HITEV  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, February 28, 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, February 28, 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; David Yergeau, Fire Chief; Emily Sarvis, Technical Services Manager; Kimberly Bullock, Police Records Specialist; Billy Hinz, Police Major; Jonathan Pickering, Police Officer; Christian Cribb, Police Officer; Marco Long II, Police Officer; Members of the Police Department and families of Police Personnel; Joseph Williams (The  News Reporter); and Members of the Public 2) CALL TOORDER By Mayor Mann at 6:30 pm. 3) INVOCATION Provided by Council Member Tim Collier. 4) PLEDGE OF ALLEGIANCE Led by! Mayor Mann. 5) ADOPTION OF AGENDA Helen B Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Tim Collier MOVED to approve the adoption of the agenda, as presented.  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 on February 14, 2023, as presented. Helen B Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Vickie Pait MOVED to approve the minutes for the regular meeting held  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, EmoryWorley)  7) PUBLIC COMMENT None. 8) PRESENTATION    8.1) Law Enforcement Recognition: Officer Jonathan Pickering  Chief Ipock presented the Intermediate Law Enforecement Certificate to Police Officer Jonathan Pickering. He explained that to be eligible for the Intermediate Law Enforcement Certificate, a law enforcement officer should meet the following qualifications: Meets the qualifications to receive a Professional Award; and has accumulated at least thirty-two (32) points and at least eight (8) years of creditable experience; or has accumulated at least forty (40) points and at least six (6) years of creditable experience; or has accumulated at least forty-eight (48) points and at least for (4) years of creditable experience; or has an Associate Degree from an accredited institution; has accumulated as least sixteen (16) points and at least four (4) years of creditable experience; or has a Baccalaureate Degree from an accredited institution; has accumulated at least eight (8) points and at least two (2)  years of creditable experience. No action taken by Council. 8.2) Police Badge Pinning.Ceremony  Chief Ipock announced that the Police department is honored to introduce the following new Police Officers to the Whiteville Police Department: Officer Christian Cribb and Officer Garland Long, II. Chief Ipock introduced and presented the police badge to Police Officers Christian Cribb and Garland Long. Ms. Kimberly Bullock administered the Oath of Office to Officers Cribb and Long with their family members  standing by their side. No action taken by Council.  9) PUBLIC HEARING  9.1) PupicHeanng.Orinance No. 2023-Z-28-Text Amendment-Chapter 154,Minimum Standards of Design.5154.085 Streets Mayor Mann Opened the Public Hearing at 6:35 pm.  Mr. Lewis presented the application to Council. He explained that Staff has submitted a text amendment application for amendments to Chapter 154 Minimum Standards of Design, Section 154.085, Streets. This amendment includes information regarding minimum design standards for subdivision streets. He advised that the Planning Board recommended approval at their February 6th, 2023 meeting. Council Member Worley asked if a typo was present in section C pertaining to the footage for a cul-de-sac streets with ribbon curbing or without curb and gutter in the chart. He stated that the draft ordinance specified 20 feet. Mr. Lewis reviewed the chart and agreed it was a typo, it should read 200 feet. Mr. Lewis advised that he would make the correction. Council Member Worley also inquired if drainage was included in the ordinance. Mr. Lewis explained that drainage is addressed in the City's There were no comments or questions from the Public. Mayor Mann Closed thel Public Hearing at 6:40 pm.  Stormwater Ordinance.  10) BUSINESS  10.1) Dmmmap-samoanma No. 2023-Z-28-Text, Amendment- Chapter 154.Minimum Standards of Design.5154.085. Streets Mayor Mann asked if any of the members of the Council had questions for Mr. Lewis. Hearing none, he asked the Council how they wanted to Emory Worley MOVED to approve Ordinance No. 2023-Z-28, with the correction pertaining to the footage for a cul-de-sac streets with ribbon curbing or without curb and gutter in the chart from 20 feet to 200 feet.  proceed.  