HITE EE 1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, October 25, 2022 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, October 25, 2022, at 6:30 p.m., at 317 S. Madison Street, Whiteville, NC,  28472. 1) ROLL CALL PRESENT: ABSENT:  Terryl 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; Doug Ipock, Police Chief; Robert Lewis, Planning Director; David Yergeau, Fire Chief; Hal Lowder, Emergency Services Director; Roger Lee, Building Inspector; Madison Ward, Economic Development Planner; Brandi King; Carol Caldwell!; Jimmy Spivey; Rebekah Benton; Cee Cee Creech; Travis Klondike and Andrew Fox via Teams (NCSU Coastal Dynamics Design Lab); Tatanisha Best; Robin Patterson; Pansy Smith; WECT TV6; Joseph Williams (The News  Reporter); Members oft the Public 2) CALL TO ORDER Call to Order by Mayor Mann at 6:30 pm. 3) INVOCATION Provided by Mayor Pro Tem Clarida. 4) PLEDGE OF ALLEGIANCE Led by Mayor Mann. 5) ADOPTION OF AGENDA Vickie Pait 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 Emory Worley MOVED to approve the minutes for the regular and closed session meetings held on October 11, 2022. 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 NONE    8) PRESENTATION  8.1) Request by Whiteville Junior Women's Club to Discuss Fees and Ms. Rebekah Benton (Whiteville Junior Women's Club - WJWC) addressed Council regarding the current fees in place to rent the Vineland Depot property for an upcoming Christmas event. She read the following prepared statement, "Whiteville Junior Woman's Club started Mistletoe Market with the committee that was known as Vineland Christmas. This committee was formed to bring back the Christmas feeling to downtown Whiteville. We as a civic league were asked among other leagues and clubs to plan an event during two weeks in December. We met with committee for the first two years of having this event in hopes that it would become a new tradition for our town; when this committee decided there wasn't enough interest to keep it going our club decided that we would continue as it become our major fundraiser for us to provide and give back to the community. The money that we raise during this event helps with providing scholarships for local high school seniors, once helped with depot and beautification when ran by the board." She stated that she had two requests for Council concerning the matter, 1) amend the rental fees for Vineland Depot property to what they were last fiscal budget year, and 2) provide the WJWC the non- profit rate quoted to them from last year. Council Member Pait advised that she felt the rates needed to be reviewed for the next fiscal year. Mayor Mann commented that the Depot is a money pit, though some help is available to the City by way of ARP funds. He explained that now that the City is the owner of the property, the City's goal is to operate Vineland Depot rentals as a business sO that profits can sustain the needed repairs and upkeep on the building without having to draw funds from the City's General Fund. He commented that he would consider asking staff to review the rates during budget preparation for the next upcoming fiscal year. After brief discussion, Mayor Mann suggested that ac consideration for reduction in rates for Vineland Depot be scheduled on the November 8, 2022 regular meeting agenda for review and consideration. Council Member Worley thanked the WJWC for coming to the meeting and that reducing rates for Vineland Depot is a tough decision for the Council. Ms. Bentor and Ms. Creech stated that they have a 'rolling' deposit to hold the facility for multiple years. Mr. Currie stated that he and Mr. Brown had discussed that practice and felt it should no longer be used due to accounting procedures. Council Member Williamson asked that it be reviewed as to whether the City owed a credit to the WJWC. Council took no action on the matter other than ask that the item be rescheduled for the November 8, 2022 regular 8.2) NCSU Coastal Dynamics Design Lab Update on the Whiteville Mr. Travis Klondike and Mr. Andrew Fox joined the meeting via Teams and updated Council on the progress of the NCSU Coastal Dynamics Design Lab project in our area. Mr. Klondike explained the components oft the project, 1) stream restoration, 2) infrastructure improvements, and 3) voluntary buyout zone with the focus areas being Mollies Branch and Downtown (components for this area are de-pave program and interior elevations). He described the project location for the Mollies Branch Stream Restoration, those areas are Washington, Williamson, Burkhead, and Lewis Streets, including Mollies Branch. He explained the flooding frequency for the project. He reviewed the final schematic plan and the public engagement process. He reported that this plan features approximately 5,100 linear feet of floodplain restoration, four roadway modifications, and an expanded area of constructed wetlands within the Central Middle School recreational complex. Mr. Klondike explained hydraulic modeling and provided a visual representation. He reviewed cost estimating and the grant application material. He stated that a grant from Golden LEAF Flood Mitigation Grant program in the amout of $249,880 is pending a request from the City Manager (later in this meeting) and a grant for $3,832,360 from FEMA BRIC (Building Resilient Infrastructure & Communities) is in progress. Both grants do not require a match from the City. He stated that in addition to the expanded voluntary buyout zone, administered by NCORR, is being offered to the most at-risk homeowners along Mollies Branch. He  Payment Regarding Vineland Depot  meeting. Floodprint    advised that cost estimates and seeking grant funding towards mitigation solutions is being pursued so to help reduce the impacts of flooding for community residents. The Council thanked Mr. Klondike and  Mr. Andrews for the presentation. No action taken.  9) PUBLIC HEARING  9.1) Public Hearing: Ordinance No. 2022-Z-26: P8Z#22-10-02-Mobile Mayor Mann Opened the Public Hearing at 7:05 pm. Mr. Lewis presented the application for PZ #2022-Z-26. He explained that had Staff initiated text amendment regarding Ordinance No. 2022- Z-26 regarding food trucks and mobile vendors to the City of Whiteville Code of Ordinances. Mr. Lewis explained that the Planning Board approved Ordinance No. 2022-Z-26 as presented with one modification. Mr. Lewis reviewed the content of the proposed ordinance with Council. Mr. Lewis advised that in the proposed ordinance, the last sentence needs to be remove in the definition for food truck (Section B.2). He added that the mobile vendor definition including car wash, detailing, pet grooming, produce, seafood, and etc types of businesses. He advised that the type of businesses excluded are pressure washing, residential or commercial, because those jobs are on site and not in a brick and mortar structure. He discussed the zoning districts (0-1, B-1, B-3, and B-4) which are the proposed zoning district for permitted uses. He discussed with Council that a food truck/mobile vendor zoning permit will be required prior to the operation of a mobile vendor trailer or vehicle. He advised that a proposed $500.00 commercial zoning permit will be assessed to cover the costs associated with regulation of food trucks/mobile vendors. He reported that the Planning Board recommended twenty-five food trucks/mobile venders be permitted. He explained that all food trucks/mobile vendor operators shall obtain a food truck/mobile vendor permit from the Planning Director on an annual basis. He explained that food truck/mobile vendor permits will be valid through December 31st of the year upon which the permit was issued. He reported that the permits shall be issued on a first-come annual basis. He reported that this limit excludes mobile vendors/food trucks participating in special, scheduled city, county, or state sponsored events. He explained that food truck/mobile vendor operators must have the signed approval of the property owner for each location at which the vendor operates. This approval must be made available with the permit application. He explained that a property may have more than one food truck/mobile vendor if spacing requirements are allowed. He explained that food trucks/mobile vendors operating as a food truck shall provide documentation of approval from the North Carolina Department of Health. A valid health permit must be maintained for the duration of a mobile food truck vendor permit and must be placed in a visible location for public inspection. Mr. Lewis stated that no permit issued shall authorize a food truck/mobile vendor to operate on a public right-of-way unless located on the south side of E. and W. Main St. with City approval. He explained that food trucks operating in the B-3 and 0&I zoning designations must be located on acreage of 0.5 or greater for Mr. Lewis explained that mobile vendors not operating as food trucks, are exempt from day and time regulations as long as they have obtained all local and state permits. He explained that food trucks, to exclude mobile vendors, shall be allowed in the B-1 and B-4 zoning districts where permitted on Thursday, Friday, and Saturday during the hours of 3 pm until 10 pm, and on Sunday during the hours of7 am until 10 pm, unless otherwise with stated with following restrictions. He advised that food trucks, to exclude mobile vendors, are allowed in the B-3 and 0&1 zoning districts, where permitted, on Thursday, Friday, Saturday and Sunday during the hours of 7 am until 10 pm, unless otherwise with stated restrictions. Mr. Lewis explained the specified restriction as (1) temporary connections to potable water are prohibited and all plumbing and electrical connections shall be in accordance with the State Building Code, (2) food trucks/mobile vendors shall only operate on private property, unless they are included ina city, county, or state approved special event; and that special or scheduled events held at Vineland Depot may have food trucks/mobile  Vendors/Food Trucks  spacing requirements.    