MSD, contracts, public comment among items on New Bern Board of Aldermen meeting agenda – Sept. 12

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

The Sept. 12, 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 Brinson. 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 Calling for a Public Hearing to Annex 3277 Old Airport Road.

(Ward 3) Michael and Rose Miller have submitted a petition to annex the property at 3277 Old Airport Road. It is requested a hearing be called for Sept. 26 to receive comments and consider this request. A memo from Brenda Blanco, City Clerk, is attached.

6. Consider Adopting a Resolution Closing Specific Streets for the 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 Dec. 9 and 16 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.

7. Approve Minutes.

Draft minutes from the Aug. 22 regular meeting and Aug. 30 strategic planning work session are provided for review and approval.

8. Introduction of Staff.

The City Manager will introduce the following new staff: Deanna Trebil, MPO Administrator; Robert Gough, Assistant Director of Development Services; Kendrick Stanton, Land and Community Development Administrator (Zoning); and David Fishel, Assistant Director of Public Works. He will also introduce Jim McConnell as the Interim Fire Chief.

9. Conduct a Public Hearing and Consider Adopting a Resolution Approving the Installment Financing Agreement for the Stanley White Recreation Center.

On Aug. 8, the Board conducted a public hearing on the financing of the construction of the Stanley White Recreation Center. The city’s bond counsel published a notice of hearing in the Sun Journal that incorrectly stated the loan would not exceed $8,200,000. The ad should have stated the loan will not exceed $10,000,000. The bond counsel and City Attorney concurred that a new notice needed to be published and a second hearing held prior to approval of the financing agreement. After conducting the hearing, the Board is asked to consider the resolution approving a financing agreement with TD Bank. A memo from Kim Ostrom, Director of Finance, is attached.

10. Presentation on Project Lifesaver.

At its first meeting in August, the Board approved a Memorandum of Understanding between the city and Eastern Carolina Council (“ECC”) for Project Lifesaver. Police and Fire personnel have been trained on the use of the equipment. Staff will be joined by David Bone of ECC and January Brown from the ECC Area Agency on Aging to provide details and information about the program. A memo from Police Chief Patrick Gallagher is attached.

11. Consider Adopting an Amendment to Resolution 23-050 to Designate a Street Closure for the 2023 MumFeast Event.

(Ward 1) On May 23, the Board adopted a resolution to close specific streets for the operation of street cafes. Swiss Bear has recently requested that one of the approved closures dates, Sept. 29, be designated for MumFeast and that the closure be modified to begin at 5 p.m. instead of 6 p.m. It was also requested that the closure be extended to include the 400 block of Pollock Street and the entire 300 block of Middle Street. A rain date of Oct. 6 is sought. A memo from Kari Warren, Director of Parks and Recreation, is attached.

12. 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 FY2023-24 is $60,080, which reflects a federal share of $48,064, state share of $6,008, and a local share of $6,008. The local share will be provided by the jurisdictions participating in the New Bern Area MPO as follows: New Bern $3,333.24; River Bend $356.88; Trent Woods $489.05; Bridgeton $50.47; and Craven County $1,778.37. A memo from Deanna Trebil, MPO Administrator, is attached.

13. Consider Adopting a Resolution Establishing a Municipal Service District (“MSD”) Advisory Committee.

(Ward 1) A resolution establishing a MSD Advisory Committee was presented to the Board at its Aug. 22 meeting. After some discussion, the Board requested the number of Ex-Officio members be increased from four to five to provide for an at-large appointment from the Board of Aldermen, and that term limits be set at two successive terms for residential members and commercial members representing the same commercial interest. The document has also been revised to specify that the Board can replace any voting member who does not attend three of the four quarterly meetings or who no longer owns real property or resides within the MSD.

