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Minutes
Mooresville Board of Commissioners
Monday, June 4, 2007
Mooresville Town Hall
Agenda Briefing
8:30 a.m. – June 1, 2007 – Mooresville Town Hall
Present: Mayor Bill Thunberg. Commissioners Chris Carney, Frank Rader, Mac Herring, Danny
Beaver, Mitch Abraham, Town Manager Jamie Justice and Town Attorney, Stephen P. Gambill.
Absent: Commissioner Thurman Houston
Also Present: Erskine Smith, Assistant Town Manager; Tonia Wimberly, Engineering Division
Supervisor; Maia Setzer, Director of Administration and Finance; Jackie Moore, Human Resource
Director; Wes Greene, Fire Chief; Kendall Hillard, Police Captain; John Finan, Interim Public Works
Director; Craig Culberson, Planner; John Pritchard, Library Director; Jeff Brotherton, IT Supervisor;
Janet Pope, Town Clerk.
1. Closed Session – Consult with Attorney - G.S. 143-318.11(a)(3)
Action: A motion made by Mr. Herring, seconded by Mr. Rader, to go into closed session
to consult with attorney 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.
2. Following the closed session, the Board returned to open session.
3. Mr. Brian Flynn with GBS presented health insurance options for fiscal year 2007-2008.
(attachment included)
Action: A motion made by Mr. Carney, seconded by Mr. Abraham, to approve the
proposal for employee health insurance was unanimously approved.
4. Mr. Rick McClung with Utility Advisors’ Network, Inc. presented the review and update of the
Town’s water and wastewater rates.
5. Staff was present to address any questions or concerns pertaining to the agenda.
Mayor Thunberg adjourned the briefing at 11:15 a.m.
Regular Meeting
6:00 p.m. – Mooresville Town Hall
Present: Mayor Bill Thunberg. Commissioners Chris Carney, Frank Rader, Mac Herring, Danny
Beaver, Mitch Abraham, Town Manager Jamie Justice and Town Attorney, Stephen P. Gambill.
Minutes
Board of Commissioners
June 4, 2007
Also Present: Erskine Smith, Assistant Town Manager; Tonia Wimberly, Engineering Division
Supervisor; Maia Setzer, Director of Administration and Finance; Tim Brown, Planning Director; John
Crone, Police Chief; Craig Culberson, Planner; Wes Greene, Fire Chief; Jackie Moore, Human Resource
Director; John Vest, Public Services Director; John Pritchard, Library Director; Chris Bauer,
Transportation Planner; Janet Pope, Town Clerk.
Public Comment: Donna Corriher is here on behalf of the Lowe’s YMCA with a public announcement
of a fireworks celebration on Tuesday, July 3 at 6:00 p.m. Fireworks will begin at dusk.
Rhett Dusenbury said he was not able to come to the last cable meeting. He wants to cast his no vote for
the cable acquisition. In the 70’s and 80’s cable would have been a great investment. Now there are
rising sewer and water rates. He read an article from the newspaper. Cable is going the way of obsolete
technology. Let’s give Mr. Pritchard more money to build a branch library or recycling.
Yvonne Hart said the Mill Village Revitalization Committee held open forums to solicit input from the
neighbors regarding the Neighborhood Conservation Overlay. They received very little substantive
feedback because there are so many misunderstandings about what the overlay is.
Tad Edwards said the two railroad tracks on Highway 150 are very bad on vehicles. He would like to
know who is in charge of them to have them repaired or fixed. About sidewalks, there is really no
where to run unless you live in town. If we want to promote health and wellness, we need to get more
involved and active.
Mayor Thunberg opened the meeting at 6:17 p.m. Rev. Gregg Kellum from The Cove Church gave the
invocation. Mayor Thunberg led the Pledge of Allegiance.
1. Mayor Thunberg and Mr. Justice recognized the 2007 Class of Mooresville University.
2. Mayor Thunberg presented a proclamation recognizing the Lake Norman Excursion Cycling Event.
(attachment included)
3. Adjustments to the Agenda.
Action: A motion by Mr. Rader, seconded by Mr. Houston, to approve the Agenda with
the following adjustment and the Consent Agenda was unanimously approved.
A. Consent Item j. – Move to regular agenda
4. Consent Agenda Items Approved:
a. Minutes for the Town Board meetings of May 7, 2007.
b. Adjustments to the Town Tax Scroll for 2007. (attachment included)
Releases – Previous Years - $8,981.39
Releases – 2007 - $403.93
Additions – 2006 - $774.00
Additions – 2007 - $7,935.40
Vehicles - $126,775.93
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c. Approved a request from the Public Works and Police Department to make 4-way stops at the
following intersections:
1. Academy Street and Moore Avenue
2. Cabarrus Avenue and Catawba Avenue
d. Approved an Agreement for Government Liaison Services with The Ferguson Group LLC for
$72,000 ($6,000 per month). The contract period is July 1, 2007 to June 30, 2008. (attachment
included)
e. Approved a request from BestSweets, Inc. for approval of the 10/70 provision of the WS-II Yadkin
Back Creek watershed. The applicant is requesting the provision to facilitate the expansion of the
existing site at 288 Mazeppa Road. (attachment included)
f. Adopted a resolution authorizing the sale of a retiring Police K-9, Travis, to his handler, Sgt. Josh
Runyan, in the amount of $1.00. (attachment included)
g. Approved a service agreement with Centralina Council of Governments for “on-call”
planning services in the estimated amount of $12,065 plus the use of 30 member hours. Cost
is included in the proposed 2007-2008 budget. (attachment included)
h. Approved a service agreement with Centralina Council of Governments to manage the Town’s
HOME program in the estimated amount of $74,100. Cost is included in the proposed 2007-2008
budget. (attachment included)
i. Approved the following request for utility service:
1. Carolina Beer and Beverage, LLC (water only)
Property located at 110 Barley Park Lane (± 8 acres). The owner will be financially responsible
for extending utilities to the property. Water is available in front of the property on Mazeppa
Road. (attachment included)
j. Moved to regular agenda: Consider a request from the South Iredell Branch NAACP to reserve the
Peddler Room, the Cedars Room, the Merchant Room and Kitchen #2 at the Citizen Center on June
9, 2007 from 5:00 p.m. until 10:00 p.m. for their Freedom Fund Banquet and waive all fees. ($920).
