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Home My Public Portal About11-12-1996 BOC Regular Meeting ~ . ~ OO~ MINUTES HILLSBOROUGH TOWN BOARD November 12, 1996 7: 15 PM, Town Office Complex The Hillsborough Town Board met in regular session on November 12, 1996 at 7: 15 PM in the Town Office Complex. Present for the Board Meeting were Commissioners Remus Smith, Richard Simpson, Catherine Martin, Kenneth Chavious, and Evelyn Lloyd. Staff present were Town Manager Eric Swanson, Town Clerk Donna Ray, Town Engineer Tom Hartye, Finance Director Sherry Carter and Planning Director Margaret Hauth. Mayor Johnson called the meeting to order at 7:21 pm. INTERVIEW WITH VOLUNTEER APPLICANTS: A. To serve as Hillsborough's representative on the Orange County Emergency Management Services Advisory Council. Mayor Johnson introduced Linda Connolly to the Board. Board members interviewed Ms. Connolly and, by consensus, instructed the Town Clerk to forward Ms. Connolly's volunteer application and resume to the Orange County Emergency Management Services Department for consideration of appointment to their Advisory Council as the Town of Hills borough Representative. B. To serve on the Historic District Commission. Mayor Johnson introduced Kenneth McFarland to the Board. Board members interviewed Mr. McFarland. I. PUBLIC CHARGE Mayor Johnson read the Public Charge. n. PRESENTATION OF "THANK YOU" TO TOWN BOARD FROM THE CAROLINA TARWHEELS Mr. Donald Belk, Carolina Tarwheels Representative, appeared before the Board. He gave a heart felt "Thank you" to the Town Board for approving the grant through the Tourism Board which allowed this organization to hold ''Bikefest '96" in Hillsborough. Mr. Belk explained that they were able to raise enough funds to completely pay back the grant to the Tourism Board. Mr. Belk distributed, as a token of his appreciation, Tarwheel Tee Shirts to the Board Members and Town Staff. 1 - . ~ 002 m. ADDING ITEMS TO THE PRINTED AGENDA There were no additions. IV. AUDIENCE COMMENTS A. Matters on the printed agenda There were no audience comments. B. Matters not on the printed agenda There were no audience comments. V. APPROVAL OF MINUTES FROM THE OCTOBER 15. 1996 BOARD MEETING AND OCTOBER 22. 1996 JOINT PUBLIC HEARING Commissioner Lloyd noted a correction to be made in the October 15th minutes in Attachment XII.G, Section 4 changing West Margaret Lane to East Margaret Lane. Upon a motion by Commissioner Lloyd, seconded by Commissioner Smith, the Board moved to approve the minutes as presented with the noted correction by a vote of 5-0. The motion was declared passed. VI. REPORT FROM THE TOWN MANAGER Town Manager Eric Swanson reminded Board Members of the Assembly ofGovemments Meeting on Wednesday, November 13, 1996 at the Homestead Center. Manager Swanson polled the Board on their anticipated attendance to the "State of the Economy Breakfast" at the Friday Center on Thursday, November 14, 1996. Manager Swanson noted that he would soon have the listing of State Contract prices on vehicles and suggested that the Board review this in making a purchase decision on the four- wheel drive vehicle for the Police Department. Swanson informed the Board that he and Bob Crowder (with the League of Municipalities) plan to present the pay and classification study recommendations at the December Board Meeting. He stated that once the entire study is presented to them at that meeting, he will also present it to the Town Department Heads and Employees and hear any appeals that they may have. It was Swanson's expectation that the Board will be able to approve the plan after January and decide at that time whether to make the decision retroactive. 2 . . - 003 The Manager reviewed with the Board the completion status of Board directives arising from the October 15, 1996 Regular Board Meeting. A. Eno River Town/County Park plan update Manager Swanson stated that the Committee which is made up of Town and County Representatives is continuing to make progress towards developing the park along the Eno River south of the new courthouse. He explained that the "borrow pit" fill-in should be complete within the next few weeks. Swanson also informed the Board that the in addition to walking paths and a gazebo, the park will include a Native American Exhibit. B. Authorize Manager to accept Local Law Enforcement Grant Funds Town Manager Swanson stated that the Town has recently received notice of two grant awards for the purpose of implementing community policing objectives. Swanson requested that the Board authorize him to accept the grant funds on behalf of the Town. Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board moved to approve the authorization of the Town Manager to accept Local Law Enforcement Grant Funds for the purpose of implementing community policing objectives in Hillsborough by a vote of 5-0. The motion was declared passed. C. Employment Agreement Manager Swanson solicited a decision from the Board on the revised Employment Agreement for the Town Manager position. Upon a motion by Commissioner Smith, seconded by Commissioner Chavious, the Board moved to approve the Town Manager's Employment Agreement as revised by a vote of 5-0. The motion was declared passed. VII. REPORT FROM THE TOWN ENGINEER Town Engineer Tom Hartye presented a status report on all current water/sewer projects. VIII. REPORT FROM COMMISSIONER SMITH A. Consideration of beautification project in the traffic island at the intersection ofHwy. 70 & N. Churton Street. Commissioner Smith asked the Board to consider the creation of a flower bed in front of the Welcome to Hillsborough Sign, which is on the Ray Motor Company property, and the 3 '- . ~ 004 planting of shrubs behind the sign. Smith stated that he would obtain an estimate from a local landscaper and present it to the Board at the next meeting. IX. ITEMS FOR DECISION -- CONSENT AGENDA A. Approval of a Resolution to release funds to Triangle J Council of Governments. B. Approval of a budget amendment for a Christmas Gift for Town Employees. C. Follow-up Budget Amendments for items approved at the October 15, 1996 Board Meeting. Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board moved to approve the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. Copies of the Resolution and Budget Amendments are hereby made a part of these minutes as Attachments IX.A,B&C. X. REPORTS A. Receive interim progress report from Parks and Recreation Board. Manager Swanson introduced a progress report from the newly formed Parks and Recreation Board which outlined their preliminary project reconunendations. Swanson added to the report by discussing progress on the Gold Park project. By consensus, the Board accepted the report. B. Receive copy of growth position adopted by the Hillsborough Chamber of Commerce. Planning Director Margaret Hauth presented the report on behalf of the Chamber of Commerce. By consensus, the Board accepted the report. XI. ITEMS FOR DECISION -- REGULAR AGENDA A. Consideration of a Voluntary Contiguous Annexation Ordinance by property owners in the Old Mill Development. 4 '- . ~ 005 Town Manager Swanson presented the Old Mill Development Annexation Ordinance for the Board's consideration and explained that the hold up thus far had been related to paving of the streets within which has not been completed. Upon a motion by Commissioner Smith, seconded by Commissioner Simpson, the Board moved to approve the Voluntary Contiguous Annexation Ordinance for the Old Mill Development effective November 30, 1996 by a vote of 5-0. The motion was declared passed. A copy of the Annexation Ordinance is hereby made a part of these minutes as Attachment XI.A. B. Consideration of Ordinances to amend the Zoning Map: 1. Town of Hills borough to zone 1.4 acres (part of Tax Map 4.42.C.9) at the end of Myrtle Lane from Orange County's R-l to Town's R-15. Planning Director Margaret Hauth presented to the Board for their consideration an amendment to the Zoning Map which would convert the recently annexed area to the Town's zoning regulations versus the County's. Upon a motion by Commissioner Smith, seconded by Commissioner Simpson, the Board moved to approve amending the Zoning Map to zone 1.4 acres (part of Tax Map 4.42.C.9) at the end of Myrtle Lane from Orange County's R-l to Town's R-15 by a vote of5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these minutes as Attachment XI.B.1. 2. Hillsborough Owners Company to rezone approximately 13,000 square feet at 200 South Nash Street from GI to R-I0. This lot contains the existing two-story house at the comer of Nash and Holt Streets and is part of Tax Map 4.34.E.21. Planning Director Hauth introduced for the Board's consideration a rezoning of approximately 13,000 square feet at 200 South Nash Street from GI to R-IO. Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board moved to approve the rezoning of 13,000 square feet at 200 South Nash Street (part of Tax Map 4.34.E.21) from GI to R-lO by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these minutes as Attachment XI.B.2. C. Consideration of Zoning Ordinance Text Amendments: 1. Consideration of amendment of Section 4.32.2.h of the Zoning Ordinance to change the 100' setback requirement for water storage tanks. Planning Director Hauth requested the Board to consider amending the Zoning Ordinance to change the setback requirement for water storage tanks. 5 - . . 006 Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to approve the amendment of Section 4.32.2.h of the Zoning Ordinance to change the 100' setback requirement for water storage tanks by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these minutes as Attachment XI.C.1. D. Consideration of Fire Contract with Orange Rural Fire Department for fire protection. Town Manager Eric Swanson reviewed a contract between the Town of Hills borough and the Orange Rural Fire Department for fire protection. The contract shall continue until June 30, 1997 and shall automatically be extended each year for a term of one year beginning July 1 and ending the following June 30 unless written notice of termination from one party to another is given at lease one hundred twenty (120) days before the end of the initial or any succeeding one- year period of the contract. This contract maintains that the Town shall continue to own, provide utilities and make repairs to, and insure the building at 206 South Churton Street with the building being leased by the Orange Rural Fire Department for the duratioh of the contract. Upon a motion by Commissioner Smith, seconded by Commissioner Chavious, the Board moved to approve the Fire Contract with the Orange Rural Fire Department for fire protection by a vote of 5-0. The motion was declared passed. E. Consideration of removing Nash Street from the State Road System and adding it to the Town Road System. Planning Director Margaret Hauth presented the Board with two options of ways to add Nash Street to the Town Road System. She explained that each spring the Town sends updates of streets within the Town limits to the state. Option 1 would be to wait until next spring and simply add Nash Street to the list of Town streets. Option 2 being the Town write a letter to the State District Engineer Tommy Dyer requesting the responsibility of Nash Street be turned over to the Town. Upon Dyer's approval, the street would be transferred to the Town, However, under Option 2, the Town would not receive Powell Bill funding for Nash Street until the beginning of the next fiscal year when it would be added to the update report of the Town Road System. After some discussion, the Board instructed the Town Manager to schedule a meeting with Tommy Dyer and/or Gorman Gilbert to discuss the Town's concerns with Nash Street and report back to the Board on any options available aside from adding Nash Street to the Town's Road System. XII. APPOINTMENTS A. Recommend to appoint Linda Connolly to serve as Hillsborough's representative on the Orange County Emergency Management Services Advisory Council. 6 ~ . . 007 By consensus, the Board instructed the Town Clerk to forward Linda Connolly's volunteer application and resume to the Orange County Emergency Management Services Department for consideration of appointment to their Advisory Council as the Town of Hillsborough Representative. B. Appointment of Kenneth M. McFarland to serve on the Historic District Commission. Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to approve the appointment of Kenneth M. McFarland to a 3 year term to serve on the Historic District Commission by a vote of 5-0. The motion was declared passed. C. Appointment of William P. Mitchell and Robert M. Bailey to serve on the Hillsborough Tree Board. Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to approve the appointment of William P. Mitchell and Robert M. Bailey to serve on the Hillsborough Tree Board by a vote of 5-0. The motion was declared passed. XIII. CLOSED SESSION A. Closed for the purpose of giving instructions to the Town Manager/Attorney regarding a claim. Upon a motion by Commissioner Smith, seconded by Commissioner Simpson, the Board moved to go into Closed Session for the purpose of giving instructions to the Town Manager/Attorney regarding a claim by a vote of 5-0. The motion was declared passed. XIV. ADJOURN Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board moved to adjourn at 10:00 p.m. by a vote of 5-0. The motion was declared passed. 