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HomeMy Public PortalAbout04-10-2000 Regular Session 243 . MINUTES HILLSBOROUGH TOWN BOARD April 10, 2000 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on April 10, 2000 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sr., and Commissioners Kenneth Chavious, Frances Dancy, Evelyn Lloyd, Mark Sheridan, Brian Lowen. Staff present were Town Manager Eric Peterson, Finance Director Sherry Carter, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Police Chief Nathaniel Eubanks, Town Engineer Kenny Keel, and Police Lieutenant Judy Jacobs. Interview candidate for vacancy on the Historic District Commission. This candidate was not present at the beginning of the meeting, therefore, the interview was held after Item 6, Manager's Report. Mayor Horace H. Johnson, Sr. called the meeting to order at 7:34 PM. 1. PUBLIC CHARGE Mayor Johnson read the Public Charge. . 2. ADDING ITEMS TO THE PRINTED AGENDA The Board added the following to the Printed Agenda: Item 7.A Receive Letter of Interest in Annexation for Lawrence Park Subdivision Item 4.F Discussion of the Water/Sewer Boundary Item 10.0 Appointment of Commissioner Kenneth Chavious to serve as the Town's Representative on the Transportation Advisory Committee; and the Appointment of Commissioner Brian Lowen to serve as the Town's Representative on the Schools. and Land Use Council 3. AUDIENCE COMMENTS A. Matters on the printed agenda There were no comments. B. . Matters not on the printed agenda . Reginald Gillespie requested to speak to the Board on the De-Annexation of Fox Hill Farms. This was added as Item 9.AA. 1 . . . 244 4. REPORTS A. Dorothy Johnson to appear before the Board to give Update on Fairview Community Watch Ms. Dorothy Johnson and Mr. Freddy Riley appeared before the Board and presented the Mayor, the Town Board, and the Town Manager with individual Certificates of Appreciation. B. Riverwalk/Clean Water Management Trust Fund Grant Update Planning Director Margaret Hauth updated the Board on the Riverwalk Project and announced that they will soon begin to contact affected property owners to explain and discuss the Project. C. Presentation of Water & Development Capacity Analysis Town Manager Eric Peterson the information to the Board and defined the primary purpose of the Water & Development Capacity Analysis as identifying the Town's potential growth limits. The scenario of forecasted development and associated water use is intended to serve as a policy-making tool to help the Town Board and the Planning Board determine the location and type of growth that is best suited to protect long-term quality of life issues as well as adequately plan for a "balanced" future. D. Tom Magnuson to appear before the Board to give Update on Trading Path Association Activity Mr. Magnuson was not present for the Report. E. Richard Leber to appear before the Board regarding Affordable Housing issues in Orange County Mr. Richard Leber, Volunteer President, Orange County Habitat for Humanity addressed the Board requesting their support of an initiative to increase Orange County property taxes by a Penny. This "Penny for Housing" initiative would raise a County total of $670,000 per year. This additional revenue would be used to support a broad spectrum of the initiatives to help those in need. For example, the recently completed "Shaping Orange County" study estimated as many as 3,600 Orange County families live in substandard conditions. The existing efforts to address this need are commendable but only meet a small portion of the overall need. Habitat for Humanity builds about 10 homes per year, which is less than 1% of the families living in substandard conditions. Mr. Leber asked the Board to endorse the "Penny for Housing" proposal as a formal motion. Mayor Johnson stated that the Board would consider this request at a later time. 2 . . . 