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Home My Public Portal About06-12-2000 Regular Session . . . 303 MINUTES 'HILLSBOROUGH TOWN BOARD June 12,2000 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on June Ith, 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, Town Engineer Kenny Keel, Public Works Director Pete Champion, and Police Chief Nathaniel Eubanks. Mayor Horace H. Johnson, Sr. called the meeting to Order at 7:30 PM. 1. PUBLIC CHARGE Mayor Johnson read the Public Charge. 2. ADDING ITEMS TO THE PRINTED AGENDA Commissioner Sheridan requested a moment of silence in memory of Dirk Frankenberg who recently passed away. Town Manager Eric Peterson requested that Item 1 D.N be removed from the Agenda to be considered at a later date. Commissioner Lowen requested the Board discuss holding additional Board Work Sessions. This was added as Item 10.P. 3. AUDIENCE COMMENTS A. Matters on the printed agenda Matthew Martin asked to speak: to Item 10.B. Alan Archibald asked to speak to Item 10. C. B. Matters not on the printed agenda There were no audience comments. 4. PRESENTATION A. Presentation of Government Finance Officer's Association Distinguished Budget Presentation Award to the Town of Hillsborough . . . 304 Town Manager Eric Peterson informed the Board that the Town had again been awarded the Government Finance Officer's Association Distinguished Budget Presentation Award. 5. REPORTS A. Update on the Grant Application for the Water Plant ExpansionfUpgrade Town Manager Eric Peterson informed the Board that the State had made a mistake when reviewing the Town's Grant Application and therefore did not award the Town the Grant for the Water Plant ExpansionlUpgrade, even though the town qualified for the $3.0 Million Grant. Manager Peterson and Engineer Keel met with the officials at the State and were informed that funds may be available later in the year to fund this request. B. Evelyn Poole-Kober will address the Board regarding several issues of concern Evelyn Poole-Kober expressed her appreciation for the efforts the Street Department has made in clearing the streets after the recent storms, and thanked Manager Peterson and Public Works Director Champion for their assistance with the fallen Oak Tree in the Margaret Lane Cemetery. Ms. Poole-Kober asked the Board to review and consider the following concerns: · The amount of garbage allowed to be accumulated at a residence · Does the Town have an Ordinance or Policy regarding a resident moving debris from one property to another ' · Concerns regarding dilapidated structures with broken windows and Christmas decorations still up · Concerns with the way the Street Department cut back and trimmed trees along her property. She requested that property owners be consulted when this type of trimming is required. · She wishes to make a contribution of a tree to the Margaret Lane Cemetery C. Update on the Orange County Justice Facilities Master Plan Pam Jones, Purchasing Director for Orange County, introduced Alan Baldwin with Freeman White, Inc. who presente'd proposed concept options for the Orange County Justice Facilities currently under consideration. 6. APPROVAL OF THE MINUTES OF THE MAY 8TH REGULAR BOARD MEETING, THE MAY 15TH, 22ND, AND JUNE 1ST BUDGET WORK SESSIONS Commissioner Dancy noted that the Minutes of the May 22nd meeting need to be amended to remove her name from the volunteer committee analyzing the commercial dumpster pick-up Issue. Commissioner Sheridan noted a typographical error in the Minutes of May 8th on Page 3, Item 8 - the word "not" needs to be changed to "no". 2 . . . 305 Upon a motion by Commissioner Dancy, seconded by COnimissioner Llold, the Board moved that the Minutes of the May 8th Regular Board Meeting, the May 151\ 22n , and June 151 Budget Work Sessions be approved with the aforementioned amendments by a vote of 5-0. The motion was declared passed. 7. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson asked Finance Director Sherry Carter to update the Board on the most reC(ent developments in the NC General Assembly. Finance Director Carter discussed Senate Bill 1076 which is an Act to repeal property tax on certain vehicles leased or rented under retail short-term leases or rentals and to replace the tax revenue with a local tax on gross receipts derived from retail short-term leases or rentals. Manager Peterson reminded Board Members of the upcoming Town Hall Day and requested that Board Members wishing to attend notify the Town Clerk as soon as possible. Manager Peterson stated that he doesn't often discuss personnel issues in a Board Meeting, but wanted to inform the Board that in light of recent comments in the newspaper, he felt it was important for the Board to know he had great confidence in the abilities of Engineer Keel and that Mr. Keel had his full support. 8. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel gave a status update on all current water and sewer projects. Commissioners Chavious and Lloyd also expressed their confidence in Engineer Keel. . 9. ITEMS FOR DECISION - CONSENT AGENDA A. Consider Approving Lease Extension to the Historical Society for the Museum B. Consider Approving: · Title Change of Development Coordinator to Utilities and Planning Analyst · Promotion of Police Lieutenant/Investigations (Grade 17) to Police Captain/Patrol (Grade 19) [New Classification] · Promotion of Investigator (Grade 15) to Police LieutenantlNarcotics Investigations (Grade 17)[New Classification] · Reclassification of Police Lieutenant/Investigations (Grade. 17) to Police Captain/Criminal Investigations (Grade 19)[New Classification] · Reclassification of Police Lieutenant/Community Policing (Grade 17) to Police Captain/Community Policing (Grade 19)[New Classification] · Promotion of Investigator (Grade 15) to Police Sergeant/Criminal Investigations (Grade 16)[New Classification] 3 . . . 306 C. Consider Resolution Accepting the Dedication of New Street Rights-of-Way for Ownership and Maintenance for Powell Bill Funding D. Adopt a Resolution Authorizing the Sale of a Town Owned Lot at the corner of Harper Street and Riddle A venue to Habitat for Humanity E. Approval of Miscellaneous Budget Amendments F. Consider Renewing Fire Inspection Agreement with Orange County G. Approve update of Personnel Authorized to Drive Town Vehicles Home Upon a motion by Commissioner Sheridan, seconded by Commissioner Lowen, the Board moved to approve Items A-G of the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. A copy of the Resolution Accepting the Dedication of New Street Rights- of- Way for Ownership and Maintenance for Powell Bill Funding; a copy of the Resolution Authorizing the Sale of a Town Owned lot at the corner of Harper Street and riddle Avenue to Habitat for Humanity; the Miscellaneous Budget Amendments; The Fire Inspection Agreement with Orange County; and the updated list of Personnel Authorized to Drive Town Vehicles Home is hereby made a part of these Minutes as Attachments. 