HomeMy Public PortalAbout04-29-1997 Joint Public Hearing
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MINUTES
JOINT PUBLIC HEARING
April 29, 1997
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Mayor Horace Johnson, Richard Simpson, Evelyn Lloyd, Ken.Chavious, Remus Smith, John Taylor
(PB chair), Richard Bradford, Ed Gill, Louise Long, Chris Quinn, George Sagar
Louie & Kim Callemyn, Sam & Helen Gibbs" Donald Oakley, George Vargo, Nancy Walker,
approximately 20 interested citizens, Beth Velliquette, Jonathan Butler, Sherry Carter, Todd
Chavious, Margaret Hauth
Mayor Johnson called the meeting to order. He announced that the Town Board will be briefly
following the hearing to hold a public hearing on some violations of the Town Code, and meet in
regular session to review a contract with UNC-CH for a summer intern, and review proposals from
firms who could assist with the manager search. He passed the gavel to Planning Board Chair Taylor
who briefly described the public hearing process.
Hauth introduced the rezoning request from Eno Mountain homes to rezone 11.9 acres on the west
side ofNC 86 from R-4O to R-lO. She indicated the lot's location on two maps. She said that R-40
requires a 40,000 square foot minimum lot and R -10 requires 10,000 square feet or one quarter acre.
She noted that much of the adjacent property is zoned &-10, but because the area is not currently
served with sewer, it cannot be developed at that density. Sagar asked Hauth to indicated the areas
zoned R-lO on the map. He asked if it was fair to say there is a small pocket of R-40 surrounded by
R-I0 and Hauth agreed with his statement. L. Callemyn introduced himself and his wife as owners
of Eno Mountain Homes. He described their interests and ties to Hillsborough and some projects
they have been involved in. He noted that it is there intent to develop a subdivision for first time
home buyers and retirees who currently have difficulty in the local market. He added that many of his
employees cannot currently afford to live in Hillsborough, and this bothers him, The anticipated price
range is $105,000 to $125,000. He said the formal design on the subdivision has not been done, but
they expect to create about 30 lots, less than the maximum allowed, and create two entrances off NC
86 aligning with the current streets. He passed around photos of some of their other projects and
areas they plan to emulate. Callemyn said one of their greatest concerns is for maintaining the natural
features of the area. They would not cross the drainage area with streets, but leave as open space,
as well as providing buffers around the perimeter. He added that a homeowners association will be
established and they will be responsible for maintaining the buffer areas to ensure they are protected
and kept neat. He said they see this as an entrance to Hillsborough and desire to protect the
appearance of the area. ne added that a traffic impact study will also be done to minimize negative
impacts on NC 86 and the neighborhood.
A neighbor asked about the anticipated homeowners dues. L. Callemyn said they expect dues to run
$30-$50 a month or quarter. The same neighbor asked if any of the adjacent property is developed
as R-20. Hauth said much of it is because of the lack of sewer, however, it is zoned R-lO. L.
Callemyn noted that the rezoning will allow them to bring public sewer to the area so neighbors 'can
tie on. He added that sewer is not feasible or needed for a development under current zoning.
Sam Gibbs noted that he lives immediately south of the property and already has difficulty getting out
of his driveway in the morning. He added that he counted about 720 cars between 3 and 5 PM one
afternoon. Helen Gibbs echoed her husband's comments and added her concern for drainage in the
area, Donald Oakley said he built his house there because it was close to town but still in the country.
He noted to great opposition to the proposal. He presented a petition from adjacent property owner
and said he didn't want them (a development) over there. Hauth read the statement on the top of the
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petition and counted 27 signatures. She said it would be copied and included in the boards' packets.
Sagar asked that a map be included which sho.ws the location of those who signed, what the
properties are zoned, and the actual size of the lots. A neighbor asked about the potential annexation
of the development, if approved. Taylor noted th?.t the area is within the Town's planning jurisdiction
only. Mayor Johnson said the town routinely makes utilities available to developments outside the
city without annexing them and annexation of this area is not in any short term pIan,
Hauth highlighted the proposed amendments to Section 8 to prohibit neon signs in the Central
Commercial district and make other changes affecting commercial signs downtown, Mayor Johnson
asked the impact of the changes on existing signs. Hauth said they would be allowed to remain,
however the time limitation on lighting be enforceable across the board. A representative of the Arts
Council said that the Council is appalled by the installation of neon in Hillsborough.
