NEW BERN BOARD OF ALDERMEN MEETING--AUGUST 7, 2013

  CCTA WATCHDOG REPORT

NEW BERN BOARD OF ALDERMEN

SPECIAL CALLED MEETING OF 7 AUGUST 2013

Meeting convened at 6 PM with Alderman Taylor being the only absentee.  There was only one agenda item, that being "Discussion of the approved 146-12 easement."  (important to note the word "approved" here).  The meeting was noticed at least on the City's Facebook page on Friday, Aug 2, 2013.  This agenda also appeared on the City website; however, contrary to previous practice, there was not a posting date listed.  Also, it was not published in the online edition of the NB Sun Journal.  My email to the newspaper asking if they received a notice has gone unanswered.    

However, according to the Aug 8 NB Sun Journal article, "Aldermen hold contentious meeting about marina easement",  this meeting was convened for the purpose of someone (board members, public, everyone?) discussing submitting the city's application for a 146-12 easement.  But, we all know that government proceedings and decisions do not rely on the media's interpretations of government documents.   If this easement is truly "approved", why does the agenda item read that the meeting's purpose is for discussion vice announcement of what this approved easement means to the citizens and marina users as well as other particulars about the actual approval?  Particulars such as:  I thought the NCGA had to approve a 146-12 easement?  Did that already happen? 

According to the Sun Journal article, a portion of the reporting developed from interviews with city officials and overheard discussions held in the hallway outside the meeting room and after the actual BOA meeting.  It noted that Alderman Bucher disagrees with both Alderman Outlaw and Mayor Bettis that an actual vote on this matter was taken.  If the easement was approved, how could that be when the local aldermen aren't even certain if they voted the application to be moved along to the NCGA?  Or, if Alderman Bucher is correct that there was not a vote, yet this 146-12 easement is indeed approved, is it now subject to being rescinded?   Why is it acceptable or appropriate for Mayor Bettis and Aldermen Outlaw and Bucher to gnash teeth, outside of the public meeting yet in the midst of some of the public and at least one reporter, over whether a legal vote approving either an application for the easement or the easement itself was taken during a prior City of New Bern board meeting?       

An email I obtained from a city official in February 2013 (when I was seeking info about how the BOA approval for the $30K in total for the City Manager's bonus came to be during a planning retreat) which included the board members' discussion of subject easement and its resulting decisions from the Saturday morning Feb 16, 2013 Board Retreat chronicles the proceedings in these ways:  

(a)  A Feb 18, 2013 email from City Manager Epperson to the Mayor and Board members forwarded Mr. Epperson's notes on the Retreat's proceedings regarding this subject and reads,  

To clarify what the City can and can't do that permits it to apply for this easement now, and to try to validate Mayor Bettis' claim within the last paragraph of the same Sun Journal article that "the city already has the authority to apply for a G.S. 146-12 easement because it was voted on...", may end up requiring a legal opinion on what the meaning of the word "and" is.  I wonder if this will require another expenditure of taxpayer money on yet another out-of-town attorney to render the opinion? 

• "Discuss application for 146-12 waterfront easement -

• The BOA discussed the history of the waterfront development directly behind the Double Tree Hotel and the associated easements that have been issued to the marina owner.  There was further discussion regarding concerns over the access to our waterfront and concerns over the current financial status of the marina ownership.  Several members of the BOA expressed concerns over the appropriateness of previous easements being issued by the NC Department of Real Estate. Direction was given to bring forth a future resolution authorizing the Mayor to sign application for a 146-12 easement on behalf of the City of New Bern.  Further direction was given to begin to evaluate the feasibility of the City purchasing the marina."  (Note:  the underline was done by the City Mgr). 

(b)  A Feb 19, 2013 email from Alderman Bengel to City Manager Epperson forwarding her notes about the Retreat reads:

"2. Discussion on waterfront easement
Directed mr epperson to look at purchase of marina and
applying for 146 -12"

The official BOA minutes of Feb 16, 2013 read: 

(c)  Discuss application for 146-12 waterfront easement

The waterfront easement was discussed. The Board directed Mr. Epperson to look at purchasing the marina and applying for a 146-12 easement."
 

I remind the readers that compiling the minutes for the Feb 16Retreat required lengthy, heated Board discussion during two regular BOA meetings (2-26-13 and 3-26-13) and a March 6, 2013 special called BOA session, wherein the City Attorney delivered a brief on what kind of Board member information constitutes minutes (notes, memory recollections, and/or video & audio recordings) and legal public meeting noticing.  Reason being is a similar disagreement arose over whether or not an official vote was taken to approve a $10,000 bonus for each of 3 years for City Manager Epperson.  Recall that the contentious discussions surrounding this previous Board member-and-citizen-contested agenda item also rested on the answer of "who approved what when, if at all?".    Despite all of those discussions, it still took an amended version of the minutes (and an extra 20 minutes to produce the appropriate wording) regarding that bonus vote to receive final Board approval at the March 26, 2013 board meeting.            

It's a shame that there is no City3TV video of this 2013 BOA Retreat, no professionally trained city clerk present that typically records the proceedings that will be voted into official minutes, was no live press coverage and that the only citizen who showed up (expressly to learn what the Board decided about the 146-12 easement, marina purchase and special appropriations' funding) was regular citizen Mr. Tony Bonnici who is presently a candidate for Ward 1 alderman.  He is also one of the original petitioners with the New Bern AWARE group (Against Water Access Right Encroachment) that hired now-Mayor Lee Bettis as their attorney in 2007.  The group's intent was to gain public access to the public trust waters that lie in the City.  It felt that would be accomplished by petitioning that year's Board of Aldermen to have the City file for an easement in the City's name; it did so at the Nov 27, 2007 BOA meeting.  Mr. Bonnici has kept up with and active in this issue unwaveringly ever since.  Unfortunately, to attend this Retreat, he had to find a Tryon Place NC History Center security guard to unlock doors and escort him to the upstairs meeting room where this open, legally noticed, public meeting convened.  If it had been recorded, it would have quickly cleared up two issues that have served to agitate the public and the taxpayers. (There is City3TV video posted for all other BOA meetings beginning with 1st live broadcast Apr 5, 2011, with one exception being the April 21, 2011 special town hall held at the downtown NB Library to discuss the city's intervention of the Duke Progress Merger and its estimated costs.  There is also video of a couple of March 2011 meetings pulled from other sources),  Word to the wise is to check the City website daily for the BOA agenda.

It often times is helpful for citizens to consult the city website under the Development Services Department tab and read the agendas for the other city boards, attend any of their meetings or watch them live, or view City3TV videos regarding issues they find will affect them.   Many of the issues that directly affect citizens, such as issuance of certificates of appropriateness (COAs) and zoning rulings originate during these boards' deliberations.  One of these boards' duties is to make recommendations to the Board of Aldermen prior to the aldermen voting.  Sometimes a solution or answers can be found by contacting overseeing staff members for these boards.  According to a source familiar with issues involving the marina, that advice may have helped in this instance 

The purpose of this meeting was not adjudicated due to members of the gallery disrupting the Board proceedings. Perhaps if the agenda had read, "Board discussion of submitting an application for the approval of a 146-12 easement", the gallery members would not have attended with the preconceived notion that their city government had enacted another done deal that affected an important aspect of their life or with expectations that they would allowed to voice their opinions as well as ask questions, and the meeting would have proceeded with proper decorum and could have been concluded?  Although I do not condone disruption of public meetings, many in the audience live on their boats at the marina and had true concerns for their safety and the environment that their domicile was located within.   For even more info on what transpired after the meeting, please read the NB Sun Journal newspaper article previously mentioned in this report.

Rhonda Taylor

CCTA Watchdog Reporter for NB Bd of Aldermen

Ward 6 

New Bern Alderman Meeting, May 13, 2013

CCTA WATCHDOG REPORT FOR NEW BERN BOARD OF ALDERMEN

REGULAR MEETING OF 13 MAY 2013

Mayor pro tem Sabrina Bengel opened the meeting and gave the prayer.

All were present except for Mayor Bettis, who had notified the City Mgr of his absence on 5-10-13.

