City Council meeting summary: Jan. 9, 2012

January 11, 2012

The following is a summary of actions taken by the Morganton City Council during the Council's regular meeting Monday Jan. 9, 2012, at Morganton City Hall. A copy of the January meeting minutes will be posted after the minutes are approved during a regular Council meeting (usually the Council's next meeting). The Council meeting will also be posted on the City's YouTube Channel.

Call to Order

Mayor Mel Cohen called the meeting to order at 6:00 pm. Mayor Mel L. Cohen; Councilmen John H. Cantrell, Forrest A. Fleming, Alfred W. Hamer, Jr. and Sidney Simmons; Sally W. Sandy, City Manager and Steve B. Settlemyer, City Attorney were present.

Resolution honoring Jimmy C. White

Mayor Cohen presented retiring employee Jimmy C. White with a resolution honoring White's service to the City of Morganton. White retired from the City of Morganton on Jan. 1, 2012, with 16.5 years of service. White retired from the Public Works Department as a Truck Driver.

Cohen made the motion to approve the resolution; Hamer made the second; vote 5-0 n favor

Presentation of Service Pin

Cohen recognized Jimmy Phillips for 35 year's of service. Phillips works in the Public Works Department as a Cemetery & Grounds Supervisor.

Consent Agenda

The Council approved the following items in one motion:

Cohen made the motion to approve the consent agenda; Hamer made the second; vote 5-0 n favor.

A. The Council approved minutes for the regular meeting held Dec. 5, 2011.  December 5, 2011 - Minutes

B. The Council approved tax releases in the amount of $191.22.

C. The Council gave second approval of an issuance of Taxicab Franchises to Michael W. Gilbert (Ace Cab) and Larry Segars (City Cab) and Claudia Morales (Becerra Translation & Associates).

Background: Michael W. Gilbert has reapplied for a Taxicab Franchise operating one taxicab (Ace Cab) to be headquartered at 111 Kirk Street.

Larry Segars has reapplied for a Taxicab Franchise operating 1 taxicab (City Cab) to be headquartered at 215 Eastview Street.

Claudia Morales has reapplied for a Taxicab Franchise operating 3 taxicabs (Becerra Translations & Associates/Claudia Morales) to be headquartered at 1049 East Union Street.

Per city ordinance Taxicab Franchises be approved by Council after a background check by Public Safety. These applications have been approved by Mark Tolbert, Chief of Public Safety.

The ordinance also states that these applications must be presented to and voted on by City Council at two consecutive meetings. This is the first consideration of this application.

Cohen made the motion to approve the consent agenda; Hamer made the second; vote 5-0 n favor.

D. The Council approved the 2011/2012 audit contract with S. Eric Bowman, PA, in the amount to $32,800.

Background: This contract is for year three of three of the City's current audit contract with S. Eric Bowman, PA. The amount of this contract is $32,800.

E. The Council approved the Resolution to Adopt Burke County's Ten-Year Solid Waste Plan Update Regarding Electronics.

Background: State law requires every local government to have a ten-year solid waste management plan or to be part of another local government's plan. Morganton has chosen to come under Burke County's plan.

State law now requires that these plans include a section regarding the disposal of electronics. Burke County has amended its plan to address the disposal of electronics. As a partner with Burke County in this plan the City is also expected to approve this change.

F. The Council approved the 2012 Annual Certification of Firefighters for the City of Morganton.

Background: North Carolina General Statute 58-86-25 requires that all certified fire departments submit a complete roster of its eligible firemen annually.

Appearances

Ed Phillips, Director of Tourism, Burke County Tourism Development Authority gave a report to Council on 2011 Tourism in Burke County.  Burke Travel and Tourism 2011 Annual Report

New Business

A. Public Hearings

1. The Council adopted a Zoning Ordinance Amendment to reduce the minimum lot size for home occupation uses within Residential Transition (RT) districts from 1.5 times the minimum lot size to equal the minimum lot size.

Fleming made the motion; Hamer made the second; vote 5-0 n favor.

Background: The City has received a request to amend the current special requirements placed on Home Occupations uses. The City currently requires all home occupation uses to have a minimum of 1.5 times the normal lot square footage or 30,000 square feet within RT zoning districts to permit any allowed home occupation use.
The recommended ordinance would reduce the home occupation lot size requirement within Residential Transition (RT) districts to the normal minimum lot area within RT districts or 20,000 sf. All other zoning districts would remain two times their minimal lot size.

Both the staff and Planning Commission recommend approval of this amendment. This public hearing was advertised in the News Herald on Dec. 26, 2011, and Jan. 2, 2012

2. The Council adopted an ordinance rezoning approximately 2.63 acre of property located at 110 Union Square Drive from General Business Conditional Use (GB-CU) to Central Business (CB-CU) for the purpose of constructing a 45 Unit Senior Living Apartment Complex.

Hamer made the motion to approve; Cantrell made the second; vote 5-0 n favor.