5. Maia Setzer, Director of Administration and Finance, presented the Financial Summary Report for
ten months ending April 30, 2007. (attachment included)
6. Mayor Thunberg announced that Town Manager Jamie Justice has been recommended to receive
ICMA Credentialed Manager status in June.
7. Town Manager Jamie Justice presented the Manager’s Report. He reported on the repair of railroad
crossings at Iredell Avenue and McLelland Avenue, met with NCDOT to discuss remaining projects
to be repaired in fiscal year 2008, the draft development manual is on the website and started the
new pay study for public safety.
8. Continuation of a Public Hearing to consider a Conditional Use Rezoning request from Rocky
River Promenade, LLC.
This Public Hearing was continued at the May 7, 2007 meeting until the June 4, 2007 Board
meeting.
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The Assistant Town Manager 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 can not
consider non-expert personal opinions or hearsay testimony. Witnesses are welcome to present
documents, photos, maps or other exhibits that is relevant to this 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. Your
cooperation will greatly facilitate the decision the Board must make. This statement applies to all
conditional use hearings scheduled tonight.
Mayor Thunberg reopened the Public Hearing at 6:45 p.m.
Tonia Wimberly was sworn to give testimony in this matter. She said staff met with the developer
last week and received some updated information regarding the TIA at 4 p.m. today. This
information can potentially change the requirements of the TIA. She would like to request a deferral
if it is okay with the developer in order to analyze the new information. If the developer does not
want to defer, you will have the staff analysis from last month and their analysis but she will not be
able to give you a recommendation based on the new information. Once they have a chance to
review the data that was submitted, staff will submit any changes in a revised staff report. When
they met to discuss the differences in the TIA basically there were several assumptions that showed
their development a little bit denser that what they actually have there. They have gone back and run
using the one out parcel that had the condition of no drive-thru and run the TIA showing that one out
parcel without having a drive-thru.
Ken Walsh was sworn to give testimony in this matter. He said he agrees with staff to defer.
Steve Craig was sworn to give testimony in this matter. No comment.
Mr. Walsh said they have agreed to do improvements at the other intersections. Right now they are
working with staff to work out the extent of those improvements.
Action: A motion by Mr. Carney, seconded by Mr. Rader, to continue the Public Hearing
until the July 2, 2007 Board meeting was unanimously approved. (attachment included)
9. Public Hearing to consider a Conditional Use Permit request from Woodfield Investments,
LLC.
Mayor Thunberg opened the Public Hearing at 6:53 p.m.
Craig Culberson was sworn to give testimony in this matter. Mr. Culberson presented the request.
Mayor Thunberg closed the Public Hearing at 6:59 p.m.
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Action: A motion by Mr. Rader, seconded by Mr. Herring, to suspend the rules of
procedure to enable the Board to consider the Findings of Fact and the Conditional Use
Permit was approved with Commissioners Rader, Herring, Carney, Beaver and Houston
voting for the motion and Commissioner Abraham voting against the motion.
Action: A motion by Mr. Rader, seconded by Mr. Beaver, to approve the Findings of Fact
and the Conditional Use Permit request subject to staff recommendations was unanimously
approved. The property located on Bluefield Road, across from Joshua Lane, is further
referenced by Iredell County Tax PIN 4647-69-7821. The conditional use permit will increase the
maximum building height by 5 feet. The current maximum is 35 feet and the request is to allow 40
feet, not exceeding three stories. (attachment included)
10. Public Hearing to consider a Conditional Use Permit request from Beacon Partners.
Mayor Thunberg opened the Public Hearing at 7:03 p.m.
Mr. Brown was sworn to give testimony in this matter. Mr. Brown presented the request.
Chris Perry was sworn to give testimony in this matter. He is with Beacon Partners and on behalf of
Beacon Partners and the Pine Lake Prep Board, he just wanted to give the Board an update on where
they are with their project as it relates to the conditional use request. He wants to appeal to your
good will nature to help them get through and achieve what they think will be a dynamic addition to
the civic infrastructure in the Mooresville area. Pine Lake Prep’s mission is to prepare students for
leadership and academic success primarily focusing on kindergarten through the 12 grades. With
this charter school application approved by the North Carolina Department of Public Instruction,
they are partnering in bringing together resources of the public and private sector to bring a new
school which will bring 1200 seats of public education to the Mooresville area. Their master plan is
for Phase I 82,000 feet and the buildings in the dark shaded are considered Phase I. It’s an
elementary school classroom building, a middle school classroom building and a high school
classroom building. The plan is in place and they are excited about a fall 2008 delivery. They are
asking for a removal of the 25,000 foot threshold. If they were developing an office project on this
campus, they could easily put 280,000.
