The Daily Times from Salisbury, Maryland • 3

1 Salisbury, Md.Fri., Apr. 13, 1979 THE DAILY TIMES -3 TV Group Seeks New Hearing following a letter written by MDV attorney K. King Burnett which states the possibility of a conflict of interest by one of three board members present during the February 22 hearing which resulted in the television station being denied a special exemption to build a tower in a primarily agricultural section on the county bordered by Snethan Church and San Domingo Roads. The letter addresses the fact that the land on which MDV television seeks to locate its transmitting tower is near property owned by board member Louise Harcum. Mrs.

Harcum, wife of county dairy farmer Blan Harcum, denied in a telephone interview that her property is within 3,000 feet of the proposed tower site as outlined in Burnett's letter. "It is in the area," she said. "It isn't too far away but I don't believe it is that close. I don't see that it is any reason for me to disqualify myself anyway. One of the ideas of setting up the board was to get people from all parts of the county.

My decision was based on what to me was By GLENN TOLBERT Of The Timet Staff The chairman of Wicomico County Board of Zoning Appeals said today that consideration of a rehearing on whether or not to grant MDV Television a special exception to build a 1,018 foot transmitting tower on an 88 acre site in the western portion of the county was being "worked on" following a denial of the permit in mid March. The five member board is currently being polled, according to Max Hughes, the obvious fact that people did not want the tower in the area." ATTACHED TO Burnett's letter is a county tax map which outlines the Harcum property and which, according to the letter, indicates the Harcum property is well within the ''general neighborhood" as to which the board bases its findings. Mrs. Harcum was one of three of the five member Board of Zoning Appeals at a public hearing held February 22. Attorneys representing MDV 2T fit ml "-fi Inr Price Trial Declared Mistrial A circuit court .275 jury here rcent by weight of alcohol deliberated until the early mor jured three persons in his car as well as Price.

William A. Clarke III, Price's attorney, produced one witness who said Price's truck passed him on the overhead bridge that night. The witness, Robert Lloyd of Salisbury, said Thursday that as he drove down the bridge he saw Steininger's red Nova pull out from either Bridgeview Street or a service station on the right hand side and drive into the path of Price's truck. Price, 34, who lived on Carolyn Avenue before being imprisoned in the Penitentiary for a parole violation on a robbery conviction 14 years ago in Baltimore, faced charges of manslaughter by motor vehicle and homocide by motor vehicle while intoxicated by alcohol. A conviction could have brought a three-year jail sentence and permanent revocation of his parole.

Price, who had set up his own home improvement business since moving to Salisbury in the early 1970s, had served seven years of a 23 year sentence before being paroled. He testified Thursday that Steininger's red Nova pulled in front of his truck and that he turned sharply to the left before striking the car. Price also said he had drank five beers shortly before the accident, but wasn't intoxicated at the time. Appearing as a prosecution witness, a doctor at Peninsula General Hospital Medical Center had testified that Price appeared intoxicated when he was brought into the emergency room. Hickson also introduced evidence that showed a blood test taken on Price measured outlined proposals at the hearing for the future of the site, which would provide transmission for television channels 47, 38 and 64.

According to minutes of the hearing, protesters aired fears that the tower would cause problems ranging from interfering with their television reception to one man who said he feared microwave radiation would possibly cause "high ab-sorbtion rates" in A petition with 133 signatures was presented opposing; the location of the tower. i The petition is also mentioned in Burnett's letter seeking a rehearing and is described as being signed by "persons living or owning property miles aay from the subject property." The letter further states that those opposing the tower site met at Mrs. Harcum's home and discussed the matter prior to the board's decision "giving rise to a suggestion that her decision could be based on opinions or facts dttier tnan" those presented at the hearing or in the record." "THERE IS no question that -people met here to discuss the television tower," Mrs. Harcum told the Daily Times. "All I did was serve refreshments to a half dozen people who were concerned over the matter and requested more information on the tower.

I was just supplying them with information provided by the company which I as a board member had access to and which they did not," she said. "They're going to great lengths to knock me out of the decision making," she said. Mrs. Harcum was appointed to the Zoning Appeal Board in -January, replacing recently elected County Councilwoman Betty Gardner. "The meeting was my first night sitting on the board.

I moved denial on the grounds that it was so heavily opposed. I have done nothing wrong. My interest is in good government and in representing the she said. Mrs. Harcum said today that she had voted in favor of a rehearing because at the original hearing, only three of the five members of the board attended and because the public "hadn't been suitably informed of the situation." In his instructions to the jury, Pollitt said state law says a person is intoxicated on a measuring of .15 or more.

