MINUTES REGULAR MEETING CITY COUNCIL May 6, 2024  Ronnie Thompson, Mayor Wendy Cato Christopher Hawkins) Council Chris Jernigan Butch McSwain  Sally W. Sandy, City Manager Louis E. Vinay, Jr., City Attorney Interpreters Danette Steelman-Bridges Ernest Williams, IV  Call to Order in the Council Chamber at City Hall- Mayor Thompson called the II. Public Comment - Mayor Thompson stated the guidelines for public comment and A. Emily Elder - 107 Burkemont Avenue, Morganton - She spoke in regard to the III. Pledge of Allegiance to the Flag - Led by Boy Scout Troop 184. The troop is sponsored by First Baptist Church of Morganton. The troop was accompanied by Troop Leader Rodney Bobak. The troop also recited the Scout Pledge. IV. Invocation: Dr. Tom Bland, First Baptist Church of Morganton, gave the V. Introduction of Council = Mayor Thompson introduced councimembers and staff.  meeting to order at 6:00 p.m. called for speakers in order of sign-up. ordinance pertaining to outdoor cats.  invocation. VI. Retirements  A. Mayor Thompson read the retirement resolution honoring Jesse O. Peeler for 30 years of service as the Senior Downtown Maintenance Worker in the Public Works Department. He was unable to attend and will receive the resolution ata  later time.  VII. Public Advocacy Issues and Strategies  A. Mayor Thompson read the proclamation for National Public Works Week - May 19-25,2024. Councilmember Hawkins presented the proclamation to Michael Chapman, Director Public Works and Brad Boris, Director Water Resources. B. Mayor Thompson read the proclamation to commemorate the dedication of the DAR America 250! Patriots Marker at Historic Greenlee Ford on May 18, 2024. Councilmember Jernigan presented the proclamation to Becca Heacock,  Quaker Meadows Chapter, NSDAR.    Mayor Thompson read the proclamation for American Legion Auxiliary Memorial Poppy Day - May 24, 2024. Councilmember McSwain presented the proclamation to Unit 322 President Janie Suzette Avery and District 14 D. Mayor Thompson read a statement on the behalf of the Human Relations Commission to commemorate the month of May 2024 as American-Jewish History and Asian-Pacific Islander Heritage Month. E. Mayor Thompson announced the following Upcoming Events:  President Mary Wright.  Parks & Recreation  Outdoor Pool and Splash Pad Opening Collett Street Recreation Center Pool and the Splash Pads will open at 1:00 p.m. on Friday, May 31, 2024. Currently Accepting Registrations Contact Parks and Recreation at (828) 438-5350 to register for swim lessons, tennis lessons and summer camp.  Downtown/City Hall Art in the Hall  April/May 2024 - Quilts by Tina Sclarandis and Dianne Kolb - Tina and Dianne's love of quilting manifested itself over the years of grandmother-hood. The finished quilts displayed represent many hours of work with loving thoughts of family. They are leaving a legacy for their families to cherish. American Red Cross Blood Drive City of Morganton Thursday, May 9, 2024, 9am-1:30pm, Council Chambers of City  Hall - Open to the Public. Farmers Markets  Wednesdays 10 a.m. to 2 p.m. at 111 North Green Street- - Saturdays 8am-Noon at 300 Beach Street = May 4, 11, 18,  May 1,8,15,22,29 25 and June 1  TGIF '24 Free Summer Concert Series at7p.m.-N May through July.  TGIF will be every Friday night 6 p.m. to 10 p.m. with music starting  Third Thursday Art Craw! Thursday, May 16, 2024,  4:00 p.m. to 7:30 p.m., Downtown Morganton  VII. North Carolina Municipal Power Agency Number 1 Update No report was given. IX. Consent Agenda - City Manager Sandy advised that all items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council member, staff member or citizen so requests. In the event a request is made, the item will be removed from City Manager Sandy presented the Consent Agenda. Mayor Thompson asked if Upon motion by Councilmember Cato, seconded by Councilmember Jernigan, and unanimously carried, the Consent Agenda was approved and each individual item  the consent agenda and considered under Item XI. any items should be removed. No items were removed.  adopted as stated, those being as follows:    A. Consideration of Approval of Minutes - For a Regular Meeting held on April 1,  2024.  Approved minutes as submitted.  B. Consideration of March 2024 Tax Releases in the Amount of $5,035.80 Approved tax releases in the amount of $5,025.801 for March 2024.  C. Consideration of Award of Contract with First Citizens Wealth Management tand Approval of Resolution Authorizing Specific City Staff to Conduct Trust Business on Awarded a contract to First Citizens Wealth Management to diversify the City's investment strategies, to approve ar resolution authorizing Jessie Parris, Director of Finance, and Kate Tallent, Assistant Director of Finance, to conduct trust business on behalf of the City of Morganton and authorized the Mayor and/or City Manager D. Consideration of Award of Contract with Charles R. Underwood Inc. to Perform Work Associated with the Chemical Feed System Modernization Project at the Approved award of contract (2024-28) with Charles R. Underwood, Inc. to perform the work associated with the Chemical Feed System Modernization Project at the Water Treatment Plant not to exceed the amount of $59,768 and authorized the Mayor and/or City Manager to execute the contract and any other necessary E. Consideration of Award of Contract with Charles R. Underwood Inc. to Perform Work Associated