Morganton City Council meetings are broadcast live on CoMPAS Ch. 2 and streamed live online via the city's USTREAM i ustream. The Council meets at Morganton City Hall located at 305 E. Union St. Suite A100, Morganton, NC .

 

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Video

Watch more City of Morganton videos @ www.youtube.com/user/cityofmorgantonnc .

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Photos 

Cub Scout Pack 199 leads Pledge of Allegiance

Cub Scout Pack 199 led the Pledge of Allegiance during the March 6, 2017, City Council meeting. The pack also met Morganton Mayor Ronnie Thompson. 

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From left, Corbin Chase, Lawson Biggerstaff, Pack Leader Richard Smith, Jackson Smith, Mayor Ronnie Thompson, Max Taylor, Wilson Cates, Alex Burrell, and Michael Cates.

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Mayor Proclaims National Breakfast Week

Morganton Mayor Ronnie Thompson proclaimed March 6-10, 2017, to be National School Breakfast Week in Morganton during the City Council meeting Monday, March 6. Mayor Thompson presented the proclamation to Christa Turski, Marketing Specialist with Chartwells K12.

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Agenda

REGULAR MEETING
CITY COUNCIL
March 6, 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 – Led by Cub Scout Pack #199 / Richard Smith, Pack Leader

V. Invocation to be Given by the Rev. Dr. Wanda S. Neely, Interim Pastor, First Presbyterian Church

VI. Introduction of Council

VII. Retiree Resolutions

  • Art Helms, IRMS, Network Administrator

VIII. Public Advocacy Issues and Strategies

a. Upcoming events:

  • CoMMA:
    • Cinderella, Thursday, March 9, 7:30 p.m.
    • The High Kings, Thursday, March 16, 7:30 p.m.
    • Nelson Illusions, Thursday, March 23, 7:30 p.m.
  • Downtown: Chili cook-off, Thursday, March 9, 11-1, Morganton Recreation Department

IX. North Carolina Municipal Power Agency Number 1 Update

X. 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 held on February 6, 2017.

RECOMMENDED ACTION: Approve minutes as submitted.

B. Consideration of Tax Releases in the Amount of $1,644.75

RECOMMENDED ACTION: Approve tax releases in the amount of $1,644.75.

C. Consideration of a Budget Amendment / Public Safety

RECOMMENDED ACTION: Approve a budget ordinance in the amount of $1,300 to appropriate the receipt of funds from an insurance claim and to appropriate funds for the repair of the fire station bay.

D. Consideration of a Budget Amendment / Community House

RECOMMENDED ACTION: Approve a budget ordinance in the amount of $228,750 to appropriate the transfer of funds (donations) from the Community House project to repay the Capital Reserve fund.

E. Consideration of Scheduled Annual Approval of Standard Specifications for Water Lines, of Standard Specifications for Sewer Lines, of Erosion Control Specifications for Water and Sewer Line Construction and of Water and Sewer Material Specifications

RECOMMENDED ACTION: Reauthorize and reapprove the Standard Specifications.

F. Consideration of Participation in the 2017-2018 Urban Archery Season

RECOMMENDED ACTION: approve an Urban Archery Season for 2017-2018 in accordance with the regulations established by the North Carolina Wildlife Resources Commission and to authorize the City to submit a Letter of Intent to participate in the season.

XI. Items Removed from Consent Agenda

XII. New Business

A. Public Hearings and Actions

1. Public Hearing to Consider Permanently Closing a Portion of Alphabet Lane

B. Other Business

1. Consideration of Authorization of a Resolution to Apply for a Building Reuse Grant from the North Carolina Department of Commerce Rural Economic Development Division / Project Seating

2. Consideration of Entering into a CDBG Small Business Loan Agreement with Overmountain Cycles for the Purpose of Opening an Independently Owned Bicycle Shop in the Central Business District of Morganton

3. Consideration of Award of Contract for Engineering Services for the Wastewater Process Conversion Project and an Amendment to Reimbursement Resolution #15-24

4. Consideration of Fixed Route Transportation Project and Budget Amendment / Legislative

5. Consideration of Award of Contract for Design and Construction of the Skatepark and Budget Amendment

6. Consideration of Award of Contract for Recreation Masterplan and Corresponding Budget Amendment

7. Consideration of Award of Contract for Downtown Masterplan

8. Consideration of Declaration of Surplus and Transfer of Property / Burke County Schools

9. Consideration of Declaration of Surplus and Advertising / Lenoir Street

10. Consideration of Boards and Commissions

a. Morganton Housing Authority
b. Fireman’s Relief Fund Board

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

XIV. Reports

XV. Adjournment

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Minutes

MINUTES
REGULAR MEETING
CITY COUNCIL

March 6, 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.

