HomeMy Public PortalAbout04-09-1997 Special Session
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Closed Session Minutes officjally 'Unsealed'l'Opened" by Town 8081d Action
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MINUTES
HILLSBOROUGH TOWN BOARD
Wednesday, April 9, 1997
6:30 PM, Town Office Complex
The Hillsborough Town Board held a Special Meeting on April 9, 1997 at 6:30 PM in the
Town Office Complex. Present for the Board Meeting were Mayor Horace Johnson,
Commissioners Remus Smith, Richard Simpson, Catherine Martin, Evelyn Lloyd and Kenneth
Chavious. Staff present were Town Manager Eric Swanson, and Town Clerk Donna Ray.
Others present were Attorney Nick Herman.
Mayor Horace Johnson called the meeting to order at 6:36 PM.
Upon a motion by Commissioner Chavious, seconded by Commissioner Simpson, the
Board moved to go into Closed Session for the purpose of discussing issues with the Town
Attorney by a vote of 4-0. The motion was declared passed.
Commissioner Lloyd arrived at the meeting at 6:40 PM.
RESERvom PROPERTIES
Town Manager Eric Swanson stated that the issues which would be discussed were:
1. Notifying the Board of the process about to take place concerning the 13
properties affected by the Reservoir Project for which the 30 day notices have now
expired; and
2. Obtain direction from the Board on the remaining parcels which have not yet
received 30 day notices.
Manager Swanson introduced attorney Nick Herman who is an associate for Mike
Brough's office.
Mr. Herman explained to the Board that the 30 day notices which were sent to the 13
properties affected by the Reservoir Project expired effective March 26, 1997. The filing of
lawsuits for these 13 properties will be handled in two batches, the first of which will be :filed
with the Clerk of Court next week and the remaining being filed the week after. At that point the
larIdowners will be notified of the lawsuit by the Orange County Sheriff's Department. Mr.
Herman stated that each landowner has 120 days from receipt of this notice to respond to the
lawsuit and then has the option to request and additional 30 days. At the end of that period of
time, the cases will either "settle" or "go to trial". Any trials will probably occur between
November of 1998 arid Spring of 1999.
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Closed Session Minutes officially 'Unsealecf'fOpenecr by Town Board Action
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Nick Herman stressed to the Board that from the time the lawsuit is filed and the Town
deposits the funds to purchase the property in the Clerk of Court's office, the Town owns the
property. Property owners have 10 days from the filing to obtain a restraining order against the
Town. If this is not done, the Town could proceed with Reservoir construction.
Mr. Herman detailed that of the 30 properties which will be affected by the Reservoir, the
landowners of7 of the properties have already allowed the Town to purchase their property, the
landowners of 13 of the properties are currently in possession of expired 30 day notices, leaving
landowners of 10 remaining properties which have not been noticed.
Nick Herman requested that the Board give direction as to how to proceed with this
process, and recommended that the remaining 10 properties be sent 30 day notices.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Smith, the Board
moved to authorize the attorney to proceed with noticing the remaining properties and authorized
the Town Manager to proceed with the depositing with the Clerk of Court's Office the checks for
the 13 properties for which the 30 day notices have expired by a vote of 5-0. The motion was
declared passed.
Manager Swanson assured the Board that they would be kept informed of the process.
INTERIM TOWN MANAGER
Town Manager Eric Swanson informed the Board that due to his resignation, he would be
presenting them with an outline of his proposed recommendation for the interim period along
with suggested options for the recruitment process at the April 14, 1997 meeting. Swanson
stated that he would be recommending that Finance Director Sherry Carter be named Interim
Town Manager due to her knowledge of the Town and the fact that she had served as Interim
Town Manager once before.
Upon a motion by Commissioner Lloy~ seconded by Commissioner Chavious, the Board
moved to return to Open Session by a vote of 5-0. The motion was declared passed.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board
moved to adjourn at 7:20 PM by a vote of 5-0. The motion was declared passed.
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Respectfully submitted,
Donna F. Ray, Town Clerk
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