Prior to embarking on the agenda, Mayor pro tem Bengel said she would make some comments. She hoped all would keep Mayor Bettis and his family in their thoughts and prayers. She stated she was aware of the work ahead and she and the Board were ready to roll up their sleeves and tackle the work to be done. She said the Board would move forward in its work with the knowledge that we had a good city staff and the leadership of the other aldermen. As a result of the events of the past week, she said that she understood Alderman Outlaw had made a request to add an item to tonight's agenda to discuss the Mayor and his recent controversies as well as his resignation. Mayor pro tem Bengel allowed Alderman Outlaw to make that motion and Alderman Taylor seconded. She asked for any discussion. There being none, she called for the roll call vote. The vote to add the agenda item for discussing the recent controversies surrounding Mayor Bettis as well as his resignation was: Alderman Bucher, Mayor pro tem Bengel, Alderman Kinsey, and Alderman White voted "No"; Alderman Taylor and Alderman Outlaw voted "Yes". Therefore, the motion failed and the Mayor pro tem moved on to the next agenda item.

**Reporters Notes: Salary per year for Mayor = $12,039

                                            Mayor Pro Tem = $ 8,976

Alderman = $ 8,099

(Confirmed to me by HR Dir. Sonya Hayes on 5-15-13)

Additionally, according to City Clerk Veronica Mattocks, in my phone call to her on 5-15-13, each elected official is allocated a discretionary sum of $1,000 p/yr.

The taxpayers pay Verizon for cell phone services for Aldermen Taylor, White, and  Kinsey, and for Mayor Bettis a sum that varies per month and is based on usage, NTE (hopefully) $7,500. The taxpayers also fund internet service for Aldermen Taylor, White and Bucher at rate of $74.95 per month.

Per the FY2012/13 approved budget, that is posted to the City website under the Finance Dept heading, the Mayor is allotted $4,104 of taxpayer funds for yearly travel and the aldermen are allotted $3,000 each for travel . Under the "Governing Board" designation, the taxpayers also pay for a Travel/Training budget of $2K for each elected official, a Food & Provisions budget (includes Clerk) of $2,500 and a Dues/Subscriptions budget of $38,851 (excludes Clerk) for the 7 elected officials.

Agenda Item 3. Request and Petition of Citizens.

This section of the Agenda is titled Requests and Petitions of Citizens. This is an opportunity for public comment, limited to 4 minutes. "Comments will be directed to the full board, not to an individual board member or staff member. Although the board is interested in hearing your comments, speakers should not expect any comments, action or deliberation from the board on any issue raised during the public comment period. In the board's discretion, it may refer issues to the appropriate city officials or staff for further investigation. If an organized group is present to speak on a common issue, please designate one person to present the group's comment, which shall be limited to a maximum of 4 minutes".

a. Stevie Bennett of National Ave made a suggestion for the City to erect a bulletin board in front of the City Hall steps to enable those who are not able to climb those steps to read the public notices that announce the Board meetings. On another subject of the City not executing appropriate or timely adjudications of HPC issues, she suggested the City hire additional part-time personnel to dedicate to the dispensation of those issues. She believes if the Board can handle appropriating $82,000 for a branding campaign, then it should be able to dedicate the same significant funding to resolving these HPC issues because tourism and interest in the charm of the NB historic districts are the biggest industry. Further, Ms. Bennett stated that the City should use newly hired persons and create new positions only after current and overdue workload is attended to. She also asked after the status of the branding campaign and for City staff to brief on what the MPO plan is. She wanted to know if the public transportation services within this MPO plan were for the City or others outside of it and whether there were to be charges for services. (This item was partially addressed in agenda item #5).

b. Tracy Spellman of the Climbers Club eloquently spoke on the history of the club, which is the oldest pubic service club for women of color, having been organized in 1895. She announced and invited all to the open house for the Charlotte Roane Cultural Center on Tues., May 21st from 10am - 1pm and again at5 - 7pm. Location is 608 West St. in historic Dryborough.

Agenda Item 4. Adopt Resolution Authorizing City to be a Co-Applicant with New Bern Housing Authority in the Choice Neighborhood Planning Grant and Authorizing City Manager to Sign Memorandum of Understanding.

"(Ward 1) The New Bern Housing Authority has requested the City partner with them on a Choice Neighborhood Planning Grant. The grant assists with plans for modernization of public housing as well as overall improvements in the surrounding community. The grant will require a dollar-for-dollar cash match over the next two years of an amount not to exceed $30,000. The Resolution authorizes the City to join the Housing Authority as a co-applicant and authorizes the City Manager to sign a Memorandum of Understanding and to approve the expenditures up to $30,000 for the required match." City Manager Epperson stated the maximum grant award is $500,000. He said the primary reason for the City to provide this match and to sign the MOU is to ensure the maximum success in earning the most points toward receiving the grant award. The MOU will be terminated if the grant is not received. The five elements of the HA/City collaboration are as follows: (a) coordinate planning in regard to Housing and Neighborhood improvements elements of the Choice Neighborhoods Initiative transformation planning; (b) work together to align resources to the extent practicable; (c) support the HA's leadership of the planning process and committ to participation throughout the entirety of the Choice Neighborhood Initiatives planning process; (d) participate in the "Housing" and "Neighborhood" planning committees, and will concentrate on plans for the redevelopment of the Greater Five Points area; and (e) The HA will manage and direct the work under an HUD grant funding obtained in connection with this Planning grant, and HA with the City will coordinate in regard to any other funding raised for theses planning purposes (e.g., funds raised for purchasing distressed properties through the Greater Five Points area. This agreement will become effective upon the awarding of this grant. For more information of what this grant consists of, please refer to the Gateway Renaissance Plan on the city website and the BOA minutes of 2-12-12, agenda Item #6.

Ald Taylor spoke out strongly against the MOU and the grant itself. He stated he did not like how this was presented to the Trent Court residents last year and he claimed that "there was lots of underhanded stuff going on with it last year". He continued, saying, "I'm against it, I do not stand for it. Give them something written in a language the residents can understand. I didn't like it last year - don't like it this year. Until the residents of Craven Terrace and Trent Court are happy with it, I'm not in agreement with it". A small audience contingency applauded after he was finished. Ald White asked Mr. Epperson to clarify that "the Board did vote to be co-applicants last year, right?" Mr. Epperson said "yes" and that last year, the first time, the City was the lead applicant. Ald Kinsey asked if New Bern will be going through a similar procedure to what the Wilson Housing Authority outlined to this Board that Wilson went through when it visited WIlson's HA program. Mr. Epperson said 'yes'. He elaborated on his response to Ald Taylor's comments saying there was a bit of misinterpretation and miscommunication when the City embarked on procuring the HUD Choice Neighborhoods Grant. He differentiated between the two types of grants explaining this grant was a planning grant, while last year's grant was an implementation grant. Ald White asked if it was correct that without a plan the HA cannot go forward. Mr. Epperson replied "yes, they can, but they will be more successful if they approach it this way". (Reporter's note: I interviewed NBHA Dir Julian Marsh on 4-11-13 on the topics of both the HUD planning grant and the implement grant. The information within that interview corroborates the information given by Mr. Epperson at this meeting).

Mayor pro tem Bengel wanted to clear up some things for the public so she asked, "so there's no building anything, removing anything, it's just a plan, right?" "Yes" says Mr. Epperson. "There's more success if the City enters into a applicant-co applicant relationship; and it's not just about the housing, but also access to education, pubic health and public transportation resources". Ald Taylor made reference to the HA attendance of HA Dir Julian Marsh to make the presentation at the 4-9-13 BOA meeting. Then he asked as to why an HA spokesperson was not in attendance tonight. He also asked, "why is this grant - is everybody targeting Trent Court?. Craven Terrace is worse". He said the reason he previously remarked that handling of last year's grant activities was underhanded was because a person was taken off the board that was helping with the application for the grant and told the reason for that was because there was no more room on this board. However, the very next day another person was appointed. The motion passed 5 - 1, Ald Taylor voted "no".

Agenda Item 5. Presentation of Fiscal Year 2013-2014 Budget Overview.
City Manager Epperson presented the budget highlight for Fiscal Year 2013-2014.

The great news first: NO TAX INCREASE! But...solid waste collection fee is increasing $3.75 from a current charge of $8.

He stated this fiscal year's budget is a status quo budget, rather flat. There is $100,000 more in this year's budget compared to last year.

>Some highlights:

* Personnel: will add 2. (1) fill an HR position that has been vacant since Oct 2010. WIll dedicate it administrative needs, for one to address the changes stemming from Obamacare implementation. (2) hire a MPO administrator (decribed in agenda item #16).