Robert Patton, Table Rock District Chairman of the Boy Scouts of America Piedmont Council introduced Eric Carpenter as the new District Executive for Table Rock and Swamp Fox (Burke and McDowell Counties). Carpenter stated he was a life-long Scout and looked forward to serving in the community.

No other speakers were signed up so the Mayor recessed the meeting at 6:03 p.m.

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

IV. Pledge of Allegiance – Cub Scout Pack #199, along with Pack Leader Richard Smith, led the recitation of the Pledge of Allegiance.

V. Invocation – The invocation was given by Rev. Dr. Wanda S. Neely, Interim Pastor, First Presbyterian Church.

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

VII. Retiree Resolutions – The Mayor read the following resolution:

Art Helms retired from the Information Resource Management Systems Department as a Network Administrator on March 1, 2017 after 28 years’ four months’ service. Art was unable to attend the meeting.

Upon motion by Councilman Cantrell, seconded by Councilman Simmons, and carried unanimously, the Council adopted the Resolution #17-10 honoring Art Helms.
VIII. Public Advocacy Issues and Strategies – The Mayor asked Sharon Jablonski, Main Street Director, to give an update of the Community House renovation. Because of the current state of construction, no-one is allowed in the building. Jablonski stated that pictures of the interior would be up soon on the City website for viewing. She stated they uncovered a barrel ceiling in the lobby which was original in 1935. Jablonski stated that WC Construction has been doing a beautiful job. Jablonski stated that despite not hosting events in the building, the staff was still very busy; they catered to 1,600 people in February using various spaces around town including: First Methodist Church, CoMMA, Calvary Lutheran Church and the Collett Street Recreation Center. She stated the kitchen is sealed off but still very usable.

The Mayor announced the following upcoming events at CoMMA: Cinderella, March 9, The High Kings, March 16, and Nelson Illusions, March 23. Also the Annual Downtown Chili Cook-off will be held March 9, at the Morganton Recreation Department.

The Mayor announced that applications for the Human Relations Commission’s 2017 Citizen of the Year Award are being accepted. Nomination forms can be found on the City website.

The Mayor read a proclamation calling for National School Breakfast Week to be recognized in Morganton. Christa Turski, Marketing Specialist for Chartwell K12, which serves Burke County Public Schools, accepted the resolution. Ms. Turski stated school breakfast is an important part of students’ day. There are over 3,500 breakfasts served each day in Burke County Schools. As part of “Breakfast Week”, Mayor Thompson was scheduled to have breakfast with students at Walter Johnson Middle School.

Upon motion by Councilman Fleming, seconded by Councilman Cantrell, and carried unanimously, the Council approved the proclamation calling for National School Breakfast Week in Morganton.

IX. North Carolina Municipal Power Agency Number 1 Update – The Manager stated the Rate Committee is meeting and should send updated rates in the next month or so.

X. Consent Agenda – The City Manager presented the Consent Agenda and asked if any items should be removed. No request was made.

Upon motion by Councilman Simmons, seconded by Councilman Cantrell, and unanimously carried, the Consent Agenda was approved and each individual item adopted as stated, these being as follows:

A. Approved Minutes of a Regular Meeting held on February 6, 2017.

B. Approved Tax Releases in the amount of $1,644.75

C. Approved a budget ordinance (Ord. #17-11) in the amount of $1,300 to appropriate the receipt of funds from an insurance claim and to appropriate funds for the repair of the fire station bay.
D. Approved a budget ordinance (Ord. #17-12) in the amount of $228,750 to appropriate the transfer of funds (donations) from the Community House project to repay the Capital Reserve fund.

E. Reauthorized and reapproved the Standard Specifications for Water Lines, of Standard Specifications for Sewer Lines, of Erosion Control Specifications for Water and Sewer Line Construction and of Water and Sewer Material Specifications

F. Approved an Urban Archery Season for 2017-2018 in accordance with the regulations established by the North Carolina Wildlife Resources Commission and authorizes the City to submit a Letter of Intent to participate in the season.