7 . e . ATTACHMENT IX.A 008 RESOLUTION 96/97 BY TOWN OF HILLSBOROUGH WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across the state; ana WHEREAS, many counties and cities continue to need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and WHEREAS, the General Assembly continued to recognize this need through the appropriation of $864,270 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support focal industrial development activities and other activities as deemed appropriate by their local governments; and WHEREAS, these funds are not intended to be used for payment of members' dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments; and WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State's General Funds; and WHEREAS~ in Region J funds in the amount of $48,015 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to and consequently benefits of the Research Triangfe Park. NOW THEREFORE BE IT RESOLVED, that TOWN OF HILLSBOROUGH requests the release of its $335.44 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Chapter 324, Ho~~ Bill 229, section 9.4 of the 1995 Session Laws. Adopt~d this /2 -;J., day of /Vpi/lnJI>>L , 199~at i1i~ ~td'//,t /lltJ/1M'Y /J1ed-JA/f M Me.- ffi~A::U!LlI.f1/' 8t7.R,e4 or-- d,cJmm/5.s/IJA7~. by:/! VPk: tJr .j--GJ. c~~~L_- ).... (signature) SEAL (signature) ATTACHMENT IX.B Town of ')jg~. - BUDGET AMENDMENTS -, NOVEMBER, 1996 GENERAL FUND EXPENDIWRES : 10-4200-020 Administration-Salaries 10-4200-050 " -FICA 10-4400-020 Finance-Salaries 10-4400-050 " -FICA 10-4900-020 Planning-Salaries 10-4900-050 " -FICA 10-5100-020 Police-Salaries 10-5100-050 "-FICA 10-5550-020 Motor Pool-Salaries 10-5550-050 " "-FICA 10-5600-020 Street-Salaries 10-5600-050 " -FICA 10-5700-020 Powell Bill-Salaries t5700-050" "-FICA 5700-330" "-Supplies 5800-020 Sanitation-Salaries -5800-050 " -FICA 10-9990-000 Contingency BEFORE ADJ. ADJ. $ 44,930 3,440 46,710 3,575 54,035 4,135 556,464 45,250 30,550 2,340 54,865 4,220 67,855 5,215 7,627 160,246 12,335 35 ,000 _$1 , 138 , 792 $ 1,124 93 1,168 97 1,351 112 13,546 1,122 406 34 1,124 93 1,670 139 (1 , 809 ) 3,832 317 (24,419) WATER FUND EXPENDITURES : 30-7200-020 Administration-Salaries 30-7200-050 " -FICA 30-7220-020 Engineering-Salaries 30-7220-050 "-FICA 30-7240-020 Billing & Collection-Salaries 30-7240-050 " " " -FICA 30-7400-020 Finance-Salaries 30-7400-050 " -FICA 30-7550-020 Motor Pool-Salaries 30-7550-050 " "-FICA 30-8120-020 Water Plant-Salaries 30-8120-050" "-FICA 30-8140-020 Water Distribution-Salaries 30-8140-050" " -FICA 30-8170-020 Meter Reading-Salaries _8170-050" " -FlCA 009 AFTER ADJ. $ 46,054 3,533 47,878 3,672 55,386 4,247 570,010 46,372 30,956 2,374 55,989 4,313 69,525 5,354 5,818 164,078 12,652 10,581 $1,138,792 $ 44,930 $ 1,124 $ 46,054 3,440 93 3,533 58,664 1,467 60,131 4,490 122 4,612 50,875 933 51,808 3,910 77 3,987 46,710 1,168 47,878 3,575 97 3,672 30,550 406 30,956 2,340 34 2,374 125,305 3,237 128,542 10,275 268 10,543 88,670 2,008 90,678 7,665 166 7,831 48 ,077 792 48,869 3,740 66 3,806 J.17 North Chtlrton Street · P.O. Box 429 · lIill!lborollgh, North Carolina 27278 9.19-7.12.2104 · Fax: 919.732.1028 BUDGET AMENDMENTS NOVEMBER, 1996 PAGE 2 _FUND '-. .\ EXPENDITURES (continu~d): 30-8200-020 Wastewater Collection-Salaries 30-8200-050" "-FICA 30-8220-020 Wastewater Plant-Salaries' 30-8220-050" " -FICA 30-9990-000 Contingency To fund annual Christmas gift to employees. APPROVED: ,5"'- 0 I VERIFIED: ~ nna F. Ray, lerk . BEFORE ADJ. 88,670 7,665 218,700 17,650 32,943 . j 898,844 ADJ.. 0008 166 5,002 415 (19,649) 010 AFTER ADJ. 90,678 7,831 223,702 18,065 . 13,294 $ 898,844 ATTACHMENT IX.C Town 011 of fi.ll.~. BUDGET AMENDMENTS NOVEMBER, 1996 GENERAL FUND BEFORE ADJ. ADJ. AFTER ADJ. REVENUES : 10-3370-000 Franchise Tax $152,000 ($24,629) $127,371 10-3410-000 Beer and Wine Tax 20,545 (2,094) . 18,451 10-3430-000 Powell Bill Tax 170,347 (11,945) 158,402 10-3450-000 Local Option Sales Tax 558,000 (56,860) 501,140 10-3870-100 Proceeds/Sale/Fire Truck -0- 13,969 13,969 j900,892 (j81,559) $819,333 EXPENDIWRES : 10-4200-150 Admin.