HITE  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. - Tuesday, October 13, 2020 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, October 13, 2020, 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.  located within the Microsoft Teams application.  1) ROLL CALL PRESENT: ABSENT:  Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Robert  Leder, and Kevin Williamson Tim Blackmon  Others in Attendance: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Robert Lewis, Planning Director; David Yergeau, Fire Chief; Doug Ipock, Police Chief; Hal Lowder, Emergency Services Director; Sean Martin, Economic  Development Planner; Gary Bass, ABC Board Chairman 2) CALL TO ORDER Mayor Mann called the meeting to Order at 6:32 pm. 3) INVOCATION Provided by Council Member Clarida. 4) PLEDGE OF ALLEGIANCE Led by Mayor Mann. 5) ADOPTION OF AGENDA  Justin Smith MOVED to approve the agenda as presented and to include a Closed Session pursuant to NCGS 143.318.11 (a)(1)(5)(i).  Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Robert  6) APPROVAL OF MINUTES  6.1) Consideration for the following minutes: Regular and Closed Session Jimmy Clarida MOVED to approve minutes for the Regular and Closed  Meetings held on September 22, 2020 Session Meetings held on September 22, 2020. Robert Leder SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,    7) PUBLIC COMMENT None. 9) PUBLIC HEARING  9.1) Public Hearing.P8ZH20.07-01 Rezone R-6 to B-33 300 Block W. College  St. Gordon Wong  Mayor Mann Opened the public hearing at 6:35pm. Mr. Lewis present the application for PZ#20-07-01. He explained that the applicant had submitted a rezoning petition for the subject property to be rezoned from R-6 to B-3. Per Columbus County Tax records, subject parcel is owned by Gordon Wong. He advised that Staff has provided proper notice of the hearing, including mailed notice to the applicant and to adjacent property owners, advertised notice in the newspaper, and posted notice on site. Mr. Lewis reported on the site and area characteristics being that the property is one (1) parcel, Columbus County Property #802 andi is approximately 0.74 acres in size. The property isz zoned R-6 and has been vacant property.He stated that Mr. Wong owns the property to the East which is zoned B-3 and was used for the East Wind Chinese Restaurant. The restaurant had to relocate due to the US 701 widening project. The property immediately adjacent toi the site is zoned B-3 or R-6. Hee explained that the subject site can be combined with the subject parcel affected by the US 701 widening project to be considered for future development. The proposed B-3: zoning district is established to be generally located along major roadways "leading into the and around the developed areas and provide retailing of goods and services to passing motorist and local residents." He reported that, JK Powell Blvd. is classified as a major thoroughfare ini the draft Columbus County Comprehensive Transportation Plan. The segment of. JK Powell Blvd. is al high volume roadway the where traffic volumes that average or exceed 25,000 cars per day. He explained the dimensional standards being as the site is large enough to accommodate the minimum dimensional standards of the proposed: zoning district.. Any use of the property for commercial purposes, provided thatt the rezoning request is granted, will require a6 6' vegetative buffer tol be planted or maintained along the wester property boundary adjacent to residential zoning designation when developed. Mayor Mann Closed the public hearing at 6:40 pm.  10) BUSINESS  10.1) Decision & DscussonP8Z#20.07-01 Rezone R-6 to B-3 300 Block W. Mayor Mann asked the Council ift they had any questions or discussion regarding PZ: 20-07-01. None were offered. Mayor Mann read the Statement of Plan Consistency and "The future land use map identifies the subject. site as medium 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-32 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 woulde encourage development of an underutilized, property for commercial use. The proposedi rezoning is reasonably consistent with the Land Use Plan and is reasonable and in the public's interest because iti is centrally-located: along a major thoroughfare and, therefore, well-suited for commercial development, and because itis immediately adjacent to a parcel that was previous Jimmy Clarida MOVED to approve the Statement of Plan Consistency  College St. Gordon Wong  Reasonableness:  developed: for commercial use." and Reasonableness. Robert Leder SECONDED the motion. VOTE: 6-0 (Unanimous) Nays: 0  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  Robert Leder, Kevin Williamson)    Absent: 1(Tim Blackmon)  SPCPZ2020-07-01 Gordon Wong.Approved 10132020 Jimmy Clarida MOVED to approve the rezoning request of approximately 0.74 acres from R-61 to B-3. Justin Smith SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin' Williamson) Nays:0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  10.2) Consideration for Ordiance No. 2020-0-80, Amending Chapter 22, Section 22.002: Whiteville Housing Authority and Reappoint the Current Members in Order to Establish Staggered Terms Mr. Currie explained that many portions of the City Code that pertain to the Whiteville Housing Authority Board regarding appointments, term, length oft term, and residency are vague. He stated that Staffis proposing to update this portion of the City Code in order to clarify the provisions regarding residency requirements, length of term, effective dates for terms, the way that Council appoints members, andt thet filing oft the appointment certificates. He reported that Staff also proposes. that Council reset the appointments oft the current members for the purpose of establishing staggered terms. He advised that Staff has worked with Ms. Mary Lisa Ward, Executive Director of the Whiteville Housing Authority and has notified the current apoointed members of the Whiteville Housing Authority Board regarding the proposed Jimmy Clarida MOVED to approve Ordinance No. 2020-0-80 and reappoint the current members as follows to establish staggered terms: Amber Bellamy, Carol Caldwell, and Amanda Horne to 3 year terms, beginning January 1, 2021 and ending on December 31, 2024; and Karen Beckham and Shanik Smith to 2 year terms, beginning January 1, 2021 and ending on December 31,2023. Robert Leder SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon) Authorly_Approved 10132020  ordinance.  