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
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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.
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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.
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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.
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