Return To Archives Return to Home Page

October 4, 2004
Call to Order/Invocation
The Town Council of the Town of Belhaven met in regular session on Monday, October 4, 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 and Town Clerk Marie J. Adams were also present. Town Attorney Keith B. Mason arrived later in the meeting. Mayor Boyette gave the invocation.

Approval of Minutes – September 20, 2004 Public Hearing and Regular Session and September 20, 2004 Closed Session
Mayor Boyette stated that the minutes of the September 20, 2004 Public Hearing/Regular Session and Closed Session were open for review and approval. There being no corrections to the minutes Councilman Hodges made the motion to approve. Councilwoman Wilkerson seconded the motion which carried unanimously.

Public Power Week: October 3 – 9, 2004 Resolution
Mayor Boyette stated that Public Power Week was October 3 – 9, 2004. Mayor Boyette stated that Belhaven is one of more than 70 public power cities and Town in North Carolina and that the citizens are the consumers and owners of their public power system.
Mayor Boyette asked for a motion to adopt the following resolution. Councilman Baker made the motion to adopt the Public Power Week Resolution. Councilwoman Heath seconded the motion which carried unanimously.

RESOLUTION ANNOUNCING OCTOBER 3-9, 2004
PUBLIC POWER WEEK IN BELHAVEN, NORTH CAROLINA


WHEREAS, The Town of Belhaven provides electricity to its citizens;

WHEREAS, the citizens of Belhaven are consumers and owners of their public power systems and exercise local control over utility operations and policies;

WHEREAS, our employees are neighbors serving neighbors;

WHEREAS, our electric system is a community asset that contributes to the well-being of citizens by providing safe and reliable power, customer service and economic development opportunities; and,

WHEREAS, our community is one of more than 70 public power cities and towns in North Carolina, and more than 2,000 public power systems in the United States;

THEREFORE, BE IT RESOLVED that Belhaven, North Carolina does hereby proclaim October 3 through October 9, 2004, “Public Power Week,” in an effort to promote public power and those who work to provide the best possible electric service for our citizens.

Adopted, this 4th day of October, 2004.

Isabel Elevation Grant – Administrative Services
Mayor Boyette stated that the Town would be receiving funds to elevate more homes and that it was necessary to award an administrative contract to a consultant to administer the grant. Mayor Boyette stated that Town Manager Johnson and staff had reviewed the two proposals and evaluation them accordingly. Mayor Boyette stated that staff suggested that Holland Consulting Planners, Inc. be awarded the contract for administrative services. Councilman Hodges made the motion to award the administrative service contract for the Hurricane Isabel Elevation Project to Holland Consulting Planner, Inc. of Wilmington, NC. Councilwoman Heath seconded the motion which carried unanimously.

Capacity Building Grant and Supplemental Grants Authorization – Resolutions
Mayor Boyette stated that two resolutions needed to be adopted to officially authorize the Town to apply for a Capacity Building Grant for a Capital Improvements Plan in the amount of $40,000 with a $4,000 match if funded and an application for Supplemental Grant for the Inflow and Infiltration (I & I) removal in our sewer system in the amount of $400,000. Mayor Boyette stated that the actual cost of the I &I removal would be an estimated $468,000. Mayor Boyette stated that both of the grant applications were through the North Carolina Rural Economic Development Center (Rural Center). Mayor Boyette asked for a motion adopting the following resolutions. Councilwoman Heath made the motion to approve the applications of the Capacity Building ($40,000) and the Supplemental Grant ($400,000) and approving the resolutions. Councilman Hodges seconded the motion which carried unanimously.

AUTHORIZING RESOLUTION BY GOVERNING BODY OF THE APPLICANT
Capacity Building Grants Program


WHEREAS,
The 1998 Critical Needs Bond Act has authorized the making of loans and 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 projects; and

WHEREAS, The Town of Belhaven has need for and intends to construct or rehabilitate a publicly owned treatment works or an alternate wastewater system, for wastewater collection systems or for water supply and distribution systems, project described as Capital Improvements Plan; and

WHEREAS, The Town of Belhaven intends to request grant assistance from the Capacity Building Grants Program for the project;

NOW THEREFORE BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF BELHAVEN:

That Town of Belhaven will arrange financing for all remaining costs of the project, if approved for a grant.

That Town of Belhaven will provide for efficient operation and maintenance of the project on
completion of construction thereof.

That Dr. Charles O. Boyette, Mayor, and successors so titled, is hereby authorized to execute and file an application on behalf of Town of Belhaven with the NCREDC (Rural Center) for a grant to assist in the construction of the project described above.

That Dr. Charles O. Boyette,Mayor, 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 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 4th of October at Belhaven, North Carolina.




AUTHORIZING RESOLUTION BY GOVERNING BODY OF THE APPLICANT
Supplemental Grants Program


WHEREAS,
The 1998 Critical Needs Bond Act has authorized the making of loans and 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 projects; and

WHEREAS, The Town of Belhaven has need for and intends to construct or rehabilitate a publicly owned treatment works or an alternate wastewater system, for wastewater collection systems or for water supply and distribution systems, project described as Sewer System Rehabilitation; and

WHEREAS, The Town of Belhaven intends to request grant assistance from the Supplemental
Grants Program for the project;

NOW THEREFORE BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF BELHAVEN:

That Town of Belhaven will arrange financing for all remaining costs of the project, if approved for a grant.

