STATE OF NORTH CAROLINA COUNTY OF MCDOWELL CITY OF MARION The City Council for the City ofMarion met in Regular Session on Tuesday evening, February 18, 2025 at 6:00 P.M. at the Marion Community Building, located at 191 North Main Street in Marion. BOARD MEMBERS PRESENT: Mayor Stephen Little, Mayor Pro Tem Woody Ayers, Council Members Billy Martin, Chet Effler, Ann Harkey, and Don Ramsey. OTHERS PRESENT: Brant Sikes, Public Works Director; Jason Cochran, IT Director; Crystal Young, Finance Director; Kathleen Nolan, Human Resources Director; Katelyn Reid, Assistant to Manager/City Clerk; Freddie Killough, Marion Business Association; Abby Gillespie, Lead for NC Fellow; Mike Conley, Reporter, McDowell News. GUESTS PRESENT: Friends and Family of Amber Vess; Michelle Garcia, Evelyn De La Cruz, Tyler Mace, and Anna Caldwell. CONSENT AGENDA: Upon a motion by Council Member Effler, seconded by Mayor Pro Tem Ayers, all Council Members voted unanimously to approve the Consent Agenda as follows: A. Approval of the February 10, 2025 Special City Council Meeting Minutes B. Approval of Budget Ordinance Amendments C. Contract Update City Attorney D. Approval of 2025 Outside Agency Funding Policy E. Approval of Sale of ROW - NCDOT Rutherford Road Widening Project CIYY OF MARIOP, NORTH CAROUNA 2024-2025BUDGET ORDINANCE 9th Amendment BEWO CHDARNEDHY thodiyDeuset uftsaciyafiAaton, Nonhg Carpinae BPfpNS: Sssiiont 1. M-sa-wwGaaw North Carolisal fort thaf Ascalyear 20244025esadoptall hyu thei Medong CIly Caundl 011 we: lashe dey Dine 20241s BoNly amendssasfilkos GENERALFUNP Expasditure Batare ARer Inprse Bevesis! Increasa! Dgpartent Accmunte ksaunt Deasiplen AmeanE Amendne DAESe [Dneneeeny Hovanuas 16-3630000 Fentunenes-Mat SEtly 2024 Dnk $ 1,205 $ 0,295 5 sy000 1G-RES-4200 maaghganscammatat Grant-uNE Ehapalill $ 1,A0D $ E,X00 54,000 10-898-0000 Fandralares 536,442 $ G25,908 03462 Epeninura 10-425600 tinyhsgme.Cmriw. Expense $ 24000 $ 74,000 $ 0R00 10-550-4500 ConteB:tASenitas $ 95,900 $ 71,900 5 AGKCO 105404500 Cante:tsaSaricas $ 85,500 $ G4,900 6 G00 10-420-4300 Mulhles S 11,400 $ 40400 $ l1,xo 10-540-1500 MRERAESGNaRS S 25/000 $ 20000 $ JSXXO; 3B-521-9309 Suspiese.Matolas $ 20,00 $ $A000 $ j6000) 1-850-0650 Sreut- -Prlaisal 144,761 $ 201,741 $ Rzyro #-560-1876 Saullatnn-PAndpel 91,47828 $ $51,639.23 $ 5B,A6: WAIH/HDEWIFIND RWEIRIeR 30-299-0009 Appropimped fund bsanca a 1,194419 1,724,719 5 9W0g 30-337-0000 Sekaskursemene- Seaile: 29,480 S 34,00 S003 EKpBASteN 30-00-825 A143Manar"itusanisal $ 6302 $ 26,32 $ 20o1 80600-4940 UMak- -Frinzlpsl $ 9,70418 $ 34.D84.18 9 4300 80-810-4500 Contracteds Serykes 25A000 $ 765,00 $ 1501 Suctisnz. Copkis alth yudaa-eaA tgsasgat GMerwbek kapran afurd drectianint thod delunemestoiRuss Adogtadl lis tha 38 dayadFexuar,i 2025 1 lplen R.late, MHjor AYFENT, Der talynn AcklAasbtarkt tot theManagerliy Cork Ordlannter numbert 0-252-18 SEAL AROLR a 3 STATE OF NORTH CAROLINA LEGAL SERVICES AGREEMENT CITY OF MARION THIS LEGAL: SERVICES AGREEMENT is made the 18th day of February, 2025, between the CITY OF MARION, NORTH CAROLINA (the "City"), RO. Drawer 700, Marion, NG, 28752 and JENNIFER 0.) JACKSON ("lackson" or "Gity. Atturnay"). 46 Sulphur Springs Road, Asheville, NC, 28806; WHEREAS, NCGS: 160A-173 provldes that a city must: appoint an artorney to serve at fEs pleasure and to bei fts legal adviser; WHEREAS, Jackson has served as the City Attormey for the City of Marion for many: years with the most recent appointment! being made by Gity Council on April 1, 2014; WHEREAS, City Council andj Jackson wish to contimue Jackson's appointment as City Attorney uder the terms and conditions as expressed in this Agreement; NOW, THEREFORE, In consideration of mutual covenants and agreements contained fu this agreement, the City and City Attorney agree as follows: 1. APPOINTMENT AND DUTTES - a, The City! hereby appoints Jackson ast the City Attorney for the City of Marion to perforns thei functions and dutles speclfled in NCGS 160A-173, the City's Charter and Code of Ordinances, and such other legally permissible and proper duties and functions as the City Counell shall fromi time-to-time assign. b. The City Attorney shall provide legal services to the City of Marion, its Mayor aud City Council, Gity Manager, City Board of Adjustment, and the City Planning Board and other employees and board and committees as reuasted hyt the Mayoror City Manager, Conflicts with this representation shall immediately be brought to the attention ofi the Mayor and City Manager: C. Expressly