Taylo.r closed the public hearing and returned the gavel to Mayor Johnson. He adjourned the
Planning Board and called the Town Board public hearing on violations to Section 11 of the Town.
Code to order.
T, Chavious distributed copies of Section 11-38 of the Town Code, a list detailing the current status
of the eight properties in question, and two cost estimates from local contractors to clean up the sites.
T. Chavious noted that some owners have made significant efforts to clean their sites since receiving
their notice. He suggested that three properties not be found to be prejudicial to the public health and
be given thirty days to complete their improvements. The house at 183 Lawndale Avenue has been
boarded up and the yard is being maintained, The solid waste at 569 & 557 Riddle Avenue has been
removed via a construction dumpster and only a pile of tires remains. The double wide mobile home
and vehicle at 250 Cornelius Street will be removed now that an insurance dispute has been settled
regarding their damage, T, Chavious said one owner, George Vargo is present, wishing to address
the board on his situation. Vargo said he recently contacted someone who can assist with cleaning
his site. Walker (daughter) said she works full time and needs at least one month to come into
compliance on the three properties in question, The members discussed the Vargo request and found
that, based on the existing situation, the current state of the sites is prejudicial to the public health,
but the owners have 45 days to come into compliance before the town will step in and abate the
nuisance. T. Chavious said he has pictures of each site, if the members are interested in seeing them.
Lloyd said she would like to see them at some point, to confirm she is fanliliar with the sites.
Commissioners Simpson asked for clarification of the town's legal authority to correct these
situations by coming onto private property and billing the property owner. T. Chavious referred him
to the details of Section 11-38 which explains that the town has 3 options once it finds a site to be
prejudicial to the public health. The town can order the owner to clean the site within a time frame,
the town can have its workers clean the site, or the town can contract with a private enterprise to
clean the site. In either of the last two options, the town can bill the owner for the costs it incurs in
cleaning the site. Hauth added that the money can be paid directly, a payment pIan be established
through the finance office, or eventually placed as a lien on the property to be collected through the
tax office. Mayor Johnson recalled a few situations in the past where the town had cleaned sites.
Simpson noted his support for equal treatment for everyone. Smith expressed concern about the cost
to the town of cleaning these sites. Hauth noted that the town would carry the cost for a period of
time, but would eventually get its money back. Carter said each lot could be contracted separately
and handled as an individual budget amendment to keep the "records very clear,
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Smith moved that based on the evidence provided by staff, that the conditions present on the
following sites are prejudicial to the public health: 332 Faucette Mill Road, 104 US 70 East, 121
Durham Street and staff should proceed with contracting for the cleaning of each site with the lowest
bidder as soon as possible. He added that the Vargo property (527, 531, 533 Terrell Rd) is also
prejudicial to the public health, but the owner has 45 days to come into compliance before the town
proceeds with a contract on that site. K. Chavious seconded.
Unanimous.
Hauth distributed copies of the draft contract between the town and UNC-CH for a summer intern
to prepare the annual report and do some planning projects. She said she has recruited Adena
Friedman to work this summer from the plarming department at UNC-CH. She added that Friedman
is busy with finals, but will be available to begin work on May 19.
Smith moved to approve the contract and authorize the manager to sign on behalf of the town. Lloyd
seconded,
Unanimous.
Mayor Johnson introduced the discussion to select a firm to handle the search for a new manager.
The members briefly discussed the proposals received,
Lloyd moved to hire Municipal Advisors, Inc, of Virginia Beach, Virginia for a fee of $10,000 plus
MAl's personal expenses (travel, postage, phone, video, etc.), which are not to exceed $2,000.
Simpson' seconded.
Unanimous.
The Commissioners discussed a farewell dinner for Eric Swans'on. They agreed to the following
details: May 29, 7:00 PM, at the Colonial Inn with invitations to be sent, a program printed, a gift,
and corsage and boutonniere. The guest list is to include: Eric & Jill Swanson, the Town
Commissioners (each plus a guest), Mayor Johnson (plus guest), John Link, Orange County
Commissioners, Paul Kempa, Ted Abernathy, town department heads (plus spouse), Michael Brough,
Bob Morgan, Cal Horton, Jonathan Butler, and Beth Velliquette.
The Commissioners also discussed moving the annual employee picnic to the Friday before Memorial
Day weekend to give the employees a social opportunity with Swanson before he leaves, They
agreed the catering would be the same as before and all employees, the commissioners, and the mayor
are to be included.
Respectfully submitted,
fJh~ll4oJ)
Margar t A. Hauth, Secretary