Newspapers / The Brunswick Beacon (Shallotte, … / Aug. 24, 1989, edition 1 / Page 1
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Looking Good! West Brunswick's Trojans square off against the North Myrtle Beach Chiefs at home Friday. For game details and a season preview, see Pages 10-B and 11-B. A Clean Sweep Volunteers can sign up now for The Big Sweep *89 on Sept. 23, when teams will sweep litter from local beaches. Pick a beach, then find the local coordinator's phone number on Page 9-C. A Year Already ? Join Vamamtown for its Aug. 26-Sept. 3 Founder's Day Celebration. Activities include bidding for a chance to "dunk" Mayor Tracie Varnum. See Page 9-A. IHEBRL ^BEACON Tweniy-seventh Year, Number 42 brunswick beacon Shallotte, North Carolina, Thursday, August 24, 1989 25 g Per Copy 32 Pages, 3 Sections ittwgHBBrfY I ? ^esmssing ! POTCJDT\ Mb /? STAff PHOTO rr DOUG KUTTH THIS GUARDHOUSE STANDS at the entrance to Holden Beach West, closing Ocean View Boulevard West to public traffic through the private subdivision on the western end of Holden Beach. The N.C. Court of Appeals ruled last week that the public cannot use the private road for access to Shallctte Inlet. IN HOLDEN BEACH WEST CASE Court: Access Should Not Come At Private Property Owners' Expense BY RAHN ADAMS The public has a right to use and enjoy North Carolina's beaches. The public does not have a right of access to those beaches at the expense of private property owners. That, basically, is how N.C. Court of Appeals Judge Sidney Eagles closes his 13-page written opinion in the four-year-old lawsuit over whether Ocean View Boule vard West at Holder. Bcsch is pub lic or private. In a unanimous decision issued last week, the three-judge panel a ffirmed a Brunswick County Super ior Court ruling that the road is pri vate, despite the contentions of a local citizens group and the N.C. Department of Natural Resources and Community Development to the contrary. "We're disappointed that the Court of Appeals did not use this opportunity to protect the public right to access to Shallotte Inlet on the western end of Holden Beach," Durham attorney James Maxwell said last Wednesday. Maxwell rep resents Concerned Citizens of BrunswicK county taxpayers Asso ciation. Assistant Attorney General Allen Jcmigan's statement to the Beacon in a separate telephone interview last Wednesday was almost identi cal to Maxwell's comment. Also, both attorneys indicated that the N.C. Supreme Court probably will be petitioned to review the Holden Beach West case. According to Jemigan, the plaintiffs have until Sept. 20 to decide on seeking that icvicw. The lawsuit, initially filed in 1985, hinges on whether or not the public acquired a "prescriptive easement" over the seven-tenths of a mile from the subdivision entran cc to the far western end of the is land, through ? in legalesc ? a con tinuous and uninterrupted use of a definite and specific line of travel for at least a 20-year period. Also at issue is whether or not the road was dedicated by the developer for public use and accept ed by the public. The plaintiffs maintain that the road was pre sumed to be public bccause it was not marked as private or. subdivi sion plats filed in 1963 and 1974, and because subdivision residents receive municipal services via the ro?d without special assessments. After hearing the case in Novem ber 1987, Superior Court Judge Bruce Briggs said a prescriptive easement does not exist, because the subdivision developers ? Hol den Beach Realty and later Holden Beach Enterprises, the current de veloper and defendant in the case ? have interrupted public use since 1963 by blocking the road with various types of barriers: a telephone pole, a cable, a gate and finally the guardhouse that now stands. On the "line of travel" issue, Briggs said in open court, "It would appear they drove anywhere they needed to go." Certain witnesses for both the plaintiffs and defendant had testified that several pathways used to exist on the subdivision property, with the defendant's wit nesses claiming that none of the pathways was permanent. Briggs also said he could not find that the road had been dedicated to public use and accepted. He also ? Jr ? ? - j .L-. TT-14 ? r? , ? u UlUlUltUJ UUU UUIUWII UU1VII Tf V/Ol residents are owed the same ser vices provided other Holden Beach citizens, by virtue of the ad valorem taxes that the subdivision property owners pay. Eagles opens his written opinion by pointing out the conflicting nature of evidence in the case. "Initially, we note that when the trial court is the fact-finder, its find ings of fact are conclusive on appeal if supported by any compe tent evidence, even though there is evidence which might support a contrary finding," the judge writes. Later, he notes, "On the issue of whether there existed through defendant's property a single line of travel whose use was continuous and uninterrupted, the evidence is conflicting...The evidence here per mits but does not compel the find ings of fact and conclusions of law drawn by the trial court...We hold that there is competent evidence to support the trial court's findings...." Eagles goes on to say that the evidence "is undisputed that the Town of Holden Beach took no action expressly accepting any offer of dedication" related to the afore mentioned subdivision plats. He adds that the presence of municipal sci vices in Hoiaen Beach west docs not constitute