AgendaLink

1. General

1.A. Call To Order- 5:47 PM

Mayor Simonds called the meeting to order at 6pm. City Staff present were Interim City Manager/Planning Director Tyler Cobb; City Attorney, John Russell; Police Chief Carl Moore; Asst. Police Chief, Jeff Harrison; Finance Director, Lisa Nolen; and City Clerk, Cheryl Ramsey. A quorum was determined at the beginning of the meeting. The meeting was teleconferenced on YouTube for the public. The agenda and meeting material were made public on the city's website as well as in person. Members of the public were also in attendance.

1.B. Invocation / Pledge of Allegiance- 6:05 PM

The Invocation was led by Rev. Thomas Gillespie.

The Pledge of Allegiance was led by Shane Robinson per a request from Mayor Simonds.

1.C. Public Comments- 6:39 PM

Mayor Simonds thanked everyone for coming out, then asked if anyone had public comments:

1. Reverend Thomas Gillespie of 208 S Main St, Lowell, NC - Would like for Lowell to consider moving its current election location from the Presbyterian Activity Center at 201 E First St in Lowell to the Lowell Recreation Center located at 715 N. Main St, Lowell. He said the reason is because the Presbyterian Church does not allow for the distribution of political literature to be distributed and the parking lot does not allow distribution due to the amount of traffic on an election day. He said the Lowell Recreation Center would allow for plenty of parking and allows for the distribution of election materials. He would like council to consider this as it needs to be established in August to the election official, Adam Ragan, before the next November election. He distributed his written request to council. See attachment.

2. Ed Jackson of S. Main St, Lowell, NC - he had an update on the clock in front of City Hall. He said he and an electrician did their best to try to fix it but recommends council pay the original clock manufacturer to repair it. He said it should have been serviced every 1-2 years and does not think that has ever been done. Mayor Simonds gave some background on its donation and says that the city should fix it. He said even if the citizens pay for it, the city needs to pay for the upkeep and maintenance of it since it is the city's responsibility. He said it is an eyesore to have a broken clock in front of City Hall and to spend the $7300 to repair it. Mayor Pro Tem Bates said this issue has already been discussed and voted on and is not on the current agenda to vote on again. Councilmember Smith suggested adding this to the next meeting in May. Mr. Cobb said he will add it to the next meeting.

3. Candy Funderburk of 600 Rogosin Blvd. Lowell, NC - she said the city should pay to have the clocked fixed as she doesn't think the citizens should have to collect money to fix it.

Councilmember Bonham asked to be excused if necessary. He said he is going to stay as long as he can but still in some pain [from a previous surgery]. He was allowed to leave whenever he felt it necessary.

The item was motioned To Approve by DeWayne Chitwood and seconded by Scott Bates with a passing result 5-0-0-0-0

1.D. Adoption of Agenda for this Meeting- 6:39 PM

The item was motioned To Approve by Scott Bates and seconded by Shane Robinson with a passing result 5-0-0-0-0

2. Approval of Minutes

The item was motioned To Approve by Scott Bates and seconded by Shane Robinson with a passing result 4-0-0-1-0 Recused by Phil Bonham

2.A. Approval of Minutes 03-11-2025- 6:39 PM

Mayor Pro Tem Bates asked about the way the motion votes were listed in the minutes before agenda item 6G. Ms. Ramsey attempted to explain but will make the necessary corrections. Councilmember Bonham recused himself from the vote as he was not present at the March 2025 meeting.

3. Special Presentation

4. Consent Agenda

The item was motioned To Approve by DeWayne Chitwood and seconded by Scott Bates with a passing result 5-0-0-0-0

