HomeMy Public PortalAbout10-14-2002 Regular Session
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Town
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MINUTES
HILLSBOROUGH TOWN BOARD
October 14, 2002
The Hillsborough Town Board held a regular meeting on October 14, 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, Kenneth Chavious and Michael
Gering. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister,
Planning Director Margaret Hauth, Finance Director Sherry Carter, Fire MarshaVCode
Enforcement Officer Todd Chavious, Town Engineer Kenny Keel, Police Chief Nathaniel
Eubanks, and Town Attorney Bob Hornick.
Mayor Joe Phelps called the meeting to order at 7:31 PM.
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. Richard Ward and Mr. Tom Magnuson requested to be added to the agenda to discuss
property the Town owns on Dimmocks Road, north of Lake Ben Johnston, along the Eno River.
By consensus, this was added as Item 9.
3. AGENDA CHANGES & AGENDA APPROVAL
Mayor Phelps added an Item regarding Delinquent Privilege Licenses to the Agenda as Item 9.G.
Commissioner Dancy add a discussion regarding the December Board Meeting Date as Item 9.H.
By consensus, the Agenda was approved with the aforementioned additions.
4. APPOINTMENTS
A. Reappoint Gail Cooley to serve another 2-year term on the Tourism Board as the Alliance
Appointee with a term ending 10-2004
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to
re-appoint Gail Cooley to serve another 2-year term on the Tourism Board as the Alliance
Appointee with a term ending 10-2004 by a vote of 5-0. The motion was declared passed.
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B. Reappoint Sam Hobgood to serve another 2-year term on the Tourism Board as a
Restaurant Appointee with a term ending 10-2004
Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved
to re-appoint Sam Hobgood to serve another 2-year term on the Tourism Board as a Restaurant
Appointee with a term ending 10-2004 by a vote of 5-0. The motion was declared passed.
5. APPROVAL OF THE MINUTES OF THE SEPTEMBER 9, 2002 REGULAR BOARD
MEETING, THE SEPTEMBER 9, 2002 CLOSED SESSION, AND THE SEPTEMBER
30,2002 MONTHLY WORKSHOP
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to
approve the Minutes of the September 9,2002 Regular Board Meeting, the September 9,2002
Closed Session, and the September 30,2002 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 reported the owners of the property where Wal-Mart is located
(Tricor), informed him they have never given permission to Orange County for the Recycling
Center to be placed on that property. They do not wish to give that permission and have
requested the Recycling Center be moved. He stated that at this time, there is no place to move
it to.
Manager Peterson informed the Board that Assistant Town Manager/Public Works Director
Demetric Potts had surgery today and is expected to be out of work for the next several weeks.
7. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel announced that the Town is no longer under any water restrictions.
The Reservoir is 83% full with an estimated 244-day capacity.
Keel presented a status report on all water and sewer projects.
8. ITEMS FOR DECISION - CONSENT AGENDA
A. Approval of Domestic Violence Awareness Month Proclamation
B. Approval of National Disabilities Employment Awareness Month Proclamation
C. Approval of a Proclamation celebrating the 250th Anniversary of Orange County
D. Approval of Miscellaneous Budget Amendments
Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved
to approve Items 8.A, 8.B, 8,C, and 8.D of the Consent Agenda as presented by a vote of 5-0.
The motion was declared passed. Copies of the Domestic Violence Awareness Month
Proclamation, the National Disabilities Employment Awareness Month Proclamation, the
Proclamation celebrating the 250th Anniversary of Orange County, and the Miscellaneous
Budget Amendments are hereby made a part of these official Minutes as Attachments.
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ADDED ITEM
TO DISCUSS PROPERTY THE TOWN OWNS ON DIMMOCKS
MILL ROAD
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Mr. Richard Ward appeared before the Board stating that he is the property owner directly across
the Iiver from the property the Town owns on Dimmocks Mill Road. Mr. Ward said that he
purpose for coming to the Board was to request the posting of ''No Trespassing" signs on the
Town owned property. He told the Board he has had a ladder stolen, vandalism, and harassment
of his children by persons using the Town property as a swimming hole. There has also been a
lot oflittering of beer bottles and cans at the site.
