TOWN OF DUCK TOWN COUNCIL REGULAR MEETING December 4, 2024 The Town Council for the Town of Duck convened at the Paul F. Keller Meeting Hall at COUNCIL MEMBERS PRESENT: Mayor Don Kingston; Mayor Pro Tempore Monica Thibodeau; Councilor Sandy Whitman; Councilor Brenda Chasen; and Councilor Kevin 1:00 p.m. on Wednesday, December 4, 2024. Lingard. COUNCIL MEMBERS ABSENT: None. OTHERS PRESENT: Town Manager Drew Havens; Director of Community Development Joseph Heard; Police Chief Jeffrey Ackerman; Fire Chief Donna Black; Deputy Fire Chief Matthew Dudek; Town Attorney Robert Hobbs; Public Information and Events Director Kristiana Nickens; Senior Planner Sandy Cross; Deputy Town Clerk Christy Hanks; and' Town Clerk Lori Ackerman. OTHERS ABSENT: None. Mayor Kingston called the meeting to order at 1:00 p.m. Mayor Kingston asked Fire Chief Donna Black to lead the Pledge of Allegiance. Mayor Kingston led the moment of silence. PUBLIC COMMENTS Mayor Kingston opened the floor for public comments. He noted that comments will be Michael Rollin of 149 Plover Drive was recognized to speak. Mr. Rollin stated that he wanted to bring attention to the concerns regarding a request to change Town Ordinance 24-06 to allow arcades. He stated that he made the same comments at the Planning Board meeting at their last meeting, adding that they were part of the Board's recommendation Michael Rollin stated that the applicant's arguments that they raised were focused on their use of the property and not the impact on the Town overall by changing the ordinance. He explained that allowing arcades in Duck would tundamentally change the unique character, adding that there is no other town like Duck on the Outer Banks. He stated that by opening the door to arcades in Duck it would ruin the character of it and homogenize it more with other jurisdictions on the Outer Banks adding that those that were looking for entertainment such as with arcades could find them elsewhere. limited to three minutes as there was a timer for the time limit. to Council. Michael Rollin stated that changing the Town Code to allow arcades should be avoided. He thought the Town should not be opening it up to everyone by changing the Town Code. He stated that while he believed arcades are not beneficial to Duck, if Council decided they wanted to entertain businesses such as these, they should be looking at it on ac case-by-case basis on the merits of the individual business through a special use permit Miriam Rollin of 149 Plover Drive was recognized to speak. Ms. Rollin stated that she wanted to speak on opposing the down-zoning provision of North Carolina State Bill 382. She stated that she fully supported the remarks that Michael Rollin had made about the reality that an arcade gaming facility which allows unsupervised youths to congregate was not in keeping with the current character of Duck and zoning should not be changed Miriam Rollin urged Council to explore actions it can take to advance turtle-friendly Miriam Rollin explained that Senate Bill 382 was a bill that purports to help hurricane victims in western North Carolina, but in reality, provided no new funding now for the victims. She stated that the bill included a plethora of unrelated provisions with one being the down-zoning provision of Senate Bill 382. She explained that the provision required down-zoning limits to apply to rezonings and regulatory amendments initiated by local governments. She added that under the provision, unless receiving written permission from every affected property owner, local governments were not allowed to initiate or enact rezoning or text amendments that reduce density or reduce the uses allowed. She pointed out that this would prevent local governments, including Duck, from taking zoning actions for the good of the citizens. She stated that it may even affect Miriam Rollin stated that the Senate has already voted on December 2, 2024 to override Governor Roy Cooper's veto and the House was expected to vote on it by December 11, There being no one else wishing to speak, Mayor Kingston closed the time for public and not through changing the Town Code. to allow them. lighting tol beach-front properties as Jeannette's s Pier has implemented. local adoption of updated FEMA NFIP mapping. 2024. She urged Council to uphold the Governor's veto. comments. CONSENT AGENDA Fiscal Year 2025-2026 Budget Calendar; Resolution 24-16,a Resolution of the Town of] Duck, North Carolina, Opposing Senate Bill 382 regarding Zoning Authority of Mayor Pro Tempore Thibodeau moved to approve the consent agenda as presented. Local Governments: Budget Amendment Motion carried 5-0. 