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HomeMy Public PortalAbout05-11-1998 Regular Session . . . ATTACHMENT IV.A '.1' . '390 MINUTES TOWN BOARD May]], ]998 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on May 11,1998 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, Kenneth Chavious and Evelyn Lloyd. Staff Present were Town Manager Eric Peterson, Finance Director Sherry Carter, Planning Director Margaret Hauth, Town Engineer Tom Hartye, Street Superintendent Clem Johnson, and Town Clerk Donna Armbrister. Others present were Town Attorney Nick Herman. Mayor Johnson called the meeting to order at 7:34 PM. I. PUBLIC CHARGE Mayor Johnson read the Public Charge. II. ADDING ITEMS TO THE PRINTED AGENDA A. Commissioner Simpson requested to add a statement on behalf of the Town Manager and Police Chief. This was added as Item IX.I. B. Commissioner Chavious requested to add a discussion regarding dealing with the media. This was added as Item IX.J. III. AUDIENCE COMMENTS A. Matters on the printed agenda There were no audience comments. B. Matters not on the printed a~enda There were no audience comments. IV. RESOLUTIONS A. Resolution in Memory of Terry Sanford Mayor Johnson read a Resolution which had been prepared in Memory of Terry Sanford. Mr. Sanford's family was not able to be in attendance to receive this Resolution, so it will be mailed to them. 1 . . . l'" 3<;1 B. Recognition of Achievement as Herald-Sun Front Page Award Winners Mayor Johnson presented Certificates of Achievement to the following Hera]d-Sun Front Page Award Winners: Wesley Tyler Watson - Winner in the Art Category; Campbell Doris Sharpe - Winner in the Eng]ish and Literature Category; Lucy Beth Pearce - Runner Up in the Journalism Category; Kelly Lynn Crawford - Winner in the Citizenship Category; and Tabitha Rene Renn - Winner in the Music Category. C. Orange County Disability Awareness Council Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board moved to approve the Orange County Disability Awareness Council Proclamation by a vote of 5- O. The motion was declared passed. This Proclamation is hereby made a part of these Minutes as Attachment IV.C. V. APPROVAL OF THE MINUTES OF THE APRIL 14TH AND APRIL 15TH. 1998 TOWN BOARD MEETINGS AND THE APRIL 28TH OUARTERL Y JOINT PUBLIC HEARING Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Minutes of the April 14th and April 15th, 1998 Town Board Meetings and the April 28th Quarterly Joint Public Hearing as presented by a vote of 5-0. The motion was declared passed. VI. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reminded the Board of the Joint Meeting with the Orange County Board of Commissioners scheduled for May 12th at 7:30 PM at the New Courthouse. Manager Peterson informed the Board that all Town employees have attended a 5 hour course on Diversity/Sensitivity which was taught by Dr. Benjamin Reese from Duke University. Peterson reported that he felt this has been a positive and enlightening experience for the employees. Peterson reported that the magnolia tree in the yard of the Presbyterian Church which had been cut down last week was dead in the center and posed a hazard to life and property. He showed the Board a picture which was taken of the inside of the tree showing it's condition. A. Presentation of the ] 998-1999 Proposed Budget Manager Peterson presented the] 998-] 999 Proposed Budget for the Board's consideration. Despite presenting a budget that verges on "no frills," the Manager is recommending a seven (7) cent tax increase in the General Fund and 25% rate increases in the water and sewer rates. The Manager stated that while he nor the Finance Director feel these 2 . . . 392 increases are actually high enough to fund the level of service citizens and the Board would like to see the Town provide, they are nonetheless sufficient to maintain current service levels. The Manager stated that these increases should be enough to carry the Town through FYOO without a rate increase. Commissioner Dancy and Commissioner Martin commended the Manager on the budget preparation. VII. REPORT FROM THE TOWN ENGINEER Town Engineer Tom Hartye gave a status report on all current Water/Sewer Projects. VIII. ITEMS FOR DECISION -- CONSENT AGENDA A. Approval of Resolution Adopting Financial Policies B. Miscellaneous Budget Amendments C. Approval of Ordinance to create a "No Parking" zone on Eno Street across from Flynt Fabrics Upon a motion by Commissioner Simpson, seconded by