| October 27, 2009 |
Board Meeting |
| November 3, 2009 |
Board Meeting |
| November 17, 2009 |
Work Session |
| November 24, 2009 |
Board Meeting |
| December 8, 2009 |
Board Meeting Sine Die |
| December 8, 2009 |
Board Meeting |
| December 29, 2009 |
Special Called Board Meeting |
| January 9, 2010 (PDF verbatim minutes) |
Special Called Board Meeting |
| January 12, 2010(PDF verbatim minutes) |
Board Meeting |
| January 19, 2010(PDF verbatim minutes) |
Work Session |
| January 26, 2010 (PDF verbatim minutes) |
Special Called Board Meeting |
| January 26, 2010 (PDF verbatim minutes) |
Board Meeting |
| February 9, 2010 |
Work Session |
| February 9, 2010 (PDF verbatim minutes) |
Work Session |
| February9, 2010 |
Board Meeting |
| February 9, 2010 (PDF verbatim minutes) |
Board Meeting |
| February 13, 2010 |
Retreat |
| February 16, 2010 |
Work Session |
| February 16, 2010 (PDF verbatim minutes) |
Work Session |
| February 23, 2010 |
Board Meeting |
NOTE: The PDF verbatim minutes are large documents and may take a few minutes to load.
RETURN TO TOP
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.
***********************************
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
_________________________
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.
______________________________
Mayor Pro Tem
___________________________
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.
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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.
__________________________________
Mayor
_________________
City Clerk
RETURN TO TOP
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.
___________________________________
Mayor
______________________________
City Clerk
RETURN TO TOP
CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
FEBRUARY 9, 2010
CITY HALL CONFERENCE ROOM – 5:30 P.M.
300 POLLOCK STREET
BOARD MEMBERS PRESENT:
Mayor Lee Bettis, Jr., Aldermen Sabrina Bengel; Victor Taylor; Dennis Bucher; Johnny Ray Kinsey; Bernard White; and Dana Outlaw.
DEPARTMENT OF TRANSPORATION:
Hugh Overholt: Division 2, - Beaufort, Carteret, Craven, Green, Jones, Lenoir, Pamlico and Pitt counties.
Neil Lassister, Jr., P.E.: Division Engineer – Division 2
Johnny Metcalf: Resident Engineer
Dan Holderman: NCDOT Bridge Management Unit
John R. Hugh, P.E.: Division Bridge Engineer
Thomas Drda: NC Division Bridge Engineer, Federal Highway Administration
1. Discuss the Bridge.
Mayor Bettis called the Work Session meeting to order and thank the DOT members for being present. The reason for the meeting tonight is because the Board of Aldermen and the citizens of New Bern have a lot of questions about the status of the Alfred Cunningham Bridge and the Broad Street project. The Mayor stated the Board of Aldermen will not be making any decision tonight; we will need time to reflect on the information you will provide to us.
The floor was opened up to Mr. Hugh Overholt, Division 2 Representative. Mr. Overholt is appointed as Division 2 DOT Board Representative, and in the sense represents the Secretary of Transportation in policy matters. The first thing I want to do is introduce Neil Lassiter, Division Engineer and he will introduce the team of DOT members.
Neil Lassiter came forward and stated, he is the Division Engineer for the North Carolina Department of Transportation. I am in charge of Division 2, which are primarily eight coastal counties. We cover Beaufort, Carteret, Craven, Greene, Jones, Lenoir, Pamlico, and Pitt. We are in charge of all the maintenance, all the construction and most of all the transportation issues that generally come up in the eight county regions. I would like to introduce members of our division staff and members from Raleigh, as well as the Federal Highway Administration. Mr. Dan Holderman is the State Bridge Engineer, and he is in charge of all the bridge maintenance and management system in the state of North Carolina. Mr. Tom Drda is from the Federal Highway Administration, and he is the bridge engineer for the state of North Carolina. He will be able to answer any questions that may come up about federal participation with the federal regulations and policies. Mr. Johnny Metcalf is our Resident Engineer in the construction department. Mr. Metcalf has been in charge of the contract administration for the replacement of the Alfred Cunningham Bridge; he is located here in New Bern. Mr. John Hughes is the Division Bridge Engineer, and he is responsible for all the maintenance, up-keep and heavy construction of all the bridges in this region, Division 2. He will be able to answer any questions involving the maintenance, operation of moveable span bridges or any bridge related questions.
Mr. Lassiter gave an overview about the history of the Alfred Cunningham Bridge. It was early in 2002, when the City of New Bern approached DOT to consider improvements of the bridge. The bridge was a swing span trestle bridge in dire need of maintenance and rehabilitation. It was in need of painting and some design issues that needed to be addressed. We had the Alfred Cunningham Bridge in our TIP (transportation improvement program) for the department. We were looking at rehabbing that structure, which would have cost about $12 million at that time. The $12 million cost would have gone toward the painting, the rehabilitation of the existing structure. The DOT realized that it was a significant amount of money. The City started looking into the efforts of should we look at maintaining the existing bridge or should we look at perhaps entertaining the replacement of the bridge. What were other options that were out there? A number of meetings had taken place with our then board member Mr. Cam McRae. The question was asked if the possibility of the bridge being replaced instead of rehabilitation. The reason being is because there was a red lead paint issue, some environmental issues encapsulating the whole bridge. The thought was while we are spending $12 million why not consider replacing the structure in its entirety. This decision came in the form of a letter from Craven County Transportation Committee, which I think the City was represented as well. Mr. Lassiter stated I guess the initial inquiry came from the Transportation committee. There were meetings with the City of New Bern that took place after the initial meeting. Mr. McRae asked the DOT board members if it was possible just to replace the bridge. The problem would be the additional funding that was to occur with the replacement of the bridge. Another meeting was schedule with former Mayor and City Manager along with a number of other people. At this time former Mayor Bayliss and City Manger stated with the amount of money associated with the full replacement of the bridge, we need some type of participation from DOT. This is when the proposal came into effect; if the City would maintain the bridge would that satisfy DOT. We told the former Mayor and Manager we would consider looking into their request. In the effort to assist the City who at the time really wanted the bridge replaced before the Tercentenary Celebration. At this point and time a municipal agreement was drawn up that went back and forth several times. Scott Davis, City Attorney worked with the staff of DOT in trying to craft the language in that municipal agreement. The agreement stated once DOT built the bridge, it would turn over the maintenance of the structure to the city. Also, it was side conservation that along with the construction of the bridge, the city asked “DOT to finalize their streetscape and their long range planning for their streetscape, I guess Broad Street or Front Street”. It was Broad Street from the river down to the Five Points area; they asked if we could also look at making those improvements. The improvements would be to reduce the roadway section of the street and to make it more pedestrian, and bicycle friendly. This project was also included in the package deal; therefore, we would contribute up to $3.5 million towards the construction of the Broad Street Project. It was DOT understanding once the Broad Street Project and the bridge were completed, DOT would turn both projects over to the City of New Bern. Subsequently the agreement was worked out between the City and DOT, it was executed and we proceeded on with those two projects.
