HomeMy Public PortalAbout05-12-1997 Regular Session
I
.
.
11~.
MINUTES
HILLSBOROUGH TOWN BOARD
May 12, 1997
7:30 PM, Town Office Complex
The Hillsborough Town Board met in regular session on May 12, 1997 at 7:30 PM in the
Town Office Complex. Present for the Board Meeting were Mayor Horace Johnson,
Commissioners Remus Smith, Richard Simpson, Catherine Martin, Evelyn Lloyd and Kenneth
Chavious. Staff present were Town Manager Eric Swanson, Town Clerk Donna Armbrister,
Finance Director Sherry Carter, Town Engineer Tom Hartye, and Planning Director Margaret
Hauth.
Mayor Horace Johnson called the meeting to order at 7:33 PM,
I. PUBLIC CHARGE
Mayor Johnson read the Public Charge.
II.
ADDING ITEMS TO 'J"RF, PRINTED AGENDA
Three Items were added to the printed agenda:
IV.A Louise Evans - Odell Mayo Resolution
IX. C Alois Callemyn - Rezoning Issue
IV.E. Mayor Johnson - Financial Award of Excellence
III.
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.
IV. RESOLUTION AND PROCLAMATION
ADDED ITEM IV.A - LOUISE EVANS
Ms. Louise Evans addressed the Board and expressed her sympathy to the Mayo family.
1
I
.
.
115
A Resolution honoring the memory of Odell Mayo
Mayor Johnson read and presented a Resolution honoring the memory of Odell Mayo to
his family members. The Resolution recognized Mayo for his long and faithful service to the
citizens of Hills borough and expressed the Town's sincere condolences to his family for the loss
they have sustained. A copy ofthe Resolution is hereby made a part of these minutes as
Attachment IV.A
B. Stand for Healthy Children Day Proclamation
Mayor Johnson presented the Stand for Healthy Children Day Proclamation, A copy of
this Proclamation is hereby made a part of these minutes as Attachment IV.B.
C. National Disability Awareness Week Proclamation
Mayor Johnson presented the National Disability Awareness Week Proclamation. A copy
of this Proclamation is hereby made a part of these minutes as Attachment IV.C.
D. National Association ofInsurance Women Week Proclamation
Mayor Johnson presented the National Association ofInsurance Women Week
Proclamation. A copy of this Proclamation is hereby made a part of these minutes as Attachment
IV.D.
V. APPROVAL OF MINUTES FROM THE APRIL 14TH AND 21 ST BOARD
MEETINGS AND THE APRIL 29TH JOINT PUBLIC HEARING
Commissioner Martin called the Board's attention to the fact that Commissioner Smith's
name was not listed as being present at the April 29th Public Hearing and by consensus the Board
directed that the minutes be corrected to reflect his attendance.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Smith, the Board
moved to approve the minutes from the April 14th, Apri12Pt, and April 29th Joint Public Hearing
with the aforementioned correction by a vote of 5-0. The motion was declared passed.
VI. REPORT FROM THE TOWN MANAGER
Town Manager Eric Swanson reported on the Fairview Sports Park and informed the
Board that a group of staff and members from each board had met this week to discuss the
possibility oflocating a sports park in Fairview. He stated that officials from Eurosport were also
available. Swanson reported that the group agreed that a public/private partnership that would
attract soccer enthusiasts from across the state could have potential in Hillsborough.
2
I
.
.
116
Since the area that is being looked at for this development is on a landfill, the group agreed to
visit the soccer/golf course in Charlotte (which is also located on a landfill) and also tour a soccer
complex in Fayetteville.
VII. REPORT FROM THE TOWN ENGINEER
Town Engineer Tom Hartye gave a status report on all current water/sewer projects.
VIII. ITEMS FOR DECISION - CONSENT AGENDA
A. Approval of Privilege License Rate Change
B. Authorize the Mayor to sign the Project Agreement for Stream Debris Removal
and Disposal in the Town of Hillsborough with the Natural Resources
Conservation District (NRCS).
