anchor their sailboat two hundred (200) feet out, wade to shore and climb the ladder. Mr. Britt thought it was.
Mayor Morrison asked Paul Keller if his committee would consider the possibility of putting steps in at the end of the pier. Paul Keller of 125 Wiroans Court was recognized to speak. Mr. Keller stated he would be happy to discuss it with the committee. Mayor Morrison clarified that the way the ordinance was worded; it would not restrict sailboats from tying up and gaining access to the pier. Town Manager Layton stated that it also would not prevent motorized boats from doing the same. He stated that the intent was to keep the area clear.
Councilor Caviness asked if it would be a problem to keep watercraft other than canoes or kayaks off the shore. She asked if there would only be one spot because of disturbance problems instead of letting people come in anywhere along the shoreline. Town Manager Layton stated that areas along the shoreline will not be cleared. He stated that one of the ideas for the park was to provide places for people to go.
Mayor Pro Tempore Thibodeau thought there could be moorings put out in the water for boats to tie off to. She thought it would be an advantage for boaters as they wouldn’t have to drop anchor to visit the park.
Councilor Smith agreed with Mayor Pro Tempore Thibodeau’s comments but felt it may be something that would have to be revisited after Phase 2 construction is completed. He thought that he and Jon Britt could go out and see what could be done.
Town Manager Layton stated that anchor buoys would be good to have as tying up to the pier or boardwalk would not be something that will be encouraged.
Councilor Caviness stated that she was asked to bring forward that a citizen felt strongly about smoking in the park. She stated that the citizen wanted Council to discuss whether smoking would be permitted in the park as they were against smoking. Fire Chief Donna Black added that she was not the citizen that made the request. Mayor Pro Tempore Thibodeau thought not allowing smoking would be extreme. She stated that ashtrays could be placed tastefully in the park for smokers and that it would not be a big issue.
Mayor Morrison asked if smoking could be prohibited at the park. Town Attorney McRee stated the Town has some authority to regulate smoking in public facilities but wasn’t sure if it extended to all public lands. He stated he would research it further and let Council know at their mid month meeting.
Councilor Smith moved to approve Ordinance 07-07 as presented
Motion carried 5-0.
Discussion of Naming the Town Park
Mayor Morrison stated that at Council’s April mid month meeting, possible names for the park were discussed. He stated that it was decided that Council would revisit the issue at their May 2, 2007 meeting.
Councilor Lindley stated that there weren’t any names that came to mind that he wanted to use for the park’s name. He hoped there wasn’t a rush on deciding the name. He thought when the right name was thought of, Council would like it instantly. He suggested waiting a little longer and thought it would be called the Town Park. He asked if there was a rush on coming up with a name. Mayor Morrison stated there wasn’t.
Councilor Smith stated that he liked the idea of “Duck Park” but had a problem with “Town Center”. He felt it had a sterile sound to it. Councilor Caviness felt it sounded like a shopping center. Councilor Smith agreed. He stated that Duck Park was a good name as was “Village Green”. He stated he didn’t think “Town Center” would match.
Mayor Morrison thought the name should be brief. He didn’t think there was a rush to name the park. He agreed with Councilor Lindley that when the right name comes up, Council will know it.
Mayor Pro Tempore Thibodeau stated that one of the reasons for coming up with a name for the park was because it was referred to as either the old Herron’s property or the old Food Lion property. She thought that since everyone is calling it The Park and the Town is not close to breaking ground on a building, that time should be taken to come up with the perfect name. She suggested Council keep coming up with ideas for a name.
Mayor Morrison asked Paul Keller if the Municipal Property Committee could handle working without a name for the park. Mr. Keller stated it wouldn’t be a problem.
Councilor Caviness felt that “Duck Town Park” worked as a name.
It was consensus of Council to take no action on a name and to continue coming up with suggestions for a proper name for the park.
