Loading...
HomeMy Public PortalAbout05-14-2001 Regular Session . . . 10S MINUTES IDLLSBOROUGH TOWN BOARD May 14,2001 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on May 14, 2001 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sr., and Commissioners Frances Dancy, Evelyn Lloyd, Mark Sheridan, and Brian Lowen. Absent from the meeting was Commissioner Kenneth Chavious. Present were Town Manager Eric Peterson, Town Clerk Donna Armbrister, Finance Director Sherry Carter, Planning Director Margaret Hauth, Town Engineer Kee~ Management Intern Jim Klingler, Public Works Director/Assistant Town Manager Demetric Potts, Police Chief Nathaniel Eubanks, and Town Attorney Nick Herman. Mayor Horace H. Johnson, Sr. called the meeting to order at 7:30 PM. 1. PUBLIC CHARGE Mayor Horace H. Johnson, Sr. read the Public Charge. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA Mr. Chris Kees requested to be added to the agenda to discuss a proposed home on an old landfill site. 3. AGENDA CHANGES & AGENDA APPROVAL By consensus, the Board added Mr. Chris Kees as Item 8.D. Commissioner Sheridan requested that Item 10.1 be moved to the first item to be considered on the Regular Agenda Items for Decision. By consensus, the Board agreed. Town Manager Eric Peterson requested that a Closed Session be added to discuss Reservoir Litigation. By consensus, the Board added a Closed Session to discuss Reservoir Litigation as Item 11.A. 4. PROCLAMA TIONS/RESOLUTIONS A. Certificates of Recognition to the Coach and Members of the OHS Wrestling Team Mayor Horace H. Johnson, Sr. read and presented Certificates of Recognition to Orange High School Coach Bobby Schriner and to OHS wrestlers Brandon Grasty, Tyrone Hodge, and Ryan LaRue. .1.07 B. Proclamation honoring Orange Congregations in Missions' 20th Anniversary . Mayor Horace H. Johnson, Sr. read and presented to Dani Black a Proclamation honoring Orange Congregations In Mission on their 20th anniversary. Copies ofthe Certificate of Recognition to the Orange High School Wrestling Team and the Proclamation honoring Orange Congregations In Missions is hereby made a part of these Minutes as an Attachment. 5. APPROVAL OF THE MINUTES OF THE APRIL 9TH, 2001 REGULAR BOARD MEETING AND CLOSED SESSION, AND THE APRIL 24TH, 2001 QUARTERLY PUBLIC HEARING Commissioner Lloyd noted a correction to the April 9th Minutes to reflect that Mayor Johnson was present. Upon a motion by Commissioner Lloyd, seconded by Commissioner Lowen, the Board moved to approve the Minutes of the April 9th, 2001 Regular Board Meeting with the aforementioned amendment, the April 9th, 2001 Closed Session, and the April 24th, 2001 Quarterly Joint Public Hearing as presented by a vote of 4-0. The motion was declared passed. 6. REPORT FROM THE TOWN MANAGER . There was no Manager's Report for this Agenda. 7. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented a status report on all current water and sewer projects. 8. REPORTS AND PRESENTATIONS A. MPA Students will give a presentation on Water and Wastewater Performance Measurement Project they completed for the Town Town Manager Eric Peterson introduced a group of Masters of Public Administration students from UNC - Elizabeth Earle, Eric Norfleet, and Ashley Barnes. Erin Norfleet described the Water and Wastewater Performance Measurement Project and explained that their objective was to identifY and develop those performance measures most relevant to the Town's water and wastewater operations; and to design and implement the tools necessary for the collection of data and the tracking of performance indicators. . Mr. Norfleet informed the Board that using the forms and database, the Town has begun collecting and entering the activity report data. Initial feedback from the management staff and the line crew indicates that the tools are accurately capturing the intended measures. 