Showing posts with label Alderman Kinsey. Show all posts
Showing posts with label Alderman Kinsey. Show all posts

Sunday, June 23, 2013

NEW BERN BOARD OF ALDERMEN

CCTA WATCHDOG REPORT FOR NEW BERN BOARD OF ALDERMEN
REGULAR MEETING OF 11 JUNE 2013

1. Meeting opened by Mayor Lee Wilson Bettis Jr. (yes, he returned after missing 4 BOA meetings. However, he did not say whether or not this was a one time appearance or that he will attend consistently until the end of his term.). Prayer assigned to Alderman Taylor who invited Rev. Andrew Cox to conduct the opening prayer. Pledge of Allegiance.

2. Roll Call. All members were present except for Ald White. He was excused to attend a graduation ceremony.

Agenda item 3. Request and Petition of Citizens.

For the first time since it's institution, the Mayor did not read the public admonition for speakers to limit their comments to 4 minutes, that the board members would not be responding to any public comments and that the board may/may not choose to ever give them a reply!!

a. Ms. Stevie Bennett of National Ave., asked for a list of the addresses of properties which have liens against them along with the amount of the lien; same for those which have violations assessed & their amounts. {Reporter's note: I would encourage the public to view the June 4th Planning & Zoning Board meeting on the City TV Ch 3 or on the city website @ http://www.newbern-nc.org for edification, noting the changes that Development Services Dept staff are making which will negatively affect income to the city}. She requested the sum total of spending toward the city's Branding of New Bern Campaign as well as an accounting of what the $75,000 will be spent for during its implementation phase. She gave a brief on how the city staff presented this proposal to the Board: that it was to be done in two phases, requiring $82,000. She has now discovered that in March 2013, the city diverted $10,000 from the General Administration budget of both the office supplies/materials line item and the postage line item ($5K from each), (per an email I sent to her that I received on June 4, 2013, in response to separate budget questions I posed first to the City Manager's office, then to Ald Outlaw, who forwarded it to the Accounting Dept on May 23, 2013). And now, she continued, the city asks for another $75,000 from the taxpayers. If this is granted, the total contribution toward the project is $167,000, which is $85,000 more than initially proposed to this board. She asked "how many on this board would have voted to approve this if they had know what the total costs for this effort would end up being?"

She requested the status of her previous request to have a bulletin board constructed and installed at the bottom of the steps of City Hall, to allow those citizens who could not climb those steps to be informed of public city meetings and other government body events. On the subject of the proposed capital project of constructing an elevator for City Hall, she asked why it was going to cost $60,000 for just the architectural design fee? Then she asked if it would be shelved just as the Preservation Plan was. She remarked that it had been 1 year & 8 months since that plan had been finalized yet nothing had been done to implement it. She then asked the board if this would be the same fate for the FY2014 budget line item request for the $75,000 for the implementation phase of the Branding Campaign. Ms. Bennett also asked what would be done with the current tax office space in the Dunn Bldg and it's $100,000 of budgeted monies since it is now to be under the Craven County government auspices. Her final comment was to say that she thought it ridiculous that the city's Land Use ordinance has not been rewritten/revised since 1992.

*Back-story of the City of New Bern Branding Campaign:

> First of all, from the June 26, 2012 BOA meeting minutes regarding the Branding Campaign that Ms. Bennett reminded the board of and asked the details of:

Agenda item "10.

Approve Budget Amendment for Branding Campaign.

Mike Epperson, City Manager presented a power point presentation to the board. In January 2011, the Board adopted strategic goals and objectives for the City of New Bern, one objective of which was "Market ourselves for smart development." This objective was refined during the Board retreat held earlier this year when the Board adopted the objective "Complete a branding campaign for the City of New Bern to assist with recruiting businesses, residents and tourism." Community branding is a process which, using valid research and data collection, helps a community discover its greatest assets and create a platform in order to be more competitive. A working group including representatives from the City, Tryon Palace, Swiss Bear, the Chamber of Commerce, Craven County Economic Development, the Convention Center and Coastal Carolina Regional Airport evaluated potential consulting partners and believes that North Star Destination Strategies is the best firm to help facilitate this branding process. North Star has proposed a two-phase process, and we are asking the Board to approve funding phase one at this time, at a cost of $48,000. Weyerhaeuser Land Development Company is interested in contributing $2,000 toward this effort and is willing to work with local businesses to potentially develop partners to fund phase two, at a cost of $34,000. Alderman Bucher stated the goal for branding should reflect "who we are and why would people relocate as well as bring businesses to New Bern". New Bern is not well known nationally, but only in the state of North Carolina. He has discovered this as he has traveled around the world.

Alderman Bengel made a motion to adopt the budget ordinance amendment for the branding campaign, seconded by Alderman White. Upon a roll call vote, the motion carried unanimously." "

> Per a Nov 21, 2012 interview of NB Public Information Officer Colleen Roberts by the NB Sun Journal, this is who was on the Branding Advisory Committee: "the city's aldermen and staff; representatives from the Convention and Visitors Center, Coastal Carolina Regional Airport, Tryon Palace, Swiss Bear Downtown Development Corp, NB Riverfront Convention Center, Committee of 100, and the NB Chamber of Commerce".

> From a Jan 13, 2013 NB Sun Journal article: {boldface throughout this section is reporter's emphasis} "A new phrase was coined to describe New Bern during the first phase of the city's branding process: "coastal river culture." Adam Winstead, project manager of the North Star Destination Strategies consulting firm out of Tennessee, explained the first phase of the branding concept to aldermen Tuesdaynight. The Board of Aldermen agreed in June to pay North Star $48,000 for the first phase of the study and $34,000 for the second "creative" phase. City Manager Mike Epperson said he wants a new brand that would attract visitors, residents and businesses to New Bern. Epperson, city management staff and Alderman Sabrina Bengel had a webinar conference with Winstead on Jan. 17 about the phase one study that lasted three hours because of the detail and amount of information in the plan. {Reporter's question: why only 1 alderman at this conference, who happens to be the one who motioned for this campaign to be funded?}. The first phase focused on the attributes of the city. The consulting firm did a survey of the community, receiving 283 responses, and a survey of Raleigh and Greenville, getting 223 responses, to find out more about the city, residents and businesses and what perception other cities have of New Bern.

