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					                                       Minutes
                         Mooresville Board of Commissioners
                              Monday, February 2, 2009
                          6:00 p.m. – Mooresville Town Hall

Agenda Briefing
Friday, January 30, 2009 - 8:30 a.m. – Mooresville Town Hall

Present: Mayor Bill Thunberg. Commissioners Frank Rader, Mac Herring, Mitch Abraham,
Thurman Houston, Miles Atkins, Town Manager Steve Husemann and Town Attorney Stephen
P. Gambill.

Absent: Commissioner Chris Carney

Also Present: Maia Setzer, Director of Administration and Finance; Tim Brown, Planning
Director; John Vest, Public Services Director; Ryan Rase, Engineering Manager; Wes Greene,
Fire Chief; John Finan, Public Works Director; Carl Robbins, Interim Police Chief; John
Pritchard, Library Director; Erskine Smith, Assistant Town Manager; Jackie Moore, Human
Resource Director; Craig Culberson, Senior Planner; Lisa Hammond, Risk Manager; Heidi
Ecklund, Deputy Town Clerk; Janet Pope, Town Clerk.

1. Consider a request from the Fire Department to accept a FIRE Act Grant from FEMA in the
   amount of $264,900. The grant amount is $238,410 and the Town’s matching share is
   $26,490. The grant will be used to replace all of the current self contained breathing
   apparatus.

Action: A motion by Mr. Rader, seconded by Mr. Abraham, to accept a FIRE Act Grant
from FEMA in the amount of $264,900 was unanimously approved. Commissioners
Houston and Atkins were absent.

Commissioners Houston and Atkins arrived at 8:35 a.m.

2. Consider a request from the Fire Department to accept a SAFER Grant from FEMA in the
   amount of $772,493. The grant amount is $325,140 and the Town’s matching share is
   $447,353. The grant will be used for three (3) firefighter positions for the Aerial Company.
   The SAFER Grant contributes to the salaries of these positions on a descending scale over a
   period of five years beginning with 90%, 70%, 50% and 30% respectively with the 5th year
   totally funded by the Town.

Action: A motion by Mr. Herring, seconded by Mr. Rader, to accept a SAFER Grant from
FEMA in the amount of $772,493 was unanimously approved. (attachment)

3. Kay and Phillip Robertson with The Mercer Group, Inc. presented Phase III of the
   Compensation and Classification Study - Administrative Group.

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

5. Closed Session – G.S. 143-318.11
      Consult with Attorney – G.S. 143-318.11(a)(3)
      Kimberly Nitzu versus Town of Mooresville
                                            Minutes
                                    Board of Commissioners
                                    Monday, February 2, 2009

Action: A motion by Mr. Herring, seconded by Mr. Abraham, 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.

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

Mayor Thunberg adjourned the briefing at 10:17 a.m.

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

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

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

Public Comment: Amy Eisele thanked the Board for their support of the Exchange SCAN
Center.

Kim Atkins, Executive Director of the Mooresville Downtown Commission, reported on the
North Carolina Main Street Conference that took place last week.

Mayor Thunberg opened the meeting at 6:08 p.m. Reverend George Franco from The Cove
Church gave the invocation. Mayor Thunberg led the Pledge of Allegiance.

1. Employee Introductions:
   Police Department – Jamie Robb and Cory Ciccarelli
   Planning Department – Neil Burke

2. Mayor Thunberg presented a Proclamation recognizing Dr. Martin Luther King Day.
   (attachment)

3. Mayor Thunberg presented a Proclamation recognizing Black History Month. (attachment)

4. Adjustments to the Agenda.

Action: A motion by Mr. Herring, seconded by Mr. Rader, to approve the Agenda with


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                                            Minutes
                                    Board of Commissioners
                                    Monday, February 2, 2009

the following adjustments and the consent agenda was approved with Commissioners
Rader, Herring, Carney, Houston and Abraham voting for the motion and Commissioner
Atkins voting against the motion.

