HITEV RLE 1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, January 24, 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, January 24, 2023, at 6:30 p.m., at 317 S. Madison Street, Whiteville, NC,  28472. 1) ROLLCALL 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; David Yergeau, Fire Chief; Hal Lowder, Emergency Services Director; Roger Lee, Building Inspector; Billy Hinz, Police Major; John Barkley; Janice Smith; Sally Galloway; Lisa Trosterud; Joseph Williams (The News Reporter); and Members of the Public Mayor Mann called the meeting to Order at 6:30 pm.  2) CALLT TOORDER  Mayor Mann welcomed Mr. Currie back into his role of City Manager and thanked Mr. Brown fors stepping in as Acting City Manager during his absence.  3) INVOCATION  Provided by Council Member Tim Collier. 4) PLEDGE OF ALLEGIANCE Led by Mayor Mann. 5) ADOPTION OF AGENDA Helen BI 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. January 10, 2023. Emory Worley SECONDED the motion. VOTE: 7-0 (Unanimous). Nays: 0 Absent: 0  Jimmy Clarida MOVED to approve minutes for the regular meeting held  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory' Worley)  7) PUBLIC ÇOMMENT NONE    8) PUBLIC HEARING  8.1) PubicHeating-BezoningP8Z422-11-01 Rezoning. 901 S. Madison St. (Former Lewis Smith,B-1(CentralE Business.o0-S/Open. Space). Mayor Mann Opened the Public Hearing at 6:32 pm. Mr. Lewis presented the application to Council explaining that City Staff had submitted a rezoning petition for the property located at 901 S. Madison Street, to be rezoned from B-1 to O-S. He reported that per Columbus County Tax records, the subject parcel is owned by the City of Whiteville. He explained that City Staff is working on multiple grant applications for open space and/or park to be proposed at the location int the future. He reported that consultants have advised staff that rezoning the property to Open Space (0-S) will strengthen application approval chances. He advised that rezoning the property to Open- Space removes commercial opportunity and land uses from potential scenarios for the property and shows the City's vested interest in returning the property back to its natural state. The plan also removes impervious surface from the floodplain. He explained that Staff has provided proper notice of the hearing, including mailed notice to the applicant and to adjacent property owners, advertised notice in the newspaper, and posted notice on site. He reported that the Planning Board recommended denial of the rezoning at their regular scheduled November meeting. Mr. Lewis reported that the property is one (1) parcel, Columbus County Property #4943 and is approximately +3.80 acres in size. The property is zoned B-1 where a shopping center was once located on the property. He explained that the property has historically been used for commercial purposes and was located in the floodplain prior to modern regulations pertaining to floodplain development. He stated that adjacent properties are. zoned commercial and the property is located in the Municipal Service District. He advised that the City wishes to rezone the property to return land located in the floodplain to its natural state. He explained that the proposed O-S zoning district is established as a district in which the primary use of the land is predominantly reserved for flood. control, future thoroughfare right-of-way, public recreation, community facility sites, airport approaches, natural or human-made bodies of water, forests and other similar open space uses. In promoting the general purpose of this chapter, the specific intent of this section is: (1) To encourage the preservation of, and continued use of, the land for conservation purposes; (2) To prohibit residential, commercial and industrial use of the land, and to prohibit any other use which would substantially interfere with the preservation of this district; and (3) To encourage the discontinuance of uses that would not be permitted as uses in the district. The dimensional standards of the lot are open space to create open space for flood control. Brief discussion ensued between Council Members Collier and Worley and with Mr. Lewis confirming that an amphitheater can be placed on the property and no commercial business can. be on the property. Council Member Worley asked if no commercial business is to be allowed why would Food Trucks be able to set up on the property. Mr. Lewis explained the Food Trucks are allowed by ordinance and for Special Events. Food' Trucks are not allowed to set Mayor Mann opened the floor for comments from the Public. Ms. Sally Galloway approched and stated that she and her family have a business at 909 S. Madison Street and is concerned that parking along the side of her building and. along Madison Street will be prohibited. She advised that she had paid a rental fee to the property's previous owner for customer parking and knows now with the City owning the property she has no legal right to customer parking. However, she stated the Master Plan willt tear up current parking spaces that her customers use. She stated that she has talked with other downtown merchants and they have the same concern. She stated that she has seen other people park on the property for downtown special events. She stated shei is concerned that her business will suffer without that parking area. Council Member Williamson stated that the Master Plan is a conceptual plan, not a final one. Ms. Galloway stated that she hopes the property is not re-zoned. Mayor Mann commented that the Master Plan is conceptual and not a final plan, there will be changes made to the Master Plan as the process moves forward. He stated that  up on the property at will.    