2 FICIALPRISENTATIONS Resolution 24-16.a Resolution of the Town Council of the Town of Duck. North Carolina. Honoring and Thanking Fire Chief Donna Black for Her Service to the TownofDuck Mayor Kingston read Resolution 24-16 to Council and the audience. Mayor Pro Tempore Thibodeau moved to approve Resolution 24-16 as presented. Motion carried 5-0. Town Manager Havens presented Fire Chief Black with a framed resolution. Council Introduction of Matthew Dudek as the Town of Duck Fire Department's Deputy Fire Chief Donna Black was recognized to speak. Fire Chief Black went on to introduce Matthew Dudek at the Town of Duck's newest Deputy Fire Chief to Council and the Mayor Kingston and Council welcomed Deputy Fire Chief Dudek to the Town. Presentation by Addison Vlastnik, UNC Chapel Hill OBXFS Environmental and Urban Studies & Planning Student, and Town of Duck Intern. regarding the Development ofaLiving Shoreline Monitoring Plan for the NC12 Resiliency Project Addison Vlastnik was recognized to speak. Ms. Vlastnik went on to give a short presentation on the development of a living shoreline monitoring plan for the NC 12 Resiliency project as well as what she learned as an intern with the Town to Council and went on to congratulate Fire Chief Black for her service. Fire Chief audience. and her Time with Duck the audience. Mayor Kingston thanked Addison Vlastnik for her presentation. Presentation of the Town's Fiscal Year 2023-2024 Audit Report Jonathan Dail of. Johnson, Mizelle, Straub and Consolvo was recognized to speak. Mr. Dail went on to give a presentation on the Town's Fiscal Year 2023-2024 audit report to Council and the audience. Councilor Chasen moved to accept the audit as presented. Motion carried 5-0. 3 Mayor Kingston thanked Jonathan Dail for his presentation. QUASIJUDICIAL PUBLICHEARING There were no Quasi-Judicial public hearings at this time. LEGISLATIVE PUBLIC HEARINGS There were no. Legislative public hearings at this time. OLDB BUSINESS/ITEMS DEFERRED FROMPREVIOUSA MEETINGS There was no Old Business to discuss at this time. NEW BUSINESS DsausionComsideration of 2025 Council Meeting Date Schedule Town Manager Drew Havens was recognized to speak. Town Manager Havens stated that Council receives a draft schedule of their meetings for the coming year. He pointed out that a point of discussion was Council's January meeting as it fell on January 1,2 2025 Mayor Kingston thought the options would be January 2, 2025 or January 8, 2025. Town Manager Havens stated that it was up to Council, adding that those two dates were logical Councilor Whitman stated that he was in favor of rescheduling it to January 2, 2025. Councilor Chasen pointed out that the second was. her birthday. Councilor Lingard stated that he was in favor of rescheduling it to. January 8, 2025 since he will not be available on January 2nd. Mayor Pro Tempore Thibodeau stated that January 8, 2025 was fine with her. Mayor Kingston pointed out that Councilor Whitman would not be available on January gh. Councilor Whitman noted that January 8, 2025 was also the date for the Planning Board meeting. Mayor Pro Tempore Thibodeau clarified that January 2nd was the other option but it was Councilor Chasen's birthday. Councilor Chasen stated that Councilor Lingard asked what time the Planning Board meeting started. Councilor Whitman stated that it was 4:00 p.m. Mayor Pro Tempore Thibodeau asked if January 3, 2025 would work. Director Heard stated that the Planning Board could move their meeting to another date if Council needed to hold their meeting on January gth. He added that the Planning Board could have their meeting on January 15, 2025. Councilor Whitman pointed out that Council has their mid-month meeting on January 15th. Town Manager Havens stated that the mid-month meeting would be done in time for the and would need tol be rescheduled to another date. options. she would be fine ifi it was held on the second. Planning Board tol have theirs. 4 Mayor Kingston thought January 8, 2025 would work since all of Council would be present, but the conflict was the Planning Board meeting. Mayor Pro Tempore Thibodeau thought Councilor Whitman wouldn't be available. Councilor Whitman Mayor Kingston clarified that the Planning Board meeting started at 4:00 p.m. Director Heard stated he was correct. Mayor Kingston asked ifi it was subject to change. Town Manager Havens explained that the Planning Board could shift their meeting, adding that if they were to start at 5:00 p.m., he did not see why Council would not finish their Councilor Chasen moved to accept the Council meeting dates with the change to the stated he wasn'tavailable on January 2, 2025. meeting before then. January meeting from January 1, 2025 to. January 8, 2025 at 1:00 p.m. Motion carried 5-0. Disusion/Comsderation of Authorizing a Public Hearing on Ordinance 24-06, an Ordinance Amending Four Sections of the Town Code to allow Amusement Arcades Director Heard stated that Council was being asked to consider authorizing a public hearing for Ordinance 24-06. He explained that the applicant has proposed amendments to several sections of the Duck Town Code to accommodate the addition of Amusement Arcades as a permitted use in the Village Commercial zoning district and associated changes. He stated that the proposed amendments included the following: 1. Section 156.002 - Add a definition for the term. Amusement Arcade. 