Mooresville Board of Commissioners

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					                                     Minutes
                       Mooresville Board of Commissioners
                                November 5, 2007
                        6:00 p.m. – Mooresville Town Hall

Agenda Briefing
Friday, November 2, 2007 - 8:30 a.m. – Mooresville Town Hall

Present: Mayor Bill Thunberg. Commissioners Mac Herring, Mitch Abraham, Danny
Beaver, Thurman Houston, Town Manager Jamie Justice and Town Attorney Stephen P.
Gambill.

Absent: Commissioners Frank Rader and Chris Carney.

Also Present: Maia Setzer, Director of Administration and Finance; Craig Culberson, Senior
Planner; Allison Kraft, Engineer; Wes Greene, Fire Chief; Kendall Hillard, Police Captain;
John Finan, Public Works Director; Janet Pope, Town Clerk.

1. Yvonne Hart presented the Mill Village Revitalization Committee year-end report.

2. Staff was present to address any questions or concerns pertaining to the agenda.

3. Unadvertised item: Dan Brewer presented an update on the skate park.

Mayor Thunberg adjourned the briefing at 9:25 a.m.

Regular Meeting
6:00 p.m. – Executive Board Room

Present: Mayor Bill Thunberg. Commissioners Chris Carney, Frank Rader, Mac Herring,
Danny Beaver, Thurman Houston, Mitch Abraham, Town Manager Jamie Justice and Town
Attorney Stephen P. Gambill.

Also Present: Erskine Smith, Assistant Town Manager; Tim Brown, Planning Director;
Maia Setzer, Director of Administration and Finance; Craig Culberson, Planner; John Crone,
Police Chief; Wes Greene, Fire Chief; Tonia Wimberly, Engineering Division Supervisor;
John Vest, Public Utilities Director; Jim King, Planner; Janet Pope, Town Clerk.

Public Comment: Mac Herring read an article about Guy Fawkes Day and the freedom to
worship God as a fundamental piece of the fabric of America.

Joe Cullen gave an update on MI Connection. He announced the Beautification Committee
will have a Christmas tree on the square and a community Christmas lighting is scheduled for
December 1.

Lennie Caldwell talked about reducing the speed limit and speed bump on Oak Street. They
would also like a sign for their neighborhood watch.

Mayor Thunberg opened the meeting at 6:13 p.m. Dr. Steve Gouge from Southside Baptist
Church gave the invocation. Mayor Thunberg led the Pledge of Allegiance.
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1. Nydia Ferral, Executive Director of the Community Housing Development Corporation,
   presented a certificate of appreciation to the Town of Mooresville.

2. Employee Recognition:
   John Finan introduced Bennett Brown, Buildings and Grounds Maintenance Superintendent
   Maia Setzer introduced Amanda Martin, Administration

3. Adjustments to the Agenda.

Action: A motion by Mr. Abraham, seconded by Mr. Herring, to approve the Agenda
with the following adjustments and the Consent Agenda was unanimously approved.
A. Consent Item d. – Move to regular agenda
B. Consent Item n. – Add to consent agenda
C. Consent Item o. – Add to consent agenda
D. Agenda Item #22 – Move to after closed session
E. Add to Closed Session – Property Acquisition – G.S. 143-318.11(a)(5)
                           Thomas T. Brantley Heirs – 2523 Charlotte Highway

