HomeMy Public PortalAbout04-14-2003 Regular Session
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Town
of
Hill~
MINUTES
HILLSBOROUGH TOWN BOARD
April 14, 2003
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on April 14, 2003 at 7:30 PM in
the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps,
and Commissioners Mike Gering, Mark Sheridan, Frances Dancy, Kenneth Chavious,
and Evelyn Lloyd. Staff present were Town Manager Eric Peterson, Town Clerk Donna
Armbrister, Town Engineer Kenny Keel, Assistant Town Manager/Public Works Director
Demetric Potts, Planning Director Margaret Hauth, Finance Director Sherry Carter, Fire
Marshal/Code Enforcement Officer Todd Chavious, 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 APPROVAL
Mayor Phelps suggested that Items 8.D and 9.0 be combined as 9.E and that the existing
9.E be changed to 9.0. By consensus, the Board agreed.
4. APPOINTMENTS
A. Appoint Joe C. Rees to fill a vacancy on the Hillsborough Tree Board
Upon a motion by Commissioner Dancy, seconded by Commissioner Sheridan, the Board
moved to appoint Joe C. Rees to fill a vacancy on the Hillsborough Tree Board by a vote
of 5-0. The motion was declared passed.
B. Appoint Royce Harden, Orange County Cooperative Extension Agent, to fill a
vacancy on the Hillsborough Tree Board
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board
moved to appoint Royce Harden, Orange County Cooperative Extension Agent, to fill a
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vacancy on the Hillsborough Tree Board by a vote of 5-0. The motion was declared
passed.
C. Re-Appoint Holden Richards to a second full term on the Historic District
Commission with a term to expire November 2005
Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board
moved to re-appoint Holden Richards to a second full term on the Historic District
Commission with a term to expire November 2005 by a vote of 5-0. The motion was
declared passed.
D. Re-Appoint Rick Brewer to a full term on the Historic District Commission with a
term to expire April 2006
Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board
moved to re-appoint Rick Brewer to a full term on the Historic District Commission with
a term to expire April 2006 by a vote of 5-0. The motion was declared passed.
E. Adopt a Resolution recommending to the Orange County Commissioners the
appointment of an out-of-town volunteer to the Planning Board with a term
expiring April 2006
Planning Director Margaret Hauth also presented the Board with a Volunteer Application
from Will Atherton to be considered for the appointment of an out-of-town seat on the
Planning Board.
Commissioner Gering stated that he would like to see both applicants considered.
Commissioner Sheridan echoed that feeling.
Mayor Phelps informed the Board that Mr. Atherton does riot live in the ETJ and stated
that he feels that should be taken into consideration.
Commissioner Lloyd suggested that both applicants be interviewed by the Planning
Board. and have the Planning Board make a recommendation to the Board.
Upon a motion by Commissioner Gering, seconded by Commissioner Sheridan, the
Board to table this appointment until the next regular Board meeting by a vote of 5-0.
The motion was declared passed.
5. APPROVAL OF THE MINUTES OF MARCH 10, 2003 REGULAR BOARD
MEETING; THE MARCH 24, 2003 MONTHLY WORKSHOP; AND THE
MARCH 27, 2003 BUDGET SESSION
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board
moved to approve the Minutes of the March 10, 2003 Regular Board Meeting; the March
24, 2003 Monthly Workshop; and the March 27, 2003 Budget Session as presented by a
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vote of 5-0. The motion was declared passed.
6. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson informed the Board that the funding for water and sewer
projects which has been applied for through Appropriations with Congressman Price is
not a 100% grant. Instead, it is a 55% Federal and 45% Local Match. Some of these
projects are already in the budget, so we are continuing to go forward with these projects
and hope to fmd out in October whether or not we will receive any funding.
Manager Peterson stated that he is working on the Town Budget and will attempt to have
the proposed budget document delivered to you by May 1 st.
7. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel presented a status report on all current Water/Sewer Projects.
8. CONSENT AGENDA
A. Approval of Miscellaneous Budget Amendments
B. Consideration of a Resolution Authorizing the 2003-2004 HOME Program Design
and authorizing its submittal to HUD
C. Consider approval of reclassification of Utility Inspector position
D. Consider approval of GIS Implementation Contract (FY03& FY04)
This Item was combined \vith Item 9.0 and changed in the Agenda order to Item 9.E.
E. Consideration of Ordinance Declaring Speed Limit Modifications and Request for
Concurring Ordinance By Department of Transportation
F. Installation of No Parking Signs on Dixie Avenue
Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board
moved to approve Items 8.A, B, C, E, and F as presented by a vote of 5-0. The motion
was declared passed. A copy of the Miscellaneous Budget Amendments, the Resolution
Authorizing the 2003-2004 HOME Program Design, the revised Position Classification
Listing, the Ordinance Declaring Speed Limit Modifications and Request for Concurring
Ordinance By Department of Transportation are hereby made part of these official
Minutes as Attachments.
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9. ITEMS FOR DECISION - REGULAR AGENDA
A. Receive Presentation from the Chair of the Solid Waste Advisory Board regarding
financing recommendations for Orange County's Solid Waste and Recycling
Operations
Town Manager Eric Peterson introduced Gayle Wilson. Mr. Wilson asked that this Item
be delayed until Jan Sassaman, Chairperson of the Orange County Solid Waste Advisory
Board, arrives at the meeting. The Board approved.
B. Mr. Clarence McAdams will address the Board regarding the Water Service Cutoff
and Penalty Policies
Mr. McAdams was not present, so this Item was not heard.
C. Discussion of an Ordinance to Establish a Moratorium for New Manufacturing
Operations of Petroleum Products (asphalt plants)
Planning Director Margaret Hauth presented this Item for the Board's consideration
stating that the Planning Board is interested in amending the Zoning Ordinance to address
some of the issues surrounding asphalt plants and how they are reviewed here. They plan
to have the work completed in time for adoption in November. By consensus, a Public
Hearing was scheduled for April 22nd in the Town Barn. After some discussion, and upon
advise of the Town Attorney, the Board agreed to discuss with the Planning Board at the
Public Hearing on April 22nd whether or not the Moratorium would also affect the current
pending application.
Mr. Jan Sassaman, Chairperson of the Orange County Solid Waste Advisory Board
(SWAB), addressed the Board presenting the SWAB's Alternative Financing
Recommendations. The Solid Waste Management Plan called for a 61 % waste reduction
goal. Orange County reached a 40% waste reduction point this past year. The Solid
Waste Advisory Board was established in 1999 with two representatives each from
Carrboro, Chapel Hill, Hillsborough, and Orange County. The SWAB is at a crucial
point. Over 90% of the departmental operating funds still come from tipping fees and
therefore are directly proportional to the amount of waste disposed. The Solid Waste
Enterprise should be viewed as an integrated system with five mechanisms considered:
Availability Fees, Property Tax, Solid Waste District Tax, A blend of taxes and
availability fees, A comprehensive prepaid solid waste availability or services fee. A
Comprehensive Prepaid Solid Waste Services Fee is recommended by the Solid Waste
Advisory Board. He presented several fee scenarios for municipal households.
Mayor Phelps recognized Remus Smith and thank him for his service on this Advisory
Board.
