Cooler, Drier Weather Ahead I'ook-r temperatures and drier conditions are in the forecast for the Smith Hmnswick Islands this week. Stiallouc IVmt Meteorologist Jackson C'anady said area weather should N. near normal lor September. Temperatures will range in the mid-60$ at night and in the upjx-r 80s during the day, with less that three -quarters of an inch of rain cxpocted. "It's hack to normal again." said C'anady. For the period Sept. 3-9, Canady recorded a maximum high of 90 de gnxs on Nrth tlx- sth and 6tl) ?rxt a minimum low of 62 ik'grccs on the 'Hi. A daily average high of 88 degrees and an average nightly low of 66 degrees combined lor a daily average temperature of 7? ik-grecs. which is about normal for our area, he said. He measured just a trace ol rain. ! 5 inches, during the period. The outlook tails lor temperatures and rainfall to be near normal lor die weekend, he said Hearing Set On Rest Home Brunswick Counts Commission i'i-- will hold a second public hear me Mon.l.is on sshctlici the counts should help sa'k }? I .mis lor a com |Xin\ thai plans lo ImiiIiI .i ics| home in Supplv JB Enieipiises ol CoKIsNmo plans to htuld a N' Ivd I .u 1 1 ! I v on abiuii lout ,i. k's ol I. iikl Ivsitlc I he Brunswick Hospital, ssuli rt>oni lo expand to I -< 1 Ivds mi the Inline ln\ i-siois ,ue a4 n:c the counts to help them oH. tm ,i VI *'.(>( Hi (.'otn 1 1 1 1 1 1 1 1 1 > lYsclopm 'in Hlock < iiani lo help in ik e ilie s 1 ? million pro !.\ t. t oniuiissiotk'i s is ill Ivuitt the hcai me .it '? 1 N p.m. in then s hain Ivis at the ivs eminent complex m Btllis ia I lie N viid ssill hold its ice ular tneetini; at (i p. in A lust public healing on the erani applu ition ss as held in \m: ust, iu lass. tss,o ate rei|uiicd. At the lust tie, ii 1 1 ie . seseral tes i - dents sp, 4 ? ;ij;a'ns| ilie I'lant appli 10co OFF WITH THIS AD Let Stniii : Ji ?? ; jht 'he patli to youi t this Hallo.ve*' Hat-j?ao-? 2 ; c t> t r a ci tt i puiupK ,fi a>. i iacie in qua:: 1 ? r gal sees Other Halloween luminal es available. t.' 'i Sat. 10 6 The Potter \ Wheel He ::-^n Beach Causeway 842-4670 canon. slating that ihc developers .no i tout outside of Brunswick ( 'ounty aiul should stand on their c.Mi uvi in financing the business. I i vk v\ ixhI Pines would share an cntiaiiccway with the hospital oil ol i S. 1 1 and has received the en dorsement ol the Brunswick Hos pii.il Authority. i'DBG grants must be approved l>\ the county and involves federal IuikK allocated to the suite. No county limds arc involved. The ^ > mi i i> is not responsible for repay ing such loans should a company default. Hospital Authority Chairman I arry Andrew s and Jon Sanborn, hospital administrative assistant, spoke in favor ol the project. rtio hospital has tried to locate a I aciliiy lor the elderly on us campus since 1 984, Sanborn said. Unlike nursing homes, rest homes do not require state certifi cate ol need permits. It would serve elderly people who do not require ? '? liotir nursing care. Committee To Hear Landscape Proposal William Potts, an architectural landscape designer, will present rec ommendations for landscaping the entrance to the Holden Beach Town Hall at the next meeting of the Holden Beach Bcautilication Com h n nee. I he committee will meet Wed nesday, Sept. 18. at 10 a.m. at the town hall. Al ter discussing Potts' report, the committee will also discuss plans lot an Octobcr luncheon, said spokesman Elizabeth Tandy. Holden Beach property owners interested in island bcautilication aie welcome to attend the meeting. SEAFOOD and STEAK HOUSE MeMjiiiie Cri ill ? Gourmet Salad Bar ? Lounge 3rd ANNUAL SALE ''Dinner Club Cards" Valid til 9, 30/92 ON SAM-" I UK MONTH OF SEPTEMBER ONLY! Get ready for... P DPI? 17" TVTT/^ UT Thursday V_J XvHy Hy i\. 1M lull 1 September 26 Plan your holiday parties now! ( atcriiiii on or off premises from basic to elegant. n.OSKI) MONDAYS ? RESERVATIONS ACCEPTED Yom Hosts: Tom & Marlene Ha ley Hwy. 179 in Calabash ? 579-603*2 ENJOY MORE AFFORDABLE INSURANCE Save with Nationwide's Home & Car Discount! Ihsuip both your homo and cat with Nationwide, and get a special money saving discount on your homeowners msuiance At JD onotlier money saving discount on your auto insuicmce Call today If. - . Phillip Cheers '? 