The Tuesday, June 14th 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 Best. Pledge of Allegiance.
2. Roll Call.
3. Request and Petitions of Citizens
This section of the agenda is titled Requests and Petitions of Citizens. This is an opportunity for public comment, and we thank you for coming to the Board of Aldermen meeting tonight to share your views. We value all citizen input. Speaker comments are limited to a maximum of 4 minutes during the public comment period. At the conclusion of 4 minutes, each speaker shall leave the podium. Comments will be directed to the full board, not to an individual board member or staff member.
Although the board is interested in hearing your comments, speakers should not expect any comments, action, or deliberation from the board on any issue raised during the public comment period. In the board’s discretion, it may refer issues to the appropriate city officials or staff for further investigation. If an organized group is present to speak on a common issue, please designate one person to present the group’s comment, which shall be limited to a maximum of 4 minutes.
Consent Agenda
4. Consider Adopting a Resolution Calling for a Public Hearing on the CAMA Land Use Plan Update.
The Planning and Zoning Board held a work session on March 1, 2022 to begin work on updating the land use plan. Consultants Moffatt and Nichol have been working with staff to prepare a draft of the update. The Planning and Zoning Board was presented the draft at its June 6, 2022 and will also hold a special meeting on June 17th to review and discuss the draft plan. It is requested a public hearing be called for June 28, 2022 for the Governing Board to receive comments on the plan. A memo from Matt Schelly, Interim Director of Development Services, is attached.
5. Consider Adopting a Resolution Calling for a Public Hearing to Annex 434 Riverside Drive.
(Ward 1) Stephen and Phyllis Epperson have submitted a petition to annex the property at 434 Riverside Drive in Township 2 (Bridgeton). The property is a vacant 0.29-acre residential tract. It is requested a hearing be called for June 28, 2022 to receive comments and consider this request. A memo from Brenda Blanco, City Clerk, is attached.
6. Consider Adopting a Resolution Calling for a Public Hearing on the 2022 CDBG Annual Action Plan.
HUD requires Entitlement Cities to submit an annual Action Plan detailing the intended use of CDBG funding. New Bern’s allocation for program year 2022 is $269,786. Staff received public comments on March 7, 2022. Those comments about community needs have been added to the plan, along with goals intended to address priority needs. The draft plan will be available June 24, 2022 on the City’s website, in the Office of Development Services, the City Clerk’s office, and at the New Bern-Craven County Public Library. It is requested the Board call for a public hearing on July 12, 2022 to also receive comments. A memo from D’Aja Fulmore, Community Development Block Grant Coordinator, is attached.
7. Consider Adopting a Resolution in Support of Joining the American Flood Coalition.
Tony McEwen, the Carolinas Director for the American Flood Coalition, made a presentation before the Board at its May 24, 2022 meeting. He outlined the mission of the coalition and benefits of membership. The Board voiced interest in becoming a member at no cost, and the proposed resolution signifies that intent. A memo from Ms. Blanco is attached.
8. Consider Adopting a Resolution Closing Streets for Duffest and Juneteenth of New Bern.
(Wards 1 and 2) Organizers of Duffest and Juneteenth of New Bern have requested to close the 500-600 blocks of Third Avenue from 8 a.m. until 12 noon on June 18, 2022 and the 1000-1200 blocks of Broad Street and 500-600 blocks of Roundtree Street from 8 a.m. until 6 p.m. A rain date has not been provided. A memo from Kari Warren, Interim Director of Parks and Recreation, is attached.
9. Consider Adopting a Resolution Closing a Portion of South Front Street for the July 4th Celebration.
The Department of Parks and Recreation seeks to close to vehicular traffic the portion of South Front Street by Palace Point Commons from 8:30 to 9:30 p.m. on July 4, 2022. This will accommodate spectators in that area to view the July 4th fireworks. A memo from Mrs. Warren is attached.
10. Approve Minutes.
Draft minutes from the May 24, 2022 regular meeting are provided for review and approval.
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11. Conduct a Public Hearing and Consider Adopting an Ordinance to Rezone 3601 Neuse Boulevard.
(Ward 4) Boa Nguyen, the owner of 3601 Neuse Boulevard, has requested to rezone the 0.76-parcel from C-4 neighborhood business district and R-6 residential split zoning to C-3 commercial district. The Planning and Zoning Board unanimously approved the request at its May 3, 2022 meeting. After conducting the public hearing and reviewing whether the requested zoning is more appropriate, the Board is asked to consider the proposed ordinance. A memo from Mr. Schelly is attached.
