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HomeMy Public PortalAbout04-14-1998 Regular Session . ~ . 368 MINUTES illLLSBOROUGH TOWN BOARD April 14, 1998 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on April 14, 1998 at 7:30 PM in the Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sr., Commissioners Richard Simpson, Catherine Martin, Frances Dancy, and Evelyn Lloyd. Absent from the Board Meeting was Commissioner Kenneth Chavious. Staff Present were Town Manager Eric Peterson, Finance Director Sherry Carter, Planning Director Margaret Hauth, Police Chief Nathaniel Eubanks, and Town Clerk Donna Armbrister. Others present were Town Attorney Michael Brough. Mayor Johnson called the meeting to order at 7:38 PM. I. PUBLIC CHARGE Mayor Johnson read the Public Charge. II. ADDING ITEMS TO THE PRINTED AGENDA Commissioner Simpson requested to add an item regarding Orange High 1998 Front Page Award Winners. This was added as Item IX.G. Commissioner Evelyn Lloyd passed on to the Board and the Town Manager several complaints she had received regarding the condition of the Town Cemetery. By consensus, the Board directed the Town Manager to contact the appropriate Department Head and make arrangements for the Town Cemetery to be cleaned up, mowed, trimmed, have limbs removed and flowers planted around the fountain. III. 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. IV. PROCLAMA TIONS A. Proclamation for CROP Walk Day B. Kids Day America/International Proclamation C. RSVP Volunteer Day Proclamation 1 ~ ~ ~ 369, D. Litter Sweep 1998 Proclamation Mayor Johnson read the aforementioned Proclamations. A copy of each Proclamation is hereby made a copy of these Minutes as an Attachment. V. APPROVAL OF THE MINUTES OF THE MARCH lOTlI AND MARCH 26TH. 1998 TOWN BOARD MEETING Upon a Motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Minutes of the March 10th and March 26th, 1998 Board Meetings were approved as presented by a vote of 4-0. The motion was declared passed. VI. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reminded the Board of the 7:30 PM meeting with the Orange County School Board on April 15, 1998 in the Police Department Training Room. Town Manager Peterson also reminded the Board of the Joint Meeting with the Orange County Board of Commissioners which is scheduled for May 12, 1998. Manager Peterson asked the Board to let him know by April 24th what items they wished to discuss at that meeting. Manager Peterson informed the Board that there is a meeting of the Fairview Block Captains scheduled for Monday, June 22, 1998 at 7:30 PM in the Town Barn. VII. REPORT FROM THE TOWN ENGINEER A status report of all current water and sewer projects was presented to the Board with their Agenda Packet. Town Engineer Tom Hartye was not in attendance at the Board Meeting. VIII. ITEMS FOR DECISION -- CONSENT AGENDA A. Triangle J Council of Governments - Water Resources Advisory Committee Recommendation to Extend the Mutual Aid Compact for Water Emergencies B. Consideration of an Ordinance amending Town Code Chapter 5, Section 5-11 - Concealed and Unconcealed Handguns Prohibited on Town Property Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Consent Agenda as presented by a vote of 4-0. The motion was declared passed. A copy of the amendment to the joint Resolution with Triangle J Council of Governments and a copy of the Ordinance amending Town Code Chapter 5, Section 5-11 - Concealed and Unconcealed Handguns Prohibited on Town Property is hereby made a part of these Minutes as an Attachment. 2 . . ~ 370 IX. ITEMS FOR DECISION -- REGULAR AGENDA A. Consideration of an Ordinance amending Town Code Chapter 6, Section 6A-12 - Speed Limits Mayor Johnson presented the Ordinance for the Board's consideration and explained that this amendment was a recommendation from the Fairview Block Captains. Upon a motion by Commissioner Simpson, seconded by Commissioner Martin, the Board moved to approve the Ordinance amending Section 6A-12 Speed Limits in Chapter 6 of the Town Code as presented 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 an Attachment. B. Consideration of an Ordinance amending Town Code Chapter 4, Appendix A - Substance Abuse Policy Town