Robert V. Aster C I T Y O F N E W B E R N Brenda E. Blanco
Johnnie Ray Kinsey City Clerk
Barbara J. Best 300 Pollock Street, P.O. Box ll 29
Jeffrey T. Odham New Bern, NC 28563- 1129 j252) 6364000
Memo to: Mayor and Board of Aldermen
From: Mark A. Stephens, City Manager S/jt
Date: November 8, 2019
Re: November 12, 2019 Agenda Explanations
1. Meeting opened by Mayor Dana E. Outlaw. Prayer Coordinated by
Alderwoman Harris. Pledge of Allegiance.
2. Roll Call.
3. Request and Petition of Citizens.
This section of the Agenda is titled Requests and Petitions of Citizens. This is an
opportunity for public comment, and we thank you for coming to the Board ofAldermen meeting tonight to share your views. We value all citizen input.
Speaker comments are limited to a maximum of 4 minutes during the publiccomment period. At the conclusion of 4 minutes, each speaker shall leave thepodium. Comments will be directed to the full board, not to an individual boardmember or staff member. Although the board is interested in hearing yourcomments, speakers should not expect any comments, action or deliberation fromthe 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 stafffor further investigation. If an organized group is present to speak on a commonissue, please designate one person to present the group' s comment, which shallbe limited to a maximum of 4 minutes.
Agenda Item Title:To consider adopting a resolution calling for a Public Hearing to annex the property located at310 South Street.
Date of Meeting: 11/ 12/ 2019 Ward # if applicable: ward 1
Department: Development Services Person Submitting Item:Jeff Ruggieri, Director of Development
Services
Call for Public Hearing: Yes No Date of Public Hearing: 11/ 26/2019
Explanation of Item: The Board is requested to call for a Public Hearing to consider arequest by property owners, John and Laura Lambert to annex0. 733 acres located at 310 South Street.
Actions Needed by Consider adopting a resolution calling for a Public Hearing to be
Board: held on November 26, 2019 for annexation of the propertylocated at 310 South Street, further identified as Craven CountyTax Parcel ID 2- 037- 007.
Backup Attached: Memo, Resolution, Certificate of Sufficiency, Signed Petitionfrom property owners, Annexation map
Is item time sensitive? Yes No
Will there be advocates/opponents at the meeting? Yes No
Cost of A enda Item:
If this requires an expenditure, has it been budgeted and are funds available
and certified by the Finance Director? Yes No
Additional Notes:
0 0
nNEW BERN
NORTH CAROLINA
Development Services
303 First Street, P.O. Box 1129
New Bern, NC 28563
252)639-?581
MEMORANDUM
TO: Mayor Dana Outlaw, City of New Bern Board of Aldermen
FROM: Jeff Ruggieri, Director Development Services
DATE: 10/ 31/ 2019
SUBJECT: Call for a Public Hearing on November 26, 2019 to consider the annexationrequest for 310 South Street.
Back round
The Board of Alderman is requested to call for a public hearing to be held on November26, 2019 at 6:00 p. m., or as soon thereafter as possible, to consider a request byproperty owners; John F. Lambert and wife, Laura H. Lambert to annex a parcel of landconsisting of 0. 733 acres, more or less into the City of New Bern. The said parcel islocated at 310 South Street in Number Two (2) Township, Craven County Tax Parcel ID2- 037-007.
Recommendation
To call for a public hearing to consider the annexation request by property owners; JohnF. Lambert and wife, Laura H. Lambert for their property located at 310 South Street inNumber Two (2) Township, Craven County Tax Parcel ID 2- 037-007.
Please contact Jeff Ruggieri at 639- 7587 should you have any questions or needadditional information.
CERTIFICATE OF SUFFICIENCY
I, BRENDA E. BLANCO, City Clerk of the City of New Bern, North Carolina, do
hereby certify that I have investigated the sufficiency of the Petition of John F. Lambert
and wife, Laura H. Lambert, requesting annexation by the City of New Bern of a parcel
of land located at 310 South Street in Number Two (2) Township, Craven County, which
said Petition is dated October 7, 2019, and I do hereby certify that said Petition is in
order in all respects.
THIS 12th DAY OF NOVEMBER, 2019.
BRENDA E. BLANCO, CITY CLERK
RESOLUTION
THAT WHEREAS, the Board of Aldermen of the City of New Bern has received a
petition from John F. Lambert and wife, Laura H. Lambert, bearing date October 7, 2019,
seeking annexation to the City of New Bern of a parcel of land consisting of 0.733 acres, more orless, which said parcel is located at 310 South Street in Number Two ( 2) Township, Craven
County, more particularly identified on Exhibit A attached hereto and incorporated herein byreference; and
WHEREAS, the Board of Aldermen has caused the City Clerk to investigate the
sufficiency of said petition and to certify the results of her investigation; andWHEREAS, the Board of Aldermen has received the certification of the City Clerk
attesting to the sufficiency of the petition; and
WHEREAS, the Board of Aldermen desires to conduct a public hearing on November 26,
2019, in the City Hall Courtroom at 6: 00 p.m. on the question of annexing to the City of New
Bern the above-described parcel of land owned by John F. Lambert and wife, Laura H. Lambert.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF NEW BERN:
Section 1. That a public hearing will be conducted by the Board of Aldermen of the City
of New Bern on November 26, 2019, in the City Hall Courtroom at 6: 00 p.m., or as soon
thereafter as the matter may be reached, on the question of annexing to the City of New Bern the
parcel of land owned by John F. Lambert and wife, Laura H. Lambert, which said parcel islocated at 310 South Street in Number Two ( 2) Township, Craven County, North Carolina, the
boundaries of which are shown on Exhibit A attached hereto and incorporated herein by
reference.
Section 2. That a notice of public hearing shall be published once in the Sun-Journal at
least ten( 10) days prior to November 26, 2019.
ADOPTED THIS 12' DAY OF NOVEMBER, 2019.
DANA E. OUTLAW, MAYOR
BRENDA E. BLANCO, CITY CLERK
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Proposed Annexation: 310 South Street: Lambert Property - 0. 733 Acres. Tax ID - 2- 087-007
Existing New Bern Limits N Scale: 1 = 250 ft or 1: 3, Oa
Proposed Annexation Area 250
EXHIBIT A
PEf1T10N TO ANNBX
TO: BOARD OF ALDERMBN OF TEIE CITY OF NEW BERN
1. John F. Iambert and wifie, Laura H. Lambert, tbe undersigned owne s of real
property, respecxfully request tLat he area descdbed' m Pazagraph 2 below be anaexed to the City ofNew Bern.
2. The area to be annexed is contiguous to the City of New Hem. and the boundaries ofsuch territory are more panicularly descn'bed on Fxl ibit attached 6ereto and incotporated herein
by refennoe.
OWNERS:
hn I mbert
ll 1 Tf
I ura FL Iambert
Dece: 1 O" 1 do 19
Mailing Addrcss: h or.d La L rc Y1
da3 unh ot.
