The Tuesday, March 22nd meeting will be held at 6:00 p.m. in the Courtroom at City Hall located at 300 Pollock St. You can also watch live on the City of New Bern’s Facebook page or watch later on City 3 TV.
1. Meeting opened by Mayor Dana E. Outlaw. Prayer Coordinated by Alderwoman Harris. Pledge of Allegiance.
2. Roll Call.
3. Consider Adopting a Resolution Closing Specific Streets for the Sudan Shriners’ Parade.
(Ward 1) On behalf of the Sudan Shriners, Sharon Evans has requested the 400-800 blocks of George Street, 400-600 blocks of Broad Street, and the 200-300 blocks of Middle Street be closed to vehicular traffic on May 21, 2022 from 10 a.m. until 2 p.m. for the Shriner’s Spring Ceremonial Parade. It was also requested that the south side (eastbound lane) of Broad Street be closed to parking form 12 a.m. until the conclusion of the parade. In the event of inclement weather, the parade will not be rescheduled. A memo from Kari Warren, Interim Director of Parks and Recreation, is attached along with a copy of the event application and map of the parade route.
4. Consider Adopting a Resolution Closing Specific Streets for the Operation of Downtown Street Cafes.
(Ward 1) Lynne Harakal, Executive Director of Swiss Bear, has requested portions of downtown streets be closed on various Fridays, Saturdays, and Sundays, from April through December to allow for the operation of street cafes and family entertainment. The streets to be closed are the 200-300 blocks of Middle Street, 300 block of Pollock Street, and 200 block of Craven Street from the point of Morgan’s Tavern and Grill to Pollock Street. Most of the closures will be from 5:00 p. m. until 10:30 p.m., but there are some dates with other specified times as noted in the resolution. A memo from Mrs. Warren is attached along with the event application and a map of the closures.
5. Consider Adopting a Resolution to Call for a Public Hearing on Financing the City Hall Elevator Project.
(Ward 1) With bids coming in substantially more than the anticipated project cost, direction was sought from the Board at its March 08, 2022 meeting on how to proceed with the City Hall elevator project. The Board authorized staff to obtain formal financing quotes and move forward with the project. Because the project involves improvements to real property, the borrowing must be approved by the Local Government Commission (“LGC”), and a public hearing is required pursuant to NCGS §160A-20. It is requested a public hearing be called for April 12, 2022. A memo from Kimberly Ostrom, Director of Finance, is attached.
6. Approve Minutes.
Minutes from the March 08, 2022 meeting are provided for review and approval.
7. Presentation on Ethics.
Members of the Board recently expressed a desire for additional information on ethics for local government officials. Tom Carruthers, Senior Assistant General Counsel with the NC League of Municipalities, will review the laws governing ethics for elected officials and will answer any questions from the Board.
8. Presentation on an Affirmative Action Plan by the New Bern People’ s Assembly.
On behalf of the New Bern People’s Assembly, Kurtis Stewart and Bailey Evans will make a presentation on the group’s request for an Affirmative Action Plan to include the addition of a Director of Diversity, Equity, and Inclusion.
9. Conduct a Public Hearing and Consider Adopting an Ordinance Amending Section 15-80 — Endorsements on Major Subdivision Plats of the Land Use Ordinance.
In accordance with NCGS §47-30, it is recommended Section 15-80 of the City’s Land Use Ordinance for “Endorsements on Major Subdivision Plats” be amended to alter the certificate of survey and accuracy. The Planning and Zoning Board unanimously voted in favor of the amendment at their February 1 , 2022 meeting. After conducting a public hearing, the Board is asked to consider the ordinance amendment. A memo from Matt Schelly, Interim Director of Development Services, is attached.
10. Conduct a Public Hearing and Consider Adopting a Resolution Approving the Resiliency Plan.
Staff worked with consultants to develop a multiphase, long-term Resiliency Plan that will allow the City, residents, and businesses to be better prepared for and able to respond to situations arising from extreme storms. The draft plan has been made available to the public on the City’s website. After conducting a public hearing, it is requested the Board consider adopting the plan. A memo from Mr. Schelly is attached.
11. Consider Adopting a Resolution Approving a General Warranty Deed between Habitat for Humanity of Craven County NC, Christine Cox, and the City of New Bern for 1904 Wake Street.
(Ward 2) On September 24, 2019, the City approved the conveyance of 1904 Wake Street to Habitat for Humanity for the purpose of developing affordable housing for low and moderate-income families. Habitat has subsequently constructed a home on the property and intends to transfer the home to a buyer. By executing a deed to transfer ownership to the buyer, the City will release any rights retained under a Transfer and Reversion Agreement between the City and Habitat. A memo from Jaimee Bullock-Mosley, Assistant City Attorney, is attached.
12. Consider Adopting an Amendment to the Capital Project Ordinance to Rename the City Hall Annex Building Project Fund as the City Hall Elevator Project Fund.
(Ward 1) On May 2, 2019, an ordinance was adopted to establish a capital project fund for the design and construction of an elevator at City Hall. With anticipation that the project would be expanded to include an annex for City Hall, the ordinance was amended on April 28, 2020 to rename the project as the City Hall Annex Building Project Fund. Since that time, the Board has decided to pursue only the construction of an elevator and relocation of restrooms. Therefore, it is desirable to rename the project to reflect the work to be undertaken. A memo from Mrs. Ostrom is attached.
