BOARD OF COMMISSIONERS REGULAR MEETING MARCH25,2024 PAGE1  PRESENT: Mayor William L. Lewis, Jr.; Commissioners Tyrone Cantey, Karen Lewis, PRESENT: City Manager Christopher McGee; Assistant City Manager Cindy Morgan; City  2 3 STAFF 6 7 8 9 10 11 12 16 18  Josh] Kohr, Danny Walsh, and Brenda Wilson  Attorney CliffParson; Information Technology Director Chad Ives; Police Chief Mike Broadwell; Police Detective Kaitlyn Smith; Fire Chief Tom Dorn; Planning Director Katrina Marshall; Recreation Director Kelvin Hardesty; Finance Officer Kimberly Walters; Public Works Director Patrick Lee; Public Utilities Director Rick Day; Tourist & Event Center Sales Manager Paml Holder;  and City Clerk Mary Weigl  13 Mayor Willl Lewis calledt the regular meeting oft the Havelock Board of Commissioners to order 14 at 7:01 p.m. onl March 25, 2024, at thel Havelock City Hall with ac quorum present. At this time, 15 Mayor Lewis called for a moment ofs silence, followed by the pledge of allegiance.  17 REGULAR & CONSENT. AGENDA  19 City Clerk Mary Weigl presented the Board of Commissioners with the Regular Agenda and 20 the Consent Agenda for their review and approval. Commissioner Lewis made a motion to 21 adopt the Regular and Consent Agenda as presented. Commissioner Wilson seconded and 22 the motion carried unanimously. (5-0) The motion included the following approvals:  23 25 27 28 29 31  24 Regular Agenda as presented 26 Consent Agenda as presented: 30 PUBLICCOMMENTS  Minutes of the February 20. 2024 Board of Commissioners Special Meeting Minutes oft the February 26. 2024 Board of Commissioners Regular Meeting  32 Prior to discussing the agenda topics, Mayor Lewis stated he would like to give the public an 33 opportunity to address the Board of Commissioners on any issue. Anyone providing aj public 34 comment was asked to speak their name and address for the record and noted that comments 35 would bel limitedt toi five (5) minutes. Ins summary, it was further explained that the Board would 36 take all comments and questions very seriously and would assign follow-upa as necessary to City 37 staff. As ar result, the following individuals appeared beforet the Board this evening: 39 Richard Henderson, 103] Bells Court, Havelock, NC: Mr. Henderson stood before the Board 40 of Commissioners this evening tos state that he nol longer feels like Havelock is his home andH he 41 has to move away. Some of his reasons for moving away are the economic constraints in 42 Havelock such as the taxes. He estimates that his home value has doubled since moving to 43 Havelock. Mr. Henderson also stated that the tax in Havelock is $1.12 or $1.13 per $100 44 whereas inl Bridgeton it is 0.98 per $100 and in New Bern taxes are 0.82 per $100. He went on 45 to say that Havelock used tol have businesses and now the businesses are gone, and there are 46 storage facilities where grocery stores used tol be. Mr. Henderson ended his comments by saying 49 Vicki' Taverna, 139 MacDonald Boulevard, Havelock, NC: Ms. Taverna stood before the 50 Board of Commissioners this evening to ask for help with the 18-wheelers that are parking in 53 Mayor Lewis relayed that a few years ago the area was rezoned that would allow for 54 development, however that has not happened yet. He asked Ms. Taverna toj provide the Clerk 55 with! her contact information. The Clerk would! have thel Planning Director contact her toj provide 58 Mike Speciale, 803 Stately Pines Road, New Bern, NC: Mr. Speciale stood beforet the Board 59 of Commissioners and read al letter and ai resolution affirming freedom ofs speech, provided from 60 Rick Hopkins, the Chairman oft the Craven County Republican Party. A copy oft the letter and 61 resolution were provided to the Mayor and each Commissioner and is also on file in the City  38  that hej pays his taxes and he "wants what is due tol him".  48 52  51 their subdivision.  56 the most up to date information on that parcel and the 18-wheeler parking.  