HomeMy Public PortalAbout03-10-1998 Regular Session
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MINUTES
IDLLSBOROUGH TOWN BOARD
MARCH 10, 1998
7:15 PM, Town Barn
The Hillsborough Town Board held a regular meeting on March 10, 1998 at 7:15 PM in
the Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sr.,
Commissioners Richard Simpson, Catherine Martin, Frances Dancy, Evelyn Lloyd, and
Commissioner Kenneth Chavious. Staff present were Town Manager Eric Peterson, Finance .
Director Sherry Carter, Planning Director Margaret Hauth, Town Engineer Tom Hartye, and
Police Chief Nathaniel Eubanks. Others present were Town Attorney Mike Brough, Community
Policing Coordinator Judy Jacobs, Police officers Tim Brewer, Kevin Dean, Kevin Fansler, and
Buddy Parker.
7: 15 Interview of potential Board of Adjustment volunteer
Planning Director Margaret Hauth introduced volunteer candidate Larry Carroll, Jr. The
Board interviewed Mr. Carroll to fill an in-town vacancy on the Board of Adjustment.
Mayor Johnson moved the Swearing-In Ceremony of the Police Chief to this time in the
meeting. Mayor Horace H. Johnson, Sr. administered the Oath of Office for Police Chief to
Nathaniel Eubanks.
Police Chief Nathaniel Eubanks expressed his appreciation to the Board, his family, his
staff and the Town Manager for their support.
1. PUBLIC HEARING
Mayor Johnson opened the Public Hearing at 7:26 PM.
A. Public Hearing to receive public comment on the proposed annexation of Fox Hill
Farm -105.63 acres between New Sharon Church Road and Baldwin Road.
Bob Mersereau, a resident of Fox Hill Farm, addressed the Board expressing his concern
of the placement of a landfill in this area and stated that he is "delighted" that the Board is
considering this satellite annexation.
B. Public Hearing to receive public comment on the proposed annexation of Phelps
& Freeland Properties - 85.85 acres located approximately 3 miles north of
Hillsborough on the west side ofNC 57.
There was no other public comment on either of the proposed annexations.
Mayor Johnson closed the Public Hearing at 7:28 PM.
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II. SWEARING IN CEREMONY
A.
Swearing In of Police Chief Nathaniel Eubanks
This ceremony was conducted before the Public Hearing.
Mayor Johnson called the meeting to order at 7:30 PM.
III. PUBLIC CHARGE
Mayor Horace Johnson read the Public Charge.
IV. ADDING ITEMS TO THE PRINTED AGENDA
Mayor Johnson reported to the Board that both the Senate and the House of
Representatives have passed a bill, which will now go before the President, allowing developers
or any development which feels that a local government has violated their land use rights, to take
the issue to a Federal Court (instead of a local court) to determine whether the applicable zoning
laws are legitimate. The Vice-President addressed a group from North Carolina this week in
Washington, D.C. and indicated that the President plans to veto this legislation because he feels
that any type of land use should be handled at the local level and not in Federal Courts.
Mayor Johnson reported that ISTEA Reauthorization would strongly oppose and vote
against amendments that would allow minimum allocation for the Transit Program, Congestion
Mitigation Air Quality Funds for Highway Expansion, and Enhancement Program to be
Eliminated.
Mayor Johnson also reported that Congress is considering Internet Taxation legislation
which could have a devastating impact on Main Street businesses, local revenues, and local
taxpayers. This legislation would doom the sales tax forever unless a genuinely
nondiscriminatory, easy-to-administer sales tax can be developed and applied consistently to all
industries. For cities and towns, the loss of revenues from the combined preemption of state and
local taxes on Internet transactions, particularly when combined with catalog sales, would be
profound.
Town Manager Eric Peterson added two items to the Agenda - 1) as new Item XIV a
Closed Session to discuss Property Acquisition; and 2) as Item XII.L a Budget Amendment for
Police Vehicles.
V. AUDIENCE COMMENTS
A.
Matters on the printed agenda
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There were no audience comments.
B.
Matters not on the printed agenda
There were no audience comments.
VI. PROCLAMA TION
A. Great American Meat Out Day
Town Manager Eric Peterson presented this Proclamation from the Triangle Vegetarian
Society promoting the exploration of an alternative diet.
Upon a motion by Commissioner Martin, seconded by Commissioner Simpson, the Board
moved to approve the Great American Meat Out Day Proclamation which proclaims March 20,
1998 as Meat Out Day by a vote of 5-0, The motion was declared passed. A copy of the
Proclamation is hereby made a part of these minutes as Attachment VI.A.