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D. Consider a request from the Trading Path Preservation Association for funding
Mayor Phelps recommended the Trading Path Preservation Association be asked to apply
for the funding as a non-profit agency during the Budget process. Town Manager
Peterson stated that he would contact the Trading Path Preservation Association, get the
necessary information, and include it in the budget for the Board to consider with the
other non-profit requests.
E. New Item O. Update from Code Enforcement Officer on Nuisance and Junk Car
abatement efforts
Fire Marshal/Code Enforcement Officer Todd Chavious reported to the Board on the
status of his Nuisance and Junk Car abatement efforts stating that of the original 143
properties in violation only 27 original properties remain in violation.
F. Discuss new water restrictions proposed by the Water/Sewer Advisory Committee
Town Engineer Kenny Keel reported that the WSAC has examined our current water
restrictions, past implementation of restrictions, and the benefits of the West Fork Eno
Reservoir (WFER), and are offering a three-stage proposal for the Board's consideration.
Upon receiving direction from the Board, staff will forward proposed changes to
restrictions to the Orange County Engineer and staff for their comments, in order to
coordinate the Town's and County's water restrictions. The proposed changes include
consideration of the volume of the WFER, which will relax restrictions, causing additional
use of water.
After some discussion, the Board suggested this be reviewed annually. The Board
discussed the differences of using "days supply remaining" versus "percentage available".
The decision was made to develop a policy using "days supply remaining" in the
calculations.
By consensus, the Board directed the staff to table the proposal for them to consider at
their next Regular Board Meeting. Mayor Phelps invited the Board to attend the next
Water/Sewer Advisory Board meeting on the first Thursday in May at 7:00 PM here in the
Town Barn to share any comments they may have.
G. Report and Discussion of Internet-based Grants Locator program
By consensus, the Board tabled this Item until a future date to be determined.
H. Discussion of the Orange Grove Road Task Force Report
Planning Director Margaret Hauth lead this discussion reminding the Board that the report,
documents current conditions in the Orange Grove Road corridor with the proposed
development that was known at the time of the study. It contains recommendations about
improving bicycle and pedestrian access through the corridor (including access to the two
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schools) and access management to pre-plan future road connections and driveways for
future development. Our development ordinances could be amended to reflect the
recommendations of the plan. Since much of the corridor is outside the town limits, we
will have to coordinate with both Orange County and NCDOT for improvements in the
corridor.
By consensus, the Board tabled this Item to the possible April Workshop.
I. Consider request to provide water and sewer service to the Michael Edwards Tract
north of Hillsborough near Pathways Elementary School
Sydenham Alexander, Attorney for Mr. Edwards, addressed the Board and requested that
the Board take some type of action on his request for the Town to provide water and sewer
service to the tract north of Hillsborough near Pathways Elementary School.
Commissioner Sheridan stated that he thought the Board had decided to discuss this Item
with Orange County at the May 5th Joint Meeting.
By consensus, the Board agreed to discuss this Item with Orange County at the May 5th
Joint Meeting. Town Manager Peterson agreed to notify the County to have this
information added to the Agenda.
J. Consider request to voluntarily annex 30 acres that IS currently the Express
America Truck Stop and Schrift's Mini-Mart
By consensus, the Board directed the Manager to let them know that at this time the Town
Board is not interested in pursuing this annexation but is interested in viewing their master
plan.
K. Consideration of Preliminary Subdivision Plan for the residential portion of Old
Mill Phase 3
Planning Director Margaret Hauth introduced this Item. She explained that the Planning
Board recommends approval of the proposed plan by a 5-1 vote.
Tony Whittaker, representing Old Mill Phase 3, addressed the Board and presented the
Preliminary Subdivision Plan for the Board's consideration.
The Board requested that Jack Smyre also present information for the Board on suggested
amendments to the proposed subdivision plan.
Tony Whittaker stated that he is fme with Mr. Smyre's suggestions and feels that the
proposed amendments are workable.
By consensus, the Board agreed that they feel that connectivity between the two proposed
developments is important.
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Paul Newton, 'president of the Beckett's Ridge Homeowner's Association, addressed the
Board stating that the original plan that Tony Whittaker presented is strongly supported by
the residents of Beckett's Ridge. He stated that the residents of Beckett's Ridge do not
support the extension of the road to connect to the proposed Waterstone Development for
the reason that the extension will be used to cut through Beckett's Ridge which already
has too much traffic. The Beckett's Ridge Homeowner's Association is requesting that
the Board make a decision tonight whether or not the road will be extended.
Tony Whittaker responded to Mr. Newton's request stating that he is not asking the Board
to make a final decision on that extension tonight, only to maintain flexibility. There is no
application before the Board tonight that requires this decision.
Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board
moved to approve the Preliminary Subdivision Plan for the residential portion of Old Mill
Phase 3 with the modification that they maintain the ability for the road to be extended,
establish an approximate 370' radius for that purpose with a cul-de-sac or turn around
determination, and the sidewalk details should be worked out between the applicants and
the staffby a vote of 4-1. Chavious voting Nay. The motion was declared passed.
L. Review draft Fats, Oil, & Grease (FOG) Ordinance revisions
By consensus, the Board tabled this Item until a future date to be determined.
M. Discuss proposed legislation what will change the method in which motor vehicles
are valued for property taxation purposes
Finance Director Sherry Carter presented this Item for the Board's consideration.
By consensus, the Board tabled this Item until a future date to be determined.
N. Upper Neuse NPS Team Project Proposal/Restoration of Hazel Parker Creek
Assistant Town Manager/Public Works Director Demetric Potts presented this Item for
the Board's consideration. He explained that increasing volumes and intensity of
storm water runoff from impervious areas upstream have caused Hazel Parker Creek to
become unstable. This stream restoration project will restore Hazel Parker Creek to a
stable dimension, pattern, and profile using natural channel design. Water quality
improvements will reduce sediment entering the stream from localized streambank
erosion, the. number one source of sediment. Once completed, the restored section of the
stream will be used as a demonstration area to showcase best management practices
effective in urban areas.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board
moved to approve the Resolution in Support of 'Hazel Parker Creek' Stream Restoration
Project by a vote of 5-0. The motion was declared passed. A copy of the Resolution is
hereby made a part of these official Minutes as an Attachment.
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O. New Item E Proposal for obtaining National Pollutant Discharge Elimination
System Permit and Consider approval of GIS Implementation Contract (FY03&
FY04)
Assistant Town Manager/Public Works Director Demetric Potts informed the Board that
in November of 2002 the North Carolina Department of Environment and Natural
Resources, Division of Water Quality notified the Town of Hillsborough stating that the
Town had been identified as being located with a census designated urban area. As a
regulated community the Town would be required to develop a stormwater management
program and apply for stormwater permit coverage. The deadline for submitting an
application package is 18 months from the date of the letter; therefore the deadline to
submit the application for the permit is a May 2004.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board
moved to approve the Proposal for obtaining National Pollutant Discharge Elimination
System Permit and Consider approval of GIS Implementation Contract (FY03& FY04) as
presented by a vote of 5-0. The motion was declared passed. A copy of the Contract is
hereby made a part of these official Minutes as an Attachment.
FORMER ITEM 8.D Consider approval of GIS Implementation Contract (FY03&
FY04)
Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board
moved to approve the GIS Implementation Contract (FY03&04) as presented by a vote of
5-0. The motion was declared passed. A copy of the Contract is hereby made a part of
these official Minutes as an Attachment.
