Agenda Town of Duck Council Town of Duck …...2013/10/02 · Mayor’s Agenda 10. Council...

Agenda

Town of Duck Council Town of Duck Meeting Hall

October 2, 2013 7:00 p.m.

Regular Meeting

1. Call to Order

A. Pledge of Allegiance B. Moment of Silence 2. Public Comments 3. Consent Agenda

A. Minutes from the September 4, 2013, Regular Meeting

B. Minutes from the September 18, 2013, Mid Month Meeting

C. Budget Amendment

4. Public Hearings

A. Public Hearing/Discussion/Consideration of CUP-13-002, a Conditional Use Permit by Michael W. Strader, Jr., P.E. of Quible & Associates, P.C., on behalf of TFP, LLC, property owner, for a new property maintenance facility to be located at 109 Scarborough Lane

5. Old Business/Items Deferred from Previous Meetings

A. Discussion/Consideration of authorizing the Mayor to execute an Interlocal Agreement for Beach Nourishment Funding between Dare County and the Town of Duck

6. New Business

A. Discussion/Consideration of Resolution #13-16, a Resolution of the Town Council of the Town of Duck, North Carolina, Supporting Adoption of the Albemarle Regional Bicycle Plan

7. Items Referred To and Presentations from the Town Attorney 8. Items Referred To and Presentations from the Town Manager

A. Update on Departmental Activities

October 2, 2013 Regular Meeting (continued) ____________________

8. Items Referred To and Presentations from the Town Manager (continued) B. Project Update on Beach Nourishment Project C. NCBIWA Annual Conference D. Surf Rescue Contract Renewal E. Financial Statement for the Month of September for FY 2014

9. Mayor’s Agenda 10. Council Members’ Agenda 11. Closed Session 12. Other Business 13. Adjournment

AGENDA: October 2, 2013 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


ITEM #2: Public Comments

RECOMMENDED ACTION: None required.

SUMMARY OF INFORMATION: The Council shall receive comments from the public.

ATTACHMENTS: None


ITEM #3: Consent Agenda

A. Minutes from the September 4, 2013, Regular Meeting B. Minutes from the September 18, 2013, Mid-Month Meeting

C. Budget Amendment

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 September 4, 2013, Regular Meeting and the September 18, 2013, Mid-Month Meeting. The budget amendment transfers $30,000 from Contingency to Capital Outlay: Environmental Protection to cover costs associated with the contract with DEC Associates related to beach nourishment financing. The Council is requested to approve the minutes and the budget amendment.

ATTACHMENTS: Minutes Budget Amendment

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TOWN OF DUCK TOWN COUNCIL

REGULAR MEETING September 4, 2013

The Town Council for the Town of Duck convened at the Duck Meeting Hall at 7:00 p.m. on Wednesday, September 4, 2013. COUNCIL MEMBERS PRESENT: Mayor Don Kingston; Mayor Pro Tempore Monica Thibodeau; Councilor Chuck Burdick; Councilor Nancy Caviness; and Councilor Jon Britt. COUNCIL MEMBERS ABSENT: None. OTHERS PRESENT: Town Manager Christopher Layton; Police Chief Phillip Ferguson; Fire Chief Donna Black; Director of Community Development Andy Garman; Town Attorney Robert Hobbs; Public Information Officer Denise Walsh; and Town Clerk Lori Kopec. OTHERS ABSENT: None. Mayor Kingston called the meeting to order at 7:03 p.m. He asked Planning Board Member Ron Forlano to lead the Pledge of Allegiance. Mayor Kingston led the moment of silence. 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, he closed the time for public comments. SPECIAL PRESENTATIONS Employee Service Recognition Program Recipient Mayor Kingston stated that in December, 2011, Council had adopted an employee service recognition program that would acknowledge the service of employees of the Town at ten year intervals by providing them with a certificate of recognition as well as a gift certificate in the amount of $100 at a Duck business of their choosing. Mayor Kingston, Town Manager Layton and Director of Community Development Andy Garman went on to present a certificate to Permit Coordinator Sandy Cross. CONSENT AGENDA Minutes from the July 17, 2013, Mid-Month Meeting; Minutes from the August 7, 2013, Regular Meeting; Two-Year Implementation Status Update of the Town of Duck CAMA Land Use Plan Councilor Burdick moved to approve the Consent Agenda as presented. Motion carried 5-0. PUBLIC HEARINGS

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Public Hearing/Discussion/Consideration of SE 13-001, a Special Exception Permit to Allow a 20 Foot Front Yard Setback where a 25 Foot Setback is required in Order to Permit the Installation of an Inground Swimming Pool, Pool Surround and Barrier at 114 Christopher Drive Mayor Kingston turned the meeting over to Town Attorney Hobbs. Town Attorney Hobbs was recognized to speak. 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 Kopec proceeded to swear in the applicants and staff for the public hearing. The following persons were sworn to provide testimony during the hearing: Andy Garman and George Hazen. Town Attorney Hobbs opened the evidentiary portion of the hearing. He stated that Director Garman would give an overview. Director of Community Development Andy Garman was recognized to speak. Director Garman stated that in July, the Planning Board heard SE 13-001, which was a Special Exception Permit to allow a 20 foot yard setback where a 25 foot setback was required in order to permit the installation of an inground swimming pool, pool surround and barrier at 114 Christopher Drive. He stated that Town Code §156.054 was established by the Town to allow the Planning Board and Council to grant special exceptions for properties with principal structures that were in existence on or before July 1, 2003. He explained that the special exceptions authorized by Town Code §156.054 were specifically related to building height and setback requirements. He stated that the house was built in 1988 and contained five bedrooms, adding that in 1999, the size of the house was increased to five bedrooms and the septic system, which was located at the rear of the property, was revised at that time with the enlargement of the drainfield and establishment of a repair area directly to the rear of the active septic system. He stated that the septic system and repair area comprise the total usable area in the rear of the property. He noted that in order to avoid the expense of relocating the septic system, the applicant was proposing to locate the pool to the front of the house; however, he would need a five foot reduction in the front yard setback to accommodate the pool, as the dimensions for the pool were 12’x27’ with a 2-5 foot concrete surround. Director Garman stated that the Planning Board voted 4-1 to recommend approval of the Special Exception permit based on the site plan drawing and the narrative provided by the applicant. He added that staff was recommending approval. Town Attorney Hobbs asked Council if they had any questions. Mayor Pro Tempore Thibodeau stated that she appreciated the thoroughness of the information received prior to the public hearing.

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Mayor Kingston asked if it was not uncommon for a swimming pool to be placed in the front yard on Christopher Drive. Director Garman stated that there were quite a few pools in the front yard on that street. Councilor Burdick clarified that it was consistent with the neighborhood. Director Garman stated that it was. Town Attorney Hobbs asked George Hazen to make a presentation. George Hazen was recognized to speak. Mr. Hazen stated that he had exhausted every avenue to comply with the existing setbacks on his property. He stated that he identified in his application eight different homes on Christopher Drive that have pools in the front yard with less of a setback than he was asking for. He added that he exhausted all opportunities he could find, including locating the entire septic system to the front yard but because of the setback requirements, he could not do so. Town Attorney Hobbs asked Council if they had questions for George Hazen. There were none. Town Attorney Hobbs asked Council if they had questions for any of the witnesses. There were none. There being no one else wishing to speak, Town Attorney Hobbs closed the evidentiary portion of the hearing and turned the hearing back over to Mayor Kingston. Councilor Burdick stated that he had attended the Planning Board discussion on the issue and felt it was very thorough, with the Board exploring all of the angles and thought the applicant further added to the information. He stated that it seemed like a reasonable proposition. Councilor Burdick moved to approve SE 13-001 as presented. Mayor Pro Tempore Thibodeau thought the application was reasonable and appreciated the amount of effort that went into trying to make things work conventionally. She thought the small encroachment on the setback was reasonable. Motion carried 5-0. Public Hearing/Discussion/Consideration of CUP 13-002, a Conditional Use Permit by Michael W. Strader, Jr., P.E. of Quible and Associates, P.C., on Behalf of TFP, LLC, Property Owner, for a New Property Maintenance Facility to be Located at 109 Scarborough Lane Councilor Caviness stated that she had predetermined opinion on the outcome of the application and asked for Council to recuse her from participating in the consideration of the CUP. Mayor Pro Tempore Thibodeau moved that the Duck Town Council recuse Councilor Nancy Caviness from participating and voting on Conditional Use Permit application 13-002, submitted by Michael J. Strader, Jr., P.E. of Quible and Associates on behalf of TFP, LLC, property owner; due to her belief that she has a predetermined opinion on the outcome of the application. Mayor Kingston noted that Councilor Caviness would not be able to vote on the motion. Motion carried 4-0.

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Mayor Kingston turned the meeting over to Town Attorney Hobbs. Town Attorney Hobbs was recognized to speak. 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 Kopec proceeded to swear in the applicants and staff for the public hearing. The following persons were sworn to provide testimony during the hearing: Andy Garman, Bob Evans, Mike Robinson, Michael Strader, Joe Blakaitis and Warren Eadus. Town Attorney Hobbs opened the evidentiary portion of the hearing. He stated that Director Garman would give an overview. Director Garman stated that TFP, LLC was applying for a conditional use permit under Town Code §156.036(C)(6) – Village Commercial Development Option – to develop the property at 109 Scarborough Lane as a rental property management/maintenance office. He stated that the conditional use was allowed in the Village Commercial zoning district in accordance with the standards contained in Town Code §156.036(C)(11). He stated that the Planning Board had reviewed the project at its July meeting as well as their August meeting and between the two meetings; the applicant had made significant changes to the site plan in order to address the Planning Board and Town staff concerns. He stated that the Planning Board recommended approval of the project at their August meeting based on the findings that was in the draft Conditional Use Permit. He added that Town staff had been working with the applicant since the Planning Board meeting to address concerns from the adjacent property owner to the west. He noted that the comments were not received in time to be sufficiently addressed by the Planning Board; however, it was included in Council’s packets. He stated that staff was recommending an additional change to the plan to address the concerns by the adjacent owner. Town Attorney Hobbs asked Council if they had any questions. Councilor Burdick understood that one of the issues was the potential traffic hazards on the exit from the property and the ability to improve the line of sight to minimize the hazard due to a hill in that area. He asked if there were recommendations as to how to improve it. Director Garman stated that the Planning Board recommended trimming vegetation in the right of way to improve the sight distance from the driveway to the hill. Councilor Burdick asked if Town staff had other recommendations that may improve the situation. Director Garman stated that staff had some concerns about it but overall, anything that could be done to move the driveway to the west would improve the sight distance. He thought the only way to do that would be to eliminate a parking space. Councilor Burdick asked if the parking space was needed. Director Garman believed that they had an additional parking space beyond the original requirement. Councilor Burdick clarified that it could be an option to improve the sight distance issue. Director Garman stated that it could. Mayor Kingston asked how much of the slope on the west side of the building would be eliminated if the building was lowered. Director Garman stated that it would vary and added that staff would need more information from the applicant. He noted that there were a lot of variables

