Monday, August 3, 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, Fire Chief Tim Huneycutt, Fire Asst. Chief John Lambeth
Absent: Director of Field Operations Mike Thompson
The regular monthly meeting of the Norwood Town Council was held on Monday, August 3, 2009 at the Norwood Town Hall. Mayor Larry McMahon called the meeting to order at 7:00 p.m., welcomed the visitors and prayed.
There were no public concerns voiced.
Administrator Smith stated that the agenda needed to be amended to add the following agenda items:
#5 - Engineering Contract with Stephen Chambers for Eastover Pump Station
#6 - Budget Amendment - Edgewater
Mayor McMahon called for a motion to accept the Consent Agenda as follows:
1) The minutes of the July 6, 2009 regular meeting of the Norwood Town Council were approved on a motion by Commissioner Henry Thompson, seconded by Mayor Pro Tem Lilly, and passed 5-0.
2) The minutes of the July 20, 2009 special meeting of the Norwood Town Council were approved on a motion by Commissioner Henry Thompson, seconded by Mayor Pro Tem Lilly, and passed 5-0.
3) The minutes of the July 27, 2009 special meeting of the Norwood Town Council were approved on a motion by Commissioner Henry Thompson, seconded by Mayor Pro Tem Lilly, and passed 5-0.
4) A budget update was accepted on a motion by Commissioner Henry Thompson, seconded by Mayor Pro Tem Lilly, and passed 5-0.
5) A treasurer’s report was accepted on a motion by Commissioner Henry Thompson, seconded by Mayor Pro Tem Lilly, and passed 5-0.
Mayor McMahon then called for a motion to enter a closed session to evaluate personnel in the Fire Department. Commissioner Rush so moved, seconded by Commissioner Johnson. The motion passed 5-0.
When the closed session discussion was over, Commissioner Henry Thompson made a motion to
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return to open session. Commissioner Johnson seconded the motion and it passed 5-0.
AGENDA ITEM #1 – PROPOSED ORDINANCE PROHIBITING DISCHARGING OF FIREARM
Police Chief Randy Smith stated that several ordinances were recently revised by the Police Department, but the discharging of firearms was inadvertently overlooked and, therefore, was not enforceable.
Chief Smith presented proposed “ORDINANCE #135 – AN ORDINANCE PROHIBITING DISCHARGING OF FIREARMS” for the Board’s review, stating this had been obtained from Winston-Salem.
Commissioner Rush stated that the title of the proposed ordinance (as stated in above paragraph) and the mission statement of the proposed ordinance (“WHEREAS, the Town of Council of the Town of Norwood deems it to be in the best interest of the health and safety of the citizens of Norwood to prohibit the discharging of firearms within the Town of Norwood) were in contradiction with Section #2 (“It shall be unlawful for any person to possess or carry, or to fire or discharge, any gun, rifle, pistol or other firearm on or in any building, park, recreation area or other property owned or operated by the city, whether within or outside the corporate limits…).
Commissioner Rush added that if a person had a concealed weapon permit, he should be allowed to carry a weapon on town property.
Police Chief Smith said if signs were posted prohibiting weapons, they could not be carried even with a concealed weapon permit.
Mayor McMahon asked about the duck hunters on the parts of Lake Tillery that were town property. Chief Smith said the police would have no way to get to them on the water.
After some discussion, Commissioner Harold Thompson asked if Administrator Smith or Police Chief Smith could check with the North Carolina League of Municipalities and ask if the ordinance would be enforceable regarding duck hunters on town waters and, if enforceable, contact the Wildlife Commission to have personnel with a boat in the area.
Administrator Smith said he had previously posed this question to John Phelps, NCLM Attorney, and was told Norwood had the authority to allow or prohibit duck hunting on town waters.
Police Chief Smith said he could ask the Stanly County Sheriff to have officers come down once a month and cruise the lake.
Mayor McMahon asked if the ordinance could be enforced on the lake, to which Administrator Smith answered, “Only if we buy a boat.”
Commissioner Rush said his question had not been answered regarding concealed weapons for those with permits.
TOWN OF NORWOOD
Administrator Smith stated there was already a town ordinance in place prohibiting the carrying of weapons, concealed or otherwise, on town property.
Mayor Pro Tem Lilly made a motion to defer consideration of the matter.
Commissioner Harold Thompson asked if the motion could be made to adopt the ordinance if, upon review by NCLM, it was determined it could be enforced on the water.
Mayor Pro Tem Lilly withdrew his motion to defer.
