[PAGE 1] Marion February 17, 2026 Minutes Regular Meeting February 17, 2026 at 6:00 PM The City Council for the City of Marion met in Regular Session on Tuesday evening, February 17, 2026 at 6:00 P.M. at the Marion Community Building, located at 191 North Main Street in Marion. COUNCIL MEMBERS PRESENT: Mayor Pro Tem Ann Harkey, Council Members Billy Martin, Don Ramsey, Juanita Doggett, and Zach Wallace. OTHERS PRESENT: Woody Ayers, City Manager; Crystal Young, Finance Director; Brant Sikes, Public Works Director; Allen Lawrence, Police Chief; Kathleen Nolan, Human Resources Director; Vance McNees, Interim Planning & Development Director; Matthew Brown, Fire Inspector / Code Enforcement Officer; Joey Vela, Lead for NC Fellow; Corey Presnell, Fire Chief; Joe Gorecki, IT Systems Specialist; Hunter Clark, Funding Coordinator; Jim Isaacs, Assistant Finance Director; Mike Conley, Reporter, McDowell News. Wesley Shelley, City Attorney; Hunter Clark, Funding Coordinator. GUESTS PRESENT: William Kehler, McDowell Co EMS; Marlon Brinkley, McDowell Co Library; JW Kelly, McDowell Tech. 1. Consent Agenda Mayor Pro Tem Ann Harkey presided over the meeting in the absence of Mayor Stephen R. Little, who was unable to attend due to illness. Mayor Pro Tem Harkey welcomed all guests, citizens, and city staff in attendance, offering a special acknowledgment to department heads for their continued dedication. The following items were presented for approval under the Consent Agenda: 1 [PAGE 2] (A) Approval of January 6, 2026 Regular Meeting Minutes; (B) Approval of Grant Application - Water Treatment Plant Project; and (C) Approval of Grant Application - Wastewater Treatment Plant Project. Motion to approve the Consent Agenda was made by Council Member Juanita Doggett and seconded by Council Member Billy Martin. The motion carried unanimously. 2. Public Hearing: UDO Text Amendment Mayor Pro Tern Harkey called Interim Planning and Development Director Vance McNees to the podium to present the proposed Unified Development Ordinance (UDO) text amendment concerning Accessory Dwelling Units (ADUs). Mr. McNees introduced himself and explained that the proposed text amendment addressed the allowance of accessory dwelling units within the city. Mr. McNees described the amendment as an effort to make Marion more development-friendly by permitting, in appropriate situations, an additional dwelling unit on a residential property. Mr. McNees emphasized that the regulations were carefully crafted to prevent an excessive concentration of dwelling units, specifying that a property owner would be permitted one attached or one detached ADU, but not two of the same type simultaneously. Regarding size limitations, Mr. McNees explained that an accessory dwelling unit may be a maximum of 50 percent of the square footage of the primary dwelling unit, with an absolute maximum cap of 800 square feet. Mr. McNees further clarified that stand-alone ADUs on independent lots would not be permitted — a primary dwelling must exist on the property — and that any larger-scale development would require going through the major subdivision process. Council Member Doggett asked whether HOAs would be implicated by this amendment. Mr. McNees responded that in most cases HOAs would not be involved, but that if an HOA did permit accessory dwelling units, property owners within that HOA would still be required to adhere to whatever HOA standards were in place. Mayor Pro Tern Harkey asked whether there was a demonstrated community need for the amendment. Mr. McNees explained that the amendment originated as a staff-initiated application 2 [PAGE 3] following a specific developer inquiry. Mr. McNees described the situation: a developer was constructing a basement dwelling unit — essentially a mother-in-law suite — on a property that also had an existing detached accessory structure. The lot narrowly failed to meet the size threshold that would have allowed two structures, and as a result, staff had been required to deny the application under the existing code. Rather than simply saying no, Mr. McNees stated that staff sought a creative and innovative solution responsive to statewide housing needs. Council Member Martin asked whether the regulations applied to tiny homes. Mr. McNees clarified that the city does not currently have a specific definition for tiny homes in its code, but that a tiny home could theoretically qualify as an ADU. If a tiny home were placed on a property with an existing primary dwelling, it would count as the one permitted detached accessory dwelling unit and would need to meet the applicable size regulations. Council Member Wallace asked Mr. McNees to clarify what constituted an "attached" ADU. Mr. McNees explained that the primary example of an attached ADU is a basement mother-in-law suite with a separate exterior entrance. Mr. McNees further noted that a residential space above an attached garage could also qualify as an attached ADU, but only if the garage itself was physically attached to the primary structure — otherwise, residential space above a detached garage would be classified as a