HomeMy Public PortalAbout11-08-1999 Regular Session
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MINUTES
HILLSBOROUGH TOWN BOARD
NOVEMBER 8, 1999
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on November 8, 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, Police Chief
Nathaniel Eubanks, and Planning Director Margaret Hauth.
Mayor Horace H. Johnson, Sr. called the meeting to order at approximately 7:30 PM.
INTERVIEW VOLUNTEER CANDIDATE
A. Interview Holden Richards to fill vacancy on Historic District Commission (Term to
expire 11-2002)
B. Interview Brian Lowen to fill an In-Town Vacancy on the Board of Adjustment (Term to
expire 11-2002)
The Town Board interviewed volunteer candidates Holden Richards and Brian Lowen.
1. PUBLIC CHARGE
Mayor H. Johnson, Sr. read the Public Charge.
2. ADDING ITEMS TO THE PRINTED ADGENDA
No Items were added to the Printed Agenda.
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. APPROVAL OF THE MINUTES OF THE OCTOBER 11TH, 1999 TOWN BOARD
MEETING
The Board pointed out that on page 5 of the minutes, the vote to cease Board consideration of
Annexation of Corbin Downs was incorrectly recorded and should be changed to a vote of 4-1.
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Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to
approve the Minutes of the October 11 th, 1999 Town Board Meeting with the aforementioned
correction by a vote of 5-0. The motion was declared passed.
5. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson updated the Board on the most recent Reservoir Project
condemnation case was recently heard and the Town Attorneys are taking some time to analyze
this case and recommend to the Board whether or not to appeal to accept this judgment. They
expect to have a recommendation ready within the next couple of weeks. The attorneys are also
working on a general over-all update on the other Reservoir Project cases.
Manager Peterson reported that the Planning Director has advised him that work on the
observation deck at Occoneechee Mountain Park is scheduled to begin next week.
Peterson reported that Julie Fogleman, Development Coordinator was the Town's United Way
Coordinator for this year. The participation of Town Employees jumped from approximately
50% to 80%. Peterson expressed his thanks to Police Chief Nathaniel Eubanks and Sherry Carter
for 100% participation within their departments.
Peterson reported that NCDOT bid out the erection of traffic light at the intersection of Faucette
Mill Road. The project had to be re-bid a second time due to a lack of response to the first bid.
The bid has been awarded and the light should be installed by the end of November.
The proposed contract has been received from the Architect on the Fairview Community Policing
Station. The contract is currently under review by the Town Manager.
6. REPORT FROM THE TOWN ENGINEER
A report on all current water and sewer projects was presented to the Board in their Agenda
Packets. Town Engineer Kenny Keel was on vacation and not in attendance at the meeting.
7. ITEMS FOR DECISION - CONSENT AGENDA
A. Consideration of Town Board 2000 Meeting Schedule
B. Consider Amending Job Description and Salary Grade for Lead Meter Reader Position
C. Consider Adopting a Resolution Authorizing the Town Manager to hire additional
Temporary, Part-Time, or Full-Time Personnel to address service/personnel needs that
may be caused by employee injuries, illness, medical leave, use of Family Medical Leave,
or leaves of absence, after written notice is given to the Board
D. Authorize Manager to negotiate Contract with Eric Jordan for Design & Construction
Management of Murray Street Park
E. Consideration of Bid Approval for Purchase of Backhoe from NC Equipment Company
for the amount of $54,777
Item A was removed for separate consideration. After discussion by the Board, and by
consensus, the Board amended the proposed 2000 Meeting Schedule to add a Meeting for the
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month of July and remove the August meeting.
. Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to
approve the Consent Agenda Items A-E as presented and including the aforementioned
amendment by a vote of 5-0. The motion was declared passed.
Mayor Johnson moved up Item 9. Appointments for consideration at this time.