10. ITEMS FOR DECISION - REGULAR AGENDA A. Consider Adoption ofthe FY2000-2001 Budget Ordinance Town Manager Eric Peterson presented the FY2000-2001 Budget Ordinance for the Board's consideration. Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adopt the FY2000-2001 Budget Ordinance as presented by a vote of 5-0. The motion was declared passed. A copy of the FY2000-2001 Budget Ordinance is hereby made a part of these Minutes as an Attachment. B. Consideration of an Ordinance to establish a 6-month Development Moratorium on the processing, review and approval of site-specific development plans for non-residential development on all properties under the Town's Zoning Jurisdiction and located within 2500 feet of the intersection of the centerlines of Interstate 85 and NC 86 rights-of-way Planning Director Margaret Hauth presented the Ordinance for the Board's consideration. Mr. Ted Laws, President of the Orange County Chamber of Commerce, read the Chamber's Mission Statement and announced that he strongly opposed the moratorium. Developer Jerry Dickens and partner Bill Anderson informed the Board that they want to work with the Town to develop an appropriate gateway to Hillsborough and oppose the moratorium. 4 . . . 307. George Horton re-emphasized the importance of the Meadowlands being able to continue their growth and development. Jim Hopper stated to the Board that he is strongly opposed to the moratorium. Matthew Martin stated that he and his wife support the moratorium and don't feel that six months is an unreasonable period of time to ask developers to hold off. Barry Jacobs stated that he supports the moratorium. Planning Director Hauth informed the Board that they have the following options: · Adopt the Ordinance as written; · Adopt a modified Ordinance to limit the time more or limit the area more; · Don't adopt the Ordinance; · Initiate a rezoning to either Entranceway Overlay or EDD; · Initiate text amendments to create a conditional use permit process; or · Give staff specific guidance of how to negotiate with proposed site plans Commissioner Sheridan proposed shortening the moratorium from 6 months to 120 days, remove the ability to extend the Moratorium, and exclude some of the existing developments. Commissioner Chavious expressed his concerns with the creation of more traffic through the downtown areas. Commissioner Lowen stated that he would like to see the affected area modified and shorten the length of the moratorium. Commissioner Dancy agreed that she would like to see the affected area modified and the time frame shortened and recommended adopting a modified Ordinance. The Board discussed amending the proposed Ordinance to: change the Title to read - AN ORDINANCE ESTABLISHING A STUDY PERIOD AND STAY ON THE PROCESSING OF SITE SPECIFIC DEVELOPMENT PLAN APPLICATIONS FOR NON-RESIDENTIAL DEVELOPMENTS ON PROPERTIES ALONG NC86; to amend Section 1 to read - From and after the effective date of this Ordinance for a period of 120 days (unless terminated sooner), the Hillsborough Planning Department shall not process applications for site specific development plans for non-residential developments within an area located within Hillsborough's zoning jurisdiction and with direct frontage of NC 86 South of the US 70 Business intersection and North of the City Limit Line near Old NC 10 as shown on the map attached and incorporated herein, unless such applications have been accepted as complete and the fees associated with such applications have been accepted as complete and the fees associated with such applications have been paid prior to the effective date of this Ordinance; and amend Section 4 to read - This Ordinance shall remain in effect for a period of 120 days from the effective date, uilless terminated sooner by the Hillsborough Board of Commissioners. 5 . . . 308 Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to adopt the Ordinance Establishing a Stay on the processing of Site Specific Development Plan Applications for Non-Residential Developments on Properties Along NC86 with the aforementioned amendments to be effective this date by a vote of 5-0. The motion was declared passed. A copy of this Ordinance is hereby made a part of these Minutes as an Attachment. Mayor called for a short recess. Mayor re-convened the meeting. C. Update of Clean Water Management Trust Fund Grant for River Buffers Mr. Alan Archibald handed out the Eno Rive Web Site address and asked that it be noted in the Minutes as www.enoriver.homestead.com.Mr. Archibald stated that the Eno River Walk created several concerns for him dealing with safety of the property owners and property vandalism. He and owners of neighboring properties are also concerned with the effect the River Walk could have on their property values. D. Consideration of request from the Parks & Recreation Board to amend the 1997 Transportation Plan to include the proposed River Walk in the pedestrian and bikeway portion of the Plan Town Manager Peterson explained that the Town currently has no funding for this project, although the financial plan calls for $20,000 in FY2002. Wendy Olson, Chair of the Hillsborough Park & Recreation Board has found out that there are state funds available through the N.C. Department of Transportation, through TEA-21, for trail development and for purchase of land for mitigation. However, funding for trail projects are available only is they are present in the community's Transportation Plan. Planning Director Hauth stated that she would find out what process the Town needs to go through to amend the Transportation Plan. By consensus, the Board authorized staff to proceed with amending the Transportation Plan to include the Eno River Corridor in the pedestrian and bikeway portion of the plan. . E. Discuss and consider approval of the Water and Sewer Management, Planning and Boundary Agreement Orange County Commissioners Moses Carey and Barry Jacobs addressed the Board and encouraged them to approve the Water and Sewer Management, Planning and Boundary Agreement. After much discussion, the Board directed the Town Manager to incorporate several changes to the draft and bring it back to the Board for consideration at the July Board meeting. 