HomeMy Public PortalAbout03-23-2009 Workshop Meeting
March 23, 2009 Monthly Workshop
Approved: May 1l, 2009
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MINUTES
Board of Commissioners Monthly Workshop
Monday, March 23, 2009 7:00 p.m.
Town Barn
PRESENT:
Mayor Tom Stevens, Commissioners Frances Dancy, L. Eric Hallman, Brian
Lowen, and Evelyn Lloyd.
ABSENT:
Commissioner Mike Gering, absence excused.
WSAC MEMBERS PRESENT:
Chair Cheryl Thomas, Paul Kimple, Ron Butler, Stephen
Beck, and Dan Barker.
WSAC MEMBERS ABSENT:
Vice-Chair Joe Phelps, James Watts, and Marshall Gray.
STAFF PRESENT:
Town Manager Eric Peterson, Assistant Town Manager/Public Works
Director Nicole Ard, Town Clerk/Director of Administration and Human Resources Donna
Armbrister, Finance Director Greg Siler, Town Engineer/Utilities Director Kenny Keel, Utility
Maintenance Supervisor Sammy Lankford, Wastewater Treatment Plant Superintendent Jeff
Mahagan, Assistant Utilities Director Will Baker, and Utility Analyst Julie Vance.
1.Open the Workshop
Mayor Tom Stevens called the meeting to order at 7:02 p.m.
2.Agenda Changes & Agenda Approval
7:03:01 PM Assistant Town Manager/Public Works Director Nicole Ard added an item
regarding prioritizing potential projects for federal funding from the FY 2010 Appropriations
Bill. She said Congressman Price had made the request, and projects submitted were for
transportation funds, the Nash Street sidewalk project, and for Riverwalk. Ms Ard said
regarding the rail station, Congressman Price had asked if the Town wanted to include that in the
request.
Commissioner Hallman added a discussion of a request to reschedule Hot Topics to a future
workshop.
7:04:18 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the
Board moved to approve the Agenda as amended by a vote of 4-0. The motion was declared
passed.
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3.Committee Updates and Reports
7:04:35 PM Commissioner Lloyd said at the last meeting of the Fire Department they had
reviewed their Charter and the service provided to rural areas and to the Town of Hillsborough.
She said it appeared that services was almost equally divided between the two.
Commissioner Hallman said he would like to have Ms. Ard provide an update on what was
happening regarding the rail station. Ms. Ard said on Friday Commissioner Hallman had served
as a panelist on the NC Railroad Progress in Motion Conference regarding passenger rail service.
She said also attending was a contingent from the Town of Lexington, NC. Ms. Ard said the
following day Congressman Price had attended a Rail Station Task Force meeting to learn more
about the potential for a rail station in Hillsborough as well as a potential rail station in
Lexington. She said they had been advised that it would be in both Lexingtons and
Hillsboroughs best interests to jointly pursue funding, so Town Board members had been
scheduling meetings with Lexington representatives. Ms. Ard said she would keep everyone
informed as to any progress made in seeking out funding.
Commissioner Hallman stated that Orange County and Davidson County were the only two on
the corridor between Charlotte and Raleigh that did not have access to rail.
7:08:23 PM Town Manager Eric Peterson said regarding the request from the developers of
Waterstone to consider a Special Assessment District, he had been working to determine what
was the next best step. He said to that end he wanted to begin a list that identified possible
private contributors as well as a list of concerns and questions and then to circulate that to
everyone for comments with the purpose of bringing that back to the Board. Mr. Peterson said
that may be the April meeting or possibly later.
Mr. Peterson said there was another city in the State that was pursuing a Special Assessment
District and were much further along in the process. He said he would try to talk with that City
Manager tomorrow to gather more information.
4.Consider Approval of the Contract for Preliminary Engineering Services for the
Wastewater Plant Upgrade and Expansion
7:09:57 PM Town Engineer/Utilities Director Kenny Keel said that due to a
miscommunication representatives of the engineering firm were not present tonight. He said if
the Board did not feel comfortable approving the contract this evening after the discussion, then
it could be postponed until the regular Board meeting in April. Mr. Keel said he should be able
to have the engineers attend the Water Sewer Advisory Board meeting next Thursday so that the
WSAC would have more information and perhaps be more comfortable with the all the
recommendations to the Town Board.
