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HomeMy Public PortalAbout10-13-2003 Regular Session . . . 425 Town of Hllii' MINUTES HILLSBOROUGH TOWN BOARD October 13, 2003 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on October 13, 2003 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Mike Gering, Frances Dancy, Kenneth Chavious, Evelyn Lloyd, and Mark Sheridan. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Finance Director Sherry Carter, Interim Assistant Finance Director Greg Siler, Police Chief Nathaniel Eubanks, Assistant Town Manager/Public Works Director Demetric Potts, Town Attorney Bob Hornik, Management Intern Kent Wyatt and Fire MarshaVCode Enforcement Officer Todd Chavious. Mayor Joe Phelps called the meeting to order at approximately 7:30 PM. 1. PUBLIC CHARGE Mayor Phelps did not read the Public Charge, but did indicate that it would be followed. 2. INTERVIEW VOLUNTEER CANDIDATES TO SERVE OF THE WATER/SEWER ADVISORY COMMITTEE The Board interviewed volunteer candidates Dan Barker and James Watts to serve on the Water/Sewer Advisory Committee. Volunteer candidate Jimmy Gooch was not present to be interviewed. 3. APPOINTMENTS A. Consider appointing Dan Barker to a full term on Water/Sewer Advisory Committee with a term to expire October 2007 Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Town Board moved to appoint Dan Barker to a full term on Water/Sewer Advisory Committee with a term to expire October 2007 by a vote of 5-0. The motion was declared passed. B. Consider appointing James Watts to a full term on Water/Sewer Advisory Committee with a term to expire October 2007 Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to appoint James Watts to a full term on Water/Sewer Advisory Committee with a term to expire October 2007 by a vote of 5-0. The motion was declared passed. C. Consider appointing Jimmy Gooch to a full term on Water/Sewer Advisory Committee with a term to expire October 2007 426 . Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to appoint Jimmy Gooch to a full term on Water/Sewer Advisory Committee with a term to expire October 2007 by a vote of 5-0. The motion was declared passed. D. Consider re-appointing Chris Cole to serve a second full term on Water/Sewer Advisory Committee with a term to expire October 2007 Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to re-appoint Chris Cole to serve a second full term on the Water/Sewer Advisory Committee with a term to expire October 2007 by a vote of 5-0. The motion was declared passed. E. Consider re-appointing Dorothy Johnson to serve a second full term on Water/Sewer Advisory Committee with a term to expire October 2007 Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved to re-appoint Dorothy Johnson to serve a second full term on the Water/Sewer Advisory Committee with a term to expire October 2007 by a vote of 5-0. The motion was declared passed. F. Consider re-appointing Jim Singleton to serve a second full term on Water/Sewer Advisory Committee with a term to expire October 2007 Commissioner Gering expressed his concern with the re-appointment of this volunteer due to his lack of attendance at meetings over the past year. . Commissioner Sheridan suggested the Board not make a decision on this re-appointment until the Board has a chance to discuss the attendance issue with the volunteer. By consensus, the Board agreed to defer decision on this Item until November and directed staff to invite Jim Singleton to attend the meeting for the purpose of being interviewed by the Town Board. 4. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA (speakers will have a 5 minute limit) There were no audience comments. 5. AGENDA CHANGES & AGENDA APPROVAL Mayor Phelps suggested that the Items on the Regular Agenda be heard in the following order: Items 10.0, 1O.R, 1O.N, 1O.C, 1O.D, 1O.E, 1O.F, 1O.G, 1O.H, 10.1, 1O.J, 1O.A, 1O.B, IO.K, IO.L, 10.M, 10.Q, & 10.S. The Board agreed. 6. APPROVAL OF THE MINUTES OF SEPTEMBER 8, 2003, REGULAR MEETING, THE SEPTEMBER 8,2003 CLOSED SESSION AND THE SEPTEMBER 22,2003 MONTHLY WORKSESSION . Commissioner Dancy noted in the Minutes of the September 22nd Workshop in Item 3 the word 2 . . . 427 "we" needs to be changed to "were". Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Minutes of the September 8, 2003 Regular Meeting, the September 8, 2003 Closed Session, and the September 22, 2003 Monthly W orksession with the aforementioned change by a vote of 5-0. The motion was declared passed. 7. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reported that the Powel Bill fund is about $21,000 below budget. Manager Peterson informed the Board that some residents in Beckett's Ridge have been having problems with the lighting in the Wal-Mart Parking Lot. He explained that they are waiting until the leaves fall off the trees and the problem can be assessed before making any decisions regarding addressing this issue. Peterson reported that at the last Assembly of Governments Meeting there was a request to have a Board Member appointed to their Steering Committee. He stated he thought the Board could wait until after the election before making this appointment. He informed the Board that tbe EP A STAG Grant is still pending and stated that he will notify Board when he has more information. 8, REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented a status report on the current water/sewer projects. 9. CONSENT AGENDA A. Consider Approval of Miscellaneous Budget Amendments B. Consider Endorsing Mission and Organizational Goals of the Orange Community Housing and Land Trust C. Consider Approval of Time Warner Tolling and Accounting Order D. Consider Approval of Domestic Violence Awareness and National Unity Day 2003 Proclamation E. Consider Approval of2004 Town Board Meeting Schedule F. Consider Authorization of staff to turn over to Town Attorney for collection 15 businesses not having renewed their Privilege License G. Consideration of Municipal Agreement for the Re-Inspection of Bridges on the Municipal Street System H. Consider Authorizing Mayor to sign statement indicating Town's interest in participating in the FY2004 Scattered Site Housing Program Finance Director Sherry Carter stated that Item 9.F needed to be amended to read "12 businesses". She reported that three of the businesses who were out of compliance have now obtained their Privilege Licenses. 