HITEL E 1833  MINUTES  Regular City Council Meeting 6:30 p.m.- Tuesday, September 22, 2020 317 S. Madison Street, Whiteville, NC, 28472  The Regular City Council Meeting of the City of Whiteville was called to order on Tuesday, September 22, 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, Tim Collier, Justin Smith, Jimmy Clarida, Robert  Leder, and Kevin Williamson Tim Blackmon  Staff in Attendance: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Robert Lewis, Planning Director; Sean Martin, Economic Development Planner; Hal Lowder, Emergency Services Director; Doug Ipock, Police Chief; David Yergeau, Fire Chief (Attending Virtually) Others in Attendance: Dr. Gary Lanier  2) CALL TO ORDER Mayor Mann called the meeting to Order at 6:30 pm. 3) INVOCATION Invocation was provided by Council Member Collier. 4) PLEDGE OF ALLEGIANCE Mayor Mann led the Pledge of Allegiance. 5) ADOPTION OF AGENDA Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Leder, Kevin Williamson) Nays:0 Absent: 1 (Tim Blackmon)  Robert Leder MOVED to approve the agenda as presented.  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida, Robert  6) APPROVAL OF MINUTES  6.1) Consideration fort the following minutes:- Regular and Closed Session Justin Smith MOVED to approve the Regular and Closed Session meetings on  Meetings held on September 8, 2020. September 8, 2020. Jimmy Clarida SECONDED the motion. VOTE: 0-0 (Unanimous) Yeas: 0 Nays: 0 Absent: 0  7) PUBLIC COMMENT NONE    8) PRESENTATION  8.1) North Carolina Department of Labor (NCDOL) Safety Awards Mr. Lowder presented to Council the NCDOL Safety Awards for 2019. Hee explained thate each year, NCDOL submits tot the City an Annual Safety Award Application for their Safety Awards Program. NCDOL usually has an annual dinner banquet to recognize organizations int the Southeastern area of North Carolina who have reached Gold levels. He stated that due to circumstances related to COVID 19, NCDOL will be hosting a virtual Safety Awards that will host across the state int thet fall. He advised that the following departments received a Certificate of Safety Achievement that results in a substantial reduction of injuries andi illnesses andi the promotion of safety working conditions in 2019: Fire Department First Year Gold Water Department - Second Consecutive Year Gold Garage Fourth Consecutive Year Gold Parks & Recreation - Fourth Consecutive Year Gold Planning Department- - Fourth Consecutive Year Gold Police Department- Fourth Consecutive Year Gold Sewer Department- Fourth Consecutive Year Gold Street Department- Fourth Consecutive Year Gold Wastwater Treatment Plant- Fourth Consecutive Year Gold Administration- Fourth Consecutive Year Gold  9) PUBLIC HEARING  9.1) Public Hearing: Ordinance No. 2020-Z-16 Zoning Text Amendment Mayor Mann Opened the Public Hearing at 6:34 pm. Mr. Lewis presented thet text amendment application to Council. He explained that at the. January 14th public hearing and meeting of the Whiteville City Council, ap proposed ordinance and text amendment to permit food trucks under specific rules and regulations was denied. He stated that at that meeting, Staff was instructed to propose at text amendment for ai future public hearing to address food trucks and mobile vendors during festivals and other special events. He advised that Staff was proposing thatf food trucks are permitted during festivals, parks and recreation events, school related functions, etc. on property owned by the city, county, state, and city and county boards of education.. Additionally, Staff was proposing thatf food trucks be allowed ino conjunction with ap permitted brewpub or taproom during evening hours. Hee explained that only one (1)f food truck is permitted and must be located on the same parcel as the brewpub or taproom. He stated that Staff has requested that City Council consider the proposed language to be included int thez zoning ordinance to sections regarding definitions, table of permitted uses, and notes of table of permitted uses. Mr. Lewis explained that Staff concluded thati food trucks should be addressed in an areal within the zoning ordinance. The proposed text amendment addresses this issue in regards to special events, festivals, parks and recreation events, etc. He advised that the Planning Board reviewed the proposed: zoning text amendment at their March 2nd meeting and recommended approval oft the proposed changes.. A public hearing and decision was delayed in being forwarded to City Council due to Covid-19. Mr. Lewis advised that Notice of the public hearing was advertised in The News Reporter on September 11th and September 18th. There were no comments fromi the public on the Mayor Mann Closed the Public Hearing at 6:36 pm. Amendment Food Trucks Special Events  Food Trucks Special Events  matter.  