VII. APPROVAL OF THE MINUTES OF THE FEBRUARY 7TH AND 9TH. 1998
TOWN BOARD MEETINGS
Needed corrections to the February 7ili minutes were noted as: on page 1 changing the last
line to read "part--time" instead of full-time; and on page 4 deleting the Lieutenant position.
Needed correction to the February 9ili minutes were noted as: on page 4 changing the last
sentence of the first paragraph under Item S to read "use the allotted handicapped parking space".
Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board
moved to approve the minutes of the February 7ili and 9th, 1998 Town Board Meetings with the
aforementioned changes by a vote of 5-0. The motion was declared passed.
VIII. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson informed the Board that mulch sales will begin on March
14ili at the same price as last year - $7.00/cubic yard.
Manager Peterson reported on the issue from the February meeting of the Bell South
Mobility request to locate a cell tower on Town property. The two preferred locations that Bell
South is interested in are the same two locations the Town could potentially utilize for a Town
Garage facility. This concern has been expressed to Bell South Mobility and they have been
informed that other locations could be explored. One such potential site is down by the yard
waste facility. Peterson assured the Board that they would ~e kept informed of future
developments.
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Peterson reminded the Board that the Fire Department will be getting the contract
information to the Town very soon.
The paving bids which were awarded a couple of months ago should begin work next
week. This work has not begun until now due to bad weather.
The North Carolina League of Municipalities Regional Meeting is scheduled for April 6,
1998 in Wendell.
Peterson reminded the Board that at the Goal Setting Retreat it discussed several issues
regarding Fairview and directed the Manager to implement some directives now. One of these
issues is being addressed by Sanitation Superintendent Pete Champion. He has organized a
meeting of all of the Block Captains in the Fairview Community to receive input from them to
identify and prioritize areas to clean up. The sanitation crew has already gone out a picked up 65
bags of litter in the area. Planning Director Margaret Hauth will also be attending this meeting
since several of the houses in the area have been identified as being in disrepair and a potential
nuisance. The Planning Department has already begun working with one of the identified home
owners.
IX. REPORT FROM THE TOWN ENGINEER
Town Engineer Tom Hartye presented a status report on all current water/sewer projects.
Engineer Hartye presented the Board with copies of the Wildwood Water/Sewer
Agreement for their information and informed them that there will be another phase of the
development constructed in the near future.
A. Report on Water Purchases from the City of Durham
Hartye informed the Board that the Town's 10 year agreement for sale of water with
Durham formally expired November 16th, 1997 and has been informally extended by mutual
written concurrence until such time as a new agreement can be approved. The primary changes
in Durham's approach to selling water is to offer two rates: a Committed Rate $2.00/1000 gallons
and a Non-Committed Rate of $2.40/] 000 gallons. A large part of these changes are due to
Cary's interest in securing additional capacity for their continued growth coupled with Durham's
interest in relieving some of their debt service to lower rates to its own customers.
X. REPORTS
A. Use of Community Policing Grant Funds
Manager Peterson on key issues surrounding the use of the Community Policing Grant.
The grant essentially expands the Police Department's Community Policing Division from two to
five officers. This is a three-year grant to pay for 75% of the salaries for three Community
Policing Officers which totals $220,4] 9. The grant does not allow the officers to be used as
regular patrol officers, working a set shift and whose primary responsibility is responding to
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calls. The Town is responsible for providing the vehicles and equipment necessary to outfit these
officers.
In discussing the process of determining the best use of the Community Policing Officers,
Manager Peterson reminded the Board they appointed Commissioners Lloyd and Martin to
provide direction and suggestions to the Manager regarding the priorities/needs for this type of
enhanced service in the community. Manager Peterson also solicited suggestions from the Mayor
and all the Commissioners regarding their ideas on what the Community Policing Program
should accomplish. The Manager also met with all the Police Officers to hear their ideas on how
best to use the three new Community Policing positions and how all the department's divisions
can cooperate to maximize each group's effectiveness. All suggestions were compiled in a
"directive memo" to Chief Eubanks and Sgt. Jacobs providing the "key" parameters in
developing an implementation plan for the use of the new officers.
The primary goals of the Community Policing Officers were identified as:
1) High Visibility assignments, especially in targeted areas.
2) Flexibility in scheduling and working with other police operations.
3) Develop Action Plans to address various crimes and concerns identified by
working with members of the community.
An implementation plan for these primary goals was outlined and discussed.
Manager Peterson explained that serving as a Community Policing Officer is an increase
in responsibility, as well as diversity of duties, from those of a patrol officer. They will be
required to perform the functions of a patrol officer and assist other divisions in various
operations, in addition to their primary community policing role. It is crucial these officers have
excellent communication and interpersonal skills, as well as being self-motivated. The
Community Policing Officer positions obviously need experienced officers. These positions are
not well suited for "rookie" officers. The pay classification that will be developed for this
position will include a raise, in most cases this will likely equate to an elevation of one-step in
pay for the officer (approximately 2.5%).
