Agenda Town of Duck Council Paul F. Keller Meeting Hall December 7, :00 p.m. Regular Meeting

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1 Agenda Town of Duck Council Paul F. Keller Meeting Hall December 7, :00 p.m. Regular Meeting 1. Call to Order 2. Public Comments 3. Consent Agenda A. Pledge of Allegiance B. Moment of Silence A. Minutes from the October 18 th and 19 th, 2016, Strategic Vision and Goal Setting Planning Session B. Minutes from the November 2, 2016, Regular Meeting C. Minutes from the November 16, 2016, Mid-Month Meeting 4. Old Business/Items Deferred from Previous Meetings 5. New Business A. Discussion/Consideration of the Town of Duck 2027 Vision and the Duck Town Council 3 to 5 Year Goals B. Discussion/Consideration of the 2017 Town Council Annual Calendar A. Discussion/Consideration of Nominations to the Dare County Tourism Board B. Discussion/Consideration of Authorizing the Town Manager to Execute a Contract with RRMM Architects for the Town of Duck Public Safety Building Facilities Conditions Assessment and Space Needs Study 6. Items Referred to and Presentations from the Town Attorney 7. Items Referred to and Presentations from the Town Manager A. Update on Departmental Activities B. Update on the Town of Duck Beach Nourishment Project C. Update on FY 2017 Stormwater/Duck Trail Project D. Financial Statements for November FY 2017

2 December 7, 2016 Regular Meeting (continued) 8. Mayor s Agenda 9. Council Members Agenda 10. Other Business 11. Adjournment A. Additional Public Comments

3 AGENDA: December 7, 2016 Regular Meeting ITEM #1: Call to Order A. Pledge of Allegiance B. Moment of Silence RECOMMENDED ACTION: Call the Town Council to order Conduct the Pledge of Allegiance Hold a Moment of Silence SUMMARY OF INFORMATION: The Mayor will call the Council to order and the Council will lead the audience in the recitation of the Pledge of Allegiance and will hold a Moment of Silence. ATTACHMENTS: None

4 AGENDA: December 7, 2016 Regular Meeting ITEM #2: Public Comments RECOMMENDED ACTION: None required. SUMMARY OF INFORMATION: The Council shall receive comments from the public. ATTACHMENTS: None

5 AGENDA: December 7, 2016 Regular Meeting ITEM #3: Consent Agenda A. Minutes from the October 18-19, 2016, Strategic Vision and Goal Setting Planning Session B. Minutes from the November 2, 2016, Regular Meeting C. Minutes from the November 16, 2016, Mid- Month Meeting RECOMMENDED ACTION: Approve the Consent Agenda (As a reminder, the Consent Agenda is intended to be voted on and approved as one motion. If discussion is required on individual items, a motion must be made to remove that item from the Consent Agenda and add it to the Regular Agenda.) SUMMARY OF INFORMATION: The Consent Agenda includes minutes from the October 18-19, 2016, Strategic Vision and Goal Setting Planning Session; the November 2, 2016, Regular Meeting and the November 16, 2016, Mid-Month Meeting. The Council is requested to approve the minutes. ATTACHMENTS: October 18-19, 2016, Strategic Vision and Goal Setting Planning Session November 2, 2016, Regular Meeting Minutes November 16, 2016, Mid-Month Minutes

6 TOWN OF DUCK TOWN COUNCIL STRATEGIC VISION AND GOAL SETTING PLANNING SESSION October 18 & 19, 2016 The Town Council for the Town of Duck convened at the Duck Meeting Hall at 12:30 p.m. on Tuesday, October 18, COUNCIL MEMBERS PRESENT: Mayor Don Kingston; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Chuck Burdick; and Councilor Jon Britt. OTHERS PRESENT: Town Manager Christopher Layton, Director of Community Development Joe Heard; Fire Chief Donna Black; Police Chief John Cueto; Director of Public Information Denise Walsh; Public Relations Assistant Betsy Trimble; Town Attorney Robert Hobbs; Planning Board Chairman Joe Blakaitis; Facilitator A. Tyler St. Clair; and Town Clerk Lori Ackerman. ABSENT: None. Mayor Kingston called the meeting to order at 12:32 p.m. He welcomed the Council, Town Attorney Robert Hobbs, Planning Board Chairman Joe Blakaitis and Town staff. He welcomed A. Tyler St. Clair, noting that it was good to have her back after four years. WELCOME AND OPENING REMARKS Mayor Kingston stated that Council and staff were present to look at the Town s Strategic Vision and to reset the goals for the next 10 years. He stated that Council and staff would be looking at the same timeframe as was done for the 2022 Vision. He added that it was a long range plan with the concentration being on the next three to five years, but would also be looking towards the future and where Council wanted to go. He noted that it was important the Vision Statement look at the timeframe, not just for the reset of where the Town was today but redoing the next three to five years. He stated that he and Town Manager Layton discussed the issue and thought it was a good idea to re-engage Tyler St. Clair and reset the Vision. He stated that now was the time for Council and staff to put on their thinking caps and encouraged everyone to be open, objective, listen well, contribute and have fun. He thought Duck stood alone in Dare County in that no other town or county had accomplished anything similar four years ago or was looking at it again. He noted that the Town has achieved a lot of its three to five year goals already. Town Manager Christopher Layton was recognized to speak. Town Manager Layton thought the exercise Council and staff went through in 2012 allowed all to grow together. He added that one of the reasons that the Town has been able to make the changes was due to the Vision and its goals. He stated that the items that have been accomplished over the past four years was remarkable. He stated that it made sense for Council and staff to start discussing what they wanted to achieve over the next several years. He thought what makes a town through its Council and staff successful, was the shared Vision that everyone was working toward. He added that it was good to refocus on the Vision because it will remind everyone where the Town was as well as where it wants to go. A. Tyler St. Clair was recognized to speak. Ms. St. Clair noted that there were quite a few staff changes from She gave a short background on herself to Council and staff. 1

7 SESSION OVERVIEW Goals and Agenda; Roles and Guidelines; Local Elected Leadership Model A. Tyler St. Clair reviewed the goals and agenda for the next two days; the roles and guidelines that would be followed; and that the Council would be following the local elected leadership model in their planning. TEAM BUILDING A. Tyler St. Clair suggested that Council and staff do a team building exercise. She directed each individual to introduce themselves; tell where they grew up and give some basics about their family of origin that created their beginning; talk about the person that impacted them from their early lives who made them who they are today; name an event from their early life that had the most impact on who they were today; talk about what they liked to do in their spare time; and one of the ways they liked to provide leadership for the Town. Each Council member and staff shared their responses with each other. A. Tyler St. Clair called for a ten (10) minute break. The time was 2:13 p.m. A. Tyler St. Clair reconvened the meeting. VISION BRAINSTORM: STATUS/NEEDS ASSESSMENT Preparation: What is a Vision/Previous use of the Vision; Small Group Work Environment/Trends/Keep/Continue/Change; Report Out/Review A. Tyler St. Clair stated that Council and staff would be completing a vision brainstorm exercise. Two groups were chosen and had to discuss the following questions: What do you want to keep? What do you want to change? What do we want to keep in order to achieve the Town s most visionary, ideal, and strategic state? What do we want to change in order to achieve the Town s most visionary, ideal and strategic state? TOWN OF DUCK 2022 VISION REVIEW/REALIGNMENT Targets Desired Future States; Core Vision/Preamble; Discussion and Realignment A. Tyler St. Clair directed each group to review the lists they came up with. There was a short discussion regarding the lists afterward regarding what to keep and what to change. ASSESS SESSION PROGRESS/PREPARE FOR DAY TWO A. Tyler St. Clair, Council and Town staff reviewed the 2022 Vision and discussed what could be added, kept or changed for the 2027 Vision. RECESS TO RECONVENE Mayor Kingston recessed the meeting until Wednesday, October 19, 2016 at 8:30a.m. The time was 5:23 p.m. RECONVENE The Town Council for the Town of Duck reconvened at the Duck Meeting Hall at 8:30 a.m. on Wednesday, October 19,

