HITEV  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, September 26, 2023 317 S. Madison Street, Whiteville, NC, 28472  The Regular Meeting of the City Council oft the City of Whiteville was called to order on Tuesday, September 26, 2023, at 6:30 p.m., at 317 S. Madison Street, Whiteville, NC,  28472. 1) ROLL CALL PRESENT: ABSENT:  Terry! Mann, Jimmy Clarida, Tim Collier, Helen BI Holden, Vickie Pait, Kevin' Williamson, and Emory' Worley  None.  OTHERS IN ATTENDANCE: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Robert Lewis, Planning Director; Madison Ward, Economic Development Director; Hal Lowder, Emergency Services Director; Autry Dawsey, Jr.; Josh Harris; Joseph Williams (The News Reporter); and Members of thel Public  2) CALLTOORDER By Mayor Mann at 6:30 pm. 3) INVOCATION Provided by! Mayor Pro Tem Clarida. 4) PLEDGE OF ALLEGIANCE Led byl Mayor Mann. 5) ADOPTION OF AGENDA Closed Session. Vickie Pait SECONDED the motion. VOTE:7-0 (Unanimous) Nays: 0 Absent: 0 2023  Tim Collier MOVED to approve the adoption of the agenda as amended to add  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden,  Vickie Pait, Kevin' Williamson, Emory Worley)  6) APPROVAL OF MINUTES  6.1) Consideration for Approval of Minutes: Closed Session on August22, Jimmy Clarida MOVED to approve the minutes for the closed session  held on August 22, 2023. Emory' Worley SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin' Williamson, Emory Worley)  7) PUBLIC COMMENT None. 8) PUBLIC HEARING    8.1) PublicHearing: Ordinance No. 2023-0-92-Text. Amendment-P8Z#23- 06-01-Section 155.141 Outdoor Advertising Signs Mayor Mann Opened the Public Hearing at 6:33 pm.  Mr. Lewis explained that staff initiated a text amendment to Section 155.141 Outdoor Advertising Sign, to increase the duration of a digital display from a five (5) minute interval to an eight (8) second interval. He explained that the proposed amendment is more in line with industry standards and other local land use regulations. He reported that the Planning Board recommended unanimous approval of the proposed text amendment at their July 10th regular meeting. Discussion ensued. Mayor Mann asked if there was anyone present that wanted to comment on the matter. Mr. Autry Dawsey, Jr. came forth and stated that he is from Kannapolis NC but has interests in family business in Whiteville. He stated that he is supportive oft the text amendment. Brief  discussion ensued.  Mayor Mann Closed the Public Hearing at 6:36 pm. 8.2) Pubic-eanngeOrinance No. 2023-0-93-Text. Amendment-P8Z#23- 09-01-Section 155.080 Development Slandards-Commercial Development on Residential Streets Mayor Mann Opened the Public Hearing at 6:37 pm.  Mr. Lewis explained that staff initiated a text amendment to Section 155.080 Development Standards regrading residential street standards where commercial development is proposed or approved. He explained that staff has encountered issues during plan design and construction where commercial development has taken place on streets historically used for residential traffic. He reported that staff is proposing that developers be required to bring driveways and streets to NCDOT commercial standards. This will reduce street damage and repairs that will be the responsibility of the City in the future. He reported that the proposed amendment will also assist with drainage and reduce stormwater runoff. He advised that the Planning Board recommended unanimous approval at their regular September 11th meeting. Brief discussion ensued. Mayor Mann asked ift there was anyone present who  wanted to speak on the matter. No one came forth. Mayor Mann Closed the Public Hearing at 6:40 pm.  9) BUSINESS  9.1) Discussion & Decision-Ordinance No. 2023-0-92-Text Amendment- P8Z#23-06-01-Section 155.141 Outdoor Advertising. Signs Plan Consistency Statement Ord. 2023-0-92.docx Emory' Worley MOVED to approve the adoption of Ordinance No. 2023- 0-92 regarding Outdoor Advertising Signs, to better conform with industry standards and reflect other local land use regulations regarding  digital outdoor advertising signs. Jimmy Clarida SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin' Williamson, Emory' Worley) Jimmy Clarida MOVED to approve the Plan Consistancy Statement regarding Outdoor Advertising Signs to better conform with industry standards and reflect other local land use regulations regarding digital  outdoor advertising signs. Tim Collier SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin' Williamson, Emory Worley) Mr. Lewis read the Plan Consistency Statement into the record, "Per the Land Use Plan, Chapter 8, Land Use Policies and Strategies, recommends the review of existing development ordinances andi identify regulations in need of update or removal. Therefore, the proposed    ordinance is consistent with the policies and strategies discussed in the Comprehensive Land Use Plan by the City of Whiteville and is in the 9.2) Discussion & Decision-Ordinance. No. 2023-0-93-Text Amendment- A220A0ISadAEs0. Development Slandards-Commercial Jimmy Clarida MOVED to approve the adoption of Ordinance No. 2023- 0-93, regarding commercial development on streets which have been  public's interest at this time." Development on Residential Streets used historically for residential traffic. Vickie Pait SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley) Jimmy Clarida MOVED to approve the adoption of Plan Consistency Statement regarding commercial development on streets which have  been used historically for residential traffic. Vickie Pait SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin' Williamson, Emory' Worley) Mr. Lewis read the Plan Consistency Statement into the record, "Pert the Land Use Plan, Chapter 8, Land Use Policies and Strategies, recommends the review ofe existing development ordinances and identify regulations in need of update or removal. Therefore, the proposed ordinance is consistent with the policies and strategies discussed in the Comprehensive Land Use Plan by the City of Whiteville and is in the 9.3) Consideration To Applyf for Water Funding. to Perform Water System Mr. Currie presented this matter to Council. He explained that this is an application to NC DEQ is for replacement of water lines along Lee and Franklin Streets. He reported that NCDOT is slated to pave those two streets in 2027 and this is a good time to replace all the water lines under the street prior to paving. He reported that the loan/grant is for a total of $4,735,350 and can be awarded in one of three ways. First, as a 100% loan. Secondly, it could be a combination of grant and loan. Thirdly, though the City may not qualify for, is a 100% grant. Should the funds be awarded, he explained that the process will take about two years to design and get to where the project is actually bid. He advised that the City also has the right to reduce the size of the loan, even at time of award, if Council does not feel comfortable with the project. He reported that staff is recommending to apply for the total amount and the City can re-evaluate at that time. He described the project as being, 1) Water Main Replacements-Instal. 13,080L LFof6"&8 8" water main, 520 LFof6"& 8" water main in steel casing, 35 hydrants, 55 insert-a-valves, 76 gate valves (including 42 tapping sleeves), and 155 service connections. All proposed water main replacements will replace asbestos cement (AC) mains installed in 1948. He reported these mains are 75-years old and operated well beyond their useful life. Improvements will occur along the following streets: Franklin and Lee Streets. 2) Public Water Supply Wells Standby Power--Install permanent generators at Wells #7 and #8 to provide standby power in event of an emergency. He advised that none of these wells are currently equipped with a generator. This will ensure resiliency and redundancy of critical water supply and transmission systems, ensuring continuous operation during times of power loss. Discussion ensued. Jimmy Clarida MOVED to approve the City Manager to apply for funding  public's interest at this time." Upgrades  for water system upgrades. Vickie Pait SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin' Williamson, Emory' Worley)    9.4) Consideration for Resolution No. 2023-R-159 Updating. the City's Water Mr. Currie explained that Resolution No. 2023-R-159 provides an amendment to include the upgrades to water lines along Lee and Franklin Streets. He reported that this project is an effort to replace the water main on both streets ahead of NCDOT paving the streets in 2027. He advised that the lines on both streets are in need of repair and staff feels this would be a more economical way to proceed. Discussion Vickie Pait MOVED to approve Resolution No. 2023-R-159, providing an amendment to the City's Water Asset Management Plan. Jimmy Clarida SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 Improvements  Asset Management Plan  ensued.  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  9.5) Consideration for Resolution No. 2023-R-160 for Phase 1Water Mr. Currie explained that Resolution No. 2023-R-160 authorizes the City Manager as the designated agent for the City to sign necessary documents for the grant associated with Phase 1) Water Improvements. He advised that this does not allow for the Manager to approve any major changes to the project. He advised that once approved by Council, Council must still approve any major changes to said project. Emory Worley MOVED to approve Consideration of Approval for  Discussion ensued. Resolution No. 2023-R-160. Vickie Pait SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory' Worley)  9.6) Consideration for Resolution No. 2023-R-158 to Approve an Update to Mr. Currie explained that Resolution No. 2023-R-158 provides an amendment to include the upgrades to sewer lines along Lee and Franklin Streets. He reported that this project is an effort to replace the sewer main on both streets ahead of NCDOT paving the streets in 2027. He reported the lines on both streets are in need of repair and staff feels this would be a more economical way to proceed. Discussion Jimmy Clarida MOVED to approve Resolution No. 2023-R-158.  the Sewer Asset Management Plan  ensued.  Vickie Pait SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  9.7) Consideration for Funding Application for Sewer System Upgrades Mr. Currie explained this application is fort funding to replace sewer lines ahead of NCDOT paving Lee and Franklin Streets. He advised that the sewer lines under those streets are mostly clay pipe, except where the city has replaced sections at time. He advised the lines are in need of replacement prior to the streets being paved. He discussed with Council the work to be completed at one liftstation and instalation of two generators at two stations. He reported that funding for this request is $6,800,000. He explained that there are three options for funding. First, the City would get 100% loan. Secondly, there could be a combination ofl loan and grant awarded. Thirdly, there could be 100% grant, which is very unlikely. He advised that the City will have an opportunity to review the grant prior to accepting the award and that all of this is also contingent on LGC approvals. He provided a project description 1) Collection System Improvements-Repace 11,675 LF of 8"& 12" of vitrified clay gravity sewers, 52 4' manholes, and 134 4" sewer services    along Franklin Street and Lee Street. Sewer infrastructure along these streets was installed in 1943. 2) Lift Station (LS) Replacement- Complete replacement of LS #3. He advised that LS #3 is currently located within the 100-year floodplain. This project will elevate/fortify the lift station by elevating important, vuinerable components a minimum 2' of freeboard above the base flood elevation (BFE). Further, the existing aboveground lift station will be replaced by a submersible lift station to ensure continuous operation. 3) Lift Stations Standby Power--Install permanent generators at LS #2 & #3 to provide standby power in event ofa an emergency. He stated that none of these lift stations are currently equipped with a generator. He reported that by doing so it will ensure resiliency and redundancy of critical wastewater pumping and transmission systems, ensuring continuous operation during times of Jimmy Clarida MOVED to approve the City Manager to apply for funding  power loss. Discussion ensued. for sewer system upgrades. Helen BI Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 System Upgrades  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  9.8) Consideration for Resolution No. 2023-R-161 for Phase 3 Sewer Mr. Currie explained that Resolution No. 2023-R-161 allows the City Manager to be designated as the city's authorized agent. It allows the manager to sign necessary grant documents. Any major changes to the grant wills still require Council approval. Brief discussion ensued. Vickie Pait MOVED to approve Resolution No. 2023-R-161. Jimmy Clarida SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 Contract  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  9.9) Consideration of North Carolina Land & Water Fund (NCLWE)Grant Mr. Lewis explained to Council that the City was awarded $628,786 in grant funding in February of 2023 from the NCLWF. He advised that Council needs to approve the grant contract in order to receive the funds. He advised that the total project is $1,045,600 with a $20,000 Jimmy Clarida MOVED to approve the grant funding contract for  match. Brief discussion ensued. $628,786 from the NCLWF. Helen B Holden SECONDED the motion. VOTE:7-0 (Unanimous) Nays: 0 Absent: 0 Gate Repair  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  9.10) Consideration for BudgetAmendment FY 2023-24#1 for Firehouse Mr. Brown explained to Council that Budget Amendment FY2023-24 #1 is to receive insurance proceeds for damaged fence repair at the Firehouse. He reported that thet fence was damaged by a contractor and the City's insurance carrier, VFIS, covered the damages and will seek indemnification from the contractor's insurance carrier. Brief discussion Kevin Williamson MOVED to approve Budget Amendment FY 2023-24  ensued. #1.  Helen B Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory' Worley)    Absent: 0  9.11) Consideration fora Conciliation. Agreement & Reasonable  Accommodations PolicyRegarding Fair Housing. Act Case No. 04-29- Mr. C. Williamson explained that the US Department of Housing and Urban Development (HUD) received a complaint of housing discrimination under the Fair Housing Act on February 1, 2021. He advised that the complaint was made by the Christian Recovery Centers Inc, and against the City of Whiteville regarding the manner of how the City Code was applied to group homes and other similar housing. The matter was investigated and mitigated, resulting in a conciliation agreement and reasonable accommodations policy. Brief discussion Kevin Williamson MOVED to approve the proposed Conciliation Agreement and Reasonable Accommodations Policy related to the Fair  9431-8  ensued.  Housing Act Case No. 04-29-9431-8. Vickie Pait SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  10) COUNCILCOMMENTS  Council Member Williamson asked that Mr. Currie look into making some landscaping improvements at the park. (Recreation Center) since baseball season is over. Mr. Currie stated he would discuss with Mr. Blake Spivey, the Parks and Recreation Director. Council Member Collier asked about state budget appropriations and was Whiteville a recipient of any of those funds. Mr. Currie reported that the City is not directly a recipient, however the request to complete applications for water and sewer improvements funding, discussed earlier in the meeting, is sourced from the state budget. Council Member Worley commented on the status of the repair of the street sweeper and asked that Mr. Currie follow up with Police Chief Ipock regarding alledged scams taking place in the Walmart parking lot. Council Member Pait inquired of the progress of ticket sales for this weekend's music festival. Ms. Ward reported that she did not know how many tickets had been purchased as the finance department is tracking that data. Mayor Mann commented of the education and enforcement efforts by the City pertaining to parade participates not throwing candy out into the street for children during a parade. Ms. Ward and Mr. Lowder both commented that they have this prohibition printed on special events application. Mr. Currie stated that the policy prohibiting the throwing of candy into the street is supported and strongly recommended by the NCLM,  the City's insurer. 11) REPORTS 11.1) Manager's Update  Mr. Currie briefly commented on the matter pertaining to Mollies Branch Phase II progress. He reported that the installation is near finish, the crew set the last manhole this week and are working towards the final hookup on an existing manhole. He advised that once completed, crews Council received in their agenda packets, monthly departmental reports for August from the following departments: City Clerk, Economic Development, Finance, Fire, HR, Inspections, Parks and Recreation,  willl begin cleaning the streets and shoulders. 11.2) Monthly Departmental Reports for August 2023.  Planning, Police, and the WWTP. 12.1) Pursuant to NCGS 143.318.11 (a)(1)(4)  12) CLOSED SESSION  Jimmy Clarida MOVED to approve Convening Open Session and Move into Closed Session at 7:25 pm pursuant tol NCGS 143.318.11 (a)(1)(4) to discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that  may be offered by the public body in negotiations. Vickie Pait SECONDED the motion.    VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 7:40 pm. No action taken. September 26, 2023 at 7:41 pm. Tim Collier SECONDED the motion. VOTE:7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin' Williamson, Emory Worley) Council returned from Closed Session and reconvened Open Session at Vickie Pait MOVED to approve the adjournment of the regular meeting held on  13) ADJOURNMENT  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden,  Vickie Pait, Kevin' Williamson, Emory Worley)  Terry L. Mann, MAYOR TAE Bonnie T.Williams, Sss    ORDINANCE NO. 2023-0-92 P&Z#23-06-01 TEXT AMENDMENT  CITY OF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE ADDING AND AMENDING CHAPTER 155, SECTION(S) $155.041, OUTDOOR ADVERTISING SIGNS, TO TITLE XV LAND USAGE OF THE WHITEVILLE CODE OF ORDINANCESI BYTEXT. AMENDMENT WHEREAS, the City of Whiteville is authorized to establish ordinances and regulations relating tot the general welfare oft the community and proper land use and zoning practices; and WHEREAS, the Staff of the City of Whiteville feel that the following additions willl better serve WHEREAS, the City of Whiteville Planning and Zoning Board, having held aj public hearing on July 10",2 2023 finds the amendments tol be consistent with the City of Whiteville's Land Use Plan and recommends amending the Code of Ordinances; and WHEREAS, the City of Whiteville City Council, having published notice on September 14th, 2023 and September 21#,2023, held aj publicl hearing on September 26th; NOW THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION I. The Code of Ordinances, TITLE XV, by the amendment of Chapter 155, Section(s) $155.041, Outdoor Advertising Signs. Deleted portion shall bei indicated by! beld pgaata andi inserted texti in boldblack underline highlight. SECTION. II. CONSISTENCY. The provisions of this Ordinance are found tol be consistent SECTION III. CODIFICATION. Thej provisions oft this Ordinance shall be published as appropriate ini the Whiteville Code of Ordinances as soon as practicable. SECTION IV. SEVERABILITY CLAUSE. Ifany's section, part of provision oft this Ordinance is declared unconstitutional ori invalid by a court of competent jurisdiction, then iti is expressly provided and iti is thei intention oft the City Council inj passing this Ordinance thati its parts shall bes severable and all other parts oft this Ordinance shall not be affected thereby and theys shall SECTION V. PUBLICATION. AND EFFECTIVE DATE. This Ordinance: shall take effect  the community and] land use goals of the City; and  WHITEVILLE, NORTH CAROLINA, THAT:  with the City of Whiteville's Land Use Plan.  remain ini full force and effect.  immediately upon its passage andj publication according tol Iaw.    READ, CONSIDERED, PASSED AND APPROVED at a regular meeting oft the City Council of Whiteville, North Carolina, at which a quorum was present and which was held ont the 26" day  ofs September, 2023. Votes: For 1 Votes: Against D  CITY OF WHITEVILLE  BY: E Terry L Mann, Mayor  ATTEST: Bonnie  City  ER 1EF  APPROVED/ ASTOFORM: CarlionF. Williamson Williamson, Walton & ScolL! LLP Atiorcy: atLaw 136V Washington Strect Whiteville, NC28472 910-642-7151    Deleted portion shall be indicated by! bold-blackestrkethrethreugh-hghigh and inserted texti in (A) Outdoor advertising signs shall be permitted with a pecial use in B-3. 1-I and I-2 Zoning (C) An outdoor advertising sign may! bc illuminated. Mechanical. digital, clectronic, or (1) Copy or display area shall only! bes changed toi include any new or different copy, color, intensity or graphie representation, more than one time inal live sinute period in an cisht (2) Each allowed change of sign copy or display area shalll be completed by one continuous action or movement and the total duration of such action or movement shall not exceed five total (3) Sign(s) shall not imitate any traffic-control. sign or device or bel located or utilized in: any (D) An outdoor advertising sign shall not exceed 300 square fect in copy area, Outdoor advertising signs shall be permitted loi have two copys or display areas located on opposite sides and shall be calculated separately. Double facing and/or side by side ouidoor advertising signs (E) Where outdoor advertising signs are treestanding. uprights shall be spaced no more than 12 feet on centers. Ther minimum clear distance beiween the ground level and the bottom oft the (F) No outdoor advertising sign shall be located within 100 foct of any residential structure or zoning designation, or 501 feet from any permanent nonresidential structure, and all outdoor advertising signs shall be set back at least 20 feet from any right-of-way line or properly line. All outdoor advertising signs shall be 501 feet from a right-of-way intersection. (G) No outdoor advertising sign shall exceed 50 fect in height measured from the finished grade of the lot to the top oft the sign structure. Roof top outdoor advertising signs shall not excced 501 feet in height measured from thet finished grades of the Jot lot the top of thes sign (H) The minimum distance between outdoor advertising signs shall be: 500 feet. (I) The backs ofall outdoor advertising signs (except double facing signs) shall be painted in aneutral color tol blend with the surrounding area and to prevent the reflection of car lighis and  bold) hiphliphtunderline  S 155.141 OUTDOOR ADVERTISING SIGNS.  Districts,  (B) Each outdoor adverlising sign shall require aj permit, flashing components shall comply with the following regulations:  secoad period. and continuous seconds.  manner which may confuse or distract the motoring public, (4) Video display and audio speakers are not permilted,  are not permitted, trim: shalll be ten feet.  structure.  sunlight.    (J) The immediate premises of any: approved outdoor advertising sign permitted after. June 12, 2018 shall be landscaped and kept frce from debris or undergrowth. A landscape plan must be submitted ands shall consist of ground cover. shrubs, trees, or other permanent vegetation that (2009 Code, $ 155.154)(Ord. passed 10-27-1992: Ord. passed 10-26-2004; Ord. 2018-Z-4, (2009 Code, 8 154.60) (Ord. passed 5-1-1972: Ord, passed 9-12-1995) Penalty, see 8 10.99  will effectively scrcen the sign's sb base, passed 6-12-2018; Ord. 2021-Z-19, passed 6-22-2021)    ORDINANCE NO. 2023-0-93 P&Z#23-09-01 TEXT AMENDMENT  CITY OF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE ADDING AND AMENDING CHAPTER 155, SECTION(S) $155.080, DEVELOPMENT STANDARDS, TO' TITLE. XVI LAND USAGE OF THE WHITEVILLE WHEREAS, the City of Whiteville is authorized to establish ordinances and regulations relating tot the general welfare oft the community: andj proper land use and: zoning practices; and WHEREAS, the Staff oft the City of Whiteville feel that the following additions willl better serve WHEREAS, the City of Whiteville Planning and Zoning Board, having held aj public hearing on September 11", 2023 finds the amendments tol be consistent with the City of Whiteville's Land Usel Plan and recommends amending the Code ofOrdinances; and WHEREAS, the City of Whiteville City Council, having published notice on September 14", 2023 and September 215, 2023, helda aj public hearing on September 26", NOW THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION! I. The Code of Ordinances, TITLE: XV, by the amendment of Chapter 155, Section(s) $155.041, Outdoor Advertising Signs. Deleted portion shall bei indicated by! bole XX--h-nee andi inserted text inj bold black underline highlight. SECTION II. CONSISTENCY. The provisions of this Ordinance are found to be consistent SECTION III. CODIFICATION. Thej provisions oft this Ordinance shall bej published as appropriate in the' Whiteville Code of Ordinances as soon as practicable. SECTION IV. SEVERABILITY CLAUSE. Ifany section, part of provision oft this Ordinance is declared unconstitutional ori invalid by a court of competent jurisdiction, theni iti is expressly provided andi iti is thei intention oft the City Council inj passing this Ordinancet thati its parts shall bes severable and all other parts oft this Ordinance shall not be affected thereby and they shall SECTION V. PUBLICATION. ANDI EFFECTIVE DATE. This Ordinance shall take effect  CODE OF ORDINANCES BY TEXT AMENDMENT  the community and) land use goals oft the City; and  WHITEVILLE, NORTH CAROLINA, THAT:  with the City of Whiteville'sl Land Use Plan.  remain inf full force and effect.  immediately uponi its passage and publication according tol law.    READ, CONSIDERED, PASSED AND APPROVED: at a regular meeting of the City Council of Whiteville, North Carolina, at whicha a quorum' was present and which was held on the 26" day  ofSeptember, 2023. Votes: For 7 Votes: Against D  CITY OF WHITEVILLE  BY: nzth TerryL.Mann, Mayor  ATTEST: BYC Bonnie T.  City  hutles  APPROVED/ AST TOF FORM: CarltonF. Williamson Williamson, Wallon & Scoltl LLP Altomey atLaw 136 Washington Street Whiteville, NC28472 910-642-7151    Deleted portion shall bei indicated by! X and inserted text in The following standards correspond to the footnote letters in 81 155.067 Table of) Regulations (A) Ireither public water or sewer is available: 15,000 square feet. (B) Side yard provided but not required, Where any side yard is provided, though not requsred, the same shall be not less than three and one-l half feet. (I) Corner lots. Relative toi a comer lot, a side yard seiback consisting of onc-half oft the distance of the required front yard setback up to a maximum of201 feet shall be maintained beiween the prospective building andt the: side street, This requirement shall not be applied so as tos reduce the building width ofar residentially: zoned corner lot of record at the time of passage of this chapter tol less than 30 feet, nor to prohibit the erection of any accessory building where this requirement cannot) reasonably be complied with as determined by the Board of Adjusiment. (2) Miscellancons esceptions, Steps, fire escapes, stairways, baiconies and chimneys only project into a minimum yard not more than four feet as measured from the adjoining exterior wall, and an unenclosed porch may project into the equired front or rear yard not more than ten (3) Feauures, Sills, cornices, buttresses, omamental fealures and similar items may project (4) Carports. Carports open on three sides may encroach on: ai side yard to a distance of not less than five feet firom a side lot line, except on the street side yard ofas corner lot where the setback shall be onc-half of the distance of the required front yard setback up to a maximum of 201 feet. Storage areas mayl be constructed across the rear ofas carport open on threes sides that encroaches on: a side yard. provided the storage area shall not contain more than 72 square feet nor constitute more than 18% of the arca contained in the carport, whichever is less, (5) Accessory huildings, Detached garages and accessory buildings to residential uses may be constructed in the rear yard provided they: are located no closer than five feet, zero inches to any adjoining lot line, except on the street side yard ofa comer lot where the setback shall be one-i half of the distance oft the required front yard setback up to: a maximum of 20 feet, (6) Front yard sethucks, fory prior lois of record. Ifas vacant lot is adjacent to: a lot where an existing dwelling is1 located which is constructed less than the required minimum front yard setback, the required minimum front yard seiback for the vacant lot shall not be less than the existing front yard setback for the adjacent dielling, In cases where existing dwellings are located onl both: sides of the Vacant lot, and cach is constructed less than the required minimum front yards setback, the required minimum firont yard sethack for the vacant lot shall not be) less (C) Minimum required additional side yard for cach additional dwelling unit ine excess of two  bold highlichtunderline $ 155.080 DEVELOPMENT STANDARDS. for Development Standards.  feet.  intoarequired: yard not more than. 30 inches,  than the average oft the two existing dwellings. in the principal structure.    (D) Church spires, flagpoles, antennas, (not toi include satellite dish) chimneys and similar (E) This front yard shall bec developed for jdewalks, grass and plants and the necessary (F). No side yards are required except on lots that are adjacent to residential zoned lots. These lots shall have a minimum of side yard often feet. In cases where: a side yard, not required, is (G) Abutting residontial zones tos commercial or industrial uses must maintain a visual buffer. The buffer shall be a compact evergreen hedge or other type of evergreen foliage, OF shalll hea combined fence and shrubbery screen, the former facing thei residential use, It must bea minimum of six feet inl height. Where a vegetative buffer is provided. the buffer shall hea minimum width of three foet. All buffers should bes six inchos offoft the property line. (I) Fences andi walls. Fences not exceeding a height of four fcet shall be exempt firom the yard and building sethack line requirements oft this chapter. Fences not exceeding: a height ofsix feet tol be erected only in side or rear yards shall be exempt from the yard and building setback line requirements of this chapter, provided that no fence exceeding al height of four feet will be constructed within 15 fcet to any street. In: all cases, the corner visibility provisions oft this (2) Open, fence. Only contorming industrial and business land uses (with the exception of an 0&1Zone) may haveas solid or open fence or wall erected to a maximum height of ten feet, except as required by this chapter. And open fence or walli is one that has openings through which clear vision is possible from one: side to the other on al horizontal plane, and the openings occupy 50% or more of the: arca of: as and open fence or open wall shall maintain a setback at entrances and exits of thes site to provide an adequate sight distance easement as determined by the establishment of an isosceles triangle having legs of35 feet ini length on each corner sides ofthe entrance or exit, and the same sight distance eascment shall be applied to the corner of nonresidential lots which are characterized by a street itersection. (H) Off-strect parking for all zones shall be provided according tot the provisions set forth in SS 155.110 through, 155.113.- Parking not required in B-l District. (I) Cormercial Dclorment DI Revieutusir eyciopment sn City maintained Streets or streeis historicalls used for residentinl traffic shuall he constructed to NCDOT commercial drivewas and Mireet andards unce a properis is devetoped for olfice and institutional, commercial, or industrinl uses at thes expense of the developer The affected arca shall he aLihe diseretion of the Plannins Dircctor DE the Technical Review Commitiee  accessories to! buildings are exempt,  driveways. Of-strect parking shall not bep permitted int this area, provided. its shall be at least five feet in width.  chapter shall be observed,  (TRC    RESOLUTION NO. 2023-R-159  TOAPPROVE UPDATED WATER: SYSTEM ASSET MANAGEMENT PLAN  WHEREAS: The City of Whiteville has developed a water system in and around the City of WHEREAS: Said municipal water system is operated and maintained by the City of WHEREAS: The City of Whiteville recognizes the need for, and advantage of, maintaining WHEREAS: The City of Whiteville received an Asset Inventory and Assessment Grant from  Whiteville; and Whiteville; and  adequate short-term and long-term planning for capital improvements and asset the North Carolina Department of Environmental Quality to assist in planning for  management for the water system; and  capital improvements and assetr management; and  WHEREAS: Said water system asset management plan has been updated. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Whiteville that the Updated: 2023 Water System Asset Management Plan ist hereby approved; and BE IT FURTHER RESOLVED that the City Council authorizes staff to update the plan as new  information becomes available. Adopted this 26th day of September, 2023 ATTEST: CBMA Milhep Bonnie Williams, City Clerk City of Whiteville  Tles Terry! Mann, Mayor City of Whiteville  IITEVII OE 1833    ASSET MANAGEMENTPIAN 7.1 Capitall Improvement Projects  Cnyo OFI WHITEVILLE  As detailed in the sewer system asset inventory, the City has numerous: assets still in service that have aged well beyond their useful life. Left unaddressed, these represent a significant, ongoing liability for the City, both financially and operationally. Such liabilities are represented by recent gravity sewer collapses along S. Canal St. and the Griffin Branch outfall. The Cityi ist tob be commended for beginning to aggressively address these assets. However, manyo oft these assets! have reached they pointi int theirs service Tables 7.11 through7.4containi informationonc capitalimprovement; projects neededi fort thes sewers system. Allo oft the City's sewer capital projects include either 1)r rehab/replace ana asset operating well beyond its useful life, or 2) scheduled replacement of an asset based on its useful life. Capital projects can also include those that 1) create a new asset that previously did not exist, or 2) rehab/upgrade andi improve the capacity of ane existing asset. These projects can result from natural asset deterioration, improper preventive maintenance, growth int the system, or changed environmental needs. Pleaser note that any asset that has aged beyond its estimated usefull lifei is designated a capital need for the FY2 21/22 capital improvement year. Based ont the high proportion ofa assets operating beyond their usefull life, itis recommended that the City conduct additional assessments ofs sewer assets identified: as critical to the system's overall performance (High-risk Assets). Some assessments, particularly manhole inspections, were completed as part of the 2018-19 inventory and assessment. Additional video- inspections of the collection system focusing on claya and concrete lines should be a high priority. Such assessments are helpful in determining prioritization ofr need. For this purpose, the Capital Improvement Plani is dividedi into ana assessment lista and al list ofa actual needed physicali improvements. Itis recommended assessments be complete first. This will provide the City further, in-depth knowledge of the asset condition and information on whether the asset can be rehabilitated to Total capital investment needs for the 10-year CIP period is $41,861,103. A specific listing of capital projects is provided in the following tables. Table 7.1 details the total annual costs for the first five (5)  lives where they need tot be replaced.  