HomeMy Public PortalAbout09-08-2003 Regular Session
.
.
.
348
Town
of
Hlli~ .
gh
MINUTES
IllLLSBOROUGH TOWN BOARD
September 8, 2003
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on September 8, 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, Evelyn Lloyd, Frances Dancy and Kenneth
Chavious. Staff present were Town Engineer Kenny Keel, Assistant Town ManagerlPublic
Works Director Demetric Potts, Planning Director Margaret Hauth, Fire Marshal/Code
Enforcement Officer Todd Chavious, Town Clerk Donna Annbrister, Finance Director Sherry
Carter and new Finance Director Greg Siler, Management Intern Kent Wyatt, and Town
Attorney Bob Hornik.
Mayor Joe Phelps called to order at 7:32 PM.
1. PUBLIC CHARGE
Mayor Phelps did not read the Public Charge but did state that it would be followed. He
explained that it is a very long agenda and that any items not covered at this meeting would be
continued until a later time. He suggested ending the Open Session and going into Closed
Session around 10:30 PM. By consensus, the Board agreed.
Finance Director Sherry Carter introduced the Town's new Finance Director, Greg Siler, who
will be filling the role upon Ms. Carter's retirement next spring.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA (speakers will have a 5 minute limit)
Mayor introduced Albeit Shambley who appeared before the Board and requested a donation of
$1,000 to the Exchange Club. He indicated that this donation would help off-set their extra
expenses of having to pay for garbage pickup at the Exchange Club Park.
The Mayor thanked Mr. Shambley for his time. This request will be addressed at a later meeting.
3. AGENDA CHANGES & AGENDA APPROVAL
Mayor stated that Item 9.1 Review bids for supplying generators for the Town Hall. Hassell
Street BPS. and Mavo Street BPS would be removed from the Agenda since the bids have not
yet been received.
4. APPOINTMENTS
A. Re-appoint Jeff Hopper to second term on the Board of Adjustment ending September 30,
2006
.
.
.
349
Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved
to re-appoint Jeff Hopper to a second term on the Board of Adjustment with a term ending
September 30, 2006 by a vote of 5-0.
B. Re-appoint Jim Boericke to a second term on the Planning Board ending September 30,
2006
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to
re-appoint Jim Boericke to a second term on the Planning Board with a term ending September
30, 2006 by a vote of 5-0.
5. APPROVAL OF THE MINUTES OF APRIL 15TH AND 22ND JOINT PUBLIC
HEARINGS, THE JULY 14TH REGULAR BOARD MEETING, THE JULY 22ND
JOINT PUBLIC HEARING, THE JULY 24TH MONTHLY WORKSHOP, AND THE
JULY 28TH SPECIAL MEETING
Commissioner Gering noted a typographical error in the Minutes of the July 22nd Joint Public
Hearing on the second page, fourth paragraph, second line - the word "bee" should be "been".
Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved
to approve the Minutes of the April 15th and 22nd Joint Public Hearings, the July 14th Regular
Board Meeting, the July 220d Joint Public Hearing, the July 24th Monthly Workshop, and the July
28th Special Meeting as presented with the aforementioned correction by a vote of 5-0. The
motion was declared passed.
6. REPORT FROM THE TOWN MANAGER
Mayor introduced Demetric Potts, Assistant Town Manager, sitting in for Town Manager Eric
Peterson who is out of town.
Assistant Manager Potts did not have anything additional to report.
7. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel presented a status report on all water and sewer projects.
8. CONSENT AGENDA
A. Consider approving Memorandum of Understanding for attorney services in FY03-04
from the Brough Law Firm
B. Consider approving a Resolution Enacting a Policy of Sick Leave and Salary
Continuation for Employees Experiencing Adverse Medical Reaction to Smallpox
Vaccination
Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board
moved to approve the Items A and B of the Consent Agenda as presented by a vote of 5-0. The
motion was declared passed. A copy of the Memorandum of Understanding for attorney
2
.
.
.
350
services in FY03-04 from the Brough Law Finn and a copy of the Resolution Enacting a Policy
of Sick Leave and Salary Continuation for Employees Experiencing Adverse Medical Reactions
to Smallpox Vaccination is hereby made a part of these official Minutes as an Attachment.
9. ITEMS FOR DECISION - REGULAR AGENDA
A. Consideration of Ordinance regarding False Fire Alarms
Fire Marshal Todd Chavious presented the Ordinance for the Board's consideration. He
explained the need to prevent false alarms or at least provide an incentive to maintain the Fire
Alarm System at a business is a must. The result of not controlling false alarms would result in
potentially increased insurance premiums for everyone in the town and poor volunteer response
to fIre calls. Fire Marshal Chavious stated that the Ordinance recommended for adoption is a
revised version of the Orange County Fire Alarm Code that has been tailored by the Orange
Rural Fire Chief, the Town Attorney and the Town Fire Marshal to fit the Town's needs. Fire
Marshal Chavious and Town Attorney Hornik responded to questions from the Board.
Commissioner Sheridan expressed concerns whether the $50 penalty is high enough.
Commissioner Gering suggested significantly raising the penalty.
Mayor Phelps asked the Town Attorney if we can send out notices to businesses letting them
know of this Ordinance and letting them know that if problems continue, the Board will consider
raising the penalty. The Attorney stated that it would be a very good idea to do that as part of
the Town's educational process.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved
to adopt the Ordinance Amending Chapter 12 of the Hillsborough Town Code to Regulate False
Alarms Received and Dispatched by Orange Rural Fire Department as presented by a vote of 5-
O. The motion was declared passed. A copy of the Ordinance is hereby made a part of these
official Minutes as an Attachment.
B. Consider approval ofKenion Grove Water/Sewer Extension Contract
This item was tabled to a later date.
C. Consideration of Preliminary Subdivision plan for Kenion Grove, 60 lots behind the
Orange County Planning Office using the cluster provisions with access to Revere Road
Planning Director Hauth explained that the Planning Board reviewed this application over the
course of 3 meetings. They encouraged the applicant to meet with neighbors to discuss their
concerns when about 6 attended the second Planning Board meeting. The subdivision plan has
changed somewhat since its original application. The applicant has also met with both the Police
and Fire Chiefs to discuss their concerns about the development. The Planning Board
recommended denial of the subdivision plan which they saw by a vote of 7-1. Reasons
mentioned at that meeting were: one access point, narrow streets, and the lack of recreation
space.
3
.
.
.
351
Applicant Vic Knight and Tony Whittaker addressed the Board and reviewed the revisions that
have been made and answered questions from the Board.
Commissioner Gering asked why the revisions were made after the presentation to the Planning
Board and why it was not taken directly back to the Planning Board before coming before the
Town Board.
Planning Director Hauth explained that the existing Ordinance does not allow the applicant to go
back to the Planning Board without the direction of the Town Board.
Commissioner Chavious suggested the Board vote to send this project back to the Planning
Board for their consideration.
Commissioner Gering also wished to send it back to the Planning Board and asked that they also
make a recommendation to the Town Board on whether they think the second subdivision access
would be better from Revere Road or Old Cedar Grove Road.
Mayor introduced citizens wishing to address Board on this issue:
Barbara Burger, resident of Revere Road, stated that she has an existing water and drainage
problem now, and is concerned how this development will affect her property noting that she did
not see a retention pond in the proposed plan. She also stated that she wanted to see sidewalks
on Revere Road.
Marjorie Gelunus, stated that she is new to the area and was not aware of this project. She stated
that she considers the development is too dense and is concerned about drainage problems.
Chris Kimball, Revere Road resident, expressed concerns with the water runoff problem. Also
stated concerns with the entrance from Revere Road being placed so close to the curve in the
road. Mr. Kimball would also like to see some type of covenants to restrict the use of the
property so that it does not negatively affect his property.
Evelyn Poole-Kober has been a temporary resident of Revere Road. She stated that she has seen
the water drainage problems along this road. She also expressed concerns with the speed of the
traffic on Revere Road and the proposed entrance to the development.
Edna Ellis stated that she is asking for the Board's protection of their property.
Cruz Lazono, stated he didn't have any additional concerns that have not been already covered.
Anthony Brooks stated that the majority of his concerns have already been mentioned. He stated
that he is also worried about the number of new homes increasing traffic, and possible crime.
Commissioner Gering stated he would like to have the following issues considered by the
Planning Board:
. Is retention pond necessary or best way to handle the runoff'?
4
352
.
· Access point - which is best for traffic and walkablility -- Revere vs. Cedar
Grove Road?
Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved
to send the revised Preliminary Subdivision Plan for Kenion Grove back to the Planning Board
for their consideration and recommendation by a vote of 5-0. The motion was declared passed.
D. Krista Babbitt will address the Board - Ms. Babbitt is requesting the Board discuss the
Water and Sewer Advisory Committee's recommendation to lower the Out-of- Town rate
multiplier from 200% - 195% and discuss the issue of conducting a rate study
Mayor Phelps stated that it is looking like the Town is going to experience a shortfall on water
and sewer revenues for this year, which may be due in part to the amount of rain and people not
watering their lawns.
Mayor suggested that part of a worksession be devoted to discussion of the water rate issue.
Commissioner Gering suggested that the Water/Sewer Advisory Committee bring back to the
Board additional rate options for consideration.
Commissioner Sheridan stated that a small adjustment such as lowering the Out-of-Town rate
multiplier from 200% to 195% is a modest request and suggested that the Board seriously
consider implementation.
. By consensus, the Board agreed to hear this item at a workshop at a later date.
Krista Babbitt presented the Board with a 5 page Petition signed by Town water/sewer users who
feel that everyone should pay the same rate for use. This Petition is hereby made a part of these
official Minutes as an Attachment.
E. Jack Smyre will address the Board regarding the Proposed Annexation of the 340 acre
Waterstone Development
Jack Smyre requested to schedule another Public Hearing to deliver to the Board the impacts of
the fiscal analysis.
Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved
to schedule a Joint Public Hearing with the Planning Board regarding the Proposed Annexation
of the Waterstone Development on September 29th in the Gordon Battle Court Room at 7:00 PM
by a vote of 5-0. The motion was declared passed.
F. Discuss Downtown Parking
.
In the Board's Agenda material, the Town Manager suggested considering increasing the time
limit on at least half of the spaces that are located in the parking lot between the Police
Department and the Mercantile Center.
5
.
.
.
353
After some discussion, and upon a motion by Commissioner Gering, seconded by Commissioner
Lloyd, the Board moved to increase the 2 hr parking on the North side of the Mercantile Center
to 3 hours by a vote of 5-0. The motion was declared passed.
G. Update from Code Enforcement Officer on Nuisance and Junk Car abatement efforts
Fire Marshal Todd Chavious presented an update on the Nuisance and Junk Car abatement
efforts.
H. Consider approval of Contract for Vulnerability Assessment and Emergency Response
Plan
Town Engineer Keel presented the Contract for the Board's consideration. He explained that
Congress has mandated certain security related requirements in response to the September 11,
2001 attacks. The US EP A was delegated with enforcement of the water utility requirements.
The Town of Hillsborough is in the final group of utilities to be required to perform these
studies.
Engineer Keel noted one change to be made to the Contract to change the wording from
California to North Carolina.
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to
approve the Contract for Vulnerability Assessment and Emergency Response Plan with Brown
and Caldwell for a budgeted amount of $45,000 as presented by a vote of 5-0. The motion was
declared passed.