10) BUSINESS  10.1) Discussion & Decision: Ordinance No. 2020-Z-16. Zoning Text Mayor Mann asked if Council had any questions or comments regarding the proposed text amendment. None were offered. Mayor Mann read the Statement of Plan Consistency and Reasonableness as '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  follows:    discussed in the Comprehensive Land Use Plan byt the City of Whiteville and is in the public's interest at this time.' Jimmy Clarida MOVED to approve adoption of the Statement of Plan Consistency and Reasonableness.. Robert Leder SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin' Williamson) Nays: 0 Absent: 1(Tim Blackmon) Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1( (Tim Blackmon) SPC Ord No 2020-Z-16 Food Trucks_ 09222020 Ord No 2020-Z-16 Food Trucks Approved 09222020 10.2) Consideration for Ordinance No. 2020-0-79 Amending Chapter 42: Mr. Currie explained that our Police department is working on achieving accrediation from the Commission on Accreditation for Law Enforcement Agencies (CALEA). He explained that the department is currently in the sell-assessment phase of the process. Int this phase, policies are reviewed and updated to ensure the department is in compliance with the CALEA Standards. Hee explained that in order to comply with CALEA Standard 12.1.1, a written statement issued by a unit of government, al law or ordinance, or combination thereof designates the authority and responsibility of the chief executive officer needed to be provided. Proposed text amendment, Ordinance No. Jimmy Clarida MOVED to approve Ordinance No. 2020-0-79.  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  Robert Leder MOVED to approve Ordinance No. 2020-Z-16.  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  Police Department  2020-0-79, provides that statement. Justin Smith SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida, Ord No 2020-0-79 Amending. Chp 42_F Police Chief Authorly.09222020 10.3) Consideration for FEMA AFG-S- - Assistance to Firefighters Grant- COVID-19 Supplemental for Volunteer and Combination Fire Chief Yergeau explained that the AFG-S grant is funding for Personal Protective Equipment (PPE) and other supplies to support COVID-19 response. He advised that this is a second round of funding for COVID 19 response and only for Volunteer and Combination fire departments. Chief Yergeau explained that the City did applyi in the first round, but was not awarded the grant. He stated that thet funding being requested is for Personal Protective Equipment (gloves, eye protection, disinfectant wipes, disnfectant, hand sanitizer and dispenser's, gowns, mask, and N95 mask). This granti is a 95/5% grant, FEMA covers 95% and the city pay's 5% of the award amount. The amount being Robert Leder MOVED to approve the City Manager and Fire Chief to submit grant application to the FEMA AFG-S Grant Program related to COVID-19, Supplemental for Volunteer and Combination Fire  Departments  requested is $50, 000. department. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,    11) COUNCIL COMMENTS  Council Member Leder asked that a street sign at the intersection of Mayor Pro Tem Smith briefed the Council that he was (as the President of the Rotary Club) working with the facilitation of displaying three art murals in the downtown area. He advised that the project would be coming to the Planning Board and City Council for consideration in the Council Member Williamson expressed concerns regarding Halloween and what the City's responsibility may be regarding trick-or-treating relating to COVID-19. Mr. Currie advised that he felt this matter was not for the City to govern but for citizens to make personal decisions for themselves and their children. Mr. Currie advised he would create a Public Service Announcement (PSA) regarding the CDC's COVID-19 safety guidelines and make it available to the public.  Franklin and Virgil Streets be replaced.  near future.  12) REPORTS  12.1) Manager's Update  Mr. Currie updated Council on the following matters: 1. Mollies Branch Project relating to work on' Virgil Street. 2. Storm' Water Projects, toi include thel McKenzie Woods project. 3. Internet connectivity issues experienced int the City earlier in the day. Mr. Currie asked Mr. Lowder to report on ar mitigation grant. Mr. Lowder explained that there is a mitigation grantf for the' "BRICK" program. Mr. City Council recieved reports from the following departments for the month of August, 2020: Office of the City Clerk, Fire, Human Resources, Parks and Recreation, Planning-Economic Development,  Lowder explained the program to Council. 12.2) Monthly Departmental Reports for August 2020.  and WWTP  13) CLOSED SESSION  13.1) Pursuant to NCGS 143.318.11 (a)(1)(4)  Conference with Legal Counsel - To discuss matters relating to the location or expansion ofi industries or other businesses in the area served byt the public body, including agreement on a tentative list of economic development incentives that may be offered byt they public Robert Leder MOVED to approve to move into Closed Session at 6:56 pm, pursuant to NCGS 143.318.11 (a) (1) (4), to confer with legal counsel and to discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations.  