Manager Eric Peterson presented the Ordinance to the Board and explained that the amendments result from recommendations from the Triangle J Safety Consortium. Upon a motion by Commissioner Simpson, seconded by Commissioner Dancy, the Board approved the amendments to Appendix A - Substance Abuse Policy in Chapter 4 of the Town Code as presented 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 an Attachment. c. Second Reading of an Ordinance Annexing Non-Contiguous Property of Fox Hill Farm -105.63 acres between New Sharon Church Road and Baldwin Road Mayor Johnson presented the second reading of the Ordinance for the Board's consideration. Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to approve the annexation of Non-Contiguous Property of Fox Hill Farm - 105.63 acres between New Sharon Church Road and Baldwin Road as presented by a vote of3-1 with Commissioners Martin, Dancy and Lloyd 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 an Attachment. D. Second Reading 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 Martin, seconded by Commissioner Dancy, the Board moved to approve the annexation of Non -Contiguous Property of Phelps & Freeland - 85.85 acres located approximately 3 miles north of Hills borough on the west side ofNC 57 as 3 371 presented by a vote of 3-1 with Commissioners Martin, Dancy and Lloyd 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 an Attachment. E, Consideration of an Ordinance amending Town Code Chapter 6, Section 6A - Parking Prohibited at All Times Town Manager Eric Peterson presented the Ordinance for the Board's consideration explaining that the amendment is the result of a request from Southern States which will allow access for their delivery trucks. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Ordinance amending Section 6A - Parking Prohibited at All Times in Chapter 6 of the Town Code as presented by a vote of 4-0. The motion was declared passed. By consensus, the Board directed the Police Chief to contact Mr. Dallas Long to inform him of this amendment since it effects the street in front of his home. F. Consider a motion requesting NC DOT improve the intersection at Highways 70 and 86 making it easier for trucks to turn Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board authorized the Town Manager to contact NC DOT to request improvement to the intersection at Highways 70 and 86 making it easier for trucks to turn by a vote of 4-0. The motion was ~ declared passed. X. CLOSED SESSION A. Closed Session for the Purpose of Discussing a Personnel Issue Upon a motion by Commissioner Dancy, seconded by Commissioner Simpson, the Board moved to go into Closed Session for the purpose of discussing a Personnel Issue by a vote of 4-0. The motion was declared passed. XI. ADJOURN Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to adjourn the meeting at 8:50 PM by a vote of 4-0. The motion was declared passed. ~~ Respectfully Submitted, Donna F. Armbrister, Town Clerk ~ 4 - ATTACHMENT VIII.A 372 J998 AMENDMENT TO THE .JOINT RESOLUTION ESTABLISHING COMMON LOCAL POLICIES FOR MUTUAL AID DURING WATER SUPPLY EMERGENCIES IN REGION J, NORTH CAROLINA WHEREAS, in 1988 local govemments in Region J approved a "Joint Resolution Establishing Common Local Policies for Mutual Aid During Water Supply Emergencies in Region .I, NOl1h Carolina: (the "Mutual Aid Compact"); and WHEREAS, in 1993 the Mutual Aid Compact was amended to extent the effective date of said Compact through December 1998; and WHEREAS, the Mutual Aid Compact addresses sh0l1-tennwater system emergencies caused by failure of the water supply, treatment or distribution systems of any of the parties; WHEREAS, utility infrastructure with sufficient capacity and reliability continues to be essential to the public health, safety and welfare and the environmental and economic vitality of the Region. NOW, THEREFORE, the undersigned parties hereby agree to amend the Mutual Aid Compact to extend the effective period of said Compact through December 31,2003. · A~u/~ ~ ~~ Horace I-I. Johnson, r., Mayor Town of Hillsborough - . ~ ATTACHMENT IV.A 373 fJroclamattol1 for qcll\~fJ .alk 11Bap BbereaS', at the end of World War II many Christians wanted to share America's