Call to Order/Invocation
The Town Council of the Town of Belhaven met in regular session on Monday, September 19, 2005 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, Town Attorney Keith B. Mason and Town Clerk Marie J. Adams were also present. Mayor Boyette gave the invocation.

Approval of Minutes – August 15, 2005 Regular Session and August 22, 2005 Joint Workshop Council/Planning Board
Mayor Boyette announced that the minutes of the August 15, 2005 Regular Session and the August 22, 2005 Joint Council/Planning Board Workshop were open for review and adoption. There being no corrections to the minutes, Councilman Ebron made the motion to approve the August 15, 2005 Regular Session and August 22, 2005 Joint Council/Planning Board Workshop minutes as presented. Councilman Hodges seconded the motion which carried unanimously.

2005/2006 Budget Amendment #1 Downtown Area Revitalization Enhancement (DARE)
Mayor Boyette stated that the Town Council needed to re-appropriate the balance of funds remaining for the town’s commitment for the DARE project. Councilman Baker made the motion to increase revenue account 10-399-000 (Fund Balance Appropriated) by $9,762 from $240,961 to $250,72 and to increase expenditure account 10-495-072 (Dare Project) by $9,762 from $0 to $9,762. Councilman Ebron seconded the motion which carried unanimously.

2005/2006 Budget Amendment #2 (Wynne View, Inc.)
Mayor Boyette stated that at the last meeting the Council agreed to loan Wynne View, Inc. $12,606 to pay the final invoice on the building repairs by C. A. Lewis Construction. Councilman Hodges made the motion to increase revenue account 10-399-000 (Fund Balance Appropriated) by $12,606 from $250,723 to $263,329 and increase expenditure account 10-690-012 (Loan-Wynne View, Inc.) by $12,606 from $0 to $12,606. Councilwoman Heath seconded the motion which carried unanimously.

Cooperage LLC – Street Closing Request
Mayor Boyette informed the Council and public that correspondence from owners of The Cooperage, LLC property on West Main Street which includes the former Belhaven Feed Mill property heading east on Main Street. Mayor Boyette stated that Mr. Joe Lassiter was a partner in that group planning to develop the property and was requesting that a portion of Mill Street which crosses Main Street and shows on town maps “as a paper street” be closed. Mayor Boyette stated that in order for this property to be developed and plans drawn, the “partners” would like for the town to withdraw that portion of Mill Street located on the south side of the railroad track.

Mayor Boyette recognized Mr. Lassiter, presenting Cooperage LLC Property. Mr. Lassiter stated that he had forwarded a draft resolution of intent to close according to GS 136-96.

Town Attorney Mason gave information on closing a street but during the presentation by Mr. Lassiter it was apparent that a portion of Mill Street that was being requested to be closed had never actually been open and that the General Statutes in which Attorney Mason had referred to was not the correct General Statutes as Attorney Mason did not understand the nature of the request until he was furnished a copy of the map at the meeting.

Mayor Boyette recognized Mr. Lassiter, presenting Cooperage LLC Property. Mr. Lassiter stated that he had forwarded to the town a draft resolution of intent to close according to GS 136-96.

Following some discussion, the consensus of the Council was to support the request to close a portion of Mill Street (known as a paper street only) after Town Attorney Mason reviews the General Statutes and brings back to the Council.

Town Manager’s Report
Town Manager Johnson reported briefly on the following: 1) Departmental Reports enclosed in Council packets for review and on file at the Municipal Building; 2) Tropical Storm Ophelia, September 14-15, 2005 – no damage, no loss of electric, water or sewer services – clean up following the storm was minor; Problems arose with citizens parking cars in business parking lots before the businesses closed (to get them to higher ground).

Mayor Boyette’s Comments
Mayor Boyette stated the following in brief: 1) exceptional progress has been made in preparing for storms; 2) Pungo District Hospital did not close or transport patients – Mayor Boyette thanked Town Manager Johnson and staff for preparing the town.
Mayor Boyette questioned the status of the planning of the new Emergency Service Center – Town Manager Johnson stated that a meeting with the engineer and architect was postponed due to the storm and will reschedule as soon as possible. Councilman Ebron questioned the status of the concession stand on the ball field property next to Railroad Street – Town Manager Johnson stated that the concession stand would be completed in house after the mowing season ends.

Public Comments
Mayor Boyette recognized Mr. Bob Holz, resident of Water Street who made the following comments: 1) as new homes are added it will increase the number of vehicles that have to moved to higher ground during a storm; he suggested that some type of transportation be devised for those moving vehicles out of town; 2) asked if the discussion of height limitations had re-occurred and warned that developers will push this issue and for the town council and planning board stand their ground on not extending the height limitation for new development. Mayor Boyette stated that he did inform those attending the Beaufort County Economic Development Commission meeting that Belhaven was not in favor of increasing the height limitation of new construction.

Mr. Billy Millican, resident of East Bay Street, questioned the measuring of the 45’ height limitation. Town Manager Johnson stated that it was irrelevant whether a building is in the 8’ or 9’ elevation the top roof peak cannot exceed 45’ and the highest point of egress cannot exceed 28’.

Mayor Boyette stated that the Town had a good flood control plan for the downtown (Wynne’s Gut area) which was drawn up in 1998 and that the problem was the funding. Mayor Boyette iterated that the plan was very comprehensive and covered downtown drainage thoroughly in the Wynne’s Gut area in its’ entirety.

Regular Session Adjournment and Reconvene Into Closed Session GS 148-318.11 (a)(2)(5)
Mayor Boyette stated that the Council had the need to hold a closed session as permitted in the GS 148-318.11 (a)(5)(6) property and personnel. Councilwoman Wilkerson made the motion to adjourn in to closed session. Councilman Hodges seconded the motion. The meeting adjourned from regular session at 8:15 P.M. at which time Town Clerk Adams was permitted to leave the meeting.

Reconvene Into Regular Session
There being no further business for closed session, Councilman Hodges made the motion to reconvene into regular session. Councilwoman Heath seconded the motion which carried unanimously. The meeting reconvened into regular session at 9:02 P.M.

Salary Increase for Town Manager Johnson
Following a review of Town Manager’s Johnson’s job performance in closed session, Mayor Boyette suggested that the Town Manager’s Salary be increased by $3,000 with a $5,000 bonus. Councilman Hodges made the motion to increase Town Manager Johnson’s salary by $3,000 and award a $5,000 bonus. Councilman Baker seconded the motion which carried unanimously.

Adjournment
There being no further business, Councilman Hodges made the motion to adjourn. Councilwoman Wilkerson seconded the motion which carried unanimously. The meeting adjourned at 9:04 P.M.