The Tuesday, Sept. 13, 2022 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. Administer Oath of Office to Alderman Barbara Best.
The City Clerk will administer the oath of office to Barbara Best.
3. Roll Call.
4. Approve Agenda.
5. Request and Petition of Citizens.
Consent Agenda
6. Consider Adopting a Resolution Closing the 3600 Block of Cranberry Lane for the Sienna Woods 3rd Annual Neighborhood Picnic.
(Ward 3) The Sienna Woods Picnic Committee has requested to close the 3600 block of Cranberry Lane from 9 a.m. until 9 p.m. on October 22, 2022 for the Sienna Woods of Carolina Colours’ neighborhood picnic. A rain date of October 23, 2022 has been requested. A memo from Kari Warren, Interim Director of Parks and Recreation, copy of the application, and map of the area are attached.
7. Consider Adopting a Resolution Closing Specific Streets for MERCI on Middle.
(Ward 1) Merci on Middle will hold its annual fundraising event on November 6, 2022. Organizers have requested that the 200-300 blocks of Middle Street, 300- 400 blocks of Pollock Street, and Bear Plaza be closed to vehicular traffic from 12 noon until 10:30 p.m. on November 06, 2022. Attached is a memo from Mrs. Warren, a map of the area, acknowledgement from local businesses along the route, and a copy of the event application.
8. Consider Adopting a Resolution Closing Specific Streets for the Trail to Tryon 5k, 1 Ok and Half Marathon.
The Craven County Tourism Development Authority has scheduled a 5k, 1 Ok, and half marathon race known as the Trail to Tryon. Organizers have requested South Front Street be blocked at Palace Point Commons from 6 a.m. until 3 p.m. and that the 600 block of Pollock Street be closed to vehicular traffic from 6 a.m. until 10 a.m. on November 12, 2022. Attached is a memo from Mrs. Warren, a map of the area, and a copy of the event application.
9. Consider Adopting a Resolution Closing the 100 Block of Johnson Street for the Historic Downtown Residents Association’s Picnic.
(Ward 1) Dottie Corning has requested the 100 block of Johnson Street be closed to vehicular traffic on October 15, 2022, from 3 p.m. until 11 p.m. for HDRA’s annual picnic. Attached is a memo from Mrs. Warren, a map of the area, and a copy of the event application.
10. Consider Approving Proclamations for New Bern High School Hall of Fame Recipients:
- Michael Hughes
- Kevin Reddick
- Josh Taylor
- Brett Williams
- Cecil Harrison
- Bobby Curlings
Sabrina Bengel has requested proclamations for the Class of 2022 inductees to the New Bern High School Hall of Fame. The recipients are listed above.
11. Approve Minutes.
Minutes from the August 15, 2022 meetings are provided for review and approval.
12. Conduct a Public Hearing on the Rezoning of 3603 Neuse Boulevard; and
a. Consider Adopting a Statement of Zoning Consistency or Inconsistency; and
b. Consider Adopting an Ordinance to Rezone 3603 Neuse Boulevard from C-4 Neighborhood Business District to C-3 Commercial District.
(Ward 4) The owner of 3603 Neuse Boulevard has requested to rezone the 0.92+/acre parcel from C-4 Neighborhood Business District to C-3 Commercial District. The Planning and Zoning Board unanimously approved this request at their August 4, 2022 meeting. After conducting a public hearing, the Board is asked to consider adopting a statement of zoning consistency or inconsistency. If a statement of consistency is adopted, the Board is then to consider approving an ordinance to rezone the property. A memo from Matt Schelly, Interim Director of Development Services, is attached along with a map of the site area.
13. Conduct a Public Hearing on Rezoning Tax Parcel IDs 8-210-11002, 8-210-11003, 8-210-11004, 8-210-11006, 8-210-11009, 8-210-11010, and 8-210-23000; and
a. Consider Adopting a Statement of Zoning Consistency or Inconsistency; and
b. Consider Adopting an Ordinance to Rezone Tax Parcel IDs 8-210-11002, 8-210-11003, 8-210-11004, 8-210-11006, 8-210-11009, 8-210-11010, and 8-210-23000 from A5-F Agricultural Forestry District, R-10 Residential District, and R-1 0A Residential District to R-6 Residential District.
(Ward 6) McCullough Farms, LLC has requested to rezone seven parcels off Trent Creek Road totaling 413.39 +/- acres. The current zoning is A5-F Agricultural Forestry District, R-10 Residential District, and R-1 0A Residential District, and the requested zoning is R-6 Residential. The parcels are adjacent to the Craeberne Forest development. The Planning and Zoning Board unanimously approved this request at their August 4, 2022 meeting. After conducting a public hearing, the Board is asked to consider adopting a statement of zoning consistency or inconsistency. If a statement of consistency is adopted, the Board is then to consider approving an ordinance to rezone the property. A memo from Mr. Schelly is attached along with a map of the site area and supplemental information from the applicant.
