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Council honors Shane Fulp

City Council approved a resolution Monday night, Sept. 11, 2017, honoring retired employee Shane Fulp. Fulp retired from the City of Morganton Sept. 1, 2017, with nine years of service. Fulp retired as a Public Safety Officer.

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Councilman John Cantrell, left, and Public safety Chief Ronnie Rector, right, present a resolution to retired Public Safety Officer Shane Fulp Monday night, Sept. 11, 2017.

RESOLUTION HONORING WILLIAM SHANE FULP

WHEREAS, William Shane Fulp was employed by the City of Morganton as Public Safety Officer BLET Trainee in the Public Safety Department on August 15, 2008; promoted to Public Safety Officer Trainee on December 15, 2008; promoted to Public Safety Officer on June 15, 2009; and

WHEREAS, William Shane Fulp has faithfully served the City of Morganton in the Public Safety Department, and has given of his time and efforts for the benefit of the citizens of Morganton for nine years; and

WHEREAS, William Shane Fulp retired from the City of Morganton as Public Safety Officer in the Public Safety Department on September 1, 2017; and

WHEREAS, the Morganton City Council wishes to officially recognize the contributions of William Shane Fulp and express their appreciation for a job well done.

NOW, THEREFORE, BE IT RESOLVED by the City of Morganton that the Mayor presents this Resolution to William Shane Fulp.

Adopted this the 11th day of September, 2017.

 

Wakefield recieves 30-Year Service Pin!

Councilman Sidney Simmons presented a 30-Year Service Pin to David Wakefield. David started working for the City Sept. 1, 1987, and currently serves as a Senior Plant Operator at the Wastewater Treatment Plant.

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Councilman Sidney Simmons, right, presents a 30-Year Service pin to David Wakefield, Senior Plant Operator at the Wastewater Treatment Plant, Monday night, Sept. 11, 2017.

 

Water Resources receives optimization award

The Water Resources Department again received recognition for providing clean, clear water to City customers. Don Price, NCDEQ Asheville Regional Office, presented a certificate of facility optimization to Water Resources Director Brad Boris for the outstanding effort of the Water Treatment Plant staff to remove turbidity from the City water. This award is given each year to water systems that demonstrate outstanding turbidity removal. Turbidity is a key measure of material in water that interferes with disinfection and can allow for bacterial growth. 

This is the third consecutive year (eighth overall) the plant received the award. Boris said he was appreciative of the recognition and praised the Water Treatment Plant staff's hard work.

"The water treatment plant staff works hard each day to provide our customers with the best drinking water possible," Boris said. "Seeing them be recognized for their efforts makes me very proud."

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Don Price, NCDEQ Asheville Regional Office, right, presents a certificate of facility optimization to Water Resources Director Brad Boris during the Council meeting Monday, Sept. 11, 2017.

 

Mayor proclaims September 2017 as National Recovery Month in Morganton

Mayor Ronnie Thompson proclaimed September 2017 as National Recovery Month in Morganton.

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Councilman Forrest Fleming, left, presents the National Recover Month Proclamation to Kim James, Burke Recovery, center, and Burke County Sheriff Steve Whisnant, right, during the City Council meeting Monday night, Sept. 11, 2017.

 

Mayor proclaims Sept. 17-23, 2017, as Constitution Week

Mayor Ronnie Thompson proclaimed Sept. 17-23 as Constitution Week in Morganton and presented the proclamation to members of the Daughters of the American Revolution.

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Mayor Ronnie Thompson, right, presents the Constitution Week Proclamation 2017 to Louisa Emmons, DAR Regent, center, and Alice Ayres, DAR Constitution Week Chairperson, left, Monday night during the City Council meeting.

Constitution Week 2017
A proclamation

WHEREAS, September 17, 2017, marks the two hundred thirtieth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and

WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and

WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week,

NOW THEREFORE, I, Ronnie Thompson, by virtue of the authority vested in me as Mayor of the City of Morganton do hereby proclaim the week of September 17 through 23 as

CONSTITUTION WEEK

AND ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the City of Morganton on this twelfth day of September in the year of our Lord two thousand and seventeen.

Ronnie Thompson, Mayor

 

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Agenda

 

REGULAR MEETING
CITY COUNCIL
September 11, 2017 

Ronnie Thompson, Mayor 
John H. Cantrell )
Forrest A. Fleming ) Councilmen
Sidney Simmons )
Vacant Seat )

Sally W. Sandy, City Manager 
Louis E. Vinay, Jr., City Attorney

Becky Brinkley, Interpreter

I. Call to Order in the Council Chamber at City Hall at 6:00 p.m.

II. Public Comment – 6:00 - 6:15 p.m.

Anyone wishing to speak during this time must sign in with the Clerk before the meeting begins, and upon being called will have 3 minutes to address the Council.