4.A. City Clerk/HR Director Report- 6:21 PM

4.B. Finance Report- 6:21 PM

4.C. Public Works Report- 6:21 PM

4.D. Police Report- 6:21 PM

4.E. Planning Report - 6:21 PM

4.F. Parks and Recreation Report- 6:21 PM

5. Unfinished Business

5.A. Consideration of Budget Amendment #10- 6:40 PM

Presented by Lisa Nolen. Mayor Simonds asked how much money was being moved from the General Fund to the CIF. She said the amendment was for $1,655,194. Mayor Simonds asked how much would that increase the CIF amount. Mrs. Nolen said after it is approved, there will be $4,014,309.66 in the CIF. Mayor Simonds said that as of today, that account has $3.147 million. Mr. Cobb said that is what he sent to him and council earlier today. Mrs. Nolen said she gave Mr. Cobb an updated balance on April 4th. Mayor Simonds asked if there had been changes from the time her email was sent and today. Mrs. Nolen said the amount she sent to Mr. Cobb was an updated amount because there was money taken from the CIF to purchase the two properties that was not included in the original amount given to Mr. Cobb and now the correction has been made. Mayor Simonds asked what property was purchased? Mrs. Nolen said the Recreation Center and the property beside the church. Mayor Simonds asked if this was ARPA money and CIF money. Mrs. Nolen said ARPA money was moved to CIF and then the properties were purchased out of the CIF funds but it was ARPA money that purchased those two pieces of property. She said a small amount of CIF money was used. Mayor Simonds stated that the money should equal when moved from one fund to the other. He asked if the amount changed in four days, why aren't they receiving the changed amount to account for the funds?

There was some back and forth between the Mayor and Mrs. Nolen. She stated the email regarding the $3,147,521.16 was sent to Mr. Cobb on March 31st. She said the email sent on April 4 had a new balance of $2,359,115.66. Mayor Simonds asked if it dropped down $1million. Mrs. Nolen said yes, from the $788,000 used to purchase the properties in 2024. Mayor Simonds asked why are they getting this amount in 2025. Councilmember Robinson asked if the amount [$2,359,115.66] is before budget amendment #10. Mrs. Nolen said yes. Councilmember Smith asked if that's where the $4.8 [million] drops to the $3.9 [million] of relatively the amount of the purchases. Mrs. Nolen said yes. Mayor Simonds continued to talk about fiscal responsibility, balancing a checkbook, and his personal experience. He suggested with the amendments that the balances be included. Mrs. Nolen reminded him that bank balances change every minute. She said she sent Mr. Cobb an updated balance to forward to council.

Mayor Pro Tem Bates asked if the information received from Mitch [Brigulio of Davenport Public Finance] during the budget retreat was correct? Mrs. Nolen said "Mitch was going by the first $2million that was done plus the approximately $402,000 from the property tax that was in the budget ordinance, so no he did not have this information at that time because I had not completed the calculations based on the audits, due to time constraints." Mayor Simonds interrupted to complain about the audit. He then suggested she go to her computer and print out an updated balance. Councilmember Smith reminded the mayor that council had agreed to give staff ample time to get information before a meeting. He also stated that there were no issues with the audit. Mayor Simonds asked Mr. Cobb if there were any audit issues since it is on the agenda later in the meeting. Mr. Cobb said the only issue was that it was late. Councilmember Smith said there were no issues with the numbers. Mr. Cobb said that was correct. Mayor Simonds said the numbers are wrong tonight. Councilmember Smith said there may be issues with the numbers tonight but that the audit was approved.

Councilmember Smith said his "only question is, we were at $4.8 million, take away the $800,000 for the two properties, is what drops it to the $3.9 [million] correct? Mrs. Nolen said "it is actually, after you take out that, it brings it down to just a little over $4million." Mayor Simonds said "and then you add back the $1.6 [million], correct?" Mrs. Nolen said "no, that's with the $1.6 [million] from budget amendment #10, assuming it's approved." Councilmember Robinson asked when did the city pay on the property? Mrs. Nolen said she believes it was FY24. Councilmember Robinson said there was a big gap on when we closed on the property. Councilmember Bonham agreed and asked "since March 31st, have we not accounted for a transaction that happened in FY24?" Mrs. Nolen said "the transaction was there, unfortunately I missed it when I was trying to get a balance to you all very quickly because like I said due to time constraints, I am one person and apologize for the mistake."

