NOTICE: Minutes are approved at the first Board of Aldermen meeting each month and posted shortly after the meeting. The January, 2010 minutes will be approved at the February 9, 2010 Board of Aldermen Meeting.
CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
October 13, 2009
CITY HALL COURTROOM - 7:00 P.M.
300 POLLOCK STREET
1. Meeting opened by Mayor T. A. Bayliss, III. Prayer by Commissioner Johnny Sampson, followed by the Pledge of Allegiance.
2. Roll Call.
Julius C. Parham, Jr.; Robert G. Raynor, Jr.; Mack L. Freeze; Joseph Mattingly, Jr.; Barbara Lee; Dana Outlaw. Absent: None. Also Present: Danny Meadows, Acting City Manager and City Attorney, Michael Scott Davis. The meeting was opened by Mayor T.A. Bayliss, III.
3. Requests and Petitions of Citizens.
Matthews Evans, of 507 Miller Street, came forward and stated his house on Miller Street had been wrongly demolished. He went on to say he did not put out any signs nor take any donations during the recent election because he wanted residents to vote their conscience. He referred to other issues in the City and then returned to the demolition of his house and his military service. Mr. Evans asked for comments/questions from the Board. The Mayor thanked Mr. Evans for his comments.
Stevie Bennett of 1312 National Avenue came forward and stated that there are two areas that give a bad look to the City, specifically, (1) a large pile of spoils taken from the Neuse River and deposited near East Front street; and (2) the fence along First Avenue in front of the Electrical Storage Yard where larger shrubs were replaced with smaller shrubs that are now dying. She also asked that people addressing the Board speak into the mic so they can be heard by all in attendance.
4. Mayor Bayliss opened a Public Hearing on the question of rezoning a 200’ x 200’ portion of a 20.4 acre tract of land off Gables Run Road, from A-5F, Agriculture Forestry to A-5, Agriculture.
The Director of Planning came forward and introduced the rezoning request. He stated that several citizens spoke in support of the rezoning at the Planning Board meeting, notices were sent to all adjacent property owners, the land was posted, and two notices were published in the local paper. The Planning & Zoning Board unanimously recommended the request approval of the request.
Patricia Naumann, (President of the Property Owners Association), of 41 Gables Road came forward. She spoke in favor of the rezoning request, stating that many in the area feel it will be a positive improvement for the community, and that the owner/applicant and the POA have agreed on buffering for the proposed site.
Jay Bradley, owner/applicant, 401 Ives Avenue, New Bern, came forward and discussed the agreement with the POA for development of the site. The proposed use is to be a residence for the caretaker of the equestrian facility. Insurance requirements demand that the caretaker live on-site. He further discussed the deed restrictions and agreements made with the POA.
Jean West came forward and said she was the high bidder on an adjacent 5.33 acre parcel in front of the subject property. She asked how close the proposed residence will be to the property she is bidding on. She was shown its location on the site map.
Jay Bradley re-approached the podium to point out that a wooded area separates his parcel from the one Ms. West is bidding on.
There being no further comments on the proposed rezoning, Motion by Alderman Parham, seconded by Alderman Freeze, to close the Public Hearing. Motion carried.
Alderman Outlaw was recognized and stated that the City cannot enforce restrictive covenants, and that a manufactured home could have an impact on the community, and he hopes the community is getting what it wants.
Motion by Alderman Freeze, seconded by Alderwoman Lee, to approve the proposed rezoning. Motion carried.
*************Consent Agenda********************
Alderman Raynor made a motion, seconded by Alderman Parham to adopt all items on the Consent Agenda and upon roll call the motion unanimously carried.
5. Approve Minutes.
Alderman Raynor made a motion, seconded by Alderman Parham to adopt all items on the Consent Agenda and upon roll call the motion unanimously carried.
6. Approve Closing to Traffic a Portion of West Street from 10 AM to 3 PM October 17, 2009 for West Street Christian Church Youth Festival.
Alderman Raynor made a motion, seconded by Alderman Parham to adopt all items on the Consent Agenda and upon roll call the motion unanimously carried.
7. Approve Closing to Traffic Albemarle Court from 12 PM to 3 PM October 17, 2009 for a Community Watch Picnic.
Alderman Raynor made a motion, seconded by Alderman Parham to adopt all items on the Consent Agenda and upon roll call the motion unanimously carried.
8. Adopt Resolution Approving Change Order to Empire Construction Company for the West New Bern Regional Lift Station Project.
Alderman Raynor made a motion, seconded by Alderman Parham to adopt all items on the Consent Agenda and upon roll call the motion unanimously carried.
9. Approve Board of Aldermen Meeting Roster and Approve Holiday Calendar for 2010.
Alderman Raynor made a motion, seconded by Alderman Parham to adopt all items on the Consent Agenda and upon roll call the motion unanimously carried.
10. Budget Amendment.
Alderman Raynor made a motion, seconded by Alderman Parham to adopt all items on the Consent Agenda and upon roll call the motion unanimously carried.
11. Adopt Resolution Approving Agreement with Craven County for a Utility Easement.
Alderman Raynor made a motion, seconded by Alderman Parham to adopt all items on the Consent Agenda and upon roll call the motion unanimously carried.
12. Adopt Resolution Approving Amendment to the Industrial Park Agreement.
Alderman Raynor made a motion, seconded by Alderman Parham to adopt all items on the Consent Agenda and upon roll call the motion unanimously carried.
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13. Appointments
Alderman Mattingly made a request for anyone wishing to serve on the Appearance Commission to please contact Thurman Hardison at the City Parks and Recreation Department.
Alderwoman Lee stated she still has an appointment to the Appearance Commission and anyone interested can contact her. In addition, she moved to nominate Edward Risty to be reappointed to the Board of Adjustment. Nomination seconded by Alderman Parham. Motion carried.
Alderman Freeze stated the Appearance Commission has had a positive impact on the appearance of the City and that it is important work that required time and dedication. He also mentioned that the City has a horticulturist in the Parks and Recreation Department who can help advise citizens on the selection of tree species.
Alderman Outlaw had no appointments. Alderman Raynor had no appointments.
Alderman Parham moved to nominate Tom Hardin to another term on the Board of Adjustment. Nomination seconded by Alderman Raynor. Motion carried.
14. Miscellaneous
Alderman Mattingly commended Susan Moffat-Thomas and Swiss Bear on a great Mum Fest celebration; he stated that many times people complain about not having anything to do and encouraged those people to come out to the Habitat Blitz Build on Saturday and Sunday, October 17-18.
Alderwoman Lee reminded everyone that they can volunteer in many different ways to assist Habitat in its housing goals.
Alderman Freeze asked for a progress report on Broad Street. Acting City Manager Meadows responded, saying the improvements are becoming more and more obvious; the street work is still on schedule for completion by the end of November; and, the electric work for the new services may be delayed to as late as April or May but it can be conducted outside the travel lanes and will not impede traffic.
Alderman Outlaw stated there were several issues raised in the recent campaign such as water, sewer and electric rates and insurance for retired aldermen and that he wished to speak concerning insurance coverage for the Board of Aldermen approved in 2003. Alderman Outlaw stated the provision of insurance for Aldermen who had served in excess of 16 years was approved at a budget meeting in June, 2003 and he does not think the potential cost to the City was calculated at that time. He cited cost estimates provided by City staff on projected expenses that could be incurred for three retiring Board members. He cited a similar issue in Chapel Hill and read newspaper clippings on the subject. He said it is a lot of money and he does not think the City should be providing maximum benefits for retiring elected officials. He yielded for comments from other Board members.
Alderman Raynor stated he felt ambushed by Alderman Outlaw’s comments; he questioned the accuracy of the cost estimates as presented. He said the actions of Alderman Outlaw in this regard were mean-spirited, vindictive, and showed a lack of respect for fellow Board members. Alderman Raynor spoke of contributions to the growth of the City and said other cities provide similar benefits for elected officials.
Mayor Bayliss stated the insurance issue came up in 2003, and that personally he does not agree with it, but that extrapolating numbers as done in the estimates provided by Alderman Outlaw can distort the picture and is not a fair way of looking
at an issue. He said the issue should be reviewed closer in a calmer time. He asked if Acting City Manager Meadows could shed some light on how the insurance coverage came about. Mr. Meadows said City Manager Bill Hartman had made a presentation about insurance coverage and the effect it had on the hiring and retention of City employees, and made recommendations at that time, for adding such a program to City policy. During the same presentation, he presented an option for the Board’s consideration and later vote that provided this same health care coverage for Board members meeting certain requirements.