vendors during scheduled events, (3) food trucks operating during special, scheduled, city, county, or state sponsored events are exempt from operating procedures pertaining to hours of operation and location excluding zoning designation, (4) unless otherwise noted, no food truck/mobile vendor shall conduct business on any public right-of-way, sidewalk, upon any public road in the City, or on any property owned by the city; except for city approved special events, (5) A food truck/mobile vendor must have the following fire extinguisher on board during hours of operation: minimum Class 2A, 10B, and C rated extinguisher and if food preparation involves deep frying, a Class K fire extinguisher must also be on the truck. All National Fire Protection Association (NFPA) standards shall be met to include fire extinguishers and fire suppression hood systems shall be maintained, (6) a food truck/mobile vendor shall not operate as a drive-in window. Food trucks/mobile vendors shall only service pedestrian traffic, (7) lighting shall be such that minimizes the glare on roadways and surrounding properties, (8) no signage shall be allowed other than signs permanently attached to the motor vehicle, (9) the noise level from the mobile vendor truck shall comply with the City's noise ordinance, (10) no vendor shall remain on site at one property for more than six consecutive hours and food trucks are only allowed to operate on Mondays, if a holiday falls on Monday pursuant to all other rules and regulations, (11) food trucks/mobile vendors shall be positioned at least three feet away from any fire hydrants, any fire department connection, utility box or vault. The mobile vendor truck shall not locate within any area of the lot that impedes, endangers, or 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, (12)af food truck/mobile food vendor shall be allowed in conjunction with a permitted brewpub or taproom. Permitted brewpubs or taprooms shall only be allowed one food truck and it must be located on the same parcel as the brewpub or taproom. Hours of operation for thet food truck shall be 5 pm until 12 am, and (13) regulations specific to food truck/mobile vendors are the following: a) the food truck shall be positioned at least 100 feet from the customer entrance of an existing restaurant during its hours of operation, unless the vendor provides documentation that the restaurant owner supports a closer proximity, b) a trash receptacle shall be provided for customers. All associated equipment, including trash. receptacles, must be within three feet of the food truck, c) no liquid, grease or solid wastes may be discharged from the food truck. Absolutely no waste may be disposed of in tree pits, storm drains, the sanitary sewer system or public streets. After brief discussion, Mr. Lewis accepted questions from the Council. Council Member Worley asked for a clarification regarding the proposed maximum six hours per day. Mr. Lewis advised that the six hours must occur within the specified time frame per day. He also explained that the proposed permit fee is $500 per calendar year even if the food truck comes into the City for one day out of the year. Council Member Worley asked who will be responsible for policing food trucks. Mr. Lewis explained the various ways for policing, such as zoning violation process. Council Member Worley stated that he had concerns with food trucks setting up on the south side of /E. Main Street. Council Member Williamson asked what differentiates a mobile vendor and a food truck and why is the cap at twenty-five. Mr. Lewis explained that that was not really but the Planning Board proposed the number be increased from twenty to twenty-five. Mayor Mann stated that he and Mr. Lewis spoke briefly prior to the meeting and he suggested to Mr. Lewis that perhaps permits for food trucks and mobile vendors be separated rather than be shared. Mayor Mann stated his proposal is ten permits for food truck and ten permits for mobile vendors and moving forward increase the number if needed. Mayor Mann asked if there any other questions or comments the Council. Hearing none, he opened the hearing to the Tatanisha Best: Ms. Best stated that she is out of North Whiteville and wants to operate at food truck on her property, trying to get commercial out in North Whiteville on Hwy 701 North, right behind Arby's. She stated that she would be presenting this re-zoning request to the Planning Board in December. She asked why it has to be ten food  public.    trucks, is that only in the City limits or in different zones. Mayor Mann advised that outside of the City limits, it could be placed anywhere, except for the ETJ. Mr. Lewis concurred with Mayor Mann and stated that he and Ms. Best spoke earlier in the day and advised that she lives in an ETJ and operates in a residential neighborhood and has offered her a re-zoning application. Mr. Lewis reported that he had discussed with her that the requested re-zoning is a separate matter and public hearing and told her that most likely it would not pass. He also stated that operating in a residential neighborhood is not allowable. Mr. Lewis briefly discussed with Ms. Best that the $350 application fee is non- refundable and explained the process associated with requesting a re- zoning. Mr. Lewis explained that the proposed ordinance is not related to her potential re-zoning request. Council, Mr. Lewis, and Ms. Best reviewed the: zoning mapi to determine the location of her address in the ETJ. Mayor Mann provided comments to Ms. Best's discussion regarding having a food truck in a residential area. Mayor Mann explained that she could go outside of the ETJ into the county and set up there or anywhere in the proposed zoning districts in the City to operate pursuant to the stipulations in the ordinance. Council Member Williamson reminded her that the matter at hand is a public hearing and her re-zoning matter would have to go to the Planning Board with them forwarding a recommendation regarding the re-zoning to the City Council for a decision. Ms. Best asked that if she were to come into the City, she would have to get the permission of the properlylbusiness owner to set up and operate. Mayor Mann and Mr. Lewis stated she was correct and confirmed the proposed hours of operation for the zoning Robin Patterson: She expressed her concerns pertaining to the small number of permits that are being proposed, would that not discourage small businesses. She also expressed her concern regarding the proposed hours fort food trucks/mobile vendors when restaurants are not Pansy Smith: She asked if the ordinance passes as proposed, will the $500 permit fee be prorated. Mr. Lewis advised that as proposed, it would not be as iti is an annual fee, unless Council changes it. Jimmy Spivey: He thanked everyone for the progress being made regarding food trucks. He asked Mr. Lewis to point out the B-4 zoning district on the zoning map; Mr. Lewis identified the area as around the courthouse. He asked for clarification regarding the proposed hours of operation, from the downtown area. Mr. Lewis advised that the uptown and downtown are the same. Mr. Spivey reported that there are other food truck operators such as a coffee truck and a donut truck that make morning sales, what does the proposed ordinance do for them. Mr. Spivey stated that he felt the $500 fee is a little high while the biggest argument to him as always been that he does not pay property taxes, though on a personal level he is ok with it, as progress is being made. He commented that he and some other food truck operators could not make the Planning Board meetings because the meeting was scheduled mid-day while they were in operation. He commented on the amount of property tax paid by downtown restaurants as compared to the costs associated with operating a food truck and the proposed days of operations. He stated that he felt food truck operators will have to work half the amount of time with twice amount of fees. Mayor Mann stated that the Council and staff have tried to reach a compromise between the food truck operators and the downtown restuarant owners. Mr. Lewis advised that the proposed ordinance can be brought back to Council should it need review and changes. Mr. Spivey stated that most Whiteville restuarants are closed on Monday and did not understand why Monday's were not included in the proposed days of operation. He commended Council and staff for their efforts in establishing the proposed ordinance. Mr. Spivey briefly commented on Ms. Best's comments earlier regarding setting up in a residential area. He stated that' Wilmington and Leland have several neighborhoods such as al HOA that permit food trucks in those neighborhoods. Mayor Mann stated that he felt Wilmington and Leland are comparable to Whiteville. Mayor Mann Closed the Public Hearing at 7:32 pm. 9.2) Public Hearing: P8Z#22-09-01-413 S. JK Powell Blvd. R-6 (Residential) to B-3 (Highway Serving Business)  designations.  