All Board members and the Mayor were present as well as the City Attorney and City Clerk for this regular 7:00 pm BOA meeting. City Manager Epperson was absent; Mr. Bobby Aster, NBFD Chief assumed his position.
After the meeting's opening procedures, the first item of business, Agenda Item 3, was to Conduct the Public Hearing and Adopt the Ordinance to Amend Article II Definitions "Family" of Appendix. A "Land Use" of the NB Code of Ordinances. 3 citizens who reside within the downtown Historic District spoke and asked questions: (1) how does the city enforce the ordinance violations? (2) concerns were raised regarding what the citizens felt were too strict of a definition of the word "family". They stated this definition and any enforcement activities reminded them of "big brother" type government and they were opposed to such. The Development Services Dept Dir Mr. Jeff Ruggieri and City Attorney Scott Davis stated that this ordinance relied on a complaint driven system.
Citizens who notice zoning irregularities such as several meters installed on one single-family home or several staircases being built from outside doorways or unusual occupant traffic should report their concerns to the Zoning & Inspections Dept. Mr. Davis further explained that city staff does not conduct home by home inspections to check on who is living at a dwelling nor how many people exactly are living there ascertain how the residents may be related.
The citizens who spoke seemed reassured by that. Mayor Bettis further explained that this ordinance amendment was more of a restriction on builders and dwelling owners. Mr. Davis said most towns have put into law a cap of the number of dwelling occupants. This amendment would bring the legal description of what constitutes a "family" for zoning and land use purposes to be in line with the zoning requirements of any particular neighborhood land use designation (e.g., single family, multi family). Alderman White asked what happens to residents who are currently out of compliance should this amendment pass? Can they be grandfathered in? City attorney says no grandfathering clauses in this instance. The vote was taken and the ordinance amendment passed 6 to 1, Alderman White having voted "no". Point of contact for the types of complaints that fall under this ordinance is Mr. Greg McCoy, (252)639-7585 or email GREG MCCORY Complaints may be made anonymously.
Agenda Item 4 Approve Amendment to Subdivision Final Plan of Elizabeth Downs Phase I and Item 5 Approve Police Civil Service Board Register in order to add a candidate upon successful completion of medical, psychological and truth-verification examinations passed unanimously and without discussion.
Agenda Item 6, Adopt Resolution Authorizing Filing of Application with LGC (Local Government Commission) for Approval of Financing of South Front Street Streetscape Improvements Project. At the March 12, 2013 meeting, the Board authorized the Municipal Service District (MSD) Funds in the amount of $50k toward this project. The remaining $465,315 will be secured via purchase installment contract. Since this project involves improvements to real property this financing is mandated by NC law to need the LGC approval. The resolution passed unanimously.
Agenda Item 7 called for adopting a resolution calling for a public hearing on the financing arrangements for Item 6, above. It passed unanimously. The public hearing is set for April 9, 2013.
Agenda Item 8 also was an offshoot of Item 6. This asked the Board to Adopt FY2012-13 Budget Ordinance Amendment for Electric Fund and MSD Fund. this budget amendment was needed to (1) establish a $50k appropriation in transfers out to be funded with a reduction of budget in the future capital expenditures line item account in the MSD Fund. (2) Additionally the Dir of Utilities has requested $15,900 to purchase a replacement vehicle for a City vehicle which was totaled in a wreck. This vehicle purchase will be funded with insurance proceeds. Motion passed unanimously.
Agenda Item 9 asked the Board to Adopt a Resolution Approving Audit Contract for Fiscal Year ending 30 June 2013 for the firm McGladrey, LLP to perform the City's annual audit at a cost of $34,800, in accordance with NCGS 159-34. Ald Bengel questioned the $800 increase over last year's audit. It was explained this increase was due to normal cost-push measures and new pronouncements that are time consuming to implement as compared to last year's requirements. Alderman Bengel also asked if the City should expect to have to budget an increase every year hence and was told yes. The increase is estimated to be 2% per year. Board voted unanimous approval.
Agenda Items 10 thru 12 dealt with various street closings associated with MumFest (Oct 11 - 13, 2013, New Bern High School Prom (eve of Apr 20, 2013 til midnight of Apr 21, 2013) and the Annual Festival of Fun (morn of Apr 12 til eve of Apr 13, 2013). During Board discussion of this item, Alderman Bengel requested the City Manager to include in the agenda item description exactly which streets/blocks are to be closed. The reason is because most citizens don't read the agenda item backup info so it gives the appearance that downtown is frequently closed off. She said that the downtown merchants would appreciate that also because street closings tend to discourage business.
