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Home My Public Portal About11-09-1998 Regular Session . . . 503 MINUTES HILLSBOROUGH TOWN BOARD November 9, 1998 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on November 9, 1998 at 7:00 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, Town Clerk Donna Armbrister, Finance Director Sherry Carter, Police Chief Nathaniel Eubanks, Police Lieutenant Judy Jacobs, and Town Attorney Nick Herman. Mayor Horace H. Johnson, Sr., called the meeting to order at 7:40 PM. 1. PUBLIC CHARGE Mayor Horace H. Johnson read the Public Charge. II. ADDING ITEMS TO THE PRINTED AGENDA Town Manager Eric Peterson requested to add an Ordinance to amend Chapter 6 ofthe Town Code. This was added as Item VII.E. 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. APPROVAL OF THE MINUTES OF THE OCTOBER 12TH & 13TH. 1998 TOWN BOARD MEETING Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Minutes of the October 12th and 13th, 1998 Town Board Meetings as presented by a vote of 5-0. The motion was declared passed. V. REPORTS A. Agreement with Finkbeiner, Pettis & Strout, Inc. for Engineering Services 1 . . . 504 Gary Nixon with Finkbeiner, Petttis & Strout, Inc. appeared before the Board to request their consideration of a proposed Engineering Services Agreement. Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board moved to approve the renewed Engineering Services Agreement with Finkbeiner, Pettis & Strout, Inc. as presented by a vote of 5-0. The motion was declared passed. B. Update on Reservoir Project by the Wooten Company John Poetzsch with the Wooten Company reported on the status of the water supply Reservoir stating that the contractor is now clearing for the construction ofthe completion of the box culvert. The culvert is scheduled to be completed by the end of December. The contractor has requested an extension oftime based on the delay of the 404 Wetlands permit being issued to the Town. He informed the Board that the contractor is also concerned about starting the grading work at the beginning of winter weather. VI. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reported that he is scheduled to meet with an architect tomorrow regarding the Fairview Community Center/Police Substation. Manager Peterson stated that the selection process for the Town Engineer position is scheduled for November 17ili. Peterson reminded the Board of the LOG meeting on the MRF on November 12th and informed them that the meeting has been moved to New Hope Elementary School. VII. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Miscellaneous Budget Amendment B. Consider approving the collection of Carolina Darter in the Eno River at the Town's Reservoir, by the North Carolina Department of Environment and Natural Resources for relocation C. Approval of Manager's revised Employment Agreement D. Consideration of a Resolution Approving the Financial Agreement for the Purchase of the Knuckleboom ADDED ITEM: E. Approval of an Ordinance Amending Chapter 6 of the Town Code to place a stop sign at the intersection of Sweet Gum Drive and Bonapart Drive. Upon a motion by Commissioner Simpson, 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. A copy of the Budget Amendment, the Resolution Approving the Financial Agreement, and the Ordinance Amending Chapter 6 of the Town Code are hereby made a part of these Minutes as Attachments. 2 . . . sns VIII. ITEMS FOR DECISION -- REGULAR AGENDA A. Discussion lead by Lieutenant Judy Jacobs from the Community Policing Division on the possibility of creating a community garden on the Town property located at the Corner of Riddle Avenue and Harper Street. Lieutenant Judy Jacobs appeared before the Board, requesting their support for a community garden project with flowers, and possibly sandboxes for children on the Town'sproperty on Riddle Street and Harper Street.. This would be a community project. Lieutenant Jacobs stated that she intends to apply for a grant for funding the project. By consensus, the Board passed a motion of support for the project. B. Consideration of an Ordinance to amend Chapter 14 of the Town Code regarding Bulk Water Purchases Finance Director Sherry Carter presented the Ordinance for the Board's consideration stating that this would require bulk water purchases to be purchased at the same rate charged to out-of-town residents with a minimum charge of 3,000 gallons per purchase with no bulk purchases being allowed once mandatory water restrictions go into effect. Upon a motion by Commissioner Chavious, seconded by Commissioner Simpson, the Board moved to approve the Ordinance to amend Chapter 14 of