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Volume 23, Number 14
r=* i SS Off
BY SUSAN USHER
Shallotte voters will decide later this
expand the sale of beer and wine within
No date has been set, nut aidenjia! vol
last Wednesday night to pat the issue tx
Their decision was prompted, in part, t
last fall that the board could not preven
tified wines?considered the least desir;
town and that the town ABC board could 1
more popular unfortified wines. Fortifiei
highest alcohol content. Also, the tow
proached earlier by businesses intereste
referendum. Before the status of wine s
was discovered, a petition calling for :
failed for lack of signatures.
"AS! I'm asking is whether you want t
dum," Mayor Beamon Hewett told the :
Alderman David Gause said he didn't
sales and that he didn't think it would pa
Jury Begins j
BY TERRY POPE
A Brunswick County jury was to
begin deliberations Wednesday morning
in the trial of a Southport driver
charged with fatally injuring a
ici-liugl-l III nil uuio nuviut'in iiiui ulcurred
one year ago.
Although a second-degree murder
charge was dismissed Tuesday after- j
noon. Bryan Ashley Jackson, 27, left
the courtroom for the afternoon still '
facing charges of involuntary
manslaughter, felony death by vehi- t
cle. driving while impaired and driv- |
ing left of center. Jackson had been 1
indicted by the Brunswick County
Grand Jury in October on a seconddegree
murder charge in the death of
Ifi aS Kmitiinori.
Tast "February, Jackson's truck
eoliidcd head-on wiUi a car on N.C.
133 near Yaupon Beach, injuring four
teenagers. Miss Wilson, one of those
passengers, later died in August.
According to State Trooper B.C.
Jones' report, a blood sample showed
Jackson's blood-alcohol level to be
.14 percent futiuwhig uic accident.
Blood samples were sealed and sent
to the state SBI lab in Raleigh for
testing, Jones testified in court Tuesa...
Superior Court Judge B. Craig
Kllis ruled Tuesday against submitting
charges of second-degree
murder to the jury. Judge Ellis
allowed defense attorney Michael
Kamos* motion asking that the
second-degree charge be dismissed.
Kamos argued that the state had not
proved that Jackson "acted with intentional
malice" or in a "depraved,
wanton" manner when the accident
Assistant District Attorney Wanda
Bryant, citing a ruling in State vs.
Snyder, a recent court case dealing
with similar charges, said the indictment
against Jackson was obtained
by showing that ruling to the
Brunswick County Grand Jury . Ms.
Rryant argued Jackson had driven
his vehicle "In a reckless manner in
disregard for others on the highway"
the night the accident occurred.
In his closing arguments Tuesday,
Kamos pointed out Jackson's
testimony that it had been raining the
(See JCRY. Page t-A)
BY TERRY POPK
A temporary moratorium on nwvmg
houses at Ocean Isle Beach has
been lifted, but a temporary ordiiwRT
jRund by brti ccttHttisstoners
Monday tnli rcguiuic uir
moving of homes until a permanent
amendment to the building code is
By an unanimous vote, the board
lifted the week-long moratorium that
was enacted at a special meeting of
the lawn commissioners and plamv
ino kn lad Vlcvfk-4?i- all? at >i
Town Attorney Eiva Jess presented a
temporary ordinance to the board
that will reqsare horn owners to bring
the appearance of the structures
dp to neighborhood standards before
the homes are moved
According to the guidelines
adopted Monday, the toes beikling
inspector, T.D. Roberaoo. may issue
permits \o anyone applying to more
ar nm i
_ J-JL _ \ /
J\It? V Ultfl O
what they want, i lion
year whether to dum."
the town limits. Alderman Bobby 1
led unanimously election. That will rip
:fore the voters. After discussing A
>y the discovery complaints about he
t the sale of for- language, intent or r
able?within the unanimously for the r
to longer sell the to be placed on the b;
i wines have the They asked Hewett
n had been ap- ABC Board Supervisi
d in a beer-wine referendum could be
ales in the town the county board to c
5uch an election At ieasi i'nesc two
Whether to allow t'n
o hold a referen- and for off-premises
aldermen. such as grocery and
want more ABC allow the sale of rru
iss. "But if that's premises consumptic
m < ji
MARINE FISHERIES BIOLOGIST V
?? .?H ?? ? n.wt.
