Engineering Firm Seeks To Settle Old Lawsuit \ A /? ? I k I rV * vvsin iNew douiu BY KRIC CARLSON Houston and Associates, the engineering firm thai won a breach-of-contract lawsuit against Brunswick County, has offered a to call off its plan to ask an ap peals court for S5(X),(XX) in additional damages if the county commissioners will agree to pay the company an undisclosed cash settlement. Durham lawyer Richard Evans said he hand delivered a letter to County Manager/Attorney David Clegg Monday afternoon with what he called "a serious offer" to settle Houston's suit "for less than we want, hut for more than the jury awarded." Following a week of civil court testimony last November, a jury found that the Brunswick Com missioners were wrong when they voted Aug. 5, 1991 to terminate a contract with Houston and Associates to de sign six water system improvements projects. But the jury awarded Houston only S50,(XX), instead of the S396,202 the company said it lost as a result of the breached contract. After the trial, Evans said the company would ask the N.C. Court of Appeals to overturn the award and to grant Houston either the full amount or a new trial on the question of damages. That appeal is about to pro ceed, Evans said Tuesday. Evans feels the new Democratic Party majority on the board of commissioners might be more willing to setde the case out of court than were the three former commis sioners named in the suit. "With a change in administration, the new commis sioners can deal with this in a businesslike fashion with out egos, old grudges, personalities or politics being in volved," Evans said. "It also may be easier without David Clcgg," Evans said. "If he had been advising the county that it could not lose this case, it would be less likely for him to ad vise a settlement. I don't know if he was out on a limb." Clcgg, who was both co-counsel and a witness in the case, turned in his resignation Monday less than an hour after Evans delivered the settlement request. He was in Charleston, S.C., and unavailable for commcnt on ihe matter Tuesday. Commissioners Chairman Don WarTen said Tuesday he had received a copy of Evans' letter to Clegg Monday. But he added, "1 don't know what it said." Despite denying any knowledge of an offer from Houston, he indicated that he might consider settling the case, "If we can settle it chcapc' than fighting it in court." Warren said the county had already incurred more than S285,(XX) in legal fees and S50,(XK) in damages de fending against the suit. He questioned the wisdom of spending "another S15(),(XX)" to contest Houston's ap peal with no guarantee that the county would win. "If we know we've already lost and it's a ease we can't win, in my estimation we should settle," Warren said. "I'm inclined to try and come out the cheapest way we can." Evans said he feels sure the court of appeals will agree that the Brunswick County jury had no basis for awarding Houston an amount of damages less than the S396.202 the company claimed it lost. Me said an award in Houston's favor would likely include eight percent in terest from the time the contract was breached along with court costs. Hie county would probably have to spend between S35,(XX) and S8(),(XX) on an appeal, depending on whether or not a new hearing was ordered, Evans said. "It's possible that before the county knows what hits it. it could face a judgment of -urn nm to S500.000," said Evans. "We arc asking for considerably less than that amount to avoid my client having to expend the same legal fees." Evans said the settlement offer was also being made in hopes that Houston and Associates might again be hired by Bninswick County. "It may help with a new administration," he said. "It may be hard for someone who had a fight with Houston and Associates to award it any more contracts. We want to extend an olive branch and try to get this behind us." Solid Waste Director Suspended BY KRIC CARLSON Brunswick County Landfill/ Solid Waste Director Leo Hcwctt has been suspended from his position. County Personnel Officer Staric Grissett said Tuesday. Hcwctt, 44, of Cedar Grove, was suspended by County Manager/Attorney David Clcgg in one of his last official actions before he submitted a "letter of res ignation to the county commissioners Monday after noon. Clcgg was in Charleston, S.C., Tuesday and could not be rcachcd for comment on the suspension. Grissett said she could not provide any details about why Hcwctt was suspended. Under state law, a county employee's personnel file can be examined only by the employee himself or his agent, a supervisor or authorized agents of the state or federal government. Contacted at his home Tuesday evening, Hcwctt confirmed that he had been suspended but would not commcnl further about the action. "I don't know t)ie full story at this moment," Hcwcll said. "All I know is I've been suspended. When I do know more, I will have something to say." Hcwett has been employed by