*Branding campaign: There's been 75% completion of phase 2 (creative phase). Will need another $75,000, which will make the total tax dollars spent on this venture to be $157,000. However, at the public BOA meeting of 6-12-12, the Board unanimously approved a budget amendment for Phase 1 in the amount of $48,000 and Phase 2 in the amount of $34,000, with Weyerhauser Land Development Co., contributing $2,000 for a total of $82,000 asked of the taxpayers. At that meeting, the board minutes read, "Ald Bucher stated the goal for branding should reflect 'who we are and why would people relocate as well as bring business to New Bern'. New Bern is not well known nationally he has discovered this as he has travelled around the world". This implementation of the additional $75K will allow development of economic development materials, marketing materials, web videos, to name a few.

*Technology improvement: to replace outdated data backup system and unsupported data backup system. $65,000 to go to asset managment and a work order system for Public Works Dept.

*Public Safety: $750,000 to purchase a Quint Fire Truck which is a pump truck/ladder truck combo (takes place of 2 separate vehicles). Also purchase 10 new police cruisers to replace an aging fleet.

*General Fund Revenues: Interfund transfers will increase (he admitted & we could see the charts on this were very faint. It will appear on the city website for public view). City Mgr Epperson stated that as the CIty has begun to use revenue bonds it will need to ensure there are adequate reserves so the revenue bonds will get LGC (Local Gov't Commission) approval. Solid waste collection fees will increase to include leaf & limb and cover the appx $1 million in Gen Fund subsidizing that has thus far been ocurring and to pay for CPI and tipping fee increases. Ald Taylor needed to ask what the current rate is and was told $8.00 residential. The residential rates for all of our neighbor comparison cities are in the $14 - $24 range.

*Although there is no ad valorem tax increase, City Mgr Epperson said it was worth talking about. New Bern's 41 cents p/$100 rate is significantly lower than our neighboring comparison cities (Greenville, Goldsboro, Kinston, wilmington, Havelock, Washington, Wilson).

*June 11, 2013: the budget will be presented to the Board for adoption. Prior to that, there are the 2 additional workshops on May 21st and 23rd @ 6pm. Mr. Epperson said the emphasis of discussion will be on, and it will be the most important for the Board to feel comfortable about, allocations to the enterprise funds and the item of solid waste fees. Lastly he remarked that the budget increases were largely due to the capital expenditures in the Public Safety category.

Agenda Item 6. Adoption Resolution Calling for Public Hearing to Receive Comment on Close Out of 2009 CDBG Community Revitalization Grant Program.

"(Ward 2) The City was awarded a 2009 CDBG Community Revitalization grant in the amount of $1,000,000. The project area is Third Avenue between Broad and Elm Streets. The grant program closes on June 17, 2013, and the CDBG program requires a public hearing be conducted to receive public comment on close out of the grant. The public hearing date was scheduled for May 28, 2013 and passed by a unanimous vote."

Agenda Item 7. Adopt Resolution Approving Lease with Area Day Reporting Center for Youth at 500 Fort Totten Drive.

(Ward 1) The Area Day Reporting Program for Youth, which is a nonprofit corporation, has requested renewal of the lease agreement for the property located at 500 Fort Totten Drive. The lease term begins on May 14, 2013 and ends on June 30, 2014. The financial terms requires a rental fee of $1.00 be paid to the city as the Area Day reporting Program for Youth will pay no more than $2,500 for the CIty to provide the required hazard and liability insurances; or it may opt to carry coverage independently. If that choice is made, that coverage must be for no less than $500K, and must name the City as a named insured. The Center is also responsible for paying the utility bills and all damages incurred to the property. Passed with a unanimous vote.

Agenda Item 8. Adopt Resolution Approving Interlocal Tax Collection Agreement.

It is recommended the County and City tax offices be consolidated under the jurisdiction of the County effective July 1, 2013. This will result in improved efficiency and lower costs to the City. As a further result of the merger, staffing levels in the tax office will reduce from three positions to one. This reduction will not result in any employee losing their job. During the Retreat and the following Board meeting, both Ald Bengel and Ald White were both very concerned about this consolidation. Tonight Mayor Pro Tem Bengel explained that the City is always looking for ways to partner with the County to retain costs while still providing appropriate level of services and approving this item will satisfy both desires. However, Ald White disagreed and felt it was tantamount to contracting-out not only city services but most important to him, the city personnel/positions that went with them. He said we had a person for this job and we should have gotten our own person to refill that job. When Finance Dir Fiaschetti informed the Board that this consolidation would save the City $59,000, Ald White did not change his mind. Item passed with a 5 - 1 vote, Ald White voted "no".

Agenda Item 9. Adopt Ordinance for the Demolition of the Dwelling Located at 711 Bern Street.

"(Ward 1) The owner of the property at 711 Bern Street was first notified of an issue with the structure in June of 2000. On September 24, 2009, owners of the property were properly served with the City's minimum housing violation. On June 10, 2010, building permits were issued to bring the property into compliance. However, to date no progress has been made and all active permits have now expired." Passed by unanimous vote.

10. Adopt Ordinance for the Demolition of the Dwelling Located at 1816-1818 Greensboro Street.

"(Ward 5) The owner of the property at 1816-1818 Greensboro Street was first notified of an issue in October 1997. In July of 2010, the property was sold to Craven Rental Property LLC. In August 2010, the new owner was notified via certified mail that the property was in violation of minimum housing standards. City staff attempted to work with the owner on bringing the structure into compliance until July 2012. No building permits were ever applied for, and on April 3, 2013 the property was referred to the City attorney for final action to demolish." Passed by unanimous vote.

11. Adopt Ordinance for the Demolition of the Dwelling Located at 723 Cedar Street.

"(Ward 1) The owner of the property at 723 Cedar Street was first notified of an issue in October 1998. The property was brought into compliance in September 2001. The property again fell into a state of dilapidation in March of 2009, and the owner was notified via certified mail. In July 2010, the property was sold to Craven Rental Properties LLC, and the new owner was notified of the minimum housing violations in August 2010. To date, no building permits have been issued to bring the property into compliance. On April 3, 2013 the property was referred to the City attorney for final action to demolish." Passed by unanimous vote.

12. Approve Subdivision Final Plan for Hardee Farms, Phase One, Section D.

"(Ward 3) NAD Development, LLC is requesting subdivision final plan approval for Hardee Farms, Phase One, Section D. This is a 28-lot residential planned unit development. The developer has submitted a cash bond for $46,500 to cover the cost of incomplete improvements. City staff has reviewed the proposed subdivision plan and finds all technical and legal requirements have been satisfied and recommends approval of the final plan." Passed by unanimous vote.

Agenda Item 13. Adopt Resolution Approving Application with NCDOT for Elizabeth Avenue Safe Routes to School Program, Phase II.

"(Ward 4) In 2011, the City was awarded a $99,900 Safe Routes to School grant from the NC Department of Transportation for improvement of pedestrian access to H. J. McDonald School for the neighborhoods east of Racetrack Road. This project was completed in April 2013. As an extension of the work completed, the City proposed to the NC Department of Transportation a second phase that will involve improving access for neighborhoods west of Racetrack Road, and DOT has concurred and awarded the City a $120,000 Safe Routes to School grant. This requires no local match, but the City will be providing all engineering and construction administration services for the project. To proceed with the project, City staff is requesting the Board approve execution of an agreement with NCDOT for phase II of the project."

Ald Kinsey announced that the ribbon cutting ceremony for the original project will be held Wed., May 15, 2013 @ 9am at H.J. MacDonald Middle School. This original grant, under the "Safe Routes to School Program, was approved to be drawn up & submitted by the BOA in 10-26-10. These sidewalks provided for by this grant were installed in the southern right of way of Elizabeth Ave. On 4-12-11, the BOA approved the City to authorize the Mayor and City Finance Dir to sign the agreement with DOT for the actual grant award of $99,900.

Agenda Item 14. Adopt Resolution Approving Financing Terms

"At its February 26, 2013 meeting, the Board of Aldermen authorized proceeding further with reference to the Advanced Metering Project (AMI/DSM) and the Highway 17 south Sewer Improvements project. The Board authorized filing of an application with the Local Government Commission (LGC) for approval of the borrowing and issuance of the Series 2013 Bond. The total new money amount to be borrowed is not to exceed $1,400,000. Requests for proposals were sent to six institutions, and STI Institutional & Governmental submitted a proposal with the lowest overall financing costs at an interest rate of 1.56% for a 10-year term."

