HomeMy Public PortalAbout10-13-1997 Regular Session
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MINUTES
HILLSBOROUGH TOWN BOARD
October 13, 1997
7:30 PM, Town Office Complex
The Hillsborough Town Board met in regular session on October 13, 1997 at 7:30 PM in the Town
Office Complex. Present for the Board Meeting were Mayor Horace Johnson, Commissioners Kenneth
Chavious, Evelyn Lloyd, Catherine Martin, Richard Simpson, and Remus Smith. Staff present were Interim
Town Manager Sherry Carter, Town Engineer Tom Hartye, Police Chief Nathaniel Eubanks, and Planning
Director Margaret Hauth.
Mayor Horace Johnson called the meeting to order at 7:35 PM.
I. PUBLIC CHARGE
Mayor Johnson read the Public Charge.
II. ADDING ITEMS TO THE PRINTED AGENDA
Interim Manager Carter brought a memo from Chapel Hill Manager Cal Horton regarding the landfill
item to the Board's attention and noted that Item XI.B.l is to be deleted. She asked the Board to discuss
water restrictions during the Engineer's report. She asked the Board to change the closed session topic from
potential litigation to a personnel issue.
III.
AUDIENCE COMMENTS
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Jim Boericke, Allan Gurganus, and Jennifer Miller asked to speak to item 9a.
IV. RESOLUTION AND PROCLAMATION
Mayor Johnson read a resolution in memory of Jack Moore and presented it to Mr. Moore's two sons.
The Board members individually expressed their condolences to the family.
Mayor Johnson read a proclamation regarding World Population Awareness Week.
V. APPROVAL OF THE MINUTES OF THE SEPTEMBER 8.9.11 .12 .15 .18 . AND 22 TOWN
BOARD MEETINGS
Upon a motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Board moved to
approve the September 8,9,11 ,12,15,18, and 22 meeting minutes as written by a 5-0 vote. The motion
was declared passed.
VI. INFORMATIONAL
Chairman ofthe Orange County Board of Commissioners Bill Crowther and Budget Director DQnna
Dean distributed information about the upcoming bond referendum. They answered questions about portions
. of the package. Chairman Crowther urged the Town Board and the public to support the entire bonq
package.
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VII. REPORT FROM THE INTERIM TOWN MANAGER
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Interim Manager Carter reported on the status of non-agenda items. The Board agreed to delay the
enforcement of removal of items in the cemetery until February. Commissioner Smith suggested that
citizens be given flexibility to place more decorative items on grave sites during the non-mowing season with
the understanding the Town staffwill remove them in the spring. By consensus, the Board directed staff
to prepare an ordinance amendment to allow this flexibility. Commissioner Simpson asked about the parking
signs on Margaret Lane. Interim Manager Carter reported that they have been installed.
VIII. REPORT FROM THE TOWN ENGINEER
Mayor Johnson announced that the Town has been awarded a $254,000 grant to secure property
along the Eno River through the Clean Water Management Trust Fund. Town Engineer Hartye explained
that the land secured will help the Town meet its mitigation requirements for the reservoir. Engineer Hartye
presented his status report of on-going projects.
IX. REPORTS
A. Scotswood Contiguous Annexation Report.
Mayor Johnson asked the Board members' preference to hear from staff or Mr. Mersereau first
regarding Scotswood. The members agreed to hear from Mersereau first. Mersereau distributed tables
containing his analysis ofthe impact of annexing Scotswood on the Town's finances. Commissioner Smith
asked what qualifications Mersereau has. He responded he is a retired engineer. He said his conclusion is
that the Town would lose money by annexing the development due to the costs of providing the area with
services. Mersereau presented petitions with 142 signatures opposing the annexation.
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Interim Manager Carter presented the staff report detailing two options for making the development
contiguous to existing Town Limits. She highlighted the assumptions in the report and noted those things
that were held constant. Commissioner Chavious asked whether the Water Fund could borrow money from
the General Fund and vice versa if necessary. Interim Manager Carter said yes, but such borrowing
negatively impacts the Town's credit and bond ratings.
