Call
to Order/Invocation
The Town Council of the Town of Belhaven met in regular
session on Monday, April 7, 2003 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 and James B. Hodges. Councilwoman Linda
E. Wilkerson was not present. 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 - March 17, 2003 Regular Session
Mayor Boyette announced that the March 17, 2003 minutes
were open for review and approval. There being no corrections
to the minutes, Councilman Ebron made the motion to approve.
Councilman Hodges seconded the motion which carried unanimously,
4 to 0.
Senior Citizens
Center Presentation - Ms. Vicki Paul
Mayor Boyette recognized Ms. Vicki Paul, Coordinator for
the Belhaven Senior Center. Ms. Paul gave an overview
of the many activities sponsored at the Senior Center
and the patrons donations of day to day supplies for crafts,
paper goods, etc. Ms. Paul's request for the 2003/2004
Fiscal Year is $8,000. The Senior Center was funded $5,000
this fiscal year. The Mayor and Council thanked Ms. Paul
for her dedication to the organization and stated that
her request would be reviewed during the budget process.
2002/2003 Audit
Contract - Pittard, Perry & Crone, Inc.
Mayor Boyette stated that Pittard, Perry & Crone,
Inc. (PP&C) had submitted an audit contract with the
Town of Belhaven for $10,300.00. Mayor Boyette stated
that last year's contract was $10,000.00. Town Manager
Johnson stated at a 3% increase was not significant due
to the grant audits included in this audit. Mayor Boyette
stated that he felt that (PP&C) worked well with the
Town but stated, as stated in the audit presentation,
that the audit presentation to the Council should be in
a timely manner. There being no further comments, Councilman
Hodges made the motion approving the contract as submitted
and authorizing the Mayor and Finance Officer to execute
the documents on behalf of the Town of Belhaven. Councilman
Baker seconded the motion which carried unanimously, 4
to 0.
Street Department
Tractor Purchase Agreement - Resolution
Mayor Boyette stated that the Town was in need of a tractor
with boom mower and after researching financing rates
would like to finance this purchase with Southern Bank
& Trust. Mayor Boyette stated that the purchase price
was $47,855.80 from Beaufort Equipment Company, Inc. with
a down payment of $12,000.00 leaving a balance of $35,855.80
to be financed by Southern Bank at an annual rate of 4.49%
for four years with eight semi-annual payments due after
July 1, 2003. After some discussion, Councilman Baker
made the motion adopting the following resolution for
the lease purchase of New Holland 80 HP Tractor equipped
with an Alamo Broom Mower. Councilman Hodges seconded
the motion which carried unanimously, 4 to 0.
Resolution
of Purchase
and
Installment Sale Finance
with
Southern Bank & Trust Company
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| WHEREAS,
the Town of Belhaven will be responsible for an installment
sale finance contract for all expenses related to
the use of the equipment including taxes and maintenance
and for selecting said equipment and vendor as a qualified
governmental entity as specified in Section 103(A)
of the Internal Revenue Code; and
WHEREAS,
the Town of Belhaven will finance the purchase of
a New Holland 80 HP tractor with Alamo Boom Mower
for a total amount finance of $35,855.80 for a four
year term with a fixed rate of 4.49% with semi-annual
payments in arrears of $4,946.49; and
WHEREAS,
The Town of Belhaven shall exercise its best efforts
to obtain annual appropriations to meet fiscal year
installment sale payments and the contract may be
terminated without penalty in the even of non-appropriations;
and
WHEREAS,
the Town of Belhaven will certify that the contract
will be designed as a qualifying obligation under
the $10,000,000 small issue exemption as described
within Section 265b3 of the Tax Reform Act of 1986;
and
WHEREAS,
the Town may early terminate the contract
by paying the unpaid principal balance plus earned
interest per an amortization schedule to be provided
by Bank. The principal balance may be prepaid, in
full and at any time, at a prepayment price equal
to 101% of the principal balance, plus $250, together
with accrued interest to the date of prepayment,
upon thirty (30) days prior written notice to the
Bank, which pertains to each exhibit under the installment
sale agreement; and
WHEREAS,
the town may refinance or modify the existing rate
on the contract, with a flat fee of $500 or 1% of
the outstanding principal balance, whichever greater,
the refinancing or modification may only be on the
annual anniversary date of the contract; and
WHEREAS,
the installment sales will conform to the
North Carolina General Statute 159, Article I and
160A-20 and Southern Bank will prepare the following
documents: Installment Sale Finance Contract, Exhibit
A - Schedule of Equipment, Exhibit B - Schedule
of payment, rate and term including amortization
structure, Exhibit C - Incumbency and Authorization
Certificate, Exhibit E - Bank Eligibility Certificate,
IRS Form 8038-GC, UCC liens on the equipment; and
WHEREAS,
the Town of Belhaven will provide Southern Bank
with a certified copy of the minutes approving this
resolution and Exhibit D - the Legal Counsel of
the Town of Belhaven providing a validity letter;
and
NOW,
THEREFORE, BE IT RESOLVED, that the Mayor
and Town Council of the Town of Belhaven approve
the lease purchase loan from Southern Bank &
Trust Company for a New Holland 80 HP Tractor with
an Alamo Boom Mower for a total purchase price of
$47,855.80 from Beaufort Equipment Company, Inc.