III. Business of the Council begins at 6:15 p.m.

IV. Pledge of Allegiance to the Flag

V. Invocation to be Given by Pastor Wayne A. Johnson, Sr., Shiloh A.M.E. Church

VI. Introduction of Council

VII. Retiree Resolutions

• William Shane Fulp, Public Safety, Public Safety Officer

VIII. Service Pins

• David Wakefield, Water Resources, Sr. Plant Operator, 30 years

IX. Public Advocacy Issues and Strategies

a. Upcoming events:
• CoMMA: BackPorch Series, The Moore Brothers Band, September 14, 7:00 p.m., Dirty Dancing Movie, September 21, 7:00 p.m., Off the Wall, September 23, 7:00 p.m., So Good for the SOUL, September 30, 7:30 p.m.
• Farmer’s Markets: Saturdays behind the Old Depot, Wednesdays on North Green Street
• Historic Morganton Festival Recap
• Litter Sweep North Carolina, September 16-30, Biannual Clean-up Drive sponsored by NCDOT, Volunteer locally via NCDOT website www.ncdot.gov/~littersweep

b. Award: 2016 North Carolina Area Wide Optimization Program Award, Given by: Don Price, Asheville Regional Office – NCDEQ, Accepted by: Brad Boris, Director of Water Resources

c. Proclamation: National Recovery Month 2017, Accepted by: Kim James, Burke County Health Department and Sheriff Steve Whisnant

d. Proclamation: Constitution Week 2017, Accepted by: DAR Regent Louisa Emmons, DAR Constitution Week Chairperson Alice Ayers, and DAR Club Media Chairperson Katrina Avery

X. North Carolina Municipal Power Agency Number 1 Update

XI. Consent Agenda – All items 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 the consent agenda and considered under Item XI.

A. Approval of Minutes – For a Regular Meeting and for a Closed Session held on August 7, 2017.

RECOMMENDED ACTION: Approve minutes as submitted.

B. Consideration of Tax Releases in the Amount of $1,089.22

RECOMMENDED ACTION: Approve tax releases in the amount of $1,089.22. 

C. Consideration of Award of Contract for the Glen Alpine Pump Station Project

RECOMMENDED ACTION: Award a contract to Buchanan Pump for the Glen Alpine Pump Station upgrade project in the amount of $47,056.

D. Consideration of Award of Contract for the Silver Creek Outfall Sewer Line Inspection

RECOMMENDED ACTION: Award contract to Compliance Envirosystems LLC for the inspection of approximately 15,077 LF of Silver Creek outfall sewer line in the amount of $40,530.50

E. Consideration of Approving a Policy Regarding Street Resurfacing of City Streets

RECOMMENDED ACTION: Approve a Policy Regarding Resurfacing of City Streets.

F. Consideration of Purchase of a New Single Axle Dump Truck and 4WD Crew Cab Pickup Truck and to Award Financing / Wastewater

RECOMMENDED ACTION: Approve the purchase of a new single axle dump truck and 4WD crew cab pickup truck from Everett Chevrolet, Buick, GMC.

Award financing of $150,000 to BB&T at an interest rate of 2.19% for a period of three years.

G. Consideration of Memorandum of Agreement (“MOA”) for Duke Energy Funding Support of Public Recreation Facilities — Catawba-Wateree Hydroelectric Project No. 2232

RECOMMENDED ACTION: Sign the Memorandum of Agreement for Duke Energy Funding Support of Public Recreation Facilities — Catawba-Wateree Hydroelectric Project No. 2232 and to accept the Specific and General Conditions outlined in the MOA if any portion of the subject funding is used to construct public recreation facilities for the Weir Take Out.

XII. Items Removed from Consent Agenda

XIII. New Business

1. Consideration of Entering into a CDBG Small Business Loan Agreement with Giggles N’ Grins 3 Child Care & Learning Center for the Purpose of Opening an Independently Owned Child Care Center in Morganton

2. Consideration of Entering into a Main Street Small Business Loan Agreement / Corey Totten

3. Consideration of Amendments to Chapter 10 of Part 8 of Code of Ordinances Regarding Conduct in Parks and Recreation Facilities

XIV. Other Items from City Manager and City Council Not on Agenda

XV. Reports

XVI. Adjournment

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Minutes

 

MINUTES
REGULAR MEETING
CITY COUNCIL

September 11, 2017

Ronnie Thompson, Mayor 
John H. Cantrell )
Forrest A. Fleming ) Councilmen
Sidney Simmons )
Vacant Seat )

Sally W. Sandy, City Manager 
Louis E. Vinay, Jr., City Attorney

Becky Brinkley, Interpreter 

I. The Meeting was called to order in the Council Chamber at City Hall at 6:00 p.m. by Mayor Thompson.

II. Public Comment – The Mayor stated the guidelines for public comment and said speakers were to be called in order of sign-up.

