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Home My Public Portal About12-15-1997 Regular Session . . . 230 MINUTES HILLSBOROUGH TOWN BOARD December 15, 1997 7:00 PM, Town Barn The Hillsborough Town Board held a regular meeting on December 15, 1997 at 7:00 PM. in the Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sr., Commissioners Kenneth Chavious, Richard Simpson, Catherine Martin, Frances Dancy, and Evelyn Lloyd. Staff present were Town Manager Eric Peterson, Town Clerk Donna F. Armbrister, Finance Director Sherry Carter, Planning Director Margaret Hauth, Town Engineer Tom Hartye, and Police Chief Nathaniel Eubanks. Mayor Johnson called the meeting to order at 7:04 PM. I. SWEARING IN CEREMONY A. Presentation of Appreciation to Out-Going Board Member Commissioner Remus Smith Mayor Johnson read a Certificate of Appreciation for out-going Board Member Commissioner Remus Smith. Commissioner Smith was unable to attend the meeting. Mayor Johnson informed the Board that the Certificate would be given to Commissioner Smith later in the week. B. Oath of Offices (Reception following) 1. Commissioner Frances Dancy Joan Terry, Clerk of Superior Court, administered the Oath of Office to Frances L. Dancy. 2. Commissioner Richard Simpson Joan Terry, Clerk of Superior Court, administered the Oath of Office to Richard O. Simpson. 3. Mayor Horace Johnson Harry C. Martin, Retired Associate Justice of the Supreme Court of North Carolina, administered the Oath of Office to Horace H. Johnson, Sr. Mayor Johnson then recessed the meeting for the purpose of holding a reception honoring the newly elected officials. - RECEPTION HELD- 1 I.L' 231 Mayor Johnson reconvened the Board Meeting at 7:40 PM. . II. INTERVIEW OF VOLUNTEER TO SERVE ON THE HISTORIC DISTRICT COMMISSION A. Michael Gering The Town Board interviewed Michael Gering for a volunteer term on the Historic District Commission. The Board inquired of Mr. Gering's interest in serving on the Historic District Commission. Mr. Gering explained that the historic charm of Hillsborough is one of the main reasons he moved here. After the Board completed their interview questions, Mr. Gering was excused and told that the Board would be voting on this appointment later in the evening. III. PUBLIC CHARGE Mayor Johnson read the Public Charge. IV. BOARD APPOINTMENT OF MAYOR PRO- TEM Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to appoint Commissioner Evelyn Lloyd to serve as Mayor Pro-tern by a vote of 5-0. The . motion was declared passed. V. ADDING ITEMS TO THE PRINTED AGENDA Commissioner Lloyd added the issue of "Pan Handling" as Item XIII.B. Commissioner Simpson added a discussion on the Open Burning Ordinance as Item XIII.C. Mayor Johnson added the formation of a committee (and Board appointments) to work with the Town Manager on the COPS Grant to maximize resources as Item XIV.H. VI. 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. . 2 . . . I)... '"l')') ~ ,-) c...., VII. APPROVAL OF THE MINUTES OF THE NOVEMBER l'rh AND 25th, 1997 TOWN BOARD MEETINGS Commissioner Martin noted that in the minutes of the November 11" meeting on page 6, in the recommendation regarding cul-de-sacs in new developments, the name "Chavious" needs to be changed to "Smith". Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board moved approve the Minutes of the November 11" and 25th, 1997 Town Board Meetings with the above mentioned change by a vote of 5-0. The motion was declared passed. VIII. PRESENTATION OF THE '961'97 AUDIT Finance Director Sherry Carter introduced John Frank with the Dixon Odom and Company Auditing Firm. Mr. John Frank appeared before the Board and presented the '96/'97 Audit Report. Mr. Frank reviewed the year's fmancial statements. Frank highlighted some ofthe trends in the General Fund over the last four years noting that revenues have steadily risen while expenditures have been more erratic primarily due to two large capital projects - the new Police Station, and the Town Hall Annex. Frank explained that a good measure of the health of the General Fund is comparison of the percentage of unreserved fund balance to one year's worth of expenditures. The North Carolina Local Government Commission recommends the minimum to be maintained is 10% of one year's worth of expenditures in unreserved fund balance. Mr. Frank stated that at the end of this fiscal year the Town is at 23.2% which is over twice what the North Carolina Local Government Commission recommends; however, this percentage has decreased over the last four years. Town Manager Eric Peterson commended the Finance Staff on their internal control structures. Peterson also pointed out that the audit showed no material weaknesses and no reportable conditions of any consequence. IX. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson informed the Board that the request from Commissioner Chavious at the November meeting to research the legality of disallowing unconcealed weapons in Town facilities is still being investigated by Town Attorney Mike Brough. Peterson hopes to have more information for the January meeting. Manager Peterson advised the Board that there will be an Assembly of Governments on June 1, 1998. The time and location will be announced at a later date. 3 iH' 2 3 3 . Peterson complimented the Street and Sanitation Departments for their efforts in preparation for the candlelight tour, and the Police Department for their assistance with the Christmas Parade. Manager Peterson informed the Board that property owners in the proposed landfill area are being contacted to seek their willingness to be voluntarily annexed. X. REPORT FROM THE TOWN ENGINEER Town Engineer Tom Hartye presented a status report on all current water and sewer projects. XI. ITEMS FOR DECISION - CONSENT AGENDA A. Consideration of placement of "Employee Parking Only" signs in the Town Hall Annex Parking Lot B. Approval of Res ide. ntia I Anti-Displacement and Relocation Assistance Plan Resolution C. Approval of a Resolution to release funds to Triangle J Council of Governments D. Approval of Miscellaneous Budget Amendments Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board moved to approve the Consent Agenda as presented by a vote of 5-0. A copy of both Resolutions . and the Budget Amendments are hereby made a part of these minutes as Attachment XI. At this point in the meeting, Mayor Johnson moved to the Appointments Items XIV.B,C,D,E &H for the Board's consideration due the illness of Commissioner Martin. XIV. APPOINTMENTS B. Appoint new member and alternate to serve on the Transportation Advisory Committee (T AC) Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to appoint Commissioner Martin to serve as the Town's representative on the Transportation Advisory Committee (T AC), and Mayor Johnson to serve as the alternate by a vote of 5-0. The motion was declared passed. C. Appointment of Catherine Martin to serve as the Town's representative on the Tourism Board Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to appoint Commissioner Martin to serve as the Town's representative on the Tourism Board by a vote of 5-0. The motion was declared passed. . 4 . . . NO .. 234 D. Appointment of volunteer to fill an at-large seat on the Tourism Board Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board moved to appoint Volunteer Applicant Tom Roberts, owner of the Inn at Teardrops, to fill an at- large seat on the Tourism Board by a vote of 5-0. The motion was declared passed. E. Appointment of Michael Gering to the Historic District Commission for a three year term expiring July, 2000 Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board moved to appoint Michael Gering to the Historic District Commission for a three year term expiring July, 2000 by a vote of 5-0. The motion was declared passed. Added Item H. Board appointments to work with the Town Manager on the COPS Grant to maximize resources By consensus, the Board agreed that Commissioners Lloyd and Martin would work with the Town Manager on the COPS Grant to maximize resources, but that the Town Manager could also seek input from other Board Members as well at his discretion. At this time, and upon a motion by Commissioner Simpson, seconded by Commissioner Chavious, the Board moved to excuse Commissioner Martin from the rest of the meeting due to illness by a vote of 4-0. The motion was declared passed. XII. ITEMS FOR DECISION -- REGULAR AGENDA A. Consideration of an Ordinance to amend Chapter 6, Section 6A-6 of the Town Code - Three-way stop sign at Lafayette and Sweet Gum Town Manager Eric Peterson presented the Ordinance amendment to the Board for their consideration recommending the installation of a three-way stop sign at the intersection of Lafayette and Sweet Gum. Peterson stated that there were too many foreseeable problems with the installation of speed bumps. Upon a motion by Commissioner Chavious, seconded by Commissioner Simpson, the Board moved to approve the Ordinance to amend Chapter 6, Section 6A-6 of the Town Code- Three-way stop sign at Lafayette and Sweet Gum by a vote of 4-0. The motion was declared passed. B. Consideration of rescheduling Budget Goal Setting Retreat to Saturday, February 7, 1998 By consensus, the Board agreed to reschedule the Budget Goal setting Retreat to Saturday, February 7, 1998 beginning at 8:30 AM in the Police Department Training Room. 5 . . . ~'.