Council desires for the property to look attractive sO to encourage visitors to the downtown area and bring more people to downtown special events. He advised that there is ample parking for the public  near Penn's Grill. Ms. Galloway disagreed. Mayor Mann closed the Public Hearing at6 6:51 pm 8.2) PupicHeanngeOrinance No. 2023-Z27-lextAmendments155.015. Defntions.5155.065. Table of Permitted Uses, $155.066, Notes to Table of Permitted Uses, Food Trucks Mayor Mann opened the Public Hearing at 6:52 pm. Mr. Lewis presented the application and explained that Staff has submitted a text amendment to increase the number of food trucks/mobile vendors allowed. He reported that the current number is allocation ten (10) food trucks and ten (10) mobile vendors. He advised that Staff proposes that a number "cap" not be set on food trucks or mobile vendors as long as all other requirements of the ordinance are met. He explained there other brief modifications to the ordinance as well regarding fire and building code. He reported that the Planning Board recommended unanimous approval of the draft ordinance at their regular scheduled December meeting. Discussion ensued with Council Member Holden asking how many permits had already been issued, Mr. Lewis reported that 4-5 permits were. issued for calendar year 2022. He advised that these permits are only valid for the calendar year. Council Member Williamson asked if the Planning Board had discussed the location and times for Food Trucks as well, Mr. Lewis stated they had not. Council Member Worley stated that he has a problem with the ordinance, wondering if it will work and who is going to monitor Food Trucks in the City. Mr. Lewis advised that Staff would to the best of their Mayor Mann opened the floor for comments from the Public. Ms. Lisa Trosterud approached and asked about being able to set up a Food Truck at the Sherif's department. Mr. Lewis advised that was a separate issue from the matter being discussed in the Public Hearing and he could discuss it with her the next day in his office. Mayor Mann closed the Public Hearing at 7:02 pm.  ability.  9) BUSINESS  9.1) Discussion & Decision-Rezoning. P&Z#22-11-01 Rezoning. 901S. Madison St. (Former Lewis-Smith Shopping. Center).from B-1 (Central Kevin Williamson MOVED to approve. the adoption of the Statement of Plan Consistency and Reasonableness for PZ Case No. 22-11-01.  Business)to O-S 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) Mr. Lewis read the Statement of Consistency and Reasonableness into the record: Statement of Plan Consistency and Reasonableness: The future land use map identifies the subject site as commercial. However, the property is located in the floodplain and the city has experienced significant flooding with hurricanes Matthew and Florence. The location of the subject parcel is within the designated 100 year floodplain. Development may take place within the Special Flood Hazard Area, provided that development complies with local floodplain management ordinances. Development within the floodplain occurred before local flood prevention ordinances were adopted and enforced allowing the developments to be more, prone to flooding even in a minor event. Land Use Plan goals and policies state preserve sensitive environmental and natural resources lands, while establishing conservation areas through the dedication and expansion of public open space, greenway, and parks.. The proposed rezoning would encourage removal of buildings which are considered repetitive loss structures by the floodplain prevention ordinance and impervious surface allowing for land to be returned to a natural state. The proposed rezoning is reasonably consistent with the Land Use Plan and in the public's interest because it    is consistent with policies and strategies discussed. in Chapter 5 Natural Systems Goals and Policies with the Land Use Plan and return a sizeable property in the floodplain to open space preventing future Tim Collier MOVED to approve the rezoning for PZ Case No. 22-11-01 from Central Business (B-1) to Open Space (O-S) and to maintain as much as possible, parking adjacent to the property located at 909 S.  flooding in the downtown area.  Madison Street. 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)  9.2) Discussion & Decision-Ordinance No. 2023-Z-27-Text Amendment $155.018.Defintions. $155.065, Table of Permitted Uses.5155.066. Jimmy Clarida MOVED to approve the adoption of the Statement of Plan Consistency and Reasonableness for PZ Ordinance No. 2023-Z-  Notes to Table of Permitted Uses, Food Trucks Kevin' Williamson SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  27.  