HITEL  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, January 26, 2021 317 S. Madison Street, Whiteville, NC, 28472  The Regular Meeting of the City Council oft the City of Whiteville was called to order on Tuesday, January 26, 2021, at 6:30 p.m., at 317 S. Madison Street, Whiteville, NC, Advisement of Virtual Meeting. This meeting was made available in a virtual environment. Viewers were invited to submit comments via the Q&A function  28472.  USE OF VIRTUAL FORMAT  located within the Microsoft Teams application.  1) ROLL CALL PRESENT: ABSENT:  Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, and  Kevin Williamson Tim Blackmon, and' Vacant Seat  OTHERS IN ATTENDANCE: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Robert Lewis, Planning Director; Hal Lowder, Emergency Services Director; David Yergeau, Fire Chief; Doug Ipock, Police Chief; Michelle Hoffman, Assistant Finance Director; Sean Martin, Economic Development Planner GUESTS: WECT TV-6, Ivey Schofield The News Reporter, Les High, Alan Mayor Mann asked that a moment of silent prayer be held for Council 3) INVOCATION provided by Council Member Jimmy Clarida. 4) PLEDGE OF ALLEGIANCE led by Mayor Mann.  Thompson- - TPSA Member Robert Leder.  2) CALL TO ORDER by Mayor Mann at 6:30 pm.  5) ADOPTION OF AGENDA Justin Smith MOVEDI to approve the agenda as presented. Jimmy Clarida SECONDED the motion. VOTE: 5-0 (Unanimous) Williamson) Nays: 0  Yeas: 5 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Kevin  Absent: 2 (Tim Blackmon, Vacant Seat) 6.1) Consideration for Approval of Minutes Regular Meeting on January 12, 2021 on January 12, 2021. Jimmy Clarida SECONDED the motion. VOTE: 5-0 (Unanimous) Kevin' Williamson) Nays: 0  6) APPROVAL OF MINUTES  Tim Collier MOVED to approve the minutes for the regular meeting held  Yeas: 5 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  Absent: 2( (Tim Blackmon, Vacant Seat)    7) PUBLIC COMMENT NONE 8) PRESENTATION  8.1) City of Whiteville's FY 19-20 Financial Audit  Mr. Alan Thompson, TPSA, presented this item to Council. He explained that this item is being forwarded to Council by request ofi its auditors, Thompson, Price, Scott, and Adams Company. He advised that as a political subdivision of the State of North Carolina, the City of Whiteville is required to conduct an annual financial audit. The FY19-20 financial audit was duet tot thel Local Government Commission on October 31st and is now being presented to City Council byt the auditor. The annual audit satisfies the annual requirement to complete an audit oft the City's financial operations, processes, and procedures. Mr. Thompson revieved the draft Findings of the Audit with Council. Council Mr. Martin reported on the Downtown Streetscape Master Plan relating to cost estimates and plan concepts. He advised that this presentation isi intended to inform Council and the public on the updated plan prior to asking for adoption of the plan. Staff is recommending that a public hearing be conducted on the plan prior to adoption. Mayor Mann set the date for the Public Hearing on February 9, 2021. Mr. Martin advised that Withers Ravenal would be present to make af full presentation of plan prior tot the Public Hearing on February 9th. 9.1) Public Hearing-Ordinance No. 2021-Z-17  accepted the draft Findings.  8.2) Downtown Streetscape Master Plan Presentation  9) PUBLIC HEARING  Mayor Mann Opened thel Public Hearing at 6:49 pm. Mr. Lewis requested that City Council consider at text amendment to modify the: zoning ordinance regarding how murals and public art displays are permitted. He explained that there was no language in the Code of Ordinances regarding mural signs until City Council adopted suchi in 2018. After researching the issue further, staff beeni instructed tor modify the current language and not consider murals or public art displays as signage. aHe explained that murals and public art displays are a key component to vibrant downtown areas. Staff would like to remind City Council thati ift the proposed change is approved, ity will affect all properties within the: zoning districts discussed ini the DRAFT Ordinance. He