C. Consideration of a Joint Resolution regarding establishment of a citizen'slelected
official's task force to research and make recommendations regarding development
of a solid waste recycling, reusing, and repairing market-based economy.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Smith, the Board
moved to approve the Consent Agenda as presented by a vote of 5-0. The motion was declared
passed.
IX.
ITEMS FOR DECISION - REGULAR AGENDA
A. Presentation of proposed FY 97-98 Budget.
Finance Director Sherry Carter distributed the proposed FY 97-98 Budget package to the
Board, Mayor, Town Clerk, and press representatives and also stated that a copy would be
located at the Town Annex and at the Orange County Library for inspection.
Manager Swanson reviewed the proposed FY 97-98 Budget with the Board and noted
that it recommends the tax rate be reduced to $.46 which was established at the Board's '97
retreat. The Manager pointed out the recommendation of a 2% cost-of-living increase for
employees. Swanson stated that any additional capital project funding would require the Board to
add to the $.46 mil rate.
B. Consideration of a Resolution providing for the issuance of $2,500,000 General
Obligation Water Bond Anticipation Notes.
Manager Swanson presented a resolution providing for the issuance of $2,500,000
General Obligation Water Bond Anticipation Notes for the Board's consideration.
Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board
3
I
.
.
117
moved to approve the Resolution providing for the issuance of $2,500,000 General Obligation
Water Bond Anticipation Notes by a vote of 5-0. The motion was declared passed. A copy of
the Resolution is hereby made a part of these minutes as Attachment IX.B.
C. Consideration of an ordinance to rezone 11.9 acres on the west side of NC 86
from R-40 to R-I0. Planning Bd unanimously recommends approval.
Planning Director Margaret Hauth presented the rezoning ordinance to the Board for their
consideration and noted the Planning Board's recommendation for approval,
Hauth made the Board aware of comments received at the Public Hearing from neighbors
south and across NC 86 from the proposal who spoke against it and presented a petition. Their
primary concerns are for increased traffic on NC 86 and the density of the development.
Hauth stated that this application meets the criteria of the Ordinance for this district and is
not inconsistent with the Vision 2010 Plan. Traffic issues can be addressed at the plan review
stage. The 1995 traffic count on NC 86 is 10,000 vehicles a day, which is nearing capacity. At a
minimum, any development along NC 86 will have to dedicate the additional right-of-way to
widen the road to 4-lanes.
After some discussion, and upon a motion by Commissioner Smith, seconded by
Commissioner Chavious the Board moved to approve the ordinance to rezone 11.9 acres on the
west side ofNC 86 from R-40 to R-I0 by a vote of 5-0. The motion was declared passed. A
copy of the ordinance is hereby made a copy of these minutes as Attachment IX.C.
D. Consideration of an ordinance to amend Section 8 of the Zoning Ordinance to
restrict signs and the illumination of signs in the Central Commercial district.
Planning Board unanimously recommends approval.
Planning Director Margaret Hauth presented the ordinance to the Board for their
consideration and noted the Planning Board's recommendation for approval.
Hauth relayed Public Hearing comment from a representative of the Arts Council who said
they were "appalled" by the installation of the neon signs.
Upon a motion by Commissioner Simpson, seconded by Commissioner Smith, the Board
moved to approve the ordinance to amend Section 8 of the Zoning Ordinance to restrict signs and
the illumination of signs in the Central Commercial district by a vote of5-0. The motion was
declared passed, A copy of the ordinance amendment is hereby made a part of these minutes as
Attachment IX.D.
E.
Consideration of a resolution approving the Consolidated Housing Plan Annual
Update and the 1997-98 Program Design.
4
I
.
.
118
Planning Director Margaret Hauth presented the Resolution to the Board for their
consideration.
Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board
moved to approve the Resolution approving the Consolidated Housing Plan Annual Update and
the 1997-98 Program Design by a vote of 5-0. The motion was declared passed. A copy of the
Resolution is hereby made a part of these minutes as Attachment IX.E,
F. Second reading of ordinance to change multi-family housing density from 6 to 9
units per acre.
