Mooresville Board of Commissioners Minutes Mooresville Board of by hedongchenchen

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									                                     Minutes
                       Mooresville Board of Commissioners
                             Monday, August 3, 2009
                        6:00 p.m. – Mooresville Town Hall

Agenda Briefing
Friday, July 31, 2009 - 8:30 a.m. – Mooresville Town Hall

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

Absent: Commissioner Mac Herring.

Also Present: Allison Kraft, Senior Engineer; John Vest, Public Services Director; Tim
Brown, Planning Director; Carl Robbins, Police Chief; Deborah Hockett, Assistant Finance
Director; Jeff Brotherton, IT Supervisor; Wes Greene, Fire Chief; Wanda McKenzie,
Recreation Director; John Finan, Public Works Director; Lisa Hammond, Risk Manager;
Heidi Ecklund, Deputy Town Clerk; Janet Pope, Town Clerk.

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

Mayor Thunberg adjourned the briefing at 9:30 a.m.

Regular Meeting
Monday, August 3, 2009 - 6:00 p.m. – Mooresville Town Hall

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

Absent: Commissioner Frank Rader.

Also Present: Allison Kraft, Senior Engineer; Tim Brown, Planning Director; John Vest,
Public Services Director; Wes Greene, Fire Chief; Carl Robbins, Police Chief; Erskine
Smith, Assistant Town Manager; Mandy Edwards, Zoning Administrator; Maureen Gable,
Land Development; Maia Setzer, Director of Administration and Finance; Neil Burke,
Transportation Planner; Janet Pope, Town Clerk.

Public Comment: Allison Lauderdale wanted to know what can be done about the rules and
regulations that are being broken at the skate park.

Mayor Thunberg called the meeting to order at 6:08 p.m. Mr. Gambill gave the invocation.
Mayor Thunberg led the Pledge of Allegiance.

1. Police Chief Carl Robbins presented a Certificate of Merit to Shamika Sherrill, James
   Badillya and Daniel Ryan in recognition of their service to the community.

2. Mayor Thunberg presented a Proclamation declaring the month of August as MDA
   Firefighter Appreciation Month. (attachment)
                                           Minutes
                                    Board of Commissioners
                                    Monday, August 3, 2009

3. Mayor Thunberg presented a Proclamation recognizing AeroDYN Wind Tunnel as a
   recipient of the 2009 Secretary of Defense Employer Support Freedom Award.
   (attachment)

4. Adjustments to the Agenda.

Action: A motion by Mr. Carney, seconded by Mr. Atkins, to approve the Agenda
with the following adjustments and the Consent Agenda was unanimously approved.
Commissioner Rader was absent.
A. Consent Item j. – Amount changed to $20 per manhole
B. Consent Item o. – Move to regular agenda
C. Agenda Item 14 – Remove from agenda

5. Consent Agenda Items Approved:

a. Minutes for the Town Board meetings of June 15, 2009 and July 6, 2009.
b. Adjustments to the Town Tax Scroll for 2009: (attachment)
       Releases – Previous Years - $3,024.78
           Releases – 2009 - $2,439.51
       Additions – 2008 - $1,957.76
           Additions – 2009 - $5,783.12
       Vehicles – $161,524.59
c. Approved Supplement No. 6 to the Professional Services Agreement between the Town
   of Mooresville and Utility Advisor’s Network for the 2009 Revenue Bond feasibility
   report. This report will demonstrate the water/sewer utility’s ability to repay current and
   future debt. The contract with Utility Advisor’s Network will not exceed $35,000, unless
   specifically authorized by the Town of Mooresville due to a request to assist the Town in
   presenting the bond feasibility report to various bond rating agencies and/or bond
   insurers, either in Mooresville, at the rating agency/bond insurers’ offices or via
   conference calls. Any consulting services provided by the Consultant relating to these
   presentations will be billed to the Town on an hourly basis at our current hourly rates,
   and any associated travel-related expenses will be billed to Town at cost. (attachment)
d. Approved a recommendation from the Public Works Division to install a standard speed
   hump in the 300 block of West Center Avenue and a standard speed hump in the 400
   block of West Center Avenue. The West Center Street traffic study showed that the
   street meets the criteria for speed humps.
e. Approved a request from Public Works, Police Chief and the owner of Bowman’s Golf
   Cart Sales to post “No Parking” signage on the south side of Limerick (formally Iredell
   Avenue) for 390 feet west of Highway 150. (attachment)
f. Approved a Regional Law Enforcement Mutual Aid Agreement with participating
   agencies. North Carolina General Statutes 160A-288, 153A-212 and 90-95.2 allow and
   authorize mutual aid assistance and cooperation between law enforcement agencies. The
   participating agencies wish to provide temporary assistance to one another in enforcing
   the general statutes of North Carolina and acknowledge that this agreement mutually
   benefits each participating agency in the form of enhanced law enforcement capabilities
   and efficiency within the jurisdiction of each agency. (attachment)