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) Vickie Pait MOVED to approve. the Statement of Reasonableness and Plan Consistency related to Ordinance No. 2023-Z-28. Jimmy Clarida SECONDED ther motion. VOTE: 7-0 (Unanimous)    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 ofexisting 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 10.2) Consideration for the Submittal of the FY 2022 AFG SAFER (Staffing For Adequate Fire and EmergeneyResponse) Grant Application Chief Yergeau explained that he is requesting City Council to authorize the submittal of the FY 2022 FEMA AFG SAFER Grant Application. He explained that the FEMA AFG SAFER Grant provides financial assistance related to assisting fire departments with staffing capabilities tor respond to emergencies, assuring communities have adequate fire protection. He reported that if awarded this grant, the Whiteville Fire Department will be closer to meeting NFPA 1710 Standards. He advised that this grant has a performance period of three years and there is no cost sharing with the FY2022 SAFER Grant. The total cost for the grant, is estimated at $849,774, for the three year performance period. He advised that the only cost the City would be responsible for is the outfitting of the firefighters with uniforms, firefighting gear, and training. Vickie Pait MOVED to approve the City Manager and Fire Chief to submit the required grant application for the FY2022 AFG SAFER  Nays:0 Absent: 0  public's interest at this time.  Grant.  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)  10.3) GrantAgreement Between the Cityand GoldenLEAF Foundation Mr. Currie addressed Council regarding Golden LEAF flood mitigation grant funds and how they will be used for required surveying, design/engineering. environmental review, and permitting in order to advance from a schematic plan to a complete set of permit-level drawings for the Mollie's Branch restoration and infrastructure improvement project. He explained that several households in the area will benefit from this project. He advised that this funding is a 100% grant. There is no match required by the City. He advised that the amount of the granti is $249,880. Brief discussion followed. Jimmy Clarida MOVED to approve the attached Grant Agreement from Golden LEAF Foundation and allow the City Manager to sign the necessary documents during the grant administration. 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)  10.4) National League of CHes/N.CICongresiona City Conference Mayor Mann explained that this year the NLC's Congressional City Conference will be held March 26- 28, 2023 (Sunday through Tuesday) at the Marriott Marquis in Washington, DC. Typically, out-of-state conference travel has been no more than two members of City Council attend these types of meetings. Because of COVID-19 and electoral changes in the Council, staff is requesting that Council discuss the upcoming conference in order to see if any members have interest in attending, and if so, who, in order to make conference registrations and hotel reservations in a timely manner. Council Member Pait stated she 10.5) Consideration for the Proposed FY23-24 Budget Workshop Calendar  would attend. No action taken by Council.    Mr. Brown explained that Staff is requesting Council to consider and approve a proposed special meeting calendar for the purposes of holding FY23-24 budget workshops in preparation of the FY23-24 budget. He advised that Staff recommends that an hour and half be allocated for each special meeting. These additional meetings will allow staff to provide more in-depth information to Council on the inner workings of each fund within the budget. He reported that Staff has worked diligently over the last several years to develop planning documents and gather as much information as possible about the City's infrastructure and public safety needs. He stated that sharing this information with Council will provide staff guidance on how aggressive the City wants to be in renovating water, sewer and storm-water infrastructure as well as public safety. Brief discussion ensued. Terry Mann MOVED to approve the Proposed FY23-24 Budget Workshop Calendar for the following dates and each workshop to begin at 4:30 pm: March 14th (Public Safety), March 28th (Pay Study), April 11th (Parks and Recreation, Economic Development, Vineland Depot, and Inspections), April 25th (Enterprise Funds), and May 9th (Final  Budget Review). 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)  10.6) FYE2023 Financial Performance Review  Mr. Brown stated that the purpose of the Financial Review is to view the operating funds (revenues and expenditures), year end and forecast results compared to budget. He reviewed the following funds with Council: General, Sewer, Water, Sanitation, Powell Bill, WDDC, Stormwater, and' Vineland Depot. Discussion ensued.  No action taken by Council.  11) COUNCILCOMMENTS  Council Member Worley inquired of Chief Ipock's monthly departmental report regarding the population of Whiteville. Chief Ipock explained that the CALEA assessor pulled that number from the federal government. Mr. Currie explained that according to the 2020 US Census, the population did decrease. He added that the population numbers recorded with the State are higher than listed with Mayor Mann advised that he was approached by someone who has concerns that a smoke/vape shop in town is selling their products to minors. He asked if this type of businees is under the ALE enforcement jurisdiction. Chief Ipock confirmed that these busninesses are under ALE jurisdiction. Mr. Currie advised that the City can somewhat regulate these businesses regarding proximity to schools and churches through planning and zoning measures.  