Clerks Week Proclamation
Mayor Boyette stated he wanted to recognize Town Clerk Marie J. Adams and read the following proclamation. Following the reading of the proclamation Mayor Boyette and the Council thanked the Clerk for her “job well done” while the audience applauded.

National Day of Prayer Proclamation
Mayor Boyette stated that as Mayor, he wanted to proclaim Thursday, May 6, 2004 as a National Day of Prayer in Belhaven. Mayor Boyette read the proclamation

Mayor Boyette asked the ministers in attendance to approach the Council table to receive their proclamations. The ministers present receiving proclamations were: Mr. Douglas Cogdell, Mrs. Debra Cogdell, Mr. Randy Ivey and Mrs. Wilhelmania Hawks.

Beaufort County Economic Development Commission (BCEDC)
Mayor Boyette stated that the Town of Belhaven had been an active member of the Beaufort County Economic Development Commission and the request of dues had been submitted for Fiscal Year 2004/2005 in the amount of $12,890 for membership. Mayor Boyette stated that the Beaufort County Economic Development Commission (BCEDC) had assisted with the first phase of the Waterfront Development Plan with the relocation of Sea Safari off of 264 which will allow the development to their present waterfront property. Mayor Boyette stressed the need to remain a member of the BCEDC and to keep a good working relationship with the County. Mayor Boyette stated that the dues for Belhaven were population based at 1968 population by $6.55 per capita which equals the $12,890. Councilman Baker made the motion to maintain membership in the BCEDC. Councilwoman Heath seconded the motion which carried unanimously.

Under a separate issue, Mayor Boyette stated that Beaufort County governing officials were considering a change in the way that sales tax revenues are distributed. Mayor Boyette stated that now tax revenues are distributed based on population and that the county was considering changing the method of distribution to ad valorem based. Town Manager Johnson stated that if the County should make this change in distribution, the Town of Belhaven would loose approximately $176,000 in revenue. Mayor Boyette stressed that the Town should denounce the reviewed tax distribution change before the issue gets to the point of a motion. Mayor Boyette also stated that the Town should make their position known so that other towns may make their wishes known. After Council discussion, Councilwoman Heath made the motion opposing the consideration of Beaufort County governing officials considering a change in the distribution of tax revenues and directed Town Manager Johnson to inform Beaufort County officials of their opposition. Councilman Baker seconded the motion. Mayor Boyette recognized Mr. James McKelvey, a business owner who stated that by collecting that tax he supported the tax being distributed based on population. Mayor Boyette asked for a count of the motion, which carried unanimously.

Downtown Development Plan
Mayor Boyette stated that Ms. Allison Platt of Allison Platt and Association had submitted a proposal and scope of services for the central business district in downtown Belhaven that would cost an estimated $30,000. Mayor Boyette stated that Ms. Platt had developed the Waterfront Plan which was now beginning with Phase I at the Sea Safari site on Water Street. Mayor Boyette stated that should a plan not be in place and ready when downtown development starts then there would be no orderly development of the downtown.

Mayor Boyette recognized Mr. Marion Dilday who stated that pubic input would be needed. Mayor Boyette agreed and stated that should someone be hired to develop a plan then public meetings would be held just as they were for the Waterfront Development. Mayor Boyette stated that this information was submitted for input only at this time.

Downtown Development Revitalization, Inc. (DBR) – Mr. James McKelvey
Mayor Boyette recognized Mr. James McKelvey, co-owner of Wine and Words who approached the board to inform them of a new advisory committee. Mr. McKelvey stated that Belhaven should be prepared for downtown development when the waterfront development starts, if not someone else would be planning our downtown. Mr. McKelvey stated that this newly composed Downtown Development Revitalization, Inc. (DBR) was composed of the following members: Mr. Walton P. O’Neal, III (Neal); Mrs. Teresa VanStaauldunien, Mrs. Susan D. Smith, Mrs. Deborah Dewey and Mrs. Nancy Gooding, Mr. Bill Guinn and himself. Mr. McKelvey stated that the DBR would have their first meeting this Thursday and was very eager to get started. Mr. McKelvey stated that the DBR would focus on the downtown business district but would also have interest in the corridors coming into town. Mayor Boyette asked if there were any questions or comments from the Council or the public: Miss Amy Powell asked if other business owners could approach the DBR board, Mr. McKelvey stated yes, either individually or collectively and that public forum meetings would be held to receive public input; Mr. Bob Holz suggested that the Town give DBR time to review the downtown reutilization before hiring Allison Platt & Associates. Mr. McKelvey stated that he would report back to the Council in approximately 30 days.