The surveys showed the biggest selling point for New Bern is its history, Tryon Palace and the North Carolina History Center; also, its proximity to the coast, downtown New Bern and the diversity of the people, Winstead said. Other attributes include a strong manufacturing and industrial community; calm, relaxed atmosphere; and the potential for growth, he said. A "branding barometer" the consulting firm arrived at through its research showed a graph where people are very positive about living in New Bern and visiting the city. However, conducting business in New Bern was not as high on the meter, Winstead said. The city faces challenges attracting young professionals and providing jobs. {Reporter's comment: Ald White has mentioned this at many board meetings}. The perception of the community is that the city is "not very friendly" with high utilities and the lack of shopping opportunities, Winstead said. {Reporter's comment: this is news to us?}. The consulting firm recommended starting an economic development plan (which city staff is working on), adding tours of the city and a better night life. One of the best ways to attract business is by improving blighted areas in the city (which the city is also working on), he said. {Reporter's comment: since the city is already doing these things that NStar is recommending, and is aware of obstacles that NStar is pointing out, it appears we are paying $82,000 for confirmation that what we are doing is correct}.

Bengel said, "...the city has limited marketing funds and branding would help spread the word about what the city offers".

Alderman Johnnie Ray Kinsey said, "...he believes promoting the unique history of the city will give it the most for its money." "

>From a March 31, 2013 NB Sun Journal article: "New Bern is preparing to embark on the second phase of a plan to show off the city's attributes after partnering with four agencies to start the creative portion of a new community brand. Colleen Roberts, New Bern's public information officer, said the city has partnered with The Committee of 100, the New Bern Area Chamber of Commerce, Swiss Bear Downtown Development Corp. and the Tourism Development Authority to identify and establish a brand that will guide current and future marketing efforts for the greater New Bern area. {Reporter's question: what happened to participation by representatives from Coastal Carolina Regional Airport, NB Riverfront Convention Center, Tryon Palace and Convention and Visitor's Center? Are any of these organizations contributing any money; if so, how much? Any of those Ward 1 MSD funds going to be contributed?}

The city hired North Star Destination Strategies of Nashville, Tenn., last summer to undertake the branding initiative. Branding initiatives typically encompass two phases: research, and then creative development and implementation, Roberts said in a statement. {Reporter's question: If implementation is included, why must the taxpayer's fork over this newly requested $75,000 in the FY2013-2014 budget for what City Mgr Epperson states is for implementation?}. The contract for phase one of the community brand was $48,000. The phase two contract is $34,000. Phase two will encompass all of the artwork, imagination and creative design that will be used to implement the brand. The phase two contract has been signed and should begin later this month, Roberts said. According to North Star, phase two is most successful when the community participates. The five agencies included in the partnership will receive a standard set of logo options, color palette, stationery design, business cards, and PowerPoint templates, slogan development and recommendations for a community-wide portal, Roberts said. The partners also have the option to have North Star create custom items for their agencies, such as design of environmental/outdoor applications, signage, economic development packages, marketing materials, a new website, mobile applications, social media design, etc., Roberts said. {Reporter's questions: What becomes of the Wayfinding Sign program that the city & Swiss Bear had already begun working on, as reported in July 17, 2012 BOA Work Session minutes, which is funded in part by City of NB with in-kind services estimated to be $60,000? Did we just waste the taxpayers state contributions of $100,000, since this project was funded by the DOT grant; or the as yet to be published promised contribution of an unknown amount from the Tourism Development Authority? Is the city needing the $75K for an options package vice implementation? Why can't the city's Public Information/IT Dept handle much of the items in the options package, or even New Bern print and sign companies? Especially as we are currently paying at least $20K for an out-of-town Raleigh NC attorney to litigate the suit former alderman Raynor brought against the city, have paid $20K to 2 Raleigh lobbyists and a Washington DC firm of attorneys & economists $343K to litigate the intervention against the merger of Duke-Progress, and are currently paying the Nashville TN North Star Destination $92K? Is both our county and our town so incompetent, inept, incapable and/or unprofessional that we can't support our own? Perhaps not using our own resources is part of our problem?}. Mike Epperson, city manager, said community branding in New Bern is going to happen. "And we're excited to have the community's support in this important process," he said in a prepared statement. "This partnership represents a promise. A promise that in everything we do, every story we tell, every effort we make to increase residents, visitors, and businesses...we will speak in one community voice."

For phase two, a representative from each organization will participate as part of a design review team that will work closely with North Star. Phase two is expected to last approximately three months, and then the partner agencies will move forward with implementation of New Bern's new community brand, Roberts said.

Susan Moffat-Thomas, executive director of Swiss Bear, said the idea of branding started several years ago when representatives of different nonprofit agencies met monthly to discuss what they were doing and their future plans. The group also talked about branding and how it could be a positive asset for New Bern, she said. But the group did not have the financing to go after a branding campaign, Moffat-Thomas said. When the city hired Epperson as city manager, the idea was pursued again and presented to him and Alderman Sabrina Bengel, who both thought branding had positive attributes for the city.So the city decided to fund the first phase, Moffat-Thomas said. "It will provide an opportunity to market the city and county, in general, for new businesses and put our city on the map, attracting visitors," Thomas said. "Everything is so competitive now you have to work at marketing a city. I really hope this will do that. I'm looking forward to what the outcome will be." " {Reporter's comment: NStar has stated that this is NOT a marketing plan. The city is financing non-profit org's ideas as well as granting them tens of thousands of dollars of special appropriations taxpayer money on a recurring annual basis. Recall from the May 23rd budget workshop that the city will find the need to raise taxes 2 to 3 cents and increase utilities rates by 2015. The city presented a budget for approval with appx 175 items asking to be funded. Not only did it show no cuts to the public, but it added $10,000 to the advocacy/lobbying activities line item for Allies for Cherry Point's Tomorrow. ACT used to be under special appropriations until this budget}.

