HomeMy Public PortalAbout11-13-2001 Regular Session
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MINUTES
HILLSBOROUGH TOWN BOARD
November 13, 2001
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on November 13,2001 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, Kenneth Chavious, Mark Sheridan, and Brian
Lowen. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister,
Planning Director Margaret Hauth, Assistant Town Manager/Public Works Director Demetric
Potts, Town Engineer Kenny Keel, Police Chief Nathaniel Eubanks and Town Attorney Bob
Hornik.
Mayor Horace H. Johnson, Sr. called the meeting to order at 7:36 PM.
1. PUBLIC CHARGE
Mayor Horace Johnson read the Public Charge.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
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There were no comments.
3. AGENDA CHANGES & AGENDA APPROVAL
Mayor Johnson requested that a Resolution requesting the release of funds from the General
Assembly to Triangle J Council of Governments be added to the Printed Agenda as Item 8.D.
By consensus, the Board agreed.
By consensus the Board agreed to add an update from Bill Anderson and Jerry Dickens on the
Proposed Hampton Pointe Development as Item 5.B.; and a request from Larry Carroll for the
Board to authorize the use of water otherwise not permitted during Stage 3 Water Restrictions to
clean the brick fayade of a new building as Item 8.A.l.
Commissioner Chavious requested that staff look into placing American Flags along Nash Street.
Commissioner Lloyd requested the addition of a discussion regarding truck traffic on Eno Street,
Bellevue Street, and Nash Street. By consensus, the Board added this as Item 9.N.
By consensus, the Board agreed to consider Ifem 9.F, G, & H before Item 9.A to accommodate
citizens in the audience.
4. APPROVAL OF THE MINUTES OF THE OCTOBER 6TH BOARD RETREAT, THE
OCTOBER 8TH REGULAR BOARD MEETING, THE OCTOBER 8TH CLOSED
. SESSION, THE OCTOBER 22ND BOARD WORK SESSION, THE OCTOBER 23RD
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JOINT PUBLIC HEARING, AND THE OCTOBER 23RD CLOSED SESSION
Upon a motion by Commissioner Dancl' seconded by Commissioner Lloyd, the Board moved to
approve the Minutes of the October 6t Board Retreat, the October 8th Regular Board Meeting,
the October 8th Closed Session, the October 22nd Board Work Session, the October 23rd Joint
Public Hearing, and the October 23rd Closed Session as presented by a vote of 5-0. The motion
was declared passed.
5. REPORTS
A. Report from Dani Wise-Frederick, Extension Associate in Biological & Agricultural
Engineering at North Carolina State University, regarding the Stream Restoration Project
and consideration of a Resolution in Support of "Hazel Parker" Creek Stream Restoration
Project
Dani Wise-Frederick, Extension Associate in Biological & Agricultural Engineering at North
Carolina State University, presented the report to the Board and requested they adopt a
Resolution in Support of "Hazel Parker" Creek Stream Restoration Project.
Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board
moved to adopt the Resolution in Support of "Hazel Parker" Creek Stream Restoration Project as
presented by a vote of 5-0. The motion was declared passed.
. ADDED ITEM B. UPDATE ON HAMPTON POINTE DEVELOPMENT
Bill Anderson and Jerry Dickens appeared before the Board and presented an update on the
proposed Hampton Pointe Development. They requested to be placed on the Agenda for the
November 26th Board Work Session. After some discussion, the Board agreed.
By consensus, the Board moved the November Work Session to November 27th.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved
to call a Public Hearing for November 27th at 7:00 to receive comments on the DOT report on
the proposed Hampton Pointe Development.
By consensus, the Board called a special meeting on Monday, November 19th at 6:30 in the
Police Department Training Room to further discuss the proposed Hampton Pointe Development
plans.
6. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson reminded the Board the December Board meeting has been moved
to December 3 rd.
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Manager Peterson reported the Christmas Decorations along Churton Street would be going up
on November 25th.
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There was some discussion regarding the Christmas Decorations and the American Flags. The
Board agreed they did not want to remove the Flags at this point.
By consensus, the Board agreed to have the Christmas Decorations and the American Flags
alternated along Churton Street if possible.
Manager Peterson stated that the School for Newly Elected Officials is coming up and requested
that anyone interested in attending let him know as soon as possible.
