Update: Agenda was amended on August 8, 2022.
1. Meeting opened by Mayor Dana Outlaw. Prayer Coordinated by Mayor Outlaw. Pledge of Allegiance.
2. Roll Call
3. Request and Petition 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.
4. Consider Approving a Proclamation for New Bern High School’s Class of 1972 50th Reunion.
Jeanette Cooper has requested a proclamation for the upcoming 50th reunion of the New Bern High School Class of 1972.
5. Consider Approving a Proclamation for the Unlock Our Vote Freedom Summer Tour.
Alderwoman Harris, on behalf of Young Urban Professionals ENC (“YUP-ENC”), requested a proclamation observing the Unlock Our Vote Freedom Summer Tour that will be observed in New Bern on August 14, 2022.
6. Consider Adopting a Resolution Amending the Street Closure for Religious Community Services’ 40th Birthday Block Party.
(Ward 1) The Board adopted a resolution on June 28, 2022 approving the closure of the 800-1000 blocks of George Street on August 13, 2022 from 4 p.m. until 9 p.m. for RCS’ 40th birthday block party. The organizer has requested the time be amended to reflect 2 p.m. until 10 p.m. to allow for set up and breakdown of the event. A memo from Kari Warren, Interim Director of Parks and Recreation, is attached along with a copy of the previously adopted resolution and map of the area to be closed.
7. Consider Adopting a Resolution Closing Roundtree Street for Unlock Our Vote Freedom Summer Tour Event.
(Ward 1) Talina Massey, Organizer with Craven County Second Chance Alliance and YUP-ENC, has requested the 500 block of Roundtree Street be closed to vehicular traffic on August 14, 2022 from 12 p.m. until 8 p.m. for the Unlock Our Vote Freedom Summer Tour event. A memo from Mrs. Warren is attached.
8. Approve Minutes.
Draft minutes from the July 12, 2022 meeting are provided for review and approval.
9. Conduct a Public Hearing and Consider Adopting an Ordinance to Annex 434 Riverside Drive.
(Ward 1) 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. After conducting a public hearing, the Board is asked to consider the request to annex. A memo from Brenda Blanco, City Clerk, is attached.
10. Consider Adopting a Resolution Approving the CDBG Annual Action
Each year, the US Department of Housing and Urban Development (“HUD”) requires Entitlement Cities to submit Annual Action Plans as an application for funding. The plan summarizes the actions, activities and specific resources that will be used to address needs and goals in the Strategic Plan. The City’s funding allocation for the 2022 program year is $269,786. A draft plan was put on display for 30 days, and a public hearing was conducted at the July 12, 2022 meeting of the Governing Board. The draft plan has since been updated to incorporate several suggestions. It now provides $200,829 for housing rehabilitation, $15,000 for the bus shelter project, and $53,957 for administrative costs. A memo from D’Aja Fulmore, Community Development Coordinator, is attached.
11. Consider Adopting an Ordinance to Amend the Entitlement Cities Community Development Block Grant (“CDBG”) Fund.
This budget ordinance amends the Entitlement Cities CDBG Fund to recognize grant revenues of $269,786. A memo from Kim Ostrom, Director of Finance, is enclosed.
12. Consider Adopting a Resolution Initiating the Upset Bid Process for 612 Second Avenue.
(Ward 2) Rise Up New Bern, LLC has submitted an offer of $2,022 for the purchase of 612 Second Avenue. The vacant lot is a 0.050-acre parcel valued at $4,000, and the offer represents more than 50% of the value. The property was acquired jointly by the City and County through tax foreclosure in December 2016. At that time, the unpaid taxes, interest, penalties, and costs due to the County were $3,527 and the amount due the City was $2,850.33. The City also had a lien assessment in the amount of $4,860. If the property is sold for the initial bid, the City is projected to receive $1,123.27 and the County is projected to receive $898.73. The City will also receive reimbursement of the advertising costs.
This property is in the boundary of the Redevelopment Commission. On behalf of Rise Up New Bern, Mark Roberts made a presentation at the Commission’s May 11, 2022 meeting. After determining Mr. Roberts’ plans for the property were consistent with the Redevelopment Plan, the Commission unanimously approved a recommendation for the Board of Aldermen to initiate the upset bid process. Memos from Ms. Blanco and Matt Schelly, Interim Director of Development Services, are attached.
13. Consider Adopting a Resolution Approving a General Warranty Deed Between Habitat for Humanity of Craven County NC, Amellia Jenkins, and the City of New Bern for 2803 Aycock Avenue.
(Ward 2) On September 24, 2019, the City approved the conveyance of 2803 Aycock Avenue 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.
14. Consider Adopting a Resolution Authorizing the City Manager to Execute a Memorandum of Agreement with the NC Department of Public Safety – Division of Emergency Management for HMGP Project 4393-0029.
(Wards 2 and 5) The City has been awarded $964,807 from the NC Department of Public Safety – Division of Emergency Management to acquire and demolish 8 structures that were substantially damaged during Hurricane Florence. Ownership of the properties will be transferred to the City with restrictions imposed to prohibit future structures on the sites. A memo from Mr. Schelly is attached.
15. Consider Adopting a Resolution Adding Taberna Way to the NC Department of Transportation’s Secondary Road System.
(Ward 3) As part of the Highway 70 improvements, NCDOT is planning to alter the intersection of Taberna Way and Highway 70. To facilitate this, NCDOT has requested the City petition for a 0.09-mile portion of Taberna Way to be added to the State Maintained Secondary Road System. The portion of roadway begins at the Highway 70 entrance of Taberna and ends approximately 20′ west of the centerline of the railroad tracks. A memo from George Chiles, Interim Director of Public Works, is attached.