"In addition, requests for proposals were forwarded to the same six institutions for refinancing four debt contracts totaling $15,960,528.92. STI again submitted the proposal with the lowest overall financing costs with the financing structure requested, at an interest rate of 1.56%. Refinancing these loans will remove liens from the utility systems and result in a net savings of approximately $1.5 million. Financing for both of the above (2013 revenue bond 2013 refunding bond) will be consolidated into one loan not to exceed $18,000,000 with a 10-year term bearing a fixed interest rate of 1.56%. As revenue bonds are involved, the borrowing will have to be approved by the LGC. It is anticipated this approval can be obtained at the LGC's June 4, 2013 meeting, and closing will take place shortly thereafter."

In response to a question by Ald Bucher, Finance Dept Dir Fiaschetti stated there are no downsides to this action. Ald Outlaw wanted to know if Mr. Fiaschetti has inquired as to whether there were any pre-payment penalties and Mr. Fiaschetti stated there were none. Passed by a unanimous vote.

Agenda Item 15. Adopt FY2012-13 Budget Ordinance Amendment for Electric Fund.

"A team of six lineworkers from the City assisted the Long Island Power Authority (LIPA) in restoring electric service to the areas affected by Hurricane Sandy. The City has recently received full payment from LIPA for the labor, equipment, travel and overhead related to the lineworkers' response. LIPA reimbursed the City at a higher rate for the labor portion than the typical mutual aid agreement dictates. Jon Rynne, Director of Utilties, has requested that the additional amount the City was reimbursed for labor be paid to the workers who responded. To facilitate this, a budget amendment must be approved." Passed by unanimous vote.

Agenda Item 16. Adopt Resolution to Amend Classification Pay Plan for Fiscal Year 2012-2013.

It is requested a new position be created for an MPO Administrator. The position will be part of the Development Services department and will administer the day-to-day functions of the New Bern Area Metropolitan Transportation Organization. Funding for the position and required capital costs will be provided through an 80% match from the Federal Department of Transportation and a 20% match from local member jurisdictions.

Craven County Commissioner Steve Tyson heads the Transportation Advisory Council, and New Bern Alderman Johnnie Ray Kinsey serves as vice chairman of the MPO. There has been one meeting to date. The only North Carolina city to be designated for an MPO in the last Census, New Bern's metropolitan area now includes annexed areas east of New Bern such as Taberna and Carolina Colours as well as communities like James City, Grantham and others in that area. Bridgeton, Trent Woods and River Bend and some unincorporated areas near them are also in the planning group. Members of the MPO will meet once a month on the third Thursday at New Bern City Hall.

New Bern Director of Development Services Jeff Ruggieri and Craven County Assistant Manager Gene Hodges head theTechnical Coordinating Committee. MPO members include New Bern's director of development services, MPO coordinator, city engineer; Craven County's planning director and operations and facilities director; town managers from Trent Woods, Bridgeton and River Bend; CARTS; Coastal Carolina Regional Airport Authority; New Bern Area Chamber of Commerce; and federal, state and local transportation officials

Ald Outlaw asked City Mgr Epperson if the 80% match was permanent and what was New Bern's part. He answered "yes" it was permanent and that the City's portion was $20,000. In response to another question from Ald Outlaw on what the City receives from the MPO, Mr. Epperson replied, working on/resolving regional transportation issues w/MTA and securing direct funding from state and federal Departments of Transportation. Ald White asked if our being in this MPO would get our financial rating bumped up? Mr. Epperson answered that factor was one of the puzle pieces. Passed by unanimous vote.

Agena Item 17. Adopt Resolution to Close 1500 block of Rhem Avenue for the Rhem Avenue Block Party on Sunday, May 26, 2013, with a Rain Date ofMonday, May 27, 2013.

"(Ward 1) Residents of Rhem Avenue have requested the 1500 block of Rhem Avenue between Third Street and Fourth Street be closed from 2 p.m. to 7 p.m. on May 26, 2013 for the Rhem Avenue Block Party. A rain date of May 27, 2013 has been selected." Pased by unanimous vote.

Agenda Item 18. Adopt Resolution Closing Streets in Union Point Park on May 19, 2013 from 6 a.m. to 8:30 p.m.

'(Ward 1) To facilitate a Community Band Concert, it is requested the streets in Union Point Park be closed to vehicular traffic on May 19, 2013 from 6 a.m. to 8:30 p.m. Exceptions will be made for vehicles operated by police, fire, emergency and designated program support staff." Passed by unanimous vote.

Agenda Item 19. The minutes from the April 9, 2013 Board Meeting, April 16, 2013 Work Session and April 23, 2013 Board Meeting were approved by unanimous vote.

Agenda Item 20. Appointment(s).

"Alderman Bucher recommends Peter J. Walker be appointed to the Board of Adjustment to serve out John Reichenbach's term, which will expire on June 30, 2013. He also motioned for Mr. Walker to serve an additional 3-year term.

Alderman Bengal is requested to make an appointment to replace Phil Urick on the Board of Adjustment, who has resigned due to health reasons. Mr. Urick's term is scheduled to expire on June 30, 2014.

Mayor Pro Tem Bengel then stated the Mayor has a reappointment for Ms. Stevie Bennet to the Planning and Zoning Board. All motions were passed by unanimous vote.

There were no Attorney or City Manager Reports.

A Closed Session was motioned to discuss a possible settlement to a pending claim.

Meeting adjourned at 8:36pm


Rhonda Taylor
CCTA Watchdog Reporter for New Bern Board of Aldermen

CCTA WATCHDOG REPORT FOR NEW BERN BOARD OF ALDERMEN

SECOND UPDATE (11pm of 5-9-13) ON 5-9-13 PRESS CONFERENCE

ANNOUNCING MAYOR BETTIS'S 2-MONTH LEAVE OF ABSENCE

According to Ward 1 Alderman and 2013 mayor pro tem, Sabrina Bengel, in answer to questions I posed to her today, she will fulfill the mayor's duties in his absence and in accordance with the City of New Bern Charter, which follows:

"Sec. 6. - Mayor and mayor pro tem.
At its first meeting in the month of December, the board of aldermen shall choose one of its members as mayor pro tem to serve for a term of one year. The mayor pro tem shall act as mayor whenever the mayor shall be absent from the city or be prevented by sickness or other cause from attending to the duties of his office and he shall possess all the rights and powers of the mayor during the continuance of such vacancy, absence or disability. The mayor shall preside at meetings of the board of aldermen and shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by the general laws of North Carolina, by this Charter and the ordinances of the city. The mayor shall have the right to vote on any question before the board of aldermen only in the case of a tie. He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for serving civil processes, and by the governor, for purposes of military law.

(Session Laws 1983, ch. 266, § 1; Session Laws 1985, ch. 64, § 4; Res. of 2-22-00(2), § 1)"

*Reporter's NOTE: Contrary to the next to last sentence in the above charter excerpt, the BOA petitioned the NC Gen Assembly on 1-11-11 to allow the mayor to vote on all questions coming before the Board. This was approved and Mayor Bettis first exercised that duty on 6-14-11.

Mayor pro tem Bengel stated the City was relying solely on the information presented in this afternoon’s press conference as to an official beginning and ending date to Mayor Bettis's absence (none were given), but referred to the City Charter that she is required to serve in the absence of the mayor (which the press conference stated was to be 2 months). If calculated from today, that would put Mayor Bettis's return to duty at July 9, 2013, the day after the official filing date of July 8th for candidates wishing to be on the October ballot for municipal elections. Mayor Bettis announced in February of this year that he would not seek a second term as he had accomplished all that he had set out to do. His leave of absence also means he will not be participating in budget planning activities for the upcoming fiscal year 2014. Regarding any further action to be taken by the Board upon hearing the press conference information about the mayor's leave or in response to this week's events of: the traffic citations issued to Mayor Bettis; the 911 call accusations of domestic violence reported by his wife not quite 48 hours later; or the serious health conditions that Mayor Bettis reported to various media including the ones that he was made aware of by the EMTs at the scene of where LE pulled him over this Monday morning (hip replacement surgery in Oct '12, hit by a bus in Dec '12, abnormally high BP indicative of a cardiac event May 6th '13), she stated "the Board has not taken up any specific issue regarding the mayor, but it's in the Board's discretion to take up any issue it desires at any time it desires, provided it complies with the public notice requirements."

As of late this afternoon, Ward 6 Alderman Dana Outlaw said that he needed one more alderman to join him in requesting a special called meeting "to discuss the Mayor of the City of New Bern". His response to that lack of action and the current state of city government leadership was to tell me, "It is actually all about the citizens of New Bern suffering from a lack of judgment in no one along with me calling for a special meeting" to plan or provide remedy for the situation.