extend useful life, rather than! be replaced.  years of capital needs. 2023/24  Table7 7.1-Five (5)-year Capitall Improvement Needs  2024/25  2025/26  2026/27 $10,000  2027/28 $889,800 $41,861,103.00  Total  $31,015,823 $4,627,763 $5,317,717  With regard to the FY 21/22 capital needs costs; this amount largely represents the cost of rehabitating/replacing the City's entire inventory of concrete/clay gravity sewers. These assets, as detailed in Table 2.2, comprise 84% of the City's collection line inventory. As the asset inventory and assessment has shown, these assets are operating welll beyond their usefull life expectancy (40y years). To address sucha assets, the CIPO can! be useda asaf flexible planningt toolt tof finance ands schedule capital projects. The City is not required to expend the listed amounts in a given fiscal year. If the City so desires, expenditures can be scheduled over the 10-year planning period. Further, capital projects do not necessarily need to! bet funded: solelyf from revenues generated! by rates and fees. Funding from state and federal agencies, such as NCDWI, EPA, or USDA, can also supplement local funding, whicht the City has pursued. To date, the City has secured $8,505,236 inf federal/state funding to replace the Mollies Branch outfall to Lift Station (IS) #1, replace LS #1 and #8, and replace a significant percentage of the City's  concrete outfall pipe inventory.  2.0  ENGINEERING! SERVICES, PA    Cmyo OFV WHITEVILLE  ASSET MANAGEMENT! PIAN  Public Work staff is knowledgeable of assets that require rehabilitated. The City has purchased and installed asset management software that can provide task-calendar reminders, alerting staff when an asset's condition begins to decline based on usefull life recommendations. The CUPPS Check-up Reports used to develop this AMP also provided recommendations (repair, replace, rehabilitate) on how to address asset deficiencies. However, fora anyr recommendationsi made, Citya and Public) Works staff willa also Table 7.2 lists assessments that should be conducted on assets that have been identified as needing replacement ors significant repair. The costs showni int this table are not reflectedi in1 Table 7.1or7.3.  rely onp professional guidance provided byt the City's consultinge engineer.  Table7.2-Sewer: System 10-year Capital Improvement Projects (Assessments)  Assessments Capital Improvement Project Assess clay gravity! lines for replacement Assess concrete gravity lines for rehab/replacement Assessl LS#1 &a associated components for rehab/replacement Assess LS# #28 & associated components for rehab/replacement Assess LS#38 & associated components for rehab/replacement Assess LS #48 & associated components for rehab/replacement Assess LS# #58 & associated components for rehab/replacement Assess LS#6 &a associated components for rehab/replacement Assess LS#78 & associated components for renab/replacement Assess LS #88 & associated components for rehab/replacement rehab/replacement rehab/replacement Assess chlorine contacte equipment for rehab/replacement Total  Total Cost Type Project Type $50,000 Support of Preventive Maintenance $12,500 Support of Preventive Maintenance $3,000 Support of Preventive Maintenance $3,000 Support of Preventivel Maintenance $3,000 Support ofF Preventivel Maintenance $3,000 Support ofP Preventive Maintenance $3,000 Support ofF Preventivel Maintenance $3,000 Support ofP Preventivel Maintenance $3,000 Support of Preventive Maintenance $3,000 Support of Preventive! Maintenance  Yeart to Conduct 2024 2024 2024 2024 2024 2024 2024 2024. 2024 2024 2024 2024 2024 2024 risk  Assess Bolton LS#18 & associated components for $3,000 Support of Preventive Maintenance Assess Bolton LSA #2&a associated components for $3,000 Support of Preventive Maintenance Assess aeration basins DOp probes for replacement $500 Support ofF Preventive Maintenance Tables7 7.3 and 7.4i include all collection: system/WWTP capital needs overt the 10-year planning period (FY 2023/24t to: 2032/33). Projects are color-coded denoting high (re ), medium (yellow), andl low( assets. Most collection system projects are related to ehaibliation/ephacment of assets operating beyond their useful life. Conversely, most WWTP projects are related tor replacement of assets, such as pumps andi motors, considered: scheduled maintenance! based oni industry standard life expectancies.  $750 Support of Preventive Maintenance  $93,750.00  ENGINEERING: SERVICES, PA                        RESOLUTION NO.: 2023-R-160  AUTHORIZING RESOLUTION BY THE GOVERNING BODY OF1 THE CITY OF WHITEVILLE WHEREAS, The City of Whiteville has need for and intends to construct, plan for, or conduct as study ina collection system project described: ast the Phase 1 Water Improvements, and WHEREAS, The City of Whiteville intends to request State loan and/or grant assistance for the NOW1 THEREFORE BEITH RESOLVED, BY1 THE CITY COUNCIL OF1 THE CITV OFI WHITEVILLE:  PHASE1 WATER IMPROVEMENTS  project,  That City of Whiteville, the Applicant, willa arrange financing fora allr remaining costs oft the That the Applicant will provide for efficient operation and maintenance oft the project on That the Applicant willa adopta and placei into effect on orb before completion oft the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration of the system and the That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the City of Whiteville tor make scheduledi repayment oft thel loan, to withhold from the City of Whiteville: any State funds that would otherwise be distributed tot the localg government uniti in an amount sufficient top pay alls sums then due: and payable tot the State asar repayment oft the loan. That, if applying for a regional project, the Applicant will partner and work with other units of local government or utilities in conducting the project, including (This is not a That Darren Currie, City Manager, the Authorized Official, and successors so titled, is hereby authorized toe execute andf file an application on behalf oft the Applicant with the State of North Carolina for a loan and/or grant to aid int the study of or construction of That the Authorized Official, and successors so titied, is hereby authorized: and directed to furnish such information as the appropriate State agency may request in connection withs such application ort the project: tor make the assurances: as contained: above; and to execute such other documents as may ber requiredi inc connection with the application. Thatt the Applicant has substantially complied or will substantially complyv witha allF Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federala and State grants andl loans pertaining thereto. Adopted this the 26th day of September 2023 at Whiteville, North Carolina.  project, ifapprovedf for a Statel loan and/or grant award. completion ofc constructiont thereof.  repayment ofa allp principal andi interest ont the debt.  regional project)  thep project described: above.  IITEVT  Terry Mann Mayor  lb  1833    CERTIFICATION BYF RECORDING OFFICER  The undersigned duly qualified anda acting City Clerk ofthe City ofWhiteville does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting oft the City Council dulyl held ont the 26th day ofs September 2023 and, further, that suchr resolution! has beent fully recorded int thej journal ofp proceedings and recordsi inr my office. IN WITNESS WHEREOF, have hereunto  set my hand this 26th day ofs September 2023. bahils  Bonnie City Clerk    RESOLUTION NO.2 2023-R-158  TO APPROVE UPDATED: SEWER SYSTEM ASSET MANAGEMENTI PLAN  WHEREAS: The City of Whiteville has developed a Sewer system in and around the City of WHEREAS: Said municipal Sewer system is operated and maintained by the City of WHEREAS: The City of Whiteville recognizes the need for, and advantage of, maintaining WHEREAS: The City of Whiteville received an Asset Inventory and Assessment Grant from  Whiteville; and Whiteville; and  adequate short-term and long-term planning for capital improvements and asset the North Carolina Department of Environmental Quality to assist in planning for  management for the Sewer system; and  capital improvements and asset management; and  WHEREAS: Said Sewer: system asset management plan has been updated. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Whiteville that the Updated 2023 Sewer System Asset Management Plan isl hereby approved; and BE I FURTHER RESOLVED that the City Council authorizes staff to update the plan as new  information becomes available. Adopted this 26th day of September, 2023  Terry! Mann, Mayor City ofv Whiteville  a  Bonniè RR Williams, City City of Whiteville  Clerk  83    RESOLUTION NO.: 2023-R-161  AUTHORIZING RESOLUTIONI BV1 THE GOVERNING BODY OF1 THE CITY OFI WHITEVILLE WHEREAS, The City of Whiteville has need for and intends to construct, plan for, or conduct a WHEREAS, The City of Whiteville intends to request State loan and/or grant assistance for the NOW THEREFORE BEI IT RESOLVED, BY THE CITY COUNCIL OF1 THE CITY OF WHITEVILLE:  PHASE: 3SEWER IMPROVEMENTS  studyi ina a collection system project described ast the Phase 3Sewer Improvements, and  project,  That City of Whiteville, the Applicant, will arrange financing for all remaining costs of That the Applicant will provide for efficient operation and maintenance oft the project That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration oft the system That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure oft the City of Whiteville tor make scheduled repayment of the loan, to withhold from the City of Whiteville any State funds that would otherwise be distributed to the local government unit in an amount sufficient top pay alls sums then due andp payable tot the State asar repayment oft the loan. That, if applying for a regional project, the Applicant will partner and work with other units of local government or utilities in conducting the project, including (This is not a That Darren Currie, City Manager, the Authorized Official, and successors so titled, is hereby authorizedi toe execute and file an application on! behalf oft the Applicant with the State of! North Carolina for a loan and/or grant to aid in the study of or construction of That the Authorized Official, and successors sot titled, ish hereby authorized and directed to furnish suchi information ast the appropriate State agency may request in connection with sucha application ort the project: tor make the assurances as contained: above; and to execute: such other documents asr may be required inc connection with the application. That the Applicant has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and Stateg grants and! loans pertaining thereto. Adopted this the: 26th day of September 2023 atl Whiteville, North Carolina.  the project, ifa approvedf for a Statel loan and/or grant award. on completion of construction thereof.  and the repayment ofa allp principal andi interest ont the debt.  regional project) the project described: above.  Mann Terry Mayor  yillan   1833    CERTIFICATIONI BY RECORDING OFFICER  The undersigned duly qualified and acting City Clerk oft the City of Whiteville does hereby certify: That the above/attached resolution isa a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted ata a legally convened meeting oft the City Council duly held on the 26th day of September 2023 and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, have  hereunto set my hand this 26th dayo of September. 2023. EN  City Clerk    STATE OFI NORTH CAROLINA NORTH CAROLINAI LAND AND WATERI FUND (FLOODI RISK REDUCTION- - GOVERNMENT)  GRANT CONTRACT-RESTORATON OFI DEGRADED: STREAMS OR OTHER WATERS  NCLWFI PROJECT: GRANTOR:  2022-FRR61 Whiteville- Whiteville Stormwater North Carolina Land and Water Fund "NCLWF"),a division ofthel Department ofNatural and Cultural Resources ("DNCR"), actingt through its Board of Trustees solelyi ini its official capacity pursuant to Part 41, Article2 2, Chapter 143B oft the North Carolina General Statutes ("N.C.G.S.") Steve Bevington North Carolinal Land and Water Fund 1651 Mail Service Center Raleigh, NC27699-1651 Phone: (919) 707-9478 Email: sevekevingen@nadergoy City of Whiteville, al North Carolina Local Government Unit ("Grant Recipient")  Park  Grantor Contract Administrator:  GRANTRECIPIENT  Grant Recipient) Federall L.D. Number: 56-6001372 Grant Recipient Fiscal Yearl End] Date: Grant Recipient Contract Administrator: RobertLewis  City ofWhiteville Phone: 252)393-8185x102 Email: reis@siwhevileneus  GRANT AWARDI DATE: February: 28, 2023 ("Award Date") CONTRACTI EFFECTIVE DATE: CONSTRUCTION CONTRACT DATE: February 28, 2024 CONTRACTI EXPIRATION. DATE:  ("Effective Date") ("Expiration. Date")  DEADLINE! FOR RECEIPT! BYI NCLWF OF) REIMBURSEMENTPAYMENT REQUESTS:  ("Reimbursement Date")  GRANT AMOUNT: upt to $628,786( ("Grant") COMPANY:4602 ACCOUNT:536403 CENTER: 2002  City of Whiteville (NCLWF 2022-FRR61 Whiteville Stormwater Park)  Pagelof25    THIS GRANT CONTRACT ("Grant Contract") is made and entered into as of the Effective Date by and between the NCLWF and the Grant Recipient. Thel NCLWF and the Grant Recipient may hereinafter be referred toi individually asa' "Party" or collectively ast the* "Parties." WHEREAS, thel NCLWF was established by N.C.G.S. Chapter 143B, Article 2, Part 41 asas special revenue fund to be administered by the North Carolina Department of Natural and Cultural Resources ("NCDNCR"). The NCLWF receives revenue from the following sources and may receive revenue from other sources: (1) annual appropriations, (2) special registration plates under G.S. 20-81.12, (3) other special registration plates under G.S. 20-79.7, and (4) hazard mitigation funds from thel Federal Emergency Management Agency and other agencies; and WHEREAS, the NCLWF is authorized by N.C.G.S. Chapter 143B, Article 2, Part 41 to use the revenue int thel NCLWF for any of the following purposes: (1) to acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and urban drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses; (2) to acquire conservation easements or other interests in real property for the purpose of protecting and conserving surface waters and drinking water supplies; (3)toc coordinate with other publicy programs involvedy with lands adjoining water bodiest tog gaint the most public benefit while protecting and improving water quality; (4) to restore previously degraded lands to reestablish their ability to protect water quality; (5) to facilitate planning that targets reductions in surface water pollution; (6) to finance innovative efforts, including pilot projects, to improve stormwater management, tor reduce pollutants entering the State's waterways, toir improve water quality, andt tor research alternative: solutions tot the State'sv water quality problems; (7) to prevent encroachment, provide buffers, and to preserve natural habitats around military installations orr militaryt training areas, or for Stater matchingf fundso ofFederal initiatives that provide funds to prevent encroachment, provide buffers, and preserve natural habitats around military installations orr military training areas; (8)t to acquire land thati represents the ecological diversity of North Carolina, including natural features such asi riverine, montane, coastal, and geologic systems and other natural areas to ensure their preservation and conservation for recreational, scientific, educational, cultural, and aesthetic purposes; (9)toa acquire! land that contributes tot the development ofal balanced State program of! historic properties; (12)a and to restore floodplains and wetlands for the purpose of storing water, reducing flooding, improving water quality, providing wildlife and aquatic habitat, and providing recreational opportunities. (Note that numerals (10) and (11) have been omittedi intentionally as they were repealed by statute. See N.C.G.S. $143B-135.234); and WHEREAS, Session Law 2021-180 appropriated $15,000,000 to the NCLWF and directed thel Division ofLand and' Water Stewardship to uset the funds top provide grantst to counties, municipalities, nonprofit corporations, and other State agencies for projects addressing the WHEREAS, the! NCLWF uses the revenue int thel NCLWFt toa awardg grantst toe eligible grant WHEREAS, the Grant Recipient is and eligible applicant as defined inl N.C.G.S. $143B- WHEREAS, the Grant Recipient has submitted tot the NCLWF an application requesting a grant off funds (the "Grant Application") for an authorized) NCLWF purpose; and  WITNESSETHE  purposes specified in N.C.G.S. $143B-135.2340X12;: and recipients inc order to fulfill its mission, goals and purpose; and  135.238(a); and  City of Whiteville (NCLWF 2022-FRR61 Whiteville: Stormwater Park)  Page 2of25    WHEREAS, the NCLWF approved the Grant Application at its meeting on the Award Date andl has agreed to1 make the Grant tot the Grant Recipient pursuant tot thet terms and conditions WHEREAS, thel Parties desiret toe enteri into this Grant Contract and intendt to be bound by NOW,THEREFORE, for andi inc consideration oft the Grant, thet mutual promises eacht to the other made, ando other good and valuable consideration, the receipt and sufficiency ofv whichi is Grant Contract) Documents. This Grant Contract consists of, and only of, the documents listed below. In the case of conflict, specific and special terms, conditions, and requirements shall control over general terms, conditions, and requirements. The Grant Contract isi not al binding agreement on alll Parties until (1) alll Parties have executed this Grant Contract and all Exhibits that require execution, and (2) the funds for the Grant contemplated herein have been encumbered by the NCDNCR. This Grant Contract iss subject to allocation and appropriation of funds to the NCDNCR for the purposes set forth in the contract. This Grant Contract constitutes the entire contract between the Parties, superseding all prior oral and written  set forthi int this Grant Contract; and  its terms.  