THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, October 28, 1994 TAG: 9410280582
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: KILL DEVIL HILLS LENGTH: Medium: 74 lines
The president of the Kill Devil Hills Taxpayers Association says he plans to ask for an attorney general's opinion on the legality of an agreement on lifeguards approved Wednesday night by the Kill Devil Hills Board of Commissioners.
By a 4-1 vote, the board approved a long-term agreement with Lifeguard Beach Services that calls for LBS to provide ocean rescue services for the town for the next three years with a two-year renewal option. The three-year pact will cost the town $522,661.
However, Barry C. Jones, president of the taxpayers' group, challenged the legality of the agreement, saying it may violate North Carolina's competitive bid law,
``The taxpayers want to know why this administration is willing to put the next administration into debt by signing a contract for the next three years, and making it impossible to get bids in the future,'' Jones said.
However, Town Clerk Mary E. Quidley sent a letter Thursday to Jones which said state laws do not require competitive bidding on professional services.
Jones also asked the commission to explain why Edward C. ``Ned'' Kuehn, a Virginia Beach man who had submitted a proposal for ocean rescue services, was not allowed to make a presentation to the board in September. He said Kuehn had been given a place on the agenda, but was later removed.
``Every citizen would like to know why a competitive proposal for beach services was taken off the September agenda, and the person that submitted this proposal (Kuehn) was not allowed to speak to the board,'' Jones said. ``Could this proposal have saved us tens of thousands of dollars or perhaps hundreds of thousands? Inquiring minds would like to know.''
Mayor Terry Gray said Thursday that Jones' complaint ``is inaccurate. Mr. Kuehn was never on the agenda.
``But if he wanted to talk to us he could have come and spoken during the two public comment sessions we have at every meeting,'' Gray said.
Jones also cited constitutional issues, claiming that Kuehn's First Amendment rights were violated when he was not allowed to appear before the board with his proposal.
Commissioner E.M. ``Coy'' Harbeson, who voted against the agreement, agreed with Jones.
``A lot of people are concerned that we did not hear Mr. Keuhn's proposal, be it good, bad or indifferent.''
Harbeson also said the cost of the three-year contract caused an undue burden on taxpayers.
``We don't know what the economy is going to be like in three years,'' he said. ``This is too much money to ask from taxpayers at this time.''
Harbeson was also critical of provisions that allow LBS to rent beach chairs, umbrellas and other merchandise on the beach, and said the town should receive a percentage of the gross revenues derived from those rentals. He also questioned the merchandising's impact on safety.
``It's like asking state troopers to sell soft drinks on the side of the road,'' he said.
Commissioner Bill Morris said Harbeson's comparison was ``unfair.''
``I don't see anything wrong with making a profit,'' said Morris. ``I think the road we're going down is a good road. Mr. (Bob) Gabriel (president of LBS) has done a good job. He has a good rapport with the community.''
Like Morris, Commissioner Lurana Cowan said she has received no complaints from constituents about the matter.
``I've had no one come to me,'' she said.
But, she added, ``I think it's a case of putting money before safety. We have to protect the people on the beach.''
In other action, the commission approved unanimously the town's 1993-94 independent audit, conducted by the firm of Hutchins Allen & Co.
The board also honored Deputy Clerk Claire Waterfield, who is retiring after 21 years of service to the town. by CNB