8 COUNCIL MEMBERS PRESENT: Mayor Don Kingston; Mayor Pro Tempore Monica Thibodeau; Councilor Dave Wessel; Councilor Nancy Caviness; and Councilor Chuck Burdick. Town Manager Christopher Layton, Director of Community Development Joe Heard; Fire Chief Donna Black; Police Chief John Cueto; Director of Public Information Denise Walsh; Public Relations Assistant Betsy Trimble; Planning Board Chairman Joe Blakaitis; Facilitator A. Tyler St. Clair; and Town Clerk Lori Ackerman. ABSENT: Town Attorney Robert Hobbs. The meeting was called to order at 8:32 a.m. REVIEW AND PROCESS CHECK/OVERVIEW OF THE DAY A. Tyler St. Clair, Council and Town staff discussed how the previous day s session went. She stated that she came up with a listing for Council and staff to review that summarized the discussion from the day before. ESTABLISH GOALS TO ACHIEVE THE STRATEGIC VISION Goal Identification; Timeframe/Responsibility Town Manager Layton stated that he and A. Tyler St. Clair tried to synthesize the comments from the day before in order to provide good options for Council and staff to consider. Mayor Kingston noted that the Vision was a rolling plan. Town Manager Layton and Ms. St. Clair reviewed and discussed the 2027 Vision with Council and staff. A. Tyler St. Clair directed Council and staff to develop new 3-5 year goals. She stated that everyone should develop a list of goals for the next 3-5 years that would take the Town towards its vision. She added that everyone was to mark as completed the goals that should be taken off the list and identify the goals that should remain on the list was well as modifying the language. A. Tyler St. Clair stated that for the second review, Council and staff would review the original Vision as well as the keep/change list and list any other goals that should be added; use right action verbs to provide direction; have the capacity to provide/find resources; make sure it s a task and not a guiding value; and finally that the majority of Council must support the goals. A. Tyler St. Clair called for a short recess. The time was 9:52 a.m. A. Tyler St. Clair reconvened the meeting. Council and staff reviewed the goals with A. Tyler St. Clair. PRINCIPLES AND STRATEGIES TO SUPPORT GOAL ACHIEVEMENT Identify Principles That Will Lead to Goal Achievement; Prioritization/Resource Strategy Discussion A. Tyler St. Clair, Council and Town staff identified and discussed principles and strategies to support the goal achievement for the 2027 Vision. 3

9 IDENTIFY ACTION STEPS TO BRING THE PLAN TO FRUITION Communication Plan for the Strategic Vision and Goals; Council Plan and Staff Work Plan Alignment Council and Town staff came up with the following goals for the next 3-5 years: (1) Continue to partner with and support the business community and the Duck Merchants Association, including increasing the exposure and accessibility of all businesses; (2) Implement the Town of Duck Beach Nourishment Project, develop a maintenance plan for the current project, and continue efforts to monitor other areas of the Town to identify future projects if needed; (3) Maintain the amenities of the Town to their current standard and make improvements where necessary and/or appropriate, including modifications and enhancements to improve the Duck experience; (4) Continue the 5 Year Financial Plan to optimize our resources; (5) Continue to explore and analyze the feasibility of a northern extension of the boardwalk; (6) Continue to implement thoughtful strategies designed to engage the stakeholders of the Town; (7) Complete the long term plan for the renovation or reconstruction of the public safety building; (8) Continue to advocate for traffic improvements including the construction of the Mid-Currituck Bridge, opposition to the widening of NC12, evaluation and implementation of storm water improvements, and evaluation of public parking alternatives; and (9) Develop a strong relationship between the property managers and the Town. NEXT STEPS, EVALUATION AND CLOSING REMARKS Councilor Britt had an appointment and was excused from the meeting. A. Tyler St. Clair stated that she would send Town Manager Layton a session report which will be distributed to Council and staff to review. She stated that Council would finalize the Vision and Goals at their November 16, 2016 meeting and subsequently adopt them at their December 7, 2016 meeting. She added that Council would formally introduce the Vision and Goals to the community at a winter meeting; the Vision would be published on the Town s website and newsletter; it would be aligned with other plans such as the financial plan and the CIP and finally, Council would continue holding a Vision and Goal Setting Session every five years to evaluate the Vision and the three to five year goals. Mayor Kingston thanked Council and staff for their participation in the retreat. He thanked A. Tyler St. Clair for all of her hard work. ADJOURNMENT Councilor Burdick moved to adjourn the meeting. Motion carried 4-0. The time was 12:35 p.m. Approved: Don Kingston, Mayor Lori A. Ackerman, Town Clerk 4

10 TOWN OF DUCK TOWN COUNCIL REGULAR MEETING November 2, 2016 The Town Council for the Town of Duck convened at the Paul F. Keller Meeting Hall at 7:00 p.m. on Wednesday, November 2, COUNCIL MEMBERS PRESENT: Mayor Don Kingston; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Chuck Burdick; and Councilor Jon Britt. COUNCIL MEMBERS ABSENT: None. OTHERS PRESENT: Town Manager Christopher Layton; Police Chief John Cueto; Director of Community Development Joseph Heard; Town Attorney Robert Hobbs; Director of Public Information Denise Walsh; Public Relations Assistant Betsy Trimble; and Town Clerk Lori Ackerman. OTHERS ABSENT: Fire Chief Donna Black. Mayor Kingston called the meeting to order at 7:05 p.m. He asked Mayor Pro Tempore Monica Thibodeau to lead the Pledge of Allegiance. Mayor Kingston led the moment of silence. He asked everyone to remember the fallen police officers of Urbandale and Des Moines, Iowa. Mayor Kingston welcomed Dare County Vice Chairman Wally Overman to the meeting. PUBLIC COMMENTS Mayor Kingston opened the floor for public comments. He asked that any comments regarding the public hearings be held off. There being no one wishing to speak, Mayor Kingston closed the time for public comments. CONSENT AGENDA Minutes from the October 5, 2016, Regular Meeting Councilor Caviness moved to approve the Consent Agenda as presented. Motion carried 5-0. It was consensus to move New Business up on the agenda. NEW BUSINESS 1

11 Discussion/Consideration of Resolution 16-09, a Resolution of the Town Council of the Town of Duck, North Carolina, Requesting Summer Traffic Control from the NC Highway Patrol Town Manager Christopher Layton was recognized to speak. Town Manager Layton stated that last year, the police departments for the Towns of Duck, Southern Shores and Kitty Hawk, along with the Dare County Sheriff s Office, provided patrol officers to monitor the intersection of US 158 and NC 12 on weekend days during the summer. He explained that the purpose of this measure was to assist in the flow of traffic during that time. He added that recently, a request was made to the Outer Banks Tourism Bureau for funding in the amount of $25,000 to assist in the cost of stationing patrol officers in this area, noting that the Tourism Bureau had not yet acted on the request. He stated that concurrent with the request to the Tourism Bureau, the Dare County Board of Commissioners adopted a resolution asking the State Police to position troopers at the intersection in lieu of the patrol officers. He stated that in previous meetings with the State Police, they declined to participate due to lack of staffing. He explained that, from a Duck perspective, the cost of placing Duck police officers at the intersection was minimal; however, there were issues related to staffing. Dare County Vice Chairman Wally Overman was recognized to speak. Mr. Overman stated that the police departments from the Towns of Duck, Southern Shores and Kitty Hawk have been providing coverage for US 158 and NC 12. He understood that the NC Highway Patrol attempted on two occasions to provide officers to help at the intersection and in at least one case, had to leave due to an accident in Currituck County. He stated that Dare County was told that Currituck County wanted to get out of providing coverage due to manpower or budgetary considerations and needed their officers in Currituck County. He noted that the Tourism Bureau s request for $25,000 was to pay for overtime of officers for the intersection. He stated that Dare County Sheriff Doug Doughtie had stated that he felt that the actual number was closer to $16,000. He stated that the attorneys for the Tourism Bureau had pointed out that the NC Highway Patrol were responsible for the safety and enforcement of traffic issues on state roads. He stated that the plan was to ask the NC Highway Patrol to help with the summer traffic control and he had planned to present the adopted resolutions. He noted that the resolution had been passed by Dare County, the Town of Kill Devil Hills, the Town of Southern Shores and the Town of Nags Head. Councilor Caviness moved to adopt Resolution as presented. Motion carried 5-0. PUBLIC HEARINGS Public Hearing/Discussion/Consideration of SE , a Special Exception Application to Install Concrete Parking Spaces on the Property at 152 Marlin Drive where Section of the Duck Town Code Requires the Use of Loose Stone 2