body in negotiations.  Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin' Williamson) Nays: 0 Absent: 1 (Tim Blackmon) action was taken.  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  Council returned to Open session from Closed session at 7:29 pm. No Robert Leder MOVED to approve the adjournment of the regular Council  14) ADJOURNMENT  meeting at 7:31 pm on September 22, 2020.. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Leder, Kevin' Williamson) Nays: 0 Absent: 1( (Tim Blackmon)  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida, Robert  TaMan Terry L. Mann, MAYOR    Bonnie T.V  bs    Ordinance No. 2020-Z-16  City Council Statement of Plan Consistency and Reasonableness [Thiss statement. is tob be readi into the record and a motion made to adopt or reject this statement priort to (Motion to approve) Pert the Land Use Plan, Chapter 8, Land Use Policies and. Strategies, recommends the review ofe existing development ordinances andi identify regulations ini needo of update or removal. Therefore, the proposed ordinance is consistent with the policies and strategies discussed int the Comprehensive Land Use Plan byt the City of Whiteville andi isi int the  amotion being mader regarding the text amendment. request.]  public's interest att this time.  (Motion to deny) Per the Land Use Plan, Chapter 8, Land Use Policies and Strategies, recommends the review ofe existing development ordinances andi identify regulations ini needo of update or removal. Although, the proposed ordinance appears to be consistent witht the Comprehensive Land Use Plan by the City of Whiteville, the proposed ordinance is noti in the  public's interest att this time.  Vote: For: Lo Against: o  Mann,  T  ATTEST: Bonnie (SEAL) INITEVI i E RA 1833  Zhys  Date: depbnber a7 a0a0    ORDINANCE NO.2 2020-Z-16  CITYOF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE ADDING. AND AMENDING CHAPTER 155, SECTION(S) $155.018, DEFINTIONS, $155.065, TABLE OF PERMITTED USES, $155.066, NOTESTOTABLE OF) PERMITTED USES, FOOD' TRUCK(S) RELATED TO: SPECIAL! EVENTS,TO TITLE. XVLAND USAGE OF THE WHITEVILLE CODE OF ORDINANCESI BY TEXT WHEREAS, the City of Whiteville is authorized to establish ordinances and regulations relating tot the general welfare oft the community and proper land use and: zoningi practices; and WHEREAS, the Staffo oft the City ofWhitevillei feel that the following additions willl better serve WHEREAS, the City of Whiteville Planning and! Zoning Board having published notice on February 215 and] February 28", held ap public hearing oni March 2nd, 2020, finds the amendments tol be consistent with the City of Whiteville's Land Use Plan andi recommends amending the WHEREAS, the City of Whiteville City Council, having published notice on September 11", 2020 and September 18", 2020, held ap public hearing on September 22"d, 2020; NOWTHEREFORE, BE: IT ORDAINED BYTHE CITY COUNCIL OF THE CITYOF SECTIONI I. The Code of Ordinances, TITLE XV, by the amendment of Chapter 155, Section(s) $155.018, Definitions, $155.065, Table of Permitted Uses, $155.066, Notest to Table FOOD TRUCK/MOBILEI FOOD VENDOR -a1 motorized vehicle with power on board, refrigeration, food preparation facilities, and usually room for up tot four (4) employees. Food trucks shall also be considered: a mobilei food vendor for thej purposes oft this ordinance. SPECIAL EVENTS-City, County, or States sponsored events toi include festivals, parades, parks  AMENDMENT  thec community and land use goals oft the City; and  Code of Ordinances; and  WHITEVILLE, NORTH CAROLINA, THAT: ofF Permitted Uses, Food Trucks and Mobile. Food Vendors.  $155.0181 DEFINTIONS.  and recreations events, school related functions, etc.  Page! lof3 Ordinance) No. 2020-Z-16    $155.065TABLE OF PERMITTED USES. PERMITTED. AND CONDITIONAL USEI REGULATIONS  Zoning Districts  RA-20 R-20 R-12 R-6 R-6 R-6- 0-1 B-I B-2 B-3 B-4 1-1 I-2 0-  MF MHP  S  Food Trucks (See $155.066 (S), Note 19)  P  $155.0661 NOTES TABLE OFI PERMITTED USES. subject to the following standards:  (S) Note 19-Food' Truck/Mobile Food Vendors. Foodt trucks/mobile vendors shall be allowed (1) Foodt trucks are allowed, regardless ofz zoning designation, on property owned byt the City, County, State, City and County) Board of Education during sponsored events, such as, festivals, parades, parks and recreation events, emergency situations, (2) Food trucks/mobile food vendors operating shall provide documentation ofa approval fromt thel North Carolina Department of Health upon request. A valid health department permit shalll be placed in a visiblel location: forj publici inspection. (3) A food truck/mobile vendor must have the following fire extinguisher on board during hours of operation: minimum Class 2A, 10B, and Ci rated extinguisher. Iff