HITE  1833  MINUTES  City Council Special Meeting 4:00 p.m. Thursday, September 1, 2022 317 S. Madison Street, Whiteville, NC, 28472  The City Council Special Meeting of the City of Whiteville was called to order on Thursday, September 1, 2022, at 4:00 p.m., at 317 S. Madison Street, Whiteville, NC,  28472. 1) ROLL CALL PRESENT: ABSENT:  Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen B  Holden, and Emory Worley Kevin Williamson  Council Member Pait arrived to the meeting at 4:30 pm. Edwards, John Barkley, and Sammy Jacobs  Planning Board Members in Attendance: Carol Caldwell (Chair), Freddie OTHERS IN ATTENDANCE: Darren Currie, City Manager; Bonnie Williams, City Clerk; Robert Lewis, Planning Director; Hal Lowder, Emergency Services Director; Roger Lee, Building Inspector; Madison Ward, Economic Members of the Public, WECT TV6, Joseph Williams (The News Reporter),  Development Planner  Chuck Halsell (NCI Main Street Program) 2) CALL TO ORDER By Mayor Mann at4 4 pm. 3) PURPOSE OF MEETING 3.1) Food Truck Workshop.  Mayor Mann provided opening comments to the audience explaining that persons can approach and share their comments regarding the matter of food trucks in the City. He asked that comments be brief and not redundant of other comments though persons were welcome to state that they concurred or disagreed with comments of others. He asked that persons wanting to speak state their name for the record. He asked that all speakers be respectful of others. He deferred Mr. Lewis recognized the Planning Board members who were present. He explained that an ordinance was presented to Council on January 14, 2020 which would allow food trucks in the City and it was not approved. However, the issue was later presented to Council on September 22, 2020 with a revised. ordinance and it was approved. The revised ordinance allow for food trucks at special events when sponsored by city, county, or state governments and to include parades, recreation events, and school related functions. Mr. Lewis advised that ata recent meeting Council Member Holden asked that the matter regarding food trucks be revisited. He reported that the matter was placed in front of the Planning Board in August this year, and the Planning Board voted to table the matter. Mr. Lewis reported that he asked Council to hold as special workshop meeting to discuss the matter and that is why the special meeting is being at this time. He stated that  toMr. Lewis.    he was aware that in the audience is food truck operators, local business owners, and others who would like to comment on the issue. He advised that there are materials which support and advocate fori food trucks in the community. He stated that there are other communities that do not have a food truck ordinance because food trucks do not present a problem for those communities. However, there are some communities that have ordinances regulating and restricting food trucks. He advised that Mr. Chuck Halsell of the NC Main Street program was present and has some experience with food trucks in Main Street communities. Mr. Lewis deferred to Mr. Halsell for his comments. Mr. Halsell reported that the Main Street program welcomes food trucks inc communities in addition to brick/mortar restaurants simply for people to have more options, pedestrian friendly, draws people into downtown areas, food truck rodeos, and research has shown where there was no negative impact on other businesses. He advised that food trucks are set up to be people friendly and convenient. Council Member Worley asked for the definition of a food truck. Mr. Lewis referred him to Ordinance No. 2020-Z-16, "a motorized vehicle with power on board, refrigeration, food preparation facilities, and usually room for up to four (4) employees. Food trucks shall also be considered a mobile food vendor for the purposes of this ordinance." Mr. Lewis briefly compared the differences between a food truck and itinerant merchants and Mayor Mann asked if there were any persons in the audience who wanted to speak. The following persons came forward. Butch Pope (Supportive): He stated that he believed food trucks would bring people to the downtown area and that food trucks are highly regulated by the health departments and by other types of inspections. He suggested that perhaps placing restrictions on when and where food Delynne Hyatt (Supportive): He stated that he is the owner of Kona Ice, a food truck operator. He stated that he operates in several communities and serves shave ice in the summer and hot beverages in the winter. He reported that he was subject to purchasing permits and