City Council
Regular MeetingKinston, NC · February 21, 2023
Minutes
Kinston City Council
MINUTES
February 21, 2023
Minutes
Kinston City Council
City Hall · 207 East King Street
Tuesday, February 21, 2023
Work Session at 5:30 pm · Regular Meeting at 7:00 pm
This meeting was held in person and published electronically at
https://www.facebook.com/KinstonCityHall
Available for viewing on the local government channels 2 and 102
Mayor Don Hardy called the meeting to order at 5:31 pm.
Councilmember Sammy Aiken joined the meeting via Zoom.
Adoption of the Agenda
If a Councilmember wishes to revise the agenda, the motion to add or delete an item will be
entertained before the adoption of the agenda.
Councilmember Swinson requested the addition of a closed session for personnel and
property matters. - NC GS§143-318.11 (a) (6) and NC GS§143-318.11 (a) (5).
Mayor Pro Tem Hardy made the motion, seconded by Councilmember Suggs and upon a
unanimous vote of [5-0], with the addition of a closed session for personnel - NC GS§143-
318.11 (a) (6) and property - NC GS§143-318.11 (a) (5) matters, the agenda was adopted.
ITEMS FOR DISCUSSION
1. FY 22-23 Quarter 1 Budget Status ------------------------------------------------ Donna Goodson
Donna Goodson, Finance Director said the interim financial report reflects the first three
months of Fiscal Year 22-23 or 25% of the Fiscal Year. Combining all funds, the City received
close to $24 million in revenues and expended $24 million. The internal service funds have
not been presented. The General Fund for that quarter derived 39% of its revenues from three
major sources (Property Taxes, Local Government Sales Taxes, and State Shared Revenue
Franchise Tax. The City’s overall expenses for the quarter show spending at an average of
24%, which is proportional to the previous years
2. FY 22-23 Quarter 2 Budget Status ------------------------------------------------ Donna Goodson
Donna Goodson, Finance Director said the interim financial report reflects the period from
July 1, 2022, to December 31, 2022, which reflects six months of Fiscal Year 22-23. The City
received $47 million in revenues and expended $45.8 million. The General Fund at that point
had received 68% of its revenues from three major sources (Property Taxes, Local Government
Sales Taxes, and State Shared Revenue Franchise Tax. The City’s expenses, both personnel,
and non-labor are showing an average of spending 43% which is proportional to the previous
year.
Kinston City Council Agenda Tuesday, February 21, 2023
3. Review and Provide Consent on List and Economic Development Project -------Elizabeth
Blount
(THIS ITEM WAS STRICKEN FROM THE CONSENT AGENDA)
Elizabeth Blount, Planning Director stated that she was directed to update the City-owned
property list located on the City’s website. The list included properties that bear no use or
purpose to the City. The list has been updated and is currently on the City’s website. Since
the update, it has been brought to the staff’s attention that Council has designated two city
properties (502 and 514 E. Bright Street are one property) and 2008 N. Queen Street for
economic development projects. These projects are not on the updated list, however, there has
been some interest from the community. Ms. Blount said she understands that the Council
would like to explore some proposals for a development project on these properties. Ms.
Blount shared an aerial view of the East Bright Street property and clarified why it was
considered one parcel. She also shared a photo of the 2008 N. Queen Street property. She
asked for a consensus on whether the Council would like to keep those properties for
development projects. In addition, she asked if the Council was interested in removing any
other properties, including her recommendation of the Kingwood Forest listing.
Councilmember Suggs started the discussion and said that he had concerns about four lots.
Parcel 10279 - North East Street and Grainger Avenue that Ms. Hernika Cannon and her
organization adopted through the Adopt-A-Vacant-Lot program in 2017. They approached the
City in July 2022 about getting that property conveyed to their organization. The request has
not come before the Council, and he does not think it would be in good faith to include that
property on the list since she has requested it and the Council has not talked about the request.
He discussed Parcel 11917 – on MLK Blvd. near the intersection of MLK and Chestnut Street.
Bonnie Bass Church of Christ on MLK Blvd. uses that parcel for a parking lot. They are under
the impression that they might have acquired that property from the City at some point. A
fence surrounds it, and they have been taking care of the property. Tax records show that the
City does own it. Ms. Suggs suggested exploring it with them to understand their impression
of the property before we advertise it to others. Also, 401 and 403 N. Orion Street were
included in a motion by the Council in July 2021 to be conveyed to Kinston Teens. It was
found that the City did not own those properties and they do not need to be on the list. He
shared that 819 Tower Hill Road is on the list but is owned by Kinston Teens.
Councilmember Swinson stated that the property at 403 N. Independence was up for upset bids
in the latter part of 2022. He thought Ms. Jessica Lyles purchased that property. Mr. Suggs
stated it is showing up in the tax records that she does own that property.
Councilmember Aiken inquired about the conveyance of 401 and 403 N. Orion Street. Mr.
Suggs shared that they were requested for conveyance to Kinston Teens but was found that the
City did not own them. They are owned by two private individuals.
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Kinston City Council Agenda Tuesday, February 21, 2023
Councilmember Solomon discussed the properties across the street from where we are looking
to build the Kinston Community Health Center and recommended the removal of those
properties from the list. Mr. Suggs suggested that the lots on the opposite side of East Caswell
Street, because of the Community Health Center development be removed from the list as part
of the upset bid process as well. He said next to those properties is the old Fire Station that the
City owns. That property has been leased to a church organization and the building is not on
the list, but the lots around it are. He recommended removing those properties from the list
and maybe having a list that may be used for parking (Parcels 8439, 11909, 11911, and 11912)
on MLK Blvd. and Caswell Street. Also, the properties on the 600 block of Caswell Street are
owned by the City (across MLK Blvd. from the old shirt factory lot). It would be in the City’s
interest to reserve them for economic development. Mr. Suggs suggested all the properties on
the MLK corridor be retained for economic development purposes. He stated that in Uplands
Park, there are two large parcels of land listed in the area of McCaskill Drive and Herbert
Drive. One property is 1.97 acres, one is 2.62 acres; he suggested possibly subdividing those
to coincide with the size of the other parcels in the area. The larger ones might be considered
for economic development, or the City retains ownership. Mr. Suggs pointed out that there
was a lot in the center of the neighborhood, and he did not encourage having it on the upset
bid list.
James Cauley, City Attorney said if those are common areas as indicated on the list, they are
probably not developable lots. They are a common area for the benefit of the residents in that
development. He stated he would like the opportunity to check to see if any could be disposed
of or if they may need to be conveyed to the Homeowners Association out there.
Councilmember Aiken revisited Caswell Street and stated he did concur with using those for
economic development. However, in the past the traffic flow possibly the need to widen the
street may need to be taken into consideration as well.
Councilmember Swinson asked Ms. Blount to check 505 N. McLewean Street because he
thought it was privately owned.
Councilmember Aiken said that there is FEMA land in the flood zone that the City owns, and
nothing can be built on it. Ms. Blount stated that in the original request in October, it was
mentioned by Councilmember Suggs that if there is any property located in the flood area there
was someone interested in, they would consult staff to be directed on what they can and cannot
do; if it is an option.
Ms. Blount said that this was to be advertised and requested that she be able to update the list
and bring it back to the Council. She would like to remove the list from the website as it stands
currently and come back in March.
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Kinston City Council Agenda Tuesday, February 21, 2023
Councilmember Suggs suggested changing the title of the list to describe that it is specifically
for upset bids. He requested a list that specifically describes the community and economic
development properties defined tonight and in the past so we can reference properties reserved
for community and economic development that could also be marketed to developers and
others that are interested in it. He stated that that could also include the Glen Raven Mills
property.
Mayor Hardy asked to have Item # 1 Review and Provide Consent on List and Economic
Development Project struck from the Consent Agenda. It will be brought back to the
Council in March.
4. Consider Authorizing the City Manager to Hire a Public Information Officer (Action
Should Stipulate Whether Full Time or Part Time Employment) -------- Rhonda Barwick
Rhonda Barwick, City Manager related that during the August 16th Work Session the Council
discussed the recruitment of a Public Information Officer. The FY 23 Budget includes $40,278
for this position. No decision was made, and it came up again during the Strategic Planning
Session as one of our goals: building community relationships. The conversation was about
getting our message out and having someone on staff that can help tell our story and share the
things that are going on with our city. Ms. Barwick stated she would like to open discussions
and if inclined to do it, it is on the consent agenda tonight.
Mayor Hardy said as we navigate through the conversation, the question would be if this person
would be part-time or full-time and opened the discussion.
Councilmember Swinson said he is okay with a part-time position as he did not see a full-time
person at this moment.
Councilmember Suggs said considering our public relations/information needs for the City and
an organization that has nearly 400 employees that serve over 19,000 citizens, that is a demand
for a full-time position.
Mayor Pro Tem Hardy shared that through his research he felt that a part-time position is his
recommendation. He felt that using that money to help the Planner was more of a concern to
him.
Councilmember Solomon said that she supports a part-time position.
Councilmember Aiken stated that initially, he was against the position. He has since learned
that it is more than talking to the media. He would like the money to go toward getting staff
in Planning. In this position, he would like for the position to be part-time. Ms. Solomon said
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Kinston City Council Agenda Tuesday, February 21, 2023
she would agree with Mr. Aiken and the reason she was not promoting full-time was because
of the needs we have in the Planning Department.
Mayor Hardy recommended having a POI whether it is full-time or part-time.
Councilmember Solomon asked if we have considered the salary of a part-time versus a full-
time POI and taking into consideration the Human Resource needs that we have in the Planning
Department to see what we are looking at. She shared that if it was to be prioritized it would
be 1) Planning, 2) Planning, 3) PIO; making sure that the salaries are comfortable for the
Planning Department, but she does not think we can do without a PIO. Councilmember
Swinson said that was his concern as well and found out this morning that the young lady
working with her is no longer here after taking another position elsewhere.
Mayor Hardy stated that it is clear that the Planning Department needs help, and we want to
provide that in addition to having the PIO. He stated it was the consensus of the Council to
have at least a part-time PIO and help the Planning Department.
Councilmember Aiken asked if the person would need any type of security clearance. Ms.
Barwick explained that all city employees undergo a background check before they are hired
and would have to be someone who respected the confidentiality of the information they would
have access.
Councilmember Suggs asked if we were planning to hire someone part-time at the budget
amount ($40,278) and asked what the suggested salary would be. In looking at the job
description, it is an extensive level of work, requiring a specific skillset in communication. He
is hoping that we can attract someone at a decent, and appropriate wage. Mayor Hardy agreed
and stated they would vote to hire a person part-time and what that salary would look like. Ms.
Barwick reminded the Council that the conversation in August was that we have $40, 278, but
we do not want someone who just knows how to run Facebook.; we want a professional Public
Information Officer. She said she would hope that the $40,278 would be available to get a
part-time person.
Councilmember Suggs shared that the current PIO for the County has gone through the FEMA
Emergency Management Public Information Officer Certification and was something that
needed to be required which could be added to the job description.
Mayor Hardy asked Ms. Barwick to add that to the position.
Councilmember Swinson asked if an individual is found for the position, are we willing to
adjust the salary? Is it an option if we cannot afford to pay the salary, we do a contract with
them until a later date. Ms. Goodson explained that if they are a City employee they will have
to be treated as an employee. Councilmember Solomon asked if the two planning position’s
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Kinston City Council Agenda Tuesday, February 21, 2023
salaries were solid. Ms. Barwick stated Ms. Blount is currently advertising and interviewing
for the Abatement Officer and the Community Development Planner. Ms. Solomon asked if
there were funds to sustain a higher salary. Ms. Goodson said that the salaries that are given
were based on the grades for those positions. Ms. Solomon asked specifically if there was a
range for the PIO. Ms. Barwick said that there is a range and a budget. She would like to put
it out there and see what we will get. If it is $42K, she would look through existing budgets
for additional funds to make it work. She will come back if she advertises, and they are not
interested at all.
