Retail market analysis, rezoning, appointments, public comment among items on New Bern Board of Aldermen meeting agenda – July 11

New Bern Board of Alderman Meeting
New Bern Board of Alderman Meeting

The July 11, 2023 meeting will be held at 6 p.m. in the Courtroom at City Hall located at 300 Pollock St. in New Bern, NC.

1. Meeting opened by Mayor 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.

Consent Agenda.

5. Consider Adopting a Resolution to Call for a Public Hearing on an Installment Financing Agreement for the Construction of the Stanley White Recreation Center.

(Ward 2) The Local Government Commission and NCGS §160A-20 require a public hearing be held when local governments intend to finance real or personal property by installment contract. The City intends to finance the construction of the new Stanley White Recreation Center, and staff requests a hearing be set for August 8, 2023. A memo Kim Ostrom, Director of Finance, is attached.

6. Consider Adopting a Resolution to Approve a Memorandum of Understanding with the Craven County Sexual Assault Response Team.

To provide services to victims of sexual assault, the New Bern Police Department (“NBPD”) has joined with other stakeholders in the region who also desire to provide consistent, coordinated, and compassionate responses to victims. Those stakeholders include, but are not limited to, the Craven County Sheriff’s Office, Craven County District Attorney’s office, CarolinaEast Medical Center, the Craven County Department of Social Services, Coastal Women’s Shelter, and the US Marine Corps. The proposed Memorandum of Understanding (“MOU”) provides guidance for each agency with respect to its responsibilities. Of note, the Board previously approved a MOU on September 13, 2022 in which Promise Place was a stakeholder. A new MOU is sought as Promise Place has now been replaced by Coastal Women’s Shelter. A memo from Police Chief Patrick Gallagher is attached.

7. Consider Adopting a Resolution to Approve a Memorandum of Understanding with the Eastern Carolina Council Area Agency on Aging for Project Lifesaver.

New Bern Fire and Rescue and the NBPD have been associated with the Dementia Friendly Community Taskforce for several years. Project Lifesaver is an international program for at-risk individuals who are prone to life-threatening wandering because of cognitive issues. The MOU with Eastern Carolina Council Area Agency on Aging (“ECCAA”) reflects the City’s agreement for its public safety departments to operate the program in this area, while ECCAA assumes responsibility for case management and funding of the program. A memo from Chief Gallagher is attached.

8. Consider Adopting a Resolution to Approve a Memorandum of Understanding with the University of Mount Olive.

On January 14, 2020, the Board adopted a resolution approving a MOU with The University of Mount Olive (“UMO”) to assist City of New Bern employees in their pursuit of a higher education. The three-year agreement waived application fees and offered a 10% or 30% tuition scholarship to eligible employees who attended online or onsite classes. A similar MOU is proposed that would again waive application fees and offer a 10% tuition scholarship to eligible employees. If approved, the MOU will remain in effect until terminated by either party. A memo from Sonya Hayes, Director of Human Resources, is attached.

9. Approve Minutes.

Minutes from the June 27, 2023 meeting are provided for review and approval.

10. Conduct a Public Hearing and Consider Adopting an Ordinance to Rezone Properties on Washington Post Road Identified as Tax Parcel IDs 8-223-003 and 8-223-004.

(Ward 5) Stars & Stripes 4F, LLC requested to rezone 20.44+/- acres from R-10A to a R-8 Residential District. The two parcels, identified as Tax Parcel ID 8-223-003 and 8-223-004, are located on the east side of Washington Post Road at Olivia Road. The Planning and Zoning Board unanimously approved the request at its June 06 meeting. After conducting a public hearing, it is requested the Board consider adopting an ordinance to rezone the property. The ordinance includes verbiage that satisfies a statement of zoning consistency. A memo from Jessica Rhue, Director of Development Services, is attached.

11. Conduct a Public Hearing and Consider Adopting an Ordinance to Rezone 3208 Oaks Road (Tax Parcel ID 8-031-A-032).

(Ward 5) Jason Sanderson requested to rezone a 0.92+/- acre parcel from R-10 Residential District to C-4 Neighborhood Business District. The parcel, identified as Tax Parcel ID 8-031-A-032, is located on the north side of Oaks Road near North First Avenue. The Planning and Zoning Board unanimously approved the request at its June 6 meeting. After conducting a public hearing, it is requested the Board consider adopting an ordinance to rezone the property. The ordinance includes verbiage that satisfies a statement of zoning consistency. A memo from Mrs. Rhue is attached.

