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HomeMy Public PortalAbout03-11-2002 Regular Session . . . '='8-\ V l/ MINUTES HILLSBOROUGH TOWN BOARD March 11, 2002 7:00 PM, Town Barn The Hillsborough Town Board held a regular meeting on March 11, 2002 at 7:00 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Frances Dancy, Evelyn Lloyd, Kenneth Chavious, Mark Sheridan, and 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, Utility Analyst Julie Fogleman, Finance Director Sherry Carter, Police Chief Nathaniel Eubanks, and Town Attorney Bob Hornik SPECIAL JOINT PUBLIC HEARING to consider Annexation and Zoning Requests from Old Mill Properties to annex 34 acres between Beckett's Ridge and Old Mill Business Park and zone the parcel R-IO (residential with a 10,000 square foot minimum lot size)_ Tax Map 4.40.A.22. Mayor Joe Phelps call the Joint Public Hearing to order at 7:00 PM. He then turned the hearing over to Planning Board Chair Ed Gill. Ed Gill announced there had been a misprint in the newspaper stating the Public Hearing tonight would be regarding the Waterstone Development. This was incorrect; tonight's Public Hearing is to receive comments on Annexation and Zoning Requests from Old Mill Properties. Planning Director Margaret Hauth gave a summary of the Public Hearing Item and fielded questions from the Boards. Parker Sniffin with Sear Brown, appeared before the Board and reviewed the latest amendments to the Old Mill Properties plan. He highlighted the stub-out road connection to adjacent property and recreation improvements. Commissioner Chavious asked about active recreation opportunities for adults. Sniffin said the plan shows one option and can be changed. Don Charland, resident of Beckett's Ridge, addressed the Board expressing concerns with the proposed lot sizes. He stated that he is opposed to the rezoning due to the small lot sizes and the additional traffic this development will cause. Stephen Taylor, resident of Beckett's Ridge, addressed the Board stating his opposition to the rezoning. He expressed concerns about a possible water shed in the area and the additional traffic. Margaret and Bill Cloud addressed the Board and echoed the concerns already stated. They also stated that they were assured of the zoning of the area would not allow development when they purchased their property. Bill Cloud asked for a demonstration that the current zoning allowing office uses is unfit. . .. . 08'\1 v ..il.. Quinn asked the impact of this development on the Town financially. Manager Peterson said it would provide a benefit to the water fund and nearly break even in the general fund. Commissioner Sheridan asked the distance between Beckett's Ridge and Cates Creek. Sniffen estimated the distance to range between 240' and 400' depending on where you measure from. Daniel asked whether the cul-de-sacs could be eliminated. Sniffen said it would require a creek crossing, but it is possible. There being no other comments, Planning Board Chair Ed Gill closed the Public Hearing and turned the meeting back over to Mayor Joe Phelps. The Planning Board was dismissed. Mayor Phelps called the Town Board meeting to order and requested to move Item 9.B regarding the Skating Park to be heard first due to the number of citizens waiting to hear from that issue. The Board agreed. ITEM 9.8 Jamie Culp will make a presentation to the Town Board requesting a Skating Park be built in Hillsborough Ms. Jamie Culp introduced skateboarder Mitchell Dillard. Mitchell addressed the Board to request their consideration of building a public Skate Park in Hillsborough. He stated there isn't anything for teens to do in Hillsborough. He informed the Board that they have researched possible funding options to pay for the Park. Skateboarder Devon Sheridan appeared before the Board and suggested a Skate Park be located near the Collins field Ball Park. Skateboarder Steven Gentry addressed the Board and expressed his desire for a Skate Park stating that the Police and Citizens do not like them skating on the streets or sidewalks. Skateboarder Katie Gaster addressed the Board stating her complete support for a Skate Park. She expressed willingness to work to build ramps. Steven Kimball, employee at C&R Sports, addressed the Board explaining that he is continually asked questions on where the youth can skate and he has no place to direct them. Skateboarder Jeffrey Smith addressed the Board and stated his support of a Skate Park. Skateboarder Brian Walker addressed the Board expressing his support of a Skate Park telling them that skating is a positive out-let for the teens. A Skate Park would make it safe for them. Skateboarder John