> Reporter's Note: The Tourism Development Authority (TDA) is a Craven County government agency. The Committee of 100 is a county organization concerned with fostering economic development within the entirety of Craven County. The only money contributed from Craven County for this Branding Campaign that I have been able to track down is a $2,500.00 contribution from the Committee of 100 that City Mgr Epperson announced during the BOA meeting of 15 Sep 2012. I don't know the funding source for this contribution. At this BOA meeting of June 11, Mayor Bettis reappointed Ward 1 Alderman/mayor pro tem Bengel to the CCTDA.

b. John Serumgard announced the Elks Lodge #764 will be conducting a Flag Day Ceremony at the Union Point Park gazeebo on Sat., June 15 @ 11am. He highlighted that the 2nd MAW Band, the Young Marines, and the Jr. NROTC color guard from New Bern High School would be performing.

c. Heather French spoke her opinions that the board/city should have ALL the facts and carefully consider whether the Pole Dancing Competition was appropriate to be held in our town and whether pole dance classes should be offered in the city's gymnastics or dance studios that cater to young people. She described the events at the competition, which was held at the Riverfront Convention Center and which she attended, as being sexually provacative. Ms. French also challenged the Sun Journal newspaper's portrayal of this event as family-friendly and called it misleading. She rhetorically asked if the pole dancing was to be considered as a family-friendly gymnastics event and athletic competition, why weren't the contestants wearing the traditional leotards and performing under full lighting vice the dim spots and suggestive rock music? She also observed dancers from two Havelock "gentlemen clubs" roaming the halls of the convention center and handing out cards to be redeemed for free lap dances. Her primary objection is that these type activities too easily influence young girls into pursuing a harmful lifestyle of working in strip clubs and sliding into drug addiction.

Agenda item 4. Conduct Public Hearing and Adopt Budget Ordinance for FY2013-14 Budget.

"The required public hearing for the proposed budget for FY2013-14 needs to be held, after which the Board is requested to adopt the annual budget ordinance." City Mgr Epperson said before the public hearing begins he would like to tell of 2 changes that had occurred to the Governing Board's budget category since Mayor Bettis had last seen the budget: the Allies for Cherry Point's Tomorrow (ACT) budget had been increased by $10K andOnly one person spoke, Edwin Vargas, who is a candidate for mayor; and, the consolidated line item of merging the volunteer firefighters with the city Fire Dept budget. Mayor Bettis then stopped Mr. Epperson because he has been made aware that there were 3 (vice 2) petitions of citizens requests and he sees Stevie Bennett's hand waving in the audience to draw his attention to Ms. Mary Randolph, who wishes to present her petition.

Ms. Randolph asks for somebody from City Hall and/or Public Works to come out to her house and notice that her property is sinking, she is still being flooded by a nearby canal and she had to pay to get her property cleaned up recently while her neighbors surround her with their unkempt properties. She will refuse to pay her taxes if the city does not help her with these issues.

Mr. Epperson continues and restates the two budget additions. Finance Dept Dir Fiaschetti steps up to the podium and says that some debt service with utilities has come down. One is a reduction in the MSD funded Streetscape project due to receiving a lower interest rate.

Mayor Bettis asks Mr. Fiaschetti to confirm that there is now 80 days cash on hand in all utilities funds. Mr. Fiaschetti clarifies that the Water Fund has 81 days, the Electric Fund has 50 days, and the Sewer Fund has 81 days. He continues by reminding that the goal was 90 days, but emphasizes that the current status is a significant improvement over the past.

The public hearing was begun at 7:30pm. The only citizen to speak was mayoral candidate Edwin Vargas, 230 Attmore Drive. He presented an 8-minute power-point on the last 5 years of the city's budgets. He showed that there had been significant increases between fiscal years and considered and presented data where capital expenditures were both included and excluded. He asked where and what are the significant budget cuts to this budget to preclude raising taxes for the citizens to see? He noted that both Havelock and Craven County had made cuts in their budgets, with the county reducing taxes one-quarter cent, prompting him to ask the board, "where have the cuts been made for the city of New Bern budget" or taxes reduced? He recommended the city task the departments to present their General Fund equipment list by prioritizing these items as "need to have, must have, and like to have". He also said the city should avoid funding large expenditure items such as the Emergency Ops Center - Ald Bengel & Outlaw voted no to this expenditure. Also, the Duke-Progress merger intervention litigation, which was appx $363, and for which the citizens have received no board briefing as to what they can look forward to in the way of lower electric bills or what other benefits were gained for this large expenditure which was funded via more than 20 closed sessions) during the budget year. Another suggestion from him was to cut special appropriations amounts by 10%. He believes the data shows that if his recommendations were acted upon and these savings made in the current FY2013 budget, fees would have been reduced or eliminated beginning

July 1, 2013 for leaf & limb, garbage, city pool daily use, convenience fees for on-line payment services, cemetary charges for weekends & holidays, or services from the Development Services Dept.

