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.
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.
ECONOMIC BENEFIT FOR
LOW AND VERY LOW INCOME PERSONS PLAN
TOWN OF BELHAVEN
FY2002 CAPACITY BUILDING GRANT
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
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.
Section 3 project area for the purpose of the FY2002
CDBG grant program shall include all of Beaufort County,
including the Town of Belhaven.
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.
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.
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.
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.
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
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
A brief description of the project.
A listing of jobs, contracts, and supplies likely
to be utilized in carrying out the project.
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
this 17th day of March, 2003.
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
OF BELHAVEN, NORTH CAROLINA
EQUAL EMPLOYMENT AND PROCUREMENT POLICY
FY2002 CDBG CAPACITY BUILDING GRANT
GENERAL EQUAL EMPLOYMENT AND PROCUREMENT POLICY
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
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
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.
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.
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.
PROCUREMENT POLICY FOR FEDERAL GRANT PROGRAMS
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/
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
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
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
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.
Club (Boy Scout) Request - Mr. Mac Pigott, President (Belhaven-Pantego
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
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.
Center Budget Request - Ms. Starlon Credle
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
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.
League Association Request - Mr. Phil Simmons, President
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
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)
Town of Belhaven
Belhaven Main Post Office
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,
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
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.
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.
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
and Infiltration (I & I) Grant Engineering Contract
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.
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)
RESOLUTION BY GOVERNING BODY OF THE APPLICANT
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
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
The Town of Belhaven intends to request grant assistance
from the Supplemental Grants Program for the project;
BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN
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 Johnson reported briefly on the following:
1) monthly departmental reports enclosed
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
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
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
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
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