Hightower addressed the Board and stated his support of a Skate Park. Chris and Debbie Kimball appeared before the Board expressing their support of the youths' request for a safe environment where then skate. Kristin Smith appeared before the Board and stated that she also supports a Skate Park. 2 . . . I)Q2 vU Thomas Tuck, Orange High School Junior, addressed the Board speaking in favor of a Skate Park. He suggested a possible location as being the area in the Walmart Parking Lot where the Dog House used to be. He reminded the Board that this is not the first time that the issue of a Skate Park has been brought up. He stated that he had discussed the issue with the previous Mayor and Town Manager back in 2000. Ryan Bateman addressed the Board and spoke in support of a Skate Park. Mayor Phelps suggested that the staff contact Ms. Jamie Culp to set up a meeting with the Parks & Recreation Board to investigate possibilities. He also suggested the staff investigate work with the County on this issue. Interview 3 candidates for two-in-town vacancies on the Planning Board Interview 2 candidates for vacancies on the Historic District Commission Interview 1 candidate for a vacancy on the Parks and Recreation Board Attachment (Applications) Attachment (Applications) Attachment (Applications) The Town Board interviewed Paul Newton, Matthew Farrelly, Barbara Church and George Campbell as volunteers to fill vacancies on the Planning Board, Historic District Commission, and the Parks and Recreation Board. 1. PUBLIC CHARGE - Mayor Joe Phelps did not read the Public Charge, but stated that it would be followed and that he expected the Board and Audience to conduct themselves with courtesy and respect. 2, AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA Mr. Milton Adams requested to address the Board regarding the "No Parking" regulations on Hassell Street. The Board agreed. Mr. Adams explained the difficulty he is having parking in that area. Town Manager Eric Peterson stated that he is looking into making some changes to the current Ordinance to allow more flexibility. Commissioner Dancy added to the Agenda as Item 9.J A Discussion of the Condition of the Town's Flags downtown. Commissioner Gering added to the Agenda as Item 9.K A Discussion of negotiations with Developers on tax incentives. Mayor Phelps added to the Consent Agenda as Item 8.H A Revised Grant and Loan Resolution. 3 . . . 'lO .') 00,) 3. AGENDA CHANGES & AGENDA APPROVAL By consensus, the Board approved the printed Agenda with the aforementioned additions. 4. APPOINTMENTS A. Appointment to fill one partial-term in-town vacancy on the Planning Board with a term to expire November 2003 Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to appoint Matthew Farrelly to fill one partial-term in-town vacancy on the Planning Board with a term to expire November 2003 by a vote of 5-0. The motion was declared passed. B. Appointment to fill one in-town vacancy on the Planning Board with a term to expire March 2005 Upon a motion by Commissioner Chavious, seconded by Commissioner Sheridan, the Board moved to appoint Paul Newton to fill one in-town vacancy on the Planning Board with a term to expire March 2005 by a vote of 5-0. The motion was declared passed. C. Appointment to fill two partial term vacancies on the Historic District Commission. One term expires November 2002. One expires November 2003 Planning Director Margaret Hauth explained that the term expiring November 2002 has not been vacated and therefore will not need to be filled. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to appoint Barbara Church to fill a partial term vacancy on the Historic District Commission with a term to expire November 2003 by a vote of 5-0. The motion was declared passed. D. Re-appoint David Daniel to second full term on the Planning Board with a term to expire March 2005 Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved to re-appoint David Daniel to second full term on the Planning Board with a term to expire March 2005 by a vote of 5-0. The motion was declared passed. E. Appointment to fill one vacancy on the Parks and Recreation Board with a term to expire March 2005 Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to appoint George Campbell to fill a vacancy on the Parks and Recreation Board with a term to expire March 2005 by a vote of 5-0. The motion was declared passed. 4 . . . r;o~ oJ U ~.t 5. APPROVAL OF THE MINUTES OF THE FEBRUARY 9, 2002 STRATEGIC PLANNING & BUDGETING WORKSHOP, THE FEBRUARY 11,2002 REGULAR TOWN BOARD MEETING, AND THE FEBRUARY 25, 2002 MONTHLY WORKSHOP Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Minutes ofthe February 9,2002 Strategic Planning & Budgeting Workshop, the February 11, 2002 Regular Town Board Meeting, and the February 25,2002 Monthly Workshop as presented by a vote of 5-0. The motion was declared passed. 6. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reminded the Board that he is working on the Town Budget now and asked for their patience on other issues during this time. 7. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel was out of town and not able to be present at the meeting. The Board was given his printed status report and there were no questions. Mayor Phelps requested to add a Closed Session at the end of the meeting for the purpose of discussing a personnel issue. The Board agreed. 8. ITEMS FOR DECISION - CONSENT AGENDA A. Consider authorizing the staff to award a Contract to Severn Trent Pipeline Services to Perform Sewer System Evaluation Services B. Consider authorizing the staff to award a Contract to Severn Trent Pipeline Services to complete a Water Master Plan C. Consider Acceptance and Initiate One-Year Warranty Period of the Water & Sewer Utilities, Streets, and Storm Drainage Facilities for the Summit Subdivision D. Consider approving a Change Order to the Wastewater Treatment Plant Improvements Project E. Consider approving Water/Sewer Extension Contract for Hampton Pointe Commercial Center Project F. Consider approving Miscellaneous Budget Amendments G. Consider approving a Resolution Accepting New Street Rights of Way for Ownership and Maintenance ADDED ITEM 8.H A Revised Grant and Loan Resolution There was some discussion regarding Items A, B, C, and D. Town Manager Peterson elaborated on these Items and fielded questions from the Board. Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to approve Items A, B, C, E, F, G, & H of the Consent Agenda as presented and Item D with the exclusion of the removal and replacement of the handrails which would be addressed at a later time by a vote of 5-0. The motion was declared passed. A copy the Miscellaneous Budget Amendments and the Resolution Accepting New Street Rights of Way for Ownership and 5 . . . ,....,;5 ;.;u Maintenance are hereby made a part of these official Minutes and Attachments. 9. ITEMS FOR DECISION - REGULAR AGENDA A. The Board will discuss and consider a recommendation to NCDOT regarding the proposed closing of railroad crossings at West Hill Avenue and Bellvue Street After some discussion, and upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board directed the staff to advise NCDOT that the Town of Hillsborough desires not to have either railroad crossing closed by a vote of 5-0. The motion was declared passed. B. Jamie Culp will make a presentation to the Town Board requesting a Skating Park be built in Hillsborough This Item was heard earlier in the meeting. C. Consider Letter of Interest Requesting Voluntary Contiguous Annexation from Primm Properties, Eastern Town Limits, North Side of70A, 118 acres Jim Anthony, representing the Primm family heirs, addressed the Board and requested the receive a letter of interest in annexation of property which will most likely be developed into a single family development with low density similar in price to those in Beckett's Ridge. Bill Crowther, Manager of an adjoining property, addressed the Board and explained there exists a 20' strip ofland that has a non-deeded right-of-way with two adjoining property owners. Commissioner Lloyd made a motion to deny the request for consideration of annexation. The motion died for lack of a second. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to defer consideration ofthis annexation until the Town has defined its Strategic Plan by a vote of 5-0. The motion was declared passed. D. Discussion of concerns relating to Pan Handling in Hillsborough Mayor Phelps informed the Board of several complaints he has received on pan handling in the downtown area. Town Attorney Bob Hornik suggested he take the current Ordinance and draft some amendments for the Board to consider. By consensus, the Board agreed. E. Update on Cable Television Issue Town Manager Eric Peterson reported that the most recent:filing for Basic Service Teir, 6 . . . ,... I) " .:)00 Equipment and Installation they had considered from Timewarner Cable has been legally challenged by the Town of Smithfield. The Town has not signed this rate filing yet, and the Manager recommended it be placed on hold until the outcome ofthe Smithfield case is known. By consensus, the Board agreed. F. Discuss Downtown Streetscape Improvements and Possible Request for TEA-21 Funding of the Project Town Manager Peterson informed the Board that the Tourism Board would like for the Town