57  62 Clerk's office. Thel letter and resolution read as follows:    BOARD OF COMMISSIONERS REGULAR MEETING MARCH25,2024 PAGE2  64  65 66 70  67 Jim Kohr, 331 Miller Boulevard, Havelock, NC: Mr. Kohr stood before the Board of 68 Commissioners this evening and first thanked the Public Works department for Cleaning the 71 Mr. Kohr then reminded the Board of Commissioners that their rights come from God and not 72 the Government. He encouraged all of them to reread the first amendment of the constitution. 73 He went on to say that each Commissioner took an Oath to uphold and protect the constitution. 74 He ended his comments tonight by saying he would like to see corrective action made this 77 Michele Leo, 200 Poplar Road, Havelock, NC: Ms. Leo stood before the Board of 78 Commissioners this evening (on behalf of] Maggie Pimentel) to ask for an update on the matter 79 that Ms. Maggie Pimentel and Ms. Lomas came to the Commissioners about last month, which 80 was the crack in Ms. Lomas' driveway. Mayor Lewis relayed that the crack in Mr. Lomas' 81 driveway was referenced in a google maps photograph prior to the contractor beginning the work in the neighborhood. Therefore, the contractor and NCDOT do not have any interest in repairing the driveway due to the age of the crack and the fact that it was cracked prior to the 84 project. The City Clerk relayed that she has reached out to Ms. Pimentel twice to relay the Jack Dunaway,116 S.] Forest Drive, Havelock, NC: Mr. Dunaway stood before the Board of 88 Commissioners this evening to thank the Public Utilities department for clearing out his backup 89 up sewer. His sewer has backed up three times in the past two weeks. He relayed that he's 90 called the City and each time, in less than two hours they have a crew to his house to fix the  69 sidewalks down Miller Boulevard.  75 evening on the City's Social Media policy.  76  message, but has not heard back from her.    BOARD OF COMMISSIONERS REGULAR: MEETING MARCH25,2024 PAGE3  91 problem. The Utilities Department is currently working with the camera to find out why this 92 problem keeps happening. He ended his comments by saying he is very appreciative of the  93 Public Utilities Department. 95 REGULAR. AGENDAITEMS  94 96 98 101  97 NCDEQ - DIVISION OF WATER INFRASTRUCTURE: GRANT OPPORTUNITY 99 Thel North Carolina Division of Water Infrastructure opened their Spring 2024 grant funding 102 Public Utilities Director Rick Day appeared before the Board of Commissioners and provided 103 ab briefing on the grant requirements and the City's eligibility. Overall, Staff sought the Board's 104 authorization to apply for this $3M grant for thej purpose ofe evaluation, design and construction 105 ofs sanitary sewer collection system improvements. Based on quotes received, Staff would like 106 to utilize the professional services of Rivers & Associates to prepare and submit the grant 109 A Commissioner's motion and a second was sought to authorize Stafft to execute aj professional 110 services agreement with Rivers & Associates to prepare and submit a grant application to the 111 Division of Water Infrastructure, at a cost not to exceed $5,500 utilizing the department's 114 With no discussion on the matter, Commissioner Kohr made a motion to authorize Staff to 115 executea professional services agreement with Rivers & Associates to prepare and submit 116 agrant application to the] Division of Water) infrastructure, at a cost not to exceed $5,500 117 utilizing the department's operating budget. Commissioner Cantey seconded and the motion  100 cycle, with an application submittal deadline of April 30,2024.  107 application at a cost of $5,500.  108  112 operating budget.  113  118 carried unanimously. (5-0) 120 MONTHLY FINANCIAL PRESENTATION 121 FEBRUARY 20241 REPORT  119 122  123 Finance Officer Kimberly Walters appeared before the Board of Commissioners' this evening to 124 present thel February 20241 monthly financial report. Thel Finance Officer as oft this writing does 125 not have any item on the watch list. The Board's questions and comments on the report were  126 solicited and welcomed.  