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HomeMy Public PortalAbout03-10-1998 Regular Session . . . 3-'-"8 . ..J.:.'.. 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. 1 . ~ . t. 339 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 2 . . ~. 340 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. 3 . ~ . 341 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 4 . . 342 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. 5 . ~ . 343 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 6 ~ . . 3'44 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. 7 145 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. . 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 . 8 . ~ . 346 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. 9 . ~ ~ 347 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. 10 . . ~ XIV. ADJOURN Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to adjourn by a vote of 5-0. ~~ Donna F. Armbrister, Town Clerk 11 348 Town of etIlYl~ 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. . 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 ~ 137 North Charton Street · P.O. Box 429 · Hi/lsborough, North Carolina 27278 919.732.2104 · Fax: 919.732.1028 ATTACHMENT X.C 3S0 . 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. . 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: -&- ~C/~ ~~ ~ . ~ ~ 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~ , , 199:0 ~~A t Clerk J -//-Y'f Date TOWN OF HILLSBOROUGH SA. ~ JA/!/5c/lJ S,c CONSENTED TO: ALERT CABLE T.V. OF NORTH CAROLINA, INC. BY: TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP BY: ~ ~ ~ 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 . 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: ~ 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. . . ~ 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. . . . 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. . ~ ~ 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.- ~~ ~~ . . . 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. ~ . ~ 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- ~~ ~~ . . ~ 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 ~~~ 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 ~ 137 North Chllrton Slrp.el · P.O. Box 429 · Tfill.'lboroflgh, North Carolina 27278 919.7:/2.2101- · Nu:: 919-7.12-1028