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HomeMy Public PortalAbout07-14-2008 Regular Meeting July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 1 of 17 MINUTES HILLSBOROUGH TOWN BOARD July 14, 2008 7:00 PM, Town Barn PRESENT: Mayor ProTem Mike Gering, Commissioners L. Eric Hallman, Frances Dancy, Evelyn Lloyed, and Brian Lowen. ABSENT: Mayor Tom Stevens STAFF PRESENT: Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Nicole Ard, Town Clerk/Director of Administration and Human Resources Donna Armbrister, Planning Director Margaret Hauth, Finance Director Greg Siler, Town Engineer/Utilities Director Kenny Keel, Fire Marshal Jerry Wagner, Police Chief Clarence Birkhead, and Town Attorney T.C. Morphis. 7:02 PM Mayor ProTem Gering called the meeting to order. 1. PUBLIC CHARGE Fire Marshal Jerry Wagner presented a certificate from the NC National Guard to Town Manager Eric Peterson. The certificate thanked the Manager for being a patriotic employer. Mr. Wagner said that Mr. Petersen had contributed to national security and protected freedom by supporting employee participation in America?s National Guard and Reserve Force. Mr. Peterson thanked Mr. Wagner, and he expressed appreciation to the Town Board for supporting the staff and the US troops. 2. PUBLIC HEARING A. Request from Orange County Rural Fire Department to close a 25? length of the public alley connection W. Margaret Lane and Nash and Kollock Street 7:03:57 PM Planning Director Margaret Hauth gave a brief summary of the Orange Rural Fire Department?s request to close 25 feet of public alley between two pieces of property to create one parcel of land. 7:05:05 PM John Prysock expressed opposition to the closing, noting that water and gas lines run through that alley. He said that the Board had accepted dedication of the alley in July 1995 and that people had been crossing through there since 1919. Mr. Prysock argued that the alley would be a good utility corridor in the future and pointed out that it could be a pleasant walking path between Margaret Lane and Weaver Street Market. He said that he did not see any reason to join the two properties, unless the Fire Department was planning to sell its properties and move the station. 7:08:00 PM John Forrest, ORFD Board Member, pointed out that the south end of the alley had already been closed by a Town Board action. The Fire Department was not asking that the alley behind Mr. Prysock?s property to be closed, he pointed out. Mr. Forrest said the goal of closing the 25? portion was to create one integral piece of property. Doing so would not affect the rights- 1 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 2 of 17 of-way for water or gas lines, he said. Mr. Forrest explained that the Department would like to have the option of selling their property as one unit in the future, if they outgrow the station and/or the Town decides to sell its property. 7:10:27 PM Alois Callemyn, a registered land surveyor, said that neither the Town nor the Fire Department would be in a position to move in the near future. Therefore, they must make the best use of the land that they have, he said. Mr. Callemyn told the Board that the Town had recently surveyed the Orange Rural property and had rectified several discrepancies regarding property lines. Mr. Callemyn said that the Fire Department did not want pedestrian traffic from Margaret Lane to Weaver Street Market going through that area. Orange Rural works in tight conditions and wants to keep as many trespasses as possible away from that area, he said. Mr. Forrest pointed out that the Orange Rural?s large trucks back up across the alley on a daily basis. Allowing pedestrian traffic through there would create a dangerous situation, he said. Mr. Callemyn further noted that closing the alley would give the Fire Department one contiguous piece of property, which would be a benefit to them when they enter into long-range planning. Orange Rural wants to keep as many options open as possible, he said, adding that closing that short section would be wise decision, in his opinion. 7:14:46 PM Commissioner Lloyd wondered if the water lines had been moved when Gateway was built. Commissioner Hallman recalled that the portion of the water line that goes under the Gateway property had been relocated , but the waterline continued to run up the alley. Mr. Prysock said that the water lines begin on Margaret Lane and go south to the Gateway Center. The water lines still work back and forth through the alley, he said. Mr. Forrest verified with Town Engineer Kenny Keel that closing the alley would not have an impact the Town?s ability to access those water lines. Mr. Keel said that there had been an easement over the water lines, and that an easement for water lines would have to be granted before the alley would be terminated. Mr. Callemyn said that Orange Rural Fire Department would willingly give easements to the stormwater, sewer, and water lines that are in that alley. 