to request TEA-21 Funding for the Downtown Streetscape Improvements Project. The Manager presented projected figures to the Board but made it clear that more definite utility costs would need to be obtained before moving forward with the project. G. Receive status report on the implementation ofthe revised Vision 2010 Planning Director Margaret Hauth reminded the Board that at their Strategic Planning & Budgeting Workshop they had directed her to provide them with information on the status of Vision 2010 priority items. She presented a report containing 95 action items showing their current status of implementation. Mayor Phelps suggested that some of these items be placed on future Monthly Workshop Agendas. H. Discuss options to consider and implement proposed Adequate Public Facilities Ordinance Planning Director Hauth presented this Item to the Board and explained that the Town is being asked to participate with Orange County and the Orange County School system to consider available and planned space in public schools when considering the approval of developments. This mechanism is meant to smooth out the peaks and valleys in school enrollment and plan into the future when new facilities are needed. The same mechanism is proposed for the Chapel Hill/Carrboro School System. By consensus, the Board deferred any action on this Item until more information is received. I. Discuss Recycled Materials Ordinance adopted by Orange County and whether to implement Planning Director Hauth reported Orange County recently passed this Recycled Materials Ordinance that regulates recyclable construction. The Town is asked to adopt this Ordinance if it chooses to participate. Much ofthe material coming into the Construction and Demolition landfill is recyclable if it is separated. This Ordinance mandates that separation. Permitting and enforcement, if the Town chooses to participate, would be done through Orange County staff. There is a proposed 6-month grace period to help educate the public about the new processes. By consensus, the Board directed staff to have a representative from Orange County attend the 7 . . . 007 ..;0 April Monthly Workshop and provide a recycling update. ADDED ITEM 9.J A Discussion of the Condition of the Town's Flags downtown Commissioner Dancy expressed her concerns with the deterioration of the US Flags downtown since they have been flying since September 11, 2001. By consensus, the Board authorized staff to take down aU flags except four placing two by the Town Annex and two at the bridge going out ofTowo. ADDED ITEM 9.K A Discussion of negotiations with Developers on tax incentives Commissioner Gering asked what if any negotiations the Town can do with developers. Town Attorney Bob Hornik stated that in the state of North Carolina there are very limited statutory regulations on what a municipality can do. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to go into Closed Session for the purpose of discussing a personnel matter by a vote of 5-0. The motion was declared passed. 11. ADJOURN Upon returning to Open Session and upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, 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. Armbrister, CMC Town Clerk 8 Town of IfIlnl~ ATTACHMENT 8.F 3DS BUDGET AMENDMENTS MARCH, 2002 1. GENERAL FUND BEFORE ~ AFTER ADJ. EXPENDITURES: 10-4200-020 Admin.-Salaries $ 147,500 $ 1,013 $ 148,513 10-4200-970 Admin.-Serv.Chg. To W/S Fund (232,500) (506) (233,006) 10-4400-020 Finance-Salaries 147,500 4,525 152,025 10-4400-970 Finance-Serv.Chg. To W/S Fund (152,500) (2,263) (154,763) 10-4900-020 Planning-Salaries 79,000 1,055 80,055 10-5100-020 Pol ice-Salaries 1,079,200 26,040 1,105,240 10-5550-020 Motor Pool-Salaries 103,700 1,019 104,719 10-5550-970 MP-Serv. Chg. To W/S Fund (112,000) (509) (112,509) 10-5600-020 Street-Salaries 49,500 1,386 50,886 10-5700-020 Powell Bill-Salaries 77,400 1,458 78,858 10-5800-020 Sanitation-Salaries 210,500 2,219 212,719 . 10-9990-000 Contingency 138,300 (35,437) 102,863 $1.535600 $ $ 1 535.600 WATER FUND EXPENDITURES: 30-7220-611 Eng.-Serv.Chg.-Admin. $ 231,300 $ 506 $ 231,806 30-7220-612 Eng.-Serv.Chg.-Finance 152,500 2,263 154,763 30-7220-613 Eng.-Serv .Chg.-Motor Pool 112,000 509 112,509 30-8120-020 Water Plant-Salaries 214,000 1,077 215,077 30-8140-020 Water Dist.-Salaries 152,700 389 153,089 30-8200-020 Wastewater Coll.-Salaries 152,700 389 153,089 30-8220-020 Wastewater Plant-Salaries 304,000 2,177 306,177 30-9990-000 Contingency 145,000 (7,310) 137,690 $1.464.200 $ $ 1 464 200 To transfer funds for the pay and classification study to departmental salary accounts, 2. CAPITAL PROJECTS FUND REVENUE: 62-3850-200 Proceeds/Loan/WWTP Upgrades $ $ 750000 $ . 