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Home My Public Portal About12-14-1998 Regular Session . . . 517 MINUTES HILLSBOROUGH TOWN BOARD December 14, 1998 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on December 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, Kenneth Chavious, and Evelyn Lloyd. Staff Present were Town Manager Eric Peterson, Town Clerk Donna Armbrister, Finance Director Sherry Carter, Police Chief Nathaniel Eubanks, and Planning Director Margaret Hauth. Mayor Protem Evelyn Lloyd called the meeting to order at 7:30 PM. I. APPLICANT INTERVIEW Town Board to interview two volunteer applicants to fill two vacancies on the Planning Board. The Board interviewed Cathy Carroll for an In-Town vacancy and Juanita Diggs for an Out-of- Town vacancy on the Planning Board. Mayor Horace H. Johnson, Sr., arrived at the meeting at approximately 7:40 PM. II. PUBLIC CHARGE Mayor Horace Johnson read the Public Charge. III. ADDING ITEMS TO THE PRINTED AGENDA Commissioner Martin announced to the Board that she had attended the Transportation Advisory Committee and suggested that the Board members attempt to attend the TIP Meeting scheduled for April 1999 in Mebane. Commissioner Simpson inquired about the status of the Town leasing space for a cellular phone tower. Town Manager Eric Peterson said that he would check on the continued interest and report back at the January meeting. Mayor Johnson requested that discussion of and review of Ordinance by the Town Attorney be placed on the Agenda for the Board Retreat addressing open bed vehicles hauling debris through Town. IV. AUDIENCE COMMENTS A. Matters on the printed agenda 1 . . . " , 518 There were no comments. B. Matters not on the printed agenda There were no comments. V. APPROVAL OF THE MINUTES OF THE NOVEMBER 9. 1998 TOWN BOARD MEETING Mayor Johnson noted the draft minutys called Nick Herman the Town Engineer which needed to be corrected to the Town Attorney. Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved to approve the Minutes of the November 9, 1998 Town Board Meeting as written including the aforementioned correction by a vote of 5-0. The motion was declared passed. VI. AUDIT PRESENTATION A. John Frank with Dixon Odom and Company Auditing Firm will present the Town's Annual Audit John Frank, Auditor, appeared before the Board and reviewed the Town's Comprehensive Annual Financial Report for Year Ended June 30, 1998. VII. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reported that NC DOT is ahead of schedule on the Faucette Mill intersection project and anticipate project completion by the end of June 1999. Manager Peterson informed the Board that the Fairview Community Center/Police Substation Committee will be meeting later this week and anticipate being able to come before the Town Board in January to present their recommendation. Peterson announced that ESPN2 will be available in Hillsborough after January 1, 1999. VIII. ITEMS FOR DECISION -- CONSENT AGENDA A. Approve Resolution Requesting The US Government To Grant A Waiver Of Deportation To Jose' Federico Campos B. Approve Resolution Updating the List of Employees Authorized to Drive Town Vehicles Home 2 . . . 519 C. Approve Resolution Authorizing Release of State Funding to the Triangle J COG D. Consider a Motion to Support Proposed Amendments to the Interlocal Agreement with the participants in the NCLM NC Interlocal Risk Management Agreement - Workers' Compensation Insurance Program E. Approve Resolution Opposing Proposed Expansion of High level Radioactive Waste Storage Facilities at CP&L's Shearon Harris Nuclear Power Plant F. Miscellaneous Budget Amendments The Board noted that Tom Hartye's name needs to be deleted from the Resolution Updating the List of Employees Authorized to Drive Town Vehicles Home. Upon a motion by Commissioner Lloyd, seconded by Commissioner Simpson, the Board moved to approve the Consent Agenda as presented including the aforementioned correction by a vote of 5-0. The motion was declared passed. A copy of these Resolutions are hereby made a part of these Minutes as Attachments. IX. ITEMS FOR DECISION -- REGULAR AGENDA A. Receive Manager's Annexation Feasibility Report on Hart's Mill Planning Director Margaret Hauth presented the Annexation Feasibility Report. Property owners Kim and Alois Callemyn were present and addressed the Board handing out their own Annexation Report figures. Finance Director Sherry Carter explained that the figures on the Town's Annexation Report and the