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Heated exchange precedes ouster of KDH attorney
Steven D. Michael.
Commissioners made the move even though Merrell still has seven months left on his contract and has been paid a non-refundable $30,000 retainer.
Commissioner Bob Woodard debated the wisdom of replacing Merrell. He said the attorney was the most experienced of those who responded to the town’s request for qualifications.
But after eliminating four of six candidates, Mayor Sheila Davies made a pitch for Michaels as the most qualified applicant.
In a heated exchange, Woodard and Merrell challenged new Commissioner Brandi Rheubottom after she said that in selecting an attorney, “you want to have somebody you’re comfortable with talking to and somebody that you know has the same moral standards that you do.”
“I take issue with this,” Merrell said. “What is your basis for questioning my morality?”
Critics portrayed Merrell as an advocate for Lowe’s, which is building a new store near the Wright Brothers National Memorial. But the previous board consistently insisted that it could not legally block the project.
Discontent with decisions clearing the way for Lowe’s was a driving force in the November elections. Three new board members, including the mayor, were elected to create a new majority.
The board voted 3-2 to allow Davies and Town Manager Debora Diaz to negotiate a contract, including fees, with Michael. Michael is also the Kitty Hawk town attorney.
Also responding to the request were Nicolas S. Ackerman, a family law attorney from Greensboro; Jonathan B. Davis, an assistant district attorney serving Hendersonville, Brevard, and Columbus; Wyatt M. Booth of the firm Vandeventer Black; and Lee Laskody of Chapel Hill.
Related story: Kill Devil Hills shopping for new town attorney »
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Allan says:
Ustabe it was Kitty Hawk that went through the municipal tortures–looks like it’s going to be KDH for a while.
Jeff says:
Dan Merrell and the taxpayers deserve better.
KDH Voter says:
Is this responsible governing???
Fire the Town Attorney before his contract is up. He has a non-refundable retainer that has already been paid.
Hire another, less-qualified attorney without knowing what he will charge.
In a public meeting, comment on the “moral standards” of the former Town Attorney. Inappropriate and unprofessional by any standards. Ms Ruebottom, who made that comment, should submit her resignation immediately. One can hardly believe how irresponsible Ruebottom is to make a statement like that about someone she has barely spoken to.
Nancy Millich says:
Gee, 20 years ago, I could see the monument from my deck on Tern Ct. What a CRIME to put a Lowe’s on that property. I assumed it was Park Service (or some other agency) protected property. Too bad all the Yankees didnt follow me when I moved; it’s a great place for them to visit, but LEAVE THE OBX ALONE!!!!!! It’s overdeveloped already!!!!!!!!!!!!!!
TKO says:
So the former lawyer for the town gave sound legal advice and saved taxpayers from funding an unwinnable lawsuit. So the new commissioner fires that attorney, wasting thousands of dollars, and hires a less experienced attorney who will happily tell them what they want to hear and rake in the billable hours working frivolous lawsuits. The said commissioner insults the attorney with integrity. Oh this just gets better and better. Well KDH, you get the government you deserve. Apparently you don’t deserve any better than this.
John T says:
This is pathetic!Dan is one of the most respected attorneys in the area and has served our town well.
The Lowe’s parcel is zoned commercial.Mrs Davies purchased a home directly across the street from that parcel.She has no one to blame but herself…..PERIOD!
Paul Buske says:
Mr. Merrell in my opinion served the Town well and did an outstanding job. One major issue with this move that I discoved yesterday speaking with an attorney is that the Town Attorney or Manager does not have to go through the RFQ process. However, once you start that process you have to follow the rules dealing with that process.
The following should have been the way this wash handled:
1) Send out RFQ
2) Pick and prioritize your candidates
The BOC proceeded properly to this point
3) Interview your first choice and if you “like” the candidate, negotiate a salary.
4
Paul Buske says:
Sorry, hit the wrong key.
4) Bring the recommendation to the full BOC for a vote and approval.
The BOC skipped steps 3 & 4, right now we “supposedly” have hired a new attorney without knowing what he will be paid.
This subject was on the agenda as only reviewing the RFQ’s, not hiring an attorney. Bob and I voted against this move due to proper procedure not being follow.
Wonder what Steve is going to charge us? How many of you would hire an employee without knowing what you were paying them and than letting them tell you what you will pay. Physical responsibility on their part?
Obx Homeowner/Resident says:
Responsible governing? There hasn’t been responsible governing in over five years. Just when you think it couldn’t get worse…..
Dan Merrell & the town deserve better!
Hang on, its gonna be a bumpy ride!
