Jan. 9 Board of Aldermen agenda with links

January 9, 2018 Agenda and Explanations 

1.   Meeting opened by Mayor Dana E. Outlaw.  Prayer Coordinated by Alderman Bengel.  Pledge of Allegiance.
2.   Roll Call.
3.   Request and Petition of Citizens.
This section of the Agenda is titled Requests and Petitions of Citizens.  This is an opportunity for public comment, and we thank you for coming to the Board of Aldermen meeting tonight to share your views.  We value all citizen input.

Speaker comments are limited to a maximum of 4 minutes during the public comment period.  At the conclusion of 4 minutes, each speaker shall leave the podium.  Comments will be directed to the full board, not to an individual board member or staff member.  Although the board is interested in hearing your comments, speakers should not expect any comments, action or deliberation from the board on any issue raised during the public comment period.
In the board’s discretion, it may refer issues to the appropriate city officials or staff for further investigation.  If an organized group is present to speak on a common issue, please designate one person to present the group’s comment, which shall be limited to a maximum of 4 minutes.
Consent Agenda
4.   Approve Minutes.
Minutes from the December 12, 2017 meeting are provided for review and approval.
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5.   Recognition of Graduates from Citizens Police Academy.
Graduates of the recent Citizens Police Academy will be in attendance to give an overview of their experience.  The latest academy marked the 21st session that has been conducted. (See Backup)
6.   Recognition of 2017 Badge, Faith and Fun Day Coordinators.
Badge, Faith and Fun Day was held on September 16, 2017 at Lawson Creek Park. The event was a one-day festival aimed at bringing the community together with the New Bern Police Department in a neutral, fun environment.  Event coordinators will be recognized, which included the following:  Copy and Print Warehouse, Chris Goodgin, Armstrong’s Grocery, Piggly Wiggly, Three Guys Signs, Publix, Craven Coffee House, Cotton Funeral Home, the Sun Journal, CTV-10, KISS-FM 102, Civitans, Boy Scouts of America Troop 299, NBPD Volunteers, Inc., Bender Apparel, Bouncin’ Time Rentals, New Bern Sporting Goods, Bear Towne Tents, Pastor Hazel Royal, Father Thomas Tully, Dana Tabbarini, Dr. James Herring, and Minges Bottling Group. (See Backup)
7.   Presentation of and Conduct Public Hearing on Recommendations from Master Parking Plan Advisory Committee.
The Master Parking Plan Advisory Committee (“MPPAC”) made a presentation before the Board of Aldermen at the Board’s work session on November 21, 2017.  The presentation included a list of recommendations relative to parking issues in the downtown area.  One of the recommendations was for the Board of Aldermen to conduct a hearing for the purpose of obtaining public input on the subject of parking and the proposed recommendations.  Members of the MPPAC will be in attendance to again share the presentation, after which the Board is asked to open the floor for public comment.  A copy of the presentation is provided. (See Backup)
8.   Presentation of Comprehensive Annual Financial Report and Fiscal Year 2016-17 Audit.
Copies of the Comprehensive Annual Financial Report (“CAFR”) and Auditor’s Discussion and Analysis will be distributed to the Board prior to the meeting on January 9th.  A representative from Mauldin & Jenkins, the firm that performed the City’s audit, will be present to discuss the findings of the CAFR and audit.  This report will also be made available on the City’s website on January 10, 2018. (See Backup)
9.   Discussion of Potential Lease of 408 Hancock Street.
(Ward 1) At the December 12, 2017 meeting, the Board discussed the potential lease of 408 Hancock Street to Community Artist Will, Inc., a local nonprofit that sells art, offers classes, etc.  Their initial offer proposed a base rent of $1,200 monthly for a three-year term with conditions that the City complete specific alterations to the building.  A later discussion evolved around a 5-year lease at a rate of $500.00 month with the lessee maintaining the interior of the building and the City maintaining the exterior and HVAC system.  It was also suggested a public component be included to provide for the nonprofit to work with Craven Arts Council to promote and educate the arts to school-age children, provide programming and space for the City’s Parks and Recreation summer youth program, and promote the building as a community arts center.
At the December 12th meeting, the Board voted to form an ad hoc group consisting of Aldermen Bengel, Harris and Aster to meet with Community Artist Will, Craven Arts Council & Gallery, and Foster Hughes, Director of Parks and Recreation.  The outcome of those meetings was to be reported to the Board at its January 9th meeting.
As a reminder, NC General Statute §160A-272 requires a 30-day notice be provided on any leases with a term greater than one year. (See Backup)
10. Discussion of Possible Ordinance Amendment for Cul-de-sac Radius Requirements.
Previous ordinances allowed for a cul-de-sac radius to be 63’ in cases where an island is not provided and 80’ in cases where a planting island is placed in the center of the cul-de-sac.  The Board since adopted Appendix D of the NC Fire Prevention Code, which provides for a recommended cul-de-sac radius of 96’.  Some developers have expressed concerns regarding the newly-required size for cul-de-sacs and associated costs.  The intent of the 96’ radius was to allow for a fire apparatus to make turnarounds in the cul-de-sac without having to back up; thus, reducing response times.  Fire Chief Boyd and Jeff Ruggieri, Director of Development Services, will be available to discuss this further and answer any questions. (See Backup)
11. Consider Adopting a Resolution Approving a Policy for Naming of Fire Apparatus.
Beginning in 1879, New Bern’s fire engines were traditionally named for the Mayor seated in office at the time the purchase of an engine was approved.  The proposed resolution will establish a policy to carry this tradition forward.  The resolution does provide an option for the Mayor to respectfully decline the honor, if so desired.  In such event, the apparatus would remain unnamed. (See Backup)