hereby acknowledged, the Parties mutually agreea asf follows:  statements or contracts. The Grant Contract! Documents consist of. (a) This Grant Contract (b) Exhibit A-1 Project Description (c) Exhibit B- Project Budget (d) Exhibit C-) Pre-Disbursement Checklist (e) Exhibit) D - Does not apply (government) (f) Exhibit) E- General Terms and Conditions  2. Grant Recipient's) Duties. The Grant Recipient agrees to conduct the project approved byt the NCLWF for the purposes ofa and according tot thel Project Description in] Exhibit A( ("Project"), pursuant tot thel Budgets set forth int the: attached! Exhibit B, in accordance with thet terms oft this Grant Contract, ina accordance witha any other applicable State statute orr rule, and ina accordance 3. NCLWF's) Duties. Subject tot the adherence tot the requirements for disbursement, and subject tot the appropriation, allocation, and availability to the NCLWF ofGrant funds for thel Project, thel NCLWF hereby agrees to pay the Grant funds to the Grant Recipient in accordance with Contract Period. Iti is the responsibility of the Grant Recipient to ensure that the Project is completed by the Expiration Date and that all costs tol be reimbursed have been submitted to the! NCLWFb by the Reimbursement, Date.. After thel Expiration! Date, any Grant funds remaining under this Grant Contract will no longer be available to the Grant Recipient except to pay proper invoices for budgeted costs incurred by the Expiration Date and that are submitted to thel NCLWF no later than the Reimbursement Date. The NCLWF's commitment to disburse Grantf funds under this Grant Contract shall cease ont thel Reimbursement Date. The Grant Recipient is solely responsible for requesting an extension oft the Grant Contract if the Grant Recipient anticipates that the Project will not be completed by the Expiration Date. The request for an extension must give complete details of the reasons why an extension is needed, propose a new expiration date for the Grant Contract, and be submitted via the NCLWF's online grants management system. This request must bes submitted to and received  with the requirements oft thel NCLWF.  thel Disbursement of Grant Fund Procedures set forth herein.  City of Whiteville (NCLWF: 2022-FRR61 Whiteville Stormwater Park)  Page3of25    byt thel NCLWF atl least sixty (60) days priort tot the! Expiration! Date. Approval of any requested extension is at the sole discretion of the NCLWF. The approval or denial of the requested extension will be based upon Project performance, among other factors. The NCLWF is not obligated tos send reminders or other notification ofa ana approaching Expiration Date.  Disbursement of Grant) Fund) Procedures.  Prior tot the disbursement of any Grant funds under this Grant Contract, the Grant Recipient shall deliver to the NCLWF all of the documentation described in Grant funds will not be disbursed during the first week of January, the last three (3) weeks of June, the first week of. July, ort the last two (2) weeks of December. In addition, the State does not process payments ont the last business day of any Thel NCLWF only agrees to pay or reimburse the Grant Recipient for reasonable costs actually incurred by the Grant Recipient that do not exceed the Grant funds The Grant Recipient may seek reimbursement: for allowable Project costs incurred after the Award Date notwithstanding the fact that those costs may have been incurred priort to the Effective Date. The Grant Recipient may not ber reimbursed for Project costs incurred prior to the Award Date; however, the Grant Recipient may use such costs toward match requirement if the costs were approved by the NCLWF's] Board of1 Trustees ont the. Award Date as shown onl Exhibit B. Proportionate Spending of Matching Funds. The NCLWF encourages a commitment of matching fundst tob bec contributed tot thel Project from non-NCLWF sources. Information on the commitment of matching contribution is part of the Grant Application submitted by Grant Recipient. Matching contribution valuei is then calculated as a percentage of the total project cost and is considered by the NCLWF as a match percentage when awarding Grants. Once an award is made, the matching percentage isi incorporated into the Budget onl Exhibit B. As funds arer requested from the! NCLWF, the Grant Recipient must provide documentation, sufficient to thel NCLWF, showing how ay proportionate expenditure ofi match will occur. The NCLWF will not make a disbursement of funds if the matching percentage falls below the original commitment of matching funds onl Exhibit) B. Requests for Payment. Thel NCLWF will not disburse Grant funds until receipt by the NCLWF's Contract Administrator of the Grant Recipient's requests for payment. Payment requests shall conform tot thei following: Payment requests shall be accompanied by appropriate itemized documentation supporting all expenses claimed and clearly identifying each expenditure for which payment is requested. Supporting documentation must be organized in a manner that clearly relates expenditures in the supporting documentation to the line items on the payment request form. Any request. for payment that does not clearly identify each expenditure or does not relate each expenditure to the line items on the payment request form will not be processed and. will be returned tot the Grant Recipient for correction and resubmittal.  Exhibits Ca and D, as applicable.  month.  budgeted for thel Project ass shown inl Exhibit) B.  City of Whiteville (NCLWF: 2022-FRR61 Whiteville Stormwater Park)  Page 4of25    ii. Payments requestss shalli identify any salest tax for whichr reimbursement. has been or will bec obtained from thel North Carolina Department of Revenue ("NCDOR"). Thel NCLWF willr notr reimburse the Grant Recipientf for such iii. Each payment request shall include a completed claimf form and progress reports submitted using the onlineg grantsr management system. Thep progress report shall describe work accomplished on the Project and progress toward completing thel Project Scope of Work in) Exhibit A. Alternate Disbursement of Grant Funds. The NCLWF may, upon request byt the Grant Recipient, disburse Grant funds prior to the Grant Recipient's actual payment to its vendors ifs such expenditures are documented by vendors' third- party invoices. In order for the NCLWF to disburse Grant funds to the Grant Recipient based on unpaid third-party invoices, the Grant Recipient must submit The Grant Recipient shall acknowledge on the claim form that the claim contains unpaide expensest tot third-party vendors. The Grant) Recipient shall aiso acknowledge thati its shall comply with allt terms ofthis Grant Contract ini incurring thee expense, has reviewed and approved the unpaidt third-party invoice, and shallo certifyt tot thel NCLWF thatt the unpaidt third-party invoice will bey paid withint three (3) working days ofreceipt oft the disbursed Grant ii. Payment requests shall be accompanied by appropriate itemized documentation supporting all expenses claimed and clearly identifying each expenditure for which payment is requested. Supporting documentation must be organized in a manner that clearly relates expenditures in the supporting documentation to the line items on the payment request form. Any request for payment that does not clearly identify each expenditure or does not relate each expenditure tot the line items on the payment request form will not be processed and will be returned tot the Grant Recipient for correction and resubmittal. iii. Payment requests shall identify all amounts of sales tax for which the Grant Recipient and/or its vendors have or will obtain payment from the NCDOR. The NCLWF will not reimburse the Grant Recipient for such iv. Each payment request shall include a completed claim form and progress reports submitted usingt the online grants management system. The progress report shall describe work accomplished as well as progress toward completingt the Project Scope of Work in) Exhibit A. The Grant Recipient shall confirm in writing tot thel NCLWF within thirty (30) days oft the disbursement of Grant funds, via the appropriate form provided on the NCLWF's online grants management system, that the required payment has been made to the third party. h. Certification by Licensed Professional. At the option of the NCLWF, payments may be made only ont the certificate and seal ofa an appropriately qualified licensed  amounts.  the following documentation:  funds.  amounts.  City of Whiteville (NCLWF: 2022-FRR61 Whiteville Stormwater Park)  Page 5of25    professional (e.g., licensed Professional Engineer) that the work for which the payment is requested has been completed ina accordance with approved plans and specifications. An estimate by the construction contractor setting forthi items tot be paid out oft the proceeds ofe each such payment shall be attached to the certificate. The NCLWF, at its option, may further require a certificate from such appropriately qualified licensed professional that the portion of the Project completed as oft the date ofther request for payment has been completed according tos schedule and otherwise as approved by thel NCLWF and accordingt toa applicable standards and requirements. However, the NCLWF may, at its discretion, make payments without requiring such certificates or construction contractor's estimate, in which event the Grant Recipient shall furnish the NCLWF a list of and the amounts of items to be paid out of the payment, or such other evidence as the Payment Based on] Progress. The Grant] Recipient agreest top proceed with diligence to complete the Project according tot the schedule set out inl Exhibit. A and shall showa appropriate progress prior toe each payment by submitting: written report on the NCLWF's online grants management system. Payment may be withheld or delayed ift the Grant Recipient fails tor make progress ont the Projects satisfactory to the! NCLWF. Amounts withheld shalll be reimbursed" with subsequent payments in. the event that the Grant Recipient is able to demonstrate an ability to resume satisfactory progress toward completion oft thel Project. Proof of Payment. The Grant Recipient agrees to pay, as the work progresses, all bills for expenses incurred on the Project and agrees to submitt tot the NCLWF all such receipts, affidavits, canceled checks, or other evidence ofp payment as may. be requested from time tot time and, when andi ifrequested by thel NCLWF, to furnish adequate proof ofp payment of all debts incurred on thel Project. NCLWF Retaining Portion of Funds until Project Completion. Thel NCLWF will withhold payment from the Grant Recipienti int the amount ofs $50,000 oft the Grant untilt the Grantl Recipient has satisfactorily submittedi its grant contract final report. Costs of Project Administration. The NCLWF agrees to reimburse the Grant Recipient for administrative costs consisting only of costs of labor for administrative work conducted exclusively on this Project. The Grant Recipient's requests for such payments shall ber made under thel Project Administration! linei item Costs allowable under the Project Administration line item shall be only reasonable costs ofl labor needed to comply with the general conditions of the Grant Contract (e.g., progress reports, payment requests, preparing the grant contract final report, revisions to the Grant Contract). Allowable Project Administration labor costs may include any oft the following:  NCLWF may require.  of Exhibit) B and shall conform to the following:  compensation to the Grant Recipient's employees, plus the Grant Recipient's cost of paying benefits on such compensation (ie., employees" pay multiplied by an audited or auditable benefits multiplier); compensation to the Grant Recipient's independent contractors(e.g. temporary offices support), payable: att the  City of Whiteville (NCLWF: 2022-FRR61 Whiteville Stormwater Park)  Page6of25    Grant Recipient's actual cost, without application ofa benefits multiplier; and/or cost of professional services contracted by the Grant Recipient (e.g, engineering firm or consultant), payable att the Grant Recipient's actual cost.  ii. Costs ofa any other work described int thel Project Scope ofWorki in Exhibit Aa are not allowable under the Project Administration line item.  Grant Withdrawal for Failure tol Enter into a Construction Contract. Pursuant tol N.C.G.S. $143B-135.38(6), ifthe Project includes ac construction componentt tob be completed by a third party, this Grant award shall be withdrawn if the Grant Recipient fails to enter into a construction contract for the Project within one (1) year after the Award Date, unless the NCLWF's Board of Trustees finds that the Grant Recipient has good cause for the failure. If the Trustees find goodo cause for the Grant) Recipient'sf failure, the Trustees shall setar new date by which the Grant Recipient must take action, or the Grant Recipients shall be deemed tol have forfeited the Grant and thel NCLWFS shall be deemed tol have nof further obligations with regards 7. Reversion of Unexpended Grant Funds. Any unexpended Grant funds shall revert to the NCLWF on the Reimbursement Date or upon termination of this Grant Contract, whichever Reporting Requirements: Audit; Record Retention. The Grant Recipient must comply with all reporting requirements of N.C.G.S. $143C-6-21 through 143C-6-23, and Title 09, Subchapter 3M of thel North Carolina Administrative Code ("N.C.A.C."), and any revisions thereof. The Grant Recipient must also provide the required documentation as set forth in Exhibits Cand) D, ifa applicable. Alls such required reports shall bei filedi in: accordance with the applicable statutes and rules on the forms required by the Office of State Budget and Management ("OSBM") and the Office of the State Auditor ("OSA") and submitted to the The State Auditor and thel NCDNCR Internal Auditors shall have access top persons and records asa result of all contracts or grants entered into by State agencies or political subdivisions in accordance with N.C.G.S $. 147-64.7. Additionally, as the State funding authority, the NCDNCR shall have access to persons and records as ai result of all contracts org grants entered into by State agencies orp political subdivisions. This access includes but isr notl limited to:t ready access to persons and the ability to examine and copy all books, records, reports, vouchers, correspondence, files, personnel files, investments, and any other documentation of the Grant Recipient. The Grant Recipient shall retain complete accounting records, including original invoices, payrolls, Grant Contracts, working papers, or other documents clearly showing the nature of all costs incurred and expenditures made under this Grant Contract. The Grant Recipient agrees that thel NCLWF, NCDNCR and OSA have the right to audit the books and records oft the Grant Recipient pertaining to this Grant Contract both prior to Closing and for five (5), years after the completion or termination of this Grant Contract, or until all audit exceptions, ifany, have been resolved, or for sucha aj period oft time allowed by N.C.G.S. $147- Ift the Grant Recipient is a State agency, all records shall be retained in accordance with the records retention and disposition schedules issued by the Division of Archives and Records of NCDNCR. The records retention and disposition schedule applicable to the Grant Contract at  tot thel Project. occurs first.  NCLWF.  64.7, whicheveri is longer.  City of Whiteville (NCLWF2 2022-FRR61 Whiteville Stormwater Park)  Page7of25    the time of Effective Date requires that records be retained untilf five (5)years after submission of the final report or until such time as no audit or litigation is pending or reasonably anticipated, whichever is longer. All such records shall be made accessible to the NCLWF, The definitions set forth inl N.C.G.S. Chapter 143C: shall applyt tot this Grant Contract except as otherwise provided herein below. The definitions provided by 09N.C.A.C. 03M shall apply to this Grant Contract tot the extent they are not in conflict with N.C.G.S. Chapter 143C or this Grant Contract, In the event ofc conflict between or among definitions, N.C.G.S. Chapter 143C shall control over 091 N.C.A.C. 03M, and this Grant Contract shall control over N.C.G.S.  