Mayor called for a brief recess.
Mayor called the meeting to order.
I. Review bids for supplying generators for the Town Hall, Hassell Street BPS, and Mayo
Street BPS
Ibis Item was removed from the Agenda.
Mayor Phelps asked to move Item L to be heard before Item J. The Board agreed.
Item L was heard out of order.
L. Consideration of an Ordinance to rezone 19,680 sf from Residential-lO to General
Commercial (TM 4.8.D.ll&11a) at the corner of Faucette Mill Road and Cornelius
Street
Planning Director Margaret Hauth presented the Ordinance for the Board's consideration and
stated that the Planning Board unanimously recommended approval.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board
6
354
.
moved to adopt the Ordinance to rezone 19,680 sf from Residential-lO to General Commercial
(TM 4.8.D.ll&lla) at the corner of Faucette Mill Road and Cornelius Street as presented by a
vote of 5-0. The motion was declared passed. A copy of the Ordinance to rezone 19,680 sffrom
Residential-lO to General Commercial (TM 4.8.D.ll&lla) at the corner of Faucette Mill Road
and Cornelius Street is hereby made a part of these official Minutes as an Attachment
J. Discussion of revised information submitted by Corbinton Commons and Village at
Meadowview
Planning Director Margaret Hauth led the discussion.
Mr. Coleman, representing Corbinton Commons, addressed the Board and reviewed the
proposed changes to the Corbinton Commons project.
Mr. Evans, representing Village at Meadowview, addressed the Board and reviewed the
proposed changes to the Village at Meadowview project stating that he feels that they address
the Board's concerns.
He suggested that the Town set up a Committee to review getting a HUD 202 Program in
Hillsborough and possibly have some developers to serve on the Committee.
Commissioner Sheridan suggested these items be placed on the agenda for either the September
worksession or the October regular Board Meeting.
. Commissioner Gering suggested the October regular Board Meeting.
By consensus, the Board agreed to consider voting on them at the October regular Board
Meeting.
Item 9.M was heard out of order.
9.M. Consideration of an Ordinance to amend the Zoning Ordinance to include assisted living
and adult care home in the definition of extended care facility and allow such facilities
within residential districts with a Conditional Use-2 permit
Planning Director Hauth presented the Ordinance for the Board's consideration. She reminded
the Board that a request had come from Carillon to allow assisted living facilities in residential
area was heard at the July Public Hearing. Planning Board and Town Board members both
indicated a preference for the use to come under their review as a special use. The language in
the proposed Ordinance has been adjusted to reflect the change in the review process. Hauth
stated that the Planning Board unanimously recommended adoption of these revised
amendments.
.
Upon a motion by Commissioner Gering, seconded by Commissioner Sheridan, the Board
moved to adopt the Ordinance to amend the Zoning Ordinance to include assisted living and
adult care home in the definition of extended care facility and allow such facilities within
residential districts with a Special Use Permit as presented by a vote of 5-0. The motion was
7
.
.
355
declared passed. A copy of the Ordinance is hereby made a part of these official Minutes as an
Attachment.
K. Consider approving street resurfacing bid and street paving contract for FY04
Assistant Town Manager/Public Works Director Demetric Potts presented the bids for the
Board's consideration. Potts stated that during Fiscal Year 2004 the following streets are
scheduled for resurfacing: Latimer St. (Nash St. to Hayes St.); S. Wake St. (W. Margaret Ln. to
End); Brownville St. (Lakeshore Dr. to W. King St.); Cameron St. E. Corbin St. to St. Mary's
Rd.); Webb St (Nash St. to Holt St.); and Holt St. (W. King St to Knight St.). The Town is in
year four of the Ten Year Street-Repaving Plan. Potts reported that the Board had allocated
$65,000 for street resurfacing in FY04 Powell Bill Funding. The lowest bid was for $72,650.
Assistant Town Manager/Public Works Director Demetric Potts recommended the Board award
the resurfacing and street paving contract to Barrett, Irvin & Jordan Construction, Inc. of
Durham who came in with the lowest bid.
By consensus, the Board agreed to have the paving done even if there is a shortfall in the Powell
Bill funds.
Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved
to award the FY04 Street Resurfacing and Paving Contract to Barrett, Irvin & Jordan
Construction, Inc. of Durham in the amount of $72,650 as recommended, by a vote of 5-0
pending references. The motion was declared passed. A copy of the Street Improvement Bids
tabulation and a copy of the Paving Contract are hereby made a part of these official Minutes as
Attachments.
L. Consideration of an Ordinance to rezone 19,680 sf from Residential-lO to General
Commercial (TM 4.8.D.11&lla) at the comer of Faucette Mill Road and Cornelius
Street
This Item was heard earlier in the meeting out of Agenda order.
M. Consideration of an Ordinance to amend the Zoning Ordinance to include assisted living
and adult care home in the defInition of extended care facility and allow such facilities
within residential districts with a Conditional Use-2 permit
This Item was heard earlier in the meeting out of Agenda order.
Items 9.N, 9.0, 9.P, and 9.Q were all voted on together.
N. Consideration of an Ordinance to amend Section 8.17 of the Zoning Ordinance to allow
staff to remove certain non-conforming signs
O. Consideration of an Ordinance to amend Section 5.24 of the Zoning Ordinance to require
. sidewalk width of 5 feet and require maintenance
8
.
.
.
356
P. Consideration of an Ordinance to amend Section 2 and 4.6 of the Subdivision
Regulations with regard to "common open space"
Q. Consideration of an OrdiJ;lance to amend Section 4.4.3 of the Subdivision Regulations to
set the sidewalk width at five feet
Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved
to approve Items 9.N, 9.0, 9.P, and 9.Q as presented by a vote of 5-0. The motion was declared
passed. A copy of the Ordinance to amend Section 8.17 of the Zoning Ordinance to allow staff
to remove certain non-conforming signs; a copy of the Ordinance to amend Section 5.24 of the
Zoning Ordinance to require sidewalk width of 5 feet and require maintenance; a copy of the
Ordinance to amend Section 2 and 4.6 of the Subdivision Regulations with regard to "common
open space", and a copy of the Ordinance to amend Section 4.4.3 of the Subdivision Regulations
to set the sidewalk width at five feet are hereby made a part of these official Minutes as
Attachments.
R. Discuss preparations for the Town Manager's Annual Evaluation in October
By consensus, the Board agreed to conduct the Town Manager's Annual Evaluation in Closed
Session at their Regular Meeting in October. They did ask to have the Manager provide them
with the forms they have used in the past. The Town Clerk indicated that she would relay that
information to the Manager.
S. Discuss joint meeting with Orange County BOCC on March 29, 2004
By consensus, this date will be placed on their meeting schedule.
T. Discuss "Hot Topics" for September Workshop
By consensus, the Board agreed to discuss Retirement Centers at their September Workshop.
10. CLOSED SESSION
Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to
go into Closed Session for the purposes of discussing current litigation, proposed litigation, and
property acquisition by a vote of 5-0. The motion was declared passed.
A. Closed Session regarding current litigation regarding junk cars and
nuisance lots
B. Closed Session to discuss possible property acquisition
C. Closed Session to discuss potential litigation
C 1. Closed Session to discuss potential litigation
Upon returning to Open Session, and upon a motion by Commissioner Lloyd, seconded by
Commissioner Gering, the Board moved to authorize the North Carolina League of
Municipalities to offer claim settlement of up to $5,000 to Mr. Kent Scott for wrongful cutting of
a Hackberry Tree by a vote of 5-0. The motion was declared passed.
9
357
. 11. ADJOURN
Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved
to ad.oum the meeting at 11.40 PM by a vote of 5-0. The motion was declared passed.
~/~
espectfully submitted,
Donna F. Armbrister, CMC
Town Clerk.
.
.
10
.
.
.
358
COMPENSATION FOR SERVICES
Statements for services rendered by The Brough Law Fiml will be prepared at the end of
each calendar month for the work performed during the previous month.
Your monthly statement will consist of two parts: an itemized breakdown of professional
services and a list of expenses and costs advanced.
The professional services portion of your statement will be based upon the following
hourly rates for the attorneys who work on your case:
Michael B. Brough
William C. Morgan, .Ir.
Nicholas Hemlan
Robert E. Hornik, Jr.
T.c. Morphis, Jr.
$140.00
$130.00
$130.00
$130.00
$100.00
Your statement will indicate the services performed and the date, the attorney performing
the services, the hourly rate, and the total. It will also include an itemized list of additional
expenses and costs advanced. These include:
.
Photocopy charges for non-routine copying done for the client outside the office.
.
Private express mail carriers such as Federal Express.
.
Paralegal services at a rate of $50.00 per hour.
.
Law clerk services at a rate of $35.00 per hour.
.
Mileage and travel expenses outside Orange, Durham, Wake & Chatham counties.
.
Filing, service of process, ana other fees associated with litigation.
.
Fees for recording deeds and other instruments.
Statements will be mailed by the 10th of each month and are overdue if payment is not
received by the end of that month. Interest at the rate of 1 'i2% per month shall accumulate on
balances not paid within thirty days after the date such balances become overdue.
Any retainer received from you will be deposited in our trust account and used to pay
your monthly statements. To the extent our statements exceed the retainer amount, payment will
be expected as indicated above. If payment in full is not received by the 151h of the month
following the month in which a statement is issued, no additional services will be performed in
your behalf and thereafter services will be performed only if and to the extent that additional
funds are deposited in our trust account to ensure payment of our statements as they become due.
.
.
.
359
:-fORTH CAROLINA
ORANGE COUNTY
MEMORANDUNl OF UNDERSTANDING
I. Parties. The parties to this memorandum of understanding ("memo") are the Town
of Hillsborough (the "Town") and The Brough Law Fim1 ("Law Fim1").
2. Purpose. The purpose of this memo is to set forth the understanding between the
parties concerning the nature of the relationship under which the Law Firm shall serve as the Town
Attomey.
3. Scope of Service. In consideration of the compensation set forth below, Law Firm
shall continue to perform for the Town all of the legal services required by the Town as set fOlih
herein. Such services shall include, without limitation, consultation with the Board of
Commissioners and town staff, attendance upon request at the Board of Commissioner's meetings,
and the meetings of other boards, drafting and/or review of ordinances and other documents, and
representation of the Town in litigation. Not included within the scope of covered services are
services customarily performed by outside bond cOlIDsel. '
4. Services Perfonned by Law Finn. The parties acknowledge and agree that the full
. resources of the Law Fim1 shall be available to the Town. However, the Law Firm may subcontract
with otherfinns or i11dividuals to have certain services perfom1ed for the Town, sllch as title
searches, but the Law Firn1 shall remain responsible to the Town for the quality and timeliness of
these services. Payment for these subcontracted services shall be made by the Law Firn1 and shall
be charged to the Town on the Law Firm's monthly invoice.
5. Compensation. The Town shall pay to Law Fim1 for legal services rendered during
fiscal year 2003-2004 on a mont~ly basis according to the services perfon11ed during each month.
Monthly invoices shall indicate the number of hours worked and the fees shall be calculated
according to the following rates.
Michael B. Brough $140
William C. Morgan, Jr. $130
G. Nicholas Herman $130
Robert E. Hornik, Jr. $130
T. C. Morphis, Jr. $100
Ordinary office expenses shall continue to be charged in accordance with the attached statement.