Alderman Bengel asked “was the bridge originally on the TIP for like 2012 or 2013 for replacement”? Mr. Lassiter state it was not, it was just for rehabilitation which was painting. Alderman Bengel wants to make sure she was perfectly clear about the bridge deal. Was it really Broad Street and not the bridge because the city wanted Broad Street to be re-done? Mr. Lassiter replied no, the initial discussion came because of the bridge replacement, but at the same time we were asked to consider those improvements to Broad Street. Mr. Overholt emphasized the bridge came first. Regardless of Broad Street improvements the deal was the city would take over the maintenance of the bridge, because it was going to be replaced versus rehabbing it. The city was going to participate in the operating and the ownership of the bridge once it was built.
Mr. Overholt explained it was a lot of discussion when the bridge was built across the Neuse River as to whether or not we would have the off cut into New Bern. We spent $12 million more in order to accommodate the entrance into New Bern. It was the thought of having really a good waterfront, having the bridge still there and the whole history place, Tryon Place. Mr. Cam McRae, who was at the time the person responsible for the DOT money wanted to accommodate the wishes? Most of the DOT is shared cost deals, which means the recipients put some money into the project. The recipients can be the city and mostly federal, it was 80% from the federal.
Mayor Bettis stated he wanted to clarify; we are talking about the original agreement. The bridge was originally expected to cost around $25 million, but the bill increased due to a spike in construction cost. Therefore, this was the agreement the city signed. The cost amount was debated back and forth as to what amount was listed on the original agreement. Chief Bobby Aster clarified; it was 25.7 million on the original agreement.
The question was asked how the cost of the bridge went from $25 million to $41 million. Mr. Lassiter implied they were dealing with moving targets as far as estimates evolving with the bridge. We had extraordinary inflation to some of the projects. An engineer’s estimate is done on what it is going to cost; and that figure was used in the original agreement. The formula that was used in calculating the cost had not been modified in years. The formula was not exactly keeping us with inflation. The cost in steel and cement escalated. There was a 76% escalation in cost between 2004 and 2008 period in construction. Mr. Lassiter also explained that structural changes had nothing to do with the increase in cost. Originally, the spans were supposed to be metal, but changed to concrete. The DWQ (Division of Water Quality) ask that a concrete deck be built due to environmental issues, as well as securing a permit. You can no longer have direct discharge into the river.
Mr. Holderman explained the operation and maintenance cost of the bridge. The operation part is the bridge tenders, power, water and sewer. The cost of operation is somewhere in the neighborhood of $100,000 to $200,000 a year. The maintenance on a new bridge is not going to be much, but when it starts getting older, it can be anywhere from $50,000 a year to millions of dollars a year. It will be a one year warranty on the bridge.
The question was asked if the city does not accept responsibility for manning the bridge, how DOT would go about carrying out this responsibility. Alderman Outlaw stated “it would probably go against the Powell Bill funds”. DOT made it quite frank; they have no plans to man the bridge. We plan to open the bridge and deliver it to the City of New Bern. Alderman Bengel said according to the agreement signed by the City and DOT, it is my understanding the acceptance of the bridge would be determine by the completion of Broad Street. Mr. Lassiter replied, “Yes m’am”, we are working on the completion of Broad Street. For most part, our efforts are complete. There are some efforts from the city utilities that have to be completed. It is my understanding it may be around June as far as the utility issues. DOT could have Broad Street completed next week, and the board does not have to meet and accept the bridge before it is official.
Chief Aster told the Board, we have little more than two weeks to hire a contractor and get folks trained to run the bridge. The training starts as early as the 15th and we need to have city personnel involved in the training or a contractor involved in the training. John Staten and other Public Works personnel will be working side by side with the installers, Otis Equipment going through every bit of the electrical aspects of he bridge. We need to have city staff in place by February 22, 2010, in order for them to be trained by the contractors of the bridge.
Mayor Bettis thanked the DOT members for attending the work session. This meeting was very good for all of us and we appreciated it.
The work session concluded at 6:45 P.M.
________________________________
Mayor
______________________________
City Clerk
RETURN TO TOP
CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
February 9, 2010
CITY HALL COURTROOM – 7:00 P.M.
300 POLLOCK STREET
1. Meeting Opened by Mayor Lee Bettis, Jr., Prayer by Overseer John H. Pierce of St John Missionary Baptist Church. Pledge of Allegiance.
2. Roll Call. Aldermen Sabrina Bengel; Victor Taylor; Denny Bucher; Johnny Ray Kinsey; Bernard White; and Dana Outlaw.
Also in attendance: Interim City Manager, Ed Wyatt and City Attorney Scott Davis.
3. Request and Petitions of Citizens.
Charles Lofurno, Jr. 510 Jefferson Avenue, New Bern came forward and expressed problems of speeding in his neighborhood. He lives on Jefferson Avenue and the 25 miles per hour speed limit signs and the “children playing” sign have not deterred people from speeding. Mr. Lofurno suggested that speed bumps be installed. The Mayor asked Chief Palombo to look into this matter.
Stevie Bennett, 1312 National Avenue, New Bern wanted to know how many areas annexed into the city have not applied to the state for water and sewer allocation. Arthur Farms (153 acres) has not applied for water and sewer allocation. Mr. Jordan Hughes, Acting Engineer stated he will get accurate figures in reference to sewer allocation on previously annexations.
Van Cuthbertson 597 Highway 55 W, New Bern came forward to establish the New Bern 300 oath as the official oath for the 300 committee. The Mayor asked him to put the oath on the agenda for the next meeting since the Board did not have a copy.
Larry Baldwin, Neuse Riverkeeper and Natalie Baggette Neuse River Foundation Board Member came forward to announce the 30th Anniversary of the Neuse River Foundation. He also expressed wanting to continue the relationship with the City and the citizens of New Bern, and the importance of the Neuse River. Mr. Baldwin thanked the Board for the proclamation that was sent in honor of their 30th Anniversary.
