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					                                       Minutes
                         Mooresville Board of Commissioners
                               Monday, April 12, 2010
                          6:00 p.m. – Mooresville Town Hall

Agenda Briefing
April 1, 2010 - 8:30 a.m. – Mooresville Town Hall

Present: Mayor Chris Montgomery. Commissioners Chris Carney, Rhett Dusenbury, Mitch
Abraham, Miles Atkins, Mac Herring, Town Manager Steve Husemann and Town Attorney,
Stephen P. Gambill.

Absent: Commissioner Thurman Houston.

Also Present: Maia Setzer, Director of Administration and Finance; Tim Brown, Planning
Director; Ryan Rase, Engineering Manager; John Vest, Public Services Director; Wes Greene,
Fire Chief; Jeff Brotherton, IT Manager; John Finan, Public Works Director; Erskine Smith,
Assistant Town Manager; Carl Robbins, Police Chief; John Pritchard, Library Director; Janet
Pope, Town Clerk.

1. John Amon and Kim Atkins from the Downtown Commission presented information on a
   Christmas display beside Town Hall. The Board gave authority to Mr. Husemann and staff
   for a contract/agreement with the Downtown Commission for the Christmas display.

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

The meeting was adjourned at 10:15 a.m.

Regular Meeting
6:00 p.m. – Mooresville Town Hall

Present: Mayor Chris Montgomery. Commissioners Chris Carney, Rhett Dusenbury, Mac
Herring, Miles Atkins, Thurman Houston, Mitch Abraham, Town Manager Steve Husemann and
Town Attorney, Stephen P. Gambill.

Also Present: Ryan Rase, Engineering Manager; Tim Brown, Planning Director; Maia Setzer,
Director of Administration and Finance; Curt Deaton, Assistant Fire Chief; Carl Robbins, Police
Chief; Erskine Smith, Assistant Town Manager; John Vest, Public Services Director; Mandy
Edwards, Zoning Administrator; John Pritchard, Library Director; Neil Burke, Transportation
Planner; John Finan, Public Works Director; Jeff Brotherton, IT Manager; Janet Pope, Town
Clerk.

Public Comment: Bill Coleman expressed his desire to establish a Boys and Girls Club.

Marie Carberry said she was here to help with a proposal for a Boys and Girls Club.

Courtney Dailey is the Program Director for the Boys and Girls Club in Statesville. The club has
had a tremendous impact in the Statesville community.
                                            Minutes
                                     Board of Commissioners
                                     Monday, April 12, 2010

David Grogan is the volunteer Board Chair of the Boys and Girls Club of the Piedmont which is
based in Statesville. They are ready to move forward with a club in Mooresville.

Barbara Whitehead said they do not want the sidewalk project because their footage is only 13
feet from the house to the curbside. She asked for a compromise to eliminate the two feet of
grass area and put the sidewalk at the curb line.

Rick Cerchiara lives at the corner of Magnolia and Iredell and does not want the sidewalk.

Mayor Montgomery opened the meeting at 6:27 p.m. Steve Gambill gave the invocation.
Mayor Montgomery led the Pledge of Allegiance.

1. Mayor Montgomery presented a Proclamation declaring April 2010 as Fair Housing Month.
   (attachment)

2. Mayor Montgomery presented a Proclamation declaring May 2-8, 2010 as National Drinking
   Water Week. (attachment)

3. Mayor Montgomery presented a Proclamation declaring April 2010 as Child Abuse
   Prevention Month. (attachment)

4. Mayor Montgomery presented a proclamation from Governor Beverly Perdue declaring
   April 17-May 1, 2010 as “Litter Sweep” in North Carolina. (attachment)

5. Adjustments to the Agenda.

Action: A motion by Mr. Herring, seconded by Mr. Abraham, to approve the Agenda
with the following adjustments and the Consent Agenda was unanimously approved.
A. Consent Item h. (1, 2, 3 & 4) – Remove from agenda
B. Consent Item i. – Change $20,000 grant amount to $30,000
C. Consent Item t. – Move to regular agenda
D. Add Consent Item u. – Consider adopting a resolution authorizing the sale of structures,
   accessory buildings and plants owned by the Town at the following locations:
       1. 2523 Charlotte Highway
       2. 730 Golf Course Drive
E. Add Consent Item v. – Consider adopting a resolution in support of North Carolina’s
   current public Alcoholic Beverage Control system.
F. Add Consent Item w. - Consider adopting a resolution in support of the “Main Street
   Solutions Grant” project and designate the Mayor to make application for Main Street
   Grant funds and sign a grant agreement on behalf of the Town. The Town intends to
   apply for $300,000 to be used as down payment assistance for the following projects:
   1. Thomas John Development Corporation – Commercial Condo Project - $89,280
   2. Public infrastructure for alleyway and parking associated with the Thomas John
       project - $30,000 (Town match would be $30,000)
   3. Mooresville Ice Cream Parlor/Museum Renovation Project - $180,720
   The Board approved application for the grant at the March 1 Board meeting.