Mr. Tom Magnuson addressed the Board and explained that he is working with students from
Orange High School on that Town owned property clearing the Trading Path Trail which, when
completed will become a public trail. He stated that ''No Trespassing" signs would defeat the
purpose of having a public trail. He suggested that possibly ''No Swimming", ''No Partying",
''No Alcohol", or ''No Profanity" signs be placed instead.
After some discussion, the Mayor suggested the Town place ''No Trespassing" signs up until the
Trading Path Trail is completed (giving written permission for the Trading Path Trail Staff and
Students to be on the property). Upon completion of the Trail, appropriate signage would be
erected.
By consensus, the Board agreed and directed the staff to have the property posted.
. 9. ITEMS FOR DECISION - REGULAR AGENDA
A. Discuss and consider an Ordinance allowing Sidewalk Table Service at Dining
Establishments and the ability to serve beer and wine upon the issuance of a permit
Town Manager Eric Peterson presented the Ordinance for the Board's consideration. He
informed the Board that the sidewalk dining table placement would have to be strictly monitored
to assure compliance with ADA requirements for a 48" clear walkthrough, which would
accommodate a wheelchair. He also reported that according to ABC laws, alcohol cannot be
served on the sidewalk, but can be purchased inside the establishment and carried to the
sidewalk table by the customer.
After some discussion, and upon a motion by Commissioner Gering, seconded by Commission
Chavious, the Board moved to approve the Ordinance Allowing Sidewalk Table Service at
Dining Establishments and the ability to serve beer and wine upon the issuance of a permit with
an amendment that would include the first violation having a penalty of a written warning, the
second violation having a penalty of a 30 day permit suspension, and a third violation having a
penalty of a 1 year permit revocation by a vote of 5-0. The motion was declared passed. A copy
of the revised Ordinance is hereby made a part of these official Minutes as an Attachment.
B. Review contract with Orange-Alamance Water System for water sales
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Town Engineer Kenny Keel reviewed the current contract with Orange-Alamance Water System
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regarding water sales with the Board. The current charge is 75% of the in-town rate, plus a
surcharge for labor. The current surcharge is $0.6124 per 1,000 gallons. Therefore, the total rate
currently charges for water sales to Orange-Alamance is $5.3824 per 1,000 gallons (85% of the
in-town rate).
Engineer Keel stated that this report is for the Board's information only, and that no action is
required.
C. Update and discussion on addressing nuisance lots and removing junked vehicles from
lots
Fire MarshaUCode Enforcement Officer Todd Chavious reviewed for the Board a draft of a
"Friendly Compliance Letter" which is proposed to be sent on all possible Code Violations.
After a brief discussion, Mayor Phelps suggested that the letters wording be simplified
somewhat.
Upon a motion by Commissioner Sheridan, seconded by Commissioner Chavious, the Board
moved to approve the "Friendly Compliance Letter" with the wording simplifications by a vote
of 5-0. The motion was declared passed.
D. Consideration of adjustments to Fire Inspection Agreement with Orange County
Fire Marshal/Code Enforcement Officer Todd Chavious presented the Fire Inspection
Agreement with Orange County for the Board's consideration. He stated that the majority of the
adjustments merely reflect the changes in responsibility transferring from Orange County to the
Town of Hillsborough. This would, of course, suggest that the responsibilities of all levels of
fire inspections, plan reviews, and certificates of occupancy (c.o.' s) would solely belong to the
Hillsborough Fire Marshal.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to approve the Fire Inspection Agreement with Orange County as presented by a vote of 5-0.
The motion was declared passed. A copy of this agreement is hereby made a part of the official
Minutes as an Attachment.
E. Discuss setting a date and making preparations for the FY03-04 Budget Planning Retreat
By consensus, the Board scheduled the FY03-04 Budget Planning Retreat for Saturday, January
25,2003 from 9:00 AM - 3:00 PM. Mayor Phelps stated that he would attempt to reserve the
Conference Room and Piedmont Electric Membership Corporation for the Retreat.
F. Discuss Preparations for the Town Manager's Annual Performance Evaluation
By consensus, the Board scheduled the Town Manager's Annual Performance Evaluation for a
Closed Session to be held after the November Regular Board Meeting.
