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Home My Public Portal About05-13-2002 Regular Session . . . 418 Town & of Hill~~ gh MINUTES HILLSBOROUGH TOWN BOARD May 13, 2002 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on May 13, 2002 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Frances Dancy, Evelyn Lloyd, Mark Sheridan, and Michael Gering. Absent from the meeting was Commissioner Kenneth Chavious. 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, and Town Attorney Bob Hornik Mayor Joe Phelps called the meeting to order at 7:34 PM. 1. PUBLIC CHARGE Mayor Joe Phelps read the Public Charge. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA Mr. Shawn Jeffiies introduced himself as a member of the Occaneechi Band of the Saponi Nation. He reported to the Board that after years of research, lawsuits, court hearings and struggle, the Occaneechi Band of the Saponi Nation can finally claim North Carolina tribal recognition after a judge signed an order this week making it official. Jeffiies explained that in order to obtain official North Carolina recognition, a tribe must submit evidence to the N. C. Commission' on Indian Affairs to show it meets six of eight criteria, which includes such things as 200 years of family lineage, traditional Indian names and links to other tribes. He reported that there is one more step that has to be taken, but it should be just a formality. Local legislators must write a bill to submit to the General Assembly giving the tribe a seat on the Indian Commission. Jeffiies stated that this recognition means different things. For some, it's a matter of personal pride. For the tribe as a whole, it could open up educational and housing opportunities an~ grant money. Young people may be able to apply for scholarships for which they had not been eligible, and older people could get some housing assistance, Jeffiies said. The tribe's next goal is to obtain official national recognition. 3. AGENDA CHANGES & AGENDA APPROVAL Mayor Phelps removed Items 6.B and 9.D from the Agenda. By consensus the Board added an appointment to the Tourism Board as Item 4.D, an appointment to the Justice Facilities Planning Committee as Item 4.E, and a discussion of the proposed Waterstone Development as Item 10.N. 1 . . . 419 4. APPOINTMENTS A. Reappoint Amy Newton for a three-year term, to the new Orange Community Housing & Land Trust Board of Directors Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to re-appoint Amy Newton Newton for a three-year term, to the new Orange Community Housing & Land Trust Board of Directors by a vote of 4-0. The motion was declared passed. B. Appoint two Board Members to serve on the Joint Orange Grove Road Transportation Group with Orange County Commissioners Lloyd and Gering volunteered to serve. By consensus, the Board appointed Commissioners Lloyd and Gering to serve as the Town's Representatives on the Joint Orange Grove Road Transportation Group with Orange County. C. Appoint two Board Members to serve on the Fairview Park Planning Committee Commissioner Sheridan volunteered to serve. By consensus, the Board nominated Commissioner Chavious to also serve. By consensus, the Board appointed Commissioners Sheridan and Chavious to serve as the Towns Representatives on the Fairview Park Planning Committee. ADDED ITEM D. Appoint Dallas Pridgen to an At-Large two-year term on the Tourism Board. Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to appoint Dallas Pridgen to an At-Large two-year term on the Tourism Board by a vote of 4-0. The motion was declared passed. ADDED ITEM E. Appoint a Board Member to serve on the Justice Facilities Planning Committee. Mayor Joe Phelps volunteered to serve. By consensus the Board appointed Mayor Joe Phelps to serve as the Town's Representative on the Justice Facilities Planning Committee. 5. APPROVAL OF THE MINUTES OF THE APRIL 8, 2002 REGULAR BOARD MEETING, THE APRIL 22, 2002 MONTHLY WORK SHOP, AND THE APRIL 23, 2002 QUARTERLY JOINT PUBLIC HEARING WITH THE PLANNING BOARD Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Minutes of the April 8, 2002 Regular Board Meeting, the April 22, 2002 Monthly Workshop, and the April 23, 2002 Quarterly Joint Public Hearing with the Planning Board as presented by a vote of 4-0. The motion was declared passed. 2 . 420 6. REPORTS A. Receive a Report from Holly Reid on" Walkable Hillsborough Day" on June 1 st, requesting support for the event Ms. Holly Reid addressed the Board and reported on the First Annual Walkable Hillsborough Day. She stated the Town's endorsement was being requested. Ms. Reid informed the Board that Walkable Hillsborough Day (also registered as a National Trails Day "Hikes for Health") is scheduled for June 1, 2002 from 9-11 AM beginning at the Old Courthouse. The objective is to encourage residents to use non-automobile transportation (walking, hiking, biking, etc.) for community vitality, neighborliness and interaction, good health, reduced pollution, and street safety. Also, facilitate discussions about improved pedestrian/bike accessibility throughout our community and urge a wide range of improvements for Hillsborough to our elected officials, such as: sidewalks/walklanes to schools, parks and businesses, greenways/walkways/bikeways between communities in Hillsborough (East and West Hillsborough, Eno River, Fairview, ChurtonGrove, Daniel Boone, Meadowlands, Beckett's Ridge, etc.), and overall town/county growth to encourage nodes of development for viable community shuttle transportation. B. Receive an update from Roger Smith on the Hillsborough Cropwalk This Item was removed from the Agenda earlier in the meeting. . 7. REPORT FROM THE TOWN MANAGER . Town Manager Eric Peterson informed the Board that he has authorized the disposal of various pieces of Town property via a Town Surplus Property Auction which is being coordinated by Fleet Maintenance Supervisor John Cook to be held sometime in June. The Board will be advised ofthe Auction details once determined. Manager Peterson requested feedback from the Board on placing information in the upcoming Citizen's Newsletter regarding the Town's loss of State Revenues. By consensus, the Board authorized the Manager to write an article on the loss of State Revenues for publication in the upcoming Citizen's Newsletter. 8. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented a status report on all current Water/Sewer Projects. 9. ITEMS FOR DECISION - CONSENT AGENDA A. Approval of Resolution Authorizing Automatic Payment Agreement to Pay Debts on the WWTP Upgrades relating to the $750,000 lease-purchase agreement with Bank of America B. Consideration of Budget Amendments related to funding repairs to the bay floor at the Fire Station 3 . . . 421 C. Consideration of an Agreement Between the Town of Hills borough and the Orange Rural Fire Department D. Initial Acceptance & Start of Warranty for Churton Grove Subdivision Phase 2B (water & sewer utilities only) E. Consideration of an Ordinance Amending Chapter 4, Personnel; Section 4-23 regarding Sick Leave use toward Retirement Credit F. Consider Authorizing the ''writing oft" Unpaid Dormant Water/Sewer Accounts From July 1, 1995 to June 30, 2000 Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to approve Items 9.A, 9.B, 9.C, 9,E, and 9.F as presented by a vote of 4-0. Item 9.D was removed from consideration earlier in the Meeting. A copy of the Resolution Authorizing Automatic Payment Agreement, a copy of the Budget Amendments, and a copy of the Ordinance Amending Chapter 4 are hereby made a part of these official Minutes as Attachments. 