.
.
.
360
6. Duration, Temlination. This memorandum shall govem the relationship between
the patiies for the period July 1, 2003 through June 30, 2004. The relationship established under
this memorandum may be tenninated upon ten (10) days written notice by either patiy. Payment
shall be made for services rendered through the date oftemunation.
I~:jr-
. This memorandum of understanding is executed by the paIiies this _ day of
(f ~ ,2003.
TOWN OF HILLSBOROUGH
THE BROUGH LAW FIRM
BY ~i ,/)
Robert E. Hornik, .r r.
BY:
Eric Peterson, Manager
ATTEST:
Donna All11brister, Clerk
Provision for payment has been made by an appropriation duly made or bonds or notes duly
authorized, pursuant to the Local Government Budget and Fiscal Control Act.
~-
.
.
.
361
TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS RESOLUTION
ENACTING POLICY REGARDING SICK LEAVE AND SALARY CONTINUATION
FOR EMPLOYEES EXPE~ENCING ADVERSE MEDICAL REACTION TO
SMALLPOX VACCINATION
Dated: September 8, 2003
WHEREAS, the General Assembly has added a new General Statutes 9 160A-164.1
requiring municipalities employing firefighters, police officers or paramedics or other first
responders, to enact policies regarding sick leave and salary continuation for employees for
possible absence from work due to adverse medical reactions to smallpox vaccinations; and
WHEREAS, the Town of Hillsborough employs firefighters and police officers, and
other potential first responders who may suffer adverse medical reactions to smallpox
vaccinations;
NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of
Commissioners as follows:
Notwithstanding any language in the Hillsborough Town Code to the contrary,
should any firefighter, police officer, or other "first responder" employed by the Town
experience an adverse medical reaction to a small pox vaccination received as a result of
employment by the Town, the Town shall, upon presentation to the Town of a written report or
opinion by a North Carolina licensed physician confimling the cause of the reaction, recognize
that such an adverse reaction is a compensable covered event such that the provisions of Town
Code Chapter 4 - Personnel Policy, and of Section 4-25 (Workers' Compensation Leave) shall
apply.
The foregoing Resolution on motion of Commissioner L/d?~~
seconded by Commissioner t!AI?V/P//1 , was adopted this 8th day of September, 2003,
Ayes: 6"
Noes: V
. Absent or Excused: .-c::::r-
~~~
Donna Armbnster, Town Clerk
Dated: tJ?-?lf-~.3
-
.
-
362'
AN ORDINANCE AMENDING CHAPTER 12 OF THE HILLSBOROUGH TOWN
CODE TO REGULATE FALSE ALARMS RECEIVED
AND DISPATCHED BY ORANGE RURAL FIRE DEPARTMENT
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLS BOROUGH ORDAINS AS
FOLLOWS:
Section 1. Chapter 12 of the Hillsborough Town Code is amended to add a new
Section 12-5, to read as follows:
Section 12-5 FALSE ALARMS:
12-5(a)
PURPOSE
(1) The purpose of this section is to establish standards and controls relating to alarm
devices, encouraging the alarm user to maintain the operational reliability and the proper use of
alarm systems in limiting the unnecessary dispatch of emergency service personnel to false
alarms.
(2) This section applies to all types of alam1s in which law enforcement or emergency
service agencies respond, provides for penalties for violations, and sets conditions for suspension
or loss of alarm dispatch of emergency service personnel by Orange Rural Fire Department, or
such other emergency service agency as may respond.
12-5(b)
DEFINITIONS
(1) For the purpose of this section, the following definitions shall apply unless the
context clearly indicates a different meaning:
ALARM SYSTEM: A device or system that emits, transmits, or relays a signal
intended to summon, or that would reasonably be expected to summon a law enforcement or
emergency service agency providing service in the Town of Hillsborough.
AUXILIARY ALARM POWER SUPPL Y: This is Imown as an
UNINTERRUPTED POWER SUPPLY or UPS and should be of sufficient capacity to operate
the alarm system for 15 minutes without failure.
ALARM SIGNAL/NOTIFICATION: A detectable signal, either audible or visual,
or an automatic dialing service or an automatic telephone dialing alarm system, including any
other systems designed to be initiated purposely by a person or an alarm system that responds to
a stimulus characteristic of unauthorized intrusion, or fire conditions to which a law enforcement
or emergency service agency in Hillsborough is expected to respond.
ALARM USER: An individual, corporation, partnership, proprietorship, association,
governmental or educational entity or any other entity owning or leasing an alarm system, or on
whose premises an alarm system is maintained for the protection of such premises.
FALSE ALARM: Any activation of an alarm system through mechanical failure,
malfunction, improper installation, without an unlawful entry or other condition which the alarm
is designed to detect, or through the negligent or intentional acts of the owner or lessee of an
.
.
,
363
alarm system or of the employees or agents or other causes, which activates to summon law
enforcement or emergency service personnel, unless the Orange County Communications Center
(or other dispatcher) was contacted by the alarm user or his/her agent before emergency service
personnel arrive at the alarm location, to report the alarm to be false and no response is required.
A false alarm shall not include:
(2)
Alarms equipped with an auxiliary power supply (UPS) to prevent
activation during power surges or failures.
(3)
Alarms occurring during electrical storms, hurricanes, tornadoes, blizzards
and any other similar acts of nature;
(4)
Intermittent disruption or disruption of the telephone circuits beyond the
control of the alarm company and/or alarm user when equipped with a
UPS that was overridden and did not prevent the alarm;
(5)
Electrical power disruption or failure that cause the alarm to be activated
even though it operates through a UPS;
(6)
Alarn1s activated during an alarm system testing procedure shall not be
considered false alarms, if the alarm user first notifies the user's alarm
company, or designee, and Orange Rural Fire Department of the test so no
response is caused;
(7)
Other extraordinary circumstances not reasonably subject to control of the
alarm system owner or user.
(8) An alarm is false within the meaning of this section when upon inspection
by the responding law enforcement or emergency service agency evidence indicates that no
authorized entry or threat to life or property of the premise was committed which would.have
activated a properly functioning alarm system.
12-5( c)
ALARM USER INFORMATION
Whenever the information provided on the alarm user call back or notification roster
changes, the correct information must be provided by the alarm user to the Fire Chief within
thirty (30) days of the change. Failure to make the changes so the callback or notification roster
is updated with correct information may cause the alarm user not to be contacted of the
activation.
12-5( d)
RESPONSE TO ALARM; DETERMINATION OF VALIDITY
(1)
Whenever an alarm is activated and law enforcement or emergency
service agency responds, the responder on the scene of the acti vated alarm
system shall inspect the area and shall determine whether the response was
2
-
.
~
364
in fact necessary as indicated by the alarm system or whether the alarm
was a false alarm.
(2)
No alarm may be silenced or re-set without the authorization of the Fire.
Chief on the scene. Evacuation of the premises per the occupancy's
evacuation plan should be initiated and continued until the Fire Chief or
his designee on the scene orders otherwise.
(3)
If the response agency at the scene of the activated alarm system
determines the alarm to be false, the response unit will notify
communications of the false alarm. The Fire Chief shall notify the alarm
user by letter of false alarm determination.
(4) The Fire Chief shall when requested by the alarm user review the determination
that an alarm was false. Such review shall be conducted by the Fire Chief only if the alarm user
requests such review in writing, within ten (10) days of the date that the false alarm occurred.
The written request for review of a false alann shall include the following information:
1. Alarm user name;
11. Address at which alarm is installed;
111. Date of false alarm being contested;
tv.
Summary of reason the request for review of the false alam1.
12-5(e)
AUDIBLE ALARMS
A central station does not monitor audible alarms, therefore requests for law enforcement
or emergency service response generally is initiated by neighbors living in the area or a passer-
by. Audible systems shall be equipped with an automatic reset device that will reset and cease to
sound the alarm after a reasonable period of continuous activation. No audible alarm system
shall be manually re-set until the Fire Chief or his designee on the scene so authorizes.
12-5(f)
CIVIL PENALTY ASSESSMENT FOR FALSE ALARMS
(1)
It is hereby found and determined that more than three (3) false alarms
within any twelve month period is excessive and constitutes a public
nuisance. The failure of owners or users of premises to bring alarm
systems as defined in this ordinance may result in such owner or user
being charged criminal offense of intentionally creating a false call.
(2)
The 4th false alarm at a location within a twelve-month period will be
assessed a fifty dollar ($50) civil penalty. The 5th call, and any
subsequent calls, within a twelve-month period will result in a $200 civil
penalty, and each subsequent call within a twelve-month period shall
constitute a misdemeanor punishable in accordance with North Carolina
General Statutes S 14-4. Each service charge incurred as a result of false
3
.
.
,
365
alarms at the premises assigned to the alarm user shall be paid within
thirty (30) days from the date of receipt of the invoice.
(3)
After the 4th false alarm to a location within a twelve month period, the
agency with the legal responsibility to respond to the alarm may request
the alarm be placed in suspension. The responding agency will notify the
communications center by letter to suspend dispatching I:esponses to the
alarm, giving the effective date, alarm type, alarm location by address, and
agency contact person. The communications center shall document all
calls from an alarm in suspension, but shall not dispatch the call until
authorized to do so by the agency with legal authority to take the alarm out
of suspension. Each alarm received while th~ alarm- is in suspension shall
be considered false and accrue a fifty dollar ($50) charge for each call.
Reinstatement of dispatch to alarm calls will be made only upon receipt of
a letter from the responding agency that misuse problems have been
corrected and normal dispatch is to resume. .
(4)
Any charges imposed by this article may be collected by the Fire Chief in
a civil action in the nature of debt.
(5)
The failure of an alarm user to make payment of any civil penalty
imposed under this section within thirty (30) days from the date of receipt,
may result in collection through legal remedies.
12-5(g)
SEVERABILITY
If any provision of this article or the application thereof to any person or circumstance is
for any reason held invalid, such invalidity shall not affect other provisions or applications of the
article which can be given effect without the invalid provision or application, and to the end the
provisions of this Article are declared to be survivable.
Section 2.
This Ordinance shall become effective upon adoption.
4
-
.
~
366
The foregoing Ordinance, having been submitted to a vote, received the following vote
and was duly adopted this -1:I:IL day of fl6pkmh&R ,2003.
Ayes: S-
Noes: g-
Absent or Excused: &-
~~
~~
5
.
.
.
367
PETITION
\Ve the undersigned would like to express that the out of town water and sewer rates
are unfair as they are more than in town residents of Hillsborough, N.C. pay. We feel
eyeryone should pay the same rate for use and would like to express this to the City,
County, and Boards.
N"ame
-!iir:g~
Af.L/I [1 'BJt.~o~ .
15eJc;1r 'PAUl M 4-"J
#\0. <t '1 A' ~ (....z- l?\' \ e.1
;J /.. .
b-? I. .
L 5.
~
~/U Q 10 o\--M .
LQ!)nL~Lcuj \
i..
G 4
3l/lJ ( LA" (e Sf. ti) S"
J~61 /I tIet ~ T::JI;- I 7
Ll () I Al Ie e.- sf itj q
~~~ I~~'~a ~~ys
'300\ M~ UL st {3vt-~
3~1 4\ice st "Bx~
.
368
.
