Kinston City Council
AGENDA
Tuesday, February 16, 2021
Work Session at 5: 30 pm Regular Meeting at 7:00 pm
Mayor Don Hardy
Mayor Pro Tem Felicia Solomon
Councilmembers Sammy Aiken Antonio Hardy Kristal Suggs Robert Swinson Agenda Kinston City Council City Hall · 207 East King Street Tuesday, February 16, 2021 Work Session at 5:30 pm Regular Meeting at 7:00 pm
This meeting will be held electronically in Zoom format and viewed at https://www.facebook.com/KinstonCityHall
WORK SESSION
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
INFORMATION AND UPDATES
1. Kinston Community Center Rental Space ------Corey Povar
2. FY 20-21 Second Quarter Budget Status ------Jennifer Wilson
3. Pride of Kinston Update ------Leon Steele
CONSENT AGENDA ITEMS FOR DISCUSSION
1. Consider Adopting Resolution for Unpaid Real Property Tax and Advertising of Tax Liens ----- Donna Goodson
2. Consider Capital Project Amendment-T9301 FY16-FY2 Stormwater Projects ------Donna Goodson
3. Consider Adopting Ordinance for Special Revenue Fund Amendment-Ballistic Vest Fund (P9129) ----- Donna Goodson
4. Consider Authorization for Recruitment and Hiring – Finance Department ------Donna Goodson
5. Consider Authorization for Recruitment and Hiring – Public Services Department ----- Rhonda Barwick
6. Consider Approval for Special Events Permit – Freedom Classic ------Chief Tim Dilday
RECESS UNTIL 7:00 PM REGULAR MEETING
REGULAR MEETING
Call to Order ------Mayor Don Hardy
Prayer ------Sammy Aiken
Pledge of Allegiance
Kinston City Council Agenda Tuesday, February 16, 2021
CITIZEN COMMENT Citizens seeking assistance or asking questions will be contacted by a member of the Governing Body or by appropriate City Staff.
There are no in-person comments permitted. Please visit www.ci.kinston.nc.us/FormCenter/City-Clerk-Forms-11/Citizens-Comments-110 to complete and submit a Citizen Comment Form.
MINUTES
Consider approval of the minutes of the City Council meeting held on February 2, 2021 ------Debra Thompson Motion/Second
PRESENTATIONS AND RECOGNITION
1. Proclamation - COVID-19 Victims and Survivors Memorial Day ------Mayor Don Hardy
2. Recognition of Achievement – KeShawn Sanders ------Kristal Suggs
3. Recognition of Special Officer John Stroud ------Chief Tim Dilday
CONSENT AGENDA
1. Consider Adopting Resolution for Unpaid Real Property Tax and Advertising of Tax Liens ----- Donna Goodson
2. Consider Capital Project Amendment-T9301 FY16-FY2 Stormwater Projects1 ------Donna Goodson
3. Consider Adopting Ordinance for Special Revenue Fund Amendment-Ballistic Vest Fund (P9129) ----- Donna Goodson
4. Consider Authorization for Recruitment and Hiring – Finance Department ------Donna Goodson
5. Consider Authorization for Recruitment and Hiring – Public Services Department ----- Rhonda Barwick
6. Consider Approval for Special Events Permit – Freedom Classic ------Tim Dilday
Motion/Second
ACTION AGENDA
1. Consider Conditional Use Permit and Public Hearing for First Floor Residential -- Adam Short Motion/Second
2. Consider Awarding bid for Massey Drive Stream Restoration Project ------Rhonda Barwick Motion/Second
3. Consider Request to Accept Trenton Road as a City Maintained Street ------Rhonda Barwick Kinston City Council Agenda Tuesday, February 16, 2021
APPOINTMENTS
Consider Appointment of Applicant to Board of Adjustment/Planning Board -- Adam Short
CITY MANAGER’S REPORT
CITY ATTORNEY’S REPORT
MAYOR & COUNCIL REPORT
ADJOURNMENT
2-11
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 16, 2021
Agenda Section: Information and Updates
Agenda Item: Information Only
Action Requested: No Action Requested
Agenda Item to be Considered Presenter: Jennifer Wilson, Budget Administrator
Subject: FY 20-21 Quarter 2 Budget Status
Supporting Documentation: Memo
Department Head’s Approval ______City Manager’s Approval ______2-11
Budgetary Impact: No Budgetary Action Required
Staff Recommendation:
DON HARDY City of Kinston Mayor Post Office Box 339 TONY SEARS 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 11, 2021
To: Tony Sears, City Manager
From: Jennifer M. Wilson, Financial and Budget Administrator
Verified: Donna Goodson, Finance Director
Subject: 2nd Quarter, July – December 2020, Interim Report
This interim financial report summary reflects six months, or 50%, of FY 20-21. It represents the activity from July 1, 2020 through December 31, 2020. Combining all funds, the City received $44,611,252 in revenues and expended $40,637,947. Internal service funds have not been presented since the charges are captured within the individual funds.
