HomeMy Public PortalAbout11-17-1997 Regular Session
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MINUTES
IDLLSBOROUGH TOWN BOARD
November 17, 1997
7:30 P.M., Town Office Complex
The Hillsborough Town Board met in Regular Session on November 17, 1997 at 7:30
P.M. 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 Town Manager Eric Peterson, Finance Director Sherry Carter,
Town Engineer Tom Hartye, Police Chief Nathaniel Eubanks, Town Clerk Donna Armbrister
and Planning Director Margaret Hauth.
Mayor Horace Johnson called the meeting to order at 7:32 P.M..
1. PUBLIC CHARGE
Mayor Johnson read the Public Charge.
II. ADDING ITEMS TO THE PRINTED AGENDA
Mayor Johnson added to the printed Agenda as Added Item IV.B a presentation of a
Certificate of Appreciation to the Mayor. He also added as Added Item XI as the first report, a
report on Occoneechee Mountain Park.
III.
AUDIENCE COMMENTS
A. Matters on the printed Agenda
Mr. Alois Callemyn requested to be allowed to speak to Item IX.D at that time. The
Board approved this request.
B. Matters not on the printed Agenda
Mr. Lee Stem requested to address the Board regarding his water bill. This was added as
Added Item VlI.B.
IV. RESOLUTIONS
A. Resolution in Memory of Paul Martin
Mayor Johnson read and presented to the family and friends of Paul Martin a Resolution
in his memory. A copy ofthe Resolution is hereby made a part of these minutes as Attachment
IV.A.
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ADDED ITEM B. Presentation by the Home Health Association
Representatives from the Home Health Association presented Mayor Horace Johnson
with a Certificate of Appreciation for the support he has given to the home health industry.
V. APPROVAL OF THE MINUTES OF THE SEPTEMBER 29 AND OCTOBER 13.
1997 TOWN BOARD MEETINGS
Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board
moved to approve the minutes of the September 29,1997 and October 13,1997 Town Board
meetings as presented by a vote of 5-0. The motion was declared passed.
VI. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson reported that he has been in contact with NCDOT and has
been informed that within the next several weeks the remainder of the signage ,md their
ordinances should be completed and they will forward a copy to the Town. At that time, we can
proceed with the Town ordinances which will be necessary.
The Board directed Planning Director Margaret Hauth to obtain a copy of the appropriate
Ordinance.
Manager Peterson stated to the Board that he is aware of their desire to have some type of
formal system in place to track the progress of Board requests. He assured them that this is an
issue that he will be working on as a top priority.
Manager Peterson stated that he was pleased to be working for the Town and thanked the
Board and staff for all their support.
VII. REPORT FROM THE TOWN ENGINEER
Town Engineer Tom Hartye presented a status report on all current water and sewer
projects.
A. Request for town to take over the Northside Mobile Home Park Lift Station
Engineer Hartye presented a proposed contract between the Town and C.A. Laws for the
Town to accept the subject sewage lift station for ownership and maintenance. Hartye reported
that after an inspection of the station by the Town and after receiving the previously requested
information on the station, he, Mr. Laws, and Tony Whitaker met to negotiate the terms of the
agreement. Mr. Laws, by this contract, agrees to execute and record the easement, pay
$13,286.00 for the Perpetual Maintenance Fee, extend the gravel road to the entrance of the lift
station, and provide a new spare pump to the Town. All of these conditions shall be completed
prior to December 1, 1997 on which date the Town would be prepared to take over the station.
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Engineer Hartye stated that it is his opinion that the terms and conditions set fOlth in the proposed
contract are reasonable and prudent under the circumstances.
Commissioner Smith asked Engineer Hartye ifhe recommends approval of the contract
and Hartye responded yes.
Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board
moved to authorize the Town Manager to execute the contract for the Town to take over the
Northside Mobile Home Park Lift Station by a vote of 5-0. The motion was declared passed.
ADDED ITEM VII.B.
