Monday, May 4, 2009 – 7:00 p.m.
Attendance: Mayor Larry McMahon, Mayor Pro Tem James Lilly, Commissioners Beverly Johnson, Alphonzo Rush, Henry Thompson, Sr., Harold Thompson, Town Administrator Dwight Smith, Town Clerk Pam Lisenby, Police Chief Randy Smith, Zoning Officer Virgil Hinson
Absent: Director of Field Operations Mike Thompson, Fire Chief Tim Huneycutt
The regular monthly meeting of the Norwood Town Council was held on Monday, May 4, 2009 at the Norwood Town Hall. Mayor Larry McMahon called the meeting to order at 7:00 p.m., welcomed the visitors and prayed.
Under Public Concerns, the following persons spoke:
1) Melba Isenhour of 164 East Andrews Street stated she wanted something done to her water because it was “clear one week and muddy the next”. She stated Town employees had even installed a new water tap, but the problem had not changed. She added the odor of the water was “terrible”.
Lee Eddins of 128 East Andrews Street said her water was “dingy” at times, also.
Ms. Isenhour asked if a timer could be placed on the hydrant so that the line could be flushed consistently.
Administrator Smith said Town employees were supposed to be flushing the line once a week, adding that the Town had done all it could. Smith said problems such as this could be caused by mud in the line or a lightning strike to the hydrant. Smith reminded Board members that this was once a dead-end line that was later connected to another line to provide circulation. Smith added that the citizens were entitled to good, clean water and he felt an engineer should be brought in to look at the situation.
Commissioner Johnson asked how many houses were affected, to which Administrator Smith answered, “three or four”.
Mary Mace of 164 Andrews Street asked if the water was being tested, adding she had lived with her sister, Ms. Isenhour, for 2-1/2 years and neither of them would drink the water and were concerned about what it might be doing to their bodies and hair. Ms. Mace added, “When you pay a water bill, you expect to be able to use the water.”
Administrator Smith stated he would get them on a testing schedule and might have to put in a new line. Mayor McMahon said, “We will do something”.
Jimmy Snuggs, landowner on Randall’s Church Road, then shared his expertise and water knowledge with those present.
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2) Burt Slater, representing the Norwood VFW, invited the Norwood Town Council and all present to a Memorial Day ceremony at the VFW Hut at 10:00 a.m. on May 25.
3) Jimmy Snuggs then discussed the following items with the Town Council:
a) Snuggs said that Adam James came to the Town Hall on April 14 and asked Administrator Smith about the permit to build Lake Shore pump station, adding that Smith told James that Ron Krebs of NCDENR had signed off on the permit, but Smith did not have it in his hands because of Good Friday closing. Snuggs said he talked to Ron Krebs who said he signed off on the permit on April 21.
b) Snuggs asked if Norwood provided Hepatitis B shots for policemen, to which Administrator Smith answered, “Yes.” Snuggs then asked if the shots were provided for sewer workers, to which Administrator Smith answered, “Yes, but some have not had it.”
c) Snuggs asked if there was any resolution at Eastover pump station, to which Administrator Smith answered, “We are working on it.”
d) Snuggs asked if it was a Board decision that he (Snuggs) could not have any mulch hauled to his land on Randall’s Church Road. Administrator Smith said it was not a Board decision, but a staff decision, and was made based on mileage to Snuggs’ land and to the current dump site on Wayln Burgin’s property, adding that Snuggs’ land was not in the extraterritorial jurisdiction as Snuggs thought it was. Mayor McMahon suggested that Snuggs bring a dump truck and get the mulch himself. Snuggs answered that he did not have a dump truck.
Mayor McMahon called for a motion to accept the Consent Agenda as follows:
1) The minutes of the April 6, 2009 regular meeting of the Norwood Town Council were approved on a motion by Commissioner Henry Thompson, seconded by Commissioner Johnson, and passed 5-0.
2) The minutes of the April 22, 2009 special meeting of the Norwood Town Council were approved on a motion by Commissioner Henry Thompson, seconded by Commissioner Johnson, and passed 5-0.
3) A budget update was accepted on a motion by Commissioner Henry Thompson, seconded by Commissioner Johnson, and passed 5-0.
4) A treasurer’s report was accepted on a motion by Commissioner Henry Thompson, seconded by Commissioner Johnson, and passed 5-0.