Commissioner Martin, the Board moved to approve the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. A copy of the Consent Agenda items are hereby made a part of these Minutes as Attachment VIlLA, B, and C. IX. ITEMS FOR DECISION -- REGULAR AGENDA A. Joy Woods will address the Board regarding concerns about Town Cemetery maintenance Ms. Joy Woods addressed the Board and outlined several concerns she has with the maintenance of the Town Cemetery including the grounds maintenance, vandalism to headstones, Christmas decorations being up for 5 months, and response time for complaints being answered. By consensus, the Board directed the Town Manager to follow-up with the Street Superintendent to expedite a remedy to these problems. B. Consideration of accepting maintenance of fifty-foot-wide street located between Burger King and Pizza Hut which was dedicated to the Town ten years ago and recorded in the Orange County Registry in Book 826, Page 465 Planning Director Margaret Hauth presented the request for the Town to accept maintenance of the 380' length of Old Dogwood Street. 3 . . . 393 Upon a motion by Commissioner Dancy, seconded by Commissioner Simpson, the Board moved to accept the maintenance of the 380' length of the fifty-foot-wide street to be named Old Dogwood Street which is located between Burger King and Pizza Hut that was dedicated to the Town ten years ago and recorded in the Orange County Registry in Book 826, Page 465 by a vote of 5-0. The motion was declared passed. A copy of the Resolution Accepting the Dedication of New Street Rights-Of-Way for Ownership and Maintenance is hereby made a part of these Minutes as Attachment IX.B. C. Consideration of an amendment to Chapter] 0 of the Town Code to adopt the Orange County Animal Control Ordinance to Provide for Animal Control and Protection Town Clerk Donna Armbrister explained that the Board originally adopted Orange County's Animal Control Ordinance effective AprilS, 1983. Since that time the County has made amendments which have never been incorporated into the Town Code. Armbrister stated that action on this item would incorporate all of the County's amendments both past and future. Upon a motion by Commissioner Chavious, seconded by Commissioner Simpson, the Board moved to adopt an Ordinance Authorizing Orange County to Enforce the County Animal Control Ordinance within the Town of Hills borough by a vote of 4-1 with Commissioners Chavious, Simpson, Dancy, and Lloyd voting Aye and Commissioner Martin voting Nay. The motion was declared passed. A copy of the Ordinance is hereby made a part of these Minutes as Attachment IX.C. D. Consideration of Ordinance to rezone 27 acres north of Old Mill Business Park from EDD-Primary to EDD-Secondary (Planning Board recommends 6-1 in favor) Planning Director Margaret Hauth presented the re-zoning Ordinance for the Board's consideration. Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved to approve the Ordinance to re-zone 27 acres north of Old Mill Business Park from EDD- Primary to EDD-Secondary 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 IX.D. E. Consideration of annexation Ordinance for Hines Liner tract Planning Director Hauth presented the Annexation Ordinance for the Board's consideration and advised them of a change to the legal description which was originally provided on the Petition for Annexation. Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board moved to approve the Annexation Ordinance for the Hines/Liner tract including the updated legal 4 . . . 394 description by a vote of 5-0. The motion was declared passed. A copy of the Annexation Ordinance is hereby made a part of these Minutes at Attachment IX.E. F. 112 N. Churton Street to make building wheelchair accessible. Mr. Tyson Clayton addressed the Board and asked them to consider authorizing Hillsborough Savings Bank to make alterations to the existing sidewalk located at 1] 2 N. Churton Street to enable persons in wheelchairs access to the sidewalk. After some discussion, and upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved authorize Hillsborough Savings Bank to make sidewalk alterations at 112 N. Churton Street to make the building wheelchair accessible provided that they make some type of provision such as the placement of planters and/or painted yellow lines to identifY the area as not to cause a trip hazard by a vote of 5-0. The motion was declared passed. G. Members of the Mt. Bright Church will request the Town erect