7:16:53 PM Mayor ProTem Gering inquired about the status of any rights-of-way. Attorney T. C. Morphis replied that there was no statute to address that. However, the Town would be able to retain right-of-way if it chose to close the street, he said. If the Board were inclined to vote to close it , Mr. Morphis said, then he would recommend passing a resolution that would make the closure contingent upon being granted the necessary easements as specified by the Town Engineer. Mr. Morphis recommended putting a time frame on that. 2 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 3 of 17 Mr. Callemyn said that the Fire Department would revise the plat that they had submitted to reflect the easements. That plat would then be recorded along with any documentation that they would sign, he said. Mayor ProTem Gering clarified that the Town would need to make the modification that this includes rights-of -way. Mr. Callemyn replied that the rights-of-way would be recorded on the revised plat. 7:18:26 PM Ms. Hauth noted that an order in a later agenda item would provide the opportunity to specify that the applicant provide the instruments the Town needs to formalize the agreement. Rights-of way would be one more thing that the Town could require in the order, she said. 7:19:02 PM Commissioner Hallman stated that the Town had addressed Mr. Prysock?s concerns. He expressed agreement with the applicant that the alley would not be a safe place for pedestrians to cross. Commissioner Hallman asked if Mr. Prysock had any other concerns about how this would affect his property. Mr. Prysock replied that this action could close a door to future development of the properties that Orange Rural separates. He noted that Orange Rural had stated their plans to move when they can, and said that it might be more prudent to close the alley at that time. Commissioner Hallman asked Mr. Prysock how closing this 25-foot section would adversely affect his property. Mr. Prysock replied that it would not, adding that his interest was in pedestrian traffic and future growth. Mr. Forrest remarked that there had been no discussion of an imminent sale of the property, adding that Orange Rural Fire Department had no place to go. 7:22:11 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to close the Public Hearing by a vote of 4-0. The motion was declared passed. B. Request from Sandra Wood and Brian Phelps to closed an unused portion of Hayes Street right of way 7:22:25 PM Ms. Hauth explained that the Wood family had traded an old road for the new road, which is now paved and open. However, the paperwork had never been done, she said, so the Wood family wanted the record to show how the land was currently being used. Ms. Hauth explained that the Wood family had also asked that the right-of-way be closed and returned to them. She referred to letters from adjacent property owners indicating that they were amenable. Ms. Hauth noted that all of the property owners had legal access to their own properties. If the Board were to approve the Wood family?s request, then it would need to develop a document that would give the Town the right-of-way to a road that it does currently use and maintain, Ms. Hauth explained. 7:24:50 PM Commissioner Hallman verified that the letters to and from Ms. Hauth and the neighbors were adequate for consent. Ms. Hauth noted that she had the original signatures and said she had spoken with all involved. 3 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 4 of 17 7:25:57 PM Sandra Wood explained that Hayes Street had been put in front of her parents? house in the 1960s, and the family had thought that a portion of Sunset Circle behind their house had been closed at that time in a trade with the Town. The family had become aware that this trade was not shown on the plat while talking with the Town about installing a pool, she said. 7:26:56 PM Mayor ProTem Gering ascertained that no one else in the audience wanted to address this item. 7:27:02 PM Upon a motion by Commissioner Hallman, seconded by commissioner Lloyd, the Board moved to close the Public Hearing by a vote of 4-0. The motion was declared passed. C. Receive Public Comment on the Financing ($600,000) for the acquisition of 20+- Acres of Property for future Municipal Purposes 7:27:22 PM Finance Director Greg Siler explained that the Town wanted to buy 20+- acres, called the Collins property, for $600,000, and to finance it at an estimated 4.12% interest. This would mean annual payments of $54,000, he said. Mr. Prysock verified that there were no anticipated changes to the ball fields on the Collins property. Carolyn Blue asked if the property included the Big Barn and area behind it. Ms. Hauth described the location, noting that it did not include that area. 7:30:31 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to close the Public Hearing by a vote of 4-0. The motion was declared passed. 7:30:53 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to close the entire Public Hearing by a vote of 4-0. The motion was declared passed. INTERVIEW VOLUNTEER ADVISORY BOARD CANDIDATES A. Interview volunteer candidates for vacancies on the Planning Board, Historic District Commission, and Parks and Recreation Board 7:31:14 PM Ms. Hauth explained that Mr. Warren had been detained and would arrive later in the evening. 