XI. Items Removed from Consent Agenda – There were no items removed.

XII. New Business

A. Public Hearings and Actions

1. Public Hearing to Consider Permanently Closing a Portion of Alphabet Lane

The Mayor opened the public hearing at 6:29 p.m.

The City Attorney stated that the Burke County Board of Education, in close cooperation with City staff, has developed plans to build a large new elementary school at the site of the now-demolished Mountain View Elementary. The plan will require the Board of Education to acquire from the City a vacant tract of about 2.5 acres located between the current Alphabet Lane and the tennis courts and parking lot of Mountain View Recreation center. The new construction will be on top of that portion of Alphabet Lane running in front of the old school site between Bouchelle Street and the point where the driveway extends to the Aquatic Center. The remainder of Alphabet Lane, extending past the electric sub-stations down to Sanford Drive, would not be affected.

City staff strongly recommends that the City Council consider acting to close this portion of street, and abandon the City’s right-of-way so that the Board of Education (which will be owner of all land on both sides of the street to be closed) will become owner in fee simple of the land across which this street now runs.

The public hearing was called for at the Council’s February 6, 2017 meeting, and notice of the hearing was advertised in the News-Herald, and posted on the City website.

There being no public comment, the Mayor closed the public hearing at 6:31 p.m.

Upon motion by Councilman Cantrell, seconded by Councilman Simmons, and carried unanimously, the Council adopted and approved Ordinance #17-10 closing that portion of Alphabet Lane between Bouchelle Street and the drive extending to the Aquatic Center, and abandoning said portion of street so that ownership of the land it traverses shall pass to the owners of the property on either side of the street.

B. Other Business

1. Consideration of Authorization of a Resolution to Apply for a Building Reuse Grant from the North Carolina Department of Commerce Rural Economic Development Division / Project Seating

The City Manager stated that in December, the Council authorized a building reuse grant application for Project Seating for $320,000. Since that time, the project scope has changed. The job creation has changed from 32 new jobs to 40 new jobs. The property investment and the equipment purchase is approximately $1.8 million. Renovations to the vacant building are estimated at $1,536,000. Therefore, the grant amount can be increased to $500,000.

The grant request is for $500,000 and requires a 5% local match if approved. The City and Burke County will share equally in the grant match pending approval of the grant request by the NC Department of Commerce Rural Economic Development Division.

Upon motion by Councilman Fleming, seconded by Councilman Cantrell, and carried unanimously, the Council approved Resolution #17-11 authorizing the City of Morganton to make application to the NC Department of Commerce Rural Economic Development Division Building Reuse Grants program for Project Seating.

2. Consideration of Entering into a CDBG Small Business Loan Agreement with Overmountain Cycles for the Purpose of Opening an Independently Owned Bicycle Shop in the Central Business District of Morganton

The City Manager stated that Michael Lowther is the owner of Overmountain Cycles. He has requested CDBG small business loan funds in the amount of $15,000 to assist in the purchase of inventory for the new store. Overmountain Cycles will be a full service bicycle shop located on North Green Street next to Fonta Flora Brewery. The shop will sell bicycles, accessories and apparel as well as provide full bicycle mechanic service. They will offer tours, rentals, bike fittings and consultations for bicycle builds. Mr. Lowther has completed bicycle mechanic training and will be servicing the bicycles himself. With the store being located in a very visible, high traffic area, he hopes to capitalize on the large number of state trails located in Burke County and the upcoming redevelopment of the state property surrounding Broughton Hospital.

The City has set aside CDBG Funds for the purpose of encouraging small businesses that meet both HUD hiring guidelines as well as City of Morganton Mission 2030 goals. Entrepreneurial development, Downtown Revitalization 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.

Councilman Cantrell questioned whether the shop was on North Green or South Sterling. The City Manager clarified that it was indeed on North Green Street.

Councilman Simmons questioned if there was a guarantor for the loan. The City Manager stated that Mr. Lowther’s father was the guarantor.

Upon motion by Councilman Fleming, seconded by Councilman Simmons, and carried unanimously, the Council approved entering into a $15,000 CDBG Loan Agreement with Overmountain Cycles for the purpose of purchasing inventory for a new bicycle shop located on North Green Street.

3. Consideration of Award of Contract for Engineering Services for the Wastewater Process Conversion Project and an Amendment to Reimbursement Resolution #15-24

The City Manager stated that in the spring of 2015, City Council authorized an interim solution to be implemented for addressing the inoperable Pure Oxygen system at the wastewater treatment plant. Concurrently, a Process Conversion Study was performed to evaluate alternatives and improvements.

