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Thorsd?V
Fired Contractor
rded $5?
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000 In Suit Aga
County
BY ERIC CARLSON
Both sides claimed victory Monday after a jury
agreed that Brunswick County breached its contract with
water system designers Houston and Associates, yet it
awarded only a fraction of the damages sought by the
firm.
Following a week of civil court testimony, the jury
took about an hour to find that the board of commission
ers was wrong when it voted Aug. 5, 1991, to terminate
its contract with Houston. It awarded the company
550,000 in damages.
Calling the verdict both "strange" and a "vindication,"
Houston's lawyer said the company is likely to ask an
appeals court to set aside the award and grant the firm
the 8396.202 it claims In have Inct nc a rpQiili of being
fired by the county.
"The jury knew that the county did wrong. It just
didn't appreciate the damage the county's action did to
this firm," said attorney Richard Evans. "There was no
evidence offered to support an award that was lower or
higher than what we requested."
Brunswick County officials took a different view. The
five commissioners were in court throughout the trial, as
r
"17ie ywry frzew that the
county did wrong \ /r jwsr
didn't appreciate the damage
the county's action did to this
V?* ' V f
firm. ... ? Attorney Richard Evans g
m SmMSnNnl ifiRSSRI ' ; I
was County Attorney David Clcgg and County Engineer
Robert Tucker. Commissioners Chairman Kelly Holden
and Commissioner Gene Pinkerton testified in the case
MnnHov
"I look at it as a victory for the county," said Holden.
"The thing to remember is that we got the water system
built despite the delays (caused by Houston and
Associates.)"
Calling the verdict a "compromise decision" and the
damage award "minimal," Clegg said the jury gave
Houston "less than one-sixth of what they asked for."
He noted that two of the four claims against the county
"/ look at it as a victory for
the county. The thing to
remember is that we got the
water system built despite the
delays. " ?Kelly Hoiden
were dismissed by Judge George Fountain before the
case went to the jury.
"The jury awarded nominal damages because it did
nm accent the figure that was claimed (by Houston")."
said Allen Singer, one of two lawyers hired to aid Clegg
in the county's defense.
Company President Jay Houston said he was "flab
bergasted" by the 550,000 award.
"I'm delighted the jury found the weight of evidence
in our favor," Houston said. "However, if the county
breached its contract, we are certainly entided to more
than that."
Evans charged that in firing Houston and Associates,
the county commissioners "got political interests con
fused with what was good for the county." He said the
decision cost the county "months of delay and millions
in additional costs."
Both sides have a month to dccide whether or not to
appeal the decision. Holdcn said he would not request
further legal action in the case.
In addition to its probable appeal, Houston and
Associates also hopes that an incoming majority on the
board of commissioners might look differently at the
prospect of defending the damage award in a higher
court. He said a new board might consider a settlement
to save the county the expense of a second trial.
"1 would hope that someone with a fresh set of eyes
might take a look at this," Evans said. "There may be
lines of communication opening that might not have
been open before."
Houston and Associates filed suit against the county
Aug. 30, 1991 after commissioners Holden, Pinkerton
and Frankie Rabon voted to terminate a contract under
which the firm was to prepare preliminary designs for
(See BOTH SIDES, Page 2-A)
SHAW CHANGES VOTE TO SUPPORT
Zoning Law Approved In Split Vote
STAFF PHOTO BY SUSAN USHE*
ELECTIONS SUPERVISOR Lynda Britt (left) reviews precinct
results with candidates Thurman Gause and Janet Pope during
the recount last Thursday as Franklin Randolph (left rear)
looks on.
Outcome Same
Following Recount
BY SUSAN USHER
Democrat Thurman Gause will represent District 1 on the
Brunswick County Board of Education for the next two years, follow
ing a recount last Thursday that left the outcome of the Nov. 3 election
unchanged.
"I'm just glad it's over," said Gause. He said he had expected to
face ? and again beat ? his Republican opponent in two years, but not in
two weeks.
The recount was requested by Republican candidate Janet Pope,
who received 10,549 votes to Gause's 10,657 votes, a difference of 108
votes.
Lynda Britt, supervisor of the Brunswick County Board of
Elections said the recount had found "just what we'd expected, nothing
of consequence." Gause picked up eight votes and Pope lost four, for a
net gain for Gause of 12 votes.
Generally the adjustments came in reviewing ballots that voting
machines could not read for one reason or another. Britt said the recount
was a learning experience for both candidates as they saw the variations
in how voters had marked their ballots and how election officials han
dled those ballots.
