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HomeMy Public PortalAbout06-21-1999 Public Hearing . . . 049 MINUTES PUBLIC HEARING June 21, 1999 PRESENT: Mayor Horace Johnson, Ken Chavious, Frances Dancy, Evelyn Lloyd, Catherine Martin, Richard Simpson, John Taylor (pB chair), Richard Bradford, David Daniel, Ed Gill, Jim Boericke PUBLIC: Approximately 40 citizens, Charles Elam, Sy Vogel, Michelle Beauchman, Eric Peterson, Donna Armbrister, Kenny Keel, Nathaniel Eubanks, Pete Champion, Margaret Hauth Mayor Horace H. Johnson, Sr. called the meeting to order at 7: 1 0 PM. I. Mayor Horace Johnson read the Public Charge. 2. PUBLIC HEARINGS A. Board of Commissioners: Consideration of Annexation of Hillsborough Place Development Consisting of341.93 acres at the northeast quadrant of the I -40/0ld NC 86 Intersection B. Joint Public Hearing with the Planning Board: Consider Zoning Map Amendment to Zone Hillsborough Place as a PUD (planned Unit Development) By consensus, both Boards agreed to hold the Public Hearings together. Mayor Johnson opened the floor for questions and comments from the public on the annexation of the proposed Hillsborough Place development. Bill Vinson, resident of Stagecoach Run, expressed concern about the intensity ofthe proposed development in close proximity to their rural subdivision. He added that he was curious to hear more about the details of the proposal. Peterson asked the members if a presentation by the developer would help bring everyone to the same point and assist with answering some questions. By the consensus the Town Board agreed to merge the two hearings (annexation and rezoning) and proceed with hearing public comments, to be followed by the developer's presentation. Mayor Johnson passed the gavel to Planning Board chair John Taylor. Syd Kaplan, Cornwallis Hills resident, expressed her concerns about this development and utilities. She noted that recently her property was being surveyed related to a sewer line expansion and she had not been notified that the crew would be on her property, nor had the crew been able to answer many questions about why they were there. Peterson noted that the civil engineering firm designing the Cates Creek outfall had proceeded with surveying without notifying property owners and that the firm has been told such practice is unacceptable. Lee Zinn and Vic Knight both asked to delay their comments until after the presentation. Page 1 050 . Susan Belliger, 17 -year resident of the historic district, spoke against the annexation of this development. She said the town cannot handle this much growth. Beth Bellinger, OHS student spoke about school overcrowding and indicated her opposition to this development. Lisa Brown said she did not wish to speak. Jo Soulier, property manager for Cornwallis Hills, asked what demographic studies or information about the new residents could the developers provide, so that this development's impact on schools could be determined. She also asked where the right-of-way for the improvements to Old 86 would be coming from. June Haas, Old NC 86 resident, expressed her curiosity about the project and asked whether it would be in her neighborhood's benefit to also seek annexation. Mayor Johnson indicated that her neighborhood would be very difficult to serve with sewer. He noted that the improvements this development would construct would not be available to her neighborhood due to topography. Steve Anderson and Mary Terry both asked to delay their comments until after the presentation. . Martin Brown, resident of Stagecoach Run, discussed his concerns about the development. He said that when the EDD hearings were held a number of years ago, the adjacent owners had been promised a 100 undisturbed perimeter buffer to protect their property. He asked that this development guarantee this buffer. He added that some of the lots included in proposal are part ofthe Stagecoach Run subdivision and carry restrictive covenants to limit them to I ~ acre residential lots. He asked that the developers indicate their intention for their properties. Jaine & Tom Sadler said their comments are the same as Brown's and they want to hear the presentation. John Delconte, resident of the historic district, expressed his concern about this and other development around town. He noted that the main reason he moved here was for the small- town character. Sam Bratton, a property owner requesting annexation, spoke in favor of the development. He noted that the proposal meets the intent and purpose of the Economic Development District. Bob Rose, 229 East Queen St, spoke in general favor of the development, but asked the Boards to delay any final decision on the development for 3 to 6 months to allow greater public participation and understanding of the details of the development. Mayor Johnson spoke as a private citizen. He reminded the board members that the town has a policy of making all development pay for itself. For this development, the land for the public safety building is offered, but not the building. He noted that the developer must also provide the building. He added that the building site needs to be moved closer to Old 86 to provide better protection for the retail portions of the development. He noted that an estimated cost for the building would be $400,000. In return he noted, the town would be committing to approximately $600,000 worth of public investment in terms of personnel, vehicles, and supplies to adequately staff and supply the building with police and fire services. He noted that if the developer doesn't provide the building portion ofthe cost, the town is looking at a $1,000,000 expense, in which case, it would not be in the town's best interest to annex this development. . Page 2 . . . 