Findings and recommendations from this study were presented to City staff and City Council and it was decided to move forward with improvements consisting of the following major components.

• Two new aeration basins
• New aeration splitter box and secondary clarifier splitter box
• Repairs to secondary clarifiers
• New building to house aeration blowers, electrical gear, and chemical storage / feed facilities.
• Improvements to RAS/WAS pumping equipment
• Improvements to flow equalization facilities

The design for the proposed improvements began in the fall of 2015 and has been recently submitted to the State for permitting.

The next phase of the project is bidding & construction. Engineering services are as follows:

• Bid Phase – Formal Bidding Process, Pre-Bid, Contractor Coordination, Distribution of Documents, etc.

• General Representation – Pre-Construction Meeting, Submittal Review and Tracking, Review of Pay Requests, Schedules, Monthly Reporting, Monthly Visits with Meetings, Contractor Coordination, Change Order and Contract Modification Coordination, Final Inspection, Startup Coordination and Record Drawings

• Resident Representation – The engineer firm will have an inspector on-site at all times (45 hours per week) for the duration of the project (18 months). The rep will conduct daily inspections, coordination with the Contractor, Engineer and Plant Operations. He will prepare daily construction reports and coordinate all activities on site.

The breakdown of the proposed fee is as follows: Bid Phase - $24,300; General Rep - $192,400; and Resident Rep - $351,500

A task authorization was received from our wastewater plant engineering firm, Freese & Nichols, for services related to the process conversion project bidding and construction at a cost of $568,200.

In order to allow us to reimburse ourselves the engineering fees from the borrowing to occur later in 2017 for this project, we must amend our original Reimbursement Resolution #15-24.

Councilman Fleming asked on which phase of the project were they were currently working. City Water Resources Director Brad Boris stated this is Phase 1 – design, and they are getting ready to start Phase 2, which is construction.

The City Manager stated Staff hopes to award bids in May and be on the LGC calendar beginning of June.

Councilman Fleming stated we have been working at the waste treatment plant for a few years. He asked how much more work is needed to bring the plant up to standard.

Boris stated it’s impossible to tell because something may fail. Wastewater treatment plants are usually designed to last for 40-50 years. Many parts of the City plant have been in place since the 1970s and are ending their useful life. Boris stated that once this project is completed the City will hopefully have about 15-20 years before major problems occur. Boris stated that keeping up a maintenance cycle is a continuous project but will help to ward off future problems.

The City Manager stated the original project (done by Special Order of Consent) was planned and constructed in anticipation of converting from pure oxygen later, so the City did not have to re-spend money again.

The Mayor asked if Freese & Nichols was ready to begin; Boris stated they were ready. Councilman Cantrell asked when the construction was slated to begin. Brad stated soon after the new budget season.

Upon motion by Councilman Cantrell, seconded by Councilman Fleming, and carried unanimously, the Council approved and authorized a task authorization from Freese & Nichols to complete the wastewater process conversion project bidding and construction phase for a fee in the amount of $568,200, and amended reimbursement Resolution #15-24 to allow for reimbursement of fees paid from the borrowing later in 2017.

4. Consideration of Fixed Route Transportation Project and Budget Amendment / Legislative

The City Manager stated that the Community Foundation of Burke County and the Western Piedmont Regional Transit Authority (Greenway Public Transportation) have organized and facilitated meetings over the past year to explore possible fixed route transportation in Burke County. There is now an effort to seek funding through grants, and public and private contributions from stakeholders.

This plan would be for fixed daily van routes between Morganton and Valdese. The Morganton loop would consist of 3 vehicles every 30 minutes during peak hours and 2 vehicles every 45 minutes during non-peak hours. The Valdese route would be 2 vehicles every hour. These routes would provide rider access to many major destinations.

Total cost would be $288,000 for the Morganton route and $230,400 for the Valdese route. Greenway currently has a Federal grant that would provide $259,200 (50%) funding for the project. The Community Foundation of Burke County has committed $30,000 in funding. The Community Foundation is seeking the remaining funds through grants and contributions from local governments, healthcare providers and business and industry.

A budget amendment in the amount of $14,000 to appropriate the receipt of funds rebated to the City through the State procurement card program would establish budget for the City’s contribution to the fixed route bus service project.