detached ADU, which would preclude a second detached unit. JW Kelley followed up with a scenario in which a basement suite had both an exterior entrance and interior stairs connecting it to the main home. Mr. McNees confirmed that this configuration would be permitted, stating that a connection between the two dwelling spaces is allowed so long as the ADU also has its own separate exterior entrance. Mayor Pro Tern Harkey asked about existing homes that have long had mother-in-law suites. Mr. McNees clarified the distinction between an ADU and a space being rented through platforms such as Airbnb. Mr. McNees explained that an ADU, as defined under this amendment, would have its own separate address and function as a fully independent dwelling, whereas an informal rental within a home would not be regulated by this ordinance. Council Member Martin expressed support for the amendment, stating that it seemed a reasonable accommodation given current housing needs and that it did not appear to create any significant negative impacts. Mr. McNees thanked Council Member Martin and reiterated that the city was attempting to find forward-thinking solutions while going through the proper 3 [PAGE 4] regulatory channels, noting that Marion was among the first municipalities to actively address this issue in this manner. The public hearing was opened. No members of the public came forward to speak. The public hearing was closed. Motion to approve the UDO Text Amendment was made by Council Member Martin and seconded by Council Member Doggett. The motion carried unanimously. 3. Public Comment Period During the public comment period, Marlon Brinkley from McDowell County Library addressed the Council. He expressed gratitude for the city's continued support of library programs and mentioned the upcoming initiatives that the library is planning to launch. 4. Consideration of Zoning Map Amendment Mr. McNees presented a proposed rezoning of a property on Garden Creek from its current R-2 residential designation to C-2 General Business. Mr. McNees noted that background information suggested the prospective developer intended to pursue a cottage-style community of six to eight homes oriented toward affordable and senior housing, potentially with a courtyard design and gated access. Mr. McNees highlighted several favorable characteristics of the property: an existing vegetative buffer separating the site from the adjacent commercial corridor, a relatively flat topography, and the availability of both water and sewer without the need to extend infrastructure. Mr. McNees noted that a neighboring property above the site was already connected to water and sewer via private lines extended from the city's system, with only a meter at the connection point. Mr. McNees observed that while there may be some private lines on the subject property, they are not lines the city is responsible for maintaining, and easements for repair would not be necessary. Mr. McNees referenced the city's future land use map, developed as part of the comprehensive land use plan in 2012, which identified this small pocket of land as appropriate for high-density residential uses such as planned unit developments, townhomes, cottage-style communities, and 4 [PAGE 5] affordable housing. Mr. McNees stated that staff recommended approval of the rezoning, and confirmed that the matter had been reviewed by the Planning Board, which recommended approval by a vote of approximately 5 to 0. Council Member Doggett asked whether the cost to the city would be minimal. Mr. McNees confirmed that it was a fairly straightforward rezoning that made good sense given the project's alignment with the future land use map. Motion to approve the Zoning Map Amendment was made by Council Member Doggett and seconded by Council Member Martin. The motion carried unanimously. Introduction of New Staff Member — Matthew Brown Following the vote, Mr. McNees introduced Matthew Brown as the newest member of the Planning and Development Department, serving in the role of Fire Inspector and Code Enforcement Officer. Mr. McNees described Mr. Brown as bringing a strong work ethic, a service-oriented mindset, and a genuine commitment to the community. Mr. McNees noted that Mr. Brown previously worked for Gateway Fire and Safety, where Mr. Brown worked closely with businesses and property owners to ensure safety standards were met and maintained. Mr. McNees further highlighted that Mr. Brown is a lifelong member of the community, a graduate of McDowell High School, and served for nearly a decade as a volunteer assistant baseball coach for the high school, demonstrating long-term dedication to mentoring young people and building relationships with local families. Council expressed warm appreciation for Mr. Brown's introduction. 5. Update to Toe River Hazard Mitigation Plan Will Kehler addressed the Council to request passage of a resolution in support of the updated Toe River Hazard Mitigation Plan. Mr. Kehler explained that every five years, municipalities and counties are required to adopt an active hazard mitigation plan in order to remain eligible for federal reimbursement in the event of a federally declared disaster. Mr. Kehler noted that Marion is part of a four-county regional plan — the Toe River Hazard Mitigation Plan — which also encompasses Avery, Mitchell, and Yancey Counties. The plan was last adopted by the Council in 2021. 