Defendants In Sunset Beach Bridge
Case Ask Judge To Reconsider
Ruling
BY SUSAN USHER
North Carolina and federal transportation officials
are asking a federal judge to reconsidcr his Nov. 19 or
der that halted work on a high-rise bridge to Sunset
Bcach until a detailed environmental study is completed
and new permits obtained.
Filed Jan. 4 in U.S. Federal Court in Raleigh, the
motion for reconsideration and partial relief asks Judge
W. Earl Britt 1) to strike his order voiding all project
permits; 2) to excuse the transportation agencies from
preparing an environmental impact statement at least as
it affects endangered species and their habitat and allow
it to instead submit a biological assessment and rc-eval
uation; and 3) to not require the agencies to prepare an
evaluation relating to whether the bridge would affect
recreational usage of oceanfront bcach.
The 26-page motion and brief, filed by the U.S.
Department of Transportation, elaborates on the two
agencies' joint position.
The document argues that the defendants never
conceded, as was indicated in Britt's judgment, that the
statute applies to the ocean bcach. Also it continues that
the court's finding of a constructive use of the bcach "is
unsupported by the administrative record and unprece
dented in the law."
In the alternative, it recommends, the U.S. Secretary
of Transportation will determine if the beach qualifies as
a Section 4(0 protected resource and whether the bridge
project "presents circumstances that constitute a use or
constitutive use of this protected resource on the is
land." Then, it says, the administrative record would be
available for review.
While acknowledging that existing project records
do not address the project's effect on endangered
species and the'r habitat, the agencies contend that fed
eral regulations do not require a full environmental im
pact statement. Instead, it suggests, that if the matter is
remanded, that a biological assessment and written re
evaluation would be appropriate procedures by which
to initially measure any such adverse affects that could
result from the project.
As for the permits, the transportation agency argues
that, based on similar court opinions on cases "of more
significant environmental consequences," voiding of
the state and federal permits is not necessary and that
the court docs not have the authority to do so.
Bill Jones, a spokesman for the N.C. Department of
Transportation, said the original plaintiffs in the case,
the Sunset Beach Taxpayers Association and eight indi
viduals, have 20 days from the filing in which to re
spond. Then the defending agencies have another 10
days in which to file their response before the matter
will be read; to be heard. Once the judge issues an or
der, the defendants in ihc case would then still have an
opportunity to appeal
Plaintiffs filed the original suit in an attempt to
block construction of a planned $11.1 million fixed
span bridge to replace the existing single-lane pontoon
bridge. They cited concerns about the project's effect on
the island's family atmosphere, low density of develop
ment and habitat for endangered species.
Proponents of the project cite safety-related prob
lems such as access to and from the island during emer
gencies such as hurricanes, fires and rescues, and main
tenance costs associated with the existing bridge.
Not counting chores such as painting or deck re
placement, DOT employees put in 1,279 hours during
1989-90 in repairs and maintenance of the drawspan it
self, including the mechanical and cable systems, barge
and apron.
Some, but not all of the repairs required closing the
bridge to vehicular traffic, according to James Hayes,
DOT bridge maintenance supervisor for Brunswick
County. "I don't know how long it affects car traffic,"
said . "I can't tell you what percent of the uay people
spend waiting in line Co get to Sunset Beach."
Hayes said much of the maintenance and repair
problems with the bridge relate to its cable system and
to inexperienced bridge operators. "It's more dealing
with new operators than anything."
"The biggest thing is it's old. It just ain't built for
the loads that arc going across it, like cement mixers,"
he continued. 'They need that bridge they've been talk
ing about."
Cables arc pulled in and out to move the ba.ge to ac
commodate, alternately, land and waterway traffic.
Breaks can occur when the cables are moving either way.
Fixing the cable typically takes a crew of four employees
approximately four hours.
"A lot of problems come up when the cable's being
pulled in or out, especially with the pull-out cable," said
Sheila Boyd, records clerk with Hayes' office. She said
five breaks in the pull-out cable occurred last summer,
while there were no breaks in the pull-in cable from
June through mid-December.