2 . . . lnf, The system's findings will be used by the Town to conduct internal trend analysis, and to balance its performance levels with other municipalities. The ultimate long-term goal ofthis project is to incorporate performance measure outcomes with policy decisions, program development, and the allocation of resources. While month-to-month findings provide a snapshot of the water and sewer operations, the greater purpose ofthe system is to link performance measures with these management decisions. B. Karnes Market Research Group will give a commercial development capacity presentation Town Manager Eric Peterson introduced Mike Williams with the Karnes Market Research Group. Mike Williams appeared before the Board and discussed the research methodology that was used and fielded questions from the Town Board members. Mr. Williams informed the Board that Karnes Research Company's recommendations state that given the findings oftheir.analysis, the Hillsborough area could support one discount department store anchored community center ranging from 175,000 to 225,000 square feet. Probable tenants for such a center would include the discount department store ranging from 125,000 to 175,000 square feet, a grocer (depending on the type of discount department store), a smaller hardware or home improvement center, and up to three full service restaurant outparcels. Small in line tenants could total between 15,000 and 25,000 square feet, including the following categories: dry cleaning, hair and beauty, electronics, et supplies, packaging/mailing, and fast food. C. Presentation of the Proposed FY02 Budget & FY02-04 Financial Plan Town Manager Eric Peterson presented the proposed FY02 Budget & FY02-04 Financial Plan for the Board's review. Peterson expressed his appreciation to the Mayor, the Town Board, and all Town employees for their hard work, not just during the budget preparation process, but also all throughout the year. He commended everyone for supporting the use of the multi-year Financial Plan approach in our budgeting process. ADDED ITEM S.D Chris Kees - Discussion of a proposed home on an old landfill site Mr. Chris Kees appeared before the Board and expressed his concerns with a property next to his, which is a proposed home site where an old landfill was located. He stated that he has information indicating the State has classified the property as a hazardous waste site. After some discussion, the Board directed the Town Attorney and the Planning Director to schedule a meeting with Mr. Kees to obtain more information on the situation. 3 .1 r 0 . v 9. ITEMS FOR DECISION - CONSENT AGENDA . A. Miscellaneous Budget Amendments . . Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Miscellaneous Budget Amendments as presented by a vote of 4-0. The motion was declared passed. Copies of the Budget Amendments are hereby made a part of these official Minutes as an Attachment. 10. ITEMS FOR DECISION - REGULAR AGENDA I. Consideration of a preliminary subdivision plan to create 3 lots on a new private road off Daphine Drive Planning Director Margaret Hauth introduced this Item to the Board and stated that the Planning Board reviewed this plan at two meetings. They unanimously recommended approval of the plan with the conditions that the owners maintain a 12' wide cleared right-of-way along the private road to facilitate emergency vehicle access and that the drainage plan be reviewed and approved by the Town Engineer. Property owner Mariah Ann McPherson appeared before the Board and requested that they approve this request. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to approve the preliminary subdivision plan to create 3 lots on a new private road offDaphine Drive by a vote of 4-0. The motion was declared passed. Mayor Johnson called for a 10-minute recess. Mayor Johnson reconvened the meeting. A. Consider request from Orange County Board of Education for a waiver of Capital Facilities Fees for Cedar Ridge High School and a new middle school Town Manager Eric Peterson introduced this Item for the Board's consideration. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to deny the request from Orange County Board of Education for a waiver of Capital Facilities Fees for Cedar Ridge High School and a new middle school by a vote of 4-0. The motion was declared passed. B. Consideration ofan Ordinance to rezone 44,061 sfowned by Marvin Barnes at the 1- 85/NC 86 interchange from Limited Office to High Intensity Commercial (Tax Map 4.40.A.19a) Planning Director Margaret Hauth presented this Item for the Board's consideration stating that at the Planning Board meeting Mr. Barnes spoke in favor ofhis request, indicating his concern about his business being non-conforming. Planning Director Hauth informed the Board that the 4 . . . lIe Planning Board recommended denial of the request on the basis that the business will not be severely restricted by not allowing the rezoning and that options exist when expansion or a change of use is needed. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to accept the Planning Board's recommendation and deny the Ordinance to rezone 44,061 sf owned by Marvin Barnes at the I-85/NC 86 interchange from Limited Office to High Intensity Commercial (Tax Map 4.40.A.19a) by a vote of 4-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these official Minutes as an Attachment. C. Consideration of an Ordinance to amend Section 4.13.2 of the Zoning Ordinance to delete section "d" which requires day care lots to be twice the minimum size in the zoning district Planning Director Margaret Hauth introduced this Item for the Board's consideration and stated that the Planning Board recommended approval by a vote of 6-1 with Joel Brinkley opposing noting his concern about the peak traffic that could impact a neighborhood by expanding a center beyond what's allowed with a home occupation permit. Upon a motion by Commissioner Sheridan, seconded by Commissioner Lowen, the Board moved to approve the Ordinance to amend Section 4.13.2 of the Zoning Ordinance to delete section "d" which requires day care lots to be twice the minimum size in the zoning district as presented by a vote of 4-0. The motion was declared passed. A copy ofthe Zoning Ordinance is hereby made a part of these official Minutes as an Attachment. D. Consideration of an Ordinance to amend Section 25 ofthe Zoning Ordinance, definition of "motor vehicle fuel station," to indicate the maximum number of vehicles served in the HI C district as 10 Planning Director Hauth presented this Item for the Board's consideration and stated that the Planning Board recommended approval, unanimous (1 abstention) with a change from 9 to 10. The Planning Board members decided that since most pumps are double-sided, allowing the increase to 10 made more sense. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to approve the Ordinance to amend Section 25 of the Zoning Ordinance, definition of "motor vehicle fuel station," to indicate the maximum number of vehicles served in the HIC district as 10 as presented by a vote of 4-0. The motion was declared passed. A copy of the Zoning Ordinance is hereby made a part of these official Minutes as an Attachment. E. Consideration of an Ordinance to amend the Subdivision Regulations to add new Section 4.4.3 to require sidewalks and walkways in subdivisions Planning Director Hauth presented this Item for the Board's consideration and stated that the Planning Board recommended approval, unanimously & enthusiastically. 5 . . . III ,j Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to approve the Ordinance to amend the Subdivision Regulations to add new Section 4.4.3 to require sidewalks and walkways in subdivisions as presented by a vote of 4-0. The motion was declared passed. A copy ofthe Ordinance is hereby made a part of these official Minutes as an Attachment. F. Consideration of an Ordinance to rezone 58 ac at NC 86/1-85 from Limited Office to Entranceway Special Use (Tax Map 4.45..4c) G. Consideration of Master Plan/Special Use Permit for Hampton Ponte project (Tax Map 4.45..4c) Planning Director Hauth presented Items F and G for the Board's consideration. Hauth reported that the Planning Board had discussed the plans at both their February and March meetings. The issues they discussed related to the scale of the buildings, intensity of the use on the site, employment