' *""' " it-T " - ?r* ?~r- ?
St*If Murine Flatteries Director Robct
State Fields I
BY SUSAN USHER
Participants in a successful handrelayed
oyster planting project will
get a pay increase tills spring and the
program will be extended to include
the Shallotte River as well as
lockwoou Folly River if workers can
be recruiieu, siaic officials told a
group of oyster harvesters Monday
morning at Varnumtown.
State Rep. David Redwine, N.C.
Division of Marine Resources Director
Robert mahocd arid seven other
division employees met with the
group of 25 to 30 local oysters
harvesters to discuss the relay program
and to talk about fisheries concerns
This year's program could begin as
early as the first week in March if a
iocal crew for each river can be
organized. The slate also asked for a
volunteer local coordinator, but no
one was named Monday. Those planting
will earn 75 cents a bushel. 25
cents more than last year.
Last spring approximately 15 to 17
workers planted 2,700 bushels of seed
oysters mainly in the Galloway Flats
area of Lock wood Folly River.
um Lifted; C
his or her house provided: 11 the
structure is brought inio vtniiy>hai>Ca
with current N.C. Building Codes
prior to the time it is moved. 21 the
strsctsrc, -xt it i* moved to its
location, must be propel !>\ anchored
and secured, and all utilities must be
functional within a 60-day period
following the move Additionally, all
attached porches must be reattached
and the structure be competed externally.
and 3 i an ordinance regarding
nous* moras oe aranea lauowing
the terms ana conditions abase and
that its effective date shall be Keb
11. 196S and shall fail under Title 7,
building codes, of the town moing ordinance
Mayor LaDase BulUrwum said
thosr seeking moving permits ' could
be getting they're work done on the
houses" now that the moratorium
has been Idled. She asked the town
board Monday to Oft the moraioriiau.
lotte, North Carolina, Thu
^ | |
' ? 1 laying
I U L/UV.iVl\^ ?
i imvt ,ui> tiling ngairut u rcfcrcn
iuss agreed, "Let them have the r
ar it up." tl
BC laws at length, with repeated
v difficult it is to understand the c
easoning behind them, they voted v
eferenduin, pinpointing two options ti
to consult with Brunswick County n
ar Lynda Britt for a date when the a
held. The town has contracted with s
onduct its elections. fc
issues will appear on the ballot: li
e sale of unfortified wine for on- t
n in restaurants, hotels and motels <!
consumption by other permittees
other retail stores; and whether to e
lit beverages such as beer for onin
in retail businesses. 1
cntress "Red" among state olf!
? ?a >Jicllfl*hrrmen Mi
1 Mnbood were
..H # if<
V V Vf * W - Shellfish
"More than that went out of there
in one day," J.P. Varnam
When the flats opened to harvest at
9 a.m. Jan. 16. aifleet consisting of
about 500 small Boats swarmed the
area, baring the rock in less than a
"Few chose to participate in the
planting last year, but when the time
came to harvest, everybody was
there," said Fentress H. "Red"
Munden, a Division of Marine
Fisheries biologist. "That's one problem
with the hand relay program."
But the advantages apparently
outweigh! the disadvantages.
Mundeij said that the bushel basket
system i^sed last year gave the state
the most accurate measure of seed
oysters It huS ever h^d. And b^csns?
of the quality of the stock selected for
planting and the volume harvested,
Mahood said the relay methcd was
ultimately more cost effective than
using the hydraulic dredge.
Arceiia (Annie i Smigiel said the
relay program was good, but that the
state "just didn't carry it far enough.
We need to plant the ShalloUe and
but to keep intact the guidelines until
a rriiudtu?c wuimuCr change has
The town will advertise the orChung
for 2 nMhlir K^annP
di its Tucausy, March 12 !uf?t!ng 2! 4
p m. Commissioners voted Monday
to hold all town meetings the second
Tuesday of each month rather than
me secona Monaay oc eacn monui ai
4 p.m. Commissioner? plan to adopt
the ordinance change immediately
following the hearing. Ms Bulliagton
A section of the ordinance that will
require homes to be anchored,
secured and hare functional utilities
wttMa <0 days will eliminate anyone
from "stodsptling" house* until they
can be loosed off the island across
the highrtse bridge now under coosirjction
It wiE also present moving
dangerous" homes into another
neighbor hood, said Kcbmst
-* -f - ' - 'a ' * ?
rsday, February 14, 1985
n A I \J
rvuui u r ir \ u
# 11 w
The beard is c*p?ct?d to con?'dpr ni.
uestions on the ballot at its next m<
elating to the sale,of unfortified wines,'
tiia lx>ng indicated Tuesday.