Lloyd, under cross examination by Hickson, admitted that he initially told police and Fire Chief Frederick Williams that he did not witness the accident. Two of the three prosecution witnesses who said they saw Price's truck go out of control from a nearby service station, said they had been friends of Steininger. A third prosecution witness said he saw the crash from a parking lot several blocks away after the red Nova passed him going north. ning hours today, but was unable to reach a verdict in the trial of Richard L. Price, indicted on charges of manslaughter by motor vehicle.

Judge Richard M. Pollitt declared a mistrial after the jury foreman said at 1:45 a.m. the panel of seven men and five women was deadlocked. The hung jury had deliberated for more than 10 hours. Pollitt had called the jury out at about 7 p.m.

and 10 p.m., with the foreman saying both times he believed the jury would reach a verdict. The jury was faced with weighing conflicting testimony given during the two-day tgrial. Witnesses called to the stand by Assistant State's Attorney H. Michael Hickson said they saw the pickup truck Price was driving south on North Salisbury Boulevard at 10:15 p.m. last Dec.

23 swerve out of control to the left and strike a car coming the other way in the northbound passing lane of the four-lane road. The collision killed the car's driver, 19-year-old James Steininger of Salisbury, and in- GRIEF. Two unidentified men embrace in grief after learning the body found in the wreckage of the church, background, was that of the church secretary. A deadly tornado struck Wichita Falls, Texas, Tuesday leaving at least 41 dead and causing millions of dollars damage. (AP Laserp-.

Funeral Services Hourly Tornado Survivors Begin Clean Up Of Community Brother Keeps Princess Anne Man Out Of Jail Daily Log A Princess Anne man threatened with a five year prison term for violating his probation was saved from incarceration Thursday by his brother, who promised to pay more than $2,250 in overdue fines. George B. Gordy, 30, a convicted cocaine handler who told Circuit Court Judge Alfred T. Truitt Jr. that love, truth and friendship were now the important things in his life, had violated his probation by falling behind on his $175 monthly payments.

The installments were ordered to pay a $10,080 fine im-posted in 1977 when Gordy was convicted of conspiracy to distribute cocaine. Gordy, who said he started his own car body repair shop three weeks ago, had also failed to appear in court for almost the past year, according to a probation agent. Carrying a small Bible into court, Gordy told Truitt he had become a religious man and had discovered that drugs were evil. "I asked Him to help me and He did help me," Gordy said. But Truitt told Gordy there were only a few options available to the judge and indicated he would impose the suspended five year sentence if Gordy didn't make up the back payments.

After a brief recess, Gordy's older brother, William, said he would pay the $2,250, adding, "I want some discipline instilled in his so this thing stops ricocheting in and out of court." William Gordy also said he wanted his brother to take a "regular 40 hour a week job if he fell behind on the payments again. State's Attorney Richard D. Warren told Truitt he was not "pushing for incarceration if he (Gordy) can make up the arrearage." He also noted that Gordy had turned himself in. According to the probation agent, Gordy had paid $1,075 of the $10,080 fine, making his last payment on April 17, 1978. WICOMICO ALARMS Thursday 8:42 a.m., 526 W.

Isabella chimney fire, Salisbury responded (Station 1). 2:02 p.m., Route 313, log truck ire, harptown responded. 10:40 p.m., Lake and Morris Streets, grass fire, Salisbury responded (Station 1). SOMERSET ALARMS I WICHITA FALLS, Texas AP) This North Texas community's two funeral homes were booked with hourly services today as relatives buried the 44 persons killed by the tor-iiado that wiped out a 12-square-milearea. One funeral home was so packed it could offer only graveside memorials.

-we feel the people have been enough," said Bob Mason, funeral director at Owens-Brumley Funeral Home. just looks like having graveside services would take pressure off these families." An estimated 20,000 of this city's 96,000 residents were left homeless by the tornado that -raked the Texas-Oklahoma bor-'der Tuesday, leaving 15 other persons dead in Lawton, -and Vernon and Harrold. Texas. President Carter declared Wichita Falls a disaster area Thursday. Federal and state officials planned to open disaster 'assistance centers in the city Saturday.

American Insurance 'Association adjusters estimated insured damage at $204 million 'in Wichita Falls, while losses in Lawton were put at $13 million. Red Cross volunteers predicted 90 percent of the devastated structures were insured. Richard Balnicky, Red Cross director of damage assessments who flew here from California, said the vicious twister destroyed more than. 6,400 homes, 150 mobile homes and 1,100 apartment units in Wichita County. "It is incredible that that many people are homeless," said Balnicky.

