HomeMy Public PortalAbout10-11-1999 Regular Session
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MINUTES
HILLSBOROUGH TOWN BOARD
October 11, 1999
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on October 11 th, 1999 at 7:30 PM
in the Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sr.,
Commissioners Frances Dancy, Richard Simpson, Evelyn Lloyd, Catherine Martin, and Kenneth
Chavious. Staff present were Town Manager Eric Peterson, Finance Director Sherry Carter,
Town Clerk Donna Armbrister, Police Chief Nathaniel Eubanks, Town Engineer Kenny Keel,
Planning Director Margaret Hauth, and representatives from the Community Policing Division of
the Town Police Department Judy Jacobs, Eric Weaver, Andre Gipson, Myron Bigelow, Irving
Davis, and Gina Chappell.
Mayor Horace H. Johnson, Sr. called the meeting to order at 7:33 PM.
1. PUBLIC CHARGE
Mayor Horace H. Johnson, Sr. read the Public Charge.
2. ADDING ITEMS TO THE PRINTED ADGENDA
",.
Commissioner Martin requested some time to address the Board between the Engineer's Report
and the Consent Agenda.
Commissioner Dancy requested to change the date of the December Regular Board Meeting to
December 6. By consensus, the Board agreed to amend the 1999 Town Board Meeting Schedule
to have the December Board Meeting on December 6th.
3. 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.
4. PRESENTATION
A. Presentation of Governor's Crime Prevention Award to the Town by Richard B. Martin, Jr., JD
Richard B. Martin, Jr., JD, presented a Proclamation to the Nathaniel Eubanks Police Chief. A
copy of the Proclamation is hereby made a part of these Minutes as an Attachment.
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Mr. Martin also presented the Town with a Certificate of Achievement and Governor's Crime
Prevention Award signs which will be placed at the entrances to Town. Mayor Horace H.
Johnson, Sr., and Police Chief Nathaniel Eubanks accepted the Certificate on behalf of the Town.
5. APPROVAL OF THE MINUTES OF THE SEPTEMBER 13TH PUBLIC HEARING AND
BOARD MEETING, AND THE SEPTEMBER 28TH JOINT PUBLIC HEARING
Upon a motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Board moved
to approve the Minutes ofthe September 13th Public Hearing and Board Meeting, and the
September 28th Joint Public Hearing as presented by a vote of 5-0. The motion was declared
passed.
6. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson thanked Finance Director Sherry Carter for her standing in as
"Acting Town Manager" during his recent absence and commended her efforts for her actions
during the hurricane disaster planning.
7. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel presented a status report on all current Water and Sewer Projects.
Engineer Keel requested approval from the Board to advertise for the purchase of a backhoe using
the piggyback bid process. By consensus, the Board gave their approval and requested that the ad
be placed in the Raleigh News & Observer and the Charlotte Observer.
ADDED ITEM - Commissioner Catherine Martin
Commissioner Martin announced that she is withdrawing from the Commissioner's Election.
She thanked the Mayor and Board for their support and commended the Town Staff for their efforts.
She stated that she is withdrawing for personal and medical reasons.
8. ITEMS FOR DECISION - CONSENT AGENDA
A. Consideration of Position Description for the position of Police Corporal (Canine Handler)
B. Consideration of Proclamation Declaring October National Disability Awareness Employment
Month
C. Miscellaneous Budget Amendments
D. Consideration of Budget Amendment for $3M Financial Agreement to complete the Reservoir
Project
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 ofItem 8.B Proclamation and Items 8.C&D Budget Amendments are hereby made a part of
these Minutes as Attachments.
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9. ITEMS FOR DECISION - REGULAR AGENDA
A. Discuss extending building lease to the Historical Society
Town Manager Eric Peterson presented this Item for discussion.
Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to
approve extending the building lease to the Historical Society for a period of 10 years by a vote of
5-0. The motion was declared passed.
B. Consider a Resolution Adopting the Interlocal Agreement for Solid Waste Disposal in Orange
County
Manager Peterson and Mayor Johnson presented this Item for the Board's consideration. After
some discussion, the Board requested staff investigate other alternatives and upon a motion by
C.ommissioner Lloyd, seconded by Commissioner Dancy the Board moved to table this Item until
the December Board Meeting by a vote of 5-0. The motion was declared passed.