Background: In June of 2004, the City rezoned approximately 4 acres of property in the 400 block of East Union and Meeting Streets from General Business (GB) to General Business Conditional Use (GB-CU) for the purpose of constructing a mixed use development. Two phases of the project were completed. In 2007, plans for the Meeting Street side of the block plan were amended to allow a 4 story building containing 42 condominium units. Due to economic downturn, the original developer abandoned the project and the RDC was forced to find a new developer for the block.

Beacon Mgt., the new developer, is now requesting a rezoning of the 2.63 acres to Central Business Conditional Use (CB-CU) as a Planned Commercial Development (PCD) for Senior Living Apartments. The Senior Living development will consist of 45 independent living units within a 4 story building in accordance with the plans submitted.

The developer has requested waivers to increase the site density from 37 units to 45 units and allow a height increase from 50 feet to 60 feet. The proposed cupola is already exempt from all height regulations.

The Morganton Planning Commission has reviewed the proposed conceptual plans and recommends approval as submitted. The staff recommends the project be approved contingent on building height being reduced or architectural efforts being made to reduce the large mass of brick façade along Meeting Street.

This public hearing was advertised in the News Herald on Dec.26, 2011, and Jan. 2, 2012.

B. Other Items

1. The Council awarded the bid for the purchase of a 2011 Autocar ACX64 cab and chassis with a 2011 New Way Mammoth front loading collection truck in the amount of $222,430.98 to Advantage Truck Center, Conover, North Carolina, and to issue such documents as may be reasonably necessary to complete the purchase.

Hamer made the motion to approve; Cantrell made the second; vote 5-0 n favor.

The Council also adopted the Resolution Approving Financing Terms for the purchase of the front loading refuse collection truck offered by Branch Banking and Trust Company in accordance with the proposal dated January 4, 2012 in the amount of $224,000 at an interest rate not in excess of 1.74% for a term of four (4) years.

Cohen made the motion to approve; Hamer made the second; vote 5-0 n favor.

Background: The Department of Public Works budgeted $224,000 in the fiscal year 2011/2012 for the purchase of a garbage collection vehicle for the collection of front end loading boxes for both commercial accounts and residential apartments. The new piece of equipment will replace the 2005 Mack truck currently used for garbage collect. The existing vehicle is in very poor condition, is considered to be unreliable and will require substantial repairs, if it remains in service. Since the collection of garbage and refuse is an essential City service, the purchase of a replacement vehicle is necessary, if the City intends to continue to provide reliable and efficient service. The delivery time for the purchase of a new vehicle is a critical factor.

The City solicited formal bids for the vehicle. In preparing the specifications, the City utilized information provided by the Town of Boone and the Town of Marion, both of whom purchased garbage trucks. Bids were received from six (6) separate vendors representing both truck dealers and refuse compaction body vendors with a total of 16 combinations of 5 different cab and chassis models and 6 different compaction bodies. Bids were opened at 1:00 p.m. on December 14, 2011 and taking into consideration time of delivery, warranties, compliance with bid specifications and other information, the lowest bid was submitted by Bruce Stadler with Advantage Truck Center in Conover, North Carolina. Advantage bid a 2011 Autocar ACX64 cab and chassis which is in stock and can be delivered quickly. The compaction body bid by Advantage was a 2011 new Way Mammoth. The truck chassis and compaction body bid by Advantage apparently meets all of the specifications and can be assembled with a projected delivery date between 60 and 90 days after the award of bid.

The staff recommends that the bid be awarded to Advantage Truck Center in Conover for the bid price in the amount of $222,430.98.

The purchase of the truck is within the budgeted amount and will be financed by the issuance of an installment purchase contract.

Therefore, financing proposals were solicited from local financial institutions. Branch Bank and Trust (BB&T) was the only bank to submit a proposal; however, as indicated in the attached commitment from BB&T, the proposed interest rates of 1.74% per annum for a term of four (4) years was very favorable. Therefore, the staff also recommends that the financing of the purchase price of the truck be awarded to BB&T in accordance with the terms set out in the letter from BB&T dated January 4, 2012.

2. The Council awarded a bid to lowest responsible bidder Blake and Pendleton for two Rotary Screw Air Compressors in the amount of $185,616.00.

Fleming made the motion to approve; Hamer made the second; vote 5-0 n favor.

The Council also approved a budget amendment in the amount of $185,616.

Fleming made the motion to approve; Hamer made the second; vote 5-0 n favor.

Background: The Pure Oxygen System at the Wastewater Treatment plant is operated by air pressure coming from an air compressor, this equipment, originally installed in 1995, failed in the early part of August. Staff began using the back-up system to keep the pure oxygen system working. The back-up system costs approximately $19,980 per month to operate. In September staff began renting compressor equipment at $10,512 per month because this alternative was cheaper than continuing to use the back-up system. After finding that the air compressor could not be repaired, staff determined that it would be more cost effective to purchase new equipment than to continue renting compressors on a monthly basis.

