HomeMy Public PortalAbout03-10-2003 Regular Session
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MINUTES
HILLSBOROUGH TOWN BOARD
March 10, 2003
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on March 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, 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 7:31 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 (speakers will have a 5 minute limit)
.
There were no audience comments.
3. AGENDA CHANGES & AGENDA APPROV AL
Mayor Joe Phelps delayed Item 4 Presentation of the Mayors Town Pride Award to the R. C.
Neighbors Company, Inc. since the they have not yet arrived. The Mayor stated that the
presentation would be made upon their arrival at the meeting.
Mayor Phelps removed Item 8.B from the Consent Agenda to be heard separately before Item 9.
Commissioner Sheridan added a discussion of the Sign Ordinance as Item 9.J.
Mayor Phelps reported that on April 2, 2003 there will be an all day Senior Housing Seminar.
He stated that he will have the Clerk distribute copies of the Seminar Agenda once he has
received it.
By consensus, the Board approved the printed Agenda with the aforementioned changes.
4. PRESENTATIONS
A. Presentation of "Mayor's Town Pride Award" to R.C. Neighbors Company, Inc.
. This Item was moved until later in the meeting.
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5. APPROVAL OF THE MINUTES OF JANUARY 25, 2003 BUDGETARY PLANNING
SESSION, THE JANUARY 27, 2003 MONTHLY WORKSHOP AND CLOSED
SESSION, THE FEBRUARY 10, 2003 REGULAR BOARD MEETING, AND THE
FEBRUARY 24, 2003 MONTHLY WORKSHOP
Commissioner Dancy noted that in the January 25, 2003 draft Minutes on page 1 in the
paragraph showing the Board attendance, Commissioner Brian Lowen's name needs to be
changed to Commissioner Mike Gering.
Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved
to approve the Minutes of the January 25, 2003 Budgetary Planning Session with the
aforementioned change and the January 27, 2003 Monthly Workshop and Closed Session, the
February 10, 2003 Regular Board Meeting, and the February 24, 2003 Monthly Workshop as
presented by a vote of 4-0. The motion was declared passed.
6. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson reminded the Board of the State of the Local Economy Breakfast
tomorrow morning. He stated that persons wanting to ride or car pool should meet at the Town
Hall at 7:00 AM.
Assistant Town ManagerlPublic Works Director Demetric Potts gave a brief update on the
storm damage recovery and his meetings with FEMA regarding reimbursements.
. 7. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel presented an update on current water/sewer projects.
Mayor Phelps stated he felt a Board Member should serve on the Water/Sewer Advisory
Committee as an adhoc member.
Upon a motion by Commissioner Gering, seconded by Commissioner Chavious, the Board
moved to appoint Mayor Joe Phelps to serve as an adhoc member on the Water/Sewer Advisory
Committee by a vote of 4-0. The motion was declared passed
Commissioner Lloyd arrived at the meeting at 7:45 PM.
8. CONSENT AGENDA
A. Consider approval of purchase of FolderlInserter and Burster
B. Consider approval of a Proclamation proclaiming March 2003 as "Women's History
Month"
C. Consider approval of an Ordinance to amend Chapter 6, Section 6A-5 of the Town Code
to erect a stop sign at the intersection of Beckett's Ridge Drive and Millstone Drive
D. Consider approval of adopting the Federal Mileage Reimbursement Rate of 36~/mile
.
Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved
to approve Items 8.A, 8.C, and 8.D on the Consent Agenda as presented by a vote of 5-0. The
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motion was declared passed. A copy of the Ordinance to amend Chapter 6, Section 6A-5 of the
Town Code to erect a stop sign at the intersection of Beckett's Ridge Drive and Millstone Drive
is hereby made a part of these official Minutes as an Attachment.
ITEM 8.B Consider approval of a Proclamation proclaiming March 2003 as "Women's
History Month"
Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board
moved to approve Items 8.B on the Consent Agenda as presented by a vote of 5-0. The motion
was declared passed. Commissioner Dancy read the Proclamation. A copy of the Proclamation
is hereby made a part of these official Minutes as an Attachment.