Planning Director Hauth presented the second reading of an ordinance to change the
multi-family housing density from 6 to 9 units per acre and reminded the Board of their previous
3-1 vote. Again, by consensus, the Board excused Commissioner Simpson from voting on this
Issue.
After some discussion, and upon a motion by Commissioner Smith, seconded by
Commissioner Chavious, the Board moved to approve the ordinance to change multi-family
housing density from 6 to 9 units per acre by a vote of 3-1 with Commissioners Smith, Chavious,
and Lloyd voting Aye; and Commissioner Martin voting Nay.
x.
REPORTS
A. Interlocal Agreement regarding Landfill Reorganization
Town Manager Swanson reported to the Board on the Interlocal Agreement regarding
Landfill Reorganization. He noted the purpose of this Agreement is to set forth the parties'
agreement to transfer operational control to the County of the solid waste management system
serving residents of the County and the Towns, and to establish the terms for the management of
such solid waste management system under which the Towns will participate in formulating solid
waste management policy for their own residents and for Orange County as a whole.
B. Youth Summit
Manager Swanson reported on the recently held Youth Summit. The Summit was
attended by approximately 27 teens, 2 parents, and 11 concerned citizens. Swanson reviewed the
minutes of the Summit with the Board.
Commissioner Lloyd requested that the Board consider making a decision at this meeting
on the ordinance amendment which would prohibit skateboarding/skating within the business
district but would allow cyclists, wheelchairs, and strollers to be used.
5
I
.
.
119
Commissioner Martin made the request for the staff to take the existing ordinance, the
proposed amendments and the information gathered at the Youth Summit and try to draft an
ordinance amendment which would address all of these concerns.
Commissioner Chavious expressed his concerns for skateboarding/skating on Town
property due to liability reasons.
By consensus, the Board directed staff to re-draft the ordinance for consideration at their
Budget Work Session scheduled for May 27, 1997 which would prohibit skateboarding/skating
within the business district but would allow cyclists, wheelchairs, and strollers to be used.
Commissioner Simpson expressed his frustration in the Board's inability to make a
decision and enforce an ordinance on this issue.
C. Status report on enforcement of Section 11 of the Town Code.
Planning Director Hauth updated the Board on the status of solid waste violations which
the Town is enforcing, She indicated that these sites should all be in compliance within 60 days.
XI. CLOSED SESSION
A. Closed Session to discuss a personnel matter,
Upon a motion by Commissioner Lloyd, seconded by Commissioner Smith, the Board
moved to go into Closed Session to discuss a personnel matter by a vote of5-0. The motion was
declared passed.
XII. ADJOURN
Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board
moved to continue the meeting to May 14, 1997 at 7:00 PM in the Police Department Training
Room by a vote of5-0, The motion was declared passed.
~~
Respectfully submitted,
Dorma F. Armbrister, Town Clerk
6
I
.
.
ATTACHMENT IV.A
120
'R~SOL'UrION
J-{ON01UNej T'J-{T MTMOXY OJ
OVTLL j\{JlYO
'WJ-{'E'R:E%,
it has pleased Divine Providence in its omnipotent wisdom to remove
from our midst our friend and faithful servant, Odell Mayo, bringing to an
untimely end a life filled with kindness and courtesy; and
'WJ-{'E'R:E%,
throughout a long career of public service Odell earned the respect,
admiration and high regard of all those with whom he came into contact
and the love and affection of all of high and low degree, who were proud
to call him friend;
'B'E ITTJ-{'E'R:E:faR:E 'R'ESO.Lv'E'D that the Mayor and Town Board of Commissioners
take public and official cognizance of his long and faithful service to the
citizens of this Town, and express to his sorrowing family our sincere
condolences and our deep realization of the loss we have sustained;
'B'E IT YU'RTJ-{TR 'R'ESo.CV'E'D that this Resolution be spread upon the record and that a
copy hereof, properly embossed and inscribed, be transmitted with our
heartfelt sympathy to his bereaved family.
S'EM
orace J{. Johns ,Sr., Mayor
Town of J{i{fsGorough
I
.
.