paying vendor fees in different communities. He does fund raisers with different organizations and by doing sO is able to give back to the Jimmy Spivey (Supportive): He stated that he is the owner of When Pigs Fly BBQ & Wings, ai food truck operator. He stated that he felt he is not in competition with other food businesses in the downtown area. He described several events he participates in locally and that retail businesses in the area want him on their premises. He stated that he believes that all can work together and wants to do for local retail businesses and asked that he had operated insided the City and was advised that he would be fined if he continued to do sO as the current City ordinance would not allow for him to operate inside the City limits. Kandle Rogers (Opposed): She stated that she and her husband owns Ward's Grill downtown. She read a prepared statement and provided a copy of it to Mayor Mann along with a page of signatures. She addressed several concerns in her statement. Her concerns focused on 1) times and locations for food trucks in the downtown area, 2) availability of limited parking, 3)! littering and loitering in the areas where food trucks will be, 4) existing business investments, 5) monitoring of health department inspections relating to food trucks, and 6) playing field for downtown businesses paying taxes and insurance is not equal Sammy Jacobs (Opposed): He stated that he is the owner of What-A- Burger downtown and he is a member of the City's Planning Board. He stated that he felt there is not enough business downtown to share with everybody. He shared his concerns pertaining to inflation. He commented on a study of food truck operation (a pilot program) in Greensboreo NC. Council Member Worley stated that he felt that Sandra Sellers (Opposed): She stated that she is part-owner of Jerry's Sandwich Shop downtown. She stated she felt that first that the appearances of the buildings downtown should be addressed. Secondly, she stated that she felt more retail oriented businesses should be downtown, and thirdly that is not right to bring in outsiders.  applicable: zoning districts.  trucks could be might be a solution.  communities he serves.  to those of a foodt truck operation.  Whiteville could not be compared to Greensboro.    Mahmoud Abdelnabi (Supportive): He stated that he is the owner of Zeko's. He asked if the argument was fori food trucks to be downtown or across the City. Mr. Lewis explained it pertained to the commerical zoning districts and explained where those districts are in the City. Mr. Abdelnabi stated that he wants to build a food truck in order to help sustain his current buisiness. He stated that he wants it to be available but not to cause al hardship on other business owners. He stated that he felt food trucks in the City would attract more people to the area. He stressed that food truck operations are not inexpensive. Council Member Clarida asked him if he thought the food truck venture would expand his business and Mr. Abdelnabi stated he felt it would with partners. He stated that food trucks bring something different to the Lisa Tresterud (Supportive): She stated that she is the owner of Whiteville Fun Factory and will partner with Mr. Abdelnabi food truck venture. She stated that food truck operations are not a get rich quick business and everyone can bring their own style. She stated she heard the comment that there were not people in the City that would take advantage of food trucks, she said that there are enough people. She stated that she would like to see all people to pull together and co-exist. She stated that she wants to raise her family here and invest in Whiteville. She responded to a comment earlier that food trucks should not operate during the hours of the downtown restaurants, and that she disagreed with that restriction. She commented that people like to meet up at food trucks and that the food truck debate should not become personal. She concluded by stating food truck operations are not cheap, food truck owners pay taxes, fees, insurance, permits, and other related Rodney Edwards (Supportive): He is the owner of ETNA Diner. He stated that he is supportive of food trucks with time and place restrictions in place. He commented that he believed a solution could be found and should be discussed. He stated that he is supportive of Earl Stewart (Supportive): He stated he is the owner of Ed's Grill. He stated that he concurred with the comments made by Kandle Rogers and Rodney Edwards. He stated that he thinks al happy medium can be found and heard some good recommendations from