P. Discuss Possible Agenda Items for the Joint Orange County Commissioners and
Town of Hillsborough Town Commissioners meeting on May 5th
By consensus, the Board agreed on the following items to be submitted for the agenda for
the Joint Orange County Commissioners and Hillsborough Town Commissioners meeting
on May 5th: Pathways; and the Orange Grove Road Task Force Report.
Q. Consider "Hot Topics" for the April 28th Monthly Workshop
By consensus, the Board agreed on the following "Hot Topics" for the April 28th Monthly
Workshop: FOG Ordinance
9. CLOSED SESSION
A. Closed Session to Discuss Possible Litigation
By consensus, the Board tabled this Item to a later date to be determined.
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10. ADJOURN
Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board
moved to adjourn at 11 :22 PM by a vote of 5-0. The motion was declared passed.
~t/~
Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
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Town
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BUDGET AMENDMENTS
APRIL, 2003
1. GENERAL FUND:
EXPENDITURES:
10-5100-574 Police-Misc.lPolice Dog
10-9990-000 Contingency
BEFORE
ADJ.
AFTER
$ 1,700
$ 97,650
$ 99,350
$ 10,800
$ (10,800)
$
$ 12,500
$ 86,850
$ 99,350
To purchase new police dog and training for handler.
ENERAL FUND:
EVENUES:
10-3350-100 Misc.-Confiscation %AG E $ 104 $ 3,181 $ 3,285
$ 104 $ 3,181 $ 3,285
EXPENDITURES:
10-5100-570 Police-Misc.lConf. %AGE $ 5,434 $ 3,181 $ 8,615
$ 5,434 $ 3,181 $ 8,615
To fund receipt of substance abuse taxes and restitution payments.
3. GENERAL FUND:
EXPENDITURES:
10-5600-452 Street-Cont.Serv .lSidewalks
10-9990-000 Contingency
$
$
2,500
86,850
89,350
$ 3,000
(3.000)
$ 5,500
83,850
$ 89,350
$
To fund repair of steps at the Orange County Historical Museum.
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131 North Clwrton Street · P.O. Box 429 · Hillsborough, North Carolina 27278
919.732.2104 · Fax: 919.732.1028
240
_GET AMENDMENTS
,2003
2
4. GENERAL FUND:
REVENUES:
10-3480-600 Juvenile Enrichment Grant
BEFORE
$
$
ADJ.
$ 23,638
$ 23,638
AFTER
$ 23,638
$ 23,638
EXPENDITURES:
10-5100-580 Police-Juvenile Enr. Grant
$
$
$ 23,638
$ 23,638
$ 23,638
$ 23,638
To set up accounts to receive and expend the Juvenile Enrichment Grant.
5. WATER FUND:
EXPENDITURES:
30-8200-730 WWColl.-Capitallmprovements
30-9990-000 Contingency
$ 84,265
$ 173,290
$ 257,555
$ 40,000
$ (40,000)
$
$ 124,265
$133,290
$ 257,555
.
To fund design work and purchase generators for water and sewage pump stations. Approved by the Town
Board on 2/10/03.
6. WATER FUND:
EXPENDITURES:
30-7240-740 Bill.& Coll./Equipment
30-7240-330 Bill.& Coll./Dept.Supplies
30-9990-000 Contingency
$
$ 8,895
10,750
121,895
$141,540
8,250
133,290
$141,540
To fund purchase of folder/inserter and burster machines for the billing process. Approved by the Town Board
on 3/10/03.
7. WATER FUND:
EXPENDITURES:
30-7240-330 Bill.& ColI.lDept.Supplies
30-9990-000 Contingency
$ 10,750
121,895
$ 132,645
$ 2,280
(2,280)
$ 13,030
119,615
$ 132,645
$
.d purchase of new computer for the Billing and Collection Supervisor.
241
au GET AMENDMENTS
,2003
3
8. GENERAL FUND:
REVENUES:
10-3980-100 Powell Bill Appropriated
BEFORE
ADJ.
AFTER
$ 11,300
$ 11,300
$ 25,000
$ 25,000
$ 36,300
$ 36,300
EXPENDITURES:
10-5700-762 Pow. Bill-Patch & Resurface
$ 75,000
$ 75,000
$ 25,000
$ 25,000
$ 100,000
$ 100,000
To fund additional patch and resurface during the fall of 2002.
9. WATER FUND:
EXPENDITURES:
30-7240-572 Bill.& Coll.-Misc./Drought
30-9990-000 Contingency
$
119,615
119,615
.d purchase of signs, showerheads and frugal flushes during the drought period.
$ 7,200
(7,200)
$ 7,200
112,415
119,615
APPROVED: .s~ c
~h/i /<1 ~CJ$-
VERIFIED:~'/~
Donna F. Armbrister, Town Clerk
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RESOLUTION AUTHORIZING
THE ORANGE COUNTY 2003-2004 HOME PROGRAM DESIGN
BE IT RESOLVED, by the Hillsborough Town Board of Commissioners, that the
Commissioners as a member of the Orange County HOME Consortium approve following activities for
the 2003-2004 HOME Program.
Comprehensive Rehabilitation
Funds would be allocated to for repairs to homes of qualifying homeowners throughout Orange County.
$277,040
Property Acquisition
Funds would be used to Affordable Rentals, Inc. acquire a triplex on Roosevelt Drive as permanent
affordable rental housing.
$188,000
Funds would be allocated to the Town of Chapel Hill to assist the Town Department of Housing purchase
one dwelling unit to provide transitional housing for a public housing family transitioning to independent,
permanent housing.
$ 32,000
Second Mort2a2e Assistance
Funds would be allocated to Habitat for Humanity to provide ten deferred second mortgages in Richmond
Hills to first-time homebuyers with incomes below 50% of median income.
$150,000
Funds would be allocated to provide deferred second mortgages to first-time homebuyers with incomes
below 80% of area median income. Eligible home buyers will be referred by a local non-profit housing
agency.
$ 75,000
Down Payment Assistance
Funds would be allocated to Orange Community Housing and Land Trust to provide down payment
assistance to ten first time home buyers in Greenway Condominiums.
$100,000
Operational Support
Funds would be allocated to Orange Community Housing and Land Trust to fund operational support to
the project above.
$ 10,000
Pro2ram Administration
$ 73,959
TOTAL PROGRAM FUNDS
$905,999
BE IT FURTHER RIESOL VED, that the Manager is hereby designated as the authorized
representative of the Town to act in connection with the submission of this plan and to provide such
additional information as may be required by the U.s. Department of Housing and Urban Development.
This the 14th day of April 2003.