7:31:32 PM David McCullough, an E. Union Street resident who was applying to the Historic District Commission, said that he had done similar work in the past. He wanted to become involved with the Town through something that he had had experience with, said Mr. McCullough. Mayor ProTem Gering thanked Mr. McCullough for volunteering for this challenging position. Commissioner Hallman ascertained that Mr. McCullough had attended three HDC meetings. Commissioner Dancy said that Mr. McCullough?s background would benefit the Commission. 4 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 5 of 17 Commissioner Lloyd confirmed that Mr. McCullough was living in the Bingham House, which is on Hillsborough?s historic walking tour. 7:34:11 PM Jennifer Weaver, an applicant for the Parks and Recreation Board, said that she had been interested in town government for a long time and was eager to become involved now that she had settled in Hillsborough. She was interested in the preservation of public space and wanted to help keep beautiful areas accessible to the community. Commissioner Hallman said that he had served on the Parks and Recreation Board in the past. It was made up of good people and Ms. Weaver would add a lot to it, he said. 3. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:36:05 PM Reverend Ronald Torain, founder of Neighbor House, a homeless shelter in northern Orange County, said that the shelter was not currently operating but that they were providing more than 18,000 meals per year through their Food for All program. Neighbor House President Carolyn Blue explained that they had been working diligently to feed homeless people in the community. She said they wanted to keep this issue before the Board and let it know that Neighbor House is doing what it can. Ms. Blue presented the Town of Hillsborough with a Certificate of Appreciation for its contribution to the Food for All program. Reverend Torain thanked the Town for its annual donation and presented each Commissioner with bookmarks and pins that read: ?Thank you for your serving heart.? Mayor ProTem Gering said that the Board was truly honored and thanked Neighbor House?s members for their efforts. 4. AGENDA CHANGES & AGENDA APPROVAL 7:39:24 PM Mr. Peterson added Item 10.G, to amend section 4-30 of the Town Code regarding educational leave with pay. 7:39:42 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the agenda by a vote of 4-0. The motion was declared passed. 5. APPOINTMENTS A. Consider appointments to fill vacancies on the Planning Board 7:39:58 PM Mayor ProTem Gering suggested that the Board defer this item until Mr. Warren arrived. 8:14:32 PM Upon a motion by Commissioner Dancy moved, seconded by Commissioner Hallman, the Board moved to defer item 5A until later in the meeting by a vote of 4-0. The motion was declared passed. 5 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 6 of 17 B. Consider appointments to fill vacancies on the Historic District Commission 7:40:12 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to appoint David McCullough to the Historic District Commission by a vote of 4-0. The motion was declared passed. C. Consider appointments to fill vacancies on the Parks & Recreation Board 7:40:45 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to appoint Jennifer Weaver to the Parks and Recreation Board by a vote of 4-0. The motion was declared passed. 6. COMMITTEE REPORTS (Critical) No reports 7. REPORT FROM THE TOWN MANAGER No report 8. DEPARTMENTAL REPORTS 7:41:37 PM Ms. Hauth reported that the estimated start of construction for Gold Park would be August 4, 2008. It should be completed in early February, she said, and there would be a groundbreaking ceremony once the driveway and parking lots were in. Commissioner Hallman ascertained that construction would begin after the grant deadline and at about the time the committee would begin to receive applications for the next round of grants. 7:42:45 PM Mr. Keel pointed out that Town employees usually take State training courses and exams for water and sewer three times a year. He noted that five employees had increased their certification level in the last round. Mr. Keel thanked the Board for its support of employees? certification and training. 7:43:38 PM Noting that there had been no recent sewage spills, Commissioner Hallman asked if the issue had been resolved. Mr. Keel replied that there had been one spill after he had written the report. Commissioner Hallman said that the improvement was impressive nevertheless. 