051 Tom Tiemann, resident of Cornwallis Hills, said that he is an economist by training and a former member of the Town's Board of Adjustment and the County Economic Development Commission. He noted that he agreed with some of Johnson's comments. He encouraged the board to be creative and get the developer to build some non-residential portions first so that additional tax revenue will be received before significant services are required. Peterson said that he had spoken to the Orange County manager and discussed the possibility of a courtesy review of the development by the county. He said that he asked the county to submit all comments on the development on or before the Planning Board meeting on July 6, which will be when the Planning Board formulates its recommendation on this project. Hauth provided a brief synopsis of the annexation process so far and the implications of the Planned Unit Development zoning regulations. Charles Elam presented the development plan for Hillsborough Place. He went through most of the pages in the development book, detailing the proposed development, the mixture of uses, buffers, and phasing schedule. He answered general board member questions. Taylor went back through the list of speakers. Lee Zinn said the buffer issue has been addressed. Steven Anderson, Cornwallis Hills resident, spoke and asked the board members to delay making a decision on this project to allow for more public involvement and see if the developers can make modifications to address the concerns. Mary Terry, resident along NC 86, spoke. She noted her concern that multi-family will be adjacent to her property and the buffer doesn't seem to be as wide there. She said she agreed with the concerns that others raised about traffic and schools. Jo Soulier spoke for Don VonHagen and asked if the . residential component couldn't be reduced so that current residents of town could fill some of the jobs in this development, rather than importing both jobs and employees. Vic Knight asked questions about the traffic study and signaling. John Taylor closed the public hearing and returned the gavel to Mayor Johnson who called for a five-minute recess. Mayor Johnson reconvened the regular meeting. 3. ADDING ITEMS TO THE PRINTED AGENDA Town Manager Eric Peterson requested to defer Item 8.C. to the July Meeting. By consensus, the Board agreed. Planning Director Margaret Hauth requested that a Board of Adjustment volunteer appointment be added to the printed agenda. The Board of Adjustment appointment was added as a New Item 8.C. 4. AUDIENCE COMMENTS A. Matters on the printed agenda Page 3 . . . ns? . ~ There were no comments. B. Matters not on the printed agenda There were no comments. 5. APPROVAL OF THE MINUTES OF THE MAY 10TH, MAY 17TH, MAY 20TH, AND .JUNE 8TH BOARD MEETINGS Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Minutes of the May 10th, May 17th, May 20th, and June 8th Board Meetings as presented by a vote of 5-0. The motion was declared passed. 6. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson requested the Board to excuse him from the September Board Meeting. By consensus, the Board agreed. 7. REPORT FROM TOWN ENGINEER Town Engineer Kenny Keel gave a status report on all current water and sewer projects. 8. ITEMS FOR DECISION -- CONSENT AGENDA A. Adoption of the North Carolina Department of Cultural Resources, Division of Archives and History's Municipal Records Retention and Disposition Schedule B. Adoption of Motion Authorizing NCDOT to hire a qualified engineering firm to inspect the bridge on Exchange Club Lane and invoice the Town for 20% of the cost c. COllsidel Renewing Pire Inspec.tion Agleement with Olcl.llge County This Item was deferred to the July 1999 meeting. NEW ITEM C. V olunteer appointment to the Board of Adjustment. D. Approval of Resolution Designating Authorized Representatives from the Town of Hillsborough with the Authority to execute all appropriate documents for the Stock Transfer Account with First Citizens Bank E. Consider Approval for Leasing of Town Land to the State of North Carolina for the Development of Occonecchee Mountain Park F. Consider Approval of a Motion to Authorize a Sick leave Transfer Policy Page 4 053 . Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to approve Items 8.A-F as presented by a vote of 5-0. The motion was declared passed. A copy of the Municipal Records Retention and Disposition Schedule and the Resolution Designating Authorized Representatives from the Town of Hillsborough with the Authority to execute all appropriate documents for the Stock Transfer Account with First Citizens Bank are hereby made a part of these Minutes as Attachments. 