A. Appointment of Patricia Copeland to serve as Hillsborough's representative on the Orange
County Disability Awareness Council
B. Appointment of Holden Richards to fill vacancy on the Historic District Commission
(Term to Expire 11-2002)
C. Appointment of Brian Lowen to fill vacancy on the Board of Adjustment (Term to Expire
11-2002)
Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to
approve the appointment of Patricia Copeland to serve as Hillsborough's representative on the
Orange County Disability Awareness Council, the appointment of Holden Richards to fill a
vacancy on the historic District Commission, and the appointment of Brian Lowen to fill a
vacancy on the Board of Adjustment by a vote of 5-0. The motion was declared passed.
8.ITEMS FOR DECISION - REGULAR AGENDA
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A. Discuss Possible Contract with Haymes Brothers Construction for the Reservoir Project to
raise the Dam height an additional six feet
Town Manager requested this Item be reworded to read: "Consider Adopting a Change Order to
allow Haymes Brothers Construction to raise the Dam height an additional six feet at a cost not to
exceed $155,000".
Upon a Motion by Commissioner Dancy, seconded by Commissioner Simpson, the Board moved
to approve a Change Order to the Contract with Haymes Brothers Construction to raise the Dam
height an additional six feet at a cost not to exceed $155,000 by a vote of 5-0. The motion was
declared passed.
B. Consider Approving a Change Order to the Contract with Haymes Brothers Construction
for the Reservoir Project to add an access bridge from the Dam to the Riser/Inlet Tower
Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved
to approve a Change Order to the Contract with Haymes Brothers Construction for the Reservoir
Project to add an access bridge from the Dan to the Riser/Inlet Tower at a cost not to exceed
$79,500 by a vote of 5-0. The motion was declared passed.
C. Discuss Solid Waste Disposal Alternatives
. Manager Peterson reminded the Board that at the October Board Meeting, the Board discussed
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participating in the newly formed Solid Waste Organization and consider an Interlocal Agreement
that would join Hillsborough with Carrboro and Chapel Hill under the umbrella of Orange County
taking over the Solid Waste activities.
Upon direction from the board at the October meeting, the staff investigated other Solid Waste
disposal alternatives. The reason for this direction was to consider other alternatives before
agreeing to adopt the Interlocal Agreement on Solid Waste Management for Orange County and
its municipalities. The Town currently hauls its waste to the Orange County landfill on Eubanks
Road, the cost is $40 per ton, and the trip time from Hillsborough is about 20 minutes round trip.
The following other disposal sites were contacted: Alamance County, Caswell County, Person
County, Durham County, Chatham County, and Wake County. The closest haul, other than
Orange County, is Alamance County which does not accept out of county waste. Person County,
the next closest facility, does accept out of county waste, but is 45 minutes from Hillsborough, or
90 minutes round trip. This would add at least 1 hour to the current work day for the sanitation
crews. The inconvenience, additional wear on trucks, and additional personnel hours appear to
make hauling Hillsborough's waste to another location an unfavorable option. Most of the other
disposal sites, in addition to being too far away, do not accept waste outside the county.
A key issue for the Board to consider is that ifHillsborough decides to take its solid waste to
another facility, we will lose our recycling services. Currently, recycling services are paid through
the tipping fees, if we are no longer paying tipping fees then I believe the other governments
would have no choice but to discontinue our recycling services. The combination of the recycling
cost issue and lack of reasonable solid waste disposal alternatives indicates that participation in the
Interlocal Agreement is not a bad option.
By consensus, the Board authorized the Town Manager to contact the County on the Board's
behalf and let them know that the Town supports the agreement and feels that the agreement is
fair, but would like to wait until the rezoning issue is settled before making a decision.
D. Consideration of Priority List for Transportation Improvement Plan
Planning Director Margaret Hauth presented the 2002-2008 Transportation Priority List for the
Board's consideration. Hauth explained that the Town adopts a priority list which is then sent to
NCDOT for their information and officially submitted to the Durham-Chapel Hill-Carrboro
Metropolitan Transportation Improvement Plan. The MPO and DOT negotiate to forge an
agreement between the MTIP and State TIP. The four items on the Hillsborough TIP Priority List
2002-2008 are (1) Elizabeth Brady Road extension (project U-3808), (2) Improvements along
South Churton Street (project R-2825), (3) US 70 Bypass widening, and (4) Western Bypass
(project R-3438).