The topic afforded the most discussion was Agenda Item 13 Approve Minutes for the Feb 12, 2013 regular meeting, Feb 16, 2013 Retreat, and the Feb 26, 2013 regular meeting. Alderman White expressed his desire to offer the motion to approve minutes for Feb 12 and 26, but that he wanted to discuss the Feb 16 retreat minutes before motioning for their approval. Alderman Outlaw seconded. Mayor Bettis quickly announced the next agenda item; however several alderman voiced that not all the minutes had been offered for approval and that
Mr. White asked for discussion on Feb 16 minutes. Mr. White's concern was over the positions of City Tax Collector position realigned to be under the County, and the City Clerk & City Finance Director being realigned under different supervision under the City Manager. Alderman Bengel says she also has a concern about the tax collector position. Then Alderman Outlaw interjected a submotion regarding the Retreat Agenda Item 4c, an amendment to the city manager position to receive the $10k p/yr bonus. He would like to have it clarified in the minutes that the formal vote for this bonus was to take place during the next regular Board Tuesday evening meeting (Feb 26, 2013). Alderman Taylor quickly seconds. Ald Outlaw continues stating he also has concerns about making policy decisions at any Retreat involving subjects like city ownership of the marina. His reason is he feels Retreats are for planning purposes and not inking city policy. Mayor Bettis asks other aldermen to state their recollections surrounding the bonus amendment.
Alderman Bucher recounts that he was given direction by all the aldermen to pursue drafting the bonus amendment and bring it to the Retreat work session. He did so in consult with the City Attorney. Mr. Bucher further stated that all the aldermen had a chance to look at it during the Retreat meeting. He described that Alderman Bengel motioned to approve the bonus amendment and he (Ald Bucher) seconded and they all voted 'yes'. He said the board further directed him to bring it to the next Board of Aldermen meeting "so the public could hear what we had done". Mr. Bucher continued saying that Alderman Outlaw had asked 'are y'all okay with voting on this here?' and that "all the Board members said 'yes', including you, Mr. Outlaw". Ald Bucher stated that the "recent Board members' actions had created embarrassment for the City Manager and his family". "Some aldermen may not have gotten out of Craven County lately but" this is how it's done in the rest of the world, people don't stay in the same jobs as long as they used to and move away in order to move up. He also said "the way the Board handled the situation was an embarrassment to this board and if it wasn't a vote then there would not have been recorded a motion and a second".
The City Attorney interjects that he understands the submotion is to approve the Feb 16 minutes with the subject change and then asks "so what's the change?" Then Alderman Outlaw questions whether minutes of any Retreat have been done, then states that at least two past Retreats and a couple of meetings do not have approved minutes either; therefore, "empirical data suggests that retreats are for planning, not making policy, purchasing marinas or granting bonuses". Alderman Outlaw asks again, where are the minutes for Morgan's and other retreats? Mayor Bettis tells Alderman Outlaw to figure it out on his own. City Attorney Davis pleads, "could someone just repeat and give me the motion?" Alderman Outlaw says, "give me a second and I'll write it down". He also says he's talked with other Board members about resolving this... Mayor Bettis cuts him off in mid sentence and directs Alderman Outlaw to hand him his written submotion.
Alderman Outlaw wishes the Feb 16 Retreat minutes to state in reference to the 2nd page, paragraph 4c, 2nd sentence, 'An addendum to the city manager's employment contract was discussed and the issue is to proceed to a Tuesday night vote. Alderman Bengel made a motion and Ald Bucher seconded. He moves to strike 'the Board approves the agreement'. Alderman Bengel says 'in doing that doesn't that disregard the reality that the Retreat motions were made?' She then requests that someone read the whole paragraph that is in question.
After hearing the reread of Alderman Outlaw's submotion, Alderman Bengel asks if this is to be a voice vote or a roll call vote. The Board then discusses what a 'yes' vote means: does it mean the bonus was discussed and agreed in principle to bring up for Tuesday night approval? Alderman Bengel asks Alderman Outlaw, 'did we discuss it?' Alderman Outlaw ays 'yes'. Alderman Bengel asks Alderman Outlaw, 'did we hear motions?'. Alderman Outlaw says he 'questions whether the Board stuck to the definition of what a Retreat's purpose is'. Alderman Bengel asks Alderman Outlaw, 'did we have a unanimous agreement?' Alderman Outlaw says, 'no one had a problem with what was written on the paper (in reference to the actual content of the bonus amendment), but I have a problem with the notes that were made by Ald Bengel and City Mgr Epperson being approved as the minutes of what actually happened'. Alderman Kinsey says, 'we voted at the meeting but the agreement was we would bring it to the Board meeting on Tuesday night so everyone, the people, would know what we did'. Alderman Outlaw and Alderman Kinsey discuss what the vote meant saying that, 'everyone voted to unanimously bring it (the bonus amendment) before the next Board meeting, it was not a unanimous vote to approve the actual bonus'. Alderman Bengel says, 'I thought what we did was - the notes say we discussed, voted unanimously, and put on the agenda for the next Board meeting to inform the public'. Alderman Outlaw asserts that 'the Retreat was misused to make policy instead of conducting a Retreat in the true sense of the definition which is to make plans'. Alderman Taylor emphatically interjects, "I agree with everything he said (meaning Outlaw)".
