HomeMy Public PortalAbout12-03-2001 Regular Session
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MINUTES
HILLSBOROUGH TOWN BOARD
December 3, 2001
7:00 PM, Town Barn
The Hillsborough Town Board held a regular meeting on December 3rd, 2001 at 7:00 PM in the
Hillsborough Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sr.,
and Mayor Elect Joe Phelps; and Commissioners Frances Dancy, Evelyn Lloyd, Kenneth
Chavious, Mark Sheridan, Brian Lowen, and Commissioner Elect Michael Gering. 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, Finance Director Sherry Carter, Police Chief Nathaniel Eubanks, Management Intern Jim
Klingler, Accounting Supervisor Carolyn Glasgow, Billing/Collection Supervisor Kathy Blythe,
and Town Attorney Bob Hornik:.
PRESENTATION OF APPRECIATION TO OUT-GOING MAYOR, HORACE H.
JOHNSON, SR.
Commissipner Evelyn Lloyd read a statement of thanks to Mayor Horace Johnson for his service
to the Town and presented him with a framed Certificate of Appreciation, a gift certificate, and a
gift from the citizens of Hillsborough. He was also given his Board Meeting nameplate and the
gavel he had used while serving as Mayor.
Horace Johnson accepted the Certificate and gifts and said a few words about his tenure with the
Town.
PRESENTATION OF APPRECIATION TO OUT-GOING BOARD MEMBER BRIAN
LOWEN
Commissioner Kenneth Chavious presented Brian Lowen with a framed Certificate of
Appreciation, a gift certificate and his Board Meeting nameplate.
OATHS OF OFFICE
1. MAYOR JOE PHELPS
Rachel Phelps Hawkins, serving in her capacity as a Notary Public, administered the Oath of
Office to Mayor Joe Phelps.
2. COMMISSIONER MICHAEL GERING
3. COMMISSIONER FRANCES L. DANCY
Donna F. Armbrister, serving in her capacity as Town Clerk, administered the Oath of Office to
Commissioner Michael Gering and Commissioner Frances L. Dancy.
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. NOMINATIONS AND VOTING FOR MAYOR PROTEM
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Commissioner Gering nominated Commissioner Lloyd for Mayor Protem. Commissioner Sheridan
seconded the nomination. The Board appointed Commissioner Lloyd to the position of Mayor Protem by
a vote of 5-0. The motion was declared passed.
A short reception was held for the out-going and in-coming Board Members.
Mayor Joe Phelps called the meeting to order at approximately 7:50 PM.
1. PUBLIC CHARGE
Mayor Phelps read the Public Charge.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
Developer Roger Dale Stephens appeared before the Board and explained that he needs to
provide the Town with a Performance Bond for the completion of the work at The Swnmit
Subdivision. He has been told that his insurance company no longer issues Performance Bonds
for subdivisions. Stephens requested the Board accept a Letter of Credit in lieu of the
Performance Bond.
After some discussion by the Board, and examination of the Letter of Credit by the Town
Attorney and Town Engineer, Commissioner Dancy made a motion to accept the Letter of
Credit. Commissioner Chavious seconded the motion. The Board approved the Letter of Credit
from Rodger Dale Stephens for the completion of the work at The Swnmit in the amount of
$127,500 by a vote of5-0. The motion was declared passed.
Mr. Paul Newton requested to speak to Item 8.B.
3. AGENDA CHANGES & AGENDA APPROVAL
By consensus, the Board approved the Agenda as presented.
4. APPROVAL OF THE MINUTES OF THE NOVEMBER 13TH REGULAR BOARD
MEETING, THE NOVEMBER 13TH CLOSED SESSION, AND THE NOVEMBER
19TH SPECIAL MEETING
Commissioner Dancy noted a correction on Page 2 for the November 19th Minutes to read "big
box" .
Upon a motion by Commissioner L1oy~ seconded by Commissioner Dancy, the Board moved
to approve the Minutes of the November 13th Regular Board Meeting, the November 13th
Closed Session, and the November 19th Special Meeting with the aforementioned change by a
vote of 5-0. The motion was declared passed.
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. 5. REPORT FROM THE TOWN MANAGER
Assistant Town Manager/Public Works Director Demetric Potts reported that he has received
calls from citizens in Cornwallis Hills regarding leaf collection. He explained that the Town
was unable to make the Friday pick-up last week due to staff preparing for the Candle Light
Tour. He reported that leaves would be picked up according to the Garbage Route Schedule.
