North Carolina Newspapers

u.-l. t .
ti i 11
"fik ^ jfi
SUNSET BEACH resident and attnrne
sa, right, inferno*'! the planning boa
that it could not legally consider the d
lor the land in voting on proposed zontn
Area Fails Ui
(Continued From I'age l-A)
around nie to remain mobile home."
Steve Gore, who operates the
waterfront restaurant now on the
property, asked II the area wasn't
already zoned 'or commercial use
since there are businesses on the
"There's never been a question, 110
nothing, up to this point," Gore said.
Town Manager Martin said the
County Dei
AAeares Sei
Brunswick County contends s key
ruling hy 11 slate olfleial regarding
former Department of Social Services
employee Aiinda Mearcs was in
error, and that a settlement based on
li va uiereiorc nov DUWUPK upon mc
That theory Is the basis of four motions
filed Dec. 28 by County Attorney
David CIckK response to a suit
brought attains! the county earlier
last month as part of Ms. Menres*
three-venr effort to regain bcr
former position as administrative
secretary hi the Brunswick County
Department of Social Services.
!!"i"! * -tiit Use ''ourt tnnn.
force a settlement agreement readied
between Ms. Menres and Unsocial
services board AukusI 24, 1984
The aKreeiiient was based on a July
27 declaratory rullt'ifi by Harold W.
Webb, director of ihe Office of State
IVrsonnel, tliat the board had the
authority to enter into a htndltu: settlement
witli her State Personnel
Commission members routinely upproved
Ihe settlement on October 16,
Carolina Sho
Property Owr
A proposal tliat supports ineorporutlon
of Caroliiui Shores as n town
will be presented later this month to
directors of the community's Property
Owners Association
I !tw(i>r l)i>< nrsn^wnl nil t? liui >rv_
proximately WO members of the
association both resident and nonresident
would be provided a copy
of the supporting brief and polled on
tlie subject of Incorporation. Indicated
Warren (Btidi Ktiapp Sr., a
member of the six-man committee
stud) tn?! tlx- pros and eons of beeomInn
a town The proposal has the
unanimous support of llw committee,
he said
ITopert) owners would t>r Riven
three weeks in wnieh to read the
material and respond No answer
will he taken as a positive response,
Vnapp said
If the response of tlx- inajortt) is
positive, he continued, the committee
r-r- i ,.i*.'n'" f' the 'v-ir! d iir*-*
tors petition Brp Itavxt Krdwitx- to
file a local bill for tnrorporatloiv
Redwlne told The Brunswick
Beacon thai If asked to do so. he
would submit a hill during the ISK>
session, but that tt would provide for
a referendum of those who would be
affected. Just as he did for the
Shallots Point *rr* lust jwar
A meeting ol Ihr pnvrtt* owners
assoriaUori txwH ot directors has
l**fi requested (or the last seek in
January *0 that If* proposal may b*
J, Thursday, January 10, 1985
*'-i naHMH
fa i n ?- - J^^iL.
^ J#i r>
y Mason Ander- n!ng board meml
rd Friday night son's intnrnrctat
cveloper's pintis dorr, rear,
g changes. Plan
nder Orandti
area fell under the "grandfather
clause" since the businesses were
there before the town adopted zoning
"I'm not kicking Steve's
restaurant. All I have asked for is to
show us more of wluit you plan to put
there," Taylor said.
Getting zoning changes is tho first
step to drawing up those plans, Cooke
said. He added the company docs not
ense Motic
ftlemerst Ns
Brunswick County intends to show
tile ruiing was incorrect and that
therefore the settlement agreement
is not binding, Ciegg indicated in a
motion filed in Brunswick County
Superior Court.
The motion fiied by Ciegg and Aian
it. (litter seeks a change of venue, or
transfer, to Wake County Superior
Court, or, In ttie alternative, an order
suspending proceedings in
Brunswick County court until Wake
County Superior Court reviews
VVehb'n i tiling.
Ciegg has filed a motion in Wake
County Superior Court seeking a
review that ruling. saving the matter
Is within Wake County's jurisdiction
under state law
A fourth motion asks the court to
"stay the operation of on agency ruling"
pending tho outcome of the
judicial review .
The motions were fiied on lie half of
tile county, not the Department of
Social Services, which was also named
as defendant in the Meares complaint.
While noting it was "more properly
?t? * *
r- c A Ae^i / U as I I
i /viuy i um
presented, anDrdini to Xnspp
"The brief explains why we think
we should incorporate," said Knapp
"It discusses cost, tire advantages ol
incorporation. Oh- future and the
responsibilities related to incorpora
Conunittee members have stud let
tlx- question of uicorporation toi
more Own a year, calling upor
Wallace Martin, manager of nearbt
Sunset Reach. aixi Rep David Rest
wine for some of Uieir information
Committee chairman Wesle;
Reynolds, Ox- inunediate past presi
dent of the property owners assorts
(ton. could not be reached for com
mcnt Momtav Serving with hint aiv
K'natm itn tfv? iHVinnillM> ant DnSar
(' Woodbury, nswiatior. vice
president; Hob Coburn. Gu
WiltunK tosonit* . Riu*fc W'ilo\
al! aI Carolina Shoe**
Custom Draperies
and // Jfa
juitit nnunix
| 842-6665 or 842-3530
mJr lWMWUwJ?
fc wwwfik
>er Mary Allen, front, listens to Anderlon
of the law along with Ed and Dina
ther Clause
have the cash flow to spend $100,000
on plans before the land is rezoned.