That Town of Belhaven will provide for efficient operation and maintenance of the project on
completion of construction thereof.

That Dr. Charles O. Boyette, Mayor, and successors so titled, is hereby authorized to execute and file an application on behalf of Town of Belhaven with the NCREDC (Rural Center) for a grant to assist in the construction of the project described above.

That Dr. Charles O. Boyette, Mayor, 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 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 4th of October at Belhaven, North Carolina.

Noise Control Ordinance – Discussion/Direction
Mayor Boyette stated that the Town Council had asked the Planning Board to review the Noise Ordinance due to complaints that had come before the Town Council concerning verbal noise from homes that were very close together. Mayor Boyette recognized Mr. Martin (Marty) Overholt, Code Enforcement Officer/Clerk to the Planning Board.

Mr. Overholt stated that the planning board had met and reviewed the Noise Ordinance thoroughly.

Town Attorney Mason arrived at the meeting at this time (7:40 P.M.).

Mr. Overholt reviewed several areas in which the planning board suggested had conflicts. Mr. Overholt suggested that the following areas be reviewed: the definition of Outdoor Amplified Sound – states that any sound amplified would need a permit; Plainly audible does not include words or phrases, just base reverberations and amplified sounds, but suggested that this be considered in Reference Table I; had some concern with the enforcement of the ordinance with the number of meters required for measuring sound and that Section 95.06 (e) 7 be deleted as it deals with clean up of property after functions and has nothing to do with sound.

Mayor Boyette sated that he would suggest dropping the decibel level during the time of 11 PM – 7 AM to 50 instead of 55. Mr. Overholt stated that that much of a reduction in decibel levels would be a great drop.

Town Attorney Mason reminded the Council that they had an ordinance that was seven years old with expert opinion at the time of its writing and suggested that caution be taken when changing the ordinance.

Town Manager Johnson suggested that this item be brought back to the Council with suggestions as noted and have Mr. Martin contact other towns to see how their noise ordinance is enforced, etc.

Attorney Mason also stated that the issue brought to the Council concerning neighbor noise should be handled by the property owner as a civic nuisance.

Mayor’s Comments
Mayor Boyette informed the public of the following:

1) Department of Transportation (Transportation Improvement Plan) #2 Priority 4 – Laning 264 from Douglas Crossroads to Belhaven; Town Manager Johnson forwarded a letter to the Beaufort County Commissioners concerning their vote to move this priority down to #3; after reviewing the 4-lane from Douglas Crossroads to Belhaven has been moved back to #2 priority;

2) During an economic development meeting was questioned as to if the town had considered vacuum pumps for sewer extensions out of town; Town Manager Johnson stated that the vacuum pump would not be advisable;

3) Breakwater – has support from Congressman Walter Jones and recently sent letter to Senator Dole requesting her support for this project; and

4) Post Office Plans in and ready to go forward.

Town Manager’s Report
Town Manager Johnson reported briefly on the following:

1) Ice Storm money which was to be used to elevate home on hold due to damage from the Hurricanes received in the western part of the state;

2) Still don’t have rules and regulations for Hurricane Isabel funds except that there will be no relocation money, no rehabilitation or repair monies just elevation;

3) The CDBG grant being applied for will be for split areas or neighborhoods and public works improvements;

4) Next meeting cable television public hearing – those who wish to speak will need to sign up to do so and keep comments at 3 minutes, written comments may also be submitted – Council stated that the meeting will be moved to the Civic Center with sign up sheet for those speaking during the public hearing available at 7:00 P.M.

5) Wynne View Bid Opening – 1 complete bid received (2nd round of bid requests) in the amount of $495,000, about $100,000 over estimated cost to repair – working on negotiating the price or additional money may be needed.

Citizens Comments
Mr. Jules Purvis questioned the status of the condo boat/slip development of Water Street. Town Manager Johnson stated that a site plan had not been submitted.

Mrs. Jane Dilday, complimented Ms. Carole MacKay, Editor of the Beaufort-Hyde News on her editorial concerning the clean up of the former Garden Club sign at the Intersection of 264 and 99.

Ms. MacKay stated that the area had been cleaned up today from an anonymous person.

Mrs. Dilday stated that the town should have cleaned the property. Town Manager Johnson stated that the area was not in the town’s right-of-way and that private property could not be cared for by the town.

Mr. Jules Purvis complimented the town on the cleanliness of the property on the corner of Pantego and Pamlico Streets.

Councilman Hodges stated that a tractor trailer is being parked on East Pungo Street between Pamlico and Cedar and causes visibility and congestion problems.

Adjournment
There being no further business, Councilman Hodges made the motion to adjourn. Councilwoman Heath seconded the motion which carried unanimously. The meeting adjourned at 8:40 P.M.



Return To Archives Return to Home Page Go to Top of Page