City of New Bern - Alderman Meeting Minutes

CITY OF NEW BERN
BOARD OF ALDERMEN
May 6, 2008
12:00 NOON
CITY HALL CONFERENCE ROOM
300 POLLOCK STREET

SPECIAL CALLED MEETING

Roll-Call-Present: Mayor T. A. Bayliss, III; Alderman Julius Parham ; Robert Raynor; Alderman Mack Freeze; Joseph Mattingly; Dana Outlaw. Absent: Alderwoman Barbara Lee.

1. To Increase Fund Reimbursement to New Bern By Early Adoption of a Resolution Authorizing the Mayor to Sign a Promissory Note With the State of North Carolina for Funding of the Water Treatment Plant.

The attached Resolution was submitted for consideration. Alderman Freeze made a motion to adopt the Resolution, seconded by Alderman Raynor and on roll-call vote, with all voting “Yes”.

2. Miscellaneous.

Alderman Parham submitted a letter of resignation from Vickie Johnson, City Clerk, resigning from the 300th Committee. It was the consensus of the board to appointment Dawn Heller to fill Mrs. Johnson’s position.

3. Adjourn.

Alderman Raynor made a motion to adjourn the meeting, seconded by Alderman Freeze and unanimously carried time being 12:15 pm. *The following attachments are hereby incorporated into the official minutes.

_____________________________ _________________________________
Mayor City Clerk

RESOLUTION

BE IT RESOLVED BY THE BOARD OF AL.DERMEN OF THE CITY OF NEW
BERN:

That the Resolution dated May 22, 2007 regarding the acceptance of the State
Revolving Fund Loan for the Water Treatment Plant Project in the sum of $7,256,000.00 is hereby amended to read as follows:

Section 1. That the State Revolving Fund Loan for the Water Treatment Plant Project in the sum of $24,148,341.00 be and is hereby accepted.

Section 2. That the Mayor and City Clerk be and they are hereby authorized and
directed to execute a loan agreement for and on behalf of the City of New
Bern, so long as said agreement has been approved as to manner and form
by the City Manager and City Attorney.

ADOPTED THIS 6TH DAY OF MAY, 2008.

CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
May 13, 2008
CITY HALL COURTROOM – 7:00 P.M.
300 POLLOCK STREET

Meeting Opened by Mayor Pro Tem Robert G., Raynor, Jr. Prayer by Commissioner Johnnie Sampson, of Guildfield Missionary Baptist Church, followed by the Pledge of Allegiance.

Roll Call. Present: Aldermen Joseph Mattingly; Barbara Lee , Dana Outlaw; City Attorney Michael Scott Davis. Absent: Mayor T. A. Bayliss, III, (ill); Alderman Julius C. Parham, Jr. (Out of town); Alderman Mack L. Freeze (ill), City Manager Walter B. Hartman, Jr. (Out of town)

3. Request and Petitions of Citizens.

Attorney Lee Bettis of the AWARE Group, came forward and stated that the State of North Carolina has determined that the Soleil Group does not have a valid easement to the Sheraton walkway, noting that the city owns this property. He stated that the city also owns the riparian rights to the waterfront. Attorney Bettis stated that at an earlier meeting, Mayor Bayliss gave him an agreement between the City of New Bern and Maurice Elledge that was approved in 1984 regarding the development of the property that the Sheraton Hotel now sits on. He advised that after reading the agreement he is more convinced that the city owns the water under the docks where the marina is located and it is worth approximately 42 million dollars. Attorney Bettis told the board that they have an obligation to the citizens of New Bern to protect the waterfront and the estimated 42 million dollar real estate. Mayor Pro Tem thanked Attorney Bettis for his report, however noting that the board is not in a position to comment on the matter at this time.

