Call
to Order/Invocation
The Town Council of the Town of Belhaven met in regular
session on Monday, February 2, 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.
Approval of
Minutes – January 5, 2004 Regular Session and Closed
Session
Mayor Boyette announced that the minutes of the January
5, 2004 Regular Session and the Closed Session minutes
were open for review and approval. Some typographical
corrections were made and Councilman Hodges made the motion
to approve. Councilman Baker seconded the motion which
carried unanimously.
Post Office
Update – Consensus of Council to Add this Issue
at the Beginning of the Meeting
Mayor Boyette asked for approval of the Council to add
an item (Post Office Update) to the beginning of the meeting.
Mayor Boyette explained that Mr. Tom Thompson, Director
of the Beaufort County Economic Development Commission
was present and had information to contribute concerning
the Post Office but he had the Beaufort County Commissioner’s
Meeting to attend also. The consensus of the Council was
to hear this update at this time.
Mayor Boyette gave the
history of the location of the Post Office with the following
information. The postal service approved the site on Old
County Road on the east side of Totsland Daycare. Mayor
Boyette stated that the public and town administration
had expressed great concern to keep the post office in
the downtown business district, preferably on the corner
of Main and Railroad Streets. Mayor Boyette stated that
the efforts to keep the post office downtown had been
brought before the Beaufort County Committee of 100 and
this group had stepped forward to assist in this endeavor.
Mayor Boyette stated that local businessmen had pledged
monies to offset the costs differential in the two properties
(Old County Road/ and the corner of Main and Railroad
Streets) and had also donated equipment for the demolition
of the building on the supported site. Mayor Boyette stated
that the town administration had requested from the postal
service officials a 30 day extension to try and locate
the post office on the corner of Main and Railroad Streets
as economically feasible as the other proposed site on
Old County Road.
Mayor Boyette introduced
Mr. Tom Thompson, Director of the Beaufort County Economic
Development Commission. Mr. Thompson stated there had
been a lot of support for the Post Office being located
downtown Belhaven and that Mr. Sam Jarvis, Engineer and
Mr. Bill Guinn, Architect had both donated their time
and expertise to establish the proposed property (corner
of Main and Railroad Street) for the location of the post
office. Mr. Thompson stated that there were three options
for building the post office on the proposed site: 1)
the Beaufort County Committee of 100 finance and own the
post office; 2) a private developer find it that it would
be monetarily feasible to building the post office at
the preferred site; or 3) the town to build and own the
post office as financing rates would be more economical
for the town. Mr. Thompson stated that the proposed preferred
site for the post office was an estimated $20,000 away
from this happening. Mr. Thompson thanked Mr. Cecil Smith,
in the audience, for his efforts in coordinating contractors
for demolitions, contractors to provide fill dirt, etc.
Mr. Smith then thanked Marion and Jane Dilday for their
donation of $5,000 towards these efforts along with their
support to bring the community together on the project.
Mayor
Boyette thanked all involved for their support thus far
and reminded the public that Belhaven was the only location
for a new post office in the state for the year 2004.
Mayor Boyette stated that it should be made clear that
the pledges made, should be for whoever builds (acts as
the developer) on the preferred site for the post office.
Mayor Boyette recognized Mrs. Lucy Bishop Robbins, one
of the owners of the preferred property for the location
of the post office, Mrs. Robbins stated that the environmental
study had come back showing no soil contamination.
Town
of Belhaven – Membership for the Beaufort County
Committee of 100
Mayor Boyette stated that the Town of Belhaven had never
been a member of the Beaufort County Committee of 100
and felt that it was time that the town was a part of
this organization. Council discussion was in favor of
the Town of Belhaven having a membership for $100. Councilman
Baker made the motion for the Town to pay the $100 fee
and become a member of the Beaufort County Committee of
100. Councilwoman Heath seconded the motion which carried
unanimously. Mayor Boyette encouraged members of the public
and Council members to each become members of this most
worthwhile committee which promotes development for the
entire Beaufort County.
Recognition
of Sergeant Larrine M. Mackey – Retirement Resolution
Mayor Boyette asked Ms. Larrine M. Mackey, former Sergeant
in the Belhaven Police Department to come forward while
he read the following resolution.