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  Ord_No 2020-0-80 Amending. Chp 22 - Section 22.002 Housing  10.3) Award of Engineering Services for Lift Station 1 Project  Mr. Currie explained that this application for funding was approved by Council, and the State has notified the City by al Letter of Intent to Fund. He advised that this project will replace all pumps, rehabilitate station1 1, elevate controls above flood level and install a new force main to the plant. This will reroute the existing line, which is in environmentally sensitive area, and allows better access for staff in the event of repairs. He advised that as a requirement of the grant guidelines, the City must adhere to thel MiniBrooks Act for securing professional services on this project. AI Request for Qualifications (RFQ) was sent outf for engineering services related to this project. The only respondent the city received was from Engineering Services, P.A. He advised that Engineering Services, P.A. is currently working on three other projects Terry Mann MOVED to approve tentatively award a contract for services to Engineering Services, P.A., pending negotiations and approval of the Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  for the City. final contract by Council. VOTE: 6-0 (Unanimous) Robert Leder, Kevin' Williamson) Nays: 0 Absent: 1 (Tim Blackmon) Annual Distribution for Construction  10.4) Consideration for ABC Commission Request to Retain al Portion oft the    Mr. Currie and Mr. Bass explained that the Whiteville ABC Commission isr requesting to retain aj portion oft their distributions for the new construction oft the ABC Store. Mr. Currie explained that due to an increase int the ABC's overall revenue, the state has categorized them differently and the Commission must make al larger distribution this year. He reported that the ABC store must reduce the overall amounti in cash on hand. As a result, the distribution is more than the City has budgeted. He explained that the City normally receives around! $40,000 annually in distributions. Mr. Currie stated that this yeari iti is above $135,000. He explained that if Council approves this measure to allow the Commission to keep an additional $63,000 (however, Mr. Bass mistakenly referred the amount as $50,000 during his comments), the City will stilli increase distribution revenues by $31,000. Mr. Currie stated thata as ar result ofa al large capital project, the City Council can allow the Commission to retain distributions to go toward the project. He and Mr. Bass advised thati in this case, thet funds willl be used fort the interior furnishing of the new ABC Store. Mr. Currie advised that he isr recommending this one time approval. Justin Smith MOVED to approve the ABC Commission to retain a portion of the annual distribution for construction purposes. Robert Leder SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier,  11) COUNCIL COMMENTS  Council Member Leder reported there is a large pothole at Madison and Lewis Streets. Mr. Currie responded stating that the City has been having a difficult time getting patching materials for the our roads. He advised that NCDOT told him to do the same type of patching that a construction contractor does. He advised that they are reaching outt to contractors for more information. Council Member Leder also asked for a confirmation that the stormwater project in McKenzie Woods is wrapping up, Mr. Currie advised that iti is. Mayor Pro Tem Smith inquired of the progress being made by the new Stormwater Division. He asked that Mr. Currie later provide a report to Council Mayor Mann advised that he had been contacted by a resident on Blue, Jean Road regarding ai tree in a ditch behind her house. Mr. Currie advised that! he was aware the matter and reported that the City would be removing thet tree as  on that division's progress. the ditch belongs to the City. 12.1) Manager's Update  12) REPORTS  Mr. Currie reported on the following areas: 1. Mollies Branch project 2. ABC Store construction project 3. Improvements to a bridge in West Whiteville Park 4. McKenzie Woods Storm Water project  Mr. Currie asked Mr. Brown provide at financial summary brief pertaining to Water Enterprise fund. Mr. Brown explained that the Cityi is seeing a decrease in revenues for this fund and reminded Council that the rates the City charges for water are welll below the average. He advised that this fund needs to self-supporting and the current rates needt to be reviewed for a potential rate increase. He also advised thatt the fundi for Vineland Station has seen a decrease inr revenues and contributes the Mr. Martin provided an update relating to the Downtown Master Plan program. He advised that there is a meeting scheduled for Tuesday, October 20, 20201 from 5pm to 7pm, in Council Chambers, where the public is invited to attend and provide feedback for the future vision of downtown Whiteville. He advised that this meeting will also be heldi ina  decline to the COVID 19 pandemic.  virtual setting.    