excluded from Jackson's scope of appoiniment. and provislon oflegal services under this Agreementi is bond work that should reasonably be performed by bond counsel and litigation unless specifically agreed to by Jackson. d. The City Attorney shall devote approximately 16 hours oft time each month to the performance of her duties as City, Attorney, which shall include the attendance at one (1) meeting of City Council per month unless excused by the Mayor: Included in this monthlyretalner! Is travel to and froma Marion up to twice per month. Mileage at the IRS: approved rate for any work that must bo done In Marlon beyond the first two trips to Marion in: any given month may be billed by) Jackson in! her discretion. B. TE fs expressly understood and agreed that jackson can continuo to represent other clfents as long as such representation does not confiict with or unduly Interfere with representation oft fthe City ofMarion. The City ofl Marion acknowledges that jackson's other clients currently include the Town ofWeaverville, Weaverville. ABC Board, and McDowell County Tax Collector and municipal jurisdictions n MeDowell 1 4 for property tax foreclosure worl, and that the same does not generally conflict with or constitute an intorference with her appoiutment. The City Attorney shall strictly ahserve the Rules of Professional Conduct both during and after termination. 2. ATTORNEY-CLIENT RELATIONSHIP - Any communication botween the Gity and City Attorney is presumed to ba confidential umless waived by action of City Council. 3. INDEPENDENT CONTRACTOR STATUS - jackson shall at all times aperate as au independent sontract. 4. TERM -' This Agreement is for an indefinite perlod and: shall continue until such time as elther partyt terminates this Agreement as provided herein, 5. TERMINATION- a. The City of Marion, through action of City Council, may torminate the appointment ofthe City Attorney and this Agreement at anytime and for any or no reason by notifying Jackson in writing. b. Jacksen has thes right to Derminate her representation of the City of Marlon at any tima: and to withdraw from representation: in any matter and for any: reason as long as the Rules ofProfessional Conduct are observed. Whlle R is not necessary to state al reason for withdrawal from representation, the following conduct or circamstances may cause, Jackson to considor tarmination: misreprosentation or fallure to disclose material facts, significant action contrary to the City. Attorney's advice, conflicts ofinterest, attorney ethical obligations, personal conflict or disagreement and refusal to cuoperate, breach oftrust, nonpayment of amounts owed undert this Agreement. C. Ifjackson's representation afthe City is terminated, any amounts owwed to her for work previously performed remain due and payable. The City also agrees to pay: a reasonabla fee for anyt time spent on the City's matters at the request oft tho Gity aftert the date of termination based upon the hours devoted by Jackson in performing those requested or required: services. d. At the concluslon ofthe representation, Jackson must talce measures to close the City's files, These measures mayi include: maintalning a hard or digital copy ofthe Gity's files for jackson's rocords. Thet City's files willl bel kept confidential in accordance with applicable Rules of! Professional Conduct at all times. Once these fle closure measures: are taken, Jackson will seck direction from the City concerning the handling and transfer oft the files, 6, COMPENSATION. - The City Attorney shalll be provided a nonrefundable monthly retainer of $2,500.00. It Is: acknowledged thatsome large projects undertaken byt the City Attorney may not be able to be accomplished within the agreed mpon hours and in those instancos the City Attorney can bill fort those extra services at an agreed upon hourly rate as allowed by the Mayor and/or City Manager: Iti is also acknowledged thats some matters that the City Attorney routinely handles will be invoiced: separately for payment by thind parties. 2 5 Examples of this include disposition of City property to third parties and property tax foreclosure files. 7. CONTINUING LEGAL EDUCATION - Jackson agrees that the majority of her continuing legal education and coursework will be focused on municipal law and related topics. 