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[1. Meeting opened by Mayor Odham. Prayer Coordinated by Alderman Brinson. Pledge of Allegiance.]

[00:00:05]

GOOD EVENING EVERYONE, AND WELCOME TO THE APRIL 23RD, 2024 NEWBORN BOARD OF ALDERMAN MEETING.

THE PRAYER TONIGHT WILL BE COORDINATED BY ALDERMAN BRISSON.

UH, YES, MR. MAYOR.

I'D LIKE TO ASK, UH, BRYN HARMS TO COME UP.

HE'S A, UH, COMMUNITY LEADER AND MEMBER OF THE CHAMBER OF COMMERCE, A GOOD FRIEND OF MINE AND A FORMER PASTOR, AND HE'LL OFFER A PRAYER FOR US TONIGHT.

THANK YOU.

LET'S PRAY.

GOD, I PRAY ON BEHALF OF ALL GATHERED HERE THIS EVENING.

WE'RE THANKFUL FOR OUR ELECTED OFFICIALS, FOR BUSINESSES, CHURCHES, FAMILIES, AND INDIVIDUALS THAT MAKE THE CITY GREAT.

THANK YOU FOR YOUR HEALTH, FOR GROWTH, AND FOR THE OPPORTUNITY TO BE INVOLVED IN USEFUL WORK.

WE'RE INSTRUCTED TO PRAY FOR THOSE IN GOVERNING AUTHORITY SO WE CAN LIVE PEACEFUL AND QUIET LIVES MARKED WITH GODLINESS AND DIGNITY.

FOR THIS REASON, I LIFT UP THIS COUNCIL TONIGHT, ASK YOU TO GRANT WISDOM TO GOVERN DESPITE CONFLICTING ISSUES AND INTERESTS FOR THE AGENDA SET BEFORE THEM.

I PRAY THAT YOU GIVE THIS GROUP A SENSE OF WELFARE AND THE TRUE NEEDS OF THE PEOPLE THEY REPRESENT.

BOLSTER THEM WITH CONFIDENCE TO DO WHAT IS RIGHT AND FITTING.

GRANT THEM THE ABILITY TO WORK TOGETHER IN HARMONY, EVEN WHEN THERE IS HONEST DISAGREEMENT.

HELP THEM TO BE GOOD STEWARDS OF THE RESOURCES THEY MANAGE.

ON BEHALF OF THIS GREAT CITY.

WE ASK ALL THIS IN THE NAME OF OUR LORD JESUS CHRIST.

AMEN.

AMEN.

IF YOU'RE ABLE TO STAND, PLEASE DO SO AS WE PLEDGE THE LINK TO FLAG OF OUR COUNTRY.

I PLEDGE LEADERS TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT HANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

MADAM CLERK, IF YOU WOULD PLEASE CALL THE ROLL ALDERMAN PRILL.

HERE, ALDERMAN ROYAL.

HERE.

ALDERMAN ASTOR.

HERE.

MAYOR ODOM.

HERE.

ALDERMAN KENZIE.

HERE.

ALDERMAN BES.

PRESENT.

ALDERMAN BRUNSON.

HERE.

OKAY.

BOARD.

UH, HAS

[3. Approve Agenda.]

EVERYONE HAD AN OPPORTUNITY TO LOOK AT THE AGENDA? IF SO, I ENTERTAIN A MOTION TO APPROVE UNLESS THERE'S ANY CHANGES.

SO MOVED.

SECOND.

SECOND.

HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? HEARING NONE.

ALL THOSE IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? OKAY.

NEXT UP

[Consent Agenda]

IS THE CONSENT AGENDA ITEM NUMBER FOUR THROUGH SIX.

MAKE A MOTION TO ACCEPT THE A CONSENT AGENDA AS IS SECOND.

I HAVE A MOTION TO SECOND ANY FURTHER DISCUSSION.

HEARING NONE.

LET'S HAVE A ROLL CALL STARTING WITH ALDERMAN PRI.

ALDERMAN PRILL.

YES.

ALDERMAN ROYAL.

YES.

ALDERMAN ASTER.

YES.

AL MCKENZIE? YES.

AL VEST? YES.

REN BRUNSON.

YES.

MAYOR ODOM.

YES.

AN AGENDA CARRIES ITEM NUMBER SEVEN IS

[7. Conduct a Public Hearing and Consider Adopting an Ordinance to Rezone 624 Hancock Street and 413 Queen Street from C- 4 Commercial to C- 5A Commercial.]

CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING AN ORDINANCE TO REZONE 6 2 4 HANCOCK STREET AND 4 1 3 QUEEN STREET FROM C FOUR COMMERCIAL TO C FIVE, A COMMERCIAL MR. G, EVENING MAYOR AND THE BOARD OF ALDERMAN.

ITEM ON THE AGENDA TONIGHT IS THE REZONING OF 6 24 HANCOCK STREET AND FOUR 13 QUEEN STREET.

THE APPLICANT IS STEVEN LITE AND THE OWNER IS C-S-R-L-L-C.

UH, THE PROPERTY IS 6 24 HANCOCK STREET AND FOUR 13 QUEEN STREET ARE ALSO IDENTIFIED BY THE PARCEL IDENTIFICATION NUMBERS ON SCREEN.

THE TWO PROPERTIES TOTAL ABOUT 0.37 ACRES AND THE REQUEST IS TO TAKE IT FROM C FOUR TO C FIVE A.

THE VICINITY MAP SHOWS ITS LOCATION ADJACENT TO THE INTERSECTION OF HANCOCK STREET AND QUEEN STREET, AND THIS MAP SHOWS A HUNDRED FOOT BUFFER.

THAT A HUNDRED FOOT BUFFER IS, UH, INDICATIVE OF ALL THOSE PROPERTY OWNERS THAT ARE REQUIRED BY OUR ORDINANCE TO RECEIVE NOTICE OF THIS HEARING.

AND AS A SUMMARY FOR THE C FOUR COMMERCIAL ZONING DISTRICT, THIS, UH, THIS DISTRICT IS INTENDED TO PROVIDE NEIGHBORHOOD SERVICES, UH, SUCH AS RETAILING OF GOODS AND OTHER COMMERCIAL USES.

A SUMMARY OF THE C FIVE A ZONING DISTRICT.

THIS PRIMARILY, UH, APPLIES TO THOSE IN THE HISTORIC DISTRICT, WHICH THIS PROPERTY IS, UH, IT IS LIMITED TO MOSTLY OFFICE AND INSTITUTIONAL, BUT THERE ARE SOME LIMITED COMMERCIAL USES OF THOSE USES.

UH, A RESTAURANT NIGHTCLUB AND BAR IS ONE OF THOSE THAT ARE PERMITTED BY RIGHT AS SEEN ON THIS TO USE COMPARISON TABLE, SOME OF THE SIMILARITIES INCLUDED BOTH ALLOWING SINGLE FAMILY DETACHED RESIDENTIAL.

UH, YOU CAN SEE ADJACENT TO THE PROPERTIES THERE ARE HOMES.

UH, THERE ARE ALSO OTHER NON-RESIDENTIAL USES IN THE VICINITY.

UH, AS INDICATED BEFORE, ONE OF THE DIFFERENCES IS THAT ALTHOUGH BOTH ZONING DISTRICTS ALLOW FOR RESTAURANTS, BARS, AND NIGHTCLUBS, SOME DO NOT ALLOW, UH, FOR CONSUMPTION OUTSIDE.

THE C FOUR ZONING DISTRICT DOES NOT ALLOW FOR CONSUMPTION OF ALCOHOL

[00:05:01]

OUTSIDE, BUT THE C FIVE A ZONING DISTRICT DOES.

THE ZONING MAP SHOWS A MIX OF ZONING DISTRICTS.

THE, UH, SUBJECT PROPERTIES ARE OUTLINED IN RED.

THOSE ARE C FOUR AND TO THE SOUTH AND WEST.

THERE'S ALSO C FOUR PROPERTIES TO THE EAST, YOU'LL SEE R EIGHT ZONING DISTRICTS.

THOSE ARE RESIDENTIAL.

AND OFF TO THE RIGHT YOU'LL ALSO SEE A LITTLE BIT OF C FIVE.

THE FUTURE LAND USE CATEGORY FOR THIS IS IDENTIFIED AS DEVELOPED, UH, AND THAT'S SHOWN AS THE GRAY COLOR.

THIS CATEGORY PROVIDES, UH, A CONTINUATION OF INTENSITY DEVELOPMENT.

UH, YOU HAVE A MIX OF USES THAT ARE, UM, PROVIDED FOR INCLUDING HIGHER INTENSITY RESIDENTIAL USES, AS WELL AS A LOT OF COMMERCIAL.

UH, GENERALLY THE CHARACTER OF THIS AREA IS URBAN.

UH, AS MUCH OF DOWNTOWN COULD BE CONSIDERED AERIAL AIR IMAGERY SHOWS EXISTING CONDITIONS ON THE SITE.

UH, YOU'LL SEE THE PROPERTY TO THE RIGHT, UH, IS VACANT AS WELL AS A PORTION OF THE PROPERTY TO THE SOUTH OF THE BUILDING.

THAT ACTUALLY HAS CHANGED A LITTLE BIT, THAT HAS, UH, A PARKING LOT NOW, UH, TO THE SOUTH OF THIS BUILDING.

SOME CONSIDERATIONS FOR THIS PROPOSAL IS THAT ON THE MARCH 21ST, UH, MEETING, THE PLANNING AND ZONING BOARD RECOMMENDED DENIAL OF THE PROPOSED REZONING.

UH, THIS RECOMMENDATION WAS BASED ON IT BEING INCONSISTENT WITH EXISTING USES SUCH AS, UH, THE RESIDENTIAL USES OFF TO THE EAST.

PROPERTIES ADJACENT TO THIS PROPERTY INCLUDE THOSE THAT ARE ZONED, UH, I TWO AND R EIGHT, UH, AS WELL AS THE, UH, C FOUR ZONING DISTRICTS, AND I'D BE HAPPY TO ANSWER ANY QUESTIONS.

ANY QUESTIONS FOR STAFF? OKAY.

THANK YOU FOR THE PRESENTATION.

AT THIS POINT IN TIME, I WILL OPEN A PUBLIC HEARING IF ANYONE WOULD LIKE TO SPEAK FOR OR AGAINST, PLEASE COME TO THE MICROPHONE.

EVENING.

HI.

UM, SORRY.

I WROTE A LITTLE THING DOWN.

UM, MY NAME IS SHARON ROACH AND I AM THE STORE MANAGER AT DIVINE GRACE AND LACE BOUTIQUE.

AND I'M SPEAKING ON BEHALF OF THE OWNERS AND THE SILENT PARTNER, WHICH IS MICHELLE NOBLES AND MARY MCGEE.

WE'RE LOCATED AT SIX 19 HANCOCK STREET ON THE CORNER.

WE'RE LOCATED RIGHT ACROSS FROM THE APPENDIX.

UM, WE ARE IN FAVOR OF THE REZONING.

UM, WE FEEL THAT THE ADDITIONS THAT THEY ARE TRYING TO MAKE IN THAT AREA, AND I GUESS THE REASON WHY THEY WANT IT REZONED, UM, IS TO MAKE THESE ADDITIONS.

AND SO FAR WITH THEM BEING LOCATED ACROSS FROM OUR BRIDAL BOUTIQUE, UM, WE HAVE, UM, GROWN IN KNOWLEDGE AND PEOPLE HAVE FOUND OUR BUSINESS BECAUSE OF THEIR BUSINESS.

UM, I WORK AT THE STORE ON A DAILY BASIS AND I KNOW THAT THERE IS A TON OF FOOT TRAFFIC THERE, UM, THAT THEY ARE TRYING TO ACCOMMODATE.

UM, I'VE ALSO WORKED AT THE CHAMBER OF COMMERCE AND AT THE VISITOR CENTER, SO I KNOW ABOUT, UM, THRIVING BUSINESSES, SMALL BUSINESSES, AND OUR VISITATION.

AND THAT'S ONE OF THE THINGS THAT WE BOAST AND BOOST ABOUT NEW BERN IS THAT WE, WE, UM, HAVE THRIVING SMALL BUSINESSES AND THAT'S WHAT THEIR BUSINESS IS AND THAT'S WHAT WE ARE.

AND SO WE WOULD HOPE THAT THE REZONING COULD HAPPEN TO HELP AID IN SMALL BUSINESS THAT IS TRYING TO BRING SOMETHING THRIVING AND NEW TO THE DOWNTOWN AREA, EVEN THOUGH SOME PEOPLE CONSIDER US RIGHT ON THE OUTSKIRTS.

I CONSIDER US IN DOWNTOWN NEW BERN.

UM, AND SO WE FEEL LIKE THAT IMPACT WOULD BE GREAT FOR THEIR BUSINESS AND OURS AS WELL.

AND SO THANK YOU.

THANK YOU.

MY NAME'S SAN PAUS AND I'M, UH, AT FOUR 11 QUEEN STREET.

UH, THE OWNER THERE OF THAT HOME, UH, WE OPPOSE.

I, MY WIFE AND I, WE OPPOSE IT.

I'M A SMALL BUSINESS OWNER.

I HAVE TWO BUSINESSES IN TOWN.

UH, MY BIGGEST PROBLEM WITH EVERYTHING IS, YOU KNOW, RIGHT NOW IT'S CURRENTLY LEASED IN ONE SECTION.

WHAT HAPPENS TO THE WHOLE BUILDING? UH, IF THE WHOLE BUILDING COMES LEASED AND BECOMES A, A RESTAURANT BAR, UH, THE PARKING SITUATION THAT WAS JUST ADDED, EVERYTHING SEEMS TO BE HAPPENING AFTER THE FACT.

I DON'T UNDERSTAND, AND I'M NEW TO THIS, I'M NEW TO THE AREA.

I'VE BEEN HERE THREE YEARS.

WHAT I DON'T UNDERSTAND IS HOW A BUSINESS CAN GO FOR THE REZONING AND NOT THE BUILDING OWNER GOING FOR THE REZONING.

AND THE FACT, WHAT HAPPENS THEN? UH, IF A DIFFERENT BUSINESS GOES IN, DOES IT JUST STAY? DO THEY HAVE TO, DO THEY HAVE TO CHANGE IT? UH, THAT'S OUR BIGGEST THING.

PARKING IS, I KNOW THEY ADDED SPACES.

IT'S STILL A DISASTER.

THE TRAFFIC IS A DISASTER.

UH, IT IS DIFFICULT TO GET IN AND OUT OF OUR HOME.

UM, AND I'VE SAID IT FROM DAY ONE, I DON'T UNDERSTAND HOW WE, IS THERE A SPECIAL USE? WHAT HAPPENS TO THE EXPANSION? WHAT HAPPENS

[00:10:01]

IF THEY INCREASE FROM 50 SEAT RESTAURANT TO A HUNDRED SEAT RESTAURANT? WHERE'S THE PARKING? WHERE'S THE TRAFFIC? IS A LIGHT GONNA HAPPEN THERE? UH, UH, IS THERE A TRAFFIC STUDY? IS THERE ANYTHING, UH, THAT GOES ON, UH, TO HELP US LOCALS THAT LIVE THERE? UM, SO YET ALONE, WE'LL GET INTO NOISE AND STUFF LIKE THAT LATER, BUT MY BIGGEST CONCERN IS WHAT HAP WHAT IS THE, WHAT IF, IF THIS GETS APPROVED, WHAT HAPPENS TO, BECAUSE RIGHT NOW IT COULD BE C FOUR, IT COULD BE A MEDICAL PLACE RIGHT NEXT DOOR, AND IF WE'RE GONNA HAVE OUTDOOR SEATING AND WHATEVER HAPPENS IN DRINKING, WHAT'S THE SITUATION? THANK YOU.

COULD UM, COULD THE ATTORNEY, COULD THE, EXCUSE ME, COULD THE ATTORNEY PROVIDE SOME CLARIFICATION ON THE ACTUAL ASPECT OF WHO CAN ASK FOR THE REZONING? YES, SIR.

THE APPLICANT IS NOTED BY STAFF IS A PROPRIETOR.

HOWEVER, THEY CAN ONLY APPLY FOR A REZONING WITH THE CONSENT OF THE PROPERTY OWNER.

OKAY.

THANK YOU.

GOOD EVENING.

HELLO.

GOOD EVENING EVERYONE.

I'M LEANNE MCCABE AND I LIVE ON 7 0 9 CRAVEN, DIRECTLY BEHIND THE PENNIX, THE OPPOSITE SIDE OF THE BLOCK, BUT PRETTY MUCH IN THE LINE.

UM, I LOVE MY BACKYARD, I LOVE MY PORCH.

I'M OUT THERE A LOT AND I'M JUST VERY CONCERNED ABOUT SOMEONE WHO DOESN'T LIVE IN THE NEIGHBORHOOD COMING IN, RENTING A SPACE AND CHANGING MY WHOLE YARD WITH NOISE.

AND THAT'S ALL I HAVE TO SAY.

I'M CONCERNED ABOUT THE NOISE.

THANK YOU.

THANK YOU.

THANK YOU.

MY NAME IS MIKA BUFFINGTON.

I HAVE LIVED ON EAST FRONT STREET SINCE MOVING DOWN FROM DC FOR 15 YEARS.

I DO, UH, CONTRACTING.

I'VE WORKED FOR THE PREVIOUS OWNER, NANCY HOLLOW, UM, IN THE OLD PENNIX.

NOW, ONE THING I WAS EXCITED ABOUT COMING TO NEW BERN AT THAT PERIOD OF TIME WAS THE DEVELOPMENT OF THE TRAIN STATION.

WE WANTED TO MAKE THAT SOMEWHAT OF A COMMERCIAL STOP TO PROMOTE NEW BERN.

WE NOW HAVE SOMETHING AT THAT INTERSECTION WITH PENNIX, THE OTHER THREE BUS BUSINESSES, THE BUSINESS ACROSS THE STREET.

THERE'S ACTUALLY COMMERCE HAPPENING IN THAT SECTION IN NEWBURN WHERE THERE WAS NOTHING.

NOW, I DO UNDERSTAND SOME OF THE CONCERNS FROM THE RESIDENTS, BUT WE ALREADY HAVE ORDINANCES IN PLACE FOR SOUND AND EVERYTHING ELSE.

THE PARKING IN THAT SECTION IS PLENTIFUL, WHETHER IT'S THE FAR SIDE OF HANCOCK ALONG THE TRAIN STATION HANCOCK, GOING BACK QUEEN STREET BOTH WAYS.

IT'S CITY PARKING.

YOU HAVE SOMEBODY AND, AND I'VE HAD IT HAPPEN ON EAST FRONT STREET DURING EVENTS THAT ARE HAPPENING AT ALL OVER DOWNTOWN WHERE PEOPLE ARE BLOCKED OFF OR PARADES AND STUFF THAT YOU DON'T BLOCK MY DRIVEWAY.

THESE THINGS HAPPEN.

I DO NOT SEE CURTAILING THE COMMERCE THAT COULD HAPPEN IN THIS CITY.

I OVER SMALL COMPLAINTS MEAN THE ORDINANCES ARE ALREADY THERE, THE ZONING IS THERE, AND THAT'S ALL I HAVE TO SAY.

THANK YOU.

THANK YOU.

MY NAME IS BEN PARRISH.

I LIVE ON CHAIN STREET, BUT I'M A MEMBER OF THE BOARD OF DIRECTORS FOR THE BISHOP MEMORIAL HOME, WHICH IS A MORAL HOME, WHICH, UH, HAS 23 APARTMENTS FOR ELDERLY LADIES.

THE YOUNGEST PERSON LIVING THERE IS 80 YEARS OLD, AND IT'S, UM, MANAGED BY MEMBERS OF CHRIST EPI CHURCH AND ONE PRESBYTERIAN CHURCH.

AND THE BISHOP MEMORIAL HOME PROPERTY JOINS THIS PROPERTY AND I'M CONCERNED ABOUT THE NOISE LEVEL, HOW

[00:15:01]

IT CAN BE IF YOU HAVE OUTSIDE DINING BECAUSE THE PARKING LOT FOR THE BISHOP MEMORIAL HOME IS NEXT DOOR TO THIS PROPERTY.

SO OUR CONCERN IS FOR THE S OF THE BISHOP MEMORIAL HOME AND THEIR QUALITY OF LIFE.

THANK YOU.

THANK YOU.

I'M CRAIG TOKI.

I LIVE AT 4 0 9 QUEEN STREET, TWO DOORS DOWN, AND I'M CONCERNED ABOUT THE PARKING.

IF THEY PUT MORE SEATING THERE.

I CAN'T, I CAN'T MOVE MY CAR IN FRONT OF MY HOUSE AND COME BACK AND HAVE A PLACE TO PARK.

I HAVE TO DRIVE AROUND AND FIND A PLACE, AND I THINK THE GREEN AREA THEY HAVE IN THE PARKING LOT SHOULD BE TURNED INTO PARKING, NOT A PLACE FOR PEOPLE TO DRINK.

THANK YOU.

THANK YOU.

GOOD EVENING.

UH, DEREK, STEP FOUR 18 JOHNSON STREET.

UM, THANKS FOR HAVING THIS THIS EVENING.

I JUST WANT TO SAY THAT I FULLY BELIEVE THAT WHAT THEY'RE ASKING FOR IS NOT THAT BIG OF A STRETCH FROM WHAT ALREADY TAKES PLACE IN THE 1, 200, 300 BLOCKS OF MIDDLE AND CRAVEN STREET.

UM, YOU KNOW, I'M NOT SURE HOW MANY OF FOLKS HERE ON THE BOARD HAVE FREQUENTED THE OLD PENNIX, BUT IT'S NOT, IT'S VERY MUCH SO A QUOTE UNQUOTE WINE AND CHEESE CROWD, SO TO SPEAK.

IT'S NOT A BEER SWILLING, YOU KNOW, CHICKEN WING ESQUE KIND OF FRIED FOOD EVENT.

AND I FEEL THAT, YOU KNOW, IF THERE WAS A NOISE ISSUE, DIFFERENT STORY, BUT THE FOLKS THAT COME AND ATTEND THE OLD PENNIX OF THE TIMES THAT I'VE BEEN THERE IS A VERY CALM CROWD.

AND THE ABILITY JUST TO BE ABLE TO SIT OUTSIDE SOUNDS SOMETHING LIKE EVERYONE HAS KIND OF GOTTEN USED TO OVER THE YEARS FROM DEALING WITH COVID AND BEING STUCK INSIDE AND JUST HAVING THAT OPPORTUNITY TO BE OUTSIDE WITH YOUR FRIENDS AND FAMILY AND NOT CREATING SOME SORT OF LIKE LOUD EVENT, WHICH I DON'T BELIEVE THAT THEY'RE ASKING FOR.

JUST THE ABILITY TO SIT OUT FRONT, JUST LIKE ALL THE FOLKS THAT ARE ON THE BLOCKS OF CRAVEN AND MIDDLE STREET THAT HAVE RESIDENTIAL, UM, LIVING SPACES MUCH CLOSER THAN THE ONE RESIDENTIAL SPACE IN QUESTION.

SO THANK YOU FOR HAVING THIS THIS EVENING.

THANK YOU.

HELLO.

THANK YOU FOR LISTENING TO THE PUBLIC SPEAK.

I'VE WRITTEN A LETTER THAT I'D LIKE TO READ.

MY NAME IS HEATHER BUN.

I LIVE AND WORK HERE IN NEW BERN WHERE MY FAMILY HAS ALSO LIVED AND WORKED FOR GENERATIONS.

MY BACKGROUND IS IN FIVE STAR SPA SERVICE AND I'VE WORKED IN THE SPA INDUSTRY FOR 20 YEARS.

