1E  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. - Tuesday, July 13,2021 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, July 13, 2021, at 6:30p p.m., at 317 S. Madison Street, Whiteville, NC, 28472. Advisement of Virtual Meeting. This meeting was made available in a virtual environment. Viewers were invited to submit public comments via the Q&A function located within the Microsoft Teams application or by contacting the  City Clerk. 1) ROLL CALL PRESENT: ABSENT:  Terry! Mann, Justin Smith, Jimmy Clarida, Tim Collier, Vickie  Pait, and Kevin Williamson Tim Blackmon  Others in Attendance: Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Robert Lewis, Planning Director; Roger Lee, Building Inspector; Hal Lowder, Emergency Services Director; Doug Ipock, Police Chief; David Yergeau, Fire Chief; Newlyn McCullen and family; Emory Worley; Ivey  Schoffield (The News Reporter) 2) CALL TO ORDER by Mayor Mann at 6:30 pm. 3) INVOCATION provided by Council Member Tim Collier. 4) PLEDGE OF ALLEGIANCE led by Mayor Mann. 5) ADOPTION OF AGENDA Kevin' Williamson SECONDED ther motion. VOTE: 6-0 (Unanimous) Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Tim Collier MOVED to approve the adoption of the agenda as 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 June 22, 2021 meeting held on June 22, 2021 as presented. Vickie Pait SECONDED the motion. VOTE: 6-0 (Unanimous) Pait, Kevin' Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Justin Smith MOVED to approve the adoption of the minutes for the regular  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Vickie  7) PUBLIC COMMENT  Mr. Emory' Worley asked Council about two matters, the first being whether the City (and Council) had any authority over Spectrum Cable and the setting of their rates, Mayor Mann confirmed that the City (and    Council) had no authority over Spectrum. Secondly, he asked that Council address the matter related to Leaf and Limb not being picked up by Waste Management (WM). He stated that his had not been picked up in five weeks and his street looked terrible. Mayor Mann said that this matter willl be discussed some during the Council Comments segment of 8.1) Consideration for Resolution No. 2021-R-134 Recognizing Newlyn McCullen for Years of Dedicated Public Service Mayor Mann announced that Mr. Newlyn McCullen retired from the City on June 30, 2021. He served as the Director of the Waste Water Reclamation Facility (WWRF). He served over 21 years in the City's WWRF. He advised that Resolution No. 2021-R-134 recognizes his tireless public service to the citizens oft the City of Whiteville. Jimmy Clarida MOVED to approve Resolution No. 2021-R-134 recognizes the public service ofl Mr. Newlyn McCullen. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon) McCullen. Board  the agenda. 8) BUSINESS  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  Mayor Mann presented a framed copy of the Resolution to Mr. 8.2) Consideration for Appointment to the Whiteville Housing Authority Mayor Mann reported that the City Clerk received an application from Mr. Dean Jackson stating his desire to be appointed on the Whiteville Housing. Authority Board. He explained that there is a vacancy on this Board, an unexpired term ending December 31, 2024. Onl May 25, 2021 Ms. Mary Lisa Ward (Whiteville Housing Authority Director) received an email from Amanda Horne, a board member thats she needed to resign from the Board due to her schedule. Jimmy Clarida MOVED to approve the appointment of Mr. Dean Jackson to the unexpired term, previously held by Ms. Amanda Horne,  ending December 31, 2024. Vickie Pait SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  8.3) Consideration to Certify Voluntary Non-Contiguous Annexation and Set Public Hearing for 5275 Pleasant Plains Church Road Mr. Lewis presented this matter to Council. He explained that Mr. Don Croteau has submitted a petition for voluntary non-contiguous annexation of: +5.9 acres located at 5275 Pleasant Plains Church Road (PID#s 90388, 5444, 4579). The property is currently zoned RA-20 and received conditional use approval for duplexes and preliminary subdivision plat approval at City Council's June 22 meeting. He stated that vested rights have not been claimed by the petitioners. The Planning Board has reviewed the request. He advised that a public hearing is required prior to Council considering the property for Justin Smith MOVED to approve setting a public hearing date for July 27, 2021 at Council's regular scheduled meeting for the voluntary non- contiguous annexation petition submitted by Don Croteau and Thrive, LLC of approximately 5.9 acres at 5275 Pleasant Plains Church Rd.  annexation.  (PID#s 90388, 5444, 4579). Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin' Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  8.4) Consideration for N-Focus Code Enforcement Contract    Mr. Lewis presented this matter to Council. He stated that the contract submitted by N-Focus for code enforcement services is for the amount of $29,536, as approved ini the FY 21-22 budget. He advised thati if approved, N-Focus could begin work ther next day. Jimmy Clarida MOVED to approve the N-Focus Code Enforcement contract as per the FY: 21-22 budget, and authorize the City Manager to execute the contract. Vickie Pait SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  8.5) Consideration for the 2021 Elections Related to SB722  Ms. Williams presented this matter to Council. She explained that SB 722i is an act that requires elections in local governments with one or more offices up for election in 2021, where the candidate(s) for that office is elected by district; the act delays the 2021 election until March 8, 2022. The act also requires local governments with a delayed 2021 election to review and revise those electoral districts following the release oft the 2020 US Census data. A delayi in data from the US Census has been the cause of the election delays. She explained that Council is being asked to consider holding the election for the at-large mayoral contest along with the other district contests that willl be on the March 8, 2022 ballot. She explained that Council could decide to hold the at-large mayoral race on November: 2, 2021 if they wanted. She advised that ift they decided to hold two separate elections, there would be two separates invoices one for each election. She also advised that holding two separate municipal elections could cause some voter confusion. Brief discussion ensued. Mr. Lewis addressed Council regarding the review of electoral districts for the consideration of redistricting. He advised that he hads spoken with Mr. Alan Serkin (CFCOG) and was told that all of the census datal has noty yet been made available tol local governments. It would be probably September before the data would be dumped for local governments to download and create maps for review. Brief discussion ensued. The consensus of Council was to delay the review oft the electoral districts until the census Jimmy Clarida MOVED to approve holding the 2021 Municipal Election for the At-large Mayoral Seat on March 8, 2022, along with all other  data is made available. municipal districts seats. Vickie Pait SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  8.6) Donation from Woodmen of the World  Chief Ipock addressed this matter with Council. He reported that the Police Department has received ar monetary donation (check) int the amount of $500 from Woodmen of the World. He explained that Woodmen of the World makes donations tol help provide local first responders with thei funds to meet needs such as extrai training, bulletproof vests, PPES, and uniforms. Brief discussion ensued. Mr. Brown reviewed FYE22 BA: #1 with Council. Jimmy Clarida MOVED to approve accepting the check in the amount of $500 from Woodmen of the World and Budget Amendment FYE22-1 for the purposes of community outreach. Vickie Pait SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  8.7) NCLM Safety Grant Award  Chief Yergeau presented this matter to Council. He explained thati in April 2021, the Fire Department submitted to the NCLM1 two Safety Grant applications. One was for the Workers Compensation (WC)    group and the other was under Property Liability (PL) group. Under the WC Group, the Fire Department applied for al RITI Pack and 15 Bailout Escape Kits. The NCLM awarded the grant for the 15 Bailout Escape Kits. The amount of award for this safety grant is $709.45. The City's share for the grant is $709.55. The total for this grant is $1419. Under the PL group, the Fire Department applied for a fence with an electric gate to secure the rear parking lot of the station. The NCLM awarded the PL grant fort the fence. The amount of award for this safety granti is $5,000. The City's share for the grant is $12,870. The total for this grant is $17,870. The total for both projects is $19,289, the City's share for both projects is $13,579.55. Brief discussion ensued. Mr. Brown reviewed thel FYE22 BA! #2a-C with Council. Justin Smith MOVED to approve accepting the NCLM Grant award and approving FYE22 BA: 2A-C. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin' Williamson) Nays:0 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  8.8) Request to Apply for the Walmart Community Grant Chief Ipock presented this matter to Council. He explained that the Police Department would like to apply fort the Walmart Community Grant. He stated that the funds received through this grant would be utilized by the police department for community outreach programs. Jimmy Clarida MOVED to approve the Whiteville Police Department to  Breif discussion ensued. apply for the Walmart Community Grant. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1( (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  8.9) Consideration for Resolution No. 2021-R-139, Accepting American Rescue Plan (ARP) Funds from the Federal Government Mr. Brown presented this matter to Council. He explained that the proposed resolution is at first stepi in receiving the City's relief funds. He advised that there will bet two disbursements regarding these funds. Once funding arrives, Council willl be presented with a budget amendment to set up a fund to allow expenditures. Mr. Brown explained that the City is waiting for more guidance for how the funds can be spent as well as other rules/procedures relating to the funds. Brief discussion ensued. Kevin Williamson MOVED to approve Resolution No. 2021-R-139, accepting COVID Relief Funds in association with the ARP. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Vickie Pait, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  9) COUNCIL COMMENTS  Mayor Pro Tem Smith provided comments regarding' WM and that they have not been picking Leaf & Limb (L&L) as stipulated in their contract with the City. All other council members concurred. Mr. Brown provided an operational update as provided to him from WM. He advised that he was told that they have a staffing shortage and some issues in training their staff. Council Member Williamson and Mayor Pro Tem Smith asked that the City Attorney review the contract with WM for possible breach of contract. Mr. Brown advised that he would ask Mr. Williamson (Carlton) to review the contract and reminded Council that our contract with WM expires in April 2022. He advised that he and Mr. Currie had already discussed bidding out sanitation service this fall. Mayor Mann commented that perhaps the City could write al letter to WM: advising them that we are not satisfied with the L&L services being rendered and perhaps if not corrected, the City could pursue deducting payments. Brief discussion ensued. Council Member Williamson reported that a    hole in the road at Franklin and Fuller Streets had been repaired but is now forming again. Mr. Brown stated that he would ask the Public Works department to take a look at it. Mayor Pro Tem Smith reported that Duke Energy will be cutting trees on some property adjacent to the area of the  new main substation. 10) REPORTS 10.1) Manager's Update  Inl lieu of Mr. Currie's absence at the meeting, Mr. Brown reported that supply chain delays still exist and iti is slowing down some of the City's projects. He also advised that the auditors have sent letters to Council and staff and ask that everyone respond to thel letters for the FYE21 Vickie Pait MOVED to approve the adjournment of the regular meeting on July  audit.  11) ADJOURNMENT 13, 2021 at7:23 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  H Bonnie T. Williams, CITY CLERK phig  TerryL.N Mann, MAYOR    Resolution No. 2021-R-134  RESOLUTION OFTHE  CITY OF WHITEVILLE, NORTH CAROLINA  RECOGNIZINGNEVLYWMACUILENFOR. LOYAL, PUBLICSERVICE WHEREAS, Newlyn McCullen retired on June 30, 2021, after serving the City of Whiteville faithfully andl having demonstrated: a deep commitment tol his career by performingl his duties andi responsibilities with the utmost care tot the Waste Water Treatment Plant (WWTP) for WHEREAS, the citizens of the City of Whiteville, North Carolina, have benefited significantly from the dedicated public service rendered1 byl Newlyn McCullen; and WHEREAS, Newlyn McCullen dutifully performed as a Pretreatment Coordinator, WWTP Superintendent, and WWTP Director withl his employment beginning onl March 13, 2000, sharing with the City his professional experience in the treatment of waste water; and WHEREAS, Newlyn McCullen proudly served the WWTP department with a dedicated WHEREAS, the City of Whiteville owes a tremendous debt of appreciation tol Newlyn McCullen and he is deserving of special recognition and praise for his long career of dedicated NOW, THEREFORE, BE IT RESOLVED by the City Council of Whiteville to express their BEI ITI FURTHER: RESOLVED that ac copy oft these expressions bei included within ther minutes of the City of Whiteville and that a copy be presented tol Newlyn McCullen at the regular City Council meeting on. July 13, 2021 with the compliments oft the City ofWhiteville.  over twenty-one years; and  and earnest attitude; and  public service, leadership and direction; and appreciation for his years ofs service; and  8 AFFIRM: Darren Currie, City Manager ERKN  Terry L/Mann  Mayor f4awL  ITETT  CityCler)    Resolution No. 2021-R-139  Accepting American Rescue Plan. Act Funds  WHEREAS, the City of Whitevillei ise eligible for funding fromt the Coronavirus State andI Locall Fiscal Recovery Funds ofH.R. 1319 American) Rescue Plan Act of2021 (CSLRF). WHEREAS, thel North Carolina General Assembly willy provide for the distribution of fundst to eligible WHEREAS, before receiving aj payment, the City Councili isi required to formally accept the CSLRF WHEREAS, revenue received under the CSLRF must only bes spent for purposes authorized by the WHEREAS, revenue received under the CSLRFI must bea accountedi fori ina a separate fund and not co- WHEREAS, the City of Whiteville must comply witha alla applicable budgeting, accounting, contracting, NOW,THEREFORE, BEJ ITI RESOLVED by the Council oft the City ofWhiteville that we dol hereby accept