Monday evening, Sep. 8, the Duck Hill Board of Alderman held their annual budget hearing starting at 5:30 p.m. Immediately following the budget hearing, they held their regularly scheduled monthly meeting. The highlights of the meeting are as follows.
For the first matter on the agenda, the Board heard from North Central Planning and Development District Grant Administrator Beverly Yeoman. Yeoman updated the Board on recent grant applications including the Appalachian Regional Commission (ARC) grant and the Home grant. On a motion by Alderman Chris Caldwell and seconded by Alderwoman Shernell Brown Everett, the board approved a contract between the Town and NCPDD to move forward with the ARC grant. This grant will help fund sewer system updates within the city. In addition, the Board approved a contract between NCPDD and the Town for the Home grant on a motion from Alderman Caldwell and a second from Alderwoman Likisha Small.
The next major matter of business to be discussed was the Police Report received by the Board from Police Chief Tim Gholston. Alderman Michael Allen questioned the means by which the disturbance reports listed on the police report were received, asking if they had been witnessed first hand by the responding officer. Chief Gholston explained that each of the disturbances listed on the report were calls that were received by the police department. Alderman Allen then questioned how noise level is determined in the instances of these complaints. At this point, an attending resident, Kim Cooley, responded to the question explaining that in her experience she could not focus on her work due to the level of noise.
“I’ve brought proof - for three years I’ve brought proof - videos to everything else. I’ve texted them directly, so the proof is not the issue. The question, though, is why aren’t these people being fined? Because it’s been the same people for the past two or three years,” Cooley stated.
“The thing is - if they’re doing it in our presence, then yes, we write citations and things like that - But if you’ve got proof of them [being] a disturbance, all you’ve got to do is come sign charges like we’ve been telling you,” Police Chief Gholston responded.
“So what would be the purpose of PD if we [citizens] are responsible for coming down here and filing charges on everyone that violates an ordinance?” Cooley questioned.
At this point in the exchange, Chief Gholston explained that by the time the PD has received the call and made it to the scene, the suspects accused of causing the disturbance have already left the scene. After further questions from Alderman Allen about the criteria of determining what is “too loud,” Town Attorney Adam Kirk added to the conversation.
“I don’t think the law requires a meter - like a decibel meter- or anything. I think it’s probably just what a reasonable person would consider to be loud and intrusive,” Attorney Kirk stated.
Kirk went on to explain, “But the problem is, just like he [Chief Gholston] said, is when he gets there, it ain’t there. Like he was saying, citizens can come sign affidavits, sign charges, and come testify in court and tell the judge - the problem with him showing up and writing a citation is he’s basing that off of what somebody else told him and you’re not supposed to do that, you’re supposed to be first-hand.”
After a bit more discussion, Attorney Kirk added, “Most of the [charges] other than a speeding ticket, a DUI, or something they [the officers] are gonna come up on through a road block or through a traffic stop - those are all gonna come through the officers. But any kind of trespassing charges or disturbing the peace, all of that, ninety-nine percent of them are gonna be from the person who was offended, who the offense was committed against.”
He went on to explain that if a citation is written based on a witness statement alone, that the charge is likely to be thrown out in court due to lack of substantial evidence. After a significant discourse on the issue, the subject was ultimately put to rest by Mayor Al White requesting the Board’s decision on the Police Report. The Board moved to accept the report on a motion from Alderman Caldwell and a second from Alderwoman Small with all in favor.