10. ITEMS FOR DECISION - REGULAR AGENDA A. Presentation of Proposed FY03 Annual Budget and FY03-FY05 Financial Plan Town Manager Eric Peterson presented the Proposed FY03 Annual Budget and FY03-FY05 Financial Plan for the Board's consideration and offered to meet with any of the Board to address any questions they may have. B. Consider a Resolution, to be sent to the General Assembly and Governor, that Municipal Revenue Sources be made secure Manager Peterson requested the Board consider approving a Resolution Requesting that Municipal Revenue Sources Be Made Secure. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Resolution Requesting that Municipal Revenue Sources Be Made Secure as presented by a vote of 4-0. This motion was declared passed. A copy of this Resolution is hereby made a part ofthese official Minutes as an Attachment. C. Consideration of an Ordinance to Rezone 1.2 acres at the northeast corner of West King St. and West Hill Ave. from R-15 to R-I0 Planning Director Margaret Hauth presented this Ordinance for the Board's consideration. She stated that no neighbors spoke at the rezoning hearing and that the Planning Board voted 8-1 to recommend approval of this rezoning. Upon a motion by Commissioner Dancy, seconded by Commissioner Sheridan, the Board moved to adopt the Ordinance to Rezone 1.2 acres at the northeast corner of West King St. and West Hill Ave. fr~m R-15 to R-lO as presented by a vote of4-0. This motion was declared passed. A copy of this Ordinance is hereby made a part of these official Minutes as an Attachment. 4 . . . 422 D. Consideration of Ordinance to amend Section 4 of the Subdivision Regulations to require sidewalks on both sides of all new streets and on streets adjacent to new development Planning Director Hauth presented this Ordinance for the Board's consideration. She stated that the Planning Board unanimously and enthusiastically endorsed its approval. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to adopt the Ordinance to amend Section 4 of the Subdivision Regulations to require sidewalks on both sides of all new streets and on streets adjacent to new development as presented by a vote of 4-0. The motion was declared passed. A copy of this Ordinance is hereby made a part of these official Minutes as an Attachment. E. Consideration of Tourism Board Grant Request from Burwell School in the amount of $20,000 Commissioner Sheridan reported on Items 10.E and 10.F explaining that these grants have been approved by the Hillsborough Tourism Board and that all grants in excess of$5,000 must also have Town Board approval. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Tourism Board Grant Request from Burwell School in the amount of $20,000 as presented by a vote of 4-0. The motion was declared passed. F. Consideration of Tourism Board Grant Request from the Orange County Historical Museum in the amount of $22,500 Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Tourism Board Grant Request from the Orange County Historical Museum in the amount of $22,500 as presented by a vote of 4-0. The motion was declared passed. G. Consideration of Expanded Alarm Coverage/Security System at the Town Hall Annex Finance Director Sherry Carter presented this Item for the Board's consideration. She explained that funding for this expanded coverage is in the proposed budget, but that due to the increase in violent customers and communicated threats the employees are being exposed to, the request is being brought to the Board for authorization to proceed with ordering the system upgrades. If ordered now, the upgrades would not likely be in place until after July 1, 2002. After some discussion and upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to authorize the Town Manager and Finance Director to proceed with the Expanded Alarm Coverage/Security System Upgrades for the Town Hall Annex as presented by a vote of 4-0. The motion was declared passed. H. Consideration of an Ordinance Amending Chapter 6, Motor Vehicles and Traffic; Section 6A-14 to add Prohibited Parking on East N & K Street 5 . . . 423 Assistant Town Manager/Public Works Director Demetric Potts presented this Ordinance for the Board's consideration. He stated that this is being brought before the Board for consideration because of a request received from the Hillsborough Tree Board regarding the N&K Street Pocket Garden. The Tree Board stated that the Pocket Garden was planted in 1996 along the south wall of the Laundromat at the River Bridge on Churton Street. The purpose of the garden was to beautify the south entrance to downtown Hillsborough. The garden faces N&K Street, an unimproved street that leads nowhere and is used as parking space by people doing business in that neighborhood. The scarlet oaks in the garden have been damaged by drivers parking cars and trucks against the pocket garden. The parked vehicles not only threaten the garden, they block it from the view of motorists on Churton Street. After some discussion, and by consensus, the Board tabled this Item and directed staff to take this Item back to the Tree Board for further consideration. I. Consideration of an Ordinance Amending Chapter 6, Motor Vehicles and Traffic; Section 6A-ll to add No Through Truck traffic on Exchange Park Lane Assistant Town Manager Potts presented this Ordinance for the Board's consideration. He reported that Trans Systems Corporation performed an inspection of the bridge on Exchange Club Park Lane as part ofNCDOT's Municipal Bridge Inspection Program and determined there was severe deterioration of the sidewalk and overhangs. NCDOT recommends the immediate posting of ' 'No Thru Truck" signs at the intersections of South Churton & Exchange Club Park Lane and Orange Grove Road & Exchange Club Park Lane. The Town will also need to make repairs to the bridge as specified by Trans Systems Corporation. After some discussion, and upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to adopt the Ordinance Amending Chapter 6, Motor Vehicles and Traffic; Section 6A-ll to add No Through Truck traffic on Exchange Park Lane as presented by a vote of 4-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these official Minutes as an Attachment. J. Consider Approval of Dumpster Collection Franchise Ordinance Assistant Town Manager Potts presented the proposed Dumpster Collection Franchise Ordinance for the Board's consideration. He explained that a Franchise Ordinance requires two separate affirmative votes for adoption. If the Board votes to adopt the Ordinance at this meeting, it would then be brought back for Board consideration at their May Workshop for a second vote. After some discussion, the Board requested to change the wording in Section 1 ofthe Ordinance to replace the word "municipalities" with the words "local governments". Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to approve the Dumpster Collection Franchise Ordinance with the aforementioned amendment by a vote of 4-0. The motion was declared passed. A copy of the Dumpster Collection Franchise Ordinance is hereby made a part of these official Minutes as an Attachment. 6 . . . 