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, September 21, 2005.
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 Layton; Town Attorney Donald I. McRee, Jr.; Planning Director Suzanne Cotellessa and Deputy Town Clerk Lori Kopec.
The meeting was called to order by Mayor Schwarz at 1:00 p.m.
Mayor Schwarz stated that he had watched a benefit concert on Direct TV with a number of musical artists playing New Orleans type music. He stated that he had videotaped the concert and offered the tape to anyone that wished to borrow it.
Town Manager Layton stated that he has found a town to adopt – Dauphin Island, Alabama – to help. He stated the town is very similar to Duck as it is a tourist economy, is a barrier island and had received a decent amount of destruction from Hurricane Katrina. He gave a short background on the town to Council and the audience. He stated that Planning Director Cotellessa was the one that had found the town and he has been in contact with the town clerk of Dauphin Island. He stated that the town is worried about their economy bouncing back, but the biggest issue town-wise was that their public works department was taken out. He felt Dauphin Island would be a good town to adopt and help.
Town Manager Layton stated that he had received a telephone call from Jim Braithwaite who stated he was interested in doing some type of fundraiser at the Waterfront Shops for Hurricane Katrina victims and mentioned that he would like to have a band and would pay for it. At the same time, Mayor Schwarz suggested holding a fundraiser to raise money, and felt it would be good if the Town did something. Town Manager Layton stated he was having a problem with the band as it is difficult to have people watch and listen for a fee. He stated that the idea of a square dance came up and was bolstered by the fact that Mississippi has adopted the square dance as the official dance of their state. He stated the idea is to have an event where people will participate as opposed to just walking around.
Town Manager Layton stated that a caller has been located to play music and teach everyone to square dance. He stated that Jim Braithwaite thought it was good idea. He stated he wanted to speak to George Keefe and ask if the DCBA would get involved. He stated the date for the square dance is Saturday, October 8, 2005. He realized that it is short notice, but the Town will do the best they can. He stated that the proceeds would go to help the adopted town. He asked Council if they wished for staff to go forward and what parameters would need to be set. He proposed that if Council wished to go forward, he would like to have a meeting with Jim Braithwaite and George Keefe as well as a Council member, to finalize all the details.
Councilor Morrison asked what day October 8th is. Town Manager Layton stated it is on a Saturday. Mayor Schwarz pointed out that it is Columbus Day weekend and there are a lot of homeowner association meetings that weekend. Councilor Morrison stated he had went to one square dance and enjoyed it immensely.
Councilor Thibodeau asked if it would be held at the fire department. Town Manager Layton stated it would be held in the parking lot of the Waterfront Shops. Councilor Caviness stated the fire department would be the rain location for it. Town Manager Layton stated it would be held in the evening, closing off a portion of the parking lot and would be an incentive for the business owners to stay open late.
Mayor Schwarz asked where people would park for the dance. Town Manager Layton stated he wasn’t sure. Councilor Caviness stated that there have been square dances in Town two other times at the fire department and both have been over the Columbus Day weekend and were very successful. She stated that the fire department had approximately 150 people at the dance, with very little notice beforehand.
George Keefe was recognized to speak. Mr. Keefe stated that the DCBA would be happy to participate, but their charter prohibits them from contributing any funds to the effort.
Mayor Schwarz stated that the whole point of the effort is to raise money. He asked if people were charged for the other square dances at the fire department. Councilor Caviness stated that they did. Mayor Schwarz asked what the entry fee was. Councilor Caviness stated that each person was charged $10.00. George Keefe stated that it wouldn’t raise very much money. He stated that he had visited Dauphin Island and it’s a nice place, but wondered if they would benefit much from the dance at all.
Mayor Schwarz stated that the point of the benefit was not to rebuild the town but to help them. He stated if a small amount is raised, that’s fine, if a lot is raised, even better. He stated that he thought that the Town could get the merchants to contribute. He stated the whole point of the benefit is to raise money to be of some assistance to a town that needs it. He stated that if the situation were reversed, the Town would welcome any help they could get. He stated the Town needs to figure out how to get more than just the people coming to the square dance to donate to the effort. He suggested benefit boxes at the merchant locations. He thought the next step should be to ask the merchants for their support.
Mayor Pro Tempore Beres pointed out that the weekend of the square dance is also the weekend of many homeowner association meetings and the many homeowner associations could be asked to tell their memberships. Town Manager Layton suggested the Town match the funds. Mayor Schwarz agreed.
Town Attorney Ike McRee stated that the Town has to spend public money for public purposes. He thought that making a donation to a town would be ok for public money, but there may be implications. He stated that there are towns that are willing to take on such a challenge. He cautioned Council to be careful as to how they proceed with it and where it is going. He stated he is comfortable with the funds going to a local government even if it is in another state. He stated that some may view the fund raiser as not being used for public purposes.
Councilor Caviness stated that Town Manager Layton had mentioned that the town of Dauphin Island had their public works department wiped out. She suggested that there may be a specific piece of equipment they would need replaced that the Town could raise money for and have the company that makes it pick up the rest of the cost. Mayor Schwarz suggested a Council member work with Councilor Caviness and staff. Mayor Pro Tempore Beres stated he would be happy to help. He felt the guidelines should be to think big. Councilor Caviness reminded Mayor Schwarz of the very short time period. Town Manager Layton stated it would have to be advertised quickly. Councilor Caviness felt that advertising would not be a problem, however efforts to approach subdivisions and businesses may be not be pulled off in a short period of time. Mayor Schwarz thought it could. Councilor Caviness disagreed and didn’t feel it would be done well. Mayor Schwarz stated that it could be done better but if the Town waits, it would be harder to raise money. He stated that it needs to be discussed how to get the people who are in Town for Columbus Day weekend to come to the benefit and donate.