9. ITEMS FOR DECISION - REGULAR AGENDA
A. Consideration of An Order Finding Time Warner Cable's 2003 FCC1240 Basic Service
Tier and FCC1235 Cost of Service Rates are Reasonable and FCC1205 Installation
Rates Comply with the FCC's Rules and are Subject to the Conditions Stated Therein
Action Audits President Bob Sepe appeared before the Board and presented a Report on the
Time-Warner Cable's 2003 Rate Order for the Board's consideration.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to accept the report and approve the Rate Order as presented by a vote of 5-0. The motion was
declared passed.
ITEM 4 PRESENTATIONS
A. Presentation of "Mayor's Town Pride Award" to R.c. Neighbors Company, Inc.
Mayor Joe Phelps read and presented the "Mayor's Town Pride Award" to Steve and Mike
Neighbors for the outstanding contributions toward increasing the beauty of our community
with the way they have remodeled their new office space and landscaped the surrounding
property at 636 N. Churton Street. A copy of the Award is hereby made a part of these official
Minutes as an Attachment.
B. Update from Code Enforcement Officer on Nuisance and Junk Car abatement efforts
Code Enforcement Officer Todd Chavious was not present at the meeting but Assistant Town
Manager/Public Works Director Demetric Potts reported on the status of the Town's Code
enforcement efforts. He reported that of the original 141 violations, there are approximately 27
remammg.
Assistant Town Manager Potts asked for the Board's guidance on how to proceed with the
remaining violations.
Upon a motion by Commissioner Gering, seconded by Commissioner Sheridan, the Board
authorized the staff and Town Attorney to proceed with giving notice of Civil Penalty
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Assessment by a vote of 5-0. The motion was declared passed. The staff agreed the notices
would be sent out by April fIrst with the assessment beginning on May 1,2003.
C. Consideration of Change Order #1 for the Water Plant Upgrade Project
Town Engineer Kenny Keel presented the Change Order for the Board's consideration. He
explained that some old electrical gear in the Water Plant needs to be replaced due to corrosion
and wear of the 30-year-old equipment.
Upon a motion by Commissioner Sheridan, seconded by Lloyd, the Board moved to approve
the Change Order for the Water Plant Upgrade Project as present by a vote of 5-0. The motion
was declared passed.
D. Consideration of the Water/Sewer Extension Contract for Old Mill Phase 3
Town Engineer Kenny Keel presented the Water/Sewer Extension Contract for Old Mill Phase
3 for the Board's consideration. He reported that initially, the developer proposed to use Town
water and install septic systems for sewer. Due to the proximity to the proposed Cates Creek
Outfall and existing sewer in Beckett's Ridge, the developer agreed to install gravity sewer and
a small pump station. Since the Utilities Department anticipates the construction of the Cates
Creek Outfall in the next few years (pending development of land near 1-40), and this pump
station will be abandoned when the outfall is constructed, the staff recommends relaxing some
requirements for this pump station. The department is recommending: (1) not requiring the
developer to provide a spare pump, (2) to give the developer the option of installing a manual
transfer switch for the generator, and (3) to waive the perpetual maintenance fee for the pump
station. The Contract also requires that the needed easements for the Cates Creek Outfall across
the property be given to the Town at no cost.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board
moved to approve the Water/Sewer Extension Contract for Old Mill Phase 3 as presented by a
vote of 5-0. The motion was declared passed.
E. Consideration of Ordinance to annex Old Mill Business Park, Phase 3, 34.3 acres along
Beckett's Ridge Drive extension and Leah Drive
Planning Director Margaret Hauth presented an Annexation Feasibility Report and Annexation
Ordinance for Old Mill Business Park, Phase 3 for the Board's consideration. She reported that
this infill project is not expected to have a negative financial impact on the town. The estimates
of revenue are conservative and expenditures are reasonable.
Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved
to approve the Ordinance to annex Old Mill Business Park, Phase 3, 34.3 acres along Beckett's
Ridge Drive extension and Leah Drive as presented by a vote of 5-0. The motion was declared
passed. A copy of the to annex Old Mill Business Park, Phase 3, 34.3 acres along Beckett's
Ridge Drive extension and Leah Drive is hereby made a part of these official Minutes as an
Attachment.
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F. Consideration of Ordinance to Zone Old Mill Business Park, Phase 3, EDD-Primary and
R-I0
Planning Director Margaret Hauth presented the Ordinance for the Board's consideration. She
reported the Planning Board unanimously recommended the EDD-Primary zoning west of
Cates Creek and R-15 east of Cates Creek at their meeting after the Public Hearing.
