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, June 15, 2005.
COUNCIL MEMBERS PRESENT: Mayor Gene Schwarz; Mayor Pro Tempore Allan Beres; Councilor Nancy Caviness; and Councilor Monica Thibodeau.
COUNCIL MEMBERS ABSENT: Councilor Neil Morrison.
OTHERS PRESENT: Town Manager and Town Clerk Christopher Layton; Planning Director Suzanne Cotellessa, Town Attorney Donald I. McRee, Jr., Fire Chief John Brock, Police Chief Dale Hamilton and Deputy Town Clerk Lori Kopec.
OTHERS ABSENT: None.
The meeting was called to order by Mayor Schwarz at 1:00 p.m.
It was consensus of Council to add Agenda Item 2, Consideration of FY 2005 Budget Amendments to the agenda.
Town Manager Christopher Layton was recognized to speak. Town Manager Layton stated that the Town is in the process of advertising for the kickoff public meeting for the NC 12 drainage study, held at the Pitts Center in Southern Shores on June 22, 2005 at 7:00 p.m. He stated the purpose of the meeting is to let the public know that both the Town of Duck and the Town of Southern Shores are aware of the flooding problem and are moving forward with the study and to get constructive input on areas that the Towns are not as aware of. He encouraged Council to attend the meeting.
Town Manager Layton stated that the Tuckahoe Subdivision has not been cooperative regarding where the Town could put water that floods at the entrance to the subdivision. He stated he had a lengthy conversation with the homeowner’s association president after having a heated conversation with the property manager. Both felt that the problem should be made a public spectacle to force NCDOT to act on it or else Duck Road should be closed during heavy rain events, both of which were not acceptable. He stated he finally received confirmation from the homeowner’s association president that they would not stand in the Town’s way if their easements were needed to be used to pump water to, but that they would not help the Town find the locations.
CONSIDERATION OF FY 2005 BUDGET AMENDMENTS
Town Manager Layton stated that as he was preparing for the end of the fiscal year, he was reviewing all of the budget line items and the only item he had a concern about was Sanitation. He stated he was concerned with the accrual. He stated he thought he had accounted for everything, but did not want to get slapped on the wrist again by the auditor. To be safe, he asked Council to consider and approve the budget amendment, which would put a cushion into the Sanitation line item.
Mayor Pro Tempore Beres asked what was meant by accruals. Town Manager Layton explained accruals to Council and the audience.
Mayor Pro Tempore Beres moved to approve the budget amendment as presented.
Motion carried 4-0.
DISCUSSION OF PROPOSED FY 2006 BUDGET
Mayor Schwarz asked Council for their comments or concerns regarding the FY 2005-2006 Budget.
Mayor Pro Tempore Beres suggested that Council take a look at alternative proposals to arrive at what Council feels is an appropriate fund balance amount or percentage. He volunteered to work with Town Manager Layton to get recommendations and bring them back to Council at a later date.
Councilor Thibodeau stated that Council has done a good job going through the budget and is very pleased with it.
Mayor Schwarz stated he had concerns about the budget. He stated that the fire chief vehicle was not voted clearly whether it should have been approved or cut from the budget. He stated that if Council did not have any objections to cutting the vehicle from the budget, he was fine with it. He wanted to make it clear that Council initially approved the vehicle at their first budget meeting. He stated the other item of concern was the Duck Trail construction. He stated that in earlier discussions, it was recognized that the Town would be giving up $50,000, but also recognized that the Town did not want to proceed with the expansion until it was clearer what was going to be done. He stated that he understood that now the Trail would be extended to the north, but there wasn’t any indication how far. He also felt it would be dangerous for pedestrians crossing the Trail in this direction. He urged Council to reconsider and stated he would not support the budget if the Trail extension was approved. He stated he appreciates that John Summers made an impassioned plea for the extension, but felt the money should be spent on something more useful. Mayor Schwarz recommended pulling the Duck Trail extension amount out of the budget and leaving an amount in for engineering.
Mayor Pro Tempore Beres stated that his understanding was that the Trail would be extended on both sides of the road throughout the Town. When the grant was applied for, it was a beginning to complete the extension. He stated the application was consistent with the Town’s concept of extending the Trail on both sides. He stated the north was proposed as an area to extend the Trail as there weren’t any flooding issues to contend with. He stated he had approved the extension and felt strongly with going forward. He stated he still feels that the project should move forward.