After the closing of the public hearing, Ald Bucher moved to adopt the budget but received no second. After a long pause, Mayor Bettis asked "can I second stuff?" City Atty Davis said no. Ald Bengel made an alternate motion to table the vote until the next regularly scheduled meeting. Her motion received no second either. Ald Outlaw said he would like to enter a substitute motion to schedule another budget workshop before the next meeting, but that he was not indicating that he disapproved of the entire budget. Ald Bengel said she had additional questions on a couple things, which is why she wanted to table the vote until next week. Mayor Bettis asked Mr. Davis for direction; he replies there are not motions on the floor, prompting Mayor Bettis to exclaim "Hey, let's have a workshop!" He asked Ald Outlaw if he has a list of concerns? It would be a great idea if the board members who have questions/concerns to write them down so staff has time to prepare their responses. Ald Bengel then motions for a special called meeting to conduct a budget workshop next Tuesday night at 6 pm. Ald Outlaw seconded. Then Ald Bucher says, "Some of us have other things to do in our lives. Next Tuesday at 6:30pm is a National Night Out meeting at the Police substation in the Mall that I was planning on attending". Ald Bengel asks if Monday the 17th is preferrable? Mr. Davis states the board must give 10 days notice to conduct another budget hearing, which is required prior to adoption of a budget. Changes to the staff would need to be given the 14th. Now, no one is available on Wednesday nights except Mayor Bettis and Mr. Epperson says he will be out of town on Thursday and Friday. There were a couple of alternatives thrown out. Mr. Epperson suggested the board discuss their concerns tonight so they don't "get bogged down with seven different ideas at the next meeting" for this budget. The board decided to discuss their concerns, which amounted to being over continued using of the utility enterprise funds (Outlaw) and the merging of the volunteer firefighters with the city Fire Dept (Bengel & Outlaw).

Ald Outlaw said he had recently talked with the NC Dept of Insurance about the threat of raising fire insurance rates as a result of the city's number of fire stations and response times. His main concern is about water, sewer, and electric funds and especially water and sewer funds and all the transfers to the General Fund. He claims that with a new fire station or stations, those water and sewer rates could go higher. His second concern is with mutual aid calls out of Thurman Rd, how much equipment do we really need? If the money is not there already, the city will have to raid the water and sewer funds. The volunteer firefighters always save the city money; therefore, we would be remiss in not discussing as to how the volunteers are treated regarding their benefits and the possibility of terminating them by merging them with the city's Fire Dept. He would prefer to discuss a plan B regarding building any new fire stations and sticking the new board with a 2 to 3-cent tax increase.

Mayor Bettis asks, "So you want an inspector from the Insurance Bureau" at this workshop? Ald Outlaw replies that he can answer most of the questions, based on his conversations with that department. Ald Bengel has concerns about the merging of the budgets of the volunteers with the city Fire Dept. She said she did not necessarily need a workshop but she did need questions answered. Mr. Epperson calls Fire Chief Bobby Aster to the podium and they have a lengthy discussion about the budgets merging. Afterward, Ald Bengel says her second concern is about Finance Dir Fiaschetti's presentation tonight on utilities budgets changes and savings. She needs time to digest that information and understand the debt and funds transfers - that she doesn't necessarily need a workshop now. Mayor Bettis asks each board member if they have additional questions or are ready to vote. Ald Taylor is ready to vote. Ald Bucher says, "I made the motion. We spent many hours during May in budget workshops. All of us had an opportunity to digest and understand. I don't need a another workshop". Ald Kinsey says Ald Outlaw covered the things he had in mind. He does want to make sure that the info and numbers are accurate from Epperson and Fiaschetti. Ald Outlaw says he's concerned about the timetable concerning the capital improvements projects. Mr. Epperson reminds him that they talked about having a July workshop focusing on those.

After Ald Outlaw and Ald Bengel begin discussing their concerns over the volunteers firefighters' benefits and funds, Chief Aster is called up again to discuss the various funds. After some time on this, Ald Bengel motions to rescind her motion for a special called meeting on the budget. At 8:15pm, Ald Bucher motions to adopt the budget with Ald Kinsey seconding. During discussion, Ald Outlaw interjects a substitute motion to discuss the budget and for approval to be at the next meeting in June. Ald Bengel says she wants to spend some time with Keith (Fiaschetti) over the next day or 2 talking over her concerns. The vote on Ald Bucher's motion is Bengel, Taylor & Outlaw voting "No", Bucher, Bettis and Kinsey "Yes". So there is a tie, motion is defeated. Ald Outlaw motions to discuss and approve the budget at the June 25 meeting, Ald Bengel seconds. Voice vote passes it.

Agenda item 5. Adopt Ordinance to Amend Grant Project and Close Out Brownsfield Assessment and Cleanup Grant.

"A special revenue project fund was established for the Brownfields Assessment and Cleanup Grant, which was funded entirely with a $400,000 grant from the US Environmental Protection Agency. The City has fulfilled its obligation, all accounting is complete, and the project has been closed by the grantor. The final cost of the project was $38,904.16 less than was originally anticipated. The amendment will close the project fund and adjust the budgets to the final activity totals." Passed by unanimous vote.

Agenda item 6. Adopt FY2012-13 Budget Ordinance Amendment for General, Water, Sewer and Electric Funds.

"The City's practice of the Utility Funds reimbursing the General Fund for administrative expenses and shared service costs is a normal course of business with municipalities and is an accepted practice. However, the City does not use an objective measurement process to determine that these costs are reasonably allocable to the Utility Funds. Therefore, to ensure the material correctness of individual funds, the City is required to develop a documented cost-allocation plan for implementation in the current fiscal year budget and future budgets. This new plan has been incorporated into the FY2013-14 recommended budget. To incorporate it in the current year's budget for FY2012-13, budget amendments are required as reflected on the proposed budget amendment."

Ald Outlaw directs his questions/comments to Mr. Fiaschetti: in other words you're turning right around and increasing transfers, doing some creative accounting and expensing some things to the water and sewer funds that really shouldn't be in order to not touch the electric fund, and for which you should not be doing in the first place? Now you've got a decrease of $375K in the water fund, so you're taking out $873K out of the sewer fund and increasing the General Fund? Mr. Fiaschetti responds that the electric system has a cap of 3%...{Reporter's comment: They go back and forth like this about 3 times. Mr. Fiaschetti would never give Ald Outlaw the simple "yes" or "no" answer, preferring instead to repeat his justification behind the data}. Ald Outlaw cuts him short, saying you're taking $4.2 million more out of water and sewer so you won't use electric. Mr. Epperson interjects by explaining that the city was required to come up with an objective formula for cost allocation. He continues, "none of us who were not involved with the previous methodology didn't have a problem understanding this. We used input and received a blessing from staff, Local Government Commission, local auditors. If we didn't fix this we knew we were promised problems next year with our auditors. We did this under a constrained timeframe. I'm not sure that it's sustainable over time. If the Board doesn't want this, give staff direction on what you want us to do."