Janet Lamb gave an overview on the economic impact of First Night. First Night was organized and planned by Janet Lamb and Beth Atkins as part of the 300th celebration. It was a lot of planning and meetings on top of meetings that brought things together. There were sub-committees and a lot of volunteers that help make this night a success. It was approximately 1, 700 hours donated by 161 volunteers. You can equate that to equal about $30,000 in volunteer time. We educated people through community newspapers, civic organization and by word of mouth. We had a very talented administrative coordinator from the beginning. Sue Shrink was our volunteer coordinator, and Linda Cummings was our administrative coordinator. There were great site managers at all of the 25 to 30 sites. Our biggest success of all was the children’s venue, which we did not realize until it was mostly over. The credit goes to the YMCA. The YMCA put hundreds and hundreds of hours into the organization and implementation of the events. Public Works played an important role in making this event a success. The City of New Bern departments were always there for us.
The merchants who reported stated they had anywhere from 50 to 300 percent increase over the previous year. People were making purchase in their stores as late as 10:00 and 11:00 P.M. Several merchants commented that they were confident their shops would benefit in the future considering it would be another first night.
Some minor upgrades were done to the bandstand in Union Point Park. There were three 11 by 11 foot flags made of the 300 posters that were used in the gazebo.
Buttons were sold for $8 which allowed individuals to enter all the events. Families that could not afford to buy the buttons benefited from the free events. It was many families who did not have on buttons but enjoyed themselves as well. It was plenty of free events for the children that drew large crowds all night.
The question was asked should there be a First Night for 2011, which would be New Year’s Eve 2010? Based on all the endorsements from people who were at the events Ms. Lamb stated that she think the answer to that question would be “yes”. Aldermen Taylor, White, Kinsey, and Outlaw said it was an awesome night and would like to see it again the New Year’s Eve of 2010. Alderman Bengel stated it was a magnificent night, a great night for the children of all age groups. Alderman Bucher stated it was a great night and everyone did a remarkable job. Mayor Bettis thanked Mrs. Lamb and her staff for a wonderful job.
Mr. Marshall Van Winkle and Lou Holtzburg gave an update on the National Antique Car Meet that will be hosted in New Bern on May 15, 2010. They spoke in detail on the availability of parking. They are expecting over 600 cars and additional parking spaces are needed to accommodate the large towing trucks. They would like more parking on Craven Street if possible due to the fact the Broad Street is under construction.
4. Public Hearing and Adopt Resolution Approving Installment Finance Contract for Renovation and Addition to the Stanley White Recreation Center.
This Public Hearing was to consider the financing contract with BB&T Governmental Finance in the amount of $660,460 to finance the construction of renovations and additions to Stanley White Recreation Center. This Center was built in 1974, and hasn’t had any improvements made since it was built. The contract is for 10 years at a fix interest rate of 3.73%. The payment of $33,023 plus interest will begin in September 2010 and ending March in 2020. Renovation work would include plumbing, electric, as well as interior work. The additional space (2,668 square-feet) will be used for programs and a locker room.
Proposal bids were submitted to six banks with BB&T offering the best proposal. The initial amount requested was $657,616, but more was needed to cover the financing fees.
Alderman White made a motion to adopt the Resolution. The motion seconded by Alderman Bucher and on roll-call vote, all voted “Yes”.
5. Adopt Resolution Authorizing Filing of Application for Approval of A Financing Agreement for Financing of the Stanley White Recreation Center Renovations and Addition.
This resolution is needed to enter into an installment contract with BB&T for the financing projects for Stanley White Recreation Center. The application for approval of financing agreement will be submitted to the Local Government Commission. The City has received a $500,000 Parks and Recreation Trust Fund grant towards the cost of the project.
Alderman Taylor made a motion to adopt the Resolution. The motion seconded by Alderman Kinsey and on roll-call vote, all voted “Yes”.
6. Adopt Budget Amendments.
a. This budget ordinance acknowledges receipt of grant funding for the 2009 State Homeland Security Grant Program for the Eastern Region Information System (ERIC) between the City of New Bern Police Department and the North Carolina Department of Crime Control & Public Safety, Division of Emergency Management. These grant funds will be used to continue investments in the expansion efforts of ERIC and the need to increase staffing support including a Senior Analyst and Crime Analyst solely dedicated to ERIC operations. The grant provides $604,217 to fund personnel costs, equipment costs as well as travel, training and supply costs. This budget amendment requires no City match.
Alderman Bengel made a motion, seconded by Alderman Taylor to adopt the budget amendment. Upon a roll call the motion unanimously carried.
b. This budget ordinance acknowledges receipt of grand funding for the State Homeland Security Grant Number: FY2006-GE-T7-0048 to implement the goals and objectives of the State Homeland Security Strategy 2006-2009 between the City of New Bern Police Department and the North Carolina Department of Crime Control & Public Safety, Division of Emergency Management. The grant funds will be used to purchase the Pen Link software to provide for an intelligence gathering for the Eastern Region Intelligence Center and local law enforcement agencies and to provide training to personnel. The grant provides $40,000 to purchase the software and train personnel. This budget amendment requires no City match.
Alderman Bengel made a motion, seconded by Alderman Kinsey to adopt the budget amendment. Upon a roll call the motion unanimously carried.
7. Adopt Resolution Approving Change Order to Williams Utilities, Inc. for the Clark Road Water Main Connection Project.
This Change Order is for the final adjustments needed to amend the total contract amount by replacing the original estimated quantities with the actual quantities of work performed. The reduction in quantities difference will be in the amount $11,050.00 from the original contract of $318,490.00, therefore, the total adjusted contract will be $307, 440.00.
Alderman Outlaw made a motion, seconded by Alderman White to adopt the resolution. Upon a roll call the motion unanimously carried.
8. Adopt Resolution Calling for a Public Hearing to Rezone a Tract on the North Side of Pinetree Drive.
Mr. Mitchell Brydge requested to rezone a 12.35 acre tract from R-10 Residential District to R-10A Residential District. Mr. Brydge desires to develop the site as an affordable housing community for seniors aged 55 and older. The site is currently vacant undeveloped land located on Pinetree Drive directly across from the Elks and Knight of Columbus Lodge and it is necessary to hold a public hearing for this request. The public hearing will be held February 23, 2010.
Alderman Outlaw made a motion, seconded by Alderman Kinsey to adopt the resolution. Upon a roll call the motion unanimously carried.
9. Minutes.
Transcripts of the minutes from the Court Reporter are available in the Clerk’s office for review. The transcripts dates are: January 6, 2010, January 9, 2010 and January 12, 2010. The transcript for January 26, 2010 will be available for review this month. During the discussion, Alderman Bengel stated that she did not feel comfortable voting for minutes without being able to thoroughly read them especially when there were over 200 pages to review. Mayor Bettis stated since the minutes were taken by a court reporter he felt that they were completely accurate.