Clearwater Communications Cable Franchise
Mayor Boyette stated that Mr. Jerry Stender of Clearwater Communications had requested to be included on the agenda to inquire about the possibility of acquiring a franchise agreement for the operation of a new cable service for the area.

Mr. Stender approached the council and presented them with a proposal concerning cable packages and rates. Mr. Stender stated that he would like to operate a multi-county cable, internet, etc. franchise with Belhaven being the hub. Mr. Stender stated that the purpose for this franchise request was to give the customers a choice of cable service in the multi-county area. Mr. Stender stated that this would be an analog system with no “outside equipment” needed such as receivers that would have their own remotes, etc. Mr. Stender stated that a large number of residents in the area would prefer to have cable service but not have the worry with 3 or 4 remotes to operate their television/cable system. Mr. Stender explained that the primary lines would be underground and on poles.

Mayor Boyette asked for questions from the Council or public.

Councilwoman Wilkerson asked if this area could support two cable companies. Mr. Stender stated that his purpose was to give cable customers a choice and he felt that expanding into surrounding counties two companies could survive.

Mayor Boyette asked what time line was Clearwater hoping to meet. Mr. Stender stated that he was looking into the former post office site on the corner of Union and Pungo Streets and the office site and would like to proceed in approximately 30 days.

Mayor Boyette stated that Belhaven Cable should be considered also at this time as they had provided many services for twenty-two years. Town Manager Johnson stated that any party can apply for a franchise and that the town would be obligated if the applicant meets all town obligations.

Mr. Stender stated that he was not out to put anyone out of business, that he just wanted to give the public a choice.

Councilwoman Heath questioned if the guideline/rules for a franchise could be amended if needed. Town Manager Johnson stated yes, by an ordinance amendment.

Minister Randy Ivey asked if digital television was proposed to be offered. Mr. Stender stated no.

Mayor Boyette asked the Council would they like to afford Belhaven Cable representatives an opportunity to approach the Council either tonight or the next Council meeting. The consensus of the Council was to hear from Belhaven Cable at the next Council meeting.

Town Charter Amendment – To Include Auxiliary Police
Mayor Boyette stated that a public hearing was held earlier in the meeting to obtain public input concerning the amendment of the town charter to include auxiliary officers.

Town Manager Johnson stated that the town currently has three positions for auxiliary officers with two of the three positions filled at the present time. Mayor Boyette stated that the amendment would insure that the auxiliary officers would be covered under the town’s workman’s compensation insurance should they get injured while serving the town in their auxiliary position.

There being no further discussion, Mayor Boyette asked for a motion, Councilman Hodges made the motion to amend the Town Charter to include:

(c) It is hereby established that within the Town of Belhaven, unpaid auxiliary police officers, composed by as many as the Town Manager or Police Chief deem necessary are part of the Belhaven Police Department. Councilwoman Wilkerson seconded the motion which carried unanimously.

Flood Ordinance 739 Heber Street – Mister Steve and Ted Carawan, Owners
Mayor Boyette stated that at the March 15, 2004 Town Council meeting, the Council had voted to allow Misters Steve and Ted Carawan to “purchase the necessary permits within 30 days and to have the mobile home in compliance within 90 days”. Mayor Boyette stated that the 30 days for permit purchase had expired and that no work had proceeded on the property.

Town Manager Johnson stated that Mr. Overholt had called Mr. Steve Carawan on April 14, as he instructed, to remind Mr. Carawan of the 30 day deadline to purchase permits, so that the deadline would not be an issue. Town Manager Johnson stated that Misters Carawan had come in on Thursday, April 15, around 4 PM, and met with Mr. Martin Overholt, Code Enforcement Officer but refused to purchase a permit when Mr. Overholt proceeded to review the scope of work.

Misters Steve and Ted Carawan stated that they had not agreed to that type of repair which included a new FEMA foundation with rebar etc. Mr. Carawan asked if the Council thought that was the scope of work. Mr. Steve Carawan questioned the Council if they thought the scope of work included a FEMA foundation with rebar? Mr. Steve Carawan then stated that Councilman Hodges was shaking his head, no. There was much discourse as Mr. Steve Carawan stated that he had met, prior the March 15, 2004 Council meeting, with Town Attorney Keith Mason and that he had not agreed to that. In a berating tone, Mr. Carawan stated that he had approached the Council with this issue for the first time several months ago in “good faith” and felt he had been taken advantage of by the Town and Town Attorney Mason. Following additional discussion, Mr. Bob Holtz, from the audience, suggested that the minutes be referenced.