others. Marcus Norflett (Supportive): He stated that competition drives the economy and provided brief comments. He stated that he felt food truck owners and operators should have opportunities in the City. Aaron Cutler (Supportive): He commented that he works with some of the special events in City. He that food trucks do have a distinct advantage over brick and mortar restuarants in which food trucks could be anywhere. He stated that he concurred with comments made by Marcus Norflett. He stated that food trucks are comparable to brick and mortar restuarants in which both can provide great options. He stated that he felt that the discussion of advantages and disadvantages should be redirected to discussions regarding options. He stated that he was familier with the study conducted in Greensboro as referenced by Sammy Jacobs. He made some comments regarding the study. Danny Lowder (Supportive): He stated that he has seen how people are drawn to food trucks at special events. He described his and his friends food truck experiences and stated that he understood the concerns offered by both brick and mortar resturants and food truck owners. He stated that he knew food truck operations are expensive. He stated that he believes in the free market for everyone without stipulations and that rules need to be the same for all. Aaron Cutler (Suportive): He commented that this matter is not about competition, each business enchances the other. He stated that he will support brick and mortar businesses as well as food truck businesses. He stated that he felt consideration should be given to what it is that the customer wants and that a good business history has to be earned. Sammy Jacobs (Opposed): He asked was there not an ordinance in place to protect downtown merchants. Mr. Lewis advised that there is an itinerant merchant ordinance in place but that is a separate issue Marcus Norflett (Supportive): He stated that he felt like the term, "protection" being used sounded like a fight and he felt that this should Bella Rogers (Opposed): She stated that she is a local educator and  table and are unique.  costs.  charging at fee and for time limit restrictions.  regarding food trucks. not bei fight.    her mother is Kandle Rogers. She stated that local businesses donate to her school and her classroom. The local businesses are part of the community. She stated that people from the "outside" are not putting Lisa Tresterud (Supportive): She responded to comments made by Bella Rogers by stating that all food truck operations cannot be put Jimmy Spivey (Supportive): He responded to comments made by Bella Rogers by stating that his business does give back to the Community. He stated that he had just signed a deal with the Boys and Girls Home of NC atl Lake Waccamaw to where he donates 45% back to Mayor Mann provided closing comments including how the matter will progress forward. He explained that the matter regarding food truck operations will be forwarded back to the Planning Board for a Public Hearing. The Planning Board will make a recommendation to Council. The recommendation will be forwarded to Council for a Public Hearing and subsequentialy a decision on an ordinance. Mr. Lewis stated that the matter will not be advertised for public hearing on the Planning Board's agenda; however he will make every effort to let the public know by including it on the notice for the Planning Board meeting. Mr. Lewis stated that he begin research in order to draft an ordinance for the Planning Board and the Council's consideration. Mr. Lewis advised that most likely, the next Planning Board meeting will be October 3, 2022, where the matter of food trucks will be taken up again. Terry Mann MOVED to approve to approve the adjornment of the Special Yeas: 6 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen B  back into the community. together into one bad catergory.  the Home.  4) ADJOURNMENT  Meeting held on September 1, 2022 at 5:32 pm.  