Councilmember Aiken asked about the requirement of the working hours. Mayor Hardy said
he thinks there will be some flexibility in their hours. Ms. Barwick said her plan is not that the
PIO will usurp any duties that the Directors would have. They are still going to be the expert
in their areas. The PIO is to supplement the information needed to get out. Councilmember
Suggs reminded that the PIO as budgeted is under the City Manager’s organization and will be
utilized at her discretion.
Mayor Hardy said we are looking at posting the position and seeing if we had someone who
would like to take it as a part-time position at the current salary we have. If not, we will look
at a sustainable range that can be used for the PIO. He asked if there was a consensus to
consider that.
Roll Call
Councilmembers Solomon, Aiken, Suggs, Swinson, and Mayor Pro Tem Hardy - - Yes
5. Annual Water System Chlorine Conversion ----------------------------------------- Steve Miller
Steve Miller, Public Services Director shared that beginning March 13th they will begin the
conversion to free chlorine instead of chloramines as the disinfectant in our water system. This
has been done annually since 2008 in coordination with WASA and the other members. The
State recommends that the systems that use chloramines make this conversion every year to
keep the systems clean and free of bacteria. It will end on April 17th and if anyone has any
issues, please call 939-3282
6. Spring Infrastructure Funding Opportunities --------------------------------------- Steve Miller
Steve Miller, Public Services Director began by sharing some announcements from the State
for the Fall 2022 cycle. We had submitted three projects that were submitted for different parts
of our infrastructure. One was for the Briery Run Sewer Phase VI project requesting $8.3
million and we were denied, We missed the lowest-funded project by six points. Also, a $5
million request for flooding for the construction of the Adkin Branch Flood Mitigation Project.
That project was missed by two points. We will continue to look for opportunities. There is
still a $3 million application for the Adkin Branch that has been submitted to a pot of money
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Kinston City Council Agenda Tuesday, February 21, 2023
and we are waiting to hear about that. There was one successful grant that was pursued in
these cycles. Mr. Miller shared that he was honored to have Ethan Green from the Engineering
Department with us. He has been with us for about two years, is a Civil Engineer I in the
department, is an NC State University graduate, and is a local product. Mr. Green made this
his first successful grant application. The grant is for $400,000.
Ethan Green, Civil Engineer I shared that he grew up in Pink Hill and was happy to be back
here working for his community, seeing some progress, and being part of that change. The
Local Assistance for Stormwater Infrastructure Investments Program (funding program) for
instruction and planning projects that will improve or create infrastructure for controlling
stormwater quantity and quality was applied for in September of 2022. Recently, the City was
awarded $400,000 from that program to conduct an asset inventory and condition assessment
for our stormwater system. The goal is to create a complete map of our stormwater system
and identify problem areas within our system. The funding provided by this grant can be used
to record approximately 232,500 linear feet of stormwater pipes via circuit television. The
funds will also be used to conduct visual inspections and outfall testing for total nitrogen and
total phosphorus discharge. Using the information provided by the recordings can identify
potential projects that will be added to our Capital Improvement Plan. We will use those
identified projects to apply for construction grants in the future. These potential projects could
range from restoring aged infrastructure or identifying potential upgrades to our system to
prevent flooding. Another goal of this project is to use the collected data to update our GIS
maps so that they more accurately depict our stormwater assets. The GIS map is used daily
when conducting maintenance or preliminary planning for major projects. The last measure
of the stormwater Capital Improvement Plan was in 2008 when the stormwater utility was
established. We have completed all but three of the original 19 projects. Mayor Hardy thanked
Mr. Green for his efforts in applying for the grant.
Councilmember Aiken thanked Mr. Green and talked about the grant several years ago for
about $170,000. He asked Mr. Miller to comment on that and stated that in certain areas of
the city, we had about 100-year-old terracotta pipes and inquired if this will cover inspections
with robot video. Mr. Miller explained that it will include cameras and pipes. This is for
stormwater and terracotta is not a material used in stormwater. Most stormwater pipes are
concrete, and they will be used on the storm system instead of the sewer system. We have had
some other grants for both the wastewater system and the water system in recent years, but this
is the first opportunity to get anything for stormwater. He announced that the Division of
Water Infrastructure will take official action today and he will have more detail on that in the
coming days.
Mr. Miller shared a list of opportunities coming out, from President Biden’s bills to State bills.
They consisted of Clean Water SRF with a deadline of May 1st with more information by the
end of this month and stated they are looking for both water and sewer grants, CDBG, Electric
Grid Resiliency, Energy Efficiency and Conservation Block Grant Program, US
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Kinston City Council Agenda Tuesday, February 21, 2023
Transportation, US DOT – Safer Street Program, Rural Transportation Grant Program, DOT –
Reconnecting Communities, and the Federal Railroad Administration - Crossing Elimination.
There is also Golden Leaf – Flood Mitigation. Knowing those things are there when we hear
things come up, we will be looking at those pots to see if there is something available when
we have projects that are proposed.
Councilmember Aiken said with the long list of grants that Mr. Miller mentioned, is the reason
that Planning needs a grant writer. He then shared that he attended the Committee of 100
meeting that had money that came from the State. Compared with others the City received
$100,000 which was one of the lowest amounts. Mayor Hardy said that he will continue to
advocate for funds and provide CIPs to our legislators as to how we can get funds.
Councilmember Solomon welcomed Ethan for coming home again and thanked him for such
a grand re-entry. He could not have been presented any greater than coming in with a $400,000
grant. Regarding grants, this is one thing that happens with the PIO. With a grant writer can
only write what the residential experts provide to him.
Councilmember Suggs asked about the grant from the Federal DOT regarding things that have
been cut off by highway development and if MLK, Jr. Blvd. qualifies. Mr. Miller stated that
once they received more information, he would see how things will fit. This change in
designation was a while back and will see how much that counts toward it.
7. Updates, Multiple Topics: North/Mitchell Gateway and Downtown Lights Projects,
Volunteers, Fundraising, Concert, Realty, Influencing Other Communities - Leon Steele
Leon Steele, Executive Director, of Downtown Kinston Revitalization shared that the mural is
underway at the corner of North and Mitchell Streets. They have ordered the two benches that
were donated in memorial of certain people and some pergolas will be built for those benches,
and some sculptures being donated for the memorial garden as well. Mr. Steele discussed the
lights on Herritage Street that DK started last year. They want to continue that in the 11 blocks
of the area and there is an ongoing fundraiser with some donations already and others are
considering. They are about halfway there and would like to get them ordered in mid-March
so that they will be installed during April to have them up in time for the Barbecue Festival.
If the $7,400 goal is not reached, they will order what they have the funds for. He stated that
some have chosen a street for their lights. The blocks mentioned are from McLewean, Gordon,
and Blount Streets to Herritage Street or Mitchell Street (depending on where the street ends).
The East/West lights will be warm white, and the North/South lights will be cool white
(Mitchell Street and Herritage Street).
Mr. Steele reminded everyone to buy their tickets online at downtownkinston.com for the
upcoming Pizzazz Band event at the Lenoir County Fairgrounds as a kickoff party on Friday
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Kinston City Council Agenda Tuesday, February 21, 2023
night, April 21st for the 2nd Annual Renaissance Faire. The tickets for the Pizzazz Band are
$20 with a $20 rate for Saturday and Sunday at the Faire.
Mr. Steele said they are arranging for a cleanup day for downtown before the Barbecue Festival
and they are looking for volunteers whether it is industries that may have groups to volunteer
or merchants, that may want to adopt their block.
Mr. Steele expressed their tremendous gratitude for the community support for all their
projects. They get funding from the City and revenue from the Kinston Enterprise Center, but
that was not enough to do the things the work they need to do. They have an obligation and a
commitment, a mission and a vision to fulfill for the City of Kinston and the people here. Since
he has been here from 2018 to date, the generous citizens have funded almost everything they
have needed to do. That amounts to about $200,000 since 2018. In full transparency he wanted
everyone to understand that when they raise money for projects, every penny of that money is
earmarked and spent on that project. He stated they are grateful for the volunteers and the in-
kind volunteer work as well. Mr. Steele stated some committees have transitioned into almost
non-existence and they are required to have them. If anyone is interested and has any
knowledge of downtown economic development, event planning, fundraising and grant
writing, property development, gardening, design, ordinances, or other skillsets that would
benefit downtown and want to become involved as a change maker for the community, get
with him and they will be glad to utilize your services for the time and interest you have. He
shared that the marketing that has/is being done has brought attention to Kinston. He gets calls
from people regularly looking for space to rent or lease. They would like to partner with some
realtors with helping to redevelop these properties. Before that, they have other work to do
(ordinances, incentives). In the places that developers are coming from they are used to
incentives (tax abatement, discounted utilities, etc.). He asked if we could provide incentives
to industries, and why can we not tailor those to the mom and pops. Mr. Steele shared that he
had conversations about economic development in lower South Queen Street. We need to start
focusing on other areas (especially lower South Queen Street), and people are investing in that
district.
Today, a video dropped on the DK page of Ms. Tammy Joyce who drove over from
Thomasville and did a walking tour of downtown, and asked everyone to go watch it. He
shared another experience of a call from either Arizona or New Mexico from the downtown
developer there because of a post on the DK page of a building for sale that a board member
had seen. After emailing details about the building, the board member came here and bought
the building. Anyone who wants to get involved please come see him at Kinston Enterprise
Center (327 N. Queen Street).
Councilmember Solomon asked who decided what mural would go on the building (what was
the process). Mr. Steele said the design committee selected an artist and decided on that. He
added that it was funded with private money. Ms. Solomon asked that before something goes
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Kinston City Council Agenda Tuesday, February 21, 2023
up as public art the City be given the courtesy of it being shared. She thanked Mr. Steele for
getting the signatures for the stop sign. She asked for an update at the next session on the
window façade that was discussed. Mr. Steele said that they have approved the application for
two façade grants this week. One of them is Tops, Bottoms, and Soles for two of his three
buildings. The other was for the 400 block of North Queen (two buildings by the railroad
tracks). They are putting in windows. Ms. Solomon said as the Planning Department begins
work on economic development, that will be a key location that developers will look at. Mr.
Steele explained that they do have a façade grant and for applications please see him.
8. Kinston Police Department Update -------------------------------------------------- Keith Goyette
Chief Goyette stated that this past Friday they partnered with one of their sister agencies
(Fayetteville Police Department) and five of our officers went to Fayetteville to look at some
of their programs that the department would like to mirror. Fayetteville has a faith-based
program that we are working on. Two of the School Resource Officers, one from Kinston
High and one from Rochelle attended EKG (Educating Kids on Guns) Training and can now
teach that in middle and high schools. They are in the process of meeting with the respective
principals to set up those courses and they will also offer the course to the community. Chief
Goyette shared that they had a CLEAR event at Chick Fil A, and one will be held tomorrow
night from 6 to 8 pm at Holloway Center. The following Tuesday there will be one at Mary’s
Soup Kitchen from 9 to 11 am and at the Freedom Classic all weekend. He announced that a
promotion ceremony will be held on Wednesday, March 22nd at Lenoir Community College’s
Briley Auditorium at 6 pm. He added that the Sheriff’s Office will have a promotional
ceremony on Monday, March 20th at LCC at 7 pm. On May 18th there will be a Gang
Symposium at the GATE of Lenoir County; more information will be forthcoming. Chief
Goyette stated that they have a speed enforcement campaign going and it has been helpful and
proactive. He gave an animal control update and said they will begin putting what they are
doing animal control-wise on social media. Chief Goyette explained that we have one Animal
Control officer that works 7 am – 4 pm Monday through Friday. When he is not available, the
Police Officer will handle the calls and said that with the number of calls they have, the Animal
Control Officer is very important. He said he will be meeting with a group in the Eagle Road
area next week and has a meeting tomorrow near the Walmart area with animal concerns for
an update.