No speakers were signed up so the Mayor recessed the meeting at 6:01 p.m.

III. Business of the Council – The Mayor reconvened the meeting at 6:15 p.m.

IV. Pledge of Allegiance – Councilman Fleming led the recitation of the Pledge of Allegiance to the Flag.

V. Invocation – The invocation was given by Pastor Wayne A. Johnson, Sr., Shiloh A.M.E. Church.

VI. Introduction of Council – The Mayor introduced the Council and staff.

VII. Retiree Resolutions – The Mayor read a resolution honoring retiree William Shane Fulp who retired from the Public Safety Department as a Public Safety Officer on September 1, 2017 after 9 years’ service.

Upon motion by Councilman Fleming, seconded by Councilman Simmons, and carried unanimously, the Council adopted the Resolution #17-32 honoring William Shane Fulp.

a. Consideration of Award of Service Weapon and Fire Services Helmet

Historically, the City has followed the North Carolina General Statutes and awarded a retiring member with their service weapon along with their fire services helmet. This has been done by the Council declaring the particular items as surplus and then allowing someone to purchase the weapon for the officer for a fee of one dollar.

PSO Fulp has complied with the North Carolina General Statutes in regard to obtaining a valid gun permit for the weapon. City staff recommends that his weapon, Glock 40 caliber, Serial Number XHY528, Model #22 GEN4 and fire helmet, Cairns 1044, Serial Number 1024777956, be declared surplus, sold for one dollar, and presented to retired PSO Fulp.

Upon motion by Councilman Cantrell, seconded by Councilman Simmons, and carried unanimously, the Council declared as surplus a Glock 40 caliber, Serial Number XHY528, Model #22 GEN4, and a Cairns 1044, Serial Number 1024777956 fire helmet, and sold for one dollar (paid by the City Manager), which was then presented, by Chief Ronnie Rector, to retired Public Safety Officer Fulp.

VIII. Service Pin – The Personnel Committee and City staff have decided to recognize long-term employees for years of service at a Council meeting.

The Council honored David Wakefield, Sr. Plant Operator with the Water Resources Department, with a 30 year service pin.

IX. Public Advocacy Issues and Strategies

a. The Mayor announced the following upcoming events at CoMMA: The Moore Brothers Band, September 14; Dirty Dancing Movie, September 21; Off the Wall, September 23; So Good for the SOUL, September 30. The Mayor stated that the Farmer’s Markets continue on Saturdays behind the Old Depot and Wednesdays on North Green Street. The Mayor also announced “Litter Sweep North Carolina” the Biannual Clean-up Drive sponsored by NCDOT to be held September 16-30.

Sharon Jablonski gave a brief update of the past weekend’s annual Historic Morganton Festival. She stated the Festival did exactly what it was designed to do; bring people to town, show them what downtown has to offer, and to offer the opportunity for local churches, service organizations, and non-profit groups to raise funds. These funds go directly back into our community. Sharon thanked the volunteers for helping keep the weekend running smoothly, as well as the many employees who worked throughout the weekend.

b. Award: 2016 North Carolina Area Wide Optimization Program Award - Don Price, Asheville Regional Office with NCDEQ, offered a few words on the value of water. Mr. Price shared cost comparisons between cable television, cell-phone service, gasoline, and water with water being the best bargain. Mr. Price stressed the importance of having clean drinking water. He stated this was the 8th year, and 3rd consecutive year, the City received this award. He then congratulated the City of Morganton Water Resources Department for continued efforts to give its citizens safe water. Brad Boris, Director of Water Resources accepted the award on behalf of his Department and the City.

c. Proclamation: National Recovery Month 2017 – The Mayor read the proclamation. Councilman Fleming presented the proclamation to Kim James of Burke Recovery, and Sheriff Steve Whisnant.

Upon motion by Councilman Cantrell, seconded by Councilman Simmons, and carried unanimously, the Council proclaimed September as National Recovery Month in Morganton.

Ms. James stated there would beseveral upcoming events in celebration of National Recovery Month. The first event is the upcoming Saturday with a “Rally for Recovery”, another is a Community Forum at FHEC.

