March 15, 2004
The Town Council of the Town of Belhaven
met in regular session on Monday, March 15, 2004 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, Town Attorney
Keith B. Mason and Town Clerk Marie J. Adams were also present.
Minutes – March 1, 2004 Regular Session
Mayor Boyette announced that the March
1, 2004 Regular Session minutes were open for review and
adoption. There being no corrections to the minutes, Councilman
Hodges made the motion to approve. Councilwoman Wilkerson
seconded the motion which carried unanimously.
Mayor Boyette stated that at the last Council
meeting the Town had approved the purchase of a 2003 Type
III #4505D XLT Ambulance from Wheeled Coach and that the
approval of the financing of this $89,500 ambulance was
presented for approval. Mayor Boyette stated that Southern
Bank had agreed to finance the ambulance at an excellent
interest rate of 2.59% per annum. There being no need
for further discussion, Councilman Baker made the motion
approving the contract for purchasing and authorizing
Tim M. Johnson, Town Manager to execute all documents
on behalf of the Town of Belhaven for the installment
purchase contract of the described ambulance at a cost
of $89,500 and financed for a period of four (4) years
at 2.59% per annum. Councilman Hodges seconded the motion
which carried unanimously.
Amendment (Ambulance Purchase)
Mayor Boyette stated that a budget amendment
was needed to include the purchase of the ambulance in
this year’s budget. The proposed budget amendment
will show both the revenue (loan proceeds) and the expenditures
(capital outlay) for the contract purchase. Councilwoman
Heath made the motion to increase revenue account 10-396-001
(Loan Proceeds-Ambulance) from $0 to $89,500; and to increase
expenditure account 10-530-075 (Capital Outlay –
Vehicle) from $0 to $89,500. Councilman Baker seconded
the motion which carried unanimously.
739 Heber Street
Flood Ordinance – Condemnation Ordinance - VACATE
that in the finding of fact hearing there was concern from
Mr. Carawan concerning substantial damage as he did not
feel that the damage to the mobile home was substantial.
Attorney Mason stated that following the hearing Mr. Overholt
had issued the condemnation ordinance which denied Mr. Carawan
the right to repair the mobile home. Attorney Mason stated
that the mobile home was non-conforming with the zoning
ordinance as mobile homes were no longer an allowed use
in the R5 District, but that the home had been grandfathered
in and would remain until destroyed. Attorney Mason stated
that he had met with Misters Steve and Ted Carawan, owners
of the mobile home, prior to the Council meeting. Attorney
Mason stated that the Carawans had no problem with bringing
the mobile home into code including elevation if necessary,
within 90 days. Attorney Mason suggested that the condemnation
ordinance be rescinded and that the Carawans be given 90
days to bring the mobile home into compliance with all housing
codes/ordinances. After some Council discussion, Councilman
Baker made the motion to vacate the condemnation ordinance
issued for the mobile home at 739 Heber Street, owned by
Misters Steve and Ted Carawan which was issued on January
16, 2004. Councilman Hodges seconded the motion which carried
unanimously. Councilman Hodges made the motion to allow
the Misters Carawan to purchase the necessary permits to
repair within 30 days and to have the mobile home in compliance
within 90 days. Councilwoman Heath seconded the motion which
carried unanimously. Mayor Boyette recognized Mr. Martin
Overholt, who stated that he would work with the Carawans
in anyway to see that the repairs and inspections progress
Mayor Boyette stated that this issue had
been before the Town Council on two previous occasions
and due to the request of the town attorney additional
time was needed to review the procedures and give legal
opinion. Mayor Boyette recognized Attorney Mason for his
recommendation. Attorney Mason stated that condemnation
proceedings had been initiated by the Town’s Code
Enforcement Officer, Mr. Martin Overholt, through the
National Flood Insurance Program (NFIP). Town Attorney
Mason stated that because he was not familiar with condemnations
through this ordinance he had conferred with Mr. Richard
Ducker with the Institute of Government, and with personnel
from the Division of Emergency Management and NFIP. Town
Attorney Mason stated that Mr. Overholt had done nothing
improper; but that his concern was procedurally. Attorney
Post Office – Discussion (Old County Road)
Mayor Boyette stated that the post office
location had been a main topic for many months and he
would like to make a report from the Postal Service. Mayor
Boyette stated that he was notified in a letter from Ms.
Ruthann Coburn, with the Postal Service, concerning the
refusal of the Ed and Lucy B. Robbins’ proposal
to build a post office on the Bishop property at the corner
of Main and Railroad Streets. Ms. Coburn’s letter
further stated that the Robbins’ bid could not be
considered due to an unfair advantage over other contractors.