I OPENED MY DAY SPA IN 2021 AND MOVED IT BACK TO NEW BERN WHERE MY PARENTS LIVE NOW BECAUSE I LOVE NEW BERN, I'M THE SOLE OWNER OF UPLEVEL BODY WORK AND I DO ALL OF THE SPA SERVICES.

I HAVE NO OTHER EMPLOYEES.

LAST SUMMER, I BEGAN SEARCHING FOR A NEW LOCATION WHERE THE NEIGHBORHOOD WOULD BE QUIETER AND MORE COMPATIBLE FOR SPA SERVICES AND YOGA CLASSES.

AFTER LOOKING FOR SEVERAL MONTHS AND CONSIDERING CLOSE TO 40 POSSIBLE LOCATIONS, I CHOSE TO SIGN A THREE YEAR LEASE WITH CLAYTON ROGERS FOR MY CURRENT SPA LOCATION AT 6 26 HANCOCK STREET.

MY SPA IS THE MIDDLE STOREFRONT IN BETWEEN THE BAR CALLED THE OLD PENNIX, A NEW BEGINNINGS CHRISTIAN MINISTRY, WHICH IS A CHURCH THAT WAS A MAJOR PERSONAL BUSINESS AND FINANCIAL COMMITMENT FOR ME.

WHILE I KNOW YOU CANNOT ADDRESS THIS ISSUE, I WANT YOU ALL TO KNOW THAT MR. ROGERS SPECIFICALLY TOLD BOTH ME AND MY MOTHER THAT THE EMPTY SPACE RIGHT NEXT TO MY BUSINESS, WHICH IS NOW THE BAR WOULD NOT BE LEASED TO A BAR.

I'VE LEARNED THE HARD WAY THAT WITH MR. ROGERS, IF IT IS NOT SPELLED OUT IN LEGAL WRITING, HIS WORD MEANS NOTHING.

THIS IS NOT CONSISTENT WITH THE REPRESENTATION MR. ROGERS MADE IN PARAGRAPH EIGHT OF MY LEASE.

LANDLORD DOES NOT REPRESENT THAT HE HAS NO CONTRACTUAL OBLIGATIONS WITH OTHER PARTIES, WHICH WILL MATERIALLY INTERFERE WITH OR PROHIBIT THE PERMITTED USE OF THE TENANT AT THE PREMISES.

THE LOUD MUSIC AND NOISE ALSO VIOLATE MY COVENANT OF QUIET ENJOYMENT STATED IN MY LEASE.

I RELIED ON MR. ROGERS' REPRESENTATION WHEN DECIDING TO ENTER INTO MY LEASE AND WITH THE HELP OF MY FAMILY SPENDING THOUSANDS OF DOLLARS RENOVATING HIS BUILDING, WHICH WAS IN BAD SHAPE WHEN I GOT IT IN PARAGRAPH EIGHT OF MY LEASE.

MY PERMITTED USE SHALL BE SPA SERVICES.

MR. ROGERS ALSO KNEW THAT I WAS WANTING TO PUT IN A YOGA STUDIO.

AS A RESULT, ANYONE AT MY SPA

[00:20:01]

HAS TO DEAL WITH LOUD MUSIC, PARKING ISSUES AND CIGARETTE SMOKE OFTEN BLOWING IN MY FRONT DOOR.

THE BAR HAS MADE MY SPA NOT AS CONDUCIVE TO SPA SERVICES OR AROMATHERAPY.

I HAVE NOT TAUGHT ANY YOGA CLASSES HERE.

I'VE DOCUMENTED CLIENT COMPLAINTS AND HAVE HAD TO DISCOUNT SPA SERVICES DUE TO THE LOUD NOISE OF THE BAR AND CIGARETTE SMOKE, WHICH HAS BECOME A COMMON NUISANCE.

ALTHOUGH SMOKING IS LEGAL, I NEVER HAD ANY ISSUES WITH CIGARETTE SMOKE BEFORE THE BAR MOVED IN NEXT DOOR.

MY CLIENTS HAD RIGHTLY COME TO EXPECT A QUIET, RELAXING ATMOSPHERE IN WHICH I COULD HELP THEM WIND DOWN FROM THEIR BUSY DAY FEEL POSITIVE AND RELAXED.

WHERE MY SPA BUSINESS IS LOCATED IN BETWEEN THE CHURCH AND THE BAR, IT IS NOT COMPATIBLE WITH ENLARGED OUTDOOR TABLES BAR, WHICH WILL BRING IN MORE NOISE, MORE PEOPLE, AND MORE PARKING SPACE.

CONFLICTS ALL SANDWICHED BETWEEN RESIDENTIAL HOMES AND RAILROAD TRACKS, ALLOWING THE BAR TO BLOCK OFF OUR QUEEN STREET ACCESS WILL CAUSE MORE PARKING PROBLEMS FOR THE WHOLE NEIGHBORHOOD.

RIGHT NOW THERE IS A PARKING PARKING LOT ENTRANCE AT HANCOCK STREET, WHICH OFTEN BECOMES BLOCKED BY THE TRAIN AND WHEN THAT HAPPENS, THE ONLY OTHER EXIT IS BEHIND THE BAR.

AT QUEEN STREET, IT MIGHT BE A PUBLIC SAFETY ISSUE.

IF PARAMEDICS AND FIRE TRUCKS CANNOT ACCESS ALL PARTS OF THE BUILDING AS EASILY, PEOPLE WHO HAVE HAD ENOUGH ALCOHOL TO DRINK WILL BE TRAPPED AT THE BAR FOR LONGER, POSSIBLY CAUSING MORE DUIS.

THE BAR CRAWLS AT THE BAR NEXT DOOR HAVE NINE BARS THE PARTICIPANT DRINK IN AT THEIR EVENTS UNLIMITED FOOD.

THE CURRENT REZONING REQUEST IF APPROVED, WILL SIGNIFICANTLY WILL SIGNIFICANTLY CHANGE THIS NEIGHBORHOOD AREA FOR THE WORSE RELATIVE TO THE MANY HOMEOWNERS AND BUSINESS OWNERS WHO HAVE RELIED ON THIS AS A QUIET AREA WITH LOW IMPACT BUSINESS USES, THE PARKING SPOTS UP FRONT ARE VERY NARROW.

THREE PEOPLE CAN TAKE UP FOUR SPACES FREQUENTLY.

ALSO, MY DESIGNATED PARKING SPOTS ARE CONSTANTLY GETTING STOLEN BY CUSTOMERS OF THE BAR.

THE TRAIN CAN TRAP MY CLIENTS AND MYSELF IN FOR A VERY LONG TIME STOPPING AND SOMETIMES JUST GOING BACK AND FORTH, WHICH MAKES PEOPLE VERY ANXIOUS TO LEAVE AFTER THEIR SPA SERVICES.

WHEN I ASK THE PEOPLE WHO OWNED THE BRIDAL SHOP AND THE CHURCH BOTH TOLD ME THEY HAD NO IDEA ABOUT THIS REZONING REQUEST, THE CHURCH IS LESS THAN 50 FEET FROM THE BAR, AND THIS REQUEST COULD NEGATIVELY IMPACT THE WORSHIP SERVICES AND SINGING HAPPENING THERE.

IT COULD ALSO NEGATIVELY IMPACT THE BRIDAL SHOP AND THE BISHOP HOME BEHIND US ADJACENT TO THE PARKING LOT AS WELL AS THE NEIGHBORS IN THEIR HOMES.

WHILE I KNOW THE BOARD CANNOT ADDRESS ISSUES BETWEEN LANDLORDS AND TENANTS, THIS IS RELEVANT BECAUSE I'VE TRIED TO PEACEFULLY HANDLE CLIENT COMPLAINTS WITHOUT CAUSING A SCENE WITH ANY CUSTOMERS, THE BAR COULD POTENTIALLY PUT ME OUT OF BUSINESS.

I CONTACTED STEVE LITE OWNER OF THE BAR ABOUT THE NOISE AND CIGARETTE SMOKE.

IT TOOK HIM ALMOST A WEEK TO GET BACK TO ME.

HE SAID THAT HE HAD TO KEEP SMOKERS OUT IN FRONT OF HIS GLASS WINDOWS TO MAKE SURE HE COULD SEE THAT NO ONE HAD DRINKS OUTSIDE AND HE WAS APPLYING FOR HIS SPECIAL USE PERMIT.

SMOKE HAS BEEN BLOWING INTO MY FRONT DOOR EVER SINCE.

HE SAID THAT IN JANUARY, I ONCE TEXTED MY LANDLORD AND HIS DAUGHTER, THE BUILDING'S REALTOR, JESSICA CONARD, ABOUT THE NOISY BAR MUSIC.

MY LANDLORD SHOWED UP UNANNOUNCED AT MY FRONT DOOR AND PUBLICLY BULLIED ME IN FRONT OF CUSTOMERS SAYING THAT I SHOULD MOVE TO AN ISLAND BECAUSE I HAVE TENDER EARS.

IT APPEARED THAT I WAS BEING FILMED ON SOMEONE'S PHONE FROM THE BAR.

ALDERMAN RICK P PRILL SENT POLICE TO SPEAK WITH BOTH BUSINESSES.

THE POLICE SAID I COULD NOT GET THAT VIDEOTAPE ON THE BAR CUSTOMER'S PHONE BECAUSE IT'S A PUBLIC SIDEWALK AND PEOPLE CAN FILM WHATEVER THEY WANT.

I ASKED THE LANDLORD'S DAUGHTER JESSICA CONARD FOR ASSISTANCE WITH MY CLIENT COMPLAINTS, AND SHE TOLD ME IF A CLIENT COMPLAINS TOO MUCH ABOUT THE CIGARETTE SMOKE OR NOISE COMING FROM THE BAR, THEY SHOULD BE DROPPED AS A CLIENT.

SHE THEN ASKED ME FOR A BUYOUT FIGURE TO LET THE BAR TAKE OVER MY LEASE.

THE LANDLORD, CLAYTON ROGERS HAD BEEN TALKING TO THE BAR ABOUT RENTING MY SPA TO THEM WITHOUT MY KNOWING.

WHEN I MET WITH REALTORS, CONTRACTORS AND CAME UP WITH A BUYOUT FIGURE TO PRESENT TO HER, I WAS OFFERED NO MONEY BY ANYONE TO COVER ANY INVESTMENTS I HAD MADE.

MR. ROGERS

[00:25:01]

HAD ALSO LEFT THE COUNTRY WITHOUT ACCESS TO HIS PHONE OR VOICEMAILS.

SHE TOLD ME WHEN SHE WAS FINALLY AUTHORIZED TO NEGOTIATE ON HIS BEHALF, I DECIDED NOT TO BREAK MY LEASE EARLY AND GIVE IT TO THE BAR, BUT THE BAR OWNER STEVE L, THOUGHT I WAS GOING TO LEAVE ANYWAY FOR $0 AND SAID IN AN EMAIL, SORRY TO SEE YOU GO, IT IS BAD FOR MY BUSINESS TO HAVE THE BAR TELLING MY CLIENTS THAT I'M LEAVING.

I ASKED JESSICA FOR ALL THE BAR OWNERS CONTACT INFORMATION AND SHE WOULD NOT GIVE IT TO ME BECAUSE SHE SAID SHE DOES NOT REPRESENT ME.

IN SUMMARY, MY LANDLORD, HIS DAUGHTER, THE BUILDING'S REALTOR AND THE BAR HAVE BEEN UNCOOPERATIVE IN HANDLING ANY OF MY LEGITIMATE CLIENT COMPLAINTS.

I DO NOT CONDONE PUBLIC BULLYING OF ANY KIND AND SHOULD NEVER HAVE TO DEAL WITH IT AT THE FRONT DOOR OF MY SPA.

THE FURTHER EXPANSION OF THEIR BAR OUTSIDE COULD CAUSE MANY MORE COMPLAINTS LIKE THIS THAT I HAVE NO SUPPORT FROM THE LANDLORD, THE REALTOR, OR THE BAR TO DEAL WITH.

MY YOGA STUDIO IS NOT BEING USED CURRENTLY.

IT IS TOO LOUD AND SMOKY FROM THE BAR.

NOT ONLY DO I HAVE AIR POLLUTION FROM THE FRONT DOOR OF MY BAR OR FROM THE FRONT DOOR OF THE BAR, BUT ALSO FROM THE BACK DOOR.

THEY HAVE STINKING TRASH CANS ALL AROUND MY BACK DOOR, AND I CANNOT OPEN MY BACK DOOR WITHOUT SMELLING ALL OF THEIR TRASH.

THIS ALSO CREATES A RODENT ISSUE FOR MY BACK DOOR.

AS I CAN SEE TWO RAT TRAPS RIGHT OUTSIDE MY BACK DOOR.

I DON'T USE THE OUTDOOR TRASH CANS.

I TAKE MY OWN TRASH HOME EACH NIGHT.

PHOTOS ARE ENCLOSED AS WELL AS PHOTOS.

THE OF THE OTHER ISSUES I'M DESCRIBING IN THIS LETTER, WHEN I FIRST MOVED IN, NONE OF THE BLACK FENCING WAS INSTALLED.

IT WAS A GORGEOUS GRASSY FIELD IN THE BACK OF MY SPA.

NOW IT IS ALL FENCED IN WITH A LOCK AND GRAVEL EVERYWHERE.

ALSO SO MUCH MORE FULL OF CARS.

I AM STILL OFFERING AROMATHERAPY AND SPA SERVICES.

BEFORE THE BAR MOVED IN, I HAD CREATED THE PERFECT STORE FRONT STOREFRONT WITH HUGE SIGNS, NEW PLUMBING, ELECTRIC WIRING, PAINTING, AND CUSTOM CEILING INSTALLATIONS FOR MY SPA SERVICES.

I WISH YOU COULD HAVE SEEN THE BEFORE AND AFTER.

IT WAS QUITE A TRANSFORMATION.

I HAD A LANDLORD WHO AT THE TIME ASSURED ME HE WOULD NOT BE RENTING TO A BAR.

MY MOTHER AND I BELIEVED HIM.

IF I HAD KNOWN HE WOULD'VE LATER GO BACK ON HIS WORD, I WOULD'VE NEVER SIGNED A THREE YEAR LEASE AT 6 26 HANCOCK STREET.

I'VE NEVER WRITTEN A LETTER LIKE THIS AND I HOPE THAT I NEVER HAVE TO AGAIN.

I STILL HAVE TO DEAL WITH AN ANGRY LANDLORD AND NEIGHBORING BAR OWNERS.

FOR THE REMAINDER OF MY LEASE, I'VE HAD TO HIRE AN ATTORNEY TO DEFEND MYSELF AGAINST CLAYTON ROGERS, AND IN ONE OF HIS REPLIES TO MY ATTORNEY, CLAYTON STATED THAT I AM NO LONGER ALLOWED MYSELF TO DRIVE BEHIND THE BAR AND EXIT ON QUEEN STREET WHEN THE TRAIN COMES.

THIS PRESENTS A SAFETY ISSUE FOR ME AND IS VERY INCONVENIENT BECAUSE THE REST OF THE PUBLIC IS CURRENTLY DRIVING OUT THAT WAY, AS I'M SURE HE CAN SEE IN HIS CAMERAS.

SINCE HE WATCHES SO OFTEN.

I ASKED ONE OF THE BAR OWNERS, NATASHA STALNAKER, WHEN SHE STOPPED BY MY SPA, IF ANY OF THE BAR OWNERS HAD A PROBLEM WITH ME DRIVING BEHIND HER BAR OR IF IT WAS JUST THE LANDLORD THAT HAD A PROBLEM WITH IT, AND SHE SAID SHE WOULD ASK THE OTHER OWNERS, BUT SHE DID NOT EVER GET BACK TO ME ABOUT THAT.

I'VE BEEN TOLD THAT SMALL BUSINESSES LIKE MINE WHO CANNOT AFFORD TO OWN THEIR PROPERTY AND HAVE TO LEASE FROM OTHER PROPERTY OWNERS HAVE NO RIGHTS.

EVEN THOUGH THEIR BUSINESSES ARE OFTEN THE LIFEBLOOD OF NEW BERN, I CANNOT BELIEVE THAT EVEN A CHURCH WOULD NOT BE NOTIFIED ABOUT THIS ZONING REQUEST.

I HOPE THAT PEOPLE CAN COME TO RECOGNIZE THAT ALL THE BUSINESSES AROUND THE BAR RIGHT NOW, LIKE MY DAY SPA, UPLEVEL BODY WORK, THE CHURCH, THE BRIDAL SHOP ACROSS THE STREET, ARE ALL VALUABLE, THAT WE CAN BE TREATED FAIRLY, HAVE OUR HARD WORK RECOGNIZED.

WE ARE AS VALUABLE TO NEW BERN AS ANYONE ELSE WHO WANTS TO EXPAND THEIR BUSINESS IN WAYS THAT WILL FUNDAMENTALLY CHANGE THE CHARACTER OF OUR NEIGHBORHOOD.

THANK YOU VERY MUCH FOR CONSIDERING MY COMMENTS AND CONCERNS.

IF ANY OF YOU HAVE ANY QUESTIONS FOR ME, I WILL DO MY BEST TO ANSWER THEM.

ENCLOSED ARE SOME PHOTOS SINCERELY, HEATHER BUN, OWNER OF UPLEVEL BODY WORK.

THANK YOU.

YOU'RE WELCOME.

MR. MAY AND ALDERMAN,

[00:30:01]

THANK YOU FOR THE OPPORTUNITY TO EXPRESS MY CONCERNS ABOUT THE REQUEST MADE BY THE OWNERS OF OLD PENNIX CAFE EATERY BAR, AND THE OWNER OF THE PROPERTY AT 6 28 HANCOCK STREET TO REZONE THE PROPERTY IN THAT RESIDENTIAL AREA.

MY NAME IS BEN BOND AND I LIVE IN HISTORIC DOWNTOWN AREA OF NEW BERN.

I FIRST CAME TO NEW BERN 66 YEARS AGO AS A YOUNG BOY.

I HAVE LIVED IN THE HISTORIC DOWNTOWN DISTRICT OF NEW BERN FOR THE PAST 35 YEARS.

I HAVE HEARD MANY IDEAS EXPRESSED AND PROPOSALS MADE AND SEEN MANY CHANGES OCCUR IN NEWBURN DURING THAT TIME.

SOME GOOD FOR THE CITY AND SOME NOT SO GOOD.

THE PROPOSAL TO CHANGE THE CURRENT ZONING BEFORE YOU NOW, I WOULD CATEGORIZE AS NOT SO GOOD FOR THE CITY AND THOSE RESIDENTS LIVING IN THE AREA AFFECTED BY THE PROPOSED ZONING CHANGE.

THE LOCATION OF THE PROPERTY BEING LEASED BY THE OLD PENNIX CAFE EATERY BAR IS AT THE CORNER OF QUEEN STREET AND HANCOCK STREET AND IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD THAT HAS BEEN THERE FOR WELL OVER 100 YEARS.

THE PROPERTY LINES RUN ADJACENT TO HOMES AND RESIDENCES OF SENIOR CITIZENS OF THE BISHOP HOME ON THE SOUTH SIDE OF THE PROPERTY ON HANCOCK STREET AND PRIVATE HOMES ON THE EAST SIDE ON ALONG QUEEN STREET.

THE PEACE AND TRANQUILITY ENJOYED BY THESE RESIDENTS IN THIS NEIGHBORHOOD WOULD BE NEGATIVELY IMPACTED BY THE REZONING OF THIS AREA AND SUBSEQUENT EXPANSION OF THE OLD PENNIX BAR SERVICE INTO THE BACK PARKING LOT THAT ADJOINS THE PROPERTY OF THE RESIDENTS LIVING TO THE SOUTH AND EAST OF THE PARKING LOT.

THE SUBSEQUENT REDUCTION IN AVAILABLE PARKING SPACES IN THE PARKING LOT BEHIND THE BUILDING WOULD MEAN THE ADDITIONAL CUSTOMERS TO THE BAR WOULD HAVE TO USE ALREADY LIMITED ON STREET PARKING IN THE RESIDENTIAL NEIGHBORHOOD.

THERE ARE ONLY FOUR AVAILABLE SPACES IN FRONT OF THE BUILDING.

THESE SPACES ARE ALWAYS FILLED BY CUSTOMERS OF THE BAR AND RARELY OPEN OR AVAILABLE TO THE OTHER TWO LEASES WHO SHARE THE BUILDING.

THE BUILDING IS OWNED BY CLAYTON ROGERS.

MR. ROGERS RESTORED THE BUILDING IN 2023.

ONE SECTION AT A TIME.

6 24 HANCOCK STREET WAS THE FIRST SECTION COMPLETED AND IS NOW LEASED TO NEW BEGINNINGS CHRISTIAN MINISTRY CHURCH WHOSE CONGREGATION MEETS ON SATURDAY MORNINGS AT 11 O'CLOCK.

THERE'S A NORTH CAROLINA STATUTE THAT PROHIBITS ALCOHOL FROM BEING SOLD WITHIN A CERTAIN DISTANCE OF A CHURCH.

THE DISTANCE BETWEEN THE CHURCH AND THE BAR IS 25 FEET.

THE REZONING WOULD ALLOW THE BAR TO EXPAND ITS BAR SERVICES INTO THE BACK PARKING LOT OF THE BUILDING, CREATING A MORE NEGATIVE IMPACT ON THE CHURCH SERVICE HELD ON SATURDAYS.

THE NEXT TENANT TO MOVE INTO THE BUILDING AT 6 26 HANCOCK STREET WAS UPLEVEL BODY WORK, A SPA OFFERING THERAPEUTIC MASSAGE, FACIALS AND YOGA.

THE OWNER OF UPLEVEL BODY WORK PLANNED TO OFFER YOGA AT HER BUSINESS, BUT WAS UNABLE TO BECAUSE OF THE LOUD MUSIC AND CIGARETTE SMOKE OF THE BAR'S CUSTOMERS WHO SMOKED ON THE SIDEWALK IN FRONT OF THE STOREFRONT OF UPLEVEL BODY WORK.

AFTER CONTINUED COMPLAINTS TO THE LANDLORD, MR. ROGERS, THE BAR OWNERS AND THE BAR OWNERS ABOUT THE NEGATIVE IMPACT THE BAR WAS HAVING ON UPLEVEL BODY WORK, NO ATTEMPTS WERE MADE BY THE LANDLORD OR BAR OWNERS TO MITIGATE THE LOUD MUSIC AND NOISE OR THE CIGARETTE SMOKE POLLUTION COMING FROM THE BAR INTO THE UP-LEVEL BODY WORK SPACE.

THE LANDLORD AND BAR OWNERS WOULD VERY MUCH LIKE TO HAVE THE ENTIRE BUILDING AVAILABLE TO EXPAND THE BAR WITH INCREASED CUSTOMERS.

BOTH THE LANDLORD AND BAR OWNERS ASKED THE OWNER OF UPLEVEL BODYWORKS WHAT IT WOULD TAKE TO BUY OUT THE REMAINDER OF HER THREE YEAR LEASE.

WHEN SHE GAVE THEM THAT FIGURE, THE LANDLORD AND BAR OWNERS DECIDED TO OFFER HER NOTHING IN HOPES THAT SHE WOULD EVENTUALLY DECIDE TO LEAVE BECAUSE OF THE NEGATIVE IMPACT TO HER BUSINESS FROM THE BAR.

AND THE LANDLORDS NOT DOING ANYTHING TO MITIGATE HER COMPLAINTS.

THE LANDLORD IS IN VIOLATION OF THE COVENANTS OF THE LEASE AGREEMENT WITH UPPER-LEVEL BODY WORK AND NOT ENSURING A PEACEFUL ENVIRONMENT FOR THE TENANT TO CONDUCT HER BUSINESS.