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{)ge Phelps, Mayor
Town of HiIIsborough ArJoptod 07.()1-2t102
_ 01-10<)3
JOB CLASSIFICATION UST - GRADE ORDER Amended 04-1U3
ANNUAL SAlARY RANGE 243
. GRADE Minlmum~~ FLSA JOB CODE AND l1TLE
12.814 16.786 20.758
2 14.038 18,390 22.741
3 15.261 19.992 24.723
4 16,484 21.594 26.704
5 17.708 23.197 28.686
6 18.931 24.800 30.669
N 9501 MAINTENANCE WORKER
N 3503 MECHANIC HELPER
7 20.154 26.402 32.649
N 9008 BILLING/COLLECTION CLERK
N 9005 METER READER
N 2020 POLICE RECORDS CLERK
8 21.378 28,005 34.632
N 4004 ACCOUNTS PAYABLE CLERK
N 9007 CUSTOMER SERVICE REPRESENTATIVE
N 6503 EQUIPMENT OPERATOR
N 6505 MAINTENANCE WORKER. SENIOR
N 5015 UTILITY MAINTENANCE TECHNICIAN
N 9010 WATERNVASTEWATER PLANT OPERATOR
9 22.602 29.609 36.615
N 6515 EQUIPMENT OPERATOR. SENIOR
. N 9011 WATERlWASTEWATER PLANT OPERATOR II
10 23.825 31.211 38.597
N 2521 LABORATORY TECHNICIAN
N 5010 UTILITY MECHANIC
11 25,048 32,813 40.578
N 9012 WATERlWASTEWATER PLANT OPERATOR III
12 26,271 34,416 42.560
N 2010 ADMINISTRATIVE ASSISTANT
N 5016 UTILITY INSPECTOR
5017 ELECTRICIAN
13 27,495 36,019 44.542
N 8002 UTILITIES ANALYST
14 28,718 37.621 46,523
N 2006 POLICE OFFICER
15 29.942 39.224 48.506
E 4001 ACCOUNTING SUPERVISOR
E 5002 ASST UTILITY SYSTEM SUPERVISOR
E 9015 BILLING/COLLECTION SUPERVISOR
N 3502 FLEET MECHANIC
E 9006 METER READER SUPERVISOR
N 7002 PLANNER
.
Town of HiIIsborough Ado_ 07-M-2002
ArDend<<I01-10.0:J
JOB CLASSIFICATION LIST. GRADE ORDER _CU-14-03
. ANNUAL SALARY RANGE 244
GRADE Minimum MId-Polnt ~ FLSA JOB CODE AND TITLE
16 31,165 40,826 50,487
17 32,389 42,430 52,471
N 2007 INVESTIGATOR
E 2520 LABORATORY DIRECTOR
N 2005 POLICE CORPORAL
18 33,612 44,032 54,451
E 6001 SANITATION SUPERVISOR
E 6501 STREET MAINTENANCE SUPERVISOR
19 34,835 45,634 56,433
N 2004 POLICE SERGEANT
E 5001 UTILITY SYSTEM SUPERVISOR
20 36,058 47,236 58,413
21 37,282 48,840 60,397
E 3501 FLEET MAINTENANCE SUPERVISOR
22 38,506 50,443 62,380
E 2003 POLICE LIEUTENANT
23 39,729 52,045 64,361
24 40.952 53,647 66,342
E 8501 FIRE MARSHAUCODE ENFORCEMENT OFFICER
25 42,176 55,251 68,325
. E 2501 WASTEWATER PLANT SUPERINTENDENT
26 43,399 56,853 70,307
E 1501 WATER PLANT SUPT/SAFETY OFFICER
27 44,622 58,455 72,288
E 2002 POLICE CAPTAIN
28 45,846 60,059 74,271
E 7001 PLANNING DIRECTOR
E 1001 TOWN CLERKlPERSONNEL OFFICER
29 47,070 61,662 76,253
30 48,293 63,264 78,235
31 49,516 64,866 80,216
E FINANCE DIRECTOR
32 50,739 66,469 82,198
E 2001 CHIEF OF POLICE
E 8001 TOWN ENGINEER/UTILITIES DIRECTOR
33 51,963 68,072 84,181
E 3001 ASST TOWN MANAGERlPUBLlC WORKS DIR
34 53,186 69,674 86,161
35 54,410 71,277 88,144
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CERTIFICATION OF MUNICIPAL ORDINANCE DECLARING SPEED LIMIT MODIFICATIONS
AND REQUEST FOR CONCURRING ORDINANCE BY DEPARTMENT OF TRANSPORTATION:
I, ~AlNIl r:: /JRmbl?"s4~, Clerk of the -rowtV of
(City) (Town)
, Hillsborough
, do hereby certify that the :Rogel:::, 01=' l'(JfYlmi6SioAiEICS
of the
Jpei L
(Governing Body)
lOw"';
(City) (Town)
14M
duly enacted on the
day of
traffic investigation pursuant to authority granted by G.S. 20-141(f)
, 20 ~ an ordinance based upon engineering and
declaring the following speed limit modifications as set forth below'on
the following described portion of a State Highway System Street:
Speed
Limit
40
40
Speed
Limit
Declare the'Following Speed Limit
Ordinance
Number
Description
670200083
US 70 Business, from the corporate limits
of Hillsborough, a point 0.66 mile east of
SR 1009 (Churton Street), eastward to the
c9rporate limits of Hillsborough, a point
0.14 mile ~ast of NC 86, in Hillsborough.
670200033
US 70 Business/NC 86, from SR 1009 (Churtor.
Street), eastward to the corporate limits of
Hi1lsborough, a point 0.02 mile east of
SR 1009 (Churtori Street)~cin Hillsborough.
Rescind the Following Speed Limit
Ordinance
Number
Descriotion
.
.
.
said ordinance to become effective upon adoption of the Department of
246
Transportation of a concurring ordirlpnce and the erecticn of signs
giving notice of the authorized speed limit; that said ordinance is
9
recorded in Minute Book
tiS'f
at page
In witness whereof, I have hereunto set my hand and the seal of
the Nnto.{y p"WC.Of ---D(Il~e. tount y , this IlJ tfI
day of /4lli-\ , 20 03
Revised 3-19-79
MUNICIPAL ORDINANCE
Form TE 70-10 (PP: 2 of 2)
.
.
.
247
Hillsborough Town Board
RESOLUTION
Support of 'Hazel Parker Creek' Streanl Restoration Project
WHEREAS, a creek known as 'Hazel Parker Creek' flows from near Cedar Grove Street
through the Town Cemetery and then to the Eno River; and
WHEREAS, erosion along segments of the creek has occurred over the years, threatening
burial plots and necessitating restorative action; and
WHEREAS, restoration and associated planting of plants, shrubs and trees will benefit
the citizens of the town and will be used as an outdoor classroom to showcase practices
beneficial in reducing pollution; and
WHEREAS, The North Carolina State University - Coopera~ive Extension (CE):
[Orange County Cooperative Extension, Neuse Education Team, and Stream Restoration
Institute] have demonstrated expertise and experience in stream restoration and will
provide all permitting, planning, design, construction management, materials,
supervision, and evaluation services related to this project; and
WHEREAS, the Town of HiIlsborough desires to partner with The North Carolina State
University - Cooperative Extension (CE): [Orange County Cooperative Extension, Neuse
Education Team, and Stream Restoration Institute), and the State of North Carolina
Department of Environment and Natur~ Resources ~ Wetl.an.ds Restoration Program
(WRP) to sponsor a stream restoration project to.restore Hazel Parker Creek to a stable
dimension, pattern, and profile using natural channel design which will reduce sediment
entering the stream; and
WHEREAS,
1) CE, working with the Board, will obtain all necessary State and Federal permits.
2) CE, working with the Board, will assure all applicable laws are followed
governing the award of contracts and the expenditure of public :funds by local
governments.
