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Home My Public Portal About07-12-2004 Regular Session 275 Minutes July 12. 2004 Regular Board Meeting Page 1 of7 Minutes Approved: September 13. 2004 . Town of Hli!,~ . gh MINUTES lDLLSBOROUGH TOWN BOARD July 12, 2004 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on July 12, 2004 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Eric Hallman, Michael Gering, Brian Lowen, and Evelyn Lloyd. Absent from the Meeting was Commissioner Frances Dancy. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister, Assistant Town Manager/Public Works Director Demetric Potts, Planning Director Margaret Hauth, Finance Director Greg Siler, Fire Marshal/Code Enforcement Officer Todd Chavious, Town Engineer Kenny Keel, and Town Attorney Bob Hornik. 7:29:33 pMMayor Joe Phelps called the meeting to order. 1. PUBLIC CHARGE . Mayor Phelps did not read the Public Charge but indicated that it would be adhered to. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA There were no audience comments. 3. AGENDA CHANGES & AGENDA APPROVAL 7:30:00 PM Mayor Phelps added the monthly code enforcement update, status of enforcement cases, and an Ordinance amendment to make a correction in the adoption of the new Fire District Regulations to be heard after Item 10.1. 7:30:31 PM Mayor Phelps also suggested going into Closed Session to discuss potential litigation at the end of the meeting. By consensus, the Board agreed. 4. APPROVAL OF THE MINUTES OF THE JUNE 14,2004 REGULAR BOARD MEETING AND THE JUNE 28, 2004 MONTHLY WORK SESSION AND END OF YEAR BUDGET MEETING 7:31:16PM Commissioner Frances Dancy had submitted written comments to the Town Manager since she would be unable to attend the meeting. In her comments she noted a . correction to be made in the Minutes of the June 14, 2004 meeting. . . . 2"16 Minutes July 12, 2004 Regular Board Meeting Page 2 of7 Minutes Approved: September 13. 2004 Upon a motion by Commissioner Lloyd, seconded by Commissioner Lowen, the Board moved to approve the Minutes of the June 14, 2004 Regular Board Meeting with the aforementioned change along with the Minutes of the June 29, 2004 Monthly Work Session and End of Year Budget Meeting as presented by a vote of 4-0. The motion was declared passed. 5. REPORT FROM THE TOWN MANAGER 7:32:58 PM Town Manager Eric Peterson reported that the Mayor discovered a snake in Town Hall today. The snake was escorted outside and no one was injured, but it did cause some excitement. 6. REPORT FROM THE TOWN ENGINEER 7:33:31 PMTown Engineer Kenny Keel presented an update on all current water/sewer projects. 7:34:14 PM Engineer Keel reported that Reservoir is just a few inches below full. He informed the Board that this morning he discovered some minor vandalism to a fence at the Reservoir. The damage has already been repaired by Town staff and it has been reported to the Police Department and a Police Report is on file. 7:35:29 PM Keel stated that he had participated in a productive meeting this afternoon regarding the Water Plant upgrade which produced a proposed completion date of August 5th. 7:36:01 PM Keel informed the Board that the final generator which was purchased has been installed at the Mayor Street Pump Station and is now up and operational. 7:36:35 PM He stated that Smoke Testing will be conducted in the Elizabeth Brady Road Area in the near future. 7:36:59 PM Engineer Keel also reported that Cloramination is anticipated to begin on July 28th. He stated that a Press Release was issued late this afternoon to this regard and the information would be placed on the Town's Web Site. 7. PRESENTATIONS A. Presentation of Thanks Certificate to Austin Bateman 7:39:30 PM Mayor Joe Phelps read and presented a Certificate of Appreciation to Austin Bateman along with a Wal-Mart Gift Certificate from the Town and a token gift from the Utilities Department. Austin's family was in attendance for the presentation. A copy of the Certificate of Appreciation is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 2 . . . Minutes "277 July 12. 2004 Regular Board Meeting Page 3 of 7 Minutes Approved: September 13. 