E 1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, July 27, 2021 317 S. Madison Street, Whiteville, NC, 28472  The Regular Meeting of the City Council of the City of Whiteville was called Tuesday, July 27, 2021, at 6:30 p.m., at 317 S. Madison Street, Whiteville, to order on Advisement of Virtual Meeting. This meeting was made available environment. Viewers were invited to submit public comments in a virtual  NC, 28472. via the Q&A  function located within the Microsoft Teams  City Clerk. 1) ROLL CALL PRESENT: ABSENT:  application or by contacting the  Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Vickie  Pait, and Kevin' Williamson Tim Blackmon  Others in Attendance: Darren Currie, City Manager; Carlton Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Williamson, City Lewis, Planning Director; Madison Ward, Economic Roger Lee, Building Inspector; Hal Lowder, Emergency Development Services Planner; Doug Ipock, Police Chief; David Yergeau, Fire Chief; Donald Croteau Director; LLC); Ivey Schoffield (The News Reporter) 2) CALL TO ORDER by Mayor Mann at 6:30 pm. 3) INVOCATION. - Provided by Council Member Clarida. 4) PLEDGE OF ALLEGIANCE. - Led by Mayor Mann. 5) ADOPTION OF AGENDA Vickie Pait MOVED to approve the adoption of the agenda as Kevin Williamson SECONDED the motion. VOTE: 6-0 (Unanimous) Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Director; Robert  (Thrive  presented.  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Vickie  6) APPROVAL OF MINUTES  6.1) Consideration for Approval of Minutes Regular Meeting on July 13, 2021 the adjacent property owner. meeting as corrected. Kevin' Williamson SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1( (Tim Blackmon)  Mayor Pro Tem Smith asked that the minutes be corrected to state: that Council Comments: Mayor Mann (not Mayor Pro Tem Smith) stated Duke Energy would be cutting trees on the property and Vickie Pait MOVED to approve the minutes for the. July 13, 2021 regular  with along  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,    7) PUBLIC COMMENT- None 8) PUBLIC HEARING  8.1) Ordinance No. 2021-Z-20 Public Hearing Non-Contiguous Annexation 5275 Pleasant Plains Church Road-Thriving, LLC Mayor Mann Opened the Public Hearing at 6:33 pm. Mr. Lewis approached Council and explained that Don Croteau with Thriving, LLC had submitted a non-contiguous voluntary annexation of approximately 5.92 acres at 5275 Pleasant Plains Church Road. He advised that Notice of the Public Hearing was advertised in The News Reporter. He reminded Council that staff had been instructed to the annexation and schedule aj public hearing on July 27th att their. certify July 13th, 2021 regular meeting. He reported that a conditional use was approved fort the 5.92 acres (Columbus County PID#5444, 4579, 90388) fort two-family dwellings (duplexes) at a previous City Council meeting (July 13th). Mr. Lewis stated that the property is currently located in the ETJ where the preliminary plat for a major subdivision Legal Description Prepared for Area to Annexed to the Town of Whiteville, NC! 5.92. Acres +/- Beginning at an existing iron rebar located ati the southwest line oft the now or formerly Graham tract as recorded Book: 304 Page 24, Columbus County Registry ati its intersection with the northwestern RWI line of Pleasant Plains Church Road (Public RWW); said point also being the southernmost corner of the Graham tract; thence from said Point of Beginning along and with the northwestern R/W line ofF Pleasant Plains Church Road the following courses and distances South 24 degrees 09 minutes 32 seconds West a distance of 100.101 feet to an existing iron pipe; thence South 21 degrees 59 minutes 47 seconds West a distance of 11.99 feet to an existing iron pipe; thence South 24 degrees 27 minutes 11 seconds West a distance of 102.72 feet to a point; thence South 24 degrees 11 minutes 00 seconds West a distance of 20.001 feet to a locatedt tthe easternmost corner of the now or formerly Carroll tract point as recorded at Book 271 Page 197 Columbus County Registry; thence along and with the northern line of the Carroll tract North 67 degrees 02 minutes 26: seconds West a distance of 135.02 feet to an existing iron pipe located in the western line of the Carroll tract; thence along and with the eastern line of the Carroll tract South 23 degrees 32 minutes 34 seconds West a distance of 89.34 feet to an existing