abundance with European war victims; and CROP and Church World Service's first purpose was to gather wheat and other crops from American farms for shipment to Europe, and mlbereaS', over the years Church World Service/CROP has increased its urban appeals while remaining in contact with its rural constituents, and _bereaS', Church World Service/CROP has moved from primarily providing resources for emergency relief to supporting long-range self-help programs emphasizing agricultural development, appropriate technology, water resource development, and primary health care, and _bereaS', the Annual Northern Orange CROP Walk, sponsored by Orange Congregations in . Mission, will be h~ldon April 19, ] 998, in support of this organization to help our community become aware of and concerned about hunger and its causes and its effects on all of liS, and a1mtbereaS'" the CROP Walk will raise funds to help stop hunger both locally and globally; .1Jlolt1, ~berefore, 3J, Horace Johnson, Mayor of the Town of Hillsborough, North Carolina, do hereby proclaim Sunday, April 19, 1998 as {tCl\<!&J Balk map in Hillsborough and do urge the citizens of Hillsborough to participate with the North Carolina Council of Churches and Orange Congregations in Mission to support this Walk. ~;r:~ Horace Johnson, Mayor Town of Hills borough Orange County, North Carolina 1--- /7~fl Signed this date . . , ATTACHMENT IV.B 374 KIDS DA \' AMRRICA/lNTRRNA TIONAL PROCLAMATION MA\' 9TH, 199$ W1HlIEJR..JEASt tl[1\,e H,e.cnl!th .cnndl V\veH~lbeilnlg oif chHdlle1nt [s 01lllll JieslponsilbHi.ty; cClllntd/, WJHlJERJEASt lthe 5,cniftt~:lty of OlLll1i cehHdllelnt is .(It sn.glntHR.lC.cnlntlt lCOlntce1rlnt iflOlli pccnJrelllllts, COmmllU[]ntR.tt:y [e.CIIdelis cCltlntd heaRdll lC.C11Ii1e give1rs; cCIIlntd, WlHIJEJR..JEASt lElntviJrOlnt1menltccnl V\vdlif.-aure lis of 1llllntn.velrS,ClIR OQllrlllCelllnt .cnlrlld deseliVes !the lUrltmoslt .(llltltlelrll!tU.olnt; .cnlnt<dl, W~lERJEJ\St. iif s!tcCllJrtedl [Int dl1Hdlhood, jp1rolpeli ]H[le.cnR!tUll, 5.cnifelty ancll ]E IlllV "-IrO Imffi e Illllta i ~1l.(]L lb iL lts lC.dlllll be rll1ccll R.1lll1t.cn lInt ed ifo Ji a H ife dm Ie, IpI("'odlUlci.Jmg .at v.cnluedl Blfllemb<e1i oif soci.ety, .(lllnld elmhcClllrnlCilrng OUli lCornmuJmity; NOWt TJHIJERJEJFOJR..JEt ll, lHloll.ClIoe H. j!olhllms<O>lnt, 51i., Ml.cnY<O>lt.., do helielby jp][.ocla.n.rn the 9th oiF M(.cllY ncg>cg>8 ,atS: HKid~ Day Amelrica/llBlltellJ[1.atloBllaltt ilnt the lrowlm oif HiLHslboliOUgh ;allmd llllrge that lthis d.cny loe d1edliecnted to tlhte eififolrts oif DO<cIt01iS of ChR.JrOjpllFcClllCltO.lC R.Jnt lhteilPllntg ecdl1llllCccnte .diU cn.tiLzeJnt~ oif t!ht,e imlPOJilt.(]L1rnOe oif IHle,Clllltlht, 5.(l,ifelty c(unol lEnvft.liOlntBllllelnlt.(l!R issues .cnifif'ecltilntg oUlr <c<o>mmulmilty. . . , 04/01/1998 17:10 %820'33 SEHIORCTR PAGE 02 ATTACHMENT IV. C 375 TOWN QF HlLLSBOROUGH NORTH CAROLINA 1998 PROCLAMA TION WHEREAS, Governor James B. HWlt has declared ] 998 as the. year of the volunteer to conne~t North Carolina communities through the spirit and power of the volunteer: and 'WHEREAS, The Orange County Retired & Senior Volunteer Program celebrates its twe.nty-fifth year as a leader in helping others through the caring efforts of oyer 1,800 volunteers who have contributed overa million and a half hours of their time; and 'VHEREAS, The Program has currently over 600 volunteers who are assisting, appruximately, 95 Orange County non-profit agencies and who play a vital Tole in the success of the schools, libraries. senior 'centers, English As A Second Language and other programs; amI WHEREAS. the estimated value of their contribution, calculated at a minimum wage, exceeds six million dollars. saving millions in tax dollars. NOW, THEREFORE, I, Horace Johnson. Mayor of the Town of Carrboro, DO HEREB Y PROCLAIM rvtA Y 18, ]998 RSVP VOLUNTEER DAY IN HILLSBOROUGH AND, FURTHER, urge all our citizens to recognize the volunteer contributions to our County and extend appreciation to those who have given of themselves. . . , ATTACHMENT IV.D 376 J>ROCLAMA TION LITTER SWEEP 1998 WHEREAS, North Carolina's beautiful scenery and clean environment are a source of great pride, attracting tourists and aiding in recruiting