As the chief may put it, …. it’s my way, don’t like it, LEAVE.
killdevihillbilly says:
i cant wait till lowes opens! and i hope the manager becomes the next mayor of kdh! kdh needs the jobs! and its not like they are building on government property, you have the right to develop youre property when its zoned for that reason!
Watchdog Paul says:
Clearly the Board is entitled to hire and fire an attorney however and whenever it wants. Now in its lack of wisdom they will be paying both Merrell’s retainer and the new guy’s retainer. The comment by the Board member was out of order, unprofessional, and may have legal implications of its own. The Town is paying dearly for not paying attention to the election. If it was all about Lowes, which it appears to have been, Lowes had the law on its side. And traveling around I’ve seen a lot of Lowes stores, and though not nearly complete its apparent this one will be as good as it gets. Too bad the community rushed to judgement.
And another thing says:
Not a good start. Those of us who live in KDH better keep on eye on our new government. We suspected the election was all about Lowes, not vision or open government. Our previous administration did a very good job and kept our taxes low – as much as possible considering the constraints against them. The new government cares nothing about costs to the taxpayers, apparently.
I’m glad Lowes is coming. I will use it often since I am boycotting Home Depot due to their support for children’s booths at Gay Pride Parades (see AFA’s website).
Questioning someone’s morals in public is grounds for a lawsuit, is it not? Especially if it negatively affects their livelilhood. Another cost to the innocent taxpayers coming up?
Voters – please, get familiar with your choices before you cast your precious votes.
simmer down says:
Many of you are making lots of inferences and drawing lots of conclusions with very little information. According to the above article the Commissioner in question simply stated “you want to have somebody you’re comfortable with talking to and somebody that you know has the same moral standards that you do.” No where did she say “Mr. Merrell is immoral or unethical”. Please get a grip and relax. My understanding is that Mr. Merrell was billing the town a lot more than the previous attorney. Please wait to draw conclusions till the dust settles.
Tyler B says:
Wyatt Booth would have been my pick without a doubt. KDH’s loss.
obxneighbor says:
The internet is an amazing thing. After some serious Goole time I was able to navagate the North Carolina General Statute dealing with the process of hiring professional services. It is true once you start this process you must follow a specific structure. These services include engineers, architects, hirng someone for staffing study, ect. One of the things it doesn’t include is the hiring of a Town or Municipal Attorney because they serve at the will of the Mayor and Board of Commissioners. All it takes is the decision that a new attorney is wanted, just like it has been done in the past, and a majority vote of the Board.
John T says:
I feel like these new commissioners are seeking revenge over the construction of Lowe’s and the taxpayers are the one’s who are going to be left holding the bag.
Is it a coincidence that Mrs Rhuebottom,Mrs Davies and our town manager all reside in the Landing and First Flight subdivisions?You need to put your personal issues aside and do what’s best for the citizens of KDH.
These meetings need to be on television.The voters of KDH deserve to know the truth!
My guess is things would be different…A LOT DIFFERENT!
To Paul B says:
I am confused Paul, You said during the meeting that Kitty Hawk spent 70k on town attorney fees. If you read the OBV, it states Kitty Hawk only spent 37k last year. 30k of that was retainer which means they only spent an addition 7k in fees. You also question above about wondering what the new attorney will charge the Town. I was at the meeting and heard the Mayor state she expected the new contract to mirror the existing Kitty Hawk contract, where the retainer actually covers something, which is unlike the retainer of Merrell, which covered nothing. Also, can you define “Physical responsibility”.
I look forward to seeing the Town’s new attorney contract. At this time I reserve judgement on the Mayor and new Board members. Before people irrationally jump to judge them for the actions, perhaps we should wait to see what type of contract is negotiated with the new firm. They sounded confident at the meeting it would be better for the Town. Time will tell.
chaser says:
Watchdog paul…a lowes as good as it gets? What a giant box coporate store that doesnt fit into the landscape or has that nags head style…id rather have the trees and open space.
