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HomeMy Public PortalAbout12-02-2002 Regular Session . . . 1. /11 Town of HW,~. gh MINUTES IDLLSBOROUGH TOWN BOARD December 2, 2002 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on December 2, 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, Kenneth Chavious and Michael Gering. Absent was Commissioner Mark Sheridan. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Finance Director Sherry Carter, Fire Marshal/Code Enforcement Officer Todd Chavious, Assistant Town ManagerlPublic Works Director Demetric Potts, Police Chief Nathaniel Eubanks, and Town Attorney Bob Hornik. 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 There were no audience comments. 3. AGENDA CHANGES & AGENDA APPROVAL Mayor Phelps deleted Item 8.J and moved Item 8.A down to 8.K. Mayor Phelps also added a discussion of the recent Joint Meeting with Orange County as Item 8, and a discussion of the proposed Waterstone Development as Item 8.0. By consensus, the Board approved the agenda with the aforementioned changes. 4. REPORTS A. John Frank from Dixon-Odom, CPAs will present the Town's Audit results and the comprehensive Annual Financial Report Mr. John Frank reported that the Town's internal controls are in good order. He stated that the Town's General Fund balance increased by $240,642 last fiscal year. Mr. Frank stated that the Town has again received the Certificate of Excellence in Financial Reporting. A1 Hartkoph addressed the Board stating his support for the Mayor, Manager, and Town Staff. He expressed his appreciation for all their efforts to continue to provide services under the tight financial constraints of this year's budget. . . . .! 4? 1 . ,.. 5. APPROVAL OF THE MINUTES OF THE NOVEMBER 18TH REGULAR BOARD MEETING AND THE NOVEMBER 18TH CLOSED SESSION Commissioner Gering noted that on page 3 of the November 18th Regular Board Meeting Minutes, in paragraph 4 the name Mary Jewell needs to be changed to Linda Schmitt. Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved to approve the Minutes of the November 18th Regular Board Meeting with the aforementioned amendment, and the Minutes of the November 19th Closed Session as presented by a vote of 4-0. The motion was declared passed. 6. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson had no additional report. 7. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented a status report on all current water/sewer projects. ADDED ITEM: ITEM 8. JOINT MEETING WITH ORANGE COUNTY Mayor Phelps expressed his concerns with the Joint Meeting, which was held with Orange County. Phelps stated that the joint meeting was called for the purpose of discussing proposed developments. Items were added to the agenda without any consultation with the Town Board or staff. The Mayor declared that for any future joint meetings with Orange County the agenda items would be mutually agreed upon. Mayor Phelps commended Police Chief Nathaniel Eubanks for his department's handling of the truck traffic on Churton Street. The Mayor commended the Department Heads and staff for their dedication and willingness to continue their cost saving efforts. 8. ITEMS FOR DECISION - REGULAR AGENDA A. Brenda Hayes, Lee Gordon, and G. Robert Stephenson, Jr. wish to address the Board regarding the proposed Corbinton Commons Development Mayor Phelps stated that since this Board Meeting is not a Public Hearing, another Public Hearing would need to be scheduled at a later time to hear these comments when the speakers could be sworn in. By consensus, this Item was tabled. B. Update on Phase n Mandated Stormwater Management Requirements 2 . . . 1 Ii .) 1 1 J Assistant Town Manager/Public Works Director Demetric Potts reviewed the Phase II Stormwater Regulation with the Board. He explained that in order to comply with these regulations, the Town will need to either hire a consultant or a new staff person in the Planning Department. C. Discuss proposed Pathways Development on NC57 By consensus, the Board agreed to move this Item to the end of the Agenda. D. Consideration of Ordinance to amend Chapter 12 of the Town Code regarding Fire Prevention Fire Marshal Todd Chavious presented the Ordinance amendment for the Board's consideration. Upon a motion by Commissioner Gering, seconded by Commissioner Chavious, the Board moved to adopt