STATE OFI NORTH CAROLINA COUNTY OFI MCDOWELL CITY OFI MARION  The City Council for the City ofN Marion met in Regular Session on Tuesday evening, September 17, 2024 at 6:00 P.M. hosted by the Marion East Community Forum at the Clinchfield United BOARD MEMBERS PRESENT: Mayor Pro Tem Woody Ayers, Council Members Billy Martin, Ann Harkey, and Don Ramsey. Mayor Stephen Little and Council Member Chet Effler OTHERS PRESENT: Bob Boyette, City Manager; Brant Sikes, Public Works Director; Allen Lawrence, Police Chief; Kathleen Nolan, Human Resources Director; Mike Conley, Reporter, GUESTS PRESENT: Reverend Walter Pegues of Clinchfield United Methodist Church, 216 Henry Chapel Road, Belmont; Debora Workman, West Marion, Inc.; Kathy Steffen, Marion; Clifton Buckner, Marion; Trish Hawkins, 845 Baldwin Avenue, Marion; Jim Arnold, 365 East Oak Street, Marion; Ginger Webb, West Marion, Inc.; Joe Gorecki, City of Marion IT Systems Specialist, 11 West Oak Street, Marion; Tierra Chambers, Old Fort; Dawna Ledbetter, 232 Park Avenue, Marion; David Workman, 21 4th EM Street, Marion; Crystal Holland, 681 Baldwin Avenue, Marion; Kathy M. Arriola, 2999 Harmony Grove Road, Nebo; Keith Wright, 912 State CONSENT AGENDA: Upon a motion by Council Member Don Ramsey, seconded by Council Member Billy Martin, all Council Members present voted to approve the Consent Agenda as A. Approval of August 20, 20241 Regular City Council Meeting Minutes and September  Methodist Church, 151 Ridge Road in Marion.  were out oft town and unable to attend the meeting.  McDowell News.  Street, Marion; Gary Howard, 501 Doyle Street, Marion.  follows:  9, 2024 City Council Planning Session Minutes B. Approval of Budget Ordinance Amendments    CITY OF MARION, NORTH CAROLINA 2024-2025 BUDGET ORDINANCE 3rdAmendment  BEITO ORDAINEDD bythec CkyCoundilofthe CityofMarlon,! Northo Carollnaask follows:  Section1. Thatt theB BudgatOrdinancet fort the CilyofN Marlan,! Northo Carollna fort thef fiscaly year2 2024-2025a asadoptedk bytheN Marlono CityCounciio anthe1 18thd dayofluns,  2024lshereby: amendedasfolows Department Revenues Expenditures  GENERAL FUND AccountDascription  Expenditure Before After Increase/ Revenueingrease! Amendment Amendment (Decrease) 9,000 $ 15,500 5,000 $ 32,945 12,000 32,500 $ 36,000 $ 3,500 10,000 $ 16,300 $ 6,300 12,000 $ 24,000 12,000 2,750 2,750 894,731 $ 900,731 $ 6,000 2,785 $ 5,580 2,795 13,100 13,100 2,500 9,000 4,000 4,000 1,500 1,500 3,000 3,000 500 500 1,000 1,000 1,500 1,500  Account 10-319-0000 TaxP Penaltles& &Interest 10-341-3100 Popearylencalections 10-855-1200 Bulding integntdCommunites 10-420-0400 Profassionalserices 10-420-1500 BuldingMalintenence 10-420-5600 Bulidingintegrated CommE Expensa 10-500-2100 RentEquipment 10-530-0200 Salarles 10-545-1500 BulidingMalntenance 10-620-7800 CapitalOutay-IT 20-334-0000 SponsorFee 20-336-0000 VendorFeeir income 20-650-1000 Adverttsing 20-650-1500 Drinks 20-650-1400 Entertalnment 20-650-1500 LicensingFce 20-650-1900 Equipmentr Rental 20-650-2200 T-shirts  [Decresse) 6,500 27,945 12,000  MOUNTAIN GLORYE FESTIVAL  Revenues Expendltures  2,500 9,000  Section2. Copleso oFthisB BudgatA Amendments shallb befumishedto tothe McoarbIseewA dsyhtahumedhan.  Adoptedt thist thel 17thd dayo ofSeptemier .2024 Reld,A Assistanttotheh Manager/CityClerk -9DQ KatelynN.R Ordinance Number0-14-0947-4  AA 2  M 0  9  ROLINF  C. Adoption of Ordinance. Amending Chapter 11, Offenses, of the City Code As discussed at the September 9 City Council Planning Session, City Council agreed to adopt the following ordinance prohibiting camping and sleeping on City property:    ORDINANCE AMENDING CHAPTER11 OFFENSES MARION CITY CODE  BEI IT ORDAINED by the City Council of the City ofMarion, North Carolina as Section 1. That Chapter 11, Offenses, oft the Code ofC Ordinances, City ofMarion, North Section 2. Chapter 11 is amended by adding Section 11-21, Living, Residing, or Sleeping on Public Streets or Highways, or City Property Prohibited, as follows: Sec. 11-21. Living, Residing, or Sleeping on Public Streets or