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                                     Board of Commissioners
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G. Add Consent Item x. – Consider adopting a resolution of tentative award for the Rocky
   River WWTP interim plant expansion.
H. Agenda Item 15 – Move to consent agenda
I. Add Agenda Item - Public Services Public Services Facility – Hearing to Consider Bid
   Withdrawal
J. Agenda Item 17 – Add bid and cost of alternates:
      Total Base Bid                                      $7,299,400
      Alternate #1 – Decant and Equipment Enclosure       $ 400,500
      Alternate #2 – Equipment Shed                       $ 322,000
      Alternate #3 – Equipment Shelter                    $ 316,000
      Alternate #4 – Material Storage & Salt Brine Prep $ 256,250
      Alternate #5 – Heavy Duty Asphalt/Paving            $ 42,000

6. Consent Agenda Items Approved:
a. Minutes of February18-20, 2010 and March 1, 2010.
b. Adjustments to the Town Tax Scroll for 2010: (attachment)
           Releases – Previous Years - $13,361.17
               Additions 2009 - $1,146.09
           Additions 2010 - $3,692.03
               Vehicles – $110,851.94
c. Adopted a resolution authorizing the disposition of personal property to a non-profit
   organization. The Mooresville Fire Department has surplus 4-inch hose to donate to Lake
   Norman Volunteer Fire Department. (attachment)
d. Released the following Letter of Credit:
   1. Citizens South Bank (IMF-07) – Brawley Place Market - $18,460. All work within this
       bond is complete.
e. Approved a change order to the PR Building Systems, Inc. contract for the garage structure at
   Fire Station #3 in the amount of $3,441.60 due to changes in the amounts of stone and grading
   to ensure the driveway worked properly for entrance into the structure. This change order
   will increase the contract amount from $125,928 to $129,369.60.
f. Awarded a construction contract to Church Brothers Grading for the Public Services Sewer
   Outfall for a unit price amount not to exceed $78,581.50. This project will consist of 1,100
   feet of 12-inch sewer line along Highway 21 to provide service to the new Public Services
   Building.
g. Adopted a resolution adding Article 2: Sewer Line Extensions to Chapter 24A: Delegated
   Permit Authority of the Code of Ordinances. (attachment)
h. Approved condemnation proceedings for the following:
   Fieldstone-Magnolia Sidewalks
   Remove from agenda: 1. Wesley Howard Builders, Inc.             $53
       Fieldstone Road (vacant lot)       PIN 4666-45-3260
           Temporary Construction Easement          0.013 acre (603 square feet)
   Remove from agenda: 2. Wesley Howard Builders, Inc.             $34
       Fieldstone Road (vacant lot)       PIN 4666-45-3357
           Temporary Construction Easement          0.012 acre (553 square feet)




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                                              Minutes
                                       Board of Commissioners
                                       Monday, April 12, 2010

     Remove from agenda: 3. William H. Gibson                           $173.95
         414 South Magnolia Street               PIN 4666-47-4422
             Permanent Sidewalk & Utility Easement 0.002 acre (129 square feet)
             Temporary Construction Easement            0.011 acre (518 square feet)
     Remove from agenda: 4. Ruth Pless Guffey                       $180
         428 South Magnolia Street               PIN 4666-47-4229
             Permanent Sidewalk & Utility Easement 0.002 acre (130 square feet)
             Temporary Construction Easement            0.016 acre (719 square feet)
     5. Robin D. and Tenley Andrews              $504.15            (attachment)
         124 North Magnolia Street               PIN 4667-40-4752
             Permanent Sidewalk & Utility Easement 0.001 acre (67 square feet)
             Temporary Construction Easement            0.012 acre (562 square feet)
     6. Gary T. and Barbara Whitehead $428.63                   (attachment)
         220 North Magnolia Street               PIN 4667-41-5541
             Permanent Sidewalk & Utility Easement 0.003 acre (168 square feet)
             Temporary Construction Easement            0.003 acre (133 square feet)
     7. RSR Properties, LLC                 $491.98             (attachment)
         228 North Magnolia Street               PIN 4667-41-5640
             Permanent Sidewalk & Utility Easement 0.004 acre (201 square feet)
             Temporary Construction Easement            0.027 acre (1,192 square feet)
     8. Richard H. and Margaret M. Cerchiara $316.74 (attachment)
         669 East Iredell Avenue                        PIN 4667-41-5753
             Permanent Sidewalk & Utility Easement 0.003 acre (148 square feet)
             Temporary Construction Easement            0.031 acre (1,380 square feet)
i.   Approved a request from the Fire Department to apply for a Department of Homeland
     Security non-matching grant in the amount of $30,000. The grant is for the installation of a
     transfer switch at the War Memorial for the purpose of establishing an evacuation shelter.
j.   Adopted a resolution amending Chapter 15 of the Code of Ordinances to allow the shooting of
     firearms in indoor firing ranges. (attachment)
k.   Authorized the Mayor to sign a “Second Amendment to Water Tower Lease Agreement”
     between the Town of Mooresville and Cellco Partnership D/B/A Verizon Wireless. The
     original lease was for the lease of a portion of the South Church Street water tower to install
     cellular antennae. The lease was amended the first time to change the type of antennae. This
     second amendment allows for Cellco/Verizon to move their ground structure that house the
     antennae’ components and install an enclosed building to house such components.
     Cellco/Verizon is paying an additional $1200 per year in rent for this ability. The current rent
     is $27,600 per year and will increase to $28,800 per year if this second amendment is
     approved. Al Linker, the town’s communication tower consultant has reviewed this
     amendment and attachments and is in agreement with its terms. (attachment)
l.   Approved a Memorandum of Agreement with Iredell-Statesville Schools for the joint use of
     the fields and facilities at Coddle Creek Elementary School. (attachment)
m.   Approved a budget amendment and accepted with gratitude a $25,000 grant from the Lowe’s
     Charitable and Educational Foundation for the Library Garden Gazebo Project. This is a joint
     project between the Town, the Mooresville Rotary Club and the Mooresville-Lake Norman
     Rotary Club. Friends of the Library are committing $5,000 and the Rotary Clubs $2,800.
     Project is to begin May 1. (attachment)


