Clinton NORTH CAROLINA  March 5, 2024, CITY COUNCIL MEETING  The City Council oft the City of Clinton, North Carolina, met in a regular session at 7:00 PM on March 5, 2024, in the City Hall Auditorium. Mayor Starling presided. Councilmembers Ruggles, Corbett, DuBose, and Strickland were present.  Mayor Pro Tem Becton was absent, due to thej passing of his mother, a couple of  hours earlier.  City. Attorney Tim Howard of Howard and Carr, PLLC, was present.  Also, present were City Clerk Elaine F. Hunt; City Manager James Duncan; Finance Director Kristin Stafford; Public Works Director Chris Medlin; HR Director Natalie Blue; Parks and Recreation Director Jonathan Allen; Planning Director Mary Rose; Fire Chief Hagan Thornton; Assistant Police Chief Adrian Mathews; Senior Plannerl Lyle Moore; and  Police Chief Anthony Davis. Sampson Weekly was absent.  Jack Tunnell of The Sampson Independent was present. Sylvia Chestnutt ofThe  Mayor Starling gave thei invocation.  CITY COUNCIL  Upon ai motion made by Councilmember Strickland, seconded by Councilmember Ruggles, the minutes oft the February 6, 2024, regular city council meeting were  unanimously approved.  P8Z-8400VERLAND ROAD - IERRIS MCPHAIL  Mayor Starling opened a public hearing on ai request by Jerris McPhail, to: rezone approximately 2.93 acres at 840 Overland Road from RA-20 Residential Agriculture tol NS-  Neighborhood Shopping.    Senior Planner Lyle Moore explained the request and gave the staff and Planning and Zoning Board's recommendation to approve the request upon the findings of facta and  zoning consistency statement.  No one else appeared to be heard and Mayor Starling closed the public hearing. Upon al motion made by Councilmember Strickland, seconded by Councilmember Corbett, the following amendment #2024.03.01 to the Zoning Ordinance was unanimously  adopted:  WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City of Clinton Planning Board does hereby find and determine that the recommendation ofordinance amendment RZ-2-24-1 to be rezoned from RA-20 Residential Agriculture to NS-Neighborhood Shopping is consistent with the goals and objectives oft the Clinton 2035 Comprehensive Plan and other long-range planning documents. Section 6-B of the 2035 Clinton Comprehensive Plan identifies NS - neighborhood Shopping zoning as an area oft the community where the principal use oft the land is toj provide services to the surrounding residential neighborhoods. P&Z-1101 UNDERWOOD STREET - HEBERT MAGADAN  Mayor Starling opened a public hearing on ai request by Hebert Magadan to rezone approximately 0.25 acres at 110 Underwood Street from HC - Highway Commercial to R-8  Residential.  Senior Planner Lyle Moore explained the request and gave the staffand Planning and Zoning Board's recommendation to approve the request upon the findings ofi fact and  zoning consistency statement.  Senior Planner Moore stated that no concerns were received. No one else appeared Upon a motion made by Councilmember Strickland, seconded by Councilmember  tol be heard and Mayor Starling closed the public hearing.  Ruggles, the following amendment #2024.03.02 to the Zoning Ordinance was  unanimously adopted:  WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City of Clinton Planning Board does hereby find and determine that the recommendation ofordinance. amendment RZ-2-24-21 to be rezoned from HC - Highway Commercial to R-8 Residential is consistent with the goals and objectives oft the Clinton 2035 Comprehensive Plan and other long-range planning documents. Clinton 2035    Comprehensive Plan Section 7C Goal 8 declares Clinton will consider preservation of  residential neighborhoods in its decision-making process. P&Z-ALONG FOXCROFT DRIVE - PLANNING! STAFF  Mayor Starling opened a public hearing on a request by Planning Staff, to rezone approximately 5.07 acres, all 13 lots along Foxcroft Drive, from RA-20 Residential and 0&I  Office and Institutional to R-8 Residential.  Previously, this public hearing was withdrawn.  No one appeared to be heard and Mayor Starling closed the public hearing.  P&Z-708 COLLEGE STREET - JOSE CRUZO  Mayor Starling opened a public hearing on a special use request by Jose Cruz to convert a single-family dwelling into a 3-unit apartment at 708 College Street in the R-8  Residential District.  Mayor gave oaths to) Jose Cruz, Helen and Louis Kearns, and Mary Rose.  Planning Director Mary Rose presented the findings. She stated that the request met the technical requirements, which the Planning Board reviewed. She noted that the Planning Board recommended approval oft the technical requirements. Furthermore, Ms.  Rose stated that an architect has looked at thej property.  