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ADDED ITEM 9.G DELINQUENT PRIVILEGE LICENSE
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Finance Director Sherry Carter presented 14 businesses that still remain delinquent. She
requested permission to turn these accounts over to the Town Attorney for collection.
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to
authorize that the delinquent privilege licenses by turned over to the Town Attorney for
collection by a vote of 5-0. The motion was declared passed.
ADDED ITEM 9.H DISCUSSION OF DECEMBER MEETING DATE
Commissioner Dancy requested that the December Meeting Date be moved to December 2nd at
7:30 PM.
By consensus, the Board cancelled the November and December Workshops, and moved the
December regular meeting to December 2nd at 7:30 PM.
Mayor Joe Phelps asked the Board if November 12 was all right for the joint meeting with
Orange County to discuss the Pathways project. By consensus, the Board agreed.
10. ADJOURN
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to
. adjourn at 9:25 P.M. by a vote of 5-0. The motion was declared passed.
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Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
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ATTACHMENT 8.A
Proclamation
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DOMESTIC VIOLENCE AWARENESS
And
NATIONAL UNITY DAY
2002
WHEREAS, domestic violence is a pattern of coercion and control in an intimate relationship
where one person uses violence to gain power and control over their partner; and
WHEREAS, domestic violence includes not only physical abuse, but also mental abuse,
emotional abuse, financial abuse, isolation, and sexual violence; and
WHEREAS, nearly 25 percent of American women report being raped and/or physically
assaulted by a current or former spouse, partner, or date at some time in their
lifetime, according to the National Violence Against Women Survey; and
WHEREAS, thirty percent of Americans say they know a woman who has been physically
abused by her husband or boyfriend in the past year and
WHEREAS, women of all races and socioeconomic backgrounds are vulnerable to violence by
an intimate partner; and
WHEREAS, in North Carolina, d9mestic violence programs provide services to over 40,000
victims each year, according to the Council for Women; and
WHEREAS, in more than three women are murdered by their husbands or boyfriends every
day; and
WHEREAS, in North Carolina, over 30 women, men, and children have been murdered as a
result of domestic violence this year; and
Now, therefore, I, Joe Phelps, Mayor of the Town of Hillsborough, do hereby proclaim this time
to be:
"Domestic Violence Awareness Month and National Unity Day 2002"
and encourage the citizens of Hillsborough to observe this time in ways appropriate to its
importance and significance.
Proclail!\~ ~ Utel lJtth day of October, 2002.
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ATTACHMENT 8.B
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PROCLAMATION
WHEREAS, disability is a natural part of the human experience and in no way diminishes the
right of individuals with disabilities to live independently, enjoy self 4etennination, make
choices, contribute to society, and experience full inclusion in the economic, political, social,
cultural and educational mainstream of American society; and
WHEREAS, family members, friends, and members of the community can playa central role in
enhancing the lives of people with disabilities especially when the family and community are
provided with necessary support services; and public and private employers are aware of the
capabilities of people with disabilities to be engaged in competitive work in inclusive settings;
and
WHEREAS, the goals of the Town properly include providing individuals with disabilities the
opportunities and support to make informed choices and decisions; live in homes and communities
where such individuals can exercise their full rights and responsibilities as citizens; pursue
meaningful and productive lives; contribute to their family, Community, state, and nation; have
interdependent friendships and relationships with others; and achieve full inclusion in society;
NOW, THEREFORE, I, Joe Phelps, Mayor of the Town of Hillsborough, do hereby proclaim
October 2002 as
NATIONAL DISABILITIES EMPLOYMENT AWARENESS MONTH
in the Town ofHillsboro~ and call upon citizens to observe the month with appropriate programs
and activities; furthermore, I encourage all citizens to seek counsel and input from any person or
group with knowledge and expertise in matters concerning disabilities.
GNEN UNDER MY HAND AND THE SEAL OF
THE TOWN OF IDLLSBOROUGH ON TIllS
THE TIllRTIETH DAY OF SEPTEMBER TWO
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ATTACHMENT B.C
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PROCLAMATION CELEBRATING THE 250 TH ANNIVERSARY OF ORANGE
COUNTY
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WHEREAS, on September 9,1752 a new county was born in North Carolina - a
county that spanned the area from present-day Greensboro past present-day
Durham, from the Virginia line to the Uwharrie mountains, and
WHEREAS, on that day, Orange County became a reality as its first colonial
court of Common Pleas and Quarter Sessions was held at Grayfields along the
Eno River, and
WHEREAS, the new county - originally inhabited by the Occaneechi/Saponi
nation and other native American tribes - encompassed a land area of 3,500
square miles, including all of present day Alamance, Caswell, Person, Durham
and Chath~m counties as well as parts of Wake, Lee, Randolph, Guilford and
Rockingham counties, and
.
