The Town Council of the Town of Belhaven met in regular
session and held a public hearing on Monday, April 19, 2004
at 7:30 P.M. in the Council Chambers at Town Hall. Dr. Charles
O. Boyette 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 recognized
Reverend Randy Ivey, Minister of Belhaven Missionary Baptist
Church, who gave the invocation.
– Auxiliary Police – Amend Article 10 Town
Mayor Boyette stated that the Town needed to amend the
Town Charter to include auxiliary police to insure that
these unpaid officers who be covered under the workman’s
compensation insurance if injured while serving. Mayor
Boyette called the public hearing to order at 7:32 P.M.
There being no comments from the public, Mayor Boyette
declared the public hearing closed at 7:33 P.M.
Minutes – Regular Session April 5, 2004
Mayor Boyette stated that the minutes of the April 5,
2004 meeting were open for review and adoption. There
being no corrections to the minutes, Councilman Baker
made the motion to approve the minutes as written. Councilman
Ebron seconded the motion which carried unanimously.
Mayor Boyette stated he wanted to recognize Town Clerk
Marie J. Adams and read the following proclamation. Following
the reading of the proclamation Mayor Boyette and the
Council thanked the Clerk for her “job well done”
while the audience applauded.
35TH ANNUAL MUNICIPAL CLERKS WEEK
MAY 2 THROUGH MAY 8, 2004
the Office of the Municipal Clerk, a time honored
and vital part of local government exists throughout
the world; and
WHERAS, the Office of the Municipal Clerk is the
oldest among public servants; and
WHEREAS, the Office of the Municipal Clerk provides
the professional link between the citizens, the
local governing bodies and agencies of government
at other levels; and
WHEREAS, the Municipal Clerks continually strive
to improve the administration of the affairs of
the Office of the Municipal Clerk through participation
in education programs, seminars, workshops and the
annual meetings of their state, province, county
and international professional organizations; and
WHEREAS, it is most appropriate that we recognize
the accomplishments of the Office of the Municipal
NOW, THEREFORE, I, Dr. Charles O. Boyette, Mayor
of the Town of Belhaven, do recognize the week of
May 2 through May 8, 2004 as “Municipal Clerks
Week”, and further extend appreciation to
our Municipal Clerk, Marie J. Adams and to all Municipal
Clerks for the vital services they perform and their
exemplary dedication to the communities they represent.
Day of Prayer Proclamation
Mayor Boyette stated that as Mayor, he wanted to proclaim
Thursday, May 6, 2004 as a National Day of Prayer in Belhaven.
Mayor Boyette read the proclamation
Day of Prayer
May 6, 2004
Belhaven, North Carolina
the year 2004 marks the 53rd Annual National Day of
Prayer with this year’s theme, “ Let Freedom
Ring” and focus Scripture, “proclaim liberty
throughout this land and to all its inhabitants”–
Leviticus 25:10, and
WHEREAS, civic prayers and national days of prayer
have a long history and close identity with our United
States of America, and
WHEREAS, the Supreme Court, the United States Congress,
State Legislature, and the Town of Belhaven, begin
each meeting with prayer, and
WHEREAS, the National Day of Prayer is an opportunity
for Americans of all faiths to join in united prayer
to acknowledge our dependence on God, to give thanks
for blessings received, to request healing for wounds
endured, and to ask God to guide our leaders and bring
wholeness and unity to all states and all citizens,
WHEREAS, it is fitting that Belhaven and all her people
be enjoined in a day of prayer to give thanks and
to seek strengthening of religious and mortal values.
NOW THEREFORE, I, Dr. Charles O. Boyette, Mayor of
Belhaven do hereby proclaim Thursday, May 6, 2004,
to be designated as A DAY OF PRAYER IN BELHAVEN.
Boyette asked the ministers in attendance to approach
the Council table to receive their proclamations. The
ministers present receiving proclamations were: Mr. Douglas
Cogdell, Mrs. Debra Cogdell, Mr. Randy Ivey and Mrs. Wilhelmania
County Economic Development Commission (BCEDC)
Mayor Boyette stated that the Town of Belhaven had been
an active member of the Beaufort County Economic Development
Commission and the request of dues had been submitted
for Fiscal Year 2004/2005 in the amount of $12,890 for
membership. Mayor Boyette stated that the Beaufort County
Economic Development Commission (BCEDC) had assisted with
the first phase of the Waterfront Development Plan with
the relocation of Sea Safari off of 264 which will allow
the development to their present waterfront property.
