Newspapers / The Brunswick Beacon (Shallotte, … / Dec. 12, 1991, edition 1 / Page 12
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Holden Board Compromises On Land Use Plan BY SUSAN USIIKK Holdcn Beach Commissioners hammered oui a compromise Mon day, adopting a larul use plan update that allows for future development of some scattered "islands" that pro trude from iLs mid- island marshes. However, the lain I use plan sets aside as no-build, protected conser vation areas similar islands on die far western end of the island be yond the last Army Corps of Engineers designated spoil area, as well as the land north of the Corps' right-of-way easement not designat ed as spoil area. Also unplatted ar eas at the feet of canal streets will be designated as conservation areas. Five areas designated to receive future Corps ol Engineers dredge spoil and other existing spoil areas will fall under a new land classifica tion category created solely for that purpose by the hoard last Wednesday night: rural special use Until the delayed I wo update re ccivcs approval from the Coastal Resources Commission (CRO. the town w ill continue to operate under its existing plan. Once maps have been revised, the plan adopted by the town will be forwarded to the N.C. Office ol Coastal Management for review and comment. It then goes to the CRC for consideration at an upcoming meeting. Monday's compromise was an ef fort to reduce the possibility of the plan receiving conditional approval by the state and getting sent back to the town for revision. Board mem bers' efforts won plaudits from the mayor and town manager. "Congratulations." Mayor Wally Ausley told the hoard. "I fell a little troubled with sending it to Mr. (Haskell) Rhett with those areas des ignated as rural when he had indicat ed that might not be acceptable." Citing a high degree of public in put from a wide variety of interests. Town Manager Gary Parker said. "This is the way government is sup posed to work. It makes me feel good." The newly-elected board of com missioners was faced with consider ation of the long-overdue land use update at its first meeting on Dec. 1. Members recessed that meeting until last Wednesday night after dis "It was our feeling that if the islands were platted and could be built on, then there was no reason they couldn't build there." ? Jim Shafor, Vice Chairman Holden Beach Planning Board cussing the proposed update with Khctt, field representative with the N C. Office of Coastal Management. A motion made hy Commissioner David Sandifer anil ;unended several iiuics guided Wednesday' involved discussion. Sandifer supported the plan as drafted hy the planning ami zoning ordinance, saying, the hoard had done " a fantastic job". He ad vocated the tightest restrictions |x>s sihle on state-owned areas, hut saul the privately owned marsh islands should he treated differently. Commissioner Jim Fournier saiil he felt unduly "pressured" to adopt the ordinance hy references to the IS months of work involved in us preparation, when he was more con cerned with us outcome. "My only problem is with this definition of ru ral. That's giving carte blanche to build a levee; that's not looking after our resources." All 20 coastal counties that fall under the Coastal Area Management Act (CAM A), and the incorporated towns within them, are required by law to have a land use plan and to update it at five-year intervals. Holden Beach began work on its ll>9() update nearly two years ago. The version adopted Wednesday night slighdy modifies the plan rec ommended by the town's planning hoard, in part because of concerns raised by Rhctt. The CAMA field representative said he didn't think the "rural" designation was appro priate to land area on a fragile barri er island. Rhctt had suggested a new cate gory for the marsh islands ? conser vation special use. which allowed limited residential development, while protecting the fragile environ ment surrounding the islands. Instead commissioners created a new category for the spoil areas on ly. rural-special use. Jim Shafor, vice chairman of the Holdcn Beach Planning and Zoning Board, said ihc original "niral" des ignation was to insure consistent treatment of all the marsh islands. It was our feeling thai if the is lands were platted and could he built on. il they could izct all the permits, then there was no reason they couldn't build there." he said. The rural category is intended to discourage "the premature conver sion" of the designated areas into ur ban-type uses. According to the plan, "extending urban services into the Rural class is considered an inef ficient use of resources." Shafor said the planning board's intent was tli.it services not be ex tended by the town until after prop erty owners obtain permits to build, not be lore. Commented Commissioner Four nicr, "But just the virtue of having the permits doesn't