12. Conduct a Public Hearing and Consider Adopting an Ordinance to Initially Zone 3412 Old Airport Road.
(Ward 3) The initial zoning needs to be established for 3412 Old Airport Road, which was annexed into the City on April 27, 2021 upon petition of the property owner. Staff and the owner are requesting the property be zoned R-8 residential, which is consistent with the character of adjacent land uses and zoning classifications. After conducting a public hearing, the Board is asked to consider an ordinance
establishing this zoning designation. A memo from Mr. Schelly is attached.
13. Conduct a Public Hearing and Consider Adopting an Ordinance to Initially Zone 3436 Old Airport Road.
(Ward 3) 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. After conducting a public hearing, the Board is asked to consider an ordinance establishing this zoning designation. A memo from Mr. Schelly is attached.
14. Consider Adopting a Resolution Approving the Sale of 2502 New Bern Avenue.
(Ward 2) Lorenza Grist submitted a bid of $5,000 for the purchase of 2502 New Bern Avenue. The bid was advertised, but no upset bids received. The parcel is a vacant 0.107-acre parcel, and the bid represents the full tax value. If the sale is approved, after reimbursing the City for the cost of advertising, the City will receive approximately $757.54 and the County will receive approximately $4,242.46 from the proceeds. A memo from Ms. Blanco is attached.
15. Consider Adopting a Resolution to Initiate the Upset Bid Process for 2410 Georgia Avenue.
(Ward 5) Jimmy McGowan has submitted an offer of $8,000 for 2410 Georgia Avenue. The vacant 0.34-acre parcel has a tax value of $15,620, and the offer represents more than 50% of the value. The property was acquired jointly by the City and County in 2018 through tax foreclosure. The unpaid taxes due to Craven County at that time, including interest, penalties and costs, was $2,203.83. Unpaid taxes, interest and penalties due to the City was $6,685.95. A memo from Ms. Blanco is attached along with a copy of the offer to purchase, tax card, and a map and pictures of the property.
16. Consider Adopting a Resolution to Initiate the Upset Bid Process for 801 Chattawka Lane.
(Ward 2) Black Bear Real Estate has offered to purchase 801 Chattawka Lane for $12,000. The vacant 0.34-acre parcel has a tax value of $15,000, and the offer represents more than 50% of that value. The property was acquired by the City and County through tax foreclosure in 2019. It is estimated if the property is sold for the initial bid that the County will receive $3,655.21 and the City $8,344.79 from the proceeds. A memo from Ms. Blanco is attached along with a copy of the offer to purchase, tax card, and a map and pictures of the property.
17. Consider Adopting a Resolution Approving a Memorandum of Understanding/ Membership Agreement with Triangle J Council of Governments for Clean Water Education Partnership Services.
(All wards) In 2001, the City began its stormwater program to comply with state and federal requirements under the Municipal Separate Storm Sewer System program. Since the program’ s inception, the City has utilized the Clean Water Education Partnership to assist with meeting the public education and outreach requirements under the MS4 permit. The cost of this service is shared among participating local
governments and is based on population. New Bern’s cost share is currently $3,281 annually. A memo from Al Cablay, Director of Public Works, is attached.
18. Consider Adopting a Resolution Approving a Memorandum of Understanding with RHA Health Services, Inc.
The New Bern Police Department has partnered with RHA Health Services to add the mental health profession to its response protocols. Both entities can respond to persons in crisis in an attempt to divert them from the criminal justice system to the more appropriate mental health system. Through early identification and intervention, this program will hopefully minimize the need to arrest persons in crisis due to behavioral health or intellectual and development disabilities. The program is funded through RHA. A memo from Police Chief Patrick Gallagher is attached.
19. Consider Adopting a Resolution Approving a Water and Sewer Use Agreement for 4114 Dr. Martin Luther King, Jr. Boulevard.
(Ward 6) The Proximity New Bern, LLC is proposing to develop a 288-unit apartment complex at 4114 Dr. MLK Jr. Boulevard. The proposed development will include 474 bedrooms with a calculated average water and sewer demand of 72,480 gallons per day (“GPD”). To facilitate the development, a minor extension of the City’ s water distribution system and sewer collection system will be installed by the developer. Section 74-74 of the City’s ordinances provides that any development requesting more than 15,000 GPD of water and sewer capacity shall enter into a written water and sewer use agreement to outline the roles and responsibilities of both parties in establishing service. A memo from Jordan Hughes, City Engineer, is attached.
20. Consider Adopting a Resolution Approving a Sewer Use Agreement for 4721 Hwy. 70E.
Kevin Carr, owner of 4721 Highway 70E, has requested to connect to the City’s sewer system. The owner is planning to build a medical clinic on the property, which is currently outside of the city limits. The proposed commercial use will have a calculated average sewer demand of 500 gallons per day, which would require a standard sewer service connection. Section 74-74 of the City’s ordinances provides that a written sewer use agreement be entered into to outline the roles and responsibilities of both parties in establishing service. A memo from Mr. Hughes is attached.