iron pipe located att the northernmost corner oft the now orf formerly Buffkin tract as recorded at Book 902 Page 259, Columbus County Registry; thence along and with the western line oft the Buffkin tract thence South 25 degrees 57 minutes 46 seconds West a distance of 36.53 feett to an existing iron pipe bent in the base ofa 24" gum; thence continuing along and with the western line oft the Buffkin tract and the nowor formerly Sellers tract as recorded at Book 1213 Page 277, Columbus County Registry South 72 degrees 40 minutes 42 seconds Westa a distance of 356.63 feet to an existing iron pipe bent located at the easternmost corner of the now or formerly Miller tract as recorded at Book 1178 Page 97, Columbus County Registry; thence alonga and with the northeastern line of the Miller tract North 49 degrees 03 minutes 05 seconds West a distance of 269.73 feet to an existing iron pipel located at the southernmost corner of the now or formerly Inman tract as recorded at Book 1140 Page 474, Columbus County Registry; thence along and with the southeastern line of the Inman tract North 46 degrees 02 minutes 22 seconds East a distance of 595.29 feett to an axle located at the westernmost corner of the now or formerly Graham tract as recorded Book 195 Page 142, Columbus County Registry; thence along and with the southwest line of the Graham tract South 61 degrees 501 minutes 53 seconds East a distance of 439.90 feett to the Point of Beginning, containing 5.92 Acres, more or less. Brief discussion ensued relating to the clarification that the proposed annexation is non-contiguous and to confirm that the City's public safety departments can address emergencies and other callsi int the area. Chief Ipock and Chief Yergeau confirmed that their departments  has been approved.  could respond effectively.    a 'cucIvEU.  Mayor Mann Closed the Public Hearing at 6:37 pm.  9) BUSINESS  9.1) Ordinance No. 2021-Z-20 Discussion & Decision Non-Contiguous Voluntary Annexation 5275 Pleasant Plains Church Road-Thriving, LLC Brief discussion ensued after the Public Hearing closed regarding Ordinance No. 2021-Z-20. Kevin Williamson MOVED to approve Ordinance No. 2021-Z-20 regarding the non-contiguous voluntary annexation of 5.92 acres into the Whiteville City limits. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  approximately  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  9.2) Consideration for the Acceptance of Real Property Donation Mr. Currie and Mr. Williamson (Carlton) advised that the City! has been approached by Alan Thompson to see if the City might have interest in accepting real property by donation. Mr. Currie and Mr. Williamson explained thati the property is thel Lewis Smith Shopping Center. Council previously authorized Mr. Currie and Mr. Williamson to conduct City due diligence regarding the property in a closed session. Mr, Thompson offered to Council al letter of donation and a map depicting the which is commonly known as the Lewis Smith Shopping area. Track property, 1 (PIN # 000981) is currently owned by ommerce Realty Co. Tracks 2 (PIN# 004945) and 3 (PIN# 004943) are currently owned by Companies that are owned byt the same family. The propertyi is proposed to be donated to the City in' "as is" condition. Staff conducted due diligence on the building and property. Brief City discussion has Jimmy Clarida MOVED to approve the real property (Lewis Smith Shopping Center property) donation as described ini the letter andi  ensued.  Justin Smith SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  map.  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  10) COUNCIL COMMENTS  Council Member Pait reported that she would be absent from the next regular meeting (August 10th) and possibly the next one due to upcoming surgery. Mayor Pro Tem Smith stated that he was aware some miscommunication regarding a dispatch with the 911 Center of asked that the City reach out to the County to work out with them that and this does not happen in the future. He stated that he did not feel departments were at fault. Chief Yergeau advised that the City did City respond to the incident. Council Member Collier asked that Code Enforcement be contacted to address a citizen complaint that he received regarding debris and trash in ay yard. Mayor Mann asked the City is currently doing to address public participation in Council's what meetings. Ms. Williams explained that a Public Comment Policy was adopted by Council a few years earlier and due to COVID 19, the City has begun inviting the public to participate in meetings in virtual settings.  