2. Section 156.036-1 Add. Amusement. Arcades to the list of permitted uses. 3. Section156.040 - Add Amusement Arcades as a permitted use "P" in the V-C column and prohibited use "X" in all other zoning districts under the COMMERCIAL: hlerahmen/Rccreational Facilities category. 4. Section 156.094 - Add the following standard for Amusement Arcades to the parking table: "1 parking space for each 200 square feet of floor area." Director Heard stated that the applicant, Keith Bliss, desires to establish an amusement arcade within one unit of the Duck Commons shopping center at 1211 Duck Road. He stated that following the Planning Board meeting, the applicant submitted a revised application that made substantial changes to the proposed amendments to Subsections 156.002 - The revised proposal added the phrase: "...and limits the use to arcade games, not laser-tag or other large scale space Indoor Recreation devices" to the initial proposed 156.036 - Whereas the initial text amendment simply proposed the addition of Amusement Arcades as a permitted use, the revised text amendment changed the asal Permitted Use in the Village Commercial Zoning District 156.002, 156.036, and 156.094 as follows: definition. 5 requirement to a special use permit and added the remaining wording further specifying 156.040 - Consistent with the change in Section 156.036, the "P" proposed for the V-C 156.094 - The initial application reviewed by the Planning Board proposed the following wording be added in the Parking standards: "No Additional Parking Required if Amusement Arcade Space is Placed Within Existing Facilities". To address comments and concerns raised at the Planning Board meeting, the applicant amended his proposal to the one parking space/200 square feet standard reflected in the current proposal. This standard is similar to the current minimum parking standards for retail uses. The applicant also added the "...for amusement arcade space placed within existing facilities" Director Heard pointed out that since the current proposal differs from the text amendment reviewed by the Planning Board, Council may consider if the changes are Director Heard stated that the Planning Board voted 3-2 to recommend denial of the proposed text amendments in Ordinance 24-06 at their meeting on November 13, 2024. He explained that the majority of the Board who voted to deny the application stated an opinion that indoor entertainment facilities were inconsistent with the Town's adopted Comprehensive & Land Use Plan and incompatible with the current uses and character of Duck Village. He added that the Board also cited comments in opposition submitted by the public during review of aj previous, similar text amendment proposal regarding indoor entertainment facilities in 2021. He noted that the members that were in support of the proposal shared an opposing view that amusement arcades were compatible with other uses in Duck Village and would provide a greater diversity of family entertainment Mayor Pro Tempore Thibodeau understood that after the Planning Board meeting, the applicant made some adjustments and now Council was seeing the adjustments including al 1,000 square foot second floor. She stated that, personally, she wanted it to go back to the Planning Board to have them look at exactly what the applicant was asking for and to get some understanding about the reason for the parking and size of the square footage. She asked ifit would be reasonable to ask the Planning Board to take another look at this Mayor Kingston agreed with Mayor Pro Tempore Thibodeau's comments. He thought the changes should go back to the Planning Board for re-evaluation before bringing it to Councilor Lingard thought a lot of the problem in people's minds with arcades was that once they start, there was no control. He wondered if the Town could require a license for the arcade and ift there was an issue, then the license could be revoked. He wasn'tsure standards/imitations for the use. column is amended to be an "S",requiring a special use permit. wording. substantial enough to send back to the Board for further review. currently lacking in Duck. with the revision and the changes the applicant had made. Council. 