Councilmember Suggs thanked him for the update and is looking forward to the next update.
It is a concern and they have received quite a few emails regarding this. He expressed his
concerns as well with the dogs in his area. He stressed that this was something that needed to
be addressed. Chief Goyette responded that they were working on it. Mayor Hardy shared
that we could take an aggressive approach and we need to be careful when we dispatch dogs
as well, but those options are available. Mr. Suggs shared some short-term ideas such as
exploring this becoming a joint conversation between the City and County about how we
address this. He also spoke about educating everyone on the City’s leash laws on social media
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Kinston City Council Agenda Tuesday, February 21, 2023
and possibly signage in different neighborhoods. Mayor Pro Tem Hardy stated that they did
have that meeting this morning with the County about animal control.
Councilmember Aiken said that there was a committee called the Vicious Dog Committee. He
asked about the title, Animal Control, and asked for a definition. Chief Goyette said that our
animal control is domesticated animals (cats, dogs). Other things will need to be addressed by
a professional.
Mayor Hardy recessed the meeting at 7:14 pm.
RECESS UNTIL 7:00 REGULAR MEETING
REGULAR MEETING
Mayor Pro Tem Antonio Hardy called the meeting to order at 7:28 pm.
Pastor Michelle Gooding, Herring Grove Free Will Baptist Church delivered the prayer, followed
by everyone reciting the pledge of allegiance.
Councilmembers’ Roll Call
Present: Councilmembers Felicia Solomon, Chris J. Suggs, Robert Swinson, and Mayor
Pro Tem Hardy. Councilmember Aiken participated via Zoom.
Present Also: Rhonda Barwick, City Manager and James Cauley, City Attorney.
Excused: Mayor Don Hardy
CITIZEN COMMENT
Citizens must sign in before the start of the meeting if they wish to address the City Council.
Citizens should state their name and address before beginning their comments and may speak up for 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.
1. Quarla Blackwell, 804 Chestnut Street, Kinston, NC – Ms. Blackwell shared her concerns with
vicious dogs roaming her neighborhood. She stated that this is not just a matter of sending a
dog catcher out with one truck. Ms. Blackwell stated that the dogs lay out all day near the
corner by Adkin and Macon all day and are breeding more puppies. On January 12th at about
3:00 am she was awakened and saw a pack of dogs dragging something down the road. Ms.
Blackwell shared pictures of the dogs and stated that they become vicious at night. The dogs
drug a young lady in a motorized scooter under a house. She stated that they killed both of her
dogs who were in a 10X10X10 enclosure by opening the gate and then dragging them down
the road. Ms. Blackwell discussed that the number to animal control takes you to the health
department and the 3139 number does not do anything. She stated that she called all day
yesterday and had not seen anyone arrive to give her any assistance yet. She said the dogs are
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Kinston City Council Agenda Tuesday, February 21, 2023
smart and when they see the dog catcher they go under the house; we have to do something to
bring them out.
Mayor Pro Tem Hardy thanked Ms. Blackwell and said someone will get with her shortly.
Adoption of the Agenda
If a Councilmember wishes to revise the agenda, the motion to add or delete an item will be entertained
before the adoption of the agenda.
Councilmember Suggs made the motion, seconded by Councilmember Swinson and upon a
unanimous vote of [5-0], with the removal of the property list and the addition of a closed
session for personnel - NC GS 143-318.11 (a) (6) and property - NC GS 143-318.11 (a) (5)
matters, the agenda was adopted.
MINUTES
Consider approval of the minutes of the City Council meeting held on Thursday, January 26, 2023
and Tuesday, February 7, 2023 ----------------------------------------------------------- Debra Thompson
Swinson made the motion, seconded by Councilmember Suggs, and upon a unanimous vote
of [5-0], the minutes for January 26, 2023, and February 7, 2023, were approved.
CONSENT AGENDA
1. Review and Provide Consent on List and Economic Development Project -------Elizabeth
Blount
(THIS ITEM WAS STRUCK FROM THE CONSENT AGENDA)
1. Consider Authorizing the City Manager to Hire a Public Information Officer (Action
Should Stipulate Whether Full Time or Part Time Employment) -------- Rhonda Barwick
Councilmember Suggs made the motion, seconded by Councilmember Solomon, and upon a
unanimous vote of [5-0], the Consent Agenda was approved.
ACTION AGENDA
1. Consider Request to Amend the City of Kinston Unified Development Ordinance – Section
7.34 and Conduct Public Hearing ------------------------------------------------ Elizabeth Blount
Elizabeth Blount, Planning Director stated that a request was received from Jerry Jones to
amend Section 7.34.1 Supplemental Regulations of the UDO to remove the 500 ft. restrictions
of places of worship and residentially zoned property from tattoo and body-piercing shops
located in the B-1 zoning district. Ms. Blount Section 7.34 was amended in October 2022 to
remove the B-2 (Central Business District) from the separation due to churches not being
Page 12 of 18
Kinston City Council Agenda Tuesday, February 21, 2023
permitted in that zoning district. The B-1 zoning district serves as a buffer to medium to high-
density residential areas. Tattoo and body-piercing parlors are only permitted with a Special
Use Permit in the B-1, B-2, and SC (shopping center) zoning districts. All other parts remained
the same with that amendment. Ms. Blount showed a zoning map of the locations of the B-1
zoning district to remind Council of B-1 zoning being spread sporadically throughout the city.
The proposed regulation would require the separation of church and residential districts in the
SC zoning district. This request is removing the separation from B-1, leaving the SC district
as the only place with that separation. The proposed wording in 7.34.1 is the tattoo parlor in
the SC zoning district may not be located or operated within 500 ft. of your places of worship
or residentially zoned property if the Council decides to accept this request to amend the
ordinance. The Planning board reviewed this on February 9th and saw issues with removing
the separation regulations for B-1 and unanimously recommended approval of the text
amendment.
James Cauley, City Attorney explained that this item is a legislative process and the Public
Hearing is the next step. Depending on whether this item passes will dictate if we get to the
next item. The next item is a Special Use Permit request. That process is an evidentiary
process where witnesses are sworn. We will only get to that if the text amendment is approved.
Mayor Pro Tem Hardy opened the Public Hearing.
Jerry Jones, 417 Frida Road, New Bern, NC – Mr. Jones stated he would like to open his shop
in Kinston because he grew up here (lived in Grifton and hung out in Kinston). His first job
was at Andy’s in the mall and shared that he is a veteran of the US Marine Corps with two
combat tours of duty.
Councilmember Aiken asked what the hours of operation would be. Mr. Jones stated they
would be from 1 pm to 9 pm on Tuesday through Saturday.
Mr. Cauley clarified that we are talking only about the text amendment and not the specific
use of this particular piece of property (the next item). We are talking about the text
amendment which is the issue of whether to allow tattoo parlors without a separation
requirement in the B-1 zone throughout the city.
Gary Jones spoke and noted that he has owned the building at 1602 W. Vernon Avenue since
2005. They have not tried to rent the building, but Jerry Jones came to him and he felt it would
be beneficial to the city not to turn down businesses that want to open. He said that he did not
think that someone that wanted to work by appointment only behind a locked door would harm
anyone in the city of Kinston. He will have only one customer at a time.
Mayor Pro Tem Hardy closed the Public Hearing.
Page 13 of 18
Kinston City Council Agenda Tuesday, February 21, 2023
Councilmember Suggs made the motion, seconded by Councilmember Swinson, and upon a
unanimous vote of [5-0], the request to amend the City of Kinston Unified Development
Ordinance – Section 7.34 was approved.
2. Consider the Request to Obtain Special Use Permit to Operate a Tattoo Parlor and
Conduct Public Hearing ----------------------------------------------------------- Elizabeth Blount
Mr. Cauley stated this is an evidentiary hearing where any witnesses would need to be sworn.
Mr. Aiken cannot participate in an evidentiary hearing via remote means.
Mayor Pro Tem Hardy opened the Public Hearing.
Jerry Jones and Elizabeth Blount were sworn in by the City Clerk.
Elizabeth Blount, Planning Director stated that a request for a Special Use Permit was received
from Jerry Jones to operate a tattoo and body piercing parlor. The text amendment has been
approved, this request was contingent upon that approval, and this is a quasi-judicial
proceeding. The request is for 1602 W. Vernon Avenue, Suite B and the findings of fact
include the following:
• The property is zoned B-1 (General Business District).
• Surrounding zoning includes B-1 and RA-6 (Residential District to the North; B-1 and
RA-5 (Residential District) to the South; B-1 to the East and the West.
• The subject property is 0.38 acres in size with approximately 109 ft. of frontage along
West Vernon Avenue.
• Adjacent land uses include retail (thrift store and coffee shop) to the North; Commercial
and Residential to the South; Commercial (Time Financing) to the East; and retail (vape
and novelty shop and bakery to the West.
Per the General Statutes in Section 4.5.4.6 of the City’s UDO, reasonable conditions may be
imposed upon Special Use Permits. Staff recommends two conditions to be added to the
Special Use Permit:
• The applicant must obtain and maintain a permit from the Department of Public
Health and comply with such requirements.
• The applicant must comply with 15A NCAC 18A.3200 in addition to the NC
General Statute §14-1400 prohibiting tattoo and body piercings for those under 18
years of age.
The Planning Board recommended approval of the Special Use Permit with the recommended
conditions. The meeting package includes the criteria for evaluating the findings along with
the Special Use criteria for a quasi-judicial process.
Page 14 of 18
Kinston City Council Agenda Tuesday, February 21, 2023
Jerry Jones returned to the podium and stated there was nothing else he wanted to add. Mr.
Cauley asked Mr. Jones if he agreed with those conditions. Mr. Jones stated he did and stated
his hours of operations would be Tuesday through Saturday from 1 to 9 pm. Mr. Cauley asked
if he was agreeable that they would be a part of the permit. Mr. Jones stated he was.
Councilmember Swinson made the motion, seconded by Councilmember Suggs, and upon a
unanimous vote of [4-0], the Special Use Permit to Operate a Tattoo Parlor was approved.
Mayor Pro Tem Hardy closed the Public Hearing.
Councilmember Solomon thanked Mr. Jones for his service to our Country.
Ms. Blount stated that by the General Statute, this decision must be reduced to writing. It will
be put to writing with all the recommended conditions and brought back before the Council.
3. Consider Request to Finalize Schedule of Quarterly Town Hall Meetings ------------ Debra
Thompson
Debra Thompson, City Clerk stated that at the Strategic Planning Session held on January 26th,
the Council asked that quarterly Town Hall Meetings be scheduled. A tentative schedule has
been prepared and presented to the Council. After discussion regarding the dates, times, and
locations the Council agreed to table this item until the next Council Meeting.
Councilmember Swinson made the motion, seconded by Councilmember Suggs, and upon a
unanimous vote of [5-0], the quarterly Town Hall Meeting schedule was tabled until the
dates, times, and locations could be established.
CITY MANAGER’S REPORT
Rhonda Barwick, City Manager asked Corey Povar to discuss the events this weekend at the
stadium.