6 . . . 309 F. Discuss and Consider Adopting the Intergovernmental Parks Work Group Resolution, making an appointment to this group, and authorizing the Town Manager to work with his counterparts in the County to develop a report for the October 30, 2000 Assembly of Governments meeting regarding the coordination and synchronization of capital funding for future parks Commissioner Chavious volunteered to serve on the Intergovernmental Parks Work Group. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to adopt the Resolution Regarding the Establishment of an Intergovernmental Parks Work Group as presented; to accept Commissioner Chavious' offer to volunteer to serve on this Work Group; and to authorize the Town Manager to work with his counterparts in the County to develop a report for the October 30, 2000 Assembly of Governments meeting regarding the coordination and synchronization of capital funding for future projects by a vote of 5-0. A copy of the Resolution is hereby made a part of these Minutes as an Attachment. G. Discuss Bids for Cemetery Administration services Town Manager Peterson reviewed the Cemetery Administration Bids with the Board and reported the staffs recommendation to deny the bids received and re-bid the service at a later date. . . . H. Consider Adopting a Resolution Limiting Weekend and Holiday Service at the Town Cemetery Manager Peterson presented the Resolution for the Board's consideration. Upon a motion by Commissioner Lowen, seconded by Commission~r Chavious, the Board moved, to adopt the Resolution Limiting Weekend and Holiday Service at the Town Cemetery as presented by a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby made a part of these Minutes as an Attachment. I. Consider Approval of Request to Transfer Control and Ownership between AOL, Inc. and Time Warner Cable, Inc. and Media One (AT&T) Manager Peterson informed the Board he received an extension request from Brad Phillips with Time Warner Cable, Inc. for a decision on July 10th. Mr. Dave Permar, TJCOG, recommended the Board make a decision on this issue this . evenmg. Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to Approval of Request to Transfer Control and Ownership between AOL, Inc. and Time Warner Cable, Inc. and Media One (AT&T) by a vote of 5-0. The motion was declared passed. . 7 3J.0 . J. Consider Adopting a Resolution Providing Town Board Members and the Mayor with Term Life Insurance Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adopt the Resolution Providing Town Board Members and the Mayor with Term Life Insurance by a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby made a part of these Minutes as an Attachment. K. Consider Adopting the Accident Reporting Policy and Incentive Program Manager Peterson reviewed the Program with the Town Board. Upon a motion by Commissioner Lloyd, seconded by Commissioner Lowen, the Board moved to adopt the Accident Reporting Policy and Incentive Program as presented by a vote of 5-0. The motion was declared passed. A copy of the Accident Reporting Policy and Incentive Program is hereby made a part of these Minutes as an Attachment. L. Discuss and Consider Recommendation for the Town's Banking Services Town Manager Peterson requested to table this Item until the July meeting. . M. Discuss operations at the Wastewater Treatment Plant Mayor Johnson led a discussion regarding the operations at the Wastewater Treatment Plant. Town Engineer Keel updated the Board on the sludge situation. . Commissioner Lloyd requested that the Mayor include some background information for clarification on Agenda items. Commissioner Chavious asked that in the future, the Mayor come to the Board and discuss his concerns before going to the press. Commissioner Lowen discussed his desire for the Board to have additional Work Sessions. By consensus, the Board agreed to hold a Work Session 0 the 4th Monday each month in the Town Barn at 7:30 PM. N. Geoff Gledhill will address the Board to discuss the Governor's Grove subdivision lawsuit regarding condemnation of land for the Reservoir This Item was Tabled until a later date. O. Mr. John Williams will address the Board to discuss the Governor's Grove subdivision lawsuit regarding condemnation of land for the Reservoir . Mr. Williams was not present for the meeting so this Item was tabled. 8 . . . 311 11. CLOSED SESSION A. Closed Session to discuss Pending Reservoir Litigation and Real Estate Acquisition Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to go into Closed Session to discuss Pending Reservoir Litigation and Real Estate Acquisition by a vote of 5-0. The motion was declared passed. 12. ADJOURN Upon a moti<;ni by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to djoum J;)2:3~ AMjY a vote of 5-0. The motion was declared passed. especfully su~ Donna F. Armbrister, CMC Town Clerk 9 . . . 312 AN ORDIANANCE ESTABLISHING A STUDY PERIOD AND STAY ON THE PROCESSING OF SITE SPECIFIC DEVELOPMENT PLAN APPLICATIONS FOR NON-RESIDENTIAL DEVELOPMENTS ON PROPERTIES ALONG NC86 WHEREAS, in 1995 the Hillsborough Board of Commissioners added Section 2.13 to the Hillsborough Zoning Ordinance to provide location and regulations for a wide range of uses; and WHEREAS, the Hillsborough Board of Commissioners and the Orange County Board of Commissioners are currently studying possible modifications of their respective Zoning Ordinances with respect to the regulations affecting the use of land in the vicinity of the Intersection of Interstate 85 and NC Highway 86; and WHEREAS, the Hillsborough Board of Commissioners recognizes that, whenever major revisions to the Zoning Ordinance are contemplated, uncertainty may be created as to the effect of ordinance amendments on development applications that are pending if and when such amendments are adopted; and WHEREAS, the Board desires to avoid such uncertainty, to avoid the potential of public and private resources being wasted if ordinance amendments render obsolete development applications that do not comply with such ordimmce amendments, and to preserve the status quo in terms of the development of major tracts within the area, pending the drafting of ordinance amendments that are necessary to implement the possible changes in