PETITION
We the undersigned would like to express that the out of town water and sewer rates
are unfair as they are more than in town residents of Hills borough, N.C. pay. \Ve feel
evelyone should pay the same rate for use and would like to express tills to tile City,
County, and Boards.
.
.
Address
3~ ~;;;;.o A \,' ce:. ...sJ 1
. 5t-lo l- 38' A- h~-Q. S 1-
~ A{t> I - 3 <6 A-lL~~ ~
340\ - 3~ ALL~~+
J< pJ./ 340 I ~ 31' /11:." ~ >1.
~ -91J11:<LSi-.
'3110\ - 3~ f4~.t.-(. ~j.
"3'Lf"I-33 ~ p..
~J.(D \ cM.l~2~~ ~~ .
" <( (/ I A-/:cc-..;..{ .ff"3 0
aa{)G; DJd DC '6&J
:J.:J.D'j ot-l ~(C ?rc..
I bot - Y5 Ph.:-ek 7)r
If~~~=-ii PI:::te iDtmJiP
( ) ~ LLn lQK
/ 1- '3
J~ol ~qq.-Pl~ UV-.
-VJ() \ - '-\ ';}.. V "" 0 t:\r) e \f) \
I b 0/ - 'I Z fhf{t!. P/-
~g4[)/~ .J~I
<3'\01 A \iU- 61. 10-\ ~
3lf(J( m/rp-3t) L . r( d
.
.
'-11:'0
.
369
PETITION
We the undersigned would lik; to express that the out of town water and sewer rates
are unfair as they are more than in tovm residents of Hillsborough, N.C. pay. Vole feel
everyone should pay the same rate for use and would like to express tIlis to tile City, .
County, and Boards.
Name Address
\-\(\}~ p, \<,. '> L \J..O()~y. l '0/- S~- e1:rO'E'8t D~.
'~"{\o... \::>~ ,--^-CJO\) Y J~o.J - S:L- Pt-\of: ~f' \)~.
. "H 1/,0 I - 3l - r IiJ2J liE 12 ~.
; Ife. c;. ( J /601 '-,~ ^ - ;0// QEiib... D '
~~( -~!
Ittr1 . ~ ~'1. ~ti~_
I L 0 f /' J, 0 e k I) tl. ! tJ ,L. ~ /J /4
~k 'I 0:::1 ~1' !tel .2~' A
--'__ 0 I (j __--L _~ )~
~~:f7~<~J~h b~~R' i~~fl
.J!ct:l) ~hwx /Jv: L o-r--,IJ
J bit I p~ kVt. L1-:f- /1"
./C~) I r:bmJ.x ~ b>~'7
/Ar..l'l r /In ~p II
ct./Y"1~ D (ll ~
".John J.fJ n1t>
C f1~c;rf}l f1 lip ()
~A^~A 1&_~o.4aA h
i~~~$~
)
.
.
.
370
PETITION
We the undersigned would like to express that the out of town water and sewer rates
are unfair as they are more than in town residents of Hills borough, N.C. pay. We feel
evelyone should pay the same rate for use and would like to express tllis to tlle City,
County, and Boards.
Address )....:iT - 3?
j(,CJII~ r!lJL /t'1/d~I7C.
3fi:11 tlh ~~ i1" f ~qV~J;z~(!,
11 L\ 1\ ho-r-'l7 Il II
P A rJ eb e L- 0 t i 7
4,171 .P.l~~ ~ Co-Yl/?
I&-D( 'I1/tJE,3f: Ve, tlYfd Co
/ fo 0\ PtfofB.E.. Drz, LoT CJ..t.o
.
.
.
l,
") P'1 .~
V ( .L
PETITION
We the undersigned would like to express that the out of town water and sewer rates
are unfair as they are more than in town residents of Hillsborough, N.C. pay. \Ve feel
evelyone should pay the same rate for use and!, would like to express this to g,d:.~ d!~8~
County, and Boards. () IC Hr.L MS~ I v e.- uS CL-- 5 Lt.- /; 5 y;~ S-,u ;a:rye..-:.s
N aIne Address
~a~ b~~ -
.) I 7 I ^ . rC7cL{~ ~~ 7-'1- \1 6~,~
-~f!:f . 01a.Ak )?-6 . _)~i1/'.
~ Rtssoo - tbO'! PN~ De. I1/;fJ.PE~()(Je?H I'IC/
j~ ~CL lleOt i'hvelK ex 0~(,,()Q ~'Jh1)VJ'^t
. \ c,o~ -:5 ~:e~G'.- 'i:-'
Itol - PIh b fI
(bOt PrloE./31:. ~k. #; 31.,
/ b'/! .I)~" -0 . /], E J\ \) .1oT2.D
.. " -...... --
1[;6" 7?ier.':('r c'~ ~ LC:T I.:{..''(
La-- F--- It- tno
\...crr- -Wd 'p'Vl?)f~
lQa V lU\- '6)' ~'K
(/~. , .//-
~ ;..!. _~L.'....I..->,
(l.; f .:J-<( / '
, J<.
J '/ '(
/) . - / '
, ~ I "...._ L77~'.
.
.
.
372
AGREEMENT FOR CONSULTING SERVICES
BE1WEEN THE TOWN OF HILLSBOROUGH
AND BROWN AND CALDWELL
FOR VULNERABILITY ASSESSMENTS AND EMERGENCY RESPONSE PLAN
THIS AGREEMENT is made and entered into on this day of , 2003 by and
between the Town of Hillsborough, hereinafter referred to as "Client," and Brown and Caldwell, a
California corporation, hereinafter referred to as "Consultant."
RECITALS:
WHEREAS, Client is authorized to and desires to retain Consultant to ;
WHEREAS, Consultant, has available experienced personnel and offers to provide a Vulnerability
Assessment to enable Client to enhance the security of its facilities;
WHEREAS, Client desires to retain Consultant to perform the services in the manner, at the time, and
for the compensation set forth herein;
NOW, THEREFORE, Client and Consultant agree as follows:
I.
SCOPE OF CONSULTANT SERVICES
Consultant agrees to perform those services described hereafter. Unless modified in writing by both
parties, duties of Consultant shall not be construed to exceed those services specifically set forth
herein.
A. Basic Services
Consultant agrees to perform those basic services described in Exhibit A entitled"
Scope of Services," dated August 14, 2003 (the "Services"). Any tasks not specifically
described in Exhibit A are Additional Services.
The security services further described in Exhibit A are for tlle completion of a
Vulnerability Assessment and Emergency Response Plan. The services conform to the
Sandia RAM-wrM process. A methodology for determining critical assets will be
demonstrated to Client, who will then provide Consultant with a ranked list of critical
assets. Using this list, Consultant will determine the Existing Level of Risk. If tlle
Existing Level of Risk is greater tllan the Client's Acceptable Level of Risk, Consultant
will suggest modifications. to reduce the risk to a point less than or equal to the
Acceptable Level of Risk. In addition, an Emergency Response Plan will be prepared.
Due to the sensitivity of the services to be performed, close coordination and
teamwork between Client and Consultant is necessary. Since neither the Assessment
nor the Plan can anticipate all possible scenarios, Client must evaluate its own risk
tolerance level and use its own judgment when considering options.
Hillsborough Contract vI
Page 1 of 8
.
.
.
373
B.
Additional Services
Client shall pay Consultant all fees and costs incurred in performing Additional
Serviccs provided the services were either (a) authorized by Client, or (b) required to
be performed due to emergency conditions at the project site. Client will be deemed to
have authorized the Additional Services if Consultant provides Client \vith notification
dlat the Additional Services will be performed and Client does not object within five
(5) working days after notification. Unless otherwise agreed in writing, Additional
Services shall be performed in accordance with Consultant's standard billing rates at
the time dle Additional Serviccs are performed.
II.
RESPONSIBILITIES OF CLIENT
In addition to payment for the Services performed under this Agreement, Client shall:
1. Assist and cooperate with Consultant in any manner necessary and within its ability to
facilitate Consultant's performance under this Agreement.
2. Designate in writing a person to act as Client's representative with respect to this
Agreement. Such person shall have complete authority to transmit instructions, receive
information, interpret and dcftne Client's policies, make decisions and execute documents
on Client's behalf.
3. Furnish Consultant with all technical data in Client's possession including, but not limited
to, maps, surveys, drawings, soils or geotechnical reports, and any other information
required by, or useful to, Consultant in performance of its Services under this Agreement.
Consultant shall be en tided to rely upon the information supplied by Client.
4. Notify Consultant of any known or potential health or safety hazards existing at or near the
project site.
5. Provide access to and/or obtain pernusslOn for Consultant to enter upon all property,
whether or not owned by Client, as required to perform and complete the Services.
III.
AUTHORIZATION AND COMPLETION
In signing this Agreement, Client grants Consultant specific authorization to proceed with work
specified in Exhibit A. The estimated time for completion is within 180 calendar days of the date
Consultant rcceives authorization to proceed with the work from Client. Consultant shall use its best
efforts to perform the work specified in Exhibit A within the estimated time.
IV.
COlvlPENSA TION
A.
Amount
For the Services described in Exhibit A, Client agrees to pay, and Consultant agrees to
accept compensation in accordance with Exhibit A. All work shall be performed on a
lump sum basis, per the total shown in Exhibit A.
B.
Payment
Hillsborough Contract v I
Page 2 of8
.
.
.
VI.
V.
374
As long as Consultant has not defaulted under this Agreement, Client shall pay
Consultant within 30 days of the date of Consultant's invoices for services performed
and reimbursable expenses incurred under this Agreement. If Client has reason to
question or contest any portion of any such invoice, amounts questioned or contested
shall be identified and notice given to Consultant, within lS days of the date of the
invoice. Any portion of any invoice not contested shall be deemed to be accepted and
approved for payment and shall be paid to Consultant within 30 days of the date of the
invoice. Client agrees to cooperate with Consultant in a mutual effort to resolve
promptly any contested portions of Consultant's invoices.
In the event any uncontested portions of any invoice are not paid within 30 days of the
date of Consultant's invoice, interest on the unpaid balance shall accrue beginning with
the 31 st day at the maximum interest rate pennitted by law, and ConsulL'tnt shall have
the right to suspend work per Article XII, Suspension of Work.
RESPONSIBILITY OF CONSULTANT
A.
Standard of Care--Professional Services
Subject to the express provisions of the agreed scope of work as to the degree of care,
amount of time and expenses to be incurred, and subject to any other limitations
contained in this Agreement, Consultant shall perform its Services in accordance with
generally accepted standards and practices customarily utilized by competent
engineering firms in effect at the time Consultant's Services are rendered. Consultant
does not expressly or impliedly warrant or guarantee its Services.
B.
Reliance upon Information Provided by Otl1ers
In its performance of services hereunder, Consultant shall rely on information
provided by otl1er parties (excepting Consultant's subcontractors); Consultant shall not
independently verify the validity, completeness, or accuracy of such information unless
otherwise expressly engaged to do so in writing by Client.
ASBESTOS/HAZARDOUS MATERIALS
Consultant and Consultant's subcontractors shall have no responsibility for the
discovery, handling, removal, or disposal of or exposure of persons to asbestos or
hazardous or toxic materials tl1at are present in any form at the Project site.
Professional services related to or in any way connected with the investigation,
detection, abatement, replacement, use, specification, or removal of products,
materials, or processes containing asbestos or hazardous or toxic materials are beyond
the scope of this Agreement. Client shall be solely responsible for notifying all
appropriate governmental agencies, including the potentially effected public, of the
existence of any hazardous or toxic materials located on or in the project site at any
tune.