Presently the sale of malt beverages
onsumption is permitted, along with thi
,'ines for both on-premises and off-pre
State ABC laws allow tlie town to off
nore or all the questions regarding a typ
single ballot, said Ann Fulton, a legal s]
tatei Alcoholic Beverage Control Boart
ie cast for more than one question. For ii
lave two unfortified wine questions on t
ion that garners the highest number of
There are four options available for t>
infortified wine. For beer they include:
To allow on-premises sale, which woi
y any retail establishment to sell beer
S?AM fHOtOI* SUSAN UVH|?
ciaU who met with Varnumtown
xaday at Kobinson'i fifth house.
Calabash rivers aLso and open them
all up at the same time so there won't
be 500 people on the same rock."
Munden said the state doesn't expect
to expand the program to the
Calabash River because of its continuing
"It wouldn't be worthwhile to
relocate oysters from one polluted
area to another area that is polluted
ana inert is no guarantee nun area
Those at the meeting agreed with
one man's suggestion to set a daily
ha n est limit during the season of no
more than 10 bushels of oysters per
person per day.
Mrs. Smigiel liked the idea of a daily
limit, so that the effort in handrelaying
stock would pay off over a
longer period of time arid to keep
"those Calabash people from coming
up here and getting 50 or 60 bushels of
oysters and selling them for $5 a
"If you don't start limiting it," said
J.P. Varnarn, 'you aren't going tc
have anything to work on."
Roy Varnum suggested a similar
I See OYSTER, Page 2-A >
With guidelines in place, the to .
wnnW jivniS threat at taking "someone
to court to put a safe building
between two hou-es," Roberson said.
Without properly renovating the
older homes to withstand strong
winds, the homes' older siding "can
beccme a danger to everybody in the
neighborhood," he added
Relocation of older homes on the
island to inland or subdivision lots off
the oceanfront has increased in
popularity at both Hoiden and Ocean
Isle in recent months. Property
owners in those neighborhoods have
also complained about the houses
lowering the property values at their
own kits. At Hoiden Beach, a
moratorium has not been lifted on the
moving at homes on the island
"Any person who builds a new
home in a developed area deserves to
have a house with the same structure
faedards placed aeri to them." M*
/? Qnni/ BIND'
HOOG & SONS BOOK ^
25c Per Copy
u'ino Oj 5QQ+IV
!! 1 ii
arino additional consumption whether
:eting, pi. bably station as long as it is
rown ClerK Cyn- with restrooms in opei
To allow off-premi.'
for off-premises 'To permit both on?
sale of fortified To allow the sale
mises consump- Class hotels, motels
premises sales by oth
er voters one or not define a "Class A'
>e of beverage on
pecialist with the The unfortified wini
1. And votes can premises sale; to pet
nstance, if voters both. Unlike malt bevi
he ballot, the op- restrict wine sales
votes is the one restaurants, Ms. Fulti
However, the perm
eer and three lor business that regular!
could include grills,
lid allow basical- located in grocery si
for on-premises nience stores that alsi
r ni iqpq
'WW VaJ B
Emergency workers began repairs e
on a 400-foot section of the Caswell s
Beach Road that was washed out by a P
winter storm Tuesday, not know innif ''
an early Wednesday morning high
tide would wipe out their progress. r
About 400-feet of the causeway that s
joins Fort Caswell with Oak Island '
was washed out by excessive high <i
tides during a winter storm Monday 1
night, said Brunswick County '
Emergency Management Coor- 1
dinator Cecil Logan. I
NT* T>rr?nrt*tH-fU v4 Tr?ns|?ortalion
officials spent gli day Tuesday i
filling in the huge gap thai claimed
three-fourths of the highway lanes, i
l-ogan said. A single lane of traffic, .
restricted to property owners and i
emergency vehicles, was aiiowed to
pass over the section that lies shout
400-feet south of the Carolina Power i
_ ,_i iinrinriirnuiwl I
rtiivi > ???n ?
discharge canal. I
A threat of more erosion was ex- I
ported to linger in the urea
throughout Tuesday night, with <
winds predicted around 25 to 115 inph
and a high tide expected around 2:30 !
a.m., !<ogan said.
