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
.
.