Callemyn's Report differ because the Town assumed that whether annexed or not they were going to develop. The Callemyn's Report shows the results if they were annexed only, and not planning to develop if not annexed. After some discussion and by consensus, the Board directed staff to further investigate the feasibility of Hart's Mill annexation after the new Engineer begins work. B. Cherba Holt will address the Board to request payment from the Town for all of her unused sick leave, before ending employment with the Town Cherba Holt appealed to the Board for payment for her balance of accrued sick leave. A letter from Town Attorney Mike Brough stating his legal opinion which had been given to the Board members was shared with Ms. Holt. It is the Town Attorney's legal opinion that the Town does not have the legal authority to make the requested payment. Brough's letter explained that 3 . . . 520 he based his conclusion on the case of Leete v. County of Warren. 341 NC 116,462 S.E.2d 476 (1995) in which the court concluded that the county did not have this authority, since it in essence constituted a "gratuity" in violation of Article 1, Section 32 of the North Carolina Constitution, which provides that: ''No person or set of persons is entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services." The court rejected the argument that payments under this provision could be made to employees for previously rendered public services. After much discussion, and by consensus, the Board, considering the Town Attorney's legal opinion, took no further action. C. Request from John D. Wagner for the Town to sponsor a zoning change on his property . Planning Director Margaret Hauth introduced Mr. John D. Wagner, Jr. and explained his request for the Town to sponsor amending the zoning of 13.84 acres located on Peace Street from AR to add the Plus Overlay Zone. Planning Director Hauth stated that the purpose of the Plus (+) Overlay District is to provide a broad area in which Class A and Class B mobile homes are permitted so as to avoid excessive limitations on mobile home location while maintaining desired residential standards within the Town. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to authorize the Planning Director to place this request as an item on the Planning Board's Joint Public Hearing by a vote of 5-0. The motion was declared passed. D. Consider approving contract with Finkbeiner, Pettis and Strout, Limited for engineering and design services for the Cates Creek Outfall Proj ect Upon a motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Board moved to approve the contract with Finkbeiner, Pettis and Strout, Limited for engineering and design services for the Cates Creek Outfall Project by a vote of 5-0. The motion was declared passed. E. Budget amendment for the Cates Creek Outfall Project Town Manager Peterson explained that the figures on the Budget Amendment are estimates only and will be revised once the final figures come in. Upon a motion by Commissioner Lloyd, seconded by Commissioner Simpson, the Board moved to approve the Budget Amendment for the Cates Creek Outfall Proj ect as presented by a vote of5-0. The motion was declared passed. A copy of the Budget Amendment is hereby made a part of these minutes as an Attachment. 4 . . . 521 F. Discuss request from the Triangle Transit Authority to identify possible new park and ride locations and routes of service for the Hillsborough area Mayor Johnson advised the Board that the Triangle Transit Authority has asked the Town to identify possible new park and ride locations and routes of service for the Hillsborough area. Planning Director Hauth mentioned the property across Hwy 70 from the Highway Patrol Station where the old Weigh Station used to be located as a new park and ride location. Mayor Johnson asked the Board to think of other possible locations and service routes for the Triangle Transit Authority to consider and report back at the January 1999 regular meeting. G. Discuss the possibility of forming a Christmas Decorations Committee Town Manager Peterson informed the Board that he has received many requests regarding Christmas decorations for the Town. Commissioner Martin stated that this was a topic of conversation at the last Tourism Board Meeting. Commissioners Martin and Lloyd volunteered to be on a Christmas Decorations Committee. Manager Peterson informed the Board that he would have Pete Champion, Public Works Director, work with Commissioner Martin, Commissioner