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HomeMy WebLinkAboutC.054.93010_0624 (2)IREDELL. COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES DECEMBER 18, 2001 The Iredell County Board of Commissioners met in Regular Session on Tuesday, December 18, 2001, at 7:00 p.m., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. Present: Chairman Sara Haire Tice Vice Chairman Karen B. Ray Tommy E. Bowles Steve D. Johnson R. Godfrey Williams Staff Present: County Manager Joel Mashburn, County Attorney William P. Pope, Planning Supervisor Ron Smith, Enforcement Captain Mike Phillips with the Sheriffs Department, Finance Director Susan Blumenstein, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. INVOCATION by Commissioner Bowles. PLEDGE OF ALLEGIANCE TO THE FLAG ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to adjust the agenda by adding the following: Request for Approval of a Resolution and Memorandum of Understanding Regarding the North Carolina Debt Setoff Clearinghouse program. VOTING: Ayes -- 5; Nays — 0. APPOINTMENTS BEFORE THE BOARD Marsha Powers (184 Powers Hill Drive, Mooresville, NC) along with Mike and Ann Holtzsclaw (445 Patterson Farm Road, Mooresville, NC) Spoke Regarding a Noise Problem: Mrs. Powers said she and her husband owned 35 acres of land, and the Holtzclaw couple owned I 1 acres. She said that even with this acreage they were harassed by noise. Powers said the adjoining property owner (William Wilkinson), leased his property to a model airplane club (RC Wingers). Powers said the models could be as large as eight feet in length and could reach speeds up to 200 mph. Mrs. Powers said the club consisted of about 35 members and they flew their planes from 8 a.m. through 8:30 p.m., during the summer months. Powers said the club previously operated in Rowan County, but due to a lawsuit, the members moved to Iredell County. Along with the noise problems, Mrs. Powers cited safety concerns. She said that with dry weather conditions, the planes could easily crash and start a fire in a nearby patch of pine trees or in the roof of one of their homes. Powers said that even worse, bodily harm or fatal injuries could occur. Mrs. Powers said the harassment was notjust the noise. She said the members "dive bombed" vehicles, stalled the planes in midair, creating even more noise, and they had other annoying antics. Powers said the sheriffs department was Trying to use the county's noise ordinance to remedy the problem; however, the district attorney said the ordinance was not enforceable. Mrs. Powers said she and Mr. and Mrs. Holtzclaw were asking the commissioners to find a way to make the ordinance enforceable. She also asked for the county to expand the zoning requirements for the club. Powers said that when the members were told they needed a special use permit to operate as a club, they removed their club sign. Mrs. Holtzclaw said she had owned homes on the east and west coasts, and she had never encountered anything like the situation. She said that for the past six months, the club had continually harassed them. I Holtzclaw said many steps had been taken the resolve the issue, both on a personal and legal basis. She said an attorney sent a letter to the club, but the harassment became worse. Holtzclaw said the attorney stated he could file a summary brief for $10,000 and take the club members to court; however, Mrs. Holtzclaw questioned why she and the Powers couple had to pay to find peace and quiet. She said the club members left their homes, where they probably had peace and quiet, flew their planes near her property, and then left. She said Mecklenburg County provided a space for model airplane flyers to congregate, and she understood the City of Statesville also provided a site.