Corey Povar, Director of Parks and Recreation shared that since we have folks and
councilmembers that have been in the military, it is an honor to present the Freedom Classic
at Historic Grainger Stadium. He explained that it is a baseball tournament between the Naval
and Air Force Universities. Mr. Povar invited the community to come out February 24 through
26 to support the event. They are trading in their service for their community to receive an
education. The games are scheduled for Friday-6 pm, Saturday-2 pm, and Sunday at 12:30
pm. He stated the Freedom Classic committee, Parks and Recreation staff, and countless
volunteers have put in a ton of work to pull this off with several donors throughout the
community as well. Mayor Pro Tem Hardy said he would carry the Marine Corps flag on
Friday night.
Page 15 of 18
Kinston City Council Agenda Tuesday, February 21, 2023
CITY ATTORNEY’S REPORT
There was no City Attorney’s Report.
MAYOR AND COUNCILMEMBER REPORTS
Councilmember Solomon discussed an email sent by Sue Ellen Maddux to the Council on behalf
of the Executive Board at The GATE about the design she sent. It is now time for the leaseholder
improvements to be conducted. In years past, the building has undergone renovations (painting).
She shared the submitted design which is a wrap, and it covers the entranceway and the side of the
building. Ms. Solomon stated she wanted to make the Council aware and receive consensus. The
GATE was considered during the mural program and was not selected. This is an opportunity for
that artwork to be put in another area of town.
Councilmember Suggs discussed the property leased to a church organization on MLK Boulevard.
He stated he would like for the City to update the Council on the lease between the City and The
GATE. He said he understands that over the last few months, there have been conversations
around juvenile crime and delinquency in the City. Mr. Suggs stated there was some
misunderstanding about how much support the City has provided for that facility. The initial
purpose of the building was for gang awareness and technical education, but over time things have
changed, and considering it has been close to 15 years since the City entered that agreement with
The GATE it is due time to revisit and get an update on what The GATE is doing for the
community. Last year during the height of our juvenile crime and delinquency problems, The
GATE was only operational on Friday nights. The feedback from the community is that we need
more young people to do in the city. The City has invested so much money in the creation of the
facility and we could still cover the operational costs. It would be wise to examine our investment
in the facility/program and see if it is something that is working. Are there things to ask The GATE
to do to deepen the resources we provide for young people in our community Mr. Suggs said before
we approve any leaseholder improvements to revisit the lease and see if they are providing the
services that the City and The Gate agreed to at the time of the agreement. Ms. Solomon stated
that this is at no cost to the City. She stated that the building is designed for the youth and when
we consider that being to have something that reflects them and then speaks to that which
overcomes everything (love). She shared that recently she has gone a couple of nights (Friday
nights) and there were legitimate concerns regarding what was happening. Leadership has
changed and there were almost 70 kids on a Friday night. She has watched the relationships that
have been developed between the adults in the building and the children and watched parents come
with their children. She recommended everyone take time out and visit on Friday nights at 6 pm
because your presence matters. Ms. Solomon stated if we could reach more kids and have them
in that safe place we need to have more adults show up. That is something that we need.
Councilmember Suggs said he did receive the email regarding the request from The GATE, and
considering the City owns the building, even though there is no cost to the City he assumed we
Page 16 of 18
Kinston City Council Agenda Tuesday, February 21, 2023
have to vote and approve the improvements to the building at some point. He requested the City
Manager give an update on whatever agreement is in place, and maybe an update from The Gate’s
leadership before the item is added to the agenda. Ms. Barwick said they will be invited to the
next meeting and ahead of that she will give the Council a copy of the lease and a copy of the
budget and the investments that we make. Ms. Solomon asked for consensus and Mr. Suggs said
he was not fine with giving consent at this time. Councilmember Aiken stated he would like an
update and revisit the initial contract (15 years ago).
Councilmember Aiken recognized Nicholas Askew and that he is in Sports Illustrated. He went
to Kinston High and was a great tennis player. He is presently at Howard University, Washington,
DC as the swimming coach. Their team is having phenomenal success in the last couple of years,
and he is in the upcoming issue of Sports Illustrated. We are known as a sports town for football
and basketball and can now add swimming to our accolades. Mr. Aiken shared that Mr. Askew
was disappointed that the pool he learned to swim in (Emma Webb) was being destroyed. He is
the son of Dr. Joe Askew. Councilmember Swinson added that Nick was a swimmer at Kinston
High along with his brothers, they all attend Howard University and are Howard Bisons. He said
he also tried out for the Olympic team, and we are very proud of the Askew brothers and Nick
Askew as well. Councilmember Suggs noted that he is not just in Sports Illustrated, he is on the
cover and that is a big thing for Kinston.
Mayor Pro Tem Hardy apologized that the Mayor had to leave and shared that he was meeting in
Raleigh with some legislators tomorrow morning. Also, he stated that the issue of Six Churches
has come up again. They have loiterers in the building when it gets cold and asked that we look
at that. Mr. Hardy stated that the resident of 308 East Highland Avenue was complaining about
weeds that have been called in with no response. He thanked the staff for the work that they do
and wanted to continue to let the public know the great things the City is doing. We are in
conversation with the County and are making improvements. Councilmember Swinson stated that
Six Churches and Kinston Towers’ doors are locked, so someone is letting the individuals in. He
said we would have them check their cameras. Councilmember Suggs said those are
owned/operated by Kinston Housing Authority and he felt that the concerned citizens should reach
out to them and let them know they need to increase their security or seek information about hiring
off-duty officers. That is something their board and staff need to be made aware of. Mr. Suggs
stated that it is often the case that with the hours of operation, our homeless population does not
have any place to go and typically finds shelter in hallways, abandoned homes, or other public
places. As a community, the Council could work with the homeless shelter, housing authority,
etc., to figure out places that are open during the day when the homeless shelter is not open for
these individuals to go. Councilmember Aiken stated at one time there was extra security at the
library due to people going there in adverse weather.
Councilmember Suggs recognized the life of Mr. Tyre Nichols who passed in Memphis, TN
following a horrific and tragic traffic accident. The officers were fired and charged, and it is
imperative for the community members, the elected officials, and law enforcement to do what we
Page 17 of 18
Kinston City Council Agenda Tuesday, February 21, 2023
can to prevent incidents like that from ever happening again. He said never should a traffic stop
result in somebody being murdered. The City has done a lot around addressing racial and ethnic
disparities. We have the DMC program with the grant received from the Governor’s Crime
Commission, and different community engagement initiatives like the C.L.E.A.R. events. Mr.
Suggs stated we want to keep the officers safe and shared that he has been alarmed at the amount
of contact between the police and the community that comes from traffic stops. After the incident
in Memphis, he thought about what we could do here to make sure our traffic stops are safe for
our officers and the community. There has been positive and negative feedback about the Vernon
Avenue traffic enforcement over the last week and his idea is to start having conversations with
the community through the police department at the events to find out what we can do to reduce
the necessity for officers to be involved in traffic enforcement. He shared that in North Carolina
Charlotte and Fayetteville have started creating divisions where officers are not heavily enforcing
non-moving violations (equipment, expired registrations, etc.). They will send a ticket in the mail
and in Fayetteville a non-sworn officer conducting that type of traffic enforcement. This is being
done in Fayetteville, Berkley, CA, and Philadelphia, PA. As we move into the 21st century trying
to figure out how we keep our community and city employees safe, we can explore ideas to figure
out what are some ways to continue to learn from other cities. We do not want an incident like
what happened to Mr. Nichols in Memphis, TN.
CLOSED SESSION
Mayor Pro Tem Hardy made the motion, seconded by Councilmember Swinson, and upon a
unanimous vote of [5-0], pursuant to NC GS§143-318.11 (a) (6) - personnel and NC GS§143-
318.11 (a) (5) – property matters the Council entered a closed session at 8:30 pm.
The Council returned to the open session at 9:31 pm.
ADJOURNMENT
Councilmember Solomon shared her concerns about the GroupWise email software and
Councilmember Suggs shared his concerns as well. They concurred that it lacks efficiency. Ms.
Solomon said this is something that needs to be looked at during the budget. Process. Ms. Barwick
stated that she would ask Mr. Thomas for some estimates for the budget. Mr. Suggs suggested
that the software be cloud-based. Michael Thomas, MIS Director joined in the discussion and
clarified that all the computers do have Microsoft Office 21 except recently purchased computers
for the police department. It was also discussed that items have been included in the budget that
was denied because of other priorities.
Solomon made the motion, seconded by Councilmember Suggs, and upon a unanimous vote
of [5-0], the Kinston City Council Meeting was adjourned at 9:40 pm.
Respectfully submitted,
Debra Thompson, City Clerk
Page 18 of 18
Agenda
Kinston City Council
AGENDA
Tuesday, February 21, 2023
Work Session at 5:30 pm Regular Meeting at 7:00 pm
Mayor Don Hardy
Mayor Pro Tem Antonio Hardy
Councilmembers
Sammy Aiken
Felicia Solomon
Chris J. Suggs
Robert Swinson
Agenda
Kinston City Council
City Hall · 207 East King Street
Tuesday, February 21, 2023
Work Session at 5:30 pm · Regular Meeting at 7:00 pm
This meeting will be held in person and published electronically at
https://www.facebook.com/KinstonCityHall
Available for viewing on the local government channels 2 and 102
Call to Order ------------------------------------------------------------------------------ Mayor Don Hardy
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.
Motion/Second
ITEMS FOR DISCUSSION
1. FY 22-23 Quarter 1 Budget Status ---------------------------------------------------- Donna Goodson
2. FY 22-23 Quarter 2 Budget Status ---------------------------------------------------- Donna Goodson
3. Review and Provide Consent on List and Economic Development Project --- Elizabeth Blount
4. Consider Authorizing the City Manager to Hire a Public Information Officer (Action Should
Stipulate Whether Full Time or Part Time Employment)------------------------ Rhonda Barwick
5. Annual Water System Chlorine Conversion ---------------------------------------------- Steve Miller
6. Spring Infrastructure Funding Opportunities --------------------------------------------- Steve Miller
7. Updates, Multiple Topics: North/Mitchell Gateway and Downtown Lights Projects, Volunteers,
Fundraising, Concert, Realty, Influencing Other Communities----------------------- Leon Steele
8. Kinston Police Department Update ------------------------------------------------------ Keith Goyette
RECESS UNTIL 7:00 REGULAR MEETING
REGULAR MEETING
Call to Order ------------------------------------------------------------------------------ Mayor Don Hardy
Prayer ---------------------------- Pastor Michelle Gooding, Herring Grove Free Will Baptist Church
Kinston City Council Agenda Tuesday, February 21, 2023
Pledge of Allegiance
Councilmembers’ Roll Call
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.
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.