ADD ON TO THE AGENDA: CLOSED SESSION PURSUANT TO To discuss a matter related to real property/negotating the price and other materials of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease. Robert Leder MOVED to approve move into Closed Session at7 7:25 pm, pursuant to NCGS 143-318.11 (A)(1)(5)(): To discuss a matter related to real property/negotiating the price and other materials ofa a contract or proposed contract for the acquisition of real property by purchase,  NCGS 143-318.11 (A)(1)(5)(i)  option, exchange, or lease.. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Council returned from Closed Session at 7:40 pm. No action was taken. Robert Leder MOVED to approve the adjournment of the regular meeting for  13) ADJOURNMENT  October 13, 2020 at 7:48 pm. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Justin Smith, Jimmy Clarida, Tim Collier, Robert  Terry.M Bonnie T.  E Gs    Statement of Plan Consistency: and Reasonableness  P8Z#20-07-01: For Approval:  Thej future land use map identifies the subject site as medium density residential. However, the Plan alsoi identifies that thej future landi use designation. is based one existing development, patterns and not desired or expected development, patterns. The location oft the subject parcel along a major thoroughfare could bes suitablej fors specific types of commercial development: such as those permittedi ini the B-3 zoning designation. Land Use Plan policies include promoting infilli int 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 andi is reasonable andi in the public's interest because iti is centrally-located along a major thoroughfare and, therefore, well- suitedj for commercial development, and because itisi immediately adjacent to a parcel that was  previous developed for commercial use.  For Denial:  The adopted Future Land Mapi identifies the subject parcel as medium densityresidentiol, in an area where the Land Use Plan does not identify high intense commercial uses as desirable ord districts as applicable. The proposed rezoning is not consistent with the Land Use Plan and is not reasonable or in the public's interest because it converts a residential use to a high intense  commercial use. Vote: For: 6o Against:_ o  Heye Terry Mann, Mayor  ATTEST: Bonnie  bd  Date:, fbbe 133030    ORDIMANCENO.mPO4D  CITYOFI WHITEVILLE, NORTHCAROLINA  AN ORDINANCE AMENDING CHAPTER 22, SECTION22.002 WHEREAS, Title II, Administration, Chapter 22, Housing Authority, Section 22.002 is the ordinance applicable to composition, vacancies, and quorum for the Whiteville Housing WHEREAS, Section 22.002 addresses the appointment of members, terms, and effective dates of terms. As written, this section does not clearly address residency requirements NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Whiteville, North Carolina that Chapter 22, Section 22.002 isl hereby amended as follows: Thel Housing Authority shall consist of five Commissioners. one Commissioner beingn A resident member, ench Commissioner appointed by the Coungil for a term oft three; yenrs until a successor has been. appointed. Beginning January I. 2021, members shall he appointed to serve for a term of three years. Thrce members shall be appointed to serve fora a term of three years, and two members shall be appointed to serve for a term oft two years, Thereafter, all members shall be appointed to: serve for terms of three years, or until a successor is appointed and qualifigd. Terms begin on January 1 and end on December 31. Mombers serve at the plensure oft the City Council, No Commissioner shall be a city official. Vacancies will be filled by appointment by the City Couneil for the unexpired term(s), The Couneil shall make A diligent effort to ensure that the diversityo of thc community is represented on the Housing Authority Board. taking into consideration gender, age and rcial characteristics of the city's communities. AS well as making sure that appointees live within the corporate limits. extraterritorial jurisdiction (ETI) or the Thrce Commissioners shall constitute a quorum, Tho City Clerk shall istue A certificate of the appointment or reappointment of any Commissioner, and the certificnte shall be conclusive evidence oft the due: andj proper appointment of' the Commissioner, Certificates of Appointment will be filed in the City Clerk's office, in the Whiteville Housing Authority oftice and provided to the appointed commissioner. A Commissioner shall  Authority.  for members appointed to the' Whiteville Authority Board.  SECTIONI  $22.002 COMPOSITION: VAÇANCIES: QUORUM,  service area ofthe Whiteville Housing Authority.  Pagelof2 Ordinancc No.2 2020-0-80    roccive no compensation for his Qr her serviçes but shall be entitled to the necessary expenses. including traveling expenses, incurved in the discharge ofhis or her duties, SECTION II. CONSISTENCY. All Ordinances andj parts of Ordinances inconsistent herewith SECTION III. CODIFICATION. The provisions of this Ordinance shall be published as appropriatei in the Whiteville Code ofOrdinances ass soon as practicable. SECTION IV. SEVERABILITY CLAUSE. Ifa any section, part of provision oft this Ordinance is declared unconstitutional ori invalid by a court of competent jurisdiction, then iti is expressly provided andi iti is the intention of the City Council in passing this Ordinance that its parts shall be severable and all other parts of this Ordinance shall not be affected thereby and they shall SECTION V. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall take effect READ, CONSIDERED, PASSED AND APPROVED: ata a regular meeting oft the City Council of Whiteville, North Carolina, at which a quorum was present and which was held on the 13th day  arel hereby repealed.  remain in full force and effect.  immediately uponi its passage: and publication according to law.  ofOctober, 2020. Votes: For_ 6 Votes: Against yb TerryL. Manh, Mayor  CITY OF WHITEVILLE  ATTEST: BY:s  Bonnie Wiliams, Ciy R2  APPROVED. AST TOFORM: Carlton F. Williamson Williamson, Walton & Scott LLP Attorney atL Law 136 Washington Strcct Whiteville, NC2 28472 910-642-7151  Page2of2 Ordinance No.2 2020-0-80