Comments were exchanged between Aldermen Outlaw, Parham and Raynor, about the way in which this issue was coming up. Alderman Outlaw yielded to Alderman Mattingly who stated he does not need the coverage and that this is the second time he has been challenged about health care coverage provided by the City. He said Alderman Outlaw is trying to “nail me to the wall,” and in his opinion, Alderman Outlaw has done much to
discredit the Board instead of trying to work together. He said he resents the allegations that he is a double- or triple-dipper.
Alderman Raynor said the numbers are not accurate and he is sorry his classmate took this time to bring up the matter. Alderwoman Lee said she does not understand the motives for the anger and venom; she wishes the Board would work together for the benefit of the City.
Alderman Outlaw stated he is not angry that this is a business decision. Alderman Outlaw moved to rescind the portion of the ordinance adopted in June 2003 that provided the insurance coverage for retiring Board members having served 16 years. Acting City Manager Meadows reminded everyone that such a motion could not be entertained at this time but could be put on the agenda for the next meeting. Alderman Outlaw moved that an ordinance be considered at the next meeting (October 27) to rescind the portion of the June 2003 ordinance that provided the insurance coverage for elected officials. The motion died for lack of a second. Mayor Bayliss commented that this issue can be considered at a subsequent meeting before or after the new Board is seated.
Alderman Freeze had no miscellaneous comments. Alderman Raynor had no
miscellaneous comments.
15. City Attorney’s Report.
Nothing.
16. City Manager’s Report
The Board nominated Max Freeze as the delegate and Julius Parham as the alternate to the 2009 League of Municipalities Convention on a motion by Alderman Raynor, seconded by Alderman Outlaw. Motion passed.
Mr. Meadows further stated that the vice president of the Historic Riverside Association is requesting closure of a portion of River Drive and High Street for a block party. Motion by Alderwoman Lee, seconded by Alderman Freeze. Motion carried.
Mr. Meadows stated that since the new City Manager and new City Clerk will not be hired until the new Board takes office, he would like for the Board to appoint Sue
Hardison as City Clerk so he will not have the conflict of attesting his own signature serving as both Acting City Manager and Deputy Clerk. Motion by Alderman Freeze, seconded by Alderwoman Lee. Motion carried.
Mr. Meadows informed the Board that he has contacted the winning candidates from last week’s election and will be holding an orientation with Department Heads on October 21.
Alderman Freeze recommended that all newly elected officials take advantage of the University of North Carolina Institute of Government class for newly elected officials as he and others have found it to be a very helpful start for new Board members.
17. Adjourn.
Motion by Alderman Freeze, seconded by Alderman Raynor, to adjourn. Time being 8:15 p.m. Motion carried.
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Mayor
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City Clerk
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CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
October 27, 2009
CITY HALL COURTROOM - 7:00 P.M.
300 POLLOCK STREET
1. Meeting opened by Mayor T. A. Bayliss, III. Prayer by Commissioner Johnny Sampson, followed by the Pledge of Allegiance.
2. Roll Call.
Julius C. Parham, Jr.; Robert G. Raynor, Jr.; Mack L. Freeze; Joseph Mattingly, Jr.; Barbara Lee; Dana Outlaw. Absent: None. Also Present: Danny Meadows, Acting City Manager and City Attorney, Michael Scott Davis. The meeting was opened by Mayor T.A. Bayliss, III.
3. Introduction of New Employees and Acknowledgment of Promotions.
Jon Rynne, Utilities Director, introduced Joe Willis as a new third class line worker with the Department.
4. Presentation of Marvin Collins Planning Award.
Annette Stone, City Planner, was recognized and presented the N.C. Chapter of the American Planning Association’s 2009 Marvin Collins Award to the City. This award recognizes excellence in local planning efforts and is in recognition of local efforts to obtain a local bill authorizing the City to deny the demolition of historically significant properties. Nancy Hollows was recognized and thanked the many participants in the effort including our local legislators, Board of Aldermen, city staff and attorney, members of PLAT, and other citizens. Senator Jean Preston came forward and stated that she was pleased to have been involved in this effort. She was followed by Representative Alice Underhill who stated it was an honor to represent the city and to work with such knowledgeable and conscientious staff and citizens.
5. Presentation of Update from the 300th Committee.
Nelson McDaniel, Chairman of the 300th Committee, came forward and stated the success of the 300th effort thus far is an example of what people can do when they work together. He wished to personally thank the Board of Aldermen for their insight and understanding of the benefits associated with such an effort. He presented the official poster for the 300th to each of the Aldermen and talked about some of the recent accomplishments of the Committee which included: a Bern/New Bern Historical Exhibit; Judge Flanagan’s efforts to renovate the Federal Courthouse; UNC- TV documentaries on 300th activities and the dedication of a work by the Director of the N.C. Symphony for the Juneteenth celebration. He closed by stating they had received over $300,000 in cash and in-kind gifts thus far and greatly appreciated the community’s support. Alderman Freeze commented he was surprised by the number of compliments he received about New Bern’s accomplishments at the recent League of Municipalities Convention.
6. Sewer Report by City Engineer.
The City Engineer was out due to an illness and there was no report.
********************CONSENT AGENDA*********************
Alderman Outlaw made a motion that Items 7 and 8 on the Consent Agenda be adopted but that Item 9 be pulled for discussion. Alderman Freeze seconded the motion and upon roll call vote it was unanimous.
7. Adopt Resolution Authorizing CAMA Contract for Pollock Street to Union Point Park Waterfront Walkway.
Alderman Outlaw made a motion that Item 7 on the Consent Agenda be adopted. Alderman Freeze seconded the motion and upon roll call vote it was unanimous.
8. Adopt Resolution Approving Service Mark and Trademark License Agreement for the 300th Committee and New Bern Celebration.
Alderman Outlaw made a motion that Item 8 on the Consent Agenda be adopted Alderman Freeze seconded the motion and upon roll call vote it was unanimous.
9. Adopt Resolution Approving Agreement with NCDOT for Landscaping Improvements.
Alderman Outlaw asked if contract provisions for relocating improvements during tree planting and the City’s obligation to maintain the plantings posed a possible problem for the City. Acting City Manager Meadows stated the provisions were standard contract language and did not see where they would pose any danger to the City. He further stated the money came from stimulus funding and the City was fortunate to receive it. A motion by Alderman Outlaw to approve the Resolution, seconded by Alderman Freeze and upon roll call vote was unanimous.
****************
10. Appointments.
Alderman Mattingly and Alderwoman Lee stated they were still looking for a volunteer for the Appearance Commission. There were no other appointments.
11. Miscellaneous.
Alderman Mattingly quoted turn out versus registration figures for the last election and encouraged everyone to get out and vote next Tuesday.
Alderwoman Lee stated she wanted to make everyone aware that funding for weatherization improvements is available through the HUD office (Twin Rivers Opportunities).
Alderman Freeze stated he received many positive comments about New Bern’s Downtown Economic Development successes at the recent League of Municipalities.
Alderman Outlaw read from a letter by Dave McCracken, President of the Neuse River Foundation, encouraging the City to take a more active role in trying to find an answer to the recent fish kills. Mr. McCracken’s letter requested a meeting with the City to discuss the issue.
Jon Rynne was asked to remind everyone of the City’s Energy Conservation Services for citizens. Mr. Rynne stated the City has an energy management representative that can assist citizens with these issues including energy audits.
12. Attorney’s Report.
Nothing.
13. City Manager’s Report.
Nothing.
14. Adjourn.
Alderman Parham made a motion to adjourn, seconded by Alderman Raynor time being 7:43 p.m.
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Mayor
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City Clerk
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CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
NOVEMBER 3, 2009
CITY HALL COURTROOM - 7:00 P.M.
300 POLLOCK STREET
1. Meeting opened by Mayor T. A. Bayliss, III. Prayer by Rev. Johnny Clark, Gospel Outreach Church, followed by the Pledge of Allegiance.
2. Roll Call. Robert G. Raynor, Jr.; Mack L. Freeze; Joseph Mattingly, Jr.; Barbara Lee; Dana Outlaw. Absent: Julius C. Parham, Jr.; Also Present: Danny Meadows, Acting City Manager and City Attorney, Michael Scott Davis. The meeting was opened by Mayor T.A. Bayliss, III.
3. Report on Mumfest.
Susan Moffat-Thomas, Executive Director of Swiss Bear, came forward and thanked the Board and city staff for their support of Mumfest which has grown steadily over the years. She stated the success of Mumfest and it’s impact on the area could not have happened without the partnership of the City. Ms. Moffat-Thomas further stated that the Broad Street improvements, the new Trent River Bridge, recent Brownfield’s Grant, and Five Points efforts are all part of an overall plan that will improve our gateways for the 300th and beyond. She then passed out Mumfest T-shirts to the Mayor and Board of Aldermen. Mayor Baylss asked how the narrowing of Broad Street had affected the festival. Ms. Moffat-Thomas stated that it had worked well and once again she appreciated the help of the City.