EXHISIT A
All d we cutain! o o: pucds of aad lyi g and being siawce in Numbee Twn{ Towwhip,
Cnven Counq, Nonh CuoGna, and being mox puticuladl deccelhed u[ olloas:
IMCC ONE:
Beiog Lot No. 15 in Bbck" B" of th t ceetain subdivicion known u Rivuview PadS a pkc oFarhieh ie mw ded in ehe Office ofthc Reg atec ofDeeds ofCaven Counry in Map Hook 2 Page69. S id bt mnsuting 50 X 200 Gst aad 6eing the bme corrveyed byJames T. H s and arife,Fnnaa Ha is, oo Gene PoQet nd aife,Jan Poto by deed 6euing d te No. 25, 1959, andncoeded in the OESce of thc Register oFDeeda of Gnven Gounty ttDeed Book 589 P ge 577,eo which nfuence is aude foi moce pukct deccriptian. This hcd is subject to restcietive odprocecdve coven n s secoeded in the pub6c tecocd+of Cnven Counry in Book 421 P ge 192
AND,
TRACT' Il f/0:
BFGINNING ac the paint of intecsatlon ot the notchem Gnc of' 1] ii d Avenue a the
nocthwum line oFSoueh Saac n: how upon put ceeo ded in I 6 p Book 2, Page t 3Q, in thcOEfice of du Regicoec of Deed of Cnvrn Counry. I'hrncc Gan t}tis poinc of beginoing wlocaad along ud avith the nocthe sam line of Sou h St[ ea N 9 degieee W 163.87 Feet topoinc,ohence N 61 dygeea E 200 feet m t poin thm S 12 dcgrea W to a poiat in the nonhanbne ofThi=d Avcnue which point Ga S 78 degen E 149.49 feec[ mm ehe poinc of Beginnin&
then along and weh the northem line of2'hicd Avenue N 78 degFees W 149•49 Ceet ro the pantofBEGINNiNG. Ssid 1ot ia du ssme conveyed 6y Tvrin Staaa Fmncial Co: pontion m GeneAutty Pocte and ariCe, Jan Hutis Pomet by deed 6e ting diood Apri13, 1975 ud ocded in
ehe OEFice oF thc Regacer of ihed of Grivm Counry c Deed Hook Sd7 P ge 327.
Both p tcels being locaoed ac md pmpecly known u 310 South Saeet, Ncw Becn, 13arthGuolina.
AGENDA ITEM COVER SHEET NEW BERNCITY OF NEW BERN
Agenda Item Title:To consider adopting a resolution calling for a Public Hearing to annex the property located at618 West Thurman Road.
Date of Meeting: 11/ 12/ 2019 Ward # if applicable: ward 6
Department: Development Services Person Submitting Item:Jeff Ruggieri, Director of Development
Services
Call for Public Hearing: YesONo Date of Public Hearing: 11/ 26/2019
Explanation of Item: The Board is requested to call for a Public Hearing to consider arequest by property owners; Charles and Dana Riddick to annex6. 10 acres located at 618 W. Thurman Road.
Actions Needed by Consider adopting a resolution calling for a Public Hearing to be
Board: held on November 26, 2019 for annexation of the propertylocated at 618 West Thurman Road, further identified as Craven
County Tax Parcel ID 7- 109- 15001.
Backup Attached: Memo, Resolution, Certificate of Sufficiency, Signed Petitionfrom property owners, Annexation map
Is item time sensitive? Yes No
Will there be advocates/opponents at the meeting? Yes No
Cost of A enda Item:
If this requires an expenditure, has it been budgeted and are funds available
and certified by the Finance Director? Yes No
Additional Notes:
0 0
anNEW BERN
NORTH CAROLINA
Development Services
303 First Street, P.O. Box 1129
New Bern, NC 28563
252)639-7581
MEMORANDUM
TO: Mayor Dana Outlaw, City of New Bern Board of Aldermen
FROM: Jeff Ruggieri, Director Development Services
DATE: 10/ 31/ 2019
SUBJECT: Call for a Public Hearing on November 26, 2019 to consider the annexationrequest for 618 West Thurman Road.
Back round
The Board of Alderman is requested to call for a public hearing to be held on November26, 2019 at 6:00 p.m., or as soon thereafter as possible, to consider a request byproperty owners; Charles Patrick Riddick and wife Dana M. Riddick to annex 6. 10
acres, more or less into the City of New Bem. The said parcel is located at 618 WestThurman Road in Number Seven ( 7) Township, Craven County Tax Parcel ID 7- 109-15001.
Recommendation
To call for a public hearing to consider the annexation request by property owners;Charles Patrick Riddick and wife Dana M. Riddick for their property located at 618 WestThurman Road in Number Seven ( 7) Township, Craven County Tax Parcel ID 7- 109-15001.
Please contact Jeff Ruggieri at 639-7587 should you have any questions or needadditional information.
CERTIFICATE OF SUFFICIENCY
I, BRENDA E. BLANCO, City Clerk of the City of New Bern, North Carolina, do
hereby certify that I have investigated the sufficiency of the Petition of Charles Patrick
Riddick and wife, Dana M. Riddick, requesting annexation by the City of New Bern of a
parcel of land located at 618 W. Thurman Road in Number Seven ( 7) Township, Craven
County, which said Petition is dated October 22, 2019, and I do hereby certify that said
Petition is in order in all respects.
THIS 12th DAY OF NOVEMBER, 2019.
BRENDA E. BLANCO, CITY CLERK
RESOLUTION
THAT WHEREAS, the Board of Aldermen of the City of New Bern has received a
petition from Charles Patrick Riddick and wife, Dana M. Riddick, bearing date October 22,
2019, seeking annexation to the City of New Bern of a parcel of land consisting of 6. 10 acres,more or less, which said parcel is located at 618 W. Thurman Road in Number Seven ( 7)
Township, Craven County, more particularly identified on Exhibit A attached hereto and
incorporated herein by reference; and
WHEREAS, the Board of Aldermen has caused the City Clerk to investigate the
sufficiency of said pctition and to certify the results ofher investigation; and
WHEREAS, the Board of Aldermen has received the certification of the City Clerk
attesting to the sufficiency of the petition; and
WHEREAS, the Board of Aldermen desires to conduct a public hearing on November 26,
2019, in the City Hall Courtroom at 6: 00 p.m. on the question of annexing to the City of NewBern the above-described parcel of land owned by Charles Patrick Riddick and wife, Dana M.
Riddick.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF NEW BERN:
Section 1. That a public hearing will be conducted by the Board of Aldermen of the City
of New Bern on November 26, 2019, in the City Hall Courtroom at 6: 00 p.m., or as soon
thereafter as the matter may be reached, on the question of annexing to the City of New Bern the
parcel of land owned by Charles Patrick Riddick and wife, Dana M. Riddick, which said parcel
is located at 618 W. Thurman Road in Number Seven ( 7) Township, Craven County, North
Carolina, the boundaries of which are shown on Exhibit A attached hereto and incorporated
herein by reference.
Section 2. That a notice of public hearing shall be published once in the Sun-Journal at
Existing New Bern Limits Scale: 1 = 400 ft or 1: 4,800
Proposed Annexation Area 0 0 1000
EXHIBIT A
PETTTION TO ANNEX
TO: BOARD OF ALDERMEN OF TI CITY OF NEW BERN
1. Charles Patrick Riddick and wife, Dana M. Riddick, the undersigned ovtmers of real
property, respectfully request that the area described in Paragraph 2 below be annexed to the City ofNew Bern.
2. The area to be annexed is contiguous to the City of New Bern, and the boundaries ofsuch territory are more particularly described on Eachibit A attached hereto and incorporated hereinby reference.
OWNERS:
nf n ,. ES P TRICK ICK
c—DANA M. RIDDICI
Date: ( ZZ- 7 O\r1
Mailing Address: I o Iv O I'Y t G Vl L
I p.uJ C' r . a l G 2 2.
I'
i
f
I
EXHIBIT A
All that certain tract or parcel of land lying and being situate in Number Seven ( 7) Township,Craven County, North Carolina, and being more particularly described as follows:
Being all of Lot No. 3, containing 6. 10 acres, more or less, as shown and delineated upon a platentitled" Survey and Division for the Estate of Sandra S. Buicl' which is recorded in Plat CabinetH, Slide 181- F in the Office of the Register of Deeds of Craven County, reference to which ishereby made for a more perfect description of the aforesaid pmperty.
