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HomeMy Public PortalAbout02-10-2003 Regular Session . . . 1.78 Town of HWi MINUTES HILLSBOROUGH TOWN BOARD February 10,2003 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on February 10, 2003 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, Mark Sheridan 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, Assistant Town Manager/Public Works Director Demetric Potts, Police Chief Nathaniel Eubanks, and Town Attorney Bob Hornik. Mayor Joe Phelps called the meeting to order at 7:30 PM. PUBLIC HEARING A. Public Hearing to receive citizen comments on Police Grant Mayor Joe Phelps opened the Public Hearing and called for public comment. There was no public comment. Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board moved to close the Public Hearing by a vote of 4-0. The motion was declared passed. Commissioner Lloyd arrived at the meeting at approximately 7:35 PM. INTERVIEW POTENTIAL VOLUNTEER APPLICANT The Town Board interviewed Wendy Novicenskie for a vacancy on the Parks and Recreation Board and Philip Haas to fill a vacancy as the Town's representative on the Orange County Solid Waste Advisory Board. 1. PUBLIC CHARGE Mayor Joe Phelps did not read the Public Charge, but stated that it would be followed and that he expected the Board and Audience to conduct themselves with courtesy and respect. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA There were no audience comments. 3. AGENDA CHANGES & AGENDA APPROVAL . . . 179 Commissioner Gering requested to add a discussion of the new Orange County Building Inspections' Commercial Permits on existing buildings after Item 8.G. By consensus, the Board agreed. Commissioner Lloyd requested to add a discussion of a proposed Asphalt Plant as 8. O. . By consensus, the Board agreed. Mayor Phelps requested to add a discussion of the Agenda Item "Audience Comments Regarding Matters not on the Printed Agenda" as Item 9.P. By consensus, the Board agreed. By consensus, the Board approved the Printed Agenda with the aforementioned additions. 4. APPOINTMENTS A. Appoint Wendy Novicenskie to fill a vacancy on the Parks and Recreation Board with a term ending February 2006 Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to appoint Wendy Novicenskie to serve a three-year term on the Parks and Recreation Board with a term ending February 2006 by a vote of 5-0. The motion was declared passed. B. Appoint Philip Haas to serve as a Town Representative on the Orange County Solid Waste Advisory Board (SWAB) Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board moved to recommend to Orange County the appointment of Philip Haas to serve a Town Representative on the Orange County Solid Waste Advisory Board by a vote of 5-0. The motion was declared passed. 5. APPROVAL OF THE MINUTES OF JANUARY 13, 2003 REGULAR BOARD MEETING, THE JANUARY 13, 2003 CLOSED SESSION, AND THE JANUARY 28, 2003 JOINT PUBLIC HEARING WITH THE PLANNING BOARD Commissioner Gering noted that the Minutes of the January 13th Regular Board Meeting needed to be amended on page 3 to indicate his motion on the Preliminary Subdivision Plan for Old Mill Phase 3 was to approve the portion of the plan on the west side of Cates Creek. He also noted that Item needed to have the number of new lots added. Commissioner Gering stated that the Minutes of the January 28th Joint Public Hearing needed to be amended to indicate Dennis Evans stated that he had been incorrect and that the Village at Meadowview project is not a Continuing Care Retirement Community as he had previously stated at the January 13th Board Meeting. Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved to approve the Minutes of the January 13, 2003 Regular Board Meeting, the January 13, 2003 Closed Session, and the January 28,2003 Joint Public Hearing with the Planning Board with the aforementioned amendments by a vote of 5-0. The motion was declared passed. 2 . . . 180 6. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reported that a "Tree Hazard Assessment" is being conducted as required by FEMA in order to obtain reimbursement for the expense of removing the remaining leaning and hanging trees left from the January ice storm. 7. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel was not present at the meeting. 8. ITEMS FOR DECISION - REGULAR AGENDA A. Consideration of an Ordinance to rezone .7 acres at the southwest comer of the West Corbin St./North Churton St. intersection to Neighborhood Business Planning Director Margaret Hauth presented the Ordinance for the Board's consideration. She reported that the Planning Board's recommendation was unanimous to approve the Ordinance. The Planning Board further suggested the Town Board sponsor a rezoning back to General Commercial if Knight's project does not come to pass to return the current owner to the more flexible district rather than risking an alternate method for delaying the effective date of the rezoning. Hauth reported that her recommendation is to approve the Ordinance. Upon a motion by Commissioner Gering, seconded by Commissioner Chavious, the Board moved to approve the Ordinance to rezone .7 