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									                                     Minutes
                       Mooresville Board of Commissioners
                             Monday, August 4, 2008
                        6:00 p.m. – Mooresville Town Hall

Agenda Briefing
Friday, August 1, 2008 - 8:30 a.m. – Mooresville Town Hall

Present: Mayor Bill Thunberg. Commissioners Frank Rader, Mac Herring, Chris Carney,
Miles Atkins, Thurman Houston, Mitch Abraham, Town Attorney Stephen P. Gambill and
Interim Town Manager Erskine Smith.

Also Present: Ryan Rase, Engineering Manager; John Vest, Public Services Director; Jackie
Moore, Human Resource Director; Craig Culberson, Planner; Carl Robbins, Interim Police
Chief; Maia Setzer, Director of Administration and Finance; Jeff Brotherton, IT Supervisor;
Wes Greene, Fire Chief; Curt Deaton, Assistant Fire Chief; Tim Brown, Planning Director;
Lisa Hammond, Risk Manager; Janet Pope, Town Clerk.

1. Sanitary Sewer Issue at Mooresville Intermediate School.

Action: A motion by Mr. Abraham, seconded by Mr. Houston, to approve a contract
with Godwin Pumps of America, Inc. to provide a temporary pump unit and associated
by-pass line to serve the new Mooresville Intermediate School for a period of 90 days at
an estimated cost not to exceed $75,000, renewable for an additional 90 days if
necessary and authorize the Manager to negotiate with the MGSD for a cost-sharing on
both the temporary and permanent methods of providing sanitary sewer service to the
school property was unanimously approved. (attachment)

2. Closed Session – G.S. 143-318.11
   Personnel – G.S. 143-318.11(a)(6)

Action: A motion by Mr. Abraham, seconded by Mr. Carney, to go into closed session
to discuss personnel 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.

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

Action: A motion by Mr. Herring, seconded by Mr. Abraham, to appoint Steven C.
Husemann as Town Manager for the Town of Mooresville to begin employment no later
than September 2, 2008 was unanimously approved.

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

Mayor Thunberg adjourned the briefing at 10:10 a.m.
                                            Minutes
                                     Board of Commissioners
                                     Monday, August 4, 2008

Regular Meeting
Monday, August 4, 2008 - 6:00 p.m. – Mooresville Town Hall

Present: Mayor Bill Thunberg. Commissioners Chris Carney, Mac Herring, Frank Rader,
Miles Atkins, Thurman Houston, Mitch Abraham, Interim Town Manager Erskine Smith and
Town Attorney Stephen P. Gambill.

Also Present: Ryan Rase, Engineering Manager; Tim Brown, Planning Director; John Vest,
Public Services Director; Wes Greene, Fire Chief; Carl Robbins, Interim Police Chief; Craig
Culberson, Planner; Maia Setzer, Director of Administration and Finance; Jackie Moore,
Human Resource Director; John Finan, Interim Public Utilities Director; Janet Pope, Town
Clerk.

Public Comment: Mr. Cullen stated that he is not resigning from MI-Connection Board of
Directors because it is in trouble. He is resigning due to the fact that he is pursuing a couple
of personal projects of his own company that would be in direct conflict of interest with his
judiciary duty to MI-Connection.

Beth Sherrill said that it appears that John Crone has violated several town policies and
police procedures. She said he failed to properly account for funds in the Cops for Kids
organization by not documenting how money was spent. She asked why the Board is waiting
for results from an investigation.

Larry Green said he has found himself at a place he has never been before which is having to
walk the streets of the town in which he lives not because of his desire, but because of his
civic duty. He said today’s protest is the manifestation of a lack of confidence in the town’s
government. He said underlying Cops for Kids is gross mismanagement, not only by Chief
Crone, but also by the entire board. Being unaware of the status of CFK as an incorporated
entity is not an excuse. Mr. Green said that there is also the abuse of power and the refusal to
answer questions regarding presentations made by councilman to the police department and
should result in his immediate resignation or this board calling for that resignation. Mr.
Green said since in this town we don’t have the ability to recall officials, he is requesting that
the board begin the process to alter the town charter so that the citizens of this town have an
opportunity to issue a recall.

Rhett Dusenbury spoke about the piece of paper he gets in his water bill each month and how
much it cost according to last year’s fiscal budget. He said the one that said to trust in
government was comical and since he paid for it, he is taking the opportunity to rebut it.

William Conrad said the protest is saying to the board that the people want to have good,
solid, responsible leadership in our town. When they went to the polls, they voted for the
members of the board because they thought they would be good, solid and responsible in
their leadership. He said when he first heard about Chief Crone he did not believe it, but
apparently the truth was being squelched. Then he learned that there was supposed to be an
investigation and it has not started. His other problem is that the Chief is basically on paid
vacation. He is asking for the investigation to be started and to make the public aware of
what is going on so they can regain the trust in leadership.
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                                           Minutes
                                    Board of Commissioners
                                    Monday, August 4, 2008

Fariba Homesley said she is here to ask for Erskine Smith’s resignation. His mishandling of
the Police Chief’s suspension is the latest example of his chronic mismanagement, gross
incompetence and questionable ethics. Enough is enough.

Frank Easton said he has a hard time understanding why Chief Crone is on a paid suspension
when people who have stolen a lot less are in jail. The only reason he can see is he’s in a
position of power. That does not make him any more innocent than anybody else. Just
because his job is to uphold the law does not make him above the law.

William Coleman is an advocate in this town to make better living conditions for minorities.
He said we need more minority workers in this town to be on the streets, to be in the police
department and also in the fire department. We see absolutely none. He watches the police
officers when school is open intimidating the kids and then taking them to the courtrooms
and arresting them. This has got to stop. You must give these kids more respect and they’ll
give you more respect. He is here to support the protesters.

Kevin Little’s concern is with the children. He was at the meeting in June asking about land.
They’ll buy the land. The kids don’t have any place to go where they can be helped. They
are out all hours of the night and hanging out down by the creek smoking or drinking. He
wants to help the community and have a facility where these kids can be taught.