3) CE, working with the Board, will supervise construction of the projeCt to assure
compliance with permit conditions and to assure safe and proper construction
according to approved plans and specifications. .
4) CE, workiI).g with the Board, will obtain suitable spoil disposal areas as needed
and all other easements or rights of way that may be necessary for the
construction and operation of the project without cost or obligation to the State,
.
.
.
248
NOW, THEREFORE, BE IT RESOL VED THAT:
1) The Board requests the State of North Carolina to provide financial assistance to
The Town of Hillsborough for the 'Hazel Parker Creek' Stream Restoration
Project in the amount of $26,000.00 or 66% of the project costs, whichever is the
lesser amount;
2) The Board will assumes full obligation for payment of the b~ance of project
costs;
3) The Board will reimburse from project funds The North Carolina State
Cooperative Extension (CE) in the amount not to exceed $26,000.00 or 66% of
the project costs, whichever is the lesser amount for providing all permitting,
planning, design, construction management, materials, supervision, and
evaluation services related to this project;
4) The Board will support tills project through in-kind contributions by:
a. Providing cost accounting and expense reimbursement services related to
the project, and
b. Providing earth moving equipment (backhoe, dump .truck), operators, and
some labor as needed
5) The total Town in-kind contributions will not exceed a total of $13 ,000 .00;
6) The Board will assure that the project is open for use by the public on an equal
basis;
7) The Board will hold the State harmless from any damages that may result from
the construction, operation and maintenance of the project;
8) The Board accepts responsibility for the operation and maintenance of the
completed project.
Adopted by the Hillsborough Town Board this 14th Day of April, 2003.
IIsEAR.BROWN.
249
Standard Contract For Professional Service~
.
Project Number
Client Name Town of Hillsborough
Address PO Box 429, 101 East Orange Street
HiUsborough NC 27278
Contact Demetric Potts, Assistant Town Mgr.
Phone 919-732-1270, Ext. 77
Project Location National Pollutant Discharge
Elimination System (NPDES)
Storm water Permit
Fax 919-644-2390
Description of Work
.
1. Research into requirements and alternatives for meeting compliance, research for grants and/or other funding
related to Phase II implementation.
2. Formulation of query and best management practice (EMP) reviews with the Town of Hills borough key staff.
3. NPDES Storm water Permit Application Form.
4. Comprehensive Storm water Management Program Report.
a. Storm Sewer System Information
b. Receiving Streams
c. Existing Water Quality Programs
d. Permitting Information
e. C-permitting Information ( if applicable)
f. Reliance on other Government Entity
g. Storm Water Management Program Plan
5. Follow-up with compliance ofNPDES (DWQ) inc!. amendments and revisions to the application (pending
upon NPDES review).
Deliverables
. NPDES Storm water Permit Application Form SWU-264 (June, 2003).
. Comprehensive Storm water Management Program Report in accordance with SWU-268 for MS4
owner/operator (December, 2003).
. Grant/funding Report (December, 2003).
Fee Schedule
o FixedFee-Amount
~ We will perform the services noted for a fee equal to payroll costs for project personnel times
a factor of 2. 85 to provide for overhead, other costs and profit. Expenses and/or outside services
. would be billed at 1. 1 times our direct cost.
Estimated Fee $14,500.00
L:Contracts&Proposals/2003fCOOOI Town of Hillsborough - NPDES Storm water
(I of 4)
250
Standard Contract For Professional Service~
aditions of Payment
D Retainer-Amount
n Payment in full before drawing is released
o To be billed upon completion with payment due within 30 days.
k8J To be billed monthly with payment due within 30 days.
This proposal is valid for 30 days from the date it is signed by Sear-Brown.
TERMS AND CONDITIONS
ARTICLE I: CLIENT'S REsPONSIBILITIES
A) Client's Representative: The Client shall appoint a representative
authorized to act on the Client's behalf with respect to the Project The Client or
its representative shall make decisions in a timely manner regarding all aspeets of
the Project, shall examine docwnents submitted by Sear-Brown and render
decisions in a timely manner to avoid tmreasonable delay in the orderly and
s~uential progress of Sear-Brown's services and the Project schedulc accepted by
at's Program and Budget Requirements: Client shall provide Sear-
B I information in a timely manner regarding all its requirements for the
Project including its objectives, schedule, criteria, constraints and budget
including reasonable contingencies.
C) Right of Entry: Client shall provide right of entry for Sear-Brown, its staff,
subconsultants, and all necessary equipment to complete the Work. Sear-Brown
will take reasonable precautions to minimize damage to property. Client
understands that in the normal course of work some damage may occur, the
correction of which is not part of this Agreement
D) Required Information: Client will furnish Sear-Brown all infonnation,
requirements, data, reports, surveys and instructions required to complete the
Scope of Services. including identifying the type and location of undergronnd
improvements and utilities, and all existing conditions. Sear-Brown shall have the
right to rely upon the completeness and accuracy of such infomlation. Client
acknowledges that certain assumptions will be made regarding existing conditions
that cannot be verified without destruction or damage to existing facilities. To the
fullest extent permitted by law, Client agrees to waive all claims against, and to
hold harmless and indemnify, Sear-Brown and its subconsultants, for damages to
Wlderground improvements and utilities and for any costs associated with
Wldisclosed existing conditions.
E) Invoices: Sear-Brown will render invoices every thirty days. Payment is due
upon presentation of invoice and is past due thirty (30) days from invoice date.
Client agrees to pay a service charge of one and one half percent (I Y>%) per
month, or the maximum rate allowed by law, on past due accounts. Payment of
invoices shall not be subject to any discoWlts, set-offs, or backcharges by Client
unless agreed to in writing by Sear-Brown. Client shall pay all costs. expenses,
and'distributions, including collection agency fees and expenses, court costs and
reasonable attorneys' fees incurred by Sear-Brown, in the event collection or legal
processes are employed to collect outstanding bills.
F) Sales Tax: Client will pay any applicable sales tax whenever deemed to be
due. Payment tenns are exclusive of sales tax.
II: SEAR-DROWN'S REsPONSIBILITIES
dard of Care: Scar-Brown shall perform the sen;ces called for by this
ent with the level of care and skill ordinarily exercised by members of the
same professions currently practicing under similar conditions. No other
warranty. expressed or implied, is made. Client acknowledges that increased
costs and changes may be required due to omission, ambiguities and
iTlCOll3istcnci~ in thc drawings and specifications. Client agrees to set aside a
contingency of at least 3% of the Project construction cost to pay for these costs and
changes. Client further agrees it will make no claims against Sear-Brown for any such
costs and changes covered by such contingency fund.
B) Compliance with Laws, Codes and Standards: Consistent with the professional
standard of care, Sear-Brown will comply with laws, codes, and standards applicable
to the Project design lIS of the effective date of this Agreement or the issuance of the
construction plans and specifications, whichever is later.
C) Certifications: Sear-Brown shall sign, if requested by Client, a statement that to
the best of its knowledge, information and belief, based in whole or in part on
information provided by others, the accumcy of which has not been verified, that the
Project has been completed in general conformance with the plans and specifications.
Sear-Brown shall not be-required to sign any documents, no matter by whom
requested, in which Sear-Brown is required to certi(y, guarantee or warrant the
existence of conditions the existence of which Sear-Brown has not or cannot ascertain.