"It looks like we're going to have at i
least 18 more hours of it," I.ogan said <
Other beaches experienced erosion
problems due to the storm, including
the west end of I-ong Beach and the
More Cold, We
Brunswick County can expect
more of what its been getting in
terms of weather during the coming
week?below normal temperatures
and above average prec-ipatlon.
Shallotte Point meteorologist
Jackson Canady said the area can expect
lows in the low 30s at night and
highs in the low 50s during the
daytime. "It's basically the same
menu as we ve had during the past
week," he said. About three-quarters
of an inch of rain is expected.
ie Moving O
last muith. 14 building permits
were issued, creating 18,228 in fees
for a property value of more than
1506,000. Koberson said.
Commissioners also agreed Monday
to send property owners a letter
notifying them of the town's plant for
issuing sewer construction contracts
and a notice of their sewer assc&v
ment rot] due dates
Such letters would act as a notice.
saying wt amiCippir this being en,
schedule," Ms. Buliington said. "It
would be a filler between now and a
final bill, to keep them abreast
Ms. Buliington said she has been in
constant contact with state officials
who are renewing she town's sewer
system designs She feels there mil
i be no problems in getting approval
from the slate
Once approval is granted, the town
26 Pages ^
the place is a tavern or a service
properly zoned and a safe building
and off-premises soles; and lastly,
for on-premises consumption in
and restaurants only; and offer
permittees. State ABC laws do
? questions include: to permit on mit
off-premises sale; to permit
;rages, no provision is available to
to Class A hotels, motels and
ittee has to be an eating place, a
y prepares and serves food. These
, delicatessens (including those
tores), sandwich shops or conve)
serve grill-type food.
ast end of Holden Beach. l.ogan
aid. However, Caswell Beach exlerienced
the most severe damage,
In addition to repairing the beach
oad, DOT officials also began contracting
an emergency road to
typass the washed oui area over iiie
iunes, i.ogan said. Owners of a conlommium
project, who own the adja pnt
property. gave DOT permission
o build the road, called Caswell
Junes, that was passable by fourxhecl
drive vehicles Tuesday night.
About ii (loren school ctdldrwn living
ocyuiui iiie nvislnnj oat arcs were
instructed Tuesday to meet their
school buses at the Oak Island Golf
and Country Club Wednesday morning,
said School Superintendent Gene
Residents iivinR beyond the washed
out area were advised Tuesday
niorninu in evacuate on u voluntary
basis until the road was repaired,
l.cgan said. Only a few people left to
stay with friends in Southport, he adJed,
The I-ong Beach Volunteer Rescue
Squad and Yaupon Beach Volunteer
Fire Department stationed emergency
vehicles at the Oak Island Coast
iiuarti Station in case of emergen
ries, !-ogan said.
A sheriff's deputy and DOT officials
were to monitor the roadway
throughout the night.
t Days Ahead
For the period Feb. 5-11, the maximum
high reading of *55 degrees occurred
on the 11th and the minimum
iow of ii uegic-ci occurred on the 9th.
An average daily high of 52 degrees
combined with an average daily low
of 27 degrees for a daily average of 10
degrees, which Canady said is about
six degrees below normal.
Canady said he recorded 2.75 inches
of rain on his backyard gauge, a
heavy fall that brought the groundwater
will advertise for construction bids
for 45 days and will award bids within
50 days after opening vie ranis Tier
sewer assessment roll will be mailed
within V) days after the bids are first
adveruwsri, mvui* ? 75-day notice,
Ms Hulling ion said.
Already, $210,000 has been received
in voluntary assessment collections,
By an unanimous vote, commissioners
also agreed to hold a public
02 a Mrttiw orriintnfo
change that <nll require too parking
kits for all living unit) over 796
Under the present ordinance,
minimum '4 IH parking spares was
required for the same are unit. Ms
Bulltnglon said the old ordinance encourages
the building of larger units
since the parking requirements are
(See ORDINANCE, Page hA|