424 K. Discuss and Consider Amendments to Section 5-9 of the Town Code to Address Concerns of Excessive Panhandling in Town Town Attorney Bob Hornik presented two Panhandling Ordinances for the Board to consider. After some discussion, and by consensus the Board selected the second, longer and more detailed, Ordinance. The Board requested that in Section 5-9 (a) (3) the working be changed to replace the words "and therefore" with "or". Upon a motion by Commissioner Sheridan, seconded by Commissioner Gering, the Board moved to adopt the Ordinance amending Section 5-9 of the Town Code to Address Concerns of Excessive Panhandling as presented with the aforementioned change by a vote of 4-0. The motion was declared passed. A copy ofthe Ordinance is hereby made a part ofthese official Minutes as an Attachment. L. Discussion ofWTP Outfall Easements and Cates Creek Outfall Easements Town Engineer Kenny Keel reported that the Water Treatment Plant Upgrade Project includes a sewer outfall that will carry domestic sewage and lagoon supernatant from the Water Plant to the Wastewater Collection System, and then to the Wastewater Treatment Plant. The outfall will cross 6 properties between the plant and the nearest existing manhole south of West Hill Avenue near the Eno River. A 20-foot wide easement is needed for this pipeline, and the affected property owners have been notified. Most of the easements are within the flood plain or buffer area, and the land could not be used for any other purpose. The Utilities Analyst is communicating with these property owners, and attempting to get their signatures on easement documents. Some owners have not been willing to sign, so the Town will be turning those easement requests over to the Town Attorney for further attempts and possible legal action. The Cates Creek Outfall easements have been mapped and the property owners notified, but due to other staff responsibilities, lack of project funding, and delays in the project at 1-40, no further action has occurred. Keel stated he anticipates coordinating meeting( s) with the affected property owners to answer any questions. The Town Manager and Town Attorney will also be involved. By consensus, the Board authorized staff to proceed as proposed with obtaining the easements. M. Discuss whether the Board wishes to have a May Workshop. By consensus, the Board decided not to have a May Board Workshop and to only hold the May 30th Budget Workshop if deemed necessary after the 2nd Budget Workshop. By consensus, the Board scheduled a meeting regarding the Strategic Growth Plan for June 11 th at 7:30 PM in the Town Barn. Commissioner Sheridan distributed to the Board a draft Mission Statement. Mayor Phelps called for a short Recess. Mayor Phelps reconvened the meeting. 7 425 ADDED ITEM N. Discussion of Proposed Waterstone Development . Mr. Jack Smyre appeared before the Board and requested that a Public Hearing schedule be set to consider both the Petition for Annexation of Contiguous Property and the associated Master Land Use Plan for the 339.34acre assemblage of properties known as Waterstone. Mr. Smyre stated that they are requesting a two-step Public Hearing approach be considered for this project with the Public Hearing process beginning sometime in late June for the purpose of hearing the details of the project, receiving public comment, and receiving initial questions and comments from the Planning Board and Town Board members. They would then request that the Public Hearing be continued to the scheduled Quarterly Joint Public Hearing on July 23rd for the purpose of receiving the answers to those questions and any additional information requested at the earlier Public Hearing date. After some discussion, by consensus the Board agreed to add this Item to the June 24th Board Workshop as an Item for discussion and set the 1st Public Hearing for Tuesday, July 9th. Planning Director Hauth stated she would attempt to locate a larger meeting space for the Public Hearing and let the Board know once the location is determined. 11. CLOSED SESSION Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to go into Closed Session to Discuss Potential Property Acquisition and a Legal Matter by a vote of 4-0. The motion was declared passed. . Upon returning to Open Session: A. Closed Session to Discuss Potential Property Acquisition No action was taken. B. Closed Session to Discuss a Legal Matter Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to approve the right-of-way easement, two easements in connection with the final settlement of their Reservoir Condemnation Case, and expenditures to relocate a fence as presented by a vote of 4-0. The motion was declared passed. 10. ADJOURN Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved t~dj~~~ 10:30 PM by a vote of 4-0. The motion was declared passed. ~cSUbmitted, Donna F. Armbrister, CMC Town Clerk . 8 . . . ATTACHMENT 9.A BankofAmerica ~ 426 CORPORATE RESOLUTION TO AUTHORIZE AUTOMATIC PAYMENT RESOL VED, that --;;; WN gf'yj;)j/~ Corporation (the 'Corporation"), authonzes Bank of America, N. A. rLender") to debit one or more the Corporation's deposit accounts with the Lender and/or with other financial institutions in the amount of periodic payments that may becom~uz..tnderi the Corporation's indebtedness to the Lender] [under the indebtedness of "kwA! d /1 rl4 [name of Borrower) to the Lender] on the date each payment of interest, principal, and/or any fees become due to Lender. RESOLVED FURTHER, that any ~ W of the officers named below (the "Authorized OfficersW) are authorized to: (A) Execute an automatic payment agreement authorizing such debits on behalf of the Corporation; (B) Sign and deliver to Lender any additional documents Lender may require and the Authorized Officers approve. 1. The Authorized Officers are: :;,:t f~~~.J c. -Joe PkJ; ( , the F~Af.e l1're clc y , ,the pw/./ ;1/~ I/;fJ~Y , the "V RESOL VED FURTHER, that Lender is authorized to act u on the foregoing resolutions until written notice of revocation is received by Lender, and that the authority hereby granted shall apply with equal force. and effect to the successors in office of the Authorized Officers. CORPORATE SECRETARY'S CERTIFICATE J)., Ii",,}, ~ -Z;WN ChI: JiY&.'-P · I, AJA~F y , SCCfCtB1)" of 40L-C. L , a oorporation organized and existing under the laws of the' State of rJii;""Z (the .Corp~tion"), hereby certify that the foregoing is a full, true and correct copy of resolutions of the Board of Directors of the Corporation, duly and regularly adopted by the Board of Directors of the Corporation in all respects as required by law and the by-laws of the Corporation on 05 - 13 - () 2- . at a meeting at which a quorum of the Board of Directors of the Corporation was present and the requisite number of such directors voted in favor of said resolutions, or by the unanimous consent in writing of all members of the Board of Directors of the Corporation to the adoption of said resolutions. . I further certify that said resolutions are still In full force and effect and have not been amended or revoked, and that the specimen signatures appearing below are the signatures of the officers authorized to sign for the Corporation by virtue of such resolutions. DDCORRES -1- (412001) . . . BankofAmerica. Direct Debit Agreement 427 THIS AGREEMENT is entered into as of . between Bank of America, N.A. ("Bankj and ("Borrower"). RECITALS A. As of the date of this Agreement, Bank has made or agreed to make one or more extensions of credit to Borrower. B. Subsequent to the date of this Agreement, Borrower may request Bank to make additional extensions of credit to Borrower. c. Bank and Borrower, according to the tenns and conditions of this Agreement, wish to provide for the automatic payment of all sums of principal and interest that become due under all present and future extensions of credit by Bank to Borrower. AGREEMENT 1.1 Beginning the date of this Agreement, Bank shall debit Borrower's deposit account number with the Bank in the state of (the "Designated Account'') in the amount of each payment of principal, interest and other fees and charges on Borrower's extensions of credit from Bank on the dates such payments become due. 1.2 Bank shall debit the Designated Account by no later than the close of business on the dates payments become due. If a due date does not fall on a Business Day, Bank shall debit the Designated Account on the first day following such due date. For purposes of this Agreement, "Business Day" means a day other than Saturday, Sunday or other day on which commercial banks are authorized to close or are in fact closed in the state where the Bank's lending office is located. 