uses or conditions in the area, NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. From and after the effective date of this ordinance for a period of 120 days (unless terminated sooner as provided in Section 4 hereof), the Hillsborough Planning Department shall not process applications for site specific development plans for non-residential developments within an area located within Hillsborough' s zoning jurisdiction and with frontage on NC86 south ofUS70 Business to the city limit line near Old NClO, as shown on the map attached and incorporated herein, unless such applications have been accepted as complete and the fees associated with such applications have been paid prior to the effectiVe date of this ordinance. Section 2. For purposes of Section 1 of this ordinance, a development application shall be accepted if the applicant has submitted substantially all of the information required under section 4,9 or 5.26 of the Zoning Ordinance as determined by the Zoning Officer. Section 3. F or purposes of Section 1 of this ordinance, the required fees are those established for the applicable permit application by the Miscellaneous Fees and Charges Schedule. Such fees shall be paid by the applicant and accepted by the Town only after the application has been accepted in accordance with Section 2 of this ordinance, . . . 313 Section 4. This ordinance shall remain in effect for a period of 120 days from the effective date, unless terminated sooner by the Hillsborough Hoard Commissioners. Section 5. repealed. All provisions of any town ordinance in conflict with this ordinance are Section 6. 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 the 12th day of June, 2000. Ayes: 5 Noes: 0 Absent of Excused: 0 . . ,. ATTACHMENT 9.A 314 NORTH CAROLINA ORANGECOlfNTY LEASE AGREEMENT THIS LEASE AGREEMENT. made and entered into as of the ~day of June. 2000. tly and between the Town of HilIsborough. a municipal corporation (hereinafter called "Lessor',. and Orange COWlty Historical Museum, Inc., a North Carolina nonprofit corporation (hereinafter called "Lessee"). . WIT N E SSE T H: In consideration of the rents hereinafter agreed to be paid and in consideration of the mutual covenants and agreements hereinafter recited, Lessor does hereby lease and demise unto LC5.'ice and Lessee does hereby lease and take as tenant of Lessor the property more particularly dcscnhed in paragraph Xl hereof (the "Premises"), Lessor and Lessee agree that the Premises shall tx: known as "The Orange County Historical Museum/' fonnerly known as 'The Confederate Memorial." The terms and conditions of this lease are as follows: TERM: This lease shall commence as of the first day of L / V I . 2000. and I. unless terminated as herein provided. shaU exist and continue for a period of ten years until and mdudmg the 30'1 day of ~Il!. . 2010. This lease supercedes any prior I~ or a~rcement between the parties with respect to the Premises, II. RENT: The rental for said Premises shall be paid in annual installments as follows: The sum of ONE DOLLAR ($1.00) upon execution of this Lease Agreement by Lessee. and a like sum on the 111 day of each and every successive lease year thereafter for the duration of this lease. . . . 3.15 III. REPAIR: Lessee accepts the Premi~ in its present condition. Lessor agrees to ~ n:sponsiblc for maintaining the Premises during the term of this lease. Pro.vided. the duty to maintain the Premises shall not include any obligation 10 make capital improvements at the Premises, and the Lessor shall have sole di~retion in determinlng the level of maintenance necessary for the upkeep of the Premises. To the extent possible, Lessor will effect maintenance hy use of its own employees, crews, tools and other resources. Before Lessee repairs or causes any repairs to be made to the Premises for which Lessee intend to seek reimbursement from Lessor. the Lessor will require the Lessee to obtain a purchase order therefor from Lessor, At such time as Lessee surrenders the Premises to Lessor, the Premises will be in as good condition as it is in now, ordinary wear and tear excepted. IV. tmtmES: Lessee shall be responsible for the prompt payment of all utility bills related to the Premises. and shall save Lessor hannless from any and all liability arising therefrom. Lessee shall provide the Premises with reasonable janitorial and general cleaning servIces v. ASSIGNMENT OR SUBLETTING: During the term of this lease, Lessee may nol assign nor sublease its interest hereunder or any portion thereof without the prior wtinen consent of Lessor, except the occupation of ccrtain tenant space in the basement of the Premises by Hi IIsoorough Historical Society is expressly authorized pursuant to the terms of the Letter of Agreement between the Orange County Historical Museum and the Hillsborough Historical Sodety. a copy of which is annexed hereto. VI. USE: The Premises are to be used and occupied by Lessee as and for a Historical Museum and other charitable purposes. 2 . . . -' ...... ''"'1 - .L - ~ ",J . ~...... .& 4:.. . "-' - 316 VIL fNSURANCE: Throughout the tenn of this lease, Lessor shall carry tire and e:-.tendcd coverage insurance, and other insurance if Lessor so desires, insuring its interest In the building and in the Premises, such insurance to be written by insurance companies in an amount satisfactory to Lessor. Throughout the term of this lease, Lessee shall carry fire and extended coverage insurance insuring its interest, if any. in improvements to or in the Premises and its intcr~st in its office furniture, equipment, supplies and other property. . VIII. LESSOR'S RlGHTS AND REMEDIES: If Lessee shall fail or neglect to make any payment of rent when due, or shall violate any provision of this lease, including without limitation, the failure to use the Premises as and for a Historical Museum Or other charitahle purpose. Lessor may terminate this lease and require Lessee to vacate the Premises, or Lessor may enter the Premises and expel Lessee therefrom. or Lessor may in lieu of the above or in conjunction therewith pursue any other lawful right or remedy incident to the relationship created by this lease, and Lessee shall not be entitled to any refund of any portion of rentals pre....lously paid or amounts expended on the Premises. Lessee further agr~es to pay in full any and all reasonable: attorneys' fees incurred by Lessor in the enforcement of Lessor's rights under this lease, Lessor shall have all of the remedies set forth herein or otherwise available at law if for any reason the Orange County Historical Museum, Inc. ceases to exist as an entity. IX. BINDING EFFECT: This lease shall insure to the benefit ofand be binding upon the parties hercto, their heirs, executors, administrators and assigns (except as provided in Paragraph V). 