City Council

Kinston City Council MINUTES March 16, 2021  Minutes Kinston City Council City Hall · 207 East King Street Tuesday, March 16, 2021 Work Session at 5:30 pm Regular Meeting at 7:00 pm This meeting was held electronically in Zoom format and viewed at https://www.facebook.com/KinstonCityHall WORK SESSION Mayor Don Hardy called the meeting to order at 5:31 pm. Adoption of the Agenda If a Councilmember wishes to revise the agenda, the Motion to add or delete an item will be entertained prior to Adoption of the Agenda. Mr. Sears requested to add a closed session for NC GS 143-318.11 (a) (3) - Attorney/Client Privilege and 148-318.11 (a) (5) – Real Property. He also asked to eliminate items 1-3 listed under the Information and Updates section. Councilmembers Roll Call (THIS ITEM WAS OUT OF ORDER) Present: Councilmembers Sammy Aiken, Antonio Hardy, Robert Swinson, and Mayor Pro Tem Felicia Solomon. Present Also: Tony Sears, City Manager and James Cauley, City Attorney Absent: Councilmember Kristal Suggs. Councilmember Swinson made the motion, seconded by Councilmember Hardy and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], with the addition of a closed session for NC GS 148-318.11 (a) (3) - Attorney/Client Privilege and 148-318.11 (a) (5) – Real Property and the elimination of items 1-3 of the Information Updates section, the agenda was approved. CONSENT AGENDA ITEMS FOR DISCUSSION 1. Consider Adopting Ordinance for Greenmead Waterline Replacement Project (W9119) Donna Goodson Donna Goodson, Finance Director shared that there was a resolution passed in November to consider the adoption to award Herring Rivenbark, Inc. for the Greenmead Waterline Replacement Project. The bid came in at $371,200 over and we will be getting the Drinking Water State Revolving Water Fund to fund the rest of the project. There will be a budget amendment for the additional construction cost and the additional appropriation will be funded with a transfer from the Water Fund for $371,200. This amendment is to recognize Kinston City Council Minutes Tuesday, March 16, 2021 that amount. Ms. Goodson said the total is $1,530,020 plus a 5 percent contingency and the total for the construction cost is $1,671,087. 2. Consider Adopting Special Revenue Ordinance for 2020 Edward Byrne J A G Grant (P9141) ---------------------------------------------------------------------------------- Donna Goodson Donna Goodson, Finance Director stated this was an ordinance to establish a Special Revenue Fund for the 2020 Edward Byrne Memorial J A G. Grant for $21,451 with no matching funds required. Chief Dilday reminded Ms. Goodson that the City’s portion would be one-half of that amount and the rest would go to Lenoir County. Ms. Goodson noted that the grant was written to the City and would be dispersed to Lenoir County. 3. Consider Adopting Special Revenue Ordinance for B J A Coronavirus Emergency Supplemental Funding Grant (P9142) ------------------------------------------ Donna Goodson Donna Goodson, Finance Director shared the Police Department was awarded another grant for the B J A 2020 Coronavirus Emergency Supplemental Funding Grant that will not be shared with Lenoir County for $70,924. 4. Consider Adopting Ordinance for FY2021 Operating Budget Amendment -------- Donna Goodson Donna Goodson, Finance Director presented the FY2021 Operating Budget Amendment in the agenda packet and no questions were posed to Ms. Goodson. Mr. Sears stated in the interest of time we could go into the closed session and/or pull items forward for discussion from the action agenda. ITEM DISCUSSED FROM REGULAR MEETING ACTION AGENDA 1. Consider Bid Award for Holloway Pool Rehab & Construction to Swim Club Management Group ---------------------------------------------------------------------- Adam Short (THIS ITEM WAS MOVED FORWARD FROM THE ACTION AGENDA-ITEM #3) Adam Short, Director of Planning, Inspections, and Code Enforcement introduced the item for Holloway pool rehab and construction. He stated that this is still part of the CDBG Grant for Holloway and the original quote was for $280,000 to essentially put a liner in the pool. He and the staff felt that was not a long-term solution. They felt that there was a better approach for long-term repair for the pool. Building a shell inside the pool reduces the dimensions of the pool minimally, but will provide a new 25 or 30- year pool, and the work is warranted for the first three years. This can be done within the same budget as we would pay for a liner. Three quotes were secured from Carolina Pool Renovations, Mackie Brothers, and Swim Club Management for $392,000, $495,000, and $278,900 bids respectively submitted. Swim Club Management is the low bidder and they already have a relationship with them. Mr. Short stated that he would like to select the