Sheriff Whisnant thanked the Council for passing this resolution and joining other communities in support of reducing substance abuse.

d. Proclamation: Constitution Week 2017 – The Mayor read a proclamation and presented it to DAR Regent Louisa Emmons, DAR Constitution Week Chairperson Alice Ayers, and DAR Club Media Chairperson Katrina Avery.

DAR Regent Louisa Emmons stated the DAR was marking the 230th anniversary of the signing of the Constitution with Constitution Week, promoting the patriotic objectives of our society. She stated that President Eisenhower first declared Constitution week in 1956.

e. Legion Ladies Fast Pitch program update: The Mayor invited Mike Hasson to present an update on the Legion Fast Pitch Softball team. Hasson stated this team is the first Women’s Legion Fast Pitch team in the State. Hasson then gave a brief update of the team’s season.

f. The Mayor stated that September 25 is Family Day from 4:00-7:00 p.m. at Catawba Meadows sponsored by the Burke County Health Department.

X. North Carolina Municipal Power Agency Number 1 Update – The City Manager asked everyone to remember those in Texas, Florida, and Georgia, struggling in the aftermath of the recent hurricanes. She stated the crews were ready to work tonight if the weather in Morganton got worse. She also stated that crews were ready to be deployed to help in other communities when requested.

XI. Consent Agenda – The City Manager presented the consent agenda and asked if any items should be removed. The Mayor requested that Item E be removed for discussion.

Upon motion by Mayor Thompson, seconded by Councilman Simmons and carried unanimously the Council approved the Consent Agenda with the exception of Item E.

A. Minutes – Approved minutes for a Regular Meeting and for a Closed Session held on August 7, 2017.

B. Tax Releases – Approved tax releases in the amount of $1,089.22.

C. Award of Contract for the Glen Alpine Pump Station Project – Awarded a contract to Buchanan Pump for the Glen Alpine Pump Station upgrade project in the amount of $47,056.

D. Award of Contract for the Silver Creek Outfall Sewer Line Inspection – Awarded contract to Compliance Envirosystems LLC for the inspection of approximately 15,077 LF of Silver Creek outfall sewer line in the amount of $40,530.50

E. This item was removed for further discussion. Policy Regarding Street Resurfacing of City Streets

F. Purchase of a New Single Axle Dump Truck and 4WD Crew Cab Pickup Truck and to Award Financing / Wastewater – Approved the purchase of a new single axle dump truck and 4WD crew cab pickup truck from Everett Chevrolet, Buick, GMC.

Awarded financing of $150,000 to BB&T at an interest rate of 2.19% for a period of three years. (Resolution #17-31)

G. Memorandum of Agreement (“MOA”) for Duke Energy Funding Support of Public Recreation Facilities — Catawba-Wateree Hydroelectric Project No. 2232 - Approved signing the Memorandum of Agreement for Duke Energy Funding Support of Public Recreation Facilities — Catawba-Wateree Hydroelectric Project No. 2232 and to accept the Specific and General Conditions outlined in the MOA if any portion of the subject funding is used to construct public recreation facilities for the Weir Take Out.

H. Items Removed from Consent Agenda – Item E: Policy Regarding Street Resurfacing of City Streets, was removed for discussion. The Mayor asked the City Manager to explain on what criteria were resurfacing projects decided. The City Manager gave a brief overview of the rating system used for yearly maintenance. She stated this particular policy focuses on streets that are damaged due to utility work in the street.

Mayor Thompson made a motion, seconded by Councilman Cantrell, and carried unanimously, the Council approved a Policy Regarding Resurfacing of City Streets after Utility Repairs.

XII. New Business

1. Consideration of Entering into a CDBG Small Business Loan Agreement with Giggles N’ Grins 3 Child Care & Learning Center for the Purpose of Opening an Independently Owned Child Care Center in Morganton

The City Manager stated that John Gantt & wife Amber Bernard-Gantt are the owners of Giggles N’ Grins 3 Child Care & Learning Center. They have requested CDBG small business loan funds in the amount of $30,000 to assist in the purchase of class room supplies, start-up working capital and up fit of the new daycare center. Giggles N’ Grins 3 will provide child care for children infant through pre-school. Amber has worked in the child care industry as Co-Director of Giggles N’ Grins 1 (Drexel) & Giggles N’ Grins 2 (Valdese) which are owned by her mother. Giggles N’ Grins 3 will be operated completely independent from the other child care facilities. A recent market study shows that a child care center is needed in Morganton. This new facility will be located at 525 Hopewell Road, Morganton.