VOTE: 6-0 (Unanimous) Holden, Emory Worley) Nays: 0 Absent: 1 (Kevin Williamson)  Ty ou TerryL.Mann, MAYOR cBs Bonnie T. Willams, CITY  hAp  CITY    Bw 9-1-2023 Stmt fyim Kardle  Mayor Mann, oumdine/Comdlwomem, and) Mr. Currie: Thanky you allowing the community to  our  Roges  trucksi in downtown Whiteville. Ialso express wantt tot thanky concerns you fort about thei improvements the proposed that food havel been completed recently tol Madison Street. Thel beautiful planters andt thes safe clean sidewalks! have madea vasti improvement tot thec overall appearance ofd downtown. Wea appreciate andi relyo ont this city councilt top protect downtown businesses. Currently, wel business ownersi find ourselves discussingt thep possibility ofa allowingf food trucks to come tol Whiteville ast traveling competition, and we have several concerns. Ouri first concerni ist thet times andl locations that thef food trucksy would! bea allowedt to occupy nearby parlingl lots. Thel hourst that! havel been proposed are very similart tot the hours that most oft thes smallr restaurants are open. Iftheya are allowedt toj parke easta and west on! Main Street, this willl bes around thes corner to atl least 91 restaurants on4 41 blocks ofN Madison Street. This willa also addt to thea alreadye existing limited parking. Madison Street hasl been a concerni for years and continues to be problematict Parkingo for Madison Streetr retailers, not only restaurants. This will also add tol littering: and loiteringi int the areast that are allowedf fort these mobilel businesses." Whent they roll out of town, theyl leavel behindr remnants oftheirb business day for ouro city workers tol haveto Ina addition, all retaill businesses int the city] limits havez madea ani investment: tol havet their business here, bye either purchasing or rentingt their brick-and-mortar building. They pay property taxes here, local salest tax, andi insurance anda abidel byt thel NCI health department sanctions. Thisi isi nota a day-by-day commitment that our entrepreneurs have chosen. Wel have made lifelongi investment toi thist town, some beingp passedt tot ther next generation. Operatingi int today's economyi isr note easy whether you! havel been inl business for 75years orj just starting out. Downtown! businesses] have enduredi two crippling hurricanes, Covid, food supply shortages, increase inp product prices, and) lacko of employees. Covidr regulations were extremely) hardi for restaurants tos survive, then came the problem off findingproducts, andt thei increasein the price ofi items oncet they werei found. Most restaurants arel lookingt tol hire without anyl luck. Now thatt things havel begunt tos settle little, highg gas) prices help and inflation have addedr more circumstance toc overcome.) Nowi isr not thet timet toi invite anotherl hitt tot thel businesses that) have endured: soI much. Lastly, wel have rules and guidelines that wer must abide by, includingi inspectionl NC Health) Department. Thei foodt trucksy willl bei inspectedi in thec counties thatt they by originate. Ifthey! have: a commissary or noto changes the GSi ink how they operate. Who willl ber responsible for checking thatl here? Whitevillei isat uniquet town wheres wes support ouro own. From) littlel leagues sports, schools, churches, localf food! bankst tof fallen) heroes, small moma andj pop businesses tot ther needs ofo our community. We: areg gladt tol help. Food truckst that come tot towni give for severald daysa a week arey very unlikelyt to dot this. Ifourp profitr margini isl lessened! by competition rollingi in and out ofo our town, wer may not bes able toc continue givingto the peoplet thats support us. Asi much as possible wes shop localt to support others liket us and employ peoplet from the area tob helpf families maintain ahealthyi income ofs stability. Somel haves said that they don't knowl howi muchl longer food trucks cank bel kept from comingt tot town. Putting downtown asa priority: resultedi in City Councill banning cruisingr many: years ago. How can cruising! bel banned on! publics streetsl butr notf food Iwant tor makei ito clear that competition does) notl bothert usi ifthep playing fieldis equal. Property owners) pay) property taxes, property insurance, locals salest tax, employee benefits, andt trash and waters services.. Justi int the city] limitsa alone wel have over 50 eatinge establishments ofv various origins. Whitevillel has aj population ofa around 5,500 peoplet tos support) locala ando chainl businesses. Competition canl bel healthy, buti itn makes thes slice ofp pies smaller for eachl business. Wei invitet thet food1 truck operators tor rent or  on  clean up.  trucks?    unuy Jou usa ao vvai cIucpicucuIs.  Thanky businessesi you in fory Whiteville. your time and) hopet thaty youv willi make thel besto decision top protect all  E Sulh HE ahBel 43  "Graws SusD AemElpis ENDe 7oL Oech SukSahioal SALAEgeR f whfcllc Nudfilien PRea Alay) PlAkc Sn P4otor Dapels Bakeey Francs-N9.2.270 and5vb5 Dhen Sizeler AM MAles SR  &  dala  Ben p Hhvoa   6 BDA    Thanky yout for) your time and) hopet thaty youy will make thel best decision top protect all  businessesi in Whiteville. Signature. K OuneBicnd die Wha ah A12  Business  Ros6rrl EdsGh 2354 Mak E6AD WPP Tatenpfiane docbGry