contractor so they can move forward. He said that in previous conversations there were no intentions to move forward at this and would get through this season having the pool open with no interruptions of service and when the pool closes in the early fall have Swim Club move forward with the work. Page 2 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 Councilmember Swinson asked if there were references checked on Swim Club for a project of this magnitude. Mr. Short stated that based on their track record, he felt that they are fully capable of delivering on this. The same as with any contractor there are requirements within a contract that if they do not perform there are penalties. As long as they can deliver the product on time, he felt that it would be a good relationship. Mayor Pro Tem Solomon asked how many bids were obtained. Mr. Short said there were three. Councilmember Swinson asked if that was an option viable for Emma Webb as well. Mr. Povar stated that was something that will be explored with Swim Club. They will see how the project goes at Holloway and if they feel comfortable with it, they will have them look at that space. Ms. Sears noted that one of the reasons Emma Webb had the issue was that the very end of the pool had a structural deficiency. The end of the deep end is falling away which may mean if there was the option to use a pool inside a pool, the size of the pool may have to be reduced to remove the part that is not structurally sufficient and reconstruct another end. Councilmember 2. Briary Run Sewer Phase V Funding Approval Letter ----------------------- Rhonda Barwick (THIS ITEM WAS MOVED FORWARD FROM THE CITY MANAGER’S REPORT) Rhonda Barwick, Public Services Director said that we have received a letter of intent to fund from the State Clean Water Sewer Fund to fund the Briary Run Sewer Phase V project. That will replace the manholes (raise them) from Wallace Family Road to Highway 11. That is the last section of manholes along the Briary Run that we wanted to rehab. There is still some pipework along that run that we will address later. This is the key part that we wanted to get done and comes with 50 percent forgiveness. Mayor Hardy started the discussion regarding the American Rescue Plan. The plan will supply direct funding to the cities and towns across the US and our portion is $5,864,761. Mr. Sears explained that it was passed last week, and he and other staff members have signed up for two webinars to understand what the rules and regulations governing these funds are. The money goes to the Governor and he has 60 days to disperse it to us. Some of the funds are for COVID- loss revenue. We can take these funds to supplement the budget. We used a lot of Fund Balance this year to prop this budget up, the COVID money we have received ($500,000-round number) already has helped, and this money will go even further in assisting the revenue we have lost due to the pandemic. There are other things (infrastructure, water/sewer) that are eligible as well. We are going to do really good things. The staff wants to understand the categories; rules and regulations because at some point someone may come and audit our funds. The webinars are this week and next week. Mr. Sears gave examples of things that not only benefit the City, the organization but the City the community also. He said we will come back to the Council once they have a better understanding of things. Also, noted was that we do not have the money and Mr. Sears felt it would be closer to May before we would see that. Mayor Hardy added that broadband, essential workers, and other things would be looked at as well. Councilmember Swinson made the motion, seconded by Councilmember Aiken and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], the Council approved entering closed session at 5:55 pm. Page 3 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 CLOSED SESSION Pursuant to NC General Statutes 143-318.11 (a) (3) – Attorney/Client Privilege and 143- 318.11 (a) (5) – Real Property the closed session was entered at 5:55 pm. Councilmember Swinson made the motion, seconded by Councilmember Hardy and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], the Council approved returning to open session at 6:12 pm. RECESS UNTIL 7:00 PM REGULAR MEETING Mayor Hardy recessed the meeting until 7:00 pm. REGULAR MEETING Mayor Hardy called the meeting to order at 7:01 pm. Councilmember Sammy Aiken delivered the prayer. Mayor Hardy asked for a moment of silence honoring Pastor Robert Brown and Ms. Faye Moore. The Pledge of Allegiance was recited by everyone. CITIZEN COMMENT Citizens seeking assistance or asking questions will be contacted by a member of the Governing Body or by appropriate City Staff. There are no in-person comments permitted. Please visit our website to