The Town Council of the Town of Belhaven met in Regular
Session and held two Public Hearings on Monday, September
20, 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., 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. Mayor Boyette gave the invocation.
– Community Development Block Grant – Urgent
Needs (CDBG-UN) for Repair and Stabilization of Wynne
Mayor Boyette stated that due to advertising conflicts
for the public hearing held on January 5, 2004 that the
Council needed to hold an additional public hearing for
the CDBG-UN for the repair and stabilization of the Wynne
View Building. Mayor Boyette stated that the Town had
already received the grant for $495,000 in which the town
will act as the pass-through for this grant. Mayor Boyette
stated that the structural decline of the building was
in the process of litigation due to the building not having
the proper number of supports.
called the public hearing to order at 7:33 P.M. and asked
for any comments from the public. Mayor
Boyette recognized the following citizens:
Mr. Marion Dilday, 672
Water Street questioned why there was no bid for repairs
of the Wynne View Building. Town Manager Johnson stated
that the pre-construction conference was held last week
and had several contractors in attendance.
Mr. Jules Purvis, 371
Lamont Street asked why was the town so involved in the
Wynne View Building repairs, was there any ownership by
the town? Town Manager Johnson stated that 51% of the
ownership was held by NEBCED (Northeastern Beaufort County
Economic Development) which was a non-profit responsible
for economic development in northeastern Beaufort County
(of which Belhaven is a part of) and that CDBH (Community
Developers of Beaufort-Hyde) owned 49%.
Town Manager Johnson further
explained that the grant monies originally applied for
and received by the Town were in the amount of $999,994
to construct the Wynne View Building.
Town Manager Johnson also
informed the public that should there be a litigation
settlement for the Wynne View building then any proceeds
received up to the $495,000 grant would be paid back to
Mr. Bob Holz, 443 Water
Street, questioned why it had taken so long to bid on
the project. Town Manager Johnson stated that an engineer
was hard to find to correct work which was in litigation.
Mr. Ben Johnson, representing
Riddick & Windley Hardware, questioned the possible
closing of Wynne’s Gut Lane during the repair/stabilization
of Wynne View. Town Manager Johnson stated that that lane
may have to be closed for one to two days at a time. But
not for long extended periods of days.
There being no further comments, Mayor
Boyette declared the public hearing closed at 7:42 P.M.
Hearing – Community Development Block Grant –
Concentrated Needs (CDBG-CN) Grant Application for 2005/2006
Mayor Boyette stated that the Town Council would hold
a public hearing to receive public comments concerning
a grant application for a CDBG-CN for funding cycle 2005/2006.
Boyette recognized Mr. Reed Whitesell, Vice-President
of Holland Consulting Planners, Inc. (HCP) who has administered
grants in the past and will be making the application
for the town. Mr. Whitesell stated that the maximum amount
that can be applied for is $700,000 with $105,000 of that
being used for scattered sites. Mr. Whitesell introduced
Mrs. Nicole Ahearn, Project Administrator of this grant,
if funded, who had worked on many grants in Belhaven including
the elevation grant. Mr. Whitesell stated he, Mrs. Ahearn
and Public Works staff had viewed several areas in need
of public infrastructure improvements (water and sewer)
in the areas of West Pantego, Harbinger and Bay Street.
Mr. Whitesell stated that the grant application was due
November 12, 2004.
Boyette called the public hearing to order at 7:43 P.M.
Boyette recognized Mr. Jules Purvis of 371 Lamont Street.
Mr. Purvis suggested that grant monies be utilized to
remove substandard dwellings. Mr. Whitesell stated that
the removal, demolition of condemned homes could be included
in the scattered site part of the project in an amount
not to exceed $107,000.
being no further comments, Mayor Boyette declared the
public hearing closed at 7:52 P.M.
of Minutes – August 16, 2004 – Regular Session
Mayor Boyette stated that the minutes of the August 16,
2004 Regular Session were open for review and adoption.
There being no corrections to the minutes, Councilman
Ebron made the motion to adopt the August 16, 2004 Regular
Session minutes. Councilwoman Heath seconded the motion
which carried unanimously.
Burn Communications, LLC Franchise Application
Mayor Boyette stated that Sun Burn Communications, LLC
had submitted a Cable Television Franchise Application
to the Town Council.
Boyette recognized Ms. Ranee Singleton, Attorney for Mr.