4. Requests and Petitions of Citizens.
Matthew Evans, owner of 507 Miller Street, came forward and stated that his house at 507 Miller Street had been torn down erroneously without an Ordinance being adopted. He then went on to criticize the health care plan for retired Board Members and the City’s plans to purchase the Insomnia Club on Hwy. 55. Mr. Evans showed pictures of his house and city employees during the demolition. Mayor Bayliss stated many may not be familiar with the history of 507 Miller Street and asked City Attorney Davis to go over a chronological order of events. Attorney Davis went over a brief history of Miller Street and the agreements signed by Mr. Evans and the City. An Ordinance was not required because Mr. Evans had signed an agreement with the City consenting to the demolition of the house if he failed to meet the terms of the agreement, which he failed to do. Attorney Davis encouraged Mr. Evans to seek an attorney’s assistance which he felt would clarify matters for Mr. Evans. Mr. Evans then stated the City was violating it’s Ordinance, that it was also planning to build walls along Broad Street to wall off the Five Points Community and wanted to know if the Mayor was going to bring Chief Building Inspector Johnny Clark forward to speak. Mayor Bayliss informed Mr. Evans that his time for comments was up.
Terry Startsman, 210 Change Street, came forward stating he was representing a group of concerned citizens. He thanked the outgoing Board Members hoping they would be well remembered and stating they could help insure that by revoking the extended health care benefit for elected officials approved in 2003. Mr. Startsman had a gentleman with him that brought forth a petition calling for the revocation of the benefit. Mr. Startsman stated there were two issues, one that the Board had given themselves a perk that city employees did not get and two that the discussion of the insurance issue at the meeting had not been announced ahead of time. He then had a hand out distributed to the Board that contained minutes and other information pertaining to the vote on the benefit. Mayor Bayliss stated that the item was not on the agenda but was brought up by the City Manager under general discussion and that the benefits issue is not new this year but was brought up four years ago during the last election. There were several exchanges between Mayor Bayliss, Mr. Startsman and Alderman Raynor about the minutes of the 2003 meeting and how they had been portrayed. Alderman Outlaw commented on the benefit issue and noted that a final vote on rescinding the benefit could not be made at this meeting but would have to be held over for two weeks so that an Ordinance could be prepared. He then asked why the Board did not have to wait two weeks when they adopted it in 2003. Mayor Bayliss asked Alderman Outlaw what he was looking for and what he wanted to do about the issue. Alderman Outlaw stated he wanted an Ordinance to be drawn rescinding the 2003 action that could be voted on in two weeks, but that he did not know if that was the correct way to go about doing it. He asked the City Attorney about the procedures followed in the 2003 vote. Attorney Davis stated he would be glad to go back and research the documents and talk with the people who were present at the meeting since he was not there nor did he draft the 2003 Ordinance. Mr. Startsman came forward on a point of information stating that it looked like the Ordinance was signed on the day of the meeting in 2003. Mayor Bayliss once again turned to Alderman Outlaw and asked him what he would like to do at this point and Mr. Outlaw stated he would like to hear from others in attendance.
Lisa Baysden came forward and stated she had gone door to door getting signatures for the petition and that a lot of people were very angry and that it was not right what the Board had done voting the benefit for themselves.
Anthony Bonnici of 512 Jefferson Avenue came forth and stated that non verbal communication says a lot and that Alderman Raynor’s kicking back in his recliner and not accepting the handouts was not right and that the Board of Aldermen should set an example for the citizens. He stated he had worked with many city employees and had no problems. He stated citizens had sent a message that they were tired and then asked the Board Members if an Alderman was an employee, servant or what. The Mayor and some Board Members responded that technically they weren’t sure but thought of themselves as servants of the people. Mr. Bonnici stated that the City Ordinances should apply the same to the employees and Board Members and that he understood from Mr. Meadows that the Board of Aldermen were not employees. He then asked if someone in the audience would give him their four minutes so he could continue speaking. Alderman Freeze stated that he always explained the Board of Aldermen’s role as being like a Board of Director’s for a business. Mr. Bonnici then stated that the Mayor’s comments about not remembering all the details of the 2003 action were not appropriate as he is the head of the city government and ultimately responsible for all actions. Mr. Bonnici then asked the City Attorney if the elected officials were employees or not. Attorney Davis then stated, in his opinion, elected officials are not employees. Alderman Outlaw made a motion that the petition to revoke the action adopting the Health Insurance Benefit for retired elected officials be put on the agenda for a vote in two weeks. The motion died with lack of a second. Mayor Bayliss then asked if there were any more request and petitions of citizens, hearing none he continued to the Consent Agenda.
*************CONSENT AGENDA************
Alderman Freeze asked that item 6 be pulled from the Consent Agenda for discussion. Motion to adopt the Consent Agenda was made by Alderman Raynor and seconded by Alderwoman Lee and was unanimously carried.
5. Approve Minutes.
Alderman Raynor made a motion to adopt the minutes, seconded by Alderwoman Lee and on roll call vote was unanimous.
6. Adopt Resolution Awarding AMEC Earth and Environmental a Contract to Administer the 2009 City of New Bern Brownfield’s Assessment Grant.
Mayor Bayliss then recognized Alderman Freeze relative to item 6. Alderman Freeze stated he was very concerned about the environment but felt it might be best for this item to be handled by the incoming board. Alderman Freeze made a motion to table the consideration, seconded by Alderman Raynor. Alderman Outlaw asked for clarification on item 6 and was informed the grant does not require a local match, it is totally federally funded and the action requested of the Board under item 6 is solely the selection of the consulting firm to help administer the grant. Alderman Outlaw then made a substitute motion to approve item 6 as presented, seconded by Alderwoman Lee and on roll call vote all voted yes except Alderman Freeze who voted no.
7. Approve Refund of Taxes.
Alderman Raynor made a motion to refund taxes, seconded by Alderwoman Lee and on roll call vote was unanimous.
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8. Appointment(s).
Alderman Jay Mattingly nominated Bobby Boyd of Phillips Avenue to serve on the Appearance Commission. The Board unanimously approved the nomination.
Alderwoman Lee stated she was still looking for a volunteer to serve on the Appearance Commission.
9. Miscellaneous.
Alderman Outlaw stated when he first got on the Board he was told of the importance to keep personal issues at home and not in the public arena. However, he stated there had been a lot of talk about where his domicile is and whether or not he is in violation of any Craven County Board of Elections laws dealing with residency. In order to address these concerns Alderman Outlaw invited the Board and anyone else who would like to come to a punch and cookies event at his home, 4921 Morton Road, this coming Sunday. He further stated that following the punch and cookies, attendees were invited to join he and his family at their Jones County Farm.
Mayor Bayliss closed the meeting by stating he apologized to those who feel he took certain things said personally, he is not asking to be cut any slack but just wants people to have understanding.
10. Attorney’s Report.
None.
11. City Manager’s Report.
None.
12. Adjourn.
Motion to adjourn was made by Alderman Freeze, seconded by Alderman Raynor, unanimously carried time being 8:11 p.m.
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Mayor
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City Clerk
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CITY OF NEW BERN
BOARD OF ALDERMEN
WORK SESSION
NOVEMBER 17, 2009
CITY HALL COURTROOM -6:00 P.M.
300 POLLOCK STREET
Meeting opened by Mayor Pro Tem Max Freeze with the following members present:
Roll Call: Aldermen Julius C. Parham, Jr.; Robert G. Raynor, Jr.; Alderwoman Barbara Lee; Joseph E. Mattingly, Jr.; and Dana E. Outlaw. Mayor T.A. Bayliss, III, absent. Also present for the meeting was Alderman Elect White, Kinsey and Bucher (arrived late from another meeting) and Alderwoman Elect Sabrina Bengel.
1. Discuss Sewer Issues.
Acting City Manager Danny Meadows advised the Board that this session would serve to answer previous questions raised by the sitting Board and give the Board Elect an overview of the “Havelock Sewer Agreement” deliberations which have been ongoing for the last 2+ years. Mr. Meadows advised there would be no action requested on this item, but with this information session and further updates to the Board, this item would be addressed in a January 2010 Work Session to determine if we need to go forward with the formalization of an agreement with Havelock.