7:44:01 PM Commissioner Lowen, noting an increase in cost due to rock being found on Lakeshore Drive, asked if this was a significant overage. Mr. Keel replied that it should be within budget or covered by remaining sewer funds. The Department did not yet have all the numbers, he said, adding that they had found significantly more rock than they had anticipated. Mr. Keel announced that part of Lakeshore Drive would be closed the following week and another part would be closed for a week later in the summer. He would give the Board an update on that road and its costs in a couple of weeks, he said. Commissioner Lloyd expressed gratitude to Mr. Keel?s assistant, Mrs. Vance, for handling recent angry calls from citizens so well. 6 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 7 of 17 9. ITEMS FOR DECISION ? CONSENT AGENDA A. Consider Approval of the Minutes of the May 27, 2008 Monthly Workshop; the May 27, 2008 Monthly Workshop Closed Session; the May 29, 2008 Public Hearing on the Proposed FY09 Budget & 10-Year Financial Plan and Water/Sewer Fund Budget Workshop; the June 9, 2008 Regular Board Meeting; the June 9, 2008 Regular Board Meeting Closed Session; the June 23, 2008 Monthly Workshop; and the June 23, 2008 Monthly Workshop Closed Session B. Consider award of the Tuliptree Drive Sewer ? Phase 2 construction project to Hendrix-Barnhill Company, Inc. C. Extend approval period for Waterstone single family Special Use Permit until 07-01-09 D. Extend approval period for Waterstone townhome Special Use Permit until 07- 01-09 E. Consider approval of a Resolution for the NC Governor?s Highway Safety Program Grant F. Consideration of an Ordinance to amend Chapter 8 Trades & Businesses, Section 11 Reasons for refusal or revocation of a License to add a provision that the violation of which would justify non-renewal or revocation of a privilege license G. Consider approval of Memorandum of Understanding with the Brough Law Firm for Attorney Services in Fiscal Years 2008-2009 7:46:06 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to adopt the Consent Agenda by a vote of 4-0. The motion was declared passed. 10. ITEMS FOR DECISION ? REGULAR AGENDA A. Jerry McKoy has asked to address the Board about the payment of penalties associated with a code enforcement action on Durham Street 7:46:39 PM Ms. Hauth reminded the Board that Mr. McKoy had come before them several years ago to discuss code enforcement issues on his property. The Town had recently attempted to put collection of his dept in the debt set-off program, she said. 7:47:06 PM Jerry McKoy, a 32-year resident of Orange County, said that he had received a letter from the Town saying he owed $3,575, even though he had performed all the work of cleaning up his property by himself. He had discussed this and related issues with the Town Attorney, he said. Mr. McKoy explained that he was unemployed and unable to pay this debt. He said that he, a former parole office, had been treated like a common criminal. Mr. McKoy told Board members that he had worked hard to maintain Hillsborough?s standards and had paid his taxes every year. He asked the Board to reduce his penalty to $500. 7:52:46 PM Commissioner Hallman inquired about a 2005 agreement with the Board to reduce Mr. McKoy?s fine to $2,500. Mr. McKoy replied that he thought that money was due only if he did not complete his five years of probation. 7 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 8 of 17 Commissioner Hallman noted that the Town had spent a considerable amount of money getting to this point. Mr. McKoy replied that he was aware of that, but much of that expense was not necessary because he had been cooperating with the Town. Mr. Peterson ascertained that the fine was from a judgement against Mr. McKoy based on civil penalties that the Town had assessed. Mr. Morphis verified that Mr. McKoy had done the entire cleanup himself. Mr. McKoy added that he had spent close to $2,000 on the cleanup. Mayor ProTem Gering asked the Attorney and Board if this was an item to be discussed in closed session. Mr. Morphis replied that they probably could not do so since litigation had been closed for nearly three years. 7:55:45 PM Mr. Morphis distributed copies of a letter that the Town had sent to Mr. McKoy, in which it offered to reduce the amount to $2,500 if Mr. McKoy would agree in writing to keep his property clean for five years. The Town had not received a reply from Mr. McKoy, so that had set off the debt collection program, Mr. Morphis explained. Mr. McKoy said that everyone had been telling him he was doing a good job. He had thought that he would be fined only if he did not maintain the property for five years, he said. Mayor ProTem Gering verified that Mr. McKoy was saying that he had not understood the letter from the Town. Commissioner Hallman remarked that the letter seemed clear to him. Mr. McKoy replied that he was an educated man and had read the letter. But, he had understood it to mean that the fines would not be enforced if he kept his property clean for five years, he said. Mayor ProTem Gering commented that he found it hard to understand how Mr. McKoy could misinterpret the terms of the letter. Mr. McKoy explained that it had been a difficult time for him. His father had passed away, and that he had been caring for his mother and her household, which is 70 miles away from his own, he said. 7:58:49 PM Commissioner Lloyd asked how much had been spent in legal fees, and Mr. Morphis agreed to bring that information back to the Board. Commissioner Lloyd told Mr. McKoy that this had become costly because it had been turned over to the Town