Minutes Mooresville Board of Commissioners September 3, :00 p.m. Mooresville Town Hall

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1 Mooresville 6:00 p.m. Mooresville Town Hall Agenda Briefing Friday, August 30, :30 a.m. Mooresville Town Hall Present: Mayor Miles Atkins. Commissioners Lisa Qualls, Eddie Dingler, Mac Herring, Rhett Dusenbury, Bobby Compton, Thurman Houston, Town Attorney Stephen P. Gambill and Town Manager Erskine Smith. Also Present: Carl Robbins, Police Chief; Curt Deaton, Fire Chief; John Finan, Public Works Director; Jeff Brotherton, IT Manager; Maia Setzer, Deputy Town Manager; Craig Culberson, Senior Planner; Allison Kraft, Senior Engineer; Keli Greer, Human Resource Director; Ryan Rase, Deputy Town Manager; Deborah Hockett, Finance Director; Kim Sellers, Public Information Officer; Janet Pope, Town Clerk. 1. Bob Henderson with COG presented information concerning the Labor and Trades Pay and Classification Study. 2. Craig Culberson presented a Land Use Plan update. 3. Staff was present to address any questions or concerns pertaining to the agenda. Mayor Atkins adjourned the briefing at 9:50 a.m. Regular Meeting 6:00 p.m. Mooresville Town Hall Present: Mayor Miles Atkins. Commissioners Lisa Qualls, Mac Herring, Bobby Compton, Thurman Houston, Eddie Dingler, Rhett Dusenbury, Town Manager Erskine Smith and Town Attorney, Stephen P. Gambill. Also Present: Ryan Rase, Deputy Town Manager; Maia Setzer, Deputy Town Manager; Shane Lacount, Deputy Fire Chief; Carl Robbins, Police Chief; John Finan, Public Works Director; Deborah Hockett, Finance Director; Craig Culberson, Senior Planner; Kim Sellers, Public Information Officer; Janet Pope, Town Clerk. Public Comment: No public comment. Mayor Atkins called the meeting to order at 6:00 p.m. Steve Gambill gave the invocation. Mayor Atkins led the Pledge of Allegiance. 1. John Yvars recognized Nick Lynch for winning first place in the North Carolina Chapter, Solid Waste Association of America state-wide truck rodeo. Rob Buff with the North Carolina Chapter of the American Public Works Association presented the Herman Drake Award (Sanitation Employee of the Year) to Bobby Torrence.

2 2. Mayor Atkins presented a Proclamation declaring September 14-23, 2013 as Constitution Week. (attachment) 3. Mayor Pro tem Herring presented a Proclamation declaring September 16, 2013 as Be the Match Week. (attachment) 4. Adjustments to the Agenda. Action: A motion by Mr. Herring, seconded by Mr. Houston, to approve the Agenda with the following adjustments was unanimously approved. A. Consent Item h. Remove Koorah Properties LLC B. Consent Item p. Add final agreement subject to review and approval by Town Attorney C. Agenda Item 6. Remove from agenda D. Agenda Item 7. PIN # should read E. Agenda Item 9. Remove Facility Use Agreement with Goodwill Industries of NC 5. Consent Agenda Items Approved: a. for the Town Board meeting of August 5, b. Adjustments to the Town Tax Scroll for 2013: (attachment) Releases Previous Years - $1, Releases $2, Additions $2, c. Approved a request from the MGSD Art Classes to display pinwheels at Franklin Moore Park on September 20-23, 2013 for International Day of Peace which recognizes the efforts of individuals, organizations and governments to end conflict and promote peace. d. Adopted a resolution establishing an Interlocal Agreement between Iredell County and the Town of Mooresville establishing a procedure for replacing lost or stolen road name signs in certain parts of Iredell County. (attachment) e. Renewed the annual maintenance agreement with Sungard in the amount of $51, for the RMS and CAD system at the Police Department. f. Amended the Town Manager s contract approved on June 6, 2011 by amending Section 6, Automobile Allowance to read as follows: Employee will receive an automobile allowance of $600 paid out monthly to compensate for the use of his personal automobile in the course of Town business. This allowance will be in lieu of mileage or any other method of reimbursement. g. Authorized the Town Manager to execute a license agreement with the Mooresville Downtown Commission to erect its annual holiday light display adjacent to Town Hall. This license is for the term beginning November 1, 2013 through January 5, (attachment) h. Approved the following right-of-way and easement purchase for the Cornelius-Mazeppa Connector Project. Remove from agenda: 1. Koorah Properties LLC - $ Charlotte Highway PIN Temporary Construction Easement acre Right-of-Way Acquisition acre 2