Mr. Brown said the traffic impact analysis that has been submitted to staff is the basis for that traffic
impact analysis is the 82,500 figure. If the TIA changes based on the adding of square footage to the
overall site, it will be required that the applicant adjust the TIA and make any additional offsite
improvements to account for that additional square footage. It will be established through the Town
process that was established through the development review process.
Mr. Perry said the project is bearing the cost of the number of public infrastructure improvements.
They are planning to do 300 feet of northern right lane expansion and 100 feet of southern bound
turn lane expansion that is in the current plans. They are doing a number of improvements to extend
the sanitary sewer and water system from Faith Road down which will benefit future projects in the
area. Overall they feel very good about the amount of private investment being made to bring a
public use to bear here. Currently they have 1,400 seats planned and have 4,500 student applicants
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and haven’t actively marketed the project. The loop road has the ability to stack an extreme number
of cars for each of the uses at the time. Their TIA addresses that and they do have the stacking
capacity needed.
Mayor Thunberg closed the Public Hearing at 7:20 p.m.
Action: A motion by Mr. Herring, seconded by Mr. Rader, to suspend the rules of
procedure to enable the Board to consider the Findings of Fact and the Conditional Use
Permit was approved with Commissioners Rader, Herring, Beaver and Houston voting for
the motion and Commissioners Abraham and Carney voting against the motion.
Mr. Herring made a motion to approve the Findings of Fact and the Conditional Use Permit request.
Mr. Carney seconded the motion for discussion purposes.
Mr. Rader said regardless of the fact it’s a charter school and we need it and it’s in a good location.
Five cars of storage headed south on 115 is something that sitting in this room he understands that we
will have a problem and he will not vote for something when he can see a problem coming down the
road. He will vote for 300 feet coming south which would give us 10 more cars of storage.
Action: A motion by Mr. Abraham, seconded by Mr. Carney, to table the Public Hearing
until the July 2, 2007 Board meeting was approved with Commissioners Rader, Carney,
Houston and Abraham voting for the motion and Commissioners Herring and Beaver
voting against the motion. (attachment included)
11. Public Hearing to consider a Rezoning request from Lowe’s Home Centers, Inc.
Mayor Thunberg opened the Public Hearing at 7:28 p.m.
Mr. Brown presented the request.
Mayor Thunberg closed the Public Hearing at 7:34 p.m.
Action: A motion by Mr. Carney, seconded by Mr. Abraham, to approve the Statement of
Reasonableness and the Rezoning request subject to staff recommendations was
unanimously approved. The property located on Langtree Road and T Lane is further referenced
by Iredell County Tax PIN’s 4645-76-8204,4645-76-9050, 4645-85-0837, 4645-85-1723, 4645-85-
1692, 4645-85-2551, 4645-85-3411, 4645-85-3371, 4645-85-4231, 4645-85-4191, 4645-84,5924, 4645-
84-3915, 4645-84-3891, 4645-84-2785, 4645-85-2003, 4645-84-2818, 4645-74-6625, 4645-75-9554
and 4645-75-7432. The property was rezoned from GR (General Residential) to PCD (Planned
Campus Development). (attachment included)
12. Consider a request from the South Iredell Branch NAACP to reserve the Peddler Room, the
Cedars Room, the Merchant Room and Kitchen #2 at the Citizen Center on June 9, 2007 from
5:00 p.m. until 10:00 p.m. for their Freedom Fund Banquet and waive all fees. ($920).
Commissioner Beaver would like to revisit the entire system that we charge the non-profit
organizations.
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Action: A motion by Mr. Houston, seconded by Mr. Herring, to waive all fees for the South
Iredell Branch NAACP sponsored Freedom Fund Banquet on June 9, 2007 was approved
with Commissioners Herring, Beaver, Houston and Abraham voting for the motion and
Commissioners Rader and Carney voting against the motion. (attachment included)
13. Continuation of a Public Hearing to consider a Text Amendment to the Mooresville Zoning
Ordinance.
This Public Hearing was continued at the May 7, 2007 meeting until the June 4, 2007 Board
meeting.
Mayor Thunberg reopened the Public Hearing at 7:58 p.m.
Mr. Brown presented the request.
Yvonne Hart wanted to give an example of what this will do. We need it desperately even if it
seems severe. A landlord gets a chance with the first fine to straighten things out and to learn how
the code works. It gives him a chance to understand so with future tenants he sets the rules clearly
from the beginning. That is not happening right now. If you want to see the consequences of not
having this follow up and lack of accountability, just go see the Mill Village. Just imagine the good
impact this could have. There are three landlords who own about 50 pieces of property in the Mill
Village. She knows for a fact that they consistently get the same tickets over and over. Imagine if
when they got a new tenant, they set the rules right away about cutting the grass, keeping the trash
out of the yard, basic hygiene and basic code because they’ve already gotten a $500 fine and they
don’t want to have one again. That will clean up their neighborhood. This is the most desperately
needed thing in the mill village. And not just in the mill village. Patterson Avenue, Walnut Street,
Sharp Street area. There are numerous areas around here that have a lot of landlords and the number
one reason why it looks horrible is because they have no accountability. This will educate the
landlord to educate his tenant. You have to go through the landlord because tenants are a moving
target. There has to be consequences and they seem severe but it’s easy to comply through
education. This is a most desperately needed thing. This is what the Mill Village Revitalization
Committee recommended. We need it so desperately for the neighborhood to get better.