Bob Knows says:
@And another thing:
With a personal ban on Home Depot…I guess you don’t drink Pepsi or Coke? Wear Nikes and shop at Target, Gap, Best Buy or Sears? Maybe you don’t use At&t or Sprint? You don’t drive a GM, Toyota, Ford, Chrysler, Subaru or Volkswagen branded car? Do you buy books, hopefully not at Boarders or Barnes and Noble. Hopefully you don’t use any Unilever, P&G, Clorox, 3M, S.C. Johnson, Kimberly Clark branded products at home. Do you travel? I guess you don’t stay in Kimpton, Hilton, Wyndham or Marriott Int. branded properties. Drink Coffee? Better not be at Starbucks. When you fill up at the tank, hope its not at BP, Chevron or Shell branded stations. Got a Mastercard or Visa branded credit/debit card. You should cut it up! Don’t fly US Air. Stay off of Google and Yahoo. Don’t drink Coors or Anheuser-Busch or Miller Products. Hope you don’t have an Apple or Dell. This list is huge, but, based on your comments, your options are limited…
Watchdog Paul says:
Sir your option was trees only if you had the money to buy them. I’m alluding to the fact that THIS Lowes appears to have certain architechtural features that others I’ve seen do not, thus it is as good compared to those that do not reflect those features. Look at some others as you visit other cities. A keen eye will note the differences already. I would have rather had the trees too, but I’m realistic enough to know that the need to liquidate the estate resulted in a sale to the most qualified buyer.
KDH Resident Evil says:
@And another thing
If you would tear yourself away from Faux News for a moment, you might be surprised to learn not all gay people are pedophiles, as your comment thinly suggests. In fact, I’d say pedophilia has less to do with sexual orientation and more to do with a diseased mind that should probably be quarantined far away from humanity in a 6 x 8 room with large, uniformed people keeping watch.
As for the new board, I think they’re off to a fine start. Keep an ear to the ground and I’m sure you’ll start to hear reasons why Merrell’s services were no longer desired. Lowe’s might be part of the iceberg, but it is no more than the top of the tip.
obxpunjab says:
@ KDH Resident nice job confronting ignorance by heaping stupidity upon it.
The Town Attorney serves at the will of the board. Paul and Bob need to get over it. Not only did your cronies lose in Nov but they were ROFLstomped. Don’t like it? Resign.
OBX Resident says:
@KDH and OBX Voice: Calling someone a loser is a personal attack. Only Sturza lost in the recent election. It does not make him a “loser”. If Obama loses the election will you refer to him as a “loser”.
What “Buske/Merrell/sturza” did was honor the code of ordinances. Once one begins governing by mob and ignoring the regulations, is when society fails and we then all become “losers”. Just because a neighbor does not like it does not mean that the regs can be ignored.
John T says:
According to this OBV article
http://outerbanksvoice.com/2011/11/08/challengers-sweep-kdh-walters-tops-nags-head/
Kill Devil Hills had a voter turnout of 16.8% in the 2011 election.The anti Lowe’s crowd hit the voting polls in force out of anger,more so than those who supported the project.I don’t believe for one minute that the results of this election truly reflect the way KDH residents feel about the former Board Of Commissioners.
Would these residents feel better if they constructed a Super Wings store?????
tim says:
Apparently “Bob knows” doesn’t know that boarders went out if business.
Just saying... says:
OBX Res; I agree calling the 3 men losers is more of a personal attack, especially since only one was in the race. However, your analogy using 0bama is horrible!
It does go to show you how bad our education system is though. What is the opposite of a winner? If you do not win the race, the you ______ the race! Doesn’t make you a bad person, just means you ______ the race!
Watchdog Paul says:
Comments by the likes of KDH and OBX are indicative of the attitude Woodard and Buske are facing and are the reason the Board has become so fractured so quickly. The zoning laws were honored contrary to the wishes of many, that is true. But the arrogance being displayed is childish. The majority of the voters in KDH stayed home during the election, like they always do. The arrogance being displayed by those who worked the issue to gain seats on the Board is embarrising and if it continues,they will acomplish little to nothing. I am aware of a few investors who have already decided to shy away from the spiteful atmosphere in Kill Devil Hills.
obxneighbor says:
Obx Resident I agree with you. None of our town officials should be labeled in that manner. We should be thankful that we have citizens that step up and are willing to take on the challenge of running our town. Now as far as honoring the code of ordinances. If you are refering to the Lowe’s project there are a few things that could be seen as an issue. First is that they called Lowe’s a retail store because Home improvment store was not an accepted use in the KDH land use plan. Second is they made a couple of ordinances changes before anyone was aware, that in there own words helped the project go forward. Included in one of the changes was a section that allowed for more lot coverage. This allowed for a bigger project.They also made quite a few interpretations of the Code that all went in Lowe’s favor. It certainly is unstandable that the town may not have been able to stop the Lowe’s even if they wanted too. But it was in their power to control the scope of the project and they choose not too. I for one hope that this whole situation works out for the good of the town ie.. jobs to residents not people from over the bridge, tax revenue, and that they are a good neighbor. I also hope that we don’t get alot of the existing businesses that shut down because that would be jobs lost and tax revenue lost. We all should keep our fingers crossed on this one.
