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July 19, 2004
Call to Order/Invocation
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.

Public Hearing – Rezoning Request for 23 Acre Parcel on West Old County Road
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 to downtown.

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.

Mr. 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.

Mr. 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 businesses could.

Mr. 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.

Mrs. 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.

Mr. 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 business.

Mr. Holz and Mr. Dilday informed the developer, Mr. Walsh, that they would like to see development in another area of Belhaven.

There being no further comments, Mayor Boyette declared the public hearing closed at 8:15 P.M.

Approval 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.

National Kid’s Day Proclamation – August 1, 2004
Mayor Boyette read the following proclamation for which he proclaimed.
(Insert)

Rezoning 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.

Mr. 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.

There 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’s Report
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’s Comments
Mayor Boyette reported briefly on the following:

Wynn 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.

Mayor 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.

Citizens Comments
Mayor Boyette recognize the following citizens who spoke briefly concerning the issues as stated:

Mr. 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.

Mrs. 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.

Mrs. 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 property.

Mrs. 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.

Mr. 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.

Adjournment
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 P.M.



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