Stephen Bennett said we have an illegal immigration problem in our nation, in our state and
in our communities. Illegal aliens are costing taxpayers more than $100 billion every year
according to U.S. Congressman Dean Heller. In 1990, there were 26,000 illegal aliens in
North Carolina. Currently it is estimated that there are now 600,000 here. We will continue
to have a large influx of illegals into our state because northern Virginia, Georgia and South
Carolina have all passed restrictive illegal immigration control laws. As these states crack
down on illegals operating there, they will move to where the environment is more
welcoming. Our State Assembly has essentially done nothing to follow suit. On September
19 in Raleigh a workshop is being held on what local governments can do about illegal
immigration. He strongly urges the Board to send representatives to this program.

David Goebelt made comments on the public acquisition of Adelphia now known as MI-
Connection. One person says the government should be small and shouldn’t own business
and the other person says government owns a business and it will be able to build more parks
and schools without increasing taxes. Central management doesn’t have the capacity to
compete with free markets. In our specific case, we see that to be true given the fact that at
this point our government has paid $92.5 million for an $80 million asset. He said that cable
is not a basic necessity and should not be managed by the town. Mr. Goebelt said the only
answer is to recognize the acquisition was a mistake and sell the company as soon as possible
to minimize financial damage to the town. Concerning the issue of Cops for Kids and Chief
Crone, given the nature of the profession a police chief should be beyond reproach. He is
disappointed that we have to investigate the question of impropriety by the Chief. He seems
to have high standards for his officers and those standards should be applied to him as well.




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                                         Minutes
                                  Board of Commissioners
                                  Monday, August 4, 2008

Mayor Thunberg called the meeting to order at 6:33 p.m. Rev. Andrea Smith gave the
invocation. Mayor Thunberg led the Pledge of Allegiance.

1. 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. – Remove from agenda
B. Consent Item s. – Remove from agenda
C. Consent Item t. – Move to regular agenda
D. Consent Item u. – Add to consent agenda – Consider approving a non-exclusive
       right-of-way agreement from the Town to Windstream North Carolina LLC.
       This agreement affects only the Burke Dale Subdivision
E. Closed Session – Add to Property Acquisition – G.S. 143-318.11(a)(5)
                     Crescent Resources – Parkertown Road

2. Consent Agenda Items Approved:

a. Minutes for the Town Board meetings of June 10, 2008, June 23, 2008, July 7, 2008 and
   July 10, 2008.
b. Adjustments to the Town Tax Scroll for 2008: (attachment included)
       Releases – Previous Years - $6,046.91
           Releases – 2008 - $4,174.86
       Additions – 2007 - $4,418.10
           Additions – 2008 - $15,696.27
       Vehicles – $163,957.14
c. Approved a request from Public Works Division to increase the price to purchase a trash
   can from $50 to $60. The Town’s supplier for trash cans has increased their price from
   $51.00 to $56.50 per can.
d. Removed from agenda: Consider approving the installation of a speed hump in the 300
   block of West Center Avenue and a speed hump in the 400 block of West Center Avenue.
   The Town recommends the installation of our standard speed humps. However, if the
   neighborhood wishes to install other traffic calming devices such as a speed table, the
   work would have to be contracted out and any additional costs beyond the Town’s
   standard speed humps would be the responsibility of the property owners.
e. Approved an Interlocal Agreement between Iredell County and the Town of Mooresville
   to cede plan review for purposes of fire protection. The agreement will allow for
   efficient review of building plans for fire code compliance by the Town that otherwise
   would be subject to review by Iredell County. Another purpose is to provide assistance
   in plan review when a person or builder is caught between two different jurisdictions
   where a project begins under the control of the county and is completed under control of
   the Town. (attachment)
f. Appointed Bill Morrow and Maia Setzer to the Mooresville Fireman’s Relief Fund for a
   term to expire in January 2009.
g. Approved revised job descriptions for Assistant Fire Chief/Operations and Assistant Fire
   Chief/Safety and Training. Two special requirements have been added to the Assistant
   Fire Chief/Safety and Training job description and references to training and safety
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                                            Minutes
                                     Board of Commissioners
                                     Monday, August 4, 2008

     requirements were removed from the Assistant Fire Chief/Operations description.
     (attachment)
h.   Approved condemnation proceedings for the following:
     Gravel Streets Improvement Project (Phase II)
     1. Pam Westmoreland Sholar                $8,250      (attachment included)
         470 Hager Lake Road PIN 4666-06-7311
            Permanent Right-of-Way                 0.129 acre (5,609 square feet)
            Temporary Construction Easement 0.063 acre (2,757 square feet)
     2. BMA/Stonewood Apartments           $1,000      (attachment)
         Stonewood Drive       PIN 4666-06-3606
            Permanent Right-of-Way                 0.011 acre (498 square feet)
            Temporary Construction Easement 0.012 acre (525 square feet)
     3. Connie Belcher/Selena Ross             $100        (attachment)
         Ogburn Street PIN 4657-71-2146
            Temporary Construction Easement 0.023 acre (1,017 square feet)
i.   Approved the following requests for utility service based on the Sewer Allocation Policy
     adopted on February 11, 2008. Voluntary annexation petitions have been filed in
     accordance with the Town of Mooresville Utility Extension Policy. Annexation will be
     considered in June 2009. Double rates will apply until annexation:
     1. 98 Properties LLC (water and sewer)
         Oates Road (10 acres) PIN 4647-87-6975            (attachment)
         The owner will be financially responsible for extending the utilities to the property.
         Water and sewer are adjacent to the property.
     2. Robert Rudisill (water and sewer)
         246 and 268 Kistler Farm Road (16 acres) PIN’s 4666-61-6176, 4666-60-6847
         The owner will be financially responsible for extending the utilities to the property.
         Water and sewer are adjacent to the property. (attachment)
     3. Shawn Ulikowski (water)
         120 Audrey Lane (.62 acre)        PIN’s 4638-72-1951, 4638-72-0905
         The owner will be financially responsible for extending the utilities to the property.
         Water will have to be extended to the property. (attachment)
j.   Accepted two grants from Williamson Chapel United Methodist Church and Williamson
     Chapel Methodist Men’s Club in the amount of $500 for the Winnie Hooper Center to be
     used for summer programming and appropriated the funds to the FY 2009 budget.
     (attachment)
k.   Adopted a resolution amending Chapter 14, Nuisances, of the Mooresville Code of
     Ordinances. (attachment)
l.   Adopted a resolution amending Chapter 15, Offenses and Miscellaneous Provisions, of
     the Mooresville Code of Ordinances. (attachment)
m.   Adopted a resolution amending Chapter 20, Streets and Sidewalks, of the Mooresville
     Code of Ordinances. (attachment)
n.   Adopted the Mooresville Minimum Housing Standards Ordinance with amendments.
o.   Approved a request from the Planning Department to apply for a Clean Water
     Management Trust Fund (CWMTF) Greenway Planning Mini-Grant for the Dye Creek
     Greenway. The amount of the grant is $25,720 (80%) and the Town’s match is $6,430
     (20%). Expenditures and reimbursement will occur during the 2009 fiscal year. The
     match will be funded by the FY 2009 Parks and Recreation budget. (attachment)
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                                          Minutes
                                   Board of Commissioners
                                   Monday, August 4, 2008