NCDNCR, OSBM, and OSA uponr request.  Chapter 143C.  For purposes oft this Grant Contract, a' "Grantee," as defined inl N.C.G.S. $143C- 6-23,and" Recipient," as defined in 091 N.C.A.C. 03M. 0102 and applicablet to 09 N.C.A.C. 03M, shall also include the "Grant Recipient," and the term "Grantee" shall mean and refer to an entityt that is ther recipient ofa ani interest inr real property. For purposes of this Grant Contract, a "Subgrantee," as defined in N.C.G.S. $143C-6-23, and "Subrecipient," as defined in 09 N.C.A.C. 03M .0102 and applicable to 091 N.C.A.C.0 03M, shall ber referred to asa" "Sub-grant) Recipient." "State agency" shall mean a unit oft the executive, legislative, orj judicial branch of State government, such asa a department, institution, division, commission, board, council, or school within" The University ofNorth Carolina System. Thet term does not include a unit of local government or a public authority. For purposes oft this Grant Contract, both the North Carolina Department of Natural and Cultural Resources and thel North Carolinal Land and' Water Fund are State agencies. d. "Grant" and." "grant funds" as defined in! N.C.G.S. $143C-6-23 means State funds disbursed as a grant by a State agency; however, the terms do not include any payment madel by thel Medicaid program, the State Health Plan for Teachers' and State Employees, or other similar medical programs. For purposes of this Grant Contract, both' "grant" and' "grant funds" shall be referred to as the Grant that is provided tot the Grant Recipient toc carry out the objectives oft the Grant Contract. "Grantor" means an entity that provides resources, generally financial, to another entity in order to achieve a specified goal or objective. For purposes oft this Grant Contract, the Grantori is thel North Carolinal Land: and Water Fund.  9. Notice: Contract Administrators. All notices, requests, or other communications permitted or required to be made under this Grant Contract shall be directed to the respective Contract Administrator. Notices shall bei iny writing, signed byt thel Party giving such notice. Notices shall be deemed received three (3) business days following the date when deposited in the mail, postage prepaid, registered, or certified mail, return receipt requested, unless another form is 10. Signature Warranty, Eachi individual signing below warrants that he ors she is duly authorized to sign this Grant Contract for the respective Party and to bind said Party to the terms and  otherwise noted! herein. conditions oft this Grant Contract.  City of Whiteville (NCLWF 2022-FRR61 Whiteville Stormwater Park)  Page8of25    (Ther remainder oft this pagei isi intentionally left blank)  City of Whiteville (NCLWF2022-FRR61 Whiteville Stormwater Park)  Page9of25    IN WITNESS WHEREOF, the Grant Recipient and the NCLWF have agreed to conduct the execution ofthis Grant Contract bye electronic means.. Af final, signed version oft the document: shall bel kept on file by thel NCLWF. Ift there is any controversy ast tot the terms oft the final document, thet final signed version oft the document kept on file by thel NCLWF shall control.  GRANTI RECIPIENT: Government Unit By: Duy Name: Terryl L. Mann Title: Mayor Date: 9-26-2025  CITY OF WHITEVILLE, al North Carolina Local  Vda  GRANTOR:  NORTH CAROLINA: LAND. AND WATER: FUND  By:  Name: John B. Wilson, Jr. Title: Chairman, Board oft Trustees Date: By:  Name: William B. Summer Title: Executive Director Date:  City of Whiteville (NCLWF: 2022-FRR61 Whiteville Stormwater Park)  Page 10of25    EXHIBITA PROJECT! DESCRIPTION  Stream ofthel Project Site: Soules Swamp and Whitel Marsh int the Waccamaw River Basin  Watershed and River Basin: Lumber County: Columbus Amount Requested from] NCLWE: $1,025,600 NCLWF approved grant amount up to: $628,786 Total Matching Contributions: $20,000 Total Project Budget: $1,045,600 Percent Match: 2% Related NCLWF-funded) Projects: Grant Award] Date: February 28, 2023  Project Location: The project site is the former Lewis Smith Shopping Center, lies in the AE Flood Zone int the lower section of the Central Business District of Whiteville is generally paved or occupied by the commercial building. The City acquired thej property in2 2021 and will reclaim the property as park/open space. The project is located in a Tier 1 county, Columbus, and in Causes ofI Impairment: The City of Whiteville has experienced flooding in the central business district three times within 20 years, and city leadership expects more extreme precipitation and flood events to occur. Flood plain remediation of Soules Swamp and White Marsh will mitigate recovery costs from future flood events. The proposed project will remove approximately 5.88 acres ofi impervious surface in the flood plain and install a constructed wetland and bio-swales withint the development ofap park to enhance flood storage capacity. Thej project isl locatedi ina Tier Project Summary: The City of Whiteville proposes improvements tos stormwater facilities and to reduce flooding in six acres int the center town which has been mapped as a Special Flood Hazard Area. This work would include drainage improvements to Soules Swamp and' White Marsh, the removal ofi impervious surfaces and the design and implementation ofa constructed wetland. The Conservation Agreements Required: Whiteville intends tor rezone the Stormwater Park project parcel firom its current "Central Business District" designation to "Open Space" and has no  Opportunity Zone #37047930900.  lcounty, Columbus, and in Opportunity Zone #37047930900.  project would: store over 1.5 acre-feet ofs stormwater.  City of Whiteville (NCLWF 2022-FRR61 Whiteville Stormwater Park)  Page 11of25    commercial aspirations for the property and intends for it to be used for passive recreation and return ittoan natural resource. Whitevillei intendst tou utilize the Stormwater) Parkasareeratiou'open space facility inp perpetuity, which would be in alignment with the 2016 Land Use Plan regarding Natural Systems: Preserve sensitive environmental and natural resource lands, while establishing conservation areas through the dedication and expansion of public open space, greenways, and Land acquisition only: Formats for completing thel Property Description ont this Exhibit A. Use the Whiteville Township, Columbus County, North Carolina, containing 3.82 acres, more orl less, owned now or formerly by City of Whiteville, beingt that parcel ofl land identified in Columbus County tax Beinga approximately: 3.8a acres ofatract or parcel ofl land consisting of3.8a acres describedi inac deed from MOBAR, LLC to City of Whiteville dated August 27", 2021 and recorded in Deed Book 1266, Page 492 of the Columbus County Registry. Being all of Tracts A, B, and Ct totaling 3.82 acres, more or less, a shown ont that map of record entitled' "Map. ofa Surveyf for Commercel Realty, Inc., City of Whiteville' datedF February 20, 2020, and recorded inl Plat) Book 111 at) Page 78 int the Columbus County Register ofI Deeds. The Grant Recipient shall conduct and complete the activities listed below: 1. Complete engineering plans and specifications to complete the project. 2. Obtain applicable Federal and State permits for the construction oft the engineering 3. Construct the project per engineering designs and plans. 4. Obtain and record permanent conservation easements ont the relevant portions oft the Manage thel Project int total and reportt tot thel NCLWF. 1. The Grant Recipient shall provide or otherwise ensure that the matching funds identified in 2. Stream restoration, enhancement, stabilization, and nature-based: flood detention designs and their implementation must provide for permanently vegetated riparian buffers and permanent legal protection oft the riparian buffers ina accordance with the following: (a) Riparian buffer widths. areas. and vegetation. Except as otherwise provided in these Special Contract Conditions, riparian buffers must be vegetated with protected existing vegetation and/ort new planted vegetation established tob become permanent over the entire  parks.  Legal Description of! Property: one that best fits thel Property (or modify further): That parcel ofl land situated East of Madison St. (State Road  )and East of Soules Swamp in number  records  by the  parcel  identification  4943.  Scope of Work:  design. project properties. Special Grant Contract Conditions: Exhibit Ba are provided to the Project.  buffer area ina accordance with the following:  City of Whiteville (NCLWF: 2022-FRR61 Whiteville Stormwater Park)  Page 12of25    Widths and areas of riparian buffers. The widths and areas of vegetated riparian buffers are given below in the Schedule of Properties for Legal Protection of Schedule ofl Properties for Legal) Protection of Riparian Buffers  Riparian Buffers.  Stream Right Protected (feet)  Streaml Lef (feet) (acres)  Parcel  Tract. Property Owner No.  Identification Stream Protected Buffer Stream Protected Protected Number (PIN) Frontage Buffer Area Frontage Buffer Buffer  (LF) Width (acres) (LF) Width Area  Totals  Average protected buffer widths  li. Woody vegetation alongs stream banks. Alongr restored streambanks and protected existing streambanks, native woody vegetation must be protected ore established at adensity such that vegetation will reacha as survival rate ofat! least 320 trees per acre. Native woody vegetation must be protected or established from the top of each protected or restored streambank outward to widths of at least fifty (50) feet (b) Permanent legal protection of riparian buffers. Property on which vegetated riparian buffers are to be established must be protected permanently by legal instruments conformingt tol N.C.G.S. Chapter 121, Article4, and? N.C.G.S. Chapter 143B, Article2, Part 41 "Conservation: Agreements." Real properties oft thel Project Site and corresponding land areas to be permanently protected are given in the Schedule of Properties for Legal (c) "Stream enhancement" means the process of implementing certain stream rehabilitation practices in order to improve water quality and/or ecological function. These practices typically are conducted on the streambank or in the flood prone area. An enhancement procedure may include fencing cattle out ofas stream and reestablishingy vegetation inc order to provide streambank stability. These types of practices should be conducted only on a stream reach that isn note experiencing severe aggradation ore erosion. Enhancement: also may include placing in-stream habitat structures, provided that the in-stream structures dor not affect the overall dimension, pattern, or profile ofa stream that isi inc dynamic equilibrium. (d) "Stream restoration" means the process of converting an unstable, altered, or degraded stream corridor including adjacent riparian zone and flood prone areas, to its natural or referenced, stable conditions considering recent and future watershed conditions. This process also includes restoring the geomorphic dimension, pattern, and profile and biological and chemical integrity, including transport ofv water and sediment produced by thes stream's watershed inc order toa achieve dynamic equilibrium. (e) "Stream stabilization" means the in-place stabilization ofas severely eroding streambank.  perpendicular tot the streambank.  Protection of Riparian Buffers.  City of Whiteville (NCLWF 2022-FRR61 Whiteville! Stormwater Park)  Page 13 of25    Stabilization" techniques thati include' "soft" methods orr natural materials (sucha asr root wads, rock vanes, and vegetated crib walls) may be considered as part ofa a restoration design. However, stream stabilization techniques that rely! heavily on" "hard" engineering, such as concrete-lined channels, ripr rap, org gabions, tos stabilize streambanks will not bec considered f) "Nature-based flood detention" means the practice of using natural materials and/or engineered: solutions tor mimic natural proçesses or environments tot temporarily store floody waters inc order tor reduce peak flood discharge volume and maximum flood 3. The Grant Recipient shall engage the City of Whiteville ("Conservation Agreement Holder") top permanently restrict uses on each Property identifiedi int the Schedule ofP Properties for Legal (a) Properties owned by the Conservation Agreement) Holder. Permanent property restrictions needed toi implement the Projects shalll bei int thef form ofrecordedI Declarations ofCovenants of land-use restrictions that provide for the State of North Carolina to have rights of enforcement of the Declarations of Covenants. Declarations of Covenants shall be substantially ina a form of the document approved and signed as-to-form by the NCLWF. The Grant Recipient is responsible for accomplishing and completing the following for i. submit tot the NCLWFal Letter ofI Intent from the Conservation. Agreement Holder indicating its intent to enter into permanent land-use restrictions on Conservation Agreement Holder-owned properties identified in the Schedule of Properties for Legal Protection of Riparian Buffers to protect portions of properties needed to implement this Project. This letter shall describe the properties and the portions of the properties to be protected, shall state that the Conservation Agreement Holder intendst to enter intop permanent land-use restriction top protect land that isp part oft the Project Site, and shall be signed by the Conservation Agreement Holder. The NCLWF will approvet the Grant Recipient'sre requests for payment ofa any costs only ii. prepare and execute a Declaration of Covenants of land-use restrictions for each property and record each executed Declaration with the Register of Deeds int the iii.p provide a copy of each recorded Declaration to the NCLWF. The NCLWF will approve the Grant Recipient's requests for payment of any costs for construction (b) Properties not owned by the Conservation Agreement Holder. Permanent property restrictions needed toi implement the Project shall be in the form of recorded permanent Conservation Easements that provide for the State of! North Carolina to have third-party rights ofe enforcement oft the permanent Conservation, Easements. The Grant Recipient will engage the Conservation Agreement Holder to be the holder of Conservation Easements acquired for the Project and ensure that the Conservation Agreement Holderi is prepared tor monitor conditions ont the land addressed int the Conservation Agreements at least annually, inj perpetuity. The Grant Recipient shall provide to theN NCLWFal letter from the Conservation. Agreement Holders statingt thati ita accepts this role and associated responsibilities. The NCLWF will approve the Grant  tob bes stream restoration ors stream enhancement.  elevations downstream.  Protection ofl Riparian Buffers, as follows.  these properties:  after receiving such al letter; County in whicht thel Property is located; and only after receiving all reçorded Declarations.  accomplish and complete thef following for these properties:  City of Whiteville (NCLWF 2022-FRR61 Whiteville Stormwater Park)  Page 14of25    Recipient'sr requests for payment of any costs only after receiving such a letter. The Grant Recipient shall secure applicable Federal and State permits before the start of construction and submit copies oft the permits to thel NCLWF. The Grant Recipient shall also be responsible for seeking Environmental Review from the North Carolina Historic Preservation Office Environmental Review Branch. The NCLWF shall approve requests for payment of the Grant Recipient's construction costs only after receiving copies of applicable Ina accordance with' Water Quality Certification! No. 3885, before construction begins the Grant Recipient shall submit al Pre-Construction: Notification (PCN) form and three (3) copies ofthe Project plans and: specificationsi tot thel North Carolinal Division of Water) Resources (DWR)401 Certification Program for review. The Grant Recipient shall name thel NCLWF as the "agent" ont thel PCN form and shall send a copy oft the PCN form tot thel NCLWF: att the same timet the In conducting this Project, the Grant Recipient shall employ principles for restoring streams that have been established by thel DWR4 401 Certification. Program. The Grant Recipient shall work withs staff oft thel DWR 401 Certification Program toj provide al Project Design that, tot the extent practicable, re-establishes the structure, function, and self-sustaining behavior of the Project reach of stream to those that existed before the stream reach was disturbed. The NCLWF will release funds for reimbursing the Grant Recipient for construction only after receiving a letter from the DWR 401 Certification Program stating that either: (a) the Project design is capable of restoring the stream reach, or (b) if, in the opinion of the DWR 401 Certification Program, restoration of the full stream reach is not practicable but the Project Design is capable ofe enhancing portions oft the reacht that cannot ber restored. IfDWR does not provide sucha al letter withint thirty (30) days from receiving the PCN and Project Design (plans ands specifications) from the Grant Recipient, thel NCLWF will deem thatt thel Design meets the requirements ofthe DWR4 401 Water Quality Certification Program.  Federal and State permits and review memos.  form iss sentt tol DWR.  7. Other conditions special tot this grant: phase (30%1 to 60% complete).  