TOWN OF DUCK
TOWN COUNCIL
REGULAR MID-MONTH MEETING
The Town Council for the Town of Duck convened at the Duck Municipal Offices at 1:00 p.m. on Wednesday, May 19, 2004.
COUNCIL MEMBERS PRESENT: Mayor Gene Schwarz; Mayor Pro Tempore Allan Beres; Councilor Nancy Caviness; Councilor Monica Thibodeau; and Councilor Neil Morrison.
OTHERS PRESENT: Town Manager and Town Clerk Christopher J. Layton; Town Attorney Donald I. McRee, Jr.; Police Chief Dale Hamilton; Deputy Fire Chief Donna Black; Charles “Tootie” Sherry and Administrative Assistant Sandy Cady.
The meeting was called to order by Mayor Schwarz at 1:00 p.m.
Mayor Schwarz stated that the Town Historian, Lee Morrison, had tendered her resignation. He asked Council to give their recommendations for a new historian to either Chris Layton or him so it can be put on the June agenda.
Mayor Schwarz stated that at the last Control Group meeting, it was discussed that each town provide an information person to sit in during the emergency sessions. He asked Council to let him know if there is someone they know who would be interested in becoming the information person for the Town. Councilor Thibodeau asked what the person would be doing. Mayor Schwarz stated the person would be in Manteo and would pass on information to the Town and to the information specialist during a hurricane. Councilor Caviness asked if it was change from their previous policy. Mayor Schwarz stated it wasn’t.
Mayor Schwarz introduced Chuck Poe from the CDC to Council. Town Manager Layton stated that the CDC made a request to all the towns for support in the amount of ten thousand dollars. He stated he recommended one thousand dollars for the budget.
Chuck Poe was recognized to speak. Mr. Poe gave an overview of their organization to Council and spoke of affordable housing on the Outer Banks.
Councilor Thibodeau asked for the definition of inclusionary zoning. Mr. Poe stated it is an ordinance that is bound however a municipality would like to deal with it. He then went on to give examples of inclusionary zoning.
Councilor Caviness asked if the CDC has a board of directors. Mr. Poe stated the CDC does and that the organization is a 501(c)3, a private non-profit organization with twelve board members.
Mayor Schwarz thanked Mr. Poe for his time.
Town Manager Layton stated that in April he was asked to do research on the request of the Town taking over the personnel functions of the paid staff of the fire department and bring back his findings to the work session for discussion. He stated that as he has gone through his research, he spoke to many people to give him a better understanding. Town Manager Layton then gave an overview presentation to Council.
Mayor Schwarz asked if having the inclusion of the Board of Directors is a typical situation or would it be an unusual situation. Town Manager Layton stated that the inclusion of the Board of the Directors is normal with a volunteer fire department.
Mayor Schwarz pointed out on the organizational chart that there wasn’t a line from the Fire Chief to the Town Manager. Town Manager Layton stated it was a mistake on his part. He stated the Fire Chief would report directly to him.
Councilor Morrison asked if the fire department and police department would continue to share an administrative assistant or if it was a temporary issue. Town Manager Layton stated it was temporary for now. If the transition does take place, it will be tried to be worked out that the administrative assistant would support both departments permanently. If it doesn’t work, then the administrative assistant would be pulled back to work for the police department only. Town Attorney McRee stated it was not an unusual occurrence to have an administrative assistant share duty with two different departments.
Councilor Caviness asked if the administrative assistant would be supervised by both chiefs. Town Manager Layton stated there would be some overlap, but the police chief would have the primary supervisory responsibility.
Town Manager Layton stated the biggest issue is that that administrative assistant has to be designated as part of the police department in order to have DCI. Police Chief Hamilton stated it would not be allowed if she just worked for the fire department.
Town Manager Layton stated if Council wished to go forward, a memorandum of understanding would need to be in put in place. It should not be designed to overly regulate how the understanding would work, but would spell out specifics so the fire department is clear of the roles and responsibilities as they evolve. Town Manager Layton then reviewed the rules and regulations with Council.
Councilor Caviness asked if a position is changed, would it come before Council. Town Manager Layton stated that any changes to positions would have to come through Council.
Mayor Schwarz asked if the Board would be allowed to hire someone through their discretionary fund. Town Manager Layton stated that if they wanted to do it through their discretionary fund they would have the authority to do that. Councilor Thibodeau asked what kind of person it would be. Mayor Pro Tempore Beres stated it could be someone who could sell the t-shirts.
Deputy Fire Chief Black asked if the fire department needs another part-time person for maintenance for the summer, would the Board hire this person through the discretionary fund. Town Manager Layton stated she was correct.
Councilor Caviness asked if Town Manager Layton does all of the performance reviews or does Planning Director Cotellessa do Administrative Assistant Cady’s and Police Chief Hamilton do all of the officer’s. Town Manager Layton stated he has done Administrative Assistant Cady’s, but does not do the police officer’s. He stated that all the employees develop goals and objectives and their pay increases are based on how they have met those goals.
Mayor Schwarz asked if Town Manager Layton foresees a time when he would be ordering supplies for the fire department instead of having the fire department do it separately. Town Manager Layton stated he could see it further down the road.
Councilor Thibodeau asked if maintenance of the fire department would be taken out of the discretionary fund. Town Manager Layton stated it would be part of the amount the fire department already budgeted for.
Mayor Schwarz asked Town Manager Layton to give Council the disadvantages of assuming the personnel management. Town Manager Layton stated that even with standard operating procedures, ultimately he is assuming risk of failure to respond in certain circumstances. He stated the Town may not always see eye to eye with the Board of Directors, which could cause friction.
Mayor Pro Tempore Beres asked about the issue of liability the Town will be facing. Town Attorney McRee stated that Town is taking on responsibility for fire service, prevention and response. Also, the Town will have employees responsible for the maintenance of the equipment. The Town could be drawn into a lawsuit if there is a breakdown of the equipment. These things need to be worked out in the memorandum of understanding. He cautioned to be careful with the insurance carrier and have them understand and give thoughts on the best way to insulate the Town from exposure to liability.
Mayor Schwarz asked for the representatives of the fire department to voice their concerns/opinions.
Deputy Fire Chief Black thanked Council for spending the time talking about the issue. She stated the fire department is at a point where they need help from the Town. She stated they are having difficulty managing themselves due to the changing demands. She went on to give an overview of the fire department functions. Deputy Fire Chief Black stated they have started looking at their bylaws and realize it needs to be changed.
Mayor Pro Tempore Beres asked what will be the main responsibilities between the Board and the Fire Chief on an ongoing basis. Deputy Fire Chief Black stated the Chief’s expectation from the Board is that he runs the department but comes to the Board for help or the budget. She stated it’s not more than what is expected of him now.
Mayor Schwarz asked Charles “Tootie” Sherry if his concern was that the areas that need to be covered are covered for the Chief and the fire department. Mr. Sherry agreed. He stated he doesn’t see too much of a change. He stated that the relationship should be a working one between the Town, the Board of Directors and the Fire Chief.
Mayor Pro Tempore Beres asked if the position description for the Fire Chief reflects any specific functions between the Chief and the Board of Directors. Deputy Chief Black thought it was more toward the volunteers and addresses coordination with them. She stated the Board represents the volunteers. Town Manager Layton went on to read the specifics of the description to provide clarification.
Mayor Schwarz asked for comments on the position description. Mr. Sherry stated he had only skimmed it and didn’t see anything that needed changing. He stated it was more detailed than what the Board has in place presently. Councilor Thibodeau suggested that Mr. Sherry review the description and make sure it covers everything that is needed.