Discussion/Consideration of Appointments to the Town of Duck Planning Board
Mayor Morrison stated that two (2) positions on the Planning Board would need to be filled. He stated that John Fricker was appointed back in March to fill the unexpired term of Anne Darnall and John Jenkins had stated at a previous meeting that he did not wish to be re-appointed. He stated that both terms expired as of May 1, 2007.
Mayor Morrison nominated John Fricker for re-appointment to the Planning Board for a three (3) year term, expiring May 1, 2010. He asked for other nominations. There being none, he closed the nominations.
Motion to appoint John Fricker carried 5-0.
Mayor Morrison asked for nominations for the other seat on the Planning Board. Councilor Smith nominated Claiborne Yarbrough to serve for a three (3) year term, expiring May 1, 2010. Mayor Morrison asked for other nominations. There being none, he closed the nominations.
Motion to appoint Claiborne Yarbrough carried 5-0.
John Summers was recognized to speak. Mr. Summers pointed out that Claiborne Yarbrough is on the Duck Trail Committee. He asked if Council would replace her on that committee. Town Manager Layton stated that there is nothing preventing someone from serving on more than one board or committee.
NEW BUSINESS
Discussion of Proposed 10K Run within the Towns of Southern Shores and Duck
Councilor Caviness stated that she wanted to discuss a proposed 10K run within the Towns of Southern Shores and Duck in February 2008 during President’s Day weekend. She went on to give a short presentation on the event to Council and the audience. She stated she made the same presentation to the Town of Southern Shores at their April meeting. She stated she was bringing the presentation before this Council for consideration.
Mayor Pro Tempore Thibodeau asked what the traffic impact would be on Duck Road. She asked if traffic would have to be blocked while the bulk of the runners come onto the road. Councilor Caviness stated that when the runners come off of Chickahauk Trail in Southern Shores and continue north to Duck, they will be on the pedestrian path. She stated that there may be some traffic implementations there but it will not be a whole lot of runners coming at one time. She stated that in Duck, when the runners turn off Sea Oats Trail onto Duck Road, she would want the runners to use the southbound lane of Duck Road between the light at Sea Oats Trail and into the park. She thought it would be possible to have the runners cross at the light so they can use the pedestrian path and then have them cross back at the park but felt it would not be as palatable. She stated she would work with the Police to determine the best pattern of traffic. She stated that NDCOT are amenable to the race provided that Duck and Southern Shores give permission and that a proper management plan is in place.
Mayor Morrison asked if the runners would be spread out enough to run on the trail. Councilor Caviness stated they would.
Mayor Pro Tempore Thibodeau asked if having the runners go all the way through the Chickahauk subdivision on the pedestrian path in Southern Shores was something that was considered. Councilor Caviness stated it was and that a lot of different paths were considered. She stated that if the Market Place in Southern Shores does not allow the race to start there, then an alternative would be to start at Kitty Hawk Elementary School.
Mayor Pro Tempore Thibodeau stated she liked Councilor Caviness’ presentation. She pointed out that February is a quiet time of year on the Outer Banks. Councilor Caviness stated that she sits on the Tourism Bureau board and they have come up with some staff related research. She stated she would like to present it to Council at a future meeting once it’s released so the business community can hear some of the responses that were given. She stated that people that visit the Outer Banks come because of the beaches as well as the outdoor recreational opportunities available. Councilor Smith felt the Outer Banks is becoming a running-type community.
Councilor Caviness stated that she had spoken to Webb Fuller of the Town of Southern Shores and there is concern about reimbursement of staff time for the race. She stated that it will be something that needs to be considered for Duck as well.
Councilor Lindley felt the race was appropriate.
Mayor Morrison asked if any action was needed. Councilor Caviness stated that none was needed but permission to use Town resources could be discussed at a future meeting. She stated that if she could not get the proper permissions from the Town of Southern Shores and NCDOT, she would come back with a different plan.
Mayor Morrison thanked Councilor Caviness for her presentation.