the Town Code regarding Bulk Water Purchases as presented by a vote of5-0. The motion was declared passed. A copy of this Ordinance is hereby made a part of these Minutes as an Attachment. C. Consideration ofan Ordinance to amend Chapter 4 of the Town Code regarding the Town's Merit Pay Policy Town Manager Eric Peterson presented the Ordinance for the Board's consideration explaining that this amendment is only a clarification of the existing ordinance. Upon a motion by Commissioner Simpson, seconded by Commissioner Chavious, the Board moved to approve the Ordinance to amend Chapter 4 of the Town Code regarding the Town's Merit Pay Policy as presented by a vote of 5-0. The motion was declared passed. A copy of this Ordinance is hereby made a part of these Minutes as an Attachment. D. Consideration of an Ordinance to amend Chapter 4 of the Town Code to include Mandated Family and Medical Leave Without Pay Town Manager Peterson presented the Ordinance for the Board's consideration stating that this amendment simply places into the Town's Personnel Ordinance the mandated Federal Guidelines of Family and Medical Leave. 3 . . . snG Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board moved to approve the Ordinance to amend Chapter 4 of the Town Code to include Mandated Family and Medical Leave Without Pay as presented by a vote of 5-0. The motion was declared passed. A copy of this Ordinance is hereby made a part of these Minutes as an Attachment. E. Consideration of a Water and Sewer Extension Agreement for Lawrence Park Subdivision John McAdams of John R. McAdams Company, Inc., engineer for the Lawrence Park Subdivision, appeared before the Board requesting approval of a Water and Sewer Extension Agreement. Finance Director Sherry Carter informed the Board that the $100 meter fee per residence had not been included in this agreement. After some discussion, and upon a motion by Commissioner Martin, seconded by Commissioner Simpson, the Board moved to approve the Water and Sewer Extension Agreement for Lawrence Park Subdivision with the addition of the $100 meter fee per residence by a vote of 4-1 with Commissioners Martin, Simpson, Lloyd, and Dancy voting Aye; and Commissioner Chavious voting Nay. The motion was declared passed. Town Manager Peterson informed the Board that he would get with the Town's former Engineer, Tom Hartye, to discuss their concerns with this agreement. F. Consider Adopting a Motion to request NCDOT to perform a Drainage Project on Nash Street, next to Hillsborough Elementary School Upon a motion by Commissioner Simpson, seconded by Commissioner Martin, the Board moved to approve a Motion and authorize the Town Manager to request NCDOT to perform a Drainage Project on Nash Street, next to Hillsborough Elementary School by a vote of 5-0. The motion was declared passed. G. Consideration of Job Description for Public Works Director position Town Manager Peterson presented the Job Description for the Public Works Director position for the Board's consideration. Board members expressed their desire for the employee being promoted to this position to have access to any additional training that the Manager deems appropriate. Upon a motion by Commissioner Simpson, seconded by Commissioner Dancy, the Board moved to approve the Job Description for Public Works Director position as presented by a vote of 5-0. The motion was declared passed. 4 . . . 50'? H. Consideration of an Ordinance to amend Chapter 14 of the Town Code regarding Water Restriction. Manager Peterson presented the Ordinance for the Board's consideration. He elaborated that this amendment would allow residents to water lawns, grass, shrubbery, trees, flower and vegetable gardens except between the hours of6:00 PM and 9:00 PM on Wednesdays, Saturdays and Sundays; and also limit car washing to a minimum. Peterson stated that he felt this only fair since the Town is purchasing the water from Durham. Finance Director Carter further stated that the allowance of watering on Saturday and Sunday is due to the fact that those are low usage times since Flynt Fabrics is not operating then. Upon a motion by Commissioner Martin, seconded by Commissioner Chavious, the Board moved to approve the Ordinance to amend Chapter 14 of the Town Code regarding Water Restriction as presented by a vote of5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these Minutes as an Attachment. X. CLOSED SESSION A. Closed Session to discuss potential Litigation with Town Attorney. Upon a motion by Commissioner Martin, seconded by Commissioner Simpson, the Board moved to go into Closed Session to discuss potential Litigation with Town