3 . . .' 428 Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to approve Items 9.A-H of the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. A copy of the Budget Amendments, the Resolution on Orange Community Housing & Land Trust, the Domestic Violence Awareness and National Unity Day 2003 Proclamation, the 2004 Town Board Meeting Schedule, the Municipal Agreement for the Re-Inspection of Bridges on the Municipal Street System, and the signed statement indicating the Town's interest in participating in the FY2004 Scattered Site Housing Program are hereby made a part of these official Minutes as Attachments. 10. ITEMS FOR DECISION - REGULAR AGENDA Item 10.0 Receive request from Cornwallis Hills Property Owners Association to pursue traffic calming options in the subdivision (Heard out of order) Planning Director Margaret Hauth introduced Brian Mcjunkin, Co-chair of the Lafayette Task Force for the Cornwallis Hills Property Owners Association, who asked the Board to consider the placement of2 three-way stop signs on Lafayette Drive for the purpose of slowing vehicular traffic; increasing pedestrian and bike rider safety, and to inhibit through traffic between Oakdale Road and Old 86 Hwy. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to adopt an Ordinance amending Chapter 6, Section 6A-6 of the Town Code to add a 3-way stop sign at the Intersection of Lafayette Drive and north bound Bonaparte Drive, and a 3-way stop sign at the intersection of Lafayette Drive and north bound Brick Hearth Drive by a vote of 5-0. The motion was declared passed. A copy of the Ordinance amending Chapter 6 of the Town Code is hereby made a part of these official Minutes as an Attachment. Item 10.R Consideration of Street Resurfacing Bids and Street Resurfacing/Paving Contract for Fiscal Year 2004 (Heard out of order) Demetric Potts presented the bids and Contract for the Board's consideration. Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to award the bid to Central Paving and authorized the Mayor to execute the Street ResurfacingfPaving Contract for Fiscal Year 2004 by a vote of 5-0. A copy of the contract is hereby made a part of these official Minutes as an Attachment. Item 10.N Receive update on the planning process for the former Southern States building from Weaver Street (Heard out of order) Mr. Ruffin Slater addressed the Board and invited them to assist with the design of the site by attending a design workshop on Saturday, October 18th at the First Baptist Church beginning at 9:00 AM. Items 10.C , 10.D, 10.E, & 10.F (Heard out of order) Planning Director Margaret Hauth presented the Items for the Board's consideration. Town Attorney Bob Hornik suggested that the Board review all Items before taking any votes. 4 . . . 429 Jack Chestnut addressed the Board on behalf of the Orange County Retirement Advisory Board and thanked them for considering these retirement plans. He expressed the OC Advisory Board's concerns with it being managed by a "homeowners association". Mr. Ellis Coleman(applicant) addressed the Board and explained that the developers, acting trough their Board and Advisory Committee, would actually run the facility until it is 80% full and at that time it would become a situation where the residents would be able to vote on the management issues. Commissioner Gering expressed his concerns with the proposed management and facility operations plans. He stated he is not in favor of this project. Commissioner Dancy stated that she is in support of this project. Commissioner Sheridan stated that he has never felt that either of the proposed projects would be able to provide a HUD 202. He stated that management aspect may need to be fme tuned, but as a whole he is in favor of this project. He stated that the Assisted Living portion is very . . ImpreSSIve. Commissioner Lloyd stated that she agrees with Commissioner Gering. She is concerned with the management issues and feels that she cannot vote for this project. Chavious stated that he agrees with some of the aspects that each of the other Board members comments. He stated that he is in favor of the project. Item 10.C Consider Approval of Corbin ton Commons Water/Sewer Extension Contract Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to approve the Corbinton Commons Water/Sewer Extension Contract by a vote of 3-2 with Commissioners Dancy, Chavious, and Sheridan voting Aye; and Commissioners Lloyd and Gering voting Nay. Item 10.D Receive staff-prepared fiscal impact report for Corbinton Commons and determine next steps The Board received the fiscal impact report. Item lO.E Consideration of Ordinance to rezone 40.13 acres from R-20 to Mixed Residential Special Use to allow Corbinton Commons Commissioner Dancy made a motion, which was seconded by Commissioner Sheridan to approve the rezoning. The motion failed for a lack of supermajority with a vote of 3-2. With Commissioners Dancy, Chavious, and Sheridan voting Aye, and Commissioners Lloyd, and Gering voting Nay. 5 . . . 430 Item 10.F Consideration of Special Use Permit for Corbinton Commons Commissioner Dancy made a motion, which was seconded by Commissioner Sheridan, to approve the Special Use Permit. The motion failed for a lack of supermajority with a vote of 3- 2. With Commissioners Dancy Chavious, and Sheridan voting Aye, and Commissioners Lloyd, and Gering voting Nay. Upon a motion by Commissioner Gering, seconded by Commissioner Chavious, the Board moved to reconsider the Special Use Permit by a vote of 5-0. The motion was declared passed. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to deny the Special Use Permit by a vote of 4-1 with Commissioners Gering, Lloyd, Chavious, and Dancy voting Aye; and Commissioner Sheridan voting Nay. The motion was declared passed. Items 10.G, 10.H, 10.1, and 10.J (Heard out of order) Planning Director Margaret Hauth presented the Items for the Board's consideration. Town Attorney Bob Hornik again suggested that the Board review all Items before taking any votes. Jack Chestnut pointed out the differences between what this project is proposing and a true assisted living facility. Mr. Dennis Evans (applicant) addressed the Board stating that this project would provide the same care that an assisted living facility would. Commissioner Sheridan stated that he feels that the superior project was just dismissed. He feels that both projects have their hearts in the right place. Commissioner Lloyd stated that she feels that both projects are unaffordable for residents. She feels that she cannot support this project. Commissioner Dancy stated she cannot support this project. Commissioner Chavious agreed with Commissioner Sheridan and also stated that he is not in favor of this project. Commissioner Gering stated that he also agrees with Sheridan that the developers have their hearts in the right place, but he stated that he also cannot support this project. Item 10.G Consider Approval of Village at Meadowview Water/Sewer Extension Contract Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board moved to deny approval of the Village at Meadowview Water/Sewer Extension Contract by a vote of 5-0. The motion was declared passed. 6 . . . 431 Item 10.H Receive staff-prepared fiscal impact report for Village at Meadowview and determine next steps The Board received the fiscal impact report. Item 10.1 Consideration of Ordinance to rezone 34.99 acres from AR and R-20 to Mixed Residential Special Use to allow Village at Meadowview Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to deny approval of an Ordinance to rezone 34.99 acres from AR and R-20 to Mixed Residential Special Use to allow Village at Meadowview by a vote of 5-0. The motion was declared passed. Item 10.J. Consideration of Special Use Permit for Village at Meadowview Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to deny the Special Use Permit for Village at Meadowview by a vote of 5-0. The motion was declared passed. Mayor Joe Phelps called for a short recess. Mayor Joe Phelps reconvened the meeting. A. Consider Approval of Kenion Grove Water/Sewer Extension Contract Planning Director Margaret Hauth presented this Item for the Board's consideration. Bryant Warren addressed the Board expressing concerns of citizens in the area regarding the access on Revere Road and the R-20 zoning. Paul Newton addressed the Board and explained that the proposed $200,000 homes are being placed on extremely small lots with narrow streets. Applicant Vie Knight, Tony Whittaker, and Attorney Lee Ann Brown addressed the Board. Lee Ann Brown explained that 6 lots have been removed and the open space has been increased, as has also the buffer between the lots on Hwy 70. The secondary access has also been addressed with an access from Hwy 70. She suggested that the recreation issue be addressed by a "payment in lieu". Planning Director Hauth stated that the Parks and Recreation Board suggested that the recreation issue be addressed with the development of a park instead of a "payment in lieu". Resident Edna Ellis addressed the Board and 'expressed her concerns with the development and with the status and condition of Cedar Grove Road. Chris Kimball resident of 401 Revere Road stated that he has a hard time believing that the additional traffic will not be a problem even though the road meets DOT standards. He believes 7 432 that there will be safety issues and lighting issues from vehicle lights. . Barbara Burger, resident on Revere Road, addressed the Board expressing her concerns with the dense cluster development. Sheridan suggested that the Board schedule a worksession to discuss Kenion Grove and get additional input from the developers and the residents. After some discussion, the Board decided to address this issue on Oct 28th at a worksession at approximately 8:00 pm immediately following the Quarterly Public Hearing. B. Consideration of Preliminary Subdivision plan for Kenion Grove, 56 lots behind the Orange County Planning Office using the cluster provisions with access to Revere Road and Cornelius Street (US 70 Bypass) This Item was tabled and scheduled to be heard at a worksession after the October 28th Joint Public Hearing. C. Consider Approval of Corbin ton Commons Water/Sewer Extension Contract This Item was heard out of order, earlier in the meeting. D. Receive staff-prepared fiscal impact report for Corbinton Commons and determine next steps . This Item was heard out of order, earlier in the meeting. E. Consideration of Ordinance to rezone 40.13 acres from R-20 to Mixed Residential Special Use to allow Corbinton Commons This Item was heard out of order, earlier in the meeting F. Consideration of Special Use Permit for Corbinton Commons This Item was heard out of order, earlier in the meeting. G. Consider Approval of Village at Meadowview Water/Sewer Extension Contract This Item was heard out of order, earlier in the meeting. H. Receive staff-prepared fiscal impact report for Village at Meadowview and determine next steps This Item was heard out of order, earlier in the meeting. 