The Mayor asked when this might be implemented. The City Manager stated fall/winter of this year.

Upon motion by Councilman Fleming, seconded by Councilman Simmons, and carried unanimously, the Council approved a budget amendment (Ord. #17-14) in the amount of $14,000 to appropriate the receipt of funds rebated to the City through the State procurement card program, and to establish a budget for the City’s contribution to the fixed route bus service project.

5. Consideration of Award of Contract for Design and Construction of the Skatepark and Budget Amendment

The City Manager reminded Council that City staff and the skating community have been working together on a design concept for a new skatepark. The skatepark will be constructed on the lower field at Gene Turner Park behind Collett Street Recreation and the outdoor pool.

She stated that after reviewing concepts from several companies, City staff recommends a contract with Adira Construction (Pillar/Artisan) for the City of Morganton’s skatepark in the amount of $192,000. The new facility is being funded by the following partners: City of Morganton ($75,000), Morganton Parks and Recreation Foundation ($90,000), the Optimist Club ($15,000) and the Morganton Service League ($12,000).

A budget amendment in the amount of $12,000 would appropriate the receipt of funds from the Morganton Service League as well as the corresponding additional expenditure for the skatepark.

Councilman Fleming asked about use of the skatepark, would it be limited to City residents. City Recreation Director Rob Winkler stated it was be open to all residents in and out of the City. Fleming stated that the County was not participating in funding. Winkler stated that was a true statement. The City Manager stated that the park would be constructed in a way that could be added on to in phases.

Upon motion by Councilman Cantrell, seconded by Councilman Simmons, and carried unanimously, the Council awarded a contract with Adira Construction (Pillar/Artisan) for the City of Morganton Skatepark in the amount of $192,000.

Upon motion by Councilman Simmons, seconded by Councilman Fleming, and carried unanimously, the Council approved a budget amendment (Ord. #17-16) in the amount of $12,000 to appropriate the receipt of funds from the Morganton Service League as well as the corresponding additional expenditure from the skatepark.

6. Consideration of Award of Contract for Recreation Masterplan and Corresponding Budget Amendment

The City Manager stated that on Monday, February 27, 2017 the Council was able to see the Recreation Masterplan process as proposed by LandPlan Group South and Toole Design. City staff believes this team will do an awesome job in leading us and the community to develop a plan for recreation for the next 15 years.

Staff recommends contracting with LandPlan Group South and Toole Design for our Parks and Recreation Department Master Plan in the amount of $105,000.

The City Manager stated that investing in this masterplan is critical to the City’s ability to make good decisions and investments in recreation. To fully fund the planning process requires a budget amendment of $15,000 and a budget transfer of $20,000.

Upon motion by Councilman Fleming, seconded by Councilman Cantrell, and carried unanimously, the Council approved awarding a contract to LandPlan Group South and Toole Design for the Parks and Recreation Department Master Plan in the amount of $105,000.

Upon motion by Councilman Fleming, seconded by Councilman Simmons, and carried unanimously, the Council approved a budget amendment (Ord. #17-15) for $15,000 and a budget transfer of $20,000 for the Recreation Master Plan.

7. Consideration of Award of Contract for Downtown Masterplan

The City Manager stated that in December of 2016, The Main Street office sent out a Request for Qualifications, seeking a dynamic consulting firm and/or team to lead and facilitate visioning sessions with community and business leaders, elected leaders and staff members and to prepare an innovative, cutting edge, and comprehensive Downtown Masterplan. After receiving 10 proposals from qualified firms and after interviewing four, it was determined that the best fit for our community was Stantec out of Charlotte NC.

Stantec brings with them access to a vast pool of talented professionals from design, to planning, to engineering, and architects. Additionally, their team will be rounded out by Larisa Ortiz Associates a firm dedicated to commercial revitalization, including market analysis, community-based planning, retail and real estate advisory services and downtown development strategies; and Art Everywhere, LLC that specializes in planning, programming and community cultivation in the fields of arts and culture.

The process will last approximately 8 to 10 months and involve among other items, multiple public meetings and a week-long charrette. The total contract fee for these services is $234,000, which is within the amount budgeted for this process in fiscal year 2016/2017. Please recall that we received $96,107 from the State to help fund this planning process.

The Mayor asked the City Attorney to explain the meaning of “charrette”. The City Attorney stated that a charrette is public meeting or workshop for all stakeholders devoted to a concerted effort to solve a problem or plan the design of something.