Alderman Outlaw made a motion, seconded by Alderman Kinsey to approve the minutes for the above dates. Upon a roll call vote, Aldermen Taylor, Bucher, Kinsey, White, and Outlaw voted “Yes”, Alderman Bengel voted “No”. The motion carried 5-1.
10. Adopt Revised Schedule of Board of Aldermen Meeting.
A revised schedule of the Board of Aldermen meetings included additional Works Sessions for the month of February and March 2010 was presented. This revised schedule will allow the board to act on important decision making.
Alderman Outlaw made a motion, seconded by Alderman Taylor to approve the revised schedule for the Board of Aldermen. Upon a roll call the motion unanimously carried.
11. Discuss Approving Agreement with Ellis Development.
This was a draft agreement for the Board’s review in reference to the sewer allocation for the Ellis Development. Attorney Davis told the Board he needs some directions on how to proceed with the draft. I have not shared this agreement with Mr. Ellis or his counsel at this point. I wanted to make sure you saw it first before I proceed. The Mayor indicated from a previous board meeting that he saw a letter of commitment to provide Mr. Ellis with sewer allocation. What the board did not discuss was on what conditions do we give the sewer allocation. The terms and conditions were not discussed at the last meeting. The Mayor stated we are not going to provide allocation to people outside the county unless they are following our rules. I believe the citizens need to abide by the rules of the city.
Mr. Wyatt, Interim City Manager emphasized that there had been a lot of discussion on the Ellis property; and all requirements were fulfilled. It has been a long standing issue and correspondence between the administrative staff and the developer. An example would be changing the lines from an 8 inch to a 12 inch. Attorney Davis clarified (Mr. Wyatt’s statement) that it had been several years of course dealing with correspondences between the parties working out the changes at least with the city staff.
Alderman Outlaw stated the City needed some sort of pattern in place, because it seems to be a line of inconsistencies. All the developers need to be treated the same. The City went past the line of demarcation; they went past Catfish Lake Road. It is my understanding it was kind of an informal agreement that the City of New Bern would stay on this side of Catfish Lake Road and Havelock would stay on that side of the road. The city then writes a letter obligating them to some form of sewer for this development. You are not talking about 10-50 homes sites, it is 600 home sites. Mr. Meadows indicated that there might be some other Weyerhauser property that we have quasi committed ourselves to. The city needs to have some visionary pattern of what they want to do in place.
Alderman Bucher stated the city needs a comprehensive plan that says here is what the City of New Bern will do and what they will not do. This is the issue, we told this developer that we would provide him sewer, and we did not say if you did this or that. We said we would provide sewer at a higher rate for this development because it is outside the city limits. “The reality of it is; we need to let this gentleman move on with his project”.
Alderman Kinsey asked to hear from Mr. Ellis or Mr. Ellis attorney.
Beth Atkins, Attorney for Ellis Development came forward and expressed that Mr. Ellis had met all the requirements. The Mayor wanted to add this provision on the land use ordinance. Our position on this commitment is it does have the conditions in here and the only condition it has in here is that sewer service will be contingent on submittal of sewer plans approved by the city. Mr. Ellis has been working with the city engineer and the city staff for two and a half years on the sewer plans. They have had two sets of sewer plans done, at a cost of over $200,000 to meet the city’s requirements. They have also been working on their subdivision plans with the understanding that they would be in Craven County’s jurisdiction for the subdivision approval. All the work that has been done for the past two and a half years has been based on the good faith negotiations with this city and Mr. Davis. Also, we provided proof that the city signed off on an application to the state for a permit, signed off on an application to the federal government to run the pipes through Croatan Forest, and signed off on an application to DOT to run the lines down the easements along the highway.
Alderman White was of the understanding that when we met with Mr. Ellis a couple of weeks ago that everything was in place for him to move forward. Mr. Ellis has already spent thousands and thousands of dollars to fulfill the city requirements. When you commit to a person your word is your bond. Alderman White left the meeting thinking we were all agreeable to allow Mr. Ellis to move forward with his project. Now all of a sudden something has been stirred up in the pot. If things are stirred up, then all the board members need to be aware of it.
We need to stop talking about the previous administration and start working together for the betterment of the city and the citizens. We have a lot of issues to deal with so let’s move forward. Mr. Ellis has gone through enough, grant him the sewer allocation as we previously discussed.
Alderman Taylor too was of the understanding that everything was settled at the previous meeting. Mr. Ellis has a letter of commitment for sewer allocation and we need to honor that letter. We need to move forward and allow Mr. Ellis to continue with his project.
Mayor Bettis ask the board if they want to continue the debate. Alderman Outlaw asked Ms. Atkins if the Ellis team wanted to make a presentation. Ms. Atkins stated she had said what she wanted to say, other than a lot has been made about developers being treated all up and down Highway 70. Ms. Atkins can only say that this commitment was made years ago, and this group has done everything they were asked to do multiple times, revised plans, and I do not see how you can file a land use ordinance. I am not sure if it is legal to file a land use ordinance outside its jurisdiction. Attorney Davis might have the legal argument for the city. It was my understanding that Mr. Davis was going to use the term sheet that was presented at the January 19, 2010 meeting, and proceeds with drawing up an agreement. Mr. Hughes was asked to research whether it was the cost of the city paying for the difference for an eight inch line and a twelve inch line included in the agreement. That was the only consideration or idea to be added to the agreement. The last comment made at the January 19, 201 meeting, “we need to let this man do his business and get out of his way”.
The question was asked, how much was it going to cost to get sewer? Ms. Atkins stated it is going to cost $2 million dollars. Alderman Bengel wanted clarification on the numbers as far as the expenses for the city. Each of the 600 homes located on the Ellis’s property will pay $8,750 per tap. Residents within the city limits pay $2,500 per tap.
The board directed Scott Davis, City Attorney to delete #3.8, part 3 Developer Obligation from the agreement. Aldermen Bengel, Taylor, Bucher, Kinsey, and White were in favor of the original agreement. Alderman Outlaw was in favor of the revised agreement with #3.8, part 3, Developer Obligation.
12. Adopt Rules of Procedure for Small Local Government Boards
These rules were previously discussed, but never adopted. Alderman Bengel stated the board needs to keep the rules simple, and she and Alderman Taylor are accustomed to the Robert Rules of Order. Aldermen Kinsey and White prefer the Robert Rules of Order but have no problems with adopting the procedures. Alderman Bucher stated he has no strong feelings either way with adopting the rules of procedures, but feels every Aldermen needs to be heard. Alderman Outlaw stated he was familiar with the Robert Rules of Order, but is in favor of adopting the rules of procedures.