with a down payment of $12,000.00 leaving a balance
of $$35,855.80 to be financed by Southern Bank at
an annual rate of $4.49% for 4 years with eight
semi-annual payments with the first payment due
after July 1, 2003.
This the 7th day of April, 2003.
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Community Development
Block Grant - Concentrated Needs (CDBG-CN) Housing Assistance
Policy
Mayor Boyette stated that the Council needed to consider
amending the Housing Assistance Policy for the current
Community Development Block Grant in the west end of town
(California, Harbinger Street area). Mayor Boyette recognized
Mr. Alan Crawford, Project Manager with Holland Consulting
Planners, Inc. (HCP) who is administering the grant. Mr.
Crawford explained that the amendment to the Housing Assistance
Policy would allow an owner/occupant dwelling to be eligible
for replacement housing instead of only rehabilitation
when owner/occupant is over the 80% income level. Mr.
Crawford stated that the amendment would allow replacement
housing and that the owner contribution apply for replacement
housing and not just rehabilitated housing. Following
discussion, Councilman Baker made the motion to adopt
the amended CDBG-CN Housing Policy as submitted and that
the Mayor and Town Clerk be duly authorized to execute
the document. Councilman Ebron seconded the motion which
carried unanimously.
2003A
Water Bond Authorization Resolution - $1,258,000
Mayor Boyette stated the adoption of the foregoing resolution
was necessary to approve the sale of the Water Bond, Series
2003A in the amount of $1,258,000. Mayor Boyette stated
that the interest rate of the loan will be 4.5% which
is actually lower than anticipated. Mayor Boyette stated
that the loan would be paid back over a period of 40 years.
Town Manager Johnson stated that he was pleased with the
interest rate. Councilman Ebron made the motion approving
the 2003A Water Bond Resolution and that the Mayor, Town
Clerk and Town Finance Officer be duly authorized to execute
all documents pertaining to the sale of these bonds on
behalf of the Town. Councilman Hodges seconded the motion
which carried unanimously, 4 to 0.
2003B
Water Bond Authorization Resolution - $992,000
Mayor Boyette stated the adoption of the foregoing resolution
was necessary to approve the sale of the Water Bond, Series
2003B in the amount of $992,000. Mayor Boyette stated
that the interest rate of the loan is also 4.5%. Mayor
Boyette stated that this loan would also be paid back
over 40 years. Councilman Hodges made the motion that
the Mayor, Town Clerk and Finance Officer be authorized
to execute all necessary documents pertaining to the sale
of these bond on behalf of the Town. Councilman Ebron
seconded the motion which carried unanimously, 4 to 0.
Cancellation
of Council Meeting - Easter Monday Holiday - April 21,
2003
Mayor Boyette stated that the Council needed to consider
the cancellation of the next Council meeting on Monday,
April 21, 2003 due to the Easter Holiday. Mayor Boyette
explained that should additional items need Council action
prior to the next regularly scheduled meeting in May then
a call meeting could be held. After some discussion, Councilman
Hodges made the motion to cancel the Monday, April 21,
2003 Council meeting with the next regularly scheduled
meeting of the Town Council being Monday, May 5, 2003.
Councilman Baker seconded the motion which carried unanimously,
4 to 0.
Town Manager's Report
Town Manager Johnson reported briefly on the following:
1) Crisis Housing Assistance through
the elevation project - is replacing dilapidated housing
with replacement homes;
2) Water Plant Construction behind due
to rainy weather;
3) When televising wells, found that
Well #3 had sediment 36' down - went ahead and cleaned
out;
4) Chemicals needed to operate new Water
Plant will cost approximately $52,000 annually;
5) 1.24 million gallons was treated at
the sewer plant - in one day during heavy rainfall due
to inflow and infiltration (I&I), still searching
for I&I problems;
6) Hazard Mitigation Grant Program (HMGP)
- 4 additional homes to be elevated - 3 of those homes
already contracted; and
7) department heads starting to work
on budgets.