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that they had to tweak to make things work. He pointed out that one was the elevation that the stormwater flows into that was set at about 9.32 feet. He stated that it would be easier to adjust the elevations up towards the front of the site. Mayor Kingston clarified that a lot of the drainage issues have come up since the last Planning Board meeting. Director Garman stated he was correct. He added that it was not just the issue of drainage but also the overall elevation of the driveway relative to the adjacent property. He noted that Council had in their packets an alternative proposal from the applicant to install a retaining wall on the property line, thereby eliminating the fill. Mayor Pro Tempore Thibodeau clarified that the issue of sloping the fill close to the adjacent property line meant that the fill could not be brought in closer due to the driveway. She asked why the fill could not begin further in on the property. Director Garman stated that without a retaining wall, they would have to taper it back at a 3:1 slope so they could stabilize it. Mayor Pro Tempore Thibodeau clarified that they would need the tapering to install the driveway. Director Garman stated she was correct. He added that other than putting in the retaining wall, they would have to shift the driveway over. Councilor Britt asked about the proposal to lower the building. Director Garman stated that it would alleviate some of the fill that would be needed. Mayor Pro Tempore Thibodeau asked if the drainage pond would be lost due to the elevation being so high. Director Garman stated that it was something that would dictate how much they could lower the elevations. Mayor Pro Tempore Thibodeau clarified that when the Planning Board looked at the presentation, they thought the stormwater management was sufficient. Director Garman stated that, based on capturing stormwater runoff from the site and containing it on the site, he felt that from the engineering perspective, it worked. He stated that some of the other concerns went beyond capturing the stormwater. Town Attorney Hobbs asked any sworn witnesses if they had questions for Director Garman. Bob Evans of 105 Scarborough Lane was recognized to speak. Mr. Evans stated that his statements came in after the last Planning Board meeting, but earlier in the presentation, Director Garman noted that the comments were considered by the Board. He added that he did come to Director Garman prior to the second Planning Board meeting and wanted to make that clarification. Warren Eadus of Quible and Associates was recognized to speak. Mr. Eadus stated that Mr. Evans was concerned that the Planning Board had not reviewed his comments. He noted that it was something that was reviewed by the Planning Board. Director Garman thought a portion of the concerns were presented, but added that he met with Mr. Evans two days before the second Planning Board meeting on-site and that’s when he received a full sense of the depth of Mr. Evans’ concerns. Town Attorney Hobbs asked Town Engineer Mike Robinson to make a presentation. Town Engineer Robinson gave a short presentation on the application. He noted that this was a difficult site to fill and has been a challenge for everyone. He noted that there were controlling elevations – the elevation of the stormwater basin and the extreme grading at the front of the property along with the required fill. He stated that he had met on-site with Michael Strader and discussed ways to mitigate the stormwater as well as possibilities of lowering the elevation of the building. He stated that he understood the concerns raised by Bob Evans regarding the impacts to his property, but he didn’t feel there would be any.

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Town Attorney Hobbs asked Council if they had questions for Mike Robinson. Councilor Burdick asked what direction the water was directed due to the slope of the property. Town Engineer Robinson stated that it brought it to the rear of the property. He added that the entire project would drain to the rear into the stormwater basin by using curb and gutter which would assist in the stabilization. Councilor Burdick thought the smaller basins were primarily for drainage off the building roof. Town Engineer Robinson stated that it all counted as stormwater. Councilor Burdick asked if there would be a problem with runoff on the street due to the slope running from the front to the rear of the property. Town Engineer Robinson stated that there would not. Mayor Kingston asked Town Engineer Robinson how he felt about Town staff’s recommendation regarding stormwater. Town Engineer Robinson stated that there were a lot of pieces that have to fit onto the site. He stated that the design engineers would have to look at it. Town Attorney Hobbs asked if any sworn witnesses had questions for Town Engineer Mike Robinson. Bob Evans clarified that the Division of Water Quality’s preferred method of stormwater management would be sheet flow. Town Engineer Robinson stated that he could not say it was a preferred method, but was an acceptable method for this project. Bob Evans asked if the Division of Water Quality has a choice between a similar retention pond piped with curb and guttering or sheet flow, what the preferred choice would be. Town Engineer Robinson stated that the Division of Water Quality always preferred low density development; however, this was not a low density development. Director Garman clarified that with regard to lowering the building; dropping it another foot and half would mean that the grades would remain the same. Town Engineer Robinson stated that it was possible. Director Garman asked if there could be some other things that could be done differently with the stormwater basin. Town Engineer Robinson stated that he had not seen the full stormwater calculations and was not sure of the freeboard, but there were options such as porous concrete or another permeable surface that would reduce the amount of water going into the basin. Mayor Pro Tempore Thibodeau understood that lowering the building would help remedy the slope and fill requirement. She asked how it would affect the driveway on the west side of the property. Town Engineer Robinson stated that if the building was lowered, the elevation would be lowered, but the building could not be lower to the point that it could not drain. He added that it could be graded with curb and gutter to keep it flat. Mayor Pro Tempore Thibodeau asked how it would affect the entry into the site. Town Engineer Robinson stated that it would not affect the entry. Director Garman noted that there was not a lot of fill being placed at the entry. Mayor Pro Tempore Thibodeau asked if the worst of the slope infraction was halfway back toward the rear of the property. Town Engineer Robinson stated she was correct. Councilor Burdick understood from the grade chart map that the controlling level was at nine feet for the filtration base. Town Engineer Robinson stated that it was not. Councilor Burdick pointed out that the diagram showed the upper level as nine feet and the bottom was six feet. He added that they had approximately a three foot depth. Town Engineer Robinson stated he was correct. Councilor Burdick asked if the six foot was the minimum height they could go due to the water table. Town Engineer stated he was correct. Councilor Burdick clarified that the front of the building along the entrance appeared to be in the 12 foot range. Town Engineer Robinson stated

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he was correct. Councilor Burdick asked how low the building would be lowered. Director Garman stated that it was suggested that it be lowered a foot and a half from 15 feet to 13.5 feet. Councilor Burdick stated that it appeared around the building that there was an 11 foot elevation. He stated that he was confused about the 13.5 foot elevation. Director Garman stated that that 13.5 foot elevation was the first floor elevation. Councilor Burdick clarified that the applicant needed to calculate what could be done regarding stormwater runoff, before the Town could say that the building needed to be lowered. Town Engineer Robinson stated he was correct. Bob Evans asked what the finished floor elevation was for the building. Town Engineer Robinson stated that it was 15 feet. Bob Evans asked if it was true that the average of the driveway elevation was 9-11 feet. Town Engineer Robinson stated that it was 11.5 feet in front and 9.5 feet in the rear. Bob Evans clarified that the building floor was five feet above the parking lot. Town Engineer Robinson stated he was correct. Warren Eadus of Quible & Associates was recognized to speak. Mr. Eadus gave a short presentation on the project to Council and the audience. He noted that they were only asking for 36 inches of fill above the average on the corners of the site. He added that one corner of the building was depressed and they were sinking it down as far as they could on the east side. He felt that the plan was right but added that the slope on the driveway could be changed to gain a few inches, even though it would have no effect. He pointed out that the Planning Board had approved their plan and he made changes to the plan according to Town staff’s concerns. He stated that he would like to get the plan approved, adding that they would be willing to work with Town staff if they wanted the building lowered. Mayor Pro Tempore Thibodeau appreciated the information and the willingness of the applicant to work through the process with the understanding that there were issues still remaining. Warren Eadus stated that they were willing to work through the process but wanted to be finished with it. Mayor Kingston clarified that Warren Eadus was not willing to compromise on lowering the building. Warren Eadus stated that have not gotten there yet and were not at a place where it was something they wanted to do. Mayor Pro Tempore Thibodeau asked if the building height was important to the loading dock. Warren Eadus stated that it was. Councilor Burdick pointed out that the loading dock area appeared to be approximately a foot and half above the main drain. He noted that it allowed some leeway to move it. Warren Eadus stated that they could look at it. Town Attorney Hobbs asked if any sworn witnesses had questions for Warren Eadus. The following person was sworn to provide testimony during the hearing: Michael Miller. Michael Miller of 109 Beachcomber Court was recognized to speak. Mr. Miller asked if the transitional screening had been addressed in the plan. Warren Eadus stated that it had. Michael Strader of Quible and Associates was recognized to speak. Mr. Strader went on to give a presentation to Council and the audience regarding discussions he had with Director Garman and Town Engineer Robinson. He stated that they felt this was the best proposed plan and solution although they were willing to compromise. He stated that lowering of the building was not a direct translation to the adjacent grades as they were lowering about the same amount. He noted that the high water table was a major site constraint and they had measured it to be 3.9 feet. He stated that the Town had made it very clear throughout the process regarding the preservation of

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the existing surrounding vegetation as well as the existing grade. He noted that the main reason for the proposed finished floor elevation of 15 feet was that it matched the westernmost building pitch. Councilor Burdick clarified that Michael Strader had indicated that he was willing to work to see what the possibilities were to drop the building by a certain amount. Michael Strader stated that he did not say they would entertain dropping the finished floor elevation due to the contour on the western face of the building. He added that he would not recommend doing so. He stated that they were willing to work on other aspects around the site that would decrease the elevation. Councilor Burdick stated that if Council asked if the first floor could be lowered from 15 feet to another number, the idea behind it was that it would decrease the elevations around the building. He clarified that Michael Strader could do some of it without touching the building. Michael Strader stated he was correct. Councilor Burdick asked what the end objective was. Mayor Pro Tempore Thibodeau thought it was to have a better transition. Director Garman asked if by not touching the first floor elevation, the reduction in side grades would be negligible. Michael Strader stated that it would not be negligible. Director Garman clarified that by reducing the cross slope of 1% from the end of the handicap spaces to the curb line; it would result in a driveway elevation of two inches or half a foot. He asked if they would be able to increase the drop in elevation more if the building was lower. Michael Strader stated that they would but wasn’t sure if decreasing the finished floor by a foot would achieve it. Director Garman asked if decreasing the elevation of the building to 13.5 feet would create a positive drainage situation. Michael Strader stated that if they could, it may result in a proliferation of additional structures along with curb and gutter to capture the stormwater. Town Attorney Hobbs asked if any sworn witnesses had questions for Michael Strader. Michael Miller asked what the elevation of the top of the building was. Michael Strader stated that it looked to be 30 feet. Mr. Miller asked what the peak grades were. Mr. Strader stated that they were 15 feet at the property point. Mr. Miller noted that the building was quite high and wondered if it would be obvious to the adjacent properties and how screening would help. Mr. Strader stated that they were required to provide a 20 foot buffer using vegetation and trees. Town Attorney Hobbs asked if any sworn witnesses had a presentation to make. Bob Evans was recognized to speak. Mr. Evans went on to give a short presentation on the project to Council and the audience and how he felt it would not work on the site as proposed. He felt that Quible and Associates have not taken the adjacent property owners or any alternatives for the property into consideration. He noted that the applicant only addressed minor issues that the Planning Board had raised, such as the 15 foot finished floor elevation, filling in an X zone and the location of the loading dock. He felt the plan was a very poor one and that the applicant should start over by lowering the building 3.5 feet and moving it back 20 feet to accommodate the loading zone. He felt that Council should send the project back to the Planning Board. Mayor Pro Tempore Thibodeau stated that Mr. Evans had given Council a tremendous amount of thought and information on the project. She added that she wasn’t sure if it was practical to have the applicants start over on the project. Bob Evans thought it was obvious that they should start over. He went on to suggest that the trash dumpsters have some type of flag system to allow Waste Management to know when the dumpsters needed to be emptied in order to minimize the noise from emptying dumpsters that weren’t full.