245 ADDED ITEM F. DISCUSSION OF THE WATER/SEWER BOUNDARY Commissioner Sheridan reported, that he and Commissioner Lloyd have met with Orange County Officials regarding the Water/Sewer Boundary Agreement. The document has been amended so that the Town could buy water from Durham for Emergency Situations without any restrictions. Commissioner Sheridan told the Board that he feels the initial boundary that was agreed upon years ago should remain in force. He urged the Board to consider the new Agreement very carefully. ' 5. APPROVAL OF THE MINUTES OF THE MARCH 13m AND 27m TOWN BOARD MEETINGS Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to approve the Minutes of the March 13th and 2th Town 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 discussed with the Board the current "No Parking" zoning on Hassel Street between King Street and Tryon Street. He stated that he and Police Chief Eubanks plan to bring a proposed Town Code amendment to the Board for their consideration at the May meeting to allow parking in some of this area, which would be described in the amendment. Peterson requested the Board authorize the Police Chief to forego issuing parking tickets in that area until the Board has had a chance to review the amendment. The Board agreed and authorized the Police Chief to have his department not issue parking tickets in the current ''No Parking" zone on Hassel Street between King Street and Tryon Street until after the May Board Meeting. Manager Peterson reported that the MP A Student Team will make a presentation to the Board at the May Board Meeting outlining their proposed Street Resurfacing Schedule. INTERVIEW CANDIDATE FOR VACANCY ON THE mSTORIC DISTRICT COMMISSION The Board interviewed Ms. Dinah Levinsohn to fill a vacancy on the Historic District Commission. 7. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel gave a status report on all current Water and Sewer Projects. 3 246 . Engineer Keel reviewed with the Board the Water Audit for the past three fiscal years. A copy of this Water Audit is hereby made a part of these Minutes as an Attachment. Commissioner Sheridan impressed upon the staff that lowering the percentage of unaccounted for water is a priority item of the Board. 8. ITEMS FOR DECISION - CONSENT AGENDA A. Consider Approving an Open Facilities Policy B. Consider Approval of a Policy to Allow a 60 day deferral of Water Deposit Payments for New Teachers in Orange County C. "A Day of Prayer" Proclamation D. Budget Amendment E. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve Consent Agenda Items A-D as presented by a vote of 5-0. The . motion was declared passed. Copies of the Open Facilities Policy, the "A Day of Prayer" Proclamation, and the Budget Amendment are hereby made a part of these Minutes as Attachments. . 9. ITEMS FOR DECISION - REGULAR AGENDA ADDED ITEM 9.AA DE-ANEXATION OF FOX HILL FARMS Mr. Reginald Gillespie, Attorney for Randy Fox, addressed the Board stating that as a result of developments that tend to indicate that the possibility of siting a landfill in the Hillsborough area now appears remote, and that he and his client agree that a reexamination of the Fox Hill Farms de-annexation is appropriate at this time. Residential development is now well underway in the area of fox Hill Farm that is located to the east of New Sharon Church Road. This particular area in Fox Hill Farm is part of the 106-acre area of Fox Hill Farm that was annexed by the Town in 1998. Given the progress and status of residential development activity in the part of Fox Hill farm that is located east of new Sharon Church Road, and to facilitate orderly land use planning and control, de-annexation of this particular area is entirely appropriate at this time. . A large area in Fox Hill Farm that is west of New Sharon Church Road still remains undeveloped. This area is a large tract of land, and given that advances in technology and waste disposals have led to the ability to locate landfills on smaller sites than originally considered, this area could potentially be viewed in the future as suitable in size and location for siting a landfill. Because there are no current plans for the immediate residential development of this area, it could remain a part of the Town with very little burden on the town in terms of land use planning or control. 4 . . . 247 Mr. Gillespie asked the Board to consider this de-annexation in 2 phases. Mr. Gillespie agreed for he and his client to accept responsibilitY for reworking the legal document prepared by the Town Attorney to amend it to reflect a 2-phase de-annexation and for preparing the legal documentation for the second phase of the de-annexation. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to authorize the Town Manager to proceed with the 2-phase de-annexation of Pox Hill Farms as presented with the stipulation that Mr. Fox accept responsibility for all expenses incurred for reworking the legal document prepared by the Town Attorney to amend it to reflect a 2-phase de-annexation and for preparing the legal documentation for the second phase of the de-annexation by a vote of 5-0. The motion was declared passed. This motion supersedes the motion made at the April 13, 2000 Board Meeting authorizing the de-annexation of the property in its entirety. A. Consider Adopting Interlocal Agreement for Solid Waste Management After a brief discussion, and upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board moved to approve the Agreement for Solid Waste Management by a vote of 5-0. The motion was declared passed. Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board moved to approve the Agreement to Amend the Agreement for Solid Waste Management as presented by a vote of 5-0. The motion was declared passed. B. Discuss Soliciting Requests for Proposals for Administration of Town Cemetery Operations Town Manager Eric Peterson reported that during the Town's February Goal-Setting Retreat the Board directed the staff to develop a proposal to eliminate weekend and holiday "call-out" service for Cemetery matters due to the excessive burden on the Town staff. In response to this directive, the staff is recommending that the Town solicit Requests for Proposals from businesses interested in serving as the Town's Cemetery Administrator. This would also provide additional relief to the staff's workload during the week. Manager Peterson stated that this is a very important issue and strongly urged the Board to consider this option. By consensus, the Board authorized the Town Manager to proceed with the Requests for Proposals and to bring a recommendation for them to consider at their June Meeting. C. Discuss and Consider Adopting Amendments to Chapter 5 (Offenses) of the Town Code for the Purpose of Amending the Noise Ordinance Manager Peterson stated that the Fairview Block Captains identified loud car stereos late at night as a major problem in their neighborhood. This is also a complaint that has been expressed in other areas of Town. Peterson presented an Amendment to Chapter 5 of the Town Code for the Board to consider. 5 . . . 248 Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to adopt the amendment to Chapter 5 of the Town Code as presented by a vote of5- O. A copy of the Ordinance is hereby made a part of these Minutes as an Attachment. D. Discuss Impact of Negotiations between Time-Warner and Disney about Carrying WTVD Channel lion Hillsborough Residents After a brief discussion, and by consensus, the Board directed the Town Manager to write a letter to Time-Warner Cable and Disney encouraging them to come to finalize their negotiations. E. Discuss Procedures for donating Town owned lot at Harper and Riddle to Habitat for Humanity Manager Peterson informed the Board of the Procedures the Town would need to follow to donate Town property. Upon a motion by Commissioner Dancy, seconded by Cominissioner Lowen, the Board moved to direct the Town Manager to prepare a Resolution for the Board's consideration at the May Board Meeting and to advertise the required legal notices in the newspaper. . F. Consideration ofInterlocal Agreement with Orange County to purchase digital data to create GIS database for Hillsborough Planning Area Planning Director Margaret Hauth presented the Agreement for the Board's consideration. Upon a motion by Commissioner bancy, seconded by Commissioner Lowen, the Board moved to approve the Interlocal Agreement with Orange County to purchase digital data to create GIS database for Hillsborough Planning Area as presented at a cost of$15,921 by a vote of 5-0. The motion was declared passed. G. Discuss Request from a citizen to place restrictions on keeping farm animals in residential areas Manager Peterson reported to the Board on a complaint received from Kathy Zimmerman of 318 Queen Street regarding ~er neighbor's two sheep, which are causing foul odors. After some discussion, the Board directed the Town Manager to draft an Ordinance for their consideration at the May Board Meeting. H. Discuss the concept of monthly Board of Commissioner's workshops/roundtable discussions Commissioner Lowen led the Board in a discussion regarding the possibility of scheduling additional Board workshops. 