The Dec 13, 2022 meeting will be held at 6 p.m. in the Courtroom at City Hall located at 300 Pollock St. in New Bern, NC. See the agenda packet here.
1. Meeting opened by Mayor Jeffrey T. Odham. Prayer Coordinated by Alderman Aster. Pledge of Allegiance.
2. Roll Call.
3. Approve Agenda.
4. 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.
* See note at bottom of agenda
Consent Agenda
5. Consider Adopting a Resolution Initiating the Upset Bid Process for 304 and 308 S. Front Street.
(Ward 1) At the Aug. 9, 2022 meeting, a suggestion was made and direction subsequently given to place signage on the “Talbot’s lots” advertising the property for sale. At the Nov. 8, 2022 meeting, a minimum bid of $750,000 was established for the two parcels. Betty Wilson has tendered an offer of $825,000, and it is requested the Board consider adopting a resolution to initiate the upset bid process pursuant to NCGS §160A-269. A memo from Brenda Blanco, City Clerk, is attached along with a copy of the offer and aerial map of the property.
6. Consider Adopting a Resolution Authorizing the Submission of a BRIC Grant Application.
(Wards 2 and 5) FEMA administers the Building Resilient Infrastructure and Communities (“BRIC”) program, which makes federal funds available for hazard mitigation activities. Staff desires to apply for a BRIC grant in the amount of $200,000 to be used for planning and scoping the restoration of the Duffyfield canal project. The grant will be matched by the City’s award of the NC Attorney General’s Environmental Enhancement grant in the amount of $150,000. A memo from Matt Schelly, Interim Director of Development Services, is attached.
7. Consider Adopting a Resolution Calling for a Public Hearing to Rezone 910 and 914 Bloomfield Street.
(Ward 5) The Redevelopment Commission is requesting to rezone two parcels totaling 0.252 +/- acres from R-6 Residential to C-4 Neighborhood Business District. The parcels are located at 910 and 914 Bloomfield Street. The Planning and Zoning Board unanimously approved the request at its November 01, 2022 meeting. It is requested a public hearing be held on January 10, 2023 for the Governing Board’s consideration. A memo from Mr. Schelly is attached.
8. Approve Minutes.
Minutes from the Nov. 22, 2022 meeting are provided for review and approval.
9. Presentation by Governing Board.
The Governing Board will make a brief presentation.
10. Presentation of City Employees of the Year.
The Employee of the Year program has been reinstated to recognize employees who have demonstrated excellent performance in their job duties over the previous 12-month period. Under the new program, one employee from three service categories will be recognized: Public Service, Public Safety, and Public Utilities/Works. Except for Department Heads, Division Superintendents, Division Chiefs, Fire Battalion Chiefs, and Police Captains, all regular full and part-time employees were eligible for nomination. Nominees were reviewed by a Selection Committee and announced at an employee luncheon on Dec. 8, 2022. The winner of each category will be recognized at this meeting and presented with a certificate and $300.
11. Recognition of 2022 Citizens Police Academy.
Graduates of the recent Citizens Policy Academy will be in attendance to give an overview of their experience. The latest academy marked the 25th session to be held.
12. Presentation by Craven County Alcoholic Beverage Control Board.
A representative from the Craven County Alcoholic Beverage Control (“ABC”) Board will provide an annual briefing and present a check to the City for its portion of ABC sales.
13. Presentation of the Annual Comprehensive Financial Report and Audit for Fiscal Year Ending June 30, 2022.
A representative from Thompson, Price, Scott, Adams and Company, P.A., the firm that performed the City’s audit, will be present to discuss the findings of the June 30, 2022, Annual Comprehensive Financial Report (“ACFR”) and audit.
14. A representative from Thompson, Price, Scott, Adams and Company, P.A., the firm that performed the City’s audit, will be present to discuss the findings of the June 30, 2022, Annual Comprehensive Financial Report (“ACFR”) and audit.
Chapter 1600 of the general statutes consolidates development regulations that were previously in Chapters 153A and 160A. Local governments are required to update their ordinances to conform with the new chapter. To comply with Chapter 1600, the Planning and Zoning Bord unanimously reviewed and recommended revisions to the City’s Land Use Ordinance at its November 01, 2022 meeting. A memo from Mr. Schelly is attached.