Increased transfers to the general fund from the water and sewer divisions will be $2,259,957, leaving operating costs at $473,783 for water and $537,486 for sewer.

Ald Outlaw states he wants the fund balance to stay stable. He then asked, "if we had a 1 1/2% rate increase, how long can you offset a rate increase using rate stabilization?" Ald Bucher asks, "why weren't these questions asked in the workshops?" {Reporter's comment: my response would be because Mayor Pro Tem Bengel ran a tight agenda and allotted only 3 hours for each workshop. As it was, the board only got through half of the items on the first workshop agenda. This left the second workshop needing to cover half of the previous meeting's line items and all of the utilities items, plus summation and decision rendering. The management of the utilities funds have created much concern with the public. It is not known if the various departments had already culled their wish lists before final presentation to the board. If they had not - perhaps if they had been - this would have saved considerable time. It is never easy for a local politician to present his/her constituents with a tax increase or utility increase and is usually avoided or at least subtantially justified at all costs - which is what I feel is happening in this meeting and noting that this is an election year}. Mayor Bettis suggests they put Ald Outlaw's questions on the July workshop agenda as they were good questions.

Agenda item 7. Adopt FY2012-13 Budget Ordinance Amendment for Sewer Fund.

"Lift station #33 is in need of repair due years of deterioration from corrosion resulting from hydrogen sulfide gases that have compromised the structural integrity. In addition to rehabilitating the structure, mechanical equipment will be replaced and larger pumps will be put in service to increase the capacity. A transfer from the sewer capital reserve fund in the amount of $100,000 is necessary to facilitate the repair and equipment replacement. After this transfer, approximately $379,000 will remain in reserves." Passed by unanimous vote.

Agenda item 8. Adopt FY2012-13 Budget Ordinance Amendment for Grants Fund.

"The FY2012-13 budget for the Fire Department's NC Urban Search and Rescue Task Force Grant was based on estimated spending and revenue projections for the previous fiscal year. It is necessary to amend the budget to reduce revenue in the amount of $10,000 based on actual receipts in FY2011-12.

The FY2012-13 budget for the Police Department's 2009 ERIC Fusion Grant and 2011 Bullet Proof Vest Grant were also based on estimated spending projections from the previous fiscal year. It is necessary to amend the budget to reduce appropriations and revenue for the ERIC Fusion Grant in the amount of $42,000, and reduce appropriations for the Bullet Proof Vest Grant by $4,262 and reduce revenue by $4,009.

Additionally, the Police Department received $9,900 from the 2012 Bullet Proof Vest Grant, which required a 50% match. The match was included in the Police Department's FY2012-13 budget. A budget amendment is necessary to acknowledge the grant funds received." Passed by unanimous vote.

**Agenda item 9. Adopt Resolution to Establish the Electric Rate Stabilization Fund.

"The NC Eastern Municipal Power Agency (NCEMPA) is predicting an increase in power supply costs to its members beginning in January 2015. In consideration of this anticipated increase, there is a need to establish an Electric Rate Stabilization Fund to assist with mitigating future increases as excess funds are available. This fund would be funded through operating transfers from the Electric system as excess funds are available. Excess funds are defined as those that exceed the 90 days cash on hand level" (Reporter's note: Finance Dir Fiaschetti stated previously in this meeting that there are 50 days at this date}. Passed by unanimous vote.

Agenda item 10. Adopt Resolution Accepting 2012 CDBG Talent Enhancement Capacity Building Grant Program and Authorizing the Mayor to Sign Documents Associated with the Grant.

"The City has been selected to receive a 2012 CDBG Talent Enhancement Capacity Building Grant in the amount of $50,000. The grant will assist local governments and nonprofits in partnership with local governments to develop appropriate and competitive CDBG grants, administer the grants, etc. The City applied for the grant in partnership with NRCDC, and the funds will be used to provide the NRCDC staff with training needed to develop and administer future CDBG grants." Ald Taylor asks, "is this to be at ECU and is there several sessions or is it ongoing, because this is alot of money?" A city staff person says there will be 2 people from the Neuse River Community Development Council attending at ECU once per month during August 2013 through June 2014. Passed by unanimous vote.

Agenda item 11. Adopt Ordinance to Establish a CDBG Talent Enhancement Capacity Building Grant Project Fund.

"As discussed in the previous item, the City has been chosen to receive a 2012 CDBG Talent Enhancement Capacity Building Grant in the amount of $50,000 with no match required. This ordinance will establish the project fund." Passed by unanimous vote.

Agenda item 12. Adopt Ordinance Amendments to the Union Station Train Depot Restoration Project.

"(Ward 1) Restoration of the Union Station Train Depot will not be completed byJune 30, 2013, which is the end of the grant period. All parties have agreed to an extension. The Ordinance amendment will extend the project until it is finished and will also increase appropriations in the amount of $11,824 to account for architectural services to be funded with revenue received from the NC Railroad Company." Passed by unanimous vote.

Agenda item 13. Adopt Resolution Granting Easement to MCNC.

"(Ward 3) On July 26, 2011, the Board adopted a Resolution to permit MCNC to locate a portion of new fiber optic cable through Lawson Creek Park so it may bore under and across the Trent River. As part of the agreement with MCNC, the City agreed to grant a nonexclusive easement for the benefit of MCNC. The fiber has now been laid, and an ordinance needs to be adopted to grant the easement." Passed by unanimous vote.

Agenda item 14. Adopt Resolution to Sell Property Owned Jointly by the City of New Bern and Craven County Located at 613 Ruth Avenue.