3 2. Davco Enterprises Inc. - $130,000 Glory Road PIN (attachment) Temporary Construction Easement acre Permanent Drainage Easement acre Right-of-Way Acquisition acres i. Renewed a contract with Iredell Healthcare in an amount not to exceed $60,000 for our on-site wellness program. This is our third year of the on-site wellness program and funds were approved in the budget. j. Approved a request from IT to donate three (3) servers to MI-Connection. The servers are no longer needed because of upgrades. k. Renewed the annual maintenance contract with SHI in the amount of $70, for our Microsoft licensing. (attachment) l. Renewed the maintenance contract with Davenport Group for the two Town Hall SAN devices in the amount of $50,794 for three years and the SAN device at Cornelius Police Department in the amount of $20,185 for three years for a total amount of $70,979. Funds were approved in the FY 14 budget. (attachment) m. Approved a request from the Fire Department to purchase a Chevrolet pickup truck in the amount of $30,770. The truck will serve as a brush truck and will be outfitted with a small tank and pump to assist in extinguishing fire in wooded areas and off road incidents. This truck will replace a 1991 model. Funds were approved in the FY 14 budget. n. Approved a request from the Fire Department to purchase 90 new fire helmets in the amount of $46, in recognition of the department s ability to maintain their Carolina Star designation. The department was recently awarded a re-accreditation and is the only multi-station fire department accredited in the state. Funds are available in the FY 14 budget. (attachment) o. Approved a budget amendment and accepted the Nourishing NC Grant in the amount of $3,000 for the Cascade Community Garden. No matching funds are required. The grant is a cooperative effort between Blue Cross Blue Shield and NC Recreation & Park Association to increase access to and consumption of fresh fruit and vegetables across North Carolina. (attachment) p. Approved a two-year contract (renewable for one 1-year period) with Golf Now, G1, LLC for an upgrade of the FORE! Reservation system, point of sale software, marketing and cloud backup; GolfNow promotion including TV, web, print and radio; Central Technology that includes web-based log in access and online tools, development and hosing of a mobile website for the golf course. In exchange for these services, Golf Now will receive up to two tee times (maximum of eight players) per day, each day during the contract period. The budget included $3,500 for the FORE! Reservation system that would not be paid during FY 14 under this agreement. The Cultural and Recreation Advisory Board has endorsed this contract. q. Implemented a fee for the Cultural and Recreation Services associated program providers in the amount of $75.00 for six months for advertising in Recreation News and Rec1 (departmental software). This fee would standardize the advertising procedure for associated program providers who would like for the Town to assist with promoting events while covering costs for materials/staff. r. Awarded a contract to Eury s Grave Digging of Kannapolis, NC in the amount of $25,000 to open/close graves in the Town cemeteries. (attachment) 3