Commissioner Harold Thompson made a motion to approve “ORDINANCE #135 – AN ORDINANCE PROHIBITING DISCHARGING OF FIREARMS” as soon as it had State agency approval. Commissioner Johnson seconded the motion and it passed 5-0. A copy of the Ordinance is attached to these minutes and made a part thereof.
Commissioner Johnson asked how duck hunters could be informed as to where the town limits were on the water.
Commissioner Harold Thompson asked if buoys could be placed in the water where the town limits were. Several Board members commented that these would probably be removed from the water by duck hunters, etc.
AGENDA ITEM #2 – 2009 SCATTERED SITE HOUSING PROGRAM
Administrator Smith presented a Memorandum from Michael S. Walser, Stanly County Grant Administrator, concerning Stanly County’s 2009 Scattered Site Housing Program, adding that the Norwood Town Council had already voted to participate in the program.
Smith stated that the money would be channeled through the County with Walser administrating, and Norwood would get “what falls off their truck”. Smith added he was looking for other infrastructure grant money.
Commissioner Harold Thompson stated that Andy Lucas, Stanly County Manager, had told him that 40-45% of the scattered site housing program grant requests were from the Norwood area and suggested looking at 100% funded stimulus money for infrastructure.
AGENDA ITEM #3 – CONTRACT FOR EMERGENCY SERVICE AND TECHNICAL SERVICE
Administrator Smith stated that his suggestion at the last Board meeting to add another employee did not go over well, but he had discovered another route to pursue. Smith said that Ritchie Construction Company had Operators in Responsible Charge (ORCs) in every area of water and sewer with current certificates who could fill in if an employee left the Town of Norwood. Smith added that Ritchie could also repair leaks and install services that were too large for Town employees to handle. Smith said payment would be rendered only when services were used. Smith said Albemarle and Mt. Gilead were using Ritchie in this capacity and it was working well.
Smith stated he would have a contract from Ritchie Construction Company ready to present at the next meeting.
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AGENDA ITEM #4 – ARBOR DAY
Administrator Smith stated that Harold Thomas had not contacted him yet about coordinating Arbor Day, but according to Bradley Swaringen, he was planning to do this.
Commissioner Harold Thompson stated he had talked to Mr. Thomas today who said he would call Administrator Smith tomorrow.
Administrator Smith stated that a core Arbor Day committee would meet very soon to discuss the bands as they need to be booked now to get good ones.
Commissioner Harold Thompson suggested rotating bands and trying to get “Band of Oz” from Raleigh.
Administrator Smith stated that Rex Stephens wanted to be involved with Arbor Day.
AGENDA ITEM #5 – ENGINEERING CONTRACT WITH STEPHEN CHAMBERS FOR EASTOVER PUMP STATION
Administrator Smith presented a “STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES” between Town of Norwood and Chambers Engineering, PA in the amount of $84,850 to implement upgrades and improvements to the wastewater collection system serving the Eastover Street community including the replacement of the Eastover sanitary pump station and force main, replacement of gravity sewer collection lines, rehabilitation of gravity lines, replacement of manholes and other related system improvements.
Smith stated this contract was set up on implementing the entire Rural Development grant, but had to be signed before the grant could be completed.
Commissioner Henry Thompson made a motion to give Mayor McMahon authority to sign the above-stated contract. Commissioner Rush seconded the motion and it passed 5-0. A copy of the contract is attached to these minutes and made a part thereof.
AGENDA ITEM #6 – BUDGET AMENDMENT - EDGEWATER
Administrator Smith explained that the water line from Shore Farm Road to Edgewater was being installed and the contract stated that Norwood would pay for the work and then be reimbursed by Lake Tillery Partners. Smith said the first bill for $45,000 had been received and needed to be paid tomorrow. Smith stated that $100,000 of the $675,000 received from the developers had been placed in a money market and most of it had been spent on engineering, adding that another $100,000 needed to be moved from the certificate of deposit to the enterprise fund budget.
Commissioner Johnson made a motion to approve the attached budget amendment. Commissioner Henry Thompson seconded the motion and it passed 5-0.
Commissioner Rush asked again about the signs to slow traffic in front of the school on Price Street, as well as the highway repairs needed there.
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Commissioner Rush also stated that shrubbery needed to be trimmed at the corner of Storey and Vincent Streets, and the ditches were in need of opening for drainage.
Commissioner Johnson stated she would still like to see the directional street signs in town with the old five-digit house numbers corrected to show the new three-digit numbers.
Commissioner Harold Thompson stated that several business owners uptown had complained about the peddlers that set up on Saturday morning in vacant lots. Thompson said Town Hall was closed and they could not get a business license on Saturdays. He suggested allowing the police to keep business licenses in their cars and issue them on Saturdays and write receipts.
