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HomeMy Public PortalAbout04-27-1999 Joint Public Hearing . . . 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" . . '. O~7 JPH April 27, 1999 page 2 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, ~} ,f hk,../L Margaret . Hauth, Secretary . . '. 0?3 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. ~~ ~~..__,--l Mayor Horace H. J son, Sr.