The General Fund derives 69% of its revenues from 3 major sources; Property Taxes (45%), Local Government Sales Tax (17%) and State Shared Revenue/Franchise Tax (7%).
The City’s overall expenditures, both personnel and non-labor, shows spending at an average of 42%, 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 2020 and FY 2021.
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –KRISTAL SUGGS– FELICIA SOLOMON – ANTONIO HARDY Interim Financial Report - Summary For the Period Ended December 31, 2020 Six Months or 50% of the Year Complete
****Revenues and Expenditures include other financing sources (uses)****
Revenue FY 2021 FY 2021 Over YTD Actual YTD Actual (Under) FUND Revenues Expenditures Expenditure
General Fund - 1100 9,289,187 9,965,265 (676,078) KCC - 1600 359,436 520,256 (160,820) Water Fund - 6100 4,568,699 3,851,715 716,984 Wastewater Fund - 6200 3,690,702 2,429,913 1,260,788 Electric Fund - 6300 24,089,649 21,640,361 2,449,288 Environmental Services Fund 6400 2,100,369 1,839,699 260,670 Stormwater Fund - 6500 513,211 390,739 122,472
Total 44,611,252 40,637,947 3,973,305
FY 2021 FY 2021 % FY 2020 FY 2021 vs. REVENUES Budget YTD Actual Received YTD Actual FY 2020
General Fund - 1100 23,100,258 9,289,187 40% 8,955,512 104% KCC - 1600 1,334,408 359,436 27% 720,997 50% Water Fund - 6100 9,363,045 4,568,699 49% 4,896,304 93% Wastewater Fund - 6200 7,120,636 3,690,702 52% 3,347,199 110% Electric Fund - 6300 49,753,586 24,089,649 48% 25,859,080 93% Environmental Services Fund 6400 4,497,794 2,100,369 47% 2,082,607 101% Stormwater Fund - 6500 1,083,770 513,211 47% 517,041 99%
Total 96,253,497 44,611,252 46% 46,378,740 96%
FY 2021 FY 2021 % FY 2020 FY 2021 vs. EXPENDITURES Budget YTD Actual Expended YTD Actual FY 2020
General Fund - 1100 23,100,258 9,965,265 43% 9,738,744 102% WOW Center - 1600 1,334,408 520,256 39% 813,242 64% Water Fund - 6100 9,363,045 3,851,715 41% 3,627,345 106% Wastewater Fund - 6200 7,120,636 2,429,913 34% 2,996,303 81% Electric Fund - 6300 49,753,586 21,640,361 43% 21,133,316 102% Environmental Services Fund 6400 4,497,794 1,839,699 41% 1,885,182 98% Stormwater Fund - 6500 1,083,770 390,739 36% 387,260 101%
Total 96,253,497 40,637,947 42% 40,581,392 100%
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –KRISTAL SUGGS– FELICIA SOLOMON – ANTONIO HARDY
COUNCIL MEMBERS: ROBERT SWINSON – SAMMY C. AIKEN –KRISTAL SUGGS– FELICIA SOLOMON – ANTONIO HARDY
February 15, 2021
Dear City Council,
Please allow me to update you on Pride of Kinston as we start 2021.
During 2020, Pride of Kinston was unable to host any of its usual cultural or fundraising events due to COVID. However, we do not let such things deter us from our mission and vision, nor do we crash during a little turbulence.
Regardless of pandemic restrictions, promoting downtown businesses remained a priority. We kept our billboard and social media active and fresh as well as maintained contact with merchants to support and promote their adjustments to surviving the pandemic; i.e., Mother Earth’s and Social House Vodka’s hand sanitizer production, restaurants’ curb service and home deliveries, online boutique sales coaching, and certain non-downtown businesses that were helping to keep people safe such a ServPro’s disinfecting services and ALSCO’s masks and hand sanitizer stations. We also maintained contact with City Staff and our support network at North Carolina Main Street in the Department of Commerce and our other Main Street communities throughout the state through telephone and email. The Pride team also continued to plan its usually scheduled events around the Governor’s Executive Orders just in case we could proceed with them.
Interest in downtown Kinston did not subside during COVID. Pride of Kinston continued to assist parties interested in investing downtown whether it was buying a building, opening a new business, or façade grant applications, as well as meeting with developers, newcomers, County Commissioners, and others as needed to keep the momentum rolling.
Unfortunately, downtown was not spared negative impacts of COVID. However, unlike many North Carolina small towns, our COVID experience turned out to be a dark cloud with a silver lining. We lost 2 businesses (The Boiler Room, Consigned Designs changed hands, and the Chef and the Farmer closed temporarily to reinvent itself). Because our downtown has experienced a rebirth of vibrancy and desirability, interest in investing in downtown Kinston remained strong, which delivered to us 5 new businesses:
- Jays expanded from Goldsboro to Kinston . . .leasing and remodeling the former Boiler Room location - New Bern’s Axe Throwing Company expanded to Kinston in the former North Street Pub location - Van Davis reopened Consigned Designs on Queen Street - ‘Tis the Season Shoppe opened on W Gordon Street (and is currently expanding to offer vendor spaces within H Stadiem) - Manhattan Cigar Lounge opened on Queen Street - A smoothie shop is anticipated to open in the 300 block of Queen Street
- Additionally, Middle Grounds Coffee expanded into a much larger space
Not only did we gain at least 5 new businesses, we also sold 6 buildings.