16. Consider Adopting a Resolution Approving a Policy for Placing of Monuments, Memorials, Markers and Plaques.
A policy is proposed to provide the Governing Board, staff, and the public with guidelines for consideration of commemorative items to be placed on City-owned property. The Board is asked to review and consider adopting the policy. A memo from Mrs. Warren is attached.
17. Consider Adopting a Resolution to Award the Southeast Water System Improvements Project.
(Ward 3) As demand increases, the corridors of Old Airport Road, Waterscape Way and Wilcox Road will be unable to provide an adequate supply of water for domestic and fire-flow use. The water system in both corridors has been constructed linearly which has created two dead-ends that are not loop-fed with any other part of the system. This creates unfavorable conditions from both a hydraulic and water quality perspective. Thus, the Southeast Water System Improvements project was established to address the infrastructure needs. The project was put out for bid, and six responses were received. Herring-Rivenbark, Inc. submitted the lowest bid at $795,942.75. It is recommended the project be awarded to this bidder and that the City Manager be authorized to execute a contract and any change orders. A memo from Jordan Hughes, City Engineer, is attached.
18. Consider Adopting an Ordinance to Amend the Southeast Water System Improvements Project Fund.
(Ward 3) The Southeast Water System Improvements Project was established on March 22, 2022 and initially funded with $488,400. As described in the previous item, the lowest bid for the project was $795,942.75. Therefore, it is recommended the project fund be increased to $875,000 to cover the estimated construction cost and provide a 10% contingency for any unforeseen issues that may arise. This amendment will transfer $386,600 from the Water Fund to the project. Memos from Kim Ostrom, Director of Finance, and Jordan Hughes are attached.
19. Consider Adopting a Resolution Approving a Utility Construction Agreement with the NC Department of Transportation for Project U-5713/R-5777A&B.
NCDOT is currently working on significant improvements to the Highway 70 corridor in James City. Several existing water and sanitary sewer lines will need to be relocated to accommodate the highway improvements. NCDOT will include the relocation of the infrastructure in their project contracts. At the conclusion of the construction, the City will reimburse NCDOT for a portion of the relocation costs as required by state statute. The total cost of the relocation work is $13,049,714.50, of which the City is required to reimburse $2,230,714.75. A Utility Construction Agreement between NCDOT and the City establishes the responsibilities of each party with respect to the relocation of the water and sewer lines. A memo from Jordan Hughes is attached.
20. Consider Adopting an Ordinance to Establish the NCDOT Water & Sewer Improvements Project Fund.
In conjunction with the previous item, this ordinance will establish the NCDOT Water & Sewer Improvements Project Fund. The project will be funded with $900,000 from the Water Capital Reserve, $761,365 from the Sewer Capital Reserve, and $569,350 from the Sewer Fund. Memos from Mrs. Ostrom and Jordan Hughes are attached.
21. Consider Adopting a Resolution License Approving a License Agreement with The New Bern Area Improvements Association for 800 Cedar Street.
On July 23, 2019, the Board approved a license agreement with The New Bern Area Improvements Association for use of the Omega Center at 800 Cedar Street. The facility has been used by Parks and Recreation to offer recreational programs in lieu of programs previously offered at Stanley White Recreation Center (“SWRC”) prior to its damage during Hurricane Florence. The term of the agreement was three years at a rate of $85,000. That agreement will expire on August 31, 2022. Parks and Recreation would like to continue using the facility until the new SWRC is completed. Thus, a new license agreement is proposed for a period of 18 months at a rate of $42,500. The Omega Center shall continue to provide all water, sewer, and electric utilities, but the City will reimburse the cost of those utilities on a monthly basis at a sum equal to 57.14% of each utility bill. Additionally, the Omega Center will be responsible for all routine repairs and maintenance on the property. The City will be responsible for mowing and maintaining the grass and landscaping. A memo from Mrs. Warren is attached.
22. Consider Adopting a Budget Ordinance Amendment for FY22-23.
This amendment appropriates $42,500 from the General Fund to extend the license agreement for the use of the Omega Center. Additionally, $197,700 is appropriated from fund balance for increased insurance costs. The Water Fund will transfer $386,600 from fund balance for the Southeast Water System Improvements Project Fund. Lastly, transfers of $900,000 from the Water Capital Reserve Fund, $761,365 from the Sewer Capital Reserve Fund, and $569,350 from the Sewer Fund will be made to the NCDOT Water & Sewer Improvements Project Fund. A memo from Mrs. Ostrom is attached.
23. Consider Adopting an Ordinance for the Demolition of 1116 Grace Street.
(Ward 5) On November 22, 2021, the owners of 1116 Grace Street were properly served with a complaint alleging the structure was unfit for human habitation. The owners were ordered to demolish or repair the dwelling by December 27, 2021. To date, no permits have been applied for and the structure remains noncompliant. Pictures of the property and a complete list of chronological events is attached along with a memo from Mr. Schelly. Public Works estimates the cost of demolition at $8,000.
- John Blackwelder has resigned from the Historic Preservation Commission. Alderman Odham is asked to make an appointment to serve out the remainder of the term, which expires on June 30,
- Appointees to the Dangerous Dog Board must be a NC licensed veterinarian, professional dog obedience trainer, or registered veterinary technician. Currently, the three seats on this board are filled by Steve Stelma, Dr. Bobbi Kotrba, and Dona Baker. Their terms will expire in August, and each one is willing to continue serving. The Board is asked to consider reappointing these individuals or make new appointments.
- In 2021, Mayor Outlaw reappointed Bill Frederick to the Friends of the Firemen’s Museum Mr. Frederick was a longtime member of the Board and served it well. Unfortunately, he passed away in June. Mayor Outlaw is asked to make a new appointment to fill the remainder of Mr. Frederick’s term, which will expire on April 22, 2024.
26. City Manager’s
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