Ms. Stevie Bennett, of 1312 National Avenue came forward and asked if she could speak about Item 7 from the consent agenda. Mayor Pro Tem Raynor stated that Item 7 will be removed from the consent agenda so Ms. Bennett could address the matter after this item. Ms. Bennett asked what action the city has taken on the bid process for the property on the corner of Craven and South Front Streets, noting that she has asked this question four times. Attorney Davis Advised that the governing board has discussed the matter and at this time he cannot comment on that discussion. Mayor Pro Tem Raynor noted that this matter is under litigation and will not be discussed tonight. Ms. Bennett asked if the city employs anyone who recruits new businesses to locate to the New Bern area. Mayor Pro Tem Raynor stated that the city relies on the Committee of 100, Swiss Bear and other entities and noted that market conditions affect these kinds of things. He further pointed out that this should be done by Craven County.

Ms. Bennett then asked if the city will go outside to retain council to represent the city in the lawsuit concerning the conditional use permit issued for property located on the corner of Craven and South Front Streets. Attorney Davis stated that the city will retain outside council. Mayor Pro Tem Raynor noted that Attorney Davis is busy with other matters of the city and will not have the time to devote to this lawsuit. Ms. Bennett pointed out that a few years ago, the Riverside Community filed the same type of lawsuit against the city and Attorney Davis represented the city in that lawsuit. Ms. Bennett asked if she could get copies of annexations of Arthur Farms and Stillwater Development and also the contract which was approved to run water and sewer lines to these properties.

Mr. Jerry Hobbins, of New Street came forward and addressed handicap parking. He mentioned several city parking areas downtown, noting that they did not have handicap parking available to the public. Mayor Pro Tem Raynor thanked Mr. Hobbins for bringing this to the board’s attention and asked Mr. Danny Meadows to look into the matter. Aldermen Mattingly and Lee also thanked Mr. Hobbins for bringing the matter to the board, noting that communities and government should work together.

***************CONSENT AGENDA***************

Alderman Outlaw made a motion to adopt the consent agenda with the exception of Items 7 and 9. The motion was seconded by Alderman Lee and on roll-call vote, all voted “Yes”.

4. Approve Minutes.

Alderman Outlaw made a motion to adopt the minutes for the month of April, 2008 and to approve the corrections as listed. The motion was seconded by Alderman Lee and on roll-call vote, all voted “Yes”.

5. Accept Streets for Maintenance in Derby Park.

Alderman Outlaw made a motion to accept the streets for maintenance, seconded by Alderman Lee and on roll-call vote, all voted “Yes”.

6. Adopt Resolution Calling for a Public Hearing on the Closeout of the 2005 CDBG Concentrated Needs and the 2006 CDBG Hook-up Programs.

Alderman Outlaw made a motion to accept the streets for maintenance, seconded by Alderman Lee and on roll-call vote, all voted “Yes”.

8. Approve Modifications to Final Subdivision Plan for West Crossroads Subdivision.

Alderman Outlaw made a motion to adopt the modifications to the final subdivision plan, seconded by Alderman Lee and on roll-call vote, all voted “Yes”.

10. Adopt Ordinance Amending Section 26-31 of Chapter 26, Article II of the Code of Ordinances entitled “Administrative Fee.”

Alderman Outlaw made a motion to adopt the Ordinance, seconded by Alderman Lee and on roll-call vote, all voted “Yes”.

11. Adopt Resolution Calling for a Public Hearing on the Question of Annexation of Property in the Trent Creek Road Area.

Alderman Outlaw made a motion to adopt the Resolution, seconded by Alderman Lee and on roll-call vote, all voted “Yes”.

12. Adopt Resolution Calling for a Public Hearing to Rezone 157.03 Acres in the Trent Creek Road Area.

Alderman Outlaw made a motion to adopt the Resolution, seconded by Alderman Lee and on roll-call vote, all voted “Yes”.

13. Adopt Resolution Calling for a Public Hearing on the Question of Annexation of Property located on Old Airport Road.

Alderman Outlaw made a motion to adopt the Resolution, seconded by Alderman Lee and on roll-call vote, all voted “Yes”.

14. Approve Agreement Between City of New Bern and Willie A. and Jane J. Stallings.

Alderman Outlaw made a motion to adopt the Resolution, seconded by Alderman Lee and on roll-call vote, all voted “Yes”.

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7. Adopt Resolution Extending Conditional Use Permit to Bridge Pointe Development, LLC.