- Parrott Hardware building - 3 buildings associated with Parrott’s - A building on W Gordon - A bank building at Gordon and Queen
Several more buildings downtown are being pursued with genuine interest for various redevelopment opportunities, and we awarded two façade grants to three property owners.
These measurables are a testament to the on-going improvement in the overall health of our downtown and the positive interest in our City. We have more hard work ahead of us, but together, with a shared vision to create the best community we can, we are getting there step by collective step. Or as Councilwoman Kristal Suggs says, “Block by block we make a difference.”
Change is occurring. We are actively reclaiming our vibe and our place as the economic hub of Lenoir County in part because of Pride’s aggressive marketing of our City for the last 3 years, promoting our opportunities, our spirit of commUNITY and inclusion, and our diverse culture. Even during the pandemic, visitors still come to experience and enjoy our downtown.
The final phase of Maplewood Cemetery is underway. Few weeks ago, we installed lantern lights on the posts of the brick wall and proposed trees were planted as part of the completion of this project. Installing signage to recognize the donors of the $280K for this project will complete this project.
So what is in Pride’s pipeline at the moment? In addition to our usual activities, here are a few new projects we are currently planning and hoping to implement for 2021.
- A gateway intersection project at West North and Mitchell Streets. This project was identified by our team a year ago based on a safety need, a primary gateway into downtown, and the need for a more interesting connectivity to Pearson Park (one of Kinston’s two downtown front lawns). o This involves painting the intersection and ‘fun’-painted crosswalks, converting the intersection to (preferably) a 4-way stop or (alternatively) installing speed cushions. Another safety precaution is painting a sensory path on the sidewalk from Mad Hatter to the corner at Mitchell to help slow down children who tear away from their parents to run across Mitchell to the dragon in the playground. Additionally, Pride plans to paint the building on the SE corner (privately owned but Pride has permission to do so) as well as adopt the City- owned plot of land alongside the Mitchel Street building to create a Shirley Herring Memorial Garden. . Mrs. Herring was a highly respected and extremely engaged citizen who spearheaded numerous beautification projects downtown, oftentimes at her own expense.
- Street Pole Banners throughout the district will visually identify the actual size of our downtown district which is larger than just Queen and Herritage Streets, recognize some of our history, include some wayfinding, and incorporate the new City branding established last year.
Banners illustrated below are representative only. Actual graphics, layouts and proportions will be determined.
Woodmen
o Approximately 100 banners of various styles along with banner brackets will be purchased and installed with the help of a $10K grant from Electricities and a $5K buy-in by our local Woodmen group, plus $4K from Pride of Kinston for a total budget of $19K. o Digitally printed vinyl banners allow for durability and vibrant colors o The banner collections will be interspersed with each other in order to create more visual interest and color downtown (adding to that provided by our new murals) o Examples of banners include . “Welcome” banners (paid for by Woodmen) . Farmers Market banners (they will help with the costs of theirs) . Banners identifying public parking lots to augment street level signage (Massey Toyota is paying for those 6) . Some banners will incorporate the new City branding . Music-themed banners near the Music Park will honor the global-influence of our music culture . Down East Wood Ducks has expressed interest in participating in the banner program. . Some Summerfest and Christmas banners may be also be purchased . There are a few opportunities for businesses to sponsor certain banners, for example an auto dealer is sponsoring parking lot banners, Jay’s 108, Beauty Box and Leon Thomas Treasures , and Lovick Café are on board so far) . Sales of a reduced-size vintage Kinston banner featuring the lion will be produced in a home size home to sell in order help sustain the banner program
Another project will provide multiple benefits, as well. - A pedestrian mall (a test run): COVID permitting, we propose closing North Street between Queen and Herritage, and ideally also, Herritage to Mitchell at some point in the future to (1.) create a Saturday pedestrian mall similar to those found in other communities like New Bern and Greenville or larger cities, (2.) This allows us to enable greater revenue generation opportunities for businesses and the City on Saturdays, and (3.) relocate Kinston Summerfest to North Street so that merchants derive direct economic benefit during the concert series that in turn reinforces the pedestrian mall concept by providing multiple music-related opportunities that help acclimate people to the pedestrian mall concept. o Plenty of free parking is very conveniently located to this block making the case of losing a few spaces on North Street inconsequential. o The important point is in relocating the music series to what is currently the epi-center of our downtown commercial district to maximize the benefit for both our businesses and our City, which was the original intent when the series was created as Sand in the Street.
Lastly, PhotoShop renderings of facades: Pride has located an intern who, as part of a school project, will do renderings of the worst buildings in the district for side-by-side comparisons that we can share to show both exiting conditions and what the possibilities could be in the hope that it will encourage property owners to invest in their properties or the sale of those buildings.