City Attorney Scott Davis provided a hand-out to all present setting forth staff’s findings regarding previous questions raised by the Board. Mr. Davis went over eleven points of the Havelock sewer terms. He also advised that McGladrey and Pullen had been retained to study the proposal rates, and terms of the agreement to determine whether this agreement would impact negatively on our existing system capacity, user rates and future expansion needs. Their findings were: the agreement appears to be beneficial for both parties, should not adversely impact current operations or users and that if handled correctly the capital payments and excess sewer charges beyond regular city rates could benefit the system and users at the time expansion of the plant is required.
Mayor Pro Tem Freeze spoke about the state and federal trend toward encouraging regionalization and the very nature of this agreement lends itself to a form of regionalization. Alderman Outlaw questioned if there were adequate sewer capacity and it was explained that at this time sewer capacity was not an issue. At this time, the capacity of our plant is projected to last another 10 to 15 years before a need for expansion. Mr. Meadows and Mr. Davis did point out that distribution capacity in the Township 7 area would be at a maximum within the next 5 to 7 years but plans for addressing pumping effluent to the plan are underway and a presentation on those plans would be presented in the early part of 2010. With other general conversation regarding this matter from all those present, the presentation was concluded with an assurance of further information regarding the proposal agreement being forthcoming and setting the Work Session to be held in January 2010 for further discussion and hopefully a decision on whether to move forward or abandon the agreement.
2. Miscellaneous.
Acting City Manager Danny Meadows advised the Board that he had been asked to expedite the acceptance for maintenance of several streets in the Carolina Colours Subdivision. He assured the Board the streets had been constructed to required standards, inspected and he was recommending their acceptance. He further noted that the streets would have a one year warranty, from this date, wherein any failures or defects would be the responsibility of the developer. Motion to accept the streets for maintenance by the City of New Bern was made by Alderman Raynor, seconded by Alderman Parham and upon voice vote was unanimously carried.
Mayor Pro Temp Max Freeze advised the Board that the City of New Bern would be receiving an award from the National Night Out Organization, recognizing the City’s efforts toward encouraging a partnership between government and citizens in fighting crime.
Having no other business, a motion to adjourn was made by Alderman Parham, seconded by Alderman Raynor and the meeting adjourned at 7:10 p.m.
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Mayor Pro Tem
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City Clerk
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CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
NOVEMBER 24, 2009
CITY HALL COURTROOM - 7:00 P.M.
300 POLLOCK STREET
1. Meeting opened by Mayor Pro Tem Max Freeze. Prior to proceeding with other items on the agenda, Mayor Pro Tem Freeze commented on the recent death of City Engineer, David Muse. He said David’s personality, ability and leadership will be missed. He accomplished many major projects for the City during his tenure including a major expansion of the Waste Water Treatment facilities and a new Water Treatment Facility. The City will be installing a bronze plaque at the new Water Treatment Plant honoring Mr. Muse and his contributions to the City. Mayor Pro Tem Freeze then read a Resolution honoring Mr. Muse and his contributions to the City. A motion to adopt the Resolution was made by Alderman Raynor, seconded by Alderman Mattingly with roll call vote and was unanimously adopted. Mayor Pro Tem Freeze then recognized Commissioner Johnny Sampson to offer the opening prayer followed by the Pledge of Allegiance.
2. Roll Call. Present: Robert G. Raynor, Jr.; Mack L. Freeze; Julius C. Parham, Jr.; Joseph Mattingly, Jr.; Barbara Lee; Dana Outlaw. Absent: Mayor T. A. Bayliss, III who was in England on his way to Switzerland for 300th activities on behalf of our city; Also Present: Danny Meadows, Acting City Manager and City Attorney, Michael Scott Davis.
3. Update on First Night.
Janet Lamb and Beth Atkinson were recognized to give an update on the First Night preparations kicking off the 300th celebration. Ms. Lamb stated they had been working on the First Night celebration for three years and thanked the Board for their support. Ms. Atkinson gave an update of the History Bowl that will include nine teams and several events prior to the final round in September 2010. Ms. Lamb gave an overview of information provided to the Board including the availability of “First Night Buttons” which will be used to gain access to more than thirty events.
4. Introduction of New Employees.
Police Chief Polombo was recognized and introduced two new employees. Patricia E. Woolls, Telecommunicator and Matthew Pilkington, Police Officer.
5. Sewer Report by City Engineer.
Mayor Pro Tem Freeze stated there would not be a sewer report this evening.
6. Adopt Resolution Accepting Bid of Brydge & Lee, Inc for the Stanley White Renovation Project.
Mayor Pro Tem Freeze stated item #6 would be pulled for consideration tonight.
Alderman Parham made a motion to adopt the consent agenda, with the exception of item #12, seconded by Alderman Raynor. Upon roll call vote it was unanimously approved.
************CONSENT AGENDA*****************
7. Adopt Resolution Approving Change Order to A. C. Schultes of Carolina , Inc. for the Water Treatment Plant Project.
Alderman Parham made a motion to adopt this Resolution, seconded by Alderman Raynor and upon roll call vote was unanimously approved.
8. Adopt Resolution Approving Change Order to State Utilities Contractors, Inc. for the Water Treatment Plant Project.
Alderman Parham made a motion to adopt this Resolution, seconded by Alderman Raynor and upon roll call vote was unanimously approved.
9. Adopt Resolution Accepting Bid of STEP Construction for Phase II of the Neuse Boulevard Water Main Replacement Project.
Alderman Parham made a motion to adopt this Resolution, seconded by Alderman Raynor and upon roll call vote was unanimously approved.
10. Adopt Resolution Approving Bid of James L. Cayton Utilities, Inc. for the N. C. History Education Center Utility Improvement Plant.
Alderman Parham made a motion to adopt this Resolution, seconded by Alderman Raynor and upon roll call vote was unanimously approved.
11. Adopt Resolution Authorizing the Mayor to Sign a Construction Easement for the Simmons Street Stormwater Project.
Alderman Parham made a motion to adopt this Resolution, seconded by Alderman Raynor and upon roll call vote was unanimously approved.
12. Adopt Resolution Calling for a Public Hearing to Consider Conditional Use Permit for a Water Tank at 4975 Wilcox Road.
A motion by Alderman Parham seconded by Alderman Raynor to change the date of the Public Hearing on the conditional use permit from December 8, 2009 to January 12, 2010 was approved and on roll call vote was unanimously approved.
13. Adopt Budget Amendments.
Alderman Parham made a motion to adopt these Ordinances, seconded by Alderman Raynor and upon roll call vote was unanimously adopted.
14. Approve Closing of a Portion of Pollock Street to Traffic on Thursday, December 3, 2009, for Christ Episcopal Church 2nd Community Carol Sing.
Alderman Parham made a motion to approve the closing, seconded by Alderman Raynor and upon roll call vote was unanimously approved.
Alderman Mattingly requested to make a comment on the consent agenda. He stated the items on this evening’s consent agenda shows us just how valuable David Muse was. Water and Sewer facilities affect us all on a daily basis and he ask that everyone keep Mr. Muse’s family in their thoughts and prayers.
************************************************
15. Appointments.
Alderwoman Lee was recognized and nominated Trent Jarman to serve on the Appearance Commission. A motion by Alderwoman Lee, seconded by Alderman Parham was made to appoint Mr. Jarman. Motion carried.
16. Miscellaneous.
Alderman Mattingly was recognized and stated he had tried to contact Mayor Elect Bettis following the election but could not locate a phone number. He encouraged the Mayor to publish a phone number to be more accessible to the public.
Alderman Outlaw was recognized and stated that he wanted to lift up the Muse family and that it was a beautiful ceremony today. He stated he appreciated Mr. Muse’s contributions in helping the new members understand water and sewer issues.
17. Attorney’s Report.
Attorney Davis stated he wanted to comment on what a great blessing it was to have had David Muse as a teacher and a mentor in learning how water and sewer systems operate.
Alderwoman Lee added commented on how important Mr. Muse had been in helping her understand water and sewer systems and his always being willing to take time for Board Members.
18. City Manager’s Report.
Acting City Manager Meadows stated it had been an honor to work with Mr. Muse. His abilities and desires to do the right things were exceptional. He was beside Mr. Muse when he died and was inspired with the way he lived his final moments. Mr. Muse’s actions and how they affected others will live on for many years. He thanked the Board for the plaque and the Resolution in Mr. Muse’s honor. He then informed everyone that he had appointed Jordan Hughes, Acting City Engineer. He asked that city staff and the Muse family be remembered as we move forward without David.
