HomeMy Public PortalAbout11-14-2005 Regular Meeting
Minutes
November 14, 2005 Regular Board Meeting
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Minutes Approved: December 12, 2005
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MINUTES
HILLSBOROUGH TOWN BOARD
November 14, 2005
7:30 PM, Town Barn
The Town of Hillsborough held its regular meeting on November 14, 2005 at 7:30 p.m. in the
Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and
Commissioners Frances Dancy, Brian Lowen, Eric Hallman, Michael Gering, and Evelyn Lloyd.
Staff present were Town Manager Eric Peterson, Assistant Town Manager/Public Works
Director Demetric Potts, Planning Director Margaret Hauth, Finance Director Greg Siler, Town
Clerk/Personnel Officer Donna Armbrister, Town Attorney Bob Hornik, Police Captain Judy
Jacobs, and Police Chief Clarence Birkhead.
Mayor Joe Phelps called the meeting to Order at approximately 7:30 PM.
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1. PUBLIC CHARGE
Mayor Phelps did not read the Public Charge, but stated that it would be adhered to.
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2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
There were no audience comments.
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3. AGENDA CHANGES & AGENDA APPROVAL
Mayor Phelps added a discussion of water restrictions as the first Item under #12. He
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also added to Closed Session a Nuisance Violation and an additional Personnel Matter.
By consensus, the Board approved the Agenda as presented with the aforementioned additions.
4. PRESENTATIONS
A. Receive update from Habitat for Humanity on potential land acquisition and consider
requests for assistance/commitment
Susan Levy, Executive Director, Habitat for Humanity of Orange County addressed
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the Board and reported that they are working with the owner of 18 lots in the Fairview area.
Habitat has made an offer which has verbally been accepted and they are awaiting the signed
contract. They are requesting the Town provide them with written support of this project stating
that 1) the Town would act favorably and in a timely manner on a request from Habitat for
voluntary annexation of the properties; 2) the Town will commit the financial and personnel
resources required to extend sewer service to the 18 lots, and that the extension of the sewer will
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be completed no later than December 2006; and 3) that the Town will support Habitat’s
application to the Orange County Affordable Housing Bond program for land banking funds to
assist with the purchase of the lots. Habitat is willing to contribute 25% of the purchase price,
and will request the remaining 75% from the Bond program.
Town Attorney Bob Hornik cautioned the Board that the Town cannot commit to
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legislative issues before the hearings are held.
Town Manager Eric Peterson reported that Town Engineer Kenny Keel is still waiting
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on information from Thalle so that he can do his analysis.
By consensus, Board directed the staff to schedule a neighborhood meeting for
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Thursday, December 1 in the Orange County Food Lab at 7:00 PM. The Board suggested staff
do a mailing to the neighborhood members to notify them of the meeting.
B. Review report from staff regarding potential options for a development moratorium to
allow for the completion of the Strategic Growth Plan
Planning Director Margaret Hauth explained that at the October Workshop, the Board
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directed staff to investigate the possibility of a moratorium while we work on the Strategic
Growth Plan. Recent amendments to State Law provide additional guidance and requirements
for calling a moratoria. She reported that any moratorium proposed to last for more than 60 days
must be processed the same as a rezoning or ordinance amendment. The moratorium language
also must address 4 specific items:
1. A clear statement of the problems or conditions necessitating the moratorium and what
courses of action, alternative to a moratorium, were considered by the city and why
those alternative courses of action were not deemed adequate.
2. A clear statement of the development approvals subject to the moratorium and how a
moratorium on those approvals will address the problems or conditions leading to
imposition of the moratorium.
3. An express date for termination of the moratorium and a statement setting forth why that
duration is reasonable necessary to address the problems or conditions leading to
imposition of the moratorium.
4. A clear statement of the actions, and the schedule for those actions, proposed to be taken
by the city during the duration of the moratorium to address the problems or conditions
leading to imposition of the moratorium.
Hauth reported that another option discussed at the workshop was the possibility of having
consultants provide comments on development proposals to bring additional expertise and free
existing staff time.