a directional street sign for the Church at the intersection of Churton Street and Union Street Mr. Caleb Moore appeared before the Board to request permission for Mt. Bright Church to erect a directional street sign to assist persons from out of town in locating the church. Mr. Moore stated that he would work with the Planning Director to obtain the appropriate signage and location for placement. Upon a motion by Commissioner Martin, seconded by Commissioner Chavious, the Board moved to grant permission for the members of the Mt. Bright Church to erect a direction street sign for the Church at the intersection of Churton Street and Union Street provided that it be placed on an existing Town street sign pole by a vote of 5-0. The motion was declared passed. H. Consideration of Resolution authorizing the ]998-99 HOME Program Design Planning Director Hauth presented the Resolution for the Board's consideration. Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board moved to approve the Resolution authorizing the 1998-99 HOME Program Design by a vote of 5-0. The motion was declared passed. A copy ofthe Resolution is hereby made a part of these Minutes as Attachment IX.H. Added Item J, Statement by Commissioner Simpson Commissioner Simpson made a motion, seconded by Commissioner Dancy, commending the Town Manager and the Police Chief on their performance regarding the Police Department Investigation. The Board approved this motion by a vote of 4-1 with Commissioners Simpson, Dancy, Martin, and Chavious voting Aye; and Commissioner Lloyd voting Nay. 5 . . . 395 Added Item J. Commissioner Chavious - Media Commissioner Chavious inquired how the media became aware of the Police Department Investigation issues. Chavious also questioned the Town's Governing Body's adherence to the Town Policy agreed upon at last year's retreat on dealing with the media which states that all media inquiries be referred to the Town Manager and that no personnel issues wOllld ever be discussed with the Media. Commissioner Simpson also expressed his concerns of the degradation this publicity has caused the entire town and all of its employees. Commissioner Dancy agreed that all issues handled in Closed Session should be kept confidential. Dancy stated that the statements which had been made to the press were inappropriate. Commissioner Martin spoke regarding her support for the Town Manager and the Police Chief. X. APPOINTMENTS A. Town Board recommendation to Orange County to re-appoint Alois Callemyn to a full three-year term to serve as the Town's representative on the Economic Development Commission Re-appoint George Sagar to serve second term on the Planning Board as an In- Town representative Town Board recommendation to Orange County to re-appoint Joel Brinkley to serve first full 3-year term on the Planning Board as an Out-of- Town representative Town Board recommendation to Orange County to re-appoint Jim King to serve first full 3-year term on the Board of Adjustment as an Out-of- Town representative B. C. D. Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board moved to approve all of the abovementioned appointments as presented by a vote of 5-0. The motion was declared passed. XI. CLOSED SESSION A. Closed Session to discuss a personnel matter and to consult with the Town Attorney Upon a motion by Commissioner Martin, seconded hy Commissioner Simpson, the Board moved to go into Closed Session for the purposes of discussing a personnel matter and to consult with the Town Attorney by a vote of 5-0. The motion was declared passed. 6 . . . ". XII. ADJOURN Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to adjourn at 1 0:30 PM by a vote of 5-0. The motion was declared passed. ~~ Respectfully Submitted, Donna F. Annbrister, CMC 7 396 May-04-9B 02:07P Town of Carrboro 919 968 7737 P.02 A'ITACHKENT IV. C 3 9 7 . .-:. ".;';, "". .~" " ,,;'~i -f. ' -:-::''''If' ~,:': ";"" '.to!\ ....'