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Home My Public Portal About02-12-2001 Regular Session f" .., t,. .r}J .( . MINUTES HILLSBOROUGH TOWN BOARD Monday, February 12,2001 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on February 12, 2001 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sf., Commissioners Kenneth Chavious, Frances Dancy, Evelyn Lloyd, Mark Sheridan, and Brian Lowen. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister, Finance Director Sherry Carter, Planning Director Margaret Hauth, Town Engineer Keel, Management Intern Jim Klingler, Community Policing Officer Myron Bigelow, and Town Attorney Robert E. Hornik, Jr. Mayor Horace H. Johnson, Sf. called the meting to order at 7:32 PM. INTERVIEW CANDIDATES FOR ADVISORY BOARD VACANCIES The Board interviewed Mr. Todd Goodson to fill a volunteer vacancy on the Historic District Commission. 1. PUBLIC CHARGE . Mayor Horace Johnson read the Public Charge. Mayor Johnson reminded the Board of the March 27th State of the Economy Breakfast. 2. REPORTS A. Derrick Dixon, NCDOT District Engineer, will be present to report on repaving of Downtown Hillsborough Tommy Dyer from NCDOT appeared before the Board in the place of Derrick Dixon. Mr. Dyer informed the Board that Churton Street is on the Department of Transportation's list to be resurfaces this summer from Orange Grove Road to Hwy 70 By-Pass. B. Receive Update on Triangle Transit Authority Bus Service to Hillsborough and Consider Calling a Public Forum Date to Solicit Public Input on Routing Planning Director Margaret Hauth is considering routing options and urged the Board to hold a Public Forum to solicit public input. By consensus, the Board agreed to hold a Public Forum to solicit public input on TT A Bus Service Routing on March 8, 2001 at 7:00 PM. . 3. ADDING ITEMS TO THE PRINTED AGENDA There were no Items added. "i ~. .' '.:/ . 4. AUDIENCE COMMENTS A. Matters on the printed agenda There were no audience comments. B. Matters not on the printed agenda There were no audience comments. 5. APPROVAL OF THE MINUTES OF THE DECEMBER 11, 2000 REGULAR BOARD MEETING AND CLOSED SESSION, THE JANUARY 8, 2001 REGULAR BOARD MEETING AND CLOSED SESSION, AND THE JANUARY 23, 2001 QUARTERLY JOINT PUBLIC HEARING WITH THE PLANNING BOARD Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Minutes of the December 11, 2000 Regular Board Meeting and Closed Session, the January 8, 2001 Regular Board Meeting and Closed Session, and the January 23,2001 Quarter Joint Public Hearing with the Planning Board as presented by a vote of 5-0. The motion was deGlared passed. . 6. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson informed the Board that the Budget Meeting Dates would be added to the February Board Worksession Agenda for their consideration. 7. REPORT FROM THE TOWN ENGINEER A. Water Audit for FYOO Town Engineer Kenny Keel presented a status report of all current water/sewer projects and the Fiscal Year 2000 Water Audit. Engineer Keel requested the Board remove Item 8.F from the Agenda. By consensus, the Board agreed. 8. ITEMS FOR DECISION - CONSENT AGENDA A. Consideration of a Resolution Honoring James Shumaker B. Consideration of a Resolution ofthe Town of Hillsborough to Support Carolinians for Fair Electric Rates, Inc. ("CFFER") in Opposing Surcharges on Electric Rates ofthe Citizens and Businesses of Hills borough . C. Consider approving a Tourism Grant in the Amount of$7,200 to The Town of Hillsborough for Additional Christmas Wreaths 2 ') Ci . ...; D. Consider Change Order Request for Engineering Contract for Wastewater Treatment . Plant Improvements Project E. Consider Amendment No.1 to the Engineering Contract for Water Treatment Plant Upgrade Project F. Consider Acceptance of Dedication ofthe Sewer Facilities from the Pathways Elementary School Project This Item had been removed from the Agenda. G. Consider approving the Job Description For the Position of Billing/Collection Manager at Salary Grade 11 H. Consider approving an Ordinance amending Section 6 of the Town Code to add stop signs to the new phase of Beckett's Ridge 1. Consider approving an Ordinance amending Section 6 ofthe Town Code to establish a speed limit of25 mph on the streets in the new phase of Beckett's Ridge Mayor Horace Johnson requested that Item 8.A be removed for separate action. By consensus, the Board agreed. . Commissioner Dancy made a motion to approve the Consent Agenda as presented, eliminating Item F. Commissioner Lloyd seconded the motion. After some discussion Commissioner Dancy withdrew her motion, and Commissioner Lloyd withdrew her second. By consensus, the Board tabled Item E for consideration at their February Worksession. Upon a motion by Commissioner Lowen, seconded by Commissioner Sheridan, the Board moved to approve Items B, C, D, G, H, and I of the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. A copy of the Resolution for the Town of Hills borough to Support Carolinians for Fair Electric Rates, Inc. in Opposing Surcharges on Electric Rates of the Citizens and Businesses of Hills borough; the Ordinance amending Section 6 of the Town Code to add stop signs to the new phase of Beckett's Ridge; and the Ordinance amending Section 6 of the Town Code to establish a speed limit of25 mph on the streets in the new phase of Beckett's Ridge are hereby made a part of these Minutes as Attachments. Item A. was removed for separate action. Mayor Horace H. Johnson, Sr. presented a Resolution Honoring James Shumaker to his daughter Kristy Shumaker. 