HomeMy Public PortalAbout02-10-2003 Regular Session
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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Commissioner Chavious, the Board moved to adjourn at approximately 10:30 PM by a vote of 5-
O. The motion was declared passed.
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Donna F. Armbrister, CMC
Town Clerk
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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
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AN ORDINANCE AMENDING THE ZONING ORDINANCE
. OF THE TOWN OF HILLSBOROUGH
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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'-
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Donna F. Annbrister, Town Clerk
Town
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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.
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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.
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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.
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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.
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'Joe Phelps, Mayor
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Eric Peterson, Town Manager
Cc:
Board of Commissioners
Bob Hornik, Town Attorney
Sherry Carter, Finance Director
Personnel File (Eric Peterson)
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This instrument bas been preaudited in the manner reg .red by,
Government Budget and Fiscal Control Act.
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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.
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