C. Consider approval of Joint Participation with Orange County in conducting soil testing of
Town/County land in Northern Fairview
Manager Peterson presented this Item for the Board's consideration. Peterson explained that in
order for the Town determine what can be done of the property, if anything, several different types
of testing need to be done. It needs to be determined whether or not there are any types of
contaminates in the soil. The location of the landfill needs to be exactly determined. This also
impacts on the possible location of the new motor pool the Town is considering. It would be good
to avoid placing the motor pool in a location that would be better used for a soccer or ball field. In
order to determine the best use ofthe Northern Fairview Site, soil testing, including an
environmental analysis should be completed. The site is approximately 66 acres with the County
owning 41 acres and the Town owning 25; therefore, the County should incur 62% of the $30,000
cost f.or geotechnical engineering services or $18-~,600, and the Town the remaining 38% or
$11,400. After soil testing, the Town and County should be able to decide on the optimal use of
the entire site based on the needs of both local governments. Exchange of acreage between the
Town and the County would be considered as a means of overcoming site limitations and more
fully utilizing the advantages.
Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to
approve the Joint Participation with Orange County in conducting soil testing of Town/County
land in Northern Fairview as presented by a vote of 5-0. The motion was declared passed.
D. Consider Authorizing the Town Manager to Execute an Agreement/Contract with Michael
Hining Architects to perform the design, building, and project monitoring/inspection costs for
the Fairview Community Policing Center
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Manager Peterson presented Hining's proposal for the Board's consideration. Peterson informed
the Board that Michael Hining Architects have done work for the Town of Chapel Hill and were
highly recommended. The Michael Hining Firm also did work on the Orange County Garage.
Peterson also informed the Board that last week Reverend Shuford from the Pairview Baptist
Church contacted Chief Eubanks and told him the church has a parsonage that is not being used
and indicated they would be interested in renting the space to the Town for the use of a Police
Substation. No exact rental prices were discussed. Peterson mentioned that while it is wonderful
to have an offer such as this, the house would not be handicapped accessible and there would be a
question as to whether this would meet the needs of both the Town and the County which the
Boards had discussed earlier.
Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to
authorize the Town Manager to Execute an Agreement/Contract with Michael Hining Architects to
perform the design, building, and project monoritoringlinspection costs for the Fairview
Community Policing Center as presented by a vote of 5-0. The motion was declared passed.
E. Consideration of an Ordinance amending Chapter 14 of the Town Code to prohibit car washing
during Phase IV water restrictions
Manager Peterson presented the Ordinance amendment for the Board's consideration. He led a
discussion on the issue of the use of Laundromats. He stated that washing a car is a luxury versus
washing clothes being a necessity and possible health issue.
Commissioner Chavious asked if the Board had considered the impact on car wash owners where
the car wash business is their only source of income.
Peterson stated that last year the Ordinance was amended to allow them to continue to operate until
the Town reaches Stage IV water restrictions.
Commissioner Lloyd made a motion to amend the Ordinance as presented by the staff. The
motion died due to a lack of a second.
Commissioner Chavious asked for clarification on the car wash owner issue. If the car wash
owners are allowed to operate until the Town reaches Stage IV water restrictions, and this is their
only source of income, what happens?
Finance Director Sherry Carter informed the Board that one of the car wash owners had a well dug
so that he could go to well water once he could no longer access Town Water. His well is no
longer functioning properly. He contacted the Town last year regarding this problem and it was at
that time that the Board amended the Ordinance to all them to operate from 7:00 AM to 7:00 PM
during Stage III water restrictions, and to prohibit car washing during Stage IV water restrictions.
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Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to
approve the Ordinance amending Chapter 14 of the Town Code to prohibit car washing during
Phase IV water restrictions 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. Discuss and consider approval of proposed Water & Sewer Management, Planning and
Boundary Agreement
After some discussion, and upon a motion by Commissioner Dancy, seconded by Commissioner
Simpson, the Board moved to deny approval of the proposed Water & Sewer Management,
Planning and Boundary Agreement by a vote of 5-0. The motion was declared passed.