Councilmember Robinson said he "emailed Mr. Cobb on March 17th for clarification on some of these numbers. The number you gave him on that date was $3,181,990 was the balance after amendment #9?" Mrs. Nolen said she did not have that email. She had the March 31st and the one sent to Mr. Cobb on April 4th with the actual balance after realizing her mistake. Councilmember Robinson said he can provide her a copy. He said he was confused why we are just realizing that the balance is $2.3 million versus $3.1 million? He continued and noted that the minutes from last month state that Mrs. Nolen said the rough calculations looks like we'd have $6.5 million in CIF after all the budget amendments were approved. He said the numbers seem to be jumping around. Mayor Pro Tem Bates said it should been paid before FY24. Councilmember Robinson said it was, the calculations didn't occur until FY24. Mrs. Nolen said "the amount was in a prior year and therefore slipped her notice. There were payments made to WithersRavenel that came out of the CIF, $30,950; $5,755.14; and $28,714.60 and were not in that $6million number I rough calculated for you last month." Mayor Simonds asked her if she would know in the morning the accurate amount that the city does have at about 11am? He doesn't want the discrepancies. He then started talking about the audit again and questioning the balance. Mrs. Nolen said she balances monthly as time permits and is doing the best she can. Councilmember Robinson asked if she was confident with the $2,359,115.66? Mrs. Nolen said yes.

Mayor Pro Tem Bates asked Mrs. Nolen and Mr. Cobb if they confirmed if money can be taken back out of the CIF and put back into the General Fund if needed. Mr. Cobb said yes it can be moved. Mayor Simonds asked if this is the CIF or General Fund or both. Mr. Cobb said it is two different funds. Mrs. Nolen said the CIF is included and all in one bank account. Mayor Simonds suggested that before anything is presented to him or council that they need to know where we are all the time for the taxpayers. Mrs. Nolen said even though the CIF funds are separate funds, that money is still in the First Horizon account. There isn't a new bank account for it but put into another fund for the community. Mayor Simonds said according to the numbers he got today, the total is $12,651,000 in all accounts including the CIF, General fund, Powell bill, etc. He said there was another SCIF account for $32,044 and doesn't understand how we can keep bouncing around. Mrs. Nolen said SCIF and CIF are two separate accounts. She said SCIF is the grant money the city received for the chemical plant. She said all the money is gone except the amount the mayor just mentioned. She said the CIF is the Community Investment Fund and is a separate fund but the money is still in the main operating account at First Horizon.

Mayor Simonds asked where she got the $1,655,194 to move it? Mrs. Nolen said that is from "the General Fund balance that exceeds 50% of General Fund expenditure goal for FY21-22 as stated in Resolution 07-2023." Mayor Simonds said "I think that's the biggest problem that you have so many percentages that you want to create this and that. I don't know why it can't just be all in the General Fund. Why does it have to be called the SCIF Fund and just have the General Fund to pay your bills." Mrs. Nolen and Councilmember Smith simultaneously stated that the previous council voted that anything over 50% in the General Fund would go into the CIF. Councilmember Smith added that the funds would be for future buildings, offices, the Boys club, everything. Mayor Simonds said the money still belongs to Lowell. Councilmember Smith agreed and said it is designated for certain projects. Mayor Simonds continued to complain about the multiple funds. Councilmember Robinson said his question was answered about the monies moving back to the General Fund if necessary. He added that he can understand how Mrs. Nolen can get the mix-up now that she said they are all in one account and the money is kept separate [funds]. Mrs. Nolen said based on the budget ordinance for FY24-25, there is one more amount of approximately $298,000 that she hasn't completed yet, that will need to be moved.

After the motion and under discussion, Mayor Simonds said to Councilmember Robinson that he "understands the she has to move money around, but the bottom line is..." Councilmember Robinson said she is not moving money around and that it is staying in the same account. Mayor Simonds said the "totals are the same but when you move it around like this..." He did not finish the sentence and continued with the vote.

The item was motioned To Approve by Shane Robinson and seconded by DeWayne Chitwood with a passing result 5-0-0-0-0

6. New Business

6.A. Interlocal Agreement for the Renewal of Gaston HOME Consortium- 6:44 PM

Presented by Tyler Cobb. He said the city already participates in this and this just a renewal. He then stated the purpose of the program (see agenda packet).

The item was motioned To Adopt by Scott Bates and seconded by Travis Smith with a passing result 5-0-0-0-0

6.B. Interlocal Agreement for Tax Collection- 6:46 PM

Presented by Tyler Cobb. He explained to proposed changes of the collection fee is going from .85% to .95%. He said the current fee that the city is paying now is based on the collection method. In 2024, it was $15,121 and under the new fee schedule, under a levy method, is going to be $22,155.