6 249 10. APPOINTMENTS . A. Consider appointing two members to the Solid Waste Advisory Board Manager Peterson advised the Board that the Town has advertised for volunteers to serve on this Board, but to date have received no response. B. Re-Appoint Mike Gering to 2nd term on the Historic District Commission . . Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to re-appoint Mike Gering to a 2nd term on the Historic District Commission by a vote of 5-0. The motion was declared passed. C. Appoint Dinah Levinsohn to fill vacancy on the Historic District Commission Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to appoint Dinah Levinsohn to fill a vacancy on the Historic District Commission by a vote of 5-0. The motion was declared passed. ADDED ITEM 10.D Appointment of Commissioner Kenneth Chavious to serve as the Town's Representative on the Transportation Advisory Committee; and the Appointment of Commissioner Brian Lowen to serve as the Town's Representative on the Schools and Land Use Council By consensus, the Board agreed to the appointment of Commissioner Kenneth Chavious to serve as the Town's Representative on the Transportation Advisory Committee; and the Appointment of Commissioner Brian Lowen to serve as the Town's Representative on the Schools and Land Use Council as requested. 11. ADJOURN Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to adjourn at 10:36 PM by a vote of 5-0. The motion was declared passed. ;LaI~ Respectfully submitted, Donna F. Armbrister, CMC Town Clerk 7 I I I I ~ 250 Water Audit Fiscal Year 1999 Total Water Total Water Total Water Sold to other Unaccounted Percent Produced Total Water Metered/Not Systems for Water Unaccounted (MGD) Billed (MGD) Billed (MGD) (MGD) (MGD) for Water Jul-98 64.802 39.692 0.9785 1.538 22.5935 34.87% Aua-98 53.804 44.625 1.1590 1.6760 6.344 11 .79% Sep-98 54.098 41.336 0.0101 1.569 11 .1829 20.67% Oet-98 64.602 36.891 1.0176 3.467 23.2264 35.95% Nav-98 44.077 32.202 1 .0230 2.3420 8.51 19.31 % Dee-98 43.48 31.244 2.2018 1.034 9.0002 20.70% Jan-99 57.2 36.6 1.0926 0 19.5074 34.10% Feb-99 43.307 38.791 0.9888 0 3.5272 8.14% Mar-99 42.81 36.865 1.5878 0 4.3572 10.18% Aor -99 51.941 34.861 1.0245 0 16.0555 30.91% May-99 40.616 34.167 1 .4373 0 5.0117 12.34% Jun-99 57.276 34.63 1.0284 2.8 18.8176 32.85% Total 618.013 441.904 13.5494 14.426 148.1336 23.97% Average 51;50 36.83 1.13 1.20 12.34 22.65% I I . ! ! I I I I ~ TOWN OF HILlSBOROUGH utilities Department c:lprojectslwater\Water Auditxls. Sheet: FY 1999 04105I2OOO. 2:27 PM I ! I I I I I ~ I I I I . I I I i I I I I I I I I I I ~ 251 Water Audit Fiscal Year 1998 Total Water Total Water Sold to other Unaccounted Percent Produced Total Water Systems for Water Unaccounted (MGD) Billed (MGD) (MGD) (MGD) for Water Jul-97 48.421 42.856 0.333 5.232 10.81 % AUQ-97 67.013 45.299 2.7500 18.964 28.30% Sep-97 51.057 41 .187 2.679 7.191 14.08% Oct-97 62.847 36.083 2.205 24.559 39.08% Nov-97 49.216 36.883 0.5880 11.745 23.86% Dec-97 49.523 38.472 0 11 .051 22.31 % Jan-98 64.212 38.299 0.206 25.707 40.03% Feb-98 47.924 38.722 0 9.202 19.20% Mar-98 44.864 34.235 0 10.629 23.69% Apr -98 45.863 38.832 0 7.031 15.33% Mav-98 62.218 42.285 0 19.933 32.04% Jun-98 50.143 39.897 0 10.246 20.43% Total 643.301 473.05 8.761 161.49 25.10% Average 53.61 39.42 0.73 13.46 24.10% TOWN OF HILLSBOROUGH uti5tJes Department c:\projectslwale1\Water Auclit.lds. SIleel: FY 1998 CW05I2OOO, 2:27 PM - . ~ Water Audit Fiscal Year 1997 252 Total Water Total Water Sold to other Unaccounted Percent Produced Total Water Systems for Water Unaccounted (MGD) Billed (MGD) (MGD) (MGD) for Water Jul-96 52.869 38.076 0 14.793 27.98% Auq-96 46.415 44.213 0 2.202 4.74% Sep-96 40.895 42.704 0 -1.809 -4.42% Oct-96 46.645 44.725 0 1.92 4.12% Nov-96 44.899 38.941 0 5.958 13.27% Dec-96 52.719 38.85 0 13.869 26.31% Jan-97 46.909 36.193 0 10.716 22.84% F eb-97 48.149 38.619 0 9.53 19.79% Mar-97 47.5 36.611 0 10.889 22.92% Aor-97 . 