. TOWN OF CARRBORO NORTH CAROLINA PROCLAMATION WHEREAS, the Orange County Disability Awareness Council is a non-profit, volunteer citizens' action JI'OUP dedicated to improving the quality of life for persons with disabilities in Orange County~ and WHEREAS, the Orange County Disability Awareness Council seeks to promote opportunities for disabled citizens to work and live in an environment free of barriers imposed by architecture, attitude, andlor lack of opportunity; and WHEREAS, die Orange County Disability Awareness Council conducts annual recognition ceremonies to rec:ogDize individuals, organizations, or groups who actively inctude in their services and programs people with diJabilities~ and wHEREAS, while Orange County and the State of North Carolina offer many opportunities for individuals with disabilities. much of our citizenry remains unaware of the capabilities and aspirations of persons with disabilities; and WHEREAS~ Orange County recognizes that persons with disabilities are a resource we cannot afford to overlook or not use to their highest potential; and . ~; th~ orange ~unty Disab~ity Awareness Council received the ~m lC.~enny ~ld~n Rule , Award and facilitated the rea>gnltlon and receIpt of State level awards for Orange County CItiZenS assistmg penon. with disabilities. NOW, nmREFORE. in recognition of the Orange County Disability Awareness Council receiving the pratisious Ie Penny Golden Rule Award as the most outstanding volunteer group and previous awards of prominence for the past three years, we the governing bodies of Orange County do hereby proclaim Ma~.3 - 1 C, 1998 as DiJabDity Awareness Week and urge aD citizens to become more aware of the needs and capabilities of persons with d;,.bilities, This 12th day oeMay, 1998. TOWN OF CARRBORO TOWN OF CHAPEL BILL By: Michael Nelson, Mayor By: Rosemary Waldorf, Mayor TOWN OF HILLSBOROUGH ORANGE COUNTY 'BY Horace Johnson, Mayor By: Margaret Brown. Chair '01 WElT ""'N 'T~En. CA""'OllO, HC 271110 , tel" e.a.11I41 . ~"'x IIl1el .8'.7737 . TOO 1.'.' .el.7717 "M EQUAL O~_TUN'T't EMPLOYEII . . I ATTACHMENT VIlLA 398 RESOLUTION TOWN OF HILLSBOROUGH FINANCIAL POLICIES WHEREAS, the Town of Hills borough endeavors to insure the Town's fiscal stability; and WHEREAS, the Town has developed specific policies which are general in nature and designed to act as a guide to assist in making sound fiscal management decisions for the Town of Hillsborough, NOW, THEREFORE, BE IT RESOL VBD by the Town ,of Hillsborough Board of Commissioners that the Town does hereby adopt these Financia] Policies which attached as Exhibit A. ~H~Yor Town of Hills borough I ~ ~ ~ t:: h ~ ~ ~ ~ t:A ~ ~ b ~ ~ t-- ~ ~ ~ ~ ~ s ~ t 1-- . .., - - ""l "'0 Q (i2 III gaZ33:::i ::: 0 0 Q:l Q:l 0 ~<~== 5. ~ :::" cfJ Q:l 0' c3n~~= ~ :3 OJ 3 ..., 0 .- ~ ..., ~. ~ o ::: 0::: _. en_~'-""::: :::; ::: a. :::,,0'0 ~nOJ~~en ::: 0 ..... (") en ~ 0'0 ::: VJ -. ~ .- .- oJ c: ~. "'0 0 :::"30.00"-1 ~ -. 0'0 ::: _ :=I ::: en ~ en -. 5 _. en - (") ^' .- -. 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(lJ gg ~ ~ ,.;;:: -" (lJ (lJ (lJ v.... - en ""'t ""'t (JJ ~ =- ~ 0' '<(lJo=:! ~ 3 ::: '< ::l (lJ~en> ::: - ::: QJ - ~ Oi g ::: ~go..(lJ~ i5.. 0 (lJ"2. :: en:::c:r(lJ;:: (l) :: "'< c.._ ~ :::- s:- > ~ ::; - (lJ (") _. ;:.: O'Q ~ (") ~ '< (") (") ~ (lJ o g 8 5 3 -..., - ~ - Q) ..., ~ :: :;"- o 2.. 5i O'Q ~ :e~:::~a. :: 3 ~ :J. ;::: QJ (") -.::: {,11 (lJ ::: (") ~ ~ ~ :::. .0' ~ 00':;00- . (lJ -" en ~ en... ~ 0- ~ a ~ "05>= ~ ::: > g ;. ~ ~ ~ o ~ ":-" -,... n en a.cno ... ;::....:::: =""'to.... ... (lJ .., "0 ::: -0 '< ... eno,<~ 3 ::1 (lJ (lJ ~ . ~ ~ X ~ _. ::. '6' s:- <: ::l <: (lJ (lJ -. (lJ s::!"~ -i > ::: 0:: O'Q~:e:: ::. ~ ==.,. i cD::l:;n_ oo~ Town .~f f1t,llt~ ATI'ACBHENT VIII.B 401 BUDGET AMENDMENTS MAY, 1998 1. GENERAL FUND BEFORE ADJ, ADJ. AFTER ADJ. REVENUES : 10-3350-100 Misc./Confiscation ioAGE $10,422 $1,991 $12,413 EXPENDI1URES : 10-5100-571 Police-Misc./Drug Money ioAGE $12,014 j1,991 $14,005 To fund receipt of substance abuse taxes and restitution payments, $ -0- 46 468 '}46 ~ 468 To fund expense of Diversity Training Workshop for all Town employees. 2, GENERAL FUND .ENDI1URES : 10-4200-461 Admin,-Cont.Serv./Diversity Training 10-4200-020 Adrnin.-Salaries WATER FUND EXPENDIWRES : 30-7200-461 Admin.-Cont.Serv./Diversity Training 30-7200-020 Admin,-Salaries 3, GENERAL FUND EXPENDITIJRES : 10-4100-530 Gov, Body/Dues & Subscrip, 10-9990-000 Contingency $ -0- $2,500 (2,500) 46,468 j46,468 $2,500 (2.500) $ 3,800 30,314 j34,114 $1,000 (1,000) ~ fund contribution to the Greater Triangle J Council. $ 2,500 43,968 $46,468 $ 2,500 43.968 - $46,468 $ 4,800 29,314 _$34,114 1.17 North Charton Street · P.O. Box 429 · lIi1l.,borough, North Carolina 27278 919-7.12.2101. · Fax: 919.732-1028 BUDGET AMENDMENTS MAY, 1998 PW 402 4, WATER F1JND EXPENDITURES : 30-7100-570 Gov, Body/Miscellaneous 30-9990-000 Contingency BEFORE ADJ, ADJ, AITER ADJ. $ 1,425 35,000 $36,425 $1,000 (1,000) $ 2,425 34,000 $36,425 To fund contirubtion to Lake Orange Property Association for the purchase of carp to control algae in the Lake. APPROVED: S - {) . VERIFIED: L.L.