Local SI BY DOUG BUTTER Local fishermen, suspicious of the ? 153 acres of shellfishing waters last wt Folly River, plan to have the wa themselves. Carson Varnam, a shellfish dealer said Tuesday that local shellfishermen the Brunswick County Fishing Club a are taking donations to pay a biologi areas in the river. "We are going to have some wor sure that what we're being told is the . "If there's anything that's not right, w The shellfishing areas shut down were part of an N.C. Division of Marir clamation which also included 51 acre Intracoastal Waterway near Davis Ci and clam beds lost in Lockwood F< about one-third of the shellfish areas L mi Twenty-sixth Year, Number 4S JUDGE BRUCE BRIGGS visited Lol November's trial in Brunswick County Local Mosqui Will Depend BY RAHN ADAMS Rick Hickman hates mosquitoes with a passion?but then he has to, S'nce he works as Brunswick County's mosquito control supervisor. "The only animal on the face of this Earth that I'd like to see die is the mosquito," Hickman said. "I love to kill them." According to Hickman, the county on the whole was enjoying a relatively mosquito-free season until July when rainy weather turned especially northern sections of the county into breeding grounds for the pests. "The biggest problems we have right now are in Leland, Woodburn and Northwest, but we're getting them under control," the supervisor said last Thursday. He added that most areas north of Bolivia have seen mosquito populations increase over the past couple of months, while southern sections haven't experienced any major problems yet. "The reason for the mosquito proWilli BY RAHN ADAMS Standing on his reputation as a "can do" businessman, Ocean Isle Beach developer Odell Williamson last week began negotiating a merger between opposing factions of the divided Brunswick County Airport Commission. I Minutes after being sworn in as the airport board's newest commissioner last Wednesday, Williamson was elected chairman of the seven member panel. Over the next two hours, he laid the groundwork toward resolving the dispute over the airport's lease?a controversy has embroiled the board since last December when the contract initially was approved. "I hope to be able to keep a unified board," Williamr.:? said after being iellfisherm< open in that river, w state's closing of county's shellfish ha :ek in Lockwood In addition to pr ters tested for shellfishermen reloc ing the "red tide" i in Varnamtown, week include an are and members of has been proposed, t Sunset Harbor 1st to test three Channel Side 500-acre Lockwood k done to make have applied for a truth," he said. allow construction o e will know." A decision on tl last Wednesday pected by Sept. 1, t le Fisheries pro- process not discove s in the Atlantic decision, reek. The oyster John Parker, ir ally represented state Division of C< i t _ _ *1?* : _r ii wnicn naa oeen review ui uie AG & yONy BOOK BINDERY 12/31 BOX 162 siINGPORT MI 49234 BHT Uf 1 ?1988 THE BRUNSWICK BEACON Ian**" B. ^ BEACON FIIE PHOTO t 1-A at Sunset Beach during last t SuDerior Court. I to Problems On Rainfall blem up there is the massive amounts of rain," he said. "I've been here 13 years, and I haven't seen anything like it." In July, northern Brunswick County residents saw approximately 17 inches of rain fall in less than a threeweek period, with six inches of rainfall coming in one day, Hickman said. "I've talked to people near Leland who haven't seen it that wet in 80 years," he added. As far as the coming months are concerned, Hickman said, "It all depends on the weather. If heavy rains don't come until November, we'll be okay. But (if heavy rains come) in September, it (the mosquito problem) will be as bad as last year." He explained that the 33 species of mosquitoes he has identified in Brunswick County are divided into two classes: those that lay eggs in floodwater areas such as marshes and those that lay eggs in standing water. The salt-marsh mosquito is (See MOSQUITO, Page 2-A) amson Tak< elected chairman on a split vote. "I promised you earlier that I don't have an ax to grind with any member." Commissioners John Walters, Harold Hartwig and Lavern Tagge?who have criticized the lease with fixed-base operator Airport Enterprises?supported Williamson's selection as chairman, whilp rnmmiwinnprs RinharH Pan. rad and Burton Myers voted for the board's current vice chairman, Commissioner George Lanier. Conrad, Myers and Lanier have opposed changes in the lease. In two unanimous votes, Tagge was chosen as the board's treasurer, and Hartwig was named secretary. Election of new officers was necessitated last month when former A 3n To Test L hich accounts for 40 percent of the de rvest or ime clam beds and an area where to ated oysters earlier this year dur- M nfestation, the waters closed last th a where construction of a marina cl ar Corporation, developers of the Fi Folly golf and water community, fe major CAMA permit which