Call
to Order/Invocation
The Town Council of the Town of Belhaven met in regular
session on Tuesday, January 18, 2005 due to the Martin Luther
King Holiday on Monday. Dr. Charles O. Boyette, Mayor, called
the meeting to order at 7:30 P.M. in the Council Chambers
at Town Hall. Those Council members present were: Albert
Baker, George R. Ebron, Jr., Mayor Pro-Tem; Cynthia M. Heath
and James B. Hodges. Councilwoman Linda E. Wilkerson was
not present at the meeting. Town Manager Tim M. Johnson
and Town Clerk Marie J. Adams were also present. Town Attorney
Keith B. Mason was not present at the beginning of the meeting
but arrived later. Mayor Boyette gave the invocation.
Approval of Minutes
– January 3, 2005 Regular Session
Mayor Boyette announced that the minutes of the January
3, 2005 regular session were open for review and approval.
There being no corrections to the minutes, Councilman
Ebron made the motion to approve the minutes. Councilman
Baker seconded the motion which carried unanimously, 4
to 0.
Audit Presentation –
2003/2004 Fiscal Year – Pittard, Perry & Crone,
Inc. – Mr. Jeff Best
Mayor Boyette stated that Mr. Jeff Best, CPA with Pittard,
Perry & Crone, Inc. was present to summarize the audit
for 2003/2004 Fiscal Year. Town Attorney Keith B. Mason
arrived at the meeting at this time, 7:35 P.M.
Mr. Best stated that the
audit was performed with new procedures required by the
Local Government Commission. Mr. Best stated that the
new guidelines GASB34 which included a management discussion
analysis letter from the Town Manager and the capital
assets of the General Fund. Mr. Best explained that the
fund balance was $2,363,139 which was 116% more than the
current expenditures which was more than an adequate fund
balance. Town Manager Johnson stated that over the past
ten years the fund balance had been gradually increased
but over the next few years it would decrease because
of rather large expenditures including the breakwater
repair/replacement, waterfront development incentives,
and the building of the police/fire/rescue complex. Town
Manager Johnson also stated that it was a good practice
to carry a larger fund balance due to the potential problem
with hurricanes and the funds which are needed to get
debris removal implemented.
Mr. Best stated that the
management letter to the Mayor and Council expresses concern
of the tax collection being 83.04 for the current year
of collection and that the segregation of duties in the
finance office. Town Manager Johnson stated that taxes
get collected over a three to four year period with a
rate of about 98% . Town Manager Johnson stated that the
County had implemented a collection method that allowed
state income tax to be attached for unpaid County/Town
taxes. Town Manager Johnson stated that this would help
with tax collection and that the Town had already implemented
this program a couple of years ago for the unpaid utility
bills. Town Manager Johnson explained that due to the
staff size in the finance office the segregation of duties
will always be mentioned in the audit. Mr. Best stated
that the town was in very good (strong) financial order.
Mr.
Best stated that the Town was in very good (strong) financial
order.
Mr.
Bob Holz asked if the public could review the audit. Town
Manager Johnson stated that after the Council’s
adoption of the audit it would be available at the Municipal
Building and the public library for review.
Mayor
Boyette asked for a motion approving the 2003/2004 Fiscal
Year Audit as presented by Pittard, Perry & Crone,
Inc. Councilman Baker made a motion to accept the 2003/2004
Fiscal Year audit as presented by Pittard, Perry &
Crone, Inc. Councilman Hodges seconded the motion which
carried unanimously, 4 to 0.
Sun
Burn Communications, LLC – Franchise Ordinance (First
Vote)
Mayor Boyette stated that Sun Burn Communications, LLC
had made application several months ago for a cable television
franchise and that to date the council had held a public
forum, received written comments and that everyone had
the opportunity to speak on this issue. Mayor Boyette
stated that the issue would not be open for the public
as it was the Council’s time to make a vote to approve
the first reading of the franchise agreement ordinance
between the Town of Belhaven and Sun Burn Communications,
LLC or not. Mayor Boyette asked for a motion. Councilman
Baker stated that he would like for Attorney Keith Johnson
with Poyner & Spruill to summarize his findings. Attorney
Johnson stated that the franchise application had been
reviewed as to federal law and our ordinance and that
the application meets the intent of our ordinance and
is in agreement with the federal law. Attorney Johnson
further stated that the cable franchise application met
the financial responsibility from the applicant. Councilman
Ebron questioned if Town Attorney Mason concurred with
the statement of Attorney Johnson. Attorney Johnson reiterated
that Sun Burn Communications had sufficient security to
remove “facilities” should the company default.
Attorney Johnson also stated that the Federal Law promotes
competition and it is not the Town Council’s obligation
to decide if two businesses can have a cable franchise
in Belhaven. Councilwoman Heath questioned when the cable
franchise application was revised. Town Manager Johnson
stated that the revision of the ordinance was around 1998
and that the current cable company was established in
early 1980’s and that the new application for franchise
was a lot more stringent. Town Manager Johnson stated
that the new franchise application was more stringent
in insurance, security and financial assurances.
