Email
Print
Sewer line and cows don't mix, so town and farmer reach agreement
ADVERTISEMENT
Published: May 20, 2009
Discovering surveyors marking a sewer easement through the middle of his 200-acre cow pasture was a 91-year old farmer's first surprise.
Asking for a realignment to move the easement and being told the bill would be $66,855 was the second.
And finding out construction could take two years and that the cows would have to be moved was the third.
But at Monday night's mid-month meeting of the Mooresville Town Board, commissioners were able to find a resolution agreeable to Eugene Alexander and his children for condemnation of approximately 13 acres of his property.
Daughter Jeanette Stikeleather said her father has farmed the property all his life and currently has a herd of 150 cattle on land between 128 Alexander and 520 Faith Roads.
The Alexander family first approached commissioners at their April 6 meeting stating they had not been notified about the easement and that it made more sense to run the easement closer to the creek along the side of their property, but felt it was unfair to charge them with realignment costs.
"Typically when we go out and stake an easement, we would walk with the property owners. In this case it seems that process fell through the cracks," Engineering Manager Ryan Rase explained to commissioners in April. Although Rase was not sure if the state's buffering requirements would allow an easement to be closer to the creek, commissioners asked Rase to review the options.
Monday night, Rase returned with three proposals After a 45-minute discussion and two failed motions, Commissioner Mitch Abraham proposed a compromise that included leaving the sewer easement in its original position, paying Alexander the highest appraisal of $149,100 for condemnation of approximately 13.2 acres and compensating Alexander for loss of the use of his property, a value not normally included in condemnation appraisals.
Because Alexander will not be able to graze his cattle on a stretch of his property and because pasture will have to be reestablished after construction, Abraham's motion included compensating Alexander for the cost of the fencing needed to keep the cows out of the construction area.
Abraham said Rase could use lowest of three bids to determine the price for the job at a cost not to exceed $85,400.
The Alexanders agreed to the original alignment of the easement, if the 20 manholes for the project were lowered to ground level. "This is not a swamp, it's a beautiful piece of bottom land that we've kept groomed and twenty manholes will ruin the looks of the place," said son David Alexander.
Realignment costs of $66,850 were never incurred because buffering requirements for the creek only allowed the easement line to be moved fifteen feet. The motion passed in a 4-2 vote with Commissioners Frank Rader and Thurman Houston opposed. Rader's previous motion to condemn at $149,100 with no other compensation failed.
"We feel good about it," David Alexander said after the meeting. "We're not hard to get along with, we just want done what's right."
In other action, commissioners tabled a request for a license to operate a billiard hall on Plaza Drive at the former YMCA location. Robert and Janet Toth, who ran a billiard hall in New Jersey, are planning a place with a restaurant and bar, 17 pool tables, shuffle board, video games and darts.
Commissioner Houston asked for the delay until no later than June 15 meeting to allow time for revising outdated game hall regulations. "The operating ordinances were written in 1975 when they were called pool halls, not billiards, and they had bad reputations," said Houston.
Also, the town board approved a resolution that "prohibits lodging on public streets." The revised ordinance was adopted in response to citizens' complaints about a man living out of his truck since January on Water Street and the inability of police to remove him.
Interim Police Chief Carl Robbins told residents they were waiting for the ordinance revision in order to take action.
The town board also scheduled budget discussions for June 8, 9 and 10 at Town Hall at 6 p.m. The meetings are open to the public, but no comments will be allowed until the public hearing at the June 15 town board meeting.
The budget will be posted May 28, on the town website www.ci.mooresville.nc.us.
*
The public is invited to a free Friday night movie on the green beside Town Hall. Bring blankets and a picnic for an 8 p.m. showing of "Bolt." Movies and concerts will be offered on Friday nights throughout the summer with a full schedule on town's Website.
Email
Print