Attorney Davis stated within each rule, it requires the board to choose certain options before you can adopt them. He suggested the board to narrow the choices down, so they would have a little more stream line rules.
Alderman Outlaw made a motion to have a more simplified version of the Rules of Procedure, seconded by Alderman Kinsey. All in favor of the changes say, “Aye, all oppose say “Nay”, the “Aye” has it.
13. Appointment (s).
Mr. Wyatt suggested that the Electric Service Board, in conjunction with the NC Eastern Municipal Power Agency Board of Commissioners, appointments be held over until next week meeting.
Brownfield Steering Committee
The Brownfields Steering Committee is being established to assist the city staff and community outreach in selecting sites with hazardous substances, pollutant, or contaminants. The board needs to appoint a Liaison to this committee.
Alderman Bengel made a motion to appoint Alderman Bucher, seconded by Alderman Taylor. All in favor of say “Aye” all oppose say “Nay”; the “Aye” has it.
14. Attorney’s Report.
Attorney Davis had nothing at this time.
15. City Manager’s Report.
Mr. Wyatt spoke briefly about a grant. The city received an unofficial notification from the North Carolina Housing Finance Agency that the city was rewarded a $75,000 grant. Also, I would like to emphasis the importance of the appointment to the North Carolina Eastern Municipal Power Agency board. The commissioners vote on the directions of the power agency and are the final approval for any proposed power supply rate increases to the participant members. At 70% of the yearly operating expenses, the power supply cost has the largest impact on the retail rates of any operational expense. These meetings are held on the third Wednesday of each month at 10 a.m. in Wilson, N.C. In addition it has been brought to my attention that the Federal Court house (located on Middle Street) is doing some renovations to the building and would need a portion of Middle /New Street closed, February 22-26, and March 1, and 5, 2010. Normally, the board approves the closing of streets, but I don’t think this is necessary at this particular time. One lane of traffic will be open to the public and parking spaces will be available to the court house, as well as the driveway accessibility to the daycare. Also, I would like to thank Alderman Kinsey for being instrumental in lining up Representative G. K. Butterfield to visit the City of New Bern on February 17, 2010 at 3:30 p.m.
Mayor Bettis thanked the board for their input on the bridge issues. We as a board must make some tough decisions and come up with some answers at the next meeting.
16. Adjourn
Alderman White made a motion to adjourn the meeting, seconded by Alderman Kinsey and unanimously carried, time being 9:40 P.M.
____________________________
Mayor
___________________________________
City Clerk
RETURN TO TOP
Board of Aldermen Retreat
February 13, 2010
Airport Board Room
The following Board members were in attendance: Mayor Lee Bettis and Aldermen Bengel, Taylor, Bucher, White, Kinsey, and Outlaw. Staff members in attendance were Ed Wyatt, Interim City Manager, and Dawn Heller, Executive Assistant. Guests included Judy Hills and Nikie Mayo.
The meeting was opened at 9 a.m. by Mayor Bettis. Alderman White offered a prayer to begin the meeting.
Mayor Bettis asked for a decision to be made on the bridge issue before starting the program. Dana Outlaw made a statement that DOT is struggling with money issues and gave some examples. He indicated that DOT has not been able to do projects anticipated for a number of years and said they basically do the projects they want. Ed Wyatt suggested the Board wait until Tuesday at the Work Session to discuss the bridge. Denny Bucher also wanted to wait until Tuesday to make an official decision. Mayor Bettis wanted to go around the room and have each Alderman express their position on the bridge.
Sabrina Bengel said she is favor of moving forward with the agreement and then in a few years go back to DOT and ask for help with maintenance with the city being responsible the tender position. She thought we were spending too much time on this issue and felt we should swallow the agreement because she feels this is our obligation.
Victor Taylor indicated that the public knows that the agreement was not done by this Board, and we should accept what has been done and agreed upon. He believes down the line we should go back to DOT and try to make an agreement for maintenance.
Johnnie Ray Kinsey would like to move forward because we have been dealt this hand. He would like us to move on. He had a meeting with the citizens of Carolina Colours this week and feels he is being pressured to honor the agreement by the citizens.
Denny Bucher would like us to have a letter to DOT by Tuesday saying that we are unanimous on living up to the agreement. We should indicate we did not like the deal, it was not well or wisely done, but in an effort not to hold up the downtown merchants, we should move forward. He would also like to work ongoing with DOT and work out a compromise.
Bernard White indicated the bridge is like a vessel into New Bern. He would like to go on with the agreement. The bridge is like a peacemaker for the town and New Bern receives the benefits. The agreement was left to us and we should not worry about what they did in the past.
Dana Outlaw thinks we have many important issues such as water, sewer, electric, and taxes. He voted against the bridge and the Ellis deals in the past and stands by his decision and will vote against these issues now. He welcomes anyone to prove him wrong on these decisions. He believes it is wrong to have the liability for the overhead and unknown expenses. He will not be a part of the unanimous vote.
Mayor Bettis is against the bridge agreement. He feels that the deal is not spelled out in the agreement and therefore, there is no deal. He does not know why the state entered into an agreement that they knew New Bern could not afford. It was a bad decision on the part of the state. He acknowledges that the Board can move forward with a decision, but he will do everything that is permitted by a mayor to show his disapproval, including a letter to Governor Perdue. He indicated he supported the Board, but this decision is not what he wants. He will not represent the Board in a letter to the Governor. Mayor Bettis will get an opinion from the Institute of Government on his position as Mayor in posing his opposition to a Board decision.
Sabrina Bengel indicated that nobody asked what will happen if we say no to the bridge.
Dana Outlaw said this decision is not about the dollars, but is politics at its worst.
Bernard White wanted to know the consequences of saying no to DOT.
Denny Bucher wanted the Board to go on record that they did not support the decision of the previous board.
Mayor Bettis questioned what action had to be taken at the next meeting. Denny Bucher indicated nothing had to be done because the decision had already been made by the previous Board. Dana Outlaw agreed that there is nothing to bring up at the next meeting and indicated we have plenty more items to argue about besides this one.
Judy Hills began the program by introducing herself as Director of Economic and Community Development for the Eastern Carolina Council. She started with an icebreaker and went around the room asking each participant to identify something about themselves that nobody already knows.
The following topics were discussed during the morning session:
Board Relationships: what they expect from each other, how to be effective, and what image they wish to project.
