THE STATE PORT PILOT A Good Newspaper In A Good Community VOLUME 45 NUMBER 47 78 PAGES TODAY SOUTHPORT, NORTH CAROLINA JUNE 12, 1974 10 CENTS A COPY PUBLISHED EVERY WEDNESDAY NEW HEADQUARTERS for the Fourth of July Festival Committee are located on Moore Street in the Furpless building, two doors west of the post office. Hanging the shingle are Harold Aldridge, Lee Aldridge and Robert Howard. All festival activities will be coordinated in the headquarters office. 6The Proof Is Uncontradicted9 Injunction Granted, Decision On Board’s Minutes, Statements Two county newspapers were granted an injunction against the Brunswick County board of com missioners Friday, based on the commissioners’ own statements concerning closed meetings of the board and official minutes of their meetings. The only evidence sub mitted to Superior Court Judge E. Maurice Braswell were the depositions of the five commissioners — John Bray, William A. Kopp, Jr., J.T. Clemmons, Vardell Hughes and Robert Simmons — and minutes of the board from January through December, 1973. The State Port Pilot and the Brunswick Beacon “are not required to prove any more than what the minutes show,” said Braswell. The judge referred to minutes of commissioner meetings June 12 and 13 of last year that said executive Bray Will Resign John Bray said Wednesday morning he will resign from the county Board of Commissioners and will withdraw from the race for re-election. “There is noway in the world I would reconsider my decision this time,” Bray said, “A man has to look out for his own in terest.” He said he will officially resign and withdraw from the race just as soon as he has time to write letters to both the Board of Elections and the Board of Commissioners. He expressed the hope the letters can be written this week. Bray said the reasons he is resigning is because his business is undergoing a 50 - percent expansion, and health problems. Commissioner Bray, a Republican, had been elected to the board twice and gained re - nomination in the GOP primary last month. He resigned from the board last August but changed his mind after reportedly working out some difficulties. “I did this once before and changed my mind,” he stated. “It is definite this time and will be official once I have the time to write the Board of Elections.” New Well Preferred Beach Watering Ordinance Nixed A moratorium on Long Beach car washing and lawn watering was bypassed Thursday in favor of a $20,000 deep well to ease water problems at the west end of the beach. A motion to have both the well and the ordinance on water use died for want of a second. The motion for a well and no ordinance, stated by Councilman Ellis Dudley, was unanimous. An ordinance had been drawn by Town Attorney James Prevatte that would have restricted use of municipal water on the beach strand from July 1 through September 1, and, according to the attorney, could have been enforced “under the general police power of the municipality.” The ordinance, which Town Manager Frank Kivett said “would in fact relieve” current water problems, carried with it misdemeanor punishment of up to 30 days in jail or a $50 fine. Councilman Russ Morrison suggested a two - hour grace period from 8 until 10 a.m. during which water demand was not so great; one spec tator was not as lenient: “If they want a drink of water,” she said, “they’ve got to forget about watering their yards.” The well, which will be of no use after a proposed town water system is established perhaps two years hence, is estimated to cost between $11,500 and $14,500, plus the cost of leasing suitable land in the vicinity of Blue Water Point. Kivett, who said a water By June 28, Brock Says Vacancies Due To Be Filled Democrats and Republicans in Brunswick County “probably” will have only until June 28 to fill vacancies on their party tickets for the fall general election, The Pilot was in formed this week. Director Alex Brock of the State Board of Elections said the June 28 deadline has been established to have replacement candidates certified for the November general election. Democrats in the county must name a replacement for T. David Bowers, who resigned after being nominated to run for a seat on the board of commissioners. Republicans in Brunswick and Pender counties have to find a replacement for Rep. Thomas Harrelson, who resigned his state House of Representatives seat last week after being renominated. County Chairman Lester Babson announced that the Brunswick Board of Elec tions voted unanimously Tuesday afternoon to accept Bowers’ resignation and declare the post vacant. The county board is waiting to receive a letter from Director Brock explaining the procedures that will be followed on the matter. Chairman Babson also announced that the State Board of Elections had ac (Continucd On Page 2) supply referendum was possible by September, said "the town is not going to lose money" on the well because the overall water system provides significant funding for the town. Gross income, he said, was $30,000 annually. Spectator Carl Watkins said if the ordinance was (Continued On Page 2) Agency Okays Dosher Project The Comprehensive Health Planning Section of the North Carolina Department of Human Resources has ap proved the proposal of Dosher Memorial Hospital to incur a capital expenditure for equipment purchase to establish an obstetrical care unit at Southport. Prior to approval, the project was reviewed by the Division of Facility Services, North Carolina Department of Human Resources. $20,000 For Dos her Budget Review Goes Smoothly Brunswick County Com missioners spent Monday afternoon and evening reviewing the proposed $15,274,682.10 budget for fiscal year 1974-75, but took no official action. It was a listening and question^asking session for the commissioners, who heard 12 budgets presented during the long meeting in Southport. Department heads ap peared at the meeting to give commissioners a chance to ask about requests for funds in the budget. Most of the department heads appeared generally pleased with the funds in their proposed budgets. The budget hearings with department heads were scheduled to end Wednesday after a second afternoon and evening session. After the two sessions, the commissioners will set up meetings between June 13 and June 25 to work on the finalized version of the budget. The $15,274,682.10 proposed budget, which was given to the commissioners last week, calls for a tax rate of 70 cents per $100 valuation or a two cent reduction over last year. County Manager Neil Mallory reviewed with the commissioners the $205,325 in donations included in the proposed budget. Major donations in the budget, he said, include $30,000 for the Brunswick County library, $15,000 for the county plan ning board, $30,660 for forest fire protection, $20,000 for Dosher Memorial Hospital and $26,500 for the Recreation Commission. Vice-Chairman J.T. Clemmons pointed out that the $20,300 :n th«> proposed budget for Dosher hospital “is just a proposal.” Mallory said this is the first time the county has proposed to give funds to the recreation commission, which has been operating for years without money. The commission, he said, will use the money to draw-up a comprehensive outdoor recreation plan for the county in order to qualify for matching funds in the future. Sheriff Harold Willetts presented his $292,180 proposed budget to the board. The budget includes funds, he (Continued On Page 2) The decision to approve this project was in con currence with the advice and recommendations of these agencies. Review of the project was conducted under the authority of federal law on the basis of plans, criteria and standards adopted by the planning agencies involved. These standards are used to determine if a health facility project is needed, can be staffed, can be operated at a reasonable cost, and in corporates cost-saving features. Coordination of state and regional planning, as it af fects federal program requirement under Section 1122 of the Social Security Act, is carried out by the Health Planning Section in the Department of Human Resources. sessions were held to discuss the county budget. “There is nothing that gives the commissioners the power to do that,” said Judge Braswell. The closing of a meeting to discuss budgetary matters is in violation of the Open Meetings law passed by the 1971 General Assembly. The injunction suit was filed July 25, 1973 after several improperly closed meetings of the county board. Sworn pre-trial testimony of the commissioners was taken last fall. Last Monday, Judge Braswell declared there was nothing in the case that necessitated a trial by jury — no “issues of fact.” None of the commissioners was present, nor did any attend the hearing on Friday. County Attorney Thomas Horne, who said he was employed “not by the public, but by the commissioners,” claimed he had an “un fettered right” to confer with his clients. He specifically cited the alleged July 22 secret meeting held in his office, but Judge Braswell said that meeting was “not essential to the lawsuit.” Horne also claimed that publishers James M. Harper, Jr., and Kelvin Mackey had no right to file suit because neither had been personally excluded from any board meeting. Braswell ruled, however, that reporters served as agents of the publishers, and that they were in fact excluded. Concerning the closed budget meetings, Horne said the commissioners felt it was a question of what part of the budget they were con sidering. If it was salaries, he said, the board could hold an executive session. He did not claim, however, that the board was discussing money for personnel. The Open Meetings law does not allow for the private discussion of salaries. Judge Braswell said he “only wish(ed) the county commissioners were per sonally present to hear the respective arguments” of Horne and the plaintiff’s attorney. “The depositions show they need to be better informed,” he said of the commissioners. The judge noted there was “clear and undisputed evidence” that