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Mayor Kingston asked what Bob Evans’ one priority objective was. Bob Evans stated that if they lowered the building 3.5 feet and moved the building back 20 feet and take into consideration the design parameters, the applicant could drop the building in order to utilize the existing pavement and keep the stormwater on their property. Warren Eadus stated that were several principals that could not be permitted as Bob Evans had indicated in his presentation. He stated that he respected Mr. Evans’ time and thought but from a professional standpoint, he disagreed with his markups completely as he didn’t feel they were feasible. Councilor Burdick asked what the one or two key elements were to make the project unworkable. Warren Eadus stated that they could not have the type of stormwater system Bob Evans suggested; the swale was contradictory; the turning radius; the survey grades; and by sliding the building back, Mr. Evans did not take into account any of the setbacks or stormwater. He stated that he was insulted by the way Bob Evans treated his firm. Mayor Pro Tempore Thibodeau asked Warren Eadus if he was concerned about the grade with regard to a truck exiting the property. Warren Eadus stated that he was comfortable with it. Councilor Burdick thought it would be hard for vehicles to see oncoming traffic when they exit the driveway. Warren Eadus assured him that exiting traffic would be able to see oncoming traffic. There being no one else wishing to speak, Town Attorney Hobbs closed the evidentiary portion of the hearing and turned the hearing back over to Mayor Kingston. Mayor Kingston called for a five minute recess. The time was 9:14 p.m. Mayor Kingston reconvened the meeting. Councilor Burdick wondered if a few of the issues could be defined. He stated that the Planning Board had recommended approval as well as Town staff’s recommendation; comments from a few people, but it seemed that the issues at hand were if the overall site plan could be improved from the standpoint of building height and water runoff to the adjacent property. He wondered if there was anything that could be done to improve the traffic hazard from the driveway on the site. He wondered if Council could agree that these issues were ones that needed to be addressed and how they could be addressed. Mayor Pro Tempore Thibodeau thought the grading on the property was an issue. She didn’t know if the outflow of traffic from the east driveway could change very much due to the slope of the road. She thought there could be an adjustment to the driveway itself instead of eliminating a parking space. Councilor Burdick agreed and thought the better improvement would be to move the driveway so that it would eliminate a parking space, but would enter the street further down for increased visibility. Councilor Britt thought there wasn’t much that could be done with the east driveway other than having only one driveway, which would require a total redesign of the site. He thought the issue with allowing the fill and the slope of the adjacent property was something the Council had to be fine with, but wasn’t sure if he could approve it. He thought staff was clear in wanting the building lowered and felt it was an important part of going through the process. He stated that he was uncomfortable with allowing the slope.

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Mayor Kingston agreed with Councilor Britt’s comments. He added that Council had a plan in front of them that was approved by the Planning Board as well as a staff recommendation for lowering the building, which was not mentioned by the Planning Board and then another alternative from the engineers for building a bulkhead on the west side. He stated that it was making the situation very confusing from the standpoint of land disturbance and stormwater runoff. He thought that there was a lot of new information introduced at this meeting. Mayor Pro Tempore Thibodeau stated that the only concern she had regarding sending the project back to the Planning Board was that the timing and consideration of the issue and where it would leave the applicant. She understood it went before the Planning Board twice and thought they would need some direction from Council if it was sent back to them. She thought a lot of the issues were decisions that would be over and above. She didn’t know if the Planning Board could decide on either a bulkhead or a different grade. She stated that the issue of lowering the building may or may not result in the grade change that was brought up. She stated that she wasn’t sure what the Planning Board would do differently from Council. Mayor Kingston thought the question was whether Council could support what the Planning Board had recommended and if not, why. He wondered how Council would resolve it – send it back to Town staff or to the Planning Board. Councilor Burdick thought staff’s recommendation was different than the Planning Board’s. He thought Council had to deal with the issue of not just accepting the Planning Board’s recommendation, but if Council accept either staff’s or the Planning Board’s. He wondered if Council wanted the Planning Board to go back and see if they can put the two recommendations together and work with the applicant to come up with a final plan that everyone could agree on. He pointed out that Council had two different plans in front of them, plus the comments received that the Planning Board did not hear at their meetings. He stated that he was uncomfortable with dragging the project out. Mayor Kingston noted that Council would not be able to resolve the issues that were out there or received, so there would be a delay. Councilor Burdick agreed. Mayor Kingston thought Council should table the issue and remand it back to the Planning Board, outline what Council wanted the Planning Board to do and have it brought back to Council at their October 2, 2013 meeting. Councilor Britt agreed with Mayor Kingston’s suggestion. He felt that Council could not solve the issues at this meeting and that it needed to go back to the Planning Board with some direction from Council. Councilor Burdick agreed. Mayor Kingston moved to table CUP 13-002 and remand it back to the Planning Board with an outline from Council of the areas that need to be addressed with the intent of it coming back at the October 2, 2013 meeting. Mayor Pro Tempore Thibodeau clarified that the Planning Board would meet on September 25, 2013. Councilor Burdick stated that they would be meeting on September 11, 2013 and then could meet again on September 25, 2013. Mayor Pro Tempore Thibodeau asked if another public hearing would need to be held. Town Attorney Hobbs recommended that another public hearing be held. Town Manager Layton thought it was unreasonable to expect the applicant to make changes in one week. He thought Director Garman wanted to have it at the September 25, 2013 meeting to

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give the applicant enough time to discuss it. Town Attorney Hobbs recommended tabling the issue to the October 2, 2013 meeting. Mayor Kingston thought it allowed staff deal with the applicant so Council did not have to rush to a decision at this meeting. Councilor Burdick agreed. Mayor Pro Tempore Thibodeau stated that she was concerned that if Council chose areas that needed to be looked at, it would be the limit of what the Planning Board would be looking at. Councilor Burdick stated that Mayor Kingston proposed that Council define the areas that the Planning Board should look at. He thought before Council voted on the motion, the areas should be defined. Councilor Britt thought the first area would be looking at the full effect of lowering the building. Mayor Pro Tempore Thibodeau asked how detailed the full effect should be. She wondered if it meant recalculating the entire site. Councilor Britt thought that staff’s recommendation would back it up. Councilor Burdick suggested that the Planning Board look at the safety problem at the exit to see if it could be diminished to have a better sight distance and reduce the potential traffic hazard. Mayor Kingston suggested that the Board look at the land disturbance with respect to fill and whether the fill was necessary or if some of it could be eliminated. Councilor Britt thought the three items were the ones that Council would have the biggest questions about. Councilor Burdick stated that he didn’t envision asking the Planning Board to redesign the site, but thought the height and disturbance was important to Council. Mayor Pro Tempore Thibodeau stated that she was disappointed that during the process, the issues were not vetted sooner since it was costing the applicant a lot of time and money. She wasn’t sure if Council would see a huge difference. Mayor Kingston wondered what alternative Council was most comfortable with. He didn’t think Council was in a position to make the decision and needed staff and Planning Board input to come back with a clear recommendation. Councilor Burdick stated that Council had a Planning Board recommendation, but there was enough difference with the staff recommendation that he didn’t like the idea of picking based upon either/or. He didn’t want to make a decision on something that he wasn’t comfortable with. Motion carried 3-1 with Mayor Pro Tempore Thibodeau dissenting. Councilor Caviness returned to the meeting. OLD BUSINESS/ITEMS DEFERRED FROM PREVIOUS MEETINGS Discussion/Consideration of a Financial Advisory Agreement between the Town of Duck and DEC Associates, Inc., for Services Related to the Financing of the Town’s Share of the Costs for the Beach Nourishment Project Town Manager Layton stated that as part of the overall beach nourishment project, the Town would need to develop a firm plan for the financing of the estimated $3.75 million match for the estimated $15 million project. He stated that the Town was working with Dare County to utilize occupancy tax proceeds for the bulk of the project, but noted that the Town must fund the remaining portion. He anticipated that a minimum of two Municipal Service Districts would be

12

established in the project area to generate the debt service on the loan, likely using Special Revenue Bonds. He stated that DEC Associates, Inc. would be assisting the Town by developing a plan for financing the Town’s share of the cost of the project, including assisting the Town with achieving LGC approval for the debt. He stated that the anticipated cost of the agreement would be $30,000, which would be appropriated through a budget amendment transferring funds from the Town’s contingency in October if the project was approved. Town Manager Layton stated that he and Mayor Kingston had a chance to meet with Doug and Andrew Carter of DEC Associates, Inc., who have worked on some of the preliminary models that have been developed for discussion for the use of the Dare County occupancy tax funds. He stated that they wanted to separate the issue and hoped to hold a mid-month Council meeting in order to present the models. He stated that the idea was to come back with a recommendation on approving a model that was developed based on several assumptions. He asked for permission to enter into the contract with DEC Associates, Inc. Mayor Kingston thought Doug and Andrew Carter were very impressive people that knew their business and were working with Dare County as well as the Towns of Kill Devil Hills and Kitty Hawk. He thought this was what the Town needed. Councilor Burdick stated that some of the project was being combined with the Town of Kill Devil Hills where the two towns were sharing one contract as opposed to having individual contracts. He thought the costs would be identical. Town Manager Layton stated that the reason it was being proposed the way it was, was because the two towns would share in the bidding but as far as specific services – setting up Municipal Service Districts and working with the LGC – that was specific to Duck alone. He added that the towns would not be able to go to the LGC as one entity, but as separate entities due to the nature of the financing. Mayor Kingston added that they would have to do an analysis of the Town’s books in order to set up the districts. Mayor Pro Tempore Thibodeau asked if the contract took the Town through the entire process. Town Manager Layton stated that it did. Councilor Burdick stated that he was concerned about the out of pocket expenses. He felt it would be opening a Pandora’s Box. He added that the cost was $30,000 - $45,000, depending on which way the Town goes for the financing, plus out of pocket expenses. Town Manager Layton stated that it was essentially to pay for travel. He added that staff would try to coordinate things to save money. Mayor Pro Tempore Thibodeau clarified that the Town was looking at spending $45,000. Mayor Kingston stated it would be $30,000. Mayor Pro Tempore Thibodeau pointed out that it was noted that the cost was $45,000 if the financing was publically offered. Town Manager Layton stated that he was anticipating it to be privately offered with PNC Bank as the big player. Mayor Pro Tempore Thibodeau moved to authorize the Town Manager to execute the Financial Services Agreement with DEC Associates, Inc. Councilor Burdick suggested that the motion specify that the cost would be $30,000. Mayor Pro Tempore Thibodeau amended her motion to specify the private placement figure of $30,000. Motion carried 5-0.

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NEW BUSINESS Discussion/Consideration of a Request to Authorize the Planning Board to Review and Recommend Changes to the Town of Duck Zoning Ordinance Related to Board of Adjustment Procedures to be Consistent with House Bill 276 Director Garman stated that during the 2013 General Assembly Session, the North Carolina Legislature passed House Bill 276 – An Act to Clarify and Modernize Statutes Regarding Zoning Boards of Adjustment. He stated that the legislation would require amendments to the Town’s Board of Adjustment procedures including the issuance of variances, appeals, and conditional use permits. He explained that the changes were generally housekeeping in nature; however, there were some substantive changes to the existing voting requirements for granting certain permits as well as the findings of fact that must be made to grant the variances. He recommended that Council refer the item to the Planning Board for review and recommendation for implementation. Mayor Pro Tempore Thibodeau moved to authorize the Planning Board to review and recommend changes to the Town of Duck Ordinance related to Board of Adjustment procedures to be consistent with House Bill 276. Motion carried 5-0. ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN ATTORNEY Town Attorney Hobbs stated that he had nothing to report. ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN MANAGER Update on Departmental Activities Fire Chief Donna Black was recognized to speak. Fire Chief Black gave a brief overview of the past month’s fire activities to Council and the audience. Police Chief Phillip Ferguson was recognized to speak. Police Chief Ferguson gave a brief overview of the past month’s activities to Council and the audience. Director Garman gave a brief overview of the past month’s permit activities to Council and the audience. Public Information Officer Denise Walsh was recognized to speak. Public Information Officer Walsh gave a brief overview of the past month’s activities to Council and the audience. Update on Soundside Boardwalk Project Town Manager Layton stated that staff had been working on finalizing plans for the Duck soundside boardwalk as authorized by the adoption of the FY 2014 budget. He noted that this was the final phase of the project and would encompass the area from the Aqua Restaurant to the Super Wings store. He stated that staff was working with the property owners at 1178 Duck Road to amend its existing easement with the Town to include a 230 foot boat pier with six boat slips. He stated that the approval was expected to occur imminently. He explained that once the easement change was recorded, staff would submit a CAMA Major Permit Amendment