ATTACHMENT IV.B
121
PROCLAMATION
WHEREAS, on June 1 st, 1997, Americans from all backgrounds will come together in their
communities all across the country to take a Stand for Healthy Children and renew their
community's commitment to improving the quality of our children's lives; and
WHEREAS, on June 1 st, Stand for Healthy Children Day, and beyond, cItIZens, families,
religious congregations, schools, community-based organizations, businesses and political and
cultural groups will join together as a local and national community to recognize the health needs
of our children and rededicate ourselves to addressing them; and
WHEREAS, caring for the health of our children must be top priority for our families, our
community and our nation; and
WHEREAS, this commitment must begin at the local level, where children and families live and
work and have the potential to thrive, and where all citizens, working together can make a
difference in our children's lives.
NOW, therefore, I fI(JR-~ fI- JOfl;J.s6tJ I ~.e I !714t/OK of !-/-; lis bt?/C,~g)-f ,
North Carolina do hereby proclaim June 1st, 1997 as STAND FOR HEALTHY ClllLDREN
DAY in J-h //sP/?RL7tLcg# and urge all citizens to support this day by taking part in local
Stand For Children activities and by dedicating ourselves to the task of improving the health and
quality of life for all our children from this day forward.
WITNESS my hand and corporate seal of 4-j/5.6ttl/Zaagg , North Carolina this
Id./-h DHy O,.c .my /~?7 .
~~ )J ~~~
Governor' s/Mayor' s/ uncil Chair's Signature
ATTACHMENT IV.C
122
, l1JA'll'llONAL JD)lISAiBuri kl'A~ ~
PROCLAMATION
WHEREAS,
WHEREAS,
WHEREAS,
.
disability is a natural part of the hwnan experience and in no way diminishes the
right of individuals with disabilities to live independently, enjoy self
determination, make choices, contribute to society, and experience full inclusion
in the economic, political, social, cultural and educational mainstream of
American society; and
family members, friends, and members of the community can playa central role
in enhancing the lives of people with disabilities especially when the family and
community are provided with necessary support services; and public and private
employers are aware of the capabilities of people with disabilities to be engaged
in competitive work in inclusive settings; and
the goals of the Town properly include providing individuals with disabilities the
opportunities and support to make informed choices and decisions; live in homes
and communities where such individuals can exercise their full rights and
responsibilities as citizens; pursue meaningful and productive lives; contribute to
their family, community, state, and nation; have interdependent friendships and
relationships with others; and achieve full inclusion in society.
NOW, THEREFORE, I, Horace H. Johnson, Sr., Mayor of the Town of Hills borough, do hereby proclaim May
5-12, 1997 as
.
NATIONAL DISABILITIES AWARENESS WEEK
in the Town of Hills borough, and call upon citizens to observe the period between
May 5-12 with appropriate programs and activities; furthermore, I encourage all
citizens to seek counsel and input from any person or group with knowledge and
expertise in matters concerning disabilities.
~~o~~,
T own of Hillsborough
I
.
.
ATTACHMENT IV.D
123
NAIW WEEK
WHEREAS, professional insurance women constitute more than 50
percent of those employed in the insurance industry, and
WHEREAS, the National Association of Insurance Women as its 380
local affiliates are dedicated to the development of
leaders for the insurance industry, and
WHEREAS, NAIW and its affiliates promote personal and professional
development through education, networking and leadership
opportunities to all women in the insurance business, and
WHEREAS, both national and local organizations continually strive
to raise the standards of ethics, consumer education and
customer service throughout the insurance industry and,
WHEREAS, its many local affiliates are engaged in charitable
causes to strengthen and enhance hundreds of communi ties
throughout the United states, Canada and Puerto Rico, and
WHEREAS, professional insurance women have earned recognition for
their many accomplishments in the economically vi tal
insurance industry;
NOW, THEREFORE, I, Horace H. Johnson, Sr. do proclaim May 18
through 24, 1997, as NAIW Week, and urge our citizens to
do honor to the women who are performing such important
and di verse roles throughout the risk and insurance
industry;
IN WITNESS THEREOF, I have hereunto set my hand and caused the
official Seal of the ~ownlof Hillsborough to be affixed
this ~1.jA day of 6fi/l~/Jd2t)M5 /J- , 1997.