A. Add Consent Item o.
B. Add Consent Item p.
C. Add Consent Item q.
D. Add to New Business: Consider adopting “A RESOLUTION CALLING FOR A
      PUBLIC HEARING ON MARCH 2, 2009 TO CONSIDER A PRELIMINARY
      ASSESSMENT RESOLUTION CONCERNING THE PETITION OF LANGTREE
      PROPERTIES, LLC, DAVID JACOBS, PEGGY K. JACOBS, RICHARD W.
      HOWARD, PAMELA M. HOWARD, ATRIUM AT THE LAKE, INC., AND JOHN Q.
      HAMMONDS REVOCABLE TRUST.” Such hearing cannot be held earlier than three
      (3) weeks nor later than ten (10) weeks from the date of the adoption of the preliminary
      resolution. Notice of the public hearing must be published at least ten (10) days before
      the date set for the public hearing and the owners of all property subject to assessment
      must be notified in writing at least ten (10) days prior to the hearing.
E. Add to Closed Session – Economic Development – G.S. 143-318.11(a)(4)

5. Consent Agenda Items Approved:
a. Minutes for the Town Board meeting of January 5, 2009 and January 19, 2009.
b. Adjustments to the Town Tax Scroll for 2008: (attachment)
           Releases – Previous Years - $462.06
               Releases – 2008 - $8,584.75
           Additions – 2008 - $33,152.15
               Vehicles – $157,445.67
c. Approved a request from the South Iredell Senior Center to reserve the Joe Knox Auditorium
   on March 2-4, 2009 from 8:00 a.m. until 5:00 p.m. and March 5, 2009 from 8:00 a.m. until
   9:00 p.m. for the Senior Center Readers Theater.
d. Authorized the Town Manager to cancel, on behalf of the Town, the cemetery option
   agreement for nonpayment of balance owed on the grave site purchased by Charleen Coxey,
   Glenwood Cemetery, Section 9, Grave 128. The last payment was made September 14,
   2007. Ms. Coxey was notified by certified mail in September, 2008 that a balance was due
   and that the grave was subject to reclamation; the Town has not received a response. Such
   cancellation will result in the purchaser forfeiting any payments made with ownership of the
   grave sites reverting to the Town.
e. Adopted a resolution declaring the intent of the Town of Mooresville to reimburse itself for
   capital expenditures incurred in connection with the acquisition, renovation and construction
   of parks and recreation facilities from the proceeds of certain tax-exempt obligations to be
   issued during Fiscal Year 2009 or Fiscal Year 2010. (attachment)
f. Approved a contract in the amount of $32,500 with Utility Advisor’s Network for the FY
   2009-2010 Utility Rate Study. The rate study is budgeted in the FY 2009 Annual Budget.
   (attachment)
g. Approved the following request for utility service based on the Sewer Allocation Policy
   adopted on February 11, 2008. Double rates will apply until annexation.
   1. R. J. Atwell Heirs/J. Stanley Atwell, Agent (water and sewer)        (attachment)
       River Highway (4 acres)         PIN’s 4647-36-8947, 4647-37-7115, 4647-37-8190
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                                             Minutes
                                     Board of Commissioners
                                     Monday, February 2, 2009