WHEREAS, as citizens of one of the oldest Piedmont counties, Orange County's
120,000 residents have a lot to celebrate, including
. A commitment to education, from the founding of the University of North
Carolina, the nation's first state university when it opened in 1795 to local
school systems rated today among the best in the southeastern United
States.
. A will to preserve cultural and natural resources such as the county's
tapestry of distinctive buildings and neighborhoods as well as farmland
and natural treasures like Occoneechee Mountain and the Eno River
corridor.
. A growing diversity, beginning with Indian nations, recast by the arrival of
people from Europe and Africa, and shaped recently by the addition of
persons from Asia, Latin America and other parts of the globe.
. An ongoing love of independence, whether reflected in the actions of
Regulators or the patriots of the American Revolution, by women fighting
for equality, African-Americans struggling to secure their civil rights,
sharecroppers and millworkers striving for dignity, or free-speech
advocates protecting free expression in the mid-20th century.
THEREFORE BE IT RESOLVED THAT the Town of Hillsborough commends
Orange County Government on its 250th anniversary and encourages town
residents to celebrate and educate themselves about the people past and
present who have called Orange County home.
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GIVEN UNDER MY HAND AND THE SEAL OF THE TOWN OF
HILLSBOROUGH ON THIS THE FOURTEENTH DAY OF
OCTOBER, 0 THOU ~ND O.
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ATTACHMENT B.D
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BUDGET AMENDMENTS
OCTOBER. 2002
1. GENERAL FUND
EXPENDITURES:
10-6950-451 Fairview COP/Cont.Serv./Security
10-9990-000 Contingency
BEFORE
AOJ....
AFTER ADJ.
$
$ 100000
100.000
$ 300
$ (300)
$ 300
$ 99 700
100.000
To fund security monitoring service for the 2002-03,fiscal year. ' .
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2. GENERAL FUND
REVENUES;
. 10-3350-100 Misc.-Confiscation %AGE $ $ 104 $ 104
$ $ 104 $ 104
EXPENDITURES:
10-5100-571 Police-Misc./Confisc. %AGE $ $ 104 $ 104
$ $ 104 $ 104
To fund receipt of substance abuse taxes.
3. WATER FUND
EXPENDITURES:
30-7220-330 Engineering/Dept. Supplies
30-7220-740 Engineering/Capital
$ 3,200
$ 10.500
$ 13.700
$
$
$
4,000
(4.000)
$ 7,200
$ 6 500
$ 13 700
To move funds from Engineering/Capital to Departmental Supplies because base cost of computer
does not meet new capitalization threshold of $2,500.
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137 North Charron Street · P.O. Box 429 · Hillsborough, North Carolina 27278