8. NON-GUARANTEE - It is hereby acknowledged that Jackson has not made any guarantee or promise of any kind concerning the outcome or results of any matter or any decisions by any court or administrative body. 9. INSURANCE AND INDEMNIFICATION - The City agrees to maintain such insurance policies and/or riders that willj provide coverage for errors and omissions for public officials. To the extent provided by law, the City shall defend, hold harmless, and indemnify the City Attorney against anyt tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of her duties as City Attorney, except for any action that the City of Marion may bring directly against Jackson for: any alleged act or omission amounting to legal malpractice. 10. GENERAL PROVISIONS - The text of this Agreement shall constitute the entire agreement between the parties. Ifa any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 11. EFFECTIVE DATE This Agreement shall be effective as of March 1, 2025. IN WITNESS WHEREOF, the City of Marion has caused this Agreement to be signed and executed on its behalf by its Mayor, and attested by its City Clerk, and the City Attorney has signed and executed this Agreement. t C SPÉPHEN B.LITTLE, Mayot Rei KATELYN NJJ REID, City Clerk SEAL JENMIFEND,JACKSON, City Attorney CAROY - This instrument has been pre-audited in the manner required byt the Local Government Budget and Fiscal Control Act. 94 As - Vha CRYSTAL C. YOVNG, Finance Officer 3 6 City ofMarion, North Carolina Outside Agoney Funding Policy Purpose: This policy establishes guidelines for funding non-profit organizations ("agencies") to ensute compliance with North Carolina General Statutos and promote transparency, accountability, and effective use of public funds. Scope: This policy applies to all non-profit organizations sooking funding firom the City ofMarion, North Carolina. Policy Statementr The City ofMarion recognizes the Valuable services provided by non-profit organizations to enhance the well-being oft the community, To ensure publio funds are used responsibly, and to comply with North Carolina General Statues, all funding requests mist demonstrate. a clear and specifio purpose for1 the requested funds. Eligibility Roquirements To be eligible for City funding, an aguncy must: 1. Be a registered non-profit organization under Section 501(c)(3) oft the Internal Revenue Code. 2, Setve: esidents within the City ofMarion, 3, Provide programs Qr services that align with the City's strategic priorities and objectives. 4, Submit a completed pplication, including all required documentation, by the specified doadline. Application Requirements All funding requests must include the following: 1. Detailed Doscription of the Specific Use of Funds 0 A clear explanation of the specifio itom(s), program(s), or service(s) for which the flunding will be used (e.g. purchasing equipment, ptoviding direot services, or implementing as specific project). a A line-item budget showing how the raquested funds will be allocated. 2. Organizational Overview o A brief description ofthe agency, ils mission, andi its impact on the community. 3. Program or Projoct Goals a Specifio, measurable objectives the agency secks to achieve with the funding. 4. Performance Metrics o Aj plan for evaluating the effectiveness of fhe finded activity, including measurable outcomes, 5. Financial Documentation a Current financial statements, induding a statement of revenues and expenditures. Proof of other funding sources and/or sustainability plans, 6. Compliance. Assurance o Written assurance that the agency will use the funds sololy for the approved purpose and will comply swith all applicable laws and regnlations. 7. Application Period o Funding requests willl be accepted from Jamary 1 through March 15 ench year. All applications and required documentation mst be submitted within this timeframe to bo considered for funding 7 Review and Approval Process 1. Applioations will bos teviewed by City staff to ansure comploteness and aligument with City priorities and North Carolina Gonoral Statutes, 2. The City Council or designated committee will evaluste funding requests based on the following criteria: o Alignment with City objectives Demonstrated community impact Financial need and sustainability > Accountability and trensparenoy oft the proposed use 3. Final funding decisions will be madel by the City Couneil and included in the City's annal budget. Disbursement of Funds Approved funds will be disbursed in accordance with the City's financial policies, Agoncles must sign a funding agréement outlining the ters and conditions before receiving funds. Reporting Requremonts Fumded agencies must submit: 1. A mid-yaar progress report detalling the usC of funds and progress toward stated goals. 