         The owner will be financially responsible for extending utilities to the property. Water is
         adjacent to the property; sewer is in the vicinity but will need to be extended. A
         voluntary annexation petition has been filed in accordance with the Town of Mooresville
         Utility Extension Policy. Annexation will be considered in June 2009.
h.   Rescinded the approval for condemnation taken at the January 5, 2009 Board meeting where
     the Board approved condemnation proceedings for the following:
     Church Street Improvements Project
         Sherwood Ray and Patricia B. Hussey            $9,450
         East Wilson Avenue             PIN’s 4657-90-7260, 4657-90-8010
              Permanent Easement                    0.038 acre
              Temporary Construction Easement 0.037 acre
i.   Approved condemnation proceedings for the following:
     Church Street Improvements Project
         Sherwood Ray and Patricia B. Hussey            $4,900      (attachment)
         East Wilson Avenue             PIN’s 4657-90-7260, 4657-90-8010
              Permanent Easement                    0.038 acre      $4,400
              Temporary Construction Easement 0.037 acre            $ 500
j.   Approved a renewal agreement with Arthur J. Gallagher and US Specialty Insurance
     Company in the amount of $348,844. Smaller specialty policies such as Crime, Public
     Official Bonds and Liquor Liability will be underwritten by various carriers through Arthur J.
     Gallagher at a cost of $5,462.30. This year’s quote also includes the Worker’s Compensation
     excess coverage for $35,593. The total cost of the insurance package is $389,899.30.
     Approximate savings from last year is $24,773.70. (attachment)
k.   Approved implementing the Pay Study recommendations for Administration as presented by
     the Mercer Group at the agenda briefing with an effective date of February 9, 2009.
l.   Awarded a contract in the amount of $46,969 to Advanced Valve Technologies and declared them
     “sole-source” for the purchase of an EZ-Valve® valve insertion system for the Town’s water and
     sewer lines. This system will allow the insertion of a valve into a 4-inch to 12-inch line while
     under pressure. It will save down time, manpower and allow service to our utility customers
     without interruption in their service. (attachment)
m.   Approved a formal request to the Iredell County Board of Commissioners to waive the
     tipping fees for the clean up of the Blackwelder Farm property.
n.   Approved a request from John Dodson on behalf of the Racing Hall of Fame and Ron
     Johnson on behalf of the Mooresville Convention and Visitor’s Bureau to purchase and
     install commemorative plaques of the Racing Hall of Fame inductees. The plaques will be
     installed in the sidewalk beginning at The Charles Mack Citizen Center.
o.   Granted Mr. Byron Henderson an additional thirty (30) days for demolition of 422 Patterson
     Avenue. The Board adopted an “Order to Demolish” at the December 1, 2008 meeting. The
     request is for 30 days to recoup the time he worked with the Fire Department. Mr.
     Henderson has completed an asbestos inspection and demolition bids have been placed.
     Demolition is expected to start late next week.
p.   Approved an agreement with Kimley-Horn Associates in the amount of $35,000 for the East-
     West Connector Traffic Impact Study. The Consortium (property owners south of Langtree)
     will be responsible for the $35,000 and the contract will not be executed until a lump sum
     payment is made to the Town. (attachment)



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                                 Board of Commissioners
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q. Authorized the Town Manager to execute a Settlement Agreement and Release regarding
   Kimberly Nitzu versus Town of Mooresville. (attachment)

6. Maia Setzer, Director of Administration and Finance, presented the Financial Summary
   Report for six months ending December 31, 2008. (attachment)

7. Mr. Husemann presented the Manager’s Report. He introduced David Pendleton from
   the MI-Connection Board of Directors. He reported on the year to date performance,
   phase 2 of business operations, the upgrade status, current activities and MI-Connection’s
   next steps. John Kasberger will be focusing on business development.

   Commissioner Carney asked that additions to the consent agenda be presented at the
   agenda briefing or not until the next month.

   Mr. Husemann said a hiring freeze is in effect but certain positions will be filled. A
   broader viewpoint of the Town’s plan for the present economic situation will be
   discussed at the retreat.

8. Public Hearing to consider a Conditional Use Rezoning request from Ashley
   Partners LLP.

Action: A motion by Mr. Rader, seconded by Mr. Carney, to postpone this Public
Hearing until the March 2 meeting was unanimously approved.


9. Public Hearing to consider a Conditional Rezoning request from LKN Investment
   Group, LLC.

Action: A motion by Mr. Carney, seconded by Mr. Houston, to postpone this Public
Hearing until the March 2 meeting was unanimously approved.


10. Public Hearing – Neighborhood Stabilization Program (NSP) Application.

   Mayor Thunberg opened the Public Hearing at 6:41 p.m.
   Mr. Brown presented the request.

   The Public Hearing is to receive comment on a proposed application to the North
   Carolina Department of Commerce, Division of Community Assistance (DCA) under the
   Neighborhood Stabilization Program (NSP) that was funded under the Housing and
   Economic Recovery Act of 2008. Iredell County is listed as one of the eligible counties
   and applications are due February 3. The proposed application would involve the
   acquisition of foreclosed homes and properties, rehabilitation of foreclosed properties for
   resale and housing counseling. The application will be for $2.9 million and would be
   carried in the greater Cascade area and selected other neighborhoods.



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                                          Minutes
                                  Board of Commissioners
                                  Monday, February 2, 2009

   Nydia Ferrell wanted to make a comment about the benefit that the community will
   receive if the Town of Mooresville buys those properties instead of a private investor. If
   the Town buys those properties, the individuals living in the property will have to go to
   their homebuyer program. They have a record of no foreclosures.

   Mayor Thunberg closed the Public Hearing at 7:06 p.m.