I
I
AGENDA ITEM COVER SHEET NEW BERNCITY OF NEW BERN
Agenda Item Title:Presentation on Wreaths Across America
Date of Meeting: 11/ 12/ 2019 Ward # if applicable: Ward 5
Department: City Clerk Person Submitting Item:Brenda Blanco
Call for Public Hearing: Yes No Date of Public Hearing:
Explanation of Item: Kevin Yates will make a briefpresentation on Wreaths Across
America, a wreath- laying ceremony to take place at the NationalCemetery in New Bern on December 14, 2019. He will provideinformation on wreath sponsorship.
Actions Needed by Informational only
Board:
Backup Attached: None
Is item time sensitive? Yes No
Will there be advocates/opponents at the meeting? Yes No
Cost of A enda Item:
If this requires an expenditure, has it been budgeted and are funds available
and certified by the Finance Director? Yes No
Additional Notes:
AGENDA ITEM COVER SHEET NEW BERNCITY OF NEW BERN
Agenda Item Title:Presentation on Minimum Housing and Nuisance Abatement Enforcement Processes
Date of Meeting: 11/ 12/ 2019 Ward# if applicable:
Department: Development Services Person Submitting Item:Jeff Ruggieri
Call for Public Hearing: Yes No Date of Public Hearing:
Explanation of Item: Staff to present on Minimum Housing and Nuisance AbatementProcesses as requested
Actions Needed by Informational only
Board:
Backup Attached: Powerpoint Presentation
Is item time sensitive? Yes No
Will there be advocates/opponents at the meeting? Yes No
Cost of A enda Item:
If this requires an expenditure, has it been budgeted and are funds available
and certified by the Finance Director? Yes No
Additional Notes:
NORTM CAROLINA
t
r^:,,:
I ... 9-a....I 1
P
Minimum Housing / Code Enforcement
November 12, 2019
Minimum Housing
Authority from N. C. G. S. 160A-441It is hereby found and declared that there exists inthe city dwellin4s that are unfit for human habitationdue to dilapidation, defects increasing the hazardsof fire, accidents and other calamities, lack ofventilation, light and sanitary facilities, and due toother conditions rendering such dwellings unsafe orunsanitar,r and dangerous and detrimental to thehealth, safet morals, and otherwise inimical to the
welfare of the residents of the citv.
1
N. C. G. S. 160A-441 Cont'
In addition to the exercise of police power
authorized herein, any city may by ordinanceprovide for the repair, closing or demolition of anxabandoned structure which the city council finds tobe a health or safety hazard as a result of theattraction of insects or rodents, conditions creating afire hazard, dangerous conditions constituting athreat to children or frequent use by vagrants asliving quarters in the absence of sanitary facilities.Such ordinance, if adopted, may provide for therepair, closing or demolition of such structure ..
t
N. C. G. S. 160A-444
An ordinance adopted by a city under this Partshall provide that the public officer maudetermine that a dwelling is unfit for humanhabitation if he finds that conditions exist in the
dwelling that render it dangerous or injurious tothe health, safety or morals of the occupants ofthe dwelling, the occupants of neighboringdwellings, or other residents of the city...
z
N. C. G. S. 160A-444 Cont'
Defective conditions may include the followingwithout limiting the generality of the foregoing):
defects therein increasing the hazards of fire,accident, or other calamities; lack of adequate
ventilation, light, or sanitary facilities;dilapidation; disrepair; structural defects;
uncleanliness. The ordinances may provideadditional standards to guide the public officers,
or his agents, in determining the fitness of adwelling for human habitation.
Chapter 38 - HOUSING
38- 3, Purpose of this chapter: In order to
protect the health, safety and welfare of theresidents of the city, as authorized by G. S. 160A-
441 et seq., it is the purpose of this chapter to
establish minimum standards of fitness for the
initial and continued occupancy of all buildingsused for human habitation, as expresslyauthorized by G. S. 160A-444.
3
Chapter 38 - HOUSING
Sec. 38- 29: Procedure for enforcement.
Pre/iminary investigation;Whenever a petition is filed with the inspector by apublic authori or by at least five residents of thecity charg ing t at any dwelling or dwelling unit isunfit for T uman habitation, or whenever it appearsto the inspector, u pon inspection, on his ownmotion, that any dwelling or dwelling unit is unfitfor human habitation, he shall, if his preliminaryinvestigation discloses a basis for such charges,issue and cause to be served upon the owner of
and any parties in interest..
Chapter 38 - HOUSING
Sec. 38- 57. - Structural condition.
1) Foundation
Z, 7) Walls, Exterior/ Interior
3) Roof
4) Porches
5) Stairs/ Steps
6) Ceilings
8) Floor
4
Chapter 38 - HOUSING
Sec. 38- 58. - Basic equipment and facilities.
1) Plumbing2) Heating3) Electrical
4) Smoke Detectors
Chapter 38 - HOUSING
Sec. 38- 59 - Ventilation
Each habitable room shall have at least one
window or skylight facing directly to theoutdoors.
5
Chapter 38 - HOUSING
Sec. 38- 60. - Space, use, and location.
Room sizes. Each dwelling unit shall contain at least 150square feet of habitable floor area for the first occupant,
at least 100 square feet of additional habitable area foreach of the next three occupants, and at least 75 square
feet of additional habitable floor area for each additional
occupant. In each dwelling unit and in each roomingunit, each room occupied for sleeping purposes by oneoccupant shall contain at least 70 square feet of floor
area, and each room occupied for sleeping purposes bymore than one occupant shall contain at least 50 square
feet of floor area for each occupant 12 years of age andover and at least 35 square feet of floor area for each
Ceiling height. At least one- half of the floor areaof each habitable room shall have a ceilingheight of not less than seven feet, six inches.
Floor area calculation. Determines what is a
room and what isn' t.
Cellar. No cellar shall be used for living purposes.
Basements. No basement shall be used for livingpurposes unless they meet certain criteria.
6
Chapter 38 - HOUSING
Sec. 38- 61. - Minimum standards for safe and
sanitary maintenance.
Waterproof/weatherproof
Sec. 38- 62. - Control of insects, rodents, and
infestations.
Rodent Control/ Infestations/ Rubbish
Control
Chapter 38 - HOUSING
Sec. 38- 29: Procedure for enforcement.
notice;
a complaint stating the charges in that respect andcontaining a notice that a hearing will be heldbefore the inspector, or his designated agent, at a
place within the county in which the property islocated, fixed not less than ten nor more than 30
days after the serving of the complaint.
Chapter 38 - HOUSING
Sec. 38- 29: Procedure for enforcement.
Hearing;
a complaint stating the charges in that respect andcontaining a notice that a hearing will be heldbefore the inspector, or his designated agent, at a
place within the county in which the property islocated, fixed not less than ten nor more than 30
days after the serving of the complaint.
Chapter 38 - HOUSING
Sec. 38- 29: ( b) Procedure at er hea ing.after notice and hearing, the inspector shallstate in writing his determination whether suchdwelling or dwelling unit is unfit for humanhabitation, and, if so, whether it is deterioratedor dilapidated.
s
Chapter 38 - HOUSING
Sec. 38- 29: ( b) P ocedure after hearing.Deteriorated: The inspector shall issue and
cause to be served upon the owner thereof an
order directing and requiring the owner to repair,alter or improve the dwelling or dwelling unit tocomply with the minimum standards of fitnessestablished by this chapter in order to render itfit for human habitation within a specified period
of time, not to exceed 365 days.
Chapter 38 - HOUSING
Sec. 38- 29: ( b) Procedure after hea ing.Dilapidated : The inspector shall state in writinghis findings of fact to support his determination,and shall issue and cause to be served upon the
owner thereof an order directing and requiringthe owner to vacate and close the dwelling, andto remove or demolish it and clear the debristherefrom, or repair, alter or improve it to
comply with the minimum standards of fitnessestablished by this chapter in order to renderthe dwelling or dwelling unit fit for humanhabitation within a specified period of time, not
to exceed 365 days.