new industries; and WHEREAS, the North Carolina Department of Transportation's Office of Beautification Programs organizes a statewide cleanup campaign each spring and fall to ensure clean roadsides throughout our state; and WHEREAS, a spring cleanup campaign has been planned for April 17-30, 1998, to help educate the public about the harmful effects of litter on the environment and give every citizen the opportllnity to take responsibility for clean roads in North Carolina; and WHEREAS, this year's spring and fall cleanups will be especially meaningful as 1998 marks the 10th anniversary of the Adopt-A-Highway program in North Carolina. The program began with a few hundred groups and has grown to approximately 6,000 groups. More than 200 Adopt-A- Highway groups have been cleaning their adopted highways since the program began in 1988; NOW, THEREFORE, I, Horace H. Johnson, Sf., Mayor, Town of Hillsborough do hereby proclaim April 17-30, 1998, as "LITTER SWEEP" IN North Carolina, and urge all citizens to participate in keeping our roadsides clean and to reduce and recycle solid wastes. ~}(,. Horace H. Johnson, r., Mayor Town of Hillsborollgh IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal ofI-lillsborough, North Carolina, this the 14th day of April in the year of our Lord nineteen hundred and ninety-eight. . . ~ ATTACHMENT VIII.B 377 AN ORDINANCE AMENDING SECTION 5 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSDOROUGH ORDAINS: Section 1. Section 5-11 ofthe Hillsborough Town Code is hereby amended to read: Section 5-11 Concealed and Unconcealed Handguns Prohibited on Town Property The Town Manager, or his designee, is hereby authorized and instructed to post conspicuolls signagc at appropriatc locations on or within each park and building or portion of a building owned, leased as lessee, operated, occupied, managed, or controlled by the Town, as well as the appurtenant premises to such buildings indicating that can-ying a concealed and/or lInconcealed handgun is prohibited therein. (a) Signs on buildings shall be visibly posted on the exterior of each entrancc by which thc gcncral public can access the building. Thc Manager or his designee shall exercise discretion in determining the nllmber and appropriate location of signs to be placed on or within appUltenant premises and parks. The intent of this sllbsection is to direct the posting of Town property such that, pllrsuant to N.C.G .S. 14-415.11 (c), the carrying of concealed handguns on the posted premises will not be authorized underN.C.G.S. Chapter 14, Article 548 and will therefore be unlawful under N.C.G.S. 140269. (b) No Person may carry an unconcealed firearm on any properly owned by the Town of HilIsborollgh. 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 vote and was duly adopted this l'IfI.. day of .4/JRit, /9'lJl. . Ayes: L Noes: .,9- Absent or Excused -L ~~ onna F. Armbnster, Town Clerk ATTACHMENT IX.A AN ORDINANCE AMENDING CHAPTER 6, MOTOR VEHICLES AND TRAFFIC 378 ~ APPENDIX A, SECTION 6A-12 OF THE HILLSBOROUGH TOWN CODE The Board of COl1unissioners of the Town of H illsborollgh ordains: SECTION I. All section references below refer to the Town of I-1illsborollgh Code, Chapter 6, Appendix A, Section 6A-12 Speed Limits. SECTION 2. Section 6A-]2 Speed Limits In accordance with Subsection 6-20(b), the following speed limits are amended from 35 MPH to 25 MPH for thc strcets indicated: SPEED LIMIT (MPln ON STREET FROM 25 Dixie Avclluc Raincy A vcnuc 25 Harpcr Road Raincy A venuc wcst and t hen north 25 Hill Strcet Highway 70 25 Hill Circlc Hill Strcct . 25 Homemont A venuc Rainey A venuc 25 Lawndale Road Town's old boundary 25 Lawndale A venue Hwy 70 North 25 Raincy A venue Town's old boundary TO Harper Road To\\'n's northcrnmost boundary Raincy A vcnuc Raincy A vcnue Harper Road Rainey A vcnue Torian Strcct and thcn West a dist3ncc or 3pproxil113tely 400 feet northwest to Torain Strect 25 Riddle Avenue Rainc)' ^ vcnuc Ilarpcr Road 25 Torain Street Raincy A venue F3ucelle Mill Road Section 2. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. Section 3. This ordinance shall become effective lIpon adoption. ~ The foregoing ordinance having been sllbmiif to a vote, received the following vote and was duly ndoptcd this /{M day of /j:;...l/..i /fP::. . . Ayes: L Noes: -&- Absent or Excused-L . . , ATTACHMENT lX.B 379 AN ORDINANCE AMENDING CHAPTER 4 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section I.Chapter 4, Appendix A of the Ilillsborough Town Code is hereby amended as follows: VI. A. 2. b. Adulteration of a specimen for testing; or c. A confirmed positive drug test indicating drug use prohibited by this policy. RANDOM TESTING VI. B. I. a. iii. that the penalty for refusing the reqllest to submit to a drug or alcohol test, or adllIterating a drug or alcohol test, is dismissal from Town employment. REASONABLE SUSPICION VI. 13.2. b. iii. that the penalty for refusing the request to submit to a drug or alcohol test, or adulterating a drug or alcohol test, is dismissal from Town employment. POST ACCIDENT VI. B. 4. Ifno alcohol test is conducted at the scene, and the employee leaves the work place, they should not drink any alcoholic beverages for at Ie,ast 8 hours dlle to the fact that the Town may still call the employee back in for this testing. VI. D. All alcohol testing will be conducted by Triangle J COllncil of Governments. Section 2. All Provisions of any Town Ordinance in conOict with this Ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been sUbmitte~ a vote, received the following vote and was dllly adopted thisl1~ day of flt11l~L /f~ . Ayes: L Noes: '..{J- Absent or Excused ~ &~~ . . - 380 Ordinance No. 980310-1 The following ordinance was introduced by Commissioner CAh7~R//t)e /714FhA/ and duly seconded by Commissioner ~"F~ Arh-'1"~/ AN ORDINANCE ANNEXING NON-CONTIGUOUS PROPERTY WHEREAS, a petition was received requesting the annexation of the non-contiguous area described in Section 2 below; and WHEREAS, a public hearing on the question of annexation was held on Tuesday, March 10, ] 998 following notice of such hearing published in the News of Orange on February 25, 1998. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Board of Commissioners finds that: (a) The area described in Section 2 meets all 0 f the standards set forth in G. S. 160A- 58.1(b) More specifically: (1) The nearest point on the proposed satellite corporate limits is less than three miles from the primary corporate limits of the Town; (2) No point in the proposed satellite area is closer to the limits of any other city than to the primary corporate limits of the Town; (3) The area described in Section 2 is situated such that the Town will be able to provide the same services within this area that it provides within its primary corporate limits; (4) The area proposed for annexation is not a subdivision; (5) The area described in Section 2, when added to the area within all other satellite corporate limits, does not exceed 10% of the area within the primary corporate limits of the Town. (b) The petition requesting the annexation of the area described in Section 2 contains the signatures of all of the owners of real property within this area (except property owned by those tax-exempt and other entities specified in G.S. ] 60A-58.]). (c) The petition is otherwise valid. '. . , 381 (d) The public health, safety and welfare of the inhabitants of the Town and of the area described in Section 2 will be best served by the annexation. Section 2. PlIrsuant to Part 4 of Article 4A ofG.S. Chapter 160A, the following area is hereby annexed to and made a part of the Town of HiIlsborough: Commencing at the northeast corner oflot 51 of Phase One - Section C "Fox Hill Farm" as shown on plat recorded in Plat Book 74, page 136, Orange County Registry, said corner having NC Grid coordinates: North 858,812.08, East ],980,350.98, (NAD 83 in feet) and being designated as Point A on the plat: "-Annexation Map- Fox Hill Fann" dated January 22, 1998, as prepared by ENT Land Surveys, Inc. and then running from, said comer N 77-48-05 E 296.84 feet to the point and place of BEGINNING. Thence from said point of beginning the following courses and distances: N 33-02-04 E 200.00 feet to a point and S 56-57-56 E 761.06 feet to a point N 17-0]-12 E 1994.73 feet to a point and S 82-36-08 W 1301.53 feet to a point N 04-19-00 E 204.24 feet to a point and N 82-36-08 E 1267.48 feet to