4. Consent Agenda Items Approved:

a. Minutes for the Town Board Meeting of August 27, 2007, September 24, 2007 and
   October 1, 2007.
b. Adjustments to the Town Tax Scroll for 2007: (attachment included)
        Releases – Previous Years - $1,020.57
           Releases – 2007 - $69,850.24
        Additions – 2007 - $12,486.02
           Vehicles - $176,043.16
c. Re-adopted the following plans and policies for the implementation of the 2006
   Community Development Block Grant (CDBG) project which involves the installation of
   public infrastructure for the Burke Dale residential subdivision. Plans and policies
   include: Local Economic Benefit Plan (Section 3), Equal Employment and Procurement
   Plan, Residential Anti-Displacement and Relocation Assistance Plan, Procurement and
   Conflict of Interest and a Citizen Participation plan. The NC Department of Commerce
   is the pass through agent for the CDBG funds and requires that specific documents/plans/
   policies be adopted. (attachment included)
d. Moved to regular agenda: Consider approving a Development Agreement with the
   Community Housing Development Corporation (CHDO) for the Burke Dale Subdivision.
   The agreement is a requirement to implement the recently received Small Cities
   Community Development Grant (CDBG) from the NC Department of Commerce,
   Division of Community Assistance (DCA). The development agreement spells out the
   duties of the development partners; specifically the Town using CDBG, HOME and
   Town funds will install the required infrastructure per approved plans and the CHDO will
   build the houses for the 24 lot subdivision in Cascade.
e. Adopted a resolution and approved a Municipal Agreement with NCDOT for inspection
   of bridges on the municipal street system. The State will pay 80% of the cost and the
   Town will pay the remaining 20%. This is for the White Oaks culvert and the McLelland
   Avenue culverts. The inspections are required every two years. (attachment included)



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f. Consider approving the following requests for utility service. Annexations will be
   considered in June 2008. All utility extensions are subject to the Wastewater Treatment
   Plant expansion and adequate capacity. Double rates will apply until annexation.
   1. David C. and Barbara B. Smith (water and sewer)
       The property is located at 432 Oak Tree Road (.64 acre)      PIN 4637-33-6206
       The owner will be financially responsible for extending the utilities to the property.
       Water and sewer will have to be extended to the property. (attachment included)
   2. Mock Properties, LLC (water and sewer)
       The property is located at 133 and 137 Crossrail Road (6.7 acres)
       PIN’s 4656-00-5604, 4656-00-6596, 4656-00-6743 and 4656-00-7803
       The owner will be financially responsible for extending the utilities to the property.
       Water is adjacent to the property. Sewer is available through the adjacent commercial
       site. (attachment included)
g. Approved a request from Burke Builders and Developers for a High Impervious Option
   of the Watershed Regulations. The applicant is requesting the High Impervious Option in
   order to revise development plans for the Emerald Green project on Highway 21 South.
   (attachment included)
h. Approved a budget amendment in the amount of $15,000 recognizing fees received by
   the Fire Department exceeding the current year budget. The fees will help offset
   expenses related to the mold removal at Fire Station #2. (attachment included)
i. Approved a budget amendment in the amount of $11,820,000 recognizing the sale of
   bonds for Streets and Recreation. This amendment also reverses the amendment
   approved by the Board on September 4, 2007 related to the purchase of property on
   Cornelius Road. (attachment included)
j. Approved Change Order #2 for the Tyler Technologies, Inc. contract approved on August
   6, 2007. The change order amends the total contract price from $402,180 to $402,130.
   The change order removes the option to convert existing purchase orders from the legacy
   software to Munis, adds the option to convert the vendor file from the legacy software to
   Munis, and adds one-half training day. Staff will enter into Munis any open purchase
   orders that exist on December 31, 2007 rather than convert that data. Munis will convert
   over 8,000 vendor records rather than staff manually entering that data. The additional
   one-half training day can be used at any time during the system implementation.
   (attachment included)
k. Authorized the Town Clerk to certify annexation petitions received from the following:
   1. Ronnie and Lee Smith – Deerfield Business Park, Phase II (49.38 acres) (attachment
       included)
   2. Ronnie and Lee Smith – Deerfield Business Park, Phase II, Lot 20, Exmore Lane
       (7.32 acres) (attachment included)
   3. Stutts Family Limited Partnership – Ervin Road (72 acres) (attachment included)
l. Approved a budget amendment in the amount of $14,000 for Historic Preservation
   Commission within the Planning Department’s annual budget. These funds will
   supplement the current fiscal year appropriation. The funds were received for the recent
   Mooresville Historic Homes tour. (attachment included)
m. Awarded a 48 month lease to Yamaha Golf Car Company for 66 2008 Yamaha gas
   powered golf carts in the amount of $41,250 annually. This price includes two (2)
   UMAX utility cars at no charge. This is a true lease in the sense that at the end of the
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      term the carts will be returned to Yamaha without any ownership transferred to the Town.
      (attachment included)
   n. Approved a request from the Fire Department to apply for the 2008 Homeland Security
      Grant Program which is a non-matching grant for Domestic Preparedness and Readiness.
      Grant monies will be used to augment our radio system expansion project. (attachment
      included)
   o. Approved a request from the Fire Department to apply for a Fire Prevention Grant
      through the Department of Homeland Security. The grant will be used to purchase a fire
      prevention safety and sprinkler trailer that will not exceed $70,000. The grant will be
      used to enhance our current level of fire prevention programs. This grant is a “matching”
      grant and will require a match of 10%. (attachment included)

   5. Maia Setzer, Director of Administration and Finance, presented the Financial Summary
      Report for three months ending September 30, 2007.

