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HomeMy Public PortalAbout06-28-2004 Workshop Session . . . Minutes June 28. 2004 Monthly Wor1lshop Page 1 of4 Minutes Approved: July 12, 2004 256 Town of Hilli gh MINUTES Board of Commissioners Monthly Workshop Monday, June 28, 2004 at 7:30 PM Town Barn The Hillsborough Town Board held a monthly Workshop on Jillle 28, 2004 at 7:30 PM in the Hillsborough Town Barn. Present for the Workshop were Mayor Joe Phelps, and Commissioners Mike Gering, Frances Dancy, Evelyn Lloyd, and Brian Lowen. Staff present were Town Manager Eric Peterson, Planning Director Margaret Hauth, Finance Director Greg Siler, Town Clerk Donna Armbrister, and Assistant Town Manager/Public Works Director Demetric Potts. 1. Open the Monthly Workshop Mayor Joe Phelps opened the Monthly Workshop at 7:30 PM. Mayor Phelps added a discussion of Communication between the Orange Rural Fire Department and the Town as Item 8.A. Mayor Phelps also added a discussion of Hampton Pointe as Item 3.A. 2. Updates from the Mayor & Board on Key CommitteesfIssues Commissioner Gering reported that the Town Clock Dedication went extremely well and thanked everyone for their participation. Commissioner Lowen reported that the 250th Anniversary Celebration event at Hog Day was very successful. He stated that attendance was down due to the heat, but it was successful none the less. The 250th Anniversary Committee has decided that the celebration will be a year long event and will flow over into 2005 since they got a late start this year. The new banners will be up in the downtown area and at the entrances to the Meadowlands very soon. 3. Discussion of letter to Transportation Advisory Committee regarding scoping comments for the Elizabeth Brady Road Extension Mayor Phelps directed the Board's attention to a letter from Commissioner Hallman who could not be present at the meeting re-emphasizing the request from the Transportation Advisory Committee at the last DOT Division 7 meeting for all T AC representatives having any . . . Minutes June 28, 2004 Monthly Workshop Page 2 of 4 Minutes Approved: July 12, 2004 257 comments regarding the Elizabeth Brady Road project to submit them in writing as soon as possible. Mayor Phelps reported that both he and Commissioner Hallman attended the T AC meeting on June 23rd and at that meeting he submitted a letter on behalf of the Board outlining the direction the Board gave at their June 14th meeting. A copy of Commissioner Hallman's letter and the letter Mayor Phelps submitted to the Transportation Advisory Committee along with the Resolution Regarding Elizabeth Brady Road for the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization 2025 Long Range Transportation Plan which was approved December 4, 2002 are hereby incorporated by reference and made a part of these official Minutes as Attachments. ADDED ITEM 3.A. Discussion on Hampton Pointe Planning Director Margaret Hauth addressed the Board and reported that Home Depot has signe3d a contract to purchase land and open a store in Hampton Pointe. A revision to the plan has been submitted and in an effort to keep the Town Board informed of the changes, it was added to tonight's agenda One of their strongest interests is to have the driveway entrance off of Hampton Pointe Boulevard which before was a "right-in" access only relocated so the Home Depot site could be accessed from Hwy 86. After review of this revision and noting the safety concerns, it was not deemed to be a substantial change. 4. Approve Year End Budget Amendments for 2003-2004 Town Manager Eric Peterson added an additional Budget Amendment on the Water Sewer Capital Facility Fees for the Board's consideration Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to approve the Year End Budget Amendments for 2003-2004 as presented by a vote of 4-0. The motion was declared passed. A copy of the Year End Budget Amendments for 2003-2004 is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 5. Approve Year End Encumbrances for 2003-2004 Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to approve the Year End Encumbrances for 2003-2004 as presented by a vote of 4-0. The motion was declared passed. A copy of the Year End Encumbrances for 2003-2004 is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 6. Approve Year End Purchase Order Encumbrances for 2003-2004 Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve the Year End Purchase Order Encumbrances for 2003-2004 as presented by a vote of 4-0. The motion was declared passed. A copy of the Year End Purchase Order Encumbrances for 2003-2004 is hereby incorporated by reference and made a part of these official Minutes as an Attachment. . . . 