9
Chapter 38 - HOUSING
Sec. 38- 29( c) Failure to comply with order
If the owner of any deteriorated dwelling ordwelling unit shall fail to comply with an order ofthe inspector, the inspector shall submit to the
board of aldermen an ordinance ordering theinspector to cause the dwelling or dwelling unitto be vacated and closed, or to be repaired,
altered or improved to comply with the minimumstandards of fitness established by this chapter.
Chapter 38 - HOUSING
Sec. 38- 29( c) Failure to comply with orderIf the owner of a dilapidated dwelling shall fail tocomply with an order of the chief buildinginspector within the time specified in the order,
the chief building inspector shall submit to theboard of aldermen an ordinance ordering thechief building inspector to cause the dwelling tobe vacated and closed, removed or demolishedand the debris therefrom cleared and, ... no such
ordinance shall be adopted to require demolition
of a dwelling until the owner has first been givena reasonable opportunity to bring it inconformity with the housing code.
10
Chapter 39 — Non- Residential
Building or Structure Code
Sec. 39- 2. - Purpose of this chapter.
In order to protect the health, safety and welfare ofthe city and its citizens, it is the purpose of thischapter to establish minimum standards of
maintenance, sanitation, and safety relating tononresidential buildings or structures, as expresslyauthorized by G. S. 160A-439. This chapter providesfor the repair, closing or demolition of nonresidentialbuildings or structures as a result of a public
necessity caused by conditions that are dangerousand injurious to the public health, safety andwelfare.
ARTICLE II. — Chapter 26 - NUISANCES
Sec. 26- 26. - Conditions constituting nuisance.The excessive and uncontrolled growth of grasses,weeds, underbrush,
Any accumulation of animal or vegetable matter thatis offensive by virtue of odors or vapors emanatingtherefrom, or by the inhabitation thereof, by rats,mice, snakes, domesticated or wild animals, orvermin of any kind,Any accumulation of rubbish, trash, or junk causingor threatening to cause a fire hazard, causing orthreatening to cause the accumulation of stagnantwater, or causing or threatening to cause theinhabitation thereof by rats, mice, snakes,domesticated or wild animals, or vermin of any kind.
11
Chapter 26 - NUISANCES
Sec. 26- 26. - Conditions constituting nuisance.Clothes lines, wash lines, or the hanging of laundryor garments in the primary area of visual concern ofany property.
Any unauthorized inscription word figure painting orother defacement, heretofore known as graffiti, thatis written, marked, etched, scratched, sprayed,
drawn, painted, or engraved on or otherwise a rixed
to any surface of public or private property by anygraffiti implement, to the extent that the graffiti was
not authorized in advance by the owner or occupantof the property, or, despite advance authorization, isotherwise deemed a public nuisance and prohibited.
Chapter 26 - NUISANCES
Sec. 26-27. - Investigation required.
The chief building inspector, or his designee, upon itscoming to his attention that any of the conditionsdescribed in_section 26- 26 may exist, shall make suchinvestigation as may be necessary in order for him todetermine whether, in fact, such conditions exist so as toconstitute a public nuisance, as declared in such section.
Following an investigation, if the chief building inspectoror his desi nee( s) finds the qresence of graffiti as
described in section 26- 26 he shall notify the chief ofpolice or his designee( of the conditions so that the
police department may work with the property owner inorder to ensure the prompt abatement of the nuisance.If the nuisance has not been abated within 15 days of
the initial investigation, the chief building inspector shallserve written notice to property owner as requiredin section 26- 28.
12
Chapter 26 - NUISANCES
Sec. 26- 28. - Written notice to abate; service.
Upon a determination by the chief building inspector,or his designee, that such conditions constituting apublic nuisance exist, the building inspector, or hisdesignee, shall cause a written notice to be served on
the properry owner, lessee, occupant, or person incharge of any such lot or parcel of land, reciting in thenotice the conditions that exist with respect to the lotwhich constitute the same a public nuisance, which
notice shall order the prompt abatement of thenuisance within 15 days from the receipt of suchnotice.
Chapter 26 - NUISANCES
Sec. 26-29. - Abatement by city; lien for costs, collection.If the owner, lessee, occupant, or other person in chargeof the lot or parcel of land shall fail or refuse to complywith the order embodied in the notice served pursuant tothis article, then, and in that event, the city, through itsauthorized agents and employees, shall enter upon thelot or parcel of land and abate the nuisance identified inthe notice. The actual cost of all labor, trucks, mowers,machines, and implements used by the city to abate thenuisance shall be calculated b the department of publicworks and shall immediately be and constitute a lienaaainst the subject ropertv. ...if the amount shall not bepaid ... within 30 days thereafter, the amount shall becollected by the tax collector by action in the samemanner as a suit to collect unpaid taxes due on realestate...
13
AGENDA ITEM COVER SHEET NEW BERNCITY OF NEW BERN
Agenda Item Title:Consider Adopting a Resolution Requesting Improvements to County Line Road
Date of Meeting: 11/ 12/ 2019 Ward # if applicable: 3
Department: City Clerk Person Submitting Item:Brenda Blanco
Call for Public Hearing: Yes No Date of Public Hearing: N/A
Explanation of Item• As requested at the October 22, 2019 Board meeting, this itemwill relay to NCDOT the City' s request for the portion ofCounty Line Road from Old Airport Road to Wilcox Road to beimproved and paved.
Actions Needed by Consider adopting resolution
Board:
Backup Attached: Resolution
Is item time sensitive? Yes No
Will there be advocates/opponents at the meeting? Yes No
Cost of A enda Item: $o
If this requires an expenditure, has it been budgeted and are funds available
and certified by the Finance Director? Yes No
Additional Notes:
Aldermen Dana E. Outlaw
NEW BERN Mayor
Sabrina Bengel Mark A. Stephens
Jameesha Harris City ManagerRobert V. Aster C I T Y F N E W B E R N Brenda E. Blanco
Johnnie Ray Kinsey City ClerkBarbara J. Best 300 Pollock Street, P. O. Box 1129
Jeffrey T. Odham New Bern, NC 28563- 1129
252) 636-4000
Memo to: Mayor and Governing Board
From: Brenda Blanco, City Clerk CDate: November 1, 2019
Re: Resolution Requesting Improvements to County Line Road
At the Board' s October 22, 2019 meeting, Alderman Aster expressed a desire for aresolution requesting the NC Department of Transportation improve and pave the portionof County Line Road from Old Airport Road to Wilcox Road. This portion of roadway lieswithin the city limits of New Bern. With the impending improvements to U. S. 70, increasedresidential development, and continued growth in the immediate area, paving of thisportion of roadway will improve access to neighborhoods and enhance public safety. TheBoard expressed consensus with placing a resolution on this agenda for consideration.
beb
RESOLUTION REQUESTING IMPROVEMENTS TO COUNTY LINE ROAD
WHEREAS, County Line Road ( SR 1101) is a secondary road located in CravenCounty, North Carolina. The road is situated, in part, in the municipal city limits of NewBern, and the portion of road that exists from Old Airport Road to Wilcox Road is gravel;
and
WHEREAS, the NC Department of Transportation plans significant and much-
needed improvements to a 5. 1- mile stretch of U. S. 70 from Thurman Road to the Neuse
River Bridge in James City, which is in close proximity to County Line Road. These
improvements are scheduled to begin in 2021 and will result in a potential increase in
traffic along County Line Road; and
WHEREAS, the vicinity of U. S. 70 has seen substantial growth over recent years,and that growth is anticipated to continue. Plans are underway for the development ofover 650 residential properties along Old Airport Road; and
WHEREAS, with the impending improvements to U. S. 70, the continued
development of residential properties, and the projected growth of the immediate area,
the City of New Bern requests that the NC Department of Transportation consider pavingthe section of County Line Road from the point of Old Airport Road to the existing pavedsurface near the intersection of Wilcox Road. This action will not only improve access toneighborhoods, but will enhance public safety and accommodate the projected increasein traffic.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OFTHE CITY OF NEW BERN:
1. That the City requests and encourages the NC Department of
Transportation to improve and pave the gravel portion of County Line Road that lies withinthe municipal city limits of New Bern from the point of Old Airport Road to the existingpaved surFace near the intersection of Wilcox Road; and
2. A request is further made for paving to be completed prior to thecommencement of the U. S. 70 Improvements Project in 2021.