Attorney by a vote of 5-0. The motion was declared passed. Upon returning to Open Session, and by consensus the Board authorized Town Attorney Nick Herman to contact the Wooten Company and explore the option ofre-routing the Reservoir around the Shambly property. XI. ADJOURN Upon a motion by Commissioner Simpson, seconded by Commissioner Chavious, the Board moved to adjourn at 9:50 PM by a vote of 5-0. The motion was declared passed. ~ Respectfully submitted, Donna F. Armbrister, CMC 5 Town of ~lUi BUDGET AMENDMENTS NOVEMBER, 1998 GENERAL FUND REVENUES : 10-3870-000 Proceeds/Loan-Grapple Loader EXPENDITURES : 10-5800-740 Sanitation-Capital BEFORE ADJ. _$68 ,000 $71,000 To fund additional expense of the Knuckleboom Dump Truck. . APPROVED: s:- 0 /J- f-9.Y" VERIFIED: ~~ Donna Armbrister, Town Clerk ~ ATTACHMENT VII.A 50S ADJ. AITER ADJ. $3,000 j71,OOO j3,000 $74,000 137 North Churton Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-2104 · Fax: 919-732-1028 . . '" '~ ' j" ~ - .~ ~ '='// j . A'ITACHMENT VII. D 50:) Resolution Approvine Financine Terms WHEREAS: The Town of Hillsborough ("Town") has previously determined to undertake a project for Kuckleboom Dump Truck (Grapple Loader), and the Finance Officer has now presented a proposal for the financing of such Project. BE IT THEREFORE RESOLVED, as follows: 1. The Town hereby determines to finance the Project through Branch Banking and Trust Company ("BB&T"), in accordance with the proposal dated October 23, 1998. The amount financed shall not exceed $71,000.00, the annual interest rate (in the absence of default or change in tax status) shall not exceed 4.06%, and the financing term shall not exceed five years from closing. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers and employees of the Town are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. The Financing Documents shall include a Financing Agreement and an Escrow Agreement as BB&T may request. 3. The Finance Officer is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Town officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officer's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval ofthe Document's fmal form. 4. The Town shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this fmancing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The Town hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax- exempt obligations" for the purpose oflntemal Revenue Code Section 265(b)(3). 5. All prior actions of Town officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this rz are hereby repealed, to the extent of the conflict. This resolution shall take effi:ct immediately. ,; ~//(~d~ ~{)CCA-~ ~ (Clerk) (Mayor) SEAL ~~ i ~ .. ./0" ~ ::: ::< .... ::;/ . ~ ~ --. /-- .0 t-..lO~ " n ort og.~ ~~ &:. ~ b:l t-..lO t-3C7\O o~ s: ~""'".1 IDH ~IDZ SQ)~ (I) () X H Z Cil b:l H t:l t/) ~ -0 -oJ .... ~ o o o ..... . . , , ~ ',~ ~.lt .~'~F ~~j:J t;ij....!- '. ':Z'. --'~~I OO'd'jf tlj.., ; 1.~. "J~~ , to to p,o ~ t""'I ('1) ~ .... i:j (JQ "Ij~ ..... ;.<0 ('1)0\ P-?f? , , z o ~ ('1) en ...- ?f? o t--I') to p) ~ (') ('1) () () to "r1~ .... . ;.<~ ('1)Vl P-?f? , , "Ij ~. .... () .... .... N. ('1) i:j en t::j ('1) n - .... = ('1) ~ .... o CO .... ~ ~ ...- ...- en cr" o '"1 t::j 0 ('1) ~ a. ~ .... = CI) ~ g. o (JQ CO en .... ~ z p) ct. o i:j en to ~ t:l ('1) n - S. ('1) ~ .... o CO is: s T ~ o . . . 511. AN ORDINANCE AMENDING SECTION 6 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 6A-6 of the Hillsborough Town Code is hereby amended to add the following stop sign: Stop Street Bonapart Drive Approach West Main Street Sweet Gum Drive 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 ~ submitted to a vote, received the following vote and was duly adopted this 9/-1. day of 'lI/)'1J 6-t r . Ayes: S- Noes: 4)- Absent or Excused .g>- ~~A" Donna F. Armbrister, Town Clerk . . . 512 AN ORDINANCE AMENDING CHAPTER 14 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 14, Appendix B of the Hillsborough Town Code is hereby amended to add the following section on Bulk Water Charges: Appendix B 11. Bulk Water Charges The amount that would be charged using the Out-of- Town rate with a minimum charge of 3,000 gallons per purchase. No bulk purchases will be allowed once mandatory water restrictions go into effect. 