5 [PAGE 6] Mr. Kehler explained that the plan is compiled and updated by outside contractors hired and funded by the State of North Carolina, with input gathered from each participating county and municipality. Mr. Kehler acknowledged that prior city staff had contributed heavily to the data collection process, describing it as a collective effort to ensure accuracy across all jurisdictions. Regarding the current threat index, Mr. Kehler reported that the community's primary vulnerabilities had not significantly changed from prior cycles and include severe winter weather, flooding, excessive heat, wildfires, infectious disease and pandemic outbreaks, cybersecurity threats, tornadoes, and geological hazards — the latter being particularly relevant given Marion's position on the eastern escarpment of the Blue Ridge and its elevated landslide risk. Lower-risk threats identified in the plan included electromagnetic pulse incidents and terrorism. Mr. Kehler emphasized that among the most important components of a hazard mitigation plan is the identification of specific projects and priorities for the coming five-year period. Mr. Kehler noted that a significant focus for Marion during this cycle has been on generator applications through FEMA's Hazard Mitigation Grant Program to ensure critical facilities remain operational during emergencies. Mr. Kehler cited the senior center as a prime example, noting that a generator installed there on a "blue sky day" — prior to any disaster — allowed the facility to remain powered through Hurricane Helene and also serve as a special needs medical shelter during Winter Storm Fern. Mr. Kehler also noted that the updated plan incorporated numerous lessons learned from Hurricane Helene, and that he felt confident the next five years would yield continued progress in community resilience and preparedness. Mr. McNees offered a lighthearted aside, noting he had appreciated the plan's thoroughness — including its documentation that Marion had not experienced a volcanic eruption. Mr. Kehler responded in kind, remarking that the community had been "tried and tested" across nearly every other emergency scenario in recent years. Council Member Doggett asked who was responsible for managing the data collection. Mr. Kehler explained that the state-contracted firms bear primary responsibility for assembling the plan, working in coordination with local staff and officials from each participating jurisdiction. Council Member Doggett thanked Mr. Kehler and all involved for the considerable work required to produce and maintain the plan. Mayor Pro Tern Harkey expressed that die Council 6 [PAGE 7] felt well protected as a result of the planning efforts. Motion to approve the resolution in support of the Toe River Hazard Mitigation Plan was made by Council Member Ramsey and seconded by Council Member Doggett. The motion carried unanimously. 6. City Manager's Report Mr. Ayers provided the Council with updates on several ongoing projects and initiatives. Mr. Ayers reported that he had met earlier that day with Gateway regarding activity at the old Banks property. Mr. Ayers explained that the project had experienced significant delays due to Duke Power, as certain utility poles needed to be relocated. Mr. Ayers stated that Gateway was hopeful the pole work would be completed sooner rather than later so that grading could resume and the project could move forward. Mr. Ayers discussed retail sales data included in the Council's packet, noting that as lagging indicators, the figures for November and December showed declines of approximately 10 percent each month. Mr. Ayers stated that the cause of those dips was not certain and expressed hope that January figures would return to normal or historically positive levels. Mr. Ayers indicated that retail sales data would continue to be shared with MEDA partners and would be included in future Council packets. Mr. Ayers noted that a budget calendar had been provided to Council to inform members of the current stage of the budget process, sharing that departmental discussions were already underway. Mr. Ayers informed the Council that the city had been awarded two separate grants related to the Lady Marion Dam totaling just over $5.2 million, with no cost to the city. Mr. Ayers clarified that these grants were separate from the ongoing FEMA buyout project, which must be completed prior to any dam repair work. Mr. Ayers expressed hope that all components — the buyout, dam repair, and decommission — could be coordinated to bring the community past a long-standing issue. Mr. Ayers acknowledged McDowell Emergency Management for their hard work in heading up the buyout program. 