ADOPTED THIS 12th DAY OF NOVEMBER, 2019.
DANA E. OUTLAW, MAYOR
BRENDA E. BLANCO, CITY CLERK
AGENDA ITEM COVER SHEET NEW BERNCITY OF NEW BERN
Agenda Item Title:Memorandum of Understanding( MOU) with us Marine Corps Forces, Special OperationsCommand( MARSOC)
Date of Meeting: 11/ 12/ 2019 Ward# if applicable:
Department: Police Person Submitting Item:Toussaint E. Summers, Jr.
Call for Public Hearing: Yes No Date of Public Hearing:
Explanation of Item: The proposed Memorandum of Understanding provides for theMarine Corps Special Operations Command to periodicallyconduct, within the city limits ofNew Bern, required training formilitary personnel, government civilian workers, or contractors.
Actions Needed by Consider approving resolution
Board:
Backup Attached• Memo, resolution& MOU
Is item time sensitive? Yes No
Will there be advocates/opponents at the meeting? Yes No
Cost of A enda Item:
If this requires an expenditure, has it been budgeted and are funds available
and certified by the Finance Director? Yes No
Additional Notes:
NEVt BERN6 41
NEW BERN POLICE DEPARTMENT
f'(. x 11? 9, Nc E3crn, NC Z i63- 1129Founded 179? j i7_, 1 Taussaint E. Summers, Jr.
Chirf f PulierP 1 c a z 1 t:<nr Tn« cv nmr t Kether lt rr.
TO: Mayor Outlaw and the Board of Aldermen
FROM: Toussaint E. Summers, Jr., Chief of Police
SUBJECT: Signing Entity for the Memorandum of Understanding with the US Marine CorpsForces, Special Operations Command
DATE: November 12, 2019
The New Bern Police Department is respectfully requesting the approval of the Memorandum of
Understanding ( MOU) with the US Marine Corps Forces, Special Operations Command
MARSOC). The MOU will allow MARSOC to periodically conduct required training for
consenting military personnel, government civilian workers or contractors. No private citizens
will be involved in the training.
It is recommended that the Board of Aldermen approve the aforementioned Memorandum of
Understanding.
TES/mjp
A Nationally Accredited Agency
RESOLUTION
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF NEWBERN:
That the Memorandum of Understanding dated October 29, 2019 befinreen theU. S. Marine Corps Forces, Special Operations Command ( MARSOC) and the City of NewBern, a copy of which is attached hereto and incorporated herein by reference, be andthe same is hereby approved, and the Mayor and City Clerk are hereby authorized anddirected to execute the same in duplicate originals for and on behalf of the City.
ADOPTED THIS 12th DAY OF NOVEMBER, 2019.
DANA E. OUTLAW, MAYOR
BRENDA E. BLANCO, CITY CLERK
IINITBD STATI3S MARIN$ CORPS
U. S. MARINE CORPS FORCESSPECIAL OPERATIONS COMMAND
PSC BOX 20116
CAMP LEJEUNE, NORTH CAROLINA 28542- 0116
IN REPLY REFQ2 T0:
3307
29 OCT 19
MEMORANDUM OF UNDERSTANDING ( MOU)
BETWEEN
U. S. MARINE CORPS FORCES, SPECIAL OPERATIONS COMMAND ( MARSOC)
AND
THE CITY OF NEW BERN, NORTH CAROLINA
l . Purpose. The purpose of this memorandum is to memorializethe approval by the municipal leadership of the City of NewBern, North Carolina for MARSOC to conduct training in New Bern,North Carolina. MARSOC requests that the City of New Bern,North Carolina grant MARSOC the authority to periodicallyconduct required training within the city. All such training
will be coordinated under the guidelines set forth in thisagreement. Al1 personnel involved in these exercises will beconsenting military personnel, government civilian workers, or
contractors; no private citizens will be part of or involved inthe training exercises in any manner.
2 . Approval. The City of New Bern, North Carolina, hereby
agrees to permit members of MARSOC ( to include all military,
civilian, and contractor support personnel) to conduct military
training, to include [surveillance, advanced communications,
raid, reconnaissance, Convoy, Foot Movement of troops and
Equipment, Drop Zone, Landing or Pick up Zone, other helicopter
operations, and other required training necessary to developspecial operations skills within the boundaries of New Bern,North Carolina. Training and informal meetings will berestricted specifically to commercial/ restaurant and publicgathering areas of the above stated city and will not involvedirect contact with the local populace. Any training to beconducted on private property in the above mentioned city willbe coordinated with and approved by the property ownersinvolved. This approval is subject to the following:
a. This MOU becomes effective upon execution by the NewBern North Carolina Mayoral Office and MARSOC and will run forthree (3) years from the date of execution of the last signingparty unless sooner terminated under the provisions of paragraph7 ( b) . This MOU recognizes that MARSOC intends to conduct
Page 1 of 5
MEMORANDUM OF UNDERSTANDING BETWEEN MARSOC AND THE CITY OF NEW BERN, NORTH
CAROLINA AND THE NEW BERN POLICE DEPARTMENT
training in the City of New Bern, North Carolina on multiple
occasions over that time period. Prior to conducting any
training, MARSOC will provide advance written notice to civilian
leadership and law enforcement officials. The notice will
include current contact information, training personnel points
of contact, type of training to be conducted, areas to be
utilized during training and dates of intended usage (see
enclosures (1) and ( 2) ) . The information will be provided in
order to give the City of New Bern, North Carolina the maximum
possible visibility over training and to provide notice to lawenforcement activities of our presence in the area. Every
effort will be made by MARSOC to provide written notice at leastthirty (30) days in advance of any training in order to allowsufficient time for both parties to mutually resolve any
outstanding issues and address any concerns . During the conduct
of any training, MARSOC will conduct daily liaison with thedesignated law enforcement personnel .
b. MARSOC shall not knowingly use any commercial/ public
gathering areas in any unlawful way.
c. 31 U. S. C. Sect. 1341, The Anti- Deficiency Act",
prohibits open- ended indemnification and hold harmless
agreements" by the U. S. Government. However, sovereign immunity
is waived if any damages do occur, in order to hold the federal
government liable. The U. S . Government is responsible, under
the terms of the Federal Tort Claims Act (FTCA) , 28 U. S. C.
1346 (b) , 2671- 2680, or the Military Claims Act (MCA) 10 U. S. C.
2733 , as applicable, for any injury to persons or damage toproperty proximately caused by acts or omissions of Governmentemployees acting within the scope of their employment . The
FTCA, and supporting case law, provides several means of
recovery for negligent acts of Government personnel. The
injured party may submit a claim directly against the U. S.Government; a defendant may implead the U. S . Government as a
third-party tortfeasor; or a defendant may later pursue the U. S.Government in a separate indemnity action or claim submission,
for any amounts paid to the injured party due to negligence ofthe U. S . Government. A perfected claim requires a completed U. S.Government Standard Form 95 and proof substantiating the claimedamount . Other documentation may be required on a case by casebasis . Claims packages may be submitted to the below offices byemail, fax, or standard mail . For required documents, see
http• // www jag navy mil/ organization/ code 15 packets forms .htm.Claims packages may be submitted to the Camp Le eune Office bystandard mail .