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley) Mr. Lewis read the Statement of Plan Consistency and Reasonableness for PZ Ordinance No. 2023-Z-27: Per the Land Use Plan, Chapter 8, Land Use Policies and Strategies, recommends the review of 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 byt the City of Whiteville andi is in the public's interest at this time. Jimmy Clarida MOVED to approve the adoption of Ordinance No. 2023-  0-88. VOTE: 5-2  Tim Collier SECONDED the motion. Holden, Vickie Pait) Absent: 0  Yeas: 5 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Nays: 2 (Kevin Williamson, Emory Worley)  9.3) Consideration for Resolution No. 2023-R-153, Acceptance of Property. Located at 414 W. Main Street, Targeted by Rebuild NCI Buyout Mr. Lewis presented this item to Council. He explained that 414 W. Main Street has been included in the Rebuild NC Buyout Program and the owner has accepted their offer. He explained that Staff is requesting that the property be accepted by the City through Resolution No. 2023-R- 153. He reported that Mr. Paul McMillan is the owner oft the property 414 W. Main Street. The fair market value of the property was determined to Vickie Pait MOVED to approve Resolution No. 2023-R-153 accepting property at 414 W. Main Street, targeted by Rebuild NC Buyout  Program through Resolution.  be $7500. Program.. 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)  9.4) Consideration for Ordinance No. 2023-0-88, Amending. CityCode Section4 42.22 and FY22-23 Posllon/Classiication! PlanAmendment#2 Mr. Currie presented this item to Council. He explained that Staff is requesting that City Council approve Ordinance No. 2023-0-88 which amends Section 42.22 of the City Code pertaining to the compensation for auxiliary police officers. He stated that historically, the City has not    compensated auxiliary police officers but believes monetary compensation will help to recruit and maintain auxiliary police officers in the City. He added that Worker's Compensation insurance has always been provided to these officers and shall remain in effect. He advised that should Council approve Ordinance No. 2023-0-88, the City's FYE22-23 Postion/Classlfication Plan will need to be amended also (Amendment #2). This document is part of the annual budget ordinance and should coincide with the City's ordinance. Brief discussion followed. Vickie Pait MOVED to approve the adoption of Ordinance No. 2023-0- 88 and FY22-23 Posilon/Clasification Plan Amendment #2.  Tim Collier SECONDED the motion. VOTE:7-0 (Unanimous) Nays: 0 Absent: 0 Law &, Justice Academy.  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  9.5) Consideration to Donate a Police Vehicle to the Whiteville High School Major Hinz presented this item to Council. He explained that Staff is requesting to donate a 2013 Dodge Charger unmarked police vehicle to the Whiteville High School Law & Justice Academy. The VIN# 2B3A/4CT2AH166422 and the odometer reading is 123,726. The approximate value of the vehicle is $9,000. He advised that keeping the cari for repairs was not cost effective. Brief discussion ensued. Vickie Pait MOVED to approve the donation of a police vehicle to the Whiteville High School Law & Justice Academy, VIN#  2B3AA4C12AH166422 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)  9.6) North Carolina League ofl Municipalities (NCLM).S SafetyGrant Award Chief Yergeau presented this item to Council. He explained that the NCLM has notified the City that a grant award the RMS Safety Grant, which was applied for in November of 2022, has been awarded. He explained that the items applied for in this grant were for 14 ballistic vests for placement on fire apparatus. He added that through this grant award, the NCLM will pay up to $5,000 of the cost of the grant items. The total cost for vests was quoted at $18,081. He asked Council to Jimmy Clarida MOVED to approve the acceptance of the NCLM Grant  accept the grant award. Award. Helen BI Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 Firefighters Grant). Application  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin' Williamson, Emory Worley)  9.7) Consideration for the Submittal of the 2022 FEMA AFG(Assistance to Chief Yergeau presented this item to Council. He explained that Staff is requesting City Council to authorize the submittal of the 2021 FEMA AFG Grant. He reported. that the primary goal of the Assistance to Firefighters Grant (AFG) is to meet the firefighting and emergency response needs of fire departments and non-affiliated emergency medical service organizations. He added that since 2001, AFG has helped firefighters and other first responders obtain critically needed equipment, protective gear, emergency vehicles, training and other resources necessary for protecting the public and emergency personnel from fire and related hazards. He explained this grant is 95/5 percent match grant, with FEMA covering 95% of costs and the city provides 5% oft the cost. He stated that the equipment being requestedi in this grant is hydraulic rescue tools, lift bags, and stabilizing struts. He explained that these tools are used to cut and assist in removing victims from motor    vehicle crashes and machinery, if they need to be extricated. The cost of these tools is $50,405. Ift the Cityi is awarded this gran, the City's cost would be $2,520. Brief discussion ensued. Jimmy Clarida MOVED to approve City Manager and Fire Chief to submit required documentation for FY22. AFG Grant. 