opportunities, shopping opportunities, need to protect historic area on site, walkability, the surrounding road network, and stormwater/impervious surface. The Planning Board recommended approval of the rezoning request by a 7-1 vote. By consensus, the Town Board decided they needed more time to consider the information they received earlier in the evening from the Kames Market Research Group and deferred action on these two items. H. Consideration of an amendment to Section 12-14 of the Town Code to allow campfires in limited circumstances Planning Director Hauth presented an Ordinance for the Board's consideration. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Ordinance to amend Section 12-14 of the Town Code to allow campfires in limited circumstances as presented by a vote of 4-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these official Minutes as an Attachment. I. This Item was heard out of order at the beginning of the Items for Decision Regular Agenda 1. Consider accepting utilities for the Pathways Elementary School Town Engineer Kenny Keel reported that he has inspected the sewer facilities that were installed to serve the Pathways Elementary School and is satisfied with the quality and workmanship of the facilities. The facilities meet or exceed the town Specifications. The water facilities were accepted by the Board on January 8, 2001. Engineer Keel recommended that the Board accept the sewer utilities serving Pathways Elementary School. He explained that the Board's acceptance will transfer ownership ofthe facilities to the Town and initiate the one-year warranty period. 6 . . . III Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to accept utilities for the Pathways Elementary School effective 05-14-01 by a vote of 4-0. The motion was declared passed. K. Consider accepting utilities for Phase 2A of Churton Grove Town Engineer Kenny Keel reported that he has inspected the water and sewer facilities that were installed to serve Phase 2A of Churton Grove Subdivision and he is satisfied with the quality and workmanship of the facilities. The facilities meet or exceed the Town Specifications. Phase 2A includes utilities in the following areas: . Churton Grove Blvd. Between Lot 62 and Lot 137 . Ainsworth Blvd. Between Churton Grove Blvd. And Alanbrook Court . Hadfield Street . Baldwin Drive . Sewer outfall connecting to Churton Grove Pump Station from Phase 2 Engineer Keel recommended that the Board accept the water and sewer utilities serving Phase 2A ofChurton Grove Subdivision. The Board's acceptance will transfer ownership of the facilities to the Town and initiate the one-year warranty period. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to accept utilities for Phase 2A of Churton Grove effective 05-14-01 by a vote of 4-0. The motion was declared passed. L. Set Public Hearing Date to receive public comment on the proposed Patriot Pointe Apartment Complex on Orange Grove Road Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to set a Public Hearing Date to receive public comment on the proposed Patriot Pointe Apartment Complex on Orange Grove Road for July 24th, 2001 by a vote of 4-0. The motion was declared passed. M. Discussion of May Work Session By consensus, the Board agreed to cancel the May Work Session. Finance Director Sherry Carter announced that the Town Employee Picnic will be held on Friday, May 25th at Noon at the Town Barn and invited the Board to attend. She also informed the Board that Davis Meter has again this year donated tickets for the Exchange Club Fish Fry, which is being held this Thursday, and Friday - May 18, & 19. Commissioner Sheridan thanked Chapel Hill Herald Reporter Rob Shapard for the Herald's sponsoring the Water/Sewer and Town Growth Forum opportunity and suggested that they possibly look at continuing this effort in the future. 7 . . . 111 11. CLOSED SESSION A. Closed Session to discuss Reservoir Litigation Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the' Board moved to go into Closed Session to discuss Reservoir Litigation by a vote of 4-0. The motion was declared passed. 