12 Surface (Gravel), Porous Pavers, or Other Semi-permeable Materials for Residential Parking Spaces Mayor Kingston turned the meeting over to Town Attorney Hobbs. Town Attorney Hobbs stated that the Council would be sitting as a quasi-judicial body for the public hearing, meaning that they will sit as a court and must make its decision based upon competent material and substantive evidence that will be presented during the course of the hearing. He stated that anyone wishing to give testimony would have to give it while under oath with the applicant afforded due process rights including the right to present evidence, examine and cross-examine witnesses. He asked that anyone wishing to testify come forward to be sworn in. Town Clerk Lori Ackerman proceeded to swear in the applicants and staff for the public hearing. The following persons were sworn to provide testimony during the hearing: Joe Heard, Ron Forlano, Jimbo Ward, Matthew Shealey, William Holden and Jo Anne Holden. Town Attorney Hobbs opened the evidentiary portion of the hearing. He stated that Director Heard would give an overview. Director of Community Development Joe Heard was recognized to speak. Director Heard stated that the applicant was seeking a special exception permit to allow a concrete parking surface for five parking spaces associated with the construction of a new singlefamily residence at 152 Marlin Drive. He explained that Section (C) of the Zoning Ordinance requires that parking spaces be improved with loose stone surface such as gravel, porous pavers or other similar semi-permeable materials. He stated that if the special exception permit was approved, the applicant would be able to use the five concrete parking spaces to meet the Town s parking standards. Director Heard explained that the contractor for Beach Realty & Construction had obtained a building permit on September 4, 2015 to demolish the existing residence and construct a new, six-bedroom single-family residence at 152 Marlin Drive. He added that in order to accommodate the maximum occupancy of 12 people on the Health Department septic permit, the project included the installation of six parking spaces. He stated that one of the parking spaces was located partially underneath the house and the other five were located to the right of the driveway leading to the house. Director Heard stated that when the project was completed in July, 2016, staff conducted a final inspection and noted that four of the five parking spaces to the right of the driveway were constructed in concrete rather than gravel or an accepted semi-permeable parking surface. He stated that he reviewed the situation to consider if the concrete surface could be approved for topographic conditions, but found that the location of the 3

13 parking spaces was essentially flat and did not warrant administrative relief to address topographical challenges. Director Heard stated that after he had discussed the issues with the contractor, it became apparent that the contractor had based the driveway and parking layout on the site which showed the entire area being in concrete, rather than the conditions on the building permit which specifically noted that all parking outside of the drive aisle must consist of gravel or semi-permeable material. Director Heard stated that the applicant opted to ask the Planning Board and Town Council to consider granting a special exception before making the required correction of removing the concrete and installing gravel or another semi-permeable material. He noted that staff issued a Temporary Certificate of Occupancy on July 25, 2016 to allow the property owner full use of the residence while the special exception application was being considered. He added that a final Certificate of Occupancy could be issued following either approval of the special exception application or replacement of the concrete parking spaces with gravel or another semi-permeable material if the special exception application is denied. Director Heard reviewed the criteria to grant a special exception with Council and the audience: 1. Granting the requested special exception will not result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular traffic. 2. Granting the requested special exception will not be contrary to the objectives specified in the CAMA Land Use Plan. 3. Granting the requested special exception is necessary to permit the reasonable use of the subject property. 4. Granting the requested special exception will not adversely impact adjacent property or the surrounding area. Director Heard stated that at its meeting on October 12, 2016, a majority of the Planning Board members agreed with staff comments and determined that this special exception application met Finding #1, but not Findings #2, #3 and #4. He added that since the request did not comply with all of the necessary findings and that the property owner did not show a hardship, the Planning Board voted 3-1 to recommend denial of the application. He added that staff was also recommending denial. Mayor Kingston asked if there was a pitch going to the east side of the property. Director Heard stated that there was a very slight pitch and not a large change in elevation in the front yard of the property. 4

14 Mayor Pro Tempore Thibodeau clarified that the stairway from the house would end on gravel if the concrete was removed. Director Heard stated she was correct. Councilor Britt asked if the concrete was the latter part of the project. Director Heard stated he was correct. Town Attorney Hobbs asked the applicants to make a presentation. Matt Shealey of Beach Realty and Construction was recognized to speak. Mr. Shealey stated that the Town was asking them to remove approximately 800 square feet of concrete, which would free up 800 square feet of lot coverage that could be used elsewhere on the site. He understood what the Town was trying to do regarding using semi-permeable materials, but allowing him to come a few feet off the driveway to build a structure or another improvement on the property would put it closer to the setback lines. He thought it was detrimental. Town Attorney Hobbs asked if any of the sworn witnesses wished to give a presentation or comment on the application. William Holden of 154 Marlin Drive was recognized to speak. Mr. Holden stated they have lived in their house for 39 years and have never had standing water; however, since the house at 152 Marlin Drive was built, they have had standing water on their property, especially after Hurricane Matthew. He asked Council not to grant the special exception request. Town Attorney Hobbs asked if anyone wished to address the application. There was no one. Town Attorney Hobbs asked Council if they had any remaining questions. Councilor Caviness asked if there was a lot of clearing. She pointed out that it looked like there was a lot of vegetative clearing. Matt Shealey stated that there wasn t much clearing on the side property lines. He added that they cleared out some of the underbrush, but most vegetation on the east and west property lines was left intact. Jo Anne Holden of 154 Marlin Drive was recognized to speak. Mrs. Holden stated that a great deal of vegetation was removed from 152 Marlin Drive. She added that they had asked the applicants not to touch the vegetation on their lot. She stated that the applicants removed a lot of vegetation. Jimbo Ward of Beach Realty & Construction was recognized to speak. Mr. Ward stated that he went out of his way not to touch Mr. and Mrs. Holden s property with regard to the vegetation. He added that the vegetation was removed in the rear of the lot, but none of the major vegetation was removed on either property line in order to protect the privacy on both sides. He noted that he visited the site multiple times after storms and saw no evidence of severe runoff. He added that a member of the Planning Board had 5

15 visited the site during a rain event and did not see any runoff. He stated that his position has always been that they submitted an engineered site plan to the Town and it was approved. He added that they built what the Town approved. He stated that the Planning Board had noted in their meeting that whenever there was a discrepancy in a Town ordinance, and a discrepancy in a site plan, the applicant should be notified that there was a discrepancy. He stated that in his experience with the Town of Duck, if he does something wrong, someone would contact him. He added that no one let him know and so they moved forward with pouring the concrete. He stated that the original site plan did show an outdoor event location that was discarded due to the overall lot coverage, which was the reason for the concrete parking spaces. He stated that if he has to remove four concrete parking spaces, there was 750 square feet that he can build anything on it that he wanted to. Ron Forlano of 1223 Duck Road was recognized to speak. Mr. Forlano stated that the Planning Board tries to speak as one voice and this special exception application was one that he was against. He stated that he looked at the site and observed a reasonably flat area with a concrete driveway. He stated that when Hurricane Matthew hit, he visited the site and there was no water on it. He added that he visited the site the day after the hurricane hit and did not notice ponding on Mr. and Mrs. Holden s property, but there were other properties on Marlin Dive that were knee deep in water that have pervious driveways. William Holden handed out photographs of his property to Council to be included as evidence that showed the water on his property after Hurricane Matthew hit, noting that there was severe runoff during the storm. Mayor Kingston asked if the photographs were of the new parking area. Mr. Holden stated that they were. Mayor Pro Tempore Thibodeau asked Director Heard to clarify the idea of 30% lot coverage with the parking guidelines stipulating that they are made from permeable or semi-permeable materials. Director Heard stated that the maximum lot coverage is 30% and the applicant came in under that. He explained that the Town ordinance has a rule that gravel is not counted as lot coverage so should the four parking spaces be converted to gravel, it would free up approximately 720 square feet to be used for anything else that would be allowable in Town. He stated that the other option was for the applicant to use semi-permeable materials and, while it wouldn t free up entirely 720 square feet, it would allow another 300 square feet to be used in another manner. Councilor Burdick understood that the applicant signed off on the final certificate that noted that the parking area needed to be gravel. He asked if that was correct. Director Heard stated that it was. Councilor Burdick clarified that the applicant had in his hands the paperwork showing that he was supposed to put in gravel. Director Heard stated he was correct. Mayor Pro Tempore Thibodeau asked if the 720 square feet could be anything other than parking. Director Heard stated she was correct as long as it met the setback requirements. 6

