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.

Sitting for the first time in a full meeting as a newly-constituted board, Kill Devil Hills Board of Commissioners made appointments to county committees and heard the staff’s finance report.

The appointment to the Street Improvement and Special Projects Committee was a contentious one. Com. Bob Woodard, one of two members remaining from the old board, nominated Com. Paul Buske, the other remaining member. Buske seconded the nomination, but the motion was voted down, 3-2. In making the nomination, Woodard noted Buske’s service on the board and his experience in construction. Mayor Sheila Davies then nominated Mike Hogan, a newly-elected member who was previously chairman of the planning board, and the motion carried by the same split vote. Later in the meeting, Buske said he hoped this would not be a harbinger of things to come, saying he hoped the two old members do not continue to be alienated “as they have been tonight.” Davies said it was not the new members’ intention to alienate anyone on the board. Jerry Froehlich, who lost his position on the planning board when the old board nominated someone from an engineering firm just before the new board was seated, was also appointed to this committee.

The other appointments proceded smoothly with  with Rob Rollason, an alternate on the board of adjustment, moving to full member and Mike Lowak moving to the alternate position. This was done by unanimous vote.

For the tourism board, that group asks that three names be submitted for them to choose from. Woodard currently serves on that board. The board members chosen were Woodard, Hogan and Brandi Rheubotton. By the same unanimous vote, Rheubottom was named to the Shoreline Management Commission, Davies was named to the Government Education Commission and two statewide nominees, and Dr. Bitly Edge and Marjorie Overton, both N.C. State professors, were approved for the Coastal Resources Commission (CRC). Renee Cahoon, Nags Head commissioner, currently represents this area on the CRC.

Staffer Beverly Brooks gave the financial report for the fiscal year ending last June 30. She said assets exceeded liabilities and the fund balance was $9.2 million, an increase of $418,002 from the year before. The occupancy, sales and property taxes make up  about 80 percent of the town budget, she said, adding that investment earnings were low due to low interest rates. Expenses were under the budget by 8.7 percent, and the assessed value of property in the town is $7 billion. There was an increase in the sales and occupancy tax collections, but the land transfer tax receipts remain lower than before the real estate market collapse. In the wastewater fund, revenues exceeded expenditures.

The board also set a public hearing for the January 25 meeting on a proposal to clarify the definition of wall signs and to modify regulations to be consistent with the definition section and historic interpretations.

The board heard from Amy Montgomery, director of community outreach for Outer Banks Hospital, on the hospital’s Couch to 5K Challenge, recognized police Capt. Mark Evans on his recent graduation from the FBI Academy and saw a presentation to Ocean Rescue for their donation to the Make-A-Wish Foundation.

During her comment period, Mayor Davies said she would like to invite a student from the civics class at First Flight High School to sit in with the board at meetings as a liason between the board and school. This was done several years ago, but had been discontinued for various reasons. The consensus of the board was to do this.

The next meeting is scheduled for Wednesday, Jan. 25, at 7 p.m.

Kill Devil Hills Christmas tree collection will begin Wednesday, Jan. 11.

Remove ornaments, tinsel, lights and other nonorganic items from your tree and place it in the right-of-way adjacent to your property, away from all other objects.

No artificial trees or other bulk items will be collected. Place trees in the right-of-way no later than Tuesday, Jan. 10.

For more information, contact public services at 480-4080.

SHEILA DAVIES takes the oath of office as Kill Devil Hills’ newly-elected mayor. She defeated incumbent Ray Sturza in November’s election after a campaign sparked by the previous board’s approval of plans for the new Lowe’s building in front of First Flight landing. She is shown with her husband and daughter.

BRANDY RHEUBOTTOM, Baum Center director, takes the oath of office as a new member of the Kill Devil Hills Board of Commissioners. She is shown here with her husband and daughter and (right) Mary Quidley, town clerk who administered the oath.

MIKE HOGAN takes the oath of office as a new-elected member of the Kill Devil Hills Board of Commissioners. He is shown with his wife and daughter (left) and Mary Quidley, town clerk who administered the oath. He was formerly the chairman of the town’s planning board.

New board make-up may mean more split votes

Three new board members were sworn in at the Kill Devil Hills town meeting Monday. New members now make up a majority of the five-member board.

Sheila Davis is the new mayor, and Mike Hogan and Brandi Rheubottom are the new commissioners, taking the place of Bob Peele, who did not run, and Jeff Finch who was defeated in November. Davies  defeated incumbent Ray Sturza who served as commissioner before becoming mayor. Commissioners Bob Woodard and Paul Buske are the only two members of the previous board still serving. This skews the make-up of the board from primarily business/development-oriented to private resident-oriented.

The meeting was divided into two parts, with the previous board sitting  to deal with old business that they had dealt with before, and the new board taking their seats after this to deal with new business.

The differences in the two boards were quickly apparent with two split votes coming almost immediately, one nullifying a vote taken earlier in the meeting as the old board voted to contract with a Richmond firm, Springfield Inc. to do a staffing study for $13,500. This company was not the lowest bidder but was the one that the old board deemed best able to fulfill the terms the board had advertised. This was an all-inclusive proposal. Another firm’s proposal would have included extra payments for work outside the scope of what was advertised by the board. The vote inf favor was a unanimous vote by the previous board, as most of their votes have been.

After the new board was seated, Mayor Davies said the new members had not had enough time to study the staffing prposals and made a motion to reopen the staff study and to redirect staff not to take action on the earlier motion and to table it to the Jan. 25 meeting. This passed 4-1 with Woodard in opposition.

During old business, the previous board took an item off the consent agenda for discussion. It was the repairs to the Hayman pier that was damaged during Hurricane Irene. Buske and Woodard thought the repairs were too expensive, especially the engineering study which was proposed to be contracted at $12,600, with the total reparis costing about $65,000. Buske said he had recently repaired several similar piers, and the costs were much less. Woodard also questioned the costs. Since the commissioners had been contacted by phone earlier and approved the contract, and their questions had not come up until later, the staff had already contracted with the engineering firm to do the work. The staff had done this because of a FEMA deadline that would have meant that had they waited, the board would have no chance to have the repairs paid for by this agency.The vote was considered to be a detail that would be handled routinely.

A planning staffer explained why the costs were so high, saying that the engineering must be done and signed off on since it is a public pier. The contract also includes rip-rapping the shore and possibly bulkheading the area. Since the contract had already been signed, the board voted in favor of it.

The new board voted in favor, unanimously, to approved the amended conditional use site plan for Nature’s Walk, a proposed 19,200-square-foot residential multi-family 20 unit development in the light industrial zone. The developer wanted to change some units from work-force housing to market rate housing.

The other split vote, 3-2, was to elect Hogan maor pro tem.  Buske had nominated Woodard for this position when nominations were first opened, but it died for lack of a second.

Outgoing commissioners and mayor were allowed time to make comments. Sturza and Finch thanked their supporters and recalled some earlier events, but Peele complained about anonymous hurtful comments made about board members on the Internet. Because they were anonymous, he said, they could not call those writing these missives. He called the comments mean-spirited to the point of qualifying as cyber bullying.

This was the last meeting of the year. The next meeting s set for Jan.9 at 7 p.m.

EMPLOYEES of Beach 104 and 99.1 were among those honored at the Kill Devil Hills Board of Commissioners meeting Wednesday night for their helpfulness in Hurricane Irene. The awards, certificates of appreciation, were first suggested by Com. Bob Woodard (shown above, in suit) when a young man helped him with his flooded garage the morning after the hurricane blew through, flooding soundside homes and grounds.

Others honored were the Jones and Hanes families, Gail Leonard, Ocean Rescue, Chase Patterson, Jake Overton, Justin Mason, Scott Spalding, Dennis Roman, Manteo Baptist Church Disaster Relief Team, Brenda Zeigler, Sterling Sadler, Earl Ross, Kelly Garner, Doug Morris, Rose Hudgens, Daryl and Wanda Law, Mel McCarter, David Tawes, Ross Capriano, Bill Waterfield, Eddie Goode, Dale Bliss and Randy Metzger.

In other business, the board approved giving historic designations to the Bridsong/Phelan and Perry/Jennette cottages.

Aaron McCall of Nags Head Woods and forestry agent Rob Shackelford made a presentation on a planned controlled for marshy areas of Nags Head Woods, about 250 acres. The burn must be done between the first frost and March 15 and will be done to reduce fuel loads and avoid wildfires. McCall said there are 21 private parcels in the area and 21 structures. It is funded by the federal government’s reinvestment act. Residents will be notified before the burn and the town fire department will play a support role.

The board also approved awarding a contract for the Southwest Area Stormwater, Sanitary Sewer and Street project to Barnhill Construction, the lowest bidder at $470,476. This is less than projected.

The board put off the wireless communications lease buyout until the new board takes office (the board will have a new mayor and two new board members) but didn’t do the same for appointment of a planning board member, naming civil engineer Eddie Valdivieso to the post even though Jerry Froehlich, who currently holds the position until December 31, still wished to be reappointed. Some board members said they earlier discussed term limits for various committee and board positions, and this would be part of that policy. Froehlich was praised for his years of service and for doing his homework while on the planning board. The issue of choosing a contractor to do a staffing study was tabled so board members could study the proposals they have received.

The next meeting is set for Wednesday, December 12, at 7 p.m.

Kill Devil Hills commissioners held a public meeting (not the more official public hearing) at Ramada Inn Wednesday night to get questions and comments on a proposal to enter into a public/private partnership with Aqua America, a company that owns and operates wastewater treatment plants.

The company would buy the facilities of  Outer Banks Beach Club (OBBC) from Eddie Goodrich at a cost of $700,115 for the treatment plant and $865,550 for the 20-lift station collection system. It would donate the collection system to the town after it is repaired and upgraded and the town would then be responsible for maintaining this part of the system. Aqua American has set a budget of  $115,000 per year for capital improvements. Steep rate increases are being considered over the 20-year period. The town owns and operates the Ocean Acres system already and has made extensive repairs which the users are paying for.

The town would be responsible for the collection system, a usually pricey item, and would determine where and how many new users would be added. It would set the rates, therefore would not be subject to rate regulation by the state utilities commission. If the plant needs to be enlarged, the town owns property next to it that could be used.

Currently, Ocean Acres customers pay $17.70 for 1,000 gallons, OBBC users pay $10.69. Rates are forecast to rise steadily over the 20-year period to $20 per 1,000 gallons. 

Residents at the meeting were concerned about costs to them, since their costs have already increased considerably over the years, as well as  how soon the repairs will be made,

As to how soon the facility would be updated, especially the problem lift stations, Mayor Ray Sturza told the group it would be as soon as possible after the contract is signed, if the deal goes through.

One speaker said he thought the capital improvements budget would be inadequate. He thought it would cost three times that to operate the plant. Ocean Acres residents said they thought they should not have to pay any part of what it cost to repair the OBBC system since they are paying for a recent upgrade to their wastewater system.

The board will continue to negotiate the details with Aqua America, Sturza said.

Kill Devil Hills Police Department has released its crime blotter for October as follows:

Arrests

* Felony Death by Motor Vehicle: Luis A. Rodriguez, 44, of Colington, was charged with felony death by motor vehicle, felony serious injury by motor vehicle, and DWI, stemming from a collision at US 158 and Ocean Bay Blvd. on October 5. The Department is asking any witnesses who have not already done so, to come forward and provide statements for the investigation.

* Tampering with Motor Vehicle: Marlon Antonio Reyes-Valladares and three minors were detained after an attempt to break into vehicles in the parking lot of the Travelodge Motel was discovered. Reyes-Valladares was arrested and the minors were referred to juvenile authorities.

Larceny: Carolyn E. Gilbert, 18, of Kill Devil Hills, and Taylor Beasley, 18, of Kitty Hawk were charged with larceny from the Kill Devil Hills K-Mart. They were released at the scene.
Crimes Under Investigation
(Tips can be reported to Kill Devil Hills PD or Crime Line)

Larceny of Firearm: A High Point 9MM SN: P1329043 pistol was reported stolen from a vehicle in the 200 block of Quail Lane at the end of September. The slide is blued steel and the frame is black polymer. The victim’s passport and his USCG MMC vessel pilot’s license were also stolen.
Breaking and Entering with Larceny: On October 10, 2011, a Toshiba 645 laptop computer was stolen from the foreman’s office at the Lowe’s construction project in Kill Devil Hills.

Felony Larceny: On October 15, 2011 a storage locker underneath the Outer Banks Beach Club condos was broken into and $1500 of fishing equipment was stolen. Among the stolen items were a St. Croix fishing rod, a Calcutta reel, and a Shumano Strata reel.

Stolen Laptop/Mail Fraud: On October 14, 2011, the delivery of a laptop computer to a private residence in the 300 block of Pinegrove Trail was intercepted, signed for, and stolen. The computer is an HP laptop, 17 inch screen model # HPDV9000 and is valued at just under $1000.

Burglary: On October 13, 2011 a residence damaged by Hurricane Irene in the 1700 block of Bay Drive was broken into. Several items were stolen including $100 in quarters, a gold bracelet, and gold cuff links with a turtle design.