THE VIOffeRACON Twenty-fifth Year. Number 38 .ursday. July 30. 1987 25c Per Copy 34 Pages Heavy Smoke Sparks Opposition To Burning SAN USHER with SOrinnt intiirioc A!«n nn in. ir. . » . . . . . BY SUSAN USHER A lingering blanket of smoke from controlled burning pushed some Brunswick County residents to their limit of tolerance last Wednesday, and into action. Wednesday was the day state of ficials measured a 5,000-foot column of smoke and stagnant air over much of western Brunswick County. That was also the day angr>' people from Calabash to Ash and Winnabow set telephones ringing in Bolivia, Raleigh, Atlanta, Ga., and Washington. D.C. in an effort to gel rid of the smoke and the fires that caused it. Their immediate goal: to get Brmuswick County back on the N.C. Division of Forest Hcsources’ list of “high hazard counties.” so that some t>T)es of large-scale controlled burn ing hero run be more strictly regulated by the state. While grass-roots opposition to con trolled burning and air poiiuiion is forming through a group called Citizens Against Toxic .”henanigans (CATS), changing weather condi tions were expected to bring some short-term breathing relief by mid week. Iasi Wednesday afternoon, the N.C. Division of Forest Resources announced that major paper com panies in the area had agreed to start no new fires in Brunswick. Pender. Columbus and New Hanover counties until conditions improve. County forest rangers arc also asking local Areas from Wilmington to Calabash are experiencing limited visibility on highways, with heavy smoke blamed for a three-car crash Sunday morning west of Shallotte that sent two people to the hospital with serious injuries. Also, an in creased munber of residents have re quired medical attention for breathing problems. Arrording to ihe N.C. Division of Forest Resources, the smoke pro blem is caused by controlled burning initiated in past weeks combining with a large stable air mass over the eastern part of the state. Smoldering organic matter is adding to the pro blem. “It’s not an increase in smoke, but a decrease in the amount of smoke the atmosphere can handle,” Assis tant Regional Forester David Jar man told attendees at CATS’ Monday meeting. While designation as a “high hazard" county wouldn’t solve all the group’s problems, he said, it would help. Wednesday’s rash of calls promp ted one state employee to tell to a Beacon newswriter, “I’ve talked to every resident of Brunswick County today.” The continuing smoke has promp ted some residents to organize their opposition. About 50 people—some of them fnistrated with response's to their earlier calls—attended a meeting Monday afternoon at Shallotte Town Hall to support the ef forts of the new environmental group, CATS. The group’s aim is to work for a pollution-free environ ment, said Duane and Ginger Smith, two of its organizers. Many of those at the meeting also plan to attend the 10 a.m. Monday meeting of the Brunswick County Board of Commissioners. They want commissioners to ask Rep. E. David Redwine to introduce legislation to pul Brunswick County back on the N.C. Division of Forest Resources’ list of “liigh hazard” counties. Redwine said he is amenable to putting the county on the list, but since it was taken off the list at a t)oard of commissioners' request, he would like this l>oard’s recommenda tion before acting. The county was taken off the list in 1982 by local legislation at the re quest of the county commissioners and the county’s legislators. Rep. Tom B. Rabon Jr. and Sen. R.C. Soles Jr. “We need to get back in high he»2..ard.“ Holden Beach businessman Jimmy Hobbs said last week in a series of calls to public officials and the local press. He continued. “I know real estate developers and the paper companies need to burn, but they didn’t have to pick this time of year. iiavc .some tourists,” he added. "Some of them are threatening to pack up and leave. They can't go out of their house." Controlled burning isn’t a new practice in the county. It is routinely used by farmers to clear fields, developers to clear acreage and timber companies to prepare land for new planting and for wildfire preven tion in tree plantations. In non high-hazard counties a burn ing permit is required for any burn ing in or within 500 feet of a wooded area between midnight and -1 p.m. .