21. Consider Adopting a Resolution Approving a NC Statewide Emergency Management Mutual Aid and Assistance Agreement —Revision 2021.
The last statewide mutual aid agreement was revised in 2021 and approved by the Governing Board on August 10, 2021. The State has requested that the agreement be updated annually. There are no changes in the agreement or the City’s designated representatives. The agreement meets FEMA’s requirements for local governments giving or receiving help in the event of a declared disaster. It also helps to speed up the process when applying for FEMA reimbursement.
22. Consider Adopting a Resolution Approving the Classification Pay Plan for Fiscal Year 2022-2023.
Annually, the Board adopts a Classification Pay Plan for the upcoming fiscal year. The Board is asked to consider a resolution approving the plan for FY23, which increases each salary range by 2.5%. A memo from Sonya Hayes, Director of Human Resources, is attached.
23. Consider Adopting an Ordinance Amending the Schedule of Fees and Charges.
As part of the budget process, the Board annually adopts an Amended Schedule of Fees and Charges to, in part, identify in one place all the fees charged by the City. The fees identified in the schedule are included in the revenue projections for Fiscal Year 2022-23 and will be effective July 1, 2022. A memo from Kim Ostrom, Director of Finance, is attached. A redlined version of the schedule is also provided to easily identify the changes.
24. Consider Adopting the Budget Ordinance for Fiscal Year 2022-23.
The City Manager presented the proposed budget to the Board on May 10, 2022. A public hearing was conducted on May 24, 2022, although no comments were received. The Board voted at that meeting to not receive a 7% increase; thus, the increase has been removed from the budget. A memo from Mrs. Ostrom is attached.
25. Consider Adopting an Ordinance to Amend and Restate the Rates for the Consumption of Electricity Applicable to Street Lighting Schedule 32-A.
The lighting products referenced in Schedule 32-A of the City’ s electric rate schedule have become obsolete and are no longer available. LED lights are now being used for both new installations and replacement of the obsolete products. The electric rate schedule needs to be amended to reflect a retail rate for the LED products. The City of New Bern is the only customer impacted by this rate. The departments of Public Utilities—Electric and Public Works have budgeted appropriately for the change in rate. A memo from Charlie Bauschard, Director of Utilities, is attached.
26. Consider Adopting an Ordinance to Amend and Restate the Rates for the Consumption of Electricity Applicable to the Introduction of Commercial/ Industrial Load Profile Data Service — Schedule LPDS.
Using the advanced metering system, staff has developed a solution to provide commercial and industrial customers a web-based portal to view, trend, and analyze their electric meter data. As a result, a meter data service is now available to those customers for a monthly fee. A rate has been established to meet the cost of this service. The service is not presently offered to residential customers. A memo from Mr. Bauschard is attached.
27. Appointment(s).
a) Mayor Outlaw is asked to consider reappointing Tripp Eure to the Historic Preservation Commission or make a new appointment to serve a three-year term. Mr. Eure’s term will expire on June 30, 2022.
b) Alderman Bengel is asked to consider reappointing Ellen Sheridan to the Historic Preservation Commission or make a new appointment to serve a three-year term. Ms. Sheridan’s term will expire on June 30, 2022.
c) Alderman Aster is asked to consider reappointing Jim Bisbee to the Historic Preservation Commission or make a new appointment to serve a three-year term. Mr. Bisbee’s term will expire on June 30, 2022.
d) Alderman Aster is asked to consider reappointing Peggy Broadway to the Historic Preservation Commission or make a new appointment to serve a three-year term. Ms. Broadway’s term will expire on June 30, 2022. This is a rotating appointment among the Mayor and Aldermen, and Alderman Aster is next in the rotation.
e) Alderman Bengel is asked to consider reappointing Travis Oakley to the Planning and Zoning Board or make a new appointment to serve a three-year term. Mr. Oakley’s term will expire on June 30, 2022.
f) Alderman Best is asked to consider reappointing Marcus Simmons to the Historic Preservation Commission or make a new appointment to serve a three-year term. Mr. Simmons’ term will expire on June 30, 2022.
g) Mayor Outlaw is asked to consider reappointing Anne Schout to the Planning and Zoning Board or make a new appointment to serve a three-year term. Mrs. Schout’s term will expire on June 30, 2022.
h) Alderwoman Harris is asked to make an appointment to the Police Civil Service Board to fill the seat held by Kevin Rock. Mr. Rock’s term will expire on June 30, 2022, and appointees to this Board are ineligible to serve consecutive terms.
28. Attorney’s Report.
29. City Manager’s Report.
30. New Business.
31. Closed Session.
32. 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