p. Approved a reimbursement agreement with R. Steven McGlothin, Manager of
   Automotive Collision Experts LLC in the amount of $42,500 for the Midnight-Oates
   Bridge over I-77 Feasibility Study. Mr. McGlothin has entered into a contract with Chas
   H. Sells in the amount of $85,000 to complete the study that is projected to take
   approximately eight months to complete. Mr. McGlothin has asked for the Town to pay
   half the cost and will be funded by the FY 2009 Planning budget. (attachment)
q. Awarded a contract to Sutphen Corporation for a Sutphen Custom Fire Pumper Truck in
   the amount of $381,097. This contract is based on a “piggyback” of the City of Bowling
   Green, Kentucky’s award of such a vehicle on April 2, 2008. (attachment)
r. Approved a request from Chas. H. Sells on behalf of Mr. Ted Dubose and Mr. Dana
   Dubose for an Extension of Vesting for the proposed Meadows at Coddle Creek
   Subdivision. They are requesting a time extension for the vesting rights for the existing
   zoning for this project from two years to five years. (attachment)
s. Removed from agenda: Consider a request from Chas. H. Sells on behalf of Mr. Ted
   Dubose and Mr. Dana Dubose for a Time Extension for the Memorandum of
   Understanding (MOU) for sewer allocation for the proposed Meadows at Coddle Creek
   Subdivision. The applicant would like to tie their construction schedule to obtaining
   offsite sewer easement.
t. Moved to regular agenda: Consider approving a budget amendment in the amount of
   $3,250,000 for the purchase of approximately 50 acres from the Thomas T. Brantley
   heirs. The property is located at 2523 Charlotte Highway.
u. Approved a non-exclusive right-of-way agreement from the Town to Windstream North
   Carolina, LLC. This agreement affects only the Burke Dale Subdivision.

3. Mr. Smith presented the Manager’s Report. He reported on the pilot recycling program,
   the new Town Manager, Mr. Steve Husemann, has his town e-mail set up, the
   Downtown Master Plan kicks off on Tuesday, August 5. There is a lunch presentation
   for the Board on Thursday and the wrap-up of the Downtown Master Plan will start at 7
   p.m. on Friday. Mr. Smith reported on the NC-3 project, Nesbit, Bellingham, the skate
   park, Dye Creek Master Plan, Cornelius Park, Mazeppa Road Park, Recreation Master
   Plan, MIS sewer situation, and property acquisitions.

4. Mr. Ron Johnson, Chairman of the Mooresville Travel and Tourism Authority, presented
   a budget update and a brief overview of what they do.


5. Continuation of a Public Hearing – Adoption of Gross Receipts Ordinance.

   This Public Hearing was continued at the June 23 meeting until the August 4 Board
   meeting.

   Mayor Thunberg reopened the Public Hearing at 6:49 p.m.
   Mrs. Setzer presented the request.

   Commissioner Herring asked if we do not implement this, our recourse for funding
   transportation issues is to continue to use the General Fund which basically increases


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                                          Minutes
                                   Board of Commissioners
                                   Monday, August 4, 2008

   taxes on Mooresville residents versus a sales tax or gross receipts tax which would put a
   tax on those who spend money in Mooresville? Mrs. Setzer said that was correct.

   Karen Shore, President and CEO of the Mooresville-South Iredell Chamber of
   Commerce, spoke in opposition of the Gross Receipt Tax. She said it is viewed as
   inequitable, an additional burden on the taxpayer to administer this plan and an additional
   expense on the businesses at a time that is difficult for most of us. Her request to the
   Board is to reject the proposed Gross Receipt Tax and allow them to continue with their
   study because they believe it would be of great benefit to the entire community to
   formalize this task force with the Board’s blessing so that we can all move forward in a
   very positive fashion. Ms. Shore read a letter from the Economic Development
   Corporation that stated they were not in favor of passing the proposed amendment.

   Don Towne, co-owner of The Pit Indoor Car Track, expressed his concern and opposition
   to the proposed Gross Receipt Tax. He understands and appreciates the need to raise
   revenue, but to penalize small businesses like his while allowing other much larger
   companies a free pass or a reduced pass is not a way to accomplish your goal. The list of
   professions that the state legislature exempts or caps from the new tax is over a page and
   there is a second page of goods that are exempted or capped. That leaves small
   businesses like The Pit to bear the burden.

   Matt Messmer works for Cardinal FG. As he has learned more about the Privilege Tax, it
   has become even clearer that it is a very unfair tax with the businesses that it chooses to
   tax, leaving many of the banks, law firms and the downtown businesses exempt. He
   again just wanted to note their opposition to the tax and hopefully it does not pass.