"We kept hearing about it out there in California I and we just couldn't believe it." Meanwhile, a new swarm of tornadoes hit widely scattered sections of the country Thursday, bringing high winds and heavy rains to Mississippi, Alabama and Michigan. Three tein-age sisters were swept to their deaths in Louisville, when they tried to follow their mother from their flooded home. In Wichita Falls, a steady rain fell Thursday night on the gaping holes that once were homes. Workmen restored power to the city Thursday and cloudy brown water began flowing through pipes although residents were arned to boil it. Throughout Thursday bulldozers scrapped the rubble into heaps and caravans of pickups streamed from the area, loaded with battered furniture, mattresses and clothing.

But by Wednesday afternoon, Balnicky said, all survivors had "a place to sleep and three meals a day." National Guardsmen strictly enforced a 7 p.m.-to-6:30 a curfew on the disaster site. Authorities said 20 persons had been arrested for looting since the tornado struck. Restaurants and convenience stores in the city shutdown early so employees could be off the street by the9 p.m. curfew in effect for the rest of city. "Most of the people who come in here are still so stunned they can't even think of what they need," said volunteer Jamie Henderson while sorting clothes at Midwestern State University's coliseum.

"Our house wasn't even damaged and it's just three blocks from the worst of it. Sometimes, you go home and you realize you could just sit in your house and forget it ever happened. It makes you feel guilty that yours is okay." St. Alban's J. PAUL AUDET, president ot MDV, said in a telephone, interview from his Bethesda office that not getting a permit to build the tower on the 88 acre site was "a pretty serious setback" to his company.

"This' could set us anywhere from 60 days to eight months," he said. DuPont Nominates Baxter For State Cabinet Post Thursday 2:15 p.m.. West Post Office Road, truck fire, Princess Anne responded. WORCESTER ALARMS Thursday 11:32 a.m., 44th Street, car fire, Ocean City responded. 8:14 p.m., Bird Nest Drive, house fire, Ocean Pines responded.

Friday 2:13 a.m.. Admiral Avenue, house fire. Ocean Pines responded. DORCHESTER ALARMS Central Alarm reported no calls. SUSSEX ALARMS Thursday 12:41 p.m..

The He and She Shop, building fire, Rehoboth Beach responded. Friday 12:49 a.m., Route 9, vacant chicken house fire, Georgetown responded. VIRGINIA ALARMS Friday 8:11 a.m.. Route 13 at Riggins Trailer Park, trailer fire, Ex-more responded. Noting that he would prefer a "neutral person" to fill the cabinet post, Adams said Baxter met one important qualification in that he had a first hand knowledge of the farming business.

Baxter and his wife Ruth live on their farm covering more than 2.000 acres near Stockley. They operate Baxter Farms a farm machinery business and raise poultry and grain. He is director of the Delmarva Poultry Inc. and is a past president of the Delaware Farm Bureau. Baxter also holds memberships in the Georgetown-Millsboro Rotary Club, the Sussex Memorial VFW Post and Grace United Methodist Church in Georgetown.

The department of agriculture is the smallest cabinet post and serves basically as a regulatory agency that inspects crops, poultry, livestock and dairy products. The secretary's post pays $22,500 per year. Service Set For Tonight St. Alban's Episcopal Church, St. Alban's Drive, will hold a special service tonight in observance of Good Friday.

A service of Tenebrae and stripping of the altar will be held On Easter Sunday, holy communion and a sermon will be presented at 10:30 a.m. Thefts Net Man 15-Year Term GEORGETOWN James H. Baxter an unsuccessful 1978 U.S. Senate candidate, was nominated by Gov. Pierre S.

DuPont Thursday as Delaware's new Secretary of Agriculture. If confirmed by the State Senate, the 55-year-old Stockley agri-businessman will become the first Sussex Countian to serve on the DuPont cabinet. Following a meeting with the governor, Baxter accepted the offer to replace William E. Mc-Daniel who announced his resignation several weeks ago. Long active in Republican Party politics, Baxter lost in his U.S.

Senate bid last November against Sen. Joseph R. Biden Jr. He is a former Sussex County Republican Party Chairman, served as county recorder of deeds from 1966 to 1974 and was a member of the 1976 Republican National Party's Committee on Agriculture and Economics. DuPont said that Baxter's understanding of people, his farming background and understanding of the workings of government qualified him to become the states next secretary of agriculture.