3 . . . 317 x. MISCELLANEOUS: Whenever used herein. the singular number shall include the plural, the singular, and the use of any gender shall be applicable to all genders as the context may indicate, XI. DESCRIPTION: The Premises hereby demised and leased is described as follows: The Orange County Historical Museum, fonnerly known as the Confederate Memorial Building, situated at the Northwest tomer of the intersection of North Churton Street and West Tryon Street in the Town of HiIlsborough, North Carolina. IN TESTIMONY WHEREOF. the ORANGE COUNTY HISTORICAL MUSEUM, INC. has c~used this lease to be executed in its corporate name by its President, attested to by its Board of Directors duly given; and the TOWN OF HILLSBOROUGH, a municipal corporation. has caused this lease to be executed in its name by the Mayor. Horace H. Johnson, attested to by its Town Clerk. Donna F. Armbrister, and its seal hereunto affixed. aU by the authority of the Town Council duly given at its meeting onJ('(II~ 12 ,2000. ORANGE COUNTY HISTORICAL MUSEUM, I?\( . TOWN OF HILLSBOROUGH BY: President ~)\~A.-__ ayor BY; ATTEST: AITEST: T~:!U~ BY. Secretary BY: This instrument has been preaudited in the manner required by/the Local Government Budget and Fiscal Control Act.: 4 Finance Director . . . NORTH CAROLrNA ORANGE COUNTY l. , the undersigned Notary Public, certify that on the ._ day of , 2000, before me personally came to me personally known, who being by me duty sworn, did depose and say (hat he/she is Secretary of ORANGE COUNTY HISTORICAL MUSEUM, INC., the corporation described in the foregoing lease; that hy authority duly given and as the act of said corporation, the foregoing lease was signed in its name by its President. sealed with its corporate seal and attested by said Secretary. Witness my hand and official seal, this the _ day of ,2000, (OfficIal Seal) Notary Public My commission expires: 5 ~<- ',' ~ ':\ '-- ~rr 8 . . . ATTACHMENT 9. C 319 RESOLUTION ACCEPTING THE DEDICATION OF NEW STREET RIGHTS-OF- WAY FOR OWNERSHIP AND MAINTENANCE WHEREAS, the following streets have been offered to the Town of Hills borough for public ownership and maintenance; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH, the Town does hereby formally accept the dedication of the following street rights-of-way: Street Name Beckett's Ridge Drive Woodbury Drive Chandler Court Savannah Court Ingram Court Kennesaw Court Executive Court Leah Drive Leneth (convert feet to hundredths of a mile) 0.42 0.40 0.04 0.03 0.03 0.09 0.08 0.08 The foregoing Resolution having been submitted to a vote, received the following vote and was duly adopted this d fA day of .:7U"ve . Ayes: ..s- Noes: -e- - Absent or Excused: ~ Attest: ~~ Donna F. Armbrister, Town Clerk ~-~~- Horace H.Johnso Sr., Mayor Town of Hills borough Town of ~l!J,~ ATTACHMENT 9. D 320 RESOLUTION Authorizing the Sale of a Lot to Habitat for Humanity By the Town of Hillsborough Board of Commissioners WHEREAS, the Town of Hillsborough supports the effort to promote and provide affordable housing in the community; and WHEREAS, Habitat for Humanity has a proven record of making home ownership a reality for individuals who may otherwise not be able to own a home, thus improving the quality of life for all citizens in the affected communities; and . WHEREAS, the Town owns a residential lot at the southwest corner of the intersection of Harper Street and Riddle Avenue (tax map number 4.7.C.lB) that is currently vacant. NOW, THEREFORE LET IT BE RESOLVED, By the Town of Hillsborough Board of Commissioners that in accordance with North Carolina General Statute 160A-267 the Town is authorizing the sale of the aforementioned lot via "private sale" to Habitat for Humanity for the sum of one (I) dollar. 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A Resolution Regarding the Establishment of an Intergovernmental Parks Work Group (IP Work Group) WHEREAS, the Joint Master Recreation and Parks Work Group effort brought together representatives of the Towns, County, school boards, OWASA, Duke and the University of North Carolina to develop a report on the future of parks planning in the County; and WHEREAS, the Joint Master Recreation and Parks Work Group completed its task on schedule and fostered a spirit of communication and collaboration that the Board of Commissioners desires to maintain; and WHEREAS, the future of parks planning and development in the County will be facilitated by information exchange and coordination among the aforementioned parties; and WHEREAS, a group created in the the spirit and nature of the Joint Master Recreation and Parks Work Group could foster these goals: . NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners proposes that an Intergovernmental Parks Work Group be created to address important issues arising from the Joint Master Recreation and Parks Work Group report. This Intergovernmental Parks Work Group would serve in lieu of the proposed Parks Council, with the following charge: . To build on the momentum of the Joint Master Recreation and Parks Work Group process by accomplishing the following: 1. To gather, exchange and share information on parks planning and development in the municipalities and County. 2. To maintain and update the Inventory of Parks and Recreation Facilities developed as part of the Joint Master Recreation and Parks report, including new properties acquired or dedicated 3. To foster communication between the munidpalities and County on future opportunities and collaborative ventures 4. To proVide a coordinating mechanism for updates to parks and recreation plans in each jurisdiction 5. To review and inform the municipalities and County concerning parks needs and potential opportunities 6. To develOp parameters for parks standards (leaving flexibility for the actual standards to vary from jurisdiction to jurisdiction WIthin these parameters) 7. To develop and coordinate public education and public outreach on parks issues (coordinated brochures, etc) 5 '- 3}7 . BE IT FURTHER RESOLVED that the administrative, tenure and membership components of the Work Group be addressed as provided in Attachment A, "Proposed Intergovernmental Parks Work Group," and that this resolution be forwarded to the Carrboro Board of Aldermen, Chapel Hill Town Council, Hillsborough Board of Commissioners and Mebane City Council, for their consideration. This, the 3rd day of May, 2000. Moses Carey, Jr., Chair Orange County Commissioners ATTEST: Beverly Blythe, Clerk to the Board of Commissioners Mayor, Town of Carrboro ATTEST: . Carrboro Town Clerk Mayor, Town of Chapel.HiII ATTEST: Chapel Hill Town Clerk ~ ~fi<~ .