The Tuesday, Sept. 27, 2022 New Bern Board of Aldermen 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 Jeffrey T. Odham. Prayer Coordinated by Alderman Prill. Pledge of Allegiance.
2. Roll Call.
3. Approve Agenda.
Consent Agenda
4. Consider Adopting a Resolution Closing the 400 Block of Ninth Street for a Thanksgiving in October Dinner.
(Ward 1) Fred Godette, resident of 404 Ninth Street, has requested the 400 block of Ninth Street be closed for a Thanksgiving Dinner in October. The closure will take place on October 15, 2022 from 2 p.m. until 8 p.m. A memo from Kari Warren Green, Interim Director of Parks and Recreation, is attached.
5. Consider Adopting a Resolution Closing Specific Streets for Tryon Palace Candlelight Celebration.
(Ward 1) Susan Briley, Operations Manager at Tryon Palace, has requested the 600 block of Pollock Street and 300 block of George Street be closed on December 10th and 17th from 2 p.m. until 11 p.m. for Tryon Palace’s Candlelight Christmas Celebration. To accommodate a fireworks display both evenings, she has also requested a block of South Front Street at the location of Palace Point Commons. A memo from Mrs. Warren is attached along with a map of the proposed closures.
6. Consider Adopting a Resolution Closing the 300 Blocks of Pollock and Middle Streets for Christ Episcopal Church to Perform Tree Maintenance.
(Ward 1) Christ Episcopal Church, located at 320 Pollock Street, will be trimming trees on the church grounds. This will necessitate the closure of the 300 block of Pollock Street to vehicular traffic on November 21, 2022 from 8 a.m. until 4 p.m. The east lane of the 300 block of Middle Street will also need to be closed from 8 a.m. until 10 a.m. A rain date of November 22, 2022 has been requested. A memo from Mrs. Warren is attached along with supporting documentation.
7. Consider Adopting a Resolution Closing Specific Streets for the Great Fire Commemoration Vigil.
(Ward 1) The Parks and Recreation Department is requesting to close the 500 block of Roundtree Street and the westbound lane of the 1000 block of Broad Street to vehicular traffic on December 01, 2022 from 6 p.m. until 8:30 p.m. for the Great Fire Commemoration Vigil. A memo from Mrs. Warren is attached.
8. Consider Adopting a Resolution Closing One Lane of Traffic in the 200 and 300 Blocks of Hancock Street for MumFest.
(Ward 1) In conjunction with the 2022 MumFest event, the New Bern Police Department has requested the traffic pattern on the 200-300 blocks of Hancock Street be converted from two-way traffic to one-way traffic from 5 p.m. on October 7, 2022 until 11 p.m. on October 9, 2022. A memo from Mrs. Warren is attached.
9. Approve Minutes.
Draft Minutes from the September 13, 2022 meeting are provided for review and approval.
10. Update on MetroNet.
Kris Smith, Governmental Affairs Director, and Eddie Massengale, Director of Business Development, will provide a brief update on the MetroNet project. In November of 2021, installation of the fiberoptic network began in New Bern. The multimillion-dollar investment will bring internet and phone service to subscribers.
11. Presentation on Resiliency Plan Road Show.
The City’s first Hazard Mitigation and Resiliency Plan was adopted earlier this year. The plan is designed to improve New Bern’s ability to prepare for, withstand, and recover from disastrous events quickly and efficiently. A public outreach and engagement plan has been developed to educate residents and encourage them to partner with the City. The plan will be rolled out to the public during MumFest. Matthew Schelly, Interim Director of Development Services, will share a PowerPoint to review this information.
12. Consider Adopting a Resolution Approving an lnterlocal Agreement for Emergency Water Supply with the Town of River Bend.
In 2010, River Bend made improvements to extend its water system to the west side of Highway 17. It is proposed that an interconnection be established between New Bern and River Bend to provide for emergency needs. River Bend is ready to move forward with engineering design, permitting, and construction of the interconnection. The agreement will set forth the roles and responsibilities of both parties. A memo from Jordan Hughes, City Engineer, is attached.
13. Consider Adopting a Resolution Designating the Chief of Police Position to Make Recommendations to the NC Alcoholic Beverage Control Commission on ABC Permits.
NC General Statute §18B-904(f) authorizes cities and counties to designate an official, by name or position, to make recommendations concerning the suitability of a person or of a location for an ABC permit. The City has previously designated its Police Chief by name and desires to change the designation to reflect the position. This will eliminate the need to change the name when there is turnover in the position. A memo from Brenda Blanco, City Clerk, is attached.
