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THE STATE PORT PILOT
Volume 48 Number 18 November 17, 1976 Southport, N. C. 22 Pages Today 10 Cents
■ ■ — ‘ ■ tm — i —m ■ ■ 5 i " r ~
AMERICAN FLAGS are presented by the VFW
Post 10400 and Ladies Auxiliary to Col. Marion
Burn (left), principal of Southport Primary
School, for display in each room of the school.
Others participating in the recent ceremony are,
left to right, Post Commander A1 Martin, Jr.,
Ladies Auxiliary representative Shirley Vititoe
and Bill Schuck, Junior Vice - Commander of the
Boiling Spring Lakes organization. A total of 36
flags were presented.
By BILL ALLEN ~
A Wilmington attorney haB
been hired to represent the
City of Southport in the
proposed annexation of in
dustrial plants into the city
limits.
The Southport Board' of
Aldermen, meeting in
regular session Thursday
night, voted unanimously to
hire Wilmington Attorney
John Newton to provide legal
advice in the annexation
controversy.
Mayor E.B. Tomlinson, Jr.,
annomced that Newton was
being hired to represent the
city in “one manner and one
manner only” — annexation.
\ The action was taken after
City Attorney Carter Lam
beth said in a letter to the
board that he could not
represent the city in the
annexation in ordef to avoid
any conflict of interest.
Lambeth also represents
Pfizer, Inc.
.The board voted
unanimously to hold a closed
meeting to discuss “per
sonnel.” The public was
asked to leave the closed
session, which lasted 15
minutes.
In other business, the board
voted unanimously to seek
the “full amouit” owed the
city under contract on the
water, sewer and storm
drainage project.
Hilco, the general con
tractor, owes the city $13,550
because it was 271 days late
finishing the work, according
to a letter from Henry Von
Oesen, engineers on the
project. Pierce Ditching
Company was 211 days late
and owes the city $10,550, the
letter said.
Mayor Tomlinson .ex
pressed concern when told by
City Manager Alvin Kor
negay, Jr., that most of the
money the city will collect
will have to be paid for ad
ditional inspection fees.
Lambeth was asked to look
into the matter and report
back to the board.
Alderman Harold Davis
questioned why K & M Fuel
Sales — Alderman Conley
Koontz’s company — was
allowed to install a radio
antenna on the city water
tank while the police and fire
departments and a com
munications company could
not do it.
Kornegay told Davis that
the board voted two years ago
to allow the communications
company to install an an
tenna on the water tank, but it
was never done. He said he
acted under the same
resolution in allowing
- Koontz’s firm to put up an
antenna.
Davis and Alderman
Pierce Horne said they did
not remember the board
approving the resolution two
years ago.
“It seems like it has caused
(Continued on page 17)
Annexation Hearing Is
Delayed, Meeting Today
The Southport annexation public
hearing scheduled for Monday night
has been postponed, Mayor E.B.
Tomlinson, Jr., announced Tuesday.
Mayor Tomlinson said the South
port Board of Aldermen will hold a
special meeting Wednesday (today)
at 4:30 p.m. to establish a new date
for the public hearing.
He said he expected that the public
hearing will be held in mid -
December.
The public hearing scheduled
Monday night had to be postponed
because the legal notice informing
f . , ,
the public was not published four
times prior to the session.
“The current procedures in effect
did not meet the necessary public
notice criteria,” the mayor noted.
The board made plans to hold a
meeting Tuesday night to set a new
date for the public hearing. But it
had to be delayed until Wednesday
afternoon because of the lack of a
quorum.
Both the Brunswick nuclear plant
and Pfizer, Inc., have already an
nounced that they oppose being
annexed into the city.
Hospital Case To Go
To Court On Monday
A heading on the lawsuit
challenging the constitutionality of
the Smithville Township hospital
district referendum is expected to be
heard on Monday in Brunswick
County Superior Court.
“It is on the motion docket and it
most likely will be heard on Mon
day,” said Assistant Clerk of Court
Judy McClain.
Taxpayers opposed to the district
filed the lawsuit against the county
after the referendum was approved
by 84 percent of township voters in
the August primary. The plaintiffs
will be represented by attorney J.B.
Lee of Whiteville.
County attorney James Prevatte,
Jr., and attorney Carter Lambeth
will represent the Brunswick County
commissioners, Dosher trustees and
citizens.
The case of Long Beach vs. A.H.
Gainey, Jr., also is on the motion
docket. It involves a zoning dispute.
Judge Henry McKinnon, Jr., will
preside over the civil session of
Superior Court, which is scheduled
to end on Wednesday.
.f 'v
Included On Bills
The four-cent hospital tax will be missing when
Smithville Township tax notices are mailed this
week — two-and-one-half months late.
County Manager Don Flowers, Jr., said the
hospital tax is beine omitted from the Smithville
tax notices “because we felt the court should
make the final decison.”
“I made the decision acting under the Fiscal
(Control (budget) law and upon the advice of the
county attorney (James Prevatte, Jr.) and the
Institute of Government,” Flowers stated.
Smithville Township property owners,
however, may still be charged the special
hospital on their 1977 taxes, depending on the
court case. “It is possible the county could re-bill
for the four-cent hospital tax,” Flowers stated.
Flowers said he believed the decision he made
was more a legal, rather than an administrative
matter, since the issue is in the courts.
“I don’t feel the authority given me under my
responsibility as chief budget officer permits me
to send out the bills with the four-cent tax without
the issue being decided by the judge,” he ex
plained.
