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
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