the county sincc August, 1978. He held several different positions be fore being named soiid waste director in March 198X. His salary at the time of suspension was S28.534. Grissctt would not say if Hewetl's suspension was a precursor to dismissal. Whether or not he is dismissed, Hcwett can appeal his suspension to the board of commissioners, which can hear the case or refer it to a three-member adviso ry personnel board for a recommendation. If not satis fied with the commissioners' decision, Hcwett can ap peal the case to the State Personnel Commission. If Hcwett has reason to believe that the action was based on discrimination, he can appeal directly to the commission. Shallotte Slates Hearing On ETJ Zoning BY DOUG RUTTKR Shallotlc area residents will have another chance lo tell town officials what they think of a proposal to zone approximately 2,(XX) pieces of property outside the town limits. The board of aldermen and plan ning board will hold a second public hearing on the issue Thursday, April 8, at 7 p.m. in town hall. Town offi cials hope the sccond hearing is the last. At their regular meeting Tuesday, aldermen reviewed the proposed zoning map for the extraterritorial area (ETJ). The map was revised following the first hearing in January. Planning Board Chairman Carson Durham said the board received 33 specific requests for changes follow ing the initial hearing and had agreed to all of them but three. "We came out with some better moves than we had before the public hearing," Durham told the town board Tuesday night. "1 feci pretty good about these recommendations. We tried to look at this from a long range approach." At the first hearing in January, about 60 people packcd town hall and spoke for nearly two hours about the zoning plan. Many speak ers made specific requests for changes, while others voiced general opposition to zoning. Shallottc officials established the ETJ in September 1991. It takes in most property within one mile of the town limits, extending to the south end of the U.S. 17 bypass and north to Royal Oak and Red Bug roads. The ETJ also takes in land as far west as McMilly Road and cast on N.C. 179 to Hale Swamp Road. In all, the area includes approximately 2,(XX) pieces of property. Shallottc officials plan to enforce the slate building code and their own zoning regulations in the ETJ in an effort to control the type of develop ment that occurs on the outskirts of town. "The main purpose of the ETJ is to try to blend that area in with the town rather than the county," Durham said Tuesday. The planning board has suggested zoning most of the ETJ as residen tial, either RA-15 or RAM-15. Both districts arc intended for residential and agricultural uses. Some sections of the ETJ have been tagged for the B-2 business district, which carries a provision for a minimum lot size of 20,(XX) square feet. That's twice as strict as the minimum lot size requirement in town. "We wanted something more than just asphalt and rooftops," said Alderman Paul Wayne Reeves, who also serves on the planning board. Durham said nobody complained about the minimum commercial lot size at the first hearing. The ETJ hearing on April 8 will follow another public hearing on a proposal to amend a section of the existing town zoning code. Planners have recommended deleting part of the zoning regula tion dealing with non-conforming uses. It requires the owner of adjoin ing lots that don't meet minimum standards 10 combine the lots. "We think that's punitive really," Durham said. If the code amend ment is approved, he said it would likely apply inside the town and in the ETJ. BETTER BLACK'S TIRE "YOUR FULL SERVICE TIRE STORE" ROAD SERVICE AVAILABLE FALLS MASTERCRAFT FALLS !fJl? P-70 MASTERCRAFT CUSTOM A/S STEEL BELTED RADIAL AVAILABLE IN MOST POPULAR SIZES ?All-Weather Tread Pattern -Durable Rubber Compounds ?High Traction Tread Pattern ?Whitewall/Blackwall 'Polyester/Steel Carcass ?Optimized Tread Void ?S-Rated Performance Capability-Strong Poly/Steel Tire Body 175/70R13 $49.58 215/70R14 $65.68 155/80R13 $32.19 205/75R14 $48.72 185/70R13 $52.62 205/70R15 !!!!!"!!!Z!$63!97 165/80R13 $34.74 215/75R14 $53.10 195/70R13 $56.57 215/70R15 $67.65 175/80R13 $35.59 205/75R15 $52.32 175/70R14 $58.13 225/70R15 $69.87 185/80R13 $36.86 215/75R15 $52.63 185/70R14 $58.45 235/70R15 $74.07 185/75R14 $46 40 225/75R15 $56.53 195/70R14 $59.60 255f70R15 $77 87 195/75R14 $47.48 235/75R15 $58.95 205/70R14 $64.20 OHTSU OHTSU hs2i? HS200 T/L155SR12 J34M m T/L1757013 $4495 T/L155SR13 *38" 1; T/L1857013 '4955 T/L165SR13 $39M T/L1857014 '52 T/L165SR15 !44" Hwy. 17 N., Shallotte ^^IJTCl 754-7231 ^ Hwy. 17 N.. North Myrtle Beach, SC 1-803-272-3875 Easy credit ? Call us before you buy! j c J L" ?' ? ? ? " ? ?' Strand Renourishment Project Cushions Impact At Ocean Isle BY SUSAN USIIKR A storm had been forecast, but at Ocean Isle Beach, as in other Brunswick County communities, the severity of Saturday's storm caught people off