Call
to Order
The Town Council of the Town of Belhaven met in regular
session and public hearings on Monday, January 5, 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,
Town Attorney Keith B. Mason and Town Clerk Marie J. Adams
were also present. Mayor Boyette gave the invocation.
Introduction
of Public Hearing: Community Development Block Grant-Community
Revitalization 01 (CDBG-CR) Program Amendment
Mayor Boyette stated that the reason for the public hearing
was to hear public comment concerning the Community Development
Block Grant – Community Revitalization 01 Program
Amendment to move $30,000 in excess from Home Rehabilitation
Funds (which is not enough to add another home) into a
Public Rehabilitation line item to attempt and flood proof
Town Hall. Mayor Boyette further stated that should these
funds not be used then they would revert back to the state.
Mayor Boyette stated that an additional $5,000 would be
moved into the administration account to cover additional
two months of planning and administrative work.
Pubic Hearing
– CDBG-CR01 Program Amendment
Mayor Boyette called the public hearing to order at 7:35
P.M. and asked for any public comment concerning the program
amendment to move $30,000 in excess from Home Rehabilitation
Funds into a Public Rehabilitation line items to attempt
and flood proof Town Hall. There were no public comments.
Mayor Boyette declared the public hearing closed at 7:36
P.M.
Introduction
of Public Hearing: Community Development Block Grant Urgent
Needs Application
Mayor Boyette stated that the reason for the public hearing
was to hear public comment concerning the Town applying
for funds from the Division of Community Assistance for
a grant of up to $400,000 in emergency funds to expedite
the repairs to the Wynn View building which is owned by
Wynn View Inc. Mayor Boyette further explained that the
west side of the building had settled and was in great
need of repair before any additional settling of the building.
Mayor Boyette explained that the Wynn View building housed
ten residential apartments and five commercial spaces.
Mayor Boyette further explained that any money expended
would be repaid upon a favorable settlement of the ongoing
litigation with architect, engineer and contractor.
Public Hearing
– CDBG-Urgent Needs Application
Mayor Boyette called the public hearing to order at 7:40
P.M. and asked for any public comment concerning the grant
application of $400,000 (grant) in emergency funds from
the Division of Community Assistance (DCA) for the immediate
stabilization and repair of the Wynn View building. There
were no public comments. Mayor Boyette declared the public
hearing closed at 7:40 P.M.
Approval of
Minutes – December 1, 2003 Regular Session and Public
Hearing; Belhaven Waterfront Development Workshop and
Regular Session – December 8, 2003
Mayor Boyette stated that the minutes of the public hearing
and regular session of December 1, 2003 and the minutes
of the Waterfront Development Workshop and regular session
were open for review and approval. There being no corrections
to the minutes, Councilman Baker made the motion to approve
said minutes. Councilman Hodges seconded the motion which
carried unanimously.
Community Development
Block Grant (CDBG) Urgent Needs Application
Mayor Boyette stated that a public hearing was previously
held concerning the application for a pass through grant
for CDBG Urgent Needs funds for the repair and stabilization
of the Wynn View Building. Mayor Boyette stated that the
grant would actually be given to the Town with all funds
for these repairs being handled through the town’s
finance department. Mayor Boyette stated that should the
grant be received it would be for the actual cost with
any overages reverting back to the state. Following some
discussion, Councilman Ebron made the motion approving
the submission of an urgent needs application up to $400,000
to the Division of Community Assistance to repair the
Wynn View Building pending final resolution of the ongoing
lawsuit. Councilwoman Wilkerson seconded the motion which
carried unanimously.
Community Development
Block Grant-Community Revitalization 01 Program Amendment
Mayor Boyette stated that the public hearing was previously
held concerning an amendment to the CDBG-CR 01 Program
Amendment to move $30,000 from Home Rehabilitation into
a Public Rehabilitation Line Item due to the $30,000 not
being enough to add another home. Mayor Boyette further
stated that the $30,000 would be utilized to flood proof
Town Hall with an additional $5,000 moved into Administration
to account for two months of planning and administrative
work. Mayor Boyette explained that the original grant
was in the amount of $595,000 and that $30,000 of that
money was proposed to be moved to Public Rehabilitation
to flood proof Town Hall. Councilman Baker stated that
he approved the amendment to move the $30,000 from Home
Rehabilitation to Public Rehabilitation to flood proof
Town Hall. Councilwoman Wilkerson seconded the motion
which carried unanimously.