change the facts: It would still be an inefficient use of resources" to extend services into an area of low -density development. Commissioners backed off slight ly from the original planning board proposal, designating only those marsh islands south of the Corps right/-of-way line as rural, with the possibility of eventual development at a density rate of 2 1/2 units per acrc. Audience member Crawford Hart questioned categorizing the marsh islands so as to allow for their future development. "If we al'ow development of the islands, then it is only a matter of ume before they start destroying the surrounding wetland," he said. "If it can be built on then let them go through the amendment process." If the islands were designated conservation, individual property owners could petition the town to amend the ordinance to another cat egory, a process that takes about three months. Connector To Be Altered A small change in design is not exported U) delay renovation of the Holdcn Beach public works garage into new quarters lor the town's police department Commissioners acted on the projcct Wednesday in a session continued from Monday night. 'Ilie hoard authorized Town Manager Gary Parker to accept the low hid for the project, bar ring any problems with it, then to implement a change order. The old garage stands behind the town hall meeting room. Instead of taking up juirt of die meeting room for a doorway linking the two buildings, the op tion chosen by the previous board, the town plans now to bump out an office wall for that pur|X)se. Commissioners said they think either approach would cost about die same and they don't expect the change to delay die project. Bids were to be received Monday, Dec. 9. The police department is tem porarily located in a town-owned house adjacent to the town hall. The former policc department serves as the town manager's of fice. To Negotiate Kill Commissioners said they plan to negotiate payment of its bill with Henry von Oescn & Associates, the engineering firm in Wilmington that prepared the draft of the plan. While some of the map changes were initiated by the town and should be paid for by the town, oth ers resulted from company error and did not reflect data provided by the town or data collected by the com pany in the field at Holdcn Beach. Alan Holdcn, a fomier member of the planning board, said that board "had it right to begin with..." "I am personally o(Tcnded."he continued, ciung the additional time required by the town to make the changes. "I don't think the town should have to pay to correct it." Southport Family Loses Claim Against Insurers A former Souihport businessman w hose funeral parlor hurried in 19X4 lost a S4.5 million lawsuit against his insurers in Brunswick County Superior Civil Court last week. Thomas E. Gilbert III and his wife. Evelyn H. Gilbert, had filed a lawsuit against the Great American South Inc. in 1985, seeking $4.5 million for lost revenues, demolition of the building, general damages and alleged slanderous statements made by the insurers that the Gilberts claim labeled them as arsonists and ruined their credit. The company had refused to pay for the building because it alleged the Gilberts burned down the busi ncss to collcci on ihc policy and thai the family had failed to coopcratc with fire investigators. Judge B. Craig Ellis allowed a motion to dismiss after the plain tiffs' attorney. Lewis K. Newton, presented his case to a jury last Tuesday and Wednesday, Dec. 3-4. Court reporter Yvettc Murray said a courtroom had been reserved for two weeks while 126 witnesses had been lined up for the defense, which never had to present its case. On the witness stand last Wed nesday, Gilbert testified that he was in Las Vegas when the fire burned his business on Aug. 11, 1984. A federal jury acquitted Gilbert, 67, and his son, Thomas Gilbert IV, 41, of arson in February 1987, but convicted both men on multiple counts of defrauding customers by Liking money intended for trust ac counts for burial plots. At the time charges were brought, Gilbert IV served as Brunswick County coro ner. Gilbert told the jury he was re leased from prison in October 1987 and has held odd jobs since then ? in a junkyard, as a trash truck driver for Bald Head Island, as a rest home janitor and for the U.S. Census Bureau. He told the jury that he kept kerosene lamps in the house for emergencies. Bookkeeping records were kepi in a cardboard box in a rear room and were destroyed by the fire, Gilbert said. Investigators contend the Gilberts refused to answer questions about their finances and refused to turn over records following the fire. AT BOONES NECK BRING HOME THE$BEACON On Sale At BILL'S QUICK STOP CAISON'S SUPRETTE CITGO HOLDEN BEACH SEAFOOD ^ne*<5 Get Ready For The Festivities with our Holiday Special Have a complete maintenance inspection on All Household Kitchen Appliances