The Town Council of the Town of Belhaven met in regular
session on Monday, July 19, 2004 at 7:30 P.M. in the Council
Chambers at Town Hall. Dr. Charles O. Boyette, Mayor called
the meeting to order at 7:30 P.M. with the following Council
members present: Albert Baker, George R. Ebron, Jr., Mayor
Pro-Tem; Cynthia M. Heath, James B. Hodges and Linda E.
Wilkerson. Town Manager Tim M. Johnson, Town Attorney Keith
B. Mason and Finance Director Robin J. Godsell were also
present. Mayor Boyette gave the invocation.
– Rezoning Request for 23 Acre Parcel on West Old
Mayor Boyette called the public hearing to order at 7:32
P.M. to receive public comment concerning the rezoning
of a 23 Acre parcel on West Old County Road from R-5M
(Residential 5,000 Square Mobile Homes Allowed and RA
(Residential-Agriculture) to HB (Highway Business).
Mayor Boyette recognized
the following citizens. Mr. Walt Allen, resident of 519
Water Street: Mr. Allen asked that the property owner/developer
Mr. Keith Walsh give an overview of his plans for the
property in the proposed zoning change. Mr. Walsh stated
at this time he had no specific plans other than proposing
to build a driveway which will eventually be a street
which will lead to the Belhaven Crossing Shopping Center
(Foodlion). Mayor Boyette stated that it was a necessity
to open up the roadway and facilitate access to the Post
Office and create interest in the area and access leading
Mrs. Jane Dilday, resident
of 672 Water Street asked would there be any frontage
on Old County Road. Mayor Boyette answered affirmative.
Mr. Keith Walsh owner/developer stated that there would
probably be two entrances on Old County Road.
Mr. Bob Holz, resident
of 443 E. Water Street asked if the Planning/Zoning Board
had approved the concept. Town Manager Johnson stated
yes. Mr. Bob Holz spoke again and stated that based on
his knowledge of development in urban areas that the outskirts
and the downtown cannot both develop at the same time.
He further stated that studies had been performed on these
types of developments.
Ms. Gloria Staley questioned
would Old County Road be widened as the street was narrow,
dark and dangerous. Mayor Boyette stated that the Post
Office will require improvements to the roadway.
Mr. Marion Dilday, resident
of 672 Water Street asked if the Town was responsible
for widening the roadway. Mayor Boyette stated that better
access was needed.
Mrs. Jane Dilday, resident
of 672 Water Street asked if a fence would be built with
a daycare located next door. Town Manager Johnson stated
that decision would be that of the daycare but a fence
already existed around the daycare.
Mr. Marion Dilday resident
of 672 Water Street stated that if zoning was changed
then the town would lose control of the development.
Mrs. Jane Dilday stated
that if the zoning did not change then the tract of land
would have different zoning and guidelines. Mrs. Dilday
also stated that with the downtown trying to revitalize
and the development on the By-pass that prospective businesses
would choose the By-pass due to the fresh new look compared
to an older downtown.
Beaufort-Hyde News Editor,
Ms. Carole MacKay asked if a fiberglass boat company could
be located next door. Town Manager Johnson stated that
anything would be allowed if the zoning was changed.
Holz again stated that if the town has invested in developing
downtown why change the zoning for this property out of
the downtown business district. Town Manager Johnson stated
that downtown was in the General Business District and
the property on Old County Road would be Highway Business
with some of the same businesses allowed in both zones.
Art Swords, resident of 561 East Main Street, asked if
businesses at the FoodLion Shopping Center could be located
downtown. Town Manager Johnson stated that some of the
Walt Allen stated that if the remaining property in the
Old County Road tract are developed then drainage is very
important. Town Manager Johnson stated that drainage would
be handled through planning and the permitting process.
Deb Sparrow, resident of 952 East Main Street, asked if
the zoning request could be postponed. Town Manager Johnson
stated that the rezoning issue could not be considered
for another year, if denied tonight.
Roy O’Neal, resident of 309 Tooley Street asked
if other areas could be rezoned highway business. Town
Manager Johnson stated that to rezone an area the property
to be rezoned had to be contiguous with the proposed zoning,
for example the proposed change of zoning here is for
highway business and the adjacent property is zoned highway
Holz and Mr. Dilday informed the developer, Mr. Walsh,
that they would like to see development in another area
being no further comments, Mayor Boyette declared the
public hearing closed at 8:15 P.M.
of Minutes – June 21, 2004 Regular Session
Mayor Boyette announced that the minutes of the June 21,
2004 Regular Session were open for review and adoption.
There being no corrections to the minutes, Councilman
Ebron made the motion to approve the June 21, 2004 minutes.