Page 2 of 5
MEMORANDUM OF UNDERSTANDING BETWEEN MARSOC AND THE CITY OF NEW BERN, NORTH
CAROLINA AND THE NEW BERN POLICE DEPARTMENT
Commanding GeneralLSSS- E ( Claims)
PSC Box 20005
MCIEAST- MCB
Camp Lejeune, NC 28542- 0005
3 . For all training exercises, MARSOC, via the officer in
charge (OIC) of the exercise, will ensure that local law
enforcement is informed of all areas, times, and dates that will
be utilized for training. All activities conducted at these
venues will be appropriate for the intended training objective.Additionally, MARSOC staff will embed a liaison element within
the City of New Bern Police Department that will notify therequisite elements of the City of New Bern Police Department ofany activity within each district. MARSOC instructors will
either be on site or in the vicinity of training in order tocritique training as well as function as an on- site liaison toensure training is conducted in accordance with this agreement.In the event a situation presents itself involving local lawenforcement, an Exercise Participant Card will be provided thatincludes contact information of the MARSOC leadershipresponsible for the training and the MARSOC Public AffairsOffice. The City of New Bern Police Department will interveneand act as they deem necessary to handle and resolve anysituation.
4 . Unless otherwise agreed upon in writing, MARSOC training
activities in the City of New Bern, North Carolina will be low-
impact and low- visibility. MARSOC activities are not likely to
attract undue attention nor should the conduct of activitiesalert any civilians/ members of the establishment who are in theimmediate area. In the event that a civilian/ non- lawenforcement official or uniformed member of local lawenforcement approach and begin to question any personnel
conducting training about their activities, the personnel
conducting training will provide an Exercise Participant Cardand Military Identification Card. The personnel conducting
training will contact their OIC in any situation where civiliansor law enforcement personnel intervene in the training. In this
instance, all personnel conducting training will comply withinstructions from local law enforcement officials and will
immediately inform their OIC.
5 . Prior to the start of the exercise, MARSOC members will
receive classes and be thoroughly briefed on the safety plan andrules of training. No personal vehicles are authorized for use
by the Marines conducting this training. Tactical vehicles,
Page 3 of 5
MEMORANDUM OF UNDERSTANDING BETWEEN MARSOC AND THE CITY OF NEW BERN, NORTH
CAROLINA AND THE NEW BERN POLICE DEPARTMENT
Rental and/ or government plated vehicles consisting of sedans,mini- vans, and sport utility vehicles will be utilized duringthis training.
6 . MARSOC personnel conducting training will not conductconcealed carry of firearms at any time during training. MARSOC
personnel will not conduct open carry of firearms, simulated
firearms, or pyrotechnic devices during the course of active
training in the City of New Bern, North Carolina without advance
notice to the City of New Bern, North Carolina.
a. " Active training" does not include transportation of
weapons between training locations .
b. MARSOC may be permitted to carry firearms, simulated
firearms, or pyrotechnic devices on a case- by- case basis. In
such instances, MARSOC will provide a description of the desired
activity to the City of New Bern, North Carolina in the required
notification letter four weeks prior to commencement of theexercise. MARSOC will coordinate with City of New Bern PoliceDepartment detailing the starting and ending point of eachmovement, time of movement, activities to be exercised,
make/ model/ license plate of vehicles, and number of personnel
executing activity. The City of New Bern, North Carolina
maintains the right to refuse to permit the desired activity.Any refusal will be provided by the City of New Bern, North
Carolina in writing in response to the notification within twoweeks of receipt of the notification of training.
7 . Al1 MARSOC personnel will be in civilian attire or militaryuniforms; however, they will be able to produce an ExerciseParticipant Card and a government identification card at alltimes. All MAR.SOC personnel conducting training and exercisestaff will obey all traffic laws and posted speed limits. At no
time will MARSOC personnel engage in any activity that will putthemselves or others in danger, and they will obey all orders
from civilian law enforcement agencies. The training exercise
will culminate when all exercise participants have departed theCity of New Bern, North Carolina area. The MARSOC OIC will
notify the City of New Bern Police Department upon completion ofthe exercise. The MARSOC OIC will provide the City of New Bern,North Carolina Mayor' s Office a signed copy of this document anda copy of the notification for each training event for therecord.
8 . Non- Disclosure. The City of New Bern, North Carolina agrees
not to disclose any MARSOC tactics, techniques, procedures,
Page 4 of 5
MEMORANDUM OF UNDERSTANDING BETWEEN MARSOC AND THE CITY OF NEW BERN, NORTH
CAROLINA AND THE NEW BERN POLICE DEPARTMENT
methods of training, or exercise concepts or scenarios that the
City of New Bern, North Carolina may learn during discussionswith MARSOC about exercises or by observation during the conductof an exercise. Additionally, the City of New Bern, North
Carolina agrees not to disclose the identity of MARSOC personnelconducting training or, if not active duty Marines, their
affiliation with MARSOC ( e. g. , contracted civilian role players
or members of other armed services) . Furthermore, the City of
New Bern, North Carolina agrees not to disclose the locations ordates of the MARSOC exercises beyond those with a need to knowwithin the City of New Bern, North Carolina' s affiliation.
9. Modification or Termination
a. Modifications to this MOU must be in writing and signed
by authorized representatives of the City of New Bern, North
Carolina and MARSOC. The representative for MARSOC can becontacted at MARSOC, ATTN: Office of the Staff Judge Advocate,
PSC Box 20116, Camp Lejeune, NC 28542- 0116 or via phone at 910-
440- 0928 . The representative for the office of the City of NewBern, NC can be contacted at PO Box 1129, New Bern, NC 28563,
via phone at 252- 672- 4195, and via email at
summerst@newbernnc. gov.
b. This MOU shall remain in effect for three (3) years from
the date of execution of the last signing party. Both the City
of New Bern, North Carolina and MARSOC retain the right toterminate this MOU at any time, with ninety (90) days written
notice to the other party, for any reason.
Stephen P. Grzeszczak Dana E. Outlaw
Deputy Chief of Staff, MARSOC Mayor
City of New Bern, NC
Date: Date:
Toussaint E. Summers, Jr.
Chief of Police
City of New Bern, NC
Date:
Page 5 of 5
AGENDA ITEM COVER SHEETNEW BERN
CITY OF NEW BERN
Agenda Item Title:Consider Adopting an Amended Resolution Authorizing Agents as City Representatives forHurricane Dorian
Date of Meeting: 11/ 12/ 2019 Ward # if applicable: N/A
Department: Administration Person Submitting Item:Mark A. Stephens
Call for Public Hearing: Yes No Date of Public Hearing:
Explanation of Item: A resolution was adopted on 10/ 22/ 19 designating the City' sprimary and secondary agents for working with FEMA onHurricane Dorian claims. Staff desires to amend the resolution
to designate the City Manager as the primary agent.
Actions Needed by Consider adopting resolution
Board:
Backup Attached: Memo; Resolution
Is item time sensitive? Yes No
Will there be advocates/opponents at the meeting? Yes No
Cost of A enda Item:
If this requires an expenditure, has it be budgeted and are funds availableand certified by the Finance Director? Yes No
Additional Notes:
AldermenDana E. Outlaw
NE BERNMayor
Sabrina BengelMark A. Stephens
Jameesha HanisT
R}
City Manager
Robert V. Aster C I T Y F N E W B E R N Brenda E. Blanco
Johnnie Ray KinseyCity Clerk
Barbara J. Best 300 Pollock Street, P.O. Box 1129
Jeffrey T. Odham New Bern, NC 28563- 1129252) 6364000
Memo to: Mayor and Board of Aldermen
From: Mark A. Stephens, City Manager
Date: November 1, 2019
Re: Amended Resolution Designating Agents for Hurricane Dorian
The Board adopted a resolution on October 22, 2019 designating the City's primary andsecondary agents for working with FEMA on Hurricane Dorian claims. Staff desires to
amend the resolution to name the City Manager as the primary agent. The secondary
agent will remain the Accounting Manager.
