Return To Archives Return to Home Page

March 17, 2003
Call to Order/Invocation
The Town Council of the Town of Belhaven met in regular session on Monday, March 17, 2003 at 7:30 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 Manager Tim M. Johnson and Town Clerk Marie J. Adams were also present. Mayor Boyette gave the invocation.

Approval of Minutes - March 3, 2003 Regular Session
Mayor Boyette announced that the March 3, 2003 Regular Session minutes were open for review and adoption. There being no corrections to the minutes, Councilman Hodges made the motion to approve. Councilwoman Heath seconded the motion which carried unanimously.

Community Development Block Grant - Capacity Building (CDBG-CB) Section 3 Plan Approval
Mayor Boyette stated that the Community Developers of Beaufort Hyde, Inc. had received a $75,000 grant for capacity building, as a pass through grant (town administers the funds) and that part of the requirements would be the adoption of this policy. Councilman Baker made the motion to adopt the following Section 3 Plan policy. Councilman Hodges seconded the motion which carried unanimously.

LOCAL ECONOMIC BENEFIT FOR
LOW AND VERY LOW INCOME PERSONS PLAN
TOWN OF BELHAVEN
FY2002 CAPACITY BUILDING GRANT

 
To insure that to the greatest extent possible contracts for work are awarded to business concerns located in or owned in substantial part by persons residing in the Section 3 covered area, as required by Section 3 of the Housing and Urban Development Act of 1968, the Town of Belhaven (hereinafter called the town) has developed and hereby adopts the following Section 3 Plan:
     
  1 This Section 3 Plan shall apply to services needed in connection with the FY2002 CDBG grant including, but not limited to, businesses in the fields of planning, consulting, design, building construction/renovation, maintenance and repair, etc.
     
  2 The Section 3 project area for the purpose of the FY2002 CDBG grant program shall include all of Beaufort County, including the Town of Belhaven.
     
  3 When in need of a service, the town will identify suppliers, contractors, or subcontractors located in the Section 3 area. Resources for this identification shall include the Minority Business Directory published through the State Department of Commerce, local directories and the Small Business Administration local offices. Word of mouth recommendations shall also be used as a source. Where deemed necessary, listings from any agency noted above shall be distributed to prime contractors as potential sources of subcontractors and suppliers.
     
  4 The town will include required Section 3 clauses in all contracts executed under this CDBG Program. Where deemed necessary, listings from any agency noted in No. 3 above shall be included as well as sources of subcontracts and suppliers.
     
  5 The prime contractor selected for major public works construction work (if applicable) will be required to submit a Section 3 Plan which will outline his/her work needs in connection with the project. Should a need exist to hire any additional personnel, the Beaufort County Employment Security Commission shall be notified and referred to the contractor.
     
  6 Each housing rehabilitation and demolition contractor shall be required to submit a Section 3 Plan. This Plan will be maintained on file in the grant office and shall be updated from time to time or as the grant staff may deem necessary.
     
  7 All jobs will be listed through and hiring will be done through the local office of the North Carolina Employment Security Commission; all contracts will be listed with the North Carolina Division of Purchase and Contracts; potential employees and businesses may seek development and training assistance through various state and local agencies.
     
  8 Early in the project, prior to any contracting, major purchases or hiring, the town will develop a listing of jobs, supplies and contracts likely to be utilized during the project. The town will advertise in a local newspaper. This advertisement will be placed prominently in the newspaper as a display ad and contain the following information:
     
    a. A brief description of the project.
    b. A listing of jobs, contracts, and supplies likely to be utilized in carrying out the     project.
    c. An acknowledgment that under Section 3 of the Housing and Community     Development Act, local persons and businesses will be utilized for jobs,     contracts, and supplies in carrying out the CDBG project to the greatest extent     feasible.
     
  Adopted this 17th day of March, 2003.

Community Development Block Grant - Capacity Building (CDBG-CB) Equal Employment and Procurement Policy
Mayor Boyette stated that this policy of Equal Employment and Procurement Policy was necessary, again, for the CDBG-CB grant. Councilman Hodges made the motion to adopt the following Equal Employment and Procurement Policy. Councilwoman Heath seconded the motion which carried unanimously. (Insert Cdgb-cn\Procurement Policy)

TOWN OF BELHAVEN, NORTH CAROLINA
EQUAL EMPLOYMENT AND PROCUREMENT POLICY
FY2002 CDBG CAPACITY BUILDING GRANT
     
A. GENERAL EQUAL EMPLOYMENT AND PROCUREMENT POLICY
     
The Town of Belhaven maintains the policy of providing equal employment opportunities for all persons regardless of race, color, religion, sex, national origin, handicap, age, political affiliation, or any other non-merit factor, except where religion, sex, national origin, or age are bona fide occupation qualifications for employment.