Mayor Bettis will continue to draw pay while he is on his leave. When asked if this leave removes him from any liability to the city and its taxpayers should he incur anymore legal citations or medical events, Mayor pro tem Bengel answered, "No; however, public officials are immune from liability when acting in their official capacity - with a few very rare exceptions".

When I listened to the WCTI-TV Ch12 11pm report of May 9th, their reporter attributed these same answers above, as coming from the City Attorney, Scott Davis.

UPDATE ON 5-9-13 PRESS CONFERENCE ANNOUNCING
MAYOR BETTIS'S 2-MONTH LEAVE OF ABSENCE

In researching the various media accountings of Nicole Bettis's 911 call in the wee hours of this past Wednesday morning, I found that WNCT TV Ch 9 was reporting that Mrs. Bettis had communicated with their reporter Madeleine Wright via voice and text phone calls. So, that piqued my curiosity and I set about to ascertain what the taxpayers' burdens might be in this convoluted scenario of 'she said/she said not'. I made a phone call at 1:50 pm to Maj. Jason Wank, PIO for Carteret Cty Sheriff's Office. Maj. Wank informed me that earlier today he had spoken himself to WNCT reporter Wright and was informed that when Mrs. Bettis learned that her 911 call would be made public, she changed her story. He reported that currently there is no investigation to ascertain who, in fact, made the 2:10am Wed., May 8th 911 call or whether that call was for a valid incident.

At this juncture, I insert my observation that when a reporter at today's press conference asked Mrs. Bettis's father, Mr. Bill McClure, "who exactly made that 911 call?", the personal family assistant/Bettis Law Firm business mgr Susan Namowicz pulled him back and shook her head indicating 'no' and stated "no comment". Continuing my conversation with Maj. Wank, he said that he had not heard nor watched the noon press conference (chronicled below). So, I relayed Mrs. Bettis's father's quote regarding her 911 call : "My wife and I have been with him since this past Sunday and know that Lee did not injure or harm our daughter or grandchildren," Maj. Wank's response was, "Mrs. Bettis's father can claim whatever he likes, we would need to speak to Mrs. Bettis herself to hear if she was to tell a different story" that she was not the caller and/or that she was not abused by her husband. At that point and "if a case in the future is opened where Mrs. Bettis reports she did not make the call and then, after an investigation of that claim is made, we would discuss our findings with District Attorney Scott Thomas. The DA would then be determining the exact charges that would be brought, if any. Should the case be adjudicated, the presiding judge would render a decision and assess the penalties accordingly". Our office would not have dispatched a deputy to that address and filed the report we did if the claims made by Mr. McClure were true. Maj. Wank said that a deputy was in fact dispatched and as a result of his investigation he determined he had reason to arrest Mayor Bettis, but Mrs Bettis declined to prosecute him so we did not arrest him. Maj. Wank also emphasized that the Carteret County Sheriff's Office is not conducting any investigation into the validity of Mrs. Bettis's 911 call or the information she relayed within that call. Further, he said that, "in my 20 years of experience, the office has not investigated a reversible case". He said she or any compaintant has up to two (2) years to change her mind and refute the claims. He also stated that it is a matter of routine that when a domestic violence call is made, these cases are referred to the Carteret County Dept of Social Services for investigation into matters that they have responsibility for and that did happen in Mrs. Bettis's case.

Below is the original story:

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MAYOR BETTIS' LAW FIRM BUSINESS MGR/FAMILY PERSONAL ASSISTANT & BETTIS' FATHER-IN-LAW HOLD SUDDEN PRESS CONFERENCE - 9 MAY 2013

At 12:05 today, 9 May 2013, Mayor Bettis's father-in-law, Bill McClure, as well as a Ms. Susan Namowitz, who identified herself as the business manager employed by the Bettis Law Firm and a personal assistant to the Bettis Family, held a sudden press conference in front of the Bettis Law Firm New Bern office on Craven Street.

First to speak, Mr. Bill McClure read a statement praising his son-in-law, the New Bern mayor, for his virtues as a good husband, provider and father to his daughter and her children. He stated that both he and his wife had been living with Mayor Bettis, his wife Nicole and his two grandchildren since this pastSunday (5 May 2013) and that despite the 911 call to Carteret County Dispatcher made by his daughter, Mayor Bettis's wife Nicole, at 2:10am on Wed., 8 May 2013, there was in fact no domestic violence incident and therefore no harm done to either his daughter nor his grandchildren. He continued by saying that the entire family is working to provide a safe and nurturing environment for their children. He also asked for the public and media to respect the privacy of his family members as they work through this difficult time.

Next, Ms. Susan Namowitz read a statement on behalf of Mayor Bettis which stated he would be taking a two (2) month leave of absence to take care of family issues.

Despite two (2) reporters asking five (5) questions, including who made the 911 Carteret County Dispatch call and will the mayor resign his mayoral position, neither spokesperson answered any saying there was no further statement at this time.

This reporter also notes that no date was given for the effective date to neither begin nor end the leave of absence. According to city officials, Mayor pro-tempore Sabrina Bengel will officially assume mayoral duties for the City Of New Bern.

To refresh the readers, I would refer them to any of the local media sites to read of the various controversial situations encountered by Mr. Lee W. Bettis Jr., this week.

Rhonda Taylor
CCTA Watchdog for New Bern Board of Aldermen
New Bern, Ward 6

CCTA Watchdog Report -New Bern Board of Alderman Meeting 9 April 2013

CCTA Watchdog Report -New Bern Board of Alderman Meeting 9 April 2013

The April 9th meeting was opened by and the prayer given by Mayor Bettis. All aldermen except Ald Taylor (who had been excused at the previous BOA meeting for a surgery at the VA hospital) were present as was the city clerk, manager and attorney. Mayor Bettis wished aloud for Ald Taylor's surgery to be successful and for him to have a speedy, uneventful recovery.

This reporter is compelled to state my observations that this meeting was one of the most well attended meetings in quite a while. The diversity of community groups who wished to be heard on a variety of issues was a good example of how municipal government should work and be available for the citizens. I was impressed that despite the large and motivated crowd, this meeting was conducted well and the Mayor was successful in moving the agenda along in a timely, orderly yet productive manner.

Agenda Item 3. Request and Petition of Citizens.

The Mayor read the following stipulation: "This section of the Agenda is titled Requests and Petitions of Citizens. This is an opportunity for public comment, and we thank you for coming to the Board of Aldermen meeting tonight to share your views. We value all citizen input. Speaker comments are limited to a maximum of 4 minutes during the public comment period. At the conclusion of 4 minutes, each speaker shall leave the podium. Comments will be directed to the full board, not to an individual board member or staff member. Although the board is interested in hearing your comments, speakers should not expect any comments, action or deliberation from the board on any issue raised during the public comment period. In the board's discretion, it may refer issues to the appropriate city officials or staff for further investigation. If an organized group is present to speak on a common issue, please designate one person to present the group's comment, which shall be limited to a maximum of 4 minutes."

There was a full house at tonight's meeting wherein a few sizeable groups had convened to speak on several issues. Therefore, the Mayor instructed each group to appoint a speaker for each of their causes and the Petitions commenced.

1. The first petitioner was NB Housing Authority (HA) Dir Mr. Julian Marsh. He began his talk by stating the HA mission was to provide decent, safe, and affordable rental units for eligible low income residents. He provided an historical narrative of the low income housing neighborhoods of Trent Court, Craven Terrace and NB Towers. He showed some photos of some of the homes that were used prior to the present developments being constructed. He reported that construction on the current dwellings took place from 1939 through 1953; therefore the units were more than 70 years old and are considered to functionally obsolete. He stated that the HA served over 600 families, including those elderly/disabled residents living in NB Towers. Mr. Marsh showed an aerial photo that effectively showed the density of low income housing within the downtown NB area and further stated that NB has the most dense population of all the state's counties. 92 units are in a flood zone which equals 16% of the HA inventory. 159 units are overcome by mold. The US Inspection Group has recently found that 31 more units are eaten up by mold. 181 units cost more to repair than is economically feasible to see a viable return on. 21 units are downright non-repairable. Of 579 units, only 26 can be repaired in an economical fashion, which says that only 37% of the inventory is worth repairing. Mr. Marsh then showed "before & after" photos of low income housing remodeled units from other cities such as Hartford, CT. Mr. Marsh claimed that the mounting challenges to fulfill the HA mission of providing safe, efficient and decent homes for the low income and elderly/disabled populations are for adequate and dedicated funding. His final remark was to mention exploring obtaining the use of funds through the HUD Planning Grant instead of last year's thought of applying for the HUD Choice Neighborhoods Grant. Reason being the NB HA is not receiving enough money from HUD to afford the required maintenance as mandated by HUD. Mr. Marsh said he and the HA Commission will keep the BOA apprised of their findings and recommendations.