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                                           Minutes
                                    Board of Commissioners
                                    Monday, August 3, 2009

g. Authorized the Mayor to execute all documents necessary to complete the purchase of the
   following interests in the property necessary for completion of the Monroe/Mooresville
   Gas/Utility line project. All monies paid to the owners, including closing costs, are being
   paid by the City of Monroe.
   1. Property owned by Michelle F. Eggleston and F. Scott Eggleston
   2. Property owned by Teresa Earnhardt and Earnhardt Real Properties, LLC
h. Adopted a resolution leasing the property adjacent to Town Hall where the cell tower
   owned by Crown Castle is located. The lease is for ten years at an annual rental amount
   of $27,600 which will increase by 18% after five years. (attachment)
i. Approved Amendment #1 to the WSP-Sells Agreement for Engineering Services for the
   East Center Improvements Project in the amount of $18,000 for the following:
   1. Additional sidewalk on East Center from Magnolia Street to Rankin Street.
   2. Redesign a portion of East Center improvements to mill and lower the existing road
        grade in some locations to reduce the amount of temporary easement, grading and
        driveway replacement.
   Redesign costs also take into account some additional drainage improvements between
   Center and Ferncliff and along Ferncliff to accommodate the additional water that will
   now be directed to the existing system. This amendment will increase the contract
   amount from $51,000 to $69,000. (attachment)
j. Approved a Proposal for Surveying Services with WSP-Sells in the amount of $20 per
   manhole using survey grade GPS equipment and will not exceed $50,000 for the
   GIS mapping of existing manholes within the Town. (attachment)
k. Approved a request from the South Iredell Senior Center to reserve the lower lobby on
   Saturday, October 31, 2009 from 8:00 a.m. until 2:00 p.m. for the Senior Health Fair.
l. Awarded a contract to WSP Sells Inc. in the amount of $37,500 for the design and
   engineering of the construction of a northbound left turn lane on Talbert Road at
   Highway 150. (pages 34-35)
m. Adopted a resolution and approved a Municipal Agreement with NCDOT to install
   railroad crossing signals and gates at Williams Street at the estimated cost of $150,000.
   The Town’s estimated share will be $15,000 or 10% of the actual costs and 100% of the
   cost not reimbursed to the Department by the Federal Highway Administration.
   (attachment)
n. Renewed an annual contract with Synergy Coverage Solutions to administer
   the Town’s self-insured worker’s compensation program. The cost is $150 per medical
   claim, $750 per lost time claim and $50 per information only claim handling.
   (attachment)
o. Move to regular agenda: Consider approving the following list of CMAQ Candidate
   projects for 2012. There is an 80/20 match, cost reimbursement program. Project
   approval is contingent upon Board approval, endorsement by the Lake Norman RPO and
   NCDOT approval.

6. Mr. Husemann presented the Manager’s Report. He invited Ron Johnson to give the
   annual report for the Travel & Tourism Authority. Mr. Husemann reported on the water
   break at Highway 150 and McLelland and recognized the employees that worked all
   night to repair it, status of legislative changes for SAID bonds and code enforcement
   issues.


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                                        Minutes
                                 Board of Commissioners
                                 Monday, August 3, 2009

7. There was no MI-Connection report. Mayor Thunberg appointed Commissioners Atkins,
   Carney and Herring to a MI-Connection Review Committee.

8. Public Hearing to consider a Rezoning request from Rehm Family Trust.

Action: A motion by Mr. Carney, seconded by Mr. Houston, to return this agenda item
to the Planning Board for a recommendation was unanimously approved. Commissioner
Rader was absent.


9. Public Hearing to consider a Rezoning request from Automotive Collision Experts, LLC.

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

   Mayor Thunberg opened the Public Hearing at 6:55 p.m.
   Mrs. Gable presented the request. There was no public comment.
   Mayor Thunberg closed the Public Hearing at 6:59 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Abraham, to approve the Statement
of Reasonableness and the Rezoning request subject to staff recommendations was
unanimously approved. Commissioner Rader was absent. The property located at
Oates Road adjacent to I-77 is further referenced by Iredell County Tax Map PIN
4647-77-7913. The property was rezoned from GI (General Industrial) to HB (Highway
Business). (attachment)


10. Continuation of a Public Hearing to consider a Text Amendment to the Mooresville
    Zoning Ordinance.

   Mayor Thunberg opened the Public Hearing at 7:01 p.m.
   Mrs. Edwards presented the request. There was no public comment.
   Mayor Thunberg closed the Public Hearing at 7:03 p.m.

Action: A motion by Mr. Herring, seconded by Mr. Houston, to approve the Statement
of Reasonableness and the following Text Amendment to the Mooresville Zoning
Ordinance subject to staff recommendations was unanimously approved. Commissioner
Rader was absent.
1. TA-2009-16 Section 5.3.2 Institutional Uses (2)(E) Telecommunications Facility,
    Freestanding. The approved text amendment will remove the Conditional Use
    Permit requirements for improving or replacing an existing telecommunications
    facility. It will further clarify that collocation is required with exceptions.
(attachment)




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                                         Minutes
                                  Board of Commissioners
                                  Monday, August 3, 2009



11. Public Hearing to consider the Adoption of a Landmark Designation Ordinance
    request from Steven Keener and Shelia Goodson.