Councilmember Smith made a motion to approve the agreement, seconded by Mayor Pro Tem Bates. Under discussion, Councilmember Robinson said "when we do this, a unified fire district previously did not have fees based on the collection method because it was not under the County. This new structure, the fees for the unified fire district are going to be $114,000 and I'm assuming that's over all districts. Who is paying that $114,000? See page 54." Mayor Simonds said "that is the unincorporated area outside of Lowell, that's where that money comes from." Councilmember Robinson disagreed and said he thinks this is coming out of the $.11 1/2 cent tax the County has. Councilmember Bonham said he "thinks in order to be a part of the .95% levy. So if we have an increase of $7000 for Lowell, part of that, whatever percentage of that, goes toward the $114,000." Councilmember Robinson said he would hope not because Lowell has nothing to do with the Fire Department anymore. He wants to make sure this is coming from the $.11 1/2 cent tax that the County is now charging the City of Lowell residents for fire protection. Mr. Cobb said he will get clarification. Mayor Simonds started complaining about the taxes applied from the county. [Clerk was unable to make out discussion with multiple people talking].

Councilmember Smith then recused his initial motion until Mr. Cobb can get clarification. Councilmember Chitwood asked if the vote should be tabled until the next meeting. Councilmember Robinson thought that was best to find out where the money is coming from. Mayor Simonds started complaining about the taxes again and the Lowell's citizen's money. He and Councilmember Smith went back and forth on the tax rate and the Fire Department. The agenda item will be added to the next meeting.

6.C. FPIC Response-Cash Asset Ratio and Late Audit Response Letter to Local Government Commission- 6:54 PM

Presented by Tyler Cobb. He read the response noted in the agenda packet. He talked of repairs at the WWTP, some capital equipment purchased and things that will be completed in the next year that was added to the audit. Mayor Simonds started talking about the audit being late and to be held accountable for it. Councilmember Smith asked where the money for the repairs were coming from. Mr. Cobb said Lowell secured the $8.25 million directly from the DEQ for the sewer and secured $800,000 to upgrade the Lynn St pump station. Mayor Simonds asked when we should expect to receive the $8.25 million. Mr. Cobb said he is currently working with the engineers to get the scope. Mayor Simonds complained that we are spending administrative money before it is received and "falling for the smoke and mirrors".

The item was motioned To Approve by Shane Robinson and seconded by DeWayne Chitwood with a passing result 5-0-0-0-0

6.D. Consideration of Budget Amendment #11- 6:57 PM

Presented by Lisa Nolen. She stated this was due to the Soft Body Armor grant Cheryl Ramsey applied for, to aid the Police Department. The total received was $1750.

The item was motioned To Approve by Scott Bates and seconded by Travis Smith with a passing result 5-0-0-0-0

6.E. Consideration of Budget Amendment #12- 6:58 PM

Presented by Lisa Nolen. This is to receive funds for a totaled police vehicle, 2019 Dodge Charger, from the Interlocal Risk Financing fund of NC.

Under discussion, Mayor Pro Tem Bates asked if this is the vehicle that was involved in the vehicle chase. Mr. Cobb said yes, it was totaled. Mayor Simonds asked if there was another officer involved crash in Cramerton recently. Mr. Cobb said no but that there was another wreck today. Mayor Pro Tem Bates asked Chief Moore if the Durango recently had to go down and what happened. Chief Moore said that vehicle has some mechanical issues. Mayor Simonds asked Chief Moore how many vehicles the department is operating with. Chief Moore said after the one that went down today, they are three short. Mayor Simonds asked when the new vehicles were coming in and Mayor Pro Tem Bates said July. Mayor Simonds asked Chief Moore what cars are being used. Chief Moore said they are using the reserve vehicles.

Mayor Pro Tem Bates asked if these funds are going to be used to purchase another vehicle. Mr. Cobb said they haven't made the decision yet.

The item was motioned To Approve by Travis Smith and seconded by DeWayne Chitwood with a passing result 5-0-0-0-0

6.F. Consideration of Budget Amendment #13- 7:00 PM

Presented by Lisa Nolen. To move $40,000 funds from General Fund to cover trash truck repairs on three vehicles and to have funds to cover the rest of the fiscal year for the Sanitation Department. Mayor Simonds asked how much is budgeted for repairs to equipment. Mrs. Nolen said for that line item there was $18,000 budgeted. Mayor Simonds asked if the vehicles are up and running now. Mr. Cobb said they were.

