Newspapers / The Brunswick Beacon (Shallotte, … / June 20, 1991, edition 1 / Page 1
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APPEAL OF SUNSET BEACH BRIDGE DECISION DROPPED DOT Will Study Environmental Impact Of Proposed High -Rise BY SUSAN USHER Slate and federal transportation officials have drop ped plans to appeal a January court ruling that halted construction of a planned high-rise bridge at Sunset Beach. Instead, state Transportation Secretary Thomas J. Harrelson announced Friday that it will instead under take an environmental impact study as U.S. Eastern District Judge W. Earl Brill had originally ordered in his 1990 decision. The U.S. Justicc Department was to file notice of dismissal of the joint appeal Monday in the 4th Circuit Court of Appeals in Richmond, Va., said Jaun Santos, a DOT spokesman. Harrelson said the decision to proceed with the study came after learning the federal government had decided not 10 appeal the court ruling. Defense briefs in the case were to have been submitted this week. "We're willing lo do whatever il lakes lo provide appropriate environmental documentation," Harrclson said in a news release. "We're will ing to do the environmental impact statement. We already have a lot of environmental information, but we'll provide whatever time il takes to gel additional data." The Sunset Beach Taxpayers Association and eight individual defendants had filed suit against state and federal transportation offi cials in an attempt to hall construc tion of the bridge. Their concerns included impact of the bridge on recreational use of the beach as well as on the habitat of the wood stork and other endangered species. Citing inadequacies in the original environmental 1 HARRKLSON ? ? sludy made in ihc mid 1970s, Britt directed completion of a full study on the environmental impact of the bridge and voided all permits for the project. That means the state will have to reapply for project permits from various state and federal agencies. In February Britt denied a request to reconsider three points of his decision. That was when state and federal transportation officials announced plans to appeal the original order. Clctus "Clctc" Waldmiller, president of the Sunset Beach Taxpayers Association, said Monday that the decision to drop the appeal "was kind of what 1 was hoping would happen, that they wouldn't drag it out through the courts and increase the costs. That's fine." DOT officials are predicting that completion of the study could delay construction of a new bridge for as long as three years. Harrelson said he and other transportation officials remain conccrncd aboul the potential lor interrupted servicc to the island at Sunset Beach. The existing pontoon bridge thai links the island and mainland was knocked out in 1985 when it was struck by a runaway barge that caused about SI66.000 in damages. The one-lane, 506-foot bridge was hit again in 1987 by a tug. "I don't believe the current bridge is completely safe and reliable," said Harrelson. "I know that local governments and emergency squads share the same concerns. But we'll do the best we can to keep it main tained and in working order." The original pontoon bridge was built in the mid 1950s by a private developer. Construction was to have begun on (he high-rise bridge last September. Sunset Beach Mayor Mason Barber w as out of tow n Monday and could not be reached lor comment. knr\ , HOAG & SONS BOOK BINDERY lT 1 2731/93 Vgg^^nth Veor, Numh0f 33 PO BOX 162 Wj ? ? CI"I thc b*un; SPRIN6P0RT Ml 43284 K? BEACON C ? ? June 20, 1991 25C Per Copy 42 Pages, 4 Sections Including Supplement, 1 Insert f OTHER COUNTY EMPLOYEES TO GET RAISES Commissioners Cut Clerk, 4 Other Jobs STAff rHOTO fY DOUG *UT7E? Homeward Bound? The shrimpboat Miss Virginia chugs west along the Atlantic Intra coastal Waterway near Ocean Isle Beach last Wednesday night. Longwood Man Charged In Shooting BY DOUG R UTTER A Long wood man was arrested last week after he allegedly shot and injured two local men with a 12 gaugc semi-automatic shotgun. The shooting occurred last Wed nesday around 11:12 p.m. on Little Prong Road near the Columbus County line, said Ll Donnell Mar lowe of the Brunswick County Sheriff's Department Dexter Woodring Hughes Jr., 41, of Longwood has been charged with two counts of assault with a deadly weapon with intent to kill inflicting serious bodily injury. The suspcct was released from Brunswick County Jail last Thurs day after posting SI 2,000 bond. His first appcarancc in court is sched uled June 24. One of the shooting victims, a 45-year-old resident of the Ash community, was listed in serious condition Tuesday at New Hanover Medical Center in Wilmington. A sheriff's department report said part of the man's right hand was shot off and he was shot in the right groin area. The other victim, who is 30 years old and also from Ash, was shot in both legs, the left hand, right arm and the right side of his chest, ac cording to the report. He was re leased from The Brunswick Hospit al at Supply last Friday. (See LONGWOOD, Page 2-A) BY SUSAN USHER In a series of voles along a now familiar 3-2 split, Brunswick County Commissioners Monday decided to eliminate the salary of the clerk to the board from next year's budget as well as salaries of four other jobs. The board expects to consider next year's $35 million budget, with the changes included, when it meets Friday, June 28, at 9 a.m. in its chambers. Voting with Commissioner Jerry Jones for the cuts were Chairman Kelly Holden and Commissioner Donald Shaw. Voting against them were Commissioners Gene Pinkcrton and Frankic Rabon. Since the votes were taken during a work shop they were not official . Chairman Kelly Holden said after the meeting that the cuts were a log ical follow-through to the recom mendations made in a recently com missioned water system study regarding top heaviness. "With less than 50 employees you need no assistant managers in the chain of command," said Holden. "I think we've had loo many people in the upper chain of command .for loo long." Other