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November 1, 2004
Call to Order/Invocation
The Town Council of the Town of Belhaven met in regular session on Monday, November 1, 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, Cynthia M. Heath, James B. Hodges and Linda E. Wilkerson. Councilman Ebron arrived later. Town Manager Tim M. Johnson, Town Attorney Keith B. Mason and Town Clerk Marie J. Adams were also present. Mayor Boyette gave the invocation.

Mayor Boyette recognized and welcomed Mr. Peter Chen, a medical student from Wake Forest University and Dr. J. T. Wright, a Belhaven resident in attendance, who graduated from Wake Forest.

Approval of Minutes – October 18, 2004 Public Hearing, Regular Session and Closed Session
Mayor Boyette announced that the minutes of the October 18, 2004 Public Hearing and Regular Session along with the Closed Session were open for review and approval. There being no corrections to the minutes, Councilman Hodges made the motion to approve. Councilwoman Heath seconded the motion which carried unanimously.

Councilman/Mayor Pro-Tem Ebron arrived at the meeting at this time, 7:32 P.M.

Sun Burn Communications, LLC Franchise Application
Mayor Boyette stated that following the public hearing on October 18, 2004 the Council had planned to have the first vote on the franchise application from Sun Burn Communications, LLC (Sun Burn). Franchise Attorney Mr. Keith Johnson and Town Attorney Keith Mason have both suggested that the town require a certified financial statement with the franchise application from Sun Burn. Councilman Hodges stated that he had several concerns and would compose his questions for the Attorney and Manager.

Town Manager Johnson stated that Councilman Hodges’ questions and the replies to same would be forwarded to the Mayor and other Council members also. Town Manager Johnson stated that the Council could postpone the vote on the franchise application from Sun Burn until the certified financial statement is returned or that Sun Burn could assume all legal cots of fighting any legal challenge which may come forthcoming due to their franchise application.

Following some discussion, Councilman Hodges made the motion to table the vote until the certified financial statement can be provided for Sun Burn. Councilwoman Heath seconded the motion which carried unanimously.

Resolution of Support for Rose Acre Farms
Mayor Boyette stated that Rose Acre Farms in the Ponzer Community of Hyde County was seeking permits for a proposed chicken farm. Mayor Boyette stated that some of the concerns environmentally were ammonia emissions, (which can be controlled) water used to wash the eggs (which would be a minimal environmental concern) and the chicken manure which would be used as fertilizer. Mayor Boyette stated that support of this resolution had been passed with a unanimous vote earlier this evening by the Beaufort County Board of Commissioners. Mayor Boyette stated that the proposed chicken farm would bring 125 – 150 jobs to the area. Mayor Boyette read the resolution of support: (Insert Reso)

Councilman Baker made the motion to adopt the resolution as read and to forward the same to our state and federal representatives for their support. Councilman Hodges seconded the motion which carried unanimously.

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

1) Halloween (trick or treating) went extremely well no problems with large visibility from the Police;

2) New Post Office site – land preparation ongoing; and

3) Wynne View Building – construction repairs started today.

Other Business
Mayor Boyette recognized the following who spoke briefly:

Councilwoman Wilkerson stated that the tide had been high on Main Street and seemed to cause problems with the new restaurant (Fish Hooks) for parking, asked if additional sign could be displayed at Wynne’s Gut Alley for parking behind the Senior Center and also more strategically placed signs for parking behind Town Hall.

Town Manager Johnson stated that the requested signs could be displayed;

Mr. Bob Holz, requested that the storage trailer for the Wynne View repairs not block the dinghy dock on Water Street.

Town Manager Johnson stated that the dock would not be blocked;

Mr. Roy O’Neal complained of the downtown flooding and asked that silt (debris) left on the sidewalks was dirty, Mr. O’Neal asked that something be done about the flooding.

Mayor Boyette replied that the Council shared in his concern and funding was also an issue but that the flood gate issue had not been approved as the state considered the gut transversible;

Mr. Graham Boyd suggested that the town go ahead and install a flood gate and then let the state do whatever they had to do.