127  128 *** This section intentionally lef blank to page 4***    BOARDOF COMMISSIONERS REGULAR: MEETING MARCH25,2024 PAGE4  CITY OF HAVELOCK BUDGETVERSUS. ACTUAL February: 2024 GENERALI FUND 93,750 450,000 191,500 282.416 1.,449.525 2.392.938 17,713,032 19.720 1.213.371 601.230 135,000 841.214 653.879 3,927. 952 120.918 3,736.86 129,400 2,600.580 829.517 1.205.000 414.518 17,713,032  Revenues Source Motor 2024 mment Revenues 1,982.838 ermit Fees Rents8 Concessions EMS Expenditures Departments overn Body Expenses Finances Revenue egal Planning Police Animal Control FireEMS Public Works  Actual .622.007 588,585 32,460 630,670 911,796 87.814 257.631 1.135.054 87.542 13,066,284 178,003 17,351 632,085 (110,853) 88,700 470,422 342,079 2.220,420 70,169 2,326,055 67,508 2,030,121 270,488 678,620 851,895 250,019 10,721,408  1.08% 34.62% 117.93% 86% 3.66% 73.77% 7.90% 52.00% 23.91% 65.71% 5.92% 2.32% 6.53% .03% 2.25% 0.61% 2.17% 8.06% 12.40%  129 130  131 Ms. Walters shared the sales tax is coming ins slower than anticipated andt the motor vehicle fee 132 is also coming in less than anticipated, however expenditures are ont track for the year.  CITY OF HAVELOCK BUDGET VERSUS ACTUAL February 2024 WATERI FUND 3,049,042 42.500 50,000 883.567 4,025,709 263826985 4,025,709  Revenues Source WaterR Revenue System the TotalRevenues Expenditures Departments  64.23% 0.00% 73.98% 210,44% 2.13% 54.53% 79.85% 68.78%  80,872 105.210 18,802 2,195,206 Actual 1.582,142 1.186.541 2,768,682 (573,476)  133 136  134 Ms. Walters explained that in the Water Fund, the revenues are a little behind, yet the  135 expenditures are on track for the year. 137 *** Thiss section intentionally lef blank to page. 5***    BOARD OF COMMISSIONERS REGULAR MEETING MARCH25,2024 PAGE5  CITY OF HAVELOCK BUDGET VERSUS ACTUAL February 2024 SEWER FUND Budget 6,301.238 33,250 18,000 2.008,845 7,451,333 4,621,181 2.830,152 7,451,333  Revenues Source Sewer Revenue System onnectFees Other TotalRevenues Expenditures Departments Plant Collection TotalExpenditures Excesso ofRevenues Over  Actual 3,471,577 16,804 23,474 56,010 14,150 3,582,093 3,254,730 2,010,000 5,264,740 (1,682,646) year.  64.30% 0.00% 70.80% 311.22% 0.70% 48.07% 71.02% 70.66%  138  139 Regarding the Sewer Fund, Ms. Walters shared that the revenues are a little behind, however  140 the expenditures are on track for the year.  CITY OF HAVELOCK BUDGET VERSUS ACTUAL February 2024 SOLID WASTE 1.328.887 1,328,887 1.328,887 1,328,887 some  Revenues Source SoidWasieRevenue TotalRevenues Expenditures Departments SolidV Waste TotalExpenditures Excesso ofRevenues Over (Undw)Expenditunes Actuale expensesi includee  020 149 1,201,149 (270,120)  0.30%  141 142  143 Ms. Walters relayed that the Solid Waste Fund is out performing and is on track to close out a  144 little ahead this year.  CITY OF HAVELOCK BUDGET VERSUS ACTUAL February 2024 STORMWATER Budget 210,000 210,000 Budget 210,000 210,000  Revenues Source Stormw Revenue TotalR Revenues Expenditures Departments tormwater TotalE Expenditures Excess ofRevenues Over Expenditures include  Actual 142.172 142,172 32.342 32,342 109,830  roentage 67.70% 67.70% Percentage 15.40% 15.40%  145  146 Concerning Stormwater, Ms. Walter relayed that this Fund continues to exceed all expectations.    