Kill Devil Hills’ first commissioners’ meeting of the month was marked by more split votes and angry comments from the two commissioners left from the pre-election board, Paul Buske and Bob Woodard, who find themselves in the minority in much voting.

Probably the most contentious issue regarded “qualifications for town attorney.” Dan Merrill’s firm currently represents the board and has a pre-paid contract until September. The town had received qualifications (application for the position and summary of experience) from several out-of-town attorneys and the firm of Sharp, Michael and Graham, with Steve Michael expected to be the active partner for town legal issues if a change in attorney is effected. Michael’s firm represented citizens who sued the town over the permitting of the new Lowe’s store, and Woodard said he hoped the proposed change in attorneys was not a political issue.

Mayor Sheila Davies responded to this heatedly, noting that when the town hired Merril, again changing attorneys, that Mayor Sturza said he wanted a change. “My position is I want a change in town attorney,” she said. Woodard and Buske’s position was that Merrill was the most experienced and qualified of the applicants. “I’m inclined to believe that this is more political than the town attorney’s qualifications,” Woodard responded. Com. Brandi Rheubottom said she would be more comfortable with someone who had higher “moral standards,” to which Merrill responded, “What is your basis for questioning my morality?” There was no response to this. Com. Mike Hogan said he was in support of the mayor. Buske noted that they were a five-member board, and changing attorneys should not happen just because it is what the mayor wants. The issue of money was also discussed, and the dissenting members said nothing in the applications mentioned fees, and the town would lose money on the pre-paid contract without being assured of a new attorney’s fees being the same or less than the town now pays. Davis said she had seen a contract for services from Michael’s firm with another town and it was on a par with what they were paying. She said she thought a similar fee schedule could be effected with Kill Devil Hills.

As expected the vote to hire Michael’s firm was split, 3-2.

The other contentions issue was in regard to hiring an outside firm to do a staffing study. The pre-election board had voted for this and chosen a firm just before two members left office, and this decision was immediately overturned when the new members took office. Davies said she thought the staff should be given a chance to do a study of their own. Buske and Woodard’s position was that an outside firm could do a more thorough and unbiased job. Asked how the staff would go about such a study, Debra Diaz, town manager, said they would use the outline proposed by the firm chosen by the old board. Again the motion to hire an outside firm failed 3-2, and the motion to direct the staff to do a study passed 3-2.

Another issue discussed was the proposed public-private parthership with Aqua America which proposes that the company purchase a large wastewater treatment plant in the town and donate the lines and lift stations to the town, which would become responsible for them after Aqua America makes repairs. Currently, there are problems with open sewage associated with the lift stations. The town does not believe it is in a position to buy the plant now, but would have the option to do so in 20 years, making it a municipal system. The board voted unanimously to ask the company for a written agreement as the next step moving forward on this issue.

Another issue on which there was disagreement was resolved amicably. It involved a resolution opposing designating red drum, striped bass and spotted trout as game fish. Rheubottom and Hogan supported the environmentalists and recreational fishermen who favor the change, but Hogan said he would not vote against the resolution. Buske and Woodard opposed the change and favored the resolution because of the effect it would have on commercial fishermen. Davis supported the measure and it passed.

In other business, the board:

* Turned down a request to accept donation of a landmark at 2001 Virginia Dare Trail because of the cost to the town which would have to provide a site and renovate the structure;

* Voted in favor of a motion to release information on the suspension of the police chief and his subsequent reinstatement passed over the objections of Buske and Woodard who thought it might make it hard for him to do his job and it was an improper to make personnel information public. The attorney handling the matter for the town recommended the board approve this because of questions from the media. This was another 3-2 vote.

* Set a date of Feb. 3, 1:30-5 p.m., at the town hall for a board retreat;

* Set Feb. 13 for a public hearing on a zoning achange to allow  astrology and tarot card reading businesses in the town. Resident Howard Kimble spoke against it, saying it would not promote a positive image for the town and would open up an opportunity for con artists and others to take advantage of citizens. Richard Baer, to whom the prospective business owner had applied for rental space, said it was not fair to forbid it just because of a few bad apples. He said he had investigated the owner and found her acceptable. Martin Fabricant, speaking for the planning board which recommended the change, said he thought it was a “touristy thing;”

* Approved a change in wall sign regulation to make it consistent with historic interpretation;

* Heard from auditor Teresa Osborne who gave the town an unqualified opinion, the highest.The town’s fund balance is $4.8 million which represents 42 percent of expenses. This is less than the statewide average of 70 percent;

* Heard from officer John Towler who asked the board to support the Feb. 25 Penguin Plunge which will benefit the YMCA’s program to provide memberships for young people who cannot afford it. Davis and Britt will “take the plunge,” and Woodard said he would support the mayor but would not take a winter dip in the Atlantic Ocean himself.

The next meeting is set for Feb. 22 at 7 p.m.

The following is a release from the town of Kill Devil Hills regarding the suspension and subsequent reinstatement of Police Chief Gary Britt:

On Sept. 23, Kill Devil Hills Police Chief Gary Britt was placed on paid, non-disciplinary suspension because it was reported to the town manager that a petition for Britt’s removal was “imminent” from District Attorney Frank Parrish. The petition was never filed.

After the chief was placed on suspension, the town, with the assistance of the risk management division of the League of Municipalities, immediately coordinated a professional review of the performance and leadership of Chief Britt and its impact on the operations of the police department. The lengthy review was conducted by three retired law enforcement professionals: Gerald Galloway, retired police chief of Southern Pines; David D. Cashwell, retired director of the Criminal Justice Standards Division of the N.C. Department of Justice; and Thomas M. Moore, retired police chief of Garner.

The professional panel reviewed all identifiable complaints or issues which were understood to have been contained in the proposed petition. Extensive interviews were conducted with Britt as well as each and every employee of the police department, including both sworn officers and administrative staff. Although it appears that some employees had issues with Britt’s management style, there was no evidence identified that indicated anyone was intentionally violating any laws or engaging in any unethical conduct. Recommendations were made for improving certain aspects of Britt’s management style, including improving communication within the police department and clarifying existing policies.

Based on these findings and based on Britt’s employment history with the town, including his capability and willingness to work within the panel’s recommendation and town manager’s direction, Britt returned to his duties on Dec. 22.

Speculation on Britt’s employment status continued, and earlier this month, “The Outer Banks Voice” reported that Superior Court Judge Jerry Tillett had reported to questions by “The Voice.”  Tillett acknowledged investigations regarding Chief Britt and Kill Devil Hills officials and indicated that some matters had been referred to Superior Court Judge Milton F. Fitch Jr. Fitch subsequently  issued an order to the town on Jan. 19.

The order contained statements which indicate that inaccurate information was provided to him, including the statement that the town had recently implemented new policies which would limit an employee’s ability to speak out on matters of public concern. The town has filed an appeal with the N.C. Court of Appeals which addresses this order, which is a matter of public record.

Finally, recent public statements attributed to officer Andy Ennis indicate an apparent belief that his personal records have been falsified. This allegation has been investigated and is simply not true.