Boys and Girls Club Request – Mr. Redden Leggett
Mayor Boyette recognized Mr. Redden Leggett who asked the Council about the use of the Multi-Purpose Building this coming Saturday, November 6 for a fall festival. Mr. Leggett stated that his staff had requested this use earlier and was told that Town Manager Johnson said “No”.

There was much berated discussion and accusations between Mr. Leggett and Town Manager Johnson.

Town Manager Johnson informed the Council of the poor condition (lack of cleanliness) at the Multi-Purpose Building and that the Boys and Girls Club had been the sole user of the building until Women’s Volleyball through the Recreation Department started about two weeks ago.

Town Manager Johnson stated that he and staff members had entered the building about two weeks ago to find the building in a filthy condition. There were many accusations between both Mr. Leggett and Town Manager Johnson with the Mayor using the gavel and asking for order.

Mayor Boyette and Councilwoman Heath both spoke of the poor administration and the resignation of the entire advisory board of the Belhaven unit due to dissention with the Washington Board of Directors. Mayor Boyette stated that funds and a bequeath of monies from the Mrs. Clara Taylor Estate were transferred from the Belhaven Unit to the Washington Unit were not entirely spent on the Belhaven Unit which left much dissention from the Belhaven supporters.

During a much heated discussion, the integrity of Mr. Leggett was questioned and once again Mayor Boyette called for order.

Mr. Leggett then asked for permission to use the Multi-Purpose Building for the Belhaven Unit of the Boys and Girls Club for a fall festival. Following some discussion, Councilman Ebron made a motion for the Belhaven Unit of the Boys and Girls Club use of the Multi-Purpose Building on Saturday, November 6 from 9 A.M. – 5 P.M.

Councilman Baker seconded the motion. There was some question as to whether or not the motion included waive of fee for the building.

Mr. Bob Holz, from the audience, suggested that the club not be allowed to use the building as you would be rewarding mismanagement.

Councilman Ebron then made the motion to amend his motion as flows: to allow the Belhaven Chapter of the Boys and Girls Club permission to use the Multi-Purpose Building, free of charge, on Saturday, November 6, 2004 from 9 A.M. – 5:00 P.M. Councilman Baker seconded the motion. Councilman Hodges and Wilkerson voted against the motion. Councilwoman Heath abstained, which is an affirmative vote, so therefore, the motion carried 3 to 2.

Citizens Discussion
Mrs. Ellen Allen questioned the status of homes which were elevated but had never been completed. Town Manager Johnson stated that the Town and state were both aware of the homes not completed or occupied.

Mr. Bob Holz asked if the Town Administration had heard new from the Department of transportation concerning the bridge replacement over Pungo Creek. Town Manager Johnson stated that the town has no information concerning the bridge replacement.

Mayor Boyette stated that Mr. Dixon with Dixon & Hoyle (Developers of the Waterfront Project) would be at the Committee of 100 meeting on Wednesday, November 10, 2004 at 12 noon at the Helmsman.

Mr. Bob Holz questioned if there were any contingencies with Sea Safari should they decide not to relocate the business out of town. Town Manager Johnson stated that the agreement would be with the state as that is where the sewer extension project was funded.

Mayor Boyette asked for any other business, hearing none, Councilman Hodges made the motion to go into closed session according to GS 143-318.ll (3) Attorney Client Privilege. Councilwoman Heath seconded the motion which carried unanimously. The time was 8:37 P.M.

Dr. and Mrs. J. T. Wright, not hearing the call for other business, approached the Council table with a drainage problem on their property at the corner of Latham, Tooley and East Street. There was much discussion concerning the drainage problem with the Council consensus being that Town Manager Johnson research corrective alternatives and get back to the Council at the next meeting.

Closed Session
The Closed Session actually convened at the close of discussion of the Wrights drainage problem at 8:52 P.M.

Reconvene Into Regular Session
Councilman Hodges made the motion to reconvene into regular session at 9:10 P.M. Councilwoman Heath seconded the motion which carried unanimously.

Terminate Post Office Lease
Councilwoman Heath made the motion directing Town Manager Johnson to terminate the lease of town property, in which the post office is located on Main Street, with the Postal Service. Councilman Baker seconded the motion which carried unanimously.

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 9:12 P.M.



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