Highways, or City (a) No person shall engagei in any act ofliving, residing, or sleeping in any automobile or vehicle on any public street or highway, or on property owned, leased, or maintained byt the City. Noj person shall erect, place or utilize a shelter onj property owned, leased, or maintained byt the City except as expressly permittedbyt the City. For the purposes of this section, "shelter" shall include tents, tarps, lean-tos, sleeping bags, blankets, and anyi form ofcover orj protection from the elements other (b) Violations oft this section shall subject the violator to the enforcement actions and penalties as set out hereinbelow and the penalties listed in Chapter 1, General  follows:  Carolina, is amended as follows:  Property Prohibited,  than clothing,  Provisions shall not apply.  (c) Penalties for violations oft this section shall be as follows:  First Offense - A notice of violation shall bei issued to the violator which shall require the violator to gather themselves and their belongings and immediately remove themselves: from public property. ii. Second Offense-1 The violator shall be! physiçally removed from thej public property and issued at temporary order which shall prohibit the violator from entering upon City owned, leased, or maintained property, except to participate in City programming or to transact City business, for aj period of30 days. For violations involving automobiles, a second offense shall subject the violator's car tol being towed at the violator's expense. ili. Third Offense and Habitual Violators - The violator shall be charged with a Class 31 misdemeanor as allowed by N.C. Gen. Stat. $ 14-4. (d) For continuing violations, the violator can be charged with as second offensei ifthey are found to be on public property in violation of this Sec. 11-21 within four (4) hours oft the first offense and: notice of violation. The violator can be charged with a third offense if they are found to be on public property in violation oft this Sec. 11-21 within eight (8) hours ofthe first offense andi notice ofviolation and as second    offense has been issued or within four (4) hours of the second offense and (e) Persons that have been charged with at third offense shall be considered "habitual violators" and any, additional violations occurring within one year of the first offense shall be charged as a Class 3 misdemeanor under N.C, Gen. Stat. 8 14-4. (f) All personal property and belongings must bei removed from public! property byt the violator and any items left onj public property shalll be considered litter and may be  temporary order.  removed and disposed ofbyt the City without further notice. Section 3. This ordinance shall become effective upon its adoption. Adopted this the 17th day of September, 2024.  Stephen R. Iittle Gnkt Mayor  mctPeQ  Katelyn. N. Reid  Assistant to thel Manager/City Clerk  Ordinance! Number: 0-24-09-17-4  a  SEAL)  AROLI  PUBLIC COMMENT PERIOD  City Manager Bob Boyette opened the public comment period, and four community members spoke about their recent experiences with unhoused individuals in the Baldwin. Avenue and State Street areas. Trish Hawkins of 845 Baldwin Avenue, Crystal Holland of 681 Baldwin Avenue, Keith Wright of912 State Street, and Kathy Steffen of 840 Baldwin. Avenue shared their recent interactions with homeless individuals in their area. Ms. Hawkins and Mr. Wright expressed concerns about the location of the. Men's and Overnight Homeless Shelters location next to East McDowell Middle School and about thej possibility that the shelter is drawing homeless people to thel Marion area. Ms. Holland stated that she no longer feels safe going outside in the evenings or walking in her neighborhood. The residents also spoke oft the evidence ofd drug use they have seen and the disrespect shown to personal property by the homeless population. Ms. Hawkins, Ms. Holland, and Mr. Wright stated that they didi not. have the answer to the problem, but they wanted  the City tol be aware of their experiences.    