In the event Consultant encounters asbestos or hazardous materials at the jobsite,
Consultant may, at its option and without liability for damages, suspend the
performance of services on the Project until such time as Client and Consultant
mutually agree on an amendment to this Agreement to address the issue, or Client
Hillsborough Contract v I
Page 3 of8
.
.
.
VII.
VIII.
375
retains another specialist consultant or contractor to identify, classify, abate and/or
remove the asbestos and/or hazardous materials.
CONSULTANT'S WORK PRODUCT
A. Scope
Consultant's work product which is prepared solely for the purposes of this
Agreement, including, but not limited to, drawings, test results, recommendations and
technical specifications, whether in hard copy or electronic form, shall become the
property of Client when Consultant has been fully compensated as set forth herein.
Consultant may keep copies of all work product for its records, unless otherwise agreed
with Client that all work product shall be returned fo Client.
Consultant and Client recognize that Consultant's work product submitted in
performance of this Agreement is intended only for the project described in tlus
Agreement. Client's alteration of Consultant's work product or its use by Client for any
other purpose. shall be at Client's sole risk, and Client shall hold harmless and
indemnify Consultant against all losses, damages, costs and expense, including
attorneys' fees, arising out of or related to any such alteration or unauthorized use.
INDEI\1NIFICA TION
A.
Indemnification of Client
Consultant agrees to indemnify, defend, and hold Client harmless from and against any
liability to the extent arising out of the negligent errors or negligent omissions of
Consultant, its agents, employees, or representatives, in the performance of
Consultant's duties under this Agreement.
B.
Consequential Damages
Regardless of any other term of this Agreement, in no event shall either party be
responsible or liable to the other for any incidental, consequential, or other indirect
damages.
Disclaimer of Warranties and Limitation of Liability
Client acknowledges that Consultant's services are intended to identify primary
vulnerabilities, to assess threats to the security of Client's facility, and to suggest
measures to reduce the risk or consequences of undesired events, whether caused
intentionally or not, at Client's facility; Client further acknowledges tllat it is not
reasonably feasible for Consultant to identify all such risks or propose measures tllat
are certain to eliminate such risks. Furthermore, Consultant cannot be responsible
for the manner or extent in which its fmdings and recommendations are acted upon,
nor for the impact of future conditions differing from those at the time its services
were provided.
Hillsborough Contract vI
Page 4 of8
.
.
.
376
Consultant makes no warranties or guarantees of any kind, direct or indirect, express or
implied, in connection with its services under this Agreement, and expressly disclaims
any warranty or guarantee regarding the elimination of risks of undesired events at
Client's facility.
Client agrees that, to the fullest extent permitted by law, Consultant's total liability to
Client for any and all claims, damages, losses or expenses arising in any way out of the
professional services provided under this Agreement, regardless of the legal theory
under which such liability is imposed is limited to its fee.
IX.
CONSULTANT'S INSURANCE
Consultant shall procure and maintain the following minimum insurance:
1. Commercial general liability insurance, including personal illJury liability, blanket
contractual liability and broad-form property damage liability coverage. The combined
single limit for bodily injury and property damage shall be not less than $1,000,000.
2. Automobile bodily injury and property damage liability insurance covering owned, non-
owned, rented, and hired cars. The combined single limit for bodily injury and property
damage shall be not less than $1,000,000.
3. Statutory workers' compensation and employer's liability insurance as required by state law.
4. Professional liability insurance. The policy limit shall be not less than $1,000,000.
Upon request, Consultant shall submit to Client certificates of insurance for the policies listed above.
The certificates shall provide that the insurance company gives written notice to Client at least ten days
prior to cancellation of the policy.
x.
CONFIDENTIALITY
Consultant agrees it will maintain the confidentiality of material it receives from Client which Client has
clearly identified as "Confidential" and will not disclose, distribute, or publish to any third party such
confidential information without the prior permission of Client. As directed by Client, Consultant shall
return or destroy all documents provided by Client at the conclusion of Consultant's services.
Notwithstanding the foregoing, Consultant shall have no confidentiality obligation with respect to
information that:
1) becomes generally available to the public other than as a result of disclosure by Consultant
or its agents or employees;
2) was available to Consultant on a non-confidential basis prior to its disclosure by Client;
3) becomes available to Consultant from a third party who is not, to the knowledge of
Consultant, bound to retain such information in confidence.
In the event Consultant is compelled by subpoena, court order, or administrative order to disclose any
confidential information, Consultant shall promptly notify Client and shall cooperate with Client prior
to disclosure so that Client may take necessary actions to protect such confidential information from
disclosure.
Hillsborough Contract vI
Page 5 of8
.
.
.
377
XI.
SUBCONTRACTS
Consultant shall be entitled, to the extent determined appropriate by Consultant, to subcontract any
portion of the services to be performed under this Agreement.
XII.
SUSPENSION OF WORK
\'(/ork under this Agreement may be suspended as follows:
1. By Client. By written notice to Consultant, Client may suspend all or a portion of the
\'(/ork under this Agreement if unforeseen circumstances beyond Client's control make
normal progress of the Work impracticable. Consultant shall be compensated for its
reasonable expenses resulting from such suspension including mobilization and
demobilization. If suspension is greater than 30 days, then Consultant shall have the
right to terminate tlus Agreement in accordance with Article XIII, Termination of Work.
2. By Consultant. By written notice to Client, Consultant may suspend the \'(/ork if
Consultant reasonably determines that working conditions at the Site (outside
Consultant's control) are unsafe, or in violation of applicable laws, or the event Client
has not made timely payment in accordance with Article IV, Compensation, or for otl1er
circumstances not caused by Consultant that are interfering with the normal progress of
the Work. Consultant's suspension of Work hereunder shall be without prejudice to any
other remedy of Consultant at law or equity.
XIII.
TERMINATION OF WORK
A.
This Agreement may be terminated by Client as follows: (1) for its convenience on
30 days' notice to Consultant, or (2) for cause, if Consultant materially breaches this
Agreement through no fault of Client and Consultant neither cures such material
breach nor makes reasonable progress toward cure witllin 15 days after Client has
given written notice of the alleged breach to Consultant.
B.
Tlus Agreement may be terminated by Consultant as follows: (1) for cause, if Client
materially breaches tIlls Agreement through no fault of Consultant and Client neither
cures such material breach nor makes reasonable progress toward cure within 15
days after Consultant has given written notice of the alleged breach to Client, or (2)
upon five days' notice if work under this Agreement has been suspended by either
Client or Consultant for more tl1an 30 days in the aggregate.
c.
.
Payment upon Termination
In the event of termination, Consultant shall perform such additional work as is
reasonably necessary for the orderly closing of the Work. Consultant shall be
compensated for all work performed prior to the effective date of termination, plus
work required for the orderly closing of the Work, including: (1) authorized work
performed up to the termination date plus termination expenses, including all labor
and expenses, at Consultant's standard billing rates, directly attributable to
termination; (2) all efforts necessary to document the work completed or in
progress; and (3) any termination reports requested by Client.
I-Iillsborough Contract vi
Page 6 of 8
.
.
.
378
Except for termination of Consultant by Client for cause, Consultant shall also
receive a termination fee equal to 15 percent of the total compensation yet to be
earned under existing authorizations at the time of termination to account for
Consultant's rescheduling adjustments, reassignment of personnel, and related costs
incurred due to termination.
XIV.
ASSIGNMENT
This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement
may not be assigned by Client or Consultant without prior, written consent of the other.
A'V.
NO BENEFIT FOR THIRD PARTIES
The services to be performed by Consultant are intended solely for the benefit of Client, and no
benefit is conferred on, nor contractual relationship established with any person or entity not a party to
this Agreement. No such person or entity shall be entitled to rely on Consultant's services, opinions,
recommendations, plans, or specifications without the express written consent of Consultant. No right
to assert a claim against the Consultant, its officers, employees, agents, or consultants shall accrue to
the construction Contractor or to any subcontractor, supplier, manufacturer, lender, insurer, surety, or
any other third party as a result of this Agreement or the performance or nonperformance of tlle
Consultant's services hereunder.
A'VI.
FORCE MAJEURE
Consultant shall not be responsible for delays caused by circumstances beyond its reasonable control,
including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts
of God, (3) failure of Client to furnish timely information or to approve or disapprove Consultant's
instruments of service promptly, and (4) faulty performance or nonperformance by Client, Client's
independent consultants or Consultants, or governmental agencies. Consultant shall not be liable for
damages arising out of any such delay, nor shall the Consultant be deemed to be in breach of this
Agreement as a result thereof.
A'VII.
INTEGRATION
This Agreement represents the entire understanding of Client and Consultant as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect to
those matters covered herein. TIus Agreement may not be modified or altered except in writing signed
by both parties. Any purchase order issued by Client, whether or not signed by Consultant, and any
terms and conditions contained in such purchase order which are inconsistent with this Agreement
shall be of no force and effect.
A'VIII.
SEVERABILITY
If any part of this Agreement is found unenforceable under applicable laws, such part shall be
inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement
shall be in full force and effect.
XIX.
CHOICE OF LAW IJURISDICTION
Hillsborough Contract vI
Page 70f8
.
.
.
379
This Agreemcnt shall be administcred and intcrpreted under the laws of the state of California.
] urisdiction of litigation arising from the Agreement shall be in that state.
xx.
ATTORNEYS' FEES
In the event either party commences legal proceedings against the other, then the prevailing party shall,
in addition to any other recovery, be entitled to recover its reasonable attorneys' fees and all other costs
of such proceeding.
XXI.
NOTICES
All notices required under this Agreement shall be delivered by facsimile, personal delivery or mail and
shall be addressed to the following persons:
Consultant
John W. McLaugWin, P.E.
Project Manager
Brown and Caldwell
309 East Morehead Street, Suite 160
Charlotte, NC 28202
Fax: 704-358-7205
Client
Kenneth P. Keel, P.E.
Town Engineer
Town of Hillsborough
101 E. Orange Street
P.O. Box 429
Hillsborough, NC 27278
Fax: 919-644-2390
Notice shall be effective upon delivery to the above addresses. Either party may notify the other that a
new person has been designated by it to receive notices, or that the address or Fax number for the
delivery of such notices has been changed, provided that, until such time as the other party receives
such notice in the manner provided for herein, any notice addressed to the previously-designated
person and/or delivered to the previously-designated address or Fax number shall be effective.
XXI
AUTHORIZATION
The persons executing this Agreement on behalf of the parties hereto represent and warrant that the
parties have all legal authority and authorization necessary to enter into this Agreement, and that such
persons have been duly authorized to execute this Agreement on tlleir behalf.
IN WITNESS WHEREOF, tlle parties hereto have executed tlus Agreement as of tlle date first above
written.
BROWN A~D ~A~
Signature 0~
Printed Name D, f;;4~I(I'A/ s-lef'hm.so~
v.i?
TOWN OF Hll~LSBOROUGH
Signature
Printed Name
Title
Title
Hillsborough Contract v I
Page 8 of 8
.
.
.