The Gantts will both personally guarantee the loan. This loan will be for a term of 9 years, with the customary provision that if all payments are timely made for 4 ½ years, the remaining one-half of the principal balance will be forgiven.

The City has set aside CDBG Funds for the purpose of encouraging small businesses that meet HUD hiring guidelines as well as City of Morganton Mission 2030 goals. Entrepreneurial development and tourism enhancement were each identified as essential Mission 2030 goals for economic development. This business loan is being recommended by the staff to promote these goals.

Upon motion by Councilman Cantrell, seconded by Councilman Simmons, and carried unanimously, the Council approved entering into a $30,000 CDBG Loan Agreement with Giggles N’ Grins 3 Child Care & Learning Center, LLC, for the purpose of purchasing class room supplies, start-up working capital and up fit of the new daycare center located at 525 Hopewell Road.

2. Consideration of Entering into a Main Street Small Business Loan Agreement / Corey Totten

The City Manager stated that in 2010 the Morganton Main Street Program received a grant from North Carolina Main Street Solutions Fund in the amount of $214,255 for the purpose of funding a revolving loan program. The initial loans funded 8 businesses and once funds were repaid, 3 additional loans were made.

At this time the revolving loan fund has a balance of $8,092.21. Corey Totten has requested a loan in the amount of $5,000 to assist her with renovations to the building and initial investment for products and furniture for her salon at 106 N. Sterling Street, formally Vivian's Sewing Shop. Ms. Totten has been a hair stylist in downtown for 10 years and has a loyal and strong client base. Mr. Ben Belton, property owner, has agreed to a 5-year lease, which is the life of the loan. She has further agreed to complete renovations and be open within 60 days from the loan date.

Ms. Totten will put up her car as collateral. The car, a 2005 Buick LeSabre, is paid for and has a Kelly Blue Book value of $4500.

Upon motion by Councilman Cantrell, seconded by Councilman Fleming, and carried unanimously, the Council approved a loan in the amount of $5,000.00 to Corey Totten.

3. Consideration of Amendments to Chapter 10 of Part 8 of Code of Ordinances Regarding Conduct in Parks and Recreation Facilities

The City Attorney stated the City has contracted for the design and construction of a skatepark, to be located on the City’s property on North King Street. Article 3 of Chapter 99E of the North Carolina General Statutes provides that governmental entities which own or operate skateparks are relieved of liability for personal injury or property damage to those who ride skateboards in such parks, if the government has adopted an ordinance requiring such riders to wear helmet, elbow pads and knee pads, and has properly posted notice of such requirements at the facility. While the City certainly hopes and expects that all persons will use the park safely and without injury, accidents may well happen. The skatepark will not be personally supervised by City employees on a regular basis, and the statute is intended to protect municipalities against liability in just such circumstances.

The appropriate place for such an ordinance in the City’s Code is within Part 8, Chapter 10, currently titled “Nuisances Relating to Parks and Other Recreational Areas”. The matters dealt with in that Chapter extend beyond “nuisances”, and a more appropriate title would be “Conduct and Nuisances in Parks and Other Recreational Areas”.

Within Chapter 10, Section 8-10010 should be amended to update and clarify rules concerning alcohol and tobacco use, and obedience to posted rules and regulations. A new Section 8-10011 will contain those rules concerning animals in parks and recreation centers. The new skatepark safety gear rules would be a new Section 8-10012.

The City Attorney, City Manager and Recreation Director all join in requesting City Council to adopt an appropriate ordinance to insulate the City against liability at the skatepark to the extent possible, and to update and clarify our ordinances regulating conduct at Parks and Recreation facilities.

Upon motion by Councilman Fleming, seconded by Councilman Cantrell, and carried unanimously, the Council approved deleting Chapter 10 of Part 8 of the Code of Ordinances, and replacing it with a new Chapter 10 to be titled “Conduct and Nuisances in Parks and Other Recreational Areas”, to update and clarify rules of conduct within Park and Recreation facilities, including requirements for safety gear in any skatepark operated by the City. (Ordinance #17-44)

XIII. Other Items from City Manager and City Council Not on Agenda – There were no other items presented. 

XIV. Reports – Reports were distributed for information.

XV. Adjournment – The meeting was adjourned at 7:03 p.m. 

Preparation of Minutes. These minutes were prepared by Mikela D. Russell, Assistant City Clerk. Copies of all resolutions, ordinances and orders referenced in these minutes are intended to be incorporated into these minutes as if fully set forth herein. Prior to 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 a subsequent Council Meeting.

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