Farmers Market Lease, MetroNet Agreement Among Items on BOA Meeting Agenda — May 24, 2022

New Bern Board of Aldermen -- April 26 2022
New Bern Board of Aldermen — April 26 2022

The Tuesday, May 24th 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 Kinsey. Pledge of Allegiance.

2. Roll Call.

Consent Agenda

3. Consider Adopting a Resolution Calling for a Public Hearing to Rezone 3601 Neuse Boulevard.

(Ward 4) Boa Nguyen has requested to rezone a 0.76-acre parcel located at 3601 Neuse Boulevard from C-4 neighborhood business district and R-6 residential district to C-3 commercial district. The Planning and Zoning Board unanimously approved this request at their May 3, 2022 meeting. It is requested a public hearing be scheduled for June 14, 2022 to receive comments and consider this request. A memo from Matt Schelly, Interim Director of Development Services, is attached.

4. Consider Adopting a Resolution Calling for a Public Hearing to Initially Zone 3412 Old Airport Road.

After receiving a petition for annexation, the Board adopted an ordinance on April 27, 2021 to annex 3412 Old Airport Road. The initial zoning for the property needs to be established. Staff and the property owner are requesting the property be zoned R- 8 residential, which is consistent with the character of adjacent land uses and zoning classifications. It is requested a public hearing be scheduled for June 14, 2022 to receive comments and consider this request. A memo from Mr. Schelly is attached.

5. Consider Adopting a Resolution Calling for a Public Hearing to Initially Zone 3436 Old Airport Road.

After receiving a petition for annexation, the Board adopted an ordinance on February 22, 2022 to annex 3436 Old Airport Road. The initial zoning for the property needs to be established. Staff and the property owner are requesting the property be zoned R-8 residential, which is consistent with the character of adjacent land uses and zoning classifications. It is requested a public hearing be scheduled for June 14, 2022 to receive comments and consider this request. A memo from Mr. Schelly is attached.

6. Consider Adopting a Resolution to Close Specific Streets for Colie Creation’s My Pants Baby Fashion Show.

(Ward 1) Colie Creations, Inc. has requested to close the 300 block of South Front Street on July 30, 2022 from 7:30 a.m. until 12 p.m. for a “My Pants Baby Fashion Show,” an event to raise money for and bring visibility to the organization and the bookstore Next Chapter Books. A rain date of July 31, 2022 is sought. A memo from Kari Warren, Interim Director of Parks and Recreation, is attached.

7. Approve Minutes.

Closed session minutes from February 8, 2022, February 22, 2022, March 12, 2022, and April 12, 2022, and regular minutes from the May 10, 2022 meeting will be provided for review and approval.

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8. Presentation by the American Flood Coalition.

Tony McEwen, the Carolinas Director for the American Flood Coalition, will be in attendance to provide information on the Coalition. New Bern has been an activate participant in the Eastern NC Recovery and Resilience Alliance, which was formed after Hurricane Florence. The alliance has partnered with the coalition, which is a nonpartisan group of political, military, business, and local leaders seeking to advance solutions that support flood-affected communities.

9. Presentation by Redevelopment Commission.

On behalf of the Redevelopment Commission, Tabari Wallace, Kip Peregoy, and Julian Tripp will make a presentation on the needs of the Health and Wellness Committee and the proposed use of the McCotter House. The Governing Board previously allocated $250,000 in ARP funds for this project. Members of the Commission will share information on a new plan that seeks an additional allocation of $100,000. Attached is a memo from Mr. Schelly.

10. Conduct a Public Hearing on the Proposed Budget for Fiscal Year 2022-2023.

At the May 10, 2022 meeting, the City Manager presented the proposed budget for Fiscal Year 2022-2023, and the Board adopted a resolution calling for a public hearing on this date to receive comments. This hearing was also advertised as required by statute.