   6. Mr. Justice presented the Manager’s Report. He reported on the citizen survey,
      recreation has moved offices to the Ceramics House, development process, engineering
      standards and water conservation.

      Mr. Smith reported on the skate park, Bellingham and Nesbit parks, the Cornelius
      property and Mazeppa Road Park.


7. Public Hearing to consider a Subdivision Variance request from Community Housing
   Development Corporation.

   The Town Attorney advised those presenting evidence to the Board to please remember the
   Board, by law, must base their decision on facts and not opinions. Consequently, the Board
   cannot consider non-expert personal opinions or hearsay testimony. Witnesses are welcome
   to present documents, photographs, maps or other exhibits that are relevant to the hearing. In
   order for the Board to issue this conditional use permit, it must make four findings of fact (see
   attachment). Please remember that factual testimony must be relevant to one or more of the
   four findings of fact. While certainly important, a person’s individual feelings about such
   things as the project’s impact on schools and traffic are not matters that the Board can or
   should consider when deciding on the four findings of fact. If evidence is to be introduced to
   show the impact the project will have, factual evidence must be presented, not personal
   opinion. To better facilitate this hearing, the four findings of fact will be projected so all can
   remain focused on the decision the Board must make.

   The meeting recessed for three minutes due to technical difficulties.

   Mayor Thunberg opened the Public Hearing at 6:40 p.m.
   Mr. Brown was sworn to give testimony in this matter. He presented the request.

   Nydia Ferral was sworn to give testimony in this matter. She is Executive Director of

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   Mooresville-South Iredell Community Housing Development. They are building two houses
   in the Sharpe Street area. She said about 60% of lots located on Sharpe Street are only 60 feet
   wide. Also 367 Sharpe Street is 41 width of size. The sizes of the lots varying from 41 feet to
   80….the lots that she mentioned is the lots they want is what is already on Sharpe Street.
   They are currently building on the lot that is 41 feet wide.

   Mayor Thunberg closed the Public Hearing at 6:48 p.m.

Action: A motion by Mr. Abraham, seconded by Mr. Carney, to approve the Findings of
Fact and the Subdivision Variance request subject to staff recommendations was
unanimously approved. The property located at 353 Sharpe Street is further referenced by
Iredell County Tax Map PIN 4666-19-9667. The approved request will allow relief of the
Subdivision Ordinance and the underlying zoning district that requires a minimum 60 feet
of lot width. (attachment included)


8. Public Hearing to consider a Subdivision Variance request from Community Housing
   Development Corporation.

   Mayor Thunberg opened the Public Hearing at 6:53 p.m.
   Mr. Brown was sworn to give testimony in this matter. He presented the request.
   Mayor Thunberg closed the Public Hearing at 6:55 p.m.

Action: A motion by Mr. Abraham, seconded by Mr. Houston, to approve the Findings of
Fact and the Subdivision Variance request subject to staff recommendations was
unanimously approved. The property located at 354 Sharpe Street is further referenced by
Iredell County Tax Map PIN 4666-19-9971. The approved request will allow relief of the
Subdivision Ordinance and the underlying zoning district that requires a minimum 60 feet
of lot width. (attachment included)


9. Public Hearing to consider an Establishment of Zoning request from the Mooresville
   Planning Department.

   Mayor Thunberg opened the Public Hearing at 6:56 p.m.
   Mr. Culberson presented the request. There was no public comment.
   Mayor Thunberg closed the Public Hearing at 6:57 p.m.