J. C. Singleton, Proprietor of Sun Burn Communications,
LLC. (SBC). Ms. Singleton stated that the franchise application
was enclosed for review.
Baker questioned the date in which a public hearing could
be held and stated that Mrs. Leverett of Belhaven Cable
Television had asked that the public hearing not be held
at the October 4, 2004 meeting as she would be out of
Manager Johnson stated that the public hearing could be
held at any time the Council deems as long as the advertisement
timelines are met. Ms. Ranee Singleton stated that a public
hearing is not required.
Boyette recognized Mr. Jerry Stender, resident of 580
E. Water, who was a former business associate of the current
franchise applicant, Mr. J. C. Singleton.
Stender, who is not a part of (SBC) stated the he had
filed legal action against J. C. Singleton earlier today.
Mr. Stender also questioned the franchise application
of SBC and as to when the Council had reviewed. Town Manager
Johnson stated that the application from SBC was included
in their packet.
Boyette heard many interrupting comments from Mr. Stender
and Ms. Donneta Midkiff (Mr. Stender’s wife) concerning
the franchise application by Mr. J. C. Singleton and Stender’s
comments concerning Mr. Singleton’s absence at the
meeting. Ms. Ranee Singleton, Attorney for Mr. Singleton
stated that her client would not be attending any public
meeting if legal action had been filed against him and
that she would represent Mr. Singleton. During the comments
and accusations from the Stender/Midkiff parties,
Boyette used the gavel to get attention and some order
in the meeting, to no avail.
Heath asked Town Attorney Mason for his comments.
Mason stated that the Mayor could end the debate at any
this time Town Clerk Adams was directed by Town Manager
Johnson to get an officer in the meeting to keep the audience
in control. There was additional confrontation from the
Stender/Midkiff parties as Town Attorney tried to explain
the irrelevance of their litigation against Mr. Singleton
and his application for cable franchise.
Boyette then stated that the Council should set a public
hearing date for the cable franchise application presented
by Mr. J. C. Singleton as Sun Burn Communications, LLC.
Corki Leverett, Owner of Belhaven Cable Television stated
that she would like to be present as the public hearing
so that he could speak. Mrs. Leverett also asked for a
copy of the franchise agreement ordinance. Ms. Singleton,
upon the Council’s approval, handed Mrs. Leverett
the document. Mayor Boyette asked for a public hearing
Baker made the motion to hold a public hearing on October
18, 2004 at 7:30 P.M. prior to the regularly scheduled
meeting. Councilwoman Heath seconded the motion which
Boyette recognized Mr. Butch Raynor who inquired as to
when the vote on the cable franchise issue would take
discussion, Councilman Hodges made the motion to vote
on Sun Burn Communications Franchise Application on November
1 and 15, 2004.
Manager Johnson stated that the ordinance had to be voted
on at two separate meetings. Councilwoman Heath seconded
the motion which carried unanimously.
of Support for Amendment One – Self Financing Bond
Mayor Boyette stated that he had asked that this item
be included on the Agenda to inform the voting citizenry
of the purpose of this resolution of support. Mayor Boyette
stated that by supporting this amendment then towns in
North Carolina could initiate self-financing development
bonds for local economic development in local municipalities.
Mayor Boyette stated that North Carolina was one of two
states that did not already have this referendum. Mayor
Boyette highlighted the intent of the resolution. (Insert
reso) Councilman Baker seconded the motion which carried
Truck Pumper/Tanker Purchase - $158,977 CW Williams
Mayor Boyette stated that the Town had held a bid opening
on August 28, 2004. Mayor Boyette stated that the Fire
Department had specifications for a 1250 GPM Pumper/ 2004
International with Quick Dump Tanker Capabilities. Mayor
Boyette stated that Good Hope Fire Apparatus did not quote
on the specifications. Mayor Boyette stated that the following
bids were received:
South Mills, NCDeposit
– OK Bid
Bond – OK
Bid - $158,977 International Pumper
Good Hope Fire
Apparatus, Inc. Deposit
– no Bid
Bond – no
Bid - $142,000 2005 Peterbuilt Tanker
Bid - $147,000 2005 International Tanker
Farm Equipment, Inc.