thei federal government. Brief discussion ensued.  Discussion ensued. 12) REPORTS 12.1) Manager's Update  Mr. Currie reported on thei following areas:  1. Lewis Smith Plaza He reported that a contractor has hauled topsoil on the property to level the ground and seeded it with grass. This is in preparation of the music concert Memorial Day weekend. The sign has 2. Mollies Branch Phase II He explained that crews are doing some cleanup along the lines that are already in the ground. They are seeding and cleaning up as they wait for some necessary materials to come in. The contractor has also made the bore under the rail bed. Over the next two weeks, crews will be crossing Madison Street and installing pipe down Frazier Street. This line is in the middle of Frazier Street. For that reason, it will be hard to have a lane open. The City will work with the owners of businesses along there to tryt to accommodate them. 3. Code Enforcement Group He reported that City staff will begin meeting monthly as a group to discuss code enforcement issues. This group will work to enforce various codes within the City ordinances. He advised that moving forward, Council may have to allocate funds for items to be cleaned or demolished, in addition to approving any type of  been removed as well.  enforcement prior.    4. American Flood Coalition He reported that Whiteville is now a community member of the American Flood Coalition. 12.2) Monthly Departmental Reports for January 2023. City Council received monthly departmental reports for the month of January in this agenda. Those reporting departments are City Clerk, Economic Development and Planning, Emergency Services, Finance, Fire, Human Resources, Inspections, Parks and Recreation, Police, and Vickie Pait MOVED to approve the adjournment of the regular meeting on  Wastewater Treatment Plant. February 28, 2023 at 7:30 pm. Helen BI Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  13) ADJOURNMENT  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden,  Vickie Pait, Kevin' Williamson, Emory Worley)  Mann, MAYOR alb 2p  TefryL.M Bohnie T. CITY    ORDINANCE NO. 2023-Z-28 P&Z#23-02-01 TEXTA AMENDMENT  CITY OF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE ADDING AND AMENDING CHAPTER 154, SUBDIVISION REGULATIONS, SECTION(S) $154.085, MINIMUM DESIGN STANDARDS, SUBDIVISION: STREETS, TOTITLEXVLANDI USAGE OF THE WHITEVILLECODE OF ORDINANCESI BY1 TEXT AMENDMENT WHEREAS, the Cityo ofv Whitevillei is authorizedt to establish ordinances and regulations relating to theg generaly welfare ofthec community andj properl land usez and: zoning practices; and WHEREAS, the Staffo ofthe City of Whiteville feel thatt thef followinga additions willl better serve thec community andl landi use goals oft the City; and WHEREAS, the City of Whiteville Planninga and Zoning! Board, having! helda public! hearing on February 6", 2023 finds the amendments to bec consistent witht the City of Whiteville'sLand Use Plana andr recommends amending the Code ofOrdinances; and WHEREAS, the Cityo of Whiteville City Council, having published noticed on! February 161 and February: 231, 2023, heldap publich hearing on! February 28", 2023; NOW THEREFORE, BEI ITORDAINEDI BY1 THE CITY COUNCIL OF1 THE CITY OF WHITEVILLE, NORTH CAROLINA, THAT: SECTIONI. The Code of Ordinances, TITLEXV, by thea amendment of Chapter 154, Subdivisionl Regulations, Section(s) $154.085, Minimum) Design Standards, Subdivision! Streets. Deleted portion shall bei indicated byl App-A-.e andi insertedt texti in bold hlack underline highlight. SECTIONI II. CONSISTENCY. Thep provisions ofu this Ordinance are found tob bec consistent witht the City ofV Whiteville'sI Land Usel Plan. SECTIONI I. CODIFICATION. Thep provisions oft this Ordinance shall be published as appropriate int the Whiteville Code ofOrdinances as soona as) practicable. SECTION IV. SEVERABILITY CLAUSE. Ifanys section, part ofp provision oft this Ordinance isd declared unconstitutional ori invalid! byac court ofc competentj jurisdiction, theni iti ise expressly provided andi itist thei intention ofthe City Councili inp passing this Ordinance thati itsp partss shall bes severable anda allo other parts oft this Ordinances shallr notb be affected therebya andt they shall SECTIONY V. PUBLICATION. ANDEFFECTIVE) DATE. This Ordinance shallt take effect immediately uponi its passage and publication according tol law. READ, CONSIDERED, PASSED AND APPROVED: atar regular meeting oft the City Council of Whiteville, North Carolina, atv whicha ac quorum was present andv which wasl held ont the 28tho day  remaini ini fullf force ande effect.  