"(Ward 5) The City of New Bern and Craven County have received an offer from Carmen G. Burgos in the amount of $2,000 to purchase the property identified as 613 Ruth Avenue. The offer was advertised as required by statute and no upset bids were received. The Resolution accepts the offer and approves the sale of the property." Ald Bengel asks to confirm that there is just land and no house is involved and is told she is correct. Prior to making this motion, Ward 2 Alderman Victor Taylor asked whether Ward 5 Alderman Bernard White had been notified of this item and if he agreed to this resolution. Mayor Bettis answered that Mr. White had given him a "yes" answer when he talked with him this morning (June 11, 2013). (This reporter wonders if Mayor Bettis informed Ald White or any other alderman that he would be at tonight's meeting. Ald Outlaw has told me that he was not aware nor informed that Mayor Bettis would be at tonight's meeting.) Passed by unanimous vote.

Agenda item 15. Adopt Resolution Closing Streets at Union Point Park on June 15, 2013 from 6 a.m. to 2 p.m. for Elks Flag Day Ceremony.

"(Ward 1) A Flag Day Ceremony will be held in Union Point Park on June 15, 2013, and it is requested streets in the park are closed to vehicular traffic from 6 a.m. to 2 p.m. on that date." Passed by unanimous vote.

Agenda item 16. Approve Minutes.

Minutes from the May 14, 2013 Board Meeting, May 21, 2013 Budget Work Session and May 23, 2013 Budget Work session are attached for review and were approved.

Agenda item 17. Appointment(s).

The following appointments to the Historic Preservation Commission were made:

a) The Mayor reappointed David Griffith.
b) Alderman Bengel is requested to nominate a new appointment to fill Peter Adolph's seat, which ended on May 15, 2013; he will be allowed to serve until a new appointment is made.
c) Alderman Bucher is requested to nominate a new appointment to fill Chairman Rich Frye's seat which ended on May 15, 2013;
d) Alderman Outlaw is requested to nominate a new appointment to fill the seat opened by Janet Giordano's resignation;
Mayor Bettis reappointed Alderman Bengel to the Craven County Tourism Development Authority.

Agenda item 20. Announcements.

a) Mayor Bettis calls Jordan Hughes, City Engineer, up to the podium to tell of the successes of the Stormwater Management Plan and the Jack Smith Creek project during T.S. Andrea. Ald Bengel asked Mr. Hughes if the Biddle St pond worked out? Mr. Hughes answered "yes". Ald Bucher asked for the start date for the Jack Smith Creek project. Mr. Hughes replied, it probably began with the old Public Works Director previous to me and coordinating with NC State Univ in 2003/2004. Ald Kinsey asked how many gallons of stormwater are pumped per minute. Mr. Hughes said appx 21,000 gallons or akin to a filled residential swimming pool going through every minute.

b) Ald Outlaw announced that Trent Road was being resurfaced and would be done by this Thursday (June 13).

c) Ald Bucher reminded the folks about this Saturday's Flag Day ceremony (June 15).

d) Ald Kinsey reminded of the National Night Out meeting on Tuesday evening (June 18).

e) Ald Taylor wished a Happy Birthday to Mr. James Brown who will be 102 years young and still drives! (Mayor Bettis remarked "that is 3 years younger than Mr. Bucher!" and the room erupted in laughter). He congratulated all the area seniors on completing their education. He reminded that Wed., June 12th is the 50th anniversary of Medgar Evers' death. He concluded by twice repeating the statement: "It is always right to do the right thing".

f) Ald Bengel thanked all the staff for their hard work and diligence on the FY2013/14 budget. She explained that the board members' many questions were due to the fact that "they had to live with it in the public eye". She congratulated the graduating class of 2013 and encouraged them to stay safe and stay engaged, especially over the summer. She described her recent honor to attend the ceremony and present the Purple Heart for Vonzaro Gross (sp?) service in Afghanistan.

g) Mayor Bettis declared that "the recession was over and the real estate market was coming back" as he had heard such from several area realtors. He pronounced that "the budget and the enterprise funds have never been better, we've never had a stronger city" government, fiscally speaking. He directed that "we should focus on how great a town this is, put a good face on what's going on with the city, and encourage people to remember that this is a paradise".

Meeting adjourned at 9:07pm.

Rhonda Taylor
CCTA Watchdog for NB Bd of Aldermen
New Bern

Friday, April 26, 2013

NEW BERN BOA REGULAR MEETING OF 23 APRIL 2013

CCTA WATCHDOG REPORT
FOR NEW BERN BOA REGULAR MEETING OF 23 APRIL 2013


Agenda Item 1. Meeting was opened by Mayor Lee Wilson Bettis, Jr. Prayer was given by Mayor Bettis. All Board members were present as were the City Clerk, Manager and Attorney.

Prior to the conduct of business, Mayor Bettis and Ald White congratulated former NBHS football player Kevin Reddick (UNC) for earning a consideration in the 2013 NFL draft. Ald White wishes to mention Mr. Reddick not just because he is a New Bern citizen but because he feels Mr. Reddick is an outstanding example to others of working hard and staying responsible in order to attain a worthy goal. Ald White was one of Mr. Reddick's Pop Warner youth football coaches. There will be a casual gathering to watch the televised NFL draft proceedings on Fri., Apr 26th @ 5pm @ the Carolina Colours Pavillion. Mayor Bettis will read a proclamation for Mr. Reddick noting his accomplishments.

Agenda Item 3. Recognition of Local Governor Service Award Recipients and Reading of Proclamation for Nikki Ingianni (Little Red Book Mobile), Senior Award and Medallion Winner, and Reading of Proclamation for Volunteer Month.

April is designated as Volunteer Month, and the NC Commission on Volunteerism and Community Service has presented the 2013 Award for Outstanding Volunteer Service to five area recipients. Tharesa Lee will be present to introduce the recipients and discuss the rewards and benefits of volunteering. Proclamations will be read proclaiming April as Volunteer Month and recognizing the recipient of the Senior Award and Medallion Winner.

