The June 14, 2022 Board of Aldermen meeting was held 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 Pro Tem Jameesha Harris. Prayer by Alderman Best. Pledge of Allegiance.
2. Roll Call. Mayor Pro Tem Harris, Aldermen Robert “Bobby” Aster, Sabrina Bengel, Barbara Best, Jameesha Harris, Johnnie Ray Kinsey, and Jeffrey Odham. Absent: Mayor Dana Outlaw. Also Present: Foster Hughes, City Manager; Marvin Williams, Asst. City Manager; Jaimee Bullock-Mosley, Asst. City Attorney; and Brenda Blanco, City Clerk.
3. Request and Petition of Citizens.
Rebecca Tindell:
– Contacted the National Park Service inquiring about putting protections on Union Point Park.
– Glad to hear there will be cameras being installed at city hall for everyone’s safety. There shouldn’t be any intimidation from inside or outside city hall whether you’re on the board or a citizen addressing the board.
– Asked the board to do your research so you can make educated decisions when you vote on matters that come before you. If someone has taken their time to address the board, you should be willing to listen to them.
Edwin Vargas
– Address the increase in the homeless population in New Bern and Craven County. He said, “There are people sleeping in vans…in the cemetery…behind the old Harris Teeter…” Religious Community Services (RCS) only has room for 12 people. There’s money for through HUD to fund a homeless shelter. All the city has to do is put a package together before November of a fiscal year. RCS is doing a great job and people are donating money, but the population is growing. He said, “I’ve already given this information to the city manager.” Perhaps the city can “donate a piece of property because HUD is monies to towns all over North Carolina for homeless people.”
Alderman Best thanked Mr. Vargas for “sending that information to the board.” She had looked at the website and was “really surprised at the cities within North Carolina that has actually applied for this money and got this money for the homeless” – millions of dollars.
Vargas responded, I don’t want a homeless shelter to be 24 beds, but it’d be a great idea not only for a homeless shelter, but for the American Red Cross to have a disaster center.
Mr. Hughes, I don’t know if you’ve already taken some steps to start some collaboration with RCS or New Bern Housing Authority, or even Craven County? “I talked about this since June 24, 2020 and I didn’t see not one alderman or mayor do anything about this…and it’s sad.”
Debra Wynn
– The New Bern Grand Marina (NBGM) nor the Galley Stores and Marina will allow boaters to operate commercial boating businesses. She ran an Airbnb out of her boat at the NBGM and then she was told she couldn’t do that anymore.
– She said Alderman Bengel has had, “great with advice and help.” I’m looking for some kind of assistance perhaps from the city to try to work with the marinas to find out why do they won’t allow commercial charter business in their marina? She’s talking about small boat day trips (not fishing trips). She said that she’s been “having trouble getting communication going with the marinas owners to get me a straight answer as to why we can’t run these businesses.”
– She was informed today that “possibly my marina will allow one area in a corner of our marina that maybe we can pick passengers up there.”
Harris said, “I believe it will happen. We’re gonna take what you said and get together with Alderman Bengel and Foster…and see if we can’t figure out something or find a partnership within so that you have an access to be able to utilize your boat in the commercial capacity.”
Wynn asked if she could get the approval to drop off and pick up people at Union Point Park and Harris said, “Absolutely. It will be discussed, and Alderman Bengel will get back to you.”
Noteworthy:
– The Mayor Pro Tem asked citizens to state their address which violates the First Amendment.
Consent Agenda
- 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 update 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 held a special meeting on June 17 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.
- Consider Adopting a Resolution Calling for a Public Hearing to Annex 434 Riverside Drive.
Stephen and Phyllis Epperson 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.
- Consider Adopting a Resolution Calling for a Public Hearing on 2022 CDBG Annual Action Plan.
HUD requires Entitlement Cities to submit annual Action Plan detailing the intended use of CDBG funding. New Bern’s allocation for program year 2022 is 29,786. 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.
- 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.
- Consider Adopting a Resolution Closing Streets for Duffest and Juneteenth of New Bern.
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.
- 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 4 fireworks.
Decision: Voted 6 – 0 to Adopt the Consent Agenda
- Approve Minutes. Draft minutes from the May 24, 2022 regular meeting are provided for review and approval.
- Conduct a Public Hearing and Consider Adopting of Ordinance to Rezone 3601 Neuse Boulevard.
Interim Director of Developmental Services Matt Schelly made the presentation to the Board. Meeting was opened up for a Public Hearing. Debra Wynn said, “Listening to what they’re proposing to do a storage space. I think we badly need storage spaces. So, I would like to encourage you to figure out something so that they can build it. Public hearing closed.
Decision: Voted 6 – 1 to Adopt the Statement of Zoning Consistency and 6 – 1 to Adopt the Ordinance — Bengel voted no ((Although absent, Outlaw affirmative vote recorded)
12. Conduct a Hearing and Consider Adopting an Ordinance to Initially Zone 3412 Old Airport Road.
Matt Schelly made the presentation to the Board. Meeting was opened up for a Public Hearing and closed seconds later.