Upon a motion by Commissioner Simpson, seconded by Commissioner Chavious, the Board
moved to approve the 2002-2008 Transportation Priority List as presented by a vote of 5-0. The
motion was declared passed.
E. Consideration of Water/Sewer Agreement for Executive Court
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Upon a motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Board moved
to approve the Water/Sewer Agreement for Executive Court as presented by a vote of 5-0. The
motion was declared passed.
F. Discuss Process and Timetable for Selecting a Replacement to Fill the Commissioner Seat
to be Vacated by Mr. Simpson in December
By consensus, the Board agreed to hold a Special Meeting at 7:00 PM on Monday, November 29,
1999 in the Police Department Training Room to interview applicants to fill the Commissioner
Seat to be Vacated by Commissioner Simpson, and declared a closing date for accepting
applications of November 22, 1999.
10. ADJOURN
Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board moved
to adjourn at approximately 8:50 PM.
tb:.~~
Donna F. Armbrister, CMC
Town Clerk
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& Town
W of
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ATTACHMENT 7. C
165
RESOLUTION AUTHORIZING THE HIRING OF ADDITION PERSONNEL, WHEN
NECESSARY, TO ADDRESS EXTENDED EMPLOYEE VACANCIES
WHEREAS, the Town of Hillsborough recognizes it is inevitable that there will be times when
critical positions become temporarily vacant, for varying lengths of time due to employee illness,
injury, accidents, use of family medical leave, extended military leave, and other types of leave;
and
WHEREAS, the Town cannot operate for extended periods of time when some of these key
positions are vacant.
NOW THEREFORE LET IT BE RESOLVED by the Town of Hillsborough Board of
Commissioners that the Town Manager is authorized to take appropriate action in filling
extended position vacancies that create an undue stress on the Town's operations, with the
following restrictions, checks, and balances:
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. The Town Manager may hire either part-time, full-time, temporary, or regular employees,
with the exception that if a full-time regular employee must be hired to address an extended
vacancy, the position must be of the identical job description;
. The Town Manager must give advance notice to the Board in writing to make them aware of
the action before the new personnel is hired;
. In the event that a full-time regular employee is hired and eventually deemed no longer
necessary by the Board of Commissioners, the Board may then elect to eliminate funding for
the new position via a budget amendment or by failing to provide adequate funding in the
upcoming budget to fund that position.
ADOPTED THIS 8th DAY OF NOVEMBER, 1999
~~,.~ )...
Mayor Horace H. Johnso , Sr.
~/~
onna Armbrister, Town Clerk
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101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278
919-732-2104 · Fax: 919-644-2390
Town
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166
ATTACHMENT 7. E
The Town of Hills borough Board of Commissioners will consider a waiver of
competitive bidding under a.s. 143-129 (g) at its regular meeting on November 8, 1999
for the ourchase of one backhoe from NC E1.uioment Comoanv_ the seller having agreed
to extend to Hillsborough the same or more avorable prices and terms set forth in its
contract with Town of Garner, NC, entered into on June 10, 1999. For additional
information contact Kenneth Keel, Town Engineer/Utilities Director at 919-732-2104 ext
231, fax 919-644-2390, kkeel@visionet.org .
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101 East Orange Street · P.o. Box 429 · Hillsborough, North Carolina 27278
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PH.919-772-46811 t-AX !:lW-tjtj:.!-IlIl'4
t-'UH\,;HAbt:
ORDER#
981:'01189-88
FY ~s&~
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Town of" Ga rner
Attn: Accounts Payable
P.O. Box 446
Gar'ner, NC
THIS ORDER NUMBER MUST APPEAR ON ALL
PACKAGES, INVOICES AND SHIPPING PAPERS
27529
SPECIAL INSTRUCTIONS
1 - NO STATEMENT CAN BE AliCEPTED FOR PAYMENT
2 - IF DELAY INCURRED....ADVISE IMMEDIATELY
3 ' GOODS ARE SUBJECT TO OUR INSPECTION AND APPROVAL
Raleigh, NC 27602
Town .:>f" Garner
War-ehouse
610 Rand Mill Road
Garner, NC
N.C. Equipment Company
P . O. B.:) }: 431
""7> ~".
