So far, two comments have been received, actually one was in the form of a direct email. Both have brought up pertinent questions that deserve consideration.
1. Regarding Ocean Rescue: "My questions are for Liability to the town for reduced coverage? Are there liability issues we should be aware of and taken into consideration, especially if rental companies have already gone to print with local information provided about beach coverage for the upcoming season? The pre-season time-frame is more popular with families with young children, due to slightly lower rental fees".
2. Consolidation: Actually a statement you can review by selecting the comments key on this blog.
Ocean Rescue: Indeed, liability regarding this service has been much discussed. In fact, the only way the town's liability could have been eliminated is to never have provided the service. A lawsuit was actually filed once involving an incident on our beach about 300 yards North of Kitty Hawk Pier. At the time, Nags Head Ocean Rescue was the service provider and I believe they bore the brunt of the suit.
So, it would seem that no matter what the situation is, people can file suit if they can find an attorney willing to take the case. The concern here is, since the service has been provided in the past and performed between specific dates, should there be more concern for liability during a period where service has been reduced or eliminated?
I'm not an attorney, nor do I purport to practice law in any form. But I have attended classes and seminars in the past related to the laws and liability issues surrounding the Fire Service (served as Chief of the SSVFD from '90 – '97). In Dare County the general practice is for the Fire Departments to provide this service, as in Nags Head, Kill Devil Hills, Kitty Hawk, and Duck.
What I learned in those classes was,that the primary questions in the event of a lawsuit are: What is the standard practice of the area? What do neighboring districts do in such incidents? What are their procedures? If it could be said that an agency's coverage and procedures were out of step with, or severely departed from common practice, a lawsuit would not go well for that agency.
In this case, we would most likely be compared directly to the Duck and Kitty Hawk services. I believe the coverage schedule for both has been the same in all three districts (including TOSS): May 1 through October 15. I am not aware of the existing procedures in all three areas, but since Duck uses the same contractor as Southern Shores, I'm certain the procedures have been the same here, up to this point.
Another issue that comes into play is the concept of Mutual Aide. Whether by formal agreement or otherwise, neighboring emergency services generally will provide coverage or resources for special situations whenever available on a “like/kind basis”. Mutual Aide agreements assume similar resources such as equipment and personnel are available. Ocean Rescue service is seasonal be nature and usually employees non-residents.
If neighboring districts know that budgetary cuts were made to economize the service in Southern Shores, will they still be willing to commit their personnel or resources to help cover an incident when they know our town will not be able to reciprocate? If substantial changes are made to our service structure we'll have to wait and see.
When it comes to the effect on rental reservations, I'm not certain what the result could be, but the I'm sure the effect would not be immediate. Any discontent or reluctance to rent properties in our town would mostly be noticed in subsequent years. I don't know of any contractural obligation to provide lifeguard service in the area. But, with 22 years in the industry, I believe it would be a consideration, especially since the advertising for most of these properties specifically targets families.
Consolidation: A complex topic that recurs on a regular basis in Dare County. Interestingly, the taxpayers/voters in neighboring Currituck County had the perfect opportunity to resolve a lot of future issues in the recent referendum that would have allowed Currituck to incorporate as one governing entity. Why that referendum failed I will never truly understand. It would have eliminated the possibility of ever incorporating any towns.
Since I moved here in 1984, I believe there have been at least two serious attempts to bring this concept to reality. If my memory is correct, at one time there was an organization or committee formed to work out a plan. Nothing substantial has ever come from those efforts.
To some degree, local fire and rescue agencies will occasionally work out some group purchases of supplies and equipment. But nothing formal has ever developed out of that.
When given consideration in the past, it was assumed that consolidation would result in a substantial change in the tax structure in Southern Shores. Just in considering the SSVFD, ourservice cost is approximately half that of Duck and is all volunteer. Most likely a county wide system would not evenly cover all districts, specifically, in Southern Shores it would not make sense to man two separate stations. Depending on which existing station was eliminated about a third of Southern Shores or half of Martin's Point would be outside of the “four mile limit”. This could cause an increase in their insurance rate of up to 25%. In my case (though I believe I would be covered either way) that would be a $700 increase in my insurance premium, nearly double my town tax. Check with your own insurance agent for a more accurate estimate.
Where this problem really stands out for us, is that in the other municipalities, their ad velorum tax represents 50+% of their overall budgets. In Southern Shores it is currently only 37%. I can't see how our citizens would benefit from consolidation as it currently stands.
We've probably just had an opportunity for such an experiment slip by us. With the recent resignation of Duck's Police Chief. It would have made sense to explore the possibility of combining our two police agencies. I believe Chief Kole would have been both capable and acceptable to the Town of Duck, but given the perception of political turmoil here, such a concept might have been doomed from the start.
Have I been fair in this topic? Do I appear to biased? Certainly there are more aspects of consolidation to explore, I really don't think I can “do justice” to this topic in so few words. What do you think, should we be exploring this?
Dave,
ReplyDeleteGreat blog and really excellent post on unincorporating SS. A couple of thoughts from a little further south. A state law generally grants municipalities immunity from lawsuits. The exception is that they may be sued up to the limits of any insurance they carry. Most towns carry insurance to deal with accidents and situations outside their control. You are correct that Nags Head was sued over an ocean rescue incident in SS. The suit was settled and Nags Head insurance rates skyrocketed for the next few years.
SS is not required to provide lifeguards and could drop the service if they desired without increasing there real exposure to law suites. In fact you might see reduced liability since people drown even when their are lifeguards. If they now the beach is not protected then presumably they accept a greater responsibility. (See Cape Hatteras National Sea Shore, swimming allowed in all areas without guards). Anyway, the reason to keep guards is becuase the voters and taxpayers want them not some trumped up liability issue. As you note you can be sued by anybody with a greedy attorney (sorry that was redundant).
Note 2. I believe you are incorrect about the percentage ad valorum tax provides to other municipal budges in Dare County. In 2007-2008 budget ad valorum taxes are 36% in Nags Head. There is a pie chart on the website. In KDH the number is 40%. With that small correction, I think your analysis is on track. The different service levels chosen by each town would either raise costs or reduce service across the board. I expect a consolidated town would try to provide the highest level of service in each area and would, as you can imagine, raise taxes in SS dramatically.
The other impact of consolidation is the loss of voter control. Local elections in NH and SS involve a lot of personal contact and don't revolve around advertising and money. In a consolidated town it would be much harder to touch a meaningful number of voters and interest groups, claiming to speak for the majority, would gain a great deal of influence. To me this is the biggest argument against creating bigger government, lose of local control.
Thanks for your blog, keep up the good work.
Bob Muller (AKA bobxnc at View from the Ridge)