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March 1, 2004
Call to Order/Invocation
The Town Council of the Town of Belhaven met in regular session on Monday, March 1, 2004 at 7:40 P.M. in the Council Chambers at Town Hall. Dr. Charles O. Boyette, Mayor, called the meeting to order 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 Attorney Keith B. Mason and Town Clerk Marie J. Adams were also present. Town Manager Tim M. Johnson was not present due to sickness. Mayor Boyette gave the invocation.

Update – Beaufort County Commissioners Meeting
Mayor Boyette stated that he and Mayor Pro-Tem Ebron were late due to the fact that they attended the Beaufort County Commissioners meeting prior to this meeting. Mayor Boyette stated that the Commissioners voted favorably on the joint agreement with the town to pay up to $54,000 for the demolition and site preparation of the Sea Safari business on Water Street for future waterfront development.

Approval of Minutes
February 16, 2004 Regular Session and February 23, 2004 Special Call Session
Mayor Boyette announced that the minutes of the February 16, 2004 Regular Session and the February 23, 2004 Special Call Session were open for review and adoption. Councilman Hodges made the motion to approve both sets of minutes as presented. Councilwoman Wilkerson seconded the motion which carried unanimously.

Belhaven Volunteer Fire & Rescue Department – New Equipment Request
Mayor Boyette stated that the Volunteer Fire & Rescue Department had approached the Town concerning replacing the 1991 Ford Ambulance earlier in this year and stated that they had pledges to pay for more than ½ of the vehicle. The volunteer department had been directed to get specifications for a new vehicle and the town would then publish a request for bids. Mayor Boyette stated that Chief Paul Wood, Jr. and other department members had reviewed a demonstrator vehicle from Wheeled Coach and really thought it would serve their needs. Mayor Boyette stated that the vehicle the department wanted to purchase was a 2003 Type III E-4505D XLT Trim for the price of $89,500.00 and the vehicle could be made available within one month. The Council discussed the savings of purchasing this vehicle with 14,000 miles instead of a brand new ambulance which would need to be bid. Mayor Boyette asked Chief Paul Wood, Jr. for any comments. He stated that the department would like to purchase the vehicle described. Mayor Boyette stated that Southern Bank Manager, Mr. Dick Ray had pledged a substantial amount towards the purchase of an ambulance with Cooperative, Wachovia and East Carolina Bank also pledging funds.

There being no further discussion, Councilman Hodges made the motion authorizing the purchase of the 2003 Type III E-4505D XLT Trim Ambulance with Town Manager Johnson handling the financing. Councilwoman Heath seconded the motion which carried unanimously.

739 Heber Street Flood Ordinance – Condemnation (Steve and Ted Carawan)
Mayor Boyette stated that the town council needed to postpone this issue due to Town Attorney Mason needing additional time to review the ordinance. Following some discussion, Councilman Baker made the motion to table this issue until March 15, 2004. Councilwoman Heath seconded the motion which carried unanimously.

Citizen Presentation: Mrs. Ella Mann Jones
Mayor Boyette stated that Mrs. Ella Mann Jones had asked for time on the council agenda to inform the Council of her displeasure with the proposal of a group home for troubled teens to be her neighbor.

Mrs. Jones and her daughter, Ms. Gladys Winfield spoke to the Council concerning their dissatisfaction with this proposal. Mrs. Jones stated that there was no room for parking at the proposed Union Street home.

Mayor Boyette asked Town Attorney Mason for legal status of this situation.

Attorney Mason read the following General Statutes 168-22 (a) A family care home shall be deemed a residential use of property for zoning purposes and shall be a permissible use in all residential districts of all political subdivisions. No political subdivision may require that a family care home, its owner, or operator obtain, because of the use, a conditional use permit, special use permit, special exception or variance from any such zoning ordinance or plan; provided, however, that a political subdivision may prohibit a family care home from being located within a one-half mile radius of an existing family care home. Town Attorney Mason clarified, by stating that conditions could not be placed on the proposed property of the group home that would not otherwise be placed if the home was being occupied by a conventional family (mother, father, 2 children). Mrs. Jones asked for town support to relocate the group home somewhere else where there was enough yard and parking space.

Attorney Mason again stated that the group home cannot be denied because they are a group home. Mrs. Mann stated that owners of the property (John and Peggy Jones) had contacted her several years ago to get her to sell them several feet of her property because their carport was actually on her property. Mrs. Jones stated that the property was not large enough. Mr. Steve Carawan asked if the home should be moved to allow front and side yard setbacks. Mayor Boyette stated that the home was grandfathered-in for the setbacks.

Post Office Site Incentive Discussion
Mayor Boyette stated that the Town Council had previously stated that they would donate to the Beaufort County Committee of 100 a .61 acre parcel of the Civic Center property and up to $20,000 for clearing and remediation of the preferred property for the location of the post office at the corner of Main and Railroad Streets. Mayor Boyette informed the public that Mrs. Lucy B. Robbins had called a meeting at Woodstock Realty on Tuesday, February 24, 2004 for the purpose of notifying the public that she and her husband Mr. Edwin Robbins would be submitting a proposal to be the developers of the post office at the Bishop family property on the corner of Main and Railroad Streets. Mayor Boyette stated that the pledges made to the Beaufort County Committee of 100, in the amount of $11,000, for the demolition of the existing building and site readiness for
the location of the post office at this site, should be honored by those donors, whoever the developer should be. Mayor Boyette also asked that the Council make a motion to honor their commitment of up to $20,000 and the .61 acre parcel of land for this development.

After some discussion Councilman Hodges made the motion that the Town donate .61 acre parcel of the Civic Center property on the corner of Railroad and Pungo Streets to the Beaufort County Committee of 100 for the purpose of locating the post office on the corner or Main and Railroad Streets and up to $20,000 to offset demolition and other costs to prepare the property for construction of a post office on the corner of Main and Railroad Streets, by any developer. Councilman Baker seconded the motion which carried unanimously.

Adjournment
There being no additional comments or questions from the public, Councilman Hodges made the motion to adjourn. Councilwoman Heath seconded the motion which carried unanimously.


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