Wrongful Death Suit Settled (Continued From Page 1-A) contrary to a federal law that pro hibits a truckcr from driving more than eight hours at a time. Leisure had been on his way from New England to Charleston, S C. Also, said Fuller, Leisure was supposed to wear eyeglasses while driving, but no glasses were found at the scene of the accident. Leisure was found not guilty on a charge of wrongful death in Bruns wick County criminal court, on the defense that the van's brakes were faulty. However, North American Van Lines lost the right to that defense in the civil action filed in 1987. An en try of default was ordered when the Fort Wayne, Ind. -based company failed repeatedly to produce materi als requested by the plaintifTs during the pre-trial discovery process. The entry of default was upheld by the N.C. Court of Appeals and discretionary review was denied by the N.C. Supreme Court. Default, said Fuller, meant the defendant would be going into court with the equivalent of a guilty plea. "We were ready to go to court; the clock had run out. Their appeals had not worked," he said. "I don't mind settling because my clients arc happy." Survivors (Continued From Page 1-A) ed to cramp. The temperature was in the lower 40s. "The captain said, 'What's that floating?' The first thing in my mind was sharks," Lipp said. The fishing buoy had been tied to the rail of the boat. Part of the rail was still tied to the buoy when it floated over to the men. "That was a miracle," Lipp said. "That was a gift from God. They were tied down to the handrails. I just can't imagine how it got free." Ihe large payload the boat was hauling when it went down might have been what kept sharks away from the men, they speculated. When the three men were lifted up into the helicopter, Hannaford and some of the other guardsmen wrapped them in blankets and trans ported them to New Hanover Re gional Medical Center in Wilming ton. The guardsmen tore the patches off of their uniforms and placed them into the survivors' cold and shriveled hands. It was 1:49 a.m. "I am just now starting to feel my toes," Lipp said last Wednesday af ternoon. At the hospital the men were placed on heating pads and wrapped in warm blankets to try to raise their body temperatures. They were kept for about four hours. For Lipp, it was a bittersweet feeling being released from the hos pital. All of his belongings were on the boat. He has no home in Bruns wick County. Margaret and Wood row Hewett, parents of James Mii lis, invited Lipp to stay with them. They are just thankful that their son is alive. "We just couldn't turn him away," said Woodrow Hewett, who has worked on dredge boats. "The ocean is fine if you're on a mighty big boat and can stay within sight of land," Hewett said. "With 12-foot seas, it's going to take a mighty big boat to make it through that." As for Lipp, he hopes to find an other job. This lime on land. "I don't know what I'll do," Lipp said. "I really don't. I need to find another job. I don't care what type of job. My id's are left at the bottom of the ocean. My eyeglasses. I lost it all." He has no clothes, no money and no job. Ms. Hewett said she hopes peo ple will offer Lipp some help by calling their home at 754-9141. "I've got to get back on my feet," Lipp said. "I've been down before, but not like this." THE BRUNSWKK&BEACON Established Nov. 1, 1962 Telephone 754-6890 Published Every Thursday At 4709 Main Street Shallotte, N.C. 28459 SUBSCRIPTION RATES IN BRUNSWICK COUNTY One Year $10.30 Six Months $5.50 ELSEWHERE IN NORTH CAROLINA One Year $14.80 Six Months $7.85 ELSEWHERE IN U.S.A One Year $15.95 Six Months $8.35 Second class postage paid at the Post Office in Shallotte, N.C. 28459. USPS 777-780. SWF rHOTO BY TERRY POPf NAPOLEON BAREFOOT JR. (left) takes the oath of office from his father, Barefoot Sr., during the swearing in ceremony last Wednesday. Holding the Bible is Barefoot's wife, Kelly. REX GORE ASSUMES DA'S POSITION Judge's Swearing-in A Family Affair BY TERRY POPE Like father, like son. Napoleon "Poli" Barefoot Jr. took the oath of office last week and became the new 13th Judicial District Court judge. Administering the oath was his father, Napoleon Barefoot Sr., who is chief resident Superior Court judge for the 5th Judicial District in New Hanover County. "I think that's probably some thing that's very unusual, -very unique," said Superior Court Judge Giles Clark, who opened court last Wednesday in Brunswick County just for the swearing in ceremony. Earlier Wednesday Shallotte at torney Rex Gore was sworn as new district at torney for the 13th District, re placing Michael Easley of South port. Gore won the scat in No vember over Ta bor City chal lenger Frank Stanley. Easley chose not to run for rc -election. Barcfoot's family, friends and fel low county employees crowded into the courtroom. It was standing room only as home video recorders taped the event and cameras flashed. With his immediate family by his side. Barefoot became Brunswick County's only resident judge. He and his wife, Kelly, live in Old Towne near Leland. Barefoot has served as assistant district attorney in Brunswick County since March 1984. Barefoot was appointed by Gov. Jim Martin in November to fill the unexpired term of Judge William "Bill" C. Gore Jr., who was elected to a newly-created seat on the 