Requisition
00 JCB 214 Backhoe per bid#9908
1.0
EA
, . ;'. 5 1 , 837 .. (
.
10561500-537400
51,837 00
PO Tot~.1' ';;',.?{~'..,. 51 ;837.
.NSTRUMENT HAS BEEN PREAUDITED INi'HE MANNER REQUIRED
E L OV RNMENT BUDGET AND SCAl CONTROL ACT.
:.-< .,. J .' :
. ~ /. !
. I ' , ~ ~.; FINANCE DIRECTOR
ADDITIONAL INSTRUCTIONS:
PURCHASING AGENT REC'D
ORIGINATOR
DATE
lE9
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Town of Gamer
Purchasing Department
North Carolina
.r#
REQUEST FOR BIDS AND PROPOSALS ON:
(1) 100 HP Diese14 WD Backhoe (Wastewater Division)
(1) 88 HP Diesel 4 WD Backhoe (Streets Division)
Pursuant to General StatUtes of North Carolina, Section 143-129, as amended, sealed bids and proposals are
invited and, subject to the conditions attached, will be received by the Town of Gamer, Purchasing Manager
until ? n n o'clock PM .Tnnp- 1 0 J 1 q qq. Following, the scaled bids and proposals will be
publicly opened and at the Gamer Town Hall, 900 Seventh Avenue, Gamer, NC for furnishing the
apparatus. supplies, aterials, equip t and/or repair worle and services as described herein.
BY:
DATE: 6)?,J/QQ
9908
POSITIVELY NO BIDS CONSIDERED UNLESS SUBMlTl'~D ON TIDS FORM
,tit,l QlJANTITY \ D~CRJPTION ! =f. . ~~ I
WasteWater Division (per specifications) JCB, MODEL 214 S-SM
1 Streets Division (per specifications)
JCB,MODEL 214SM
. r,S"s.1."~1s-{ $'S7,<JO
As per attached specifications and resolutions authorizing cooperative'
Purchasing between the Town of Gamer and other Governments composing
The Triangle J Council of Governments.
DEPOSIT:$ 5% TOT. BID (5%)
IMPORTANT: Cash Deposit, Bid Bond, Cashier's Check, or Certified
Check not less than 5 % of total bid must accompany proposal.
NOTICE TO BIDDERS: All tax imposed upon any article on which you are bidding shall be shown as a separate item and in no case
included with bid price. Failure to comply with these conditions wil1 be considered grounds for rejection.
~AME OF BIDDER: NORTH CAROLINA EQUIPMENT CO.
DRESS: PO BOX 431, RALEIGH, NC 27602
ONTACT: CHART.F.S KnRT7.
TERMS: NET 10 DAYS
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TOWN OF GARNER
GARNER. NORTH CAROLINA
BID NO: 9908
PAGEi
General:
It is th~ intent and purpose of these specifications to secure for the Town of Gamer two (2) 4 WD
backhoes of the latest desi~ current production model with all standard equipment as listed in the '.
manufacturer's literature. Specific details are enclosed herein, and should be considered to be
minimum requirements unless otherwise shown. All parts not specifically mentioned which are
necessary in operation shall be furnished by the successful bidder and shall conform in strength,
quality of material and workmanship to that which is usually provided by the engineering practice
indicated in these specifications. All equipment provided shall meet the requirements of the State
and Federal Motor Vehicle Safety Standards in effect on date of manufacture.
All equipment, materials and workmanship shall be of the highest grade in accordance with modern
practice. The equipment furnished shall be new and unused except for necessary testing, calibration
and transportation.