In November staff opened formal bids for two air compressors and received only one bid from Blake and Pendleton. In order to comply with purchasing law, the bid was not opened and another formal bid was solicited. Bids were received and opened a second time. Two bids met specifications: Ingersoll Rand at $194,718.00 and the lowest being the Blake & Pendleton bid of $185,616.00.

3. The Council accepted an Award from Assistance to Firefighters Grant Program (AFG).

Hamer made the motion to approve; Fleming made the second; vote 5-0 n favor.

The Council also approved a Budget Amendment in amount of $34,408 in Federal Funds.

Hamer made the motion to approve; Fleming made the second; vote 5-0 n favor.

Background: Public Safety applied for a grant, via the AFG program, seeking funds to replace firefighters' turnout gear. We were notified recently that we were successful in our request, with an award of $ 36,218. The award obligation to Public Safety is 5% of the total amount ($1,810). While no funds were budgeted specifically for this grant, we would utilize funds from our operating budget ("Safety" line item) to satisfy the required obligation.

The City must notify AFG program officials of our intent to accept/decline the award by Jan. 16, 2012.

4. The Council approved the retaining of Manning Fulton & Skinner law firm to represent the City of Morganton in the North Carolina Legislature at a fee of $30,000 as set forth in the Engagement Letter.

Cohen made the motion to approve; Hamer made the second; vote 5-0 n favor.

The Council also approved a Budget Amendment in the amount of $25,000.

Hamer made the motion to approve; Cantrell made the second; vote 5-0 n favor.

Background: As you know, Morganton and all cities and towns throughout North Carolina face various issues with the Legislature of North Carolina. During this past session, you will recall that we dealt with issues concerning the operation of our cable system, zoning issues, the inspection of rental housing and even the right for citizens to carry firearms in public parks. While the League of Municipalities does a great job of lobbying on behalf of cities and towns, there are some issues that are related specifically to Morganton and the City may therefore need special representation on those issues.

For example, the potential for the closing of the North Carolina School for the Deaf is an issue that Morganton has faced for the past few years. The 2012 session of the General Assembly may in fact have to deal with issues related to the closing of the North Carolina School for the Deaf as well as other issues that affect Morganton. It is impossible to tell in advance what topics may become important, but there is the potential to face other issues also.

John McMillan and Michelle Frasier have represented Morganton for the past few years. They are both attorneys who practice with the Manning Fulton & Skinner law firm in Raleigh. They are familiar with the City staff and the City elected officials. Most importantly, they are familiar with the issues surrounding the North Carolina School for the Deaf and they have offered to represent the City in the Legislature for the 2012 calendar year for the fee of $30,000. The 2012 session of the Legislature is a short session (or at least it is thought to be a short session dealing primarily with financial and budgetary issues) and therefore they have reduced their fee. If the Council wishes to retain John McMillan and Michelle Frasier for the 2012 session of the General Assembly, you will need to approve the attached Engagement Letter.

5. The Council reappointed Don Wright to the Foothills Regional Airport Authority for a term of two years ending in December 2013.

Hamer made the motion to approve; Cantrell made the second; vote 5-0 n favor.

Background: According to North Carolina General Statute, the Foothills Regional Airport Authority shall consist of eight members who shall be residents of either Burke or Caldwell County. Each of the governing bodies shall appoint two members, one of which shall be an elected official.

The Council will recall that at the last meeting you appointed Sidney Simmons as the elected official representing the City of Morganton.

The term of the citizen appointment has expired. Board Member Don Wright has expressed interest and willingness to continue on as the citizen representative on the Airport Authority.

6. The Council appointed Maxine Happolt, Brian Hester, Delores Huffman, Virginia Lane, Fred Roberson, Martha Shelton, Mike Johnson, Marchalle Speas, Wanda Burnette and Katie Reid to the Community Building Board of Control for terms to expire on December 31, 2013.

Hamer made the motion to approve; Cantrell made the second; vote 5-0 n favor.

Background: The Community Building Board of Control is a Council appointed board that advises the Council concerning matters of operation of the Community House and responds to directives from the Council relating to the operation of the Community House.

Terms for six members have expired and have created vacancies upon the board. The bylaws allow for up to 10 members on the board and there have been four vacancies.

The following have been suggested as reappointments on the Community Building Board of Control:

Maxine Happoldt
Brian Hester
Delores Huffman
Virginia Lane
Fred Roberson
Martha Shelton

The following have been suggested as new appointments on the Community Building Board of Control:

Mike Johnson, 302 S. King Street
Marchalle Speas, 659 Lenoir Road
Wanda Burnette, 402 Avery Avenue
Katie Reid, 1622 Jamestown Road

Other items from the City Manager and City Council not on the agenda

None.

Reports

None.

Adjournment

The Mayor adjourned the meeting at approximately 7:15 pm.