16 Jimbo Ward stated that he had sketches that show where the additional coverage would be placed on the lot. He went on to submit the sketches as evidence. Councilor Caviness asked if, given the likelihood of removing the concrete and adding an amenity to the lot, there was anything that could be done to the existing concrete that could help it become more permeable. Director Heard stated that there are things that could be done, adding that the main concern was storm water runoff. He added that the applicant could put in swales, retention ponds or additional plantings. Mayor Kingston asked if staff approved the gravel conversation pit. Director Heard stated that the applicant chose not to construct it because they felt they were getting close to the 30% lot coverage. Mayor Kingston asked if a vegetation plan was submitted. Director Heard stated that there was not a vegetative plan in this case. There being no one else wishing to speak, Town Attorney Hobbs closed the evidentiary portion of the public hearing and turned the meeting back over to Mayor Kingston. He reminded Council that a vote of the majority three Council members would be needed to approve the application. He added that if Council adopted the denial, they could choose to adopt the proposed findings and order or if they chose to proceed otherwise, they would need to include specific findings. Mayor Kingston noted that he and Mayor Pro Tempore Thibodeau had received an from a homeowner at 143 Mallard Drive. Town Attorney Hobbs stated that the was considered unsworn evidence and could not be the sole basis for the decision. Councilor Burdick stated that the Planning Board and Council spent a lot of time trying to get to a point where they were minimizing the impermeable surfaces that would be put in. He added that it gave an opportunity to the designers to use that area for other amenities. He stated that the whole idea was with the topography on the Outer Banks, Duck needed to take maximum advantage in containing runoff within the site as opposed to allowing them to spread to other sites. He stated that his problem with the application was that the applicant signed the statement accepting the conditions that he was to meet and did not meet them. He thought Council approving their request for a special exception would be setting a negative precedent. Mayor Kingston agreed with Councilor Burdick and the majority of the Planning Board. He added that it was a violation of what the building permit said and was setting a negative precedent. Councilor Britt stated that it was a tough situation for the applicant but agreed with the rest of Council. He added that it did not meet the definition of a special exception permit. Mayor Pro Tempore Thibodeau stated that she felt bad about the situation, adding that the applicant made a real effort to keep within the 30% lot coverage. She thought there would be some practical issues with the stairwell ending on gravel. 7

17 Councilor Burdick moved to deny Special Exception including all of the proposed findings and conclusions contained in the draft. Motion carried 5-0. Public Hearing/Discussion/Consideration of Ordinance 16-07, an Ordinance of the Town Council of the Town of Duck, North Carolina, Amending the Town s Zoning Ordinance by Establishing Standards for the Development of Accessory Dwelling Units as a Permitted Use in all Residential Zoning Districts Subject to Proposed Conditions including Limitation on the Number, Size, Height, Setbacks, Parking and Access for Accessory Dwelling Units Mayor Kingston turned the meeting over to Town Attorney Hobbs. Town Attorney Robert Hobbs stated that the public hearing was open. He asked Director Heard to give a presentation. Director Heard stated that at the request of Council, the Planning Board has recommended allowances and standards for the development of accessory dwelling units in Town. He added that proposed conditions included limitations on the number, size, height, setbacks, parking and access for the accessory dwelling units. He noted that at its April 13, 2016 meeting, the Planning Board seemed amenable to considering the concept of accessory dwelling units, but not larger multi-family residential uses. He added that the Board asked staff to provide background information about the alternatives for further consideration. Director Heard stated that after months of research and consideration, the Planning Board initially presented Council with a memorandum recommending against further consideration of accessory dwelling units. He stated that after reviewing the Planning Board s recommendation, Council asked the Planning Board to give further consideration to provisions allowing accessory dwelling units. Director Heard stated that at its September 14, 2016 meeting, the Planning Board voted 3-1 to recommend approval of Ordinance and staff was recommending approval as well. Councilor Burdick stated that he had previously questioned the square footage limitation. He asked how it compared with what the other towns were allowing. He further asked what a small two-bedroom, 1 bath unit have to be in square footage to be considered reasonable. Marc Murray of 1269 Duck Road was recognized to speak. Mr. Murray stated that the position of the Planning Board was that they wanted to keep detached accessory dwelling units smaller in order to maintain the residential feel of a neighborhood. He added that an attached accessory dwelling unit was limited to the existing size of the footprint of a 8

18 house. Councilor Burdick asked what a reasonable size would be. Mr. Murray thought it would be a percentage of the main dwelling. Mayor Pro Tempore Thibodeau noted that someone could build a garage and put a unit above it. She asked what the footprint would be for a regular two-car garage. Marc Murray stated it was 24x32 feet, which was standard. Councilor Burdick asked if someone could have two bedrooms in a garage. Marc Murray stated that it would be too small. Councilor Caviness clarified that it could be a studio apartment. Mr. Murray stated that it could. Councilor Caviness clarified that a 5,000+ square foot house would not have any room on the lot for an accessory dwelling unit. She asked if a homeowner wanted to have an accessory dwelling unit, the house would be a smaller scale to accommodate the accessory dwelling unit. Mr. Murray thought the area where it would be an issue would be ocean and sound front lots as they were larger and have larger houses. He added that some neighborhoods have a minimum conformity lot size of 15,000 square feet while others are smaller. Mayor Pro Tempore Thibodeau thought an accessory dwelling unit above a two-car garage would be more of a studio apartment. Councilor Burdick noted that people would want to build something above a standard garage. He thought that 768 square feet would be squeezing things in. He added that it would make more sense to standardize something that people could build. Mayor Kingston pointed out that a 15,000 square foot lot with a small house could accommodate a large accessory dwelling unit. Councilor Burdick stated that a two-car garage could still be constructed if the lot coverage was available. Mayor Kingston noted that the percentage could be high. Councilor Britt thought the accessory dwelling unit would be tiny inside. Councilor Burdick stated that he was looking to make sure that it was practical. Councilor Burdick asked what the other towns were doing with regard to accessory dwelling units. Director Heard stated that Asheville has a limit of 500 square feet and increased it to 800 square feet for detached units and 1,000 square feet for attached units; Currituck County has a limit of 1,000 square feet; Huntersville has a limit of 600 square feet; Manteo has 50% of the living area of a primary residence or 600 square feet, whichever was smaller; and Wilmington has a limit of 800 square feet or 35% of the main structure, whichever was less. Councilor Burdick asked what the Town of Kitty Hawk s limit was. Director Heard stated that they were not permitted as per their ordinance. Town Attorney Hobbs asked if members of the Planning Board wished to make a presentation. Ron Forlano thought it was good to come up with a maximum size for accessory dwelling units, but noted that there were other controlling factors that would control the size of the detached accessory dwelling units. He added that there was lot coverage, 9