THE COVENANT OF QUIET ENJOYMENT STIPULATED IN THE LEASE.

INSTEAD, BOTH THE LANDLORD AND BAR OWNERS ARE HOPING TO FORCE UP-LEVEL BODY WORK OUT BY CONTINUING

[00:35:01]

TO MAKE A NEGATIVE IMPACT ON THEIR BUSINESS.

THEY MAY ALSO TRY THE SAME TACTIC ON THE CHURCH TO GET THEM TO GIVE UP THEIR LEASE AND MAKE THE ENTIRE BUILDING AVAILABLE FOR THE BAR.

THE BAR WILL CONTINUE TO PARTICIPATE IN PUB CRAWLS AS WAS DONE DURING THE RECENT FIRST ANNUAL ST.

PATRICK'S DAY PUB CRAWL 2024.

YOU CAN SEE THE ATTACHED FACEBOOK INVITATION ON THIS LETTER.

THE OLD PENNIX BAR WAS ONE OF NINE BARS.

PARTICIPATING PUB CRAWLING THROUGH RESIDENTIAL NEIGHBORHOODS IS NEVER A GOOD IDEA AND IS NOT WELCOMED BY HOMEOWNERS AND RESIDENTS WHO LIVE IN THE AREA THAT THE PUB CRAWL PARTICIPANTS WALK THROUGH TO GET TO THE NEXT PUB.

THE RUDE BEHAVIOR EXHIBITED BY SOME PARTICIPANTS IS DISRUPTIVE TO THE PEACE AND QUIET AND ENJOYED IN THESE RESIDENTIAL NEIGHBORHOODS.

THE LACK OF PUBLIC BATHROOMS IN OUR HISTORIC DISTRICT NEIGHBORHOODS INVITES BAD BEHAVIOR LIKE SOME PEOPLE RELIEVING THEMSELVES IN CHURCH PARKING LOTS, RESIDENT YARDS, AND OTHER PLACES IN OUR NEIGHBORHOODS.

THIS KIND OF BEHAVIOR CONTINUES TO BE OBSERVED AND REPORTED TO LAW ENFORCEMENT AUTHORITIES WITH NO ACTION TO STOP THE PROBLEM.

TO MAKE THE PENNIX BAR AN EVEN LARGER DESTINATION FOR PUB CRAWL GATHERERS WOULD BE AN EVEN GREATER MISTAKE.

THE PRECEDENT SET BY APPROVING THE REZONING TO ALLOW FOR MORE BARS TO BECOME PREVALENT IN PEACEFUL RESIDENTIAL NEIGHBORHOODS WOULD BE WRONG.

THE DRINKING CLIMATE IN OUR TOWN CREATED BY MORE AND LARGER CAPACITY FOR SERVING ALCOHOL IS CHANGING.

THE ATMOSPHERE OF NEW BERN TO ALLOW THIS ATMOSPHERE TO MIGRATE INTO OUR RESIDENTIAL AREAS EVEN MORE THAN IT ALREADY IS, IS WRONG FOR OUR TOWN.

ONE DAY SOMEONE OR SOME PEOPLE ARE GONNA GET SERIOUSLY HURT OR KILLED BECAUSE OF THE DRINKING CLIMATE BEING CREATED IN NEWBURN TODAY.

WHO WILL BE RESPONSIBLE FOR THAT? WHERE WOULD THE LIABILITY LIE FOR THOSE CONTRIBUTING TO THE DEVELOPMENT OF THIS CLIMATE? WHAT IS THE LEGAL EXPOSURE AND LIABILITY OF OUR TOWN AND CITY DECISION MAKERS IN THE CREATION OF THIS KIND OF ATMOSPHERE? HOW LONG WILL OUR TOWN CONTINUE TO CONDONE AND PROMOTE THE GRANTING OF MORE A, B, C PERMITS TO BARS IN OUR DOWNTOWN AND RESIDENTIAL AREAS? IN SUMMARY, I DO NOT SUPPORT THE REQUEST TO CHANGE THE EXISTING ZONING FOR THE PROPERTY AT 6 28 HANCOCK STREET.

THE PLANNING AND ZONING BOARD HAS ALREADY DISAPPROVED THIS REQUEST.

I DO NOT SUPPORT CHANGING THE ZONING FOR THE FOLLOWING REASONS.

IT IS INCOMPATIBLE WITH THE RESIDENTIAL NEIGHBORHOOD, THE INADEQUATE PARKING AND IMPACT ON ALREADY LIMITED PARKING FOR THE AREA RESIDENTS, THE NEGATIVE IMPACT ON ADJACENT BUSINESS AND CHURCHES, SHARING THE BUILDING PUB CRAWLS TO THE BAR WITH EXPANDED ALCOHOL SERVING AREA OUT BACK BEHIND THE BUILDING, SETTING A BAD PRECEDENT FOR OUR TOWN TO ALLOW FOR MORE BARS TO SET UP IN QUIET AND PEACEFUL RESIDENTIAL AREAS.

NOW THERE ARE SOME ENCLOSED PICTURES THAT YOU CAN SEE ON THE SCREEN.

THIS IS THE NEIGHBORHOOD.

THE, UM, THE HOME IS RIGHT NEXT TO.

THIS IS ON QUEEN STREET RIGHT NEXT TO THE, UH, BACKYARD, UH, THAT'S PROPOSED TO BE, UH, AN OUTDOOR BAR SERVICE.

IN THE NEXT PICTURE, YOU CAN SEE SOME OF THE PARKING THAT'S IN THE BACKYARD RIGHT NOW OF THE BUILDING.

YOU CAN SEE IN THIS PICTURE THE BISHOP MEMORIAL HOME THAT IS ON THE SOUTH SIDE OF THE, UH, PARKING AREA.

THIS IS THE STOREFRONT ALONG HANCOCK STREET.

YOU CAN SEE THERE'S LIMITED PARKING RIGHT THERE ALREADY.

THERE ARE ONLY FOUR SPACES THERE THAT ARE IN THAT PARKING SPACE, AND WHEN THE TRAIN COMES DOWN THE TRACK, IT BLOCKS IN THOSE CARS AS WELL AS ANY CARS THAT ARE IN THE BACK PARKING LOT WHO DO NOT HAVE ACCESS TO THE QUEEN STREET GATE.

THIS IS THE BISHOP HOME AGAIN ON HANCOCK STREET, THE BACK DOOR OF THE BISHOP HOME.

NEXT WE HAVE SOME, UH, SHORT VIDEOS THAT I'D LIKE TO SHOW YOU TO GIVE YOU SOME MORE, UH, UNDERSTANDING OF HOW THE, THE BUILDING IS LAID OUT.

[00:40:03]

THIS IS THE STOREFRONT THAT'S ON THE CORNER OF THE BUILDING.

THIS FIRST TENANT IS THE NEW BEGINNINGS CHURCH.

IT'S HERE THAT HOLD SERVICES ON SATURDAYS AND WEDNESDAY NIGHTS.

THE SECOND TENANT HERE, UP LEVEL BODY BRUSH THAT'S OWNED BY IT, HEATHER BOND, AND THE THIRD TENANT HERE IS THE OLD PENNEX STORE.

AND SO THE MUSIC FROM THIS STORE GOES THROUGH THIS THIN BRICK BRICK WALL AND DISRUPTS THE, UM, THE ATMOSPHERE THAT'S BEING TRIED TO BE CREATED INSIDE THE SPOT, WHICH IS ONE DOWN VOICE.

THE THAT GOES ON OUT HERE AND THE SIDEWALK WRAPS INTO THE SPOT.

AND THIS IS PART OF THE RESIDENTIAL AREA THAT BUTTONS UP RIGHT AGAINST THE AREA THAT THEY WANT TO PUT EXTENSION OF THE BAR INTO THE PARKING LOT.

SO THIS IS THE ISSUE.

YEAH, THE QUIETNESS OF THE NEIGHBORHOOD WOULD CERTAINLY CHANGE WITH THE ADDITION OF PICNIC TABLES, UM, SERVING ALCOHOL OUT HERE.

MUSIC NOT BE THE SAME.

IT C5, I'M REMINDED OF THE ORIGINAL PENNIX DRUGSTORE THAT WAS THERE.

THE DRINKS THAT THEY SERVED IN THOSE DAYS WERE ICE CREAM FLOATS AND CHERRY COKES AND SOME OF US WHO ARE HERE TONIGHT REMEMBER THOSE FONDLY.

IT'S QUITE A DIFFERENCE OF WHAT'S BEING PROPOSED NOW.

I'LL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU.

THANK YOU, THANK YOU.

GOOD EVENING.

I'M MARIAN BUNN AND UM, HEATHER IS MY DAUGHTER AND SHE IS THE OWNER OF THE UPLEVEL BODY WORK, WHICH IS NEXT TO THE OLD PENNIX BAR.

THE LANDLORD OWNER OF THE BUILDING, CLAYTON ROGERS, TOLD OH, THANK YOU, UM, TOLD ME AND MY DAUGHTER HEATHER, THAT HE WOULD NEVER RENT THE STOREFRONT NEXT DOOR TO THE UPLEVEL BODY WORK TO A BAR.

AND HE TOLD US ALSO THAT HE WAS IN DIALOGUE WITH AN ATTORNEY WHO, UH, WAS INTERESTED IN RENTING THE SPACE.

HEATHER HAS ADDRESSED MR. ROGERS ABOUT THE NOISE AND CIGARETTE SMOKE COMING INTO THE SPA FROM THE BAR NEXT DOOR AND THE BAR PATRON SMOKING ON THE SIDEWALK, NOT ONLY IN FRONT OF THE PENNIX, THE OLD PENNIX, BUT ALSO IN FRONT OF HER SPA.

MR. ROGERS HAS REFUSED TO DO ANYTHING TO CORRECT THESE CONCERNS AND CONTINUES TO DO THINGS THAT NEGATIVELY IMPACT THE ATMOSPHERE OF THE SPA.

THE LATEST THING HE HAS DONE IS TO MOVE ALL OF THE TRASH CANS, RECYCLE BINS, AS WELL AS TWO RAT TRAPS FROM THE BAR PLACED, UM, AND FROM THE BAR AND PLACE THEM DIRECTLY NEXT TO HER BACK DOOR OF THE BACK DOOR WALL OF, UM, THE UPLEVEL BODY WORKS, THE ODOR COMING FROM THE TRASH GARBAGE AND EMPTY EMPTY ALCOHOL CONTAINERS FROM THE BAR DIRECTLY, UH, GO TO THE BACK THROUGH HER BACK DOOR, UH, SCREEN.

AND SHE'S UNABLE TO.

IT PREVENTS HER FROM BEING ABLE TO OPEN THE DOOR AND GET FRESH AIR INTO THE SPA.

THE TRASH AND RECYCLE BINS AND RAT TRAPS NEED TO BE MOVED FROM BESIDE THE BACK ENTRANCE TO THE APPROPRIATE LOCATION NEXT TO THE BAR WHERE IT SHOULD HAVE BEEN PLACED.

MY CONCERN IS ACTUALLY FOR THE HEALTH AND SAFETY FOR THE BUSINESSES AT THIS LOCATION AS WELL AS FOR THE SURROUNDING PRIVATE RESIDENCES, UM, THAT ARE, UH, IF THIS, UH, EXPANDED SPACE FOR FOOD AND ALCOHOL WOULD CREATE MORE PROBLEMS WITH RATS AND GARBAGE AND RECYCLE ISSUES.

IN CLOSING, I DO NOT APPRECIATE MR. ROGERS BEING RUDE AND UNKIND TO HEATHER AT HER FRONT ENTRANCE OF HER SPA

[00:45:01]

THAT, UM, SHE COMPLAINS TOO MUCH AND THAT SHE SHOULD MOVE TO AN ISLAND BECAUSE SHE HAS TENDER EARS.

THIS WHOLE MATTER REALLY SHOULD NEVER HAVE EVEN BEEN AN ISSUE BECAUSE, UM, ACCORDING TO THE TERMS OF THE CONTRACT, WHICH HEATHER WAS THERE WELL BEHIND BEFORE, UH, THE OLD PENNIX OPENED, UH, ACCORDING TO THE CONTRACT SHE HAS, IF IT HAD BEEN HONORED, IT WOULD NOT HAVE BEEN AN ISSUE FOR HER SPA OR THE CHURCH OR FOR THE HISTORIC RESIDENCE.

THANK YOU.

ANY QUESTIONS? THANK YOU.

HEY, MY NAME IS JONAS REKA.

I MOVED HERE TWO YEARS AGO AND I'M A VERY FREQUENT GUEST OF THE PENN.

I APPRECIATE THIS PLACE A LOT.

THIS WAS SOMETHING I WAS LOOKING FOR FOR LONG TERM IN NEW NEWBORN BECAUSE ALL THESE PLACES DOWNTOWN HAVE LOUD MUSIC.

THEY'RE CROWDED, THEY HAVE PROBLEMS WITH PEOPLE LIKE DRINKING TOO MUCH, AND PENNIX IS DEFINITELY THE COMPLETE OPPOSITE.

LIKE THEY DON'T PLAY THE MUSIC LOUD.

IT'S REALLY LIKE YOU CAN TALK WITH PEOPLE.

SNACKS ARE GOOD, PEOPLE DON'T GET HAMMERED, SO GET THERE TWO DRINKS, THEN LEAVE.

AND WE HAVE A GROUP OF PEOPLE WHO COME THERE LIKE EVERY THURSDAYS.

WE REALLY ENJOY THIS PLACE BECAUSE WE CAN TALK AND WE WOULD REALLY LIKE TO SIT ALSO OUTSIDE, GET THE CHANCE OF THAT.

SO I DON'T THINK IT WILL ADD LIKE MORE PEOPLE COMING THERE.

IT WILL BE MORE LIKE PEOPLE GIVING THE CHANCE TO SIT OUTSIDE.

I ALSO COME THERE WITH MY GIRL AND HER KIDS AND THEY REALLY APPRECIATE THIS PLACE BECAUSE THE STUFF IS FRIENDLY, FOOD IS GOOD, THE AREA'S GOOD, AND I LIKE TO SEE THEM PLAY OUTSIDE IN THE PARKING LOT IN THE BACKGROUND.

UH, NOT LIKE DOWNTOWN WHERE YOU HAVE ALL THE TROUBLE, THE TRAFFIC.

SO FOR ME PERSONALLY, IT'S WAY SAFER OUT THERE AND I REALLY HOPE, UM, THIS REZONING CAN GET DONE AND IT WOULD DEFINITELY ADD WAY MORE VALUE TO THE CITY BECAUSE UNI DEFINITELY NEEDS THOSE PLACES DOWNTOWN AND NOT LIKE ONLY IN THIS PART OF THE CITY.

ALSO, LIKE SPREADING IT OUT OVER THE CITY.

THANK YOU.

THANK YOU FOR HEARING THE PUBLIC.

UM, MY NAME'S .

I LIVE ON BRYCE CREEK ROAD.

I MOVED TO NEW BERN ABOUT SIX YEARS AGO, COMING FROM GERMANY.

I LIVED IN MUNICH ABOUT 1.5 MILLION PEOPLE.

AND BELIEVE ME, I DID NOT MOVE TO NEW BERN FROM SUCH A BIG CITY, UH, BECAUSE I WAS SEEKING NIGHTLIFE AND UH, DANCE CLUBS.

SO THE WAY THE BAR IS DESCRIBED, I CANNOT CONFIRM THAT.

UM, THIS IS A CROWDED, LOUD AND NOISY PLACE.

UH, I THINK THEY'RE VERY WELL KNOWN FOR THEIR BRANCHES, SO A LOT OF THEIR CLIENTELE IS THERE IN THE MORNING HOURS DURING THE DAY EATING, UH, THEIR FOOD.

SO I THINK FOR THEM IT WOULD BE A WONDERFUL OPPORTUNITY TO SIT OUTSIDE.

AND ALSO, UM, I FEEL THAT DOWNTOWN NEWBURN IS LACKING OUTSIDE SEATING AREA.

I MEAN, THERE IS PER MAYBE, BUT UH, MANY OF THE OTHER PLACES DOWNTOWN ARE VERY LIMITED WHEN IT COMES TO OUTSIDE SEATING.

SO I THINK THAT WOULD BE A WONDERFUL ADDITION TO NEW BERN.

AND, UM, I ALSO FEEL THAT A LOT OF THE ARGUMENTS, UH, THAT HAVE BEEN BROUGHT FORWARD ARE MORE CONFLICT OF LANDLORD AND, UM, AND IN MY OPINION, THAT SHOULD NOT AFFECT, UH, THE ZONING DECISION.

SO I'M IN FAVOR TO GIVE THE ZONING CHANGE REQUEST.

THANK YOU.

THANK YOU.

HELLO LADIES AND GENTLEMEN.

MY NAME IS SEBASTIAN INGER.

UM, LIVE AT 3 1 4 BELOW DRIVE.

MY WIFE AND I MOVED, UH, LAST YEAR TO NEW BERN, UM, AND WE LOOKED FOR SUCH A PLACE BECAUSE IT'S PEACEFUL AND FRIENDLY.

UM, AS THE GUYS BEFORE EXPLAINED, YOU CAN TALK TO EACH OTHER AND WE WOULD LOVE TO SIT OUTSIDE AS ONE SUMMERTIME.

AND I CANNOT UNDERSTAND ISSUE ABOUT THE PARKING LOTS BECAUSE EVERY TIME WE MOVED THERE, UM, AT NOONTIME AFTERNOON OR IN THE EVENING, WE NEVER HAD THIS ISSUE WITH THE PARKING LOTS.

SO, AND AS WELL, I DO NOT TOTALLY UNDER UNDERSTAND THE, THE SMOKING ISSUE BECAUSE WHEN THIS TOPIC CAME UP, BECAUSE I'M A SMOKER, UM, STEVEN ADVISED US, PLEASE DO NOT SMOKE IN FRONT DOOR AS WELL ON THE END DOOR.

PLEASE GO TO THE OTHER SIDE AND SMOKE THERE.

SO AFTER, UH, THE TOPIC CAME UP, THEN WE MOVED TO THE OTHER SIDE OF THE BUILDING AND SMOKE THERE.

THANK YOU.

THANK YOU.

[00:50:01]

YOU THANK YOU.

OKAY, LADIES, THE, YOU THI THANK YOU THAT I CAN TALK TODAY.

UM, LIKE MY FRIENDS BEFORE, I'M ALSO, UH, MOVED TO NEW BERN, UH, END OF LAST YEAR TOGETHER WITH MY WIFE.

AND, UM, IT'S QUITE NEW FOR US COMING TO A NEW PLACE AND WE FOUND A HOME HERE IN THE PENNIX.

UM, THERE IS A PLACE WHERE YOU CAN MEET EVERY THURSDAY.

I'M ALSO FROM GERMANY AND WE HAVE ALSO NOW A DOG, UH, SINCE JANUARY.

AND WE WOULD LIKE TO BRING OUR DOG WITH US.

IT'S NOT ALLOWED INSIDE, BUT IT WOULD BE ALLOWED OUTSIDE.

SO WE WOULD BE REALLY HAPPY TO SIT OUTSIDE.

WE ARE, UH, FAMILIAR WITH THAT.

GERMANY, WE HAVE A LOT OF BEER GARDEN, SO WE REALLY LIKE IT, ESPECIALLY HERE IN NEWBURN.

WE HAVE A LOT OF WARM WEATHER IN THE SUMMER, SO WE WILL REALLY APPRECIATE TO GO OUTSIDE AND GIVE THE PINS A CHANCE TO ALSO HAVE SOME GUESTS HERE.

I ALSO CAN UNDERLINE WHAT MY, UH, FRIEND SAID BEFORE.

UM, I DON'T HAVE A FEELING THERE'S A PARTY AREA.

IT'S REALLY A GOOD PLACE TO STAY.

IT'S NOT REALLY LOUD, NOT NOISY.

AND I THINK I WOULD REALLY APPRECIATE IF WE CAN, UH, MAKE THIS HAPPEN TO SIT OUTSIDE.

THANK YOU.

THANK YOU.

THANK YOU.

ANYONE ELSE? MAYOR HAM, BOARD OF ALDERMAN.

UM, THANK YOU FOR LETTING US SPEAK HERE.

UM, AND THANK YOU FOR TAKING THE TIME TO CONSIDER OUR PETITION.

MY NAME IS STEVEN LONGEN.

I AM THE PETITIONER FOR THIS REZONING.

AND, UM, I HAVE TO SAY I'M A LITTLE SURPRISED HEARING A LOT OF THOSE CONCERNS TONIGHT FOR THE FIRST TIME.

I WISH SOME OF THOSE WOULD'VE BEEN BROUGHT UP TO OUR ATTENTION.

UM, I PREPARED SOME SLIDES THAT I WOULD LIKE TO PRESENT TO YOU AND AFTERWARDS I HAVE SOME ADDITIONAL WORDS.

UM, I REALLY OH, THANK YOU.

THANK YOU.

UM, SO I REALLY KIND OF WANT TO BE TRANSPARENT HERE AND SHOW YOU WHY WE ACTUALLY WANNA DO THE REZONING.

EVEN THOUGH A REQUEST FOR REZONING HAS TO BE, UM, LOOKED AT IN ITS WHOLE AND NOT JUST, UM, ONE SIMPLE, UM, OR ONE PARTICULAR, UM, PART OF IT FOR US, WE WANT TO SET THE FOUNDATION FOR POTENTIAL OUTSIDE SEATING.

AND I WANT TO EMPHASIZE THAT EVEN THOUGH WE ARE GONNA DO THE REZONING, IT DOES NOT ALLOW US IMMEDIATELY TO HAVE OUTSIDE SEATING.

THERE'S GONNA BE FURTHER APPROVALS THAT WE WILL HAVE TO GET, UM, WITH THE ZONING, UM, WITH THE HISTORIC DISTRICT PRESERVATION COMMISSION, UM, ET CETERA.

SO THIS, UM, REZONING REQUEST WILL ONLY SET THE FOUNDATION FOR THOSE FURTHER APPROVALS.

WE'RE ALSO, WE STARTED THIS WHOLE, UM, QUEST BECAUSE WE WANTED TO PROVIDE THE OPPORTUNITIES FOR OUR NEIGHBORS, OUR PATRONS, TO ENJOY THE OUTSIDE WEATHER AND TO SOCIALIZE.

WE HAVE HAD A LOT OF CUSTOMERS COME TO OUR RESTAURANT AND ASK US IF THEY CAN BRING THEIR DOG.

UNFORTUNATELY, AS WE HAVE AN OPEN KITCHEN, WE CAN'T ALLOW THAT DUE TO HEALTH PURPOSES.

SO THIS IS OUR, OUR MAIN FOCUS, UM, TO HAVE OUR PATRONS THAT COME MOSTLY DURING THE DAY, TO HAVE TIME TO, OR, OR A PLACE TO ENJOY THE WEATHER AND, UM, SIT OUTSIDE.

UM, WE WANT TO, YEAH, COME THERE DOGS.

AND, UM, WE OVERALL WANT TO ENHANCE THE NEIGHBORHOOD.

IF YOU HAVE SEEN SOME OF THE LOTS, UM, IT'S JUST AN EMPTY FIELD OF GRASS.

WE WOULD LIKE TO PUT SOME PLANTERS OUT, PUT A LOT OF PLANTS OUT THERE, MAYBE SOME SUN SALES.

MAKE IT LOOK VERY APPEALING AND JUST ENHANCE THE NEIGHBORHOOD AND THE PROPERTY.

WHY DO WE THINK THAT THE C FIVE A ZONING IS ACTUALLY APPROPRIATE ZONING? THE C FIVE A ZONING HAS, IT'S, IT'S FOR MULTIPLE PURPOSES.