~ ...; 233 By consensus, the Board appointed Commissioner Dancy to work with the Town Manager on planning the Retreat. Manager Peterson informed the Board that he would be in contact with each of them individually to solicit their input on the Retreat planning. C. Discussion of Staff's proposed Ordinance on Annexation Planning Director Margaret Hauth presented the proposed Ordinance on Annexation. After some discussion, the Board directed staff to prepare step-by-step instructions for a request for voluntary annexation which would be given to persons interested in being annexed. The Board also directed staff to prepare the Ordinance to be incorporated in the Town Code. XIII. REPORTS A. Update from Parks and Recreation Board in reference to feasibility study for active sports complex Planning Director Hauth introduced Elizabeth Lacy from the Parks and Recreation Board. Elizabeth Lacy, representing the Parks and Recreation Board, addressed the Board to ask them to encourage Orange County to proceed with the Feasibility Study for Fairview Park to be developed as a recreational facility. Lacy stated that this area is approximately 20 acres owned by the Town and about 40 acres owned by the County. After the Fairview Park Committee was founded late last year, they asked the Olympus Group to draft a proposal for a feasibility study for Fairview Park to be developed as a recreational facility. This proposal was drafted and submitted to the Committee. The Olympus Group's estimated expense for this feasibility study was $46,000. At this point, the Fairview Park Committee has taken no action on that proposal which is why the Parks and Recreation Board is seeking assistance from the Town. Lacy noted that the Town allocated $5,000 to the Gold Park to develop some athletic fields in that area. Since that plan fell through, the Town encumbered that $5,000 for Fairview Park. The Parks and Recreation Board is asking for: 1) the Town to allocate this $5,000 to help pay for the feasibility study; and 2) the Town to use this $5,000 as an incentive to encourage the Orange County Commissioners to pay for the rest of the study. Mayor Johnson stated that he would be meeting with the Chair of the County Board of Commissioners in the morning and would discuss this issue with them. ADDED ITEM XIII.B Pan Handling Commissioner Lloyd requested that the staff research other municipalities to see what kind of ordinances they may have on "Pan Handling" and report back at the January 1998 meeting. 6 . . . 't'l' 23 C ADDED ITEM XIII.C Discussion on the Open Burning Ordinance Commissioner Simpson expressed his concerns that even with the recent amendments to the Town Code on Open Burning, there are still some residents that find it hard to get their leaves to the curb for leaf pickup and he regrets that burning is not an alternative for them. XIV. APPOINTMENTS A. Town Board recommendation to Orange County of Alois Callemyn as representative to replace Keith Coleman on the Economic Development Commission year term expiring July, 2000 Upon a motion by Commissioner Simpson, seconded by Commissioner Dancy, the Board moved to recommend to Orange County that Alois Callemyn be appointed as the Town's representative to replace Keith Coleman on the Economic Development Commission for a term expiring July, 2000 by a vote of 4-0. The motion was declared passed. F. Appointment of Vision 2010 Taskforce Planning Director Margaret Hauth presented the original list of 14 volunteers for the Board to consider. The Board directed Hauth to contact all 14 to see if they still desire to serve on this Taskforce and to bring back a recommendation of eleven for the Board to consider. Commissioner Chavious volunteered to serve as the Town's representative on the Vision 2010 Taskforce. G. Appointment of Board Member to serve on Triangle J Council of Governments By consensus, the Board agreed that Commissioner Dancy would serve on the Triangle J Council of Governments as the Town's representative and that the Mayor would be the alternate. XV. ADJOURN Upon a motion by Commissioner Simpson, seconded by Commissioner Chavious, the Board moved to adjourn the meeting at 9:45 PM by a vote of 4-0. The motion was declared P~i!d. ~i:.