restricted.    Mayor Mann Opened the Public Hearing at 7:33 pm. Mr. Lewis presented the re-zoning application for PZ Case No. 22-09- 01,1 to Council explaining that. Jessie Pierce Jr. has submitted ar rezoning petition to rezone property at 413 S. JK Powell Blvd, from R-6 to B-3. He reported that per the Columbus County Tax records, the subject parcel is approximately 0.20 acres and is owned by Luvenia Hemmingway. He stated that this request is in conjunction with the US 701 highway widening project. Mr. Lewis introduced Ms. Brandi King who was representing the applicant at the meeting. Mr. Lewis stated that had discussed with Mr. Pierce the potential to discuss with other surrounding property owners so to have a larger re-zoning area and then doing a recombination. Mr. Lewis reported that Mr. Pierce is in the process of possibly making those contacts. Mr. Lewis stated that he thinks there is a lot of commercial prospect for that parcel. He stated that the property is located approximately 2001 feet from JKI Powell Blvd. Mr. Lewis referred the comprehensive transportation plan which states that segment is a high volume roadway, with traffic volume exceeding 25,000 cars per day. Mr. Lewis advised that he thinks in the summer months, there will be more than the 25,000 cars per day indicated in the transportation plan. He explained that a six by three foot vegetative buffer would be required due to a surrounding residential area. He stated that staff has concluded that the requested rezoning is consistent with the future land use plan and is suitable and reasonable with the surrounding area due to it being adjacent to other B-3 parcels and the Highway 701 widening project. He advised that Ms. King was available for any questions Council might have. Mayor Mann asked if Council had any questions for Ms. King. Hearing no questions for Ms. King, Mayor Mann asked if the applicant can get more property and get it rezoned and what iti is zoned for the parking requirements for building, is the property large enough. Mr. Lewis stated that he brought that point up to the Planning Board. Mr. Lewis stated that he thinks that some type of small office buti it would be permitted based upon what is permitted in the B-3: zoning district. Mayor Mann asked Ms. King to tell the applicant that he wished he would strongly consider buying a piece of property directly to the south. Ms. King stated that she had talked with the applicant about that property and advised him that they needed to reach outt to the property owner(s). No other questions followed. Mayor Mann Closed the Public Hearing at 7:37 pm.  10) BUSINESS  10.1) Discussion & Decision: Ordinance No. 2022-Z-26: P&Z#22-10-02- Mayor Mann asked if anyone wanted to have additional discussion pertaining the matter of PZ 22-10-02 Mobile Vendors/Food Trucks. Hearing none, Mr. Lewis read the Consistency & Reasonableness Statement into the record, "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 by the City of Whiteville and is in the public's interest at this time." Jimmy Clarida MOVED to approve the Plan Consistency Statement for  Mobile Vendors/Food Trucks  Ordinance No. 2022-Z-26. 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) Mayor Mann stated that a decision needed to be made on Ordinance No. 2022-Z-26. Council Member Holden MOVED, SECONDED by Mayor Pro Tem Clarida to approve Ordinance No. 2022-Z-26 and pro- rate the fee. Brief discussion ensued. Council Member Williamson stated that he had a question about pro-rating the fee, is it just for this year or every year. Mayor Mann stated it would be just for this year and Council Member Williamson concurred. Council Member Williamson stated that he wanted a differentation between the number of permits issued between mobile vendors and food trucks, in addition to removing  the last sentence in the definition for food truck.    Kevin Williamson MOVED to approve a substitute motion approving Ordinance No. 2022-Z-26 with the following amendments, 1) pro-rate the $500 permit fee for the rest of 2022, 2) allowing for limit of ten (10) food truck permits and ten (10) mobile vendor permits to be issued on a first-come annual basis, and 3) removing the last sentence "Food trucks shall also be considered a mobile food vendor for the purposes of  this chapter". Helen B Holden SECONDED the motion. VOTE:7 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  10.2) Discussion & Decision: P8Z#22-09-01-413: S. JK Powell Blvd. R-6 (Residential) to B-3 (Highway Serving Business) Mayor Mann asked the Council if they wanted to have additional discussion, hearing none he asked that consideration be given to the Consistency & Reasonableness Statement and whether to approve or deny the request for re-zoning for the property located at 413 S. JK Powell Blvd. Mr. Lewis read the Statement regarding PZ #22-09-01 into the record, "The future land use map identifies the subject site as medium density residential. However, the Plan also identifies that the future land use designation is based on existing development patterns and not desired or expected development patterns. The location of the subject parcel along a major thoroughfare could be suitable for specific types of commercial development such as those permitted in the B-3 zoning designation. Land Use Plan policies include promoting infill in the City limits and identifying underutilized lands for adaptive reuse or development. The proposed rezoning would encourage development of an underutilized property for commercial use. The proposed rezoning is reasonably consistent with the Land Use Plan and is reasonable and in the public's interest because it is centrally-located along a major thoroughfare and, therefore, wellsuited for commercial." Kevin Williamson MOVED to approve the Consistency and Reasonableness Statement for PZ Case No. 22-09-01. Helen BI Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 #22-09-01. Kevin Williamson 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 Approve the rezoning request for PZ  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  10.3) Considerarion for a Request from Mr. Steve Smith: Letter of Congratulations for 50 Year Anniversary for Southeastern Oratorical Mr. Currie addressed Council reporting that Mr. Steve Smith has requested a signed letter from City Council which congratulates the Southeastern Oratorio Society in celebrating its 50th anniversary in 2022. Mr. Smith relayed in his request that the letter will be read/posted at their upcoming December 5th concert in Whiteville. Since 1972, thousand of singers, instrumentalists, donors, and audience members from throughout the region have enjoyed sacred, classical, and Broadway concerts provided at least twice a year. The mission of the Southeastern Oratorio Society, chartered in 1972, continues to be to perform the great oratorios and cantatas, and to offer the people of southeastern North Carolina the opportunity to do SO. All members of the Council agreed that they would each sign the requested letter. Emory Worley MOVED to approve the submittal of a signed letter of congratulations on behalf of City Council to the Southeastern Oratorio  Society    Society. 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)  10.4) Consideration for the WithersRavenel Contract- Proposal NC Land & Mr. Lewis presented this matter to Council. He explained that the City is preparing an application to submit to the NC Land and Water Fund. There is approximately $15,000,000 in funding available through NCLWF, and 25-30 applications are expected to to be received. The City isr requesting $4,000,000 in the this application submission. He advised that staff is requesting approval of the proposal for WithersRavenel to prepare and submit the grant application on behalf of the City. Brief discussion ensued. The contract total to work and coordinate with city staff to submit the application is $5,000. Mr. Lewis explained that per the consultants, the City has a strong chance to receive funding. Vickie Pait MOVED to approve a contract proposal submitted by WithersRavenel to submit a grant application for the City of Whiteville  Water Fund Application Submission  for the NC Land and Water Fund. Jimmy Clarida SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 Leaf Foundation Grant  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  10.5) Consideration for an Approval for the City of Whiteville Apply for Golden Mr. Currie presented this matter to Council. He explained that this matter is related to the application for funding to conduct engineering for the Mollies Branch Drainage project that was discussed by Mr. Klondike and Mr. Fox earlier in the meeting. It is the sister grant to which the City has applied for to NC Emergency Management funds. There is a match for the NCEM grant, this grant will perform as the match, if the Golden LEAF Grant is funded. Brief discussion followed. Kevin' Williamson MOVED to approve the submission for the application to Golden LEAF for $249,880 for engineering costs associated with  Mollies Branch drainage project. Tim Collier SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 Transformation Grant  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait, Kevin Williamson, Emory Worley)  10.6) Consideration for an Updated Resolution NC Commerce Downtown Mr. Lewis presented this matter to Council, he explained that staff is requesting that City Council approve an updated resolution so that staff can submit an updated application for the NC Commerce Downtown Transformation Grant, before the November deadline. He reminded Council that they approved a resolution in April for the submission of a May application. The City did not receive funding during this round of funding, but was invited to submit a second application before the November deadline. He reported that staff is requesting approximately $950,000 from NC Commerce for the Rural Transformation Grant. Vickie Pait MOVED to approve Resolution No. 2022-R-152, an updated resolution to a grant application for the NC Commerce Downtown  Transformation Grant. 