12. Conduct a Public Hearing and Consider Adopting an Ordinance to Initially Zone 29 Properties Identified as Tax Parcel IDs 7-103-010, 7-103-011, 7-103-017, 7-103-018, 7-103-019, 7-103-020, 7-103-064, 7-103-099, 7-103-12001, 7-103-16001, 7-103-19000, 7-103-202, 7-103-204, 7-103-7002, 7-103-9006, 7-103-9008, 7-103-9009, 7-104-12001, 7-104-12003, 7-104-14009, 7-104-9012, 7-300-2000, 7-RAILRD-NCRR, 8-222-074, 8-222-169, 8-222-25000, 8-222-25001, 7-003-11000, and 7-024-019.

(Wards 3 and 5) Staff identified 29 parcels that were annexed into the City, but were not assigned a zoning designation. Most of the parcels are adjacent to NC Hwy. 55W, Coastal Carolina Regional Airport, and off Highway 70 near Carolina Colours. The parcels were evaluated to determine appropriate zoning. Property owners were notified by mail on May 11, and several contacted Development Services with questions. No negative feedback was received. The Planning and Zoning Board unanimously approved the initial zoning designations at its June 6 meeting. After conducting a public hearing, the Board is asked to consider adopting an ordinance to rezone the property. The ordinance includes verbiage that satisfies a statement of zoning consistency. A memo from Mrs. Rhue is attached.

13. Consider Adopting an Ordinance to Restate the Schedule of Sewer Rates Applicable to Customers of the City of New Bern.

The City’s water rates have remained unchanged since 2015 when the rates decreased by 4.5%. The new schedule reflects an increase of 4.5% for all segments of the rate. A memo from the City Engineer is attached.

14. Presentation of the 2023 Retail Market Analysis for the City of New Bern.

The City contracted with Stratford Analytics, LLC to perform a retail market analysis to assess opportunities for retail development in the City of New Bern. The analysis focused on three geographical boundaries and four retail centers. William Rowe, PhD will make a presentation to review the findings and recommendations. A memo from Chris Seaberg, Community & Economic Development Manager, is attached.

15. Presentation on Financing Options.

Ted Cole, Senior Vice President and Manager of Public Finance with Davenport & Co., will review financing options for the Stanley White Recreation Center, sewer improvement projects, and Fiscal Year 2023-24 vehicle and equipment capital purchases.

16. Consider Adopting an Ordinance for the Demolition of 1503 Queen Anne Street.

(Ward 2) A letter of minimum housing deficiencies was sent to the owner of 1503 Queen Anne Street on October 10, 2022. Staff contacted the heirs to the property on March 27, 2023, who confirmed the owner was deceased and expressed their position of wanting nothing to do with the property. A complaint was filed on April 3 alleging the structure unfit for human habitation. A hearing was scheduled for April 26, and attended by an heir and potential buyer. The heirs were unsuccessful in multiple attempts to sell the property. To date, permits have not been obtained for the necessary repairs, and the structure remains noncompliant. Public Works estimates the cost of demolition at $7,590. Pictures of the property and a complete list of chronological events are attached along with a memo from Patrick Ezel, Minimum Housing and Nuisance Supervisor.

17. Consider Adopting an Ordinance to Establish the Stanley White Recreation Center Project.

(Ward 2) The City has received $500,000 in insurance proceeds and allocated funds of $7,506,659 from FEMA to rebuild the Stanley White Recreation Center. On May 23, the Board authorized the execution of a $13,180,400 contract with T.A. Loving for construction of the facility. This ordinance will establish the project fund utilizing the insurance proceeds, FEMA funds, and debt proceeds. A memo from Ms. Ostrom is attached.

18. Consider Adopting a Resolution Approving a Declaration of Intent to Reimburse the Stanley White Recreation Center Project..