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)  9.8) Consideration for EY2022-23Budget Amendments 5-7  Mr. Brown presented this item to Council He explained that there are three (3) FY2022-23 Budget Amendments (#5 FEMA AFG grant, #6 NCLM Grant for vests, and #7 Transfer of ARP funds) for Council's consideration and will establish two grant award project funds and appropriate the required matching funds. He reviewed each of the three Vickie Pait MOVED to approve FY2022-23 Budget Amendments 5-7.  budget amendments. Brief discussion ensued. 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)  10) COUNCIL COMMENTS  Council Member Collier inquired about patching Williamson Street, Mr. Currie advised that he would discuss it with Mr. Faulk (Public Works Director). Council Member Williamson stated that the Rec Center looks nice and that Parks and Recreation staff are to be commended on a job well done this past weekend relating to the basketball event at the Rec Center. Council Member Holden asked if the new concession stand at the park is operational. She had been told that food was being cooked in the building but without a hood. Mr. Currie advised he would discuss with Mr. Spivey to ensure there is a hood in the kitchen and all is compliant. Mayor Mann reported that he had received a call from a citizen about a food truck parked at Walmart and was discharging water onto the pavement. He stated that the complaint is heresay at this point but wanted Staff to look into it. Mr. Currie advised that Staff would follow up on the matter. Mayor Mann stated that he is glad to have Mr. Currie back and doing well.  11) REPORTS  11.1) Manager's Update happy to be back.  Mr. Currie reported that he is back to work as of January 17, 2023 and City Council received written monthly departmental reports for December 2022 from the following departments: City Clerk, Economic Development & Planning, Fire, Human Resources, Parks and Emory Worley MOVED to approve the adjournment of the regular meeting on  11.2) Monthly Departmental Reports for December 2022.  Recreation, Inspections, Police, and WWTP.  12) ADJOURNMENT  January 24, 2023 at 7:42 pm. 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)  TerryL L. Mann,      T.  bmiE  FERI    Statement of Plan Consistency andf Reasonableness  P&Z#22-11-01: For Approval:  The future land use map identifies the subject site as commercial. However, the property is located in the floodplain and the city has experienced significant flooding with hurricanes Matthew and Florence. The location of the subject parcel is within the designated 100 year floodplain. Development may take place within the Special Flood Hazard. Area, provided that development complies with local floodplain management ordinances. Development within the floodplain occurredk before localf flood prevention ordinances were adopted ande enforcedallowing the developments to be more prone toj flooding even in a minor event. Land Use Plan goals and polices state preserve sensitive environmental and natural resources lands, while establishing conservation areas through the dedication and expansion of public open space, greenway, and parks.. The proposed rezoning would encourage removal of buildings which are considered repetitive. loss structures by thej floodplain prevention ordinance and impervious surface allowing for land to be returned to a natural state. The proposed rezoning is reasonably consistent with the Land Use Plan and in the public's interest because itis consistent with policies and: strategies discussed in Chapter 5 Natural Systems Goals and Policies with the Land Use Plan and return a sizeable property in the floodplain to open space preventing. future flooding in the downtown The adopted Fityre land Map identifies the subject parcel as commarfiali in the downtown area where the Land Use/Plani identifies as commercial and the central dojntown business districto as applicable. The propogedi rezoning is not consistent with the. Land Use Pidn andi is not reasonable ori int the public'sinterest because it removes potential commerce) from the downtown area.  ared. For Denial:  7 For: Agaihst  Terry  Ce  Bonnie  desNip  1-24-2023  (SEAL)  DATE:  1833    Ordinance No. 2023-Z-27: Statement off Plan Consistency: and Reasonableness a motion being made regarding the text amendment request.]  [This statement. is tob be readi into the record and a motion made toc adopt or reject this statement priort to (Motion toa approve) Per the Land Use Plan, Chapter 8, Land Use Policies and: Strategies, recommends the review of existing development ordinances and identify regulations ini needo of update or removal. Therefore, the proposed ordinance is consistent with the policies and strategies discussed in the Comprehensive Land Use Plan byt the City of Whiteville andi is int the (Motion to deny) Per the Land Use Pian, Chapter 8, Land Use Policies and Strategies, recommends the review of existing development ordinances andi identify regulations ini needo of update or removal. Although, thep proposed ordinance appears tobe consistent with the Comprehensive Land Use Plan by the gtyofWhiteville, the proposed ordinance is noti in the  public's interest att this time.  public's interest at this time. E6  For: 1 Against:  Terry Mann, Mayor  ATTEST:  Bennchillaf Bonnie Williams, City Clerk  mm.1-24-2073    ORDINANCE NO. 2023-Z-27 P&Z#22-12-01 TEXT AMENDMENT  CITY OF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE ADDING. AND AMENDING CHAPTER 155, SECTION(S) $155.018, DEFINTIONS, $155.065, TABLE