PHOTO CONTRIBUTED
W.O.W. Donates To Hospice
Michael Russ (left), president of Shallotte Woodmen of the World
Lodge No. 160, presents a $400 check to Shirley Campbell, direc
tor of volunteers for Lower Cape Fear Hospice's Brunswick Coun
ty office. The presentation was made at the lodge's Christmas party
as a fraternal community assistance project for Brunswick County.
County Has Full Menu
For Friday Breakfast
Slate legislators and county lead
ers will dine together Friday morn
ing at a breakfast in Sunset Beach.
The main item on the menu con
cerns the possible loss of state fund
ing for county programs during the
1991-92 fiscal year.
County commissioners hope
State Rep. David Redwine and State
Sen. R.C. Soles Jr. will listen to
their concerns about the budget
crunch as the two legislators pre
pare for another session of the N.C.
General Assembly later this month.
The breakfast will be at the Joncs
Byrd Conference Center at Sea Trail
D1ontnli/\n n# 0*1 H o m nnnn
a luiiiauun ai u. ju a.m. anu id upvu
to the public.
Concerns about how the county
will continue to fund existing pro
grams during state budget cutbacks
lop the menu.
"I think this is a continuing trend
of new federalism," said Kelly Hol
den, chairman of the Brunswick
County Board of Commissioners.
"The buck's being passed on more
and more to local governments."
County officials would like to see
legislators revive the manufactur
er's inventory lax to benefit the
counties, not the state. Worth an es
timated S350 million a year to the
state in income, in the past those
funds have been handed down to lo
cal governments.
The tax was eliminated several
r
years ago at the governor's request;
however, the state continues to send
to the counties the money they
would have made from the tax.
State legislators sec the inventory
tax as a way of boosting the state
budget.
If those funds are stopped, Bruns
wick County would lose about
5700,000 in annual revenues. Hold
en said. To make up that difference,
commissioners would have to make
drastic cuts or increase the county
property tax rate.
"That represents two cents on our
tax rate," Holden said, "and we just
offrtrH ihot "
UUll i UIIUIU UiUi.
Also invited to attend the break
fast are several Brunswick County
department heads, including Health
Director Michael Rhodes, Depart
ment of Social Services Director
Jamie Orrock and Planning Director
John Harvey.
Holden said the state is not being
fair in mandating that certain de
partments, such as social services,
offer programs that the state is not
willing to provide enough funds for.
The federal government has been
cutting back on funding of such
programs for years, Holden said.
The county's other concerns are
how to fund changes mandated for
solid waste disposal by Senate Bill
111 and questions regarding new
septic tank regulations.
EMPLOYMENT REMAINS IN LIMBO
Holden Officer Found Guilty Of Trespassing
BY TERRY POPF.
AND DOUG R UTTER
Holden Beach Policc Officcr Gary
Dancy was found guilty of trespas
sing but acquitted of assault charges
in Brunswick County Superior Court
Tuesday, leaving his employment
status with the town in limbo.
Superior Court Judge William C.
Gore Jr. issued a prayer for judg
ment in the case, which will contin
ue sentencing for two years on the
trespassing charge.
Dancy, a police officer at Holden
Bcach since July 1987, was charged
last August with simple assault and
second-degree trespassing follow
ing an incident involving Holden
Bcach Building Inspector Dwight
Carroll.
Dancy was suspended without
pay from the police force after he
was found guilty of assault and tres
passing Sept. 25, 1990, in Bruns
wick County District Court. Town
commissioners voted to uphold the
suspension following a closed-door
grievance hearing Oct. 30, 1990.
Blake Proctor, who was town
manager at the time, suspended the
policeman until the case was settled
in superior court. Proctor said at the
time that Dancy would be reinstated
with full seniority and back pay if
he was found innocent in superior
court Proctor said the police officer
would be fired if found guilty in su
perior court
Mayor John Tandy said Tuesday
that town officials didn't expect a
split verdict in the case. Dancy will
remain suspended until the town
board meets and decides what to do
next.