14. Consider Adopting a Resolution Approving a Water and Sewer Use Agreement for 3277 Old Airport Road.

(Ward 3) The owners of 3277 Old Airport Road have requested to connect to the City’s water and sewer systems. They are planning to build a single-family residence on the property, which is currently outside of the city limits. The proposed home will have a calculated average sewer demand of 360 gallons per day, which would require a standard sewer service connection. Section 74-74 of the City’s ordinances provides that a written water and sewer use agreement be entered into to outline the roles and responsibilities of both parties in establishing service. A memo from Jordan Hughes, Director of Water Resources, is attached.

15. Consider Adopting an Amendment to Section 6.14 “Dangerous or Potentially Dangerous Dog” of Chapter 6 of the Code of Ordinances.

This ordinance amendment clarifies language with respect to a dangerous or potentially dangerous dog. It also adds a requirement for a dog owner to immediately notify New Bern’s Animal Control when a dangerous or potentially dangerous dog escapes their property or restraints. A brief memo from Chief Gallagher is attached.

16. Consider Adopting a Resolution Authorizing the City Manager to Negotiate and Execute a Contract with WithersRavenel for Civil Engineering Services.

A Request for Qualifications was issued for civil engineering services as part of staff’s administration of the NC Department of Environmental Quality’s Local Assistance for Stormwater Infrastructure Investments grant. Five responses were received and reviewed. WithersRavenel ranked the highest during the review, and staff is recommending the City Manager be authorized to negotiate a contract with this firm. Attached is a memo from Chris Seaberg, Community and Economic Development Manager.

17. Consider Adopting an Order Authorizing the Sale and Issuance of the Combined Enterprise System Revenue Bond, Series 2023 for the Sewer Improvements Projects.

As discussed at the last two Board meetings, the City is pursuing the issuance of its Combined Enterprise System Revenue Bonds, Series 2023 in the amount of $6,100,000 to finance the Northwest Sewer Interceptor Rehabilitation Phase II project and the Township 7 Sewer Improvements Phase Ill project. This resolution authorizes the issuance and sale of the bonds as well as execution of the associated financial documents. This transaction is scheduled to close on Sept. 21. A memo from Mrs. Ostrom is attached.

18. Consider Adopting a Resolution Authorizing the Execution of an Installment Purchase Contract for the 2023 Vehicle and Equipment Financing.

The financing of the purchase of vehicles and equipment was also discussed at the last two Board meetings. The proposed resolution approves and authorizes the execution of an installment financing agreement and other documents with TD Equipment Finance for a loan not to exceed $4,900,000. A memo from Mrs. Ostrom is attached.

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

This budget amends multiple funds to reflect loan proceeds for the purchase of vehicles and equipment. A memo from Mrs. Ostrom is attached.

20. Consider Adopting an Ordinance Amending the Township 7 Sewer Improvements Project Fund.

This project fund is amended to recognize proceeds from the issuance of the Combined Enterprise System Revenue Bonds, Series 2023. A memo from Mrs. Ostrom is attached.

21. Consider Adopting an Ordinance Amending the Northwest Interceptor Rehabilitation Phase II Project Fund.

This project fund is also amended to recognize proceeds from the issuance of the Combined Enterprise System Revenue Bonds, Series 2023. A memo from Mrs. Ostrom is attached.

22. Appointment(s}.

-Raymond Layton’s term on the Planning and Zoning Board expired June 30, and he is ineligible for reappointment. Alderman Kinsey is asked to make a new appointment to fill Seat 4 for a three-year term.

-Ken Daub was appointed to the Police Civil Service Board on June 27, but it has subsequently been determined he is currently ineligible to fill the seat. It is requested a new appointment be made.

-George Halyak recently resigned from the Friends of the Firemen’s Museum Board, and a new appointment is needed to fill the remainder of his term which will expire on April 22, 2025.

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.

Information provided by Brenda Blanco, City Clerk

View the meeting packet with details here and watch the meeting live on City 3 TV Video on Demand, the City of New Bern’s YouTube Channel, and Facebook page.