Attorney. Mr. McKoy pointed out that his neighbors had not complained about his property. He proposed that the individual who had complained in the past had done so because he wanted to buy the property. Mayor ProTem Gering recommended that the Board get more details about actual expenses. Mr. Morphis noted that the Board was not required to act tonight. If the Board were to amend the amount, then the Town would notify the debt set-off people, he said. 8:01:42 PM Commissioner Hallman said that the Town could not ask taxpayers to subsidize the costs related to this. He ascertained that Mr. McKoy was willing to pay some portion of it. Mr. McKoy requested that the amount be reduced to $1,000 or less, and he repeated his request to pay 8 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 9 of 17 only $500 so that he could put the matter behind him. It was demeaning to come before the Board tonight, he said, adding that he had done the best he could regarding this matter. Commissioner Dancy verified that court costs and staff time were the only expenses. Commissioner Lowen asked if placing a lien against the property would allow Mr. McKoy time to pay the fine Mr. McKoy replied that he did not want that. Commissioner Dancy described this as a tough decision and said that she too would like to know what the costs were. Mayor ProTem Gering noted that the entire Board seemed to want to know what the actual legal and staff costs were before deciding how much, if any, to assess for this issue. Mr. McKoy thanked Board members for their time. He said that this was a serious matter for him because he was not working. 8:04:35 PM Mayor ProTem Gering told Mr. McKoy that the Board understood the difficulty of coming before them with this matter and they wished him the best. B. Consideration of an order to close a 25? length of the public alley connecting W. Margaret Lane and Nash and Kollock Street 8:04:49 PM Ms. Hauth referred Board members to a draft order in their packets and said that this was the time when more language could be added to specify inclusion of easements for existing utilities across the properties. Commissioner Lloyd expressed concerns about people being injured while walking through that alley while fire trucks were backing up. Commissioner Dancy said that she too was concerned about pedestrians crossing, and she agreed that the alley should be closed. Commissioner Lowen said he understood the desire to allow passage through the alley, but noted that the new library and an additional office building nearby would provide access and plenty of room for people to maneuver about. He then moved that the alley be closed. 8:08:18 PM Ms. Hauth recommended adding, ?including the easements for existing underground utilities and suitable for recording? in the next to the last line in the paragraph stating, ??based on the foregoing findings it is ordered.? That would specify that the plat shows those easements, she said. 8:08:41 PM Mr. Morphis raised the question of electric utilities, but Mr. Callemyn replied that they preferred not to address that because it would include Whole Foods. However, if that were important to the Board, then they would work with the Town in any way it wants, he said. Mr. Forrest remarked that a ?carte blanche? easement might be too open-ended. Including electrical utilities would mean involving everyone else, he said. Mr. Peterson said that the Fire Department probably would want overhead lines in the future. They could go ahead and get an easement at that time, he said. 9 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 10 of 17 8:10:52 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to order the closure by a vote of 4-0. The motion was declared passed. C. Consideration of an order to closed an unused portion of Hayes Street right of way 8:11:30 PM Ms. Hauth said that, as with the previous item, this would close a portion of road. If the Board chose to order the closure, then there would then be a plat recorded that all of the adjoining owners must sign, she said. Commissioner Lowen noted that it is always good when neighbors can work things out and create a smooth transition, such as this one. 8:12:46 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to order the closure by a vote of 4-0. The motion was declared passed. [ The Board considered Mr. Warren?s application to the Planning Bard at this point.] 8:13:17 PM Bryant Warren, a volunteer candidate for the Planning Board, apologized for being late and explained that he had been working overtime. Commissioner Hallman said that Mr. Warren?s sense of history was one reason why he was wanted on the Planning Board. 8:14:30 PM Upon a motion by Commissioner Dancy, seconded my Commissioner Hallman, the Board appointed Bryant Warren to the Planning Board by a vote of 4-0. The motion was declared passed. D. Consideration of Preliminary Subdivision Plan to create a two-lot private road subdivision on West Queen Street 8:15:24 PM Ms. Hauth gave a brief introduction and noted that a few items were missing that would be recorded when the document was transferred to a surveyor. She outlined the request to create a private road and divide a private lot into two parcels. Ms. Hauth pointed out that an extension of the private road to anywhere else would be highly unlikely given the surrounding lot development and the orientation. Mayor ProTem Gering ascertained that the applicant was available to answer questions. 