ry19B5 THE BRUNSWICK BEACON HOPC- & B< CORING^'1-' 1 Volume 23, Number 48 Holden BY SUSAN USHER " Holden Beach is taking a hands-off position in the ongoing controversy over whether a development company can legally keep people from using a road that leads to the west end. Town Attorney Doug Ixdgett advised commissioners Monday night that the "town is not involved. It's a question to be resolved between private parties." Meanwhile interpretations of an opinion from the state Attorney General's office on the subject vary, forming the basis for l>edgett's advice to the town, and for moderate Jubilance among members of the Concerned Citizeas of Brunswick County. News of the town's position prompted a number of citizens, The Brunswick Beacon was advised Tuesday but could not confirm?to repeat an earlier protest motorcade. They reportedly intended to attempt to pass a gatehouse erected at the entrance to Holden Beach West subdivision. Concerned Citizens of Brunswick County is the group seeking to regain access to the road and the beach strand it leads to, as well as parking. Members expressed optimism at a meeting in Mariner's Village Saturday that the opinion was sufficient evidence to prompt the dismissal of trespass cliarges filed against 30 members. The charges were filed by Holden Beach Enterprises following a staged protest on Aug. 24 when the defendants drove past a barricade at the entrance to the subdivision. Jim Griffin, a principal in Holden Beach Enterprises, could not be reached Tuesday evening for com County T BY DAWN ELLEN BOYD I-inda Bedo from the Cape Fear Council of Governments (COG) went before the Brunswick County Commissioners Monday night to ask them to decide between two local agencies to provide screening for a community alternative program. The commissioners were to meet Wednesday, Oct. 9 to make their decision. Elderly people who might otherwise have no alternative but to enter nursing homes when they leave a hospital would be served by the regional program. The program would coordinate all county services, such as home meal delivery, occupational and speech therapy, and home health aids, so these persons would have the opportunity to remain in their homes Both Comprehensive Home Health Care and the Brunswick County Health Department have applied for the screening position. Bedo said the commissioners must make the decision before she can approach county boards of commissioners in Columbus and Pender counties. She also cited the fact that the state had already deposited a C5.000 grant into Brunswick County's budget and expected the project to be underway County Manager Billy Carter wanted to know why the commissioncrs should hjvt tc thf dfcision since COG was the project's lead HiWfV. Bedo pointed out the project would have a larjte impact on Brunswick County, and she said since the proposals were so close, the county should make the final decision. Four Ne BY DAWN FXLES BOYD Four new member were named to the Brunswick County Board at EquaknOoc and Renew Monday rnght Appointed were W T Bcweas cf Ask. Elmer Ay cues at Leiand. Dene Hewett at Supply and Zack Smith at Sunset Harbor Bowens and Aye oc k were nomtnated by the eorarotssonen at i Nil ti'-iZQ' , Olll Shallotte Nc Beach Si ^ ?? ' t r? fc.? ~ ~ m J| , r w ^ - -* *. . DEVEUJPERS OF HOioJEN BEACi ring public traffic through the west called the "Concerned Citizens of Bru rnent. The telephone line at his house was busy. Not Trespassing? The defendants obtained a postponement until Nov. 1 to allow time to obtain a legal opinion from the state before the case is heard in Brunswick County District Court. In a Sept. 27 letter to Assistant District Attorney Wanda Bryant. Maxwell writes that if the street is dedicated to the public as the group contends, it would apparently not be possible for Jim Griffin, a principal in llolden Beach enterprises, or any development company owning lots in o Decide O Executive Session The board spent an hour and IS minutes in executive session discussing "land aquisition and personnel matters." Chairman Chris Chappeil said no action was taken. Audit Report l-arry Calwell of Coopers & I.ybrand, who audited the county's 1984-85 fiscal year, said the audit showed the county "in a good financial situation." He said certain items of noncompliacnce were found, "but nothing significant." Dave Sherwood, manager of Coopers & I.ybrand, mentioned several areas targeted for improve UKIIW Included were improved controls over cash and Investments, a lock box system for lax revenue collections, a discovery process for tax revenues, and developing procedures for grant management, among others. Sherwood told the