B. Annexation Reports on Fox Hill Farm; Phelps & Freeland Properties; and Hines
Liner Property
Planning Director Margaret Hauth reported that the three properties in question are all
currently undeveloped and are not considering immediate development as part of the annexation
proposal. There are currently no residences within the areas under consideration for annexation.
No streets would be added to the Town system for maintenance. The two potential landfill sites
are currently taxed at an agricultural rate, which will continue after annexation. The only
projected revenues anticipated from the three sites are property taxes. Currently, the three
properties do not contain any citizens requiring municipal services. The Police Department
would have jurisdiction over crimes in the annexed areas. The Planning Department would
~ review any development proposals.
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Planning Director Hauth reported that the owners of the potential landfill sites have been
asked to exempt the Town from providing water and sewer services to their sites as part of the
annexation. Both have verbally agreed to this condition, which will be formalized in the form of
an agreement before the annexation becomes effective.
Commissioner Simpson expressed hIS concerns regarding expenses the Town might incur
due to future development of the sites.
Town Attorney Mike Brough discussed water and sewer agreements. He presented an
amendment to Chapter 14 of the Town Code to permit water and sewer extensions to and within
annexed properties which are noncontiguous to the corporate limits. The amendment is
consistent with existing provisions under the Code which, with respect to in-Town extensions of
water and sewer to or within new subdivisions and other new developments, generally requires
that the cost of such extensions be borne by the developer or owner requesting the extension.
The amendment differs, however, from existing in-Town provisions in that owners or developers
of new developments or subdivisions in a voluntarily annexed satellite area would not receive
any refunds from the Town for certain front footage fees or reimbursements from the Town for
additional costs incurred as a result of installing oversized lines that are required by the Town to
meet system-wide needs. Thus, with the exception of this difference, the amendment is
nondiscriminatory and consistent with the legislative "standard" applicable to voluntary
annexations of noncontiguous property that "the annexing city will be able to provide the same
services within the proposed satellite corporate limits that it provides within its primary corporate
limits. "
Reggie Gillespie addressed the Board representing Mr. Fox and informed the Board that
at this time it is impossible to "overlay" this area with proposed development.
After much discussion, and upon a motion by Commissioner Dancy, seconded by
Commissioner Martin, the Board moved to adopt an Ordinance Amending the Hillsborough
Town Code to permit Water and Sewer Extensions To and Within Annexed Property Which is
Noncontiguous to the Corporate Limits by a vote of 4-1 with Commissioners Dancy, Martin,
Lloyd and Chavious voting Aye, and Commissioner Simpson voting Nay. The motion was
declared passed. A copy of the Ordinance is hereby made a part of these minutes as Attachment
x.c.
XI. ITEMS FOR DECISION -- CONSENT AGENDA
A.
B.
C.
Approve Greater Triangle Regional Council Annual Dues
Approve increasing Town Purchase Order Limit from $100 to $150
Consideration of Budget Amendment on Reservoir to reflect sale of Bonds
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Upon a motion by Commissioner Dancy, 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.
XII. ITEMS FOR DECISION -- REGULAR AGENDA
A. Consideration of an Ordinance Annexing Non-Contiguous Property of Fox Hill
Farm -105.63 acres between New Sharon Church Road and Baldwin Road
After Board discussion, upon a motion by Commissioner Lloyd, seconded by
Commissioner Martin, the Board moved to approve an Ordinance Annexing Non-Contiguous
Property of Fox Hill Farm -105.63 acres between New Sharon Church Road and Baldwin
Road effective March 10, 1998 by a vote of 3-2 with Commissioners Lloyd, Martin, and Dancy
voting Aye; and Commissioners Simpson and Chavious voting Nay. This item will be on the
agenda for the April meeting for a second reading.
B. Consideration of an Ordinance Annexing Non-Contiguous Property of Phelps &
Freeland - 85.85 acres located approximately 3 miles north of Hills borough on
the west side ofNC 57
Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board
moved to approve an Ordinance Annexing Non-Contiguous Property of Phelps & Freeland-
85.85 acres located approximately 3 miles north of Hills borough on the west side ofNC 57
effective March 10, 1998 by a vote of3-2 with Commissioners Lloyd, Martin, and Dancy voting
Aye; and Commissioners Simpson and Chavious voting Nay. This item will be on the agenda for
the April meeting for a second reading.