existing positions to be eliminated are those of assistant director of operations/water man agement coordinator, held by Pearly Vereen of Exum, a former county commissioner; and environmental health supervisor I in the Brunswick County Health Department, held by Gary McDonald of Supply. The post involves field supervision of sani tarians conducting site tests for sep tic tank suitability. Also, the board will eliminate one of the four new housekeeping positions and a new finance office position included in the proposed 1991-92 budget. The position that Rcgina Alexander of Southport has held for the past 15 years will be eliminated and her duties as clerk reassigned to the county manager's secretary, Kelly Barefoot. Mrs. Alexander is black and Mrs. Barefoot is white. Commissioners who voted for the move said neither race nor political party affiliation figured in the personnel decisions. Holdcn pointed out that the all Republican board hired a county manager, Clegg, who is a Democrat. "Where else in North Carolina have you seen that happen?" he asked. 'The message this board is send ing out is not creationist," Holdcn said later. Though it "may" have been done in the past, he said, "We're not rewarding political sup porters with jobs. We're letting the manager handle personnel in a pro fessional manner." Liking or not liking the individu als had nothing to do with the deci sion, either, he said. "Liking some one is no justification for rewarding them with a job or letting them keep their job if it is no longer needed or functional." Mrs. Alexander, a county employee for the past 17 years, was at her post when board members voted to eliminate her salary. "I've made that job," she said, "and I've been an outstanding clerk." But she said the board has the right to do as it chooses regarding the position. Like the county man ager and county attorney, the clerk serves at the pleasure of the board. County Manager David Clegg said the move came as "a complete surprise" to him. Commissioner Jerry Jones, who made the scries of motions, said he studied the budget "long and hard" first. Pinkcrton questioned elimination of the clerk's job at a time when the county manager has asked for more, not less, in administration. A new secretarial position is included in the proposed budget While not agreeing that any cuts should be made, Rabon said the first position to be considered should have been that of the assistant clerk, not the clerk. Rabon, who in the past has advo cated elimination of positions in county government, said his new stancc reflects changing circum stances. "The need (for the personnel) is there more so than three years ago," he said, citing county growth. While he felt the recent water system study could have been done in-house, Rabon said he agreed with its recommendations regarding upper management. "It's hard to cut people today, but also I don't believe in keeping people around just because they're there, when they aren't needed." Position Redefined In a motion by Holden, commis sioners voted 3-2 to merge the posi tion of soil scientist into a new engi neering department technician post included in the proposed budget. Walt Marley would no longer serve as a "lobbyist" for county commis sioners, said Holden. "He would no longer be involved in giving second opinions on whether a lot will perk," said Holden, noting that the sanitarian had the final say now regardless. Marley would continue working on special projects such as obtain ing permits for solid waste disposal sites, gathering data for use in defending cases taken to the Property Tax Commission and working with the planning and health departments on preliminary subdivision plat reviews. Employee Raises Set All county employees would receive TA percent pay increases in the new budget under a motion made by and informally approved on a vote. While saying employees deserved the raises. Commissioner Donald Shaw said he would prefer to wait and see what the state docs for its employees. The school sys tem will give its locally-paid employees the same raises state employees receive. Commissioners also agreed to increase the county's share of the increased cost of employee insur ance benefits by another SI 39,265. In a related motion, the board also approved on a 3-2 vote an ordi nancc creating a performance evalu ation system. Formal evaluations completed during the coming year would serve as the baseline for evaluations made the fiscal year that begins July 1, 1992, at which employees would be considered for merit raises under a proposed sys tem that commissioners said has won mixed reviews from employ ees. Rabon said he objected to the plan because of its committee struc turing, that only a department head can do a fair evaluation of employ ees. Chairman Holdcn said the sys tem is a "starling point" that can be changed as it is developed. A lund of S365.000 set aside to cover the merit pay system next year would instead be used to fund across-the-board raises and insur ance benefits. Transfers Don't Fly Board members rejected, on the same 2-3 split, a scries of budget transfers proposed by Pinkcrton. lie wanted S5,4(X) moved from the Resources Development Commission budget to North Carolina Marine Crescent, noting the regional agency's support of maritime-related projects in the county. He also wanted to move S25.300 to the Brunswick Community College budget, saying that would give it a 5 percent increase. He wanted S2.300 to come from a printer already purchased for the county administrative offices; S9.150 from the RDC; and SI 3.700 from capital reserves. Commissioners expressed reluc tance to "dabble" in the reserve. Requests Heard The board also heard and look no action on: 1) a plea from Yah well Center to reconsider its decision not to give the center any of the $10, (XX) it hail requested; and 2) a request to consider increasing the budget for advanced life support services by $125,400 to insure a minimum standard of 24-hour ser vice. DEVELOPERS WILL CONTINUE OPPOSITION Citizens' Group Wins New Trial In Holden