G. Discuss possible Annexation and Zoning of 330 acres in the northeast quadrant of the I-40101d
86 interchange for the development known as Corbin Downs
Mr. Max Preston who lives at the corner of Wake Street and Tryon Street appeared before the
Board and expressed his concerns with the risks and uncertainty of the development.
Mr. Crawford Goodwin who lives on St. Mary's Road in the Town's ETJ appeared before the
Board and stated that as a member of the Vision 2010 Committee, he wished to point out that this
development is contrary to the efforts of Committee.
Mr. Alan Gurganus who lives on Tryon Street urged the Board to remember the current Town
citizens and reconsider any decision to proceed with the development.
Mr. Mark Sheridan appeared before the Board stating that he feels the proposed annexation would
have a negative impact on the Town.
Mr. Horace H. Johnson, Sr., appeared before the Board as a citizen of Hills borough and expressed
his concerns with annexing the development before having the revenue in place to support it.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board moved to
end their consideration of the annexation of Corbin Downs by a vote of 4-1. The motion was
declared passed.
H. Consideration of an Ordinance to amend Section 2.14.3.b of the Zoning Ordinance to provide
the Town Board with the flexibility to allow multi-family portions of a Planned Unit
Development to develop at a density not to exceed 12 units per acre
Planning Director Margaret Hauth presented the Ordinance amendment for the Board's
consideration.
Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to
deny the Ordinance to amend Section 2.14.3.b of the Zoning Ordinance to provide the Town Board
with the flexibility to allow multi-family portions of a Planned Unit Development to develop at a
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density not to exceed 12 units per acre by a vote of 5-0. The motion was declared passed.
1. Consideration of an Ordinance to amend Section 5.34 of the Zoning Ordinance to list
"extended care facility" as a permitted use within a planned development in the I-40/0ld 86
EDD. This amendment shall apply only to the portion ofthe EDD within the Town's
jurisdiction
Planning Director Margaret Hauth presented the Ordinance amendment for the Board's
consideration.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved
to approve the Ordinance to amend Section 5.34 of the Zoning Ordinance to list "extended care
facility" as a permitted use within a planned development in the I-40/0Id 86 EDD. This
amendment shall apply only to the portion of the EDD within the Town's jurisdiction 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. Receive Letter of Interest in Annexation from Roger Dale Stephens regarding 33.95 acres
between Beckett's Ridge and Wildwood Subdivisions
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Mr. Roger Dale Stephens appeared before the Board and presented his request for annexation. He
explained that this property is contiguous to Beckett's Ridge. He stated that approximately 60-70
dwelling units are proposed on the 33.95 acres with a mixture of one-half to one-quarter acre lots
and being less in density than Wildwood and Beckett's Ridge subdivisions. A natural buffer of 8-
12 acres will remain adjacent to the Wildwood subdivision.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to
authorize the Town Manager to proceed with an impact analysis for their consideration by a vote
of 5-0. The motion was declared ,passed.
10. APPOINTMENTS
A. Re-Appointment of Ken McFarland to serve 3-Year Term on the Historic District Commission
expiring August of 2002.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board moved to
Re-appoint Ken McFarland to serve 3-Year Term on the Historic District Commission expiring
August of2002 by a vote of 5-0. The motion was declared passed.
11. CLOSED SESSION
A. Closed Session to discuss a Personnel Matter
B. Closed Session to Conduct Town Manager's Annual Performance Review
C. Closed Session for the purpose of discussing Potential Litigation
Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to .
. go into Closed Session to discuss a Personnel Matter, to conduct the Town Manager's Annual
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Performance Review, and to discuss Potential Litigation by a vote of 5-0. The motion was
declared passed.
12. OTHER
Upon returning to Open Session and upon a motion by Commissioner Martin, seconded by
Commissioner Dancy, the Board moved to grant the Town Manager a 6% performance salary
increase by a vote of 5-0. The motion was declared passed.
13. ADJOURN
Upon a motion by Commissioner Martin, seconded by Commissioner Simpson, the Board moved
to adjourn at approximately 10:40 PM by a vote of 5-0. The motion was declared passed.
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Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
Page 7
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150
JAMES B. HUNT JR.