However, at least one key Sussex County legislator, Sen. Thurman D. Adams, D-Bridgeville, believes Baxter could have trouble being confirmed in the state senate. Baxter's involvement in the past with farm groups and the fact that he recently completed a heated campaign for the U.S. Senate could hurt his chances for confirmation, Adams remarked.

Delaware Briefs Utility Rate Hike Approved WASHINGTON (AP) The Federal Energy Regulatory Com-' mission has approved a rate hike settlement between Delmarva Power Light Co. and three electric cooperatives. I The co-ops, located in Delaware, Maryland and Virginia, are Uie company's largest wholesale customers. The settlement increases the utility's revenues by $2.5 million or 64.3 percent of the rate hike proposed last May. Shellfish Leases Protested DOVER (AP) Commercial fishing interests have gone to court in attempts to regain Indian River Bay shellfish bed leases canceled by the state.

Fishing rights were cut off this year because of a state law ban- ning shellfish leases until the state adopts a shellfish! management plan, which is currently awaiting General Assem-', bly action. The suit, filed in Chancery Court in Dover, contends that the law prevents granting new leases, but does not prohibit renewal of old ones. Motorcyclist Gets Damages WILMINGTON (AP) A Newark motorcyclist, injured in an accident, has been awarded $215,000 in damages by a Superior Court jurv. Mark Timko had filed suit against Thomas Smith and his em- ployer, Delaware Trust Co. I Smith was driving a car which had been repossessed by the bank at the time of the accident, according to testimony.

Timko suffered a compound fracture of the right leg and needed five operations. Delmar Gets $617,600 To Improve Water System Easter Weekend Activities Set malicious destruction, auto theft and grand larceny. The guilty findings were returned by a six-man, six-woman jury Tuesday. State's Attorney Richard D. Warren, who prosecuted the case, asked.Pollitt to impose the maximum prison time.

"I think that, quite frankly, the man is irreversibly on a path that can only lead to- a life of crime," Warren said. Mosley was convicted in connection with the Dec. 8 theft of over $7,879 worth of equipment from Lewis Steel Products Co. Inc. on North Salisbury Boulevard.

He was also found guilty in the Nov. 21 stealing of $5,719 in tools taken from Bridge Logging Co. Inc. on Pine Knoll Terrace. Mosley is also facing trial May 1 on other theft charges.

A Fruitland man, tears rolling down his face, was sentenced to 15 years in prison Thursday for breaking into two industries bere and taking more than $13,000 worth of equipment. Randy K. Mosley, 20, of the Bohnak Trailer Park, told Judge Circuit Judge Richard M. Pollitt he had tried to stay out of trouble the past 12 years since being paroled on another larceny conviction. The judge, saying he had seen Mosley in and out of court "for-quile a while now," observed the attempts to rehabilitate Mosley had failed and were likely to fail in the future.

Mosley, who had been held in the county jail sinced his arrest Dec. 11, faced a maximum 45 years in prison on convictions of breaking and entering. Audet described himself as a broadcast engineering consultant who first worked with television when he became an NBC broadcasting engineer in 1949. "I was looking to establish a station as close to home, as possible. I couldn't do it here (in Bethesda).

The only reason Salisbury has had only one station this entire time has been because of the rather whimsical attitude of the -Federal Communications Commission. "We have an option on those 88 acres for a transmission tower and would have been digging ground for it by February 23 had we received the permit. Our original idea was to be' in operation for the fall network season," he said. The board of zoning appeals based its -decision to deny' a special exception for the land, designated as agricultural -rural residential, partly because "the proposed use of this property for the operation of a broadcasting tower in relatively close proximity to residents in the immediate and surrounding area could have an adverse effect on the health and welfare of their families' and livestock." The board's decision, dated March 15, also cites an "adverse effect on the value of property and therefore be detrimental to the use of and development of adjacent property and the surround area." According to minutes of the administrative meeting, the motion to deny the special exception to MDV came from Mrs. Harcumm.

Board chairman Max P. Hughes voted for denial. Board member Richard E. Holloway voted against denial. The only commercial television station currently on the Lower Shore is WBOC.

According to information MDV supplied to the Wicomico County Board of Zoning Appeals, the proposed tower, two television antennas and a building to house equipment would total $1.5 million in assets. MDV claims the-construction of the tower would add an ininitial payroll of $500,000 annually to the area since plans call lor the hiring of two-thirds of their employees td be sought from the area. Channel 64 in Seaford, would also use the tower for its transmitting antenna. That channel would be activated by the Delaware Citizen's Committee primari1" to rebroadcast the educational and public broadcast programs originated by channel 12 in the Wilmington Philadelphia area. Max Hughes, chairman of the zoning board of appeals, said today that "no official answer would be available until Monday" as to whether or not the board would schedule a rehearing.