Commissioner Sheridan inquired whether or not the property would be for sale as a whole.
Tony Whittaker responded that an offer on the entire property has not been made.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to adopt the Ordinance to Zone Old Mill Business Park, Phase 3, EDD-Primary and R-15 by a
vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part
of these official Minutes as an Attachment.
G. Discussion of Downtown Parking
Mayor Phelps explained that the Hillsborough Police Department has been enforcing the
downtown parking and it is causing the Police Chief to spend a lot of time dealing with citizen
complaints. The Mayor asked if the Board was interested in having any of the downtown 2-
hour time restriction removed from some of the parking spaces..
After some discussion, the Board determined that the existing Ordinances on Downtown
Parking would be enforced as written.
H. Update and Discussion of Hiring Process to prepare for the Retirement of the Finance
Director next year (March 2004)
Town Manager Eric Peterson updated the Board and reported that Finance Director Sherry
Carter has announced that she will be retiring next year (March 2004) after 20 years of service
to the Town. The staff is hoping to hire a potential successor to Mrs. Carter by September, thus
giving the new hire about six months to work with Mrs. Carter to help with the transition into
the position. Having a new director hired by September is important since it will allow the new
director to work with Mrs. Carter through the audit process, as well as other key reporting dates,
and the start of the budget process.
I. Select "Hot Topics" for discussion at the Board's March Workshop
Planning Director Margaret Hauth informed the Board that Gwen Phillips with Orange County
Department of Social Services would be present to discuss retirement centers with the Board.
ADDED ITEM 9.J DISCUSSION OF SIGN ORDINANCE
Commissioner Sheridan requested the Sign Ordinance be enforced which would mean some of
the signs on South Churton Street would possibly need to have their sizes changed or be
lowered. He requested that a plan for enforcement be prepared.
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By consensus, the Board directed staff to inventory the signs that are currently in violation.
Furthermore, the Board directed the Town Attorney to prepare a report on the appropriate laws
surrounding the Town's authority to have businesses make the appropriate changes.
10. CLOSED SESSION
A. Closed Session for the purpose of discussing a Personnel Matter
B. Closed Session for the purpose of discussing Potential Litigation
Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board
moved to go into Closed Session for the purposes of discussing a Personnel Matter and
Potential Litigation by a vote of 5-0. The motion was declared passed.
11. ADJOURN
After returning to Open Session, and upon a motion by Commissioner Gering, seconded by
Commissioner Sheridan, the Board moved to adjourn a approximately 11: 15 by a vote of 5-0.
n.~motion ~
espectfully submItted, ,
Donna F. Armbrister, CMC
Town Clerk
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AN ORDINANCE AMENDING SECTION 6 OF THE TOWN CODE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH
ORDAINS:
Section 1.
Section 6A~5 of the Hillsborough Town Code is hereby amended to add
the following stop sign:
Stop Street
Beckett's Ridge Drive Extension
Approach
Southeast
Main Street
Millstone Drive
Section 2.
All provisions of any Town Ordinance in conflict with this Ordinance are
repealed.
The foregoing Ordinance having been submitted to a vote, received the following vote
and was duly adopted this /IJM day of /Y1lVldt 2tJ!l3
.
Ayes: .s-
Noes: ,&-
Absent or Excused: -G-
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TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS
WOMEN'S HISTORY MONTH
PROCLAMATION
WHEREAS, American women of every culture, class, and ethnic background have
made historic contributions to the growth and strength of our Nation in countless recorded and
unrecorded ways;
WHEREAS, American women have played and continue to playa critical economic,
cultural, and social role in every sphere of the life of the Nation by constituting a significant
portion of the labor force working inside and outside of the home;
WHEREAS, American women have played a unique role throughout the history of the
Nation by providing the majority of the volunteer labor force of the Nation;
WHEREAS, American women were particularly important in the establishment of early
charitable, philanthropic, and cultural institutions in our Nation;
WHEREAS, American women of every culture, class, and ethnic background served
as early leaders in the forefront of every major progressive social ch~nge movement;
. WHEREAS, American women have been leaders, not only in securing their own rights
of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation
movement, the industrial labor movement, the civil rights movement, and other movements,
especially the peace movement, which create a more fair and just society for all; and
WHEREAS, despite these contributions, the role of American women in history has
been consistently overlooked and undervalued, in the literature, teaching and study of American
history; and
Now, THEREFORE, we, the Board of Commissioners of the Town of Hillsborough, North
Carolina hereby proclaim March 2003 as "Women's History Month" and commend this
observance to Hillsborough citizens.