Mayor Pro Tem Freeze commented on the laughter at the funeral when stories were told about how Mr. Muse had brought joy to others lives. He stated that Mr. Muse loved golf and was buried wearing his favorite Masters golf shirt. Mayor Pro Tem Freeze informed everyone that the Mayor had arrived safely in England on his way to Switzerland for 300th related activities. Mayor Pro Tem Freeze stated that the N.C. Department of Commerce had notified the City that we had won an award for “Best Public/Private Partnership” for the Broad Street and Trent River Bridge Projects. The City will receive its award at the annual N. C. Main Street Conference in New Bern, N.C. on January 28, 2010.
19. Adjourn.
A motion was made by Alderman Raynor and seconded by Alderman Parham to adjourn, time being 7:35 p.m.
___________________________
Mayor
__________________
City Clerk
RETURN TO TOP
CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
DECEMBER 8, 2009
CITY HALL COURTROOM - 7:00 P.M.
300 POLLOCK STREET
1. Meeting opened by Mayor Pro Tem Max Freeze. Prayer by Russ Whittaker of First Church of Christ Scientist. Pledge of Allegiance.
2. Roll Call. Robert G. Raynor, Jr.; Julius C. Parham, Jr.; Joseph Mattingly, Jr.; Barbara Lee; Dana Outlaw. Absent: Mayor T. A. Bayliss, III, who is still in Switzerland representing the City of New Bern for the 300th Celebration. Also Present: Danny Meadows, Acting City Manager and City Attorney, Michael Scott Davis.
Mayor Pro Tem Max Freeze took a moment to recognize former Mayor Ella J. Bengel who was in attendance at the meeting.
3. Approve Minutes.
A motion was made by Alderman Parham, seconded by Alderman Raynor to approve the minutes. Motion carried.
4. Appointments.
Mayor Pro Tem Freeze nominated Mary Harris on behalf of Mayor Bayliss, who was absent, to the 300th Celebration Committee, seconded by Alderman Mattingly. Motion carried.
5. Miscellaneous.
Alderman Mattingly thanked each of the Board Members he had served with and commented on how they had helped him over the years. He continued to express his appreciation to Bill Hartman, former City Manager; Danny Meadows, Acting City Manager; Scott Davis, City Attorney and Department Heads and staff. He then wished a Merry Christmas and Happy 2010 to everyone.
Alderwoman Barbara Lee invited everyone to a Greater Duffyfield Community Party on December 21, 2009 at the Stanley White Recreation Center. She expressed confidence in her successor, stated she would not be far away, and recognized former Mayor Ella Bengel as her inspiration.
Alderman Outlaw stated it was a pleasure and honor to serve, that he appreciated the patience shown by his fellow board members during his first term and wished them all well.
Alderman Raynor stated he had been an Alderman for twenty-four years, that he had greatly enjoyed the position and mentioned several significant projects that were completed during his tenure. He stated the important thing is making government work for the citizens, wished everyone well and thanked those who had voted for him.
Alderman Parham thanked those who had supported him over the past twenty years including city staff. He stated that in handing over the reigns to the new Board, he hoped we would all work together to accomplish great things for the City.
Mayor Pro Tem Freeze stated this was the end of an era, a beginning of another, and that we all came to New Bern for different reasons. Mr. Freeze then gave a brief history of the City from 1984 to present to help put things in perspective and help everyone understand how much things had changed in the past twenty-five years. He wished the new Board well and encouraged them to be involved not only locally but at the state and federal level. He closed by saying he had a date with Bee, his wife, to travel and enjoy their free time.
6. Sine Die Adjournment.
Mayor Pro Tem Freeze then announced the meeting was in adjournment, sine die. Time being 7:30 P.M.
________________________
Mayor
__________________
Clerk
RETURN TO TOP
CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
DECEMBER 8, 2009
CITY HALL COURTROOM - 7:00 P.M.
300 POLLOCK STREET
1. Administration of Oath of Office to Lee Wilson Bettis, Jr.
Judge Benjamin Alford came forward to administer the oath of office. He commented on how proud he was that our form of government provided for peaceful transfers of power. He then proceeded to swear in Lee Wilson Bettis, Jr., as Mayor. Mayor Bettis then thanked Judge Alford for his service and noted that Judge Alford had also sworn him into the N. C. Bar six years earlier.
2. Administration of Oath of Office to Aldermen.
Mayor Bettis called Sabrina Bengel forward, accompanied by her family and friends, administered the oath of office and extended his congratulations.
Mayor Bettis called Victor Taylor forward, accompanied by his family and friends, administered the oath of office and extended his congratulations.
Mayor Bettis called Dennis Bucher forward, accompanied by his family and friends, administered the oath of office and extended his congratulations.
Mayor Bettis called Johnnie Ray Kinsey forward, accompanied by his family and friends, administered the oath of office and extended his congratulations.
Mayor Bettis called Dana Outlaw forward, accompanied by his family and friends, administered the oath of office and extended his congratulations.
Mayor Bettis then called Mr. Bernard White forward, accompanied by his family and friends, and turned over the administration of oath responsibilities to Yvonne Downing-Armond (Notary Public) who administered the oath to Mr. White.
3. Meeting opened by Mayor Lee Bettis, Jr. Prayer by Rev. Reginald Midgette of West Street United Church of Christ. Pledge of Allegiance.
4. Roll Call. Mayor Lee Bettis, Jr.; Aldermen Sabrina Bengel; Victor J. Taylor; Dennis K. Bucher; Johnny Ray Kinsey; Bernard W. White; and Dana Outlaw. Also Present: Danny Meadows, Acting City Manager and City Attorney, Michael Scott Davis.
5. Comments by Board Members.
Alderman Bengel thanked her family, who were in attendance, along with her friends and supporters and stated that she was here to serve and she counted it an honor and privilege to do so.
Alderman Taylor thanked God and those who supported him and stated he would be there for the citizens of his ward. He stated he looked forward to working with the Department Heads and again thanked everyone.
Alderman Bucher thanked his family and those who helped with his campaign. He stated New Bern was a great city and that he wanted to thank the outgoing Board for their years of service. He then asked God to grant the Board wisdom and the strength to do the right thing.
Alderman Kinsey gave God the glory and thanked his wife and sponsors for their support in his campaign and that he was here to serve.
Alderman White thanked his family and supporters along with others who came before him. He stated he was born and raised in New Bern and thanked those who had voted for him. He said the City had always worked along with him and he believed in competition and wanted to bring business to the area.
Alderman Outlaw thanked everyone for their support, congratulated the outgoing Board and stated he wanted to uplift his late mother and father, and his wife and children.
Mayor Bettis asked his family to stand and be recognized. He then welcomed the new Board, thanked Danny Meadows and Dawn Heller for their assistance during the transition and expressed his appreciation to his family, friends, supporters and business (Emmanuel & Dunn). He stated it had been a half century since J.F. Kennedy stated “the torch has been passed”. “Today is a new day”, he said. “It is a day of open doors and boundless opportunities”. Mayor Bettis stated these are not easy times with high utility rates, the jobs and real estate climate, the need to right size city government, but history is on our side. He continued that the City has dealt with adversity and opportunity in meeting her challenges over the years and that he wanted to invite former Mayor Bayliss to work with him on the 300th Celebration. Mayor Bettis then announced tonight’s meeting would reconvene Thursday evening, December 10, 2009, at city hall at 6:30 p.m. with representatives from the N.C. League of Municipalities. He also noted there will be an Open House on Saturday, December 12, 1009, at city hall from 10:00 a.m. .to 2:00 p. m. The Open House will give citizens an opportunity to see some of the upcoming ideas and activities proposed by the new Board including a “Citizen’s Academy”. He closed by saying “it is time for us all to come together and while we can disagree we should not be disagreeable”. Mayor Bettis then called for a thirty minute recess for a planned reception.
6. Reception.
Mayor Bettis reconvened the meeting at 8:57 P.M.
7. Appointment of City Manager, City Finance Director, City Attorney, City Clerk, and City Tax Collector.
Mayor Bettis called forward Danny Meadows, City Manager; Mary Muraglia, City Finance Director; Scott Davis, City Attorney; and Sue Hardison, City Clerk for the administration of the Oath of Office. Mayor Bettis then swore them in and extended congratulations.
Mayor Bettis then called forward Donna McCoy, Tax Collector, for the administration of the Oath of Office. Mayor Bettis then swore her in and extended congratulations.
8. Appointment of Mayor Pro Tem.
Mayor Bettis made a motion to nominate Alderman Bucher to be Mayor Pro Tem, seconded by Alderman Bengel. Motion carried.
9. Request and Petitions of Citizens.
Matthew Evans, of Miller Street, was recognized and stated that his house had been illegally demolished without a Demolition Ordinance. Mayor Bettis told Mr. Evans this issue had been previously decided, and that his most appropriate option at this time would be through the courts. He then asked if Mr. Evans had any other issues to bring before the Board. Mr. Evans stated he was concerned about discrimination against poor people in New Bern. Mayor Bettis thanked him for his comment and said it would be looked into. Mr. Evans continued to speak and following some brief exchanges Mayor Bettis once again stated the issue had been decided and asked police officers to escort Mr. Evans out.