acres at the southwest comer of the West Corbin StreetINorth Churton Street intersection to Neighborhood Business by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of the official Minutes as an Attachment. B. Consideration of an Ordinance to amend the Zoning Ordinance to add Section 5.6 to authorize multi-family dwellings in the Central Commercial District Planning Director Margaret Hauth presented the Ordinance for the Board's consideration. She reported the Planning Board voted unanimously to approve the Ordinance. Hauth further explained that the Ordinance establishes 5 criteria for staff to confirm exist before authorizing the use. In the case of conversion of an existing building, it is possible no other review would be necessary. The creation of parking spaces of the construction of a new building or addition will trigger reviews by the Historic District Commission and Board of Adjustment. Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to approve the Ordinance to amend the Zoning Ordinance to add Section 5.6 to authorize multi-family dwellings in the Central Commercial District by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of the official Minutes as an Attachment. 3 . . . 181 C. Discussion of Village at Meadowview rezoning/special use permit D. Discussion of the next steps for Corbinton Commons rezoning/special use permit Mayor Phelps suggested that the February 24th Board Workshop be devoted to the Village at Meadowview and Corbinton Commons. By consensus, the Board agreed. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to schedule a Joint Public Hearing for April 15th to receive public comment on Corbinton Commons and a Joint Public Hearing for April 22nd to receive public comment on the Village at Meadowview project by a vote of 5-0. The motion was declared passed. Commissioner Dancy suggested that staff contact TJCOG and Jerry Passmore with Orange County's Department on Aging to invite them to attend. Commissioner Gering suggested staff contact Pittsboro to see if they could share information on their experience. E. Consideration of an Ordinance to add Adequate Public Facilities language to the development ordinances Planning Director Margaret Hauth presented the Ordinance for the Board's consideration. She explained that this Ordinance would require all new development with a residential component to seek a Certificate of Adequate Public Schools from the Board of Education after they received zoning approval from the Town, but before construction began. In the case where capacity is not available in the schools, the project could be phased on construction delayed until capacity exists. The recommended standard of 107% of capacity for middle schools will not be applied until the new middle school opens sometime the fall of2006. Planning Director Hauth reported that the Planning Board's earlier recommendation on the Ordinance was 4-4. They discussed the issue again on February 4th. In light of the recent discussions about the impacts of Durham and Mebane, they are asking the Town Board to consider delaying adopting the Ordinance until a Memorandum of Understanding is signed with Mebane, to ensure the issue is addressed in a timely manner. By consensus, the Board delayed action on this Item and requested that Planning Director Hauth and Commissioner Gering inquire at the next Land Use Meeting to have the Mebane/Durham issue quantified and report back to the Board. F. Receive Annexation Petition from Kelly Barnhill, Jr. for Old Mill Phase 3 and schedule a public hearing Update from Code Planning Director Margaret Hauth stated that at the Board's request, Mr. Barnhill has submitted an annexation petition for the 34.3 acres south of Interstate 85 between Old Mill Business Park and Beckett's Ridge subdivision. A new analysis has not been done with the change to non- residential development. Staff has the information and can complete the review before a public 4 . . . 182 hearing, at the Board's direction. The combination of the project being so close to developed areas and being non-residential in nature imply that the project will have a positive fiscal impact on the Town. By consensus, the Board directed staff to prepare an Annexation Feasibility Study to have available at the Public Hearing. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to schedule the Public Hearing on the Old Mill Phase 3 Annexation for March 4, 2003 at 7:00 PM in the Town Barn by a vote of 5-0. The motion was declared passed. G. Enforcement Officer on Nuisance and Junk Car abatement efforts Fire MarshaVCode Enforcement Officer Todd Chavious reported that enforcement letters under the nuisance code have been going out since the 27th of January. The letters are being sent out by certified mail in blocks according to violation type and give the property owner 10 days to respond or remove the violation. Of the 65 or so violations that existed around the beginning of the year, that number has dropped to approximately 47. ADDED ITEM: Discussion of the new Orange County Building Inspections' Commercial Permits on existing buildings Commissioner Gering informed the Board of this new permit