Councilor Thibodeau asked if the merchants would be available to put out a donation box. She stated that real estate companies could put a flyer in their check-in packages. She wondered how the merchants would feel. George Keefe thought that the merchants would put out a donation box as they have donation boxes for the red wolves and felt that this would be a better cause. Town Manager Layton stated he was uncomfortable with the Town being responsible for a lot of cash. He stated he would have to talk to the Town’s auditors first.
Mayor Pro Tempore Beres suggested that Council feed any additional ideas regarding the fundraiser to Town Manager Layton.
Town Manager Layton stated that he and Councilor Caviness will be having a meeting regarding the fundraiser after the Council meeting. He invited one additional Council member to attend if they wished.
Councilor Morrison asked if a banner could be put up across Duck Road. Town Manager Layton stated a banner could not be made up quickly due to the time constraint. Councilor Caviness pointed out that they are expensive and it is hard to get a company to donate one.
DISCUSSION/CONSIDERATION OF THE HUD/DARE COUNTY SCATTERED SITE HOUSING GRANT
Mayor Schwarz stated he had received a letter from the Dare County Hurricane Recovery Mitigation Projects, asking the Town to participate in the HUD/Dare County Scattered Site Housing Grant. He stated that the Town has not participated in prior years. He asked Council for their thoughts. He stated the Town would have a difficult time fitting in with the program.
Mayor Pro Tempore Beres stated that it appeared to him that the unincorporated areas of Dare County need the grant more than the Town does.
Mayor Pro Tempore Beres moved to elect not to participate in the HUD/Dare County Scattered Site Housing Grant.
Town Manager Layton pointed out that the Town would have to submit a Disclosure of Civil Rights Complaints/Lawsuits. Town Attorney McRee wondered if the Holian complaint was an actual lawsuit as it was a complaint that was filed with an administrative body that stated that the matter should be closed. He suggested sending a copy of the letter from the Department of Justice with the form.
Councilor Caviness asked if the grant precluded people who are renting their home. She asked if it was for owner housing or rental housing. Town Manager Layton understood it to be for homeowners. Mayor Schwarz pointed out the section in the letter that discussed homeowners.
Motion carried 4-1 with Councilor Caviness dissenting.
DISCUSSION OF A FUND BALANCE POLICY
Town Manager Layton stated that an offer has been made to John Mascaro as the new Fire Chief. He stated that Mr. Mascaro has accepted the offer and the Town is finalizing the necessary reference and background checks. He stated that he expects Mr. Mascaro to start working for the Town on October 5, 2005.
Councilor Morrison asked where Mr. Mascaro is moving from. Town Manager Layton stated he is moving from Chicago, Illinois.
Town Manager Layton went on to review the results of research on a fund balance policy with Council and the audience by presenting a Power Point presentation to them.
Mayor Pro Tempore Beres asked that in the event of a major hurricane hitting the area, would the Town expenditures cover the immediate clean up with reimbursement from FEMA or other Federal agencies to follow. Town Manager Layton stated he was correct.
Councilor Caviness asked if a threshold of expense would have to be met before the expenses would begin. Town Manager Layton stated there wasn’t one.
George Keefe asked if there would be a disaster related expense for the general public to receive reimbursement. Town Manager Layton stated that debris cleanup on private roads would be a good example.
Councilor Caviness asked if the fire department or Town office floods, would they be reimbursable. Town Manager Layton stated there are a wide variety of expenses that could be reimbursed. He stated he would have to check into the exact items.
Mayor Schwarz suggested that Town Manager Layton hand out copies of his presentation to Council for their review.
Mayor Schwarz asked if a reassessment had been done on the Municipal Property. Town Manager Layton stated that he will follow up on it.
Mayor Pro Tempore Beres stated he had recently reviewed what the Town’s fund balance is. He asked what percentage would represent the Town’s current expenditures. Town Manager Layton stated that he estimated in the budget for it to be 27%. He stated he expects it to be more after the Town’s audit is completed.
Councilor Morrison asked if a recommendation would be made for a 100% fund balance. Town Manager Layton stated that reasonable minds could give him the direction that he needs. He stated that his original recommendation was for the Town to maintain between 10% and 70%. He stated that he would now pump the 10% up and is still comfortable with the 70%, but could up it to 75%.
George Keefe thought that it should be the Town’s responsibility to prepare for a catastrophic event. He suggested that the Town get comments from Dauphin Island as to how their fiscal future will be affected due to Hurricane Katrina. He felt that the Town was very similar to Dauphin Island and should prepare for a catastrophic event.
Mayor Schwarz asked Town Manager Layton what he wanted from Council for the next step. Town Manager Layton stated he wanted direction – specifically if something should be put together for the next Council meeting, if he should rely on Council for input and draft something from that for review, how much input Council should give him and how much he should do alone.
Mayor Schwarz reiterated that he wanted Council to review the presentation. He felt the next step would be to provide input to Town Manager Layton. He didn’t feel it would need to be ready for the next Council meeting. He stated that something could be done at the mid-month October meeting or the November meeting.
Councilor Thibodeau asked Town Manager Layton if he wanted comments in writing or at a public meeting. Town Manager Layton stated he would like direct input. Mayor Schwarz suggested that Council write on the presentation and give back to Town Manager Layton.
Mayor Pro Tempore Beres suggested getting input back to Town Manager Layton within the next two weeks so he can have material available for the October mid-month meeting. Town Manager Layton stated that was fine with him.
ADJOURNMENT
Mayor Pro Tempore Beres moved to adjourn the meeting.
Motion carried 5-0. The time was 2:30 p.m.
__________________________
/s/ Town Clerk
Approved: ______________________
_______________________________
/s/ Gene Schwarz, Mayor