Mayor Schwarz asked what the next step is for the fire department. Deputy Fire Chief Black stated it would be based on what Council wants to do. She stated the fire department only has to change the bylaws. She stated that she hopes Chief John Brock is on board with the change. She stated she wants him to be clear with Town Manager Layton so that things can be worked out smoothly.
Councilor Morrison asked if the fire department’s operations are going to be looked at by the Town’s auditors. Town Manager Layton stated the auditors will include the fire department as a unit of the Town in next year’s audit, similar to how Dare County’s budget includes the school board. Deputy Fire Chief Black stated the fire department gets audited and Town Manager Layton receives a copy of the audit.
Councilor Thibodeau asked if the benefits would be different than what the fire department receives now. Town Manager Layton stated the Town’s benefits are richer. Mayor Schwarz asked if there would be a problem transitioning from the fire department’s benefit package to the Town’s. Town Manager Layton stated it would not be a problem.
Councilor Morrison asked if the fire department anticipates adding additional paid employees in the next few years. Deputy Fire Chief Black stated she does anticipate it.
Councilor Thibodeau asked how many members are with the fire department. Deputy Fire Chief Black stated there are about thirty members, but it fluctuates. She stated only four members are EMT’s and EMS help could be needed further down the line. Town Manager Layton stated he had a meeting with Chief Brock and that he has EMT training. He stated that if the position was brand new, he would want the Fire Chief to have his EMT to be a first responder. He would expect Chief Brock to respond to EMS calls as well as fire calls.
Councilor Thibodeau asked if the fire department will be providing a weekly summary similar to what the police provide. Town Manager Layton stated he would be asking for the reports. He stated he has asked Chief Brock to come to the weekly staff meetings as well.
Mayor Schwarz asked Council what their feelings were on going forward. He felt they should give the fire department a sense on whether Council will go forward on this or not. It was consensus of Council to move forward on the issue.
Mayor Schwarz asked what the next step would be. Town Manager Layton stated he would like to see an agreement of the change in bylaws. Concurrently, a memorandum of understanding could be started. He stated he would like to see the bylaws changed and approved by the Board. Mayor Schwarz asked what the timeframe would be. Deputy Fire Chief Black stated she would like to have the Board vote at their June 1, 2004 meeting on the bylaws change. Town Manager Layton stated that if the bylaws are changed, at the July meeting, a memorandum of understanding could be ready for discussion and possibly adoption.
Councilor Thibodeau asked how it will affect the budget and would it disrupt anything during the heavy call volume time. Town Manager Layton stated it should be a cosmetic change. Deputy Fire Chief Black stated it should be just a money transfer on paper for the Town and it should not affect the fire department. Town Manager Layton stated that as far as the budget is concerned, it will only change how the money is shown.
Councilor Caviness asked if the timeframe works with Town Manager Layton and Fire Chief Brock. Town Manager Layton stated it was aggressive but doable.
Pat Scarlett was recognized to speak and thanked Council for their consideration.
Mayor Schwarz recommended a ten minute recess before proceeding to the work session.
The time was 2:30 p.m.
Mayor Schwarz then reconvened the meeting at 2:40 p.m.
WORK SESSION ON PROPOSED FY 2005 BUDGET
Town Manager Layton stated that revenues should be fine as they are and may not need to be reviewed. Mayor Schwarz asked Council if they had any questions on the revenue portion of the budget. Councilor Thibodeau stated the occupancy and sales tax projected for the coming year is under and wondered if the same tactic would be taken for next year. Town Manager Layton stated his goal is to be conservative and to get the fund balance up. He felt that a one hundred percent fund balance is a target to look toward.
Mayor Schwarz asked if the conservative estimate towards occupancy tax and sales tax will offset the lower rates because of the Town of Southern Shores raising their tax rates. Town Manager Layton stated it is conservative with or without Southern Shores raising their tax rates.