~ Mayor, Town of H-i~9h ~~ !iillSborough Town Clerk ATTEST: Mayor, City of Mebane ATTEST: . Mebane City Clerk ATTACHMENT 10. H -) I I- 32'8 . RESOLUTION TOWN OF HILLSBOROUGH SERVICES PROVIDED FOR CEMETERY ADMINISTRATION WHEREAS, the Town of Hillsborough provides service to Funeral Homes, Crematories, Monument Companies, and citizens for the purchase of burial plots, the marking of burial plots for the digging of graves, the marking of graves for the placement of markers, and genealogical research; and WHEREAS, due to staffing limitations, the Town will no longer provide these or any other Cemetery Administration services on Saturdays, Sundays, or any Holidays falling on a Tuesday, Wednesday, or Thursday; and WHEREAS, The Town appreciates the full cooperation and understanding of those persons which this Resolution may affect; . NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of Commissioners that the Town does hereby authorize the Town Staff to eliminate Cemetery Administration services on Saturdays, Sundays, or any Holidays falling on a Tuesday, Wednesday, or Thursday effective upon adoption ofthis Resolution. \1111111'"" ,\\ H '" ,,\,\ Of ILLSS """- /~'1AL ~ ~ ~a o~ :: I-- Town c::. ':'. .:: or G> = ~ Hill,~ gh:I: ~ :..A ~ ...-~o ~ ~.. ~~ ~ 't- "," ....", It CARO\> \\\\' '1, ,\ ""'"11"" ~~~.- ~A, Horace H. Johns , Sr., Mayor Town of Hills borough Adopted this the 12th day of June, 2000. . FAX 919 460 6868 .Action Audits Draft~ [WITH OPEN ACCESS PROVISlON) . RESOLUTION NO. OC).. 771& 1;7uJ,4I p,c. . A RESOLurION GRANTING THE CONSENT OF /h)/6boR (Jpjl, TO TBi TRANSFEll OF CONTROL OF It. CABLE TELEVISION FRANCHISE FIlOM TIME WARNIR. INe.. TO AOL TIME WARNER, INC., AND A TRANSFER ot CONTROL FROM MEDIA ONE GROUP, INe., TO A TAT CORPORA nON WHEREAS. .Time Warn<<. Entortainmeat-AdvanoelNcwhouM Partncnhi~ ("WAN") holds a valid, uon-excknive franchise to operate a cable television system iD ifil/.lbRgou.ffA ...._._. North Carolina (the "Franchising Authority"); and WlJEREAS. TWEAN is a subaidiary of Time Warner. lnc, ("TWI-); and WHEREAS, Media One Group. Inc.. ("Media Onelt) holds a 25,51% interest ill Time W8I1lCT Entertainment Company, L.P.. ("TWE") which In turn OWll8 a 66.66% intemt in !WEAN; and WJIEREAS. . wbolly..oWMd subsidiary of AT&T Corporation (" AT&T') ii &equirina all of the: abarcs of Media One pursuant to an Agreemem and Plan of Merga- dated May 6. 1999. ("Transaction No, I ") eo that foUowing closing of the transaction,. AT&T will control an approximate 17% interest in "{WeAN; and . WHEREAS, 1WI and America Online. Inc.. ("AOL") have entered into 8J1 Agreement and Plan of Merger dlted 1anuary 10.2000 ("Transaction No. Zit); and WHEREAS, the merger IifeCmcnt will result in a stock to 8tOC:k merger eTransacti01l No. 2") in which 1WI and AOL will merge with subsidiaries ot a n~ly formed holding company; and Wa:EREAS. as a result of Transaction No. 1, both TWl and AOL will become wholly owned subsidiaries of the new company, AOL-Time Warner, Inc. ("AOL-TW"); II1d WHEREAS. the ft'anchitee. TWEAN, and 'IWI, AOI,TW. Media One. and AT&T. have requested the coNeftt of the Franchisin8 Authority. Ifh determines conaedt is neceswy, to the aforementioned change of control and TranSKtion Nos. 1 and 2; and WHEREAS. on or about FoQruiry 10, 2000. TWl, as transferor. and AOL-TW, as tranSferee. filed an FCC Form 394 seeking the consent of ~ Franchising A11thority to Transaction No.2; aod WIlEREAS. on or Ibout February 18, ZOOO. Media One, transferor. and AT&T, tranSferee. filed a Form 394 with the Franchising ;\utbority seeking coment to Transaction No, 1; ami . POi " '3:?,e -: ,,,,.'0 I ".; 1 F.U 919 460 6868 Action AUdits . WHEREAS, the Franchising Authority has c;ond\JCtcd a thorough review of the legal, technical and ~al qualifications of the appllcant8 and the tranJf'erecs to own and operate t~ cable ')'stem; and WHEREAS, the Franchising Authority hu received and reviewed the report of its cable tclcvition COO$Ultant concerning the legal. technical and financial qualifications of the transferees and provided an opportunity for public comments; and WHEREAS, AT &1 and TWI are the twO largest cable television o~ ators in the United States and AOL is the largest and most dominant provider of internet llCfVices~ and . WHEREAS, the Franchising Authority is concerned that cable television operatora through the use of their broadband platforms offer a technica.lly lIUpcrior method of providing internet services to customers and therefore, there is a substantial risk that Tl"IUl5IC:tion Nos, 1 and 2 will have an anti-oompetitive impact OD the provision of internet services and cable prosrazmning to the public; and 'WIIEREAS, foUowins further' review and an iDvestiption, the Fnnehiains Authority bu cxmcluded that the transferees have establisbecllhat they meet the technical. legal and financial criteria to operate the cable sy5tem and have satisfied all criteria Mt forth in and/or under all applicable or required local government and federal documents, laws, roles and regUlations. including FCC Form 394 and contingent upon applicanU meding all oftbc requirementS set forth below; NOW, THERJ'ORE. BE IT RESOLVED that in consideration of the fore8oina and the promiscs Bet forth herein. the Ft'lnChiling Authority and the traJ1Ift:rcea 8IPW t() the following: 1. The Franchising Authority cooaentl to Truaaaion Nos. 1 and 2, effective immediately upon the c101ing of the tranSaCtions contemplated by the agreementa, pro\idcd that said closings take pla<:e prior to July I, 200 I. 2, The Franchising Authority confirms that: (a) the &.nchise held by the tnnchieee ~ valid and in full force and . effect (b) the franchisee :will be in material compliance with the. franchise If the other conditions set forth in this Resolution are met. 3. TWBAN: (a) agrees to be bound by the franchise and perform all duties alid obligationathereunder; 2 . P02 r :--., ", 330 FAX 919 4eo 6868 Action Aud1t6 . (b) rcpresenu and warrants that it is able to provide and agrees to provide all services required under said &anchlac~ (c) acknowloditll1nd agrees that TWEAN is subject to the regulatory authority of the grantor as provided by ltate and fcderallaw; (d) asree' to cooperate fully with the Franchising Authority and to obtain from any governmental as~ having jurisdiction, oU licemea. pamita and other authority necessary for lawful operation and mainte~ of tile <:able system. 