Mayor Stevens asked had the WSAC had a chance to look at the contract. Mr. Keel said they
had received it about the same time the Town Board had received it the middle of last week. He
said considering the fact that some of the funding from the Stormwater Management Trust Fund
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had been delayed there was no harm in waiting until the next Board meeting to consider the
contract. Mayor Stevens said he believed there would be some value in hearing directly from the
engineers.
7:12:52 PM Mr. Keel said they had begun the process of searching for an engineer just after
Christmas when they sent out the Request for Proposals, with eleven firms responding. He
stated he and Jeff Mahagan then selected the two most responsive proposals and conducted
interviews that included other select staff such as Ms. Ard and operators at the plant. Mr. Keel
said they had agreed unanimously that Hazen and Sawyer was the right choice. He said the
contract before the Board tonight had been negotiated over the last few weeks.
Mr. Keel said during the process of interviews and then negotiations, much was discussed about
how much the project would cost and how totally unbearable it would be if they had a $25-$30
million project with no more customers than they now had, and as a result they wanted to bring
the cost of the project down so that the cost was not so great at the present time. He said that
Hazen and Sawyer had done many such projects and had vast experience including phasing such
projects by breaking them down so that what was needed to be done was done over time.
Mr. Keel said typically with wastewater treatment plant upgrades a great deal of money was
spent to do upgrades that would last for 20 years, and then at the end of the 20 years you had to
do it again. He said in times past when prices were not so high and funding was more available
that was the best way to do it, but that was not the case now. Mr. Keel said for that reason they
had wanted to break the project down and do what was necessary in steps.
Mr. Keel said the plant was working extremely well right now; however, they were very close to
the point where it would be difficult to keep the discharge where it needed to be with no
violations.
7:16:10 PM Wastewater Treatment Plant Supervisor Jeff Mahagan said they had conducted an
evaluation of the plant and estimated the actual flow capacity based on each component of the
plant and how much water could actually be put through there. He said the result was
approximately 1.22 million gallons per day, based on the average daily/monthly maximum flow.
Mr. Mahagan said last year their highest peak month was 1.1 which was right on the cusp, and so
far this month they were already exceeding 1.2.
7:17:25 PM Mr. Keel said on the surface it might be an easy decision to not do anything yet
since they did not know what would happen with the grant. But, he said, he believed they
needed to take a step forward and at least determine what could be accomplished in an initial
phase that was affordable and would meet their more immediate needs, and then look at Phase 2
at some point in the future. Mr. Keel said once they had more customers, more flow coming in,
and more ability to stretch that cost out they could go forward with the next phase to meet
ultimate needs for the next 20 to 25 years.
Mr. Keel said that was the approach they had taken when looking at the contract, and had then
discovered that the CWMTF grant was uncertain. He said that had prompted them to look at
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accomplishing only the preliminary design in order to determine what facilities needed to be
constructed initially in Phase 1 of construction and what that might cost so that they would have
a better picture of how to move forward. Mr. Keel said it was hoped in that intervening time that
they would know the outcome of the CWMTF grant. He said the grant was $419,000, and they
had $500,000 already allotted in the current budget with $200,000 coming from operating
revenues and $300,000 transferred from the Capital Fund.
Mr. Keel said what the Board was being asked to approve at this point was the preliminary
engineering design.
7:21:49 PM Commissioner Lloyd said if they did not get started and they began to accumulate
violations it would only be more difficult to resolve. She said she believed it was a good idea to
begin the process by approving this first step as recommended. Mr. Keel said if they did end up
with some violations down the road it would be much better for the Town if they could show that
they were moving towards solutions and making progress.
Commissioner Dancy stated that much of the federal stimulus funding was for infrastructure and
hopefully some may be available to the Town.
7:23:55 PM Mr. Peterson asked Mr. Keel what effect this might have on the capital fee
structure. Mr. Keel stated he did not know at this point. Mr. Peterson stated they could use the
estimates now available to develop the coming years budget and then begin charging the new
rates. Mr. Keel stated if they could move forward by the April Board meeting he believed they
would have enough information to provide a better estimate at that time.