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AGENDA ITEMS
AGENDA ITEM #1 – REZONING OF PROPERTY AT 410 NORTH MAIN STREET
Zoning Officer Virgil Hinson reminded Board members that Kim Tobias had previously requested a zoning map change at 410 North Main Street from General Business to Conditional Use District Zoning and a Conditional Use Permit to allow the upper part of the structure to be used as an apartment, adding that Board members had deferred the matter due to concerns about parking and another access to the upper floor of the building.
Zoning Officer Hinson stated there was ample parking and, in his opinion, the parking requirement was met. Hinson said that Tobias was willing to add an additional upper floor access and that the Town Council could list this as a condition on the Conditional Use Permit if they so desired.
Zoning Office Hinson stated that, if the Conditional Use District Zoning was approved, he suggested the following conditions be attached to the Conditional Use Permit:
1) A second access be provided to the upper floor.
2) Some form of shrubbery or floral vegetation be planted due to there being a very limited amount of lawn due to the front yard being utilized for parking.
3) The apartment be maintained to the local standards for health and safety.
Hinson concluding by saying it was now up to the Town Council whether or not to grant the Conditional Use District Zoning and, if granted, to assign conditions to the Conditional Use Permit.
Commissioner Rush stated that he had been looking at some apartments and many did not have two upper floor accesses, adding this condition could be very expensive for Tobias. Commissioner Rush said he hoped the Board would consider eliminating suggested Condition #1 above.
Commissioner Johnson asked if suggested Condition #3 above could cover whether or not a second upper floor access was needed. Zoning Officer Hinson said this decision could be left to the building inspector.
Commissioner Harold Thompson said that, considering the age of the building, he doubted the wiring was adequate and could pose a potential fire hazard. Thompson stated that was his reasoning for being in favor of a second upper floor access.
Mayor McMahon asked if the inspector had been down. Zoning Officer Hinson said he had visited but would not say much until the zoning was changed and permits issued.
Mayor McMahon suggested attaching a condition stating that if the building inspector found bad wiring, a second upper floor access would be required.
Commissioner Harold Thompson said he did not think the County would get that detailed.
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Commissioner Johnson made a motion to change the zoning at 410 North Main Street from General Business to Conditional Use District Zoning. Mayor Pro Tem Lilly seconded the motion and it passed 5-0.
Commissioner Johnson then made a motion to issue a Conditional Use Permit for 410 North Main Street with the following conditions:
1) Follow recommendation of building inspector.
2) Plant some form of shrubbery or floral vegetation due to limited amount of lawn due to front yard being utilized for parking.
3) Maintain apartment to the local standards for health and safety.
Commissioner Rush seconded the motion and it passed 5-0.
AGENDA ITEM #2 – LAKE SHORE PUMP STATION
Administrator Smith stated the permit had been issued by NCDENR for the building of the Lake Shore pump station and the force main up to Parker Circle and that the project would be bid on May 19, 2009 at 2:00 p.m. at the Norwood Town Hall. Smith said the bid would then be awarded at the regular meeting of the Town Council on June 1.
Smith added he had two of the three required bids for a lease-purchase for the project.
AGENDA ITEM #3 – PERSONNEL POLICY
Administrator Smith stated he had met with employee Robert Jordan regarding Personnel Policy issues and had reached an agreement. Smith added that Jordan did not know he was on the agenda (Jordan was not present).
AGENDA ITEM #4 – USE OF BASEBALL FIELD BY ORGANIZATION FOR PROFIT
Administrator Smith stated that an individual had inquired about using the baseball field at Norwood Memorial Park for a profit-making concert. Smith said, to his knowledge, none of Norwood’s facilities had ever been used for a profit situation for an individual.
Commissioner Johnson asked how many people this park would safely hold. Administrator Smith said approximately 150 could be seated now on the existing bleachers, but many more could be seated in lawn chairs on the field.
Commissioner Johnson asked if the Town Council could limit the number of people.
Commissioner Harold Thompson asked if this request could even be considered since the park was built with grant funds. Administrator Smith said he had called about this, but had not gotten a return call yet.
Commissioner Rush suggested waiting until Administrator Smith received an answer regarding the grant restrictions.
Mayor Pro Tem Lilly made a motion to defer consideration of the issue until a later date. Commissioner Rush seconded the motion and it passed 5-0.
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AGENDA ITEM #5 – 2009/2010 BUDGET
Administrator Smith made the following suggestions of additions to the 2009/2010 proposed budget:
1) New police car @ approximately $14,000/year for three years
2) New sewer washer @ approximately $15,000/year for five years
3) Paid full-time fire chief
4) More improvements at Norwood Memorial park (concession stand renovations, new gutters and more landscaping at Community Building)
Smith added the proposed 2009/2010 budget was currently balanced, but he was going to the Stanly County Tax Assessor’s Office to make sure the tax valuation of Norwood was correct.