OFI PERMITTED USES, $155.066, NOTES TO TABLE OF PERMITTED USES, FOOD TRUCK & MOBILE VENDORS, TO' TITLE. XVLAND USAGE OFTHE WHITEVILLE CODE OF ORDINANCES BY TEXT. AMENDMENT WHEREAS, the City of Whiteville is authorized to establish ordinances andi regulations relating tot the general welfare oft the community and proper land use and zoning practices; and WHEREAS, the Staffo ofthe City of Whiteville feel that the following additions willl better serve WHEREAS, the City ofWhiteville! Planning and Zoning Board, having! held ap public hearing on December 5lh, 2022, finds the amendments tol be consistent with the City of Whiteville's Land WHEREAS, the City of Whiteville City Council, having published notice on. January 12", 2023 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTIONL The Code ofOrdinances, TITLE) XV, by the amendment of Chapter 155, Section(s) $155.018, Definitions, $155.065, Table of Permitted Uses, $155.066, Notes to Table ofPermitted Uses, Food Trucks and Mobile Vendors. Deleted portion shall be indicated by! beld ggwrte and inserted texti in bold black underlinel highlight. Deleted portion shall bei indicated by! bok-blackstrikethrewghighigN and inserted texti in  the community and1 land use goals oft the City; and  Use Plan and recommends amending the Code of Ordinances; and and. January 19t, 2023, held aj public hearing on. January 24", 2023; WHITEVILLE, NORTH CAROLINA, THAT:  bold highlight underline: $155.0181 DEFINTIONS.  FOOD TRUCK a motorized vehicle with) power on board, refrigeration, food preparation MOBILE VENDOR- -a readily movablet trailer or motorized wheeled vehicle, currently registered witht the N.C. Division of Motor Vehicles, designed and equipped tos serve food, and ormobile car wash/detailing, pet grooming, tire sales or servicing, and/or sell locally grown produce or seafood. This definition is not inclusivet to all uses whichi may bei included asa mobile vendor and may be left tot the discretion oft thel Planning Director for interpretation. Mobile vendors do not include pressure washing for residential or commercial.  facilities, and usually room: for two (2) or four (4) employees.  Pagelofs Ordinance No. 2023-Z-27    $155.065 TABLE OFI PERMITTED USES. PERMITTED. AND CONDITIONAL USEI REGULATIONS  MISCELLANEOUS  Zoning Districts  RA-20 R-20 R-12 R-6 R-6 R-6- 0-I B-1 B-2 B-3 B-4 I-I I-2  MF MHP  S  Food Trucks/Mobile Vendors (See $155.066 (1(3))  P  P P  $1 155.066 NOTES TABLE OF PERMITTED USES.  (I)(3) Food' Truck/Mobile Vendors. Food trucks/mobile vendors shall bej permitted int the B-1, B-3, B-4, and 0&1 zoning designations subject tot the following standards:  (A)Permitting  A food truck/mobile vendor zoning permit shall be required prior to the operation ofa mobile vendor trailer or vehicle. A $500.00 commercial zoning permit willl be assessed to cover the costs associated with regulation of food trucks/mobile vendors. All food trucks/mobile vendor operators shall obtain af foodt truck/mobile vendor permit from the Planning Director on an annual basis. Aasfadeyatre permits-a diymalcadie, permits ata-atw-ww annual-basis-- This- Hmitexchadeyoblevedwserckspartiepatimgin peciaiysehedeidciessmCXerHewevent (2) A food truck/mobile vendor permit is valid through December 315 oft the year upon which the permit was issued. This permit shall be postedi ina a visiblel location ont the Food truck/mobile vendor operators shall have the signed approval oft the property owner for each location at which the vendor operates. This approval must be made available with thej permit application. Aj property may haver more than one (1) food (4). Ai food truck/mobile vendor operating as ai food truck shall provide documentation of approval from thel North Carolinal Department ofHealth. A valid! health permit must be maintained for the duration ofar mobile food truck vendor permit and shall be (5) Noj permit issued shall authorize: ai food truck/mobile vendor to operate on aj public right-of-way unless located ont the souths side of E. and W. Main St. with city (6) Food trucks operating int thel B-3 and O&I zoning designations must! bel located on  mobile vendor.  truck/mobile vendor ifspacing requirements are allowed. placed ina a visiblel location for publici inspection.  approval. (B)F Regulations  acreage of0.5 or greater for spacing requirements.  Page2of5 OrdinanceNo. 2023-Z-27    Mobile vendors not operating as food trucks are exempt from day and time regulations as long ast they! have obtained all local ands state permits. Food truckst to exclude mobile vendors shalll be allowedi in the B-1 and B-42 zoning districts where permitted on Thursday, Friday, and! Saturday during thel hours of3 p.m. until 10p.m. and on Sunday during thel hours of7 a.m. until 10p p.m. unless otherwise stated below with thei following restrictions. Foodt trucks to exclude mobile vendors shall be allowedi in thel B-3 and O&I zoning districts where permitted on' Thursday, Friday, Saturday and Sunday during the hours of7 a.m. until 10p.m. unless otherwise stated below with the following (1)Temporary connections to potable water are prohibited. Allplumbing ande eleetrieal commetiemsshal-beins asendane-ith-Siwsiae-BaingCese Temporary clectrical, plumbing, or other utility connections are prohibited. (2) Foodt trucks/mobile vendors shall only operate onj private