~ Donna F. Armbrister, Town Clerk - - . ~ ATTACHMENT VIII. C' 4 0 3 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 Hills borough ordains: SECTION 1. All section references below refer to the Town of Hillsborough Code, Chapter 6, Appendix A, Section 6A - ] 4 Parking Prohibited at All Times and amend the 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 Skk Th Ermn Eno Street South Dimmocks Mill Road 230' West SECTION 3. All Provisions 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 submi~~to a vote, received the following vote and was duly adopted this /IIL day of /Jlijt /t/-tL . Ayes: ~ Noes: -& Absent or Excused -t}-- Ld dA?t~~~ Donna F. Armbrister, Town Clerk . . . ATTACBHERT IX.B RESOLUTION ACCEPTING THE DEDICATION OF NEW STREET RIGHfS-OF-WAY FOR OWNERSHW AND MAINTENANCE WHEREAS. the following street has been offered to the Town of HiDsborougb for public ownership and maintenance; NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF COMMISSIONERS OF THE TOWN OF HllLSBOROUGH, the Town does bQ'eby formally accept the dedication of the following street rights.of-way between the existing Pizza Hut and Burger King restaUr8JltS: Street Name Emm To LeIUrth 380' Old Dogwood Street SR 1009 380' west The foregoing resob:rtion having been submitted to a vote, received the following vote and was duly adopted this U1b day of May, 1998. Ayes: S- Noes: -e- Absent or Excused: . ..e- .JklUL ~ Horace H. J n, Sr.. Mayor Town of HiDsborougb Aua.t ~AM~~~~ Donna F. Armbrister. Town Clerk '; 405 .~ : . '. .1) ~\J V) .' I:, 'b- ','.., ., Q Ie. G . '..r;:, ';::;" 1. ;';f;::>:: " .:,:; ,0,' ".;. ,,~ . . ..:' 'i' . ' , l '. ~ ,'. ::',';,,\,:;"'; " I-.J:..'.;..'-il':~ ~..,:,':::: :;\;i:';'~;":::0: ~i;:;~ ,~. . . " .', ,"::, " ,.,.."~~~ . : ::tl;':':':;';i:?tf{i:.:,; " . I -==='~-~-~~~:'::~~~4 -~'-~c~;i l"~:"~ ' 15&3' " r, ,:', 1/ '. . , yo, , '.. I :,t\'{11 '.'"':,,, :;..:-/ . , . . I ~ . ~ .1... ,." . . ,,,', . :.." '~:. ~-:' :,\":, i" ' ~N , , / r I .j I . ~r>>IZu..': '~/Jr \ I or-waL{ +oj 'R ':\ ~ ti- (lWed- 10 \,. /VV1:t-h 0'1' I '~'G qld.qi-{: ~ -:: , \\ :\MOfoved \~ ~ We..\ -\-',- H4~~ , I " , .,' . '~~-..- - ' " " " .... --....... ----- -- .,---- --------,,--- .~--.,- -- ""-. ~ . . ", . -I' '-, .,,::;: ,";,-','{": : ' - \. " 0,/ I" ." "/ , I' /. ' ~p(.r'Jf:..~) I"" . r ~PO'TlO~\ ~l_ ~~ 8)< \"J1H~~ I-li V ~ O\;'5r A.t.'nr'. i'- I rt- I / - / I.. , I I I' , / / ./ po, c:>-, P HA'-r E.\l.I?II~~ ~ DFi!I'..Jf!0 P....!'(.jo!.ltJ~ r- .." .. .... ri \""C.'C;' -_'.' CC'" ~ I .. ..----.:...... c-~I'5..r"I~.. , APA~it.,r.I..l11"... / / I I I , i FaN V::I i ^?J it:.r; t:Y'J 1~/t(tf'6 , fl. Q r_ Oy '{6~rJ J..J.L- 406 l1.4j . DALTON H. LOFTIN JOHN D. LOFTIN LOFTIN & LOFTIN, P.A. ATIURNEYS AND COUNSELORS AT lAW 117 North Churton Street Post Office Box 733 Ilillsborough, North Carolina 27278 (919) 732-9748 Fax (919) 732-4241 e-mail: JDLoftin@mindspring.com April 21,1998 Honorable Horace Johnson, Mayor 137 N. Churton Street Hillsborough, NC 27278 Dear Mayor Johnson: Approximately ten years ago, Mr. and Mrs. James J. Freeland and Mr. and Mrs. Delmar Brown dedicated a fifty-foot-wide street along their common boundary line located between what is now Burger King and Pizza Hut. The dedication agreement is duly recorded in the Orange County Registry in Book 826, Page 465. . . The existing street that was privately constructed along the dedicated area has been privately maintained since it was constructed approximately ten years ago. On behalf of the Freeland family and Mr. and Mrs. Brown, I respectfully petition the Town of Hillsborough to accept the offer of public dedication made in the agreement referenced above and to henceforth assume the maintenance of said street. The Freelands and the Browns have selected the name "Old Dogwood Street" to be assigned to the street, and I have confirmed with Beth McFarland at the Orange County Planning Dept. that such name is available for use. Please let me hear from you as soon as convenient regarding this request. Very truly yours, ~~ DHUba ~ cc: Mr. Kennett Delmar Brown Daniel Boone Co. ~~~ r6 .r- c-lu I . 01>0 Corn 'f j- -.j \)0 o ~ ~. :T. oocr: I 0 o;::r 00 . '::t ::J- ...j l>O <J r- eI '0' w ~. , " u... >- Ct"."! C) CJ C') .. : uJ ,,:. c:: , f,n to ~L~ NOGUE ~~ .&.nD""lYS AT tAW "llllSIOlllOUCH, N. C. 407 Prepared by and return to: C. D. !logue, Ill, Attorney at Law, LtO West Hargaret Lane, !lillsborough, North C~rollna 27278. HDOC DB-LTD User 1 10-JI-89 STATE OF NORTH CAROLINA 800.