Responding to a comment from the Mayor regarding the contract, Mr. Keel noted that the
contract was in the standard form used by architects and engineers that was used almost
universally. He said that universal contract was used by Hazen and Sawyer and had been
perused many times by legal professionals, so he did not anticipate any issues in that regard. Mr.
Keel said he had not gotten any feedback from the Town Attorney, but would ask him to provide
comments.
Mayor Stevens said he did not recall the specifics, but he believed they had in the past had some
engineering costs for projects that had not gone well and there had been issues with the contract,
so he wanted to make sure that the Town Attorney had an opportunity to look over the contract
and provide the Board feedback before a decision was made.
Mayor Stevens said that the Board would expect to have this on the agenda for the April meeting
and assumed that the representatives from Hazen and Sawyer would be able to attend to respond
to comments or questions.
5.Joint Meeting with the Water & Sewer Advisory Committee
7:27:29 PM WSAC Chair Cheryl Thomas said that the Committee had discussed the contract
at length over the course of several meetings and were in support of approval of the contract.
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She stated that they also wanted to express their support of the ongoing efforts to update the
meters across Town, noting that it was believed that revenue was being lost because of the age of
the older equipment. Ms. Thomas said they as always supported the work of the water and
wastewater staff and the training that was necessary for them to remain up-to-date. She said they
would also like to confirm that the work they were doing was acceptable and appreciated any
feedback the Board would like to offer.
7:30:16 PM Mr. Peterson said the policy was that the water fund budget at the bottom was
20%. He said there was not a general rule as there was in the General Fund regarding Fund
Balance, noting you could get by with a lower savings level in the Utility Fund because you had
revenue coming in every single month, but property taxes came in only once a year so it was
more of an issue. Mr. Peterson said they would use basically the same policy of 20% to 60%,
but they normally did not fall below 20%.
Mr. Keel asked was 20% to 40% the average. Mr. Peterson said at the moment it appeared
higher than it really was because of encumbrances that had artificially inflated the percentage.
He said for budgeting purposes, and because no one wanted a rate increase, they had identified a
dollar limit in order to protect the savings. Mr. Peterson said if for some reason the economy did
not rebound next year then they would have no option but to use savings.
7:32:16 PM WSAC Member Dan Barker remarked that they had estimated the number of old
meters currently in use that may be reading slow, and the WSAC had determined that
replacing those meters would help to increase revenue. He said they also needed to better
account for were the water flowed, and asked for an update. Mr. Barker said in theory if they
were measuring more accurately, they could move forward more efficiently and with less
difficulty.
Mr. Barker said the WSAC had also discussed focusing on the commercial customers first,
causing less pain to homeowners. He said they had also discussed just how 20-year-old devices
were operating, and had estimated they were likely getting only about 50% of the true reading.
7:33:46 PM Assistant Utilities Director Will Baker said most of the meters had between a 10
and 15 year life, and as time went on there was a gradual wearing so it was not noticeable. He
said if funding was available, the meters should be changed out every 15 to 20 years. Mr. Baker
said many municipalities set aside funding each year so that when it was time to replace the
meters the funding was available.
Mr. Barker said the more accurate the meters the more accurate the revenue, and believed they
needed to find a way to fund that and to keep funding it as Mr. Baker had described.
7:35:01 PM Mr. Peterson said just as a reminder, at this point he had not seen any budget
requests so he did not know what they were facing. He said his comment to Mr. Keel and Mr.
Siler was that if they could figure out a way to get it into the budget and meet the bottom line
goal then they would make it happen. Mr. Peterson said there were a certain number of
commercial meters that were using a high percentage of the water, estimated at $68,000, so as
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they got into the budget process there were some options to consider such as the debt service on
the project. But, he said, until he saw an estimated cost he did not know what the response
would be.
Ms. Thomas asked if there were any questions for the Town Board from WSAC members.