Agenda Item 4. Recognition of Graduates of the Citizens Police Academy.

Citizens Police Academy #14 was held February 21 through April 11, 2013. The Class President, Cheryl Reed, addressed the Board about the overall experiences during the 10 sessions of the class. Fourteen students participated in the Academy, and 10 of those students were present at the Board meeting. NBPD Chief Summers announced that recruitment for the next class will be in Aug 2013, with actual classes starting in Sept 2013.

Agenda Item 5. Recognition of Competitors from New Bern's Utilities Department in the 2013 American Public Power Association's 13th Annual Linemen's Rodeo.

Electric Distribution had four employees (Mike Harper, Brian Small, Bruce Smith and David Brayboy) who participated in the national American Public Power Association Lineworker Rodeo that was held during March 2013 in Kissimmee, Florida. Fifty-nine journeyman teams consisting of 140 lineworkers from across the United States were challenged in the rodeo's five events as well as overall performance category. New Bern's team captured fifth place overall in the competition, beating out numerous larger utilities and delivering a technically perfect performance in each event.

Agenda Item 6. Presentation by Police Department of Leads and Raids Online.

Detective Adam Sneeden with the New Bern Police Department made a presentation on Leads Online and Raids Online. Leads Online is an online inventory reporting system for citizens, and Raids Online is an online mapping database for crimes occurring in the City. Det Sneeden made a real-time presentation on his laptop showing how to access both programs. He emphasized how quick and convenient it was for one to upload their inventory of valueables with today's smartphone technology, and also, how imperative to recovery of jewelry it is to upload photos of one's jewelry items. He stated that if any item you input into this system has a serial number it ensures more successful recovery if you include that information. He also told of several items that have recently been recovered for New Bern citizens from locales such as Wilmington and Jones County.

Raids Online is updated daily at 9am. All information is public information data set to a default of a 2 week period. One can retrieve data by entering either address or city names. Ald Bucher praised the programs and reminded the audience that considering the recent bombings in Boston, we all need to be more aware of our surroundings, saying "when you see something that doesn't look right, it probably isn't right. Please report suspicious activities".

Agenda Item 7. Adopt Resolution Approving Lease Agreement with State Employees Credit Union for ATM Located in Parking Lot at Corner of Pollock and Craven Streets.

(Ward 1) The State Employee's Credit Union has requested renewal of the ATM lease agreement for the ATM currently located in the City's parking lot at 302 Craven Street. This ATM provides a needed service for those who live and work in the downtown area. City Manager Epperson said that the monthly fee was $50 p/month. It will now be $225 p/month. However, that would put the contract more in line with what is considered the industry norm for this type of service from the company. Not a single Board member questioned this increase, despite having been informed by the City Manager at the BOA budget work session of 7 days ago on April 16, 2013 that thus far, the city budget is in a $1.7 million shortfall. This information of a fee increase was contained within their packet of briefing material that is distributed prior to this Board meeting. Vote: Unanimous 'yes'.

Agenda Item 8. Adopt Ordinance to Restate the Schedule of Capital Recovery Fees and Connection Fees for Water and Sewer Customers of the City of New Bern.

The presentation was made by Mr. Jordan Hughes, City Engineer. In May 2011, the City revised water and sewer connection fee policies to provide for a more equitable and customer-friendly structure. The revisions established a policy that is comprised of two components: a capital recovery fee and a connection fee. The capital recovery fee is based on the demand of the proposed development, and these fees are directed to the capital reserve funds to offset the future cost of major capital improvements to the City's water and sewer system. The connection fee is based on the type of connection needed and reflects the actual labor and material cost to make a service connection to the City's water and sewer mains.

The recommended changes revise the demand rates to accurately represent the actual expected use from a proposed development. It also allows for historical consumption data to be evaluated in establishing an alternative demand rate for proposed usage. A ceiling has been established in the proposed ordinance so that no single customer will have a combined water and sewer capital recover fee that exceeds $50,000. And lastly, connection fee charges have been revised to incorporate the actual meter cost of the new AMI water meters. More detailed info with regard to rates for specific connections based on in-city and outside-of-city, service tiers and business type can be found on the city website. Both Ald Bengel and Outlaw said they had discussed these rates with several local builders who have opined that the rates are equitable. Ald Bengel requested that for future ordinance changes that come before the Board, the City Manager has the ordinance language that is to be revised red-lined for better clarification. Vote: Unanimous 'yes'.

Agenda item 9. Adopt Resolution for Issuing Change Order No. 1 for the Neuse Boulevard Water Main Replacement Phase-II Project.

(Wards 1, 2, 4 & 5) City Engineer Jordan Hughes gave this presentation. The Neuse Boulevard Water Main Replacement Phase-II is nearing completion. A final adjusting change order needs to be issued amending the total contract amount by replacing the original estimated quantities with the actual quantities of work performed. This amendment to the contract will reflect the actual amounts of work performed by the Contractor, James L. Cayton, Inc., and the cost of the work based on the unit prices established in the Contractor's bid. The adjustment amounts to $133,286.50 and is within the project's established contingency fund of $293,153. The city is ahead of schedule. July 1, 2013 is the earliest that asphalt can be laid. If left up to DOT that date would have been May of 2014. Vote: Unanimous 'yes'.

Agenda Item 10. Adopt Resolution to Authorize Initiation of the Upset Bid Process by Advertising Offer to Purchase Property Jointly Owned by the City and County Located at 613 Ruth Avenue.

(Ward 5) The City owns a 54.98% undivided interest in the property located at 613 Ruth Avenue, and the County owns a 45.02% undivided interest. An offer to purchase the property in the amount of $2,000 has been received. It is requested the Board authorize the initiation of the upset bid process by advertising the offer. Ald White states that this is an empty, overgrown, vermin & snake infested lot that neighbors have complained about for a very long time. He and they are glad for this purchase to happen and they look forward to the lot being cleaned up. Vote: Unanimous 'yes'.