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n. Approved a Bond Order Authorizing the Issuance of Enterprise System Revenue Bonds of the
   Town of Mooresville, NC. (attachment)
o. Adopted a resolution authorizing the “Approval, Execution and Delivery of Various
   Documents in Connection with the Issuance of Town of Mooresville Enterprise Systems
   Revenue Bonds, Series 2010; Providing for the Sale of the Bonds; Setting Forth the Terms
   and Conditions Upon Which the Bonds are to be Issued; and Providing for Certain Other
   Matters in Connection With the Issuance, Sale and Delivery of the Bonds.” (attachment)
p. Approved a budget amendment in the amount of $10,608 for a called letter of credit for Pecan
   Hills, Phase 1, Map 1 approved on February 1, 2010. This amendment will allow the
   Engineering Department to contract for the asphalt, landscaping and sidewalk work to be
   completed. (attachment)
q. Approved an NCLM Municipal Environmental Assessment Coalition Project Participation
   Agreement in the amount of $2,000. The coalition was formed to examine the ramifications
   of the state proposed “triennial review” surface water quality rules which will affect
   wastewater treatment processes, require implementation of stormwater programs, mandate
   development rules such as riparian buffer zones and further regulate the land application of
   biosolids. (attachment)
r. Authorized the Town Clerk to certify annexation petitions received from the following:
   Annexations for 2010
       Ronald and Angela Howard – 2247 Charlotte Highway (.35 acre) - Incomplete
       Robert Rudisill/RPR Holdings – 246 & 268 Kistler Farm Road (16 acres)
       RJ Atwell Heirs/J. Stanley Atwell, Agent – River Highway (4 acres)
       Pilot Developers – 736 Brawley School Road (2.122 acres) - Incomplete
       Town of Mooresville – 200 Block of Cornelius Road (78.96 acres)
       Town of Mooresville – 2523 Charlotte Highway (50.21 acres)
       Dennis and Terry Bermani/Pampered Pets Inn – 2993 Charlotte Highway (2.267 acres)
       Lawton & Martin Inc. – 1113 and 1111 Brawley School Road (1.197acres)
s. Amended the Sewer Capacity Allocation Policy. (attachment)
t. Moved to regular agenda: Consider approving an Agreement for Government Liaison
   Services with The Ferguson Group LLC in the amount of $75,600 ($6,300 per month) for
   Washington representation services.
u. Adopted a resolution authorizing the sale of structures, accessory buildings and plants owned
   by the Town at the following locations: 7523 Charlotte Highway and 730 Golf Course Drive.
   (attachment)
v. Adopted a resolution in support of North Carolina’s current public Alcoholic Beverage
   Control system. (attachment)
w. Adopted a resolution in support of the “Main Street Solutions Grant” project and designate
   the Mayor to make application for Main Street Grant funds and sign a grant agreement on
   behalf of the Town. The Town intends to apply for $300,000 to be used as down payment
   assistance for the following projects:
   1. Thomas John Development Corporation – Commercial Condo Project - $89,280
   2. Public infrastructure for alleyway and parking associated with the Thomas John
       project - $30,000 (Town match would be $30,000)
   3. Mooresville Ice Cream Parlor/Museum Renovation Project - $180,720
   The Board approved application for the grant at the March 1 Board meeting.



