HITEV VI  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, June 28, 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, June 28, 2022, at 6:30 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, Emory Worley, and Kevin) Williamson  None.  OTHERS IN ATTENDANCE: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Doug Ipock, Police Chief; David Yergeau, Fire Chief; Robert Lewis, Planning Director; Hal Lowder, Emergency Services Director; Madison Ward, Economic Development Planner; Roger Lee, Building Inspector; Amanda Taylor, Accounting Technician; Joseph Williams (The News Reporter), Ms. Jessica  McKenzie; Mr. Torie Brown; Members oft the Public 2) CALLTOORDER Mayor Mann called the meeting to Order 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 agenda as presented.  Yeas: 7 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen B  Holden, Emory Worley, Kevin Williamson)  6) APPROVAL OF MINUTES  6.1) Consideration for Approval of Minutes held on June 14, 2022. Helen BI Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Jimmy Clarida MOVED to approve the minutes for the regular meeting  Yeas: 7 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen BI Holden, Emory Worley, Kevin' Williamson)  7) PUBLICCOMMENT None. 8) PRESENTATION    8.1) Back 2 Blacktop Presentation from Shalisa Shaw  Ms. Shalisa Shaw presented the Back2Blacktop program to Council. She stated that she was asking Council for their formal support and approval to implement art murals on basketball courts in the City, primarily the one at West Whiteville Park. She advised that Bolton, Chadbourn, and Hallsboro have pledged their support for these murals on their courts. She explained that this effort is intended to bring more youth out to the courts so to be more active and improve their overall health. She stated that the costs is absorbed by the program and that cost could be between $10,000 and $15,000 to resurface a court. She advised that she would follow up with Council by sending out the power point presentation for this meeting to them as well as a cost breakdown which includes resurfacing a court. She advised that she had not talked with Mr. Blake Spivey (Parks and Recreation Director) but will. Mayor Mann advised that the Council is receptive to her deas/program but wants her to meet with Mr. Spivey and developicoordinate a plan for resurfacing asphalt and concrete courts, and bring back to Council. Mr. Currie reminded Council that funding was allocated in the new budget for resurfacing court(s) and perhaps the City could spend that funding  towards this program.  9) PUBLIC HEARING  9.1) Public Hearing-P8Z#22-06-01-Rezoning, 307 Phillips St.F R-6 to B-3 Mayor Mann Opened the Public Hearing at 6:56 pm. Mr. Robert Lewis presented the case for a rezoning application submitted by Jessica McKenzie (owner is Mr. Torie Brown) at 307 Phillips Street, from R-6 to B-3. He explained that adjacent property owners were sent notification of the public hearing, it was advertised in The News Reporter, and the property has been posted. The Planning Board held a public hearing on June 6th and recommended approval of the rezoning request. Staff recommends the rezoning at 307 Phillips St. from R-6 to B-3. Mr. Lewis explained that the property had previously been used as barber shop and Ms. McKenzie is requesting it be rezoned for a nail salon business. Discussion ensued pertaining to if building permits were needed and how building permits applied to rezonings. Mr. Lewis explained the building permit applications related to rezoning. Ms. McKenzie and Mr. Brown answered questions regarding usage and parking for the property. No public comments were offered regarding the matter. Council Member Pait stated that she was int favor of additional nail salons in the City. Mayor Mann Closed the Public Hearing at 7:04 pm. 9.2) PublicHearing- Ordinance No. 2022-Z-24-Text. Amendment Chapter 155,Section 155.018, Definitions, Section 155.065, Table of Permitted Uses, Section 155.066, Supplemental Standards. Mayor Mann Opened thel Public Hearing at 7:05 pm. Mr. Lewis explained that Ordinance No. 2022-Z-24 is at text amendment to Chapter 155, Section 155.018, Definitions, Section 155.065, Table of Permitted Uses, Section 155.066, Supplemental Standards so to amend the zoning ordinance regarding group home(s), halfway house(s), and shelter(s). He adivsed that a Notice of the public hearing has been