15. Conduct a Public Hearing and Consider Adopting Revisions to the Land Use Ordinance.
Chapter 1600 of the general statutes consolidates development regulations that were previously in Chapters 153A and 160A. Local governments are required to update their ordinances to conform with the new chapter. To comply with Chapter 1600, the Planning and Zoning Bord unanimously reviewed and recommended revisions to the City’s Land Use Ordinance at its November 01, 2022 meeting. A memo from Mr. Schelly is attached.
16. Appointment of Mayor Pro Tempore and Administration of Oath.
The City charter provides that at the first meeting in December the Board will appoint one of its members to serve as Mayor Pro Tern for a one-year term. The designee will perform mayoral duties in 2023 during the absence of the Mayor.
17. Consider Adopting a Resolution to Amend the Classification Pay Plan for Fiscal Year 2022-23 as Part of the Market Analysis Pay Study.
Piedmont Triad Regional Council conducted a market pay study for the City of New Bern. The analysis provides necessary data to ensure New Bern’s salaries are competitive and comparable with employees in relevant labor markets. To act on the results of the market study, it is proposed the City’s classification pay plan be amended. Positions that have advanced by one grade will receive a 3% annual salary increase, 2 grades a 6% annual salary increase, and 3 grades a 10% annual salary increase. Positions that decrease by one grade will receive a 1 % bonus. There are 55 positions recommended for a one-grade advance, 122 recommended for a two-grade advance, 24 recommended for a three-grade advance, and 2 recommended to decrease by one grade. A memo from Sonya Hayes, Director of Human Resources, is attached along with a copy of the market study.
18. Consider Adopting a Budget Ordinance Amendment for FY2022-23 to Provide for Amendment to Classification Pay Plan.
In correlation with the amended classification pay plan, this budget amendment allocates funds for the increased costs of salaries and benefits for the period of January 1, 2023 through June 30, 2023. Pay increases were calculated on positions that were adjusted by one or more pay grades. If the newly-calculated salary did not meet the minimum of the respective pay grade, then the salary was brought to the minimum of that grade. Fund balance was appropriated as follows to provide for the increased costs: $766,019 from General Fund, $81,636 from Water Fund, $73,999 from Sewer Fund, $216,243 from Electric Fund, $3,494 from the MPO Plan Grant, and $13,277 from the Solid Waste Fund. A memo from Kim Ostrom, Director of Finance, is attached.
19. Consider Adopting a Resolution Authorizing the City Manager to Execute a Change Order for the City Hall Elevator Project to Include a Fire Alarm System.
(Ward 1) The fire alarm coverage for City Hall will need to be extended to the elevator annex in order to meet current fire and building codes. A change order is requested to increase the previously approved contract with Daniels and Daniels Construction Company by $70,708.51. The proposed resolution authorizes the City Manager to execute a change order to include this alarm work. A memo from George Chiles, Interim Director of Public Works, is attached.
20. Consider Adopting an Ordinance Amendment to the City Hall Elevator Project Fund.
(Ward 1) In conjunction with the previous item, this budget ordinance amends the City Hall Elevator Project Fund by $70,709 to provide for the fire alarm system. Funds will be appropriated from the General Fund balance. A memo from Mrs. Ostrom is attached.
20. Consider Adopting a Budget Ordinance Amendment for FY2022-23.
(Ward 1) As the final step to provide funding for the fire alarm system in the elevator annex, this amendment will appropriate $70,709 from General Fund balance. The amendment also appropriates $189,108 from General Fund balance for the repainting of City Hall and make appropriations to cover encumbrances for outstanding purchase orders as of June 30, 2022 that have been rolled forward. Lastly, it makes transfers from the Water and Sewer Funds’ fund balances to cover Phase Ill of the Township 7 Sewer Improvements Project. A memo from Mrs. Ostrom is attached.
21. Consider Adopting a Resolution Awarding Contract-I for the Township No. 7 Sewer Improvements Phase-III Project.
(Ward 3) In 2010, the City established the Township No. 7 Sewer Improvements project and has since completed Phases I and II. Phase Ill remains to be completed and will increase transmission capacity at the equalization basin, construct a new transmission force main across the Trent River, and relocate Lift Station No. 10. Bids were received in November, and James L. Cayton Utilities, Inc. submitted the lowest bid at $5,646,728 for the linework. It is requested the Board consider authorizing the City Manager to execute a contract with this vendor. A memo from Jordan Hughes, City Engineer, is attached along with a copy of the bid tabulation.