919-732-2104 · Fax: 919-732-1028
115
BUDGET AMENDMENTS
. OCTOBER, 2002
PAGE 2
4. GENERAL FUND BEFORE AI2J.... AFTER ADJ.
REVENUES:
10-3990-000 Fund Balance Appropriated $ 64.693 $ 153 364 $ 218.057
EXPENDITURES:
10-4200-331 Admin .-Dept.Supplies/OSHA $ 9,000 $ 5,000 $ 14,000
10-4200-461 Admin.-Cont.Serv./Supervisor Train. 500 1,000 1,500
10-4200-466 Admin.-Cont.Serv/Print Codes 1,500 1,500
10-4200-572 Admin.-Citizen Newsletter 3,000 2,700 5,700
10-4200-740 Admin.-Capital 1,500 1,500
10-4400-110 Finance-Telephone/Postage 8,500 240 8,740
10-4400-320 Finance-Supplies 3,900 652 4,552
10-4400-740 Finance-Equipment 526 526
10-4900-750 Planning-HOME Funds Grant Match 5,500 5,500 11,000
10-5000-730 Ruffin-Roulhac/Capital Improvements 4,000 2,842 6,842
10-5100-080 Police-Training 17,000 3,000 20,000
10-5100-082 Police-Training/Accreditation 1,000 2,500 3,500
10-5100-450 Police-Cont.ServNisions 6,000 33,000 39,000
10-5100-458 Police-Cont.Serv/Officer Training 1,500 1,000 2,500
. 10-5100-571 Police-Drug Buy Money %AGE 104 5,330 5,434
10-5100-730 Police-Drug Enforcement Operations 16,000 4,000 20,000
10-5350-730 Fire Protection/Capital 40,000 40,000
10-5550-150 Motor Pool-Bldg. Maint. & Repairs 2,000 600 2,600
10-5550-160 Motor Pool-Police Vehicle Repair 14,000 811 14,811
10-5550-201 Motor Pool-Water Vehicle Repair 30,000 639 30,639
10-5600-451 Street-Cont. Serv ./Bridge 1,000 5,592 6,592
10-5800-330 Sanitation-Departmental Supplies 3,500 1,246 4,746
10-5800-454 San.-Cont.Serv/Roll-out Containers 6,000 1,125 7,125
10-6900-150 Spec.Approp.-Museum Maintenance 12,500 1,284 13,784
10-6900-900 Spec.Approp.-Orange Co./River Walk 23,777 23,777
10-6900-921 Spec.Approp.-Tree Maint./New Trees 5,000 3,000 8,000
10-6950-740 Fairview COP Center-Equipment 5000 5.000
$ 150 004 $ 153 364 $ 303.368
WATER FUND
REVENUES:
30-3990-000 Fund Balance Appropriated $ $ 143 397 $ 143.397
EXPENDITURES:
30-7220-451 Engineering-Cont.Serv./G IS Data $ 25,000 $ 11 ,200 $ 36,200
30-7220-453 Engineering-Cont.Serv ./Intern 7,000 6,000 13,000
. 30-7240-332 Meter Read.-Dept.Supp./Large Meter 5,000 3,500 8,500
30-8120-151 Water Plant-Reservoir Maint.-Monitor 26,000 10,000 36,000
30-8120-340 Water Plant-Outside Lab Services 12,500 366 12,866
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BUDGET AMENDMENTS (continued)
OCTOBER, 2002
PAGE 3
30-8120-730 Water Plant-Capital Improvements
30-8120-731 Water Plant-Water Pland Expansion
30-8120-740 Water Plant-Equipment
30-8140-455 Water Dist.-Cont.Serv/Water Master
Plan
30-8140-730 Water Dist.-Capitallmprovements
30-8140-740 Water Dist.-Equipment
30-82QO-160 WW CoiL-Equipment Repair
30-8200-330 WW CoiL-Departmental Supplies
30-8200-730 WW CoiL-Capital Improvements
30-8220-150 WWTP-PlantJEquipment Repair
30-8220-320 WWTP-Chemicals
18,762
2,190
1,480
30,000
18,762
2,190
1 ,480
30,000
23,000
31,500
42,000
55,500
37,500
50,000
38.000
$ 353.000
2,000
4,000
2,745
577
46,765
3,282
530
$ 143397
25,000
35,500
44,745
56,077
84,265
53,282
38.530
$ 496.397
To encumber designated amounts from the 2001-02 budget in the General and Water Funds.
5. GENERAL FUND
. EXPENDITURES:
10-6590-730 Fairview COP Center-Construction $ $ 1,600 $ 1,600
10-9990-000 Contingency 99 700 (1.600) 98 100
$ 99 700 $ $ 99 700
To fund change order for the Fairview COP Center.
6. GENERAL FUND
EXPENDITURES:
10-4900-080 Planning-Training $ 800 $ 450 $ 1,250
10-9990-000 Contingency 98.100 (450) 97 650
$ 98 900 $ $ 98 900
To fund Architectural Conservation Techniques Course at N. C. State for the Planner.
7. WATER FUND
EXPENDITURES:
30-8140-332 Water Dist.-Patch Supplies $ $ 1,500 $ 1,500
30-8200-332 WW Coll.-Patch Supplies 1,500 1,500
30-9990-000 Contingency 176 290 (3 000) 173 290
$ 176.290 $ $ 176.290
. To fund patching of streets when water/sewer cuts are made.