Neighborhood Conservation Overlay cannot clean up the Mill Village. This will be a major step
forward for them. Please pass this. There is a landlord that rents to drug dealers and rents to drugees
and will admit that. They are constantly moving, different houses, different places, a constant flow.
You have to hold somebody responsible but it’s not the same people in the house every four months.
You’ve got to hold the person that owns the property; somebody has to be accountable to the
neighbors. If that landlord gets arrested, I guarantee you he will not rent to drug addicts anymore. I
guarantee you he will run a background check because $10 or $15 is all it costs and he or she will be
more responsible in the people they rent to. You set the rules when you rent a house. You sit down,
you talk, you explain and you say that you got arrested because one of my tenants would not move a
junk car. If you have a junk card I will be here the next day making sure you move it.
Erskine Smith said junk cars are not part of the zoning ordinance so this will not affect those issues.
Those are in your code of ordinance books. We do have rules and power of arrest now. The only
thing this is doing is addressing your zoning violations that are in the zoning ordinance. If
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somebody is coming through town nailing stuff to the telephone poles, the police most certainly
should arrest them for violating the code of ordinance book. As a person who has been to court with
zoning violations as well as the other end of it on Saturday morning mediation with violators, it’s
not the best thing in the world but it is something that gives authority to the zoning administrator to
keep from having these repeat offenders and starting the process all over again. The guy moves in
seven days, you start back over again. He’s been notified, he’s been warned and you just continue
with the zoning violations.
Richard Skaff said he has heard the debates. First of all, what are the statistics? He’s heard a lot of
different things. Number two, if it’s going to be a criminal offense then let’s handle it as a criminal
offense. Number three, we’ve talked about the time limits. His brief encounters with our legal
system, there’s a phrase that says time is of the essence, that a prudent amount of time should be
allowed. When we start saying ten days, we just open ourselves up for a whole can of worms. Let’s
be realistic. He suggests that if we are going to have an ordinance, let’s make it one that is fair and
not at the discretion of any public servant. If you’re going to make a statute, make one that will hold
up in court. You have a statute here that very clearly says that the enforcement officer will give
notice of violation and if not corrected in ten day, he will get a civil penalty as a first offense. If
that’s not corrected he is bound by the statute to give the third one which is a $500 offense. Mr.
Brown’s folks don’t have any choice if you pass this statute. They’ve got to do it. Condemn the
property if it’s that bad of a nuisance. If you’re going to look at criminal offenses, make the person
responsible for the crime, not the landlord. Landlords can write contracts until they’re blue in the
face. To enforce the contracts they have to go through the legal system. The legal system may take
30 days, 60 days or maybe 120 days. Legally the landlord doesn’t have any right to correct some of
these zoning problems. He suggests the use of whatever property, as long as it’s in compliance,
when a lease is signed that that’s the landlord’s responsibility. Any prudent landlord will have
language in there. To go through the court system is 30 days. He would like to see an ordinance
enacted that we wouldn’t find ourselves in a year trying to correct or change. He thinks the wording
could be put in place that would stand the test of time.
William Conrad said the last gentleman makes a lot of sense. In 30 days being in court, a landlord
now has a fine of $500 because an item or sign is left on his property and he can’t do anything about
it. He doesn’t know if there are ordinances that will allow the town to remove items that are a public
nuisance. Why can’t the city have those items removed and charge that back to the owner of the
items? He doesn’t see a problem with that. To make a hard rule is really in jeopardy those persons
who own property in the city and serve as landlords.
Tad Edwards wanted to know if you have consulted with other surrounding counties, towns,
commissioners on the same issue to get some feedback. You don’t want to reinvent the wheel so to
say. There are probably other cities that have dealt with the same issue.
Mr. Brown said the owner of record is the established owner of the property and notifier. A tenant is
a transient entity. It can be difficult to determine who a tenant is. Records like utilities are in the
property owners name so its common practice to identify and find based on the property owner. It’s
an easy proposition to determine who the property owner is because it’s a legal record, readily
available and an established record. They are following the statutory notification process and
warning process that is afforded by statute.
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Mayor Thunberg closed the Public Hearing at 8:36 p.m.
Action: A motion by Mr. Rader, seconded by Mr. Herring, to approve the Statement of
Reasonableness and the Text Amendment to Sections 11.1.2 Zoning Inspection and 11.7
Penalties of the Mooresville Zoning Ordinance subject to staff recommendations was
unanimously approved. The text amendment will address penalties for repeat offenders.
(attachment included)
14. Public Hearing to consider a Text Amendment to the Mooresville Zoning Ordinance and
Adoption of the Transportation Impact Analysis Procedures Manual.
Mayor Thunberg opened the Public Hearing at 8:39 p.m.
Mr. Bauer presented the request.