IT'S FOR INSTITUTIONS, BUT ALSO FOR SMALL BUSINESSES.

UM, SMALL BUSINESSES SUCH AS A GOURMET SHOP, WHICH WE ARE, WE ARE A GOURMET TOASTER.

I'M NOT SURE IF YOU MAY HAVE SEEN OUR SOCIAL MEDIA PICTURES OF OUR TOAST, BUT WE TAKE GREAT BRIDE IN HOW PRETTY THEY LOOK AND HOW GOOD THEY TASTE.

UM, ADDITIONALLY, THE C FIVE ZONING IS ALSO, AS YOU CAN SEE ON THE UM, POINT E.

UM, IT'S ENCOURAGED THE DEVELOPMENT OF AREAS WHICH WILL SERVE AS A TRANSITION ZONE BETWEEN MORE INTENSIVE BUSINESS DISTRICT AND LESS INTENSIVE RESIDENTIAL DISTRICTS PROVIDED FOR THIS ORDINANCE.

IF YOU CAN SEE HERE, AS YOU CAN SEE HERE IN THIS PICTURE WHERE THE CIRCLE IS, THAT IS WHERE, UM, THE ALTERNATES AND, UM, THE OTHER BUSINESSES IN THE BUILDING AT, UM, HANCOCK 6 24 R.

YOU CAN SEE THAT ON THE RIGHT SIDE THERE IS SOME COMMERCIAL, HOWEVER, ON THE LEFT AND UM, SOUTH SIDE THERE IS MOSTLY COMMERCIAL ON THE NORTHEAST.

YOU CAN EVEN SEE THAT THERE IS AN INDUSTRIAL, THIS IS THE GRAY ZONE.

SO

[00:55:01]

YOU CAN SEE THAT GRAY ZONE IS INDUSTRIAL DISTRICT, UM, WHICH IS THE TRAIN STATION.

UM, AND THEN ON THE BOTTOM, THIS IS ALL C FOUR AND THERE IS ACTUALLY A C FIVE ZONING IN RIGHT BELOW.

THERE'S A C FIVE, A ZONING IN CLOSE PROXIMITY.

AND THEN TONIGHT WE HEARD A LOT OF CONCERNS ABOUT THE PARKING.

SO I WOULD LIKE TO ADDRESS THOSE AS WELL.

UM, WHEN WE STARTED THIS WHOLE ENDEAVOR, WE WERE, OR OUR LANDLORD WAS APPROACHED, UM, BY THE, UM, BY THE ZONING BOARD, UM, OR THE, THE ZONING STAFF, UM, THAT WE NEED OFFICIAL PARKING.

WE CANNOT PARK ON A GRASS FIELD.

UM, AND WITHOUT FURTHER ADO, UM, CLAYTON WENT AHEAD AND IMPLEMENTED THIS PARKING LOT.

EVEN THOUGH, UM, THIS COST HIM, UM, QUITE A, QUITE A LOT OF MONEY, UM, HE WENT AHEAD AND ACCOMMODATED TO THE REQUEST OF THE CITY IMMEDIATELY WITHOUT ANY QUESTIONING.

UM, IT WAS DETERMINED THAT WE NEEDED SIX ADDITIONAL PARKING SPOTS.

WE CREATED EIGHT.

UM, NOW I UNDERSTAND THAT THERE'S ONE MORE THING FIRST.

UM, EVEN THOUGH IF THIS REZONING, LET'S SAY, WOULD NOT GO THROUGH THE PARKING LOT WILL STILL BE BLOCKED OFF.

IT HAS TO, FOR SAFETY REASONS, ANY OFFICIAL PARKING LOT THAT HAS TO BLOCKED OFF FOR OTHER AREAS WHERE PEOPLE MIGHT WALK.

UM, AND OUR STAFF WALKS THERE QUITE FREQUENTLY AS OUR TRASH CANS ARE OUT THERE AND OUR ICE MAKER, ET CETERA.

ADDITIONALLY, I WANT TO POINT OUT THAT THERE IS A LOT OF AMPLE PARKING AROUND THIS AREA, AS A MATTER OF FACT, AND 300 FEET AWAY, THERE'S ACTUALLY A PUBLIC PARKING LOT WHERE OUR PATRONS COULD PARK.

UM, WE ALSO WANT TO GO AHEAD AND SHOW THIS ON OUR SOCIAL MEDIA AND DISPLAY THIS IN OUR BUSINESS.

SO TO SHED AWARENESS, UM, AND TO PLEASE ASK OUR PATRONS TO USE THIS PUBLIC PARKING LOT INSTEAD OF THE PUBLIC PARKING ALONG THE STREETS TO ACCOMMODATE FOR OUR NEIGHBORS.

WE'RE REALLY HERE TO WORK WITH OUR NEIGHBORS.

WE'RE A NEIGHBORHOOD RESTAURANT AND I WISH I WOULD'VE HEARD SOME OF THOSE CONCERNS, UM, EARLIER SO WE COULD HAVE ADDRESSED THEM.

I DO, I DO WANT TO ADDRESS THE, UM, WE HAVE HEARD A LOT THAT THERE IS A CHURCH IN CLOSE PROXIMITY.

I FIND THAT INTERESTING BECAUSE IT IS NOT AN ACTUAL CHURCH UNDER THE C FOUR ZONING.

IT IS ACTUALLY NOT ALLOWED TO HAVE A CHURCH ON PREMISES FOR A C FOUR ZONING.

I HAVE THE TABLE OF PERMISSIBLE USES RIGHT HERE, AND I THINK STAFF WOULD ALSO CONFIRM THAT THIS IS NOT ALLOWED.

SO OUR, ONE OF OUR NEIGHBORS CAN'T BE A CHURCH BECAUSE THEY WOULD THEN BE AGAINST THE ORDINANCE OF THE CITY.

UM, ADDITIONALLY, WE ALSO HAVE NEVER REALLY HEARD ANY COMPLAINTS FROM THE OWNER OF THE CHURCH.

MATTER OF FACT, WE'RE VERY CLOSE.

WE TAKE HER TRASH CANS OUT EVERY WEEK AND MAKE SURE THAT THEY GET EMPTIED.

AND THEN, UM, TO ADDRESS THE CONCERNS THAT HEATHER HAS REGARDING THE SMOKING.

IN THE BEGINNING WE WERE CONCERNED THAT IF WE ALLOW OUR PATRONS TO SMOKE OUT BACK THAT THEY COULD TAKE ALCOHOL OUTSIDE, WHICH WE WOULDN'T SEE, AND THEN WE WOULD GET IN TROUBLE AND POTENTIALLY EVEN LOSE OUR LICENSE.

THEREFORE, WE ASKED OUR, UM, CUSTOMERS TO SMOKE IN FRONT, BUT TO DECIDE, UM, WHERE WE CAN SEE THEM SO THAT WE SEE THAT THEY DON'T TAKE ANY ALCOHOL OUTSIDE.

MATTER OF FACT, WE ACTUALLY CAUGHT A COUPLE THAT TRIED NOT KNOWING, UM, THAT THEY COULD NOT GO OUTSIDE WITH THEM, AND WE HAD TO INFORM THEM THAT THEY HAVE TO STAY INSIDE.

ADDITIONALLY, I ALSO WANNA POINT OUT THAT OUR RESTAURANT, WE SELL LESS THAN 50% OF OUR WHOLESALE IS ALCOHOL.

AND WE CAN PROVE THIS.

WE HAVE THE NUMBERS.

MOST OF OUR SALES COMES FROM COFFEE, TEA, AND TOAST.

THAT IS REALLY WHAT OUR, UM, CUSTOMERS WANT, WHAT OUR PATRONS COME IN FOR.

MOST OF OUR PATRONS COME IN THE MORNING TIMES, IN THE EVENING TIMES.

WE REALLY DON'T HAVE THAT MANY CUSTOMERS.

OUR RESTAURANT IS MOSTLY EMPTY IN THE EVENING TIMES.

AND, UM, ONE MORE POINT I WANT TO MAKE IS THAT WITH THE, UM, CURRENCY FOR ZONING, EVEN IF WE WERE SAY WE WOULD NOT ALLOW ALCOHOL OUTSIDE, STILL, OUTSIDE SERVICE IS NOT ALLOWED.

AND WE HAVE NOTICED THAT DURING THE WARMER DAYS, OUR SALES GOES DOWN AND WE FEAR THAT IN THE SUMMERTIME WE MIGHT NOT BE ABLE TO CONTINUE OUR BUSINESS IF WE DON'T OFFER SOMEWHAT OF OUTSIDE SEATING.

AND WE'RE MORE THAN HAPPY TO WORK WITH ANY NEIGHBOR OR ANY CONCERN TO LIMIT THE OUTSIDE SEATING, MAYBE ONLY IN THE FRONT, IN THE BACK.

EITHER WAY, WE'RE HAPPY TO ACCOMMODATE AND WORK

[01:00:01]

WITH ANYBODY.

UM, IF THEY APPROACH US.

IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER THEM.

THANK YOU.

THANK YOU.

HELLO AND THANK YOU BOARD FOR HAVING ME HERE THIS EVENING.

I HAPPEN TO BE THE PERSON THROWN UNDER THE BUS TONIGHT.

CLAYTON ROGERS THE LANDLORD.

I PURCHASED THIS BUILDING SOMETIME AGO ABOUT TWO YEARS AGO FROM, UH, AN ATTORNEY.

AND, UH, THIS BUILDING HAD BEEN VACANT FOR ABOUT 30 YEARS.

UH, ALL OF 'EM, THERE'S A, THERE, SO IT'S A BUILDING AND IT HAS THREE PLACES.

THE PENNEX, THE WHERE, WHERE MRS. BUN IS TRYING TO OPERATE HER, UH, SPA.

AND THEN THE CHURCH, THE CHURCH IS THERE FOR THREE HOURS A WEEK.

UM, MRS. BUNN, UH, IS OPERATING A BUILDING, A UNIT WITHIN A BUILDING AND HAS NOTHING HAD, HAS HAS NOTHING BUT PROBLEMS WITH ME SINCE, YOU KNOW, WE MET.

UM, BUT LIKE SHE SAID, SHE'S HIRED AN ATTORNEY AND SHE'S, YOU KNOW, I'M NOT A LANDLORD.

I'M A PERSON JUST TRYING TO DO WHAT I DO.

AND I MADE THINGS BETTER DOWN THERE.

STEVE NATASHA OWNING THE PENNIX, IT'S NOT A BAR, IT'S A CAFE.

IT'S GREAT FOR THE NEIGHBORHOOD.

I COULD HAVE RENTED TO ANY VAPE SHOP ANY DAY ALL DAY LONG.

NOBODY WOULD'VE LIKED IT.

I TRIED TO DO SOMETHING NICE FOR THE COMMUNITY AND I'VE HAD NOTHING BUT, UH, PROBLEMS FROM IT.

WHAT STEVEN IS ASKING FOR OR WHAT THE PENNIX IS ASKING FOR, IT'S NOT REZONING.

IT'S, IT'S ALREADY ZONED COMMERCIAL.

SO WE'RE NOT ASKING FOR, OH, YOU KNOW, IT'S RESIDENTIAL.

WE WANT COMMERCIAL.

IT'S ALWAYS BEEN A COMMERCIAL.

IT'S BEEN COMMERCIAL FOR A HUNDRED YEARS, IT'S RIGHT NEXT TO THE TRAIN STATION.

THINGS ARE GOING THAT WAY.

BUT WHAT WE HAVE HERE IS A SITUATION WHERE, WELL, THE ONLY THING I'M GIVING UP IS A CREMATORIUM FROM C FOUR TO C FIVE, WHATEVER.

I CAN'T HAVE A CREMATORIUM THERE.

BUT WHAT WE CAN HAVE IS OUTDOOR SEATING, LIKE A LOT OF PLACES AROUND NEWBORN.

AND I'M SURE, SO I WAS TOLD THAT, YOU KNOW, WE, YOU KNOW, RATHER THAN DO A SPECIAL EXCEPTION OR THIS AND THAT, WHICH DOESN'T RUN WITH THE PROPERTY THAT WE SHOULD DO, THE ZONING THAT RUNS WITH THE PROPERTY AND CHANGES IT, YOU KNOW, IN, IN A LITTLE BIT.

ALL HE IS ASKING FOR IS TO BE ABLE TO HAVE BEVERAGES OUTSIDE AND FOOD OUTSIDE FOOD ON THE SIDEWALK, LIKE CREMA BREW OR ANY OTHER PLACE DOWN NINE, NINE, ALL THAT IN A DIFFERENT AREA.

THAT'S ALL HE IS ASKING.

IT'S, IT'S NOT REALLY A ZONING CHANGE AS MUCH AS IT IS A LITTLE CHANGE, A LITTLE TWEAK IN THE ZONING THAT WILL RUN WITH THE PROPERTY.

AND AS FAR AS THE NEIGHBORS IN THE PARKING, I, I'VE SPENT THOUSANDS OF DOLLARS PUTTING THE PARKING IN.

THERE'S PLENTY OF PARKING DOWN THERE.

NOBODY'S DOWN THERE DOING ANYTHING.

THE PLACE IS KIND OF STAGNANT.

BEFORE I GOT THERE, IT WAS, NOW MR. COCHRAN ACROSS STREETS GOT NEW, YOU KNOW, DOESN'T HAVE A KARATE, HE HAS A BRIDAL SHOP.

AND, YOU KNOW, WE'RE ALL DOING THINGS TO MAKE THINGS BETTER.

AND THAT'S, YOU KNOW, I PUT TENS OF THOUSANDS OF DOLLARS IN, YOU KNOW, TO MAKE THE BUILDING LOOK BETTER AND IT IS BETTER AND IT'S BETTER FOR THE NEIGHBORHOOD.

AND WHAT MR, WHAT WHAT STEVE IS ASKING FOR WITH THE PENNIX IS NOT THAT FAR OF A STRETCH.

AND THE PARKING I'VE ACCOMMODATED, THERE'S MORE THAN ENOUGH PARKING DOWN THERE.

THAT'S, THAT'S NOT EVEN A QUESTION.

SO WHAT MS. BUN SAYS, AND HER FATHER SAYS ABOUT WHAT I'VE BEEN AS A LANDLORD, I'M NOT A LANDLORD.

I'M NOBODY'S LANDLORD.

I'M SOMEBODY WHO YOU RENT FROM, WHO'S YOUR FRIEND THAT'S ALWAYS BEEN, I'M 60 SOME YEARS OLD, I'VE NEVER BEEN.

I HAVE A GREAT RELATIONSHIP WITH ALL MY TENANTS AND THAT'S ALL THERE IS TO IT.

AND SO FOR SOMEBODY TO THROW ME UNDER THE BUS AND SAY, MR. ROGERS TOLD ME THAT YOU WOULDN'T OPEN A BAR NEXT DOOR IS NOT TRUE.

IT'S AN ABSOLUTE AND FLAT OUT LIE.

AND WHO SHE HIRED AS HER ATTORNEY, I HAVEN'T HAD TO HIRE AN ATTORNEY.

YOU KNOW WHY I HAVEN'T HAD TO.

'CAUSE I KNOW WHAT SHE'S SAYING IS B******T.

HEY, THAT'S ENOUGH.

IT'S WRONG.

WELL, IT MAY BE, BUT YOU'RE NOT GONNA SIT HERE AND CURSE.

WELL, WHAT I'M SAYING IS IT'S WRONG.

IT'S WRONG TO ACCUSE ME OF BEING A BAD LANDLORD.

I'M NOT ANYBODY'S LANDLORD.

I'M THE PERSON WHO OWNS THE PROPERTY, WHO LEASES TO YOU.

IF YOU DIDN'T KNOW THERE WAS A TRAIN IN FRONT, AND NOW ALL OF A SUDDEN YOU HEAR A TRAIN GO BY, YOU KNOW,

[01:05:01]

THAT'S WHAT IT IS.

YOU CAN'T MAKE UP STUFF.

AND PARKING.

I'VE GIVEN MRS. BUN TWO PERSONALIZED PARKING SPOTS EVEN THOUGH PARKING'S NOT IN HER LEASE.

AND YOU KNOW, I MEAN, I I, I'VE, I'VE GONE ABOVE AND BEYOND TO BE AS NICE AS I CAN BE TO MY TENANT AS I AM WITH ALL MY TENANTS.

BUT AS FAR AS THE PENNIX AND HOW FANTASTIC IT IS FOR THE COMMUNITY, IT'S GREAT.

LIKE I SAY, IT COULD HAVE BEEN A LOT WORSE.

IT COULD HAVE BEEN A LOT OF THINGS THAT A LOT OF PEOPLE WOULDN'T HAVE WANTED IN THAT AREA.

AND I, AND I, AND I'VE MET WITH THE COUNTY AND KENDRICK AND EVERYBODY TO DO THE PARKING AND DA DA DA DA DA, YOU KNOW, SO I I I PUT MY BEST FOOT FORWARD AND I, AND I DON'T APPRECIATE BEING CRUCIFIED BY, YOU KNOW, SOMEBODY SAYING, YOU KNOW, YOU CAN'T HAVE A, AN, YOU KNOW, IT'S A NEIGHBORHOOD THING.

IT ISN'T A NEIGHBORHOOD.

THERE'S, BUT LIKE, EVERYTHING ALL, ALL AROUND, YOU KNOW, P*****K STREET AND EVERYTHING, IT'S, IT'S, IT'S A MIX.

IT'S A BLEND.

IT'S BEEN COMMERCIAL FOR OVER A HUNDRED YEARS.

I MEAN, THAT'S JUST A FACT.

THAT'S WHAT IT IS.

AND YOU CAN'T SAY, I'M GONNA DENY YOU BECAUSE YOU'RE NEXT TO A HOUSE, YOU KNOW? SO THAT'S MY POINT.

THAT'S ALL.

THANK YOU.

THANK YOU FOR LISTENING TO ME.

SORRY.

SURE.

I'M SORRY, I KNOW I ALREADY SPOKE, BUT I WOULD JUST LIKE, 'CAUSE I KNOW THE MINUTES ARE RECORDED, I WOULD JUST LIKE TO GO ON THE MINUTES AND I KNOW I STATED THIS WHEN I TALKED THE FIRST TIME THAT THE BRIDAL SALON HAS NOT BEEN IN THE FAVOR OF UP FOR LEVEL BODY WORKS.

WE ARE TOTALLY IN SUPPORT OF THE, OF THE PENNIX AND THE EXPANSION.

SO I JUST WANTED OUR POINT TO BE THAT WE'VE NOT BEEN ON EITHER SIDE OR THE NEXT, WE FEEL LIKE IT WOULD BE GREAT PARKING IS, UM, OUR BRIDAL SALON DOESN'T HAVE DESIGNATED PARKING PEOPLE THAT GO TO THE PENNIX PARK IN FRONT OF OUR BRIDAL SALON.

BUT SINCE WE'VE BEEN OPEN IN NOVEMBER.

NOT ONCE HAVE WE HAD AN ISSUE WITH OUR BRIDES OR PEOPLE VISITING OUR BRIDAL SALON SAYING THAT PARKING WAS AN ISSUE.

UM, IF ANYTHING, I WOULD SAY THAT AS PART OF BUSINESSES TRYING TO THRIVE IN NEW BERN, THAT THE CITY OR THE COUNTY WOULD COME ALONG WITH THOSE BUSINESSES IN THAT AREA TO MAYBE HELP SOLVE THAT ISSUE OF PARKING.

THERE'S AN EMPTY LOT THAT'S RIGHT ADJACENT TO OUR BUILDING THAT POSSIBLY COULD BE LOOKED AT.

UM, AND AGAIN, I HEARD THAT THE PARKING ALONG THE STREETS, THERE ARE FREE PARKING.

UM, AGAIN, I WORKED AT THE CHAMBER AND THE, THE VISITOR CENTER, SO I KNOW THAT PARKING EVEN DOWNTOWN HAS ALWAYS BEEN AN ISSUE.

PARKING IN NEW BERN IS AN ISSUE.

IT DOESN'T MATTER WHERE YOU ARE, THAT'S AN ISSUE.

UM, BUT I JUST WANTED TO GO ON THE RECORDS TO SAY THAT WE ARE DEFINITELY IN FAVOR AND NOT OPPOSED TO WHAT THEY'RE TRYING TO DO IN THAT SECTION OF OUR, OUR LITTLE AREA.

THANK YOU.

THANK YOU.

GEORGIA BREAK, FIVE 15 METCAST STREET.

THE, THE BIGGEST ISSUE I SEE WITH, WITH WHAT THEY WANT TO DO THERE IS THE NOISE LEVEL.

YOU'VE GOT PEOPLE OUTSIDE DRINKING, HAVING A GOOD TIME SOCIALIZING, AND THAT'S ALL WELL AND GOOD, BUT THEN SOMEBODY WANTS SOME MUSIC AND THAT'S, THAT'S, THAT'S WHEN IT COULD GET LOUD.

THERE'S NOTHING IN, UH, THE C FIVE, A ZONING THAT PROHIBITS, PROHIBITS AMPLIFIED SOUND.

AND THAT WOULD BE MY CONCERN.

THANK YOU.

THANK YOU.

THANK YOU.

ANYONE ELSE? YES, I'D LIKE TO ADDRESS.

HOLD ON.

HOLD ON, SIR.

HOLD ON.

YOU GOT SOMEBODY HASN'T SPOKEN YET? NO, SIR.

I'M SORRY.

YOU HAVE SPOKEN, BUT COME ON UP.

YOU WILL STAND UP FIRST.

THANK VERY MUCH.

AND JUST, UH, A COUPLE NOTES ABOUT WORKING WITH EACH OTHER.

I'VE SPOKEN TO BOTH THE OWNERS, THE, THE LEASE AND THE OWNERS.

AND LIKE I, I SAID, I'VE BEEN IN REAL ESTATE FOR 20 YEARS.

IF, IF THEY WANTED TO DO THIS, KNOCKING ON OUR DOORS AND ASKING US TO WORK WITH THEM WOULD'VE BEEN NICE.

UH, AND YES, I'VE HAD MY DISCUSSIONS OUTSIDE, UH, AND THEY WEREN'T NICE.

AND I UNDERSTAND PUBLIC PARKING, I UNDERSTAND EVERYTHING.

BUT TO COME UP HERE AND SAY THEY WERE, WELL, THIS IS THE FIRST TIME THEY'RE HEARING OF IT, IT'S NOT TRUE.

AND WE DID TRY TO HELP.

WE DID TRY TO WORK.

I'M WILLING TO OFFER A SOLUTION IF THEY WERE WILLING TO OFFER A SOLUTION.

BUT NO, WE WERE VERBALIZED TOO, AS A FAMILY.

SO, I MEAN, THERE WAS JUST A BETTER WAY TO HAVE THIS THING WORK, UH, OUT INSTEAD OF GETTING A LETTER.

YOU WANNA COME BACK UP? YOU WANNA COME BACK UP NOW? YES, SIR.

THANK YOU.

OKAY.

ANYONE ELSE? THANK YOU.

[01:10:06]

MY NAME IS NATASHA STEINER.

THANK YOU SO MUCH FOR HOLDING THIS MEETING TODAY.

UM, I'M ONE OF THE OWNERS OF THE PENNIX.

UM, WE'VE DONE FROM THE VERY BEGINNING, WE'VE DONE NOTHING BUT TRY TO ACCENTUATE THE COMMUNITY THAT WE'RE IN.

WE'VE BEEN WELL AWARE THAT WE'RE WITHIN A COMMUNITY IN A RESIDENTIAL AREA.

WE'VE MADE SURE THAT WE DO NOT STAY OPEN LATE.