I hope this helps bring you up to speed on some key projects planned for the year in addition to our usual activities.
Pride of Kinston and I are grateful for your ongoing support.
Leon Steele, Executive Director Pride of Kinston
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 16, 2021
Agenda Section: Work Session AND Consent
Agenda Item: Resolution
Action Requested: Adopt Resolution
Agenda Item to be Considered Presenter: Donna Goodson, Finance Director
Subject: Resolution Ordering Advertisement of Property Tax Liens
Supporting Documentation: Memo and Resolution
Department Head’s Approval ______City Manager’s Approval ______2-11
Budgetary Impact: No Budgetary Action Required
Staff Recommendation:
DON HARDY City of Kinston Mayor Post Office Box 339 TONY SEARS Kinston, North Carolina 28502 City Manager
Phone: 252.939.3147 Fax: 252.939.1679 JAMES P. CAULEY III City Attorney
DEBRA THOMPSON City Clerk
FINANCE OFFICE
TO: Tony Sears, City Manager
FROM: Donna Goodson, Finance Director
SUBJECT: Unpaid Real Property Taxes & Advertisement of Tax Liens
DATE: February 10, 2021
General Statute G.S. 105-369(a) requires the tax collector to report to the governing body the total of unpaid 2019 taxes that are liens on real property and the governing body shall order the tax collector to advertise such tax liens.
As per memo received from Darrell Parrish, Lenoir County Tax Administrator, the total of unpaid 2020 taxes that are liens on real property is $644,898.18.
If this meets with your approval, the Lenoir County Tax Office will advertise these liens in the Kinston Free Press on Wednesday, March 31, 2021.
Attachments:
1. Copy of the Memo from the Lenoir County Tax Collector
2. Copy of General Statue G.S. 105-369(a)
3. A Resolution by the City Council to provide for the advertisement of tax liens
Property Tax Calendar:
Please find below a list of important calendar dates on the property tax due dates and lien dates.
Jan 5 2020 taxes due at par
Jan 6 2% interest is added to any remaining principle balances
Feb 1 ¾% interest is added on the first day of each month beginning in February to any principle balance remaining (if the 1st falls on a weekend or holiday, interest is added the next business day)
Feb 1 Municipal tax collector must report to governing board total unpaid 2020 taxes that are a lien on real property
Feb 26 Advertisement letters mailed to property owners
Mar 24 Last day to pay 2020 real property taxes to avoid being included in the newspaper advertisement
Mar 31 Municipal tax collector will advertise tax liens on unpaid 2020 taxes in local newspaper
Requested Action: City Council approval of the attached resolution authorizing the advertisement and collection of unpaid property taxes at the February 16, 2021 meeting.
COUNCILMEMBERS: ROBERT A. SWINSON, IV. – SAMMY C. AIKEN – FELICIA SOLOMON – KRISTAL SUGGS – ANTONIO HARDY
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF KINSTON TO PROVIDE FOR THE ADVERTISEMENT OF TAX LIENS ON REAL PROPERTY FOR FAILURE TO PAY TAXES
The Tax Collector of the City of Kinston having reported to the governing body the total amount of unpaid taxes for the current fiscal year that are liens on real property, in accordance with subsection (a) Section 105-369 of the General Statutes;
NOW THEREFORE, be it and it is hereby resolved by the City Council of the City of Kinston:
Section 1. That the Lenoir County Tax Collector be and is hereby authorized, empowered and directed to make the advertisement of the tax lien on said real property of the said taxpayers, such advertisement to be held at one of the times prescribed in subsection (c) of Section 105-369 of the General Statutes.
Section 2. Advertisement of tax liens will be published at least one time in the Kinston Daily Free Press. Such advertisement shall comply with the provisions of subsection (c) of Section 105-369 of the General Statutes.