GOVERNOR
CRIME PREVENTION MONTH
1999
BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
A PROCLAMATION
WHEREAS, the fear of crime shapes the way we live - the routes children take to school,
a person's reluctance to attend an evening meeting, the anxiety that keeps a senior citizen from
going to a mall alone; and
WHEREAS, grassroots crime prevention effons, undertaken by an engaged citizenry, can
greatly reduce the likelihood of being victimized by crime at home, school or work; and
.
WHEREAS, such crime prevention efforts, whether privately or publicly supported, build
bridges between citizens and law enforcement, creating an enhanced sense of cooperatio~ and
offering motivation for communities to act on their own behalf;' and
WHEREAS, the month of October is traditionally designated as a time to recognize and
reflect on the efforts of crime prevention practitioners, and to renew our commitment to ~liminate
crime from our Streets - beginning with the individual and groWlded in each community;
NOW, TIIEREFORE, I, JAMES B. HUNT JR., Governor of the State of North Carolina, do
hereby proclaim October 1999, as "CRIME PREVENTION MO~'TH" in North Carolina, and
urge all our citizens to join hands in partnership with local law enforcement, community and service
organizations' t. 1:i . ~gainst crime and drugs in our communities.
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JAMES B. HUNT JR.
.
IN S OF, I have hereWlto set my hand and affixed the Great Seal of the
State of North Carolina at the Capitol in Raleigh this sixth day of October in the year of our Lord
nineteen hundred and nmety-nine, and of the Independence of the United States of America the two
hundred and twenty-fourth.
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ATIACHMENT 8. B
151
NATIONAL DISABILITY AWARENESS EMPLOYMENT MONTH
PROCLAMATION
WHEREAS, disability is a natural part ofthe human experience and in no way diminishes the
right of individuals with disabilities to live independently, enjoy self determination, make
choices, contribute to society, and experience full inclusion in the economic, political, social,
cultural and educational mainstream of American society; and
WHEREAS, family members, friends, and members of the community can playa central role in
enhancing the lives of people with disabilities especially when the family and community are
provided with necessary support services; and public and private employers are aware of the
capabilities of people with disabilities to be engaged in competitive work in inclusive settings;
and
WHEREAS, the goals of the Town properly include providing individuals with disabilities the
opportunities and support to make informed choices and decisions; live in homes and
communities where such individuals can exercise their full rights and responsibilities as citizens;
pursue meaningful and productive lives; contribute to their family, community, state, and nation;
have interdependent friendships and relationships with others; and achieve full inclusion in
society.
NOW, THEREFORE, I, Horace H. Johnson, Sr., Mayor of the Town of Hills borough, do hereby
proclaim October 1999 as:
NATIONAL DISABILITIES AWARENESS EMPLOYMENT MONTH
in the Town of Hills borough and call upon citizens to observe this period with appropriate
programs, and activities; furthermore, In encourage all citizens to seek counsel and input from
any person or group with knowledge and expertise in matters concerning disabilities.
\\,\11111'",
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.Ftea0~oh~!"~6ope - Embrace Ability and Employ & Empower us all!
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~~"" It I6~~WtrnREOF, I have hereunto set my hand and afftxed the Offtcial Seal of the Town of
Hills~6tttlg., thH't\telfth day of October in the year of our Lord nineteen hundred and ninety-nine.