with the Raw Water Pit By-Pass Project at the Water Treatment Approved award of contract (2024-29) with Charles R. Underwood, Inc. to perform the work associated with the Raw Water Pit By-Pass Project at the Water Treatment Plant not to exceed the amount of $231,176 and authorized the Mayor and/or City Manager to execute the contract and any other necessary documents. F. Consideration of Award of Contract with Weatherguard Roofing to Perform Work Associated with the Main Building Roof Replacement Project at the Water Awarded a contract with Weatherguard Roofing to perform the work associated with the Main Building Roof Replacement Project at the Water Treatment Plant not to exceed the amount of $168,350.00 and authorized the Mayor and/or City Manager G. Consideration of Award of Contract with Kemp Construction, Inc. to Perform Work Associated with the Main Building Roof Replacement Project at the Water Awarded a contract with Kemp Construction, Inc. to perform the work associated with the structural repair of overhangs for the Main Building Roof Replacement Project at the Water Treatment Plant nott to exceed the amount of $24,648 and authorized the Mayor and/or City Manager to execute the contract and any other  Behalf of the City of Morganton  to execute the contract and any other necessary documents.  Water Treatment Plant  documents. Plant  Treatment Plant  to execute the contract and any other necessary documents.  Treatment Plant  necessary documents.    H. Consideration of Approval of a Budget Amendment to Recognize Receipt ofa Approved a budget amendment (Ordinance 24-23) to receive a restricted contribution of $15,000 to be applied toward the purchase of a new COMMA sign Consideration of Approval of a Budget Amendment to Establish a Project Fund Approved al budget amendment (Ordinance 24-22) in the amount of $6,772,200 to establish a project fund for the Silver Creek Pump Station Project. J. Consideration of Approval of a Budget Amendment to Establish a Project Fund Ordinance - Water Treatment Plant Sedimentation Basin Improvement Project Approved al budget amendment (Ordinance 24-21) in the amount of $6,601,400to establish a project fund for the Water Treatment Plant Sedimentation Basin K. Consideration of Approval of a Budget Amendment to Recognize Receipto of Approved al budget amendment (Ordinance 24-20) ini the amount of $53,500to recognize receipt of reimbursement for services to the Electric Fund for required electric materials used in the installation of Tesla charging stations located at  Restricted Contribution for a New COMMA Sign  during FY24-25.  Ordinance - Silver Creek Pump Station Project  Improvement Project.  Reimbursement for Services to the Electric Fund  Cracker Barrel in Morganton.  X. Items Removed from Consent Agenda - No item was removed.  XI. New Business A. Other Business  1. Consideration of al Resolution Authorizing the Application and Partnership with The Industrial Commons for US Environmental Protection Agency City Manager Sandy stated that the Industrial Commons is applying fora a $20,000,000 grant from the US EPA Community Change Program. The Industrial Commons has asked the City of Morganton to partner in asking for grant funding. The City of Morganton intends to engage in projects to improve mobility and transportation options toi include sidewalks, trailheads and mobility and transportation studies. The City has identified $2,450,000 of projects and studies as a part of this process. City Manager Sandy stated that staff is seeking approval to submit this joint grant application. Erin Kizer with the Industrial Commons commented that she is excited and this is a great opportunity to partner with the City of Morganton. Upon motion by Councilmember McSwain, seconded by Councilmember Hawkins, and carried unanimously, the Council authorized staff to partner with The Industrial Commons to apply for a grant (Resolution 24-12) through the US EPA Community Change Program in the amount of $20,000,000, of which the City would receive $2,450,000 and authorized the Mayor andlor  Community Change Grant  City Manager to execute the necessary documents.    2. Consideration of Adopting a Resolution to Apply for Grant Funding with the NC Department of Agriculture Manufacturing Initiative Program and to Call for aPublic Hearing on this Economic Development Incentive This item was removed from the agenda. City Manager Sandy stated that the Cityr received notification this afternoon from the NC Department of Agriculture, Manufacturing and Processing Initiative that they are refining some additional rules and will need an additional 20 days to get the rules in place. Will plan to bring this item back before Council at one oft the meetings 3. Consideration of a Contiguous Annexation Petition Submitted by Shelby Road Properties, LLCfor Approximately 3.2 Acres Located at 107 Mica Avenue and Wendy Smith, Director of Development & Design, advised that Shelby Road Properties LLC has submitted a petition to voluntarily annex ap portion of the property consisting of approximately 3.2 acres located at 107 Mica Avenue into the corporate limits of Morganton. The property is contiguously located to land already in the corporate limits, separated only by the adjoining road rights-of-way of Old HWY 18 South, I-40, and Mica Avenue. This property is currently vacant land. The property currently has access to City sewer and electric