Mayor Boyette had talked with Mrs. Robbins concerning
the (Bishop Family’s) willingness to sell the preferred
property at the corner of Main and Railroad Streets with
no stipulations to the chosen developer. Mayor Boyette
revisited the efforts of the Town and Community concerning
donations of money, time, manpower and equipment to prepare
the preferred site, should the owners agree to sell to
the developer for the post office site the property on
the corner of Main and Railroad Streets: the town had
donated up to $20,000 for the preparation of the property
for building in additional to the donation of .61 of an
acre of the Boyette Civic Center property to include in
the property for the post office site for parking; $11,000
in donations from various community members and various
donations of services for the demolition of the existing
building and tree removal. Mayor Boyette informed the
public that Mrs. Robbins and other family members who
owned the preferred property stated that they would sell
the property with a 20 year deed stipulation that the
property could not be resold. Mayor Boyette stated that
the preferred property could not be considered due to
the fact that the owners would not sell without a stipulation.
Mayor Boyette stated that the developer could not invest
$700,000 with a stipulation like that, should something
happen to the post office at that location. Mayor Boyette
also stated that the postal service required that properties
used for development be free from property restrictions.
Mayor Boyette stated that the United States Postal Service
(USPS) had worked with the town government to locate the
post office at the preferred site and he felt than any
additional delays would jeopardize Belhaven getting a
new postal facility. Mayor Boyette further stated that
the postal service may support a centralized post office
to serve several communities, which would then be located
out of the town limits of Belhaven. Following further
discussion, Councilwoman Heath made the motion directing
Town Manager Johnson to notify Ms. Ruthann Coburn with
the USPS, that the Town Council supports the development
of the post office on Old County Road. Councilman Baker
seconded the motion. There was additional discussion from
the pubic suggesting that the town postpone the relocation
of the post office until another site could be suggested.
Mayor Boyette reiterated that the town would then jeopardize
getting a new postal facility and the relocation of a
centralized postal facility may be reviewed. The motion
Mr. Jules Purvis questioned
would improvements of the streets be made and who would
Mayor Boyette stated that
the developer would be responsible for the streets leading
into the post office and that the town would make the
area more traversable as Old County Road is very narrow.
Mr. Steve Carawan stated
that the Old County Road site seemed to describe a site
that was inferior; Mayor Boyette stated yes, but we (the
town) have to make it work as it would be the town’s
obligation to have proper access.
Councilwoman Heath suggested
that those in the Community who volunteered money and
time be given a thank you for their efforts.
Mr. Marion Dilday questioned
why the post office could not be built where the temporary
office is located at this time. Mayor Boyette explained
that the property where the post office is temporarily
located is town owned property deeded to the Town of Belhaven
from Beaufort County because Federal Emergency Management
Act (FEMA) paid the school system for the property and
mandated that the property may never be built on again
due to FEMA’s buyout rules. Beaufort County then
donated the property to the town because they did not
want the responsibility of the maintenance on the property.
Town Manager Johnson stated
that the town accepted the property because it is adjacent
to the ball fields and can house concession stands, no
permanent use buildings, etc.
Effie-Raye Arts Society Request
Mayor Boyette stated that Ms. Yvonne Sedgwick,
President of the Effie-Raye Arts Society, had submitted
a request to the Council requesting that Pamlico Street
be closed from 9:00 A.M. – 6:00 P.M. on Pamlico
Street from Main Street to Water Street in order to have
art displayed on the street from local art students. Councilman
Hodges made the motion that with consent of a majority
of the business owners, the town would close Pamlico Street
from Main to Water Street from 9:00 A.M. – 6:00
P.M. on Saturday, April 10, 2004. Councilwoman Heath seconded
the motion which carried unanimously.
Mr. Bob Holz, Owner - Thistle Dew Inn
on Water Street, questioned if detour signs would be erected.
Town Manager Johnson stated "no because the closing
was for a one block portion and the route was obvious".
Citizens Request – Mrs.
Mayor Boyette stated that Mrs. VanStaaulduinen
had requested time on the agenda but could not attend tonight.
The Council concurred to include this request on the April
5, 2004 Agenda.
Committee (4th of July Status Report) – Mr. Harvey
“Butch” Raynor, Chairman
Mayor Boyette recognized Mr. Butch Raynor,
Chairman of the Celebration Committee who wanted to give
a July 4th Celebration Update.
Mr. Raynor stated that
the majority of festivities, including the parade would
be held on Saturday, July 3, 2004; Friday, July 2 the
beauty pageants will be held. Mr. Raynor stated that he
will approach the board later concerning streets closings,
etc. Mr. Raynor also stated that additional electric connections
were needed and more 220 volt connections were needed
for the vendors. Town Manager Johnson stated that additional
electric connections would not be a problem. The Mayor
and Council thanked Mr. Raynor for the information.
– First Baptist Church
Mayor Boyette recognized Mrs. Gloria Rogers,
Administrative Assistant with First Baptist Church who
was seeking permission to use town property to hold a
church sponsored carnival.
Mrs. Rogers explained
that the church was requesting to use town owned property
on the corner of Pantego and Kings Streets adjacent to
the Multi-Purpose Building (on the west side). Mrs. Rogers
stated that the area residents had been surveyed to inform
them of the week long carnival proposed in June. Mrs.
