WATCHDOG REPORT FOR NEW BERN BOARD OF ALDERMEN

CCTA WATCHDOG REPORT FOR NEW BERN BOARD OF ALDERMEN

REGULAR MEETING OF 25 JUNE 2013

1. Meeting opened by Mayor Lee Wilson Bettis, Jr. Prayer assigned to Alderman Taylor who yielded to Pastor Loretta Williams. Pledge of Allegiance.

2. All Board members were present except for Alderman Bucher who arrived at7:25pm.

Alderman Bengel asked to change the agenda to accommodate the students from the Epiphany School of Global Studies. They were attending in support of Agenda item #6.

Agenda item # 6. Adopt Resolution to Designate and Appropriate the Bryan-Fordham Cemetery Located on Queen Street.

(Ward 1) In 2006, a group of sixth grade students from The Epiphany School of Global Studies initiated a project to restore the abandoned Bryan-Fordham Cemetery located on Queen Street. Under the leadership of their teacher, Cille Griffith, the group, self-named the Pepsi Cola Kids History Club, were involved with grant writing and funding raising, public presentations and soliciting funds. Thanks to the New Bern Preservation Foundation and the Swiss Bear Downtown Development, the "Kids" were able to raise enough funds to make the brick cemetery walls safer and restore the historical appearance of the cemetery. Over a five-year period, the students completed a major restoration of the cemetery. The resolution recognizes the students' efforts and contributions and also reflects that the City will assume control over the cemetery since all owners have either died or are unknown. Student participants were: Mary Kate Amerson, Chase Ballenger, Ian Chiles, Austin Ferreira, Morgan Gerdes, Zane James, John Mayo, Alex McCunn, Dana McLaughlin, Ford Parson, Kristin Peed, Madison Propst, Morgan Qualkinbush, Holly Radford, Zulay Romero, and Savannah Tart. Alderman Bengel remarked how this was another great representation of a public-private partnership and encouraged other schools and groups to participate in similar projects in the city.

Resolution passed unanimously.

Agenda item #3. Presentation from Muscular Dystrophy Association for the Fill-the-Boot Drive and Proclamation to New Bern Firefighters.

"Each year the New Bern Firefighters participate in the annual Muscular Dystrophy Association (MDA) Fill-the-Boot Drive. Over a period of 11 years, they have raised over $85,850. Christine Bender, District Director, will be present to give a short presentation on the impact the New Bern Firefighters provide in helping the MDA reach their goals. A proclamation will also be read by the Mayor."

Agenda item #4. Presentation of Program for 4th of July Celebration 2013.

Thurman Hardison, Director of Parks and Recreation, outlined the events that are scheduled for the 2013 4th of July Celebration at Lawson Creek Park. Ratio Theatre Company will read the Declaration of Independence beginning at 5pm. From 6:30pm - 9pm the 2d Marine Aircraft Wing (MAW) Band will perform. Mr. Hardison said it had to be booked one year in advance due to high demand and the city feels privileged to have secured the band for these festivities. Fireworks begin appx 9:15pm. There will be food vendors offering pizza, burgers, hotdogs and sweets. Feel free to bring lawn chairs, coolers (no alcohol or glass), and blankets. The City also prohibits pets, weapons, and personal fireworks of any kind. Bicycles are allowed but they must be walked once one enters the park. For more info call (252)639-2901 or 639-2902. Alderman Taylor has a question regarding boaters. SInce boaters are required to be in by 3pm, what happens if a boater does not come in at that time. The answer was that the boater must wait until after the fireworks show is over, at appx 10pm.

Agenda item #5. Presentation of Police Department's Commission on Accreditation for Law Enforcement Agencies (CALEA) Award.

"The Police Department was awarded an accreditation certificate on March 23, 2013 at the conference of Commission on Accreditation for Law Enforcement Agencies. Chief Toussaint Summers and Mary Trude, Accreditation Manager, will present the certificate." NBPD was first accredited in 2003.

Agenda item #7. Adopt Budget Ordinance for FY2013-14 Budget.