"The board's going to have to
deal with this," Tandy said. "If he
deserves to come back, it's going to
be up to the board and the legal
minds to decide." Tandy said he ex
pects a legal opinion from former
Town Attorney Doug Ledgetl this
week.
In superior court Monday, both
Carrol! and his wife, Janet, testified
that Dancy entered their garage r>n
the morning of Aug. 2, 1990, with
out a search warrant and hit Carroll
in the shoulder with his hand fol
lowing an argument.
"The boards going to have to deal with
this. If he deserves to come back, it's
going to be up to the board and the legal
minds to decide."
? Holden Beach Mayor John Tandy
On Dancy's employment status
Taking the stand in his defense,
Dancy said he never hit Carroll, but
instead removed Carroll's fingers
from his own chest with a sweeping
motion of his hand.
In his opening arguments, Dan
cy's attorney, Robert Floyd, told the
jury that the case wasn't a matter of
"simple assault," as District Attor
ney Rex Gore had staled in opening
the trial.
Gore said the incident began
when Carroll left his home around 3
a.m. on Aug. 2 to gel his wife a Dr.
Pepper soft drink from a local gro
cery store.
In his patrol car and dressed in
full uniform, Dancy followed Car
roll to his home. When Carroll got
out of his car, Dancy "rubbed his
belly against mine like the sergeant
on Gomcr Pyle," Carroll testified.
"His hand was fully on his revolver.
In facl, it scared me."
Carroll said Dancy's face was
"flushed red" and that he acted
"kind of jerky." Carroll said he ask
ed Dancy two or three limes to
leave if he didn't have a warrant.
"I am not a toucher," Carroll said
"The only touching that was done is
when his stomach was touching
mine and when he swung and hit
??
me.
Carroll said Dancy repeatedly
asked him, "What's your problem?"
and at one point told Carroll to
"stop Mickey Mousing around."
"I have a high respect of police
officers," said Carroll, whose father
was a policeman for 30 years. Car
roll said he called the Brunswick
County Sheriff's Department to ask
for a deputy while Dancy was still
in the garage. The dispatcher told
him that deputies do not answer
calls on the island unless a police
officer requests assistance.
When Dancy finally left the resi
dence, Carroll said he called Police
Chief Raymond Simpson to tell him
that something was wrong with Of
ficer Dancy.
Simpson testified Monday that
Carroll did call him around 3:30
a.m. and said that Dancy's eyes
were "blurry" and that he thought
the officer was "on something." Af
ter the incident. Chief Simpson used
a flashlight to check the officer's
eyes.
'They were not dilated bad, but
you could tell they were dilated,"
said Simpson, who attributed it to
sleepiness. "I could see no oddities."
Both men gave Simpson their
version of the story. Simpson said
any complaints he has received on
Dancy in the past were "just minor"
complaints.
Mrs. Carroll testified that she
heard voices and went downstairs to
check on her husband. She said the
two men were standing face-to-face,
about 10 inches apart and that Of
ficer Dancy had his hand on his re
volver.
"It went on a long time," Mrs.
Carroll said. "He (Dwight) kept tel
ling Officer Dancy that he didn't
have a problem. I also asked him to
leave."
Dancy testified that he noticed a
car coming from the west end of the
island. The driver slowed down and
tapped the brakes several times,
Dancy said. The officer said he did
not know who was driving the car
until he followed it to the Carroll
residence.
"I was there to help," Dancy said.
"1 didn't know if there was anything
wrong."
Dancy said he told Carroll that he
was there as a friend, to find out if
everything was all right. The officer
slated that he did not grip his re
volver, but placed his forearm
across it in a comfortable position.
Dancy said the first words Carroll
said when he approached was,
"What are you doing in my house?
Do you have a warrant?"
"I've been friends with Dwight
for several years," Dancy said. "He
seemed agitated."
Carroll said Dancy 's home is on
ly about 300 feet from his own on
the island. "Gary and 1, 1 thought,
were friends and still are," Carroll
said.
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