advertised in The News Reporter on June 17th and June 24th. He advised that this text amendment is staffi initiated and will make the City compliant with State and Federal laws. Mr. Carlton Williamson provided comments stating that once this text amendment is approved, the City's ordinance(s) will be current and compliant. Discussion followed pertaining to (1) the number of shelters in the City, (2) the number of permitted and licensed facilities in the City, (3) the number of residents inai facility including the distance between facilities, (4) how to interpret the word' temporary. Mr. Lewis advised that the City permitted facilities whereas the State licensed the facilities. Council Member Pait explained that the State defines the word, 'temporary' as not being permament and is controlled by the State. There were no public comments Mayor Mann Closed the Public Hearing at 7:15 pm.  regarding the matter.  10) BUSINESS  10.1) Discussion & DAc5onPa7E220201-07 Phillips St. rezoning. R-6to  B-3.    After brief discussion, Council took the following actions. Vickie Pait MOVED to approve the Statement of Plan Consistency and Reasonableness for PZ Case No. 22-06-01. Jimmy Clarida SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen BI Holden, Emory Worley, Kevin' Williamson)  Mr. Lewis read the Statement of Plan Consistency into the record, 'The future land use map identifies the subject site as high 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 development, and because it is immediately adjacent to a parcel that was previously developed: for commercial use.' Kevin Williamson MOVED to approve the rezoning of approximately 0.17 acres from R-61 to B-3 located at 307 Phillips Street. Jimmy Clarida SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 Blvd) being reconstructed.  Yeas: 7 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen BI Holden, Emory Worley, Kevin' Williamson)  Mayor Mann stated that Council could expect to see additional rezoning requests, such as this one, in the future due to Hwy 701 (JK Powell 10.2) Decision & Discussion-Ordinance No. 2020224TaxAmenémentk Zoning. Ordinance Text Amendment Pettion,Chapter 155, Section 155.018.Definitions. Section 155.065, Table of Permitted Uses, Section 155066.Supplemental Standards. After brief discussion, Council took thet following actions. Vickie Pait MOVED to approve recusing Council Member Williamson from discussion and voting on this matter. Helen BI Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 Reasonableness. Helen BI Holden SECONDED the motion. VOTE: 6-0 (Unanimous), Helen BI Holden, Emory Worley) Nays: 0 Absent: 0 Recused: 1 (Kevin Williamson)  Yeas: 7 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen BI Holden, Emory Worley, Kevin Williamson)  Vickie Pait MOVED to approve the Statement of Consistency of  Yeas: 6 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier,  Mr. Lewis read the Statement of Consistency and Reasonableness 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 andi is in the public's interest at this time.' Jimmy Clarida MOVED to approve Ordinance No. 2022-Z-24. Helen B Holden SECONDED the motion.    VOTE: 6-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 6 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier,  Helen B Holden, Emory Worley) Recused: 1 (Kevin Williamson)  10.3) Leica 3D Reality Capture  Chief Ipock addressed Council regarding the Leica 3D Reality Capture program. He explained that Public safety takes many forms, from crowd control and security at public events to analyzing crash and crime scenes. He advised that having full visibility of evidence, threat points and environments is essential to keeping the public safe and ensuring justice for victims. He explained that 3D reality capture is a process of scanning and capturing a crime scene, crash, environment or public event in a digital 3D model, combining measurement and imagery to provide a detailed, accurate and complete electronic copy of the space. He added it has the ability to analyze, fly-through, zoom-in, measure and annotate imagery, 3D reality capture offers an accessible technology that anyone can use. Discussion ensued. Mr. Brown approached Council to address funding the program, he explained that ARP funds can be used towards the purchase of the program. Brief Vickie Pait MOVED to approve the use of ARP Funds for funding the  discussion ensued.  