14. Consider Adopting a Resolution Approving the Execution of an Application Contract with the NC Governor’s Highway Safety Program for a BikeSafeNC Coordinator.
A regional BikeSafeNC Coordinator serves as a liaison between the State and regional agencies and oversees assessors in the region to ensure they are hosting courses and holding the standards set by the State. The New Bern Police Department has previously served in this role and has an opportunity to do so again. The coordinator will host meetings and attend courses relative to motorcycle safety. A grant of $5,000 will cover the coordinator’s travel, training, and equipment expenses. No match is required. A memo from Patrick Gallagher, Chief of Police, is attached.
15. Consider Adopting a Resolution Approving the Execution of an Application Contract with the NC Governor’s Highway Safety Program for a Regional Law Enforcement Liaison.
In 2020, the New Bern Police Department took the position of Law Enforcement Liaison for region 2. In part, the liaison coordinates and organizes highway safety activities and works with participating agencies in the region to coordinate safety related traffic events. The position also hosts quarterly meetings, works closely with the Governor’s Highway Safety Program (“GHSP”) to determine what equipment is made available to agencies in the state, and assists GHSP with events such as conferences, campaign kick-offs, and the state fair. The position comes with a $25,000 grant, which requires no match. The grant will cover all expenses for travel, training, and equipment related to the position. A memo from Chief Gallagher is attached.
16. Consider Adopting a Resolution for the Sole Source Purchase of Diesel Exhaust Filtration System from Ward Diesel Filter Systems.
With cancer a leading cause of death among firefighters, there is a desire to prevent a firefighter’s exposure to exhaust emissions. The Ward Diesel Filter System is the sole provider of the No Smoke exhaust filtration system. It is requested that the Board authorize the use of this sole source vendor pursuant to NCGS 143- 129(6)(3), which allows an exception for bidding the purchase. A memo from Robert Boyd, Fire Chief, is enclosed along with a notice from Ward Diesel confirming its status as a sole manufacturer and distributor.
17. Consider Adopting a Resolution to Initiate the Upset Bid Process for 2706 McKinley Avenue.
(Ward 2) Stephanie Coward-Leary has tendered an offer of $2,500 for the purchase of 2706 McKinley Avenue. The tax value of the 0.12-acre lot is $4,500. The property was acquired jointly by the City and County through tax foreclosure in June of 2017. At that time, the City was owed $475.06 in liens, taxes, interest, penalties, fees, and costs. The County was owed $2,744.06 in taxes, interest, penalties, fees, and costs. If the property is sold for the initial offer, the City is estimated to receive $25.65, and the County is estimated to receive $2,474.35. A memo from Ms. Blanco is attached along with a copy of the offer, tax card, map, and picture of the property.
18. Consider Adopting a Resolution Authorizing the Submission of Grant Applications to the NC Division of Water Infrastructure for the Local Assistance for Stormwater Infrastructure Investments (“LASII”) 2022 Funding Program and the LASII 2022 Construction Funding Program.
On behalf of the City, WithersRavenel has prepared two applications that are due on September 30th for grants available through the NC Division of Water Infrastructure’s Local Assistance for Stormwater Infrastructure Investments. The first application seeks $400,000 to conduct a stormwater assets inventory and assessment, and the second application is for $3.5 million for construction of the Duffyfield Stormwater Enhancement Project. No local match is required for either grant. A memo from Mr. Schelly is attached along with additional information on the project.(Ward 5) Norn Chan submitted an offer to purchase 210 Duffy Street for $4,500. The bid was advertised, but no upset bids received. The property is a 0.17-acre vacant parcel with a tax value of $9,000. It 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, the County will receive $3,272.47 and the City will receive $1,227.53 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 and a map of the property, the offer to purchase, and a copy of the tax card.
19. Consider Adopting a Resolution to Amend the Utility Customer Service Policy.
In response to requests by developers to extend the electric distribution system and provide service to a growing number of developments, staff applied the line extension rules set forth in the customer service policy. The policy requires developers to contribute the cost difference between the total construction cost and revenue credit. There is insufficient revenue to satisfy the policy and fund the total cost of construction, largely because of inflation for goods and services, increased purchased power costs, and levelized retail rates. After receiving complaints from developers, staff reviewed the performance of the policy’s line extension rules and recommends changes to align the intent of the policy with current market trends and to better compete for new customers in areas of customer choice. Charlie Bauschard, Director of Public Utilities, will review the changes in some detail and compare the performance of the current policy against the recommended changes.