6 ift that was a possibility or if it was something that could be considered. Director Heard stated that it was a possibility, adding that it would require a little tweaking to the ordinance and would require setting a fee for the license. He noted that he had completed some research on what different communities were doing and there was a possibility of doing this ift the Council wanted it, adding that it could be part of the proposal. Councilor Whitman thought at the Planning Board meeting, the applicant had talked ofit being an unmanned operation set up by the gaming people that sell the machines where they electronically operate everything. He strongly felt that if it was an arcade set up, that there be some requirements for on-site personnel and not have all oft them off-site. Mayor Kingston stated that Council could deny the public hearing, send it back to the Planning Board, or approve the public hearing. He asked if Council denied the public hearing, it would force the applicant to go back to the Planning Board or if the application was done. Town Attorney Hobbs explained that the applicant has the right to re-apply using whatever language they could use and go back through the process again. He added that sending it back to the Planning Board would give the Board the opportunity to look at it again and provide Council with updated advice on the amendments. He stated that staff have indicated that they considered the amendments to be substantial, sO it could be an appropriate method to send it back if Council was Director Heard stated that the applicant had the right to be heard, but some of the changes that they made were the result of comments that were made at the Planning Board Councilor Chasen clarified that if Council held the hearing at this meeting, the same options would be available if Council decided not to hold the public hearing. Town Attorney Hobbs explained that Council would not be having the public hearing at this meeting but were authorizing the public hearing. He recommended that Council either schedule it for aj public hearing based on what they had in front of them or send it back to the Planning Board to consider the changes the applicant submitted after the Planning Board meeting. He added that when it comes back to Council, they will have an updated recommendation from the Planning Board and then schedule the public hearing and obtain public feedback, which was the purpose of having the hearing to allow the applicant to have people weigh in on the application before a decision is made. Councilor Lingard stated the he wanted the Planning Board to consider the licensing Mayor Pro Tempore Thibodeau moved to send Ordinance 24-06 back to the Planning Board and consider, if it was in their purview, the idea of licensure of the establishment interested in having the Planning Board look at it again. meeting, but some were not. aspect. in addition to the changes that the applicant made. Motion carried 5-0. 7 Dsusip/Comideration of Authorizing a Public Hearing on Ordinance 24-07. an Ordinance Correcting References in Sections of the Town Code Regarding Outdoor Director Heard stated that at their November 6, 2024 meeting, Council authorized the Planning Board and Community Development staff to develop the necessary text amendments to address several updates and corrections to the Town Code. He noted that several of these proposals were more complicated and will require comprehensive review over the coming months; however, the Planning Board has already recommended approval of specific corrections to two sections of the Zoning Ordinance: 1. Subsection 156.116 - Correct a reference to the Town's outdoor lighting 2. Subsection 156.155(B)(1) - Correct a reference to the submittal timeframe for Director Heard stated that as the proposed amendments were necessary to update and address specific errors in the Town's Zoning Ordinance, the Planning Board voted unanimously to recommend approval of the proposed text amendments in Ordinance 24- 07. He added that staff was recommending that Council set a public hearing for the Mayor Pro Tempore Thibodeau moved to schedule a public hearing on Ordinance 24-07 Lightingand Special Use Permit Procedures standards. special use permits. ordinance. for January 8, 2025, as presented. Motion carried 5-0. ATTORNEY ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN Town Attorney Hobbs stated he had nothing to report. He thanked Fire Chief Black for ITEMS REFERRED TO AND PRESENTATIONS FROM THE TOWN her service to the Town. MANAGER Departmental Updates the audience. Fire Chief Black gave a brief overview of the past month's fire activities to Council and Senior Planner Sandy Cross was recognized to speak. Senior Planner Cross gave an overview of the past month's permit activities to Council and the audience. Public Information and Events Director Kristiana Nickens was recognized to speak. Director Nickens gave a briefoverview of activities to Council and the audience. 