48.876 37.732 0 11.144 22.80% Mav-97 72.049 41.179 0 30.87 42.85% Jun-97 59.059 47.11 0 11 .949 20.23% Total 606.984 484.953 0 122.031 20.10% Average 50.58 40.41 0.00 10.17 18.62% TOWN OF HILLSBOROUGH UtilitJes Department c:lprojectslwatol\Waler Auditxls, S'-t: FY 1997 04105I2OOO. 2:56 PM . . . A'ITACBKENT 8. A 253 5/26/99 Appendix I Resolution - Open Facilities Policy An Open Facilities Policy for Recreation Facilities in Orange County WHEREAS, the Towns of Carrboro, Chapel Hill, Hillsborough and Orange County have developed parks and recreation facilities to provide service to citizens in their jurisdictions, and WHEREAS, the location and type of many parks and facilities is such that residents of adjacent jurisdictions are in close proximity to parks of a different jurisdiction or desirous of use of the facilities, and WHEREAS, the spirit of inter-jurisdictional coordination on current and future recreation programs and facilities has been furthered in recent years . with cooperative ventures between local governments; OWASA and the school systems, and - WHEREAS, attempting to tie use of recreation facilities to users only of the providing jurisdictions would be complicated administratively and would hinder community~building and inter-local efforts; NOW, THEREFORE, BE IT RESOLVED that the elected boards of all local governments in Orange County be encouraged to adopt this resolution for an. Open Facilities Policy, which would provide that all public recreation facilities constructed by the member local governments of the County be open to use by all County citizens. BE IT FURTHER RESOLVED THAT, upon adoption of this resolution by the elected boards of all local governments in Orange County, the resolution be transmitted to the Chapel Hill-Carrboro Board of Education, the Orange County Board of Education, and the Board of Directors of the Orange Water and Sewer Authority, asking their endorsement of the concept of an Open Facilities Policy; AND FURTHER RESOLVED THAT, the local governments agree to explore opportunities, at a later appropriate date, to clarify and explore a modification of an open facilities arrangement with the University of North Carolina at Chapel Hill and Duke University. This, the _ day of , 1999 To be signed by chair and mayors of Chapel Hill. Carrboro. Hillsborough and Orange County. WHEREAS, , , WHEREAS, J The Declaration of Independence, our first statement as Americans of national purpose and identity, made "the Laws of Nature and Nature's God" the foundation of our United States of America and asserted that people have inalienable rights that are God-given; and WHEREAS, The Supreme Court has affirmed the right of state legislatures to open their sessions with prayer and the Supreme Court and the U.S. Congress themselves begin each day with prayer; and WHEREAS, In 1988, legislation setting aside the first Thursday in May in each year as a National Day of Prayer was passed unanimously by both Houses of Congress and signed by President Ronald Reagan; and WHEREAS, the National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer to acknowledge our dependence on God, to give thanks for blessings received, to request healing for wounds endured, and to ask God to guide our leaders and bring wholeness to the United States and her citizens; and WHEREAS, It is fitting and proper to give thanks to God by observing a day of prayer in the Town of Hillsborough when all may acknowledge our blessings and express ' gratitude for them, while recognizing the need for strengthening religious and moral values in our State and nation; Now, therefore, I, Horace H. Johnson, Sr., Mayor of the town of Hills borough, do hereby proclaim the first Thursday in May, 2000, to be designated as: "A DAY OF PRAYER IN HILLSBOR 0 UGH" and encourage the citizens of Hillsborough to observe the day in ways appropriate to its importance and significance. Proclaimed ~s the lOth day of April, 2000. ~. ~ Horace H. Jo n, Sr., Mayor Town of Hills borough . SEAL Town of IHIY~ ATTACHMENT 8.D 255 BUDGET AMENDMENTS APRIL,2000 WATER FUND REVENUES; 30-3860-000 ProceedslWater Tank IFA ~ . $337.975 $337,975 EXPENDITURES; 30-8120-731 Water Plant Expansion L..:Q: $337,975 $337.975 To close Installment Financing Agreement on the Water Tanks project and set up accounts for the design and preliminary study of the Water Plant . APPROVED:t7f~/t7-.2?