Jim Boericke spoke in opposition to the annexation. He noted that attempting to provide services
to a development of this scale when the Town is routinely faced with water restrictions is irresponsible.
Allan Gurganus spoke in opposition to the annexation. He said that a development of this size will
ruin Hillsborough's small town feel, which is why he moved here. He added that residents of Scots wood
won't shop downtown or participate in Town functions except to require services.
Jennifer Miller spoke in opposition to the annexation. She agreed with the previous speakers and
added traffic congestion in the area as another negative aspect.
George Horton asked to speak and asked the board why they were allowing so much public comment
outside of a public hearing process. Mayor Johnson responded by saying citizens can come to any meeting
and ask to speak on a topic on the agenda and the Board has routinely allowed this. He added that people
sign up at the beginning of the meeting to speak. Horton asked that himself, Craig Lloyd, and Alex
Hernandez be added to the speakers list.
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Craig Lloyd spoke in favor of annexing the development. He said the Chamber is contacted often
by people looking to locate in Hillsborough and this development would increase their options. He also
spoke in support of the soccer development proposed nearby on property formerly included in the
development.
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Horton spoke in favor of annexing the development. He said he is one of the developers and
reminded the Board members that the report prepared by the Town's staff showed significant revenues to
accrue to the Town if the development is annexed. Horton added that he asked Hernandez to come and
speak about the potential impact a soccer development would have on the town's economy.
Hernandez briefly described the soccer program run by his organization, its expanding membership,
its limited facilities, and the economic impact tournaments usually generate. Commissioner Martin asked
if there was a reason the soccer facility could not be developed ifScotswood remained outside the city. No
answer was offered.
Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board moved to end
consideration of annexing the Scotswood development. The vote was 2-3, with Commissioners Chavious,
Simpson, and Smith voting no. The motion failed.
Upon a motion by Commissioner Smith, seconded by Commissioner Simpson, the Board moved to
conduct further study on the annexation request. The vote was 3-2, with Commissioners Lloyd and Martin
voting no. The motion was declared passed.
Commissioner Martin clarified her position on the issue by stating she is not in favor of annexing
. the development as either a satellite or a contiguous development.
Commissioner Smith asked that the staff determine the cost to provide water and sewer service to
the properties which connect Scotswood to Town, using the two routes studied and to determine who will
pay for the extension. Commissioners Simpson and Chavious agreed with that request.
Mayor Johnson called a two minute recess. When the meeting was reconvened, Commissioner
Simpson asked to discuss the manner in which discussion on agenda items was being handled. He expressed
concern about allowing citizens to speak when no hearing had been called and not allowing Board members
to finish speaking before calling a recess. Mayor Johnson explained that allowing citizen comment was
something he added to each Board meeting to provide an open process and that, as chair of the board, he
called a recess to allow citizens to leave when the item was complete. Commissioner Chavious said he had
not finished expressing his view when Mayor Johnson called the recess. He added that he would check on
the ability of a Mayor to call a recess in the middle of a meeting.
B. Fairview Citizens on Patrol Training
Interim Manager Carter presented the proposed budget amendment to purchase two-way radios as
part of the Training program. Commissioner Lloyd expressed her concern that current officers are not
qualified to teach the citizen patrol. Commissioner Simpson noted that there are a number of outside
resources where trainers can be hired from.
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Upon a motion by Commissioner Smith, seconded by Commissioner Martin, the Board moved to
direct the Interim Manager to verify whether outside trainers will be needed and to approve the budget
amendment by a vote of 5-0. The motion was declared passed.
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C.
Parks and Recreation Board concerning Occoneechee Mountain Park
Parks and Recreation Board Chair Wendy Olson presented the board's report on Occoneechee
Mountain to the Town Board. She noted the Town's exposure to risk once the park is formally opened and
the serious need for designated park staff. Commissioner Martin asked that a written job description be
drafted for the Board's consideration during the coming budget process. Mayor Johnson asked about the
expenditure of the state grant funds and how the project is progressing. Olson noted that since volunteers
are doing all the work, the project is progressing slowly. Commissioner Smith noted that the Police
Department should be able to assist with opening and closing the park gate and some patrol of the park
currently.