THIS THE 1(jh DA Y OF MARCH, 2003.
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STATE OF NORTH CAROLINA
TOWN OF HILLSBOROUGH, NC-0068 & NC-0936
BEFORE THE TOWN BOARD
IN THE MA TIER OF: )
The Review ofFCCI240 Annual Rate )
Adjustment Request, FCCI235 )
Abbreviated Cost of Service Rate Request, )
and FCC1205 Equipment and Installation )
Rate Request filed by Time Warner )
An Order Finding Time Warner Cable's 2003
FCC1240 Basic Service Tier and FCCI235 Cost of
Service Rates are Reasonable and FCCI205
Installation Rates Comply with the FCC's Rules and
are Subject to the Conditions Stated Herein.
WHEREAS, in accordance with the provisions of the Cable Television Consumer Protection and
Competition Act of 1992 (1992 Act), the Federal Telecommunications Act of 1996 (1996 Act), the Town Code, and
regulations adopted pursuant to that Code, the Town Board is permitted to regulate rates for basic cable services and
associated equipment;
WHEREAS, Time Warner Cable of Raleigh-Durham (Time Warner) submitted FCC 1240 Updating Annual
Maximum Permitted Rates filings for Regulated Cable Services with the Town. Time Warner's filings encompass
external costs, inflation, and program costs for the True-up period of October 200 I through September 2002, and the
projected period of January 2003 through December 2003;
WHEREAS, the Town received a report trom its Consultant stating that Time Warner submitted its
FCCl240 before the FCC published its October 2002 updated inflation factors; Time Warner's FCCI240 rate
calculations comply with the FCC's rate-making rules;
WHEREAS, Time Warner submitted a consolidated "Company" FCCI205 Determining Regulated
Equipment and Installation Costs filing with the Town to set the regulated rate for the Hourly Service Charge,
Installation Services and Equipment rental rates;
WHEREAS, the FCC reversed the Town of Smithfield's 2002 Local Rate Order (FCC: DA 03-177) that
found Time Warner's 2002 HSC as unreasonable because that while mathematical accuracy is a rate determinant, the
magnitude ofa rate increase (26+%) alone is insufficient evidence upon which to find a rate unreasonable;
WHEREAS, the Town received a report trom its Consultant stating that although Time Warner was not
able to justify assumptions underlying the Hourly Service Charge ($37.62), the FCC has said that while
mathematical accuracy is a determinant, the magnitude ofa rate increase (26+%) is insufficient justification to deem
a rate unreasonable;
WHEREAS, because of the FCC's ruling, The Town Board rescinds that portion of its 2002 Local Rate
Order that disapproved Time Warner's 2002 HSC; and
WHEREAS, the Town is certified with the FCC to regulate basic service tier rates provided by Time
Warner in the Town.
NOW THEREFORE THE TOWN BOARD MAKES THE FOLLOWING FINDINGS:
THAT Time Warner's Maximum Permitted Rate for Basic Tier Service for NC-0068 ($13.44) is
reasonable;
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THA T Time Warner's Combined Maximum Pennitted Rate for Basic Tier Service for NC-0936 ($12.04) is
reasonable;
THAT Time Warner's NC0068 $1.45 and NC0936 $1.81 "Add-on" Rates for Basic Tier Service are
reasonable;
THA T Time Warner may charge a Basic Service Tier rate below the approved combined maximum
pennitted rate;
THAT Time Warner has substantiated the other adjustments to its cable service rates based on past and
estimated cost elements
THAT Time Warner's "Company" $37.62 HSC complies with the FCC's rate regulation rules;
THAT Time Warner may base its installation rates on its 2003 FCCl205 HSC rate of$37.62; and
THAT Time Warner has substantiated adjustments to its FCCI205 equipment rates.