Action: A motion by Mr. Abraham, seconded by Mr. Houston, to authorize the Mayor
to sign the application for Neighborhood Stabilization Program funds was unanimously
approved.


11. Public Hearing – Amendment 2 to the Annexation Agreement between the Town of
    Mooresville, Town of Troutman and the City of Statesville.

   Mayor Thunberg opened the Public Hearing at 7:07 p.m.
   Mr. Gambill presented the request.

   This Public Hearing is to consider Amendment 2 to the Annexation Agreement between
   the Town of Troutman, City of Statesville and Town of Mooresville establishing
   boundaries for municipal annexation adopted on April 2, 2007 and amended on August 6,
   2007. In the original agreement, Statesville and Troutman established an area of
   “owner’s choice” where the property owner would choose which municipality would
   serve their property. A map is available that describes a portion of the area that has been
   divided between Statesville and Troutman in accordance with the wishes of the property
   owners. The boundary line agreement between the Town of Troutman and the City of
   Statesville has no effect on the boundary line as it affects the Town of Mooresville as set
   out in the agreement.

   Mayor Thunberg closed the Public Hearing at 7:09 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Atkins, to approve Amendment 2 to
the Annexation Agreement between the Town of Mooresville, Town of Troutman and
the City of Statesville was unanimously approved. (attachment)

The meeting recessed for nine minutes.


12. Public Hearing to Voluntarily Annex Properties.

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

   1. Langtree Properties LLC – Mecklynn Road, Langtree Road, Alcove Road, Wades
      Way, Caldwell Woods Drive - 4645-51-2406, 4645-40-4900, 4645-41-4176,
      4645-42-1148, 4645-42-8334, 4645-42-4209, 4645-40-9657, 4645-52-3413,


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                                        Minutes
                                Board of Commissioners
                                Monday, February 2, 2009

   4645-41-6595, 4645-42-5327, 4645-51-0776, 4645-51-2686, 4645-55-5274,
   4645-54-7453, 4645-54-7113, 4645-64-5225, 4645-64-5506, 4645-63-4877,
   4645-63-6831, 4645-64-8060, 4645-64-7513, 4645-64-9571, 4645-65-8489

2. David and Peggy Jacobs – Wades Way, Langtree Road – 4645-54-0923,
   4645-54-5634, 4645-64-3058

3. Atrium at the Lake, Inc. – Cattle Drive – 4645-74-2993, 4645-75-3254, 4645-75-3673

4. Richard W. Howard and David H. Jacobs – Langtree Road – 4645-43-2633

5. John Q. Hammons Revocable Trust – Alcove Road – 4645-65-0419, 4645-55-9147

Mr. Rader disclosed that the Boyd property is adjacent to the Langtree property. Mr.
Carney disclosed that he and the Langtree group pay rent to the same man and he owns a
company that does title insurance for property and one of these properties may come
through an attorney to them.

David Parker represents the five property owners. He is the attorney for John Q.
Hammons Revocable Trust. They have entered into a utility agreement with the Town.
Water has to be provided for their development. As far as the fire rating is concerned, it
will only impact their property and they are well aware of the fact that all of this will
have to be addressed at the appropriate time.

Linda Culbreth is in the middle of all of this annexation. She has been told that you will
not annex anyone’s property unless they request it. Mayor Thunberg said yes, that is the
policy of this Board. They are all very concerned and it is encouraging to hear that you
will not annex them unless they request it. Why does no one mention their wonderful fire
department at Mt. Mourne? Mayor Thunberg said there may be an opportunity for us to
cooperate with them.

Don Copeland said there is a lot of property here with a substantial tax value. What kind
of tax revenue can they expect versus infrastructure costs to get it up to par with the water
pressure, the sewage, etc. and how will it impact future residents or current residents of
Mooresville. So the current citizens of Mooresville will feel no impact or additional
costs associated with annexing. They are paying right now for future development with
no expectation to be reimbursed for that extra payment they are making for additional
annexation. Shouldn’t additional infrastructure and an increase in need be off-set by
impact fees that they would have to pay for connecting to our facilities?

Diane Depriest said she understands there is a lot of commercial development there but
there will also be a significant amount of residential as well. Will the children of those
future residents be part of the Mooresville Graded School District and if so, given that
every school in Mooresville is at or near capacity and also in Iredell County. Are there
plans to deal with that? Mayor Thunberg said the boundary is in the Iredell-Statesville
School System.