AMENDED
RESOLUTION
DESIGNATION OF APPLICANT' S AGENTNorth Carolina Division of Emer enc Mana ement
Organization Name( hereafter named Organization) Disaster Number:
City of New Bern FEMA-4465- DR- NC
Applicant' s State Cognizant Agency for Single Audit purposes( IfCognizant Agency is not assigned, please indicate):
Applicant's Fiscal Year( FI StartMonth: July Da :
Applicant' s Federal Employer's Identification Number
56 - 6000235
Applicant's Federal Information Processing Standazds( FIPS) Number049 - 46340 - 00
PRIMARY AGENT SECONDARY AGENT
Agent sN eMarkA. Stephens
Agent' sNameLori A. MulliCan
Organization
City of New BernOrganization
City of New BernOfficial Position
City ManagerOfficial Position
Accounting Manager
Mailing AddressPO Box 1129
Mailing AddressPO BOX 1129
c ry, State, z p New Bern, NC 28563c y, State, z p New Bern, NC 28563
Daytime Telephone252) 639-2700
Daytime Telephone252) 639-2715
Facsimile Number252) 639-2841
Facsimile Number252) 636-4108
Pager or Cellular Number 252) 514-5008
Pager or Cellular Number 252) 671- 1301
BE IT RESOLVED BY the goveming body of the Organization ( a public entity duly organized under the laws of the State of North Cazolina)that the above-named Primary and Secondary Agents aze hereby authorized to exect te and file applicarions for federal and/ or state assistance onbehalf of the Organization for the purpose of obtaining certain state and feden] financial assistance under the Robert T. Stafford Disaster Relief
Emergency Assistance Act,( Public Law 93- 288 as amended) or as otherwise available. BE IT FURTHER RESOLVED that the above-namedagents aze authorized to represent and act for the Organization in all dealings with the State ofNorth Cazolina and the Federal EmergencyManagement Agency for all matters pertaining to such disaster assistance required by the grant agreements and the assurances printed on thereverse side hereof. BE IT FINALLY RESOLVED THAT the above-named agents are authorized to act severally. PASSED ANDAPPROVED ttus Zth da of NOV 20 19
GOVERNING BODY CERTIFYING OFFICIAL
Name and TitleDana E. Outlaw, Mayor
Namegrenda E. Blanco
Name and Title Official PositionCity Clerk
Name and Title Daytime Telephone252) 639-2701
CERTIFICATION
IBrenda E. Blanco
Name) duly appointed andClty Cl2fk Title)
of the Goveming Body, do hereby certify that the above is a true and correct copy of a resolution passed andapproved by the Governing Body of the City of New Bem Organization) on the 12' day ofNovember 2019
Date: 11/ 19/2019 Signature:
Rev. 06/ 02
Agenda Item Title:Consider Adopting an Ordinance to Establish the Hurricane Dorian Fund
ate of Meeting: 11/ 12/2019 ard # if applicable: N/A
epartment: Finance erson Submitting Item:ori A. Mullican, Accounting Manager
Call for Public Hearing: Yes No ate of Public Hearing:
xplanation of Item• he attached ordinance establishes the Hurricane Dorian Fund.
ctions Needed by dopt Ordinance
oard:
ackup Attached: emo; Budget Ordinance
s item time sensitive? Yes No
ill there be advocates/opponents at the meeting? Yes No
Cost of Agenda Item:
f this requires an expenditure, has it be budgeted and are funds available
and certified by the Finance Director? Yes No
Additional Notes:
Aldermen
NEW BERNDana E. Outlaw
Mayor
Sabrina Bengel Mark A. Stephetts
Jameesha Harris City ManagerRobert V. Aster C I T Y F N E W B E R N Brenda E. Blanco
Johnnie Ray Kinsey Ciry ClerkBarbara J. Best 300 Pollock Street, P. O. Box 1129
Jeffrey T. Odham New Bern, NC 28563- 1129
252) 636-4000
TO: City Manager, Honorable Mayor and Members of the Board of Aldermen
FROM: Lori Mullican —Accounting Manager
DATE: November 4, 2019
RE: Establish Hurricane Dorian Fund
Background
As a result of Hurricane Dorian the City of New Bern is eligible for reimbursementsthrough FEMA. The City experienced damages and has and will continue to incur costsfor emergency services, utility restoration, debris removal, repairs and other relatedexpenses. The attached ordinance establishes the Hurricane Dorian Fund with initialbudget of$ 1. 5 million, which is expected to be funded through FEMA grant funds. The
Hurricane Dorian Fund will aid in the accounting of revenues and expenses related tothis event and allow restoration and cleanup efforts to continue. While the proposedbudget will cover the initial costs of this event, future budget amendments may benecessary.
Requested Action
It is recommended that the Board adopt the attached budget ordinance at its meeting tobe held on November 12, 2019
Everything Comes Together Here
GRANT PROJECT ORDINANCEHurricane Dorian Fund
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF NEW BERN THAT:Pursuant to Section 13. 2 of Chapter 159 of the Generate Statutes of North Carolina, thefollowing grant project ordinance is hereby adopted:
Section 1. There is hereby established a Grant Fund to be known as the " HurricaneDorian Fund".
Section 2. The" Hurricane Dorian Fund" is established account for all costs incurred andFederal and State reimbursements received related to Hurricane Dorian.
Section 3. It is estimated that the following revenues will be available to the HurricaneDorian Fund:
Grant Revenues 1. 500, 000
Section 4. The following amounts are hereby appropriated to the Hurricane DorianFund:
Hurricane Dorian 1. 500,000
Section 5. The Finance Officer is hereby directed to maintain within the Grant ProjectFund sufficient specific detailed accounting records to provide the accountingto the grantor agency required by the grant agreement and Federal andState regulations.
Section 6. Funds may be advanced from the General, Electric, Water, Sewer, or SolidWaste Funds for the purpose of making payments as due. Reimbursementrequests should be made to the grantor agency in an orderly and timelymanner.
Section 7. The City Manager and Finance Officer are hereby authorized to make budgettransfers among the project line items. Said transfers must be consistent
with Federal and State regulations and policies prior to taking effect.
Section 8. Copies of this grant project ordinance shall be made available to the BudgetOfficer and the Finance Officer for direction in carrying out this project.
ADOPTED, THIS THE 12th DAY OF NOVEMBER 2019.
DANA E. OUTLAW, MAYOR
BRENDA E. BLANCO, CITY CLERK
Agenda Item Title:Consider Adopting an Ordinance to Amend the Entitlement Cities Community DevelopmentBlock Grant Fund
ate of Meeting: 11/ 12/2019 ard # if applicable: N/A
epartment: Finance erson Submitting Item:ori A. Mullican, Accounting Manager
Call for Public Hearing: Yes No ate of Public Hearing:
xplanation of Item: e attached ordinance amends the Entitlement Cities
ommunity Development Block Grant Fund to recognizedditional grant proceeds and establish budget.
ctions Needed by dopt Ordinance
oard:
ackup Attached: emo; Budget Ordinance Amendment
s item time sensitive? Yes No
ill there be advocates/opponents at the meeting? Yes No
Cost of Agenda Item:
f this requires an expenditure, has it be budgeted and are funds available
and certified by the Finance Director? Yes No
Additional Notes: .