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)    11) COUNCIL COMMENTS  Mayor Pro Tem Clarida commented about tires on the corner of MLK and Main Council Member Pait asked about what happens to out of season flowers. Ms. Ward stated that once the flowers are out of season they are thrown away and replaced with flowers for the new season. Ms. Ward reminded her that the Council Member Williamson thanked everyone who came to the meetings, Council Member Collier asked about the activity on Mill Street. Mr. Currie reported that the work there is affiliated with the Phase II sewer project for Mollies Branch. Council Member Collier also inquired as to the status of improvements scheduled for West Whiteville Park. Mr. Currie reported that Mr. Spivey (Parks and Recreation Director) has bids in for the construction for the Council Member Worley asked about if Duke Energy will begin working on the utility poles in South Whiteville. Mr. Currie stated he would reach out to them. Council Member Worley also reported that Leaf n Limb has not been picked up on his street as well as others. Mr. Currie stated that Mr. Brown would reach out to GFL for an update and he would share that information with Council. Mayor Mann thanked staff for their time and efforts regarding the Food Truck  Street. Mr. Currie responded to his question.  flowers are annuals.  stating that their input has been valuable to the Council.  shelter so the project should begin soon.  ordinance. 12) REPORTS  12.1) Manager's Update  Mr. Currie reported on the following: 1) Mollies Branch Stormwater Project he stated that the Coastal Design Lab is moving forward with a grant application to complete improvements along Mollies Branch. This project will add storage capacity as well as remove blockages along the branch. Additionally, there are two grants the City is applying for, one is the BRIC grant and the other is a Golden LEAF grant. 2) Managers Meeting - the City hosted a regional Managers meeting on Friday October 21. He explained that there will be managers from all over Region o here to discuss various topics, and 3) Mollies Branch Phase II Sewer- he reported that this week, material is coming in for the project. Manholes and pipe has begun to arrive. In addition to his bi-weekly report, Mr. Currie advised that a bid opening is on Thursday (October 27th) for the StRAP project pertaining to the Soules Swamp clean-up. Mayor Mann advised that Ms. Pam Hardy is scheduling a ribbon cutting ceremony for the new substation. Mayor Pro Tem Clarida asked if the City would have a Halloween event this year. Chief Ipock reported that there will be one in the parking lot on Monday, October 31st beginning City Council received monthly reports for September from the following departments in their agenda packet: City Clerk, Economic Development & Planning, Emergency Services, Finance, Human Resources, Vickie Pait MOVED to approve the adjournment of the regular meeting on  at 6pm.  12.2) Monthly Departmental Reports for September 2022.  Inspections, Parks & Recreation, and WWTP.  13) ADJOURNMENT  October 25, 2022 at 8:01 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)  SITENVIT  Terry  FE  1833  Bonnie T.V Willams, CITY  akp    Ordinance No. 2022-Z-26  Statement of Plan Consistency and Reasonableness ar motion being made regarding the text amendment request.)  [This statement ist tol be readi into the record and a motion made toc adopt or reject this statement prior to (Motion to approve) Per the Land Use Plan, Chapter 8, Land Use Policies and: Strategies, recommends the review of existing development ordinances and identify regulations inr 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 andi is int the (Motiont to deny) Pert thèland Use Plan, Chapter 8, Land Use Polhgies and Stratègies, recommènds the review ofexisting development ordinances andi idèntify regulations in needo of update or) removal. Althoughthe proposed ordihgnce appears to be consistent withthe Comprehensiye Land Use Plan bythe City of Whitevile, the proposed ordinance is not inthe  public's interest att this time.  public's interegt at this time.  For_ 1 AgoinstD  fk Terry! Mann, Mayor  ATTEST:  ghles Bonnie Williams, City Clerk  IIITISIY Q 1833  DATEL_ 10359495    ORDINANCE, NO.2022-Z-26 P&Z#22-10-02 TEXT AMENDMENT  mn  CITY OF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE ADDING. AND AMENDING CHAPTER 155, SECTION(S) $155.018, DEFINTIONS, $155.065, TABLE OF PERMITTED USES, $155.066, NOTEST TOTABLE OF PERMITTED USES, FOOD TRUCK & MOBILE VENDORS, TO TITLE: XVLAND 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 of the community andj proper land use and: zoning practices; and WHEREAS, the Staffo of the City of Whiteville feelt thatt the following additions will betters serve WHEREAS, the City of Whiteville Planning and. Zoning Board, having helda a public hearing on October 3n, 2022, finds the amendments tol be consistent with the City of Whiteville's Land Use WHEREAS, the City of Whiteville City Council, having published notice on October 14", 2022 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF SECTIONI. The Code of Ordinances, 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 andl Mobile Vendors. Deleted portion: shall bei indicated by! bold MgEAere and inserted text in! boldu black underline highlight. SECTION II. CONSISTENCY. Thej provisions oft this Ordinance are found tol be consistent SECTION III. CODIFICATION. Thep provisions ofthis Ordinance shall be published as appropriatei in the Whiteville Code of Ordinances as soon as practicable. SECTION IV. SEVERABILITY CLAUSE. Ifanys section, part ofprovision oft this Ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, then iti is expressly provided andi iti is thei intention of the City Councili inj passing this Ordinance that its parts shall be severable: and all other parts oft this Ordinance shall not be: affected thereby and they shall  the community: andl land use goals oft the City; and  Plan and recommends amending the Code of Ordinances; and and October 215, 2022, held aj public hearing on October 25", 2022; WHITEVILLE, NORTH CAROLINA, THAT:  with the Cityo of Whiteville's Land Use Plan.  remaini in fulli force and effect.    SECTIONV. PUBLICATION. ANDI EFFECTIVE DATE. This Ordinance shallt take effect READ, CONSIDERED, PASSED. AND APPROVED. ata a regular meeting oft the City Council of Whiteville, North Carolina, at which ac quorum was present and which was held on the 25"day  immediately uponi its passage andj publication according tol law.  ofOctober, 2022. Votes: For 7 Votes: Against_ D  CITY OF WHITEVILLE  Moen BY: Tery Terry L. Mann, Mayor  ATTEST: BYb Bonnie 1. Williams,City APPROVED/ AS TOF FORM: Carlton F. Williamson Williainson, Walton & Scolt LLP Attomeya atl Law 136 Washingions Strect Whiteville, NC2 28472 910-642-7151  aMes    Deleted portion shall bei indicated by! bold-biaekesteikethrethresgl-highight and inserted texti in  bold highlightanderline $1 155.0181 DEFINTIONS.  POODFRLCKAOBIEFOOD.VENPOR-AM motorized- vehiele-y with power en board, refrigeration, food- preparation fneilities, and usually #o0n for up te fou (4)4 empleyees Foed trueks-shall- aise he considered 1 mobile- food vendor for the purpeses ef-this ehaptes FOODT TRUCK -an motorized vehicle with power on board, refrigeration, food preparation MOBILE VENDOR-ar readily movable trailer or motorized wheeled vchicle. currently registered with the! N.C. Division of Motor Vehicles, designed and equipped to serve food, and or mobile car wash/detailing, pet grooming, tires sales or servicing, and/or sell locally grown produce or seafood. This definition is not inclusive to all uses which may be included as a mobile vendor and may bel left to the discretion of the Planning Directorf for interpretation. Mobile vendors do not include pressure washing for residential or  facilities, and usually room for two (2) or four (4) emplovees.  commercial.  S 155.065 TABLE OF PERMITTED USES. PERMITTED AND CONDITIONALI 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-1 I-2 0-  MF MHP  S  Food Trucks/Mobile Vendors (Sec $155.066 (IX3))  B P  E P  S1 155.066 NOTES TABLE OFI PERMITTED USES.  ((3) Food Truck/Mobile Vendors. Food trucks/mobile vendors shall be permittedinthe B-1.B-3.B-4, and O&I2 zoning designations subiect to thei following standards: (I)Afood truck/mobile vendor zoning permits shall be required prior tothe operation of: a mobile vendor trailer or vehicle. AS $500.00 commercial. zoning permit will be assessed to cover the costs associated with regulation of food trucks/mobile vendors. Allf food trucks/mobile vendor operators shall obtaina food truck/mobile vendor permit from the Planning Director on an annual basis.  (A)Permitting    Alimit of ten (10) food truck permits and ten (10) mobilevendor permits.shall bei issued on a first-come annual basis. This limit excludes mobile vendors/food trucks participating in special, scheduled city, county. or state sponsored. events. (2) Af food truck/mobile vendor permit is valid through December 31" of they vear upony which the permit was issued. This permit shall be posted in a visible (3) Food truck/mobile vendor operators shalll have thes signed approval ofthe property owner for each location at which the vendor operates. This approval must be made available with the permit application. A property may havemore than one (1) food truck/mobile vendor ifs spacing requirements are allowed. (4)Af food truck/mobile vendor operating. as a food truck shall provide documentation of approval from the North Carolina Department of Health. A valid health permit must be maintained for the duration ofar mobile food truck vendor permit ands shall be placed in a visible location for public inspection. (5) No permit issued shall authorize: a food truck/mobile vendor to operateona public right-of-way unless located on thes south side of E. and W.J Main St.with (6) Food trucks operating in the B-3and O&T zoning designations must be located ona acreage of0.5 or greater for spacing requirements. Mobile vendors not opcrating as food trucks are exempt from day and time regulations as long as they have obtained alll local: ands state permits. Food truckst to exclude mobile vendors shall be allowed in the B-1 and) B-42 zoning districts where permitted on Thursday, Fridav, and Saturday during the hours of3p.m. until10 p.m. and on Sunday during the) hours of7a.m. until 10p p.m. unless otherwise. stated below with the following restrictions. Food trucks to exclude mobile vendors shall be allowed in the B-3 and O&1 zoning districts where permitted on' Thursday, Friday, Saturday and Sunday during the hours of7: a.m. until 10 p.m. unless otherwise. stated below with the following restrictions: () Temporary connections to potable water are prohibited. AlL plumbingand electrical connections: shall be in accordance with the State Building Code. (2) Food trucks/mobile vendors shall only operate on private property. unless they arci included in a city, county. or state: approved special event. Special or scheduled events held at Vineland Depot may have food trucks/mobile vendors (3) Food trucks operating during special. scheduled, city. county. or states sponsored events are exempt from operating procedures pertaining to hours of operation (4) Unless otherwise noted, no food truck/mobile vendor shall conduct business on any public right-of-way,: sidewalk, upon any public road in the citv.or onany property owned by the city: except for city approved speciai events. (5) A food truck/mobile vendor must have the following fire extinguisher on board during hours of operation: minimum Class 2A, I0B. and Crated extinguisher.f food preparation. involves deep frving, a Class K1 fire extinguisher must alsobe on the truck. All National Fire Protection Association (NFPA) standards shall be  location on the mobile vendor.  city approval. (B)Regulations  during scheduled events.  and location excluding zoning designation.    met toi include fire extinguishers and fires suppression hood systems shalll be (6) Af food truck/mobile vendor shall not operatea asadrive-in window. Food trucks/mobile vendors shall only service pedestrian traffic, 7). Lighting shall be such that minimizes thes glare on roadways and surrounding (8)No signage shall be allowed other than signs permanently attached to the motor (9)Thenoisel levelfrom the mobile vendor truck shall comply with thecity's.noise (10)No vendor shall remain on site at one property for more than six (6) consecutive hours. Food trucks are only allowed to operate on Mondays ifholiday fallson (11)Food trucks/mobile vendors shall be positioned atl least threc (3) feetaway from any fire hydrants. any fire department connection, utility box or vault. The mobile vendor truck shall not locate within any area of thel lot thati impedes. endangers. or 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. (12)A food truck/mobile food vendor shall be allowed in coniunction witha permitted brewpub or taproom. Permitted brewpubs or taprooms shall onlybe allowed one (I)food truck and it must be located on thes same parcel as the brewpub or taproom. Hours of operation for the food truck shall be 5p.m. (13)Regulations: specific to food truck/mobile vendors are the following: a) The food truck shall be positioned at least 100 fcet from the customer entrance of an existing restaurant during its hours of operation, unlessthe vendor provides documentation that the restaurant owner supports a closer b) Atrash receptacles shall beprovided for customers.. All: associated equipment, including trash receptacles. must be within three (3) feet of the food truck. C) Nol liquid, grease or solid wastes may be discharged from the food truck. Absolutely no waste may be disposed ofi in tree pits, storm drains, the (1) The permit issued for the food truck/mobile vendor business may be revokedif they vendor violates any of the provisions contained. in this article. (2) Thel Planning Director or his designee may revokea permit if he orshe determines that the mobile vendor's operations are causing parking, traffic congestion, or litter problems cither on or off the property where the useis located or that such use is otherwise creating a danger to the public health or  maintained. properties. vehicle. ordinance.  Monday pursuant to all other rules and regulations.  until 12 a.m.  proximity.  sanitarys sewer system or public streets. (B)Suspension and revocation of permit  safety.    Statement of Plan Consistency and Reasonableness  P&Z#22-09-01: For Approval:  The future land use map identifies the subject site as medium density residential. However, the Plan alsoi identifies that thej future landi use designation is based on existing development patterns and not desired or expected development patterns. The location of the subject parcel along a major thoroughfare could bes suitable for specific types of commercial development: such ast those permittedi int the B-3zoningo designation. Land Use Plan policies include promoting infilli int the City limits and identifying underutilized lands for adaptive reuse or development. The proposed rezoning would encourage development of an underutilized property for commercial use. The proposed rezoning is reasonably consistent with the Land Use Plan and is reasonable andi int the public's interest because it is centrally-located along a major thoroughfare and, therefore, well- suited for commercial development, and because itisi immediately adjacent to parcels developed  for commercial use. FQr Denial:  The adopted Future Land Adapi identifies the subject parcel as medium density residential, in an area wherèthe Land Use Plandoes not identify high intense commercial uses as desicable or districts as applicgble. The proposèdrezoning is not consistent with the Land Use Plan andignot reasonable or in the public's interest because it converts a residential use to a high intense  commercial use.  Z Against: 0  Tacsilbn Terry Mann, Mayor  TEST:  Bonniev Williams, ty-Clesk Bak  Dw/05'aeaa  EE    Golden LEAF A FOUNDATION  301 North Winstcad. Avenue, Rocky Mount, NC: 27804 Phone: 252-442-7474 Toll Free: 888-684-8404  www.çoldenleafors  Flood Mitigation Program Certification and Signature Form  Established. in 1999, Golden LEAFY was created (01 manage one-halfofNorth Carolina' ' share af finds from the Master Seltlement Agreement witht tobacco companles, The Foundatlon supports lobacco-depanden, economically distressed andlor rural communllles Ini North Carolina working lo transitlon lo more prosperous ands stable economles. The Flood Mitlgation Program  Is finded by state, finnds appropriated l0 Golden LEAR  Project Title Amount Requested Date Submitted (mm/ddlyyyy)  Whiteville Floodprint: Engineering Costs for the Mollie's Branch Stream  Restorationl Projcet $249,880.00  This fully signed form ist tol be uploaded asal required atfnchmentt to the online, Golden LEAF Flood Mitigation Progran application. The application is incomplete without all required aftachments outlined in thes application guidelines and checldist, and without sigunturesf froml By signing below, wes affirm that we are: authorized representatives and havet the authority tos aet ont behalf ofthe organization applying for this Golden LEAF grant. We further agree and acknowledge thet following: Thei information providedi int this material isc correct and complete; the funds granted by Golden LEAFV will ber used exclusively forc charitable, scientific, educational ore othert tax-exempl public purposes; and, requests for funding and alls supporting information submitled to Golden LEAF are subject tot the Public Records  fwo authorized officials of the appliennt organization. AGREEMENT and CERTIPICATION  istinunsamatiln Dencecpied,  Act, and therefore available for publici inspection.  