~ Donna F. Annbrister, Town Clerk 7 . . .. RESOLUTION 97/98 BY HlLLS80ROUGH WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations selVing municipal and county governments, have established productive working relationships with the cities and counties across the state; and WHEREAS, the General Assembly continued to recognize this need through the appropriation of $864,270 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed appropriate by their local governments; and WHEREAS, these funds are not intended to be used for payment of members' dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments; and WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State's General Funds; and WHEREAS, in Region J funds in the amount of $48,015 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to, and consequently, the benefits of the Research Triangle Park. NOW THEREFORE BE IT RESOLVED, that HILLS80ROUGH requests the release of its $327.75 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of ~ection 16.5 of Senate Bill 352, the 1997 ratified budget bil/. Adopted this 15f1t day of./~6-7rrt.p,f'. 1997 at mE /Ow',./" ~.A/ by: ~-A.-' )-! '~ignattJre) Chief Elected Official SEAL ~~natureJ 'fitness ........... 237 :t f :t ~ Town of . H!,gl~ - ~ r b I ~ . 2. , A'ITACHMENT ~J.., Buccrr AMENDMENTS DECEMBER, 1997 1. GENERAL FUND REVENUES : 10-3350-100 Misc./Confiscation i~GE BEFORE ADJ. ADJ. $ -0- $10,422 EXPlliDlTURES : 10-5100-571 Police-Misc./Drug Buy i~GE $ -0- $10,422 To fund receipt of substance abuse taxes and restitution payments. GENERAL FUND REVENUES : 10-3990-000 Fund Balance Appropriated $266,572 $ 1,922 EXPEND lTURES : 10-5100-571 Police-Misc./Drug Buy i~GE 10-5100-572 " -Law Enf . Block Grant $ 10,422 2,277 $ 12,699 $ 1,592 330 $ 1,922 To bring forward designated balances from the 1996-97 budget. APPROVED: /:2 ' /S:-97 VERIFIED: ~~/.d.7fh Donna F. Armbrister, Town Clerk 1.17 North Churton SfrP.ef · P.O. flax 429 · lIill.'Ihoroll{lh. North Carolina 27278 9/9./.12-2]01, . Frrx: 9/9-7.12-1028 r'] ') Q c..Jv AFTER ADJ. $10,422 $10,422 $268,494 $ 12,014 2,607 $ 14,621 . . It ATTACHMENT XI Town of IDIlsborough FY 94 COMMUNITY DEVELOPMENT PROGRAM ~.. 233. RESIDENTIAL ANTI-DISPLACEl\1ENT AND RELOCATION ASSISTANCE PLAN RESOLUTION A Resolution Authorizing the Adoption of a Residential Anti-Displacement and Relocation Assistance Plan for the Town of Hil1sborough Community Development Program. Be It Resolved by the Town Council of the Town of Hillsborough, North Carolina, That: WHEREAS, the Town of Hills borough is participating in the Community Development Block Grant Program under the Housing and Community Development Act of 1974, as amended, administered by the North Carolina Department of Commerce; and WHEREAS, a Residential Anti-Displacement and Relocation Assistance Plan is required for this Program; TIIEREFORE, BE IT RESOLVED, that the Town Council of the Town of Hillsborough, North Carolina, hereby adopts the attached Residential Anti-Displacement and Relocation Assistance Plan to be used throughout the implementation of the Town of HiIlsborough Community Development Program. /~ This}- day of December, 1997. ~}(qJ~ '../ Horace J ohmon, Mayor A TrEST: L/;krk4 00nna F~, Town Oerk A1..e-n6'~5~ . . .. UPDATE TO PREVIOUSLY APPROVED RECIPIENT'S PLAN TO FURTHER FAIR HOUSING ~" .: (' 'r) c..: ".1 ' TOWN OF HILLSBOROUGR Recipient 94-E:0057 Grant Number Eric Peterson Contact Person 919-132-2104 Telepbone Number IDD: 1-800-735-2962 a- A. REVIEw OF FAlR HOUSING PIAN approved 2-12-96 dare 1. Housing Discrimination Complaint Procedure a. Procedure is in place for all citizens to use: ~ Yes _No b. Indicate method used co notify public and availability or complaint procedure: Brochures and Dosrers c. ff applicable, describe any cbanges made to the procedure since Plan approved: N/A 2. Approved Activity(ies) (attach additional pages as necessary) List comoletedJon-roinl! activity(ies) Give date(s) comDleted/imDlemenred Assessed knowledge of fair housing requirements Developed fair housing brocbure. Prepared newspaper article. Prepared fair housing poster. Developed fair housing survey. DiStribution of fair housing infurmation in Spanish. 3/96 6/96 9/96 12196 3/97 6/97 Page 1 of:2 . ~~~ .so <"':.11 '- .\ B. FAIR HOUSING PLAN UPDATE A recipient with an approved Fair Housing PIan IlIUSt submit an updated Plan showing an incremental level of activity(ies) to further fair housing if (1) the approved Plan has scheduled activities tor only one year instead of the entire active period of the grant; or (2) the current PIan was approved less !ban one year from a recipient's new award, the current Plan must be updated on the anniversary date of its approval. ._ ~ List new activitv(iesl. (attach additional pages as necessary). Give Time Schedule POst f.tir hOusing information other public buildings. POst f.tir housing information in grocery stOres. Provide f.tir housing intormation to lenders. Provide fuir housing intormation co local realtors. Re-publisb broChure and posters. 9/97 12/97 3198 6198 9/98 . Date: /02 '/"';-9'1 . Horace Johnson N~eof~yoror~ ') ~"<'-. - ~~ Signature of Mayor or ' - --.l\1nvor TIde PJge 2 ,Jr': I I i I ~~