Adopted this 16th day of February , 2021
______Debra Thompson, City Clerk
§ 105-369. Advertisement of tax liens on real property for failure to pay taxes. (a) Report of Unpaid Taxes That Are Liens on Real Property. – In February of each year, the tax collector must report to the governing body the total amount of unpaid taxes for the current fiscal year that are liens on real property. A county tax collector's report is due the first Monday in February, and a municipal tax collector's report is due the second Monday in February. Upon receipt of the report, the governing body must order the tax collector to advertise the tax liens. For purposes of this section, district taxes collected by county tax collectors shall be regarded as county taxes and district taxes collected by municipal tax collectors shall be regarded as municipal taxes. (b) Repealed by Session Laws 1983 (Regular Session, 1984), c. 1013. (b1) Notice to Owner. – After the governing body orders the tax collector to advertise the tax liens, the tax collector must send a notice to the record owner of each affected parcel of property, as determined as of the date the taxes became delinquent. The notice must be sent to the owner's last known address by first-class mail at least 30 days before the date the advertisement is to be published. The notice must state the principal amount of unpaid taxes that are a lien on the parcel to be advertised and inform the owner that the name of the record owner as of the date the taxes became delinquent will appear in a newspaper advertisement of delinquent taxes if the taxes are not paid before the publication date. Failure to mail the notice required by this section to the correct record owner does not affect the validity of the tax lien or of any foreclosure action. (c) Time and Contents of Advertisement. – A tax collector's failure to comply with this subsection does not affect the validity of the taxes or tax liens. The county tax collector shall advertise county tax liens by posting a notice of the liens at the county courthouse and by publishing each lien at least one time in one or more newspapers having general circulation in the taxing unit. The municipal tax collector shall advertise municipal tax liens by posting a notice of the liens at the city or town hall and by publishing each lien at least one time in one or more newspapers having general circulation in the taxing unit. Advertisements of tax liens shall be made during the period March 1 through June 30. The costs of newspaper advertising shall be paid by the taxing unit. If the taxes of two or more taxing units are collected by the same tax collector, the tax liens of each unit shall be advertised separately unless, under the provisions of a special act or contractual agreement between the taxing units, joint advertisement is permitted. The posted notice and newspaper advertisement shall set forth the following information: (1) Repealed by Session Laws 2006-106, s. 2, effective for taxes imposed for taxable years beginning on or after July 1, 2006. (1a) The name of the record owner as of the date the taxes became delinquent for each parcel on which the taxing unit has a lien for unpaid taxes, in alphabetical order. (1b) After the information required by subdivision (1a) of this subsection for each parcel, a brief description of each parcel of land to which a lien has attached and a statement of the principal amount of the taxes constituting a lien against the parcel. (2) A statement that the amounts advertised will be increased by interest and costs and that the omission of interest and costs from the amounts advertised will not constitute waiver of the taxing unit's claim for those items. (3) In the event the list of tax liens has been divided for purposes of advertisement in more than one newspaper, a statement of the names of all newspapers in which advertisements will appear and the dates on which they will be published.
G.S. 105-369 Page 1 (4) A statement that the taxing unit may foreclose the tax liens and sell the real property subject to the liens in satisfaction of its claim for taxes. (d) Costs. – Each parcel of real property advertised pursuant to this section shall be assessed an advertising fee to cover the actual cost of the advertisement. Actual advertising costs per parcel shall be determined by the tax collector on any reasonable basis. Advertising costs assessed pursuant to this subsection are taxes. (e) Payments during Advertising Period. – At any time during the advertisement period, any parcel may be withdrawn from the list by payment of the taxes plus interest that has accrued to the time of payment and a proportionate part of the advertising fee to be determined by the tax collector. Thereafter, the tax collector shall delete that parcel from any subsequent advertisement, but the tax collector is not liable for failure to make the deletion. (f) Listing and Advertising in Wrong Name. – No tax lien is void because the real property to which the lien attached was listed or advertised in the name of a person other than the person in whose name the property should have been listed for taxation if the property was in other respects correctly described on the abstract or in the advertisement. (g) Wrongful Advertisement. – Any tax collector or deputy tax collector who willfully advertises any tax lien knowing that the property is not subject to taxation or that the taxes advertised have been paid is guilty of a Class 3 misdemeanor, and shall be required to pay the injured party all damages sustained in consequence. (1939, c. 310, s. 1715; 1955, c. 993; 1971, c. 806, s. 1; 1983, c. 808, s. 1; 1983 (Reg. Sess., 1984), c. 1013; 1993, c. 539, s. 725; 1994, Ex. Sess., c. 24, s. 14(c); 1999-439, s. 1; 2000-140, s. 73; 2006-106, s. 2.)
G.S. 105-369 Page 2
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 16, 2021
Agenda Section: Work Session AND Consent
Agenda Item: Ordinance
Action Requested: Adopt Ordinance
Agenda Item to be Considered Presenter: Donna Goodson, Finance Director
Subject: Capital Project Amendment – T9301 FY16-FY21 Stormwater Projects
Supporting Documentation: Memo and Ordinance
Department Head’s Approval ______City Manager’s Approval ______2-11
Budgetary Impact: Budgetary Action Required
Staff Recommendation: Approval
AN ORDINANCE TO AMEND THE FY16-FY21 STORMWATER PROJECTS (T9301) CAPITAL PROJECT FUND
WHEREAS, the City Council established the FY16-Fy21 Stormwater Projects fund on June 20, 2016 to maintain small projects that will extend beyond a single fiscal year and will be completed within the FY2016 - FY2021 time allowance, and
WHEREAS, on June 15, 2020, the City Council approved an amendment to appropriate estimated expenditures related to the rehabilitation of the Massey Drive Stream Project to be funded with a transfer from the Stormwater fund, and
WHEREAS, the contract for the rehabilitation was awarded to Shamrock Environmental Corporation on February 3, 2021, and
WHEREAS, the City of Kinston as entered into a Municipal Agreement with the North Carolina Department of Transportation (NCDOT) in which the NCDOT will cover up to $177,640 of the contract costs thereby reducing the funds needed from a transfer from the Stormwater fund.