Peterson requested the Board to authorize Town Hall not to be on the Candle Light Tour this
year and only be on the tour every other year after this due to the amount of preparation work
involved. By consensus, the Board authorized this schedule.
Peterson requested that "Water Restrictions" be placed on the January Work Session as a Hot
Topic. By consensus, the Board agreed.
Peterson also reported that some of the existing Water Restriction Signs are outdated and will be
replaced.
7. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel discussed with the Board a request from New Horizon Church to be
added to the Water System for fire protection sprinklers.
Engineer Keel also presented a status report on all current Water/Sewer projects.
8. ITEMS FOR DECISION - CONSENT AGENDA
A. Approval of Classification and Salary Range for Fire Marshal position
B. Consideration of Bid Award for the Wastewater Treatment Plant Upgrade Financing
C. Consideration of a Cable Consortium Service Agreement with Triangle J. Council of
Governments
D. Resolution requesting the release of fund from the General Assembly to Triangle J
Council of Governments
Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved
to approve Items A, B, C, & D as presented by a vote of 5-0. The motion was declared passed.
A copy of the Bid tabulation for the Wastewater Treatment Plant Upgrade Financing is hereby
made a part of these official Minutes as an Attachment.
Mayor Johnson called for a short recess.
Mayor Johnson reconvened the Meeting.
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9. ITEMS FOR DECISION - REGULAR AGENDA
A. Consideration of Contract with Raftelis Financial Consulting to Conduct a Water/Sewer
Rate Study
Town Manager Eric Peterson presented the proposal from Raftelis Financial Consulting to
Conduct a Water/Sewer Rate Study for the Board's consideration.
Two citizens, Mr. W. T. Carter and Ms. Beverly Daye, addressed the Board with their concerns
regarding Hillsborough's high water rates.
After much discussion, and upon a motion by Commissioner Sheridan, seconded by
Commissioner Dancy, the Board moved to defer spending the allocated funds until further
budget discussions.
B. Discuss the proposed closing of the West Hill Avenue Railroad Crossing by NCDOT
Carolyn Norris addressed the Board expressing her opposition to the proposed closure of the
West Hill Avenue crossing of the NC Railroad. A copy of her presentation is hereby made a part
of these official Minutes as an Attachment.
Peter Eastep also expressed opposition along with Laura Oaks who also requested additional
stop signs.
By consensus, the Board directed the Manager to write a letter to DOT expressing the Board's
desire that neither railroad crossings be closed.
Items heard out of order:
F. Consideration of Water/Sewer Extension Agreement with Housewright Builders
Town Engineer Keel presented the Agreement for the Board's consideration.
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved
to approve the Water/Sewer Extension Agreement with Housewright Builders by a vote of 5-0.
The motion was declared passed.
G. Consideration of an Ordinance annexing 5.1 acres on the south side of Oak dale Drive
Planning Director Margaret Hauth presented the Annexation Ordinance for the Board's
consideration. She reported that the Planning Board supported the proposed 75' rear buffer and
suggested that the Town Board consider it as a condition of annexation.
Upon a motion by Commissioner Lowen, seconded by Commissioner Chavious, the Board
moved to adopt the Ordinance annexing 5.1 acres on the south side of Oakdale Drive with the
amendment that Section 3 and 4 become 4 and 5 with a new Section 3 requiring a 75' buffer area
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between Cornwallis Hills and a rear set back of at least 30' by a vote of 5-0. The motion was
declared passed. A copy of the Annexation Ordinance is hereby made a part of these official
Minutes as an Attachment.
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H. Consideration of an Ordinance to rezone 5.1 acres on the south side of Oakdale Drive from
County R-1 to Town Residential-lO (Tax Map 4.44.B.13, 13a, 14)
Planning Director Hauth presented the rezoning Ordinance stating that the Planning Board
recommended approval of the R-lO zoning by a 5-1 vote. Joel Brinkley voted against the
proposal due to impacts on the adjacent parcels to the east that are zoned for acre lots.
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved
to adopt the Ordinance to rezone 5.1 acres on the south side of Oakdale Drive from County R-1
to Town Residential-10 (Tax Map 4.44.B.13, 13a, 14) as presented by a vote of5-0. The motion
was declared passed. A copy of the Rezoning Ordinance is hereby made a part of these official
Minutes as an Attachment.