CONFIDENTIAL
380
Town of Hillsborough, North Carolina
Water Supply - Treatment - Distribution System
Security Vulnerability Assessment
Exhibit A - Scope of Services
Objective:
The Town of Hillsborough Utilities water system currently serves a population of between 3,300 and
50,000 people. Pursuant to Public Law 107-188, known as the Bioterrorism Law, Hillsborough is
required to complete a vulnerability assessment r:v A) prior to June 30, 2004. Within six months
following submission of the V j\ to the Environmental Protection Agency (EP A), Hillsborough is also
required to certify completion of an emergency response plan (ERP) specific to intentional acts, as
identified in the VA. The following scope of work \vill provide a VA document that meets, or exceeds all
elements required in PL 107-188, or as currently deemed necessary by the EP A.
General:
Brown and Caldwell is pleased to present our scope of work for completing a Risk Assessment
Methodology for Water Utilities (RAM-\X/Tr\~ based VA. We will utilize knowledge of the full RAM-\'(ITM
and the slightly modified RA.M-\X/TM for Small and Medium Water Utilities. This scope represents the
most efficient method of completing the assessment utilizing the full expertise and report preparation
capabilities of Brown and Caldwell while maximizing the use of your staff and your understanding of the
process. Please note that while the scope of work limits the full development of the VA to the top three
most critical facilities and the top four high consequence critical assets, we will examine all facilities and
all critical assets (single points of failure) within this process. All facilities and all critical assets will be
ranked from top to bottom, in order of importance to your critical mission. Additionally, we anticipate
recommending numerous utility-wide u-nprovements, as part of the risk reduction process.
Task 1. Combined Kickoff, Criteria/Facility Ranking, Design Basis Threat Identification, Fault
Tree Analysis and Consequence of Loss Workshop
\'(Iho attends: Hillsborough core team including Senior Management
Hillsborough Subject Matter Experts (SME's), as needed
Brown and Caldwell team (PM, engineer as needed)
Meeting Length: Two - 8 hour days (completion of all tasks is presumed to be completed in two
days)
Action: The t\vo-day meeting will discuss the following:
a. Overall project approach and methodology
b. Hillsborough system/ operational information needs
c. Define core mission of utility
d. Discuss level of risk and impact on process
e. Define Criteria that impact mission
f. Meeting requirements and schedule
Brown and Caldwell \vill develop an agenda and other pre-meeting information
and send this to Hillsborough prior to the beginning of the two-day meeting.
Included in this information will be assistance in determining specifically who,
from Hillsborough, needs to be available for the meeting, and beyond. This
Hillsborough V ^ Scope-Draft-v)
Town of Hillsborough
Exhibit A
August 14, 2003
Page 1 of 5
.
.
.
Results:
Deliverable:
Task 2. Site Visits
Who attends:
Hill,borough VA Scopc-Draft-v3
CONFIDENTIAL
381
information will also aid in allowing the appropriate Hillsborough staff to better
understand the actual approach and methodology.
Hillsborough will describe the water supply, treatment and distribution system
layout and operations in an open team discussion so that Brown and Caldwell
fully understands the system. We will perform a pairwise comparison for criteria
importance. Next, we will visit Hillsborough facilities and rank facility
importance. The top 3 critical facilities will be identified and carried forward for
further vulnerability analysis.
Identify design basis threats in the l-lillsborough area based on information from
local law enforcement, FBI and Hillsborough operational experience. Based on
possible Design Basis Threat's (DBT's), develop the DBT's for Hillsborough
that will be used for the vulnerability assessment.
Hillsborough will identify the process and describe operations of each critical
facility. We will develop fault trees for each critical facility. These fault trees will
identify the critical assets to maintaining Hillsborough missions.
Brown and Caldwell will explain the consequence ranking procedure; Brown and
Caldwell and Hillsborough will identify specific consequences relevant to
Hillsborough and rank the critical assets relative to the consequences of loss.
Mission and criteria that affect the mission will be defined for basis of project
evaluations. Hillsborough will begin gathering necessary information and
forward to Brown and Caldwell. Any possible follow on meetings will be
scheduled with necessary attendees identified.
Facilities will be ranked according to relative importance to achieving the
mission. The top 3 critical facilities will be carried forward as the facilities
studied for the vulnerability assessment.
The DBT will be identified for use during the VA process.
We will develop process descriptions and fault trees for top 3 critical facilities.
The consequence ranking will be produced, listing the top 4 high consequence
critical assets to be used in risk equation, regardless of where each is located.
Meeting minutes will summarize proceedings and decisions. Mission statement
and criteria will be listed for Hillsborough management approval. Results will be
used in subsequent assessment and presented in final report. Brown and
Caldwell will work with the Hillsborough project manager to create and finalize
a project schedule.
Meeting minutes will summarize proceedings and decisions. Results will be used
for subsequent assessment and presented in final report.
Hillsborough core team
SME's, as needed
Brown and Caldwell assessment team
Town of Hillsborough
Exhibit A
August 14,2003
Page 2 of 5
Site V1Slts will take place over one day; Hillsborough staff assistance will be
required during course of visits.
We will visit each of the top 4 high consequence critical assets, up to 8 hours
total, to characterize existing security measures and observe facility operations.
We will provide "on the job" training, during the 8 hours, to the Hillsborough
team / staff on assessment methods. The focus of attention will be on the
facilities where the top 4 high consequence critical assets are located.
Field data of security measures for at least each top 4 high consequence critical
asset, presuming this can be accomplished in 8 hours.
Site visit notes will be summarized and submitted to Hillsborough for
verification and additional information requests. Results will be used for
subsequent assessment and presented in final report.
Task 3. SCADA System Review
SCADA / IT vulnerability ranking, description of SCADA protection systems.
Meeting minutes will summarize proceedings and decisions. Results will be used
for subsequent assessment and presented in final report.
Task 4. Draft Report Preparation and Presentation Meeting (Includes System Effectiveness and
Risk)
.
Meeting Length:
Action:
Results:
Deliverable:
Who attends:
Meeting Length:
Action:
.
Results:
Deliverable:
\\lho attends:
Meeting Length:
Action:
.
Hillsborough V ^ Scope-Oraft-vJ
CONFIDENTIAL
382
Hillsborough SCADA/IT staff
Brown and Caldwell SCADA/IT Technical Staff
8 hours
Identify eXlstlOg SCADA / IT system and security measures, rank system
component relative importance. This presumes that the Hillsborough SCADA /
IT staff provides advance completion of a checklist, to be provided by the
Brown and Caldwell team.
Hillsborough core team including Senior Management
Brown and Caldwell team (PM, engineer as needed)
No meeting, 5 weeks for Brown and. Caldwell team to complete system
effectiveness and determine current risk. Another six weeks for preparation of
the draft report with improvement recommendations.
After the Site Visits, the Brown and Caldwell team will discuss the results of the
Site Visits and the subsequent system effectiveness and existing risk
determination, via phone conversation. No meeting, or separate submittal is
included for this step. All results and parts of the report will be determined by
the Brown and Caldwell team with any relevant input gained from Hillsborough
through the phone conversation. After discussing the system effectiveness and
existing risk, our team will develop alternatives to improve physical and
operational procedures to reduce overall risk of each of the top 4 critical asset at
the respective facilities. We will provide study-level cost estimates for each
improvement, review existing emergency response plans and develop
recommendations for emergency response plan program. We will also develop
recommendations for enhancing emergency response plans. This scope
Town of Hillsborough
Exhibit A
August 14, 2003
Page 3 of 5
.
.
.
Results:
Deliverable:
CONFIDENTIAL
383
presumes a "once through" process where final recommendations are taken
from the draft, without the need to go through an iterative process.
The draft report will contain System Effectiveness which will provide a
summary for each of the top 4 high consequence critical assets, Specific
Vulnerabilities worksheets for each of the top 4 high consequence critical assets,
Adversary Sequence Diagrams with site schematics and photographs, and the
Adversary Strategies and Scenarios for an Outsider and an Insider threat at each
of the top 4 high consequence critical assets. The draft report will also contain
the summary of the Existing Level of Risk for each top 4 high consequence
critical assets and threat including a numerical risk value for each asset. The dra ft
report will also contain recommended improvements to reduce critical asset risk
to acceptable levels including physical protection and operational changes,
mitigation methods as appropriate and recommended modifications to the
emergency response plan. Finally, reconunended emergency response plan
changes will be presented in the form of Best Practices documents for the main
vulnerabilities.
Draft report, as a complete vulnerability assessment, containing results of all
efforts to date and presenting alternatives and review of the emergency response
planning program and presentation of recommendations. Results will be
presented in Task 6.
Task 5. Draft Report Briefing
\\fho attends: I-lillsborough core team including Senior Management
Brown and Caldwell team (PM, engineer as needed)
Meeting Length:
Action:
Results:
Deliverable:
Task 6. Final Report
Who attends:
Meeting Length:
Action:
Results:
Deliverable:
Hill,borough VA Scope.Draft.v3
One meeting, 4 hours maximum
Present Draft Report and discuss recommended security improvements.
Discuss physical security factors, operational changes, and mitigation factors and
possible impacts on reducing costs. Develop a task list as requested by
I-lillsborough to refine or modify alternatives to meet mission, operational, and
cost objectives.
Comments to draft recommendations with a task list for Brown and Caldwell to
modify recommendations.
Meeting minutes will summarize proceedings and decisions.
N/A
Task will be completed in approximately three weeks, no meeting.
Prepare the final report in general accordance with the Sandia RAM-WIN
requirements. Address comments to draft report and refine analysis as necessary
and relevant.
Final report.
Final report.
Town of I-lillsborough
Exhibit A
August 14, 2003
Page 4 of 5
.
.
.
CONFIDENTIAL
384
\Vho attends:
Task 7. Final Report Briefing
Meeting Length:
Action:
Results:
Deliverable:
I-lillsborough core team including Senior Management
Brown and Caldwell team (PM, engineer)
One meeting, 4 hours maximum
Present final report findings and recommendations.
Final report presented and discussed at one meeting. I-lard copy of report must
also be submitted to EP A secure site, by I-lillsborough.
4 copies of final assessment report plus electronic copy on CD.
Task 8 - Emergency Response Plan and Emergency Operating Plan (ERP IEOP) Kick off
Meeting
.\Vho attends:
Meeting Length:
Action:
Results:
Deliverable:
I-lillsborough Team (as identified by I-lillsborough)
BC team (pM, engineer as needed)
Up to eight (8) hours
Begin information gathering and identifying expectations and content. Define
ERP outline and expectations. Assign responsibility for document maintenance.
Finalize schedule. As part of this task, and in support of the Town's current
ERP efforts, Brown and Caldwell will provide an outline for the ERP and the
EOP's, templates for preparation, and on going support and guidance to the
I-lillsborough ERP designee. Included will be guidance on selection of specific
incident types and facilities, types of information that needs to be gathered, and
areas, not already considered, that need to be addressed.
Actual draft and final document preparation will be the responsibility of the
Town of I-lillsborough, with Brown and Caldwell providing up to 24 hours of
direct support (beyond this Kick Off meeting)
Complete outline, expectation, schedule, and plan for completion of the
ERP lEap's by the Town with direct Brown and Caldwell assistance.
Meeting notes, schedule, ERP outline, leading to a draft and final ERP lEap's.
The work described in this Scope of Services wiJl be completed for a Lump Sum fee of $45,000
I-lillsborough V A Scopc.Drart-v3
Town of I-lillsborough
Exhibit A
August 14, 2003
Page 5 of 5
....