In a telephone interview later, Pope said that Gause and the other
two candidates who won election "will either become part of the solu
tion or part of the problem," and that if they opt to maintain the status
quo they will become the latter.
"I don't plan to go away," she said, noting that the concerns that
prompted her to run still exist. However, Pope said she's excited about
the new superintendent of schools and the "possibilities that exist for re
al change, change for the better, not more of the same."
Pope qualified for a recount under a statute adopted by the North
Carolina General Assembly in 1988, said Britt. It allows a candidate to
qualify for a recount on request if the difference between the number of
votes received by that candidate and another is 1 percent or less of the
total votes cast in that race. In the Popc-Gause race, for instance, even if
the difference in the results had been 202 votes, Pope would still have
been eligible for a recount.
Before passage of the law, a caiiuiuaic iiau to aiiege some irregular
ity or misconduct in an election proceedings in order to obtain a re
count.
On Tuesday, Nov. 17, the county elections board had to conduct a
second recount, involving the state ballot. In an N.C. Court of Appeals
race. Judge Robert F. Orr had defeated Judge Anthony M. Brannon by a
margin of less than 5,000 votes statewide. Brannon sought the recount.
Britt said the notice of this second recount came to late to schedule
it at the same lime as the recount involving the local ballot.
Including elections board members and staff members, 10 people
were involved in the recounts, at a cost of approximately $840 a day,
said Britt.
BY ERIC CARLSON
The long-awaited county zoning
law not only got final approval
Monday night, but it gained ihe sup
port of a Brunswick County com
missioner who openly opposed the
draft ordinance at an earlier meeting
and voted against it in a first read
ing.
Changing sides on the issue was
Commissioner Donald Shaw, who
joined Chairman Kelly Holden and
commissioners Gene Pinkenon and
Jerry Jones in a second vole to enact
the zoning law. Commissioner
Frankie Rabon voted against the or
dinance, as he did at a first reading
Nov. 2.
In another split vote, the board of
commissioners voted to approve a
county-wide leash law. Rabon and
Pinkerton voted against the ordi
nance.
Because the vote was not unani
mous, the leash law must pass a sec
ond reading, leaving a final decision
to the three newly elected commis
sioners who will lake office Dec. 7.
If he maintains his position,
Shaw's support for the zoning law
reduces the likelihood that the in
coming board will vote to repeal it.
Shaw and Jones will retain their
seats. Commissioners-elect Don
Warren and Tom Rabon have said
they would not vote to throw out the
ordinance. Wayland Vercen has said
he would support repeal of the law.
Asked to explain his change of
position on zoning, Shaw said that
"about 100 things had changed in
the law" since he announced at an
earlier meeting that he could not
support the ordinance as drafted.
"1 made my stand and that
brought forth a lot of changes,"
Shaw said. "It seems that with ail
the new changes, more people are
willing to accept county-wide zon
ing. I have to represent a majority of
the people."
Rabon called the zoning issue "a
done deal" and said people "need to
accept it and go forward." He said
he has not changed his opinion that
county zoning is needed only in
tourist-oriented areas south of U.S.
17.
"You don't need to be telling peo
ple in the rural areas how to use
their land," Rabon said. 'Tourists
aren't going to go to Exum. They're
going to the beach."
While he was pleased to see the
modifications made to the law dur
ing months of joint workshops with
the planning board, Rabon said he
still could not support the law. Still,
he said he did not feel the zoning or
dinance should be repealed.
"A lot of work and time and ex
pense went into it. They've got a
right to change it, but 1 don't feel
they should rcpeai it i don't think
that would be a wise move." Rabon
said.
The zoning law goes into effect
July 1. At the request of County
Planner John Harvey, the board
agreed to adopt an interim policy for
handling requests to amend the law.
Rabon voted against the plan.
The measure imposes a S100 fee
for each application to modify the
ordinance or the map. Harvey called
the price "standard ' and said it was
needed to help pay the cost of re
quired public hearings, advertising
and mailings to notify affected prop
erty owners.
In a first step toward implement
ing the zoning ordinance, the board
appointed four of five members to
the county's first zoning board of
adjustment. That board will hear re
quests for changes to the zoning law
and make recommendations to the
commissioners.
As agreed at an earlier meeting,
each commissioner nominated a res
ident of an unincorporated area of
his district to sit on the adjustments
board.
Holdcn nominated Nick Newton
as the District 1 member, jones sug
gested Graham Justice for District
2. Vinkciton chose Richard Marshall
from District 3. Shaw named John
Wright Butler to represent District 5.
Rabon said he did not have a nomi
nation, but would offer one at a later
meeting.