THEREFORE BE IT ORDAINED by the City Council of the City of Kinston, North Carolina that the following Capital Project Budget Ordinance is amended as follows:
Current Amended Increase FY16-FY21 Stormwater Projects Budget Budget (Decrease)
Revenues: State Grants - NCDOT $ - $ 177,640.00 $ 177,640.00 Transfer from Stormwater Fund 478,000.00 350,000.00 (128,000.00) Total Revenues $ 478,000.00 $ 527,640.00 $ 49,640.00
Expenditures: George St. Stormwater Rehabilitation $ 110,000.00 $ 110,000.00 $ - Oriental Avenue Stormwater Rehabilitation 130,000.00 130,000.00 - Tiffany Street Stormwater Rehabilitation 60,000.00 60,000.00 - Massey Drive Stream Project 178,000.00 227,640.00 49,640.00 Total Expenditures $ 478,000.00 $ 527,640.00 $ 49,640.00
Adopted this 16th day of February , 2021
______Debra Thompson, City Clerk
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 16, 2021
Agenda Section: Work Session AND Consent
Agenda Item: Ordinance
Action Requested: Adopt Ordinance
Agenda Item to be Considered Presenter: Donna Goodson, Finance Director
Subject: Special Revenue Fund Amendment – Ballistic Vest Fund (P9129)
Supporting Documentation: Memo and Grant Notification
Department Head’s Approval ______City Manager’s Approval ______2-11
Budgetary Impact: Budgetary Action Required
Staff Recommendation: Approval
DON HARDY City of Kinston Mayor Post Office Box 339 TONY SEARS Kinston, North Carolina 28502 City Manager
Phone: 252.939.3147 Fax: 252.939.1679 JAMES P. CAULEY III City Attorney
DEBRA THOMPSON City Clerk
FINANCE OFFICE
Date: February 10, 2021
To: Tony Sears, City Manager
From: Donna Goodson, Finance Director
Subject: Special Revenue Project Ordinance Amendment Ballistic Vests Special Revenue Fund (P9129)
BACKGROUND The Police department has requested an appropriation of revenue and expenditures for the FY2020 Ballistic Vest Partnership award from the U.S. Department of Justice for 17 vests in the amount of $14,097.76 requiring a 50/50 local match (memo attached dated October 23, 2020). This match will be funded with a transfer of $7,048.88 from the General Fund.
RECOMMENDATION Council adopt the special revenue project budget ordinance amendment for the Ballistic Vest Special Revenue Fund at the February 16, 2021 meeting.
COUNCILMEMBERS: ROBERT A. SWINSON, IV. – SAMMY C. AIKEN – FELICIA SOLOMON – KRISTAL SUGGS – ANTONIO HARDY AN ORDINANCE AMENDING THE SPECIAL REVENUE FUND FOR THE BALLISTIC VEST PARTNERSHIP GRANT (BVP) (P9129)
WHEREAS, the City Council created a special revenue fund on March 5, 2012 to account for the restricted federal funds from the U.S. Department of Justice Ballistic Vest Program, and
WHEREAS, the City of Kinston must provide for the safety of its law enforcement officers that watch over the safety of the community and in order to offset the cost of providing necessary personal protective equipment City staff actively seek grant funding sources, and
WHEREAS, the Kinston Department of Public Safety has applied for and been awarded a grant by the U.S. Department of Justice Bureau of Justice Assistance for the FY2020 granting period to purchase 17 ballistic vests, and
WHEREAS, it is agreed the City of Kinston will match the grant with a local match of $7,048.88 for the purchase of the ballistic vests. The grant will be funded with a split appropriation from Federal Grants BVP Program and Transfer from General Fund.
THEREFORE BE IT ORDAINED by the City Council of the City of Kinston, North Carolina that the following special revenue project budget ordinance is amended as follows:
Current Amended Increase Ballistic Vest Partnership (BVP) Program Budget Budget (Decrease)
Revenues: Federal Grants BVP Program $ 54,538.69 $ 61,587.57 $ 7,048.88 Transfer From General Fund 54,538.70 61,587.58 7,048.88 Total Revenues $ 109,077.39 $ 123,175.15 $ 14,097.76
Expenditures: Capital Outlay Other Equipment $ 97,759.97 $ 111,857.73 $ 14,097.76 Total Expenditures $ 97,759.97 $ 111,857.73 $ 14,097.76
Adopted this 16th day of February , 2021
Debra Thompson, City Clerk
City of Kinston Police Department
P.O. Box 339/205 E. King Street
Kinston, North Carolina 28502
Phone: (252) 939-3139/Fax: (252) 939-3276
Chief of Police Timothy A. Dilday
October 23rd, 2020
Donna Goodson City of Kinston / Finance Director P.O. Box 339 Kinston, North Carolina 28502
Ref: Request for Grant Project Budget Amendment 2020 Bulletproof Vest Partnership (BVP) Grant / the Bureau of Justice Assistance
Ms. Goodson,
On October 19th, 2020, The Bureau of Justice Assistance (BJA) approved our agency for the 2020 Bulletproof Vest Partnership Grant. The annual grant application was submitted on April 28th, 2020.
