Public Safety, New Bern 101, Rezoning, Among Items for New Bern Board of Aldermen Meeting – Oct. 25, 2022

New Bern Board of Aldermen Meeting on September 13, 2022
New Bern Board of Aldermen Meeting – Sept. 13, 2022

The Tuesday, Oct. 25, 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 Royal. Pledge of Allegiance.

2. Roll Call.

3. Approve Agenda.

Consent Agenda

4. Consider Approving the 2023 Holiday Calendar.

Annually, the Board approves a calendar designating the holidays to be observed and dates for which City offices will be closed. The proposed calendar for 2023 is provided along with a brief memo from Sonya Hayes, Director of Human Resources.

5. Consider Approving the 2023 Board of Aldermen Meeting Roster.

The Board adopts a meeting roster for each calendar year. The proposed roster identifies the 2nd and 4th Tuesdays of each month as regular meetings. All meetings will begin at 6 p.m. It also identifies two dates for budget meetings that will start at 1 p.m.

6. Consider Approving a Proclamation for Small Business Saturday.

Pam Woo from the Small Business Saturday Coalition has requested a proclamation for Small Business Saturday. This is observed annually on the Saturday following Thanksgiving.

7. Approve minutes.

Minutes from the Oct. 11, 2022 regular meeting are provided for review and approval.

8. Public Safety Update.

In light of recent events, Police Chief Patrick Gallagher will provide a public safety update.

9. Recognition of New Bern 101 Graduates.

The Fall 2022 session of New Bern 101 concludes with this Board meeting. Participants have visited each department of the City to learn about the departments’ responsibilities, services provided, various programs, and to tour facilities and meet staff. The final week of the program, participants attend a Governing Board meeting to observe the Board in action. Participants will be called forward for recognition and presentation of a certificate of completion.

10. Conduct a Public Hearing on the Rezoning of 4416 US Highway 17 South; and
a) Consider Adopting a Statement of Zoning Consistency or Inconsistency; and
b) Consider Adopting an Ordinance to Rezone 4416 US Highway 17 South from R-10 Residential District to C-3 Commercial District.

(ETJ) Several months ago, Corey Thomas requested to rezone a 0.46-acre parcel from R-10 Residential to C-3 Commercial. The parcel is in the extraterritorial jurisdiction west of the Rocky Run area and is identified as 4416 US Highway 17 South and Craven County Tax Parcel ID 8-206-028. The Planning and Zoning Board (“P&Z”) unanimously approved the application at its October 5, 2021 meeting. There were no public comments offered to P&Z at that meeting. The Board of Aldermen considered the request at its November 09, 2021 meeting, at which time the matter was tabled. The applicant has requested this matter be taken up again for consideration. A memo from Matt Schelly, Interim Director of Development Services, is attached.

11. Conduct a Public Hearing and Consider Adopting an Ordinance to Amend Section Five – Electric Line Extension Policy of the City of New Bern Electric Department’s Customer Service Policies.

The City’s customer service policy provides rules for electric line extensions. The policy generally provides that developers are required to pay the total estimated cost of construction less revenue credits when service lines are extended to developments. In response to concerns raised by developers, staff reviewed the policy and recommends changes that will better align the intent of the policy to recover cost, promote economic development, and compete for customers in areas of customer choice. The significant alterations include:

• changing the revenue credit calculation from 2 to 3 years;
• updating the annual purchased power cost to reflect the current cost;
• omit streetlighting and transformer costs from the total estimated cost of construction; and
• reformatting the policy narrative and definitions and adding clarification.

After conducting a public hearing to receive input on the changes, the Board is asked to consider adopting the ordinance to implement those changes. A memo from Charlie Bauschard, Director of Public Utilities, is attached.

12. Consider Adopting a Resolution Authorizing the Execution of a Grant Agreement with Golden LEAF Foundation.

The City applied for and has been awarded a grant in the amount of $249,760 by the Golden LEAF Foundation. The funds will be used for the Rose Street Pump Retrofit to allow for better mitigation of high-water levels resulting from intense rain events. The event does not require a match. A memo from George Chiles, Interim Director of Public Works, is attached.