It is the intent of these specifications to secure equipment which can be properly maintained and
serviced without necessity of stocking expensive parts inventory or being subjected to long periods
of interrupted service due to the lack of spare parts. Suppliers submitting bids must prov.ide location
of qualified factory parts and service center.
All bidders must adhere as closely as possible to provided specifications. Exceptions must be clearly
identified and listed on an attached sheet. The Town of Garner reserves the right to reject or accept
any bid that is in the best interest of the Town.
All tax imposed upon any article on which you are bidding shall be shown as a separate item and in
no case included with bid price. Failure to comply with this condition will be considered grounds for
rejection.
Documentation:
Bidders are required to furnish with their bids basic specifications, and sample warranty.
The successful bidder shall furnish two (2) operator manuals, two (2) parts manuals, one (I)
warranty certificate, one (I) manufacturer's statement of origin, and one (1) application for
certificate of title properly completed.
De/iverv:
The successful bidder shall deliver and leave in operating condition the above equipment at the
Town of Gamer, Public Works Facility, 610 Rand Mill Road, Garner, NC 27529. The successful
bidder or a company representative will be required to conduct the necessary training in operation
and maintenance procedures to the Town Personnel concerned.
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171
TOWN OF GARNER
.GARNER. NORTH CAROLINA
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BID NO: 9908
PAGE ii
A ward:
Award of the bid will be determined by price of specified equipment, goods or services and price and
availability of replacement parts. Also considered shall be the service facilities and quality of equipment
as required by specifications. .
Conditions:
(I) All bids and proposals shall be for furnishing apparatus, supplies, materials, equipment, and/or
work and services in accordance with the applicable plans and specifications prescribed by the
Town of Garner, from the date shown above until the date of the opening the proposals. The
plans and specifications of the proposed work and/or a complete description of the apparatus,
supplies, materials or equipment and/or work and services are and will continue to be on file in
the office of purchasing, Town Hall, 900 Seventh Avenue, Garner, NC 27529, during the usual
office hours and available to prospective bidders.
No proposal will be considered or accepted unless, at the time of its filing, the same shall be
accompanied by a deposit of cash, cashier's check, certified check on a bank or trust company,
insured by the Federal Deposit Insurance Corporation, or bid bond in an amount of not less than
.5% of the proposal.
(3) The Town of Garner Board of Aldermen reserve the right to evaluate all bids, especially where
there is a wide range in specifications or to reject any and all bids and proposals, and further
specifically reserve the right to make the award in the best interest of the Town. Unless
otherwise specified by the bidder, the Board reserves the right to accept any item in the bid.
(2)
(4) Time, in connection with any discount offered, will be computed from date of delivery of the
supplies or materials at destination, when final inspection and acceptance are at those points,
or from the date correct invoice is received, whichever occurs last. Guaranteed maximum price
must be shown on all bids.
(5) In case of default ofthe contractor, the Town of Garner may procure the articles or services from
other sources and hold the contractor responsible for any excess cost occasioned thereby.
(6) Payment by the purchaser is due thirty (30) days after delivery and inspection in Garner, NC
unless otherwise specifically provided; subject to any discounts allowed.
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172
TOWNOFGARNER
~ NORTH CAROLINA
BID NO: 9908
PAGE Hi
(7) Bidders shall address and mark bid as shown below:
Town of Garner
Purchasing Office
P.O. Box 446
Garner, N.C. 27529
Sealed Bid Request No. 9908
To be opened at 2:00 P.M.
Thursday, June 10, 1999
ComD/iance:
In compliance with the above request for bids, and subject to all conditions thereof, the undersigned
offers and agrees, if this bid be accepted, within _15,~30,_ 45 (check one) days from the
opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each
item, unless otherwise specified withirl5 0 - 9 Bays after receipt of order to deliver said items to the
address/addresses as specified in the request for bids.