For  City of Whiteville Applicant Organization  Signature Taepb  Date jo LITLOIZ Mann Lust  Name Title Signature Name Title  Terry Vist Mayor  Middle/initial  hc  Date 11 Currie Last  Darren First City Manager  L. Middie/initial    WithersRavenel Our Peapie Your Success. October 17,2022 Robert! Lewis, Director ofF Planning City of Whiteville 317S. Madison Street Whiteville, NC: 28472 RE: Proposal for Professional Services Whiteville, North Carolina WR Project No. 09220987.00  NCL Landa and Water Fund Flood Risk Reduction! Program Grant Application  Dear Mr. Lewis,  WithersRavene! isp pleased to provide this Proposal for Professional Services. We look forward toy working withy you ont this project. Ify youh have any questions or concerns about this proposal, please dor noth hesitate  toc call mea att the number listed! below. Sincerely, WithersRavenel laBiays Alice! Briggs Senior Technical Consultant, Funding Services Funding and Asset Management -salmaretrw P 2241411Aaa. 421.713/148  Attachment: Proposal for Professional Services  SHPMT P NC275 19459 mAIV meyawelen bwtA Me AN MN7-so KPmAN emIVwwe    WithersRavenet Our Peopte Vour Success.  City of Whiteville Whiteville, North Carolina Proposal for Professional Services  A. Project Description  This fee proposal is intended to provide the scope of services and associated fees to provide consulting services per request of City of Whiteville and formalize an agreement for the This proposali is based ont thep project! locatedi in Whiteville, North Carolina. Listed! belowi isas summary ofs several key aspects oft thep project! based on discussions andp preliminary research. Refer to the Scope of Services and Additional Services/Exclusions for further detailed Fort the purposes oft thisp proposala anda any subsequent: agreements thef olowingreferenceshala lapply:  implementation: andl logistics for these services.  information.  1. City of Whiteville shall bek known ast the" Client" oras" "City": 2. WithersRavenel: shall be known ast the' "Consultant"; The property and overall project shall bel known ast the' Project"; Thee executed proposal shall bel known ast the" Agreement"; NCI Landa and Water Fund shallb bek knowna as" "NCLWF."  The NCLWF Flood Risk Reduction Program isa a competitive grant program designed to assist local governments ina addressing flood! hazard mitigation. The Consultant will prepare al NCLWFI Flood Risk Reduction Grant Application for assistancei ini implementing the Lewis Smith Shopping Center Master Consultant will begin services immediately upon receipt of approval from Client. As NCLWF applications are due October 31, 2022, verbal approvali is required from Clientr nol latert than October 18, 2022, ands signeda agreement no latert than October 28,2022. The: application willr noth bes submitted Consultant will managet thef final assembly and completion oft the application, per the NCLWF Flood Risk Reduction program guidelines. Final application will be submitted electronically via the NCLWF Int the event that the Client elects to discontinue the NCLWF funding process and application for funding services, the Consultant agrees tot terminate requested services upon receipt oft the Client's written notification formally requesting cancellation. Consultant shall submit at final invoice based upon the work hours expended ande expenses incurred upt to the time ofr receipt ofs said notification. Anys services rendered prior tov written notice oft termination: shall bep paid inf fulll by Client.  Plan (Project). B. Timeline for Services  withouta a signeda agreement inp place. application portalv when the applicationi is complete.  NCLWF Flood Risk Reduction Application October 17.2 2022  WR Project No. 09220987.00.  Page 12    WithersRavenel gu Peopte Yont Scess Scope of Services the Agreement.  Consultant shall provide the services identified under each task below asi its' "Basic Services" under Task 1-1 NCLWF Flood Risk Reduction Application Preparation A, Confirm NCLWF Flood Risk Reduction Program requirements including all recuired ferms, assurances, and certifications for application. B. Represent the Cllent while working with program officials to qualify the project for Assist with providing information to NCLWF staff that supports the application forms. and work with Client officlals tog gather: alle data: andi informationi required, Clienty will be responsible for coordinating the technical information: and data necessary los support the application, Communicate witht the Client throughout the application preparation andi revlew process.  consideration.  Preparet thef finala application for submission, Providea at final copy of the application tot the Clty. D.E Exclusions/Aditional Services  Services thata arer noti included in Section Cora are specifically excluded from this Agreement shall be considered Additional Services and will be charged separately according to the Consultant's current Scope ofv work does noti include anya accounting services, legal fees, engineering, architectural, oro other expenses that are not specifically provided for in the above Section. The Consultant will furnish or obtain from others Additional Services if requested in writing by the Client and accepted by the Client will ber responsible for coordinating the technical information and data necessary tos support During the performance oft the Consultant's services undert this Agreement, the Client will: Provide anyi information needed toc complete the Project. 2. Examine alli information and other documents presented by the Consultant and render in writing decisions pertaining thereto withina ar reasonable periods soa as nott to delayt thes services 3. Give prompt written notice to the Consultant whenever the Client observes or otherwise Provide authorization for WithersRavenel to file the application to NCLWF on the City's  rate/fee schedule. Consultant. Client Responsibilities the application.  ofthe Consultant.  becomes aware ofa any defecti int the Project. behalf, through execution oft this agreement. Handler matters requiring an attorney atl law.  NCLWF Flood Risk Reduction. Application October 17.2022  WR Project No. 09220987.00.  Page/3    WithersRavenel Guri People Vour: Stccass. F. Compensation for Services  Consultant proposes top provide the Basic Services outlined in the Scope of Services on al lump sum basis with budgets as shown below plus reimbursable expenses ina accordance with Exhibit II. The amounts set forth below have been determined based on the nature, scope and complexity oft the Project as represented int thei information provided to Consultant by Client prior tos submittal oft this  proposal; subsequent changes thereto may resulti ina additional fees. 1 NCLWF Flood Risk! Reduction Application Preparation  TaskNo. TaskName  Fee $5,000 $5,000  TOTAL  Invoices will bei issued monthly, based ont the percentage ofc completion for each lump sumt task and the hourly rate for Consultant personnel in accordance with Exhibit Ilf for hourlyt tasks, as accomplished duringt the! billing period. Payment is due upon receipt ofi invoice. The above fees are based on the estimated timelines noted in the Timeline for Services. Any adjustments tot those timelines may resulti ina additional fees. Thea attached Exhibitl I, Fee &E Expense Schedule, isb based on Consultant's rates as oft the date of this proposal and may be subject to change for hourlyt tasks and any Additional Services that occur after any adjustments tos suchr rates goi into effect.  NCLWF Flood Risk Reduction Application October 17, 2022  WRI Project No. 09220987.00.  Page14    WithersRavenel Oue! leopie Yo Success G. Acceptance  This proposali is valid for verbal approval until October 18, 2022, and signed approval until October 28, 2022. Receipto ofa ane executed copy oft this proposal wills serve ast the written Agreement between WithersRavenel and City of Whiteville. All Exhibits identified after the signature blocks below, including the Standard Terms and Conditions (Exhibit I)a and the Fee & Expense Schedule (Exhibitl II),  arei incorporated herein anda arei integral parts oft the Agreement.  OFFEREDI BY: At M Signature Amanda) Whitaker Name Director, Funding Services Funding &A Asset Management Title llia Signature Alice Briggs Name Senior" Technical Consuitant, Funding Services Funding &A Asset Management Title  ACCEPTEDBY: Cvort wE AET y6 TEPAYANN HAYOR  Dotalysgnedbymand Whitaker Date:2 2022.10.171 10:43:15 -0400  Name Title  DigitallysignedbyA Alice Driggs Bisss Date:2 2022.10.171 10:42:54 -0400  PREAUDIFSTATEMENT: This instrument has been preaudited in ther manner required! byt the Local  Government Budget and Fiscal ControlA Act (NC G.S. 159-28(a)).  Signature of Finance Officer: Printed! Name: Date: Attachments:  CEn Cabians bms la/25/2)  Exhibit I- Standard Terms and Conditions Exhibit II- Fee &E Expense Schedule NCLWF Flood Risk Redluction Application October 17.2022  WRI Project No. 09220987.00.  Page15    WithersRavenel EXHIBITI 1 Standard Terms and Conditions WithersRavenel, Inc.  