HomeMy Public PortalAbout04-10-2000 Regular Session
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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
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Reginald Gillespie requested to speak to the Board on the De-Annexation of Fox Hill
Farms. This was added as Item 9.AA.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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%
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TOWN OF HILlSBOROUGH
utilities Department
c:lprojectslwater\Water Auditxls. Sheet: FY 1999
04105I2OOO. 2:27 PM
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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
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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
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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,
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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.
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Horace H. Jo n, Sr., Mayor
Town of Hills borough
. SEAL
Town
of
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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
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APPROVED:t7f~/t7-.2?>~v .8y 0:-0 /~
VERIFIED: ~~
Donna F. Armbrister, Town Clerk
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137 North Churton Street · P.O. Box 429 · Hillsborough, North Carolina 27278
919.732.2104 · Fax: 919.732.1028
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(4)
(5)
(6)
(7)
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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)
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(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
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(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
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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
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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
.
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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. .