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                                         Minutes
                                 Board of Commissioners
                                 Monday, February 2, 2009

   Mayor Thunberg closed the Public Hearing at 7:54 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Houston, to adopt annexation
ordinances for the following properties was unanimously approved. Annexation is
effective February 2, 2009.
1. Langtree Properties LLC – Mecklynn Road, Langtree Road, Alcove Road, Wades
    Way, Caldwell Woods Drive - 4645-51-2406, 4645-40-4900, 4645-41-4176,
    4645-42-1148, 4645-42-8334, 4645-42-4209, 4645-40-9657, 4645-52-3413,
    4645-41-6595, 4645-42-5327, 4645-51-0776, 4645-51-2686, 4645-55-5274,
    4645-54-7453, 4645-54-7113, 4645-64-5225, 4645-64-5506, 4645-63-4877,
    4645-63-6831, 4645-64-8060, 4645-64-7513, 4645-64-9571, 4645-65-8489
2. David and Peggy Jacobs – Wades Way, Langtree Road – 4645-54-0923, 4645-54-
    5634, 4645-64-3058
3. Atrium at the Lake, Inc. – Cattle Drive – 4645-74-2993, 4645-75-3254, 4645-75-3673
4. Richard W. Howard and David H. Jacobs – Langtree Road – 4645-43-2633
5. John Q. Hammons Revocable Trust – Alcove Road – 4645-65-0419, 4645-55-9147
(attachment)


13. Public Hearing to consider Text Amendments to the Mooresville Zoning Ordinance.

   Mayor Thunberg opened the Public Hearing at 7:55 p.m.

   Mandy Edwards presented the request. There was no public comment.
     TA-2009-01 Section 11.3.6 Restoration after Casualty Damage

   Maureen Gable presented the request. There was no public comment.
     TA-2009-02 Table 9.1.4 (2) Off Street Parking Standards for Restaurants/Bars/
                    Nightclubs
     TA-2009-03 Section 4.5 Office Overlay
     TA-2009-04 Section 5.2.5 Type I Retail Use

   Craig Culberson presented the request. There was no public comment.
      TA-2009-05 Section 2.3.9, 2.3.10, 10.3.1 and 13.2 Infrastructure Bonding

Action: A motion by Mr. Carney, seconded by Mr. Herring, to continue the Public
Hearing for Text Amendment Section 2.3.9, 2.3.10, 10.3.1 and 13.2 Infrastructure
Bonding to the March 2 meeting was unanimously approved. (attachment)

   Mayor Thunberg closed the Public Hearing at 8:42 p.m.

Action: A motion by Mr. Rader, seconded by Mr. Houston, to approve the Statements
of Reasonableness and the following Text Amendments to the Mooresville Zoning
Ordinance subject to staff recommendations was unanimously approved.
1. Section 11.3.6 Restoration after Casualty Damage. The approved text amendment
    will allow in the event a single-family dwelling (excluding mobile homes) is damaged
    or destroyed, by natural event, to an extent more than 50 percent of its structural
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                                         Minutes
                                 Board of Commissioners
                                 Monday, February 2, 2009

   replacement cost at the time of damage or destruction, it may be rebuilt to its
   original footprint, location and scale, so long as it does not increase any non-
   conformities. (attachment)
2. Table 9.1.4 (2) Off Street Parking Standards for Restaurants/Bars/Nightclubs. The
   approved text amendment will more accurately reflect the demand for parking at
   restaurants, bars, nightclubs and combinations of these uses. While the text
   increases the required parking spaces for new businesses, it is very similar to the
   standards that were in place under the 1986 Zoning Ordinance but adds a
   requirement to include outdoor seating in the calculation and spaces for catering
   vehicles (if applicable). (attachment)
3. Section 4.5 Office Overlay. The approved text amendment will add Retail Food
   Preparation (6) to the list of uses that require a Conditional Use Permit. The Office
   Overlay runs along Williamson Road from the S.R. 1109 bridge north towards
   Brawley School Road and affects 71 properties. (attachment)
4. Section 5.2.5 Type I Retail Use. The approved text amendment will combine the
   uses listed into categories and add a Retail Food Preparation category. It will also
   allow the Planning Staff to classify other uses that are not currently listed (that are
   less than 5,000 square feet and of similar intensity) as Type I Retail. (attachment)

The meeting recessed for 8 minutes.