1. Consideration of Ordinance to rezone 34.99 acres from AR and R-20 to Mixed . Residential Special Use to allow Village at Meadowview 8 433 This Item was heard out of order, earlier in the meeting. . J. Consideration of Special Use Permit for Village at Meadowview This Item was heard out of order, earlier in the meeting. K. Receive letter of interest for vol~tary annexation from Jeff Peloquin for 17 acres east of the US 70A/Elizabeth Brady Road intersection Jeff Peloquin addressed the Board to request consideration for annexation. Board directed staff to prepare the annexation feasibility study and present findings at the December meeting. L. Consideration of False Alarm Policy/Code, Public Notice, and Update This Item was tabled to a date to be determined later. M. MontWy Code Enforcement Update and Status of the cases that have been sent to Magistrates Court This Item was tabled to a date to be determined later. . N. Receive update on the planning process for the former Southern States building from Weaver Street This Item was heard out of order, earlier in the meeting. O. Receive request from Cornwallis Hills Property Owners Association to pursue traffic calming options in the subdivision This Item was heard out of order, e(p"lier in the meeting. P. Receive request from property owner to give the town a lot on Terrell Road for use as a neighborhood park This Item was tabled until the November regular meeting. Q. Consideration of Local Priority List for transportation improvements for submittal to the DCHC, MPO and NCDOT This Item was presented by Planning Director Margaret Hauth. Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to approve the Local Priority List for transportation improvements for submittal to the . DCHC, MPO and NCDOT as presented by a vote of 5-0. The motion was declared passed. 9 . . . 434 R. Consideration of Street Resurfacing Bids and Street Resurfacing/Paving Contract for Fiscal Year 2004 This Item was heard out of order, earlier in the meeting. S. Management Intern Kent Wyatt will provide a brief overview of the Town's Emergency Response Plan. The Board may wish to provide suggestions and recommend c~anges and/or consider approval of this document in the form of a Motion This Itemwas tabled to a date to be determined later. 11. CLOSED SESSION Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to go into Closed Session do Discuss Potential Property Acquisition and to Discuss a Personnel Matter (Town Manager's Annual Performance Evaluation) by a vote of 5-0. The motion was declared passed. Upon returning to Open Session the following decisions were made: A. Closed Session to Discuss Potential Property Acquisition By consensus, the Board decided not to make an offer to purchase on the property located behind the Town Hall Annex. B. Closed Session to Discuss a Personnel Matter (Town Manager's Annual Performance Evaluation) Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to award the Town Manager a Merit Salary Increase in the amount of 2.5% by a vote of 5-0. The motion was declared passed. 12. ADJOURN Upon a motion by Commissioner Gering, seconded by Commissioner Chavious, the Board moved to adjourn at approximately 11 :50 PM by a vote of 5-0. The ,motion was declared passed. tk~~ Respectfully submitted, Donna F, Armbrister, CMC Town Clerk 10 Town of ~ill~ 435 BUDGET AMENDMENTS OCTOBER, 2003 GENERAL FUND 1. Revenues 10-3990-000 Fund Balance Appropriated 10-3350-100 Misc,-Confiscation %AGE 10-3350-100 Misc,-Confiscation %AGE BEFORE ADJ. AFTER $188,900 $3,024 3,221 1,000 $7,245 $191,924 $3,221 $4,221 $199,366 3,221 $192,121 Expenditure 10-5100-571 Police-Misc.lDrug Buy Money $ $7,245 $7,245 To fund receipt of substance abuse taxes and restitution payments, donation from Wal-Mart and bring forth 2002- 2003 confiscation balance, 2. Expenditure 10-4400-740 Capital $ 6,400 $ 3,250 $9,650 10-9990-000 Contingency 100,000 (3,250) 96,750 $ 106,400 $ $106,400 ..0 purchase new lap top computer for the Interim Assist. Finance Director. 3. Revenue 10-3480-800 Adpot-A- Trail Grant $ $ 5,000 $5,000 Expenditure 10-4900-573 Misc.lAdpot-A- Trail $ $ 5,000 $5,000 To fund receipt of the Adopt-A- Trail Grant by the NC Dept. of Environment and Natural Resources, 4. Expenditure 10-4900-452 Contract Service/Gold Park Survey $ 10-9990-000 Contingency $ 96,750 96,750 $ 3,300 (3,300) $3,300 93,450 $96,750 $ To fund contract with Alois Callemyn to survey Gold Park for the Riverwalk design, 5. Expenditure 10-6900-940 Conference of Neighborhoods USA $ 10-9990-000 Contingency $ 250 (250) $250 93,200 93,450 $ 93,450 93,450 $ $ eo fund a $250 contribution to the 30th Annual Conference of Neighborhoods USA. 137 North Churton Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919- 782-2104 · F'n:r. 919-7.~2-1 02R 436 GENERAL FUND BEFORE ADJ AFTER . Revenues $ 3,300 $ (3,,300) $ 10-3480-700 LLEBG 10-3999-000 Fund Balance Appropriation 191,924 3,300 $ 195,224 $ 195,224 $ $ 195,224 Expenditures 10-5120-572 LLEBG $ 1,800 $ (1,800) $ 10-5130-572 LLEBG 5,900 (4,449) 1,451 10-9990-000 Contingency 93,200 6,249 99,449 $ 100,900 $ $ 100,900 To correct LLEBG received in June 2003 actual revenues and expenditues, Unexpended proceeds have been placed in deferred revenues. 7. Revenues 10-3990-000 Fund Balance Appropriation $ 195,224 $ 121,868 $ 317,092 Expenditures 10-4400-330 Finance Dept. Supplies $ 4,000 $ 1,196 $ 5,196 10-4900-450 Planning cont. serv./strategic growth 15,000 9,911 24,911 10-4900-750 Planning HOME Funds grant match 8,300 5,536 13,836 10-5000-150 Ruffin-Roulhac building, maint/repair 15,000 3,400 18,400 . 10-5000-730 Ruffin-Roulhac-Capital Improvements 6,105 6,105 10-5100-450 Police-Cont Serv/Records Software 31,000 39,000 70,000 10-5100-457 Police-Contract Serv/OC Fiber Optic 4,100 4,100 10-5100-570 Police-Miscellaneous 1,000 374 1,374 10-5110-330 Police Patrol-Dept Supplies 21 ,000 1,789 22,789 10-5120-330 Police Inv.-Dept. Supplies 13,000 1,650 14,650 10-5130-150 Police COPS-Bldg Maintenance 6,000 582 6,582 10-5130-330 Police COPS-Dept. Supplies 5,000 3,945 8,945 10-5600-454 Street-Cont ServlStormwater eval. 12,560 12,560 10-6400-771 Cemetery-Margaret Ln 500 500 1,000 10-6900-150 Special Approp,-Museum Maint. 