Town won't fence pasture during sewer line work

Town commissioners on Monday voted to condemn 13 acres of an elderly cattle farmer's land in order to construct sewer lines through his property. And they decided not to give him any money to build a fence to keep his livestock away from the construction work.

Also Monday, commissioners approved the $78.4 million 2009-10 town budget as expected, with a blended 7.9 percent rate increase for water and sewer customers. The new rates take effect July 1 raising a family's monthly utility bill by $5.24 for 5,000 gallons of usage.

Eugene Alexander, 91, had been hoping the town would pay to erect barbed wire fencing on his cattle farm near Faith and Presbyterian roads to contain his lifestock during the sewer construction.
But even with bids at two-thirds the original barbed wire estimate, commissioners voted to condemn Alexander's property with no money included for fencing the 13 acres of affected property.

Now Alexander will be responsible for keeping his cows away from the construction of a gravity sewer outfall line carrying wastewater to Presbyterian Pump Station and a force main carrying wastewater from the pump station to the Rocky River Wastewater Treatment Plant.

"It didn't go like I wanted it," said Alexander, who had expected around $85,400 in fence compensation after May's town board meeting.

For several months, commissioners have debated whether $149,118 for 13.2 acres between Faith and Presbyterian Roads is fair compensation for a pasture that could be unusable for at least two years during town construction.

Commissioners have questioned if the town should be paying Alexander more than the appraised price of his property, since the project disrupts his farming operations and affects his livelihood.
Alexander's son, David, said his father normally grazes 150 head of cattle on the pasture and would need a fence with swinging gates plus a well to water because access to the creek will be blocked during construction. None of these costs are included in the town's lowest fencing estimates.
"I don't think this has ever been about the fence," Commissioner Miles Atkins said at Monday's meeting, adding that both commissioners and the property owners had found $85,400 to be "an agreeable sum" at their May 18 meeting.
Last month commissioners thought they had found a solution to the original problem raised by the Alexander family. The proposed sewer lines would run down the middle of the farm's 200 acre pasture. When Alexander asked the town to consider realignment along the creek closer to the edge of his pasture, Engineering Manager Ryan Rase told Alexander he would be charged a $66, 855 redesign fee even though the town had never notified him of the initial surveying of his property.
But in May, the Alexander family agreed when commissioners' proposed keeping alignment in center of their pasture, but compensating by paying cost of the fencing and building manholes flush with the ground.
Commissioners asked Rase to use lowest of three bids for fencing, but saying costs could not exceed $85,400. But the bids came in much lower at $32,540 from Shore Custom Fencing and $39,873 from Charlotte's Allison Fencing.
"We can't understand such a difference in the fence prices," said David Alexander.
Town Manager Steve Husemann recommended sticking with commissioners' May motion and using lowest bid to compensate for fencing, but Atkins made a motion to compensate at $85,400.
The motion died for lack of a second, when Commissioner Frank Rader made a motion to condemn at appraised price of property, saying, "I think this is where would should have been at day one."
Rader's motion carried 4-1 with Atkins opposed and Commissioner Chris Carney absent.
After 30 days, a condemnation action will be filed with the N.C. Superior Court and Alexander has 120 days to respond. In the meantime, Rase said the town can proceed with the project as soon as they receive state authorization permits.
In a public hearing on the proposed town budget, only one citizen addressed commissioners. Larry Gregory, a former mayoral candidate, said "property taxes should be cut drastically." He also stated that government should play a limited role and that Mooresville should not be involved in running a cable business or a golf course.
Commissioners unanimously approved the budget, although Rader stated his concern that they "were not taking care of the future with this year's budget."
Rader has questioned whether utility rate raises this year are high enough to cover water and sewer expenses projected for next five years.