Discounts will be allowed for prompt payment upon receipt of correct invoice as follows: 10 calendar
days NET percent; 15 calendar days ~ercent; 20 calendar days 0 percent; certified check, bid
bond, or cash deposit in the amount of$ 5% OF TOT. BID is submitted herewith.
By: ~;:~
~ Signature
DAVID R. ARENDS
Typed name of above signature
MKT/ADV MGR.
Title
LTtlNF. 1 n _ 1 qqq
Date
173
Bid No: 9908
ToWII of Gamer
G<<mer. Norllr Carollna
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SPECIFlCATlONSlOUESTIONAIRE
Item# 2: Streets Division
MEETS AS BIDIEXCEPTIONS
ITEM SPECIFIC A nON SPECS TAKEN
1. ENGINE Diesel X
88 HP gross/80 HP net X
2. TRANSMISSION Fully syncronized gearbox, 4 forward
4 reverse power shift with electric X
disconnect
3. AXLES 4-wheel drive with electric engage X
4. BACKHOE Digging depth: 14'5" min wn: flat X
bottom
Extendable dipper stick to 18'4" min X
Two lever controls Goy sticks) X I
I
Boom lift at ground level: 1900 Ibs min X ! 2,080 Ibs.
,
extended; 2520 Ibs min retracted X I 2,710 Ibs.
I
(please state your lift capacities - X
per SAE J standards) I
. BACKHOE BUCKET Heavy duty 24" with pinned rock X I
teeth (knock out type)
6. LOADER LIFT 6, I 00 Ibs min to full lift height X
7. LOADER BUCKET Heavy duty, 4 in 1 type multipurpose I
with bolt-on reversible cutting edge
1.25 CY heaped capacity I
Width equal to loader width at rear I
I
tires, with integral, self-storing, I
I
adjustable loader forks, rated at 4000# i
at 24" load center. X !
8. LOADER Single or Dual lever controls with i
CONTROLS electric disconnect X !
i
9. CAB SAE/ROPSIFOPS, fully enclosed cab X
Heater/defroster X ,
Cab fan X I
Interior light X
Windshield wipers, front & rear x
Tinted safety glass X I
Fire extinquisher ABC (mounted) X I
Two outside west coast type mirrors X !
Heavy duty rubber mat on area X
Deluxe HD suspension seat w/ ann rest X
174
Bid No: 9908
Town of GdrIIU'
Gamer, North Carolbul
,
....~~1~~..::.'-..<- " ."r-:': .. :.t'"';"$:"~,~~. J- I~:!.f
SPECIFICATIONS/OUESTIONAIRE
Item# 2: Street! Divi3ioll
. MEETS AS BIDIEXCEPTIONS
ITEM SPECIFICA nON SPECS TAKEN
10. GAUGES Hour meter X
Fuel and warning devices X
Tachometer X
Ampmeter X
Water temperature v
Engine oil pressure X
11. HYDRAULIC Sealed type X
SYSTEM Safety relief valve X
Full flow replaceable spin-on filter X
12. BRAKES Hydraulic wet disc, 2-foot pedals
for individual or simultaneous
operation, hand parking brake X
13. STEERING Full power with manual steer
capability in case of system failure x
14. TIRES Manufacturers standard 4-wheel drive X
15. LIGHTS Two (2) road headlights, four (4)
front working lights, four (4) rear
working lights, turn signals w/flashing
hazards, brake/taillights X'
.
16. COLOR Mfg. standard X
17. MISC. Reversible street to off-road stabalizer
pads, electric backup alarm, SMV
emblem mounted on rear, vandal
protection kit, electric horn control X
I
18. ELECTRICAL 12-Volt system, 65 amp alternator I
with 850 CCA battery X
,< I
19. WARRANTY Total machine - I-year parts & labor X
Power train - 2-years parts & labor X
Structure - 3-years parts & labor X
20. TRAINING Four (4) hours each operator &
mechanics X
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A'ITACHKENT 8. D
MEMORANDUM
To: Mayor Johnson and Hillsborough Town Board members
From: Margaret A. Hauth, Planning Director IliA 1.--
Date: November 4, 1999 V~
RE: 2002-2008 Transportation Priority List
Background
The Town adopts a priority list which is then sent to NCDOT for their information and officially
submitted to the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization. The MPO
then drafts a regional priority list and a metropolitan Transportation Improvement Plan. The
MPO and DOT negotiate to forge an agreement between the MTIP and State TIP.
