in Volume 23, Number 12 County BY SUSAN USHER In a Jar.. 23 answer tc a complaint filed is U.S. Dis'HM Court in Wilmington by Pfizer Inc., Brunswick County contends that it has always intended to develop a single county system with all users paying their fair share of the cost. According to the answer, tiie controversy between the county and Pfizer concerns: 1) whether the county water system is one system or two separate systems; and 2) whether Pfizer can refuse to pay what everyone else in the county Beacon Upheld In Suit The Brunswick Beacon's copyright infringement suit against another Shallotte newspaper, The Brunswick Free Press, was upheld in a memorandum and recommendation filed in U.S. District Court in Wilmington last Wednesday. U.S. Magistrate Charles K. McCottcr Jr., who heard oral arguments on motions for summary judgment on behalf of both newspapers Aug. 30, concluded in the Jan. 22 recommendation that: .TK? LVno ...? - * i?c * ict ncaa iuiu iiui outcessfully attacked the underpinnings of the validity of the Beacon's copyright registration and, therefore, the Beacon owns the copyright to the three advertisements cited in the case; a?niBf lhe Krwe Praw* published Beacon advertisements without periiussiuu, the Free 'Vc has engaged in copyright Infringement; The Beacon's metier, for summary judgment as to the issue of liability of copyright infringement be allow ed; The Free Press' motion for summary judgment as to the Beacon's claims other than for copyright infringement be allowed: The Free Press' counterclaims be HIcmictgH "If this action is adopted, only the issue of remedies remains," Magistrate McCotter wrote. The action provides ten days in which parties may file objections to McCotter's findings and recommendations. "The district judge may accept, reject, or modify the recommended decision, receive further evidence, or recommit the matter to the magistrate with instructions," according to the notice received last Thursday by W. Thad Adams 111 of Charlotte, attorney for the Beacon. Sre RECOMMENDATIONS, Page !-A Beao The Brunswick Beacon captured four nvrnrfic inrltidim? fir?t nlars* f - general excellence, in the 1961 newspaper contests sponsored by the North Carolina Press Association. The awards were presented by Gov. Jim Martin Thursday night at the 60tn annual N.C newspaper institute in Chapel Hill. Other uemwi awards were Ui uie newspaper (or its editorial page, first place: to Susan Usher, news editor, and Terry Pope, staff writer, first place for newswfiuiig, and w Terry Pope, second place for editorials Another Brunswick County newspaper. The State Port Pike in Southport. won second place for appearance and design. Richard Nubel, the Pilot's news editor, won third place for editorials This year's ***??*? inru to 11 th# number d N.C Press Association awards won by the Beacon ui the past rauf jrtih The coveted top award for general *ic?)l#nre amana published one* a week was accepted by Eddie Sweatt, editor and publisher. oo behalf d the entire Beacon staff The ccatsis were judged this year i !r nm fr KKII f ^ ist? S3 W,KWWW,^CW Sh( B ! Lonteriu pays for their water on a non- r discriminatory basis. F In its "friendlv" suit filed Dec. 13, n 1984, Pfizer argues that the con- c troversy is over the methodology us- a ed to calculate the water rate charged to Pfizer by the county. j After the county threatened to cut p off its water supply for non-paynisni, t last Dec. 13 Pfizer paid the county r $106,939.76 under protest and sought a a court interpretation of its water s billing. Since July 1983 it had t withheld a portion of each water bill- v ing on the contention that the sum a 8?H v Ml n g JSHB REV. NED EADDY describes for meml dtnal Health Agency board in l.umbcrtt day nigh: die brc=s-ba>ni support r Enterprises' plans to locate a nursing be Board Gi BY SUSAN USHER I A regional health planning hoard I recommended state approval last < week ol Beverly Enterprises s plan 1 to build a 100-bed nursing home ad- i joining the Brunswick Hospital in ; Supply. i " l ne peopie of Brunswick County i have voted," juUlaiit Bev-fly sup- | jjvTtc * Fr I ?raii augscsicu iwiuwilis I the meeting at Cardinal s 1-umDerton office. Around him other Beverly i ?iinw>rtprs chaffed hriuhtlv hugged I each other and shook hands all | around before bearding a chartered bus for Supply. I Before an audience of more than 75 Brunswick County residents, the board of directors of Cardinal Health Agency voted 13 to 2 In favor of Beverly's proposal, with two votes cast for a second company. Autumn Corp. of Rocky Mount, and two abstentions. Board members said afterward that community support for a location adjoining Ihe hospital gave Beverly the edge. Card'nal is the area health planning agency for 15 southeastern North Carolina counties. Its recommendation goes to the N.C. Division of on And S by members of the Kansas Press Association. Here is what the judge of the general excellence category had to say about the Beacon: "General excellence requires achievement in news coverage, writing, photos, editorials, typography, layout and design, creative and interesting advertising and a multitude of other areas. Your paper is not the best in any <*' the above fields : there are better entries in each category. But your paper is the highest in all areas?you are high, d not the highest, m each. it is m gnn newspaper, interesUng lo read, has community oriented featares, snappy