"We've built reputable projects for
the last eight years," Cooke said.
"This type of situation, I don't see
how it could do anything but improve
the area."
The recommendation was sent to
the town council for action at its Monday
night meeting.
5ns Assert
Dt Binding
the subject of an Attorney General's
opinion," Webb ruled that the board
of social services had the authority,
in his opinion, to enter into a binding
settlement agreement relating to a
personnel action pending before the
ouiw rciBunuci vuuuiwkiiuii.
He said Commission records indicntcd
boards tiad been parties to
personnel cases before and had
entered into binding agreements with
opposing parties.
In his ruling aiau uuieti liicre
was no existing case law on whether
the social services board, in the
absence oi a fuii-umc director,
qualifies as the "local appointing
authority" for sociui services
employees as regards decisions of
the State Personnel Commission.
Under normal circumstances the
director Is the local appointing
authority. Since the director is
selected by the board and the board
consults with him or her on departmental
nutters, Webb wrote, it "appears
logical" that the board would
qualify as the local appointing
authority in the absence of u permanent,
full-time director. At that time
the late 1 arry Bell was acting director
following the dismissal of Jamie
Orrock, the director.
County commissioners have
chosen not to act on the settlement
| proposed by the social services
board, which provides that Ms.
Meares bo reinstated into her former
position with certain benefits
restored as well as back pay and payment
of legal expenses.
The administrative secretarial
position from which she was fired in
September 1M1 no longer exists
within the social services departI
* i, i.j i , i.
iiiriH. It swim L"-' UJ? H?
sioners to allocate the necessary
1 funds a rut then either create a new
position or upgrade an existing one
: Brunswii
1 1 u ,J
tvishes t
. I *
(firil o??r?* ci ?
f 9
lO ai'i' frtc m
?m/ int
who gave so fre
duriniz the h
Bern use of y
11 cas truly a
Sunset Col
Hearings C
Sunset Beach Town Council will
hear arguments for and against three
requested zoning changes at one
public hearing, its members decided
Monday night.
Citizens will have the opportunity
to air their views Wednesday, Jan.
23, beginning at 7:30 p.m. at the town
The three areas to receive consideration
include two tracts of land
located along N.C. 179; a tract of
Seaside land reterred to as the
"Brooks estate;" and the Landing I
subdivision All three cf the rezenin*7
requests were recommended to council
following Friday night's meeting
of the town planning board.
According to Town Manager
Wallace Martin, the reouest to
rezone the two tracts of land along
N.C. 179 from MR-2 (Mainland
Residential) to MB-1 (Mainland
Business) came from Sea Trail
Corp., Island Development Corp. and
uceansiue Corp., a!! companies
holding interest in the land which
would he affected bv the change.
Council approval would clear the
way for construction of commercial
buildings, as well as multi-family
housing, on approximately 13.2 acres
of land where the old Magnolia Motel
once stood and along N.C. 179 next to
the Intracoastal Waterway.
In addition, a tract along N.C. 179,
owned by David Stanaland and
bordering the Calabash River, may
be rezoned for commercial use.
Also to be considered at the public
hearing will be the rezoning of 2'n
acres of land, owned by Joe Brooks
Sr. nf Seaside, from MH-1 I Mobile
Homes) to MB-1 (Mainland
Business). The request was made by
Stuart Cooke of Cooke Developers'.
Cooke told members of the Sunset
Beach Planning Board Jan. 4 he
plans to build a development on the
property, combining multi-family
residences and businesses.
Council members and the general
public will also inspect a proposal to
change the zoning classification of
landing 1 subdivision from MR-2
(Mainland Residential, requiring
innnn-foot lot size) to MR-3
(Mainland Residential, multiC*
OI r\ Drtirttr
v-viu, i\uii iy
t A f
Below normal temperatures and
above normal precipitation could
create wintry conditions for the area
by the end of the week, said local
meterologist Jackson Canady.
A storm system moving across the
state is expected to interact with colder
air to produce icy conditions for
the more inland sections of the state,
Canady said.
"Right now, it's too early to tell
about our area," Canady said. "ByThursday
we should know more."
i no uuiiuvK..for daytime 'ogles
in the lower 50s with nightly lows in
the lower 30s. Three-fourths inch of
precipitation is also expected for the
For the period Jan. 1-7, a max
tniuin hinh of 79 degrees was recorded
on the 2nd w hile a minimum low of
23 degrees was recorded on the 6th.
An average daily high of 62 degrees
i-otnbined with an average nightly
low of 41 degrees for a daytime
average of 52 degrees, or about five
degrees above normal for this time of
Also for the period. Canadv recorded
89 inch of rain in his gauge at
Shallotte Point
ck Village
illc.ll ViUlC
o express
urctics, clubs
li vi duals
ely of themselves
oliday season.
out Christmas
special time.
incil Sets Pi
>n Zoning CI
family). Martin said developer Mike
Brazeal of Caiabash requested the
change after recently purchasing the
subdi vision.