would je f a 50-slip marina on the river, le permit application had been ex- lo >ut an oversight in the application e? ;red until recently will delay the pi lajor permits coordinator with the ir sastal Management, said Tuesday st application is on hold until the d( /99 M fi Shallotte, North Carolina, Thi Sunset Right-C BY RAHN ADAMS Nine months after testimony was eard, Judge Bruce Briggs ruled last reek that an oceanfront lot at Sunset leach is a public right-of-way for each access and not private propery owned by a local development ompany. ' < f - j { wens Gore While Sunset Beach Taxpayers' \ssociation President Albert Wells called the ruling an affirmation of >ublic rights, Sunset Beach leveloper Ed Gore charged that Jriggs' handling of the case was im- | 1 ?I jruper anu pruiuiscu tu uunuuuc uic egal fight. The case involves the ownership and use of "Lot 1-A," which is located lear the intersection of Main Street and Sunset Boulevard. The lawsuit ivas filed in 1985 by the Sunset Beach raxpayers' Association (SBTA) against Gore's firm, Sunset Beach and Twin Lakes, Inc. Paine ( BY SUSAN USHER A former Shallotte physician convicted in June of 76 counts of Medicare, Medicaid and mail fraud was sentenced Monday to three years in federal prison, followed by five years of supervised probation. During the sentencing hearing in U.S. Federal Court in Raleigh, Judge W. Earl Britt also ordered as a term of probation that Dr. Karen N. Paine pay restitution and special assessments totaling $10,770. Paine, in her early 40s, was originally indicted on 89 counts of fraud last Oct. 13 by a federal grand es Lead In chairman Johnny Vereen was not reappointed to the commission and former secretary Albert Parker Jr. resigned. Walters stepped down from the treasurer's post last Wednesday without explanation. Last month, the Town of Long Beach appointed Tagge as Vereen's replacement. Brunswick County Commissioners named Williamson, who also is manager of the Ocean Isle Beach Airport, to replace Parker two weeks ago. Other county appointees include Conrad, Hartwig and Myers. Walters represents Southport, and Lanier represents Boiling Spring Lakes. The airport commission has until Aug. 29 to take action on its lease with Airport Enterprises or else face being declared ineligible for future ockwood F< ivelopers submit a sewage treatment pi; nitted in the original application. That p be reviewed by the state Division of Ei anagement before Coastal Managemen e permit application, he said. Shellfishermen have opposed the ma aiming that it will cause the closure of id clam beds in the river. The state Divis isheries, however, is the only one of deral agencies to offer comments oppc ct. "In my personal opinion, I think politi t of it," said Annie Smigiel of Varn; irlier campaigned for a public hearing c roject. "I don't think it's as polluted as tl Varnam also said politics may have i the decision to close the waters. He said xange that the waters were closed she ecision was expected on the marina per jrsday, August 25, 1988 Beach L 1 A # I /r-vvoy, j "There's no end in si years as to what the < Testimony in the non-jury trial was leard by Briggs last November in 1 Brunswick County Superior Court. ' Durham attorney James Maxwell represented the SBTA and individual plaintiffs Wells, Charles L. Smith, Whaley P. Hunt and Frank M. Nesmith. Roy Trest of Shallotte represented Sunset Beach and Twin Lakes, Inc. "The rights of the public have been affirmed, and Sunset Beach will in the future be a better place," Wells told the Beacon in a brief prepared statement Monday. "I believe the public interest has been served." Trest, of course, disagreed with the SBTA's viewpoint. "This is simply a matter where a group of individuals has tried to usurp private property and to counteract an official action of a municipal government," the attorney said Monday, noting that Sunset Beach Town Council "re jected" the use of Lot 1-A as a public street in 1970. RESTITUTION 3efs Threejury in Fayetteville. Eleven of those counts were dismissed during the trial in June in Wilmington. The three-year active sentence handed down by Britt Monday was for the first count of Paine's 76-count conviction only. The supervised probation was the sentence for the remainding 75 counts, which were consolidated for judgement. Based on commentary during the sentencing hearing Monday, Michael Carpenter, special deputy attorney general for the N.C. Medicaid Investigations Unit, said Paine is exDected to serve at least one vear of Mediating t federal funding. The Federal Aviation Administration completed a review of the lease in May and indicated that the commission was leasing too much land to Airport Enterprises. Federal law requires that sufficient space be left available for more than one fixedbase operator. While Williamson said he wasn't prepared to vote on changes in the lease at last week's meeting, he stated that the contract must