12. ADJOURN Upon returning to Open Session and upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adjourn at 10:30 PM by a vote of 4-0. The motion was declared passed. LJ~ Respectfully submitted, Donna F. Armbrister, CMC Town Clerk 8 ATTACHMENT 4.A 11II ,. . . !~, ..~ _,ur. , ~.~~ "" ~ ~~ t --'-- " ii~-;: . '~F: d~ ~ ~d , , CERTIFICATE OF RECOGNITION t . " ~ , . ~ ~ . J I; ~ ~ ~ 11 ~ ~ ~ ~ In '1 ~ ~ I :,,' ~1 I ~ i ~ . ~; I l ~ J ~ .! . , ~ . I ! I I i I I~ '."1 " 0' ': . ~~ ~l; I . i . ~ ~ , II J , ORANGE HIGH SCHOOL WRESTLING TEAM ~ WHEREAS, members of the Orange High School Wrestling Team competed at the National High School Championships which included wrestlers from allover the country; and t' WHEREAS, Orange High School was privileged to have Brandon Grasty, Tyrone Hodge, and Ryan LaRue who were all State 4-A title holders, to compete in the National three day event at the University of Delaware; and ~ I WHEREAS, a special conunendation is due these team members, to Coach Bobby Schriner and his staff; "'::4 .~ NOW, THEREFORE, I, Horace H. Johnson, by virtue of the authority vested in me as Mayor of the Town of Hills borough, and on behalf of our Town Board and all our citizens, do hereby extend this expression of our pride in your accomplishment, and our appreciation for the fine publicity you have brought to our community by your good sportsmanship and inspired team play. IN WITNESS WHEREOF, I do hereby set my hand, and cause the Corporate Seal of the Town to be affixed. 4L--~ ~v'" Mayor '1J1,. /~ flOt?) Date l~ I ,~ I I ....,-~4.:.. -"".:;~ ~~~~..,~~~ .~ -. - . . Town &, of Hill~ gh A TT ACHMENT 4.B 115 PietJeLA1ItA71()1t ~ ()ieA1tIJ-S e()'}tlJ-ieSIJ-A71()1tS 9'Jt'11t1SS1()1t 111~. Twenty years ago, on May 4, 1981, representatives from five Orange County congregations gathered to form an outreach ministry to fulfill their dreams of feeding the hungry, clothing the naked and, otherwise ministering to the needs of the people who populated the small towns and rural areas. From this meeting was born "Orange Congregations in Mission", and; 111~. OCIM is a non-profit ministry composed of around 40 churches in the northern Orange County arei who, as a human services organization, strives to meet the emergency needs of those who find themselves in crisis situations, and; 111~. OCIM's mission is to minister to the urgent needs of citizens of Orange County through the volunteer efforts of diverse congregations and individuals inspired by faith in God, and to enhance self-sufficiency and awareness of community resources, and; 111~. OCIM serves the entire Orange County School District, and relies upon volunteers from its member congregations and the larger community to accomplish it's mission, and; 111~, Funding for the operation comes through the member congregations and their denominational offices, the proceeds from the Thrift Shop, United Way, Foundations, and private donations, and; 'lII~, OCIM's kindly devotion and practical assistance to the neediest among us exemplify the highest ideals of our community and nation, and; ~. 7~. I, Horace H. Johnson, Sr., Mayor, town of Hills borough, do hereby proclaim the month of May as: ()~~~~4-2OU~~ In our community, and urge all citizens to recognize and honor the inspiring and unfailing devotion of this great organization which for so many years has served the spiritual and physical needs of the less fortunate. ftx~ P< ~ ~. .Jr- Horace H. Johnson, r., Mayor Town of Hillsborough Town of Pngl~ ATTACHMENT 9.A 116 gh BUDGET AMENDMENTS MAY. 2001 1. GENERAL FUND BEFORE AQJ AFTER EXPENDITURES: 10-4200-458 Admin,-Cont.Serv/ICS $ $4,300 $ 4,300 10-4200-740 Admin.-Equipment 7,300 (4,300) 3,000 $ 7,300 $ $ 7,300 1. '> To fund purchase, installation, training and all other expenses associated with Personnel System software. 2. <3ENERAL FUND: EXPENDITURES: 10-4400-453 Finance-Cont.Serv/ICS . 10-4400-454 Finance-Cont.Ser/Comp.Hardware 10-9990-000 Contingency $ 10,000 3,300 36 249 $ 49549 $1 ,1 00 100 (1 200) $11 ,100 3,400 35 049 $ 49 549 WATER FUND: EXPENDITURES: 30-7240-740 Bill.