"A public hearing on the proposed budget was held at the June 11, 2013 Board meeting. Changes have been made to the proposed budget as outlined in the memo from Keith Fiaschetti." Passed unanimously. Alderman White remarked that if he had been present at the June 11th meeting when this came up, he would have voted to approve the budget then, despite the fact that there is always some work that can be done on it, he said. Mayor Bettis stated, "The City is doing excellent financially. A lot of it has to do with Keith (Finance Dir) and Mr. Epperson." Alderman Bengel thanked Keith for spending lots of time with her to explain her concerns with the budget and answer her questions as well as those of several citizens that had requests. Alderman Kinsey said he admired Keith for putting the city first and complimented his staff for their hard work.

Per Finance Dir Fiaschetti's memo, the changes are as follows:

Under the General Fund...

> Governing Board - increased Allies for Cherry Point's Tomorrow (ACT) (Acct #76102) budget from $4,123 to $14,200. This was offset by a reduction in the Contingency organization budget by $10,077.

> Fire Dept - Merged the Volunteers' organization budget of $43,560 into the Fire Dept, broken down into the following line item accounts: Salaries part-time $12,000 (acct #61151) plus related Fringe Benefits of $2,366; added a Fire Volunteers line item (acct #74954) with the balance of $29,194.

> Sanitation - Decreased the annual debt service $2,661 (accts #77101 & 77201). This was offset by an increase in the Contingency budget.

Under the Electric Fund...

> Debt Service - Increased annual debt service $60,331 to reflect the new Series 2013 revenue bond and revenue refunding bond loan amortization schedules. This was offset by a reduction in the COntingency organization budget.

Under the Water Fund...

> Water Distribution Maintenance - Reduced Kale Road Rent (acct #73115 from $81,798 to $40,899 to properly reflect the systems allocated share of rent. This was offset by a $40,899 reduction to the systems Revenues - Fund balance appropriated (acct #81310).

> Debt Service - Reduced annual debt service $28,845 to reflect the new Series 2013 revenue bond and revenue refunding bond loan amortization schedules. This was offset be a reduction in the systems Revenues - Fund balance appropriated (acct #81310).

Under the Sewer Fund...

> Collection System Maintenance - Increased Kale Road Rent (#73115) from $0 to $40,899 to properly fund the systems allocated share of rent. This was offset by an increase of the systems Revenues - Fund balance appropriated (acct #81310).

> Debt Service - Decreased annual Debt Service $349,958 to reflect the new Series 2013 revenue refunding bond loan amortization schedules. This was offset by a reduction of the systems Revenues - Fund balance appropriated (acct #81310).

Agenda item #8. Adopt Ordinance to Amend and Close Out the Highway 17 South Sewer Improvements Project.

"The Highway 17 South Sewer Improvements Project is complete. The total spending was $23,129 under budget. This amendment will close the project fund and adjust the budgets to the final activity totals."

Passed by unanimous vote.

Agenda item #9. Adopt Ordinance to Amend and Close Out the Neuse Boulevard Water Project.

"The Neuse Boulevard Water Project is complete according to the City Engineer", Jordan Hughes, "and all accounting is finished. This amendment closes out the project fund and adjusts the budget to the final activity totals. Unspent debt proceeds of $553,258 will be used to partially fund the Neuse Boulevard Phase II Water Project." Passed by unanimous vote.

Agenda item #10. Adopt Ordinance to Amend the Neuse Boulevard Phase II Water Project.

"The Neuse Boulevard Phase II Water Project was funded entirely with a transfer from the Water Systems fund balance. As indicated in the explanation for the previous item, there are unspent debt proceeds from Phase I of the project in the amount of $553,258. This budget amendment recognizes those proceeds and will reduce the amount of transfer made from the Water Fund balance." Passed by unanimous vote.

Agenda item #11. Adopt FY2012-13 Final Budget Ordinance Amendment.

"The Final Budget Ordinance Amendment allows for final budget revisions for FY2012-13 to ensure all projected expenditures have sufficient budget and to realign the revenues to equal the appropriations."

Passed by unanimous vote.

Agenda item #12. Adopt Resolution Closing Lee's Drive to Main Street and Main Street to West Street on June 29, 2013 from 9 a.m. to 4 p.m. for United Missionary Baptist Church's End-of-School Event.

"(Ward 1) United Missionary Baptist Church will be hosting an out-of-school event on Saturday, June 29, 2013 and has requested Lee's Drive to Main Street and Main Street to West Street be closed from 9 a.m. to 4 p.m."