Agenda Item 11. Adopt Resolution to Protect the NC Parks and Recreation Trust Fund (PARTF).

State funding for the Parks and Recreation Trust Fund (PARTF) is generated through some of the highway tax proceeds and is the primary financial artery for local governments to apply for matching grant funding for park and facility additions, expansions and renovations. This year's funding of $27 million is in jeopardy of being reduced to something far less in next year's budget, and the State is proposing to permanently reduce the available amount, as well as eliminate the designation of a dedicated, stand-alone funding source. City Manager Epperson made the presentation on behalf of the Parks-Recreation Dir Thurman Hardison. He announced that Mr. Hardison was in Texas attending classes on gaining accreditation status for New Bern's program. Vote: Unanimous 'yes'.

Agenda Item 12. Discuss Demolition by Neglect Process and Enforcement.

Mr. Kevin Robinson, a City Planner with the Development Services Dept staff gave the Board a brief update on the prevention of the Demolition by Neglect Process, including how properties are added and removed from the list and how minimum housing standards and fines are applied to the properties. Basically, he read a detailed flowchart of the processes. This information can be found on the city website or by calling his office. However, he was interrupted twice (once from the audience & once when the citizen came up beside Mr. Robinson to speak) by Mr. Jerry Hobbins, of New St. (a frequent citizen participant in HPC and NBPF meetings/activities), that some of the information was incorrect. The City Attorney, then the Mayor, informed Mr. Hobbins that this was not a time for citizens to speak rather it was a discussion amongst the Board exclusively, but he was welcome to appear at "open mike night" at the next BOA meeting. Mr. Robinson continued to inform the Board that the structures of 1411 National Avenue and the Elks Building had begun making repairs to bring the structures up to code and thus, had gone off the non-compliance list. Ald Bengel wishes to clarify to the public that this ordinance pertains only to property owners within the historic districts of downtown and Riverside. The rest of the discussion was a rehash of the topic as discussed at the April 9th BOA meeting, with one addition: Mayor Bettis suggested, if constitutionally possibly, for the NB Police Dept to note addresses of dilapidated properties during their patrols when they notice these unfit dwellings are being used for criminal activities and coordinate their findings with the Development Services Dept staff. Furthermore, Mayor Bettis also asked for the HPC or Development Services Dept staff to write the criteria that constitutes unfit dwellings and dilapidated structures in language more understandable to the ordinary layperson and inform the Board members and NBPD of that information.

Agenda item 13. Update on PEG channel.

NB Public Info Officer Colleen Roberts and City Manager Epperson provided the Board an update on the City's PEG channel, City3TV, and discussed improvements to local programming. These ideas were developed from responses to a citizen survey. 140 responses were returned out of a pool of 15,000 households. The primary goal of the PEG is to broadcast live government meetings and provide a community video bulletin board for announcements. There were three questions on this survey. Along with their answers they are: (1) How often do you watch?: 1 - 2 hours per week; (2) How long at a sitting do you watch?: 30 minutes to 1 hour; and, (3) What programming would you like to see? (list is in descending order, beginning w/55% of replies saying): more community events previewed & advertised, more city meetings televised, increase programs telling the history of New Bern, in-depth stories of city board issues, info about tourist attractions. Ms. Roberts suggested an update of the "This Week from City Hall" interviews of city officials. Her idea is for the officials to host their own segment to include segments of officials answering viewer questions, or for officials to interview citizens on various issues/activities, or for officials to spotlight their specific interest on issues. She suggests taping this type of program beginning May 14, 2013 between 5:30 - 6:30 pm, which is prior to the scheduled Board meetings, continuing every other Tuesday evening thereafter. Committee members are Ms. Roberts, Cit Mgr Epperson, aldermen Bengel, Kinsey & Outlaw, and a couple of IT personnel.

Agenda Item 14. The minutes of the March 6, 2013 Special Called Meeting received unanimous approval.

Agenda Item 18. Announcements.

Mayor Bettis: Announced he will be a "celebrity" dancer for the Ratio Theater's benefit "Dancing with the New Bern Stars" on May 11, 2013 at the Shrine Auditorium. His song will be "Night and Day".

Ald Kinsey: He is pleased with and thankful for the law enforcement organizations across the country as well as for our local LE agencies, especially in light of the recent apprehensions of terrorists.

Ald Taylor: Congratulated the 2013 Craven County Teacher of the Year, Mr. Ike Smith from Craven Early College. He echoed Ald Kinsey's appreciation for local LE and also the FBI. He also asked everyone to come out and support the Relay for Life event on April 26, 2013 @ 7pm @ Grover C Fields middle school. He then announced that DuffFest will be @ Henderson Park on May 4, 2013 from 10am to 4pm.

Ald Bengel: Thanked all the New Bern volunteers that were honored tonight as well as the linemen from the Electric Dept for all the work they do to benefit others. She announced that PepsiCo will host their annual meeting here in New Bern for the 2nd year in a row @ the NC History Center at Tryon Palace on May 1, 2013 @ 9am. She encourged citizens to attend the services for the National Day of Prayer @ Union Point Park on May 2, 2013 from 11am to 2pm. Finally she informed that SB-139 ("An Act to Clarify When A County Or Municipality May Enact Zoning Ordinances Related To Design and Aesthetic Controls", amends G.S. 160A-381) had moved out of committee, which will work against the protection of historic structures and neighborhood rejuvination for the historic communities of Degraffenreid, Greater Dryborough and Duffyfield. She urged all citizens to call the entire list of NC senators, beginning with Norm Sanderson, to ask them to cast a 'no' vote on this bill.

Meeting adjourned at 9:12pm.

Rhonda Taylor
New Bern, Ward 6

Monday, April 1, 2013

CCTA Watchdog Report -New Bern Board of Alderman Meeting 26 March 2013

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