   Mayor Thunberg closed the Public Hearing at 7:03 p.m.

Action: A motion by Mr. Carney, seconded by Mr. Abraham, to table this item and
create a task force of two Board members, Mrs. Setzer, Chamber of Commerce
appointees and the Economic Development Corporation to look for alternatives for
future transportation funding was unanimously approved.

The meeting recessed for 10 minutes.


6. Public Hearing to consider a Conditional Rezoning request from Robert Thomas
   Johnson.

   Mayor Thunberg opened the Public Hearing at 7:19 p.m.
   Tim Brown presented the request.

   Robert Thomas Johnson is the applicant and lives at the proposed site with his wife. He
   looked at the Trip Generator Manual Code 942 that said peak hour traffic for a body shop
   is 11 vehicles in the a.m. and 13 vehicles in the p.m. Their body shop is not like a Jiffy
   Lube or a tire store. Most of their customers will drop their car off for 2-3 days. He also
   owns the house beside the single-wide. Two employees live there so there will be three
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                                   Board of Commissioners
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   less cars going up 115 and 150 every morning. There will be considerable changes to the
   gravel driveway. Mr. Warren with the Fire Department has worked with him and has
   been a lot of help and his concern for the Fire Department and Town to come through
   there. With time maybe build a street to conform to Town’s needs. With the 70/30 water
   shed, all he can use is about 2.14 acres out of 8.23 and then you have to subtract some
   stuff that is already there that is not grandfathered. He has talked to the neighbors and no
   one has opposed. He wants to be a good neighbor.

   Mayor Thunberg closed the Public Hearing at 7:57 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Houston, to amend the Mooresville
Comprehensive Land Use Plan to reflect the commercial use for this property was
unanimously approved.

Action: A motion by Mr. Carney, seconded by Mr. Herring, to approve the Statement of
Reasonableness and the Conditional Rezoning subject to staff recommendations was
unanimously approved. The property located at 133 Whitman Circle is further
referenced by Iredell County Tax Map PIN’s 4668-11-2229 (portion), 4668-11-5339,
4668-00-9957 (portion) and 4668-10-0988 (portion). The property was rezoned from R-2
(Single Family Residential-2) to CHB (Conditional District Highway Business).
(attachment included)


7. Public Hearing to consider a Rezoning request from Robert A. Coffey.

   Mayor Thunberg opened the Public Hearing at 8:00 p.m.
   Mr. Brown presented the request. There was no public comment.
   Mayor Thunberg closed the Public Hearing at 8:03 p.m.

Action: A motion by Mr. Carney, seconded by Mr. Abraham, to approve the Statement
of Reasonableness and the Rezoning subject to staff recommendations was unanimously
approved. The property located at 237 Dry Dock Loop is further referenced by Iredell
County Tax Map PIN 4657-22-7428. The property was rezoned from R-2 (Residential 2)
to HB (Highway Business). (attachment included)


8. Public Hearing to consider a Rezoning request from Lake Lifestyles, LLC.

   Mayor Thunberg opened the Public Hearing at 8:04 p.m.
   Mr. Brown presented the request. There was no public comment.
   Mayor Thunberg closed the Public Hearing at 8:06 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Houston, to approve the Statement
of Reasonableness and the Rezoning subject to staff recommendations was unanimously
approved. The property located at 264 Langtree Road is further referenced by
Iredell County Tax Map PIN 4645-74-4460. The property was rezoned from R-3
(Residential-3) to VC (Village Center). (attachment included)
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                                   Board of Commissioners
                                   Monday, August 4, 2008

9. Public Hearing to consider a Rezoning request from ASH-BN Properties.

   Mayor Thunberg opened the Public Hearing at 8:07 p.m.
   Mr. Brown presented the request. There was no public comment.
   Mayor Thunberg closed the Public Hearing at 8:09 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Atkins, to approve the Statement
of Reasonableness and the Rezoning subject to staff recommendations was unanimously
approved. The property located at 267 Langtree Road is further referenced by Iredell
County Tax Map PIN 4645-74-6009. The property was rezoned from R-3 (Residential-3)
to VC (Village Center). (attachment included)


10. Public Hearing to consider a Rezoning request from Robert Rudisill.

   Mayor Thunberg opened the Public Hearing at 8:10 p.m.
   Tim Brown presented the request.

   Dan Brewer with Chas. H. Sells, Inc. said North Carolina Department of Transportation
   will require a site distance analysis during the design stage. They aren’t quite at that
   point yet, but the speed limit has been requested to be reduced to 35 mph which makes
   the site distance shorter. They may have to adjust the driveway entrance based on that.
   The access will also be addressed.

   Bob Rudisill said all the lots are 70 feet wide and 120 to 140 feet deep, approximately
   9,000 square feet. He downsized from 60 units to 45 to lessen the impact in the area.

   Richard Lack owns a property in Woodlands which he purchased from Mr. Rudisill about
   three years ago. When he read the notice of the public hearing in the Charlotte Observer
   yesterday, he was concerned with the comment about the traffic which is already
   dangerous because of speeders. He wondered what part Mr. Rudisill had in controlling
   the speeders. He would support speed bumps on Briarcliff, River Birch and a lot more
   enforcement in the area. Mr. Rudisill builds a good neighborhood. He would highly
   recommend approval of the zoning request as submitted with consideration for traffic and
   line site issues with the rise in Kistler Farm as it comes past the school. He would like to
   have consideration for a turning lane on Kistler Farm along the property line and
   sidewalks on both sides of the street.

   Mr. Brown said the applicant would be obligated to build sidewalk along the Kistler
   Farm frontage that would be intended to tie into future sidewalk extensions and to the
   adjoining developments.