Smith said he had not gotten any bids on mowing the cemetery yet, but had asked one local landscaper for a bid.
Smith suggested a budget work session in mid-May, date to be announced later.
AGENDA ITEM #6 – 2010 ARBOR DAY
Administrator Smith stated that Harold Thomas of Stormfront Productions had indicated he could coordinate an Arbor Day Festival that would be large, have many vendors and major talent, and cost the Town nothing. Smith added that Thomas needed to know by June 1 if the Town was interested.
Commissioner Harold Thompson stated he had called Thomas to complain about the stage, as it was not the one Commissioner Thompson had seen at Relay for Life and thought was coming to Norwood. Commissioner Thompson said Thomas wanted to apologize to the Board and had offered to send a crew back to change out the stage, but it was too late at that point.
Commissioner Thompson added that Thomas coordinated over 350 festivals a year all over the South and could provide fireworks and vendors at no cost to the Town. Thompson stated that Thomas said he could bring a national band to Norwood for Saturday night that would draw 12,000-15,000 people if Norwood could handle the parking and seating.
Mayor McMahon asked where the money came from. Commissioner Thompson answered it would come from vendors and radio stations.
Commissioner Rush said he felt this would eliminate vendors because the fees would be too high.
Commissioner Johnson stated a vendor this year told her she would pay $200 to be one of two selling her item instead of one of four.
Commissioner Rush stated Norwood would not want the magnitude of people Thomas was speaking of drawing.
Mayor McMahon stated that gospel singing would be on Sunday afternoon at the gazebo at the park.
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It was the consensus of the Board to have Harold Thomas come speak to them and to see his “track record”.
AGENDA ITEM #7 – STREET LIGHTS - EDGEWATER
Administrator Smith presented a street light contract for Edgewater with the Town paying the charges for 75% of the street lights in Edgewater and 25% being paid by the Edgewater owners. Smith stated that, presently, the Town of Norwood pays for all street lights in town, but, according to Duke Energy, there would be 25% more street lights in Edgewater (spaced every 200 feet).
Commissioner Johnson said that, in the future, she thought the developer should pay any extra charges for decorative lights.
Commissioner Johnson stated that she would prefer the Town pay 60% of the charges for Edgewater, with the owners paying 40%.
Commissioner Harold Thompson made a motion to sign the lighting agreement if the Edgewater owners would agree to pay 40% of the lighting charges rather than 25% and, if they would not accept the 40%, to renegotiate. Commissioner Henry Thompson seconded the motion and it passed 5-0.
AGENDA ITEM #8 – REFINANCING LEASE-PURCHASE OF WATER/SEWER LINES WITH BANK OF STANLY
Administrator Smith presented a letter from Michael G. Harwood, Senior Vice President of Bank of Stanly, dated April 21, 2009 regarding the refinancing of the existing lease-purchase at an interest rate of 3.87% (current rate – 5.8%). Smith added that the savings would be “considerable”.
Smith stated he had hoped the payments would be less, but that the payments would remain the same and the loan term would be shortened.
Commissioner Johnson made a motion to authorize Mayor McMahon to sign the letter, accepting the terms of the refinance on behalf of Norwood. Commissioner Rush seconded the motion and it passed 5-0. A copy of the letter is attached to these minutes and made a part thereof.
AGENDA ITEM #9 -2008/2009 AUDIT REPORT
Administrator Smith presented each Board member with a 2008/2009 Town of Norwood audit report approved by the Local Government Commission. Smith stated that Sam Turner, auditor, was willing to meet with Board members individually if they so desired.
Smith gave a few audit highlights, stating that Norwood had a “very, very healthy fund balance” which would be needed because of shortfalls and upcoming projects. Smith said, overall, the Town was in good shape at the time of this audit—“better than most towns this size”.
Smith pointed out that the auditor noted that Norwood needed to maintain 96% tax collection and also needed to increase water and sewer rates to insure that the Enterprise Fund would be self-sufficient.
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AGENDA ITEM #10 – EASEMENTS FOR SEWER LINES AT EDGEWATER
Administrator Smith reminded Board members that the Edgewater sewer line construction would begin soon, but Norwood did not have some of the easements necessary to construct the line. Smith asked if the Board would give him permission to start condemnation proceedings on those properties whose owners had not granted easements.
Smith added he had spoken with the engineers and asked them to avoid getting on anyone’s personal property if at all possible.
