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City Council

Regular Meeting

Kinston, NC · February 21, 2023

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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. Page 2 of 18 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. Page 3 of 18 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 Page 4 of 18 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 Page 5 of 18 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 Page 6 of 18 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 Page 7 of 18 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 Page 8 of 18 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 Page 9 of 18 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 Page 10 of 18 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 Page 11 of 18 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: /Ji/ ^TONPO^ Kinston Police Department 'KjHSTOfj i' \ ■ MEMORANDUM > I V? N.C. 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 goUCf^ h.'N ism '■'.T MEMORANDUM ■y- t V? N.C. .N.C^ 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 Ad Preview 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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