Southport Mayor E.B. Tomlinson, Jr., who is
chairman of the Dosher Board of Trustees, said
the decision not to bill the tax on the first notices
will have “no effect” on plans to improve the
hospital.
“It is the county’s decision since they collect'
the tax,” he stated.
He said he had been assured by Flowers that
the hospital tax will be billed once the court
makes a decision. The lawsuit challenging the
constitutionality of the hospital tax referendum
is expected to be heard in Brunswick County
Superior Court next week.
Mayor Tomlinson said he was “confident” that
the court would approve the referendum and the
tax will be billed even if the case is appealed.
The Brunswick County Finance-Computer
(Continued on page 4)
Long Beach Considers
By BILL ALLEN
The Long Beach Board of
Commissioners will vote on
an ordinance to amend the
present town charter at a
special meeting on Monday at
7:30 p.m.
The board voted
unanimously Monday night
following a public hearing to
consider acting on the or
dinance amending the
charter at the special
meeting next week.
Despite the unanimous
vote, Mayor Harold Crain
said he believed that the
‘Ward is probably divided on
the proposed changes.” After
the meeting, Commissioner
Russell Morrison told citizens
that he planned to vote in
opposition to the changes.
Most of the discussion at
the public hearing and
meeting Monday night
centered arotnd the proposed
charter change that would
limit the power of the town
manager and give more to
the board.
Four of the six citizens,
including two former com
missioners, who were present
spoke in opposition to the
changes while only one was in
support. The board and the
citizens all expressed
disappointment because of
the small number of people
attending the hearing.
All six citizens were given
numerous chances to express
their views during the public
heraring. In fact, Mayor
Crain make special efforts to
encourage the citizens to
express their views.
After the hearing ended,
Commissioner Ellis Dudley,
who has been pushing the
charter changes, made the
motion that the amending
ordinance be considered at
the special meeting Monday
night. Commissioner Pauline
Morgan seconded “so we can
discuss it.” It was
unanimously approved.
Under the proposed
changes, the number of
commissioners would be
increased from five with a
mayor to six with a mayor.
The original proposal was to
have the present five with a
mayor to clear-up any con
fusion inthe charter.
Elections, under the second
proposal, would be conducted
on the first Tuesday after the
first Monday in November
rather than May as required
by state law.
The mayor would be able to
vote only to break a tie under
the third proposal. Most of
the opposition to the proposal
died after it was decided to
recommend that the town
have six rather than five
members on the board.
The two controversial
proposed changes to be
considered Monday night
involve the powers of the
town manager, Under the
first one, the manager “shall
appoint, suspend or remove
officers or department head
in accordance with general
personnel rules, regulations
or policies as council may
adopt.” .
The manager “shall direct
and supervise the ad
ministration of all depart
ments, subject to the general
direction and control of
council,” under the second
provision.
Former Commissioners
Don McNeill and Nancy
Leggett, Pat Helms and Ruth
Somers expressed concern
about the last proposal being
“ambiguous.” They pointed
to the words “may” and
“general.”
Dudley told Mrs. Helms
that the wording for both
changes came from the state
statutes. If they are ap
proved, he said he had two
other proposals to offer to
spellout the meaning clearly.
Under the first change,
Dudley said the manager will
her required to “consult” with
board members about hiring
and firing, but will make the
decisions himself.
Dudley said Town Manager
John Berry, who did not
express his views about the
changes at the meeting,
agreed with the proposal.
Commissioners can talk
with town employees and
(Continued on page 17)
Board ‘Officially’ Asks
For School Pay Details
By BILL ALLEN
Brunswick County Board
Chairman Steve Varnam, Jr.,
has made a request that
County Manager Don
Flowers, Jr., be given “any
(Board of Education) in
formation he may request at
the present time or in the
future.”
Chairman Varnam made
the request in a “Dear
Wilbur” letter sent to Board
of Education Chairman
Wilbur Earl Rabon on
November 9.
Flowers, who made a copy
of the letter available to the
press on Monday, said
Chairman Varnam had not
recieved a response from the
letter.
Flowers requested that
Supt. Ralph King provide him
with current salary in
formation to give to the in
coming commissioners. But
the Board of Education,
pointing out the information
was provided at budget time
this year, turned down the
request until it was made by
the county commissioners.
(State Port Pilot, November
3,1976, Page 1)
Early Publication
The State Port Pilot will be published early
next week on Tuesday, because of the
Thanksgiving holiday.
No news material brought into The Pilot office
after noon on Friday can be assured of being in
next week’s edition.
Also, no classified advertisements will be
accepted after 5 p.m. on Friday, and display
advertisers are requested to have their material
ready for pick - up by our advertising depart
ment on Saturday.
“We believe the county
manager is acting within the
normal confines of state law
under his duties as chief
budget officer and he also
acts with our endorsement,”
Chairman Varnam said in the
letter to Chairman Rabon.
Although the county
commissioners have had
several meetings since the
school board turned down
Flowers’ request for salary
information, the matter has
not been discussed in a public
session, or any “en
dorsement” action taken.
In addition to making the
request in the letter,
Chairman Varnam told
Chairman Rabon that “there
are a few items we would
appreciate your board letting
us know your present
feelings.”
He said the commissioners
needed to know what steps
have been taken towards
holding a school bond
referendum.
“We publicly stated we
would endorse and would help
support a bond issue for
construction of new school
facilities in Brunswick
(Continued on page 17)