The State recently moved to a two-year TIP cycle. We will no longer submit requests annually,
only in even years. Two years of funding will be approved at one time.
The MPO process
The MPO uses objective criteria to rank the numerous requests from across the region. These
criteria include things like accident rates, congestion, compliance with plans, environmental and
social disruption and other things. The Transportation Advisory Committee then reviews that
rank order and makes adjustments to address subjective concerns. Because of limited funding
available to the region, the MPO rarely submits all requests to the state. The list is routinely
limited to the top 25-30 projects. Until a project is fully funded, it remains in the priority list.
Planning Board recommended list
Attached is a list of four projects unanimously recommended by the Planning Board at their
November 3 meeting. The widening of US 70 Bypass is a new project that has not been requesteJ.
previously. Elizabeth Brady Road remains on the list as the Planning Board's top priority
because it has not yet been fully funded. The feasibility study for improvements along South
Churton Street has not yet been done due to staff turnover at DOT. Because that funding is set,
the Planning Board wanted to move ahead and request improvements in this corridor so
construction funds might be available closely on the heels of the feasibility study.
The Town may want to consider approaching Orange County and the property owners in the
South Churton Street corridor to cooperatively fund a study of this corridor to see what
improvements are possible. By working together with a transportation consultant, we could
involve more people in the planning process and investigate a broader range of solutions than
might be done by the State. We would then have a corridor plan from which to request specific
improvement projects from NCDOT. This sort of plan could be costly and time consuming, but
would provide a document that all the affected parties could support and provide clear guidance
for any further development or re-development in this corridor. In very generic tenns, $80,000
to $100,000 would be needed for the study.
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Hillsborough TIP Priority List
2002 - 2008
1.
Elizabeth Brady Road extension (project U-3808)
Construct proposed 4-lane boulevard that connects US 70 Business, US 70 Bypass, and
St. Mary's Road (SR 1(02). Special design consideration should be used in crossing the
Eno River and the overall impact of the road on neighboring properties.
2.
Improvements along South Churton Street (project R-2825)
Congestion management, limited access, capacity and aesthetic improvements between US
70 Business and Interstate 40. The portion between Interstates 40 and 85 will confirm to
the design criteria of the Economic Development District Design Manual (4-lane divided
section with bike and pedestrian improvements). North of Interstate 85 a variety of
improvements within the current right-of-way need to be explored.
3.
US 70 Bypass widening
Widen US 70 to a four-lane divided section with bike and pedestrian improvements. This
project should be phased to address the traffic counts and existing congestion.
4.
Western Bypass (project R-3438)
Construct proposed 2-lane facility connecting US 70 with NC 86 North using a portion of
Coleman Loop Road (SR 1332) right-of-way.
A'ITACHKENT 8. E
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NORTH CAROLINA
ORANGECOUNTY.
TOWN OF HILLSBOROUGH
W A TERlSEWER EXTENSION CONTRACT
THIS CONTRACT is entered into this _ day of November, 1999, by and
between Meadowlands Associates (hereinafter the "Developer") and the Town of Hills borough, a
North Carolina municipal corporation (hereinafter the "Town''):
WHEREAS, the Developer proposes to extend the Town water and sewer system to serve
Executive Court (hereinafter the "Project'); and
WHEREAS, the Developer has agreed to pay certain costs associated with the proposed
extension; and
WHEREAS, at its meeting held November 8. 192.2, the HiIlsborough Town Council
authorized the proposed extension subject to execution of this agreement 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 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 system under this agreement 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 begins, construction ceases
for a continuous period of at least one year (unless a result of an action by the Town); or (iii) the
extension to be constructed pursuant to this contract has not been connected to the Town's system
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 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 Appendix A and acknowledges that the Town's authorization to
connect the proposed extension to the Town's system is specifically contingent upon compliance
with or satisfaction of the same. If these conditions are not met, the extension agreement will be
rendered null and void and the developer will need to re-negotiate a new contract for extension of
service from the Town.