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                                      Board of Commissioners
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x. Adopted a resolution of tentative award for the Rocky River WWTP interim plant expansion.
   (attachment)
y. Awarded a construction contract to Pedulla Trucking, Excavating and Paving Inc. for an
   amount not to exceed $144,690 for the West Wilson Avenue Turn Lane Extension. This
   project will extend both the right and left turn lanes on West Wilson Avenue approaching
   Highway 21 and will be paid with remaining 2005 Bond Funds. (attachment)

6. Maia Setzer, Director of Administration and Finance, presented the Financial Summary
   Report for eight months ending February 28, 2010. (attachment)

7. Town Manager Steve Husemann presented the Manager’s Report. He reported on the
   wastewater improvements, census, budget meetings, recycling and congratulated Ryan
   Rase and Brian Barnett for completing the UNC School of Government Municipal
   Administration course.

8. Alan Hall updated the Board on the status of MI-Connection. Marketing update included
   campaign for three charities, Refer-A-Friend Program, community events and operation
   outreach.

9. Continuation of a PUBLIC HEARING to consider a TEXT AMENDMENT request
   from Gryphon Development LLC, Richard J. Lutzel, Randall A. Roth, James Wachob,
   Carolyn Davis, Richard W. Usher, Jennifer Meadows, Lillian Lukic, Alissandro Castillo,
   Paul Kelly, J. Morris Wilson, Paul Davis, Linda Cherry, T. Michael Godley, Eric C.
   Lodge, Don Mills and Richard J. Skaff.

   Mayor Montgomery opened the Public Hearing at 7:10 p.m.
   Mandy Edwards presented the request.

   TA-2010-01     Article 4.5 Office Overlay of the Mooresville Zoning Ordinance and the
                  adopted Zoning Map – The proposed Text Amendment would remove the
                  overlay from the Zoning Ordinance and Zoning Map. The properties
                  potentially affected include the Williamson Road Corridor from Brawley
                  School Road to the NC 1109 Bridge.

   Tony Gestido, Griffin Development, said he believes the correct way of doing this is to
   eliminate the fast food portion. The intention is not to have any drive through for food. The
   property is not construed to have a drive through in the present building right now. They
   agreed to concessions at the meeting; the shielding of the lights along the residential property
   line and enhancing the berm by adding a fence or adding more lelands. They offered some
   restrictive covenants added to the property or what was acceptable to the Town. He doesn’t
   understand the breakdown of communication. There is no intention to have a big restaurant
   here. Only to have one or two small food related services to service the tenant and the
   adjacent community.

   Parker Black is a consultant for the applicant. They have signatures of the applicants who
   will be pulled under this arrangement. This really affects about 23 or 24 other applicants,
   about 48 properties in that corridor.
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Ernie Eller is vice-president of the HOA. The way it is presented tonight is if an agreement
was made. They were summoned to meet with Gryphon to hear their proposal on what they
wanted to do. In return, they gave them something they thought the neighborhood would like
in return. They presented that to the community. They never got to that point because
individuals knew of the meeting and right away let the board know that they wanted nothing
to do with Harbor Square as far as food was concerned. It is their job as the board to
represent what the majority of Harbor Cove wants to do. It has nothing to do with food in
Harbor Square. There were discussions of the lighting and the fence. Harbor Cove is 100%
against any type of food service in that building.

John Horan is the president of the Harbor Cove Homeowners Association. They are not
speakers for the community. The community has a right to vote and say what they want.
They felt intimidated and threatened right off the bat stating that you do not want the Town to
take this in their hands. The residents let it clearly be known and the board has to honor the
majority of the neighborhood.

Brad Henderson is a resident of Harbor Cove. This has been an issue simply because of
proximity. He was surprised to hear that staff objected to the overlay because frankly it was
Tim Brown who suggested to him that they create an overlay to present to the Board for the
area a couple years ago. The extent of the overlay was created by staff, not the residents. The
concern is about this one parcel which is surrounded by three sides. If there is a compromise,
look at whittling down the extent covered by the overlay. He feels there should be a buffer
between single family residence and food services. Would you like to live beside a restaurant
between 5 and 11? They live close enough to Vinnie’s. This has been a very cleaver ploy on
behalf of the developer who when initially meeting with the homeowners indicated their plan
was office, medical, etc. As soon as they got the occupancy permits, up went the signs,
restaurants, meat market shops, etc. They then presented a conditional use permit not for a
specific property but for restaurants in general. There was outcry and they withdrew that
permit. In five years there has not been a single conditional use permit issued within the
overlay for a specific use. If the applicant has a specific tenant in mind, they should come
forth and seek a conditional use permit for that tenant.