X. ITEMS FOR DECISION - CONSENT AGENDA
A. Approval of Enforcement of delinquent Business Licenses as recommended by the Deputy
Tax Collector.
B. Approval oflist of streets to be resurfaced/paved during the 1997-98 Fiscal Year.
C. Approval to change the November 1997 Board meeting to November 17, 1997.
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.
. XI.
ITEMS FOR DECISION - REGULAR AGENDA
A. Consideration of Priority List for 1999-2005 Transportation Improvement Plan.
Planning Director Hauth noted that NCDOT staff have not yet completed the feasibility study for
Elizabeth Brady Road, but the project is still considered viable. She added that the South Churton Street
project is simply an investigation of alternatives to relieve congestion south of the river. Mayor Johnson
asked about the public hearing before the Board of Transportation. Hauth said the date has been changed
to November 10 in Jamestown, but attendance is not required as our request is made through the regional
organization in Durham. Mayor Johnson expressed his opinion that attending the hearing is important.
Upon a motion by Commissioner Smith, seconded by Commissioner Chavious, the Board moved to
submit the Priority List as written and not send a representative to the hearing by a vote of 5-0. The motion
was declared passed.
B. Consideration ofLap4ftll Interlocal Agreement.
Interim Manager Carter asked the Board members to confIrm their availability for the meetings
regarding the landfill selection. Commissioner Smith said he would not be available for the meeting on
October 22. Mayor Johnson updated the members on the selection progress and highlighted the memo from
. Chapel Hill manager Cal Horton.
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Upon a motion by Commissioner Smith, seconded by Commissioner Simpson, the Board moved to
approve the dates of October 22, November 20, and November 24 as special meetings relating to the landfill
by a 5-0 vote. The motion was declared passed.
. Commissioner Smith asked staff to investigate the distance a landfill must be from the city limits.
C. Approve resolution to contract with the Department of Transportation for the reinspection
and analysis of all public bridges on the Town's municipal street system.
Interim Manager Carter said this contract is for the inspection of the Exchange Park Lane bridge
only.
Upon a motion by Commissioner Smith, seconded by Commissioner Chavious, the Board moved to
adopt the resolution establishing a contract with the Department of Transportation by a 5-0 vote. The motion
was declared passed.
D. Consideration of request from Highwoods Mobile Home Park to tie-into the Town's sewer
system.
Engineer Hartye explained the current situation in Highwoods and the management's request for
relief from Town policies not allowing pump stations when gravity service is available and not allowing
private pump stations. He noted that some of the extension would have to be force main regardless and
likened this circumstance to the one experienced by Tony Laws. Craig Morgan spoke on behalf of the Park's
management.
. ' Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board moved to
allow the tie-in with the condition that the pump station be dedicated to the town and the appropriate fees
paid by a vote of 5-0. The motion was declared passed.
E. Authorize the Town Engineer to approve/disapprove request for fire hydrant location.
Engineer Hartye explained the request received from Mr. Hey linger relating to the relocation of a
hydrant on Webb Street. He also explained the difficulty with the request. By consensus the Board agreed
to allow Engineer Hartye to deny the request for relocation.
F. Designate a voting delegate for the North Carolina League of Municipalities conference
Mayor Johnson and Commissioner Chavious are attending.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Smith, the Board moved to
designate Mayor Johnson as the voting delegate by a 5-0 vote. The motion was declared passed.
XlI. CLOSED SESSION
A. Closed Session for the purpose of discussing a personnel matter.
. Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board move~ ~o go
into Closed Session to discuss a personnel matter by a vote of 5-0. The motion was declared passed.
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XIII. ADJOURN
Upon a motion by Commissioner Simpson, seconded by Commissioners Smith, the Board moved
to adjourn the meeting by a vote of 5-0. The motion was declared passed.
Respectfully submitted,
M~gWcl~;'~
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