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83~ June 5, 2007 The Mooresville Town Cotttxcil met in regular session on June S, 2007 at 6:30 p.m. al the Mooresville CJovernrnent Center. Members presenk were: President, Tom Warthen, and Councilmen Jahn L. Clark, Toby llolen and Mark Harris. Councilman Eric Shields was absent. Town Attorney, Tim Currens was present. Max Holtzclaw of Grace Church gave the prayer. A motion tv approve the minutes of the May 1 S, 2007 meeting was made by Councilmani Clark, second by Councilman Dolen and carried 4-0. The first item on the agenda was Jae Mills of the Morgan County Historic Preservation Satiety, however Mr. Mills was not present at the meeting. The next item on flee agenda was a Public hearing for the increase of the Wastewater rates and the addition of a Stormwater Fee. President Tom Wartlxen explained that one year ago, the Town Council voted to contract IJmbaugh and Assaciates to conduct a rate study, which had not been done since 1983. The Wastewater Treatment Plant is currently operating properly but at 85-90% capacity and will need to increase in sire as the Town continues to grow. The study suggested the options of either bonding or raising rates to fund future improvements. The Council chose to raise rates. The increase in rates would be approximately 28%, which the Council felt was fair since they had not been raised in over twenty years. The base fee will increase approximately 2~1% and the usage fee approximately 32%. The increase will be divided into two increments. President Wartlzezx also explained. the need for a Stormwater fee to bring the Town into compliance with Rule 13, which is a Federal and State mandate that has been passed on to local governments. Rule 13 states that any water that enters the Town of Mooresville will leave in flee same or better condition. Failure to c.amply with Rule 1.3 can result in penalties of $10,000 per day. The Stormwater Department is currently operating with a budget of $168,000. Uznbaugh has suggested that the entire budget could be funded by adding an additional $1.65 fee per month to the Wastewater bill for properties located within the Civil Town of Mooresville. However, the Cauncil decided on a $1.50 fee that will fiend less than half of the Stormwater budget. President Warthen explained that with the approaching 2% circuit breaker, local goverzunents are looking to find other ways to i-'und flee services that they provide. There was no public comment. A motion to approve on second reading, C)rdizaance 9-2007, to increase the Wastewater rates, was made by Councilman I-larris, second by Councilman Clark. Motion carried 4- 0. A motion to approve on second reading, Ordizxance 11-2007, for the addition of a Stornwater fee, was made by Councilman Clark, second by Councilman Dolezi. Motion carried 4-0. The next item on the agenda was Holloway Associates requesting the vacating of right- of-way an the west side of old SR 67, east of Sundown Manor. The property being addressed is the grassy area east of Sundown Manor. Ross rollaway was present to represent the owner of the property, Bill Sodrel. Ross explained that in 1959 the State acquired a roadway easement across the property but did not purchase the land. The easement was for the purposes of widening SR 67. lIis client has a deed to the property, but it is subject to the roadway easement. In the early 1970's flee State vacated their rights back to Morgan County, and when the Town incorporated this area, they inherited. the County's right to the easement. They are requesting that the Town relinquish the roadway easement so that his client can use the property for a constructive purpose. The Town has a sanitary sewer that runs through this property and the sewer easements did not cover this portion of the ground.. Therefore, the Town vacating the roadway easement would be subject to the Towza's right to the sanitary sewer. Attorizey, Tim Currens stated that he had prepared. a sewer easement and anything the Council decided on would be subject to Mr. Sodrel executing the easement.