13th Judicial District Superior Court bench. The 13th District include Brunswick, Columbus and Bladen counties. Gore, a Columbus county resi dent, was sworn in at the Columbus County Courthouse Wednesday morning. He had to resign his posi tion as District Court judge before taking the oath. Barefoot joined former District Attorney Michael Easley's officc in 1984 after two years of general practice in Hyde County. He is a graduate of Wake Forest University law school. "1 would just 'ike to thank the people who helped me obtain this position," Barefoot said afterward. "I will do my very best to be fair and impartial." Barcfoot's appointment is for two years. Last Thursday, he held a Dis trict Court child support session as his first duty and was scheduled to hear three days of criminal court this week in Brunswick County. "I'm very happy that he has re ceived the honor," Clark said. "I be lieve the people of this district will be lucky to have him." Clark has presided over Superior Court cases in Brunswick County while Barefoot has been the prose cutor on a number of occasions since 1984. "Some of those cases have been the most serious of nature," Clark added. "In my observation, he has done his job in the most competent manner. I've never known him to ask for anything in a case except that it be done in a fair manner." Jn another decision affecting the 13th Judicial Disuict, Judge D. Jack Hooks Jr. of Whiteville has been ap pointed chief District Court judge by Chief Justice James Exum. Hooks will replace Judge Gore. Hooks was appointed a District Court judge by Gov. Martin in April 1985. He was certified by the N.C. Administrative Office of the Courts for hearing juvenile court cases in September 1987 and was re-elected without opposition in 1988. Hooks is a graduate of Whiteville High School and graduated from the University of South Carolina with a B.A. degree in journalism. He re ceived his law degree from Camp bell University School of Law in 1980. Rex Gore previously served as assistant district attorney in Bruns wick County. He will replace Eas ley, who ran for the U.S. Senate last year instead of seeking re-election to the DA's office. Easlcy will be going into general law practice with his wife, Mary P. Easlcy, Roy Bain and Mary Eliza beth Wcrtz. The law firm has offices in both Wilmington and Southport. (Continued From Page 1-A) access area. Town Administrator Linda Fluegel said the town's engineer will work with architect Ken Cates, who drafted the original design for the project, in de veloping specifications. The town plans to advertise bids for various facets of the project, subcontracting rather than hiring a gen eral contractor. This will give the town more flexibility in budgeting should local economic conditions worsen. The town could interrupt the project at any point if the funds were needed to avoid a tax increase next year, for example, she said. Plans for the 100-foot wide lot include some park ing, a drop-off station, bike racks, covered and uncov ered observation decks accessible to the physically handicapped and an acccssway leading to the beach strand. The N.C. Office of Coastal Management is to survey the lot and determine the dimensions of the area available for use by the town under CAMA regulations. Other Business In other business the board: ? Heard from auditor John Carraway that the town is in good financial condition and that the audit was easier to complete this year due to improvements in data han dling. The town had an excellent tax collection rate of 99.25 percent, he said. ? Voted to continue not paying dues to Cape Fear Area Council of Governments (COG) and to continue revert ing funds to the state rather than to COG. The decision came after Roscann Mack, acting COG director, asked the town to reconsider its position and presented infor mation on services offered by the local COG. Town council members said they wanted to continue as is, giving as one reason that the COG merely duplicates sci vices provided by o'uici agencies. ?Tabled a request from the N.C. League of Municipalities seeking a contribution to the Jake Wicker Scholarship Fund. ?Set a public hearing for Feb. 4 at 7:30 p.m. or. a re quest by Bud Scrantom, a member of the board, to withdraw the last 30 feet of Stokes Drive, a dead-end road that runs by his home. If the request is approved, the land would be divided by the adjoining property owners. ? Set a joint session with the planning board for Jan. 31 at 10 a.m. at the town hall. Council members allocated one hour each to discuss a proposed community facili ties plan and a resolution of consideration to annex that includes the Sugar Sands area of Seatrail Plantation. ?Following an executive session, hired Lisa Hoagland, who has completed a 12-month new hire probationary period, as a permanent, full-time officer on the recom mendation of Chief J.B. Bucll. Search For Plane Continues U.S. Coast Guardsmen and Marine Corps pilots continued to search late Tuesday evening for a single-engine airplane believed to have crashcd near Frying Pan Shoals at the mouth of the Cape Fear River with two men thought to be on board. "We are still out there," Dale Putman, a boatsman's male first class at the Oak Island Coast Guard station, reported around S p.m. Tuesday. "A crew has just complet ed one of its search