14. Recreation Master Plan Update.

   Derek Williams, President of Site Solutions Planning Consultants, presented an update to
   the Mooresville Parks and Greenways Comprehensive Master Plan. The plan was
   presented to the Recreation Advisory Board on January 7, 2009. The plan was last
   updated in 2003.

Action: A motion by Mr. Abraham, seconded by Mr. Carney, to approve the
Mooresville Parks and Greenways Comprehensive Master Plan was unanimously
approved.


15. First Amendment – Bulk Water Sales Agreement with the City of Hickory.

   Town staff began negotiating the renewal of the existing Bulk Water Sale Agreement
   prior to its expiration date of June 30, 2007. As long as negotiations are ongoing, the
   agreement remains in full force until amended. The City of Hickory has submitted the
   first amendment to the Bulk Water Sale Agreement for the Town’s consideration. The
   amendment includes the same terms as the previous agreement and would begin July 1,
   2009 and expire June 30, 2014. It may be renewed for two (2) additional five-year terms.

Action: A motion by Mr. Rader, seconded by Mr. Herring, to approve the First
Amendment to the Bulk Water Sales Agreement with the City of Hickory was
unanimously approved. (attachment)



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                                          Minutes
                                  Board of Commissioners
                                  Monday, February 2, 2009

16. Change Order #5 – Contract 74.0 – T.A. Loving Company – Water Treatment
    Facility.

   Contract 74.0 for the new 12 MGD Water Treatment Facilities is ready for closeout. The
   final adjusting change order in the amount of a credit ($122,817.06) will decrease the
   current contract amount from $29,946,751.32 to $29,823,934.26. The remaining
   allowance of $122,817.06 will be used to complete the up-fit of the facility (laboratory
   equipment, phones, computers and other assorted items).

Action: A motion by Mr. Rader, seconded by Mr. Carney, to approve Change Order #5
to Contract 74 – T.A. Loving Company in the credit amount of ($122,817.06) for the
Water Treatment Plant was unanimously approved. (attachment)


17. New Business

   Consider adopting “A RESOLUTION CALLING FOR A PUBLIC HEARING ON
   MARCH 2, 2009 TO CONSIDER A PRELIMINARY ASSESSMENT RESOLUTION
   CONCERNING THE PETITION OF LANGTREE PROPERTIES, LLC, DAVID
   JACOBS, PEGGY K. JACOBS, RICHARD W. HOWARD, PAMELA M. HOWARD,
   ATRIUM AT THE LAKE, INC. AND JOHN Q. HAMMONDS REVOCABLE
   TRUST.” Such hearing cannot be held earlier than three (3) weeks nor later than ten (10)
   weeks from the date of the adoption of the preliminary resolution. Notice of the public
   hearing must be published at least ten (10) days before the date set for the public hearing
   and the owners of all property subject to assessment must be notified in writing at least
   ten (10) days prior to the hearing.

Action: A motion by Mr. Herring, seconded by Mr. Rader, to adopt a resolution calling
for a Public Hearing on March 2, 2009 to consider a preliminary assessment resolution
concerning the petition of Langtree Properties, LLC, David Jacobs, Peggy K. Jacobs,
Richard W. Howard, Pamela M. Howard, Atrium at the Lake, Inc., and John Q.
Hammonds Revocable Trust was approved with Commissioners Rader, Herring,
Carney, Houston and Abraham voting for the motion and Commissioner Atkins voting
against the motion. (attachment)


18. Closed Session - G.S. 143-318.11
    A. Economic Development – G.S. 143-318.11(a)(4)
    B. Property Acquisition – G.S. 143-318.11(a)(5)
       Jim and Sarah Carr – 781 Agape Drive
       Richard W. Howard – 302 Rolling Hills Road

Action: A motion made by Mr. Herring, seconded by Mr. Abraham, to go into closed
session to discuss economic development and property acquisition was unanimously
approved.



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                                         Minutes
                                 Board of Commissioners
                                 Monday, February 2, 2009



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


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


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


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




 Janet Pope                                         Bill Thunberg
 Town Clerk                                         Mayor




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