Anthony Bonnici, 512 Jefferson Avenue, came forward and asked that the Board reapply to the State of North Carolina to have the easement at the Hilton (formally Sheraton) Marina, issued to the City of New Bern. He commented that only the City has riparian rights in the area and that the City should obtain an easement and rent out the slips. Mayor Bettis thanked Mr. Bonnici and stated he was aware of the situation and would be taking it up with the Board.
******************CONSENT AGENDA*****************
Alderman Bengel made a motion that all the Consent Agenda Items be removed from the Consent Agenda, seconded by Alderman Outlaw. Motion carried.
10. Adopt Resolution Approving Contract with Interplat Solutions, Inc.
In response to the Board’s questions, Police Chief Polombo stated the Resolution would allow the grant reimbursement to the City for an Interplat Solution Software System. He stated there would be a $3000 annual maintenance fee following grant funding and that the System would allow for more rapid processing of crime scenes and should serve the City for many years without having to be updated. A motion was made by Alderman Bengel, seconded by Alderman Kinsey to adopt a Resolution approving the Contract with Interplat Solutions, Inc. On roll call vote, it was unanimous and the Resolution was adopted.
11. Approve Final Subdivision Plan for Craeberne Forest Phase I, Section 1A.
Alderman Outlaw was recognized and stated there had been an issue with SuddenLink Service to the area and that the developer may need to get a new supplier. He expressed concern over the inability of the developer, city attorney and SuddenLink to resolve the matter and stated it may be a good time to hear from the developer, Pat McCullough. Mr. McCullough came forward and stated it was very frustrating trying to get SuddenLink to install its lines in a timely manner. Mayor Bettis asked what a timely manner was and Mr. McCullough went on to explain technical and scheduling issues in developing a residential subdivision. He said the cutting of lines has been a problem and that the approach in Craeberne worked out with the City and others was helpful, but that SuddenLink had not followed through on its obligations. Mayor Bettis, Alderman Outlaw and Mr. McCullough further discussed problems with SuddenLink and how they could be addressed, including the possibility of the City becoming a cable provider. Following additional discussion, a motion was made by Alderman Outlaw, seconded by Alderman Bengel to approve the final subdivision. Motion carried.
12. Adopt Resolution Approving Application to North Carolina Housing Finance Agency 2010 Urgent Repair Program and Authorizing Matching Funds in the Amount of $7,500.
Mike Avery, Director of Planning and Inspections, was recognized to explain the N.C Housing Finance Agency application request. Mr. Avery stated the request was for $75,000 from the Agency and $7,500 from the City to make urgent repairs to low income owner occupants with special needs. Repairs may include but are not limited to electrical, plumbing, roof, and access. The maximum amount per house is $5,000 with an estimated 18 homeowners to be treated. Avery stated the application process is very competitive and if funded the Board of Aldermen will review and approve the selection criteria to be used in determining which homes will be repaired. Following a few additional questions, a motion was made by Alderman Taylor, seconded by Alderman Bucher to adopt the Resolution. On roll call vote, it was unanimous.
After Item 12 was discussed and before going to Item 13, Mayor Bettis made a motion that the Board begin the process to limit the Mayor to two terms in office seconded by Alderman Taylor. Alderman Bengel asked if the Mayor could make a motion. Mayor Bettis stated he could under the Rules of Governance which they could discuss on Thursday. Alderman Outlaw suggested that the Board go back to the way it was before it was changed around 1998 or 1999. City Attorney Davis stated the change would require a local bill. Following this discussion, Mayor Bettis called for a vote on the original motion and it was approved unanimously.
Alderman Bengel made a motion to rescind the lifetime health benefits for elected officials that were adopted in 2003, seconded by Alderman Taylor. Alderman Outlaw asked that the benefit be amended in its entirety, Alderman Bengel accepted the amendment. Attorney Davis stated the Board could adopt the Ordinance before them, that he prepared earlier, which would delete the subsection (i) and do away with the benefits. Attorney Davis commented that retroactively changing the benefit contains some issues that would best be considered separately. Mayor Bettis asked how many Aldermen had applied for the benefits and City Manager Meadows stated to his knowledge only former Alderman Raynor and former Alderman Freeze. Alderman Outlaw stated he wanted to adopt a motion addressing past, present and future elected officials benefits. There was much discussion concerning the proper way to address the Board’s desire to repeal the benefits for elected officials involving Board Members and the City Attorney. Alderman Bengel made a motion to adopt the Ordinance prepared by the City Attorney to rescind the Ordinance adopted in 2003 establishing health care benefits for eligible retired elected officials. Alderman Taylor seconded the motion and on roll call vote, unanimously adopted the Ordinance.
Alderman Bengel stated she felt the City Attorney understood what the Board was trying to accomplish on the retroactive issue and asked the best way to proceed. City Attorney Davis stated it could be handled at the Thursday meeting which would give time to complete legal advice on the matter. Alderman Bengel and Outlaw stated they wanted the action to show today’s date. City Attorney Davis stated they could consider a motion this evening and amend if necessary at the recessed meeting scheduled for Thursday if needed. Motion by Alderman Outlaw to rescind the benefits granted under Section 54-232(i) of the group health and hospitalization insurance ordinance for the City retroactively. The motion was seconded by Alderman Bucher and on roll call vote was unanimous.
At this point, a motion was made by Alderman Bucher seconded by Alderman Bengel to recess this meeting until Thursday, December 10, 2009 at 6:30 p.m. in City Hall. Motion carried. Time 10:07 p.m.
CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
DECEMBER 10, 2009
CITY HALL COURTROOM - 7:00 P.M.
300 POLLOCK STREET
RECESSED MEETING
Mayor Bettis called the Recessed Meeting of the New Bern Board of Aldermen to order at 6:30 p.m. on Thursday, December 10, 2009.
He then recognized the League of Municipalities representatives who had been asked to attend and advise the Board on how it should proceed with selecting a new city manager.
Rob Shepherd came forward, congratulated the Board on their election and told them the League is here to help them as they go about the business of governing the City. He introduced Hartwell Wright and Lisa Kinsey of the League staff. Mr. Shepherd spoke about several common roles of the League of Municipalities and the UNC School of Government. He talked about educational and support programs including the essentials of governing and ethics. He strongly encouraged the new Board members to attend as many of the League and School of Government programs as possible.
Hartwell Wright, a Human Resources consultant with the League, came forward and began an introductory presentation on hiring a city manager. He stated there are approximately 400 professional, municipal and county manager positions in North Carolina and that at this time, there are approximately 15 municipalities looking for a manager. Wright said the better the board does its job, the better the City will compete for a manager. He referenced a League packet that had been distributed to the Board, saying there are three primary steps in the hiring process: 1) recruitment, 2) assessment, and 3) selection. There are three decisions the Board needs to make quickly: 1) identify the person or persons who will be handling the administrative process; 2) understand and determine how confidential the recruitment and selection process will be; and 3) who is going to do what in the process. Alderman Outlaw asked if most professional managers are ICMA members; Mr. Wright answered yes.
Mr. Wright stated with emphasis that, short of a major disaster, the selection of the city manager is the most important decision the Board will make in their four year term. He said it is important that the Board come together and establish a profile of what they are looking for in a city manager. Alderman Kinsey asked about the adequacy of Human Resources, the Board and a consultant to handle the process. Mr. Wright stated the Human Resources Department is well suited for the administrative phase of the search but probably not the screening part. Alderman Outlaw asked for a ballpark figure on what a consultant would cost. Mr. Wright stated it varies but probably in the $20,000+ range. Alderman Outlaw expressed reservations about spending that kind of money for consulting services. Mr. Wright emphasized that confidentiality is a key factor in the process. The applicant must be assured that their application will not become public knowledge. The profile mentioned earlier should be used as a basis for screening the applicants, and not personal preference. The Board should be careful of the words it uses. If it advertises for the position, words such as “must” can disqualify potentially good candidates. “Preferred” should be used instead which gives the Board greater flexibility. Mr. Wright said it is not unusual for this process to take six months but it is important to take as long as needed to get the right person. The salary range for a city our size, on average, is in the $120,000 - $150,000 range. Alderman Bucher asked if incentive packages, common in the corporate world are as typical. Mr. Wright said no, but it is up to the Board if they wanted to consider such packages. Mayor Bettis asked if the development of the profile by the Board is done in executive session or open session. Mr. Wright said it should be done in open session. In response to Aldermen Kinsey, Mr. Wright said a typical interview would last about two hours per candidate. Alderman Outlaw asked about the unsealing of executive session minutes where the applicants were being discussed. Mr. Wright stated they should not be unsealed due to confidentiality issues. Attorney Davis said the only appropriate way to unseal such minutes would be with the consent of those who were being discussed.