Project engineering designs and plans tob be provided tot thel NÇLWF att the conceptual design  (The remainder oft this pagei isi intentionally left blank)  City of Whiteville (NCLWF 2022-FRR61 Whiteville: Stormwater Park)  Page 15of25    EXHIBITB PROJECT: BUDGET  Item 1. Design andl Permitting 2. Construction (Including Observation and Contingency)" 3. Stewardship and/or Maintenance 4. Project Administration Totall Project Budget % of Totall Project) Budget  NCLWF Grant Funds' $150,000 $825,600 $0 $50,000 $1,025,600 98%  Matching) Funds? $0 $0 $20000 $0 $20,000 2%  Totall Item Budget $150,000 $825,600 $20000 $50,000 $1,045,600 100%  Retainage:: $50,000 Notes:  Retainage ist the amounto ofs grant fundst thel NCLWF will withhold from the Grant Recipient until the Grant Recipient has satisfactorily fulfilled the requirements for the final payment shown int the tablei inl Exhibit Cb below, which typically includes ai final reporta and a final field visit. 'Too obtain payment, the Grant Recipient must submit itemized documentation: substantiating direct Construction contingency funds allow thel Project to cover unanticipated construction costs, often resulting from unexpected conditions encountered during construction. Construction contingency fundss shall noth be used for work thati ist not construction (e.g., design or construction: administration). nor for construction that ist not part ofthe Project scope of work (e.g., add-on work). Construction contingency funds may be disbursed only after the Grant Recipient has demonstrated to the NCLWF that it has expended 100 percent off funds inc construction line items, 100 percent of local matching funds, and atl least 90p percento ofall other matching funds, includingr matchings granta and/or  costs incurred ini implementing the) Project. ?Matching funds are contributed! by: City of Whiteville ($20,000)  loan funds.  (Thei remainder oft this page isi intentionally left blank)  City of Whiteville (NCLWF 2022-FRR61 Whiteville Stormwater Park)  Page 16of25    EXHIBITC PRE-DISBURSEMENT: CHECKLIST disbursed under this Grant Contract:  The following documents must bes submitted to thel NCLWFI before any funds can be  Requirement Submit before first request for payment  Description/What: to Submit  I. Matching funds' Proofo ofa availability oft thei matching funds whicha arei includedi int the Project Budget. 2. Documents in Documents as identified in Exhibit A' "Special Contract Conditions" (if any) as  (*Seer note below.)  Exhibit A 3. Easements, landowner land use contracts 4. Construction permits 5. Construction information Exhibit. A  required priort to ther release ofGrant funds:  Submit before first request for construction payment  Copies ofr recorded Conservation. Agreement(s) for all properties in Schedule of Providea copy ofe each applicable Federal or State permit issuedf for construction, or written documentation from the appropriate! State agency that construction of thel Project does not require a Federal or State permit. Withint thirty (30) days ofe executing: ac construction contract for thel Project, submit scope oft thec construction" work, agreed-upon! pricing fort the construction" work, and atotal anticipated construction cost based ont the pricing. required priort tot ther release ofNCLWF funds: Project engineering designs and plans to be provided to the NCLWF at the conceptual design phase (30% to 60% complete). resource benefits achieved, and lessons learned during the Project. closeout site visit. A closeout visit will include walking the Project site and surveying any constructed work, plantings, and signage. required priort tot thei release ofNCLWF funds:  Declarations of Properties for Legall Protection of Riparian) Buffersi in] Exhibit A. Eachl Easement Covenants and/or and Declaration of Covenants iss subject tor review and acceptance by the Grant.  contract pricing construction contract pricing information consisting of at least a statement oft the 6. Documents in Documents as identified in Exhibit A "Special Contract Conditions" (ifa any) as  Submit before or accompanying request for final payment  7. Grant contract Projectf finali reporto detailing! Projecto deliverables ando outputs, natural and/orcultural 8. Final closeout site Coordinate with the appropriate NCLWF Field Representative to perform a final 9. Documents in Documents as identified in Exhibit A "Special Contract Conditions" (if any) as  final report visit Exhibit A  'Examples of proof of availability ofr matching fundsi include: (a) grants from other sources: i. copy of grant agreement ii. copy of grant awardl letter (b) local agency matching funds: - resolution oft the governing board  City of Whiteville (NCLWF 2022-FRR61 Whiteville! Stormwater Park)  Page 17of25    ii. budgets showing allocation ofr matching fundst tot the Project, accompanied byac certified copy of board meeting minutes approving the budget orb by a certified copy of board meeting minutes authorizing use of local iii. certifiedo copy oft board meetingi minutes attesting tot the use and amount of iv. letters from other sources of matching funds attesting to contribution of (The remainder oft this page isi intentionally left blank)  matching funds fort the Project local fundsf for match the funds  City of Whiteville (NCLWF 2022-FRR61 Whiteville Stormwater Park)  Page 18of25    EXHIBITD  ASSURANCES FORI NON-FEDERALLY FUNDED CONTRACTS Exhibit D only applies to nomprofits and does not apply to this Grant Contract.  City of Whiteville (NCLWF 2022-FRR61 Whiteville: Stormwater Park)  Page 19of25    EXHIBITE  GENERALTERMS ANDCONDITIONS  (These General Terms and Conditions may ber modified by Special Conditions in] Exhibit A, whichs should ber reviewed for possible modifications tot these General Terms and Conditions.) . Title. Ift the property right to be: acquired is fee simple absolute title, the Grant Recipient shall acquire good and marketable title free and clear of any liens, other charges, conditions or encumbrances that would materially affect the purposes oft this Grant Contract. 2. No Mitigation. The Grant Recipient shall not use thel Project or any portion thereof to satisfy compensatory mitigation requirements under 33 U.S.C. $ 1344 or N.C.G.S. $143-214.11. 3. No Open Space Requirements. The Grant Recipient shall not use the Project or any portion thereof to satisfy open. space or density requirements of any cluster or other development Right of] Entry and Inspections. The NCLWF's representatives shall have the right to enter the Project area for inspection of the Project and to enter any other premises of the Grant Recipient associated with the activities oft the Grant Recipient pursuant tot the Grant, including tor review books and records in any way relatedt tot the Grant ort thel Project. 5. Use and Reliance on] Documentation. Tot the extent allowed by law, the Grant Recipient gives the NCLWF permission to use Grant documents and accompanying or related plans, specifications, estimates, procedures, maps and any other documents! submitted tot thel NCLWF 5. Signage. If the NCLWF's approval of this Project allows public access to and/or public education: activities att the Project Site, the Grant Recipient shall post signs at the public areas such as, butr not limitedt to, trailheads, parking: areas,! kiosks, and boat ramps.1 The signs shall be posted inr number, location, and manner satisfactory to thel NCLWF. Signs may be providedb by the NCLWF or, if the Grant Recipient wishes to provide its own signs, the signs must acknowledge thel NCLWFas ai funding partner, conform tot thel NCLWF'ss signg guidance posted 7. Publicity. Tot the extent possible, the Grant Recipient will usei its best efforts to appropriately publicize the Project's benefits to the general public, local government, and State representatives, including the role of the NCLWF in the funding and development of the Conflicts of] Interest. In accordance withl N.C.G.SS143C-6-23, every non-governmental. Grant Recipient shall file with the NCLWF a copy of that Grant Recipient's policy addressing conflicts ofi interest that may arise involving the Grant Recipient's management employees and the members of its board of directors or other governing body. The policy shall address situations in which any oft these individuals may directly ori indirectly benefit, except as the Grant Recipient'se employees orr members ofits board or other governing! body, from the Grant Recipient's disbursing of State funds, and shall include actions to be taken by the Grant Recipient or the individual, or both, to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before the NCLWF may disburse the grant funds. The Grant Recipient shall at allt times comply with the Grant Recipient's conflict ofi interest policy.  A. Affirmative Covenants  scheme or plan.  byt the Grant Recipient after Award Date.  oni its website, and bea approved by thel NCLWF.  Project.  City of Whiteville (NCLWF: 2022-FRR61 Whiteville Stormwater Park)  Page 200 of25    Compliancer withLawsa and Legal) Requirements. The Grant) Recipient agreest top perform and maintain the Project in compliance with all Federal, State, and local laws and regulations, including, without limitation, required permitting, environmental, zoning, historic preservation, and other land use laws, regulations, and requirements. The Grant Recipient agreest tot take reasonable: steps to advisel Project participants that they shall comply in the: same manner. The Grant Recipient shall comply with alll legal requirements applicable to the use of the Grant funds. As oft thel Effective Date oft this Grant Contract, thel Project area, tot the best of (a) contains no hazardous materiais, substances, wastes or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in, or under thel Project area or used inc connection therewith; (b) contains no environmental condition that may prohibit ori impede thep purposes setf forth (c) will not contain such uses or conditions int the future. 10. Insurance. The Grant Recipient agrees to keep structures or improvements of any sort constituting the Project fully insured ata allt times during construction and tol keepf fully insured all building materials at any time located on the Project." The Grant Recipient will ensure that all contractors furnish adequate payment and performance bonds. 11. No Pollution Credits. If the Project enables the Grant Recipient to qualify for credits by reducing the discharge of phosphorus, nitrogen, or any other nutrient or pollutant below, or further below, applicable regulatory limits, or otherwise ("Pollution Credits"), the Grant Recipient shallr nots sell, trade, assign, transfer org give toa another person ore entity that percentage of any resulting Pollution Credits achieved by thel Project corresponding to the percentage of Inc order toi induce thel NCLWF to enter into this Grant Contract and to make the Grant as herein provided, the Grant Recipient, after reasonablei inquiry, makes thef following representations, warranties, and covenants, which shall remain in effect after the execution and delivery of this Grant Contract and the other Grant Documents, any inspection or examinations at any time made by or on behalf oft thel NCLWF, and the Acquisition by the Grant Recipient: I. No Actions. There are no actions, suits, or proceedings pending, or, to the knowledge of the Grant Recipient, threatened: against ora affectingt the Grant Recipient before any court, arbitrator, or governmental or administrative body or agency that might affect the Grant Recipient's ability to observe and perform its obligations under this Grant Contract. No Untrue Statements. Neithert this Grant Contractr nora any information, certificate, statement, ord other document furnished by the Grant Recipient inc connection with the Grant contains any untrue statement ofar material fact or omits disclosure ofar material fact that affectst thel Project, any. subsequent Conservation. Agreement included in the Project, or the ability oft the Grant Zoning. Thep present and proposed use oft thel Project, including, without limitation, the purpose ofthe Conservation. Agreement, is inc compliance with all zoning ordinances, and all municipal and other governmental: and regulatory approvals have been or will be obtained for the use: and  the Grant! Recipientsknowledge:  int this Grant Contract; and  the Project costs provided by thel NCLWF.  B. Representations and Warranties  Recipient top perform under this Grant Contract.  for operation oft the Project according tot this Grant Contract. City of Whiteville (NCLWF: 2022-FRR61 Whiteville Stormwater Park)  Page 21of25    +. Taxl Exempt Status. As applicable, the Grant Recipients shall maintaint tax-exempt status under Section 501(c)(3)ofthe! Internal Revenue Code of 1986, asa amended (or anys successor section), andt ther regulations promulgatedi thereunder: ands shall notify thel NCLWF within thirty (30)days upon any changei ini itss status under the Section 501(c/3)oft thel Internal Revenue Code ofl 1986. Termination byl Mutual Consent. The Parties may terminate this Grant Contract 1)by mutual written consent, or 2) withs sixty (60) days prior writtenr noticel byt thel Partyy wishingt tot terminate, or3 3)b by the! NCLWF with written noticet to Grant Recipient reportingt that an Event of Default byt the Grant Recipient has occurred, or 4)a as otherwise provided by law. 2. Termination for Cause. The happening of any of the following, if not cured within any applicable cure period, shall constitute an event ofc default ("Event(s) ofl Defaule")byt the Grant Recipient of its obligations tot thel NCLWF, ands shall entitle thel NCLWFt to exercise allr rights and remedies under this Grant Contract and as otherwise available at law ore equity. (a) Project Area Unsuitable. A determination by the NCLWF, prior to disbursement of funds, that the Project areai is unsuitable fort the purpose for which this Grant Contract (b) Unsuitable Use. The Project area is used ina a manner materially inconsistent with the purposes oft this Grant Contract ort the Conservation. Agreement contemplated! herein. (c) Default in Performance. Failure by the Grant Recipient in the observance or performance of any of the terms, conditions, covenants, or requirements oft the Grant Contract, including, without limitation, a failuret tos satisfy any condition precedent to disbursement or reimbursement, provided, however, that the NCLWF shall provide written notice of the default tot the Grant Recipient and allow a cure period of thirty (30) days after the date of receipt of written notice of default during which Grant (d) Misrepresentation. Ifa any representation or warranty made by the Grant Recipient in connection with the Grant or any information, certificate, statement, or report heretofore or hereafter made shall be untrue or misleading in any material respect at (e) Eligibility oft the Grant Recipient. Ifthe Grant! Recipient ceases tob bec eligible to receive (f) Failure tol Monitor Conservation Easement. Ift the Project includes the conveyance or assignment ofa Conservation Easement to the State ofl North Carolina, and the Grant Recipient fails to notify the NCLWF of any potential violation of the Conservation Easement within a reasonable period of time so as to minimize, avert or cure any (g) Abandonment of the Project. Ift the Grant Recipient abandons or otherwise ceases to continue tor make reasonable progress toward the completion ofthel Project. (h) Unacceptable Conflict of Interest Policy. A determination by the NCLWF that the Grant Recipient' s Conflict ofl Interest policy insufficiently protects public monies.  C.Termination: Events of] Default  is made.  Recipients shall be allowed toc cures said default.  the time made.  Grant funds, is dissolved, or otherwise ceases toe exist.  potential violation.  City of Whiteville (NCLWF: 2022-FRR61 Whiteville Stormwater Park)  Page 22 of25    D. Thel NCLWF's Rights and) Remedies  Ifan Event ofI Default shall occur, thel NCLWF shall have alla available legal and equitable rights and remedies as well as thef following rights andi remedies, allo of which are exercisable: att the NCLWF's: sole discretion, and are cumulative, concurrent, andi independent rights. I. Nonwaiver. No delay, forbearance, waiver, or omission oft thel NCLWF to exercise any right, power, or remedy accruing upon any Event ofl Default shall exhaust or impair any such right, power, or remedy or shall be construed to waive any such Event of] Default or to constitute acquiescence therein. Every right, power, and remedy givent tot thel NCLWF may be exercised ata any time and as often as may be deemed expedient by the NCLWF. . Project Termination. If an Event of Default occurs, the NCLWF may, at its discretion, suspend and/or terminate all obligations of the NCLWF hereunder. If, in thej judgment oft the NCLWF, such failure was due to nof fault oft the Grant Recipient, amounts required tor resolve, at minimum costs, any irrevocable obligations properly incurred by the Grant Recipient shall, int the discretion oft thel NCLWF, be eligible for assistance under this Grant Contract. Additional Remedies. If an Event of Default occurs, the NCLWF may take any. action consistent with its statutory authority including: (a) prevent any impairment oft the Project by any acts that may be unlawful or in violation of this Grant Contract or any other item or document required hereunder, (b) obtain titlet to or otherwise preserve or protect itsi interest in the Project and any property acquired with Grant funds, (c) compel specific performance of any ofthe Grant Recipient'so obligations under this Grant Contract, (d) obtainr return ofall Grant Funds, including equipmenti fapplicable and (e)s seek damages from any appropriate persono or entity. Thel NCLWF, or its designee, may also, at thel NCLWF's sole discretion, continue to complete thel Project, or any portion thereof deemed appropriate by the! NCLWF, and the Grant Recipient shall cooperate in the completion of the Project. The NCLWF shal! be under no Modification. This Grant Contract may be rescinded, modified, or amended only by written agreement executed by all Parties. Any proposed modification oft the Project shall be subject to approval by the NCLWF and, if applicable, the North Carolina Council of State. Only changes deemed non-material int type byt thel NCLWF's! Executive Director may ber madet tot the Grant Contract without thec consent oft thel NCLWF's Board of Trustees. 