9. ITEMS FOR DECISION - REGULAR AGENDA A. Discuss Request from the Orange County Historical Museum to Consider a Lease Extension Town Manager Eric Peterson explained that the Orange County Historical Museum is currently leasing the building from the Town. The current lease expires on August 31,2001. The Museum would like to start negotiating a new lease for an additional ten years, beyond 2001. Peterson informed the Board that the Town cannot enter into leases for property in excess of ten years, without following the same statutory procedures that are required when selling property. He also stated that he felt the reason the Museum is interested in discussing the lease renewal so early is due to rumors and interest of the First Presbyterian Church in purchasing the building. Marion Jackson, President of the Orange County Historical Museum Board, appeared before the Board and respectfully requested they consider renewing the lease agreement. . Commissioner Martin, speaking on behalf ofthe Tourism Board, stated that the location is perfect for the Orange County Historical Museum and recommended approving a renewed lease agreement. No final decision was made on this issue. B. Centex Homes will request the Beckett's Ridge Homeowner's Association be allowed to reimburse the Town annually for the additional cost of upgraded street lights, via service through Piedmont Electric Town Manager Peterson explained that the Town pays a set amount for each street light in Town. Centex Homes is requesting the Beckett's Ridge Homeowner's Association be allowed to reimburse the Town annually for the additional expense of upgraded street lights, via service through Piedmont Electric. Joe Jenkins from Centex Homes addressed the Board and stated that their desire is to give Beckett's Ridge a "downtown look" with coach lights. This would be more expensive than the normal street lights installed throughout the Town, but he has arranged with Piedmont Electric for the Beckett's Ridge Homeowner's Association to pay Piedmont Electric directly for the additional expense. This arrangement will not cause any additional work on Town staff, and the Town can continue to pay the same amount for these lights as the others throughout Town. The Board referred . this item to the staff for further review and requested it be brought back at the July meeting for Page 5 . . . 054 further consideration. C. Consideration ofthe FY 1999-2000 Budget Ordinance The Board commended Town Manager Peterson on his preparation of the Budget information. Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to adopt the FY 1999-2000 Budget Ordinance as presented by a vote of5-0. The motion was declared passed. A copy of the FY 1999-2000 Budget Ordinance is hereby made a part of these Minutes as an Attachment. D. Consideration of Bid Award for Residuals Storage Tank Town Engineer Kenny Keel presented the results of the bids received for construction of a Residuals Storage Tank. Engineer Keel recommended that the bid be awarded to Bryant Electric in the amount of$173,000. Upon a motion by Commissioner Lloyd, seconded by Commissioner Simpson, the Board awarded the bid in the amount of$173,000 to Bryant Electric for construction of a Residuals Storage Tank by a vote of 5-0. The motion was declared passed. A copy of the bid tabulation is hereby made a part of these Minutes as an Attachment. E. Considerationofan Ordinance to Amend the Zoning Map to Rezone 19.07 acres on Orange Grove Road from Residential-l- to Multi-Family Planning Director Margaret Hauth presented the Ordinance amendment for the Board's consideration. Planning Director Hauth stated that at the Public Hearing one property owner across Orange Grove Road spoke in favor on behalf of himself and an adjacent owner. Hauth reported that the Planning Board recommended approval by a vote of7-3. Those members opposing the re-zoning expressed concerns about traffic issues and the possible gating of the community. Planning Director Hauth recommended that the Board adopt the Ordinance amendment. Ron Horvath, Engineer, assured the Board that the community would not be gated if there was strong opposition to it. Upon a motion by Commissioner Simpson, seconded by Commissioner Dancy, the Board moved to adopt the Ordinance to Amend the Zoning Map to Rezone 19.07 acres on Orange Grove Road from Residential-l- to Multi-Family as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance amendment is hereby made a part of these Minutes as an Attachment. F. Consideration of an Ordinance to Amend Section 3.4 of the Zoning Ordinances (Changes to the Table of Permitted Uses) Page 6 055 . Planning Director Margaret Hauth presented the Ordinance amendment for the Board's consideration and stated that no public comments were made at the Public Hearing. Hauth reported that the Planning Board unanimously recommended approval. Planning Director Hauth recommended the Board adopt the Ordinance amendment. Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board moved to adopt the Ordinance to Amend Section 3.4 of the Zoning Ordinances (Changes to the Table of Permitted Uses) as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance amendment is hereby made a part of these Minutes as an Attachment. G. Consideration of an Ordinance to Amend Section 8.4.H (Temporary Community Event Signs) Planning Director Margaret Hauth presented the Ordinance amendment for the Board's consideration and stated that no public comments were made at the Public Hearing. Hauth reported that the Planning Board unanimously recommended approval. Planning Director Hauth reco'mmended the Board adopt the Ordinance amendment. . Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board moved to adopt the Ordinance to Amend Section 8.4.H (Temporary Community Event Signs) as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance amendment is hereby made a'part of these Minutes as an Attachment. H. Consider Approval of Water/Sewer Extension Agreement with the Orange County School System for utility service to the Elementary School in the Mars Hill area Town Manager Peterson presented the proposed contract and reported that it has been reviewed by the Town Attorney and that no problems had been identified. Town Engineer Keel presented an overview of the project and reported that both he and the Town Manager recommended the Board approve the Agreement. Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board moved to approve the Water/Sewer Extension Agreement with the Orange County School System for utility service to the Elementary School in the Mars Hill area as presented by a vote of 5-0. The motion was declared passed. A copy of the Agreement is hereby made a part of these Minutes as an Attachment. I. Consideration of an Ordinance Amending Chapter 14 of the Town Code to add an Appendix outlining Technical Specifications for Water & Sewer Systems Town Manager Peterson reported that the Town Engineer has developed a set of technical . specifications for formal adoption by the Town. Currently, the Town has no formal requirement for Page 7 . . . 056 developers when they are installing utilities, etc. in new developments, projects, etc. These specifications will now clearly delineate what is expected of developers when they are doing business with the Town of Hills borough. Peterson explained that in addition to doing a better job of providing information to Town customers, the specifications will also make it easier to protect the Town's interests. He reported that the Town Attorney has reviewed the proposed specifications. Town Engineer Keel presented the Ordinance amendment to the Board for their consideration. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to adopt the Ordinance Amending Chapter 14 of the Town Code to add an Appendix outlining Technical Specifications for Water & Sewer Systems as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance amendment is hereby made a part of these Minutes as an Attachment. J. Discuss Request from NCDOT to share comments on the development of their Strategic Plan Town Manager Peterson reported that NCDOT had requested the Board share with them any comments they may have on the development of the Strategic Plan. The Manager asked the Board members to get their comments to him or Planning Director Hauth with in the next week. K. Consider Appropriation for Construction of the New Institute of Government Building Town Manager Peterson reminded the Board of the massive multi-year renovation of the Institute of Government in Chapel Hill which includes the addition of a North Carolina Local Government Wing. He reported the project is $4.0 million over budget. Both the N.C. League of Municipalities and the N.C. Associations of Count Commissioners have each pledged $50,000 as a kick-off gift for this campaign. They are asking each local government make a pledge, to help offset the shortfall, equal to each unit's annual Institute dues. Manager Peterson recommended the Board approve pledging $1,100 per fiscal year for the next three years. Upon a motion by Commissioner Simpson, seconded by Commissioner Dancy, the Board approved an Appropriation for Construction of the New Institute of Government Building in the amount of $1, I 00 per fiscal year for the next three years by a vote of 5-0. The motion was declared passed. L. Discussion of Resolution regarding Civil Discourse in Orange County Town Manager Peterson presented the Resolution for the Board's consideration and reported the Orange County Board of Commissioners passed a similar resolution and requested the Hillsborough Board consider a similar type of action. Page 8 . . . 057 Upon a motion by Commissioner Simpson, seconded by Commissioner Dancy, the Board moved to approve the Resolution regarding Civil Discourse in Orange County as presented by a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby made a part of these Minutes as an Attachment. M. Discuss Information Dissemination to Town Board Candidates During the 1999 Election Town Manager Peterson outlined a process for disseminating information to Town Board Candidates during the upcoming election which would assure that all candidates are treated equally and receive the same information. By consensus, the Board agreed to the proposed information dissemination process. N. Discuss the possible cancellation of the August Board Meeting Manager Peterson led a discussion regarding the Board taking a break in their meeting schedule during the summer as do many other municipalities. By consensus, the Board authorized the Town Manager to cancel the August Board Meeting and amend the 1999 Board Meeting Schedule to reflect this change. O. Discuss Review Process for Non-Residential Development This Item was tabled to be considered at a later date. 10. ADJOURN Upon a motion by Commissioner Chavious, seconded by Commissioner Simpson, the Board moved to adjourn the meeting at approximately 10:30 PM by a vote of 5-0. The motion was declared passed. Respectfully submitted, ~A.~ Planning Director ~~ Town Clerk Page 9 . . ~ ~~ ~ :::: '" ..., en.... . ~ cr'...... " 00 ~ (3 '-t <. ~o. '- (rQ~. . ::r ::s Cll II) ~ Cll ~gg"QQ.....:) zo. 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(/I ll> c: ~ O"a. 3 _. ::i(/l CD ll> a...... o 2 ~ CD -I^ o CD ::E ~ ~ ~ ma ~ ::r <e."'U ~. CD ^ ClI ClI :::!..CD c:- :;"'U ;::;:m (ii' (/I 9 ..., CD S o ..., t90 . . ~ 9.E OE14, AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 21 st day of June, 1999. Ayes: 5 Noes: -e-- Absent or Excused: Section 1. Section 2. Section 3. The Zoning Map of the Town of Hillsborough is hereby amended to rezone the 19.07 acres owned by Heritage Group Partners on the north side on 1-85 at Orange Grove Road (tax map 4.38.E.5&5b and part of 38C) from Residential-l 0 to Multi-family. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. r9- Lo!