At various times during the above discussion, Mayor Bettis is interjecting pleas to calm down or trying to get one alderman at a time to speak and to regain focus on understanding exactly what the meeting procedures should be and what exactly are the motions or submotions that they are to be voting on. The Mayor calls for a vote: 4 (Taylor, Kinsey, White & Outlaw) vote 'yes' to Alderman Outlaw's submotion (which strikes the sentence stating the Board's unanimous vote of approval of the bonus at the Retreat was a formal vote of approval). Suddenly, Alderman Kinsey cries, "wait" and says he's 'confused about the voting part'. Mayor Bettis calls for a 10 minute recess, City Attorney Davis reminds him that there must be a motion and a second for that recess; Alderman Taylor makes the motion to recess (and I did not hear a second or a vote on this motion). Mayor Bettis states that Ald Outlaw is to write down his submotion, prompting Alderman Outlaw to say "I already wrote it down". Recessed at 8:09 pm.
Meeting resumes at 8:23pm. Mayor Bettis states that the 10 minute recess took a little longer but they reduced the submotion to writing, so he will read the amendment to Alderman Outlaw's submotion. A roll call vote was taken: Voting 'yes' was Taylor, Kinsey (who made a statement before casting his 'yes' vote), White and Outlaw. Alderman Kinsey's statement was, "I want to make a statement first. We all agreed to make this happen at a Retreat and bring it before the Board on Tuesday night at the regular meeting". Voting 'no' was Alderman Bengel, Alderman Bucher and Mayor Bettis. Mayor Bettis says 'alright, the motion carries. Moving on to Appointments'.. So, the minutes for the Feb 16, 2013 BOA Retreat should state in effect, 'An amendment to the submotion per Alderman Outlaw should strike paragraph 4c of the minutes and read: During the February 16, 2013 retreat, a motion was made by Alderman Bengel to approve Amendment No. 1 to Employment Agreement with the City Manager to include a $10,000 payment in January 2014, 2015, and 2016, seconded by Alderman Bucher and granted by unanimous vote a conditional approval to be formally and finally approved by a Board vote at the Tuesday, February 26, 2013 regular Board of Aldermen meeting'.
There were no appointments or reports from the City Attorney or City Manager.
Several aldermen had Announcements as follows:
Alderman Outlaw: expresses desire for Board to come together to develop minutes for the past two retreats and the Sep 24, 2012 meeting at Morgan's, which discussed the city manager evaluation.
Mayor Bettis: said, 'I would like to change the 'minutes' to 'hours' and chuckled.
Alderman White: Announced the meetings for the MLK Outreach Committee and the Voters' League. He also made the statement: "Equal rights and justice - I don't seem to see it. Give me or liberty or give me death".
Alderman Kinsey had no announcements.
Alderman Bucher reminded the public that the Christian Holy Week had begun saying "I wish all Christians a blessed Resurrection Day on Sunday".
Alderman Taylor said "when we were elected we said we would work together." He requested that when a concerned citizen contacts an alderman and that concern is not within their ward to please pass the citizen complaint to the appropriate ward and its alderman. He also expressed his displeasure over discovering it was taking the City a good month to deliver the aldermen's emails within their city account to them. He also announced, and specifically noted that he wanted the Sun Journal and the people who write the tax party's newsletter (did he mean CCTA?) to know, he would not be at the April 9th BOA meeting due to a pre-scheduled surgery appointment with the VA.
Alderman Bengel had no announcements.
The closed session was deemed unnecessary and the meeting adjourned at 8:32pm.
**To watch for: (1) upon public release of the Feb 16, 2013 Retreat minutes, focus your attention on what will be happening with the Marina; another project requiring use of our electric enterprise funds ( stipulated as PILOT funding; derived from City of NB power customer bill payments) that cannot be accomplished without them; how NB will be administering & collecting taxes; changes to funding organizations previously funded under the budget category of special appropriations; what will be done with city-owned property on Kale Rd. and the Dunn Bldg., as well as some vacant city lots; and, (2) Continue to read about the Gateway Renaissance program CLICK HERE and be aware of these projects coming before the various city boards for discussion and possible approval, noting the use of federal grants and city matches as well as oportunities for public comment.
Rhonda Taylor
Ward 6
New Bern, NC 28562
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