1. Consideration of a request for a Special Hearing in December to consider potential change in
use for former Southern States building on NC86
Planning Director Hauth presented this Item for the Board's consideration.
Larry Rinehart and Jerry Overacre appeared before the Board to discuss their plans for a
restaurant at the former Southern States location.
Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board set a
Public Hearing for their November 27th Work Session by a vote of 5-0. The motion was
declared passed.
C. Consideration of Water/Sewer Extension Agreement with MF Limited Partnership
(proposed Patriot Pointe Apartment Complex on Orange Grove Road)
Town Engineer Keel presented the Water/Sewer Extension Agreement for the Board's
consideration.
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved
to accept the Water/Sewer Extension Agreement with MF Limited Partnership (proposed Patriot
Pointe Apartment Complex on Orange Grove Road) as presented by a vote of 5-0. The motion
was declared passed.
D. Consideration of an Ordinance annexing 28.22 acres owned by MF Limited Partnership
of Hillsborough on the west side of Orange Grove Road, just south of 1-85
Planning Director Hauth presented the Annexation Ordinance for the Board's consideration.
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Upon a motion by Commissioner Lowen, seconded by Commissioner Sheridan, the Board
moved to adopt the Ordinance annexing 28.22 acres owned by MF Limited Partnership of
Hillsborough on the west side of Orange Grove Road, just south of 1-85 as presented by a vote of
5-0. The motion was declared passed. A copy of the Annexation Ordinance is hereby made a
part of these official Minutes as an Attachment.
E. Consideration of an Ordinance to zone 28.22 acres owned by MF Limited Partnership of
Hillsborough from County R-l to Town Multi-family
Planning Director Hauth presented the Zoning Ordinance for the Board's consideration.
Upon a motion by Commissioner Lowen, seconded by Commissioner Chavious, the Board
adopted the Ordinance to zone 28.22 acres owned by MF Limited Partnership of Hillsborough
from County R-1 to Town Multi-family as presented by a vote of 5-0. The motion was declared
passed. A copy of the Zoning Ordinance is hereby made a part of these official Minutes as an
Attachment.
F. Consideration of Water/Sewer Extension Agreement with Housewright Builders
This Item was heard out of order, earlier in the meeting.
G. Consideration of an Ordinance annexing 5.1 acres on the south side of Oak dale Drive
. This Item was heard out of order, earlier in the meeting.
H. Consideration of aJ1 Ordinance to rezone 5.1 acres on the south side of Oakdale Drive
from County R-1 to Town Residential-lO (Tax Map 4.44.B.13, l3a, 14)
This Item was heard out of order, earlier in the meeting.
I. Consideration of a request for a Special Public Hearing in December to consider potential
change in use for former Southern States building on NC86
This Item was heard out of order, earlier in the meeting.
J. Discuss possible Committee to oversee repair and maintenance of the Town Clock
Town Manager Peterson introduced this item and suggested forming a committee to oversee the
repair and maintenance of the Town Clock. Assistant Town Manager/Public Works Director
Demetric Potts will take a leadership role with the Committee.
K. Discuss what the "HOT TOPIC" will be for the November 26,2001 Worksession
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The meeting date was changed to November 2th and the issues for the Agenda were discussed
earlier during the meeting.
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L. Discuss the use of banners on the flagpoles near Churton and Mayo Street
Town Manager Peterson informed the Board of notification he had received from the Triangle
Veterans Chapter 637 that the flagpoles near Churton and Mayo Street are being used in
violation of the United States Flag Code by hanging banners on the flagpoles. Planning Director
Margaret Hauth is working on obtaining sign poles for use with the banners.
M. Consider amending the Water/Sewer Extension Agreement with Orange Grove Park Ltd.
Partnership for the Heritage Apartment Complex
Town Engineer Keel presented this amendment for the Board's consideration.
Upon a motion by Commissioner Lowen, seconded by Commissioner Chavious, the Board
moved to approve the Water/Sewer Extension Agreement Amendment with Orange Grove Park
Ltd. Partnership for the Heritage Apartment Complex as presented by a vote of 5-0. The motion
was declared passed.
By conSensus, the Board invited Mayor Elect Joe Phelps and Commissioner Elect Michael
Gering to stay and attend the Closed Session.