19 setbacks and number of bedrooms allowed. He thought that Council should take that into consideration and address setting maximum standards. Town Attorney Hobbs asked if any members of the public wished to address the proposal. There were none. There being no one else wishing to speak, Town Attorney Hobbs closed the public hearing and turned the meeting back over to Mayor Kingston. He reminded Council that at least four votes would be needed to approve the ordinance on a first read. Mayor Kingston thought the key issue in front of Council was the size. Councilor Burdick stated that he would like to see it at 800 square feet as it would fit a two-car garage. He added that there were some around and it would be another reason to offer potential low cost housing for people that want to live in Duck. He thought it was what Council was trying to stimulate. He thought going to 1,000 square feet would be too much, but thought 800 square feet would work. He proposed that the language be changed in the ordinance from 700 square feet to 800 square feet. Mayor Kingston disagreed with Councilor Burdick. He pointed out that some homeowner association covenants do not allow accessory dwelling units so it may be a moot point in a lot of the subdivisions. Mayor Pro Tempore Thibodeau and Councilor Caviness agreed with Councilor Burdick s comments to allow accessory dwelling units over a two-car garage for flexibility. Councilor Britt stated he would be fine with raising it from 750 square feet to 1,000 square feet. Mayor Kingston moved to adopt Ordinance as amended with the new language that detached accessory dwelling units could be no larger than 800 square feet, heated. Motion carried 5-0. Public Hearing/Discussion/Consideration of Ordinance 16-08, an Ordinance of the Town Council of the Town of Duck, North Carolina, Amending the Town s Zoning Ordinance by Clarifying that the Rental of Single-Family Residences on a Daily Basis is Permitted in the Town of Duck and Including Provisions Allowing a Property Owner to Rent up to Two Rooms within a Residence on a Daily Basis in Nearly all Zoning Districts, Subject to a Variety of Conditions Mayor Kingston turned the meeting over to Town Attorney Hobbs. Town Attorney Robert Hobbs stated that the public hearing was open. He asked Director Heard to give a presentation. Director Heard stated that at its April 6, 2016 meeting, Council requested the Planning Board and staff to consider and address a list of concerns about land uses identified by 10

20 them. He added that questions and concerns were expressed by Council members about the growing number of properties being rented on a daily basis and individual rooms being rented within a residence. He stated that the Planning Board recommended text amendments with two main elements: (1) clarify that the rental of a single-family residence on a daily basis accessory is permitted in the Town and (2) allow a property owner to rent up to two rooms within a residence on a daily basis, subject to certain conditions. Director Heard stated that Town Attorney Hobbs advised the Planning Board that the Town has the authority to regulate land uses, but not ownership or occupancy. He added that a single-family residence was still a single-family residence, whether it was being rented on an annual, monthly, weekly or daily basis. He noted that the draft ordinance proposed to remove the term Short Term Rental Homes from the Permitted-Prohibited Use Table and list of permitted uses in the RS-1, RS-2 and R-2 zoning districts and permit all uses as single-family residences. Director Heard stated that Town Attorney Hobbs informed the Planning Board that they could consider the daily rental of individual rooms in a single-family residence to be a different, distinct type of land use, in the same way that many communities have adopted standards for rooming houses, boarding houses, and bed and breakfast inns. He explained that after considering alternatives that balance the interests of the broader community and individual property owners, the Planning Board prepared an ordinance that established a definition and standards for rooming houses. Councilor Burdick asked if the ordinance would ensure that if someone was renting rooms, they would have the proper tax collections to cover the rentals so the occupancy taxes were paid. Director Heard stated that the Town has no direct control over occupancy tax payments. Councilor Burdick asked if the Town could ask for evidence that a homeowner has a tax certificate. Town Attorney Hobbs asked if Councilor Burdick was referencing a proof of payment. Councilor Burdick disagreed, adding that one has to register to obtain a tax number or certificate. Mayor Pro Tempore Thibodeau clarified that Councilor Burdick was referencing a tax identification that registers someone that pays taxes. Councilor Burdick stated she was correct. Mayor Pro Tempore Thibodeau stated that she was not familiar with an individual setting something like that up. She added that if an individual was setting up through Airbnb, they remit to the county. Councilor Burdick stated that Airbnb was not the problem, it was when it was owned by an individual. Town Attorney Hobbs stated that he was not familiar with the County process and thought it would be incumbent on the County instead of the Town to make sure that any requirements the County had were complied with. Mayor Pro Tempore Thibodeau asked if Director Heard would be keeping a record as to who has these type of rentals. Director Heard stated that they would be done through an administrative permit. He explained that with an administrative permit, there may be improvements that need to be made to a house in order for someone to establish renting individual rooms. He stated that in discussions with Building Inspector Cory Tate and his review of the North Carolina Building Code, it could be as simple as inspecting the 11

21 residence to be sure that the owner has working fire alarms in each bedroom. He stated that the residence would be required to comply with the same building code as a bed and breakfast would be. He noted that it would not be totally the same requirements as a bed and breakfast has to obey, but there may be improvements that the property owner would need to make before they would be allowed to rent the rooms. He stated that part of staff s review would be to ensure that those things are done. He noted that there would be no signage in residential areas. Director Heard stated that at its meeting on September 14, 2016, the Planning Board voted unanimously to recommend approval of the proposed text amendment clarifying that residences could be rented on a daily basis and establishing provisions for rooming houses allowing the rental of up to two rooms within a residence. He added that staff was also recommending approval. Mayor Pro Tempore Thibodeau asked for clarification regarding individual rooms that cannot be located in an accessory dwelling unit in the draft ordinance. She asked if the concern was that people would build them specifically to rent them out as separate rooming houses. Director Heard stated she was correct. Councilor Burdick stated that one of the issues that the Town faces in the summer was people trying to come a day early to avoid the traffic and are looking for places to stay for one night. He clarified that they could rent a house for a day but could not rent an accessory unit for a day. Mayor Pro Tempore Thibodeau explained that it would take away from the motivation of the accessory dwelling units being more long-term, although it could not be specified. She further explained that the idea of the accessory dwelling unit being more of an encouragement for residential use as opposed to a visitor. Councilor Britt pointed out that one of the reasons for the accessory dwelling units was to increase income. He stated that he had a problem with allowing someone having a standalone structure and telling them how to use it. He noted that it was a different set of rules than for a rental house. Councilor Burdick agreed. Councilor Burdick felt that the Town was trying to satisfy two objectives. Mayor Pro Tempore Thibodeau agreed. Councilor Burdick thought the accessory dwelling unit should help the Town satisfy as much of both of the objectives as possible rather than limiting it. He stated that it was a limitation that the Town didn t need. Town Attorney Hobbs asked if members of the Planning Board wished to make a presentation. Marc Murray stated that the condition came to the Board in the staff report for a meeting that Director Heard was unable to attend. He added that the Board was short by one member, who had sent in an disagreeing with the ordinance. He stated that as the Board discussed it, Town Attorney Hobbs had let them know what they could and could not regulate, it seemed unfair considering the circumstances. He stated that one member had made that point via and as the other members discussed it, they did not 12

22 interpret it that way without Director Heard present to give the interpretation. He stated that the Board changed the wording in the draft ordinance to state that someone could not rent single rooms in an accessory dwelling unit. He explained that the reason behind that was it could be rented to two separate parties in an accessory dwelling unit and the Board felt it would be problematic. He stated that the Planning Board discussed some of the same concerns Council had, but felt that by adding single bedroom in an accessory dwelling unit, it clarified things; however, it became clear at a subsequent meeting that the Board did not read it properly. Ron Forlano stated that he had a problem with the occupancy tax question Council Burdick raised. He thought there was already a problem with occupancy tax collections with people that rent through VRBO. He stated that he knew that Dare County was not collecting every occupancy tax dollar that they should. He explained that whether it went through a rental agency or through an Airbnb, it was collected. He stated that occupancy taxes not being collected was his issue with the ordinance. Councilor Britt asked if some of the rental companies attended the Planning Board meeting. Director Heard stated that four had attended. He added that six were invited, four attended, written comments were received by one and written comments were received by Advice 5 Cents Bed and Breakfast and the Sanderling Resort. Councilor Britt asked what the feeling was. Director Heard stated that there were concerns, but the general sentiment was stronger with the lodging property as they saw it as a direct conflict with what they did whereas the rental companies did not express as passionate a concern and didn t feel it had a significant impact on their business model. He stated that there were concerns that dealt with a lot of the operations in regard to health and safety. Joe Blakaitis of 115 Sandpiper Cove was recognized to speak. Mr. Blakaitis stated that the realtors made mention of taxes and anyone that rented their property this way was not getting the advantages of the professionalism of rental companies. He felt that the Planning Board did not get a clear message from the rental companies that concerned them. Town Attorney Hobbs asked if any members of the public wished to address the proposal. There were none. There being no one else wishing to speak, Town Attorney Hobbs closed the public hearing and turned the meeting back over to Mayor Kingston. He reminded Council that at least four votes would be needed to approve the ordinance on a first read. Mayor Kingston stated that he was opposed to the ordinance and did not see any compelling reason why Council wanted to get into the daily rental of rooms in Town. He pointed out that there were hotels and bed and breakfasts and rental companies that could rent for less than a week to people. He didn t see a compelling reason as to why the Town would want to get into trying to enforce daily rental of rooms in residential areas. He thought it was unfair practice to the bed and breakfasts and hotels who have to abide by a whole different set of safety standards. He thought putting a commercial use like 13