4. The past performance of TWEAN under the control of TWI punu.ant to the franchise is not waived by the Franchising Authority consenting to this tranSfer and adOpting this RetOlution. TWEAN (under the control of its new parent. AOL- TW) agrees to be responsible for and bound by the breaches and non-perfo~ 'if any. of TWEAN (under the control of TWI) prior to this tranSfer, The Franchising Authority may. after c:onsummatioD of tho Transaction Nos. 1 and 2, consider io any ongoin4 renewal ~ing. the ~ perfotmance ofTWEAN (under the control ofTW1) to the extent pmnittcd under 47 U,S,C. iS46. as if it were the past performance of lWEAN (under the control of AOL- TW). . S. 1WEAN and the franchise shall be tubject to the Franchisins Authority's mon recently adopted cable stand.rns ordinance. 6. TWEAN and AOL-TW asreos that the nm.1uation of the <:able system Useti, if any. resiliing from Tranpction Nos. 1 and 2 shall not be the basis fur any future rate increases for any regulated cablll service. inc::luding, but not limited to, basic cable service. equipment renWs and installation costS, 7, This Re$Olution shall become effective on the date of its pa.8ll&8e but shall be automatically rescindod and the transfer of oontrol denied (1) if not accepted in writins by TWEAN. within thirty (30) days of pusage; or (2) if any of the conditions of this consent resolution are detcnnined to be invalid in a final judgment by a court Of competent jurisdiction, 8, Within thirty day. following the adoption of this Resolution, fi-anchiscc shall pay the sum of $10,000 to the Franchising Authority to reimburse thC Francb1l1ing Authority for ita expeDJeS in connection with this tranSfer, 9. TWEAN and AOL-Tw sball provide nondiscriminatory ~ to the &anchisee'a cable modem (digital) platform for providers of internet. online services, BQJ. other video and disital services, whether or not such providers are affiliatod wi1h TWEAN or AOlr TW. 3 . P03 33+2 . F.U 919 460 61$68 Actlon Audlt6 PASSED, ADOrnO AND APPROVED this ,./,?M day of .JU;t!~ ,2000. ATTEST: LOCAL GOVERNMENT By~~~-A ntle: ~/P.e '_ Byk-</ ~L<7~ Clerk WE CONSENT TO AND ACCEPT THE TERMS AND CONDmONS OF THlS 'RESOLU'IlON.' , ' . DATE OF ACCEPTANCE: TIME WARNER ENTERTAINMENT ADV ANCE NEWHOUSE PARTNERSHIP By: . 4 P04 3~3'2 . . . TOWN OF HILLSBOROUGH ACCIDENT REPORTING POLICY AND INCENTIVE PROGRAM Adopted 06-12-2000 ; , 33-3 GENERAL STATEMENT The Town of Hillsborough is dedicated to providing its employees with the equipment, materials, supervision, and training to accomplish assigned tasks in an efficient, safe and competent manner. With adequate equipment ang instruction, it is the responsibility of the employee to follow adopted safety procedures, use sound judgment and report all accidents when performing tasks or operating Town vehicles/equipment. Recognizing that its employees are a valuable resource and that good safety practices protect the employee and reduce costs to the Town, the Town also wishes to recognize employees that continually perform their assigned tasks and operate equipment in a safe manner. Therefore, the Town hereby establishes and adopts this Accident Reporting Policy and Safety Incentive Program that shall apply to all Regular employees (temporary employees are not included in the incentive program). EFFECTIVE DATE This policy shall be effective upon adoption by the Board of Commissioners. For the first awards cycle, the period included shall be from July 1, 1999 through July 1,2000. Thereafter, the awards cycle shall continue from July 1st through July 1st. This program shall be reviewed annually by the Town's Safety Officer and Safety Committee who shall recommend any changes or modifications deemed necessary to promote safety among employees during completion of their assigned tasks. SECTION I ACCIDENT REPORTING POLICY 1. It is the responsibility of all Town employees to report to their direct supervisor or department head immediately of any damages to property, equipment, or personal injury. For incidents that occur on evenings, weekends, or holidays, the employee must report the incident immediately upon reporting on the next regularly scheduled workday. It is the responsibility of the direct supervisor to notify the Town Clerk of any damages to property, equipment, or personal injury as soon as they become aware. Willfully and knowingly failing to report damage to property, equipment, or person may result in the Safety Committee making disciplinary action recommendations to the Town Manager. Such actions will also result in documentation in the employee's permanent personnel file and may result in a denial of Workers' Compensation Benefits for the unreported injury. 2. All incidents involving property damage of $200 or more and all personal injuries requiring medical attention or time away from work shall be reviewed by the Town's 1 . . . -: '-334 Safety Committee to make a determination as to whether the accident was avoidable (i.e. due to negligence) or unavoidable (i.e. no fault of the employee). 3. Any avoidable accident resulting in over $200 damage (each occurrence) to vehicles, equipment, property, or resulting in personal injury involving medical attention, or time away from work will result in ineligibility to receive the Safety Incentive Award for that fiscal year. [For the purposes of this policy, medical attention shall include service rendered by a physician, health maintenance organization, hospital, or emergency care facility. Should such care not be rendered immediately, the Town reserves the right to conduct a review at any subsequent time when medical attention is required due to the initial injury.] If a question arises regarding eligibility, the decision shall be made by the Safety Committee. 4. Failure to report an accident in a timely fashion to their direct supervisor and the Town Clerk will result in a hearing before the Safety Committee to determine that employee's eligibility to receive the Safety Incentive Award for that fiscal year and whether to recommend disciplinary action to the Manager. 