>~v .8y 0:-0 /~ VERIFIED: ~~ Donna F. Armbrister, Town Clerk . , 137 North Churton Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919.732.2104 · Fax: 919.732.1028 . . . (4) (5) (6) (7) 256 HILLSBOROUGH TOWN CODE Chapter 5, Offenses CHAPTER 5 GENERAL OFFENSES Section 5-1 Unlawful Noise Generallv (a) No person may authorize or cause to be emitted from any property or source under his control any unreasonable loud, annoying, frightening or disturbing nOIse. (b) For purposes of this article, unreasonable loud noise is defined to be noise that is sufficiently loud or of sufficient duration as to cause persons of average sensitivity to noise to be annoyed, fright'ened or disturbed or so as to generally disrupt the peaceful use and enjoyment of public or private property. Section 5-2 Particular Noises Prohibited The following are declared to be illustrations of noises prohibited under this Article, and are hereby declared to be unlawful, but this list shall not be exclusive: (1) (2) The blowing of a horn on any motor vehicle except when the horn is used as a warning device. The operation of any motor vehicle without a muffler or with a muffler that is so defective, designed, altered or maintained in such disrepair that the vehicle emits an unreasonably loud noise. The operation of a motor vehicle so as to create unreasonably loud noise through the screeching tires or racing or engines, or the operation of a motor vehicle that is so out of repair. so loaded. or in such a manner as to create loud or unnecessary grating. grinding. rattling or other noise. The operation of a motor vehicle off the boundaries of a public street between the hours of9:00 p.m. and 7:00 a.m. for racing or other sporting purposes that creates unreasonably loud noise. The operation or authorization to use or operate any musical instrument(s), radio receiving set, television, phonograph, tape recorder or similar electronic device for the production or reproduction of sound so as to disturb the comfort, quiet repose of persons in any place of residence or so as to create unreasonably loud noise disturbing or annoying to persons located on public property. The creation of unreasonably loud noise so as to interfere substantially with the operation of any church, school, theater, library or other similar place of assembly, or the creation of unreasonably loud noise on Sundays on any street or highwav adiacent to any church. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention by the creation of noise of any performance, show, sale, display, advertisement of merchandise, or other commercial venture. (3) . . . 257 (8) The keeping, harboring or authorization to keep or harbor on any premise, whether owned, leased or otherwise occupied or controlled, of any animal which by habitual or frequent howling, yelping, barking, squawking, meowing, crying or other noise which disrupts the quiet, comfort or repose of any person. (9) The operation of any noise-creating blower, power fan, internal combustion engine, or other machinery, the operation of which causes unreasonable loud noise, unless all steps reasonably practicable are taken to muffle or deaden the noise emitted therefrom so that the same shall not cause annoyance to the public nor unreasonably disturb the rest and quiet of persons on adjacent premises or within the vicinity thereof. (10) The use of any bell. siren. or whistle upon any vehicle other than police. fire. or other emergencv vehicle. (11) The playing or operation of any radio. cassette tape player. compact disk player. or any other sound producing instrument. device. or apparatus installed and located in a motor vehicle when the speaker volume is elevated to such an extent that the sound is clearly audible more than fifty (50) feet from the vehicle. The provisions of this subsection shall apply regardless of