STATE OF NORTH CAROLINA COUNTY OF MCDOWELL CITY OF MARION The City Council for the City of Marion met in Regular Session on Tuesday evening, May 20, 2025 at 6:00 p.m. at the Marion Community Building located at 191 North Main Street in Marion. COUNCIL MEMBERS PRESENT: Mayor Stephen Little, Council Members Chet Effler, Billy Martin, Ann Harkey, and Don Ramsey. OTHERS PRESENT: Woody Ayers, City Manager; Crystal Young, Finance Director; Brant Sikes, Public Works Director; Allen Lawrence, Police Chief; Kathleen Nolan, Human Resources Director; Heather Cotton, Planning & Development Director; Corey Presnell, Acting Fire Chief; Jonathan Hollifield, IT Systems Manager; Mike Conley, Reporter, McDowell News, GUESTS PRESENT: Marlan Brinkley, McDowell County Public Library; Debora Workman, Marion East Community Forum Coordinator; David Wooten, First Bank; J.W. Kelley, McDowell Technical Community College; Mark Huskins, Marion. CONSENT AGENDA: Upon a motion by Council Member Chet Effler, seconded by Council Member Don Ramsey, all Council Members voted unanimously to approve the Consent Agenda as follows: A. Approval of May 6, 2025 regular City Council meeting minutes B. Receive Certificate of Sufficiency - Hernandez Property Annexation Request PUBLIC HEARING - INTENTTO CLOSE AN UNOPENED PORTION OF TENNESSEE AVENUE Planner II Vance McNees presented an ordinance to permanently close a portion of Tennessee Avenue. Mayor Little opened the public comment period. Hearing no requests for public comment from those present, the public comment period was closed. Upon a motion by Council Member Ramsey, seconded by Council Member Harkey, Council voted unanimously to approve the ordinance permanently closing a portion ofTennessee Avenue. MEMORANDUM DATE: May 20, 2025 TO: Mayor and City Council FROM: Vance McNees, CZO, Planner II THROUGH: Woody. J.Ayers, City Manager SUBJECT: ORDINANCE TO CLOSE AN UNOPENED PORTION OF TENNESSEE AVENUE AND COLUMBIA STREET. This is an ordinance toj permanently close aj portion ofunopened right-of-way identified as Tennessee Avenue and Columbia Street. A Resolution of Intent on the matter was adopted by City Council on March 4, 2025, a notice ofthe hearing was published in the McDowell News for four successive weeks, and the notice was posted in two (2) places along the unopened rights-of- way pursuant to North Carolina Statutes 160A-299. Property owners adjoining the unopened right-of-way were also notified ofCity Council' s intent to permanently close a portion of said unopened right-of-way. The portion of unopened rights-of-way to be closed are located at the end of Tennessee Avenue and Columbia Street, and includes approximately 0.39 acres of land (as indicated "To Be Closed"). The petitioner currently uses and maintains the unopened portion of these rights-of- way. The closure of these rights-of-way will not deprive access to any other adjacent property. The only person that owns property adjoining the rights-of-way to be closed is the petitioner Debbie Goins. It was discovered that there is a public sewer utility line located within the "To Be Closed" portion of Tennessee Avenue. Therefore, a necessary condition of this closure is to retain a twenty (20) foot public utility easement to allow for future maintenance. If the road abandonment request is approved, Staff will draft an easement agreement for recording with the McDowell County Register of Deeds that reflects the proposed easement shown on the preliminary plat. AN ORDINANCE PERMANENTLY CLOSING AN UNOPENED PORTION OF TENNESSEE AVENUE AND COLUMBIA STREET WHEREAS, the City Council ofMarion, North Carolina, at its regular meeting on March 4, 2025 adopted a resolution declaring its intent to permanently close a portion ofa an unopened rights ofway at the end of Tennessee Avenue and Columbia Street as a public street and calling for a public hearing on the question; and WHEREAS, The Resolution was published and posted, and copies thereof were sent by registered mail to all owners of property adjoining the portions ofthe unopened rights-of-way which was described in the Resolution, as required by the provisions ofNorth Carolina General Statutes, Section 160A-299; and WHEREAS, A public hearing was duly held in the Council Chamber on May 20, 2025, at which no owner of property adjoining said unopened rights-of-way intended to be closed appeared to express opposition to the closing; and WHEREAS, After the hearing, it appears to the satisfaction of the City Council that closing the described rights-of-way, while providing a necessary public utility easement, is not contrary or detrimental to the public interest oft the property rights of any individual, and that no individual owning property in the vicinity thereof would thereby be deprived ofreasonable means of ingress and egress to and from the property of such owner. NOW, THEREFORE, BE IT ORDAINED, THAT THE CITY COUNCIL OF THE CITY OF MARION, NORTH CAROLINA THAT: Section 1. The portion ofunopened rights-of-way as shown, for identification and location purposes only, on a survey of! property signed and sealed by Douglas Suttles on referenced herein as Exhibit A, are hereby, permanently closed. Section 2. At twenty-foot wide public utility easement will be retained by the City of Marion across the unopened portion ofTennessee Avenue as shown on the survey of property referenced herein in Exhibit A. Section 3. A certified copy ofthis Ordinance shall be filed in the office ofthe Register ofI Deeds for McDowell County, North Carolina, as required by the provisions ofNorth Carolina General Statutes 160A-299. Section 4. This Ordinance shall be in full force and effect from and after the date of its adoption. Adopted this the 20th day ofMay, 2025. Stephen R. Little Mayor ATTEST: Katelyn N. Reid Assistant to Manager