Belhaven Volunteer
Fire and Rescue Officers Approval
Mayor Boyette stated that the Belhaven Volunteer Fire
and Rescue Department held their annual elections and
submitted that slate of officers for approval. The following
are the officers and their positions: Chief – Paul
Wood, Jr., Assistant Chief – Wesley Waters, Secretary-Treasurer
– Jesse Taylor, III, Engineer – Chris Rouse,
Captain – Sean Burke, Captain – Todd North
and Safety – Karen Lanier. There being no discussion
other than praise given this volunteer department, Councilman
Hodges made the motion to approve the slate of officers
as presented. Councilwoman Heath seconded the motion which
carried unanimously.
United
States Post Office – Future Site Report
Mayor Boyette stated that the Belhaven Post Office was
the number one choice for a new post office out of 591
requests with the Postal Service. Mayor Boyette stated
that the Town officials had submitted their choices of
possible locations for the new post office but the post
office officials made the final choice. Mayor Boyette
further explained that ideally the post office should
be located in the downtown business district. Mayor Boyette
stated that in the last correspondence with the post office
listed no downtown site was even considered. Upon request
from town administration, the postal officials took into
consideration the Bishop property on the corner of Main
and Railroad Streets.
Mayor Boyette explained that this piece of property was
not quite large enough and the town had offered for sale
a portion of the Civic Center property adjacent to this
site on the corner of Railroad and Pungo Street. Following
much deliberation between the postal officials, Mrs. Lucy
Robbins, owner of said property representing the Bishop
Family and the town, there was no way it would be monetarily
feasible to build the post office on the corner of Main
and Railroad Streets.
Mayor
Boyette stated that the post office is scheduled to be
built on the north side of Old County Road and on the
east side of the Tots land Day Care. Mayor Boyette explained
that this parcel of property was 22 acres and abutted
the Belhaven Crossing Shopping Center (where Food Lion
is located). Mayor Boyette stated that by the post office
being located in that area it may give an opportunity
to open a new corridor (route) to the shopping center
to keep walking and biking traffic off of 264 By-Pass.
Mayor
Boyette listened to several citizens in the audience who
also stated their preference of having the post office
located in the downtown business district. This issue
was discussed at length with Mayor Boyette closing the
issue by answering a question as to what the cost to the
town would be; “nothing”.
Pantego
Area Community Developers, (PACD) Inc. – Request
for Resolution of Support for a Parking Lot for their
Public Computer Access Site in Pantego
Mayor Boyette stated that the Mr. Wayland Whitley, representing
the Pantego Area Community Developers (PACD) had contacted
the town concerning the Town Council supporting a resolution
to pave the parking area with a handicap access for their
Public Computer Access Site in Pantego. Mayor Boyette
stated that this site was utilized by the community and
kept transportation problems at a minimum. Mayor Boyette
read the resolution. After some discussion, Councilman
Ebron made the motion adopting the resolution. Councilman
Baker seconded the motion which carried unanimously.
(Insert Reso)
Pantego
Area Community Developers
Resolution
Resolution Supporting Paving of Parking Lot |
| |
WHEREAS,
the Pantego Area Community Developers organization
has established a Public Computer Access Site in
Pantego; and
WHEREAS,
there is a real need for a fifteen car parking lot
on the site with handicap access; and
WHEREAS,
twenty thousand dollars are needed to construct
said parking lot; and
WHEREAS,
monies might be made available from the North Carolina
Department of Transportation Discretionary Funds
to facilitate this project.
BE
IT RESOLVED that the Town of Belhaven is supportive
of this needed project in the Pantego Community
and joint Pantego Area Community Developers in their
request for funds from the North Carolina Department
of Transportation Discretionary Funds in the amount
of $20,000 for said purpose.
|
Property Donation from Mrs. Willie Keaton Williams,
et al (Ralph Heirs)
Mayor Boyette stated that the Ralph Heirs, Mrs. Willie
Keaton Williams, had approached the Town concerning a
donation of property on Water Street directly behind Farm
Boys. Mayor Boyette explained that this property was presently
used as an alley behind those businesses on the east side
of Pamlico Street that is a pass through from Main Street
to Water Street. Mayor Boyette stated that this donation
may, in the future, enable an upgrade in this area. Mayor
Boyette informed the Council that the legal transaction
of this property had been performed. Councilman Hodges
made the motion authorizing Town Clerk Adams to forward
a letter of appreciation for the donation of this property
to the Ralph Heirs. Councilman Baker seconded the motion
which carried unanimously.
Navy’s Proposed Outlying Landing Field
(OLF) Resolution – Mr. Adam O’Neal
Mayor Boyette recognized Mr. Adam O’Neal, local
realtor, who requested time on the agenda to request the
town’s support of a resolution opposing the site
of the Navy OLF in northern Beaufort County/Southern Washington
County.
Mr.