258 Minutes June 28, 2004 Monthly Workshop Page 3 of 4 Minutes Approved: July 12, 2004 7. Discussion of Annexation Laws and Procedures Mayor Phelps referred the Board to the letter in their agenda packet from Town Attorney Bob Hornik regarding Involuntary Annexation Procedures. A copy of this letter is hereby incorporated by reference and made a part of these official Minutes as an Attachment. Town Manager Eric Peterson suggested the Board consider whether or not they would be interested in involuntary annexation of an area if it were financially feasible? Commissioner Lowen expressed an interest in having Town Manager to conduct an annexation feasibility study on the properties of Cedar Creek Condos and The Heritage. Commissioner Gering stated that he would need to think about this more before moving forward. After some discussion and by consensus, the Board directed the Town Manager to review the Sales Tax and report back to them on how annexation might affect it. 8. Other There was no other business discussed. ADDED ITEM 8.A. Communications with Orange Rural Fire Department Mayor Phelps suggested the Board consider having routine occasional meetings with the Orange Rural Fire Department to discuss issues such as their long range plans. He further suggested that the Fire Department be advised of the Board's interest in these future discussions. After a brief discussion, and by consensus, the Board agreed. By consensus, the Board requested that the Town Board Representative with the Orange Rural Fire Department (which is currently Commissioner Lloyd) report back to the Town Board and keep them updated on issues related to the Town. 9. Closed Session as authorized by North Carolina General Statute Section 143-318.11.(a)(3) to consult with Town Attorney concerning the position to be taken on behalf of the Town regarding Corbinton Commons Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to go into Closed Session as authorized by North Carolina General Statute Section 143- 318.11.(a)(3) to consult with Town Attorney concerning the position to be taken on behalf of . . . 25~ Minutes June 28, 2004 Monthly Workshop Page 4 of 4 Minutes Approved: July 12, 2004 the Town regarding Corbinton Commons by a vote of 4-0. The motion was declared passed. 10. Adjourn Upon returning to Open Session and by consensus, the Board announced that there will be a Special Meeting on July 8th, 2004 at 7:30 PM regarding Corbinton Commons. Commissioner Lowen reported that in the Fairview Community (off of Tulip Tree Drive) there is an area that has become a dump area. Planning Director Hauth stated that if it is in the ETJ, there isn't anything the Town can do about it. Commissioner Lowen suggested that a letter be sent from the Mayor to the County Commissioners. By consensus, the Board authorized the Manager to draft a letter for the Mayor's signature to the County Commissioners Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adjourn the meeting at 9: 18 PM by a vote of 4-0. The motion was declared passed. ~'p Donna F. Armbrister, CMC Town Clerk 260 . Memornndrnn To: Mayor Phelps and Town Board Members cc: Eric Peterson, Margaret Hauth From: L. Eric Hallman Date: 6/27/2004 Re: E. Brady Road Letter to TAC . I apologize for my absence at tonight's Town Board Meeting but I am out of town. I wish to provide a report on the Transportation Advisory Committee meeting held last Wednesday, June 23rd. As you may recall, at our last board meeting I reported that during the DOT Division 7 meeting TAC representatives were told that if we had any comments