A portion of the culvert that channels water underneath the Juniper Trail/Trinitie Trail Bridge, which has been closed to all traffic since Monday, caved in earlier today when a construction crane knocked it down, according to two news releases issued by Southern Shores Town Manager Cliff Ogburn, the first one at 12:30 p.m.

The crane was being put in place by contractor Smith-Rowe LLC, of Raleigh, for use next week in removing the culvert when a piece of the structure gave way, Mr. Ogburn explained.

No one was injured as a result of the impact and cave-in, he said, and crews were said to be “actively working to remove the crane” as of 2 p.m. today.

Mr. Ogburn asked that no one visit the construction site while this work takes place.

The bridge was closed Monday to all vehicles, pedestrians, bicyclists, and boaters for an anticipated seven months of construction during which it will be replaced. (See The Beacon, 12/2/24, for background.)

THE BEACON, 12/13/24

The Town of Southern Shores sent out the following “special announcement” email from Mayor Elizabeth Morey and Eddie Hayman, Chairman of the Board of the Southern Shores Volunteer Fire Dept. (SSVFD), late yesterday afternoon:

“To the Residents, Property and Business Owners of the Town of Southern Shores,

“To maintain our excellent fire protection services, we are writing to share with you a path forward as we feel the time has come to evaluate the long-term sustainability of our present volunteer system. We are extremely thankful for our volunteer firefighters, past and present. They continue to provide excellent services aimed at preventing, limiting, and reducing damage of personal injury and property damage caused by fire or other emergencies. The volunteer organization is very much a part of the foundation that makes this a great place, and we will always be committed to keeping volunteers in place. Chief Ed Limbacher does an excellent job of leading the department, having gone far and above what’s expected for the past ten years. There are many people to thank through all the years of dedicated, loyal, generous and tireless service.

“We have been extremely fortunate to have received these services under our present contract and have not had to sacrifice any loss in protection while saving our taxpayers a considerable amount of their tax dollars. Considering any potential transition is an important decision. We have determined that working with a fire service consultant to help evaluate the feasibility of the Southern Shores Volunteer Fire Department becoming part of the Town of Southern Shores municipal government, is appropriate at this time.

“We will continue to keep you informed of our progress in the coming months. While we feel the time has come to evaluate where we are and to ensure we continue to do what is best for Southern Shores and for those that serve as volunteers, we want to assure everyone that our focus remains on keeping you all safe.

“With Greatest Respects,” signed by Mayor Morey and Mr. Hayman

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We have highlighted the significant language in this letter. After reading it, you might have asked, as we did: Why?

Why has the time come for a long-term evaluation of the volunteer fire department system?

Why is it appropriate now for the Town to work with a “fire service consultant” to help evaluate the “feasibility” of the SSVFD becoming a Town department, rather than remaining an independent, non-profit corporation?

What’s going on?

We don’t have answers, just questions, but we can provide you with some information that may be useful as situational context begins to emerge.

FACTS ABOUT THE SSVFD AND ITS RELATIONSHIP WITH THE TOWN

The Southern Shores Volunteer Fire Dept. is a 501(c)(3) non-profit corporation that was incorporated in 1982. A history on the SSVFD’s website traces its origins to “nine dedicated citizens” in Kitty Hawk who borrowed money to build a fire station near Wink’s Grocery Store on the beach road.

In 1968, according to the history, a fire district was established to provide fire protection services to Colington, Kitty Hawk, Southern Shores, and Duck. Subsequently, all four established their own standalone fire departments.

You might enjoy watching a videotape on the SSVFD website in which former Fire Chief David Sanders describes the department’s tremendous growth in the 1990s when he was in charge. Mr. Sanders, who also served on the Town Council, still lives in Southern Shores. (See http://www.ssvfd.net.)

The modern-day SSVFD provides contracted fire protection services and emergency medical support to Southern Shores and Martin’s Point. The current contract with Southern Shores started July 1, 2019 and is in effect until June 30, 2029. Previous contracts also have been for 10 years.

The Town of Southern Shores’ budget for the SSVFD in FY 2024-25 is $1,207,335: $893,315 for contracted services and $314,020 for the annual debt on the new fire station at 15 S. Dogwood Trail.

The Town assumed a 25-year mortgage in FY 2020-21 to pay for the construction of the station, which cost $5,419,223. Financed at an interest rate of 3.71 percent, the original annual debt payment was expected to be $333,552, but it was subsequently lowered to $314,020.