137 North Churton Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-2104 · Fax: 919-732-1028 . . . March, 2002 Budget Amendments Page 2 EXPENDITURES: 62-8220-570 Miscellaneous/Contingency $ 62 -8220-720 Construction 62-8220-721 Eng. Services During Construction $ To set up Capital Projects Fund for the Wastewater Treatment Plant upgrades. Approved: 5-0 Vole ()~ P3-//-0z.., Verified: D $ 106,585 614,415 29,000 750 000 $ ("101"\ j 0;:; $ $ ATTACHMENT 8.(; r:. 9 t, v\.. ,} RESOLUTION ACCEPTING THE DEDICATION OF . NEW STREET RIGHTS-OF-WAY FOR OWNERSHIP AND MAINTENANCE WHEREAS, the following street have been offered to the Town of Hillsborough for public ownership and maintenance; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF COMMISSIONERS OF THE TOWN OF HILLS BOROUGH, the Town does hereby formally accept the dedication of the following street rights-of-way: Street Name Length (convert feet to hundredths of a mile) Beckett's Ridge Drive Extension Summit Drive High Court Scotsburg Trail 0.316 0.55 0.03 0.06 . The foregoing Resolution having been submitted to a vote, received the following vote and was duly adopted this // M day of /)1,IJluA A'~;?. Ayes: 6" Noes: -e-- Absent or Excused: P o helps, Mayor own of Hillsborough Attest: . RESOLUTION BY GOVERNING BODY OF APPLICANT 09~ v .JL WHEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina Clean Water Revolving Loan and Grant Act of 1987 have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems and . WHEREAS, The Town of Hillsborough has need for and intends to construct a water supply system project described as construction of a water treatment plant upgrade including all appurtenances, and The Town of Hillsborough intends to request State grant and loan assistance for the project, WHEREAS, NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE TOWN OF HlllSBOROUGH . That the Town of Hillsborough will arrange financing for all remaining costs of the project, if approved for a State grant and loan award. The Town of Hillsborough will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for prorer operation, maintenance, and administration of the system and the repayment of al principal and interest on the debt. That the Board of Commissioners agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the Town of Hillsborough to make scheduled repayment of the loan, to withhold from the Town of Hillsborough any State funds that would otherwise by distributed to the Town of Hillsborough in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan. That the Town of Hillsborough will provide for efficient operation and maintenance of the project on completion of construction thereof. That Eric Peterson, Town Manager and successors so titled, is hereby authorized to execute and file an application on behalf of the Town of Hillsborough with the State of North Carolina for a loan to aid in the construction of the project described above. That Eric Peterson, Town Manager and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That the Town of Hillsborough has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted this 11th day of March, 2002 at the Town of Hillsborough, North Carolina. . . . . f) 9.J V i. MEMORANDUM .. ~~KSDN EngiNeers . Pllllln'~ . Su''''yors LAndswpe Arcfijlt!(rs 616 Colonnade Drive Charlotte, North Carolina 28205 704-334-5348 TO: Eric Peterson FROM: Mike Osborne DATE: March 11, 2002 RE: Revised Grant and loan Resolution WKD# 90407.10 A Enclosed is the revised resolution for the grant and loan for the water plant upgrade project. The resolution appoints you as the delegated official with the authority to sign documents and speak for the Board in conjunction with the grant and loan. It also requires that the Town repay the loan and collect revenue to maintain the plant following project completion. The resolution is similar to the resolution originally adopted in September 1999, except the phrase "and other available funds" is added in p~ragraph 4. The updated resolution is required to achieve ready to proceed status to start construction and receive grant funds. CERTIFICATE OF RECORDING OFFICER 393 .e undersigned duly qualified and acting Town Clerk of the Town of Hillsborough does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the Board of Commissioners duly held on the 11th day of March, 2002; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this L day of March, 2002. ~\\\lIHI/fI!1 "" HILL "'/ "" Orr 8s. J'......... ,,:'~~ ~ ~ ..... ..~-- 0"" ~o c.~ - I-. Town - : of G> = = Hill~ . gh ~ ~ - ... -:.~ ~ -=-.. 0..(\ ~ ~ $ ....... ' Tl"ly ~~ ", ""'" CARO \\,\' ""'"1111"'\ ,~~ onna F. Armbrister, Town Clerk . .