The City Council asked several questions, and Jose Cruz, with the assistance ofan interpreter, responded. Afterward, Helen Kearns spoke. She stated that they had lived on College Street for approximately 28 years. Shenoted that this 3-unit apartment "does not fit" into their environment. She and Mr. Kearns spoke in opposition to the request.  No one else appeared tol be heard, and thel hearing was closed.  Mayor Starling read Standard 1: Ifcompleted as proposed, the development will comply with all ofthe requirements of this Ordinance. He then called for a vote on whether the requested use would meet this standard. Four, except for Mayor Pro Tem Becton, who  was absent, voted that the standard would be met.  Mayor Starling read Standard 2: The use will not materially endanger the public health or safety. He then called for a vote on whether the requested use would meet this standard. Councilmember Corbett voted that the standard would be met; however, no one  seconded.    Mayor Starling read Standard 3: The use will not substantially injure the value of adjoining or abutting property. He then called for a vote on whether the requested use would meet this standard. Four voted that the standard would not be met.  Mayor Starling read Standard 4: Thei use willl be in harmony with the area in whichi it ist to be located. He then called for a vote on whether the requested use would meet this  standard. Four voted that the standard would not be met.  Mayor Starling read Standard 5: The use will be in general conformity with the Land Development Ordinance, thoroughfare plan, or other plan officially adopted by the Council. He then called for a vote on whether the requested use would meet this standard.  Fourv voted against the standard being met.  Mayor Starling announced that the special use request by Jose Cruz to convert a single-family dwelling into a 3-unit apartment at 708 College Street in thel R-8 Residential  District failed to meet the five standards.  P&Z-1536 HOBBTON HIGHWAY - FRANK OWENS  Mayor Starling opened a public hearing on a special use: request by Frank Owens to expand an existing mini storage facility at 1536 Hobbton Highway in the HC - Highway  Commercial District.  Senior Planner Lyle Moore presented the findings. He stated that there havel been no  concerns voiced regarding this request.  No one else appeared to bel heard, and thel hearing was closed.  Mayor Starling read Standard 1:Ifc completed as proposed, the development will comply with all oft the requirements oft this Ordinance. He then called for a vote on whether the requested use would meet this standard. Four voted that the standard would be met. Mayor Starling read Standard 2: The use will not materially endanger the public health or safety. He then called for a vote on whether the requested use would meet this  standard. Four voted that the standard would be met.  Mayor Starling read Standard 3: The use will not substantially injure the value of adjoining or abutting property. He then called for a vote on whether the requested use  would meet this standard. Four voted that the standard would be met.  Mayor Starling read Standard 4: The use willl be in harmony with the area in whichi it istol bel located. He then called foray vote on whether the requested use would meet this  standard. Four voted that the standard would be met.    Mayor Starling read Standard 5: The use will be in general conformity with thel Land Development Ordinance, thoroughfare plan, or other plan officially adopted by the Council. He then called for a vote on whether the requested use would meet this standard.  Four voted that the standard would be met.  Upon ai motion by Councilmember Strickland, seconded by Councilmember DuBose, a special use request by Frank Owens to expand an existing mini storage facility at1536 Hobbton Highway in the HC - Highway Commercial District was unanimously approved. RESOLUTION-AMENDING THE REORGANIZATION OF THE ALL-AMERICA CITY  COMMITTEE  Upon a motion made by Councilmember DuBose, seconded by Councilmember Strickland, it passed unanimously to approve the following resolution amending the  reorganization oft the All-America City Committee:  RESOLUTION AMENDING THE REORGANZATION OF THE. ALL-  AMERICA CITY COMMITTEE  Whereas, in 2003, the All-America City Planning Committee was named toj pursue Whereas the original committee recognized the need to reorganize the committee Whereas, Clinton was selected as a finalist in 2004, 2005, 2007, 2009, and 2019, Whereas, at its February 6, 2024, City Council meeting, the City Council voted to Therefore, Be It Resolved that the All-America City Planning Committee has been dissolved, and the group's official name is currently the. All-America City Committee, with an expanded membership from the previous fifteen members. The City Council and the Mayor appoint members. Terms shall be for two years and begin January 1st, Members are eligible for reappointment. City staffnecessary to advise the committee shall serve asex-  the goal ofbeing called an All-America City; and  into an advisory: group and asked the City Council to reorganize the committee.  