WE'VE MADE SURE THAT WE DO EVERYTHING THAT WE CAN TO BE A GOOD NEIGHBOR.

UM, WHEN THE SMOKING WAS BROUGHT UP, YOU KNOW, A, A MEDIATOR FROM THE CITY WAS BROUGHT OUT, UM, WE WERE COMPLETELY UN UNAWARE AND ACTUALLY BLINDSIDED BY THE FACT THAT THERE WAS AN ISSUE AT THIS POINT.

UM, PERSONALLY.

UM, I HAPPENED TO BE THERE ON A MONDAY WORKING, WHICH IS THE DAY THAT WE WERE CLOSED.

I WAS DOING THINGS AROUND THE, THE BUILDING AND A POLICE OFFICER KNOCKED AND ASKED IF HE COULD MEDIATE BETWEEN US.

I HAPPILY OBLIGED AND HE TOLD ME OF THE CONCERNS THAT WE WERE HAVING.

AND SO, UM, I TOLD HIM THAT WE ASK PEOPLE WHEN THEY GO OUT TO SMOKE, TO GO TO THE QUEEN SIDE STREET OF THE BUILDING AS THERE'S NO OTHER, UM, NO OTHER RESIDENTS DIRECTLY IN CORRELATION THAT THE, THE SMOKE WOULD AFFECT.

PLUS IT'S, YOU KNOW, WE'RE NOT BREAKING ANY LAWS BY HAVING PEOPLE OUT THERE.

UM, WE MAKE SURE THAT WE ARE VERY VIGILANT ON THIS.

AND, UM, YOU KNOW, THERE'S RESERVE PARKING FOR UPLEVEL BODY WORKS.

PERSONALLY.

SHE HAS MULT.

SHE HAS TWO RESERVED SPOTS AS WELL.

I, UH, ALSO IN THE VERY BEGINNING OF OPENING, UM, WE DIDN'T HAVE A LOT OF STAFF AND I PERSONALLY WAS WORKING, YOU KNOW, MANY, MANY HOURS.

UM, STILL AM, BUT I AM TRYING TO, TO BE A GOOD NEIGHBOR AND WENT AND GOT A MASSAGE FROM MS. BUN, AND IT WAS A VERY GOOD MASSAGE.

SHE TAKES YOU INTO A SEPARATED ROOM, WHICH IS, UM, HAS ZEN MUSIC.

UH, I WAS PERSONALLY SO RELAXED IN THE, IN THE SEPARATED ROOM AND COULD NOT HEAR ANYTHING OTHER THAN THE CALMING MUSIC THAT WAS GOING ON THAT, UH, I ACTUALLY COMPLETELY FELL, FELL ASLEEP DURING THE MASSAGE AND THANKED HER AFTERWARDS BECAUSE IT WAS A VERY GOOD MASSAGE.

I'VE RECOMMENDED MULTIPLE OF MY PATRONS TO GO OVER TO HER, AND I'VE HAD SEVERAL PEOPLE THAT GO TO HER REGULARLY NOW.

UM, WE'VE DONE NOTHING BUT TRY TO BE A GOOD NEIGHBOR IN EVERY SINGLE WAY.

UM, WE'RE NOT ASKING FOR A, UM, PARTY OR A CLUB.

WE NEVER TURN OUR MUSIC UP TO MORE THAN A QUARTER OF THE VOLUME OF OUR, UM, OF OUR CAPACITY.

WE TRY TO ACCENTUATE BY PLAYING EITHER EARLY JAZZ OR, UM, WHAT IS COMMONLY REFERRED TO AS YACHT ROCK, WHICH IS ABOUT IT'S SEVENTIES AND EIGHTIES.

UM, SOFT ROCK.

UM, IF YOU COULD SEE IN THE VIDEO, I KNOW IT WAS A WINDY DAY, BUT THOSE ARE SINGLE PANE WINDOWS AND YOU COULDN'T HEAR ANY NOISE IN MR. BUN'S VIDEO.

AND THERE'S A CONCRETE, THERE'S A THICK CONCRETE WALL BETWEEN OUR UNITS.

SO, UM, I JUST FIND IT DIFFICULT KNOWING, UM, THOSE FACTS TO KNOW TO, TO, AND HAVING BEEN INTO HER ESTABLISHMENT PERSONALLY, THAT SOME OF THE NOISE FILTERS THROUGH.

UM, I ALSO, MULTIPLE TIMES A DAY TURN AWAY INDIVIDUALS THAT ARE WALKING THEIR DOGS IN ORDER AND HAVE A EVEN ASKED PEOPLE THAT HAVE COME IN WITH SMALL DOGS TO PERSONALLY LEAVE THE ESTABLISHMENT AS IT AS IT GOES AGAINST THE HEALTH CO HEALTH CODE REGULATIONS FOR US TO HAVE ANIMALS THAT ARE NOT SERVICING ANIMALS.

UM, SO I'M HAVING TO TURN PEOPLE AWAY.

WE'RE NOT ASKING FOR A LOT, WE'RE JUST ASKING TO ACCOMMODATE MORE OF THE COMMUNITY.

WE LIVE IN AN AREA THAT HAS A LOT OF WONDERFUL FOOT TRAFFIC AND A LOT OF PEOPLE THAT LIKE TO WALK THEIR PETS.

ALL WE'RE ASKING IS TO ACCOMMODATE THAT.

WE HAVE A LOT OF PEOPLE THAT COME IN AND THEY, UM, FREQUENTLY ASK IF THEY CAN BRING THEIR DOGS YET.

AND WE SAY, NO, WE DON'T HAVE A SOLUTION.

WE'RE, WE'RE GOVERNED BY THE HEALTH DEPARTMENT.

THIS IS JUST A SOLUTION TO THAT.

AND TRY TO FURTHER, UM, FURTHER PROVIDE THE COMMUNITY WITH SOMETHING, WITH A SERVICE.

THANK YOU.

THANK YOU.

THANK YOU.

ANYONE ELSE? A MOTION TO CLOSE THE PUBLIC HEARING.

SECOND, HAVE A MOTION TO SECOND TO CLOSE THE PUBLIC HEARING.

ANY FURTHER DISCUSSION? HEARING NONE.

ALL THOSE IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? PUBLIC HEARING

[01:15:01]

IS NOW CLOSED.

MAY I HAVE A QUESTION? YES, SIR.

UM, MA'AM, CITY ATTORNEY, IS THERE REALLY A STATE LAW THAT PROHIBITS SELLING BEER 20 NEXT TO A CHURCH? THAT'S A GOOD QUESTION.

SO THE GENERAL STATUTES OF NORTH CAROLINA ASSIGNED, UM, ALL ALCOHOL RELATED SALE CONCERNS TO THE ALCOHOL BEVERAGE COMMISSION, AND THEY DETERMINE WHETHER SOMEONE GETS A PERMIT.

ONE OF THE CONSIDERATIONS THAT THEY BEAR IN MIND IN ASSESSING AN APPLICATION FOR AN A BC PERMIT IS WHETHER THE ESTABLISHMENT IS IN WITH PRO WITHIN PROXIMITY OF A CHURCH, BUT THERE'S NO PROHIBITION TO SELLING ALCOHOL WITHIN 50 FEET OF A CHURCH.

OKAY.

AND IT'S ALSO NOT A SEA OF NEWBURN DECISION, CORRECT? NO, SIR.

THANK YOU.

AND DOES IT C FOUR, DOES IT PROHIBIT CHURCHES? NO, SIR.

UH, CHURCHES ARE PERMITTED IN ALMOST EVERY ZONING CLASSIFICATION.

SOME ARE PERMITTED BY RIGHT.

AND SOME BY SPECIAL USE PERMIT.

OKAY.

THANK YOU FRILL.

UM, YEAH, I'VE GOT, UH, JUST A COUPLE OF QUESTIONS.

UM, COULD THE APPLICANT COME BACK UP TO THE MICROPHONE? THANK YOU.

UH, IN, IN YOUR PRESENTATION, UM, REGARDING THE ISSUE OF PARKING.

MM-HMM.

, YOU IDENTIFIED THAT THERE WAS A PUBLIC PARKING LOT WITHIN 300 FEET OF YOUR ESTABLISHMENT.

MM-HMM.

.

ARE YOU AWARE THAT THAT'S THE COUNTY LIBRARY PARKING LOT AND NOT A PUBLIC PARKING LOT? YEAH, BUT AS FAR AS I UNDERSTAND, THE PUBLIC LIBRARY PARKING LOT IS PUBLIC.

RIGHT.

THAT WOULD BE MY UNDERSTANDING AS WELL AS THE PARKING ALONGSIDE HANCOCK AND QUEEN.

UM, I MEAN, JUST RECENTLY, UM, THE CAFA PARK WAS APPROVED TO HOST A BASEBALL, UM, MAJOR LEAGUE, A MINOR LEAGUE TEAM.

AND WHEN THE QUESTION WAS RAISED ABOUT PARKING ISSUES, THE ANSWER WAS GIVEN THAT PARKING IS AVAILABLE ON QUEEN STREET AND THE SURROUNDING STREETS TO PARK ON THE STREETS.

NOW A MINOR LEAGUE BASEBALL TEAM HAS A LOT MORE PEOPLE THAT COME TO VISIT THAN OUR BUSINESS CAN HOLD.

AND EVEN IF WE HAD OUTSIDE SEATING, WE WOULD NOT REACH THE AMOUNT OF PEOPLE THAT WOULD COME TO VISIT THE CAFA PARK WHEN THERE'S A BASEBALL GAME.

WHERE DO ALL THOSE PEOPLE THEN PARK? YOU KNOW, WE'RE JUST ASKING FROM A PARKING PERSPECTIVE TO BE TREATED THE SAME WAY AS OTHER BUSINESSES.

WHAT YOU ARE, YOU ARE CERTAINLY CORRECT IN TERMS OF ON STREET PARKING, IT'S AVAILABLE TO ANYBODY.

UM, BUT IF YOU TAKE COUNTY PARKING LOT, THE COUNTY LIBRARY PARKING LOT.

MM-HMM.

IS FOR THE PATRONS FOR THE COUNTY LIBRARY.

OKAY.

UH, IT IS NOT AVAILABLE TO ANYBODY AND EVERYBODY WHO WANTS TO PARK THERE.

OKAY.

SO JUST BE AWARE THAT YOUR PATRONS, UM, YOU KNOW, IF IF THEY'RE BEING DIRECTED TO PARK DOWN THERE, THEY THEY SHOULD NOT BE BECAUSE IT IS FOR THE COUNTY LIBRARY.

OKAY.

NOT FOR JUST ANYBODY IN THE NEIGHBORHOOD THAT WANTS TO PARK THE VEHICLE.

THAT NO, THANK YOU.

I, UH, NO, I APPRECIATE THAT.

UM, IF I WAS, UH, MISUNDERSTANDING THIS THEN, UM, I APOLOGIZE.

I WAS CONFUSED.

I THINK BECAUSE I CAN SEE THAT THERE'S A BOAT STANDING ON THE PARKING LOT, UM, ON THE RIGHT SIDE, WHICH, UM, KIND OF, AND THERE'S A BIG P FOR PARKING.

IT DOESN'T SAY LIBRARY PARKING, IT JUST SAYS PARKING.

SO I GUESS THAT JUST CONFUSED, BUT THANK YOU.

I I'LL APPRECIATE THAT.

YEAH.

JUST, JUST WANTED TO MAKE SURE YOU UNDERSTOOD THAT.

THANK YOU.

YEAH.

UM, ALMAN PRI, HOW, OH, EXCUSE ME.

MAY I INTERJECT SOMETHING? ARE, IS HE REFERRING TO THE PARKING LOT? THAT'S ONE BLOCK DOWN FROM THE BUSINESS OR TWO BLOCKS DOWN? 'CAUSE UH, IS THIS THE PARKING? THIS THIS IS THE COUNTY LIBRARY PARKING LOT.

OKAY.

IT IS NOT THE CITY THAT'S PARKING LOT.

THAT'S NOT THE PARKING LOT, WHICH IS BEHIND THE FARMER'S MUSEUM DOWN.

MM-HMM.

OKAY.

ALRIGHT.

THANK YOU.

HOW MANY, IF I COULD ASK, BETWEEN YOUR REFUSE OR YOUR GARBAGE CANS AND YOUR RECYCLING CONTAINERS, HOW MANY DO YOU HAVE FOR YOUR ESTABLISHMENT? WE HAVE, I BELIEVE, TWO NORMAL TRASH CANS AND THREE RECYCLING CANS.

AND WE ARE HAPPY TO MOVE THOSE OVER

[01:20:01]

IF THEY ARE REALLY AN, AN ISSUE.

THERE'S, WE HAVE SOME, UM, SPACE.

IT IS CLOSER TO THE STREET, SO IT WILL BE MORE VISIBLE.

UM, BUT IF THAT IS THE SOLUTION TO THE PROBLEM, WE'RE HAPPY TO OBLIGE.

I MEAN, THERE'S, THERE'S ABSOLUTELY NO WE ARE EVEN IF WANTED HAPPY TO BUILD A SHED OR SOMETHING THAT WE CAN COVER THOSE, IF THAT IS A CONCERN, IT'S, WE'RE, WE'RE OPEN TO FINDING ANY SOLUTION.

ABSOLUTELY.

WELL, AND, AND AGAIN, I'M JUST, I'M ASKING JUST FOR CLARIFICATION, BECAUSE IN ONE OF THE PICTURES THAT WAS SHOWN, IT APPEARED THAT, UM, THERE WAS ONE OR MORE CONTAINERS MM-HMM.

AT THE OPPOSITE END OF THE BUILDING FROM WHERE YOUR BUSINESS IS AT.

MM-HMM.

.

AND I DIDN'T KNOW WHETHER THOSE MIGHT BE SOME OF YOURS OR, UM, SO THERE IS WHAT THE OTHER BUSINESSES, THE, THE MINISTRY, THE, NOT THE CHURCH, THE, THE MINISTRY, UM, ALSO HAS, UH, TRASH AND RECYCLING AS WELL AS THE LANDLORD OR THE OWNER OF THE PROPERTY IS ALSO ENTITLED TO A RECYCLING CAN AND A TRASH CAN.

UM, WHICH ARE COLLECTIVELY ALL THERE, NOT JUST THE ONES THAT WE HAVE FROM, UH, THE OLD OPENINGS.

AND ALSO, UM, IF, IF I MAY, UM, I WANTED TO SPEAK TO, UM, THE, THE REFERENCE ABOUT THE, THE USE OF THE CHURCH FOR C FOUR.

THAT IS CORRECT.

IT REQUIRES A SPECIAL USE PERMIT.

SO DOES, UM, PUBLIC OR SO DOES SEATING OUTSIDE.

SO, UM, SPECIAL USE PERMITS ARE NOT SPECIAL USE PERMITS REQUIRE A LOT MORE EFFORT AND ARE A LOT MORE EXPENSIVE.

UM, WHICH IS HARD TO DO FOR A SMALL BUSINESS WHO JUST STARTED OUT.

HOWEVER, IT IS AN ALTERNATIVE TO THE REZONING.

UM, WE PROBABLY CANNOT GO THAT ROUTE AS WE ARE A SMALL BUSINESS AND WE CANNOT AFFORD TO HIRE A ARCHITECT TO LAY OUT, UM, THE, THE OUTSIDE SEATING TO THEN REQUEST THE SPECIAL USE PERMIT, WHICH IS WHY I REQUESTED THE REZONING.

UM, BUT THE REZONING ALSO AS A WHOLE, UM, HAS ALREADY, THERE'S ALREADY C FIVE A ZONING OUT THERE.

UM, LEMME GO BACK.

AS YOU CAN SEE HERE AROUND THE TRIUM PALACE.

THIS IS ALL C FIVE.

AND AS YOU CAN SEE THERE, THE BUILDINGS AROUND THEIR PALACE, THOSE ARE RESIDENTIAL, THOSE ARE HOUSES THAT PEOPLE LIVE IN.

AND IT'S C FIVE ZONING.

AND TO THE LEFT YOU CAN SEE THERE'S A BIG BLOCK OF RESIDENTIAL SIX ZONING.

AND THEN THERE'S ALSO COMMERCIAL ZONING, UH, TO THE NORTH AND TO THE EAST AND TO THE WEST.

UM, SO WE'RE, WE'RE NOT ASKING FOR SOMETHING NEW THAT HAS NEVER BEEN DONE, UH, IN THE CITY.

WE ARE FULFILLING THE REQUIREMENT TO BE IN THE HISTORIC DISTRICT.

UM, AND AGAIN, IF THIS ZONING IS APPROVED, WE WILL HAVE TO APPLY FOR FURTHER APPROVAL.

UM, AND WE WILL NOT, WE CANNOT JUST PUT TABLES OUTSIDE.

BUT WE ALSO WOULDN'T, WE WANNA WORK WITH OUR NEIGHBORS.

WE WANNA WORK WITH THE COMMUNITY.

IF THEY ARE COMPLAINTS, THEN WE'RE HAPPY TO HEAR THEM.

MATTER OF FACT, I'VE SEEN A LOT OF PEOPLE THAT CAME IN TONIGHT AND SPOKE UP THAT ALSO COME INTO THE PENNIX AND THAT THAT FREQUENT US, AND THAT ACTUALLY, UM, AS I THOUGHT, ENJOYED THE, THE SERVICE WE PROVIDE.

SO THEY WOULD'VE JUST COME TO US AND GIVE OUR ATTENTION.

MATTER OF FACT, UM, OUR, OUR DIRECT NEIGHBOR, UM, WHO SAID THAT, UM, HE TRIED TO WORK WITH US AFTER THE, UM, THE MEETING AT THE ZONING BOARD, HE CAME OVER AND HE TOLD ME THAT, UM, HE APOLOGIZES NOTHING AGAINST US.

HE HAS A DISPUTE WITH THE LANDLORD.

IT SEEMS LIKE THAT THIS IS WHERE WE BEEN KIND OF CAUGHT INTO.

THIS IS NOT, WE'RE, WE'RE OUTSIDE OF IT.

WE REALLY ONLY WANNA HAVE OUR BUSINESS DO WELL AND SURVIVE.

THAT IS ALL WHAT WE'RE HOPING FOR.

UM, WAS IT YOUR INTENT OR ARE YOU ENVISIONING THAT IF YOU GOT THE APPROVAL THAT YOU'RE LOOKING FOR TO HAVE OUTDOOR SEATING, UM, I BELIEVE YOU MENTIONED THAT AT, UM, YOU WOULD BE OPEN TO FRONT OF THE BUILDING AS WELL AS THE BACK.

CAN YOU WALK, WALK US THROUGH HOW SERVICE, I MEAN, IF YOU HAD SEATING IN THE, I ASSUMING IT'S, IT'S PROPOSED TO BE IN THE GRASS AREA, THE REMAINING GRASS AREA.

MM-HMM.

BEHIND

[01:25:01]

YOUR ESTABLISHMENT.

MM-HMM.

.

HOW WOULD SERVICE HAPPEN FOR THE OUTSIDE AREA? YES.

UHHUH .

SO FOR RIGHT NOW, UM, WE ARE MOSTLY LOOKING INTO THE, THE, THE FRONT AREA FOR THE BACK AREA.

AS IT IS A SEPARATE LOT, WE NEED FURTHER PERMITS AND FURTHER, UM, APPROVAL.

UM, AND DEPENDING ON WHAT WE ARE ALLOWED, OUR PLAN WAS TO HAVE A SERVICE STATION THERE THAT CAN OVERSEE THE OUTSIDE AND CAN MAKE SURE, UM, THAT PEOPLE GET GOOD SERVICE, UM, THAT EVERYBODY IS OKAY.

UM, AND THAT, UH, UM, THE NOISE IS KEPT QUIET, EVEN THOUGH WE'RE NOT PLANNING ON BEING OPEN VERY LONG.

I MEAN, WE, WE CLOSE DURING THE WEEK AT, AT 10 O'CLOCK.

WE'VE BEEN EVEN THINKING ABOUT CLOSING EARLIER BECAUSE WE REALLY DON'T MAKE, UM, A LOT OF SALES AT NIGHT.

MOST OF OUR PATRONS COME IN IN THE MORNINGS OR DURING THE BRUNCH TIME.

THAT'S WHEN WE'RE THE BUSIEST AND WE SELL A LOT OF TOAST.

UM, AND WE, WE DO SELL, UM, DRINKS, ESPECIALLY BODY MARS IN THE MORNING.

SOME PEOPLE SEEM TO VERY MUCH LIKE THAT WHEN THEY COME IN, IN THE MORNING, BUT THEY MAY HAVE ONE.

IT'S NOT THAT HAVE NEVER SEEN ANYBODY GET DRUNK PER SE AT OUR ESTABLISHMENT.

UM, THEY, THEY JUST COME AND ENJOY IT TO SOCIALIZE.

A LOT OF PEOPLE HAVE COMPLIMENTED US THAT WE'RE ONE OF THE ONLY BARS IN OUR, OUR RESTAURANTS IN NEW BERN THAT DON'T HAVE A TV.

YOU CAN COME IN THERE, YOU'RE NOT DISTRACTED.

YOU CAN REALLY FOCUS ON THE PEOPLE YOU CAME IN THERE WITH AND TALK TO THEM AND SOCIALIZE OR SOCIALIZE WITH NEW PEOPLE THAT YOU HAVEN'T MET BEFORE.

AND, UM, I MEAN, THAT'S ALL WE WANT.

WE WANT TO PROVIDE A LOCATION FOR THE NEIGHBORS THAT THEY CAN COME AND JUST ENJOY AND RELAX WITHOUT BEING IN A CROWDED, TOURISTY ENVIRONMENT.

LET, AND LET ME JUST, AGAIN, NOT TO, UM, YOU KNOW, UM, DWELL ON THIS TOPIC.

UH, BUT AGAIN, JUST GETTING BACK TO THE SERVICE QUESTION, UM, YOU HAVE, YOU HAVE A BACK DOOR IN YOUR ESTABLISHMENT.

MM-HMM.

, UM, IT WAS MENTIONED, UM, I THINK BY THE YOUNG LADY, OR I THINK MAYBE YOU HAD MENTIONED, UM, IN YOUR PRESENTATION THAT YOU HAVE, UM, AN OPEN KITCHEN AREA.

MM-HMM.

.

WOULD, WOULD THE FOOD SERVICE GO FROM INSIDE THROUGH YOUR BACK DOOR TO THE BACK SERVICE AREA? YES.

AND SAME THING FOR THE, THE DRINKS THAT YOU SERVE POTENTIALLY? YES.

UH, WE STILL HAVE TO, UM, TALK TO THE, UH, ZONING STAFF AND OTHER STAFF TO SEE WHAT OUR, UM, POSSIBILITIES ARE.

FOR EXAMPLE, IF I TAKE A BEARTOWN MARKET, THEY HAVE A, I BELIEVE IT'S A CADDY OR A LITTLE TRAIN CARD OUTSIDE WHERE THEY SERVE BEVERAGES OUT OF, UM, THIS COULD BE SOMETHING, I'M NOT SAYING WITH TAKING A TRAIN CARD, BUT SOMETHING LIKE THIS AS SERVICE STATION FOR BEVERAGES, THAT COULD BE POSSIBLE FOR THE FOOD SIDE.

THIS WOULD COME FROM THE INSIDE, FROM OUR KITCHEN.

YES.

WOULD YOU BE ENVISIONING EXTENDING THE MUSIC FROM INSIDE YOUR BUSINESS OUTSIDE? NO, WE'RE NOT PLANNING ON HAVING MUSIC OUTSIDE AS WE HAVE A LOT OF NEIGHBORS THAT ARE CONCERNED.

UM, WE DON'T WANT TO CAUSE AN ISSUE.