SEAL
~)/-~~.
Horace H. JohHson, Sr., Mayor
Town of Hillsborough
I
.
.
ATTACHMENT IV.B
124
PROCLAMATION
WHEREAS, on June 1st, 1997, Americans from all backgrounds will come together in their
communities all across the country to take a Stand for Healthy Children and renew their
community's commitment to improving the quality of our children's lives; and
WHEREAS, on June 1 st, Stand for Healthy Children Day, and beyond, CItIzens, families,
religious congregations, schools, community-based organizations, businesses and political and
cultural groups will join together as a local and national community to recognize the health needs
of our children and rededicate ourselves to addressing them; and
WHEREAS, caring for the health of our children must be top priority for our families, our
community and our nation; and
WHEREAS, this commitment must begin at the local level, where children and families live and
work and have the potential to thrive, and where all citizens, working together can make a
difference in our children's lives.
NOW, therefore, I f/OR-14CE #. Jofl/IJstJ,V I ~e. I !71t;VO,e of ;-/-j//sbt?/Ccut]J-f
North Carolina do hereby proclaim June 1st, 1997 as STAND FOR HEALTHY CHlLDREN
DAY in J./..; //~PR17aSI-J and urge all citizens to support this day by taking part in local
Stand For Children activities and by dedicating ourselves to the task of improving the health and
quality oflife for all our children from this day forward.
WITNESS my hand and corporate seal of ;j,.//S.6~/20aS7# , North Carolina this
aM Dt9y O~ ~ /1'p? .
~<'-'-/ ,f n", f ~---A
GoVemOr'sIMa~air'S Signature
\,
'\
125
RESOLUTION APPROVING THE 1997-98 HOME PROGRAM DESIGN
BE IT RESOLVED, by the Hillsborough'Town Board of Commissioners, that the Commissioners, as members
eOfthe Orange County HOME Consortium. approve the IOllowing activities for the 1997-98 HOME Program.
Site Improvements
Funds would be allocated to Habitat for Humanity, Orange County for site improvements for one (1) lot in Culbreth Park
and five (5) lots in the Efland community to be developed for low income homebuyers. $60,000
Emeri!ency HousiDl! Repair PrOI!r3Jl1
Funds would be available for small emergency repair projects (Le. leaking roofs) for housing occupied by low income
elderly families. $50,000
Neiehborhood Revitalization Homeownership Revolvine Loan Fund
Funds would be used to capitalize a Neighborhood Revitalization Loan Fund to purchase an rehabilitate housing in the
Chapel Hill-Carrboro area for re-sale to very low to low income families. $60,000
Acauisition
Funds would be used to assist the Orange-Person-Chatham Mental Health Association with the purchase and necessary
renovation of dwellings for rental occupancy by severely and persistently mentally ill Orange County residents.
$40,000
HousiDl! Rehabilitation
Funds would provide deferred loans to rehabilitate low income owner-occupied and rental housing units. Homeowners
with less than 60% of median income would be eligible for these loans. $131,100
.Program Administration
$37,900
TOTAL PROGRAM FUNDS
$379,000
BE IT FURTHER RESOLVED, that the Manager is hereby designated as the authorized representative of the
Town to act in connection with the submission of this revision and to provide such additional information as may be
required by the V,S. Department of Housing and Urban Development.
This the 12th day of May 1997.
~ )/~~ -A.
Horace . Johnson, Sr,
Mayor
NORTH CAROLINA
ORANGE COUNTY
I, Donna F. Armbrister, hereby certify that the foregoing is a true and accurate copy of the resolution duly adopted by
the Board of Commissioners of the Town of Hillsborough, NC, at the meeting held May 12, 1997 at 7:30 PM at the
Town Hall in the Town of Hillsborough.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused the official corporate seal of said Town to be
affixed, this the 13th day of May, 1997.
.
SEAL
~d~
Donna F. Armbrister
Town Clerk
..