Town
of Belhaven
Resolution Recognizing Retirement
Of Sergeant Larrine M. Mackey |
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WHEREAS,
Larrine M. Mackey began her career with the Town
of Belhaven on July 25, 1976 with the Belhaven Police
Department as a dispatcher; and
WHEREAS,
Larrine M. Mackey worked her way up through the
ranks of the Police Department as a Certified Police
Officer on July 2, 1982 and then Sergeant on July
10, 1992; and
WHEREAS,
Larrine M. Mackey has worked diligently with the
“ Are You O-Kay” (RUOK) Program sponsored
by the Police Department, where senior citizens
and disabled citizens register with the Police Department
and are called daily to ensure their health and
safety; and
WHEREAS,
Larrine M. Mackey has worked faithfully for the
betterment of the department enduring long hours
and many difficult situations; and
WHEREAS,
Larrine M. Mackey recently completed twenty-seven
and one-half years of continuous service to the
Town of Belhaven and her citizens; and
WHEREAS,
Larrine M. Mackey has been the first employee to
retire with the Belhaven Police Department.
NOW,
THEREFORE, BE IT RESOLVED, that the Mayor and Town
Council, on behalf of their citizens, do hereby
express congratulations and sincere appreciation
to Ms. Larrine M. Mackey for her twenty-seven and
one-half years of service to our Town and wish her
well in her retirement.
Unanimously
adopted this the 2nd day of February, in the year
of our Lord Two Thousand and Four. |
Ms.
Mackey received a standing ovation and Mayor Boyette presented
her with a Bullova Retirement Watch engraved with her
tenure with the Belhaven Police Department. Mayor Boyette
stated that Ms. Mackey was the first employee to retire
with the Police Department and commended her. Councilman
Hodges made the motion to adopt the resolution. Councilwoman
Wilkerson seconded the motion which carried unanimously.
Multi-Purpose
Building Request – Northside High School
Mayor Boyette stated that this request had been postponed
until a later date, per the request of Northside High
School officials.
Request
to Amend the Primary Fire District – Brian and Margo
Ashford (Pamlico Street)
Mayor Boyette stated that Mr. Brian Ashford was present
and requesting that his property on the east side of Pamlico
Street between the Tarkington Property and Pittard, Perry
and Crone, Inc. be removed from the primary fire district.
Mayor Boyette stated that the property was proposed for
an office site but after receiving a variance from the
front yard setback from the Board of Adjustment did not
feel it would be feasible to build an office to the specifications
of the primary fire district. The Council discussed the
options of holding a public hearing and voting on the
issue or referring to the Planning Board for their recommendation
to the Town Council. After further discussion, Councilman
Baker made the motion to refer the issue of changing the
primary fire district to the Planning Board for their
review and recommendation to come back to the Council.
Councilwoman Heath seconded the motion. Councilman Hodges
asked if the Ashford’s were requesting that their
property be removed from the primary fire district and
would this be spot zoning. Town Manager Johnson clarified
that the primary fire district could be modified but it
would have to be contiguous and that one piece of property
could not be removed with adjoining property on either
side remaining in the primary fire district. Mr. Ashford
stated that “spot zoning” was not his intent.
Mayor Boyette asked for a call of the vote, which was
unanimous.
Flood
Ordinance Condemnation Appeal – 739 Heber Street,
Owners Steve and Ted Carawan
Mayor
Boyette stated that Mr. Steve Carawan and Mr. Ted Carawan
were appealing the condemnation of their mobile home at
739 Heber Street. Mayor Boyette asked Mr. Martin Overholt,
Code Enforcement Officer to explain to the Council the
criteria and explanation of the ordinance used for this
condemnation. Mr. Overholt explained to the Council and
public that the Town of Belhaven had adopted the new Flood
Damage Prevention Ordinance in May 2003. Mr. Overholt
explained by adopting this ordinance the town would use
it as a guideline for flood related code enforcement.
As a Community Rating System (CRS) Belhaven has a rating
based on the enforcement of the NFIP and that Community
Rating was an 8. Mr. Overholt stated that by having this
rating flood insurance is purchased at a lower rate. Mr.
Overholt explained that the NFIP mandated using the Residential
Damage Estimate (RSDE) which used the Marshall/Swift calculation
which is the industry standard for repair estimates. Mr.
Overholt stated that the repairs could not exceed 50%
of the value of the home/mobile home and in using this
method all repairs must be considered, paint, sheet rock,
ductwork replacement and insulation replacement along
with clean up of mold/spores, etc. Mr. Overholt stated
that one value which can be used is the tax value which
is $3,000 and that the repairs could not exceed $1,500.00.
Mr. Overholt stated that he did not actually go into the
mobile home as the damage/repairs he inspected while crawling
under the mobile home exceeded the 50% value rule. Mr.
