City Council

MINUTES TUESDAY, NOVEMBER 16, 2021  Minutes Kinston City Council City Hall · 207 East King Street Tuesday, November 16, 2021 Work Session at 5:30 pm · Regular Meeting at 7:00 pm Mayor Don Hardy called the City Council Work Session to order at 5:30 pm. Those present: Councilmembers Robert Swinson, Sammy Aiken, Kristal Suggs, Mayor Pro Tem Felicia Solomon and Mayor Don Hardy Also present: Rhonda Barwick, Interim City Manager, and James Cauley, City Attorney Those late: Councilmember Antonio Hardy arrived at 7:02 pm Adoption of the Agenda Councilmember Swinson made the motion, seconded by Councilmember Suggs and upon a unanimous vote [4-0] the agenda was approved. ITEMS FOR DISCUSSION 1. Update on Lions Water Adventure 2021 Season - Swim Club Management---------------------- ------------------------------------------------------------------------------------------------------Cory Povar Corey Povar, Parks and Recreation Director, and Zac Brown from Swim Club Management presented goals, member experience, standards and financial results from the 2021 season. 2. Police Vacancy & Salary Concerns----------------------------------------------------------Chief Spencer Jenee Spencer, Interim Police Chief, shared recruiting concerns. She stated it has been extremely difficult to recruit new, attract minority candidates, as well as retain current officers. When recruiting becomes difficult, lowering the hiring standards might widen the pool of candidates for departments struggling to fill vacant positions but lowering the minimum standards for police candidates is not acceptable. Agencies across the country are experiencing difficulties in both the recruitment of and retention of qualified individuals for multitudes of reason; Kinston is no different and of course, financial compensation appears to be the driving force behind lost Kinston Police Department employees. Kinston Police Department’s starting salary is currently $32,869.20, which is 19% below the starting salary of surrounding municipal police agencies. The Kinston Police Department currently has 13 open police officer vacancies Page 1 of 9 , Kinston City Council Minutes Tuesday, November 16, 2021 with the possibility of another 2-5 officers scheduled to depart over the next couple months. Due to our low starting salary, the Kinston Police Departments hasn’t hired a sworn lateral police officer since November of 2016. The Police Department would like to freeze positions so that the starting salary for officers can be increased from $32,869 to $37,799. Unanimous consensus received from City Council. 3. Bird Scooters------------------------------------------------------------------------------------ Chief Spencer Austin Marshburn and Chris Stockwell with Bird provided updates for the proposed service area for Kinston. They stated riders are educated and are not allowed to use certain roads and that a geofence zone will slow the scooters, forcing riders to go down another street. 4. Project Safe & Sound ------------------------------------------------------------------------- Chief Spencer Chief Spencer stated often patrol officers respond to calls that put them in contact with individuals who live with cognitive impairments. These individuals often cannot provide identifying information or documents that might include an address or other contact information. Kinston Police Department wants to implement a voluntary directory that will provide necessary information to assist these vulnerable populations. The department has an opportunity to be one of the first agencies in the state of North Carolina to compile this kind of database for emergency services agencies. Guardians or caregivers of individuals can fill out a form that will include importation contact information, as well as, any pertinent suggestions on how to properly interact. 5. Consider Special Revenue Fund Amendment – Ballistic Vest Fund (P9129)----------------------- ----------------------------------------------------------------------------------------------------Donna Goodson Donna Goodson, Finance Director, stated The Police department has requested an appropriation of revenue and expenditures for the FY2021 Ballistic Vest Partnership award from the U.S. Department of Justice for 17 vests in the amount of $13,340.75 requiring a 50/50 local match. This match will be funded with a transfer of $6,670.37 from the General Fund. 6. NC Retirement Systems Division Letter ------------------------------------------ -----Donna Goodson Page 2 of 9 , Kinston City Council Minutes Tuesday, November 16, 2021 Mrs. Goodson stated during the 2014 General Assembly session, contribution-based benefit cap legislation was enacted effective January 1, 2015 for the Local Government Retirement System. The purpose of the legislation is to control the practice of “pension spiking” in which a member’s (City’s employee who has retired) compensation significantly increases late in his or her career, creating unforeseen liabilities for the Local Government Retirement System. The legislation applies to members who retire on and after July 1, 2015, with an average final compensation of $100,000 or higher. Per the legislation, the State Treasurer’s Office is required to report monthly to each employer a list of those members for whom the employer may be required to make an additional employer contribution should the member elect to retire in the following 12 months. The chief financial officer is required to provide a copy of the report to the governing body. 7. Consider Special Revenue Ordinance Amendment NCHFA 2019 Single Essential Single- Family Rehabilitation (C2120) ----------------------------------------------------------- Donna Goodson Mrs. Goodson stated on February 22, 2019, the North Carolina Housing Finance Agency awarded the City of Kinston a grant to provide interest free, deferred-forgiven loans to Program-eligible homeowners to pay for certain rehabilitation costs of a homeowner’s house. The original amount of the grant was $190,000. This grant is a federal award passed through the State and as such requires a special revenue fund for federal and state single audit purposes. There is no City match required. The City of Kinston has been approved for additional funding to continue the program for more homeowners with the last funding modification increasing the award to $693,327.00 8. Holloway Vaccination Event 11-29 ---------------------------------------------------------- Sarah Arney Sarah Arney, Interim Planning Director, stated the next vaccination/testing event would be held Monday, November 29, 2021 from 3-6 pm at the Holloway Recreation Center. RECESS UNTIL 7:00 REGULAR MEETING REGULAR MEETING Mayor Don Hardy called the City Council Regular Meeting to order at 7:19 pm. Councilmember Robert Swinson led the prayer followed by the Pledge of Allegiance. Councilmembers’ Roll Call Those present: Councilmembers Robert Swinson, Sammy Aiken, Kristal Suggs, Antonio Hardy, and Mayor Pro Tem Felicia Solomon Page 3 of 9 , Kinston City Council Minutes Tuesday, November 16, 2021 CITIZEN COMMENT Citizens must sign in prior to the start of the meeting if they wish to address the City Council. Citizens should state their name and address prior to beginning their comments and may speak up to a maximum of 3 minutes. Citizens seeking assistance or asking questions will be contacted by a member of the Governing Body or by appropriate City Staff. Lori Carmon, 1404 Washington Avenue, asked the City Council to do a better job notifying the public when City owned property is being sold. MINUTES Consider approval of the minutes of the City Council meeting held on Tuesday, October 19, 2021------------------------------------------------------------------------------------------------ Debra Thompson Councilmember Aiken made the motion, seconded by Councilmember Swinson and upon a unanimous vote [5-0] the minutes were approved. PRESENTATIONS AND RECOGNITIONS 1. Captain Milton Kivett, Jr. Retirement --------------------------------- Lea Mills and Jenee Spencer Jenee Spencer, Interim Police Chief, congratulated Mr. Kivett for over years of experience. Mayor Hardy presented a plaque to Mr. Kivett and thanked him for his service with the City of Kinston. 2. Consider Proclamation for Native American Heritage Month-----------------Mayor Don Hardy Mayor Hardy proclaimed November 2021 as Native American Heritage Month. 3. Consider Proclamation for Adkin High School Walkout Marker Dedication Day----------------- ---------------------------------------------------------------------------------------------Mayor Don Hardy Mayor Hardy proclaimed November 20, 2021 as Adkin High School Walkout Marker Dedication Day. Page 4 of 9 , Kinston City Council Minutes Tuesday, November 16, 2021 CONSENT AGENDA All items listed below are considered to be routine, and will be enacted by a single vote. There will be no separate discussion of these items, unless a Councilmember so requests, in which case the item will be moved to the end of the Action Agenda. 1. Consider a Special Revenue Fund Amendment – Ballistic Vest Fund --------- Donna Goodson AN ORDINANCE AMENDING THE SPECIAL REVENUE FUND FOR THE BALLISTIC VEST PARTNERSHIP GRANT (BVP) (P9129) WHEREAS, the City Council created a special revenue fund on March 5, 2012 to account forthe restricted federal funds from the U.S. Department of Justice Ballistic Vest Program, and WHEREAS, the City of Kinston must provide for the safety of its law enforcement officers that watch over the safety of the community and in order to offset the cost of providing necessary personal protective equipment City staff actively seek grant funding sources, and WHEREAS, the Kinston Department of Public Safety has applied for and been awarded a grant by the U.S. Department of Justice Bureau of Justice Assistance for the FY2021 granting period to purchase 17 ballistic vests, and WHEREAS, it is agreed the City of Kinston will match the grant with a local match of $7,048.88 for the purchase of the ballistic vests. The grant will be funded with a split appropriation from Federal Grants BVP Program and Transfer from General Fund. THEREFORE BE IT ORDAINED by the City Council of the City of Kinston, North Carolina that the following special revenue project budget ordinance is amended as follows: Current Amended Increase Ballistic Vest Partnership (BVP) Program Budget Budget (Decrease) Revenues: Federal Grants BVP Program $ 61,587.57 $ 68,257.95 $ 6,670.38 Transfer From General Fund 61,587.58 68,257.95 6,670.37 Total Revenues $ 123,175.15 $ 136,515.90 $ 13,340.75 Expenditures: Capital Outlay Other Equipment $ 123,175.15 $ 136,515.90 $ 13,340.75 Total Expenditures $ 123,175.15 $ 136,515.90 $ 13,340.75 2. Consider a Special Revenue Ordinance Amendment NCHFA 2019 Essential Single-Family Rehabilitation (C2120) -------------------------------------------------------------------- Donna Goodson Page 5 of 9 , Kinston City Council Minutes Tuesday, November 16, 2021 AN ORDINANCE AMENDING THE SPECIAL REVENUE FUND NCFHA 2019 ESSENTIAL SINGLE-FAMILY REHABILITATION (C2120) WHEREAS, on February 22, 2019, the North Carolina Housing Finance Agency awarded the City of Kinston a grant to provide interest free, deferred-forgiven loans to Program- eligible homeowners