patterns and they're ready to go back out. There have been no changes, yet." The two men were on a Cessna 172 plane that was reportedly lost off of radar around 5:30 p.m. Monday. The plane took off from the Brunswick County Airport near Oak Island around 4:20 p.m. and at last reports was about 10 miles northeast of the Cape Fear at Frying Pan Shoals. Officials at New Hanover County Airport lost all radio contact with the plane around 5:30 p.m. when weather conditions grew worse. No distress signals were issued by the pilot before the plane disappeared off radar, but checks with local air ports indicated the plane had not landed in the area. The U.S. Coast Guard Operations Center in Portsmouth, Va., immedi ately ordered two 82-foot search vessels to the area from Morehead City after being notified by Federal Aviation Administration officials an hour after the accident "We also have a 44-foot boat out there searching," Putman said. Also joining the search was a Coast Guard cutter. Point Brown, from the Fort Macon Coast Guard Station and a 44-foot motor life boat from the Wrightsville Beach Coast Guard Station. H^copters from the Elizabeth City Coast Guard Station were also called in to aid in the search. Two Marine Corps helicopters from Cherry Point Air Station also searched Tuesday as temperatures never got out of the 40s. The National Weather Service had issued a gale warning for Monday evening, when the plane is believed to have gone down in the Atlantic. Sustained winds were esti mated between 39 and 54 mph and continued into Tuesday, hampering rescuers. The Guardsmen were searching for survivors or debris possibly caused from a downed plane in an area ranging up to ID miles off the coast. Putman said crews will work through the night if weather per mits. The helicopters spent most of Monday night on the ground be cause of poor weather conditions. "However, they're back out there this morning," Putman said Tuesday. The plane was not believed to have been carrying an emergency locating transmitter which emits a radio signal in an emergency. The devices activate themselves in the event of a crash or landing in water. Coast Guard stations reported they have not received such a distress signal in the area. DA Chooses Bollinger Shallottc attorney Lec Bollinger has been named as the county's new assistant district attorney. He was chosen last week by Dis trict Attorney Rex Gore to fill the position left vacant when Napoleon "Poli" Barefoot Jr. resigned to take his appointed seat as a 13th Judicial District Court judge. A 1989 graduate of Campbell University law school, Bollinger has worked in general practice for the law firm of Anderson and McLamb in Shallottc since August 1989. It was his first job out of law school. Bollinger graduated from Lum bcrton Senior High School in 1981 and from the University of North Carolina at Chapel Hill in 1985 with a degree in journalism and po litical science. "I will be exclusively, and I use that term loosely, in Brunswick County," Bollinger said Tuesday. "I will be working primarily in the Brunswick County office in Boli via." The 13th Judicial District in cludes Brunswick, Columbus and Bladen counties. Bollinger was in Columbus County Tuesday morning training in District Court. He will handle court dockets in Brunswick County court involving criminal, juvenile and child support sessions. Bollinger is expected to prosecute cases in District Court for nine months before becoming eligi ble to prosecute Superior Court cas es. While in general practice for 16 months, Bollinger also acccptcd criminal court cases. He is married to Yulanda Bollin ger. The couple have two children, Chelsea Thomas and Hannah Re becca, and live in Shallotte. Board Puts Off Debate (Continued From Page 1-A) board itself, rather than one mem ber, Slockett, has yet to be contact ed directly by Mrs. Rogers or her lawyer. Slockett has said the board erred and should attempt to remedy the situation. Monday night Slockett said Mrs. Rogers would like the board to ex tend an invitation to her to discuss the matter. Most of Monday's meeting was devoted to a scries of program re views and minor items of business. Other Business In other business the board: ?Received but did not discuss the school system's first "report card" from the N.C. Department of Public Instruction, which ranked the Brunswick County Schools as "sub par" in relation to systems of simi lar size and socioeconomic advan tages. Superintendent P. R. Hankins re fused to release the report to The Brunswick Beacon Monday or to discuss its contents, saying he did not want to violate a state-imposed Wednesday release date. The report is intended to provide a means for measuring a system's performance and improvements from one year to the next. The N.C. Press Asso ciation filed a complaint this v-eek in Wake County Court seeking to have report card data for all systems released immediately on the basis that they arc public documents. ?Agreed to pay half the $4,000 cost of Shallotte Middle School teacher Gwen Causey's People To People goodwill visit to the Soviet Union and Finland April 13-27. Mrs. Causey, a former Brunswick County Teacher of The Year, teaches a self contained fourth grade class. On the trip with fellow Teachers of the Year from across the state she will meet with educators, visit