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 b7yn submitted to a vote, received the following vote and was duly adopted this tJM day of llif2tl!nt.b.tr. Ayes: .s- Noes: --Ir - Absent or Excused -l)-- k/~, Donna F. Arinbrister, Town Clerk . . . ATTACHMENT VIII.C 51.3 AN ORDINANCE AMENDING CHAPTER 4, PERSONNEL POLICY APPENDIX B OF THE HILLSBOROUGH TOWN CODE The Board of Commissioners of the Town of Hills borough ordains: SECTION 1. Chapter 4, Appendix B, Merit Pay Policy Town of Hillsborough, Merit Pay Amounts, Exceptional - is hereby amended to read: Exceptional - The employee will be awarded a 6% merit increase. The Performance Appraisal Policy does not describe the performance level required to achieve a rating of exceptional. This category of performance will be left to the discretion of the department head. Employees receiving a below standard rating in any performance factor will be ineligible for this level of merit increase. Performance Range - 4.50-5.00 (Average) 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 o~Mance having b~~n submitted to a vote, received the following vote and was duly adopted this day of 1t/&!/}J)1Ur- . Ayes: S- Noes: ~ - Absent or Excused ..:{)- t.~;k~~ D nna F. Armbrister, Town Clerk . . . ATTACHMENT VIII.D 514 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 1 Chapter 4, Section 4-24 of the Hillsborough Town Code is hereby amended to add the following: (f) Mandated Family and Medical Leave Without Pay The provisions of this Section apply in addition to the provisions of Section 4-23 and are not intended to restrict or limit any rights provided to employees by the Family and Medical Leave Act. 1. All eligible employees are entitled to a total of twelve workweeks of leave without pay during any twelve month period in accordance with the provisions of the Family and Medical Leave Act of 1993. The remaining provisions of this section outline the nature and extent of this benefit for information purposes. However, the provisions of the Act and nay applicable regulations are controlling. 2. The entitlement to leave without pay under this section applies to those employees who have worked for the Town for at least twelve months prior to the request for leave and who, during that time, have rendered at least 1,250 hours of service to the Town. 3. Eligible employees are entitled to leave without pay for one or more of the following reasons: A) The birth of a son or daughter of the employee, in order to care for such son or daughter. B) The placement of a son or daughter with the employee for adoption or foster care. C) The need for the employee to care for the spouse, child, or parent of the employee, when such spouse, son, daughter, or parent has a serious health condition. D) An employee's serious health condition that makes the employee unable to perform the functions of his or her position. . . . Section 2. Section 3. 51 r'" '. ;) 4. If a husband and wife both work for the Town, they may be limited to a total of twelve weeks of leave under this section in a twelve- month period for childbirth, placement, or caring for a sick parent. 5. In cases in which the need and leave is foreseeable, such as the expected birth or planned medical treatment, the employee shall provide the Town (i.e., department head or Town Manager) with at least thirty days' notice before the date the leave is to begin. When circumstances prevent the employee from giving the thirty days' notice, the employee is to provide notice as soon as practicable. In cases of leave for planned medical treatment, the employee is required to make a reasonable effort to schedule the treatment so as not to unduly disrupt the Town's operations. 6. While on leave under this section, the employee shall be entitled to receive the same health insurance benefits that would be available if the employee were working. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having b~qh submitted to a vote, received the following vote and was duly adopted this fJ III day of Ad;iJAndJ.tr . Ayes: .s- Noes: 4)-- Absent or Excused -lr ~~~4 Do a F. Armbrister, Town Clerk - . ~ '- ATTACHMENT VIII.H 5 J 6 AN ORDINANCE AMENDING CHAPTER 14 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 14-40.3 Restrictive Measures in Effect at Each Stage of Water Shortage of the Hillsborough Town Code is hereby amended as follows: 14-40.3(b) 1. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except between the hours of 6:00 pm and 9:00 pm on Wednesdays, Saturdays and Sundays. Section 2. Section 14-40.3 Restrictive Measures in Effect at Each Stage of Water Shortage of the Hillsborough Town Code is hereby further amended as follows: 14-40.3(b) 4. Delete the existing text and replace with: 4. Limit car washing to the minimum. 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 or9nance having ~t'fn submitted to a vote, received the following vote and was duly adopted this '#1 day of /tlW.J/}11tur . Ayes: 6 Noes: --tr Absent or Excused .-l)- ~~ Donna F. Aiinbrister, Town Clerk