How You Can Help
Eggs are essential and economical for holiday meals and treats. 10A
Whether it is collecting toys for the Christmas Bureau or donating to a charity, you can help. 5A
December 9, 2009 • 50 cents
WEDNESDAY Rain likely
High: 67 Low: 37 Complete report: Page 10A
Betty Clay Angela C. Kelly Amanda Singleton Phyllis Torrioni
Your county• Your news•Your paper
Appeals Court voids growth limit BY JASON deBRUYN
MONROE Developers have been freed from paying extra fees for growth. Judge Christopher Collier with the N.C. Court of Appeals declared Union’s Adequate Public Facilities Ordinance, or APFO, void and the county might have to pay back any fees collected. “This is a black day for Union County,” said former County
Commissioner Roger Lane, who was on the board that passed the ordinance. “I’m saddened by the decision.” Developers had the opposite reaction. “It’s a success for the property owners of North Carolina and Union County,” said Steve Nash a local developer who also serves on the Homebuilders Association. He called the APFO “extortion fees,” that were illegal. Thrice, in 1998, 2000 and 2005,
the Union County Board of Commissioners sought approval from the N.C. General Assembly to impose school impact fees on developers. Commissioners argued that the tax revenue generated from the new properties did not cover the cost to the county to build enough schools for the families moving in those houses. Commissioner Lanny Openshaw has long said that growth does not pay for itself, at least not at the current Union tax rate.
Nash said Openshaw was incorrect but that commissioners would just “throw away” any studies that proved developers were right in saying that growth does pay for itself. Furthermore, he said charging developers for growth was pinning the tail on the wrong donkey. “We just react to growth,” he said. “If we could create growth, we would go to Anson County
See APFO / Page 9A
Duke Energy rates will climb
WHO’S NEWS Traffic shift set for Highway 601
Blythe Construction has scheduled a traffic shift of southbound traffic on 601 Thursday, December 10 2009. The nearly 4 mile long shift will begin at McRorie Road and end at Hargette Road. This shift will be cancelled if there is a threat of rain and a follow up announcement will be sent. Once the shift is done, northbound and southbound lanes will be open and in their final configuration. Both directions of traffic will be narrowed to one lane throughout the length of the shift to allow placement of the final asphalt layer. Please be prepared for slower traffic on southbound 601 from 8 a.m. until about 4 p.m. while crews perform the switch.
BIRTHDAYS Best wishes are extended to everyone who is celebrating a birthday today, especially: Jan Plyler, Lindsay Moore, Kevin Helms, Leslie Cook, Dayton Cook, Taylor Polk, Brady Kilgore, Bennie Blakely Sr., Quinchaz Dominique Williams and Taveta McGill. Call (704) 261-2278 or e-mail firstname.lastname@example.org to add your names to t he list.
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State regulators agree to allow 7 percent jump
E-J staff photo by Betsy O’Donovan
Police and rescue personnel check on the driver of a car that was broadside in downtown Tuesday afternoon.
Woman injured in downtown wreck BY ELISABETH ARRIERO
Staff Writer MONROE A woman was rushed to the hospital after a truck struck her car on the passenger side during lunchtime Tuesday in downtown Monroe.
Ma Albricia Mendoza, 40, of 2301 Forbis Lane, was driving East on Franklin Street about 1:40 p.m. when she drove through the intersection and struck a Honda CRV traveling South on Haynes Street. The driver, Bobbie Hunter Poplin, 68, of 507 Sikes Mill Road, struck a
pole after the impact. Responders took her to CMC-Union when they noticed cuts on her right hand and Poplin complained of pain. Investigating officer David Godfrey said he cited Mendoza. “I talked to two witnesses who said she ran a red light and it had been red for a bit,” he said.