9. ITEMS FOR DECISION - REGULAR . A. Chris Dunbar will address the Board to provide an update to the Annexation Request for the property next to the Timbers 3 . . . 3', . t v Chris Dunbar appeared before the Board to answer questions about his proposed development near the Timbers Mobile Home Park. B. Tom Magnuson will address the Town Board regarding repairs to the Town Clock Tom Magnuson was not present at the meeting. C. Habitat for Humanity requests the Town of Hillsborough waive Water/Sewer Capital Facility Fee Charges for all their homes within the Hillsborough Service Area The Board considered a request from Susan Levy, Executive Director of Habitat for Humanity, for the Town to agree to waive the $5,000 Water/Sewer Capital Facility Fee Charges that they will be required to pay. After some discussion and by consensus, the Board denied the request. D. Consider Request from Orange Congregations in Mission (OCIM) to discuss signage for their facility Caleb Moore and Sam Wood appeared before the Board representing Orange Congregations in Missions requesting permission to place a "street name size sign" up directing people to OCIM. Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved to approve the purchase and placement of a facility signage by the Town as presented by a vote of 5-0. The motion was declared passed. E. Consider approving Downtown Streetscape Improvements Work Plan Commissioner Sheridan reviewed the Downtown Streetscape Improvements Work Plan with the Board and explained that the Tourism Board requested an additional $12,000 for the Alliance for Historic Hillsborough to fund a Part-Time Position which will allow the Director for the Alliance to focus more attention toward downtown development activities. Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve the Downtown Streetscape Improvements Work Plan as presented by a vote of 5-0. The motion was declared passed. F. Consider approving bid from Banks Wood Waste Recycling and Land Clearing of Marion, NC to grind, mulch, and windrow all the Waste at the Town Landfill Town Manager Eric Peterson presented the bid from Banks Wood Waste Recycling and Land Clearing of Marion for the Board's consideration. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board approved the bid from Banks Wood Waste Recycling and Land Clearing of Marion in the amount of $24,000 by a vote of 5-0. The motion was declared passed. 4 . . 31 G. COflSider declaring the Freightliner FL-80/Labrie Automated Sidearm Garbage Truck surplus Town Manager Eric Peterson proposed that the Board declare the Freightliner FL-80/Labrie Automated Sidearm Garbage Truck surplus. Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to declare the Freightliner FL-80/Labrie Automated Sidearm Garbage Truck surplus by a vote of 5-0. The motion was declared passed. H. Consider approving bid to Conduct a Feasibility StudyIPreliminary Design for the Proposed Riverwalk Project to Callemyn-Parker, Inc.; W. L. Olsen, RLA; and Charles Burger, ASLA Planning Director Margaret Hauth presented the bid to the Board for their consideration. Upon a motion by Commissioner Lowen, seconded by Commissioner Sheridan, the Board moved to approve the bid to Callemyn-Parker, Inc.; W. L. Olsen, RLA; and Charles Burger, ASLA for an fee not to exceed $25,000 to Conduct a Feasibility StudyIPreliminary Design for the Proposed Riverwalk Project by a vote of 5-0. The motion was declared passed. I. Discuss and consider offer from the Chapel Hill Herald to coordinate a Forum on Development and Water/Sewer Issues in Hillsborough Representatives from the Chapel Hill Herald appeared before the Board to propose holding a public forum on development and water/sewer issues. By consensus, the Board agreed to participate in the Forum and Commissioner Lloyd volunteered to serve on the Forum Committee with the staff of the Chapel Hill Herald. J. Second reading and consideration of renewing the Cable Television Franchise Agreement with TimeWarner A representative from TimeWarner Cable addressed the Board and asked them to consider requiring all cable companies who may come into town to offer service to all citizens. Bob Sepe, the Town's Cable Consultant, recommended the Board approve the Ordinance as presented. Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to approve the Ordinance to renew the Cable Television Franchise Agreement with TimeWarner as presented by a vote of5-0. The motion was declared passed. K. Consider a Draft Sewer Extension Agreement to the Proposed Cedar Ridge High School . Town Engineer Kenny Keel presented the Draft Sewer Extension Agreement for the Board's consideration. 5 . . '. t.,. ~. 'J ? , - Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to approve the Sewer Extension Agreement to the Proposed Cedar Ridge High School as -pmsented by a vote of 5-0. The motion was declared passed. L. Consider a Draft Water and Sewer Extension Agreement to the Proposed Development "The Preserve" Michael Chadwick, Brian Sagar, and Dawn Heric appeared before the Board to request approval of the Draft Water and Sewer Extension Agreement to the Proposed Development "The Preserve". After some discussion, and by consensus, the Board would not approve the Water and Sewer Extension Agreement at this time, but authorized the Manager and Town Attorney to write a letter to the County stating that the Town has water and sewer capacity and will consider serving "The Preserve". M. Consider a Draft Water and Sewer Extension Agreement to the Proposed 31 lot subdivision, "Hart's Mill Subdivision" Kim Callemyn addressed the Board and fielded questions regarding the proposed "Hart's Mill Subdivision" . Town Engineer Keel presented the Draft Water and Sewer Extension Agreement for the Board's consideration. Upon a motion by Commissioner Chavious, seconded by Commissioner Lowen, the Board moved to approve the Water and Sewer Extension Agreement to the Proposed 31 lot subdivision, "Hart's Mill Subdivision" as presented by a vote of 5-0. The motion was declared passed. N. Consideration of an Ordinance to rezone 7.627 acres between Valley Forge Road and Cornerstone Court on NC 86 from Limited Office to High Intensity Commercial (Tax Map 4.40.A.8) Planning Director Hauth presented the Ordinance for the Board's consideration stating that she and the Planning Board recommend denial of this rezoning request. The Planning Board indicated their opinion that approving the rezoning would defeat the purpose of the Entranceway Zone and the owner's desires could be accommodated when his plans were more specific. Upon a motion by Commissioner Sheridan, seconded by Commissioner Lowen, the Board moved to deny approval of the Ordinance to rezone 7.627 acres between Valley Forge Road and Cornerstone Court on NC 86 from Limited Office to High Intensity Commercial (Tax Map 4.40.A.8) by a vote of 5-0. The motion was declared passed. O. Consideration of an Ordinance to amend Sections 2,4.6.2,4.6.3, and 4.9 ofthe Subdivision Regulations to separate requirements for recreation and open space 6 . . . '.,' ') :' ~~ ,-' Planning Director Hauth presented the Ordinance for the Board's consideration stating that both she and the Planning Board recommend approval of the Ordinance. She stated recreation space and open space provide very different benefits and should be separated, each with its own standard, for new developments. These amendments are a step in the right direction. Upon a motion by Commissioner Sheridan, seconded by Commissioner Chavious, the Board moved to approve the Ordinance to amend Sections 2,4.6.2,4.6.3, and 4.9 ofthe Subdivision Regulations to separate requirements for recreation and open space as presented by a vote of 5- O. The motion was declared passed. A copy of the Ordinance is hereby made a part ofthese Minutes as an Attachment. P. Discuss what the "Hot Topic" will be for the Board's February 26th Workshop By consensus, the Board decided the topics for the Workshop would be a discussion on: a Town Flag; larger street signs; the Town's 250th Birthday; Hampton Pointe; schools and land use and Items 8.D and 8.E. By consensus, the Board agreed to reschedule the Workshop to February 27th at 7:30 PM. Q. Update & Discussion on Water Plant and Loan Options Town Manager Peterson and Town Engineer Keel reviewed the loan options for the Board. The Manager recommended that the individual Board Members contact the Legislative Delegation regarding the Grant for the Water Plant Expansion. 10. APPOINTMENTS A. Appoint Darlene H. Wells to serve as a Restaurant Appointee to the Tourism Board for a 2- Year Term to Expire 02/03 B. Recommend to Orange County the Re-Appointment of Joel Brinkley as an Out-of- Town Planning Board Member to serve a 2nd Term to Expire 03/04 C. Appoint Todd Goodson to Fill a Vacancy on the Historic District Commission with a Term to Expire 02\04 Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve appointments 10.A, 10.B, and 10.C as presented by a vote of 5-0. The motion was declared passed. D. Consider Appointing a Representative to Serve on the Orange County Capital Needs Advisory Task Force Commissioner Sheridan volunteered to serve on the Orange County Capital Needs Advisory Task Force. 