Discussion/Consideration of Resolution No. 07-04, a Resolution in Opposition of North Carolina General Assembly Senate Bill No. 831 Wireless Telecommunication Facilities
Mayor Morrison stated that the Town received a letter from the Town of Kill Devil Hills recently asking for support in approving a resolution in opposition to General Assembly Senate Bill 831.
Town Attorney McRee stated that the Town of Southern Shores adopted the resolution at their May 1, 2007 meeting. He stated that the mayor of Nags Head will be sending a letter to the General Assembly voicing their opposition as well. He stated that the concerning issue was that the bill is part of a larger number of bills that have been introduced attacking local governments in determining how land can be used in the communities with regard to cellular telephone towers. He stated that the towers are meant to somehow provide an enhanced benefit to certain businesses and other businesses that may wish to use land in the community. He stated that the bill could take away a town’s ability and discretion to regulate this type of land use. He stated that there is a provision in the bill that would prohibit a town from excluding any cellular telephone towers from residential zones. He stated that even if the Land Use Plan determines it’s not appropriate to have a cellular tower in the midst of a residential neighborhood, the adoption of this bill would make it unable not to happen. He stated that it also limits the amount of fees that could be charged for an application for a cellular telephone tower. He stated another concern was not being able to treat a cellular tower as a conditional use and preventing the Town from limiting the duration for any conditional use permit. He felt the bill took away the practice and discretion towns use with regard to land use regulations.
Councilor Lindley felt it was not appropriate at all.
Mayor Pro Tempore Thibodeau moved to approve Resolution 07-04 as presented.
Motion carried 5-0.
Overview of Draft Ordinance as Recommended by the Planning Board regarding an Ocean and Sound Overlay District
Director Cotellessa stated that a brief overview was presented to Council at their January Retreat. She stated that this ordinance has more specific references to the Land Use Plan than any other. She stated that the ordinance would provide protection for an area 1,000 feet out in the ocean water, 1,000 feet out in the sound waters as well as areas of environmental concern attached thereto on the shoreline. She stated that some areas are protected by CAMA regulations and the Town may add additional language to the CAMA regulations. She stated that the ordinance was recommended to Council unanimously by the Planning Board.
Director Cotellessa stated that there are prohibited activities in the ordinance such as non-commercial signs facing the beach. She stated the ordinance provides that there will be no beach pushes or dune restorations taking place in the public trust area on weekends or holidays. She stated that the ordinance prohibits wetlands from being filled within the ocean and sound overlay district. She stated that the Planning Board had discussed the issue and felt the wetlands were important to prohibit filling along the shoreline. She stated that other prohibited activities were parasail and seaplane take off and landing. She stated that the proposed ordinance could be brought forward for a public hearing at the June 6, 2007 meeting.
Mayor Pro Tempore Thibodeau asked if the ordinance prohibiting filling wetlands would affect residential lots. Director Cotellessa stated it could. She stated that any residential lots along the Sound that had large areas of wetlands that wanted to be filled for putting in more square footage would be affected. Mayor Pro Tempore Thibodeau asked if it was anticipated that any lots would be rendered unbuildable. Director Cotellessa stated she did not know of any.
Mayor Morrison moved to hold a public hearing regarding the ordinance at the June 6, 2007 regular meeting.
Motion carried 5-0.
Overview of Proposed Changes to Ordinance No. 03-07, an Ordinance of the Town of Duck, North Carolina, Regulating Automatic Alarm Systems
Town Manager Layton stated that the ordinance has been in place for a few years and it was time to have it tweaked slightly to better reflect the actual occurrences and regulations of false alarms. He stated that the Department of Public Safety has been enforcing and administering the ordinance instead of the Planning Department. He stated that the changes were largely housekeeping with a fee schedule change associated with it.
Police Chief Hamilton stated that Beth Garino has been responsible for the administration of the ordinance. He stated that there were problems with keeping up with the ordinance as well as the timeline. He went on to review the changes to the ordinance with Council and the audience.