2. Benefit. This Grant Contracti is made ande enteredi into for the sole protection and benefit ofthe NCLWF, the State, and the Grant! Recipient, andt their respectives successors and assigns. Except fort the State, there shall ber not third-party beneficiaries to this Grant Contract. 3. Further Assurance. Inc connection with and after the payment of Grant funds undert this Grant Contract, upon the reasonable request of the NCLWF, the Grant Recipient shall execute, acknowledge, and deliver or cause tol be delivered all such further documents and assurances, ando comply) with any other requests asr may ber reasonably required by thel NCLWF or otherwise appropriate to carry out and effectuate the Grant as contemplated by this Grant Contract and Compliance by Others. The Grant Recipient shall ber responsible: for compliance with thet terms of this Grant Contract by any Sub-grant Recipient, including, but not limited to, a political  obligation toc complete thel Project.  E. Miscellaneous  the purposes oft the Conservation. Agreement.  City of Whiteville (NCLWF: 2022-FRR61 Whiteville Stormwater Park)  Page 23of25    subdivision, public agency, or eligible nonprofit corporation to which funds or obligations are transferred, delegated, or assigned pursuant to this Grant Contract. Delegation by the Grant Recipient to a Sub-grant Recipient of any duty or obligation hereunder does not relieve the Grant Recipient of any duty or obligation created hereunder. Failure by such Sub-grant Recipient to comply with the terms oft this Grant Contract shall be deemed failure by the Grant Recipient to comply with the terms of this Grant Contract. Any such delegation of duties or obligations shall bei iny writing, signed! by the Grant] Recipient andt the! Sub-grant Recipient, shall bei ina accordance withl Paragraph 7oft this Exhibit E, and shall contain an affirmative covenant byt the Sub-grant) Recipient that its shall abide by thei rules set forthi in1 Title 09, Subchapter 03M Independent: Statuso ofthel Parties. TheF Parties arei independente entities, and this Grant Contract shall not create aj partnership orj joint venture between the Parties. Further, the Grant Contract shall not in any way be interpreted or construed as making the Grant Recipient, its agents, or employees, to be agents or representatives of the NCLWF. The Grant Recipient is and shall remain an independent contractor in the performance oft this Grant Contract and as such shall be wholly responsible for the work to be performed and for the supervision of its agents and employees. In no event shall the NCLWF be liable for debts or claims accruing or arising against the Grant Recipient. The Grant Recipient represents that it has secured, or shall secure at its own expense, all personnel required in the performance oft this Grant Contract. Such employees shall not be employees of, nor! have any individual contractual relationship with, the . Clean) Waterl Management Trust Fund. Pursuant tol N.C.G.S. $143B-135.234(), thel NCLWF 7. Binding) Effect,Contract, Assignable. The terms hereofs shall be binding upon andi inure tot the benefit of the successors, assigns, and personal representatives of the Parties, provided, however, that the Grant Recipient may not assign this Grant Contract or any of its rights, interests, duties, or obligations hereunder or any Grant proceeds or other moneys to be advanced hereunder in wholed ori inp part without they prior written consent oft thel NCLWF, which may be withheld for any reason and any such assignment (whether voluntary or by operation oflaw) without said consent shall bev void. Int the event assignmenti is allowed, neither the Grant Recipientr nor the Sub-grant Recipient: shall be relieved of any oft the duties and responsibilities oft the Grant Contract. Further, the Sub-grant Recipient shall agree to abide by the all the requirements of this Grant Contract, and to provide all information needed in order for the Indemnity. The Grant Recipient agrees, tot the fulleste extent permitted by law, to release, protect, indemnify, and hold harmless the State, the NCLWF, its Trustees, employees, agents, and assigns against any and all claims, losses, liabilities, damages, and costs, including reasonable: attorney fees, that result from or arise out of (a) damages ori injuries toy persons or property caused by the negligent acts or omissions oft the Grant Recipient, itse employees, or agents inu use or management oft thel Property; (b) use orp presence of any! hazardous substance, waste, or other regulated material in, under, orc on the Property; or( (c) the performance oft the Grant Recipient's duties under this Grant Contract. The obligations under this Section are independent of all other rights or obligations set forth! herein. This indemnity shall survive the disbursement oft the Grant funds, as well as any termination oft this Grant Contract. 9. Due Diligence, Reasonable Care, Other Obligations. The Grant Recipient agrees (a) thati it shall use due diligence and reasonable care, and shall require its employees, contactors, and agents tou use due diligence and reasonable care, toa avoid acts or omissions that cause damages  oft thel N.C.A.C.  NCLWF.  isa alsol known ast the Clean Water Management Trust] Fund.  Grant Recipient to comply with this Grant Contract.  City of Whiteville (NCLWF: 2022-FRR61 Whiteville! Stormwater Park)  Page 24 of25    ori injuries top persons or property relatedt tot the use, operation, maintenance, or management of the Project area and (b) that it shall be responsible for the use or presence of any hazardous substance, waste, or other regulated material in, under, or on the Project area, and that the NCLWF has not undertaken any responsibility for these things. The obligations under this Section are independent ofa all other rights or obligations setf forth herein and shall survivet the disbursement oft the Grant funds, as well as any termination oft this Grant Contract. 10. No Discrimination. The Grant Recipient shall ensure that no person will be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity covered by this Grant Contract solely ont the grounds of race, color, age, religion, sex, national origin, sexual orientation, gender identity, or disability. 11. Governing Law, Construction and Jurisdiction. This Grant Contract and all matters relating theretos shall be governed by and construed and interpreted in accordance with the laws oft the State ofl North Carolina, notwithstanding the principles ofc conflicts ofl law. Thel headings and sectioni numbers contained herein are fori reference purposes only ands shall not modify, define, limit, ore expandt thee express provisions oft this Grant Contract. Thet terms oft this Grant Contract shall be construed according to their plain meaning, and not strictly construed for or against either Party hereto. The Grant Recipient hereby submits to the jurisdiction of the State and Federal courts located in! North Carolina and agreest that the! NCLWF may, ati its option, enforce 12. Savings Clause. Invalidation of any one or more oft the provisions of this Grant Contract, or portion thereof, shall in no way affect any oft the other provisions hereof and portions thereof 13. Additional Remedies. Except as otherwise specifically seti forth! herein, the rights and remedies provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies 14. Survival. Where any representations, warranties, covenants, indemnities, or other provisions contained int this Grant Contract and/or any oft the Grant Documents, byi its context or otherwise, evidence thei intent oft thel Parties that such provisions should survive the Closing, completion, expiration ort termination oft this Grant Contract, thep provisions shall survivet the Closing or any such termination. Without limiting the generality of the foregoing, the Parties specifically acknowledge and agree that the provisions of this Exhibit E: and the conditions shown in Exhibit A shall survive any termination oft this Grant Contract as well as any Closing. 15. Time oft the Essence. Time is oft the essence int the performance oft this Grant Contract.  itsr rights undert the Grant Contract ins such courts. which shall remain ini full force and effect. availablei inc connection with this Grant Contract.  City of Whiteville (NCLWF 2022-FRR61 Whiteville Stormwater Park)  Page 25of25    CITY OF WHITEVILLE Budget Amendment FY2023-2024  Amendment; # Revenue Account 10-3520-0000 Total Expenditure Account 10-5300-1600 Total JUSTIFICATION: carrier. REVIEWEDBY:  Current Budget 6,000.00  Increase (Decrease) 4,794.06 $ 10,794.06  Revised Budget  Account Description Insurancel Recovery  6,000.00 $ 4,794.06 $ 10,794.06  Current Budget 6,000.00  Increase (Decrease) 4,794.06  Revised Budget 10,794.06  Account) Description Maintenance & Equip. Repair  6,000.00 $ 4,794.06 $ 10,794.06  This budgeta amendmenti ist tor receivei insurance proceeds for damaged fence repaira at the) Firehouse. Thef fence was damaged bya contractor. Our insurance carrier, VFIS, covered. the damages and will seek indemnification from the contractor's insurance  DATE: 9424/23 DATE: 9/23 2023 by the Whiteville Council  Finance Dircctor 16 City Manager 26" aydephaber Tollau TenyL/Mann, Mayor - City   APPROVED! BY: 3  DULY ADOPTED this at Whiteville, North Carolina. AFFIRMEDI BY: ATTESTEDBY:  City    UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT  TITLEVIII CONCILIATION AGREEMENT  Between (Complainant) And CITY OF WHITEVILLE Tery Mann (Mayor) (Respondent)  CHRISTIAN. RECOVERY CENTERS, INC.  Approved by the FHEO! Regional Director on behalf of the United States Department of] Housing and Urban) Development  FHEO CASEI NUMBER: 04-22-9431-8  1    A. PARTIES. AND SUBJECT) PROPERTY Complainant: Christian! Recovery Centers, Inc. clol Fair Housing Project/Legal, Aid ofNC 2101 Angier Avenue, Ste. 300 Durham, NC27703 Complainant Representatives: Complainant Representatives: Hope Williams Legal Aid of North Carolina, Inc. 2101 Angier Ave, Suite 300 Durham, NC27703 Lauren Brasil 2101 Angier Avenue Suite 300 Durham, NC27703 Respondent: City of Whiteville Attn: Mr. Terry Mann, Mayor 317S. Madison Street P.O. Box 607 Whiteville, NC:28472 Respondent Representative: Carlton Williamson Williamson, Walton & Scott, LLP 136 Washington St Whiteville, NC:28472 Subiect Property: 703 Bryce Street Whiteville, NC28472 B.STATEMENT OF ALLEGATIONS  Fair Housing Project) Legal Aid ofl North Carolina, Inc.  2    Ac complaint was filed with the United States Department of Housing and Urban) Development (HUD or thel Department) on. January 20, 2022, alleging thatt the Complainant was injured by discriminatory acts. Itis alleged that Respondent was responsible for making) housing unavailable, using ordinance to discriminate in: zoning and land use and failure tor make reasonable accommodation. Complainant believes Respondent discriminated against the organization because of disability. The Complainants alleged that the most recent act occurred on September 29,2 2021. Ifproven, the allegations would constitute violations of Sections 804 ()(1), and 804(f)(3)(B), ofTitle VIII oft the Civill Rights Act of 1968 as amended by thel Fair Respondent denies having discriminated against Complainant, but agreest to settle the claims int the underlying action by entering into this Conciliation. Agreement.  Housing Act of 1988.  C. TERM OF AGREEMENT D.I EFFECTIVE DATE  1. This Conciliation. Agreement (hereinafter "Agreement")s shall govern the conduct of the parties toi it fora ap period of two (2)years from the effective date oftheA Agreement. 2. The parties expressly agreet that this Agreement constitutes neither ab binding contract under state or federal law nor a Conciliation Agreement pursuant tot the Act, unless and until such time asi iti is approved byt the U.S. Department ofI Housing and Urban Development, through the FHEO1 Region IVI Director, or his or her designee. 3. This Agreement shall become effective on the date on whichi iti is approved by the Regional Director of Fair Housing and Equal Opportunity (FHEO) of the United States Department ofl Housing and Urban) Development (HUD), 401 Marietta Street, Atlanta, 4. The parties acknowledge that this Agreement is a voluntary and full settlement oft the disputed complaint. The parties affirm that they have read and fully understand the terms set forth herein. Noy party has been coerced, intimidated, threatened ori in any way forced 5. Thel Respondent acknowledges that they! have an affirmative duty not to discriminate undert the Act, and that iti is unlawful toi retaliate against any person because that person has made a complaint, testified, assisted, or participatedi in any manner in aj proceeding under the Act. Respondent further acknowledges that any subsequent retaliation or discrimination constitutes both at material breach oft this Agreement, and a statutory  Georgia 30303, orl his or her designee. E. GENERALI PROVISIONS  tob become aj party to this Agreement.  violation oft the Act.  3    6. This Agreement, afteri itl has been approved by thel FHEO Regional Director, orl his or her designee, is binding upont the City of Whiteville, their employees, heirs, successors and assigns anda all others ina active concert ini its govermental operations. 7. Iti is understood that, pursuant to Section 810(b)(4) of the Act, upon approval oft this Agreement by thel FHEOI Regional Director orl his or her designee, itis isa public 8. This Agreement does not in any way limit or restrict thel Department's authority to investigate any other complaint involving Respondent made pursuant tot thel Fair Housing Act, or any other complaint within thel Department's) jurisdiction. Noa amendment to, modification of, or waiver of any provisions oft this Agreement shall be effective unless: (a) all signatories or their successors tot the Agreement agreei in writing to the amendment, modification or waiver; (b) the amendment, modification or waiver isi iny writing; and (c) the amendment, modification or waiver is approved and 10. Thel Parties agreet that the execution oft this Agreement may be accomplished bys separate execution of consents tot this Agreement, and that the original executed signature pages attached tot the body oft the Agreement constitute one document. 11. Complainant hereby forever waives, releases, and covenants nott tos sue the Department or Respondent, its heirs, executors, assigns, agents, employees anda attorneys with regard to any and all claims, damages and injuries of whatever nature, whether presently known or unknown, arising out oft the subject matter ofH HUD Case Number 04-22-9431-8, or which could have been filed in any action ors suit arising from said subject matter. 12. Respondent hereby forever waives, releases, and covenants not tos sue the Department or Complainant andi its successors, assigns, agents, officers, board members, employees and attorneys with regard to any and all claims, damages andi injuries of whatever nature whether presently known or unknown, arising out oft the subject matter ofl HUD Case Number 04-22-9431-8 or which could! have been filed ina any action or suit arising from  document.  signed byt thel FHEOI Regional Director.  said subject matter. E.RELIEFI FOR COMPLAINANT  13. Respondent agrees to take the following actions, and, as set forth int this Agreement, will provide thel Department with written certification that these requirements have been met: Respondent City of Whiteville affirms thati its Code of Ordinances, policies, practices, and activities concerning the zoning and operation ofhousing for people with disabilities subject toi itsj jurisdiction are, and shall continue tol be, in complete compliance with the Federal Fair Housing Act (Title VIII), free from  Revision to City of Whiteville Zoning Code  4    discrimination because of race, color, religion, sex, national origin, familial status, b. Respondent City ofv Whiteville affirms that on or around. June 28, 2022,i it amended its Code of Ordinances to1 revise the definition of "Family Care Home" found in Section 155-0181 toi include persons with' "alcohol: and drug abuse emdencevrchabltation" as covered residents with a disability who are qualified Respondent City ofv Whiteville: further affirmst that it has amended its Code of Ordinances tor remove the definition/category of"Halfway House" from its Application of Zoning Code to Christian Recovery Centers, Inc.  and disability.  tor residei int family carel homes. Zoning Code.  