2004 8. APPOINTMENTS A. Consider re-appointing Suzanne Vergera to a second three-year term on the HDC with a term to expire July 31, 2007 7:41:10 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to re-appoint Suzanne Vergera to a second three-year term on the HDC with a term to expire July 31, 2007 by a vote of 4-0. The motion was declared passed. B. Consider appointment of a Town Representative to serve on the Orange County Solid Waste Advisory Board 7:41:53 PM Town Clerk Donna Armbrister reported that ads have been published in both the News of Orange and the Chapel Hill Herald and the information is on the Town's Web Site, but to date, no volunteer applications have been received. By consensus, the Board directed staff to continue advertising. C. Consider re-appointing Phil Ray, Cathleen Turner, and Holly Reid Shaw to full terms on the Hillsborough Tree Board with terms to expire July 2007 7:44:04 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to re-appoint Phil Ray, Cathleen Turner, and Holly Reid Shaw to full terms on the Hillsborough Tree Board with terms to expire July 2007 by a vote of 4-0. The motion was declared passed. 9. ITEMS FOR DECISION - CONSENT AGENDA A. Consider approval of Town Code amendment to Chapter 6, Section 6A-12 Speed Limits B. Consider Approval of a Memorandum of Understanding for Attorney Services in FY 2004-2005 7:44:46 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to approve Items 9.A and 9.B. of the Consent Agenda as presented by a vote of 4-0. The motion was declared passed. A copy of the Ordinance to amend Chapter 6, Section 6A-12 of the Town Code and a copy of the Memorandum of Understanding for Attorney Services in FY 2004-2005 is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 10. ITEMS FOR DECISION - REGULAR AGENDA A. Receive letter of interest in annexation for approximately 9.5 acres at the intersection of Oakdale Drive and Old 86 3 . . . .2~7.i .'.. Minutes July 12, 2004 Regular Board Meeting Page 4 of 7 Minutes Approved: September 13,2004 7:45:18 PM Planning Director Margaret Hauth presented this Item for the Board's consideration. She explained that the property is located on the corner across Oakdale Drive from the State Employees Credit Union and it runs back up Oakdale Drive almost to Magnolia Place. 7:46:02 PM Tony Whittaker, Engineer with Civil Consultants, Inc., stated that he is here to initiate the annexation process on this property. The annexation is being requested because the property owners plan to ask for a rezoning and special use permit later in the year. He distributed copies of a similar development to describe this concept as being a compilation of six separately owned parcels which are contiguous and form a nice rectangle at this critical visual entranceway into Town. This area has been receiving some development pressure over the past few years, but the time has not been right for the parcels to come together as a unified whole. There is an opportunity in time right now to take advantage of the fact that those parcels are all ready for development as far as the ability to compile the properties together. The proposed development is a mixed use site consisting of commercial property and office space. This area is adjacent to the Town limits. The proposed development has the buildings very close to the roadway creating an internally focused development focused on an internal parking area which is well landscaped with plenty of pedestrian connectivity both internal and connecting to external points. 7:54:39 PM Craig Hunter, representative of Granite Developers, gave a description of where the example property is located in Charlotte. 8:02:49 PM Mayor Joe Phelps noted that Granite Developers have requested to be on the October Public Hearing Agenda. Planning Director Margaret Hauth stated that she did not see a problem with making the October meeting, and that they would be submitting very detailed plans at that time. 8:08:01 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved to authorize staff to proceed with an annexation feasibility study for the Board's consideration at the September meeting by a vote of 4-0. A copy of the Letter of Interest in Annexation is hereby incorporated by reference and made a part of these official Minutes as an Attachment. B. Discussion of proposed temporary recycling center on outparcel E in Hampton Pointe 8:09:22 PM Planning Director