stated that the Planning Board made ar recommendation of approval at their regular scheduled meeting in December. Notice of the public hearing was advertised in The News Reporter on. January 15th and. January 22nd, 2021. Council questioned Mr. Lewis whether murals attached, not affixed to walls would be considered ar mural in the proposed ordinance andl Mr. Lowder advised that the NCI Fire Code needed to bep provided consideration int the Ordinance as well. Council briefly discussedi these issues. There were no comments from the Mayor Mann Closed thel Public Hearing at 6:57 pm. 10.1) Discussion & Decision-Ordinance No. 2021-Z-17 Council briefly discussed proposed amendments to Ordinance No. 2021-Z-17, as mentioned earlier in the Public Hearing. Jimmy Clarida MOVED to approve the adoption for the Statement of Plan Consistency and Reasonableness related to Ordinance No. 2021-  Public.  10) BUSINESS  Z-17.  Justin Smith SECONDED the motion. VOTE: 5-0 (Unanimous) Kevin' Williamson) Nays: 0  Yeas: 5 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Jimmy Clarida MOVED to approve the adoption of Ordinance No 2021- Z-17, as amended so to clarify attached and/or mountable surfaces, and toi include language addressing the NCI Fire Code specifications.  Absent: 2 (Tim Blackmon, Vacant Seat)  Tim Collier SECONDED the motion. VOTE: 5-0 (Unanimous)    Yeas: 5 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  Kevin Williamson) Nays: 0  Absent: 2( (Tim Blackmon, Vacant Seat) SPC PZ Ordinance 2021-Z-17 Murals_01262021 Ord No. 2H/IMIRR0Z2VA Commerce Street Storm' Water Project  10.2) Consideration for an Agreement to Engineering Services for the Mr. Currie explained that approximately twoy years ago, City Council reserved funds to complete the Commerce Street Stormwater Project. He advised that with the sewer project underway, the City Hall project completed, andt thef first storm water project complete, the City is moving onto the second stormwater project. He advised that design isi in draft stages now, and survey work willl begin soon, paving the way to obtain easements. He explained that originally, the engineering firm was going to try and save as much of the original line as possible. The line was inspected andi it has been determined the line is not worth using. A completely new linei is required up to Commerce Street from the south end that empties into the Franklin Street ditch. He advised that several items on Commerce Street needs work, for example new junction boxes are required and all new lines must be installed. He explained thati in the northern section of the project (which is behind Families First and around Anthony's) the lines are in good shape. No work is required there and this does reduce the cost oft the overall project. He advised that Council had approved $223,000 fort the project. The current estimate due to replacing more line is now $295,000 for the project. He advised that his recommendation is to appropriate more funds for the project, andi find cost savings where we can. However, in this area now, there is basically is no stormwater system due tot the condition of the system. He advised that ponding of water occurs real bad ini this area and this will help at tremendous amount for the Justin Smith MOVED to approve the Agreement between Engineering Services PA and the City for the Commerce Street Storm Water  business along this area. Project. Jimmy Clarida SECONDED the motion. VOTE: 5-0 (Unanimous) Kevin Williamson) Nays: 0 City Council  Yeas: 5 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  Absent: 2( (Tim Blackmon, Vacant Seat)  10.3) Discussion Pertaining to Filling a Vacant Seat for an Unexpired Term on Mr. Currie stated thati it was with al heavy heart that he had placed this item on the Council's agenda, due to the untimely passing of Council Member Robert Leder. Council Member Leder passed away on January 16, 2021. Mr. Currie advised that Mr. Leder served on Council for more than twenty years, representing District1 1 in the City. He explained that Council must decide in which method to use in selecting someone to fill the unexpired term left by