Under discussion, Councilmember Bonham asked if we have identified the problem or what would prevent us from going $40,000 over budget. Mr. Cobb said there had not been much allocated for preventive maintenance on the fleet. The new Public Works Director is on top of the maintenance schedule now.

The item was motioned To Approve by Scott Bates and seconded by Travis Smith with a passing result 5-0-1-0-0 Abstained by Larry Simonds

6.G. Consideration of Budget Amendment #14- 7:04 PM

Presented by Lisa Nolen. She said this amount will take care of the balance for the Thread Trail grant to pay expenditures. Mayor Simonds asked if all this money was for a treadmill deal. Mayor Pro Tem Bates said it is for the Thread Trail not treadmills. Mayor Simonds complained that Lowell would give all this money and McAdenville will reap the benefits "and we act like a bunch of dummies, providing the funds for them. So I guess you're gonna continue paying $68 grand a year. For what, I don't know." Mrs. Nolen said that this was grant funds that the city received, not paid out. Mayor Simonds said it could still be used for something else. Councilmember Chitwood said to Mayor Simonds "if this money has been specified for that reason, we can only use it for that reason."

Under discussion, Councilmember Robinson said "just for clarification, I don't think this money is being used in McAdenville. I think it is the City of Lowell." Mr. Cobb said the funds are for River Heights [in Lowell]. Councilmember Robinson said the funds tie in to what is being done in McAdenville but is being used in Lowell. Mayor Simonds said something inaudible about the use for the $68,000. Councilmember Smith said there will be a bridge built out there and he brought this up at the last meeting.

The item was motioned To Approve by Travis Smith and seconded by Phil Bonham with a passing result 5-0-1-0-0 Abstained by Larry Simonds

6.H. Designate NCLM Voting Delegate for the FY 25-26 League Board of Directors- 7:04 PM

Presented by Cheryl Ramsey. She said the designee would only be required to a single vote for the 2025-2026 NCLM Board of Directors. Mayor Simonds asked if Mayor Pro Tem Bates was interested in volunteering. He said he could be the delegate.

The item was motioned To Approve by Travis Smith and seconded by DeWayne Chitwood with a passing result 5-0-1-0-0 Abstained by Larry Simonds

To designate Mayor Pro Tem Bates for the voting delegate.

7. Reports / Discussions

7.A. City Manager Report- 7:05 PM

1. Met with engineering firm to assess the needs of the WWTP, along with the Lynn St pump station and the Reid St and Rhyne Oakland Rd stations as well. He said they took down information to get the city a scope to be submitted to the State for the $8million funding and the $800,000 for the Lynn St pump station. He was told it would be about a month before he gets the results of the scope. He will provide the information to council as soon as he receives it. He said for the Lynn St pump station, there was a cost savings waiver that he applied for. He hasn't gotten the approval back yet, but the city did meet the criteria for the cost savings of $200,000 where the city would not have to supply in order to receive the grant. Councilmember Bonham asked if generators will be included. Mr. Cobb said yes, for the lift stations.

2. FY26 Budget draft has been sent to council for review. He suggested contacting him to ask any questions.

3. Easter Egg Hunt will be this Friday (April 11, 2025) at 6pm at Harold Rankin Park.

4. He and Councilmember Smith will be attending an Elected Officials meeting on tomorrow night (April 9, 2025) in Mt. Holly.

5. Thanked staff for everything they do.

7.B. City Attorney Report- 7:07 PM

Nothing to discuss.

7.C. Mayor and City Council General Discussion- 7:08 PM

1. Councilmember Chitwood thanked all of the employees for the work they do. He said he knows it is a lot of hard work and thanked them.

2. Councilmember Smith gave a quick update on the 85 widening project. He said at the MPO meeting, they were told the design build is starting this summer which takes 18-24 months. Railroad and bridges will be the first step. He said that DOT is saying when the project starts, there will be no lanes closed during construction. He doesn't know how that will be possible but is what DOT is saying currently. Councilmember Robinson asked about an update on the upfitting at the underpasses (bridges). Mr. Cobb said the 85 Betterments group was supposed to do a presentation tonight but they moved it to the May meeting.

8. Closed Session

9. Adjournment

9.A. Meeting Adjournment- 7:10 PM

The item was motioned To Adjourn by Scott Bates and seconded by Shane Robinson with a passing result 5-0-0-0-0