1.3 Borrower shall maintain sufficient funds in the Designated Account on the dates Bank enters debits authorized by this Agreement. If there are insufficient funds in the Designated Account on the date Bank enters any debit authorized by this Agreement, such debit will be reversed. 1.4 Bank or Borrower may tenninate this Agreement by notice in writing. Any such tennination notice shall'be effective ten (10) days after its receipt. In the event Bank or Borrower tenninates this Agreement. Borrower shall commence, as of the date such tennination is effective, to make principal and interest payments in the funds and at such office of Bank as Bank may from time to time select or as otherwise provided in any agreement between Bank and Borrower for an extension of credit. In Wrtness Whereof, Bank and Borrower have executed this Agreement as of the day and year written above. Bank of America, NA. BO~ By: '. . Pri eU ame: ---~ev Trtle: · AI. . By: Printed Name: Trtle: For Bank use only: Loan/Note Numbers: DirOebAg .doc (08100) . . . IN WITNESS WHEREOF, I have hereunto set my hand as Secretary of the Corporation, an~ 2 8 affixed the corporate seal of the Corporation, on AUTHORIZED SIGNATURES (Signature) (Printed or Typewritten Name) (Title) (Signature) (Printed or Typewritten Name) (Title) (Signature) (Printed or Typewritten Name) (Title) OOCORRES (Signature) SECRETARY OF A CORPORATION Affix Corporate Seal here -2- (412001 ) Town of .ffiU~ ATTACHMENT 9.B 429 BUDGET AMENDMENTS MAY, 2002 1. !2.FNERAL FUND EXPENDITURES: 10-5350-730 Fire/Capital Improvements 10-9990-000 Contingency BEFORE AlU.. AFTER ADJ. $ 9,900 102 063 111 963 $ 40,000 (40000) $ 49,900 62 063 111.963 To fund repairs to the bay floor at the Fire Station. . Approved: {}5'"'13 "'tJ2 91 #t#H p/ ~tJ Verified: . 137 North Clwrron StruJ · P.O. Box 429 · Hlll.borough, North Carolina 27278 919.732.2104 · Fax: 919.732.1028 . . . AN ORDINANCE AMENDING CHAPTER 4 OF THE TOWN CODE OF THE TOWN OF HILLS BOROUGH 430 THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 4-23 of the Hillsborough Code is hereby amended to read: Section 4-23 SICK LEAVE (g) The N.C. Local Government Employees Retirement System provides that an eligible employee receives one month of retirement service credit for each 160 hours of sick leave credit for each year of prior membership service. 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 /.J# day of ~I ~(}/}9. . Ayes: d Noes: ~ Absent or Excused: / . o 431 A RESOLUTION REQUESTING THAT MUNICIPAL REVENUE SOURCES BE MADE SECURE . WHEREAS, the Town of Hillsborough is required by North Carolina law to operate and maintain a balanced budget and comply with the provisions of the Local Government Budget and Fiscal Control Act; and WHEREAS, the Town of Hillsborough is required to maintain a sufficient fund balance to operate in a fiscally sound manner and to have adequate reserves in case of emergencies; and WHEREAS, the municipal officials of the Town of Hillsborough have a responsibility to provide for the health, safety and well being of the citizens of this community by providing necessary services; and WHEREAS, the ability of municipal governments to borrow for capital infrastructure needs is dependent on reliable revenue sources for repayment; and WHEREAS, adequate municipal revenue sources are required to carry out the above mentioned responsibilities; . NOW, THEREFORE, BE IT RESOLVED, THAT the Town of Hills borough respectfully requests that General Assembly enact legislation that will secure the municipal revenue sources and ensure that these revenues are distnbuted to local governments on a timely basis as set forth by the state's General Statutes. This the 13th day of May, 2002. J~lJu Town of Hills borough . . . . ATTACHMENT l().C AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH 432' THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section I. The Zoning Map of the Town or Hillsborough is hereby amended to rezone 1.2 acres in the northeast quadranl of the West King Street/West Hill Avenue intersection from R-15 to R-IO (Tax Map 4.27.0.12). The affected area is shown 011 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 suhmitted to a vote received the following vote and was duly adopted this 13111 day of May 2002. Ayes: tj Noes:ff Absent or Excused: / . . . 433 AN ORDlNANCE AMENDlNG THE SUBDMSION REGULATIONS OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 4.4.3.a is amended to read as follows: Sidewalks will be provided along both sides of all proposed and existing public streets within subdivisions Section 4.4.3.b is added to read as follows: Sidewalks will be provided along any existing public road directly accessed by the proposed subdivision as follows: 1) The sidewalk will extend the length of the property adjacent to the roadway on the same side as the proposed subdivision. 2) The developer will provide any necessary additional right-of-way needed for the sidewalk to either the Town ofNCDOT, as appropriate. 3) When the adjacent road is an NCDOT facility, the sidewalk will be built to NCDOT standards. The sections are re-numbered to allow for the addition above. Section 4.4.3.d is amended to read as follows: Pedestrian walkways will be owned and maintained by property owner association in or adjacent to developments outside the city limit or in any case Section 4.4.3.g.1 is amended to read as follows: Such walkways would serve the residents of the development as adequately and be as durable as concrete sidewalks; and All provisions of any town ordinance in conflict with this ordinance are repealed. This ordinance shalt Qecom~ effective upon adoption. ,The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of May 2002. Ayes: '-I Noesff" Absent or Excus~: / .. , ~~, - Donna F. Armbrister, Town CJerk ;.. . . . 434 AN ORDINANCE AMENDING SECTION 6 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section I. Section 6A-ll No Throu1!:h Truck Streets In accordance with Section 6-10, the following streets or portions thereof are designated "no through truck" streets: Exchange Park Lane 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/1M day of .4J1-'o/, ;IJIJ~ Ayes: J Noes:E Absent or Excused I ~vL.k~~ onna F. Armbrister, Town Clerk . . . ATTACHMENT lO.J 4 ') r.' ~\..) AN ORDINANCE AUTHORIZING THE TOWN OF HILLSBOROUGH TO ENTER INTO A FRANCHISE AGREEMENT FOR THE COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE WITHIN THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Purpose. The purpose of this ordinance is to authorize the Town of Hillsborough Board of Commissioners to approve and enter into franchi~ lurJ . agreements, including exclusive franchise agreements, with other .munieipaliti 0 ~ and/or private entities for the collection of solid waste generated by non- residential establishments located within the Town of Hillsborough's corporate limits. Section 2. Definitions. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter. (I) Commercial Solid Waste. Solid waste generated by or as a result of non- residential activity within the Town of Hillsborough, including but not limited to the solid waste generated by commercial and industrial establishments and excluding solid waste generated at residences situated within the Town of Hillsborough. (2) Franchise. Any authorization granted hereunder in the terms of a franchise, privilege, permit or license to collect commercial solid waste in the Town of Hillsborough. (3) Grantee. The person to whom a franchise is granted by the Town of Hillsborough for Board of Commissioners, and the lawful successor, trustee or assignee of this person (so long as the transfer is approved in accordance with Section _ of this Ordinance). (4) Limited Area Grantee. A Grantee that is granted a franchise to operate within a limited aroofthe Town of Hillsborough. (5) Limited Purpose Grantee. A Grantee that is granted a franchise to provide commercial solid waste collection services to certain specified locations within the Town ofHillsborough. (6) Business Hours. Agreement. Business hours shall be established m the franchise (7) Service Area or Franchise Area. The entire geographic area of the Town of Hillsborough, unless otherwise specified in the franchise Agreement. . . . 436 (8) Street or Road. The surface of any space above and below any publicly or privately owned or maintained property or right-of-way, street, road, highway, freeway, land, path, alley, sidewalk, parkway or drive, now or hereafter existing within the incorporated area of the Town of Hillsborough. (9) Subscriber. Any person who or which lawfully elects to contract directly with Grantee for the collection of commercial solid waste and who pays charges to the Grantee for such service. Section 3. Franchise Required. (a) Except as provided in this Section or in Section _ no person may engage in the collection of commercial solid waste within the corporate limits of the Town of Hillsborough unless such person or the person for whom such action is being taken obtains and currently holds a franchise granted pursuant to this Chapter. It shall be unlawful for any person to collect commercial solid waste within the Town of Hillsborough unless such person obtains and currently holds a valid franchise granted pursuant to the provisions of this Chapter. (b) As provided herein, the Town may grant a franchise to limited area grantee or to a limited purpose grantee, and no person providing commercial solid waste collection services within the Town of Hillsborough on the effective date of this Ordinance, or on the effective date of annexation of an area in the Town of Hillsborough may continue to provide such services after the effective date of annexation unless a franchise has been granted under this Chapter. Section 4. Conflict Between this Chapter and Franchise. To the extent that there is any conflict between provisions of this chapter and the provisions of any franchise granted pursuant to this Chapter, the provisions of the franchise shall be controlling. Section 5. Initial Franchise Applications. (a) Any person desiring an Initial Franchise to collect commercial solid waste within the Town of Hillsborough shall file an application with the Town in accordance with the provisions of this Section. (b) AD. application for an Initial Franchise to provide commercial solid waste collection services shall contain, where applicable: (i) A statement as to the proposed franchise and service area; (ii) A resume of the prior history of the applicant, including the legal, technical and financial expertise of the applicant in the commercial solid waste business; 2 437 . (iii) A list of the partners, general and limited, of the applicant, ifa partnership, or the percentage of stock owned and controlled by each shareholder, if a corporation; (iv) A list of the officers, directors and managing employees of the applicant, together with the description of the background of each such person; (v) The names and addresses of any parent or subsidiary of the applicant or any other business entity owning or controlling the applicant in whole or in part, or owned or controlled in whole or in part by the applicant; (vi) A current financial statement of the applicant verified by a certified public accountant's audit or otherwise certified to be complete and correct to the reasonable satisfaction of the Town; (vii) A proposed service schedule, including a schedule of fees which the applicant proposes to charge to customers within the Town; (viii) Any additional information the Town deems reasonably necessary whether the applicant is qualified to provide commercial solid waste collection services in accordance with the provisions of this Chapter. Section 6. Acceptance of Franchise; Effective Date. . (a) Upon receipt of an application for a franchise in accordance with the provisions of the preceding Section, the Town Board shall determine the applicant's qualifications to provide commercial solid waste collection services in accordance with the provisions of this Chapter. If the Board determines that the applicant is not so qualified, it may refuse to grant the requested franchise. If the Board determines that the applicant is so qualified, it may, by ordinance, grant a franchise to such applicant to be effective as provided in this Section. No provision of this Chapter may be deemed or construed to require the granting of a franchise when the Board determines not to do so would not be in the public interest; (b) Within thirty (30) days after the Board has taken final action to approve the granting of a franchise, the grantee shall file with the Town Clerk a written acceptance of the conditions required for the franchise, acknowledged before a notary public. Such acceptance shall acknowledge that the grantee agrees to be bound by and to comply with the provisions of this Chapter and the franchise shall be in the form approved by the Town Attorney. (c) Concurrently with the filing of the written acceptance, the grantee shall file with the Town Clerk the bond, letter of credit, and insurance policies required by Sections 20 and 21 ofthis Chapter. . 3 (d) . 