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March 15, 2004
Call to Order/Invocation
The Town Council of the Town of Belhaven met in regular session on Monday, March 15, 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.

Approval of Minutes – March 1, 2004 Regular Session
Mayor Boyette announced that the March 1, 2004 Regular Session minutes were open for review and adoption. There being no corrections to the minutes, Councilman Hodges made the motion to approve. Councilwoman Wilkerson seconded the motion which carried unanimously.

Ambulance Purchase Authorization
Mayor Boyette stated that at the last Council meeting the Town had approved the purchase of a 2003 Type III #4505D XLT Ambulance from Wheeled Coach and that the approval of the financing of this $89,500 ambulance was presented for approval. Mayor Boyette stated that Southern Bank had agreed to finance the ambulance at an excellent interest rate of 2.59% per annum. There being no need for further discussion, Councilman Baker made the motion approving the contract for purchasing and authorizing Tim M. Johnson, Town Manager to execute all documents on behalf of the Town of Belhaven for the installment purchase contract of the described ambulance at a cost of $89,500 and financed for a period of four (4) years at 2.59% per annum. Councilman Hodges seconded the motion which carried unanimously.

2003/2004 Budget Amendment (Ambulance Purchase)
Mayor Boyette stated that a budget amendment was needed to include the purchase of the ambulance in this year’s budget. The proposed budget amendment will show both the revenue (loan proceeds) and the expenditures (capital outlay) for the contract purchase. Councilwoman Heath made the motion to increase revenue account 10-396-001 (Loan Proceeds-Ambulance) from $0 to $89,500; and to increase expenditure account 10-530-075 (Capital Outlay – Vehicle) from $0 to $89,500. Councilman Baker seconded the motion which carried unanimously.

739 Heber Street Flood Ordinance – Condemnation Ordinance - VACATE
Mayor Boyette stated that this issue had been before the Town Council on two previous occasions and due to the request of the town attorney additional time was needed to review the procedures and give legal opinion. Mayor Boyette recognized Attorney Mason for his recommendation. Attorney Mason stated that condemnation proceedings had been initiated by the Town’s Code Enforcement Officer, Mr. Martin Overholt, through the National Flood Insurance Program (NFIP). Town Attorney Mason stated that because he was not familiar with condemnations through this ordinance he had conferred with Mr. Richard Ducker with the Institute of Government, and with personnel from the Division of Emergency Management and NFIP. Town Attorney Mason stated that Mr. Overholt had done nothing improper; but that his concern was procedurally. Attorney

Mason stated that in the finding of fact hearing there was concern from Mr. Carawan concerning substantial damage as he did not feel that the damage to the mobile home was substantial. Attorney Mason stated that following the hearing Mr. Overholt had issued the condemnation ordinance which denied Mr. Carawan the right to repair the mobile home. Attorney Mason stated that the mobile home was non-conforming with the zoning ordinance as mobile homes were no longer an allowed use in the R5 District, but that the home had been grandfathered in and would remain until destroyed. Attorney Mason stated that he had met with Misters Steve and Ted Carawan, owners of the mobile home, prior to the Council meeting. Attorney Mason stated that the Carawans had no problem with bringing the mobile home into code including elevation if necessary, within 90 days. Attorney Mason suggested that the condemnation ordinance be rescinded and that the Carawans be given 90 days to bring the mobile home into compliance with all housing codes/ordinances. After some Council discussion, Councilman Baker made the motion to vacate the condemnation ordinance issued for the mobile home at 739 Heber Street, owned by Misters Steve and Ted Carawan which was issued on January 16, 2004. Councilman Hodges seconded the motion which carried unanimously. Councilman Hodges made the motion to allow the Misters Carawan to purchase the necessary permits to repair within 30 days and to have the mobile home in compliance within 90 days. Councilwoman Heath seconded the motion which carried unanimously. Mayor Boyette recognized Mr. Martin Overholt, who stated that he would work with the Carawans in anyway to see that the repairs and inspections progress smoothly.