an "implied accep tance" of the purported road dedica tion. In oral arguments before the appellate court in May, Jemigan emphasized the "public trust doc trine," which says the state must protect the public's right to "reason able access" to the shoreline. The opinion filed last week con cludes, "We are not persuaded that we should extend the public trust doctrine to deprive individual prop Vilj unnvia ui awmv \ja uivu property rights without compensa tion... Rather, we believe that the doctrine should be used to shield those properties in the public trust from unlawful use." Calabash, Carolina Shores , Vote To Become One Town BY DOUG RUTTER The Town of Calabash will grow by approximately 1,000 people and 875 acres in another week. Residents of the once small fish ing village and those of the neigh boring golf course community of Carolina Shores both voted in favor of consolidation in a special election Tuesday. By mutual con sent, the two areas will become one municipality Aug. 31. The measure squeaked by in Calabash with a six vote edge; Carolina Shores voters approved ?h#? m#?ro/?r hv a maroin nf h^ffpr ,,,v ? ov* ? c ? ? ? - ? ill ail 3 ID 1. Calabash voted 42 to 36 in favor of consolidation. The vote at Caro lina Shores was more one-sided with 458 voting for the merger and 142 opposing it. The results of the election will not become official until the vote is canvassed today (Thursday). Voter turnout Tuesday was between 60 percent and 65 percent in both areas. In Calabash, 78 of the town's 129 registered voters cast ballots. Six hundred of the 916 reg istered voters in Carolina Shores turned out for the election. Calabash Mayor Doug Simmons said following the election that he was glad it went the way it did. "1 figured it would be close," he said. Robert Cook, president of the Carolina Shores Property Owners Association, said he was "sur prised" and "pleased" by the posi tive vote in Calabash. "Despite all of the rumblings that there might have been, I think the two areas can get together," said Cook. "We're looking forward to really making it work." The present Calabash Town Council will continue to run the enlarged town through November. In the Nov. 7 election, five residents from Carolina Shores and two Cala bash residents will be elected to the board of commissioners. The mayor will be elected at large. "I hope they just don't take the bull by the horns and take off with him." ? Doug Simmons Mayor of Calabash An emergency filing period is scheduled Aug. 25 through Sept. 3 for persons who want to run for office this fall. Residents can file at the county elections office in Bolivia. The fee is S5. Mayor Simmons he. hopes die leaders elected from Carolina Shores will be fair to all town resi dents. "I 'nope they just don't take the bull by the horns and take off with him," he said. In the meantime, he said the pre sent town council will "take matters as they come." They will serve until new board members arc sworn in at the first meeting in December. Simmons said it may be "tough going" for a while using the town's $150,000 budget to support the entire area. He said he hopes the Carolina Shores POA will continue some of its maintenance functions until the town boosts its revenues. During a special meeting last Thursday in Calabash Town Hall, most of the 20 town residents in attendance said they favored the merger as a means of improving the town. Mayor Simmons also said he liked the plan because he thought it would help Calabash grow. He admitted, however, that it held more benefits for Carolina Shores than for his town. "The Town of Calabash is just about over a barrel now." he. said "We have to take a chance ? Columbus did." Councilman John High was the only board member who had voted against sending the merger proposal to a referendum. He said again last week that he opposed the 5-to-2 split set up for the town board of the consolidated area. "That's like giving the town away," he said. High proposed do ing away with the two districts and having all officers clcctcd at large. But residents pointed out that Calabash might not have any repre sentation without districts. Both Simmons and High said they thought State Rep. David Rcdwine was trying to gain Repub lican votes from Carolina Shores by supporting the 5-to-2 split on the board. The mayor said Redwinc was "courting" Carolina Shores res iuenis. High accused him of "play ing favorites." On Monday, Redwinc denied that politics played any part in setting up the proposed charter. He said it's the "law of the land" that represen tation is based on population. Caro lina Shores has close to 1,000 resi dents; Calabash has about 200. At least two letters regarding Tuesday's vote were circulated last week and made their way into both communities. Jon and Dolores San bom of Carolina Shores wrote one promoting consolidation as "essen tia! to the future of Carolina Shores." Carolina Shores resident Warren "Bud" Knapp passed out another leaflet after last week's meeting in Calabash. It listed five reasons to vote against consolidation. This week's election ended months of talk in the two areas but will likely create more. The merger plan came from a committee orga nized at the request of elected state officials to work out conflicts be tween the two areas. A bill introduced in March would have allowed Carolina Shores resi dents to vote on the incorporation of their subdivision as a separate municipality. But