HomeMy Public PortalAbout04-10-2006 Regular Meeting
April 10, 2006 Regular Board Meeting
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Minutes Approved: May 8. 2006
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MINUTES
HILLSBOROUGH TOWN BOARD
April 10, 2006
7:30 PM, Town Barn
The Town of Hillsborough held its regular meeting on April 10, 2006 at 7:30 p.m. in the
Hillsborough Town Barn. Present for the Board Meeting were Mayor Tom Stevens, 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, Town . ClerklPersonnel Officer
Donna Armbrister, Town Engineer/Utilities Director Kenny Keel, Town Attorney Bob Hornik,
and Police Chief Clarence Birkhead.
7:32:01 PM Mayor Tom Stevens called the meeting to order at approximately 7:30 PM.
1. PUBLIC CHARGE
7:32:08 PM Mayor Stevens did not read the Public Charge, but indicated that it would be
followed.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
7:32: 16 PM There were no Audience Comments.
3. AGENDA CHANGES & AGENDA APPROVAL
7:32:36 PM CommissionerHallman suggested moving item 12D to the Consent Agenda. The
Board agreed by consensus.
7:33:29 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the
Board moved to approve the agenda with the aforementioned amendment by a vote of 5-0. The
motion was declared passes.
4. APPOINTMENTS
A. Appointment of Representative to serve on the newly created Orange County Child
Care Task Force
7:33:53 PM Mayor Stevens reported that the Town had been asked to appoint a representative to
the newly created Orange County Child Care task Force. He said he had been involved in child
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Minutes Approved: May 8, 2006
care issues since college and had attended the recent legislative breakfast held on this issue.
7:34:46 PM Commissioer Lowen volunteered to serve. Mayor Stevens volunteered to be an
Alternate if needed. The Board agreed by consensus.
B. Appointment of Amanda Strong to Fill a Restaurant Seat Vacancy on the Tourism
Board
7:35: 10 PM Commissioner Gering stated the Tourism Board had recently met with Ms. Strong,
and the consensus was that she would be a good candidate.
7:35:35 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the
Board moved to approve the appointment of Amanda Strong to the vacant Restaurant Seat on
the Tourism Board by a vote of 5-0. The motion was declared passed.
5. PROCLAMATION
A. Sexual Assault Awareness Month Proclamation
7:36:50 PM Mayor Stevens read and presented a Proclamation declaring April 2006 as Sexual
Assault Awareness Month. Cutler Andrews accepted the Proclamation, and distributed teal
ribbons to the Commissioners in recognition of Sexual Assault Awareness Month. A copy of
the Proclamation is hereby incorporated by reference and made a part of these official Minutes
as an Attachment.
B. Orange Congregations In Missions Samaritan Relief Program 25 Years of Service
Proclamation
7:39:52 PM Mayor Stevens stated the Proclamation honoring the Orange Congregations in
Missions Samaritan Relief Program 25 Years of Service had been forwarded to that group. A
copy of the Proclamation is hereby incorporated by reference and made a part of these official
Minutes as an Attachment.
6. APPROVAL OF THE MINUTES OF THE MARCH 2, 2006 EMERGENCY
MEETING; THE MARCH 2, 2006 EMERGENCY MEETING CLOSED SESSION; THE
MARCH 13, 2006 REGULAR BOARD MEETING; AND THE MARCH 13, 2006
CLOSED SESSION
7:40:32 PM Commissioner Dancy stated that on Page 11 of the March 13th minutes at 8:35:01,
she would like the sentence to reflect that she had said "make sure to check with neighbors to
see if they have concerns" rather than to say concerns had been expressed.
7:41 :31 PM Commissioner Gering said on Page 15 of the March 13th minutes at 8:56:38, second
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Minutes Approved: May 8, 2006
line, the word "out" should be "OUr."
7:4\ :45 PM Commissioner Hallman noted that on Page 21 of the March 13th minutes 9:34: 14, he
recalled that he had asked that at the next workshop we briefly discuss the Northern
Entranceway Redevelopment Project with the hope of getting approval from the Board. He said
he had wanted Commissioner Lowen to provide some brief information regarding the scope at
that time. He asked that the statement be substituted.
7:42:35 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the
Board moved to approve the aforementioned minutes as amended by a vote of 5-0. The motion
was declared passed.
7. COMMITTEE REPORTS
7:42:59 PM Commissioner Dancy noted that Habitat had invited her to meet with them, and she
had invited Captain Judy Jacobs to come along. She said they discussed the process of getting
families and had learned that Ms. Jacobs had located three families so far. She said if anyone
knew of persons who needed applications she would provide them.
7:44:06 PM Commissioner Gering said the Transfer Development Rights Committee met last
week and evaluated sending and receiving criteria. He said the consultants were now producing
economic models based on several scenarios. As far as the impact for the Town of
Hillsborough, he said it had become clear that the outcome for feasibility would be limited to
transfers within the County, not involving the ':Ilunicipalities.
7:44:50 PM Commissioner Gering said the Water/Sewer Advisory Board met last Thursday and
were pleased to hear that a rotating schedule had been created to send Town Board Members to
attend their meetings. He said they were starting to review the draft budget fo~ the Water Fund
with the intention of providing input to the Commissioners.
7:45:32 PM Commissioner Hallman said the Parks and Recreation Board had met with the
Waterstone developer, David Swanson, and discussed the layout of the park where the soccer
field would be. He said the Board had said they needed more information so they could follow
the same procedures used for Gold Park, which was to get preliminary ideas, present them to
the public, hold a public forum to get input, and then. reach agreement on a final design.
Commissioner Hallman said that the Parks and Recreation Board was concerned about the
amount of funding available for the park and the fact that there was no consideration for
stubbing out water and sewer for future restrooms.
7:47:13 PM Commissioner Lloyd said the Judicial Facilities Committee was continuing with its
schedule. She said they would meet again in two weeks and may begin to meet more
frequently, adding she believed they were making progress.
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7:47:51 PM Mayor Stevens stated he had attended the Assembly of Governments Meeting,
noting the items were involved more with the Chapel Hill-Carrboro community although there
was an item on solid waste management that was of interest. He said primarily they were
looking at issues over the next thirty years as the County transitioned from the landfill, and
what would be done with solid waste.