The proposed text amendment will modify the way in which the Transportation Impact Analysis
(TIA) is completed. The Town will require the developer to fund a TIA that will be completed by a
Town-hired consultant. This new process will result in a uniform method for initiating, evaluating
and completing TIAs. It will also require less staff time for initiating and reviewing the documents.
The result will be TIAs done on behalf of the Town, not the development community. The
Transportation Impact Analysis Procedures Manual outlines the procedures and expectations of the
developers and consultants completing the Transportation Impact Analysis (TIA). The effective date
will be August 1, 2007.
Mayor Thunberg closed the Public Hearing at 8:58 p.m.
Action: A motion by Mr. Rader, seconded by Mr. Carney, to approve the Statement of
Reasonableness and a Text Amendment to the Subdivision Ordinance Article 1, Section 110;
Subdivision Ordinance Article 1, Section 115; Zoning Ordinance Article 4, Section 4.2 and Zoning
Ordinance Article 5, Section 5.17 subject to staff recommendations and adopt the Transportation
Impact Analysis Procedures Manual to be effective August 1, 2007 was unanimously approved.
(attachment included)
15. Public Hearing to Voluntarily Annex Property.
Mayor Thunberg opened the Public Hearing at 9:00 p.m.
Mr. Brown presented the request. The notice of the public hearing was properly advertised in the
Iredell Neighbors.
1. Michael and Jane Ellis – 2221 Perth Road – 4638-72-5417
2. Ron and Lee Smith – South of Cornelius Road and adjacent to east side of I-77 –
part of 4648-93-5338 (application incomplete)
3. Perth Road Development – Perth Road – 4638-61-5634
4. Theodore Morris, Promenade on the Lake LLC – Highway 150 near Queen’s Landing
4628-50-7259
5. Markarian Rugs Inc. – 3267 Charlotte Highway – 4646-82-9350
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6. James Takes – 197 Oak Tree Road & adjacent lot – 4637-60-9521, 4637-60-5695,
4637-60-8618, 4637-60-2770
7. McMillion Properties LLC – McKenzie Road – 4668-04-3783
8. J. Douglas Turner – 2493 and 2499 Charlotte Highway – 4657-37-6643, 4657-37-9622
(application incomplete)
9. Lakeshore Development/Jon Grigorian – 871 and 859 River Highway – 4637-88-0295,
4637-87-0327
10. Ted Dubose/Victor A. and Helen Johnston – Coddle Creek Highway – 4675-29-3337
Ted Dubose/Victor A. Johnston Jr., Irrevocable Trust – Coddle Creek Highway – 4675-19-5070
Ted Dubose/Victor A., Johnston Jr., Irrevocable Trust – Coddle Creek Highway – 4676-20-8578
11. Billy Ray Nelson/Spear Builders/Wolf Ridge Inc. – 513-529 Faith Road – 4655-84-1468,
4655-84-1636, 4655-84-4831, 4655-84-3503, 4655-84-3599
12. Peoples Bank – 1080 River Highway – 4638-40-1424, 4638-40-1576
Action: A motion by Mr. Herring, seconded by Mr. Houston, to recuse Mr. Rader from voting on
the Peoples Bank annexation was unanimously approved.
13. Denise Moose – 2231 Perth Road – 4638-72-4231
14. Mitchell and Jennifer Meadows/Overcash Properties – 584 Williamson Road – 4646-47-6389
15. Langtree Properties LLC – I-77 and Langtree Exchange – 4645-65-0419, 4645-53-7839,
4645-54-0923, 4645-54-5634, 4645-55-9147, 4645-65-8489, 4645-64-9571, 4645-64-7513, 4645-
55-5274, 4645-64-5506, 4645-64-5225, 4645-74-0110, 4645-54-7484, 4645-64-9002, 4645-63-
9664, 4645-63-6737, 4645-63-5657, 4645063-4780, 4645-63-4962, 4645-42-1148, 4645-42-4300,
4645-42-5328, 4645-42-8337, 4645-41-8601, 4645-51-0777, 4645-51-3617, 4645-51-2407, 4645-
40-9657, 4645-41-4176, 4645-40-4900
(request to delay annexation until 2008)
16. Rocky River Promenade/Mark and Tracy VanAuken – 140 Rocky River Road – 4665-44-9743 and
150 Rocky River Road – 4665-54-1725
Rocky River Promenade/David and Pamela Van Auken – 134 Rocky River Road – 4665-44-6578
Rocky River Promenade/Joyce Johnson – 134 Rocky River Road – 4665-44-7589
Rocky River Promenade/Phifer/Johnson Bulldozing Inc. – Corner of Rocky River Road and
Shearers Road - 4665-44-5403, 4665-54-1037, 4665-54-1632
17. Faison-Waterlynn II LLC – 139 East Waterlynn Road – 4656-03-3776
18. Crosland Investments Inc./Kelly Plato Alberta Heirs – Mecklenburg Highway – 4655-12-5467
19. Linda Holthouser – 1639 Mecklenburg Highway – 4655-14-2968
(request to delay annexation until 2008)
20. Parikh Corporation/Mischa Parikh – 2187 Charlotte Highway – 4658-53-2591
(application incomplete)
21. Troutman Family Limited Partnership – 2100 Statesville Highway – 4658-74-7697