10. CLOSED SESSION
A. Closed Session for the purpose of discussing a Personnel Issue
B. Closed Session for the purpose of discussing Potential Litigation
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to
go into Closed for the purpose of discussing a Personnel Issue and Potential Litigation by a vote
of 5-0. The motion was declared passed.
11. OTHER
After returning to Open Session and upon a motion by Commissioner Dancy, seconded by
Commissioner Lloyd, the Board authorized the Town Attorney to settle the Cell Tower lawsuit
Consent Judgment and authorize Commissioners Lloyd and Lowen, and Mayor Johnson to sign
summons by a vote of 5-0. The motion was declared passed.
12. ADJOURN
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved
t~'O?Q 11 :30 PM by a vote of 5-0. The motion was declared passed.
~ submitted,
Donna F. Annbrister, CMC
Town Clerk
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Attachment 5.A
Hillsborough Town Board
Resolution
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Support of 'Hazel Parker' Creek Stream Restoration Project
WHEREAS, a creek known as 'Hazel Parker' Creek flows from near Cedar Grove Street
through the Town Cemetery and eventually to the Eno River; and
WHEREAS, erosion along segments of the creek has occurred over the years, threatening
burial plots and necessitating restorative action; and,
WHEREAS, restoration and associated planting of plants, shrubs and trees will benefit
the citizens of the Town; and
WHEREAS, North Carolina Cooperative Extension plans to submit a Request for
Proposal to the Clean Water Management Trust Fund administered by the North Carolina
Division of Water Quality (NCDWQ) to fund the stream restoration project; and
WHEREAS, in order to secure funding from the NCDWQ, general terms of a
conservation easement along the stream corridor must be developed:
NOW, THEREFORE BE IT RESOLVED that the Town of Hillsborough Board of
Commissioners hereby expresses support for the concept of the stream restoration project
on 'Hazel Parker' Creek as proposed.
BE IT FURTHER RESOLVED that the Board authorizes Town staffto move forward
with development of a draft conservation easement and project plan with North Carolina
Cooperative Extension and NCDWQ.
This, the 13th day of November.
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277
RESOLUTION 02/03
BY
Town of Hillsborough
WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary
organizations serving municipal and county governments, have established productive working
relationships with the cities and counties across the state; and
WHEREAS, the General Assembly continued to recognize this need through the
appropriation of $935,000 to help the Lead Regional Organizations assist local governments with
grant applications, economic development, community development, and to support local
industrial development activities and other activities as deemed appropriate by their local
governments; and
WHEREAS, these funds are not intended to be used for payment of members' dues or
assessments to Lead Regional Organization or to supplant funds appropriated by the member
governments; and
WHEREAS, in the event that a request is not made by a unit of government for release of
these funds to our Regional Council, the available funds will revert to the State's General Funds;
and
WHEREAS, in Region J funds in the amount of $55,000 will be used to carry out the
economic development plan approved by the Triangle J Board of Delegates and especially to
improve the economy of the counties and towns of the Region by strengthening ties to, and
consequently, the benefits of the Research Triangle Park Area.
NOW THEREFORE BE IT RESOLVED, that the Town of Hillsborough requests the
release of its $345.89 share of these funds to the Triangle J Council of Governments at the
earliest possible time in accordance with the provjsio~~ of Section 20.12 of Senate BillI005, the
2001 ratified budget bill. Adopted this l:li:!!. day OflVlV&mb:U? . 2001 at -t1l6/!,I/5}Pflv1111it44/
kR/J5 Khuu,,e /l1ah#C- by: If vtlk ~r 5"-tJ.
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2'78
Carolyn Norris
Position Paper
11/13/2001
Page 1 on
Public Comments Opposing NC DOT's Proposed Closure of
the West Hili Avenue Railroad Crossing in Hillsborough
(TIP Y-4407C, Crossing #735 ISI W)
I am providing Town resident input on NC DOT's proposed closing of the West Hill
Avenue Railroad Crossing in West Hillsborough. I am opposed to closing mlY railroad
crossing in West Hillsborough. I do not believe that closing any crossing will increase
public safety or benefit the Town of Hills borough. I believe that routing an increased
amount of traffic down narrow, poorly equipped residential roads will increase vehicle
accidents, jeopardize the safety of the residents of West Hillsborough, increase costs to
the Town for street repair and upgrades, and fracture our neighborhoods.