Commissioner Gering questioned whether or not there were other means to
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accomplish this goal other than a moratoria.
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Town Attorney Bob Hornik informed the Board that the new statute provides, that
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with respect to moratoria, if you have received or accepted an application for a Conditional Use
Permit, or Special Use Permit, or Site Plan Approval, or Preliminary Subdivision Plat they
cannot be subject to the moratoria. The statute doesn’t say anything about rezonings.
Annexations are clearly not within the prevue of the moratoria statute.
Commissioner Dancy asked if it is possible to lengthen the application process to give
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staff the additional time to get the Strategic Growth Plan completed.
Attorney Hornik reported that there is nothing in the Zoning Ordinance that says the Town must
conduct the Public Hearing within 30 days or it is automatically granted. There is always an
obligation to act in “Good Faith”.
Town Manager Eric Peterson said that with regard to the Strategic Growth Plan or a
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comprehensive growth plan the Land Use Map is usually one of the key communication tools. It
is the Town, through the Town Board and Planning Board, saying this is the Town’s vision of
what is desired in the different areas. That is an important component. As far as a temporary
bridge between today and whenever the Strategic Growth Plan is completed, we have a lot of the
Land Use Map completed as part of the Water Capacity Study. The Board could review that
information and determine if there is anything they wish to pull off of the map or areas to hold in
reserve. We are more than fully allocated for Phase I and II of the Reservoir.
Commissioner Lowen stated that there have been several discussions leading up to
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the idea of a moratoria that made it clear that the Planning Department is overloaded. If we
don’t do something, that situation does not change.
Town Manager reported that staff is looking at re-organizing the planning
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department.
Commissioner Hallman requested that the Planning Department be a Hot Topic for
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the Workshop.
Commissioner Lowen asked Planning Director Hauth to draft a policy for Board
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consideration at the Workshop to limit Public Hearing items per agenda.
Edna Ellis addressed the Board asking the Board to consider the moratorium as soon
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as possible due to water availability, traffic concerns, and time for the development of the
Strategic Growth Plan.
5. APPOINTMENTS
A. Consideration of appointment of a Town Board representative to serve on the Strategic
Plan Selection Committee
Planning Director Margaret Hauth asked the Board for a representative willing to
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serve on the Strategic Plan Selection Committee. Commissioner Gering volunteered and
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Commissioner Hallman volunteered to be an alternate if needed.
6. APPROVAL OF THE MINUTES OF THE OCTOBER 6, 2005 PUBLIC HEARING;
THE OCTOBER 10, 2005 REGULAR MEETING; THE OCTOBER 10, 2005
CLOSED SESSION; AND THE OCTOBER 25, 2005 PUBLIC HEARING
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Commissioner Dancy noted that on the October 252005 Minutes on page 1, the
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word “Joint” is misspelled.
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Commissioner Gering also noted that in the October 25, 2005 on page 7 in the last
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paragraph the name is Angela Lennon; and on page 8 in the 3 motion, there is nothing after
the colon.
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the
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Board moved to approve the Minutes of the October 6, 2005 Public Hearing and the October
10, 2005 Regular Meeting and Closed Session as presented by a vote of 5-0. The motion was
declared passed.
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The October 25, 2005 Minutes will need to be amended and brought back to the
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Board for consideration at their December Regular Meeting.
7. COMMITTEE REPORTS
Commissioner Hallman reported that the Parks and Recreation Board has requested
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time on the November Workshop.
Commissioner Hallman also reported on the Orange County meeting with DOT. He
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stated that it was the most productive DOT meeting he has attended. He asked them about the
inconsistent speed limits coming from Lawrence Road in on Hwy 70A and they said they would
look at that and attempt to adjust the speed limit signs for consistency. He also asked if the stop
light synchronization could go out on North Churton Street. He was informed that it could, and
they asked to be notified if that happens. He also brought to their attention the Rencher
Street/Hwy 57/Hwy 86 intersection and they agreed to review an aerial of the area. Crosswalks
were also discussed for the Turnip Patch Park and in front of the Police Department. They
stated that a Resolution was needed from the Town for the crosswalks.
Commissioner Lowen reported the Fairview Park Committee met and discussed
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shelters and picnic tables.
8. REPORT FROM THE TOWN MANAGER
There was no report.
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9. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel presented a status report on all current water and sewer
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projects. He reported that the reservoir is 2 ½ feet below full. There are no water usage
restrictions for Town customers at this point.
10. REPORT FORM THE PLANNING DIRECTOR
Planning Director Margaret Hauth presented a status report on current Planning
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Department projects.
11. ITEMS FOR DECISION – CONSENT AGENDA
A. Consider acceptance and start of warranty for Home Depot Water & Sewer Utilities
B. Consider acceptance and start of warranty for Kenion Grove Subdivision Water &
Sewer Utilities
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved
to approve the Consent Agenda as presented by a vote of 5-0. The motion was declared passed.
12. ITEMS FOR DECISION – REGULAR AGENDA
ADDED ITEM:
MayorPhelps reported on a meeting with Orange County, Orange Alamance,
and the Eno River Association that was held this morning with the Town Staff , Commissioner
Lloyd, and himself. Lake Orange level is at 36% capacity. He reported that the Eno River
Association had some concerns with releases into the Eno. Phelps proposed asking
Hillsborough water users to go into voluntary water restrictions until there is significant rainfall
in case we need to help out some of our surrounding municipal neighbors. He asked the Board
for their support of this effort.
By consensus, the Board directed staff to prepare some type of press release requesting the
voluntary restriction.
Robin Jacobs, President of the Eno River Association, addressed the Board and
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thanked the Town for releasing the amount of water they have for the Eno River.
A. Consideration of an Ordinance to correct a Zoning Map error and designate
approximately 2 acres Agricultural Residential instead of General Industrial on the south
side of Dimmocks Mill Road (TMBL 4.38.B.10d)
Planning Director Margaret Hauth presented the Ordinance for the Board’s
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consideration. She reported that the property owner inquired about adjusting her property lines
(she owns 2 adjacent parcels). In researching her options, staff discovered the zoning difference
and recommended a rezoning. The two acre tract was created from a tract with Industrial
zoning and sold for residential use in the early 1980’s. This was not captured during the Zoning
Map creation that followed the Ordinance update in 1986.
9:04:36 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the
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Board moved to approve the correction of the Zoning Map error as presented by a vote of 5-0.
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.
B. Consideration of an Ordinance to amend Section 5.24 of the Zoning Ordinance to
require sidewalks for all new development
Planning Director Hauth reported that this amendment removes the reference to
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individual Zoning Districts and makes sidewalks requirements apply to all districts.
9:05:46 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the
Board moved to approve the Ordinance as presented 5-0. 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.
C. Consideration of an Ordinance to rezone approximately .48 ac on South Churton Street
from Multi-family to Entranceway Special Use (part of TMBL 4.42.b.3a)
Planning Director Hauth explained that the owner of Birch Lake Apartments and the
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owner/developer of Oakdale Village have agreed to the sale of .6 acres from Birch Lake to
Oakdale Village. Some of the parcel is existing and proposed right of way, so the proposed
zoning only impacts .48 acres. The rezoning is required to allow the additional property to be
merged with Oakdale Village. The change in lot size for Birch Lake does not impact their
conforming status under the Ordinance. She reported that the Planning Board unanimously
recommended approval of the rezoning. Their discussion was directly related to the SUP
amendment.
9:07:12 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the
Board moved to approve the Ordinance as presented by a vote of 5-0. 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.
D. Consideration of a Resolution modifying the Special Use Permit for Oakdale Village to
allow the development of 48 additional parking space for approved uses in Oakdale
Village (part of TMBL 4.42.b.3a)
Planning Director Hauth stated that the SUP amendment would allow 48 additional
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parking spaces to be developed on .48 acres adjacent to the north side of the Oakdale Village
site. She reported that the Planning Board unanimously recommended approval of the
amendment.
Tony Whitaker addressed the Board and discussed why an additional stormwater
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infiltration devise won't work on this property. He reported that they have increased the storage
in the Stormwater management ponds to account for the extra runoff that would be generated
from this project. There is not a natural infiltration opportunity due to the clay in that area.
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9:12:38 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the
Board moved to adopt a Resolution Amending a Special Use Permit Subject to Special
Conditions Affecting Oakdale Village by a vote of 5-0. The motion was declared passed. A
copy of the Resolution is hereby incorporated by reference and made a part of these official
Minutes as an Attachment.
E. Consideration of an Ordinance annexing 4.1 acres on US 70A to be part of the Owls
Wood development
Planning Director Hauth reported that Owls Wood Development acquired the
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adjacent tract and included it with the Rezoning & Master Plan proposal for Owl’s Wood. The
parcel is not currently in Hillsborough’s Jurisdiction, but is adjacent to the city limits on more
than two sides. She stated that the Planning Board unanimously recommended denial of the
Owl’s Wood plan until the Strategic Growth Plan is completed and additional water resources
are available to serve the project.
Jim Parker with Summit Consulting reported that all utilities are on the site. It
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touches town property to the east and the south.
Commissioner Gering agreed with the Planning Board’s recommendations but
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would like the developers to bring back another plan which would be more acceptable.
Mark O’Neal stated that the owners would like the Board to proceed with a vote
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tonight on the annexation.
Mayor Phelps called for a brief recess.
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Mayor Phelps reconvened meeting.
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Town Attorney Bob Hornik reported that if the property is annexed, the property
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retains the County zoning for the next 60 days. The annexation could be approved with an
effective date sometime during the next six months and the Board could establish the zoning
before that effective date.
Commissioner Lowen made a motion to approve the Annexation Ordinance with an
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effective date of December 31, 2005.
The motion died due to a lack of a second.
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Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the
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Board moved to deny the Annexation request by a vote of 4-0: with Commissioners Gering,
Lloyd, Dancy, and Hallman voting aye; and Commissioner Lowen voting nay. The motion was
declared passed.
F. Consideration of an Ordinance rezoning in Owls Wood development 27.2 acres at the
southeast corner of NC86 and US 70A from Limited Office and County R-1 to
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Entranceway Special Use (TMBL 4.40.A.9d, 10)
Planning Director Hauth reported that the Planning Board unanimously
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recommended denial of the Owl’s Wood plan until the Strategic Growth Plan is completed and
additional water resources are available to serve the project. The Planning Board discussed
several topics related to this proposal such as: consistency with the Vision 2010 Plan which
shows the area as non-residential mixed use; traffic impact and unknowns related to Elizabeth
Brady Road; water availability; and the written comments submitted by Scott Radway. The
members noted many of the concerns were larger picture concerns which would be addressed
by the Strategic Growth Plan.
Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the
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Board moved to deny the rezoning request by a vote of 5-0. The motion was declared passed.
G. Consideration of a Resolution approving a Master Plan to authorize Owl’s Wood, a
mixed use development containing approximately 106 dwelling units and approximately
151,000 sf of hotel, restaurant, office, and retail uses on approximately 27.2 acres at the
southeast corner of NC 86 and US 70A (TMBL 4.40.A.9d, 10)
Planning Director Hauth noted that the application is for a mixed use project
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containing residential, commercial and office uses on 27.2 acres. The site provides for both
alternatives of Elizabeth Brady Road currently under review by NCDOT. Individual sites
would be subject to Special Use Permit review. The Master Plan establishes uses, intensities,
and lot arrangements. She reported that the Planning Board unanimously recommended denial
of the Owl’s Wood plan until the Strategic Growth Plan is completed and additional water
resources are available to serve the project.
Commissioner Gering made a motion to deny the Master Plan using condition 1
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noted in the Resolution. Commissioner Hallman seconded the motion.
9:48:29 PM After some discussion, Commissioner Hallman, seconded by Commissioner Dancy,
moved to amend the motion to use condition 1 noted in the Resolution and additionally state
that the Board further finds endangerment of the public health and safety due to the lack of
water to serve the property as proposed by a vote of 5-0. The motion was declared passed. A
copy of the Resolution Denying the Owl’s Wood Master Plan Affecting A +/- 27.2 Acre Parcels
of Land Identified as Tax Map No. 4.40.A.9d & 10 is hereby incorporated by reference and
made a part of these official Minutes as an Attachment.
H. Consideration of Operational Policy for the Water Assistance Program
Town Manager Eric Peterson reported that the Town of Hillsborough, like many
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small municipalities across the nation, incurs large costs to provide water and sewer service.
The costs associated with these services often lead to higher water and sewer rates for
customers. When water and sewer rates rise, they have a disproportionate impact on low-
income customers who pay a greater percentage of their budget on water and sewer services.
Water Assistance Programs Provide a way for low-income customers to afford the rising costs
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of water/sewer services. They also provide municipalities with a way to reduce the number of
late payments, disconnected services, and uncollected accounts.
9:55:01 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the
Board moved to approve the Memorandum of Understanding for Water Assistance Program as
presented by a vote of 5-0. The motion was declared passed. A copy of the Memorandum of
Understanding is hereby incorporated by reference and made a part of these official Minutes as
an Attachment.
Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the
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Board moved to allocate $5,000 to the Water Assistant Program and directed staff to prepare
budget amendment to that fact by a vote of 5-0. The motion was declared passed.
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I. Discuss and provide direction regarding recommendations from the October 17 Joint
Meeting with the Orange Rural Fire Department Board of Directors
Town Manager Eric Peterson reported that the Orange Rural Fire Department Board
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and the Town Board met on October 17 for a joint planning meeting to discuss various areas
of mutual interest. As part of the meeting the ORFD President Todd Riley and the Town
Manager presented five joint recommendations for each organization to consider approving
and/or supporting. If approved, these recommendations will be forwarded to the ORFD Board
for their consideration.
9:59:55 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the
Board moved to approve the recommendations as presented by a vote of 5-0. The motion was
declared passed. A copy of the recommendations is hereby incorporated by reference and made
a part of these official Minutes as an Attachment.
J. Consider approval of request to fund Christmas radio advertising program to promote
Hillsborough businesses
Town Manager Eric Peterson informed the Board that WCHL Radio is proposing an
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advertising campaign to promote Hillsborough businesses (i.e., like a shop Hillsborough
commercial) over the holiday season. The Chamber and Alliance are each willing to contribute
$500 if the Town contributes $2,000. The Town of Carrboro is funding a similar ad campaign
to promote their businesses with WCHL as well.
After some discussion, and upon a motion by Commissioner Gering, seconded by
Commissioner Hallman, the Board moved to authorize funding the Holiday radio advertising
program by a vote of 3-2 with Commissioners Gering, Hallman, and Dancy voting Aye; and
Commissioners Lloyd and Lowen voting Nay. The motion was declared passed.
K. Hot Topics for November Workshop
By consensus, the Board agreed that the Hot Topics for the November Workshop
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would be: Further discussion regarding the Planning Department; being addressed by the
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Parks and Recreation Board; Waste Industries; Homemont Avenue no parking; Habitat; and
Junked Cars.
12. CLOSED SESSION
A. Closed Session as authorized by North Carolina General Statute Section 143- 318.11(6)
to Discuss (2) Personnel Issues
B. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3)
to meet with Town Attorney regarding current Litigation
ADDED ITEM C. Closed Session as authorized by North Carolina General Statute Section
143-318.11 (3) to meet with Town Attorney regarding current Litigation regarding
(McCoy) Nuisance Abatement
Upon returning to Open Session, and upon a motion by Commissioner Hallman, seconded by
Commissioner Lloyd, the Board authorized the Town Attorney to proceed with the McCoy
nuisance suit as discussed in Closed Session by a vote of 5-0. The motion was declared passed.
13. ADJOURN
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved
to adjourned at10:55 PM by a vote of 5-0. The motion was declared passed.
Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
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