Respondent City of Whiteville shall permit Complainant CRCI to operate int the Subject Property, sol long ast they comply with lawful, non-discriminatory requirements of applicable law and ordinances, as applied in ar non- discriminatory manner, and shall treat CRCI in the same manner as any Family Care Home or . Respondent City ofWhiteville: shall not obstruct ori interfere witht the operations ofComplainant CRCI's program and shall work cooperatively andi in good faith with Complainant CRCI to consider any future applications for approval for zoning changes, and to address and resolve any future concerns or disputes Respondent City of Whiteville affirms that no fines have been! levied against Complainant CRCI, and tot the extent any such fines have been levied, such fines are voided and will not bej pursued or collected by Respondent City of Whiteville. d. Respondent agrees to pay the amount of $2500 to Complainant Christian Recovery Center, Inc. withint thirty (30) days of the effective date oft this Agreement. The check shalll be made payable tol Legal Aid ofNorth Carolina, Inc. Client Trust Account, and mailed tot the Complainant by certified mail ora clol Hope Williams, Supervising Attorney, Fair Housing Project Respondents will provide aj photocopy oft the check and trackingi information to thel Department withins seven (7) calendar days oft thec check being mailed.  other permitted use.  reasonably.  trackable courier att the following address: Legal Aido ofl North Carolina 2101 Angier Avenue, Ste. 300 Durham, NC:27703  5    G. RELIEFI IN' THEI PUBLICINTEREST  14.1 Respondent City of Whiteville will not otherwise modify its Zoning Code or any other ordinancei ina ai manner such that the modification narrows, reduces, or limits the rights of persons with disabilities tor residei in a residence oft their choosing within areas that individuals with other disabilities, or without disabilities, are permitted tor reside within 15. Within 60 days oft the effective date oft this Agreement, Respondent City of Whiteville shall adopt and mplement a policy by which persons may request reasonable accommodations or modifications ont the basis of disability from the City'sz zoning, land use, and code requirements ("Reasonable Accommodation: Policy"). The policy must be approved by HUD. Thel Policy shall comply with the FHA and shall include the following Respondent shall designate ani individual to review and process Reasonable Accommodation! Requests that are madet to employees oft the City. Respondent shall provide a description ofs where and how the City will accept and process request for accommodations. ini its rules, policies, practices, ori in the Respondent shall acknowledge all requests for reasonable accommodation, in writing, withint ten (10) days oft the City's receipt ofa and oral or written request; Respondent shall provide written notification tot those requesting a reasonable accommodation oft the decision regarding their request for accommodation within twenty (20) days oft thei receipt of the request. Ift the City denies al request, it shall include ane explanation of the basis for such denial int this written notification; Respondent shall retaini records of all written and oral requests for reasonable accommodation and modification including () the name, address, and telephone number oft thep personr making the request; (ii) the date on which the request was received; (ii)t the nature oft the request; and (v) the final written decision The City shall noti impose any fees or costs for requesting reasonable accommodation or modification, or otherwise retaliate against any person who has exercised! his or her right under thel Fair Housing Act tor make one or more 16. Within ten (10) days oft the approval of thel Reasonable. Accommodation Policy by the United States Department of Housing and Urban Development and throughout the term ofthis Agreement, Respondent shall post and publicly display thel Policy on the City's website, and att the offices of the City with responsibility for administration and enforcement of the City'sz zoning, land use, and code requirements.  the City.  provisions:  provision ofi its services;  regarding the request; and reasonable accommodation request.  6    17. Within onel hundred and eighty (180) days oft the effective date oft this Agreement, Respondent'ss staffi involved int the administration and oversight oft the zoning ordinances oft the City of Whiteville, including but not limited tot the City Manager, the Planning Director, thel Permit Technician, and thel Building Inspector, as wella as any staffi involved int the receipt, review, and decisions of Reasonable. Accommodation. Requests shall attend Fair Housing' Training focusing on thel Fair Housing Act's prohibitions on land use and zoning laws, policies and practices that discriminate based on a protected class undert the Act, as well as Reasonable. Accommodations: andl Modifications, andj protections under thel Fair Housing Act forj persons with disabilities. Thet training shall bec conducted by the Department's Office of Fair Housing and Equal Opportunity, the North Carolina Human Relations Commission, or ana appropriate agency orf facility approved by thel Department. Written approval to attendt training offered by an organization not listedi in this paragraph must bes solicited and obtained from thel FHEO. Regional Director atl least ten (10) days prior to thec commencement oft the training. The training shall be completed eitheri in person or vias a live webinar so attendees may ask questions during the training 18. Within thirty (30) days of the effective date oft this Agreement, Respondent City of Whiteville: shall display a HUDI Equal Housing Opportunity logo, tol bes supplied by the Department, ont the website oft the City of Whiteville. The logo shalll be displayed during 19. Within one hundred eighty (180) days oft the effective date oft this Agreement, Respondent City ofWhiteville: shall create a webpage to bei included on the City of Whiteville's website with resource information for persons who arei impacted by 20. Within thirty (30) days oft the effective date oft this Agreement, Respondent shall inform all ofi its employees and agents responsible for compliance with this Agreement, including any officers and elected and appointed officials, oft the terms oft this Agreement and shall provide each such person with a copy oft this Agreement. 21. Thel Department shall determine compliance with the terms of this Agreement. During the term oft this Agreement, HUDI may review compliance with this Agreement. As part of such review, HUDI may examine witnesses and copy pertinent records of Respondent. Respondent agrees to provide its full cooperation in any monitoring review undertaken by  the term oft this Agreement. substance abuse.  H.I MONITORING  HUD1 to ensure compliance with this Agreement. LREPORTINGA AND RECORDKEEPING  22. Within thirty (30) days oft the effective date oft this Agreement, Respondent shall transmit ap photocopy oft the checki identified inj paragraph 13(h), together with a copy oft the delivery tracking report ord certified mail receipt as evidence of delivery, tot thel FHEO  Regional Director.  7    23. The Respondent shall forward tot thel Department objective evidence oft the successful completion of training, int the form ofa Certificate or al letter fromt the entity conducting thet training, together with a list of participants, withint ten (10) business days ofthe completion oft the training, as evidence ofo compliance with paragraph! 170 oft this 24. Within thirty (30) days oft the respective deadlines provided inj paragraphs 14 through 20 oft this Agreement, Respondent shall certify to thel FHEOI Regional Director, in that he ors she has complied with paragraphs 14 through 20 oft this Agreement. writing, 25. Allr required certifications and documentation of compliance must bes submitted to: Regional Director, Office of Fair Housing and Equal Opportunity U.S. Department ofl Housing and Urban) Development Southeast Office  Agreement.  Carlos Osegueda, Regional Director 401 Marietta Street Atlanta, GA30303 J.CONSEQUENCES: OFI BREACH  26. Whenever thel Department has reasonable cause to believe that the Respondent has breached this Agreement, thes matter may be referred tot the Attomey General ofthe United States, to commence a civil action int the appropriate U. S. District Court, pursuant  to $S 810(c) and 814(b)(2) oft the Act.  K.SIGNATURES  For Christian Recovery Centers, Inc., Complainant Slla For City of WhiteviHe, Respondent L.APPROVAL  Date 9-36013 Date  Carlos Osegueda, Regional Director Region IV, Office of Fair Housing and Equal Opportunity  Date  8    CITYOF WHITEVILLE REQUEST FOR REASONABLE ACCOMMODATIONS  FROM2 ZONINGI REGULATIONS RELATED TO HOUSING POR PERSONS WITH OISABILITIES  Ppllcy  A "easonable accommodation" lsac change, Gxception, Or adjustment toà à rule, policy practice, ar service that may ber necessary for a person with a disability tel have an equaid opportunlty 10 uses and Ar request for reasonable accommodation may ber made by any person with a disability, their representative, or any entity when the application otaz ZGning law ore other land use regulation, policy, Gr Aj persons withe a disability isa person who has a physical or mental impairment that limits grs Subslantially limits ne or more major! life activities, anyone whoi is regarded as having suchi impairment, ora anyone An request for reasonable accommodation mayi include a modification ors exception tot ther rules, standards, and practices for the sitng, dévetopment, and use ofl housing oF housing ralated facilities that woulde eliminate regulatory barriers and; provide à person with a disability equal opportunity tei housing A reasonable accommodation may be only granted for the uset that needst the accemmedation. A reasonable accommodation may! be requesied by ore onk behalf ofar person with a disability os seek an exception ine connection with an Application forz Zoning Approval, a Conditional Use Permit, a Variance Application, and/or any other zoning law ord ordinance, regulation, policy or practice. Areasonable accommodation: does not include ana accommodation which would (1) impose an undue financial and administrative burden ont the city or (2j require a fundamentall alterationi int the natures of An request for reasonabie accommodation may be submsitted prally or iny writing. A verbeli request dses not require specilic language or need tor mennon the Fair Housing Act or use the wards' "yeasonable accommodation" Any communication tosl Planning andi inspection Department employes ins whicha an individual, entity, or representative indicaies that a change ore exception 161 needed due 1o a disability shalll be considered a request for reasonable accommodation. All reasonable accormodations applications shall be forwardedt to the Planning Director ort their designee within one business day by the Upon receipt ofa and oral or a written request fora accommodation, a City of Whiteville staff member will 'Jonts Statemento olthe Department of Houginga and Urhant Developmenta andt thes Depariment ofj Justise States andi Locall Land tsel lawsand Practices andi the Applcation oil thes Foirk Housing ACL November 10,2 2016, available at htpillwwwussice, MRMANAITaNaNe  enjoya a dwelling, Including public and common use Spaces, practice acts asab barriert tof fair housing opportunines. who hasa a record ofs suchi impairment.  oft their choice.  the city's land use and zoning program.  Pyocedures  empioyee receiving the application.    offer assistance ine completing a Reasonabie Accommodarion, Applicanon OFM willi inpur the information provided orallyt byt the applicant into the Application on the applicont's behaifi ifr requested. The City may The applicarion can! be found ont the City ofv Whlieville Website 6n the Department ofA Pianning and Inspection webpage mtp/wasAinlncgwplmanehapeson. ori in thel Planning and inspection Office. The application shaill include the following information as applicabie: The applicant's name, address and felephone number; Address oft the property for which thei request isk heing made; The name: and address oft the property Owner, and the owner'swriten consent tot the application; The curvrent actuai use oft the property; The wayi in wisich the proposed use oft the property will serve individuais considereci tol have disabilities; and The type of accommodation sought. Recerd Maintenance  request additional information ifr needed.  The Planning and inspection Department shali retain all original records pertaining ior reasonabie accommodation and moditications. Files willl ber maintained! int the Planning and Inspection Department. There are not fees or costs associated with requests for reasonabie accommodation GF modification. Requests for reasonable accommodation shall not ber refused processing or denied due tot the number 6f requests submitted based upon ther rights exercised under the Fair Housing Act relative ter reasoneble The Planning Director or his/her designce will yeview che ipplication iorr reasonable accommodations and will notify applicant oft the decision within seven (7) to ten (10j business days. Notice of thg Docision for Beasonable Accermodation! Request The Planning Director shall withins ten (10) days ofthe submission ofa Reasonable Accommodation Request submit a written notice oft the Reasonable. Accommodation Committee's decision (approvais or denial) tot thei applicant uniess additionall information is needed. The notice shall include factualf findings, conclusions, and reasons for the decision. For requests that are approved, ther notice shail include any conditions that may havel been placed ont the approval The notice shall alsai include thet time frame and AM written notice of appeal oft the Reasonable. Accommodation Committee's decision shall bes given tot the Planning Director within fifteen (15) days from the date oft such nonce. The Zoning Administratsr shall, wwithin five (5) working doys of receiving the Notico of Appeal, submit a writen notice for thel hearing  Fees  accommodation.  Reasonable Accommodatien Review Comimittes  process for appealo oft the decision.  Appeal oft the Decision oft the Reasonalle Accorampdation Commitee    date tot the appeliant.  Alla appeals shall containa a written statement oft the grounds fort the appeal. However, ifthe appellanti is unable top prepare 8 written statement, then the appellant may sign thet form indicating that he/she would liket to appeal the decision and the appellant may make ane oraia argument beiere the Planning Direcror and ar representative from the Legalt staff. Any personal infsrmation reléted to disability statub shalll be retainedi ina a manner 506 ast top protect the privscy rights oft the applicant and shall not ber made avallable for publici inspection, Inc considering ana appeale ofot decision of the Reasonable Accommodaton Committee, the Planning Director, Fair Housing Compliance Officer, andar representative fromt the Legal  staff shall conduct the appesl hearing and consider: the application requesting a reasonable accommodution; the Reasonable. Accommodation Commitiee's decision; the applicant's written statement oft the grounds fort thei appeal; the provisions oft the Reasonable Accommodation Policies and Procedures ine grder 10 determine whether thes decision Was consistent with applicable fair housing ande disabilities Alternative, but mutually agreed upon, accommodatonts).  laws; and/or  Int the event ana accommodation is not agreed upon, the Planning Director wwill make ai recommendation based upont the findings from the: appeal tot the Chty Manager. The City Manager willl make the decision Nothingi in this procedure shall preclude an aggrieved individual from seeking any other state Or  1GB grant or denyt the Reasonable Accommodation request.  federalr remedy available.    Citys ofV Whiteville Planning &i inspection Department. Application Request for Reasonoble  Acrommodstien  APPLICANT INFORMATION NAME: ADDRESS lelephone Email Address Parcel! Current Use of Properiy Current Property Owner  Street Alternative Telephone  ZipCode  Location Where Reasonable Accommodation is Requested  Zoning Classification Check ifs same as aboye  Are the people who willl live at the dwelling persons with disabilities lfyes, please describe the reasonable accommodation requested:  Yes  No  Zoning Employee Information Name Telephone Email Submission Date Submission Format (select) Verbal Reasonabie Accommodation Request Number Date Received Employee Assisted Employee Signature  Titie  Written Yes  Other No    City ofWhiteville Planning & Development Department Notice oft Decision oni Reasonable Actomimedetien Request  Date Received er Date of Appilcation Date of Decision The Reasonable Accommodationl is Granted Denied Thes decision Was based on Signature of Designee Notice: lfy your requesif for reasonable accommodaton was denied you may appealt the denial. AI Notice ofA Appeal must bes submitted in writing iot the: Zoning Administraior within ffteen (15) days of receiving suchi notice, An appeai ofa decision byt the Reasonable. Accommodation Committee shall be heard byt the Planning Director, Fair Housing Compiiance Officet, anda representative from the Legals staff. Ifyoua are unablet tos prepare a written statement, your may signt the Appeai form and present your argument  Oate  orally, References November 10, 2016  joint Statement oft the Department ofk Housing and Urban Development and the Department of Justice, State and Locall Land Use Laws and Practices and the Application oft the fair Housing Aci,- Joint Statement oft the Department ofl Housing: andl Urban Development and the Department of Justice, Reasonable Accommodations Under the Fair Housing Act, May 17, 2004 MpWwwaNtaSw/ANAANVAVAPw/pny statementa.d Consent Decree -Reasonable Accommodation Policy- (ltem V- 13PG5 5) Civit No. 13:16-CV  htps/www.ustice: PPVPA.Se  766-HTW-LRA