Action: A motion by Mr. Abraham, seconded by Mr. Beaver, to approve the Statement of
Reasonableness and the Establishment of Zoning request subject to staff recommendations
was unanimously approved. The property located at 113-143 Cornelius Road and 2186
Charlotte Highway is further referenced by Iredell County Tax Map PIN’s 4658-53-1848,
4658-53-0838, 4658-43-9839, 4658-43-6956, 4658-44-4051, 4658-44-3055, 4658-43-5959,
4658-43-7943, 4658-43-8941, 4658-53-2859 and 4658-53-0579. The property was rezoned
from RA (Residential Agricultural-Iredell County) to R20 (Suburban Residential-Town of
Mooresville). (attachment included)
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10. Public Hearing to consider an Establishment of Zoning request from the Mooresville
    Planning Department.

   Mayor Thunberg opened the Public Hearing at 6:56 p.m.
   Mr. Culberson presented the request.

   Stanley Goodman said by changing this, what effect will it have on them being in the town
   versus being in the county? Is there any change as far as taxation or anything like that? Mr.
   Culberson said there should not be any changes to the taxes because they are not being
   brought into the city which would require the additional taxes. They will be taxed solely
   under the county. The Town only has zoning authority. Mr. Goodman said he had been
   working for a long time on trying to find where the contamination was coming from.

   Mayor Thunberg closed the Public Hearing at 7:05 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Carney, to approve the Statement of
Reasonableness and the Establishment of Zoning request subject to staff recommendations
was unanimously approved. The property located on the northwest and southwest corners
of Charlotte Highway at Cornelius Road is further referenced by Iredell County Tax Map
PIN’s 4658-54-4342 and 4658-54-3024. The property was rezoned from NB (Neighborhood
Business-Iredell County) to NB (Neighborhood Business-Town of Mooresville).
(attachment included)


11. Public Hearing to consider an Establishment of Zoning request from the Mooresville
    Planning Department.

   Mayor Thunberg opened the Public Hearing at 7:07 p.m.
   Mr. Culberson presented the request. There was no public comment.
   Mayor Thunberg closed the Public Hearing at 7:08 p.m.

Action: A motion by Mr. Abraham, seconded by Mr. Houston, to approve the Statement of
Reasonableness and the Establishment of Zoning request subject to staff recommendations
was unanimously approved. The property located on Mazeppa Road at Overhead Bridge
Road is further referenced by Iredell County Tax Map PIN 4668-36-0698. The property
was rezoned from RA (Residential Agricultural-Iredell County) to GI (General Industrial-
Town of Mooresville). (attachment included)


12. Public Hearing to consider a Text Amendment to Article 14.4 A and 14.13 B of the
    Mooresville Zoning Ordinance.

   Mayor Thunberg opened the Public Hearing at 7:09 p.m.
   Mr. Culberson presented the request.


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   Mark Greene owns Lakeland Realty. His firm represents a number of property owners in this
   particular area of the 801 and 150 interchange. The only issue he sees with it is the limitation
   of 10-acre sites. There is only one property within that 660 feet radius around the
   interchange that has a property that large. Looking at the public good side of it, you would
   have to put a number of property owners together to be able to put something before you that

   had 10 acres. If that one provision was taken out, you still have full control over anything
   that comes before you. If you allow a smaller site, you would get away from some of the big
   box development. Everything going on now is more community oriented, smaller
   complexes. We don’t want to see a Wal-Mart on every corner.

   B. K. Barringer is an engineer and has had a dog in this fight for a long time. He has some
   existing sites in the industrial park that he thought were grandfathered and to this day does
   not understand exactly how the storm water retention policy overlays on this thing. The
   point he wants to make is referring back to Back Creek watershed. He thinks Kannapolis is
   one that is drawing out of Back Creek. He would suggest to you that this has been a burden
   on our community because of the watershed restrictions WS-II. It’s more restrictive than the
   Catawba River water restrictions. Just remember that when we’re dealing with Kannapolis
   on anything they might want as far as water or something.

   Mr. Greene said his position is….the way he interpreted what was proposed, if you take the
   eight acres out or the specific amount of acres, then the ability to at least ask is there. Right
   now you are taking it off the table. Anybody less than eight acres can’t even ask. He
   corrected to ten. Somebody that is going to do a development is going to have to assemble
   some property in order to meet the watershed guidelines. There are a number of property
   owners out there that have several acres or acre lots adjacent to each other. If they get
   together they have a nice size parcel. You could do something similar to Mt. Mourne
   Springs on Highway 21. It’s not a big box development at all. They are asking for the
   ability to ask.