13. Consider Adopting a Resolution Accepting the FY2022 Bureau of Justice Assistance Bulletproof Vest Program Grant.

The Police Department applied for and has been awarded the 2022 Bureau of Justice Assistance Bulletproof Vest Partnership grant. The total cost of the ballistic vests is $29,782.60. The grant award will cover one-half of the cost, and the City is required to provide an equal match of $14,981.30. This match has been budgeted in the department’s FY2023 uniform account. A memo from Chief Gallagher is provided.

14. Consider Adopting an Ordinance for the Demolition of 1607 High Street.

(Ward 1) This item was on the Board’s Sept. 27, 2022 agenda, at which time it was tabled to allow the Craven County Disaster Recovery Alliance (“CCDRA”) additional time to work with the property owner to appeal an award made by ReBuild NC. On Oct. 11, 2022, staff was notified that ReBuild NC approved the owners’ appeal and will issue an award letter indicating the current amount of funding allocated to the project. Owners will again have an opportunity to accept or appeal the latest reward. On Oct. 12, 2022, staff contacted the CCDRA for an estimated time of demolition, but one had yet to be established. Although it was not reported by staff at the Sept. 27th meeting, ReBuild NC had earlier confirmed that “if the City/County has a health and safety concern with a structure and determines that demolition is required, that will not affect an applicant’s enrollment in the program.”

As a reminder of the circumstances, 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 Jan. 22, 2022, to bring the dwelling into compliance, but no permits were obtained, and no communication was received from the owners or ReBuild NC by the deadline. 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.

15. Consider Adopting an Ordinance for the Demolition of 423 (501) Sandy Point Road.

(ETJ) A letter of minimum housing deficiencies was sent to the owner of 423 Sandy Point Road on Feb. 03, 2021. A complaint was filed on Dec. 06, 2021 alleging two structures on the property were unfit for human habitation. A hearing was scheduled for Dec. 22, 2021, but the owner did not appear. Following the hearing, the owner was given until Feb. 7, 2022 to bring the dwellings into compliance. On Feb. 21, 2022, the owner submitted an incomplete application for a permit and was notified of such. The missing information was never submitted, and staff has had no contact from the owner since June 13, 2022. Permits have not been obtained, and the two structures remain noncompliant. Public Works estimates the cost of demolition at $6,800 per structure. Pictures of the property and a complete list of chronological events are attached along with a memo from Mr. Schelly.

16. Consider Adopting a Budget Ordinance Amendment for FY 2022-23.

This budget ordinance amendment recognizes grants of $249,760 from the Golden LEAF Foundation for the Rose Street pump retrofit and $45,000 from the NC Resilient Coastal Communities Program for the Duffyfield Community Resilience Improvement – Basin Restoration Enhancement project. Neither grant requires a match. The amendment also acknowledges a grant of $14,891 from the Bureau of Justice Assistance – Bulletproof Vest Partnership grant. Matching funds of $14,891 are required and have been budgeted in the Police Department’s uniform expense account. A memo Kim Ostrom, Director of Finance, is attached.

17. Consider Adopting an Ordinance to Amend the Township 7 Sewer Improvements Project Fund.

The Township 7 Sewer Improvements Project Fund will be amended to appropriate $175,000 from the Sewer Fund balance. This will cover the purchase of equipment needed by the contractor for the installation of the new sewer pump station. A memo from Mrs. Ostrom and email of explanation from Jordan Hughes, City Engineer, are enclosed.

18. Appointment(s).

a) 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.

b) 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.

c) Each municipality in the service area of the Coastal Regional Solid Waste Management Authority (“CRSWMA”) can have a member serve on the Authority’s Municipal Committee and participate in Board meetings. The Municipal Committee member must be appointed by the municipality’s Governing Board. Historically, New Bern has appointed the Director of Public Works since that position works closely with waste management. Al Cablay was the City’s previous appointee. For that reason, it is recommended the Board consider appointing Al Cablay to represent the City in this capacity.

19. Attorney’s Report.

20. City Manager’s Report.

21. New Business.

22. Closed Session.

23. 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