The Bulletproof Vest Partnership (BVP) Program helps protects the lives of law enforcement officers by assisting state, local, tribal governments to equip their officers with armor vest. The program pays up to 50% of the cost of the vest purchased by jurisdictions with approved applications. Our agency has applied for (17) ballistic vest for FY 2020-2021, Kinston Police Department was awarded the amount of $14,097.76. The grant consists of $7,048.88 in federal funds and $7,048.88 in local funds.
Thank you for your assistance into this matter.
Sincerely,
Timothy A. Dilday Chief of Police
PD-003.7 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Revised 4/13/17
Bulletproof Vest Partnership 2020 Award Announcement Page 1 of 1
Donna Goodson - Bulletproof Vest Partnership 2020 Award Announcement
From: "BVP Email Account"
Dear BVP Applicant, The Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award under the Fiscal Year (FY) 2020 Patrick Leahy Bulletproof Vest Partnership (BVP) solicitation. These funds have been posted to your account in the BVP System. A complete list of FY 2020 BVP awards is available at: https://www.ojp.gov/program/bulletproof-vest- partnership/overview.
Important: Jurisdictions must be registered in the SAM system (https://www.sam.gov/SAM/) in order to be paid for any 2020 BVP funds. For more information about renewing and updating your existing SAM registration, or registering in SAM as a new entity, please visit https://fsd.gov/fsd-gov/answer.do?sysparm_number=KB0011081. The SAM Helpdesk can be reached at 866-606-8220. The FY 2020 award may be used for National Institute of Justice (NIJ) compliant armored vests which were ordered after April 1, 2020. The deadline to request payments from the FY 2020 award is August 31, 2022, or until all available funds have been requested. Awards will not be extended past that date, and any unused funds will be forfeited. Please see the following websites for a list of NIJ compliant vests: https://cjtec.org/compliance- testing-program/compliant-product-lists/
As a reminder, all jurisdictions that applied for FY 2020 BVP funding certified that a mandatory wear policy was in place for their jurisdiction. BJA will be conducting reviews of the mandatory wear policies as funds are requested from the BVP System. For more information on the BVP mandatory wear policy, please see the BVP Frequently Asked Questions document: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FAQsBVPMandatoryWear Policy_0.pdf
Finally, please visit the following page for checklists and guides for each step of the BVP process: https://www.ojp.gov/program/bulletproof-vest-partnership/program-resources
For questions regarding the BVP Program or your award, please do not hesitate to contact the BVP Help Desk at [email protected] or 1-877-758-3787. Thank you BVP Program Support Team Bureau of Justice Assistance
This email was sent to [email protected] using GovDelivery Communications Cloud on behalf of: Department of Justice · Washington, DC
City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 16, 2021
Agenda Section: Action Agenda
Agenda Item: Other
Action Requested: Approve Request
Agenda Item to be Considered Presenter: Donna Goodson, Finance Director
Subject: Consider authorizing the advertisement and hiring to fill vacant Purchasing Manager position in the Finance Department
Supporting Documentation: Departmental Memo
Department Head’s Approval ______City Manager’s Approval ______2-11
Budgetary Impact: No Budgetary Action Required Staff Recommendation: Approval
DON HARDY City of Kinston Mayor Post Office Box 339 TONY SEARS Kinston, North Carolina 28502 City Manager
Phone: 252.939.3147 Fax: 252.939.1679 JAMES P. CAULEY III City Attorney
DEBRA THOMPSON City Clerk
FINANCE OFFICE
To: Tony Sears, City Manager
From: Donna Goodson, Director of Finance
Date: February 10, 2021
Re: Purchasing Manager Vacancy
Please consider authorizing the recruitment and hire of the Purchasing Manager position within the Finance Department. The position is budgeted for the remainder of this fiscal year.
The following position is needed to respond to vendor requests and perform the work necessary to maintain our purchasing processes.
General Fund 1100 - Purchasing Organization 4133 Position Title 205-010 Purchasing/Warehouse Manager
Thank you for your consideration.
COUNCILMEMBERS: ROBERT A. SWINSON, IV. – SAMMY C. AIKEN – FELICIA SOLOMON – KRISTAL SUGGS – ANTONIO HARDY 2-10
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City of Kinston
City Council Agenda
Meeting Date: Tuesday, February 16, 2021
Agenda Section: Action Agenda
Agenda Item: Public Hearing AND Approval
Action Requested: Adopt Ordinance
Agenda Item to be Considered Presenter: Adam Short, Planning Director
Subject: Conditional Use Permit for First Floor Residential
Supporting Documentation: CUP Considerations; Application Form; Property Owner Notice; Site Map; Public Hearing Notice; Draft Grant Order
Department Head’s Approval ______City Manager’s Approval ______2-10
Budgetary Impact: Choose an item.