Ald Bengel commended Mr. Marsh and the HA Commission for their turnaround in adjudicating their duties. She further stated that she had even heard good things from the residents. Mayor Bettis concurred.

2. Mr. Ben Godette of 1715 Washington Street in Washington Park discussed that his community did NOT want sidewalks constructed in that neighborhood. The residents had approached him to serve as liaison for them in asking the City for details and to relay their opinions and decisions to City staff and the BOA after they had heard that the city was to undertake such a project. He asked Ald White how the Washington Park residents could gain a part in discussions of whether or not sidewalks were constructed. Mr. White told him not to bother as "it's a done deal". Mr. Godette said that the 'staff engineer' told him the same, adding "so there's no need for y'all to appeal" the city's decision. That prompted Mr. Godette to survey his neighbors face-to-face - he discovered that only 2 residents were in favor of sidewalk construction; he sent a letter to all the Board members reporting that the residents did not want sidewalks and requested the City to research other more important projects to spend their tax dollars on. Reasons for not wanting the sidewalks were (1) most of the residents had lived in the neighborhood for at least 40 years without sidewalks, why did they need them now?; (2) his community was not designed for sidewalks. Mr. Godette declared that the residents felt the city had ignored them because it hadn't solicited their opinions at the project's outset, despite the fact that they were long term residents who had a stake in the fabric of the neighborhood. In case the Board decided to enter into discussions with his group, they could contact him to arrange a meeting.

3. Mr. Byron Walston, also of the Washington Park area, presented a counter discussion to Mr. Godette's points. He claimed the neighborhood definitely needed the sidewalks to ensure the safety of the pedestrians which included persons who travelled on foot to/from work, elderly who walked for exercise or to fulfill errands and especially to keep children from spilling into the street while playing or when walking to school or bus.

4. Mr. Anthony Bonnici requested status on several Feb 16, 2013 Retreat agenda items which were either discussed by the Board or items wherein the Board directed city staff to initiate action. For instance, since the City was now aware that the NB Grand Marina was in fact now bank-owned, has there been further discussion on the city procuring it? He then compared NB to St Pete, FL insofar as how city ownership of the marina would bring a sizeable earning potential in the way of increased tourism and an income generator relating to the offerings of a marina. Regarding the upcoming budget formulation, Mr. Bonnici objected to the Board's deciding at this Retreat to not allow any new organizations to apply for what was previously budgeted under the category of "special appropriations". He also said he thought it was "sneaky" for the Board to recategorize those organizations under different and varying nomenclatures (i.e., lobbying). His third point was impress upon the Board members that it was imperative that they answer their constituents' emails or phone calls when they were transmitted via taxpayer funded smart-phones or computers.

5. Someone from the audience calls out for the Board to also hear from a group on the flooding issue. Mayor Bettis agrees. Mr. Jimmy Dillahunt, 1702 Hazel Ave., who is a Planning & Zoning Board member, states that he's lived there for 40 years. He says he walked the frequently overflowing canal with some aldermen just last week. He feels that since the City just spent $2 million on a retention pond, which by the way doesn't alleviate the flooding, that the Board members and appropriate City staff should please come look at the situation and discuss resolution ideas with the residents. Mr. Dillahunt further stated that it's been over 2 years that some of the residents have still not been able to return to their homes because they were previously flooded. He says he has been discussing this issue with city Boards and staff for about 30 years. From those discussions, he's learned that this is public water which drains via private land, and was told by the City that doing any work to the private land that might alleviate the flooding was the obstacle. However, he continues, since this has been such a displacement and health issue for so many residents for this many years that surely someone could do some compromising and develop a solution for the welfare of the long term residents of his community. Mr. Dillahunt says because of those issues, the City should devote funds to solving these long time flooding problems instead of spending money on sidewalks that the majority of residents do not want anyway. He continues by saying one could not get to the sidewalks if one wanted to because of either the great quantity of mud deposited from flooding events or the floodwaters themselves. He asserts that there is definitely a need for solid representation for these residents subjected to habitual flooding at City Hall. (Ald White's ward 5).

Ald Outlaw voices a request for City Engineer Jordan Hughes to give an update on the Hazel Ave area flooding and inadequate retention pond subjects. Mayor Bettis denies Outlaw's request stating that this segment of Petition of Citizens was not the appropriate for that to happen.

6. Mr. Edwin Vargas, 230 Attmore Dr., (and a mayoral candidate) asked what has been or is to be done to improve both the quality of HA dwelling units and/or the real estate the public housing units were built upon. He quoted from the minutes of the Feb 5, 2013 Planning & Zoning Board wherein board member Mr. Pat McCullough questioned how displaced residents would find alternate housing. Mr. McCullough and was told by Development Services staff member Robinson that HA Dir Marsh would be the best person to answer; however, he thought vouchers would be given to HA residents to pay for alternate housing. Mr. Vargas also quoted P&Z board member Ms. Dorothea White as lodging concerns regarding how these displaced residents would find transportation resources once they were relocated in their new neighborhoods as they were used to being able to walk to places of need when they lived in the HA developments and that walking was free. Mr. Vargas further stated that he had approached the BOA with these same concerns and questions in Nov 2011; however, the BOA did not wish to discuss the subject until a permanent HA director was hired. Mr. Vargas also suggested not rebuilding the units that were in the flood plain in an effort to keep city insurance costs to a minimum.

7. Mr. Martin Vezina, 206 Token Ct., Exec Dir of The First Tee program first reminded the Board he had introduced his organization to them at an earlier meeting. He reemphasized the First Tee's mission is to instill character building activities and life skills coaching in tandem with golf intruction. He stated he had been working with the Martin Marietta Realty group and the City on a Land Use Agreement to utilize the acreage to build a large enough facility to serve youth from schools in the nearby counties of Jones, Pamlico, Carteret, Onslow, Lenoir as well as Craven. He said they need their own place in order to construct a much larger facility in an effort make the program more affordable and available to a larger population of youth. To date, the organization has instructed students from 11 elementary schools in NB city and Craven County. City Manager Epperson tells the Board that the city staff has been in conversations with Martin Marietta Realty and the city is desirous of working with the First Tee to help them attain their goals. He sees this as "win-win situation" for all concerned.

8. Ms. Azalee Floyd (sp?) voiced her concerns over the large number of drivers who are speeding through her neighborhood on Washington Street. She claims there are lots of accidents and she often hears screeching tires during the nights. Ms. Floyd says there are no warning signs posted at either end of this street to caution drivers that this is a curving, dangerous road. When she has petitioned City staff for help, she was told that speed bumps could not be poured on a city residential street. She wants to know then, whether the City will post caution street signs and if not, why not.

9. Ms. Janet Giordanno (sp?) of the Riverside Historic District, petitions the BOA to please consider and pass the Agenda Item Nr. 7 resolution to close the 1100 block of Pasteur St from 10am to 2pm on April 27, 2013 in order for the neighborhood to hold the district's bazaar and to work with the NBPD to conduct the childrens' bike safety event.

She also wants to address demo by neglect, and expresses her dismay that despite Boards' rendering decisions on structures to be demolished, that the city doesn't follow-up to either enact the order or enforce Certificates of Appropriateness (COAs) or provide for the property to be returned to the HPC. Furthermore, the City Attorney rarely acts to file liens or collect any assessed fines. All this City inaction leads to blighted neighborhoods, unsafe & unhealthy living conditions for the neighbors who live in close proximity to the non-complying properties, lowers property values and punishes those property owners who do take the time and money to keep up their properties. She implores the Board to establish and enact procedures that allow and compel the City Attorney to apply liens and for the Building Inspector to collect fines.

Agenda Item 4. Conduct Public Hearing to Consider Financing Contract with BB&T for the Streetscape Improvements Project.
"(Ward 1) This public hearing is to consider a financing contract with BB&T in the amount of $465,315 to finance the Streetscape Improvements project for the 200-400 blocks of South Front Street. A notice of this hearing was published in the March 28, 2013 edition of the Sun Journal. Approval from the Local Government Commission is required, and it is anticipated that approval will be obtained at the LGC's May 7, 2013 meeting. The loan will close shortly thereafter." The only citizen who spoke was Mr. Edwin Vargas. He stated he read in the FY2012-2013 City Budget that the BOA had approved the expenditures for this street project. This prompted him to ask the Board 3 questions: (a) has any Board member or the Finance Dept staff looked into the current budget to identify another line item to take money from to pay for this streetscape project so the City would not have to take out a loan? (b) has the City looked at cutting a low priority project to rededicate those funds to this streetscape project to avoid entering into a loan agreement? and (c) Mr. Vargas read a quote by Mayor Bettis, excerpted from the 2-14-12 BOA meeting minutes wherein the Mayor stated that 'in order to serve the residents of NB the City should strive to remember each dollar it spends comes from the pockets of taxpayers'.