Thep proposals submittedby WithersRavenel, INC "CONSULTANT)iss subject tot thef following terms ando conditions, whichf forma ani integral part ofthe Agreement. Byacceptingt the proposal, thes services, ora any partt thereof, the CLIENT agrees anda acceptst thet terms andc conditions outlinedb below: in accordance withp periodic invoices to CLIENT and a final 7. Change Orders: CONSULTANT will treat as a proposed change per annum) ont theo outstanding balance fromt the date of the give CLIENT written notice within ten( (10) days ofa acceptance of any CONSULTANT may, after giving 7daysv written notice tot the by others, or over methods ofc determining prices, or over competitive  Payment:  CONSULTANT: shallr make available to CLIENT copies of all plans and order any written or oral order (including directions, instructions, interpretations, ordeterminationsltronms CLIENT whichrequests changes in the Agreement or CONSULTANTS Scope of Services. IF CONSULTANT accepts thep proposedo change order, CONSULTANT will resultingi increasei InCONSULTANTSfees 8. Opinion of Cost/Cost Estimates: Since the CONSULTANT has no controlovert thec costo ofk labor, materiais, equipmento or servicesf furnished bidding or marketo conditions, anya anda all opinionsa ast toc costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of CONSULTANT'S experience and qualifications and represent its reasonable judgment as an experienced and qualified professional familiar witht thec construction industry: butt the CONSULTANT cannot and does notg guarantee thep proposals, bids or actual costsy willr not vary significantlyf fromo opinions ofp probablec costsp preparedbyit. Ifata anyt time the CLIENT wishes assurances as to thea amount of any costs. CLIENT shalle employa ani independent coste estimator tor makes suchd other than the CLIENT and CONSULTANT, and all duties and responsibilities undertaken pursuant to this Agreement will be fort the for the benefit of any other party. Neither the CLIENT nor the CONSULTANT shall assign, sublet, or transfer any rights under or interests in this Agreement without thev written consent of the other, whichs herein shalln shall notb prevent be unreasonably or restrict withheld. the CONSULTANT However, nothing from employing contained independent subconsultants as the CONSULTANT may deem appropriatet toa assisti int thep performance ofs servicesh hereunder. CLIENT agreest tor notifyt thes site owner oft thep possibilityo of unavoidable defend, and hold harmless CONSULTANT against any claims by the CLIENT, thec owner oft thes site, or persons having possession oft thes site 12. Survival:A Allof CuENTsobligations: andli liabilities, including! butn not 13. Termination: Either party may terminate the Agreement with or without cause upon ten (10) days advance written notice, ift the other partyl hasn noto cured or taken reasonable steps to cure thet breachg giving terminates without cause or if CONSULTANT terminates for cause, commitments, andf fees earnedt to thec date of termination andt through demobilization, including any cancellation charges of vendors and subcontractors.: as wella as demobilization costs.  ) TheCLIENT willpay CONSULTANT fors servicesa ande expenses invoice upond completion of thes services. Eachk invoice is due andp payablei inf fullu uponp presentation to CLIENT. Invoices are past due after 30 days. Past due amounts are subject to interesta atarateofo one ando one-halfp percentp pern month(18% Ifthe CLIENT fails to make payment to the CONSULTANT within 45 days after the transmittal of an invoice, the CLIENT, suspend services under this Agreement until all amounts dueh hereunder are paidi inf full. Ifani invoicer remains unpaid after 90 days fromi invoice date, the CONSULTANT may terminate the Agreement. If Consultant initiates legal proceedingstoc collectt thef fees owed. Consultants shalla alsobe entitled to recover the reasonable expenses of collection 2. Metatanadeeawpene TheCLIENTS shallprovidep prompt written notice tot the CONSULTANT if CLIENT becomes aware of any breach, error, omission, ori inconsistency: arising outo of CONSULTANT'S within ten! (10) daysf fromt thet time CLIENT became aware of thef fault, defect, error, omission, inconsistencys or breach, shallo constitutea awaiver such fault, defect, error, omission, inconsistency orb breach. Emails shall bec considereda adequate writtenr notice for purposes oft this Agreement. 3. Standard of Care: CONSULTANT shall perform its services in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of professionals providing the same services in the same or a similar locality as the Project. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR FITNESS FOR Al PARTICULAR PURPOSE THAT WILL ORC CAN ARISE 4. Waivero of Consequential Damages/limitation ofLiability: CLIENT  specifications.  invoice.  including attorney'sfees.  services or any other alleged breach of contract or negligence by the 9. Assignmenta andT ThirdF Parties: Nothing under thisA Agreements shall CONSULTANT. The failure of CLIENT to provide such written notice bec construedt tos givea anyr rights or benefits int this Agreementt toa anyone by CLIENT ofa any anda allclaimsa againstt the CONSULTANT: arising outof solea ande exclusiveb benefitoft the CLIENT andthe CONSULTANT: andnot  IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR 10. Project Site: Should CLIENT notb be owner of thep Project site, then OUT OF THE SERVICES PROVIDED BY CONSULTANT OR THIS alterationa andd damaget to thes site. CLIENT further agrees toi indemnify, agreest that CONSULTANTSasErgaie! liabilityf fora anya andallclaims that which arer related tos sucha alterationo or damage. may be asserted by CLIENTI is imited to $50,000 or tot thef feep paid to 11. Access to Site: CLIENT is responsible for providing legal and CONSULTANT under this Agreement, whichever is greater. Both umencumberedaccesst tosite,i madngsuieainsawy: sitea access CLIENT and CONSULTANT herebyv waive anyr rightt topursuec claimsf for agreements or easements, to the extent necessary for the consequentialdamagesa againsto onca another, includinga anyc claims forl lost CONSULTANT tocarry outi itss services. 5. Representations of CLIENT: CLIENT warrants ando covenants that limitedt to, itsi indemnification obligations andl limitations of liability, and sufficient funds are available or will be available upon receipt of CONSULTANTSn rights andr remedies withr respect thereto, shalls survive documents on electronic media. prepared by the CONSULTANT as rise to termination within the ten (10) day notice period. If CLIENT The CONSULTANT shall retain all common law, statutory and other CLIENT willp pay CONSULTANT for all costs incurred, non-cancelable  AGREEMENT.  profits. renderedb by CONSULTANT.  CONSULTANTS invoice to make payment in full for the services 6. Ownership of Instruments of Service: All reports, plans, specifications, field data and notes and other documents, including all instrument of service, shallr remain thep property of the CONSULTANT. rights, includingt thec copyrightt thereto. Inthee event oft terminationofthis Agreement and upon full payment of fees owed to CONSULTANT,  completion, expirationo ort  oft thisA Agreement.  WithersRavenel, Inc.  Standard Terms & Conditions Effective September: 14, 2020  Page1    WithersRavenet  14. Severability: Ifa any provision of this Agreement, or application provision shall ber modifiedifp possible, to fulfillt thei intent of thep parties as reflectedi in thec originalp provision. Ther remainder oft this Agreement, each provision oft this Agreement shall bev valida and enforced to the fulleste extentp permittedbya applicablel law. 15. No Waiver: Nov waiver bye eitherp partyo of any default byt the other party in the performance of any provision of this Agreement shall operate as or be construed asa waiver of any future default, whether likeo ord differentinc 16. Merger, Amendment: This Agreement constitutes the entire negotiations, written and oral understandings between thep parties are toxic integrated and merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the 17. Unforeseen Occurrences: If. during thep performance ofs services hereunder, any unforeseen hazardous substance, material, element of constituent or other unforeseen conditions or occurrences are encountered whicha affects or maya affect thes services, ther riski involved in providing the service, or the recommended scope of services, CONSULTANT willp promptly notifyCLIENTE thereof. Subsequentt totl that notification, CONSULTANT may: (a)it if practicable, in CONSULTANT'S solej judgmenta andv witha approvalofCuENT, completet thec originals Scope Proposal; (b)A Agreev withCLIENT tor modifyt the Scope of Services: andt the conditions or occurrences, such revision to! be inv writing ands signed by principles. the parties and incorporated herein; or (c) Terminate the services 18. ForceMajeure:: Shouidcompletionofa anyp portiono ofthe Agreement bec delayed for causes beyond the control of or without the fault or negligence of CONSULTANT, including force majeure, ther reasonable timef forp performance: shallbee extendedf fora aperioda atl leaste equal tot the delaya andt thep parties shallr mutually agree ont thet terms and conditions uponv whichA Agreementr mayb bec continued. Forcen majeurei includest butis notr restrictedtoacts of God, actsorf failuresofg governmentala authorities, acts of CLIENT's contractors or agents, fire, floods, epidemics, pandemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, andu unusuallys severev weather. 