-Ruffin-Roulhac $ 6 , 500 ($ 4,000) $ 2,500 10-4200-540 " -Insurance 90,000 (20,000) 70,000 10-4900-571 Planning-Junk Car Enforcement 1,000 (1,000~ -0- 10-5100-745 Police-Contrib/Internal Service Fund 95,487 (18,000 77,487 10-5600-020 Street-Salaries 55,989 (8,250) 47,739 ~5600-452 " -Contr.Serv./Sidewalks 9,800 (5,000) 4,800 5700-020 Powell Bill-Salaries 69,525 (8,250~ 61,275 5700-762" "-Patch & Resurface 63,850 (3,695 60,155 0-5800-452 Sanitation-Contr.Serv./Wood Chipping 5,500 (5,500) -0- 10-6900-901 Spec.Approp.-Gold Park 15,000 (5,000) 10,000 10-9990-000 Contingency 10,581 (2,864) 7,717 .$423 , 232 ($81,559) $341,673 To fund loss of state-shared revenues due to estimated population decrease. APPROVED: o-V . ~OO~ VERIFIED: 137 North Churton Street · P.O. Box 429 · lIill.tborolf.gh, North Carolina 27278 919-7.12-2104 · Fax: 919.7.'12-1028 . I . The following ordinance was introduced by Commissioner -5 m i M by Commissioner $mLJSON . ATTACHMENT XI.A and duly seconded ~012 AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS PROPERTY WHEREAS, a petition was received requesting the annexation of Old Mill Business Park; t- WHEREAS, the petition was signed by the owners of all the real property located within such area; and WHEREAS, a public hearing on the annexation was held on Tuesday, July 23, 1996 following notice of such hearing published in the News of Orange on July 10 and 17, 1996. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Board of Commissioners finds that a petition requesting the annexation of the area described in Section 2 was properly signed by the owners of all the real property located within such area and that such area is contiguous to the boUndaries of the town of Hills borough, as the term "contiguous" is defined in G.S. 160A-31(t). Section 2. The following area is hereby annexed to and made a part of the Town of Hillsborough: Area located on the east side of Old NC 86 (SR 1009) TM 4.45.36 and recorded at the Orange County Register of Deeds Office in Book 73, page 174. Section 3. The area within the street right-of-way (to the center of the street) immediately adjacent to the boundaries of the above-described area is also annexed to the Town of Hills borough. Section 4. This Ordinance shall become effective on November 30, 1996. Section 5. The Town Clerk: shall cause to be recorded in the Office of the Register of Deeds of Orange County and in the Office of the Secretary of State an accurate map of the annexed territory described in Sections 2 and 3 together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this /~ fA day of NotJEmhe.e , 1996. Ayes: -.5 Noes: .0-- Clerk Absent or Excused: a;;-- . . . ATTACHMENT XI.B.l 013 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 2. Section 3. The Zoning Map of the Town of Hillsborough is hereby amended to zone 1.46 acres owned by Calhoun and Virgie Geiger near Myrtle Lane, part of tax map 4.42.C.9) from Residential-l to Residential-IS. The parcel is shown on the attached map. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of November, 1996. Ayes: S Noes: -e- Absent or Excused: .:G- . . . ATTACHMENT XI.B.2 ,(\ 1 4 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLS BOROUGH ORDAINS: Section 1. Section 2. Section 3. The Zoning Map of the Town of Hillsborough is hereby amended to rezone approximately 13,000 square feet owned by the Hillsborough Owners' Company at 200 South Nash Street, part of tax map 4.34.E.21) from General Industrial to Residential-l0. The parcel is shown on the attached map. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of November, 1996. Ayes: .s- Noes: -43- Absent or Excused: -IG)- . . . ATTACHMENT XI.C.l 015 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF IDLLSBOROUGH ORDAINS: Section 1. Section 2. Section 3. Section 4. Section 5. The Zoning Ordinance of the Town of Hillsborough is hereby amended by adding the phrase "and public water storage facilities" after the word "fencing" in Section 4.32.1.h. The Zoning Ordinance of Hillsborough is further amended by adding the following phrase "except public water storage facilities" after the word "structures" in Section 4.32.2.h. The Zoning Ordinance of Hillsborough is further amended by adding the sentence "Public water storage facilities shall observe a setback equal to their height with a minimum of the setback required in the district where the facility is located," at the end of Section 4.32.2.h. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption, The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of November, 1996. Ayes: 0- Noes: 49- Absent or Excused: ..to-- D=~ ,,- ,