Revisions Allowed
In other business Tuesday night,
council approved a planning board
recommendation calling for the
realignment of Waterway Estates.
Members authorized Col. Jim Gordon,
planning board chairman, to
sign a certified map of the property
so it may be recorded.
Revisions inciuueu combination cf
lots and alteration of a road to provide
for a cul dc sac. The realignment
did not require a change in the
zoning classilicalion now governing
the subdivision.
Land Donated
Also at their monthly meeting,
council members learned of the
donation of .8 of an acre to the town
by Sea Trail Corp.
The donation will allow the town to
shore up the triangular-shaped lot on
which the town hi!! is l0C2?6<f Arrording
to Martin, the gift will enable to
the town to meet parking needs at
that site for years to come.
Council members agreed
unanimously to honor Sea Trail Corp.
with a plaque, noting the civicminded
attitude the company has
Attorney To Itcmsiu
Council voted unanimously to request
its attorney, Michael Isenberg,
to continue serving in that capacity.
Martin advised council members
that Isenberg has withdrawn from
Murchison, Taylor & Shell, the law
Sunset Beach
Aimed At CI
Sunset Beach residents and
tourists may do well to steer clear of
i t I ui?11 iMua uii 11 iu unaiiu Mfti.i u ct
preliminar>' resolution passed by
town council members receives final
The resolution colls for the abandonment
of nine avenues and streets
in Slw. SS?. ..Unftimirm tl ?
?j t? ?roads,
council would be turning
public property into private property
Monday night's action by council
amounted to a resolution of "intent to
rinse" the roads.
According to Sunset Beach officials.
the town has owned the
streets for years. But if the abandonment
proposal survives a final
resolution and a public hearing the
land on which the roads are located
ill c?il rni'nH t r\ n/i % n/-nnl nrrwuirl %
J ?I? t" -I J
The preliminary resolution calls
for the town to close portions of North
Shore Drive, Canal Avenue and
Hickory Avenue, as well as portions
of the following streets: Cobia,
Sailftsh, Dolphin, Martin, Main and
Town Clerk 1 -inda Kleugel said the
town proposed adbandoning the
roads "so that septic tank permits
can be issued " A11 of the streets in
question, she explained, are abutted
by vrcter. Lots on the water be
100 feet deep before septic tank per
iiuut iiui_> ij*.- issuer. r icseiiuy. sue
said, lots at the end of the roads set
for abandonment are 90 feet deep By
Stephen Fox
Pride B. 0as!H
8 tfears
I 'v
II IK! " ^ iw'
r if
ii ^
I sn.
| wean i
jblic 1
firm presently contracted by the
town. He said the attorney, who will
continue to reside in Southport, has
indicated a desire to remain as the
town's legal counsel.
Martin was directed to notify both
Isenberg and Murehison, Taylor &
Shell of the decision.
Other Business
In other business, council did the
A unanimously to submit the
narno nf HolHpn Reach Realtor Alan
Holden for nomination for a slot on
the advisory panel of the Coastal
Area Management Executive Committee.
Endorsed a proposal by way of
resolution to Cardinal Health Agency
requesting that any such nursing
home facility be constructed within a
mile radius of Brunswick CountyHospital.
The proposal, according to
Councilman Ed Gore, was initiated
by local rescue squads concerned
about the amount of time and expense
which may be involved in
tranferring the facility's patients to
ana iroin iiie hospital.
Heard that the Sunset Beach Police
Department during December handled
four breaking and entering calls,
wrote 12 town citations, noted three
state citations, responded to one fire
call, investigated two disturbances,
delivered five messages, and trapped
eight cats. Police vehicles consumed
455 gallons of gasoline, compared
with 69 gallons by the sanitation
department and 46 gallons by the
water department.
i Resolution
osing Streets
abandoning the roads and allowing
the land to revert to adjacent property
owners, the town is making certain
that all of the lots Issued septic tank
permits fit the legal requirements.
Fleugel said all of the lots have
been issued permits in the past, "but
this makes it legal."
CKa i^nr< ?U~? *U~ ? t ?i.rC
2G2CI; MK ionu IMI.-I uccil
"under the assumption" that paperwork
for the change had been done in
1978' The maps tn.d resolutions $ *
were thought to nave Deen
recorded," she said. Town Council
must next approve its resolution "to
close" the roads. Then, following a
public hearing on the Issue, a majori- g
ty vote is necessary before the abandonment
may be considered legal.
Established Nov. 1. 1962 I
Telephone 754-6890
Published Every Thursday
At Main Street
Shallotte. N C. 28459
Onp Yf*nr
Six Months $3.14 I;
One Year $7 32
Six Months $4 1 8
One Year $10.00
Six Months $6.00
Second class postage paid at
the Post Office in Shallotte.
N C 28459 USPS 777 780
i N?Aem?Mliili
Experience j
[ H%* l ii i
W I m i
** ' > I
sie Beach

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