2. A; year-end. report, including a final accounting of expenditures and an evaluation of outcomes, Non-Compliance Failure to use: funds for the approved purpose or to submit required: reporls may fesult in: 1. Repayment ofthe disbursed funds. 2, Ineligibility for foture funding, 3, Additional actions E8 deemed approprinte by the City Council. Policy Review This polioy shall be reviewed periodically and updated as necessary to ensure compliance with mpplicable laws and the needs ofthe community. Adopted by the City Counoil ofthe City of Marion this the 184 day ofFebruary, 2025. RR Stéphen R. Lttie, Myor ATTEST: lRi0 Kntelyn N. Reid, Assistant to Manager/City Clerk SEAL Policy Number: P-25-03-18-1 CAROLS 8 CITIZEN OF THE MONTH - AMBER VESS Council Member Ramsey nominated Amber Vess as Citizen of the Month for February 2025, and presented the following statement: "Amber Vess is a devoted wife to Randal Vess for 24 years and mother to five children. She has dedicated her life to fostering hope and support for children in need. Along with Randal, Amber has been a foster parent for 21 years. They have adopted four children providing a loving home for countless kids throughout that time. They've lived in McDowell County for the past 12: years where Amber's passion for helping children in difficult circumstances has been the foundation of her work. In honor of her late daughter Megan, who passed away at 18 after a courageous battle with cancer, Amber founded the Live Like Megan Foundation to provide Hope, Education and Opportunity to children with life-altering circumstances. In March 2024, Amber opened Meg's Place, a resource hub for children in foster care, named after Megan's Legacy. Since its opening, Meg's Place has served as a safe space, offering a bed for 54 nights, providing resources to 88 children in foster care, and assisting 36 children in kinship care. The Foundation has hosted 6 foster parent support group meetings and organized a Christmas Bash to provide Christmas gifts for and celebrate with children in foster and kinship homes in McDowell County. Amber's work through Meg's Place and the Live Like Megan Foundation is a testament to her unwavering commitment to creating a better future for vulnerable children. Her journey is one of compassion, resilience, and an enduring love for her daughter Megan, whose spirit continues to inspire Amber's work every day. Many of us know Amber from the wonderful work she does providing children with a stable environment and a safe place to live. However, not many of us are aware of the impact she had on our community during the recent hurricane Helene. Amber, through her willingness to reach out and help others, arranged for truckloads of water, food and household supplies to be brought to Marion and distributed to those in need. She contacted friends from Pennsylvania and other states who were willing to respond to the needs of our community. There were seven truckloads, and five tractor trailer loads of needed supplies. These supplies came when most in our county were out of water and power and not many stores were open. Her efforts in supplying the needs to our community assisted hundreds of families in getting through that difficult time of uncertainty. Marion's Helene Recovery Center, set up at First Baptist Church, offered food water and household items for about six weeks. Without Ambers' help this would not have been possible. There are many unsung heroes in our community, those who work behind the scenes and seek no recognition. Amber Vess is at the top ofthat list. She has a servant's heart and goes about her daily life making life better for others.' 99 Council Member Martin recognized Ms. Vess for filling a void in our community Mayor Pro Tem Ayers commended Ms. Vess for her willingness to always step up and help. 9 Council Member Harkey stated that Ms. Vess shared love to her community much like her family members showed her by bringing her flowers. Council Member Harkey thanked Ms. Vess forl honoring Megan, and all the foster children in McDowell County. Council Member Effler recognized Ms. Vess for being resilient to her vision through adversity and her exhibition ofleadership, kindness, diligence, caring, and refusal to back down from advocating for those less fortunate. Various family and friends, along with her board of directors, commended Ms. Vess's leadership, and dedication. Ms. Vess recognized her board members for all they do for Meg's Place. APPROVALOF ADVERTISEMENT