4 s. Awarded a contract to L & M Construction of Blairs, NC in the amount of $75, to mow and maintain the Town cemeteries. (attachment) t. Approved a request from the Police Department to purchase a 2014 Ford SUV in the amount of $25, for a DARE vehicle. The department will use Federal Asset Forfeiture Funds to purchase the vehicle. (attachment) u. Approved the Memorandum of Understanding creating the Charlotte Regional Transportation Planning Organization (CRTPO). The CRTPO is the successor organization to the Mecklenburg-Union Metropolitan Planning Organization (MUMPO) and is being created in response to the expanded urbanized area (UZA) designated as a result of the 2010 census. It will fulfill all requirements for Metropolitan Planning Organizations (MPO) to conduct regional transportation planning. (attachment) v. Approved a one-year Lease Agreement with Nelco Recycling & Aggregate Company to locate on Bandit Lane. This agreement will give the Town the opportunity to be able to dispose of all Town concrete, asphalt, grass and mulch materials locally. The Town currently spends funds to have all brush and grass clippings hauled to the Iredell County Landfill. The agreement can be extended for up to five years. (attachment) 4. Deborah Hockett, Finance Director, presented the Financial Summary Report for one month ending July 31, (attachment) 5. Mr. Smith presented the Manager s Report. He reported on the library reading program, fall sports are in full swing, concert on Friday night, downtown featured in Charlotte Observer, Mooresville Fire and Rescue race, United Way Day of Caring, Citizen Academy begins Thursday evening, Banshee wrapped up filming season two, music video being filmed on Broad Street, school traffic is being monitored and right lane of 150 closed tonight for water leak repair. 6. Public Hearing to consider a Rezoning request from Hammerford Development Co. Remove from agenda. 7. Public Hearing to consider a Rezoning request from Piedmont Design Associates, P.A. Mayor Atkins opened the Public Hearing at 6:32 p.m. Mr. Culberson presented the request. There was no public comment. Mayor Atkins closed the Public Hearing at 6:36 p.m. Action: A motion by Mr. Herring, seconded by Mr. Compton, to approve the Statement of Reasonableness and the Rezoning request subject to staff recommendations was unanimously approved. The property located on Bevin Drive is further referenced as Iredell County Map PIN s , , , , , , , , , , , , , , 4

5 , , , and The property was rezoned from EI (Exclusive Industrial) to GI (General Industrial). (attachment) 8. Award of Contract Academy Street Project. Consider a contract with Bullseye Construction in the amount of $230,544 plus a 10% contingency in the amount of $23, for the removal and replacement of the curb, gutter and drive approaches on Academy Street from Wilson Avenue to Center Street. Action: A motion by Mr. Houston, seconded by Mr. Herring, to award a contract to Bullseye Construction in the amount of $253, for the Academy Street Project was unanimously approved. (attachment) 9. Selma Burke Community Center Facility Use Agreements. Remove Goodwill Industries of NC from agenda item. This agenda item was continued at the June 3, 2013 Board meeting to the September 3, 2013 meeting. Consider renewing the Selma Burke Community Center Facility Use Agreements with Easter Seals/UCP, Goodwill Industries of NC, Mooresville/Lake Norman Christian Mission, Mitchell Community College, and the Mooresville Graded School District. At the June 3, 2013 meeting, the created a subcommittee to work with staff to develop facility use agreements for the Selma Burke Community Center. The agreements presented are the result of that work. The subcommittee agreed that users of the Center who receive public tax dollars as a primary funding source would not be required to pay a rental fee. Action: A motion by Mr. Houston, seconded by Mr. Herring, to renew Facility Use Agreements with Easter Seals/UCP, Mooresville/Lake Norman Christian Mission, Mitchell Community College and Mooresville Graded School District was unanimously approved. (attachment) 10. Petition for Street Improvements. On August 19, 2013, Brawley Commerce Condominium Association, the State Employees Credit Union, Howell Forty Associates, LLC, 125 Commerce Park Drive Owners Association, and Top Properties, LLC submitted a petition for street improvements pursuant to Art. 10 of Chapter 160A of the North Carolina General Statutes. The streets they are asking to be improved are Kilson Drive and Commerce Park Road, both of which are located in the Brawley Commerce Park at the intersection 5