Mr. Lee Stem
Mr. Lee Stem addressed the Board with the concern that he was being doubled billed on
his water bill.
Mayor Johnson explained that there is a state law which allows municipalities dealing
with utilities to bill out-of-town customers twice the rate of in-town residents. Mayor Johnson
asked Mr. Stem if this answered his concern and he responded yes.
VIII. ITEMS FOR DECISION - CONSENT AGENDA
A. Approval of 1998 Town Board Meeting Schedule
B. Reschedule December Board Meeting from December 8th to the 15th
The Board noted a date error on the 1998 Town Board Meeting Schedule that the May
19th meeting would be on a Monday not Tuesday.
Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board
moved to approve the Consent Agenda as presented including the above-mentioned change by a
vote of 5-0. The motion was declared passed.
IX. ITEMS FOR DECISION - REGULAR AGENDA
A. Consideration of Paving Bids
Town Manager Eric Peterson informed the Board that at the time of the November 14,
1997 bid opening only two (2) bids had been received. According to General Statutes a
minimum of three (3) bids must be received on the first advertising so the request for bids has
been re-advertised and the bids will be opened on Monday, November 24,1997 at 2:00 P.M. in
the Town Clerk's office.
By consensus, the Board called a Special Meeting on Tuesday, November 25, 1997 at
9:00 A.M. to be held in the Police Department Training Room to consider the paving bids.
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B. Consideration of Memorandum of Agreement for Providing Coordinated Site and
Facility Planning
. Town Manager Peterson informed the Board that the Orange County School and Land
Use Committee is attempting to expand their charge to increase coordination between the
different municipalities and County agencies regarding facility planning. Peterson explained that
the Agreement is intended to promote intergovernmental cooperation with regard to sharing
facilities, costs and services. Peterson stated that from the draft Agreement and his discussion
with Orange County Manager John Link, the Agreement is non-binding and would not "tie the
hands" of the Town.
Upon a motion by Commissioner Smith, seconded by Commissioner Martin, the Board
moved to accept the Memorandum of Agreement for Providing Coordinated Site and Facility
Planning and authorized the Town Manager to execute the Agreement by a vote of 5-0. The
motion was declared passed.
C. Consideration of revision of Emergency Management Mutual Aid Agreement with
the League of Municipalities
Town Manager Peterson explained that this Agreement is a good template Emergency
Management Agreement. Ifthe Town ever has a problem or if someone else is ever in need of
assistance the Agreement is a binding legal document which outlines how things will operate and
it increases the probability of being reimbursed from FEMA for disaster expenses.
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Upon a motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Board
moved to accept the revision of the Emergency Management Mutual Aid Agreement with the
League of Municipalities and authorized the Town Manager to execute the Agreement by a vote
of 5-0. The motion was declared passed.
D. Consideration of Cornwallis Hills citizen request for two (2) stop signs for
Lafayette Drive at the intersection of Sweet Gum Drive
Mr. Ed Gill appeared before the Board representing the Cornwallis Hills Property Owners
Association to request the installation of two (2) stop signs for the intersection of Lafayette Drive
and Sweet Gum Drive. Mr. Gill noted that the residents are having a problem with traffic
coming through Lafayette Drive too fast and the home owners hope that installing additional stop
signs will ease the problem.
The Board directed staff research the options of installing either speed bumps or
additional stop signs and to bring back to the December Board Meeting a recommendation and
draft Ordinance for the Board's consideration.
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E. Consideration of amendment to Chapter 12 of the Town Code on Open Burning
Finance Director Sherry Carter presented the amendment for the Board's consideration.
She explained that during the recent water restrictions the Town has received requests for
Burning Permits and the Ordinance did not speak to this issue. This amendment would allow
Burning Permits to be denied during water restrictions.
Commissioner Chavious requested that the second and third paragraphs of the draft
Ordinance be combined to eliminate redundancy and that the words "business property" be
changed to "any property."