22. Consider Adopting a Resolution Awarding Contract-II for the Township No. 7 Sewer Improvements Phase-III Project.
(Ward 1) Related to the previous item, this contract is for the relocation of the pump station from the bank of Lawson Creek Park. Bids for this portion of the work were also received in November, and Peters and White Construction Co. of Chesapeake, VA submitted the lowest bid at $959,395. It is requested the Board consider authorizing the City Manager to execute a contract with this vendor. A memo from Jordan Hughes is attached along with a copy of the bid tabulation.
23. Consider Adopting an Ordinance to Amend the Township 7 Sewer Improvements Project Fund.
(Wards 1 and 3) The Township 7 Sewer Improvements Project Fund will be amended by $6,106,123 for Phase Ill of the project. Construction costs will initially be covered by a transfer of $4,869,181 from the Sewer Fund and $500,000 from Golden Leaf grant funds. Financing options will be reviewed with the intent of reimbursing the Sewer Fund. Additionally, $1,236,942 will be transferred from the Water Fund to complete work on water lines in the same area. The Water Fund will not be reimbursed for this transfer. A memo from Jordan Hughes is attached.
24. Consider Adopting a Resolution Approving a Declaration of Intent to Reimburse the Township 7 Sewer Improvements Project.
(Wards 1 and 3) This item relates to the previous items for the Township 7 Sewer Improvements project. As required by IRS regulations, a declaration of intent to reimburse must be adopted prior to or within 60 days of payment of expenditures that will be reimbursed through financing proceeds. A memo from Mrs. Ostrom is attached.
25. Consider Adopting a Resolution in Support of NC Department of Transportation Reducing the Speed Limit on NC 43 Between SR 1483 (Briarwood Lane) and the 0.101 Mile Mark North of SR 1481 (Gracie Farms Road).
(Ward 5) After completing an engineering and traffic investigation, NCDOT recommended the speed limit on NC Highway 43 between Briarwood Lane and Gracie Farms Road be reduced from 55 mph to 50 mph. This item was tabled at the Board’s July 12, 2022 meeting after Alderman Best suggested the speed be reduced to 45 mph. NCDOT evaluated the area and found that the density of the development did not warrant a reduction to 45 mph. The proposed resolution confirms the City’s concurrence with the reduction to 50 mph. A memo from Mr. Chiles is attached along with a map of the area.
26. Consider Adopting a Resolution Approving a Bill of Sale for the Tisdale House and Special Warranty Deed for Tax Parcel ID 8-011-27000 (1311 Rhem Avenue).
(Ward 1) The City has been working with New Bern Preservation Foundation on the transfer of the Tisdale house and sale of property on Rhem Avenue. The purchase price of the parcel is $45,000. To preserve the Tisdale house, restrictions and obligations are being imposed through restrictive covenants and a preservation agreement.
27. Consider Adopting a Resolution Approving a General Warranty Deed Between Habitat for Humanity of Craven County NC, Marie Brown, and the City of New Bern for 2007 Pearson Street.
(Ward 2) On September 24, 2019, the City approved the conveyance of 2007 Pearson Street 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.
28. Appointment(s).
19. Attorney’s Report.
30. City Manager’s Report.
31. New Business.
32. Closed Session.
33. Adjourn.
Individuals with disabilities requiring special assistance should call 252-639-7501 no later than 3 p.m. the date of the meeting.
Agenda by Brenda Blanco, City Clerk
* NOTE: During the Petition of Citizens (POC), the board has two rules that have been troublesome to some who have voiced their opinions or would like to. One — the mayor asks people to state their name and address. In the past, former Alderman Bengel would talk about citizens and stated their addresses on her Internet/radio show. She received the information when they addressed the board during Petition of Citizens or a public hearing. This has been perceived as intimidating. The other pertains to addressing the board, “Comments will be directed to the full board, not to an individual board member or staff member.” The Board of Aldermen can have these rules in place, but they cannot enforce them because it would infringe on peoples’ First Amendment right to freedom of speech.
On May 10, 2021, New Bern Now asked the BOA to consider changing the rules as outlined in this article.
If you want to address the board, sign up before the meeting starts at 6 p.m.
View the meeting packet with details here and watch the meeting live on City 3 TV, City 3 TV Video on Demand, the City of New Bern’s YouTube Channel and Facebook page.
By Wendy Card, Editor