5,000 1,284 6,284 10-6900-900 Special Approp,-O,C./Riverwalk 23,777 23,777 10-6900-910 Special Approp.-Town Clock 6,159 6,159 $ 124,800 $ 121,868 $ 246,668 WATER FUND Revenues 30-3990-000 Fund Balance Appropriation $ 189,675 $ 209,885 $ 399,560 Expenditures 30-7220-451 Engineering-Cont. Serv/GIS Data $ 30,000 $ 19,400 $ 49,400 30-7220-453 Engineering-Cont. Servllntern 7,300 6,000 13,300 30-8120-151 Water Plant-Reservoir Maint/Monitor 26,000 10,343 36,343 30-8120-320 Water Plant-Chemicals 75,000 4,900 ' 79,900 . 30-8120-340 Water Plant-Outside Lab Serv, 14,500 390 14,890 30-8120-572 Water Plant-Consumer Confid. Repor 3,600 1,200 4,800 30-8140-730 Water Dist.-Capitallmprovements 64,500 10,000 74,500 30-8140-740 Water Dist.-Equipment 27,800 4,000 31,800 ATER FUND Expenditures 30-8200-452 WWColI-Cont ServNacuum Tk Serv 30-8200-453 WWColI-Cont ServlSewer Eval Study 30-8200-730 WWColI-Capitallmprovements 30-8220-150 WWTP-Plant and Equip, Repair 30-8220-320 WWTP-Chemical 30-8220-570 WWTP-Miscellaneous 30-8220-731 WWTP-Capitallmprovement 437 BEFORE ADJ AFTER 4,000 18,000 139,000 $ 50,000 8,000 48,000 164,346 $ 53,600 4,000 30,000 25,346 $ 3,600 BEFORE ADJ AFTER 40,000 4,000 33,000 536,700 530 176 90,000 $ 209,885 40,530 4,176 123,000 746,585 To encumber designated amounts from the 2002-2003 Budget in the General and Water Fund, APPROVED: O-LJ I??V /t/-/3 -1f?.3 . . . . 438 RESOLUTION ORANGE COMMUNITY HOUSING & LAND TRUST WHEREAS, the Board of Directors of the Orange Community Housing and Land Trust has approved a Mission Statement, Guiding Principles, and Organizational Goals; and NOW, THEREFORE, BE IT RESOLVED the Hillsborough Board of Commissioners do hereby endorse these organizational tenets of the Orange Community Housing and Land Trust. Aye: 0" Nay: -G- Absent: ~ Joe~Zk0 Town of Hillsborough . . . 439 STATE OF NORTH CAROLINA CITYffOWNI OF HILLSOBROUGH IN THE MA TfER OF: Regulated Cable Service Provided by Time Warner Cable to its HilIsborough Cable Television Subscribers ) ) ) ) ) Tolling and Accounting Order to Extend the Review Period for Time Warner Cable's 2003 FCC-1240, 1205, 1235 Rate Filing Through January 2004 BEFORE THE TOWN OF IDLLSBOROUGH: WHEREAS, on October 1,2003, Time Warner Cable submitted an FCC-1240 Updating Maximum Pennitted Rates filing, FCC-120S Detennining Regulated Equipment and Installation costs, and FCC-1235 cost of Service Filing for Cable Network Upgrades for Regulated Cable Service with the Town. Time Warner Cable's filing includes actual and estimated costs it may incur during the projected period January -December 2004, along with previous expenses from the "true up" period October 2002 - September 2003; WHEREAS, the Federal Communications Commission has promulgated rate filing procedures that allow cable operators to estimate future external costs, and costs associated' with system upgrades, and recover those projected costs utilizing the FCC-1240 filing process, perfonned annually; WHEREAS, the County is certified with the FCC to regulate basic cable service, equipment and installation rates and services within the Town of Hills borough; and WHEREAS, the FCC ~76.933 grants franchise authorities the abilitY to toll the time in which to review rate filings submitted by cable operators, extending the period of revjew from the initial 30 days, to an additional 90 days (120 days total) past the original date of receipt by the franchise authority. IT IS THEREFORE ORDERED: THAT the time period in which the Town of Hillsborough has to review Time Warner Cable's FCC-1240 rate filing is tolled 90 days past the original 30 days (120 days total) allowed by the FCC, extending the total review period deadline; and ' THAT Time Warner Cable is directed to maintain a complete and accurate accounting of all costs and revenues associated with the aforementioned filing. \ \ \ \ , 11 , II t, , "1 ,\ HILL I, "" ()t S~'"'''''' ~'~~ ~~ f.~ T_ \\ " of ~= - Hills :'_~ ',: -- ... - '-t.. .. - . ,- 'Q --. ~. ...... ~~,... ..~ ,'" IV,,' '1 \\' '",.,...,,\\ ISSUED BY ORDER OF THE TOWN OF HILI.SBOROUGH: This the 13TH day of October 2003. r~ Deliver via Certified U.S. Mail to: Paul 88!;Ce11ieri, Vice President-Finance; Time Warner Cable, Raleigh-Durham Division File.copy to: Robert F. Scpe, Action AUdits, lie" 101 Pocono Lane, Cary, NC 275 \3 440 Proclamation . DOMESTIC VIOLENCE AWARENESS And NATIONAL UNITY DAY 2003 WHEREAS, domestic violence is a pattern of coercion and control in an intimate relationship where one person uses violence to gain power and control over their partner; and WHEREAS, domestic violence includes not only physical abuse, but also mental abuse, emotional abuse, financial abuse, isolation, and sexual violence; and WHEREAS, nearly 25 percent of American women report being raped and/or physically assaulted by a current or former spouse, partner, or date at some time in their lifetime, according to the National Violence Against Women Survey; and WHEREAS, thirty percent of Americans say they know a woman who has been physically abused by her husband or boyfriend in the past year and . WHEREAS, women of all races and socioeconomic backgrounds are vulnerable to violence by an intimate partner; and WHEREAS, in North Carolina, domestic violence programs provide services to over 40,000 victims each year, according to the Council for Women; and WHEREAS, in more than three women are murdered by their husbands or boyfriends every day; and WHEREAS, in North Carolina, over 30 women, men, and children have been murdered as a result of domestic violence this year; and Now, therefore, I, Joe Phelps, Mayor of the Town of Hillsborough, do hereby proclaim this time to be: "Domestic Violence Awareness Month and National Unity Day 2003" and encourage the citizens of Hillsborough to observe this time in ways appropriate to its importance and significance. \\"" 111111 ,.w&~ tM{J~ 13th day of October, 2003. ..' .:~ \.) cs& ".. .... ~,~ a ~ .