C. Consideration of Preliminary Subdivision Plan for English Hill, a 36 lot
subdivision between Gwenn Road and Buttonwood Drive
Planning Director Margaret Hauth presented the preliminary subdivision plan for English
Hill and informed the Board that the Planning Board has reviewed the plans three times due to
their concerns regarding the number of access points in the subdivision. The Developer, Jeff
Peloquin, has written a letter stating that there are no other viable options for an additional access
point. The developer agreed that the pedestrian corridor which lines up with Ann Road would be
improved to be used in emergency circumstances for police of fire access.
Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board
moved to approve the Preliminary Subdivision Plan for English Hill, a 36 lot subdivision
between Gwenn Road and Buttonwood Drive as presented by a vote of 5-0. The motion was
declared passed.
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Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board
moved to approve the Water Extension Contract with leffPeloquin as presented by a vote of 5-0.
. The motion was declared passed.
D. Consideration of$I,OOO donation to Lake Orange Property Owners Association
for the purchase of Carp to control algae in the Lake
Town Manager Eric Peterson presented this request for the Board's consideration.
Upon a motion by Commissioner Simpson, seconded by Commissioner Martin, the Board
moved to approve the request for a $1,000 donation to Lake Orange Property Owners
Association for the purchase of Carp to control algae in the Lake by a vote of 5-0. The motion
was declared passed.
E. Consideration of a Resolution Approving the Transfer Order which allows the
ownership of Alert CATV to change to Time Warner Cable Advance Newhouse
Manager Eric Peterson presented the Resolution for the Board's consideration.
Upon a motion by Commissioner Dancy, seconded by Commissioner Simpson, the Board
moved to approve the Resolution Approving the Transfer Order which allows the ownership of
Alert CATV to change to Time Warner Cable Advance Newhouse 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 XII.E.
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F. Consideration of a Resolution Expressing Interest in a Regional Materials
Recovery Facility and Authorizing Solid Waste Staff to Participate in Preliminary
Negotiations with the Governments of Orange County
Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board
moved to approve a Resolution Expressing Interest in a Regional Materials Recovery Facility and
Authorizing Solid Waste Staff to Participate in Preliminary Negotiations with the Governments
of Orange County 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 XlI.F.
G. Consideration ofa Resolution Endorsing the Establishment of the Triangle Area
Recycling Markets Development Working Group as Recommended by the
Landfill Owners Group and, adopting the Mission Statement for the Working
Group
Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board
moved to approve a Resolution Endorsing the Establishment of the Triangle Area Recycling
Markets Development Working Group as Recommended by the Landfill Owners Group and,
adopting the Mission Statement for the Working Group by a vote of 5-0. The motion was
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declared passed. A copy of the Resolution is hereby made a part of these minutes as Attachment
XII.G.
H.
Consideration ofa Resolution supporting the Efforts of the LOG to Search For a
New Construction and Demolition Site in Orange County
After much discussion, and upon a motion by Commissioner Lloyd, seconded by
Commissioner Simpson, the Board moved to approve a Resolution supporting the Efforts of the
LOG to Search For a New Construction and Demolition Site in Orange County by a "half-
hearted" vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby made
a part ofthese minutes as Attachment XH.H.
I. Consideration of an Ordinance Delegating to the Manager Authority to Purchase
Apparatus, Supplies, Materials or Equipment
Manager Peterson explained that in the past the Town has just followed the General
Statutes' provisions for purchasing procedures. The General Assembly adopted in their last
session, some new purchasing statutes which the NCLM has endorsed.
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board
moved to approve the Ordinance Delegating to the Manager Authority to Purchase Apparatus,
Supplies, Materials or Equipment by a vote of 5-0. The motion was declared passed. A copy of
the Ordinance is hereby made a part of these minutes as Attachment XI!.!.
J.
Consideration of an Ordinance prescribing Procedures for Disposing of Personal
Property Valued at Less Than $5,000
Upon a motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Board
moved to approve an Ordinance prescribing Procedures for Disposing of Personal Property
Valued at Less Than $5,000 by a vote of5-0. The motion was declared passed. A copy ofthe
Ordinance is hereby made a part of these minutes as Attachment XII.J.
K. Second reading of Ordinance to rezone 40,000 square foot lot at the intersection
ofEno Mountain and Orange Grove Roads from Agricultural-Residential to R-20
(part of 4.38.B.24)
Commissioner Simpson requested to be excused from the vote on this Item due to a
conflict of interest.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board
moved to excuse Commissioner Simpson from the vote on this Item by a vote of 4-0. The
motion was declared passed.
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Planning Director Margaret Hauth presented the rezoning request for the Board's
consideration.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board
moved to approve the Ordinance to rezone the 40,000 square foot lot at the intersection ofEno
Mountain and Orange Grove Roads from Agricultural-Residential to R-20 (part of 4.38.B.24) by
a vote of 4-0. The motion was declared passed. A copy of the Ordinance is hereby made a part
of these minutes as Attachment XlI.K.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board
moved to bring Commissioner Simpson back into the meeting by a vote of 4-0. The motion was
declared passed.
