Thursday, October 16, 2003 KINGS V1 Al Vol. 115 No. 42 Since 1889 Mountaineers win homecoming. | ce game over R-S 50 Cents 2B | Merger fight goes to Washington If Justice Department rules against KM, it could appeal to U.S. District Court BY ANDIE L. BRYMER Staff Writer While the fate of Kings Mountain District Schools is now in the hands of the Department of Justice, even that decision can be appealed. The North Carolina Supreme Court refused Friday to hear an appeal by the state Court of Appeals. Now the Department of Justice has 60 days from the time it is notified of the Supreme Court decision to determine if the merger violates the 1965 Voting Rights Act. If that decision is in Kings Mountain’s favor, the school sys- tem will remain independent. If the court rules against Kings Mountain, the system could appeal to the U.S. District Court in the District of Columbia, according to KMDS’s attorney Richard Schwartz. Schwartz said Tuesday he did not know when the Justice Department would be notified. Schwartz refused to speculate on what the Justice Department would decide. The mood was somber at Monday night's KMDS board meeting. “The North Carolina Supreme Court has denied our request for an appeal,” saicdt Superintendent Dr. Larry Allen. “We do not know any details at this point.” Cleveland County Commissioners voted to merge Kings Mountain, Cleveland County and Shelby City schools in the spring of 2000. The North Carolina Board of Education approved the plan on June 1, 2000. At that point, Kings Mountain District Schools filed a lawsuit against the state board of educa- tion because the merger did not include approximately 183 of its students who lived in Gaston County. When Wake County Superior Court upheld the merger, KMDS took the case to the state Court of Appeals where it was turned down. According to KMDS officials, the three year fight has cost the school system $410,720 in attorney fees. Cleveland County : Commissioners appointed two rep- resentatives from all three school boards and three at-large members to an interim, planning board three years ago. That nine-member board has been on hold since the legal challenge. It appears those board members will be reactivated if the merger occurs. George Litton, a Cleveland County Board of Education mem- ber, was named chair of the merged board in 2000. He was advised by elections officials that board members stay on that board unless they are replaced during the general election. Those board member were origi- nally acting in an advisory capaci- ty. After KMDS filed a lawsuit to stop the merger, the interim board was put on hold. Members were never sworn in. If the merger does go through, the board will be sworn. Their first action will be to choose a superin- tendent. Cleveland County Schools Superintendent Gene Moore is the most likely candidate for that posi- tion. Litton doubts administrators GARY STEWART / HERALD Dam at old City Lake GARY STEWART / HERALD A tree fell on a power line Monday morning at the corner of Henry Street and Rhodes Avenue, putting about 800 city electrical customers in the dark. The City Electrical Department re-routed power to restore it to all but about 50 of those customers within 45 minutes, but those 50 remained without power for several hours. Dam to be repaired BY ANDIE L. BRYMER Staff Writer City Lake will undergo an estimated $70,000 in repairs after state inspectors found some problems. Kings Mountain Mayor Rick Murphrey said the problems are not structural. “There are no major problems. Some seams need to be filled in with grout,” he said. Cracks in some joints and surface peeling of cement will be repaired also, the mayor said. The water level has been lowered by around six feet so engineers from Pinacle Engineering could look at the dam. J.C. Bumgardner, an engineer from the Asheville firm, described the repairs as maintenance. No time table has been established for repairs yet, Murphrey said. The lake is still open to fishing though the level will be lowered even more while repairs are made. “It will be a while before we do that,” Murphrey said. The city used City Lake and nearby Lake Davidson for its water supply before Moss Lake was built in 1974. Approximately $350,000 in repairs were made to Lake Davidson 10 years ago, according to Kings Mountain City Councilman Jim Guyton. The city is considering making enhancements at City Lake and Lake Davidson to support passive recreation though no time frame has been estab- lished. Westover may attempt to de-annex BY ANDIE L. BRYMER Staff Writer Residents in the Westover communi- ty say they may attempt to de-annex themselves because the City of Kings Mountain is not providing sewer serv- ices. The group plans to attend October's city council meeting to learn more about the reverse annexation proce- dure. FIRST NATIONAL BANK Kings Mountain Celebrating 129 Years Keith Bradley, a Churchill Street resi- dent who has addressed city council twice, says that officials told his neigh- borhood when they were annexed five years ago they would have sewer, garbage pick up, police and fire protec- tion. “We're paying $400 a year for garbage pickup,” he said. v Bradley told the Herald city taxes on his 1,900 square foot house have run between $300 and $465 annually. 300 W. Mountain St. 704-739-4782 The city receives taxes from 32 fami- lies living in Westover. This includes Churchill Drive, Westover, Washington and Ware streets City manager Phil Ponder contends that the residents are getting what they pay for - garbage pick up, police, fire and other services provided by the general fund. The city’s water and sewer department is self supporting, operating off customer payments, not from tax revenues which go in the gen- Gastonia 529 New Hope Road 704-865-1233 from Kings Mountain and Shelby will be without jobs. “I think the merged board will honor every contract,” he said. “We'll take the good people we have and mold them into a unit. I would imagine there will be enough work for everybody.” Litton admitted that tensions exists between the systems after three years of legal battles. “It’s going to be a new day. We're going to have to deal with that,” he said. : Litton praised Kings Mountain test scores. “Kings Mountain has had great success,” he said. “They're good folks. We're going to have to work together.” : Prior to serving on the Cleveland school board, Litton worked as principal at Crest High. je Schools may say no to smoking BY ANDIE L. BRYMER Staff Writer Smokers may not be able to puff away any longer at Kings Mountain High School football games. State officials are encouraging school systems to complete- ly eliminate tobacco from schools. Kings Mountain District Schools board members, directed Superintendent Dr. Larry Allen to gauge princi- pals’ opinions and report back to the board. That request came during Monday night’s board meet- ing the policy, there will no longer be a smoking area at football games. Visitors will not be allowed to use tobac- co products on any campus- es system wide. The rule also applies to teachers who are currently allowed to use tobacco in an area out of the view of students. Shelby 106 S. Lafayette St. 704-484-6200 If the board implements HOMECOMING QUEEN Across the state, 29 of the 117 school systems have totally eliminated tobacco. Gaston County is currently considering such a measure. In other business, Director of Student Services Phil Weathers briefed board members on the school’s critical incident plan. Weathers and other admin- istrators have been working with Kings Mountain Police Captain Jerry Tessneer on what to do if a shooting or other emergency happens on campus. Officials are determining where to stage public safety officials and the media, place road blocks, establish a command post, locations of emergency resource kits, helicopter coordinates and safe areas for students. Once a location for stu- dents has been established, parents will be notified. Tessneer is coordinating efforts with the Cleveland County Sheriff's Office for a GARY STEWART / HERALD Tiffany Williams was crowned homecoming queen during halftime festivities at Friday’s Kings Mountain High foot- ball game. She is the daughter of Lester and LaSundra Williams. Bessemer City 1225 Gastonia Hwy. 704-629-3906 Member FDIC .. Sei

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