5. The Safety Committee will determine whether accidents were avoidable or unavoidable and make recommendations to the Town Manager regarding whether disciplinary action mayor may not be appropriate. SECTION II SAFETY COMMITTEE PROCESS AND PROCEDURES All accidents resulting in damage to vehicles, equipment, or property, or resulting in personal injury involving medical attention, or time away from work will be reviewed by the Safety Committee. The town's Safety Officer will serve as the Chair of the Safety Committee and the Town Clerk as the Secretary. · Recognizing that minor accidents will happen, a $200 limit is placed on accidents for purposes of counting toward eligibility for Safety Incentive Award. (This limit does not apply to accidents only involving personal injury) · The Town's Safety Committee shall make determination on whether an accident is avoidable or unavoidable. The Safety Committee will also make recommendations on how to prevent the avoidable accidents from occurring in the future. · All employees involved in accidents resulting in damages of a minimum of $200 or involving personal injury are required to meet with the Safety Committee. The Safety Committee will inform the employee of all the information they have regarding the incident and the employee will be given an opportunity to explain the accident and/or answer any questions from the Committee, explain how they will prevent this type of accident from occurring in the future, and any lessons they may have learned through the process. 2 -335 . The Safety Committee will make recommendations to the Town Manager regarding potential disciplinary actions relating to avoidable accidents. . . Employees are reminded of the grievance and appeal process that is afforded all employees through the Town's adopted Personnel Ordinance. This process allows all Regular employees to appeal any personnel decision, which they feel is unfair. This option is available to all employees throughout the reporting process. SECTION III INCENTIVE PROGRAM The purpose of the Safety Incentive Program shall be to compliment the Accident Reporting Policy and provide positive incentive and reinforcement to employees who use extra care in completing their work tasks. By exercising this care, these employees reduce costs to the Town in terms of insurance expenses, lost work time, maintenance, repair, and replacement of equipment. HIGH RISK AND LOW RISK . It is recognized that some positions are more susceptible to accidents and injury than others simply because of the nature of the job responsibilities. Therefore, this policy shall be applied to all positions based on their classification as either High Risk or Low Risk. . AWARD Each Town employee completing one Safety Incentive Award period without an avoidable accident shall be eligible to receive the following: LOW RISK: $20 and a Certificate of Achievement HIGH RISK: $50 and a Certificate of Achievement The 12-month period shall begin on July 15t of each year. The cash award will be made between the first and second payrolls in July for the previous 12-month period. . For each consecutive year that an employee serves without an avoidable accident resulting in over $200 damage (each occurrence) to vehicles, equipment, or property, or resulting in personal injury involving medical attention, or time away from work, their individual Safety Incentive Award will increase: Low Risk positions by $5; and High Risk positions by $10. For example, if an employee in a Low Risk position goes 3 consecutive years without such an avoidable accident occurring as described above, they would receive the original $20, plus $5 for year 2, plus $5 for year 3 for a total of$30 for that fiscal year's Safety Incentive Award. HOWEVER, if on year 4 the same employee were to have an avoidable accident as described above, not only would they lose their eligibility to receive any Safety Incentive Award for that fiscal year, on year 5 they would begin again at the base $20 Award level and begin building all over again. 3 , .:3' ~ 6 REPORTING . The Town ClerklPersonnel Officer will be responsible for submitting eligible employees to the Safety Officer. The Safety Officer will in turn forward that information to the Town Manager and Finance Department for approval and distribution of the cash awards. Certificates of Achievement will be given to the Department Heads for distribution and a copy of the award will be placed in the employee's personnel file. ~. . EMPLOYEE CLASSIFICATIONS POSITION CLASSIFICATION LOW RISK/HIGH RISK Accounting Technician Low Risk Accounts Payable Clerk Low Risk Administrative Assistant to the Chief Low Risk Assistant Water & Wastewater Field Supervisor High Risk Billing/Customer Service Representative Low Risk Collections Clerk Low Risk Community Policing Officer High Risk Development Coordinator Low Risk Electrician High Risk Equipment Operator I High Risk Finance Director Low Risk Fleet Maintenance SupervisorlMechanic High Risk Fleet Maintenance Worker (PIT) High Risk Fleet Mechanic High Risk General Maintenance Worker I High Risk General Maintenance Worker II High Risk Investigator High Risk Juvenile Investigator/Community Policing High Risk Laboratory Director High Risk Laboratory Technician High Risk Laborer II High Risk Lead Meter Reader High Risk Meter Reader High Risk Ordinance Enforcement Officer/Fire Inspector Low Risk Planning Director Low Risk Plant Maintenance Mechanic High Risk Police Captain High Risk Police Chief High Risk Police Corporal High Risk Police Corporal (Canine Handler) High Risk Police Lieutenant/Community Policing High Risk Police Lieutenant/Investigations High Risk Police Lieutenant/Training High Risk 4 . . . , 337 Police Officer High Risk Police Secretary Low Risk Police Sergeant High Risk Police Sergeant/Community Policing High Risk Public Works Director High Risk Receptionist Low Risk Sanitation Equipment Operator I High Risk Sanitation Equipment Operator II High Risk Sanitation Supervisor High Risk Sanitation Worker High Risk Street Supervisor High Risk Town Clerk/Personnel Officer Low Risk Town Engineer/Public Utilities Director Low Risk Treatment Plant Operator I High Risk Treatment Plant Operator II High Risk Treatment Plant Operator III High Risk Utility Mechanic High Risk Water & Waste Water Maintenance Worker I High Risk Water &Wastewater Field Supervisor High Risk Water & Wastewater Maintenance Worker II High Risk Water Plant Superintendent/Safety Officer High Risk 5