photographs, creative advertising, and attractive design " Commenting on the Beacon's judge said: "The Beacon was chosen first because it displayed more of the (|uuuca w> SIC Judged, it !SC US cleanest typography of the finalists by far." The first-place news story written jocnth by Usher and Pope appeared m the issue at the Beacon published while Hurricane Diana was off the coast of Bmsswrck County. i ** *- * ' "? INSWI jliotte, North Carolina. Th c c d Ull lUIC epresented charges associated with "hase 2 and that, under its agreement with the county, it should not be harged for costs other than those ssociatea with Phases 1 and 1-A. The county's answer denies all maor allegations of the Pfizer comilaint, which contends the county ireacneu iis water service agree nent by charging the firm costs ssociated with the Phase 2 expanion of the county water system and iy threatening to cut off the plant's rater supply if Pfizer did not pay its iccount in full. m M|| t>ers of the Car- Brunswick Itosplt >n last Wcdnes- and 85 persons fri icnind Beverly meeting. When 2! ime adjacent to more than half eui ves Nod Tc facility Services, which will make he final decision on otikti of six ;-ompeting firms will receive the ceruieate of need necessary in buiiri a tursfrig home in the county The divi5?0?> hS" ai l"?*t 30 rjgyo ?Q rsvisv" thp applications. After its decision is anlouiKtru, applicants will have an opportunity in WmCu to register appeals 3r protests ot that decision. Cardinal's recommendation upheld that of its evaluation committee a week earlier in Southoort. The panel supported Beverly by a 4-2 vote, rejecting b staff recotiuncndatioh favoring Autumn. Chairman l>ee Pridgen said the board usually agrees with the evaluation committee's recommendation because its members spend more time reviewing the proposals. For nearly three hours Wednesday, directors listened first to the evaluation committee's recommendation for Beverly and a minority report favoring Autumn; then to proponents of the Autumn Corp. and Beverly proposals. In a brief question and answer session afterwards, obviously weary memers questioned factors such as rafters V ? ?i ?? ?ram me rare una wnai a weekly newspaper can match the immediacy of a daily, and rarer still when the weekly takes advantage of a situation to give its readers the optimum in coverage," the contest judge wrote aboul this entry UHVW f, * nil, mmm w ?, LA n Jk&I W _?wf'-a BEACON STAFFERS iacfo<?e. I disc?Eddie Sweat*. editor aad pubii iiifl wrtter; Caratya Sweat*, pubU* Ma. pretsmaa; Ctadj Moerti mJv tatter; aad Sacas Liber, am edit lursday, January 31, 1985 VA/rstar Q\ V f U !WI wj Prizer has askwi the court for a i declaratory judgment that would t limit thp ratoc pharooH it fnr ?a 1111111 llll_ lull?I CDBr^CQ It IU1 HOW.I Vv ( the debt service, operating ana maintenance costs associated with < the Phase 1 and 1-A systems, require i delivery of water to Pfizer from j Phase 1 and 1-A only; and require an i accounting Of methods used bv i the county to determine the water . rates charged to Pfizer. It seeks recovery of any sum due it "as a result of overcharges" by the . county and for damages sustained by what Pfizer alleges was a breach by VRfi - J; /i -3 itAff PHOTO iV SUSAN USHfR al In Supply. A crowd of between 75 om Brunswick County attended the sked to stand. It appeared slightlv pported the Beverly project. - n J.. ? Dt?vt?i iy the firms' proposed ratios of nursing Ntntt to taO, minrtor o4 nursing hours per patient and the cost to be charged to patterns. Director Charles Sons declared a conflict of interest and did not participate in the review. He is administrator of Brunswick Hospital and the only Bruiisvick County representative on the Cardinal board. Autumn Corp. representative Doug Suddreth argued Wednesday that his firm's plan was most cost-effective, as reflected by its lower charges to patients, and said he planned to continue that argument with the state. In his minority report. Evaluation Committee Chairman Wayne Burgess also had said he and fellow dissenting voter Wade Avant considered Autumn's proposal the most cost-effect "and that that was more important than the other two factors" of location and community support. Suddreth said Autumn would advise the state that Beverly was not including all the costs related to construction of its facility in its applicaI See CARDINAL, Page t-A) /in Four F "This account of a 'wobbling' Hurricane Diana, written clearly and thoroughly under intense deadline pressure, stood head and shoulders above other entries in this category. "The account of one of the biggest news stones ever in the area was ; A . Q' nHs w i Irons left, sua rate Galloway, tyj aber; Terry Pepe, rrpreaesUBve; i her. Sam abjci- Jen; Craig, q rrOdag repretea- photo <u nude. ?r. tested?T am ' "r * SONS BOOK BlNB I ^ IsPRINOPORT 25c Per Copy 22 I astern !n1 tie county oi lis contractual cbiiga- ; ions to provide the firm water "in an r iconomical and efficient manner." In turn, the county asks tiie court tu ( inter a judgment declaring that the I ates charged to Pfizer be the same s is the rates charged to other d nistomers of essentially the same s -hameter and receiving the same I service; that Pfizer receive its water, 'as do all other water customers" e ;rom the the unified county water c system, and that Pfizer pay its fair r share for the water. 