winning the award as an All-America City on June 8, 2007; and expand the membership within the. All-America City Committee.  officio members. responsibilities:  Bel It Further Resolved that the All-America City Committee possesses the following  The. All-America City Committee shall be advisory toi the City Council.    Shall select from its membership a chairperson and vice-chairperson to serve one-year The Committee or any person representing the committee shall noti incur any financial liability outside of regularly budgeted items ini the name ofthe city. All expenditure The Committee shall seek ways to celebrate the City of Clinton being named an All- The Committee shall review and recommend to the City Council the actions necessary The Committee shall advise the City Council when to apply for the All-America City  terms that will be eligible for re-election.  shall follow standard budget guidelines.  America City.  tor market the cityi in the areas of economic development.  Award.  The Committee shall meet as it deems necessary.  CERTIFICATION OF MUNICIPAL DECLARATION TO ENACT SPEED LIMITS AND REQUEST FOR CONCURRENCE. FOR COLLEGE STREET BETWEEN CONNESTEE STREET AND BEAMAN STREET AT EASTOVER AVENUE IN DOWNTOWN CLINTON  At a previous city council meeting, Police Chief Davis presented a speed data analysis for College Street as requested by the City Council. Chief Davis said the study began at 408 College Street and continued to the traffic light adjacent to CVS Pharmacy. Chief Davis recommended that the City Council adopt a resolution reducing the speed limit in this designated area from 35 mph to 25 mph. At the January 23, 2024, Special City  Council meeting, this resolution was adopted.  Acknowledging the request by the City, Mr. Robert Hammond and the NCDOT requested approval of a certification of municipal declaration to enact speed limits and request for concurrence, for College Street between Connestee Street and Beaman Street at  Eastover Avenue in Downtown Clinton.  Upon a motion made by Councilmember Strickland, seconded by Councilmember Ruggles, the following "Certification of Municipal Declaration to Enact Speed Limits and Request for Concurrence, for College Street between Connestee Street and Beaman Street at  Eastover Avenue in Downtown Clinton, was adopted unanimously:    Shall select from its membership a chairperson and vice-chairperson to serve one-year The Committee or any person representing the committee shall noti incur any financial liability outside of regularly budgeted items in thei name ofthe city. All expenditure The Committee shall seek ways to celebrate the city of Clinton's being named an All- The Committee shall review and recommend to the City Council the actions necessary The Committee shall advise the City Council when to apply for the All-America City  terms that will be eligible for reelection.  shall follow standard budget guidelines.  America City.  toi market the city in the areas of economic development.  Award.  The Committee shall meet as it deems necessary.  CERTIFICATION OF MUNICIPAL DECLARATION TO ENACT SPEED LIMITS AND REQUEST FOR CONCURRENCE, FOR COLLEGE STREET BETWEEN CONNESTEE STREET AND BEAMAN STREET AT EASTOVER AVENUE IN DOWNTOWN CLINTON  At a previous city council meeting, Police Chief Davis presented a speed data analysis for College Street as requested by the City Council. Chief Davis said the study began at 408 College Street and continued to the traffic light adjacent to CVS Pharmacy. Chief Davis recommended that the City Council adopt a resolution reducing the speed limit in this designated area from 35 mph to 25 mph. At the January 23, 2024, Special City  Council meeting, this resolution was adopted.  Acknowledging the request by the City, Mr. Robert Hammond and the NCDOT requested approval of a certification of municipal declaration to enact speed limits and request for concurrence, for College Street between Connestee Street and Beaman Street at  Eastover Avenue in Downtown Clinton.  