STATE OF NORTH CAROLINA COUNTY OF MCDOWELL CITY OF MARION The City Council for the City ofMarion met in Regular Session on Tuesday evening, January 21, 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; Planning and Development Director Heather Cotton; Jason Cochran, IT Director; Joe Gorecki, IT Development Specialist; Dawn Penland, Finance Director; Kathleen Nolan, Human Resources Director; Katie Reid, Assistant to Manager/City Clerk; Mike Conley, Reporter, McDowell News. GUESTS PRESENT: Earl Durkee, Nix Creek Road; Cody Durkee, Nix Creek Road; Jeff and Gwen Conley, West Henderson Street; Gina Ohmann, Yancey Ridge Lane; Wesley Ohman, Viewpoint Drive; Dr. J.W. Kelly, McDowell Tech; William Kehler, McDowell Emergency Management. CONSENT AGENDA: Upon a motion by Council Member Effler, seconded by Council Member Ramsey, all Council Members voted unanimously to approve the Consent Agenda as follows: A. Approval of the January 7, 2025 Regular City Council Meeting Minutes B. Approval of Budget Ordinance Amendments INTRODUCTION OF NEW EMPLOYEE Acting City Manager Down Penland called forward Human Resources Director Kathleen Nolan to introduce Crystal Young as the new Finance Director. Ms. Nolan explained that Ms. Young comes to us from the Town of Spruce Pine, where she has been the Finance Director since 2018. Ms. Young is a native ofMitchell County and has worked in local government since graduating from Milligan College (now Milligan University) with a degree in Business Administration with ai minor in Accounting, Ms. Young started her local government career in the Town of Bakersville and then served as Clerk to the Board / Human Resources in Mitchell County before becoming Finance Director in Spruce Pine. Ms. Young also obtained her Certified Public Accounting license in 2022. Ms. Knolan noted that we are very fortunate to welcome Crystal to the City of Marion, and we look forward to her becoming part of our team. 1 DISCUSSION ITEM - EXECUTIVE SEARCH FIRM FOR RECRUITMENT OF CITY MANAGER Ms. Nolan introduced the next agenda item, outlining the process for recruiting a new city manager. She explained that the recruitment timeline would take approximately 70 days from the signing oft the contract to the selection of a candidate. Ms. Nolan requested authorization from the council to approve the contract once it has been drafted. Mayor Little commended the efficiency oft the proposed recruitment timeline. He highlighted the significance of selecting the only search firm located in North Carolina, emphasizing that their familiarity with state-specific laws and general statutes would streamline the process by reducing the learning curve. Council Member Effler expressed support for the selected firm, noting their focus on emotional intelligence during the hiring process. He underscored the importance of understanding the needs and personalities involved in the role. Additionally, he remarked on the firm's reputation for being neutral and independent, with many governments across various jurisdictions relying on their expertise. UPDATE - CATAWBA RIVER CORPS OF ENGINEERS FEASIBILITY STUDY Ms. Penland called forward Planning and Development Director Heather Cotton to give an update on the Catawba River Corps of Engineers Feasibility Study. Ms. Cotton informed the Council that discussions had taken place regarding riverbank stabilization along the Catawba River in connection with a feasibility study conducted by the U.S. Army Corps of Engineers. Ms. Cotton stated that the initial step in thej process was to secure a Letter ofIntent for the City ofl Marion to serve as the non-federal sponsor for the study. Ms. Cotton confirmed that the Mayor had signed and submitted the letter to tacilitate a direct appropriation ofi funds for the Catawba River and its major tributaries, including Mackey Creek, Clear Creek, and Buck Creek. Ms, Cotton emphasized the importance of these water sources for the City's water supply and public infrastructure, ensuring resilience against future storms and safeguarding any other city infrastructure linked to these waterways. HURRICANE HELENE RECOVERY UPDATE - WILLIAM KEHLER Emergency Management Director William Kehler addressed the council regarding the Emergency Operations Plan that has recently been updated to comply with requirements for grant funding from Hurricane Matthew. Mr. Kehler explained that a required plan had been updated to include specific titles to ensure compliance and proper coverage of all sectors impacted during Hurricane Helene. Mr. Kehler expressed confidence that the updated plan met all necessary requirements and requested council approval to proceed. Mr. Kehler then provided an update on the Emergency Operations Center, noting that today marked the 119th day ofi its activation. Mr. Kehler acknowledged the ongoing efforts of Deputy 2 Director Adrian Jones and EOC Liaison Officer Desiree McLaughlin, who have been integral to the operations. Mr. Kehler reported that debris removal operations were still underway, adhering to FEMA' 's specific guidelines to ensure compliance and efficiency. Discussing progress in other areas, Mr. Kehler shared that one hydro station unit would return to operation in February to assist with water removal from Lake James. Additionally, he informed the council that three units scheduled for Lake Tahoma would be operational by the end of 2025. Mr. Kehler commended volunteer groups for their contributions, stating that over 200 home repairs had been completed through their efforts. Mr. Kehler mentioned that AshBritt had been hired as the contractor for debris removal operations and proceeded to share key metrics. Mr. Kehler explained that 44,141 cubic yards of brush and home debris had been removed SO far, along with 26,978 tons of river silt, which had been transported to a designated landfill in Tennessee. Mr. Kehler also highlighted the process for personal property debris removal, encouraging residents to visit modowelgovcom.debris to complete the "Right of Entry" form. Mr. Kehler noted that these forms are necessary for FEMA