Orange County is now issuing. Fire Marshal Chavious suggested Orange County might want to change the name of the Permit to "A Change of Use Permit". By consensus, the Board directed Planning Director Margaret Hauth to contact Orange County and get them to review and explain their permit so the Town Board can understand their process. H. Consider adoption of Grease Ordinance into the Sewer Use Ordinance in the Town Code Town Manager Eric Peterson introduced this Ordinance in the absence of Town Engineer Kenny Keel. Peterson explained that Engineer Keel's request from the Board was not for a vote, but to gather information. Tony Sustaita, owner of Banditos Mexican Restaurant, appeared before the Board. He stated that he has had his plumber evaluate his current system to see what changes would need to be done to bring his restaurant into compliance with the proposed Ordinance. His plumber estimated it would cost a minimum of $15,000. Mr. Sustaita stated that if Banditos were made to come into compliance with this proposed Ordinance, it would force Banditos to close. Mike Cox, representing the Village Diner also appeared before the Board. He reiterated Mr. Sustaita's comments stating that he had received the same information and explained what a hardship it would place on the Diner to come into compliance. Town Manager Peterson stated he would relay the information discussed to the Town Engineer and see what flexibility the Town has. He said he would also have him check with other municipalities to see how they are enforcing their Ordinance. 5 . . . 183 I. Consider use of contingency funds for generators and design work for water and sewage pump stations Town Manager Peterson reported that staff has quotes for engineering design work (and contractor construction estimates) for generators at several pump stations, as well as quotes to purchase generators directly (then the Town staff would do the installation). Town staff would do minimal design internally to determine the generator sizes needed for direct purchase. Staff would like to use up to $40,000 in contingency from the water/sewer fund to purchase and install generators immediately at Dixie and Lawndale Sewage Pump Stations. Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved to authorize the expenditure of contingency funds from the water/sewer fund in the amount of $40,000 for generators by a vote of 5-0. The motion was declared passed. J. Review Comments on Water Restrictions from Water Sewer Advisory Committee and Provide Guidance to Staff Town Manager Peterson told the Board that the Water/Sewer Advisory Committee would like to have a public input meeting on the water restriction stages. By consensus, the Board authorized the Water/Sewer Advisory Committee to hold their own Public Hearing and report back to the Town Board. K. Consideration of Memorandum of Agreement Regarding the Reimbursement of Cellular Phone Costs to the Town Manager Town Manager Peterson presented the Memorandum of Agreement for the Board's consideration. He reminded the Board they had previous discussed using a less cumbersome method of providing a cellular phone for the Town ~anager's use. The proposed Agreement outlines the parameters of how cellular phone use will be handled and reimbursed. An exception can be made by the Board to reimburse larger costs of phone service in the event of a disaster or emergency. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Memorandum of Agreement Regarding the Reimbursement of Cellular Phone Costs to the Town Manager as presented by a vote of 5-0. The motion was declared passed. A copy of the Memorandum of Agreement is hereby made a part of these official Minutes as an Attachment. L. Consideration of Administrative Procedure Policy Regarding Water/Sewer Billing & Disconnections Complaints Town Manager Peterson explained that often times a customer that has a complaint regarding water/sewer disconnection (or similar issue) will circumvent the Billing/Collections Manager and Finance Director by going directly to the Town Manager, and less frequently an elected official. This often causes confusion, is inefficient, wastes staff time, and can lead to an 6 . 184 improper decision being made. The purpose of the proposed policy is to clearly state the procedures for handling these types of complaints, thus helping to increase the probability of resolving these issues in a fair and efficient manner. Mayor Phelps suggested omitting option 3 completely from the written policy. By consensus, the Board agreed and authorized the Town Manager to adopt the Administrative Procedures Water/Sewer Billing and Disconnection Complaint Policy with the aforementioned amendment by a vote of 5-0. The Board declared their full support of this policy. A copy of the amended policy is hereby made a part of these official Minutes as an Attachment. M. Discuss Possible Use of a Temporary Graduate Intern to Coordinate the Town's "Disaster & Emergency Response Plan" Town Manager Eric Peterson presented an alternative proposal for the Board's consideration. He suggested the use of a Summer Intern to Coordinate the Town's "Disaster & Emergency Response Plan". Upon a motion by Commissioner Sheridan, seconded by Commissioner Chavious, the Board moved to authorize the Town Manager to use a Summer Intern to Coordinate the Town's "Disaster & Emergency Response Plan" by a vote of 5-0. The motion was declared passed. N. Select "Hot Topics" for discussion at the Board's February Workshop . The Items for the February Workshop were established earlier in the meeting. . ADDED ITEM O. Asphalt Plant Planning Director Margaret Hauth stated that the Board of Adjustment would be looking at this proposal Wednesday night. ADDED ITEM P. Audience Comments Regarding Matters Not On Printed Agenda Mayor Phelps suggested establishing a time limit of five (5) minutes for each speaker and having that time limited noted on the Agenda Face Sheet. By consensus, the Board agreed. 9. CLOSED SESSION Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to go into Closed Session for the purpose of discussing potential litigation and possible industrial recruitment efforts by a vote of 5-0. The motion was declared passed. 10. ADJOURN Upon returning to Open Session, and upon a motion by Commissioner Dancy, seconded by 7 . . . 185 Commissioner Chavious, the Board moved to adjourn at approximately 10:30 PM by a vote of 5- O. The motion was declared passed. bi~ Donna F. Armbrister, CMC Town Clerk 8 . -. . 186 AN ORDINANCE AMENDING THE ZONING MAP OF THE'TOWN OF HILLSBOROUGH THE BOARD OF COMlYflSSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to rezone 0.7 acres at 103 W Corbin Street from General Commercial to Neighborhood. Business. The affected area is shown on 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 submitted to a vote received the following vote and was duly adopted this 10th day of February, 2003. - Ayes: 5' Noes: ..lr Absent or Excused:V- ~~L~~ Donna F. Armbrister, Town Clerk . . . 187 AN ORDINANCE AMENDING THE ZONING ORDINANCE . OF THE TOWN OF HILLSBOROUGH -----. THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: . Section 't' ~Ih~' Z~~ing Ordinance of the Town of Hillsborough is amended by adding t~e following language as Section 5.6: 5.6 Multi-family dwelling units in the Central Commercial District a. It is the intent of these provisions to allow multiple dwelling units on lots zoned Central Commercial in an effort to mix land uses within the Central Commercial zone to the extent that it does not detract from the function of the zone as a commercial center. It is not the intent of this section to impede the location of retail establishments in the CC district. b. Any lot within the CC zone may contain a single dwelling un~t along with a non-residential enterprise or as an individual use. c. Multiple dwelling units in an attached building are permitted within the CC zone when: ] . The lot is at least] 0,000 square feet in area. 2. The ground floor area is used exclusively for non-residential use(s), including at least one retail enterprise. . 3. No more than 2 dwelling units are permitted without the provision of off-street parking .either on-site or through a lease arrangement at the rate of at least one parking space per dwelling unit. 4. A sidewalk exists within the adjacent public right-of-way or will be constructed as part of the construction/conversion :erocess. Section 2. Subsequent sections are hereby re-numbered to reflect this added section. Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 4. 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 lO'h day of February, 2003. . Ayes: ~ Noes: -0- Absent or Excused: -6'- ~#~ Donna F. Annbrister, Town Clerk Town ;L.'..t..~~~-i:~/;3:.~.'~'..,.;.:.:_.'.:.;...:;~.'.'.'..f.i:..-::~,:...t;'.~.~'~;...~.[.~~~'.~.:~'.'~.'::.'~K. ,_.' c,-"" "1111-.c. ;"f,.,,~_ ~~ '-J:l>.j':~i- F 188 ;::;~1~f~:;J&f;n~';:~':~~:' , . '-. : .~, :.~: -.', ,--'. .; ~~::-:. .' ~.. :-:. .' .~: .-..- ADMINISTRA TIVE PROCEDURES Water/Sewer Billing & Disconnection Complaint Policy The purpose of this administrative policy is to clearly define the procedures that will be followed when customers choose to have complaints and/or requests for services routed outside of the Finance/Billing office. These procedures are intended to aid in helping the staff make a well- informed decision regarding billing, service disconnection, and other similar ,issues. The Finance/Billing office is responsible for its operations, though when not satisfied with this department's decisions customers have the right to take complaints to the Town Manager, Mayor, or individual Commissioners. While most customers with complaints have valid concerns, there are customers (sometimes chronic complainants) who attempt to circumvent the process by voicing their complaints to the Town Manager and elected officials. - The Town Manager and elected officials are not familiar with the specific customer's history, the issue in question, as well as billing procedures and the Town Code in this area. The FinancelBilling Office are familiar with these issues since they deal with them on a daily basis. Thus, all billing, disconnection, and related complaints are best routed through the FinancelBilling office. There will be times that customers feel they must take a complaint or concern beyond the Finance/BilIing Office to the Town Manager or an elected official, in these situations the following procedures should 'be followed: 1. First, the Town Manager or elected official should re-direct complaints back to the Finance/BillingDepartment if they have not yet been heard by the Finance Director, Billing & Collection Manager, or designee. 2. The customer can request a meeting with the Town Manager and representative [rom the Finance Billing department, so they can all meet together at one time. The purpose of having all parties meet at once is to ensure that all information is shared equally, accurately, and at the same time. This holds all parties to a higher level of accountability when meeting together and prevents circumvention of the Finance/Billing office's authority. A decision can then be made after the meeting by the Finance Director and/or Town Manager. . 101 East Oranl!p. Strp.p.t . Po. Rny. 429 . Hillshnrnll.ph. Nnrth {:n.rnlinn ?7?7R Town of ~ill~ 189 ~~~/ MEMORANDUM OF AGREEMENT Between tlte Town of Hillsborollgh and Town Manager Eric Petersoll January 13, 2003 The purpose of this memorandum of agreement is to establish guidelines regarding reimbursement of the Town Manager for use of a personal cellular telephone for Town business. The Town of Hillsborough and Town Manager Eric Peterson agree to pr-ovide Mr. Peterson with a monthly cellular phone reimbursement of up to $35 per month in li.eu of providing the Town Manager with a cellular phone account. Any charges in excess of $35' per month will be the responsibility of Mr. Peterson, unless otherwise approved by the Board of Commissioners (e.g., a large volume of calls made during an emergency/crisis situation). If in the future the Town Manager needs to replace or upgrade his cellular phone, the Town will reimburse this expense, though the Town Board must be informed of the expense, reason for tbe acquisition, and funds must be available. The Board of Commissioners can amend or cancel this agreement anytime they so choose. . - The intent of this agreement is to eliminate the administrative inefficiency and cost' of requiring the Finance Department staff and Town Manager to reconcile reimhursement claims the Town Manager makes for reimbursement of expenses for use of the Town Manager's personal cellular telephone for Town business. In addition, the tem1S of this agreement provide the Town Manager more flexibility in being able to stay in contact with Town officials dming daily work hours, as well as weekends and during out-of-town trips. .~ . /1 / ,.,-.-b-GJ, u-[') 'Joe Phelps, Mayor "/ ,/~ C1 /'~ Eric Peterson, Town Manager Cc: Board of Commissioners Bob Hornik, Town Attorney Sherry Carter, Finance Director Personnel File (Eric Peterson) . This instrument bas been preaudited in the manner reg .red by, Government Budget and Fiscal Control Act. . . - 190 DRAFT ADMINISTRATIVE PROCEDURES Water/Sewer Billing & Disconnection Complaint Policy The purpose of this administrative policy is to clearly define the procedures that will be followed when customers choose to have complaints and/or requests for services routed outside of the FinancefBilling office. These procedures are intended to aid in helping the staff make a well- informed decision regarding billing, service disconnection, and other similar issues. The FinancefBilling office is responsible for its operations, though when not satisfied with this department's decisions customers have the right to take complaints to the Town Manager, Mayor, or individual Commissioners. While most customers with complaints have valid concerns, there are customers (sometimes chronic complainants) who attempt to circumvent the process by voicing their complaints to the Town Manager and elected officials. The Town Manager and elected officials are not familiar with the specifi~ customer's history, the issue in question, as well as billing procedures and the Town Code in this area. The FinancefBilling Office are familiar with these issues since they deal with them on a daily basis. Thus, all billing, disconnection, and related complaints are best routed through the FinancefBilling office. There will be times that customers feel they must take a complaint or concern beyond the FinancelBilling Office to the Town Manager or an elected official, in these situations the following procedures should be followed: 1. First, the Town Manager or elected official should re-direct complaints back to the FinancelBilling Department if they have not yet been heard by the Finance Director, Billing & Collection Manager, or designee. . . 2. The customer can request a meeting with the Town Manager and representative from the Finance Billing department, so they can all meet together at one time. The purpose of having all parties meet at once is to ensure that all information is shared equally, accurately, and at the same time. This holds all parties to a higher level of accountability when meeting together and prevents circumvention of the Finance/Billing office's authority. A decision can then be made after the meeting by the Finance Director and/or Town Manager. - ...