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Horace H. Johnson, Sr., Mayor
Town
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ATTACHMENT 8.C&D
152
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BUDGET AMENDMENTS
OCTOBER. 1999
GENERAL FUND: BEFORE ADJ AFTER
REVENUES:
10-3990-000 Fund Balance Approp. $0 $121.977 $121.977
$121.977 $121,977
EXPENDITURES:
10-4200-331 Admin.-Dept.Supp./OSHA $12,500 $720 $13,220
10-4900-451 Planning-Cont.Serv./Print 0 2,500 2,500
10-4900-741 Planning-Cap/Murray St.Pk 10,000 9,000 19,000
10-5100-332 Police-Supp/lnv.& Narc. 10,000 610 10,610
10-5100-571 Police-Misc./Conf.%AGE 0 6,724 6,724
10-5550-330 Motor PI.-Dept.Supplies 11,300 3,897 15,197
. 10-5600-450 Street-Cont.Serv/RR Cross 0 2,512 2,512
10-5600-452 Street-Cont.Serv/Sidewalks 2,500 2,500 5,000
10-6400-771 Cemetery-Margaret Ln 0 2,128 2,128
10-6650-000 Housing Consortium 5,000 4,350 9,350
10-6900-900 Orange Co/River Park 2,000 18,777 20,777
10-6900-910 Occoneechee Park 0 21,659 21,659
10-6900-930 Agency Contributions 21,700 4,000 25,700
10-6950-110 Fairview Proj/f elephone 600 600 1,200
10-6950-130 Fairview Proj/Utilities 1,500 1,500 3,000
10-6950-150 Fairview Proj/Maint-Re~~irs 2,500 500 3,000
10-6950-730 Fairview Proj/Construction 184,000 35,000 219,000
10-6950-734 Fairview Proj/Const./Design 11 ,000 5,000 16.000
$274,600 $121,977 $396.577
WATER FUND:
REVENUES:
30-3990-000 Fund Balance Approp. $172.000 $244.264 $416.264
$172,000 $244,264 $416,264
EXPENDITURES:
30-7220-750 Engineering-Cap.Use Weir $0 $11,690 $11,690
. 30-7240-740 Meter Reading-Equipment 22,500 3,000 25,500
30-8120-340 Water Pit-Outside Lab Servo 8,600 2,474 11,074
30-8140-740 Water Dist-Equipment 61,600 25,000 86,600
137 North Charton Street . P.O. Box 429 · Hil/sborough, North Carolina 27278
919.732.2104 · Fax: 919.732.1028
.
30-8200-730 WW Coll.-Capitallmprov.
30-8220-150 WWTP-PlanVEquip. Repair
30-8220-731 WWTP-Capitallmprov.
30-8220-740 WWTP-Equipment
39,000
57,000
191,000
137,500
$517,200
8,000
4,100
170,000
20,000
$244,264
To encumber designated amounts from the 1998-1999 budget in the General and Water Funds.
CAPITAL PROJECTS FUND (RESERVOIR):
REVENUES:
60-3290-1 00 I nterest Earned
60-3850-000 Sale of Bonds
60-3850-100 Installment Fin. Proceeds
.
EXPENDITURES:
60-8100-040 Prof.Serv.-Environm.lmpact
60-8100-041 Surveying
60-8100-042 Prof.Serv.-Archeol.lnvest.
60-8100-043 Appraisals
60-8100-044 Title Search
60-8100-045 Design Services
60-8100-046 legal Fees
60-8100-047 Feasibility Study
60-8100-570 Misc./Contingency
60-8100-571 Fees
60-8100-710 land Purchase/Mitigation
60-8100-720 Construction
60-8100-721 Services During Constructiol
To fund completion of the reservoir project.
Approved: 5=GJ.J /~-//-pj?
Verifie~
Donna F. Armbrister, Town Clerk
.
$0
5,800,000
Q
$5,800,000
$420,000
o
3,000,000
$3,420,000
$59,600
145,000
17,500
40,000
. 5,000
220,000
130,000
o
272,900
30,000
1,900,000
2,900,000
80,000
$5j800,OOO
$0
-7,000
-3,000
17,000
-500
-8,500
294,800
1,500
-72,900
-16,000
1,794,600
1,250,000
170,000
$3,420,000
153
47,000
61,1 00
361,000
157,500
$761,464
$420,000
5,800,000
3,000,000
$9,220,000
$59,600
138,000
14,500
57,000
4,500
211,500
424,800
1,500
200,000
14,000
3,694,600
4,150,000
250,000
$9,220,000
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ATIACHKENT 9. B 1 5 4
HILLSBOROUGH BOARD OF COMMISSIONERS
A RESOLUTION ADOPTING THE INTERLOCAL AGREEMENT GOVERNING
FUTURE SOLID WASTE MANAGEMENT
WHEREAS, discussions about a series of draft interlocal agreements on solid waste management
in recent months have brought all parties close to fmal agreement on a document which the
County and Towns could approve; and
WHEREAS, the Carrboro Board of Aldermen and the Orange County Board of Commissioners
have previously adopted this Agreement by resolution;
NOW, THEREFORE, BE ITRESOL VED BY THE ffiLLSBOROUGH BOARD OF
COMMISSIONERS THAT the Board hereby adopts the Interlocal Agreement Governing Future
Solid Waste Management.