OF UNPAID 2024 REAL: PROPERTY TAXES Finance Director Crystal Young came forward to present. Ms. Young stated that she has made it through her first month as Finance Director and that everyone she has worked with has been welcoming and kind to her and made her feel at home. Ms. Young noted that as stated in G.S. 105-369(a), the Municipal Tax Collector must report to the governing board the total unpaid 2024 taxes that are liens on real property. Ms. Young noted that as of this date, the amount of unpaid 2024 property taxes is $229,439.01. Ms. Young explained that in addition, G.S.105- 369(c) states the Municipal Tax Collector must advertise tax liens at least once between March 1 and June 30. Ms. Young stated that with Council's permission, we would like to set this date as Tuesday, March 18, 2025. Upon a motion by Council Member Ramsey, seconded by Council Member Martin, all members voted unanimously to approve the tax lien advertisement date to be set for Tuesday, March 18, 2025. RECOGNITION OF NEW YEAR'S EVE CELEBRATION MAJOR FONSORSCONTRIRITORS Assistant to Manager/City Clerk Katie Reid announced that this item would have to be postponed to the next meeting due to the speaker unexpectedly being unable to attend. Mayor Little agreed that this item should be revisited at a tuture meeting. PUBLIC APPEARANCE. - MARION BUSINESS ASSOCIATION Mayor Little recognized Freddie Killough and Tyler Mace from the Marion Business Association to present the MBA's quarterly report. Mr. Mace thanked Council for their continued support ofthe Marion Business Association. Mr. Mace presented that 7 business have recently opened, while 5 have closed. Mr. Mace stated that 10 MBA staff have recently spent most oftheir time speaking with businesses about relief options post Helene. Mr. Mace then stated that they have had 2 Ribbon Cutting events this past quarter. Mayor Little noted that with the recent disaster ofHelene, it is remarkable that Marion kept a net growth of businesses during this time. Mayor Little then thanked Mr. Mace and the entire Marion Business Association for their concern, kindness, and for providing the report. PUBLIC COMMENT PERIOD Mayor Little asked Assistant to Manager/City Clerk Katelyn Reid if there were any guests signed up for the Public Comment Period. Ms. Reid announced there were several citizens requesting to speak. Ms. Reid called on Michelle Garcia to speak under Public Comment. Ms. Garcia asked to hand out information to Council Members, and to present a statement regarding the Hispanic Community. Ms. Garcia presented the following statement to Council and asked for Council Members to consider adopting it to provide a sense of safety to the immigrant community: "At the base of the Statue of Liberty, a verse from our national hymnal warmly welcomes immigrants through America's golden door. This powerful message reflects a core value that has long been integral to our nation's greatness, and iti is a value that we, the Mayor and City Council of Marion, believe must continue. As local governments across the nation adjust to a shifting legal landscape, we reaffirm our belief in the vital role immigrants play in our community and recognize the many contributions they have made to the fabric of Marion. We are aware of recent changes in immigration policy and enforcement, and we share in the concerns and anxieties that some of our neighbors may be feeling during these uncertain times. The Marion Police Department (MPD) is fully committed to protecting and serving every member of our community. Our enforcement decisions are based on individual actions, not on immigration status. It is not the policy ofl MPD to inquire about immigration status. Furthermore, our officers do not receive training in immigration-related law enforcement, nor does this type of enforcement fall within the scope of authority granted to us by the State ofl North Carolina. mmigration-related offenses, whether civil or criminal, are handled by federal and state agencies, including Immigration and Customs Enforcement (ICE), the U.S. Border Patrol, U.S. Customs and Border Protection (CBP), and the enforcement branches of state government. MPD's role is to ensure public safety and adhere to the principles of constitutional policing. When MPD takes individuals into custody for criminal behavior, their immigration status is not a factor, and iti is not relevant to our investigations. We do not make arrests or enforcement decisions based on a person's immigration status. The City ofMarion