Newspapers / The Brunswick Beacon (Shallotte, … / May 27, 1993, edition 1 / Page 2
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WRONGFUL DEATH SUITS SETTLED Families Compensated For Tragic Bypass Wreck 11Y DOUCI RUTTER The families of iwo local resi dents killed in a 1991 highway acci dent will receive more than 5350,000 each after reaching out-of court settlements with the truck dri ver blamed for the wreck. Charles M. Lassitcr of Maysville will pay S387.500 to Hilda Smith of Ash and S362.500 to Hazel Car michacl of Shallottc under settle ments filed recently in Brunswick County Superior Court. Smith's husband, Steve Allen Smith, and Carmichacl's daughter. Misty Dawn Carmichacl, were kill ed as a result of injuries they re ceived in a fiery wreck on Nov. 1, 1991, where the bypass intersects N.C. 130. L.assitcr was driving a log truck south on U.S. 17 and allegedly failed to stop for a red light. The truck collided with vehicles driven by Steve Smith and Misty Car michacl as they were crossing the bypass on N.C. 130. Lassitcr pleaded no contest to two counts of misdemeanor death by ve hicle last May in Brunswick County District Court. Judge Jack Hooks consolidated the charges and sentenced Lassitcr to two years probation, fined him S500 and ordered him to surrender his license and perform 60 hours of community service. Families of both victims had filed "wrongful death" lawsuits against l.assiter last April alleging that the fatalities happened as a result of the truck driver's negligence. Lawyers hired by the two families negotiated separate settlements with Lassiter's attorney, Douglas F. Mcintosh of the firm Crossley, Mcintosh, Prior and Collier. Under a settlement filed May 10 in Brunswick County Superior Court, Smith's widow, Hilda, will rcccivc SI 10,031. The Brunswick County Clerk of Court will rcccivc SI78,664 "to be held for the use and benefit" of Smith's two children, Ashli and Alex. Hazel Carmichacl settled her law suit March 15 and will receive S244.810, including S5.000 for dam age to the vehicle her daughter was driving at the time of the accident. Smith's attorney, R.C. Soles Jr. of Tabor City, will receive 25 percent of the total settlement, or S98.804. Carmichacl hired two lawyers, Roy Tresl of Shallottc and James C. Fuller of Raleigh. They will rcccivc 33 percent of the settlement, or SI 22,689. "I'm glad that it's over," Smith said Tuesday. "There's no compen sation for the loss of Steve. No amount of money can replace him." The double-fatality two years ago enraged a Shallottc community that had waited two decades for the by pass. Smith was a popular business man in town, and Carmichacl was a 16-ycar-old student at West Bruns wick High School. The community responded with letters to state transportation offi cials calling for an overpass at the intersection. West Brunswick stu dents held a demonstration when Southeastern Welcome Center was dedicated last February. The N.C. Department of Trans portation has agreed to build a S3.4 million interchange at the intersec tion to make it safer. Construction is expected to begin early next year and take 18 months to complete. Prior to his sentencing in Bruns wick County, Lassitcr had been con victed of 31 driving-related charges and had had his license suspended and reinstated six times since 1973, according to court records. State Legislators Slate Town Meetings' Series Have a question, concern or re quest relating to state government? Brunswick County residents can air those questions and comments at any one of three "town meetings" scheduled across the courtly during June by local state legislators. Sen. R.C. Soles Jr. and Rep. E. David Rcdwinc, Dewey Hill and Thomas Wright arc hosting these meetings along with others in Col umbus, Robeson and New Hanover counties. The first meeting is Monday, June 7, at 10 a.m. in the board of alder man's chambers at Shallotte Town Hall; followed by a second session Friday, June 18, at 7 p.m. in the old courtroom at Southport City Hall; and Friday, June 25, at 7 p.m. in Leland Town Hall. Each session should last about two hours, but may run "as long as people want to talk," Accident Claims Life Of 11 -Year- Old An 11-year-old Waccamaw Ele- She was transported to The nicntary School honor student died Brunswick Hospital by local emer Monday from injuries received in a gency workers, and was later airlift all-terrain vehicle accident. ed to New Hanover, where she died. Amanda Lynn Lee, daughter of A sixth-grader at Waccamaw, she James Allen and Cathy Smith Lee of was a member of the school band. Ash, died Monday evening in New Funeral services will be held to Hanover Regional Medical Center day (Thursday) at 1 p.m. at Harvest after the vehicle she was driving ran Fellowship Pentecostal Holiness under the rear of a parked pickup Church. Burial will follow in the truck Monday afternoon. Smith Cemetery at Ash. I 1 HOW TO SUBSCRIBE TO THE BRUNSWICKifEACON POST OFFICE BOX 2558 SHALLOTTE, NORTH CAROLINA 28459 NOTICE: Reliable or consistent delivery cannot be guaranteed since this newspaper must rely on the U.S. Postal Service for delivery. We can only guarantee that your newspaper will be submitted to the post office in Shailotte on Wednesday of the week of publication, in time for dispatch to out-of-town addresses that day. ANNUAL SUBSCRIPTION RATES BY MAIL: Sr. Citizen In Brunswick County D6.30 J5.30 N.C. Sales Tax .38 .32 Postage Charge 3.68 3.68 TOTAL 10.36 9.30 Elsewhere in North Carolina D6.30 J5.30 N.C. Sales Tax .38 .32 Postage Charge 8.18 8.18 TOTAL 14.86 13.80 Outside North Carolina (.16.30 J5.30 Postage Charge 9.65 9.65 TOTAL 15.95 14.95 Complete And Return To Above Address