~O'~ ~~ }-. ~ c:;. = ef = ~ .. gh ~E - ~~ . ~A ... -:. -#I".~ ~ ~ , -:...... .~~"" ",':- " C ~" ,I, \\ '" 'A \\\ 111"1/11"\\ helps, Mayor of Hillsborough . . . TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS 441 2004 Meetina 'Schedule (*AII meetings will be held in the Town Barn, unless otherwise noted, Times and dates are subject to change). Monday, January 12, 2004 Monday, January 26, 2004 Tuesday, January 27,2004 Monday, February 9,2004 Monday, February 23, 2004 Monday, March 8, 2004 Monday, March 22, 2004 Monday, April 12 2004 Monday,April26,2004 Tuesday, April 27, 2004 Monday, May 10, 2004 Tuesday, May 24, 2004 Monday, June 14, 2004 Thursday, June 28, 2004 Monday, July 12, 2004 Monday, July 26, 2004 Tuesday, July 27,2004 August, 2004 Monday, September 13,2004 Monday, September 27,2004 Monday, October 11, 2004 Monday, October 25, 2004 Tuesday, October26,2004 Monday, November 8, 2004 Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Quarterly Joint Public Hearing with the Planning Board (7:00 PM) Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Quarterly Joint Public Hearing with the Planning Board (7:00 PM) Regular Board Meeting (7:30 PM) Town Board Work Session Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) 'Quarterly Joint Public Hearing with the Planning Soard (7:00 PM) No Meetings Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Quarterly Joint Public Hearing with Planning Board (7:00 PM) Regular Board Meeting (7:30 PM) . . . Monday, November 22, 2004 Monday, December 13,2004 TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS 442 2004 Meetina Schedule Town Board Work Session (7:30 PM) Regular Board Meeting (7:30 PM) . 443 TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH, OF NORTH CAROLINA THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH HEREBY ORDAINS THAT THE TOWN OF HILLSBOROUGH ZONING MAP IS AMENDED AS FOLLOWS: Section 1. An approximately 40.13 acre of land located on the south side of US 70 Bypass, between Latta Road and Gwenn Road, said parcels being more particularly identified as PINs 9874-38-1861 and 9874-49-0155; TAX MAP NO. 4.37.A.3c & 3d, heretofore zoned Residential-20 shall be reclassified to the Mixed Residential Special Use District as described in Section 2.16 of the Town of Hills borough Zoning Ordinance. Section 2. This Ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote received the following vote and was dulY.a661'tcd this 13th day of October, 2003. JJEAJ IC j) Ayes: .:J - . Noes: .;? Absent or Excused: -b- . Dated: /P-9"'~~ t~if~, onna Armbrister, Town Clerk . . . 444 TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS RESOLUTION GRANTING A SPECIAL USE PERMIT SUBJECT TO SPECIAL CONDITIONS AFFECTING 40.13 ACRES OF LAND IDENTIFIED AS PIN 9874-38-1861 and 9874-49-0155; TAX MAP NO. 4,37.A.3c & 3d WHEREAS, the Town of Hillsborough Board of Commissioners has received an application from EYC Companies for a Special Use Permit to allow the development of 40.13 acres of land located on the south side of US 70 Bypass, between Latta Road and Gwenn Road, said parcels bearing PINs 9874-38-1861 and 9874-49-0155; TAX MAP NO. 4.37.A.3c & 3d, said parcel being owned by H. Tate McKee Trustee; and WHEREAS, the Town of Hillsborough Board of Commissioners has referred the application to the Town of Hillsborough Planning Board in accordance with the pertinent provisions of the Town of Hillsborough Zoning Ordinance; and WHEREAS, the Town of Hillsborough Planning Board and the Board of Commissioners conducted joint public hearings to consider the application on October 22, 2002 and April 22, 2003 after giving notice thereof as required by law; and WHEREAS, at the aforesaid public hearing, the Applicant and all others wishing to be heard in connection with the Application were given an opportunity to do so; and, WHEREAS, the Town of Hil~sborough ~lanning Board has made its recommendation to the Town of Hillsborough Board of Commissioners regarding the Application; WHEREAS, the Town of Hillsborough Board of Commissioners has considered the recommendation of the Planning Board and all the information and testimony presented to it at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of Commissioners, on motion of seconded by , this 13th day of October, 2003 as follows; 1. The Board of Commissioners has considered all the information presented to it both in support of and in opposition to the application at the October 22, 2002 and April 22, 2003 public hearings; 2. The Board of Commissioners finds that the requested permit is within its jurisdiction according to the Table of Permissible Uses, that the application is complete, and that if the proposed development is completed as proposed in the application, subject to the Special Conditions attached hereto, it will comply with the requirements of the Zoning Ordinance. 3. The Special Conditions attached to the Special Use Permit as Exhibit 1 are in~ended to pre~erve andlor.,Promote the health, safety and welfare of the surrounding areas and . . . 445 the Town of Hillsborough in general, and to insure that the Performance Standards established by Section 4.48 of the Zoning Ordinance are met. 4. Upon adoption of this Resolution, the Town of Hillsborough shall issue a Special Use Permit generally in the form annexed hereto as Exhibit A and notice of this decision and issuance of the special use permit shall be transmitted forthwith in accordance with Section 4.41.10 of the Zoning Ordinance. WHEREFORE, the foregoing Resolution was put to a vote of the Town of Hillsborough Board of Commissioners this 13th day of October, 2003, the result of which vote was as follows: Ayes: Noes: Absent or Excused: Dated: Donna Armbrister, Town Clerk . . . 1. 2. 3. 4. 5. 6. 