Mayor
Comments
Mayor Boyette commented on the following:
1) he and Town Manager Johnson met with
Department of Transportation officials concerning roadways
coming into town; bike paths, flooding on the bypass,
stressed that good roads were needed to implement the
Waterfront Plan;
2) Breakwater have made contacts with
Senator Basnight and Congressman Jones concerning a rock
replacement of the near existent breakwater, Mayor Boyette
elaborated that a breakwater was detrimental to the Waterfront
Development to ensure a safe harbor for boaters and property
owners;
3) Beaufort County Economic Development
Commission will have their meeting hosted by the Town
of Belhaven April 24, 2003 at 7:45 A.M. in the Civic Center
- open to the public;
4) Encouraged attendance to the annual
Chamber of Commerce Banquet on Thursday, April 17 at 6:30
P.M. at the Wilkinson Center.
Chamber
of Commerce - Update - Mrs. Melanie Cleary, Director
Dr. Charles O. Boyette welcomed Mrs. Melanie Cleary and
asked her to give an update on Chamber news. Mrs. Cleary
stated that Chamber Banquet tickets would be on sale until
Wednesday, April 16 at noon and encouraged participation;
Celebration Committee appointees from the Chamber are
Mrs. Carol Tillman and Mr. David Crosby; 4th plans are
in progress; plan to host a business expo day at the end
of August on a Friday and requested that the Town provide
the Multi-Purpose Building for this event; asked if budget
request should be presented to the Council or Town Manager
Johnson; Mayor Boyette thanked Mrs. Cleary for her report
and asked Mrs. Cleary to submit the budget request and
plans for the Expo Day to Town Manager Johnson for further
action.
Congressional
Medal of Honor Recipient - Mr. Jack Lucas
Mayor Boyette asked for the Chamber to look into having
Mr. Jackie Lucas (Youngest Congressional Medal of Honor
Recipient) to come and be our special guest for July 4th
as he was scheduled to be in Belhaven for our Christmas
Celebration but due to heart problems could not attend.
Mrs. Cleary stated that she would look into this.
Recognition
of Special Guests
Mayor Boyette recognized, Adam Mason, Scout, working on
his Citizenship Badge and son of Town Attorney Keith Mason.
Also, Town Manager Johnson's son Cody Johnson who was
in attendance of the meeting.
Citizens Comments
Mr. Roy O'Neal - Village Homes - Water Bill Protest
Mayor Boyette recognized Mr. Roy O'Neal, owner of Village
Homes (Mobile Home Park). Mr. O'Neal was present because
of him being billed and his account drafted for a water
leak in a vacant trailer in his park. Town Manager Johnson
explained that twenty (plus) years ago, Mr. O'Neal installed
his own water meters (which the town reads and bills each
customer) and the town installed a master meter because
of the uncertainty of the meters installed by Mr. O'Neal.
As agreed upon, Mr. O'Neal was to pay for any overage
not billed his customers. There was much discussion concerning
who was liable, etc. the agreement between Mr. O'Neal
and the town.
Following
much discussion, Councilwoman Heath stated that the minutes
be researched to determine original agreement and for
the Attorney to look into the matter and to bring back
at the Council on May 5. The Council agreed.
Mr. O'Neal complained that the town had his money.
Town Attorney Mason stated that should the town find that
the money was drafted in error then it would be refunded
with interest. Town Manager Johnson informed Mr. O'Neal
that should he like to submit any information pertained
to the trailer park and the water issue to get the information
to his office on Wednesday, prior to the May 5, 2003 meeting.
Mrs.
Melanie Cleary - Dilapidated Structure on West Pungo Street
- In Grant Area
Mrs. Cleary asked if a dilapidated structure on West Pungo
Street which was near the CDG-CN target area could be
demolished under grant guidelines. Town Manager Johnson
suggested that Mrs. Cleary contact the Grant Office at
943-6899 to ascertain that information and stated that
if it was in the grant area it could be demolished.
Mrs.
Jane Dilday - Wynn View Status - Update
Mrs. Jane Dilday questioned the status of the Wynn View
building with the settling of the west end of the building.
Mayor Boyette informed Mrs. Dilday that the contractor
and engineer had been contacted and were making reviews
and that there should be some resolve to this issue within
the next couple the next couple of weeks.
Adjournment
There being no further business, Councilman Hodges made
the motion to adjourn. Councilman Baker seconded the motion
which carried unanimously, 4 to 0. The meeting adjourned
at 8:40 P.M.
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