ADDED ITEM L. Budget Amendment for two Police Cars
Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board
moved to approve the budget amendment to two Police Cars by a vote of 5-0. The motion was
declared passed. A copy of the Budget Amendment is hereby made a part of these minutes as
Attachment XlI.L.
XIII. APPOINTMENTS
A. Appointment of Board of Adjustment Member
Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board
moved to appoint Larry Carroll, Jr. to the Board of Adjustment by a vote of 5-0. The motion was
declared passed.
B. Consider Appointment to the Firemen's Relief Fund Board of Trustees
Upon a motion by Commissioner Simpson, seconded by Commissioner Dancy, the Board
moved to appoint Hoyt Crabtree to serve on the Firemen's Relief Fund Board of Trustees by a
vote of 5-0. The motion was declared passed.
Commissioner Chavious expressed concerns with the wording of the Ordinance
amendment regarding Concealed and Unconcealed Weapons and requested the staffre-draft for
the April meeting. By consensus, the Board agreed.
Upon a motion by Commissioner Simpson, seconded by Commissioner Martin, the Board
moved to go into Closed Session for the purpose of discussing property acquisition by a vote of
5-0.
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XIV. ADJOURN
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board
moved to adjourn by a vote of 5-0.
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Donna F. Armbrister, Town Clerk
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Town
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ATTACHMENT VI.A
349
PROCLAMA TION
WHEREAS, the citizens of Hillsborough would benefit from exploring an alternative diet; and
WHEREAS, Hillsborough is becoming a multi-cultural community with many who already eat
primarily or exclusively a vegetarian diet;
NOW, THEREFORE, I, Horace H. Johnson, Sr., Mayor of the Town of Hillsborough do hereby
proclaim March 20, 1998 as:
GREAT AMERICAN MEAT OUT DAY
and urge our citizen to explore a vegetarian diet.
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GIVEN UNDER MY HAND AND
THE SEAL OF THE TOWN OF
HILLSBOROUGH ON TillS THE
10TH DAY OF MARCH,
NINETEEN-HUNDRED NINETY-
EIGHT.
~~-U-+- ~.
Horace H. Johnson, Sf., Mayor
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137 North Charton Street · P.O. Box 429 · Hi/lsborough, North Carolina 27278
919.732.2104 · Fax: 919.732.1028
ATTACHMENT X.C
3S0
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AN ORDINANCE AMENDING THE HILLSBOROUGH TOWN CODE TO PERMIT
WATER AND SEWER EXTENSIONS TO AND WITHIN ANNEXED PROPERTY
WHICH IS NONCONTIGUOUS TO THE CORPORATE LIMITS
THE BOARD OF COMMISSIONERS OF HILLSBOROUGH ORDAlNS:
Section L
Article VII of Chapter 14 of the HilIsborough Town Code is amended by adding a new
Section 14-60.1 to read as follows:
~edioD 14-<iO.l E.xtenslons to and Within Annexed Prot>ertv which is
~onconti2.Dous to the COrDorate Limits
Subject to Section 14-61 and the remaining provisions of this section, the Town
shall allow extensions (as defined in Section 14-S7(b)) to and within new developments
or subdivisions located in annexed property which is noncontiguous to the corporate
limits upon request of the developer or ownez't md the entire cost of extending a water or
sewer line to serve such development or subdivision shall be born by the property owner
requesting the extension. Such cost shall include the cost of installing oversized lines
which may be required by the Town to meet system-wide needs. In addition, the entire
cost of extending Jines within new subdivisions or developments located in annexed
property which is noncontiguous to the corporate limits shall be borne by the subdivider
or developer.
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Section 2.
This ordinance shall become effective upon !doption.
The foregoing ordinance, havi~.$ been submitted to a vote. received the following that
was duly adopted this ~day of /llffieeh , 1998.
Ayes: S
Noes: -&-
Absent or Excused: -&-
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ATTACHMENT XII. E
351
TOWN OF HILLSBOROUGH
WHEREAS, Alert Cable T.V. of North Carolina, Inc. ("Alert") is the holder of a
franchise to provide cable television service for the Town of Hillsborough (the IIFranchise");
and
WHEREAS, Alert has proposed to transfer the Franchise to Time Warner
Entertainment-Advance/Newhouse Partnership ("1WEAN"); and
WHEREAS, 1WEAN will be bound by the terms and conditions of the Franchise
subject to applicable law.