complete and submit a Citizen Comment Form. (Link can be found at the bottom of the home page under FAQ’s-Frequently Asked Questions) There were no citizen comments. Councilmembers Roll Call Present: Councilmembers Sammy Aiken, Antonio Hardy, Robert Swinson, and Mayor Pro Tem Felicia Solomon. Present Also: Tony Sears, City Manager and James Cauley, City Attorney Absent: Kristal Suggs MINUTES Consider approval of the minutes of the City Council meeting held on March 2, 2021 ------------------------------------------------------------------------------------------ Debra Thompson Page 4 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 Councilmember Aiken made the motion, seconded by Councilmember Hardy and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], the minutes for March 2, 2021, were approved. PRESENTATIONS AND RECOGNITION 1. ElectriCities of North Carolina Awards Presentation ------------------------Roy Jones, CEO Roy Jones, CEO with ElectriCities presented the 2020 Public Power Awards of Excellence to the City of Kinston. Mr. Jones highlighted and commended the City’s work in the categories of the value of public power, workforce development, grid modernization, and wholesale power cost. Mr. Sears added that Kinston is near the top of the load management program. We help shave the load, not only for us but for everyone. Mr. Jones stated that Kinston and Tarboro were the two that were leading in the peak-shaving load management programs. All of this is about the mindset of continuous improvement; continuing to cut costs, provide better service to the customers, better improve your utility operations, and more efficiency. Mr. Jones related that they are making plans to have the annual conference in person, and would be making the final decision in June. The conference will be held in August. Councilmember Aiken thanked Ms. Barwick and the staff. Ms. Barwick stated that this award program not only recognizes the line workers but their support staff and the Council. CONSENT AGENDA (THE CONSENT AGENDA ITEMS WERE VOTED ON OUT OF ORDER) 1. Consider Adopting Ordinance for Greenmead Waterline Replacement Project (W9119) ------------------------------------------------------------------------------------------------ Donna Goodson Page 5 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 2. Consider Adopting Special Revenue Ordinance for 2020 Edward Byrne J A G Grant (P9141) --------------------------------------------------------------------------------- Donna Goodson 3. Consider Adopting Special Revenue Ordinance for B J A Coronavirus Emergency Supplemental Funding Grant (P9142) ------------------------------------------- Donna Goodson Page 6 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 4. Consider Adopting Ordinance for FY2021 Operating Budget Amendment -------- Donna Goodson Page 7 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 Page 8 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 Councilmember Swinson made the motion, seconded by Mayor Pro Tem Solomon, and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], the Consent Agenda items 1-4 were approved. ACTION AGENDA (THE ACTION AGENDA ITEMS WERE VOTED ON OUT OF ORDER) 1. Conduct a Public Hearing for DOJ Edward Byrne Memorial Justice Assistance Grant, 2020-DJ-BX-0828 -------------------------------------------------------------------- Chief Tim Dilday (THIS ITEM WAS HELD OPEN FOR 24 HOURS FROM MARCH 2 - MARCH 3, 2021) Chief Dilday, Kinston Police Department presented the Public Hearing on the DOJ Edward Byrne Memorial Justice Assistance Grant 2020-DJ-BX-0828 for closure. There were no public comments submitted and Mayor Hardy closed the Public Hearing. Councilmember Aiken made the motion, seconded by Mayor Pro Tem Solomon and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], the DOJ Edward Byrne Memorial Justice Assistance Grant 2020-DJ- BX-0828 was approved. 2. Conduct a Public Hearing for DOJ Coronavirus Emergency Supplemental Funding Program, 2020VD-BX-0730 ----------------------------------------------------- Chief Tim Dilday (THIS ITEM WAS HELD OPEN FOR 24 HOURS FROM MARCH 2 - MARCH 3, 2021) Chief Dilday, Kinston Police Department presented the Public Hearing on the DOJ Coronavirus Emergency Supplemental Funding Program, 2020VD-BX-0730 for closure. There were no public comments submitted. Councilmember Swinson made the motion, seconded by Councilmember Hardy and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Page 9 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 Solomon-Yes) of [4-0], the DOJ Coronavirus Emergency Supplemental Funding Program, 2020VD-BX-0730 was approved. 