DATE: Thursday, September 25, 1997          TAG: 9709250377

SECTION: LOCAL                   PAGE: B1   EDITION: NORTH CAROLINA 

SOURCE: BY PAUL SOUTH, STAFF WRITER 

DATELINE: KILL DEVIL HILLS                  LENGTH:   84 lines

COUNCIL'S VOTE KEEPS WATER DEAL AFLOAT PLAN COULD GIVE DARE BROADER CONTROL OF SUPPLY

Town commissioners Wednesday night approved a controversial amendment to the area's tri-party water agreement that will clear the way to sell emergency water to developments on the Currituck Outer Banks.

By a 4-1 vote, the five-member governing board gave the go-ahead to the change, which will remain in effect until a report on Dare County's water supply is completed some time next spring. Kill Devil Hills, Nags Head and Dare County entered into the agreement last year, and it guarantees water for the towns until 2036.

Mayor Pro Tempore E.M. ``Coy'' Harbeson, an outspoken critic of the water pact since its inception, cast the lone opposing vote.

Mayor Duncan Wright, along with Commissioners Jeff Shields, Jimmy Dean Hanks and Bill Morris voted for the amendment.

Under terms of the 40-year agreement, if the study shows that Dare County has ample water, it can then sell water to anyone under any circumstances, without the approval of the towns.

Kill Devil Hills officials had twice delayed action on the amendment. And, had they rejected the change, the pact would have died.

Earlier this month, they had requested changes in the amendment, including a hydrogeological study on Dare County's water supply, to be completed over the next 12 months. Dare County has hired Missimer International of Fort Myers, Fla., to do the study, at a cost of $153,200. The cost will not affect the water rates in Kill Devil Hills, county officials say.

However, the amendment did not include requests by Kill Devil Hills for a more specific definition of what constitutes an emergency. Nor did it give more clout to the town in deciding when emergency sales were appropriate.

Under the addendum, County Manager Terry Wheeler has sole authority to determine when such transactions are warranted.

But the refusal to grant those additional changes did not stop a majority of Kill Devil Hills commissioners from ratifying the amendment. Nor did criticism from a number of citizens, including Dare County Commissioner Cheryl Byrd. The county's contract for a water study was enough to sway the town board.

``I think the addition (of the water study) adequately protects the interest of Kill Devil Hills,'' Shields said. ``But we're going to be asking for proof to show that there is sufficient water to do this. That's going to be battle number two.''

Morris contended that this was not an issue of Dare County selling water to make money, but for emergency services only.

``I would hope that if Dare County was in a position not to be able to provide water or electricity or emergency services (to its residents), that we could count on our neighbors to help.''

But Steve Sawin, a Kill Devil Hills resident and former County Commission candidate, said this was not a step toward regional cooperation, as supporters have said.

``We're dealing with a private company and not Currituck County,'' Sawin told commissioners.``We're giving something and getting nothing. We're being told that this is in the good interest of regionalism, and that is patently false.''

And Byrd, a first-term Republican on the county board, even went so far as to accuse fellow Commissioners Doug Langford and Stan White of a ``clear conflict of interest'' in the water deal.

``They are both active in real estate development and/or sales on the Outer Banks, including Corolla,'' Byrd said. ``This clouds their ability to see what is best for Kill Devil Hills and Dare County.''

Reached at his home Wednesday night, Langford denied Byrd's charges.

``I don't believe myself or Mr. White have a conflict of interest,'' Langford said. ``That's something our board can settle. I do not have a property listed for sale in that area. I'm pleased that the Kill Devil Hills board passed the addendum, but I'm sorry the evening took a turn toward partisan political bickering.''

White, the newest member of the county board, also denied any conflict. He owns a Nags Head-based real estate and construction firm that has offices in Duck. He said he has no ownership interest in the affected developments served by Carolina Water Service Inc.

``I'm not sure how to respond,'' White said. ``We have sold property in Corolla and have built houses in Corolla and hope to continue to do so. But I don't have any ownership interest in any property in Currituck County and haven't had any in my life.''

With Wednesday night's vote, the addendum must go back to the Dare County Board of Commissioners and the Nags Head Board of Commissioners for final approval. The two boards had approved the original amendment. But with the addition of the water study provision, a new vote must be taken by the panels next month.

Dare and Nags Head are expected to approve the reworked amendment.

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