Mr. Leder. Mr. Leder's term is set to expire in 2023. Mr. Currie advised thatt the City's Charter refers back to NCGS 160A-63. He advised that Council may appoint a qualified candidate to fill the term until the next election. The nexte election is November 2, 2021. He explained that whoever is appointed by the Council, MUST filei fort this seat for the rest of the unexpired term, ift that person desires to continue to serve out the rest of the term. He stated that any other qualified person can runi for the seat as well. The seat is in District 1. He explained that thep person elected tot this seat for the unexpired term willl hold the: seat until 2023. He explained that Governing bodies may use one of several processes to appoint someone for vacancies, such as: 1. Accept applications from qualified persons who havei interest in serving, Staff has included a draft of an application that may be used and certainly can be modified for this use. 2. Cover letters and resumes. 3. Appoint someone oft their choosing that is qualified to serve Ap person is a qualified by being a registered voter and a resident of the  that isi interested in holding the seat.    district for the vacant seat. He asked that Council provide guidance to Staff as to how to proceed. Council ensued in some discussions regarding how and when to fill the vacant seat for the unexpired term Kevin Williamson MOVED to approve the acceptance of applications until 5:00 pm, on Tuesday, March 2, 2021 and make an appointment on  ending in 2023. March 9, 2021. Jimmy Clarida SECONDED the motion. VOTE: 5-0 (Unanimous) Kevin' Williamson) Nays: 0  Yeas: 5 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  Absent: 2 (Tim Blackmon, Vacant Seat)  11) COUNCIL COMMENTS  Council Member Collier asked for an update on the West Whiteville Park bridge project. Mr. Currie responded. and discussed with Council a map of the project. He advised the Council that it appeared the bridge would begin construction in early spring 2021. Council Member Collier asked Mr. Currie if he could reach out to WM regarding the Leaf & Limb schedule. He stated that the community had al Water Street clean-up and the debris from the clean-up needed to be picked-up. Mayor Pro Tem Smith asked Mr. Brown ift the City would be bidding out the contract for auditing services this year. Mr. Brown advised that the City would be solicting bids for auditing services this spring. Mayor Pro Tem Smith asked for a confirmation that a presentation regarding the Streetscape project would be made prior to Council holding a Public Hearing. Mr. Martin said that was correct. Mayor Pro Tem Smith asked that once Staff created a' "Needs List", that it be shared with the rest of City Council. Mr. Currie provided an update relating to the letter he had drafted to send to the City's local legislative delegation which will include the "Needs List". Mayor Pro Tem Smith advised that he felt the monthly departmental reports seem enhanced and stated that he was glad to have the information so that he could better answer questions Council Member Clarida asked Mr. Currie to check on McGill Street, it appears that illegal dumping has started again. He asked if the City could put up' "No Dumping" signs. Mr. Currie stated that he would follow up. Council Member Williamson asked if there would be stairs in' West Whiteville Park. Mr. Currie advised that there would be no stairs but a ramp that will be ADA compliant. Council Member Williamson stated that he received late a public comment from a citizen relating to the clean up of debris, may a community response. Chief Ipock provided some comments. Council Member Williamson asked Chief Ipock about a previously discussed concept of the City using cameras around the City to help deter and curb the crime rate. Chief Ipock provided Council an update on the research that he had done thus far and explained how some of the quotes were coming together. Mayor Mann suggested that perhaps the City school system would be interested in sharing the costs with the City for this project. Chief Ipock advised that he would continue with some research and report back to Council at a later date. Mayor Mann commented that he thought the new construction of the ABC Store was looking good but could the City do something about the structure next to it. Mr. Currie advised that this structure was on the list to look at. Mayor Mann announced that Mr. Martin was leaving the City to become the Town Manager of White Lake, he thanked Mr. Marting fora a job well done for the City of Whiteville. He thanked Mr. Brown and his staff for aj job well done relating to the annual audit.  