   Eric Eckerd lives at 1072 Briarcliff Road which is in Red Oaks. Red Oaks is basically
   two houses per acre. The question is do you want to continue building subdivisions that
   are cul-de-sac. He thinks the recommendation at one time was that the city was not to
   build anymore cul-de-sac neighborhoods. This one is because you do not have the


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                                  Board of Commissioners
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rights to go through Mr. Bentley’s property to get either to Briarcliff or White Oaks.
That is going to take all that traffic onto Kistler. You also have the other subdivision
down the street from Niblock that is going to have over 100 homes. That also is a cul-de-
sac neighborhood that pours all that traffic onto Kistler Farm. We have the intermediate
school and the middle school that will open this fall as well as the elementary in 2009.
All that traffic to get to those schools come down either one of three roads. It comes
down Briarcliff, Rocky River and NC 3. His concern is also the speed of the traffic and
the children. His recommendation is to table this until we have a traffic study, the
sidewalks are in and we take a look at the infrastructure.

Mr. Rudisill said that he understands their concerns about traffic and density in the area.
There has been about 1500-1800 homes built out there in the last eight years and so he
isn’t sure how 45 more houses is really going to impact that or change it a great deal. He
is willing to work with DOT on road improvements. He has already agreed to do
sidewalks on Kistler and they have reduced their requirements. This is the best use for
that piece of property, today or the next five years. The connectivity was provided to
satisfy the Town requirements should the Bentley property be developed in the future.

Commissioner Carney asked how we get some good pedestrian crossing/school zone
signs put in that area. Mr. Smith, there are school zone signs, but no crossings. He said
we would turn it over to John Finan and it would go before state to see if they would
allow us to put a crossing in. Mr. Carney asked that if this were to pass for that direction
to be given.

Commissioner Atkins has a concern about making sure that we do have the infrastructure
in place before we start moving down the road of approving rezoning and developments.
Are we at a place with our Comprehensive Transportation Plan to address the impact that
we are going to see as that whole area continues to build out.

Mr. Brown said we do have confidence in our Transportation Impact Analysis process to
look at mitigating impacts. Also, when the applicant goes to the NCDOT to seek permits
for driveways, they will also be looking at the same type of impacts again to make sure
they are effectively mitigated.

Dan Brewer said NCDOT Congestion Management has studied this corridor to death.
Some major improvements have been going on. Mr. Rudisill’s 45 lots doesn’t even
trigger the requirement to do a traffic study so the traffic impact for the 45 lots is
insignificant to what’s going on in this whole region.

Allen Bentley owns the land that joins this property. The traffic is bad. If he builds these
45 houses, it’s going to be worse. He doesn’t want his property taken in.

Bill Lackey lives at 1066 Briarcliff. The hill right before you get to Briarcliff is really
bad. You have done a good job expanding the park down at the end of Bellingham. In
the spring, classes walked down their street from the school and had to have a police
escort. It just reinforces the concern that they have for the safety of their kids in that area.


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                                     Board of Commissioners
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   He urges you to consider looking at a study as to the impact of that and see if there is
   something we can do with that berm that we have there.

   Mayor Thunberg closed the Public Hearing at 8:36 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Carney, to approve the Statement
of Reasonableness and the Rezoning request subject to staff recommendations was
approved with Commissioners Rader, Herring, Carney, Houston and Abraham voting
for the motion and Commissioner Atkins voting against the motion. The property
located off Kistler Farm Road is further referenced by Iredell County Tax Map PIN’s
4666-60-6847 and 4666-61-6176. The property was rezoned from R-2 (Residential 2) to
R-3 (Single Family Residential-3). (attachment included)


11. Public Hearing to consider a Text Amendment request from the Planning
    Department.

   Mayor Thunberg opened the Public Hearing at 8:43 p.m.
   Mr. Brown presented the request. There was no public comment.
   Mayor Thunberg closed the Public Hearing at 8:44 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Houston, to approve the Statement
of Reasonableness and the Text Amendment to Section 2.1.7 of the Zoning Ordinance
was unanimously approved. The approved text amendment will add one additional
member to the Environmental Protection Commission. (attachment included)

Action: A motion by Mr. Carney, seconded by Mr. Houston, to appoint Michael
Douglas Chenard to the Environmental Protection Commission was unanimously
approved.

The Board recessed for 13 minutes.

12. Public Hearing – MI-Connection Financing.

   Mayor Thunberg opened the Public Hearing at 8:59 p.m.

   Mrs. Setzer presented the proposed installment financing contract with Wachovia in an
   amount not to exceed $13,000,000 for MI-Connection improvements. There was no
   public comment.

   Mayor Thunberg closed the Public Hearing at 9:02 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Herring, to adopt a resolution
approving an installment financing contract with Wachovia in an amount not to exceed
$13,000,000 to provide for the improvement of the cable system was approved with
Commissioners Rader, Herring, Carney, Houston and Abraham voting for the motion
and Commissioner Atkins voting against the motion. (attachment)
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13. Public Hearing to voluntarily annex property.

   Mayor Thunberg opened the Public Hearing at 9:03 p.m.

   Mr. Brown presented the request to finalize a voluntary annexation by adopting an
   annexation ordinance for the Perth Road Water Intake. The parcel will become part of
   the Town’s corporate limits on August 4, 2008.

   Mayor Thunberg closed the Public Hearing at 9:04 p.m.

Action: A motion by Mr. Carney, seconded by Mr. Abraham, to adopt the annexation
ordinance for the Perth Road Water Intake was unanimously approved. (attachment)


14. Public Hearing to consider an Establishment of Zoning request from the Planning
    Board.

   Mayor Thunberg opened the Public Hearing at 9:05 p.m.
   Mr. Brown presented the request.

   1. Robert H. Howard – 720 River Highway

      Pat Crosby is with the Crown Company. He started this project two years ago. He
      would like for the rear of the property to be R2 and the front of the property CMX.
      This will provide a buffer between the existing residential on all sides except for the
      properties that are on 150. They met with the neighbors in Water Oak to the west and
      the neighbors on Ervin Road.

      Nancy Cooper is an Ervin Road resident. They met with Pat and Jeff and it was the
      whole area. She thinks the biggest concern is the CMX is going to be 250 apartments
      beside the commercial piece. They want a through road so there is no
      interconnectivity between the two properties.