~ Donna F. Armbrister, Town Clerk . . ~ 9.F 065 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF IDLLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 3.4 of the Zoning Ordinance of the Town of Hillsborough is hereby amended as follows: Bus terminal & garage Extended Care Facility Gallery & Museum Grain & Feed Mill Office & Personal Service B Delete from permitted use in CC Add as permitted use in HIe Add as permitted use in CC Delete_from permitted use in CC Delete from permitted use in NB 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 been submitted to a vote, received the following vote and was duly adopted this 21st day of June 1999. Ayes: .s Noes:-& Absent or Excused# ~~d~~ Donna F. Armbrister, Town Clerk . . , 9.G 066 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 2. Section 3. Section 8.4.h of the Zoning Ordinance of the Town of Hillsborough is hereby replaced with the following language: Announcements by public or non-profit organizations of fund nllsmg events, special events, or activities of interest to the general public, other than political signs. Signs may be erected up to 2 weeks prior to the event and shall be removed within 48 hours after the event. Such signs shall be of rigid construction (not banners) and shall not exceed 8 square feet in area. Signs shall be limited to 4 per event at differentlocations. No more than 2 signs advertising different events may be placed at one location. For the purposes of determining number of signs, the use of a banner permitted by section 8.5.f shall count as one of the 4 allowable signs, but shall not limit the placement of two additional signs at the banner location. Signs may be located within the public right-of-way, but not in . intersection sight triangles or other areas determined unsafe by the Zoning Officer. All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 21'51 day of June 1999. Ayes: .6 Noes:..8- Absent or Excused: --&- L~~~ Donna F. Armbrister, Town Clerk 067 NORTH CAROLINA . ORANGE COUNTY TOWN OF HILLSBOROUGH WATER/SEWER EXTENSION CONTRACT THIS CONTRACT is entered into this~ day of .:Jt<Alc , 1999, by and between Orange County Schools (hereinafter the "Developer") and the Town of Hillsborough, a North Carolina municipal corporation (hereinafter the "Town"): WHEREAS, the Developer proposes to extend the Town water and sewer systems to serve a New Elementary School on NC Highway 57 (hereinafter the "Project"); and WHEREAS, the Developer has agreed to pay certain costs associated with the proposed extensions; and WHEREAS, at its meeting held .::7UAle' ~~ s~ , 1999, the Hillsborough Town Council authorized the proposed extensions subject to execution of this Contract and compliance with its terms; NOW, THEREFORE, the Developer and the Town, and the heirs, successors, and assigns of each of them agree: . . (1) Subject to Developer's compliance with the terms and conditions as set forth herein, and subject to Developer obtaining any necessary approval from the State of North Carolina or any other agency or authority, the Town will permit the connection of improvements constructed for the above-referenced project to the Town water and sewer systems. The Town's authorization to connect to the Town's water and sewer systems under this Contract shall expire if (i) substantial (i.e. more than token) construction of the Project has not begun within two. years from the date upon which this Contract was executed; (ii) after construction be.gins, construction ceases for a continuous period of at least one year (unless a result of an action by the Town); or (iii) the extensions to be constructed pursuant to this Contract have not been connected to the Town's systems in accordance with the requirements set forth herein within three (3) years from the date upon which this Contract was executed. (2) Nothing in this Contract shall be construed as constituting express or implied approval of the Project by the Town under any applicable Town zoning, subdivision, or any other land use ordinance. (3) The Developer agrees to comply with or satisfy the following terms and conditions as well as those set forth in Exhibit A and acknowledges that the Town's authorization to connect the proposed extensions to the Town's systems is specifically . . . . 068 contingent upon compliance with or satisfaction of the same. (4) The Developer may assign this Contract. The Developer agrees to notify the Town of such assignment as soon as it occurs. A. General Conditions: 1. Except as provided herein, or as provided in any Exhibit to this Contract, Developer shall bear the costs and expenses of all obligations and duties created by this Contract including engineering fees incurred by the Town in connection with the proposed extensions. 2. The Town will permit the usage of the extensions to the Town's water and sewer systems only after all of the conditions set forth in sections Band C and any additional conditions appended hereto have been satisfied. 3. The Town shall maintain the improvements constructed under this Contract after they are dedicated. However, if within one year of the date that the offer of dedication of the extensions constructed pursuant to this Contract is accepted, defects in workmanship or materials are discovered in work done pursuant to this Contract by or for the Developer, the Developer shall see that such defects are promptly corrected at no expense to the Town. 4. The Town may make or authorize extensions or connections to or from any of the improvements constructed pursuant to this Contract without permission of the Developer once the main has been accepted for ownership and maintenance by the Town. 5. Developer's construction of improvements pursuant to this Contract shall not relieve Developer of the obligation to pay applicable fees under the Town's water and sewer policies, except as provided in Exhibit A to this Contract. . 