7 [PAGE 8] Regarding the Westwood Condominiums, Council Member Martin inquired about the future of those properties. Mr. Ayers explained that the applications were to be sent to State Emergency Management and then packaged for submission to FEMA as part of a proposed buyout for the condominium owners. Mr. Ayers acknowledged it was not the outcome those owners may have hoped for, but that it likely represented the best available resolution to a very difficult situation. Mr. Ayers confirmed that all owners had signed on to the buyout, describing that achievement as a significant undertaking. Mr. Ayers further noted that the intended outcome following the buyout and dam decommission was for the area to become green space, with the structures ultimately being demolished. Council Member Doggett noted that the city's involvement was somewhat complicated, to which Mr. Ayers acknowledged that the road entering the property is city-owned and that the city had been considered a one-quarter owner in the matter. Mr. Ayers announced that the city's kickoff meeting for the Mayor's Task Force on Homelessness had taken place on January 23rd, and that the group was scheduled to meet again on February 23rd at 4:00 p.m. at the Depot. Mr. Ayers noted that he was not a member of the committee but would continue to relay information from the Mayor as it became available. Mr. Ayers provided an update on the Baldwin Avenue sidewalk extension, noting that the project was approximately at 30 percent plans. Mr. Ayers recalled that the project had been in jeopardy for a period before the city was awarded toll credits grant funding that kept it financially feasible. Mr. Ayers stated that the city's total out-of-pocket cost was $57,000, of which $30,000 had already been spent and allocated, and that the North Carolina Department of Transportation would take over project administration at a future milestone point. Mr. Ayers noted that the Tree Board would be meeting on February 19th at the Depot and that volunteer spots remained available. Mr. Ayers invited interested community members to contact the city. Mr. Ayers announced that Arbor Day events were scheduled for March 19th at Marion Elementary School and April 10th at Eastfield, and extended an invitation to all Council members to attend. Mr. Ayers reported that the city was still awaiting word on a SAFER grant application, stating that while official confirmation of denial had not been received, there was reason to believe the award may not be forthcoming for this cycle. 8 [PAGE 9] Mr. Ayers drew the Council's attention to a notable increase in fire department call volume, noting that from January 1 through February 13, calls had risen from 195 in the prior year to 348 in the current year over the same span. Fire Chief Corey Presnell added that a portion of the increase was attributable to an expansion of medical response services, but that call volumes were rising across all categories. Mr. Ayers announced that the GEM program was currently underway with a final presentation day scheduled for February 25th at 6:00 p.m. at the Depot, and invited Council members to attend. Mr. Ayers also noted that the Drexel project, which had been on hold for a period, had been taken up by Mr. McNees, who had reinstituted the steering committee. Mr. Ayers stated that the project was moving toward the final phase of cleanup and then into future planning and development work, which Mr. Ayers described as one of the most exciting prospects for downtown economic development in recent years. Mr. Ayers concluded by announcing two additional grant awards expected to be officially announced the following day. The first was a $9.5 million award for the Buck Creek intake repairs — the city's largest intake — which Mr. Ayers described as much needed. Public Works Director Brant Sikes noted that while the grant had been recommended for approval, final confirmation was pending a board vote the following day, and expressed confidence it would be approved. Mr. Sikes confirmed that the grant would fund a complete rehabilitation of the station, including new pumps, new equipment, and a new generator. The second grant was a $600,000 award for decentralized wastewater infrastructure in the Pineola/Garden Creek area to assist residents who had lost access to septic systems following Hurricane Helene, with a goal of connecting those individuals to municipal sewer service. Council Member Martin expressed appreciation for the snow removal efforts undertaken by city staff. Council Member Doggett echoed that sentiment, acknowledging the work of police and fire departments during that event as well. Adjournment Mayor Pro Tem Harkey noted that she had neglected to open the meeting with a prayer, but shared that from the moment she learned she would be presiding over her first meeting as Mayor 9 [PAGE 10] Pro Tem, the evening had been covered in prayers. Mayor Pro Tem Harkey thanked all in attendance for their patience and understanding during her first time presiding. Motion to adjourn was made by Council Member Martin and seconded by Council Member Ramsey. The motion carried unanimously, and the meeting was adjourned. APPROVED: Mayor Stephen R. Little ATTEST: ■Pl Katelyn R. Stinson, Assistant to Manager/City Clerk o Ip M 10