      Miranda Ewoldt said their biggest concern is the water shed. That dividing line is in
      an awkward position. It seems like the zoning lines are mixed up. They are just
      trying to pull the commercial and high density zoning back closer to 150. They are
      interested in working with the developers and how to make it work for everyone.

      Mr. Crosby said initially they wanted the entire property to be CMX. The staff said
      no they want a buffer between CMX and the existing residential. They have a 300-
      foot area that is R2 that provides a buffer from anything that would be CMX on their
      property.

      Terry Norman lives at the end of Ervin Road. She said we keep building and building
      and keep saying yes, yes, yes. You are not looking at the bigger picture. We can’t
      get to our schools. We need to look at what we’re building here and maybe hold off
      until they widen 150. Our children are in danger and she feels like nobody cares.
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      When you put in 20 apartment buildings in this little area, you cannot say that an
      ambulance can get to the schools.

      David Jones lives at Water Oak. Water Oak with 184 homes is zoned CMX. The
      two streets that run parallel to the area to be zoned R-2 are part of Water Oak. Their
      biggest concern is that there is a plan that has interconnecting roads. There is one
      egress for Water Oak and it goes out to 150. There is no protection for homeowners
      to get out of Water Oak. How does Water Oak join the rest of the world?

      Wolfgang Lohrmann said his problem with the issue is the term CMX. Is there no
      other zone that allows you to put shops and stores in that region without putting high
      density housing? How many family dwelling units will be going per acre in that area
      given the roadway and its capacity?

      Barry Ervin is an adjoining property owner on Ervin Road. What we have here is a
      failure to communicate. It’s an issue of comprehension and understanding.
      Mooresville just made a huge jump into the next stage of development and that is
      tying the new zoning ordinances and transportation plans together. What he is
      hearing is just a lack of understanding of the ordinance itself. We’re dealing with
      reputable developers, very communicating developers who happen to live close by
      and has a vested interest in the neighborhood.

   Mayor Thunberg closed the Public Hearing at 9:48 p.m.

Action: A motion by Mr. Carney, seconded by Mr. Houston, to approve the Statement of
Reasonableness and the establishment of zoning was unanimously approved. The
property located at 720 River Highway is further referenced by Iredell County Tax Map
PIN’s 4647-08-4406 and 4647-17-0518. The property was rezoned as follows:
A. PIN 4647-17-0518 and 35.721 acres of PIN 4647-08-4406 was rezoned from RA
   (Residential Agricultural-Iredell County) to CMX (Corridor Mixed Use-Town of
   Mooresville).
B. The remaining 5.338 acres of 4647-08-4406 was rezoned from RA (Residential
   Agricultural-Iredell County) to R2 (Single Family Residential-2-Town of
   Mooresville). (attachment)

   Mayor Thunberg reopened the Public Hearing at 9:51 p.m.

   2. Stutts Family Limited Partnership – Ervin Road

      Pat Crosby said he would be happy to answer questions.

      Nancy Cooper is an Ervin Road resident. She would like to express their concerns and
      conditions with regard to the establishment of zoning. It is not about not developing
      the property but it is all about making sure this property gets developed correctly. The
      residents of Ervin Road have met with Pat and Jeff. The number one concern is the
      mud and erosion. It is an ongoing issue.


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        Terry Norman said she feels like the planning board has failed her. There is a piece of
        land behind Lone Star and the developer flattened the land, took off all the grass and
        just sits there. Nothing has been done for the last couple of months. She feels like the
        planning board just isn’t doing, they’re not looking out for them, she’s worrying about
        the flooding, she’s worrying about a high school that was put at a dead-end street and
        the kids can’t get out if there is an emergency.

        Tim Dockery is a partner with Pat Crosby. He’s glad Mrs. Cooper took pictures
        because as they excavate and there is mud, they’ll have pictures that show prior
        problems. In order to get roads widened, it normally takes the private sector to do that
        and they are trying to do that and be proactive in their developments. His opinion is the
        staff and council has been good to work with and the process is good. They have never
        developed anywhere that they didn’t treat people the way they wanted to be treated. He
        does take offense when people attack them personally. They will meet with any home
        owner anywhere, anytime and try to operate in a manner that is worthy.

        Miranda Ewoldt said Pat and Jeff are trying to work with the neighborhood. Traffic is a
        big concern. Ervin is a one way out. The idea of having throughways…they certainly
        do not want to be a cut-through to Wal-Mart. They want to make sure the planning is
        done effectively and buffer the heavier traffic that will be hitting the commercial,
        housing and residential streets. Interconnectivity has been forced through the new
        designs but it’s not something they want including developers. They want buffers to
        the commercial not connectivity.

        David Jones said there are 184 homes in Water Oak. They don’t want you to make a
        decision without consulting the homeowners. So don’t look at an individual from the
        homeowners association and say that person speaks for the whole community. They
        don’t. He’s getting tired of it. Please respect the whole community.

   Mayor Thunberg closed the Public Hearing at 10:12 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Rader, to approve the Statement of
Reasonableness and the establishment of zoning was unanimously approved. The
property located on Ervin Road is further referenced by Iredell County Tax Map PIN
4647-19-1422. The property was rezoned as follows:
A. The northern 38.726 acres was rezoned from RA (Residential Agricultural-Iredell
   County) to R2 (Single Family Residential-2-Town of Mooresville).
B. The southern 29.540 acres was rezoned from RA (Residential Agricultural-Iredell
   County) to CMX (Corridor Mixed Use-Town of Mooresville). (attachment)

   Mayor Thunberg reopened the Public Hearing at 10:14 p.m.

   3.   Billy E. and Carolyn S. Wilhelm – 948 Brawley School Road
   4.   David and Barbara Smith – 432 Oak Street
   5.   David Cruse – 2265 and 2277 Charlotte Highway
   6.   Girdharry Lall – 155 Wilson Lake Road


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      Shirley Reco lives at 163 Wilson Lake Road. She’s not here in opposition but she just
      wants to be on the record to make sure the property will not be used commercially.