14

application for the project and would also begin to prepare a bid package for the construction of the project, including the boat pier as an alternate. He stated that it was unclear if the current funding of $275,000 would be sufficient to complete the project with the boat pier. He expected that staff would recommend to Council the awarding of the contract for construction no later than January 1, 2014, with construction to commence as soon as possible after the award and a completion date of late spring/early summer 2014. NC League of Municipalities Annual Conference Town Manager Layton stated that the NC League of Municipalities Conference was scheduled to be held October 13-15, 2013 in Hickory. He stated that if any Council member wished to attend, to let him know. He added that the dates of the conference conflicted with the Town’s Jazz Festival. Financial Statements for the Month of August for FY 2014 Town Manager Layton reviewed the financial statements with Council and the audience. MAYOR’S AGENDA Mayor Kingston stated that he had a mayor’s meeting on September 17, 2013. He stated that he and Town Manager Layton attended the mayor/manager’s meeting earlier in the day, which was very positive in that Dare County has stepped up with their leadership role at this meeting focusing on whether or not the Town of Kitty Hawk was interested in the beach nourishment project. He stated that he and Town Manager Layton would be attending a planning workshop at CSI. He noted that he would be on vacation beginning September 20, 2013 and reminded Council that the candidate forum through the League of Women Voters will be held on Monday, October 7, 2013. COUNCIL MEMBERS’ AGENDA Mayor Pro Tempore Thibodeau complimented staff on the recent newsletter that was mailed out. She gave a short update on the Visitor’s Bureau meeting. She noted that the Seafood Festival would be held on October 19, 2013. Councilor Burdick stated that he would be out of the country beginning September 5, 2013. Councilor Caviness stated that the Turkey Trot registration had filled up in 75 minutes, which was a new record. Councilor Britt stated he had nothing to report. OTHER BUSINESS Mayor Kingston stated that the next meeting would be the mid-month meeting on Wednesday, September 18, 2013 at 1:00 p.m. ADJOURNMENT Councilor Britt moved to adjourn the meeting.

15

Motion carried 5-0. The time was 10:28 p.m. ____________________________ Lori A. Kopec, Town Clerk Approved: ______________________ _______________________________ Don Kingston, Mayor

1

TOWN OF DUCK TOWN COUNCIL

REGULAR MID-MONTH MEETING September 18, 2013

The Town Council for the Town of Duck convened at the Duck Meeting Hall at 1:00 p.m. on Wednesday, September 18, 2013. 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 Andy Garman; Police Chief Phillip Ferguson; Fire Chief Donna Black; Town Attorney Robert Hobbs; Public Information Officer Denise Walsh; and Town Clerk Lori Kopec. OTHERS ABSENT: None. Mayor Kingston called the meeting to order at 1:12 p.m. DISCUSSION/CONSIDERATION OF MODELS OF FUNDING FOR DARE COUNTY BEACH NOURISHMENT PROJECTS Town Manager Layton stated that over the past several months, Dare County has been working with DEC Associates, Inc. to develop models to provide options for the distribution of the Dare County Beach Nourishment Occupancy Tax funds for the Towns of Duck, Kill Devil Hills and Kitty Hawk beach nourishment projects. He stated that several iterations of models were developed for the equitable distribution of the fund with each model requiring a level of matching funds from the Towns. He explained that the matching funds would be paid in the form of debt, most likely Special Obligation Bonds. Town Manager Layton stated that three models were presented to the managers and mayors of the three towns at a meeting that was held on September 4, 2013 with one model based on each town receiving a pro-rata share of occupancy tax funds. He added that the second model set the amount of ad valorem tax equivalent revenue ($7.82) that would need to be paid by each town annually during the debt period of five years. He stated that the last model required each town to match Dare County funds based on an equal percentage (29%) increase in ad valorem equivalent revenue. He stated that after examining the models, it was consensus of the group to recommend the second model, known as Version 2b, for the distribution of the Dare County beach nourishment funds. He went on to give a presentation on the three models to Council and the audience. Mayor Kingston thought it was very positive from the standpoint of Dare County coming forth with leadership on the issue so everyone could work together. He stated that the Town of Kitty Hawk has been asked to commit by the end of October with respect to whether they wished to move forward or not. He added that in conversations he had with the Mayor and Mayor Pro Tempore of the Town of Kitty Hawk, he had a good feeling that they will move ahead. He noted that they would be holding a public hearing on October 1, 2013 and a Council meeting the following week and thought they would have a positive vote on the subject. He thought another

2

good thing was that public access was no longer a discussion topic. He thought all three towns were in sync and it looked like all three Councils were in favor of the plan. Mayor Pro Tempore Thibodeau noted that Dare County was committed to spending $22 million now and at the end of five years, they will want $22 million in the fund balance. She added that the Town was looking at generating approximately $6 million per year into the account from the 2% occupancy tax that would be effective as of January 1, 2014. She clarified that Dare County was assuming that the first $22 million that they will need would not be there within the five year period and that was why they would need to borrow it. She further clarified that the second $22 million would be there at that time. Town Manager Layton stated she was correct. Councilor Burdick clarified that Dare County has excluded completely the Salvo area as far as this commitment. Town Manager Layton stated he was correct. Councilor Burdick asked if Dare County was putting funds aside for the Salvo area separately. Town Manager Layton stated that they were accounted for projects independent of these funds. Councilor Burdick clarified that the occupancy tax collected would be split for those projects. Town Manager Layton stated he was correct. Mayor Kingston clarified that the $7.82 cents for Version 2b was based upon the Town of Nags Head model. Town Manager Layton stated that it was. Councilor Burdick asked why in Version 2b, the Town of Kitty Hawk’s annual amount was double from the other towns compared to Version 2a and 2c, while the amount of money they would be borrowing was less than what Duck would be borrowing. Mayor Pro Tempore Thibodeau asked if it was tied to the project costs. Councilor Burdick pointed out that Kitty Hawk’s project cost was $16.5 million while Duck’s was $14.5 million. Town Manager Layton stated that it was based on how the models were set up. Mayor Pro Tempore Thibodeau noted that other outlying areas that did not have municipalities that were contributing more than 30% of the occupancy tax. Councilor Burdick stated that they were talking about distributing $22 million to start with to the three towns and then would end up with $22 million in the fund balance at the end of five years. He added that they were different $22 million as the fund balance the County ends up with would cover the four towns plus the southern part of the Outer Banks. Mayor Pro Tempore Thibodeau agreed. Councilor Burdick stated that there would be a difference. Town Manager Layton understood that Dare County was likely to have whatever project completed in Hatteras that was not associated with an NCDOT project debted out. Councilor Burdick thought it was strange that the amount of money the Town of Kitty Hawk would be receiving compared to the Towns of Duck and Kill Devil Hills. Town Manager Layton thought it was by design since there was a feeling that Kill Devil Hills and Duck had tax bases that were such that they could pay more than Kitty Hawk would with their tax base. He thought what was important was that there was a level of significant contribution from the Town of Kitty Hawk for the project. Mayor Kingston thought the project was geared to give Kitty Hawk more support as they have the largest problem with regard to beach nourishment. He added that their taxes would not generate the kind of dollars that Duck and Kill Devil Hills would. Councilor Burdick thought it was good that Council got the explanation for what was behind the thinking process. Mayor Kingston noted that the difference to Duck was pretty minimal with the real impact on the Town of Kill Devil Hills.

3

Mayor Pro Tempore Thibodeau clarified that the County was contributing on a scale as the County’s contributions decrease each year while each town stays flat in Version 2a. She further clarified that Duck would be looking at a flat percentage tax rate as opposed to a sliding scale. Town Manager Layton stated that Version 2b would be easier for Duck as far as being able to receive LGC approval and working with Municipal Service Districts since it did not decrease each year. Mayor Kingston stated that Doug Carter would be a great help because in future years while looking at tax rates since there will be opportunities. He noted that since the Town already increased taxes, money was being put in the bank as Duck moves forward with beach nourishment. He added that it would impact occupancy tax, but the Town was a year ahead. He stated that the Town would be reducing the debt on its property, which presents more opportunities moving forward. Town Manager Layton noted that no additional Town-wide tax increases were anticipated except for the Municipal Service Districts. Town Manager Layton reviewed the Municipal Service Districts with Council and the audience. Mayor Pro Tempore Thibodeau clarified that there was a limit to the number of Municipal Service Districts a town could have. Town Manager Layton wasn’t sure but didn’t believe there was a limit as they were tied to the project. He stated that it was based on whether a Municipal Service District was authorized for a particular purpose than the number of districts. Councilor Burdick clarified that their lifespan was only for the life of the project. Town Manager Layton stated he was correct. Councilor Burdick thought the Town of Sandbridge, Virginia had set up a rotating fund that regenerated itself in order to maintain the beaches. Town Manager Layton thought Council needed to be realistic in that once the sand was put on the beach and the Town was committed to the project, it would be unlikely that for the life of the project there would be an additional tax in place in the project area. He added that if the occupancy tax generated enough for maintenance, it could change things. He thought that if the question arose, the public should be told that as long as the Town was maintaining the beach, there was likely to be an additional tax in place. Councilor Caviness asked if there were any criteria that Council could read to the make the best possible decision for Municipal Service Districts. Town Manager Layton stated that there were some general papers the School of Government put out that he would send to Council. He noted that sidewalks were most frequently used for Municipal Service Districts. Councilor Burdick explained that if one took the $15 million against 200 oceanfront properties, it showed that the value of the resale of those properties would be $75,000 each. He added that it was way below what the value would really be in the context of the oceanfront properties in that area. Mayor Pro Tempore Thibodeau thought the wide beach would change the perspective of buyers in those areas. Councilor Burdick thought it would affect the renters as well. He added that it would impact a lot of other properties and not just the oceanfront ones with respect to rental values. He thought if it was looked at on a per-property basis, the cost of the project should be many times more, benefit-wise, than the actual cost for individual property owners. He thought it behooved Council to look at the benefits for the Town and not just for the direct oceanfront owners. Councilor Caviness asked if this issue would still be in the discussion phase at the time of the Council Retreat. Town Manager Layton thought if there wasn’t a firm decision made, at least the framework would be in focus at that point. He noted that the complicated part of the project would be working with the LGC and the bidding for it. He thought the Retreat would be a good

4

time for Council to work out the details. Mayor Pro Tempore Thibodeau thought it started the process of public information as the Town would be educating the public on the project. Town Manager Layton handed out the draft interlocal agreement to Council for their review. He noted that Council did not need to approve it at this time and that he planned to bring it back before Council at their October meeting for their approval. Mayor Kingston clarified that Dare County wanted this wrapped up by the end of October. Town Manager Layton stated he was correct. ADJOURNMENT Councilor Britt moved to adjourn the meeting. Motion carried 5-0. The time was 2:37 p.m. ____________________________ Lori A. Kopec, Town Clerk Approved: ______________________ _______________________________ Don Kingston, Mayor

Town of Duck, North CarolinaFY 2014

Budget Amendment/Transfer Form

Supplement Transfer X

Department: C.O. Environmental Protection Date: 10/2/2013

Budget Amendment

Revenues Fund Dept. Code Acct. Code Obj. Code Requested Amount

TOTAL:

Expenditures Fund Dept. Code Acct. Code Obj. Code Requested Amount

TOTAL:

Reason for Amendment:

Budget Transfer

Transfer From Fund Dept. Code Acct. Code Obj. Code Requested AmountContingency 100 9900 9910 - $30,000

TOTAL:

Transfer To Fund Dept. Code Acct. Code Obj. Code Requested AmountC.O. Environmetal Protection 100 8110 8140 - $30,000

TOTAL: $6,200

Reason for Transfer: This budget amendment transfers $30,000 from the Contingency toC.O. Environmental Protection to cover costs associated with the contract with DEC Associatesrelated to financing for the beach nourishment project

Approved: Denied:

Date:


ITEM #4: Public Hearings

A. Public Hearing/Discussion/Consideration of CUP 13-002, a Conditional Use Permit by Michael W. Strader, Jr., P.E. of Quible & Associates, P.C., on behalf of TFP, LLC, Property Owner, for a New Property Maintenance Facility to be Located at 109 Scarborough Lane

RECOMMENDED ACTION:

See attachments

SUMMARY OF INFORMATION:

See attachments

ATTACHMENTS:

See attachments


ITEM #4A: Public Hearings

B. Public Hearing/Discussion/Consideration of CUP-13-002, a Conditional Use Permit by Michael W. Strader, Jr., P.E. of Quible & Associates, P.C., on behalf of TFP, LLC, property owner, for a new property maintenance facility to be located at 109 Scarborough Lane.