14. Conduct a Public Hearing on Rezoning 601 Third Avenue; and
a. Consider Adopting a Statement of Zoning Consistency or Inconsistency; and
b. Consider Adopting an Ordinance to Rezone 601 Third Avenue from C-4 Neighborhood Business District and R-6 Residential District to C-3 Commercial District.
(Ward 2) The City desires to rezone two parcels totaling 4.139 +/- acres which are currently split zoned as C-4 Neighborhood Business District and R-6 Residential to one zoning of C-3 Commercial District. This property is the site of the new Stanley White Recreation Center. The Planning and Zoning Board unanimously approved this request at its August 4, 2022 meeting. After conducting a public hearing, the Board is asked to consider adopting a statement of zoning consistency or inconsistency. If a statement of consistency is adopted, the Board is then to consider approving an ordinance to rezone the property. A memo from Mr. Schelly is attached along with a map of the site area.
15. Consider Adopting a Resolution to Initiate the Upset Bid Process for 806 Main Street.
(Ward 1) First Missionary Baptist Church has made an offer to purchase 806 Main Street for $2,000. The tax value of the 0.18-acre vacant parcel is $4,000, and the offer represents 50% of the value. The City and Craven County acquired the property in 2009 through tax foreclosure. At that time, taxes, interest, penalties, fees, and costs due to the County were $2,167.90 and $845.82 to the City. If the property is sold for the initial offer, it is estimated the County will receive $1,365.52 and the City $634.48 from the proceeds. A memo from Brenda Blanco, City Clerk, is attached along with a copy of the offer, tax card, map, and photos of the property.
16. Consider Adopting a Resolution to Initiate the Upset Bid Process for 208 Daniels Street.
(Ward 5) The Third Property Development & Estate Investment Group, LLC has made an offer of $9,000 to purchase 208 Daniels Street. The tax value of the halfacre vacant parcel is $18,000, and the offer represents 50% of the value. The City and Craven County acquired the property in 2019 through tax foreclosure. At that time, taxes, interest, penalties, fees, and costs due to the County were $3,596.22 and $713.18 to the City.
Earlier this summer, the City demolished an uninhabitable mobile home that was located on the property. The home flooded during Hurricane Florence and was beyond repair. In exchange for the demolition, Craven County conveyed to the City its interest in the property. Thus, the City will receive all proceeds from the sale. A memo from Ms. Blanco is attached along with a copy of the offer, tax card, map, and photos of the property.
17. Consider Adopting a Resolution Approving the Sale of 2410 Georgia Avenue.
(Ward 5) Jimmy McGowan submitted an offer of $8,000 for 2410 Georgia Avenue. The offer was advertised, but no upset bids were received. The property is a vacant 0.34-acre parcel with a tax value of $13,500. 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. If the property is sold for the offer, the City will receive $6,130.42 and the County $1,869.58 from the proceeds. The bidder owns the adjacent property and is seeking to expand his greenspace. A memo from Ms. Blanco is attached along with a copy of the offer to purchase, tax card, a map, and pictures of the property.
18. Consider Adopting a Resolution Approving the Sale of 803 Pavie Avenue.
(Ward 5) Susan Barber made an offer to purchase 803 Pavie Avenue for $2,000. The bid was advertised, but no upset bids were received. The vacant 0.09-acre parcel has a tax value of $4,000 and was acquired by the City and County in 2017 through tax foreclosure. Taxes, costs, interest, and penalties due at that time were $2,335.74 to the County and $1,956.01 to the City. If the property is sold for the initial bid, the County will receive $1,332.74 and the City will receive $667.26 from the proceeds. The bidder owns a parcel across the street and desires to use this property for occasional parking or to set up tables for outdoor functions and gatherings. A memo from Ms. Blanco is attached along with a copy of the offer to purchase, tax card, a map, and pictures of the property.
19. Consider Adopting a Resolution Approving the Sale of 2107 Pearson Street.
(Ward 2) Davis McKinley Properties, LLC made an offer to purchase 2107 Pearson Street for $3,750. The offer was advertised, but no upset bids were received. The vacant 0.23-acre parcel has a tax value of $7,500 and was acquired by the City and County in 2019 through tax foreclosure. Taxes, costs, interest, and penalties due at that time were $3,189.32 to the County and $1,651.74 to the City. If the property is sold for the initial bid, the County will receive $2,427.92 and the City $1,322.08 from the proceeds. The bidder has spoken with staff in Development Services and is satisfied the property is suitable for his future plans. A memo from Ms. Blanco is attached along with the offer to purchase, a copy of the tax card, and a map and pictures of the property.