Jim Trout is a Harbor Cove homeowner. Two years ago a survey was taken and over 85% of
the neighborhood rejected this. That’s a great example of why what was promised their
community was a true buffer. He has put together every type of food service establishment.
Without fail every time, it has abutted a neighborhood that lags behind competing
neighborhoods in the vicinity or the property values decline. He sympathizes with Gryphon
but they made an agreement to start with. And that initial agreement was no food service
operations.

Ken Lottie is a Harbor Cove resident. He is firmly opposed to any change in the overlay. He
presented a list of food establishments.

Kelly Harwell said when they built their house; they were told this property was for medical
use. She wants to raise her two children where it is clean and safe. Her parents owned a small
restaurant and you cannot stop rodents. When she made her investment, she knew what was
there. It’s not fair that she has held up her end of the bargain and done her part as a
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   responsible citizen to have this change now.

   Trevor Dally said he bought his property and those were the rules and regulations. They were
   told it would be an office building or medical building. They knew when they built the
   building what the rules were and now they want to change the rules. He begs you to uphold
   what your planning department has done twice and turned down their requests.

   Perez Patel agrees with the comments about maintaining the neighborhood. He is the treasurer
   of the Harbor Cove Marina Board, a separate entity. They have rat traps and chemicals to
   maintain it.

   Tony Walters said the people in the neighborhood vote for you. There’s not anybody in that
   organization that lives as a resident of Mooresville and they’re not voting. This is their
   neighborhood and their city. When the people came in years ago, they used to call it carpet
   bagging. He personally thinks this should be taken care of tonight. He was the first person in
   the neighborhood and up here fighting from day one. The economy has tanked and until we
   get it back up we should not even contemplate the idea of removing the overlay.

   Mr. Gestido said it was never been their intention to cause any discord with the homeowners
   association. The building is a 25,000 square foot building. With the amended text
   amendment, one-fifth of the building could be used for restaurant use. The intent is to service
   this building and the adjacent property. The trash will be placed as far away as possible from
   the residential, will enclose the structure in concrete and us metal doors to shield the
   dumpsters. They have a property maintenance company that keeps it clean. They are asking
   for the text amendment to be amended to allow up to a maximum of 5,000 square feet of some
   kind of food use that would benefit the building and the neighborhood.

   Mr. Black wanted to address the carpetbagger issue. They represent commercial owners there
   who are lifelong residents in Mooresville. This is a $4 million investment and does not qualify
   these gentlemen as being carpetbaggers for paying their way in tax revenue. He’s worked in
   Mooresville for years. He really resents that comment.

   The meeting recessed for 12 minutes.

   Mayor Montgomery closed the Public Hearing at 8:43 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Dusenbury, to approve the Statement of
Reasonableness and the Text Amendment TA-2010-01 subject to staff recommendations and
the following conditions with Commissioners Herring, Dusenbury and Houston voting for
the motion and Commissioners Atkins, Carney and Abraham voting against the motion.
The Mayor broke the tie with a no vote. The text amendment to remove the overlay from
the Zoning Ordinance and Zoning Map was denied.
1. No alcohol consumed on premise
2. Restaurant size limited to 2,500 square feet
3. Hours of operation – 5 a.m. to 9 p.m.
4. Drive through and drive in restaurants prohibited


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5. Perimeter lighting to have proper shielding to prohibit offsite spillage of glare or light
6. Perimeter landscaping to conform to the buffering requirements of the Mooresville
    Zoning Ordinance
(attachment)


10. Continuation of a Public Hearing to consider a Text Amendment to the Mooresville
    Minimum Housing Code.

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

   Tim Brown presented the request. There was no public comment.
      TA-2010-05 Minimum Housing Code, Article 10, Minimum Standards for Space
                   and Use – Changed to Article XV, Responsibilities of Owners and
                   Occupants

   Mayor Montgomery closed the Public Hearing at 9:06 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Abraham, to approve the following
Text Amendment to the Mooresville Minimum Housing Code subject to staff
recommendations was unanimously approved.
TA-2010-05 Minimum Housing Code, Article 10, Minimum Standards for Space and Use –
Changed to Article XV, Responsibilities of Owners and Occupants – The approved text
amendment will add the requirement for carbon monoxide detectors within dwelling units as
required by recent changes to NC G.S. 42-42. Enforcement of this section of the Minimum
Housing Code will be carried out on a case-by-case basis upon inspection of any dwelling unit
for Minimum Housing Code compliance. Inspections are initiated from field observation by
a Zoning Administrator, complaint from a public official or tenant or petition signed by five
or more persons living within the community. (attachment)


11. Public Hearing – Special Assessment Resolution.

   Mayor Montgomery opened the Public Hearing at 9:07 p.m.
   Mr. Gambill presented the request.