whether the vehicle is traveling upon the streets or highways or public vehicular areas of the city. parked on public or private property. or stopped in traffic. That a person is the operator or possessor of a motor vehicle shall make them the responsible party for purposes ofthis subsection. Section 5-3 Particular Noises Exempted The following noises are not prohibited under this articles: (I) Construction operations from 5:30 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends for which building permits have been issued or construction operations not requiring permits, provided that all equipment is operat,ed in accordance with the manufacturer's specifications and with all standard equipment manufacturer's mufflers and noise-reducing equipment in use and in properly operating condition; (2) Emergency warning devices of safety signals; (3) Noises resulting from lawn care equipment and agricultural field equipment used during the daytime hours; (4) Noises resulting from any authorized emergency vehicle when responding to any emergency call or acting in time of emergency; (5) Noises associated with parades, fairs, ~ircuses and other similar public entertainment events sponsored or authorized by the Town; (6) Noise from trains and associated rolling stock. when operated in proper repair and manner: (7) Emergencv work necessary to protect life or property; (8) Church bells. and bells from the Courthouse clock; and (9) Noise resulting from parades. exhibitions. lawful picketing. or other public demonstrations protected by the United States Constitution or federal law. or for which a local permit has been granted by the Town. Section 5-4 Permissive Considerations in Issuine Citations for Noise Violations 2 . . . 258 (repeal this section) Section 5-5 Burden of Persuasion Rel!ardinl! Exemptions from Noise Restrictions In any proceeding pursuant to Article I of this chapter, if an exemption stated in Section 5-3 would limit or eliminate a liability, the person who would benefit from the application of the exemption shall have the burden of persuasion that the exemption applies and that the terms of the exemption have been met. Section 5-13 Penalties and Remedies (a) A violation of any of the provisions of this chapter, except sections 5-2(2), (3) or (4), shall constitute a misdemeanor, punishable as provided in G.S. 14-4. A violation of sections 5-2(2), (3) or (4) shall constitute an infraction punishable as provided in G.S. 14-4. A violation of any of the provisions of this chapter shall also subject the offender to a civil penalty of !illy dollars ($50.00). If a person fails to pay this penalty within ten days after being cited for a violation, the Town may seek to recover the penalty by filing a civil action in the nature of debt. The Town may seek to enforce this chapter through any appropriate equitable action. Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. The Town may seek to enforce this chapter by using anyone or a combination of the foregoing remedies. . (b) (c) (d) (e) (f) · 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 / C# day of ~/CiL . Ayes: l~ Noes: -&--- Absent or Excused ~ ~.~ ~ Horace H. Johnson, Sr., Mayor Town of Hillsborough 3 . . . 259 Inter-local Agreement for Geographic Information System Services & Products Between Orange County and the Town of Hillsborough This Agreement, made this/plhday of~iqOOO, by and between Orange County, hereinafter referred to as "the County," and the Town of Hillsborol1gh, North Carolina, hereinafter referred to as ''the Town,',' and effective on the I ~ day of July 2000. Whereas, the Town participated with the County when the County issued requests for proposals (hereinafter ''the RFP"), on November 6, 1997 (amended on November 18, 1997) to obtain digital Geographic Information System (GIS) services and products; and Whereas, on January 20, 1998, the County awarded a contract to Atlantic Technologies, Ltd. of Huntsville, Alabama (hereinafter "the Company"), to provide services and products for GIS development as described in the RFP and the Company response (hereinafter "the GIS Contract"); and Whereas, the GIS Contract allows the Town to Purchase the services and products from the County