5. Adopt Resolution Approving Installment Purchase Financing for the Streetscape Improvements Project.
"(Ward 1) Financing proposals were sent to six banks with respect to the financing of the Streetscape Improvements Project. Suntrust and BB&T responded to the request, with BB&T offering the lowest overall financing costs at an interest rate of 2.54%. Semi-annual payments will be made over a period of 15 years with the first payment of approximately $16,812 due in November 2013." At this point, Ald Bengel addresses Mr. Vargas's comments made during the agenda item #4 public hearing. She wishes to make clear that this project is funded by MSD funds from the downtown district's property owners' voluntary contributions which are over & above their taxes, and that the residents are very much in favor of this project just as they have been behind all the past streetscape projects in their MSD. She then tells Mr. Ruggierri that the MSD residents wish the loan terms to extend for as long as the city can secure in order to make the payments low. NOTE: None of the Board members nor anyone from the Finance Dept volunteers the obvious - that the MSD funds only cover $50k of this $465,315 loan. Also should the MSD default, the City is legally responsible for this debt.

Ald Bengel made the motion to aprove, Ald Outlaw seconded and the Board approved unanimously.

6. Adopt Resolution Closing the 400 Block of East Front Street from 3 p.m. to 11 p.m. on May 3, 2013; the 700-400 Blocks of George Street, 600-400 Blocks of Broad Street and 300-100 Blocks of Middle Street from 6:30 a.m. to 1:30 p.m. on May 4, 2013; and close the south side of Broad Street from 12 a.m. until the parade ends on May 4, 2013 for the Annual Shriners Spring Ceremonial Parade.

(Ward 1) A request has been received to close streets for the Annual Shriners Spring Ceremonial Parade on May 3rd and 4th. The streets to be closed to traffic are the 400 block of East Front Street between Broad Street and the corner of the Shriners' property from 3 p.m. to 11 p.m. on May 3, 2013, and the 700-400 blocks of George Street, 600-400 blocks of Broad Street and 300-100 blocks of Middle Street from 6:30 a.m. to 1:30 p.m. on May 4, 2013. Additionally, it has been requested the south side of Broad Street be closed to parking from 12 a.m. on May 4, 2013 until the parade ends. As you know, NCDOT still maintains and owns Broad Street and would need to agree to the closing as well." The Board approved unanimously.

7. Adopt Resolution Closing the 1100 block of Pasteur Street from 10 a.m. to 2 p.m. on April 27, 2013 for the Historic Riverside Neighborhood Association Bazaar and Bike Safety Event.

"(Ward 1) Residents of the Historic Riverside Neighborhood Association have requested the 1100 block of Pasteur Street be closed for a neighborhood bazaar and bike safety event from 10 a.m. to 2 p.m. on April 27, 2013. The event will be held in conjunction with the New Bern Police Department to educate children on bike safety." The Board approved unanimously.

8. Discuss Demolition by Neglect.  Staff from Development Services provided an overview of the minimum housing enforcement process and seeks Board direction related to enforcement of final compliance orders issued by the Chief Building Inspector. What actually transpired was an hour-long discussion of unfit dwellings and minimum housing standards. Due to the large scope of this issue, the Board and Staff decided to address Demo by Neglect at a later date. But at City Attorney Davis's suggestion, they do devote about almost an hour to discussing only minimum housing standards and unfit dwellings. Atty Davis states that he has nothing to do with picking and choosing what penalties for non-compliance to assess, rather the ordinances dictate that. The city is lawfully allowed to assess a $50 p/day penalty to accrue against the property title. Atty Davis will enforce the ordinances after the property's tax value has been reached in accrued fines. The Court action converts te lien into a judgment. The Sheriff then enforce and takes the money or the property. Atty Davis says the most desired outcome is to look for an owner who has the financial resources to fix-up his non-complying property vice the city taking the property and devoting it's own resources in order to break even or strive for economic gain. Ald Bengel says she feels it is important to enforce these standards/codes to maintain the property values of complying neighbors and to prevent, minimize or completely reconcile the aestethic and healh nuisances to the neighbors who keep up their properties. City Manager Epperson states this is why the Board direction is needed, does the city adopt a wait and see attitude and hope property owners will comply with non-compliance letters issued by the City or should the City be more assertive and aggressive. Chief Bldg Insp Johnny Clark goes through some of the 32 steps that are required to bring a property owner into compliance and/or take over the property. He states the process begins by either a a citizen-generated complaint or sometimes staff will notice neglected properties in their routine travel throughout the city. There is then a verification step by staff inspection, the owners must be identified, a letter sent to owners stating they have 10 days to resolve the complaint issues, the City has to identify and notify all heirs and the notify them of a hearing to discuss the owner's plans to remedy the complaints toward the property. The timeframe for the decisions coming out of this meeting are negotiable, with the City erring on the side of the property owner to act in good faith. The City also attempts to obtain a signed legal agreement for such at this meeting. If is turns out that the owner fails to comply with the city order by its expiration date, Insp Clark has many more steps that he can take that end up with the City taking possession. Insp Clark is happy to provide the Board with a copy of his flowchart of procedures. Insp Clark states that his office has 450 cases ongoing. In light of this presentation, Ald Kinsey asks for Insp Clark's recommendations. Insp Clark says "it's hard to say because I've only had one case in 29 years on the job where a family has been removed for their safety and at thata time the $50 p/day penalty was not in place". Ald Kinsey then asks "what happens to the people who become displaced?" Insp Clark replies "to my knowledge the City has no obligation or requirement to find alternate housing. The problems in the past are that there has been no budget to tear down dilapidated, abandoned properties or they can't find the owners" to continue the process. Atty Davis states in actuality that there are "only a dozen or two files which are open that are termed challenging" to resolve. He goes on to say therefore, he disputes Insp Clark's figure of 450 ongoing cases. Atty Davis says the most challenging cases are when owners of the non-compliant properties are financially disadvantaged and that there are 3 to 6 cases in that status. Ald Bengel says there are lots of areas in her ward where their are deteriorating and dilapidated properties. She says they should be gotten rid of to prevent people from congregating or otherwise living in these homes as they aren't in a safe condition, are often not connected to utilities/sanitation and occupants are breaking the law that all citizens have to abide by in legally occupying a dwelling as well as in not engaging in criminal activities. These occupants in essence endanger the whole of their surrounding properties. She asks Insp Clark if language can be written into the ordinance requiring a dwelling to be hooked up to utilities to host occupants? Insp Clark says he has dealth with that circumstance and they have tried to remedy that situation by boarding up the dwellings. He also says the City is prohibited from installing electric services on an unsafe house. Insp Clark also says he feels in all honesty that the greatest contributer to the current problem with neglected run-down properties is that past administrations' tendencies were not to tear down these failing sructures but instead their working philosophy was to rehab and relocate residents.

Ald Bengel says she is more concerned with totally abandoned properties or those instances wherein the landlord has chosed not to maintain the property in accordance with the city codes, yet h/she still charges/collects rent. Ald Kinsey this is a "sad situation" and asks, "is there any way to contact Habitat for Humanity or other organizations to entice them to raise funds in orde to relocate people?" insp Clark states "the ordinance requires the City to contact all non-profits such as Neuse River, Habitat, etc". Ald White asks "how long can people stay in a house with no utilities?" Insp Clark: "Not at all". Both Insp Clark and Atty Davis say, "The City can cut electricity to the problem structures but is not allowed to cut water".

Development Services Dept Dir Ruggieri says, "I hear what the Board is saying, but the issue is fair, consistent enforcement with each case. Fines and liens are more than the property's tax value. It is more economical for the City to foreclose and own them. One of 8 cases is landlord-involved". He goes on to ask the Board to state if its direction is to "not enforce the ordinances and instead address the social issues or are the rules the rules to be enforced unpartially and unilaterally"? Mayor Bettis answers, "the rules should be applied across the board. We should explain the City has done all they can to help". He is "for enforcing the regulations in order to advance the City - all parts of it". The Mayor continues, and states 3 directions: (1) staff is to use city funds to tear down these non-complying structures and clean up the properties that have been certified by city inspectors to be in a deteriorating, dilapidated and/or abandoned state as described in the ordinances; (2) go after the landlords who fail to maintain their properties to code, yet rent them out anyway; and (3) go after the property owners who refuses to comply.