RECOMMENDED ACTION:

Conduct the Public Hearing; Per Council Discussion

SUMMARY OF INFORMATION: Last month, the Town Council conducted a public hearing on TFP, LLC (Twiddy & Company) for a conditional use permit under Town Code Section 156.036(C)(6) - Village Commercial Development Option to develop the property at 109 Scarborough Lane as a rental property management/maintenance office. This is a conditional use allowed in the Village Commercial zoning district in accordance with the standards contained in Town Code Section 156.036 (C)(11). At the conclusion of the public hearing, the Council referred the item back to the Planning Board for additional review and recommendation. At its September 25, 2013 meeting, the Planning Board voted 5-0 to recommend approval of a revised plan which addressed the concerns outlined by the Town Council from the Public Hearing. This recommendation was based on statements during the meeting by the applicant and the Town Engineer that the stormwater facilities on the site were adequate to protect flooding to adjacent properties, that the amount of fill had been sufficiently reduced on the site to address concerns over height of the development and placement of fill within close proximity to the property line, and that appropriate modifications were made to the eastern driveway to improve site distance and safety for vehicles exiting the site. Staff has also provided a recommendation of approval for the project.

ATTACHMENTS:

Letter of Transmittal from the Planning Board Chairman Staff Memo Resubmittal Letter from the Applicant Dated September 16, 2013 Revised Site Plan, Lighting Plan, Grading and Drainage Plan, Landscaping Plan Site Distance Analysis Draft Conditional Use Permit Document Project Comments

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Return to: Town of Duck Document Prepared by: Town of Duck P.O. Box 8369 P.O. Box 8369 Duck, NC 27949 Duck, NC 27949

NORTH CAROLINA TOWN OF DUCK RE: Application of TFP, LLC to approve a conditional use permit under the Village Commercial Development Option for construction of a Rental Property Management/Maintenance Office at 109 Scarborough Lane in the Town of Duck, North Carolina

Conditional Use Permit 13-02 Conditional Use Permit subject to the Village Commercial Development Option with approval, subject to conditions herein, of a conceptual site plan to construct a 5,000 square foot Rental Property Management/ Maintenance Office

On ________________, the TOWN COUNCIL OF DUCK, NORTH CAROLINA conducted a public hearing and considered an application for a Conditional Use Permit to permit a Rental Property Management/Maintenance Office at 109 Scarborough Lane, subject to a conceptual site plan with exhibits and architectural renderings as submitted, and FINDS AS FOLLOWS: 1. That the written application of Petitioners with attachments as originally submitted June 20, 2013 and as revised through ______________, HAS been duly submitted to the Town of Duck Planning Board and Town Council as required by Town Code Section 156.036 (C)(6), 156.145, and 156.129 (hereinafter referred to as “Code”) and that advertising and notification have been accomplished consistent with zoning ordinance section 156.145; 2. That the application COMPLIES with the use requirements of the Code in that it requests uses permitted by Conditional Use Permit in the Village Commercial zoning district; 3. That the Petitioner owns the property at 109 Scarborough Lane [PIN 985916932218], located in the Village Commercial zoning district of Duck;

4. That the application as submitted proposes modifications to zoning code requirements for site design and commercial development standards, that may be approved by conditional use permit pursuant to Town Code Section 156.036 (C)(6), the Village Commercial Development option, with Town Council review to determine appropriate scale, heights, setbacks, parking, required public improvements, and architectural character of the project within the Village Commercial District; 5. That the Town of Duck Planning Board recommended approval of the Conditional Use Permit with conditions as described in the draft meeting minutes of the Planning Board meeting of August 14, 2013 and as described in a transmittal letter to the Town Council dated __________________. 6. That the Town of Duck is empowered under sections of the Code set out above to grant conditional uses such as allowed herein and has received testimony at public hearing and considered the application and received input as shall be reflected in the approved meeting minutes; 7. That the proposed conditional use, with submission of conceptual site plan and narrative and attached exhibits thereto, subject to revisions, modifications and conditions described below, IS deemed to be reasonable, IS NOT in derogation of the intent of this ordinance, and SATISFIES the purpose of the Village Commercial Development Option articulated in Town Code Section 156.036 (C)(6)(a); 8. That the application IS consistent with the Town’s adopted CAMA Core Land Use Plan as required by Town Code Section 156.036 (C)(6) in that it proposes uses consistent with the Town’s goals and objectives for quality commercial development in the village core.

NOW, THEREFORE, under the provisions of the Code, the requested conditional use permit, 13-002_, is APPROVED WITH MODIFICATIONS AND CONDITIONS to TFP, LLC, subject to such conditions as are hereinafter set out: CONDITIONS:

1. That the applicant obtain all required county, state and federal permits and encroachment agreements as may be required prior to the issuance of a building permit.

2. That the applicant submit the final site plan and site plan review fees as provided for in the Town’s

adopted fee schedule concurrent with final engineer-stamped site plan drawings, as may be revised through the approval and condition process, with all required information including tabulations, water and utility connections, and landscaping, that appropriately reference the CUP(s) approved with conditions, prior to issuance of building permits therefore, and develop the property in substantial conformance with the submitted conceptual site plan last revised on August 20, 2013, as may be modified herein and all landscape plans, signage drawings, and architectural renderings as approved by the Town Council.

3. That the building be constructed in substantial conformance with the architectural features as

shown in architectural renderings submitted with the conditional use permit application as prepared by CPAA, Inc. last revised on June 26, 2013.

4. That mechanical equipment be located out of public view from adjacent rights-of-way and be adequately screened using siding and trim materials to match the proposed building.

5. That the retaining wall on the east side of the drive aisle and parking area be installed using the helical anchoring system as described in the applicant’s narrative dated July 31, 2013 to preserve the vegetation on the east side of the wall.

6. That the Rental Property Management/Maintenance Office be operated in accordance with the conditions applicable to such uses as prescribed in Town Code Section 156.036 (C)(11).

7. That the applicant shall hold a pre-construction meeting with Town staff for the purpose of reviewing the vegetation preservation area and identifying any potential trees to be preserved which are not already designated to be saved on the landscape plan.

8. This conditional use permit shall expire in 18 months from the date of approval, as provided by

Town Code Section 156.036 (C)(6), unless construction has commenced with appropriate site plan and building permit approvals.

THIS _______ date of _____________, 2013 SEAL: ATTEST: TOWN OF DUCK By: ___________________________ By: ___________________________ Lori A. Kopec Don Kingston Town Clerk Mayor THIS PERMIT AND THE CONDITIONS ARE ACCEPTED: BY: ___________________________

I, ______________________, a Notary Public of ________ County and State of ______________, certify that _____________________________________________ personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this _____ day of _________________, 20__.

My Commission Expires: __________ ______________________________Notary Public STATE OF __________________

COUNTY OF ____________________


ITEM #5: Old Business/Items Deferred from Previous Meetings

A. Discussion/Consideration of Authorizing the Mayor to Execute an Interlocal Agreement for Beach Nourishment Funding between Dare County and the Town of Duck

RECOMMENDED ACTION:

See Attachments


See Attachments

ATTACHMENTS:

See Attachments


ITEM #5A: Old Business/Items Deferred from Previous Meetings

A. Discussion/Consideration of Authorizing the Mayor to Execute an Interlocal Agreement for Beach Nourishment Funding between Dare County and the Town of Duck

RECOMMENDED ACTION:

Authorize the Mayor to sign the Interlocal Agreement

SUMMARY OF INFORMATION: At the Council’s September Mid Month Meeting, the Town Manager provided an overview on options associated with the funding of the beach nourishment project utilizing Dare County Beach Nourishment Funds derived from the occupancy tax. The attached Interlocal Agreement would obligate the Town to move forward with the beach nourishment project by securing permits, issuing special obligation bonds for its share of the project cost, and entering into a construction contract. In return, the County would be obligated to provide the Town with $7.7 million for the project (in addition to the $250,000 already committed) plus additional funding to be used to assist with debt service payments. This Interlocal Agreement is necessary for the Town to receive approval from the Local Government Commission for the issuance of the special obligation bonds.

ATTACHMENTS:

Interlocal Agreement Options Summary Preferred Option


ITEM #6: New Business

A. Discussion/Consideration of Resolution #13-16, a Resolution of

the Town Council of the Town of Duck, North Carolina, Supporting Adoption of the Albemarle Regional Bicycle Plan

RECOMMENDED ACTION:

See Attachments


See Attachments

ATTACHMENTS:

See Attachments


ITEM #6A: New Business

A. Discussion/Consideration of Resolution #13-16, a Resolution of

the Town Council of the Town of Duck, North Carolina, Supporting Adoption of the Albemarle Regional Bicycle Plan

RECOMMENDED ACTION:

Approve Resolution 13-16

SUMMARY OF INFORMATION: For the last several months the Albemarle Commission, along with its consultant, has been working with the various local governments in the region on the Albemarle Regional Bicycle Plan. The Albemarle Regional Bicycle Plan is intended to provide the framework for future bicycle facilities in the region. Mr. Steve Lambert of the Albemarle Commission will provide the Council with an overview of the plan.

ATTACHMENTS:

Resolution 13-16 Albemarle Regional Bicycle Plan Executive Summary

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DUCK, NORTH CAROLINA, SUPPORTING ADOPTION OF THE ALBEMARLE

REGIONAL BICYCLE PLAN

Resolution #13-16

WHEREAS, the Albemarle Commission and Albemarle RPO, participating local governments, and its subcontractor Alta/Greenways, has prepared the Albemarle Regional Bicycle Plan (the Plan); and

WHEREAS, the purpose of the Plan is to study the feasibility of establishing an interconnected network of off-road and on-road bicycle facilities throughout the entire Albemarle region; and

WHEREAS, the proposed bicycle network includes lands located within the multiple counties and municipalities of the Albemarle Region, Dare County and the Town of Duck; and

WHEREAS, the Plan process involved public participation; and

WHEREAS, the Plan was financed by a North Carolina Department of Transportation grant.

NOW, THEREFORE, BE IT RESOLVED this 2nd Day of October, 2013, that the Town Council of the Town of Duck, North Carolina, hereby that:

a. The Plan and related materials are acceptable to the Town of Duck; and b. The Plan and related materials will be used to guide future bicycle

transportation development, operations, and maintenance. Adopted this 2nd Day of October, 2013.