In furtherance of this policy, the town prohibits any retaliatory action of any kind taken by any employee of the town against any other employee or applicant for employment because that person made a charge, testified, assisted or participated in any manner in a hearing, proceeding or investigation of employment discrimination.

The town shall strive for greater utilization of all persons by identifying previously under utilized groups in the work force, such as minorities, women, and the handicapped, and by making special efforts toward their recruitment, selection, development, upward mobility, and any other term, condition, or privilege of employment.

Responsibility for implementing equal opportunities and affirmative action measures is hereby assigned to the Town Manager and/or other persons designated by the Belhaven Town Council to assist in the implementation of this policy statement.

The town shall develop a self-evaluation mechanism to provide for periodic examination and evaluation. Periodic reports as requested on the progress of equal employment opportunity and affirmative action will be presented to the Belhaven Town Council by the Town Manager.

The town is committed to this policy and is aware that with its implementation the town will receive positive benefits through the greater utilization and development of all its human resources.

B. PROCUREMENT POLICY FOR FEDERAL GRANT PROGRAMS

All procurement of goods and services by the Town of Belhaven with CDBG grant funds shall be accomplished in accordance with the regulations of either Section 85.36 of 24CFR85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments," or the North Carolina General Statutes applying to procurement in general by North Carolina municipalities/ counties.

When the federal and state regulations are different, the more restrictive regulations shall apply to the procurement in question. Additionally, the town will adhere to the following guidelines during procurement of goods and services with federal funds:

     
  1. In all cases where goods or services are procured on the basis on one bid or proposal received, the town will follow established principles included in OMB Circular A-87 to verify the reasonable cost of the procurement, and shall contact the state agency supervising the grant program before making any contract award on the basis of   non-competitive negotiation.

2. Disadvantaged, women-owned, and minority-owned enterprises shall be included on bidders' or professional services' lists maintained by the town, and such firm(s) shall be solicited for all competitive negotiations, small purchases, and informal and formal bids when such firms are potential competitive sources for goods and services.

3. The town shall develop a written statement of work for each service to be awarded on the basis of competitive negotiation, which shall include descriptions of tasks to be completed, project timetables, and an outline of fee proposal requirements. The statement of work shall also include a written selection procedure. All competitive negotiations shall be awarded strictly on the basis of written selection procedures, and cost shall not be the sole or more important factor in selection of services through the use of competitive negotiation.

4. Prior to any contract award, the town shall contact the state agency supervising the grant program to verify the contractor's eligibility to participate in a federally-assisted program.

5. No consultant or bidder shall assist in evaluation of proposals or bid packages for contracts in which that consultant or bidder has an indirect or direct interest. The town shall adhere to all applicable federal and state conflict of interest regulations in making contract awards.

6. The town shall request references, or check references, of contractors or firms who are awarded contracts with federal grant funds, and will request a written warranty for all goods and services provided through small purchase requests.

7. The town shall not award any contracts for federally-assisted projects on a contingency or cost plus percentage of cost basis.

Adopted this 17th day of March, 2003.

 

Rotary Club (Boy Scout) Request - Mr. Mac Pigott, President (Belhaven-Pantego Rotary Club)
Mayor Boyette recognized Mr. Mac Pigott, President of the Belhaven-Pantego Rotary Club. Mr. Pigott explained that the Rotary Club supports the local Boy Scout Troop 80 which is one of the oldest charters in the state. Mr. Pigott stated that on behalf of the Rotary and Scout Troop 80 he was requesting an appropriation for the 2003/2004 Fiscal Year Budget of the Town. Mr. Pigott stated that utility bills (at the Scout Hut) including garbage, cost the Rotary an estimated $2,300 per year. After some discussion, Mr. Pigott stated that the Boy Scout Troop #80 had 16 Boy Scouts and 35 Cub Scouts in Troop #341.

Councilwoman Heath questioned what areas the Scouts were from.

Mr. Phil Simmons who was also in the audience and a Scout Leader from Bath, stated that all boys in the Northeast School District would be in the Belhaven Scout District. Councilwoman Heath questioned if any other agencies had been contacted for funding.

Mr. Pigott stated no, that the Scouts and Rotary had fund-raisers.