D) Constroction Phase Services: If construction phase services are required in the
Scope of Services, the following tenns shall apply:
I) Site Observation: If site observation visits are to be provided by Sear-Brown,
Sear-Brown shall visit the site at intervals appropriate to thc stage of the construction,
or as otherwise expressly agreed to in the Scope of Services, in order to observe the
progress and quality of the work completed by the contractor. Such observation is not
meant to be an exhaustive check or a detailed inspection of the contractor's work but
rather to allow Sear-Brown to become generally familiar with the progress of the
Work and to determine in gerieral if the work is being performed in a manner
indicating that, whcn fully completed, the work will be in accordance with the
Contract Docwnents. Sear-Brown shall not be required to make continuous or
exhaustive inspections to check the quantity and quality of the Work nor shall Sear-
Brown be responsible for the Contractor's failure to perform the Work in accordance
with the Contract Documents.
2) Rejection of Work: Sear-Brown sholl have the authority to reject any work of the
contractors that is not, in Sear-Brown's professional judgment, in accordance with the
Construction Documents. Neither this authority nor the good faith judgment to reject
or not reject any such work shall subject Sear-Brown to any liability or cause of action
on behalf of the contractors, subcontractors or any other suppliers or persons
performing portions of the work on the Project.
3) Work Site Safely: Client agrees that Sear-Brown shall not supervise or direct, or
have any responsibility for, control over or charge of, the Contractors' work or the
construction means, methods, techniques, sequences or procedures, or for the work
site safety precautions or programs in cOlUlection with the Work. These rights and
responsibilities are solely those of the part)' or parties performing the actual
construction of the Project Neither the professional activities of Sear-Brown, nor the
presence of Sear-Brown personnel and subconsultants at the construction site, shall
relieve the Contractors and any other entity of their obligations, duties and
responsibilities including, but not limited to, construction means, methods, sequence,
techniques or procedures necessary for performing, superintending or coordinating all
portions of the Work safely and in accordance with any health or safety requirements
L:Contracts&Proposals/2003/COOOl Town of Hillsborough - NPDES Storm water (2 of 4)
of any regulatory agency. The Client agrees that the Client, Sear-Brown and its
subconsultants shall be indemnified by the Contractors and shall be made
additional insureds under the Contractors' general, umbrella and excess liability
.. ce policies. .
ittals and Shop Drawings: If the Scope of Services includes the review
o ctor submittals and shop drawings, then Sear-Brown will review such
submittals and shop drawings for the limited putpose of checking for
conformance with the design concept expressed and the information provided in
the Construction Documents. This review shall not include review of the accuracy
or completeness of details, such as quantities, dimensions, weights or gauges,
fabrication processes, construction means or methods. coordination of the work
with other trades or construction safety precautions. all of which are the
responsibility of the Contractors. The review shall be conducted with reasonable
promptness while allowing sufficient time in Sear-Brown's judgment to permit
adequate review. Review of a specific item shall not indicate that Sear-Brown has
reviewed the entire assembly of which the item is a component Sear-Brown shall
not be responsible for any deviations from the Contract Documents not brought to
its attention in writing by the Contractor. Sear-Brown shall not be required to
review partial submissions or those for which submissions of correlated items
have not been received.
5) Requests for Clarif'lClltion or Interpretation: Sear-Brown shall provide, with
reasonable promptness, written responses to requests from Contractors for
clarification and interpretation of the requirements of the Contract Documents. If
such requests for infOlTI1ation, olarification or interpretation are, in Sear-Brown's
professional opinion, for information readily apparent from reasonable
observation of field conditions or a review of the Contract Documents, or
reasonably infemble therefrom, Sear-Brown shall be entitled to additional
compensation at its regular billing rates for its time spent responding to !ouch
requests.
6) Record Documents: If required by the Scope of Services, upon completion of
the Work, Sear-Brown shall compile for and deliver to the Client a reproducible
set of Record Documents confonning to the marked-up prints, drnwings and other
data furnished to Sear-Brown by the Contractor. This set of Record Documents
will show significant changes made during construction. Because these Record
Documents are based on lDlverified information provided by other parties that
.Sear-Bro;:c:n asswne to be reliable, Sear-Brown cannot and does not warrant
ranee: Sear-Brown shall maintain worker's compensation insurance
by law. Sear-Brown represents and warrants that it maintains general
liability and property damage insurance. Certificates for such policies shall be
provided to Client upon written request. Client shall maintain at its own cost and
expense, its own general liability and property damage insurance. Client and
Sear-Brown waive all rights against each other and Sear-Brown's subconsultants,
agents and employees for damages caused by any peril to the extent covered by
the property insurance maintained by Client, except to the extent such proceeds
are held by Client as trustee. This waiver of subrogation shall be effective as to a
person or entity even though that person or entity would otherwise have a duty of
indemnification. contractual or otherwise, did not pay the insurance premium
directly or indirectly, and whether or not the person or entity had an insurable
interest in the property damaged.
Article Ill: General Lemli Provisiol1.'i
A) Ownership of Documents: Drawings, specifications, and all other
documents prepared by Sear-Brown or its subconsultants, including those in
electronic fonn (collectively "Design Documents.) are instruments of servioe.
Sear-Brown shall retain all common law, statutory and other reserved rights,
including copyright thereto. The Design Documents, including those in electronic
form are furnished for use solely with respect to this Agreement Client is
permitted to retain copies of the Design Documents, including those in electronic
form, (or information and referen<:.e in oonnection with the ProjccL Client shall
not use the Design Documents, including those in electronic form furnished by
Sear-Brown or its subeonsultants on other projectS, for additions to this Project, or
for the completion of this Project by others, without the express written consent of
Sear-Brown. Any reuse ,,~thout written consent shall be at Client's risk and full
legal responsibility. Client agrees to hold hannIess and indenmify Sear-Brown
and its subconsultants from any and all claims, suits, demands. damages,
liabilities, and costs, including reasonable attorney fees, arising from such reuse.
B) Reteodon of Documents: Sear-Brown will retain, pursuant to its usual
document retention policy, records relating to the Work for a period of three (3)
.1l0\.\1ng completion of the Work.. During this period, records will be made
e to the Client at Sear-Brown's offices during normal business hours upon
\l) day' s notice.
C) Asbestos and Hazardous Materiab: Unless otherwise specifically provided
in the Scope of Services, Sear-Brown and its subconsultants shall have no
251
responsibility for the discovery, presence, handling, removal, or disposal of asbestO!
or hazardous or toxic materials.
D) Tennination and Suspension: This Agreement may be tenninated by eitheJ
party upon seven (I) days written notice in the event of substantial fuilme by the othel
party to perform in accordance with the terms hereof. Such termination shall not b(
effective if the substantial failure is remedied before expiration of the seven (I) days.
Client's failure to pay invoices within thirty (30) days shall be deemed a substantia:
failure to perform. In such event, Sear-Brown may terminate this Agreemcnt 01
immediately suspend the performance of services Wltil such failure has been cured
Tbe Client may terminate this Agreement for its convenience upon fourteen (14) day~
v.ritten notice. In the event of a tennination for convenience, Client will pay Sear.
Brown for services perfonned to the tennination effective date plus reasonablt
termination expenses within ten (10) calendar days of receipt of a [mal invoice.