Decisions: Voted 7 – 0 to the Statement of Zoning Consistency and 6 – 0 to Adopt a Adopt the Ordinance
- Conduct a Hearing and Consider Adopting an Ordinance to Initially Zone 3436 Old Airport Road.
Matt Schelly made the presentation to the Board. Meeting was opened up for a Public Hearing and closed seconds later.
Decisions: Voted 7 – 0 to the Statement of Zoning Consistency and 6 – 0 to Adopt a Adopt the Ordinance
- Conduct a Hearing and Consider Adopting an Ordinance to Initially Zone 2502 Neuse Boulevard.
Matt Schelly made the presentation to the Board. Meeting was opened up for a Public Hearing and closed seconds later.
Decisions: Voted 7 – 0 to the Statement of Zoning Consistency and 6 – 0 to Adopt a Adopt the Ordinance
- Consider Adopting a Resolution to Initiate the Upset Bid Process for 2410 Georgia Avenue.
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.
Decision: Voted 7 – 0 to Adopt the Resolution
- Consider Adopting a Resolution to Initiate the Upset Bid Process for 801 Chattawka Lane.
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.
Decision: Voted 7 – 0 to Adopt the Resolution
- Consider Adopting a Resolution Approving a Memorandum of Understanding / Membership Agreement with Triangle J Council of Governments for Clean Water Education Partnership Services.
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.
Decision: Voted 7 – 0 to Adopt the Resolution
- 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 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. Police Chief Patrick Gallagher made the presentation and thanked the previous administration under Former Police Chief Toussaint Summers for initiating the program.
Decision: Voted 7 – 0 to Adopt the Resolution
- Consider Adopting a Resolution Approving a Water and Sewer Use Agreement for 4114 Dr. Martin Luther King Jr., Boulevard.
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. City Engineer Jordan Hughes made the presentation.
Decision: Voted 7 – 0 to Adopt the Resolution
- 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.
Decision: Voted 7 – 0 to Adopt the Resolution
- 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. 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.
Decision: Voted 7 – 0 to Adopt the Resolution
- 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%.
Decision: Voted 7 – 0 to Adopt the Resolution
- 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. Director of Finance Kim Ostrom made the presentation.
Decision: Voted 7 – 0 to Adopt the Ordinance
- 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.
Decision: Voted 7 – 0 to Adopt the Ordinance
- 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. Director of Utilities Charlie Bauschard made the presentation.
Decision: Voted 7 – 0 to Adopt the Ordinance (Best left room, affirmative vote recorded)
- 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.
Decision: Voted 7 – 0 to Adopt the Ordinance
- Appointment(s).
– Alderman Bengel 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.
– Alderman Aster asked to consider reappointing Jim Bisbee to the Historic Preservation Commission for three years as his term will expire on June 30, 2022.
– Alderman Best read a letter from Kyle Dearing and requested to appoint him to the Planning and Zoning Board.
- Attorney’s Report. Nothing to report.
- City Manager’s Report.
– Mayor Outlaw is attending a Summit on flooding and sea level rise with the American Flood Coalition in Washington, D.C.
– We received the final ARP fund payment this week totaling approximately $6.7 million. “We’ll start looking at establishing project funds for some of the projects that the aldermen had indicated that they wanted to see in their wards.
– The Architect CPL will be onsite to give some information and we’ll have an opportunity to ask questions at that time as well.
- New Business.
Alderman Odham
– Asked the City Manager and City Attorney for advice related to the owner of dilapidated single-wide trailer. He said, “The cost to repair the trailer, exceeded the cost of purchasing a new one and he was told about development services based off our ordinance that once the trailer is removed a new one, can’t be put in place…it seemed a little off that they could’ve spent twice as much to renovate the one that was there versus putting a new one.”
– Met with Alderman elect, Bob Brinson to look at projects for Ward six with the ARP funds. He said that he would send the list to the City Manager and copy Brinson.
Alderman Best
– Asked the City Manager to give her an update on the Pleasant Hill Community Center. He responded that they probably have 6 – 8 weeks left until the project is complete.
Alderman Bengel
– Asked the City Manager if there was a policy for flying drones within the city. He replied, they’re not regulated by the city. The FAA governs flying of drones. He said we can certainly set up a policy.
– Thanked residents of Sunnyside for cleaning up the neighborhood.
– In response to Edwin Vargas’ comments during the Petition of Citizens, she asked Chief Gallagher to address homelessness. He said the NBPD and stakeholders have formed a homeless outreach work group to look at transportation, serving those with special needs to include counseling, substance abuse, mental health, unemployment, etc. As far as citizens in places that are open to the public like cemeteries and parks, they have the right to occupy public space. But those spaces close at dark and if they remain in the spaces after dark, they are trespassing. The police will give initial warnings and if people consistently violate that, they will take further action. The reality is we’re not going to fix homelessness, but what we can do is provide the best services possible with the resources that are here.
Mayor Pro Tem Harris
– Encouraged people to celebrate Juneteenth week and listed a lot of the activities.
- Closed Session.
- Adjourn.
The agenda, packet, and minutes are published on the City of New Bern’s website here.
Let us know if you have any comments or questions by sending an email.
By Wendy Card, Editor-in-Chief