\ ground-clearing permit is needed for tracts of more than five contiguous acres. The law doesn’t apply to cer- Uiin contained fires within 100 feet of a dwelling. Permits can be canceled and all open burning prohibited dur ing periods of “hazardous forest fire conditions or air pollution episodes. ’ In this instance, the problem was too localized for the National Weather Service to declare an episode. However. Bob Jamieson, manager of the Department of Natural Resources and Community Develop ment’s Wilmington office, said Mon day neither the declaration or an air quality study now underway should have been necessary to respond to the problem. He apologized for what he said was a too-slow response by the state. High Hazard Status In the state’s 18 high hazard coun ties, Jarman said, the rules for open burning are stricter. A permit is required to bum in or within 500 feet of a wooded area regardless of the time of day the fire is started. And a special permit is re- quu eu to uUi ii debris, SturTipS, bnish or other groimd-clearing materials on five or more contiguous acres, when the material is placed in piles or windrows, regardless of the prox imity to woodlands. Six criteria must be met for groundlearing bums. Prevailing winds must be away from populated areas, the amount of material to be UUI lieu iiluai iiiitiiiiix&eu, ibe lOCa- tion at least 1.000 feet from any dwell- .•6 or structure in a “predominately SIGNS WARNING MOTORISTS 17 south of Shallotte. 'Ll STAIf PHOtOST PO^I residential area” unless the residents permission is obtained, and no burning can be started when stag nant air conditions or inversions ex ist. Heavy oils, asphaltic materials and items containing natural or syn thetic rubbers—such as old tires—can’t be used to ignite the fire or speed up the burning. The hours for such bums are also restricted. However, the practice used by most timber companies and operations is “flat burning,” with no piling of debris. It is exempted from the regulations. Paper companies voluntarily comply with limits on when they are allowed to burn. Car of the smoke were placed on area highways last week. This sign is on U.S forestrj' office in Whiteville said he is (See HEAX'T, Page2-A) Clerk Of Court Takes Time Off With Pay CLERK OF COURT GREG BELLAMY announces plans to take a “leave of absence” pending trial on a SI AH PHOTO bv SUSAN USHIB Charge of cocaine possession. At right is his local at torney, Rov Trest. Holden Beach West End Suit Gets Nov. 9 Court Date BY SUSAN USHER Brunswick County Clerk of Court Greg Bellamy announced last Wednesday morning that he is taking an immediate paid "leave of absence” while awaiting trial on a charge of felonious cocaine posses sion. He also said he will plead not guilty to the charge. Reading from a prepared state ment at a press conference in the county law librar>*, Bellamy told those present he intends to serv’c out his term, but added, i feel it would be inappropriate to attempt to con tinue to perform the duties of my of fice while this allegation is hanging over me.” Bellamy. 38. is ser\*ing his third term as clerk, a post in which he earns about $34,500 annually. His term expires In December 1990. He was indicted July 20 by a Brunswick County Grand Jur>' for alleged possession on Oct. 24,1985, of between one and 28 grams of cocaine. He reminded the audience that he is innocent until proven guilty and told media their handling of the allega tion agaiiLst him "will determine whether that presumption is still- valid in American society today.” He said he will exercise his rights to face his accusers in court and to be tried by jury. In his statement, Bellamy also noted that the charge against him does not •allege any misconduct in the performance of my duties as ’7 fee/ if would be inappropriate to attempt to continue to perform fhe dufies of my oHice while this allegation is hanging over me." — GREG BELIAMY Clerk of Court clerk of Superior Court. The truth of the matter is there has not been any misconduct on my part as the clerk of court of this county.” Question Of Wording Bellamy announced he was taking a "leave of absence.” However, the director of the Administrative Office of the Courts. Franklin E. Freeman Jr., said the term is inaccurate. "I understand he chose to use the term leave of absence,’ ” said Freeman. "Technically a clerk can't take a leave of absence unless he ap plies to the governor and the gover nor