Administrator Smith suggested waiting a while on this as the General Assembly was trying to do away with business licenses.
Commissioner Rush asked if the Town Board could approach the Zoning Board about regulating businesses who kept their wares outside the building. Smith said this would be discussed during the Administrator’s Update.
Administrator Smith presented the following items to the Board:
1) An “Interlocal Cooperative Agreement Between Norwood and Stanly County” was distributed to Board members to review until next month’s meeting.
2) An “Amendment To Irrevocable Standby Letter of Credit” from BB&T to cover Edgewater improvements was presented for consideration and stated, “The Letter of Credit is hereby amended as follows: This Irrevocable Standby Letter of Credit is being reduced from $562,000 to $249,000. This expiry date has been extended from August 2, 2009 until February 2, 2010.”
Commissioner Harold Thompson asked if $249,000 would finish the project. Administrator Smith said he thought it would be less since all he could see remaining to be done was the pump station and a coating on the asphalt.
Smith reminded Board members this was Phase 1 of Edgewater only, adding that a new letter of credit for $3 to $4 million would be needed when Phase 2 was begun.
Commissioner Henry Thompson made a motion to authorize Mayor McMahon to sign as acknowledging and accepting the amendment on behalf of the Town of Norwood. Commissioner Johnson seconded the motion and it passed 5-0.
3) Regarding the Edgewater sewer line project, bids have been opened and awarded at $403,000, the “go ahead” has been given and construction will begin on August 10, all easements are in place, and an “OK” has been given to open cut under the first creek.
4) Regarding the Lake Shore pump station project, the bid has been awarded and the loan approved by the Local Government Commission. Bank of Stanly has not deposited the
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money in Norwood’s account yet, but has told Norwood to give an order to proceed.
5) Regarding the Edgewater water line, the project was bid at $99,000 and is 33-40% complete. Norwood will need to give two (2) two-inch taps at a cost of $6,000-$7,000.
6) Regarding the Eastover pump station project, all easements have been worked out. The line will run in front of John McNeill’s house, across Jeff Russell’s property, across Reba Smith’s property and out to the road. Some move toward construction must be made by December to get the Rural Development grant.
7) Regarding the Mary Branch sidewalk, Jim Turner of Koonce, Noble & Associates will measure again for the bridge. Smith has an appointment on Thursday with Stanly County Inspections to get them to “sign off” on the project.
8) Regarding street signs for the South Stanly High School 2009 N.C. State Baseball Champions, Smith presented a picture of the proposed sign at a cost of $165 each. Commissioner Harold Thompson said the high school name needed to be on the signs. Smith said the girls’ softball team had won the state championship, and he would like to place a smaller sign under the South Stanly sign on the poles for them. It was suggested that this wait to see if the girls won the national competition. Smith said the girls would be at the next meeting to accept a plaque.
9) Smith asked how many planned to attend the N.C. League Conference in Greenville. Mayor Pro Tem Lilly said he could not go and Commissioner Rush does not know yet.
10) A letter was presented from a Carlie Street resident who is requesting a speed bump on the street. Police Chief Smith was asked to canvas the neighborhood to see how many actually wanted a speed bump and report back.
11) Smith is working on a solid waste report.
12) Bo Noble of Koonce, Noble & Associates had previously said the Berry Hill sewer line project would be ready to begin before the Lake Shore pump station project was finished. Smith said Noble now says it will take a little longer.
13) Regarding businesses placing wares in front of their buildings, letters have been mailed and visits made to Catoddy’s, adding that the merchandise “goes in and comes back out.” Smith said it was hard to enforce this on one side of town and not on the other. He suggested turning this over to the code enforcement officer.
14) A letter will be written to Stanly County to collect their contribution toward the Edgewater sewer line.
15) Smith said everything was “coming together” on the Norwood projects except the lifting of the water line restrictions around Berry Hill, Lake Shore, Lake Head, etc. Smith suggested having a work session and trying to buy the water line if this problem cannot be settled any other way. Smith said he hoped to have it settled before the League conference in Greenville.
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With no further business to discuss, Mayor McMahon called for a motion to close the meeting at 8:30 p.m. Commissioner Rush so moved, seconded by Commissioner Johnson. The motion passed 5-0.
The next regularly scheduled meeting of the Norwood Town Council will be Tuesday, September 8, 2009 at 7:00 p.m. at the Norwood Town Hall (due to the Labor Day holiday).
LARRY McMAHON, Mayor
PAM LISENBY, Clerk
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