to pay for certain rehabilitation costs to an owner’s house, and WHEREAS, the City Council authorized the creation of a special revenue fund on May 20, 2019, to account for the grant which is a pass-thru from the U.S. Department of Housing and Urban Development agency’s HOME Investment CPD federal award project, and WHEREAS, the North Carolina Housing Finance Agency has approved additional projects as allowed in the original grant agreement and the modified grant agreement signed by the City of Kinston, and WHEREAS, it is necessary to appropriate funds to pay for materials, contractors, vendors and equipment for the rehabilitation costs. THEREFORE BE IT ORDAINED by the City Council of the City of Kinston, North Carolina that the following special revenue project budget ordinance for associated revenues and expenditures be amended as follows: Current Amended Increase NCHFA 2019 Essential Single-Family Rehabilitation Budget Budget (Decrease) Revenues: Federal Grants $ 190,000 $ 693,327 $ 503,327 Total Revenues $ 190,000 $ 693,327 $ 503,327 Expenditures: NCHFA Loan Pool Funds $ 190,000 $ 693,327 $ 503,327 Total Expenditures $ 190,000 $ 693,327 $ 503,327 Councilmember Swinson made the motion, seconded by Councilmember Suggs and upon a unanimous vote [5-0] the consent agenda was approved. Page 6 of 9 , Kinston City Council Minutes Tuesday, November 16, 2021 ACTION AGENDA 1. Consider a Public Hearing - Donation of the Shirt Factory Site to Kinston Community Health Center ------------------------------------------------------------------------------------- Sarah Arney Sarah Arney, Interim Planning Director, stated the Kinston Community Health Center (KCHC) has expressed interest in developing the former shirt factory site at the corner of Martin Luther King Jr. Blvd. and King St into a new 43,000 square foot medical facility. The KCHC’s investment could amount to between 10-15 million dollars improvements of the property and would provide additional space for healthcare services. In order to secure financing for the project over the next several years, the KCHC has asked for an option on the property which, given that they meet various milestones of financing and planning, would give them the first opportunity to acquire the property. If the KCHC fails to meet any of these financing or planning milestones, the option would not be valid and any other interested party could approach the City Council about acquiring the site. On October 19, 2021 the City Council approved the Resolution and Donation Agreement subject to a public hearing. After the closure of the public hearing the Resolution and Donation Agreement will be approved unless the Council votes to rescind their approval. Lisa Wallace and Anna Kinsey spoke in favor of the conveyance of the property. After no one else speaking in favor of or in opposition, Mayor Hardy closed the public hearing at 8:00 pm. Councilmember Swinson made the motion, seconded by Mayor Pro Tem Solomon and upon a unanimous vote [5-0] the action was approved. 2. Consider Property Bids ------------------------------------------------------------------------- Sarah Arney Sarah Arney, Interim Planning Director, stated Planning received a property bid for 403 Independence Street and 304 East Blount Street from Robert Swinson III. The bid is $500 for each lot totaling $1000 which has been secured with a deposit over 5%. Councilmember Swinson stated pictures were submitted by Robert Swinson III, showing the congestion it causes when the business receives deliveries. Jim Cauley, City Attorney, stated Council adopted a policy requiring the deposit to be full amount when the bid is less than $1000. Mayor Pro Tem Solomon asked if Councilmember Swinson had to recuse himself. Page 7 of 9 , Kinston City Council Minutes Tuesday, November 16, 2021 Jim Cauley stated there is no statutory conflict, because Councilmember Swinson is not a member of the same household as Robert Swinson III. Councilmember Swinson made the motion, seconded by Councilmember Hardy and upon a unanimous vote [5-0] subject to the receipt of the full bid amount the bid was accepted and the City Attorney was authorized to advertise to start the upset bid process. 3. Consider Special Event Permit – Kinston Christmas Parade ------------------------ Chief Spencer Councilmember Swinson made the motion, seconded by Councilmember Suggs and upon a unanimous vote [5-0] the special event permit was approved. 4. Consider a Special Event Permit – 29th Annual Ride for The Kennedy Children’s HomeChief Spencer Councilmember Swinson made the motion, seconded by Councilmember Aiken and upon a unanimous vote [5-0] the special event permit was approved CITY MANAGER’S REPORT 1. Fire Update----------------------------------------------------------------------Damien Locklear Damien Locklear, Fire Chief, stated he would like to start hiring individuals with no experience. The City would provide all classes and training needed. Mayor Pro Tem Solomon stated she would like a formal presentation at the first meeting in January. CITY ATTORNEY’S REPORT The City Attorney had no report. MAYOR AND COUNCILMEMBER REPORTS Councilmember Hardy pleaded with the public to be careful when walking, especially at night. Page 8 of 9 , Kinston City Council Minutes Tuesday, November 16, 2021 Councilmember Suggs stated there will be a vaccination event at the library on Saturday, November 20, 2021 from 2-5 pm. ADJOURNMENT Councilmember Swinson made the motion, seconded by Mayor Pro Tem Solomon and upon a unanimous vote [5-0] the meeting adjourned at 8:40 pm. Respectfully submitted, Joanna Rose, Deputy City Clerk Page 9 of 9