Councilor Thibodeau asked why Southern Shores is raising their tax rate. Mayor Schwarz stated they want to maintain a sixty-six percent fund balance. Town Attorney McRee stated that Southern Shores’ Town Manager pointed out that they do not have a capital improvement fund and the streets and roads needed to be improved.
Mayor Pro Tempore Beres stated he had a discussion with Town Manager Layton regarding the fund balance and how to show it on the revenue and expenditure sides. He asked if at the end of the year, there is more money than shown, how would it be treated. Town Manager Layton stated he did not see the need to amend the budget on the revenue side. He stated he looks at the actual figures from the year before to give him an idea on how to show it. Mayor Pro Tempore Beres asked how it is shown on the expenditure side. Town Manager Layton stated the expenditure side would be equalized to balance the budget. He stated the fund balance should not be expended so it will never need adjustment.
Mayor Pro Tempore Beres asked how Council could keep track of the budget during the course of a year. Town Manager Layton stated he gives Council a monthly statement with the revenue items listed and he gives them an exact reconciled balance each month.
Town Manager Layton reviewed the expenditure side of the proposed budget with Council, going over each fund with them.
Mayor Schwarz asked when the transition for the fire department would start for the budget. Town Manager Layton stated he would not make any changes until Chief Brock starts.
Councilor Caviness asked what was in the “Communications” fund. Town Manager Layton stated it is a broad category but includes postage. Councilor Caviness asked if the website is included in Communications. Town Manager Layton stated the website is a separate entity.
Councilor Thibodeau asked why the advertising cost will be going down. Town Manager Layton stated he would like to compartmentalize the advertising.
Mayor Pro Tempore Beres asked what the Capital Outlay under Administration would be for. Town Manager Layton stated it was for additional filing cabinets and office furniture. He stated it could also include miscellaneous computer equipment as well.
Councilor Caviness asked what Professional Services under Administration is for. Town Manager Layton stated it was for surveys that were done. Councilor Thibodeau asked if Professional Services will be compartmentalized. Town Manager Layton stated they would be.
Mayor Schwarz asked if changes to the budget will be adopted at the June meeting or at a mid-month meeting. Town Manager Layton stated it could be done either way.
Councilor Thibodeau asked why the Actual to Date on the Capital Outlay under Police was so low when the budgeted amount is so high. Town Manager Layton stated that four or five police cars did not have the payments in yet. Chief Hamilton stated the police will be purchasing mobile data computers, which will run about sixty-five thousand dollars with the software taking the rest of the amount that is budgeted for.
Mayor Schwarz asked if the police will have video cameras in the squad cars. Chief Hamilton stated that video cameras are a priority but he does not anticipate a lot of funding for it. Councilor Thibodeau asked if the police were happy with the squad cars they have. Chief Hamilton stated they are pleased with the vehicles, but the downside is servicing the vehicles due to the scarce amount of Ford dealerships. He stated that for general maintenance, they take the vehicles to Victory Chevrolet.
Mayor Schwarz asked what the increase in the Fire Department’s budget was for. Town Manager Layton stated it was an operational increase that was recommended by the Fire Department.
Councilor Thibodeau asked how the budgeted amount for the fire department relates to the amount they used to receive before the Town incorporated. Town Manager Layton stated it is comparable.
Mayor Schwarz asked if a preliminary analysis was done for the fire department for personnel costs. Town Manager Layton stated that between eighty to one hundred thousand dollars would come out for personnel costs depending on how Administrative Assistant Shanon Doughtie’s position is handled. Mayor Schwarz asked for clarification. Town Manager Layton stated there is an administrative position for the police and one for the fire department. He stated the money would most likely be split if it works out.
Councilor Caviness asked if the Administrative Assistant position for the fire department has to be paid through the police department. Chief Hamilton stated the funding would come from the Town and it shouldn’t matter if it’s shuffled around. Mayor Schwarz stated there should be no reason to have the salary come out of two budgets. Councilor Caviness thought there would be. She felt it should be shown as a shared position. Chief Hamilton stated by showing it as a shared position it shows it’s in support of the fire department. Town Manager Layton recommended transferring a portion of the fire department’s budget to the police department.
