Page 2-A?THF BRUNSWICK BEACOP u.-l. t . ti i 11 "fik ^ jfi SJf 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 land. "There's never been a question, 110 nothing, up to this point," Gore said. Town Manager Martin said the County Dei AAeares Sei Itv SUSAN USHER 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 county. 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, 1984 Carolina Sho Property Owr 15V SUSAN t 'SHKH 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 A ?l 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 p nder Orandti area fell under the "grandfather clause" since the businesses were there before the town adopted zoning laws. "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 lersOnTowri 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 lion." 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 B1,nds fTwr? juitit nnunix | 842-6665 or 842-3530 ? mJr lWMWUwJ? fc wwwfik SIAfT PHOTOSSY SKI McOOWAN >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 THE MAN A : Brunswii i 1 1 u ,J ursiuci tvishes t . I * (firil o??r?* ci ? f 9 lO ai'i' frtc m ?m/ int who gave so fre duriniz the h v>? Bern use of y 11 cas truly a Sunset Col Hearings C BY BILL McGOWAN 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 hall 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 vveeK Ahead 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 period 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 year. Also for the period. Canadv recorded 89 inch of rain in his gauge at Shallotte Point 1 GKMKNTOF 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 shown. 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 approval. 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 owners. 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 Dune 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 ^ li ??jjj Kebaire Adl I sn. | wean i * 4 jblic 1 hanges 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 following: 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. I THE BRUNSWICK*BEACON I Established Nov. 1. 1962 I Telephone 754-6890 Published Every Thursday At Main Street Shallotte. N C. 28459 SUBSCRIPTION RATES IN BRUNSWICK COUNTY Onp Yf*nr Six Months $3.14 I; (IStWHlRE IN NORTH CAROLINA One Year $7 32 Six Months $4 1 8 ELSEWHERE IN U.S.A. One Year $10.00 Six Months $6.00 Second class postage paid at the Post Office in Shallotte. N C 28459 USPS 777 780 Construction i N?Aem?Mliili Experience j I [ H%* l ii i W I m i ** ' > I Remodeling IHions -2211 sie Beach >

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