20. Consider Adopting a Resolution Approving the Sale of 210 Duffy Street.
(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.
21. Consider Adopting a Resolution Approving the Sale of 801 Chattawka Lane.
(Ward 2) Black Bear Real Estate offered to purchase 801 Chattawka Lane for $12,000. The bid was advertised and three upset bids were received. Black Bear submitted the final bid at $14,000. The vacant 0.34-acre parcel has a tax value of $15,000. The property was acquired by the City and County through tax foreclosure in 2019. If the property is sold for the final bid, the County will receive $3,655.21 and the City $10,344.79 from the proceeds. A memo from Ms. Blanco is attached along with the offer to purchase, tax card, and a map and pictures of the property.
22. Consider Adopting a Resolution Approving an Agreement with Mackilwean Turn Farm, Inc. for Land Use for Spray Irrigation System.
In 2004, the City developed and put into operation a reclaimed water utilization system to allow fully-treated effluent from the City’s main wastewater treatment plant (“WWTP”) to be utilized for irrigation purposes. The effluent is transported form the WWTP to the east lake of the Martin Marietta quarry and then pumped to the Mackilwean Turf Farm for irrigation. The City and Mackilwean entered into a land-use agreement to outline the roles and responsibilities of both parties for this irrigation system. The system is operated under a permit issued by the NC Department of Environmental Quality (“NCDEQ”). During the most recent permit renewal, NCDEQ determined the agreement between the City and Mackilwean needed to be revised to update the term and certain references to the permit. The term of the agreement shall continue until the expiration of the permit through NCDEQ. A memo from Jordan Hughes, City Engineer, is attached with additional details.
23. Consider Adopting a Resolution Approving a Memorandum of Understanding or the Administration and Procedures of the Smithfield Agreement 2021 Environmental Enhancement Grant Program.
After applying for an Environmental Enhancement Grant through the NC Attorney General’s office in 2021, the City was awarded funding in the amount of $134,000. The funds will be utilized for the construction of a stormwater management and environmental enhancement system in the Duffyfield community. A Memorandum of Understanding must be executed with respect to the administration and procedures related to the grant program. A memo from Mr. Schelly is attached.
24. Consider Adopting a Resolution Approving a Memorandum of Understanding with the Craven County Sexual Assault Response Team.
The New Bern Police Department has joined the offices of the Craven County Sheriff and District Attorney, CarolinaEast Medical Center, Coastal Women’s Shelter, the Department of Social Services, the US Marine Corps, and Promise Place, among others in the region, to help provide services to sexual assault victims. A memorandum of understanding (“MOU”) between the parties will provide guidance for each agency with respect to their responsibilities. Nothing in the MOU binds the Police Department, conflicts with statutory requirements, or violates the department’s core values. A memo from Police Chief Patrick Gallagher is attached.
25. Consider Adopting a Resolution Approving the NBAMPO 5303 Grant Contract with the NC Department of Transportation.
On behalf of the New Bern Area Metropolitan Planning Organization, the City has been identified as the direct recipient of Section 5303 Federal Transit Administration Urban Planning Funds. These funds are managed by NCDOT’s Public Transportation Division. To receive the funds, the Board of Aldermen must adopt a resolution authorizing the City Manager to sign a grant agreement with NCDOT. The total allocation for FY2022-23 is $55,146.56, which reflects a Federal and State share of $49,691.90 and a local share of $5,514.66. The local share will be provided by the jurisdictions participating in the New Bern Area MPO as follows: New Bern $3,059.54; River Bend $327.57; Trent Woods $448.89; Bridgeton $46.32; and Craven County $1,632.34. A memo from Kim Maxey, MPO Administrator, is attached.
26. Consider Adopting an Ordinance for the Demolition of 1014 Main Street.
(Ward 1) On October 13, 2021, the owners of 1014 Main 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 28, 2021. To date, no permits have been applied for and the structure remains noncompliant. Estimated penalties to date total $33,000. Pictures of the property and a complete list of chronological events are attached along with a memo from Mr. Schelly. Public Works estimates the cost of demolition at $3,800.
27. Appointment(s).
a. In 2021, Mayor Outlaw reappointed Bill Frederick to the Friends of the Firemen’s Museum Board. Mr. Frederick was a longtime member of the Board and served it well. Unfortunately, he passed away in June. Mayor Odham is asked to make a new appointment to fill the remainder of Mr. Frederick’s term, which will expire on April 22, 2024.
b. 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.
c. 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.
d. 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.
e. 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.
28. Attorney’s Report.
29. City Manager’s Report.
30. New Business.
31. Closed Session.
32. 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