Councilman says farewell after 16 years BY ELISABETH ARRIERO
WAXHAW Explaining that his heart wouldn’t be fully devoted to the position if he’d stayed four more years, Commissioner Sylvester McManus said goodbye to 16 years as a commissioner Tuesday at Waxhaw’s board meeting. “It’s been quite a run, a lot of fun,” he said. “I am just totally burned out.” McManus did not seek re-election this November. Commis-
sioner Max Walker, who was not re-elected to office, was not present at the meeting. McManus noted how the world had changed since he first started on the board in 1993: in that year, a first class stamp was 29 cents, the Best Picture Winner was “Unforgiven” and his son and daughter were 7 and 5 respectively. Now his children are 23 and 21. “It’s amazing how time flies,” he said. “I know when it’s time to walk away. “
Mayor Daune Gardner applauded McManus, saying McManus had “served Waxhaw with dedication and integrity. “ McManus accepted a plaque and mug from the council before new Commissioners Erin Kirkpatrick and Brett Diller took their oath of office, as well as re-elected Commissioner Joyce Blythe. The new board voted to amend the parking regulations in the
See COUNCIL / Page 9A
RALEIGH (AP) — North Carolina regulators have signed off on a plan in which Duke Energy Corp.’s 1.8 million electric customers in the state will see their bills go up next month and rise 7 percent on average over the next two years — nearly half the increase originally sought by the utility. The North Carolina Utilities Commission approved a two-step agreement to let Duke Energy raise rates Jan. 1 by an average 3.8 percent, followed by a 3.2 percent increase in January 2011, according to the utility. Residential customers on average would pay a little more — 7.5 to 8 percent over two years. Other customers will see increases from 4.8 to 7.4 percent, Duke said. The deal, reached with the commission staff ’s consumer representatives in October and approved Monday by the full commission, allows Duke Energy to generate an additional $315 million annually through its first general rate increase since 1991. Duke said it needed the increase to keep up with inflation while investing in its electric infrastructure. “We are pleased that the (commission) recognized how this settlement balances the challenging economic climate with the
See RATES / Page 1A
Restaurants line up for liquor permits BY ELISABETH ARRIERO
MONROE In the month since it was passed, liquor by the drink has meant increased revenue and extended hours for restaurants in Indian Trail, Wingate and Waxhaw. Mark Kennedy, co-owner of SouthSiders, said he had the fire marshal at his store two days after the election to make sure he was up to code. Soon after, Kennedy drove to Raleigh to get his malt beverage permit. His restaurant was the first to offer alcohol in Waxhaw; they’ve been serving it for two weeks. “We were really ready to go,” he said. “It’s definitely improved
our bottom line, obviously.” And now, Kennedy doesn’t have to shut down his restaurant with the rest of the town in the early afternoon on weekends: he’s staying open until 10 p.m. on Fridays and Saturdays. “Last Saturday we had a live band. People just came in and had a grand time,” he said. Kennedy said he’s waiting to apply for his liquor permit until he can find a place to store the liquor bottles. For now, he has 13 beers to offer his clientele. Teresa Allen, owner of Bear’s Lair Sports Bar and Grill in Indian Trail, said she’s been able to bring back 50-cent wings on select nights because of the revenue generated from liquor sales.
She’s having a grand re-opening of her store – featuring the 50-cent wings – this Saturday. And both Allen and Kennedy have heard that people are no longer taking their money to neighboring counties. “We have many new faces that come in who have never been because they used to go to Beantown [restaurant in Matthews] or somewhere else,” Allen said. “It’s nice for people to spend their money where they live instead.” North Carolina is one of 19 states that controls the sale of alcohol. While some states control the warehousing, others actually own the stores, too. In North Car-
Businesses in Indian Trail that have applied for or received permits for on premise beer, liquor or wine include: • House Of Kabuki • K & J FOODS LLC • Jan’s Deli and Grill • Pizza Palace • El Paso Mexican Eatery • Bear’s Lair Sports Bar & Grill • Bonterra Village Market & Café • Center Ice Tavern • Genaro’s Rotisserie • Jukebox Deli & Café • New York Pizza & Pasta • Pebble Creek Golf Course • Rossini’s Italian Restaurant • Walgreen #07401
See LIQUOR / Page 9A
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2A / Wednesday, December 9, 2009
DEATHS Phyllis F. Torrioni
INDIAN TRAIL Phyllis F. Torrioni, 78, of Charlotte died at CMCMain on November 30, 2009. Services will be on Thursday, December 10, 2009 at 4 p.m. at McAlpine Terrace, 6130 Pineburr Road, Charlotte, NC 28211. She was born September 27, 1931 in Mt. Vernon, N.Y. to the late George Cenname and Matilda Denizzo Cenname. She is also preceded in death by her husband, Frank Torrioni. She is survived by her daughter, Georgeanne Golovner; grand daughter, Samantha Golovner; brother, Frank Cenname; sister, Roselyn Corry; and a niece, a nephew and great-nieces and nephews. In lieu of flowers, memorial contributions may be made to St. Jude Children’s Research Hospital. Arrangements are in the care of Heritage Funeral Home, Indian Trail Chapel. Online condolences may be left at www. heritagefuneral.net.
CONCORD Mrs. Betty Clay, 62, died Monday, December 7, 2009 at Levine Dickson Hospice House. Funeral arrangements are incomplete. Good Shepherd Funeral Home, Indian Trail, is serving the family of Mrs. Clay.
Angela C. Kelly
CHARLOTTE Ms. Angela Christine Kelly, 41, of Charlotte, died Saturday, December 5, 2009. Funeral arrangements are incomplete. Good Shepherd Funeral Home, Indian Trail, is serving the family of Ms. Kelly
KANNAPOLIS Amanda Lean Butler Singleton, 84, died at Carolinas Medical Center-Northeast on Monday, Dec. 7, 2009. Arrangements are incomplete and are handled by Clark Funeral Home.