6. Developer's construction of improvements pursuant to this Contract does not affect the Town's policy with respect to the fees to be paid to the Town by property owners other than Developer for connection to the improvements constructed by Developer pursuant to this Contract. Nor shall Developer have any right to collect fees directly from persons connecting onto or extending the improvements constructed under this Contract. 7. Water and sewer services which meet minimum State standards will be provided to this development. The Town makes no other warranty as to any particular water quality, quantity or pressure to be provided. 2 . . . 069 8. All fees and charges to be paid pursuant to this Contract shall be calculated in accordance with the fee schedule in effect when payment is made. 9. This Contract may be assigned by the Developer, but such successor or assignee shall obtain no rights hereunder until after it has provided the Town with a written acknowledgment of its obligations and responsibilities hereunder. However, this Contract is specific to the Project described above and any material change or alteration in the approved plans of such project shall, absent the written consent of the Town, void this Contract. 10. Thewords "line" or "lines" shall include "main" or "mains" unless the Contract otherwise requires. "Sewer" means "sanitary sewer." 11. This Contract shall be deemed made in and shall be construed in accordance with the law of North Carolina. Any litigation arising out of this Contract shall be brought in courts sitting in North Carolina. B. Pre-Construction Conditions: 1. The Developer shall engage a registered Professional Engineer to prepare plans and specifications for the construction of water improvements and sanitary sewer improvements to serve the Project. 2. The Developer shall secure approval of the construction plans by the following agencies or authorities, to the extent applicable: Town of Hillsborough Engineer/Utilities Director North Carolina Department of Health and Natural Resources North Carolina Department of Transportation 3. The Developer shall obtain any necessary encroachment agreements or easements for use of property not owned by the Developer or Project Owner. 4. All water and sewer capital facilities fees chargeable to the Project shall be paid before commencement of construction for the Project, except as provided in Exhibit A to this Contract. C. Construction Conditions: 1. Unless otherwise provided in this Contract, all construction shall be in accordance with Town policy, standards and Specifications. a) All work shall be subject to inspection by the Town. A representative 3 . . . 070 of the Town will be available for inspection each workday during the construction of the extensions. Unless specific agreement is made otherwise, no line may be covered up until such inspection has taken place and if any line or facility is covered up prior to inspection, the Town may require such line or facility to be uncovered or exposed to view to facilitate such inspection, at no expense to the Town. b) The Town requires that testing will be performed to determine that the work complies with Town standards and Specifications. All such testing shall be at no expense to the Town. c) The Developer shall provide construction stake-out and supervision, through the Developer's Engineer, Developer's Contractor, or combination thereof. d) An Engineer's representative shall visit and inspect the work onsite each day that substantial work is performed and shall prepare daily logs to be submitted regularly to the Town Engineer. e) All construction shall be performed by a Contractor licensed by the State of North Carolina to perform the type and magnitude of work required for the Project. f) The Contractor shall have a field superintendent onsite at all times during construction. 2. The Developer shall bear the total cost of all water and sewer construction within the Project and the total cost of all water and sewer construction required to extend service to the Project, except as provided in Exhibit A to this Contract. D. Post-Construction Conditions: Before the Town will allow water to flow to the Project or permit use of the Town's sewer system to serve the Project, Developer shall: 1. Furnish the Town two copies of the record drawings, together with: a) the Contractor's affidavit that the drawings accurately represent the as-built improvements, and b) a certificate of compliance executed by the Engineer of record indicating that work has been performed in substantial compliance 4 . .' . 071 with the approved plans and specifications. c) a Contractor's Affidavit and Release of Liens from all subcontractors and materialmen. d) A Performance Bond and/or Guarantee from a viable Surety in the name of the Town of Hillsborough for a period of 1 year from the date of acceptance. 2. Convey to the Town and record or cause to have recorded in the Orange County Registry all deeds of easement and plats showing all water and/or sewer easements required to serve the Project. 