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APPROVED: #9' /J .5"-tJ vPk
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VERIFIED:
Do na F. Armbrister, Town Clerk
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11.10
NORTH CAROLINA
ORANGE COUNTY
This AGREEMENT, made and entered into on this the 14th day of October, 2002, by and
between Orange County (Hereinafter referred to as "County") and the Town of
Hillsborough (Hereinafter referred to as "Town"), to provide for periodic assistance fire
safety inspections of facilities within Town's jurisdiction as mandated by the State of
North Carolina pursuant to the authority contained in Article 128 of Chapter 153A and
Article 20 of Chapter 160A of the North Carolina General Statutes.
WHEREAS, ~ agreement was made and entered into as of the 1st day of November,
1993, by and between the County and Town, whereby the County performed State
mandated fire inspections of facilities within the jurisdiction of the Town, and now the
Town ofHillsborough's staffhas completedfire inspection training and
WHEREAS, the Town has now assumed the duties of performing fire inspection through
its Fire Inspector of all facilities (levels 1,2, & 3) within the jurisdiction of the Town, but
may request assistance with Level 3 fire safety inspections and plans review pending
changes of use and new construction
NOW THEREFORE, for and in consideration of the mutual terms and agreements
hereinafter set forth, the County and the Town do agree as follows:
1.
The Town of Hillsborough will carry out, or cause to be carried out, within
Town's jurisdiction the minimum schedule of inspections required to be
performed by local governments pursuant to Section 107, Volume V of the North
Carolina Fire Prevention Code for all Levels and types of subject facilities.
2. Appropriate officials of the County and Town shall continue to work together to
schedule plans review or inspections for buildings, structures, and premises,
which were formerly closed businesses or are considered a change of use and may
become a priority for inspections within the Town's jurisdiction as level III uses
may determine.
3. County Fire Marshal will submit within five working days of the end of each
month a copy of each request for assisted fire safety review or assisted inspection
performed within Town's jurisdiction during that month to the Town's
Accounting Department.
4.
County Finance Office will invoice the Town monthly for all services performed
by the County during the prior month. Town will reimburse County for cost of all
assisted reviews or inspections performed by the County at a rate of $30.00 per
hour, except as provided below, within ten working days of invoice in accordance
with the current fee schedule adopted by the Board of County Commissioners.
Source of payment and method for billings for inspections under this agreement
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shall be at Town's discretion and shall, in no way, be or become a responsibility
of County.
5.
County will inspect all public school facilities within County's and Town's
jurisdictions and all facilities owned by County or licensed by the Department of
Social Services as care facilities within Town's jurisdiction. County shall not
invoice Town for such inspections.
6.
Within the Town's jurisdiction, the Town's Fire Inspector will participate in all
level 3 plan reviews with the County and corresponding Certificate of Occupancy
inspections and sign release forms indicating that such work has been
satisfactorily completed This shall include reviewing any changes to the plan
made after the issuance of the Building Permit and before the final Certificate of
Occupancy inspection. In order to ensure conformity in inspections the Town will
adopt all ordinances, codes, regulations, and the like that may be enacted from
time to time by the County to enforce a program of fire safety and prevention.
Likewise, the County Inspections Department will modify documents necessary to
reflect the final changeovers in responsibility and jurisdiction from the County to
Town of Hillsborough.
7.
The Town of Hillsborough will conduct routine inspections of facilities that fail to
comply fully with the provisions of the North Carolina Fire Prevention Code, and
will resume enforcement authority regarding facilities that fail to comply after
repeat inspections, including the exercise of civil or criminal action. The County
will provide inspection, enforcement, and have full responsibility for its own
facilities that are in the Town and in the Town's extraterritorial jurisdiction. The
Town has assumed responsibility and liability for all inspections, reviews and
enforcement in accordance with the North Carolina Fire Prevention Code for all
Levels reviewed or inspected by the Town's staff. The County will provide
preceptorship for the Town's fire inspection personnel upon request for the
purpose of assisting such personnel with Plans review assistance and meeting
C. 0. requirements. Preceptorship will be requested on an as needed basis for
Building sizes and Types (uses) that do not currently exist in the city's
jurisdiction. Nothing in this agreement shall prevent appropriate County agencies
or personnel from assisting in the enforcement of the North Carolina Fire
Prevention Code and in detecting and reporting such violations, as they deem
necessary.