Upon a motion made by Councilmember Strickland, seconded by Councilmember Ruggles, the following Certification of Municipal Declaration to Enact Speed Limits and Request for Concurrence, for College Street between Connestee Street and Beaman Street at  Eastover. Avenue in Downtown Clinton, was adopted unanimously:    Certification of Municipal Declaration To Enact Speed Limits and Request for Concurrence  Concurring State Ordinance Number: 1085368  Division: 3 Type: Municipal Speed Zones Road: SR 1855  County: SAMPSON  Municipality: CLINTON  Car: 25MPH  Truck: 25MPH  Description: (College Street) between Connestee Street (non-system): and SR 1838 (Beaman Street) at Eastover  Avenue (non-system).  Municipal Certification  ,E Elaine F. Hunt, Clerk of The City of Clinton and Clinton City Council do hereby certify that ther municipal governing body, pursuant to the authority granted by G.S.20-141(), determined upon the basis of an engineering and traffic investigation and duly declared, ont the! 5th day of March 2024, the: speed limits as set forth above on the designated portion of the State Highway System, which shall become effective when the Department of Transportation has passed a concurring ordinance and signs are erected giving notice of the  authorized speed limit.  The said municipal declaration is recorded as follows:  Minute Book: 47 Page:--  Ordinance Number:  In witness whereof, Ihave hereunto set my hand and the municipal seal this 5th day of March 2024.  (signature)  (municipal seal)  Department of Transportation Approval  Division: Region:  Title: Title:  Date: Date:    STREET AND PARKING LOT CLOSINGS - CRUISE-IN AND EASTER BONNET PARADE Upon a motion made by Councilmember DuBose, seconded by Councilmember Ruggles, it passed unanimously to close Main Street from Wall Street to Lisbon Street, and the parking lot at the west end oft the Sampson County Courthouse from 7:30. AM to 1:00 PM on Saturday, March 30, 2024, for a Cruise-In and Easter Bonnet Parade. RESOLUTION -IN SUPPORT OF STORMWATER INFRASTRUCTURE AND ADA COMPLIANCE NECESSARY TO RESTRIPE/ A CROSSWALK. ATTHE INTERSECTION OF  COLLEGE STREET AND DEVANESTREET  Upon a motion made by Councilmember Strickland, seconded by Councilmember  Ruggles, the following resolution passed unanimously:  RESOLUTION IN  SUPPORT OF STORMWATER INFRASTRUCTURE AND ADA COMPLIANCE NECESSARYTO RESTRIPE A CROSSWALK AT THE INTERSECTION OF  COLLEGE STREET AND DEVANE: STREET  WHEREAS, College Street is a principal route into Downtown Clinton; and WHEREAS, citizens of Clinton have expressed concerns related to cross-over traffic WHEREAS, citizens have requested a crosswalk be restriped around College Street WHEREAS, NCDOT has requested letters of support regarding this concern before WHEREAS, the storm drain in this location is failing and will need to be relocated or NOW,1 THEREFORE, BE IT RESOLVED, that the City Council oft the City of Clinton, Sampson County, North Carolina, hereby supports this project-the stormwater infrastructure and ADA Compliance necessary to restripe a crosswalk at the intersection of College Street and Devane Street, acknowledging that funding is in question.  and speeding vehicles traveling in this vicinity oft the city; and  and Devane Street; and  proceeding to the next level with no guarantees; and  repaired, and funding for this project will need to be considered.    APPOINTMENT  Upon a motion made by Councilmember DuBose, and seconded by Councilmember Ruggles, it passed unanimously to add Austin Smith, Plant Environmental Manager, Smithfield Foods, and Patricia Herring, Smithfield Foods, to the. All-America City  Committee. REPORTS  The monthly combined staff report was acknowledged.  STAFFREPORTS  There were no staff reports. CITY MANAGER REPORTS  City Manager Duncan stated that at their desks were copies of the Police  Department's 2023 Annual Report. PUBLIC COMMENTS  Michael Matthews, 414 Lafayette Street, Clinton, NC requested to be placed on the  agenda; however, he was a "no-show."  OTHER BUSINESS  There was no other business for discussion.  CLOSED SESSION  Upon a motion made by Councilmember Ruggles, seconded by Councilmember DuBose, the following resolution passed unanimously to enter closed session pursuant to  GS.143-318.110)6) to discuss personnel:  RESOLUTION TO ENTER CLOSED SESSION  Bel Itl Resolved that the regular meeting oft the City Council oft the City of Clinton, North Carolina, held at 7:00 PM on March 5, 2024, entered closed session as allowed by  G.S.143.318110)6) to discuss matters relating to personnel.  Upon a motion made by Councilmember Strickland, seconded by Councilmember    Ruggles, it passed unanimously for the City Council to re-enter regular session at  approximately 8:08 PM.  Mayor Starling stated that the City Council entered closed session to discuss Mayor Starling adjourned the March 5, 2024, City Council meeting at  personnel. Furthermore, he stated that no action was taken.  approximately 8:10 PM.  airo 1 Hhut Elaine F. Hunt, City Clerk, MMC, NCCMC  Lew Starling, Jr., Mayor  A