NOW THEREFORE, be it resolved that, insofar as may be necessary or advisable
under the Franchise, transfer of the Franchise and the cable television system operating
pursuant to the Franchise from Alert to 1WEAN (including any necessary transfers through
one or more Time Warner entities) is hereby authorized and consented to in all respects.
This transfer shall not affect any ongoing franchise renewal proceedings which shall
continue subject to the provisions of 47U.S.C.546, except that, upon transfer of the
Franchise 1WEAN shall succeed to the rights and obligations of Alert in the renewal
process. Since the transfer of the Franchise to 1WEAN involves no change in control, the
Town of Hillsborough may, after the transfer of the Franchise to 1WEAN, consider in any
ongoing renewal proceedings the past performance of Alert while under common control
with 1WEAN to the extent permitted under 47U.S.C.546, as if it were the past performance
of1WEAN.
Passed this /Cw{ day of 4~
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Date
TOWN OF HILLSBOROUGH
SA.
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CONSENTED TO: ALERT CABLE T.V. OF NORTH CAROLINA, INC.
BY:
TIME WARNER ENTERTAINMENT -
ADVANCE/NEWHOUSE PARTNERSHIP
BY:
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ATTACHMENT XII. F
352
A RESOLUTION EXPRESSING INTEREST IN A REGIONAL MATERIALS RECOVERY
FACILITY AND AUTHORIZING SOLID WASTE STAFF TO PARTICIPATE IN
PRELIMINARY NEGOTIATIONS WITH THE GOVERNMENTS OF ORANGE COUNTY
WHEREAS, the Chapel Hill Town Council, the Board of Orange County
Commissioners, the Carrboro Board of Aldennen, and the Hillsborough
Town Board approved and submitted a Solid Waste Plan to the State;
and
WHEREAS, the Solid Waste Plan includes the development of a
Materials Recovery Facility which would allow local governments to
significantly expand their recycling and waste reduction programs;
and
WHEREAS, economies of scale exist in construction and operation,
and marketing materials from these facilities; and
WHEREAS, these Orange County governments have solicited expressions
of interest from adjoining counties in developing a facility which
could be shared; and
WHEREAS, the Orange County governments wish to proceed to develop
such a facility in a timely manner; and
WHEREAS, the Orange County governments have requested chat those
governments who are interested in this venture and wish to
negotiate a possible joint endeavor, approve a resolution no later
than March 25, authorizing their staff to enter into negotiations
with the Orange County government's staff;
NOW, THEREFORE, BE I~RESOLVED by --n0 ~ttI tl,? ,L,///s.6t:lRc~-4
that the ~/.JA/ ~ authorizes the Manager to
participate in preliminary negotiations regarding participation in
the development and use of a Materials Recove~1 Facility in the
region; and
This the /t7~ day of March, 1998.
ATTACHMENT XII.G
353
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A RESOLUTION ENDORSING THE ESTABUSHMENT OF THE TRIANGLE AREA
RECYCLING MARKETS DEVELOPl'vIENT WORKING GROUP AS RECOMMENDED BY
THE LANDFILL OWNERS GROUP AND. ADOPTING THE .MISSION STATEMENT FOR
THE WORKING GROUP.
WHEREAS, the markets for recyclable and reusable materials in this region are limited and thereby
limit the types of economic growth that could occur based on collecting more of these materials, and
WHEREAS, the local economy and solid waste management programs could benefit from
development of additional markets for recyclable and reusable materials diverted from the solid waste
stream, and
WHEREAS, it is environmentally and economically beneficial to create local means to put these
resources back into production locally,
THEREFORE NOW BE IT RESOL YED BY THE Hll.LSBOROUGH TOWN BOARD THAT:
The Board endorse the establishment of a Recycling Markets Development Working Group with the
following mission statement:
The mission of the recycling markets development working group is to investigate creative
approaches to promoting and assisting businesses, providing technical assistance and
recommending policies that encourage reuse, repair, recycling, composting, waste reduction
and other programs to minimize solid waste in an environmentally sound manner that generates
jobs and economic development for the region.
~ BE IT FURTIIER RESOLVED THAT:
Membership in the task force should include representatives of area governments including at
least those in Chatham, Durham and Orange counties, businesses, construction industry,
agriculture, the solid waste industry, local colleges and universities, utilities, environmental
groups as well as other citizens and organizations interested in economic development using
recycled, reused, composted and repaired materials.
BE IT FURTIIER RESOL YED THAT:
The Orange County Economic Development Commission be requested to provide staffing for the
Working Group.
