Public Hearing – Community Development Block Grant – Concentrated Needs (CDBG-CN) Grant Application for 2005/2006 Funding Cycle
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.

Mayor 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.

Mayor Boyette called the public hearing to order at 7:43 P.M.

Mayor 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.

There being no further comments, Mayor Boyette declared the public hearing closed at 7:52 P.M.

Approval 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.

Sun Burn Communications, LLC Franchise Application
Mayor Boyette stated that Sun Burn Communications, LLC had submitted a Cable Television Franchise Application to the Town Council.

Mayor 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.

Councilman 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 town.

Town 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.

Mayor 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.

Mr. 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.

Mayor 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,

Mayor Boyette used the gavel to get attention and some order in the meeting, to no avail.

Councilwoman Heath asked Town Attorney Mason for his comments.

Attorney Mason stated that the Mayor could end the debate at any time.

At 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.

Mayor 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.

Mrs. 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 date.

Councilman 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 carried unanimously.

Mayor Boyette recognized Mr. Butch Raynor who inquired as to when the vote on the cable franchise issue would take place.

Following discussion, Councilman Hodges made the motion to vote on Sun Burn Communications Franchise Application on November 1 and 15, 2004.

Town Manager Johnson stated that the ordinance had to be voted on at two separate meetings. Councilwoman Heath seconded the motion which carried unanimously.

Resolution of Support for Amendment One – Self Financing Bond Referendum
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 unanimously.

Fire 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:

CW Williams
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

Moore Farm Equipment, Inc.
Mooresville, NC Deposit – no Bid Bond – no
Bid - $166,886 Extra Included not specified in invitation to bid

Mayor 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.

Councilman 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.

Mayor 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.

Mr. 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.

Mayor 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.

Mayor Boyette asked for a call on the motion. The motion carried unanimously.

Turnpike 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.

Mayor 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.

Councilman 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.

Councilwoman 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.

Mr. 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.

Mr. 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.

Mayor Boyette stated that the proposed $500,000 impact fee, for this project, could cover the cost of the I & I repair.

Mr. 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 Road.

Councilman 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.

Mayor 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.

Mayor 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 was now.

Councilman 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.

Belhaven Downtown Area Revitalization and Enhancement (DARE)
Mayor Boyette recognized Mr. James McKelvey representing the Belhaven Downtown Area Revitalization and Enhancement (DARE).

Mr. 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

1) public use areas including parking areas and street scapes and

2) the architectural study which would be a guide for new construction and renovations.

Mr. 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.

Mayor 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.

Town 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 donate.

Mr. 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.

Following 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.

Pungo 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.

Miscellaneous – 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’s Report
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.

Public Comments
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.

Five 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.

Reconvene 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.

Town Manager’s Evaluation
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.

Adjournment
Councilwoman Heath made the motion to adjourn at 10:44 P.M. Councilman Hodges seconded the motion which carried unanimously.