Mooresville, NC Deposit
– no Bid
Bond – no
Bid - $166,886 Extra Included not specified in invitation
Boyette asked for a motion to approve the purchase of
a new 1250 GPM fire truck pumper tanker to replace a 1973
750 GPM pumper and a 1980 tanker.
Hodges made the motion to award the fire truck bid to
CW Williams in the amount of $158,977 and further authorize
the Town Manager and Finance Officer to arrange financing
for the vehicle. Councilman Ebron seconded the motion.
Boyette recognized Mr. Jack Gunn, resident, who asked
if the truck purchased could take care of future waterfront
development or would a snorkel truck be needed. Town Manager
Johnson stated that if the development stayed within the
height limitations as specified in the zoning ordinance
then the new truck could handle it but if it exceeded
then requests to assist in purchasing a snorkel would
be in line.
Holz questioned if there was anything wrong with the 1973
and 1980 trucks which were being replaced, other than
age? Town Manager Johnson stated that these trucks did
not meet state specifications.
Boyette stated that in the near future fire and rescue
officials and himself and Town Manager Johnson would be
meeting to hopefully get information to help them implement
billing for their rescue services. Mayor Boyette also
emphasized the need to have a new police and fire/rescue
building and that ways to finance are still be researched.
Boyette asked for a call on the motion. The motion carried
Properties Inc. Sewer Request
Mayor Boyette stated that Mr. Bill Hollan, President of
Turnpike Properties, Inc. had appeared before the Council
at the August 16, 2004 Council meeting to ask the Council
to consider furnishing sewer to property between Winsteadville
and Pamlico Beach for a new subdivision of 200 to 300
homesites on 800 acres of property. Mayor
Boyette stated that the developer would pay for the installation
of the sewer lines and pumping stations and then deed
the estimated $1,000,000 worth of sewer equipment and
lines to the town.
Boyette stated that the Town Council should consider this
proposal and also insure that the town has enough capacity
for future growth. The Mayor stated that Town Manager
Johnson had reviewed the proposal and that the town has
220,000 gallons per day (GPD) of additional flow which
could be allocated to areas outside the town’s planning
jurisdiction without jeopardizing building out of the
town based on the current town limits. Mayor Boyette stated
that the commercial and residential growth at peak levels
had also been taken into consideration but did not include
a heavy water using industry.
Ebron asked if the out of town sewer use would impact
the sewer fees for the citizens. Town Manager Johnson
stated that in the long run; yes, it would keep rates
lower for in-town residents.
Wilkerson asked how much sewer flow could be saved with
the correction of the inflow and infiltration (I &
I). Town Manager Johnson stated that the town would have
100,000 (plus) gallons of available sewer flow.
James McKelvey, local business owner, stated that he would
support the sewer extension to the proposed development
as these residents would shop in our town.
Marion Dilday, resident, asked the cost of repairing the
I & I. Town Manager Johnson stated that the cost to
repair the first round of I & I is estimated at $468,000.
Boyette stated that the proposed $500,000 impact fee,
for this project, could cover the cost of the I &
Jack Gunn, resident, stated that the sewer lines may have
to cross rivers/creeks and stated that this may add environmental
concerns. Town Manager Johnson stated that laying sewer
lines under railroads and river/creeks are the most expensive
and with experienced contractors this can be an environmentally
safe project. Town Manager Johnson also stated that the
lines may be laid from US Hwy 264 up Creek Road or Yeatesville
Hodges questioned the need to expand the water and sewer
department with the added out of town responsibilities.
Town Manager Johnson stated that another employee was
already needed and would suffice with this project.
Boyette recognized Mr. Bill Hollan, President of Turnpike
Properties, Inc. Mr. Hollan stated that his company was
familiar with municipal sewer systems, the laying of sewer
lines etc. as they had subdivisions in other locations
in North Carolina. Mr. Hollan stated that the decision
to furnish the sewer for this 200 – 300 home subdivision
was a political decision for the Town as the subdivision
is proposed to use an estimated 90,000 gallons per day.
Mr. Hollan also stated that the subdivision would not
resale any of the 90,000 capacity which was not used.
Boyette stated this was an opportunity for the town and
that the credibility of Turnpike Properties “speaks
for itself”. Mayor Boyette also stated there was
no need to wait 5 – 10 years as the opportunity
Baker made the motion to authorize the Town Manager and
Town Attorney to proceed with the details to extend the
sewer to Turnpike Properties, Inc. and to bring back the
legal agreements to the Council for approval. Councilman
Hodges seconded the motion which carried unanimously.