22. Morrison Plantation LLC, Katheryn Lawing, William and Sarah Lawing – Harding Place
and Lineberger Drive – 4637-75-0571, 4637-75-0351, 4637-75-0105, 4637-75-1053,
4637-74-1914, 4637-74-0883, 4637-74-0753, 4637-74-0624, 4637-74-0503, 4637-64-9474,
4637-64-8736, 4637-64-8071, 4637-64-5442, 4637-64-6676, 4637-64-6802, 4637-65-6037,
4637-65-6354
23. The Crown Companies LLC – River Highway and Ervin Road – 4647-17-5387,
4647-17-4662, .62 acre of 4647-70-7429
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24. Iredell-Statesville Schools/Foothills Land and Development – Lakeshore Road – 4638-72-8318
25. Spur Enterprise, LLC – Wilson Lake Road – 4638-82-6474, 4638-82-5361
26. Spur Enterprise, LLC – Wilson Lake Road – 4638-82-4748, 4638-82-3714, 4638-82-2865,
4638-82-5834, 4638-82-2935, 4638-82-4987, 4638-83-1086, 4638-83-4055, 4638-83-1173, 4638-
83-4138, 4638-83-1267, 4638-83-4207, 4638-83-1345, 4638-83-4308, 4638-83-3476,
4638-83-3506, 4638-82-3088, 4638-82-4021, 4638-83-3793, 4638-82-3583, 4638-82-4670,
4638-82-5677, 4638-82-6762, 4638-82-7724, 4638-82-8737, 4638-82-3318, 4638-83-4643,
4638-83-5503, 4638-83-5466, 4638-83-5386, 4638-83-6108, 4638-83-6077, 4638-82-7907,
4638-82-7940, 4638-83-6209
27. The Crown/Brawley School LLC (Mabel Mayhew, Lee Ashenfelter, Peggy and
JQ McKnight) – Brawley School Road – 4636-47-7866, 4636-47-1744, 4636-48-4351
28. Goode Luck LLC – Mecklenburg Highway – 4655-02-3305
29. Automotive Collision Experts LLC/United Link LLC – Oates Road – part of 4647-97-3431
30. EWD, Inc. – 167 Pinnacle Lane – 4628-41-0974
Tina Karas is the General Manager of EWD that owns the restaurant, Exit 36 Grill and Billiards.
Her request for annexation is based on the need for water and the future of sewer in their area.
The well is collapsing underneath the bedrock. Drilling is not an option due to the fact that the
businesses on either side of them sell gasoline and have inground storage containers within 500 feet.
The water they use contributes to the treatment plant on location that is odious. Part of their inability
to utilize their seating capacity of 296 is due to the weather. They can’t improve or upgrade without
a sprinkler system which puts another draw on the water. With plans to increase their consumption,
double rates can be huge. They’ve studied the cost of running the line at their expense which is
$30,000 to $50,000. The difference to them monetarily is a gain of $15,000 a month across the board
in food sales if they can use their capacity. She looked at annexation for the ability to have liquor by
the drink. It would increase profitability which would more than pay for what they are doing. They
will be in a desperate situation without it. It’s going to cost a lot of money to pay for it and they
need to be able to recoup that.
Mr. Justice said sewer is not available at this time. The service delivery for #4 and #30 is proximity
to a fire station and the fact there is not one close enough to adequately serve for fire protection and
have response times where they need to be. Those factors impact our overall ISO rating for the
Town and our service delivery for the entire department. Those properties would have to be served
by the Town Fire Department and we are not in a position to do that at this time.
Mayor Thunberg asked the Fire Chief if we decide to annex this specific property and he was called
on to include that in his service area, would that lower the ISO rating for the entire town. Mr.
Greene said not for the entire town he didn’t think so but there again he can’t speak for them.
31. Faison-Waterlynn II, LLC – 3087 Charlotte Highway – 4656-04-8291, 4656-05-7358
32. RR Management – Intersection of Rinehardt Road and Highway 150 – 4657-86-2863
33. Centex Homes/ James Knox – 2104 Triplett Road – 4669-84-8011
Centex Homes/Bobby Ray Carver – 2118 Triplett Road - 4679-03-1607
(request to delay annexation until 2008)
Mayor Thunberg closed the Public Hearing at 9:55 p.m.
11
Minutes
Board of Commissioners
June 4, 2007
Action: A motion by Mr. Carney, seconded by Mr. Beaver, to continue annexation #4 and #30
until the July 2 Board meeting was approved with Commissioners Herring, Carney, Beaver,
Houston and Abraham voting for the motion and Commissioner Rader voting against the motion.
Action: A motion by Mr. Carney, seconded by Mr. Herring, to adopt the annexation
ordinances as recommended by the Town Manager was unanimously approved. The following
parcels will become part of the Town’s corporate limits on June 30, 2007.