grants it-and then it is without pay.” he added. " inat has not been done, to my knowledge.” Such applications are usually chan neled through Freeman's office. Bellamy’s local attorney, Roy rrcsl. could not \>e reached for com ment. Like other public officials, the of fice is Bellamy’s unless he resigns, dies or is removed, Freeman said. And while in office. Bellamy remains responsible for the office and the ac tions of its employees. "In effect,” continued Freeman, "it’s like taking a paid vacation. When clerks go on vacation, they are still responsible for the office and have all the powers and duties of that office and draw their pay. They can’t be deprived of their pay.” Bellamy said Chief Assistant Clerk Diana Morgan will perform the duties of clerk in his absence and ad ded that the allegation against him would ‘’in no way adversely affect the operation of the clerk’s office.” By law, an assistant clerk is authorized to perform all the duties of the office of clerk, said Freeman, however, the clerk remains responsi ble for the actions of his assistants and deputies. On the advice of his local attorney, Roy Trest. Bellamy said he would not answer questions about the case. He strayed from his prepared remarks only once, to add, "My experience in politics has taught me that you don’t argue with people who buy their ink by the barrel.” Citing the state bar associations' rules of conduct, Trest said he couldn't comment on the merits of the case or evidence or lack of it. He did say Bellamy’s ’leave” is expected to continue until at least .\ug. 10, when the next session of Superior Court starts. At that time pleas and/or initial motions would probably be heard at an arraign ment. Trial could be scheduled then or at a later session, in October. A new court dale lias tentatively been .set for the lawsuit aimed at keeping the west end of Holden Beach open to the public. The case is expected to be heard during the Nov. 9 session of Brunswick County Superior Court, said Raymond Cope, chairman oi the Concerned Citizens of Brunswick County Taxpayers. The lawsuit, filed in 1985 by Cope, (olden Beach resident Royal ^illiaiiLs am) the Concerned Citizens roup, was in response to the closing of the west end of Holden Beach to non-property owners in 1985. Public access to the west end was closed by Jim Griffin, principal partner of Holden Beach Really and Holden Beach Enterprises, which at that time owned the west end tract. 'iiu ciiac, OI igiua’ily scheduled for privately e June 29, was postponed. In April, a Brunswick County Superior Court judge approved a motion by the slate to intervene in the west end suit. The motion asks that Ocean Boulevard West be declared a public riph)-nf-way_ based on the argi.ment of prescriptive casement. Griffin has repeatedly stated that his company had for several years prior to closing the road used signs and barricades of various kinds to in form the public that the property was -Cd. The were repeatedly torn down. Griffin elaiins. Twenty-five people were arre.stcd in 1985 for Irospa.ssing after they lield a denionstralioii at the west end to protest the closing of the road. Chamber Office To Be Rededicated Newly-renovated South Brunswick Chamber of Commerce offices, at the intersection of U.S. 17 and N.C. 130 West, will be rededicalcd at 6 p.m. to day ( Thursday i with a ribbon-cutting ceremony. fAti'nc county commissioners and chamber officers will officiate. A second floor has been added to the original chamber office that was completed in 1979, more than doubl ing the heated .space from 1,100 square feet to 2.-160 square feet. The expanded facilities include a large meeting room, two additional offices, and a handicapped restroom. The South Brunswick Islands Board of Realtors and the South Brunswick Islands Home Builders A.s.sociaiiuii will lease .small oBices m the building. The home builders group spearheaded the expaii- sion/renovalion project, with its members and chamber members providing supplies and .services. Also, Brunswick Technical Col lege’s Small Business Center Direc tor Velva Hall will provide help to business owners through the chamber office one day a week. The building now has an expanded parking area to accomodate vaca tioners and group meeting needs. During the renovation, the chamber office was housed in the Promenade Office Park, in space donated by Karl Millikcn Jr.