11) REPORTS  11.1) Manager's Update  Mr. Currie reported on thet following areas: 1) He thanked the Council for allowing him to be off during meetings whil he coached andy watched his son play baseball, 2) the Commerce Street project, 3) the CALEA certification process (Police department), and 4)L Leaf and Limbi issues with WM and an upcoming meeting with the regional managers on. July 30, 2021. Mr. Currie deferred to Chief Ipock for further discussion regarding the CALEA certification process. Mr. Currie advised that the    Southeastern Community College Board held their retreat at City Hall inside Council Chambers, her reported that they were pleased with the Council received monthly departmental reports from the following Olmces/Departments: City Clerk, Finance, Fire, HR, Parks and Recreation, Planning-Econ Development, Police, and Public' Works. Vickie Pait MOVED to approve the adjournment of the regular meeting held on  meeting venue.  11.2) Monthly Departmental Reports for. June 2021.  12) ADJOURNMENT July 27, 2021 at7:02 pm. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Pait, Kevin Williamson) Nays: 0 Absent: 1( (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Vickie  Terry  MAYOR  e bahhls Bonnie T. Williams, CITY CLERK    ORDINANCE! NO. 2021-Z-20  ANORDINANCETO1 EXTEND' THE CORPORATELIMITS or THECITYOF thes WHEREAS, aread described the City of Whiteville has been petitioned under G.S. 160A-31 toa annex and WHEREAS, City the City of Whiteville has given authorization Attorney toi investigate thes sufficiency oft the petition;a and directing the Cily Clerk WHEREAS, the City Clerk and City Attorney has certified petition and a public) hearing ont the question oft this annexation the sufficiency of the soont thereafter on. July, 27"2021 after notice by publication; and was held at 6:30p p.m. or G.S. WHEREAS, 160A-31; and the City of) Whiteville finds that the petition mcets the requirements of Whiteville, NOW, North THEREFORE Carolinat that: BE IT ORDAINED by the City Council oft the City of described territory ish hercby annexed andr made granted by G.S. 160A-31, the following Beginning at an existing ironr rebar located at the southwest line oft formerly Graham tract as recorded Book 304 Page 24, Columbus ther now or Registry at its intersection with the northwestern R/W line of County Church Graham Road (Public R/W); said point also being the southernmost Pleasant corner Plains tract; thence from said Point of Beginning northwestem R/W line ofI Pleasant Plains Church Road the along and with the distances South 240 degrees 09r minutes 32s seconds Westa distancc following courses and loa anc existingi iron pipe; thence South 21 degrecs 59 minutes 47 of 100.10f feet distance of 11.99 feet to an existing iron pipe; thence South seconds Westa minutes 11s seconds West a distance of 102.72 feet to aj degrees 11 minutes 00 seconds Westa dislance of 20.00 point; fectt thence South 24 thce 271 easternmost corner oft the now or formerly Carrol! tract as toap recorded point locatedt line Page 197 Columbus County Registry; thence along and witht the at Book of ofthe Carroll tract North 670 degrees 02, minutes 26s seconds Westa northern 135.02 fect to an existingi iron pipe located in the wester line distance tract; thence along and with the eastern line oft the Carrol! tract South oft the Carroll 32 minutes 34 scconds West a distance of 89.34 fect to an 23d degrees located al the northernmost corner of the now or recorded at Book 902 Page 259, Columbus County formerly Buffkin tract as with they western line of the Buffkin tract thence South Registry; 25 thence along and seconds Westa a distance of 36.53 fcet to an existing ironp pipe degrees bent 57r in minutes 46 a24" gum; thence continuing alongs and witht the western) line ofthe theb base of and the now or formerly Sellers tract as recorded at Book 1213 Bufkint tract Columbus County Registry South 72 degrees 40 minules 42 seconds Page 277, distance of 356.63 feet lo an existing iron pipe bent located at the West a corner Columbus oft the now or formerly Miller tract as recorded at Book 1178 easlemmost Page 97, Miller tract) County North 49 Registry; thence 03 along and with the northeastern line ofthe feet to an existing iron degrees