The Town’s SSVFD budget was $1,073,539 in FY 2023-24; $1,004,243 in FY 2022-23; and $964,378 in FY 2021-22. Dare County also contributes funding, and the SSVFD provides support throughout the county, when needed.

The only SSVFD firefighters who receive a salary and benefits are the Fire Chief and the Deputy Fire Chief. All others are unpaid professionals.

In 2023, Southern Shores Town Manager Cliff Ogburn asked the Town Council to increase the Town’s minimum required Undesignated Fund Balance (UFB) from $1.75 million to $3.5 million as a hedge against the possibility that the Town would have to “assume ownership of the assets and responsibility to provide fire services,” should its contract with SSVFD become “void.”

This possibility did not come to pass, and there has been no public discussion about the Town becoming the owner of the fire department.

The UFB is a Town set-aside of funding for emergency and disaster relief.

The Town Council held a closed session Tuesday night after completing the business agenda of its meeting. When it returned, the Mayor announced that she and her colleagues had authorized the Town Manager to hire a consultant “to help us with long-term town planning.” The Mayor did not elaborate.

SSVFD DEPUTY CHIEF MATTHEW DUDEK LEAVES FOR DUCK

The Duck Fire Dept. announced on Wednesday that it had hired Southern Shores Deputy Chief Matthew Dudek, effective immediately, as its new Deputy Fire Chief and Acting Fire Chief while Duck Fire Chief Donna Black transitions to her new position in Washington, D.C., as Deputy U.S. Fire Administrator.

One might assume that Mr. Dudek will succeed Ms. Black after her departure.

The Duck Fire Dept. is also a 501(c)(3) non-profit corporation staffed by volunteers, but according to budgetary materials on the Town of Duck website, more firefighting professionals are compensated than are paid in Southern Shores.

Deputy Chief Dudek joined the SSVFD in May 2021, after he and his family relocated to Southern Shores. A U.S. Navy veteran, the Deputy Chief has more than 25 years of fire service, including 20 years with fire departments in upstate New York.

Mr. Dudek also has a Bachelor’s degree in Crisis/Emergency/Disaster Management from State University of New York-Empire State College and a Master’s degree in Homeland Security from the Naval Postgraduate School, according to his Linked-In page. (The announcement of Deputy Chief Dudek’s appointment was carried on the Town of Duck website and in “The Outer Banks Voice.”)

The Town of Duck’s FY 2024-25 budget for its fire department is $2,065,851.

By Ann G. Sjoerdsma, The Beacon, 12/7/24

In anticipation of its 2025 property tax revaluation, Dare County has launched an informational webpage to assist property owner-taxpayers. It can be accessed at DareNC.gov/Revaluation.

If you have a sense that Dare County “just” reassessed property values, you are correct. It has reduced the time between revaluations by two years, the last revaluation being conducted in 2020, on the eve of the Covid-19 pandemic.

As The Beacon reported 6/2/24, when we learned about the 2025 reassessment by reviewing Southern Shores’ recommended FY 2024-25 budget, the State of North Carolina requires all counties to conduct property revaluations at least every eight years, on an “octennial cycle.” (See N.C. General Statutes sec. 105-286)

Counties may “advance” the revaluation cycle, however, if they choose.

Our records show that Dare County has largely observed a septennial revaluation cycle in recent years, having conducted revaluations on Jan. 1, 1998, Jan. 1, 2005, Jan. 1, 2013, and Jan. 1, 2020. It has never before scheduled a five-year cycle.

When the County revalues properties, it purportedly updates them to align with their current fair market values, which reflect “the most probable price a particular property would bring at sale in an open and competitive market,” according to a press release by Dare County.

A timeline on the new webpage shows that the County will revalue properties as of Jan. 1 and send out property assessment notices to property owner-taxpayers in February. See https://www.darenc.gov/departments/tax-department/2025-revaluation/revaluation-timeline.

Taxpayers will have 30 days after the date of their Value Notices to submit informal appeals to the Dare Tax Department, requesting an adjustment of new assessed property values.

Sales of homes comparable to a property being revalued are typically considered indicative of market value and are used by taxpayers to argue that Dare’s revaluation is incorrect. The Dare County 2025 Revaluation webpage actually has a comparable sales search tool that you may use to assess the accuracy and fairness of your property’s revaluation.