the Ordinance to amend Chapter 12 of the Town Code regarding Fire Prevention 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. E. Discussion regarding Water use Restrictions and the Capacity Use Agreement (Direction) By consensus, the Board agreed that the Water/Sewer Advisory Committee recommendations should be sent to staff. They noted that their priorities are to 1) make Ordinances consistent between the Town and Orange County; and 2) make restrictions based on Town's water capacity not strictly on the level of Lake Orange. F. Discussion of Resolution regarding Elizabeth Brady Road Planning Director Margaret Hauth presented two draft Resolutions for the Board's consideration. After much discussion, the Board opted to write their own Resolution. The Board provided Hauth with what they wanted the Resolution to say. Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board moved to approve the Resolution Regarding Elizabeth Brady Road for the Durham-Chapel Hill- Carrboro Metropolitan Planning Organization 2025 Long Range Transportation Plan by a vote of 3-1 with Commissioners Chavious, Dancy, and Lloyd voting Aye; and Commissioner Gering voting Nay. The motion was declared passed. A copy of the Resolution is hereby made a part of these official Minutes as an Attachment. G. Confirm TJCOG Appointments Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to confirm that Commissioner Dancy is the TJCOG delegate and that Mayor Joe Phelps is the alternate by a vote of 4-0. The motion was declared passed. 3 . . . i {1 11 .i .x "X H. Consider acceptance of Churton Grove Phase 2A-Section 2, water and sewer utilities Town Engineer Kenny Keel reported that he has inspected the water and sewer facilities that were installed to serve Phase 2A-Section 2 (lots 120-139,274,275) ofChurton Grove Subdivision, and stated that he is satisfied with the quality, workmanship, etc. of the facilities. The facilities meet or exceed the Town Specifications, and all Phase 2 fees have been paid (including the perpetual maintenance fee for the pump station). Phase 2A- Section 1 (2A-l accepted on June 11,2001). Keel recommended that the Board accept the water and sewer utilities serving Phase 2A-Section 2 ofChurton Grove Subdivision. He explained that acceptance will transfer ownership of the facilities to the Town and initiate the one-year warranty period. Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to accept the Churton Grove Phase 2A-Section 2, water and sewer utilities as recommended by a vote of 4-0. The motion was declared passed. 1. Consider approval of contract with Severn Trent Pipeline Services for Phase 2 of the Sewer System Evaluation Study Engineer Kenny Keel presented the proposed Contract for the Board's consideration. He explained the Town Sewer System has significant inflow and infiltration problems that the Town is attempting to address. During rain events, the flow to our WWTP increases greatly and causes problems for the treatment process. Also, the extra collection system flows can cause overflows into the environment, which can result in fines from NCDWQ. Phase 2 of the Sewer System Evaluation Study proposed in this contract will continue to identify problem areas in our system, and help the Town to determine where we can get the most "bang for the buck" when we spend money of fixing inflow and infiltration problems, Due to the size of our system, the significant cost of evaluation the system, and the cost of fixing problems when they are identified, the study of out system is being spread over a five-year period. Keel stated that Severn Trent Pipeline Services has extensive experience in this type of work and recommended the Board approve the Contract. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Contract with Severn Trent Pipeline Services for Phase 2 of the Sewer System Evaluation Study by a vote of 4-0. The motion was declared passed. J. Consider request from Walkable Hillsborough to submit Active Living by Design grant request This Item was deleted from the Agenda. K. Discussion with EYC companies, applicant for Mixed Residential Special Use zoning Ellis Coleman, representing EYC, appeared before the Board and reviewed the proposed development plans. He stated they have received comments on traffic, density, property values, and standard of living which they are currently taking into consideration. He presented the board with a Traffic Generation Comparison prepared by the John R. McAdams Company, Inc., 4 'l '"=" l/i J which is hereby made a part of these official Minutes as an Attachment. . The Board confirmed that this issue will be on the January 27th Work Session Agenda for further consideration. L. Update on downtown Christmas decorations Assistant Town Manager/Public Works Director Demetric Potts reported that Public Works staff started putting up Christmas decoration on Churton Street today. The tree will go up on Thursday on the Courthouse lawn. He reminded the Board that only the tree will be lit. The decorations on the light poles will not be lit due to the lack of appropriate electrical connections. M. Discuss and consider funding Cost of Living Adjustments for employees for the remainder of FY03 (Effective January 1,2003) Town Manager Eric Peterson discussed the issuance of a Cost of Living Adjustment for employees for the remainder of the fiscal year. He proposed a 2% COLA to be effective January 1,2003. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve a 2% Cost of Living Adjustment for all Town Employees effective January 1, 2003 by a vote of 4-0. The motion was declared passed. . N. Discuss Agenda Formatting Town Manager Eric Peterson discussed the use of and "Agenda Form" for each agenda item. He gave a sample to the Board to review. This would also eliminate the need for a Manager's Report of each item on the agenda. By consensus, the Board agreed. ADDED ITEM 8.0 W A TERSTONE Jack Smyre requested a meeting with the Board before the Holidays. Town Manager Peterson suggested Smyre prepare a written report with maps and make individual contact with the Board members. Then the Board can consider the item at their January 13th meeting. By consensus, the Board agreed. ITEM 8.C Discuss proposed Pathways Development on NC57 (This Item was moved to the end of the Agenda) . After a brief discussion, and by consensus, the Board agreed that they are not interested in pursuing the proposed Pathways Development on NC57. 5 . . . '1 1"" .t Ix ,) 9. CLOSED SESSION A. To discuss a legal matter pertaining to collection of delinquent Food and Beverage Tax Payments Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved to go into Closed Session to discuss a legal matter pertaining to collection of delinquent Food and Beverage Tax Payments by a vote of 4-0. The motion was declared passed. 10. ADJOURN Upon returning to Open Session and upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to Adjourn at approximately 10:30 PM by a vote of 4-0. The motion was declared passed. ~ espectfully submitted, Donna F. Annbrister, CMC Town Clerk 6 ~ . ~ "I I' 7 1. x AN ORDINANCE AMENDING CHAPTER 12; ENTITLED "FIRE PREVENTION", OF THE HILLSBOROUGH TOWN CODE THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS AS FOLLOWS: Section 1. Purpose. The purpose of these amendments is to update Chapter 12 of the Hillsborough Town Code. Section 2. Amendments. Chapter 12 of the Hillsborough Town Code shall be and hereby is amended as follows: (a) Section 12-1(a) is amended by deleting the reference to North Carolina General Statutes Section 69-39 ("G.S. 69-39") and substituting in its place a reference to North Carolina General Statutes Section 58-82-1 ("G.S. 58-82-1 "); (b) Section 12-9(a) is amended by deleting the reference to North Carolina General Statutes Section 69-4 ("G.S. 69-4"), and substituting in its place a reference to North Carolina General Statutes Section 58-79-20 ("G.S. 58-79-20"); (c) Section 12-14(b) is deleted in its entirety, and the following is substituted in its place: (b) No burning shall be allowed without a permit, which shall be valid for a period of up to 48 hours, as specified on the permit, and shall be obtained from the Code Enforcement Officer/Fire Inspector. The Code Enforcement Officer/Fire Inspector shall inquire of the Forest Ranger Service as to whether, given the weather conditions, burning shall be allowed on particular days. (d) Section 12-14(b) subparagraph 1, shall be re-designated as Section 12-14(b1), and the last sentence of that section shall be deleted; (e) Section 12-14(d) shall be amended to read as follows: (d) Subject to subsection (i), burning of debris or materials resulting from the clearing for or