Mayor ATTEST: Town Clerk

Executive Summary

Albemarle Regional Bicycle Plan

1 Executive Summary

AcknowledgementsSteering CommitteeSteve Lambert, Albemarle Rural Planning Organization Director*Erin Burke, Town of Manteo Planning and ZoningGretchen Byrum, NCDOT District EngineerWillie Mack Carawan, Tyrrell County AdministrationAngela Cole, Elizabeth City Planning and Community DevelopmentChip Cowan, Citizen RepresentativeShelley Cox, Pasquotank County Planning Donna Creef, Dare County Planning Andy Garman, Town of Duck Community DevelopmentDonna Godfrey, Perquimans County Planning and ZoningMary Helen Goodloe-Murphy, Citizen RepresentativeJay Greenwood, Merchant’s Millpond State ParkJoy Greenwood, Dismal Swamp State ParkWes Haskett, Town of Southern Shores Planning & Code EnforcementJoe Heard, Town of Kitty Hawk Planning and InspectionsLandin Holland, Chowan County/Town of Edenton Planning ConsultantMorgan Jethro, Gates County Planning & Development ServicesAnn Keyes, Washington County Planning and SafetyDoug Lequire, Pettigrew State ParkGreg Loy, Town of Kill Devil Hills Planning and InspectionsGary S. Mitchell, Citizen RepresentativeMike Murray, National Park Service Outer Banks GroupKris Noble, Hyde County Economic Development and PlanningDan Porter, Camden County Planning and DevelopmentBrandon Shoaf, Town of Hertford Planning and ZoningDonna Stewart, Dismal Swamp State ParkElizabeth Teague, Town of Nags Head Planning and DevelopmentBobbi White, Elizabeth City Parks and RecreationHolly White, Currituck County Planning and InspectionsBen Woody, Currituck County Planning and Inspections*Project Manager

SpeCial thankS Thank you to the hundreds of people who participated in the development of this plan through public comment forms, social media, public outreach events, and meetings.

ConSultantSAlta/Greenways (lead consultant)Kimley-Horn & Associates Street Plans Collaborative

nCDotHelen Chaney, Division of Bicycle and Pedestrian TransportationJohn Vine-Hodge, Division of Bicycle and Pedestrian Transportation

albemarle regional planning CommiSSionCamden County: Clayton Riggs, Bill Norton At-LargeChowan County: Jeff Smith, Jack Perry At-LargeCurrituck County: Marion GilbertDare County: Robert Woodard, Sr.Gates County: Henry JordanHyde County: Earl Pugh, Jr.Pasquotank County: Gary WhitePerquimans County: Tammy Miller-WhiteTyrrell County: Leroy Spivey, Chuck Boucher At-LargeWashington County: Tracey Johnson, Charles Sharp At-Large

2013

Executive Summary 2

Albemarle Regional Bicycle PlanExecutive Summary

introDuCtionThe Albemarle Regional Bicycle Plan provides a framework for improving bicycle transportation and recreation in the Albemarle RPO region. The plan acts as a blueprint for improving both regional and local connectivity with a comprehensive toolbox of facility types that are appropriate for a range of landscapes, rural to urban. The plan emphasizes safe,

Summary ContentsIntroduction

Vision Statement & Goals

Planning Process

Existing Conditions

Needs Assessment

Recommendations

Implementation

Public Input was collected at regional events, stakeholder meetings, and through social media.

separated bicycle facilities for both long-distance, recreational bicycling and short, utilitarian bicycle trips. In addition to a connected bicycle network, the plan recommends policies and programs, along with an implementation strategy for all recommendations, designed to effectively and efficiently improve the region’s bikeability.

ViSion Statement & goalSThe following vision statement guides the Albemarle Regional Bike Plan:

The purpose of this plan is to make this vision a reality. Specific goals derived from this vision are listed below.

The Albemarle region is a Bicycle Destination for the World where roadways comfortably accommodate all modes of transportation. Opportunities exist for residents and visitors to safely and efficiently bicycle for both transportation and recreation. Cycling is a common, fun, and preferred means of transportation, recreation, and healthy living that improves our communities.

Goal 1: Increase the quality of bicycling throughout the region

Goal 2: Improve health outcomes in the region

Goal 3: Improve safety for all cyclistsGoal 4: Increase bicycling trips by residents and visitors

Goal 5: Promote and encouarge the growth of the tourism economy


3 Executive Summary

planning proCeSSThe Albemarle Regional Bicycle Plan was funded through the North Carolina Department of Transportation (NCDOT). The plan was developed over 12 months and informed by a robust agency, stakeholder, and public engagement process. A steering committee of representatives from the Albemarle RPO, counties, municipalities, state parks, NCDOT, and advocates guided the process. The public was engaged through both online social media applications and on-the-ground input sessions. Input booths were located at six, targeted regional events as part of an intercept process.

6 PublicEvents

Social Media

& Online Comment

Forms

Community Outreach

Complete/

Review Draft Plan

ExistingConditions

Analysis

Project Kick-Off Meeting

Begin Policy/

Program Review

Data Collection/Base Maps

Draft Plan Development

1 2 3 4 5

Begin OnlineInput

Final Plan &Presentations

Adopt Plan & Begin

Implementation

6

Detailed Field

Inventory

Begin Field

Review

Preliminary Bike

Network

Revise Plan Based on

Comments

Presentation to Elected

Officials

Steering CommitteeMeetings

July 2013 - OctOber 2013

December 2012 - April 2013

mAy 2013 - June 2013

July 2012 August 2012 - nOvember 2012

OctOber 2013

2013

Executive Summary 4

CURRITUCKCOUNTY

CAMDENCOUNTYGATES

COUNTY

PASQUOTANKCOUNTY

PERQUIMANSCOUNTY

CHOWANCOUNTY

DARECOUNTY

TYRRELLCOUNTY

WASHINGTONCOUNTY

HYDECOUNTY

North ofSound

OuterBanks

South ofSound

exiSting ConDitionSThe Albemarle region is a diverse landscape with a variety of land uses, demographics, ecological habitats, and economies. To account for this variation, the study area was divided into three subregions - North of Sound, South of Sound, and the Outer Banks. Each subregion holds unique challenges and opportunities for bicycle transportation.

This diversity requires a broad toolbox of engineering, policy, and program treatments. For closer analysis, the region was classified into seven settlement types that were used to structure context-sensitive recommendations:

regional Settlement typeS

See Chapter 2 for more on this topic.

A l b e m A r l e S o u n d

P A m l i c o S o u n d


5 Executive Summary

ChallengeS: Like most of North Carolina, driving an automobile is currently the most convenient mode of travel in the region because the roadway network is designed for driving. Land uses are typically segregated by long distances, making bicycling from origin to destination tedious for most trips. The area also lacks a connected and consistent network of bicycle facilities that encourages bicycling as a viable choice for transportation.

opportunitieS: Yet, the Albemarle Region has tremendous opportunity to become a “Bicycle Destination for the World.” Flat roadways, scenic landscapes, and historic towns make bicycling tourism a reality today despite the challenges above, as well as a feasible boost to the region’s economy if expanded. Bicycling is already prevalent in the Albemarle region, typically in two situations:

1. Lower-income centers where bicycling and walking are critical means of transportation, and

2. Tourist areas, especially along the beach, where bicycling is largely a common tourist and recreational activity.

For these reasons, the bicycle mode share in the Albemarle Region is 0.4%, twice that of the rest of North Carolina (Bicycle mode share in the Outer Banks alone is 0.8%).

neeDS aSSeSSmentThe three subregions were assessed through a combination of GIS data analysis and fieldwork. Needs varied by each subregion and settlement type. There are very few bicycle facilities, with the exception of some paved shoulder, in the North of Sound and South of Sound subregions. The Outer Banks subregion boasts the most bicycle facilities, mostly multi-use sidepaths for recreational bicyclists.

exiSting FaCilitieS:

Bicycle Facility Miles/1,000 residents

Bicycle Facility Miles/1,000 roadway miles

North of Sound 0.2 8

South of Sound 0.2 2

Outer Banks 6 299

Flat roadways, scenic landscapes, and historic towns make bicycling tourism a reality today.

2013

Executive Summary 6

A regional equity analysis was conducted by layering demographic characteristics such as vehicle ownership, median household income, race, and language. The locations identified through this analysis were targeted with facility recommendations to ensure the needs of disadvantaged residents are met. Some key findings include:

• 1.8% of residents do not own a vehicle (4.9% in the South of Sound subregion)

• 0.4% of residents bicycle to work (0.8% in the Outer Banks subregion)

Bicycle safety is a chief issue for this region as many bicyclists are struck by vehicles each year. Most bicycle crashes between 2005 and 2012 occurred along major roadways such as US 64, US 17, US 158, and NC 12. There are 1.6 crashes per 1,000 residents in the entire region, with higher numbers of crashes occurring in higher density areas, such as the Outer Banks and Elizabeth City.

CraSh loCationSbiCyCle moDe Shareequity analySiS

See Chapter 2 for more about these existing conditions maps.


7 Executive Summary

InfrastructureRecommendations

Existing Facilities and

Current Plans

Public Input: Comment

Forms + Public Events

Field Analysis of Opportunities and Constraints

Direction fromLocal

Government Agencies

ProjectSteering

Committee

Direction fromthe Albemarle

RPO

Connectivity to Regional

Destinations + Municipalities

The proposed network was developed using many inputs, which are summarized above.

This diagram illustrates the various recommended facility types, from those that are least separated from motorized vehicle traffic, to those that are the most separated.

typeS oF biCyCliStSThis diagram illustrates how people in the U.S. have characterized themselves in past surveys when it comes to bicycling. There are a variety of bicyclists of all skill levels in the Albemarle region. This plan seeks to meet the needs of all types, not only through infrastructure, but also through policies and programs.

1% Strong & Fearless

5-10% Enthused & Confident

60% Interested but Concerned

30% No Way, No How

reCommenDationS

biCyCle networkIn order to provide an equivalent choice for bicycle transportation, a comprehensive regionally and locally connected network of bicycle facilities is recommended. A toolbox of bicycle facility types was used to recommend appropriate treatments based upon a number of factors such as land use patterns, density, destinations, and street typology. In large part, the recommendations of this plan are geared towards the 60% of the population considered “interested, but concerned” in bicycling (see far right). Recommendations were prioritized based on safety, need, proximity to key destinations, and public input.

2013

Executive Summary 8

13

158

17

158

64

4

3

A L BE M A R L E S O U N D

PAS Q

UOTANK

RI VER

NORTH

RI VER

CURRI TUCK

SOUND

CHOWAN

RI VER

NORTH

LAN

DI NGR I V E R

PER

QUI M

A N S R I V E R

LI TTLERI VER

Moyock

Currituck

Grandy

Jarvisburg

Barco

Camden

NC 4 NorthLin

e Trace

NC

3Po

rts o

fCa

ll

NorthRiver

Gameland

Chowan SwampNatural Area

PettigrewState Park

MerchantsMillpond

State Park

CurrituckNational

Wildlife Refuge

Pocosin LakesNational

Wildlife Refuge

Great DismalSwamp NationalWildlife Refuge

MacKey IslandNational

Wildlife Refuge

Alligator River NationalWildlifeRefugePlymouth

Gatesville

ElizabethCity

Winfall

Hertford

Edenton

RoperColumbia

AroundPam

licoSound: O

ffseasonRoute

Bicycle Lane, StripeBicycle Lane, RestripeBicycle Lane, Road DietBicycle Lane, NewBuffered Bike Lane, StripeBuffered Bike Lane, NewProposed Paved Shoulders Proposed Bicycle Boulevard Proposed SharrowsProposed Signed RouteProposed Multi-Use Trail Corridor ImprovementsPaved Multi-Use TrailBoardwalkUnpaved Multi-Use TrailPaved ShoulderBike RouteState/Regional Bike Rte.East Coast GreenwayStateConservationFederalConservationOtherConservationCountyBoundary

0 2.5 5Miles

North of SouNdProPoSed NetworkSee Chapter 4 for details on these recommendations.