20. Consider Adopting an Ordinance for the Demolition of 1607 High Street.
(Ward 1) A letter of minimum housing deficiencies was sent to the owners of 1607 High Street on June 29, 2020. A complaint alleging the structure was unfit for human habitation was filed on June 28, 2021, and a hearing was scheduled for July 12, 2021. At the hearing, staff received a notice of appeal and a ReBuild NC award notification letter. The owners were given until January 22, 2022, to bring the dwelling into compliance. To date, there has been no contact from the owner or ReBuild NC representatives, no permits have been applied for, and the structure remains noncompliant. Public Works estimates the cost of demolition at $5,253. Pictures of the property and a complete list of chronological events are attached along with a memo from Mr. Schelly.
21. Consider Adopting a Budget Ordinance Amendment for FY2022-23.
This budget ordinance amendment will recognize grant funds of $964,807 from the NC Division of Emergency Management’s Hazard Mitigation Program, $276,773.63 from the Department of Homeland Security’s Assistance to Firefighters, $25,000 from the Governor’s Highway Safety Program for the regional law enforcement liaison, and $5,000 from the Governor’s Highway Safety Program for the regional BikeSafeNC coordinator. Additionally, it will appropriate $27,677.37 from fund balance for the required match for the firefighter’s grant. A memo from Kimberly Ostrom, Director of Finance, is attached.
22. Consider Adopting an Ordinance to Amend the Drainage Improvements Project Fund.
This ordinance will amend the Drainage Improvements Project Fund to recognize $134,000 in funds from the Environmental Enhancement Fund Grant. This grant will be utilized for Phase 2 of the Duffyfield Community Stormwater Enhancement Project. A memo from Mrs. Ostrom is attached.
23. Appointment(s).
a. Former Alderman Sabrina Bengel was appointed to represent the City on the Highway 17 Association’s Board of Directors. With the conclusion of her term, a new appointment is needed.
b. Craven County and the City of New Bern each appoint one of its own governing board members to serve as a trustee on the New Bern-Craven County Public Library Board of Trustees for the duration of their elected office. Former Alderman Sabrina Bengel recently served in this capacity. A new appointment is now needed.
c. Following his election as Mayor, Jeffrey Odham resigned from his appointment to the Metropolitan Planning Organization Transportation Advisory Committee. A new appointment is needed to fill this vacancy.
d. New Bern appoints a commissioner and two alternate commissioners to the NC Eastern Municipal Power Agency. The position of first alternate commissioner was most recently held by former Alderwoman Jameesha Harris. With the end of her term, a new appointment needs to be made.
e. The two alternate seats on the Board of Adjustment are vacant. The Board is asked to make appointments to fill the remainder of these terms, which expire on June 30, 2023. Appointees must reside within the City limits of New Bern and should have a background related to land ownership and development issues.
– Alderman Prill is asked to make an appointment to replace Richard Parson on the Board of Adjustment. Mr. Parson’s term has expired, and he is ineligible to serve again.
– Alderman Royal is asked to consider reappointing Peter Dillon to the Board of Adjustment or to make a new appointment. Mr. Dillon’s term has expired, but he is eligible for reappointment.
– Alderman Aster is asked to make an appointment to fill the remainder of Jim Morrison’s term on the Board of Adjustment. Mr. Morrison resigned from the board, and his term needs to be filled through June 30, 2024.
– Alderman Kinsey is asked to make an appointment to replace John Riggs on the Board of Adjustment. Mr. Riggs’ term has expired, and he is ineligible to serve again.
– Alderman Best is asked to make an appointment to replace Kip Peregoy on the Board of Adjustment. Mr. Peregoy’s term has expired, and he is ineligible to serve again.
– Alderman Brinson is asked to consider reappointing Barbara Sampson to the Board of Adjustment or to make a new appointment. Ms. Sampson’s term has expired, but she is eligible for reappointment.
24. Attorney’s Report.
25. City Manager’s Report.
36. New Business.
27. Closed Session.
28. Adjourn.
Individuals with disabilities requiring special assistance should call 639-2931 no later than 3 p.m. the date of the meeting.
Read the full packet here.
By Brenda Blanco, City Clerk