1. Michael and Jane Ellis – 2221 Perth Road – 4638-72-5417
2. Perth Road Development – Perth Road – 4638-61-5634
3. Markarian Rugs Inc. – 3267 Charlotte Highway – 4646-82-9350
4. James Takes – 197 Oak Tree Road & adjacent lot – 4637-60-9521, 4637-60-5695,
4637-60-8618, 4637-60-2770
5. McMillion Properties LLC – McKenzie Road – 4668-04-3783
6. Lakeshore Development/Jon Grigorian – 871 and 859 River Highway – 4637-88-0295,
4637-87-0327
7. Ted Dubose/Victor A. and Helen Johnston – Coddle Creek Highway – 4675-29-3337
Ted Dubose/Victor A. Johnston Jr., Irrevocable Trust – Coddle Creek Highway – 4675-19-5070
Ted Dubose/Victor A., Johnston Jr., Irrevocable Trust – Coddle Creek Highway – 4676-20-8578
8. Peoples Bank – 1080 River Highway – 4638-40-1424, 4638-40-1576
9. Denise Moose – 2231 Perth Road – 4638-72-4231
10. Mitchell and Jennifer Meadows/Overcash Properties – 584 Williamson Road – 4646-47-6389
11. Rocky River Promenade/Mark and Tracy VanAuken – 140 Rocky River Road – 4665-44-9743
and 150 Rocky River Road – 4665-54-1725
Rocky River Promenade/David and Pamela Van Auken – 134 Rocky River Road – 4665-44-6578
Rocky River Promenade/Joyce Johnson – 134 Rocky River Road – 4665-44-7589
Rocky River Promenade/Phifer/Johnson Bulldozing Inc. – Corner of Rocky River Road and
Shearers Road - 4665-44-5403, 4665-54-1037, 4665-54-1632
12. Faison-Waterlynn II LLC – 139 East Waterlynn Road – 4656-03-3776
13. Troutman Family Limited Partnership – 2100 Statesville Highway – 4658-74-7697
14. Morrison Plantation LLC, Katheryn Lawing, William and Sarah Lawing – Harding Place
and Lineberger Drive – 4637-75-0571, 4637-75-0351, 4637-75-0105, 4637-75-1053,
4637-74-1914, 4637-74-0883, 4637-74-0753, 4637-74-0624, 4637-74-0503, 4637-64-9474,
4637-64-8736, 4637-64-8071, 4637-64-5442, 4637-64-6676, 4637-64-6802, 4637-65-6037,
4637-65-6354
15. The Crown Companies LLC – River Highway and Ervin Road – 4647-17-5387,
4647-17-4662, .62 acre of 4647-70-7429
16. Iredell-Statesville Schools/Foothills Land and Development – Lakeshore Road – 4638-72-8318
17. Spur Enterprise, LLC – Wilson Lake Road – 4638-82-6474, 4638-82-5361
18. Spur Enterprise, LLC – Wilson Lake Road – 4638-82-4748, 4638-82-3714, 4638-82-2865,
4638-82-5834, 4638-82-2935, 4638-82-4987, 4638-83-1086, 4638-83-4055, 4638-83-1173, 4638-
83-4138, 4638-83-1267, 4638-83-4207, 4638-83-1345, 4638-83-4308, 4638-83-3476,
4638-83-3506, 4638-82-3088, 4638-82-4021, 4638-83-3793, 4638-82-3583, 4638-82-4670,
4638-82-5677, 4638-82-6762, 4638-82-7724, 4638-82-8737, 4638-82-3318, 4638-83-4643,
4638-83-5503, 4638-83-5466, 4638-83-5386, 4638-83-6108, 4638-83-6077, 4638-82-7907,
4638-82-7940, 4638-83-6209
19. The Crown/Brawley School LLC (Mabel Mayhew, Lee Ashenfelter, Peggy and
JQ McKnight) – Brawley School Road – 4636-47-7866, 4636-47-1744, 4636-48-4351
12
Minutes
Board of Commissioners
June 4, 2007
20. Automotive Collision Experts LLC/United Link LLC – Oates Road – part of 4647-97-3431
21. Faison-Waterlynn II, LLC – 3087 Charlotte Highway – 4656-04-8291, 4656-05-7358
22. RR Management – Intersection of Rinehardt Road and Highway 150 – 4657-86-2863
16. Appointments to Boards and Commissions.
* presently serving
ABC Board Two Appointments, Terms expires 6-30-08 and 6-30-10*
Robert Amon Al Jones
Gene Brannon Mitchell Mack*
Franklin Campbell Carolyn Morrow
Mike Carter – Not in Town limits Frank Owens
Mike Cook David Roueche
Robert Gray Sara Tice – Not in Town limits
Guy Griffin – Town employee Thomas Tohn
Roy Harris Scott Turner
Donald Jasper
Action: A motion by Mr. Carney, seconded by Mr. Herring, to appoint the following to the ABC
Board was unanimously approved.
Mitchell Mack – Term expires 6/30/10
Robert Amon – Term expires 6/30/08
Planning Board One Appointment, Term expires 6-30-10
Rosetta Maria Crosby Robert Pless*
Barry Ervin John Robertson* – Reappointed by Iredell Co
Ron Gimla Bret Sawyer
Joseph Hughes – Ineligible James P. Sherrill
Donald Jasper Richard Skaff – Ineligible
Alan Johnson David Steen
John Jacob Morse Greg Whitfield
William Ogburn
Action: The Board unanimously reappointed John Robertson to the Planning Board with a term
to expire 6/30/10. The Board appointed David Steen to the Planning Board with a 3-2-2 vote with
a term to expire 6/30/10.
Mooresville Housing Authority One Appointment, Term expires 6-30-12
Vivian Brandon* (Resident)
Rosetta Maria Crosby
Action: A motion by Mr. Rader, seconded by Mr. Herring, to appoint Vivian Brandon to the
Mooresville Housing Authority with a term to expire 6/30/12 was unanimously approved.