on April 10, 1973 Chairman Kopp (Continued On Page 2) Accreditation Not Hurt School Budget Cutback Looked On Favorably A $75,000 reduction in the requested county school budget was looked on with favor by the Board of Education Monday night. Members were told by Supt. Ralph King that a $10,000 cutback in library funding would not hurt chances of the county high schools being accredited this year. Other cutbacks could be negated by additional state funding, he added. King told the board that County Manger Neil Mallory had sought the reduction as a means of balancing the county’s fiscal 1974 - 75 budget. Included in the cutbacks are six personnel positions, resulting in a cost reduction of $48,600; $5,000 in libraries; fixed costs were reduced “by a percentage”; $10,000 in furniture in the capital outlay budget; and the library book funds. In other business before the board, attorney Mason An derson identified himself as “the greatest compromiser in the world” and recom mended the board seek a $2,400 settlement with Paul T. Turner Electric Company of Wilmington. The board has withheld $4,800 from Turner for his failure to comply with his contract for erecting football field lights at the three consolidated high schools. Turner, however, has threatened to sue. Anderson said he did not know the background of what had occurred, but noted that Turner had claimed 53 rain days. “As I read the contract,” Anderson said, “I don’t believe that rain days could be unforseeable.” Member John Madison noted that Turner was awarded the contract because he did not charge extra for completing the job by a certain date. Chairman Wilbur Rabon said he saw no undue hardship because of the delay; Supt. King said several games had to be rescheduled because the fields were not ready. In order to stay out of court, Anderson said, “I recom mend the board split the difference.” The vote was unanimously in favor. Asst. Supt. P.R. Hankins discussed the ESEA Title I reading and kindergarten programs with the board, and got a “whatever commitment necessary” from the school body. Hankins said the proposed Title I program was “sub stantially the same” as last year, involving 914 students in eight county schools. But, he noted, “the funds we are budgeting on are quite nebulous at this time.” The Title I staff decided to ‘budget tightly” rather than curtail any programs, he explained, but he said that local support was needed “unless you deem it necessary for us to put the ax on something.” About $37,000 more is needed, according to Hankins. The program involves 13 reading classes and 7 kin dergarten classes. If any cutback were necessary, Hankins added, Union and Southport kindergartens would be the first to go. An architect agreement with the Raleigh firm of Evans and Associates was signed but not delivered, (Continued On Page 2) 4Abnormalities9 Charged More Flack Launched At Bald Head Project By BILL ALLEN The decision of the U.S. Army Corps of Engineers to allow a marina to be dredged at Bald Head Island is being attacked on at least two fronts. The Conservative Council of North Carolina, as ex pected, filed suit in U.S. District Court in Wilmington last Wednesday to block construction of the marina until a full environmental statement is prepared by the Corps of Engineers. Four CCNC supporters in Brun swick and New Hanover counties joined forces in filing the lawsuit. A Congressional sub committee is looking into possible “abnormalities” in Department of Interior decisions that led to approval of developing Bald Head, it was announced in Washington, D.C., late last week. David Finnegan, an at torney for the House Sub committee on Conservation and Natural Resources of the Government Operations Committee, said the sub committee is looking into the matter. According to reports, the “abnormalities” include high-level pressure from the Department of Interior to reverse a critical en vironmental report written by one of its agencies — the U.S. Bureau of Sports Fisheries and Wildlife. The critical report, written by the Raleigh office of the bureau, recommended that the Army reject the marina plan because of en vironmental reasons. The report was rejected in Washington. An Interior department file on the proposed Bald Head development, now in the hands of subcommittee members, documents the events leading to the ap proval of the marina. The file reportedly shows that Deputy Assistant In terior Secretary E.U. Curtis Bohlen decided to look favorably on the Bald Head project as early as June of 1973. The file shows that he apparently made the decision before the Sports Fisheries and Wildlife Bureau had re investigated the project for environmental impact. According to the documents in the file, Bohlen's office rejected an adverse field investigation by the Raleigh office and directed the Atlanta regional director of the bureau to sign an altered finding recom mending approval of the project. The altered report, (Continued On Page 2)

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