8. This agreement will be in effect through the period ending June 30, 2003. It may
be revised and/or renewed beyond that date if mutually agreed upon by both the
County and the Town. This agreement may be tenninated by either party by
giving 90 (ninety) days written notice.
IN WITNESS WHEREOF, the undersigned do hereby cause this agreement to be
executed this 14th day of October, 2002.
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FOR AND ON BEHALF OF
TOWN OF lllLLSBOROUGH
FOR AND ON BEHALF OF
ORANGE COUNTY
Barry Jacobs, Chair
ATTEST:
ATTEST:
~~/~
own Cl~.
Clerk to the :&atd
This instrument has been preaudited in the manner required by the Local Government
Budget and Fiscal Control Act. '
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AN ORDINANCE AMENDING THE mLLSBOROUGH TOWN CODE
TO ALLOW SIDEWALK TABLE SERVICE AT DINING
ESTABLISHMENTS UPON ISSUANCE OF A PERMIT
BYTHETOWNPL~GDllffiCTOR
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1. Purpose. The Town Board recognizes that under some circumstances,
allowing outdoor dining in Hillsborough may be beneficial to food service establishments and
their patrons, and may contribute to a healthy business environment. In light of this recognition,
the purpose of this Ordinance is to allow proprietors of food service establishments in
Hillsborough to apply for and, if an applicant meets the criteria established in this Ordinance
and otherwise complies with all applicable statutes, ordinances and permits or licenses under
which they operate their business, to obtain from the Town Manager a permit to serve
customer/patrons dining at tables placed outside, but immediately adjacent to, their places of
business, including on the public sidewalk. The Board of Commissioners recognizes that
proprietors of food service establishments may need to obtain permission from other regulatory
boards or agencies in order to provide outdoor table service, and proof of such permission is
included in the requirements to be met prior to issuance of a permit under this Ordinance.
Nothing in this Ordinance should be construed as authorizing activities which are otherwise
prohibited by law or by any other permit or license held by or required of a food service
establishment seeking the permit authorized by this Ordinance.
Section 2. Notwithstanding the general prohibition on the obstruction of or
impediment to travel in the public streets or sidewalks within the Town established by Section 7-
1 of the Hillsborough Town Code, the proprietors of food service establishments in
Hillsborough may provide and allow table service for outdoor dining at tables located on public
sidewalks upon issuance of a sidewalk table service permit by the Town Manager and in
accordance with this Ordinance.
Section 3. Notwithstanding the general prohibition on the consumption of alcoholic
beverages on sidewalks established by Section 5-8 of the Hillsborough Town Code, beer, wine
and other alcoholic beverages may be consumed at tables provided for outdoor dining in
accordance with this Ordinance, provided:
(a) The proprietor of the business establishment seeking to provide outdoor table
service obtains a sidewalk table service permit from the Town Manager; and
(b) The proprietor of the establishment seeking such a permit is authorized by its
ABC permit to serve beer, wine and/or other alcoholic beverages at the outdoor
dining tables authorized by this Ordinance;
(c)
The proprietor seeking and obtaining such a permit shall be responsible for
maintaining order at the outdoor tables. All patrons consuming beer, wine or
other permitted alcoholic beverages at the outdoor table(s) or seats provided shall
remain seated, and shall not stand in or otherwise obstruct or impede travel on the
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sidewalks. Additionally, no beer, wine or alcoholic beverages may be consumed
at the outdoor tables provided unless food is also being consumed at the table.