Staff Recommendation:
DON HARDY City of Kinston Mayor
Post Office Box 339 TONY SEARS 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: Honorable Mayor and City Council FROM: Adam Short, Planning Director DATE: January 13, 2021 SUBJECT: Conditional Use Permit Request for First Floor Residential
Background: Staff has received a request submitted by David Machado to acquire a Conditional Use Permit to have two first floor residential units in the downtown (B-2) central business district. The request is for two parcels located at 109 & 109 ½ East North Street (NC PIN 452563337326).
Site Description: The property is zoned B-2 (Central Business District), which allows for a first floor residential unit with an approved Conditional Use Permit, subject to specific standards as defined in section 7.44 of the ordinance (outlined below). The Council should also consider the typical standards for approval of a CUP as outlined in Section 4 of the UDO (included as an attachment to this memo).
Zoning and Land Use: Direction from Site Zoning District(s) Adjacent and Nearby Land Uses North B-2 Office South B-2 Commercial East B-2 Vacant/Commercial West B-2 Commercial
Planning Board Recommendation: The Planning Board recommended approval of this conditional use permit by a unanimous vote at a special meeting on January 15, 2021.
Findings: In approving a CUP, 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
Staff has found that this application presently meets the ordinance and is presented in conformity with the existing land use planning documents. The applicable standards for this use can be found in section 7.44, which were recently adopted by City Council in December 2020. Section 7.44 requires that downtown, first-floor residential: (a) front on an intersecting street and (b) the Queen Street portion of the street frontage shall be nonresidential, except as may be required solely for ingress/egress. Additional considerations for City Council from Section 4 of the UDO have been provided as attachment to this memo.
Action Requested: Hold a Public Hearing, Approve or Deny the Request
Attachments: CUP Considerations (UDO Section 4.5.4.5) Application Property Owner Notice Map Public Hearing Notice Draft Grant Order
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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.
City of Kinston Post Office Box 339 Kinston, North Carolina 28502
January 4, 2021
RE: Conditional Use Permit Application – 109 & 109 ½ East North St
Dear Property Owner,
The City of Kinston has received a request from David Machado to acquire a conditional use permit (CUP) to have two residential units on the first floor (first floor residential) in the B-2 (Central Business District) Zoning District. The request is for two parcels located at 109 & 109 ½ East North Street (NC PIN 452563337326). This request will be considered by the City Council of the City of Kinston, which requires a public hearing. The process for this public hearing requires notification of all property owners within two hundred (200) feet of any site under consideration for the CUP, which is why you are receiving this notice. The Planning Department encourages all interested parties to participate in the public hearing regarding this request. The City Council will review this request at a public hearing on January 19, 2021 at 7:00 pm 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 252-939-3110 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 [email protected] or by phone at 252-939-3269.
Regards,
Adam T. Short Planning Director
City of Kinston Notice of Public Hearing of the Kinston City Council
Notice is hereby given that the Kinston City Council will hold a Public Hearing at 7:00 pm on Tuesday, January 19, 2020 or as soon thereafter as may be heard, in City Hall Council Chambers, 207 East King Street, Kinston, NC. The following item will be heard:
1. A request by David Machado to acquire a Conditional Use Permit to have two first floor residential units in the downtown (B-2) central business district. The request is for two parcels located at 109 & 109 ½ East North Street (NC PIN 452563337326);
The aforementioned item may be changed or amended at the public hearing. Citizens are encouraged to attend and express opinions at the hearing. Copies may be obtained from the address below. Persons with special needs should contact the City Clerk at 252-939-3115 at least two work days prior to the date of the hearing.
Adam Short Planning Director 207 E King St, P.O. Drawer 339, Kinston, NC 28502-0339 252-939-3253 or [email protected]
Please Advertise: Friday, January 8, 2021 and Friday, January 15, 2021
Send Affidavit of publication and invoice to: Adam Short City of Kinston Planning Department PO Drawer 339 Kinston, NC 28502
DRAFT CITY OF KINSTON STATE OF NORTH CAROLINA ORDER GRANTING A CONDITIONAL USE PERMIT FOR A FIRST FLOOR RESIDENTIAL UNIT LOCATED AT 109 & 109 ½ EAST NORTH STREET 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 16, 2021 to consider an application for a Conditional Use Permit for a first floor residential unit 109 & 109 ½ East North Street, 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-2 (Central Business District) zoning district with the approval of a Conditional Use Permit in accordance with the City of Kinston Unified Development Ordinance; 2. A Public Hearing before the City Council was held on February 16, 2021 to consider the issuance of a Conditional Use Permit; 3. The Planning Board recommended approval of the request at their specially scheduled meeting held on January 15, 2021 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 Conditional 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 Conditional 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 Conditional Use Permit have been satisfied, IT IS ORDERED that the application dated December 2, 2020 by Dave Machado for the issuance of a Conditional Use Permit BE GRANTED, subject to technical corrections by city staff.
Thus ordered this the 16th day of February 2021.
Attest: Debra Thompson, City Clerk
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