   Mayor Thunberg closed the Public Hearing at 7:39 p.m.

   Mr. Abraham made a motion to approve the Statement of Reasonableness and the text
   amendment to Article 14.4A and 14.13B of the Zoning Ordinance. Mr. Rader seconded the
   motion.

Action: A motion by Mr. Beaver, seconded by Mr. Carney, to table this text amendment
until amendment of the new zoning ordinance was approved with Commissioners Herring,
Carney, Beaver and Houston voting for the motion and Commissioners Rader and
Abraham voting against the motion. (attachment included)

   The meeting recessed for 14 minutes.




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13. Public Hearing to consider Adoption of the Comprehensive Land Use Plan request from
    the Mooresville Planning Department.

   Mayor Thunberg opened the Public Hearing at 8:02 p.m.
   Mr. Jim King presented the Comprehensive Land Use Plan. This plan will replace the 1999
   Land Development Plan.

   Yvonne Hart said she is thrilled with this. It puts land use in the perspective of the history of
   the town. There is a big emphasis on respecting what is already here and how Mooresville
   came to be. They suggest we continue to emphasize the history of Mooresville as a town that
   grew from industry and we use that to our advantage in recruiting and attracting new
   residences and businesses. They pointed out the Mill Village as being a significant historic
   area in Mooresville and its part of that industrial heritage. Relating to the map of the
   different zones, most of the Mill Village is zoned town residential except this one little area.
   It’s called Messick, Goodnight streets. They somehow got left out. It should all be one
   neighborhood.

   Lisa Knox Carver said her concern is that she is a landowner that has some property on the
   outer edge of this plan. She wants the Board to maintain some flexibility when things come
   before the Board. She doesn’t want you to say, well, in our land use plan is says it’s this and
   that’s what it is going to be. Are you going to maintain some flexibility when issues come
   up? Mayor Thunberg said that is what the conditional use process is designed for is to allow
   consideration of alternatives within a zoning jurisdiction. She’s afraid that it is going to be
   so easy for you to say, well that’s not in the land use plan and won’t consider it. It is a 22
   year projected plan so sometimes when you project out 22 years, that’s not good for the land
   owner.

   Mayor Thunberg closed the Public Hearing at 8:39 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Carney, to adopt the Comprehensive
Land Use Plan as presented was unanimously approved. (attachment included)


14. Emergency Water Conservation Plan.

   Mr. Justice presented the amended Emergency Water Conservation Plan of the Code of
   Ordinances. He has declared Stage III of the emergency plan effective 12 midnight on
   November 5. The Board directed staff to review the use of wells.

Action: A motion by Mr. Herring, seconded by Mr. Carney, to amend Chapter 24. Article
III. Emergency Water Conservation Plan of the Code of Ordinances as presented was
unanimously approved. (attachment included)




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15. Lake Davidson Interlocal Cooperation Agreement.

   The interlocal agreement with the Town of Davidson will regulate Lake Davidson and the
   land adjacent to Lake Davidson. Currently neither Town has zoning jurisdiction over the
   water on Lake Davidson. The Board will be required to take further action at a later date to
   amend the Zoning Ordinance in order to enforce the agreement.

Action: A motion by Mr. Beaver, seconded by Mr. Carney, to table this agenda item until
April 2008 was unanimously approved. Staff is directed to consult with the Lake Norman
Marine Commission, rescue squads and Duke Energy before April. (attachment included)

   Bobby Cashion is a resident of Davidson. He is a former professional water skier and learned
   his skills on Lake Davidson. This is not going to go away and you have to think about land
   usage. We should think about a compromise and get all the constituents together to talk.

   Terry Lord is the president of the Lake Norman Ski Club of which 90% of their members are
   Mooresville residents. He presented a handout concerning marine engines and their effect on
   the environment.

   Nigel Richardson currently lives on the lake. The ones that live on the lake are the ones that
   really care about the condition of it. They have not seen any evidence of power boats causing
   any problems what so ever. The wave action is a non issue. He appreciates the Board giving
   them a chance to voice this because Davidson is just trying to jam it down their throats. The
   lake is landlocked on one side by the interstate. The new land plan has a lot of commercial or
   industrial development. The environmental issues are non issues. There is a river keeper in
   their neighborhood that is constantly testing it trying to prove that it’s bad. The tests keep
   coming up great unless there is a utility spill and then it cleans itself up very quickly.