9 Executive Summary

64

264

A L BE M A R L E S O U N D

ALLIG

ATOR

RIV

ER

P AML ICOS O

UND

P AML I C O

R I V E R

L A K EM A T T A M U S K E E T

N E WL A K E

P H E L P SL A K E

PAMLI CORI V E R

3

2

PettigrewState Park

Fort RaleighNational

Historic Site

Pocosin LakesNational

Wildlife Refuge

PungoNational

Wildlife Refuge

Lake MattamuskeetNational

Wildlife Refuge

AlligatorRiver NationalWildlife Refuge

DareCounty Air

Force Range

SwanquarterNational

Wildlife Refuge

SwanquarterNational

Wilderness Area

PlymouthRoper

Creswell

Columbia

Bicycle Lane, StripeBicycle Lane, RestripeBicycle Lane, Road DietBicycle Lane, NewProposed Paved Shoulders Proposed SharrowsProposed Signed RouteProposed Multi-Use Trail Paved Multi-Use TrailBoardwalkPaved ShoulderState Bike RouteEast Coast GreenwayStateConservationFederalConservationOtherConservationCountyBoundary

0 2.5 5Miles

South of SouNdProPoSed NetworkSee Chapter 4 for details on these recommendations.

2013

Executive Summary 10

13

158

17

158

64

264

4

Around Pamlico Sound: Offsea son Route

3

AL

BE

MA

RL

ES

O

UN DP A S Q U O T A N K R I V E R

N O R T H R I V E R

C U R R I T U C K S O U N D

C H O W A N R I V E R

N O R T H L A N D I N G R I V E R

P E R Q U I M A N S

RI V

ER

L I T T L E R I V E R

Moy

ock

Cur

rituc

k Barc

o

Cam

den

A L L I G A T O RR I V E R

PA

ML

I CO

SO

UN

D

P A M L I C OR I V E R

L A K EM A T T A M U S K E E T

N E WL A K EP H E L P S

L A K E

P A M L I C O R I V E R

3

2

RodantheWaves

Salvo

Avon

Buxton

Frisco

Hatteras

Ocracoke

NorthRiver

Gameland

Jockeys RidgeState Park

PettigrewState Park

Fort RaleighNational HistoricSite

PocosinLakes NationalWildlife Refuge

Pungo NationalWildlife Refuge

Lake MattamuskeetNational

Wildlife Refuge

Cape HatterasNationalSeashore

AlligatorRiver NationalWildlife Refuge

DareCounty Air

Force Range

Pea IslandNational

Wildlife Refuge

SwanquarterNationalWildlife Refuge

Duck

KillDevilHills

Edenton

Manteo

Columbia

SouthernShores Kitty

HawkAround Pamlico Sound: Loop Route

NC 2: Mountains to the Sea

Around Pamlico Sound: Offseason Route

Bicycle Lane, StripeBicycle Lane, RestripeBicycle Lane, NewBuffered Bike Lane, NewProposed Paved Shoulders

Proposed Bicycle Boulevard Proposed SharrowsProposed Signed RouteProposed Multi-Use Trail Corridor Improvements

Paved Multi-Use TrailBoardwalkUnpaved Multi-Use TrailBike LanePaved ShoulderBike RouteState/Regional Bike Rte.

StateConservationFederalConservationOtherConservationCountyBoundary

0 5 10Miles

outer BaNkSProPoSed NetworkSee Chapter 4 for details on these recommendations.


11 Executive Summary

poliCieSPolicies play a critical role in shaping the long-term growth and development of a community. The policy recommendations of this plan aim to improve the underlying land use and transportation conditions that fundamentally promote bicycle use at the regional and local level.

Policy recommendations address the transportation network, environmental protection, regional growth, and bicycle infrastructure such as on-road facilities,

signage, and bicycle parking. Policy statements are organized by settlement type and may be applied to county and town comprehensive planning, land

use, and development ordinances.

programSWhile infrastructure and policies make bicycling viable, programs ensure that residents and visitors will get out and try bicycling. A program may be presented as a campaign, on-going initiative, or one-time event, depending on its purpose. In essence, these different efforts market bicycling to the general public and ensure the maximum return on investment in bicycling facilities in the form of increased mode shift to bicycling. Program recommendations are broken into four categories: • Education - The focus of an educational campaign

can range from information about the rights and responsibilities of road users to tips for safe behavior; from awareness of the area-wide benefits of bicycling to technical trainings for local agency staff.

• Enforcement - The goal of enforcement is for bicyclists and motorists to recognize and respect each other’s rights on the roadway.

• Encouragement - These programs inspire all ages, abilities, and user groups to bike, including school age children, young adults, college students, working adults, and seniors. They address both recreational and utilitarian cycling.

• Evaluation – These programs ensure facilities are consistently monitored and maintained, and track progress toward plan goals.

Key Policies

• Recognize the interrelationship between land use decisions (planning and development) and transportation decisions.

• Reinforce basic urban design principles that result in the development of visually pleasing districts, neighborhoods, and corridors supportive of bicycling and walking.

• Improve the balance of protected rural areas and vibrant village, town, and city environments that make the Albemarle region special.

A variety of programs are recommended within each category. These initiatives can be undertaken by

local agencies, regional organizations, community organizations, or by any combination of partnerships

between such agencies and organizations.

2013

Executive Summary 12

implementationImplementing the recommendations of this plan will require a concerted, consistent effort and collaboration between NCDOT, local government agencies, stakeholders, and advocates.

Key Steps & Partnerships in Implementation

• Adopt the plan at regional, county, and local levels.

• Form a BPAC (Bicycle and Pedestrian Advisory Committee) to oversee the implementation of this plan.

• Build priority projects with a multi-prong approach (State TIP, local capital improvement programs, grants, private funders, development policies, and by incorporating bicycle facilities into scheduled roadway rehab projects).

• Develop bicycle maps for subregions and localities, especially within the central Outer Banks.

• Advance key priority education, encouragement, and enforcement programs.

• Implement local policy changes to address bicycle facility construction, bike parking, etc.

• Work with Community Transformation Grant staff and local SRTS programs.

• Engage lower-income communities.

Albemarle Rural Planning Organization

leadership and support for policy, project development,

and BPAC

Bicycle & Pedestrian Advisory Committeeinter-agency coordination, long-term funding strategy,

and project prioritization

Local Residents, Clubs, & Advocacy Groupsbuild public support for bike facilities and participate in

programs

Local StaffCity and County Planners and Public Works Departments: policy changes,

project implementation

City & County Police & Fire Departments:enforcement & education programs

Public Health Staff & Advocates

spread awareness of the benefits of biking

NCDENR, NCDOT Division 1 +

Bike/Ped Divisiontechnical support and

review

Education | Enforcement | Evaluation | Encouragement | Engineering

This figure presents an organizational structure for plan implementation. All of the groups and agencies shown in this figure will be necessary to successfully implement the extensive program, policy, and infrastructure recommendations of the plan.

See Chapter 7 for more than 30 detailed action steps, including identified lead and support agencies and phasing per task.

aDminiStratiVe StruCture


Roanoke Island, Dock off Eagle Point


ITEM #7: Items Referred To and Presentations from the Town Attorney

RECOMMENDED ACTION:

Per discussion


none

ATTACHMENTS:

none


ITEM #8: Items Referred To and Presentations from the Town Manager


B. Project Update on Beach Nourishment Project

C. NCBIWA Annual Conference

D. Surf Rescue Contract Renewal

E. Financial Statement for the Month of September for FY 2014

RECOMMENDED ACTION:

See Attachments


See Attachments

ATTACHMENTS:

See Attachments


ITEM #8A: Items Referred To and Presentations from the Town Manager


RECOMMENDED ACTION:

None required

SUMMARY OF INFORMATION: The Town Council will receive an update on departmental activities

ATTACHMENTS:

Will be provided at the meeting


ITEM #8B: Items Referred To and Presentations from the Town Manager

B. Project Update on Beach Nourishment Project

RECOMMENDED ACTION:

None required

SUMMARY OF INFORMATION: Attached is a letter from Coastal Planning and Engineering (CP&E) with an update on the Town’s project. As the letter indicates, 2.2% of the project has been completed, including coordination with the Town, planning for the beach profile and sand sampling surveys, and calibration of the GENESIS model.

ATTACHMENTS:

CP&E Update Letter

COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. _________________________________________________________________________________________________________ 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 910-791-9494 PHONE 910-791-4129 FAX

4038 MASONBORO LO OP ROAD, WILMIN GTON, NC 28409 PHONE: 910 .791 .9494 FAX 910.791 .4129 COASTAL PLANNING & ENGINEERING OF NORTH CAROL INA , INC .

September 20, 2013

Christopher Layton Town Manager Town of Duck P.O. Box 8369 Duck, NC 27949 Subject: Invoice 1555561-R8-526 Project Update Dear Mr. Layton: This letter serves as an update to you and your staff on CPE-NC’s progress with regards to the Permitting and Design Services for the Town of Duck beach nourishment project. This first invoice reflects our efforts in completing 2.2% of the scope of work as of September 1, 2013. This invoice reflects coordination with Town staff, internal coordination associated with project setup, planning for the beach profile and sand sampling surveys, and calibration efforts associated with the GENESIS modeling. Throughout the month of August we developed a project schedule and provide the schedule to the Town on August 29th, 2013. Internally, our project permitting and design team have held several meeting to identify specific tasks and assign them as needed. Our survey staff made preparations for the beach profile surveys conducted in early September including researching control information and setting up survey files for the beach profile survey. This included coordination with staff at the USACE Field Research Facility (FRF). Our modeling staff began the calibration of the GENESIS model using existing data. Subsequent to the close of the invoicing period (September 1, 2013), we completed the beach profile surveys. Surveys were conducted between September 10th and 16th. We also completed sediment sampling of the native beach during that same time frame. We are currently reducing the beach profile data and will begin S-Beach analyses once the data is available. Completion of these tasks will be reflected in the next invoice. Fieldwork associated with the jet probe reconnaissance survey was completed between September 5th and 9th. We are currently assessing the data gained from the survey to determine the next steps in the sand search investigations. We anticipate holding a meeting with the three northern Dare County beach Town’s in early October to discuss our proposed plan for sand investigations. Please feel free to contact me anytime for further clarification or explanation of the project. Very truly yours, COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

Kenneth Willson Project Manager


ITEM #8C: Items Referred To and Presentations from the Town Manager

C. NCBIWA Annual Conference

RECOMMENDED ACTION:

None required

SUMMARY OF INFORMATION: The North Carolina Beach and Inlet Waterway Association will hold its annual meeting at the Blockade Runner Beach Resort in Wrightsville Beach, North Carolina, on November 18th and 19th. If a Council Member wishes to attend this conference, please contact the Town Manager or the Town Clerk for registration and lodging. The Town Manager and the Director of Community Development are planning on attending this event.

ATTACHMENTS:

NCBIWA Registration Form

Advance Registration Form

NCBIWA 2013 The Annual Conference

Blockade Runner Beach Resort

Wrightsville Beach, North Carolina

Monday & Tuesday, November 18 & 19 Registration opens at 7:00AM

Program commences at 8:00AM

__________________________________________ _________________________________________ Name(s) Organization

__________________________________________ _________________________________________ Mailing Address City, State Zip

__________________________________________ _________________________________________ Phone Number E-mail (Required for newsletter, alerts & updates)

Advance registrations must be received no later than 6pm November 15

□ Advance registration for members $85 (Save $25)

□ Advance registration for non-members $95 (Save $15)

□ COMBO SPECIAL: Advance registration and individual annual membership $135* *Non-members save an extra $10 with this combo special! .