(Alderman Parham’s Ward) We received a request from the developers of Bridge Pointe for a six-month extension of the conditional use permit granted by the Board on March 28, 2006. Enclosed is the Resolution, a memo from Bernard George, the request, and a site map.

Attorney Davis explained that this is a request to extend the terms of a conditional use permit for an additional six months advising that the permit was issued to Bridge Pointe Development , LLC. Mrs. Stevie Bennett, of1312 National Avenue came forward andstated that she doesn’t feel the board should grant the extension without a public hearing noting that the developers have requested that the extension not be made public. She also noted that the developers cited a sluggish economy for the extension. Mayor Pro Tem Raynor advised that the board is trying to do what is right for the City and that Ms. Bennett should not see the board as an enemy, noting that he feels she has an adversarial attitude. Ms. Bennett stated that she is not being adversarial for just asking questions, which is her right and stated that Alderman Raynor owes her an apology. Alderman Raynor stated that he was sorry for the remark, but feels Ms. Bennett’s remarks are out of line. Alderman Lee made a motion to adopt the Resolution extending the conditional use permit, seconded by Alderman Outlaw and on roll-call vote, with all voting “Yes”.

9. Adopt Resolution Approving Form of Agreement Between DS Simmons, Inc. and City of New Bern.

(Alderman Mattingly’s Ward) This Resolution will approve the agreement between DS Simmons, Inc. and the City for construction of the Municipal Swim Complex. A Resolution and the Agreement are enclosed. Alderman Outlaw noted that he wants to keep his vote on this item consistent with his past votes on the matter. Alderman Lee made a motion to adopt the Resolution approving the agreement, seconded by Alderman Mattingly and on roll-call vote, with Mayor Pro Tem Raynor, Aldermen Lee and Mattingly voting “Yes”, and Alderman Outlaw voting “No”. The motion was carried.

15. Appointment(s).

There were no appointments made at this time, however, Alderman Mattingly asked that anyone who wishes to serve on the Appearance Committee to give him a call.

16. Miscellaneous.

No one had anything to offer at this time.

17. Attorney’s Report.

Attorney Davis advised that he would like to give the board a presentation on the history of the Sheraton Hotel and Marina. It was the consensus of the governing board that Attorney Davis wait until the full board is present.

18. City Manager’s Report.

Mr. Danny Meadows, Director of Public Works advised that City Manager Hartman has rescheduled the budget work session from May 12, 2008 to May 30, 2008. Alderman Lee made a motion to approve the schedule change, seconded by Alderman Outlaw and unanimously carried.

19. Adjourn.

Alderman Lee made a motion to adjourn the meeting, seconded by Alderman Outlaw and unanimously carried, time being 8:47 p.m. The following attachments are hereby incorporated into the official minutes.

____________________________ ________________________________
Mayor City Clerk

CITY OF NEW BERN
BOARD OF ALDERMEN
WORK SESSION
MAY 20, 2008
CITY HALL CONFERENCE ROOM -6:00 P.M.
300 Pollock Street

Member Present: Mayor T. A. Bayliss, III; Aldermen Julius C. Parham, Jr.; Robert G. Raynor, Jr.; Mack L. Freeze; Joseph Mattingly, Jr.; Dana E. Outlaw. Absent: Alderwoman Barbara Lee (ill).

1. Discuss Relocation of the Train Depot.

Mr. Chuck Burnell, Vice President of the North Carolina Railroad came forward and advised that 18 months ago he met with city representatives and offered three hundred thousand dollars to the city for help in moving the train depot from its current location. He stated that the reason the railroad is not in favor of renovation of the depot at the current location is because of safety concerns. Mr. Burnell then showed the governing board a power point presentation of other renovated depots in other municipalities. Mayor Bayliss asked if it is possible to move the tracks further away from the depot. Mr. Burnell stated that he sat down with an engineer and it was determined that it would cost the railroad approximately two million dollars to move the tracks with no advantages for the railroad. Mayor Bayliss stated that the city wants to work with the railroad and asked if it is possible that the railroad will go back and look again at moving the tracks. Mr. Burnell stated that it will still cost the railroad a lot of money, but added that the railroad will be willing to work with the city. He noted that the railroad would love to see the depot moved to another location. Alderman Raynor advised that he feels the Preservation Commission should step up to the plate and get involved in this project, noting that this is not a city priority. He stated that the commission can apply for grants, or hold fund-raisers, and that they need to ask other cities in Craven County for support. Mayor Bayliss pointed out that the Preservation Commission cannot do this alone. Alderman Parham asked if there is a time limit on moving the depot. Alderman Mattingly stated that he would like to see passenger train service again in New Bern. After discussion, Mayor Bayliss thanked Mr. Brunell for coming and Mr. Burnell asked the city to bring a proposal to the railroad.

