Closed Oyster Beds Threaten Dixon Chapel Annual Roast BY DOUG RUTTER Dixon Chapel United Methodist Church is go ing ahead with its annual oyster roast this Saturday, with or without the tasty Lockwood Folly Kiver oysters that have made the feast fa mous. Lockwood Folly and all Brunswick County coastal waters, re-opened to shellfish harvesting Wednesday morning after being temporarily closed for one week due to bacterial pollution. The waters had been closed to fishermen since Oct. 26. and church members considered postponing the traditional roast that began about 35 years ago as a way to raise money for the building fund. . Dixon Chapel, less than a mile from Lock wood Folly, may have to serve non-local oysters, but it will hold the roast Saturday from noon until 6 p.m. at the church. Church spokesperson Marlene Varnam said shellfish waters near the Bald Head Island and Wilmington area have been open and should yield enough oysters to feed the hungry crowd. "Even if they don't get our rivers open soon enough we should be able to manage," Varnam said Monday. "Right now we're going to use whatever we can get in the local area." The N.C. Division of Marine Fisheries closed shellfish waters between Southport and the South Carolina state line last Tuesday following a peri od of heavy rainfall. Stormwater runoff washes bacterial pollution into streams and rivers, making oysters and other shellfish temporarily unsafe to eat. The Shallotte area received about 3.6 inches of rainfall between Oct. 25 and Nov. I . With local shellfish waters still closed to har vesting, Varnam said the church didn't decide to go ahead with the oyster roast until Sunday night. More than 70(i people attended last year's event, with 616 enjoying oysters roasted over an open fire. Diners consumed 159 bushels of oys ters. and the church also sold approximately 100 plates of fish. Varnam said she doesn't know how many people to expect this year. "There's quite few people that's called. 1 know there's some that's coming from California and Florida and West Virginia," she said. Adults can eat all the oysters they want for just SI 2, while children eat tor $4 each. Diners need to bring their own oyster knives. Hushpup pies and coffee will be served with the steaming shellfish. For people who don't like oysters, fish din ners will be available for S5 apiece. Sodas, pies and cakes also will be sold. The church youth will have a yard sale, and the ladies will be selling crafts. "I think it's going to be a pretty good day," Varnam said, adding that the church hopes to re duce the long lines that formed outside the eating area last year. Church member Tim McCumbee has made six picnic tables to provide more area for people to eat. "We don't think people will be standing in line as much as they did last year." Varnam said. Dixon Chapel members also hope visitors won't have to deal with the same rainy weather as the people who attended the N.C. Oyster Festival three weeks ago and the N.C. Festival By The Sea last week. "We're just hoping for good weather," Varnam said. "It's not been a good year for festi vals." BOTH WANT QUESTION SETTLED Authority, Hospital Company Head To Court On Lease Issue BY SUSAN USHER Ten years or 40 years? The authority that owns and oper ates The Brunswick Hospital and the company that leases the facility may soon have the answer to a question that has remained in limho for more than nine years: When does the ex isting lease end. next May 17. 1994, or May 17. 2024? An "application for declaratory relief' was filed Friday in Bruns wick County Supciioi Court by HealthTrust Inc.. which manages the hospital, and its parent company. Hospital Corporation of North Caro lina (HCNC), the actual lessee. Authority members voted in July to enter into "friendly" litigation with the management company to settle the lease issue and establish a sound legal basis for future deci sions. The vote led to correspondence between attorneys David Nash of Wilmington (representing HCNC) and Henry Foy of Southport (repre senting the authority), setting out the positions they will assume for court purposes: HCNC will contend the lease ends next May and cannot be extended legally; the authority will contend it was automatically extend ed as of midnight June 30, 1984, and that it has no intention of settling up with HCNC unless directed to do so by a court. "That's just lawyer talk." said David Pridgen. vice chairman of the authority, which was created by Brunswick County Commissioners to own and operate the hospital. "It's still friendly litigation. Nothing's changed." Both parties have 30 days in which to file briefs and correspond, he said, then the court wiil set a date for hearing oral arguments. Resolution depends on how a judge views legislation adopted by the General Assembly in 1984 and its effect on the lease agreed upon in May 1984. The answer could reconfigure lo cal hospital care. It could: 1) result in HealthTrust Inc. con tinuing to operate the hospital with out interruption for up to another 30 years; 2) lead to the authority seeking proposals from HealthTrust Inc. and other potential lessees, holding a public hearing on their proposals, and determining which proposal would be most "in the public inter est". In this case, whichever man agement company took over the hospital operation w;ould have sub stantially different financial arrange ments with the county, as required by current state law. When the original lease between the authority and Hospital Corpor ation of America, and its successor. Hospital Corporation of North Caro lina. was signed, state law limited leases to for-profit corporations to a maximum of 10 years. But legisla tion to change that was pending. So the agreement provided that the lease would be automatically ex tended to 40 years ("the useful life of the facility") if that became possi ble. The lease of medical offices and other facilities on the grounds was subject to the same provisions. If the current leases end next May "That's just lawyer talk. Its still friendly litigation. Nothing's changed. " ? David Pridgen 17. the authority will be obligated under the terms to pay HealthTrusl Inc. a sum exceeding S4 million, the value of the company's assets in the hospital, plus any prorated share of rents for offices. If the leases are considered ex tended. state law requires that cer tain conditions be met: the lessee must place into an escrow fund money or direct obligations that will provide enough money to pay off any outstanding bonds when they reach maturity. At present there are $925 ,(X)0 in outstanding revenue bonds issued by Brunswick County for construction of the hospital. Also, the law does not allow the authority to issue any bonds, notes \ ZeNQ'S gXltDCN CTV>t nese J^esCcvtxt~cvr>zr LUNCH BUFFET FAMILY NIGHT Monday-Friday BUFFET 11 -2:30 PM Monday-Saturday NEW HOURS: Monday-Thursday 1 1 AM-3, 4:30-8:30 PM Friday 1 1 AM-3. 4:30-9 PM Saturday 4:30-9 PM Sunday 1 1 AM-3 PM For take-out call 754-5280 East Gate Sauare. Holden Beach Road ? Shailotte TOWN OF HOLDEN BEACH NOTICE OF PUBLIC HEARING ZONING BOARD OF ADJUSTMENT The Zoning Board of Adjustment of the Town of Holden Beach will hold a public hearing on Monday, Nov. 15, 1993, at 5 p.m. at the Town Hall to consider the following appeals: CASE NO. 08-93: Request for a variance of 1 2 ft. from the 25-ft. front yard setback and a waiver from the town to allow a portion of the septic tank system to be place up to the DOT right of way at 150 Ocean Blvd. East. CASE NO. 09-93: Request for a variance of 10 ft. from the 25-ft. front yard setback and a waiver from the town to allow a portion of the septic tank system to be placed up to the DOT right of way at 114 Ocean Blvd. East. Jim McSwain Code Enforcement Officer or other types of indebtedness for hospital improvements when the fa cility is leased to a corporation. ,As existing legislation expired on June 30, 1984. a hill was introduced to replace it effective July 1. Due to > maneuvering by Sen. R.C. Soles Jr. in an unsuccessful attempt to have Brunswick County excluded from the bill, its passage was delayed un til July 2. Calabash EMS Takes 58 Calls The Calabash Volunteer Emer gency Medical Service answered 58 calls in September, its board of di rectors learned at the Oct. 21 meet ing. Volunteers worked 180 man hours and traveled 2,085 miles. 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