purchase ofL Leica 3D Reality Capture. Helen BI Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 Cover Page  Yeas: 7 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen B Holden, Emory Worley, Kevin Williamson)  10.4) Budget Amendment #10 Downtown Planters  Budget Amendment: # 10 Downtown Planter Project WDDC.xls Mr. Brown explained Budget Amendment FY21-22 No. 10. He explained it is needed to recognize the donated proceeds and expenditures for the downtown planter project. Discussion ensued relating to previously budgeted funding for costs associated for plants. Ms. Ward reported that the project budget was exceeded some due to Vickie Pait MOVED to approve Budget Amendment FY2021-22 No. 10.  costs related to plants and fuel. Helen BI Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen BI Holden, Emory' Worley, Kevin Williamson)  10.5) FYE2022 Financial Review ensued. No action was taken.  Mr. Brown provided an executive review of the FYE2022 Budget to Actual Variance Analysis for the Operating Funds. Brief discussion Council Member Worley stated that he had concerns with the integrity of the utility poles downtown, he asked that Mr. Currie contact Duke Energy to asked ifthey would replace them. He also asked Mr. Currie if folks who lived on the Halsboro-Wnitevlle Road could tie onto the City's sewer system. Mr. Currie stated they could but the cost would be around $10,000 for connection. Council Member Collier asked Chief Ipock about a case that may be considered as arson. Chief Ipock deferred to Mr. Lowder. Mr. Lowder stated that the case is actively being investigated. Council Member Williamson stated that there are holes left behind from tree removals on Main Street. He asked Mr. Currie if the holes would be filled by the City. Mr. Currie explained the holes would be filled by the City int the upcoming budget year. He advised that there was not enough funding in the current fiscal year to complete that task. Council Member Pait commented that she thought the plants downtown looked beautiful. Mayor Pro  11) COUNCILCOMMENTS    Tem Clarida inquired about the trash can conversion between WM and GFL. Mr. Currie and Mr. Brown advised that it is coming along but would not be complete until the end of the week. Council Member Pait offered condolences to Mayor Mann on his loss of the family dog who past away last week. Mayor Mann shared some concerns regarding WM and reported that citizen had approached him explaining that there is one lane going into Walmart, with three lanes leaving Walmart and the painting of the lanes were very faded. Mayor Mann asked Mr. Currie if the City could do anything about the situation given it is private property. Mr. Currie stated he and Mr. Lewis would reach out to the property owner as a potential code enforcement matter since itr relates to public  safety. 12) REPORTS  12.1) Manager's Update  Mr. Currie provided comments from his bi-weekly report: 1. update on Mollies Branch Phase II project - is hopefule to schedule a pre-bid meeting in July. 2. He expressed his thanks to Council and Staff for the adoption of the FY2022-23 Budget at the June 14, 2022 regular Mayor Mann announced that former Council Member and City Manager, Howard Jones, had died on Friday, June 24, 2022. His wife passed City Council received monthly reports from the following departments: City Clerk, Economic Development and Planning, Finance, Fire, HR, Inspections, Parks and Recreation, Police, and' WWTP. Vickie Pait MOVED to approve the adjournment of the regular meeting on. June  meeting.  away about three weeks earlier. 12.2) Monthly Departmental Reports for May 2022.  13) ADJOURMMENT 28, 2022 at 8:10 pm. Helen BI Holden SECONDED the motion. VOTE:7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Vickie Pait, Tim Collier, Helen B  Holden, Emory Worley, Kevin Williamson)  Bonnie T. Williams, CITY CLERK  S    ORDINANCE NO.: 2022-Z-24  CITY OF WHITEVILLE, NORTH CAROLINA  U  ZONING ORDINANCE TEXT AMENDMENT PETITION, CHAPTER 155, SECTION 155.018, DEFINITIONS, SECTION 155.065, TABLE OF PERMITTED USES, SECTION WHEREAS, the City of Whiteville is authorized to establish ordinances and tot the general welfare oft the community and proper land use and: zoning practices; regulations and relating WHEREAS, the Staffoft the City of Whiteville feel that the following additions will better serve WHEREAS, the City of Whiteville Planning and Zoning Board, having held aj