3. Formally dedicate to the Town all physical improvements constructed to serve the Project that is the subject ,of this Contract, which improvements shall become part of the Town'water and sewer systems and will thereafter be owned and maintained by the Town. IN TESTIMONY WHEREOF, the parties hereto have executed this Contract in duplicate originals, as of the day and year first above written. ORANGE COUNTY SCHOOLS TOWN OF HILLSBOROUGH By: By: Lf~ Town Manager Board Chairman ATTEST: ~~~ Town Clerk Secretary LIST OF EXHIBITS: Exhibit A: Project - Specific Conditions 5 . . . 1 072 TOWN OF HILLSBOROUGH WATER/SEWER EXTENSION CONTRACT Developer: Project: ORANGE COUNTY SCHOOLS NEW ELEMENTARY SCHOOL ON NC 57 EXHIBIT A PROJECT-SPECIFIC CONDITIONS The Town and the Developer agree to the following project-specific conditions in addition to those set forth in the WATER/SEWER EXTENSION CONTRACT. The Developer's obligations hereunder shall be satisfied before the Town will permit the connection of improvements constructed for the above referenced Project to the Town water and sewer systems: 1. Developer shall commence construction of off-site utility improvements prior to constructing any onsite utilities. These improvements shall include, but not be limited to, a 12-inch diameter waterline from the Town's North Tank to the school site, a 4-inch diameter water service line from the existing waterline in Highway 57 to the school building, an 8-inch diameter gravity sewer line from the school site along Stroud's Creek to the north side of Governor Burke Road, a new sanitary sewer lift station on the north side of Governor Burke Road, a 4-inch diameter sanitary force main from the lift station to the Town's existing gravity sewer system in Orange High School Road, and miscellaneous upgrades to the existing Town lift station on Orange High School Road. 2. For a period of ten years from the execution of this Contract the Town will reimburse the Developer 100% of all Front Footage Fees arising from any. new customer service laterals which are directly tapped into the water line extension or sanitary sewer extension constructed for this Project. 3. In lieu of the standard requirements of the Town Specifications for fire hydrant spacing for the offsite waterline serving the Project, the Town will allow hydrant spacing of 1000 feet to 1500 feet along the waterline length. 4. If the new gravity sewer line serving the Project is required to be sized larger than 8" diameter to comply with the Town's Master Plan or to serve anticipated future needs, the Town will reimburse the cost differential between the installed line and an 8" line. . . . 073 5. Since the proposed work to the existing Town sewer lift station on Orange High School Road represents an upgrade to the station, and does not constitute a "new station", no Perpetual Maintenance Fee will be applicable to this station. 6. In lieu of providing a permanent emergency electrical generator at each of the two lift stations described above, the Developer shall provide a single portable generator, sized to serve both stations. In addition, the Developer will provide a manual transfer switch and a quick-connect receptacle for the generator at each station. 7. For required improvements to the Orange High School Road lift station, the Town will provide labor and incidental materials for the following: a) all temporary and permanent piping relocations b) all temporary and permanent electrical work c) all temporary pump-and-haul during the work d) relocation of existing pumps to the new wet well e) installation of new guide rails, phone dialer, manual transfer switch, and hoist furnished by Orange County Schools The Developerwill provide engineering, permitting, materials and installation for pre-cast concrete vaults and wells, excavation, shoring, backfilling, fencing, gravel, final dressing, and furnishing to the jobsite the equipment listed in item e) above. 8. In consideration of the Project's substantial benefits to the overall Town sewer system, and if the proposed new sewer lines and the new sewer lift station ori the north side of Governor Burke Road are constructed in accordance With Town Specifications (except as herein modified), the Town will credit 100% of the sewer Capital Facilities Fee/Acreage Fee chargeable to the Project and 100% of the Perpetual Maintenance Fee for the lift station against the total amount of Town fees payable by the Developer for the .Project. 9. The Developer shall pay 100% of the water Capital Facilities Fee/Acreage Fee chargeable to the Project. The Town will not participate in the construction of the waterline for the Project, nor share in the cost thereof, nor reimburse or waive any portion of water fees payable by the Developer for the Project. END OF EXHIBIT A 2 07'4 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 of the Hillsborough Town Code is hereby amended to read: Section 14- Appendix F - TECHNICAL SPECIFICATIONS FOR WATER & SEWER SYSTEMS WATER: Piping shall be Ductile Iron Pipe (DIP) Class 50 cementmortar lined interior/asphaltic coated exterior, A WW A C900 PVC (3" and larger), or Class 200 PVC (less than 3"). Bedding shall be as recommended by the manufacturer, with stone bedding required for PVC pipe. Marking tape shall be required on all non- metallic water pipelines. Detectable metallic marking tape shall be Empire ThorTec or equal. The tape shall bear the printed identification "Caution Water Line Below", and.shall be 2 inches or greater in width. Hydrants shall be 5 W', dry-barrel, A WW A C502, as manufactured by Clow (Medallion), Mueller (Super Centurion), or equal. Spacing shall be 500 to 700 feet between hydrants. An RPZ backflow prevention device is required for all commercial or industrial services (unless