and request CSLRF funding tol be distributed by the State of North Carolina; and FURTHER. RESOLVED that the City of Whiteville affirms that the CSLRF revenue will onlyb beu used fort the purposes prescribed int the CSLRF, andi in US Treasury guidance in 31 CFR, Part 35, anda any FUTHER RESOLVED that the City of Whiteville will comply with procedures created byt thel North Carolina General. Assembly and the US Treasury Department tor receive funds under the act; and FURTHER RESOLVED that the City of Whiteville will account for CSLRFi inas separate fund andi not co-minglei it with other revenues for accounting purposes and will comply with all applicable federala and statel budgeting, accounting, contracting, reporting, and other compliance requirements for CSLRF funds; FURTHER: RESOLVED that the City Council oft the City of Whiteville designates and directst the City Manager and the Cityl Finance Officer tot take alla actions necessary on behalf oft the City Councilte to  North Carolina municipalities; and  funds;  CSLRF, and applicable regulations, and by state law; mingled with other revenue for accounting purposes; and reporting, and other compliance requirements for CSLRF funds.  applicable regulations, andi ina accordance withs statel law; and  and  receive the CSLRFi funds.   ADOPTED, this the 13"h day ofJuly,2021.  Terryl  Bonnie Williams, City bmilieg  R  (seal)  1833    CITY OF WHITEVILLE Budget Amendment FY2021-2022  Amendment # Revenue Account 10-3350-0000  Current Budget 54,000  Increase Revised (Decrease) 500 Budget 54,500  Account Description Misccllancous Revenuc  Expenditure Account 10-5100-1000  Current Budget -7,000  Increase (Decrease)  Revised 500 Budget 1,500 aub  Account Description SchpelsaTranig MisG Exp  7/3/4  JUSTIFICATION:  This budget amendment receives a $500.00 monetary donation from Woodmen of the World and increases the Police  Department's Schools and Traning linei item by $500.00. REVIEWEDBY: A  DATE: 7/13/29,/ DATE: 7h3/2021 2021 by the Whiteville City Council  Financel Director  City Manager SSuly  APPROVED] BY: DULY ADOPTED this_ 134h dayof_ at Whiteville, North Carolina. AFFIRMEDI BY:  dauplor TerryL. Mann, Maypr  ATTESTED BY: ble    CITY OF WHITEVILLE Budget Amendment FY2021-2022  Amendment # 2A- Local Match] Funding for NCLM Grants  Revenue Account 10-3990-0000 Total Expenditure Account 10-9000-6700 10-9000-6800 Total JUSTIFICATION:  Current Budget 0  Increase (Decrease) Budget 13,580 13,580 # Increase Revised (Decrease) Budget 12,870 12,870 710 710 13,580 #  Revised 13,580  Account Description Fund Balance. Approp.  Current Budget 0 0  Account Description Tranfer tol NCLMI P&LI Insurance Grant Tranfer tol NCLM Workers Comp. Grant  This budget amendment appropriates matching funds for the NCLM Workers Compensation Grant for $710: and the) NCLM  Property and Liability Grant for $12,870. REVIEWEDBY: Ah  DATE: 2//2ez/ DATE:_ 7/13/2o2 2021 by the Whiteville City Council  Financel Dircctor 2 City Manager  APPROVEDI BY: at Whiteville, North Carolina. AFFIRMEDI BY:  DULY ADOPTED this 13% dyaf_Julg  azha Terryl L Man, Mayor, .  ATTESTEDI BY: C    CITY OF WHITEVILLE Budget Amendment FY2021-2022  Amendment: # 2B-NCLMI Property & Liability Insurance Grant Fund  Revenue Account 67-3010-0100 67-3010-0900 Total Expenditure Account 67-6000-7400 Total JUSTIFICATION: Station. REVIEWEDI BY: APPROVEDBY: DULY ADOPTED this_ 134 aty Whiteville, Carolina. North AFFIRMEDBY: ATTESTEDBY:  Current Budget 0  Increasc (Decrease) Budget 5,000 12,870 17,870 # Increase (Decrease) Budget 17,870 17,870 #  Revised 5,000 12,870  Account) Description  Grant] Proceeds Locall Match  Current Budget 0  Revised 17,870  Account Description  Capital Outlay  This budget amendment establishes the! NCLMI Property andl Liability Insurance Grant Fund. Grant proceeds ares $5,000 witha local match of$12,870 fora at total of$17,870. The total proceeds will got toward the purchase ofa perimeter fence at the Fire  AK Financel Director 02 City Manager dya_Tlg TengL. Mann, fH Mayor bm Milag City Clerk  DATE: 7/13/2-2/ DATE: 7h8/2021 2021 byt the Whiteville City Council    CITY OF WHITEVILLE Budget Amendment FY2021-2022  Amendment # 2C-NCLM' Worker's Compensation Grant Fund  Revenue Account 68-3010-0100 68-3010-0900 Total Expenditure Account 68-6000-7300 Total JUSTIFICATION:  Current Budget 0  Increase Revised (Decrease) Budget 709 709 710 710 1,419 # Increase (Decrease) Budget 1,419 1,419 #  Account Description Grant Proceeds Local Match  Current Budget 0  Revised 1,419  Account Description Inventory Assets  This budget amendment establishes thel NCLM Works Compensation Grant Fund. Grant procecds arc $709 withal localr match of$7101 fora a total of$1,419. Thet total proceeds will got toward the purchased ofa Bailout Escape Kits.  REVIEWEDI BY: APPROVED! BY: DULY ADOPTED this_ 1356 aty Whiteville, North Carolina. AFFIRMEDI BY: ATTESTEDI BY:  DATE: Z//201/ DATE: 7/3/2028 20211 by the Whiteville City Council  FinanceD Director - City) Manager &o dyof_Jaly TenyLMann, Mayor 7City Clerk  M