AND I DON'T THINK, I DON'T BELIEVE WE NEED MUSIC OUTSIDE.

UM, I THINK THAT IF YOU COME THERE AND YOU, YOU WANT TO JUST ENJOY, UM, SOME FOOD, SOME BEVERAGES, BRING YOUR DOG, SOCIALIZE WITH YOUR FRIENDS, I DON'T THINK THAT MUSIC IS REQUIRED AND WE'RE HAPPY TO ACCOMMODATE TO OUR NEIGHBORS AND NOT HAVE ANY MUSIC OUTSIDE.

UM, IT'S ALSO NOT PLANNED.

AND AT THE MOMENT, C FOUR DOES NOT RESTRICT US FROM HAVING MUSIC OUTSIDE OR HAVING PEOPLE OUTSIDE.

WE CAN HAVE A BAND OUT THERE RIGHT NOW PLAYING.

UM, WE DON'T WANNA DO THAT.

YOU KNOW, THE ONLY THING WE'RE RESTRICTED IS WE CANNOT SERVE FOOD OR BEVERAGES.

UM, AGAIN, WE'RE, WE'RE A NEIGHBORHOOD SPOT, YOU KNOW, IF, IF MUSIC SEEMS BOTHERING THEM, WE'LL NOT HAVE IT.

I THINK ACCOMMODATING PEOPLE THAT JUST WANT TO ENJOY THE WEATHER.

THAT'S, THAT'S ENOUGH.

OKAY.

THANK YOU.

THANK YOU.

ANY, ANY FURTHER QUESTION? COULD I ASK THE PROPERTY OWNER TO COME TO THE MIC? SURE.

YES, SIR.

I THINK

[01:30:01]

YOU HAD MENTIONED THAT, UM, MS. BOND HAS TWO DEDICATED PARKING SPACES OUT FRONT.

YES.

NOT PART OF HER LEASE, BUT SHE HAD REQUESTED, FOR SOME REASON, SHE'S SCARED ABOUT PARKING.

NOW, THIS YOUNG LADY DEALS WITH ONE PERSON AT A TIME.

SHE HAS A, A MASSAGE THERAPY PLACE, AND SHE DEALS WITH ONE CAR, COMES IN AT A TIME, THEY'RE WITH HER WITH WHATEVER TIME.

BUT SHE NEEDED, FOR SOME REASON, MULTIPLE PARKING SPOTS IN WHICH I ACCOMMODATED HER, NOT THAT PARKING IS PART OF HER.

I GAVE HER PARKING WITH SIGNS THAT SHE GAVE ME.

AND THEN, SO THAT'S THAT.

SO, I MEAN, THOSE PARKING SPACES ARE CLEARLY MARKED AS, CLEARLY MARKED WITH THE SIGNS SHE GAVE ME, WHICH I PUT UP, WHICH SAID, FOR, FOR, FOR WHATEVER NAME OR BUSINESS IS.

YES.

AND THERE'S PLENTY OF PARKING.

I MEAN, THERE'S, THERE'S NOT AN ISSUE ABOUT PARKING DOWN THERE.

THAT'S, THAT'S REALLY NOT THE ISSUE HERE.

UM, PARKING'S NOT AN ISSUE THERE.

THERE'S FOUR PARKING SPOTS IN THE FRONT.

SURE.

IF YOU'RE PREMIUM AND YOU GET THERE AND YOU GOT 'EM, THAT'S FINE.

THE, THE, THE, THE CITY MADE ME PUT, YOU KNOW, SIX SPOTS IN THE BACK, EIGHT SPOTS IN THE BACK, WHICH I PAID FOR THOUSANDS OF DOLLARS.

UM, IF I'D HAVE GONE TO THE CITY AND SAID, HEY, IN THIS HISTORIC DISTRICT CAN I PUT PARKING IN? THEY'D HAVE TOLD ME NO.

BUT I PUT IT IN, THEY CAME TO ME AND SAID, KENDRICK CAME, CAME TO ME AND SAID, HEY, YOU KNOW, FOR THE ZONING, FOR THE, FOR THE BUILDING, YOU NEED TO HAVE X AMOUNT OF SPOTS.

SO I PUT 'EM IN AND THERE'S PLENTY OF PARKING DOWN ON QUEEN STREET.

WELL, TALKING MR. ROGERS, I MEAN, YOU'RE, YOU'RE SORT OF INTIMATING THAT, UM, BECAUSE YOU'RE SUCH A GOOD PROPERTY OWNER THAT YOU VOLUNTARILY PUT THEM IN.

YES, SIR, I DID.

BUT WHAT THE RE YOU HAD A REQUIREMENT, THE CITY IMPOSED A REQUIREMENT FOR OFF STREET PARKING, IS THAT CORRECT? NO, SIR.

NOT, NOT WHEN, UH, NOT WHEN, NO, NO, THAT'S NOT CORRECT.

THAT'S NOT CORRECT.

I HAVE THE PROPERTY THERE BECAUSE I HAVE AN EXTRA LOT NEXT DOOR.

AND THEN THE CITY CAME TO ME, KENDRICK CAME TO ME AND SAID, HEY, MR. ROGERS, YOU NEED TO PUT A, I MEAN, IT WAS LIKE A MONDAY MORNING CALL.

YOU NEED TO PUT PARKING IN FOR YOUR, FOR YOUR BUILDING.

AND, AND I KIND OF UNDERSTAND THAT HAVING COME FROM MARYLAND, YOU KNOW, FOR OCCUPANCY.

AND SO I DID WHAT THE CITY TOLD ME.

OH, OKAY.

I, I, AND SO THAT'S, I MEAN, NOT ONLY ARE THE FOUR IN THE FRONT, IT MADE ME PUT SIX IN THE BACK, PLUS THERE'S 12 OTHER SPACES, YOU KNOW, AND THERE'S, SO THIS, THE CITY OFFICIAL ADVISED YOU THAT YOU NEED NO, NO, HE GAVE ME THE PLAN PLAN AND HE TOLD ME, HE GAVE ME THE PLAN.

HE ACTUALLY GAVE ME A DIAGRAM AND SAID, THIS IS WHAT YOU NEED TO DO TO QUALIFI.

RIGHT.

THE, THE OPERATIVE WORD IS NEED.

SO YOU WERE DIRECTED THAT YES, SIR.

THAT YOU HAD TO PUT OFF STREET PARKING IN? YES, AND I DID BECAUSE I HAVE THE PROPERTY.

AND, AND SO YOU DID COMPLY WITH THAT? YES, SIR, I DID.

AND YOU ADDED A FEW MORE, IT SOUNDS LIKE.

YES, SIR, I DID.

OKAY.

WELL, THAT'S WHAT I'M TRYING TO CLARIFY.

YEAH.

YOU KNOW, I I YOU DIDN'T JUST VOLUNTARILY OH, NO SIR.

IF I WOULD ASKED FOR IT IN THE HISTORIC DISTRICT, THEY WOULD'VE SAID YOU CAN'T DO IT, I THINK.

OKAY.

OKAY.

ALRIGHT, LET'S, WHAT I'M SAYING IS I PUT ON THE SIX PARKING, I SAID, LET'S CALM DOWN A MINUTE.

LET'S HAVE A, A GENERAL CONVERSATION HERE.

WE'RE GETTING A LITTLE BIT EMOTIONAL HERE ABOUT SOME PARKING ON THE BUILDING.

NO, I'M SAYING I SIR, SIR, I'M SPEAKING.

OKAY.

YES, SIR.

THANK YOU.

I WAS JUST TRYING TO CLARIFY THIS, YOUR STATEMENT ABOUT THE PARKING, BECAUSE I KNOW FULL WELL THAT WHEN A BUSINESS OPENS UP OFF STREET PARKING IS A REQUIREMENT.

YES, SIR.

IT'S A REQUIREMENT OF THE CITY.

AND YOU, YOU WERE KIND OF CONTRADICTING YOURSELF SAYING THAT I WAS TOLD THAT I HAD TO PUT IT IN.

UM, BUT THEN YOU ALSO INDICATED THAT YOU SORT OF VOLUNTARILY PUT IT IN.

UH, AND I JUST WANNA MAKE SURE THAT MY COLLEAGUES UP HERE, AS WELL AS ANYBODY IN THE AUDIENCE UNDERSTANDS CORRECT.

THAT YOU WERE REQUIRED TO PUT IN THE OFF STREET PARKING.

THAT IS CORRECT.

FOR THE BUILDING OCCUPANCY.

OKAY.

FOR OF, OF THE THREE UNITS BEING THE, THE, THE MINISTRY.

RIGHT.

THE, UH, THERAPY AND THE PENNIX.

OKAY, THANK YOU.

YES, SIR.

UM, IN, IN TERMS OF THE, THE REAR DRIVEWAY THAT EXITS OUT ONTO QUEEN STREET.

YES, SIR.

IS THAT USED AS AN ENTRANCE ONLY OR AN EXIT ONLY? IT'S, WELL, BACK WHEN I BOUGHT IT FROM MR. HOLLOWS, YOU COULD DRIVE FROM, UH, HANCOCK AROUND THE BACK OF THE BUILDING, AS YOU CAN SEE IN PHOTOS

[01:35:01]

OUT ONTO QUEEN STREET.

RIGHT.

UM, NOW IT'S GONNA BE BLOCKED OFF SO THAT THE PENNIX IS ITS OWN PROPERTY AND THE, AND THE LOT IS ITS OWN PROPERTY.

AND THAT'S, THAT'S WHAT'S WHAT'S, SO THE, THE QUEEN, THE, THE QUEEN STREET, THE DRIVEWAY THAT EXITS ONTO QUEEN STREET, THAT THAT FENCE IS GONNA BE CLOSED OFF.

SO THERE WILL BE NO EXIT ONTO QUEEN STREET? NO.

YOU'LL BE ABLE TO ENTER INTO QUEEN STREET AND ENTER ONTO THAT LOT TO THE END OF THE LOT THAT'S THERE.

IT'S A SEPARATE, IT'S A, IT'S A, IT'S LIKE THERE WAS A HOUSE THERE AND, AND SO YOU'LL BE ABLE TO COME IN OFF OF QUEEN STREET.

OKAY.

AND, BUT YOU WON'T BE ABLE TO GET TO HANCOCK AS PER THE PLANS WITH THE, WITH THE HISTORIC AND THE FENCE AND THE PARKING, THE PARKING THAT THEY WANTED ME TO PUT IN PROHIBITS GOING AROUND THE BUILDING ANYMORE.

DOES THAT MAKE SENSE? UM, YOU CAN GO BACK TO PHOTO.

WELL, I THINK SO, BUT IT IS CONFUSING.

WELL, SO, SO RIGHT NOW YOU CAN COME IN OFF OF HANCOCK YEAH.

AND DRIVE AND COME OUT ON QUEEN.

IT'S LIKE A HORSESHOE AROUND THE BUILDING, WHICH HAS BEEN THAT WAY FOR A HUNDRED YEARS.

UH, BECAUSE THE LOT NEXT DOOR, I'M GONNA PUT A FENCE IN PARKING AS THE, AS AS, UH, THE CITY REQUIRED FOR THE PARKING SPACES, AND THAT WILL STOP YOU COMING AROUND.

OKAY.

THAT'S ALL.

IT'S JUST KIND OF, SO ANY, ANY PARKING THAT TAKES PLACE WILL ENTER AND EXIT OFF OF HANCOCK? THAT'S CORRECT.

AND OR OFF OF QUEEN, THESE TWO SEPARATE ENTRANCE, THERE'S, THERE'S ACTUALLY TWO APRONS ON QUEEN AND ONE EIGHT AND ONE ENTRANCE ON C**K.

UM, SO WITH THE, THE PORTION THAT YOU'RE TALKING ABOUT SEPARATING OFF, UM, BEHIND THE PENNIX.

YES, SIR.

WHERE WOULD A VEHICLE COMING IN OFF OF QUEEN ENTERING IN THAT DRIVEWAY, WHERE WOULD IT PARK? IF THERE IS, THERE IS ACTUALLY NO PARKING.

THERE IS SEATING OFF OF QUEEN.

THAT'S THE AREA THAT, WHERE THEY WERE, THAT THAT IS PROPOSED TO HAVE A RECREATION AREA WITH, WITH PICNIC TABLES, CORNHOLE AND A FAMILY AREA, A GREEN SPACE FOR THE BACK OF THE PENNIX.

I UNDERSTAND.

SO THAT'S ALL GONNA BECOME GREEN SPACE, NOT A, SO THERE WOULD, SO THERE WOULD NOT BE VEHICLE ACCESS.

I WOULD IMAGINE THAT STEVE, I, I HAVEN'T SEEN THIS PROPOSAL, BUT I WOULD IMAGINE THAT THAT'S NOT GONNA BE AN ENTRANCEWAY ANYMORE OFF OF QUEEN BECAUSE OF HIS FAMILY FRIENDLY, YOU KNOW, GOING ON IN THE BACK OF THE PEX, WHEREAS THE PARKING OFF OF HANCOCK HAS TO COME IN TO THOSE PARKING SPOTS.

RIGHT.

OKAY.

COULD YOU, COULD YOU COME UP AF AFTER THIS? WE'RE GONNA MOVE ON.

WE'VE GOT ANOTHER ALDERMAN THAT WANTS TO SPEAK.

UM, WOULD YOU BRING, WOULD YOU MIND MY PRESENTATION AGAIN? YES.

I'M SORRY.

THANK YOU.

UM, MAYBE, MAYBE HERE WE CAN SEE IT.

UM, AS YOU CAN SEE HERE, THE, UH, LOT TO THE NORTH, THAT'S WHAT MR. ROGERS REFERS TO AS THE QUEEN STREET LOT.

AS A MATTER OF FACT, IT'S A, A QUEEN STREET ADDRESS.

THE LOT ON THE BOTTOM.

YEP.

THE SIX 20.

YEP.

PERFECT.

THANK YOU.

UM, SLIDE FOUR, IF YOU, SO AS YOU CAN SEE HERE, THAT SHOWS IT A LITTLE BETTER.

UM, THE TOP LOT, UM, IS THE, THE GRASS LOT.

UM, AND AS OF NOW, WE DON'T HAVE A PLAN.

AS I SAID, WE STILL HAVE TO GET WITH THE HISTORIC PRESERVATION COMMISSION, WITH THE ZONING STAFF TO SEE WHAT OUR POSSIBILITIES ARE AND THAT WE DON'T INTERRUPT THE NEIGHBORHOOD.

SO THIS LOT THOUGH, IS PLANNED TO POTENTIALLY BE DEVELOPED FOR SOME OUTSIDE SEATING.

UM, THE WHITE AREA, YOU CAN SEE HERE, THAT IS THE PARKING LOT.

AND WHAT IS A LITTLE HARD TO SEE IS THAT AT THE, THE BORDER OF THIS WHITE AREA, THERE'S A FENCE, UM, THAT'S GONNA BE PUT IN, WHICH WILL, UM, PROHIBIT, UM, CARS FROM DRIVING THROUGH THERE, AND THERE WILL BE A GATE.

SO YOU CAN WALK THROUGH THERE, BUT CARS WILL NOT BE ABLE TO GO THROUGH THERE.

WHAT YOU CAN SEE ON THE RIGHT SIDE, UM, IN THE, THE, THE LITTLE WHITE, UH, RECTANGULAR THAT'S STICKING OUT, THAT HAS BEEN PROPOSED BY THE ZONING STAFF AS A BACK OUT AREA.

THOSE ARE NOT PARKING LOTS.

THOSE ARE BACK OUT SPACES TO LEAVE THE, UM, PARKING LOT.

SO THIS, THERE, THERE IS A PLAN PROVIDED BY THE CITY ON HOW THIS PARKING LOT HAS TO LOOK LIKE.

UM, THEY SUGGESTED SIX, UM, THE SPACE

[01:40:01]

ALLOWED FOR EIGHT, UM, PARKING SPOTS.

AND YOU CAN COME IN, YOU CAN PARK, AND THEN YOU CAN PULL OUT INTO THIS RECTANGULAR, INTO THIS RECTANGULAR AREA, AND THEN LEAVE, UM, THE PARKING LOT THROUGH, UM, HANCOCK.

OKAY.

THANK YOU.

I HOPE THAT CLARIFIES IT UP.

I THANK YOU.

OKAY.

THANK YOU ALDER MCKENZIE, I'D LIKE FOR STAFF TO COME BACK UP BECAUSE SEEM LIKE IT'S A LOT OF MISUNDERSTANDING HERE.

EVERYBODY HAVE ACTUALLY HAD AN OPPORTUNITY TO SPEAK THEIR EMOTIONS TONIGHT.

WE ARE NOT HERE FOR EMOTIONS.

WE ARE HERE TO SOLVE A PROBLEM.

SO I'D LIKE FOR STAFF TO EXPLAIN THE INCONSISTENCY THAT IS GOING ON WITH THIS SITUATION HERE.

OKAY.

WE, WE, WE, THAT'S WHAT WE ARE TRYING AND JUST RESOLVE.

WE'RE NOT HERE TO RESOLVE EMOTIONS ABOUT THIS AND THAT WE NEED TO GET ON WITH THE SITUATION.

WOULD YOU PLEASE EXPLAIN TO THEM ONE MORE TIME WHAT THE PROBLEM IS AND THE INCONSISTENCY? IS THAT NOT WHAT WE ARE HERE FOR TONIGHT? YES, SIR.

SO STAFF DOES NOT RECOMMEND ONE WAY OR THE OTHER.

STAFF DOES PRESENT ITS OWN ANALYSIS OF WHETHER OR NOT THIS IS REASONABLE BASED OFF OF EXISTING CONDITIONS AS WELL AS OUR PLANS.

UH, THIS COULD VERY WELL BE CONSIDERED REASONABLE.

THE C FIVE A ZONING DISTRICT IS INTENDED FOR THE HISTORIC DISTRICT, UH, ALSO ON THE TABLE OF USES.

THIS PARTICULAR USE, ALTHOUGH WE'RE NOT SUPPOSED TO CONSIDER AS STAFF, A PARTICULAR USE WHEN DOING THIS TYPE OF REZONING IS PERMITTED BY WRIGHT.

IT'S ALSO PERMITTED BY SPECIAL USE IN THE C FOUR ZONING DISTRICT.

UH, AS FAR AS INCONSISTENCIES ARE CONCERNED, THERE ARE SEVERAL DIFFERENT ZONING DISTRICTS WITHIN A VERY SHORT AREA.

UH, SO TYPICALLY WHAT YOU WOULD SEE IS A TRANSITION DISTRICT BETWEEN COMMERCIAL DISTRICTS AS WELL AS RESIDENTIAL DISTRICTS.

UH, ONE OF THE PRIME EXAMPLES WOULD BE THE TRAIN STATION, UH, INDUSTRIAL USES IS, IS VERY, IT'S A VERY HARSH TRANSITION TO A RESIDENTIAL ZONING DISTRICT.

UH, SOMETHING SUCH AS C FIVE A COULD BE CONSIDERED UNREASONABLE, BUT ALSO VERY REASONABLE.

MY MOTION IS TONIGHT TO KEEP IT AS IT'S OKAY.

SO, UH, JUST FOR CLARIFICATION FROM THE ATTORNEY, YOU WOULD NEED TO INCLUDE IN YOUR MOTION THAT YOU ARE DENYING THE REQUEST OF REZONING AND STATE THE REASON WHY.

IS THAT CORRECT, MR. ATTORNEY? Y YES, SIR.

BECAUSE OF THE INCONSISTENCY, SIR ALDERMAN KINZIE IS THE INCONSISTENCY BASED ON THE STAFF REPORT AND THE PUBLIC COMMENTS THAT YOU RECEIVED ON STAFF SUPPORT WHAT STAFF HAS REVIEWED.

OKAY.

SO BASED ON THE STAFF REPORT AND THE PUBLIC COMMENTS TONIGHT YES.

YOUR MOTION IS TO DENY CORRECT THE REZONING APPLICATION FINDING THAT IT'S INCONSISTENT AND UNREASONABLE BASED ON THOSE FACTORS.

CORRECT.

SO WE HAVE A MOTION, DO WE HAVE A SECOND? SECOND, HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? IT LET ME ASK, UM, YES, SIR.

THIS WAS DENIED BY PLANNING AND ZONING, CORRECT? THAT IS CORRECT.

AND THEY RECOMMENDED A DENIAL FIVE TO TWO.

YES, SIR.

THANK YOU.

UH, BEFORE ANYBODY ELSE HAVE ANY COMMENTS? UM, WELL, I GUESS ONE, I GUESS QUESTION FOR, UM, THE BOARD, UM, WHETHER ANYBODY WOULD HAVE ANY DESIRE TO, UH, MAYBE CONTINUE THIS TO ANOTHER MEETING? CERTAINLY SOMETHING THE BOARD CAN DISCUSS.

UM, I, I, I DON'T HAVE ANY DESIRE WE'VE BEEN HERE FOR, I DON'T HAVE ANY DESIRE FOR IT.

NOT ANY MORE EMOTIONS.

WE ARE HERE FOR ONE PROBLEM TO RESOLVE THAT.

LET'S DO THE RIGHT THING, MAN.

I JUST, UM, WANNA MAKE A FEW COMMENTS.

UM, REZONINGS ARE BECOMING MY LEAST FAVORITE THING TO DO.

UM, IT'S PART OF THE JOB, SO WE'VE GOTTA DO IT, BUT THEY SEEM TO GET MORE COMPLICATED AND COMPLEX.

UM, I'M LOOKING FOR THE ATTORNEY FOR SOME DIRECTION.

WHEN WE HAVE A PUBLIC HEARING, UH, IT'S SORT OF BEEN THE GUIDANCE THAT, YOU KNOW, AS LONG AS PEOPLE AREN'T CURSING USING FOUL LANGUAGE MM-HMM.

, UH, YOU CAN ALMOST SAY WHATEVER YOU WANNA SAY.

UM, IF THINGS ARE BEING SAID THAT ARE SPECULATIVE, UH, DO WE HAVE THE BURDEN OF THE CITY OF CALLING THAT OUT AND SAYING THAT IS INCORRECT? OR DO WE JUST GIVE 'EM THE MICROPHONE AND LET 'EM SAY WHAT THEY WANT TO SAY? I, I THINK IT'S A VERY DIFFICULT POSITION FOR YOU ALL TO BE IN, TO BE FACT FINDERS IN THIS CIRCUMSTANCE.

MM-HMM.

, UH, BECAUSE YOU, YOU ALL MAY

[01:45:01]

HAVE ALL THE INFORMATION OR YOU MAY NOT.

UM, THE GUIDANCE FROM OUR OFFICE WOULD BE TO ALLOW MEMBERS OF THE PUBLIC TO MAKE COMMENTS SO LONG AS THOSE COMMENTS ARE GERMANE, UM, TO THE, THE ITEM AT ISSUE.

SO THAT WORD IS VERY IMPORTANT BECAUSE PARKING BAR CRAWLS, ALL OF THAT IS NOT NECESSARILY GERMANE TO A, THIS PARTICULAR REZONING BECAUSE THE REQUEST IS TO GO FROM C FOUR TO C FIVE A.

MM-HMM.

.

SO A LOT OF THE QUESTIONS THAT OFTENTIMES COME UP DURING THESE REZONING HEARINGS ARE NOT NECESSARILY RELEVANT.

WE'RE TALKING ABOUT SPECIFIC THINGS THAT THE APPLICANT MAY HAVE SHARED WITH US THAT THEY'RE NOT REQUIRED TO SHARE WITH US.

SO THEREFORE, WE'RE LOOKING AND WE'RE DIGGING SO DEEP INTO THE WEEDS WITH THESE SITUATIONS THAT I FEEL LIKE OFTENTIMES WE GET OUT ON LEFT FIELD.