8:16:46 PM upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to approve the preliminary subdivision plan by a vote of 4-0. The motion was declared passed. E. Consideration of request from Beckett?s Ridge Homeowners Association to add all of Beckett?s Ridge Drive to the town?s street system 8:17:21 PM Ms. Hauth explained that the Homeowners Association had discovered that Beckett?s Ridge Drive was a private road, which meant that neither the DOT, nor the County or Town could replace a missing sign at the entrance. As a result, there had been no street sign out there, she said. Before the Planning Department spent time researching how to approach this, said Ms. 10 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 11 of 17 Hauth, they decided to ask the Board if it was interested in seeing whether or not the Town could accept, own and maintain that 300-400 feet of street. Commissioner Hallman expressed surprise that there was no interim solution. Ms. Hauth pointed out that anyone could just put a street sign up there. However, the Homeowners Association, Town, County and DOT do not have the legal right to do so, she said. Resident Sergio Rabinovich said that every homeowner in Beckett?s Ridge had asked the same question: Why can?t we get a sign up there? He had explained that it was not so simple, he said. Mr. Rabinovich said that previous residents had put the sign up without the correct permit and that current residents would like, at least, to have a street sign. Commissioner Hallman recommended that the Board find a solution. Mayor ProTem Gering recommended directing the staff to do the necessary research to figure out the best solution. Ms. Hauth said she hoped to learn that the road had been dedicated it to the public and that no one had ever accepted that. The Town could then accept that right-of-way without any fanfare and put up a permanent sign, she said. 8:22:51 PM Commissioner Lowen asked if there was an interim solution. Who would challenge the Town if it just put up a street sign, he asked. Mr. Peterson agreed, adding that he would ask the staff to install a sign unless there were objections from the attorneys. F. Discuss possible ?Hot Topics? for the July 28 Workshop 8:24:32 PM Mr. Peterson said that he could not recall any hot topics. The Board could feel comfortable about canceling the meeting unless there was something pressing, he said. Mr. Hallman recalled that they had discussed meeting in August, and Commissioner Lowen said that made sense to him. Mayor ProTem Gering verified that they were suggesting having their August workshop be a regular meeting. 8:28:18 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved by a vote of 4-0 to hold a Special Meeting on August 25, 2008. The motion was declared passed. ADDED ITEM G. Consideration of an Ordinance to Amend Chapter 4 Personnel of the Town Code to amend Section 30 Educational Leave with Pay 8:28:49 PM Mr. Peterson explained that section 4-30 of the code allows the Town to give employees time off to pursue a degree, or some other types of advanced training, but limits them to one course at a time. He thought that was too restrictive for those who want to get an advanced degree, he said. Mr. Peterson suggested changing the rule from one to two courses and also changing section G to allow the Manager more flexibility. The Town Clerk had drafted a policy with more specifics, and the Town was trying to get the career development plan out to employees within the next couple of weeks, he said. 11 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 12 of 17 Mayor ProTem Gering clarified that Mr. Peterson was requesting that the Board make two amendments: 1) a change to allow two courses; and 2) a change in Section G to allow the Town Manager to make exceptions. 8:31:52 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to amend the code by a vote of 4-0. The motion was declared passed. 11. CLOSED SESSION A. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (5) regarding Property Acquisition (1. Riverwalk, And 2. General Government Purpose) 8:32:26 PMUpon a motionby Commissioner Lowen, seconded by Commissioner Dancy, the Board moved by a vote of 4-0 to go into Closed Session. The motion was declared passed. 12. ADJOURN Upon returning to Open Session, and upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adjourn at 8:40 PM by a vote of 4-0. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, MMC Town Clerk 12 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 13 of 17 13 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 14 of 17 14 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 15 of 17 15 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 16 of 17 16 July 14, 2008 Regular Meeting Approved: September 8, 2008 Page 17 of 17 17