Board Governance: transparency, how to reconcile campaign promises, length of time of meetings, how to have effective/efficient meetings, and the agenda process.
Working Relationship with Manager & Staff: channel of communications, micro-managing, information needed from staff, maintaining organizational structure, and earning Board’s trust.
Selection of New Manager: top priorities, choice from equally qualified candidates, and expectation of new manager’s relationship with the Aldermen.
Board Image: what legacy is left behind.
Outcomes from the morning discussion topics:
• Dana Outlaw suggested that Board members schedule a meeting with Department Heads to get up to speed on items before the public meeting.
• Mr. Wyatt responded to the question of communication between the Board and staff that, except for minor issues, all communications should be directed to the city manager and he will be the one to issue work orders to the appropriate Department Head. He indicated that the executive assistant is his right arm extension and will relay all email to the city manager.
• Qualifications for city manager should include: knowledge of water, sewer, electric functions; astute financial officer; able to develop an overall comprehensive plan for development which includes all areas of the city to restore the inequity.
• A better relationship with the County should be established. A meeting of the two governing bodies should be arranged.
• Mr. Wyatt explained the concept of an assessment center for picking a city manager and suggested an outreach program to attract candidates.
• The Board needs to think outside the box in order to stand up for unpopular decisions.
• Administration will put out a projected agenda to the Board on the Tuesday before the meeting by email with topics to be discussed. Backup to agenda items must be turned in by noon on the Wednesday before the meeting.
• Mr. Wyatt reviewed the budget process. He explained the budget will be more customer friendly. He reiterated the Local Government Commission’s concerns with our reserve accounts.
The afternoon session was devoted to visioning and priorities. There was discussion on the difference between a vision and a mission statement. It was pointed out that the city had a mission statement, and Dawn Heller cited it as, “The employees of the City of New Bern shall strive for excellence which will enhance the quality of life within our community by working together to provide accountable and equitable service to all citizens.” The conclusion was that we should seek samples of vision statements from other municipalities and that it is too soon to prepare such a statement. Perhaps in a year, this Board should again address this issue.
Ms. Hills asked each Board member to identify key issues facing the city and prioritize them. The responses are as follows:
Alderman Outlaw said that besides the normal water, sewer, and electric issues, getting streaming video on the website was a top priority. In his ward he has the issues of the culvert on Trent Road, sewer issues, James City issues, and wants discussion how to stop giving assets away. He also indicated some of these issues have been discussed for years with no solutions. Dana felt the Havelock decision is also a matter that should be decided soon.
Alderman Bucher thinks we need to be represented at more outside municipal meetings. He has not been getting positive input and feels we should be reaching out to fix our image.
Instead of continuing around the table, it was decided that each Alderman and the Mayor should prepare their list of issues, prioritize them, and send the list to the City Manager. The list will be compiled for Work Session discussions.
Judy Hills concluded by asking each Alderman what they will take away from this retreat. The responses are as follows:
Dana Outlaw thought the retreat was a good idea and suggested we continue them yearly. He asked everyone not to let their guard down and face challenges.
Denny Bucher said he was glad to be here. He thanked Ed Wyatt for his wisdom and knowledge and thought it was a great day, well spent.
Johnnie Ray Kinsey thanked everyone and said he agreed to think outside the box. He thanked Dana Outlaw for bringing the Havelock issue forward as a priority.
Lee Bettis thanked the facilitator, Judy Hills, and indicated this was a good start toward doing good for the community.
Sabrina Bengel wished everyone a Happy Valentine’s Day, and reiterated her desire to serve the public.
Victor Taylor thanked everyone for participating. He found it helpful to discuss the selection and interview process for finding a new city manager. He thanked Nikie Mayo for coming out in such bad weather.
Bernard White felt it was important that the Board set a tone. He wanted to proceed with a meeting with Havelock and with the county. He thanked Judy Hills for sharing her knowledge on municipal government.
Dawn Heller expressed her thoughts as an employee. She indicated that the employees are loyal to the new board and are working hard to earn the trust of the Board.
Ed Wyatt thanked everyone for attending and participating.
The retreat concluded at 2:30 p.m.
Minutes taken by Dawn Heller, February 13, 2010
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CITY OF NEW BERN
BOARD OF ALDERMEN
WORK SESSION
February 16, 2010
CITY HALL COURT ROOM 6:00 P.M.
300 POLLOCK STREET
Meeting Opened by Mayor Lee Bettis. Prayer by Alderman Dana Outlaw.
Board Members Presents:
Mayor Lee Bettis, Jr., Aldermen Sabrina Bengel; Victor Taylor; Dennis Bucher; Johnny Ray Kinsey; Bernard White; and Dana Outlaw.
1. Discuss the Bridge.
Mayor Bettis stated the current board inherited an obligation from the prior board to take ownership of the bridge once it is completed. We will probably necessitate a rate increase or tax increase if we accept the bridge. The board had a meeting previously with the Department of Transportation officials to sort out unanswered questions. Speaking as the Mayor, I am very proud of the way each of you handled yourself.
Alderman Bengel stated she is in favor of moving forward in honoring the agreement. The bridge must open, and we must go on with honoring the agreement. The downtown merchants have suffered for the last two and a half years; not only from the construction of the bridge, but from the construction of Broad Street. We have suffered financially in many instances because of the construction. I would like to make a comment regarding “why we did what we did” in asking the questions about the bridge. I would have not felt right if we did not look into this deal to make sure we knew every aspect of the deal in reference to the operating cost and maintenance. It was a boom time in 2006, when the prior board made this decision. Property values were at its highest, and we were in great shape financially. The former board had the thought that with revaluation of property happening in 4 years that values would double or triple creating the revenue the city could use for the operation of the bridge. I am sorry they did not take the time to ask the questions and find out how much it would cost to operate the bridge. “We were left with no road map to go forward, and for that I am sorry”. My vote is to move forward and let’s get the bridge open.
Alderman Taylor stated to move forward with the agreement the prior board made.
Alderman Bucher agreed we needed to move forward. We are all learning about a lot of issues and once we get pass this orientation period, we need to take a look at “how we prepare for the unknown”. At some point, we need to start preparing financially for whatever. I do not want to wait until we are all off the board and the next board to say I wonder why they did not do anything to prepare for the future. “I want to start that thought process shortly”.
Alderman Kinsey stated we need to honor the agreement and moved forward with taking care of the city business.
Alderman White stated, I agree with the board and we need to honor the agreement. We are committed to do what we said and move on with doing the business of the city.