We will evaluate the search tool in January after we receive Value Notices to “test.”

The Dare County Board of Commissioners will set tax rates in June 2025, and the County will mail tax bills with new values in July and August, according to the timeline.

The new webpage also includes an overview of the revaluation process, answers to frequently asked questions, and Dare County’s “pledge” to work with all property owners to “ensure that every property is appraised at a reasonable estimate of its market value.”

By Ann G. Sjoerdsma, The Beacon, 12/6/24

The Southern Shores Town Council made short work on Tuesday night of a provision in a tree-removal/lot disturbance permit ordinance that the Planning Board had resurrected, after the Town removed it, and sent back to the Town Council for “reexamination.”

So swift was the Town Council’s dismissal of key language supported unanimously by the Planning Board in proposed Zoning Text Amendment 24-05 that we were left wondering if the principals on each board ever speak to each other, much less consult one another.

Thirty seconds after the public hearing on ZTA 24-05 ended, Mayor Pro Tem Matt Neal made a motion to approve the zoning amendment as written except “omitting the text change on page three, line 1200.”

Mr. Neal did not even speak aloud the words that the Planning Board had inserted and overwhelmingly recommended for approval at its Nov. 18 meeting. He used a citation, instead!

When Mayor Elizabeth Morey summarized the Mayor Pro Tem’s motion, she, too, skipped over the Planning Board’s recommended change, referring to it only as omitted text.

ZTA 24-05 ESTABLISHES EXCEPTIONS FOR GETTING PERMIT TO REMOVE TREES IN SETBACKS ON VACANT COMMERCIAL PROPERTY.

The Beacon explained ZTA 24-05 in detail on 11/17/24, and we will be brief here in reminding you what it is about.

In April, the Town Council adopted ZTA 24-02, which was a predecessor bill to ZTA 24-05. That legislation established that an owner of unimproved commercial property must obtain a lot disturbance/stormwater management (“LDSM”) permit before removing trees that are greater than 6 inches in diameter, measured at 4.5 feet above the ground, from within the front, side, and rear yard setbacks on any lot.

ZTA 24-02 amended Town Code section 36-171, which pertains to lot disturbance and stormwater management and sets forth the requirements for an LDSM permit—the obtaining of which is an early step in the building process.

Neither ZTA 24-02 nor ZTA 24-05 was a tree-preservation ordinance: Both dealt with vegetative buffers in lot setback areas, and both only required an LDSM permit before removing large-growth trees; neither prohibited their removal.

The Planning Board sought to extend this permit requirement to owners of undeveloped property in all zoning districts in Southern Shores, even though the Town Council passed ZTA 24-02 because it applied only to the general commercial district. Those three words, all zoning districts, were the “omitted text” that the Mayor and Mayor Pro Tem would not say.

ZTA 24-05 also included exceptions to the LDSM permit requirement for proposed tree removal in setback areas of commercial property when an “emergency” exists.

Again, we refer you to our earlier explanation on 11/17/14 and to the meeting preview we published on 11/30/24. Mr. Neal came up with the idea of legislating exceptions to the permit requirement.

See the text of ZTA 24-05 at https://www.southernshores-nc.gov/media/11196.

The Town Council did exactly what The Beacon expected it to do with ZTA 24-05, albeit more furtively and summarily than we think a municipal government should act, so why did the Planning Board expect a different result? Or did it? Was this just a power play? Or was something else afoot? A lack of communication? Of understanding?

The Mayor and Mayor Pro Tem both said that in striking the words that they would not speak– “all zoning districts”—from the ZTA, they were restoring what “we originally intended,” which had to do with vegetative buffer requirements in the commercial district.

Mr. Neal’s motion passed, 4-0—Councilman Robert Neilsen was absent—within a minute after it was made and seconded. The emergency exceptions to the permit requirement were in; the extension of the permit requirement to all zoning districts was out.

Give-and-Take Between the Town Council and Planning Board

There’s something rotten in the state of Denmark between the Town Council and the Town Planning Board, which spent considerable time at its Nov. 18 meeting deliberating over the new provisions of ZTA 24-05—an effort that was not recognized by the Council on Tuesday. We note that this is not the first time the Town Council has ignored the Planning Board’s judgment, without offering an on-the-record explanation.