property, unless they are included in a city, county, or state approved special event. Special ors scheduled events held at Vineland Depot or mayl havet food trucks/mobile vendors during (3) Foodt trucks operating during special, scheduled, city, county, or states sponsored events are exempt from operating procedures pertaining tol hours of operation and (4) Unless otherwise noted, no food truck/mobile vendor shall conduct business on any public right-of-way, sidewalk, upon any public roadi int the city, or on any property owned by the city; except for city approved special events. (5)A foodt truck/mobile vendor mustl have the followingf fire extinguisher on! board during hours of operation: minimum Class 2A, 10B, and Cr rated extinguisher. If food preparation involves deep frying, a Class K fire extinguisher must also be ont the truck. AMatiemalFire-Pekew-Aasveintionk --s.e ineludef fireewtingwishersand firesuppressien y-.--A All other applicable federal and state fire codes must be met. (6) At food truck/mobile vendor shall not operate as a drive-in window. Food trucks/mobile vendors shall only service pedestrian traffic, (7) Lighting shalll be such that minimizes the glare on roadways and surrounding (8)No signage shall be allowed other than signs permanently attached tot the motor (9)The noise level from the mobile vendor truck shall comply with the city'sr noise (10)No vendor shall remain ons site at one property for more than six (6) consecutive hours. Foodt trucks are only allowed to operate onl Mondays ifholiday falls on (11)Food trucks/mobile vendors shalll be positioned at least three-(3) fifteen (15) feet awayf from any firel hydrants, any fire department connection, utility box or vault. The mobile vendor truck shall not locate within any area oft the lot that impedes, endangers, ori interferes with] pedestrian or vehicular traffic. A food truck/mobile vendor shall not impede ingress and egress from driveway entrances, handicapped parking spaces and ramps, building entrances and exits.  restrictions:  scheduled events.  location excluding: zoning designation.  properties. vehicle. ordinance.  Monday pursuant to all other rules and regulations.  Page3ofs Ordinance) No. 2023-Z-27    (12)Af food truck/mobile food vendor shall be allowed in conjunction with aj permitted brewpub or taproom. Permitted brewpubs ort taprooms shall only be allowed one (1) food truck andi it must bel located on the same parcel as thel brewpub or taproom. Hours of operation for the food truck shall be 5p.m. until 12 a.m. (13)Regulations specific to food truck/mobile vendors aret the following: a) Thef food trucks shall be positioned atl least 100 feet from the customer entrance of ane existing restaurant during its hours of operation, unless the vendor provides documentation that the restaurant owner supports a closer proximity. b) At trashi receptacle shall be provided for customers. All associated equipment, including trash receptacles, must be within three (3) feet of the food truck. No liquid, grease or solid wastes may be discharged from the foodt truck. Absolutely no waste may be disposed ofi in tree pits, storm drains, the sanitary (1) The permit issued for the food truck/mobile vendor business may ber revokedi ift the vendor violates any oft thep provisions contained in this article. (2) Thel Planning Director or his designee may revoke aj permit ifhe or she determines thatt the mobile vendor's operations are causing parking, traffic congestion, or litter problems either on or offt the property wheret the usei isl located or that such use is otherwise creating a danger tot thej publicl health or safety. SECTION II. CONSISTENCY. Thep provisions oft this Ordinance are found tol be consistent SECTION! III. CODIFICATION. Thep provisions oft this Ordinance: shall be published as appropriate in the Whiteville Code ofOrdinances as soon as practicable. SECTION IV. SEVERABILITY CLAUSE. Ifa any section, part of provision of this Ordinance is declared unconstitutional ori invalid by a court of competent jurisdiction,' theni itise expressly provided andi iti ist the intention oft the City Council inj passing this Ordinance that 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 READ, CONSIDERED, PASSED AND APPROVED: at a regular meeting of the City Council of Whiteville, North Carolina, at which a quorum was present and whichy was held on the 24th day  sewer system or public streets. (B): Suspension and revocation ofp permit  with the City of Whiteville's Land Use Plan.  remain ini full force and effect.  immediately uponi its passage and publication accordingt tol law.  ofJ January, 2023. Votes: For 5 Votes: Against 2  CITY OF WHITEVILLE Page4of5 Ordinance No. 2023-Z-27    BY:_ es Wiloi  Terry L Mann, Mayor  ATTEST: BY:  City  RERMs  APPROVED AS TOFORM: Carlton F. Williamson Williamson, Walton & Scott LLP Attorey at Law 136 Washington Street Whiteville, NC:28472 910-642-7151  Pagesofs Ordinance No. 2023-Z-27    RESOLUTION: #2022-R-153  RESOLUTION OF ACCEPTANCE OF PROPERTIES TARGETED BY THE REBUILDNCBUYOUT PROGRAM WITHIN' THE. JURISDICTION OF THE CITY OF WHITEVILLE WHEREAS, on October 8-9, 2016, Hurricane Matthew devastated eastern North Carolina with record-breaking rainfall that created 1,000-year flood events that affected thej people, infrastructure, businesses, and schools ofe entire communities; WHEREAS, on