~ 826 f'.~(( 1165 RECIPROCAL GRANT OF EASEMENT AND PUBLIC DEDICATION COUNTY OF ORANGE THIS AGREEMENT Is da ted the 3O+h. day of VO V ,19 'Sq, and is by and between DELMAR MARTIN BROWN and~FLORA BOONE BROWN, wiiOhave a mailing address of 221 Caine Street, Hil1sborough, North Carolina 27278, hereinafter known as BROWN, and DANIEL BOONE LTD., a North Carolina Limited Partnership, who has an address of P. O. Box 765, Hil1sborough, North Cora lina 27278, hereinafter known as BOONE, WIT N E SSE T H: THAT WHEREAS, BROWN is the owner of 4.27 acres, more or less, in Orange County, North Carolina, which property has a PIN Number of 9864-80-8446, and which property waa conveyed to BROWN by a deed duly recorded in Deed Book 751, page 452, Orange County Registry; and WHEREAS, BOONE is the owner of 5.15 acres, more or less, lying to the south of the property of BROWN and hsving an Orange County PIN Number of 9864- 80-720J, which property was conveyed to BOONE as Tracts 1 and II In the deed duly recorded in Deed Book 449, page 272, Orange County Registry; and WHEREAS, the aforesaid two tracts of land share a common lIne which is the north line of the tract belonging to BOONE and the aouth line of the tract belonging to BROWN; and WHEREAS, the parties hereto desire to grant an easement for Ingress, egress, and regress and for establishing and maintaining utilities along the said common line, which easement shall be 50 feet in width and shall be dedicated for the use of the public. NOW, THEREFORE, in consideration of the premises and the following mutual grants, it is agreed between the parties as follows: 1. BOONE hereby grants to BROWN an easement for ingress, egress, and regress and for establishing and maintaining utilities along a 25 foot wide strip of land lying on the south side of the line described as follows: BEGINNING at a point, said point being in the western right-of-wsy line of Old North Carolina Highway No. 86 and beIng the northeast corner of the property of BOONE and the southeast corner of the property of BROWN and running thence North 870 42' West 912.94 feet to the southwest corner of the property of BROWN and the northwest corner of the property of BOONE. (This description is taken from the description of the southern line of the property conveyed to BROWN by deed recorded in Deed Book 751, page 452, Orange County Registry.) TO HAVE AND TO HOLD said easement for the benefit of and to run with in perpetuity the land of BOONE forever. 2. BROWN hereby grants to BOONE an easement for ingress, egress, and regress and for establishing and maintaining utilities along a 25 foot wide strip of land lying on the north side of the line described as follows: BEGINNING at a point, said point being in the western rIght-Of-way line of Old North Carolina !lighway No. 86 and being the northeast corner ~f the property of BOONE and the southeast corner of the property of BROWN and running thence North 870 42' West 912.94 feet to the southwest corner of the property of BROWN and the northwest corner of the property of BOONE. (This description is taken from the description of the southern line of the property conveyed to BROWN by deed recorded in Deed Book 751, page 452, Orange County Registry.) TO HAVE AND TO HOLD said easement for the benefit of and to run With in perpetuity the land of BROWN forever. J. All parties to this document do fu~thermore by this instrument and the recording thereof on the public records dedicate the aforesaid easement to the use of the public in perpetuity. Page I . . - IN WITNESS WHERETO, the parties hereto have set their hands and seals. the day and year first above written. BODK 826 mE' /166 ~~lIl"?rrf0~~ iou/v D~L AR HART N B Olm ' ~J ~A.__' d3" ",,,,J F ORA BOONE BROWN {SEAL} {SEAL} DANIEL BOONE, LTD., a North Carolina Limited Partnership BY: ~fI.J.u.J.-J..-. {SEAL} MAXINE H. FREELAND, General Partner STATE OF NORTH CAROLINA COUNTY OF ()p.. fu.l~~ I '~"""'IN \) 0 ~'i?t:"'\.U~ , a Notary Public in and for said County and State. do hereby certify that DELHAR HARTIN BROWN and wife, FLORA BOONE BROWN, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. for the intents and purposes therein expressed. My WITNESS 198'l. STATE OF NORTH CAROLINA COUNTY OF .[Jr:.f<.tJG,< scsI. this the 2l dsy of l0o~",..,..,p,~-R , ~~t~J NOTARY PUBLIC The foregoing instrument was duly executed under seal and acknowledged before me this .d.:l- day.o~J~..~.