that plan drew opposition from Calabash officials. TTiiey argued that another town so close to Calabash would hurt the growth of both areas. Major Electronics Firm Announces Plans To Locate In Industrial Park BY KAHN ADAMS A Raleigh-basea electronics company billed as "the world's lar gest dedicated developer and manu facturer of uninterruptible power supply products" announced Tues day that it plans to build a new plant in Lcland Industrial Park. The company expects to bring at least 100 new jobs to Brunswick County. The announcement was made Tuesday afternoon in Bolivia at a joint press conference held by C vl^n C I o DrAOul^nf lomAo uiwuuiiiwu * ? wiuwut A. Risher, N.C. Business and Indus try Development Division Director Alvah Ward, Brunswick County Resources Development Commis sion Director Michael de Shcrbinin and Brunswick County Commission r? i.:, n?u?M v^iuutiiiaii & ituuuv *\Muv>t> Company officials indicated that the initial development phase calls for construction of a 100,000 square-foot manufacturing plant on a 20-acre site fronting U.S. 74-76 in the industrial park. Work on the $5 million facility is expect to begin in December. The plant should be in full production sometime next year. The expansion will be funded through industrial revenue bonds, Risher said. The company's head quarters und primary manufacturing facilities arc located in Raleigh. A secondary manufacturing and as sembly plant is located in Ontario, Canada. After the press conference, de Sherbinin sdid ti?c pli.nl site is bcin^ bought by '?*? Rmnswick Countv Economic Development Corpor ation (BCEDC) and will be given to Exide Electronics as an "induce ment" to locale here. He said that sort of arrangement is "quite com mon today on things as large as this." The BCEDC will pay for the land with a $300,000 allocation unani mously approved Monday night by county commissioners. The aclror. followed a one-hour, 45-minute ex ecutive session called by Commis sioner Grace Beaslcy to discuss, in part, "industrial location and expan sion." The funds will come from the county's operating reserve account. (See FIRM, Page 2-A) Board Asks For Time To Consider School Request BY RAHN ADAMS County school officials should find out in about two weeks how re ceptive Brunswick County Com missioners really were Monday to a revised funding proposal for a new elementary school at Supply. The plan, which was approved by the Brunswick County Board of Education last week, was presented to commissioners Monday night by school board member Bob Slockett and Wilmington architects Charles Boney Sr. and Charles Boney Jr. All five commissioners were pre sent. School board members Doug Baxley, James Clemmons and Don na Baxter, Superintendent John Kaufhold and Assistant Superinten dent William Turner also were on hand. The funding proposal involves the county and school system split ting the cost of the $5.5 million school construction project. Slock cu said the plan would require a 5.2-cent property tax rate increase in the 1990-91 fiscal year and a 2.6 ccnt rate hike the following year. Commissioners had little to say about the proposal Monday; howev er, Chairman Frankic Rabon indi cated that the board would act on the matter at its next meeting, which will be held Sept 5, due to the Labor Day holiday. "I feel like the board needs a little time to consider this recommenda tion you've presented to us," Rabon said. He later added that the county board answers to all Brunswick County citizens about tax increases, and "it's just not as simple as stating to a small group like this that it's just a 5.2-ccnt lax increase." Grace Beasley, the only other commissioner to comment specifi cally on the proposal Monday, said the issue isn't whether or not to build a new school; the "bottom line" is finding a viable funding method. She also pointed out that the county currently is struggling to find funds for several other capita! projects. School officials took the commis sioners' cautious reception of the proposal in stride. "We're not trying to stampede you into doing some thing you're not comfortable with," said school board Chairman Baxlcy. Also, in response to Rabon's remark about needing more time to review the plan, Slockctt said, "That sounds reasonable to me." The two boards have been at odds over funding tor the new school since county budget meet ings in May and June, when com missioners rejected school board requests for money to construct the facility through both two- and three year funding schedules. At a joint meeting in July, com missioners offered to call for a bond referendum on the project. How ever, school officials later said they did not favor a referendum, espe cially if the school issue were to be on the same ballot as the county's ABC referendum in November. Slockcu told commissioners Monday that a referendum was "last on our list" of funding alternatives. At current projections, the new elementary school is expected to serve approximately 650 students, (See BOARD, Page 2-A) I tJV' STAFF PHOTO BY HAHN ADAMS SCHOOL BOARD ARCHITECTS Charles Boney Sr. (standing, left) and Charles Boney Jr. (standing right) show county officials the school board's latest proposal to fund construction of a new elemen tary school at Supply.
The Brunswick Beacon (Shallotte, N.C.)
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Aug. 24, 1989, edition 1
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