Name Address City, State Zip said Redwinc. The town meetings fulfill a cam paign pledge, said Redwinc, while giving legislators a chance to hear from constituents on the issues facc to-facc. "We don't do a lot of talking at these things; we mostly listen," he said. "If someone has a problem they want to discuss with us that is relevant to state government we want to hear about it so we can help if we can." "There are no parameters. We want people to tell us how they feel about something or make sugges tions to us on how to do something," said Redwinc. If an issue is current in Raleigh, legislators may share information on it in an effort to find out how their constituents feel. STAFF PHOTO BY EHIC CAUL SON FINANCE OFFICER Lithia Hahn outlines current spending estimates for Brunswick County Commissioners Chairman Don Warren at a budget workshop Monday. Logan Says Budget Proposal Would Emergency Programs, Fire Districts (Continued From Page 1-A) arc going just as hard as wc can go right now. I don't see the advantage of getting rid of that position," he said. Under the current structure, Lcd gctt oversees the 24-hour-a-day op erations of the emergency communi cations (911) center and coordinates the activities of county EMS person nel and vehicles. As emergency management direc tor, Logan develops the plans and oversees Brunswick County's re sponse to all manmade and natural disasters and maintains an inventory of hazardous materials in local fac tories and businesses. He is the county's liaison to Brunswick's 21 volunteer fire and rcscuc squads. As fire marshal, Logan inspects build ings to assure compliance with fire codes and helps determine the cause of fires. It was in this area of responsibili ty that Logan said he asked Harvey for help in his upcoming budget. Stricter regulations drafted alter the disastrous Hamlet plant fire put ad ditional burdens on county fire mar shals. So Logan said he asked for an assistant fire marshal to do routine inspections. Instead, Harvey proposed strip ping Logan of his directorship, leav ing him in the full-time position of county fire marshal. In an interview the day after the decision was announced, Harvey confirmed that Logan had com plained of working up to 80 hours a week and had asked for some relief in the form of an assistant fire mar shal. "Since he issued a complaint of long hours and said he needed relief, 1 granted him relief," said Harvey. He insisted that the change in posi tions was not a demotion, that Logan would continue to oversee lo cal volunteer departments and that he would remain "an activc part of emergency services." But Logan said he was hurt by the move to strip him of his director's post and insisted that the fire mar shal job would keep him busy full time. He noted that with a currcnt rating of Coordinator II, Logan has more emergency management train ing than anyone in county govern ment and hopes to attain the nation's highest rating of Coordinator IV by next January. "I put in more hours than any oth er employee of this county," Logan said. "And I'm not complaining about that. But I took a big hit last week. Those were the toughest days I've spent since I came to work here." Logan said he plans to express his concerns to the county commission ers, who have rejected most of Harvey's departmental restructuring plans and arc in the process of radi cally rc-working his budget. A public hearing on the budget will held Thursday, May 27, at 7 p.m. in the public assembly hall at the county government complex in Bolivia. Representatives of local volunteer fire and rescue squads are expected to turn out in force to protest Harvey's deletion of their district al locations from the proposed budget. For the past five years the com missioners have allocated S50,(XX) to each of the county's five fire dis tricts. Representatives of the 21 de partments hold regular district meet ings and vote to appropriate the money to departments that have a special need, usually for new equip ment. Or the funds can be set aside for future big-ticket purchases such as new fire trucks, which cost at least SI50,(XX), Logan said. "Most of the departments have an average budget of S30,(XX) a year," Logan said. "They get SI4,500 (in individual funding) from the county and make up the rest with fund rais ing and contracts with municipali ties. They have to pay for fuel, train ing, light bills, heating bills and in surance?on the buildings, the vehi cles, workman's comp?and that's mandatory. "Without the district allocations, they'll have to come back to the commissioners every time they need equipment," he said. Calabash Sued Over (Continued From Page 1-A) mil bccausc he could not supply enough parking spaces for the shops. Del Re claims he told Schaack that he would hire an engineer to es timate the parking needs and to de velop a plan that would comply with town ordinances. "Schaack stated that he was in fact an engineering consultant and felt confident that he could devise a plan that would be suitable for the town and would be passed," the suit states. "Schaack stated that his hourly rate would be S30 per hour." When Del Re said he would have to consult his other stockholders about such an arrangement, the suit claims that Schaack "slated that S30 was not much considering what at torneys get and hour and asked mc my hourly rate." The suit says that Del Re called Calabash Commissioner George Anderson and complained about Schaack "offering his services to comply with the town code," to which Anderson allegedly replied, "So?" When Del Re told the commis sioner that Schaack had required that his whcclchair ramp mcei stricter code requirements than the