920- A Mam S; Shallotte 754-4366 m ? NATIONWIDE 1 fl INSURANCE v ?. on your ?,? night is based on recommendations from a stale review commissioned by the board last year and is intended to improve the efficiency of the central office stall Superintendent P.R. Ilankins said it will cost approximately S 'lUXH) Ironi available hinds to un plement key elements ol the plan immediately. Only a lew "slight" salary adjustineiils are anticipated, he said, because the internal moves are mostly lateral. McAdams. who has served as principal at North since joining the system in l4>N2. is one ol live em ployees reassigned Tuesday on an interim basis to implement the plan. The reassign me nts take effect as sixm as practical, some as soon as Wednesday. Hie hoard discussed the state rec ommendations at length during a mid-August workshop attended by all hut one inemlvr. I>oug Ba.xley. Tuesday night Baxley asked the board to review the "immediate im pact" of the proposed personnel shifts behind closed doors before approving the plan or the related personnel recommendations. Later both proposals passed without ob jection. McAdams will become the of fice's third subject area specialist, with the goal ol "heeling up" the system's middle school program while also serving stall at the sec ondary level. Diane Paquin serves as elementary curriculum coordina tor for grades K-5, while Lli/abeth Young will focus on math and sci ence for grades 6-12. Assistant Superintendent Mose Lew is says he sees the coordinators as specialists with prior classroom experience who work out in the schools to help teachers do their jobs better. Babcock Named As Services Director A Sunset Heath resilient was chosen Tuesday night as the new direc tor o* pupil personnel services lor the Brunswick County Schools. Judith C. Babcock fills the position previously held by Mary Wolf, who resigned to accept a |x>st in Currituck County. 'Itic appointment was one in a series of personnel actions taken by the Brunswick County Board ol l-'ducation Tuesday night alter meeting two hours that night and one hour Monday to discuss person nel and attorney-client matters. Mrs. Babcock has 27 years of experience in edu cation. Before moving lo Brunswick County she BAIIC (H K served as adminisuative school psychologist and supervisor ol itinerant services for the Springfield, Mass., Public Schools. She graduated Iroin American International College in Springfield and has a B.A. degree in psychology, a master's degree in special education and psychology and a certificate of advanced graduate studies in psychology and administra tion. Her previous experience includes regular and special education in el ementary through high school sellings, and as counselor, school psy chologist and administrator. Lewis also proposes rearranging central stall office assignments in order to group employees by divi sion to improve internal communi cations. At North Brunswick High School in Lcland. Hob Harris will serve as principal on an interim basis. Previously he "floated," serving half-time as an assistant principal at the high school and at Lcland Middle. That position has been eliminated, leaving each sch(x)l with one full-time assistant princi pal. "Times are lean," said Hankins. Sherry Dove, secretary in the personnel department, will become sccrctary to Assistant Superintendent for Instruction Services Mosc Lewis. Nancy McGrail will become secretary to Assistant Superintendent for Auxiliary Services William Turner. Previously called operations. Turner's division has been renamed and expanded to include food ser vices. Flora Johnson, budget assistant and secretary for federal programs, will assume the position of person ncl specialist. Replacing Ms. Johnson will he Phyllis Starr, who presently handles payroll in the fi nance department. The interim changes were made with the provision that any vacan cies created by the transfers not be filled for now pending further re view by the board. (?rowth Poses Challenges Board members also heard Tuesday several ways in which growth is causing challenges within the system in providing sufficient classrooms, buses and teachers. The 10-day average daily mem bership report for the 1 1 schools shows an overall increase of 1.09 percent, from 8,598 students a year ago to 8,692, Superintendent llankins said. As a result, he said, "We have some less than desirable situations that we're trying to remedy. Building plans (reviewed by the board Monday) arc on target be cause we will need increased class room space down the pike." Shallotte Middle, for example, jumped from 1,073 to 1,113, and l.claiul Middle I rum 887 students to As classes become large enough, additional teachers are also Ix-ing lured. Ilankms said. Assistant Su|vnntendent Hill Turner said he was "really shocked" to find that 432 more students are riding the bus this year compared to last year, creating a shortage ot seals that is even more critical this year because of a new suite policy, that forbids any "standees" on bus es. Me said it is taking time to shift buses around as needed. The suite is providing two regular buses, an additional bus equipped lor wheelchair use ami 60-passen ger spare buses since the system's own spares only have 48-seat ca pacity. In turn the county schools will buy the first additional bus as re quired by the suite, subbing a 60 passenger yellow bus lor the 60 passenger activity bus it had planned to buy this year. It still plans to buy a 36-passcngcr activity bus. Other