Councilman Hodges suggested that Mr. Pigott submit a written request for an appropriation (in a specific amount) for the Scouts to the Town Manager by April 15, 2003 to be considered in the 2003/2004 Fiscal Year Budget.

Wilkinson Center Budget Request - Ms. Starlon Credle
Mayor Boyette stated that on behalf of the Wilkinson Center, Ms. Starlon Credle had appeared at the last Council meeting requesting rent of the Art and Music Room at the Wilkinson Center. Ms. Credle has previously asked for rent (pro-rated) throughout the end of this fiscal year and funding for next year.

Mayor Boyette recognized Ms. Credle, she explained that the rent to cover that room would be $6,084 per year or $507 per month.

Councilman Hodges stated that he would not suggest appropriating $1,521 for the remaining three months in the fiscal year as funds were not available without a budget amendment. There was some question as to the fees charged by the Arts Council or Beaufort County Community College as to whom would be the recipient.

Vaguely, Ms. Credle stated the costs for classes themselves would benefit the sponsoring agent for their costs in offering the program.

After some additional discussion, Councilman Ebron made the motion that Ms. Credle submit the budget request for the 2003/2004 Fiscal Year Budget Process, by April 15 to the Town Manager. Councilman Hodges seconded the motion which carried unanimously.

Little League Association Request - Mr. Phil Simmons, President
Mayor Boyette stated that Mr. Phil Simmons, President of the Little League Association was present to request to building a concession stand/bathrooms on the Town=s property. Mayor Boyette recognized Mr. Simmons, who stated that the Little League Association along with parents and other volunteers wanted permission to build (at state building code) a concession stand and bathrooms on town property where the building could be accessed by all leagues including T-Ball, Farm League, Little League and Girls Softball. Mr. Simmons explained that the building would be constructed of concrete 20' x 20' to house the concession stand and bathrooms. Mr. Simmons explained that the construction of this building would eliminate the need for port-a-johns still being used near the t-ball field. After some discussion, Councilman Hodges made the motion for the Little League Association to build and 20' x 20' building housing the concession stand and bathrooms on town property, at a location approved by the Town Manager and Recreation Director, and that all fees for construction and utilities be absorbed by the town. Councilwoman Heath seconded the motion which carried unanimously.

Post Office Lease and Resolution
Mayor Boyette stated that the Post Office Officials had forwarded a lease for the Council to approve concerning the property lease and maintenance on the parking lot of the town owned property which the post office is temporary located. Mayor Boyette stated that the lease of the property would be $1,000 per month with a maintenance fee of $300 per month. After some discussion, Councilman Hodges made the motion approving the resolution and authorizing the Mayor and Clerk to sign the resolution and the Town Manager to execute the lease agreement.
Councilman Ebron seconded the motion which carried unanimously. (Insert Reso/Municipal Resolution Post Office)

Municipal Resolution
Town of Belhaven
For
Belhaven Main Post Office

We, the undersigned, Town Council appointed officials, of the Town of Belhaven a Municipal Government under the Laws of the State of North Carolina with its principal place of business at 315 East Main Street, Belhaven, NC 27810.

Do Hereby Certify that at a meeting of the Town Council of the Town of Belhaven on March 17, 2003, the following resolution was adopted and is now in full force and effect:

Resolved that the Town of Belhaven negotiate a Lease with the United States Postal Service for the post office known as Belhaven Main Post Office, Belhaven, NC 27810, aforesaid US Postal Service Lease and to bind the Corporation to the terms and conditions set forth in the said US Postal Service Lease.

And Be It Further Resolved, that said Tim M. Johnson, Town Manager of the Municipality be and is duly authorized to execute all other necessary instruments required for the acceptance of the aforesaid Lease.

In Witness Thereof, we have hereunto subscribed our official signatures and affixed the seal of the Town of Belhaven this the 17th day of March 2003.

Dr. Charles O. Boyette, Mayor

Inflow and Infiltration (I & I) Grant Engineering Contract
Mayor Boyette stated that the town had received a grant to study and research the inflow and infiltration of water into the town=s sewer lines. Mayor Boyette stated that the total project cost was $50,000 of which $40,000 is grant monies. Mayor Boyette stated that the contract for engineering was $10,000 with Cavanaugh and Associates, PA and was open for adoption. Councilman Hodges made the motion to authorize the Town Manager to execute the attached contract for $10,000 on behalf of the Town. Councilwoman Heath seconded the motion which carried unanimously.