13
Minutes
Board of Commissioners
June 4, 2007
Mooresville Beautification Committee All appointed, Term expires 6-30-08
Lucinda McClure* Angela Greene*
Pat Culberson* Trudi Zangardi* no application
Willie Gates* no application Ellis Kelly*
Clayton Miller* Joe Cullen*
Violet Knox Alice Lee* no application
Action: A motion by Mr. Rader, seconded by Mr. Carney, to appoint the following to the
Mooresville Beautification Committee with a term to expire 6/30/08 was unanimously approved.
Lucinda McClure Angela Greene
Pat Culberson Violet Knox
Ellis Kelly Joe Cullen
Clayton Miller
Mooresville Historic Preservation Commission Three appointments, Term expires 6-30-10
One appointment, Term expires 6-30-08
Barbara Erskine* Pam Sholar
Andy Poore* - Town employee Brian Thomas Brownewell
Yvonne Hart Dennis White
Action: A motion by Mr. Carney, seconded by Mr. Rader, to appoint the following to the
Mooresville Historic Preservation Commission was unanimously approved.
Andy Poore – Term expires 6/30/08
Yvonne Hart – Term expires 6/30/10
Pam Sholar – Term expires 6/30/10
Dennis White – Term expires 6/30/10
Environmental Protection Commission Three appointments, Term expires 6-30-10
Barbara Howard*
Tony White*
Matthew Thomas Mason
Lisa Carver
Rosetta Maria Crosby
Action: A motion by Mr. Rader, seconded by Mr. Herring, to appoint the following to the
Mooresville Environmental Protection Commission was unanimously approved.
Barbara Howard – Term expires 6/30/10
Tony White – Term expires 6/30/10
Matthew Thomas Mason – Term expires 6/30/10
Mooresville Downtown Commission Board appointment, Term expires 6-30-08
Frank Rader,* Board Representative
Action: The Board unanimously appointed Frank Rader to the Mooresville Downtown
Commission with a term to expire 6/30/08.
14
Minutes
Board of Commissioners
June 4, 2007
Recreation Advisory Board Three appointments, Term expires 6-30-10
Lynda Robinson*
Nathan Johnston* no application – Town employee
Sharon Riley*
Rosetta Maria Crosby
Donald Jasper
James Wesley Carney – Not in Town limits
Action: A motion by Mr. Herring, seconded by Mr. Abraham, to appoint the following to the
Recreation Advisory Board was unanimously approved.
Lynda Robinson – Term expires 6/30/10
Sharon Riley – Term expires 6/30/10
Action: A motion by Mr. Beaver, seconded by Mr. Houston, to table the third appointment until
the August 6 Board Meeting and review with the Recreation Advisory Board was approved with
Commissioners Beaver, Houston, Abraham and Mayor Thunberg voting for the motion and
Commissioners Rader, Herring and Carney voting against the motion.
17. Amendment #2 – Presbyterian Pump Station Contract with Black & Veatch International
Company.
Amendment #2 to the Presbyterian Pump Station Contract in the amount of $400,000 will allow
Black & Veatch to design the Mt. Mourne Sewer Outfall. It will include all work for the design
through the construction bidding phase of the project. This amendment will increase the contract
amount from $1,337,840 to a not to exceed amount of $1,737,840. Contract will be funded with
2004 Revenue Bond proceeds.
Action: A motion by Mr. Herring, seconded by Mr. Rader, to approve Amendment #2 to the
Presbyterian Pump Station Contract in the amount of $400,000 to design the Mt. Mourne Sewer
Outfall was unanimously approved. (attachment included)
18. Waiver of Fees – Mooresville Women’s Golf Association.
Consider a request from the Women’s Golf Association at the Mooresville Golf Course to waive
cart and green fees for the Susan G. Komen Breast Cancer Foundation “Rally For A Cure” charity
golf tournament on September 13, 2007.
Action: A motion by Mr. Rader, seconded by Mr. Carney, to decline the request was unanimously
approved. (attachment included)
19. New Business
None
15
Minutes
Board of Commissioners
June 4, 2007
20. Closed Session – G.S. 143-318.11
A. Property Acquisition – G.S. 143-318.11(a)(5)
Sam Laws – 182 North Church Street
Paul Calloway – 172 North Church Street
Ellis Kelly – 164 North Church Street
Preston and Marsha Cornelius – Cornelius Road
Town of Mooresville – Bandit Lane
Grady and Frances Shoe – 200 Block North Broad Street
B. Personnel – G.S. 143-318.11(a)(6)
Action: A motion made by Mr. Herring, seconded by Mr. Rader, to go into closed session to
discuss property acquisitions and 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.
21. Following the closed session, the Board returned to open session.
Commissioner Houston left the meeting at 11:15 p.m.
Action: A motion by Mr. Herring, seconded by Mr. Carney, to approve an offer to purchase the
following properties was unanimously approved.
1. Sam Laws – 182 North Church Street - $175,000
2. Paul Calloway – 172 North Church Street - $150,000 with the right to remove the house
within six months
3. Preston and Marsha Cornelius – Cornelius Road - $75,000 an acre for approximately 60 acres
plus one residential water tap to be used within five years
Action: A motion made by Mr. Herring, seconded by Mr. Abraham, to adjourn the meeting was
unanimously approved.
The meeting was adjourned at 11:56 p.m.
Janet Pope Bill Thunberg
Town Clerk Mayor
16