(Ward 2) Pursuant to IRS regulations, it is necessary to adopt a Declaration of Official Intent to Reimburse prior to incurring expenses for the Stanley White Recreation Center Project. Doing so allows the City to pay itself back for items paid for prior to obtaining financing. The cost of the project will be paid through a combination of insurance proceeds, FEMA funding, and debt financing not to exceed $10,000,000. A memo from Mrs. Ostrom is attached.

19. Consider Adopting a Resolution Approving a Declaration of Intent to Reimburse FY24 Vehicles and Equipment.

The adopted budget for FY23-24 included the purchase of vehicle and equipment capital items totaling $4,817,506. Pursuant to IRS regulations, it is necessary to adopt a Declaration of Official Intent to Reimburse prior to incurring expenses for the purchases. Doing so allows the City to pay itself back for items paid for prior to obtaining financing. A memo from Mrs. Ostrom is attached.

20. Consider Adopting a Resolution Approving a Declaration of Intent to Reimburse the Northwest Interceptor Rehabilitation Phase II Project.

The Northwest Interceptor Rehabilitation Phase II Project Fund was established on April 26, 2022, and a contract tentatively awarded to lnsituform Technologies in the amount of $1,244,166.60 on June 12, 2023. The project will be funded with $230,000 in ARPA grant funds and the remainder from financing proceeds. Pursuant to IRS regulations, it is necessary to adopt a Declaration of Official Intent to Reimburse prior to incurring expenses for the purchases. As noted previously, doing so allows the City to pay itself back for items paid for prior to obtaining financing. A memo from Mrs. Ostrom is attached.

21. Consider Adopting a Budget Ordinance Amendment for Fiscal Year 2023-24.

This ordinance amends the FY23-24 General Fund operating budget by appropriating $360,000 from fund balance for street resurfacing and $220,000 for sidewalk and curb improvements. These funds were budgeted in FY22-23, but since the projects were not completed, the unencumbered funds were returned to the General Fund’s fund balance. The amendment also appropriates $62,000 from fund balance for anticipated overtime in the Fire Department and $189,000 for an increase in property and equipment insurance costs. A memo from Mrs. Ostrom is attached.

22. Appointment(s}.

-Alderman Royal is requested to make an appointment to fill the seat held by Peter Dillon on the Board of Adjustment. Mr. Dillon resigned due to relocating out of state. The new appointee will fill the remainder of his term which expires on June 30, 2025.
-Mike Duffy and Kathleen Marty’s terms on the Board of Adjustment will expire June 30, 2023. The Board is asked to consider reappointing both individuals or make new appointments to serve for three-year terms. This appointment is open to the Mayor or any Alderman.
-Dr. Ruth Cox’s term on the Historic Preservation Commission will expire June 30, 2023, and she is ineligible for reappointment. Alderman Royal is asked to make a new appointment to fill Seat 2 for a three-year term.
-Raymond Layton’s term on the Planning and Zoning Board will expire June 30, 2023, and he is ineligible for reappointment. Alderman Kinsey is asked to make a new appointment to fill Seat 4 for a three-year term.
-Pat Dougherty’s term on the Planning and Zoning Board will expire June 30, 2023, and he is ineligible for reappointment. Alderman Brinson is asked to make a new appointment to fill Seat 6 for a three-year term.
-Lesley Hunter’s term on the Police Civil Service Board will expire June 30, 2023. Terms on this board are for a two-year period, and appointees are ineligible to serve consecutive terms. Appointments to this Board are open to any member of the Board of Aldermen.
-Tharesa Lee has resigned from the Redevelopment Commission effective July 5, 2023, which is before her term expiration on August 14, 2023. Tabari Wallace’s term will also expire on August 14, 2023. The Board is asked to consider the reappointment of Mr. Wallace, identify candidates to fill Mrs. Lee’s seat, and plan to discuss these seats at the first meeting in August. Appointments to this Board are open to the Mayor or any Alderman. Currently, three individuals have expressed interest in filling Mrs. Lee’s seat and submitted their resumes: Jimmy Dillahunt, Carol Becton, and Agape Adams.

23. Attorney’s Report.

24. City Manager’s Report.

25. New Business.

26. Closed Session.

27. Adjourn.

Individuals with disabilities requiring special assistance should call 639-2931 no later than 3 p.m. on the date of the meeting.

Agenda by Brenda Blanco, City Clerk

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.