2. Discuss Parking Deck.

Mrs. Susan Moffat-Thomas, Executive Director of Swiss Bear, came forward and explained that several of the downtown business owners and residents have formed a parking committee, and stated that Mr. David Blythe is the chairman. She asked for the city’s approval to go forward by going door to door to downtown businesses and residents to see if they have suggestions as to where the parking deck should be located, or if they would be willing to sell their properties. Mayor Bayliss noted that this is a good idea. Alderman Freeze stated that this information is needed in order to make a decision on where to locate the parking deck. Alderman Outlaw stated that the city needs to do this, and not delegate this to a citizens group. Alderman Parham felt it is good to partner with citizen groups. Mrs. Thomas pointed out that the city has done similar things and the citizens group would like to work with the city staff collecting data for the Board of Aldermen. Alderman Parham made a motion to accept the proposal from Mrs. Thomas. The motion was seconded by Alderman Freeze and put to roll-call vote, with Aldermen Parham, Raynor, Freeze and Mattingly voting “Yes” and Alderman Outlaw voting “No”. The motion was carried.

3. Discuss Public Art Proposal.

Mr. Jim Bisbee, Chairman of the local Arts Council stated that the Arts Commission is two years old and works with Swiss Bear, the Tourism Development Authority and others. He asked that the city sanction the formation of a Public Arts Commission and it will be charged with bringing art in to the city. Mayor Bayliss asked if this will be an advisory committee. Mr. Bisbee stated that it will be. Alderman Raynor asked that the committee form their own Board of Directors, and that the Aldermen be left out of it. Alderman Mattingly noted that art is a luxury and does not want art to cost taxpayers any money. Alderman Freeze stated that public art is in many cities now, pointing out that Greensboro is becoming more of an artist community and would love to see New Bern form an art committee. Alderman Parham noted that it would be a good partnership. After discussion, it was the consensus of the board to asked City Attorney Davis to look at other cities to see how they deal with public art.

4. Discuss Sewer Allocation Issue.

Mr. David Muse, Director of Engineering came forward and explained that some people who have been issued sewer permits are taking years to hook up to the sewer, therefore limiting the permits for potential users. He stated that he would like to implement an ordinance making sewer permits null and void if they have not been used after two years. Alderman Parham made a motion to limit permits to construct waste water collection facility to two years. The motion was seconded by Alderman Raynor and on roll-call vote, all voted “Yes”. After discussion, Mr. Muse stated that he will have documents on the next agenda for the board’s consideration.

5. Miscellaneous

Attorney Davis gave a presentation of the history of the Sheraton Hotel and Marina. Mayor Bayliss said to keep digging until all the facts are found. Attorney Davis advised that Attorney Gordon Brown, an expert contract attorney has agreed to review all documents. Alderman Freeze made a motion to hire Attorney Brown, seconded by Alderman Parham. Alderman Raynor made a motion to excuse Alderman Outlaw from voting noting a conflict of interest. The motion was seconded by Alderman Parham and unanimously carried. The motion to hire Attorney Brown was unanimously carried.

6. Adjourn

Alderman Raynor made a motion to adjourn the meeting, seconded by Alderman Parham and unanimously carried, time being 9:00 p.m.