Passed by unanimous vote.

Agenda item #13. Adopt Resolution Closing the 1900 Block of St. John Street from 2 p.m. to 11 p.m. for the St. John Street Residents' 4th of JulyCelebration.

"(Ward 2) The residents of St. John Street will be holding a 4th of JulyCelebration and have requested the 1900 block of St. John Street between New Bern Avenue and McKinley Avenue be closed on July 4, 2013 from 2 p.m. to 11 p.m."

Passed by unanimous vote.

Agenda item #14. Adopt Resolution to Close Lawson Creek Park Boat Launch #2 on July 4, 2013 in support of the 4th of July Celebration at Lawson Creek Park.

"(Ward 3) The backside of Lawson Creek Park is hosting the 4th of July events. It is requested boat launch #2 be closed from 11 p.m. on July 3, 2013 to 11 p.m. onJuly 4, 2013. Boat launch #1 as well as the adjacent parking lot will be open from6 a.m. to 3 p.m." As Alderman Taylor brought up in the previous agenda item # 4, if your boat is not brought in by 3pm, you can wait until after the fireworks program. Alderman Outlaw asked to ensure that the proper signage would be posted to show alternate routes and to make the public aware of these closings; he was told "yes". Passed by unanimous vote.

Agenda item #15. Adopt Resolution Accepting 2012 CDBG NC Catalyst Grant and Authorizing the Mayor to Sign Grant Agreement and Funding Approval.

"(Wards 1, 2 and 4) The City has been selected to receive a 2012 CDBG NC Catalyst Grant in the amount of $500,000. The grant will be used to rehabilitate three owner-occupied dwellings, clear and reconstruct three owner-occupied dwellings, and install green infrastructure practices on Third Avenue and K Street. The funding includes $500,000 in grant funds, a $105,000 local commitment, and a $20,000 match from the Coastal Community Action's Single Family Rehab program. This resolution accepts the grant and authorizes the Mayor to sign associated documents."

From the CCA website, the SFA program..."The goal of the Single Family Rehabilitation Program (SFR) is to make a long-term positive impact on the state's stock of standard affordable housing by encouraging the comprehensive rehabilitation of existing, moderately-deteriorated owner-occupied units, occupied by households with one or more elderly and/or disabled fulltime household members or owner-occupied units with lead hazards and a child 6 years old or younger. The funds allow work to be completed on the homes which will bring them up to current code standards thus allowing residents to remain in their homes for a longer period of time. Applicants with household incomes below 80% of the area median income are eligible to apply. Renovation costs up to $56,000 may be completed on any one unit, depending on additional qualifying factors such as lead based paint in the unit. "

The point person for this was Mr. Mike Barnette from David & Associates. Ald Bengel asked if the dwelling at 817 N Craven was a rehab? Mr. Barnette did not know. She reminded that since it is in the Historic District it needed to be rehabbed in accordance with the HPC guidelines. Ald White asked how much money was being spent redoing and how much on demolishing and was the house at 936 Main St the big 2-story house? Mr. Barnette did not know. Mr. Barnette stated that New Bern was one of 14 receivers of this grant out of 64 applicants. Alderman Bengel asked if the local committment was from private source funding or city? City Mgr Epperson replied that there was a city match. When Alderman White asked how the 14 grant receivers were picked, Mr. Barnette told him that the amount of city committment figured signficantly in the awarding. Passed by unanimous vote. The other addresses that will be aided by this grant are 2203 Wake Ave, 1004 Colony Dr, 827 Clark Ave and 613 First Ave.

Agenda item #16. Adopt Resolution Approving and Adopting the Program Plans and Policies for the 2012/2013 CDBG Programs.

"(Wards 1, 2 and 4) Community Development Block Grant regulations require local governments to adopt certain plans and policies for its CDBG programs. The plans and policies are specific to the program year or, in the case of the Residential Anti-Displacement Plan and Relocation Assistance Plan, to the grant. In March of this year, a set of plans and policies were approved by the Board. Due to a need to amend the format to add a summary of the obstacles to affirmatively furthering Fair Housing and the procedure to resolve housing discrimination complaints, the attached set plans and procedures is updated to include the Recipient's Plan to Further Fair Housing." Alderman Outlaw asked for the official definition and clarification of the HUD Community Act of 1974 Section 104(d). Mr. Barnette explained that it meant that the city won't be left having displaced occupants as a result of executing the mission of the CDBG Programs. Passed by unanimous vote.