Motion/Second
MINUTES
Consider approval of the minutes of the City Council meeting held on Thursday, January 26, 2023
and Tuesday, February 7, 2023 ----------------------------------------------------------- Debra Thompson
Motion/Second
CONSENT AGENDA
1. Review and Provide Consent on List and Economic Development Project --- Elizabeth Blount
2. Consider Authorizing the City Manager to Hire a Public Information Officer (Action Should
Stipulate Whether Full Time or Part Time Employment)------------------------ Rhonda Barwick
Motion/Second
ACTION AGENDA
1. Consider Request to Amend the City of Kinston Unified Development Ordinance – Section 7.3
and Conduct Public Hearing --------------------------------------------------------- Elizabeth Blount
Motion/Second
2. Consider the Request to Obtain Special Use Permit to Operate a Tattoo Parlor and Conduct
Public Hearing-------------------------------------------------------------------------- Elizabeth Blount
Motion/Second
Kinston City Council Agenda Tuesday, February 21, 2023
3. Consider Request to Finalize Schedule of Quarterly Town Hall Meetings ---- Debra Thompson
Motion/Second
CITY MANAGER’S REPORT
CITY ATTORNEY’S REPORT
MAYOR AND COUNCILMEMBER REPORTS
ADJOURNMENT
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 21, 2023
Agenda Section: Work Session Discussion
Item Request: Information Only
Agenda Item to be Considered
Presenter: Donna Goodson, Finance Director
Subject: FY 22-23 Quarter 1 Budget Status
Action Requested: None
Supporting Documentation: Memo
Department Head’s Approval ___________ City Manager’s Approval ____________
Budgetary Impact: ☒ None ☐ Budgeted ☐ Needs Budget Ordinance
Staff Recommendation: None
City of Kinston DON HARDY
Mayor
Post Office Box 339 RHONDA BARWICK
Kinston, North Carolina 28502 City Manager
Phone: (252) 939-3146 Fax: (252) 939-1679 JAMES P. CAULEY III
Finance Office City Attorney
DEBRA THOMPSON
City Clerk
Date: February 15, 2023
To: Rhonda Barwick, City Manager
From: Donna Goodson, Finance Director
Subject: 1st Quarter, July1, 2022 – September 30, 2022 Interim Report
This interim financial report summary reflects three months, or 25%, of FY 22-23 and does not include
any accruals. It represents the activity from July 1, 2022 through September 30, 2022. Combining all funds, the
City received $23,818,794 in revenues and expended $24,395,992. Internal service funds have not been presented
since the charges are captured within the individual funds.
The General Fund derived 39% of its revenues from 3 major sources; Property Taxes (19%), Local
Government Sales Tax (17%) and State Shared Revenue/Franchise Tax (2%).
The City’s overall expenditures, both personnel and non-labor, shows spending at an average of 24%,
which is proportional to previous years.
Attached you will find the summary revenue and expenditure totals for the major operating funds and a
chart comparing the actual revenues and expenditures for FY 2023 and FY 2022.
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –CHRIS J SUGGS– FELICIA SOLOMON – ANTONIO HARDY
Interim Financial Report - Summary
For the Period Ended September 30, 2022
Three Months or 25% of the Year Complete
****Revenues and Expenditures include other financing sources (uses)****
FY 2023 FY 2023 Revenue Over
YTD Actual YTD Actual (Under)
FUND Revenues Expenditures Expenditures
General Fund - 1100 $ 3,150,285 $ 6,342,502 $ (3,192,217)
KCC - 1600 670,787 598,663 72,124
Water Fund - 6100 2,600,634 1,765,388 835,246
Wastewater Fund - 6200 1,977,496 1,365,330 612,166
Electric Fund - 6300 14,096,236 13,338,144 758,092
Environmental Services Fund 6400 1,064,544 805,405 259,139
Stormwater Fund - 6500 258,812 180,561 78,251
Total $ 23,818,794 $ 24,395,992 $ (577,199)
FY 2023 FY 2023 FY 2022 FY 2023 vs.
REVENUES Budget YTD Actual % Received YTD Actual FY 2022
General Fund - 1100 $ 27,878,704 $ 3,150,285 11% $ 3,046,016 103%
KCC - 1600 1,435,324 670,787 47% 584,195 115%
Water Fund - 6100 9,088,506 2,600,634 29% 2,433,809 107%
Wastewater Fund - 6200 7,310,708 1,977,496 27% 1,875,291 105%
Electric Fund - 6300 48,698,358 14,096,236 29% 13,671,479 103%
Environmental Services Fund 6400 4,257,839 1,064,544 25% 1,058,513 101%
Stormwater Fund - 6500 1,051,100 258,812 25% 257,036 101%
Total $ 99,720,539 $ 23,818,794 24% $ 22,926,339 104%
FY 2023 FY 2023 FY 2022 FY 2023 vs.
EXPENDITURES Budget YTD Actual % Expended YTD Actual FY 2022
General Fund - 1100 $ 27,878,704 $ 6,342,502 23% $ 5,196,181 122%
WOW Center - 1600 1,435,324 598,663 42% 386,822 155%
Water Fund - 6100 9,088,506 1,765,388 19% 1,816,350 97%
Wastewater Fund - 6200 7,310,708 1,365,330 19% 1,270,880 107%
Electric Fund - 6300 48,698,358 13,338,144 27% 11,950,700 112%
Environmental Services Fund 6400 4,257,839 805,405 19% 901,653 89%
Stormwater Fund - 6500 1,051,100 180,561 17% 176,672 102%
Total $ 99,720,539 $ 24,395,992 24% $ 21,699,258 112%
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –CHRIS J SUGGS– FELICIA SOLOMON – ANTONIO HARDY
Interim Financial Report - Summary
For the Period Ended September 30, 2022
Three Months or 25% of the Year Complete
****Operating Revenues Detail General Fund****
FY 2023 YTD BUDGET TO % YTD
FY 2023 ACTUAL ACTUAL OVER ACTUAL OF
REVENUE YTD BUDGET REVENUE (UNDER) BUDGET
Advalorem Taxes $ 11,314,050 $ 590,184 $ (10,723,866) 5%
Other Taxes (State Shared Revenues) 7,713,000 622,936 (7,090,064) 8%
Unrestricted Intergovernmental 731,138 595,893 (135,245) 82%
Restricted Intergovernmental 725,702 315,544 (410,158) 43%
Sales and Services 1,596,366 412,570 (1,183,796) 26%
Investment Earnings 25,900 14,359 (11,541) 55%
Other Revenues 225,920 23,800 (202,120) 11%
Debt Issuance 760,000 - (760,000) 0%
Surplus Sales 25,000 - (25,000) 0%
Transfers 2,840,133 575,000 (2,265,133) 20%
Interdepartmental Billings 2,785,061 696,266 (2,088,796) 25%
Appropriated Fund Balance 1,921,495 - (1,921,495) 0%
Less Shared Services Reimbursement (2,785,061) (696,266) 2,088,796 25%
Total $ 27,878,704 $ 3,150,285 $ (24,728,419) 11%
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –CHRIS J SUGGS– FELICIA SOLOMON – ANTONIO HARDY
Interim Financial Report - Summary
For the Period Ended September 30, 2022
Three Months or 25% of the Year Complete
****General Fund Operating Expenditures by Organization****
FY 2023 YTD BUDGET TO % YTD
FY 2023 ACTUAL ACTUAL ACTUAL OF
ORGANIZATION YTD BUDGET EXPENDITURES (OVER) UNDER BUDGET
4110 City Clerk $ 134,003 $ 26,511 $ 107,492 20%
4111 City Council 205,064 114,961 90,103 56%
4120 City Manager - Administration 590,119 86,997 503,122 15%
4122 Management Information Systems 1,362,061 201,589 1,160,472 15%
4123 Municipal Svc District & Pride Mgmt 89,354 20,409 68,945 23%
4130 Collections 474,155 67,368 406,787 14%
4133 Warehouse Operations 214,114 45,102 169,012 21%
4134 Accounting Services 712,440 166,169 546,271 23%
4140 HR - Administration 548,302 144,435 403,867 26%
4252 Street Maintenance 1,889,700 258,097 1,631,603 14%
4253 Cemetery 583,851 102,335 481,516 18%
4260 City Hall Maintenance 218,800 36,601 182,199 17%
4262 Other Misc Properties 128,220 22,220 106,000 17%
4292 Planning 381,139 39,624 341,515 10%
4371 Law Enforcement 8,967,595 2,257,438 6,710,157 25%
4372 Fire & Rescue 5,134,689 1,194,037 3,940,652 23%
4375 Inspections & Code Enforcement 301,047 67,600 233,447 22%
4510 Engineering 730,589 153,378 577,211 21%
6120 Recreation - Administration 298,011 67,275 230,736 23%
6121 Recreation - Programs 1,179,837 289,427 890,410 25%
6122 Recreation - Parks 1,756,659 405,611 1,351,048 23%
6123 Recreation - County 830,467 198,519 631,948 24%
6124 Recreation - Stadium 729,329 415,590 313,739 57%
6125 Recreation - Sponsored Activities 211,384 68,301 143,083 32%
6126 Recreation - Visitors Center 14,675 2,473 12,202 17%
7204 Public Service Complex 229,365 29,140 200,225 13%
8000 Transfers to Other Funds 1,805,640 246,146 1,559,494 14%
9500 Capital Outlay-(Non-recurring) 213,931 188,071 25,860 88%
9900 Organizational Support 729,225 123,343 605,882 17%
Less Shared Services Reimbursement (2,785,061) (696,266) (2,088,796) 25%
Total $ 27,878,704 $ 6,342,502 $ 21,536,202 23%
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –CHRIS J SUGGS– FELICIA SOLOMON – ANTONIO HARDY
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –CHRIS J SUGGS– FELICIA SOLOMON – ANTONIO HARDY
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 21, 2023
Agenda Section: Work Session Discussion
Item Request: Information Only
Agenda Item to be Considered
Presenter: Donna Goodson, Finance Director
Subject: FY 22-23 Quarter 2 Budget Status
Action Requested: None
Supporting Documentation: Memo
Department Head’s Approval ___________ City Manager’s Approval ____________
Budgetary Impact: ☒ None ☐ Budgeted ☐ Needs Budget Ordinance
Staff Recommendation: None
City of Kinston DON HARDY
Mayor
Post Office Box 339 RHONDA BARWICK
Kinston, North Carolina 28502 City Manager
Phone: (252) 939-3146 Fax: (252) 939-1679 JAMES P. CAULEY III
Finance Office City Attorney
DEBRA THOMPSON
City Clerk
Date: February 15, 2023
To: Rhonda Barwick, City Manager
From: Donna Goodson, Finance Director
Subject: 2nd Quarter, July1, 2022 – December 31, 2022 Interim Report
This interim financial report summary reflects six months, or 50%, of FY 22-23 and does not include any
accruals. It represents the activity from July 1, 2022 through December 31, 2022. Combining all funds, the City
received $47,055,064 in revenues and expended $45,820,872. Internal service funds have not been presented
since the charges are captured within the individual funds.
The General Fund derived 68% of its revenues from 3 major sources; Property Taxes (39%), Local
Government Sales Tax (21%) and State Shared Revenue/Franchise Tax (8%).
The City’s overall expenditures, both personnel and non-labor, shows spending at an average of 43%,
which is proportional to previous years.
Attached you will find the summary revenue and expenditure totals for the major operating funds and a
chart comparing the actual revenues and expenditures for FY 2023 and FY 2022.
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –CHRIS J SUGGS– FELICIA SOLOMON – ANTONIO HARDY
Interim Financial Report - Summary
For the Period Ended December 31, 2022
Six Months or 50% of the Year Complete
****Revenues and Expenditures include other financing sources (uses)****
FY 2023 FY 2023 Revenue Over
YTD Actual YTD Actual (Under)
FUND Revenues Expenditures Expenditures
General Fund - 1100 $ 9,947,033 $ 12,413,488 $ (2,466,455)
KCC - 1600 845,999 786,520 59,478
Water Fund - 6100 4,978,342 3,515,442 1,462,900
Wastewater Fund - 6200 3,721,286 2,707,790 1,013,496
Electric Fund - 6300 24,909,761 24,265,149 644,612
Environmental Services Fund 6400 2,136,280 1,781,805 354,475
Stormwater Fund - 6500 516,363 350,677 165,685
Total $ 47,055,064 $ 45,820,872 $ 1,234,192
FY 2023 FY 2023 FY 2022 FY 2023 vs.