Upon motion by Councilman Cantrell, seconded by Councilman Fleming, and carried unanimously, the Council approved the contract with Stantec in the amount of $234,000.

8. Consideration of Declaration of Surplus and Transfer of Property / Burke County Schools

The City Attorney stated that the Burke County Board of Education, with the County of Burke assisting with financing, is planning and preparing for construction of a large new elementary school at the site of the now-demolished Mountain View Elementary on Bouchelle Street. To carry out this project, the Board will need to acquire additional property now owned by the City of Morganton. The City owns three separate parcels adjoining or nearby, and the Board wishes to acquire portions of each one.

These parcels are:

1. Approximately 3.05 acres along Sanford Drive, extending from Bouchelle Street to the edge of the electric sub-stations on Alphabet Lane. The Board needs some 1.13 acres of this land, which would leave almost 2 acres to the City, across which will be constructed the new Greenway connecting downtown to Catawba Meadows Park. This parcel is mostly wooded, and the City has no plans for its use, other than the projected Greenway. Transfer of the 1.13 acre tract to the School Board would not hinder the Greenway project, and in fact coordination with the School would actually enhance it.

2. The large campus of Mountain View Recreation Center and Martin Luther King Park. The Board desires about 2.43 acres of this land, along the present Alphabet Lane between Bouchelle Street and the drive leading to the Aquatic Center. This is essentially the open field between the new parking lot and tennis courts on the southeast, and Alphabet Lane in front of the demolished school on the northwest. The School Board’s plans call for the new school, much larger than the old one, to be sited further to the southeast, so that the front of the building, and the bus parking lot, will cover the present section of Alphabet Lane, and extend into what is now the open field. The City has no other plans for use of this open field, which is truly essential to provide room for the new school at this site.

3. The land at the corner of Sanford Drive and Alphabet Lane, completely undeveloped and partly underneath Duke Power’s right-of-way, and along a branch/gully. The plans for the new school would use just the corner of this land closest to the intersection, about 1.23 acres, for a permanent stormwater retention pond. This land has no particular value or use for the City, and the site is perfect for a retention pond, given its low-lying topography and the lack of space for such pond anywhere else on the proposed school site.

In exchange for the above tracts, the School Board will convey to the City a tract of some 0.62 acre along Alphabet Lane, immediately adjoining the City’s property on which is located the Duke Power sub-station. This conveyance will enable the City to construct the Greenway from the point it crosses Alphabet Lane, to the remainder of the 3.05 acre parcel 1 described above, basically “wrapping around” the sub-station fence.

In further consideration for the 3 tracts, the School Board has agreed to pay the City $15,000. The tax valuation of the three properties the City would convey to the Board is considerably more than that. However, taking into account that the City will receive the 0.62 acre tract critical to the Greenway project, staff believes this is a very fair price. The City has historically sold land to the County or other public bodies for less than market value, where a significant public purpose and benefit is being served. In this case, the public benefit of this new school, and particularly at this location, is tremendous. The School Board fully recognizes the great advantages to both sides in joint use of the recreational and cultural opportunities which will be provided by the respective facilities at the school and at the Mountain View Recreation Center.

As part of the school construction project, the City will also need to grant to the Board an easement for a stormwater drain, connecting the lower portion of the school property with the planned stormwater retention pond on the tract at the corner of Sanford Drive and Alphabet Lane. This easement, 25 feet wide, will extend across a portion of the 3.05 acre tract along Sanford Drive which the City will retain, and across the City’s separate property on Alphabet Lane on which the electric sub-station is located.

In addition to all the above, the City and the Board will enter into a facility use agreement providing for mutual use or cross-use of the facilities of the new school by the City, and of Mountain View Recreation Center, the Aquatic Center and Martin Luther King, Jr. Park by the schools.

For purposes of financing, the School Board would convey all of the subject property to the County of Burke.

Under General Statutes 160A-274, the City may “upon such terms and conditions as it deems wise, with or without consideration”, sell or exchange property with any other governmental unit such as a school board. No public hearing, nor any advertisement for bids, is required.

Therefore, City staff strongly recommends that the three described tracts be declared as surplus property, and that the Council approve the property exchanges with the Board of Education detailed above.