Business In other business, the board: ?Expressed its pleasure at learn ing that county teachers, by what Hankins termed a "close" vote, de cided to use Senate Bill 2 supple mental pay funds lor merit pay for extra duly rather titan across the board increases for all employees. A plan must be m place by Nov. 1 . ?Authorized Hankins to appoint a committee to study a sample stall evaluation form reviewed at an ear lier meeting by board attorney Cilen Peterson and rcix'rl ba<,k "in a rea sonable length ol time. ?Approved a Saturday trip in October by school employees to a science education center in Aiken, S.C., and compiling of a directory of resources available from local businesses to math and science teachers, as recommended Tuesday by stall members named to work witli die maih/scicnee/technology center proposal and Science Alliance. Calabash Delays Hearing Due To Advertising Mix-up in I)()l (i Kli'lTKK Calabash officials were forced to postpone their public hearing on nine proposed ordi nances Tuesday night because the town failed to meet advertising requirements. Commissioner Jon Sanborn said the hearing notice wasn't advertised for two consecutive weeks, which is required by suite law. Another hearing has been scheduled Tuesday, (Jet. X, at 6 p.m. in town hall. Despite the mix-up, commissioners went ahead with their plans and fielded questions and accepted comments from about 20 people who turned out for the would-be hearing. Foremost on the minds of residents was a proposed rule to establish an architectural and landscaping control commission and an ordi nance that would regulate yard and garage sales. A planning board committee drafted the ar chitectural and landscaping rules several months ago, but they never went to the planning board for its review and approval. T.J. Morgan, who chaired the committee, said the commission's puqxise would be to make sure the town's landscaping ordinances are en forced when they are adopted. However, planning board member Anthony Clemmons said the proposal is too intrusive. "We do not, in my opinion, need a watchdog committee," he said. Clemmons said landscaping and beauiilica tion arc subjective and are best left to the resi dents of each subdivision. Resident Gordon Ragsdale asked if the town needs another committee. "How large do we want our government to grow?" he asked. "It's growing so much taster than the town is." Alter a lengthy discussion, commissioners decided to send the appearance commission or dinance to the planning board for its review and recommendations. With the planning board going through rough times, however, commissioners aren't sure whether they'll get the ordinance back in time for die Oct. 8 public hearing. Seven members of the planning board re signed Aug. 27. They said in a joint letter dial town commissioners hadn't given them the sup port or guidance they needed and there was poor communication between the two groups. In an attempt to work things out with the planning board, commissioners adopted a "statement of direction" last week and asked the planners to reconsider. Commissioners still haven't formally accepted the resignations. The only people on die planning board who haven't turned in resignations are Clemmons, Phil Marlow and Billie Mitchell, all of whom represent die extraterritorial area. Clemmons said the full planning board met Monday night and agreed to meet with the board of commissioners before deciding whether they will resign. A date for the meeting has not been set. Besides the ordinance setting up an appear ance commission, town officials also heard sev eral comments about the proposed rules on yard and garage sales. Most of the comments came from Carolina Shores residents, who said they don't want yard sales in their district. They said the town ordinance should prohibit yard sales in Carolina Shores it the communi ty's deed restrictions don't already cover it. Nobody at the meeting was sure what the deed restrictions say about yard sales, but most people said they didn't think yard sales are permitted. Tom Roberts, who manages a store in Calabash, also raised a question regarding the advertisement of yard sales. If die ordinance is approved, he said people wouldn't be allowed to put llyers in his win dows telling people about yard sales in the Calabash area. Other Business In other business Tuesday, commissioners: ? Met in executive session about 30 minutes to discuss legal matters with Town Attorney Mike Ramos. Mayor Pro Tcm George Anderson said no action was taken. ? Heard from Ramos that a lease between the town and the Carolina Shores Property Owners Association (CSPOA) for the dump site is valid, despite an apparent violation of CSPOA by laws. The bylaws do not allow non-members to use POA property on a regular basis. Ramos said he and the CSPOA's lawyer both think the lease is valid. ?Asked the town attorney