pipe located minutes at the 05s seconds West a distance of 269.73 formerly Inman tract as recorded at Book 1140 southernmost Page 474, corer Columbus oft the now or Registry; thence: along and with thes southeastern line oft thel Inman tract North County 46  WHITEVILLE, NORTH CAROLINA NON-CONTIGUOUS ANNEXATION)  below; and  Section 1.1 By virtue oft the authority  27-,2 2021:  part of the Cityo of Whiteville asofJuly  ofthe 24 degrees 27  existing iron pipe  OrdinanceNo,2 Pagelofs 2021-Z-20    degrees the 021 minutes 22s seconds] Easta distance of 595.29 feett toa an axlel locateds at 1951 westernmost Page 142, Columbus corner oft the now or formerly Graham tract as recorded Book line ofthe Graham tract South County 61 Registry; 50r thence along and with thes southwest of 439.90f fcett to thel Point of Beginning, degrces minutes 53s seconds East dislance Section 2. Upon and after the effective date of July 27", 2021 described territory and its citizens and property shall be subject to all the above ordinances and regulations in force int the City of Whiteville and shall be debls, tot laws, same privileges and benefits as other parts oft the City of Whiteville. Said entitledi the bes subjectt to municipal taxes accordingt to G.S. 160A-58.10. office oftl Section thel 3. The Mayor ofthe City of Whiteville shall cause to ber recorded int the State in Raleigh, Register North ofD Deeds of Columbus County andi int thec officc oft the Secretary of Section I above, Carolina, with an accurate map oft the annexed territory, describedi in also be delivered tot together the County a Board duly certified copy oft this ordinance. Sucha a1 maps shall  containing 5.92 Acres, more orl less.  territorys shall  ofBlections, asr required by G.S. 163-288.1. Adoptedt this 27" dayo ofJuly,2021.  z Mayor Terry L. Mann  TEST: Bonnic T.V Williams BM APPROVEDA ASTOFORM: CerlonF. Williamson, Williamson WalionSeatLLP AtomeyatLaw 136V WeshingionSirect Whiteville, NC2 28472 910-642-7151  O1dinaneNe.101:220 Page2of3    APPLICANT: Thriving, LLC 52751 Pleasant Plains Church Rd.  Icertify that Bonnie T. Williams personally thec capacity indicated: City Clerk Date:73olac2 GSACIECE RIVEHBARK Monn Hotary Carolina Public Urunswiek County  2021 and Ihave personal knowledge of the identity appeared of before the met this 27" day of July, met thats she voluntarilys signedt thef forgoing document for principal; acknowledging to  thep purposes state therein andi in Ba-k-lPRhel Notaryl Public My Commission Expires: 3.14303025  Ordinance Page3ors    Thompson, Price, Scott, Adams & Co., P.A.  P.O. Box 398 1626: S Madison Strect Whiteville. NC 28472 Telephone (910)642-2109 Fux (910)642-5958 Alan W. Thompson. CPA R. Bryon Scott. CPA Gregory S. Adams. CPA  July 22,2021 The Honorable Terryl LI Mann, Mayor City of Whiteville, North Carolina PO Box 607 Whiteville, NC: 28472 Re: Offer to Donate Property Dear Mayor Mann,  Iserve as President of Mobar, Inc and Commerce Realty, Inc, both are North Carolina Corporations in goods standing. Mobar, Inc and Commerce Realty, Inc aret the owners oft the property collectively known as the Lewis Smith Shopping Plaza in Whiteville. Mobar, Inc owns the properties designated by the Columbus County Tax office as properly numbers 4943 and 4945( (less and except property recently conveyed by deedr recorded in Deed Book 1255, Page 414 commonly known as the' Sherwin' Williams" store with an adjoining parking lot); and, Commerce Realty owns the tract designated by the Columbus County Tax office as property number 981(all properties hereinafter referred to as' properties"). Please accept this letter as af formal offer on behalf of Mobar, Inc and Commerce Really, Inc to donate the properties lot the City of Whiteville ("City") as an unrestricted gift. The properties would be conveyed upon thet following conditions: the properties are accepted in" "asis" condition; and the City will accept the values of the properties as provided by a recent appraisal for IRS purposes. Acopy of the Appraisal is provided with the letter. further request that the Thank youf for your consideration oft this offer. lam gladt top provide any additional information as needed. lamp prepared to complete this transaction at your earliest opportunity.  City be responsible for preparing the deed of conveyance.  Alan w. Thompson 2  Members  American Instite ofCPAs NC AsiatimarcPAw. AICPA Div: Ision ofhms    SISHVH