Planning Director Margaret Hauth reported the new Museum Director offered to have some of
the historic papers in the Town Hall evaluated for restoration. She requested permission to have
the papers examined for restoration possibilities and obtain estimates for the Board's
consideration. By consensus, the Board authorized the restoration evaluation.
6. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel gave a status report on all current Water and Sewer Projects.
7. ITEMS FOR DECISION - CONSENT AGENDA
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A. Approve Change Order for Fairview Community Policing Station in the amount of
$821.00 to Keck Construction Company
B. Consider Approving Agreement with the Trading Path Preservation Association to allow
the development of a hiking trail on Town property for the purpose of educating the
public about remaining trading paths from early in HilIsborough' s history
Commissioner Lloyd requested that Consent Agenda Item 7.B be removed for separate
consideration. By consensus, the Board agreed and added this as the first Item on the Regular
Agenda
Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board
moved to approve Item 7.A of the Consent Agenda as presented by a vote of5-0. The motion
was declared passed.
8. ITEMS FOR DECISION - REGULAR AGENDA
ADDED ITEM 7.B Consider Approving Agreement with the Trading Path Preservation
Association to allow the development of a hiking trail on Town property for the purpose of
educating the public about remaining trading paths from early in HilIsborough's history
Commissioner Lloyd expressed concerns regarding the hiking trail crossing Barracks Road on
private property.
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Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved
to approve the Agreement with the Trading Path Preservation Association to allow the
development of a hiking trail on Town property for the purpose of educating the public about
remaining trading paths from early in Hillsborough's history contingent on the stipulation that
the hiking trail no cross Barracks Road onto private property by a vote of 5-0. The motion was
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declared passed.
A. Review draft development proposal from Kelly Barnhill for Old Mill Ridge
development (requested by Board in advance of calling Public Hearing for Annexation)
Planning Director Margaret Hauth introduced Mike Camann with Callemyn-Parker. Mr.
Camann, representing Kelly Barnhill, appeared before the Board and presented a draft
development proposal for Old Mill Ridge Development.
Commissioner Gering suggested that the property be studied to see if any historic trading paths
exist there.
By consensus, the Board directed the Staff to update the Annexation Feasibility Study to reflect
the new number of lots and have the existence of historic trading paths investigated for the
Board's consideration at the January 2002 Regular Board Meeting.
B. Consider an Ordinance amending Chapter 6, Section 6A-6 Four Way Stop to add
Woodbury Drive and Baycourt Trail
Paul Newton addressed the Board and expressed his pleasure with this recommended 4-way
stop and requested another 4-way stop for the intersection of Beckett's Ridge Road at Oakhurst
Trail and Woodbury Street.
. By consensus, the Board directed the Staff to investigate the need for a 4-way stop for the
intersection of Beckett's Ridge Road at Oakhurst Trail and Woodbury Street and report back to
them at the January 2002 meeting. A copy of the Ordinance is hereby made a part of these
official Minutes as an Attachment.
Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board
moved to adopt the Ordinance amending Chapter 6, Section 6A-6 Four Way Stop to add
Woodbury Drive and Baycourt Trail as presented by a vote of 5-0. The motion was declared
passed.
C. Consider an Ordinance amending Chapter 6, Section 6A-12 Speed Limits to add
Beckett's Ridge Drive Extension as a 25 MPH Zone
Town Manager Eric Peterson presented the Ordinance for the Board's consideration.
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board adopted
the Ordinance amending Chapter 6, Section 6A-12 Speed Limits to add Beckett's Ridge Drive
Extension as a 25 MPH Zone as presented by a vote of 5-0. The motion was declared passed.
D. Christmas decorations update from the Assistant Town Manager/Public Works Director
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Assistant Town Manager/Public Works Director Demetric Potts addressed the Board and
reported that the current electrical connections for the Christmas Decorations are not up to the
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current code. According to Duke Power policies and guidelines, any connections that were
made prior to 1999 were grand fathered and did not need to meet the new code standards. Our
connections were made in 2000, which means they should have been connected under the
guidelines of the current code, which requires that the connections be on a metered system.
