HomeMy Public PortalAbout04-27-1999 Joint Public Hearing
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PRESENT:
STAFF:
PUBLIC:
O?G
MINUTES
JOINT PUBLIC HEARING
April 27, 1999
Mayor Horace Johnson, Frances Dancy, Evelyn Lloyd, Catherine Martin, Richard
Simpson, Ed Gill (planning Board Vice-chair), Jim Boericke, Richard Bradford, Joel
Brinkley, Cathy Carroll, Pip Merrick, Chris Quinn
Eric Peterson, Kenny Keel, Margaret Hauth
Ben Lloyd, Scott Humphrey, Juanita Diggs, Ronald Horvath, Jim Mooring, John
Blackley, Paul Sharon, Amy Keller, Robert Chambers, Susan Waldrop, Cathy
Thacker
ITEM #1: Mayor Johnson called the meeting to order at 7:00 PM. He noted that the Town
Board would have a short regular meeting following the hearing to discuss some
issues related to the water plant expansion. He added that a property owner within
the notification area was present who had not received a notice. Hauth asked which
owner, and Mr. Humphrey identified himself as the owner of the house across Orange
Grove Road from the site and said he did not receive written notice and was unaware
of the hearing until noticing the sign posted on the property on his way home the night
of the hearing. Hauth reviewed the list of notices she sent and said that according to
her research, the parcel is still listed in Mr. Lloyd's name. She added that the County
records are not always as up-to-date as one would prefer. The members discussed
the options. Mayor Johnson asked if there was any proof that people had received
notices. Hauth said the ordinance requires first class mail, not certified or return
receipt. After much discussion, the Town Board members agreed that a new hearing
should be set, new advertisement made, and new notices mailed. The new notices are
to be certified with return receipt service. Sharon, speaking on behalf of the
applicant, expressed concern about the time delay and concern about exceeding the
requirement to go to certified mail service. He asked what consequences the board
would impose if all the post cards had not been returned by the next hearing. Mayor
Johnson said the Board preferred to err on the side of caution to avoid any legal
challenge to their decision. The members agreed to set the new hearing for Thursday,
May 20 at 7:00 PM in the Barn. The Planning Board members present indicated they
would be available on that date. By consensus, the Town Board members agreed not
to receive any public comment at this hearing, and receive all comments on May 20th.
Peterson asked that staff be allowed to get an opinion from the Town Attorney
regarding the town's liability regarding this delay and the different notification method
and the board agreed. Mayor Johnson passed the gavel to Gill who called the public
hearing to order.
ITEM #2: Gill re-iterated that the hearing on this item would be delayed until May 20, with new
notices to be made.
ITEM #3a: Hauth presented a text change to correct some oversights from the 1994 re-write of
the commercial districts. She asked that the boards consider adding "gallery &
museum" as a permitted use in Central Commercial; delete "bus terminal & garage"
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April 27, 1999
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and "grain & feed mill" as permitted uses in Central Commercial; add "extended care
facility" as a permitted use in HIe; and delete "office and personal services B" as a
permitted use in Neighborhood Business. She added that the type B Office and
Personal Services are those greater than 10,000 square feet.
ITEM #3b: Hauth presented a text change to establish standards for temporary event signs other
than banners. She indicated the increasing difficulty with these type signs as they are
not specifically allowed, but very popular for advertising events. She noted that
options are to find standards for the signs, or prohibit them. She added that the
amendment should include that the signs be removed within 48 hours of the end of the
event, not 7 days.
ITEM #5:
MOTION:
VOTE:
Gill closed the public hearing and passed the gavel back to Mayor Johnson who
adjourned the hearing and excused the Planning Board. Mayor Johnson called to
order the Town Board for a regular meeting.
Peterson presented a draft resolution for consideration regarding the selection and
negotiation with an engineering firms for the design of the water plant expansion. He
and Keel offered to answer any questions.
Commissioner Dancy moved to approve the resolution exempting the design process
for the Hillsborough water Plant Expansion project from the Provisions of NCGS
143-64.31 regarding the selection and negotiation process necessary to procure the
services of an engineering firm. Commissioner Simpson seconded.
Unanimous (4-0).
Respectfully submitted,
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Margaret . Hauth, Secretary
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RESOLUTION EXEMPTING THE DESIGN PROCESS FOR THE
HILLSBOROUGH WATER PLANT EXPANSION PROJECT FROM THE
PROVISIONS OF NCGS 143-64.31 REGARDING THE SELECTION &
NEGOTIAION PROCESS NECESSARY TO PROCURE THE SERVICES OF
AN ENGINEERING FIRM
WHEREAS the Town of Hillsborough needs to expand and renovate its water plant to meet
service demands due to growth; and
WHEREAS, the Town of Hillsbor9ugh Water Fund IS In poor financial condition and
water/sewer rates to customers are high; and
WHEREAS, cost overruns from the reservoir have added to the financial strain of the Water
Fund and pose a threat to the fund's cash reserves; and
WHEREAS, the Town is attempting to run the Water Fund operations in as cost effective manner
as possible in order to re-establish a strong financial position; and
WHEREAS, provisions in North Carolina General Statute 143-64.31 limit a municipality's
ability to include the actual cost of engineering/design services from the competing firms in the
selection process for a project; and
WHEREAS, to protect the Town's financial interest and to assist in maintaining its fiscal
solvency and to aid in selecting the most appropriate engineering firm to perform the design
work for the water plant expansion project; the Town (in accordance with the provisions of
N.C.G.S. 143-64.32) is adopting this resolution to exempt this proje.ct from the provisions of
N.C.G.S. 143-64.31.
NOW THEREFORE LET IT BE RESOLVED by the Town of Hillsborough Board of
Commissioners that the Water Plant Expansion Project is exempt, for the reasons delineated in
this resolution, from the provisions outlined in N.C.G.S. 143-64.31.
ADOPTED THIS 27th day of April, 1999.
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Mayor Horace H. J son, Sr.