Overholt stated that the flood water did not actually
go into the trailer but permeated through the ductwork
and insulation and that some foundation piers had received
damage. Mr. Overholt stated that the clean up to avoid
contamination of spores and mold is within 24-48 hours
after flooding to reduce the migration of same. While
giving his review of the mobile home, Mr. Overholt stated
that the trailer had no electric service since April 2002
and to the best of his knowledge no one had attempted
to clean the home. For further information Mr. Overholt
stated that the mobile home had been grandfathered in
the Residential Zone (R5) as trailers were not allowed
in this zoning district and that the mobile home was not
hurricane rated.
Mr.
Steve and Ted Carawan – Owners, 739 Heber Street
Mr. Steve Carawan stated that he and his brother Ted had
purchased two mobile homes about ten years ago as rental
properties. Mr. Steve Carawan stated that the other mobile
home was on Riverview Street and was also condemned but
he had no problem with the enforcement of that home as
the home actually received damage and was flooded during
the hurricanes. Mr. Carawan stated that the mobile home
at 739 Heber Street had never had flood water inside the
home and that he felt the mold/spore issue was unfounded
due to plastic barriers between the insulation and the
mobile home. Mr. Steve Carawan stated that the mobile
home had not been rented since April 2002 because the
neighbor had complained to him concerning the minority
renters in the mobile home. Mr. Carawan stated that minimal
insulation would be needed to replace the damaged insulation
under the 48’ mobile home. Mr. Steve Carawan stated
that he felt he was being singled out for condemnation
because of his past history/problems with the town. Mr.
Steve Carawan also stated that the Town Hall, in which
we were meeting, had been flooded every time and denied
that the town tore out walls and treated for spores. Town
Manager Johnson interjected; that the town had torn out
walls and treated the entire Town Hall for mold/spores.
Mr. Carawan said he had contacted Hyde County Inspections,
Beaufort County Inspections and they had stated that Mr.
Overholt was not qualified to condemn this mobile home
based on the flood criteria of mold and spore infestation.
Mr. Steve Carawan also contacted a licensed General Contractor,
Mr. Del Tolan, who had looked at the home and saw no substantial
structural damage. Mr. Steve Carawan stated that he had
never received any monetary assistance or insurance claims
on this mobile home.
Councilman
Hodges questioned why condemn the home. Town Manager Johnson
explained that there was an issue of damage sustained
to the mobile home. Councilman Hodges questioned the age
of the mobile home, Mr. Steve Carawan stated that he did
not know but even windows had never been replaced due
to wind damage from hurricanes. Mr. Carawan stated that
the real estate value of this mobile home was $19,000.
Town Manager Johnson stated that the mobile home was not
considered real estate but personal property.
Mr.
Overholt clarified to the Council that should the home
be allowed to be repaired then the town would be jeopardizing
the community rating of the NFIP which would increase
flood insurance and would also set a precedence for future
condemnations. Mr. Overholt stated that he had no personal
problems with Mr. Carawan and if the Council deemed the
repair of this mobile homes verses condemnation, then
he would see that the home was repaired properly.
Councilman
Hodges stated that sometimes a little leeway was necessary;
Councilwoman Heath posed the question, “Can we sweep
the ordinance aside”? and asked Attorney Mason his
recommendation. Attorney Mason stated that he would have
to review the Floodplain Ordinance. Following some additional
discussion, Councilman Baker made the motion that the
issue be tabled until the Attorney can review for his
legal opinion of the flood ordinance. Councilman Ebron
seconded the motion which carried unanimously.
Mayor
Boyette clarified the issue by stating, that he had no
qualm with Mr. Overholt’s findings or his abilities
as an inspector. Mr. Overholt stated that he was a public
servant and would be very cooperative to the public.
Mayor
Boyette heard comments from the following: Mr. Dilday,
let the owner repair the mobile home; Mr. Walt Allen warned
the Council of setting a precedence; Mr. Roy O’Neal,
mobile home dealer, questioned decisions of condemnation
being made based on a software program.
Beaufort
County/Town Contract for Waterfront Development Inducements
Mayor Boyette stated that Town Attorney Mason had drafted
a joint agreement with Beaufort County and the Town to
give inducements to facilitate the waterfront development
project, starting with the Sea Safari property on Water
Street. Mayor Boyette stated that the same contract was
also being presented at the Beaufort County Commissioners
meeting which started earlier in the evening. Mayor Boyette
stated that the agreement would be on file at the municipal
building and open to the public. Mayor Boyette asked for
a motion to approve the following agreement.