a point N 29-]5-14 W 1394.92 feet to a point and N 60-44-46 E 200.00 feet to a point S 29-15-14 E 737.11 feet to a point and N 60-44-46 E 1410.0 I feetto a point S29-]5-]4E 200.00 feet to a point and S60-44-46W 1410.0] feet to a point S 29-15-14 E 564.79 feet to a point and S 73-42-47 E 932.56 feet to a point S 16-17-13 W 200.00 feet to a point and N 73-42-47 W 874.70 feet to a point S]7-01-]2W 917.30feettoapoint and S36-39-05E 1498.66 feet to a point S 53-20-55 W 200.00 feet to a point and N 36-39-05 W 1351.59 feet to a point S ]7-0]-12 W 9]7.30feettoapoint and S22-46-56E 1598.3] feet to a point S 33-31-03 E 1039.76 feet to a point and N 89-08-18 E 1306.85 feet to a point in the center of New Sharon Church Road. Thence continuing N 89-08-18 E 1] 41.03 feet to a point ] 932.26 feet to a point and S 44-57-38 E 200.00 feet to a point 1725.86 feet to a point and N 89-08-18 E ] ]55.45 feet to a point 200.0 I feet to a point and S 89-08-18 W 1177.25 feet to a point 2521.3 1 feet to a point and N 68-44-12 W 200.00 feet to a point 2440.00 feet to a point and S 89-08-18 W ] ] 88.64 feet to a point in the center of New Sharon Church Road. Thence continuing S 89-08-18 W S 62-17-34 W 1024.10 feet to a point and N 27-42-26 W N 62-17-34 E 937.27 feet to a point and N 33-3] -03 W S 82-45-50 W 1491.98 feet to a point and N 07-14-10 W N 82-45-50 E ]414.78 feet to a point and N 22-46-56 W N 56-57-56 W 937.00 feet to the point and place of beginning, and containing 105.63 acres, and being a portion of the property described in Record Book 872 page 5] 3. N 45-02-22 E S 45-02-22 W S 00-12-52 E S 21-15-48 W N 2]-]5-48 E ]337.50 feet to a point 200.00 feet to a point 890.93 feet to a point 200.00 feet to a point 1407.72 feetto a point Section 3. This ordinance shall become etfective on */2IL I'; $/ - . ~ 382 Section 4. The Town Clerk shall cause to be recorded in the Office of the Register of Deeds of Orange County and in the Office of the Secretary of State an accurate map of the annexed territory described in Sections 2 and 3 together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this/~;A day of 4?lZ1L ,1998. (! J/---- Town 'of Hillsborough Eric Peterson, Town Manager Ayes: 3 Noes: / Absent or Excused: ! SEAL own of Hillsborough Donna F. Armbrister, Town Clerk STATE OF NORTH CAROLINA COUNTY OF ORANGE . !,.st~ c. a...~ . a Notary Public for said County and State, do hereby certiry that Donna F. nster, Town Clerk, personally appeared before me thiS day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the /5 r.t: day of ~rl / , ] 998. ~.~ ./ tary Public ,di2 (Official Seal) My commission expires "7 - /0 ~ . ~ 383 Ordinance No. 980310-2 The following ordinance was introduced by Commissioner tAMt!PJ/rJe, 1'7Z972h/tJ and duly seconded by Commissioner ;:}?/jn('E5 );:}yJC r/ . I AN ORDINANCE ANNEXING NON-CONTIGUOUS PROPERTY WHEREAS, a petition was received requesting the annexation of the non-contiguous area described in Section 2 below; and WHEREAS, a public hearing on the question of annexation was held on Tuesday, March 10, 1998 following notice of such hearing published in the News of Orange on February 25, 1998. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF HILLSBOROUGH ORDAINS: Section I. The Board of Commissioners finds that: (a) The area described in Section 2 meets all of the standards set forth in G.S. 160A- 58. ] (b) More specifically: (1) The nearest point on the proposed satellite corporate limits is less than three miles from the primary corporate limits of the Town; (2) No point in the proposed satellite area is closer to the limits of any other city than to the primary corporate limits of the Town; (3) The area described in Section 2 is situated such that the Town will be able to provide the same services within this area that it provides within its primary corporate limits; (4) The area proposed for annexation is not a subdivision; (5) The area described in Section 2, when added to the area within all other satellite corporate limits, does not exceed 10% of the area within the primary corporate limits of the Town. (b) The petition requesting the annexation of the area described in Section 2 contains the signatures of all of the owners of real property within