This Excerpt was inserted in the Agenda Packets and is from the March 15, 2004 minutes which Mayor Boyette referenced, the bolded portion of the minutes as follows:

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 procedural. 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 progressed smoothly.

Mr. Carawan stated that the information in the minutes was not correct as stated.

Mr. Marion Dilday, from the audience stated that he was at the meeting and did not remember that information either.

Mayor Boyette questioned if the minutes submitted by the Town Clerk were being questioned for accuracy. Mr. Carawan stated that the minutes were erroneousness and Mr. Dilday concurred.

Councilwoman Heath asked what should have taken place after the meeting of March 15, 2004. Mr. Martin stated that Misters Carawan would come in the office; get the permit and the scope of work.

Following additional discussion, Councilman Baker made the motion that this issue be tabled at this time and reviewed again on May 3, 2004 when Town Attorney Keith Mason can be present and participate in the discussions.

Mayor Boyette’s Comments
Mayor Boyette reported briefly on the following issues: letter and resolution has been sent to the Department of Transportation (DOT) and representatives concerning the town’s position on the bridge over Pungo Creek replacement.

Town Manager’s Report
Town Manager Johnson reported briefly on the following issues: Inflow and Infiltration (I & I) work complete recommendation report should be forthcoming soon; departmental reports included in packet; Floodplain - notice in newspaper concerning primary home owner (owner occupied); business deposits are legal in the way in which the town handles them; Urgent Need Grant is favorable for the immediate repair of Wynn View building; Citizen of the Year Banquet – Thursday, April 22, 6:30 P.M. at the Wilkinson Center; Mayor Boyette announced that the Beaufort County Mayor’s Association would meet prior to that banquet at 6:00 P.M. in the same building; Mayor Boyette stated that Mr. Bob Holz was a representative for the Mid East Commission’s RPO and stated that his term would be up for reappointment June 2004 and be included on next month’s agenda; Mr. Holz stated that some beautification monies were available for Tier 1 and Tier 2 and can be used for street light beautification.

Public Comments
Mayor Boyette recognized the following who spoke briefly: Mr. Julian Goff, who stated that the play “Harvey” would be performed at Eeii’s Art Gallery on Thursday, Friday and Saturday this week and invited the public.

Post Office Site (Downtown) Revisited
Mr. Goff stated that he, Mr. Marion Dilday and Mr. Russell Johnston had formed a group to support locating the post office downtown.

Mr. Johnston stated that he had contacted Ms. Coburn with the Real Estate Division of the post office and stated that she could give a two week extension to allow this committee to find a suitable downtown location before the contract to build is issued. Mr. Johnston stated that while talking to Ms. Coburn she did not state that by delaying the post office construction on Old County Road that the funds would be allocated somewhere else.

Mr. Dilday stated that he had contacted Representative Arthur Williams to see if the post office could be located at the present site.

Mr. Goff stated that in order for this committee to proceed they would need Council support.

Mayor Boyette stated that he would be concerned about losing a contract to build a new post office here in Belhaven should the contract be delayed again.

Councilwoman Heath suggested that the “committee” get something in writing from Ms. Coburn stating that the suggested delay would not jeopardize a new post office for Belhaven. The “committee” refused.

Mr. Goff asked for Council support and stated that the committee was given two weeks. Mr. Goff stated that the committee wanted to make one last effort to locate the post office downtown.

Mayor Boyette stated that the town had reviewed property in the downtown district for the 1 ½ years and had suffered delays when the “Bishop” property on the corner on Main and Railroad Streets was reviewed.

Town Manager Johnson asked if the committee had a particular parcel of property in mind, Mr. Goff stated no.

Councilman Hodges made the motion for the town to write a letter supporting the location of the post office downtown provided it does not hold up construction and they get an extension in writing from the postal officials and for the committee, Mr. Goff, Mr. Dilday and Mr. Johnston to proceed. Councilwoman Wilkerson seconded the motion.

Discussion Prior to Final Vote of Motion
There was much discussion concerning the delay for two additional weeks, Mr. Johnston read a letter from the US Postal Service addressed to Congressman Jones. The letter is as follows:

Councilwoman Heath asked that any information from the committee be shared with the town officials. Mayor Boyette stated that he was concerned with the delay of the post office bid again.

Mrs. Mable Satterthwaite asked why delay the contract again and why not support the Old County Road site.

Mr. Goff stated that the post office was an element of the downtown and needed to be in the downtown.

Call of the Motion
The motion carried unanimously.

Adjournment
There be no further business, Councilwoman Wilkerson made the motion to adjourn. Councilwoman Heath seconded the motion which carried unanimously. The meeting adjourned at 9:50 P.M.