   7. Michael and Sonya Byrd – 154 Cornelius Road

   Mayor Thunberg closed the Public Hearing at 10:19 p.m.

Action: A motion by Mr. Abraham, seconded by Mr. Carney, to approve the Statements
of Reasonableness and the establishment of zoning for the following property was
unanimously approved.
3. Billy E. and Carolyn S. Wilhelm – 948 Brawley School – PIN’s 4636-69-1009,
    4636-68-5949. The property was rezoned from RA (Residential Agricultural-Iredell
    County) to R2 (Single Family Residential-2-Town of Mooresville). (attachment)
4. David and Barbara Smith – 432 Oak Tree Road – PIN 4637-33-6206. The property
    was rezoned from RA (Residential Agricultural-Iredell County) to R2 (Single Family
    Residential-2-Town of Mooresville). (attachment)
5. David Cruse – 2265 and 2277 Charlotte Highway – PIN’s 4658-42-3121,
    4658-41-2933. The property was rezoned from RA (Residential Agricultural-Iredell
    County) to R2 (Single Family Residential-2-Town of Mooresville). (attachment)
6. Girdharry Lall – 155 Wilson Lake Road – PIN 4638-83-1890. The property was
    rezoned from RA (Residential Agricultural-Iredell County) to R2 (Single Family
    Residential-2-Town of Mooresville). (attachment)
7. Michael and Sonya Byrd – 154 Cornelius Road – PIN 4658-44-4638. The property
    was rezoned from RA (Residential Agricultural-Iredell County) to R2 (Single Family
    Residential-2-Town of Mooresville). (attachment)

   Mayor Thunberg reopened the Public Hearing at 10:20 p.m.

   8. Carolina Distribution LLC – Mooresville Boulevard
   9. Ronald McMillan Jr. – 144 Shinnville Road
   10. Frank Jacobus – Off Faith Road
   11. Terry C. Byers – 148 Oak Tree Road

      Lee Brower resides at 133 Fernbrook which is adjacent to the property. Oak Tree
      Road is one way down to the elementary school and one way out in the morning. The
      traffic is stop and go. He is concerned about how many homes can be built.

   12. ASH-BN – 144 Ervin Road
   13. George Winston Morrison Trust – 715 River Highway

   Mayor Thunberg closed the Public Hearing at 10:28 p.m.

Action: A motion by Mr. Abraham, seconded by Mr. Herring, to approve the Statements
of Reasonableness and the establishment of zoning for the following property was
unanimously approved.



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8. Carolina Distribution LLC – Mooresville Boulevard – PIN 4669-80-3115. The
    property was rezoned from M2 (Heavy Manufacturing-Iredell County) to EI
    (Exclusive Industrial-Town of Mooresville). (attachment)
9. Ronald McMillan Jr. – 144 Shinnville Road – PIN 4658-87-8574. The property was
    rezoned from RA (Residential Agricultural-Iredell County) to R5 (Single Family
    Residential-Town of Mooresville). (attachment)
10. Frank Jacobus – Off Faith Road – PIN 4655-37-3507. The property was rezoned
    from RA (Residential Agricultural-Iredell County) to R3 (Single Family
    Residential-Town of Mooresville). (attachment)
11. Terry C. Byers – 148 Oak Tree Road – PIN’s 4637-70-9878, 4637-70-7627, 4637-71-
    7325. The property was rezoned from RA (Residential Agricultural-Iredell County)
    to R3 (Single Family Residential-Town of Mooresville). (attachment)
12. ASH-BN – 144 Ervin Road – PIN 4647-18-8182. The property was rezoned from RA
    (Residential Agricultural-Iredell County) to CMX (Corridor Mixed Use-Town of
    Mooresville). (attachment)
13. George Winston Morrison Trust – 715 River Highway – PIN 4647-07-9044. The
    property was rezoned from RA (Residential Agricultural-Iredell County) to CMX
    (Corridor Mixed Use-Town of Mooresville). (attachment)


15. Consider approving a budget amendment in the amount of $3,250,000 for the purchase of
    approximately 50 acres from the Thomas T. Brantley heirs. The property is located at
    2523 Charlotte Highway.

Action: A motion by Mr. Carney, seconded by Mr. Herring, to approve a budget
amendment in the amount of $3,250,000 for the purchase of approximately 50 acres
from the Thomas T. Brantley heirs located at 2523 Charlotte Highway was
unanimously approved. (attachment)


16. Radio System Expansion.

   The Fire Department requested approval of an agreement with Motorola in the amount of
   $461,771 to expand the Mooresville radio system from six (6) channels to twelve (12)
   channels.

Action: The Board by Mr. Herring, seconded by Mr. Rader, to approve an agreement
with Motorola in the amount of $461,771 to expand the Mooresville radio system was
unanimously approved. (attachment)

17. Award of Contract – Hunter Construction.

    Consider awarding a Construction Contract to Hunter Construction for a unit price
    amount not to exceed $103,927.95 for the Winborne/Greene Croft and McLelland/
    McLelland/Glenwood Water Main project. This project will loop the Town’s water
    system in two locations to boost procedure.


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Action: A motion by Mr. Rader, seconded by Mr. Herring to award a Construction
Contract to Hunter Construction in an amount not to exceed $103,927.95 for the
Winborne/Greene Croft and McLelland /Glenwood Water Main Project was
unanimously approved. (attachment)


18. Award of Contract – United Construction, Inc.

    Consider awarding a Construction Contract to United Construction, Inc. for a unit price
    amount not to exceed $1,154,974.80 for the Gravel Streets Improvements Project
    (Package 2). This project will improve the following streets through paving, sidewalk
    and ancillary utility improvements: Hager Lake Road, Logan Street, Sharpe Street, Short
    Street, Ogburn Street and Locust Street.