8 Police Chief Jeffrey Ackerman was recognized to speak. Police Chief Ackerman gave a brief overview of the past month's] police activities to Council and the audience. October FY 2025 Financial Presentation financials to Council and the audience. Town Manager Havens gave a short presentation on the October Fiscal Year 2025 Town Manager Havens stated that Council had Resolution 24-17 in front of them, which was a resolution authorizing the execution and delivery of an installment financing contract for the Herron properties. He asked Council to adopt the resolution. Councilor Chasen moved to adopt Resolution 24-17 as presented. Motion carried 5-0. MAYORSAGENDA Mayor Kingston stated that the mayors/chairmen meeting will be on December 17, 2024 hosted by the Town of Nags Head. He stated that he would be participating in the OBX Chamber Leadership session with the other mayors on December 11, 2024 at Dare County. He stated that on December 14, 2024, he would be giving a presentation at the annual DCBA meeting that will be held in the Paul F. Keller Meeting Hall. He stated that he was looking forward to the Yuletide Celebration on December 7, 2024. Mayor Kingston pointed out that Mayor Pro Tempore Thibodeau has served four years on the Outer Banks Tourism Board, which Council appreciated. He added that Councilor Chasen has now been nominated to succeed her. He stated that Councilor Chasen will be stepping down from the Government Access Channel Committee and asked Councilor Lingard and Mayor Pro' Tempore Thibodeau if either had an interest in serving. Mayor Pro Tempore Thibodeau stated that she and Councilor Lingard had discussed the appointment prior to the meeting and Councilor Lingard had offered to serve. She thought it was a great opportunity to network with others in Dare County, adding that Mayor Kingston stated that there was now an opening on the Albemarle RPO Rural Transportation Advisory Committee. Mayor Pro Tempore Thibodeau stated that she Councilor Chasen had done a great job on the committee. would be happy to serve on that committee. COUNCIL MEMBERSAGENDA Mayor Pro Tempore Thibodeau thanked Fire Chief Black for her service to Town. She gave a Housing Taskforce Committee meeting update to Council and the audience. She stated that she would be coming off the Outer Banks Tourism Board, adding that her last 9 meeting would be later in the month and that she enjoyed serving on the Board. She stated that she attended the Dare County Commissioners meeting recently with Lee Nettles to request that the Commissioners approve the tourism impact grants that were approved at the Board level, which totaled over $1 million for different infrastructure around Dare County. She stated that she was looking forward to the upcoming Yuletide Councilor Lingard thanked Fire Chief Black for her service to the Town. He stated that he had not been to an Albemarle Transportation Committee meeting SO he did not have an update. He added that he was. looking forward to the Yuletide Celebration. Councilor Whitman wished Fire Chief Black good luck and welcomed Deputy Fire Chief Matthew Dudek. He reminded everyone that beach planting and soundside clean up would be taking place later in the week. He added that he was looking forward to the Councilor Chasen thanked Fire Chief Black for her service to the Town. She stated that she was looking forward to serving on the Outer Banks Tourism Board and added that Councilor Lingard will enjoy serving on the Government Access Channel Committee. Celebration on December 7, 2024. Yuletide Celebration. OTHER BUSINESS Additional Public Comments Mayor Kingston opened the floor for public comments. Michael Rollin of 149 Plover Drive was recognized to speak. Mr. Rollin thanked Council and staff for making Duck a wonderful place to live. He wished Fire Chief There being no one else wishing to comment, Mayor Kingston closed the time for public Mayor Kingston noted that the next meeting would be the Regular meeting on Black good luck. comments. Wednesday, January 8, 2025 at 1:00 p.m. CLOSEDSESSION Mayor Pre Tempore Thibodeau moved to enter closed session pursuant to North Carolina General Statute Section 143-318.11(a)3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. Motion carried 5-0. The time was 3:04 p.m. 10 Upon return from closed session, Town Attorney Hobbs stated that Council discussed a legal matter, sought legal advice from him, and Council provided feedback and guidance tol him. ADJOURNMENT Councilor Whitman moved to adjourn the meeting. Motion carried 5-0. The time was 3:35 p.m. LorA. Town Clerk GH Don pis NOKTIIC CAROLINA BUCK 11