3. Consider Bid Award for Holloway Pool Rehab & Construction to Swim Club Management Group --------------------------------------------------------------------- Adam Short (THIS ITEM WAS MOVED FORWARD AND DISCUSSED IN THE WORK SESSION) Adam Short, Director of Planning, Inspections, and Code Enforcement stated that as discussed in the work session we are here to award the bid for Holloway Pool Rehab and Construction. The Swim Club bid is $278,990 and he recommends awarding to them. Councilmember Aiken asked for clarification on the process for the pool. Mr. Short answered that they would build a new wire mesh frame with concrete and extend the fixtures to the frame as if there were dirt behind it. Mr. Sears said that it would be a construction. They would pour real concrete, spraying it in, and reforming it. Councilmember Swinson made the motion, seconded by Councilmember Hardy and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], the bid award to Swim Club Management Group for $278,990 was approved. Page 10 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 4. Consider Bid Award for Willows Apartments Stream Stabilization Project to Charles Hughes Construction --------------------------------------------------------------- Rhonda Barwick Rhonda Barwick, Director of Public Services related that Hurricane Florence damaged the ditch at the Willows. Although it is a State dedicated stream, it is a ditch that handles water from our city streets and the City is responsible for the maintenance. Because it is also a State stream we had to hire a professional engineer to design the work and then it was to be approved by the US Army Corp of Engineers. We applied to FEMA for the project and the request was denied. It was not enough that we maintained it, they wanted evidence that we have done significant improvements in the past. According to our records, we have not had to do those in the past. In preparation for the cleanup and repairs after Hurricane Florence, the Finance Director had established a project fund for those kinds of repairs that holds $94,250 from the Storm Water Fund. Four bids for this project were accepted on March 2, 2021, and Charles Hughes Construction was the lowest responsive bidder. Ms. Barwick asked the Council to consider awarding the bid to Charles Hughes Construction for $98,948.30 which includes a 10 percent contingency. In the future, she will work with the Finance Director to move additional funds from the Storm Water Fund to this hurricane project since FEMA will not reimburse us to make that whole again. Mayor Hardy asked if Ms. Barwick said that the project fund as it is now, is short about $62,000 and will ask to take that from the Storm Water Fund and place it into the project fund. That was not just for this project, it was also for other projects for things that were damaged during the storm. Councilmember Swinson made the motion, seconded by Councilmember Hardy and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], the bid award to Charles Hughes Construction for $98,948.30 was approved. Page 11 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 5. Consider Authorizing Advertisement and Hiring of Vacant Positions-Public Services Rhonda Barwick Rhonda Barwick, Director of Public Services stated there were some openings in Public Services that persons have resigned. Ms. Barwick asked that the Council allow her to advertise for one position in Buildings/Grounds and Cemeteries for a Maintenance Worker I. The other position is a Wastewater Treatment Plant Operator. They advertise for a Grade I-IV to see what qualifications are out there and hire the person with the best qualifications. That is out of the Sewer Fund. Councilmember Swinson made the motion, seconded by Councilmember Aiken and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], authorization to advertise and hire a Maintenance Worker I and one Wastewater Operator I-IV for Public Services was approved. 6. Consider Authorizing Recruitment and Hiring of Vacant Positions – Parks and Recreation ---------------------------------------------------------------------------------- Corey Povar Corey Povar, Parks and Recreation Director shared that he was bringing several positions before the Council for approval that consists mainly of Scorekeepers in the county and the city. While closed due to COVID these positions were taken off payroll to be efficient and cost- effective. Now that the programs will be going on, we are looking to bring on Scorekeepers to assist in being able to hold those programs. In addition to the part-time Scorekeepers, we are looking at a part-time Center Assistant at the Nature Center also. Mayor Hardy asked what the total of the positions was. Mr. Povar stated there were 10 Scorekeepers in the county four in the city, and one Center Assistant, for a total of 15 positions. Mayor Pro Tem Solomon asked if any of these new positions or are they all vacated positions. Mr. Povar answered that they were positions