7. tJ46 Exhibit 1 SUP - 2003-02 8. The plans dated 10/3/2003 are the plans approved by this permit, including support materials. The transportation improvements recommended by the traffic impact study dated October 2002 will be installed at the developers expense before occupancy of the project. In addition, the installation of a traffic signal at the applicant's expense at the Gwenn Road entrance if the NCDOT will permit its installation. The applicant will dedicate right-of-way along US 70 Bypass as necessary to achieve this development's % of the ultimate width of100 feet (if necessary). Detailed site plan and engineering drawings will be submitted and approved by the Town staff prior to construction regarding, but not limited to: zoning, water, sewer, stormwater, and fire protection. Home Owners Association documents must be reviewed and approved by town staff before occupancy permits are granted for any residential structure. A zoning permit authorizing the construction of the Assisted Living facility must be issued before occupancy permits are granted for any residential structure. All dwellings on the property are exempt from the Fair Housing L~w under the exemption created for elderly housing with 80% of the dwelling~ having at least one resident aged 55 or older. The perimeter walking trail will be constructed predominately in the voluntary portion of the buffer with minor intrusions into the required buffer. The trail will be of asphalt and 6'-8' in width. A meandering sidewalk, as approved by NCDOT, will be constructed to serve as a walking trail along the right of way for US 70 Bypass with end connections out to the existing road pavement and connections to the site circulation system. The surface of this sidewalk will likely be concrete, but determined by NCDOT standards. The applicant agrees to allow the adjacent parcel to the west to connect to the entrance road. The required portion of the perimeter buffer and the Neuse Basin buffers shall remain intact without grading. Some tree removal may occur in the voluntary buffer, but it will be limited and the buffer will be supplemented with new plantings if needed to meet the ordinance standard. A range of services to allow residents to remain in independent dwelling units as detailed in the submittal documents is expected to continue for the life of the project. The applicant agrees to reserve Tract 3 for development of 50 units of HUD 202 housing until October 1,2005 and contribute $10,000 toward the HUD 202 application fee. It is anticipated 50 units can be placed on this parcel. Any portion of the SO u nits that is not made .part of the HUD 202 application will be made available for other moderate to low-income housing programs including but not limited to the Orange Community Housing and Land Trust. In the event that the HUD 202 application has not received funding by October 1,2005, the applicant ~ay elect to pursue another form of moderate to low-income housing for Tract 3. 9. 10. 11. 12. 13. 447 . NORTH CAROLINA ORANGE COUNTY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND MUNICIPAL AGREEMENT CITY OF HILLSBOROUGH REINSPECTION OF BRIDGES ON THE MUNICIPAL STREET SYSTEM F. A. PROJECT BRZ-NBIS (13) THIS AGREEMENT, made and entered into this the /3~ day of p~pe~ , of 2003, between the DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, hereinafter referred to as the ~ Department, and the CITY OF HILLSBOROUGH, a municipal corporation, hereinafter referred to as the Municipality; N l T N E S B-E T H: WHEREAS, the Surface Transportation Assistance Act of 1978 provided funding for a Federal-Aid Highway Bridge Replacement and Rehabilitation Program; and WHEREAS, the Highway Bridge Replacement and Rehabilitation portion of the law requires that all structures defined as bridges located on public roads must be inspected on a cycle, not to exceed two years In accordance with the National Bridge Inspection Standards (NBIS); and WHEREAS, the Municipality has requested the Department or a Consultant retained by the Department to reinspect and analyze all . public bridges located on its Municipal Street System in compliance with the National Bridge Inspection Standards; and . . . -2- 448 WHEREAS, the Department and the Municipality are authorized to enter into an agreement for such work under the provisions of 8.S. 136- 18(12), G.S. 136-41.3, and 8.S. 136-66.1; and, WHEREAS, the City Council of the Municipality has approved the hereinabove referenced reinspect ions and has agreed to participate in certain costs thereof in the manner and to the extent as hereinafter set out. NOW, THEREFORE, the ,Department and the Municipality agree as follows: 1. The Department or a Consulting Engineering firm retained by the Department shall reinspect, analyze, and prepare the necessary inspection reports for all bridges on the Municipal Street System in accordance with the National Bridge Inspection Standards. 2. All work shall be done in compliance with the following documents: (A) National Bridge Inspection Standards (23 CFR, Chapter 1 Part 650) (B) AASHTO Manual for Maintenance Inspection of Bridges - 1983 (C) Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation's Bridges - December, 1988. 3. The Municipality shall be responsible for providing any required traffic control personnel during the work period. . . . -3- 449 4. The Municipality shall furnish all data in the possession of the Municipality that can be released that will help the Department or its Consultant in the accomplishment of the work including but not limited to appropriate municipal maps showing the location of the bridges, plans for the bridges when available, and any prior inspection reports. 5. During the inspection process, some repairs may be discovered that require immediate attention or repair, or a regulatory sign may be missing, damaged or incorrect. A Prompt Action Notice or Regulatory Sign Notice will be issued in these cases. It is required that the Municipality resolve the Prompt Actions and/or Regulatory Sign Notice within ninety (90) days of issuance. 