Location of Post Office – Discussion (Old County Road)
Mayor Boyette stated that the post office location had been a main topic for many months and he would like to make a report from the Postal Service. Mayor Boyette stated that he was notified in a letter from Ms. Ruthann Coburn, with the Postal Service, concerning the refusal of the Ed and Lucy B. Robbins’ proposal to build a post office on the Bishop property at the corner of Main and Railroad Streets. Ms. Coburn’s letter further stated that the Robbins’ bid could not be considered due to an unfair advantage over other contractors. Mayor Boyette had talked with Mrs. Robbins concerning the (Bishop Family’s) willingness to sell the preferred property at the corner of Main and Railroad Streets with no stipulations to the chosen developer. Mayor Boyette revisited the efforts of the Town and Community concerning donations of money, time, manpower and equipment to prepare the preferred site, should the owners agree to sell to the developer for the post office site the property on the corner of Main and Railroad Streets: the town had donated up to $20,000 for the preparation of the property for building in additional to the donation of .61 of an acre of the Boyette Civic Center property to include in the property for the post office site for parking; $11,000 in donations from various community members and various donations of services for the demolition of the existing building and tree removal. Mayor Boyette informed the public that Mrs. Robbins and other family members who owned the preferred property stated that they would sell the property with a 20 year deed stipulation that the property could not be resold. Mayor Boyette stated that the preferred property could not be considered due to the fact that the owners would not sell without a stipulation. Mayor Boyette stated that the developer could not invest $700,000 with a stipulation like that, should something happen to the post office at that location. Mayor Boyette also stated that the postal service required that properties used for development be free from property restrictions. Mayor Boyette stated that the United States Postal Service (USPS) had worked with the town government to locate the post office at the preferred site and he felt than any additional delays would jeopardize Belhaven getting a new postal facility. Mayor Boyette further stated that the postal service may support a centralized post office to serve several communities, which would then be located out of the town limits of Belhaven. Following further discussion, Councilwoman Heath made the motion directing Town Manager Johnson to notify Ms. Ruthann Coburn with the USPS, that the Town Council supports the development of the post office on Old County Road. Councilman Baker seconded the motion. There was additional discussion from the pubic suggesting that the town postpone the relocation of the post office until another site could be suggested. Mayor Boyette reiterated that the town would then jeopardize getting a new postal facility and the relocation of a centralized postal facility may be reviewed. The motion carried unanimously.

Mr. Jules Purvis questioned would improvements of the streets be made and who would be responsible.

Mayor Boyette stated that the developer would be responsible for the streets leading into the post office and that the town would make the area more traversable as Old County Road is very narrow.

Mr. Steve Carawan stated that the Old County Road site seemed to describe a site that was inferior; Mayor Boyette stated yes, but we (the town) have to make it work as it would be the town’s obligation to have proper access.

Councilwoman Heath suggested that those in the Community who volunteered money and time be given a thank you for their efforts.

Mr. Marion Dilday questioned why the post office could not be built where the temporary office is located at this time. Mayor Boyette explained that the property where the post office is temporarily located is town owned property deeded to the Town of Belhaven from Beaufort County because Federal Emergency Management Act (FEMA) paid the school system for the property and mandated that the property may never be built on again due to FEMA’s buyout rules. Beaufort County then donated the property to the town because they did not want the responsibility of the maintenance on the property.

Town Manager Johnson stated that the town accepted the property because it is adjacent to the ball fields and can house concession stands, no permanent use buildings, etc.

Effie-Raye Arts Society Request
Mayor Boyette stated that Ms. Yvonne Sedgwick, President of the Effie-Raye Arts Society, had submitted a request to the Council requesting that Pamlico Street be closed from 9:00 A.M. – 6:00 P.M. on Pamlico Street from Main Street to Water Street in order to have art displayed on the street from local art students. Councilman Hodges made the motion that with consent of a majority of the business owners, the town would close Pamlico Street from Main to Water Street from 9:00 A.M. – 6:00 P.M. on Saturday, April 10, 2004. Councilwoman Heath seconded the motion which carried unanimously.

Mr. Bob Holz, Owner - Thistle Dew Inn on Water Street, questioned if detour signs would be erected. Town Manager Johnson stated "no because the closing was for a one block portion and the route was obvious".

Citizens Request – Mrs. Teresa VanStaaulduinen
Mayor Boyette stated that Mrs. VanStaaulduinen had requested time on the agenda but could not attend tonight. The Council concurred to include this request on the April 5, 2004 Agenda.

Celebration Committee (4th of July Status Report) – Mr. Harvey “Butch” Raynor, Chairman
Mayor Boyette recognized Mr. Butch Raynor, Chairman of the Celebration Committee who wanted to give a July 4th Celebration Update.

Mr. Raynor stated that the majority of festivities, including the parade would be held on Saturday, July 3, 2004; Friday, July 2 the beauty pageants will be held. Mr. Raynor stated that he will approach the board later concerning streets closings, etc. Mr. Raynor also stated that additional electric connections were needed and more 220 volt connections were needed for the vendors. Town Manager Johnson stated that additional electric connections would not be a problem. The Mayor and Council thanked Mr. Raynor for the information.

Carnival Request – First Baptist Church
Mayor Boyette recognized Mrs. Gloria Rogers, Administrative Assistant with First Baptist Church who was seeking permission to use town property to hold a church sponsored carnival.

Mrs. Rogers explained that the church was requesting to use town owned property on the corner of Pantego and Kings Streets adjacent to the Multi-Purpose Building (on the west side). Mrs. Rogers stated that the area residents had been surveyed to inform them of the week long carnival proposed in June. Mrs. Rogers stated that out of 15 homes surveyed, 4 were not home and all others gave a favorable response. Mrs. Rogers did state that some of the homes on King Street were concerned with parking in front of their homes and she stated that the church/carnival would be responsible for no parking signs. Mrs. Rogers further stated that the Carnival (Smokey Mountain Amusements) would obtain all food permits, will clean the property, furnish their own dumpsters, pay for police support, provide posters for advertising, provide their own generator, provide portable toilets and carry $5 million in liability insurance naming First Baptist Church and the Town of Belhaven as co-insurers.