   Article 10 of Chapter 160A of the North Carolina General Statutes authorizes the Town Board
   to make special assessments against certain benefitted property for the purpose of
   constructing water and sewer lines. At its March 1, 2010, regular meeting, the Town Board,
   and upon the petition of Atrium at the Lake, Inc., approved a Preliminary Assessment
   Resolution to begin the special assessment process to pay for the expenses incurred by the
   Town in installing the water line and sanitary sewer force main that is the subject of the
   second amendment to the service agreement with Atrium at the Lake Development, LLC.
   The purpose of this public hearing is to consider the approval of a special assessment against
   this property. If approved, the project is then completed and the total costs associated with
   the project are determined. A preliminary assessment roll is then prepared setting out the


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   properties affected by the assessment. Another public hearing is then held after which the
   Board approves a final assessment roll which is used for the basis of the assessment on the
   properties. Since this is a water and sewer assessment, N.C. Gen. Stat. § 160A-237 provides
   that assessments levied by the Board can be held in abeyance without interest until either (a)
   improvements on the assessed property are actually connected to the water or sewer system or
   (b) not more than 10 years from the date of confirmation of the assessment roll, whichever
   first occurs.

   Mayor Montgomery closed the Public Hearing at 9:13 p.m.

Action: A motion by Mr. Carney, seconded by Mr. Abraham, to adopt the Special
Assessment Resolution was unanimously approved. (attachment)


12. Public Hearing – Burke Dale Subdivision.

   Mayor Montgomery opened the Public Hearing at 9:14 p.m.
   Mr. Smith presented the request. There was no public comment.

   The Town of Mooresville proposes to convey land known as the Burke Dale Subdivision for a
   community development project pursuant to North Carolina General Statute § 160A-457. The
   Town Board intends to consider approval of the conveyance of a fee simple interest in 23
   vacant lots, common open space, improved open space, and buffers that are part of the
   property the Town acquired on March 10, 2005, and recorded in Deed Book 1628, Page 2197
   and Deed Book 1868, Page 750 of the Iredell County Registry. Such property is further
   described in Book 57, Page 64-65 and 75-76 of the Iredell County Registry. The conveyance
   will be made to the Community Housing Development Corporation of Mooresville/South
   Iredell (CDDCM/SI), who has committed to provide housing for low and moderate income
   persons. CDDCM/SI will sign a non-interest bearing promissory note for $10,879.00 per lot
   secured by a deed of trust for a term of 24 months.

   Mayor Montgomery closed the Public Hearing at 9:15 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Abraham, to adopt a resolution
conveying the property known as the Burke Dale Subdivision to the Community Housing
Development Corporation of Mooresville/South Iredell (CHDO) was unanimously approved.
(attachment)


13. Public Hearing – Bond Resolution.

   Mayor Montgomery opened the Public Hearing at 9:16 p.m.
   Mrs. Setzer presented the request. There was no public comment.

   This resolution will authorize the Town to proceed to pay the capital costs of the construction
   and equipping of an operations center to house the Town’s public utilities (the “Project”),
   pursuant to an installment financing contract (the “Contract”), in a principal amount not to

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   exceed $10,000,000 under which the Town will make certain installment payments; and,
   authorizing the Town to proceed to provide, in connection with the Contract, as grantor, a
   deed of trust and security agreement (the “Deed of Trust”) on the real property to be acquired
   with the proceeds of the Contract and the improvements thereon (the “Mortgaged Property”),
   which Mortgaged Property will be mortgaged by the Town to create a lien thereon for the
   benefit of the entity, or its assigns, providing the funds to the Town under the Contract. The
   Mortgaged Property will be located at 2523 Charlotte Highway, Mooresville, North Carolina.

   Mayor Montgomery closed the Public Hearing at 9:17 p.m.

Action: A motion by Mr. Houston, seconded by Mr. Abraham, to adopt a resolution
approving an installment financing contract and a Deed of Trust with respect thereto and
delivery thereof and providing for certain other related matters was unanimously approved.
(attachment)


14. Midnight-Oates Alignment Study.

   This agenda item was continued at the March meeting to the April 12 meeting.

   The Town of Mooresville Planning Department has completed the Alignment/Feasibility
   Study for the Midnight Lane – Oates Road Bridge over I-77 and associated roadway
   improvement recommendations between Bluefield Road and US 21. The Midnight Lane –
   Oates Road Bridge was identified in the 2007 Mooresville Comprehensive Transportation
   Plan (CTP). The purpose of this study was to complete a conceptual alignment study of the
   Midnight Lane – Oates Road connection, allowing the Town of Mooresville to plan for future
   right-of-way needs and be prepared to enter detailed design phases. This alignment study does
   not identify a specific funding source to construct this project.