Mayor Schwarz asked how the Town knows there aren’t any serious engineering problems. He stated that it’s not known.
Councilor Thibodeau stated that the engineering problems were more than what the town had anticipated on the south side, so it was decided to extend the Trail on the north end. She stated that the Trail Committee stated that the Town had the $50,000 grant and should use it this year instead of wasting it and holding off until next year. She stated that she understood that by extending the Trail to the north, it would allow pedestrians to cross at a very open stretch of area away from the Village. She pointed out that if there is ever a boardwalk on the sound, it would be a good connector for it.
Mayor Schwarz disagreed that it was not a safe place for pedestrians to cross. He stated it would be a dangerous place for pedestrians. He stated he had a problem with the Trail essentially going “nowhere”. He stated that the only reason Council is considering this extension is because of the grant money. He stated if the money is returned, the Town could get it again next year. He stated that Council needed to look at where their priorities are going to be before considering the Trail extension grant. He felt that Council was leaving this item in the budget for the wrong reasons.
Councilor Caviness agreed that the area for pedestrians to cross on the north end was not a safe place. She asked what Mayor Schwarz would rather see for the Trail. Mayor Schwarz stated he would rather see the Town take a portion of the money and put it into an engineering study so the Town knows exactly what could be done on both ends of Town, more so on the south end of Town.
Councilor Thibodeau thought that the drainage study would show the hotspots for drainage issues for the Trail. Town Manager Layton stated that the original budget had funding for engineering and construction of the Trail to the south. As some of the engineers were out there, they realized it would be more expensive than anticipated. In conjunction with the Trail, the drainage study is going on and would be cheap to do a conceptual layout of the Trail from the south to the end, which would identify the hotspots. There would need to be additional engineering afterward for actual construction. He stated that some of the costs for this would be split with the stormwater study. He stated that $40,000 was set aside to do a conceptual layout, plus trying to look at the feasibility of a soundside boardwalk.
Councilor Thibodeau asked if the money that was budgeted for the stormwater study was actually budgeted for the stormwater engineering part. Town Manager Layton stated that some of it is set aside for it.
Councilor Thibodeau asked Mayor Schwarz if he was still in favor of extending the Trail. Mayor Schwarz stated he has never been in favor of extending the Trail on the west side. He stated he is in favor of fixing the Trail on the east side so it is safe. He stated the flooding issues on the east side are very serious and need to be addressed. He felt the drainage study should be a top priority to Council.
Councilor Caviness stated that the Trail is a wonderful amenity, but that Council has not prioritized how Council should spend the money for it. She stated that a soundside boardwalk was worth more of the Town’s attention than the extension of the Trail as the boardwalk would be more utilized. She suggested that Council figure out how to prioritize the spending for the Trail before any decision was made.
Town Manager Layton stated that Councilor Morrison had stated at the last budget work session that the Tourism Board would give the Town money for this project in the future but that the Town was not allowed to reprogram the money for something else now.
Councilor Thibodeau discussed with Council and the audience her reasoning why the stretch of area near the fire department would be a good area to extend the Trail as it would be a safe area for pedestrians to cross.
Councilor Caviness stated she still felt it wasn’t a safe area for pedestrians to cross. She stated that having pedestrians cross near the fire department would be a hazard due to the emergency vehicles coming in and out of the fire department.
Mayor Schwarz reiterated to Council that the point is still that Council is not sure where the extension of the Trail would end. He felt the issue should be studied some more to find out what can be done.
Mayor Pro Tempore Beres agreed that Council needs to get their priorities straight on the Trail extension.
Councilor Thibodeau stated that she felt that Mayor Schwarz feels the Town should never extend the Trail to the north. Mayor Schwarz stated that the only place that a trail is needed is on the west side and to the south. He stated that is where the majority of the population is. He stated it may cost a lot more than Council anticipates, but that Council shouldn’t just throw money away just to use it.
Mayor Pro Tempore Beres stated that the Town should have a plan in place to show what they could do with the Trail.
