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July 16, 2002 The Mooresville Town Council met in regular session on Tuesday, July 16, 2002 at 6:30 P. M. at the Mooresville Town Hall. Town Council members present were: President Tom Warthen, Mark Mathis, Toby Dolen, John L. Clark, and Andy Pygman. No council members were absent. Town attorney Tim Curren was present. Jeremy Town from the Mooresville Church of God gave the invocation. Public Hearing for TOA tax abatement: There were no public comments. Motion was made by Councilman Mathis, second by Councilman Dolen to approve the Findings of Fact. Motion carried 5 -0. Motion was made by Councilman Mathis, second by Councilman Dolen to approve Confirmatory Resolution # 9, 2002, for a ten year tax abatement for a TOA project. Motion carried 5 -0. Next on the agenda was Carl Keller, 128 South Street requesting the alley behind his house have some holes filled in and the alley leveled out. He said there were two foot holes that had never been filled. He told the Town Council that one year ago the council said the alley would be leveled out and put back as it originally was after the sewer work had been completed. President Warthen apologized to Mr. Keller saying he had thought the holes had been filled in and said he did not see a problem putting the alley back to exactly as it was. Mr. Keller said the property owners would then pave the alley. The area is 300 feet long and 9 feet wide. The council did not see a problem with property owners paving this area if it was a platted right of way. Town Council consensus was to go ahead and level out and have Street Superintendent Joe Beikman get prices on paving and stone. Alan Biddle, 426 Tulip Drive, spoke to the council concerning a manhole washed out and damaged properties at 426 and 422 Tulip Drive. President Tom Warthen had looked at the problem and said 2,000 feet of 8 inch pipe plus 9 manholes were needed. Street Superintendent Joe Beikman guessed cost would be between $100,000.00 and $150,000.00 for the repairs and thought the town would have to authorize to advertise for bids. This expense is allowable from the Food and Beverage Fund. Mr. Biddle asked about the property owner's damage. Town attorney Tim Currens told him the Town could not go on private property to make repairs but an evaluation of damages could be made. Motion was made by Councilman Mathis, second by Councilman Clark to authorize advertising for bids to fix the pipe, manholes and gravel at site of culvert, and to evaluate if easements are needed to protect the town sewers, and to pay from Food and Beverage. Motion carried 5 -0. Next was a letter from Mooresville Christian Academy requesting an adjustment to the Availability Agreement. The Academy was charged an extra $13, 575.00 for boring thru rock. Councilman Mathis told the council the bid was submitted with a "rock clause" in it. Councilman Pygman said he thought this was unforeseen additional work for Swinney Brothers and the Academy should pay. Motion was made by Councilman Pygman to deny payment of $13,575.00 out of Developer Availability Fund to the Mooresville Christian Academy. No second was forthcoming, so the motion died. Motion was made by Councilman Dolen, second by Councilman Clark to approve payment of $13,575.00 to Mooresville Christian Academy. Motion carried 3 -2. Councilman Pygman and Councilman Warthen opposed. Other Business: Councilman Mathis told the council Umbaugh and Associates had investigated sewer rates from the surrounding areas and Dave Frederick would be at the August 6'h meeting. Councilman Pygman and Councilman Mathis will confer with him prior the the meeting.