THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Wednesday, December 7, 1994 TAG: 9412070449
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY LANE DeGREGORY, STAFF WRITER
DATELINE: SOUTHERN SHORES LENGTH: Medium: 81 lines
Plans to build a playground in this Outer Banks town were put on hold Tuesday when elected officials unanimously voted to hold a public hearing on the project.
Last month, about 300 members of the Southern Shores Civic Association approved the playground by a 3-to-1 margin. Town planning board members unanimously passed the 2.7-acre site plan a week ago.
But Mayor Kern Pitts said a public hearing - at which everyone in the town has a chance to comment - will be held early next year.
``We've been advised by our legal counsel that we should hold a public hearing,'' Pitts said during the Town Council meeting. ``That's why we decided to schedule one.''
Town Council member Myra Ledyard did not attend Tuesday's meeting.
Because the recreational facility requires a conditional use permit, town attorney Thomas L. White Jr. said council members could schedule a hearing - but did not have to.
The civic association is not part of the municipal government, so that group's meeting did not constitute a public gathering, White said.
Comments at the town-sponsored public hearing must be based on concerns about the project's compatibility with existing ordinances - not on individual opinions or emotional aspects, White said.
``You must give the people 15 days of public notice,'' White told the board. ``But when you hold the hearing is up to you.''
Scheduling the hearing set off another conflict among the 50 or so citizens who gathered at town hall Tuesday.
Since the playground was first proposed for a site between Hillcrest Drive and Sea Oats Trail more than four years ago, the issue has become a battleground for many Southern Shores residents.
Some say the controversy is the largest in the town's 15-year history.
Parents and other residents say their neighborhood needs a central spot where children can throw a Frisbee, kick a soccer ball or shoot basketballs.
Many retirees say that's the last thing their quiet community needs.
Current playground plans include a level, grassy area for soccer, touch football, catch and other games; a tot lot for younger children which will include jungle gym-type equipment; a hard-surface, half-court basketball court; a ``quiet area'' with winding paths and benches; and two parking areas with spaces for 10 vehicles.
The $30,700 facility will be financed with civic association funds - not money from the town coffers.
``I'm in favor of a public hearing for this project,'' said Donald Bierwerth, who lives near the proposed playground site and has collected more than 500 signatures on a petition opposing it. ``We don't know yet what the impact of this actually will be on the area.''
The mayor wanted to hold the hearing at 9 a.m. - during the Jan. 3 council meeting. But several members of the audience protested, saying working people would not be able to attend.
``If you want to be fair about this, you need to hold it after business hours so everyone can come,'' said Andy Ward, a Southern Shores parent who supports the playground. ``Don't just schedule it when senior citizens and retirees are available. That puts an undue burden on working parents.''
Civic Association President Bob Siegel agreed, saying a public hearing should be scheduled in the evening. But he questioned the need for another bureaucratic maneuver before council members could vote on the issue.
``We need closure on this issue. We have to decide on this and end it so the healing in this town can begin,'' Siegel said. ``Does the town itself really have the authority to deny what the civic association already approved by a 3-1 vote anyway? But really, it is up to the town whether to hold a hearing. We're willing to do this if that's what they want.''
At the end of the meeting, Pitts set the public hearing for 7:30 p.m. Jan. 3 in Kitty Hawk Elementary School.
Before that hearing, the town's planning board will visit the site.
Town Planner Bruce Bortz said the playground needs additional handicapped parking spaces, increased vegetation around the parking areas, and solutions to some concerns over drainage. His board is scheduled to meet at 7:30 p.m. Dec. 26 in the town hall. ILLUSTRATION: Graphic
PLAYGROUND PLAN
[For complete graphic, please see microfilm]
by CNB