Burnett's letter to the board says MDV wishes to present new evidence. It also states the application is unusually significant because "it is of considerable importance to every household in the county with a television set." and a visit for the kids from the Easter Bunny and his friend Mr. Easter. According to a chamber spokeswoman, silver dollars will be given away at the conclusion of the pageant. At 8 p.m., the chamber will host the Maryland Ballet to conclude the day's festivitites.

The Rehoboth Beach Chamber of Commerce is sponsoring its annual Easter Promenade featuring awards in numerous individuals and Rroups categories for best apparel. Musical entertainment will be provided by local favorite "Scot-tie" and the internationally known "Mack and his Marionettes" troupe. Births People across Delmarva are expected to be out in full force this weekend as an April Easter holiday signals the beginning of spring activities for many. Churches in most com-munitites have been preparing for the end of Lent by holding various services in observance of Maundy Thursday and Good Friday. Crosses draped in black, the sounds of hymns in the air and Holy communion helped mark the services for Christians worshiping in area churches while their Jewish counterparts began celebration of Passover holiday Wednesday night.

Salisbury's. Ministerial Association coordinated an 11.30 a.m. community service today at the Wicomico Presbyterian Church. Pastors and laymen from several area churches spoke to the worshipers on the theme of "The Seven Words From the Cross." Numerous Easter Sunday sunrise services have also been planned around the area in addition to the regular worship services. The seaside resorts seem to be the place to go for recreation diversions, with Ocean City leading the list with numerous activitites.

Saturday, the Ocean City Lions Club has scheduled their annual Third Street ballpark Easter egg hunt and chicken chase at 1 m. Also slated to begin Saturday and continue on Sunday is a free arts and crafts fair at the Convention Hall. The Ocean City Chamber of Commerce has also booked the Convention Hall for a full day of activities Sunday beginning with a 6 a.m. sunrise service. Later- in the day, an Easter pageant featuring the Shelley and Dee singing duo, a Hansel and Gretel play performance pansion will include drilling a new 500 gallon well and building a 300,000 gallon storage tank.

Because Delmar is located on Uie Maryland Delaware line, the town technically will be receiving two grants and two loans. The announcement of the grant was also made by Rep. Tom Evans of Delaware. The Man-land side will receive $432400 in loans and $372,400 in grants; the Delaware side will receive $284,600 in loans and $245,200 in grants. Once the system is upgraded, the town will have met all requirements of the Federal Water Safety Act, Bauman said.

The loans will be paid back over 40 years with a five percent a year interest rate. Times Washington Bureau WASHINGTON A $617,600 grant will be approved for Delmar this week by the Far-' mers Home Administration to I upgrade and expand the municipal water system. Accompanying the grant, which will be officially an- nounced Thursday, will be $717,000 in low cost loans also for the project. Rep. Robert E.

Bauman (R Md. said the money will permit expansion of the system into areas of the town where low in- come and minority group families now live without the benefits of the municipal system. Bauman. who sent a letter of support for the grant to the regional FHA office, said the ex Thursday Peninsula General Hospital Medical Center. Mr.

and Mr. Donald H. Heyne, Parsonsburg, Mr. and Mrs. Gary Woodell Hitch, Woodview Square, sons; the Rev.

and Mrs. Stephen S. Smith, Mardela, a daughter. Beebe Hospiul, Lewes. Mr.

and Mrs. Edwin Dorey, Frank-ford, a son; Mr. and Mrs. Dean Day, Lewes, daughter. Lottery, Weirwood Child Killed WILMINGTON, Del.

API The winning number drawn Thursday in Delaware's Daily known. Fire and rescue units from the Exmore Volunteer Company responded to the 8:11 am. blaze at mobile home in Riggins Trailer Park on Route 13 No further details were immediately available, the sheriff's spokesman said. WEIRWOOD A two-year-old child was killed this morning in a fire here which destroyed a mobile home, the Accomack County Sheriff's Office reported. A sheriff's department spokesman said the child's identity was not immediately Numbers lottery was: 122.

No lottery drawing will be held Friday. BALTIMORE (AP) The winning number drawn Thursday in Maryland's Numbers Game daily lottery was: 133. FLOWER SALES. The Salisbury Kiwanis Club is selling Easter flowers at the Salisbury Mall this weekend as part of its annual fund raising campaign to aid underprivileged children. Flower sales co-chairman John B.

Robins IV, left, exchanges an arrangement of white mums for a donation from Sue Merrill of Delmar. Md. (Times Photo).