Mayor Pro Tem Woody Ayers thanked the residents who spoke and let them know that the City is taking this issue very seriously. He stated that the Mayor and Council are currently working with community partners to try to find some solutions to this complicated issue that is not only impacting us here in Marion but is also impacting communities across the state and across the Police Chief Allen Lawrence echoed Mayor Pro Tem Ayers' comments and added that the Police Department is working hard to interact with the homeless population on a regular basis and to address the correlated drug use in the area. ChiefLawrence also stated that hel has been working with Crystal Sweatt of! Mission Ministries Alliance to try to find solutions to the concerns raised by the community about the shelter's location next to the school. He added that the Police Department nowl has a civilian Peer Support Specialist whoi is trying to address the drug use in the area. ChiefLawrence said that thel Police Department is trying many different approaches and are Council Member Harkey thanked the residents for sharing their stories. She said that she herself has been dealing with the same issues in her own neighborhood and has been in contact with the Police Department on a regular basis. Council Member Harkey said that the Police Department has been very: responsive and Police staff are working overtime to try to deal with this issue. Council Member Martin said he recently became a member of the Board of Mission Ministries Alliance and had learned that Marion has more beds at its homeless shelters than other cities and municipalities in the area, He said it is going to take funding and everybody working together to Council Member Ramsey thanked everyone present and said that Councill has been: made aware of this issue and is working with other agencies to help address it. He pointed out that the mental healthcare system is part of the problem. Council Member Ramsey reiterated that Council is Mayor Pro' Tem Ayers ended the Public Comment period by stating that Council will continue to  nation.  working with other agencies to try tol help solve this complex problem.  move thel homeless shelter from its current location.  continuing to work to find solutions. work diligently on this problem.  UPDATE FROM MARION EAST COMMUNITY FORUM  Marion East Community Forum Coordinator Debora Workman presented an update on: recent and current] projects ofthel Marion East Community Forum, Ms. Workman advised that shei is also the Chairperson of Mission Ministries Alliance and stressed that the Mission is working closely with the City and other agencies to address concerns and to develop solutions and improvements.    Marion East Community Forum  GPTERNG Communinl    Contect eBulde6 Gtoer) Tagalfe  Marion East Community Forum Coordinator Debora Workman    Community  Board Chair of Mission Ministries Alliance McDowell Youth Forward Member  Steering Committee Member for NC Cooperative Extension McDowell Partnership of Substance Awareness- Member  McDowell  We Are One WESTI MARION INC. EST.2018  "WE ARE ONE"    Delivered 454 Food Boxes in the  Marion East Community  Marion East Hosts Clean Up Days in  March and October  :  HE NFL    Partnered with McDowell Moves in  October 2023 Peavine Trail  MCDOWELLA  1  Marion East Community Forum Hosted  Black Balloon Day March 6th, 2024  BLACK BALLOON DAY  lamreleasing Onthis Black virtual Balloon balloonsfor Day Courtney Boyd    Marion East Hosted a Container Gardening  Workshop  Marion East Hosted a Community Safety Event    Marion East Hosted a Marble for ages 3-18  Club  Marion East Community Partnered with East Marion Community Church for a Community Family Event    Marion East Co-Hosted Overdose Awareness Day August 31st, 2024  #TogetherWeCan    Discovering the Eastside  CINCH  Peavine  C&C used tires Thanky youf for sharing! hopet to see new customers start comingin  Mt Ida Wilderness' Park  Peavine Walking Community  WALKING COMMUNITY Thursday Mornings @s 9:00am Meet at the State Street' Traill Head Benefits: Physical Health. Mental