Alderman Outlaw stated he had a little bit of a different background; I was on the board when this agreement was approved. I thank the patience of those in New Bern that can afford a bridge of this magnitude, and appreciate the patience of those who were in between that really did not want the city to absorb this maintenance cost. Also, I am pleading for those, who are not in a position to take on additional cost. They are already facing high sewer, water and electric bills. I do not want this hardship to be passed on to the residents of New Bern, especially the indigent or poor.
I stress to everybody by the year 2018, eighty percent of your federal revenue is going to be debt services. At some point in time the Federal Government is going to start cutting some programs. I am very concerned for the city as to what the future revenue will be. Currently, it is 80%, but if the federal revenue changes this city might would have wished they had negotiated a better deal.
Mayor Bettis stated the Board has spoken and they would honor the prior agreement with the exception of Alderman Outlaw. No formal vote was taken, it was simply discussion. Mayor Bettis said he was “vehemently opposed” to the decision, and many Aldermen said they would not have voted for it had they been in power when the bridge talks were under way.
2. Presentation on the Radio System
Chief Frank Palombo discussed the radio system needs citywide, and gave quotes from Motorola Company. The police department needs to replace the existing New Bern Single-Site (7) channel Trunked System, and (5) 911 Operator Positions with a new Project 25 Digital System with North Carolina VIPER compatibility. This 25 Digital System will cost $4,500,000. This amount is based on the assumption that the existing tower and building can be used.
The radios would also have to be replaced in order to fulfill the P25 Digital compliant. According to the re-banding inventory (2007) there are 445 portables, and 256 mobiles. The estimated cost to replace program and install all of the units would be $1,900,000.
Chief Palombo also discussed the possibility of building a new site. If a new site is needed, erection of a tower and providing a new shelter would cost $1,700,000. If an existing site is used or no civil work needs to be done the cost would decrease.
The new system is essential to the services for the City of New Bern. The fire department, electric utilities, engineering, public works, as well as the police department will benefit if the new system is put into place. A feasibility study is needed to replace the radio system and time is of the essence. It will take anywhere from 4 to 6 months to have results of the study and prepare for a new system to be planned. The cost of the feasibility study is $52,500, and the company providing the service is Kimball & Associates. The money for the study will be generated from three line item accounts; 1/3 from special appropriation, 1/3 from water operating fund, and 1/3 from electric operating fund.
The Board approved to do the feasibility study on the radio system.
3. Discussion on the Electric Service Board Including Appointments. Also, Appointments to the North Carolina Eastern Municipal Power Agency.
Mr. Wyatt suggested that appointments be made to the North Carolina Eastern Municipal Power Agency Board. This is very important that we have representatives in place just in case any proposed power rate increases occur. At 70% of the yearly operating expenses, the power supply cost has the largest impact on the retail rates of any operational expense. The board needs to appoint one commissioner and two alternates. Jon Rynne, Electric Utilities Director serves as an alternate.
Alderman Bengel made a motion to appoint Alderman Bucher as commissioner, and Mayor Bettis as an alternate, seconded by Alderman Taylor. Upon a roll call vote, Aldermen Bengel, Taylor, and Bucher voted “Yes”, Aldermen Kinsey, White, and Outlaw voted “No”. Mayor Bettis broke the tie with a “Yes” vote. The motion carried 4 to 1.
Mr. Wyatt discussed the role of the Electric Service Board relative to their responsibilities. An Ordinance was put into place that would advise the Board of Aldermen on various matters involved in operating an electric system in a fair and impartial manner, regardless of the location of the customer’s residence. The Electric Service Board shall serve in an advisory capacity only to the Board of Aldermen, the City Manager and the director of Electric Utilities. Any changes of policy within the operation of the electric system shall be referred to the electric service board for their review. The electric utilities director refers the changes to the city manager who in turn takes the suggestions under advisement. The city manager makes known the changes to the Board of Aldermen, who ultimately makes the final decision.
Aldermen Outlaw, White, and Kinsey suggested the Electric Service Board be disbanded and appoint individuals with electrical experience. It was suggested that the City Attorney get a proposal together on how to disband the current board, and restructure the Electric Service Board. The Mayor suggested this be discussed at a later meeting.
4. Adjourn.
Alderman Bengel made a motion to adjourn the meeting, seconded by Alderman Taylor and unanimously carried, time being 7:50 P.M.
__________________________________
Mayor
______________________________________
City Clerk
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CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
FEBRUARY 23, 2010
CITY HALL COURTROOM – 7:00 P.M.
300 POLLOCK STREET
1. Meeting Opened by Mayor Lee Bettis, Jr., Prayer by Pastor Henry Fields, Jr. Reaching for Souls Ministry. Pledge of Allegiance.
2. Roll call. Aldermen Sabrina Bengel; Victor Taylor; Denny Bucher; Johnnie Ray Kinsey; Bernard White; and Dana Outlaw.
3. Update on the 2009 Brownfields Grant.
Mike Avery explained that the City of New Bern was recently awarded two City-wide Brownfields Assessment Grants by the U.S. Environmental Protection Agency in the amount of $200,000 each. The funding for the grants will be used to assess potential Petroleum sites and Hazardous Substances sites.
The US EPA defines Brownfield as “real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant.” These properties are generally abandoned or underutilized commercial properties that were once occupied by filling stations, factories, and dry cleaners.
The City plans to use these grants to conduct an inventory of sites throughout the City of New Bern, and then prioritize them. The three areas the grants will primarily focus on are Riverstation, Five Points, and Broad Street corridor from Queen Street to Craven Street.
The Environmental Site Assessment will be in two phase. Phase I – ten Petroleum and ten Hazardous Substances, Phase II – five Petroleum and three Hazardous Substance. Phase I environmental site assessment reviews the historical uses of a property to determine if the past uses could have impacted soil or groundwater at the site. Phase II environmental site assessment include actual testing and analysis of samples of the soil and/or groundwater to determine if the past uses have resulted in contamination of the soil or groundwater, and the location and extent of the specific contaminants.
Sue Steinhauser, Community Development Coordinate, gave an update on the City’s Brownfields webpage and the Brownfields Steering Committee. This webpage can be accessed from the city’s website under the Planning and Inspection department.
The Brownfields Steering Committee has been established. This will be an advisory board and will assist with the Brownfield’s efforts. The steering committee is composed of organizations that are stakeholders in the areas which we will be focusing on. These organizations are: Historic Downtown Resident Association, Historic Riverside Resident Association, Greater Duffyfield Residents Council, Historic Dryborough Neighborhood Association, Chamber of Commerce, Craven County Health Department, Uptown Business and Professional Association, Swiss Bear, Neuse River Community Development Corporation, Board of Realtors, Craven County Bar Association, Habitat for Humanity, and Craven County Economic Development Commission.
