Noise Ordinance, Lawson Creek Marshwalk, Among Items on Board of Aldermen Meeting Agenda — April 26, 2022

Photo of New Bern Board of Aldermen Meeting taken on March 22 2022
New Bern Board of Aldermen Meeting – March 22, 2022 (photo by Wendy Card)

The Tuesday, April 26th 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 Alderman Aster. Pledge of Allegiance.

2. Roll Call.

Consent Agenda

3. Consider Approving a Proclamation for National Drinking Water Week.

Jordan Hughes, City Engineer, has requested a proclamation promoting the importance of drinking water and recognizing the first full week in May as National Drinking Water Week.

4. Consider Adopting a Resolution Calling for a Public Hearing to Rezone 1301 S. Glenburnie Road.

(Ward 4) Quality Oil Company, LLC has requested to rezone a 0.95-acre parcel from C-4 neighborhood business district to C-3 commercial district. The property is located at 1301 S. Glenburnie Road. The Planning and Zoning Board unanimously approved this request at their April 5, 2022 meeting. It is requested a public hearing be called for May 10, 2022 to consider this request. A memo from Matthew Schelly, Interim Director of Development Services, is attached.

5. Approve Minutes.

Draft minutes from the April 12, 2022 (recessed to April 13, 2022) meeting are provided for review and approval.

6. Consider Adopting a Resolution Authorizing the City Manager to Execute an Agreement with Draper Aden and Associates for Engineering Services for Phase 3 of the Category D Hurricane Florence Drainage System Project.

(All Wards) The City received responses to a Request for Qualifications for engineering services associated with the Hurricane Florence FEMA project related to the City’ s drainage system. Six responses were received, and Draper Aden and Associates was selected as the most qualified firm. Their services will provide for the completion of the design work related to Category D projects within the Brices Creek, Jack Smith Creek, Jimmies Creek, North Glenburnie, Riverfront, Rennys Creek, Trent River, and Wilson Creek basins. A memo from Al Cablay, Director of Public Works, is attached.

7. Consider Adopting a Resolution Authorizing the Execution of a Conservation Easement with the State of North Carolina Land and Water Fund for Tax Parcel ID 8-244-021 Adjacent to Martin Marietta Park.

(Ward 5) During the planning stage of Martin Marietta Park, a conservation easement was identified that limited recreational activity on the park’ s bodies of water. The City began working with the NC Clean Water Management Trust Fund in 2018 to ease those restrictions. The State proposed a conservation easement on an adjacent 8.2-acre parcel to offset the existing easement at the park, and the Board approved this request on July 24, 2018. The proposed resolution will approve a new conservation easement for the adjacent parcel, which is identified as Tax Parcel ID 8-244-021. A map of the area is provided for reference.

8.  Consider Adopting an Ordinance to Amend Article III ” Noise” of Chapter 26 Environment.”

The Police Department has received several calls to address loud noise from street performers who use amplified speakers to project music on public property. Although the current ordinance contains language that prohibits noise above a certain decibel level, the characteristics of a business and an open-air performer are different. Amplified noise within a business is muffled and does not generally create the same adverse impact. Additionally, the city does engage in permitted events throughout the year that are negatively impacted by competing street performers who use amplified speakers. The requested ordinance change does not impact a person’ s freedom to engage in busking activities if they do not utilize speakers to amplify their instruments. A memo from Police Chief Patrick Gallagher is attached.

9. Consider Adopting a Budget Ordinance Amendment for FY21-22.

A budget amendment is needed to recognize $110,809 in grant funds for the Lawson Creek Marshwalk Phase II project. The full project cost was $147,746 and requires a 25% match of $36,937. Additional grant funds of $23,112 are recognized from the Edward Byrne Memorial Justice Assistance Grant and 15,000 from the Firehouse Subs Public Safety Foundation. Neither of these two grants require a match. The amendment will also transfer $29,000 from fund balance to the City Hall Elevator Project. This will cover the difference between the $3,929,000 project cost and the amount financed of $3,900,000. A memo from Kimberly Ostrom, Director of Finance, is attached.

10. Consider Adopting an Ordinance to Establish the Northwest Interceptor Rehabilitation Phase II Project Fund.

The NC General Assembly allocated funding for various drinking water, wastewater, and stormwater projects throughout the State. The City of New Bern was appropriated $230,000 for drinking water and wastewater infrastructure projects. This ordinance will establish the Northwest Interceptor Rehabilitation Phase II Project Fund and initially fund the project with this appropriation. Once construction bids are received and the total project cost is known, a transfer will be made from the Sewer Fund’ s fund balance for the remainder of the cost. A memo from Mrs. Ostrom is attached.

11. Appointments.

12. Attorney’s Report.

13. City Manager’s Report.

14. New Business.

15. Closed Session.

16. Adjourn.

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