September 7, 2018, Hurricane! Florence devastated centrala ande eastern) North Carolina with record-breaking rainfall that created 1,000-year flood events that further affected people, infrastructure, businesses, and schools ofn new and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has allocated Community Development Block Grant] Disaster Recovery funds (CDBG-DR)to the State ofl North Carolina undert the! Further Continuing: and Security Assistance. Appropriations. Act of 2017 (Public Law 114-254), the Consolidated. Appropriations Act of 2017 (Public Law 115-31), FAA Reauthorization Act of 2018 (Public Law 115-254) and the Additional Supplemental Appropriations for Disaster Relief Act of2019 (Public Law 116-20) for the purpose of assisting recovery int the most impacted and distressed WHEREAS, onl March 18", 2020t the City of Whiteville enteredi intoa a Cooperative. Agreement between thel North Carolina Department of Public Safety, Office ofl Recovery and Resiliency (NCORR) to assist NCORR in carrying out the Rebuild NC Buyout Program by accepting ownership of buyout properties damaged by Hurricane Matthew and Florence from program applicants to carry out strategic andl high-impact: activitiest tor mitigate disaster risks and reduce future losses; and WHEREAS, thel North Carolina! Department ofPublic Safety, Office of Recovery andl Resiliency (NCORR)! has negotiated the buyout of property identified as 414 W. Main St., Whiteville, NC: 28472 and is now requesting that the City accept ownership oft thei identified property ina accordance with the conditions outlined int thel Rebuild NC Buyout Program; and NOW THEREFORE BEI ITI RESOLVED by the Mayor and City Council oft the City of Whiteville, North Carolina, that the City of Whiteville does hereby accept they propertyi identifieda abovel hercin asi identified as 414 W. Main St., Whiteville, North Carolina and shall take all necessary measures necessary for acceptance ina accordance with the conditions outlined  and  previously: impacted communities; and  areas declared ar major disaster duet tol Hurricane Matthew andl Hurricanel Florence; and  int thel ReBuild NCI Buyout) Program.  This] Resolution shall bei inf full force and effect from and after. January 24", 2023.  Terry Minn, 45  Attest:  TIITI   Brni hilleng Bonnie Williams, City Clerk  1833    5165  KING  WALTER  POWELL'S ST  MAIN:  100Feet  Resolution No. 2023-R-153 414W. Main St. ReBuild NC Buyout Program    ORDINANCE NO. 2023-0-88  CITY OF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE ADDING AND AMENDING CHAPTER 42 AUXILIARY POLICE DIVISION, SECTION 22 SALARY ANDI BENEFITI ENTITLEMENTS WHEREAS, the City of Whiteville is authorized to establish ordinances and regulations relating NOW' THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTIONI. The Code of Ordinances, TITLE IV, Public Safety, by the amendment of Chapter 42, Auxiliary Policel Division, Section, $22, Salary andl Benefit Entitlements. $42.22 SALARKANDBENERENE#EENEELEMENTS COMPENSATION While undergoing official training and while! performing duties on! behalf oft thec city pursuant to orders ori instruction oft the Chief of Police, members oft the. Auxiliary Police Division: (A) Shall net receive any monetary payment for services rendered; and (B) Shall not be entitled for any full-time position benefits; and (C) Shalll be entitled to benefits under the State Worker's Compensation Act, being G.S. Ch. SECTION II. CONSISTENCY. The provisions oft this Ordinance is found to be consistent with the City of Whiteville's Land Usel Plan and any others strategies and policies. SECTION III. CODIFICATION All Ordinances and parts of Ordinances inconsistent herewith SECTION IV. SEVERABILITY CLAUSE. Ifanys 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 the intention oft the City Council inj passing this Ordinance that 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 READ, CONSIDERED, PASSED AND APPROVED ata a regular meeting of the City Council of Whiteville, North Carolina, at which a quorum was present and which was held on the 24h day  tot the general welfare of the community; and WHITEVILLE, NORTH CAROLINA, THAT:  97.  arel hereby repealed.  remaini in fullf force and effect.  immediately uponi its passage and publication accordingt tol law.  of January, 2023.  Pagelof2 Ordinance No. 2023-0-88    7 Votes: For_ Votes: Against D BY: Tlb Terryl L. Mann, Mayor  CITY OF WHITEVILLE  ATTEST:  BY: AME  APPROVED/ AST TOF FORM: Cariton! F. Williamson Williamson, Walton & Scott LLP Attomeya atLaw 136 Washington Street Whiteville, NC2 28472 910-642-7151  Page2of2. Ordinance No. 2023-0-88    CityofWhiteville! FYE23A Allocated Position/Ciasifcation' PlanA Amendment2  Positions/ Allocated FT PT Allocated Allocated- Non PT Non 0 0 0 o 0 0 0 0 0 0 0 0 0  rade  Position CityManager Police Chief Finance Director FireChief Planning Director/Office Manager Emergency Services Director Publicy Works (PW) Director HumanR Resources Director Parks&R Recreation Director Buildingl Inspector PoliceN Major Assistant Finance Director Cityc Clerk/Office Manager Economic Development Planner Police Lieutenant Polices Sergeant FireCaptain Accounting Technician!!! Master Police Officerill Firel Lieutenant MasterP Police Officerl ParksRecreation Coordinator PWA Assistant Director PWO Operations Manager Accounting