Lloyd, Commissioner Dancy, and Sally Boericke (who had also expressed an interest) to form a Christmas Decorations Committee which would make recommendations for the Board's consideration during the budget process. H. Discuss FYOO-02 Goal Setting Retreat Mayor Johnson reminded the Board of the FYOO-02 Goal Setting Retreat scheduled for Saturday, February 13, 1999 at 8:30 AM in the Police Department Training Room. I. Discuss Upper Neuse Appointments Commissioner Lloyd stated that she thought Mayor Johnson should continue as the Town's delegate and that the Town Manager should serve as a second. Upon a motion by Commissioner Lloyd, Seconded by Commissioner Simpson, the Board moved to appoint Mayor Horace Johnson to serve as the Town's delegate on the Upper Neuse Association and that Town Manager Eric Peterson should be his back-up by a vote of 5-0. The motion was declared passed. 5 . . . 522 X. APPOINTMENTS A. Recommend to Orange County Board of Commissioners that Alois Callemyn be re-appointed as the Town's representative to serve another term on the Economic Development Commission Board Upon a motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Board moved to recommend to Orange County Board of Commissioners that Alois Callemyn be re- appointed as the Town's representative to serve another term on the Economic Development Commission Board by a vote of 5-0. The motion was declared passed. B. Appoint Pete Champion, Public Works Director, to serve as the Town's representative on the Tree Board Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to appoint Pete Champion, Public Works Director, to serve as the Town's representative on the Tree Board by a vote of 5-0. The motion was declared passed. C. Appoint Cathy Carroll to fill In-Town vacancy on the Planning Board Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board moved to appoint Cathy Carroll to fill an In-Town vacancy on the Planning Board by a vote of 5- O. The motion was declared passed. D. Recommend to Orange County Board of Commissioners the appointment of Juanita Diggs to fill Out-Of-Town vacancy on the Planning Board Upon a motion by Commissioner Martin, seconded by Commissioner Chavious, the Board moved to recommend to the Orange County Board of Commissioners the appointment of Juanita Diggs to fill an Out-of- Town vacancy on the Planning Board by a vote of 5-0. The motion was declared passed. XI. CLOSED SESSION A. Closed Session to discuss possible litigation. Upon a motion by Commissioner Lloyd, seconded by Commissioner Simpson, the Board moved to go into Closed Session to discuss possible litigation by a vote of 5-0. The motion was declared passed. 6 . . . XII. ADJOURN After returning to Open Session, and upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to adjourn at 10: 15 PM by a vote of 5-0. The motion was declared passed. ~~ Donna F. Armbrister, CMC Town Clerk 7 523 Town of .fnD~ 5?4 December 14, 1998 President Bill Clinton The White House Washington, DC 20500 Dear Mr. President: The Hillsborough Town Board joins the Chapel Hill Town Council and the Carrboro Board of Aldermen in requesting your assistance in reuniting an upstanding member of our community and his five children and other family members who are all residents of the State of North Carolina and Orange County in particular. . Mr. Jose' Federico Campos was deported by the INS to El Salvador last month. His deportation took him from his five children, including 10-month old twin girls, and three boys in elementary school. Before his deportation, Mr. Campos worked diligently as a construction supervisor to support his young family. His job paid well and provided health insurance for his family. His oldest son has a serious health condition that requires costly medical attention, currently covered by the family's health insurance. As the enclosed article from The Chapel Hill News details, Mr. Campos is a devoted, loving father and an involved community member. In a time when our state and nation are spending considerable amounts oftime, energy, and tax dollars in a strong effort to track down "Dead Beat Dads" and force them to support their children, we believe that it is senseless and counter productive to deprive a hard working, loving father of the opportunity to support his family and contribute to his community. As concerned officials and taxpayers, we strongly protest the deportation ofMr. Campos. By removing Mr. Campos from his family, a strong two-parent family has become a single-parent household, which is in danger of needed public assistance in caring for these American-born children who are citizens of our country. . 