to draft a policy on street paving. Board members want a policy that would allow property owners to petition the town to have a street paved. II at least half of die lot owners on a street sign a petition, the town could pave that street and split the cost with all of the landowners. INMATE PLANS APPEAL Judge Dismisses Lawsuit Against Attorneys II Y TKKKY I'OI'K A Shalloue man convicted of murder in l')8() says he will appeal die dismissal of lus SI mil lion lawsuit filed against his defense attorneys in May. Henry Levi Pigott liled suit in Brunswick County Superior Court, accusing his court-ap pointed attorneys, Kex Gore of Shalloue and Steve Yount of Southport, of malpractice anil negligence. He claims the attorneys refused to commit him to a hospital to undergo drug testing and a mental evaluation prior to his August 1989 trial. Brunswick County Superior Court Judge B. Craig Ellis dismissed the lawsuit in a ruling last week, suiting that Pigott had failed to comply wiih the rules of civil procedure and hail failed to suite a claim upon which relief can he granted Pigott had asked lor SI million, S5C K ).( K X) for loss ol liberty and S.MHt.lXX) lor mental and se vere emotional stress and damages. Under state law, a plaintiff cannot specify die amount ol relief sought in a negligence suit, if it exceeds SK).(KK), to avoid prejudice against the defendant. On Aug. 25, 1989, a Brunswick County jury found Pigott guilty ol first-degree murder, first degrcc kidnapping, first-degree arson and rob bery widi a dangerous weapon in connection with the death of Darwin Kingsley Freeman, owner of the Anchor Lumber Co. near (insscttown. Pigott had been an employee there. Judge Donald W. Stephens sentenced Pigott to lite in prison lor the murder charge plus 130 years for the remaining three offenses. The state had sought the death penally against Pigolt, but a jury recommended life in prison on the murder charge. F'igott accused Gore and Yount of failing to pursue a legal defense where the plaintiff was mentally incapable of realizing what he was do ing on the date of the offenses. Now an inmate at the Harnett Correctional Institute in Lillington, Pigott claims he had no memory of the offenses he was charged with because of a cocaine habit. Gore is now district attorney for the 13th Judicial District, which includes Brunswick. Columbus and Bladen counties. Yount is a prac ticing attorney. In his argument, Pigott said he filed the law suit "against all odds" that he would be unable to afford a lawyer, that law libraries are no longer available to inmates and that he could not afford legal documents or btK>ks to "apprise himself with the many rules of civil procedure." The N.C. Prisoner Legal Services, under con tract with the N.C. Department of Corrections to provide legal services to inmates, refused to pro vide Pigott with an attorney, he slated. His lawsuit and accompanying arguments have been handwritten and filed with ihe Brunswick County Clerk of Court's office on notebook pa per. Prisoners should be allowed to amend lawsuits before they are dismissed on procedural grounds, he argued The system works a "hardship on the untutored pauper prisoner who seeks to prepare his own papers within a prison setting," he stated. In a motion to dismiss, Vaiden Kendrick of Wilmington, attorney for Gore and Yount, stated that both The Brunswick Beacon and I he Wilmington Morning Slur published stories siat ing that Pigott sought SI million in damages. In any negligence ease, when the amount in controversy exceeds SH),(KK), the plainti IT can seek more but must state in the lawsuit that the amount sought is "in excess of SIO.(XK)," Kcndrick argued. The law is in response to a perceived crisis in professional liability claims, and particularly medical malpractice claims, the motion suites. "It was designed to eliminate the notoriety and exaggerated publicity which arises from die til ing of complaints seeking large amounts of dam ages," Kcndrick argued. Pigott hail failed to amend his complaint, it states, and also failed to state a claim for relief on the grounds that he was innocent of the crimes, that there existed a defense that would have giv en him a not guilty verdict and that negligent ac tions caused the plaintiff's conviction. "He alleges that he was under the influence ol drugs and that he has no memory of committing the offenses with which he was charged," the motion states. "Loss of memory and voluntary intoxication are not defenses rccognized in North Carolina." Voluntary intoxication can be used to defend against premeditation and deliberation, required for a first-degree murder charge. However, Pigott was convicted of first-degree murder on the felony murder theory as well as on a theory of premeditation and deliberation, Kcndrick slated. Pigott filed notice that he will appeal the case to the N.C. Court of Appeals.