19. Safety: CONSULTANT is not responsible for site safety or CLIENT or CLIENT's contractors, except with respect to COMSVITANTSon-p right to direct or stop the work Likewise, of CLIENT's CONSULTANTS contractors, shallhaveno agents, or 20. Dispute Resolation/Atbhitration: Anyo claim or other dispute: arising out oforn relatedt tot thisA Agreement shallf firstbes subjectt tor non-binding mediation in accordance with the then-current Construction Industry Mediation Procedures of theA AmericanA Arbitration Association ("AAA"). Ifmediationi is unsuccessful, sucho claim or other disputes shallb bes subject to arbitrationi ina accordance witht theA AAA's then-current Construction Industry Arbitration Rules. Any demand for arbitration shall be filedi in writing with the other party and with the American Arbitration Association. CLIENT agrees tot their inclusioni insucha arbitration (whether byi initial filing. byj joindero orbyc consolidation)ofanye other partiesa andof any other claims arising out of or relating to the Project or tot the transaction or occurrence giving rise to the claim or other dispute between CLIENT: and CONSULTANT. 21. Independent Contractor: In carrying out its obligations, CONSULTANT: shalla always be acting as ani independent contractor and not an employee, agent, partner or joint venturer of CLIENT. CONSULTANTS work does noti include anys supervision or direction of the work of other contractors, their employees or agents, and  CONSULTANTS presences shalli inr no way create: anyli liability on behalf agentst top properly orc correctly performt their work condition existing in, on orr near theP Project Sitep presenting a potential danger to human health, the environment or equipment. Byv virtue of entering intot the Agreement or of providing services, CONSULTANT doesr nota assumec control of, orr responsibility.f for,t theP Project site or the person in charge of the Project site or undertake responsibility for reportingt to any federal, state ork localpublic agencies, any conditions at theP Projects sitet thatmay presenta apotential dangert tothepublic, health. safety or environment except where required of CONSULTANT by or contamination: significantly beyond that originally represented! by CLIENT, CONSULTANT mays suspend ort terminatet the Agreement. CLIENT acknowledges that CONSULTANT has no responsibility: asagenerator,t treater, storer, or disposer ofhazardous or toxic substances found or identified atas site. Exceptt tot thee extent that CONSULTANT has negligently causeds suchp pollution or CLIENT agrees tod defend, indemnify, andh hold harmless CONSULTANT, froma anyc claimorli liability, arising outo cossurammtmes services under the Agreement and made or brought against fora any actuald or threatened environmental pollution or contaminationi ifthef fault (as definedi in! N.C.G.S. 22B-1 117)) of CLIENT oritsd derivativep parties( (as definedir inN.C.G.S. 228-1m6saproximate Agreement shailb beg governed! bya and construedi ina accordance performance this services are requested by the CLIENT, CLIENT agrees that such administration, review, or interpretation of construction work or documents in by CONSULTANT shall not relieve any contractor from liability regard to its duty to comply with the applicable plans. specifications, ands standardsf fort the Project, ands shallr notg giver riset toa claim against CONSULTANT for contractor's failure to perform in accordancev witht the: applicabley plans, specifications ors standards. 25. Field Representative: If CONSULTANT provides field services or observations services, thep presence oft thec CONSULTANTS fieldp personnelwillo onlyb bef fort thep purpose ofprovidingo observationa and field testing ofs specific aspects of the Project. Should: acontractor be involved in the Project, the CONSULTANT'S responsibility does not CONSULTANTS fieldr representative nort thec observationa the presence andt testingby the the CONSULTANT shall excuse contractor in any way for defects in contractor's work. Itis agreed that the CONSULTANT will not be responsible for job or site safety on the Project and that the CONSULTANT does not have the right to stop the work of any 26. Submittals: CONSULTANT's review of submittals is to determine conformity with shop the drawings and other Review of shop drawings and submittals design concept only. methods, techniques, or procedures of construction, does not include means, limitedt to, safetyr requirements.  thereof to anys person or circumstance, is found tob bei invalid thens such of CONSULTANT forf failure of other contractors, theire employees or or the application ofs such provision to persons or circumstances other 22. Hazardous! Substances: CLIENT agrees toa advise CONSULTANT thant those astov whichitisheldi invalid, shalln notbea affectedthereby.: and upon execution oft thisA Agreement of anyh hazardous substances or any  Agreement between the CONSULTANT and the CLIENT and all applicable substances law. In the event CONSULTANT encounters hazardous or  CONSULTANT: andt the CLIENT.  caused ofs sucho claimo orli liability.  ofs Servicesi ina accordance witht thep procedures originallyi intendedint the 23. Choiceo ofLaw: Thev validity, interpretation, andp estimate of charges to include study of the previously unforeseen law oft thes State of North Carolina, excluding its conflicts witht of the effective on the date of notification pursuant to thet terms of the 24. Construction! Services: If construction: administration: and review  oft laws  onlyi  Agreement.  compliance with the Occupational Safety and Health Act of 1970 include its thes supervisionordirections ofthea actualy worko ofanyo contractor, ("OSHA"). Job sites safety remains the sole exclusive responsibility of Contractors employees, should or also agents. bei informed AII contractors that neither should be so advised. of  employees.  contractor.  including but not  WithersRavenel, Inc.  StandardT Terms & Conditions Effective September 14,2 2020  Page2    WithersRavenel Our People. Your Success. EXHIBIT I Fee & Expense Schedule GeomaticsC CADI Geomatics CADIL Geomatics CADII Gcomatics Project Manager Geomatics Project Manageril Geomatics Project Professionall GeomaticsP Project Professionalll Geomatics Principal Geomatics Remotes Sensing Crewl Geomatics Remote's Sensing Crewll Geomatics Survey Crewl Geomatics Survey Crewl 2N Man) Geomatics Survey Crew/l!(3N Man) 134 Geomatics Senior Manager 55 Geomatics Survey Techl 91 Geomatics Survey Techll 102 Geomaticss Survey Techlll 112 Geomaticss Survey TechV 118 GeomaticsS.T TechnizalConsultant 134 Geomaticss SUE Crew1 Geomatics SUE Crew2 GISS Survey Technician! GISS Survey Technician!! 28 survey Technician!! II 139 SurveyLead 171 Technician 166 Analyst! 193 GIS/ Analystil GISS Specialist 246 GIS Seniors Specialist GIS Project Manager 139 150 FGAMP Project Consultant FGAMI Project Consultant!l FGAME Project Consultantll 102 FGAMS SeniorP Project Consultant 118 FGAMS Senior Project Consultantll FSAMS Staff Professionalll FGAMA Assistant Project Manager FEAMP Project Manager FGAMS Senior Project Manager FGAMF Principal FGAMS Senior Technica/Consultant 225 Mileage  EnvironmentalT Techl EnvironmentiTecht Senior EnvironmentalTech nvronenalGebPit EnvironmentalG Geologist!l Environmental Geologist/I I Project Geologist Project Geologist!! Project Geologist/l Sr.E EnvironmentalProject Geologist 180 Environmentals Scientist! 170 Environmentals Scientist!l 10 Environmental Scientist II Environmental Projects Scientist! Environmental Projects Scientist'l EnvironmentalP Projects Scientist!! 165 Sr. EnvironmentalP Project's Scientist 180 Environmental Professional Environmental Professionalll Environmentalf Professionalll Environmental Project Engineer! Environmental Project Engineer! 5 EnvironmentalProiect: Engineer! I 165 Environmental Project Engineer Environmental/ Assistant PM nviro onmentalP Project Manager nmentalSr. Project Manager Environmentals Sr. Technical Consultants Environmental Principal LandscapeA Architect! Landscape Architect!l Landscape Architect/ MI Landscape Designeri Landscape Designerll lannerl 139 134 Planning Technician 139 SeniorL Landscape Architect 145 Senior Planner 150 187 BondP Prints (Pers Shect) Mylar Prints/Pers Sheet) Delivery-Project: Specific (DistancesP Priority) Subcontractor Fees Markup) Expenses/R Reprod. / Permits (Markup) 1.15 Effective. January 1,2022- Schedulei iss subjectt toc change  lient Experience! Manager sistant Project Manager Project Manager Senior Project Manager Principal Intern! Intern!l CADTechnician! CADTechnician!! Senior CADI Technician Designer Designerll Senior Designer Project Coordinator Project Coordinator! Project Coordinator I Senior Projecto Coordinator Project Coordinator TeamLeader Project Engineer Project Engineer!! Project Engincer! Staffp Professionall Staff Professionalll Staff Professionalll II Staffp ProfessionallV Senior Staffp Professional Senior Project Engincer Senior Technical Consultant Zoning Specialist Construction! Manager! Construction Managerl! Senior Construction Manager Resident Project Representativel Resident Project Representativell Resident Project Representativel II Administrative/ Assistant OfficeA Administration Administrative Assistant Administrative Assistant Administrative/ Assistant! II Director of Marketing Marketing Administration!! Marketing Administration! Office Administrator! Olfice Administrator!! Office Administrator II  155 110 145 155 110 125 135 145  22  Senior Resident Project Representative 128 FGAMI Implementation Specialist  102 171 1.75 $11.00 PerIRS 1.15  Engineers Planners Surveyors