Mr. Barker said he was interested in hearing some direction from the Town Board, such as were
they doing okay and what they should be paying attention to
7:36:49 PM Mayor Stevens said the work of the WSAC was demanding and very much
appreciated. He said he would like for the WSAC to stay informed regarding issues affecting
water and sewer and to be the Towns knowledgeable eyes on such issues. Mayor Stevens said
he also believed this might be an opportunity to develop a checklist of issues the Board may
want the WSAC to pursue which first and foremost would be ways to save water. He said the
second was that they might want to be wise long-term with how they used their assets and
infrastructure, noting they wanted to be cost-effective and receive value as they moved forward.
Mayor Stevens said the third thing was that the WSAC had been forward-thinking and there may
be issues that the Board had not thought of but that the WSAC would like to study, such as water
policies that the Board should be looking at, whether that be conservation or something having to
do with infrastructure and the like. He said he would encourage the WSAC to continue to look
out towards the future so that the Town Board could remain informed.
Mayor Stevens said he believed it was on the agenda for the joint meeting, and he had spoken to
the County Board Chair regarding that.
Mr. Peterson said if it was the desire of the WSAC and the Town Board, when it came down to
the end of the fiscal year if there had been no action then they could encumber that $25,000 and
bring it forward into the next fiscal year. Ms. Thomas said that would be her preference.
7:41:17 PM Commissioner Hallman asked was there anything the Town Board could do to
help in the interim, such as getting the word out to the public.
Commissioner Lowen said there were many issues that went into how the rates were set and why
they were what they were, and there was a lot of research involved in that. He said that the
WSAC along with Town staff provided the research and information that allowed the Town
Board to make decisions, and it meant quite a lot to him and to the entire Board to see how
dedicated the WSAC was. Commissioner Lowen said their work was very important and he
applauded their commitment, noting it made the Town Boards job easier because they knew that
the WSAC had studied the issues and discussed it over long periods of time, and by the time a
recommendation came to the Town Board they trusted that the WSAC had done their homework
and that the recommendations offered were strong and backed up by good information.
WSAC Member Ron Butler said there were so many levels of things to be considered, such as
building that had occurred and conservation and what would happen once the economy bounced
back.
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Mr. Barker stated he wondered if the Board had a first issue that was the most pressing for the
WSAC to study. The general consensus was that rates were the top priority.
7:45:07 PM Commissioner Lowen said he had been interested in where Hillsboroughs water
rates were ranked State-wide, noting it was thought by many that the Town was one of the
highest in the State but he believed they were farther down the list. Ms. Thomas stated that
thth
Hillsborough was 57 on the list in water rates and 77 in sewer rates on the list of all
participants.
Commissioner Lowen said for a person struggling to pay their water bill they did not really care
where the Town was on the list, but it may help somewhat to say that other communities outside
of Hillsborough had rates higher that the Towns and then to name those communities. He
suggested that could be a blurb on the Web site, and perhaps such information would dispel that
notion that Hillsboroughs rates were very high.
7:46:32 PM Mayor Stevens agreed they needed to change that perception, as well as the
perception that water was something that came cheaply and was available to anyone who wanted
it. He said on the other hand the cost needed to be qualified and justified.
Mr. Butler said one important fact was that the Triangle area was one of the fastest growing areas
in the country, and there had been a great debate in the Governors office about taking their
water and their other resources and using them elsewhere. He said they needed to figure out how
to protect their resources and keep that from happening.
Mayor Stevens said it was also important that citizens were satisfied with services and that staff
and the WSAC had the information they needed to look for less expensive ways to provide those
services and to address infrastructure issues.
7:49:18 PM Commissioner Lloyd asked if the WSAC had any comments regarding the
contract being considered by the Town Board regarding the wastewater treatment plant upgrade.
Mr. Barker stated it was a standard contract, it was a standard contract created by an engineer,
and it was the standard contract used by the State so he did not believe there was much thinking
that had to go into the language contained in it.
Commissioner Lloyd asked in the WSACs mind, was the Board on the right course and was
there something else they would want to add to that. She asked if they believed the sooner they
could get started the better off they would be.
7:50:21 PM WSAC Member Paul Kimple said they could not continue to delay and do
nothing, noting they were operating right on the borderline as it was. He said the longer they
waited the longer it would take to accomplish anything, and he agreed they should get started as
quickly as possible.