ramp at the town hall, the suit again states that Anderson replied, "So?" Del Re's dispute with Schaack came to a head after the March 13 storm, when the sign in front of the Shops of Calabash was lilted by high winds. Schaack sent a letter re quiring Del Re to repair or remove the sign within 10 days. The letter also asked Del Re to submit a plan, sealed by a registered engineer, telling how the sign's structural integrity would be re stored. The North Carolina State Buil ding Code states that if any sign "becomes insecure or in danger of falling or otherwise unsafe in the opinion of the building official," he or she must inform the owner to re move or repair the sign within 10 days. If not, the code states that the building inspector "shall remove such sign at the expense of the own er." According to the suit, Del Re's contractor "determined that the dam age was very minor." He was in the process of pouring concrete to rein force the sign when Schaack al Building Inspector lcgcdiy ordered them to slop work and leave. As a result, Del Re claims he was required "to hand mix over half a ton of concrete by hand to cure an unsightly condition." The suit also complains that Schaack threatened Del Re with a lawsuit and placed permanent "vio lation warnings" stickers on his ten ants' sign. Del Re's complaint alleges that these and other incidents constitute "a pattern of harassment" by Schaack, who was "acting out of the scope of his authority" and in an "arbitrary and capricious manner, enforcing the code incorrectly and illegally." It calls Schaack's actions "a trespass and illegal search and seizure" of Del Re's property. The suit seeks damages "for half completed contracting services, for injury to personal property and addi tional costs" not in excess of S10,(KX) plus legal costs. Ramos said that all or pan of any settlement of the suit would be cov ered by the town's insurance policy. He said the case would be turned over to the insurance company's lawyers. little type BIGRTSULTS Use the whether you're buying or selling. THE BRUNSWICIf#6EAC0N 754-6890 Budget Plan Is Scrapped; Board Pledges To Hold Rate (Continued From Page 1-A) Harvey's plan. Warren said the board also would review the "rather drastic cuts" rec ommended for the county's coopera tive extension program and "other department reductions, position eliminations and other restructuring" during the budget workshops. There was no mention in Warren's statement of Harvey's pro posed demotion of Emergency Management Director Cecil Logan to the job of county fire marshal. The plan calls for Logan's depart ment to be combined with Emergency Mcdical Services and headed by EMS Director Doug Lcdgett. (See related story.) District allocations for volunteer fire and rescue squads also have been deleted from the budget. Last year, the county contributed S277.832 to local fire districts. Other significant changes recom mended in Harvey's plan include de funding most organizations that have received county support in past budgets. Among the previously funded agencies that would receive no money under the proposed bud get (with last year's county alloca tion) arc: ?Long Bay Artificial Reef Association (S25.000). ?Volunteer Information Center of the United Way (S17,(XX)). ?Hope Harbor Home domestic violence shelter (SI5,000). ?Ocean Isle Airport (SI5,000). ?Southport Maritime Museum (SI 0,000). ?Brunswick County Welcome Center (SI0,000). ?American Legion baseball (S5.000). ?Miss Brunswick County Pageant (S5.000). ?Brunswick County Literacy Council (S3,500). ?Special Olympics (S3.000). ?Brunswick County Arts Council (SI,250). ?WHQR Public Radio (SI,000). ?Brunswick Amateur Radio Society (SI,000). ?Black History Program (S500). Asked if the board planned to adopt a revised budget at the public hearing. Warren said, "No. Thai's not possible." He predicted that the commissioners would hold more workshops after the hearing before finalizing the spending plan. Only one public hearing will be sched uled, Warren said. The public hearing on the pro posed budget will be held at 7 p.m. Thursday (May 27) in the public as sembly hall at the county govern ment complex in Bolivia Little Change In Forecast It's dry and it's going to stay lhai way, as little changc in the weather is expcctcd during the coming week. So far this month, meteorologist Jackson Canady of Shalloue Point has measured only slightly more than a half-inch accumulation of rainfall. "That's well below average for May or for any month," he said. A lack of rainfall with high winds and strong heat have resulted in a lot of evaporation, for an even greater drying effect Canady expects temperatures to be about normal, averaging from the lower 60s at night to highs in the low 80s during the day, with below average rainfall, less than a half inch. For the period May 18-24, he recorded a high of 85 degrees on May 18 and a low of 45 degrees on May 23. A daily average high of 81 degrees combined with the nighUy average low of 59 degrees for an av erage daily temperature of 70 de grees, about 2 degrees below aver age. He measured thirty-fivc-hun dredths of an inch of rainfall. THE BRUNSWICKfeBEACON 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 SI0.36 Six Months S5.55 KLSEWHERK IN NORTH CAROLINA One Year Si4.86 Six Months S7.90 ELSEWHERE IN U.S.A. One Year Si5.95 Six Months S8.35 Second class postage paid at Shallotte, N.C. 28459. USPS 777 780. Postmaster, send address changes to: P.O. Box 2558, Shallotte, N.C. 28459-2558
The Brunswick Beacon (Shallotte, N.C.)
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May 27, 1993, edition 1
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