this area (except property owned by those tax-exempt and other entities specified in G.S. ]60A-58. I). tc) The petition is otherwise val id. . . , 384 (d) The public health, safety and welfare of the inhabitants of the Town and ofthe area described in Section 2 will be best served by the annexation. Section 2. Pursuant to Part 4 of Article 4A ofO.S. Chapter ]60A, the following area is hereby annexed to and made a part of the Town of Hillsborough: A certain parcel of land in HiIlsborough Township, Orange County, North Carolina, further described as: Commencing at NCOS Monument "LEROY" (NAD 27 X=],972,371.32 feet, Y=861 ,682.7] feet) and then running N 77-44-] 0 E 37.04 feet to a point in the center of NC 57, a comer of Phelps property, the point and place ofBEOINNING. Thence from said beginning point, along the common property line of Phelps and Freeland, N 29-27-23 W 312.77 feet to a new point in the Phelps-Freeland line. Then a new line in Freeland property S 44-06-48 W 1461.50 feet to a point. Then a new line in Freeland property N 00-42-37 E 674.53 feet to a point. Then a new line in Freeland property N 88-17-23 W 826.03 feet. Then a new line in Freeland property N 00-12-37 E 545.82 feet. Then a new line in Freeland property S 89-27-23 E 667.83 feet to a point. Then a new line in Freeland property N 02-19-59 E 275.13 feet to a point, an iron stake, the common comer of Freeland, Phelps, and property of Hancock and Moon. Then running with Hancock and Moon, the Phelps property line, N 02-19-59 E 1058.46 feet to a point, an iron stake, a comer with C. D. Hogue, III in the line of Hancock and Moon. Thence running with Hogue, the Phelps property line, S 88-58-44 E 1773.34 feet to a point, an iron stake, Hogue's c.omer in the line of property of Marvin Phelps. Thence a new line in Phelps property S 00-29-27 E ]422.74 feet to a point in the center ofNC 57. Thence with the center ofNC 57, S 62-31-10 W 113.72 feet. Thence continuing with the center ofNC 57, counter-clockwise 503.50 feet along the arc of a curve having a radius of 1942.00 feet (chord S 55-05-3] W 502.09 feet) to the point and place of beginning, and containing 85.85 acres (53.02 acres Phelps land, 32.83 acres Freeland land) as shown of plat entitled "-Annexation Map - FREELAND and PHELPS" dated January 28, 1998, as prepared by ENT Land Surveys, Inc. Section 3. This ordinance shall become effective on /3:JRit.. /tJ/ /f'fl Section 4. The Town Clerk shall cause to be recorded in the Office of the Register of Deeds 0 f Orange County and in the Office 0 f the Secretary of S tate an accurate map of the annexed territory described in Sections 2 and 3 together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1. . . , 385 The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this /t/IA day of ~Zi l , 1998. ~~::: f . C'/ v2-- Absent or Excused:/ Town of Hillsborough Eric Peterson, Town Manager SEAL b~/~, own of HilIsborough Donna F. Armbrister, Town Clerk STATE OF NORTH CAROLINA COUNTY OF ORANGE I, tJ. d >, a Notary Public for said County and State, do hereby certify that Donna F. Annb ster, Town Clerk, personaJly appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the /5--/"L day of ~r/ / , 1998. (Qtlicial Seal) . "~ Notary Public My commission expires 7-~~ , /197 . . , ATTACHMENT IX.E 386 AN ORDINANCE AMENDING CHAPTER 6, MOTOR VEHICLES AND TRAFFIC APPENDIX A, SECTION 6A-12 OF THE HILLSBOROUGH TOWN CODE The Board of Commissioners of the Town of Hillsborollgh ordains: SECTJON 1. All section references below refer to the Town of Hillsborollgh Code, Chapter 6, Appcndix A, Scction 6A-14 Parking Prohibited at All Timcs and amcnd thc distance from Churton Street from 150' to 250'.. SECTION 2. Section 6A-14 Parking Prohibited at All Times In accordance with Section 6-24, parking is prohibited at all times along the following streets or portions of streets: On Street Side From To W. Margaret Ln. N0l1h Chllrton St. 250' West SECTION 3. All ~rovisions of any Town Ordinance in conflict with this Ordinance are repealed. SECTION 4. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted ~ a vote, received the following vote and was duly adopted this /~I/, day of ~/2Il... /r'~ . Ayes: L Noes: ~ A bsent or Excused L 6~~