Hauth presented Orange County's proposed plan for a temporary recycling center on outparcel E in the Hampton Pointe development for the Board's consideration. Town Manager Eric Peterson reported that he had received a message from the County today which indicated that the existing recycling center is only days away from being shut down. 4 . . . Minutes July 12, 2004 Regular Board Meeting Page 5 of7 Minutes Approved: September 13, 2004 ',279 8: 14: 12 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to authorize Orange County to set up the temporary recycling center on outparcel E in the Hampton Pointe development for a period of no longer than 18 months by a vote of 4-0. The motion was declared passed. C. Consider approval of proposal for assistance in acquiring utility easements for the Cates Creek Sewer Outfall project and provide direction to staff on how to proceed with this matter 8:16:38 PM Town Engineer Kenny Keel presented this Item for the Board's consideration and recommended approval. 8: 17: 19 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to approve the proposal as presented and authorized to the Town Manager to sign a contract by a vote of 4-0. The motion was declared passed. D. Consider approval ofthe Water/Sewer Extension Contract to serve the Corbinton Commons Project 8:18:04 PM Town Attorney Bob Hornik stated that no action needs to be taken at this time. Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to postpone decision on this item indefinitely by a vote of 4-0. The motion was declared passed. E. Consideration of a Tourism Grant Application from the Orange County Historical Museum in the amount of $18,000 to support museum programs and operations 8: 18:49 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the Tourism Grant Application from the Orange County Historical Museum in the amount of $18,000 to support museum programs and operations as presented by a vote of 4-0. The motion was declared passed. F. Consideration of a Tourism Grant Application from the Burwell School Historic Site in the amount of $20,500 to support programs, operations, and maintenance 8:20:47 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to approve the Tourism Grant Application from the Burwell School Historic Site in the amount of $20,500 to support programs, operations, and maintenance as presented by a vote of 4-0. The motion was declared passed. G. Consideration of a Tourism Grant for the Alliance for Historic Hillsborough in the amount of$II,OOO to support the 2004-2005 Media Plan (paid advertising) for Hillsborough 5 Minutes :;~ 8 0 July 12, 2004 Regular Board Meeting Page 6 of 7 Minutes Approved: September 13, 2004 . 8:21 :22 PM Upon a motion by Commissioner Lloyd, seconded by Commissioner Hallman, the Board moved to approve the Tourism Grant for the Alliance for Historic Hillsborough in the amount of$II,OOO to support the 2004-2005 Media Plan (paid advertising) for Hillsborough as presented by a vote of 4-0. The motion was declared passed. H. Update on Fairview Park and Town/County Motor Pool and Public Works site planning 8:23:41 PM Town Manager Eric Peterson reported that the County is planning on adhering to the timeframe they had indicated initially. He advised the Board that as he becomes aware of further information, he would keep the Board updated. 1. Discussion of Town Logo Copyright . 8:25:34 PM Town Clerk Donna Armbrister presented some background information explaining how this item had been brought up. Town Clerk Armbrister reported that she had researched the Town Board Minutes and had spoken with several people involved in the initial design contest in which the Town Logo was developed and has not been able to fmd any documentation indicating that the Logo has been copyrighted. She advised the Board that it costs $35 for the Copyright process, but if the Board wanted to have the Copyright Office in Washington, DC research to see if they have a record of the copyright, it would be very expenSIve. Town Attorney Bob Hornik: agreed and informed the Board that he saw no reason for such research. He suggested that if the Board decided they wanted to copyright the Logo, they follow the copyright procedure as a new copyright. He also verified that if the Board does decide to copyright the Logo, everyone using the Logo now would need to be notified and asked to stop using it until they had formally applied for a license or permit from the Town for its use. The Board would need to make a decision whether or not each request to use the Logo would need to be approved by the Town Board or whether they wanted to authorize a staff person to give such approval. The Board discussed the pros and cons. 8:35:03 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to authorize staff to proceed with obtaining a copyright for the Town Logo by a vote of 4-0. The motion was declared passed. J. Discuss possible "Hot Topics" for July 26th Workshop 8:35:49 PM The two Items identified for the July 26th Workshop are 1) An Upper Neuse River Basin Association Report, and 2) One Closed Session Enforcement Issue . 8:38:13 PM ADDED ITEM ON CODE ENFORCEMENT 8:38:30 PM Fire Marshal/Code Enforcement Officer Todd Chavious presented an Ordinance 6 . . . Minutes July 12. 2004 Regular Board Meeting Page 7 of7 Minutes Approved: September 13. 2004 ~ I ~ ':281 correcting the amendment made in June to Chapter 12 regarding the Fire District Regulations to being a "reference insertion" rather than the insertion of the actual document of "Appendix D" of the Fire Code. Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to approve the Ordinance amending Chapter 12 of the Town Code as presented by a vote of 4-0. The motion was declared passed. A copy of the Ordinance is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 8:39: 17 PM Fire Marshal/Code Enforcement Officer Chavious gave status report on outstanding code violations. 8:45:38 PM Mayor Joe Phelps added one of the Enforcement items to the Closed Session. 8:47:11 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, 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 regarding potential litigation by a vote of 4-0. The motion was declared passed. 11. ADJOURN 9:35:06 PM Upon returning to Open Session, and upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to adjourn at 9:35 PM by a vote of 4-0. The motion was declared passed. ~~ Donna F. Armbrister, CMC Town Cleric 7 . . 'I'D J\'US'IiN'L 'BJ\'I'~ On behalf of the Town of Hillsborough, I would like to personally express my deep and sincere appreciation for your quick thinking on June 8,2004. During one of your almost daily visits to the creek behind Central Elementary looking for crawfish to fish with, you noticed a sewer spill and notified your father. The fact that you, as a Town citizen, were willing to take an active role in this situation, allowed the Town to determine that the spill did not last as long as originally thought. You also prevented a large incident from turning into a potentially life threatening environmental hazard. I, Joe Phelps, Mayor of the Town of Hills borough, by means of this Certificate express and extend to you the deep appreciation from the Hillsborough Board of Commissioners. . A ITEST: DATE: July 12. 2004 ...4 ~... 28 .3 . STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHW A YS L YNDO TIPPETT GOVERNOR SECRETARY May 26, 2004 Ms. Donna Armbrister P. O. Box 357 Hillsborough, NC 27278 Dear Ms. Armbrister: This is in reference declaring and rescinding speed zones on the following locations: · NC 86 (Churton Street) · US 70 Business - NC 86 This also references declaring a speed zone on: . · SR 1133 (Oakdake Road) Attached is the original and copy of the document, "Certificate of Municipal Ordinance Declaring Speed Limit Modification and Request for Concurring Ordinance by Department of Transportation." After your council has passed the necessary ordinance, send me the notarized document. The copy of the document is for your records. After the concurring ordinance is passed by the Board of Transportation, the Traffic Engineering Branch will forward a copy of the ordinance to the Town for its use. Sincerely, ~~c Mark W. Aldridge Transportation Engineer MWW /pc Atta Cc: J. M. Mills, P. E., Division Engineer P. P. Eason, P. E., Operations Engineer V. E. Barham, Division Traffic Engineer . P. O. Box 14996, Greensboro, NC 27415-4996 Telephone No. (336) 334-3192 Fax No. (336) 334-3637 (i) . . . 2.R~rt AN ORDINANCE AMENDING CHAPTER 6, MOTOR VEIDCLES AND TRAFFIC APPENDIX A, SECTION 6A-12 OF THE mLLSBOROUGH TOWN CODE The Board of Commissioners of the Town of Hillsborough ordains: SECTION 1. All section references below refer to the Town of Hillsborough Code, Chapter 6, Appendix A, Section 6A-12 Speed Limits. SECTION 2. Section 6A-12 Soeed Limits In accordance with Subsection 6-20(b), the following speed limit is recinded for the street(s) indicated below: SPEED LIMIT (MPH) 20 ON STREET FROM TO US 70 Business - NC 86 (Churton A point 0.18 mile north of Street) US 70 Business - NC 86- SR 1009 (Churton Street) Northward A point 0.18 mile north of SR 1002 (King Street) And, In accordance with Subsection 6-20(b), the following speed limit is established for the street(s) indicated below: SPEED LIMIT (MPH) 20 ON STREET FROM TO NC86 (Churton Street) A point O. I 8 mile north of US 70 Business - NC86 - SR 1009 (Churton Street) North A point 0.18 mile north of SR 1002 (King Street) 30 NC86 (Churton Street) A point O. I 8 mile north of SR 1002 (King Street) North US 70 Bypass, in HilIsborough 45 SR I 133 (Oakdale Road) The HilIsborough corporate limits at a point 0.45 mile east ofSR 1006 (Orange Grove Road), east SR 1009 (Old 86) Section 2. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this aM day of lklyl :{/)tJ,rJ. Ayes: L Noes: ff Absent or Excused L- . '28::' . NORTH CAROLINA ORANGE COUNTY MEMORANDUM OF UNDERSTANDING 1. Parties. The parties to this memorandum of understanding ("memo") are the Town of Hills borough (the "Town") and The Brough Law Firn1 ("Law Firn1"). 2. Purpose. The purpose of this memo is to set forth the understanding between the parties concerning the nature of the relationship under which the Law Firn1 shall serve as the Town Attorney. 3. Scope of Service. In consideration o{the compensation set forth below, Law Firm shall continue to perforn1 for the Town all of the legal services required by the Town as set forth herein. Such services shall include, without limitation, consultation with the Board of Commissioners and town staff, attendance upon request at the Board of Commissioner's meetings, and the meetings of other boards, drafting and/or review of ordinances and other documents, and representation of the Town in litigation. Not included within the scope of covered services are services customarily performed by outside bond counsel. . 4. Services Performed by Law Firn1. The parties acknowledge and agree that the full r'esources of the Law Firm shall be available to the Town. However, the Law Firn1 may subcontract with other firms or individuals to have certain services performed for the Town, such as title searches, but the Law Firm shall remain responsible to the Town for the quality and timeliness of these services. Payment for these subcontracted services shall be made by the Law Firm and shall be charged to the Town on the Law Firm's monthly invoice. 5. Compensation. The Town shall pay to Law Finn for legal services rendered during fiscal year 2004-2005 on a monthly basis according to the services performed during each month. Monthly invoices shall indicate the number of hours worked and the fees shall be calculated according to the following rates. Michael B. Brough $145 William C. Morgan, Jf. $140 G. Nicholas Herman $140 Robert E. Hornik, Jf. $140 T.e. Morphis, Jr. $110 Ordinary office expenses shall continue to be charged in accordance with the attached statement. . . . . .Z"8~ 6. Duration, Ternlination. This memorandum shall govern the relationship between the parties for the period July 1, 2004 through June 30, 2005. The relationship established under this memorandum may be ternlinated upon ten (10) days written notice by either party. Payment shall be made for services rendered through the date of termination. This memorandum of understanding is executed by the parties this / L 14 day of VI/Lt; ,2004. TOWN OF HILLSBOROUGH BY&~ Eric Peterson, Manager --- THE BROUGH LAW FIRM BY RObt~~d3 ATTEST: Provision for payment has been made by an appropriation duly made or bonds or notes duly authorized, pursuant to the Local Government Budget and Fiscal Control Act. Finance Officer . . . .rtg'7 COMPENSATION FOR SERVICES Statements for services rendered by The Brough Law Finn will be prepared at the end of each calendar month for the work perfornled during the previous month. Your monthly statement will consist of two pmis: an itemized breakdown of professional services and a list of expenses and costs advanced. The professional services portion of your statement will be based upon the following hourly rates for the attorneys who work on your case: Michael B. Brough William C. Morgan, Jf. Nicholas Hernlan Robert E. Hornik, Jr. T.C. Morphis, Jf. $145.00 $140.00 $140.00 $140.00 $110.00 Your statement will indicate the services perf0l111ed and the date, the attorney perfornling the services, the hourly rate, and the total. It will also include an itemized list of additional expenses and costs advanced. These include: . Photocopy charges for non-routine copying done for the client outside the office. . Private express mail carriers such as Federal Express. . Paralegal services at a rate of $50.00 per hour. . Law clerk services at a rate of $35.00 per hour. . Mileage and travel expenses outside Orange, Durham, Wake & Chatham counties. . Filing, service of process, and other fees associated with litigation. . Fees for recording deeds and other instruments. Statements will be mailed by the 10th of each month and are overdue if payment is not received by the end of that month. Interest at the rate of 1 Y2% per month shall accumulate on balances not paid within thirty days after the date such balances become overdue. Any retainer received from you will be deposited in our trust account and used to pay your monthly statements. To the extent our statements exceed the retainer amount, payment will be expected as indicated above. If payment in full is not received by the 15th of the month following the month in which a statement is issued, no additional services will be perfornled in your behalf and thereafter services will be perfornled only if and to the extent that additional funds are deposited in our trust account to ensure payment of our statements as they become due. 288 CML CONSULTANTS INC. Civil Engineers Land Development Consultants . . . # 10047 July 2, 2004 Mr. Eric Peterson Town Manager Town of HiUsborough PO Box 429 Hillsborough, NC 27278 Re: Oakdale & Churton Properties HiUsborough, NC Dear Mr. Peterson: On behalf of my client, Granite Development, LLC, I hereby request that the Town of Hillsborough annex the following properties, which are graphically shown on the attachment hereto: TMBL # 4.44.A.15 TMBL # 4.44.A.16 TMBL # 4.44.A.17 TMBL # 4.44.A.18 TMBL # 4.44.A.19 TMBL # 4.44.A.20 Granite Development is the contract purchaser of these properties. I request that the annexation be contingent upon receipt of satisfactory approvals for a mixed-use commercial development on the site, and the subsequent purchase of the property for such development. We intend to follow this annexation request with a rezoning and Special Use Permit application later this summer. The zoning that we intend to pursue is Entranceway Special Use District. Please place this request on the July 12 Town Board meeting agenda, for the Board's consideration at that time. We will be present at the meeting to answer general questions as needed, and to receive initial comment from the Board. Thank you for your assistance in this matter. Please let me know if you need additional information in support of thrs request. ~~~-L- Tony M. Whitaker, P.E. Attachments Cc: Margaret Hauth (w/a) Craig Hunter (w/a) 3708 Lyckan Parkway . Suite 201 . Durham, N.C. 27707 919-490-1645 Ptlone . 919-403-0336 Fax . \WMIcivil-consultants.com -~ . ,--~~' .... .,,\'>.~-~.....'.I\"""'.H- . .1 e'=:--.!lI.~S.OUTHBOUND &~R"'I" '-"'--.'- "- )"- . . httol/l..!;is.co.orange .nc.lls/websi te/Y OllCollntGI S/MapFrame. htm 289" 2/1212004 . . . 29D AN ORDINANCE AMENDING CHAPTER 13 OF THE TOWN CODE OF THE TOWN OF mLLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF IDLLSBOROUGH ORDAINS: Section 1. Chapter 12, The Fire Prevention Code of the HiIlsborough Town Code is hereby amended to replace subpart "B" the existing Section 12-21 concerning Fire Limits and is hereby replaced with the reference to "Appendix 0" of the 2000 International Building Code with North Carolina Amendments. This will include the adoption of all future amendments to this section. Section 2. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this I~M day of iT ulfI . Ayes: d Noes: ~ Absent or Excused -+- D~&M