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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 . .