HITE  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m.-T Tuesday, July 11, 2023 317 S. Madison Street, Whiteville, NC, 28472  The Regular Meeting of the City Council of the City of Whiteville was called to order on Tuesday, July 11, 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 B 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; Doug Ipock, Police Chief; Robert Lewis, Planning Director; Roger Lee, Building Inspector; Hal Lowder, Emergency Services Director; Joseph Williams (The News Reporter); Andy Hinson; Evelyn Youngerman; Brittany Newton; Carol  Caldwell; Phillp Tripp; and Members of the Public 2) CALL1 TO ORDER Mayor Mann called the meeting to Order at 6:30 pm. 3) INVOCATION Provided by Council Member Collier. 4) PLEDGE OF ALLEGIANCE Led by Mayor Mann. 5) ADOPTION OF AGENDA Tim Collier MOVED to approve the agenda as presented. Helen BI Holden 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)  6) APPROVAL OF MINUTES  6.1) Consideration for Approval of Minutes Jimmy Clarida MOVED to approve the minutes for the regular meeting and the closed session meeting held on June 27,2023. 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)  7) PUBLIC COMMENT  Representatives of the Great American Project: American Deciders of Whiteville - Mr. Andy Hinson, Ms. Evelyn Youngerman, and Ms. Brittany Newton, all addressed City Council regarding the project and its goal of getting the NC General Assembly to increase minimum wage to a minimum of $15p per    hour. They asked Council for their support and that they go online to sign a 8.1) Public Hearing-P8Z#23-06-01-Special Use Permit-Tripp Engineering: Pleasant Plains Church Road-Mini Storage Units Mayor Mann explained that the applicant for -P8Z#23-06-01, Tripp Engineering-Pleasant Plains Church Road-Mini Storage Units, is requesting a Special Use Permit (SUP). He explained the rules for procedure regarding a SUP. He first addressed the appearance of fairness by asking the other Council Members if they have any interest in the property or the application, or if they own property within a certain distance (e.g., 3001 feet) of the property subject to the application; ift they stand to gain or lose any financial benefit as a result of the outcome of the hearing; whether they can hear and consider the application in a fair and objective manner; if they have engaged in any ex parte communications with either proponents or opponents of the application, and, if sO, he asked them to place on the record the substance of any such communications sO that interested parties have the opportunity at the hearing to rebut the communications. Hearing none from the Council, he continued. Mayor Mann asked members of the audience if they wish to challenge on appearance of fairness grounds participation in the matter by any member of Council, including the reasons for the request. He explained the ground rules for the hearing and the manner in which it will proceed. He stated that he would ask those testifying to approach the City Clerk to be sworn or affirmed after he completed the rules for the procedure. He explained that Staff would review the application, report, and any evidence provided, and, if appropriate, make a recommendation concerning the proposal. He advised that Council Members should ask questions of staff at this point. He asked staff to give a report on the application; insure that all documents, charts, maps, etc. are introduced as exhibits, with ar number assigned to each exhibit. He advised that the applicant may comment on the application, followed by the testimony of any technical experts in support of the application. He reviewed the matter of hearsay evidence (a statement about the facts made by someone who is not present and available for cross-examination), is generally not allowed. He advised that if that is the best evidence available, Council can receive it, but Council may well decide to limit the weight or credibility it gives such evidence and that Council could decide to recess until a person can be made available for testimony. He advised that opinion evidence generally is offered only by a properly qualified expert witness. Statute specifically prohibits use of opinion testimony by non-experts on how on a project would affect property values, how traffic would affect public safety, and any other matters for which only expert testimony would be permitted in court. He reviewed Burden of Proof and that it is the applicant, who has the burden of proof to show compliance with applicable laws, presents testimony and evidence to support the application. The applicant may have expert witnesses, who should speak at this point. The applicant should address any issues raised by staff-proposed conditions. Council Members should ask questions at this time. However, if conflicting evidence is presented, Council must determine which facts it believes are correct. He advised that witness testimony can be limited to relevant evidence that is not repetitious. A person who deliberately gives false testimony under oath in a zoning hearing is subject to criminal charges for perjury. He stated that the proceeding would then be closed and Council would begin deliberations on the quasi-judicial matter and that can occur following the public hearing or at some other time. He advised that if the deliberations are held in an open meeting, comments from the audience should not be permitted. He explained that after deliberations, the vote on the application must occur in open session and after the vote is taken, the Council shall direct the staff or legal counsel to prepare, based upon instructions from Council, Findings of Fact and Conclusions of Law in support of the decision for a vote. Ms. Williams affirmed Mr. Lewis and  resolution/petition. No action taken by Council.  8) PUBLIC HEARING  Mr. Tripp.  Mayor Mann opened the Public Hearing at 6:47 pm.    