\h::Jl\..B~I~ ,19it1, by MAXINE H. FREELAND, General Partner of DANl~Y.'a,p(jli~~;>l-<TD.. a North Carolina Limited Partnership. on behalf of the partnerJ~i.,g~ <;.J./;p /I ,- WITNESS my han1'a a My commission eXPire\:q", *' ".:'~'i1J" ", . "<.v,' i'tl\:I\i\ -'.0."" NORTH CAROLINA - ORANGE COUNTY //-/1. . 7'3' in Record Book Return: IjOGU[~~ AlTontllYS 1..1 lAW HlllSI!IOADUGll. H. C 826 465 Page Page 2 408 :E ~~I Ji: :~~' ,0, .~ i~ ..~ ,. . . ~ ATTACHMENT IX.C 409 AN ORDINANCE AUTHORIZING ORANGE COUNTY TO ENFORCE THE COUNTY ANIMAL CONTROL ORDINANCE WITHIN THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH RESOLVES: Section I. Chapter 10 of the Hillsborough Town Code is hereby amended to authorize Orange County to enforce the County Animal Control Ordinance to Provide for Animal Control and Protection within the corporate limits of Hillsborough; Section 2. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. Section 3. This ordinance shall become effective upon adoption and as it may hereafter be amended. The foregoing o/~nce having been slIbmiUe was duly adopted this day of Ayes: L Noes: I Absent or Excused .P to a vote, received the following vote and . . , ATTACHMENT IX.D 410 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLS BOROUGH ORDAINS: The foregoing on.linance having been submitted to a vote, received the following vote and was duly adopted this 11 lb day of May, 1998. Ayes: S Noes.: --e Absent or Excused: Section ]. Section 2. Section 3. The Zoning Map of the Town of Hillsborough is hereby amended to rezone the approximately 27 acre property owned by Old Mill, Inc. north of Old Mill Business Park and south of Interstate 85 (tax map 4.40. A. 22) from Economic Deve]opment District Primary to Economje Development District Secondary. The affected property is that portion of the lot which is west of Cates Creek and described in the deed recorded at Book 1373 Page 361 of the Orange County Registry. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. 4?- ~ onna F. Armbrister, Town Clerk Project Title: F"o('rY1~ 'Rh; (\ e. ~r"tf .ner~dC.J).~~ Address 'P () (.1.~ 3q q REZONING REQUEST , HILLSBOROUGH, NC !LA,a. A . ~;L. Tax Map ~'t4.11 Phone Applicant Address Phone Surveyor/Engineer Address Phone Location/Streets accessed Current Zoning "f:J)[) ~;.t'l~~ Acreage to be rezoned ...:54 k. Proposed Zoning lS"12'D ~~~ Dimensions ~t:l)9u~ Water/Sewer/Septic providers Structures: Existing Critical areas: Flood Steep slopes Historic ~wJj pza.;id1iJ9 'V\1~~ Proposed Drainage/stream Cemetery Other Pond Easements ' .sonsfor requesting the change (See Section 20.3,2): or: Changing Conditions: Other: r 1'\ c.,..~ ~~ ..{) Cue: ; bd .. I.. Y b a. 110 t..J Sif\~~ ~ ~. ~ h~;~ I certify that I am the property owner or truly represent the property owner an~ that the information provided above~ is correct. / / Date ***************************************************** ******************************* Requirements for Public Hearing _ Survey showing: }OO' = }" to 20' = }" scale _ Existing structures _ Critical areas (above) _ Rights-oj-way and width a- Driveways (existing and new) .er --;<,Deed copy -1L. Fee $200 , ~~ ", .~. ~ ....... -'. ! ... '" - C :. V' ~~ I A~.l' /.fl~" # # ~ ,tIt;~,..., #'....~~' ..." ,,9, ....~ , , '" , " . . . " 413 ! ' Ordinance No, 980511-1 The following ordinance was introduced by Commissioner Evelyn Lloyd and duly seconded by Commissioner Catherine Martin. ~. :i. AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS PROPERTY WHEREAS, a petition was received requesting the annexation of the Hines/Liner tract; WHEREAS, the petition was signed by the owners of all the real property located within such area; and WHEREAS, a public hearing on the annexation was held on Tuesday, April 28, 1998 following notice of such hearing published in the News of Orange on April 15th and 22nd, 1998. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF HILLSBOROUGH ORDAINS: Section ]. The Board of Commissioners finds that a petition requesting the annexation of the area described in Section 2 was properly signed by the owners of all the real property located within such area and that such area is contiguous to the boundaries of the town of HiIlsborough, as the term "contiguous" is defined in G.S. 160A-31(f). Section 2. The following area is hereby annexed to and made a part of the Town of HiIlsborough: BEGINNING at the intersection ofthe center of the rights-of-way to US Highway No. 70-E and NC Highway No 86, and running thence with NC Highway No. 86 the following courses and distances: south 390 56' 10" East 483.06 feet; along the arc of a circle to the right having a radius of725.56 feet and a distance of307.22 feet; along the arc ofa circle to the right having a radius of3,106.49 feet and a distance of282.03 feet; South 90 07'42" West 274.10 feet; along the arc ofa circle to the left having a radius of 1,475.63 feet and a distance of355.62 feet; along the arc ofa circle to the left having a radius of 1,503.01 feet and a distance of 196.]9 feet and South 290 43' 07" East 161.27 feet; running thence North 870 17' 59" West 649.68 feet to an iron stake, comer with Meadowlands Development; running thence North 00 33' 17" West 654.79 feet to an iron stake; running thence North 750 57' 25" West 382.00 feet to an iron stake; running thence North 15041' 12" East 225.40 feet to an iron stake; funning thence North 770 06' 1]" West 215.90 feet to the center ofa old stream bed evidenced by the iron stake set on the dam; running thence with the center of the said old stream bed the following courses and distances: North ]4040' 26" East ]60 feet; North 1405]' 36" West 2]5.75 feet; North 400 13' 23" West 101.4]; North 22010' 08" West 106.43 feet and North 30 58' 04" West 33.83 feet to the point where the old stream bed intersects the center of the right-of-way to US Highway No. 70-E; running thence with the center of the right-of-way to US Highway No. 70-E the following courses and distances: North 660 27' 04" West 267.43 . . . 4.14 feet; along the arc of a circle to the left having a radius of] ,60].0] feet and a distance of 579.36 feet and along the arc of a circle to the left having a radius of 1,601.0] feet and a distance of75.25 feet to the beginning, the same containing 26.2783 acres, according to survey and plot of Robert A. Jones, Registered Surveyor, dated October 8, 1986, which survey is recorded in plat book 47 at page 72 of the Orange County Registry and to which reference is hereby made for a more particular description of the same. Section 3. The area within the street right-of-way (to the center of the street) immediately adjacent to the boundaries of the above-described area is also annexed to the Town of Hillsborough. Section 4. This Ordinance shall become effective on May 11, 1998. Section 5. 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 11th day of May, 1998. Ayes: 5 Noes: 0 Absent or Excused: 0 f!1l~ Town of Hillsborough Eric Peterson, Town Manager SEAL ~~ Town of Hills borough Donna F. Armbrister, Town Clerk STATE OF NORTH CAROLINA COUNTY OF ORANGE 1, ~yYl/1 a. a. r<f e.Y , a Notary Public for said County and State, do hereby certify that Donna FI Armbrister, Town Clerk, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witn~ss my hand and official seal, this the /3 H- day of . ~. J/1ILL/ I , 1998. >(~.~ Notary Public My commission expires , ]91$-. 7 -- /0 . . . ". 415 RESOLUTION AUTIIORIZING TIlE 1998-99 HOME PROGRAM DESIGN BE IT RESOLVED, by the Hil1sborough Town Board of Commissioners, that the Commissioners' as a member of the Orange County HOME Consortium approve the following activities for the 1998-99 HOME Program. New Constrnction Funds would be allocated to Habitat for Humanity of Orange County, Inc., an approved Community Housing Development Organization (CHODO) to assist in the construction of six (6) new houses throughout Orange County. The finding amount includes $3,000 that will be used for program administration expenses. $63,000 Neililiborhood Revitalization HomeownershiD Revolvine: Loan Fund Funds would be used to capitalize a Neighborhood Revitalization Loan Fund for the purchase, rehabiliation, and/or new construction of housing in existing neighborhoods. Priority for funding will be granted for activities in the N orthside Community in Chapel Hill.. $210,000 Housine: Rehabilitation Funds would provide deferred loans to rehabilitate low income owner-occupied and rental housing units. Homeowners with less than 60% of mediin income would be eligible for these loans. $180,375 Program Administration $40,300 Total Program Funds $493,675 BE IT FURTIIER RESOLVED, that the Manager is hereby designated as the authorized representative of the County to act in connection with the submission of this revision and to provide such additional information as may be required by the U.S. Department of Housing and Urban Development. This the 11th day of May, 1998, 1f_,~. ..- h - , Horace H. Johnson, Sr., Mayor AITEST: L~~~~ ( Donna F. Armbrister Town Clerk