to approve debris removal from personal property and to authorize payment. Finally, Mr. Kehler informed the council that over 700 access points for waterway debris removal had been submitted to FEMA for review and approval. Mr. Kehler concluded by reiterating the importance of fmoving forward with the updated hazard mitigation plan and respectfully requested the council's approval. Upon a motion by Council Member Effler, seconded by Council Member Harkey, all Council Members voted unanimously to approve the updated EOP: PUBLIC COMMENT PERIOD Mayor Little asked Assistant to Manager/City Clerk Katelyn Reid ifthere were any guests signed up for the Public Comment Period. Ms. Reid announced there were several citizens requesting to speak. Ms. Reid called on Earl and Cody Durkee from Nix Creek Road to come forward to speak under Public Comment. Earl Durkee spoke first, and Cody Durkee followed. Both stated that they were volunteer firefighters with the City of Marion Fire Department. Earl and Cody Durkee expressed their thoughts on Ray McDaniel's termination from employment. The Durkees indicated that they believed Ray McDaniel had been unfairly terminated and asked that Council investigate the circumstances surrounding his separation. They said that Ray had been a mentor and a great leader to both of them. Both Earl and Cody Durkee publicly resigned as volunteer firefighters from the Marion Fire Department and left their turnout gear in the Council meeting chambers before leaving the building. 3 At the end oft the public comment period, following other speakers, Human Resources Director Kathleen Nolan addressed the council to affirm that all applicable policies and procedures were followed concerning the matter involving Ray McDaniel. Ms. Nolan clarified that no public statements had been issued regarding the situation and emphasized that the council was not involved in the decision-making process, consistent with the council-manager form of government. Ms. Reid then called forward the next citizen to speak under Public Comment. Jeff Conley came forward to address council to express his concerns regarding possible violations ofthe city ordinance on open burning. He stated that burning has been occurring between 2:00 AM and 4:00 AM at a property located at 20 West Henderson Circle, which he believes creates an ongoing and unacceptable nuisance. Mr. Conley noted that, despite the fire and police departments responding to the issue, the activity continues unabated. Mr. Conley further reported that residents at the property are bringing in materials to burn and that the sanitation department has previously advised them to put out their trash and brush for collection. However, Mr. Conley has observed that these residents consistently burn their waste, including materials placed dangerously close to the house, Mr. Conley further added that the house in question has been without power since February, two years ago, raising additional concerns about the safety and legality oft the situation. Mr. Conley urged the council to address this matter promptly to ensure the enforcement of city ordinances and protect the surrounding community. CITY MANAGER'S REPORT Acting City Manager Dawn Penland gave the following report to council: Ms. Penland noted that she had: met with Public Works Director Brant Sikes and FEMA on January 14th to review the City of Marion's Damage Inventory Report. Ms. Penland noted that a second meeting would take place in the upcoming week to review compiled documentation for these projects. CITY COUNCIL COMMENTS Council Member Ramsey did not have any comments to share. Council Member Martin expressed concerns about the need for reflectors on the 221 Bypass due to either currently having none or having inadequate reflectors dividing lanes and identifying the median barrier. Council Member Harkey gave special thanks to Public Works Director Brant Sikes. 4 Council Member Effler complimented City Staff for their hard work and how the team has operated over the last few weeks. Acting City Manager Penland did not have any comments to share. Mayor Pro Tem Ayers did not have any comments to share. Mayor Little echoed Council Member Harkey's appreciation. At approximately 7:07 pm Council Member Effler made the motion to enter closed session under N.C.G.S. $143-318.11(a)(3), to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged, and to consider and give instructions to an attorney concerning the handling or settlement of the following. judicial action: City ofMarion VS. George F. Long, McDowell County File No. 24 CVD 1069; and N.C.G.S. $143-318.11(a)6) in order to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions ofinitial employment of an individual public officer or employee or prospective public officer or employee, or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. Council Member Ramsey seconded the motion and with a vote of 5 to 0, City Council entered into closed session. [CLOSED SESSION] At approximately 7:43 pm Council Member Ramsey made the motion to exit closed session. Council Member Effler seconded and in a unanimous vote of 5 to 0 the Mayor and Council exited closed session and re-entered open session. Council Member Martin made a motion to authorize the Mayor to enter into an agreement with Developmental Associates for executive search services for the new city manager with a proposed salary range of$125,000 to $150,000 and EQ testing for all department heads and acting department heads. Council Member Ramsey seconded the motion. All voted in favor and the motion passed unanimously. Mayor Pro Tem Ayers made a motion to increase the salary ofDawn Penland by 10% while she serves as Acting City Manager and retroactive to December 30, 2024. Council Member Martin seconded the motion. All voted in favor and the motion passed unanimously. MEETING ADJOURNMENT Upon ai motion by Council Member Ramsey, seconded by Mayor Pro Tem Ayers, the meeting was adjourned at 7:47 p.m. 5 BR STÉPHEN R. LITTLEMAKOR ATTEST: cer KATELYNREID, ASSISTANT TO MANAGER/CITY CLERK SEAL AROLIN a - - 6