from citizens.  12) REPORTS  12.1) Manager's Update Mr. Currie reported on the following areas: Mollies Branch Project ABC Store Project StormWater Project  Mr. Currie extended a personal thank yout toi the members oft the Council and Staff for their support and care throughout the month of Mr. Currie deferred to Mr. Lowder for an update on COVID-19. Mr. Lowder provided some: statistical information and vaccine distributions.  December due to the death of his mother.    12.2) Monthly Departmental Reports for December 2020.  Council recieved monthly departmental reports from thei following departments: Office of the City Clerk, Emergency Services, Finance, Fire, Human Resources, Parks and Recreation, Planning/Economic Development, Police, Public' Works, and' Waste Water Treatment Plant. Jimmy Clarida MOVED to approve the adjournment of the regular meeting on  13) ADJOURNMENT  January 26, 2021 at 7:56 pm.. Tim Collier SECONDED the motion. VOTE: 5-0 (Unanimous) Wiliamson) Nays: 0  Yeas: 5 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Kevin  Absent: 2 (Tim Blackmon, Vacant Seat)  Trb TerryL.N Mann/MAYOR Bonnie baDie T. Willams, CITY CLERK    Ordinance No. 2021-Z-17  Statement of Plan Consistency and Reasonableness amotion being made regarding thet text amendment. request.]  [This statement is tol be readi into the recordo and ai motion madet to adopt or rejectt this statement priort to Motion to Approve: Referring to the Land Use Plan, Chapter 4, Section 4-5, Policies and Strategies, Goal 5 states "Preserve historic architecture features and buildings within the downtown area that lend to Whiteville's unique sense of place." Murals and public art displays can contribute to the historic characteristics with a city's downtown. The text amendment is consistent with the goals and objectives discussed int the Comprehensive Land Use Plan.  Motion to Deny: Referring to the Land Use Plan, Chapter 4, Section 4-5, Policies and Strategies, Goal 5 states "Preserve historic architecture features and buildings within the downtown area that lend to Whiteville's unique sense of place." Murals and public art displays can contribute to the historic characteristics with a city's downtown. The text amendment is consistent with the goals and objectives discussedi in the Comprehensive Land Use Plan, buti is not  within the public's interest at this time.  For5 Aginstr_D  Teplen Terry Mann, Mayor  ATTEST: erk  bphélba Bonnie) William  Date:    /26-20a/    ORDINANCE NO. 2021-Z-17  CITY OF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE ADDING AND AMENDING CHAPTER 155, $155.018, DEFINTIONS, $155.065 TABLE OFI PERMITTED USES, AND ADD SECTION $155.157, MURAL SIGNS, TOTITLE) XVLANDI USAGE OF THE WHITEVILLE CODE OF  ORDINANCES! BY TEXT AMENDMENT  WHEREAS, the City of Whitevillc is authorized to establish ordinances and regulations relating tot the general welfare of the community and proper land use and: zoning practices; and WHEREAS, the Staffo oft the City of Whiteville feel that the following additions willl better serve WHEREAS, the City of Whiteville Planning and Zoning Board, having held aj public hearing on December 7", 2020, finds the amendments tol be consistent with the City of Whiteville's! Land WHEREAS, the City of Whiteville City Council, having published notice on. January15", 2021 NOW' THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTIONI I.The Code of Ordinances, TITLE XV, by the amendment of Chapter 155, Section(s) $155.018, $155.065, Section $155.157. Deleted portion shall bei indicated by beld-blaek strikethreugh andi inserted texti in ADRAuacIRchaNIeN. SECTION II. CONSISTENCY. Thej provisions oft this Ordinance are found tol be consistent with the CityofWhiteville'sl Land Usel Plan. $1 155.013 DEFINITIONS.  