O’Neal presented the Council with information concerning
the effects the proposed land site would have on Belhaven
and Beaufort County, not just the immediate area used
for landing. Mr. O’Neal explained that because of
the proposed effects, before property is sold in Beaufort
County an acknowledgement is signed making the proposed
property owner aware that many properties in Beaufort
County would be affected by aircraft noise and that some
properties may be located in specific noise zones and/or
accident zones – the acknowledgement further states
that 50 – 100 training flights could occur on a
daily basis. Mr. O’Neal stated that by this acknowledgement
he has had several proposed purchases of property in this
area not go to fruition. Mr. O’Neal introduced Mrs.
Doris Morris and Ms. Jennifer Alligood representing “North
Carolinians Opposing the OLF.
Mrs.
Morris stated that the OLF will be a practice air strip
and stated that research information shows that there
will be a crash due to the number of wildlife this area
has with migratory fowl such as geese, swans, etc. Councilman
Hodges asked if the state supports this opposition to
the OLF. Mrs. Morris stated that the state would support
if there is enough local support and that Senator Basnight
and Representative Williams both had stated their support
opposing the OLF.
Ms.
Alligood then informed the Council that the flights for
this landing strip will be 5 – 7 every fifteen minutes
with jets circling waiting to touch and go land, implying
a lot of noise for long periods of time. Ms. Alligood
informed the Council that the State of North Carolina
(the Governnor) can stop this from happening if the North
Carolina General Statues (NCGS)104-7 could be amended
to allow the state to have the final say over granting
rights over property purchased within the state by the
federal government. Ms. Alligood further explained that
the NCGS was amended in 1907 to allow automatic transfer
of jurisdiction to the federal government upon purchase
or condemnation of land within the state. Ms. Alligood
reiterated that the state should reclaim control of our
land as originally stated in the Constitution of the United
States. Ms. Alligood stressed the need to pass the proposed
resolution in a timely manner due to the fact that buyout
programs may start in January 2004.
Mayor
Boyette recognized Mr. Hallas Boyd, an OLF Opponent, who
stated that in the flight path the noise created would
not allow a normal conversation. Mr. Boyd also stressed
the need to act now.
Mayor
Boyette stated that the resolution would be reviewed by
the Council.
Councilman
Ebron stated that he supported the opposition of the OLF
but wanted to review the resolution.
Councilman
Hodges stated that he supported the opposition of the
OLF and so did Councilwoman Wilkerson.
After
some discussion, Councilman Hodges made the motion to
adopt the submitted resolution opposing the OLF and supporting
amending the NCGS to restore the State’s rights
with the changing of the appropriate wording for the Town
Council instead of a County agency. Councilwoman Wilkerson
seconded the motion which carried unanimously.
A
RESOLUTION
SUPPORTING A SPECIAL SESSION
OF THE STATE LEGISLATURE TO RESTORE STATE RIGHTS
AS AFFORDED UNDER
THE U.S. CONSTITUTION
AND TO OPPOSE AN OUTLYING LANDING FIELD
AT ANY SITE THAT IS UNACCEPTABLE TO THE STATE OF
NORTH CAROLINA |
| |
WHEREAS,
Assistant Secretary of the Navy, Hansford T. Johnson
signed a Record of Decision on September 3, 2003,
to build an Outlying Landing Field (OLF) on the
Washington/Beaufort County line; and
WHEREAS,
the Commander in Chief of the U.S. Atlantic Fleet
wrote a letter, dated October 30, 2000, indicating
the search for an OLF site was predicted precisely
because of community concerns about jet noise in
the Norfolk, Virginia area, not national defense,
operational requirements, needs of the Navy, homeland
security nor training necessity; and
WHEREAS,
the Navy’s strategy to take in excess of 30,000
acres, equaling approximately 50 square miles, of
prime farmland surrounding the OLF site, in both
counties, by fee-simple transactions or condemnation,
will affect an estimated one-hundred seventy-one
persons and seventy-four households, many who are
4th to 7th generation landowners and farmers; and
WHEREAS,
the OLF site is located immediately adjacent to
the American Bird Conservancy “Globally-Important
Bird Area”, the Pocosin Lake National Wildlife
Refuge, home to over 100,000 migratory birds, including
snow geese, tundra swan and Canada geese, for six
months of every year; and
WHEREAS,
the lead scientist, employed by Navy’s own
contractor, which conducted the bird study, has
come forward in strong opposition to this tie as
being one of the most dangerous locations in the
country for Bird Aircraft Strike Hazards; and
WHEREAS,
the U. S. Fish and Wildlife Service “strongly
recommended against building and OLF close to a
National Wildlife Refuge” and the U. S. Department
of the Interior has requested the Navy consider
alternative sites to no avail; and
WHEREAS,
Executive Order 12898 requires each federal agency
to make achieving environmental justice part of
its mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health
or environmental effects of its programs, policies
and activities on minority populations and low-income
populations in the United States; and
WHEREAS,
the North Carolina Department of Commerce has determined
Washington County to be a Tier I county, having
20.7% of the total population living in poverty
and 30.3% of persons under 18 years of age living
in poverty, as indicated in the U. S. Census Bureau
1995 County Estimate of Poverty and approximately
50% of Washington County residents are minority;
and
WHEREAS,
the environmental impacts of an OLF violate Executive
Order 12898; and
WHEREAS,
Article I, Section 8, Clause 17 of the U. S. Constitution
specifies the Federal Government may acquire property
within a state for erection of forts, magazines,
arsenals, dock-yards, and other needful buildings
but can only acquire jurisdiction over that property
if both the state and federal governments agree
to the transfer; otherwise United States does not
take jurisdiction over the property and can only
be a proprietor of the property; and
WHEREAS,
N.C.G.S. Sec. 104-7 can be repealed or amended to
restore state’s rights intended under the
U. S. Constitution; and
WHEREAS,
Governor Easley opposes this OLF site and any other
OLF site which would have such severe negative impacts
and which would be unacceptable to the State of
North Carolina.