_________________ ________________

City Clerk Mayor

CITY OF NEW BERN
BOARD OF ALDERMEN MEETING
May 27, 2008
CITY HALL COURTROOM – 7:00 P.M.
300 POLLOCK STREET

1. Meeting opened by Mayor T. A. Bayliss, III with prayer by Elder Walter Lindsey, of United Missionary Baptist Church, followed by the Pledge of Allegiance.

2. Roll Call. Present: Aldermen Julius C. Parham, Jr.; Robert G. Raynor, Jr.;Joseph Mattingly, Jr.; Barbara Lee , Dana Outlaw; City Attorney Michael Scott Davis. Absent: None

3. Introduction of New Employees and Acknowledgment of Promotions.

Department Heads were available and introduced new employees and announced promotions. A memo listing new employees and recent promotions is attached.

4. Sewer Report by City Engineer.

David Muse came forward and gave a brief monthly report. He advised that the waste water treatment plant is in state compliance and everything is running smoothly. He further advised that work is being done to get the site prepared for the construction of the new water treatment facility on Highway 55 West. Alderman Mattingly stated that he was recently at the site and the dust from construction vehicles was terrible. Mr. Muse advised that the developers wet the site down a couple of times a day and added that he will ask them to spray the site with water more often.

5. Public Hearing on the Closeout of the 2005 CDBG Concentrated Needs and the 2006 CDBG Hook-up Programs.

Mr. David Barnette, of McDavid and Associates came forward and explained that this public hearing will be on the closeout of the 2005 Concentrated Needs Grant and 2006 CDBG Hook-up Grant and 2006 CDBG programs to receive comments on possible 2008 CDBG program applications. Enclosed are the 2005 CDBG Concentrated Needs public hearing notes; the 2006 Hook-up Public Hearing Notes; and the 2008 CDBG Program Application public hearing notes. Alderman Raynor noted that the grants have cleaned up the neighborhood substantially. No one in the audience spoke during the public hearing. Alderman Parham made a motion to close the public hearing, seconded by Alderman Outlaw and unanimously carried. No action was needed by the Board.

6. Public Hearing and Consider Ordinance on the Question of Annexation of Property in the Trent Creek Road Area.

City Attorney Davis advised that a petition was received from BPNC, LLC requesting annexation of real property consisting of 157.03 acres located north of Highway 17 South in the Trent Creek Road area. No one spoke during the public hearing. Alderman Parham made a motion to close the public hearing, seconded by Alderman Outlaw and unanimously carried. Alderman Raynor asked City Manager Hartman if he has considered impact fees. Mr. Hartman stated that at this time, he doesn’t feel they are necessary. Alderman Outlaw made a motion to adopt the Ordinance, seconded by Alderman Freeze and on roll-call vote, with all voting “Yes”.

7. Public Hearing and Consider Ordinance to Rezone 157.03 Acres in the Trent Creek Road Area.

Mr. Mike Avery, Director of Planning and Inspections came forward and explained that this is the public hearing requesting annexation in Item #6 above. He stated that he received an application to rezone the 157.03 acre track in the Trent Creek Road area from A-5F Agricultural Forestry District to R-10 Residential (123.07 acres) and R-10A Residential District (33.96 acres). Both tracks are in the extraterritorial jurisdiction. The governing board asked what the surrounding areas are zoned and asked Mr. Avery to explain each zoning classification. Alderman Raynor asked if Mr. Avery thinks there needs to be a zoning classification for area such as Ghent. Mr. Avery stated that it is not so much zoning as it is land design. No one spoke during the public hearing. Alderman Parham made a motion to close the public hearing, seconded by Alderman Outlaw and unanimously carried. Alderman Outlaw then made a motion to adopt the Ordinance, seconded by Alderman Freeze and on roll-call vote, with all voting “Yes”.

8. Public Hearing and Consider Ordinance on the Question of Annexation of Property Located on Old Airport Road.

City Attorney Davis explained that a petition was received from Willie A. and Jane J. Stallings requesting annexation of one and one-half acres on Old Airport Road in Township 7. No one spoke during the public hearing. Alderman Parham made a motion to close the public hearing, seconded by Alderman Outlaw and unanimously carried. Alderman Outlaw made a motion to adopt the Ordinance, seconded by Alderman Parham and on roll-call vote, all voted “Yes”.