23 rooming houses into residential areas was not what should be done in Duck. He saw no reason why the ordinance should move forward. Councilor Britt agreed with Mayor Kingston s comments opposing the ordinance. He added that he was opposed to it because it was a commercial use in a residential zone. He stated that it would be an enforcement nightmare for the staff. Councilor Caviness agreed with Mayor Kingston and Councilor Britt. She stated that she could not support the ordinance at any level. She stated that she knew that a lot of the discussion came up with regard to Airbnb and this ordinance did nothing to address any of the problems that have started with regard to the impact of Airbnb on short-term lodging. She thought the ordinance had a lot of problems for many reasons. Town Attorney Hobbs noted that the ordinance addressed the rooming houses but also included additional provisions that could stand alone should the Council decide to consider them, which was the elimination of provisions for a short term rental home and there were certain provisions that address it and has the language in it. He stated that Council could decide to remove or not adopt the ordinance in its entirety and if they felt like it was something they wanted to do, Council would have the option to remove all of the provisions that dealt with rooming houses while retaining provisions that dealt with removal and elimination of the term short term rental home from the entire ordinance. He thought Director Heard had worked on the provisions that would remain should Council decide it wanted to potentially adopt a revised version of the ordinance. He stated that the alternative could be to send it back to the Planning Board to have them bring something back that would address short term rentals. Mayor Pro Tempore Thibodeau thought there seemed to be strong opinions on the rooming house portion of the ordinance and extracting it would benefit everyone so it could be understood better. She stated that she was confused as to separating them out and thought Council would benefit with seeing a revised ordinance. Councilor Burdick agreed that the ordinance should be sent back to the Planning Board. Councilor Britt asked if Council should give the Planning Board direction on how to address renting part of the house. Mayor Pro Tempore Thibodeau asked if Council felt that it did not think that Airbnbs were right for the Town of Duck. Mayor Kingston thought Council was saying that it did not want to rent rooms on a daily basis but that they could be rented on a weekly basis. Councilor Caviness thought Airbnb was a presence and was constantly self-correcting. She noted that it had mechanisms in place to collect taxes and to be listed. She didn t think it was a perfect solution, but felt it provided some options. She added that it has created a lot of trouble for the lodging industry in its totality, particularly hotels and bed and breakfasts. She stated that it was more of a buyer beware situation and could raise health and safety issues. She didn t think Council should say that it would not allow them and thought it was a situation that was evolving. She stated that she had a problem with allowing anything in the Town of Duck, whether in a residential or commercial zone, as 14

24 it could become a rooming house with no parameters. She didn t think it was okay to make every house in any zone able to be a rooming house. Councilor Burdick understood Councilor Caviness concerns, but thought it was going to happen no matter what. Councilor Caviness agreed. Councilor Burdick stated that the Town needed to adapt to it as oppose to opposing it which included room rentals. He stated that the question was how Council could get its arms around it. He thought the Town would have trouble restricting rooming houses. He added that even if Council prohibits it, people would still do it. Mayor Pro Tempore Thibodeau agreed. Councilor Britt felt that Council needed to give the Planning Board some direction if the ordinance was going to be sent back. Councilor Burdick agreed, but added that he was at the point that Duck was not going to stop the new wave of industry. He stated that Council needed to do something to get its hands around room rentals. Councilor Caviness agreed. Councilor Burdick thought Council had two choices find a way to describe something that has some reasonable restrictions within the Town or ignore it and have no restrictions. He stated that he didn t have a problem with rooming houses because Council was trying to put some logical restrictions on them as opposed to doing nothing. Councilor Caviness stated that there were four listings in Town presently. She added with Airbnb, it could be a room or a whole house. Councilor Britt stated that there were only four listings of individual rooms. He added that in doing some research, some of the search parameters included renting part of a house, which was his issue. Mayor Pro Tempore Thibodeau asked if the issue was the idea that people were renting a part of a house and no one is living there. Councilor Britt stated that it was. Mayor Pro Tempore Thibodeau stated that she has seen rentals listed on Facebook where there were 10 individuals that do not know each other renting a house together. She added her company has dealt with that issue. She clarified that Councilor Britt was worried that individual rooms were being rented as opposed to one renter renting a house. Councilor Britt felt that renting a single room was considered a commercial activity and did not like it. Mayor Pro Tempore Thibodeau asked if it was because the owner may or may not be present. Councilor Britt stated that it was. Mayor Kingston agreed, adding that there was no oversight. Mayor Pro Tempore Thibodeau pointed out that there was also no oversight when someone rents a house to an entire family. Councilor Caviness noted that there were cleaners and inspectors. Mayor Pro Tempore Thibodeau understood, adding that it was the owner contracting with those services. Town Manager Layton asked if Council could not allow rental of single rooms in a residential setting. Town Attorney Hobbs thought Council could. He thought if the issue came before a court in North Carolina, they would likely hold that the Town would not be able to regulate the duration of a stay. He didn t believe that the Town has the legal authority to say what the minimum or maximum lease term would be as it went more towards the regulation of the ownership of the property instead of the use of the property. He stated that Council s powers under the General Statutes have to do with use. He 15

25 stated that if Council was thinking about trying to work with the topic and build in some type of minimum and maximum lease term, he advised against it. Councilor Burdick asked how many housing units were located in Duck. Councilor Britt thought it was approximately 2,500 2,600. Councilor Burdick asked how many were rental units. Director Heard thought it was about 90%. Councilor Burdick pointed out that 90% of the homes in Duck were open and shut for the year and 10% were the ones that would have room rentals. He added that Council was not discussing this going into every home because people would not keep a house open just to rent one room. He noted that it was cost prohibitive. Mayor Kingston thought the bottom line was that Council wanted to send the ordinance back to the Planning Board as they were concerned that it was a commercial use in a residential area. He added that Council discussed the issues and thought the Board could work with it. Councilor Britt pointed out that Town Attorney Hobbs had said that the Town could say a room could not be rented within a house. Town Attorney Hobbs stated he was correct. Mayor Pro Tempore Thibodeau asked if an owner could not do that, then it would make Airbnb s illegal unless it was the entire house. Town Attorney Hobbs stated she was correct. Mayor Pro Tempore Thibodeau could not believe that Council would consider it. Mayor Kingston asked if Council could make rooming houses a prohibited use in residential areas. Mayor Pro Tempore Thibodeau thought it was monumental and could not believe Council was discussing it. Councilor Britt noted that Council was not passing the ordinance at this meeting, but were discussing sending it back to the Planning Board. Councilor Caviness stated that she could not support prohibiting Airbnbs. She added that there were a lot of rental houses in Duck that have Facebook pages with names that suggest that they are bed and breakfasts, even though they were rental homes. She didn t think the Town should get into regulating the issue. She stated that making it possible for every house in any zoning district to become a rooming house was not something she could support at any level. Mayor Pro Tempore Thibodeau stated that she did not see the distinction. She added that she didn t want to impede other businesses. She reiterated that she did not get the distinction between what the Planning Board laid out regarding what a rooming house was versus an Airbnb. She stated that the whole idea of having a commercial activity in a residential neighborhood was 85-90% of what Duck was. Councilor Britt agreed, but added that he wondered if the individual room part of it was taking things too far. Councilor Burdick pointed out that it was going to happen and was currently happening whether Council walks away from it or not. He suggested changing the short term rental portion and leaving the rest alone and accept that there would be some single room rentals in Town. He noted that it had an advantage because the Town would not be promoting it. Councilor Caviness asked what the Town would do. She further asked if the Town would call the Health Department to have them inspect a property. She didn t think 16