Ald Bucher says "the public needs to know that in the last 2 - 3 years, only 1 to 2 houses were torn down per year - not 6 - 8. This action should have been done in the past. The City can't do all of these actions to all of these deteriorated structures at the same time. We must responsibly allocate funds" in accomplishing this demolition. Ald White asks "what is the demo fee?" and is told by Dir Ruggierri, "It's $10k. However, it depends on the size of the house. A normal house costs around $7,500. The City has done a couple at $15k each". Atty Davis asks "Am I hearing the Board right that we are going to proceed with the rules, enforcing evictions and demo orders?" Ald Bengel says, "the Board needs to be provided with names and addresses of property owners and perhaps individual Board members, on their own time can take a tour to investigate those properties on this list".

Atty Davis relinquishes that it makes this job more difficult when you get to know the persons behind the situations of neglected properties.

Ald Outlaw asks Insp Clark to go over the grid rating to familiarize the Board with how these properties are selected. Insp Clark says the City doesn't have any kind of grading system to prioritize enforcement of the minimum housing codes. Mayor Bettis asks Atty Davis if the City has taken all reasonable steps in getting to the demo phase; Atty Davis says yes. The Mayor reiterates "so, at some point the City just can't do anymore. So, just stick to the ordinance. Arbitrary and capricious enforcement results in the law being unfairly applied, arbitrarily and capriciously". Atty Davis says alot of the cases are being resolved via the tax collection process. City Mgr Epperson says he will get the Board a property list where judgments have been issued calling for demolition. He adds that the City will go through the demo process upon furnishing the Board this list.

9. Presentation of the Results and Recommendations of the 2013 Pavement Condition Survey.

Mark Stephens, Director of Public Works, presented the results of a study that was performed to evaluate the condition of streets throughout the City. This study and report was performed by US Infrastructure and provides the City with not only the existing condition of the streets, but a planning tool that can be used to carry out maintenance activities over the next several years. This information also provides recommended maintenance activities along with expected costs to perform the necessary improvements on every street in our system. Some of the details show that New Bern's grade was 81.5 which compares to the state average grade of 80. To compare, Greenville was rated at 89.2, Jax at 83.9, Goldsboro at 75.9. The report found that 47.9% of our roads needed maintenance, which means that 51.2% were found to be in good maintenance status. NC Powell Bill Funds can provide about $860k p/year toward maintenance of New Bern roads. Over a 15 yr maintenance cycle it will cost $1,857,200 annually to keep or improve our grade of 81.5. US Infrastructure recommends that New Bern spend money and time in proactive, preventive maintenance to get the most bang for the buck. Our road assets have been valued at $70k, yet NB spends only $300k - $500k at a time to care for this $70 million asset.

Ald Bucher asks who is responsible for repairing certains streets; that many residents are confused as to which are city owned and which are state owned. Mr. Stephens says the larger roads such as MLK Blvd, Neuse Blvd, Simmons St are NCDOT's responsibility. Responsibility for maintenance to Trent Rd is shared half-half by both NB and state. Ald Bucher asks Mr. Stephens to confirm that our 153 miles of roadway responsibility does not include any DOT-responsible roads: Mr. Stephens says that is corrrect. Ald Bengel asks what maintenance categories will Powell Bill Funds pay for that this inspection shows that NB needs? Mr. Stephens says that would depend on how we submit it to the State for those funds.

Agenda Item 10. Approve Minutes.
Minutes from the March 12, 2013 board meeting, March 19, 2013 work session, and March 26, 2013 board meeting were approved.

11. Appointment(s).  City Manager Epperson announced that the first meeting of the New Bern Area Metropolitan Planning Organization (NBAMPO) which will be held on April 25, 2013. New Bern is required to appoint one sitting member and one alternate member to serve on the Transportation Advisory Committee of the NBAMPO. in response to Ald Bengel's questions, Mr. Rugierri answers that this committee is made up of elected officials. Ald Outlaw motioned to appoint Ald Kinsey as the primary delegate; his appointment was unanimously approved. Ald Bengel volunteered to serve as alternate; her appointment was motioned and also unanimously approved.

Aldermen Bucher is requested to nominate a replacement to fill the vacancy left by the resignation of John Reichenbach on the Board of Adjustment.

Items 12 and 13: There were no City Manager or City Attorney reports.

14. Announcements.

Ald Outlaw: Had read about NC Leg SB 720 in the County Compass April 10th issue and found it very interesting for the City as it was about the politicians at the NC Leg getting involved in enticing Duke Energy into engaging interest in NCEMPA selling their interests in the power plants, thus eliminating the towns' debts. Mayor Bettis asks Electric Dept Dir Jon Rynne for his assessment of these developments. Mr. Rynne states that he doesn't know how realistic it is to expect Duke Energy to purchase $2.1 billion on assets that are only worht in the $700 million bracket in today's market, but it can't hurt to try by encouraging our reps to approve this bill. The board decided to pursue crafting a resolution in support of the bill and urged all citizens to contact their state senator Norm Sanderson at EMAIL or at (919)733-5706 or the bill's sponsor Sen Buck Newton (Wilson) EMAIL at or (919)715-3030. Ald Bengel said that the ligislators was specifically requesting input from individual citizens. This could be the step that would dramatically lower electric rates for ENC and therefore, worth the efforts of the City and individuals to be vocal in their support.

Ald White: Addressed the citizens from Washington Street who were concerned about the vehicles accidents causesd from speeding telling them that he had indeed been out there and talked with some citizens about the problem. While he was there, a citizen approached him and asked him to advertise a picnic table for sale on his behalf -- Ald White accommodated. He said that this man also wants sidewalks. Ald White asked Mr. Dillahunt to inform the Board of a good date to meet together to discuss the flooding and sidewalk issues.

Ald Kinsey: He supports Ald White and the citizens of the Washington Park area with regard to their flooding and sidewalk concerns.

Ald Bucher: Congratulated the NB Electric Dept on placing 5th at the Electric Dept Rodeo.

Ald Bengel: Reminded the audience that following the Festival of Fun, the Rubber Duck Derby is slated at 3 p.m. in the Neuse River around the Union Point park. It is presented by the New Bern Rotary Club.

Event planners are expecting 5,000 plastic ducks will be dropped from the drawbridge to race on the river. Participants can purchase a large duck for $10 or a small duck for $5 or a "six-quack". The proceeds will help the Rotary provide 350 pairs of shoes to school children, she said. She reminded all about the Historic Homes Tours being conducted this weekend. She announced the passing of HB 150 and said it moved on to the Senate. It will impact older zoning and aesthetic design bills. It says that regulations cannot be imposed on buildings outside a designated Historic District. Therefore, New Bern's "overlay districts" of Ghent, DeGraffenreid and Dryborough would disappear and the history and neighborhood fabric lost forever, which was a shame because the residents in the overlays wanted the restrictions to preserve said historic architecture. She pleaded with citizens to call Sen Norm Sanderson to influence him to cast a no vote. She stated that she desires for NB to participate in the Mayors' Council. No details were given as to its purpose or activities. Since NB has officially reached the 30k population count we are eligible for admittance. Mayor Bettis volunteers himself to attend. Ald Bengel requested that Atty Davis assist the City in obtaining the authority to assume control of abandoned cemetaries in town and begin maintaining them. She reminded the Board that recently the Epiphany School for Global Studies partnered with the Historic Preservation Foundation to perform the initial successful clean-up and she would like the City to take over that care. Mayor Bettis agreed to put in on an upcoming BOA agenda. Finally, Ald Bengel congratulated Nikki Ingianni, who runs The Little Red Book Mobile, on her being awarded the Governor's Volunteerism Award.

At 9:30 pm the Board moved into Closed Session to discuss a matter of attorney-client priviledge and the outcome of an investigation.

**To watch for: Mayor Bettis announced that he will probably be getting glasses on Saturday (4-13-13); future BOA agenda item discussing the controversial "demolition by neglect" issue; the City making moves to purchase the marina; and the very important upcoming Board budget sessions of 4-16 @ 6pm for special appropriations orgs; 5-14 @ 7pm for budget overview & presentation; 5-21 and 5-22 both @ 6pm for budget workshops. All sessions are open to the public.


Rhonda Taylor
CCTA Watchdog--New Bern, Ward 6
New Bern, NC