Beach Public Access Dispute BY SUSAN USHKR Last Wednesday Concerned Citizens of Brunswick County won a significant victory in their six-year public access dispute with the developers of Holden Beach West when the N.C. Supreme reversed a lower court's ruling and ordered a new trial. "We're just tickled to death. It feels great," said Raymond Cope, a Lexington resident and part-time Holden Beach area resident who was active in forming the citizens' group. "We're poor as church mice, but it's worth every cent it's cost. We're going to get a new trial." Meanwhile, an attorney for Holden Beach Enterprises Inc., developers of the subdivision, said Tuesday they plan to continue opposing the effort to gain perma nent public beach access across the west end island tract. Vaiden P. Kendrick, of the Wilmington law firm of Murchison, Taylor, Kendrick, Gibson & Davenport, is one of the attorneys representing the development firm in the case. "We will continue to oppose this lawsuit," Kendrick said Tuesday. "Exactly what steps we will take we haven't dccided, but we will do those we think are appropriate." He did not rule out the possibility of further action at the appellate level, which could affect the remanding of the case for new trial. James D. (Jim) Griffin Jr. of Holdcn Beach Enterprises did not return calls from The Brunswick Beacon. Kcndrick said the court's ruling is "unfortunate" because it leaves "very much in doubt what lengths a properly owner must go to (in order) to protect his property from intrusion by people who aren't authorized to go on it" as well as to protect it from prescriptive ease ment. Especially when someone lives at a distance from the property in question, he said, preventing its use by others is difficult. He feels the ruling could serve as precedent in other, similar property use disputes. The citizens' group filed suit in 1986, after Holden Beach Enterprises blocked in July 1985 a road leading to the west end of Holden Beach. The group, represented by attor ney Jim Maxwell of Durham, sought continued access across the property on the basis of "prescrip tive easement." Eventually, the state intervened. Assistant Attorney General Allen Jcmigan said the state thought the case significant because it involves the right of access to the state's public beaches. The group argued that while the road and area at the end of Ocean Boulevard West might be privately owned, a general passageway through the dunes had been estab lished over the years by the public seeking access to the ocean strand and Shallotte Inlet for fishing and recreation. They contended there was a sufficient and longstanding enough pattern of traditional use to establish a public easement by pre scription, something akin to squat ter's rights. In Brunswick County Superior Court Judge Bruce Briggs ruled in favor of the developers. That judg ment was upheld by the N.C. Court of Appeals in November 1989. The Supreme Court agreed in December 1989 to discretionary review of the case on the single issue of prescriptive easement. It heard oral arguments in April 1990. Last week the court split 4-3 in vacating the judgment reached by Judge Brucc Briggs in 1987 and in reversing the opinion of the N.C. Court of Appeals that affirmed thai judgment. The Supreme Court is remanding the case to the Court of Appeals with instructions to remand it to Brunswick County Superior Court "for further proceedings not incon sistent with this opinion." In decid ing the case the court will have to adhere to the findings of the Supreme Court regarding establish ment of prescriptive easement. In its 25-page majority opinion written by Justice Louis B. Meyer, the Supreme Court found two ques tions to be pivotal: whether the path used by the public in crossing to the beach was established and whether public use of the road had continued without interruption for 20 years. Standard Said Wrong It said Briggs' ruling was flawed because he had applied an "erro neous standard" in deciding there was not enough evidence to estab lish such an easement. Briggs had determined that a pre scriptive easement had not been established due to changcs in the location of the path and interrup tions of use during the period in question by a series of barricades that included, at various times, a log, a cable, a farm gate with lock and key, and in 1985, the staffed guardhouse. Meyer said the trial judge did not determine whether there existed "substantial identity" of the ease ment claimed. Instead he deter mined only that the plaintiffs had failed to show a single "definite and specific line" of travel. Meyer said the trial court judge's standard wasn't appropriate given the "dynamic" quality of the easement through shifting dunes. Further, he said the public's sea sonal and recurring use was suffi cient and that the developers' actions had not entirely prevented public usage. "While continuity of use by the public is essential (in establishing prescriptive easement)," he wrote, "it need not be perpetual and unceasing." "The fact that the barricades placed by the defendant may have discouraged the use of the pathway by a few members of the public or even suspended its use very briefly by the entire public docs not destroy the public's continuity of use for the period necessary lo establish its right by prescriptive use," wrote Meyer. Three Justices Disagreed Justice Burley Mitchell wrote the eight-page dissenting opinion, with the Justices John Webb and Willis Whichard concurring. Mitchell wrote that lie thought the majority erred in holding that the evidence failed to supj>ori the trial court's findings and conclu sions regarding interruption of use of the road. He said he agreed with' the trial court's view "that the plaintiff's adverse use of the easement assert ed was interrupted several times and (See ACCRSS, Page 2-A) Dining and entertainment supplement included in this issue.
The Brunswick Beacon (Shallotte, N.C.)
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June 20, 1991, edition 1
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