Section 4. The proprietor of a food service establishment in Hillsborough desiring to
provide outdoor table service on a public sidewalk must obtain a permit from the Town Manager
authorizing such outdoor table service prior to commencing such service. Any permit issued
shall have a maximum duration of one (1) calendar year (January 1 through December 31) and
may be renewed for subsequent one (1) year periods upon application and satisfaction of the
requirements of this Ordinance. An applicant may be granted a sidewalk table service permit
upon payment of the application fee in an amount to be established, and as may be amended
from time to time, by the Town Board, and after providing the following information to the
Town Manager's satisfaction:
(a) A written application for a Sidewalk Table Service Permit on a form provided by
the Town Manager. Such application shall be reviewed by the Chief of the Town
of Hillsborough Police Department, who shall review the applicant's plan,
provide comments on any public safety considerations related to the applicant's
plan and report to the Town Manager the number of requests for police assistance
and/or complaints on file during the previous year concerning the address for
which the applicant seeks a permit; and
(b)
A statement of the Applicant's intent whether to serve or to allow the
consumption of alcoholic beverages at the table(s) to be provided and, if so, copy
of the Applicant's ABC permit demonstrating that the Applicant is properly
licensed to allow the consumption of beer, wine and/or alcoholic beverages at the
outdoor tables, and a verified statement by the Applicant that (i) its ABC permit is
in good standing and (ii) the Applicant has not been cited for any violation of its
ABC permit for the premises within the previous three (3) year period. If the
Applicant has been cited, the Applicant must provide a statement describing the
circumstances for which it was cited and describing what, if any, penalty was
imposed for the incident; and
(c)
Photograph(s) of the proposed location of the tables/seats and a seating plan
indicating the dimensions of the sidewalk immediately adjacent to the food
service establishment, the number of tables and the number of seats at each table
requested by the Applicant, and a to-scale plan demonstrating that sufficient,
unobstructed space is available on the sidewalk to permit travel (including travel
via wheelchair) on the sidewalk. The Applicant's plan must also indicate that the
table(s) and seats shall be suitably stored at a location out of view from the public
sidewalk at the close of business each day, and that the table service area must be
maintained, and all debris or refuse removed from the area, at regular intervals
during the business day so as to maintain an orderly appearance and to prevent the
attraction of vermin, insects or other pests to the area. At a minimum, the
photograph(s) and plan must show the proposed location of the tables and/or seats
requested by the Applicant and any existing plants, trees, utility poles and other
fixtures located on the sidewalk within twenty (20) feet of any proposed table or
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seat. The plan must also demonstrate that if the table( s) and seats are placed as
proposed, there will remain an unobstructed path for pedestrian travel on the
sidewalk at least four (4) feet wide; and
(d)
The Applicant, or an authorized officer or member if the applicant is not an
individual, must sign an agreement to indemnify and hold the Town harmless
from any and all claims of property damage, personal injury or death arising from
or related to the provision of outdoor table service at the establishment; and
(e)
A Certificate of Insurance indicating that the applicant has, or will have, in place
for the duration of the permit period, liability insurance for the premises and all
activities conducted thereon.
Upon the satisfaction of these conditions, and upon payment of the application fee, the Town
Manager may issue a sidewalk table service permit, with or without conditions, authorizing
outdoor table service in accordance with the Applicant's plan. Applicants shall be bound by all
conditions imposed and by all representations made in the application and materials submitted in
support thereof.
Section 5. Penalty. Any violation of this Ordinance shall constitute a misdemeanor,
punishable as provided in North Carolina General Statutes Section 14-4. A first violation of a
Sidewalk Table Service Permit issued pursuant to this Ordinance shall result in the issuance of a
written warning to the Permittee. A second violation within one year of the first shall result in an
immediate thirty (30) day suspension of the Permit. A third violation within one year of the first
shall result in immediate revocation of the Permit. Additionally, a violation of any of the
provisions of this Ordinance shall also subject the offender to a civil penalty of up to five
hundred dollars ($500). If a 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. The Town may also seek to enforce this chapter through any appropriate
equitable action. Each day that a violation continues after the offender has been notified of the
violation shall constitute a separate offense. The Town may seek to enforce this Ordinance by
using anyone, or a combination, of the foregoing remedies.
Section 6. In the event of a conflict between the provisions of this Ordinance and any
other Town ordinance, the provisions of this Ordinance shall control. The enactment of this
Ordinance, however, shall not result in any change in the general applicability of any other
Town ordinance.
Section 7. This ordinance shall become effective upon adoption.
The foregoing ordinance, having been submitted to a vote, received the following that was duly
adopted this 14th day of October, 2002.
Ayes: 5
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Noes: ..{7
Absent or Excused: :.e-
11)01
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