REVENUES Budget YTD Actual % Received YTD Actual FY 2022
General Fund - 1100 $ 30,963,684 $ 9,947,033 32% $ 10,190,867 98%
KCC - 1600 2,235,324 845,999 38% 819,767 103%
Water Fund - 6100 9,088,506 4,978,342 55% 4,709,422 106%
Wastewater Fund - 6200 11,351,720 3,721,286 33% 3,545,935 105%
Electric Fund - 6300 48,698,358 24,909,761 51% 24,562,708 101%
Environmental Services Fund 6400 4,257,839 2,136,280 50% 2,127,122 100%
Stormwater Fund - 6500 1,051,100 516,363 49% 514,367 100%
Total $107,646,531 $ 47,055,064 44% $ 46,470,189 101%
FY 2023 FY 2023 FY 2022 FY 2023 vs.
EXPENDITURES Budget YTD Actual % Expended YTD Actual FY 2022
General Fund - 1100 $ 30,963,684 $ 12,413,488 40% $ 10,479,464 118%
WOW Center - 1600 2,235,324 786,520 35% 537,474 146%
Water Fund - 6100 9,088,506 3,515,442 39% 3,626,380 97%
Wastewater Fund - 6200 11,351,720 2,707,790 24% 2,538,451 107%
Electric Fund - 6300 48,698,358 24,265,149 50% 22,545,036 108%
Environmental Services Fund 6400 4,257,839 1,781,805 42% 1,733,775 103%
Stormwater Fund - 6500 1,051,100 350,677 33% 347,981 101%
Total $107,646,531 $ 45,820,872 43% $ 41,808,561 110%
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –CHRIS J SUGGS– FELICIA SOLOMON – ANTONIO HARDY
Interim Financial Report - Summary
For the Period Ended December 31, 2022
Six Months or 50% of the Year Complete
****Operating Revenues Detail General Fund****
FY 2023 YTD BUDGET TO % YTD
FY 2023 ACTUAL ACTUAL OVER ACTUAL OF
REVENUE YTD BUDGET REVENUE (UNDER) BUDGET
Advalorem Taxes $ 11,314,050 $ 3,902,879 $ (7,411,171) 34%
Other Taxes (State Shared Revenues) 7,713,000 2,815,321 (4,897,679) 37%
Unrestricted Intergovernmental 731,138 621,168 (109,970) 85%
Restricted Intergovernmental 725,702 626,875 (98,827) 86%
Sales and Services 1,596,366 717,337 (879,029) 45%
Investment Earnings 25,900 29,473 3,573 114%
Other Revenues 225,920 83,981 (141,939) 37%
Debt Issuance 940,000 - (940,000) 0%
Surplus Sales 25,000 - (25,000) 0%
Transfers 4,248,123 1,150,000 (3,098,123) 27%
Interdepartmental Billings 2,785,061 1,392,531 (1,392,530) 50%
Appropriated Fund Balance 3,418,485 - (3,418,485) 0%
Less Shared Services Reimbursement (2,785,061) (1,392,531) 1,392,530 50%
Total $ 30,963,684 $ 9,947,033 $ (21,016,651) 32%
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –CHRIS J SUGGS– FELICIA SOLOMON – ANTONIO HARDY
Interim Financial Report - Summary
For the Period Ended December 31, 2022
Six Months or 50% of the Year Complete
****General Fund Operating Expenditures by Organization****
FY 2023 YTD BUDGET TO % YTD
FY 2023 ACTUAL ACTUAL ACTUAL OF
ORGANIZATION YTD BUDGET EXPENDITURES (OVER) UNDER BUDGET
4110 City Clerk $ 134,003 $ 59,999 $ 74,004 45%
4111 City Council 205,064 145,029 60,035 71%
4120 City Manager - Administration 590,119 237,029 353,090 40%
4122 Management Information Systems 1,451,061 621,766 829,295 43%
4123 Municipal Svc District & Pride Mgmt 89,354 43,901 45,453 49%
4130 Collections 474,155 180,689 293,466 38%
4133 Warehouse Operations 214,114 92,087 122,027 43%
4134 Accounting Services 712,440 329,283 383,157 46%
4140 HR - Administration 548,302 257,241 291,061 47%
4252 Street Maintenance 1,889,700 621,138 1,268,562 33%
4253 Cemetery 583,851 232,101 351,750 40%
4260 City Hall Maintenance 218,800 68,306 150,494 31%
4262 Other Misc Properties 128,220 44,085 84,135 34%
4292 Planning 381,139 94,184 286,955 25%
4371 Law Enforcement 8,967,595 3,997,347 4,970,248 45%
4372 Fire & Rescue 5,134,689 2,604,956 2,529,733 51%
4375 Inspections & Code Enforcement 301,047 134,679 166,368 45%
4510 Engineering 730,589 329,982 400,607 45%
6120 Recreation - Administration 298,011 144,839 153,172 49%
6121 Recreation - Programs 1,214,837 566,222 648,615 47%
6122 Recreation - Parks 1,968,649 804,027 1,164,622 41%
6123 Recreation - County 830,467 437,208 393,259 53%
6124 Recreation - Stadium 1,470,329 507,830 962,499 35%
6125 Recreation - Sponsored Activities 211,384 116,648 94,736 55%
6126 Recreation - Visitors Center 14,675 5,236 9,439 36%
7204 Public Service Complex 229,365 60,189 169,176 26%
8000 Transfers to Other Funds 3,713,630 492,293 3,221,338 13%
9500 Capital Outlay-(Non-recurring) 213,931 191,976 21,955 90%
9900 Organizational Support 829,225 385,750 443,475 47%
Less Shared Services Reimbursement (2,785,061) (1,392,531) (1,392,530) 50%
Total $ 30,963,684 $ 12,413,488 $ 18,550,196 40%
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –CHRIS J SUGGS– FELICIA SOLOMON – ANTONIO HARDY
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –CHRIS J SUGGS– FELICIA SOLOMON – ANTONIO HARDY
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 07, 2023
Agenda Section: Work Session AND Consent
Item Request: Consensus
Agenda Item to be Considered
Presenter: Elizabeth Blount, Planning Director
Subject: City Owned Properties
Action Requested: To review and provide consent on list and economic development project
Supporting Documentation: City Owned Property List, Policy Statement
Department Head’s Approval ___________ City Manager’s Approval ____________
Budgetary Impact: ☒ None ☐ Budgeted ☐ Needs Budget Ordinance
Staff Recommendation:
City of Kinston DON HARDY
Mayor
Post Office Box 339 Rhonda Barwick
Kinston, North Carolina 28502 City Manager
Phone: 252.939.3110 Fax: 252.919.3388 JAMES P. CAULEY III
City Attorney
DEBRA THOMPSON
City Clerk
MEMORANDUM
TO: Mayor and City Council
FROM: Elizabeth Blount, Planning Director
DATE: February 15, 2023
SUBJECT: City Owned Properties List
City of Kinston Planning Staff has updated the list of City Owned Properties. The list has been
uploaded to the city’s website. As stated in the policy statement on advertising city owned
properties and desired minimum bids, the list of properties shall not include parcels for economic
development projects.
It has been brought to staff’s attention that two sites have been designated for such use and are
not listed on the updated list. Staff would like to verify said properties and query Council about
additional properties for possible development. Once the properties for sell are solidified, staff
will continue the advertising strategies as listed in the policy statement.
Action Requested: Discussion on economic development designations
Attachments:
List of Properties
Policy Statement
CITY OWNED PROPERTY LIST 2023
Record No. NC PIN Address Acreage Tax Value Deed Book Deed Page
4847 452556444558 504 N INDEPENDENCE ST 0.10 3000 1217 926
5558 452515645681 635 FIELDS ST 0.05 1500 1273 99
5839 452516747021 1013 MACON ST 0.12 3000 1130 929
6036 452556441623 505 N MCLEWEAN ST 0.17 3000 1053 625
6227 452556445093 403 N INDEPENDENCE ST 0.33 3000 1164 863
6619 452515743543 THOMPSON ST LOTS 42/43 0.10 3000 925 861
7695 452516831934 310 TULLS ALLEY 0.15 3000 1131 429
8284 452515523799 412 1/2 E CASWELL ST 0.22 3000 1168 391
8285 452515524747 414 E CASWELL ST 0.14 3000 1168 391
8286 452515524797 416 E CASWELL ST 0.17 3000 1168 391
8287 452515525747 420 E CASWELL ST 0.16 3000 1168 391
8289 452515526767 502 E CASWELL ST 0.17 3000 1168 391
8439 452515529962 DR MLK JR BL 0.33 4500 1778 399
8472 452548457231 306/308 STOUGH ALLEY 0.27 3150 1246 418
10279 4525-55-0939 N EAST ST & GRAINGER AVE 0.20 6000 1023 485
10282 4525-46-6302 907 N INDEPENDENCE ST 0.15 6000 1373 842
10358 452516842131 325 TULLS ALLEY 0.07 750 1119 147
10363 452515732938 401 N ORION STREET 0.14 3000 91 205
10620 452515742054 403 N ORION STREET 0.20 3000 1680 729
10974 4525-72-4532 105 S ADKIN STREET 0.12 3000 798 115
11909 452515620707 516 E CASWELL STREET 0.14 3000 1182 98
11911 452515529708 512 E CASWELL STREET 0.19 3750 1182 98
11912 452515528758 510 E CASWELL STREET 0.20 3750 1182 98
11917 452515631449 DR MLK JR BL 0.09 2916 1182 98
11919 452515621851 DR MLK JR BL 0.12 3000 1182 98
26552 4525621754 604 E CASWELL STREET 0.12 3000 858 897
11922 452515621650 605 E CASWELL STREET 0.17 3000 1752 738
11923 452515622529 607 E CASWELL STREET 0.12 3000 1752 738
11924 452515622579 609 E CASWELL STREET 0.12 3000 1752 738
11938 452515627788 716 E CASWELL STREET 0.18 3000 1182 98
12331 452515740027 819 TOWERHILL RD 0.16 3000 1822 193
12930 452516843178 1213 MACON STREET 0.15 3000 1246 22
13784 452516841026 320 TULLS ALLEY 0.12 3000 1131 429
14838 452516736967 1011 MACON STREET 0.15 3000 1134 56
14840 452516841022 316 TULLS ALLEY 316 0.09 1500 1127 551
34468 453510356655 UPLANDS PK COMMON AREA 0.22 6000 1183 842
34469 453510358614 UPLANDS PK COMMON AREA 0.24 6000 1183 842
34547 453510359780 UPLANDS COMMON AREA 1.97 5910 1183 842
35856 453510476267 UPLANDS PK COMMON AREA 1.48 3553 1183 842
35857 453510462290 UPLANDS PK COMMON AREA 2.62 21063 1183 842
7953 453509159882 KINGWOOD FOREST SEC III 29.38 138700 1186 870
City of Kinston
City Council Agenda
Meeting Date:
February 21,2023
Agenda Section: Information and Updates
Agenda Item: Information Only
Agenda Item to be Considered
Presenter: Keith Goyette,Police Chief
Subject: Kinston Police Department Update
Action Requested: No Action Requested
Supporting Documentation: Memorandum
Department Head’s Appi ity Manager’s Approval
Budgetary Impact: No Budgetary Action Needed
Staff Recommendation:
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Date: From: Chief Keith Goyette
Wednesday, February 15, 2023
To: Mrs. Barwick, City Manager CC:
Re: Kinston Police Department Update Via:
Mrs. Barwick, I just wanted to share with you and the City Council some of our upcoming events.