BOARD OF COMMISSIONERS REGULAR MEETING MARCH25,2024 PAGE6  CITY OF HAVELOCK BUDGET VERSUS ACTUAL February 2024 TOURIST AND EVENT CENTER Budget 100,000 16,500 61,600 219.744 132.114 529,958 Budget 459.260 70.698 529,958  Revenues Source BuildingRent ABC Sales ExhibitRevenue Transferfr from GeneralFund Other TotalRevenues Expenditures Departments Center Exhibits Excess Actuale Prior Year Revenue: Source BuildingR Rent ABCS Sales ExhibitRevenue Transfert from GeneralFund Other TotalRevenues  Percentage 59.50% 65.91% 50.828 100.00% 101.80% 86.03% Peroentage 40% 46.61% 56.88%  69,500 0,875 219,744 134,488 455,915 32,952 154,469 February2 2023 ,393 12,984 33,941 27,408 130,726  Over includee  Budget 100.000 14.250 64.750 300.465 123.708 603,163  Peroentage 52.42% 0.00% 22.16% 21.67%  147 148 151 152 CLOSED SESSION 153 155 purpose: 156 157  149 Lastly, Ms. Walters relayed that the Tourist & Event Center Fund has seen an increase in  150 revenues and the expenditures is ont track for the year.  154 A Commissioner'si motion and a secondi is requested to go into closed session for the following 158 At thist time, Commissioner Lewis made a motion to goi into closed session for thef following 159 purpose: NCGS 143-318.11a)3- To consult with the City Attorney (Attorney-Client 160 Privilege). Commissioner Cantey seconded and the motion carried unanimously. (5-0) The  NCGS 143-318.11(a)(3): -To consult with City Attorney (Attorney-Client Privilege)  161 Board entered closed session at 7:33j p.m.  162 164 167 169 173 176 177 178 179 180  163 OPEN SESSION  165 Thel Board exited closed session at 8:01 p.m. Commissioner Kohr moved to go back into open 166 session. Commissioner Walshs seconded and the motion carried unanimously.(S-0)  168 DISCUSSION OFTHE CITY'S SOCIALMEDIA POLICY  170 At this time, Commissioner Kohr made a motion to create and add item 3A to the agenda: 171 Discussion ofthe City's Social) Media Policy. Commissioner Wilsons seconded andt the motion 174 Mayor Lewis reminded the Board that they have four (4) options regarding the City's Social  172 carried unanimously. (5-0)  175 Media (Facebook and Instagram) page. Those four options are:  Not! have a Social Media Continue as normal/open comments Turn off comments/no comments Delete comments at will    BOARD OF COMMISSIONERS REGULAR MEETING MARCH25,2024 PAGE7  181 Commissioner Kohr stated that in his opinion, "the most protective of thej people'sI rights would 182 be to allow for all comments, in all ways". He stated that he also understands that there are 183 concerns for that, however ift the option comes down to no comments whatsoever or allowing 184 all comments, he would prefer all comments altogether. Because he feels "that would allow a 185 more open forum." He went on to say that he understands that by his understanding of the law, 186 the Board can choose any oft the four (4) options but he encouraged his constituents choose one 187 ofthe two options that he supports and further stated that they should strongly consider the "all" 190 The first thing Mayor Lewis asked the Board to do was decide if they wanted the City to 191 continue tol have Social Media. The Board agreed to have City Social Media pages. Mayor 192 Lewis clarified to the Board that the City does have a Facebook and Instagram account. 194 Next, Mayor Lewis asked the Board to decide if they want to "allow all comments"; "no 195 comments"; or "delete comments at will". Itwas the general consensus ofthel Board to allow 196 all comments and not to block anyone without the explicit instruction from the City  188 option. 189 193  197 Attorney. 198 200 201 202 203 204 205 206 207 208 209 210 211  199 Thel Board gave the direction to Staffto:  1.Continue with the City's current Social Media. instruction from the City Attorney.  2. Do not delete any comments or block anyone from using it without the explicit 3. Staffwill bring back to the Board what the intent of the Social Media pages are, as well as making sure there is a formal document, with the policy, stating who has authority 4. Bring back to the Board, all documents at a future workshop, so the Board can discuss the merits of leaving on comments, or turning off comments entirely, and what that means, what the language would be associated with that, because that could very well  and who does not have authority regarding the Social Media pages.  change the intent language in the policy.  