Duke Power is allowing the Town to install our Christmas decorations this year with the
existing connections, but when we remove the decorations in January, Duke Power will
disconnect and clear those connections from their lines. If the Town plans to continue having
lighted Christmas decorations, we will have to make connections to the Duke Power lines under
the current code. This means that the Town will have to go with a metered system. Currently
the cost for a metered connection is $12 per month per meter or $144 per year. The Town
currently has 40 Christmas decorations, therefore, in theory it would cost the Town $5,760
annually for the service connection.
Assistant Manager Potts informed the Board that he will be working with Thompson Electric
beginning in January on developing a costing plan for the installation of the necessary
equipment for making the metered connections and will report back to the Board as soon as the
information is available.
E. Cohsider assignments of Board Members for Key Committee Seats
By consensus, the Board made the following committee seat assignments:
. Town of Hillsborough Representative on TJCOG Board of Delegates -
Commissioner Dancy
. Alternate Town of Hills borough Representative on TJCOG Board of Delegates -
Mayor Joe Phelps
. Alternate Town of Hills borough Representative on the TAC - Commissioner
Gering
. Town of Hillsborough Representative on the Orange County Schools Land Use
Council - Commissioner Gering
. Town of Hillsborough Delegate on the Upper Neuse River Basin Association-
Mayor Joe Phelps
F. Consider setting a date and discuss possible locations for the FY02-03 Goal Setting
Retreat
After some discussion, and by consensus, the Board scheduled the FY02-03 Goal Setting
Retreat for Saturday, February 9,2002. Mayor Phelps and Commissioners Gering and Sheridan
agreed to work with Town Manager Peterson on a Retreat Planning Committee.
G. Consider request for Additional Operator at Wastewater Treatment Plant
Town Engineer Keel reiterated from the October Board Meeting the strong need for an
additional Operator at the Wastewater Treatment Plant. It was previously thought to be
possible to wait until the new fiscal year in July to add this position, however, it is now apparent
that the need is immediate. There are currently on 4 Operators at the plant, and they operate the
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plant 24 hours a day. That staffmg level is the bare minimum possible for continuous plant
operation, and does not allow for any time off for holidays, vacation, sick leave, etc. The Town
now has one Operator out of work on Short Term. Disability Leave due to recent major surgery.
Therefore, there are now only 3 Operators running the plant.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to authorize a new Operator position at the Wastewater Treatment Plant by a vote of 5-0. The
motion was declared passed.
H. Update on the Costs of the Reservoir Project
This Item was tabled until the Town Attorney receives the verdict from the latest Reservoir
Litigation Case.
9. APPOINTMNENTS
A. Re-appoint Cathy Carroll to second full term. on the Planning Board, with a term to
expire December 2004
. Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board
moved to re-appoint Cathy Carroll to a second full term on the Planning Board (Term. expiring
December 2004) by a vote of 5-0. The motion was declared passed.
. 10. ADJOURN
Upon-a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board
. mov€(d to adjourn at approximately 9:30 PM by a vote of 5-0. The motion was declared passed.
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Respectfully Submitted
Donna F. Armbrister, CMC
Town Clerk
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ATTACHMENT 8.B
AN ORDINANCE AMENDING SECTION 6 OF THE TOWN CODE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF mLLSBOROUGH
ORDAINS:
Section 1.
Section 2.
Section 3.
Section 6A-6 of the Hillsborough Town Code is hereby amended to add the
following three and four way stops:
Section 6A-6 Four Way Stop: Three Way Stop
Four Way Stops
In accordance with Subsection 6-4(b), the administrator shall erect stop
signs on the following streets at each approach to the intersection:
Intersecting Streets
Beckett's Ridge Drive Extension (E), Woodbury Drive (N), and Beckett's
Ridge Drive (W), Baycourt Trail (8)
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,t/) day of .~-A'Y1he.R.. :l001.
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Ayes: S
Noes: -a-
Absent or Excused 0"'
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ATTACHMENT 8.C
AN ORDINANCE AMENDING CHAPTER 6, MOTOR VEmCLES AND TRAFFIC
APPENDIX A, SECTION 6A-12 OF THE HlLLSBOROUGH TOWN CODE
The Board of Commissioners of the Town of Hills borough ordains:
SECTION 1. 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
Becket'ts Ridge Drive Extension
Millstone Drive
Beckett's Ridge Drive
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 thiu RIJ day of })W..AIb&:R/;Z1JI) ( .
Ayes: ~
Noes: ~
Absent or Excused ff
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D. nna F. Armbrister, Town Clerk