Mayor Morrison asked Council if they were comfortable with the proposed changes. Town Manager Layton stated that Council could adopt the ordinance but it was put on the agenda more as a first read. If Council wished to take more time to look at the ordinance, the intent was to give Council more time and have it considered for adoption at the June 6, 2007 meeting.
Mayor Pro Tempore Thibodeau requested more time to review the ordinance.
Councilor Smith asked if the ordinance included fire alarms. Police Chief Hamilton stated it was for all alarms. Councilor Smith asked if it was only malfunctions. Police Chief Hamilton stated it was false alarms. Councilor Smith asked what would cause a false alarm aside from a malfunction. Police Chief Hamilton stated it could be someone that was careless or intentionally setting off an alarm.
Fire Chief Donna Black was recognized to speak. Fire Chief Black stated that an establishment at the Waterfront Shops had two (2) calls in the past three (3) days with false alarms. She stated that they have a smoke detector close to where they are doing their main cooking and the detector may need to be moved to avoid the false alarm calls. Councilor Caviness asked if it could be due to having the detector improperly installed. Town Manager Layton stated that the detector was in place before the business moved in.
Mayor Morrison agreed with Mayor Pro Tempore Thibodeau with regard to having more time to review the ordinance.
It was consensus of Council to bring the ordinance back to the June 6, 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 the Implementation of the Municipal Property Master Plan
Town Manager Layton stated that he is finalizing the contract for Phase II. He stated that he has met with the contractor and is working out the final details, hoping to have a signed contract within the next week as well as a notice to proceed. He stated that he will endeavor to have the pier completed as close to June 30, 2007 as he can. He expected all of Phase II to be completed by November 2007.
Update on the Proposed Debt Refinancing
Town Manager Layton stated he would like to have Council’s permission to hold a public hearing on the proposed refinancing at the May 16, 2007 mid month meeting, which will allow the Town to continue with getting a package to the Local Government Commission. He stated that RBC Centura Bank has been working with him on getting everything in place. He didn’t expect it to be a difficult issue since the Town owns both properties. He stated with Council’s permission, he would schedule and advertise the public hearing for the mid month meeting. He stated that two (2) resolutions would need to be passed – a resolution approving the Council’s intent to refinance and the other is a resolution to the Local Government Commission.
Councilor Caviness moved to authorize the Town Manager to hold a public hearing on the proposed refinancing at the May 16, 2007 mid month meeting.
Motion carried 5-0.
Financial Statement for the Month of April 2007
Town Manager Layton reviewed the financial report on revenues and expenditures with Council.
Fire Chief Donna Black was recognized to speak. Fire Chief Black stated that in recognition of the Fire Department’s twenty-fifth (25) year anniversary, she had polo shirts made up for staff, Police and Council commemorating the Fire Department’s anniversary.
MAYOR’S AGENDA
Mayor Morrison stated that he received a letter from the International City/County Management Association stating that Town Manager Layton recently received the ICMA credentialed manager designation. He and Council congratulated Town Manager Layton on this accomplishment.
COUNCIL MEMBERS’ AGENDA
Mayor Pro Tempore Thibodeau thanked the Coastland Times for their article on the Town’s anniversary.
Councilor Caviness stated that the Tourism Bureau approved the Town’s request for extending the grant for the park property.
Councilor Lindley congratulated everyone involved with the observance of the Town’s anniversary picnic.
Councilor Smith agreed with Councilor Lindley’s comments. He stated he heard great comments from the citizens and felt staff had done an excellent job.
OTHER BUSINESS
The was no other business to discuss.
There being no further business to discuss, Councilor Lindley moved to adjourn the meeting.
Motion carried 5-0.
The time was 9:51 p.m.
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/s/ Christopher J. Layton, Town Clerk
Approved: ______________________
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/s/ Neil Morrison, Mayor