Mr. Wright said it will be extremely important to have an outside professional consultant conduct a background check of the applicant chosen before an offer is made. Alderman Outlaw asked about the advantages/disadvantages of hiring an interim city manager from the outside. Mr. Wright said a city manager from the outside could be very helpful especially in the hiring process. Mayor Bettis thanked the League representatives for their presentation.
Mayor Bettis asked Attorney Davis for an update on the issue of a potential conflict, if Mr. Davis had to defend the City, in the event it was sued for retroactively rescinding the health care insurance benefits of prior Board members. Mr. Davis stated that he had studied the issue and placed a call to the Bar Association but had not received a call back. He has identified an attorney, Robin Davis from Raleigh, a specialist in this field, who would be available to address the Board on the evening of December 14 or December 21 on the issue if they desired. Mayor Bettis asked Mr. Davis if he thinks there would be a conflict with his representing the City should there be a suit. Mr. Davis stated, in his opinion, there would be a conflict. He stated he had had several conversations with prior Board members on the matter, and feels it would be problematic with Board members feeling that what they said or would say to him could be compromised. Mayor Bettis stated he disagreed; that in his opinion, the current Board is his client and that he had no obligation to the prior Board members who are now private individuals. He stated the lawyer recommended would be very expensive and he wants to hear from the State Bar first.
Alderman Bengel asked if Attorney Davis would share any of his written legal opinions on the issue. Attorney Davis stated none had been requested and he hadn’t prepared any. Alderman Bengel asked if Attorney Davis had not drawn up the 2003 ordinance. Attorney Davis assured her that he had not; and that such documents are at times prepared by the City Manager or department heads. Aldermen White and Kinsey both stated they would like to hear the Bar’s opinion on any potential conflict before making a decision.
Mayor Bettis asked when the next scheduled Board meeting would be. Staff answered January, 2010. He asked if this meeting could be recessed until December 14, 2009 to carry this issue forward, and if 7:30 p.m. would be a convenient time. All members stated it would be, although no motion was made at this time.
13. Appointments.
None.
14. Miscellaneous.
Alderman Outlaw asked for consideration of Miscellaneous Items. Mayor Bettis asked if there were any Miscellaneous Items and recognized Alderman Bengel. Alderman Bengel stated she is excited about the Open House on Saturday. She asked to clarify that the time(s) are 10 a.m. to 2 p.m. Mayor Bettis confirmed, adding there will be cider, cookies and candy canes and invited everyone to come out.
Alderman Bengel reminded everyone of the Salvation Army food drive (Friday, 4-7 p.m. at Joe Alcock) and the Board is invited to come out and participate.
Mayor Bettis asked if there were other Miscellaneous Items. Alderman Kinsey said he wanted to wish everyone a Merry Christmas.
Alderman Outlaw was recognized and stated he thought the Board was going to discuss their rules of procedure at this meeting. Mayor Bettis brought forth a copy of Roberts Rules of Order and a set of procedures recommended by the UNC Institute of Government and recommended the less cumbersome UNC manual. He read several of the principles used in its development.
Alderman Outlaw stated he does not recall a Mayor ever making a motion as happened at the last meeting. City Attorney Davis agreed and said he will ask staff for an outline of what happened at the last meeting to see if any of the items needed to be re-voted. Davis noted that the UNC handbook was a template that provided choices a locality would need to make in order to customize it to their needs. He said if the Mayor would provide him an electronic copy of the handbook, he would work on a customized version for the City of New Bern that is consistent with the City’s charter. Mayor Bettis agreed.
Alderman Outlaw also asked about policies on Board ethics and conflicts of interest which
all agreed would need to be sorted out soon. Alderman Outlaw then referred to the problem a particular developer is having with Suddenlink in the provision of services to a new subdivision. He asked if Mr. Meadows, City Manager, could set up a public hearing, according to Section 17 of the contract with Suddenlink, to give an opportunity for a performance evaluation. Mr. Meadows agreed.
Alderman Outlaw then asked Mr. Meadows to report on the status of the culvert that is to be installed under Trent Road. Mr. Meadows stated he had met with NCDOT on Wednesday, December 9, 2009, and had been assured that NCDOT would be getting Century Link (formerly Embarq) a project number very soon. The word around the table was that the work will probably commence in the spring but there were several things that needed to be done first.
Alderman Outlaw thanked Mr. Meadows and stated that with the completion of the Trent River Bridge near, he would like to see if the other Board members are interested in renegotiating the City’s contract with NCDOT on the bridge. Mayor Bettis asked what Alderman Outlaw proposed. Alderman Outlaw stated he just wanted them to be aware and thinking about it for future discussion.
Mayor Bettis said the Board would be looking to Alderman Outlaw on this. Alderman Outlaw said the Board needs to express its desire. Alderman Bucher stated his agreement that the Board needed to be ready to discuss the issue of who is going to maintain the bridge in the very near term. Mayor Bettis suggested it could be discussed at a possible meeting on Monday, December 14, 2009.
Alderman Outlaw made a motion that the Board enter closed session to discuss the city clerk position pursuant to G. S. 143-318.11A(6), seconded by Alderman Taylor. Motion carried and they went into closed session.
With the Board now back in regular session, Alderman Bucher said he appreciated the trip City Manager Meadows had arranged for the Aldermen; found it very helpful, but with the tragic passing of the City Engineer, he would like for Mr. Meadows to arrange an additional day of site visits to address remaining matters. Mr. Meadows agreed and said he would also like to set up a Saturday meeting in January to discuss budget issues.
Alderman Outlaw made a motion to recess the current meeting to Monday, December 14, 2009 at 7:30 p.m. in the City Hall Courtroom, second by Alderman Bengel and the motion carried. There being no further business, the meeting was recessed at 8:46 p.m.
CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
DECEMBER 14, 2009
CITY HALL COURTROOM - 7:30 P.M.
300 POLLOCK STREET
RECESSED MEETING
Mayor Bettis called the Recessed meeting of the Board of Aldermen to order at 7:30 p.m. on December 14, 2009.
Roll Call. Mayor Lee Bettis, Jr.; Aldermen Sabrina Bengel; Victor J. Taylor; Dennis K. Bucher; Johnny Ray Kinsey; Bernard W. White; and Dana Outlaw. Also Present: Danny Meadows, City Manager and City Attorney, Michael Scott Davis.
Mayor Bettis stated the previous meeting had been recessed in order for the City Attorney to obtain an opinion from the State Bar Association. At issue was whether or not a conflict would exist if he were asked to represent the City in the event a suit were filed in response to the Board’s action to retroactively remove health insurance benefits for elected officials. City Attorney Davis commented that due to the involved nature of the question he felt it would be prudent to consider the other items on the agenda prior to going into closed session. Mayor Bettis agreed.
Alderman Outlaw made a motion, seconded by Alderman Taylor to appoint Veronica Mattocks as City Clerk. Motion carried unanimously. Mayor Bettis recognized Judge Ken Crowe who was in attendance and asked him if he would like to do the honor of swearing in Mrs. Mattocks. Judge Crowe stated he would and proceeded to swear Mrs. Mattocks in as City Clerk. Mrs. Mattocks thanked the Mayor and Board for their confidence along with family and friends who were there in support.
Alderman Outlaw ask Mayor Bettis if he was going to see if any of the Aldermen had any other business to bring up before the Board at which point Mayor Bettis began recognizing all of the Board Members. Alderman Outlaw commented briefly on the SuddenLink issue discussed at a prior meeting. Alderman White said he would hold off on his issues until the January meeting. Alderman Kinsey informed the Board he had spoken with City Manager Meadows and Planning Director Avery on several fourth ward issues. Alderman Bucher stated there had been some discussion about the Aldermen having particular areas they wanted to focus on. He stated his particular passion was business issues and he knew the other Aldermen had their particular areas of interest and they needed to get started quickly. Alderman Taylor congratulated Mrs. Mattocks and complimented those who participated and came out for the Christmas parade on Sunday. Alderman Bengel congratulated Mrs. Mattocks and thanked those who came out to the City Hall Open House on Saturday stating that everyone had a role to play and there were many serious issues to address.