NORTH
CAROLINA
BEAUFORT COUNTY AGREEMENT |
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| THIS
AGREEMENT, made as of the day of January, 2004, by
and between the Town of Belhaven, a municipal corporation,
(hereinafter “Town”), and the County of
Beaufort, a body politic (hereinafter “County”);
W
I T N E S S E T H:
WHEREAS,
the Town of Belhaven, desires to induce Dixon &
Hoyle, LLC (hereinafter “the Developer”)
to acquire the property located at 386 East Water
Street in the Town of Belhaven, currently owned
by Sea Safari, Ltd. (hereinafter “the Property”),
and to develop said Property pursuant to a waterfront
development plan; and
WHEREAS,
an impediment to said acquisition is the cost of
demolition of the plant and buildings now located
on the Property and the remediation of any soil
contamination as a result of any petrochemicals
or other contaminants from oil storage tanks now
or previously located on the Property; and
WHEREAS,
the Town has agreed to reimburse Developer for the
cost of said demolition and remediation (hereinafter
“the Project”) at a projected cost not
to exceed $108,000.00, and the County has agreed
to share equally in the cost of this Project in
accordance with the terms and conditions set forth
in this agreement.
NOW,
THEREFORE, the Town and the County wish to enter
into an agreement concerning this Project as follows:
1.
The County shall pay the Town one-half (½)
the total cost of this Project, subject to a maximum
contribution of $54,000.00. The Town will receive
invoices from the Developer, or its contractors,
employees, or agents, for all work completed on
the Project and forward a copy of the same to the
County, which shall pay one-half (½) of the
invoice to the Town within thirty (30) days of receipt.
2.
The County shall have no liability for any event
or condition arising out of this Project. The Town
fully and unconditionally releases and forever discharges
the County from any and all claims, losses, liabilities,
demands, actions or causes of action of any kind
or character (including, without limitation, for
attorneys’ fees, costs and expenses), whether
known or unknown, with knowledge that such may exist,
whether at law or in equity, whether in contract,
tort or under statute or otherwise, including any
and all warranties, whether express or implied,
that might accrue or arise out of the said Project.
Furthermore, the Town agrees to indemnify and hold
the County harmless of any and all loss, cost, damage
and expense, including attorney's fees, which it
shall incur or become liable for, either directly
or indirectly, as a result of any action brought
by any person, firm, or corporation arising out
of the said Project.
3.
The Project shall be completed within six (6) months
of the fulfillment of the last of the following
events, each of which shall be a condition precedent
to the commencement of the Project and the payment
of any money by the County:
a.
Developer shall acquire the Property from Sea Safari,
Ltd.; and
b.
Developer shall obtain all approvals and permits
for the Project from any federal, state, or local
authorities as may be necessary to complete the
Project; and
c.
Developer shall procure or arrange for the procurement
of any and all contractors, employees, and agents
necessary to complete the Project in a timely and
professional manner. The
completion of each of these conditions precedent
shall be determined by the Town.
4.
This agreement shall be null and void if the Project
is not completed within two (2) years of the date
of this agreement.
IN
WITNESS WHEREOF, the Town of Belhaven has caused
this instrument to be executed in its name by its
Mayor, attested by its Town Clerk, and its official
seal to be hereto affixed, all by proper authority
duly given and the County of Beaufort has caused
this instrument to be executed in its name by the
Chairman of its Board of Commissioners, attested
by its Clerk, and its official seal to be hereto
affixed, all by proper authority duly given. THE
TOWN OF BELHAVEN CORPORATE SEAL |
Councilman
Hodges made the motion to authorize the Mayor and Clerk
to execute the agreement on behalf of the Town of Belhaven.
Councilwoman Heath seconded the motion which carried unanimously.
Town
Manager’s Report
Town Manager Johnson reported briefly on the following:
departmental monthly reports enclosed for Council review;
Hurricane Isabel Mitigation Pre-Application has been extended
two weeks with a large number of applications already
turned in; Town Council has a need for closed session
according to GS 143.318.11(4) Economic Development.
Mayor’s
Comments
Mayor Boyette stated the following briefly: Mayor and
Council invited to Fire Department Oyster Roast on Friday,
February 13; attended Library Annual Meeting on Thursday,
January 29.
Citizen’s
Comments
Mayor Boyette recognized the following citizens who spoke
briefly:
Mr.
Marion Dilday who suggested that someone coordinate the
post office plans and donations, etc. as he and his wife
Jane had donated $5,000 but had not donated the use of
any equipment as that would need to be coordinated by
the contractor;
Mr.
Bob Holz questioned the status of the replacement of the
Pungo Creek Bridge – Mayor Boyette stated that the
replacement had been postponed 1 year.
Three
Minute Break and Reconvene Into Closed Session
Councilwoman Heath made the motion to take a three minute
break and to reconvene into closed session according to
GS 143-318.11 (4) Economic Development. Councilman Hodges
seconded the motion which carried unanimously. The meeting
recessed at 9:12 P.M.
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 at 9:40 P.M.
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 9:42 P.M.
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