12. Consider Adopting a Resolution Approving an Agreement with East Carolina University for an Internship Training Program.
The City desires to enrich its internship training program through an educational relationship with East Carolina University (“ECU”) and its students by providing appropriate learning experiences to students who are enrolled in ECU’s internship programs.  Internship opportunities will be consistent with the City’s existing internship policy.  A memo from Sonya Hayes, Director of Human Resources, is attached. (See Backup)
13. Consider Adopting a Resolution Approving a Transportation Improvement Project – Municipal Agreement with NC Department of Transportation Under Project 47112.3.1.
(Wards 1 and 3) This agreement is for the First Street Road Diet project.  The terms of the agreement provide for NCDOT to design and construct the entirety of the road diet, which will reduce four travel lines to three and will add bike lanes and sidewalks along First Street from Neuse Boulevard to Pembroke Avenue.  Upon completion of the project, the City will reimburse DOT $260,000.00 of the cost.  Additionally, the City will assume maintenance of the sidewalks and will relocate and adjust all City-owned utilities that conflict with the project.  A memo from Jeff Ruggieri, Director of Development Services, is attached. (See Backup)
14. Consider Adopting a Resolution to Initiate the Upset Bid Process for 1111 Williams Street.
(Ward 5) Amanda Hurst has submitted an offer of $1,000.00 for the purchase of a vacant lot at 1111 Williams Street.  The offer represents 25% of the tax value, which is $4,000.00.  The property was acquired by the City and Craven County in March 2008 through tax foreclosure.  At the time of foreclosure, taxes were due to the County in the amount of $3,850.42 and $3,726.69 to the City.  The foreclosure costs totaled $2,273.83, and the City also incurred $3,200.00 in demolition costs.
If no other bids are received and the property is sold for the initial offer, the County will receive $528.63 and the City will receive $471.37.  The City will also be reimbursed the cost to advertise the offer.  Attached is a breakdown of the anticipated proceeds as provided by the City Attorney and a memo from the City Clerk. (See Backup)
15. Consider Adopting a Resolution to Initiate the Upset Bid Process for 1112 Grace Street.
(Ward 5) Amanda Hurst has submitted an offer of $1,000.00 for the purchase of a vacant lot at 1112 Grace Street.  The offer represents 25% of the tax value, which is $4,000.00.  The property was acquired by the City and Craven County in March 2008 through tax foreclosure.  Foreclosure costs totaled $2,098.71.  At the time of foreclosure, taxes were due in the amount of $1,810.41 to the County and $6,849.70 to the City, of which $4,750.00 represents a demolition lien.
If no other bids are received and the property is sold for the initial offer, the County will receive $543.10 and the City will receive $456.90.  The City will also be reimbursed the cost to advertise the offer.  Attached is a breakdown of the anticipated proceeds as provided by the City Attorney and a memo from the City Clerk. (See Backup)
16. Consider Adopting a Resolution Approving a Code of Ethics for the Board of Aldermen.
NC General Statue §160A-86 requires local governing boards to adopt a resolution or policy approving a code of ethics.  The proposed code of ethics is the same as one previously adopted by the City and meets with the City Attorney’s approval. (See Backup)
17. Consider Adopting a Resolution Approving Rules of Procedure for the Board of Aldermen.
At its December 12, 2017 meeting, the Board voted to begin its regular meetings at 6 p.m. instead of 7 p.m.  As a result, the Board’s Rules of Procedure must be amended to reflect this change. (See Backup)
18. Consider Adopting an Ordinance Amending Section 2-41 of Chapter 2, Article II, Division 2 Regarding the Board of Aldermen’s Regular Meetings.
Similar to the previous item, this amendment will revise the existing ordinance to reflect the change in time from 7 p.m. to 6 p.m. for the Board’s regular meetings. (See Backup)
19. Consider Adopting an Amendment to Part IV “Appearance Commission” of Article III, Appendix A of the “Land Use” Ordinance.
The ordinance pertaining to the Appearance Commission currently requires five members be appointed to the commission.  To comply with state statute, the proposed amendment will increase the number of members to seven.  All members shall be residents of the City’s planning and zoning jurisdiction at the time of appointment.  For reference, attached are copies of state statutes pertaining to appearance commissions.  The City Attorney will answer any questions the Board may have. (See Backup)
20. Appointment(s).
a) As reflected in the previous item, the Appearance Commission will now consist of seven members instead of five.  As a result, two additional appointments are needed.  Appointees shall be residents of the City’s planning and zoning jurisdiction and shall, when possible, have had special training or experience in a design field such as architecture, landscape design, horticulture, city planning, or a closely-related field.  Members of the Appearance Commission serve a three-year term. (See Backup)
b) Victor Taylor represented the Board of Aldermen on the New Bern-Craven County Public Library Board of Trustees.  The Board is asked to make an appointment to replace Mr. Taylor.  The new appointee shall serve as a trustee for the duration of their term of office.  The Library Board meets the first Tuesday of alternate months beginning with February.  The meetings begin at 7:30 p.m. and are held at the library.  Any Board member who is absent for more than three consecutive meetings during the year will be removed from the Board. (See Backup) 
21. Attorney’s Report.
22. City Manager’s Report.
23. New Business.
24. Closed Session.
25. Adjourn.

January 5th, 2018 by
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