Mayor Boyette stressed the need to remain a member of
the BCEDC and to keep a good working relationship with
the County. Mayor Boyette stated that the dues for Belhaven
were population based at 1968 population by $6.55 per
capita which equals the $12,890. Councilman Baker made
the motion to maintain membership in the BCEDC. Councilwoman
Heath seconded the motion which carried unanimously.
a separate issue, Mayor Boyette stated that Beaufort County
governing officials were considering a change in the way
that sales tax revenues are distributed. Mayor Boyette
stated that now tax revenues are distributed based on
population and that the county was considering changing
the method of distribution to ad valorem based. Town Manager
Johnson stated that if the County should make this change
in distribution, the Town of Belhaven would loose approximately
$176,000 in revenue. Mayor Boyette stressed that the Town
should denounce the reviewed tax distribution change before
the issue gets to the point of a motion. Mayor Boyette
also stated that the Town should make their position known
so that other towns may make their wishes known. After
Council discussion, Councilwoman Heath made the motion
opposing the consideration of Beaufort County governing
officials considering a change in the distribution of
tax revenues and directed Town Manager Johnson to inform
Beaufort County officials of their opposition. Councilman
Baker seconded the motion. Mayor Boyette recognized Mr.
James McKelvey, a business owner who stated that by collecting
that tax he supported the tax being distributed based
on population. Mayor Boyette asked for a count of the
motion, which carried unanimously.
Mayor Boyette stated that Ms. Allison Platt of Allison
Platt and Association had submitted a proposal and scope
of services for the central business district in downtown
Belhaven that would cost an estimated $30,000. Mayor Boyette
stated that Ms. Platt had developed the Waterfront Plan
which was now beginning with Phase I at the Sea Safari
site on Water Street. Mayor Boyette stated that should
a plan not be in place and ready when downtown development
starts then there would be no orderly development of the
Boyette recognized Mr. Marion Dilday who stated that pubic
input would be needed. Mayor Boyette agreed and stated
that should someone be hired to develop a plan then public
meetings would be held just as they were for the Waterfront
Development. Mayor Boyette stated that this information
was submitted for input only at this time.
Development Revitalization, Inc. (DBR) – Mr. James
Mayor Boyette recognized Mr. James McKelvey, co-owner
of Wine and Words who approached the board to inform them
of a new advisory committee. Mr. McKelvey stated that
Belhaven should be prepared for downtown development when
the waterfront development starts, if not someone else
would be planning our downtown. Mr. McKelvey stated that
this newly composed Downtown Development Revitalization,
Inc. (DBR) was composed of the following members: Mr.
Walton P. O’Neal, III (Neal); Mrs. Teresa VanStaauldunien,
Mrs. Susan D. Smith, Mrs. Deborah Dewey and Mrs. Nancy
Gooding, Mr. Bill Guinn and himself. Mr. McKelvey stated
that the DBR would have their first meeting this Thursday
and was very eager to get started. Mr. McKelvey stated
that the DBR would focus on the downtown business district
but would also have interest in the corridors coming into
town. Mayor Boyette asked if there were any questions
or comments from the Council or the public: Miss Amy Powell
asked if other business owners could approach the DBR
board, Mr. McKelvey stated yes, either individually or
collectively and that public forum meetings would be held
to receive public input; Mr. Bob Holz suggested that the
Town give DBR time to review the downtown reutilization
before hiring Allison Platt & Associates. Mr. McKelvey
stated that he would report back to the Council in approximately
Communications Cable Franchise
Mayor Boyette stated that Mr. Jerry Stender of Clearwater
Communications had requested to be included on the agenda
to inquire about the possibility of acquiring a franchise
agreement for the operation of a new cable service for
Stender approached the council and presented them with
a proposal concerning cable packages and rates. Mr. Stender
stated that he would like to operate a multi-county cable,
internet, etc. franchise with Belhaven being the hub.
Mr. Stender stated that the purpose for this franchise
request was to give the customers a choice of cable service
in the multi-county area. Mr. Stender stated that this
would be an analog system with no “outside equipment”
needed such as receivers that would have their own remotes,
etc. Mr. Stender stated that a large number of residents
in the area would prefer to have cable service but not
have the worry with 3 or 4 remotes to operate their television/cable
system. Mr. Stender explained that the primary lines would
be underground and on poles.