Mr. Butler agreed, noting they had a responsibility to step up and move forward.
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Mr. Barker said the only danger in the whole discussion he had identified was that their numbers
may not be low enough to qualify them for the big grants, but that was not a bad place to be.
7:51:34 PM Mr. Kimple said another concern was the risk of violations and the cost to the
Town. Mr. Keel said in the past they were out of compliance quite a bit due to a lot of issues
surrounding treating waste adequately, He said he did not believe they had suffered any
monetary fines even though the violations looked bad to the public and they did have a failing
wastewater treatment plant. Mr. Keel said generally speaking the Town had gotten very few
fines levied by the State, noting the largest was around $8,000 after an ice storm and they had
some sewer spills that occurred at pump stations due to that. He said he was sure there had been
others but none specifically came to mind.
WSAC Member Stephen Beck said one concern beyond the monetary impact of fines was to
simply be able to meet any safety standards at the plant. Mr. Keel said right now they had a very
good relationship with the Eno River Association and the Eno State Park and shared information,
and when they did not meet the limits with what was discharged from the wastewater plant,
which went into the Eno River, it affected any recreational uses of the river downstream. He
said so there were more things that were affected when those limits were violated than just
monetary fines to the Town.
Mr. Baker said he believed the wastewater plant had performed well in the past as far as meeting
State standards, but the State had also let them know there were concerns and they would be
levying fines should conditions worsen.
7:55:04 PM Mayor Stevens said that the WSAC had a special role in assisting the Town with
looking for new ways of doing business, and at the same time to protect the water and sewer
services being provided to citizens. He said the Board thanked the WSAC members who had
participated tonight.
Commissioner Lloyd requested an update regarding the wells that had been reported as
contaminated and asked if the grant had come through. Mr. Keel responded yes, the grant had
come through and they were in the process of finalizing the paperwork. He said the grant would
pay all the capital fees for those 44 homes and within the next few weeks crews could begin
installing the taps and switching people over.
6.Other
Added Item Prioritizing Projects for Federal Funding from the FY 2010 Appropriations
Bill
7:59:15 PM Mayor Stevens said the issue was essentially that they were adding the rail to the
Towns request to Congressman Price for FY 2010 funding.
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Commissioner Hallman said he understood they had to prioritize projects. Ms. Ard said all of
their requests were coming through Appropriations, and the only one added regarding sidewalks
through HUD. Commissioner Hallman asked if they had gotten some of the stimulus funding for
the Nash Street project. Ms. Ard said that Congressman Prices office was out of the loop as far
as the stimulus funding, noting that the MPO was working on that. Ms. Ard said they had
received $583,000 and there was about $210,000 remaining which could also be applied towards
Nash Street. She said with the local match from the original $583,000 that would leave about
$212,000 that needed to be funded through some means. She said they were working through
the State to identify how the stimulus funding would be distributed, and it was hoped that
funding coming to the MPO could be used for that as well as Riverwalk. Ms. Ard said going
through the process took a long time and it would be some time before they knew what would
happen. She said they were anticipating funding, but right know did not know when or how
much.
8:02:12 PM Commissioner Hallman if the appropriations process dragged on could the Town
go ahead and complete the Nash Street project. Ms. Ard said as far as the Appropriations Bill,
applications were due in to the MPO by October 11 and whether or not it would work for the
Town to wait for that Appropriations Bill was the luck of the draw, although she believed they
were in a good spot. Ms. Ard said working with the Town of Lexington would hopefully give
them more leverage and a bigger piece of the pie in terms of having a multi-jurisdictional effort.
Commissioner Lloyd said she had thought the Nash Street project would be done in phases. Ms.
Ard said it could be done in phases. Commissioner Lloyd asked could they do the first phase
and then wait to see how the funding went. Ms. Ard said they could do that, noting that the
request to the MPO for stimulus funding could be requested in phases. She said the only catch
was that they had not entered into a Memorandum of Agreement with the State for the original
fund that they were approved for last year, because they had been waiting for the design work to
be completed. Ms. Ard said the State had recommended holding off on the Memorandum of
Agreement when the stimulus funding became a possibility, so that was where they were now.