1 It asks that all costs of the action be PlCC Dj-wtrvl I L/JJ UWai v* i Search For! BY SUSAN USHF.R Interviews to select a new director 1 lor the Brunswick County Dcpmt- ! nent of Social Services will be i scheduled starting Feb. 20, the social < services board decided Monday 1 I light. The department has been without a Full-time, permanent director since Nov. 30, 1983, when the board dismissed Director Jamie Orrock on a charge of sexual harassment. The State Personnel Commission will review Orrock's appeal of that decision Tuesday, Feb. 5, in Raleigh. A hearing officer in the commission office, Barbara Coward, hn? rrrommended that he be reinstated with back pay, vacation leave and other benefits. She said that during two days of testimony last summer the department failed to show that Orrock had sexually harassed former uSS employee Durum Ilinsar. Itivihhorli ? ?Hmoct.,Th? wcUl iarviOM board has entered a protest of that recommendation end asked io be heard further. If the Commission upholds Ms. Coward's recommendation, lis opinion will not be binding upon the social services department, but Orrock has said publicly that he may pursue a binding order through the court system. Three candidates will be invited for interviews on the 2uih, wiiii additional Interviews scheduled as needed, board members said. Attending Monday's meeting were Chairman and Acting Director Betty Varnum, Frankic Rabon and I>ouis "Bobby" n K.. i_ r? r'_: ? i. Drown. mtnuuei oany rruis was unable to attend because of pressing business, one seat is presently vacant, and board attorney Mary Easlcy is il! with the flu. Mrs. Varnuin said 17 of the more than 20 applicants for the post were certified by the state as qualified for the position. Applicants have responded from as far away as Mississippi and "up North," board members indicated 'T055 Av\ wary in its tone, and provided important information about shelters that no doubt came in handy when Diana doubled back," the judge added. The reporting was excellent; the writing was weii-organized, with good use of quotes, according to the IsJI i'?? WO ?? Mi >o<X7*Aii Ksetter; Cfcerji .Stanley, advertising tad Mary Fttb, office o&aatgrr. I i FRV ' I , II fll TM Pages Plus Supplement ?>nfie*r! <W WB m -?iff said by Pfbsr end that Pfizer ecover nothing from ihe county. "From the period 1973 to date, the llitll luia ainaja i/vvji w iio?v OuC i runs wick County Water System, upported by all users, on a nonLiscriminatory basis." states the inswer filed by attorney Roddcy M. igon Jr. for the county. The county denies that rates chargd Pfizer since July 1983 reflect iperating and maintenance costs elating to the Phase 2 water system, lather, it says the rates reflect the (SeeSINGLE, Page2-A) Mnrrnu/Q I I W www rjlror+nr W I I WVI wi It they are not already aware of the legal situation relating to the director's per,* Cwiidi''0'00 ***^11 murio jware of it during the selection process, member and Commissioner Frankte Rabon indicated Monday. Mrs. Easley could not be reached ruesday for comment. FaciUty Review Board members reviewed results of the department's annual state inspection of office space and facilities. The inspection report showed that while rated adequate in most areas, the department does not comply with state standards for work space, training room and adequacy of equipment. "Failure to plan to correct deficiencies could possibly affect federal and state participation in your admimsiruuvc Cvats, advised "oily Lsngston, regional director for the N.C. Department of Human ReaeuMW. in a tetter to the county ooramlsdcocrs. Specifically Sss report recommended a restructuring of the reception area, saying it Is "poorly designed, Inadequate and cresto? congestion." ft said office equipment, spcvuicauy typewriters and tlsc copy machine, is worn out w lr. poor repair. While adequate training room ?p<n t: 13 uui uvauaoiu in UK.' (lepanmcnt Itself, the report noted, the complex. The departmeni does not provide a minimum space of 80 square feet per worker, as recommended by the state. Willie discussing needs of the department, Bobby Brown asked the staff, "What can we do about that switchboard out there," prompting a rash of comments about how overworked the receptionist Is and how overloaded the agency's six incoming telephone lines arc. He and Ration suggested that along with Including plans for meeting stale facility standards In the budget, (See DSS BOARD, Paget-A) rui UO contest judge. The prize-winning editorials written by Pope dealt with action* and antics of the prior board of education in paying 170,871 to get rid of a superintendent of schools and the conduct of one of the board members at meetings. Usher and Pope, both Brunswick County natives and school of Journalism graduates of the University of N.C. at Chape!!iili, returned to their al/na mater Thursday to accept their individual writing awards. Usher Joined the Beacon staff in September 1981 and was promoted to news editor in November IS?, when Pope became a full-time staff writer. Harry Pickett.? Hrurawirfc county native who at one time wrote for The Beacon and other local newspapers, accepted the first place award for sport* coverage in the semi- and trvWW3UJI twrwiVM IMS J-? " Democrat at Boone Pickett u on the sports staff cif that newspaper. Another sward srisner with Brunswick ties is Ljmo Early, who iu a summer Intern ml the State Port Pilot in Southport She met term! place for feature writing In The Tribune at EBuJvJosssvffls. where she u a staffer. A \ .