be revised. "I will say that there are certain things in there that need to be renegotiated," he said, adding that the amount of land leased to Airport Enterprises wasn't his only concern. The new chairman said he wanted a "quiet, happy relationship" with (See AIRPORT, Page 10-A) oily For Polli an which was Depending on the re; dan will have the donated monies may nvironmental to fight the closures. He t can rule on areas where the testing conduct the tests, but irina project, available in about a wee more oyster lion of Marine In the meantime, he 14 state and taken the closure very h >sing the pro- namtown is the worst 1 dealer, even worse than cs is behind a shellfish beds earlier thi amtown, who Mrs. Smigiel at >n the marina shellfishermen she has s hey say it is." ly supportive of the testi played a part "I don't believe thi it seems very claim it is and we want t >rtly before a said. "The people are r< mit. they're really ready to g 25c Per Copy ot Is Pub ludge Ru fa ght for many us > outcome will be." ? p; ?Ed Gore is Sunset Beach Developer H ly Si Trest added that he intended to file . Legal motions this week asking for a .' new trial due to procedural questions about Briggs' handling of the case. U| Trest would not reveal the details of his planned motions. Gore said Monday that if the mo- * tions are dismissed, Trest will appeal Briggs' decision to the N.C. Court of J Appeals. "There's no end in sight for many years as to what the outcome B will be," Gore said, adding that he ? would continue appealing the case all the way to the U.S. Supreme Court, if 0 necessary. e' Gore said the market value of the undeveloped lot is approximately p $500,000. He noted that his plans to w someday build a resort hotel on or ad- ^ jacent to the property have not changed. Sunset Beach Mayor Mason c Barber, who also is a member and ? former president of the taxpayers' 1 association, said Monday that if the w case finally is resolved in the SBTA's I ORDERED Year Active the three-year sentence before she fi would become eligible for parole. IV In addition to the usual terms, Britt IV specifically ordered that while under F probation Paine is: $ Neither to consume any controlled E substance nor have such substances in her possession; $ To submit to urinalysis testing at t any time; Consent to search of her person or s premises without a warrant; I To submit to substance abuse r counseling; Pay $7,470.82 in restitition under f the supervision of her probation of Airport Disp / vi i ; \?& W* 3 it Y OCEAN ISLE BEACH DEVELOPER 0 Wednesday night as the newest memb rnmnileclnn hir MoflJotroIft Mfirinti 14111: vuuiuiuaiuu MJ iTiugiJiiuii/ I?JIH? ?vu *??? elected chairman of the seven-membei \! jtion suits of the tests, Varnam said also be used to hire an attorney refused to disclose the specific would be done or who would said the results should be k. said local shellfishermen have ard. He said the mood in Vartie has seen in 30 years as a when the "red tide" shut down o /cai. ided, however, that the poken with on the river are filling. is river's as polluted as they o find out once and for all," she jally angry, they're upset, and ;et behind this and clean it up." 36 Pages lie les vor, uie lot wouia De considered tor >e as a parking area. According to the town's beach ac?ss plan, an estimated 450 to 600 irking spaces will be needed on the land by the year 2000, Barber said, e estimated that Lot 1-A could suppat least 150 of those spaces. But Gore, who also serves as a inset Beach town councilman, said ; would fight any effort to use the lot ir parking, if Briggs' ruling is pheld. "If ultimately we (Sunset Beach nd Twin Lakes) cannot prevail, it Lot 1-A) will not be parking; it will >e a street," Gore sakl. "If it's a itreet, the street will be going hrough property that Sunset Beach ind Twin Lakes owns, as well as ther legal entities." He contended hat property owners with frontage n the street would have to be allowd access to it at any point. The SBTA's suit claimed that the ublic has the right to use the lot, hich Gore's father platted in 1955 nd 1958 as an extension of Sunset oulevard to the Atlantic Ocean. In 170, Gore reclaimed the lot after the iwn council Dassed a resolution hich purportedly allowed dedicaon of the right-of-way to be ithdrawn. (See JUDGE, Page 2-A) 1 Term cer as follows: $3,843.52 to the ledicare program; $3,564.30 to the ledicaid prograjn; $876 to the 'rudential Life Insurance Co.; and 187 to the N.C. Crippled Children's 'rogram. She must also pay $50 per count, or 3,300, on the 66 counts dating later han November 1984. Each count had a maximum entence of five years in prison. Mnes could have totaled nearly $2 nillion. In lengthy sentencing memoranda iled last week, the defense requested (See PAINE, Page 2-A) ute m STAFF PHOTO BY RAHN ADAMS dell Williamson (left) is sworn in last er of the Brunswick County Airport iard, minutes before Williamson was - board. 1'