THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, January 5, 1995 TAG: 9501050421
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY LANE DEGREGORY, STAFF WRITER
DATELINE: SOUTHERN SHORES LENGTH: Long : 111 lines
It's taken 2 1/2 years, at least six separate votes, three lawyers and more than 200 citizens who attended a special public hearing.
But on Wednesday morning, the Southern Shores Town Council finally settled what some have called the most divisive controversy in the 15-year history of this Outer Banks beach community:
A playground can be built at the corner of Hillcrest Drive and Sea Oats Trail.
``There are no losers in this battle. Only winners,'' playground proponent Al Smith said after council members unanimously voted to approve the project. ``And the winners are the children and young people of Southern Shores.''
Playground opponent Don Bierwerth said he's ``relieved it's finally over. It's just gone on too long.''
Mayor Kern Pitts also seemed glad to put the issue behind him.
``I'm happy we can go on with our business now,'' Pitts said at Town Hall. ``I'm sure the scars will be healed up in the next couple of weeks. Then, we can all go on.''
Sponsored by the Southern Shores Civic Association, the ``Hillcrest Recreation Area'' will cover 2.7 acres in this sound-to-sea community. Plans include a level, grassy area for soccer, touch football, catch and other games; a tot lot for younger children that will include jungle gym-type playground 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, including a handicapped spot.
The $30,700 facility will be financed with civic association dues - not money from town coffers.
``We hope to begin construction as soon as possible,'' said civic association President Bob Siegel. ``We've already gotten a donation for all the labor on our concrete work. And we hope to have a lot of other volunteer work out there.
``I feel good this whole thing is over and we can get on with the playground,'' Siegel said. ``I knew there'd be problems. But I never knew it would last this long. Over two years - it's been quite a struggle.''
A quiet town of about 2,000 permanent residents, Southern Shores is a planned community with a large retiree population - many from Northeastern states. The town includes one shopping center at the east end of the Wright Memorial Bridge, a municipal complex and a few other small businesses. But most of it is residential.
When Southern Shores incorporated in 1979, town founders deeded several parcels of land to the civic association for common areas. About four years ago, civic association leaders began talking about putting a playground on the Hillcrest site. Parents and other residents said their neighborhoodneeded a central spot where children could throw a Frisbee, kick a soccer ball or shoot hoops.
Some retirees said that's the last thing their quiet community needs. After the final vote Wednesday morning, some playground opponents seemed upset that the facility will be built. Maureen Schorzman said she is dropping out of the civic association in protest.
``We're against the way this whole thing happened. We're not going to pay $35 a year to that organization any more,'' said Schorzman, who lives across the street from the playground lot. ``There are too many parking places for the playground, and they're not properly placed.''
The battle began over whether a playground should be built in the midst of residential and summer rental homes, with opponents saying it would reduce property values and increase crime. Arguments then shifted to what the site should include - with suggestions ranging from tennis courts to bird feeders. By the time more than 200 people showed up for a special public hearing on the playground Tuesday night, the conflict had degenerated to squabbling over subsections of zoning laws.
``On the plan presented to the town, the complete topographical information is not shown for the entire site,'' Bierwerth told elected officials during Tuesday's one-hour hearing. ``Section 2-B, subsection 2, specifically states that the topographical information must be shown for the entire area. If it's in the ordinance, it must be in the plan. Neither the Planning Board, nor the Town Council has the right to waive this requirement.''
In November, the Southern Shores Planning Board unanimously approved the playground project. Last month, civic association members approved the plan and expenditure by a 3-to-1 margin. The Town Council finally followed suit with a unanimous decision Wednesday morning. But the five-member board refused to vote in front of the crowd of citizens who showed up for Tuesday night's public hearing. Instead, the elected officials adjourned the gathering - and reconvened at 8:30 a.m. Wednesday. About 35 people showed up for the morning meeting.
``They brought a crowd here tonight. They should've made a decision for all the people who cared enough to come out,'' Southern Shores resident Jim Collins said after Tuesday night's hearing. ``This was all a little too legalese-like; too formal for a town meeting. I'd call it a lesson in poor civics all the way around.''
Before anyone could speak at Tuesday night's hearing, the town attorney insisted they be sworn to truth by taking an official oath. The civic association president and lawyer spoke for the playground. Then Bierwerth and his wife offered evidence against the project. No one else in the crowded Kitty Hawk School auditorium spoke. When Collins finally tried to ask a question, the town attorney told him he was out of line.
``Why aren't there any bathroom facilities for this playground?'' Collins asked from the back of the room. ``I'm just curious, that's all.''
``Sir, you're out of order,'' attorney Tom White said. ``This is not the place to answer inquiries. You'll have to make a recommendation or sit down.''
Collins said he didn't want to recommend anything - only to have his question answered. But White was firm. He would not answer any questions.
Finally, Collins gave up. He walked through the rows of metal folding chairs to the front of the room. He stood behind the wooden podium, took the microphone that was attached to a tape recorder, and offered his question as a suggestion.
``OK,'' Collins said, smiling. ``If you want a recommendation, I'll make one. I recommend you include a bathroom in this playground.''
``Thank you,'' White said. Collins sat down. The bathroom idea wasn't brought up again. by CNB