"
ATTACHMENT IX.B
.126
I
A regular meeting of the Board of Commissioners of the Town
of Hillsborough, North Carolina, was held at the Hillsborough
Town Hall Complex, in Hillsborough, North Carolina, the regular
place of meeting, on Monday, May 12, 1997, at 7:30 P.M.
Present: Mayor Horace Johnson, presiding, and Commis-
sioners ~/J.&t &h'$ms: &ml/~ {.~/;Ih. hAAbJ$~/l/
B61p/ /AyJJ / MJJ ~//j.~ 4/~A/'
Absent: -&--
*
*
*
*
*
Mayor Johnson introduced the following resolution, a copy of
which had been provided to each member of the Board of
Commissioners, which resolution was read by title and summarized
. by the Town Manager:
RESOLUTION PROVIDING FOR THE ISSUANCE OF
$2,500,000 GENERAL OBLIGATION WATER BOND ANTICIPATION NOTES
BE IT RESOLVED by the Board of Commissioners of the Town of
Hillsborough:
Section 1. The Board of Commissioners has determined and
does hereby find and declare:
(a) That an order authorizing not exceeding $5,800,000
Water Bonds of the Town of Hillsborough, North Carolina (the
"Town") was adopted by the Board of Commissioners on September
16, 1993, which order was approved by the vote of a majority of
the qualified voters of the Town who voted thereon at a
referendum duly called and held on November 2, 1993.
.
(b) That 'none o~ said Water Bonds has been issued, that
$2,500,000 notes have been issued in anticipation of the receipt
2/449063.1
'"
I
.
.
127
of the proceeds of the sale of a like amount of said Water Bonds,
which notes are dated October 29, 1996 and mature on July 16,
1997, and that it is necessary to issue $2,500,000 notes at this
time in anticipation of the receipt of the proceeds of the sale
of a like amount of said Water Bonds, the proceeds of which notes
will be applied to the payment of said outstanding notes.
(c) That (i) the Town is a governmental unit with general
taxing powers, (ii) no note which is part of the issue of notes
described in Section 2 hereof is a private-activity bond, as
defined in the Internal Revenue Code of 1986, as amended (the
"Code"), (iii) 95 percent or more of the net proceeds of said
notes are to be used for local governmental activities of the
Town, (iv) the aggregate face amount of all tax-exempt
obligations (other than private-activity bonds) issued by the
Town and all subordinate entities thereof during calendar year
1997 is not reasonably expected to exceed $5,000,000 and (v) to
the best of the Town's knowledge, there are no subordinate
entities of the Town.
Section 2. In anticipation of the receipt of the proceeds
of the sale of a like amount of said Water Bonds, the issuance of
$2,500,000 negotiable notes of the Town is hereby authorized,'
which notes shall be designated "General Obligation Water Bond
Anticipation Notes" (the "Notes"), shall be dated July 15, 1997,
shall mature on February 25, 1998, without option of prior
payment; and shall bear interest at a rate to be determined by
the Local Government Commission of North Carolina at the time the
2/449063.1
2
11
128
tit Notes are sold, which interest shall be payable at the maturity
of the Notes and shall be 'calculated on the basis of a 360-day
year consisting of twelve 30-day months. No interest coupons
shall be attached to the Notes. The Notes shall be payable as to
both principal and interest at such bank or trust company, shall
be in such denomination or denominations not less than $100,000,
and shall bear such number or numbers as may be fixed by the
Mayor after the award of the Notes by the Local Government Com-
mission of North Carolina, and both the principal of and the
interest on the Notes shall be payable in any coin or currency of
the United States of America which at the time of payment is
legal tender for the payment of public and private debts.
.
Section 3. The Notes shall be signed by the Mayor and the
Town Clerk, and the corporate seal of the Town shall be impressed
thereon. The form of the Notes and the endorsements to be placed
upon the reverSe thereof shall be substantially as follows:
No.