NOW,
THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL
OF THE TOWN OF BELHAVEN SUPPORT A SPECIAL SESSION
OF THE STATE LEGISLATURE TO REPEAL OR AMEND N.C.G.S.
104-7 TO RESTORE STATES RIGHTS AS AFFORDED UNDER
THE U. S. CONSTITUTION AND TO OPPOSE AN OUTLYING
LANDING FIELD AT ANY SITE THAT IS UNACCEPTABLE TO
THE STATE OF NORTH CAROLINA.
Unanimously
adopted this 5th day of January, 2004 at the regular
meeting of the Belhaven Town Council, Belhaven,
North Carolina.
|
Miscellaneous
Mayor Boyette recognized Mr. Greg Coltrain the new Chairman
of the Belhaven Community Chamber of Commerce. Mr. Coltrain
thanked the Mayor and Council for their past support and
expressed his appreciation for future support.
Town
Manager’s Report
Town Manager Johnson reported briefly on the following:
Departmental
monthly reports enclosed in Council packets; elevation
pre-application has been submitted to the state, will
send notices to individuals with flooding and stated that
should a resident want an application to contact the elevation
office on Monday, January 12;
Wanted to clarify that the grant money (CDBG-Urgent Needs)
$400,000 voted on earlier in the meeting; the town will
act as a conduit for the funds and the town does not own
Wynn View building – NEBCED owns 51% with CDBH owning
49%.
Public
Comments
Mr. Roy O’Neal questioned if any grant monies had
been allocated to assist the business owners which had
experienced flooding.
Town
Manager Johnson stated that he was looking into assistance
for businesses but had no results at this time.
Five
Minute Break and Reconvene Into Closed Session
Mayor Boyette stated that there was a need for a closed
session as permitted by GS 143-318.11(4) Economic Development.
Mayor Boyette invited those in attendance to return following
the break and closed session. Councilman Hodges made the
motion to take a five minute break and then to reconvene
into Closed Session for discussion of Economic Development
(Waterfront Development). Councilwoman Heath seconded
the motion which carried unanimously. The meeting recessed
at 8:50 P.M.
Reconvene
Into Regular Session
There being no further discussion for the 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 9:20 P.M.
Mayor
Boyette called the public back into attendance of the
meeting.
Waterfront
Development – Requests from Developer
Mayor Boyette asked Town Manager Johnson to overview the
requests:
Previously
voted on by the Council; $54,000 toward the demolition
of the existing Sea Safari building and soil remediation,
along with Beaufort County contributing $54,000;
1)
Agreement stating that the Town will work with
the developer (Dixon & Hoyle) on site plan; Town Manager
Johnson stated that the developer will have to meet all
guidelines from State and town ordinances;
2)
Waive water and sewer tap fees and waive building permit
fees (water and sewer lines and meters be built to town
specifications and then will be deeded to the town;
3)
Old Belhaven Fish & Oyster Property – give two
year option to purchase to the Beaufort County Committee
of 100 provided an approved development plan is submitted
prior to signing the option to sell for $150,000 and security
of $1,000;
4)
Sewer Extension to the new Sea Safari location and no
annexation of this property for at least three years.
Councilman Baker made the motion to agree with the above
requests as per the developer for the development of the
Sea Safari property on Water Street. Councilwoman Wilkerson
seconded the motion which carried unanimously.
Cancellation
of January 19, 2004 Council Meeting
Councilman Hodges made the motion to cancel the January
19, 2004 Council Meeting due to the Martin Luther King
Holiday. Councilwoman Heath 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 9:25 P.M.
|