7:49:25 PM Mayor Stevens said he had met with the new director of the Visitors Center of
Chapel Hill and Orange County, and made sure that they would point people towards
Hillsborough and that they were representing all of Orange County.
7:49:59 PM Commissioner Hallman said the Intergovernmental Parks Group had come out with
their composite County-wide parks and recreation trails map that laid out all public land, parks
land, and all the proposed parks and trails. He said he would make sure that the Commissioners
received a copy.
8. REPORT FROM THE TOWN MANAGER
7:50:54 PM Town Manager Eric Peterson said work was proceeding on the budget, noting they
had the added benefit and added labor of learning the water/sewer rate model. He said the
target was May 1 and he would try to meet that challenge.
Mr. Peterson said there was another Hillsborough University course taking place, noting this
was the third time the practical writing class had been offered. He said it was one of the most
valuable and popular classes, and had about 12 participants.
9. REPORT FROM THE TOWN ENGINEER
7:52:37 PM Town EngineerlUtilities Director Kenny Keel said he had received some proposals
for the Wastewater Plant Expansion Study and he and Mr. Peterson would be reviewing them.
He said he hoped to bring recommendations back to the Board at its next meeting.
Mr. Keel said he had sent out a notice and memo to all water customers about the
trihalomethane issue, noting they continued to be non-compliant for the first quarter. He said
he was optimistic they ~ould be back in compliance by the deadline imposed by the State.
Mr. Keel said regarding the Cates Creek Outfall, he had thought they had an April 1 deadline to
have all the easements in place, but had learned that the start date had been moved to May 1 so
they had until that date to secure the necessary easements without having to resort to
condemnation. He said they have given sufficient notice so if needed they could move forward
with condemnation, but they only have three of four remaining easements to be obtained.
7:55:00 PM Commissioner Gering said he understood that the Town's reservoirs were full. He
asked how many days of water would that provide. Mr. Keel responded roughly 340 days.
Commissioner Gering said that gave him some comfort that they would not face restrictions this
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year.
7:55:34 PM Commissioner Hallman said given that Raleigh was on water restrictions, do we
need to plan for any worst case scenarios at this point.
7:55:37 PM Mr. Keel responded that with the restriction ordinance now in place and the fact that
the reservoirs were full, he believed the Town would be okay even though the weather had been
dry. He said he would continue to keep the Board updated on a monthly basis, so if conditions
changed they could act quickly.
Commissioner Hallman stated if we don't get more rain, our restrictions kick in when we reach
180 days use, or six months from now. Mr. Keel responded that was correct. He said with our
water usage that was unlikely unless we experienced a major drought, adding he did not
anticipate that happening anytime soon.
7:56:41 PM Town Attorney Bob Hornik said regarding water restrictions, he received a call
today from Orange County Attorney Geoff Gledhill. He said it had been discussed over the last
few years to somehow coordinate our water restrictions and policies with the County. He said
Mr. Gledhill had been asked by the County Commissioners to start looking at that possibility
again.
7:57:23 PM Mr. Keel said we had adopted our restnctIOns several years ago, and
Orange/Alamance last year adopted new restrictions that closely mirrored ours. He said it was
unlikely that we would be under restrictions at the same time primarily because we have
different sources.
7:58: 19 PM Mr. Hornik said the County's idea was to begin the discussion before it was an issue,
because it seemed that in years past it was July or August when people were already concerned
about water that discussions were started.
7:58:53 PM Commissioner Hallman asked who would be attending the Confluence meeting. Mr.
Keel said he believed Commissioner Gering was going as well as James Watts from the
Water/Sewer Advisory Board. He said he and Mr. Peterson would also attend.
7:59:] 0 PM Mr. Peterson said he forgot to mention during his earlier report that each of the
jurisdictions that were participating wanted to provide the opportunity to share what their
interests are. He said they wanted to protect the vitality of the Eno, but also we wanted to
protect our investment in the reservoir and protect our water capacity. He said we were hoping
to identify different mechanisms to do that, but not at the price of our water capacity.
10. REPORT FFOM THE PLANNING DIRECTOR
8:00:05 PM Planning Director Margaret Hauth said there were a couple of items to mention that
were not contained in her report. She said we have two new Riverwalk contracts signed, one
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for the surveying and one for the new acquisition agent. She said in future months they would
set up a "Top 15" Code Enforcement Projects List that would outline the highest priority issues
and provide updates with the agenda packets.
8:01 :30 PM Town Attorney Bob Hornik said he and County Attorney Gledhill had also
discussed having County and Town staff talk about nuisance ordinances, for example for junk
cars, and the differences in how each jurisdiction regulated those with the idea of making sure
there was no gap in coverage where their territories may overlap.
8:02:04 PM Commissioner Gering asked if we had approved the draft of the junk car definition
he had been working on. Mr. Hornik said it was still in progress.
8:02: II PM Ms. Hauth said the Board would see the Zoning Ordinance Text Amendment at the
April public hearing, adding that notices would be sent out to those who might be affected.
11. ITEMS FOR DECISION - CONSENT AGENDA
A. Consider approval of the request from Mike Daniels for Installation of Oversized
Headstone in Town Cemetery
B. Consider Acceptance of Kerr Drug Water Line Extension
C. Accept grant of $5,000. from the General Legislature for historic preservation and
authorize the manager to sign a contract with Circa, Inc. to update the architectural
inventory and National Register Nomination
D. Consideration of an ordinance to annex 18 lots on Tuliptree Road. The parcels are
identified as TMBL 4.5A.C.6-13 and 4.5A.D.I-1O
E. Consideration of Miscellaneous Budget Amendments
12. D Receive request from Parks and Recreation Board for recognition for Elizabeth Lacey's
service to the Town
8:03:52 PM Mayor Stevens stated that Item #12D was now part of the Consent Agenda.
Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved
to approve the Consent Agenda by a vote of 5-0. The motion was declared passed. A copy of
the Budget Amendments is hereby incorporated by reference and made a part of these official
Minutes as an Attachment.
Mayor Stevens recognized Mike Daniels, letting him know that with adoption of the Consent
Agenda he had been given permission to move forward with placement of an oversized
headstone at the Town cemetery. Mr. Daniels thanked the Board for this action.