Councilwoman Heath stated that she was concerned with the children attending the Boys & Girls Club around the carnival equipment during the day. Mrs. Rogers stated that she had contacted Mr. Redden Leggett, Director Beaufort County Boys and Girls Club; who stated that daytime outside activities could be curtailed for that week.

Town Manager Johnson stated that per Recreation Director Sport Sawyer’s memorandum recreation games were scheduled and other than noise and parking it should not be a problem but, that ball games would be held on all fields during the month of May and June.

Mrs. Rogers explained that the carnival was a fund raiser for the church. Mrs. Rogers stated that Smokey Mountain Amusements was not interested in leaving a clean up deposit. Mrs. Rogers then introduced Rev. Marc J. DeNeal.

Reverend DeNeal stated that the church would furnish the clean up deposit and appreciated the Council’s consideration.

Following some discussion, Councilman Baker made the motion to grant the use of the town owned property on the corner of King and Pantego Streets (on the west side of the Multi-Purpose Building) for the purpose of First Baptist Church providing a carnival by Smokey Mountain Amusements, as a fund raiser, with the church paying the clean up deposit, during the first week of June, 2004. Councilman Ebron seconded the motion which carried unanimously.

Mrs. Rogers asked could the property on the corner of Bay and King Street be used for parking. Town Manager Johnson stated that piece of property was also owned by the Town and that would not be a problem.

Revival Request – Touched By Him Global Ministries, Inc. – Evangelist Cal Sherman
Mayor Boyette stated that Evangelist Cal Sherman had requested time on the agenda to ask permission to utilize town owned property to conduct a three day/night tent revival. Mayor Boyette asked if anyone was present representing this request. Mayor Boyette recognized Mr. Cindy Christiano, Board Member of Touched By Him Global Ministries, Inc. (TBHGM).

Ms. Christiano stated that they wished to use the property on the corner of King and Pantego Streets (same area as requested for the carnival) to hold a revival on Thursday, Friday and Saturday, May 20, 21, and 22, 2004. Ms. Christiano stated that the services nightly would be from 7 – 10 P.M. with daytime service on Friday and Saturday from 10:00 A.M. until.

Town Manager Johnson stated that there would be no Little League Games on Friday night but other leagues would be playing that night along with games on Thursday, Friday and Saturday and that parking may be a concern as an expected 200 people would be approximately 75-80 vehicles.

Ms. Christiano stated that TBHGM had 1 million insurance policy and that they would purchase event insurance and name the Town of Belhaven as the co-insured.

Town Manager Johnson stated that the area neighborhood would need to notify of the intent of this event and that a $100 clean up deposit would be needed.

Following additional discussion, Councilman Ebron made the motion to allow TBHGM permission to use the town’s property on the corner of West Pantego and King Street for a tent revival from Thursday – Saturday, May 20-22, 2004 with a $100 clean up deposit. Councilman Baker seconded the motion which carried unanimously.

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

1) Departmental reports included in the packets for review;

2) Fire/Rescue Chief, Paul Wood, Jr. and the department are pleased with the purchase of the new ambulance;

3) State’s Criteria for next elevation project: a) owner/occupied; b) had to have damage during Hurricane Isabell; c) much less money than originally thought; d) Belhaven is a high priority; e) no repair monies for damages through any other funds as in the previous grant; and homes will be reviewed individually.

Councilman Hodges suggested that when the grant is funded that an informational meeting be held at the Civic Center.

Town Manager Johnson also stated that the Corps of Engineers were reviewing the breakwater and are considering repairing; Town Manager Johnson and Mayor Boyette both stated that the breakwater needed to be replaced.

Miscellaneous
Mayor Boyette thanked Mr. Bob Holz, the Town’s RPO representative to the Mid East Commission for his report on their last meeting which included monies for bike/pedestrian path on 80/20 grants; no commitment on the replacement of bridge 64 over Pungo Creek, Mr. Holz stressed the need to remind DOT of the town’s concern of detours when this bridge is replaced – may need to reissue resolution and statements of concern (Council discussed – bring back next meeting); Mayor Boyette had spoken with Mr. Joe Lassiter, Engineer for the developers of the Sea Safari property, waiting for permits from stated; town has been granted the funds for the sewer extension but has not received; and stated that Sea Safari may operate at the present site this season.

Adjournment
There being no comments from the public, Councilman Hodges made the motion to adjourn. Councilwoman Heath seconded the motion which carried unanimously. The meeting adjourned t 9:07 P.M.


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