NOTE: All registrations after 6:00pm, Nov. 15 will only be available at the door for $110

Please make checks payable to “NCBIWA” or use: Visa MasterCard Amount $__________

Credit Card #_______________________________ Expiration Date _______/_______

Card Billing Address _________________________ 3-digit code from back of card _________

_______________________________Zip_________ Signature _______________________________

MAIL your check or MAIL or FAX credit card info, with this form, to:

NCBIWA, Post Office Box 1317, Oak Island, NC 28465 Toll-free Fax number 1-800-967-0816

Blockade Runner Beach Resort Conference Rate: $85 Harbor View • $99 Ocean View RESERVATIONS 1-800-541-1161 • RESERVE TODAY: Mention NCBIWA Conference Rate


ITEM #8D: Items Referred To and Presentations from the Town Manager

D. Surf Rescue Contract Renewal

RECOMMENDED ACTION:

None required

SUMMARY OF INFORMATION: At the end of this contract period, October 31, 2013, the Town’s contract for surf rescue services with Sandski, LLC will expire. Over the next several months, the Town Manager will negotiate with Sandski LLC on terms to renew the contract. One these negotiations are completed, the final proposed contract will be brought before Council for approval.

ATTACHMENTS:

none


ITEM #8E: Items Referred To and Presentations from the Town Manager

E. Financial Statement for the Month of September for FY 2014

RECOMMENDED ACTION:

None required

SUMMARY OF INFORMATION: The Town Manager will provide the Council with an overview of the September financial reports.

ATTACHMENTS:

September FY 2014 Financial Statement

FY 2013 FY 2014 FY 2013 FY 2014 FY 2013 FY 2014REVENUE Actual * Budgeted % Change September September % Change YTD YTD % Change

Ad Valorem $2,706,364 $3,279,968 21.19% $517,704 $604,700 16.80% $646,039 $695,031 7.58%Sub - Total Advalorem Taxes: $2,706,364 $3,279,968 21.19% $517,704 $604,700 16.80% $646,039 $695,031 7.58%

Sales Tax $812,401 $730,753 -10.05% $104,024 $104,379 0.34% $174,569 $174,605 0.02%Transfer Tax $194,261 $191,877 -1.23% $0 $0 0.00% $0 $0 0.00%

Occupancy Tax $942,649 $886,116 -6.00% $214,978 $0 -100.00% $486,681 $250,177 -48.60%Sub-Total Other Taxes: $1,949,311 $1,808,746 -7.21% $319,002 $104,379 -67.28% $661,250 $424,782 -35.76%

Beer and Wine $1,502 $0 -100.00% $0 $0 0.00% $0 $0 0.00%Utility Franchise Tax $196,205 $198,000 0.92% $47,003 $49,742 5.83% $47,003 $49,742 5.83%

Sub-Total Unrestricted Intergovernmental: $197,707 $198,000 0.15% $47,003 $49,742 5.83% $47,003 $49,742 5.83%Powell Bill $0 $0 0.00% $0 $0 0.00% $0 $0 0.00%

Visitors' Bureau Grant $10,000 $137,500 1275.00% $0 $0 0.00% $0 $0 0.00%DENR Public Access Grant $160,595 $0 -100.00% $0 $0 0.00% $0 $0 0.00%

State Grants $0 $24,800 100.00% $0 $0 0.00% $0 $0 0.00%Shoreline Grant $24,000 $274,000 1041.67% $0 $0 0.00% $0 $0 0.00%

PARTF Grant $0 $0 0.00% $0 $0 0.00% $0 $0 0.00%Cable Access Channel Grant $0 $23,067 100.00% $0 $0 0.00% $0 $23,067 100.00%

Federal Grants $7,198 $0 -100.00% $0 $0 0.00% $520 $291 -44.13%St. Unauthorized Substance Excise Tax $18,740 $0 -100.00% $0 $0 0.00% $18,740 $0 -100.00%

FEMA Grants $0 $0 -100.00% $0 $0 0.00% $0 $0 0.00%Sub-Total Restricted Intergovernmental: $220,533 $459,367 108.30% $0 $0 0.00% $19,260 $23,357 21.28%

Building Permits $138,955 $93,000 -33.07% $20,574 $5,812 -71.75% $26,762 $14,376 -46.28%Inspection Fees $43,775 $28,000 -36.04% $2,120 $2,720 28.30% $8,110 $11,555 42.48%

Other Permits $13,963 $17,000 21.75% $1,050 $2,000 90.48% $5,110 $4,380 -14.29%Sub-Total Permits and Fees: $196,692 $138,000 -29.84% $23,744 $10,532 -125.44% $39,982 $30,311 -31.91%

Mixed Beverage Tax $34,479 $35,000 1.51% $0 $0 0.00% $0 $0 0.00%ABC Distribution $11,978 $10,000 -16.51% $0 $0 0.00% $0 $0 0.00%

Other $59,267 $71,000 19.80% $14,899 $9,121 -38.78% $24,719 $30,634 23.93%Sub-Total Miscellaneous: $105,724 $116,000 9.72% $14,899 $9,121 -38.78% $24,719 $30,634 23.93%

Interfund Transfers $0 $0 0.00% $0 $0 0.00% $0 $0 0.00%Fund Balance $0 $0 0.00% $0 $0 0.00% $0 $0 0.00%

Debt Proceeds $132,912 $0 -100.00% $0 $0 0.00% $0 $0 0.00%Sub-Total Non-Revenue Receipts: $132,912 $0 0.00% $0 $0 0.00% $0 $0 0.00%

Total General Fund Revenue: $5,509,242 $6,000,081 8.91% $922,351 $778,474 -15.60% $1,438,253 $1,253,858 -12.82%

FY 2013 FY 2014 FY 2013 FY 2014 FY 2013 FY 2014EXPENDITURES Actual Budgeted % Change September September % Change YTD YTD % Change

Governing Body $151,412 $152,000 0.39% $19,629 $8,086 -58.81% $87,991 $79,742 -9.37%Administration $363,148 $398,800 9.82% $30,554 $28,994 -5.11% $100,303 $88,268 -12.00%

Finance $42,215 $50,000 18.44% $7,767 $9,070 16.77% $9,692 $10,425 7.56%Legal $40,736 $75,150 84.48% $2,888 $2,605 -9.78% $5,478 $5,428 -0.91%

Public Buildings $869,545 $676,624 -22.19% $1,333 $12,344 825.86% $10,862 $41,061 278.04%Information Technology $84,488 $98,500 16.58% $14,889 $1,046 -92.98% $26,485 $6,789 -74.37%

Sub-Total General Government: $1,551,544 $1,451,074 -6.48% $77,060 $62,144 -19.36% $240,810 $231,713 -3.78%Police $876,756 $951,838 8.56% $60,372 $68,019 12.67% $243,976 $233,557 -4.27%

Fire $723,559 $782,278 8.12% $45,246 $41,092 -9.18% $201,924 $212,382 5.18%Inspections $141,454 $151,957 7.43% $11,367 $11,291 -0.67% $31,456 $35,553 13.02%

Ocean Rescue $266,000 $286,000 7.52% $30,000 $0 -100.00% $190,000 $160,000 -15.79%Sub-Total Public Safety: $2,007,769 $2,172,073 8.18% $146,985 $120,402 -18.09% $667,356 $641,491 -3.88%

Streets and Highways $89,785 $101,500 13.05% $12,697 $11,290 -11.08% $28,204 $18,290 -35.15%Sub-Total Transportation: $89,785 $101,500 13.05% $12,697 $11,290 -11.08% $28,204 $18,290 -35.15%

Sanitation $1,049,468 $917,000 -12.62% $80,308 $76,790 -4.38% $169,684 $167,479 -1.30%Sub-Total Sanitation: $1,049,468 $917,000 -12.62% $80,308 $76,790 -4.38% $169,684 $167,479 -1.30%

Community Development $186,673 $234,113 25.41% $19,819 $24,955 25.91% $58,144 $62,560 7.60%Sub-Total Economic and Physical Dev.: $186,673 $234,113 25.41% $19,819 $24,955 25.91% $58,144 $62,560 7.60%

Parks $557,780 $529,650 -5.04% $23,126 $16,290 -29.56% $67,907 $71,148 4.77%Sub-Total Cultural and Recreational: $557,780 $529,650 -5.04% $23,126 $16,290 -29.56% $67,907 $71,148 4.77%

Capital Outlays $104,958 $399,000 280.15% $0 $0 0.00% $0 $0 0.00%Sub-Total Capital Outlays: $104,958 $399,000 280.15% $0 $0 0.00% $0 $0 0.00%

Transfers $0 $0 0.00% $0 $0 0.00% $0 $0 0.00%Contingency $0 $75,000 100.00% $0 $0 0.00% $0 $0 0.00%

Fund Balance $0 $120,671 100.00% $0 $0 0.00% $0 $0 0.00%Sub-Total Budgetary Accounting: $0 $195,671 100.00% $0 $0 0.00% $0 $0 0.00%

Total General Fund Expenditures: $5,547,976 $6,000,081 8.15% $359,994 $311,871 -13.37% $1,232,104 $1,192,682 -3.20%

* Unaudited - preliminary data

$0

$200,000

$400,000

$600,000

$800,000

$1,000,000

$1,200,000

$1,400,000

July

Aug.

Sept.

Oct.

Nov.

Dec.

Jan.

Feb.

March

April

May

June

Ad‐Valorem Taxes

FY 2010 FY 2011 FY 2012

FY 2013 FY 2014

$0$50,000$100,000$150,000$200,000$250,000$300,000$350,000$400,000$450,000

July

Aug.

Sept.

Oct.

Nov.

Dec.

Jan.

Feb.

March

April

May

June

Other Taxes ‐ Shared Revenues

FY 2010 FY 2011 FY 2012

FY 2013 FY 2014

$0

$20,000

$40,000

$60,000

July

Aug.

Sept.

Oct.

Nov.

Dec.

Jan.

Feb.

March

April

May

June

Permits and Fees

FY 2010 FY 2011 FY 2012

FY 2013 FY 2014

$0$500,000

$1,000,000$1,500,000$2,000,000

July

Aug.

Sept.

Oct.

Nov.

Dec.

Jan.

Feb.

March

April

May

June

Total Revenues

FY 2010 FY 2011 FY 2012

FY 2013 FY 2014

Key Indicators

$0$200,000$400,000$600,000

July

Aug.

Sept.

Oct.

Nov.

Dec.

Jan.

Feb.

March

April

May

June

General Government

FY 2010 FY 2011 FY 2012

FY 2013 FY 2014

$0

$200,000

$400,000

July

Aug.

Sept.

Oct.

Nov.

Dec.

Jan.

Feb.

March

April

May

June

Public Safety

FY 2010 FY 2011 FY 2012

FY 2013 FY 2014

$0$50,000$100,000$150,000$200,000

July

Aug.

Sept.

Oct.

Nov.

Dec.

Jan.

Feb.

March

April

May

June

Sanitation

FY 2010 FY 2011 FY 2012

FY 2013 FY 2014

$0

$500,000

$1,000,000

July

Aug.

Sept.

Oct.

Nov.

Dec.

Jan.

Feb.

March

April

May

June

Total Expenditures

FY 2010 FY 2011 FY 2012

FY 2013 FY 2014

Town of Duck General Fund

FY 2014


ITEM #9:

Mayor’s Agenda

RECOMMENDED ACTION:

None


None

ATTACHMENTS:

None


ITEM #10:

Council Members’ Agenda

RECOMMENDED ACTION:

None


None.

ATTACHMENTS:

none


ITEM #11: Closed Session

RECOMMENDED ACTION:

Make a motion to enter closed session in accordance with Section 143-318.11(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; and

Make a motion to enter closed session in accordance with Section 143-318.11(1) of the North Carolina General Statutes to prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes


None.

ATTACHMENTS:

Provided under separate cover.


ITEM #12:

Other Business

RECOMMENDED ACTION:

None required


None

ATTACHMENTS:

none


ITEM #13:

Adjournment

RECOMMENDED ACTION:

Per discussion.


The next meeting will be the Regular Meeting on Wednesday, November 6, 2013 at 7:00 p.m.

ATTACHMENTS:

None

Agenda Town of Duck Council Town of Duck …...2013/10/02 · Mayor’s Agenda 10. Council...

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