Rogers stated that out of 15 homes surveyed, 4 were not
home and all others gave a favorable response. Mrs. Rogers
did state that some of the homes on King Street were concerned
with parking in front of their homes and she stated that
the church/carnival would be responsible for no parking
signs. Mrs. Rogers further stated that the Carnival (Smokey
Mountain Amusements) would obtain all food permits, will
clean the property, furnish their own dumpsters, pay for
police support, provide posters for advertising, provide
their own generator, provide portable toilets and carry
$5 million in liability insurance naming First Baptist
Church and the Town of Belhaven as co-insurers.
Councilwoman Heath stated
that she was concerned with the children attending the
Boys & Girls Club around the carnival equipment during
the day. Mrs. Rogers stated that she had contacted Mr.
Redden Leggett, Director Beaufort County Boys and Girls
Club; who stated that daytime outside activities could
be curtailed for that week.
Town Manager Johnson stated
that per Recreation Director Sport Sawyer’s memorandum
recreation games were scheduled and other than noise and
parking it should not be a problem but, that ball games
would be held on all fields during the month of May and
Mrs. Rogers explained
that the carnival was a fund raiser for the church. Mrs.
Rogers stated that Smokey Mountain Amusements was not
interested in leaving a clean up deposit. Mrs. Rogers
then introduced Rev. Marc J. DeNeal.
Reverend DeNeal stated
that the church would furnish the clean up deposit and
appreciated the Council’s consideration.
some discussion, Councilman Baker made the motion to grant
the use of the town owned property on the corner of King
and Pantego Streets (on the west side of the Multi-Purpose
Building) for the purpose of First Baptist Church providing
a carnival by Smokey Mountain Amusements, as a fund raiser,
with the church paying the clean up deposit, during the
first week of June, 2004. Councilman Ebron seconded the
motion which carried unanimously.
Rogers asked could the property on the corner of Bay and
King Street be used for parking. Town Manager Johnson
stated that piece of property was also owned by the Town
and that would not be a problem.
– Touched By Him Global Ministries, Inc. –
Evangelist Cal Sherman
Mayor Boyette stated that Evangelist Cal
Sherman had requested time on the agenda to ask permission
to utilize town owned property to conduct a three day/night
tent revival. Mayor Boyette asked if anyone was present
representing this request. Mayor Boyette recognized Mr.
Cindy Christiano, Board Member of Touched By Him Global
Ministries, Inc. (TBHGM).
Ms. Christiano stated
that they wished to use the property on the corner of
King and Pantego Streets (same area as requested for the
carnival) to hold a revival on Thursday, Friday and Saturday,
May 20, 21, and 22, 2004. Ms. Christiano stated that the
services nightly would be from 7 – 10 P.M. with
daytime service on Friday and Saturday from 10:00 A.M.
Town Manager Johnson stated
that there would be no Little League Games on Friday night
but other leagues would be playing that night along with
games on Thursday, Friday and Saturday and that parking
may be a concern as an expected 200 people would be approximately
Ms. Christiano stated
that TBHGM had 1 million insurance policy and that they
would purchase event insurance and name the Town of Belhaven
as the co-insured.
Town Manager Johnson stated
that the area neighborhood would need to notify of the
intent of this event and that a $100 clean up deposit
would be needed.
Following additional discussion,
Councilman Ebron made the motion to allow TBHGM permission
to use the town’s property on the corner of West
Pantego and King Street for a tent revival from Thursday
– Saturday, May 20-22, 2004 with a $100 clean up
deposit. Councilman Baker seconded the motion which carried
Town Manager Johnson reported briefly on
1) Departmental reports
included in the packets for review;
2) Fire/Rescue Chief,
Paul Wood, Jr. and the department are pleased with the
purchase of the new ambulance;
3) State’s Criteria
for next elevation project: a) owner/occupied; b) had
to have damage during Hurricane Isabell; c) much less
money than originally thought; d) Belhaven is a high priority;
e) no repair monies for damages through any other funds
as in the previous grant; and homes will be reviewed individually.
Councilman Hodges suggested
that when the grant is funded that an informational meeting
be held at the Civic Center.
Town Manager Johnson also
stated that the Corps of Engineers were reviewing the
breakwater and are considering repairing; Town Manager
Johnson and Mayor Boyette both stated that the breakwater
needed to be replaced.
Mayor Boyette thanked Mr. Bob Holz, the
Town’s RPO representative to the Mid East Commission
for his report on their last meeting which included monies
for bike/pedestrian path on 80/20 grants; no commitment
on the replacement of bridge 64 over Pungo Creek, Mr.
Holz stressed the need to remind DOT of the town’s
concern of detours when this bridge is replaced –
may need to reissue resolution and statements of concern
(Council discussed – bring back next meeting); Mayor
Boyette had spoken with Mr. Joe Lassiter, Engineer for
the developers of the Sea Safari property, waiting for
permits from stated; town has been granted the funds for
the sewer extension but has not received; and stated that
Sea Safari may operate at the present site this season.
There being no comments from the public,
Councilman Hodges made the motion to adjourn. Councilwoman
Heath seconded the motion which carried unanimously. The
meeting adjourned t 9:07 P.M.