   Removed from agenda.


12. Award of Contract – Cornelius Road Park.

   A Construction Design Services and Construction Administration Contract with Wirth &
   Associates in an amount not to exceed $274,000 to provide professional design services
   for the proposed design and implementation documents for the Cornelius Road
   Park/Phase 1 development. An RFQ was sent out to solicit qualified firms to design the
   park. Firms were interviewed and the recommendation is Wirth and Associates.
   Elements of the park are proposed to be completely designed and bid as alternates.

Action: A motion by Mr. Abraham, seconded by Mr. Carney, to award a Professional
Services Proposal to Wirth & Associates in an amount not to exceed $274,000 for
professional design and implementation of Cornelius Road Park/Phase 1 with the
following conditions was unanimously approved. Commissioner Rader was absent.
1. Task One/Design by December 15. If not completed by December 15, 10% of the
    Task One fees will be forfeited. In the event that Task One is not completed no later
    than 45 days after December 15, 2009, the agreement shall terminate.
2. Task Two/Bid by January
3. Task Three/Award of contract by February
(attachment)


13. Award of Contract – Park and Ride Facility.

   Award of a design and engineering contract to Kimley-Horn and Associates, Inc. in the
   amount of $304,200 for the construction of Phase 1 of the Legacy Village Park and Ride
   Facility and approval of a budget amendment in the amount of $304,200.

   The meeting recessed for nine minutes.

Action: A motion by Mr. Herring, seconded by Mr. Abraham, to approve a budget
amendment and award a design and engineering contract to Kimley-Horn and
Associates, Inc. in the amount of $304,200 for Phase 1 of the Legacy Village Park and
Ride Facility was approved with Commissioners Herring, Houston and Abraham voting
for the motion and Commissioners Carney and Atkins voting against the motion.
Commissioner Rader was absent. (attachment)




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                                         Minutes
                                  Board of Commissioners
                                  Monday, August 3, 2009

14. Amendment #2 – Presbyterian Road Pump Station.

   Amendment 2 to the Black & Veatch International Company contract in an amount not to
   exceed $15,500 for design and permit revisions for the Presbyterian Road Pump Station.
   This amendment will increase the contract amount from $1,677,053 to $1,692,553.

Action: A motion by Mr. Carney, seconded by Mr. Atkins, to approve Amendment 2 to
the Black & Veatch contract in an amount not to exceed $15,500 for design and permit
revisions for the Presbyterian Road Pump Station was unanimously approved.
(attachment)


15. Attachment B Additional Supplementary Conditions – Morris Berg Architects.

   Attachment B Additional Supplementary Conditions to the 2003 contract with Morris-
   Berg Architects Inc. for architectural services for the Public Services Operation Center.
   It addresses the new site, scope of services and the total budget of $10 million. The
   approved construction budget represents $9 million of the total. Morris-Berg’s lump sum
   design fee is 6.5% of the approved construction budget or $585,000 based on a
   construction budget of $9 million.

Action: A motion by Mr. Houston, seconded by Mr. Abraham, to approve Attachment B
Additional Supplementary Conditions to the 2003 contract with Morris-Berg Architects
for the Public Services Operation Center with the following condition was unanimously
approved. Commissioner Rader was absent.
1. Permitting by February 1
(attachment)


16. Consider the following list of CMAQ Candidate projects for 2012. There is an 80/20
   match, cost reimbursement program. Project approval is contingent upon Board
   approval, endorsement by the Lake Norman RPO and NCDOT approval.
       Phase 2 of Legacy Village Park and Ride Facility
       Wilson Avenue bike lane extension between Lowrance Avenue and Alexander
          Street
       Sidewalks along Wilson Avenue along segments with existing bike lanes
       NC 150 and NC 115 turn lane improvements
       NC 3 northbound right turn land and traffic signal improvements
       NC 150 and McLelland Avenue intersection improvements
       Dye Creek Greenway
       Midnight-Oates overpass project – Does not meet CMAQ requirements
       Northbound right turn lane at Talbert Road and NC 150
      Add:
       Lake Norman Regional Bike Plan
       Doolie Road/Happy Oaks Bridge



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                                            Minutes
                                     Board of Commissioners
                                     Monday, August 3, 2009



Action: A motion by Mr. Herring, seconded by Mr. Carney, to endorse the following two
projects for the CMAQ Candidate Projects for 2012 was unanimously approved.
Commissioner Rader was absent.
1. Doolie Road/Happy Oaks Bridge
2. NC 150 and NC 115 turn lane improvements
(attachment)


17. New Business

   There was no new business.


18. Closed Session – G.S. 143-318.11
       Property Acquisition – G.S. 143-318.11(a)(5)
       Cherokee Mooresville, LLC – 476 South Main Street

Action: A motion by Mr. Atkins, seconded by Mr. Carney, to go into closed session to
discuss property acquisition 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.


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


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


The meeting adjourned at 9:02 p.m.




Janet Pope                                                    Bill Thunberg
Town Clerk                                                    Mayor




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