438 The effective date of any franchise granted shall be the date on which the grantee files the acceptance, bond and proofs of insurance as required herein. However, if any of the material required to be filed with the acceptance or the acceptance itself is defective or fails to meet with approval, the franchise shall not be effective until such defect is cured or such approval is obtained. (e) If the grantee fails to accept the franchise and file the information required under this Section under the time limits set forth in subsection (b), the Town Board may, at any time thereafter before acceptance, summarily revoke the franchise. Written notice of such revocation shall be sent to the grantee forthwith. Section 7. Franchise Term. A franchise granted may be for a term of up to ---2 years from the Town Board takes final action to approve such franchise. The term of the franchise shall be specified in the franchise. Section 8. Exclusive/NonExclusive Franchise. Any franchise granted may be either exclusive or non-exclusive, in the sole discretion of the Town Board. The Town specifically reserves the right to grant, at any time, such additional franchise for the provision of commercial solid waste collection services as it deems appropriate, subject to applicable State or federal law. Section 9. . (a) Multiple Franchises. The Town may grant one or more franchises for a service area. The Town may, in its sole discretion, limit the number of franchises granted based, upon, but not necessarily limited to, the requirements of applicable law and specific local considerations such as: (i) The impact on the community of having multiple franchises; (ii) The disadvantages that may result from competition; (iii) The financial capability of the applicant and its guaranteed commitment to make the necessary financial investment and to maintain and competently operate the proposed commercial solid waste system for the duration of the franchise term. Section 10. Transfer or Assignment of Commercial Solid Waste Collection Service. (a) . The transfer of control of a franchise or assignment of a franchise to operate a commercial solid waste collection service, other than a pro forma transfer or assignment to a parent or wholly owned subsidiary corporation or other form of organization, shall not take place whether by force or voluntary sale, lease, mortgage, assignment, encumbrance, foreclosure, attachment or merger or other form of disposition, without prior notice to and approval by the Town Board. The notice shall include full identifYing particulars of the proposed transaction, and 4 . (b) (c) (d) 439' the Town Board shall act by resolution. The Town Board shall have one hundred twenty (120) days after the receipt of the notice and all supporting documents within which to approve or disapprove a transfer of control or assignment of the franchise. If the proposed transfer or assignment is not acted upon within one hundred twenty (120) days, approval shall be deemed to have been given. Notice of any such proposed transfer or assignment, together with copies of all documents pertaining thereto, shall be in writing and filed with the Town Clerk. The proposed transferee or assigriee shall agree in writing to comply with all provisions of this ordinance, the franchise and such other provisions and requirements as the Town Board might require. For the purpose of this section, the term "control" is not limited to majority stock ownership but includes actual working control in whatever manner exercised. A rebuttable assumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of ten percent (10%) of the voting shares of the grantee. In the absence of extraordinary circumstances, the Town Board will not approve any transfer or assignment of a franchise within the first two (2) years of operation. Section 11. Termination and Expiration of Franchise. . (a) . The Town Board may terminate at any time any franchise granted hereunder and rescind all rights and privileges associated therewith in the event that; (i) Grantee has not complied in some material respect with any provision of this Chapter, or of any supplemental written agreement entered into by and between the Town and the grantee, or of any terms and conditions or any franchise or permit issued hereunder; (ii) Grantee has made a material, false statement in the application for the franchise, knowing it to be false; (iii) Grantee, contrary to the best interests of public convenience and welfare, is not providing subscribers with regular, adequate and proper service, consistent with the terms of any franchise granted hereunder; (iv) Grantee becomes insolvent, enters into receivership or liquidation, files for bankruptcy, or for composition of creditors, is unable or unwilling to pay a debt as they mature or is in financial difficulty of sufficient consequence so as to jeopardize the continued operation of the commercial solid waste collection service, unless the grantee is in due process of contesting such . debt; 5 440 (v) Grantee violates any order or ruling of any governmental body having jurisdiction over the grantee, unless the grantee is lawfully contesting the legality or applicability of such order; .. (vi) The operation of the commercial solid waste collection services IS discontinued for a period of thirty (30) consecutive days. (b) If the Town proposes to terminate for cause a franchise granted hereunder, it shall give the grantee sixty (60) days written notice of the intention to terminate and stipulate the cause. If during the sixty (60) days, the cause shall be cured to the satisfaction of the Town, the Town shall declare the notice to be null and void. In any event, before a franchise may be terminated, the grantee must be provided with an opportunity to be heard before the Town Board in accordance with due process procedures. If a grantee's franchise is terminated, the decision shall be subject to a judicial review as provided by law. Section 12. Continuation of Service. (a) Upon expiration or termination of a franchise, the Town may require the grantee to continue to provide service for a reasonable period (not to exceed three (3) months) in order to ensure uninterrupted service to subscribers. (b) Upon expiration or termination of a franchise and for so long as the grantee continues to provide commercial solid waste collection services thereafter, the grantee shall remain subject to the provisionS. of the expired or terminated franchise, unless and until a new franchise is issued to such grantee. . Section 13. Franchise Renewal; Process of Succession. (a) Franchise renewals shall be in accordance with applicable law. The Town and the grantee may, by mutual consent, enter into renewal negotiations at any time during the term of the franchise. (b) Upon the expiration or termination of a franchise, the Town Board may advertise and seek another grantee to provide commercial solid waste collection services within the Town. The Town Board, in seeking a new grantee, shall use . essentially the same methods and procedures as are required to grant the initial franchise. Section 14. Limited Area Franchise. (a) The Town may grant a franchise to a limited area grantee to authorize such grantee to provide, or continue to provide, commercial solid waste collection services to subscn"bers served by grantee's commercial solid waste collection service on the effective date of annexation. . 