Upon a motion by Commissioner Smith, seconded by Commissioner Lloyd, the Board
moved to approve the amendment to Chapter 12 of the Town Code on Open Burning
incorporating the aforementioned changes by a vote of 5-0. The motion was declared passed.
F. Consideration of amendment to Chapter 13 of the Town Code on the Cemetery
Finance Director Sherry Carter presented the amendment for the Board's consideration.
She reminded the Board that at the October meeting they had requested that fences, borders,
pictures, toys, handmade ornaments, or any other self-described memoriam not be allowed in the
Town Cemetery during mowing season. Therefore, the proposed amendment would not allow
these items between the first day of March and the last day of October each year.
Upon a motion by Commissioner Smith, seconded by Commissioner Martin, the Board
moved to approve the amendment to Chapter 13 of the Town Code on the Cemetery as presented
by a vote of 5-0. The motion was declared passed.
G. Consideration of amendment to Chapter 5 of the Town Code on Indecent
Exposure
Finance Director Sherry Carter presented the amendment to Chapter 5 of the Town Code
to include a section on Indecent Exposure for the Board's consideration. Carter stated that this
amendment is in response to the Board's request at the October Board Meeting.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Simpson, the Board
moved to approve the amendment to Chapter 5 ofthe Town Code to include this section on
Indecent Exposure as presented by a vote of 5-0.
Commissioner Chavious noted that the Town Code addresses the issue of carrying
concealed handguns in Town owned facilities but questioned the issue of non-concealed
weapons. Commissioner Chavious requested that the Town Manager investigate this issue.
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H. Consideration of Preliminary Plan for Hart's Mill, a 31 lot subdivision on NC 86
North across from Gov. Burke Road
Planning Director Margaret Hauth presented a preliminary subdivision plan for Hart's
Mill Subdivision for the Board's consideration. Planning Director Hauth described the
subdivision as an RIO cluster. Hauth reported that the Planning Board has reviewed the
preliminary subdivision plan twice and recommended approval subject to the Town Engineers
conditions. Hauth explained this would entail a three party sewer extension agreement with the
developers of Governor's Downs, Hart's Mill, and the Town for off site sewer improvements.
Upon a motion by Commissioner Smith, seconded by Commissioner Chavious, the Board
moved to approve the Preliminary Plan for Hart's Mill, a 31-10t subdivision on NC 86 North
across from Governor Burke Road as presented by a vote of 5-0. The motion was declared
passed.
Commissioner Smith recommended that in the future the Planning Department investigate
eliminating cul-de-sacs from subdivisions to allow for easier egress.
X. APPOINTMENTS
A. Discussion on potential nomination to fill vacancy on Orange County Economic
Development Commission as representative for Hillsborough
The Board directed the Town Clerk Donna Armbrister to advertise for volunteers to serve
as a representative for Hillsborough on the Orange County Economic Development Commission.
The Board also directed the Planning Director Margaret Hauth to contact all persons who
have submitted volunteer applications to her to check for their interest in serving as
Hillsborough's representative.
B. Appoint new member and alternate or reaffirm current appointments to the
Transportation Advisory Committee (T AC)
After some discussion and by consensus, this Item was tabled to the December 15, 1997
meeting.
C. Reappoint Steven Burke to the Historic District Commission for his second term
ending November 2000
Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board
moved to reappoint Steven Burke to the Historic District Commission for a second term ending
November 2000 by a vote of 5-0. The motion was declared passed.
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XI.
REPORTS
ADDED ITEM XI: Report on Occoneechee Mountain Park
Hervey McIver, Chair ofthe Occoneechee Mountain Park Committee appeared before the
Board and gave a brief update on the progress of the Park. He reported that the parking area
plans are being prepared by Wendy Olsen. Work is also underway to determine the amount of
earth which will need to be moved to make a handicapped picnic table accessible. There will
also be a handicapped accessible trail. The driveway permit has already been approved.