commissioners, "Overall you're in good shape financially and from a controls standpoint." Wallace Harding, county finance director, said. "We don't take the management letter as an affront to us. Its a workable document which helps us strengthen our controls " Position Bequest The commissioners created a halftone, iciupiK aiy pioiuvii in protective services at the request of Social Services Director Jamie Orrock Orrock explained the position would be funded by a grant for two rears, requiring no money from the county The grant specifies the postflAW - -*? * ? w* us |nwcvuic services rar >w AAembei their respective districts, Chris Chapped and Grace Bessie) Hewett and Smith were appointed to the board as members at large Commissioners had voted at their September 21 meeting to increase the membership at the beard from (ire to seven to insure diverse interests at the counts are represented Franklin Randolph bad abo been nominated (or a rnember-at-targe position. 1 * IMflifl IX3WI mn Carolina, Ihursday, Oc1 TOWN, PROTESTERS ( fays Out < w r. -* .v- """.n i " I, torn BUgL' sJWf. . - ' 1 ^_JL_ i WEST haw erected u gairhousr barend subdivision. Meanwhile, a group nswick County" Is continuing its effort the subdivision, "to close the road and ultimately charge members of the public with trespass for driving or going upon the road." Ms. Bryant Is in court in Columbus County this week and has not finished her review of the case, a spokesman in the district attorney's office indicated. but she is said to be leaning strongly toward not prosecuting. A meeting of the group will be held at 10 a m. Saturday at a residence in Holiday Ranches subdivision near Holden Beach. The slate's legal opinion was drafted by Special Deputy Attorney 'n Screening abused and neglected children. Orrock said the social services department has at least one reported case of child abuse or neglect daily. Each case must be investigated within a specified number of days Airport Commission The commissioners aDoointed Elva Jess of Southport to the Brunswick County Airport Commission at the request of chairman Richard ConradConrad explained the commission needed a lawyer as a member Jess is a partner in the Southport law firm of Walton, Fair ley & Jess. Conrad also report that on Sept. 12 the commission had received funds from the Federal Emergency Management Agency to build a new hanger, which is in the works. He also expressed gratitude to Bob Wilson, who resigned from the commission. "He did more than anyone elso to help us get the airport," Conrad said. Tattoo Ordinance Commissioner adopted unanimously a proposed tattoo ordinance presented by County Health Director Thomas Blum. The ordinance had earlier been approved by the health board. The ordinance will require tattoo parlors to have a pre-inspection, as well as four additional inspections during the year and indoctrination in sterile techniques from the health department- They will be charged a ?15u ajuMu&j fee to ur!p unci the health department's costs Blum explained there was coocem over the tattoo parlors because anytime needles are used on skin there is a health risk, especially from hepatitis B and AIDS, acquired immune deficiency syndrome s Join E & F County Tu Administrator Boyd Williamson wanted the board named now so the members can undergo an education process before tax notices are mailed Wbea the board formally meets in the spring U will bear the appeals of taxpayers sot satisfied with the values assigned their property The board will have the power to increase cr reduce values it finds to be warranted CK& WF -1 fober 10, 1985 25 ZITE SAME OPINION Of West 1 -i i J 1 j B] I'' ^ ? In get the dirt extension of Ocean Boi a boost this week with a legal opinion road eould be established ns public. Genera! James Richmond and was the content of a Sept. 23 letter to the town attorney?nearly a month after I-abor Day weekend, when Mayor Kenner Amos reportedly told members of the Holden Beach Property Owners Association the town had received a "ruling" from the Attorney General's office that the road was private Raymond Cope, secretarytreasurer of the Concerned Citizens group, said It's attorney, James H. Maxwell of Durham, has interpreted the opinion as favorable to their cause. m? j k r* v " # I Agency The ordinance will go into effect Dec 1 Bids Accepted The commissioners voted to purchase several items for the county after reviewing bids. They decided to purchase a Kiatallls dozer for the county construction department from E.F. Craven & Company at $16,418, less trade, despite protests from Gregory Poole dealer Bill Poteat that his imi'-iunc Wtt3 if IRHlcr UU) HI ??J,3UU, less