Wellbeing. Social Connections, Motivation, Accountability. Knowledge. Safety. Fun. Enjoyment. Accessiblity and1 Inclusivity  Juueves por las mananas @ 9:00am Nos vemos ene el comienzo del sendero de States Street Beneficios: Salud fisica. bienestar mental. conexiones sociales. motivacion. responsabilidad, conocimiento. seguridad. diversiôn. disfrute. accesibilidadei inclusion. Todosson bienvenidos    Marion East Community and MATCH Mini  Resource Fair  Collaboration Not Competition  MATCH MPSA McDowell YouthF Forward Eastfield Global Magnet School Mission! Ministries Alliance Circle off Parents Eastfield NC State Cooperative Extension! McDowelIRHA! Prevention McDowell Tech Community College Healthy Blue FoothillsF Foodi Hub West Marion Community Forum OldF Fort Community Forum  Cityo of Marion East Marion Community Church East Marionl IPHC LFAC RHAH Health Services McDowell HeadStart ROCK Recovery McDowell Impact Medicaid Enrollment Broker Freedom! Life McLoeds Center of Well Being East Marion CR    Upcoming Events Old Fort School. 5;30pm-7 7:30pm West Marion Park. Peavine State Street Trailhead.  West Marion Countywide Community Forum, Hosted by Old Fort Community Forum - September 19th, 2024, from :30pm-7:30pm: at Men of McDowell Monthly Meeting - September 22,2024, from McDowell Racial Equity Collaborative - September 24th, 2024, from Fall Festival - Festival of Cultures - October 11th, 2024, 4pm at the McDowell Moves - October 19th, 2024, from 10am -1 12pm at the Racial Equity Book Club- October 28th, 2024, 5:30pm 7:00pm at McDowell Tech Cedar Building (11). Crane Resistoflex Auditorium.  3:00pm-5:00pm at 76 Oak Ave, Marion.  Thank you  Marion City Council for always supporting Mayor Steve Little, Council Members Woody Ayers, Chet A. Effler, Ann Harkey, Billy Martin, Don Ramsey and City Manager Bob Boyette ALSO Clinchfield United Methodist Church for letting us use your space  our Organization    APPROVALOF PURCHASE OF BUDGETED VEHICLE  Police Chief Allen Lawrence stated that the 2024-25 City Budget contained $56,000 in funding for the purchase of an unmarked vehicle. He said that City staff sought informal bids for the purchase ofthe vehicle, and a total ofthree proposals were received. Thel lowest bid was received from Kernersville Chrysler-Dodge for a 2024. Jeep Grand Cherokee in the amount of $43,454.96. Chief Lawrence advised that staff will have Ilderton Dodge upfit the vehicle ift there were no objections by Council. The total anticipated cost of $53,454.96 for the vehicle and upfit will be Upon ai motion by Council Member Ramsey, seconded by Council Member Martin, all Council Members present voted to approve thej purchase ofal budgeted 2024. Jeep Grand Cherokee for the Police Department from Kernersville Chrysler-Dodge int the amount of43,454.96plusi upfit costs. ADOPTION OF ORDINANCE AMENDING CITY COUNCIL MIETINGSCHEDULE City Manager Bob Boyette stated that, as discussed at the September 9 City Council Planning Session, he drafted an ordinance to amend Chapter 2, Administration, oft the City Code to modify the City Council meetings in consideration ofr national and state election schedules to state that no Upon a motion by Council Member Martin, seconded by Council Member Ramsey, all Council Members present voted to approve the following ordinance amending Chapter 2, Administration, oft the City Code to state that no Council meetings will bel held on the: first Tuesday ofl November:  $2,545.04 under thel budgeted amount.  Council meetings will bel held on1 the first Tuesday ofNovember.    ORDINANCE AMENDING CHAPTER2 ADMINISTRATION MARION CITY CODE  BEI IT ORDAINED! byt the City Council ofthe CityofMarion, North Carolina asi follows: Section 1. That Chapter 2, Administration, of the Code of Ordinances, City of Marion, Section 2. Chapter 2 is amended by repealing Section 2-76 and replacing it with the  North Carolina, is amended as follows:  following:  Sec, 2-76. Council meetings.  (a) Regular meetings. There shall be regular meetings of the city çouncil members at city hall or at such other place as may be designated, on the first and third Tuesdays of each month at 6:00 p.m., unless otherwise specified in which case each member of the council shall be 80 notified, No regular meetings of city council shall be held on the first' Tuesday ofJ July, on the first' Tuesday of August, on the first Tuesday of (b) Special meetings. Special meetings may bel held accordingt tot thes applicable (c) Adjourned meetings. Ifa quorum shall fail to attend any regular or special meeting oft the council or iff for any reason such meeting shall fail to complete transaction ofthel business beforet the meeting, suchi meeting may be adjourned to any date prior tot the nexti regular meeting agreed upon by ai majority ofther members present. Section 3. This ordinance shall become effective uponi its adoption. Adopted this thel 17th day of September, 2024.  November or on thet third' Tuesday in December, provisions oft the general statutes.  Mayor  ODee  ATTEST:  OF SEAL N CAROV  N. Reid Assistant tot thel Manager/City Clerk  RD  Ordinance Number: 0-24-09-17-2    ADOPTION OF ORDINANCE-WATER AND SEWERS SYSTEMITAMPPRING City Manager Bob Boyette said that the City currently has an ordinance prohibiting tampering with water meters. Manager Boyette advised that he and Public Works Director Brant Sikes recommend amending the ordinance toi includet tampering with any part oft the City's water and/or sewer systems. City Manager Boyette reported that, upon approval oft the proposed ordinance, staff will present al Fee and Rate Ordinance. Amendment to City Councili in October for consideration to establishi fees for water Council Member Martin asked if Manager Boyette could provide examples of tampering. Manager Boyette stated that] Public Works staffrecently caughta contractori illegally tapping intot the City'swater main system without approval, which could have damaged the City'swater system. Upon a motion by Council Member Harkey, seconded by Council Member Martin, all Council Members present voted to approve the following ordinance prohibiting tampering with any part of  ands sewer system tampering.  the City's water and/or sewer systems:    ORDINANCE AMENDING CHAPTER: 20 WATER. AND SEWERAGE MARION CITY CODE  BEI IT ORDAINED by the City Council oft the City ofMarion, North Carolina as follows: Section 1. That Chapter 20, Water and Sewerage, of the Code of Ordinances, City of Marion, Section 2, Chapter 20i is amended by deleting Section 20-40i ini its entirety andi replacing it witht the  North Carolina, is amended asi follows:  following:  Sec. 20-40.1 Unlawful to tamper with water or sewer system.  Its shalll bet unlawful for any person tor remove, tamper with, tap without permission, or in any way meddle with any water ors sewer meter, main, servicel line, valve, manhole, pump station, hydrant, facility or appurtenancos owned or maintained byt the City, without the written permission ofthe Violations oft this section shall be enforçed by the provisions of Chapter 1, General Provisions of the CityCode, orby charging fees established: fort tamperingy witht the City Water and Sewer System in the City Fee and Rate Ordinance. Section 4. This ordinance is not intended to supersede or preempt any federal or state law, rule, or regulation regarding the tampering of public utility systems, and violations may be pursued as allowed by federal and/or state law, rules, or  City,  regulations.  Section 3. This ordinance shall become effective upon its adoption. Adopted this the 17th day of September,2024.  ATTEST:,  AER  lo  E  SEAL CARDLINY  Katelyn? N. Reid, Assistant tot the Manager/City Clerk Ordinance. Number: 0-24-09-17-3  29    CITYMANAGERS REPORT Interbasin Transfer. Request  City Manager Boyette said that Citystaffisc continuing to work with local governments int the Catawba River basin to fight Charlotte's Interbasin Transfer (IBT) request. Manager Boyette advised that a meeting of local governments with the IBT legal and lobbying team has been scheduled in October. Manager Boyette reported thatl he recently learned that the" Town ofl Mooresville willl be seeking gal 12.6 million gallon IBT as well. That additional IBT request will be discussed by the local governments  opposing the Charlotte IBT request in thet neari future.  