guard. No one expected what they got? shallow flooding and sustained gale force winds of 45 mph to 50 mph with hurricane-strength gusts. "We got our butt kicked and then they decided they'd better do some thing north of here (as the storm moved up the coast)," Building Inspector Druicd Robcrson said Monday after a day of scouring the island inspecting for damage, and finding plenty among streets littered with shingles and in some instances, debris left behind by receding flood waters. But he was the first to say it could have been worse. Erosion damage from the storm was cush ioned by recent dredging of the inlet and waterway. Partly dredge spoil from annual U.S. Army Corps of Engineers maintenance dredging and partly renourishment work con tracted by the town, the project had just pumped nearly 1(X),000 cubic yards of material onto the bcach strand at Ocean Isle, nearly half of it on the far cast end. "Otherwise we would have had four or five new houses endan gered," he said. As it was only 8 feel to 10 feel of sand were lost on the cast end and elsewhere on the strand. "The wind was blowing out of the west," he said. "We had waves 4 feet high in the sound area of the marsh behind the fire department." By late morning, "there was 24 inches of water on East Second Street and it was still rising," Robcrson said. "We realized the wa icr was going to comc before wc could get people off." As both winds and water rose, making travel hazardous, the bridge was closed to traffic to and from the island, separating some families and other groups. The decision to close the beach came, said Roberson, "when the po lice department would drive across in a heavy cruiser and comc back with white faces." It was after 3 p.m. before officers allowed families to get back togeth er and islanders to begin leaving at their own risk. While most of the island had elec trical power by midnight Saturday, service wasn't restored to some east end residences until Sunday after noon because of downed power lines and other problems. Roberson is estimating damages of SI.2 million, with at least S50.000 in storm-related costs for the town. A preliminary damage survey Sunday by the U.S. Army Corps of Engineers indicated eight to 10 houses had floors gutted out and about 15 to 20 had erosion up to their back doors. "That's true," said Roberson, "ex cept four were like that before the storm. They have been like that since 19X7, on a banana peel for ap proximately six years." Erosion broke the water line serv ing four homes isolated at the east ernmost end of First Street. That ser vice will be restored, but no decision has been made whether to replace the existing line or run a line to the homes from a different direction, he said. The storm knocked only one of the town's 23 public beach acccss ways out of service, but Roberson estimates about 20 percent of all pri vate accesses were damaged from 390 E. First Street to the end of the beach. He estimated 90 percent of all residences on the island lost at least one shingle in the storm, and that approximately 160 might need roof repairs. Of those only about 20 had sustained more serious damage, such as missing porches, porch roofs and/or portions of living area roofs. Those include "five or six" ocean front homes, and three canal street residences. On the causeway, a section of the water slide tube broke away and high winds broke off the overhang at Ocean Isle Plaza, leaving it draped across on the gas pumps. Trash Pick-Up Is March 26 At OIB Ocean Isle Beach has arranged for a one-time special pickup Friday, March 26, by Chambers of South Carolina. Building Inspector Druicd Rober son said trucks will pick up shingles, insulation, limbers under three feet in length and other types of debris, but "no yard waste." Island properly owners only may bring larger timbers, yard waste and other debris suitable for burning to a debris pile growing daily at Shallottc Boulevard on the island's east side. Town firefighters will bum the pile sometime Friday or later. "This for island property owners only," said Roberson. "If we see anybody trying to come across the bridge with anything we'll turn them around." Equity BuyLine ?I1C Less Taxing Way To Get A Loan. The Personal Touch. Easy As UCB. With UCB's Equity BuyLine, Consult a tax advisor about the getting a loan ean lx- as easy as deductibility of interest. writing a check. Because that's lk\st of all, it provides money exactly how you access your line when you need it, no matter what of credit. Plus, by using the equity you need. Its a great way to get a in your home as collateral, 100% tax break, and make the equity in of the interest may be deductible your home, work for you. on your Federal Income taxes. ^ Please slop by any UCB office or call 754-4.301. ??J Tort ffJcphont' mmifxr lor the hearing imixmcd, J-#00-876-6.54.5. I qual HiHiMiif* I rnut-r ' ? ' ? I nitril ( jioliiu Hjnk

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