Action: A motion by Mr. Atkins, seconded by Mr. Carney, to accept the Midnight-Oates
Alignment Study as information only was approved with Commissioners Atkins, Carney,
Dusenbury and Houston voting for the motion and Commissioners Herring and Abraham
voting against the motion. (attachment)


15. Award of Contract – West Wilson Avenue Turn Lane Extension.

   Moved to consent agenda


16. Public Services Public Services Facility – Hearing to Consider Bid Withdrawal.

   John S. Clark Company, LLC is requesting their bid on the Mooresville Public Services
   Operations Center be withdrawn due to an unintentional omission of a substantial piece of
   equipment.

   Mr. Carney disclosed that the next lowest bidder is a personal friend.
                                                                                               11
                                             Minutes
                                      Board of Commissioners
                                      Monday, April 12, 2010

Action: A motion by Mr. Abraham, seconded by Mr. Atkins, to allow John S. Clark
Company, LLC to withdraw their bid for the Public Service Operations Center without
forfeiture of the bid bond was unanimously approved. (attachment)


17. Public Services Operations Facility Bid.

   Commissioner Carney asked to be recused because three of the companies are from Hickory,
   his home town.

Action: A motion by Mr. Herring, seconded by Mr. Atkins, to recuse Mr. Carney from this
agenda item was unanimously approved.

   Consider a review of the Public Services Operations Facility base bid and determine which
   alternates will be approved. This decision will determine the amount of bonds that must be
   issued prior to formal award of the contract. In addition, an allowance for installation of fiber
   optic cable, furnishings, audio visual equipment and security systems will be included in the
   dollar amount. Alternates are in prioritized order with highest priority at the top.

   Total Base Bid:                                               $7,299,400
   Add Alternate #1   Decant and Equipment Enclosure             $ 400,500
   Add Alternate #2   Equipment Shed                             $ 322,000
   Add Alternate #3   Equipment Shelter                          $ 316,000
   Add Alternate #4   Material Storage and Salt Brine Prep       $ 256,250
   Add Alternate #5   Heavy Duty Asphalt/Paving                  $ 42,000

   Add Allowances: Audio Visual Equipment                        $ 250,000
                   Security Systems                              $ 140,000
                   Furnishings                                   $ 215,000
                   Fiber Optic Cable                             $ 50,000

Action: A motion by Mr. Herring, seconded by Mr. Houston, to approve the Matthews
Construction base bid and the five alternates for the Public Service Operations Center was
unanimously approved. Mr. Carney was recused. (attachment)


18. Ordinance to Repair – 132 South Main Street.

   Commissioner Atkins asked to be recused because the principle involved is also on the board
   that employs his wife.

Action: A motion by Mr. Herring, seconded by Mr. Houston, to recuse Mr. Atkins from
this agenda item was unanimously approved.

   On September 14, 2009, the building located at 132 South Main Street was inspected from the
   public right-of-way and it was determined that the condition of the building warranted review


                                                                                                  12
                                            Minutes
                                     Board of Commissioners
                                     Monday, April 12, 2010

   for a possible violation of the Commercial Maintenance Code. The property owner was
   notified that a hearing would be conducted before the Zoning Administrator on October 12,
   2009. An Order to Repair by January 2, 2010 was issued to the property owner; however, the
   necessary repairs have not commenced. The condition of the building has continued to
   decline and the broken windows have become a safety hazard.

Action: A motion by Mr. Abraham, seconded by Mr. Dusenbury, to continue this agenda
item to the May 17 meeting was approved with Commissioners Dusenbury, Herring,
Carney, Atkins and Abraham voting for the motion and Commissioner Houston voting
against the motion. (attachment)


19. Ordinance to Demolish – 519 Biltmore Street.

   On April 7, 2009, an anonymous complaint was made in regard to an abandoned and
   dilapidated home located at 519 Biltmore Street. A preliminary inspection on April 7, 2009
   revealed that there were conditions that warranted a minimum housing case. These conditions
   were front porch falling in, roof sagging, exterior deteriorated and exposed to the elements.
   Such conditions were in violation of Section 3: Minimum Standards for Dwellings and
   Dwelling Units of the Minimum Housing Ordinance. On April 7, 2009, the owner was
   notified by certified mail that a Minimum Housing Hearing would be conducted on May 7,
   2009. The owner did not appear at the hearing. As a result, an Order to Repair within 90 days
   was issued to the owner. On October 29, 2009, the Zoning Administrator obtained an
   administrative inspection warrant to enter the house and inspect the interior condition. It was
   determined to be dilapidated according to Sections 3: Minimum Standards of Fitness for
   Dwellings and Dwelling Units and Section 4: Minimum Standards for Structural Condition of
   the Minimum Housing Code. On December 1, 2009, the owner, Mrs. Mary Campbell, signed
   a consent form allowing the Mooresville Fire Department to inspect the home to see if it could
   be burned as a training exercise. Assistant Fire Chief Shane Lacount inspected the property
   and determined that it was not suitable for training because of the dilapidated condition of the
   structure. An order to demolish by January 31, 2010 was issued to the property owners,
   Samuel Vernon Campbell and wife, Mary Campbell. The condition of the dwelling has
   continued to decline.