This, the 11 th, day of October, 1999.
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155
Section 14-40.3 Restrictive Measures in Effect at Each Sta~e of Water Shorta~e
The severity of the water shortage shall be determined by the in stream flow of the Eno, emergency, or the
level of Lake Orange as shown on Table I.
(a) In the event that the flow in the Eno River is less than 10 cfs for seven (7) consecutive days or the
water level of Lake Orange declines to a stage IT elevation of water below Lake Orange spillway,
in feet, a stage IT water shortage ALERT shall be deemed in effect. When a water shortage
ALERT is in effect the following VOLUNTARY water restrictions are imposed:
1. Use shower for bathing rather than bathtub and limit shower to no more than four (4)
minutes.
2. Limit flushing of toilets by multiple usage.
3. Do not leave faucets running while shaving or rinsing dishes.
4. Limit use of clothes washers and dishwashers and when used, operate fully loaded.
5. Limit lawn watering to that which is necessary for plants to survive.
6. Water shrubbery the minimum required, reusing household water when possible.
7. Limit car washing to the minimum.
8. Do not wash down outside areas such as sidewalks, patios, etc.
9. Install water flow restrictive devices in shower heads.
10. Minimize use of water used for washing and rinsing dishes.
11. Install water saving devices such as bricks, plastic bottles or commercial units in toilet
tanks.
12. Limit hours of operation of water-cooled air conditioners.
(b) In the event the water level of Lake Orange declines to a Stage III elevation of water below Lake
Orange spillway, in feet, a stage III water shortage WARNING shall be deemed in effect, and in
addition to the restrictions heretofore imposed, the following moderate mandatory restrictions
shall be in effect.
It shall be unlawful to use water from the Eno River through the facilities of the Town of
Hillsborough for the following purposes:
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. (AMENDED
11-09-98)
2. To fill newly constructed swimming and/or wading pool or refill swimming and/or
wading pools which have been drained. A minimum amount of water may be added to
maintain continued operation of pools which are in operation at the time the provisions of
a stage III WARNING are placed into effect.
3. To operate water-cooled air conditioners or other equipment that does not recycle cooling
water, except when health and safety are adversely affected.
4. Limit car washing to the minimum.
(AMENDED 11-09-98)
5. To wash down outside areas such as streets, driveways, service station aprons, parking
lots, office buildings, exteriors of existing or newly constructed homes or apartments,
sidewalks, or patios, or to use water for other similar purposes.
6. To operate or introduce water into any ornamental fountain, pool or pond or other
structure making similar use of water.
7. To serve drinking water in restaurants, cafeterias, or other food establishment, except
upon request.
8. To use water from public or private fire hydrants for any purpose other than fire
suppression or other public emergency.
9. To use water for dust control or compaction.
10. To use water for any unnecessary purpose or to intentionally waste water.
(c)
The owner or occupant of any land or building which receives water from the Town of
Hillsborough and that also utilizes water from a well or supply other than that of the Town of
Hillsborough shall post and maintain in a prominent place thereon a sign furnished by the Town
giving public notice to the use of the well or other source of supply.
In the event the water level of Lake Orange declines to a stage IV elevation of water below Lake
.
(d)
(e)
.
.
156
Orange spillway, in feed, a stage IV water shortage DANGER shall be deemed in effect, and in
addition to the r~strictions heretofore imposed, the following severe mandatory water restrictions
shall be in effect. It shall be unlawful:
I. To water or sprinkle any lawn.
2. To wash cars. (AMENDED 10-11-99)
3. To water any vegetable garden or ornamental shrubs except during the
hours of 6:00 pm to 9:00 pm on Saturday.
4. To make any non-essential use of water for commercial or public use, and
the use of single service plates and utensils is encouraged and
recommended in restaurants.
In the event the water level of Lake Orange declines to a stage V elevation of
water below Lake Orange spillway, in feet, a stage V water shortage
EMERGENCY shall be deemed in effect, and in addition to the restrictions
heretofore imposed, the following stringent mandatory water restrictions shall be
in effect, and in addition to the restrictions heretofore imposed, the following
sever mandatory water restrictions shall be in effect. It shall be unlawful:
1. To use water outside a structure for any use other than an emergency use
involving fire.