6 of Brawley School Road and Highway 21. The petitioners are agreeing to deposit onehalf of the costs of the project with the Town no later than fourteen days after a bid has been accepted for the street improvements and then to pay the balance in a one-time assessment levied in the next calendar year. The project is estimated not to cost more than $25,000. In order to begin the assessment process, the Board must first approve a preliminary assessment resolution that sets out the description, costs, and nature of the improvements and setting the date for a public hearing in which the Board can hear public comments before deciding whether to approve the final assessment resolution. Also included in their petition is an offer of dedication for these two streets. In order for the Board to assess the property owners for the costs of the improvements, the streets must have been accepted into the Town s street system. Such acceptance will occur if the Board approves the final assessment resolution Action: A motion by Ms. Qualls, seconded by Mr. Herring, to accept the Petition for Street or Sidewalk Improvements and adopt a Preliminary Assessment Resolution concerning the petition of the Brawley Commerce Condominium Association, The State Employees Credit Union, Howell Forty Associates, LLC, 125 Commerce Park Drive Owners Association and Top Properties, LLC was unanimously approved. (attachment) 11. Housing a Magistrate in the Iredell County Government Center South. Sponsor: Commissioner Dusenbury In years past, our citizens and particularly our police department were fortunate to have a magistrate located here in Mooresville. However, there has not been a magistrate located in Mooresville since 2002 except for a very short time in 2011, but that position was relocated back to Statesville. You may recall that in 2009, the Town Board approved an expenditure of over $198,000 to install video conference infrastructure with the magistrate s office in Statesville to allow our officers to communicate with the magistrate s office. Unfortunately the Administrative Office of the Courts removed our access to their network and our video conferencing capabilities were lost. The office of magistrate is a much needed and visible asset for our town. A magistrate is a judicial officer of the District Court who handles certain criminal and civil matters. In criminal cases, a magistrate issues warrants and sets bail. A magistrate may also accept guilty pleas and payments of fines and costs for traffic violations and minor misdemeanors. In civil cases, the magistrate presides over small claims court. Magistrates also have the authority to perform marriage ceremonies. There are several advantages to our police department in having an office located here in Mooresville. One of the greatest benefits is reducing the number of trips, and thus the amount of time spent on such trips, that our police officers must make to Statesville in order to obtain the assistance of a magistrate. As an example, the police department estimates that in August of this year, police officers traveled at least 51 times to the magistrate s office in Statesville which equates to an average time spent driving back and forth of over an hour per trip with the monthly mileage of such trips to be around 1800 miles. It should also be pointed out that sometimes it is the victim of a crime who is the only person who can ask that criminal 6

7 charges be brought and they must now travel to Statesville to do so. Mr. Matt McCall, the Iredell County Register of Deeds, is highly supportive of this request for several reasons: first, it would allow our citizens to have access to a magistrate for marriage ceremonies; second, it would greatly benefit our citizens who are in immediate need of assistance in having involuntary commitment papers issued for family members who are suffering from a mental condition or psychosis and who are a danger to themselves or others; and third, it would benefit our citizens who own rental property and have to deal with the eviction process. Commissioner Dusenbury has spoken with Senator David Curtis and Representative Robert Brawley and they are both in support of this action. Action: A motion by Mr. Dusenbury, seconded by Mr. Compton, to authorize the Town Manager to send a letter on behalf of the Town Board to the Senior Resident Superior Court Judge for Judicial District 22A, the Chief District Court Judge for Judicial District 22A, the Clerk of Superior Court for Iredell County and the Chairman of the Iredell County requesting that a magistrate be housed in the Iredell County Government Center South in Mooresville with a copy being sent to Senator David Curtis and Representative Robert Brawley was unanimously approved. 12. New Business. No new business. 13. Closed Session G.S A. Consult with Attorney G.S (a)(3) B. Personnel G.S (a)(6) Action: A motion by Mr. Herring, seconded by Mr. Houston, to go into closed session to discuss personnel 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. 14. Following the closed session, the Board returned to open session. Mr. Gambill asked for a correction to the Preliminary Assessment Resolution in Agenda Item 14. Correction was made. Action: A motion by Mr. Houston, seconded by Mr. Dingler, to approve the transfer of $514,280 in Availability and System Development charges from Mag Land Development, Inc. to Kolter Land Partners for application in the Curtis Pond Development was unanimously approved. 7

8 Action: A motion by Mr. Compton, seconded by Mr. Herring, to approve a 2.5 percent one-time bonus for the Town Manager was unanimously approved. Action: A motion by Mr. Compton, seconded by Mr. Herring, to approve a 2.5 percent one-time bonus for the Town Attorney was unanimously approved. Action: A motion by Mr. Herring, seconded by Ms. Qualls, to adjourn the meeting was unanimously approved. The meeting adjourned at 9:20 p.m. Janet Pope Town Clerk Miles Atkins Mayor 8