12. ITEMS FOR DECISION - REGULAR AGENDA
A. Consider Approval of Water/Sewer Extension Contract for Riverbend II Subdivision
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B. Consideration of Preliminary Subdivision Plan for Riverbend II to create 12 lots on two
new public roads connecting Tuscarora Drive and US 70 A
8:04:27 PM Mayor Stevens noted that Items A and B would be discussed jointly, since both
pertained to the Riverbend Subdivision.
Planning Director Margaret Hauth said the request included a variance request to reduce the
buffer required adjacent to the Classical American Homes Preservation Trust property along the
boundaries of Lots 1, 2, and 3. She said the Planning Board recommended approval since the
adjacent property was a preservation trust property with restrictive covenants on it, the owner
was willing to plant the buffer to the same standards as the water buffer, and the neighborhood
wanted the road connection to give them a secondary access.
Ms. Hauth said they had gotten the street right-of-way issue resolved, and the plan showed a 50-
foot street right-of-way with 10 easements on each side to accommodate the sidewalk and
utilities. She said the Planning Board recommended approval with the condition that one shade
tree sapling be donated to the Town for each decade of age found in the White Oak that was
removed, estimated to be 290 years old. She said the Planning Board also recommended that
the Town Board consider annexation of the property.
8:07:00 PM Commissioner Gering said he was not familiar with the variance process used by the
Planning Board. He asked if that was a decision that the Planning Board made. Ms. Hauth
responded yes. Commissioner Gering asked if the Town Board had to approve it. Ms. Hauth
replied that the variance process was the one thing the Planning Board had sole authority over.
Commissioner Gering asked what the status of the variance would be if the Board denied the
application. Ms. Hauth responded that the project would not go forward so the variance would
not exist.
8:07:47 PM Commissioner Hallman said he thought the adjacent property owner had objections
to the variance, and had asked that it not be granted. Ms. Hauth said that was correct, noting the
property owner had appeared before the Planning Board to state his objections but the Board
had granted the variance.
8:08:21 PM Commissioner Gering asked what the reasons were for granting the variance over
the objections of the adjacent property owner. Ms. Hauth said the objection was that because of
the existing roadway and the angle at which it approached the property, in order to make a
compliant connection for Claytor Drive and to allow room for curbs and create the two-road
situation, to do all of that put a crunch on the lot depth of Lots I, 2, and 3 by imposing a 50-foot
buffer on the back side that could not be built upon, p1aking the lots fairly narrow in buildable
area. She said since that was created by the road connection and the desirability of the road
connection from the standpoint of both the neighborhood and the Planning Board, the Board
considered that a reasonable. practical difficulty.
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8:09:45 PM Commissioner Gering asked if the Planning Board was unanimous in that decision.
Ms. Hauth said they were not unanimous but there was a majority.
8:09:58 PM Commissioner Gering said he would benefit by having a chance to review the
minutes of the Planning Board's two meetings where this was discussed. He said he would like
to know if other options were discussed and what the resolution was for reducing the number of
lots to deal with the space allocation problem. Ms. Hauth said the testimony from the applicant
was that it would make the project financially not viable.
Commissioner Gering stated he was not sure that would be a factor in his decision.
8: 10:58 PM Commissioner Hallman said he understood Commissioner Gering's concerns, noting
that he would like to have a way for Planning Board members to pass their concerns along. He
said he would like to see the Planning Board minutes as well, particularly if this was setting a
precedent. Ms. Hauth stated that variances were always considered case-by-case.
8: II :37 PM Commissioner Gering said the consequence of the variance was still based on this
particular plan, and although the Commissioners did not make a judgment on the variance they
would make a judgment on the entire plan.
8: 12:05 PM Ms. Hauth said the two most salient comments from the neighborhood on this
project were to keep the road narrow and to address traffic. She said they desperately wanted
the road connection to provide the second access, but wanted to keep the twelve lots similar to
the existing development on Tuscarora and the existing development on Saponi Drive. She said
they were very supportive of this stop condition road and that it continue its arc.
8: 12:57 PM Commissioner Hallman asked if we had plans to annex these homes. Ms. Hauth said
the applicant had not requested annexation, adding he had not talked about that with the
Planning Board.
8:13:29 PM Jim Parker with Summit Consulting, speaking for the Applicant, provided a
summary of the issue with the road and his viewpoint regarding the variance. He reiterated the
issues surrounding the road connection as stated by Ms. Hauth and provided some additional
minor details. He noted "that the adjacent property owner who had raised an objection had
attended the first public meeting but had not attended any others, He asked that the Board
approve the plans before them.
8: 17: 13 PM Commissioner Gering asked if the current the road configuration with the
intersection was the only possible solution to reduce speeding.
8: 17:51 PM Mr. Parker replied that if the road went straight through, the same number of lots
could be achieved, but it would be a straight-through movement and would cause speeding.
8:18:24 PM Commissioner Gering asked if that argument was supported by Mr. Parker's
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expertise. Ms. Hauth said there were other traffic calming mechanisms that were possible
options, but they would not bring traffic to a full stop. She said a full stop was the most
effective mechanism to control speed.
8: 18:34 PM Commissioner Gering said he could understand it being the most effective, but was
this more of a restriction than was warranted for this length and design. He said he questioned
whether this design was more suited to meet the developer's other objectives, but also happened
to work well to reduce the speeding problem.
8: 19: 13 PM Ms. Hauth said they had not studied the road at that level.
8: 19: 18 PM Commissioner Gering said this was a case where we might have been better off
having our own traffic study. Ms. Hauth replied this was not a project that triggered a traffic
study because of its small size.
8: 19:31 PM Mr. Parker noted that these were State-maintained roads so there were limited things
other than creating those stops and "T"s that the State would accept for traffic calming.
8: 19:43 PM Town Manager Eric Peterson said if this was a Town street then speed humps or
tables could be considered, but in the past staff had been hesitant to do that because they were
costly to put in. But, he said, they were less costly to install with a new development so that
could be an option to consider.
8:20:22 PM Commissioner Gering said his reaction was based on the discussion with the Ashton
Hall developers about this same question, lengths of streets and design and how to prevent
speeding. He said the length of this street was smaller than most of the streets in Ashton Hall,
so it did not seem as if we were getting a complete analysis.
8:21:03 PM Mr. Parker noted that this road was one-half mile long, perhaps slightly longer. He
said when this road was built the people who used the dirt portion now would stop using it, and
would start using the new entry/exit.
8:21 :32 PM Commissioner Hallman said much of this could be solved if the Town annexed the
property, and then.used the street profiles that we had been discussing for in-Town streets. He
said the applicant was giving up eight or nine feet of buffer on each side to accomplish the
swales and the setbacks required by NCDOT. He said if the street was built to the Town's
specifications he could get more depth in the lots. He asked Mr. Parker if he had any intention
to request annexation, noting he would then not have to have the eight-foot swales. Mr. Parker
replied the sidewalk and utility easements were in the setback.
8:22: 19 PM Commissioner Hallman said if you built to Town street specifications that much
easement would not be required. Mr. Parker reminded the Board this was a 50-foot street, and
it was 70 feet when you included the easements.
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8:22:50 PM Commissioner Gering said if it were built to the Town's specifications it would only
be 50 feet total. Ms. Hauth replied that was only if everything could fit in. She said to allow
for curb and gutter there might not be room within the 50 feet for the swales and sidewalks,
which is why we had easements to begin with. She said the Planning Board had recommended
that if the project were annexed that a 60-foot requirement be applied to accommodate the
utilities and sidewalks.
8:23:29 PM Commissioner Hallman said his point was that if this was contiguous to the Town
and was logically something that would be annexed, why were we building something to
County road specifications. He said why not build it to Town specifications.
8:23:55 PM Mayor Stevens said building it to Town specifications would impact the setbacks.
Ms. Hauth said that was correct, noting that if the right-of-way was increased to 60 feet, it could
make all of the lots non-conforming.
8:24:23 PM Mr. Parker commented that the project would not work with a 60-foot right-of-way.
8:24:35 PM Commissioner Lloyd said if it was not annexed it had to be 50 feet wide, and if it
was annexed it had to be 60 feet. Ms. Hauth said that was the recommendation from the
Planning Board, at least for the one road that was not a cul-de-sac/minimal access road.
8:25:31 PM Mr. Parker said some of the nearby roads had 60-foot and 50-foot rights-of-way, but
there were some that did not.
8:25:45 PM Commissioner Gering commented there were no sidewalks there, either. Mr. Parker
stated that was true.
8:25:49 PM Commissioner Hallman asked if a 50-foot radius cul-de-sac was sufficient for a fire
truck to maneuver. Mr. Parker said it was.
8:26:04 PM Commissioner Dancy asked if the owner had any desire to be annexed. Ms. Hauth
said annexation had not been requested but the property owner was present and could speak to
that.
8:26:22 PM Wesley Cook, the property owner, said that someone on the Planning Board had
suggested that be put before the Town Board, but he did not request it.
8:26:47 PM Commissioner Lowen said it had been mentioned in an earlier meeting of the
Planning Board that a narrower street was a natural calming device.
8:27:53 PM Commissioner Gering said he wanted an explanation regarding the payment-in-lieu
of recreation space. Ms. Hauth replied that because this project was in the ETJ, it was common
to accept a payment-in-lieu of dedicating recreation space, which was acceptable to the Parks
and Recreation Board and the Planning Board
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8:28:44 PM Commissioner Gering asked what was the reasoning for those recommendations.
Ms. Hauth responded primarily because there were only 12 lots, providing the recreation space
would mean the los~ of a developable lot, and it would be the responsibility of the homeowners
association to maintain it. She said it would only be land, with no developed park.
8:29: 16 PM Commissioner Gering asked what it would mean for the recreation requirements of
the families that lived there. He said that was a good philosophy if you were assuming that
parks would be built somewhere nearby that would otherwise serve them with equipment. Ms.
Hauth said what we get in return was the equivalent value of 12/35ths of an acre in cash that the
Town could use to develop recreation facilities in the immediate vicinity, most likely on the
Cates Creek greenway.
8:30:05 PM Commissioner Lloyd asked if the Cates Creek greenway was meant to follow Cates
Creek all the way up to where it joined the Eno River on Elizabeth Brady Road, which crossed
US 70 and intersected with the Trust property. She said it then came down to where the Trust
currently had walking trails off of Elizabeth Brady Road where Cates Creek re-intersected the
Eno River.
8:30:47 PM Mr. Peterson said the Waterstone Park would be coming in, and it was probably a
five-minute drive from this development. He said if you have only a five-minute drive to get to
a park, to him that was the immediate vicinity. He asked the Attorney from a definition
standpoint, were they being too narrow in limiting the use of the funds.
8:31:21 PM Mr. Hornik said he was sure there was no defined term, case law, or statute that
defined what the "immediate vicinity" meant. So, he said, we were working with a gray area.
He said the Waters tone park might be close enough.
8:33:01 PM Commissioner Gering said he was tr'ying to determine, from a policy perspective, the
issue of annexation. He said it does seem attractive for those areas of Town that were
contiguous to actually be a part of the Town. He said this seemed to be a good example, and
believed it would eventually be the Town's intention to annex this, and now would be a good
time to do that. He asked the Board if that was the kind of policy they wanted to pursue, and if
so, what do we need to do in order to make a decision in this case.
8:34:20 PM Commissioner Lloyd said she did not think the Town had any plans to annex
Tuscarora Drive. Ms. Hauth said not at this time. Commissioner Lloyd said so we were
considering annexing in the other direction. Ms. Hauth noted that the Preservation Trust was in
the city limits so the entire eastern boundary of this project was adjacent to the city.
8:35: 18 PM Commissioner Gering said long term, he believed that area would be annexed
because we could not expect them to be on septic systems forever. He said we would have to
find a way to provide them with sewer.
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8:35:51 PM Commissioner Hallman said this was logically a part of the Town, and Tuscarora
was not part of this discussion, since that was an opportunity that came and went. He said we
would have to live with this development being a small island in the middle of Town if we did
not go ahead and annex it.
8:36:21 PM Commissioner Lloyd said if the owner did not want to be annexed then she was not
sure she wanted to require it.
8:37:06 PM Mr. Peterson said he did not foresee this annexation taking place in the next five
years or so. He said the question was not if, but when, these areas would be annexed and if the
Board wanted to do it now then there were policy choices to figure out how to do that. He said
it could be done now when it was most convenient or put off until later when it was not as
convenient and may be involuntary.
8:38:31 PM Commissioner Lowen commented that if it was annexed now it would be
involuntary. Mr. Keel said it would be, noting that the Board did not have to approve the
project. Commissioner Lowen asked if he was suggesting that if it were not approved that the
Board would then some years from now annex that land even if it were not developed.
8:39: 16 PM Commissioner Lloyd said she had mentioned Tuscarora because she had been told in
the past by the Engineer that if you annexed that area you would have to annex 70A as well.
8:40: II PM Mr. Keel said about 2 years ago the Board has requested that they look at a few areas
around the Town for potential annexation, and Tuscarora was one of those. He said this project
would include water and sewer, so in order to serve parts of Tuscarora, if in fact it was annexed
in the future, there would be less distance required to run sewer.
8:41: 10 PM Commissioner Lloyd said she had mentioned it because there was a resident in that
area who was desperate for sewer, but could not afford to have it run.
8:41 :40 PM Mayor Stevens said the Planning Board had noted there were some concerns, and
there were some policy issues about annexation. He said it would be easy to go forward with it,
but at the same time if we had policy issues that needed attention we should do that first. He
said those were the competing issues he was hearing. He asked if we had enough information
to make a decision tonight, or did we need further discussion about annexation or other issues.
8:43:] 5 PM Commissioner Gering requested a financial analysis on annexation and a copy of the
Minutes of the Planning Board meetings. He said if he had to vote tonight without that
information, he would vote no.
8:43:50 PM Commissioner Dancy and Commissioner Hallman both asked for the same
information.
8:44: 19 PM Commissioner Gering said he would like to understand how the design would
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change if we were to annex this, such as the road width, the right-of-way, curb and gutter versus
swales, and any other possible impacts that decision might have. He said he would like to
know, with the Planning Board's input, what would be a reasonable change to the plan.
8:44:54 PM Ms. Hauth stated it was possible the applicant would say there were no changes if it
were annexed. She asked if the Board wanted to set out specific guidelines on what they
wanted to see if it were annexed so the applicant would know whether or not to redesign the
project.
8:45:33 PM Commissioner Gering said he was not prepared to do that himself, and he would like
to know of the Planning Board's reasoning before he made up his own mind. He said he
believed there were two ways the road profile might change under the assumption of
annexation. He said it was more cost-effective to make this site part of the Town now, but if
there were design changes because of that then those should be considered now as well.
8:46:42 PM Ms. Hauth said she understood Commissioner Gering was asking the applicant to
reconsider the design in light of annexation, and review by the Planning Board. Commissioner
Gering said yes, because he would rather rely on the Planning Board's informed analysis than
just the applicant's. He said he was concerned that the Planning Board had not analyzed the
spectrum of possibilities regarding the annexation of this property.
8:47:54 PM Ms. Hauth said she understood Commissioner Gering was asking the Planning
Board to look at what the Town would like this to look like as opposed to what the applicant
would propose. Commissioner Gering said that was correct. Ms. Hauth asked if he also wanted
to include alternative traffic calming mechanisms rather than the cul-de-sac stop.
Commissioner Gering said yes, noting he realized we were reaching the limits of practicality
but he wanted as much information as possible. Ms. Hauth said then if the applicant were
willing to do that analysis then that was preferred, but we were not requiring that it be done.
Commissioner Gering said yes, because that might be more suitable for a larger project.
8:49:07 PM Commissioner Lloyd said she would like to have a map that included Tuscarora
Drive and Saponi Drive in context to this development, adding she did not believe we had the
funds to annex the area and extend water and sewer.
Ms. Hauth reiterated the additional information requested by the Board: a fiscal analysis for
annexing the property; have the Planning Board review the project, keeping in mind what the
Town wanted to see if annexation occurred; asking the applicant to analyze if there were
changes in design that would be required by either investigating curb and gutter or the 60 foot
wide road; asking the applicant to describe to the Board if he would consider any of those
redesign changes and demonstrate in a drawing what impact those changes might have on the
project; provide the Board with a larger context map; and provide the Board with the minutes of
the previous Planning Board meetings.
8:51 :37 PM Mayor Stevens thanked the applicant for his patience.
13
April 10, 2006 Regular Board Meeting
Page 14 of 24
Minutes Approved: May 8, 2006
C. Consider Adopting a Motion supporting the formation of a Joint Committee with the
Orange Rural Fire Department and Town to Evaluate and Develop Options Regarding
the Potential of Entering into a Long-Term Partnership for Fire Protection Services
8:52:02 PM Mayor Stevens briefly described the issue, noting it had been discussed in the joint
meeting. He said the Board needed to formally endorse the committee and then decide who the
two representatives would be.
8:52:45 PM Commissioner Dancy said Commissioners Lowen and Lloyd had been working on
the Fire Department committee, so they would be the appropriate representatives.
8:53:06 PM Mayor Stevens asked for volunteers.
8:53:33 PM Town Manager Eric Peterson said this committee would meet separately from the
monthly Fire Department meetings, but he did not yet know what the meeting schedule would
be.
8:54:30 PM Mayor Stevens said he would be happy to serve as alternate for either of the two
representati ves.
8:54:54 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the
Board moved to support the formation of a Joint Committee with the Orange Rural Fire
Department and Town with Commissioners Lowen and Lloyd as the Board's representatives
and Mayor Stevens as alternate by a vote of 5-0. The motion was declared passed.
D. Receive request from Parks and Recreation Board for recognition for Elizabeth Lacey's
service to the Town
This item was considered on the Consent Agenda.
E. Consider request from the Cool Jazz Festival for Sponsorship contribution
8:55:31 PM Commissioner Gering said he believed this was the sort of thing that the Tourism
Board should be handling.
8:56:08 PM Commissioner Lowen said the Town did not do a lot in terms of these types of
events, and believed that we should strive to do more. He said it should draw a large crowd,
possibly 3,000 or more.
8:57:23 PM Commissioner Gering said we needed to communicate to the organizers that they
should fill out an application with the Tourism Board, since the pro~ess for tourism grants had
already begun. He said his fear was that if the Board considered granting funds to this group
rather than having them go through the Tourism Board, we would be setting a precedent. He
14
April 10, 2006 Regular Board Meeting
Page 15 of24
Minutes Approved: May 8, 2006
said he would take this matter to the Tourism Board and have staff contact the organizers, and
to relate the Board's enthusiasm for this event.
8:58:39 PM Commissioner Lowen asked whether the Town Board wanted to ask the Tourism
Board to consider a particular level of support.
8:59:21 PM Town Manager Eric Peterson said an alternative would be that the Board could, for
this year, grant funds from its miscellaneous budget, then send a letter to the organizers to let
them know this was a one-time deal and that next year they would have to go through the
Tourism Board's process.
9:00:43 PM Commissioner Lowen said then we needed to decide what level of funding we
wanted to grant.
9:00:52 PM Mayor Stevens stated that the Silver level was $500, and asked if that fit in with
what the Tourism Board would support.
The Board agreed by consensus to grant $500. Mr. Peterson stated staff would handle having
the sponsorship check and a letter sent to the organizers.
F. Receive report from Clarion Associates regarding recommended staff levels and skill
sets in the Planning Department
9:02: 10 PM Ms. Hauth highlighted the four specific suggestions offered in the Clarion report.
She said she would like to come back to the Board next month with an action plan on the steps
they intended to take to address these points.
9:03:02 PM Commissioner Dancy said she believed the report was well written and contained
good detail.
9:04:35 PM Ms. Hauth said she believed there was a consensus of support for the report and that
she would come back to the Board with an implementation scheme.
9:04:41 PM Commissioner Gering said one thing of particular relevance was the possibility of
using in the short-term a consultant or out-sourcing the design part of this.
9:05:45 PM Ms. Hauth said she had received a fairly thick document of design guideline-type
work that Clarion had done in Manteo, and believed we would use a similar process to identify
key items. She said it is available in her office if the Board desires to see it.
G. Consideration of Tryon Street and Churton Street Improvements
9:06:46 PM Assistant Town Manager/Public Works Director Demetric Potts said over the last
year they had contracted with Summit Consulting Engineers to develop a solution for the
15
April 10, 2006 Regular Board Meeting
Page 16 of24
Minutes Approved: May 8, 2006
flooding at the intersection of Tryon and Churton Street as well as the erosion of the bank at
that intersection. He said that Summit was recommending the installation of two new curb
inlets with the necessary piping as well as installation curb and gutter to address the drainage
problem. He said they were also recommending installation of additional plantings, possibly
juniper bushes, to address the erosion issue.
Mr. Potts said they were asking the Board for authorizing to move forward with bidding the
project out, noting the potential cost was estimated at $43,302. He added they had $50,000
budgeted for this project.
9:08:04 PM Commissioner Hallman asked if we would be reimbursed by NCDOT for some of
the costs. Mr. Potts said the consultant would file the necessary paperwork to request the
reimbursement, but did not know whether reimbursement for some or all of the cost would be
granted.
9:08:24 PM Commissioner Hallman asked how far out into the State road would improvements
occur. Mr. Potts said just around the corner. He said another issue was there had been on-street
parking in this area that would no longer be available once the curb and gutter was installed.
9:09:21 PM Commissioner Lloyd asked if this project would cause any trees to be removed. Mr.
Potts responded no.
9:09:42 PM Mayor Stevens asked if there were any archeological or curb stones that we might
need to be concerned about. Mr. Potts said he did not believe so, but they would take a look at
that prior to moving forward.
9: 10:35 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the
board moved to approve authorization to bid the project by a vote of 5-0. The motion was
declared passed.
H. Consideration of Commercial Waste Collection Franchise Agreement
9: II :00 PM Assistant Town Manager/Public .W orks Director Demetric Potts said the Town's
agreement with Waste Industries would expire on July 31, and they wanted guidance on how to
proceed. He said the options were to potentially negotiate a new contract with Waste Industries
or to contract the service out. He said he preferred that they attempt to negotiate a renewal
contract with Waste Industries, hopefully for no increase or for a lower rate. He said the system
in place had worked well over the last three years, and they had not received any major
complaints about the service provided. He said that would also mean there would be minimal
impact on staff in managing the agreement.
9: 12:28 PM Commissioner Dancy said initially there had been some issues with the business
owners, but it appeared now there was only one. Mr. Potts said the issue did not actually
pertain to the service being provided by Waste Industries, rather the business owner wanted the
16
April 10, 2006 Regular Board Meeting
Page 17 of24
Minutes Approved: May 8, 2006
Town to open up the franchise and allow other vendors to come in and make collections. He
said the Board could address that at some other time, but that was not a part of the request here.
9: 13: 14 PM Town Manager Eric Peterson said one other interest expressed, also not a part of this
issue, was that the owner of the Wine Shop had indicated there was not a conveniently located
dumpster for his business. He said he had talked with the owner and was following up on that.
9: 14: 12 PM Mayor Stevens said his sense was that no one was complaining about the service
being provided, but that there were other issues that needed addressing.
9: 14:39 PM Mr. Potts said this was the last renewal year, noting that after this year we would
have to bid it out.
. 9: 14:43 PM Mr. Peterson said he supported Mr. Potts' recommendations, noting there would be
some level of upheaval if you had a change of vendor. He said the program worked well, and
they would like to negotiate with Waste Industries for possibly the same or lower rate.
9: 15:30 PM By consensus, Board authorized the Franchise Agreement Renewal to Waste
Industries.
9: 16:05 PM Mr. Potts said as part of the negotiations they would attempt to determine the cost of
providing small businesses residential-type carts, which some had requested.
9: 16:37 PM Mr. Peterson said they would like to be able to do that, and would explore that with
Waste Industries. He said they had indicated previously that it would be problematic. He said
they would include it in the bid package.
9: 17:28 PM Mr. Potts said he would discuss this with Waste Industries and have them estimate
the cost, but when we bid it out next year, we would include it in the bid package.
1. Announcement of Town Receiving the Distinguished Budget Presentation Award from
the Government Finance Officers Association
9: 17:49 PM Mayor Stevens announced that the Town was receivin'g the Distinguished Budget
Presentation A ward from the Government Finance Officers Association.
Town Manager Eric Peterson said we had in the past received this award several years in a row,
noting it was labor intensive to make the budget document meet the standards required to
receive the award. He said the intern working with him last year had done a major portion of
the work to get the documents completed, noting the Town Board and the department heads
deserved a lot of credit because of the quality of work that went into the budget document.
J. Consideration of "Hot Topics" for April Workshop
17
April 10,2006 Regular Board Meeting
Page 18 of24
Minutes Approved: May 8, 2006
Mayor Stevens said it was his understanding that the April Workshop with be a combined
meeting with the Advisory Boards, which might take up most of the time.
9:20:03 PM Town Manager Eric Peterson said in order to give the advisory boards the time they
deserved, he suggested pushing the discussion about Owls Wood to the May Workshop.
9:21:05 PM Commissioner Gering asked if Mr. Hornik would give a presentation on legal
standards for the advisory boards.
9:21: 11 PM Town Attorney Bob Hornik said it had been suggested that he provide an orientation
on the standards particular to the Board of Adjustment, the Planning Board and the Town
Board, regarding statutes and their impact.
9:21 :35 PM Commissioner Gering said we probably needed to place a time limit on that
discussion.
9:21:48 PM Mayor Stevens suggested receiving some information in advance so they would have
some review material.
9:22:08 PM Mr. Hornik asked what the Board would like to hear. He said it could be a review of
the statutes or a review of the different roles and standards that each board was suppose to apply
when hearing different types of applications.
Mayor Stevens suggested Mr. Hornik provide what he felt was the most important. Mr. Hornik
said the two broad topics would be the roles of each of the boards and the standards of each of
the boards.
9:23:31 PM Commissioner Lloyd suggested discussing the standards first and the roles second.
9:24:03 PM Planning Director Margaret Hauth said the memo stated this meeting with be with
the chairs of the advisory boards, but she thought all of the board members were to be included.
Mayor Stevens said that was his understanding as well.
9:24:47 PM Mr. Peterson said at the previous meeting with the Advisory Board Chairs, the Board
had indicated it wanted to continue its discussion. He said Mr. Hornik wanted to talk about
standards, and in the next few months he would prepare a training session for the Town Board,
the Planning Board, and the Board of Adjustment. He said he did not believe that two weeks
was enough tIme to get all of these boards together.
9:25:23 PM Mr. Hornik said in a separate session we may be able to do a more detailed job, but
that would involve scheduling another meeting.
Mayor Stevens suggested having the Chairs and Co-Chairs attend, and invite the other advisory
18
April 10, 2006 Regular Board Meeting
Page 19 of 24
Minutes Approved: May 8, 2006
board members to sit in the audience. Mr. Hornik said since we were not yet prepared to do the
more detailed training, then that would be fine.
9:26:08 PM Mr. Peterson said Mr. Hornik had suggested having the more in-depth training
scheduled after the budget preparation was completed. He said they would work to determine a
date that could be placed on the Board's schedule.
Mr. Hornik said he would work with the Mayor to develop an agenda.
9:27: 12 PM Mayor Stevens called for a five minute recess before entertaining a motion to move
into Closed Session.
9:32:51 PM Mayor Stevens reconvened the meeting.
Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved
to go into Closed Session by a vote of 5-0. The motion was declared passed.
13. CLOSED SESSION
A. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3)
to meet with Town Attorney regarding potential Litigation with Atlantic Skanska and
current Litigation with EYC/Corbinton Commons
14. ADJOURN
Upon returning to Open Session, and upon a motion by Commissioner Dancy, seconded by
Commissioner Hallman, the Board moved to adjourn the meeting at 10:04 PM by a vote of 5-0.
The motion was declared passed.
Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
19
April 10,2006 Regular Board Meeting
Page 20 of 24
Minutes Approved: May 8, 2006
fl?tJt!/lJ7J!1i;tJ# J?lf'tlC ;?tJtJ&. t7fj;) -SA
Proclamation
"Sexual Assault Awareness Month Proclamation"
WHEREAS. the Orange County Rape Crisis Center assisted 434 survivors of sexual violence
and their family members. friends and loved ones during the 2004 - 2005 fiscal year; and
WHEREAS, the Orange County Rape Crisis Center works with the county's two school
systems to provide all students with age-appropriate information about sexual assault
prevention. reaching 9,007 children and youth during the 2004 - 2005 school year; and
WHEREAS. the coordination of the Orange County Sexual Assault Response Team {SART) is
bringing together law enforcement. the medical community. the legal system and other
community advocates to improve services for survivors of sexual assault; and
WHEREAS. 1 in 5 North Carolina women have been sexually assaulted at some point In
their lives (NC Deportment of Health and Human Services 1999): and
WHEREAS. in the United States rape is the most costly crime to its survivors. totaling $127
billion 0 year considering factors such os medical cost. lost eamings. pain. suffering and
lost quality of life {U.S. Department of Justice. 1996); and
WHEREAS. in the United States 1 in 6 women and 1 in 33 men have experienced a
completed or attempted rape at some time in their life {US Department of Justice 1998);
and
WHEREAS. persons with disabilities in North Carolina experience sexual assault at a rate 4
times higher than persons without disabilities (Behavioral Risk Factor Surveillance System.
2000(2001); and
WHEREAS. there are 5.915 sex offenders and sexual predators registered as living in North
Carolina (State Bureau of Investigation. 2002); and
WHEREAS. the blaming of the victim continues to be an enormous problem in instances of
rape and sexual assault; and
WHEREAS. the Orange County Rape Crisis Center. a non-profit. volunteer agency which
has been serving this community since 1974. is working with others in the community to
stop sexual violence and its impact through support. education and advocacy;
NOW. THEREFORE BE IT RESOLVED that I. Tom Stevens. Mayor of Hillsborough. do hereby
proclaim Ihe month of April 2006 as wSEXUAL ASSAULT AWARENESS MONTH." I encourage
all citizens to speak out against sexual violence and to support their local communities'
etforts to prevent and respond to these appalling crimes.
This the 1 Dlh day of April 2006.
(
-~~- ~
20
April 10, 2006 Regular Board Meeting
Page 21 of24
Minutes Approved: May 8, 2006
Town fJt'fJttllnl/;!itAl# ;J,ftJt!jII)tJu. tJf/1tJ~)" ~
of , ,
H" illsl':~ .. h
,_."..~pg
pJ?OOtAHmlON
H"'(IIl~
OJ!ANQE. CDNam;tmONS IN HfSSfON
w~ Twenty-five years ago, on May 4,1981, representatives from five Orange CotUlty
congregations gathered to form an outreach ministry to fulfill their dreams of feeding the
hungry, clothing the naked and, otherwise ministering to the needs of the people who
populated the small towns and rural areas. From this meeting was born "Orange
Congregations in Mission", and;
wt-.., OCIM is a non-profit ministry composed of around 40 churches in the northern
Orange County area who, as a human services organization, strives to meet the
emergency needs of those who find themselves in crisis situations, and;
\It-. OCJM's mission is to minister to the urgent needs of citizens of Orange County
through the volunteer efforts of diverse congregations and individuals inspired by faith in
God, and lo enhance self-sufficiency and awareness of community resources, and;
\l1.e.Iu. OCIM serves the entire Orange County School District, and relies upon volunteers
from its member congregations and the larger community to accomplish it's mission,
and;
~ Funding for the operation comes through the member congregations and their
denominational offices, the proceeds from the Thrift Shop, United Way, Foundations,
and private donations, and;
\It.-, OCIM's kindly devotion and practical assistance to the neediest an\ong us
exemplify the highest ideals of our community and nation, and;
Now. T~ I, Tom Stevens, Mayor, town of HiUsborough, do hereby proclaim the month
of May as:
0......, C....,......w;,. ~'.. 2S" A",.ilAl~~ H-d.
In our community, and urge all citizens torecogniz.e and honor the inspiring and
wlfaiHng devotion of this great organization which for so many years has erved the
spiritual and physical needs of the less fortunatc.
21
April 10, 2006 Regular Board Meeting
Page 22 of 24
Minutes Approved: May 8, 2006
Town
of
Hill~
BUDGET AMENDMENTS
ADrll. 2006
GENERAL FUND ~ ~ ~
1. Revenue
10-3480-651 Bullet Proof Vest $ $ 1,151 $ 1,151
10-3990.000 Fund Balance Appropriated $ 682.764 $ 11.151\ $ 681.613
$ 682 764 $ $ 682 764
To fund receipt of Bullet Proof Vest Grant for vests purchased and paid fOl' In FY05
2. Revenue
10-3350-200 250th Anniversary $ $ 110 $ 110
10-3990-000 Fund Balance Appropriated $ 681.613 $ 1110\ $ 681.503
$ 681613 $ $ 681 613
To fund receipt of t-shirl sales
3. Revenue
10-3350-100 Misc.- Confiscation %age $ $ 141 $ 141
Expenditure
10-5100-571 Police Admln./Misc.Drug Money % $ 1766 $ 141 $ 1907
To fund receipt of Substance Abuse Taxes and Restitution payment
4. Expenditure
10-4200-469 Administration/Analog Digital Sol. $ $ 650 $ 650
10-9990-000 Contingency $ 48.257 $ 1650\ $ 47.607
$ 48 257 $ 5; 48 257
To fund Analog Digital Solutions
5. expenditure
10-4900-020 Planning/Salaries $ 103,900 $ 16,900 $ 120,800
10-4900-050Planning/FICA 8,000 1,300 9,300
10-4900-021 PlanningfTemporary Personnel 18.200 118.200\
$ 130100 $ $ 130100
To fund Salary and FICA for temporary personnel through temporary personnel budget
137 North Churtofl Street. P.O. Box 429 . IIillllborou.gh, North Carolina 27278
919.732-2,lO4 . Fax 919. 7~12-1028
22
April 10,2006 Regular Board Meeting
Page 23 of 24
Minutes Approved: May 8, 2006
6. Expenditure
10-5300-360 Fire Inspections/Uniform Cleaning $ $ 1,000 $ 1.000
10-5300-080 Fire InspectionslTraining $ 1.800 $ 11.0001 $ 800
$ 1800 $ $ 1800
To establish and fund uniform cleaning line for fire inspections
WATER FUND
7. Expenditures
30-7240-331 Meter Reading/Dep!. Supplies $ 123.200 $ 20,000 $ 143,200
30-9990-000 Contingency $ 95.964 $ 120.0001 $ 75.964
S 219164 $ $ 219164
To fund the purchase of additional water meters and expanders for new construction and meter replacements
B. Revenue
30-3740-000 Water Meter Fee $ 30 000 $ 9400 $ 39 400
Expenditure
30-7240-331 Meter ReadingJDept. Supplies $ 143 200 $ 9400 $ 152 600
To fund the purchase of additional water meters and expanders for new construction and meter replacements
CATES CREEK
9. Revenue
61-3290-000 Interest Earned $ 37,982 $ 1082 $ 39 064
Expenditure
61-8280-570 Miscellaneous $ 162 982 $ 1082 S 164 064
To fund interest earned through February 28, 2006
WATER PLANT PROJECT
10. Revenue
63-3290-000 Interest Earned $ 15765 5; 1584 S 17349
Expenditure
63-8120-570 Miscellaneous/Contingency $ 318 947 $ 1584 $ 320 531
To fund interest earned through February 28, 2006
11. Revenue
70-3290-000 Interest Earned $ 88 834 $ 9541 $ 98 375
Expenditure
70-6900-730 Capital Improvement-Water $ 736.743 $ 5,057 $ 741,800
70-69oo-731-Capitallmprovement-Sewer $ 650.342 $ 4.484 $ 654.826
S 1 387 085 $ 9.541 $ 1 396 626
To fund interest eamed through February 28. 2006
23
APPROVED:f1tft7~~Q 7- 6-:tJ J/,:t
~/! / /
VERIFIED: .&~
D nna F. Annibrister, Town Clerk
April 10, 2006 Regular Board Meeting
Page 24 of 24
Minutes Approved: May 8, 2006
24