$
United States of America
State of North Carolina
County of Orange
TOWN OF HILLSBOROUGH
General Obliqation Water Bond Anticipation Note
The Town of Hillsborough (the "Town"), a municipal
corporation in Orange County, North Carolina, is justly indebted
and for value received hereby promises to pay to the bearer on
.
the 25th day of February, 1998 the principal sum of
DOLLARS
2/449063.1
3
I
.
.
129
and to pay interest thereon from the date hereof, calculated on
the basis of a 360-day year consisting of twelve 30-day months,
at the rate of per centum (____%) per annum, payable upon
the presentation and surrender of this note at its maturity.
Both the principal of and the interest on this note are payable
at , in
, in any coin or currency of the United States of
America which at the time of payment is legal tender for the
payment of public and private debts. For the prompt payment
hereof, both principal and interest as the same become due, the
faith and credit of the Town are hereby irrevocably pledged.
This note is given for,mpney 'borrowed in the amount of
the face of this note in anticipation of the receipt of the
proceeds of the sale of a like amount of Water Bonds, duly
authorized by an order adopted by the Board of Commissioners of
the T~wn on September 16, 1993, which order was approved by the
vote of a majority of the qualified voters of the Town who voted
thereon at a referendum duly called and held on November 2, 1993,
and this note is issued pursuant to and in full compliance with
The Local Government Bond Act, as amended, Article 9, as amended,
of Chapter 159 of the General Statutes of North Carolina and a
resolution duly passed by said Board of Commissioners.
It is hereby certified and recited that all acts,
conditions and things required by the Constitution and laws of
North Carolina to happen, exist and be performed precedent to and
in the issuance.of this note have happened, exist and have been
2/449063.1
4
I
.
.
13..0
performed in regular and due form and time as so required and
that the total indebtedness of the Town, including this note,
does not exceed any constitutional or statutory limitation there-
on.
IN WITNESS WHEREOF, the Town, pursuant to a resolution of
its Board of Commissioners, has caused this note to be signed by
its Mayor and its Town Clerk and the corporate seal of the Town
to be impressed hereon, all as of the 15th day of July, 1997.
~ f{.~--," ~,
Mayor
4Z~4~~
Town Clerk
[To be endorsed upon reverse of notes]
Local Government
Commission Serial No. .....
The issuance of this note has been approved under the
provisions of The Local Government Bond Act of North Carolina.
ROBERT M. HIGH
Secretary, Local Government Commission
By
Designated Assistant
Section 4. The actions of the Town Manager in applying
to the Local Government Commission of North Carolina to approve,
advertise and sell the Notes and the Local Government Commission
of North Carolina in asking for bids for the Notes by publishing
2/449063.1
5
I
.
.
131
a notice and printing and distributing circulars relating to the
sale of the Notes are hereby approved, ratified and confirmed.
Section 5. The Town covenants that, to the extent permitted
by the Constitution and laws of the State of North Carolina, it
will comply with the requirements of the Internal Revenue Code of
1986, as amended (the "Code"), except to the extent that the Town
obtains an opinion of bond counsel to the effect that non-
compliance would not result in interest on the Notes being
includable in the gross income of the owners of the Notes for
purposes of federal income taxation.
Section 6.. The Town hereby represents that it reasonably
expects that it and all subordinate entities thereof will not
issue in the aggregate more than $10,000,000 of tax-exempt
obligations (not counting private-activity bond except for
qualified 501(c) (3) bonds as defined in the Code) during calendar
year 1997. In addition, the Town hereby designates each of the
Notes as a "qualified tax-exempt obligation" for the purposes of
Section 265(b) (3) of the Code.
Section 7. This resolution shall take effect upon its
passage.
Thereupon commissioner~i~
moved the passage of
the foregoing ~esolution entitled: "RESOLUTION PROVIDING FOR THE
ISSUANCE OF $2,500,000 GENERAL OBLIGATION WATER BOND ANTICIPATION
NOTES", and Commissioner /Jorl seconded the motion,
and the resolution was passed by the following vote:
Ayes : commissioner~;~, J./t;f/~ /J/Ad~ ,1;',P5/J/!, qJ, &/.lJ//il$
21449063.1
6
I
.
.
132
Noes:
-r9-
*
*
*
*
*
/Hm1Ji?}s1e7C.