public hearing on June 6", 2022, finds the amendments tol bec consistent with the City of Whiteville's Land Use Plan WHEREAS, the City of Whiteville City Council, having published notice on. June NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION I. The Code of Ordinances, TITLE XV, by the amendment of Chapter 155, 155.018 Definitions, SECTION 155.065 Table of Permitted Uses, and Section 155.066, Supplemental Standards. Added portion shalll bei indicated by texti in AMBAsiIRdIRSBNRNL FAMILYCARE HOME, Aj premises housing six orl less handicapped residents with support and supervisory personnel living together and functioning as a family unit, Handiçapped include persons with temporary or permanent physigal, aleelelandauabise persons are endencesrenaaiaten, emotional and mental disabilities, but not mentally ill persons who dangerous to others. This definition does not include criminals, juvenile delinguents, runaways and the like, Such a use may not be located within 1,000 feet radius of an existing MAAYAOMEA-mt-----wtaay L-SET -as.wN SHELTER HOMELESS). PIRNERSBATIRSCATRECNE orlodging and meals, onatemporary! basis tor more thani fivep persons.whoare  155.066, SUPPLEMENTAL: STANDARDS  the community and) land use goals oft the City; and and recommends amending the Code of Ordinances; and June 24", 2022, held aj public hearing on. June 28", 2022; WHITEVILLE, NORTH CAROLINA,THAT:  17",2022a and  family care home.  -sywww.  Pagelof3 Ordinance! No. 2022-Z-24    homeless, anda arenotrelatedbyblood.marriage.s oradoption.tothe.headofithe household ort the owneror operator ofthef facilitywhether: ornotthefacilitvyis  operated.forprofto orchargesforthe: services it offers.  RA- R- R- R-6 R-6 R-6 0-I B- B- B- B-  PDD Standards S 5155.066 P (A)(1) P (A)2). P P (A)(3) (A)(4) (A)(5) (A)(6) P (A)(7) R (A)(8)  20 20 12  MF MHP  1 2 3 P PS P  RESIDENTIAL Dwelling, single- P P P P P family Dwelling, wo-family PS Dwelling, multi- family Dwelling, mixed-use Manufactured home PS Manufactured! home park Travelt trailer Family care home P P P P P Residential care PS facility Shelter (Homeless/naliway house  PS P P P  PS PS PS  SUP PS P  PS PS PS SUP  SUR SUR SUR SUR  PS RS PS  SECTION. II. CONSISTENCY. The provisions oft this Ordinance are found tol be consistent with SECTION III. CODIFICATION. The provisions of this Ordinance shall be published as SECTION. IV. SEVERABILITY CLAUSE. Ifanys section, part of provision of this Ordinancei is declared unconstitutional or invalid by a court of competent jurisdiction, then it is expressly provided and iti ist thei intention oft the City Council inj passing this Ordinance that its parts shall be severable and all other parts oft this Ordinance shall not bea affected thereby and theys shall remain SECTION V. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall take effect  the Cityo ofWhiteville'sLand Use Plan.  appropriate int the Whiteville Code of Ordinances as soon as practicable.  int full force and effect.  immediately upon its passage and publication according to law.  Page2of3 Ordinancel No.2 2022-Z-24    READ, CONSIDERED, PASSED. AND APPROVED at a regular meeting oft the City Council of Whiteville, North Carolina, at which a quorum was present and which was held on the 28" day of  June, 2022. Votes: For 6 Votes: Against_ 0 le TerryL. Mann, Mayor  CITY OF WHITEVILLE  ATTEST:  BY: baanlae  Bonnie T. Williams, City Clerk  eal)  APPROVED, AST TOFORM: Cariton F. Williamson Williamson, Walton & Scott LLP Attorneya atl Law 136 Washington Strcet Whiteville, NC28472 910-642-7151  Page3of3 Ordinance No.: 2022-Z-24    CITY OF WHITEVILLE Budget Amendment FY2021-2022  Amendment; # 10 Revenue Account 20-3350-0000 Total Expenditure Account 20-6600-6700 Total JUSTIFICATION:  Current Budget 8,122.00  Increasc (Decrease) 7,410.00 #S Budget 15,532.00  Revised  Account Description Miscellaneous Revenuc  8,122.00 $ 7,410.00 #S 15,532.00  Current Budget 29,122.00  Increase (Decrease) 7,410.00  Revised Budget 36,532.00  Account Description  Landscaping  29,122.00 $ 7,410.00 #S 36,532.00  Torecognizedt thel Fundl Raising proceeds and associated expenses related to the downtown planter project.  REVIEWEDI BY: APPROVEDBY: aty Whiteville, North Carolina. AFFIRMED! BY: ATTESTEDI BY:  DATE: 6/28722 6/24/22  DATE:  City, Manager  &  DULYADOPTED this_ 2840 dayof_ June  2022 byt the Whiteville City Council  Heu Hoan TenyL. Mann, Mayor B7 hillams City Clerk