212 At this time, Commissioner Kohr stated that he was now advocating to remove the policy 213 altogether. Mayor Lewis reminded him that direction is policy and the Board just gave Staff 214 direction. Commissioner Kohr argued that the policy is illegal and he wanted it removed. 215 Mayor Lewis replied that it is not illegal and the City is not going to remove the policy just to 216 have to City Attorney write another policy later on, just to amend a few things. Doing so would 217 waste tax dollars. It is just like amending an Ordinance. The City, or the Board, does not 218 remove an Ordinance, just to amend it. Commissioner Kohr stated that he failed to see how it 221 After an extensive amount of discussion, Commissioner Kohr made a motion to give direction 222 to Staff to not delete anything off of Facebook or block any comments, until the Board 223 comes back to review the policy again,without review by the City Attorney,to review both 224 those two documents that the Board of Commissioners talked about earlier. There wasno  219 is different. 220  225 second and the motion failed. 227 CITY MANAGER'S! REPORT  226 228 231 232 233  229 Please find below brief selected report items that may be of interest. The City Manager is open 230 to provide further details or respond to questions that may arise from this meeting report. 234 During the recent Planning Retreat, the Board was briefed and approved a Memorandum of 235 Understanding between the City ofHavelock: and Craven County to continue a 50/50 cost share 236 partnership to enhance the recreational facilities at the recreation complex. Based on past 237 agreements, City Staff developed a project (rehab of dugouts) and drafted an agreement to 238 ensure the County'si individual share would not exceed $100,000. Since that time, the County 239 has relayed that their budget would only be able to support $70,000. As a result, the provided 240 MOUI has been revised to reflect this reduction. Official BOC action was required.  1. City/County Recreation Memorandum of Understanding  241    BOARD OF COMMISSIONERS REGULAR MEETING MARCH25, 2024 PAGE8  242 At this time, Commissioner Kohr made a motion to amend the MOU to reflect the revised 243 amount reduced down to $70,000.00. Commissioner Cantey seconded and the motion carried  244 unanimously. (5-0)  245 246 247  2. FY2024-25 Budget Process  248 Department Heads held their one-on-one meetings with the manager to review their FY 2024- 249 25 capital and personnel requests along with their routine operating line item requests. On 250 March 26-27, 2024, Staff will hold their budget lockdown meetings in order to balance the 253 On Monday, May 13, 2024, the Board will begin their work sessions regarding the proposed 254 budget, with an additional work session scheduled for Wednesday, May 15, 2023. The public 255 hearing is set for Monday, June 3, 2024. The Board will then have the opportunity to consider 256 any public comments at a June workshop. At the conclusion of the workshops, Staff will be 259 Ini relation tot the budget, the BOC needs to officially schedule a listening session. In reviewing 260 events and calendars, one option would be Tuesday, May 21, 2024 at 7:00 pm at the Tourist & 261 Event Center. Based on the topic, utilizing al larger venue such as the TEC, would be best. 263 At this time, Commissioner Cantey made a motion to schedule a Listening Session at the 264 Tourist & Event Center on' Tuesday, May 21,2024 at' 7:00 p.m., with the focus being on 265 theFY2024-251 budget. Commissioner Wilson seconded and the motion carried unanimously.  251 budget. 252  257 seeking the Board's adoption of the budget onl Monday, June 24, 2024.  258 262  266 (5-0) 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 294 296 298 300 for the Season. 