requirement is waived on a case-by-case basis). A dual check valve assembly shall be installed after the meter for all services not requiring an RPZ. .All water piping shall be pressure tested to 150 psi (A WW A C600) and then shall be sterilized by chlorination in accordance with NCDENR and A WW A C601 requirements. Additional construction and material requirements are shown on.the Town.detail sheets available from the Town Engineer. SEWER: Gravity Sewer piping shall be Ductile Iron Pipe (DIP) Class 50 cement mortar lined interior/ asphaltic coated exterior, or SDR 35 PVC. Sewer force main piping shall be DIP Class 50 or Class 200 PVc. . Piping deeper than 16 feet shall be DIP. Bedding shall be as recommended by the manufacturer, with stone bedding required for PVC pipe. Marking tape shall be required on all non-metallic sewer pipelines, except sanitary sewer mains where manholes will be exposed.at both ends of the pipe segment. Detectable metallic marking tape shall be Empire ThorTec or equal. The tape shall bear the printed identification "Caution Sewer Line Below", and shall be 2 inches or greater in width. Cored holes with rubber boots shall be required for manholes and pump stations where pipes are inserted. All new manholes shall be vacuum tested to 10.6" Hg, with less than I" loss acceptable in the 1 51 minute. All gravity sewer and force mains shall be pressure tested to 50 psi above system pressure (A WW A C600). . Additional construction and material requirements are shown on the Town detail sheets available from . the Town Engineer. 075 SEWAGE PUMP STATIONS: Shall be duplex submersible style, unless approved otherwise. Motors shall be minimum of 5 hp, and must be 3 phase, 60 Hz. Pumps shall be non-clog centrifugal pumps, unless approved otherwise. . Grinder pumps shall only be approved when conditions preclude other selections. All guide rails, fasteners, and miscellaneous metals inside the wet well shall be stainless steel. Access ladders shall be aluminum or stainless steel. Piping inside the wet well shall be flanged ductile iron or stainless steel. Wet well vent shall be flanged ductile iron pipe with a screened outside end. A yard hydrant connected to potable water shall be installed at the pump station site, unless approved otherwise. Access hatches shall be hinged and lockable, with stainless steel or aluminum frame, and W' thick aluminum diamond plate door(s). All hardware and hinges shall be stainless steel. A stainless steel portable jib crane and hoist shall be provided with a minimum capacity of 500 pounds or 125% ofthe pump weight, whichever is greater. Provisions for mounting and use of the crane and hoist shall be provided at the pump station. . All new pump stations shall have permanent on-site standby power with auto transfer switch and . autodialer/SCADA telemetry equipment installed. Generator shall be sized to operate both pumps simultaneously and start the lag pump while the lead is operating. Pump station sites shall include chain link fencing (6 feet high, topped with 3 strands of barbed wire). Alternate fencing materials may be required based on individual site conditions. Padlocks shall be provided for the gate, electrical panels, and access hatch(es) and shall be keyed to the Town's system. . All electronic equipment shall be Y2K Compliant, and documentation must be provided. Additional construction and material requirements are shown,on the Town detail sheets available from the Town Engineer. EASEMENTS: Easements shall be a minimum of20 feet wide for a single utility pipeline. For multiple lines, easement shall provide a minimum of 10 feet clearance on .either side <?f each pipe. 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 hav' g been submitted to a vote, received the following vote and was duly adopted this d'/.sf- day of /flf . Ayes: S- Noes: -t7 Absent or Excused -tr bt~ . 076 . A Resolution Regarding Civil Discourse in Orange County WHEREAS, it is the duty oflocal governments to be representative of the people; and, WHEREAS, in a democracy, at times there is constructive disagreement among people; and, WHEREAS, there are ongoing discussions about the future of this county, but all citizens are working together to create effective public policy that serves the needs of the community; and, WHEREAS, in a democracy, the fullest expression of diverse opinions and free discourse is the essence of civil debate; and, WHEREAS, divergent opinion that focuses on issues is welcome and necessary; and, WHEREAS, free speech does not encompass incitement to violence against people or slurs against the ethnic, religious, racial heritage or sexual orientation of other people; or reference, provocation, or threats of violence against any citizen; and, . WHEREAS, violation of the limit of free speech is ultimately destructive to the democratic process; and, WHEREAS, we, the elected and appointed officials of Hillsborough will set examples for the population at large in pursuit of these democratic principles. NO-W:"TIffiR,EFORE, BE IT RESOLVED, that we adhere to the principles outlined above, agree 10"'1bi4e?bYt~eJj1~';md call on all citizens of Hillsborough to conduct themselves in accordance -"'h"". . h -"'€~ . ~- erewlt . '<;c6 " -". ~. ?~~ ~ ~l~ ~ ~ 1":..,.- ~ ~....:. ,~ 'tc ~ ,... m,:;o . ~'3 ~ ~"~ ..::-" ~,,;~ ~ "~.....~~~r!"':tl'~ ?!' e~M-~~ c~ % ~~SK~ ~ oo~ ~" ~ O( -e'/' . J:;" 'c ~- _.'"' -.J ~ o .::!Ifolt- -.~'V K c. ;.?t>~, "'. .....1lI- ..:r-' . 0 '" ~ "h ~~ .:~ 00 ~6~~ ~ ~~~~ ~~~~ "'-;::>:.--....::"~:""~-...:: ~~-' %l hk:. Horace H. Johnson, Sr., Mayor - ,