trade, than the Italian machine The county construction department will also receive a new baclthoe loader from North Carolina Equipment Company at 130,570, less trade, and a Kord F70O dump truck from Russ Ford of Shallotte costing {19,000. The county engineering department will get its requested txt truck from Russ Ford at a cost to the county of $9,630 The sheriff's department will receive 10 new Ford Crown Victoria's from Russ Ford at a cost of {10,877 apiece. Other Business In other business the commissioners: Approved the articles of Incorporation for the Grissettownlongwood Volunteer Fire Department Approved at the request of County Engineer Daniel C Sbetids a five percent reduction in retain*?* requested by the electrical contractor at Watson Electrical Construction Company. four change orders for work at ute nor.nwfR waier treatment Plant and the paving at Butler Road. I See OTHER. Page i-A ( ! Board In other tax business, the coronasr.oners approved a schedule at values presented by Brent Wetsner, count) revaluation project dtrector. (or (armert who would tike their laod classified as present ass The present use values would range from V.I0 (or the best farmland to tlVi for the worse Umbertand to BO far sw*np*and Wetsner said these values were m tine with others across the state BEACC ic Per Copy 56 Page: End Roac St*?? PM0I08Y IOOt( SWt All ilevard West reopened. Their cause got from the state that there's a chance the "That opinion is," he announced Saturday, "that the road on the west end is in fact a public road " He cautioned, however, that he wasn't ready to call "victory" yet, until the barricade is removed and public traffic resumes on the west end. "The key to the opinion, from our standpoint." wrote Maxwell to Cope on Sept. Z7, "is the very first sentence in the fourth paragraph." That paragraph begins, "...when an owner of property subdivides a tract of land into lots and streets and conveys lots with reference to such 4 a : f f I H> % W* \1 J . Vb I It's Not A K Kings weren't the only animals drat Open King Mackerel Tournament In ! gold macaw named "Chief" let too know who was boss Saturday with th look of reproach. Chief ii owned by ! S.C., who?e craft booth wa? In Iront o t=r=: -js!ts arc ss page S of the H S Oyster Fes Awaits Vis An event that continue welcomes visitors to autumi Islands this weekend. Now in its fifth year, the N ficial state fall festival. Aftei gets underway Saturday m< Holder. Beach, then moves to where attentions will focus on culent Brunswick County oyst A schedule and details of special festival supplement it Brunswick Beacon. !p )M ! > Including Supplement ]f Battle plat, lie thereby dedicates the streets to the purchasers of the lots and to the public." It is Maxwell's position that the subdivision streets have been dedicated to the public, with no evidence of any attempt to withdraw the property or road from public use. If so the town, at its discretion, could still accept the property owners' offer of dedication to the public. If the town chose not to do so in ttiat event, advised Richmond, "it may still be possible for members of the general public or the town to establish that a public road exists through the subdivision by prescription." The most recent plat map of the subdivision was filed by James D. (Jim) Griffin on Jan. 6,1981, and was prepared in December 1980 by a local surveyor. Griffin certifies on the map Unit he docs "dedicate all streets, alleys, walks, parks and other sites and easleiments to public or private use as noted" (emphasis added). Clearly marked as "private" are two five-toot beach accessways. The roads?"Ocean View Boulevard West," "Skimmer" and "Straw Flower" are not marked either public or private and are shown as all having GO feet rights of way. Griffin also dedicated "all sanitary sewer, storm sewer and water lines to the Town of llolden Beach." A notation on the map by John K. Parker, then chairman of the Holden Beach Planning Board, also in- 1 dieates that the plat of Holden Beach West is not subject to the jurisdiction of Holden Beach, having been grand(See GROUP, Puget-A) |f .vAr > ?, r ; ' B iffBSfc a * , *TAi# rKjTO ? UrtAH IJ V?f ? ng, 8uf... ling attention at the wvrnth L..S. outhport la it weekend. A blur and ' lament volunteer Doug ledgett s gentle nibble that prompted thl* iutan Khoietter ol Cherry Grove, I l!S. Open hadquartrrt. Touraafttlss sf *><* Ua^ I itival \itors s to grow in popularity i in the South Brunswick .C. Oyster Festival is an ofr months of preparation it xning with foot races at Ocean Isle Beach Airport the prime attraction?sucers. all events are included in a eluded in this issue of The i j