I am opposed to closing either of the two railroad crossings in West Hillsborough for the
following reasons:
1) Closing the West Hill Railroad crossing will increase (more than double, based on
NC DOT traffic count statistics') the amount of traffic on Eno Street between West
Hill Ave. and Bellvue Street. Eno Street is a narrow, poorly equipped road, unable to
accommodate such a traffic increase safely. (Eno Street is already routed very close
to existing houses; widening this street would destroy yards, houses, as well as the
neighborhood.) Diverted traffic would also redistribute down Bellvue Street, Jones
Avenue, and Collins Street. Likewise, these are narrow, poorly equipped, residential
streets, unable to accommodate such a traffic increase. These roads are maintained
by the Town. This additional traffic burden would increase the Town's cost for
repairing/maintaining these roads.
2) Based on traffic accident reports on file with the Hillsborough Police Department,
since 1997, there have been 9 vehicle accidents reported in the vicinity of the Bellvue
intersection. Vehicle accident history along this area of narrow, poorly paved road
indicates that increased traffic along this route will jeopardize traffic safety.
3) The dip in Eno Street where the stream encounters the road experiences flooding
completely across the road at certain times following rainstorms. (Note existing
"High Water" signs at dip in road.) When flooded, rerouting increased traffic onto
narrow, one-lane poorly paved neighborhood streets that are unable to handle such
traffic would prove unsafe.
4) Eno Methodist Church, located on the stretch of road between West Hill and Bellvue
Avenue, does not have a parking lot. Attendees park directly on the street, on both
sides. Such street parking hinders the flow of traffic. requiring--at times--slow,
careful one-lane driving. Increased traffic along this stretch of road will increase the
potential for vehicle wrecks and pedestrian injuries when activities at the church are
underway.
5) The off-center intersection at Bellvue Street and Eno Street is unsafe for increased
traffic flow. The short distance (one car length) for waiting between the intersection
ff}lpr.
I During a phone conversation with Nancy Home on November 1,2001, she stated that a traffic volume
count conducted October 8-12, 200tfor NC DOT showed: West Hi11-1,740 crossings per day; Bellvue--
1.664 crossings per day.
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Carolyn Noms
Position Paper
11113/200 1
Page 200
and the railroad crossing anns results in awkward/unsafe traffic patterns. The
Bellvue crossing is not constructed to withstand 3A04 plus vehicle crossings per day,
especially when an increasing percentage of these vehicles are heavy-duty dump
trucks and tractor trailer trucks. Tractor-trailer trucks maneuvering through the
existing "dog leg" restricted radius turns on either side of the Bellvue crossing are
already causing other vehicles to stop and wait (sometimes direct Iv on tQP of the
railroad tracks) with the very real potential for increasing train/vehicle accidents.
Extensive crossing improvements and traffic lights will be required on both sides of
the track to accommodate increased traffic flow; much of these costs are expected to
be incurred by the Town.
6) The NC DOT traffic counts across Bellvue may be skewed low, because they were
made prior to the official opening of A Southern Season Distribution Center. The
recent opening of this Distribution Center at the comer of En 0 Street and Nash St. has
increased truck (semis as well as smaller trucks) traffic across the Bellvue crossing.
Based on discussions with the Warehouse Manager, all truck traffic going into and
out of the Distribution Center drives across the BelIvue railroad crossing. Trucks
cannot proceed under the railroad crossing due to height limitations/turning radius
restrictions, and they are not allowed to drive from Churton Street through Historic
Hillsborough. This increased traffic flow through the Bellvue crossing compounded
with the traffic from other industrial businesses, residents, D the traffic diverted
from the West Hill crossing (if closed) all concentrated through the Bellvue crossing
will create unsafe traffic configurations. Plus, the potential exists for backups to
extend down to the Distribution Center, blocking traffic flow into and out of the
Distribution Center, impacting their ability to move goods in and out. Also, because
the Distribution Center relocated from Mebane, many workers who live west of
Hillsborough in Mebane and Burlington, drive down Eno Street to reach work,
increasing the traffic counts, and adding to traffic congestion.