Elevated Water Tank (Grant Application) - Resolution
Mayor Boyette announced that the Council needed to adopt the resolution which authorizes the Town to apply for a $400,000 grant to aid in the construction of an elevated 300,000 gallon water tank. Mayor Boyette explained that this grant was through the North Carolina Rural Economic Development Center (Rural Center). Town Manager Johnson further explained that the total project cost would be $1,144,191.00 with the application of another grant in the amount of $694,191 being submitted to the Safe Drinking Water Revolving Grant fund with the remaining $50,000 in-kind contribution from the Town of Belhaven=s reserve funds. Mayor Boyette explained that this tank was not detrimental but would an added infrastructure which could help market Belhaven, and if not funded, then application would be make again during the next funding cycle. After some discussion, Councilman Baker made the motion adopting the following resolution and authorize the Mayor to execute all necessary documents on behalf of the Town. Councilman Ebron seconded the motion which carried unanimously. (Insert Reso/Water Supply Elevated Tank)

AUTHORIZING RESOLUTION BY GOVERNING BODY OF THE APPLICANT
Supplemental Grant Program
 
WHEREAS, The 1998 Critical Needs Bonds Act has authorized the making of loans of grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems, water conservation projects; and

WHEREAS, The Town of Belhaven has need for and intends to construct a 300,000 gallon elevated water tank to insure the safe operation of the water system; and

WHEREAS, The Town of Belhaven intends to request grant assistance from the Supplemental Grants Program for the project;

NOW THEREFORE BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF BELHAVEN:

That the Town of Belhaven will arrange financing for all remaining costs of the project, if approved for a grant.

That the Town of Belhaven will provide efficient operation and maintenance of the project on completion of construction thereof.

That Mayor Dr. Charles Boyette, and successors so titled, is hereby authorized and directed to on behalf of the Town of Belhaven and the NCREDC (Rural Center) for a grant to assist in the construction of the project described above.

That Mayor Dr. Charles Boyette, and successors so titled, is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application.

That the Town of Belhaven has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to the grants pertaining thereto.

Adopted this the 17th day of March, 2003 at Belhaven, North Carolina.

Town Manager's Report
Town Manager Johnson reported briefly on the following:

1) monthly departmental reports enclosed for review;

2) Water Plant Construction - wet weather has been detrimental to construction, pleased with quality of construction, Resident Inspector, Judy McLawhorn with Cavanaugh on job site daily and very pleased with her degree of site review during construction, have had some equipment reduction costs due to the advancement of technology,

3) the additional $50,000 received for elevation of homes, have already bid the remain homes, and stated that he did not think the state would be forthcoming with any additional funds per Governor Easley request;

4) since the Waterfront Development Study informed the Council that there are interested parties in the first phase of that study, stated that he feels very positive;

5) Breakwater repair/reconstruction - Town Manager Johnson and Mayor Boyette emphasized the importance of having the breakwater reconstructed with rock in order to maintain Belhaven as a safe harbor which would also mitigate wave action during hurricanes, work will begin to try and seek replacement through the Army Corps of Engineers with a great deal of assistance from Senator Basnight, Representative Williams and Congressman Jones.


Mayor's Comments

Mayor Boyette stated that he has sent a letter to Department of Transportation (DOT) officials asking for continued improvements of the resurfacing of 264 Business, and 264 By-pass and NC Hwy 99 intersection; extending the curb and guttering on the south side of US 264 Business, westward toward 264 & 99 Intersection; the need for a bike and jogging path in the old railroad bed from Haslin Street on 264 Business to the Intersection and then on 264 to the shopping center; flood control methods downtown (Wynn=s Gut area) and the need for drainage on 264 By-pass. Mayor Boyette also announced that the Chamber Banquet would be on Thursday, April 17 at Wilkinson Center and encouraged attendance.

Public Comments
Mayor Boyette recognized the following citizens:

Mr. Walt Allen who questioned the possibility of running sewer to Autumnfield Resthome on Seed Tick Neck Road and other areas. Town Manager Johnson stated that feasibility studies would have to be performed along with easements and certifications by the Department of Transportation.

Mr. Willie Spencer of Duke and King Street asked for maintenance on the road following the wet weather. Town Manager Johnson stated that along with wet weather, there was construction taking place on that street with the soon to be placement of a mobile home which will further damage the road. Mr. Johnson stated that upon completion of construction the street would be maintained in better condition.

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.

 


Return To Archives Return to Home Page Go to Top of Page