Friday, February 17“^ 2023- EKG Training
Officers and Administrators from the Kinston Police Department will visit the Fayetteville Police
Department to attend the Educating Kids about Gun Violence(EKG)training session. Once these officers
complete the training session, we will meet with our school staff to schedule the EKG training.
The Educating Kids about Gun Violence (EKG) program is part of the Fayetteville Police Department’s
Operation Ceasefire initiative, The EKG program began in 2014 and is designed to teach kids about gun
and gang violence and prepare them for healthy decision-making. The program is taught by Fayetteville
Police Department officers to youth in all 7th and 9th graders in the Cumberland County School System,
representing a unique partnership between law enforcement and the schools. By the end of the 2014-2015
school year, the Department will have reached over 8600 students county-wide with its gun and gang
violence prevention and education message.
The EKG program uses a video of a scenario of a young male who is faced with various decision points
about gun and gang violence. The video exposes the classroom participants to the potential consequences
of poor decision making about guns and gangs. Classroom participants then discuss decision-making and
how the young male in the video could have made better decisions along the way to prevent the negative
consequences he experienced in the video.
Tuesday, February 2P* 2023- C.L.E.A.R Event
We will have a C.L.E.A.R event at Chick-fil-a of Kinston, located at 4499 U.S. Hwy 70, from 9am -1 lam.
Wednesday,February 22,2023— C,L,E.A.R Event
We will have a C.L.E.A.R event at the Flolloway Recreation Center for their basketball championships
from 6pm -8pm. Holloway Recreation Center is located at 101 N. Myrtle Blvd.
February 24th - 26th - Freedom Classic
We will be at the Freedom Classic all (3) days of the event, assisting in any way possible and interacting
with our citizens and visitors to Kinston.
Mission Statement
The Kinston Police Department pledges to serve our community, to safeguard lives and property, and to preserve
order all while respecting the constitutional rights ofeveryone to liberty, equality andjustice.
Kinston Police Department jojjSTon
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Wednesday, March 22. 2023 - Promotion Ceremony
The Kinston Police Department will hold a Promotion Ceremony on Wednesday, March 22,2023, at Briley
Auditorium located on the Lenoir Community College campus. The event will take place at 6pm - 7pm.
We will celebrate our recent promotions, including the Chief of Police as well as our newest swom-in
officers. Everyone in the community is invited to this event.
Thursday, May 18,2023 — Gang Awareness Symposium
The Kinston Police Department will hold a Gang Awareness Symposium on Thursday, May 18,2023, from
6pm - 7pm. The event will take place at The Gate of Lenoir County. We will focus on gang awareness as
well as discuss proactive efforts we’re taking to address gang issues in Kinston. Everyone in the community
is invited to this first-of-its-kind event.
Mission Statement
The Kimton Police Department pledges to serve our community, to safeguard lives and property, and to preserve
order all while respecting the constitutional rights ofeveryone to liberty, equality andjustice.
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 21, 2023
Agenda Section: Action Agenda
Item Request: Public Hearing AND Approval
Agenda Item to be Considered
Presenter: Elizabeth Blount, Planning Director
Subject: Request to Amend the City of Kinston Unified Development Ordinance – Section 7.34
Action Requested: Approve Request
Supporting Documentation: Application, Current and Modified Ordinance, Public Hearing Notice, Draft
Ordinance
Department Head’s Approval ___________ City Manager’s Approval ____________
Budgetary Impact: ☒ None ☐ Budgeted ☐ Needs Budget Ordinance
Staff Recommendation:
City of Kinston DON HARDY
Mayor
Post Office Box 339 Rhonda Barwick
Kinston, North Carolina 28502 City Manager
Phone: 252.939.3110 Fax: 252.919.3388 JAMES P. CAULEY III
City Attorney
DEBRA THOMPSON
City Clerk
MEMORANDUM
TO: Mayor and City Council
FROM: Elizabeth Blount, Planning Director
DATE: February 15, 2023
SUBJECT: Request to Amend the City of Kinston Unified Development Ordinance – Section
7.34
Background:
Jerry Jones submitted a request to allow tattoo parlors by special use in the B-1 zoning district
without any separation restrictions for places of worship or residentially zoned properties. The
Planning Board met on February 9, 2023 to review the application. The board stated that they
saw no issue with removing the separation regulations.
Recommendation:
The Planning Board recommends approval of the text amendment by a unanimous vote at their
meeting on February 9, 2023.
Action Requested: Hold a Public Hearing and Approve or Deny the Request
Attachments: Application, Current and Modified Ordinance, Public Hearing Notice, Draft
Ordinance
CURRENT ORDINANCE
SECTION 7.34 TATTOO/BODY PIERCING PARLORS.
Tattoo/body piercing parlors may be permitted as a Conditional Use in the B-1 and SC zoning
districts provided that:
7.34.1. The tattoo parlor may not be located or operated within five hundred (500) feet of:
7.34.1.1. A church, synagogue, or regular place of worship;
7.34.1.2. A boundary of any residential district.
7.34.2. For the purposes of this section, measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the building or
structure used as part of the premises where a tattoo parlor is to be conducted, to the nearest
property line of the premises of any use listed in subsection 7.34.1 above.
7.34.3. No more than one (1) tattoo parlor establishment shall be located in the same building
or structure or on the same lot. No person shall permit any building, premises, structure, or
other facility to contain more than one tattoo parlor.
7.34.4. Tattoo parlors must comply with the following:
7.34.4.1. Hours of operation must be limited to 8:00 AM to 2:00 AM (Monday through
2 AM Sunday). Such establishment shall not be open from 2:01 AM Sunday until 8:00
AM on Monday.
7.34.4.2. Must be fully licensed by the state of North Carolina.
7.34.4.3. Parking lot must be lighted to meet the requirements of Article VIII, Utilities.
Page | 2
AMENDED ORDINANCE
SECTION 7.34 TATTOO/BODY PIERCING PARLORS.
Tattoo/body piercing parlors may be permitted as a Special Use in the B-1, B-2, or SC zoning
districts provided that:
7.34.1. The tattoo parlor in the SC zoning districts may not be located or operated within five
hundred (500) feet of:
7.34.1.1. A church, synagogue, or regular place of worship;
7.34.1.2. A boundary of any residential district.
7.34.2 For the purposes of this section, measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the building or
structure used as part of the premises where a tattoo parlor is to be conducted, to the nearest
property line of the premises of any use listed in subsection 7.34.1 above.
7.34.3 No more than one (1) tattoo parlor establishment shall be located in the same building
or structure or on the same lot. No person shall permit any building, premises, structure, or
other facility to contain more than one tattoo parlor.
7.34.4 Tattoo parlors must comply with the following:
7.34.4.1 Hours of operation must be limited to 8:00 AM to 2:00 AM (Monday through
2 AM Sunday). Such establishment shall not be open from 2:01 AM Sunday until 8:00
AM on Monday.
7.34.4.2 Must be fully licensed by the state of North Carolina.
7.34.4.3. Parking lot must be lighted to meet the requirements of Article VIII, Utilities.
Page | 3
Ad Preview
AN ORDINANCE AMMENDING SECTION 7.34
OF THE UNIFIED DEVELOPMENT ORDINANCE OF THE CITY OF KINSTON
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF KINSTON
AS FOLLOWS:
SECTION 1. SECTION 7.34 OF THE CITY’S UDO is amended and retitled to read as
follows:
Section 7.34 TATTOO/BODY PIERCING PARLORS
Tattoo/body piercing parlors may be permitted as a Special Use in the B-1, B-2 or SC
zoning districts provided that:
7.34.1 The tattoo parlor in the SC zoning districts may not be located or operated within
five hundred (500) feet of :
7.34.1.1 A church, synagogue or regular place of worship;
7.34.1.2 A boundary of any residential district.
SECTION 2. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of such conflict.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity
of the remaining portions hereof.
SECTION 4. This ordinance shall become effective immediately upon its adoption.
DULY ADOPTED this __________ day of _____________________, 2023.
CITY OF KINSTON
______________________________
Debra Thompson, City Clerk
(SEAL)
Page | 4
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 21, 2023
Agenda Section: Action Agenda
Item Request: Public Hearing AND Approval
Agenda Item to be Considered
Presenter: Elizabeth Blount, Planning Director
Subject: Request to Obtain Special Use Permit to Operate a Tattoo Parlor
Action Requested: Approve Request
Supporting Documentation: Application, Public Hearing Notice, SUP Considerations, Property Owner Letter
Adjacent Property Owner Letter and List, Applicant Letter, Map, General Statues, Draft Grant Order
Department Head’s Approval ___________ City Manager’s Approval ____________
Budgetary Impact: ☒ None ☐ Budgeted ☐ Needs Budget Ordinance
Staff Recommendation:
City of Kinston DON HARDY
Mayor
Post Office Box 339 Rhonda Barwick
Kinston, North Carolina 28502 City Manager
Phone: 252.939.3110 Fax: 252.919.3388 JAMES P. CAULEY III
City Attorney
DEBRA THOMPSON
City Clerk
MEMORANDUM
TO: Mayor and City Council
FROM: Elizabeth Blount, Planning Director
DATE: February 15, 2023
SUBJECT:Request to Obtain a Special Use Permit to Operate a Tattoo & Body Piercing
Parlor
Background:
Staff has received a request submitted by Jerry Jones to obtain a special use permit (SUP) to
operate a tattoo and body piercing parlor. This request is contingent on the approval of the
preceding agenda item, amending the ordinance to allow this for consideration. The request is
for 1602 W Vernon Ave, identified by NC PIN 451511760399 and referenced on the attached
map.
Zoning and Land Use:
Direction from Site Zoning District(s) Adjacent and Nearby Land Uses
North B-1 and RA-6 Retail -Thrift Store & Coffee Shop
South B-1 and RA-5 Commercial & Residential
East B-1 Commercial – Time Financing
West B-1 Retail – Vape & Novelty Shop & Bakery
Description of the Property:
The subject property is 0.38 acres in size with approximately 109 feet of frontage along W.
Vernon Ave. Vernon Ave is a major thoroughfare road in the city.
Planning Board Recommendation:
The Planning Board recommends approval of the special use permit by a unanimous vote at
their meeting on February 9, 2023.
Staff Recommended Conditions:
General Statue 160D-705 (c) and Section 4.5.4.6 of the City’s UDO, reasonable conditions
may be imposed upon special use permits. Staff recommends the following conditions:
• Applicant must obtain and maintain a permit from the Department of Public Health as
required by NCGS§130A-283 (Tattooing Regulation) and comply with any other
health department requirements.
• Applicant must comply with 15A NCAC 18A.3200 et seq., (Rules governing tattooing
from Environmental Health) in addition to NCGS§14-400, Tattooing; body piercing
prohibited regulations for those under 18 years of age.
Findings:
In approving a SUP, staff is responsible for ensuring the application and the proposed site plan
(if applicable) meet the standards set out within the ordinance. The Council should review this
application and consider whether or not it will have any of the following effects:
• Materially endanger the public health or safety
• Substantially injure the value of adjoining or abutting property
• Will be in harmony with existing development and uses within the area
• Will be in conformity with the land use plan
Action Requested: Hold a Public Hearing and Approve or Deny the Request
Attachments:
Application
Public Hearing Notice
SUP Considerations (UDO Section 4.5.4.5)
Property Owner Letter
Adjacent Property Owner Letter and List
Applicant Letter
Map
General Statues
Draft Grant Order
Page | 2
4.5.4.5. The City Council shall issue a conditional use permit if it has evaluated an application
through a quasi-judicial process and determined that:
4.5.4.5.1. The establishment, maintenance, or operation of the conditional use will not be
detrimental to or endanger the public health, safety, or general welfare.