construction of roads, or the clearing for or construction of new buildings, shall not be permitted. (f) Section 12-14(e) shall be amended by substituting the phrase "Code Enforcement Officer/Fire Inspector" for the phrase "Fire Chief." (g) Section 12-14(i) shall be amended by deleting subparagraph "16" thereof in its entirety, and by substituting the phrase "Code Enforcement Officer/Fire Inspector" for the phrase "Fire Inspector." . . ~ 'I /; ':") 1. X J The foregoing Ordinance, having been submitted to a vote, received the following and was duly adopted this ~ day of December, 2002. Ayes: f Noes:% Absent or Excused: / ~~ 3 Town of ~!lll~ 149 Resolution Regarding Elizabeth Brady Road for the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization 2025 Long Range Transportation Plan BE IT RESOLVED that the Hillsborough Town Board of Commissioners is pleased that bicycle and pedestrian facilities have been included in the Elizabeth Brady Road Extension project connecting US 70 Business and US 70 Bypass; and the Board requests that the 2025 Long Range Transportation Plan reflect the following: The corridor under consideration for the Elizabeth Brady Road Extension is extremely sensitive from both an environmental and cultural aspect and therefore the Town Board implores the NCDOT to employ the highest quality of design standards to the selected option. The Board requests that the alignment shown in the original plan be included in the 2025 Long Range Transportation Plan. . The road configuration should include four lanes unless two lanes are demonstrated to be adequate for the projected traffic volumes in 2025. This resolution being offered upon a motion by Commissioner Dancy Commissioner Chavious was passed at the December 2, 2002 Town Bo rd meeting. and seconded by Commissioners I, Donna F. Armbrister, Town Clerk to the Hillsborough Town Board of Commissioners, do hereby certify that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on December 2, 2002 as relates to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. ~ Witness my hand and seal of said Town, this 4th day of December, 2002. \\\\HII/J", ,,\' HIL II" ,\.' Or L8/:> I~. ......'~~ SEAL '"'O..c'\"'~~ ... .~ -~ ~ :0 ~-:. : I-- Town '-" ~ - of G') - ; Hlli~ ::t: ~ ~ - -:-~ ~ ~,O'^ ~~,~ " 7'1'1J \. ~~ " "" '7 CAROY \\" ," ,,\ III,i..II'" ~~ Donna F. Armbrister Town Clerk 101 East Orange Street. P.O. Box 429 . Hillsborough. North Carolina 27278 919.732.1270 . Fax 919.644-2390 .. . ~ 2K. EXHIBIT B "I r: ') 1 .) \ fill. THE JOHNRMcADAMS COMP~~~ November 20. 2002 Ellis Coleman EYC Companies Forum 1 8601 Six Forks Road. Suite 250 Raleigh. NC 27615 Subject: Dear Ellis: Corbinton Commons Traffic Generation Comparison At your request we have completed a trip generation comparison of the proposed Corbinton Commons project to the existing R-20 zoning. Since. the traffic study was prepared, the density of the project has been reduced significantly. It is my understanding the most recent propOsal limits the development to a 267-unit retirement community generally consisting of: 100 multi-family units, 95 single-family units and a 72 unit assisted living center. U~ing the .[nsliluJe of TransporJation Engineers (ITE) Trip Generation Manual, 6'" Edition, this project is expecred to generate 45 and 72 trips during the a.m. and p.m. peak hours, respectively. This traffic represents only a 3_3% increase in traffic on US 70. . Under the current zoning, a maximum of approximately 66 single.family dwelling units could be oriented On the subject property. Again, based on the Trip Generation Manual, such a development would generate 55 and 74 trips during the a.m. and p.m. peak hours, respectively. To summarize, the traffic impacts of the proposed Corbinton Commons project are less than those anticipated under the current zoning. The peak hour traffic generation of a retirement community is substantially less than that of a traditional subdivision because of the limited number of "home-based-work trips" and ''work-based-home" trips that occur during peak hours. . Should you have additional questions; please contact me at 361-5000. Sincerely, THE JOHN R. McADAMS COMPANY. INC. C~~- Traffic Engineer CIVIL eNGINEERING . LAND PLANNING . SUfWEYING PO Box 14005 . Flasearoh TriangJs Park, NC 2n09 . (919) 361-5000 . fax (919) 361.2269 WWw.johnrmcadams.com