   Doug Oldenburg lives on Lake Davidson. He came prepared to defend the interlocal
   agreement. Since it is tabled he’s not sure it’s worth spending a lot of time debating it right
   now. He wants to remind you of your October 2006 Mt. Mourne small area plan. On page 53
   it says: Consider restrictions on the size, speed and number of water craft allowed on the lake.
   That pretty much summarizes our case. He wants to encourage you to form a committee with
   the Board at Davidson to see if we can negotiate these things out some way. Then come back
   to this Board and the Davidson Board with a common interlocal agreement. What you have is
   not what the Davidson Board adopted. He is concerned about the long term environment of
   the lake.

   Gary Barnard lives in Davidson on the water. He uses his boat to go to the small island and
   picks up the trash. He has watched people go the island to party for the weekend and leave
   big bags of trash. His opinion is something needs to be done about that rather than the boats
   that are efficient and do not spit oil into the water. They did not have a chance to say a word
   in Davidson. You are their only hope.



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Lance Fox considers himself a steward of the lake. People do not recognize is how many
world champions have come from our lake. About 20% of the lake is Davidson and 80% is
Iredell County. This is part of FERC and the core of engineers and under Duke Power
recommendations. They have done a very comprehensive report evaluating the Catawba
water system. The agreement was between FERC, Duke Power, Duke Energy, Iredell
County, Lincoln County, Mecklenburg County, Mountain Island Lake Association, NC
Department of Environment Natural Resources and others. This is the document that we
spent millions of dollars on from our federal government to analyze the shoreline use, the
quality of water and it was summarized in 159 page FERC recommendation which was
endorsed by North Carolina and the cities.

Bill Team lives in Davidson. The issue is really what we want this lake to be. Lake
Norman is obviously a commercial lake. Lake Davidson could be a different kind of lake.
The issue is do we want this lake to be a special kind of lake for recreation or do we want it to
be a multi use lake with all kinds of power boats. We have to decide. It’s only 350 acres. It’s
not made for skiing, power boats or 250 hp motors. It’s made for recreation.

Bill Adams lives on Lake Davidson. He has a 140 hp motor with a four stroke engine and he
is seeing oil dumped into the lake with two stroke engines. He got a pier permit from Duke
Power and the agreement says he cannot have a dock after he built one 18 months ago. There
was nothing in the pier permits that ever said anything about a 10 hp rule anywhere. He
doesn’t understand how government can retroactively go back and legislate to homeowners on
something that is already complete. Lake Davidson Estates is concerned about that. They are
part of Iredell County but there is always the possibility they’ll be annexed by Mooresville or
Davidson. In that case they would be subject to any agreement by the two parties. What do
you do about individual property rights? If this isn’t resolved, the property values on Lake
Davidson Estate Homes are going to decline.

Pam Dykstra shared some facts about motor pollution and horsepower. Many are concerned
about the safety on Lake Davidson. Lake Davidson has surface acres of 343. Lake Norman is
32,475. Lake Davidson has no input or output. She quoted from the Duke Power study.

Kathy Goode is a resident of Davidson and Mooresville. She represents the swimmers on the
lake. They have many champions in the area and there is no where in open water to swim.
She tries to swim in Lake Davidson and it’s a wonderful place. One boat gets out there and
it’s really scary.

Wade Smith lives in Huntersville and his concern is he has a full size fishing boat. He does
not want to downsize his boat to a 10 hp. He has seen nothing but respect from the fishermen
when canoeists are on the lake. There needs to be some compromise to watch the waters
there. He wants to defend the lake.

Chris Balance does not live on the lake but uses the boat access. The 10 hp is more dangerous
for the swimmers. The front of the boat will be up and you will not be able to see. It’s not
just the people that live on the lake, it’s everyone.