Councilwoman Heath seconded the motion which carried unanimously.
Kid’s Day Proclamation – August 1, 2004
Mayor Boyette read the following proclamation for which
Request – Highway Business
Mayor Boyette stated that the Council would take action
concerning the rezoning request of the property on Old
County Road which abuts the Belhaven Crossing Shopping
Center from R5-M (Residential 5,000 Square Feet Minimum
Mobile Homes Allowed) and RA (Residential Agriculture)
to Highway Business. Mayor Boyette stated that the proposed
zoning change would promote positive improvements in the
area, have potential opportunities for jobs and improve
the quality of life. Mayor Boyette further stated that
the downtown revitalization should not be affected by
the development on Old County Road. Mayor Boyette stated
that with the proposed zoning change it would also improve
the access to the post office. Mayor Boyette emphasized
that delaying this zoning change or restricting the zoning
would not be beneficial to the town and he felt that the
zoning change should be allowed.
Dilday stated that the public comment should make a difference.
Mr. O’Neal stated that another location should be
chosen for the post office as no one wanted it located
on Old County Road. Mayor Boyette stated that the Town
had been trying to get a new post office for two years.
Mr. Dilday stated that Mayor Boyette owned the property
adjacent to this property. Mayor Boyette stated that that
issue was irrelevant to the issue at hand.
being no need for further discussion. Mayor Boyette asked
for a motion. Councilman Hodges made the motion to amend
the zoning ordinance to re-zone the 23 acre tract from
R-5M and RA to High Business (HB) effective immediately
and instructed staff to complete the zoning map changes
for the Mayor’s signature. Councilwoman Wilkerson
seconded the motion which carried unanimously.
Town Manager Johnson reported briefly on the following
issues: Bridge Replacement over Pungo Creek – the
Department of Transportation has made no decision concerning
replacement and keeping the existing bridge open during
construction; Grants from the State will be distributed
for the “Ice Storm” from a couple of years
ago and Belhaven is expected to receive monies which will
be used for the elevation list from Hurricane Isabel per
the state’s discretion; and Departmental Monthly
reports enclosed for review.
Mayor Boyette reported briefly on the following:
View Board – facilitate elevation of the building
within the next four months with roof repair and stabilization.
Breakwater replacement cost – 3.4 million and a
cost of approximately $675,000 to the town with an estimated
date of replacement of October 2006, hope to get involvement
for replacement from the Beaufort County Committee of
100 and the Beaufort County Economic Development Commission.
Boyette reminded those in attendance to get out and vote
on Tuesday, July 20 as the school bond was an important
issue on the ballot.
Mayor Boyette recognize the following citizens who spoke
briefly concerning the issues as stated:
Bob Holz stated that the Department of Transportation
will not approve any advertisement signs placed on NC
Hwy 99 after 1999 even though some of the older signs
were not as attractive as the newer signs, Mr. Holz asked
that the town make a resolution to remove all signs to
be fair. Mayor Boyette stated that the Department of Transportation
would make the decisions on the signs. Town Manager Johnson
stated that if the sign has a ribbon the sign stays and
should there be “no ribbon” then the sign
is to be removed. Mr. Holz stated that the Historic Belhaven
sign was to be removed and questioned why. Town Manager
Johnson stated that the sign gives direction for the business
district and may not be moved due to the zoning of where
it is located.
Ellen Allen questioned if the $20,000 grant for a new
fire truck had been extended. Town Manager Johnson answered
yes and that the bid opening would be August 11, 2004.
Mr. Marion Dilday questioned the “Ice Storm”
monies the town is scheduled to receive. Town Manager
Johnson stated that homes on the Isabel list would be
elevated upon the state’s decision and approximately
24 homes would be elevated.
Mrs. Gloria Staley asked what would happen if a house
could not be elevated. Town Manager Johnson stated that
there were no funds for condemnation or rehabilitation
at this time.
Ellen Allen asked if the town could demolish and then
bill the owner. Town Manager Johnson stated that sometimes
it is cheaper for the home owner to voluntarily demolish
but if not, the town could get a bid and demolish then
if the bill is not paid a lien would be placed on the
Jane Dilday asked if the sewer for the future location
of Sea Safari was in progress. Town Manager Johnson stated
that the sewer line extension was complete.
James Espenshade asked if the noise ordinance had been
reviewed. Town Manager Johnson stated that the Planning
Board would review that ordinance this Wednesday at 7:00
P.M. in the Council Chambers.
There being no further business, Councilman Hodges made
the motion to adjourn. Councilman Ebron seconded the motion
which carried unanimously. The meeting adjourned at 8:40