MM-HMM.

THE ISSUE TONIGHT, AND I WANT STAFF TO, TO TELL ME IF I'M RIGHT WITH THIS.

EVERYTHING THAT THE PENNIX IS OPERATING BY TODAY, THEY ARE OKAY TO CONTINUE TO OPERATE EXACTLY AS THEY ARE BECAUSE THEY HAVE MET THE PARKING REQUIREMENTS THAT STAFF SHARED WITH THEM.

IS THAT CORRECT? THAT'S CORRECT.

SO IF THIS WERE TO BE REZONED, THEY WOULD THEN HAVE TO GO THROUGH ANOTHER PROCESS IN ORDER TO GET THE APPROVAL TO HAVE OUTDOOR SEATING AND DRINKING? THAT'S CORRECT.

THERE ARE SEVERAL PROCESSES.

OKAY.

AND OTHER THAN THAT, I'M LOOKING AT THE TABLE OF PERMISSIBLE USES, WE HAVE TO CONSIDER THAT EVERYTHING THAT'S ALLOWABLE IN C FIVE A WOULD THEN BE ALLOWABLE IN CASE THE PENNIX LEAVES AND THIS GENTLEMAN LEASES IT TO SOMEONE ELSE.

ALL OF THOSE DIFFERENT OPTIONS COULD BE BY RIGHT? IF IT'S LISTED BY RIGHT.

THEY COULD DO THAT WITHOUT ANY QUESTIONS ASKED.

IS THAT CORRECT? THAT'S CORRECT.

OKAY.

THANK YOU.

ANY FURTHER DISCUSSION? LET'S HAVE A ROLL CALL STARTING WITH ALDERMAN ROYAL.

ALDERMAN ROYAL? YES.

ALDERMAN ASTER? NO.

ALDERMAN KENZIE? YES.

ALDERMAN BEST? NO.

ALDERMAN BRISSON? YES.

YES.

ALDERMAN FRILL.

AND THIS IS A MOTION TO DENY, CORRECT? CORRECT.

THAT IS CORRECT, YES.

I'M SORRY.

YES.

MAYOR ODOM? NO.

WHAT'S THE TALLY MA'AM? DEAR? ARE FOUR IN FAVOR OF THE MOTION AND THREE AGAINST? OKAY, SO MOTION CARRIES.

SO THE REZONING IS DENIED, IS THAT CORRECT? YES.

OKAY.

MOVING ON TO ITEM NUMBER EIGHT.

CONSIDER ADOPTING A RESOLUTION AUTHORIZING THE EXECUTION, AND I WOULD ASK THAT YOU PLEASE LEAVE RESPECTFULLY.

UM, SO WE CAN CONTINUE WITH THE MEETING, PLEASE.

IF YOU HAVE CONVERSATIONS, YOU CAN HAVE THOSE OUTSIDE IN THE FOYER.

NEXT

[8. Consider Adopting a Resolution Authorizing the Execution of a Contract with Water Worxs Services, LLC. for the FY24 Water and Sewer Improvements Project.]

UP IS ITEM NUMBER EIGHT.

CONSIDER ADOPTING A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH WATERWORKS SERVICES LLC FOR THE FY 24 WATER AND SEWER IMPROVEMENTS PROJECT, MR. JORDAN HUGHES.

ALRIGHT, MAYOR, MEMBERS OF THE BOARD.

THANK YOU.

UH, WHAT YOU HAVE BEFORE YOU WITH THE NEXT ITEM IS RECOMMENDATION TO APPROVE A CONSTRUCTION CONTRACT WITH WATER WORKS.

UH, LLC.

WE RECENTLY OPENED BIDS FOR OUR FY 24 WATER AND SEWER IMPROVEMENTS PROJECT.

WE HAD FIVE BIDDERS AND THIS, THIS WAS THE LOW BID, UH, WITH A BID OF $503,000.

UM, WE'RE LOOKING TO GET THE, UH, PROJECT STARTED IN THE FIRST COUPLE WEEKS OF MAY.

UH, THE LAST STEP IN INITIATING THE CONTRACT IS YOUR APPROVAL TONIGHT.

I'D BE HAPPY TO ANSWER ANY QUESTIONS ABOUT THE BIDDING PROCESS OR THE PROJECT IN GENERAL.

DOES BOARD HAVE QUESTIONS? YES, I DO.

YES, SIR.

MR. KINZIE, UH, MR. HUGS? YES, SIR.

HUGHES, I TALKED TO YOUR BROTHER THE YOUNGER ONE AS WE'VE THE YOUNG ONE.

YES.

NORMALLY, UM, I'M A LITTLE HOIST TONIGHT.

UH, UM, WHEN WE BID ON A CONTRACT, UH, ARE WE LOOKING FOR THE LOWEST BIDDER? AND ARE WE LOOKING TO COME IN AND TAKE THE SLACK TO DO SOME OF THE THINGS TO SAVE MONEY? ARE WE GONNA ALLOW THE CONTRACTOR TO COMPLETE THE TASK? THAT'S A GOOD QUESTION, HONOR MCKENZIE.

SO WHAT, WHAT WE'RE REQUIRED TO DO BY STATE LAW IS, IS RE WE, WE TAKE THE LOWEST, UH, RESPONSIVE AND RESPONSIBLE BIDDER.

SO RESPONSIVE MEANS THEY HAVE COMPLETED ALL THE REQUIREMENTS OF THE BIDDING.

SO THEY HAD ALL THE, THE REQUIRED FORMS, UH, INSURANCE CERTIFICATES, THINGS LIKE THAT.

THEY GOT A GENERAL CONSTRUCTION LICENSE.

THEY, THEY ARE RESPONSIVE.

UM, RESPONSIBLE MEANS THAT THEY, WE THINK THEY HAVE THE CAPABILITY TO WORK.

AND IN DOING THAT, IT'S EITHER A CONTRACTOR WE'VE WORKED FOR IN THE PAST OR WORKED WITH IN THE PAST THAT WE UNDERSTAND THEIR CAPABILITIES AND ARE COMFORTABLE WORKING WITH 'EM.

OR IT'S ONE WE HAVE REVIEWED REFERENCES, LOOKED AT WORK THEY'VE DONE, AND WE'RE COMFORTABLE

[01:50:01]

WITH THEIR CAPABILITIES PERFORMED, YOU KNOW, THE JOB.

SO WHAT WE'VE GOT HERE IS A CONTRACTOR THAT PROVIDED ALL THE REQUIREMENT BID DOCUMENTS, AND WE REVIEWED THEIR WORK IN PAST PROJECTS AND, AND FEEL LIKE THEY GOT THE CAPABILITIES TO PERFORM THIS TASK.

SO WE ARE NOT GOING TO USE STAFF TO SAVE MONEY.

THAT IS CORRECT.

PROJECT, CORRECT? YES, SIR.

SIR, THERE, THERE IS NO STAFF INVOLVED IN THIS? YES, SIR.

IT'S A TURNKEY PROJECT FOR THE CONTRACTOR.

SO THEN THEY'RE GONNA COME IN WITH ALL OF THE EQUIPMENT THAT WE DON'T HAVE TO GO RUN FROM ONE DEPARTMENT TO BAR TO COME OVER TO HELP OUT.

YES, SIR.

THIS INCLUDES ALL REQUIRED, UH, EQUIPMENT, LABOR MATERIALS, EVERYTHING'S REQUIRED TO DO THE JOB.

THE ONLY PLACE THE CITY WOULD ASSIST, AND THIS IS TYPICAL FOR ANY CONTRACT, UH, WE, WE DO TIE-INS FOR UTILITIES.

SO WE'RE CONNECTING A NEW WATER LINE TO AN OLD ONE.

SOMETIMES THERE'S MULTIPLE VALVES THAT NEED TO BE OPERATE AT THE SAME TIME WHERE I, OUR GUYS KNOW WHERE THEY ARE, THEY KNOW HOW TO OPERATE 'EM, WE'RE MORE COMFORTABLE WITH OUR STAFF ASSISTING THOSE TIE-IN ARRANGEMENTS.

BUT OTHER THAN THAT, THE CONTRACT TAKES CARE OF ALL THE CONSTRUCTION.

THANK YOU.

JORDAN.

QUESTION FOR YOU ON THE, UM, THE BIDDING PROCESS.

I, I THINK I'VE PROBABLY ASKED THIS BEFORE.

WE DON'T HAVE ANY SORT OF POINT OR RANKING SYSTEM TO GIVE PRIORITY TO LOCAL CONTRACTORS.

DO WE? WE, WE DON'T, WE TRY AS MUCH AS POSSIBLE TO, TO ENCOURAGE LOCAL CONTRACTORS.

UH, UH, IN ADDITION TO JUST DOING THE FORMAL ADVERTISEMENT LIKE WE'RE REQUIRED TO DO, WE ACTUALLY REACH OUT TO ALL OF OUR KNOWN LOCAL CONTRACTORS WE WORK WITH.

WE SEND THEM THE BIDS, WE SEND 'EM THE PLAN SPECS, TRYING TO RECRUIT THOSE LOCAL CONTRACTORS AS MUCH AS WE CAN.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS? UH, JORDAN, UH, DOES THE CITY HAVE EXPERIENCE WITH THIS PARTICULAR CONTRACTOR FROM THE PAST PROJECT? NO, SIR.

THIS IS ONE THAT HAS NOT WORKED FOR US BEFORE.

UH, AFTER REVIEWING THE BIDS, WE'VE REVIEWED SOME WORK THEY'VE DONE IN OTHER PLACES.

TALKED TO SOME ENGINEERS THAT HAD WORKED WITH 'EM OTHER PLACES.

UH, THEY ALL HAD, YOU KNOW, UH, GOOD THINGS TO SAY ABOUT 'EM, NO NEGATIVE COMMENTS THAT THEY FELT THEY'D BE CAPABLE TO DO THE WORK WE HAVE IN THIS PROJECT.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS? IT'S A PLEASURE OF THE BOARD.

ON ITEM NUMBER EIGHT, MAY I MAKE A MOTION TO ADOPT THE RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH WATER WORK SERVICES LLC FOR THE FISCAL YEAR 24 WATER AND SEWER IMPROVEMENT PROJECT? SECOND.

SECOND.

I HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? HEARING NONE LAST, HAVE A ROLL CALL STARTING WITH ALDERMAN ASTOR.

ALDERMAN ASTOR.

YES.

ALDERMAN KENZIE.

YES.

ALDERMAN BEST? YES.

ALDERMAN BRISSON.

YES.

ALDERMAN CRELL.

YES.

ALDERMAN ROYAL? YES.

MAYOR ODOM? YES.

MOTION CARRIES.

THANK YOU, JORDAN.

THANK YOU.

UH, NEXT UP BOARD

[Items 9 - 11]

IS ITEMS, UM, NINE THROUGH 11.

UM, I'VE GOT A NOTE THAT IF WE WANT TO CONSIDER THESE AT THE SAME TIME, WE CAN, UH, BUT THESE ARE ADOPTING A RESOLUTION AMENDING THE ADVISORY COMMITTEE, UM, I GUESS RESOLUTIONS THAT ESTABLISH THOSE TO AMEND THOSE TO ALLOW FOR PUBLIC COMMENT.

AND I BELIEVE OUR ATTORNEY'S GONNA GIVE US SOME DIRECTION.

THAT'S CORRECT.

MAYOR, MEMBERS OF THE BOARD.

UM, I THINK IT WAS THE FEBRUARY 27TH MEETING WHERE YOU DIRECTED OUR OFFICE TO PREPARE RESOLUTIONS FOR YOUR CONSIDERATION TO INCLUDE A REQUIREMENT BY OUR ADVISORY BOARDS TO CONDUCT A PUBLIC COMMENT PERIOD.

SO BEFORE YOU, TONIGHT, YOU HAVE THE, UH, A RESOLUTION REGARDING THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, THE MSD COMMITTEE AND THE STAND, THE WHITE RECREATION, UM, ADVISORY COMMITTEE THAT WILL REQUIRE EACH OF THOSE ADVISORY COMMITTEES TO HOLD A PERIOD OF PUBLIC COMMENT AT AT LEAST ONE REGULARLY SCHEDULED MEETING AS OFTEN AS THEY NEED.

AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

BOARD HAVE QUESTIONS? I HAVE SOME COMMENTS.

YES, MA'AM.

GO RIGHT AHEAD.

UM, I DON'T HAVE A PROBLEM WITH ANY OF THESE ADVISORY COMMITTEES FOR AS HAVING, UH, PUBLIC INPUT.

UM, BUT I KNOW WITH A LOT OF, UM, DIFFERENT COMMITTEES AND BOARDS AS, AS WE EXPERIENCED TONIGHT HERE YOU HAVE CITIZENS THAT COME UP AND SPEAK AND GO ON AND ON AND ON AND ON.

AND I WAS JUST WONDERING IF WE, IF, UM, UM, MS. BULL, IF WE ARE ALLOWED TO ACTUALLY, UH, RECOMMEND A TIME LIMIT PUT ON THESE PUBLIC COMMENTS? THAT'S A GOOD QUESTION.

UM, INCLUDED IN THE RESOLUTION AND SOME LANGUAGE THAT ALLOWS THE RESPECTIVE ADVISORY COMMITTEES TO ADOPT REASONABLE RULES TO GOVERN THEIR PUBLIC COMMENT PERIODS.

SO IS THIS, AND WELL, I I WAS GONNA OFFER THAT, UH, AT THE BIKE AND PEDESTRIAN ADVISORY COMMITTEE, UM, THEY HAVE ALREADY THE ESTABLISHED RULES, JUST LIKE WE HAVE FOR PUBLIC COMMENT PERIOD THAT'S LIMITED TO THREE MINUTES.

AND, UM, YOU KNOW, THAT THEY CAN'T ADDRESS THE BOARD OTHER THAN THE PUBLIC

[01:55:01]

COMMENT PERIOD.

SO IT, IT'S UP TO THE BOARD.

WE, IT ALLOWS THE BOARD TO ESTABLISH THEIR RULES FOR PUBLIC COMMENT.

THEN FOR HERE, FOR THE PUBLIC HEARING, THERE IS NO LIMIT.

SO THAT'S, IS IT, THAT'S WHAT I WAS, IT'S TWO DIFFERENT, IS THERE SOMETHING THAT, IT'S TWO DIFFERENT THINGS.

IS THAT SOMETHING THAT WE CAN DO, ALLOW, PUT A TIMEFRAME ON THESE PUBLIC HEARINGS? OH, I DON'T THINK LEGALLY WE CAN ON A PUBLIC HEARING, NO.

AND, AND, AND I DON'T BELIEVE THAT ANY OF THE ADVISORY COMMITTEES CONDUCT PUBLIC HEARINGS EITHER, RIGHT? WELL, I THINK SHE'S, ARE YOU TALKING ABOUT COMMENTS? NO, THAT'S TWO DIFFERENT THINGS.

LET ME, LET ME BACK UP.

ALRIGHT.

FIRST LET ME ADDRESS THIS.

FOUR IS THE PUB FOUR IS THE ADVISORY COMMITTEES.

UM, WHEN YOU SAY, I KNOW YOU SAID THE PEDESTRIAN, THEY ALREADY HAVE, YOU ALREADY HAVE YOUR RULES IN PLACE FOR, FOR PUBLIC COMMENTS.

RIGHT.

SO WHAT IS YOUR TIMEFRAME? THREE MINUTES.

YES, THREE MINUTES.

SO MY THING IS, WITH THESE OTHER ADVISORY COMMITTEES, CAN'T WE ALL BE IN LINE? EACH ONE OF THESE COMMITTEES, THREE MINUTES IS ALLOWED FOR PUBLIC INPUT? YES, MA'AM.

YOU CAN, YOU CAN DO THAT.

OKAY.

IT JUST WASN'T, I, IT JUST SEEMS LIKE IT SHOULD, SHOULD BE STATED HERE THAT YOU KNOW, A TIMEFRAME, EVEN THOUGH I KNOW IT SAYS THAT THE, YOU, THE GOVERNING THE COMMITTEE CAN ESTABLISH THEIR OWN RULES, BUT I JUST WANT IT TO BE CONSISTENT ALL, ALL AROUND WITH EACH ADVISORY COMMITTEE.

SO IS UNDERSTAND WHAT I'M SAYING? YEAH, I UNDERSTAND WHAT YOU'RE SAYING.

YES, MA'AM.

CAN I OFFER ONE MORE? YES, SIR.

COMMENT.

UM, HAVING A DISCUSSION AND LOOKING AT HOW THE, UH, COUNTY BOARD OF COMMISSIONERS RUNS THEIR PUBLIC COMMENT PERIOD, YOU KNOW, AT THE VERY BEGINNING, THEY HAVE ONE AT THE BEGINNING LIKE WE DO, BUT IT IS ONLY ON AGENDA TOPICS.

MM-HMM.

.

AND THEN THEY HAVE A PUBLIC COMMENT PERIOD AT THE END OF THEIR MEETING FOR ANY OTHER TOPICS NOT ADDRESSED.

SO WHERE I'M GOING WITH THIS IS I WOULD RATHER NOT BE SO PRESCRIPTIVE TO THE COMMITTEES AND ALLOW, YOU KNOW, WE MANDATE THAT THEY HAVE A PUBLIC COMMENT PERIOD, BUT THEN ALLOW THE COMMITTEES TO DEVELOP THEIR OWN RULES BASED ON THE ISSUES THAT THEY, UH, YOU KNOW, WOULD BASE THOSE DECISIONS ON TO GIVE THEM THE FREEDOM TO MAKE THEIR OWN RULES FOR THE PUBLIC COMMENT RATHER THAN BE SO PRESCRIPTIVE.

THAT'S, WELL, I UNDER, THAT'S MY THOUGHT.

YEAH, I UNDERSTAND YOUR, YOUR, YOUR, UM, PERSPECTIVE ON IT.

BUT I'M JUST SAYING FOR ALL OF THESE COMMITTEES TO BE IN LINE, UM, AND CONSISTENT WITH, WITH WHAT THEY'RE OFFERING THE PUBLIC FOR AS A TIMEFRAME, UM, IS THAT SOMETHING THAT WE CAN PUT INTO THIS TONIGHT? OR THIS HAS TO COME BACK IN ORDER? NO, MA'AM.

IF YOU, I'M ASKING, I'M JUST REQUESTING THAT I DON'T KNOW HOW THE BOARD, OTHER BOARD MEMBERS FEEL ABOUT, YOU KNOW, IMPLEMENTING THAT, UM, TIME PERIOD IN THERE.

IF A MAJORITY OF YOU ALL WOULD LIKE TO ADOPT THE RESOLUTION PROVIDED THAT THE PUBLIC COMMENT PERIOD BE X NUMBER OF MINUTES, YOU CAN INCLUDE THAT IN THE MOTION TO ADOPT THE RESOLUTIONS.

OKAY.

NOW? YES, SIR.

YEAH, LET ME, AND THEN ALSO, I KNOW IT DOES NOT PERTAIN TO WHAT, TO THESE ADVISORY COMMITTEES, I WAS ALSO SUGGESTING IS THAT SOMETHING THAT WE AS A BOARD THROUGH, UM, FOLLOWING, UM, CITY ATTORNEY, UM, GENERAL STATUTE, IF THERE'S A TIME LIMIT THAT WE CAN PUT ON PUBLIC HEARINGS? NO MA'AM.

NO, WE WOULD NOT ADVISE THAT.

EXCUSE ME.

NO, MA'AM.

WE WOULD NOT ADVISE PUTTING A TIME LIMIT ON PUBLIC HEARINGS.

YOU SAID YOU WOULD NOT ADVISE, BUT IS THAT SOMETHING THROUGH GENERAL STATUTE THAT CAN BE DONE? I, I THINK THE CASE LAW IS AGAINST IMPOSING A TIMEFRAME.

ARE YOU ASKING FOR A TIMEFRAME ON THE PUBLIC HEARING OR WERE YOU ASKING ABOUT LIMITING THE LENGTH OF THE COMMENT? A TIME PERIOD ON THE PUBLIC HEARING FOR AS THE INDIVIDUALS COMING UP TO, UM, TO THE PODIUM AND SPEAKING, JUST LIKE WE DO PETITION OF CITIZENS FOUR MINUTES, WE ARE FOUR MINUTES UHHUH .

RIGHT? THAT'S WHAT YOU'RE SAYING WITH PUBLIC YEAH.

WITH PUBLIC COMMENT.

WHERE WITH, WITH THE PUBLIC COMING UP, SPEAKING DURING A PUBLIC HEARING.

MM-HMM.

IT.

CAN WE IMPOSE A TIME LIMIT ON IT? I, I JUST THINK AS A, NOT THE HEARING, BUT ON THE LENGTH OF THE COMMENT, THE, THE INDIVIDUAL MAKING, OKAY.

THE COMMENTS OR SPEAKING, OR HOWEVER YOU MIGHT WANT TO ADDRESS IT, IF WE CAN PUT A TIME LIMIT ON THEM, JUST LIKE TONIGHT, THERE WAS NO TIME, IT WAS A PUBLIC HEARING.

THERE WAS NO TIME LIMIT SET FOR EACH INDIVIDUAL THAT CAME TO THE PODIUM.

YES, MA'AM.

NOW, WHEN WE HAVE PETITION OF THE CITIZENS, WE GIVE OUR CITIZENS FOUR MINUTES.

IT'S, IT'S DIFFERENT.

AND ATTORNEY CHIME IN.

BUT IT'S, IT IS DIFFERENT RULES THAT REGULATE THAT.

RIGHT? UM, THE PETITION OF CITIZENS WE'RE REQUIRED BY STATE STATUTE TO DO THAT ONCE A MONTH, WHICH

[02:00:01]

IS SORT OF WHAT WE ARE INSTITUTING OR POTENTIALLY INSTITUTING ON THESE ADVISORY COMMITTEES.

YOU HAVE TO BY LAW.

NOW, WHEN YOU DO THAT, AS ALDERMAN BRISSON MENTIONED, THE COUNTY HAS TWO SEPARATE ONES.

THEY HAVE ONE AT THE BEGINNING OF THE MEETING FOR ANYTHING RELEVANT ON THE AGENDA.

AT THE END OF THE MEETING, IF YOU WANNA TALK ABOUT, YOU KNOW, THE COLOR OF THE BRICK OUTSIDE ON CITY HALL.

SO THAT'S, THAT'S DIFFERENT IN THE RULES THAT GOVERN THOSE PUBLIC HEARING.

UM, THE RULES ARE BASICALLY SET BY STATE STATUTE.

OUR RULES AND PROCEDURES SET THE PETITION OF CITIZENS.

SO IT WOULD, I'M NOT SAYING THAT WE CAN'T DO THAT.

MM-HMM.

, I WOULD HAVE TO LEAN ON OUR ATTORNEY, BUT IT SOUNDS LIKE SHE'S NOT PREPARED TO GIVE A DEFINITIVE ANSWER TONIGHT.

THAT'S, IS IT ANYTHING, CAN WE CHANGE THAT, UM, AS A GOVERN, AS A MUNICIPALITY, AS CONDUCTING OUR PUBLIC HEARINGS? CAN WE CHANGE THAT THROUGH JONES STANFORD? I MEAN IS OR IS IT ALLOWABLE? THAT'S ALL.

I AM NOT AWARE OF A, A PROVISION THAT ALLOWS YOU ALL TO PUT CONSTRAINTS ON PUBLIC HEARINGS, BUT I'M HAPPY TO, TO TAKE THAT UNDER ADVISEMENT AND REPORT BACK AT THE NEXT MEETING.

PLEASE DO SO I WOULD APPRECIATE IT.

YES, MA'AM.

GETMAN, LEMME GET ALL MASTER THERE.