wants to make it clear: we are here to support everyone in our community. No one should feel afraid to seek help from city officials, staff, or law enforcement officers when 11 assistance is needed. Our schools provide equal access to education to all students regardless of immigration status and maintaining a place where each and every student feels safe and secure is always our number one priority. We are committed to doing everything within our power to help and ensure that Marion remains a safe, welcoming place for all residents." Mayor Little thanked Ms. Garcia for her presentation and commended her for her bravery to present. SCHEDULING OF CITY COUNCIL PLANNING SESSION Assistant to Manager/City Clerk Katelyn Reid stated that Acting City Manager Dawn Penland has recommended the proposed date ofMonday, March 3rd at 5:00pm be scheduled for a City Council Planning Session at City Hall located at 14 S Main Street. After a brief discussion with Council, Mayor Little approved the proposed date, and the City Council Planning Session was therefore scheduled for March 3, 2025 at 5:00pm at City Hall. CITY MANAGER'S REPORT Assistant to Manager/City Clerk Katelyn Reid gave the following report to council: Ms. Reid noted that Information Technology Staff recently installed an electric door lock on the Community Building Main Level as authorized by Council, and had sought estimates for the double Doors at the Depot Building. Ms. Reid explained that after getting estimates, we found out that all hardware would have to be replaced on both doors to be able to install an electric door lock which would prove to be way over budget. Ms. Reid stated that Information Technology Staff are currently researching the cost for doing the single-entry hallway door instead. Ms. Reid then gave an update on housing, stating the following: "The Marianna project has been deprioritized as a result of other pressing property management responsibilities. Allen Roderick redirected his focus to addressing leasing and tenant needs at 34 Logan Street and the street-level floor of 44 Depot Street, both ofwhich are now fully leased. Currently, efforts are concentrated on completing the tenant upfits for Aaron's Cheese Making Facility at 44 Depot Street and Grace Apparel on the top floor of34 Logan Street. Progress on these projects has been delayed due to damage caused by Hurricane Helene. While the buildings are well constructed, the storm inflicted damage that set Roderick back approximately six months and required the filing of nine insurance claims. As a result, the Marianna project will remain on hold until these more immediate obligations are resolved." Mayor Little noted that significant work had been completed to remove pigeon droppings from the upper levels and expressed concern about open windows. Ms. Harkey explained that she continues to get questions about the progress of this building due to the deteriorated exterior. 12 Ms. Reid stated that a follow-up meeting with Mr. Roderick was scheduled for the following Friday. Ms. Reid finished by briefly explained the recent meeting about Westwood Chateau. Ms. Reid explained that City staff met with the project engineers, NCDEQ, Westwood Chateau Townhouses property owners, and Great Meadows on Thursday, Feb 13 to discuss the emergency dam repairs, aj potential buyout option, and other repair options post Helene. MS. Reid explained the meeting went well, and that a more detailed summary would be provided as information came available. CITY COUNCIL COMMENTS Council Member Ramsey did not have any comments to share. Council Member Martin expressed concern about the recent influx of garbage on city streets. Council Member Harkey thanked Council Member Ramsey for his choice in Amber Vess as Citizen of the Month because she is SO deserving. Council Member Effler asked to close the meeting in honor of Steve Lytle, Assistant Chief for the Crooked Creek Fire Department. Mayor Pro Tem Ayers thanked Public Works and Police for their professionalism during the repeated issues that have occurred over the last few weeks. Mayor Little echoed Council Member Harkey's appreciation for Council Member Ramsey's choice of Citizen ofthe Month. Mayor Little then shared an invitation that Council had received to an event at the McDowell Early College. MEETING. ADJOURNMENT Upon a motion by Council Member Ramsey, seconded by Council Member Effler, the meeting was adjourned at 6:46 p.m. 1 STEPHEN R. LITTLE, MAYOR Of ATTEST: KATELYNREID, ASSISTANT TO MANAGER/CITY CLERK SEAE CARL