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A.
General Conditions:
1. Unless otherwise explicitly and specifically stated, Developer shall bear the costs
and expenses of all of the obligations and duties created by this contract,
including without limitation, engineering and legal fees incurred by the Town in
connection with the proposed extension
2. The Town will permit the physical connection of the extension to the Town's
water or sewer system 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 extension 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 the Developer's expense.
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.
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.
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 from persons connecting onto or extending the improvements
constructed under this contract except as specified herein Appendix A.
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.
8. All fees and charges to be paid pursuant to thi~ contract shall be calculated in
accordance with the fee schedule in effect when the fees and charges are paid.
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 under this
agreement.
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However, this contract is specific to the Project described above and any change
or alteration in the approved intended use, i.e. residential and commercial
development, of such project shall, absent the written consent of the Town, void
this contract.
10.
The words "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 dispute between the parties of this agreement
may be referred, at the request of the Town, for binding arbitration through the
private Adjudication Center at Duke University.
B. Pre-Construction Conditions
.
1.
The Developer shall engage a licensed professional engineer to prepare plans and
specifications for the construction of water improvements and/or 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 EngineerlUtilities Director
North Carolina Department of Environment 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 undersigned developer or project
owner.
4.
All water and sewer capital facilities fees for residential projects shall be paid
before construction of the extension begins except as provided herein Appendix
A.
C. Construction Conditions:
.
1. Unless otherwise provided in this contract, all construction shall be in accordance
with Town policy, standards and specifications.
a) The Town shall designate the size and type of material for all water and
sewer lines.
b) All work shall be subject to inspection by the Town. No line may be
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180
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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 at the developer's expense
to facilitate such inspection.
c)
The Town will require any testing to determine that the work complies
with Town standards and specifications. All such testing shall be at the
Developer's expense.
d)
The Developer's engineer shall provide construction stake out and
supervtslon.
e)
An Engineers representative shall be onsite each day that work is
performed and shall prepare daily logs to be submitted weekly to the
Town Engineer.
f)
All construction shaU be performed by a contractor licensed to perform
this type of work in North Carolina.
g)
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/or sewer construction
within the Project and the total cost of all water and/or sewer construction
required to extend service to the project.
D. Post-Construction Conditions:
Before the Town will allow water to flow to the project or permit use of the Town 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 with the
approved plans and specifications.
c) a Contractor's Affidavit and Release of Liens from all subcontractors and
materialmen.
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181
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d)
a Warranty 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 system 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.
MEADOWLANDS ASSOCIATES
TOWN OF lllLLSBOROUGH
By:
By:
George A. Horton, ill
Eric Peterson
Town Manager
.
ATTEST:
ATTEST:
Secretary
Town Clerk
.
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Executive Court
Project:
TOWN OF lllLLSBOROUGH W ATERlSEWER EXTENSION CONTRACT
APPENDIX A
Developer agrees to satisfy the following conditions in addition to those set forth in the
WATER/SEWER EXTENSION CONTRACT before the Town will permit the connection of
improvements constructed for the above referenced project to the Town water and sewer system:
1) The Project shall consist of -L Phase having a total of --H- acres of Commercial
Development. The fees due shall be payable prior to connection of each site to the system.
Fees shall be based on the fee schedule in effect when each site is connected to the system.
2) Developer shall design, permit, gain easements, and construct all off-site utility
improvements prior to constructing any onsite utilities as described below. These facilities
may include, but not be limited to, approximately 2lL LF of l-inch gravity sewer and
560 LF of ~ -inch water to the Town's system at Meadowlands Drive.
3) All off-site and on-site utilities shall be installed per Town standards once the plans have
been approved by the Town Engineer. .
6