Councilor Morrison asked how much the part time employees are paid. Town Manager Layton stated they are paid by the hour. Mayor Schwarz asked if there would be position descriptions for the part time employees. Town Manager Layton stated descriptions will have to be developed.
Mayor Schwarz stated the Duck Trail needs work in that it is presently a safety issue in certain areas. Councilor Thibodeau asked if the Duck Trail will be repaved in large amounts, all at once or on an as needed basis. Town Manager Layton stated there are two separate issues to contend with. The safety issue is where the trail floods and pedestrians have to walk on the side of the road. The trail will need to be repaved at some point. Councilor Thibodeau asked if it would be repaved all at once. Town Manager Layton stated he wouldn’t expect to see it done all at once and planned to have it repaved over a number of years. Mayor Pro Tempore Beres asked if Mayor Schwarz’s concern is addressed in the budget. Town Manager Layton stated it wasn’t. Mayor Schwarz suggested addressing the issue. He asked if the safety issue should be addressed in the budget. Mayor Pro Tempore Beres stated he felt that Town Manager Layton wants to keep the budget the way it is and re-examine the issue at a later date. Town Manager Layton agreed.
Mayor Schwarz asked what the bulk trash pick up dollar amount came to for the spring pick up. Town Manager Layton stated that Waste Management charged two thousand nine hundred dollars, but that he did not have the tipping fees yet.
Mayor Schwarz asked if the salaries for the Planning Board members should be put in the Planning and Zoning budget. Town Manager Layton stated the budget needs to be adjusted to put the salaries in there. Councilor Morrison asked what the seventy-one thousand dollar request under Professional Services was for. Town Manager Layton stated the money was requested for the boardwalk study. He stated he pulled it out due to it being grant money not yet received.
Mayor Schwarz asked if the thousand dollars requested for the CDC is enough. He asked if the Town should contribute. Town Attorney McRee stated that the Town of Nags Head contributes ten thousand dollars over a period of years. He stated that he wasn’t sure if any other towns were contributing. Councilor Thibodeau stated that Mr. Poe had said that Dare County was contributing one hundred thousand dollars. Councilor Caviness felt it was important for the Town to make some level of contribution to the CDC and was in favor of the contribution. Councilor Morrison stated he had no objection to making the contribution. He asked if there would ever be any affordable housing built in Duck. Councilor Caviness stated she wasn’t sure but that the Land Use Committee has been discussing it. Councilor Thibodeau felt the contribution would be a good faith one. Mayor Schwarz felt it may not be worth it to make a contribution to the CDC since there is no affordable housing in Duck. Council went on to discuss the issue at length. It was consensus of Council to contribute one thousand dollars.
Mayor Schwarz asked for other items.
Councilor Caviness stated that Deputy Fire Chief Black had won the Volunteer of the Year award from Dare County EMS. She stated that Council could see the presentation on local cable channel 20 at 9:00 p.m. Mayor Schwarz asked if Deputy Fire Chief Black will be recognized at the next Council meeting. Town Manager Layton stated she would.
Councilor Thibodeau stated the Town was mentioned in the magazine Coastal Living and she would bring in the article to show the other members.
Mayor Schwarz reminded Council of Town Hall Day, held on Wednesday, June 9, 2004. He asked Council to let Town Manager Layton know if they are interested in attending.
Town Manager Layton stated he would make the changes to the budget and apologized for the errors. He stated that Tuesday, June 8, 2004 at 7:00 p.m. will be set aside for the first municipal property meeting. It will be held at the Duck fire department and encouraged Council to attend.
Mayor Schwarz asked for any other comments. There being none, he asked for a motion to adjourn.
ADJOURNMENT
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 4:55 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor