Southern Shores Times

Town of Southern Shores - Council Elections 2011

2011-10-20T09:45:00.000-04:00

Early voting for the Municipal elections in Dare County begins today through Nov. 4 at the Baum Center, 300 Mustian Street, Kill Devil Hills. 10:00 AM until 2:00 PM – Monday thru Friday.

There are three council seats up for election, the three candidates listed on the ballot are: myself, Jodi Hess (incumbent), and Larry Lawhon. IMHO, an excellent slate.

Even though there are only three candidates running for three seats, please exercise your right to vote --- support the candidates. Spread the word!

The Official election date is Nov. 8, with voting at the Pitts Center, Southern Shores Town Hall.
6:30 AM to 7:30PM

Article at the Outer Banks Voice...............................................................

2010-08-25T08:39:00.000-04:00

Entitled "Where's the scandal in Southern Shores?", I believe the author, Russ Lay, has taken a fair and unbiased look at the situation involving the recent relationship between the TOSS and SSVFD. In light of the "investigative report" by WTKR and the persistent allegations from the former Town Mayor and Manager, it is refreshing to see an unemotional, rational report from a disinterested third party.

To me, as well as, the public, the sentiment expressed in the second to last paragraph in this report is the most telling.

The Claim that the SSVFD is Responsible for the Tax Increase....................

2010-08-02T11:59:00.000-04:00

Some individuals have claimed that the main reason the TOSS had to increase taxes this year was due to the "demands" of the SSVFD. This should be pretty simple to figure out.

Tax Increases for the '10 -'11 Fiscal year:

Dare County: from $.26 per hundred to $.28, which equals $0.02 increase

TOSS: from $0.0975 per hundred to $.14, which equal $0.0425 increase

Combined Total Property Tax levied in TOSS: $.42

SSVFD:

Requested from TOSS (under the new 10 year contract FD requests are to be in a tax levy equivalents): $0.03 per hundred.

Granted by the TOSS Council: $0.0275

Contract base rate established for '10 - '11 Fiscal Year: $.0.02

Increase of TOSS tax rate due to SSVFD request: $0.0075 per hundred

Examples:

A home with a tax assessed value of $500,000.

Dare County @ $.28 = $1,400.00

TOSS @ $.14= $700.00

Total = $2,100.00

Increase over last year: $312.50

Of the above total tax ($2,100) the SSVFD was given: 137.50

Increase over budget base: $37.50

Obviously, the SSVFD was a component but not the cause of the tax hikes in the TOSS.

Why does the SSVFD need $523,000 from TOSS?...................................

2010-07-30T17:49:00.000-04:00

A lot has been said about this lately, mostly in a negative sense. What I really find interesting is that most of those who banter about this number in shock and dismay, either ignore the plain facts, or do not wish to see them. You may recognize those individuals as they protest that the numbers are hidden from the public, are not fully disclosed by the SSVFD leadership, or are in violation of the new 10 year contract.

It's pretty simple to sort this out through documentation found on the TOSS website. Look at either the Town Manager's Letter of Appropriation to SSVFD Chief Bob Harvey or the contract.

There you ll find the following "black and white" facts:

1. The base rate set for this fiscal year was $344,000 equivalent to $0.02 per hundred of the property , not the $300,000 (approximately $0.017 per hundred as appropriated last year) stated by so many detractors. In fact, more than one person has indicated that the SSVFD had "reneged" on the contract by "demanding" more than $300,000. If the TOSS council had only approved the later amount, it would have been the council that had "reneged".

2. $50,000 of the payment is related to the new required 800 MHZ radios. This is not part of the SSVFD budget, but an arrangement agreed upon to lighten the impact of a near $250,000 expenditure. The SSVFD agreed to borrow this money, to be paid over a five year period. The move to 800 MHZ is due to the replacement of the entire county communications system that will go into operation late winter of 2011.

3. The actual budget increase is $129,000 which represents a $.0075 per hundred increase. This was actually negotiated down from the $0.01 request from the SSVFD.

So to "sum" this up, the base for the SSVFD contract cost to the town was $344,000 + $129,000= $473,000.

Someone might say, still, the SSVFD is getting that $50,000,true. But, it doesn't matter whether it is the SSVFD, another vendor,or a new town FD, those radios have to be bought by or for someone. It is an unfunded mandate which is a responsibility of the towns as agreed upon with Dare County. Don't blame the county though, this situation was to be faced at some point, but accelerated by requirements of the FCC.

Due to a minor injury (I hope), I am now functioning with a patch over my right eye. It never occurred to me that composing a post nor locating the mouse pointer with one eye closed could present such a challenge, Hopefully the above and future posts over the next 24 - 48 hours makes as much sense to the reader as it did to me.

Referring to Budgets................................................................................

2010-07-29T20:12:00.000-04:00

Clarification:

In the past and up to this point when I have referred to the SSVFD budget I have been focused on the TOSS budget for the SSVFD, what the town has set aside to pay the fire department.

This is not the full extent of the operating budget for the SSVFD. The department also contracts with Dare County to provide service to Martin's Point. I had already decided to post something regarding this distinction but had not really formulated what I would say, then I ran across an interesting post by Deputy Chief Dave Shrader in a local forum:

Here are some real budget numbers for you:
FYE 2005 Total Budget=$312,556 TOSS paid $234,410
FYE 2006 Total Budget=$596,777 TOSS Paid $538,105 ($238,105 +$300,000 toward new truck)
FYE 2007 Total Budget=$386,081 TOSS paid $286,771
FYE 2008 Total Budget=$447,711 TOSS paid $291,400 (+ transfer in June of $100k)
FYE 2009 Total Budget=$494,398 TOSS paid $311,250 (used $ 77,422 from Reserves)
FYE 2010 Total Budget=$553,322 TOSS paid $300,000 (used $185,000 from Reserves)
FYE 2011 Total Budget=$558,798 TOSS paid $473,000 (+$50,000 separately for 800 mhz radios)

Let's look at some budget numbers.........................................................

2010-07-29T13:19:00.000-04:00

First of all, what does it take to run a fire department? The SSVFD operates two stations, East Dogwood and South Dogwood, in order to keep all properties in the fire district (which includes Martin's Point) within four miles of a station. The SSVFD has held a Class 5 Municipal rating since 1997 (up from a 9S, the lower the number the better the rating). The net effect of achieving that rating in '97 was that for every $100 the SSVFD cost the average improved property owner, their insurance costs were reduced by $300.

To maintain that rating the SSVFD has to have a Class A Pumper under 20 years old and a Truck (if you want to know the distinction send me a note) at each station. Other than apparatus the rating is based on response time, training records, pump test records, hose test records, hydrant maintenance records, the average number of responding personnel, the presence of required equipment on each apparatus, and the dispatch center. These were the requirements of the federal ISO in '97. Just 2.5 points more in the score would have given the department a Class 4 rating.

Besides the insurance rating, the fire department also has to meet most of the requirements of OSHA and NFPA. On occasion the NC Dept. of Insurance may set additional requirements. You can't keep everyone in the district in the same insurance rate with one station, and you can't just have people jump in a truck and take off to fight a fire anymore. There are too many requirements, too many rules (good for safety), too much of an impact on the public's insurance expense.

So lets look at some numbers. Our neighboring departments of Duck and Kitty Hawk at one time were independent incorporated vendors just as the SSVFD is now.

Duck - The DVFD is still an incorporated volunteer organization in the town of Duck, but due to a smaller pool of year-round residents, has become more dependent on paid personnel to maintain their response levels. At the request of the DVFD their paid people are hired as town employees.

Stations: 1
Paid Chief: 1
Paid Deputy Chief: 1
Paid Fire Officers: 3
Volunteers: 30

2009 Budget: $604,000
2010 Budget: $654,000

Kitty Hawk - Now a town combination department, mostly paid, but with some volunteers, in the '90's the department was an independently incorporated VFD which fell into disfavour with their town government. There were accusations of misappropriation of funds, an SBI investigation, and threats of walkouts by the volunteers and a threat of lock-out of the firefighters by the town. Although no wrong doing was found and no charges were filed, the KHVFD didn't survive, as the volunteers dwindled and the town hired a paid Chief.

Stations: 1
Paid Chief: 1
Paid Fire Officers: 2
Paid Fire Fighters: 5
Volunteers: 18

2009 Budget: $1,300,000
2010 Budget $2,000,000

All the numbers above were gathered from either official Town or Fire Department websites.

SSVFD - Serves both Southern Shores and Martin's Point

Stations: 2
Paid Chief: 1
Paid Fire Officers: 0
Paid Firefighters: 0
Volunteer Fire Officers, Firefighters, and Support: 40+

2009 Budget: $300,000
2010 Budget: $523,000

Assuming the service levels in all three districts are similar and acceptable to their corresponding towns, which of these three do you honestly think has been the best bargain?

Be aware of this fact: no one on any side of this issue has cast any doubt or complained about the services provided by the SSVFD. In fact, the department has received only the highest praise from citizens, council members, and it's peers in the service; not just in Dare County, but throughout the surrounding region.

The WTKR News Report...........................................................................

2010-07-27T10:53:00.000-04:00

Like Ray at the Eye on Dare blog, I found the actual investigative report to be somewhat anti-climatic, although I cannot agree entirely with EOD's summation.

There are a number of talking points that need to be looked at more closely to get to the true facts. These would be as follows: the budget increase, motivation, and voter fraud (?).

I will continue along this course with more posts to follow.

The SSVFD/TOSS Contract....................................................................

2010-07-26T16:16:00.000-04:00

This is the one point that completely mystifies me when it comes to how the SSVFD's detractors and some currently seated Council members cite it. It is as if those opposing the SSVFD don't want to know what s in it, don't want to read it, and claim that the SSVFD is violating it.

There shouldn't be any mystery, misunderstanding, or misrepresentation; it's available in it's entirity right here.

The product of two years of haranguing and the second re-write in the same period, the SSVFD/TOSS service contract was accepted and approved by unanimous vote of the Council (Smith, McDonald, Hess, Stroud , and Pfizenmayer), February 24, 2009.

Mayor Smith's words on this contract:

During my service with SSVFD I learned many lessons including; the SSVFD, Dare County EMS, and SSPD are truly outstanding and among the best in the nation. I also learned that it takes tremendous motivation, outstanding skill, and tireless dedication to serve, manage, and administer first-class organizations like this. My hat is off to everyone who serves!

This past year we were successful in negotiating the first long-term contract with our Fire Department. It is not a buzzword when I say it is mutually beneficial - it is a fact! Everyone benefits from having our great relationship cemented by long-term strategic planning. The negotiations were not easy and at times they were challenging but that is the true nature of business negotiations. As stewards of the public trust it is the responsibility of the mayor and town council to obtain the best possible outcome for the town. At some point in time, all of Town Council and our Town Manager participated in these negotiations and all were totally committed to the development of a fair and objective long-term, mutually-beneficial agreement and that is what we got. I was pleased with the results, proud of closing the deal with Chief Bob Harvey and presenting the results to Town Council who approved it unanimously.

The entire statement and a full chronological account of the "unpleasantries" between the TOSS and SSVFD can be found by reviewing my old posts from 2008 - 09.

Note the reference above to "it takes tremendous motivation, outstanding skill, and tireless dedication to serve, manage, and administer first-class organizations like this". An entirely different representation than he now espouses.

The Poteskeet Trail Controversy.............................................................

2010-07-26T14:13:00.003-04:00

Take a look at the Town Council minutes dated October 28, 2008, it took me less than 20 minutes to find on the town website.

"NEW BUSINESS

Capital Improvement Plan Amendment-Engineering fees (CIP)

The Town Manager (Read) stated Joe Anluaf, Tow Engineer, found in the CIP under the FY2010-11 recommendations a portion of Poteskeet Trail listed with Trinitie Trail and Old Passage. Mr. Anlauf requests council consider that tis section be included in the engineering costs as part of the FY 2009-10 recommendations that Council approved at the October 10, 2008 CIP meeting (I cannot find minutes of that meeting on the TOSS website)which would include all of Poteskeet.

..............................you can read this paragraph yourself at the TOSS website.................................................

Mayor Smith moved to approve to include that portion of Poteskeet Trail described in the FY2010-11 section of the CIP as recommended by Joe Anlauf as part of the engineering fees he is developing for the FY2008-09 CIP. Council member Pfizenmayer seconded. The motion passed with Mayor Smith and Council Members McDonald, Hess, Pfizenmayer and Stroud voting aye; no council member voting no or absent."

Obviously Council members at that time recognized the need to rebuild all of Poteskeet and planned to do so.

The Timothy Spear Affair........................................................................

2010-07-26T13:52:00.000-04:00

Sounds ominous, but again, this was on the council agenda, was discussed (more like argued). Mayor Denny presented a statement of explanation at one of the council meetings. At most this is a true " he said - she said" or school yard "yes, you did - no, I didn't" argument.

GS 143‑318.10. All official meetings of public bodies open to the public.

2010-07-26T13:46:00.000-04:00

(d) "Official meeting" means a meeting, assembly, or gathering together at any time or place or the simultaneous communication by conference telephone or other electronic means of a majority of the members of a public body for the purpose of conducting hearings, participating in deliberations, or voting upon or otherwise transacting the public business within the jurisdiction, real or apparent, of the public body. However, a social meeting or other informal assembly or gathering together of the members of a public body does not constitute an official meeting unless called or held to evade the spirit and purposes of this Article.

In the previously posted petition where you see the word "secret" please substitute the phrase "openly discussed at regular, advertised Town Council meetings". Council agendas are generally established well in advance of the regular meetings; all agenda materials and supporting documents are put together in the form of a "council book" the week before the meeting. If the council member would just read that material they would be reasonably prepared for the meeting.

Do council members ever contact each other privately to ask others opinions or promote their position on specific topics? Certainly, wouldn't you want them to, rather than try and hash things out at the meetings? That's the way things were done when I served on the council with former Mayor Smith.

Having attend most every meeting, I believe I have seen open discussion, deliberation, and votes on each of the "secret" matters noted in this petition.

By the way, how much credence do you give a document such as this one, presented anonymously by an author that failed to sign or identify themselves with an email address like Annie Onime@rip.ax.lt ? Would you sign it?

What kind of material has been circulating?............................................

2010-07-26T13:24:00.000-04:00

Here's an example:

Concerned Citizens of Southern Shores, NC

Alarmed by the current investigation by WTKR News Channel 3, the CBS Affiliate in Norfolk Virginia, we the undersigned residents of the Town of Southern Shores, County of Dare, North Carolina hereby submit this second petition calling for and independent investigation of the alleged Official Misconduct on the part of certain members of the Town Council of the Town of Southern Shores, North Carolina.

Specifically we petition George E. B. Holding, United States Attorney for the Eastern District of North Carolina and Frank Parrish, District Attorney for North Carolina's First District refer the following allegations to the Federal Bureau of Investigation:

- Reasonable belief exists to support allegations that Mayor James (Hal) Denny, Mayor Pro-Tem Jodi Hess and Councilman George Kowalski hold frequent secret Council Meetings and communications to the exclusion of council members James Pfizenmayer and Kevin Stroud and the citizens of Southern Shores in violation of North Carolina General Statute: Article 33-c GS: 143-318-10 (d).

- Documents exist to support allegations that Mayor Denny unilaterally conducted secretcommunications with NC State Representative Timothy Spear directing Spear rescind the previous Town Council's unanimous resolution calling for Local Legislation establishing Special Elections to fill vacancies on Town Council. It is further alleged that this act was done with the intention of excluding Pfizenmayer, Stroud, and the citizens.

- Mayor Denny with the secret support of Hess and Kowalski changed the priorities of the Town's Capital Improvement Plan to rebuild Poteskeet Trail before other town roads. NOTE: Denny owns and resides at 85 Poteskeet Trail and he stands to benefit personally and financially by this action.

- The news investigation indicates that Denny, Hess and Kowalski have secretly met, communicated and colluded with Southern Shores Volunteer Fire Department Chief Bob Harvey to modify a brand new 10 year contract and awarded them an additional $1.3 M. This was done secretly and to the exclusion of Pfizenmayer and Stroud. NOTE: Kowalski was the Chairman of the Board at the Fire Department when the 10-year contract was unanimously ratified by the Fire Department and the Town Council and Kowalski is still a high ranking member of the Fire Department and his votes on this matter benefit him and his organization personally and financially.

This is one of many transmittal's that have made the rounds here. Let's take a look at each of these individually.

WTKR News Channel 3 Expose of Southern Shores.................................

2010-07-26T12:04:00.000-04:00

I had hoped to ignore the anonymous email and petitions being disseminated by unknown persons and/or the Concerned Citizens of Southern Shores, NC. In retrospect I guess I should have been commenting on their activities all along.

WTKR News is running a teaser of their report on the Southern Shores Council and the SSVFD tonight at 11:00 PM. I'll with-hold judgement on this until I've had the opportunity to see what they've produced. It appears to include interviews with former Mayor Don Smith, former Town Manager Charlie Read, Council Member Jim Pfizenmayer, SSVFD Fire Chief Bob Harvey and a concerned taxpayer - Dan Osman, the former Mayor's son-in-law (who certainly has a perfect right to express his thoughts and concerns). There ay be others, we'll have to wait and see.

My Latest Post........................................................................................

2010-07-08T11:57:00.000-04:00

Is actually located on George Kowalski's blog (STUFF!), the link is located in my blog list on the right. The piece I wrote is "Talking Trash in the Town of Southern Shores". While you're there read some of George's other STUFF!

Congratulations and Kudos to the Southern Shores Town Council................

2010-05-12T13:29:00.000-04:00

These congrats are due to the Council's decision to hire Mr. J Peter Rascoe as our new Town Manager. It's my opinion that he was the top pick among the applicants the last time (two years ago).

Hired as County Manager by Chowan County in 1999, he walked into a financial predicament that makes our budget woes look like the proverbial "cake walk". For more background do a search on Peter Rascoe in the Daily Advance website.

Goodness! It's been a while......................................................................

2010-02-17T10:21:00.000-05:00

I'm trying to get back to this blog, but truely haven't had the time. I have been attending as many meetings as possible and can report that, so far, the deamenor of the Southern Shores Town Council as a whole has changed considerably. The meetings are more subdued, congenial, and most importantly more productive.

My distractions through December and January have been, family, dog training, and a rather complicated project at work. The work project (virtualizing our servers) has been much more complicated than I could have ever imagined, but will be worth the effort once all the loose ends are tied up. Through the "high availablity" that is only possible through virtualization, we will have a level of redundancy, mobility, and a disaster recovery capability that is truely "mind-boggling".

My new German Shepherd, Ruger Casa de Perros (18 months), is showing a lot of promise in his training, and appears to be ready for his first Schutzhund trial. I hope we will be able to obtain his BH (Obedience) title in March. But this will require doubling up on the training sessions over the next few weeks to develop a little more finesse in the required routines.

Three things for the new Southern Shores Town Council to consider.............

2009-11-17T11:38:00.000-05:00

Communication, Communication, Communication!!!

If there is anything specific to learn from the political turmoil of the last four years it would be effective communication. The three components that I believe would help are:

Broadcast News - this is the weekly (more often if necessary) broadcast email. The concept is great and it has proven to be informative and helpful to those that receive it. Just make certain that it doesn't read like someone's campaign literature or subject specific propaganda. Consider, at least, a one time mailing of postcards to property owners to encourage more readership.

Town Meeting - this might be a sore topic with some, but based on the "Mayor's Chat" concept, I really believe there is merit to an open discussion format separate from the regular Council meetings. Currently, at Council meetings there are two opportunities for public comment. Normally, council members do not respond to or answer questions posed, which is appropriate in this venue. A bi-annual or quarterly community meeting, where the public and council members are allowed to interact and obtain answers to their concerns, would lead to the perception of more openness and transparency in our local government.

Solidarity Board - (In know it's a strange title, but I'm weary of trying to come up with a better one) a standing committee or board made up of representatives from the Southern Shores Civic Association, Chicahauk Property Owners Association, Southern Shores Volunteer Fire Dept., Duck Woods Country Club and the TOSS. The purpose of this group would be primarily informational, a forum for each organization to fully express their needs and initiatives so that a common understanding of community issues can be achieved. I would hope that a group such as this would help alleviate much of the adversity and misunderstandings that have surfaced over the last few years.

More Election Results...............................................................................

2009-11-03T22:18:00.000-05:00

OBX Alert has more definite totals here.

Preliminary, Unofficial Election Results for Southern Shores........................

2009-11-03T20:47:00.000-05:00

First, there were 328 early votes reported from the other polling places (Manteo and the Baum Center) for this election. I do not have even an unofficial accounting for those votes.

Results from today's voting:

Hal Denny -      600

Don Smith -      242

So, even if you award all the early votes to Mayor Smith (not at all likely), he's still 30 short of winning.

Congratulations Hal!!!!!! Looking forward to you serving another term as Mayor.

George Kowalski -    415

Brian McDonald -     315

Calling the outcome for this race is a little trickier. It's totally dependent on that early vote. But I'm going to stick my neck out and say: Congratulations George!!!!! If you didn't actually win this, it was an amazing run on a write-in basis.

Good night! By the time most of you see this post you'll already have the actual numbers, but I just had to do it.

Today's the Day!..............I'll report back on the outcome latter....................

2009-11-03T16:19:00.000-05:00

What of the future?...................................................................................

2009-11-03T16:17:00.000-05:00

No matter who wins the election today, the TOSS Council will be facing a number of challenges in the coming years.

Just to mention a few:

Canal Dredging Project: bids are in, at $1.8 Million, $800,000 over the original estimate on which the State Grant was based. Presumably this will mean a large dip into the "Undesignated Fund" (which is also our "Hurricane" fund). This is only Phase 1 of 2, with no guarantee of any grant money being available. Phase 2 estimates exceed $2 Million. Expect a move to establish a special assesment for canal properties if no other funding can be found.

Juniper Trail Bridge: I'm not certain under what assesment or authority, but it has been said at several meetings that this bridge must be replaced within 5 years. Estimates range from $500,000 to $1 Millioin for this project. Having had the experience of sitting on that bridge during Hurricane Isabel in a SSVFD squad car, I believe it. How does a culvert bridge shake in the wind?

Storm Water Issues: two of the worst are the North end of Chicahauk and 12th to 13th at Duck Road. Abatement of the problem at just Chicahauk is estimated at $1 Million, while the problem on Duck Road is as bad if not worse.

All of the above are mentioned along with a number other worthy and necessary projects in the Capital Impovement Plan which the TOSS Council has adopted. A plan that was created to address the needs for the next 5 years, with total estimates ranging from $7 - $11 Million.

If our council is to just accomplish the major items above in that time frame they are going to have to be very creative with finances.

More on this latter.

The Mantra of Southern Shores Citizens?...................................................

2009-11-01T09:52:00.002-05:00

Sorry to repeat the following quote. You will find it further back in my posts, when I implored the TOSS Council not to allow this to become the mantra of the Southern Shores citizens:

"It is not the form of government, nor our laws that we are quarreling with, but the malpractices of the officers and the abuses we suffer under those empowered to manage our public affairs."

Herman Husbands, circa 1771 on behalf of the Regulators (a North Carolina taxapayer protest group).

Endorsements for Mayor Smith.................................................................

2009-11-01T09:50:00.000-05:00

The weekend edition of The Coastland Times features an endorsement advertisement for Mayor Smiths's candidacy. The endorsees are:

Brian McDonald - Incumbent Council Member running for re-election.

Jim Phizenmayer - Current Council Member.

Kevin Stroud - Current Council Member.

Jack Shea - Dare County Commisioner

Col. Bill Beadling - Founder and current President of the Outer Banks Gun Club

My purpose in this post is to explore and specualte on the motivation of the these endorsees. So let's take a look:

Brian - Originally ran for council at the behest of Don Smith. Brian is an intelligent, independent thinker, with a number of excellent ideas. But, as many have observed, he will often question or actually speak against some of Mayor Smith's initiatives, only to then oddly vote for them.

Jim and Kevin - During the last election in which they gained their council seats, Mayor Smith encouraged, endorsed, and campaigned door to door fo them. You can find material on this election in my archive among my original posts.

The Mayor has a reputation of "running a tight ship:", and the three above are his crew. So their endorsement of his re-election is no surprise.

Jack Shea - This is a surpise to me. I really can't see Mr. Shea approving of a number of situations the Mayor has created, so I can only speculate that this is some form of partisan or ideological consideration (although I believe Don is regitered as an Independent). As I believe the majority of sentiment in this election transcends party lines, this might be a "mis-step" of an endorsement.

Col. Bll Beadling - Without Col. Beadling and a few others, there would not be a county range and of course no Outer Banks Gun Club, of which I am a charter member. I am both surprised and disappointed that he would choose to enter this fray. He is not a Southern Shores resident, I know of no issue regarding the make up of our council that would involve the OBGC and I don't think he is aware of the miriad issues that the citizens of Southern Shores have faced.due to the current administration. Apparently, both Don and Town Manager Charlie Read (former Secretary of the OBGC board?) are club members. I have to wonder whether Col. Beadling would have made this endorsement if I had not withdrawn from this race. He would have had to make a choice of one member over another.

Something that I have to point out as ironic is, that in his original campaign for Mayor, one of the planks in Don's platform was his opposition to "the good old boy" system he said existed at the time. During my four year term on council I was not approached by nor saw any signs of the existence of the "good old boys". Excluding Col. Beadling, what does the above list look like?

About that "Special Message"...................................................................

2009-10-27T12:19:00.002-04:00

To understand the numerous ironies embedded in the Mayor's message to the SSVFD, you about had to be there, to witness the true facts as they unfolded. For a better understanding of the background and to recognize the irony is his statements go back into my archive and review the posts of June 4th and 10th of 2008. In addition, take a look at George Kowalski's blog regarding the contract negotiations, and review the Town Council Minutes of June 3, 2008. I believe you will then be able to develop a true picture of the situation.

When reading the meeting minutes, realize that this is not a "word for word" account but a synopsis of what was said. I could swear I remember that the exact text of the Mayor's statement was originally attached to the posted minutes, but is no longer there.

To convey an idea of the demeanor in which his statement was delivered I have to relate these two comments from the audience: The lady sitting next to me, "That was scary, is he always like that?", or the minister's wife, who in the public comment period at the end of the meeting was inspired to throw her arms up in the air in frustration and loudly proclaim "I can't frickin' believe this!".

There are two points in Don's email that I can only describe as egregiously disingenuous:

1. He refers to the SSVFD, Dare County EMS, and SSPD, as having "tireless dedication to serve, manage, and administer first-class organizations". These are the very same people that he insulted and forced to walk out of the June 3, 2008 meeting. Remember this, they were present at this meeting for an awards ceremony, to celebrate the saving of two lives (one of the victims was actualy present). Why would he seek at that time, the dissolution and forced take over of a "first-class organization"?

2. Although he professes at the end of the email that he has ".....always had a deep respect for the SSVFD" and further states ".....ask yourselves how you would feel if you were unjustly attacked?", I believe Mayor Smith has failed to recognize the ultimate irony of all.

Mayor Smith's Special Message to SSVFD Members.................................

2009-10-27T10:26:00.000-04:00

Following is the full text of Mr. Smith's email to the Southern Shores Volunteer Fire Dept. membership, less his telephone number and email address:

"I want to send a personal message to our public safety professionals, many of whom I count as dear friends.

My family and I served proudly for many years with the Southern Shores Volunteer Fire Department. Merrie and I were proud members for many years. Merrie was a member for approx 12 years and myself for almost 13. I was deeply proud that Merrie was the first women member of the department and helped in organizing the rehab group, and was awarded firefighter of the year. Long before moving south, I earned a Masters Degree in Criminal Justice and most of my classmates were emergency services personnel.

During my service with SSVFD I learned many lessons including; the SSVFD, Dare County EMS, and SSPD are truly outstanding and among the best in the nation. I also learned that it takes tremendous motivation, outstanding skill, and tireless dedication to serve, manage, and administer first-class organizations like this. My hat is off to everyone who serves!

This past year we were successful in negotiating the first long-term contract with our Fire Department. It is not a buzzword when I say it is mutually beneficial - it is a fact! Everyone benefits from having our great relationship cemented by long-term strategic planning. The negotiations were not easy and at times they were challenging but that is the true nature of business negotiations. As stewards of the public trust it is the responsibility of the mayor and town council to obtain the best possible outcome for the town. At some point in time, all of Town Council and our Town Manager participated in these negotiations and all were totally committed to the development of a fair and objective long-term, mutually-beneficial agreement and that is what we got. I was pleased with the results, proud of closing the deal with Chief Bob Harvey and presenting the results to Town Council who approved it unanimously.

November 3rd is Election Day and I would like to extend an offer for any member to feel free in contacting me with any questions or concerns they may have. I continue to be disappointed with the false rumors that are going around and would urge everyone to get the facts before voting. I must say that my family including my Dad have a total of over 30 years as members and do not feel it is fair to paint us as anti fire department. We have always had a deep respect for the SSVFD and ask yourselves how you would feel if you were unjustly attacked?"

Don Smith

Of like mind.............................................................................................

2009-10-23T11:11:00.007-04:00

Read George Kowalski's blog I can atest to the validty of his statements regarding the rencent "unpleasantries" between the SSVFD and the Mayor, I was present on a number of occassions when the issues were brought up and I'm just as convinced that if the Mayor is re-elected this animosity will continue

Where were you, Mr. Van Curen?..............................................................

2009-10-23T09:50:00.002-04:00

Who is Mr. Van Curen? He is a Southern Shores resident that recently wrote a letter to the Editor of the Outer Banks Sentinel entitled "Where were you, Hal Denny", and a long time supporter of Mayor Smith. If my memory is correct, he has written similar letters during previous campaigns involving Don Smith or in support of Don’s agenda.

I pose the question in the title of this post as a retort to Van Curen’s blast at Hal Denny’s record of attendance to TOSS Council meetings. It seems he adheres to a theory that there is some correlation between presence at these meetings and the ability to judge the status and performance of our town government.

Based on his statements one might assume that he must personally attend these meetings himself in order to observe Hal’s lack of attendance. Now, Mr. Van Curen may have attended the one specific meeting he cites, I was unable to attend that one myself (due to an issue at work). But I do know him by sight, and I believe I would have noted his presence at the eighteen or so council meetings I have attended in the last year.

This brings me to the following questions:

Where did Mr. Van Curen get this information?

Is someone in TOSS government tracking citizen attendance at these meetings? Or are there just specific individuals being watched?

In all honesty, I personally believe that this letter was just a political ploy as an attempt to cast doubt on Hal Denny’s ability to judge the Town’s current status and formulate future decisions. There are many other resources and means of determining the performance of the TOSS.

Now, if you feel you must agree in regard to Mr. Van Curen’s theory that attendance at these meetings is vital to understand the state of Town government and it’s affairs, I must pose the following:

I would have to be the ultimate expert and “Guru” of all matters related to TOSS. I began regular attendance to both monthly council meetings in May of 1986. My best estimate of attendance is +/- 300 meetings not including various committee meetings (some on which I served) and special council/retreat sessions. If you wish to verify this, contact the Town Clerk, Carrie Gordon, I was even at the meeting when she was introduced as a new hire.

In my “expert opinion”, if you care about this community or have any concern for the future of our town, you must Vote Hal Denny for Mayor!

Waiting................................................................

2009-10-19T16:07:00.004-04:00

I've been patiently waiting for Southern Shores politics to heat up, given the upcoming Mayoral election (Nov. 3), between incumbent, Don Smith and challenger, Hal Denny. With only three weeks left to campaign, I believe I'm beginning to see things stir up a bit. More on this later.

First there are a couple of things I must say:

1. In all of my previous posts I have attempted to provide alternate means for, you the reader, to verify my statements, either by reference or by direct clickable links. If, as some have suggested, my posts seemed overly negative I can only say that I am not responsible for the statements, ideals, or actions of others. I can only interpret and report as I witnessed them. As always, "trust but verify", there are numerous resources and other witnesses to the matters I have reported.

2. Yes, if you heard that I had originally filed and then later withdrawn as a candidate for Mayor, that is correct. After discussing this with Hal Denny I withdrew. Hal is a past Council Member and Mayor of Southern Shores. If you are a registered voter in Southern Shores, I contend that it is in your best interests to vote for Hal Denny as our next Mayor.

Update ..........................................................

2009-02-18T21:23:00.002-05:00

It's old news now. But, had I promised that I would post here that the Town of Kitty Hawk has decided to discontinue any further consideration of the TOSS proposal for fire service.

This the first opportunity I've had today to access the Internet.

I hope that this leads to a more careful contract negotiation process.

What's going on?...............................................

2009-02-17T13:50:00.000-05:00

Well, it appears that the TOSS Council is prepared to do something. They have cut-off negotiations with the SSVFD, and have supposedly been informed by the Town Attorney not to discuss anything with SSVFD personnel. For the first time ever, I have had a Council Member fail to return a call to me.

But, I am happy to say that Kitty Hawk Town Manager will return a call and responds to questions as best he can. Given the circumstances, I called Mr. Stockton and asked if there had been any further contact with the TOSS. He indicated that KH had received a proposal from the TOSS which was currently under consideration. He gave no details and I asked for none.

Of course, the KH Council would have to discuss the proposal and possibly negotiate further before arriving at a decision. I think that the earliest they could act would be at their March 2nd Council meeting. Look for a closed session for this to be discussed.

Unless they dismiss the proposal outright, I would suspect they should expect visitors from Southern Shores at their future meetings until the matter is resolved.

Matthew 7:12 ..................................

2009-02-13T12:41:00.002-05:00

So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets.

Socrates: Do to others as thou wouldst they should do to thee, and do to none other but as thou wouldst be done to. As translated by Earl River 1477.

Jesus, at the Sermon on the Mount: All things whatsoever ye would that men should do to you, do ye even so to them.

Otherwise known as the Golden Rule, these or similar words appear, not only, in the New Testament, but also in the Talmud, Koran, and sayings of Confucius. In everyday life we see the wisdom of this at work any time there is interaction among our fellow human beings.

To a certain extent I write this in answer to the comments from both Ray and Peggy concerning my last post.

If I seem to be defending the SSVFD or it's leadership, as an observer at most of the public meetings (FSAB and Council meetings), it appears to me that they are simply responding in like kind (do ye even so to them) and I don't think I'm the only person with that opinion. When they perceive a threat they reciprocate. You can see that in the comments referenced on OBXAlert.net. I don't feel that their initial reactions were like that, but you have to remember that what we see now is the culmination of a process that began nearly two years ago. I firmly believe that any reasonable person dealing with this situation would have reached the limit of their patience by now, Town Council members included.

Like Mayor Pro Tem McDonald stated when another member of the Council protested that the SSVFD was acting like an independent vendor:

If you treat them like a vendor, they'll act like a vendor.

How do we arrive at a reasonable solution to this problem? Who should break this cycle of threat and counter threat? In my opinion, it is up to the Council to put a stop to this. They need to quit concentrating on the minute details of the contract, step back and take a look at the overall situation. The leadership of the SSVFD may be responsible for a component of the community, but it is the Town Council that is responsible for the community as a whole.

They need to take control of the their discussions and take the first step by silencing any vitriolic ranting or outrageous statements from their own membership that will produce anything but a good result. If the majority of the Council sits silently while even one of their members is allowed to spout threats and half truths, that silence may be interpreted as approval by the audience. If not approval, then the silence creates an unknown. The unknown produces fear. Fear results in defensive action. Together the perception of approval and the atmosphere of fear results in this cycle of threat/counter threat that prevents both parties from arriving at a mutual agreement.

Maybe I'm naive or I've over simplified the situation, but I truly believe that instituting the Golden Rule is key to resolving the issues between the SSVFD and the TOSS.

To be fair, I have spoken privately with several Council members, and they certainly don't realize and do not intend to appear unconcerned or arrogant. I believe their inaction and seeming approval comes from a misplaced sense of propriety and courtesy in regard to their fellow Council members. They are simply unaware of the appearances and perceptions of their audience. In fact, now that I am an observer, I find myself wondering if I didn't exhibit the same behavior and produce similar perceptions while seated as a Council member.

Disappointed, disheartened and confused..............

2009-02-12T13:42:00.002-05:00

I had hoped that I would have something nice to relate for a change, but based on today's posting at OBXAlert.net, things are not going well in regard to the negotiations between the SSVFD and TOSS.

I viewed this report to be so inflammatory that I contacted both Chief Harvey and Deputy Chief Shrader to verify the validity of those statements. Both have confirmed to me that the quotes originate from a recent email copied to the Town Attorney, Town Manager, and Council Member McDonald. This email was thought to be confidential and was intended as an internal communication regarding the production of a contract and part of the negotiation process. Although these statements are factual, they are quoted out of context, from a lengthy memo dealing with multiple points of discussion. I was assured that this email had not been released by the SSVFD.

It appears that someone at Town Hall decided to “leak” this email with the intent of influencing or sabotaging the negotiations. I can only interpret the article as being negative to the SSVFD.

I'm fairly certain the Town Attorney wouldn't be happy with this, and I hope the Town Manager would know better than to do such a thing. Having known Brian McDonald for a number of years now, I cannot imagine that he would have made this public or condoned such.

So, who did it and why? If it was a Town employee, I believe there is something in the Town policies regarding the proper release of documents. If it was a Council member, this could only be interpreted as malicious in intent, and should be subject to censure by vote of the Council.

Perhaps the guilty party will have the guts to “own up to it”. If so, perhaps this person could explain how this would help in the timely completion of a contract negotiated “in good faith”.

The logic in this whole situation regarding the SSVFD contract is totally lost on me. If the TOSS intent is to abandon the volunteers that have faithfully served over the last 25+ years for a more expensive and complicated alternative, they should go ahead and do it. Let's get this over and done with (I know that's not a proper sentence). If the true intent is to salvage the situation and rebuild a trusting relationship with the volunteers, looks to me like they need to change the direction and tenor of the discussion now.

Ultimately, this situation will come to a conclusion, which at this point doesn't look pretty. In fact, there is considerable potential for this to end up causing actual financial hardship and damage to the citizens of this town, if the Town Council dosen't put a stop to this game playing. Some Council Members may not feel that's true, but I do hope that they are ready and willing to stand behind their decisions, and be prepared to provide relief to us (the taxpayers and citizens) in the event that we are negatively impacted by their actions.

There appears to be hope.............................

2009-02-04T09:08:00.001-05:00

At last night's Mayor's Chat and Town Council meetings it was obvious that both the SSVFD leadership and Town Council wished to limit discussion and comment regarding the Fire and Rescue Contract. The atmosphere at both meetings seemed to indicate that the current state of affair was at least a notch above “cautiously optimistic”.

Mayor Smith, Town Manager Read, and SSVFD Chief Harvey each spoke briefly regarding the matter indicating that after approximately 12 hours of meetings the negotiation of the contract is progressing in earnest. I believe we have Mayor Pro Tem McDonald to thank for advancing these talks and leading the Town Council toward a more productive, good faith negotiation process.

This was much more encouraging than I had expected and obviously much different than the 100+ spectators had anticipated. Because the maximum legal capacity of the Pitts Center was exceeded, many of the SSVFD firefighters in attendance gave up their seats so that more citizens could stay. Once everyone was seated, those left standing had to leave.

Hopefully, my next post on this matter will be to announce the successful completion of negotiations.

What are the options? What's going to happen? ........

2009-02-02T10:13:00.005-05:00

Disclaimer: The thoughts and observations expressed in this post and throughout my blog are my own. Although, I may have some interests and personal concerns I have attempted to represent only what I have personally witnessed (have first hand knowledge of) or I am able to cite and create links, allowing the readers to decide for themselves. I do not represent the SSVFD, Inc, or it's leadership, I am a member/firefighter in that organization. Although, a former council member, I obviously do not represent the TOSS. I am a resident and taxpayer concerned with the efficient and effective operation of local government. I hope that you have found my postings to be informative and useful in keeping up with current events.

----------------------------------------------------------------------------------

It appears that the TOSS Town Council will be holding a closed door session with their Attorney at 2:00 PM today (ref: OBXAlert.net). I'm hoping that cooler heads will prevail in their discussions and in the implementation of their decisions. As you may see from my prior posts, the emotions are high, a lot of posturing has occurred, and almost identical facts have been batted back and forth. All this effort, over a two-plus year period, has brought us to no good result.

The options I see available to the TOSS Council:

1.Turn back the clock at least two years and revisit the SSVFD/TOSS contract that had held and served both organizations well for over 20 years. Hold an open meeting with the purpose of establishing a genuine process that would result in a fair, good faith negotiation of both the SSVFD budget and contract. Do what ever is necessary to regain the trust of and trust in the SSVFD, Inc., even if it means the public censure of their own Council members or written notification to the SSVFD Board of Directors of any transgressions of either the Department itself or of it's representatives.

2.Continue on the path of “ramping up” by obtaining court orders to: either restrain the leaders of the SSVFD from conducting department business or participating in SSVFD activities and/or seize the fire stations and padlock them. Locking out the entire membership.

Outrageous! Unthinkable! You might say. But there is a precedent to this as demonstrated in the actions of the Town of Kitty Hawk during the mid-nineties regarding the KHVFD . At the time, actual accusations of fiscal wrong doing resulted in the loss of trust on both sides. The Fire Chief was served with a restraining warrant to prevent him setting foot on KHVFD property, attend any meetings or responding to any emergency calls. The possibility of padlocking the station was threatened but, to my knowledge, was not actually done. (This possibility was
mentioned by TOSS Town Manager last year.)

After an extensive investigation by the North Carolina SBI, no charges were filed, and all allegations were dropped. But, I have always felt that this situation resulted in the demise of the KHVFD. I don't believe an acceptable level of trust between the two organizations was ever re-established, leading to the creation of the Town's paid KHFD.

3.Announce the formation of a new municipal FD as a TOSS agency, and hire a town Fire Chief This would most likely require a law suit in order for the TOSS to claim the SSVFD assets,unless the TOSS can find a legal precedent allowing government to forcibly dissolve a private corporation.

Another possibility that I would offer, and I would prefer, if all other reasonable efforts were exhausted would be:

Arbitration: Ideally this would take place before an actual courtroom judge. Assuming that a judge would be impartial, could not be influenced by either party, and the decision rendered would be binding, everyone could resume business as usual.

Unfortunately, my research in this area has turned up no precedent for this in North Carolina. You would think that some agency such as the NC Department of Insurance or State Fire Marshal's Office would act as an arbiter, but sadly there is no such possibility.

Turn-about is fair play, is it not?...........................

2009-01-31T18:09:00.004-05:00

The following letter was conveyed to the TOSS.

27 January 2009

Mayor Donel C. Smith
Town of Southern Shores
5375 Virginia Dare Trail
Southern Shores, NC 27949

Dear Mayor Smith:

The Southern Shores Volunteer Fire Department, Inc. Board of Directors, conducted an emergency meeting on January 26, 2009, in response to your seven day “deadline” for responding to a de novo proposed contract presented by the Town on January 20, 2009.

After a thorough review of your proposed contract and the facts surrounding the Town’s recent actions, the Board made the following findings:
1.The Town of Southern Shores has breached the Fire Services Contract dated July 1, 2008, by violating the terms of the contract, specifically paragraphs 1.(b), 2. and 9.

2.Further that the Town, by communicating its ultimatum to accept a contract without recourse, including public comments made by the Mayor to that effect, that further violates paragraphs 1(b), 2., 3(a& b), 4., 5., 6., 7., 8., and 9. has further breached the mutual promises and agreements upon which the contract is based.

3.That by refusing to negotiate after more than four requests and notices, while publicly asserting that it was negotiating, even to the extent of deceiving certain members of the Town Council, the Town has expressed its intent to extort a contract that is unfavorable to the Southern Shores Volunteer Fire Department, Inc., including provisions that would supersede the current contract thereby canceling the mutually agreed upon terms and conditions.
4.That the Town of Southern Shores has yet to respond to the proposed long-term contract submitted to the Town on October 28, 2008 through the Fire Service Advisory Board.

5.That through its actions, the Town appears to be engaged in an effort to seize the assets of a private not-for-profit corporation without compensation.

6.That the terms demanded by the Town in its proposed contract would cause grievous and irreparable harm to the corporation, its individual members and retirees, the residents of Martin’s Point who are served by the Corporation, Dare County and indeed the residents and taxpayers of the Town of Southern Shores.

7.That the ramifications of the Town’s actions will also negatively impact other communities including, but not limited to the Town’s of Duck and Kitty Hawk.
In consideration of these findings, the Board passed a resolution declaring the Town of Southern Shores to be in breach of the Fire Services Agreement dated July 1, 2008 and hereby terminates the Contract and Agreement for cause, effective immediately upon delivery of this letter. The Board empowers the Fire Chief to deliver this notice of termination at a time and place that is convenient. The Fire Chief is also instructed to deliver a proposed contract meeting the needs of the Fire Department and the citizens of its service area at the same time.

The Town is offered a period of seven (7) days from the effective date and time of this notice to accept the contract delivered with this notice or negotiate, in good faith, a mutually acceptable alternative. The Southern Shores Volunteer Fire Department, Inc. will continue to provide Fire and Rescue services during this period without compensation.

The Southern Shores Volunteer Fire Department, Inc. is composed largely of residents and taxpayers of it’s service area and remains committed to serving the communities of Southern Shores and Martin’s Point. The Department is frankly tired and disgusted with the continuing political games foisted upon it by the Mayor and representatives of the Town. In the interest of resolving this matter quickly in a manner that best serves the public interest, and because of the recent experience with administrative incompetence and dishonest posturing, we respectfully request an opportunity to negotiate with representatives of the Town other than the current Mayor or Town Manager.

If we are unable to negotiate a reasonable solution to this matter within the seven day period, The Southern Shores Volunteer Fire Department, Inc. will deliver notice to the office of the State Fire Marshal and Dare County that we no longer provide contracted fire service to the Town of Southern Shores.
To protect the interests of our friends and neighbors, we will continue to provide emergency and non-emergency responses to calls for assistance with in the Town as mutual aid, without contract at least through June 30, 2009.

We look forward to a timely resolution to this matter.

Sincerely,

George Kowalski, Chairman
CC: Town Council
Town Manager

Another comment I made at Topix.net.........................

2009-01-30T20:23:00.003-05:00

"It is not the form of government, nor yet our laws we are quarreling with, but the malpractices of the officers and the abuses of power we suffer under those empowered to manage our public affairs." Herman Husbands circa 1770, Regulator.

Look up the Regulators in your North Carolina History.

I recited this quote, to this seated Council at one of their regular meetings. Warning them to not allow this (qoute) to become the mantra of the Southern Shores citizens.

Obviously, they weren't listening or it just went "over their heads".

Postings on Topix.net Southern Shores Forum.........

2009-01-30T20:10:00.003-05:00

This is a short response I wrote to someone using the alias "SS taxpayer" posting questions on topix.net. Very early this morning I had typed up one of my usual (long) well cited and noted posts, which quite promptly disappeared when I hit the enter key.

After giving more consideration to SS taxpayers questions, instead of a 500+ characters with references and citations of meeting minutes as I had, here's the short answers (questions in fact).

How do you inform, educate, or negotiate with an organization who's top leadership will not listen, read, or negotiate in good faith? An organization whose leadership seems only interested in ignoring facts, demanding budget cuts with no logical explanation, and presents "take it or leave it", "in your face" contracts with the threat of going elsewhere. BTW, would they be proud to send the same exact contract to KH? I think not, they would certainly get an answer from KH in less than the required seven days.

While at the same time publicly praising the high standards and performance of the fire department.

Ever deal with someone that felt they had to compliment, and praise you before they gave you the shaft?

Is it any wonder the SSVFD never received permission to purchase the trucks? The Council would never comment, acknowledge, or respond.

I further pose: Would it be better for the SSVFD to reduce service levels and risk loss of their Class 5 Insurance Rating? Which I would interpret as violating the terms of their existing contract. Or act to maintain it? I believe the former would be the most beneficial to their customers, the individual taxpayers.

Meant to mention this before..........................................

2009-01-29T17:26:00.003-05:00

Remember the deadline I mentioned regarding the SSVFD Contract?

The contract was conveyed to the SSVFD on the 20th with the requirement that it be returned by the 27th.

I dropped by Town Hall on the 27th to see if I could talk with either Mayor Smith or Charlie Read, both were out of town for the week.

What was the point?

Have you seen this?..........................................................

2009-01-29T17:07:00.003-05:00

This is being distributed by email under the pen name Thomas Paine. Being a History Major, that just cracked me up.

Mr. Paine was a British transplant to the colonies and was the pamphleteer of the American Revolution. Author of the pamphlet entitled Common Sense (appropriate for the current circumstances) advocating colonial America's independence from Great Britain.

Please Help Save Our Volunteer Fire Department

The Southern Shores Volunteer Fire Department is a non-profit corporation that has served the Town of Southern Shores and Martin's Point for nearly 30 years. On January 20th, The Southern Shores Town Council, in a political dispute about control and power, gave the Fire Department an ultimatum to sign an unbalanced and unfair contract or risk being taken over by the Town.

The Mayor says that this is about fiscal conservatism and lower taxes.

That's Not True! The current structure provides the most cost effective Fire Department in the Outer Banks. This year alone, Southern Shores Volunteer Firefighters contributed more than 15,000 hours of their time to provide Fire and Rescue services that would cost millions without them.

The Mayor says that the Fire Department is demanding a 69% increase in funding for next year.

Not Even Close! The Fire Department has not submitted a budget request since it is not yet even due! He dishonestly made his numbers up to take control of the Fire Department. The Southern Shores portion of the Fire Department budget for the fiscal year 2008-2009 is only 16% higher than it was in FY 1997-1998. During that same 11-year period the Town Budget has grown by 76%!

The Mayor says that the Town has negotiated in good faith with the Fire Department.

Wrong! Despite numerous documented attempts by the Fire Department, the Town has refused to negotiate a contract.

The Mayor says that the Fire Department has spent a lot of money without consulting the Town.

Incorrect! The Fire Department has projected its capital needs for years and has informed the Town of major items for more than 5 years. Last year, the Fire Department presented a 5-year strategic plan with expected dates for capital expenses and has kept that schedule. The Town, however, does not have a plan.

The Mayor refers to the Fire Department as "Formerly Volunteer."

That's Just Deceptive! Last year, in response to the increasing administrative workload of running a Fire Department while meeting new requirements and regulations, the Volunteer Membership of the Fire Department voted by an overwhelming majority of 85% to hire a paid Fire Chief. They also chose to hire the existing Chief, who had been elected by the majority of the members 4 years in a row. Except for the Chief and a part time Administrative Assistant, all of the 60 members of the Fire Department, including the Board of Directors are Volunteers.

Why Would the Mayor Tell You Things That Are Not True?

He wants control. He even wants to control the tax rate and spending of tax money raised from Martin's Point so that he can shift costs.

He wants to control the assets of the Fire Department to help balance a Town Budget that is out of control. He and other Council members were elected after promising Capital Improvements and Lower Taxes.

Have your taxes gone down? No!

Have the Streets and Canals been fixed? No!

Have Services been cut? Yes! Lifeguards, Chipping, Public Works, Codes & Police among others.

Yet Town administrative salaries have gone up sharply and the Formerly Volunteer Mayor and Council receive monthly stipends.

The Mayor is simply not as good as his word.

What do they call it when Government takes over private companies? Socialism!

Please help us stop this dishonest attempt to socialize our Volunteer Fire Department. We need your help to prevent the loss of our Volunteers. We need you to help prevent unnecessary increases in your property insurance and the cost of your Fire Rescue services.

Please act today and call or email the following Council Members and tell them to:

"Stop Trying to Ruin Our Volunteer Fire Department and Leave Martin's Point's Money Alone"

Don Smith- 252-261-4093 donmsm@embarqmail.com

Jody Hess- 252-261-0102  cedjhess@embarqmail.com

Brian McDonald- 252-255-5118  bmsstc@charter.net

Jim Pfizenmayer - 252-261-0643  jrp2008@charter.net

Kevin Stroud- 252-261-8464 obxkps@embarqmail.com

I'm still considering the "socialism" part, not certain about that one. But, I can vouch for the accuracy of the statements, both those attributed to the Mayor and the counter points. I have witnessed most of the statements first hand and you wil find most of the counter points either mentioned directly, or supported in my previous blog postings.

Random thoughts on the matter......................................

2009-01-28T18:52:00.004-05:00

I was trying to figure out how a Fire and Rescue contract might be worked out with Kitty Hawk. Would they be able to meet or beat the SSVFD price of service.

Currently, the SSVFD budget represents a tiny bit less than $0.02 of the TOSS $0.975 tax rate, but let's round that out to a solid $0.02. Which would generate approximately $300,000.00 for the budget(current budget $292,000.00).

Based on the figures I found on the Town of Kitty Hawk website, it appears that the KHFD represents around $0.04(.0421)of the town's $0.18 tax rate. One advantage, though, would be that KHFD does have it's own Ocean Rescue service which could be extended I presume at that rate.

The TOSS contract for the Life Guard Beach Service this year was $128,000.00 .

Now, I'm certain our Town Council would want to keep it as close as possible to current expenses or less, but this isn't looking too good so far.

I guess the KH Town Manager could set a lower price, but I think the KH taxpayers would want to be assured they were not subsidising the TOSS taxpayers. They might even think KH should make some thing off of the deal. Wouldn't you if the situation was reversed?

Let's see, up to $600,000.00 as compared to $420,000.00. Do I need to do the rest of the of the math?

I was just too curious......................................

2009-01-27T13:33:00.001-05:00

Reading the article in Sunday's Coastland Times regarding last weeks contract discussions, I didn't see among the quoted statements, some thing Mayor Smith said.

He was quoted as saying, that as far as he was concerned “this is it” (in reference to the contract document). My memory is that he further indicated that contract needed to be signed and returned within seven days, or “other means” of service may have to be arranged. Since the existing contract already includes a clause that would take effect in the event the TOSS chose to create it's own municipal fire department, I became quite curious as to what other possibilities might be available.

So, I decided to call our neighboring towns to see if they had been approached. Here is what I found:

Town of Duck

According to Town Manager Chris Layton, our Town Manager Charlie Read had approached him regarding the possibility of contracting for fire service in Southern Shores several months ago. He indicated that their response was that the Town of Duck was only interested in providing services within their own district.

Town of Kitty Hawk

I spoke to Town Manager John Stockton who indicated that he had been approached by Charlie Read in the “last couple of weeks” and that Kitty Hawk would be “willing to consider a proposal from” the TOSS. I'm not really surprised. If you were to present your current contractor with a contract designed to fail, you would want to have something else lined up.

Now I wonder, would Kitty Hawk accept the same conditions in a proposal as detailed in the contract just presented to the SSVFD? I guess we will have to wait and see. I'll try to keep track of any further progress in this matter, and post updates.

What's the problem?... What's the Plan?......................

2009-01-25T19:48:00.002-05:00

These are the questions I posed during the public comment portion of the last Council meeting. Of course, they don't normally respond during this part of the meeting, but I had hopes that someone would before the meeting closed.

No one addressed them and I'm not very confident that the Town Council would have a consensus in answering either question.

As a whole our Council has had nothing but the highest praise for the performance of the SSVFD, often citing instances of sterling service. To the best of my knowledge there has never been a complaint filed or voiced by the TOSS citizens, staff, or Town Council regarding either the manner or timeliness of their response. The Town's FSAB found that we had an “outstanding volunteer program” with strong leadership, at a bargain price.

It seems to me that if there were any severe problems in the SSVFD it would be exhibited in the overall performance of the department. Example: poor leadership leads to poor morale which results in poor performance. Something I contend would show up quickly in a volunteer environment and be quite difficult to mask.

All serious discussions I have witnessed have involved overall control of the SSVFD budget and assets. These two issues have resurfaced over and over again. It is as if after 25 years of operation the SSVFD can no longer be trusted to manage their own affairs and the TOSS must have possession of or full ownership of the assets (land, buildings, equipment, and funds).

Talk about a morale booster; tell a dedicated group of volunteers that you appreciate their work, and they can risk their own lives to save your property or lives if they choose to do so, but you cannot trust them to properly conduct their own fiscal affairs.

I thought the current Town Council pledged to run the TOSS as a business? Do you attempt to resolve issues of trust at that level by modifying a contract? I you don't trust a contractor to that extent why are you even contemplating a contract?

Ok, so what about this new Contract?...........................

2009-01-25T15:14:00.006-05:00

I have a copy of the contract and have considered posting it, or the most onerous portions of it, for my readers to see.. I have chosen not to, primarily because I'm not certain what it is.................really!

Even the Town Council members couldn't seem to agree at the meeting on the 20th, when Mayor Smith read a prepared statement and presented the contract.

In his statement (I cannot quote word for word), Mayor Smith seemed to indicate that this was the contract, that the SSVFD needed to respond (sign?) within seven days, or “an alternative means” (of service?) would have to be arranged. He seemed to indicate that this was final and non-negotiable.

Council member Hess recognized this and objected. This lead to further discussion among the Council members as to whether the contract had been negotiated, ultimately arriving at the conclusion that it had not.

Council member McDonald disagreed that this was an ultimatum and indicated that this was a draft intended to initiate negotiations. I believe this sentiment was reinforced by comments from the other Council members. The published Agenda for the council meeting referred to this as a “draft” contract, while the Broadcast email refers to it as “proposed”.

If it's a draft, why is there a “drop dead” date of January 27th? The current contract is in effect until the end of June.

Judging from my use of the words “seem”, “indicated”, and “believe”, I hope you can appreciate my predicament and understand why I have not posted the contract. After all, if it is actually a proposal and allowance is made for negotiation, the onerous points may not even appear in the final draft. It really did not look like the council had their act together on this.

None the less, the Town Council did vote 4 – 1 to present the contract to the SSVFD Board of Directors.

To add to the confusion, the copies of the contract presented to the Fire Chief and Chairman of the SSVFD were not complete, containing only the first two and last pages. The Town Manager had new copies made for them after the meeting.

What's with these Broadcast Emails from the TOSS?

2009-01-25T14:26:00.004-05:00

The TOSS has distributed two Broadcast emails regarding the SSVFD. The first was sent on Jan. 14 and the latest on the 23rd. For some reason the text of the email from the 14th is not available on the TOSS website, the notice from the 23rd can be seen here.

Broadcast Email from Jan.14th.

PROGRESS REPORT – FIRE DEPARTMENT CONTRACT

As many are aware, the Town Council has directed the Town Manager, in conjunction with the Town Attorney, to negotiate a new contract with the Southern Shores Volunteer Fire Department, Inc. (SSVFD). It has taken some time to gather the necessary information and input from various sources, but the Town is hopeful that a long-term, multi-year, and mutually beneficial agreement will be reached in the near future.

Due to recent questions that have been posed to Town staff members and others, we would like to clarify a few items of information which may not be commonly known to the citizens of the Town:

1.The SSVFD is not a department of the Town. It is a separate, not-for-profit corporation.

2.Unlike a Town department, the relationship between the Town and the SSVFD relies on a contractual agreement under which the Town appropriates money to the SSVFD in exchange for the SSVFD providing fire services to the Town and its citizens. Other than through the terms of this contractual relationship, the Town exercises no control over the SSVFD.

3.Similarly, the SSVFD is not a Dare County department, but contracts with Dare County to provide services to the residents of Martin’s Point.

4.The current Chief of the Fire Department, Chief Bob Harvey, is not an employee of the Town. Chief Harvey was a volunteer member of the SSVFD who the Board of Directors of the SSVFD selected and hired as their first full-time paid Chief.

Thank you for considering this information. If you have any further questions or concerns regarding the relationship between the Town and SSVFD please contact the Town’s staff for assistance.

The email above was sent out of cycle and seemingly out of the blue. When I saw it my first reaction was “Oh no, not again!”.

I'm still curious as to why this was sent and what was the reason for sending it at that time?

The bullet points are factually correct, but what is the point that the is TOSS trying to get across to the public?

One thing I did learn from discussion among Council members at the the Town Council meeting on the 20th was that first paragraph of the first notice was incorrect. Although Council had directed such, neither the Town Manager nor the Town Attorney had actually negotiated anything with the SSVFD. According to the SSVFD representatives at this meeting, the SSVFD had attempted to engage the Town Manager in negotiations multiple times in the course of the previous two months.

Can You Believe This?....................................

2009-01-25T11:59:00.002-05:00

Based on the new contract proposal presented by Mayor Smith this past Tuesday, it appears that the Southern Shores Town Council is out to break the SSVFD again. As pointed out by the TOSS in two unusual Broadcast emails, the Southern Shores Volunteer Fire Dept., Inc. is a private, non-profit corporation which provides fire, rescue, and emergency management services to the TOSS.

The SSVFD has been both the first responding agency and the majority source of manpower available on a moments notice, handling anything from fires in structures and wild land to first aid, life support, vehicle extrications, Hazardous Materials incidents, structural collapse (technical rescue and recovery), drownings, land search for lost people and assist patients into their homes or vehicles.

All of the above services provided by a dedicated staff of volunteers. With close to 500 dispatches a year these services are provided to the citizens and visitors of Southern Shores and Martins Point on a daily basis.

Emergency Management Services may be a surprise, but the SSVFD has become the Emergency Operations Center for the TOSS. Providing a hardened shelter, with power, food, and a communications center (fire, rescue, police, Coast Guard, and Ham radio), for the SSVFD, SSPD, Dare EMS, and TOSS staff.

All of the above services have been provided in the past 25 years by mutual agreement between the TOSS, Dare County and the SSVFD in a boiler-plate contract.

Suddenly, these past two fiscal years, the TOSS has found the original agreements to be lacking in some form or fashion, leading to often heated discussions, confusion, and the formation of a Fire Service Advisory Board.

The FSAB, was created by the Town Council to investigate the needs of the SSVFD and provide a venue for the formation of recommendations regarding the future relationship between the SSVFD and TOSS.
Contentious at times, this board explored all aspects of the the SSVFD's operations, budgeting (operating and capital), and planning (both near and long term) and produced a position paper presented to the Town Council on October 28th, 2008.

Take time to read these minutes and I think you will see the “cool” manner in which this report was received, pay special attention to the seemingly negative comments of Council members Pfizenmayer and Stroud who were both seated members of the FSAB. Although it appeared the Council would consider these findings, it is now quite apparent that the work of this Board of volunteers has been set aside in favor of some other agenda.

On the personal side of things..........

2008-08-27T06:47:00.000-04:00

Although local politics hasn't exactly been at the top of the list the last few weeks, I do “have a life” outside of this:

After four years of training diligently my German Shepherd Dog Jaz finally attained her Shutzhund I title in a trial held in Pungo, Virginia in May. Loues Vandepool of Belgium was the judge.

We obtained her obedience (BH) title about two years ago. In these trials each dog is judged on tracking, obedience, and protection. With the exception of tracking, all other routines are conducted “off-lead”.

Last month we helped our son Dave and his fiancée Kali move from Wilmington, NC to the Ft. Lauderdale, FL area for his new job as mate on a private sport fishing boat. His previous employer, George Sawley was recently featured in a “Top Five Captains” article in Marlin magazine.

In the August issue of Saltwater Sportsman, Dave can be seen in action, in his element in the “Top Shot” two page photo. He's the one in the white t-shirt in the foreground.

Wow, what a break......

2008-08-27T06:44:00.000-04:00

There hasn't been much to report, Council Workshop meetings have been canceled each month, with only one scheduled meeting a month there apparently hasn't been much in the way of serious business to conduct. One exception were the recessed and sometimes raucous meetings to discuss the “cut-through” issue (non-residents using Dogwood and Hickory Trails as a shortcut to Duck). I didn't report on this as it was well covered in the local papers and OBXAlert blog.

During this period council has primarily acted on some requisite resolutions, committee appointments and a directive.

September brings the return of the Mayor's Chat at 6:00 PM immediately before the 7:00 PM Council Meeting Sept. 2^nd. Perhaps there will be more to report after that.

Recessed Council Meeting Tuesday, June 10

2008-06-11T10:15:00.003-04:00

In a relatively brief meeting, the TOSS Council passed the new budget by a 3 to 2 vote. Instead of the .09 (cent per $100) recommended by the Town Manager, they passed the budget with the same .0975 rate as this past year.

So the net result of the past four months of turmoil along with considerable cuts in services (Ocean Rescue, Recycling, Chipping Program, and Volunteer Fire Dept.) is: nil ----zilch -----nada. Perhaps Mayor Smith is correct, if I may quote him (OBXAlert.blogspot.com) “This comes under the category of you can't make this stuff up”.

Now, the question is, can our services be restored? Probably not. Although the same tax rate was retained, so was the spending plan as designated in the Town Manager's original .09 budget. This gives TOSS a buffer of around $180,000.00, against further loss of revenue or funds to apply to Capital Improvements. We'll just have to wait and see what impacts there are from the service cuts. Retained in the new budget is Council compensation totaling $18,600 plus FICA, roughly equivalent to the cost of the two Lifeguards that were cut from the Ocean Rescue contract.

While reading a prepared statement before the budget discussion, Mayor Smith referred twice to a former council member. Commenting that this individual, 1.“voted for 40% of tax increases” and then that this person, 2. “recently suggested a .10 tax rate”. I confess, he was referring to me.

You be the judge, am I guilty or innocent as charged?

I voted on every TOSS budget during my tenure, and some of those did include tax increases. But as noted in the TOSS Minutes of June 24, 2005, I voted against the budget which included a .01 increase from the revenue neutral rate. So, I don't believe I'm responsible for the full “40%” increase. I'm not even going to try and figure out whether the 40% is accurate or not.
At one of the recent meetings I spoke at the Public Comment session regarding my personal analysis of the proposed budget. My comment s were essentially the same as you find in my post of May 16 on this blog under the title of Conclusions, with one exception. At the end of my statement, in a facetious manner I said (referring to Council compensation) “Why don't you go ahead and round that (tax rate) off to .10 and give yourselves a good raise. I don't think I'll miss the extra $9.26 this year”.

Again I wish to thank those council members that decided to err on the side of common sense and reason. Thanks go to Brian McDonald, Jodi Hess and Jim Pfizenmayer. And, although he did vote against the budget I want to recognize Kevin Stroud for a valiant attempt at a compromise budget. After all, I also voted against a budget for reasons different than those expressed by the Mayor.

What the ....................???

2008-06-04T10:43:00.006-04:00

Sorry I just could not come up with a more proper title for this post.

Tuesday, June 3, 2008 Southern Shores Town Council meeting. The agenda can be viewed here.

Note the that in the agenda there was to be an awards presentation “to several SS firefighters, SS police, Duck firefighters, Duck Police, and Dare County EMS members.

Earlier, in preparation for the meeting, as I ran a lint roller over my SSVFD uniform, it dawned on me that there are so few occasions when volunteer firefighters have the privilege and opportunity to wear the official uniform. All too often it is worn ceremonially with a band of mourning across the badge. But for this night it was to be worn with honor by all, to celebrate the saving of lives.

As you may well know, there had been considerable rancor over the TOSS/SSVFD contract. But, it appeared that a negotiation session the previous Friday had resolved most of the primary issues and at this point had been approved by the SSVFD Board of Directors only lacking a formal vote of approval by the TOSS council.

Very few of those who attended this meeting could have anticipated what would transpire, I certainly did not!

After the Council voted to formally approve the agenda, Mayor Smith immediately diverted from the approved agenda by announcing that he had a statement to read. He then proceeded to present what I can only describe as mean-hearted, condescending diatribe, rife with (what I view) as erroneous and faulty information, delivered in the form of an angry rant. Included in his presentation was the threat of forcibly taking control of the department. I will attempt to obtain a copy of his statement to post here in it's entirety.

I truly do not know if his intent was to disrespect and demean those rescuers present, but that was the net effect.

Perhaps he carried it further than he intended, but he did go to far, which I base on the stunned and shocked reaction of the 90+ members of the public present.

At the end of this statement, as a whole, with hardly a word said, most all those in uniform arose as one and filed out of the building. You had to be there to understand, there was nothing else they could have done. They proceeded to the SSVFD South Station to perform the ceremonies. Even though I was one of those to receive a unit citation for participating in a technically challenging vehicle extrication, I chose to stay, feeling compelled to speak.

I may address what I had to say in some other post, more important, were the speeches of numerous others speaking in support of the SSVFD during the Town Budget Public Hearing. On conclusion of the hearing, council deferred until next Tuesday at 7:00 PM the final vote on the budget.

Under old business, Council Members discussed the SSVFD/TOSS contract. It became apparent as the discussion continued, that if the Mayor had ever had any support for his agenda of defeating the contract and dissolving the SSVFD, that support had been severely eroded. I don't believe he would have gone to the measures that he did, if he did not feel he could carry the vote. The result was a 4 – 1 vote in favor of signing the SSVFD contract as agreed upon and modified through the course of this proceeding I can only assume that this action precluded the possibility of the Mayor then proposing a take over the department, at least for another year (term of the contract).

Thank goodness! Common sense and reason prevailed. My faith in the ability of this Town Council has been greatly restored. My thanks go to Brian McDonald, Jody Hess, Jim Pfizenmayer , and Kevin Stroud for recognizing the seriousness and potential realty of their decision.

More to come.........................................................

TOSS vs. SSVFD........My Last Post

2008-05-28T08:11:00.005-04:00

This is my last posting on this specific matter and I am reconsidering whether there is any true benefit to this blog. There was no intent in my previous posts to exacerbate this situation. My intent was to bring this to your attention.

My analogy regarding the Stages of Demise was written as a warning of what could happen, not a prediction nor a plan.

The lines have been drawn in the sands of Southern Shores, the outcome remains to be seen. Maybe, just maybe, common sense and reason will prevail over indignation and emotion. At any rate, in situations like this, it seems that government usually wins, good or bad. After all, there's the old adage “You can't fight Town Hall”.

As for myself, I can only express my own feelings with the term “heart-sick”. After 24 years of service I have to wonder: What does it amount to? What was I thinking all those years? I cannot help but feel that this is no longer a “Town of Volunteers” , it's more like: A Community of Millionaires Quibbling Over Pennies.

And now I can't resist the opportunity for one last analogy:

Jean-Luc Picard and his heroic crew of the Starship Enterprise having volunteered to explore the far reaches of the Universe, are now in contact with the Borg. Are we watching the last episode of this series?

You will be assimilated, resistance is futile!

My new approach to the topic at hand......................

2008-05-23T13:04:00.002-04:00

I understand that, yesterday, the Board of the SSVFD was to meet with Council Members Hess and Stroud to (presumably) discuss the recent differences between their respective organizations. Of course, I was sorely tempted to contact either a Board or Council Member (or both) to see what transpired. But I have been able to restrain myself up to this point so that I might conduct an experiment in the dynamics of the situation.

The basis of this experiment is to test the often quoted adage, “history shall repeat itself”. Of course, that is, if we do not learn from the past. Along with this, I am formulating a new theory that, as there are five distinct and identifiable stages of grief (or crisis)which are unavoidable, there are also several distinct and identifiable stages in the demise of a Volunteer Fire (Rescue or EMS) Department. These, I hope, are avoidable.

When I moved to Southern Shores during the summer of 1984, to the best of my memory, five of the the six fire departments on the Dare County north beaches were volunteer: Nags Head (with a paid Chief), Collington, Kitty Hawk, Southern Shores, and Duck. Although a “combination” department, I believe that Kill Devil Hills had a fairly strong volunteer program at the time. Today, the SSVFD is the last all volunteer department, and largest pool of on-scene personnel available this side of Roanoke Island.

As an historical parallel I'll be using a Volunteer Fire Department, Inc., which is now a town, combination, fire department. I will apologize in advance if in this process I somehow mis-state or otherwise err in my memory regarding the events that lead to the transition of this VFD to a paid department.

Please note: “Names have been changed to protect the innocent”I am trying to relate this in the simplest terms I can to try and keep this as brief as possible. Those readers who may recognize these circumstances and are much more knowledgeable than I regarding the VFD in this parable need not be insulted nor incensed if I have left out some detail of which I am unaware.

Background:

Sometime, I believe during the early '90's, a VFD reported to the Town their need for a new fire truck. For some reason, that I am not aware of, the town ended up ordering a new truck to present to the VFD. Given that the usual process for purchasing fire trucks includes the input of the fire department, in order to suit the specific needs of the department, the bulk of volunteers seemed to be resentful that the town had done this without their input. As I remember the situation, I believe this created a rift between the VFD and the town, with the volunteers not understanding why the town council would meddle in their affairs, while the council could not understand why the VFD did not seem to fully appreciate the purchase of the fire truck. Ultimately, the truck was delivered, accepted by the VFD and placed in service.

Unfortunately, over time, this rift seemed to grow into outright distrust. This, along with, complaints from some disaffected volunteers, caused the town council to start looking into and enter into the internal politics and operations of the VFD. (It is, after all, a part of the human condition that there are internal politics in every organization, healthy or otherwise.) Then there were accusations of fiscal misconduct in the VFD, so out of a sense of governmental responsibility the town council initiated an investigation into those accusations.

The Stages of Demise.

Stage 1. Denial: this may be expressed in being unable to accept what is happening or not acknowledging the situation or it's severity.

Town: They (VFD) can't be that upset about this. They should be more cooperative and conciliatory in this matter. They must have something to hide.

VFD: Why don't they (Town) trust us all of a sudden. We do our best, train hard, and get the job done.

Stage 2. Anger: produces the desire to fight back or get even with the offending party accelerating toward a direct confrontation.

VFD: They have no right to tamper with our internal affairs. They had better stop and leave us alone.

Town: They have no right to resist us. They had better cooperate or they'll regret this. The taxpayers expect action, we'll get a court order and settle this.

Stage 3. Bargaining: actually in this case nonproductive non-bargaining.

VFD: Lets give them a show of force and turn up at their meetings en mass, in uniform. They need to to know we cannot be intimidated. If they don't leave us alone we'll walk out and lock the doors.

Town: We've gotten a court injunction to keep their Fire Chief away from the VFD station and any dispatches. We've contact the SBI to investigate. We'll show them we won't be intimidated, if they continue to resist we'll padlock their station and lock them out.

Stage 4. Depression: overwhelming feelings of frustration, bitterness, doubt, or guilt.

VFD: How can we ever regain the trust of the citizens? Will the Town take over the VFD?
Did we do something wrong? We were in the right weren't we?

Town: If they had only cooperated we could have settled this without being forced to be so harsh. We were protecting the public interests, weren't we?

Stage 5. Acceptance: in this case more like resignation to the realities.

Town: So the result of the investigation produced nothing and there is no prosecution, they brought this on themselves. We'll be certain to keep an eye on them so the don't get out of hand again.

VFD: Our Chief has resigned, we're fighting among ourselves, this is really a mess. Can't we try to start over?

Conclusion: In my opinion the VFD never truly recovered. The spirit of proud service and camaraderie had been broken. The only option left was to hire a paid Fire Chief from outside the VFD and rebuild the department on a new model, as a combination department.

Does history have to be repeated here in Southern Shores? Can this “train wreck” be avoided? Or is the momentum to great?

Does my analogy between Grief and Demise work? Can any of the above stages be mitigated or avoided altogether?

I, personally, would rather have this experiment fail, and the progression above stall before my conclusion becomes a prediction. But I fear we are already at Stage 2. Anger. If it hasn't happened already, resolve on both sides, has begun to jell. Soon, if not already, the threats will begin to fly.

My Reply...........................

2008-05-21T09:11:00.003-04:00

Received an email last night with the following comment:

"I don't know whether he did justice to the topic " in just a few words" but it was way too long for me to read and comprehend. Someone needs to put out a short synopsis of what the problem is. Sorry to be so dense but long winded dissertations on any subject will lose the readers interest fast."

I've eliminated the sender's name as I don't believe it's necessary to reveal the identity.

Thanks for the comments XXXX, I understand. I stopped where I did, for now, because of the length and complexity. I'm certain i probably left out some key point that would help you understand. I'm pretty sure that with more background and detail (good grief) that you might better understand.

Basically, it is my belief that, the department could be inadvertently pushed into oblivian through some political game that is being played out. I'm not even certain of the purpose.

Volunteer's save this community literally millions of dollars each year. But they like to think they are truly appreciated, trusted, and are performing a valuable service. Feed them those three things and they thrive. Treat them with lip service as praise and imply distrust, they will find something else to do and fast They don't like politics and controversy, they just want to do what they are trained to do.

As an organization they are being treated by this council with the atmosphere of distrust as if they have mismanaged the business affairs of the department. I believe the SSVFD is and has been a good steward of their finances, and is a healthy viable organization. I may not, as a member agree with everything the goes on, but I tend to be an outcome oriented person. What I watch for is what happens when the dispatch goes out. If there are any internal differences at that point, they get set aside in order to get the job done.

And, this department does an outstanding job. There are paid departments on the beach that at times have had to reply to dispatches with "Not Responding" or "Standing By". To my knowledge it has never happened in the history of the SSVFD.

Why would it be in the interest of the citizens to ruin this? What is the purpose of strangling the SSVFD budget while reducing the tax rate and begin to pay council members $300 a month each?

I'm honestly concerned that this could lead to the end of the SSVFD. Is the Town Council prepared for that? This could easily lead to one of two realities, a paid Fire Dept. which would easily double the tax rate or double the insurance rates. Take a look at your tax bill then call your insurance agent and see which one you would prefer.

The SSVFD is a contracted agent of the Town. Council should hire them and stay out of their operations, let them do their job, or for more direct control start their own town department.

I don't know how else I could put it.

Is the Town of Southern Shores to Poor to Afford the SSVFD?

2008-05-20T15:37:00.005-04:00

As you may note from my previous articles, I have been an active member of the Southern Shores Volunteer Fire Department. To be exact I joined the SSVFD in December of 1984, so this is my 24^th year with the department. During those 24 years I have served in several roles, from Firefighter to Chief, including a couple of terms as Chairman of the Board of Directors. I wanted to state this up front to let you know the following may be somewhat biased.

In case you were not aware, the Southern Shores Volunteer Fire Department in not a town fire department. It is a separate non-profit corporation registered and incorporated under the laws of the State of North Carolina, operating under contracts of agency with both Dare County (for Martin's Point) and TOSS. Currently, there are 30 eligible (voting) members operating out of the two stations (East Dogwood and South Dogwood), plus around 15 support members assisting with other department activities. From Nags Head to Duck this is the last all volunteer department left on the Dare County North Beaches, all the others have three or more paid personnel.

In all these years I have never seen the relationship between TOSS and the SSVFD quite like it is today. Not since the early '90s when TOSS considered taking over the department, have I seen such tension between the two organizations. Now, I'm concerned, not just for the future of the department, but also for the future of the community and the taxpayers.

Over the last couple of years, contract discussions have resulted in friction to the extent that the SSVFD leadership has sought alternative means of support other than contracting directly with the town. As an example, they sought to accomplish this recently by expanding the existing Dare County/Martin's Point contract to include Southern Shores in the Fire Tax District. Although the county was amenable the town council did not agree to pass a resolution to effect that change.

So, now we are in a new town budget planning cycle and the friction increases further. Noted in my previous posting the SSVFD requested an increase, but it was recommended by the Town Manager that their budget should remain the same as the previous year. A $50,200 reduction from what had been requested. Why? When asked specifically why, by Council member Hess, the Town manger was unable to respond with a reasonable explanation. In the budget message he stated “...taking into consideration the Town's financial position, the status of the national, regional, and local economies, and the prior fiscal year appropriations for th fire service, I recommend an appropriation of $291,400.00 for the Fire Department Contract”.

So, are we to assume that the “Town's financial position” is the problem? Or is it the “status of national, regional and local economies”? I contend that it is none of the above!

Perhaps Council Member Stroud said it best when he stated “Let's not dance around the issue, let's get this out into the open” (not an exact quote, but I believe I have the gist of it), What is the real problem?

The SSVFD is the last department left on the beach without a full time paid Chief and that ---- is about to change.

In the past, the Fire Chief of the SSVFD was elected by the membership on an annual basis. A few weeks ago, as per the corporation's bylaws, the membership voted to change the bylaws to allow the Board of Directors to hire a Fire Chief, with a vote of 21 to 5 in favor. I believe this, as it became the primary topic after Councilman Stroud's statement, is the real reason the budget request was cut. Simply a political ploy to place the SSVFD in a financial position that precludes acting as directed by the membership. An attempt to interfere in the internal operations of the SSVFD.

Throughout it's existence, the SSVFD has only requested what was needed to operate efficiently and to maximize the ISO rating. Contract budget requests have gone up and down as each years needs have changed. If anyone has any concern as to the financial stewardship of the SSVFD they can review the annual certified audit provided as required by the TOSS contract, or I'm certain whether citizen or council member, either a member of the Board of Directors or the Chief, would be more than happy to arrange a meeting to go over the budget or any other matter of concern (252 261-2272 non-emergency number).

Will they be able to agree on a contract? What are the options? Will our tax rate be impacted? Will our insurance rates go up? Will TOSS take control of the SSVFD and form a town department?

I'm trying to sort this out and intend to present the options that I foresee, and to explore the potential answers to the those other questions as well..

You are welcome to return later for the “rest of the story”. I'll try not to take too long.

A Synopsis of the TOSS Budget Workshop --- May 13, 2008

2008-05-16T14:17:00.002-04:00

At this meeting the Council was presented with budget detailed spreadsheets and the Manager's “FY2008-09 Budget Message”. The following is the short version of the planned budget discussion:

Goal: A .09 tax rate (.0075 less than last year). With a total assessment of both real and personal property of $370,365 (from the Dare County Tax website) this tax rate would save me approximately$27.78. Or in simpler terms $7.50 per $100,000 in value.

Expenditures: Increased expenditures were noted in: salaries, benefits, cost-of-living increases, merit pay, fuel and insurance, despite the reduction in force of two permanent employee positions (replaced by temps). New with the presentation of this budget is Council Compensation totaling $18,600.

Revenue: Anticipated lose of revenue collection was noted in: Land Transfer Tax, Occupancy and local Sales taxes, Powell Bill money (for road repairs), and Building Permit fees. Of course the decrease in the property tax rate would also effect reduce both the revenue from that and the percentage of funding the town receives from the division of the Occupancy Tax collected by the county.

Undesignated Fund Balance: According to this plan, the Fund would remain at 75% (I assume 75% of the town's operating expense), and would not be used to balance this budget. Any growth would be transferred from the General fund to the Capital Reserve.

Reduction of Services: As previously established by town administration or council, the reduction in the number of recycling pickups in Winter, the elimination of the Chipping Program for the months June, July , and August, along with the modification of the Lifeguard/Ocean Rescue service, assist in making this budget balance.

Capital Improvements: None planned. $15,000 is included for the engineering studies required, but there is still yet no Capital Improvement Plan, therefore there are no street repairs or Storm Water mitigation projects scheduled or funded. Apparently two replacement squad cars for the Police Department had been considered, but removed from this budget plan.

Volunteer Fire Department: As a contracted agent for TOSS the VFD requested a budget of $341,600, noting the increase was due to: insurance costs (up 26.9%), fuel (up 14.3%), as well as, increases in Workers Compensation, Medical exams, State Pension contributions, member's benefits and awards (Volunteer Retention). Also, the hiring of the Departments first paid Fire Chief.

The Town Manager's recommendation was for no increase at all! This results in a budget of $291,400.

Compare this to our neighboring Fire Districts:

Town 07/08 08/09 (recommended by Town Manager)

Duck $427, 816 $517,500

Kitty Hawk $1,217490 (N/A at this time)

Conclusions: These are my thoughts and do not reflect the thoughts or opinions of anyone but myself.

The proposed budget appears to specifically reduce those services that directly benefit the individual taxpayers while increasing the Administrative and Operational costs of Town Hall. Don't mistake what I am saying. I think our Town employees are doing an outstanding job and have and deserve every benefit they receive. And, as exhibited by the turnover rate of the last couple of years, the Town must be competitive to retain good employees.

I would just rather have the Town keep my $27.78 and restore the services I used to have and fully fund the SSVFD (even if that means a modest tax increase).

Further: The audience at this workshop only consisted of myself, two other citizens, and the Fire Chief. The session was recessed until the May 27 Council Meeting (8:00 AM) and will be resumed at the end of that meeting. If you have and concerns about any of the above, you will want to attend.

This budget is still a work-in-progress and may be altered considerably. I believe Mayor Smith would like to present a budget that is further reduced in order to affect an .08 per $100 tax rate. While Council member Hess would like to consider a budget representing the current .0975 rate.

A full copy of the budget message can be found here.

There was considerably more discussion regarding the SSVFD at the meeting which I will cover further after I've had more time to sort out my thoughts.

First – Apologies (Excuses)

2008-05-14T11:34:00.001-04:00

Well, it sure has been a dry spell since my last February post. But, politically, nothing much has happened until recently (I'll be commenting on these issues in subsequent posts). Among things that have interrupted my blogging: my laptop decided to vacation in California for a couple of weeks while being rebuilt due to hardware failure, family considerations, major work projects (seemingly endless), and trying to be more attentive to my fire department obligations.

I did miss one TOSS Council meeting due to illness, but was advised by others that nothing notable was discussed.

Other than the Resolution Declaring English as the Official Language of Southern Shores, council had not really produced much.

More to follow, shortly....................................I promise!

One of the things I enjoy................

2008-02-13T09:55:00.009-05:00

As a firefighter in the Southern Shores Volunteer Fire Department, I had the opportunity to participate in a training burn at a structure in Duck this past Saturday. As is usual with this type activity, it was a full 12 hour day beginning at 06:30.

Our Engine Company, E123:

From left to right: Chris Loyd, Geoff Smith, Shirley Ruff , Jeannie Shrader, and Bob Ruff

In addition the SSVFD participated with a Truck Company (T12) and the Rehab Unit. Also participating were, of course, the Duck VFD, with crews from Kitty Hawk, Nags Head and I believe, Manteo or Manns Harbor.

The structure:

I'm not certain exactly how may evolutions (fire attacks) were made through the course of the day, but our crew (standing by for any 911 calls) was able to make two entries on a room fire in the second level of the North Wing.

Letting it go!

The finished product.........a vacant ocean front lot.

Training opportunities like this are invaluable to our local fire departments. The nearest live fire training facilities are located on: Hatteras Island, Norfolk, and Wilson. Long distances for our North Beach departments to travel with all the needed equipment.

If you haven't considered the possibility, do think about joining your local volunteer fire department, they could use your help. Among other things, your participation will help with the community's insurance rating (and insurance rates), and help keep local taxes low.

As an example: the SSVFD maintains two Stations (East Dogwood and South Dogwood) with two Engine Companies and two Truck Companies, generally responding with around twenty personnel on a "working" fire call. Cost to the Town: under $300,00 this year. Can you imagine what it would cost to have the same level of service from a paid department?

Think about this: if no one volunteers, what will happen?

The Coastland Times Editorial..........Tax Burden.......

2008-02-11T08:46:00.000-05:00

Did you read the recent Coastland Times editorial on the local tax burden? I intended to post a rebuttal, but Bob Muller in Nags Head beat me to it. In fact, his post is so factual and concise, I can't think of a thing to add to it.

Mr. Muller's post of Feb. 7, entitled How to Ruin a Good Report can be found at View from the Ridge.

Ocean Rescue/Lifeguard Contract Approved at Today's Council Meeting.....

2008-01-22T16:06:00.000-05:00

The service contract for this coming summer was approved at today's council meeting with more modest changes than previously discussed. The approved service consists of the following:

May 1 through Memorial Day and again Labor Day to September 30 there will be a roving lifeguard on a four-wheeler on the beach.

Memorial Day through Labor Day there will be two stationary lifeguard stands, one at Hillcrest access and at the Chicahauk access. In addition, there will also be two roving guards and a shared supervisor.

So the contract price has been reduced from $140,000 to $126,000 for a 10% savings. To accomplish this, the period of October 1-15 and the shared roving guard between Hillcrest and Plover Drive have been eliminated.

Other aspects of the contract were discussed further before being approved, in particular the the 3 year term of the contract which includes a schedule of small incremental price increases for subsequent years. The concern seemed to be that we would be stuck with the contractor and price for that period of time. The town attorney explained that the contract was based on the town appropriating funds for the service, and that if the town did not appropriate those funds or a sum less than required per the agreement, the contract would become null and void. After that council agreed to accept the terms.

At Last! – Comments!............

2008-01-21T12:29:00.000-05:00

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?

Why don't we unincorporate the Town?

2008-01-16T13:52:00.000-05:00

I have been amazed the number of times I have been asked that question or heard that desire expressed the last few days. But, I have to admit that I have made that statement before, in both open and closed sessions of the council. At the time I was trying to make a point and was being facetious.

Seriously, though, what circumstances would lead a reasonable person to that conclusion or desire?

In my opinion, if the town's service levels are ever reduced to the same level as provided by the county, it might become a true consideration. If the services offered are no greater than the services that would be provided otherwise, why should the town government exist? The best thing to do at this point would be to explore the effects this would have:

Services.............................Town...........................................County

Zoning : .......................................Yes...............................................Yes

Code Enforcement:.................... Yes............................................. Yes

Building/Repair Permits:......... Yes.............................................. Yes

Fire Inspection ...........................Yes..............................................Yes

Law Enforcement .......................Yes .............................................Yes

Public Works/Beautification .....Yes ..............................................No

Road Maintenance .....................Yes ..............................................No

Emergency Medical Service .....No ...............................................Yes *

Fire/Rescue ................................Yes............................................. Yes

Ocean Rescue/Lifeguards......... Yes .............................................No **

Garbage Collection......................Yes .............................................Yes

Recycling......................................Yes ..............................................No

Chipping/Vegetation Disposal ..Yes.............................................. No

*EMS is provided to all residents of the county, the towns do not participate in this operation

**This service can be arranged but an additional tax would need to be levied.

Most often singled out during town budget discussions, whether for major cuts or outright elimination, are Ocean Rescue/Lifeguards, Recycling, and Chipping. Remove them and the case for dissolution begins to look a little more attractive. After all, beautification issues could be put in the hands of local associations and the individual subdivisions could either take responsibility for their streets or work out something with the county. For example: property owners in Seacrest Village subdivision would not be paying for street repairs through a tax for repairs to a street in Chicahauk. Is this looking like a possibility?

Let's look at the realities involved, such as the ad valorem taxes:

Currently collected in TOSS............................................................. If no TOSS

County: .26 .........................................................................................County: .26

Town: .0975....................................................................................... Sanitation: .0675*

..............................................................................................................Fire Tax: .02**

Total: .3575 ........................................................................................Total: .3475 (This is what Martin's Point pays)

*Charged in all unincorporated areas of Dare County primarily for garbage pickup.

**Current Fire Tax in Martin's Point for service from the Southern Shores Volunteer Fire Dept., Inc., at this time there is no Fire Tax in the town it is a contracted service.

So, judging from the above, if Southern Shores were to dissolve town government the savings to the taxpayer would only be .01 per $100 of value.

Now let's look at what we are getting for that penny of tax:

Code Enforcement – this actually would include Zoning, Planning, Permitting, and Fire Inspection. Our town ordinances are customized and enforced based on the desire of the local community. Under the county, these matters would be based on more broad considerations and would not necessarily match our desires. Would you want to see a couple of “big box” stores in our commercial district?

This is the main reason Duck incorporated

Law Enforcement - the town currently provides 24/7 service, with constant community patrols and overlapping shifts to assure constant coverage. Although the county would assign a deputy to our community on each shift, that deputy would most likely be assigned Colington Harbour and Martin's Point as well. Street patrols would be minimal, and dispatch times (to arrival) could take awhile if the officer happened to be in Colington.

Public Works – to include beautification. This department maintains road signs, sight lines at intersections, mowing, maintenance for town buildings and grounds, and has dealt with storm water problems. Of course, the county would provide none of this.

Roads – under the NC General Statutes, counties have no responsibilities in regard to streets or roads. The town was most likely first incorporated so that shared revenues that then became available could be used to finance the repair and replacement of our streets and bridges.

Fire/Rescue – whether under the county or town would actually remain the same. One minor exception, the Fire Tax levied in Martin's Point is .02, while in the town the budgeted amount is currently equivalent to .017. The county will only levy this tax in whole or half points. Another point of interest is that in NC law the town is not required to provide fire service, the county is though.

Ocean Rescue/Lifeguard – details of how this service is structured can be found in a previous post. It is not a required service, but one that has been provided by the town for a number of years and matches the services that are currently provided in both Duck and Kitty Hawk. The county would have to charge for a service like this, as in Duck before they incorporated they would probably boost the Fire Tax .01 to be used for this service.

Garbage – the county is currently our contract for trash pickup, so I wouldn't expect much change with this service. Although, in Martin's Point there is no curbside pickup, they pay a full .0675 for centralized dumpsters.

Recycling – I believe Southern Shores is still the only community with curbside recycling, the county would probably provide a central recycling center somewhere in the vicinity.

Chipping – it is true that no other town here has a program exactly like Southern Shores, but most of the other towns in the county do have a larger Public Works Department that has the resources to haul away and deal with vegetative debris. In the case of Southern Shores, we use a contractor to deal with it. I don't believe the county deals with this problem except possibly through burn permits.

Having completed this exercise, it appears that, for now, the best course of action “for the better good of the whole” would be to maintain our independence and identity as an incorporated town. If you really thoroughly reviewed and digested the above, isn't it a wonder that we can employ the number of people along with providing the equipment and materials necessary to conduct business as a town?

On top of that to also provide customized, unique services to our citizens for little more than what would be paid to the county.

So, what is the problem? Why would anyone even consider the possibility? Obviously, they must be frustrated about the haggling and hullabaloo surrounding the town's budget and services.

What do you think?

Ocean Rescue/ Life Guard Service ‘08

2008-01-11T20:53:00.000-05:00

A hot topic of the last three Town Council meetings has been renewal of this contract. As submitted the service would remain the same as the last couple of years and cost $140,000. After the initial presentation the service representative Mirek Dabrowski was asked to cut the contract cost. Mirek agreed to return with a modified contract.

To better understand what impact a change might have let’s look at how the existing service is organized:

From May 1 to Memorial Day a roving patrol is provided with a Lifeguard on a 4-wheeler covering our four mile beach. From the Tuesday after Labor Day to October 15^th there is again one roving Lifeguard.

Memorial Day weekend through Labor Day weekend our beach is covered by stationary guards at stands (Hillcrest Access and Chicahauk), two roving guards patrolling the rest of the area, one roving guard shared by Duck and Southern Shores (Plover in Duck, Hillcrest in Southern Shores), and one Supervisor shared between the two towns.

In the past, the Town depended on the contractor to organize this service based on the need and his expertise. The company maintains a count of people using the beach through the summer months and uses those statistics to determine the level of protection required, based on density.
The only change to service in the last three seasons was the addition of a shared roving guard between Plover and Hillcrest accesses due to the increase in use at those two popular areas.

At the last regular council meeting a number of alternatives were proposed and discussed.
Mayor Smith suggested (as he has in the past) that swimming at our beaches should be at a persons’ own risk and is a matter of personal responsibility. Further, that at most, we should do as “we do in New Jersey” and only provide lifeguard service at the two stationary stands where the guarded areas would be marked by flags. Town Manager Charlie Read seemed to agree by indicating that Council should consider experimenting with that idea for one summer season to see how that would work out.

Mirek was asked by a council member if the contract could be reduced by changing the service period to just Memorial Day through Labor Day, he initially responded that it could be done that way if council wished... This caused an extensive discussion regarding coverage outside that period and what other agency would be dispatched to cover any incident that might occur. Ultimately, Mirek was asked, and he agreed, to return with a more balanced proposal to include a 10% reduction in cost.

Other than the above, the Town Manager stated that the contact should be placed on an annual renewal instead of the indicated three year contract.

The last contract proposal I have knowledge of was presented at Council Retreat and consisted of the following:

May 1 to Memorial Day weekend and from Labor Day through October 15^th
one Lifeguard would be on-call to be dispatched to any incidents between the hours of 10:00 AM to 6:00 PM.

Memorial Day weekend through Labor Day weekend there would be two stationary guards, one roving patrol and one shared Supervisor.

It seemed that the Town Manager was not pleased with this version and told Mirek to meet with him later in the week to discuss changes. At this point the status of the contract is undetermined, I will report back on this when I am able to obtain more information. Other than that we may have to wait to see if this will be covered in the January 22^nd Council Meeting Agenda.

This situation seems to beg the question: Should a service involving the safety of our citizens and visitors be based on the level of service needed or based on a dollar amount and designed to fit?

What do you think? I would love to see some other perspectives on this matter.

As an update: The Town Manager has assured me that he had a "fruitful meeting "with Mirek yesterday and they were "off and running on a positive note. Although no details regarding the service were provided. Guess we'll have to wait and see.

Annual Town Council Retreat ‘08…….

2008-01-11T09:14:00.000-05:00

The new council has now had the opportunity to meet a few times, most importantly; the two day retreat has been completed. The agenda for this event can be found here . As you may see a lot of topics were covered, generating a considerable amount of discussion.

For the most part the meetings were orderly and informative. Presentations from both staff and the service contractor that spoke were well organized and thorough. This is especially important for the new council members so that they can “get up to speed” on the internal works of town operations and the issues being faced in the near future.

From these meetings both near and long term goals are established, and the Operations and Capital Improvement budgets are “roughed out” so that town staff can generate a first draft budget and project schedule. The first order of business was to establish the “theme “ of the next years’ budget. The Town Finance Officer sought guidance from council as to whether the budget draft should be service based or tax based. In other words, should she prepare a draft based on the cost of the services as provided in the past, or budget based on a set tax rate with services adjusted to match the rate?

Initial consensus seemed to be to produce a draft based on the tax rate. Comments from council members ranged from rolling the current ad-valorem tax rate (.0975 per $100) back to .08, to fully funding existing services as they had been. The prevailing compromise position was to produce two drafts, one at a .08 tax rate and the other at .085. As the matter was discussed further four of the council members modified their stance by indicating that they were seeking to produce a workable budget that reflected an effort to be fiscally responsible without eliminating any services, with the aim of producing a 10 % cut where possible. For his part, the Mayor has been quite consistent in his argument that the tax rate must be rolled back to at least .08, and that all services and department budgets must reflect that reduction.

Tax-wise, what would this mean to the property owners?

In round numbers, our current tax rate of .0975 produces $97.50 per year, per $100,000 of value. So, a .08 tax rate would produce a tax savings of $17.50 per year, per $100,000 of property value.

The math is simple if you want to calculate your own property tax liability. Go here to look up your property by address, determine the tax levy value, and do the math.

Example: My property:

Tax Levy Value: $355,500 divided by 100 = $3,550

Current Tax $3,550 X .0975 = $346.13 per year.

Reduction to a .08 rate would save me $62.13 a year. But what effect would that have on the services I receive? Refer to my previous post to see what the town structure is and what services you currently enjoy.

This brings me to a specific topic that I want to address next due to the immediacy of contract negotiations involved; the Ocean Rescue/ Lifeguard service.

Later I will report on other retreat discussions, further analysis and background on our ad-valorem taxes, and explore other matters that produce the unique issues that have to be dealt with in Southern Shores.

What is the Town of Southern Shores?

2008-01-04T10:30:00.000-05:00

Geographically:

-Located on the Outer Banks of North Carolina in Dare County.

-Bordered by the Atlantic Ocean and Currituck Sound on the East and West, and the incorporated towns of Duck and Kitty Hawk to the North and South.

-Approximately one by four miles in area.

Motto: “A Town of Volunteers”

Town Hall Staff:

-Town Manager

-Administrative Assistant

-Finance Officer

-Town Clerk

Services: Code Enforcement, Police Department, and Public Works

-Code Enforcement Staff:

-Code Enforcement Administrator

-Code Enforcement Officer

-Permit Officer

-Fire Inspector (Part-Time)

-Administrative Assistant

Police Department:

-Chief

-Lieutenant

-Sergeants – 2

-Patrol Officers – 6

-Administrative Assistant

Public Works:

-Supervisor

-Maintenance Technicians -2

Contracted Services:

-Fire/Rescue: Southern Shores Volunteer Fire Dept., Inc.

-Ocean Rescue/Lifeguards: Surf Rescue-Life Guard

-Garbage Collection: Dare County Public Works

-Recycling: Tidewater Fiber Inc.

-Chipping/Vegetation Disposal: Atlantic Tree

Infrastructure:

-Ocean Beach – 4 miles

-Paved Roads – 38 miles

-Canals – 7 Miles

-Bridges – 4

-Cemetery – 1

Civic Organizations:

-Southern Shores Civic Association

-Chicahuak Property Owners Association

Population:

-As of the US Census of 2000: 2,201 (currently estimated at around 2,800).

-Summer Population: Estimated at an additional 3,000 to 5,000.

-Additional Stats

Property Tax Rate:

-Currently .0975 per $100 value

-Example: $97.50 for every $100,000 of value, a property valued at $500,000 would have a total tax of $487.50 per year.

Advice for the new Town Council Members……

2007-12-11T10:17:00.000-05:00

Congratulations!

As council members you can do good things and you can do bad things, it’s not always clear from that side of the dais. But, it’s always OK to do the right thing.

The New Southern Shores Town Council…..

2007-12-11T10:11:00.000-05:00

The selection of council members in Southern Shores is a non-partisan election based on three four year seats or two four year seats becoming available on a two year cycle. This year there were three seats up for election with six candidates running. Unfortunately, I came in fourth loosing by twelve votes. The next election will be November of 2009 when one council seat and the Mayor’s seat will be available.

Our new Town Council:

Mayor : Don Smith

Mayor Pro Tem: Brian McDonald

Council Members: Jodie Hess, Jim Pfizenmayer, and Kevin Stroud

Contact information can be found here.

Explanations....

2007-11-26T11:29:00.000-05:00

I have not abandoned the blog! There are too many questions to be answered and issues to resolve, even if only for my own peace of mind. I have a number of concerns about the direction the town has been going and feel that there may be the need for either mitigation or intervention of some type. For my next post I'll try to outline the issues I see, along with the lack of vision under which I feel town government is currently operating.

I will be happy just to get through this month. To give you an idea what it's been like since mid-October: re-election campaign, birth of a new grand-daughter, planning and implementation of a major network project at the office, council meetings, committee meetings, and a Working Dog Association Shutzhund Trial. Besides the normal work week, from October 20 through November 18 I have been on the road each Saturday and Sunday either to Pungo, Va or Wilmington, NC. This hasn't left much time or opportunity for Fire/Rescue attendance or blogging.

Obligatory Political Plug......

2007-10-31T12:14:00.000-04:00

Learned today that my email to the local newspapers had not been received, after faxing new copies, I've been informed that I missed the deadline for political letters. Thanks go to Sandy of the Outer Banks Sentinel for making certain I was notified.

To the Editor:

During the last few weeks I have been asked why I had not responded to the "mud slinging" that has been appearing in the letter section of the local newspapers. I had hoped to remain on the side lines of what appears to be a major political "sling-fest". However, after reading the letter now being circulated by Mayor Smith in support of the new candidates, I felt that I had to correct some errors that may give voters the wrong impression.

The Mayor states, "Over the past several years Council Members, Hess, Sanders, and Shields voted as follows;”

"Voted to increase taxes 40% during the past 4 years."

Not entirely correct. Refer to the vote found in the Council Minutes of June 24, 2005. This involved a tax increase that I felt was not necessary. Note that Council Members Sanders and McDonald voted "no".

"Voted to increase land transfer tax for beach nourishment despite overwhelming residential opposition."

Read the minutes from June 1, 2004. Town Council unanimously passed a resolution to express support for the State Legislature to give Dare County the authority to levy such a tax. Note in the minutes that nobody objected to this resolution and although Mr. Smith spoke during Public Comment he said nothing about it. The "overwhelming residential opposition" occurred much later, after the Legislature gave Dare County the right to levy a sales tax and the County exercised that right.

"Voted to change residential property to Government and Institution again despite overwhelming residential opposition."

There certainly was more opposition in this matter. But if you read the minutes from the September 4, 2007, I think you will see that the primary problem expressed had to do with an undeveloped "paper" street that had no bearing on the rezoning. Several people voiced support for the Outer Banks Community Foundation, but wanted to see the street eliminated. Also notable is that the rezoning passed by a 4 -1 vote which included Councilman McDonald voting “yes”.

"Failed to develop Short and Long Term Planning"

Judge for yourself: Look at the Council Minutes and budgets for the last few years. There were always short term plans covering one or two years with road and multi-use path projects, except this fiscal year. This year we sought to create a Capital Improvement Plan (CIP) covering a 5 - 10 year period. Council meeting agendas are composed and approved by the Mayor, for some reason the CIP workshop we had planned for this fall has not yet been placed on an agenda.

"Failed to begin Dredging Program"

Although initial action began in 2004, actual progress was being made in the period from January, 2005 through May 2005. Council minutes during this period reflect such things as, final resolution of the ownership of canal bottoms (Gravey Pond), negotiations with Hillcrest property owners, and reports on test samples. But the acquisition of a spoil site remained elusive. Property had to be designated in order to initiate the application process, a situation that was only resolved earlier this year. Also notable is the fact that the State did not actually grant the funding for this project until the summer of 2006 (Ref: Council Minutes, July 5, 2006). How far can you go, how fast can you move, when you have neither the land nor the funding to bring a project to completion? If the Town Council has failed in regard to this project, then it is a failure of all five members, not just three.

I’ve been accused of being part of a “block of three”, lacking integrity, honesty and open-mindedness, and supporting wasteful programs. Not true, there is no collusion going on, each of the incumbents has acted honorably on your behalf, and the “wasteful” programs we have voted for include the Chipping Program, Ocean Rescue, and Volunteer Fire Dept., all established, long standing programs for which the citizens have voiced strong support many times.

In situations like this, who do you believe? How do you determine the truth?

How do you make an educated decision? All the information you need is easily available, go to www.southernshores-nc.gov on the Internet and look up the minutes in the Documents section of the web-site or go by Town Hall and request copies. Do you want a Town Council of responsible but independent thinking individuals, or a group that will vote lockstep with one voice? Look at the issues, read the discussions, count the votes, then decide how you will vote. Don’t take my word for it or that of any other candidate or council member. “Trust but verify” is a good policy in most any situation.

If this doesn’t satisfy your curiosity, all Council members’ telephone numbers and email addresses are listed on the same website, contact them. By now all the candidates should have presented you with similar information. Utilize these resources. Make your decision and go vote.

David Sanders

Candidate for Re-Election

Southern Shores Town Council

First things first.........

2007-10-31T12:05:00.000-04:00

Thank you for providing me the opportunity and honor to server as your Town Councilman for the last four years.

This term on the council has been interesting, educational, and an experience I shall carry with me the rest of my life. I believe that I have held true to my platform of stewardship by voting to preserve and perpetuate the unique services and quality of life we enjoy in Southern Shores.

We must continue to press forward toward the establishment of a comprehensive Capital Improvement Plan, completion of the Canal Dredging project, improved communication and relations between town government, the Southern Shores Civic Association, Chicahauk Property Owners Association, and you the taxpayer.

I sincerely believe that through the use of common sense, reason, and reality, together we can produce a government that is streamlined and efficient: a town government in which you may have both trust and pride.

I therefore respectfully ask that you vote to re-elect me to another term as your Town Councilman so that I may continue to work toward these goals.

Thanks again,

David S.

My Intent.....

2007-10-31T09:18:00.000-04:00

My intent in establishing this blog is to try a new means of communicating with our ever growing and changing community. At times there seems to be a significant "disconnect" between our citizens, their respective owners associations, town government, and the tourism industry. I'm hoping that a blog like this will help facilitate a dialog that can help "bridge the gap" in communication and lead to a better understand of the needs of the community in general.

Please do comment. Your input is welcome. Comments will be moderated, but only for appropriate content and language. Try to keep your comments positive, I'm looking for solutions here.

2007-10-31T08:43:00.000-04:00