regarding the Elizabeth Brady Road project we should submit them immediately. I subsequently spoke with Mike Rhea, one of the DOT planners responsible for this project. He again asked that we submit any comments quickly and informed me that these should be sent to the DOT through the TAC. At our last board meeting I asked the board for direction on this matter and stressed the time constraints we faced. (The next meeting of the TAC after the June 23rd meeting is scheduled for late August). After discussion on this topic a motion was made to ask the DOT to consider a range of roadway alignments including 2 travel lanes on a standard 2-lane right of way, 2 travel lanes on a 4-lane right of way, and 4 travel lanes on a standard 4-lane right of way. This motion passed unanimously. Last Wednesday morning at the TAC meeting (attended by the Mayor and me) we discussed this issue and asked that the attached letter be forwarded to the DOT. The Orange County representative, Alice Gordon, asked that the T AC letter also include a short statement that asks the DOT to review the Orange County's previous comments regarding this project. The TAC voted to approve both requests and has sent a letter to the DOT reflecting these comments. I will be happy to answer any further questions at the next regularly scheduled board meeting. Thank you. Sincerely, Eric Hallman . 1 Town of ~ill~ 261 ,.'. gh June 15,2004 Mr. Alex Zaffron, Chair DCHC MPO Transportation Advisory Committee 101 City Hall Plaza Durham, NC 27701 RE: Seoping Comments on U-3808, Elizabeth Brady Road Extension, Hillsborough Dear Alex, At the Transportation Improvement Plan Division 7 meeting, Board member Doug Galyon suggested that specific comments and concerns that could impact the Environmental Impact Statement for the above project should be shared as soon as pos~~. . To that end, the Hillsborough Town Board of Commissioners discussed comments and direction they wished to provide at their June 14 meeting. The Board unanimously voted to ask the Durham-Chapel Hill-Carrboro Transportation Advisory Committee to forward the following comment regarding the scope of topics to be addressed in the document: A range of roadway alignments be considered including 2 travel lanes on a standard 2-lane right of way, 2 travel lanes on a 4-lane right of way, and 4 travel lanes on a standard 4-lane right of way (including a divided median). All considered alignments are to include bicycle and pedestrian facilities. Included in that successful motion, the Town Board also asked to relay its priority of impact consideration to be first the impact to existing homes, followed closely by the impact to the natural environment. The appreciates the T AC's attention to this request. Please contact our staff with any questions. ~~ Mayor . 101 East Orange Street. P.D. Box 429 . Hillsborough, North Carolina 27278 010_7':l9_197n. J7NV 010.I:AA ')')Ofl Town of . Hill~ 262 Resolution Regarding Elizabeth Brady Road for the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization 2025 Long Range Transportation Plan BE IT RESOLVED that the Hillsborough Town Board of Commissioners is pleased that bicycle and pedestrian facilities have been included in the Elizabeth Brady Road Extension project connecting US 70 Business and US 70 Bypass; and the Board requests that the 2025 Long Range Transportation Plan reflect the following:' The corridor under consideration for the Elizabeth Brady Road Extension is extremely sensitive from both an environmental and cultural aspect and therefore the ToWn Board implores the NCDOT to employ the highest quality of design standards to the selected option. The Board requests that the alignment shown in the original plan be included in the 2025 Long Range Transportation Plan. . The road configuration should include four lanes unless two lanes are demonstrated to be adequate for the projected traffic volumes in 2025. This resolution being offered upon a motion by Commissioner Dancy and seconded by Commissioner Chavious was passed at the December 2, 2002 Town Bo Commissioners meeting. . 1. Donna F. Armbrister, Town Clerk. to the Hillsborough Town Board of Commissioners, do hereby certify that the foregoing is a true copy of so much ofthe proceedings of said Board at a meeting held on December 2, 2002 as relates to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. Witness my hand and ~eal of said Town, this 4lh day of December, 2002. \\,\111""11 '\\\\ cHILL' III".. ~' ,-,-' Ol" ' 'Se ..,,~ !~~SEAI,- - ~\ _. ~ .. - 1-- Town ~ e::::.:: f o~' ~ (i) = Donna F. Armbrister : lIills :::c:: Town Clerk :. .... - ~~.. ~ wi' Q ~ ~, ~h ~"t- $ "" It CA': RO'tJ "",... ~ ~ ~ , II'.'ill...." Town of etIill~ 263 BUDGET AMENDMENTS June,2004 6. WATER FUND BEFORE ADJ. ADJ. AFTER ADJ. REVENUE 30-3730-000 Water Capital Facility Fee $ 45,000 $ 98,489 $ 143,489 30-3750-000 Sewer Capital Facility Fee 20,000 88,971 108.971 $ 65.000 $ 187.460 $ 252.460 EXPENSE 30-9700-000 Transfer to Capital Reserve Fund $ - $ 187.460 $ 187.460 To establish Transfer to Capital Reserve Fund account and transfer excess Capital Facility Fees from the Water/Sewer Fund to Capital Reserve Fund. tiAP1T AL RESERVE FUND EVENUE 70-3360-000 Developers/Contrib. -Water $ 966,190 $ (546,190) $ 420.000 70-3970-000 Transfer from Water/Sewer Fund 546,190 546,190 70-3970-000 Transfer from Water/Sewer Fund 546,190 187 ,460 733.650 $ 1.512.380 $ 187.460 $ 1.699.840 EXPENSE 70-6900-730 Capital Improvement $ 590.913 $ 187.460 $ 778.373 To establish Transfer from Water/Sewer Fund account, transfer prior year's budget to new account and record 6/28/2( transfer from the Water/Sewer Fund. APPROVED: tJr; -4~ tJl f/oM VERIFIED: . 137 North Churton Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-2104 · Fax 919-732-1028 264 BUDGET AMENDMENTS JUNE, 2004 .age 2 BEFORE ADJ. ADJ. AFTER ADJ. GENERAL FUND 5. REVENUE 1 0-3050-000 Food and Beverage Tax $ 171.000 $ 9.000 $ 180.000 EXPENDITURES 10-4100-041 Governing Body-Attorney Fees $ 35,000 $ 26,000 $ 61,000 1 0-4200-020 Adm inistration-Salaries 150,800 13,000 163,800 1 0-4200-540 Adm inistration-Insurance 184,500 20,000 204,500 10-4200-570 Adm in istration-M isc. 5,000 6,000 11,000 1 0-4200-970 Administration-Serv. Charge/WS (227,500) (19,500) (247,000) 10-4400-020 Finance-Salaries 188,000 10,000 198,000 10-4400-970 Finance-Serv. Charges/WS (221,900) (5,000) (226,900) 1 0-5000-740 Ruffin Roulhac-Equipment 35,000 (4,151) 30,849 10-5110-010 Police Patrol-Overtime Compo 18,400 20,000 38,400 10-6250-040 Tourism-Admin. Cost 10,000 800 10,800 1 0-6250-450 Tourism-Contract Servo Alliance 96,000 4,920 100,920 1 0-6250-730 Tourism-Capital Improvement 64,000 3,280 67,280 10-6400-1 50 Cemetery-Maintenance/Repair 2,500 2,000 4,500 10-6400-570 Cemetery-Miscellaneous 1,000 5,000 6,000 1 0-9990-000 Contingency 73.349 (73.349) . $ 414.149.00 $ 9.000.00 $ 423.149.00 WATER FUND EXPENDITURES: 30-7220-611 Engineering-Service Charges/Admin. $ 227,500 $ 19,500 $ 247,000 30-7220-612 Engineering-Service Charges/Finance 221,900 5,000 226,900 30-7240-020 Bil/&Col/./Meter Read.-Salaries 189,000 7,000 196,000 30-7240-450 Bill&Coll./Meter Read.-Cont.Serv./Bust 1 ,400 1 ,400 30-8140-020 Water Dist.-Salaries 150,000 15,000 165,000 30-8140-330 Water Dist.Dept.Supplies 74,200 8,000 82,200 30-8200-020 WW Collection-Salaries 176,400 20,000 196,400 30-8200-330 WW Collection-Dept. Supplies 53,000 15,000 68,000 30-8200-570 WW Collection-Miscellaneous 5,938 9,000 14,938 30-9990-000 Contingency 100,000 (99,900) 100 $ 1,197,938 $ - $ 1,197,938 To balance departmental accounts for year end. APPROVED: Cv.,.~f---tJ( . VERIFIED: ~t/ tfk Town of tHill,~ 265 BUDGET AMENDMENTS June.2004 GENERAL FUND 1. EXPENDITURES 1 0-4400-452 10-9990-000 BEFORE ADJ. ADJ. AFTER ADJ. Fi nance-Cant. Serv.lF in. Consu Itant Contingency $ - $ $ 83,849 $ 83,849 2,500 $ (2,500) $ 2,500 81,349 83,849 To fund Financial Consulting with Carter Professional Services. 2. REVENUE 10-3480-000 FEMA Assist. $ - $ 67,571 $ 67,571 EXPENDITURE 10-5600-571 Street-Ice Storm Cleanup $ - $ 67,571 $ 67,571 . record receipt of FEMA Reimbursement for the Dee 2002 Ice Storm. 3. EXPENDITURES 10-6900-922 Special Approp.-250th Anniv. $ - $ 8,000 $ 8,000 1 0-9990-000 Contingency $ 81,349 $ (8,000) $ 73,349 81,349 81,349 To fund the Town's 250th Anniversary. WATER FUND 4. REVENUE 30-3350-000 Miscellaneous $ 17,066 $ 1,140 $ 18,206 30-3990-000 Fund Balance 393,232 (1,140) 392,092 410,298 410,298 To record the sale of Waste Water Dist. Welding Machine Arc. ~d: p<< -~f"'()f . V;;;;~; ~IJ tlaz 137 North Churton Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-2104 . Fax 919-732-1028 Town of ~]~ 266 ENCUMBRANCES FROM 2003-2004 TO 2004-2005 GENERAL FUND 1 0-4200-452 Administration-Cont. Serv./Emp. Orientation $ 3,800 10-4900-450 Planning-Cont.Serv./Strategic Gr rowth PL 24,911 1 0-4900-742 Planning-Cont.Serv./Land Acquistion 7,500 10-4900-750 Planning-HOME Funds Grant Match 8,300 10-5100-571 Police-Misc./Drug Buy Money %AGE 1 ,409 10-5550-730 Motor Pool-Capital Improvement 25,000 1 0-5600-152 Street-Christmas Decoration 35,000 1 0-5600-320 Street-Office Supplies 2,000 10-5600-454 Street-Cont.Serv./Storm Water Evai. 6,843 1 0-5600-731 Street-Capitallmprov./Bridge Repair 109,349 10-6900-900 Special Approp.-Orange Co./River Walk 23,777 10-6900-921 Special Approp.-Tree Maint./New Trees 5,000 1 0-6900-922 Special Approp.-250th Anniv. 1,000 . $ 253.889 WATER FUND 30-7220-451 Engineering-Cont.Serv./GIS Data $ 26,159 30-7220-453 E ng i neeri ng-Cont. Serv./I ntern 2,800 30-7220-456 Engineering- Vulnerability Assessment 1,350 30-8120-730 Water Plant-Capital Improvements 10,500 30-8140-740 Water Dist.-Equipment 4,000 30-8200-452 WWColl.-Cont.Serv.Nacuum Truck Servo 2,000 30-8200-453 WWColl.-Cont.Serv./Sewer Eval. Study 48,000 30-8200-730 WWColl.-Capitallmprovements 114,300 30-8220-731 WWTP-Capitallmprovements 30,000 30-8220-740 WWTP-Equipment 30,000 $ 269.109 APPROVED: .ERIFIED: 137 North Churton Street · EO. Box 429 · Hillsborough, North Carolina 27278 919-732-2104 · Fax 919-732-1028 Town 267 of ~ill~ ADDITIONAL ENCUMBRANCES FOR PURCHASE ORDERS ISSUES PRIOR TO 6/30/04 GENERAL FUND 10-4900-750 Planning-HOME Funds Grant Match $ 8,300 PO#16136 10-5000-150 Ruffin-Roulhac-Building Maint./Repairs 6,480 PO#16101 10-511 0-330 Police Patrol-Departmental Supplies 448 PO#16746 1 0-5120-080 Police Investigations-Training 1,584 PO#16744 10-5120-330 Police Investigations-Dept. Supplies 240 PO#16730 1 0-5120-330 Police Investigations-Dept. Supplies 280 PO#16734 10-5120-330 Police-Investigations-Dept. Supplies 500 PO#16770 1 0-5600-150 Street-Landscaping 1,310 PO#16747 1 0-5800-457 Sanitation-Cont.Serv .ICom. Dum pster 400 PO#16753 1 0-6600-320 Safety-Supplies 728 PO#16749 1 0-6600-330 Safety-Departmental Supplies 595 PO#16749 1 0-6600-332 Safety- Dept.Supplies/OSHA 6,290 PO#16759 10-6600-333 Safety-Dept.Supplies/Office Furniture 2,129 PO#16749 1 0-6900-922 Special Approp.-250th Anniversary 6.761 PO#16151 . $ 36.045 WATER FUND 30-8120-150 Water Plant-Plant/Equipment Repair $ 495 PO#16741 30-8120-150 Water Plant-Plant/Equipment Repair 1,600 PO#16760 30-8120-330 Water Plant-Departmental Supplies 248 PO#16739 30-8120-330 Water Plant-Departmental Supplies 495 PO#16742 30-8120-330 Water Plant-Departmental Supplies 248 PO#16765 30-8140-330 Water Dist.-Departmental Supplies 1,500 PO#16067 30-8140-330 Water Dist.-Departmental Supplies 113 PO#16104 30-8140-330 Water Dist.-Departmental Supplies 947 PO#16727 30-8140-570 Water Dist-Miscellaneous 500 PO#16677 30-8200-330 WWColl.-Dept. Supplies 1,500 PO#16067 30-8200-330 WWColI.-Dept. Supplies 113 PO#16104 30-8200-330 WWColl.-Dept. Supplies 4,800 PO#16689 30-8200-330 WWColI.-Dept. Supplies 947 PO#16727 30-8200-331 WWColI.-Safety Supplies 16,848 PO#16748 30-8200-570 WWColI.-Miscellaneous 500 PO# 16065 30-8200-570 WW Coli. -M iscellaneous 500 PO#16677 30-8220-150 WWTP-Plant/Equipment Repair 364 PO#16755 30-8220-1 50 WWTP-Plant/Equipment Repair 842 PO#16757 30-8220-320 WWTP-Chemicals 2,400 PO#16674 30-8220-330 WWTP-Departmental Supplies 3,687 PO#16739 . 30-8220-330 WWTP-Departmental Supplies 2,151 PO#16742 30-8220-340 WWTP-Outside Lab Service 660 PO#16158 30-8220-740 WWTP-Capital 16,000 PO#16124 $ 57.458 137 North Churton Street · Po. Box 429 . Hillsborough, North Carolina 27278 919-732-2104 · Fax 919-732-1028 268 . APPROVED: If -';!-Ll! t/tJ iU , . . VERIFIED: . . . MEMORANDUM 269 TO: Mayor Phelps and the Town of Hillsborough Board of Commissioners FROM: The Brough Law Firm; Robert E. Hornik, Jr. RE: Involuntary Annexation Procedures DATE: June 22, 2004 At the last Town Board meeting, you asked me to summarize. for the Town Board the procedures for involuntary annexation of property into the Town. This memorandum summarizes the process. I have included some, but not all, details of the process. Procedural Steps Local governments in North Carolina are authorized to engage in the involuntary annexation of territory by Article 4A of Chapter 160A of the North Carolina General Statutes. In particular, with respect to towns with a population of 5,000 or more, the involuntary annexation process is governed by Part 3 of Article 4A of Chapter 160A. The first official, mandatory step in the process is the adoption of a "Resolution of the Intent", by which the Town would declare its intention to annex an area described in the Resolution of Intent. (The Town may adopt a "Resolution of Consideration" first; though not required, the date on which an Annexation Ordinance can become effective depends in part, on which "first step" the Town uses). In addition to describing the proposed anriexation area, the Resolution of Intent must also set a date for a public informational meeting and for a public hearing on the proposed annexation. The public informational meeting must be held not less than 45 days nor more than 55 days following the passage of the Resolution of Intent. The public hearing must be held not less than 60 days nor more than 90 days following the passage of the Resolution ofIntent. Even before adopting the Resolution of Intent, the Town will need to prepare, or at least begin preparing, a report which must include the following information: 1. A map (or maps) of the Town and the adjacent territories showing the present and proposed (post-annexation) boundaries of the Town, and showing major water and sewer mains and outfalls, and the proposed extensions thereof. The water and sewer map must bear the seal of a registered professional engineer. 2. A statement showing that the area to be annexed meets one of the requirements of North Carolina General Statutes Section l60A-48 (which establishes the criteria, discussed later in this memorandum, an annexation area must meet in order to. . qualify for annexation). . . . 270 3. A statement of the Town's plans for extending major municipal services to the annexation area. Essentially, the Town is obligated to provide services in areas involuntarily annexed in the same manner and to the same extent as those services are provided within the existing Town limits. The overriding policy is that there must be non-discriminatory provision of municipal services throughout the entire Town. The services specifically identified in the General Statutes are police, fire, solid waste, and street maintenance services, but the report should address all services the Town provides. Furthermore, the plan or report must show how the Town plans to extend major water and sewer lines to service the area, if it is not already served by those utilities. 4. A statement of the impact of the annexation on the rural fire department providing service in the area. This should not pose a problem for the Town, since the Town does not have its own fire department but rather is served via agreement with the Orange Rural Fire Department. 5. A statement showing how the proposed annexation will effect the Town's finances and services. This is essentially the type of fiscal analysis the Town Manager usual performs with voluntary annexations. This Report must be made available to the public at least 30 days before the public informational meeting. The public informational meeting is designed and intended to allow the public an opportunity to ask questions "and receive answers" to those questions regarding the annexation. The public hearing is the "official" presentation of the Annexation Report to the public. The first order of business at the public hearing on an involuntary annexation is the presentation of the Annexation Report by a "representative of the municipality." After that presentation, members of the public must be given an opportunity to be heard. Unlike the public informational meeting, Town officials are not required to answer the public's questions at the hearing. After the public hearing is concluded, the Town Board may adopt an Annexation Ordinance annexing all or only part of the area described in the Resolution of Intent. Effective Date Of Annexation The Annexation Ordinance must provide that the annexation will become effective not less than 70, nor more than 400, days from the date of passage of the Annexation Ordinance. There is one procedural "wrinkle" which affects the determination of when to make the annexation effective. That is, the Town Board may adopt a "Resolution of Consideration" before it adopts a Resolution of Intent. A Resolution for Consideration is a less formal statement that the Town Board is "considering" whether to involuntarily annex territory. If the Town Board . adopts a Resolution of Consideration at least one year before it adopts a Resolution of Intent, 2 . . . 271 then the Annexation Ordinance can be made effective less than one year after its adoption. However, if the Town Board bypasses the Resolution of Consideration step, and starts the involuntary annexation process with a Resolution of Intent, then the Annexation Ordinance cannot be effective until at least one year following the adoption of the Annexation Ordinance. In the latter case - when the Resolution of Intent is the first procedural step taken - the Resolution of Intent must state that the effective date of the Annexation will be at least one year from the date of passage of the Annexation Ordinance. Qualifications Of Annexation Area In order for an area to qualify for involuntary annexation, it must meet some minimum criteria. Generally, those criteria require that an annexation area be contiguous to the Town's existing primary corporate limits for at least 1/Sth of its aggregate external boundary, and that no part of the annexation area be included within the boundary of another incorporated municipality. The second main criterion is that part or all of the area to be annexed must be "developed for urban purposes" at the time of approval of the Annexation Report. The statutes provide that an area is "developed for urban purposes" ifit meets anyone of the following: 1. Has a total resident population of at least 2.3 persons per acre; or 2. Has a total resident population of at least 1 person for each acre AND is subdivided into lots and tracts so that at least 60% of the total acreage consists of lots and tracts 3 acres or less in size AND such that 65% of the total number of lots and tracts are 1 acre or less in size; or 3. The area is so developed that at least 60% of the lots and tracts are used for residential, commercial, industrial, institutional or govenunental purposes, and is subdivided into lots and tracts so that at least 60% of the total acreage, not counting the acreage used for commercial, industrial, govenunental, or institutional purposes, is made up of lots and tracts 3 acres or less in size. The question of whether an area is "developed for urban purposes" is a common source of dispute. Therefore, it is most important that the Annexation Report address this issue thoroughly and accurately. Annexation Ordinances are often challenged on procedural grounds, too. There must be "substantial compliance" with the procedures required by the annexation statutes. The Courts will tolerate small "irregularities", but a series of "irregularities" or a single, large procedural defect could be enough for a Court to remand an annexation ordinance back to the Town for remedial action. There seems to be more and more involuntary annexation activity in this State, especially over the past 5 years as local govenunents seek new revenue sources. There is a growing body of case law on annexation challenges. If the Town faithfully follows the statutory procedures, and crafts its proposed annexation areas carefully, the Town will be able to withstand legal challenges. A key factor will be carefully laying out the boundaries of any proposed annexation area. 3