4.5.4.5.2. The conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor diminish or
impair property values within the neighborhood.
4.5.4.5.3. The establishment of the conditional use will not impede the normal and
orderly development and improvement of the surrounding property for uses permitted in
the district.
4.5.4.5.4. The exterior architectural appeal and functional plan of any proposed structure
will not be so at variance with either the exterior architectural appeal and functional plan
of the structures already constructed or in the course of construction in the immediate
neighborhood or the character of the applicable district, as to cause a substantial
depreciation in the property values within the neighborhood.
4.5.4.5.5. Adequate utilities, access roads, drainage, parking, or necessary facilities have
been or are being provided.
4.5.4.5.6. Adequate measures have been or will be taken to provide ingress and egress so
designed as to minimize traffic congestion in the public streets.
4.5.4.5.7. The conditional use shall, in all other respects, conform to all the applicable
regulations of the district in which it is located.
4.5.4.5.8. Public access shall be provided in accordance with the recommendations of the
city=s land use plan and access plan or the present amount of public access and public
parking as exists within the city now. If any recommendations are found to conflict, the
system requiring the greatest quantity and quality of public access, including parking,
shall govern.
4.5 4.5.9. The proposed use shall be consistent with recommendation and policy
statements as described in the adopted land use plan.
Page | 3
City of Kinston DON HARDY
Mayor
Post Office Box 339 RHONDA BARWICK
Kinston, North Carolina 28502 City Manager
Phone: 252.939.3139 Fax: 252.939.3141 JAMES P. CAULEY III
City Attorney
DEBRA THOMPSON
City Clerk
February 10, 2023
RE: Text Amendment for Section 7.34 of the Unified Development Ordinance and Special
Use Permit Request for 1602 W. Vernon Ave.
Dear Petitioner:
This is to inform you that your requests for a text amendment and a special use
permit have been placed on the City Council agenda for Tuesday, February 21, 2023.
Council will consider these requests and hold a public hearing at 5:30 PM or as soon
thereafter as may be heard in the City of Kinston Council Chambers located at 207 E.
King Street. A copy of the proposed agenda will be available on the City’s website no later
than Monday, February 20, 2023.
Your presence (or that of your authorized representative) is required at this meeting to
answer any questions which may arise concerning your request. If you plan to distribute
any documents, exhibits and/or any materials the night of the hearing, please make sure you
provide at least ten (10) for Council and city staff.
Persons with disabilities who require special accommodations or auxiliary aids for
the public hearing should contact the City Clerk by phone at 252-939-3115 at least 48 hours
prior to the scheduled meeting so that the necessary arrangements can be made. If you have
any questions regarding this matter, please do not hesitate to contact me at
elizabeth.blount@ci.kinston.nc.us or by phone at 252-939-3271.
Regards,
Elizabeth Blount
Planning Director
COUNCILMEMBERS: ROBERT A. SWINSON, IV. – SAMMY C. AIKEN – FELICIA SOLOMON – ANTONIO HARDY – CHRIS J. SUGGS
Legend
Proposed Location
COUNCILMEMBERS: ROBERT A. SWINSON, IV. – SAMMY C. AIKEN – FELICIA SOLOMON – ANTONIO HARDY – CHRIS J. SUGGS
City of Kinston DON HARDY
Mayor
Post Office Box 339 RHONDA BARWICK
Kinston, North Carolina 28502 City Manager
Phone: 252.939.3139 Fax: 252.939.3141 JAMES P. CAULEY III
City Attorney
DEBRA THOMPSON
City Clerk
February 10, 2023
RE: Text Amendment for Section 7.34.1 of the Unified Development Ordinance and
Special Use Permit Request for 1602 W. Vernon Ave.
Dear Property Owner,
Staff received requests from Jerry Jones to amend Section 7.34.1 of the Unified
Development Ordinance in order to remove the 500-foot separation restrictions of places of
worship and residentially zoned property from a tattoo and body piercing parlor located in
the B-1 zoning district. Contingent to approval of the amendment, the applicant also
submitted a special use permit for a Tattoo and Body Piercing Parlor. The proposed location
is 1602 W. Vernon Ave and can be further identified by NC PIN 451511760399.
The notification process requires notification of all property owners within two
hundred (200) feet of any site under consideration for this request. The Planning
Department encourages interested parties to participate in the public hearing regarding these
requests.
The City Council will consider this request and hold a public hearing on both items
on February 21, 2023 at 5:30 pm or as soon thereafter as may be heard in the City of
Kinston City Hall Council Chambers, located at 207 East King Street.
Persons with disabilities who require special accommodations or auxiliary aids for
the public hearing should contact the City Clerk by phone at 252-939-3115 at least 48 hours
prior to the scheduled meeting so that the necessary arrangements can be made. If you have
any questions regarding this matter, please do not hesitate to contact me at
elizabeth.blount@ci.kinston.nc.us or by phone at 252-939-3271.
Regards,
Elizabeth Blount
Planning Director
COUNCILMEMBERS: ROBERT A. SWINSON, IV. – SAMMY C. AIKEN – FELICIA SOLOMON – ANTONIO HARDY – CHRIS J. SUGGS
Legend
Proposed Location
COUNCILMEMBERS: ROBERT A. SWINSON, IV. – SAMMY C. AIKEN – FELICIA SOLOMON – ANTONIO HARDY – CHRIS J. SUGGS
1602W VERNON AVE
Owner Name 2nd Owner Name Address City State Zip Code
HOW CORP LLC PO BOX 1140 KINSTON NC 28503
AJAL INVESTMENTS LLC PO BOX 1424 KINSTON NC 28503
JOSEPH E TURNAGE VERNITA TURNAGE 2108 SPARRE DRIVE KINSTON NC 28504
HOWARD & CARTER FUNERAL HOME PO BOX 3072 KINSTON NC 28502
JAMES PARROTT HAYES III 150 C STREET NEWPORT NC 28570
KIM C FAUCETTE DEBORAH T FATCETTE 874 N CROOM BLAND ROAD KINSTON NC 28504
WILLIAM B TAYLOR II KAREN KEENE TAYLOR 1608 W VERNON AVE KINSTON NC 28501
7TH STREET LLC 17 HEATHER LANE SUFFIELD CT 6078
ERNEST R EXUM ANN M EXUM 703 WALSTON AVE KINSTON NC 28504
KENNETH R GARNER PATRICIA D GARNER 4045 BEN DAIL ROAD LAGRANGE NC 28551
TIME LAND DEVELOPMENT LLC PO BOX 6065 GREENVILLE NC 27833
3M&P ENTERPRISE LLC 3066 DAVIS HARDY RD KINSTON NC 28504
POOLE & POOLE INVESTMENTS INC 4114 BERKLEY AVE KINSTON NC 28504
200 foot radius Proposed location for Special Use Permit
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DRAFT
CITY OF KINSTON
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
FOR A TATTOO PARLOR
LOCATED AT 1602 W VERNON AVE IN KINSTON, NC
WHEREAS, following due advertisement announcing a public hearing as provided by
law, the City Council for the City of Kinston, North Carolina held said public hearing
February 21, 2023 to consider an application for a Special Use Permit to operate a Tattoo
and Body Piercing Parlor at 1602 W. Vernon Avenue, Kinston, NC.
The City Council, having heard all of the evidence and arguments presented
and reports from City Officials pertaining to said application, makes the
following:
FINDINGS OF FACT
1. That the proposed use would be allowable in the B-1 (General
Business District) zoning district with the approval of a Special Use
Permit in accordance with the City of Kinston Unified Development
Ordinance;
2. A Public Hearing before the City Council was held on February 21,
2023 to consider the issuance of a Special Use Permit;
3. The Planning Board recommended approval of the request at their
specially scheduled meeting held on February 9, 2023 by
unanimous vote;
4. No evidence has been presented indicating that the project, if
completed as proposed, will endanger public health or safety;
5. No evidence has been presented indicating the project will reduce
or injure the values of adjoining or abutting properties;
6. No evidence has been presented to indicate that the project, if
completed as proposed, will not be in harmony with other
development and uses within the area;
7. No evidence has been presented indicating proposed use is not in
general conformity with the city’s land use plan and other plans
officially adopted;
Based upon the foregoing FINDINGS OF FACT, the City Council makes
the CONCLUSION that the proposed use does satisfy the general
conditions imposed on the Council in its deliberations by the Unified
Development Ordinance for issuing a Special Use Permit. In support of
this action the Council makes the following additional CONCLUSIONS:
1. All of the general and specific conditions pursuant to the
issuance of a Special Use Permit have been satisfied.
2. The Applicant can fully comply with all the specific requirements
stated in the Unified Development Ordinance for the proposed use.
3. The development will not endanger the public health or safety.
4. The development will not injure the value of adjoining or abutting property.
5. The development will be in harmony with the existing development
and uses within the area in which it is to be located.
6. The proposed use is in general conformity with the city’s land use
plan and other plans officially adopted.
THEREFORE, because the City Council concludes that all of the general and
specific conditions precedent to the issuance of a Special Use Permit have been
satisfied, IT IS ORDERED that the application dated December 29, 2022 by Jerry
Jones for the issuance of a Special Use Permit with the following conditions BE
GRANTED, subject to technical corrections by city staff:
• Applicant must obtain and maintain a permit from the Department of Public Health as
required by NCGS§130A-283 (Tattooing Regulation) and comply with any other health
department requirements.
• Applicant must comply with 15A NCAC 18A.3200 et seq., (Rules governing tattooing
from Environmental Health) in addition to NCGS§14-400, Tattooing; body piercing
prohibited regulations for those under 18 years of age.
Thus ordered this the 21st day of February 2023.
Attest: ______________________________
Debra Thompson, City Clerk
Page | 2
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 21, 2023
Agenda Section: Action Agenda
Item Request: Approval
Agenda Item to be Considered
Presenter: Debra Thompson, City Clerk
Subject: Consider Request to Finalize Scheduling of Quarterly Town Hall Meetings
Action Requested:
Set and approve dates (Topics to be determined)
Supporting Documentation: Memo
Department Head’s Approval ___________ City Manager’s Approval ____________
Budgetary Impact: ☐ None ☐ Budgeted ☐ Needs Budget Ordinance
Staff Recommendation:
City of Kinston
RHONDA BARWICK
CITY MANAGER MAYOR PRO TEM ANTONIO HARDY
JAMES P. CAULEY COUNCILMEMBERS:
CITY ATTORNEY SAMMY AIKEN
FELICIA SOLOMON
DEBRA THOMPSON CHRIS J. SUGGS
CITY CLERK ROBERT SWINSON, IV
TO: Mayor and Council
FROM: Debra Thompson, City Clerk
DATE: February 15, 2023
RE: Consider Request to Finalize Scheduling of Quarterly Town Hall Meetings.
It was requested by the Council during the Strategic Planning Session held on January 26, 2023, that quarterly
Town Hall Meetings be scheduled. Due to having Council Meetings on the first and third Tuesdays of the month,
the dates selected for discussion and to finalize are the second and fourth weeks of the month listed below as a
tentative schedule.
1. March – March 30th.
2. May – May 18th in conjunction with Kinston Police Department – Gang Symposium.
It is suggested that the Town Hall Meeting be held at the GATE on gangs/gang violence from 5:30 pm –
6:00 pm (citizen comment session). At 6:00 pm KPD will present the symposium.
3. August – Weeks of the 14th or 28th.
4. November – Weeks of the 13th or 27th.
I am asking the Council to finalize the dates for the meetings to ensure that the meetings may be advertised in
compliance with open meeting procedures. Topics of discussion are to be determined.
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