food preparation involves deep frying, a Class K fire extinguisher must also be ont the truck.. Alll National Fire Protection Association (NFPA) standards shalll be met to include fire extinguishers and fire suppression! hood systems shalll be maintained. (4) A food truck/mobile food vendor shall be allowed in conjunction with aj permitted brewpub or taproom. Permitted brewpubs ort taprooms shall only be allowed one (1) food truck and it must bel located ont thes same, parcel ast thel brewpub or taproom. Hours of operation for the food truck shall be 5 p.m. until 12a.m. (5) Foodt trucks are exempt from obtaining zoning permits operating within the specific SECTIONI II. CONSISTENCY. Thej provisions oft this Ordinance are foundt tol be consistent SECTION III. CODIFICATION. The provisions oft this Ordinance shall bej published as appropriate in the Whiteville Code of Ordinances as soon as practicable. SECTION IV. SEVERABILITY CLAUSE. Ifanys section, part of! provision of this Ordinance is declared unconstitutional ori invalid bya a court of competent jurisdiction, then itis expressly provided andi iti ist the intention oft the City Council inj passing this Ordinance that its] partss shall bes severable and all other parts oft this Ordinance shall not be affected thereby andt they shall  exhibits, school related functions, etc.  rules and regulations stated above. with the City of Whiteville'sLand Usel Plan.  remaini ini full force and effect.  Page2of3 Ordinance No. 2020-2-16    SECTION V. PUBLICATION. ANDI EFFECTIVE DATE. This Ordinance shall take effect READ, CONSIDERED, PASSED. AND APPROVED: atar regular meeting ofthe City Council of Whiteville, North Carolina, at which a quorum was present and which wasl held ont the 22nd day  immediately upon its passage and publication according tol law.  of September, 2020. Votes: For 6 Votes: Against D  CITY OF WHITEVILLE  BY: Teflor Terry L. Mann,Mayor  ATTEST:  BY: Bemla  Bonnie T. Williams, City Clerk  APPROVED, AS1 TOF FORM: CaritonF F. Williamson Williamson, Walton &s ScOLLL LLP Attomeyat Law 136 Washinglon Strect Whiteville, NÇ28472 910-642-7151  Page3of3 Ordinance No.. 2020-Z-16    ORDINANCEI NO. 2020-0-79  CITY OF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE ADDING. AND AMENDING CHAPTER 42: POLICEI DEPARTMENT BY. ADDING. A SECTIONTO. ADDRESS THEI POWER. ANDI DUTIES OF THEI POLICE WHEREAS, Title IV, Public Safety, Chapter 42, Police Department is the ordinance applicable to the Creation and Mutual Assistance with Other Law Enforcement Agencies. WHEREAS, Additional language is needed toj provide authorization to the Police Chief NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Whiteville, North Carolina that Chapter 42- -1 Police Department isl hereby amended as follows. The City Police Department isl hereby crented and is: subject 1o! the city's organizational $42.02 POWERS ANDI DUTIES OF THE CHIEF OF POLICE. Thel Police Chiefs shall have control over the police department, under the general supervision oft the Cily Manager, The Police Chief: shall kegp the City Manager informed of thc department's activities and make the reports that the City Manager may require firom time tg time, and he or she shall perform pther dutigs as may! be required of! him or $42,03 MUTUAL ASSISTANCE WITH OTHER LAW ENFORCEMENT The Chicf'of Police orl his orl her designec ist authorized to entoy into mutual nssistance agreements with other law enforcement agencies in accordance with state law and the reasonable arrangements, terms and conditions asi may be: agreed upon botween the respective) hends oft the law enforcement agoncies and: subject to the City Manager's SECTION II. CONSISTENCY. All Ordinances and parts of Ordinances inconsistent herewith  CHIEF  tol have control over the police department. SECTIONI. POLICE DEPARTMENT $42.01 CREATION, chart,  her by the City Manager, AGENCIES,  approval in ench casc, arel hereby repealed.  Pagelof2 Ordinancc No.2 2020-0-79    SECTION III. CODIFICATION. The provisions of this Ordinance shall be published as SECTION IV. SEVERABILITY CLAUSE. If any section, part of provision of this Ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, then iti is expressly provided and iti is thei intention of the City Council inj 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 at a regular meeting ofthe City Council of Whiteville, North Carolina, at which a quorum was present and which was held on the 22nd day  appropriate int the Whiteville Code of Ordinances as soon as practicable.  remain ini full force and effect.  immediately uponi its passage andj publication according tol law.  ofSeptember," 2020. Votes: For. 6 Votes: Against_ 0  CITY OF WHITEVILLE  MRZh TerryL. Mann,Mayor  ATTEST:  BY: Benohs Bonnie T. Williams, City Cletk)  APPROVED/ ASTOF FORM: Carlton F. Williamson Williamson, Walton & Scott LLP Attorney at Law 1361 Washington Street Whiteville, NC28472 910-642-7151  Page2of2 Ordinance? No.2 2020-0-79