Aldermen
NEW BERNDana E. Outlaw
Mayor
Sabrina Bengel Mark A. Stephens
Jameesha Harris City ManagerRobert V. Aster C I T Y F N E W B E R N Brenda E. Blanco
Johnnie Ray Kinsey City ClerkBarbara J. Best 300 Pollock Street, P. O. Box 1129
Jeffrey T. Odham New Bern, NC 28563- 1129
252) 636-4000
TO: City Manager, Honorable Mayor and Members of the Board of Aldermen
FROM: Lori Mullican —Accounting Manager
DATE: November 4, 2019
RE: Amend the Entitlement Cities Community Development Block Grant Fund
Background
On September 13, 2013 the Board adopted a resolution authorizing the staff to pursueCommunity Development Block Grant ( CDBG) Entitlement City status with the U. S.Department of Housing and Urban Development ( HUD). Entitlement City status wouldallow us to receive funds through an annual allocation rather than having to compete withother small cities and counties for state CDBG funds. The City of New Bern received theEntitlement City status in 2014 and receives ongoing funding for the program. This
budget ordinance acknowledges receipt of the most recent grant funding distributions, for477,574, and establishes the necessary budgets. The grant proceeds will continue
provide funding for improvements to infrastructure, housing rehabilitation, public
improvements, affordable housing and planning & administration.
Requested Action
It is recommended that the Board adopt the attached budget amendment at its meetingto be held on November 12, 2019
Everything Comes Together Here
AN ORDINANCE TO AMEND THE GRANT ORDINANCE
Entitlement Cities Community Development Block Grant (CDBG) Fund
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF NEW BERN:
Section 1. That Section 3 of the Entitlement Cities CDBG Grant Fund Ordinance
adopted on August 12, 2014 is hereby amended to recognize subsequentyear grant award revenues.
Increase: Grant Revenues 477 574
Section 2. That Section 4 of the Entitlement Cities CDBG Grant Fund Ordinance
adopted on August 12, 2014 is hereby amended to recognize additionalappropriations for the grant programs.
Increase: Development Services - SRF 477 574
Section 3. This amendment shall become effective upon adoption.
ADOPTED, THIS THE 12th DAY OF NOVEMBER 2019.
DANA E. OUTLAW, MAYOR
BRENDA E. BLANCO, CITY CLERK
Agenda Item Title:Consider Adopting an Ordinance to Amend the FY2019-20 Operating Budget
ate of Meeting: 11/ 12/ 2019 ard # if applicable: N/A
epartment: Finance erson Submitting Item:ori A. Mullican, Accounting Manager
Call for Public Hearing: Yes No ate of Public Hearing:
xplanation of Item• e attached ordinance amends the FY2019-20 Grants Operatingudget to recognize grants and establish the budgets.
ctions Needed by dopt Ordinance
oard:
ackup Attached• emo; Budget Ordinance Amendment
s item time sensitive? Yes No
ill there be advocates/opponents at the meeting? Yes No
Cost of Agenda Item:
f this requires an expenditure, has it be budgeted and are funds available
and certified by the Finance Director? Yes No
Additional Notes:
Aldermen
NEW BE Datta E. Outlaw
Mayor
Sabrina Bengel Mark A. Stephens
Jameesha Harrisi"'
Ciry ManagerRobert V. Aster C I T Y F N E W B E R N Brenda E. Blanco
Johnnie Ray Kinsey City ClerkBarbara J. Best 300 Pollock Street, P. O. Box 1129
Jeffrey T. Odham New Bern, NC 28563-1129
252) 636-4000
TO: City Manager, Honorable Mayor and Members of the Board of Aldermen
FROM: Lori Mullican —Accounting Manager
DATE: November 4, 2019
RE: Amendments to the FY2019- 20 Operating Budget
The following are amendments to the Fiscal Year 2019-20 Grants Fund OperatingBudget.
Recognize a $ 50, 000 NC Department of Commerce Rural Development DowntownRevitalization Grant and establish budget. The grant funds are for the revitalization and
enhancement of Federal Alley.
Recognize a $ 40,000 NC Department of Commerce Rural Development Local CapacityGrant and establish budget. The grant funds are for the repair of fencing along theRiverwalk adjacent to Union Point Park damaged during Hurricane Florence.
Recognize a $ 4,978 Wal- Mart Community Grant and establish budget. The grant fundsare for the purchase of Water Rescue gear.
Recognize a $ 5, 027 Department of Justice, Bureau of Justice Assistance BulletproofVest Partnership Grant and establish budget. This grant requires a City match in thesame amount which is included in the in the General Fund FY19- 20 operating budget.
Recognize a $ 15, 000 Duke Energy Foundation Storm Resiliency Grant and establishbudget. The grant funds are to be used toward the costs related to the hiring of aconsulting firm for the development of a mitigation plan.
Appropriate funds and recognize funding sources not completed as of June 30, 2019 forthe $56, 000 NC Department of Natural & Cultural Resources Grant. A $ 14, 000 match is
required and is included in the General Fund FY19-20 budget. The grant funds are for
the Riverwalk Greenway Project.
Requested Action
It is recommended that the Board adopt the attached budget amendment at its meetingto be held on November 12, 2019
Everything Comes Together Here
CITY OF NEW BERN, NORTH CAROLINAREQUESTED AMEDMENT TO
Fiscal Year 2019-2020
FROM: Lori Mullican, Accounting Manager MEETING DATE: November 12, 2019
EXPLANATION: Recognize the following grants: a)$ 50,000 NC Department of Commerce Rural
Development Downtown Revitalization Grant and establish budget. The grant funds are for therevitalization and enhancement of Federal Alley. b)$ 40,000 NC Department of Commerce Rural
Development Local Capacity Grant and establish budget. The grant funds are for the repair offencing along the Riverwalk adjacent to Union Point Park damaged during Hurricane Florence. c)
4,978 Wal- Mart Community Grant and establish budget. The grant funds are for the purchase ofWater Rescue gear. d)$ 5, 027 Department of Justice, Bureau of Justice Assistance Bulletproof
Vest Partnership Grant. This grant requires a City match in the same amount which is included inthe General Fund FY19-20 operating budget. e)$ 15,000 Duke Energy Foundation Storm
Resiliency Grant. The grant funds are to be used towards the costs related to the hiring of aconsulting firm for the development of a mitigation plan.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF NEW BERN THAT THE 2019-2020ANNUAL BUDGET ORDINANCE IS AMENDED AS FOLLOWS:
Section 1 - Appropriations
Schedule K- Grants Fund
Increase: Police- SRF 10,054
Fire- SRF 4 9$
Recreation- SRF 110, 000
Development Services- SRF 15,000
Public Works- SRF 50,000
190,032
Section 2 - Estimated Revenues
Schedule K- Grants Fund
Increase: Police- SRF 5,027
Fire- SRF 4,978
Recreation - SRF 96,000
Development Services- SRF 15,000
Public Works- SRF 50, 000
Interfund Transfers 19,027
190, 032
NATURE OF TRANSACTION:
X ADDITIONAL REVENUE AVAILABLE FOR APPROPRIATIONTRANSFER WITHIN ACCOUNTS OF SAME FUND
OTHER
APPROVED BY THE BOARD OF ALDERMEN AND
ENTERED ON MINUTES DATED
AGENDA ITEM NUMBER
BRENDA E. BLANCO, CITY CLERK
Aldermen Dana E. Outlaw
NEW BERN Mayor
Sabrina Bengel Mark A. Stephens
Jameesha Harris City ManagerRobert V. Aster C I T Y O F N E W B E R N Brenda E. Blanco
Johnnie Ray Kinsey City ClerkBarbara J. Best 300 Pollock Street, P. O. Box 1129
Jeffrey T. Odham New Bern, NC 28563- 1129
252) 636-4000
Memo to: Alderman Sabrina Bengelc
From: Brenda Blanco, City Cierk
Date: September 29, 2019
Re: Appointment to Planning & Zoning Board
Jerry Walker's first term on the Planning & Zoning Board expired June 30, 2019. You
made a motion to reappoint Mr. Walker for an additional term. It has just been brought to
my attention that Mr. Walker declined the reappointment. Therefore, you are asked tomake a new appointment to serve a three-year term.