& Coll.-Equipment 30-9990-000 Contingency $16,700 55700 .$ 72 400 $ 2,200 (2 200) $ 18,900 53 500 $ 72 400 < ., To fund purchase, installation and 3-year maintenance for new computer for the new position of Billing! Collection Manager. 3. GENERAL FUND: EXPENDITURES: 10-5300-743 Fire-Equipment 10-9990-000 Contingency $ 4,000 35,049 $ 39049 $ 1,000 (1,000) $ 5,000 34,049 $ 39 049 To fund space-ray heater for the fire station. . 137 North Churton Street . P.O. Box 429 · Hil/sborough, North Carolina 27278 919-732-2104 · Fax: 919-732-1028 BUDGET AMENDMENTS MAY, 2001 PAGE 2 . 4. GENERAL FUND: REVENUES; 10-3350-100 Misc.-Conf. %AGE EXPENDITURES; 10-5100-571 Police-Misc./Drug Buy BEFORE $ 141 $ 2 679 To fund receipts of substance abuse taxes and restitution payments. 5. GENERAL FUND:, EXPENDITURES: 10-5600-740 Street-Equipment 10-9990-000 Contingenl;y $ 4,000 34,049 $ 38 049 To fund computer for Public Works Director/Ass!. Town Manager 6. GENERAL FUND: . REVENUES: 10-3980-100 Powell Bill Appropriated EXPENDITURES; 10-5700-762 Pbill-Patch & Resurface $ $ 59 200 To fund balance of patching and paving for 2000-01. 7. GENERAL FUND: EXPENDITURES: 10-5800-452-San.-Wood Chipping 10-9990-000 Contingency $ 15,895 30,502 $ 46 397 To fund grinding of wood waste at the Town's landfill. . AQJ $ 2.979 $ 2.979 $ 3,547 (3,547) $ 33.800 $ 33 800 $ 24,100 (24,100) 117 AFTER $ 3.120 $ 5 658 $ 7,547 30,502 $ 38.049 $ 33 800 $ 93.000 ': ~ $ 39,995 6,402 $ 46 397 BUDGET AMENDMENTS .AY, 2001 AGE3 8. GENERAL FUND: EXPENDITURES: 10-5800-330 Sanitation-Supplies 10-5800-740 Sanitation-Equipment To move funds to build shell for leaf truck. 9. GENERAL FUND: REVENUES: 10-3990-000 Fund Sal. ~~propriated EXPENDITURES; 10-5800-740 Sanitation-Equipment BE:FORE AQJ. $ 3,200 1 61 ,000 $164.200 $ 600 (600) $ 280.452 $ 8 600 $160400 $ 8 600 To fund difference in the loan and the actual cost of the second garbage truck, ~O.GENERALFUND: REVENUES: 10-3990-000 Fund Sal. Appropriated EXPENDITURES: 1 0-6250-570 Tourism-Miscellaneous $ 289 052 $ 7 000 $ $ 7 000 500 To release reserved interest funds to The Alliance for Historic Hillsborough. 11. WATER FUND: EXPENDITURES: 30-8140-740 Water Dist.-Equipment 30-9990-000 Contingency $ 28,200 53,500 $ 81 700 $ 800 (800) To fund purchase of all-purpose saw 10 replace stolen saw. . ~ .. 118 AFTER $ 3,800 160,400 $164.200 $ 289.052 $169.000 $ 296.052 $ 7 500 $ 29,000 52,700 $ 81 700 BUDGET AMENDMENTS .AV, 2001 AGE4 12. WATER FUND: EXPENDITURES: 30-7240-740 Bill.& CoII.-Equipment 30-9990-000 Contingency BEFORE AQ.J $ 18,900 52,700 $ 71.600 $ 1,100 (1 , 1 00 ) To fund purchase of two electronic credit card machines for the collection office. 13. WATER FUND: EXPENDITURES: 30-7240-331 Meter Reabing-Supplies 30-7240-450 Meter Read.-Meter Test. $ 72,600 9,600 $ 82,200 $ 9,600 (9,600) To move funds to purchase large replacement meters. .4. GENERAL FUND: REVENUES: 10-3490-000 Grant-Riverwalk Study EXPENDITURES: 10-4900-571 Planning-Riverwalk Study $ $ $ 25 000 ,$ 25 000 To fund grant funds and expenses associated with the Riverwalk Feasibility Study. APPROVED: ~/I'~,tJ/ 0/ 4 t/~ ?J/0-bl VERIFJED:~~#~ onna Armbrister, Town Clerk . 119 AFTER 20000 51,600 $ 71.600 $ 82,200 $ 82,200 $ 25000 $ 25000 ~ . " 120 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLS BOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLS BOROUGH ORDAINS: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to rezone 44,061 sf at the I-85/NC 86 interchange from Limited Office to High Intensity Commercial (Tax Map 4.40.A.19a). 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 oMinance having been submitted to a vote received the following vote and was dulv adeo1eOthis 14th day of May 2001. "'7lllf;J~4' Ayes: r,I Noes: 'I Absent or Excused: I ~ . . 121 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Amend Section 4.13.2 of the Zoning Ordinance to delete section "d" which requires day care lots to be twice the minimum size in the zoning district. Section 2. Renumber section 4.13.2.e to reflect the deletion. Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 4. 