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   Becky Fox is a Mooresville resident and an avid water skier. Since its creation, Lake
   Davidson has been used for water skiing by the community. Her ski team has used the site to
   teach over 100 children how to ski. They go there because of the safe environment,
   something you can’t do on Lake Norman or Lake Wylie. She is asking you to not make this
   decision in haste. Please allow the community to continue using the lake as it was established
   and allow them to have a safe place where they can teach the children how to ski, how to be a
   better boater and respect the environment.

   Justin Landers lives in Charlotte. Why are the skiers on Lake Davidson? It’s small and has
   an old road for a boat access. They are there because of the water conditions. They drive
   boats that are designed to make a small wake. They drive in a straight line back and forth
   because they don’t want to ski over their own wakes much less anyone else’s. It’s difficult to
   get some real nice water for the avid skier in Lake Norman. That’s why they’re there. They
   want the opportunity to stay there.

   Gabe Swing lives in Davidson. He is a swimmer and has never felt in any danger. It has been
   an extremely safe place for him to swim.


16. Surplus Property.

   The property on Highway 21 is a 2.39 acre (PIN 4658-65-1585) tract purchased in 2003
   valued at $61,520. The Town has received several inquiries about the purchase of this
   property. Once the resolution is adopted declaring the property surplus, the property would
   be advertised for sale and bids would be received. The Board would then determine if the
   bid is acceptable or not. If accepted, an offer to purchase contract would be prepared for the
   terms of sale.

   No action taken on this item.


17. Change Order #1 – Bellingham Park, Phase II

   Change Order #1 in the amount of $38,654.15 to the Mountain Creek Contractors, LLC
   contract is to relocate an existing sewer line. This will increase the contract amount from
   $1,595,550 to $1,634,204.15.

Action: A motion by Mr. Herring, seconded by Mr. Houston, to approve Change Order #1
to the Bellingham Park, Phase II project in the amount of $38,654.15 was unanimously
approved. (attachment included)


18. Consider approving a Development Agreement with the Community Housing Development
    Corporation (CHDO) for the Burke Dale Subdivision. The agreement is a requirement to
    implement the recently received Small Cities Community Development Grant (CDBG) from
    the NC Department of Commerce, Division of Community Assistance (DCA). The
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   development agreement spells out the duties of the development partners; specifically the
   Town using CDBG, HOME and Town funds will install the required infrastructure per
   approved plans and the CHDO will build the houses for the 24 lot subdivision in Cascade.

Action: A motion by Mr. Carney, seconded by Mr. Beaver, to approve the Development
Agreement with the Community Housing Development Corporation (CHDO) for the Burke
Dale Subdivision with changes approved by the Town Attorney was unanimously
approved. (attachment included)


19. New Business

   Commissioner Herring would like for staff to look at an Adopt-a-Street policy.


20. Closed Session – G.S.143-318.11
    A. Economic Development – G.S. 143-318.11(a)(4)
    B. Property Acquisition – G.S. 143-318.11(a)(5)
          Opal O. Simms – 2262 Charlotte Highway
          Thomas T. Brantley Heirs – 2523 Charlotte Highway

Action: A motion by Mr. Beaver, seconded by Mr. Carney, to go into closed session to
discuss economic development and property acquisitions was unanimously approved.


MINUTES FOR THE CLOSED SESSION HAVE BEEN RECORDED AND SEALED UNTIL
PUBLIC INSPECTION WILL NO LONGER FRUSTRATE THE PURPOSE OF THE
CLOSED SESSION.


21. Following the closed session, the Board returned to open session.


22. Bandit Lane Property.

   Consider adopting a resolution accepting a bid from LB Builders Construction Group, Inc. in
   the amount of $1,375,000 for the 23.297 acres located at the end of Bandit Lane. If the
   Board agrees to sell the property, the Town will develop an offer to purchase contract for the
   terms of the sale.

   Commissioner Herring made the motion to reject the bid. Commissioner Rader seconded the
   motion.

Action: A motion by Mr. Carney, seconded by Mr. Abraham, to table this item until the
December meeting was unanimously approved.

                                                                                               12
                                          Minutes
                                     Board of Commissioners
                                        November 5, 2007



Action: A motion made by Mr. Houston, seconded by Mr. Beaver, to adjourn the meeting
was unanimously approved.


The meeting was adjourned at 11:13 p.m.




   Janet Pope                                          Bill Thunberg
   Town Clerk                                          Mayor




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