ofFebruary, 2023. Votes: For Votes: Against e  CITY OF WHITEVILLE  BY: TeHon Tony Mann, Mayor VIIN  ATTEST,  BYBrn 3-hillags  OrdinanceNo. 2023-2-28    Bonnie' T. Williams, City Clerk APPROVED/ AST TOFORM: CarltonF. Williamson Williamson, Walton& Scortl LLP Attorneyatlaw 136V Washingtons Street Whiteville,) NC28472 910-642-7151  Page2ofs Ordinance No. 2023-Z-28    Deleted portions shall bei indicated! byk aa-misneoNe" andi inserted texti in  bold highlight underline: $154.085 STREETS. int thec city.  MINIMUM STANDARDS OF DESIGN  Thef followings shall bec considered ther minimum standards of design fors streetsi ins subdivisions (A) General. Ine every news subdivision, thes street system shall conform tot thec city thoroughfare plan, ass specifiedi ing 14.004(B). Ina arcas wheret thet thoroughfare plan does not apply, streets shall bed designed andl located inj proper relation to existing: andj proposed streets, thet topography, natural features such ass streams andt treeg growih, publics safety and convenience andt tot the proposed use oflandt tob bes served byt thes streets. Allp proposed: streets shall providef for thea appropriate projection ofp principal streetsi ins surrounding areasa andp provider reasonable access fors surroundinga acreage tracts. Outside thec corporate limits, alls streetsr musto conform to all NCDOT minimums standards. Av written letter of compliance shall bes submitted tot the City Engineer or Director ofP Plannings showing? NCDOT approval. Thesubdviderofa nonresidential: subdivision ormajort thoroughfare shall provides strectsi ina accordancewith LF-toft thel North Carolinal Roads. Minimum Construction: Standards.. January 1.2000:or surrenta applicable North Carolinal Denartment ofTransnertations Standards: and the standards ofthis Ordinance, whichever: ares stricter in regard tos cach particulari item. (B) Right-of-way widths. Minimum street right-of- way widths shall bei in accordance with the  thoroughfare plan and shall notb bel lesst thant thef following: #aa-wiw. e-Minertherougharerbleet, -Residemtinkcolleeter-sleet, -bealreidemtialsintielstre-Sletsand 6-CuHesae:9Pies Roadway Type Minor Thoroughfare Local Street, not otherwises specified 60ft. Residential Collector Street Local Residential Street  Minimum Right-of-Way 70f 60ft. 50ft.exeent thats aminor subdivision: street may be40f.i ifserving3 3orf fewer parcelsor designated private street.  (C) Pavement widths. Minimum pavement width, measured from! back ofc curb tob back of  curb, shall not bel lesst thant thef following: #aramamiha 0)-Mimertheroughfare-Seet; B-Residentiakeoleeter:3Heet; -Lasairsiamtalsirete-eans -Ca-niia Roadway Tyne Minor Thoroughfare LocalStreet, nots otherwise specified Local Residential Strect Cul-de-sac  Strectsy with 44ft. 24ft. 22f, 222f Ordunance-No.2 Page3ofs 2023-2-28  Streets with! Ribbon Curb and Gutter 40ft. 20f. 20fL. 200ft.  Curb and Gutter Curbingo ory without    Strectswith 37ft.radius  Streetsy with Ribbon Curhs and Gutter 35ft.radius  Roadway Type Cwlde-sacturmaround ona anys street.  Curba and Gutter Curbing ory without  (D) Grades. Unless necessitated bye exceptional topography: and subject to thes approval ofthe City! Engineer andP Planning! Board, street gradess shall noth ben moret than 10%r norl lesst than 0.3% (1) Grades approaching intersections: shall note exceed! 5% fora distance ofnot! lesst than 100 (2) Street gradess shall bee established wherever practicable ins such a manner astoa avoid excessive grading,t thep promiscuous removal ofg groundo covera andt treeg growth andg general (3) Allc changesi in street grades shall be connected by vertical curves ofar minimum length equivalenti inf feett to 15t times thea algebraic difference int ther rates ofg gradesf forr major and: minor (E) Radiic ofcurvature. Where as street centerline deflection ofmoret than ten degrees occurs,a curve shalll bei introduced havinga aradius ofc curvature ont thec centerline ofnot lesst thant the  fectf from the centerline of thei intersection. leveling oft the topography.  thoroughfares,' and one-L halft thisr minimum for allo other streets.  following:  (1) Major thoroughfare: 5001 feet; (2) Minort thoroughfare: 300f feet;a and (3) Minor street: 150f feet. alls streets.  (F) Tangents. At tangento ofn notl lesst than 100 feets shall bep provided! between reverse curves on (G) Intersections. Streeti intersections: shall bel laid outi int thef following (1) Streets shalli intersect as nearlya asp possible ati righta angles, and nos streets shalli intersect any others streeta atana angle oflesst than7 750 degrees. (2) Intersections withr majort thoroughfares shall bea atl least 800f feet apart, measured from centerline too centerline. This requirement may bey waived byt thel Planning Board ifthe requirement would preventa aproperty ownerf frontingo onan major thoroughfare from! having (3) Streetj jogs with centerline offsets of less than 125 feets shall bey prohibited when thej jog lies wholly within thes subdivision, ands shall bea avoided wherever possiblec ont thee exterior (4) Propertyl lines ats streeti intersections: shall ber rounded witha ar minimum radius of20f feet. (H) Cul-de-sac. Permanent dead-ends streets or cul-de-sacs shall ber nol longert than 400 feet. In general, streets with one endy permanently closed shall bea avoided unless thec design ofthe subdivision: andt thee existing orp proposeds street systemi int thes surrounding areac clearlyi indicate thatat throughs streeti isr note essentiali in thel location oft thep proposed cul-de-sac. (I) Alleys. The Planning Board may requiret thes subdividert to construct alleys inc commercial ori industrial zoning districts. When soI required, orj proposed byt thes subdivider, alleyss shall conform to the followings specifications: (I) Right-of-way" width: 201 feet; (2) Propertyl liner radius ata alleyi intersections: 15f feet; and  access to thef facility. boundary ofthe subdivision.  (3) Minimum radiust toc centerline when deflection angle ofr more than ten degrees occurs: 35 ()) Street names. Street namess shall bes subjectt tot thea approval ofthe Planning Board, andi new names shall notd duplicate orb bes similart to existing strect names. Existing streetr names, however, (K) Private Streets. Privatestrects shalll be permitted only inn residential and multi-family  feet.  shall bej projected where appropriate.  Pagetols OrdinanceNo. 2023-Z-28    zoning districts  (I) Privatestreets: shallben privately maintained eitherbyanronerlys established Property Owners Association orin accordance with ar maintenance agreement, either ofwhich shall! be anproved by thel Planning Director or shalll be recorded with the Columbus County Register of Deeds. The Property Owners Association covenants or the maintenance agreement shall detail the maintenance responsibilities fort the owners ofall current and future properties abutting the private street, the deed book and page number of which shall be entered on the face oft the final plat prior to plat (2) Private streets shall ben permitted inaminors subdivision asf follows: (a) Private streets inaminors subdivision shall only ber permittedi int thel RA-20or (b) Private streets serving three (3) or fewer total parcels shall provide the required right-of-way and are exempt from surfacing requirements. (€) Private streets serving three or more parcels shall providet the required right- pf-way and shall bes surfaced witha minimum ofs six (6) inches ofc compacted (d). Private streets in minor subdivisions shall be completed prior to final plat (e) Private streets in minor subdivisions shall be exempt from sidewalk (3) Private streets may be permitted in major subdivision ifa approved by the City Council upon preliminary plat approval, provided that street maintenance be the responsibility ofar properly established Pronerty Owners Association be established prior tof final plat approval and be responsible for maintenance ofther privates streets (4) City Council may require that certain streets be dedicated as publics streets ifthey approximate rondwayss shown ons mpproved municipal, county, ors state transportation or land use plans or provide connectivity to adiacent properties or some other (5) Allprivates streets shall include access, utility and drainage casements over the full width and length of the private right-of-way for the benefit ofa all abutting property pwners. their heirs, successors, and assigns, ands shall allow and provides access atal! times topublic safety and utility personnel and to any other personnel on official (6) Restricted access gates (i.e. gated communities) must be explicitly granted by City Council upon Preliminary Plat Approve and publics safety and utility personnel shall be provided with a means ofi immediate access ata allt fimes. (I.)! Access Eusement. Ans easement created for the purpose ofprovidingy vehicularand/or pedestrian access. An access easement may serve no more than two primary structures. Any platcontaining: an access casements submitediotheCi forapproval shall include a signed access easement maintenance certificate detailing the maintenance responsibilities for such ensement or shall reference an executed maintenance covenantr recordedy with theColumbus County Registero of Deeds. Access gasements shall bean minimum of2 20 feet inj width and only one access casements shal! (2009 Code, 51 154.60)(Ord. passeds 5-1-1972; Ord. passeds 9-12-1995)1 Penalty, sees A  approval.  RA-20 (MH)zoning districts.  stone. approval. installation requirements. tothes satisfaction ofCity Council. substantial public benefit. Town! business.  hen permitted across anyl lot.  PageSofs OrdmnanceNo 2023-2-28