I'LL GET YOU ALL.

OKAY.

UM, MEMBERS OF THE BOARD, I JUST, UM, WANTED TO LET YOU KNOW THAT I HAVE RECEIVED, AND MANY OF YOU MAY HAVE RECEIVED THE SAME TWO, TWO PHONE CALLS FROM MEMBERS OF THE ADVISORY.

ONE OF THE ADVISORY COMMITTEES, UH, RECOMMENDED THAT WE DO NOT ALLOW THIS.

AND THE REASON IS, IS THAT IT WOULD DELAY THE MEETINGS PEOPLE, WELL, BASICALLY JUST LIKE WHAT WE SAW TONIGHT, YOU KNOW, PEOPLE COMING UP AND TALKING AND, UM, THE RECOMMENDATION IS, IS THAT IF ANYBODY HAS SOME CONCERNS THAT THEY WOULD CONTACT THE, UH, BOARD MEMBER AND, UH, EXPRESS THOSE CONCERNS.

AND THEY WOULD ALWAYS, UM, HAVE THE OPPORTUNITY TO COME BEFORE THIS BOARD, BEFORE ANY ACTION IS TAKEN AND EXPRESS THE SAME CONCERNS THAT THEY MAY HAVE.

SO THERE JUST REALLY WANTED TO, TO, UH, LET YOU KNOW THAT I DID RECEIVE SOME PHONE CALLS AND THERE IS A CONCERN ABOUT THE, UH, THE, THE, THE LENGTH OF TIME THIS MAY TAKE FOR THESE ADVISORY COMMITTEES.

AND THEY'RE LIKE US.

THEY, THEY LIKE TO TAKE CARE OF BUSINESS AND GOT HOME.

THAT'S ALL I HAD ALL PROOF.

UM, THAT, THAT'S AN INTERESTING COMMENT COMING FROM WHOEVER THE CALLER WAS.

UM, ALTHOUGH I, I DO BELIEVE I KNOW WHO, UM, WHO THAT MAY HAVE BEEN, BUT I'M NOT IN FAVOR OF THIS BOARD IDENTIFYING, UM, WHAT THE TIME LIMIT WILL BE FOR THE ADVISORY, UM, COMMITTEES.

UM, AS ALDERMAN BRISTON POINTED OUT, THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, UM, TOOK IT UPON THEMSELVES AHEAD OF TIME TO ESTABLISH THEIR OWN POLICY.

AND I THINK THAT WE SHOULD ALLOW THE OTHER ADVISORY COMMITTEES, UM, TO DO THE SAME, UM, TO DISCUSS IT AMONGST THEIR MEMBERSHIP AND COME UP WITH A TIME, TIME LIMIT THAT THEY ARE COMFORTABLE WITH RATHER THAN US DICTATING, UH, THAT TO THEM.

SO, UM, YEAH, AND, AND AGAIN, YOU KNOW, I'M SORRY IF PEOPLE, YOU KNOW, MAYBE DON'T WANT TO SPEND A LITTLE BIT MORE TIME FULFILLING THEIR RESPONSIBILITIES ON THESE COMMITTEES.

UM, BUT IT'S, IT IS PART OF THE RESPONSIBILITY THAT THEY HAVE AS, AS AN APPOINTED MEMBER.

SO, UM, I'M CERTAINLY NOT INCLINED TO GO ALONG WITH THAT ARGUMENT.

UM, I'LL, I'LL MAKE A COUPLE COMMENTS AND I I GOT ONE TOO.

SURE.

GO, GO AHEAD.

YOU SURE? YES MA'AM.

, UM, AS AN ALDERMAN SITTING HERE REPRESENTING OUR CITIZENS OF THIS CITIZEN OF THIS CITY, I WILL NOT BE AN ALDERMAN THAT WILL SIT UP HERE OR I DON'T CARE WHAT COMMITTEE IT IS, WHAT BOARD IT IS OR WHATEVER, DENY, DISALLOW ANY CITIZEN A RIGHT TO SPEAK.

SO I, I, I DON'T CARE WHAT TIMEFRAME IT IS.

I THINK THEY ALL NEED TO HAVE AN OPPORTUNITY AND THEY NEED TO SPEAK IF THEY HAVE A PROBLEM OR ISSUE OR A CONCERN.

THAT'S IT.

OKAY.

UM, OKAY.

I'LL GO.

UM, I WANNA REMIND EVERYONE THAT THESE ADVISORY COMMITTEES ARE ALL APPOINTED BY THIS BOARD.

UH, WE ARE THE ONES THAT MAKE THE DECISIONS AND WHO WE PUT ON THESE BOARDS.

WE'RE THE ONES THAT LOOK AT THE RESUMES.

WE GO THROUGH

[02:05:01]

THE PROCESS.

WE HOPEFULLY ARE PICKING THE BEST PEOPLE THAT ARE SUITED TO CARRY OUT THIS DUTY.

UM, THIS IS, THIS WAS MY, ONE OF MY CONCERNS.

I, I SUPPORT THE M MSSD ADVISORY COMMITTEE SPECIFICALLY, UH, AS WELL AS THE BLACK AND PEDESTRIAN COMMITTEE.

NOT SO SURE ABOUT THE STANLEY WHITE.

I'D HAVE TO GO BACK AND LOOK AT THE MINUTES TO SEE WHERE I WAS ON THAT ONE.

THAT WAS A WHILE AGO.

BUT THESE ARE ADVISORY COMMITTEE MEETINGS.

THESE ARE ADVISORY BOARDS.

THEY ESSENTIALLY HAVE NO POWER.

OKAY? THEY ARE A GROUP OF INDIVIDUALS THAT ARE VOLUNTEERING THEIR TIME AND THEIR TALENT TO PROVIDE FEEDBACK TO THIS BOARD WHO ULTIMATELY MAKES THE DECISION.

I THINK AS WE HAVE PROVEN ON NUMEROUS OCCASIONS, THE PUBLIC HAS AMPLE OPPORTUNITY TO REACH US.

UH, ALL OF OUR EMAILS, PHONE CALLS, ADDRESSES, EVERYTHING'S OPEN.

I, I FIELD PHONE CALLS AND EMAILS EVERY DAY.

UH, I RECEIVE ONE TODAY FROM A MEMBER OF, I THINK SHE'S ON THE MSD COMMITTEE, UM, SAYING THAT SHE WAS IN OPPOSITION OF THIS.

I DID NOT GET A PHONE CALL, UH, OR TWO AS ALDERMAN ASTRO REFERRED TO.

UM, WE, WE ARE ASKING OUR CITIZENS TO PROVIDE THEIR TIME FREE OF CHARGE TO COME HERE AND DO WORK TO HELP ADVISE US.

AND WHEN YOU START DICTATING AND MICROMANAGING HOW A PARTICULAR BOARD, ESPECIALLY AN ADVISORY COMMITTEE, THIS IS NOT A PLANNING AND ZONING, THIS IS NOT A BOARD OF ADJUSTMENTS, THIS IS AN ADVISORY COMMITTEE.

UM, I THINK WHAT YOU'RE GONNA START TO FIND IS THE QUALITY OF INDIVIDUALS THAT ARE WILLING TO GIVE THEIR TIME AND TALENTS WILL PROBABLY BE DIMINISHED BECAUSE PEOPLE HAVE BETTER THINGS TO DO THAN TO SIT HERE AND LISTEN TO.

WE'RE, WE HAVE TO TONIGHT, WE LISTEN TO A LOT OF GARBAGE, IF I'M BEING HONEST.

UM, I MEAN WE, WE LISTENED TO CIVIC DISPUTES ABOUT A LEASE DURING A REZONING HEARING THAT HAD ABSOLUTELY NOTHING TO DO WITH THE REZONING, BUT WE GET PAID TO DO THAT.

WE VOLUNTEERED OUR TIME AND SIGNED UP AND, AND GOT ELECTED TO DO THIS.

THESE VOLUNTEERS ARE NOT DOING THAT.

THAT'S MY STANCE.

I'M NOT IN FAVOR OF PUTTING THIS, UH, BURDEN ON THEM.

SO THAT'LL BE VOTING NOTE, WHAT BURDEN OF REQUIRING THEM TO LISTEN TO ANYONE THAT COMES UP THAT WANTS TO SPEAK AT ONE OF THE ADVISORY COMMITTEE MEETINGS, NOT TO SAY IF THEY WANTED TO HAVE THIS AMONG THEIRSELVES SURE.

THEN THEY COULD CERTAINLY DO IT.

ABSOLUTELY.

WHAT DO YOU MEAN HAVE IT AMONGST THEMSELVES? AND THEY CERTAINLY, CERTAINLY DO IT.

THE ADVISORY COMMITTEE, UM, OFF ALL FOLKS WITH WAIT A MINUTE, WITHOUT A BOARD MEETING, NOT IN A, IN A ADVISORY MEETING.

OUTSIDE OF A MEETING.

IS THAT WHAT YOU'RE SAYING? I THINK HE'S SAYING THAT THE BOARD, IF THAT PARTICULAR ADVISORY COMMITTEE SAYS WE WANT TO HAVE PUBLIC CONTACT, THEN THEY CAN DO IT.

THEN THEY CAN DO IT.

IT'S UP TO THEM.

WHAT WE'RE SAYING IS, IS YOU'RE GOING TO, THAT'S WHAT THIS ACTION IS TONIGHT.

WELL, IF YOU LISTEN TO THE VOICE OF OUR CITIZENS, AND AGAIN, EVERY VOICE HAS VALUE AND EVERY CITIZEN HAS A RIGHT TO HAVE INPUT WHEN DECISIONS ARE BEING MADE REGARDING THINGS THAT IMPACT THEM.

AND I BELIEVE THAT IF A PERSON IS WILLING TO SERVE IN WHATEVER CAPACITY THAT WE APPOINT OR RECOMMEND OR ADVISE THEM IN, THEN THEY SHOULD ALSO BE WILLING TO CONSIDER THE VOICE OF THOSE WHO ARE A PART OF THEIR ORGANIZATION OR THOSE THAT ARE BEING DIRECTLY IMPACTED BY WHATEVER THE SITUATION IS.

I, I BELIEVE THAT AGAIN, PEOPLE MATTER.

THEIR VOICE MATTERS.

THEIR THOUGHTS MATTER.

TRANSPARENCY MATTERS AND TRANSPARENCY IS THE KEY TO EVERYTHING THAT WE DO AND WHAT HAVE YOU.

AND WE'VE ALREADY GOT CITIZENS WHO MANY OF THEM FEEL THAT THEIR VOICE HAS NO VALUE.

AND WE'RE SIMPLY SAYING IS THAT IF YOU ARE GOING TO BE A PART OF THE BOARD, THEN JUST BE CONSIDERATE AND LISTEN TO WHAT PEOPLE HAVE TO SAY.

WHETHER YOU ARE ON PAYROLL OR NON-PAYROLL, A PERSON HAS A RIGHT TO BE HEARD WHEN DECISIONS ARE BEING DIRECTLY MADE THAT IMPACT THEM.

I CONCUR.

THEY HAVE A RIGHT.

I CONCUR.

AND I JUST MENTIONED A FEW MINUTES AGO, I WOULD NOT BE AN ALDERMAN THAT WOULD DISALLOW ANY CITIZEN A RIGHT TO TO SPEAK DOING WHATEVER MEETING THERE MAY BE.

OKAY.

IT'S A PLEASURE OF THE BOARD ON ITEMS NUMBER NINE THROUGH 11.

MAYOR, I'LL MAKE A MOTION, UM, TO APPROVE AMENDING THE, I DON'T KNOW, DO WE CALL THEM BYLAWS OF THE ADVISORY COMMITTEES OR WHAT'S THE, THE RESOLUTIONS RESOLUTION? THE RESOLUTIONS.

CREATING THE COMMITTEE THAT OKAY.

MAKE A MOTION TO APPROVE THE RESOLUTION, AMENDING THE RESOLUTIONS OF THESE THREE ADVISORY COMMITTEES TO, UM,

[02:10:03]

ALLOW THEM TO DETERMINE THE TIME PERIOD FOR PUBLIC COMMENT, IF THAT MAKES SENSE.

I THINK WE WANT TO APPROVE THE RESOLUTION OF THIS'S IN FRONT OF US.

THAT'S THE SAFE WAY OF DOING THIS.

AND IS THAT CORRECT? YES, SIR.

THAT'S CORRECT.

AND, AND IF WE ANTICIPATE THAT THE VOTE WILL NOT BE UNANIMOUS, WE SHOULD TAKE THEM RESOLUTION BY RESOLUTION.

OKAY.

UH, I CAN TELL YOU IT'S NOT GONNA BE UNANIMOUS.

SO LET'S LOOK AT NUMBER NINE FIRST THEN.

HOW CAN YOU TELL IT WON'T BE UNANIMOUS? BECAUSE I'M NOT VOTING FOR IT.

YOU'RE ONE PERSON.

YEAH, SO, SO IT WON'T BE UNANIMOUS.

NOT UNANIMOUS.

AND I'M NOT GONNA VOTE FOR IT, SO IT'S NOT UNANIMOUS.

OKAY.

UNANIMOUS WOULD MEAN EVERYBODY WOULD AGREE TO IT, SO, WELL, I WOULDN'T AGREE TO ALL FOUR OF 'EM.

.

THREE.

THREE OF THEM.

SORRY.

ALL THREE OF THEM NINE THROUGH 11.

I MEAN, SOME I DON'T, I DISAGREE WITH, BUT NUMBER FIRST.

OKAY.

WELL THAT'S GONNA BE INTERESTING.

THIS CONVERSATION NUMBER.

PICK AND CHOOSE WHICH ONES, BUT LET'S DO NUMBER ONE.

NUMBER NUMBER RILL.

WOULD YOU LIKE TO CONTINUE WITH YOUR MOTION ON ITEM NUMBER NINE, SIR? I WILL MAKE A MOTION TO APPROVE THE ADOPTION OF A RESOLUTION AMENDING THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE.

SECOND.

OKAY.

WE HAVE A MOTION, A SECOND ON ITEM NUMBER NINE.

ANY FURTHER DISCUSSION? HEARING NONE.

LET'S HAVE A ROLL CALL STARTING WITH ALDERMAN BEST? ALDERMAN BEST? YES.

ALDERMAN BRISSON.

YES.

ALDERMAN FRILL.

YES.

ALDERMAN ROYAL? YES.

ALDERMAN ASTOR? NO.

ALDERMAN KENZIE.

MAYOR ODOM? NO.

FOUR, TWO.

IS THAT CORRECT? THAT'S CORRECT.

OKAY.

NEXT UP IS ITEM NUMBER TEN FIVE TWO.

MAKE A MOTION TO ADOPT THE RESOLUTION AMENDING THE MUNICIPAL SERVICES, UH, DISTRICT ADVISORY COMMITTEE.

SECOND.

HAVE A MOTION TO SECOND ANY FURTHER DISCUSSION ON ITEM NUMBER 10.

HEARING NONE.

LETS HAVE A ROLL CROSS, STARTING WITH ALDERMAN BRINSON.

ALDERMAN BRISSON.

YES.

ALDERMAN CREEL.

YES.

ALDERMAN ROYAL.

YES.

ALDERMAN ASTOR.

NO.

ALDERMAN KENZIE.

ALDERMAN BEST? YES.

MAYOR ODOM.

NO.

MOTION CARRIES.

ITEM NUMBER 11, MAKE A MOTION TO ADOPT THE RESOLUTION AMENDING THE STANLEY WHITE RECREATION CENTER ADVISORY COMMITTEE.

SECOND.

HAVE A MOTION A SECOND.

ANY FURTHER DISCUSSION? HEARING NONE.

LET'S HAVE A ROLL CALL STARTING WITH ALDERMAN PRILL.

ALDERMAN PRILL.

YES.

ALDERMAN ROYAL.

YES.

ALDERMAN ASTER? NO.

ALDERMAN KENZIE.

ALDERMAN BEST? YES.

ALDERMAN BRISSON.

YES.

MAYOR ODOM.

NO.

MOTION CARRIES.

ITEM NUMBER 12 IS

[12. Consider Adopting a Resolution Amending the Rules of Procedure for the Board of Aldermen.]

CONSIDERED ADOPTING A RESOLUTION, AMENDING THE RULES AND PROCEDURES FOR THE BOARD OF ALDERMAN, MS. BULLOCK? YES, SIR.

UM, I THINK EVERYONE HAS SEEN THESE PROPOSED RULES AND PROCEDURES SEVERAL TIMES NOW.

UM, THIS IS THE FINAL VERSION BASED ON THE DIRECTION WE RECEIVED FROM YOU ALL AT THE LAST MEETING.

SO WE WOULD ASK THAT YOU WOULD CONSIDER ADOPTING THESE RULES OF PROCEDURE, UM, CONSISTENT WITH THE INSTRUCTIONS YOU PROVIDED.

THIS BOARD HAVE QUESTIONS ON ITEM NUMBER 12.

AND IN READING THROUGH THE DOCUMENT, THESE INCLUDED, UM, SOME ADDITIONAL REVISIONS TO BRING OUR RULES AND PROCEDURES IN LINE WITH VARIOUS STATE STATUTES, CORRECT? CORRECT.

YES, SIR.

THANK YOU.

MAY I MAKE A MOTION THAT WE ADOPT A RESOLUTION AMENDING THE RULES OF PROCEDURES FOR THE BOARD OF ALDERMAN? SECOND, I HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? HEARING NONE UNLESS HAVE A ROLL CALL STARTING WITH ALDERMAN ROYAL.

ALDERMAN ROYAL, YES.

ALDERMAN ASTER.

YES.

ALDERMAN KENZIE.

ALDERMAN DE YES.

ALDERMAN BRINSON.

YES.

ALDERMAN CREEL.

YES.

MAYOR ODOM? YES.

MOTION CARRIES.

ITEM NUMBER

[13. Consider Adopting a Resolution Approving the Preliminary Findings for the Financing of 212 Kale Road and Authorizing the Filing of an Application with the Local Government Commission.]

13, CONSIDERED ING RESOLUTION APPRO APPROVING THE PRELIMINARY FINDINGS FOR THE FINANCING OF 2 1 2 KELL ROAD AND AUTHORIZING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT POSITION COMMISSION.

MS. OSTROM, ON FEBRUARY 13TH, 2024, THE BOARD APPROVED THE EXECUTION OF AN AGREEMENT FOR THE PURCHASE OF REAL PROPERTY LOCATED AT TWO 12 KELL ROAD.

THE PURCHASE WILL BE FINANCED IN AN AMOUNT NOT TO EXCEED $2.2 MILLION.

FINANCING OPTIONS INCLUDE AN INSTALLMENT FINANCING AGREEMENT OR THE ISSUANCE OF A REVENUE BOND, BOTH OF WHICH REQUIRE APPROVAL FROM THE NORTH CAROLINA LOCAL GOVERNMENT COMMISSION.

AS PART OF THE, THE APPLICATION

[02:15:01]

TO THE LGC, THE CITY MUST ADOPT A RESOLUTION, MAKING CERTAIN FINDINGS REGARDING THE FINANCING, THE PROJECT, AND THE CITY'S STEP MANAGEMENT POLICIES AND PROCEDURES.

THE RESOLUTION ALSO AUTHORIZES THE FILING OF THE APPLICATION WITH THE LGC.

AT A FUTURE MEETING, THE BOARD WILL REVIEW FINANCING PROPOSALS AND SELECT THE BEST FINANCING OPTION.

I ASK THAT THE BOARD CONSIDER ADOPTING RESOLUTION, APPROVING THE PRELIMINARY FINDINGS FOR THE FINANCING OF TWO 12 KIL ROAD AND AUTHORIZING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION.

IT'S A PLEASURE BOARD.

ON ITEM NUMBER 13, MAY I MAKE A MOTION TO ADOPT RESOLUTION APPROVING THE PRELIMINARY FINDINGS FOR THE FINANCING OF THE TWO 12 K ROAD AND AUTHORIZING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION? SECOND I.

A MOTION AND SECOND.

ANY FURTHER DISCUSSION? HEARING NONE.

LET'S HAVE A ROLL CALL STARTING WITH ALDERMAN ASTOR.

ALDERMAN ASTOR.

YES.

ALDERMAN KENZIE.

ALDERMAN BESS.

YES.

ALDERMAN BRISON.

YES.

ALDERMAN CREEL.

YES.

ALDERMAN ROYAL? YES.

MAYOR ODOM? YES.

MOTION CARRIES.

NEXT UP IS APPOINTMENTS.

[14. Appointment (s).]

ARE THERE ANY APPOINTMENTS TONIGHT? UM, MR. MAYOR, I'LL MAKE A NOMINATION TO, UH, REAPPOINT MR. BILL STAFFORD TO REPRESENT THE CITY ON THE CRAVEN COUNTY TOURISM DEVELOPMENT AUTHORITY BOARD.

I HAVE A MOTION.

DO WE HAVE A SECOND? SECOND.

I HAVE A SECOND.

ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? IS HEREBY REAPPOINTED.

MAYOR, I'D LIKE TO MAKE A MOTION THAT WE REAPPOINT GARY LMAN, GARY CLEMONS AND DANIEL INOR, UH, TO THE FRIENDS OF THE FIREMAN'S MUSEUM BOARD.

BOTH OF ALL THREE OF THESE GENTLEMEN ARE VERY ACTIVE AND CERTAINLY HAVE AGREED TO BE REAPPOINTED.

WE HAVE A MOTION.

WE HAVE A SECOND.

SECOND.

I HAVE A SECOND.

ANY FURTHER DISCUSSION? HEARING NONE.

ALL THOSE IN FAVOR OF ALL THREE SAY AYE.

AYE.

ANY OPPOSED? ALRIGHT.

THEY'RE ALL THREE APPOINTED.

ANY OTHER APPOINTMENTS? OKAY.

ATTORNEY'S REPORT? NOTHING TONIGHT, SIR.

CITY MANAGER'S REPORT NOTHING TONIGHT, SIR.

OKAY.

UH, NEW BUSINESS ALDERMAN CRELL.

I HAVE NOTHING.

OKAY.

ALDERMAN ROYAL, QUICK QUESTION.

I WANTED TO ASK MR. HUGHES REGARDING THE OUTCOME OF THE STRATEGIC PLAN.

WHERE WE ARE IN REGARDS TO THAT, PLEASE.

WE, WE ARE STILL IN THE PROCESS OF THAT.

UH, WE DID PUT A HOLD ON THIS PENDING OUR, OUR BUDGET DISCUSSION STAFF HAVE BEEN WORKING ON THAT.

WE WILL BE COMING BACK, SO IT IS STILL IN PROGRESS.

THANK YOU.

THAT'S ALL.

OKAY.

ALDERMAN AS NOTHING NICE SIR.

ALDERMAN VEST? NOTHING.

ALDERMAN.

BRISON NOTHING SIR.

OKAY.

UH, DO WE NEED A CLOSED SESSION? YES, SIR.

PURSUANT TO STATUTE 1 43 3 18 11 3.

TO MAINTAIN OUR ATTORNEY CLIENT, BRI NEED A MOTION TO GO CLOSE SESSION? HAVE A MOTION BY ALDERMAN.

BRISON.

DO WE HAVE A SECOND? SECOND.

SECOND.

SECOND.

ALLMAN NASTER.

ANY DISCUSSION? ALL THOSE IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? CLOSED SESSION.

WE ARE BACK IN OPEN SESSION.

IS THERE ANY MORE FOR BUSINESS TO COME BEFORE THE BOARD OF ALDERMAN THIS EVENING? IF NOT, I WOULD ENTERTAIN A MOTION TO ADJOURN.

SO SECOND.

I HAVE A MOTION TO SECOND ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE.

A AYE.

OPPOSED.