26 it was something Council could put on the Town. She added that if Council permits rooming houses, there was going to be a lot of administrative oversight. Councilor Burdick suggested that Council send it back to the Planning Board to review the short term rental section and table the rest of the ordinance for a future meeting. It was consensus of Council to do so. OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS There was no Old Business to discuss. Mayor Kingston called for a five-minute recess. The time was 10:02 p.m. Mayor Kingston reconvened the meeting. ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY Town Attorney Hobbs stated he had nothing to report. ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER Update on Departmental Activities Police Chief John Cueto was recognized to speak. Police Chief Cueto gave a brief overview of the past month s police activities to Council and the audience. Director Heard gave a brief overview of the past month s permit activities to Council and the audience. Director of Public Information Denise Walsh was recognized to speak. Director Walsh gave a brief overview of the past month s activities to Council and the audience. Update on the Town of Duck Beach Nourishment Project Town Manager Layton stated that he confirmed that the agreements with the Corps site has been shipped to Savannah, Georgia. He wasn t sure how long it would remain there. He hoped it would be taken care of by January. Update on Hurricane Matthew Town Manager Layton stated that he attended a public assistance workshop earlier in the day with FEMA. He stated that Council needed to take action to designate him and Director Heard as representatives to work with FEMA through the public assistance program. 17

27 Councilor Burdick moved to designate Town Manager Layton and Director Heard to act as representatives for the Town of Duck. Motion carried 5-0. Town Manager Layton stated that all of the paperwork was in for eligibility; however, one of the significant things that have happened with FEMA was the out of pocket costs in order to apply for a grant for reimbursement. He explained that it used to be for individual categories, there was a minimum cost of $1,000. He added that if the out of pocket expenses for a disaster were $1,000 or more, one would be eligible to apply for a grant through FEMA for reimbursement. He stated that it has been raised to $3,100 and the majority of what the Town had would not meet that threshold. He stated that the Town could meet the threshold with debris pickup; however, because of the type of storm Hurricane Matthew was, it put the Town in a difficult situation from a policy standpoint with regard to pumping. Town Manager Layton stated that the more difficult piece was the debris because it was more widespread but was not as much to clean up. He stated that staff realized early that the debris could not be handled by the normal bulk waste pickup and he spoke with the other towns and went in with Dare County s contractor for the debris cleanup with TAG Grinding Services. He added that he issued a Notice to Proceed with TAG as well as with Thompson Consulting Services for monitoring services. He stated that he was told they would begin cleanup on October 31, 2016 but it did not start in Town or any other towns except for the Town of Southern Shores and mainly Hatteras Island. He stated that when he talked with the representative from TAG Grinding to obtain a start date, he was told that they would do their best to get to Duck but the amount of debris was not worth their time. Town Manager Layton thought this was unreasonable to have the debris on the streets much longer as it needed to be picked up. He stated that he contacted Waste Management to ask if they would be able to complete a more involved pickup. He added that Waste Management responded that they would send two trucks and crews out for $175.00/hour for the trucks and the tipping fee of $ He noted that they were able to start November 3, 2016 and he told them to move forward. He stated that the estimated cost was $3,000 for the pickup. He pointed out that it was likely that the Town would not be reimbursed through FEMA, but felt it was better to get the debris cleaned up. Financial Statement for October FY 2017 Town Manager Layton reviewed the financial statement, beach activities and beach nourishment reports with Council and the audience. MAYOR S AGENDA 18

28 Mayor Kingston stated that he would be attending the Duck Police Department conference on November 18, He stated that the US Army Corps of Engineers will be holding a meeting on the remediation of the Duck Target Facility on November 9, 2016 that he and Mayor Pro Tempore Thibodeau would be attending. He stated that he and Town Manager Layton would be attending the North Carolina Beach Inlet and Waterways annual conference on November 14-15, He stated that the mayors meeting has not been set for November. He reminded Council to send in their input to Mayor Pro Tempore Thibodeau by November 9, 2016 for Town Manager Layton s evaluation and to review the 2027 Vision material in anticipation of the Mid-Month meeting. COUNCIL MEMBERS AGENDA Mayor Pro Tempore Thibodeau had nothing to report. Councilor Burdick thanked Town staff on their work during Hurricane Matthew. Councilor Caviness had nothing to report. Councilor Britt wished Mayor Pro Tempore Thibodeau luck in the upcoming election. OTHER BUSINESS Additional Public Comments Mayor Kingston opened the floor for public comments. There being no one wishing to speak, he closed the time for public comments. Mayor Kingston noted that the next meeting will be the Mid-Month Meeting on Wednesday, November 16, 2016 at 1:00 p.m. ADJOURNMENT Councilor Britt moved to adjourn the meeting. Motion carried 5-0. The time was 10:54 p.m. Approved: Don Kingston, Mayor Lori A. Ackerman, Town Clerk 19

29 TOWN OF DUCK TOWN COUNCIL REGULAR MID-MONTH MEETING November 16, 2016 The Town Council for the Town of Duck convened at the Paul F. Keller Meeting Hall at 1:00 p.m. on Wednesday, November 16, COUNCIL MEMBERS PRESENT: Mayor Don Kingston; Mayor Pro Tempore Monica Thibodeau; Councilor Nancy Caviness; Councilor Chuck Burdick; and Councilor Jon Britt. COUNCIL MEMBERS ABSENT: None. OTHERS PRESENT: Town Manager Christopher Layton; Director of Community Development Joe Heard; Police Chief John Cueto; Fire Chief Donna Black; Director of Public Information Denise Walsh; Public Relations Assistant Betsy Trimble; and Town Clerk Lori Ackerman. OTHERS ABSENT: Town Attorney Robert Hobbs. Mayor Kingston called the meeting to order at 1:07 p.m. DISCUSSION OF DRAFT TOWN OF DUCK 2027 VISION AND GOALS Town Manager Christopher Layton was recognized to speak. Town Manager Layton stated that on October 18 and 19, 2016, Council and staff engaged in an effort to re-examine the previously adopted 2022 Vision and Goals to determine if any realignment of the documents needed to be made due to changing circumstances, completed projects or other factors. He stated that Council again engaged the services of A. Tyler St. Clair for the work, which resulted in the Duck 2027 Vision and Goals. He recommended that Council and staff review the draft Town of Duck 2027 Vision, Goals and Next Steps and after the discussion, if a consensus was reached on the items, Council can approve them at their December 7, 2016 meeting. Mayor Kingston suggested that Council start with the Vision statement. He noted that in the first paragraph, Council and staff had changed the language to read: preeminent destination for everyone He asked if there were other changes or comments. There were none. Mayor Kingston directed Council and staff to review Duck and Our Village for changes or comments. There were none. Mayor Kingston directed Council and staff to review Enhanced Movability for changes or comments. There were none. Mayor Kingston directed Council and staff to review Environmental Stewardship for changes or comments. There were none. Mayor Kingston directed Council and staff to review Active, Engaged Community for changes or comments. There were none. Mayor Kingston directed Council and staff to review Vibrant, Thriving Business Community for changes or comments. There were none. 1