Just $45 ($40 with coupon) ^5" Off *500 Off"1 Fast, Dependable Service $5?? Off Regular Service Call or Holiday Maintenance Special with coupon, present coupon to service technician during visit Call 1 -800-444-921 8 For Appointment ^ Coupon valid thru Dec. 31 $5 Off Coupon ? All Makes & Models* Refrigerators ? Ranges ? Microwaves Dishwashers ? Washers/Dryers t IlllpiMlil Ar~onm KtNMCWE KilchenAld. yy Whirlpool 1369 H.C. Lewis Lane ( North Myrtle Beach, SO VMaqic Chef 414 Yaupon Dr. Long Beach, NC Judge Refuses To Drop Lawsuit Against County A Brunswick County Superior Court judge has ruled that a lawsuit filed against the county by Houston and Associates of Shallotte should go to trial. Judge B. Craig Ellis denied Brunswick County's motion for dis missal last week in Superior Court. However, Ellis granted one part of the county's motion in which $22,557 is at stake, money Bruns wick County claims has been paid to Houston and Associates hut that they "have not otherwise been earned." Houston and Associates, engineers hired to design water line projects to the Seaside and Shallotte Point com munities, claims its contract was breached Aug. 5 when Brunswick County Commissioners voted with out warning to fire the firm. In a lawsuit liled against Bruns wick County Aug. 30, the firm al leges lour claims for relief from the county. It claims county officials breached a contract and tcxik delib erate actions to force the firm to miss its deadlines. Attorneys arc seeking in excess of S397.000 in fees, payment for work and damages. Brunswick County's motion indi cated the county should be allowed to seek the S22.557 in damages if Houston and Associates failed to de liver all work in progress on the wa ter system by an Aug. 30 deadline. Alfred P. Carlton Jr., Brunswick County's attorney, said the county anticipates filing a '.ountersuit against the firm. In its fourth claim, the lirm had filed for declaratory relief, asking ihe court 10 declare lhal: Houston and Associates had at no time breached its contract; Houston is not obligated to turn over work in progress to Brunswick County; Houston is entitled to S1H7,(XK) for the work in progress; and Houston is entitled to damages for breach of contract. A contract was signed with Houston and Associates on Feb. 18, allowing ISO days for design work on the projects to be completed. On Aug. 1ft, copies of the engi neering plans and specifications for the projects were delivered to the Shallottc branch of NCNB, "to be held in escrow pending a determina tion of the rights of the parties," the lawsuit states. Happy Birthday To Our Very Own Snoop The Beacon Staff i The Wild Cherry # Featuring: ELECTRONIC POKER & OTHER GAMES WIN! Up to $380 given away in daily and weekly cash drawings! (No Purchase Necessary) Free Soft Drinks WIN! Free Snacks Christmas Drawing December 23 at 8 PM Win... Hams ? 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(919)579-5067 Prime Rib Special $1995 Dinner for 2 Salad, vegetable, potato, beverage & dessert -AGED BEEF - New York Strip Steak 13.50 A Traditional Cul of Prime Beef with Herb Butter Petite Filet Mignon 12.50 Center Cut from the Heart of the Tenderloin and Wrapped >n Bacon, Served with a Fresh Bearnaise Sauce Flank Steak London Broil 9.95 Char-Broiled and Thinly Sliced Complimented with a Mushroom Sauce -FRESH SEAFOOD Seafood Scampi 12.95 Jumbo Shnmp and Tender Scallops in a Rich Scampi Butter with Julienne Red Peppers Red Snapper Jessica 12.50 A Fresh Filet Seasoned with I>emon Butter and Basil Atlantic Swordfish 13.50 Broiled fresh and Finished in a Citrus Butter Sauce Grouper in Gold 10.95 Broiled to Perfection and Glazed in a Golden Hollandaise Sauce -PLANTATION SPECIALTIES Crab Cakes Carolina 13.95 Pan Fried and Served with a Traditional Cocktail or Kemoulade Sauce Chicken Marsala 9.95 A Tender Boneless Breast of Chicken nauteed with Fresh Mushrooms and Marsala Wine The Plantation Mixed Grill Market Price A Delightful Offering of our Very Best -PASTA Shrimp and Scallops Alfredo 9.95 Fettuccini and Fresh Seafood Tossed in a Light Cream Sauce with a Flavor of Pancetta, Garlic and Freshly Grated Parmesan Cheese Tortellini Marinara 7.95 Delicate Cheese Filled Tortellini Complimented with a Rich Manna ra Sauce -DINNER ON THE LIGHT SIDE New York Strip Sandwich 8.95 6 02 of Prime Sirloin Chartroiled and Served Open Faced on Grilled Rye Bread with Steak Houae >Yie? and Cole Slaw Deep Fried Oysters 6.50 Fresh Kxtra Select Oysters Deep Fried and Served Over Toast Points with Fresh Cole Slaw, Steak Fries, Tartar Sauce and Lemon Shrimp and Cheddar Imperial 7.95 Fresh Shnmp Salad atop a Toasted Knglish Muffin with Melted Cheddar Cheese Served with Steak Fries and Cole Slaw
The Brunswick Beacon (Shallotte, N.C.)
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Dec. 12, 1991, edition 1
12
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