....
.
.,",-~.'
385
AN ORDINANCE AMENDING THE ZONING MAP
. OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
The Zoning Map of the Town of Hillsborough is hereby amended to rezone
19,680 sf at the intersection of Faucette Mill Road and Cornelius Street from
Residential-l 0 to Oeneral Commercial (TM 4.8.D.ll& 11 a)
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 8th day of September, 2003.
Ayes: ~
Noes:p-
Absent or Ex-cuse~
.
.
.
386
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 3.4.1 of the Zoning Ordinance of the Town of Hillsborough is amended to permit
"Extended Care Facilities" in AR, R-40, R-20, R-15, and R-lO as Special Uses.
Section 2.
Section 4.48 of the Zoning Ordinance is amended to add subsection m as follows:
4.48.4.mExtended Care Facility
1) The following additional information shall be submitted as part of the application:
a. Detailed written description of the services offered to residents both on-site and through other
arrangements and which services are included in the base fee and which are available a la carte or as
needed.
b. Written description of the category of facility that is proposed under the appropriate state regulatory
authority and relevant license, certificate of need, or other approval needed from the appropriate
state agency.
c. Written description of staff levels and training expected in the positions.
d. Expected peak hour traffic to/from the site and anticipated number of residents with personal
vehicles.
2) The proposed structures appear residential in character.
3) The standards for building setbacks, landscaping, buffering, stormwater control, impervious surface
limits, signage, parking, lighting, refuse collection and recycling shall apply as if the site were zoned Office
Institutional.
No less than 10% of the gross parcel size shall be maintained as outdoor open space or park space. Areas dedicated to
required buffer:s, stonn drainage or detention are not considered open or park space.
Section 3.
The second two paragraphs of Section 4.38 of the Zoning Ordinance are amended to read
as follows. No changes are made to paragraph one.
If a Special Use Permit application is submitted simultaneously with a rezoning request to a Special Use District,
hearings on both matters are held conc~rrently. The Board of Commissioners must act on the rezoning request before it
acts on the permit request. If the rezoning request is denied, the permit request is moot.
Special Use Permit may be submitted independent of a rezoning to a Special Use district when the use is designated
Special Use in the Permitted Use table or in compliance with an approved Master Plan in a Special Use district.
Section 4.
All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 5.
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 8th day of September, 2003.
Ayes: -6
Noes: -U
Absent or Excused: tB-'
k/v/~
DODD . Armbrister, Town Clerk
:s:: - n 0 00 CO Cl "1:1 > CO "'C I~
tv t1l 0 ~ .., 0 "1:1 c: 0
t1l V\ c: V\ t1l ::!.. ~.
a .., =l >
a- ::r t1l co co r&
~ Cl .., :E t1l :> n 5'
:> ~ ~ .';t '" 0 0
t1l a- - ..3 t1l a- x -3 <(S. x 0-
. '" "'C :> 0 tv ::r 0 w "1:1
Z 0 ~ Z 0. ~. .., 0 ? tv ~ Z
:> S, '< "0
n n :> 0 3 Z <: >
;;0 :> :E z 00 '"Cl ~.
tv (JQ tv i<:> 00 n :s::
---l 0 ---l Pl n '"
~ n '< 0
vJ 0. ---l '- :> tv m
0 0 0 tv I ---l 5'
tv 3 tv .., ---l > tv 0
0. .j>. - r> 'Tl
'"Cl ~ tv ::t 0\
~ :> 0 ::r n
:> n c: 0
'< ..,
I 0 "1:1 3::
:>
'" ~ "1:1
- S. )>
5' :> ~
(JQ
r> n
?
ODD DODD DDDDEJDDDDEJ -
-< -co
t1l -< z_
'" t1l no
0 '" l"co
--
:c n Co
::r
m t1l 0~
n n
7' ^
n co , n co to n ro N n co N
0 Iv 0 0 2 g 2
~ c (fJ :> 2 (fJ :> (fJ (fJ
0. 3 c 0. 3 c g: 3 c 0. 3 =; C/J.
.., - .., .., 5'
o' :> Dr' o' :> Dr' o' :> Dr' o' Dr' ~
:> 0 n :> 0 n :> 0 n :> 0 n
C '" C '" ~. c '" c '" 0 ~
ciQ '" ~ '" '" ja'5 '"
Vl n Vl n Vl n Vl n m
< c 0 < c: 0 ~. c 0 < c: 0 (fJ
.., c: .., c: .., c: .., c: n
Dr' .., Dr' .., Dr' .., Dr' .., td
S- '" S- '" So '" S- '" ;;0
n '" () t1l () t1l () t1l ::0 ~
'" t1l :s:: '" t1l :s:: '" t1l :s:: '" t1l :s::
0 -3 0 -3 0 -3 0 -3 -3
:> .., x' :> .., x' :> .., x' :> .., x <3 >--i
t1l t1l t1l t1l t1l t1l t1l t1l
~ Pl ~ ~ Z ~
3' 3' 3' 3'
t1l '" t1l '"
:> :> a a
- - ~
0
DEJEJODDEJEJODDEJEJODDOEJOw
DD~D~D~~u~D~~~DDD~~ D m
c(fJ
>::l
_ _ _ _ z~
- 0 - - 0 - 0 - .j>. _ ::l>-j
'0 '0 W '0"0 00 .0 '0 "tv "V\ tv -3m
g g = g g ~ g g ~ 0 ~ ~ -<0
D(]D(JDD~(](]DD(](]~DDD(lu[!!J
~~fl tA -- co I
tA tA tA tA Vl tA tA tA Vl tA tA
00 0\ 0\ ---l 6 I
;j tv :.0 I~ 00 00 )>
w 00 1v tv <:> V\ tv w \D 0\ w 3::
't..> - V\ ---l 0- '0 v,"- \0 ---l '0 tv '"-...J '0 ':..J
---l vJ 0 .j>. UI 0 0 V\ .j:I,. 0 0 .j>. N 0
.j>. 0 0 .j>. <:> 0 0 0 <:> 0 0 0 ;-.J ---l 0 ~
~ 0 0 ~ 0 0 0 0 0 0 0 0 ..... 0
0\ 0 0 0\ <:> 0 0 0 <:> 0 0 0 <:> 0 0 -3
co
m
w tv tv - Cl
0 0 0 V\ Z
0. 0. 0. 0. :E
~ Pl ~
'< '< ~
'" '" '" '" 0
~.
~ ~ ~ ~ ~
::l: nm
Ql
C'l 0(fJ
::T ~::l
3
CD l"~
:J m>
- ::l~
~ '" '" '" '"
00
z
L8S
.
.
.
388
STATE OF NORTH CAROLINA
PA VING CONTRACT
TOWN OF HILLSBOROUGH
This Contract made this the 8th of September, 2003 by and between the TOWN OF
HILLSBOROUGH, North Carolina, a Municipal Corporation located in ORANGE County
(hereinafter Town); and Barrett, Irvin & Jordan Construction, Inc. of 805 Wendy Way, Durham,
NC 27712 (hereinafter Contractor).
WIT N E SSE T H:
I. SCOPE OF WORK. The Town hereby employs the Contractor to furnish all labor,
materials and equipment to perform all work in manner and form for the following
described project:
Pave:
Approximately 22 Feet Wide
Street Name Section of Street Feet
From To
Latimer St. Nash St. Hayes St. 900 x 22
S. Wake St. W. Margaret Ln. End 365 x 22
Btownville St. Lakeshore Dr. W. King 940 x 22
Cameron St. E. Corbin St. St. Mary's Rd. 2,655 x 22
Webb St. Nash St. Holt St. 670 x 22
Holt St. W. King St. Knight St. 427 x 22
GRAND TOTAL 5,957 Feet
The Town will direct the Contractor as to the exact location of the paving during a pre-
construction conference with the Public Works Director. The Contractor will be
responsible for removing all debris (e.g., soil, asphalt, andotl?er simila~' material)
associated with this project. This project will be performed for the lump sum not to
exceed $72,650.00.
2. TIME FOR COMPLETION. The Contractor shall commence the work to be
performed under this Contract within thirty (30) days of receipt of notice to proceed from
the Town Manager or the Public Works Director and shall complete all work hereunder
.
.
.
389
3.
within 60 calendar days of the date of beginning, provided that the weather conditions are
satisfactory for paving.
EXTRA WORK. In the event extra work is necessary, not set forth or contemplated
in this contract, the Contractor agrees to faithfully perform all such work under a written
change order from the Town setting forth and describing fully the work to be done. The
amount to be paid by Town to Contractor for such extra work shall be as specified in a
written change order.
PAYMENT. The Town hereby agrees to pay Contractor for the faithful performance
of this contract, subject to additions and deductions as provided for by approved change
orders. The Town will pay the Contractor in full once all the work has been performed
strictly in accordance with this contract and accepted by the Town, the total not to exceed
$72,650.00. The Town will make the payment to the Contractor on a net 3D-day basis
from receipt of invoice.
INSURANCE. The Contractor shall take out and maintain during the life of this
Contract the following insurance:
Statutory Workers Compensation insurance;. Comprehensi ve General Liabi I ity Insurance,
Including Independent Contractors Liability coverage and Contractual Liability insurance
Covering the Contractor's liability assumed under the paragraph Release and Indemnity;
Town as a condition of this Contract may require any other insurance as may be required.
GUARANTY. The Contractor hereby agrees to guarantee for a period of one year
after date of final payment, the work accomplished under this Contract. The Contractor
agrees to repair at no cost to the Town any defects due to faulty workmanship or
materials, which may appear in his work during this period.
RELEASE AND INDEMNITY. To the fullest extent permitted by law, the
Contractor shall release, indemnify, keep and save harmless the Town, its agents,
officials and employees, from any and all responsibility or liability for any all damage or
injury of any kind or nature whatever (including death resulting there from) to all
persons, whether agents, officials or employees of the Town or third persons, and to all
property proximately caused by, incident to, resulting from, arising out of, or OCCUlTing in
cOlmection with, directly or indirectly, the performance or nonperformance by Contractor
(or by any person acting for the Contractor of. for whom the Contractor is or is alleged to
4.
5.
6.
7.
.
.
.
390
8.
be in any way responsible), whether such claim may be based in whole or in part upon
contract, tort (including alleged active or passive negligence or participation in the
wrong), or upon any alleged breach of any duty or obligation on the part of the
Contractor, its agents, officials and employees or otherwise. The provisions of this
Section shall include any claims for equitable relief or for damages (compensatory or
punitive) against the Town, its agents, officials and employees including alleged injury to
the business of any claimant and shall include any and all losses, damages, injuries,
settlements, judgments, decrees, awards, fines, penalties, claims, costs and expenses.
Expenses as used herein shall include without limitation the costs incurred by the Town,
its agents, officials and employees, in connection with investigating any claim or
defending any action, and shall also include reasonable attorneys' by reason of the
assertion of any such claim against the Town, its agents, officials or employees. The
Contractor expressly understands and agrees that any performance bond or insurance
protection required by this agreement, or otherwise provided by the contractor, shall in no
way limit the Contractor's responsibility to release, indemnify, keep and save harmless
and defend the Town as herein provided. The intention of the parties is to apply and
construe broadly in favor of the Town the foregoing provisions subject to the limitations,
if any, set forth in N.C.G.S. 22B-l.