that the Company completes; and Whereas, the County and the Town have decided that an agreement is necessary for the purchase and delivery of services and products to the Town and that a fair-share is the basis for the Town's cost for any item not priced on a per sheet basis (aerial photos; control, analytical, etc.) and Whereas, the Town's fair-share is $6,321 since the number of tiles needed to depict the geographic boundaries of the Town',s planning area (including the extraterritorial jurisdiction and utility service area) represents 7 percent of the County's contract cost for Aerial Photos, Control, and Analytical products, and ' Whereas, it has been determined that the services and products desired by the parties to this agreement can be shared in an equitable manner as provided in this agreement. Now, therefore, it is agreed and understood that: Conditions: 1. All products created by the Company for the County are the property of the County. 2. The Town may purchase from the County, for the areas designated below any service or product obtained from the Company pursuant to the GIS Contract. 3. The Town may purchase from the County the following 64 tiles at $150 per tiles for a total cost of $9,600: 9863-06 9864-07 9864-14 9865-12 9873-05 9874-05 9874-13 9875-13 9863-07 9864-08 9864-15 9865-14 9873-06 9874-06 9874-14 9875-14 9863-10 9864-09 9864-16 9865-16 9873-07 9874-07 9874-15 9875-15 9863-11 9864-10 9864-17 9865-17 9873-08 9874-08 9874-16 9875-16 9863-12 9864-11 9864-18 9865-18 9873-09 9874-09 9874-17 9875-17 9863-16 9864-12 9864-19 9865-19 9873-10 9874-10 9874-18 9875-18 9864-05 9864-12 9864- 20 9865-20 9873-11 9874-11 9874-19 9875-19 9864-06 9864-13 9865-11 9873-03 9873-12 9874-12 9874- 20 9875-20 . . . 260 4. The Total Costs to Hillsborough for the 64 tiles as itemized below equals $15,921: a. Town'sfair-share at $6,321. b. 64 tiles at $150 each for $9,600 A "tile" for the purpose of this agreemen~ includes at least the following digital information that can be process using a Pentium desktop computer with AutoCAD Map software: a. Digital Orthophoto Base Maps produced at a scale of I inch to 400 feet and based on NAD 83 that shows NAD 83 and NAD 87 grid ticks at four corners of each map sheet; b. Digital Topography with contour intervals representing elevation changes every 5 feet and produced at the same scale as the Digital Orthophotos; c. Digital Planametrics produced at the same scale as the Digital Orthophotos with details and/or features as selected by the GIS or Land Records staffs of Orange COUlity and Hillsborough. d. Corresponding databases provided by Orange County Land Records including tax map and parcel information. The County will provide quality control review of products delivered by the Company to the County, including an expert consultant when necessary; When provided by the Company, the. County will deliver requested products to the Town in the format and on media within the capability of the County's ARC/lNFO software and hardware which at this time is CDROM; The Town may refer all clients, citizens, and customers to the County's Land Records/GIS Office for the purchase of digital map coverages, images and files. The Town will not sell or give the digital products. purchased from the County without requiring the purchaser/receiver to sign an agreement in substantially the form of the enclosed. The County will provide the Town. with current copies and subsequent updates of all policies and price listings associated with the provision of the County's digital and GIS products as previously described. 5. 6. 7. 8. Special Conditions: 1. If the Town orders products or services after November 1, 2000, it will be subject to the cost adjustment that is a part of the County's GIS Contract. In witness whereof, the parties hereto have executed this Inter-Local Agreement effective on the 1st day of July 2000. Town of Hillsborough North Carolina By: Orange County North Carolina By: Jo-- ~- ~~ Horace H. Johnson, Mayor Town of Hillsborough Moses Carey, Chair Orange County Board of Commissioners . . . 261. Attest: Attest: Beverly Blythe, Clerk to the Board Kenneth T: Chavious, Finance Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. .