301  3. Upcoming HoldyyfhemyCamfereacs  Good Friday Holiday: For public information purposes, City Offices will be closed on Friday, March 29, 2024 in observance of the Good Friday holiday. Normal business Volunteer Appreciation Dinner: The City of Havelock will host a Volunteer Appreciation Dinner tol honor our volunteers on Friday, April 26, 2024 at 5:30 p.m. at the Havelock Tourist & Event Center. If your schedule will permit, please join us in NCLM Annual Conference: Registrations andl hotel accommodations. have been made for the Board to attend the NCI League ofl Municipalities Annual Conference. The event will be held in Concord from April 23-25, 2024. A preliminary agenda is attached for Craven Community College Foundation Fabric Awards: The Craven Community College Foundation will hold their 14th Annual Fabric Awards on Tuesday, April 23, 2024 from noon to 1:30 p.m. at the Riverfront Convention Center of Craven County. This event showcases individual, business, and educational excellence in leadership as demonstrated! by outstanding initiative, impact of service, and inspiration of others. With the manager and a majority of the Board attending the NCLM Annual Conference, Commissioner Danny Walsh, ACM Cindy Morgan, TEC Sales Manager Pam Holder  hours and operations will resume on Monday, April 1,2024.  passing along our gratitude for their service.  general information.  and PIO Greta Meadows will attend on behalf of the City.  293 CITY ATTORNEYS REPORT 295 City Attorney Cliff Parson had no report. 297 COMMISSIONERS REPORTS/COMMENTS  299 Commissioner. Wilson reported this is Holy Week and encouraged all to remember the reason 302 Commissioner Lewis thanked all of the citizens for being in attendance this evening and for 303 their comments. She thanked the Staff for their hard work. She also stated that she is sorry    BOARD OF COMMISSIONERS REGULAR. MEETING MARCH25,2024 PAGE9  304 that she had to miss the Easter Egg hunt but heard that as always, it was well attended. She 307 Commissioner Kohr stated that he was not trying to beat a dead horse, however, he wanted to 308 know what was stopping thel Boardi from directing Staff on which way tos goi in regards tol leaving 309 all comments or shut down comments? Mayor Lewis replied "Nothing, maybe some 310 information", and reminded Commissioner Kohr that he made his point earlier that he wanted 311 to leave it open. Mayor Lewis stated that ifl he Commissioner Kohr wanted to deliberate that 312 again, rightr now, the Board certainly could. Commissioner Kohr stated thatl he wantedt the Board 313 to do SO. City Attorney Cliff Parson relayed that Staff was directed byt the Boardt to bring back 314 ai few different options for the Boardt to deliberate and discuss ata ai future workshop. 316 After considerable discussion, Commissioner Kohr asked the Board to decide this evening on 317 the matter. It was the general consensus of the remaining Board members to bring this  305 ended her comments by wishing everyone al Happy Easter.  306  315 319 321 323 326 328 332 334 337 339 341 342 Attest: 343 344 345 Mauyc. 346 Mary C. Weigl 347 City Clerk  318 matter back to: a workshop as earlier agreed to this evening. 320 Commissioner Kohr thanked the Staff for the work that they have done. 322 Commissioner Walsh asked everyone tos say aj prayer this Easter Season.  324 Commissioner Cantey thanked the Staff for hard work anda also thanked the citizens for coming  325 out tot the meeting and voicing their concerns. 327 MAYORI REPORT/COMMENTS  329 Mayor Lewis reported that the Easter Egg! hunt was a huge success this past weekend. He also 330 reminded everyone that the Salute to the Veterans event will be held at the Tourist & Event  331 Center on' Tuesday, May 14, hosted by the Chamber of Commerce.  333 ADIOURAMENTRECESS  335 With there being no other business to discuss, Commissioner Kohr moved to adjourn.  336 Commissioner Wilson seconded and the motion carried unanimously. (5-0)  338 The meeting ended at 8:46p p.m. 340 Date approved: pi022,2024  WeR William L. Lewis,) Jr., Mayor  wp