the community and land use goals oft the City; and  Usel Plan and recommends amending the Code of Ordinances; and and. January 22"d,2 2021,1 held aj publicl hearing on. January 26",2021; WHITEVILLE, NORTH CAROLINA, THAT:  SIGN, MURAL(S), EATERIORWALLPAINIEDARTNORRSOFARTINPURLIC VIEW: Any sign muralorworks. ofartin publicview whichi is applied directly to thes surface ofa structure, whichcan utilizean attached or mountable surface for backing perNorth Carolina) Fire Code specifications and regulations. Typically, such signs murals orworksof arta are painted or applied directly tot thel building structure, are of an artistic nature, as well as an informative sign, and are well suited anda appropriate for thej particular use, site and built environment. A-muralshalkeount towards heallowabie-wallaignageinthatdistiet: Muralso orworksofartarecemptfromalowablewallsipage Tlidefimitionapplesto  sculptures and likey worksofa art in public view.    $155.065 Permitted and Conditional Use) Regulations Zoning) Districts  Use Signs; Mural(s), Exterior Wall Painted_Art, Sculptures  RA-20 R-20 R-12 R-6 R-6MF MHP R-6- 0-I B-1 B-2 B-3 B-4 1-1 1-2  P P P P P P P  $155.1571 MURAL(S) SICNSEATERIORWALLPAINTFDARTNORKSOFARTIN Mural(s) signs exteriorwallpaintedarkorksdlartinpablicview.and. sculpturesorl like works of arti in publicview are permitted int thel B-1, B-2, B-3, B-4, 0&1, I-1, and I-2: zoning districts, provided the content, palette, execution, placement, ands size are approved byt the PlammingBoardandendCit-Cemmell: administrativelyl byt thel Planning Director subiect to the Tollowingstandards Amadminstratielealswillechare fort the reviewofmurals and likeworks ofp publicart. Meralsignsshal-beceumted-towards: the allewable-wall 1) Murale)orexteriory wall paints shall matohcur-arcHicturalt features suchas windows doors. pilasters. or cornices. Windowsanddormayhaveart.butte Murall)andexterions wall paintmay bee externally REEHIaRsNT Murals and exterior wall paint aperedaferlanuan.s Imstbemanandn good repair by the owner of thel building on which they are displayed. 4) Sculptures or other like works ofartshall not! ber placed ordisplayedi inp public right 5) Allmural(s), exterior wall paint, andy works ofa art inj public.view must! bes submitted tothel Planning) Dserforadninstalse view. Upons approval, thea applicantwill receive a certificateofs appropriateness. Failure to maintain murals or publicy works ofarttoincludes sculpturesorl likes structures shall resultint thec certificateof appropriateness becoming void. The applicant orb buildng/propertys shallbe notified appropriately. Resultorf failuretor maintain mayr resuttimremoulbythe SECTION. III. CODIFICATION. The provisions ofthis Ordinance shall! bet published as appropriate in the Whiteville Code of Ordinances as soon as practicable. SECTION IV. SEVERABILITY CLAUSE. Ifanys section, part of provision oft this Ordinance is declared unconstitutional ori invalid bya a court of competent jurisdiction, then itise expressly  PUBLICVIEW  signage.  interior oft thel building must bes visual. bedirected at ther mural or exterior all paint. of-ways toi include obstruction ofs sidewalks.  Cityor penalties discussed in $155.999.    provided andi itist thei intention of the City Council inj passing this Ordinance thati its parts shall bes severable and all other parts oft this Ordinance shall not be affected thereby and theys shall SECTIONV. PUBLICATION. ANDI EFFECTIVE! DATE. This Ordinance shallt take effect READ, CONSIDERED, PASSED. AND APPROVED ata a regular meeting of the City Council of Whiteville, North Carolina, at which a quorum was present and which was held ont the 26" day  remaini in full force and effect.  immediately uponi its passage and publication according tol law.  ofJ January, 2021. Votes: For 5 Votes: Against_ 0  CITY OF WHITEVILLE  BY: uyMhan Terry L. Mann/Mayor  ATTEST:  BY:  Bonme Williams, br4  APPROVED AS1 TOF FORM: CarltonF F. Williamson Williamson, Walton & Scolt! LLP Attomey atl Law 136 Washinglon Strect Whiteville, NC2 28472 910-642-7151