In the event the project, or any phase of it is delayed for reasons beyond Sear- Brown' 1
control, Wlbilled work will be invoiced at the standard hourly rates for the actua:
nwnber of hours expended. Completed phases will be billed at fees quoted herein
E) Disputes: In an effort to resolve any conflicts that arise during the design OJ
construction of the Project or after completion of the Project, all claims, disputes, OJ
other matters in question between the parties to this Agreement that arise out of OJ
relate to this A\!.fccment or the breach. thereof shall be submitted to nonbind~
mediation before a neutral third-party mediator acceptable to both parties. Suet
mediation shall be a condition precedent to the commencement of any legal actior
arising out of this Agreement except those legal proceedings related to Client's failurl
to pay_
Tbe mediation shall be conducted in accordance with the Construction Industry
Mediation Rules of the American Arbitration Association currently in effect Wlless thl
parties agree otherwise. The cost of the mediator shall be borne equally by the parties
A demand for mediation shall be made within. a rea501\l\blc time after the claim
dispute or other matter has arisen. In no event shall such demand be made after thl
date applicable statutes of limitation or repose would bar a legal or equitable actiO!
based on such claim, dispute or other matter.
In the event of litigation relating to the sufficiency or adequacy of performance 0
services called for by this Agreement, should Sear-Brown obtain a judgmerr
dismissing Client's action or claim or other resolution wherein Sear-Brown is no
required to make compensation to Client in excess of its final offer made to Client iI
the mediation, Scar-Brown shall be entitled to recover all costs incurred in the defenSl
of the claim including staff time, court costs, expert witness fees, and reasonabll
attorneys' fees, Bnd other claim related expenses.
F) Choice of LawNenuc: This Agreement shall be governed by the laws of the stat,
in which the Scar-Brown office identified below is located, without regard to its lay
of conflict of laws. Any legal action or proceeding shall be venued in the State o.
Federal Court nearest the mWlicipality in which Sear-Brown's office is located.
G) Statute of LimltationslRepose: Causes of action pertaining to this Agreemen
shall be deemed to have accrued and the applicable statutes of limitation and repos,
shall commence to run at the earlier of either the date of Substantial Completion of th,
Project or the date Sear-Brown's services are substantially complete.
II) Assigns: Neither the client nor Sear-Brown may delegate, assign, or tmnsfer hi.
duties or interest in this Agreement without consent of the other party, except Sear
Brown may in its discretion utilize qualified subconsultants in the performance of tho
Scope of Services.
I) Force Majeure: Neither party to this Agreement shall be liable to the other fo
delays in performing the obligations called for by this Agreement, or the direct anI
indirect costs resulting from suCh delays, that are caused by labor strikes, riots, WBI
acts of govenunent authorities, ex'lraordinary weather conditions or other natura
catastrophe, or any other cause beyond the reasonable control or contemplation 0
either party.
J) No Third-Party Beneficiaries: Nothing in this Agreement shall create :
contractual relationship with or give any right or benefit to any third party.
K) Severability, Refonnation and Survival: If any provision in this Agreement i
held invalid, illegal, or Wlenforccable, the enforceability of the remaining provision
shall not be impaired thereby. The invalid, illegal or unenforceablc provision shall b
replaced by a mutually acceptable provision, which, being valid, legal BIl<
enforceable, comes closest to the parties' intention undcrlying the invalid. illegal 0
unenforceable provision. Limitations of liability, indemnities, and other expres
representations shall swvive termination of this Agreement for any cause.
L) Risk AlJocationILimitation of Liability,;. Client and Sear-Brown have discusseo
the risks, rewards, and the benefit of the project and Sear-Brown's total fee fa
services. The risks have been allocated such that the Client agrees that to the full~
extent pennitted by law, Sear-Brown's total liability to Client and constructio:
contractors and subcontractors for any and all injuries, claims, losses, expensel
damages or claims expenses arising out of this Agreement from any cause or eaus~
is limited to and shall not exceed Sear-Brown's fee or $250,000 whichever is smalleJ
Such causes include but are not limited to design professional's negligence, negliger
L:Contracts&Proposals/2003/COOOl Town of HiIlsborough - NPDES Storm water
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252
misrepresentation, errors, omissions, strict liability and breach of contract Higher
limits of liability are available for a negotiated fee.
M) Indemnification: To the fullest extent permitted by law, Client agrees to
indemnify and hold harmless Sear-Brown, its officers, directors, employees,
.nd subconsultants from all claims, damages, injuries, liabilities, costs and
, including reasonable attorneys fees arising from or claimed to arise
e acts, omissions, negligence, fault, breach of contract, breach of warranty,
or strict liability of Client or its employees, agents, contractors and subcontractors.
N) Consequential Damages: Notwithstanding any other provision of this
Agreement and to the fullest extent permitted by law, neither Client nor Sear-
Brown shall be liable for any consequential damages incurred due to the fault of
By signing thb Agreement, you aTe consenting to the Terms and Conditions set forth herein. Please retain a copy for yourself and return a signed original to Sear-Brown
the other party regnrdless of the nature of the fault or whether it was committed t
Client, Sear-Brown, their employees, agents, subconsultants or subcontractor
Consequential damages include, but are not limited to, loss of use and toss of profit.
0) Complete Agreement: This Agreement constitutes the entire agreement betWlJ{
the parties hereto and supersedes all previous understandings and agreements wil
respect to the Project or any of the pro..isions hereof. No statement, promis
condition, understanding,. inducement, or representation, omlor written, expressed (
implied, which is not contained herein shall be binding or valid and this Agrecmel
shall not be changed, modified or altered in any manner except by an instrument i
writing executed by the parties hereto.
Client
Town of Hillsborough
(Company Name)
Address
City State
By
By
~~
rlc. T -erJ~#
~!/('/OJ
Date
Date
.
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L:Contracts&Proposalsf2003/COOOl Town of HiUsborough - NPDES Stonn water
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dS-;Z . I
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MlNUTES
JOINT PUBLIC HEARlNG
April 15, 2003
PRESENT: Mayor Joe Phelps,.Ken Chavious, Frances Dancy, Mike Gering, Evelyn Lloyd, Mark Sheridan,
David Daniel (pB Chair), Jim Boericke, Joel Brinkley, Cathy Carroll, Kelly Hopper, Paul Newton,
Chris Quinn, Bryant Warren
PUBLIC: Ellis & Natalie Coleman, Kevin Hamak, Karen Moriarty, Mirah McPherson, Jack Chestnut,
Vincent Carrasco, Bill Crowther, Craufurd Goodwin, Tate McKee, Sam Coleman, Aaron Mayer,
Andrew Jenkins
STAFF: Eric Peterson, Demetric Potts, and Margaret Hauth
ITEM # 1 : Mayor Phelps called the hearing to order and passed the gavel to Planning Board Chair Daniel.
Daniel welcomed everyone and briefly described the hearing process and reminded speakers they
would have to be sworn in.
ITEM #2: Daniel swore in Hauth. She said the packets included the revised plan and the applicants
had additional information to present. She noted that the application was still subject to a protest
petition and that the review was two part- rezoning, plus special use permit.
.
Daniel swore in Ellis Coleman, applicant. He distributed revised booklets detailing the operation
of the center and the control mechanism to ensure it meets the age restriction. He summarized the
changes to the plans, including the reduction of units. He said that page 13 of the booklet showed
the traffic study results, comparing this development with a regular subdivision under the existing
R-20 zoning. Sheridan asked who prepared the traffic study and Coleman said the John R.