7 . . . ,.., .~ .,'" L...: 11. CLOSED SESSION A. Closed Session for the Purpose of Discussing a Personnel Issue Upon a motion by Commissioner Lowen, seconded by Commissioner Chavious, the Board moved to go into Closed Session for the purpose of discussing a Personnel Issue by a vote of 5-0. The motion was declared passed. 12. ADJOURN Upon returning to Open Session and upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved to adjourn at approximately 10:45 PM by a vote of 5-0. The motion was declared passed. ~/~ Respectfully submitted, Donna F. Annbrister, CMC Town Clerk 8 . . . ATTACHMENT B.A ?LJ MEMORIAL TRIBUTE ~~ A RESOLUTION IN MEMORY OF JIM SHUMAKER WHEREAS, the people of Hillsborough are saddened by the death of Jim Shumaker, an honored and respected citizen and UNC journalism icon in Chapel Hill for many years; and WHEREAS, he was capable, honest, trustworthy, and faithfully performed his duties; and WHEREAS, he justly earned the respect, admiration and high regard of all with whom he came into contact, and this conununity has sustained a great loss in his death; and WHEREAS, we are fortunate to continue to work with his daughter, Kristy Shumaker, who covers the Town of Hillsborough for the News of Orange, we mourn his loss and extend to his family our sincere sympathy in this hour oftheir bereavement; NOW, THEREFORE, BE IT RESOLVED, that this memorial be made part of the official records of the Town of Hillsborough, and that an official copy of this expression of our sympathy be delivered to his family. GIVEN UNDER MY HAND AND THE SEAL OF THE TOWN OF HILLSBOROUGH ON THIS THE TWELVTH DAY OF FEBRUARY IN THE YEAR TWO THOUSAND AND ONE. Horace H. Johnson, Mayor . . . ATTACHMENT 8. B "'-1.' t. .1' l;) A RESOLUTION OF THE Town OF Hillsborough TO SUPPORT CAROLINIANS FOR FAIR ELECTRIC RATES, INC. ("CFFER") IN OPPOSING SURCHARGES ON ELECTRIC RATES OF THE CITIZENS AND BUSINESSES OF Hillsborough WHEREAS, lobbying efforts are underway in North Carolina to obtain passage of electric restructuring legislation that would place an unwelcome surcharge on the electric bills of citizens, businesses and industries in our municipality; and WHEREAS, the purpose of such surcharge is collect monies to subsidize the electric rates of 51 electric cities in North Carolina that acted voluntarily to create joint municipal power agencies ("MP As') that have issued more than $5 billion in bonds; and WHEREAS, no general crisis exists among the MP A member cities, who are capable of taking local action to improve their situation; and WHEREAS, the financial penalty of such surcharge, if enacted as proposed, is estimated to be punitive for this municipality; and WHEREAS, the citizens, businesses and industries in our municipality played no role in incurring and have no legal or other responsibility for payment of the obligations of the MP As; and WHEREAS, CFFER has been organized as a not-for-profit corporation for the purpose of opposing the proposed surcharge and educating the public concerning the inequities in such surcharge; and WHEREAS, this governing board believes that the ctt1zens, businesses and industries of our municipality should not be subjected to such surcharge and desires to take action on behalf of its citizens to oppose such unjustifiable surcharge. 0 NOW THEREFORE BE IT RESOLVED, that the Town of Hillsborough hereby expresses its support of CFFER in the campaign against the proposed surcharge, ADOPTED THIS !&iDAY OF frAeU~OO1. . . . ATTACHMENT 8.H ,..., ~.... j , . . AN ORDINANCE AMENDING SECTION 6 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 2. Section 3. Section 6A-5 of the Hillsborough Town Code is hereby amended to add the following stop sign: Stop Street Baycourt Trail Scotsburg Trail Scotsburg Trail Willowbrook Trail Oakhurst Trail Willowbrook Trail Approach South East West North South South Main Street Beckett's Ridge Drive Oakhurst Trail Beckett's Ridge Drive Baycourt Trail Beckett's Ridge Drive Beckett's Ridge Drive 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 /;;.J.A day of #AKttIlR(/, :;ar I Ayes: ~ Noes: ..tr Absent or Excused g- ~&hH~ ~~ . Section 3. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this,d#1 day of li:dt/~ :;'1AtJ/ . Ayes: 6' Noes: ~ L Absent or Excused ~ ./ /J j~ ~~j Donna F. Armbrister, Town Clerk . . ATTACHMENT 8. I AN ORDINANCE AMENDING CHAPTER 6, MOTOR VEHICLES AND TRAFFIC ') :-' . ..) APPENDIX A, SECTION 6A-12 OF THE HILLSBOROUGH TOWN CODE The Board of Commissioners of the Town of Hillsborough ordains: SECTION I. All section references below refer to the Town of Hillsborough Code, Chapter 6, Appendix A, Section 6A-12 Speed Limits. SECTION 2. Section 6A-12 Speed Limits In accordance with Subsection 6-20(b), the following speed limit is established at 25 MPH for the streets indicated below: SPEED LIMIT (MPH) ON STREET FROM TO 25 25 25 25 Baycourt Trail Scotsburg Trail Oakhurst Trail Willowbrook Trail Beckett's Ridge Drive Beckett's Ridge Drive Beckett's Ridge Drive Beckett's Ridge Drive End Oakhurst Trail End Baycourt Trail Section 2. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. This ordinance shall become effective upon adoption. . . . AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH ,..... '", t J THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to rezone 7.627 acres between Valley Forge Road and Cornerstone Court on NC 86 from Limited Office to High Intensity Commercial (Tax Map 4.40.A.8). The affected area is shown on the attached map, Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption, The foregoing ordinance having been submitted to a vote received the following vote and was duly adopted this 12th day of February 2001. Ayes: g Noes: - S- Absent or Excused:-&- . . . AN ORDINANCE AMENDING THE SUBDIVISION REGULA TrONS OF THE TOWN OF HILLSBOROUGH 4~ THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 2 of the Subdivision Regulations of the Town of Hillsborough is hereby amended add the following terms and definitions: Common open space That area within a development that is not covered with a structure or impervious surfaces, which has been set aside for resource protection, amenity, and/or buffers, and that may be held by the developer, property owners' associ~tion, unit of government, or non-profit entity. Buffers and building setbacks that are privately held on individual lots are not included in the open space calculation, Common open space shall be designated as such on the preliminary and final plans. Recreation space That area within a development which is designed, shaped, and constructed to provide a combination of active and passive recreational opportunities to the public and/or the owners and residents of the development and that is held by the developer, property owners' association, unit of government, or non-profit entity. Active recreation areas shall be easily visible from and have direct access to public street(s). Recreation space shall be designated as such on the preliminary and final plans. Section 2. Section 2 is further amended to remove "and/or recreation" from the last sentence of the definition of "Cluster Development." Section 3. Section 4.6.2.a and f are amended to delete the clause "and/or open space" where it occurs after "recreation" or "park." Section 4. Section 4.6.2.c.3 is amended by deleting the last three sentences of the paragraph. Section 5. Section 4,6,3 is hereby added as follows: 4.6.3 Common Open Space a) Applicability Every person, firm or corporation who subdivides land for residential and/or non- residential purposes shall be required to dedicate a portion of such land for the purpose of open space preservation to preserve significant natural features and cultural resources. In all cases, the Parks and Recreation Board shall review and make recommendation to the Planning Board and Board of Commissioners on the provision or dedication open space areas. The dedication of open space areas shall not be required for a minor subdivision; provided, however, the provisions of Section 4,6.2.f (payments in lieu of dedication) shall apply at the time of . . . Section 6. Section 7. Section 8. Section 9. Section 2. Section 3. Ii .' r.t 4 b) approval of a major subdivision to all lots previously created through the minor subdivision process following the effective date of these provisions. Dedication Requirements The subdivider shall provide land for common open space within standard subdivisions and multi-family developments equal to 10% of the gross lot size. Within cluster subdivisions, open space shall be the 30% of the gross lot size or the 10% for standard subdivisions plus the sum of all reductions in minimum lot area as a result of the cluster form of development, whichever is greater. Section 4.9.1 is amended by deleting the phrase "and recreation" from the last sentence. Section 4.9.2 is amended by deleting sections "e" and "f' and by adding "and" between "recreation" and "open space" in section "c" and "d". Section 4.9.5 is amended by deleting sections "b" and "h" and renumbering the remaining sections appropriately. Replace the term "Recreation and Parks Advisory Council" with "Parks and Recreation Board" throughout the Subdivision Regulations. 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 on this 12th day of February 2001. ..- Ayes: <oj Noes: ./?- Absent or excused: P- 4d!i1~~~' Donna F. Armbrister, Town Clerk