vacated when we were closed due to COVID. Councilmember Aiken made the motion, seconded by Mayor Pro Tem Solomon and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], authorization to recruit and hire ten Scorekeepers and a Center Assistant for Parks and Recreation was approved. APPOINTMENTS Consider Appointment of Applicant to Kinston/Lenoir County Parks & Recreation Commission ------------------------------------------------------------------------------------ Corey Povar Corey Povar, Parks and Recreation Director shared that the Parks and Rec Commission has vetted and approved Clifton Hargett and Heath Harrison as new members of the Commission. Councilmember Hardy made the motion, seconded by Councilmember Swinson and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], the appointments of Clifton Hargett and Heath Harrison were approved. Page 12 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 CITY MANAGER’S REPORT Briary Run Sewer Phase V Funding Approval Letter --------------------------- Rhonda Barwick (THIS ITEM WAS MOVED FORWARD AND DISCUSSED IN THE WORK SESSION) CITY ATTORNEY’S REPORT There was no City Attorney’s Report. MAYOR & COUNCIL REPORT Councilmember Hardy shared that he did a tour with some residents this past weekend. He noted that we always stress being mindful of the 3-Ws and wanted to add a fourth reminder. He asked everyone to be mindful about throwing their masks and gloves in the trash cans and not litter in our city. Mr. Hardy asked if all employees in the Public Services Department were provided wet weather gear when they are out. Ms. Barwick stated they do have rain gear available to them and Mr. Sears added that those items are received from the warehouse. Mayor Pro Tem Solomon asked if new employees were given the items upon coming on board. It was explained that the uniforms are assigned right away, but the employee would go to the warehouse for those items so that they can be charged to the department that they work. Councilmember Aiken asked did that pertain to steel-toed boots. Mr. Sears said that the employees are given a stipend and may purchase boots from the annual on-site shoe mobile or a store of their choice. The stipend is provided due to the boots being a requirement of the job. Mr. Hardy announce that the NAACP was hosting a Hope and Action Empowerment Session at St. Augustus AME Zion Church at 1:00 pm on April 3rd. This will address financial wisdom and meeting of life moves. Mayor Pro Tem Solomon asked Mr. Hardy to share who would be the spokesperson for financial literacy and Mr. Hardy stated that it would be him. Mayor Pro Tem Solomon shouted out to the Kinston Trash Bashers for their work (regular citizens) of having cleaned up different portions of our city. She expressed our most sincere gratitude for this group (Amy Albritton, Seraphim Smith, and others) helping to make Kinston better. Ms. Solomon announced that on March 25th beginning at 9:00 am there will be a vaccination clinic, sponsored by the Lenoir County Health Department that will be held and hosted by Temple of Deliverance Worship Center. Councilmember Aiken remarked that in traveling throughout the city he has seen quite a bit of new asphalt and road repairs. Mr. Aiken also commented that there were concerns from people about the dilapidated houses being removed and not replacing them with anything. He shared that some of the houses being removed the family has not taken care of them and we are using taxpayer money to take care of them. There are complaints about how things look, but it should be the family structure and the community to take care of the houses. Mayor Pro Tem Solomon added Page 13 of 14 Kinston City Council Minutes Tuesday, March 16, 2021 that we cannot negate the power of private investors. We have a lot to do, but we have to remember that we have a limited tax base. Mayor Hardy shouted out the Kinston Fire and Rescue, Kinston Police Department, the 911 Disaster Team, Moen, and all the folks that collaborated on March 9th at Grainger Stadium. The Mayor thanked the President and those that advocated for the passing of Direct Funding to cities, counties, and villages across the nation. He also stated there is a vaccination clinic scheduled for March 30th at Grainger Stadium with the Johnson & Johnson vaccine. Mayor Hardy said, “The power of we is much more powerful than any one person could ever be.” ADJOURNMENT Mayor Pro Tem Solomon made the motion, seconded by Councilmember Aiken and upon a unanimous roll call vote (Councilmembers Aiken, Hardy, Swinson, and Mayor Pro Tem Solomon-Yes) of [4-0], the Kinston City Council meeting was adjourned at 7:55 pm. Mayor Hardy and everyone wished Mayor Pro Tem Solomon and early birthday. Her birthday is tomorrow. Respectfully submitted, Debra Thompson, City Clerk Page 14 of 14