6 441 (b) Within ten (l0) days after the effective date of annexation of an area, a limited area grantee shall file with the Town a map showing the locations of all subscribers within the area where the grantee was providing service on the effective date of annexation. The grantee shall also furnish such other information as is reasonably requested by the Town to document the grantee's contention that service was being provided to such subscribers on the effective date of annexation. . (c) A limited area grantee shall be subject to all of the provisions of this Chapter applicable to other grantees except those specifically made not applicable to such limited area grantees. (d) Nothing in this section is intended to prevent a company providing commercial solid waste collection services to an annexed area from seeking a franchise to serve all other areas within the Town. Section 15. Limited Purpose Franchise. (a) The Town may grant a franchise to a limited purpose grantee to authorize such grantee to provide specific types of commercial solid waste collection service to specific subscribers located within the Town. . (b) A limited pmyose grantee shall be subject to those provisions of this Chapter except those'that are patently not applicable to the circumstances of a limited purpose grantee. Section 16. Limitations of Franchise. (a) In addition to the limitations otherwise appearing herein, the franchise is subject to the limitations and restrictions set forth in this section. (b) The grantee shall at all times during the life of any franchise comply with any and all ordinances that the Town has adopted or shall adopt, shall be subject to all laws of the State of North Carolina and the United States. (c) Time shall be of the essence of any franchise granted hereunder. The grantee shall not be relieved of its obligations to comply promptly by the failure of the Town to enforce prompt compliance. Failure of the Town to enforce any breach by the grantee shall not constitute a waiver by the Town. (d) Any franchise granted hereunder shall not relieve the grantee of any obligation under any pre-existing agreements with the Town concerning commercial solid waste collection services. . 'Section 17. Additional Town Rights in Franchise. 7 442 . (a) The Town may from time to time add to, modifY, or delete provisions of this ordinance as it shall deem necessary in the exercise of its regulatory powers, so long as additional or revised provisions are reasonable and in keeping with the public interest and welfare. Such additions or revisions shall be made only after a public hearing for which the grantee shall have received at least ten (10) days prior written notice. (b) If the grantee fails to perform any of the services required by the franchise or any work required by Town ordinance at the times established and to the satisfaction of the Town, the Town may cause such service to be provided or work to be done, and the grantee shall reimburse the Town the costs thereof within thirty (30) days after receipt of an itemized list of such costs. (c) The Town reserves the right during the life of any franchise granted hereunder, reasonably to inspect grantee's equipment used in the Town and its operations to ensure compliance with the terms ofthis Chapter and the franchise. (d) The Town reserves the right, in the event of an emergency or disaster to require the grantee to suspend or alter its service schedule. (e) Neither the granting of any franchise or any governing provision of such franchise shall constitute a waiver or bar to the exercise of any governmental right of power or power of the Town, including without limitation the power to provide commercial solid waste collection services. . (f) The Town reserves all rights not specifically granted herein, and the enumeration of the rights herein shall not be construed to be a limitation of any right or power the Town may otherwise have. Section 18. Liability and Indemnification. . (a) The grantee shall save the Town ani ifs\ffiCials and employees harmless from all loss sustained by them on accoun~~y suit, judgment, execution, claim or demand which they may legally be required to pay as a result of the enactment of this Chapter and the award of a franchise hereunder, or as a result of the exercise of any franchise granted to the grantee. (b) The grantee shall save the Town and its officials and employees harmless from all loss sustained by them on account of any suit, judgment, execution, claim or demand whatsoever based upon any injuries sustained arising out of the provision of commercial solid waste collection services authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this ordinance or any franchise granted hereunder. . 8 (c) . t1.~: ~ The grantee shall pay all expenses incurred by the Town and its officials and employees defending themselves with regard to all damages and penalties mentioned in subsections (a) and (b) above. These expenses shall include all out- of-pocket expenses, such as consultants or attorneys fees, and shall also include the reasonable value of any services rendered by the Town Attorney or any other employee of the Town. Section 19. Insurance. (a) Concurrently with the filing of a written acceptance of any franchise issued hereunder, the grantee shall file with the Town Clerk and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof: . (b) (i) Comprehensive general liability providing coverage for personal injuries and property damage. The amount of such coverage shall be provided in the franchise. The Town shall be named as an additional insured on such policy. (ii) Business auto liability policy providing coverage for personal injuries and property damage. The amount of coverage shall be provided in the franchise. The insurance coverage necessary to comply with this section shall be approved by the Town (such approval not be unreasonably withheld or delay) and copies of such insurance polices (or certificates of insurance) shall be filed with the Town. Section 20. Performance, Security. (a) Within thirty (30) calendar days following the award of a franchise, the grantee shall deposit with the Town the performance bond, letter of credit from a financial institution, or other form of financial security approved by the Town Attorney and the Town Finance Director or designated representative as to form and amount, in the amount to be specified in the franchise. The performance security shall be used to insure the faithful performance by the grantee of all provisions of the franchise, and compliance with all orders, permits and directions of any agency commission, board, department, division or office of the Town exercising jurisdiction over the grantee's acts or defaults, a payment by the grantee of any penalties, claims, liens, liquidated damages, or fees due to Town. . (b) If the grantee fails to pay the Town any compensation, not in dispute, due the Town within the time fixed herein, or fails, after thirty (30) calendar days to pay the Town any penalties, claims, liens, liquidated damages, fees due to the Town, such failure by the grantee can be remedied by demand on the performance security. Upon such request for payment, the Town shall notify the grantee of the amount and date hereof. 9 . (c) 444 The performance security shall be maintained at the amount indicated in subsection (a) during the entire term of the franchise unless modified in accordance with procedures provided for in the franchise. In the event the amounts are withdrawn against the performance security pursuant to this section, the grantee shall take any required action to restore the letter of credit to the original amount within ten (10) business days of notification by the Town of its withdrawal against the performance security. (d) The rights reserved to the Town with respect to the performance security are in addition to all other rights of the Town, whether reserved by the franchise, or authorized by law, and no action, proceeding, or exercise of a right with respect to such letter shall effect any other right the Town may have. Section 21. Inspection of Books and Records. (a) The Town may inspect the books, records, maps, plans and other documents, including financial documents, in the control or possession of the grantee, affiliates or any other person that constitutes an operator of the grantee's commercial solid waste collection service: . (b) . (i) To enforce the Town's right to evaluate compliance with the franchise and applicable law, or (ii) In the exercise of any lawful regulatory power, or (iii) As may be convenient in