In other business the board:
?Reappointed all expired-tcrm
members of the Brunswick County
Airport Commission, The Bruns
wick Hospital Authority and the
Utility Operations Board. The com
missioners appointed Dr. Brad Kerr
as the board of health veterinarian to
replace Dr. Bill Rabon, who is un
able to serve another term. All other
members were re-appointed.
(See ZONING, Page 2-A)
Holden Beach May Up Water Rates
For Homes Overusing Septic Tanks
BY DOUG RIITTER
A Holden Beach committee is
studying a proposal to "accelerate"
water rates for homeowners who use
more water than their septic tank
systems aic designed to handle.
The higher rates would be a type
of penalty for overloading septic
systems and causing pollution, said
Sid Swarts, a town commissioner
and chairman of the wastewater
management committee.
"If you put more water in the sep
tic tank than it's made for you get
more pollution," Swarts said follow
ing a meeting of the committee last
Friday. "That's the people we're try
ing to control."
Holden Beach reads water meters
every three months and bills cus
tomers S36 for the first 6,000 gal
lons and SI. 50 for each 1,000 gal
lons beyond 6,000.
If the accelerated rates are ap
proved, Swarts said the SI. 50 charge
for each extra 1,000 gallons would
be increased. Committee members
haven't settled on a higher figure.
Swarts said the town would plug
septic system data for each house into
its computer to help determine if the
homeowner uses more water each
quarter than the wastewater system
can handle.
As an example, S warts said a
house with a four-bedroom septic
tank is designed tu handle i'p to
43,200 gallons of wastewater every
three months. If the owner of a four
bedroom house uses more than
43,200 gallons in a quarter, the town
would charge a higher water rate for
any excess usage.
S warts stressed that people who
don't use more water than their sep
tic system can accommodate would
not face any increase in water rates.
"We want to make sure if you're
not abusing your septic system
you're not overcharged," he said.
S warts also said the committee is
trying to figure out how the town
could make exceptions for people
who own swimming pools or water
their lawns frequendy. They might
use more water than their septic tank
system can accommodate, but not all
of the water goes into the system.
Swarts said the plan to accelerate
water rates has not been completed
or approved by the committee. "This
is what we're discussing. All we do
is recommend. We're shooting to
have it to the commission by
December 7."
Swarts said he's not sure how
many iiumcuwnci* mi Koidcn Beach
would be affected by the higher
rates if they are approved.
"Percentage wise, it would be just
a guess, but 1 don't think there
would be that many because most
people don't overload the system,"
he said.
Town commissioners indicated at
a recent meeting that they would be
open to the idea of accelerated water
rates to control the abuse of septic
systems.
Earlier this year, however, com
missioners rejected an ordinance
proposed by the committee that
would have prohibited the "false ad
vertising" of homes for sale or rent
on the island.
The proposed rules would have
made it illegal to advertise that a
house has more bedrooms or can
sleep more people than its septic
system is designed to accommodate.
Most systems are built for two peo
ple per bedroom.
Tl ? I * r* \ - * K I ? _ |
i iidnKSg IVii ly v-iO^i ilyS inOicG
Local government offices and schools will close for
one or more days in observance of the Thanksgiving
holiday next week.
The Brunswick County Government Center at
Bolivia and the Calabash and Holden Beach town halls
will be closcd Thursday and Friday, Nov. 26 and 27.
Town halls at Sunset Beach, Ocean Isle Beach and
Shallotte will be closed Thursday only, as is the case
with local financial institutions.
Tuesday is the last day of class for students in the
Brunswick County Schools bccausc of a teacher work
day that day. Schools and the central office will be
closed Thursday and Friday.
At Brunswick Community College, the last day of
classes for students is Monday, Nov. 23. Students
won't return to campus until the start of winter quarter
on Dec. 2, following registration from 10 a.m. to 7 p.m.
Dec. 1.
BCC offices will be closed Thursday and Friday,
Nov. 26 and 27.
Television Listings ....8-9C
Beacon Publishes
Early Next Week
Because of the Thanksgiving
holiday. The Brunswick Beacon
will publish a day earlier next
week and all advertising and
news deadlines will be a day
earlier.
All real estate advertising
must be placed by 5 p.m.
Thursday, Nov. 19, and classi
fied advertising must be or
dered by noon on Monday,
Nov. 23.
The newspaper will be avail
able in racks and at dealer loca
tions Tuesday. Mail subscribers
in Brunswick County should
receive their paper on
Wednesday. Other subscribers
should get their papers about
the same time as usual since
post offices will be closed for
the holiday on Thursday, Nov.
26.
The Beacon office w ill be
closed Thursday, Nov. 26.