It used to be customary for the Planning Board chairperson to attend Town Council meetings and to explain the Board’s decision-making on Zoning Text Amendments. Longtime Chairperson Sam Williams was a fixture at Town Council meetings, and his successor, Glenn Wyder, was carrying on in Williams’s tradition before he died suddenly in November 2018.

The custom of having the Planning Board Chairperson attend and participate in Town Council meetings ended when now-Mayor Elizabeth Morey assumed the position. Current Chairperson Andy Ward, who succeeded Ms. Morey, has appeared occasionally, but not on a regular basis.

We do not believe that the Town Council gives Planning Board members, all of whom it has appointed, the deference they are due. The Planning Board does not exist to serve the Town Council. It serves the town and its residents, and its voice should be heard and answered.

We would like to hear from the Planning Board Chairperson or another Board member on every ZTA. A public give-and-take between the two commissions should be restored.

2023-24 BEACH MONITORING REPORT NEEDS A PLAIN-ENGLISH SUMMARY.

Before the Town Council dispatched ZTA 24-05, beach nourishment consultant Ken Willson of Coastal Protection & Engineering of North Carolina, gave another redundant, overly complicated presentation to the Council, this time reporting on CPE’s monitoring of the Southern Shores’ shoreline and beach sand volume between June 2023 and June 2024.

CPE submits annual reports on the state of the beaches.

Unfortunately, because he reviews so much, Mr. Willson has been presenting much of the same material to the Town Council since 2017.

We have heard him speak, and read his abstruse reports, for seven years. You may read his latest report, which he submitted with Tuesday night’s presentation, here: https://www.dropbox.com/scl/fi/obzhiqimd6hl4pe5r9hgr/2024- SS-KH-KDH-Monitoring-Report.pdf?rlkey=sjpcikcs939y9n3u615f8sn6f&e=1&st=budjawlp&dl=0.

This report includes shoreline and volume changes measured by monitoring the beaches in Kitty Hawk and Kill Devil Hills, as well as Southern Shores, which makes it even more difficult to read.

With all due respect, Mr. Willson has a knack for stringing together familiar words in sentences that are meaningless to most people—except perhaps Mayor Pro Tem Neal and Town Manager Cliff Ogburn.

After he finished, Mayor Morey thanked Mr. Willson for “making” his “comprehensive” report “so we can understand it.”

We doubt anyone in the Pitts Center who listened to his presentation—other than the aforementioned—understood what he said. Mr. Neal’s questions showed familiarity with Mr. Willson’s report.

The Town Council should ask Mr. Willson to explain in one page what the annual beach monitoring showed. Not an “Executive Summary,” like he includes in his report, but a one-page, plain-English, what-did-the-profiling-show synopsis.

If he were to undertake this task, we believe he could write in about 250 words how well the Southern Shores beaches are doing—because of the 2022-23 nourishment project and because of natural forces. All of the figures and coastal-engineering speak that he employs only obscure the bottom-line assessment.

One detail of Mr. Willson’s presentation that was clearly understood by the Town Council, however, was his assumption that the Town will do a 2027 beach-maintenance project that is estimated to cost at least $6.6 million.

Councilman Batenic, who we recall made comments during his first year in office indicating his lack of awareness of the every-five-years “maintenance” schedule, asked Mr. Willson about this eventuality and its cost. His eyes clearly rolled upward, behind his glasses, with mention of the price tag.

Originally appointed to his seat after Town Council Member Elizabeth Morey was elected mayor, Mr. Batenic has proved to be a thoughtful representative of the public, one who has an independent streak that we would like to see him to exercise more often. (He ran for office in 2023 and earned his elected seat.)

When we pointed out to the Mayor in 2020 that Mr. Batenic was not informed about the five-year maintenance plan, she told us that the plan was not set in stone. The Town might not adhere to that schedule, she said. Mr. Willson certainly acted on Tuesday like it is a done deal.

CHICAHAUK SIDEWALK MAINTENANCE IN EXCHANGE FOR MORE SPACE.

Speaking of deals, the Town Council unanimously approved accepting a revised agreement between the Town and the Chicahauk Property Owners Assn. (CPOA) that calls for the Town to do $79,000 of maintenance on Chicahauk sidewalks in exchange for receiving 12,711 more square feet of easement space.

