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HomeMy WebLinkAboutC.054.93008_1283836 Alice Steuart named as board representative (see above listing). MOTION from Chairman Hedrick to accept this list, subject to the approval of those whose names appear on the list. VOTING: Ayes - 5; Nays - 0. Chairman Hedrick recommended that this group meet and elect their own chairperson. SUBDIVISION PLAT - ST. ANDREWS VILLAGE: Mr. Mike Dula, County Planner, presented this plat to the board. The plat is located between the 15th and 16th fairways at Mallard Head Golf Course, The planning board has approved this, and approvals have also been receive from Department of Transpor- tation, Health Department and the County Schools. There are 33 lots involved in this plat. There is a cart path noted on the plat that is dedicated to Mallard Head Golf and Country Club. MOTION from Chairman Hedrick to approve the subdivision plat as recommended by the planning board. VOTING: Ayes - 5; Nays - 0. RELEASE OF PROPERTY FROM DAVIE COUNTY: Mr. Deal, County Manager, said this release of property was discussed at the agenda briefing, and Mr. Pope, County Attorney, was to take a look at it from a legal point of view. At this time Mr. Pope said he talked with Bill Campbell at the Institute of Government about this problem, which is not a unique problem with Iredell County, he said. It was Mr. Campbell's opinion that if it was clear to both counties that a piece of property is in one county, but the people in the county do not want to be in that county, the legislature would have to draw the lines. The legislators would have to agree, and it might happen then, but the legislators are hesitant to mess with the county lines. The remedy would be to go to the legislature. General-• Statutes provide some remedies in certain situations where the lines are disputed. It allows the county to jointly pay to have a boundary established, employ a surveyor, and pay the costs. Another alternative is that either county may petition the Superior Court and they will appoint somebody to lay off the line. Mr. Pope said he looked at the Iredeli County maps, and based on the map, there is no question, except for one parcel, that it clearly is in Davie County, one property by about 501, some as much as 1,000 feet. He said he didn't have any information that the maps are not accurate. He believed it to be accurate. He said he didn't have any way to prove they they were, but to actually determine the county line would cost a considerable amount, possibly $100,000, which could result in a loss or gain of property to the county. Mr. Pope said another alternative would be to have a flight made of the county line, which would cost $10 to $12 thousand, and then to draw a line between the two corners established from the flight. Commissioner Crosswhite said she would like to see the General Assembly address this situation. If this situation exists all over the state, should encourage the legislators to look into the situation. She suggested that perhaps there could be a grandfather clause enacted if the property has been left in a county for a hundred years. Commissioner Murdock inquired if there was no recourse for these people whose property is presently under consideration. Mr. Pope responded that it could be handled in court. Commissioner Ostwalt said that it should be the responsibility of the government. For a number of years Iredell County has furnished schools, EMS, roads, and police protection to this area. These people have voted and paid taxes in Iredell County. He inquired, What do they have to go to court to prove? If we can petition the Superior Court, the courts of the land should make that decision. The total amount of the taxes received from this property is $1500. He said it was the right of the people in this instance, which is far more important to him than the taxes that come back from it. (Commissioner Ostwalt requested that these remarks be placed on the record.) He said he would make a motion to that effect. MOTION from Commissioner Crosswhite that in line with Mr. Pope's suggestion that representa- tives from both counties get together and work out some sort of solution. Commissioner Crosswhite said she would be willing to withdraw this motion if the board would authorize the attorney general to give his judgment on it. If this judgment does not resolve anything, then should possibly petition Superior Court. Commissioner Crosswhite also said Representative Walker is having a research person to work on it. The board discussed having some of the county's officials meet with officials from Davie and Rowan. MOTION from Commissioner Crosswhite to have a committee to meet with Rowan and Davie County. VOTING: Ayes - 5; Nays - 0. Chairman Hedrick appointed the county manager, county attorney, and himself to this committee. This matter is to be scheduled back on the agenda on September 1st. I