Housing  Manager Boyette stated that the City continues to address the housing crisis by working with agencies such as the Gateway Foundation. Manager Boyette said that Gateway now plans to construct sixteen single-family houses on the former. Johnny Banks Mobile Home Park property at Old] Morganton and Ridge Roads. Grading work for this project is underway.  Highway 226 South' Traffic  Manager Boyette advised that, at the request of City Council, hel had reached out to NCDOT last year to ask abouts short or longi term solutions to address thei increasing traffic and congestion along Highway 226 South. NCDOT had responded quickly and acknowledged the problem. At that time, NCDOT staff stated that they planned to start with traffic signal optimization work, which entailed coordinating the traffic signals along NC. 226 South to prioritize traffic flow along NC Manager Boyette said he recently learned from NCDOT staff that the signal optimization work was completed in. June of this year. He advised that it was possible that the signal optimization has helped somewhat, but there are still traffic congestion issues along NC 226 South, especially Manager Boyette reported that NCDOT staff submitted a Statewide Transportation Improvement Program (STP)project toi implement intersectioni improvements to: further address traffic mobility and congestion issues. This project scored well, but unfortunately NCDOTI has no funding fort this STIP round, sO no new projects will be approved in our region this funding cycle. Manager Boyette stated that City staffwill continue to work with) NCDOT staff on this matter but that he did not expect any significant improvements until NCDOT funding becomes available in  226.  at peak times.  the future.    Baldwin Avenue Sidewalk Extension  City Manager Boyette said that NCDOT had approved funding for 30% plans for the Baldwin Avenue Sidewalk Extension Project, which would allow another cost estimate tol be developed for the project. Manager Boyette advised that he and Public Works Director Brant Sikes anticipate the current cost oft the project to bes several times (perhaps tent times or more) the funding NCDOT had allocated. For that reason, there was a good chance that the Baldwin. Avenue Sidewalk Project Members of1 the audience expressed concern about the noise and speed oflarge trucks going down Baldwin Avenue. Manager Boyette reported that NCDOT had already posted a 30-mph speed limit sign and suggested that residents advise Police Chief Allen Lawrence ift there were days and times when they were observing speeding activity. An audience member asked if speed humps could be considered for Baldwin Avenue. Manager Boyette stated that NCDOT will not install  willl bei removed from the Statewide Transportation Improvement Program.  speed humps on State maintained roads such as Baldwin. Avenue.  CITY COUNCIL COMMENTS community members.  Council Member Harkey said she was glad tol be at this meeting and appreciated the dialogue with the Council Member Ramsey thanked everyone in attendance and noted that the homeless shelter does provide as service in the community. He said the Council willl be talking about thei issues discussed at Council Member Martin thanked the Marion East Community for the work they are doing. He Mayor Pro Tem Ayers echoedt the comments ofolerCOmclMember, Het hamklClmchielUnted Methodist Church for hosting the meeting and thanked everyone for attending and sharing their input  tonight'smeeting and thanked everyone who shared their concerns. counseled those in attendance: not to get discouraged.  and insights.  MEFTINGADJOURNMENT was adjourned at 7:07 p.m.  Upon ai motion by Council Member Ramsey, seconded by Council MemberMartin, the meeting  CaRpe EPHENI R.LITTLE, MAKOR  ITYO SE  ATTEST:  OF  KATELYN REID, R  MANAGER/CITY CLERK  ASSISTANTTOTHE  ROLI -