There will be a kick-off meeting on Wednesday, March 03, 2010 at 6:00 p.m. in the city hall courtroom. The grant representative from EPA Region 4 will be attending this meeting, as well as the representative from the State Brownfield Program. Also, the Brownfield Steering Committee will be present.
4. Report on Affordable Housing Efforts.
Tharesa Lee, Non-Profit Coordinator, came forward and gave a report on the affordable housing efforts. Neuse River Community Development Corporation, Inc. is a licensed 501 (3) tax exempt Community Development Corporation that was formed in 1996 to address housing and community development needs in the low wealth neighborhoods of New Bern and Craven County. NRCDC’s mission is to provide low-wealth citizens with increased access to decent, safe, and affordable housing and expand business and employment opportunities.
NRCDC partners with other agencies to fulfill its mission. Some of the partners are the City of New Bern; Habitat for Humanity of Greater New Bern; Craven County Greater Duffyfield Residents Council; Twin River Opportunity; Uptown Business and Professional Association; Swiss Bear Redevelopment Corporation, and many more. Partnering with several of these agencies enabled NRCDC to sponsor a Housing Forum for the last several years with approximately 100 persons in attendance.
5. Public Hearing and Consider Ordinance Rezoning a Tract on the North Side of Pinetree Drive.
A public hearing was held to consider an application to rezone a 12.35 acre tract from R-10 Residential District to R10-A Residential District. This tract proposed for rezoning is currently vacant undeveloped land located on Pinetree Drive directly across from the Elk and Knight of Columbus Lodges.
Mr. Mitchell Brydge of Brydge & Lee desires to develop the site as an affordable housing community for seniors aged 55 and older. There will be 76 multifamily units built and approximately 400 additional cars traveling on Pinetree Drive per day. A community meeting was held by the developers at which time area residents were advised of the plans and invited to ask questions. The City Planning and Zoning Board voted unanimously at its regular meeting to approve the rezoning.
Alderman Outlaw made a motion, seconded by Alderman Bengel to open the public hearing. All in favor say “Aye” all oppose say “Nay” the “Ayes” has it.
Alderman Outlaw made a motion, seconded by Alderman Bucher to close the public hearing. All in favor say “Aye” all oppose say “Nay” the “Ayes” has it.
Mr. Ensley, a partner of the development, came forward to answer questions from the board. Alderman Outlaw wanted to know the current availability of public water and sewer. Mr. Ensley verified that all the necessary requirements were met in accordance to the City’s CAMA Land Use Plan.
Alderman Outlaw made a motion to adopt the Ordinance. The motion seconded by Alderman Bengel and on roll-call vote, all voted “Yes”.
6. Approve Refund of Taxes.
A tax refund is due to Kenneth Jennings in the amount of $1,310.98 in error of double listing made by Craven County Tax Assessor’s Office.
Alderman Bengel made a motion, seconded by Alderman Kinsey to approve the refund. All in favor say “Aye” all oppose say “Nay”; the “Ayes” has it.
7. Adopt Resolution Approving Audit Contract for Year Ending June 30, 2010.
Mary Muraglia, Director of Finance, explained the resolution and a “Contract to Audit Accounts” between the City of New Bern and Martin Starnes & Associates, CPAs, P.A. for the fiscal year ending June 30, 2010. The cost of the audit is $39,700. This is the second year of the additional four-year arrangement with this firm. The audit contracts must be approved by the Local Government Commission. Martin Starnes & Associates has performed a timely audit each year, with submission to the Local Government Commission on or before the October 31st due date. Mr. Bryan, partner in charge of the city’s audit, was present to answer any questions.
Alderman Bucher made a motion to adopt the resolution approving the audit contract. The motion was seconded by Alderman White and on roll-call vote, all voted “Yes”.
8. Adopt Resolution Calling for a Public Hearing to Amend the CDBG Infrastructure Hook-Up Project.
The city currently has a 2008 CDBG Infrastructure Hook-up grant in the amount of $75,000. The planning department received an application from an eligible homeowner for hook-up after the grant was received previously. In order to add this homeowner to the project, a public hearing must be conducted to submit an amendment for the grant. No additional funds are being requested.
Alderman Bengel made a motion calling for the public hearing. The motion was seconded by Alderman Kinsey and on roll-call vote, all voted “Yes”.
9. Adopt Oath of the 300 Committee.
Adopt a resolution to approve the oath of the 300th Committee. Van Cubertson appeared before the 300th Committee on February 5, 2010 for their input on the oath. Mr. Nelson McDaniel, along with the committee was agreeable to this oath.
Van Cuthbertson and students from Craven Community College, Aaron Harris,
Wali Davis, and Joe Nevels, II assisted Mr. Cuthbertson in writing the oath.
Alderman Kinsey made a motion to adopt the oath of the 300th Committee. The motion was seconded by Alderman White and on roll-call vote, all voted “Yes”.
10. Appointments.
Alderman Outlaw advised the board he needed to nominate a trustee for the New Bern Craven County Public Library. Mrs. Brenda Harding was appointed to the board in 2004, and she is available for re-appointment. The trustee serves a six year term.
Alderman Outlaw made a motion to appointment Mrs. Brenda Harding to New Bern Craven County Public Library Board as a trustee. The motion was seconded by Alderman Taylor. All in favor of the appointment say, “Aye”, all opposed say “Nay” the “Aye” has it.
11. Attorney’s Report.
Attorney Davis had nothing at this time.
12. City Manager’s Report.
Mr. Wyatt reminded the Board of the Neighborhood Meeting, March 2, 2010, 6:00 p.m. at Stanley White Recreation Center. This is Alderman Victor Taylor’s ward.
Thurman Hardison, Parks and Recreation Director had a request to partner with Craven County Schools for proposals for summer programs. The 21st Century Community Learning Center grant funds are provided to assist local education agencies, community-based organizations and others to provide before school, afterschool, and summer services through the establishment of 21st CCLC programs.
The City’s Parks and Recreation’s role would be to simply provide facilities for this program. The City would be included in the grant as an in-kind contributor providing facilitation for this program for approximately 65 hours.
Alderman Bengel made a motion to approve the grant application for the 21st Century Community Learning Center. The motion was seconded by Alderman Taylor and on
roll-call vote, all voted “Yes”.
13. Adjourn.
Alderman Bucher made a motion to adjourn the meeting, seconded by Alderman Taylor and unanimously carried, time being 8:40 P.M.
_________________________________
Mayor
_______________________________
City Clerk
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