11. Conduct a Public Hearing and Consider Adopting an Ordinance to Annex a Portion of Tax Parcel ID 8-209-25001.

(Ward 4) As an authorized representative for Weyerhaeuser NR Company, Cliff Parson requested a 9.25-acre portion of 5001 Clock Road, also identified as Tax Parcel ID 8-209-25001, be annexed by the City. The property is the proposed future site for Thales Academy. After conducting a public hearing, the Board is asked to consider the adoption of an ordinance to annex the property. A memo from Brenda
Blanco, City Clerk, is attached along with a map of the subject property.

12. Consider Adopting a Resolution Approving a Lease Agreement with the New Bern/ Craven County Area Farmers’ Market, Inc.

(Ward 1) The current lease with the Farmers’ Market will expire on June 30, 2022. A new five-year lease is proposed effective July 1, 2022 through June 30, 2027 at a rate of $500 per month. The Farmers’ Market is responsible for repair and maintenance of the structure and is required to provide hazard, wind and hail, and public liability insurance. These terms have been reviewed and approved by the Farmers’ Market.

13. Consider Adopting a Resolution Authorizing the City Manager to Execute an Amended Agreement with Metro Fibernet, LLC.

In April 2021, the City entered into an agreement with Metro Fibernet (“MetroNet”) to provide voice, video, and internet fiber services to residents and businesses in the New Bern market. Eddie Massengale, Director of Business Development with MetroNet, will be in attendance to discuss a need to amend the agreement. Due to increased costs, the company can no longer offer Fiber IPTV services to residential and business consumers at affordable rates. The amended agreement removes the provision to provide these services.

14. Consider Adopting a Resolution Extending the Agreement with Waste Industries, LLC d/b/a GFL Environmental, LLC for Commercial Services.

The existing 5-year agreement with Waste Industries for commercial pickup and dumpster service will expire on June 30, 2022. Considering the current market for these services, scarcity of qualified and capable providers, plus uncertain economic factors, staff is proposing the current agreement be extended for a term not to exceed five years. For the most part, the terms of the original contract remain in place. However, the cost of dumpster service will increase by 4.8%. A memo from Al Cablay, Director of Public Works, is attached.

15. Consider Adopting a Resolution Extending the Agreement with Waste Industries, LLC d/b/a GFL Environmental, LLC for Residential Services.

Like the previous item, the existing 5-year agreement with Waste Industries for residential refuse service will expire on June 30, 2022. Again, instead of issuing a Request for Proposal, staff is recommending the contract be extended for another five years. Under the extension, the cost of residential trash service will increase by 3%. A memo from Mr. Cablay is attached.

16. Consider Adopting a Resolution Initiating the Upset Bid Process for 604 B Street (PID 8-005-015).

(Ward 1) Charles Diggs and Cecilia DiCarlo made an offer to purchase 604 B Street for $2,000. The 0.19-acre vacant parcel was acquired by the City in 2002 and has a tax value of $3,900. The bidders have spoken with staff in Development Services about their plans for the property and have expressed a desire to pursue the process. While the property is owned solely by the City, proceeds will be split equally with the County to satisfy a provision in the conveyance for outstanding, unpaid property taxes due to Craven County. If the property is sold for the initial bid, the projected proceeds to the City and County are $900 each. The City will also receive reimbursement of the advertising cost. A memo from Brenda Blanco, City Clerk, is attached along with pictures of the property.

17. Consider Adopting a Resolution to Initiate the Upset Bid Process for 210 Duffy Street.

(Ward 5) Norn Chan has submitted an offer to purchase 210 Duffy Street for $4,500. The 0.17-acre vacant parcel has a tax value of $9,000 and was acquired by the City and County in 2016 through tax foreclosure. Taxes, interest, penalties, fees and costs due to the County at that time were $1,723.90 and $190.31 to the City. If the property is sold for the initial bid, it is estimated the County will receive $3,236.14 and the City will receive $1,263.86 from the proceeds. The bidder owns the adjacent property at 208 Duffy Street and desires to expand his greenspace. A memo from Ms. Blanco is attached along with pictures of the property.