9. Public Hearing and Consider Extending the City of New Bern Extraterritorial Jurisdiction (ETJ) and Initially Zone to R-10A Residential District of Approximately 80.13+/- Acres in the Duck Creek Area.

Mr. Mike Avery, Director of Planning and Inspections came forward and explained that this situation is somewhat fluid at the moment. The zoning request for the property has been modified by agreement between the developer and the city at the developer’s request. Since the hearing is scheduled, it is recommended that it be held and that the property be brought into the ETJ. As part of the motion to bring it into the ETJ, an additional part of that motion would be to call for a new public hearing on Tuesday, June 10, 2008 for assignment of zoning classifications. At that time, the zoning agreed to by developer and staff can be implemented. Mayor Bayliss asked Mr. Avery to explain ETJ. Mr. Avery stated that ETJ protects property outside of a city by regulating land use to support community and economic development. He further added that ETJ gives citizens living in these areas a voice to help decide what developers do with property next to them. Alderman Outlaw stated that he feels the City of New Bern did Bridgeton residents a favor by running much needed sewer lines there. He did however have concerns with the city providing police, fire and rescue to the ETJ area. City Manager Hartman explained that there are no plans to annex the area, just extend ETJ there. Alderman Outlaw suggested that City of New Bern officials meet with Bridgeton officials to work on this together. City Manager Hartman stated that four to five years ago, the City of New Bern approached Bridgeton about this, however, Bridgeton did not respond. Mr. Tad Michel, of the Bridgeton area approached the governing board and asked who to contact if he wanted to make a cut in Duck Creek for boaters. Attorney Davis advised that he would contact CAMA. Alderman Raynor made a motion to close the public hearing, seconded by Alderman Parham and unanimously carried. Alderman Outlaw then made a motion to adopt the Ordinance bringing the area into ETJ and to re-notice for zoning. The motion was seconded by Alderman Raynor and on roll-call vote, all voted “Yes”.

***************CONSENT AGENDA***************

Alderman Outlaw made a motion to adopt the consent agenda as written, seconded by Alderman Raynor and on roll-call vote, with all voting “Yes”.

10. Adopt Resolution Approving Agreement Between City of New Bern and Thomas W. and Patricia Downey.

Alderman Outlaw made a motion to adopt the Resolution, seconded by Alderman Raynor and on roll-call vote, with all voting “Yes”.

11. Approve Final Subdivision Plan for Commerce Park Phase II.

Alderman Outlaw made a motion to approve the final plan, seconded by Alderman Raynor and on roll-call vote, with all voting “Yes”.

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12. Appointments.

There were no appointments made at this time.

13. Miscellaneous.

Alderman Freeze stated that he feels the city should take a long hard look at the current land use plan and city ordinances that determine what can be built where, as well as the appearance of a structure. He added that he has become increasingly concerned about the land use plan, while referring to the Talbot’s project on South Front Street as an example of recent controversy related to the city’s regulations. Alderman Freeze stated that words like “mass” should be revisited. He requested a work session so the board can take a look at their land use policies. Mr. Mike Avery reported that the planning staff is currently working on a land use plan update.

Mayor Bayliss stated that Mr. Harold Talton, who recently passed away, will be greatly missed.

14. Attorney’s Report.

City Attorney Davis announced that the Sheraton documents will be online and that he is proceeding as rapidly as he can, noting that he has sent letters to Attorney Troy Smith, representing the Soliel Group and Attorney Lee Bettis, representing the AWARE Group, asking for their legal positions on the Sheraton matter.

15. City Manager’s Report.

City Manager Hartman asked that the board recess this meeting until May 30th, 2008 at 8:30 a.m. for the budget work session.

16. Adjourn.

Alderman Raynor made a motion to recess the meeting until Friday, May 30th, 2008 at 8:30 a.m. for the budget work session. The motion was seconded by Alderman Parham and unanimously carried, time being 8:30 p.m. The following attachments are hereby incorporated into the official minutes.

___________________________ _______________________________
City Clerk Mayor