Councilman Cantrell stated this was a good deal. He then asked if the schools would be using City electric. The City Manager stated yes, and there are many other benefits to the City including signaling at Bouchelle Street where citizens can cross Sanford Drive to the Greenway.

Upon motion by Councilman Cantrell, seconded by Councilman Simmons, and carried unanimously, the Council approved Resolution #17-12 declaring as surplus certain real property located on Sanford Drive or Alphabet Lane, consisting of one tract of 1.13 acres, one tract of 2.43 acres and one tract of 1.23 acres.

Upon motion by Councilman Cantrell, seconded by Councilman Simmons, and carried unanimously, the Council approved the sale of three described tracts of surplus real property to the Burke County Board of Education, in exchange for payment of $15,000 and conveyance from the Board of a tract of 0.62 acre, all under authority and procedure set out in General Statutes 160A-274, and authorized the Mayor and Clerk to execute all documents necessary to carry out this transaction.

9. Consideration of Declaration of Surplus and Advertising / Lenoir Street

The City Attorney stated that the City has received a request to consider a sale of a small strip of land, consisting of approximately 1,527 square feet, (the “Subject Tract”) which is a portion of the City’s property at the intersection of Avery Avenue and Lenoir Street identified as 411 Lenoir Street. The request has been submitted by Samantha Reid, who owns the property at 404 Avery Avenue, which is the only property directly bordering the City’s tract. The City’s tract at 411 Lenoir Street is currently vacant, and is being maintained as an open space at the intersection of the two streets which constitutes one of the entry points into downtown Morganton. The narrow strip of land adjoining 404 Avery Avenue which Reid proposes to purchase has been landscaped by the City, but the City has no other plans to utilize this property. Applying the County’s current per square foot value for the entire tract at 411 Lenoir Street, the tax valuation of the 1,527 square feet for which the offer to purchase has been received is presently $2,107.

Samantha Reid has submitted an offer of $3,000 to purchase the Subject Tract, has paid an earnest money deposit of $300 to the City which is being held by the City, and has entered into a Contract for sale and purchase of that property, which is subject to City Council approval and the statutory process.

If the Council wishes to pursue the sale of this property, then the property would need to be declared surplus, and then properly advertised for upset bids in accordance with the procedures set out in G.S. § 160A-269.

Upon motion by Councilman Simmons, seconded by Councilman Cantrell, and carried unanimously, the Council adopted Resolution #17-13 declaring approximately 1,527 square feet of property located at 411 Lenoir Street, directly adjoining the property of Samantha Reid at 404 Avery Avenue to be surplus public property.

Upon motion by Councilman Simmons, seconded by Councilman Cantrell, and carried unanimously, the Council authorized the City Attorney to properly advertise the Subject Tract for upset bids in accordance to G.S. § 160A-269, and if no upset bids are received then to carry out the contract for sale of the property to Samantha Reid for $3,000, with the Mayor and Clerk hereby authorized to sign a deed of conveyance.

10. Consideration of Boards and Commissions

a. Morganton Housing Authority - There are two terms on the Morganton Housing Authority Board that have recently expired; the terms of James Moore and Judy Owensby.

Victoria Smith, Public Housing / Office Manager, has sent a request to have Ms. Judy Owensby, a resident living in the Housing Authority, be reappointed to the Board.

Mr. Moore has been an excellent member and served on this board for many years, but does not seek reappointment. This leaves a vacancy on the board. Housing Authority Director Steve Villar is seeking interested applicants, particularly from the business community, to serve on this board.

The Mayor reappointed Judy Owensby to the Morganton Housing Authority Board for a term to expire February 2, 2022.

b. Fireman’s Relief Fund Board - The City Manager stated the terms of Tony Filice (Council appointee) and Mark Bradshaw (Public Safety appointee) have expired. Mr. Filice has been an excellent member while serving on this board, but did not wish to be reappointed.

Mark Bradshaw currently serves as the Public Safety appointee. Due to clarifications in State statutes regarding appointments to this board, it is requested that Mark Bradshaw now be appointed as the Council appointment.

It is requested that David Ferber be appointed as the Public Safety appointee as he qualifies as a retired member of the fire department.

Mark Barrier has also expressed interest on this board.

Upon motion by Councilman Fleming, seconded by Councilman Cantrell, and carried unanimously, the Council approved the appointments of Mark Bradshaw and David Ferber to the Fireman’s Relief Fund Board for terms to expire on January 1, 2019.

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 7:20 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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