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JFK’s doctor in Dallas dies DALLAS (AP) — Dr. Malcolm Oliver Perry II, who attended to President John F. Kennedy at Parkland Memorial Hospital after he was shot in Dallas on Nov. 22, 1963, has died. He was 80. The University of Texas Southwestern Medical Center, the teaching hospital for Parkland, said Monday that Perry died Saturday in Tyler after a battle with lung cancer. Perry was an assistant professor of surgery at UT Southwestern and a vascular surgeon on the Parkland staff when he became the first staff surgeon to treat Kennedy. In an extensive interview by the Warren Commission, which investigated the assassination, Perry recalled taking the case over from the senior resident, checking the president’s vital signs and finding none but noting a convulsive effort to breath. He performed a tracheotomy on the president while other staff doctors and surgeons gathered to help. Perry and another surgeon performed cardiopulmonary resuscitation on Kennedy until no brain activity was detected on the trauma room instruments. At 1 p.m., Kennedy was declared dead by Dr. Kemp Clark, the UT Southwestern neurosurgery chairman, from a catastrophic head wound.
“Whenever the subject threatened to come up, he’d raise an eyebrow and that would be that.” Dr. Robert McClelland
Dr. Robert McClelland was the last surgeon to attend Kennedy in Trauma Room 1. McClelland, a longtime friend and Parkland and UT Southwestern colleague of Perry’s, remembers that the shock of realizing whom they were treating faded quickly when they entered the trauma room. “At Parkland we’re accustomed, all of us are, to treating many different cases,” McClelland told The Associated Press on Monday. “Of course, it’s the president,” he said. Was it hard to put that aside? “No, not really. Everything was so rapidly happening that we were called on the peak of the moment.” Perry told the commission that the neck wound Kennedy suffered
from the sniper’s first rifle shot would likely have not been fatal. However, he testified that neither he nor Clark could tell from their examinations from where the bullets came. The vascular surgeon also was one of the doctors to operate on presidential assassin Lee Harvey Oswald, who was shot two days after Kennedy’s death by Jack Ruby. After a long career, Perry retired in 2000 as professor emeritus of surgery at UT Southwestern. But McClelland, now 80, said that after the assassination his friend never mentioned their role in the case, and that they never discussed it even among themselves. “No, we didn’t, for reasons he kept to himself. Immediately after, he had a bad experience with interviews that hurt him deeply. Whenever the subject threatened to come up, he’d raise an eyebrow and that would be that,” he said. Perry was born in Allen, Texas, a once-tiny farming-and-railroad town about 20 miles north of Dallas that is now one of the city’s fastestgrowing suburbs. He was raised by his grandfather and namesake, Dr. Malcolm O. Perry I, a general practitioner in the small town. Associated Press writer Jamie Stengle contributed to this report.
Malpractice case settlements are online RALEIGH, N.C. (AP) — Medical consumers can now check whether their doctor has been convicted of a crime, lost a malpractice lawsuit or negotiated a settlement to close a malpractice case. The North Carolina Medical Board has expanded its Web site to include the data for its 35,000 licensed physicians and physician assistants, The News & Observer of Raleigh reported Tuesday. Fewer than 1 percent, or 221, have reported malpractice payments since May 2008, the starting date for the reporting requirement. Since 2000, 2,618 have had at least one medical malpractice payment. About two dozen licensing boards in several states already publish malpractice information, medical board lawyer Thomas Mansfield said. All public disciplinary documents from the North Carolina board’s files were already online. But the regulatory
Since Christmas is a time for Remembering, we are lighting a candle in our funeral home for all the families we have served this past year. You and your family are cordially invited to our 18th Annual Holiday
board’s disclosure of more information about the background of health providers has been sought and resisted for years. Critics said the medical board had not done enough to protect people from bad doctors. The regulators pushed for a change in state law allowing it to share more information. The General Assembly in 2007 decided to require the board to publish malpractice payments, misdemeanor and felony convictions, hospital suspensions and discipline by medical boards in other states. The medical board then planned to publish all malpractice settlements and judgments going back seven years. But doctors, hospitals and their insurers and defense lawyers objected to posting older malpractice data, saying legal settlements often include legally binding secrecy clauses that would be violated. Many medical malpractice payments are made for reasons un-
related to poor medical care, said Mike Edwards, a spokesman for the North Carolina Medical Society, a trade group for 11,000 physician members. It can be cheaper for a doctor to settle a malpractice claim than fight it in court, physicians’ advocates say, so only payments that stem from poor medical care should be published. “Consumers should know that,” Edwards said. This summer, the General Assembly directed the medical board to start publicizing settlements of more than $75,000 reached since May 1, 2008. Judgments, which are decided by judges or juries after a trial, going back seven years will be posted. Payment amounts and information that identifies patients will not be published on the medical board’s Web site. ___ North Carolina Medical Board: www.ncmedboard.org
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