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-2104 · Fax: 919-644-2390 . . . 5(5 Page 2 President Clinton December 14, 1998 We hope that you will agree that Mr. Campos' deportation is wrong, both from a humanitarian and a fiscal view, and that you will use the powers of your office in electing a waiver of deportation for Mr. Campos so that he may be reunited with his children in time for the approaching Holiday Season. Sincerely, ), E~.M~ ~ Frances Dancy, Commissioner ~fr~ Catherine Martin, Commissioner ~ Enclosures: Resolution Articles from The Chapel Hills News 5?6 . RESOLUTION REQUESTING THE u.s. GOVERNMENT TO GRANT A WAIVER OF DEPORTATION TO JOSE / FEDERICO CAMPOS WHEREAS, Mr. Jose' Federico Campos is a positive, contributing member of his community; and WHEREAS, by all accounts, Mr. Campos is a person of outstanding moral character, a hard and honest worker, and a decent and loving family man; and WHEREAS, Mr. Campos' deportation from the United States has caused extreme hardship to not only his five children and other family in the State of North Carolina, but also to his entire community; and WHEREAS, Mr. Campos' speedy reunification with his family in Chapel Hill, North Carolina is the only humane and sensible option for his family and his community. NOW, THEREFORE, THE HILLSBOROUGH TOWN BOARD DOES HEREBY RESOLVE: Section 1. The Hillsborough Town Board hereby requests that the Government ofthe United States immediately grant a waiver of deportation to Mr. Jose' Federico Campos. . Section 2. A copy of this resolution shall be sent to President William Jefferson Clinton, Governor James B. Hunt, Senator Jesse Helms, Senator Lauch Faircloth, Senator-Elect John Edwards and Congressman David Price. Section 3. T . resolution shall become effective December 14, 1998. ~,~ ~tr1t,j; h . C Cat enne Martm, omrmSSlOner . ATTACHMENT VIII.F Town of tHtH~. BUDGET AMENDMENTS DECEMBER, 1998 1. GENERAL FUND BEFORE AD]. REVENUE: 10-3350-100 Misc.-Confiscation iAGE $ 2,lJ2 ADJ. $2,726 EXPEND ITIJRE: 10-5100-571 Police-Misc./Drug Buy Money j 10,246 j2,726 To fund receipt of substance abuse taxes and restitution payments. 2. WATER FUND . EXPENDITURES: 30-8220-740 WWTP-Equipment 30-8220-150 WWTP-Plartt/Equipment Repair $ 40,500 57,000 _$ 97, 500 $1,122 (1,122) To transfer funds for purchase of 2 hp. grinder pump from capital account. 3. WATER FUND EXPENDIWRES : 30-8140-740 Water Dist.-Equipment 30-9990-000 Contingency $ 30,900 108,050 jU8,950 $2,203 (2,203) To fund purchase of pierced arrow (air punch) for underground line repairs. APPROVED: /2-/~-f1Y S-l) VERIFIED: Donna F. Armbrister, Town Clerk . 1.17 North Chllrton Street · P.O. Box 429 · Hil1!lborollgh, North Carolina 27278 919.7.12.2104 · /;ax: 919.7.12.1028 5?7 AFTER ADJ. j 4,858 j 12,972 $ 41,622 55,878 $ 97,500 $ 33,103 105,847 _$138,950 Town of fl~.u~. ATTACHMENT IX.E 5?8 BUDGET AMENDMENTS DECEMBER, 1998 CAPITAL PROJECTS FUND REVENUES : 60-3870-000 Proceeds/Loan-Cates Creek Out fall 60-3970-000 Contribution from Water Fund BEFORE ADJ. -0- ADJ. AFTER ADJ. $1,150,000 $1,150,000 150,000 150,000 j 1 ,300 , 000 _$1 ,300,000 $ 75,000 $ 75,000 125,000 125,000 1,100,000 1,100,000 $1,300,000 $1,300,000 $ -0- EXPENDIWRES : 60-8280-040 Cates Creek Outfall/Design 60-8280-570" " "/Misc. 60-8280-730" " "/Construction $ -0- -0- -0- .TER FUND REVENUES : 30-3750-500 Cates Creek Outfall Fees $ -0- .$ 150 , 000 $ 150,000 EXPENDITURES: 30-8200-920 Contribution to Capital Projects/Sewer Outfall $ -0- _$ 150,000 j 150,000 To fund contribution in lieu of fees; design and construction of the Cates Creek Sewer Outfall. APPROVED: /~ -/{? -Iff 5-0 VERIFIED: ~L Donna F. Armbrister, Town Clerk . 137 North Chllrton Street · P.O. Box 429 · lIill!iborough, North Cnro/ina 27278 919-7.12-2104 · Fax: 919-7,12-1028 . . :; ~ ,;;. 