Boyette asked for questions from the Council or public.
Wilkerson asked if this area could support two cable companies.
Mr. Stender stated that his purpose was to give cable
customers a choice and he felt that expanding into surrounding
counties two companies could survive.
Boyette asked what time line was Clearwater hoping to
meet. Mr. Stender stated that he was looking into the
former post office site on the corner of Union and Pungo
Streets and the office site and would like to proceed
in approximately 30 days.
Boyette stated that Belhaven Cable should be considered
also at this time as they had provided many services for
twenty-two years. Town Manager Johnson stated that any
party can apply for a franchise and that the town would
be obligated if the applicant meets all town obligations.
Stender stated that he was not out to put anyone out of
business, that he just wanted to give the public a choice.
Heath questioned if the guideline/rules for a franchise
could be amended if needed. Town Manager Johnson stated
yes, by an ordinance amendment.
Randy Ivey asked if digital television was proposed to
be offered. Mr. Stender stated no.
Boyette asked the Council would they like to afford Belhaven
Cable representatives an opportunity to approach the Council
either tonight or the next Council meeting. The consensus
of the Council was to hear from Belhaven Cable at the
next Council meeting.
Charter Amendment – To Include Auxiliary Police
Mayor Boyette stated that a public hearing was held earlier
in the meeting to obtain public input concerning the amendment
of the town charter to include auxiliary officers.
Town Manager Johnson stated that the town currently has
three positions for auxiliary officers with two of the
three positions filled at the present time. Mayor Boyette
stated that the amendment would insure that the auxiliary
officers would be covered under the town’s workman’s
compensation insurance should they get injured while serving
the town in their auxiliary position.
being no further discussion, Mayor Boyette asked for a
motion, Councilman Hodges made the motion to amend the
Town Charter to include:
It is hereby established that within the Town
of Belhaven, unpaid auxiliary police officers, composed
by as many as the Town Manager or Police Chief deem necessary
are part of the Belhaven Police Department. Councilwoman
Wilkerson seconded the motion which carried unanimously.
Ordinance 739 Heber Street – Mister Steve and Ted
Mayor Boyette stated that at the March 15, 2004 Town Council
meeting, the Council had voted to allow Misters Steve
and Ted Carawan to “purchase the necessary permits
within 30 days and to have the mobile home in compliance
within 90 days”. Mayor Boyette stated that the 30
days for permit purchase had expired and that no work
had proceeded on the property.
Manager Johnson stated that Mr. Overholt had called Mr.
Steve Carawan on April 14, as he instructed, to remind
Mr. Carawan of the 30 day deadline to purchase permits,
so that the deadline would not be an issue. Town Manager
Johnson stated that Misters Carawan had come in on Thursday,
April 15, around 4 PM, and met with Mr. Martin Overholt,
Code Enforcement Officer but refused to purchase a permit
when Mr. Overholt proceeded to review the scope of work.
Steve and Ted Carawan stated that they had not agreed
to that type of repair which included a new FEMA foundation
with rebar etc. Mr. Carawan asked if the Council thought
that was the scope of work. Mr. Steve Carawan questioned
the Council if they thought the scope of work included
a FEMA foundation with rebar? Mr. Steve Carawan then stated
that Councilman Hodges was shaking his head, no. There
was much discourse as Mr. Steve Carawan stated that he
had met, prior the March 15, 2004 Council meeting, with
Town Attorney Keith Mason and that he had not agreed to
that. In a berating tone, Mr. Carawan stated that he had
approached the Council with this issue for the first time
several months ago in “good faith” and felt
he had been taken advantage of by the Town and
Town Attorney Mason. Following additional discussion,
Mr. Bob Holtz, from the audience, suggested that the minutes
Excerpt was inserted in the Agenda Packets and is from
the March 15, 2004 minutes which Mayor Boyette referenced,
the bolded portion of the minutes as follows:
739 Heber Street Flood Ordinance – Condemnation
Ordinance - VACATE
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.
Attorney Mason stated that Mr. Overholt had done nothing
improper; but that his concern was procedural. Attorney
Mason stated 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
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.
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.
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.
Boyette recognized Mr. Martin Overholt, who stated that
he would work with the Carawans in anyway to see that
the repairs and inspections progressed smoothly.