City Manager Meadows was recognized and ask the Board if they would be able to attend an all day work session on the budget, Saturday, January 9, 2010. The Mayor and Aldermen stated they could make the meeting. Mr. Meadows then stated the Town of Havelock wanted to have a joint meeting on the sewer allocation issue to flesh out some remaining issues. He asked if two or three of the Board Members would like to attend this meeting tentatively scheduled for January 5, 2010. Mayor Bettis asked Alderman Outlaw if he would be interested in attending. Alderman Outlaw stated he would like to expand the question. He continued that such an arrangement needed someone to oversee it that had the ability and authority to act quickly and that if the City was going to allocate this resource, it needed to know its fair market value. Mayor Bettis ask again if Alderman Outlaw would oversee this matter and Alderman Outlaw responded yes, but, that he was not willing to waste his time on an issue that had problems and parts that had not been sorted out yet. He continued that unless Havelock can wait three months for the Board to get through other issues, then New Bern should not do it. Mayor Bettis then asked who else would like to be a part of the proposed January 5, 2010, meeting. Alderman White stated he would be willing to participate and wanted to learn more about the issue. Alderman Outlaw stated both Boards needed to have a workshop on the issue since it is a vital interest to both cities. He continued that instead of bringing the sewer flow back to the City’s plant, perhaps New Bern and Havelock should do a joint venture on a new plant. He added that everyone had a vital interest in this matter and perhaps there was a better way to do it. Alderman Kinsey then asked Mr. Meadows to comment on the matter. Mr. Meadows stated the discussion had been under way for over two years and that Havelock was probably closer to an agreement than New Bern. He stated the relationship with Havelock was important and that we should help if we can. He also stressed the importance of regionalism as long as it could be a win win situation. Mr. Meadows stated staff was confident that the arrangement would pay for itself but that the Board need to be comfortable with it, that it is their decision. Aldermen Taylor and Bengel expressed concern that they needed more time to better understand the issue. Alderman Outlaw stated he was the only one on the Board with a historical understanding of the issue and that the City needed to talk with others including the County. Alderman Bucher stated it might not be a bad idea to let Havelock know where we are and that we just needed more time to consider the matter.
Mayor Bettis stated he had discussed the matter at length with the City Attorney and that his concern was in how much sewer capacity had already been allocated and how much was available to commit to others. He expressed his agreement with the rest of the Board stating the Board needed to know more about the city’s capacity and ask about Cherry Point’s excess capacity. He stated he would volunteer to attend the meeting on the January 5, 2010, to convey the Board’s concerns and further discuss the issues. Alderman Outlaw mentioned recent meetings concerning the City’s sewer obligations in Township 7 and that he would be glad to meet with City, County and State representatives to discuss where to go from here.
City Manager Meadows stated that sewer studies have been ongoing and that he would be willing to let Havelock know the City is not ready to make a final decision at this time, if that is what the Board wished. Alderman Bengel asked him to talk to Havelock about a joint meeting, regional issues, etc. Mayor Bettis, citing a recent conversation with Havelock Manager Freeman, asked Dawn Heller to arrange a meeting between representatives of New Bern and Havelock.
Mayor Bettis stated he wished to clarify a recent comment in the paper about his attendance at ribbon cuttings and other functions. He stated it was his intent for him to attend as many such functions as possible, that they were all important, but when business obligations kept him from it, he would ensure that the City would be represented. He then stated he would like to invite Matthew Evans to meet with him on how best to address his issues. It is his goal to listen to all residents which is why the Open House was held and plans are to have many more opportunities for citizens to meet with their elected officials.
Motion was made by Alderman Outlaw citing North Carolina General Statutes 143-318-11(a) (3), to go into closed session to discuss the previously mentioned conflict issue, seconded by Alderman Bengel. The motion carried; time being approximately 8 P.M.
BACK TO REGULAR SESSION
Back in regular session, Attorney Davis stated he wanted to relook at motions made by Mayor Bettis at the continue meeting. He questioned the Mayor’s ability to make motions since he cannot vote. Mayor Bettis replied that he had rechecked Robert’s Rules and felt they supported his ability to make a motion. Mayor Bettis then stated the Board had acted at the last meeting to revoke the health insurance benefits retroactively and that that action stands.
Mayor Bettis asked for a motion to adjourn.
Alderman Outlaw asked if any Board members had anymore business. Mayor Bettis said he didn’t.
Alderman Outlaw stated in reference to the City Clerk he wanted to instruct the city manager on the type of minutes to be kept. They should be clear, concise, at times would require a transcriptionist and should be available within 48 hours after the meeting. He asked if others had questions about the minutes. Mayor Bettis said he had spoken with a court reporter about minute taking to insure transparency and a complete record. Alderman Outlaw asked how soon he could get back with cost and turn around information. Alderman Outlaw then asked the Board to allow the mayor to direct the city manager on how to provide accurate minutes that could be available quickly.
A motion was made by Alderman White, seconded by Alderman Bucher to adjourn. The motion carried and the meeting adjourned at 9:18 p.m.
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Mayor
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City Clerk
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CITY OF NEW BERN
BOARD OF ALDERMEN
December 29, 2009
CITY HALL CONFERENCE ROOM
300 POLLOCK STREET
SPECIAL CALLED MEETING
Roll Call: Present: Mayor Lee Bettis, Jr.; Aldermen Victor Taylor; Sabrina Bengel; Dennis Bucher; Bernard White; Dana Outlaw. Absent: Alderman Johnnie Ray Kinsey.
Also in attendance: Robert Aster, Acting City Manager, and Scott Davis, City Attorney
1. Discuss the 300th Celebration
Mayor Bettis called the special meeting into session and stated this was an overview instructional meeting of the 300th Committee. “We want to get to know you and where the 300 Committee is going. We want a roadmap to who all is involved in the 300th”. Mayor Bettis stated the Board wanted to know how the anniversary money is used and how the 300th Celebration is organized. He also asked that the Committee remind the Board of important events so they could show up and offer support.
Nelson McDaniel, Chairman of the 300th Committee passed out to the Board of Aldermen the committee’s budget summary prepared by Mary Muraglia, Director of Finance. The committee budgeted $1,377,355 for the year-long celebration. Organizers projected to spend $1,149,855 on all the anniversary events. Any extra money they may get would be used “to make for a little better festivities” and to do what they could to increase economic impact according to McDaniel. McDaniel also stated the figures did not include in-kind contributions for promotions, such as art projects or donated event spaces. If contributions from the promotions were included toward the celebration, the total would be between $3 million and $4 million.
Under the leadership of the previous Board of Aldermen, $750,000 was committed to the celebration. McDaniel stated the celebration planners had been through “multiple budgets” since the economy took a terrible change. There had been some disappointments on the public funding side, but the Committee was pleased with the private funding side.
In March, the previous Board voted to cut its consulting agreement with Linda Staunch and Associates for services rendered as chief organizer for the event. The cost of those services were cut from $10,322.58 per month to $5,454.55 per month.
The floor was open for questions from the board members. Alderman Taylor asked why his non-profit organization, Vision Forward, had not been included on the list? McDaniel responded saying he had not received the paper work, but he would be glad to submit it. Alderwoman Bengel questioned the amount of the original website that was to be designed by Brogan and Partners. It was her understanding that the contract was for $20,000 with a $10,000 deposit and that Brogan and Partners did not complete the contract; therefore, no balance was due. The committee chose to go with another company for the website. The Director of Finance told Alderwoman Bengel she would check into the figures.
Linda Staunch, the city-hired chief organizer, came forward stating, “one of our goals is that you will be proud”. The year-long celebration has a three-branch structure. Staunch acts as the executive director of the celebration. The 300th Anniversary Committee is the main branch, and it has 38 subcommittees, all made up of volunteers. The third branch is a non-profit organization known as “New Bern Celebration”, which is responsible for fundraising and is chaired by Susan Braaten. Staunch praised McDaniel and all the volunteers who worked tirelessly on this celebration.
David French appeared before the Board and said the organizers had not invited the Texas descendants of New Bern’s founder, Swiss Baron Christopher de Graffenried. McDaniel expressing anger called French’s statement “unequivocally untrue” and said the volunteers’ attempts to invite those descendants had been “summarily rejected”.
2. Miscellaneous.
Robert Aster, Acting City Manager, requested Middle Street (from Broad Street to South Front Street) and Pollock Street (from Hancock Street to Craven Street) be closed from 5:00 P.M. on Thursday, December 31, 2009 through 2:30 A.M. Friday, January 1, 2010. Alderman Outlaw made a motion to close the streets, seconded by Alderwoman Bengel.
3. Adjourn
Mayor Bettis made a motion to adjourn the meeting, seconded by Alderman Taylor and unanimously carried, time being 6:58 P.M.
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Mayor
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City Clerk
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