Agenda item #17. Approve Minutes.

Minutes from the May 28, 2013 board meeting were approved.

Agenda item #18. Appointment(s).

Alderman Bengel appointed Jerry Walter to the Historic Preservation Commission; reappointed Dorothea White to the Planning & Zoning Board; reappointed Kenneth (Kip) Peregoy to the Planning & Zoning Board; and, appointed Peter Adolph to fill the unexpired term of Phil Urich due to resignation.

Alderman Bucher appointed Pat Schibal (sp?) to the Historic Preservation Commission.

Alderman Outlaw reappointed Jeffrey Midgette, Barry Evans and Renee Murphy to the Board of Adjustments.

City Clerk Veronica Mattocks informed the board via memo regarding the following appointments to the Police Civil Service Board:

j) Alderman White is requested to nominate a replacement to fill Lois Jamison's term, which will expire on July 1, 2013;

k) Alderman Bengel is requested to nominate a replacement to fill Rodney Knowles' term which will expire on July 1, 2013; and

l) Alderman Kinsey is requested to nominate a replacement to fill Norman Smith's term, which will expire on July 1, 2013.

19. Attorney's Report. None

20. City Manager's Report. None

21. Announcements. Of the several announcements that were made, this reporter felt this to be the most important. Alderman Taylor requested Public Works Dir Mark Stephens to come to the podium. He asked him what was the meaning of the red flags his department staff left at the curb where a citizen would place their refuse. Mr. Stephens answered that it was his department's proactive effort for the purpose of educating residents who had those red flags posted at their curb as to what refuse was accepted by the city for pickup and what was not. He further explained that there was a check-off sheet on that flagged stake for staff to mark why the resident's refuse was not picked up. Alderman Taylor asked what were citizens to do about disposal of computers and televisions? Mr. Stephens stated they were to be taken to Monette's Grocery in James City. He said these regulations were outlined on the city's website.

22. Closed Session. Ald Bengel called for the closed session to discuss the suit that former alderman Robert Raynor brought against the city over this board's rescinding the 2003 healthcare ordinance that was available to elected officials who served 16 years or more.

23. Adjourned at 8:16pm.

Afterward, City Attorney Scott Davis announced the closed session pursuant to the appropriate NC Gen Statutes for: the Agenda item #22 matter, above; another attorney-client priviledge matter; and 2 potential acquisitions of property issues (could one be the downtown marina?!).

Mayor Bettis asked for the matters other than that of Mr. Raynor's lawsuit be handled first as he didn't have a dog in this fight with Raynor (this is not the first time he has made this remark). This reporter finds that interesting because Mayor Bettis was the prime instigator of rescinding the ordinance that Mr. Raynor is contesting (that the city would provide healthcare to elected officials after 16 years of service). In fact, it was the linchpin of the campaign platform of most members of this current board during the 2009 campaigns. However, at the time that issue was brought before this Board, Mr. Bettis had not yet been granted a vote in all matters before the board by the NC Gen Assembly; i.e., he was not allowed/did not register a vote on this matter. I wonder if the other Board members realized that they would stand alone in defense of their actions on this? A city source has informed me that this litigation by a Raleigh attorney has thus far cost the city appx $20,000.00. This is the 5th case that I know of during this administration wherein the taxpayers have needed to pay for an out-of-town attorney while we also pay the designated city attorney $203,364.00 per year: (Duke-Progress merger intervention: consultation for discussions with ElectriCities and case litigation at the FERC by firms Whitfield Russell and Duncan & Allen; Raleigh, NC attorneys/lobbyists Deans & Miner for Duke-Progress merger matters/electric rate matters at NC Gen Assembly; Raleigh, NC attorney to rep New Bern in Raynor v City of New Bern; and, Raleigh attorney for the Board of Adjustments special called meeting of June 3, 2013) equals at minimum $587,000.00 of taxpayer money.

Rhonda Taylor
CCTA Watchdog Reporter for NB Bd of Aldermen
New Bern, NC  Ward 6