13. Consider Adopting a Resolution Authorizing the Filing of an Application with the Local Government Commission for the City Hall Elevator Project.
(Ward 1) The City will utilize proceeds from debt financing to fund the addition of an elevator at City Hall. Because the debt involves improvements to real property, approval is required from the LGC. The proposed resolution authorizes the filing of an application with the LGC, and it is anticipated the application will be considered at the LGC’s May 3, 2022 meeting. A memo from Mrs. Ostrom is attached.
14. Consider Adopting a Resolution Approving a Declaration of Intent to Reimburse the City Hall Elevator Project.
(Ward 1) This item relates to the previous item for the City Hall Elevator project. As required by IRS regulations, a declaration of intent to reimburse needs to be adopted prior to or within 60 days of payment of expenditures that will be reimbursed through financing proceeds. A memo from Mrs. Ostrom is attached.
15. Consider Adopting a Resolution Authorizing the City Manager to Execute a Contract with Daniels & Daniels Construction Company, Inc. for the City Hall Elevator Project.
(Ward 1) Bids for the City Hall elevator project were received on February 24, 2022, and the bid results were presented to the Board at its March 08, 2022 meeting. After discussing the bids, the Board directed staff to proceed with the project. The proposed resolution authorizes the City Manager to execute a contract with the lowest bidder, Daniels & Daniels Construction Company, for $3,929,000 and any change orders within the budgeted amount.
16. Consider Adopting a Resolution Approving a Grant Agreement with the NC Land and Water Fund for an Innovative Stormwater Project.
In 2021, the City was awarded an innovative stormwater grant in the amount of 100,000 from the NC Land and Water Fund. The funds will be used for the Duffyfield Stormwater Enhancement Project. On January 12, 2021, the Board was notified of the award and authorized the City Manager to execute a grant agreement, which has not yet been carried out and has resulted in a minor revision to the contract. The original contact has been modified to change the construction contract date from September 16, 2020 to June 30, 2022. Since there is a change in the contract, reapproval is needed for the City Manager to sign the latest version of the grant contract. A memo from Mr. Schelly is attached.
17. Consider Adopting a Resolution Approving a Grant Agreement with the NC Land and Water Fund for Restoration of Degraded Streams.
The City has been awarded a grant in the amount of $150,000 from the NC Land and Water Fund for restoration of degraded streams. The funds will be used to develop draft construction plans and secure permits for a potential wetland and floodplain restoration project for Jack Smith Creek. A memo from Mr. Schelly is attached.
18. Consider Adopting an Ordinance to Amend the Drainage Improvements Project Fund.
The Drainage Improvements Project Fund will be amended to recognize the 150,000 grant award from NCLWF, as detailed in the previous item. A memo from Mrs. Ostrom is attached.
19. Consider Adopting a Resolution Approving a Program Income Policy for Expenditures Related to the American Rescue Plan Act and Coronavirus State and Local Fiscal Recovery Funds.
Local governments receiving American Rescue Plan Act (“ARPA”) funds and Local Fiscal Recovery Funds (“CSLFRF”) are required to adopt a Program Income Policy. The policy indicates the City will comply with federal guidelines when spending the funds. A memo from Mrs. Ostrom is attached.
20. Consider Adopting a Resolution Approving an Allowable Costs and Cost Principles Policy for Expenditures Related to the American Rescue Plan Act and Coronavirus State and Local Fiscal Recovery Funds.
Like the previous item, local governments receiving ARPA and CSLFRF funds are also required to adopt an Allowable Costs and Cost Principles Policy. A memo from Mrs. Ostrom is attached.
21. Consider Adopting an Ordinance to Establish the Southeast Water System Improvements Project Fund.
In July 2021, a contractor caused an accidental fire while working on the Williams Road booster pump station, resulting in a complete loss of the structure. The City received $488,400 from an insurance settlement. It has been determined that rebuilding the station in its current configuration and location would not be the most beneficial option for the water system. Rather, implementing improvements to the southeast portions of the City’s water system would provide the most benefit for domestic supply and firefighting capabilities in the areas south of the Trent River. This ordinance will establish a project fund that is initially funded with the insurance proceeds. Once the total project cost is known, a transfer from the Water Fund fund balance will be requested. Memos from Jordan Hughes, City Engineer, and Mrs. Ostrom are attached.
22. Consider Adopting a Budget Ordinance Amendment for FY21- 22.
This budget ordinance will amend the General Fund by appropriating $18,584 from fund balance to Human Resources to cover temporary help services associated with the handling of COVID-related matters, the replacement of the department’s HVAC system, and document storage fees. An additional $43,538 will be appropriated from fund balance for building repairs at the Fire training grounds. Insurance proceeds in this amount were received and recorded as revenue in 2019 for damage sustained to the training grounds during Hurricane Florence. Lastly, the Employees’ Benefit Insurance Fund will be amended to appropriate $120,000 from fund balance for additional MedCost administration fees of $120,000 and worker’s compensation insurance costs of $35,000. A memo from Mrs. Ostrom is attached.
24. Attorney’s Report.
25. City Manager’s Report.
26. New Business.
27. Closed Session.
The agenda, packet, and minutes are published on the City of New Bern’s website here.
Individuals with disabilities requiring special assistance should call 639-7501 no later than 3:00 p.m. the date of the meeting.
Agenda provided by Brenda Blanco, City Clerk
Let us know if you have any comments or questions by sending an email.
Wendy Card, Editor-in-Chief