schools and teacher training institutions and attend diplomatic briefings. Upon her return, she will serve as a re source for fellow educators. ?Took no action on naming the new elementary school to be built at Supply, but mentioned four names under consideration: Central Bruns wick, Doe Creek, Roys! Osk and Supply. Royal Oak is the name of the waterway that runs through the school site. ? Delayed action on a request from the Future Farmers of America award-winning hunter safety pro gram of the West Brunswick High School agriculture program for per mission to shoot on campus. While supportive of the request, Chaiiman Donna Baxter said the board attor ney would need to draft a policy. The proposed shooting range for ri fles, shotguns and bows and arrows would be located to the right and rear of the football field, about 450 yards from any school buildings. It would be used for practice and for holding competitive events. Now students must be transported by bus off-campus for such events. ? Approved Southport Elementary School teachers Sandra Kaufhold and Martha Pickard presenting a pa per in February to the Eastern Education Research Association an nual conference in Boston, Mass., at a budgeted cost of S789 each. The paper will discuss a pilot teacher training project with the University of North Carolina at Wilmington now in place at the school. ?Tabled appointment of a represen tative to 'he county's Emergency Medical Services Advisory Board. - Concurred with Chairman Donna Baxter's appointment of Polly Russ and Robert Slockett to a liaison committee with the Brunswick County Board of Commissioners. ? Heard Ms. Baxter appoint Yvonne L. Bright to work with Super intendent P.R. Hankins in setting up a workshop for board members. ? Heard a report from Assistant Superintendent William Harrison on the staff's long-range planning ini tiative, with the board chairman and possibly other members planning to participate. The board also heard updates on the Reading Recovery, substance abuse prevention educa tion and D.A.R.E. programs. ? Approved routine personnel ac tions taken by staff. ? Voted to request extension of county water service to Union Primary and West Brunswick High schools. The county hired an engi neering firm Monday to design an extension of the water system in that area. Firings Are Overturned (Continued From Page 1-A) tenancc employees were also called in to work the emergency. Water System Director Jerry Webb said the men were told by their supervisors to talk to him if they would not be able to work. Webb said he wasn't contacted by the men, who were given 12 hours to pmvide reasonable excuses. He said the bro ken pipe had to be quickly repaired because the county was facing a pos sible 510,000 a day fine for polluting the Cape Fear River. Interim County Manager Clcgg said he upheld Webb's decision to fire the men "based on the testimony I received at tlie hearings." Accor ding to the county personnel policy, a grievance must first be taken to a hearing before the county manager for a ruling. If the party involved is unhappy with that ruling then he or she may take the grievance before the board of commissioners. Commissioner Gene Pinkerton said that based on testimony pre sented to the board there were "tre mendous differences in the way the personnel were treated" within the water department. It was revealed in testimony by Robinson that a water employee who walked off the job early on a Friday was given a verbal warning while he and Russ were fired following a three-day suspension for not working on a Saturday on short notice. Pinkerton made a motion to rein state the two men with full benefits as of Tuesday morning. It passed unanimously. When asked about back pay and vacation pay, Chair man Holden told the employees that the motion didn't address that issue. Robinson said he told his fore man, Jerry Ferguson, that he could not work the emergency because he had scheduled an appraisal out of town on that particular Saturday that could not be canceled on short notice. When he returned to work after his three-day suspension, Rob inson was told he had been fired. 'This kind of thing has been go ing on and going on and nothing's been done about it," Robinson said. "There's a lot of maintenance in the Brunswick County water system be sides these five men." Russ told the board, 'There's a lot that's been going on that people don't realize. 1 feel like we got a bad deal out of it." In other business Monday, com missioners: ? Appointed board members Jones and Pinkcrton to serve on a liaison committee with two members of the Brunswick County Board of Educa tion. ?Appointed Earl Andrews to the Brunswick County Register of Deeds Advisory Board on Shaw's motion; and approved these appoin tees recommended to the board, with the parties ihey are to represent, Jan et Shires (Brunswick County Bar Association); Joan Thorpe (Bruns wick County Board of Realtors); Tom Morgan (Waccamaw Chapter of Surveyors) and William D. Carter (Register of Deeds office). ?Appointed James Payne, Shallotte attorney, to the Southeastern Mental Health Advisory Board on Jones' motion. He replaces Rex Gore, also of Shallotte. ?Reappointed Clyde Babson to the Brunswick County Alcoholic Bev erage Control Board on Pinkerton's motion.

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