The additional square footage would be incorporated into an existing easement granted to the Town by the CPOA for the Town’s use of a parking area near the Chicahauk Trail and N.C. 12 intersection. (See The Beacon, 11/30/24, for a full description.)

Exercising his independent streak, Mr. Batenic, who is a Chicahauk resident, pointedly asked Town Manager Ogburn: “Is that all we get?”

“Somehow I feel like we’re being hoodwinked here,” he said.

“We’re being handed sidewalks—and being asked to fix them—that they let deteriorate.”

Quite rightly.

In our pre-meeting report 11/30/24, we expressed concern for residents whose back yards might front on the Town’s expanded easement space. We don’t think 10-foot vegetative buffers do much to blunt noise from parking or any other ingress-and-egress with vehicles. But now we appreciate Councilman Batenic’s perspective.

Why isn’t the CPOA contributing some money to the sidewalk repair?

Mr. Ogburn related that the CPOA had declined to make a financial contribution, and because the sidewalks, which the CPOA owns, are in the Town’s right-of-ways, the Town has responsibility for maintaining their condition.

“It’s the best deal we’re going to get,” Mayor Morey said.

HELP WANTED: LONG-RANGE TOWN PLANNING CONSULTANT.

The Town Council held a closed session Tuesday night after completing its business agenda. When it returned, the Mayor announced that she and her colleagues had authorized the Town Manager to hire a consultant “to help us with long-term town planning.” We wonder what the Town Council has in mind, but, as usual, the Mayor offered no elaboration.

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AND FINALLY, WE CONGRATULATE POLICE CHIEF DAVID M. KOLE on marking 40 years of service in law enforcement.

Southern Shores Deputy Police Chief Jonathan M. Slegel presented Chief Kole with an award Tuesday in recognition of his milestone achievement. The Chief has served in Southern Shores since early 2007. Before arriving in town, he served 22 ½ years as Chief of Police for the Village of Horseheads, N.Y.

In his earlier staff report to the Town Council, Chief Kole announced that Sergeant Matthew W. Cooke received the Police Department’s 2024 “Top Gun” award for having the highest firearms proficiency, and Officer Tracy M. Mann, who is the School Resource Officer, received the 2024 “Officer of the Year” award, an honor given by her peers.

Congratulations to all.

By Ann G. Sjoerdsma, The Beacon, 12/5/24

Closure of the Juniper Trail/Trinitie Trail culvert bridge to all traffic–a move that was expected to occur in November–will take place next Monday, Dec. 9, according to a press release issued today by the Town of Southern Shores.

The bridge, well known for its roller-coaster ride despite repeated repairs, will be replaced with a cored slab bridge, the construction of which is expected to take 210 days, or about seven months, to complete, the Town said.

Earlier this year, Town Manager Cliff Ogburn said that construction of the replacement bridge would start in November and be finished by “summer 2025,” with the bridge being closed for up to six months. (See The Beacon, 3/8/24.) The closure period has since increased.

During the closure, no vehicles, pedestrians, or bicyclists may cross the bridge, and no boaters may pass under it.

The Southern Shores Town Council voted unanimously on Oct. 10 to accept a construction bid of $1,667,178.70 by Smith-Rowe LLC for what is now being called the Trinitie Trail Bridge Construction Project and to authorize the Town Manager to execute a contract on behalf of the Town with the Mt. Airy, N.C. construction company.

Smith-Rowe’s bid was the lowest bid received among four competing contractors. (See The Beacon, 10/10/24.)

The 32-year-old company claims on its website to have built more than 400 bridges in its service area, which includes Virginia, Tennessee, South Carolina, and Georgia, as well as the heart of North Carolina.

The Town has been engaged with engineering/planning/design consultant Kimley-Horn and Associates, Inc., of Raleigh, on this project for about two years.

The bridge replacement is a public construction project and, as such, is subject to N.C. statutory requirements and supervision by the N.C. Dept. of Transportation.

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REMEMBER: THE TOWN COUNCIL MEETS TOMORROW AT 5:30 p.m. IN THE PITTS CENTER. The Beacon previewed the meeting highlights on Saturday, 11/30/24.

For the meeting agenda and background materials, see https://mccmeetings.blob.core.usgovcloudapi.net/soshoresnc-pubu/MEET-Packet-299dadb35c4146129ab0f7870843770f.pdf.

By Ann G. Sjoerdsma, The Beacon