2. To operate an evaporative air conditioning unit which recycles water
except during the operating hours of the business.
3. To introduce water into any swimming pool.
In the event the water level of lake Orange declines to a stage VI elevation of
water below Lake Orange spillway, in feet, a stage VI water shortage CRISIS
shall be deemed in effect, and a system of water rationing shall be put in effect in
addition to all previously imposed restrictions. In the event of water rationing in
which water will be supplied in the minimal quantities required for the health,
welfare, and safety of the citizens in accordance with a program determined by the
Town of Hills borough.
1. It shall be unlawful to fail to act in accordance therewith or use water in
any manner or attempt to evade or avoid such water rationing restrictions.
2~ Fire protection will be maintained, but where possible tank trucks shall use
raw water.
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157
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLS BOROUGH ORDAINS:
Section 1.
Section 2.14.3.b of the Zoning Ordinance of the Town of Hillsborough is hereby
amended to add the following sentences:
"The Town Board may approve multi-family portions at a density not to exceed 12 units per acre
(3,630 square feet per unit). The density shall be calculated on the acreage. of the portion of the
development plan and site plan assigned to multi-family use."
Section 2.
All provisions of any town ordinance in conflict with this ordinance are repealed.
. .
Section 3.
TIlls ordinance shall become effective upon adoption.
The foregoing ordinance having been submitted to a vote, received the following vote and
was duly ~!d~his 11th day of October, 1999.
Ayes: -cr-
Noes: S-
Absent or Excused:--&-
4A-/~
Donna F. Armbrister, Town Clerk
. .
ATTACHMENT 9. H
158
. Item 9H
The proposed Corbin Downs development pwn includes the apartment portions at 12 units per
acre. Approval of this provision will not increase the proposed number of dweUing units. The
developer has sponsored this text amendment to the Zoning Ordinance to meet his needs for the
proposed Corbin Downs. This density provision is limited to only the multi-family portions of
Planned Unit Developments and can be granted at the discretion of the. Town Board.
2.14.3 Permitted Uses
a) Single family residential at the densities defmed in Section 3.5 (Dimensional
Requirements) of the Zoning Ordinance.
b) Multi-family residential as specified by Section 5.31, 5.32, or 5.33 of the Zoning
Ordinance. The Town Board may approve multi-family portions at a density not
to exceed 12 units per acre (3,630 square fee!.per unit). :'The density shall be
calculated on the acreage of the portion of the development plan and site plan
assigned to multi-family use.
c) Non-residential uses listed as permitted, special, or planned unit uses in the
Permitted Use Table of the Economic Development District Design Manual for
Primary I development areas in the 1-40/0Id NC 86 District (Section 5.34 of the
Hillsborough Zoning Ordinance)
d) Customary accessory uses .
.
Public comment: The designer spoke in favor of this amendment, noting that the density was
critical to the fmancial viability of this portion of the. project.
Planning Board recommendation: Recommend Denial, 6-2 (Bradford & Blue-Thompson
opposed). The Planning Board discussed this at length and decided their previous discussions
regarding 9 versus 12 units per acre have not changed and that 9 units is still sufficient for
Hillsborough.
Planning Director recommendation:' .recommend approval I realize this is a decision that shapes
what Hillsborough is and how it looks & feels. From the standpoint of supporting affordable
housing, public transportation, and walkable communities, density on the level of 12 units per
acre in areas is an effective tool. This provision does not make 12 units available anywhere in
town, nor does it give it by right. This provision still vests the approval authority with the Town
Board, upon recommendation by the Planning Board for those cases where density seems
reasonable.
.
.
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159
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 5.34 of the Zoning Ordinance of the Town of Hillsborough is hereby
amended to list "extended care facility" as a permitted use within a planned
development in the Primary I and Secondary portions of the 1-40/01d NC 86
Economic Development District.
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 11th day of October, 1999.
Ayes: S
Noes: -a-
Absent or Excused:-6>
~./~~
Donna F. Armbrister, Town Clerk