Downtown Area Revitalization and Enhancement (DARE)
Mayor Boyette recognized Mr. James McKelvey representing
the Belhaven Downtown Area Revitalization and Enhancement
McKelvey stated that DARE board members also in attendance
were Mr. Larry Pleasant, Mr. Albert Baker (also Councilman)
and Mrs. Deborah Dewey. Mr. McKelvey stated that DARE
had met with Ms. Allison Platt concerning the implementation
of a Downtown Revitalization Plan. Mr. McKelvey explained
that the plan would be in two parts
public use areas including parking areas and
street scapes and
the architectural study which would be a guide
for new construction and renovations.
McKelvey stated that the cost of both plans would be $45,000
and was being financed by the businesses raising $15,000
through fund raisers, the Beaufort County Committee of
100 investing $15,000 and the town investing $15,000.
Boyette stated that he felt that the $15,000 would be
a reasonable investment for the town. Mr. McKelvey stated
that a plan would help with any grant monies sought for
downtown revitalization as having a goal.
Manager Johnson stated that DARE should have a written
commitment from the Beaufort County Committee of 100 and
have DARE’s 1/3 raised before the town would actually
McKelvey stated that Ms. Platt was going to need to be
paid as the plan progressed so funds would be needed to
start the project.
some discussion, Councilwoman Wilkerson made the motion
for the town to appropriated and disburse up to $15,000
of bills submitted, for the Downtown Revitalization Plan.
Councilman Baker seconded the motion which carried unanimously.
Christian Academy – Request to Waive Town Code 130.01
for Turkey Shoot
Mayor Boyette recognized Mrs. Connie Benson representing
Pungo Christian Academy. Mrs. Benson stated that Pungo
Christian Academy wanted to add a Turkey Shoot to their
fund raiser on November 13, 2004 from 3 – 7 P.M.
Mrs. Benson stated that shot guns would be used behind
the school shooting towards the river with the North Carolina
Certified Hunter Safety Instructors present and overseeing
the shoot. There being no questions, Councilman Hodges
made the motion to waive Town Code 130.01 (Discharge of
Firearms) for November 13, 2004 from 3 – 7 P.M.
behind Pungo Christian Academy at 1009 West Main Street.
Councilman Ebron seconded the motion which carried unanimously.
– Mayor’s Comments
Mayor Boyette stated that Mr. Greg Coltrain, President
of the Belhaven Community Chamber of Commerce could not
be present but wanted the Town to know that Ms. Rhonda
Whitehurst had quit employment with the Chamber.
Mayor Boyette conveyed that the Chamber would be open,
until a replacement is made, on Thursdays and Fridays
and one more ½ day.
Town Manager Johnson stated that the Beaufort County Commissioners
had moved the Transportation Improvement Plan Priority
to 4-lane US Hwy 264 from Douglas Cross Roads to Belhaven
down on the priority list. After some discussion, Mayor
Boyette, with the consensus of the Council was to have
Town Manager Johnson notify the Beaufort County Commissioners
concerning this roadway priority.
Mrs. Jane Dilday, resident, questioned the status of monies
available to elevate additional homes. Town Manager Johnson
stated that at the next meeting, the Council will hire
a consultant to administer this program.
Minute Break and Reconvene Into Closed Session as Permitted
by GS 143-318.11(6) Personnel
Councilwoman Heath made the motion to take a five minute
break and to reconvene into Closed Session as permitted
by GS 143-318.11(6) Personnel. Councilwoman Wilkerson
seconded the motion which carried unanimously. The meeting
recessed at 9:40 P.M. Town Attorney Keith B. Mason and
Town Clerk Marie J. Adams were dismissed from the meeting
at this time.
In Regular Session
Councilman Baker made a motion to leave closed session
and to re-enter regular session at 10:42 P.M. Councilwoman
Heath seconded the motion which carried unanimously.
Councilman Ebron stated the Town Council had held a comprehensive
evaluation of the Town Manager’s work during the
closed session and made a motion to raise the Town Manager’s
salary to $91,000 per year, and that the Town Manager
also be given a $4,000 bonus. Councilman Hodges seconded
the motion which carried unanimously.
Councilwoman Heath made the motion to adjourn at 10:44
P.M. Councilman Hodges seconded the motion which carried