Action: A motion by Mr. Houston, seconded by Mr. Abraham, to approve an Ordinance to
Demolish the property at 519 Biltmore Street was unanimously approved. (attachment)


20. Cats 83X Commuter Bus.

   The Charlotte Area Transit Service (CATS) has provided commuter bus service through
   ongoing contractual agreements with the Town of Mooresville for the residents of
   Mooresville and southern Iredell County to uptown Charlotte. While CATS substantially
   funds this service, the Town of Mooresville will be responsible for $25,207.50 ($4,201.25
   monthly) to continue the bus service to this area until December 31, 2010. This will be a six
   month service contract for three buses in the AM and PM peak hours. The Planning


                                                                                                13
                                            Minutes
                                     Board of Commissioners
                                     Monday, April 12, 2010

   Department was asked to analyze ridership statistics and potential funding strategies to
   determine if the continuation to fund the 83X Express Bus is in the best interest for the Town
   of Mooresville.

Action: A motion by Mr. Abraham, seconded by Mr. Herring, to approve the 83X Regional
Transit Service Contract between the City of Charlotte and the Town of Mooresville in the
amount of $25,207.50 for six months ($4,201.25 monthly) was approved with
Commissioners Abraham, Herring, Atkins and Houston voting for the motion and
Commissioners Dusenbury and Carney voting against the motion. (attachment)


21. East-West Connector Alignment Study.

   At the February 1, 2010 Town Board meeting, staff was directed to evaluate the safety and
   redundancy concerns with the recommended Norman Drive closure and to proposed
   alternatives to the recommended closure of the Norman Drive crossing relative to the
   advancement of a new crossing for the East-West Connector. The Planning Department has
   completed the first portion of an Alignment/Feasibility Study for the East-West Connector
   between Langtree Road and Shearers Road. The East-West Connector is a recommended
   improvement in the 1998 Town of Mooresville Thoroughfare Plan and the 2007 Mooresville
   Comprehensive Transportation Plan (CTP). The purpose of this study was to provide initial
   screening and conceptual planning of the East-West Connector alignment, allowing the Town
   of Mooresville to plan for future right-of-way needs and be prepared to enter detailed design
   phases. In addition, a railroad crossing closure analysis was conducted in an effort to advance
   the location of a new at-grade railroad crossing for the East-West Connector. The adopted
   CTP identifies that this connection be constructed as a four-lane median divided alignment
   with bicycle lanes and sidewalks along each side of the roadway.

Action: A motion by Mr. Abraham, seconded by Mr. Herring, to adopt the East-West
Connector Alignment Study was approved with Commissioners Dusenbury, Herring,
Atkins, Houston and Abraham voting for the motion and Commissioner Carney voting
against the motion. (attachment)


22. New Business

   Terms of MI-Connection Loan - Commissioner Atkins said the way it is structured right now
   we would have to go back to all the parties in the Interlocal Agreement to establish terms and
   get approval. So even though it is called a loan, it is money out of our General Fund that will
   pay the difference of operating costs and will be paid back to the Town. Mrs. Setzer said the
   Interlocal Agreement allows for us to exchange funds to provide funding to MI-Connection.
   It is set up on our financial interest piece of that Interlocal Agreement. Mi-Connection cannot
   borrow money as an entity so we cannot loan them money. Therefore, we are providing
   operating money to them on our pro rata share and in the future, they will provide profit back
   to the Town on a pro rata share.



                                                                                               14
                                           Minutes
                                    Board of Commissioners
                                    Monday, April 12, 2010

23. Consider approving an Agreement for Government Liaison Services with The Ferguson
    Group LLC in the amount of $75,600 ($6,300 per month) for Washington representation
    services.

Action: A motion by Mr. Carney, seconded by Mr. Dusenbury, to continue this agenda
item to the June 24 meeting was unanimously approved.


24. Closed Session – G.S. 143-318.11
    A. Economic Development – G.S. 143-318.11(a)(4)
    B. Consult with Attorney – G.S. 143-318.11(a)(3)
    C. Consult with Attorney – G.S. 143-318.11(a)(3)
          Forest City Land Group, Inc. versus Town of Mooresville

Action: A motion by Mr. Herring, seconded by Mr. Abraham, to go into closed session to
discuss economic development and 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.


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

Action: A motion by Mr. Abraham, seconded by Mr. Herring, to award an economic
incentive grant to Carolina Beer and Beverage based on an investment of $4 to 5 million
in the amount of $18,500 per year for five years for a total incentive of $92,500 was
unanimously approved. The incentive grant will be proportionate to the final amount of the
investment.


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


The meeting was adjourned at 1:35 a.m.




Janet Pope                                          Chris Montgomery
Town Clerk                                          Mayor


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