She said they could go forward with what they had now, and if they got additional funds through
the Appropriations process or through future stimulus funds, or even if they wanted to finance
the project some other way, then they could continue to move forward. Ms. Ard said there were
a lot of different options on the table, and right now it was hard to know which route to take.
She said it depended on what they wanted to do and how quickly, but given the environment no
one knew what to anticipate.
Commissioner Lloyd asked what the least expensive option would be for the Town to take if they
choose to move forward now. Ms. Ard said ideally if they were able to get the stimulus funds
that the MPO was trying to distribute now, that would reduce the burden on the Town in terms of
the actual amounts they would need to finance, which was about $212,000. She said the other
option would be to take that original allocation fund of $586,000 and matching it or waiting to
fund it in a future year. But, she said, water and sewer would become much more expensive in
the future.
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8:07:53 PM Mr. Peterson said as far as priorities, the first question he had asked himself was
which request had the ability to have the biggest impact on the community, and the answer was
the rail station. He said they already had a good amount of funding for the Nash Street sidewalk
project with a lot of options. Mr. Peterson said to him the biggest potential impact and the
biggest potential payout was the rail station and that was what he would go with.
Ms. Ard said as well, there would likely be other opportunities for future stimulus funding, and if
they could get rail station funding as well as Nash Street funding, then all the better. But, she
said, if you thought about the US 70 corridor and the Churton Street corridor and trying to lobby
for economic development funds to bring those conceptual plans forward, there were a lot of
different ways to seek funding to do that.
Commissioner Hallman said he had thought that the $500,000 appropriation was an annual
appropriation for capital projects by municipalities. Ms. Ard stated she did not know but would
look into that.
Mayor Stevens said it appeared that they could move forward with the information they had now,
noting he did not believe they could make a bad decision either way. Ms. Ard said the point was
to try to get some of the funding, noting the rail station was very important as were other
projects.
Added Item Hot Topics Discussion
8:12:20 PM Commissioner Hallman suggested that the Hot Topics identified be rescheduled to
a future workshop.
8:14:37 PM Commissioner Lowen remarked regarding the Assembly of Governments Meeting
Agenda containing nothing that pertained to Hillsborough. He stated this was another example
that all of their time was valuable, and there was not one thing on the agenda that had any
relevance to Hillsborough. He said the only thing that might be relevant was the library, but he
did not believe that would generate much discussion. Commissioner Lowen said he did not
believe any of them would be available, and if that looked bad then so be it. He said these were
regularly scheduled events, but it appeared that they were searching to find things to put on the
agenda. Commissioner Lowen said he hated to sit through a meeting of a few hours and not
have anything to contribute and have no new information offered.
Mayor Stevens said everything that happened regarding Jordan Lake they would be informed
about, so he understood Commissioner Lowens point.
8:16:17 PM Mr. Peterson said the issues on the agenda were important issues, and
Hillsborough was a small player in the County. He said he believed everyone understood that
sometimes agenda items did not apply to or interest everyone, and did not believe anyone would
be offended if there was a minimal presence by Hillsborough representatives.
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7.Closed session Closed Session as authorized by North Carolina General Statute Section
143-318.11 (6) regarding two Personnel Matters
Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved
to go into Closed Session by a vote of 4-0. The motion was declared passed.
8:17:17 PM Mr. Peterson said he had two items, the first of which was that fortunately they
had received good news on Gary Phelps. He said all the details had now been worked out and he
would officially retire on the last day of this month, March 31. Mr. Peterson said beginning
April 1 he would begin working part-time.
Mr. Peterson said the second issue was that he had come to a decision regarding Equipment
Operator Chris Dorthy. He said his decision was to terminate, noting that the primary issue for
him was the customer complaints and what his research into one of those complaints had
revealed as well as issues regarding actions and attitude that were inappropriate, lack of work
ethic and loss of initiative, offensive language, exhibitions of anger, incidents of reported theft,
and lying.
8.Adjourn
Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved
to adjourn the meeting at 8:30 p.m. by a vote of 4-0. The motion was declared passed.
Respectfully submitted,
Donna F. Armbrister, MMC
Town Clerk