'T <'1 ~~ ".,; . RESOLUTION 98/99 5?9 BY HILLSBOROUGH WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county govemments, have established productive working relationships with the cities and counties across the state; and WHEREAS, the General Assembly continued to recognize this need through the appropriation of $864,270 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed appropriate by their local governments; and WHEREAS, these funds are not intended to be used for payment of members' dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments; and WHEREAS, in the event that a request is not made by a unit of govemment for release of these funds to our Regional Council, the available funds will revert to the State's General Funds; and WHEREAS, in Region J funds in the amount of $4B,015 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to, and consequently, the benefits of the Research Triangle Park. NOW THEREFORE BE IT RESOLVED, that HILLSBOROUGH requests the release of its $330.14 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of section 16.5 of Senate Bill 352, the 1997 ratified budget bill. Adopted this I'IM day of ])ecEm.BEg, 19ecb at 111?6Jd.4JC /lJ~;.y by: ~J~~(Signature) Chief Elected Official , .....y ~_ (signature) Itness; .' '&~ \~ 5::' 'i:: -_.:..~~~~:T~. ~- ~ , . . .,..,-r :i-..s::i7AL * ;;; ~', i!" .... ;"'";'; --:" . - . . . 530 RESOLUTION AUTHORIZING EMPLOYEES TO DRIVE TOWN VEHICLES HOME WHEREAS, the Town of Hillsborough provides vehicles for the use of certain Town employees who hold positions considered to be essential; home. NOW, THEREFORE, the employees herein listed are authorized to drive Town Vehicles EMPLOYEES AUTHORIZED TO DRIVE TOWN VEHICLES HOME EMPLOYEE EMPLOYEE TITLE DATE NAME ADDED Eric peterson Town Manager Nate Eubanks Pollee Chief John Cook Fleet Maintenance Supervisor/Mechanic Pete Champion Sanitation Superintendent Russell Bateman Chief Water Plant Operator/Safety officer Adron Thompson Water and wastewater Field Supervisor Darnell Pettiford Assistant water and Wastewater Field Supervisor Bill Abrams utility Mechanic Sammy Lankford Electrician Scotte Cannada water and Wastewater Maintenance Worker II 07.27.98 Keith Webster Pollee Officer (Canine Handler! 08-01-98 Ricky Bullock Laborer II 11-26-98 Kenny Keel Town Engineer 01-04-99 ATTES~~~.zf.r, ~~~~ Town of Hills borough 531 HILLSBOROUGH TOWN BOARD . A RESOLUTION REGARDING PROPOSED EXPANSION OF HIGH LEVEL RADIOACTIVE WASTE STORAGE FACILITIES AT CP&L'S SHEARON HARRIS NUCLEAR POWER PLANT WHEREAS, on September 15, 1998, the Hillsborough Board of Commissioners were advised as to the plans for the expansion of the high level radioactive waste storage facilities at Carolina Power & Light's Shearon Harris nuclear power plant in Wake county; and WHEREAS, the Hillsborough Board of Commissioners have been apprized of the potential risks inherent with the doubling of the storage capacity of the temporary storage pools for high level radioactive waste for the purpose oflong term storage of high level radioactive waste, not only from the Shearon Harris plant, but also from two other nuclear power plants from elsewhere in North and South Carolina; and WHEREAS, citizens of Hills borough who are alarmed about the plans to expand the waste storage capacity at the Shearon Harris facility and the lack of public input into the approval process for those plans have requested that the Hillsborough Board of Commissioners intervene in the plan approval process on behalf of the citizens of Hillsborough to ensure that no such expansion occurs without the public's knowledge and consent; and . WHEREAS, on November 9, 1998, the Orange County Commission for the Environment passed a resolution asking that Board of county Commissioners request that an appropriate entity hold public hearings in which Carolina Power and Light will provide additional information about its plans to expand its storage capacity at Shearon Harris and respond to questions about long term storage of high level radioactive wastes: NOW, THEREFORE, BE IT RESOLVED THAT the Hillsborough Board of Commissioners requests that the North Carolina Department of Environment and natural Resources and the Nuclear Regulatory Commission conduct public hearings in which Carolina Power & Light and appropriate regulatory staff: I) explain the plans to expand the storage facilities for high level radioactive waste at the Shearon Harris nuclear power plant; 2) outline the risks or lack thereof and explain the risk assessment methodology employed to develop risk projections related to the use of facilities designed for short term storage of high level radioactive wastes for long term storage; 3) outline the risks or lack thereof and explain the risk assessment methodology employed to develop risk projections associated with the transportation and handling of materials from other distant nuclear power generating facilities; and 4) accept and consider public comments relative to support for or opposition to operating or expanding such a facility in this area. This, the 14th day of December, 1998. . ~;l()J.~~ ).., Horace H. Johns&., Sr., Mayor