Mr. Lewis approached Council and began presenting the application for the requested SUP. He explained that Tripp Engineering has submitted an application for a special use for mini-storage units at Columbus County (Property ID#100955). The subject property is located at Pleasant Plains Church Rd. and is in the City limits in the B-3 zoning district. He explained that Mr. Tripp is the representative for the owner, GLC Holdings, LLC (Jonathan Kyle Cox). He reported that the location for the SUP is Pleasant Plains Church Road andi iti is being requested to place mini-storage on the site. He reported that use as a mini-storage will pose no threat to public health, safety, morals, comfort or general welfare of the population and that all health and safety standards will be followed. He explained that exterior fencing will create a barrier sO the use, enjoyment, and property values of property owners in the nearby vicinity will not be diminished; and that normal and orderly development and improvement of the surrounding property shall not be impeded by use as a mini-storage. Mr. Lewis advised that the exterior architectural shall be appropriate and in character for the district and existing structures and as such will not cause substantial depreciation in neighborhood property values. He explained that water and sewer shall be accessed along Pleasant Plains Church Road and that access roads, drainage and stormwater facilities are provided on the plans and meets requirements. He explained that a NCDOT driveway permit has been applied for to meet ingress and egress requirements and minimize traffic congestion. Mr. Lewis advised that the use of a mini-storage shall conform to applicable regulations of the district and conditions imposed Mayor Mann asked members of the Council if they had any questions for Mr. Lewis or Mr. Tripp. Council Member Worley asked about the nearby property values and Mr. Lewis explained there is no data or evidence to believe nearby property values would be impacted. Mayor Mann asked Mr. Lewis to confirm that a retention pond is on the schematic/plans. Mr. Lewis confirmed that there is a retention pond in the plan. Council Member Williamson asked Mr. Lewis if a mini-storage business at that location is appropriate. Mr. Lewis confirmed that it is and is in the B-3 zoning district. Council Member Worley asked about the exterior material on the building. Mr. Tripp came forward and explained that it will be a metal building with perhaps a decorative finish Mayor Mann stated that no one else came forth to be sworn or affirmed for testimony and members of Council had no more questions. Mayor  by City Council.  on the building around the office area. Mann closed the Public Hearing at 6:55 pm.  9) BUSINESS  9.1) Discussion & Decision-P8Z#23-06-01-Special Use Permit-Tripp Engineering-Pleasant Plains Church Road-Mini Storage Units Mayor Mann asked the members of the Council if they wanted to have more discussion regarding PZ Case No. 23-06-01 pertaining to the request for a SUP for mini-storage units on Pleasant Plains Church Jimmy Clarida MOVED to approve the land use plan consistency  Road. There was no more discussion. statement for PZ Case No. 23-06-01. Helen B Holden 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) Mayor Mann read the Consistency Statement into the record, "This special use of the mini-storage unit(s) is consistent with the 2016 City of Whiteville Comprehensive Land Use Plan and of the City of Whiteville Zoning Ordinance for the following reasons: a. The comprehensive land use plan establishes a goal to use vacant buildings, underutilized land, and areas for adaptive use; and b. The City of Whiteville Zoning Ordinance allows for this use as a special use in the Highway Serving  Business (B-3). zoning designation."    Vickie Pait MOVED to approve the Findings of Fact for the special use  request for mini-storage units. Jimmy Clarida SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 WithersRavenel  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  9.2) Statement of Qualifications for Engineering. Design Services  Mr. Lewis explained to Council that staff is requesting that City Council approve the Statement of Qualifications submitted by WithersRavenel for Professional Architectural and Engineering Services for a new park development on the property formerly known as the Lewis Smith Shopping Center downtown. He explained that staff sent out notification for RFQ's in May with a June 30th deadline for submission by qualified engineering firms. He reported that staff sent notification directly to three (3) firms which included McGill & Associates, The Wooten Company, and WithersRavenel. Notification was also placed on various listservs through the UNC School of Government. He reported that staff received one (1) submission from WithersRavenel. He explained that the Statement of Qualification illustrates their ability to design and facilitate. Mr. Lewis reported that staff received notification that the City did not receive the $800,000, 0% interest loan from Brunswick Electric Membership Corporation and that staff is looking for additional funding through grants to facilitate any shortfall with funding. Brief discussion Emory Worley MOVED to approve to approve the Statement of Qualifications for Professional Architectural & Design Services  ensued.  submitted by' WithersRavenel. 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)  10) COUNCILCOMMENTS  Council Member Williamson commented that the Dixie Darlings, part of the Columbus Central Softball League, won the State championship earlier that day. He reported that his daughter is a member of that team. Council Member Worley asked about the paving machine. Council Member Holden and Mr. Currie advised thati iti isi in operation and doing good things.  11) REPORTS  11.1) Manager's Update  Mr. Currie reported on the following areas: 1) Mollies Branch Phase Il- He stated that pipe has finally been delivered for the remaining project and the City is working with the State for approval for the paving process on Caldis and Frazier Streets. He explained the grant has a clause about only paving back on the street what was cut for installation and the City must get a waiverlapproval for the City to pave the entire width of the streets, 2) Intergovermental Meeting He explained that the City has been asked to host the next intergovemmental meeting on August 28th. He reported that it will be at Vineland Depot and that Al Leonard will be sending out an invitations, 3) Budget Roll Over He reported that the FYE24 budget has been entered and the Finance department has a lot to do during this time period with year end closeouts and putting the new budget in place. He reported that Mr. Brown and his team have done a great job, 4) Staff Work Schedules He advised that members of the Council get calls regarding our staff coming in early. They are getting off around 2:30 or 3 pm depending on the amount of time they take for lunch, and 5) He reported on the cell service outage that occured earlier in the day. He asked that Mr. Lowder provide a briefing to Council. Mr. Lowder explained there was a fiber break in the Raleigh area and this caused a regional outage. He reported that the City did not lose service due to being a First Net  customer.    12) ADJOURNMENT 11, 2023 at 7:08 pm. Helen BI Holden SECONDED the motion. VOTE:7-0 (Unanimous) Nays: 0 Absent: 0  Vickie Pait MOVED to approve the adjornment of the regular meeting on July  Yeas: 7 (Terry, Mann, Jimmy Clarida, Tim Collier, Helen B Holden,  Vickie Pait, Kevin' Williamson, Emory Worley)   DAkp  TerryL. Mann, MAYOR Bonnje T.V  Lr