30 Mayor Kingston directed Council and staff to review Responsive and Responsible Leadership for changes or comments. There were none. Mayor Kingston directed Council and staff to review the 3-5 year goals for changes or comments. Councilor Burdick suggested that Goal 2 be changed to read: and continue to monitor all areas of the Town Mayor Kingston thought it was a good change. Mayor Pro Tempore Thibodeau suggested the language read: continue to monitor all areas of the Town to identify future projects as needed Councilor Britt suggested the language read: continue to monitor all areas of the Town to identify possible future projects It was consensus of Council to have the language read: and continue to monitor all areas of the Town to identify possible future projects Councilor Burdick pointed out that Goal 4 stated: flat/slow tax growth He stated that a flat tax growth did not make any sense as flat did not go with growth. He added that it could be slow or no tax growth. Councilor Britt suggested it read: flat or slow tax growth Mayor Pro Tempore Thibodeau pointed out that Councilor Burdick was saying that flat and growth did not go together. She wondered if growth was the right word. Councilor Burdick thought it could read: flat or slow but added that flat did not go with growth. Councilor Caviness suggested it read: flat or slow growth Councilor Burdick suggested the following language: slow or no tax growth Mayor Pro Tempore Thibodeau did not like the suggested change. Councilor Burdick suggested: slow or limited tax growth Mayor Kingston suggested: the desire for a flat or slow tax growth He further suggested:...the desire for a stable or slow tax growth Councilor Burdick suggested: the desire for a stable or limited tax growth It was consensus of Council to have the language read:...the desire for a stable or limited tax growth Mayor Kingston noted that Goal 6 read: explore strategies/forum for HOAs He wondered if forum should be in the language and that it should read: explore strategies for HOAs It was consensus of Council to have the language read: Explore strategies for HOAs to connect and engage with the Town and each other Councilor Burdick asked if anything needed to be added about the Duck Trail in Goal 8. He noted that it referenced everything except the Duck Trail. Mayor Kingston asked Councilor Burdick if he was talking about the maintenance of the Duck Trail. Councilor Burdick stated that he was. Councilor Caviness pointed out that it was under Goal 3. Councilor Burdick stated that it talked of construction and he felt it should include maintenance. Mayor Kingston noted that Goal 8 had to do with traffic flow. Councilor Burdick stated that the Duck Trail dealt with traffic flow as well. Mayor Pro Tempore Thibodeau pointed out that the pedestrian plan was not noted in the 3-5 year goals. She thought it could be added as another goal. Councilor Burdick thought it was left out of the goals. Town Manager Layton stated that it was more of a talking point. Councilor Caviness pointed out that the pedestrian plan was omitted from the goals. Mayor Pro Tempore Thibodeau stated that the pedestrian plan should either be added to Goal 8 or have it as Goal 10. Town Manager Layton thought it should be a new goal. It was consensus of Council to add the pedestrian plan as Goal 10. Councilor Burdick suggested that Goal 9 be changed to read: and the Town, ensuring He added that it read better. Mayor Pro Tempore Thibodeau agreed. Mayor Kingston suggested that it be changed to one sentence and removing the bullets. Councilor Burdick thought the bullets should remain as they emphasized strength. Mayor Pro Tempore Thibodeau suggested the last 2

31 line read as follows: appropriate information is shared with visitors and property owners It was consensus of Council to make the changes Councilor Burdick and Mayor Pro Tempore Thibodeau suggested. It was consensus of Council to have a new goal, Goal 10, which read as follows: Implement all phases of the Comprehensive Pedestrian Plan. Mayor Kingston directed Council and staff to review the Next Steps for changes or comments. There were none. Councilor Britt moved to forward the 2027 Vision and 3-5 Year Goals for adoption at the December 7, 2016 meeting as amended. Motion carried 5-0. CLOSED SESSION Mayor Pro Tempore Thibodeau moved to enter Closed Session in accordance with Section (6) of the North Carolina General Statutes to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee. Motion carried 5-0. The time was 1:44 p.m. Upon return from closed session, Mayor Kingston noted that Town Manager Layton s salary would be $136, and he would also receive a one-time bonus of $5,000. Mayor Kingston stated that the next meeting will be the Regular Meeting on Wednesday, December 7, 2016 at 7:00 p.m. ADJOURNMENT Councilor Caviness moved to adjourn the meeting. Motion carried 5-0. The time was 3:54 p.m. Approved: Lori A. Ackerman, Town Clerk Don Kingston, Mayor 3

32 AGENDA: December 7, 2016 Regular Meeting ITEM #4: Old Business/Items Deferred from Previous Meetings A. Discussion/Consideration of the Town of Duck 2027 Vision and the Duck Town Council 3 to 5 Year Goals B. Discussion/Consideration of the 2017 Town Council Annual Calendar RECOMMENDED ACTION: See Attachments SUMMARY OF INFORMATION: See Attachments ATTACHMENTS: See Attachments

33 AGENDA: December 7, 2016 Regular Meeting ITEM #4A: Old Business/Items Deferred from Previous Meetings A. Discussion/Consideration of the Town of Duck 2027 Vision and the Duck Town Council 3 to 5 Year Goals RECOMMENDED ACTION: Approve Vision and Goals SUMMARY OF INFORMATION: On October 18 th and 19 th, 2016, the Town Council and staff engaged in an effort to reexamine the previously adopted 2022 Vision and Goals to determine if any realignment of the documents needed to be made due to changing circumstances, completed projects or other factors. The Town Council again engaged the services of Tyler St. Clair for this work, which resulted in the attached Town of Duck 2027 Vision and Goals. At the Council s Mid Month Meeting, the Vision and Goals were re-examined and various changes were made. The attached Vision and Goals represent these changes. It is recommended that the Council approve the Town of Duck 2027 Vision and the Duck Town Council 3 to 5 Year Goals. ATTACHMENTS: Town of Duck 2027 Vision Duck Town Council 3 to 5 Year Goals

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37 AGENDA: December 7, 2016 Regular Meeting ITEM #4B: Old Business/Items Deferred from Previous Meetings B. Discussion/Consideration of the 2017 Town Council Annual Calendar RECOMMENDED ACTION: Per discussion SUMMARY OF INFORMATION: Attached is the 2017 Town Council Annual Calendar. Of note are the following proposed dates: January 27, 2017, the Winter Celebration and February 14 th and 15 th, 2017, the Annual Council Retreat. The Council is asked to review and approve the calendar subject to discussion. ATTACHMENTS: Proposed 2017 Town Council Annual Calendar

38 COUNCIL MEETING DATE 2017 SCHEDULE January 4 January 18 (Mid-Month Meeting) January 27 (Winter Celebration) February 1 February 14 and 15 (Council Retreat) March 1 March 15 (Mid-Month Meeting) April 5 April 19 (Mid-Month Meeting) May 3 May 17 (Mid-Month Meeting) June 7 June 21 (Mid-Month Meeting) July 5 July 19 (Mid-Month Meeting) August 2 August 16 (Mid-Month Meeting) September 6 September 20 (Mid-Month Meeting) October 4 October 18 (Mid-Month Meeting) November 1 November 15 (Mid-Month Meeting) December 6 December 20 (Mid-Month Meeting)

39 AGENDA: December 7, 2016 Regular Meeting ITEM #5: New Business A. Discussion/Consideration of Nominations to the Dare County Tourism Board B. Discussion/Consideration of Authorizing the Town Manager to Execute a Contract with RRMM Architects for the Town of Duck Public Safety Building Facilities Conditions Assessment and Space Needs Study RECOMMENDED ACTION: See Attachments SUMMARY OF INFORMATION: See Attachments ATTACHMENTS: See Attachments

40 AGENDA: December 7, 2016 Regular Meeting ITEM #5A: New Business A. Discussion/Consideration of Nominations to the Dare County Tourism Board RECOMMENDED ACTION: Nominate three individuals for consideration by the Dare County Board of Commissioners for appointment to the Dare County Tourism Board SUMMARY OF INFORMATION: Nancy Caviness term as the Town of Duck s representative to the Dare County Tourism Board expires on December 31, The Dare County Board of Commissioners is requesting the names of three individuals to be nominated for this position by the Town Council. Councilor Caviness is eligible for reappointment. ATTACHMENTS: Letter from Dare County

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44 AGENDA: December 7, 2016 Regular Meeting ITEM #5B: New Business B. Discussion/Consideration of Authorizing the Town Manager to Execute a Contract with RRMM Architects for the Town of Duck Public Safety Building Facilities Conditions Assessment and Space Needs Study RECOMMENDED ACTION: Authorize the Town Manager to execute a contract with RRMM Architects for the Town of Duck Public Safety Building Facilities Conditions Assessment and Space Needs Study SUMMARY OF INFORMATION: As a part of the FY 2017 Capital Improvements Program (CIP) and FY 2017 Budget, funding was provided for the assement of the current Public Safety Building and options related to renovation or rebuild of the structure. The Town issued a request for qualifications for this work and received responses from RRMM Architects, Tymoff and Moss Architects, JKF Architecture, Oakley Collier Architects, and Stewart Cooper Newell Architects. Town staff conducted interviews with all respondents with the exception of JKF Architecture. After these interviews, staff selected RRMM Architects. The attached draft contract would provide for work to evaluate the current and future needs related to the Public Safety building, assess the conditions of the current building, and provide concepts and recommendations related to the renovation or rebuilding of the structure. The proposed fee for these services is $29, The FY 2017 Budget provides $20,000 for the project and if approved, the remaining $9, would have to be appropriated from contingency through a budget amendment. ATTACHMENTS: Draft RRMM Contract

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