KDH says:
yes, in an election you have a winner and a loser and
if obama loses he will not be the winner.. hello. we, as
a small township should have been allowed to vote on this
project, this is not new york city. this is why we all live
here, not to mention the wildlife and yes the trees you butchered. small townships such as ours should vote on matters that affect us all such as this, we had a sheriff’s
ballot that would had filled the bill quite nicely.
oh yeah, attack this..
Stan Clough says:
It amazes me how much negativity we hear from people that do not even understand what is going on or did go on. There are a lot of serious problems in our country now, everyone needs to wake up !!!
Sharon says:
What’s wrong with Lowes? If the so-called Mom & Pop businesses want to compete with Lowes, perhaps they should stay open later than noon on Saturdays and 5 p.m. Monday thru Friday!
Watchdog Paul says:
Hmmm….Sherrif’s Ballot? Clearly you are not from around these parts. There is no such thing in NC and the State of NC does not allow referendums on land use or zoning issues. Look it up, or stay mired in denial, its your choice.
Stan Clough says:
Lowes is an established business that has been doing business on the outer banks for many years from its Elizabeth City store. I am glad to have them on the Outer Banks. I am sorry that the store happens to be next to a home owner that now happens to be mayor. We all need to be aware of our sorroundings.
I believe Lowes will be a good member of our community and will benefit Kill Devil Hills.
obxneighbor says:
“I am sorry that the store happens to be next to a home owner that now happens to be mayor” Stan Clough member of the Planning Board, how about explaining what you mean by this statement.
Frank Moore says:
Sharon and Stan said it well. Lowes will be good for Kill Devil Hills, in regards to employment opportunities and tax revenue,and we,the consumer, will now have a much better choice for goods and services at a more affordable price. And those of you who blame Lowes for moving into KDH, remember they did nothing wrong. Those who fought them the most and loudest did so for personal reasons, only !!
KDH says:
hmmm…dime to a donut we’ve been here a lot
longer than you have. only difference, we don’t
hide behind zoning issues and referendums and are
very much aware of what is right and what is wrong..
Great news to the skeptics!! says:
The town was able to negotiate a better contract with the new attorney! I think it may be the best contract the town has had with an attorney. Way to go Mayor and new commissioners, great vision and thank you for your transparency!
KDHNeighbor says:
I think it’s funny that the people whose quality of life are most impacted by this store are no longer talking about it. You know who keeps bringing it up? People who like to stir the pot. It’s here. Done deal. Having said that, if you feel strongly about this store, or the election, or the change in attorneys, or decisions being made, come to a meeting and share your thoughts. If you don’t care enough to participate, don’t complain.
KDH says:
you’re right, somebody obviously muzzled watchdog,
so i’ll stay out of it too..
Who read the Sentinel today? says:
Very good article on front page!
Stan Clough says:
to “obxneighbor”, I mean just what it says, I am truely sorry neighbors are unhappy about Lowes being next to them . Our new mayor is one of them . I was the ONLY planning board member that voted against Lowes.
Paul Buske says:
“To Paul B”
If I said Kitty Hawk in the meeting than I miss-spoke, I meant to say Southern Shores as I had no info on Kitty Hawk, only KDH, NH and SS. I appologize for the mistake.
To “OBX Neighbor”
You are correct, RFQ’s do not apply to Attornies, HOWEVER, once you open the door and start the RFQ process you have to follow the process. But, good research on your part.
To the person who posted on Jan 29th who’s post was deleted after 6 days (Thanks Russ and Rob for allowing that personal attack to stay on the site so long) who called Ray Sturza, Dan Merrill and myself losers along with other comments, you are a coward hiding behind a screen name. Why not repost that comment using your real name? Better yet, come to my house and look me in the eye man to man and call me a loser and let’s see who the loser really is!
I am the only elected official who posts on this site attempting to add to articles with info that was not reported to try and help give more info to keep you, the public, informed. No one else will come here and post and I can see why. I doubt you will see many if any more posts from myself as my attempts to infrom you create more negativity than good.
To Rob and Russ, you are doing a good job of reporting but I hope in the future your articles are complete and you do not leave out very important statements by myself and others on why we vote the way we do. Also, if you really want to be taken seriously as a newspaper, why not make people post under their real names? I can not write a letter to any newspaper and have it published without giving my real name, address and contact info; you do not have to print that info. I know you won’t do that because it’s all about “hits” and visitors to your site so you can sell adverstising, having people use thier real name will drastically reduce comments which in turn will reduce “hits” which will in turn reduce advertising.
It will be interesting to se if this post stays on the site.
Respectfully;
Paul Buske