IT IS THEREFORE ORDERED:
THAT Time Warner's Combined Maximum Pennitted Rates, inclusive of the "Add-On" charge, for Basic
Tier Service is reasonable and that Time Warner may charge a combined "selected" BST rate below the approved
maximum pennitted rates, but not above it;
THAT the maximum pennitted Basic Service Tier rate for Time Warner subscribers in The Town for the
projected period shall not exceed $13.44 in NC-0068 nor $12.04 in NC-0936 per month, subject to subsequent
fmdings by the Board to the contrary;
THAT The Town Board rescinds its 2002 Local Rate Order that found Time Warner's 2002 HSC as
unreasonable;
THAT Time Warner's Equipment, Installation and HSC rates comply with the FCC's rate regulation rules;
THAT the Town reserves its right to revise this Rate Order subject to subsequent contrary findings by the
Board; and
THAT this Order will be effective immediately, copies will be released to Time Warner and the public.
ISSUED BY ORDER OF THE HILLSBOROUGH TOWN BOARD
This the iLdfday of /1J dAd., 2003.
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Deliver Report and Executed Order via Certified US Mail to: Paul Baccellieri, Time Warner Cable; 101 Innovation Av.; Morrisville, NC 27560
Copy to: Action Audits, LLC., 101 Pocono LN., Cary, NC 27513.
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223
Ordinance No. 03102003-1
The following ordinance was introduced by Commissioner Michael Gering
duly seconded by Commissioner Frances Dancy
, and
AN ORDINANCE ANNEXING
CERTAIN CONTIGUOUS PROPERTY
WHEREAS, a petition was received requesting the annexation of the Old Mill Properties
property~
WHEREAS, the petition was signed by the owners of all the real property IQcated within
such area; and
WHEREAS, a public hearing on the annexation was helg on March 4, 2003 following
notice of such hearing published in the News of Orange on FebruarY 22nd'and 29th.
NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF
HILLSBOROUGH ORDAINS:
Section 1. The Board of Commissioners finds that a petition requesting the annexation of
the area described in Section 2 was properly signed by the owners of all the real property located
within such area and that such area is contiguous to the boundaries of the town of Hillsborough,
as the term "contiguous" is defined in G.S._160A-31(f).
Section 2. The following area is hereby annexed to and made a part of the Town of
Hillsborough:
34.3 acres between Beckett's Ridge subdivision and Old Mill Business Park The parcel is
identified as Tax Map 4.40.A.22. The affected area is shown on the attached map.
Section 3. This Ordinance shall become effective on adoption.
Section 4. The Town Clerk shall cause to be recorded in the 'Office of the Register of
De~ds of Orange County and in the Office of the Secretary of State an accurate map of the
annexed territory described in Sections 2 together with a duly certified copy of this ordinance.
Such a map shall also be delivered to the Orange County ,Board of Elections as required by G.S.
163-288.1. '
The foregoing ordinance having been submitted to a vote, received the following vote and was
duly adopted this 10th day of March, 2003.
Ayes: 5
Noes: 9)
Absent or Excused: 0
a~
Town of Hills borough
Eric .Peterson, Town Manager
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SEAL
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own of Hills borough
Donna F. Armbrister, Town Clerk
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. Sf A TIi OF~NOR.m CAROLINA
COUNTY' OF-ORANGE
I, ~ ~ ~ <>v<>tJ , a Notary Public for said County and
State, do hereby cert fy th t Donna F. ~ster, Town Clerk, personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the J.DY-L day of 'M~
,~003. __
(Offici~ Seal)
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224
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My commission expires <f- t, - J. DO '1
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225
AN ORDINANCE AMENDING THE ZONING MAP
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HlLLSBOROUGH ORDAINS:
Section 1.
Section 2.
Section 3.
Section 4.
The Zoning Map of the Town of Hillsborough is hereby amended to zone 34.3
acres of newly annexed property between Old Mill Business Park and Beckett's
Ridge subdivision. .
Based on the attached map, the area west of Cates Creek is hereby zoned EDD-
Primary and contains approximately 29 acres. The area east of Cates Creek is
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zoned R-L and contains approximately 5.3 acres.
_All provisions of any town ordinance in conflict with this ordinance are repealed.
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 March, 2003.
Ayes: f'
Noes: ..e--
Absent or Excused: .p-
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Donna F. Armbrister, Town Clerk