Commissioner Rush asked how many people had refused to grant easements to the Town. Administrator Smith answered, “Progress Energy and four individuals”. Smith added that Attorney Bob Odom thought he had “worked things out” with Progress Energy.
Administrator Smith said the sewer line would be a four-inch line with a six-inch line beside it to use later when the population of the area grew.
Commissioner Rush asked if Administrator Smith knew the reason why certain easements had not been granted. Administrator Smith answered, “Some don’t want sewer out there,” adding that some said it was not in their best interest to have sewer lines on their property. Administrator Smith said, “Mr. Snuggs there is one of the ones that won’t sign—ask him what his reason is.”
Jimmy Snuggs, landowner on Randall’s Church Road, said he did not want a sewer line running the entire length of his property for the payment the Town was willing to give. He added that he had “issues” with the Board that would cause him to throw “kinks” in this project. He said he did not think this project was in the best interest of Norwood.
A verbal confrontation ensued between Jimmy Snuggs and Mayor McMahon. Mayor McMahon gave reasons why this project was good for Norwood, adding that the Town would try every way to keep the sewer line off Snuggs’ property if he did not want it there, but that he (Mayor McMahon) would not have Snuggs accusing the Norwood Town Council of being “crooked”.
Snuggs said he was not accusing anyone of being crooked.
Mayor McMahon then said it was the consensus of the Board that Administrator Smith go back and see what could be done with the engineers to keep the sewer line off Snuggs’ property.
BOARD CONCERNS
No Board concerns were voiced.
ADMINISTRATOR’S UPDATE
Administrator Smith presented the following items to the Board:
1) There will be a meeting on May 5 with NCDENR in Raleigh for the Edgewater sewer line.
2) Fire service will be needed for Edgewater South as it is over five miles from the fire station.
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3) Plans for the bridge for the sidewalk to Mary Branch Road are still in Raleigh according to the Town’s engineers.
4) Smith asked if anyone wanted to go to Town Hall Day. Mayor McMahon and Commissioners Johnson and Henry Thompson will go.
5) The tank at the Eastover pump station became over-pressurized and developed a leak recently. Plans are to run a 6” line from the pump station to the gravity sewer line on Allenton Street. Smith said Stephen Chambers was to be present at the Board meeting to give Eastover alternatives, but that he would have them soon. Smith said the Town should have the 6” line in by July 1.
6) Dawn Davis of 220 Price Street had a sewer back-up in her house and had been asked for an estimate of the costs of repairs. Commissioner Harold Thompson asked if the house had a backflow preventer. Administrator Smith said, “It does now”.
7) An easement will need to be given by Franklin McNeill for the Eastover pump station line to go through his yard. Smith said McNeill wanted to know if a big tree could be cut at the Town’s cost.
8) Smith made the Board aware of several zoning violations: Tracy Harris moved items off his property and then moved them back on; Tim Franklin has been handled.
9) Horseshoe pits need to be relocated at Darrell Almond Community Park because the gazebo area will get busy soon. Smith said he had several different suggestions as to where to move them.
Commissioner Johnson stated she was not in favor of placing them on the south side of the creek because too many children from the ball park played in that area.
Mayor McMahon suggested the area between the bathrooms and the fence.
Commissioner Harold Thompson stated that if the area where the horseshoe pits were currently situated was going to be used for seating for gazebo events, something would need to be done about drainage.
10) Smith explained the difficult time staff was having with water cut-offs and asked the Town Council for their endorsement that once town maintenance employees left Town Hall with the cut-off list, everyone on it was considered disconnected and must pay the reconnection fee.
Commissioner Johnson made a motion to endorse the above-stated policy, treating all customers the same. Commissioner Henry Thompson seconded the motion and it passed 5-0.
It was suggested that those subject to the next cut-off receive a letter detailing the newly- endorsed policy.
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Mayor McMahon then called for a motion to enter a closed session to discuss personnel and the possibility of a lawsuit. Commissioner Henry Thompson so moved, seconded by Commissioner Rush. The motion passed 5-0. Police Chief Randy Smith was asked to stay.
When the closed session discussion was completed, Mayor McMahon called for a motion to return to open session. Commissioner Harold Thompson so moved, seconded by Commissioner Henry Thompson. The motion passed 5-0.
With no further business to discuss, Mayor McMahon called for a motion to close the meeting at 9:10 p.m. Mayor Pro Tem Lilly so moved, seconded by Commissioner Johnson. The motion passed 5-0.
LARRY McMAHON, Mayor
PAM LISENBY, Clerk