Mayor
Boyette asked for a vote. Councilman Ebron made the motion
to approve the first reading of the cable franchise agreement
ordinance by Sun Burn Communications, LLC. Councilwoman
Heath seconded the motion which carried unanimously, 4
to 0.
Mayor
Boyette stated that the second reading of the franchise
agreement ordinance would be on February 7, 2005.
Day Beacon #9 – Site Plan Approval
Mayor Boyette stated that the Council had been presented
the site plan for Day Beacon #9 which is the first project
in the Waterfront Development. Mayor Boyette stated that
Mr. Joe Lassiter, Engineer with Quible & Associates
was present to present the site plan. Town Manager Johnson
stated that the site plan had been reviewed extensively
by the planning board and all concerns of the Planning
Board had been resolved. Mayor Boyette stated that the
town had committed a maximum of $54,000 towards the demolition
and site remediation along with the Beaufort County committing
the same amount. Mr. Lassiter stated that currently demolition
is taking place on the property and then the environmental
assessment will be made. Mr. Lassiter stated that from
the time of breaking ground the development should take
six months to complete, so that possibly within one year
the development should be complete. Mayor Boyette stated
that the property being developed was approximately two
acres and would have 36 – 2 bedroom units and 42
boat slips for a value of $13-$15 million.
Town
Manager Johnson stated that with the removal of equipment
there had been some blowing debris and that in the future
silt fencing will be constructed to alleviate the blowing
debris. Town Manager Johnson stated that the sidewalks
are being resurfaced on Water Street and following the
construction the street will be widened and repaved.
Mr.
Holz questioned if the buildings were in height compliance
and any variances would be needed. Town Manager Johnson
stated that the buildings were within the town’s
ordinances and there would be no need for variances, etc.
Mr. Holz asked how the buildings met the height compliance.
Town manager Johnson stated that a truss adjustment was
made in order to meet the height limitations. Mr. Holz
asked if any architectural ideas could be received by
the public. Mr. Holz explained that Allison Platt’s
plan suggested that the area had a Victorian style. Mr.
Lassiter showed the Mayor and Council a copy of the architect’s
rendition drawing which showed the buildings very similar
to that which Mr. Lassiter submitted. Mr. Holz asked what
was the largest boat which could be moored at the boat
slips. Mr. Lassiter stated a 30’ boat and who would
use the boat slips. Mr. Lassiter stated that the boat
slips would be offered to the condominium owners to purchase.
Mr.
Walt Allen, a member of the planning board, stated that
all requests of the planning board have been met in the
site plan submitted to the Council.
Town
Manager Johnson stated that architectural standards were
not included in the planning and zoning ordinance at this
time but will be something for the planning board to consider
amending in the future.
Mr.
Jules Purvis asked what were the town’s obligations
(incentives) for this project. Town Manager Johnson stated
that the developer had a 2 year option on the former Belhaven
Fish & Oyster property; the town was to fund up to
$54,000 for the demolition and site remediation of the
former Sea Safari property and that the water and sewer
tap fees and permit fees had been waived for the construction
of the development Day Beacon #9.
Approval of Day Beacon #9 – Site Plan
There being no further comments from the Council or public.
Councilman Hodges made the motion to approve the site
plan for Day Beacon #9 as submitted to the Council. Councilwoman
Heath seconded the motion which carried unanimously, 4
to 0.
Mayor’s
Announcements
Mayor Boyette announced the following:
1) February 7, 2005 – 6:30 P.M. joint meeting of
the Celebrations Committee, Chamber and Merchants Association
in the Council Chambers at Town Hall to start planning
for upcoming events;
2) February 24, 2005 Congressman Jones will be speaking
publicly at the Civic Center at 11 A.M. and then at a
luncheon meeting at the Wilkinson Center with the Beaufort
County Committee of 100 – public also invited but
will need to make reservation for lunch as meals will
be $10.00 each and
3) Mayor’s Association Meeting on Thursday, January
27 at 6:30 P.M. at the Olde Town County Kitchen in Bath.
Town
Manager’s Comments
Town Manager Johnson reported briefly on the following:
December 2004 monthly reports included in packets; working
on pre-application for Police/Emergency complex building
with an estimated cost of $1.8 million with maybe grant
funds available for $100,000.
Citizens
Comments
Mr. Walt Allen questioned the status of additional elevation
funds. Town Manager Johnson stated there were no funds
at this point. Ellen Allen questioned what recourse could
be used on homes that were elevated and never completed
by the homeowner or not lived in. Mayor Boyette referred
Mrs. Allen to notify the Code Enforcement Officer, Mr.
Marty Overholt of her concerns.
Adjournment
There being no further business, Councilman Hodges made
the motion to adjourn. Councilwoman Heath seconded the
motion which carried unanimously, 4 to 0. The meeting
adjourned at 8:40 P.M
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