SUSPENSION OR TERMINATION OF AGREEMENT:
In the event that review of the Contractor's performance shows non-confonnance to the
terms and conditions contained herein as a result of the Contractor's errors, omissions or
negligent acts, the Contractor shall be in breach of this agreement and the Town may take
corrective action as it deems necessary, including, but not limited to, withholding or
reduction of payment. The Town shall also have the right to suspend this agreement
upon written notice to the Contractor. Such written notice shall state the reasons for
suspension and allow for a review period of ten (10) days during which the contractor
shall be provided with an opportunity to respond with an explanation or justification,
and/or shall undertake any reasonable remedial action required by the Town. If, in the
opinion of the Town, the Contractor remains in violation of this agreement at the
completion of the ten (10) day suspension period, the Town shall have the right to
terminate this agreement whereupon all obligations of the Town to the Contractor shall
.
.
.
391
cease. In the event this project is terminated prior to completion of the services by the-
Contractor, the Contractor shall be paid for services performed to the date of termination.
In no event will the amount due Contractor in the event of termination exceed that
amount set forth in paragraph 4 of this agreement. Nothing contained herein shall
prevent the Town from pursuing any other remedy, which it may have against Contractor
including claims for damages.
9. ASSIGNMENT OF AGREEMENT. It is mutually agreed by the parties hereto that
this agreement is not transferable by either party without the prior written consent of the
other party to this agreement.
10. OTHER LAWS AND REGULATIONS. Contractor will comply with any and all
applicable federal, state and local standards, regulations, laws, statutes and ordinances
regarding toxic, hazardous and solid waste and any other pollutants; public and . private
nuisances; health or safety; and zoning, subdivision or other land use controls.
Contractor will take all reasonable necessary, proper or required safety preventive and
remedial measures in accordance with any and all regulations and directives from the
North Carolina Department of Human Resources, the United States Environmental
Management, health departments, and to any federal, state or local agency having
jurisdiction, to ensure the prompt prevention or cessation (now or in the future) of
violations of either the applicable provisions of such standards, regulations, laws, statutes
and ordinances or any permits or conditions issued hereunder.
11. AMENDMENTS. This agreement shall not be modified or otherwise amended
except in writing signed by both the parties.
.
.
.
392
IN WITNESS WHEREOF, the Town has caused this agreement to be duly executed in its
name and behalf and the Contractor has caused this agreement to be duly executed in its name
and behalf.
TOWN OF HILLSBOROUGH
By:
Joe Phelps, Mayor
BARRETT, IRVIN & JORDAN CONSTRUCTION, INe.
By:
John W. Barrett
Title:
ATTEST:
By:
Donna F. Armbrister, Town Clerk
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Sherry Carter, Finance Director
JAH-8-1999
08:031=' FROM:John 8. Ton: JBarretl919-477-7197
~h' l}S" '700:
1 '3 "J
'~1';'1.'1;;..8~
TO: 6442::'38
SZ;[~IJII''''''( U.}.lT "~_.r;.tt:.
P:2<3
r-.'.,;.,L
.
19'')
v J
(';-.)l'I'I;,I~te S. l\iWl'.1 ~ r.r:, '.1flCTl'lf . G(~I)lrtF.I":'" . Re".%r.~lil
"<1t~mly.l Q 2'(/(')3
l,'r. [leme\I,'C l'ot1~
1 "'."0 (\fHm~~T')u~l,
It\': Barntr. frvla. !Iud Jtmtau+ lLl~.
i\>!l\.1' \lr P01'5:
1 wlluM lik~ Ie, write (10 hclIII Ij'Of ,f,)\.tI ~RJ:r~:l, (iarlJIY In'm, and (llr:r:""I11 J~'f~J;iII, i"lwnc:', "j"!h;
"O')\'e-fcfettnc.\ld (;ljf,~!)"'fI.)'.
.
fll1lJ'er!, In'i.,., and hii'.jw"l;l\.: l~ n ~uhl"ntra'-',<.r on 1\\:iIlY (If (JUt pl'\lj.:\:\s. ",}n.;h i,u.;lui.lt:
rl~il\enti;\! ~treef.5, ;;.mtn!~Jc.ll'l rliIKing 1..1k.iilli ';'-Icr..<JT WI.I\j ~).d~'J\j\):? mJ rt..">urfacillp-. h nlll
deaiin~s with Bllrre~t\ In;:l. f:1J1i lord...1l, It:c. 11:..-.y have pro""'1i ti.~ Ix. kl1,-,\\'ltd~"'Ahlr. anJ l'u!J8hie (If
pl~j,'rnl!lI!! qt.3hty llSpt1.t\h r)'l"'\~ d f'-l:v;r.uoble rri,~ in ~&:IhlO"", the) hnw' Otk'!., r~~n:...i,,~ t~.
..~~~5~ive ~c~dl1bs a\1d Jill.dltn/i., wh..:b. k;l~ hIt~d IlS 10 l1le~ lr.i> d'::TIanJ;,ll~ 'I~eds 0r(1I11
~tl~Tt)m~: ~.
r b>:i' I: \"',~ wlll1 ,111 ;of ll.li; ..,wOt".!!; '}f &rrl:ll,~! 1rvl1l, arrC! 1L:nJlI.TL "in.. k1 >1;\.'.1 i11 }'(:.'!I. l!'~'W. J!1d 1
ldit,t: lr'lelU to P():'~~~~ il 'r~~h :<:\'.:1 elf ~;.mt'eto'I\.:"y MIli iUi~e;rjty in'Jll;r 11~1.i I ....(ot!)d ~;'(T!I")'TI~)
l~ ,U Q qllllHi~11 O,~""ln~ oonmt;;tor.
r' .
.,I~CI~, '
1 "'}7, ~
'y-vj~F '-- ~-
r r~ l:iff<l
:ilteWQfX C..mtr9.clillg. LLl
.
:Ji::(;l;i vl.JeS!l Ro~d. 5ulta 2~2 . Dwhal"l, ~Ji)rll1 (";.1ro'llltl 27705 · Offiut: 0 ~ (+ ~7! -1 d71 .. h.1.X.:Jl ~.471 .2686
.
.
.
JAN-8-1999 08:03F FROM:John & Tc,n, jSarret.t 919-477-7197
TO: 6442390
H i k t. ,. C (l \" , ~H C ! Ii f" ( I.) 1\ 1(1 \ \ \
'. ,"1" ,,', . ",:
Mil) 2. ]On~
~~lml1 Llrolmil L!\':('llsin1i B(lilrd lor ric-l1L-/'a I ( nil! 1111 tors
RJ".: I dl~rorrelert'm:e, .Iph!~ W Ibrn'tl, Harrt'lt.lrvlll & J<)rd.1o ('(l1'\"'nJ(-{ion. Ilk'
1'0 Wh',\n1 If May Cont:t:rn'
P !t.:a~' a":l::.:pl this !t;;lln a~, Tt1L:r~n<.:c for .IC1l111 W [l"rl.t'll
\11' Hal/l:n ha$ \V(ll kc-d ~ U o)ukllfltrLlUor lilT my company on variom proie.:!';
1 hI (II J!:d\lIllt thl' pct:;1 "'l",tl. Ills W(lr~ O:Ind l,;ondlJe[ rrovc" to ~.:- vW)' C0mpctcnt and
pmfe.""jona' Thl:s(' proj('cl" in(:ll1d~ ~lilth CtroliJl<.l N..tlion.\J (/llaru Rdllg( I k.1JYU:.1rlt'r';
in Klltncr $Inri C8/ WI I I viii/; (,"lIll'r in Durham.
I r I miiy he nffmthct ",en IC',,'" plU.I:,C l'unlall me ,~t (91 QJ hx2.() 77"\
Rcs{X'ctlull) .
1 ,~
U'
., I
"., .!::J h) )I.."
h.lll"l' Conslructlon Compan;.
P:3<3
394
.
..
.
395
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1." Section<~ti7 of the Zoning Ordinance of the Town of Hills borough is amended by
adding subsection "d," as follows:
d) Temporary signs, either exempt or non-conforming, located within the public right-of-way may be
removed by town staff if they are determined to be in violation of this section. Signs owners will be contacted in
writing or by telephone if they can be identified within 10 days of sign removal. Signs will be stored for 30 days
from removal for retrieval by the owners.
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 8th day of September, 2003.
Ayes: r
Noes: tIr"
Absent or Excused: D
kt/~~
Donna F. Armbrister, Town Clerk
.
.
.
.----.
396
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.24.b of the Zoning Ordinance of the Town of Hillsborough is amended
to read as follows:
b) All 01, CC, GC. and HIC with frontage along streets classified as sub-collector or greater
shall provide paved sidewalks 5 feet in width along the parcel's street frontage.
Section 5.24.e of the Zoning Ordinance of the Town of Hillsborough is amended
to read as follows:
e) All walkways shall be adequately maintained and kept in a neat manner.
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 8th day of September, 2003.
Ayes: .5
. Noes: Q
Absent or Excused: b
-.
.
-.
397
AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS
- OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HlLLSBOROUGH ORDAINS:
Section 1. The definition of common open space in Section 2 of the Subdivision Regulations
of the Town of Hills borough is amended to read as follows:
Section 2.
Section 3.
Section 4.
Section 5.
. "
That area within a development that is not covered with a structure or impervious surfaces, which
has been set aside for resource protection, amenity, and/or buffers (including water quality buffers
on streams and required land use buffers), and that may be held by the developer, property
owners' association, unit of government, or non-profit entity. Buffers and building setbacks that
are privately held on individual lots are not included in the open space calculation. Stonnwater
control devices, including swales and ponds, recreation areas, reserved right-of-way, and
easements for above ground activities or utilities are not considered open space. Common open
space shall be designated as such on the preliminary and final plans.
Section 4.63.a of the Subdivision Regulations of the Town of Hillsborough is
amended to read as follows:
Every person, firm or corporation who subdivides land for residential and/or non-residential
purposes shall be required to dedicate a portion of such land for the purpose of open space
preservation to preserve significant natural features and cultural resources. The dedication of open
space areas shall not be required for a minor subdivision; provided, however, the provisions of
Section 4.6..2.f (payments in lieu of dedication) shall apply at the time of approval of a major
subdivision to all lots previously created through the minor subdivision process following the
effective date of these provisions.
Section 4.6.3.b of the Subdivision Regulations of the Town of Hillsborough is
amended to read as follows:
The subdivider shall provide land for common open space within standard subdivisions and multi-
family developments equal to 10% of the gross parcel (development tract) size. Within cluster
subdivisions, open space shall be the 30% of the gross parcel (development tracttsize or the 10%
for standard subdivisions plus the sum of all reductions in minimum lot area as a result of the
cluster form of development, whichever is greater.
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 8th day of September, 2003.
Ayes: 6
Noes: .e-
Absent or Excused: ()--
~)/L4;~
onna F. Armbrister, Town Clerk
..
...
.
',--~--
398
AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS
. OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 2.
Section 3.
Section ~.4.3.f of the Subdivision Regulations of the Town of Hillsborough is
amended to read as follows:
Sidewalks shall be five feet in width and constructed of 5 inches of concrete. Expansion joints
shall be installed every thirty feet, with score marks every ten feet.
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 8th day of September, 2003.
Ayes: ~ -
Noes: ..()-
Absent or Excused: .GJ-"
~!nk~
D ~a F. Armbnster, Town Clerk