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 14th day of May 2001. Ayes: I Noes;.,&- Absent or Excused: / ~~ nna F. Armbrister, Town Clerk ~ . . 122 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Amend Section 25 of the Zoning Ordinance to amend the definition of "motor vehicle fuel station" to indicate the maximum number of vehicles served in the GC & HIC district as 10. 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 14th da.y of May 2000. Ayes: f Noes:y Absent or Excused: / ~~~ Donna F. Armbrister, Town Clerk . . - 123 AN ORDINANCE AMENDING SECTIONS 12-14 OF THE HILLSBOROUGH TOWN CODE TO ALLOW THE OPEN BURNING IN CONNECTION WITH CULTURAL EVENTS AND CELEBRATIONS THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section'1. Section 12-14 of the Hillsborough Town Code IS amended by inserting a new subsection (hI) to read as follows: (h 1) The Code Enforcement Officer/Fire Inspector may issue a permit to allow open burning in the form of a campfire or campfires as part of a cultural event or celebration conducted by a not-for-profit organization on public property. Such a permit may allow open burning of non-processed wood materials only in the form of a campfire or campfires for a period no longer than 72 consecutive hours. Each such campfire shall be constantly attended, and the person in charge shall have a garden hose or fire extinguishing equipment readily available for 'use. The Code Enforcement Officer/Fire Inspector has the authority to revoke said permit should hazardous conditions arise; during water restrictions; or should such burning cause nuisance, annoyance, detriment or discomfort to any person or damage to any property. 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 that was duly adopted this~ day of dJ/i( , 2001. Ayes: -i- Noes: -B- Absent or Excused: Donna F. Armbrister, Town Clerk . . . cSt 12. AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Amend Section 4 of the Subdivision Regulations to add a new section 4.4.3 as follows: 4.4.3 Sidewalks and walkways Section 2. Section 3. Sidewalk Walkway Section 4. a) Sidewalks will be provided along one side of all proposed and existing public streets within subdivisions with the following exceptions: 1) Public dead-end streets with more than 8 lots or longer than 350 feet shall have sidewalks on both sides of the street; 2) Public streets classified as arterial or collector shall have paved sidewalks on both sides of the street. W alkwa~s will also be provided to connect dead-end streets to each other and to recreation areas and open space to limit the travel distance for pedestrians. , Pedestrian walkways will be owned and maintained by property owner association in developments outside the city limit or in any case where the Town does not accept dedication of these improvements. Sidewalks and walkways shall be constructed to meet the Americans with Disabilities Act requirements. Sidewalks shall be four feet in width and constructed of 5 inches of concrete. Expansionjoints shall be installed every thirty feet, with score marks every ten feet. The permit-issuing authority may permit the installation of walkways (instead of sidewalks) constructed with other suitable materials when it concludes that: 1) Such walkways would serve the residents of the development as adequately as concrete sidewalks; and 2) Such walkways would be more environmentally desirable or more in keeping with the overall design of the development. b) c) d) e) f) Renumber existing Sections 4.4.3, 4.4.4, and 4.4.5 to accommodate this addition. Amend Section 2 of the Subdivision Regulations to add the following definitions: Public pedestrian way of concrete within the public road right-of-way separated from the vehicular travelway by a landscaped area no less than four feet wide. Public pedestrian way within the road right-of-way or other public access easement of an approved surface. Walkways are available for public use, but may be owned and maintained by homeowners associations or similar entities All provisions of any town ordinance in conflict with this ordinance are repealed.