Carawan stated that the information in the minutes was
not correct as stated.
Marion Dilday, from the audience stated that he was at
the meeting and did not remember that information either.
Boyette questioned if the minutes submitted by the Town
Clerk were being questioned for accuracy. Mr. Carawan
stated that the minutes were erroneousness and Mr. Dilday
Heath asked what should have taken place after the meeting
of March 15, 2004. Mr. Martin stated that Misters Carawan
would come in the office; get the permit and the scope
additional discussion, Councilman Baker made the motion
that this issue be tabled at this time and reviewed again
on May 3, 2004 when Town Attorney Keith Mason can be present
and participate in the discussions.
Mayor Boyette reported briefly on the following issues:
letter and resolution has been sent to the Department
of Transportation (DOT) and representatives concerning
the town’s position on the bridge over Pungo Creek
Town Manager Johnson reported briefly on the following
issues: Inflow and Infiltration (I & I) work complete
recommendation report should be forthcoming soon; departmental
reports included in packet; Floodplain - notice in newspaper
concerning primary home owner (owner occupied); business
deposits are legal in the way in which the town handles
them; Urgent Need Grant is favorable for the immediate
repair of Wynn View building; Citizen of the Year Banquet
– Thursday, April 22, 6:30 P.M. at the Wilkinson
Center; Mayor Boyette announced that the Beaufort County
Mayor’s Association would meet prior to that banquet
at 6:00 P.M. in the same building; Mayor Boyette stated
that Mr. Bob Holz was a representative for the Mid East
Commission’s RPO and stated that his term would
be up for reappointment June 2004 and be included on next
month’s agenda; Mr. Holz stated that some beautification
monies were available for Tier 1 and Tier 2 and can be
used for street light beautification.
Mayor Boyette recognized the following who spoke briefly:
Mr. Julian Goff, who stated that the play “Harvey”
would be performed at Eeii’s Art Gallery on Thursday,
Friday and Saturday this week and invited the public.
Office Site (Downtown) Revisited
Mr. Goff stated that he, Mr. Marion Dilday and Mr. Russell
Johnston had formed a group to support locating the post
Johnston stated that he had contacted Ms. Coburn with
the Real Estate Division of the post office and stated
that she could give a two week extension to allow this
committee to find a suitable downtown location before
the contract to build is issued. Mr. Johnston stated that
while talking to Ms. Coburn she did not state that by
delaying the post office construction on Old County Road
that the funds would be allocated somewhere else.
Dilday stated that he had contacted Representative Arthur
Williams to see if the post office could be located at
the present site.
Goff stated that in order for this committee to proceed
they would need Council support.
Boyette stated that he would be concerned about losing
a contract to build a new post office here in Belhaven
should the contract be delayed again.
Heath suggested that the “committee” get something
in writing from Ms. Coburn stating that the suggested
delay would not jeopardize a new post office for Belhaven.
The “committee” refused.
Goff asked for Council support and stated that the committee
was given two weeks. Mr. Goff stated that the committee
wanted to make one last effort to locate the post office
Boyette stated that the town had reviewed property in
the downtown district for the 1 ½ years and had
suffered delays when the “Bishop” property
on the corner on Main and Railroad Streets was reviewed.
Manager Johnson asked if the committee had a particular
parcel of property in mind, Mr. Goff stated no.
Hodges made the motion for the town to write a letter
supporting the location of the post office downtown provided
it does not hold up construction and they get an extension
in writing from the postal officials and for the committee,
Mr. Goff, Mr. Dilday and Mr. Johnston to proceed. Councilwoman
Wilkerson seconded the motion.
Prior to Final Vote of Motion
There was much discussion concerning the delay for two
additional weeks, Mr. Johnston read a letter from the
US Postal Service addressed to Congressman Jones. The
letter is as follows:
Councilwoman Heath asked that any information from the
committee be shared with the town officials. Mayor Boyette
stated that he was concerned with the delay of the post
office bid again.
Mable Satterthwaite asked why delay the contract again
and why not support the Old County Road site.
Goff stated that the post office was an element of the
downtown and needed to be in the downtown.
of the Motion
The motion carried unanimously.
There be no further business, Councilwoman Wilkerson made
the motion to adjourn. Councilwoman Heath seconded the
motion which carried unanimously. The meeting adjourned
at 9:50 P.M.