7) Many times I have seen tractor-trailer trucks--making deliveries or picking up loads,
going into and out of H&T Sales and Distribution, Inc. or other businesses at the
Hillsborough Business Center-where the trailer portion of the truck extends all the
way across Dinunocks Mill Road. This configuration blocks in those cars that are
waiting at the stop sign just beyond the Bellvue railroad crossing, getting ready to
turn onto Dimmocks Mill Rd and, in certain cases, has penned vehicles in, forcing
them to wait while stopped on top ofthe railroad tracks. Increased traffic through the
Bellvue crossing will increase the chance for vehicle wrecks, increase the inability of
a vehicle to move if an oncoming train approaches during these turning maneuvers.
Narrow, poorly equipped roads in this area are not built to accommodate resulting
heavy traffic or the extended lines of traffic.
8) The NC DOT traffic counts were also made prior to the recent ongoing convoy of
dump trucks travelling from Piedmont Minerals mine down Eno Mountain across the
Bellvue crossing, up the residential streets of West Hillsborough, transporting fill dirt
(mine spoils) north of town. The Bellvue crossing is not built to handle such
sustained, heavy-duty traffic. (Thirty dump trucks in 35 minutes!) These trucks are
taking advantage of the short-cut through narrow residential roads up to Lakeshore
Drive and Highway 70, to reach construction sites at areas north of Hills borough, and
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Carolyn Norris
Position Paper
11/13/2001
Page3of3
280
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returning. To help minimize excessive truck traffic at the Bellvue crossing, the Town
needs to adopt a designated truck route around West Hillsborough (similar to the one
adopted for Churton Street). To keep non-local truck traffic from crossing the
railroad, route truck traffic without a destination in West Hillsborough out Dimmocks
Mill Road and up to Highway 70.
9) Frequently, at the Bellvue crossing, if a train is approaching (when the crossing arm is
down), drivers of cars and small trucks do not wait but proceed (turn around in the
road and drive) to the railroad underpass at the intersection of Nash Street/Dimmocks
Mill, where they can drive underneath the railroad track. Increased number of such
turning maneuvers will increase vehicle wreck potential.
10) Both West Hill Avenue and Dimmocks Mill Road are roads maintained by the state
of North Carolina as a thoroughfare to keep light-duty vehicle traffic off of West
Hillsborough's residential streets. By closing the railroad crossing that connects these
two roads, this state-maintained thoroughfare will no longer be used, and the
neighborhoods and streets of West Hillsborough will be fractured by uncontrolled
traffic patterns. These state roads are built to withstand these heavier volumes of
vehicle traffic. It will be an added cost to the Town to repair and maintain Town
roads that diverted traffic would be using.
11) No train accidents at the West Hill crossing have occurred in the past 10 years to
warrant its closure.
12) Children living and playing in West Hillsborough neighborhoods along the affected
stretches of road will be endangered with increased traffic.
I urge you as representatives of the Town of Hillsborough to oppose NC DOT's proposed
closing of the West Hill Avenue Railroad crossing and to express that viewpoint to the
NC DOT representative at the public meeting on Thursday.
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281
Ordinance No. III 3100/./
The following ordinance was introduced by Commissioner Lie/PiN tow6A1
duly seconded by Commissioner &NP";h'/ ~h'ni//pv.$
, and
AN ORDINANCE ANNEXING
CERTAIN CONTIGUOUS PROPERTY
WHEREAS, a petition was received requesting the annexation of the Housewright
Builders property;
WHEREAS, the petition was signed by the owners of all the real property located within
such area; and
WHEREAS, a public hearing on the annexation was held on October 23,2001 following
notice of such hearing published in the News of Orange on October 10 and October 17,2001.
NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF
HILLSBOROUGH ORDAINS:
Section 1. The Board of Commissioners finds that a petition requesting the annexation of
the area described in Section 2 was properly signed by the owners of aU the real property located
within such area and that such area is contiguous to the boundaries of the town of Hillsborough,
as the term "contiguous" is defined in a.s. 160A-31 (t).
Section 2. The following area is hereby annexed to and made a part of the Town of
Hillsborough:
Lots 89, 90, and 91 on the Plat recorded at Book 5, Page 110 in the Orange County Registry.
The plat is titles Part of Gary Lloyd Fann and dated January 14, 1949.
Section 3. This ordinance includes a condition that a 75-foot wide buffer be provided
along the south boundary of this property within which there will be no land clearing or
disturbing. Ownership of this buffer shall transfer to either a property owners association or the
Town of HiIIsborough when the tract is developed. Additionally, lots adjacent to the buffer shall
observe a rear setback of 30 feet that will be shown on any recorded plat and enforced through
restrictive covenant.