Councilor Thibodeau asked how the feasibility study of the soundside boardwalk factors in. Town Manager Layton stated it would be a new study that would be tied in to the conceptual study of the Trail. Councilor Thibodeau asked Mayor Schwarz if he wished to cut out the construction cost for the Trail from the budget. Mayor Schwarz stated she was correct.
Councilor Caviness felt that until the Town has the conceptuals and feasibilities for the Trail, the Town is putting itself at a loss to make the decision on the spending for the Trail. She felt confident that the taxpayers want the amenity maintained, improved and expanded if possible, but felt less confident that they would want it done in a haphazard way.
Town Manager Layton stated an alternative could be saving the final decision on commencing with the construction. He stated that the grant would be good for one year. He stated the Town has time to get through with the two options - doing a conceptual study, prioritize, and determine whether or not to move forward. He stated the Town could keep the money in the budget and show it or move it and anticipate appropriating money from the Fund Balance if the Town decided to use the $50,000. He stated the grant money would not be available until after July 1st.
Councilor Thibodeau stated she wanted to get the opinions of the Public Safety department on the extension of the Trail to the north.
Fire Chief John Brock was recognized to speak. Fire Chief Brock stated that having pedestrians cross on the flat stretch near the fire department would be dangerous as it is a passing zone for vehicles. He stated he agreed with Mayor Schwarz on not having the Trail extended in that area.
Police Chief Dale Hamilton was recognized to speak. Police Chief Hamilton agreed with Fire Chief Brock’s comments.
Mayor Schwarz moved to include $40,000 for the Duck Trail study on the west side, and allot the additional $50,000 to the Fund Balance. Town Manager Layton suggested appropriating the total amount from the Revenue Side, put $50,000 in the Fund Balance and keep $40,000, reducing the budget by $50,000. He stated that once the Town receives the notice for the grant, it can be appropriated back into the budget then or if it is decided to be used immediately, it could be appropriated right away.
Mayor Schwarz stated that his motion was to put $40,000 for the Duck Trail study on the west side, move $50,000 into the Fund Balance and remove the grant funds line item.
Councilor Caviness asked if the proposed study would pertain to the west side of the road. Mayor Schwarz stated she was correct. She asked if it was appropriate at this point. Town Manager Layton stated it was.
Mayor Pro Tempore Beres asked Town Manager Layton what his suggestion would be to General Fund appropriations and estimated revenues to the General Fund. Town Manager Layton stated that by removing the Visitors Bureau grant, it would reduce the Budget by $50,000. He stated that $100,000 would be removed from the Duck Trail construction with $40,000 becoming part of a feasibility study, $50,000 would go away and $50,000 would go into the Fund Balance.
Mayor Schwarz suggested that Council vote on it before Town Manager Layton makes any changes to the Budget. Town Manager Layton reviewed with Council what his proposed changes would be to the Budget by reducing it by $50,000. He then asked for a five minute recess to make his changes before Council votes.
The time was 2:20 p.m.
Mayor Schwarz reconvened the meeting. The time was 2:39 p.m.
Town Manager Layton presented Council with the revised Budget Ordinance, the summary for revenues and the summary for expenditures. He went on to review his changes with Council and the audience.
Motion approved 4-0.
Mayor Pro Tempore Beres moved to approve the revised Budget Ordinance for the Town of Duck for Fiscal Year 2005-2006 as amended and presented.
Motion approved 4-0.
Mayor Schwarz and Council thanked Town Manager Layton and his staff for all of their hard work in putting the Budget together.
Mayor Schwarz recommended that at Council’s next regularly scheduled meeting, that Town Manager Layton provide an update on the Municipal Property.
Town Manager Layton stated that the Municipal Property Advisory Committee is meeting on June 17, 2005 and he would be meeting with the architect on June 16, 2005. He stated that after these meetings, he will have new conceptual plans. He stated that the architect will more than likely recommend that nothing in the Rodgers House is worth saving. He stated that the recommendation from the Municipal Property Committee was to try to save something from the house. He stated he plans to have the Rodgers House as an action item to make it clear that the house will come down completely.
Mayor Schwarz stated that the Shoreline Protection Committee’s next meeting will be June 21, 2005 at 5:30 p.m. in Kitty Hawk.
ADJOURNMENT
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 4-0.
The time was 2:50 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor