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Home My Public Portal About12-10-2007 Regular MeetingDecember 10, 2007 Regular Meeting Approved: January 14, 2008 Page 1 of 36 Town. ~ MINUTES °f HILLSBOROUGH TOWN BOARD ~1~.~$ ' ~~ ~" ~~ December 10, 2007 """"'~ ~ -. 7:00 PM, Town Barn PRESENT: Mayor Tom Stevens, Commissioners Evelyn Lloyd, Frances Dancy, Brian Lowen, Michael Gering, and L. Eric Hallman STAFF PRESENT: Town Manager Eric Peterson, Assistant Town Manager Nicole Ard, Town Clerk/Director of Administration & Human Resources Donna F. Armbrister, Planning Director Margaret Hauth, Town Engineer/LTtilities Director Kenny Keel, Finance Director Greg Siler, Police Chief Clarence Birkhead, Budget Analyst Emily Bradford, and Town Attorney Bob Hornik. Mayor Tom Stevens called the meeting to order at 7:02 p.m. 1. PUBLIC CHARGE Mayor Stevens did not read the Public Charge, but indicated it would be followed. COMMENTS FROM MAYOR STEVENS 7:02:57 PM Mayor Stevens stated that it had been an amazing two years, but he would enumerate those on February 18 during the State of the Town Address. He said that it was an absolute privilege to serve as Mayor, and almost everywhere he went he heard people say how much they loved Hillsborough. Mayor Stevens said on Friday he had attended a Speaker's Conference in Virginia Beach where the Treasurer commented to him that he loved Hillsborough and had proposed to his wife there. He said Hillsborough was a wonderful place to live and to visit, noting he had talked an hour ago with a couple visiting from Portland, Oregon. Mayor Stevens stated the Town had a vision that this Board had helped create of community, character, heritage, prosperity, vitality, sense of place, preservation of their natural and cultural history as well as its historic buildings, good economic development, and much more. He said none of that would happen without many heads, many hands, and many hearts working together. Mayor Stevens said he particularly wanted to thank Town Manager Eric Peterson and his staff who had a tremendous level of professionalism, noting it was a privilege to work with people who did so much for the Town. He said it was a privilege to serve with the Town Board, and thanked them for helping to make Hillsborough a really great place to live and work. OATHS OF OFFICE 7:06:12 PM The Oaths of Office were administered by District Court Judge Pat Devine. December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 2 of 36 1. MAYOR TOM STEVENS 2. COMMISSIONER EVELYN LLOYD 3. COMMISSIONER L. ERIC HALLMAN 4. COMMISSIONER BRIAN LOWEN Mayor Stevens thanked Judge DeWine for her service, and called for a short recess to honor those sworn in this evening. 7:14:41 PM RECEPTION FOLLOWING OATHS OF OFFICE 7:29:36 PM Mayor Stevens reconvened the meeting. INTERVIEW: Interview volunteers to fill vacancies on the Historic District Commission (2 vacancies) and on the Planning Board (2 current vacancies) 7:30:39 PM Ms. Hauth noted that the two candidates for the HDC vacancies were not present, so those should be postponed. 7:30:47 PM The Board interviewed candidates for the Planning Board, Elizabeth Woodman and Dan Barker. Elizabeth Woodman provided the Board with a brief statement regarding her background and interests in serving on the Planning Board. She said she would look forward to finding solutions to the issues faced by this Board. Ms. Woodman stated the Churton Street Corridor Plan and the 70 Corridor Plan were particularly promising, and would be a wonderful way to knit the community together, and she would look forward to working on that. She said she was very interested in connectivity between the neighborhoods as well as walkability. Ms. Woodman stated that Nash Street would be an area where she would like to see some progress towards walkability. Dan Barker provided the Board with a brief statement regarding his background and interests in serving on the Planning Board. He said his primary interest was to contribute to the community and seeing it continue with the personality, character and history that it had, which was a treasure. Mr. Barker stated they needed to find ways to preserve that as they balanced necessary growth so they did not become a tiny, surrounded suburb of any city. Commissioner Lloyd noted Mr. Barker had done a very good job while serving on the Water Sewer Advisory Board. Mr. Barker thanked her, and stated he would like to continue that service and serve on the Planning Board as well. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA No audience comments were offered. December 10, 2007 Regulaz Meeting Approved: January 14, 2008 Page 3 of 36 3. AGENDA CHANGES & AGENDA APPROVAL 7:34:54 PM Mayor Steven stated that under Item #5, appointments to the HDC had been removed. He said he also understood that Item K was removed from the Consent Agenda to be addressed at another time. 7:35:44 PM Commissioner Gering added a new item to the Closed Session as Item 1 l.C regarding potential economic development. 7:36:09 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to approve the agenda as amended by a vote of 5-0. The motion was declared passed. 4. PUBLIC HEARING A. Public Hearing to gather public comment regarding an Ordinance to condemn a dwelling at 106 US 70 East for Minimum Housing Code Violation Mayor Stevens stated that the public hearing had been cancelled due to a notice error and would be rescheduled. 5. APPOINTMENTS A. Selection of Mayor Pro tem 7:36:47 PM Commissioner Hallman nominated Commissioner Gering and provided some information about the various boards and committees he had served on. Commissioner Lowen seconded the nomination. 7:37:56 PM Hearing no other nominations, Mayor Stevens closed the nominations. 7:38:00 PM The Board unanimously voted to appoint Commissioner Gering as Mayor Pro tem. Mayor Stevens congratulated Commissioner Gering, and thanked Commissioner Dancy for her previous service to the Board as Mayor Pro tem. B. Committee Assignments for the Mayor and Town Board 7:38:26 PM Mayor Stevens said he had had informal conversations with the Commissioners to determine the Committee assignments. He said for the most part they were using the status quo, but there were some things that could potentially be changed. Mayor Stevens said one was the Hillsborough Business Liaison, which Commissioner Gering had indicated he would not be able to do due to daytime meetings. Another, he said, was the Parks and Recreation Committee which was tied to the Orange County Intergovernmental Parks Work Group now assigned to December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 4 of 36 Commissioner Hallman. Mayor Stevens said Commissioner Lowen was assigned to the Solid Waste Advisory Board Work Group, but it was his understanding that the other towns did not have an elected official serving on that. Mayor Stevens noted they needed to appoint someone to the Library Services Task Force. Commissioner Gering said that Task Force had been resurrected and he had been attending those meetings. Commissioner Hallman stated there was the HOME Committee, but there was also the Partnership to End Homelessness Executive Committee that would run through June. He said there was also the Orange County Land Trust Advisory Committee that was charged with looking into the long-term financial stability of the Land Trust, which should also run for another six months. Commissioner Hallman said all of those were tied together. Ms. Hauth noted the Partnership to End Homelessness Executive Committee was a longer commitment than six months, noting it was an ongoing committee. Commissioner Lloyd said since the Fairview Committee was now called the Fairview Initiative, she would like for that to be a standing committee and she would like to serve on it. She said it was an extremely important committee, noting Commissioner Lowen currently served on it. Commissioner Lloyd stated she was also serving on the special Fire Department committee, and did not want those two meetings to conflict. 7:43:47 PM Commissioner Dancy .said that the Orange County Visitors Bureau now met monthly, rather than bi-monthly. Mayor Stevens said they needed to fill vacancies on the Business Liaison Committee, the Parks and Recreation Committee, and the Orange County Land Trust Affordable Housing Board. Commissioner Hallman volunteered to serve on the Affordable Housing Board, the Partnership to End Homelessness Executive Committee, and the HOME Committee. Commissioner Lowen offered to take the Parks and Recreation Committee. Commissioner Hallman asked what the commitment requirement was for the Business Liaison Committee. Commissioner Gering responded it had been on the 3rd Monday at 8:30 a.m. at the monthly Chamber meeting, and usually lasted about 1 hour. Mayor Stevens suggested having Commissioner Lowen take that meeting, and giving the Parks and Recreation Committee to Commissioner Gering, as well as the Orange County Intergovernmental Parks Work Group. Commissioner Lloyd stated if any other County committees came up that met at night she would be interested in serving. December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 5 of 36 Ms. Hauth asked that an alternate be named to the Upper Neuse River Basin Association, noting it was a daytime meeting. She said the Mayor currently served on that committee but at times had difficulty attending. Commissioner Gering said if it was only occasionally, he would serve as the alternate. Commissioner Hallman noted he would be willing to serve as another alternate. Commissioner Lowen offered, as well. Commissioner Gering stated he would continue to serve on the Library Services Task Force. Mayor Stevens said that Town Board members had been rotating on the Water Sewer Advisory Board and that seemed to work well, so they would continue that process. C. Consider appointments to fill vacancies on the Historic District Commission 7:50:35 PM Mayor Stevens indicated this item had been tabled until another meeting. D. Consider appointments to fill vacancies on the Planning Board 7: 50:57 PM Upon a motion made by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to appoint Elizabeth Woodman to a full term on the Planning Board by a vote of 4-0, with Commissioner Hallman recusing himself from the vote. The motion was declared passed. 7:51:34 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to appoint Dan Barker to a full term on the Planning Board by a vote of 5-0. The motion was declared passed. 6. COMMITTEE REPORTS (Critical) 7:51:55 PM Commissioner Gering stated the Tourism Board had scheduled February 4 to be a summit meeting for various stakeholders in Town to gather and discuss key topics, including wayfinding signage, ambassadorships, and website design coordination. He said the summit would be at 7 p.m. at the Big Barn. 7:52:46 PM Commissioner Hallman asked for the Board's permission to pursue asking the DOT for help in looking at all downtown traffic patterns, given the County buildings that had gone on-line including the parking deck, and the change in traffic patterns. He said there may be a need for left turn signals on East Margaret Lane coming onto Churton Street, and other things that could be done to improve traffic flow. He said there would be a County meeting on Wednesday with DOT, and he wanted to explore that at that time. 7:53:44 PM Commissioner Gering said they would soon have a joint meeting with the County Commissioners, and that was a topic that might be ripe for discussion and initiating of a short- term work item. December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 6 of 36 7:54:04 PM Commissioner Hallman said his intent was to raise this issue with the DOT and see what their capacity would be to help the Town out. He said the Wednesday meeting would be an informal way to ask for that help. 7:54:22 PM Commissioner Dancy stated the COG had held two major meetings dealing with the drought. She said she had slides if anyone was interested in seeing them, noting the projections were not looking very good. Commissioner Dancy stated that the Orange County Visitors Bureau had dealt with the signage issues, and had created postcards that represented where you could go and do wayfinding for different things around the County. She encouraged the Board to visit the website, noting there were exciting things going on. 7. REPORT FROM THE TOWN MANAGER 7:56:43 PM Town Manager Eric Peterson said the next Hillsborough University course would begin on January 30, which would be a Personnel Supervision Leadership course. He said that Bob Hornik had taught several courses, and Mayor Stevens was volunteering his experience and leadership to do a couple of courses as well. Mr. Peterson stated the Finance Director had left copies of the audit which would be presented to the Board in January, and because many of the rules had changed this year Mr. Siler would provide the Board with a primer on that. Mr. Peterson said he, the Mayor and the Assistant Manager were hoping to meet with Donna Warner to work on the retreat, but her father was very ill. He said they hoped to have a draft of the agenda ready for the January meeting. 7:57:58 PM Assistant Town Manager Nicole Ard said on Saturday some may have seen Chapel Hill trucks on Town streets, noting they were assisting with leaf pickup since the Town was experiencing some mechanical problems with its leaf vacuum truck. She said Hillsborough's new leaf vacuum truck should be arriving by the end of the month. Ms. Ard stated that 16 truck- loads of leaves were picked up by Chapel Hill crews, and hoped they would be able to provided additional service this coming Saturday. She said they had asked the public to rake up as many leaves as possible and place them at the curb for pick-up, noting the Chapel Hill crews were coming in on the weekends to help them out and they really appreciated that. Mayor Stevens commented on the good cooperation they had between towns. 8. DEPARTMENTAL REPORTS 7:59:13 PM No Reports were offered. December 10, 2007 Regulaz Meeting Approved: January 14, 2008 Page 7 of 36 9. ITEMS FOR DECISION -CONSENT AGENDA A. Consider Approval of the Minutes of the October 8, 2007 Regular Board Meeting, the October 8, 2007 Closed Session, the October 18, 2007 Public Hearing, the October 22, 2007 Monthly Workshop, and the November 8, 2007 Land Use Plan Hearing B. Consider acceptance of sewer utilities for Millstone Drive Sewer Extension Project and start of 1 year warranty C. Adoption of Sec6tion 160A-383 consistency statement for Ordinance deleting Section 2.15 of the Zoning Ordinance D. Consideration of an Ordinance deleting Section 2.15 of the Zoning Ordinance, Planned Unit Development District E. Adoption of Section 160A-383 consistency statement for Ordinance deleting Section 2.18 and 5.28 of the Zoning Ordinance F. Consideration of an Ordinance deleting Section 2.18 and 5.28 of the Zoning Ordinance, Entranceway Overlay District and Standards G. Adoption of Section 160A-383 consistency statement for Ordinance amending 3.4.1 of the Zoning Ordinance H. Consideration of an Ordinance amending Section 3.4.1 of the Zoning Ordinance, to delete Barbershop and Beauty Parlors as specifically listed uses I. Authorize the submittal of a joint PARTF grant application with Orange County for funding to construct Fairview Park J. Consider approval of amendment to the 2008 Town Board Meeting Schedule to include Budget Workshop dates K. Consideration of amendment to Chapter 14, Section 8 Deposits, of the Town Code (This Item removed from Agenda earlier in the meeting) 7:59:30 PM Upon a motion made by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to approve the Consent Agenda as presented with Item K removed by a vote of 5-0. The motion was declared passed. 10. ITEMS FOR DECISION -REGULAR AGENDA A. Douglas Dwyer would like to address the Board regarding designating a loading area in front of 133 East King Street 7:59:52 PM Mayor Stevens determined that Mr. Dwyer was not present. Ms. Hauth stated it was possible he would arrive later in the meeting. Commissioner Lowen stated this was the second time they had placed this on the agenda and they had adjusted it each time. B. Jim Yamin of The Banks Law Firm would like to address the Board regarding the development of a 90-unit affordable apartment development for seniors 55-and- older on a roughly 11-acre subdivided tract of land at the intersection of Highway 86 and Business 70 in Hillsborough 8:00:35 PM Jim Yamin provided the Board with packets of information. He said he was a development consultant with The Banks Law Firm, and that the Firm had a specialty area in the December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 8 of 36 field of affordable housing and community economic development law. Mr. Yamin said their particular proposal was fora 90-unit affordable elderly housing complex on the Owls Wood parcel at the intersection of Business 70 and NC 86. He said they would like to build a 2 to 3 story single-unit congregate elderly complex with one and two bedroom apartment units. Mr. Yamin said because the site was sloped, they may end up with one side of the buildings at 3 stories and the other sides at 2 stories. He said they would be structuring a 3-tiered rent schedule targeting households earning up to 30%, 50%, and 60% of the County median income. Mr. Yamin stated there was a rent schedule enclosed in the packet of materials that broke down the details of how those rents would work. He said he believed they would be able to serve a broad cross-section of households in the community. Mr. Yamin said they would specifically be using a designation of elderly that involved targeting households that were SS years of age and older. He said 80% of the units would need to be occupied by households where at least one member was at least 55 years of age or older. Mr. Yamin said they would be contracting with the Department on Aging to provide an appropriate series of supportive services for the elderly population, and they would also be contracting with the Orange Person Chatham League Management entity to provide services for 9 additional units that would be restricted to persons with disabilities. He said of the 90 units, 75 would be restricted to those 55 years of age or older, 9 would be restricted to persons with disabilities, and the remaining 9 would be available to the non-elderly, non-disabled population or for additional elderly households. Mr. Yamin said the primary financing vehicle for the project would be federal housing tax credits as well as State housing tax credits. He said they would also be seeking a loan from Orange County, from a conventional lender consortium, from the N.C. Housing Finance Agency, and from the Town of Hillsborough which would be a loan capitalized via a grant through the N.C. Division of Community Assistance. Mr. Yamin said the arrangement would entail the Town maintaining 10% of that grant for offsetting the cost of the administrative responsibilities connected to the compliance monitoring of the grant. He said the Town would then originate a subsidized loan to the project, which they proposed to be on a 20-year term. 8:06:52 PM Mr. Yamin said they would of course be competing for 2008 tax credits allocated by the N.C. Housing Finance Agency, with allocation decisions being made in the middle of the summer. He said if the Town decided to allow them to move forward with the approval process of rezoning and the annexation they would be requesting, and if they got the allocation of tax credits, they hoped to start construction within about 14 months from this point in time. Mr. Yamin outlined his experience and that of The Banks Law Firm regarding affordable housing and the tax credit program. He said they were getting ready to begin construction on a 40-unit family project in Goldsboro. 8:10:54 PM Commissioner Hallman asked had Mr. Yamin worked on the Hope Six project in Durham. Mr. Yamin stated he had not. December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 9 of 36 8:12:11 PM Commissioner Gering remarked that this was an intriguing proposition for senior needs. He said one of his concerns was what mechanisms would they have that would prevent a scenario such as the Town annexing and rezoning the property but then have the financing sources dry up, leaving he Town with property that could not fulfill the use they had designed for it. Mr. Yamin said perhaps there was some way in considering a zoning and annexation application to include a text amendment that would more particularly define the use for which the proposed zoning change would be enacted. 8:13:34 PM Commissioner Gering said he did not need a specific answer tonight, but believed this Board had gained some experience with past projects that had become something else or not developed at all. He said if they decided to proceed he would like to see those issues addressed. 8:14:02 PM Mayor Stevens asked how the project would be financially sustained, say, 20 years from now. Mr. Yamin said that rental revenues should fully support the operations of the project. He said typical underwriting actually provided for 93% occupancy for the project to produce the cash flow of 115% of total operating expenses and debt service. Mr. Yamin said a similar project in Carrboro with 120 units remained at full occupancy and had a waiting list. He said he was confident that they would have a strong demand for these units and maintain close to or full occupancy. 8:16:06 PM Commissioner Lloyd asked if the project was built, would it face to the east, and how much property would it entail. Mr. Yamin stated it was a 23 acre +/- parcel, and they would be subdividing it roughly in half. He said there was a creek that bisected the property, and they would be building on the side immediately adjacent to the Meadowlands complex closest to the Duke Hospice. Mr. Yamin said they would plan to have a primary ingress and egress to Business 70 and hopefully an alternate connection through the Hospice property to the Meadowlands complex. 8:17:32 PM Commissioner Lloyd asked was this a complex that he would say they did not intend for people to be working, but for people who were retired. Mr. Yamin said these would be independent-living individuals, so certainly some households would be working and some retired. Commissioner Lloyd asked would they be offering any services such as cleaning houses or taking people shopping, and would there be any extra cost for that. She suggested that Mr. Yamin take a look at Coachwood, noting it was somewhat subsidized but was an attractive development. Mr. Yamin said their developments were at least as attractive if not more so than a lot of conventional market-rate rental developments. He said their operating budget had funds set aside to pay for a supportive services coordinator and to determine exactly what particular menu of services would be most appropriate to this population and also giving the different kinds of service providers that were in the community that would be available to serve this population. Mr. Yamin noted that 12-month leases would be required, and any extra services would not carry an additional cost for the tenant. December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 10 of 36 8:21:17 PM Commissioner Lowen stated the Board was familiar with the tax credit process, and said there were many residents in and around Hillsborough that would benefit from it. He asked would such things as apartments with washer/dryer hookups be offered. Mr. Yamin stated that every unit would have washer/dryer hookups, and there would also be washers and dryers available in a common area for households that did have their own appliances. Commissioner Lowen said such amenities were important to senior citizens. 8:22:38 PM Mayor Stevens asked how did Elizabeth Brady Road play into this, and what considerations did they need to pay attention to. Ms. Hauth said if you looked at the map provided, the alignment of Elizabeth Brady Road and how far east it would go had not yet been fully evaluated by DOT. She said on the old Owl's Wood plan a corridor was left for it to come on a more easterly route, and then the hashed area was where this project was proposed. Ms. Hauth said the potential for impact was very limited for this portion of the Owl's Wood project as opposed to working on that sharp point the Board had concerns about in the past. 8:24:1 S PM Ms. Hauth remarked they were only looking at the hashed area for annexation, and not at the lot layout or road layout or anything on the western portion of the property. She said that portion of the property would remain as Limited Office zoning, noting they had tried for Entranceway Special Use but the Master Plan was turned down. 8:25:11 PM Mayor Stevens said clearly the Town had an interest in providing affordable housing and an interest in seniors. He said it sounded as if this project had complicated financing that could impact the Town's budget, so certainly there needed to be further discussion. 8:2S:S2 PM Commissioner Gering stated it was this Board's decision to ask the staff to determine what was needed. He said he would like this project to proceed to the next step to seek annexation and rezoning, and to seek a financial analysis. 8:26:14 PM Mr. Peterson stated this was relatively small and was something they could be turn around fairly quickly. 8:26:20 PM Ms. Hauth said the last time Owl's Wood came forward it had a residential component, so they could re-do that analysis, take out the commercial part, modify the residential part, study more in detail what would be involved from the Town's side to participate in the tax credit program, and bring all that back to the Board. She said regarding the text amendment Mr. Yamin had mentioned, multi-family would be the most reasonable district to request since it was a general purpose district and not a special use district. Ms. Hauth said if the Board wanted to quickly create amulti-family special use district so that the Board could see an SUP that would more specifically tie down what the exact proposal was while they were looking at it, then they could do that while researching the financing. She said she would not propos something elaborate, but it would be something to allow the option or the potential for an applicant to choose the SUP option or the regular permitting option to pursue their project. December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 11 of 36 8:27:33 PM Mr. Yamin stated that one consideration was timing. He said the NC Housing Finance Agency had atwo-stage application process, and for this project to be considered for 2008 tax credits any rezoning or annexation would need to be finalized by May or June at the latest. 8:28:08 PM Mayor Stevens said there were some other issues on the agenda related to this as well, specifically the Land Use Plan and the proposed short-term moratorium. Ms. Hauth said that was really for site plan review processing, and if the Board created a special use process for this it would bypass the potential moratorium. Referring to the Land Use Plan, Ms. Hauth said you would want this to be mixed-use residential and not the mixed-use employment designation. She said if she had direction tonight to proceed with a text amendment for January to create a special use district, if that was the route the Board wanted to go, that would take this project out of the potential moratorium concept. She said the Board could always change its mind later one, but could start the process now or wait until further research was done. Ms. Hauth said the faster path would be to assume a yes and go from that, and then the Board could always change its mind. 8:30:28 PM Town Attorney Bob Hornik said what Ms. Hauth was talking about was creating the district designation, not rezoning this property to that district at this time. He said rather, you would be building the framework upon which that could be done. 8:30:46 PM Ms. Hauth said in order to do all of this on a timeframe for May, it would likely involve the Board calling at least one special hearing. 8:30:54 PM Commissioner Hallman stated they also had an annexation request on it. Ms. Hauth said that was correct. She said she envisioned that if the Board wanted to pursue the special use zoning, that could possibly go on a public hearing in January and come up for approval by March. Ms. Hauth said then you could either call a special hearing for March or put it on the regular hearing for April and let this application for zoning, annexation, and the development plan all come through at that point. She said that would really be pushing the June deadline, but it was possible if no significant questions arose that could not be resolved quickly. 8:32:07 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to direct staff to pursue options including text amendments for special use permitting for this property on roughly the schedule proposed by the Planning Director, as well as bringing a fiscal analysis to the Board in January by a vote of 5-0. The motion was declared passed. C. Consideration of an Ordinance amending the Zoning Map to designate .51 acres on W. King Street as Central Commercial rather than Residential 20 (Colonial Inn, TMBL 4.36.A,4a) 8:32:58 PM Ms. Hauth outlined the materials provided in the packet which included written comments submitted by neighbors related to this application. She said the Planning Board recommended unanimous denial of this rezoning request at its November meeting. For December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 12 of 36 clarification Ms. Hauth noted that the Section 160A-383 statement was written to state that the application was inconsistent with the Comprehensive Plan. Ms. Hauth said if the Board wanted to carry forward the recommendations of the Planning Board, it would be a motion to approve the Section 160A-383 statement as written. She said if that was approved and the Board moved forward to the ordinance, the Board would need to deny it. 8:34:52 PM Commissioner Hallman asked Ms. Hauth to explain the Protest Petition for the benefit of the public. Ms. Hauth said that State law allowed for the submittal of a Protest Petition by neighboring property owners, and if found to be valid it would require the Board to approve the application by a super majority vote, which would be four positive votes or unanimous. She said for a Protest Petition to be valid, a 100-foot buffer was drawn around the property requesting rezoning and then they calculated the area within that buffer that was represented by signatures on the petition. Ms. Hauth said as soon as you reached 5°Io of that buffer area, you had a valid petition. She said two property owners who owned almost two whole sides of the buffer had signed the petition, so it was clear it met the requirement to be valid. Ms. Hauth said the Ostrand's represented the property on the survey map shown as "Anne Crawford," and that Tommy Roberts had signed as well. 8:36:27 PM Francis Henry, stating he suffered from a hearing deficiency, asked for clarification of Ms. Hauth's statements regarding the Planning Board. Ms. Hauth said she was referring to the Planning Board's recommendation in opposition to the application, and had described the mechanism of the Protest Petition. She said she had also laid out the documents the Town Board was obligated to act on in their agenda packet. Mr. Henry asked if he could ask questions of the Board as the discussion progressed 8:39:41 PM Mayor Stevens said if some clarification was needed they could respond to that. Mr. Henry asked what did the Board want to have the Inn become, whether it be as it used to be or some other idea of what it should be. He said in the past it had been said it was a centerpiece of the Town, and he agreed with that. Mayor Stevens said it was a centerpiece for the Town in many ways, and many people hold the place dear. He said at minimum they certainly wanted to see it preserved and put to a use that would be appropriate. Mayor Stevens said people wanted the Inn preserved as part of the Town's heritage and then used for something the whole Town could take pride in. He said as was said in the public hearing, that was why the zoning was the way it was. Mr. Henry asked was there anyone on the Board who didn't want to see it, for tax purposes, an income producing property. He asked was anyone against that. 8:41:29 PM Commissioner Hallman said he did not believe so, and Commissioner Dancy agreed. Mr. Henry said there was the cost to fix it up to be considered, and that bottom line was significant. He asked the Board what they would like him to do, for instance, explain why he was asking for the change in zoning. December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 13 of 36 Commissioner Hallman stated that had already been provided at the public hearing. Mr. Henry said he only wanted to take this opportunity to perhaps answer any questions from the Board and to let the Board know where he was heading with all of this. 8:42:19 PM Commissioner Dancy suggested that Mr. Henry attend one of the Board's workshops and provide the Board with a plan of what he had in mind so that they could get a better understanding of what he perceived the Inn would be. She said then the Board could offer some kind of dialogue to let him know what their thoughts. 8:42:52 PM Mr. Hornik said the legal quandary they had was that Mr. Henry could tell them anything tonight which may or may not be true. But, he said, with the request for a general use rezoning from one general district to another, the Board had to consider whether the zoning district being requested and all the uses that could possibly be allowed under that new district was suitable for this property. Mr. Hornik said that, in some respects, tied the Board's hands in what it could rely on in the context of the application. 8:43:50 PM Mayor Stevens said that had nothing to do with Mr. Henry. Mr. Henry said he understood that, but believed in a 5 to 10 minute time period they could have a short discussion and hear what he would like to do with the property, since no one had every asked him. 8:44:09 PM Mayor Stevens said at this point the Board needed to move forward with a decision. Mr. Henry stated he had hoped his feedback would help them make that decision. Mayor Stevens said what he was hearing from the Attorney was that whatever he told them would not matter. He said the Board had to consider if Mr. Henry perished tomorrow and his heirs inherited the property, what someone else could do with the property under the zoning. Mayor Stevens said the Board was obligated by its agenda to do this issue, adding he was really interested in what Mr. Henry's plans might be for the property. He said he did not mind taking a few minutes tonight, but would invite Mr. Henry to come back and have a dialogue about his plans, and would also be willing to bring other people in to provide ideas. But, he said, they were limited in what they could do this evening. 8:45:34 PM Commissioner Hallman said to get where Mr. Henry wanted to go, he suggested he attend the Board's workshop to have that dialogue, which was a more informal setting. Mr. Henry said that would be fine with him, but believed if the Board tabled it rather than voting on this negatively or positively tonight then they could have that discussion. 8:46:04 PM Commissioner Lowen said if the Board really wanted to hear what Mr. Henry had to say but did not want to take the time now, did the Board have to vote on it tonight. He said if everyone wanted to know what Mr. Henry had in mind for the property, he believed they would have a packed house. Commissioner Lowen suggested allowing Mr. Henry a few minutes to speak, then tabling the issue and schedule the discussion for another meeting. Mr. Henry said the request for a change in zoning may have been misinterpreted, in that this came about from a simple conversation with Planning staff. He said he had talked with staff December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 14 of 3f) about his dislike of cars in his yard, noting the side of the Inn was basically a parking lot and Tommy Roberts had parked there at some time. Mr. Henry said at the same time staff had said that ideally in the historic district they would like to see something there rather than a vacant space or cars. He said the staff person had researched it and had come back to him with the suggestion that he request a rezoning to Central Commercial, noting it would solve the problem. Mr. Henry said it would allow for residential upstairs, noting that was where he would like to live, and downstairs could be a commercial use. He said he had agreed that would be ideal, and had proceeded with the rezoning request. Mr. Henry said economically he would also gain a lot, and secondarily it would allow him to hold events, such as wedding receptions and things of that nature. He said if he could build an additional building on the property he could provide for meetings, art displays, and other events. Mr. Henry said that was how this rezoning request had come about, and that was what he was trying to work with and not to get other types of uses on the property. 8:49:18 PM Mayor Stevens stated the Board had an interest in protecting that, as Mr. Henry did, and believed there may be other zoning ways to serve both interests and likely meet those goals. Ms. Hauth said it may mean writing something new, but it was something that could be easily done. Mayor Stevens stated that appeared to be the way to go, and agreed with Commissioner Lowen's suggestion to table this now and come back to the table to figure out a strategy to meet Mr. Henry's interest in a way that protected the Town's interests and preserving the Inn for the people who came after him. Mr. Henry said he believed that was what they were all looking for, and believed the stumbling block was that it was a residential lot that could not be subdivided, hence the idea for rezoning. Mayor Stevens said everyone wanted to see it work. Mr. Henry agreed. 8:50:46 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to table this item for further discussion at the January 28th workshop by a vote of 5-0. The motion was declared passed. D. Consideration of a Resolution adopting the Future Land Use Plan and Map 8:52:09 PM Ms. Hauth stated that Robert Waldon, the Town's consultant with Clarion, was available for questions. She said the resolution provided was open to further discussion and modification if necessary. Ms. Hauth said the packet included the November Planning Board minutes where some modifications were discussed, drawn heavily from the comments received at the public hearing. She said on the list of classifications the first district was new, Natural Resource, but did not show up on the map because it was essentially the floodplain for the Eno River and Cates Creek and some other streams. Ms. Hauth said the map showed all the changes discussed with the exclusion of the Natural Resource area, and the Planning Board did unanimously recommend adoption. December ]0, 2007 Regular Meeting Approved: January 14, 2008 Page 15 of 36 8:54:01 PM Commissioner Hallman asked about the Ben Lloyd property. Ms. Hauth stated the Planning Board was recommending that it should be designated as medium-density residential, and had gone a little further to take the entire portion on the map that was low density and make it medium density, so it picked up more parcels that just Mr. Lloyd's property. 8:54:27 PM Commissioner Gering asked why that had made sense to the Planning Board; what was their reasoning. Ms. Hauth replied that the Planning Board had agreed with Mr. Lloyd's concept for development of the property, not inconsistent with the previous development plan that was submitted, and thought that it was close to the Town limits and it was not an unreasonable place to have something at a slightly higher density. 8:54:54 PM Commissioner Gering said his problem was that Mr. Lloyd had made a proposition at the public hearing based on his desire to create senior housing, and that was laudable but did not think that was sufficient for rezoning or upgrading the density by itself. 8:55:19 PM Mayor Stevens said that was the exact issue they had discussed a few minutes ago, in that the Board had to look at all the potential uses. Commissioner Gering said that was exactly his concern. Ms. Hauth said that was one of the issues she would like to have the Board discuss tonight; that is, setting up the process on how the Land Use Plan could be amended once it was adopted, because the ordinance did not speak to that language and there were a couple of different ways to go about doing that. She said the Board could leave this area at the low density designation and wait for an application to come in that was maybe inconsistent with the Land Use Plan, and then if they would like to see that project on that property the Board could then entertain a change to the Land Use Plan to accommodate that specific project. Ms. Hauth said making the change now to the Land Use Plan made any request for higher density consistent with the Land Use Plan. 8:56:27 PM Mayor Stevens said he would be much more comfortable with that 8:56:29 PM Commissioner Hallman said if you looked at the position of that property, and without taking Mr. Lloyd's comments into consideration, the property was in Town, it was an area they could provide services to at a relatively low cost, it was near transportation corridors, and, you want that at a higher density. He said regardless of what Mr. Lloyd was proposing, it made sense to him having been on the Strategic Growth Committee that it was more than likely a medium density site than it was a low density site. 8:57:18 PM Commissioner Gering said on the other hand, he thought it was a very natural fit for the preservation space next to it, as a low density. He said if there was a compelling enough project, perhaps even Mr. Lloyd's project, then they could give up having low density next to that natural open preserved space. Commissioner Gering said that could be entertained when an application came in, but to just throw it open to future development of any kind of project would remove that benefit. December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 16 of 36 8:58:11 PM Commissioner Hallman said it had to be annexed into the Town anyway, and asked if Mr. Lloyd had a zoning designation at this time. Ms. Hauth said it was AR now. Commissioner Gering said then it would be an improvement over what it was now, as far as potential use. Commissioner Hallman said they had ultimate control over what it ended up as, despite what it was called on the Land Use Plan map. 8:58:38 PM Mayor Stevens asked were there any legal considerations. Mr. Hornik said one of the ways to approach the problem, as Ms. Hauth had said earlier, was that if someone came in with a proposal that was attractive to the Board but was inconsistent with the Land Use Plan, then part of the process would be to amend the Land Use Plan then consider the project, which could happen simultaneously, then consider changing the zoning classification. Mayor Stevens said perhaps that might impact other conversations they had been having regarding rail and other mixed-use developments they would potentially see that might fit nicely with the Strategic Growth Plan that was creative but did not fit into the Land Use Plan. He said they did not have language at this point to say how to go about making that possible. Ms. Hauth agreed, noting that was an important part of adopting a Land Use Plan; that is directing staff on how to write the right section of the Zoning Ordinance to talk about how this Plan was to get amended. She said many jurisdictions require an applicant to go through an independent step to have a public hearing and request a change to the Land Use Plan, and once you were successful there you came back to a second process for rezoning to make it consistent with the newly amended Land Use Plan. Ms. Hauth said there was also the option of rolling the two processes parallel much like they did with annexation and zoning and development plans, to have the Land Use Plan amendment run concurrent with the rezoning request, or concurrent with the annexation and the zoning and the development plan request. She said the issues in many cases were the same and would elicit the same comments, and it may be more efficient to consider them all at one time. 9:01:30 PM Commissioner Gering said that sounded like a practical way to approach it, to deal with them all at the same time. With regards to Mr. Lloyd's property, it occurred to him they had done a traffic study when Orange Grove Road was studied, and he did not believe it considered that kind of density. He said he recalled it was projecting severe traffic problems on Orange Grove Road even with the land use assumptions made five years ago. Commissioner Gering said if a project came before the Board for increased density all of that had to be packaged together for consideration and dealt with at the same time. But, he said, with all the assumptions made so far, the appropriate density was low density or as open preserve. 9:02:26 PM Mr. Hornik said they had emphasized before in the Land Use Plan development process was that it was not the end of the conversation, and the public needed to understand that when you adopted the Land Use Plan you were not saying that it was the only possible use December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 17 of 36 forever on a particular piece of property. He said what the Plan was saying was that it was their vision for right now, but if someone came in with a proposal that was not entirely consistent with today's vision but which may be consistent with the vision several years from now, then the Land Use Plan could be amended to make it consistent with the proposal and the property rezoned. Mr. Hornik said this was just another tool in the planning process. Mr. Hornik said regarding the Lloyd property, whether his suggestion was adopted into the Land Use Plan or not, it could still be amended later on. He said the Board had that flexibility. 9:04:00 PM Commissioner Hallman said having gone through this process and gathered all this input, he did not want to make it a document that could have its lines redrawn anytime they wanted. He said he wanted there to be some kind of process, or "extra hoop you had to jump through," in order to make a change. 9:04:29 PM Commissioner Gering said that was a good point, and for that property there should be an extra hurdle that you had to overcome if you wanted to build a higher density development. He said a future Board would have to consider what increased density would mean there. 9:04:55 PM Commissioner Hallman said his interest was in making the Land Use Plan a more substantial document. Ms. Hauth said in crafting the process, while it may run parallel with the rezoning process, they could ask for certain pieces of information about how the increased density would affect the surrounding area, how it would affect water and traffic, and other pieces of information that would make it a well thought out proposal. 9:05:58 PM Mayor Stevens said they could require some form of evidence or logic or consistency with the Town's larger goals. He said he believed Mr. Lloyd had made a good case as to why the density might be higher on that property, but what he was worried about was getting locked into a blanket rezoning that might be harder to reverse. 9:06:44 PM Commissioner Hallman said he would like to hear Mr. Waldon's comments since he had more experience with it. 9:06:49 PM Commissioner Lloyd said when they had the Orange Grove Task Force they had thought of having Mayo Street going straight and hook into Eno Mountain Road to help with the traffic. She said they would involve going through someone's house, which would cause all sorts of problems. Mayor Stevens stated that had come up at some of their transportation meetings. Commissioner Lloyd said it had come up when the high school was being built. Roger Waldon stated all of the points made regarding the land use designations were good ones. He said he agreed with the idea that whatever the Board approved tonight did not approve a development, but it did clearly set a direction for the vision the Board expected to see happen in that area. Mr. Waldon said the Planning Board had gone back and forth on this particular December 10, 2007 Regulaz Meeting Approved: January 14, 2008 Page 18 of 36 property, and it could work either way as low density or medium density residential. He said they had recommended medium density residential primarily because of what was surrounding it, noting it was across the road from medium density residential, a part of the property backed up to an industrial use, and that it was located in the part of Town that the Strategic Growth Plan indicated was where residential development should be occurring. Mr. Waldon said that was the compelling argument for them in what they recommended, but either designation would work fine. He said if you called it medium density it did not approve or pre-approve anything; if you called it low density it did not mean that you could not change it to medium density later on. Mr. Waldon said in terms of consistency with the Town's vision, it appeared that a medium density pattern in this location made sense for Hillsborough, but it could go either way. 9:10:16 PM Commissioner Hallman asked Mr. Waldon to speak to the process that might be used as far as establishing this Plan as something that future Boards could not change easily. He asked if Mr. Waldon had any recommendations as to how that could be achieved. Mr. Waldon said the document did have weight and did have standing. He said the NC statutes recognized the validity of a Comprehensive Plan and a Land Use Plan as documents that development plans had to show consistency with. Mr. Waldon said the purpose of the Plan was to have a common vision and expectation of what was to happen and why, so it acted as a blue print or a road map. He said he would advise any local government not to frequently change a Plan, but it could be changed if circumstances warranted, such as changed conditions or an error was made. 9:11:58 PM Commissioner Gering wondered to what extent the courts recognized this document if someone wanted to challenge it, for instance, if later on the Board wanted decreased density in some area. He asked if that might be interpreted as adown-zoning that would have some economic impact that someone could complain to the courts about. Mr. Waldon said his answer would be no. Mr. Hornik agreed. 9:12:38 PM Commissioner Hallman asked did that mean that they could use the 160A-383 statement for that. Mr. Hornik said that was exactly the type of thing you were looking for in your 160A-383 statement. He said it was not the only document they could look at but it was certainly what the Legislature had in mind when it required the 160A-383 statement. Mr. Hornik said the rule had always been that the zoning was supposed to be consistent with the Comprehensive Land Use Plan. Now, he said, what they were going to have was a formal Comprehensive Land Use Plan to refer to. 9:13:29 PM Mayor Stevens stated they had talked about two processes, and believed just by a nodding of heads that the Board was thinking more about the parallel process. Ms. Hauth said she believed so, but with application requirements that did not make it too easy; that is, make it appropriately weighty. December 10, 2007 Regulaz Meeting Approved: January 14, 2008 Page 19 of 36 9:13:54 PM Mayor Stevens said they wanted to make it weighty but at the same time they did not want to place yet one more barrier in front of developers who did good things for the Town. He said they wanted developers to want to come here and certainly did not want to place any more time barriers on the process. Mr. Hornik said the real issue right now was what to do with the Lloyd property. 9:14:58 PM Commissioner Gering said it should stay low-density residential. Mr. Hornik asked if everyone knew exactly what area was being discussed. Ms. Hauth said it would be on the northwest side of Orange Grove Road and on both sides of Eno Mountain Road, noting it was the areas that were orange. She said the area where Heritage and Cedar Creek were would remain orange because that was what they were previously, but the areas that wrapped around Carillon on that northwest side of Orange Grove Road and reached up to where the "o" on Eno Mountain Road was would become yellow. Ms. Hauth said they would be reverting back to the map they had at the public hearing regarding that area. 9:15:52 PM Commissioner Hallman asked should they bring back a corrected map in January. Mr. Hornik said it everyone was clear about the area they were talking about then there no need to bring it back. 9:16:22 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to adopt the draft resolution with the map amended for the property located northwest of Orange Grove Road to be low density residential as was presented at the public hearing; to adopt the description of uses and all other recommendations made by the Planning Board which were all reflected on the map; and, to strike the last "Whereas" by a vote of 5-0. The motion was declared passed. 9:18:02 PM Ms. Hauth noted she assumed she had direction to work on some language regarding process and to bring it back for the next public hearing. Mayor Stevens agreed. E. Consideration of an Ordinance amending Section 4.14.1.b of the Zoning Ordinance, the outside play area requirement for daycare centers 9:18:30 PM Ms. Hauth this text amendment referred to the section of the ordinance where it required 200 square feet of outdoor play area per student in a day care center. She said they had a request from a citizen to reduce it to the State requirement, which varied from 75 square feet to 100 square feet depending on the certification level being sought. Ms. Hauth said the Planning Board had considered the requirements of nearby jurisdictions and recommend adopting the language as it was placed at public hearing to simply refer to the State requirement, as it may change from time to time and not specify a number. She said that language was what the 160A- 383 statement contained. 9:19:39 PM Commissioner Hallman recognized that they did not always go by the State standards but exceeded the State standards in some instances. He said he wanted to be comfortable with the fact that they would be reducing the play area for children to a State December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 20 of 36 standard which may be the lowest common denominator. Commissioner Hallman said he did not have a lot of knowledge about that the impact might be. Ms. Hauth said that in looking at some of the licensing requirements, it required 75 square feet if you had a certain number of students, but if you intended to have a higher number you had to have 100 square feet per student but you could assume that half of your students were indoors and the other half outdoors. So in actuality, she said, it was 100 square feet for half of your students. She asked which was better, 75 square feet for all your students, or 100 square feet for half your students. Ms. Hauth said she was sure that standard may change from time to time as centers pursued higher star levels of certification. Ms. Hauth said it may be they were using the lowest common denominator, but aligning it with the State could help facilitate the actual provision of day care centers. She said when looking at neighboring jurisdictions they were all over the board, with some not having any requirements, so there was no common denominator across the Town and its neighbors in terms of what the standards should be. 9:21:45 PM Mayor Stevens stated there was a huge initiative across the State to keep minimum standards at a higher level. He said his preference would be to place it at some higher level, but that may in fact be making it more difficult for them than just going with the State standards. 9:22:22 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve the consistency statement by a vote of 5-0. The motion was declared passed. 9:23:17 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve the ordinance as presented by a vote of 5-0. The motion was declared passed. F. Consideration of a Resolution adopting the revised Master Parks and Recreation Plan 9:23:45 PM Ms. Hauth stated the Board had reviewed the Plan a number of times, and the Planning Board was unanimously recommending adoption of this new plan. 9:24:10 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the Board moved to approve the resolution adopting the revised Master Parks and Recreation Plan as presented by a vote of 5-0. The motion was declared passed. Mayor Stevens stated the Parks and Recreation Committee had put a lot of time and effort into the revised Plan, and thanked them for their work. G. Discussion of whether to schedule a short term moratorium (from January to March) on site plan applications during the review of amendments modifying the review process December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 21 of 36 9:24:44 PM Ms. Hauth stated that the Planning Board and staff were working towazds a significant change to the site plan review process that allowed small and somewhat routine projects to come before staff or a staff committee depending on their size, and then determine that projects lazger than 10,000 squaze feet that would disturb more than 2 or 5 acres, depending on where the standard was set, would actually become Conditional Use Permits. She said that would allow the Board of Adjustment who would continue to review them to take the adopted plans into consideration when reviewing the development request rather than simply taking into consideration the language in the Zoning Ordinance. Ms. Hauth said for instance, if the Boazd of Adjustment were reviewing a redevelopment plan on US 70 they could take the Cornelius Street Plan into consideration which may be cause for a different road width or a different development standards that had not yet gotten into the ordinance, and apply that to the Conditional Use Permit. Ms. Hauth said while they send that language to public hearing and while it was in that deliberation phase before it was adopted, it may be wise to implement a very short-term moratorium so that they did not see either a rush of applications for lazge scale projects knowing that the process would become more stringent or trying to make that determination of what process the project was under, what ordinance did they apply under, and what was the standard. Ms. Hauth said by calling for ashort-term moratorium which could be done without a joint public hearing with the Planning Boazd, but by a public heazing of this Boazd, they could call for a short period less than 60 days. She said by setting the start time far enough in advance, they should be able to catch those things that would want to apply in February and get them through to the adoption of the new Zoning Ordinance language in March. Ms. Hauth said that should make it cleazer what process everyone was to follow. 9:27:24 PM Mr. Hornik said if the Boazd decided tonight to call a public hearing on a moratorium for the Januazy Boazd meeting, and someone applied tomorrow for a site plan approval, they would still be subject to the moratorium if the Board adopted the moratorium. He said the law stated that if there was an application that was already here before you set the date for the public hearing, that application would not be subject to the moratorium. Mr. Hornik said one you called the heazing for the moratorium, any application that was submitted after you called the public heazing may be subject to the moratorium. Commissioner Gering said wasn't that equivalent to having more than a 60-day period. He said they could call for the public heazing for next July. Mr. Hornik said you could, but you would get into trouble with that. He said the idea was to prevent the rush once there was public knowledge that the Board was considering the process. Mr. Hornik said the law assumed some good faith by everyone in that process. 9:28:53 PM Commissioner Dancy said one issue to be considered in talking about a moratorium was the cost of water and the drought issues. She said with all the building going on in Town, including Waterstone, the issue of water needed to be considered in terms of the Town's growth. Commissioner Dancy said they had some water now, but if they got no significant rain in that moratorium period, what then. December 10, 2007 Regulaz Meeting Approved: January 14, 2008 Page 22 of 36 9:29:56 PM Mayor Stevens said that would argue even more for a moratorium. Commissioner Dancy agreed, noting they needed to look at the growth and the rate of that growth and what the Town would be able to handle, even though they had planned for it. 9:30:31 PM Commissioner Gering stated this moratorium would not deal with issues regarding water. Commissioner Dancy said she understood that, but she was talking about perhaps talking about and considering a moratorium on all growth until the water crisis was past. Commissioner Gering said he believed the idea of a short-term moratorium was a good one. 9:30:47 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to set a public hearing date on a short-term moratorium for the January regular Board meeting by a vote of 5-0. The motion was declared passed. H. Discuss possible provision of residential solid waste collection of unincorporated parts of Locust Street and Tulip Tree 9:31:30 PM Ms. Ard stated that in the packet was afollow-up to a presentation that was made to them by Rev. Lewis, and they had outlined the projected number of potential lots. She said at the present time there were 32 occupied lots with up to 20 additional developable lots. Ms. Ard said the Board would need to make a decision in terms of maintaining the status quo, helping those current residents find a private sector provider, determine if the Town wanted to annex those potential homes and provide those services being requested, as well as providing an alternative in terms of their current service delivery which according to the presentation was that some homes did not have service at all in terms of finding a private sector provider to make curbside pickup of trash. Ms. Ard said one item of concern for staff was in terms of bulk pickup. She said there were litter problems in certain sections of the neighborhood, and that could potentially cause a problem for people who may decide that they would like to use either the public sector or the private sector and finding that their neighbors may dump trash on their property. Ms. Ard said there were a range of options, and it was preliminary in terms of the cost for the Town which could be around $19 per residence. She said they would need some type of fee schedule and implementation plan to determine how to actually charge those residents. Ms. Ard said in terms of some of the private sector responses she had received it could be negotiable based on the number of neighbors served. She said it could be from $16 to $18, but it could be significant for some of the residents because they may have to pay in advance and would possibly have to put deposits down for their curb-side bins. Ms. Ard said they had heard at the public hearing that that may be difficult for some of the residents, especially the seniors and the disabled. She said it would take some kind of commitment from the residents in terms of what their needs were. December 10, 2007 Regulaz Meeting Approved: January 14, 2008 Page 23 of 36 9:34:28 PM Mr. Peterson asked when the private haulers were contacted, did they indicate that they would provide a collection in that area? Ms. Ard said yes, noting there were five firms contacted and three were potentially interested in working with those neighbors. She said those interested had indicated they would be willing to negotiate with the neighbors. Ms. Ard said the situation may be that all 32 homes were interested in service or there might be just a few, and that would determine the cost. 9:35:17 PM Commissioner Hallman if they decided it was in the best interest of the Town to do this, did they have any leeway in subsidizing that. Mr. Hornik said the Town was authorized to offer that kind of service the same way it provided water and sewer, since it was a public enterprise. He said they were allowed to provide that service outside the Town limits and they were allowed to establish rates for that service. Commissioner Hallman said then they could not reduce the rates for hardship cases, noting they could not do that with water and sewer. Mr. Hornik said you would be governed by the same rules because it was the same kind of public enterprise. 9:36:16 PM Ms. Ard said one thing they had discussed was that this would set a precedent in the event that you had requests from other neighborhoods outside the Town limits. She said this was a specific instance where Town crews were driving down these roads to provide services to the other neighbors who were in the Town limits, and you had a very specific neighborhood that was somewhat different than other areas that might request the same service. 9:36:47 PM Mr. Peterson said he had two points he wanted to make. He said the first was that if the Board decided they wanted to provide service in the area they would be happy to do so, but there were a couple of things that would be more problematic. He said the main issue would be the collection, whether it was three people or 30 people who decided to do it, they were not set up to do collections for Finance. Mr. Peterson said it would be in their best interests to have people pay in advance for the service, but inevitably you would have people who would not pay and you would have to remove someone's garbage can they had paid for and that could prove to be time-consuming. He said if the Board decided to do it, his request would be to keep it just in this area and not make multiple other exceptions. Mr. Peterson said he had not considered the private sector being able to do it, but since the staff had been able to identify multiple waste industry companies who could provide the service, then the residents could simply call and contract for the service. He said the advantages of that were that it would be easier on the staff and they were not setting a precedent for a particular area. Mr. Peterson said having the residents use a private company would be the easiest and may actually be the least expensive way to have their trash picked up. 9:38:48 PM Commissioner Lowen thanked everyone who had participated in investigating the issue and come up with the alternatives. He said when the citizen had come before the Board she obviously had some issues as did the area in respect to the garbage, and he said ultimately the Town's goal should be to annex the entire loop which would fix the problem. Commissioner December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 24 of 36 Lowen said once Habitat took the rest of those lots which they wanted to be annexed, then there would be even more lots brought on line for Town services. He said right now, the residents just wanted to have their garbage collected, but they also had financial difficulties. Commissioner Lowen said the residents would have to pay whether they went through the Town, the County, or a private service. He said they should provide the information to the residents regarding the private haulers and let them decide what to do. Commissioner Lowen said he did have concerns about multiple garbage trucks having to be in the area, so it was important not to have the private haulers in the area at the same time and day as the Town's trucks. He agreed that if the Town provided the service, other neighborhoods would expect the same service. 9:40:36 PM Commissioner Gering said those arguments were good ones. He said the precedent issue was there, but also for the Town to fairly charge those residents so that taxpayers in Hillsborough were not subsidizing them, it would very likely be more expensive than a private hauler. Commissioner Gering said that private enterprise should be given the opportunity to get that business. He said he would like to see if that would work, and later on the issue may be solved if the area was annexed. Commissioner Gering said if for some reason it did not work out, then they could have the discussion again. 9:41:33 PM Mayor Stevens said it made some sense to take this to the residents. Ms. Ard said staff would do so. Mayor Stevens said there may be an opportunity for a group to take as a service project aone-time clean-up of the neighborhood to get them started. 9:42:32 PM Commissioner Lowen stated he really appreciated the staff compiling the information, and believed that ultimately the residents might be better served by using a private hauler since it maybe less expensive. I. Update on construction and financing schedules/options for upcoming projects and equipment purchases 9:42:57 PM Mr. Peterson stated Greg Siler, the Finance Director, had met with the Local Government Commission staff to get advice and guidance. He stated the packet included a summary that had been provided to the LGC of major projects, but installing sewer in Phase 2 of Locust and Tuliptree which they had informally committed to doing had been left out. Mr. Peterson said some of the specifics that had come out of that meeting was good advice and suggestions as well as a confirmation that their timeframe financing periods was appropriate. He said one suggestion the LGC had made was combining the Gold Park/River Walk Phase I and the Nash Street sidewalk project together. Mr. Peterson said the LGC had said that while they could get sidewalk financing, it helped to have collateral, which would be the land that the Town owned for the Gold Park/River Walk Phase I, making it easier to provide better security and a better interest rate. December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 25 of 36 Mr. Peterson said the Finance Director had a tentative schedule for around the first of January to advertise a public hearing at the January Board meeting to get public comment on financing for the Nash Street sidewalk project and the Gold Park/River Walk Phase I, and then shortly thereafter to begin advertising for bids for the River Walk project and Gold Park, and the two would basically overlap one another. He said one of the things complicated about the Nash Street sidewalk project was that they had talked about it and his recommendation had been to go ahead and include that financing. He said while they knew they would be applying for the DOT funding that would not be decided until March, this was a good time to borrow the money because interests rates were coming down and construction costs were always more than anticipated. Mr. Peterson said if they did get a large amount of financing and they did not need to borrow as much, the closing would not be until April 1 and they could always borrow less. He said that would give them a lot more flexibility. Mr. Peterson said with the possibility of the land acquisition for Phase II of the River Walk, there were some parcels the Town was looking at. He said the strategy of the staff as he had recommended in the past was that due to some of the initial estimates that they go ahead and pay for that out of Fund Balance if it was affordable. He said they should know by the first of January whether or not it was affordable and if they should finance it. So, he said, they may want to include funds for Phase II of River Walk land acquisition in that same financing package. Mr. Peterson said that did not have to be decided today, but they could go ahead and start the hearing process. He said you could easily remove something from the financing package, but you could not add to it later in the process. Mr. Peterson said that would allow them to meet their deadlines on all three potential projects, and that would be on the table at the January meeting. Mr. Peterson said for the Wastewater collection equipment, the LGC had recommended separating the generators from the rest of the equipment to make it easier to package. He said he had talked with Town Engineer Kenny Keel and Assistant Town Manager Nicole Ard, and his recommendation would be that with the drought, he was not necessarily concerned about getting through this year in great shape, but if they did not get significant rainfall, not just to recharge the reservoir but to recharge them to the level that they would be spilling later in the year, they were going to have a serious problem not just in the water available but in their potential revenues. Mr. Peterson said with the forecast for a dry winter, he was basically putting an informal hold on those projects until they could say they were in good shape financially. He said he would not want to get to next summer and see an impact on their revenues and having to add some debt they did not have to have. Mr. Peterson said the generator projects were very important, but it was something he would hesitate to do to add debt to the Town. He said they would monitor that on a month-by-month basis, and if necessary they would come back to the Board to get some guidance. Mr. Peterson said that could be three months from now or twelve months from now. 11. CLOSED SESSION December 10, 2007 Regulaz Meeting Approved: January 14, 2008 Page 26 of 36 9:50:01 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to enter into Closed Session by a vote of 5-0. The motion was declared passed. A. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3) to meet with Town Attorney regarding potential Litigation arising from delinquent Food and Beverage Tax Payments and failure to file Food and Beverage Tax Reports B. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (5) regarding Property Acquisition (Riverwalk) C. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (5) regarding Property Acquisition (Potential Economic Development) Added Item C.1 Economic Development D. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3) to meet with Town Attorney regarding current Litigation Robins v. Town of Hillsborough (Asphalt Plant) 12. ADJOURN Upon returning to Open Session, and upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to adjourn the meeting at approximately 11:00 PM by a vote of 5-0. The motion was declared passed. ~/,~, ~ Respectfully submitted, Donna F. Armbrister, MMC Town Clerk December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 27 of 36 °['c;~vvtt i3t~~trti't, S#:ttetncxtt per i'~.(:'. Cen. Stal. 1 tr(JrM-38:~ 'Jhe'J'ou~ta of I:ill.s fararc~ttstlt. Tcrw~ta 13u;r:rd f~Kas rr.cs:tie:4J aaarl rcr~activ~c.r1 ttaas ap}xlic<ttic>t~ cal" F'lattt~ira;; stafl~tu arrter?cJ tl~ar:'J"ca,~rt u1`Jii1J,;huraus;l~ ;Cr+t:rartt;; C3r~iirt rltai~ ~r.~; JCa1Jo~vs• 1'~y ciedctr; tlac 1'l:trttauci t lritl l)r~s,4trrJarractaG. %:rattins, d)i.stric.f 't itc i-CiJi~lacrrcat.t~;h 'J'crti to LJtattrcfi {~~ts cJetentrirtr;cJ lhat kla~ ~rrcag>trsc°tJ stc~tar:rta iy c:ratTt~~tetat awitia the; 't'ravvrt a.aJ' iiilJ~laurratt~~h'^~ c,,:rrnltxr.hr:rt.sive plan., ttxJ tltc;'I'ct~~ra L~uutcJ"s }rt•o1a~>~ecl 4trticm ott tfte unctarlrrdr;r~t is r4a.,c>natal~~ rtnr:J iaa the• putalic; htte.:rc;,t Gar tJtc: f'ral.J~+~verr~ a<~a:~rm(sj: flra stcdrtrltu^cls ~~"rlrFr <:lr,titr°ic:z rtes lr~rtsxca'rrll~ra aa~itlt tfrc~ tot+at .~ a~zstrart %rtr 1rrr;s;er.sretlc' cetttl ntlrc~l trsc rle~~elerp~ntr.>r~rt u~~ rtervr~ zrtclrrrde~tri r~rz tlte~~ I7aU~rtrac~~~rcryr ,Spr:~alcrl 1Jse~r elr~~dr~la.~d~. r~~icaptecl-~y thc'I'u~~~rt k71`J~I.iJ:IsJ~crr~u~Jt J3caarct c~af(:"aarrttrti4~trctttc:r~ thrs,/"~'.'c7ay cal",~ , ?()(J''~,` ~ , r December 10, 2007 Regulaz Meeting Approved: January 14, 2008 Page 28 of 36 <^~l"w C)FiC3.l:1`w~r"~IvC.'E: A4Tt?Nt;)Ii'~C; 't'1-~I: ;?tr,)'ivl:^~1(::r C.ttw,I,:)Ifvt"tilw't:;F C)F '1'I=I:~ 7"C.)'ti~'l~f f)F 1•I ti.,1..~i~3f:1~.t::)1?(:rF!`. `1'llE?, E3(JA:I~,U (:)F Cf,1;~~\7f~iStC)1~1E~,1~.5 C)Ix'ff{Fw'['C)41;'N'~e C)1' t1:11..1.,~13t:)(2l)t1C311 (7ttL7A1PJS: 5ecticarz I. `~€cti<7zx :?.15, 1'pat~n~d llrzzt I:)e~,°€~tol~ry°ree~t 1:)stxict, +,>f'' the 13fllshorutz+a;h loreirz~ ,Y f)rd~rzazrz~c' rs tzcre4~}x <3.clcteet. `~cctic>x~ ~. 5zzla;e,cltr€~rzt sar.trr7n5 zzre~ xunezrnl~e+°e€1 t;z relic€t tfze+l~2uti~zrr ~;c.rti.r.7ra :, :11f I+z•€y~ r4r€rers fait arzw' IG)W'J11 €+rrf.atz:xcrce izz cor~fiic:t re rtlz t'Itr:, rzr€Lrarrrzcc :.err. rr~lzc<rlcrl. `r€:ctze~tz 4. 1 tziy, ratdurrzrzcc slz~zll i.~rrucuzn€; cl~lcc:tive zxpoaz attNcr}?tir>az, 'T Pte f<?xegrrin~; €rz•rJirzazzcc l~xxvirxt:; tecerj sul.rz7rittecl t€y a r~~€rtc, zcr:ei4~c<1 tlre. lfi~llovvirz~; ti•otc tzrzd ti~~,zs i1+.zi;~r adr:5latczi this It)°'' t~~° r~l'I)€ce;trrlxc:r, ZC:)()7. 'rVL5e5: ~_._ ~'~tisent or F.xczr~~ci:_..~._._ ~ ~' tf~c>ziz3a F~..~ret~t~rrister•„ '1"o4v~r7 {:°twrk December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 29 of 36 ~~-- ,["rrr~w°tt ~3ortrrl"s ';Ettlt.tttt:ntdyer !1`.(:' (.acn. Stttt.:Lfx{.1,"~-33:3 `r'htc `T,'cwa~a ~:;rk' 1 iiNi;~ ~icrrt~ea~,l~~ "l~owra 'f;3crrarc~lla~~a~:~ rcc~uiwc.~cC atnd r•<~~Nacaw r°e1 ~t,tarn <g71z[acakar~n r:r~l" i'lfar7a~ir~1; ~larft'taa ~.rraaerarl klac•'C.ca~~•tt rof l~fiti~yiacart:ark>kt ;f car~iat~ ~rctrnar~c< a:~ i~>llr,ti~•~~: C`r+ ~3s.'.1c.tc tP~+~ E;~,rakr.aaace~~.ay~ C)vc;rlxrT~ ~;c.ra~irt,,; )isU ck a:n~i ;~tut7c1.47ra'd~ ~I Cau 3lrtlyl+crr+:raar:,l~ I°c~l~~a~ 1.3rrarcl la;t;; clets:r•iarraacl tft;at ttie 1>r~rpcasc::ci ~<~kica~ti,: t;crn~rskr:r~t s~ t.Ca t1~4 "Town. rrt"I~Iillslat7rrru~la':, aa.exrrahrakrcn4ivc hlru~~, z~a~na.i tk~ta;']"rswn ~~ourif';~ l~ars'rC7r„erl rtctirrta ara tyre: :u~rar.raclrrir;rit 'ia rtu~caraarbCc ::raari i~a tP7t 17utrlac, irtte,rc~:~t 3'crr tltc fc:alfatiwtrpz; re:t~rut1;~): "l""17~~;+ ,vterrrrlerr•ra.>~ c~/"r/rr: ~~~~i,~tr irr1 r~¢cr Prar~r,~~s~~r ssda•~;rr ror~itlr PJrr•+ l~rrw~ ra''s~ vzs~irrrr p`rrr~~ e~rrrw~,srrtrc~ra ~s~ r~d4~a=<rlnrn,rrs~~rrt rr4 rlsrtsrrdc?s! Crr tlrc t.:'h¢srlrrrr .S'tr~csc:t taro! („'~3r~rrulits,s :Str+'t:t c~crrr°itlr'rr f'lrrrrs. s?,ei~aC7ee~t lay t'&ac'C'r:~~~;n oaf 11~~~lsE~r>rou~~l7 }~a~ril r,>{"C: oa~an~~is~ir~ata4~rs t97i~,~G'~4ra~ r~~rf~~Erv':..., 2(1(J..~'. ~ ~ ~ ;~~ ~~~n (:"lerle December 10, 2007 Regular Meeting Approved: January 14> 2008 Page 30 of 36 l,~f~~~U~.~'71i,~- 9~~ :1"~~ (.)i~.I:)INo"~4«(..E: ,A,1!,~SF.(~!i)(:I~~ICr'1'Fit IC)?~C1'v(:i C)1~"~()i~,~'~wC:."F? C)f~ I"1fEi'I'UGVN('~');1 lil1.,I:.,Sf.3(11'~C~N.1t~i1- `T Fill: ]3(.):1:32:0 C)i? C'C>141."~(I'>"tit(.)NC::ILS t9( '('}CE? 'CC3'~V;~7 CAF' FI(I.,C.,5F3C)}~t)l't:;i~l !.1(ti')AfNS: tie.ctsc~~.~ ]. ~;cctic>r~ 2.1~C, 3:a~tr°arac„c,~vtey +;)vcrla}' i)I;~ti•ict, c>t t17r: 3lilis3a+3rrrti~;lt lcarain, I;~P•clip•aarac°a° is 3aerch~„ clele'rtrci, ~ic:ctiirrt:~r. :5uulkcyt7 :x.27, Adeiitia~a7~si 32 uaiaalrciricrtt in tha fn.ta°ancc:44=ay ()~•cila} I~astricis, of"t1~c Fii11~F~c>ar,~a~~17 lc~a~tr~, C:)rclirtararc is (7~:retxy~ alasle•ta;al. ~c:ctie~ta .'~. ~icab:~r°,zluc:a~t ;;c;ctaa,rnAK are: rt~ncirrrbereci t+~ r°e}7c;c,t tirca alc it;t;16:)1!5 art both ~,~ctiar7s. 4*c:,C.tTatl Qi. .111 3ari~e°isicsr7s cat` ar7.y° ta~4e~ta urtinat~ce~ itr c+~~rt("lacl ~~ it17 tilrs c~ictinrrr:wc.e~ ure xei>e.aleci. 5~c:ticm °Y, '3'I~is ar°tlittatrcc: s17~:tI1l~ecr~+r~c rai'fecti4•e upoa~ stclarrrtior7. '1 Inc: i~yrct,rwii~~ crab°rliltaz~cc: 37~avirta l,ceil st:tbmicta~r:9 icy Mt ~crte, te;c~arvt.t3 tl~~ lalicrtivin~ tic~tc :ttzcl tiva c]c~ly ca~;ia;~pt+aci this I t)a" aiay vl' 3:')ec+:rnbesr„ :'.f.)1:?7. .`.~ .rllrsetzt oa' t~xcusecl:._:_..__ ° C:)crrat~~t ('. ~rrrilyri;~zcr, Tcawrr C'le~rls: December 10, 2007 Regular Meeting Approved: January 14, 2008 Page 31 of 36 t'~ ~, '[`t,•r~°n Bcaarc9's St~temeatt ~:rer i'v".~:'. (:ye:n. "t~tt. ~(r~)1-3~I1 `1'ltc^'J"r:yvvri o!'JfiJi,al-~~yroux~;t^~'T'c~~art #3oar<J l~<x.~x received o-rrtd revoxc;svccl.t3~e; al7plic.xtirrn ~~f` i'fxannirt~ 5trttl"tc7 Kxn:xrrttcl t}ain't"c~vvrxt ai'f~ilsf~uruu;~l~r.',ax~ix~~ (?rciirx,~rt~e, t~:s t~pJlcyv~,~s; `1'0 ~iel~tu "heauty iaracl 13;.arJ~cr s~Ft~ata'" as pcxnaittecl ut;cs J Jae [~iillyir~:artau~;la `I"ovvxx 13rrxtrcl lau4 iie~tera~aaaa~3cf t}tut ti~Ye ~Jar~}acr;~e~rl ~ct~icaaa i,+ coaxsistent~ with tkac 'Ee>vwrx Kri`}iiJlsl:7c•rrou~,h"s ccrrralwrcJar:raaiv^e pl<a:n.,, tantJ tJTe °t'i74vxx f;ic:r;xri's l7rcrl~xksc:ii <aclir,]ra ira7 tttc rxrtacratln•iexat is rccxsiaxaxat>Jc wail ixa tine l~rbiic ixatea°e5t fUr tJ•ae 1`iallcawwrrrx~ x•c:a=;r,>r~(:s;t. 'l,"lsis rrsc xs .~E:r~ta tJic°crlA'1, arr<arr~'Ir~c/ trr tl~te~r r(~, frxr~r'~ir~~a rsj" "'~a~tr•scr~r~~rl ,~a:>r r arr~,r,v~~ " rrrar! t~r~;r s~~rv=ir€a,v~~ ~rr~rt~*r~ratCo r~f1a~>~ctrd rrd ~~Tre~sx. cirstr'aCafts~lrrrae?r~it5 rrx l7ta«. e~trrr•err^a1 xrrrzr•lrc~~ z".ti ia~irlc'rr• tla~rrr ~yr~r~l~ti hzarr• czcrrrr. .lclopt.e:ti k~ti~ tlae'Tcr~~v~n +;>1" t~iiJ:lshcrruu~;h i3o€xrr3 c71'Gcaxvax~aissicrraer~; tJxr4,/~;`_~iy,:7f' t"~--, 2tr(J%'. r' /" , ~I csvw~x~ i f.,lex k December 10, 2007 Regulaz Meeting Approved: January 14, 2008 Page 32 of 36 :~;'+± C~1~.i11:`w.~"~"v("}? %0'w~II:NI~1Nt..r 11{I;? I(.1li^~dC.i (,11ii}fi'~~1`~("[', r:a1~ 11~1I.~L.~~wl~~ C"31' 1~11I.,L~I~~~I~~~:;r_l~~,l.l. 11l1~ f3C)~l:[7 car' f..~l:)\2,"4114,S111~wE12ti c~-~ '!"1 t1't~c~~;v~+ c~,r1' Iilt.(,~13r,:)l;vty!_~i~1-1 c~I~raA~.1~:,~: ~,c:t;ticrtt 1.. `ic~c:tidru 3.4.1, C'c.rnTittctl f.~`sc; "1°~YV:~Ie, r:Tl' lh4 Elilislrc'Y°~::ed~lar_'.t>dY:rr4> C.Mrd:lirY~:sncu is Itd°rd~lxy urrTCr~cicr1 t« clc°it,tr.^ "E3errtrty' ;ttYrl f3Ytrhe:r ~IYr.v1a", STS l~crr-t~Yittz°c1 axscs irT ~~11 tlistrit°is. `;t°ctic~ra ?. F~1! provrsirrrrs d:rt'any td:)bv1Y orclirrarTCe irY rdTtYflict w~•rth tlti~•: ~~rtliTT~rrrc~: ;ire rcpo~tic~cl. tir:<~'tic7rt :3. '1 lYi:; GrclarY.+tYr;e shall 13erccrtYac cl'FectiE~e taVYCata ;Ld.cxVYCiorr. 't'l1G 1d:rrti~'a)irlf? dJrelttYSlrY6.4 17.1VlY1~?, I~~'(;rl ~~`,t2lprr'llttL`bl.lak :l "4'd;)tG:, r~"C.LIVE.(1 Il1t', Id7114)11'IfYk; 1t71f; :1RCI ~*~r.TS d:ltrly ttclcrlTtti~ci this 1{)~~ itr~Y of L7ece.nY1>er, 2()(?a. :~ys:....~".~...... ."~l~wea7t uT° EixctdS~cl ."~~":_.~._. 1~7nraaT~a 1~..~1.rtnlyrister, "I'c>avtY Clerk