Mr. McIver informed the Board that the next meeting of the Occoneechee Mountain Park
Committee will be on December 8th, 1997 at 7:30 P.M. in the Town Barn.
A. Report on Bikefest '97
Don Belk: appeared before the Board representing the Carolina Tarwheel Cycling Club
and reported on Bikefest '97. He stated that Bikefest '97 had more than 450 riders which is
almost double from last year. Mr. Belk submitted their expense report to the Town Finance
Director along with a reimbursement check of the Tourism Grant Funds they had been awarded.
B. Report on Citizens on Patrol
Police Chief Nathaniel Eubanks informed the Board that an orientation for the Citizens on
Patrol Academy was held on November 4, 1997. He stated that one class session on
"Community-Oriented Policing Problem Solving" led by Sergeant Jacobs and Officer Davis has
also been held. The next class session will be led by Lieutenant Irwin on "Records and 911
Communication" which will entail a trip to the 911 Communications Center.
C. Report on landfill siting in coordination with annexation
Finance Director Sherry Carter stated that this report was in response to a request for this
information from Commissioner Chavious at the October Board Meeting. She discussed with the
Board information she has received from Town Attorney Michael Brough which stated that a
landfill cannot be sited within the Town limits without the Towns permission. The Town could
annex property to prevent a landfill location, but that annexation must take place a minimum of
90 days prior to the time the landfill site is selected.
The Town Board directed the staff to draft an Emergency Annexation Plan for the
Board's consideration at their December 15th meeting.
The Board also directed the staff to contact the property owners in the Site 9 area to seek
their willingness to be annexed. The Board requested a report on this at their December 15th
meeting also.
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D. Update on Scotswood Development
Town Engineer Tom Hartye reported on a letter he has received from the Scotswood
developer George Horton which outlined an estimated expense to install water and sewer
services to the development of$150,000.00.
Commissioner Simpson urged the Board to proceed and call for a Public Hearing on this
annexation.
The Mayor stated that a formal request for annexation with the adjoining property owners
agreement has not been received by the Town at this time, therefore, the Public Hearing cannot
be called.
The Board directed staffto place the Town's Annexation Policy in the Town Code.
XII. CLOSED SESSION
A. Closed Session for the purpose of discussing Real Property Acquisition and
Possible Litigation
Upon a motion by Commissioner Smith, seconded by Commissioner Simpson, the Board
moved to go into Closed Session for the purpose of discussing Real Property Acquisition and
Possible Litigation by a vote of 5-0. The motion was declared passed.
XIII. ADJOURN
Upon a motion by Commissioner Smith, seconded by Commissioner Simpson, The Board
moved to adjourn at 10:00 P.M. by a vote of 5-0. The motion was declared passed.
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Respectfully submitted,
Donna F. Annbrister, Town Clerk
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ATTACHMENT XI. D
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BUDGET AMENDMENTS
DECEMBER, 1997
1. GENERAL FUND
REVENUES:
10-3350-100 Misc./Confiscation ioAGE
BEFORE ADJ.
ADJ.
AFTER ADJ.
$ -0-
$10,422
jl0,422
EXPENDITURES :
10-5100-571 Police-Misc./Drug Buy ioAGE
$ -0-
j10,422
j10,422
To fund receipt of substance abuse taxes and restitution payments.
. GENERAL FUND
REVENUES :
10-3990-000 Fund Balance Appropriated $266,572 $ 1,922 j268,494
EXPENDITURES:
10-5100-571Police-Misc./Drug Buy ioAGE $ 10,422 $ 1,592 $ 12,014
10-5100-572 " -Law Enf.Block Grant 2,277 330 2,607
$ 12,699 $ 1,922 j 14,621
To bring forward designated balances from the 1996-97 budget.
APPROVED:
/;2 -7.s--91
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onna F. Armbrister, Town Clerk
VERIFIED:
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1.17 North Churton Street · P.O. Box 429 · lIillsborough, North Carolina 27278
919.7.12-2101- · Fax: 919-732-1028