City Clerk PUBLIC COMMENT PERIOD There were no public comments. APPROVAL OF LANDSCAPING CONTRACT Public Works Director Brant Sikes presented a contract to renew the landscaping and grounds maintenance contract ofspecified City-owned properties and rights-of-way (ROW) with Lawrence Moore d/b/a LL Moore Landscapes and Lawn Service. Mr. Sikes advised that Mr. Moore was willing to renew the contract with no change to the scope of work but with a 13.9% increase in cost. Mr. Sikes believed the proposed increase was fair and reasonable based on inflation and the scope of work covered by the contract. He went on to say that Mr. Moore has been performing landscaping work for the City for 37 years. The proposed contract would be renewed for a period oft three years. Mayor Little asked ifthe contract included decorating S. Main Street for the Thanksgiving holiday, and Mr. Sikes advised that the scope of work does still include seasonal decorations, including a Thanksgiving holiday display. Upon a motion by Council Member Martin, seconded by Council Member Ramsey, Council voted unanimously to approve the three-year contract with Lawrence Moore to provide landscaping services. ADOPTION OF RESOLUTIONTO OFFER A 457 DEFERRED COMPENSATION PLAN TO CITY OF MARION EMPLOYEES Human Resources Director Kathleen Nolan presented a resolution to offer a 457 deferred compensation plan administered by Empower to City employees as an additional benefit offered through the employee benefit package. Ms. Nolan stated that there would be no cost to the City to offer the deferred compensation plan as it would be an employee-only, voluntary contribution that would allow employees an additional path for employees to plan and save for retirement. Upon a motion by Council Member Effler, seconded by Council Member Martin, Council voted unanimously to adopt the resolution to offer a 456 deferred compensation plan to City of Marion employees effective July 1, 2025. Resolution to Adopt the North Carolina Puhlic Employee Defcrred Compensation Plan WHEREAS, the City Council ofthe City of Marion wishes to provide a qualified defined contribution plan to employees and elected officials ofthe City effective, July 1, 2025; WHEREAS, the State of North Carolina has cstablished the North Carolina Public Employee Deferred Compensation Plan, a qualified governmental Deferred Compensation Plan under Internal Revenue Code $457(b) for public employees ofNorth Carolina; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Marion has adopted tho North Carolina Public Employce Deferred Compensation Plan also known as "NC Deferred Comp" under the termis of the Plan Document and the Third-Party Administrator Agreement. Effective July 1, 2025, all employees shall become cligible to defer compensation immediately upon the first date of employment or appointment as an elccted official with the City. Adopted this the 20*h day ofMay, 2025. A Stephen R. Littic Mayor ATTEST: DeR Katelyn N. Reid, Assistant to Manager/City Clerk RESOLUTION NUMBER: R-25-05-20-01 SEAL AROL APPROVAL TO SUBMIT APPALACHIAN REGIONAL COMMISSION GRANT APPLICATION Planning and Development Director Heather Cotton presented a grant funding opportunity available through the Appalachian Regional Commission (ARC). ARC is offering $6 million in FY2026 for economic and infrastructure projects in North Carolina's Appalachian Region. McDowell County qualifies as a Transitional County,' n requiring a 50% local match. The City of Marion's pre-application for $350,000 to replace a failing grit classifier at its Wastewater Treatment Plant was selected to advance through the grant process. The total project cost is $700,000, with the City contributing theremaining $350,000. Ms. Cotton requested City Council's approval to submit the full application and commit to the local match, enabling timely completion oft the project over three fiscal years. Upon a motion by Council Member Harkey, seconded by Council Member Effler, Council voted unanimously to approve the request to submit the Appalachian Regional Commission grant application. CONSIDER RESOLUTION FIXING DATE OF PUBLIC HEARING - HERNANDEZ PROPERTY City Manager Woody Ayers presented this item in the absence ofCity Clerk Katie Reid, who was not in attendance at the meeting due to scheduled leave. CityManager Ayers said that City Clerk Katie. Reid had prepared a Certificate of Sufficiency for the petition for voluntary annexation received for the Hernandez property. Upon a motion by Council Member Martin, seconded by Council Member Ramsey, Council voted unanimously to approve the resolution to fix the date of a public hearing for the Hernandez property annexation for June 17, 2025. CITY MANAGER'S REPORT City Manager Ayers reminded Council about the pre-budget workshop planned for the following evening, May 21, 2025, at 5:00 p.m. at City Hall. Manager Ayers then directed Council's attention to the HCA independent audit report that was completed last Monday and advised that information about the report was included in Council's agenda packet for review. Manager Ayers also announced that he learned that WorldAtlas.com had selected Marion as one of the seven top best cities to retire in North Carolina. Council Member Harkey noted that Marion was listed first in the article. Finally, Manager Ayers shared that Givens Estates had again missed the HUD funding but said that there is continued work towards funding and that shareholders will keep pressing forward. MEETING ADJOURNMENT Mayor Little acknowledged the guests present at the meeting and thanked them for attending, Upon a motion by Council Member Effler, seconded by Council Member Ramsey, the meeting was adjourned at 6:33 p.m. STEPHEN R. LITTLE MAYOR ATTEST: ce - - KATELYN N. REID, ASSISTANT TO THE MANAGER/CITY CLERK SEAL AROLIF -