service. The property is serviced by! Valdese Water. There is an existing curbed and paved private drive within the area of annexation. If annexation is approved, a proposal can be considered by the City to accept dedication of that road as a public street. The City staff have reviewed this request and do not anticipate existing City operations to experience adverse Ifthe Council wishes to pursue this annexation further, state law requires the 1) The City Council must accept the Clerk's certification of the 2) Fixing a Public Hearing date upon which the public is invited to express their opinion on the matter of Annexation. Upon motion by Councilmember Jernigan, seconded by Councilmember Cato, and carried unanimously, the Council accepted the Clerk's certification oft the Sufficiency of the Annexation Petition received from Shelby Road Upon motion by Councilmember Hawkins, seconded by Councimember McSwain, and carried unanimously, the Council adopted a resolution (Resolution 24-11) calling for a public hearing on June 3, 2024 at 6:00 pmi in the City Hall Council Chamber to consider this Annexation Petition and directing City staff to publish appropriate Notice of Public Hearing as required. 4. Consideration of Resolution Opposing Changes in Municipal Election City Attorney Vinay stated that the City Council has learned that a local bill may be introduced in the current session of the General Assembly which would move to even-numbered years the elections for Morganton's mayor and city council members (and possibly those of other towns in Burke Such legislation has not been sought or requested by the City or by any other local governments which may be affected. Senator Warren Daniel, who supports this change in election schedule, has not discussed this matter with any elected official of the City. Morganton, like almost every other municipality  in June.  toCallf for a Public Hearing  operational impacts if approved.  following:  Annexation Petition, and;  Properties LLC.  by law. Schedule  County).    in North Carolina, has conducted its elections in odd-numbered years for City staff andi individual Council members have identified several problems which would be caused with a move to even-numbered year elections. These include, above all, that our non-partisan municipal elections would then be swamped, or hopelessly overshadowed, byt the simultaneous partisan State Upon motion by Councilmember Jernigan, seconded by Councimember Cato, and carried unanimously, the Council adopted a resolution (Resolution 24-14) stating the City Council's opposition to moving City of Morganton elections to even-numbered years, and directing that such Resolution be promptly delivered to legislators representing Burke County and to any other  decades, without difficulty.  and Federal races.  relevant parties.  5. Appointments to Boards and Commissions a. Human Relations Commission This is al Mayoral appointment.  Rev. Wayne A. Johnson, Sr. has indicated that he will not be renewing a 3-year term, resulting in one vacancy. His term expires on May 3, Victoria Smith and Kale Wright have expressed interest in membership on the Human Relations Commission. Their applications are attached Staff recommends appointing Victoria Smith and Kale Wright to the Commission. Each will serve a 3-year term expiring on May 3, 2027. Mayor Thompson appointed Victoria Smith and Kale Wright tot the Human Relations Commission for terms to expire on May 3, 2027.  2024.  tot this summary.  6. 30-Day Notice Boards and Commissions  Mayor Thompson announced that due to upcoming expiration of terms, vacancies will exist on the following Boards and/or Commissions. The City Council will make andlor confirm appointments. Nominations and appointments will be made at the June City Council meeting.  Board of Adjustment- 1 term is expiring, 3 vacancies (2 are County Appointees) - Council appointments George Baily (Alternate #1) term is expiring June 3, 2024. Cable Commission- 21 terms are expiring, 3 vacancies (1 AARP, 1High School, 1 At-large) = Council appointments Dennis Caldwell and Jim Coleman have terms expiring on June 1,2024. Also vacant are 1 At-large seat, 1 High School and 1 Community Appearance -3t terms are expiring - Mayoral Judy Davis, Erin Kizer and Cheryl Gratton have terms expiring  AARP. appointments June 30, 2024.    Main Street Advisory- 31 terms are expiring, 1 vacancy - Bill Steiner, Polly Leadbetter and Keith Whitaker have terms Cultural Arts Commission - 4 terms are expiring - Council Julia Mode, Kristin Steiner, Hamilton Williams and Alison Dula Planning & Zoning - 31 terms are expiring, 2 County Commission Eric Engstrom, Waits Gordon and Bill Lennon have terms Recreation Advisory- - 31 terms are expiring, 1 vacancy- - Council Ruth Roseboro, Chandler Moore and Herron Harper, III have  Mayoral appointments expiring June 30, 2024. appointments  have terms expiring June 1, 2024. Appointments = Council appointments  expiring June 3, 2024. appointments  terms expiring June 30, 2024.  Mayor Thompson stated that if anyone has an interest in volunteering for one of these vacancies, applications for Request for Appointment to City of Morganton Boards and Commissions are available this evening with the Clerk and during business hours from the Clerk's office, or on the  City website.  