connection with any proceeding the Town may or must conduct under applicable law in accordance with the terms of this franchise. The material may be duplicated at the Town's facilities unless the grantee agrees to make inspection copying at some other place. Materials that the Town requires the grantee to produce under this section shall be produced upon reasonable notice, no later than thirty (30) calendar days after the request for production. Requests for extensions of time to respond shall not be unreasonably denied. The grantee may request that the Town treat any books, records, maps, plans and other documents of the grantee containing trade secrets or proprietary information as confidential under the North Carolina Public Records Law. To the extent authorized by such law and other applicable State and federal laws, the Town shall maintain the confidentiality of the information designated "proprietary" by any grantee. Should the Town receive a request to review the grantee's records or books under the North Carolina Public Records Law, it will promptly notify the grantee and provide an opportunity for the grantee to raise an objection, demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. However, any action taken by 10 445 . the grantee to protect its records or information shall be done at no cost or liability to the Town. Section 22. Reports to the Town. (a) The grantee shall provide to the Town: (i) Within ninety (90) calendar days after the close of the grantee's fiscal year, a written annual report setting forth gross revenues received by the grantee from subscribers within the Town during the fiscal year, certified by an official of the grantee; (ii) Upon request of the Town, a copy of the most recent annual report including a financial statement, of the grantee or its parent entity; (iii) A copy of any notice of deficiency, forfeiture, or other document issued by any state or federal agency which has instituted any investigation or civil or criminal proceeding naming the grantee; and (iv) A copy of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the grantee, any affiliate which controls or manages the grantee. . Section 23. Miscellaneous Provisions. (a) If any section, sentence, clause or phrase of this Chapter or the franchise is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of this Chapter or the franchise. However, if any such provision is determined to be invalid and a subsequent change in law renders such provision lawful, then such provision shall thereafter be fully enforceable. (b) The grantee shall not be relieved of its obligation to comply promptly with any of the provisions of the franchise by any failure of the Town to enforce prompt compliance. (c) This Chapter and any dispute arising from its adoption, or pursuant thereto shall be governed by the laws of the State of North Carolina. (d) This Ordinance shall apply to all franchises granted or renewed after the effective date of this Ordinance. (e) This Chapter shall not be deemed conclusive as to the terms and conditions of any franchise issued hereunder. The final terms and conditions of such franchise shall be determined by the franchise ordinance. . 11 . . . 446 Section 24. Penalties and Remedies. (a) As provided in Section 11, violations of this Chapter (or of a franchise) by a grantee may result in termination of the franchise. (b) A violation of any of the provisions of this chapter or a failure to abide by any of the provisions of a franchise issued pursuant to this Chapter shall subject the offender to a civil penalty of Five Hundred ($500.00) Dollars. Ifa person fails to pay this penalty within ten (10) days after being cited for a violation, the Town may seek to recover the penalty by filing a civil action in the nature of debt. (c) The Town may seek to enforce this Chapter in any franchise granted to any appropriate equitable action. (d) Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. (e) The Town may seek to enforce this Chapter by using anyone or combination of the foregoing remedies. Section 25. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 26. This ordinance shall become effective upon adoption. The foregoing ordinance, having been submitted to a vote, received the following that was duly adopted this 13-#day of Ifllkj , 2002. Ayes: L/ Noes: ~ Absent or Excused: / , ~/~ ~~ 12 . . . 447 AN ORDINANCE AMENDING SECTION 5-9 OF THE TOWN OF HILLSBOROUGH TOWN CODE THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLS BOROUGH ORDAINS: Section 1. Section 5-9 of the Hillsborough Town Code, entitled "Loitering for the Purpose of Violating the North Carolina Controlled Substances Act," adopted on February 9, 1994, is deleted in its entirety and the following is substituted in its place: Section 5-9. Begging, panhandling, or soliciting alms or contributions. (a) Definitions: (1) To beg, panhandle, or solicit alms or contributions shall be defined to include, without limitation, the spoken, written, or printed word or such other acts as are conducted in furtherance of the purpose of obtaining alms or contributions; (2) Accosting another person shall be defined as approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act or damage to property in his immediate possession; (3) Intimidate another person shall be defined as acting in such a way as would cause a reasonable person to fear bodily harm and tkercfoJe to do something he or she would not otherwise have done; OIL (4) Forcing oneself upon the company of another person shall be defined as: (i) Continuing to request or solicit alms in close proximity to the person addressed after that person has responded negatively; (ii) Blocking the passage of the person addressed; (iii) Otherwise engaging in conduct which reasonably could be understood as intended to force a person to accede to demands. (5) Public place shall be defined to include streets, sidewalks, alleys, and other public property, as well as town-owned and town-controlled property and private property open to the public unless permission to solicit has been obtained from the town or from the private property owner or other person in authority. (b) No person shall beg, panhandle, or solicit alms or contributions in a public place in a manner so as to intimidate another person or by accosting another person, or by forcing oneself upon the company of another person. . . . 448 (c) No person shall beg, panhandle, or solicit alms or contributions from another person within twenty (20) feet of an entrance or exit of any bank or financial institution or within twenty (20) feet of any automated teller machine. (d) No person shall beg, panhandle, or solicit alms or contributions in any public transportation vehicle owned or operated by the Town of Hillsborough or at any station for such vehicle or within six (6) feet of a bus stop sign, bus stop shelter, or bus stop sign. (e) No person shall beg, panhandle, or solicit alms or contributions while sitting or standing on a roadway or the shoulder or median of a roadway if such action impedes the normal flow of traffic. (t) Violation of this section shall consti~~e a misdemeanor and shall subject the violator to a fine of not more than fifty dollars ($50.00/' or imprisonment for not more than seven (7) days. . Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance, having been submitted to a vote, received the following that was duly adopted this B#day of /f1Jhj , 2002. Ayes: -4- y Noes: Absent or Excused: / . . Lu~ Donna Armbrister, Town Clerk 2