Technician!l Lead Mechanic Master Police Officer FireEngineer PermitT Technician Policel Investigator Police Officer Utilities Crew Leader WWTP Operator!l Stormwater CrewLeader PavingCrewl Leader Accounting Technician! Mechanic Streets Crewl Leader WWTPF Pretreatment Coordinator ParksC Crewl Leader PoliceR Recordss Specialist  Minimum Maximum FLSAS Status Funded Funded Funded Funded  Exempt  $60,999 $90.124 Exempt $58.095 $85.832 Exempt $55.329 $81.745 Exempt $52.758 $76.717 Exempt $52.758 $76.717 Exempt $52,758 $76.717 Exempt $50.185 $74,145 Exempt $50.185 $74.145 Exempt $50.185 $74,145 Exempt $50,185 $74,145 Exempt $47.795 $70.614 Exempt $47.795 $70.614 Exempt $45.519 $67.251 Exempt $45.519 $67,251 Exempt $41,286 $60.999 Non-E Exempt $41,286 $60.999 Non- Exempt $39,320 $58.980 Non-E Exempt 0 0 $39.320 $58.980 Non-E Exempt $37,448 $55.329 Non-Exempt $37,448 $55.329 Non-Exempt $37,448 $55.329 Non-Exempt $37,448 $55,329 Non-E Exempt $37,.448 $55.329 Non-E Exernpt $35.664 $53496 Non-E Exempt $35.664 $53,496 Non-Exempt $35,664 $53,496 Non-Exempt $33,956 $50,185 Non-E Exempt $33.956 $50,185 Non-E Exempt $33,966 $50,185 Non-Exempt $33.966 $50,185 Non-Exempt $33,966 $50,185 Non-E Exempt $33,966 $50,185 Non-E Exempt $33,966 $50.185 Non-E Exempt $33,966 $50,185 Non-Exempt $32.348 $48.552 Non-Exempt $32,348 $48.552 Non-Exempt 48 $48.552 Non-Exempt $32,348 $48.552 Non-Exempt $32,348 $48,552 Non-E Exempt $32,348 $48,552 Non-Exempt  WasteWater Treatment (WWTP) Plant Director $52.758 $76.717 Exempt  24 24 23  .  Technicial Services Division Manager $45.519 $67.251 Exempt  0  0  Evidence Property Room Custodian $32,348 $48,552 Non-Exempt  16    4 12 2  Animal Control Officer WWTP Operator! Events Coordinator Stormwater Maintenance' Worker Streets Sweeper Operator UtilitiesN Maintenance Worker Water Meter Technician Paving Maintenance Worker Parks Maintenance Worker Street Maintenancel Worker Recreation Center Assistant Firel Inspector (PT) GeneralN Maintenance Worker (PT) PaidonCallF Firefighter (PT) Recreations Seasonal Worker Recreation Center Attendant AuxillaryP Police Officers(PT) Amendment2 2adoptedt this 240 dayof danuary, 2023 A L4 -Terry Mbop Bonniev Wiliams, Clerk e City  $29.341 $43.350 Non-E Exempt $79.341 $43.350 Non-Exempt $29.341 $43.350 Non-E Exempt $26.613 $39.320 Non-E Exempt $26,613 $39.320 Non-E Exempt $26,613 $39,320 Non-Exempt $26,613 $39.320 Non-E Exempt $26,613 $39.320 Non-E Exempt $25,345 $37,448 Non-Exempt 2 $25.345 $37.448 Non-Exempt $25,345 $37,448 Non-E Exempt $11/hr $16/hr Non-Exempt 0 $11/hr $16/hr Non-Exempt 0 $11/hr $16/hr Non-E Exempt 0 $11/hr $16/hr Non-E Exempt 0 0 $11/hr $16/hr Non-Exempt 0 $11/hr $16/hr Non-Exempt 0  0 o  10 32  83    CITY OF WHITEVILLE Budget Amendment FY2022-2023  Amendment# 5 Revenue Account XX-3400-0000 XX-3500-0000 Total Expenditure Account XX-5300-7400 Total JUSTIFICATION:  Current Budget  Increase (Decrease) 34,564.76 #$ 34,564.76 1,728.24 #S 1,728.24 36,293.00 #$ 36,293.00 Increase (Decrease) 36,293.00 $ 36,293.00 36,293.00 #$ 36,293.00  Revised Budget  Account Description FEMA Grant Proceeds Transfer In- Local Match  Current Budget  Revised Budget  Account Description Capital Outlay  The Department of Homeland Security awarded the City of Whiteville the Fiscal Year 2021 AFG grant for $36K. The grant  requires a: 5%1 matcha and willl beu used top purchase extricatione equipment.  REVIEWEDBY: APPROVEDE BY: at Whiteville, North Carolina. AFFIRMED! BY:  DATE: 124/23  Finance Director 16 & CityN Manager  DATE:_  thr/23  DULY ADOPTED this_ 3440 - dayof SAnuewyy 2023b by the Whiteville City Council  L/Mann, Mayor    ATTESTEDBY: lls    CITY OF WHITEVILLE Budget Amendment FY2022-2023  Amendment # 6 Revenue Account XX-3400-0000 XX-3500-0000 Total Expenditure Account XX-5300-7400 Total JUSTIFICATION:  Current Budget  Increase (Decrease) 5,000.00 #S 5,000.00 13,082.00 #S 13,082.00 18,082.00 #$ 18,082.00 Increase (Decrease) 18,082.00  Revised Budget  Account Description NCLM Grant Proceeds Transfer In- Local Match  Current Budget  Revised Budget 18,082.00  Account Description Capital Outlay  18,082.00 #$ 18,082.00  The NCLM awarded the City of Whiteville the Works Compensation Safety Grant for $18K. The grant requires a 72% match  andy willb beu used toj purchase ballistic vest for our Firefighters.  REVIEWEDBY: APPROVEDBY: at Whiteville, North Carolina.  -  DATE: 1/24/23  DATE:  vx/2s  City Manager  1  DULY ADOPTED this_ 24"2 dayof Jonuewry 2023 byt the Whiteville City Council  AFFIRMEDI BY: Aaw ATTESTEDBY: Bg  TemyMann, Mayor    CITY OF WHITEVILLE Budget Amendment FY2022-2023  Amendment# 7 Revenue Account  Current Budget  Increase (Decrease)  Revised. Budget  Account Description  Total Expenditure Account 80-6000-7430 80-9000-00XX 80-9000-00XX Total JUSTIFICATION:  Current Budget  Increase (Decrease) 1,729.00 13,082.00  Revised Budget  Account Description Capital Outlay FEMA AFGMatch NCLMY wC- Vest- Match  $1,120,000.00 e$ (14,811.00) $1,105,189.00  $1,120,000.00  #$1,105,189.00  Tranfers grant matching funds fort thel FEMA AFG grant for $2K andt thel NCLM' WCE grantf for $13K. REVIEWEDI BY: aK DATE:_ 1/24/23  Financel Director &e Cityl Manager  APPROVEDBY: at Whiteville, North Carolina.  DATE:_  sasl2s  DULY ADOPTED this_ 244h dayof_ SAnuary - 2023 by the Whiteville City Council  AFFIRMEDBY: H  TeryLMamn, Mayar City Clerk Nairp  ATTESTEDBY: sbrgl