18. Consider Adopting a Resolution to Initiate the Upset Bid Process for 2200 Grace Avenue.

(Ward 2) Kenny Muse made an offer to purchase 2200 Grace Avenue for $10,600. The 0.22-acre vacant parcel has a tax value of $20,000 and was donated to the City in 1992. The bidder has spoken with staff in Development Services about his plans for the property and has expressed a desire to pursue the process. A memo from Ms. Blanco is attached along with pictures of the property.

19. Consider Adopting a Resolution to Initiate the Upset Bid Process for 2101 Woodland Avenue ( PID 8-026-053).

(Ward 2) Kenny Muse submitted an offer to purchase 2101 Woodland Avenue for $10,500. The vacant 0.25-acre parcel has a tax value of $20,000 and was acquired from the NC State Highway Commission (now NCDOT) in 1960. The triangular-shaped parcel was created by the relocation of Highway 17. The bidder has spoken with staff in Development Services about his plans for the property and has expressed a desire to pursue the process. A memo from Ms. Blanco is attached along with pictures of the property.

20. Consider Adopting a Resolution to Initiate the Upset Bid Process for 1703 Wilmington Street.

(Ward 1) Ashley Boyd submitted an offer to purchase 1703 Wilmington Street for $3,000. The vacant 0.09-acre parcel has a tax value of $6,000 and was acquired by the City in 2008. The bidder owns the adjacent property at 1705 Wilmington Street and is seeking to expand her greenspace. A memo from Ms. Blanco is attached along with pictures of the property.

21. Consider Adopting a Resolution to Initiate the Upset Bid Process for 2302 McKinley Avenue.

(Ward 2) Davis McKinley Properties, LLC submitted an offer to purchase 2302 McKinley Avenue for $3,040. The vacant 0.23-acre parcel has a tax value of $6,080 and was acquired by the City and County in 2013 through tax foreclosure. The taxes, interest, penalties, fees and costs due at that time were $2,619.18 to Craven County and $517.02 to the City. If the property is sold for the initial bid, it is estimated the County will receive $1,954.37 and the City will receive $1,085.63 from the proceeds. The bidder has no immediate plans for the property. A memo from Ms. Blanco is attached along with pictures of the property.

22. Consider Adopting a Resolution Accepting American Rescue Plan Earmark Funds from NC Department of Environmental Quality.

As previously announced, the City was appropriated $75,000 in American Rescue Plan Funding from the NC Department of Environmental Quality. The funding will be used for study and analysis of frequently flooded areas in New Bern. To formally accept the grant, the City must adopt a resolution authorizing the City Manager to execute an Offer and Acceptance form. A memo from Mr. Cablay is attached.

23. Consider Adopting an Ordinance to Establish the Stormwater Study and Analysis Project Fund.

In relation to the previous item, this ordinance will establish the Stormwater Study and Analysis Project Fund. The project will involve the investigative hydrologic study of frequently flooded areas within the City, analysis of stormwater control measures, and an engineering concept plan. A memo from Kim Ostrom, Director of Finance, is attached.

24. Consider Adopting a Budget Ordinance Amendment for FY2021- 22.

This budget amendment will recognize an award from the Internet Crimes Against Children (“ICAC”) Grant in the amount of $70,902. The funding will be used to purchase GrayKey, a device that can unlock cellular and mobile devices to access critical digital evidence for use in prosecution. It also recognizes $5,000 in grant funds from Walmart that will be divided equally among the Police and Fire Departments. Police will utilize their $2,500 for National Night Out and the New Bern Noble Knights Chess Club, and Fire will replenish its supply of smoke detectors. Neither the ICAC nor the Walmart grant require matching funds. A memo from Mrs. Ostrom is attached.

25. Discussion of American Rescue Plan Funds.

With more than $4 million in American Rescue Plan (“ARP”) funds still available for designation, a PowerPoint will be shared to review potential projects identified by staff and those requested by Governing Board members.

26. Appointment(s).

27. Attorney’s Report.

28. City Manager’s Report.

29. New Business.

30. Closed Session.

31. 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