I, Donna F.~, Town Clerk of the Town of
Hillsborough, North Carolina, DO HEREBY CERTIFY that the
foregoing is a .true copy of so much of the proceedings of the
Board of Commissioners of said Town at a regular meeting held on
May 12, 1997 as relates in any way to the passage of a resolution
providing for the issuance of $2,500,000 General Obligation Water
Bond Anticipation Notes of said Town and that such proceedings
are recorded in Minute Book No; ~
of the minutes of said
Board, beginning at page ~ and ending at page ~
I HEREBY FURTHER CERTIFY that a schedule of regular
meetings of said Board, stating that regular meetings of said
Board are held in the Hillsbor?ugh Town Hall Complex, in
Hillsborough, North Carolina, on the second Monday of each month
at 7:30 P.M., has been on file in my office as of a date not less
than seven days before the date of said meeting in accordance
with G.S. ~143-318.12.
2/449063.1
7
I
.
.
133
WITNESS my hand and the corporate seal of said Town,
this ~ day of May, 1997.
~~~6
. Town Clerk
[SEAL]
2/449063.1
8
I
.
.
134
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 rezone 11.9 acres
on the west side of NC 86 North (tax map 4.5.A.6 part) from Residential-40 to
Residential-lO.
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 May, 1997.
Ayes: S-
Noes: --t}-
Absent or Excused: -e-
I
.
.
135
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 2.
Section 3,
Section 4,
Section 5.
Section 6,
Section 7.
Section 8.
Section 9.
Section 10,
The Section 8 of the Zoning Ordinance of the Town of Hillsborough is hereby
amended as follows:
Section 8.2, add the following sentences at the end: "The definition of "sign" also
includes those messages inside a building specifically oriented to persons outside the
building. The provisions of this section do not apply to window displays of
merchandise. "
Section 8.7 .d, delete the word ''freestanding'' from the first sentence.
Section 8.7.h, add the following as a new subsection: "Within the CC district, neon
signs shall not be permitted. For purposes of this subsection, the term "neon sign"
includes all signs in which illuminated tubing constitutes or forms all or part of the
message of the sign, as well as signs in which the message area of the sign is outlined,
underlined, or otherwise highlighted by illuminated tubing."
Section 8.11.c, delete "CC" from the list of affected districts.
Section 8.11.d, add the following as a new subsection: "In the CC districts, the
maximum sign surface area shall be 3% of the building facade area or 32 square feet,
which ever is lower. This limit shall apply to all wall mounted sings, including
exterior, interior, awning, and hanging types. "Facade" shall include all planes facing
the same direction regardless of structural offsets. "Building" shall be determined by
property boundaries unless information is provided about interior fire walls dividing
a structure into multiple components."
Section 8.12.d, delete "CC" from the list of affected districts.
Section 8.12.e, add the following as a new subsection: "With respect to lots in the
CC district, regardless of street frontage available, in no case may a single side of a
freestanding sign exceed 32 square, and in no case may a sign that has no discernable
sides exceed a total of 32 square feet."
Section 8.14.d, add the following sentence at the end of the subsection: "In the CC
districts, non-exempt signs shall be limited to a height of 6' measured from the ground
level. "
All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 11, 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 May, 1997,
Ayes: S-
Noes: -CJ
Absent or Excused:
-e-
~~~
Donna F. Armbrister. Town Clerk
ATTACHMENT IX.D
, 136
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
The Section 5.31.2.a of Zoning Ordinance of the Town of Hillsborough is hereby
amended by replacing the number 7,260 square feet with 4,840 square in both
instances where the number appears.
Section 2.
All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 3.
This ordinance shall become effective upon adoption.
The foregoing ordinance having been submitted to a vote, received the following vote on the
14th day of April:
Ayes: 3
Noes: 1
Absent or Excused: 1
Second reading, 12th day of May, 1997.
Ayes: 3
Noes: ,
Absent or Excused:
This ordinance was duly ~
this 12th day of May, 1997,
~~
Donna F. Armbrister, Town Clerk
I
.
.