Section 4. This Ordinance shall become effective on adoption.
Section 5. The Town Clerk shall cause to be recorded in the Office of the Register of
Deeds of Orange County and in the Office of the Secretary of State an accwate map of the
annexed territory described in Sections 2 and 3 together with a duly certified copy of this
ordinance. Such a map shall also be delivered to the Orange County Board of Elections as
required by G.S. 163-288.1.
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282
The foregoing ordinance having been submitted to a vote, received the following vote and was
duly adopted this 13th day of November, 200].
&~
own of Hillsborough
Eric Peterson, Town Manager.
Ayes: S
Noes: -tr
Ab~fClJt'~ t!~~: .p-
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-==:'..~TE OF NO.~V:IJS"AROLINA
~'J::' R~GE
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II/lilllll\'\
I, Julie V. Fogleman, a Notary Public for said County and State, do hereby certify that
Donna F. Armbrister, Town Clerk, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
Witness my hand and official seal, this the ~ day of ~~e.<<l~,.A.Ki...
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Town of Hillsborough
Donna F. Annbrister, Town Clerk
My commission expires / IVovef1J!Jtr rJ/)()l(.
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283
Ordinance No. II /3~()()J.;l,
The following ordinance was introduced by Commissioner UIA'; /"~w~N'
duly seconded by Commissioner trll1R K 5 ;';~/LJI9'#
, and
AN ORDINANCE ANNEXING
C'ERTAIN CONTIGUOUS PROPERTY
WHEREAS, a petition was received requesting the annexation of the Housewright
Builders property;
WHEREAS, the petition was signed by the owners of all the real property located within
such area; and
WHEREAS, a public hearing on the annexation was held on October 23,2001 following
notice of such hearing published in the News of Orange on October 10 and October 17, 2001.
NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF
HILLSBOROUGH ORDAINS:
Section 1. The Board of Commissioners finds that a petition requesting the annexation of
the area described in Section 2 was properly signed by the owners of all the real property located
within such area and that such area is contiguous to the boundaries of the town of Hillsborough,
as the term "contiguous" is defined in G.S. 160A-31(f).
Section 2. The foHowing area is hereby annexed to and made a part of the Town of
Hillsborough:
Lots 89, 90, and 91 on the Plat recorded at Book 5, Page 110 in the Orange County Registry.
The plat is titles Part of Gary Lloyd Fann and dated January 14, 1949.
Section 3. This Ordinance shall become effective on adoption.
Section 4. The Town Clerk shall cause to be recorded in the Office of the Register of
Deeds of Orange County and in the Office of the Secretary of State an accurate map of the
annexed territory described in Sections 2 and 3 together with a duly certified copy of this
ordinance. Such a map shall also be delivered to the Orange County Board of Elections as
required by G.S. 163-288.1.
The foregoing ordinance having been submitted to a vote, received the following vote and was
duly adopted this 13th day of November, 2001.
Ayes: ..s-
Noes: ..e--
Absent or Excused:~
c~~
Eric Peterson, Town Manager
.
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STA TE'OO INORtH CAROLINA
COUNTY OF ORANGE
2P{
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Donna F. Armbrister, Town Clerk
I, Julie V. Fogleman, a Notary Public for said County and State, do hereby certify that
Donna F. Armbrister, Town Clerk, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
My commission expires I NoVUflbeY, &JO~ .
.
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"
Attachment 9.E
AN ORDINANCE AMENDING THE ZONING MAP
OF THE TOWN OF HILLSBOROUGH
2pr
, v
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 28.22
acres on the west side of Orange Grove Road from County R-1 to town Multi-
Family (Tax Map 4.38A..1 and 1B). 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 10th day of September 2001.
Ayes: 6'
Noes: ~
Absent or Excused:-B-
L~~
Donna F. Armbrister, Town Clerk
.
.
.
2PE
AN ORDINANCE AMENDING THE ZONING MAP
OF THE TOWN OF HILLSBOROUGH
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 5.1
acres on the south side of Oakdale Drive from County zoning to Hillsborough
Residential-10. The parcels are identified as Tax Maps 4.44.B.13, 13a, and 14.
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 13th day of November 2001.
Ayes: 6"
Noes:..e-
Absent or Excused: ~
tb~~
onna F. Armbrister, Town Clerk