McAdams Company. Coleman said the booklet includes the budget for the homeowners
association. He noted the changes in lot size, so the largest lots and homes are on the perimeter
and noted that most homes will be built on the natural grade. Coleman said the 16 townhomes have
a Charleston style design. He said the congregate building (apartments) has elevators and the roof
height has been lowered to blend better. He noted that the second congregate building is for less
independent individuals and contains a dining room and meal service. Coleman said the assisted
living building is one story. He provided some base information about property values, noting they
were interested in being annexed and the site would carry a value of about $22 million when
completed. Coleman said he was offering $110,000 to the town to offset the initial loss of out of
town utility customers if annexed and $15,000 toward sidewalks and street lighting to connect to
the site. Coleman said he met with the manager on annexation and Peterson had indicated the site
would provide a fmancial benefit to the town. He said the design firm was chosen for their
experience, as was the assisted living provider. He said they introduced about 5 firms and based on
reputation, license, and financial stability, picked Carillon to be the on-site provider.
.
Daniel swore in Moriarty. Karen Moriarty spoke as the founder and CEO of Carillon, the assisted
living provider. She showed photos of existing buildings in other towns. She said the company
has an activity focus for the residents and has about 6 activities scheduled each day for residents to
choose from. She said the facility is licensed by the State of North Carolina, which requires
monthly inspections by both Orange County Department of Social Services and North Carolina
Department of Facility Services. Moriarty said because they are licensed, they could accept
Medicaid patients and routinely Medicaid recipients occupy 30% to 40% of the beds. She said
Carillon is not a CCRC and that not being one allows flexibility to residents. She said Carillon is a
d 5- ;2. 2.
.
JPH
4/15/2003, page 2
fee for service operation. She said the Town could expect that there will be designated employees
to help residents get the services they need, they provide concierge services, wellness programs,
some healthcare, and will provide short-term rehabilitation space for development residents.
Chavious asked if any of the residents drive. Moriarty said no, not once they have moved to
assisted living. Warren asked why the facility size had been reduced. Moriarty said 18 rooms were
reserved as expansion space and depending on roommate situations, their census would change.
Coleman asked to correct an earlier statement. He said he incorrectly indicated the Town Manager
said annexing the project would be good for the town when the manager did not give an indication
one way or the other as to potential financial impacts of annexation.
Daniel swore in Jenkins. Andrew Jenkins from Karnes Research described the survey information
they collected for the applicant. He said they placed ads in local newspapers to interview folks and
find out what people who were preparing to retire were looking for in terms of types, locations, and
services with housing. Daniel asked whether the 26 reported responses were specific to Orange
County and Jenkins said they were Triangle residents.
.
Daniel swore in Mirah McPherson. She said the project sounds good, but is it good for
Hillsborough. She said the town needs improvements to its infrastructure and this project doesn't
seem to offer many. She asked what is this project going to give us? She asked whether they
would work with existing service providers. She noted that 26 people are a vel)' small sample for a
survey.
Daniel swore in Jack Chestnut. He said the project needs to reach a wide economic range. He said
that he was glad to see Carillon as the committed assisted living operator. He said the project does
not meet the lowest income levels. He suggested that the town require a generator for the
community building and the assisted living for use during emergencies.
Daniel swore in Dr. Vincent Carrasco. He said he is a local physician. He said his personal
experience with a CCRC was disappointing. He said from a professional standpoint, he has
reviewed the medical model Corbinton plans to follow and it promotes residents staying in their
homes. He said he supports the project.
Daniel swore in Bill Crowther. He said the project has come a long way from the initial proposal,
but not far enough. He noted his continued concern about the natural areas and sensitive drainage
corridor across the property. He noted that the density allowed should be no more than double that
allowed under R-20. Crowther asked what number of members constituted a quorum of the
Planning Board. Daniel said that 5 members are sufficient because a current vacancy leaves the
board with nine members.
.
Daniel swore in Craufurd Goodwin. He said his concern is for the greater impact to the town and
neighborhood than personal impact to his property. He cited the examples of Carol Woods and the
Forest at Duke as desirable retirement centers. He added that they are higher cost developments,
but they followed the right process. He added that Corbinton looks like a housing development.
~S-~. 3
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JPH
4/15/2003, page 3
He said that Hillsborough needs a retirement center, but not this one. He asked the members to
consider the impacts if the development does not succeed.
Daniel swore in Tate McKee. He said the plans have been modified to address the concerns noted
previously. He said he is the current property owner and supports the project. He said the project
would benefit the town.
Daniel swore in Aaron Mayer. He reminded the board of his testimony at the last hearing and the
petition of support he submitted at that hearing.
Warren asked Chestnut whether the Advisory Council has been approached by either development.
Chestnut said no, but the Council would welcome a discussion. Warren noted his concern that
everyone may be over estimating the number of current Hillsborough residents that may move into
a retirement center.
.
Gering asked Moriarty about her timeline. She said they have an exemption from the CON
process. In order to keep the approval for beds, the financing for the project must be secured by
June 30, 2005 and the footings must be poured on the structure by December 31, 2005. She said
they would be the owner and operator of the assisted living center. They will sit on the Corbinton
board and advise. She said Carillon currently has 6 sites and she encouraged the members to drop
by unannounced at any site. She said the need for licensed assisted living facilities exists. Gering
asked if Moriarty is a non-profit enterprise; she said Carillon is a for profit company and pays
property tax. She noted that in other communities they generally pay between $40,000 and
$45,000 annually in taxes and utilities. Gering asked if she provided Alzheimer's care and
Moriarty said 12 beds would be reserved for Alzheimer's care.
Mayor Phelps asked Coleman how the age requirement is enforced. Coleman said the restriction
would be in the Homeowners Association regulations. Additionally, HUD requires annual
reporting on their compliance and requires that all advertising materials indicate the age restriction
to 55 +. Coleman added that the town could also monitor their compliance. He added that he has
met with Jerry Passmore and is willing to coordinate with his department. Mayor Phelps asked
whether the housing would match what is shown in the rendering and Coleman said it would. He
asked whether there is a difference in the quality ofthe attached and detached units and Coleman
said there was not, the price difference is from construction cost differences.
Sheridan asked about off-site traffic improvements. Daniel swore in Kevin Hamak. He said they
would be adding right and left turn lanes at both driveways.
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Daniel asked about the congregate building and whether the rooms would come off an interior
corridor. Coleman said all of the rooms come off an interior corridor; there are no outside
entrances to the assisted living units.
Gering asked about visitor parking throughout the development. Hamak said visitors are included
in the parking requirement for the assisted living center. The plan shows 1.5 to 1.75 spaces per
unit, providing 48 spaces for the assisted living center. In the single-family portion, parking will
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be on the street. Gering asked whether the streets were wide enough to allow on-street parking.
Hamak said the plans meet the NCDOT standard for pavement widths of27-28', which is adequate
for neighborhood traffic. Moriarty noted that her staff changes are off-peak, changmg at 7 AM.
Chair Daniel closed the public hearing and returned the gavel to Mayor Phelps. Mayor Phelps
adjourned the meeting at 9:05 PM.
Respectfully submitted,
.
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