BE IT FURTHER RESOLVED THAT THE Hll.LSBOROUGH TOWN BOARD ENDORSES
THE SCOPE OF WORK FOR THE WORKING GROUP TO INCLUDE BUT NOT BE LllvITTED
TO THE FOLLOWING:
First: Develop a vision and broad overview of an approach to developing a recycling and reuse
materials economy for the area that could include the following:
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a. Investigate development of a joint Materials Recovery Facility (ies) which could serve
the communities of Chatham, Durham, and Orange Counties and manage both public and
private sector materials using both public and private sector resources.
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b. Analyze potential for development of manufacturing and end use facilities using
recyclable or compostable materials as well as other industrial byproducts generated in this
region (and elsewhere). This analysis would include detennining the amount of material
demand, infrastructure needs, land and resource requirements, markets and other parameters
that would impact locating such facilities in the region. Triangle J Council of Governments has
received a grant from the US Environmental Protection Agency to conduct an industrial
ecosystem assessment which evaluates the potential for industrial use of byproducts by other
nearby industries in the region and that the industries identified in the Triangle J study could be
integrated into this analysis of potential end users.]
The Recycling Markets Development Working Group could consider the following tasks:
Create a data base of existing recyclinglrepair/reuse/composting etc. businesses in the Triangle
J region including collectors, distributors, processors, manufacturers, purchasers of products
using recycled materials. Use existing data bases and other resources to compile this data base.
The purposes of the new data base are to assess ability of existing facilities to handle increased
materials tonnages and detennine strengths and weaknesses of the current recyclinglreuseJetc
infrastructure. Some of this work has already been accomplished in the North Carolina
Recvcling Business Study by the State of North Carolina and by others including Triangle J
Council of Governments.
Evaluate the State of North Carolina tax law that presently exempts recycling facilities
from property taxes and some other state taxes. Some local governments have considered
this exemption negatively when considering promoting the siting of recycling facilities in
their jurisdiction. Presumably the industries have viewed the tax exemptions as an asset.
Pursuant to the mission statement on recommending policies, it could be ftuitfuj to
detennine if the benefits of the tax exemptions continue to outweigh the loss of revenues
to the government for promoting recycling.
This is the/b th day of February, 1998.
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ATTACHMENT XII.H
355
A RESOLUTION TO APPROVE THE RECOMMENDATION OF THE LANDFILL
OWNERS GROUP FOR LOCATING A CONSTRUCTION AND DEMOLITION
DISPOSAL FACILITY IN ORANGE COUNTY
WHEREAS, the Orange Regional Landfill Construction & Demolition disposal facility will
reach capacity sometime in the second half of 1999; and
WHEREAS, the Landfill Owners Group has made a recommendation to the governing boards
that would initiate a process for acquiring a new Construction & Demolition disposal facility in
Orange County;
NOW, THEREFORE, BE IT RESOLVED by the Hillsborough Board of Commissioners that the
Board supports the search for freely offered propertY within Orange County which could be
acquired for use as a Construction & Demolition disposal facility.
This the 10th day of March, 1998.
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ATTACHMENT XII.I
356
AN ORDINANCE DELEGATING TO THE MANAGER AUTHORITY TO
PURCHASE APPARATUS, SUPPLIES, MATERIALS OR EQUIPMENT
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1. Article VIII of Chapter 3 of the Hillsborough Town Code is amended by
adding a new Section 3-56 to read as follows:
(a) Subject to the restrictions and conditions hereinafter provided, when purchasing
apparatus, supplies, materials or equipment for use by the Town of Hillsborough, in addition to
such authority as may be provided by law and/or otherwise delegated by the Board, the manager
shall have the authority to:
(1) Prepare, or cause to be prepared, plans and/or specifications setting forth a
complete description of the item(s) to be purchased and the characteristics,
features and/or requirements therefor;
(2) Include, where appropriate, in specifications for the item(s) to be purchased an
opportunity for bidders to purchase as trade-in specified personal property owned
by the town;
(3)
Advertise, or otherwise secure bids, for such item(s), if required under applicable
law;
(4)
Award contracts for the purchase of the item(s) and, where applicable, award
contracts for the purchase of the item(s) and the sale of trade-in property;
(5) Reject bids;
(6) Readvertise to receive bids;
(7) Waive bid bond or deposit requirements;
(8) Waive performance and payment bond requirements; and
(9) Execute and deliver the purchase contract(s).
(b) At the first regular meeting of the Board following the award of any contract(s)
pursuant to this Section, the manager shall submit a report to the Board summarizing the
bids received and contract(s) awarded. Such report shall be included in the minutes of the
meeting at which it is received.
(c) Except in cases of sole source purchases pursuant to N.C. General Statute 9143-
129(f) and cases of purchases from established contracts pursuant to N.C. General Statute
S 143-129(g), unless otherwise provided by law, the provisions of this Section shall apply
.
.
-.