XII. Other Items from City Manager and City Council Not on Agenda  A. Consideration of Resolution Opposing the City of Charlotte Interbasin Transfer City Manager Sandy advised that Charlotte Water filed a notice of its intent to request an increase from 33 million gallons per day (MGD) to 631 MGD regarding the water itt transfers from the Catawba River Basin to the Rocky River Basin, a Interbasin transfers (IBTs) are regulated and approved by the State through the Environmental Management Commission within the NC Department of Environmental Quality. In 2002, Charlotte Water received approval to transfer 33 MGD from the Catawba River to the Rocky River Basin. In 2005, Concord and Kannapolis requested 36 MGD1 from the Catawba River Basin to the Rocky River Basin. The compromise approved in 2007 allows for 10 million gallons per day from the Catawba, but reduces that number during drought. This occurred after extensive public debate and the state law was amended to further define The local governments in our region are concerned about the negative impacts of Charlotte's request to transfer additional water from the Catawba River Basin  Request  tributary of the Yadkin/Pee Dee River.  the interbasin transfer approval process.  into the Rocky River which is part of the Yadkin River Basin.  Like all rivers, the Catawba River is al limited resource that is vital to IBTs of this magnitude subsidize growth in other areas using the The NC Environmental Management Commission approved a Charlotte requested IBT in 2002 for 33 million gallons per day and approved another IBT in 2007 for 10 million gallons per day for  life and economic growth.  limited resources of the Catawba River.  Concord and Kannapolis.    These existing IBT approvals and the new request of 30 million gallons from Charlotte would total more than 73 million gallons of We are very concerned the proposed transfer will limit the amount ofv water available for withdraw to support growth in our area due to Charlotte should implement land use and infrastructure policies in a The Catawba Wateree Water Management Group was established anumber of years ago to coordinate resources and make plans to Charlotte only recently informed the Catawba Wateree Water Management Group of its intentions regarding this very large IBT The Resource Management Group is actively working its water supply master plan for the entire river basin. Charlotte should wait Existing projections, by the Catawba Wateree Water Management Group, for net water withdrawls already show substantial increases in water supply demand for the Catawba River Basin over the next 30 years. This Charlotte IBT request will further stress this limited At few years ago, we experienced severe drought conditions that depleted water levels to a point that nearly interupted public drinking water supplies. This IBT will exacerbate that issue with the We are also concerned about the negative impact of increasing water pollutant concentrations with an IBT of this magnitude that would add further degradation of an already stressed ecosystem. Increased pollutant concentrations resulting from this IBT will indirectly cause an increase in wastewater treatment costs for local Charlotte has provided very limited information about their request, the alternatives they have considered, and the cost of those alternatives to their forthcoming IBT application. Previous studies for the Catawba River called for the elimination of interbasin transfers as a strategy to protect the river and water supplies during drought conditions. This request would further expose communities in the Catawba River Basin to water shortages The 2015 Water Supply Master Plan for the Catawba River projected Charlotte's current IBT would be sufficient through 2065 and yet another request is apparently forthcoming. Charlotte should not increase its IBT for its growth needs over the next 30 years but should instead use that time to implement water infrastructure and policies to elminiate its current IBT certificate An IBT should be a temporary measure to accommodate growth  water per day.  regulation limits under state and federal laws. sustainable manner to avoid such large IBTs.  enhance the river basin.  increase.  until that process is complete.  resource. next drought.  governments along the river.  during drought conditions.  issued in 2002.  and not a permanent solution.  Ins summary, our region should not be forced to give up its potential growth opportunities to subsidize Charlotte growth with our water resources. City Manager Sandy asked the Council to consider adopting a resolution in opposition. Upon motion by Councilmember Hawkins, seconded by Councilmember Jernigan, and carried unanimously, the Council adopted a resolution (Resolution 24-13) stating the City Council's opposition to the City of Charlotte Interbasin Transfer Request, and directing that such Resolution be promptly delivered to the  Environmental Management Commission. 7. Reports = No reports were given.    8., Adjournment- - Mayor Thompson adjourned the meeting at 6:57 p.m. Preparation of Minutes. These minutes were prepared by Renee C. Carswell, City Clerk. Prior toi including them into the official minute book, the minutes have been read and approved by the City Manager and the City Attorney, then distributed to each member of the City Council for further review and final approval, at as subsequent  Council Meeting.  R-Dm  Ronnie  BNtCColl Renee C. Carswell, City Clerk  Thompson, Mayor  MORGA SEAL CA