Action: A motion by Mr. Abraham, seconded by Mr. Houston, to award a Construction
Contract to United Construction, Inc. in an amount not to exceed $1,154,974.80 for the
Gravel Streets Improvements Projects (Package 20) was unanimously approved.
(attachment)


19. Amendment #1 – White Oaks Culvert Replacement Project.

    Consider approving Amendment #1 to the STV/Whitehead Associates, Inc. Agreement
    for Engineering Services for the White Oaks Culvert Replacement Project in the amount
    of $122,000. This amendment will include design, permitting and construction
    assistance for replacement of the existing culvert on White Oaks Road. This amendment
    will increase the contract amount from $32,000 to a not to exceed amount of $154,000.

Action: A motion by Mr. Abraham, seconded by Mr. Carney, to approve Amendment
#1 to the STV/Whitehead Associates, Inc. Agreement for Engineering Services for the
White Oaks Culvert Replacement Project in the amount of $104,000 was unanimously
approved. (attachment)


20. Award of Contract – Morris-Berg Architects, Inc.

    Consider awarding a contract to Morris-Berg Architects, Inc. in the lump sum amount of
    $100,000 for the completion of a phased study that summarizes issues affecting the
    design including a range of probable construction costs and recommendations for the
    implementation of the Public Services Operation Center project. This proposal
    represents the continuation of previous work performed by Morris-Berg.

   Keith Morris said he purposes that early next year he will have the study finished. He
   will be able to tell you what it will cost, what’s in it, what exactly it will look like. That
   would be a budget issue for you to deal with if you approve that in the budget for next
   year. He could have it ready for bids in the summer if you approve the design money in
   January or February.
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Action: A motion by Mr. Carney, seconded by Mr. Herring, to award a contract to
Morris-Berg Architects, Inc. in the lump sum amount of $100,000 for implementation
of the Public Services Operations Center project was unanimously approved.


21. Award of Contract – Black & Veatch International Company.

    Consider awarding a contract to Black & Veatch International Company in the amount
    of $1,479,053 for Bid and Construction Phase Services for the Presbyterian Road Pump
    Station, Gravity Outfall and Force Main Pipeline Projects. This contract includes the bid
    and construction phase services for the Presbyterian Road Pump Station and Pipeline
    construction contracts. Engineering Services include resident inspection, construction
    administration, third party material testing, shop drawing review and other associated
    tasks.

Action: A motion by Mr. Herring, seconded by Mr. Houston, to award a contract to
Black & Veatch International Company in the amount of $1,479,053 for bid and
construction phase services for the Presbyterian Road Pump Station, Gravity Outfall
and Force Main Pipeline projects was unanimously approved. (attachment)


22. Award of Contract – Black & Veatch International Company.

    Consider awarding a contract to Black & Veatch International Company in the amount
    of $130,000 for a Drought Management Study. This study will include the following: an
    evaluation of the treat ability of lake water at three lake levels over a three month period
    for water quality impacts associated with drought conditions, working closely with
    Public Services staff to develop an emergency drought management plan which includes
    an emergency water supply plan and a drought operations and communication plan.
    Two additional tasks (Water Efficiency and Conservation Assistance and a Community
    Summit on Water Efficient Landscaping) may be undertaken if budgeted funds remain
    after the key tasks are completed.

    Commissioner Atkins made a motion to table this request for now because it is
    $130,000. We have a strong Environmental Protection Committee and other
    municipalities in the area. He would like to see us at least working with some other
    folks instead of duplicating some efforts with other municipalities in the area. Could we
    look at this with other towns and utilize some other resources? Commissioner Carney
    seconded the motion.

    Kent Lackey with Black & Veatch said he would answer any questions. Part of the
    study is getting the Town in compliance with the requirements. Studies were added on
    to help the Town plan for events that may come up from an operational strategy stand-
    point. There is an engineering aspect to it but the Town was interested because of
    scenarios in the past year where the lake level has gone down dramatically. That is one
    piece as well as the regulatory piece. Portions of it would involve stakeholders with the
    Town and could include the Environmental Commission. If water levels get to extreme
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   drought levels, are there other engineering means by which to get water. How can we
   employ emergency pumps with power backup which may not be covered under the plan
   requirements.

   Commissioner Atkins withdrew his motion to table.

Action: A motion by Mr. Atkins, seconded by Mr. Carney, to award a contract to Black
& Veatch International Company in the not to exceed amount of $130,000 for a
Drought Management Study that includes the engagement and participation of the
Environmental Protection Commission was unanimously approved. (attachment)


23. Award of Contract – Black & Veatch International Company.

   Consider awarding a contract to Black & Veatch International Company in the amount
   of $400,000 for a Water and Wastewater Master Plan update. The update which will
   analyze the water distribution and wastewater collection system facilities and pipeline
   infrastructure to develop a long-range plan to serve anticipated growth will include the
   following: incorporation of the new 2008 population projections from the Warren
   Report, development of a dynamic wastewater model for use in development of the
   Capital Improvement Program (CIP), update of the existing water distribution system
   model and update of the CIP.

Action: A motion by Mr. Rader, seconded by Mr. Carney, to award a contract to Black
& Veatch International Company in the not to exceed amount of $400,000 for a Water
and Wastewater Master Plan update was unanimously approved. (attachment)


24. New Business

   There was no new business.


25. Closed Session – G.S. 143-318.11
    A. Property Acquisition – G.S. 143-318.11(a)(5)
       Winston Mayhew – Turner Street
       John T. and William S. Patterson – Coddle Creek Road
       William Samuel Patterson – Coddle Creek Road
       James F. and Judith Matthews – 2550 Charlotte Highway
       Crescent Resources – Parkertown Road
    B. Consult with Attorney – G.S. 143-318.11(a)(3)


Action: A motion by Mr. Abraham, seconded by Mr. Rader, to go into closed session to
discuss property acquisition and consult with attorney was unanimously approved.



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


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


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


The meeting was adjourned at 12:32 a.m.




Janet Pope                                                Bill Thunberg
Town Clerk                                                Mayor




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