357
to the purchase of all apparatus, supplies, materials or equipment required for use by the
town.
(d) The provisions of this Section are not intended to limit, restrict, or revoke, in any
manner, authority otherwise granted and/or delegated to the manager by statute, law or
action of the Board;
(e) No purchase shall be made by the manager under authority of this Section unless
an appropriation for such purpose has been authorized in the annual budget, or by
supplemental appropriation or budget appropriation amendment duly adopted by the
Board.
(f) In acting pursuant to the authority delegated under this Section, the manager shall
comply with the requirements of Article 8 of Chapter 143 of the North Carolina General
Statutes, as from time to time amended, modified, supplemented, revised, or superseded,
to the same extent as would have otherwise applied to the Board.
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 that
was duly adopted thiS/'~day of February, 1998.
Ayes: 6""
Noes: -4!?-
Absent or Excused: -er.-
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ATTACHMENT XII.J
358
AN ORDINANCE PRESCRIBING PROCEDURES
FOR DISPOSING OF PERSONAL
PROPERTY VALUED AT LESS THAN $5,000
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1. Article VIII of Chapter 3 of the Hillsborough Town Code is amended by
adding a new Section 3-55 to read as follows:
Section 3-55. Disposal of Surplus Personal Property ofthe Town.
(a) Pursuant to N.C.G.S.SI60A-266(c) the town manager is hereby authorized to
dispose of any surplus personal property owned by the Town of Hillsborough whenever he
determines, in his discretion, that:
(1) The item or group of items has a fair market value of less than five thousand
dollars ($5,000.00);
(2) The property is no longer necessary for the conduct of public business; and
(3) Sound property management principles and [mancial considerations indicate that
the interests of the town would best be served by disposing of the property.
(b) The town manager may dispose of any such surplus personal property by any
means which he judges reasonably calculated to yield the highest attainable sale price in money
or other consideration, including but not limited to the methods of sale provided in Article 12 of
N.C. General Statutes Chapter 160A. Such sale may be public or private, and with or without
notice and minimum waiting period.
(c) The surplus property shall be sold to the party who tenders the highest offer, or
exchanged for any property or services useful to the town if greater value may be obtained in that
manner, and the manager is hereby authorized to execute and deliver any applicable title
documents. If no offers are received within a reasonable time, the manager may retain the
property, obtain any reasonably available salvage value, or cause it to be disposed of as waste
material.
(d) The manager shall keep a record of all property sold under authority of this
Section and that record shall generally describe the property sold or exchanged, to whom it was
sold, or with whom exchanged, and the amount of money or other consideration received for
each sale or exchange.
Section 2. All provisions of any town ordinance in conflict with this ordinance are
repealed.
Section 3. This ordinance shall become effective upon adoption.
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359
The foregoing ordinance, having been submitted to a vote, received the following that
was duly adopted this/oMday of February, 1998.
Ayes: -5
Noes: --e--
Absent or Excused: -e-
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ATTACHMENT XII.K
3bD
AN ORDINANCE AMENDING THE ZONING MAP
OF THE TOWN OF HILLSBOROUGH
TIfE BOARD OF COMMISSIONERS OF THE TOWN OF HllLSBOROUGH ORDAINS:
The foregoing ordinance having been submitted to a vote, received the following vote and was
du1y adopted this 9th day of February, 1998.
Ayes: --Y'
Noes: -&-
Absent or Excused:
Section 1.
Section 2.
Section 3.
The Zoning Map of the Town of Hillsborough is hereby amended to rezone the
property owned by Richard Simpson at the northwest intersection of Eno Mountain
Road and Orange Grove Road (part of tax map 4.38.B.24) from Agricultural-
Residential to Residential-20.
All provisions of any town ordinance in conflict with this ordinance are repealed.
This ordinance shall become effective upon adoption.
I
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A'ITACHMENT XII.E
Town
of
f!-EH~
361
gh
BUDGET AMENDMENTS
MARCH, 1998
GENERAL FUND
EXPENDITIJRES :
10-5100-740 Police-Equipment
10-5100-010 Police-Overtime Compensation
10-5100-745 Police-Contribution/Internal
Service Fund
BEFORE ADJ. ADJ. AFTER ADJ.
$ 22,090 $46,000 $ 68,090
43,500 (6,000) 37,500
80,714 (40,000) 40 , 714
$146,304 $146,304
To fund expense of two police vehicles for new community-policing officers.
.
APPROVED: 3 -/t;/ -9tY
VERIFIED:~~
onna F. Armbrister, Town Clerk
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137 North Chllrton Slrp.el · P.O. Box 429 · Tfill.'lboroflgh, North Carolina 27278
919.7:/2.2101- · Nu:: 919-7.12-1028