6. The Municipality shall designate a responsible Municipal official with whom the Department or its Consultant will coordinate the work. 7. It is understood by the parties hereto that the Federal Highway Administration, through the Department, is to participate in the costs of the work to the extent of eighty (80) percent of actual costs, subject to compliance with all applicable federal policy and procedural rules and regulations. All costs not participated in by the Federal Highway Administration shall be borne by the Municipality. . . . -4- 450 8. Upon completion of the bridge reinspection, and analysis work, the Department shall invoice the municipality for accumulated project costs not participated in by the Federal Highway Administration. Upon FHWA final audit, the Department shall invoice/refund the Municipality any differences in the amount previously invoiced and the actual costs not participated in by the Federal Highway Administration. Reimbursement shall be made by the Municipality within sixty (60) days of the invoice date. After the due date, a late payment penalty and interest shall be charged on any unpaid balance due in accordance with G.S. 147-86.23 and G.S. 105-24.1 (i). 9. In the event the Municipality fails for any reason to pay the Department in accordance with the provisions for payment hereinabove provided, the Municipality hereby authorizes the Department to withhold so much of the Municipality's share of funds allocated to said Municipality by the General Statutes of North Carolina, Section 136-41.1, until such time as the Department has received payment in full. 10. Upon completion of the work the Department shall maintain all books, documents, papers, accounting records, and such other evidence as may be appropriate to substantiate costs incurred under this agreement. Further, the Department shall make such materials available at its office for three (3) years from the date of payment of the Final Voucher by the Federal Highway Administration under this agreement, for inspection and audit by the Federal . . . -5- 451 Highway Administration, or any authorized representatives of the Federal Government. IT IS UNDERSTOOD AND AGREED that the approval of the work by the Department is subject to the conditions of this agreement, and that no expenditure of funds on the part of the Department will be made until the terms of this agreement have been complied with on the part of the Municipality. IN WITNESS WHEREOF, this agreement has been executed, In duplicate, the day and year heretofore set out, on the part of the Department and the Municipality by authority duly given, as evidenced by the attached certified copy of resolution, ordinance or charter provision, as the case may be. -6- 452 . L. S. ATTEST CITY OF HILLSBOROUGH by: Finance Director L.S. ATTEST DEPARTMENT OF TRANSPORTATION . SECRETARY TO THE BOARD BY: STATE HIGHWAY ADMINISTRATOR BOARD OF TRANSPORTATION SEAL APPROVED AS TO FORM MICHAEL F. EASLEY ATTORNEY GENERAL BY: ASSISTANT ATTORNEY GENERAL . -7- 453 . COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF HILLSBOROUGH, NORTH CAROLINA The following resolution was introduced, and Council Member !l/,:;RJ( 8AER 1~,4N moved that it be adopted-. The motion was seconded by Council Member t:R1l.AlClf5 ))~A.JCt/ , and, upon being put to a vote, I the resolution was V;V#/V/I.nPU5/V carried; I WHEREAS, the CITY OF HILLSBOROUGH has requested the Department of Transportation to perform certain work under the Federal-Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the reinspect ion and analysis of all public bridges on the Municipal Stree~ System in the CITY OF HILLSBOROUGHj and . WHEREAS, the CITY OF HILLSBOROUGH proposes to enter into an agreement with the North Carolina Department of Transportation for said work wherein the Department of Transportation or a Consulting Engineering firm retained by the Department of Transportation will reinspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with the National Bridge Inspection Standardsj and WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulationsj and WHEREAS, under the proposed agreement the CITY OF HILLSBOROUGH shall reimburse the Department of Transportation for all costs of the . work incurred by the Department of Transportation not paid by the Federal Highway Administration. . . . -8- 454 NOW, THEREFORE, BE IT RESOLVED that the agreement for the hereinbove referenced bridge inspection work is hereby formally approved by the CITY OF HILLSBOROUGH and the Mayor and Clerk (or Manager) of this Municipality are hereby empowered to sign and execute the required agreement between the CITY OF HILLSBOROUGH and the Department of Transportation. This Resolution was passed and adopted the /J? ~j day of (J~~ ,2003. I,~A)~ ~ A1R~b~Ar~ , Clerk (or Manager) of the CITY OF HILLSBOROUGH, North Carolina, do hereby certify that the foregoing lS a true and correct copy of excerpts from the minutes of the City Council of this Municipality; on WITNESS, my hand and the official seal of the CITY OF HILLSBOROUGH this the ;fAh day of t1~j~~ ,2003. \\\1111""~/1 ", II; "" i3$Atl! I1Fs '''/.'. !~~YCIPALI~~"~ "0 0-- :: I-. Town c::;. -:. ~ H~1J.~ gh ~ ~ -:. A, ~ ~.~ ' -;~ bo.~ ..., ~~ ~ "" CARO"- ",.. "1 \\\ '1111'111\\\'\ CITY OF HILLSBOROUGH NORTH CAROLINA . . . Certification: By signing below I certify that d //5/;OeE2Ud), ~ity) will participate in the FY 2004 Scattered Site Housing Program in tJRII!IIj E County and request th~ity of !/,;lskRtJf.l$ J., be considered in all committees, plans and activities relating to this SSH project. 2/0 By signing below I certify that 2002 Scattered Site Housing Program in /O-/J-dtJO) Date (town/city) declines participation in the FFY County. Signature of Mayor or Chief Administrative OffLCer ,27 Date 455 . . . 456 AN ORDINANCE AMENDING SECTION 6 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 6A-6 of the Hillsborough Town Code is hereby amended to add the following 3-way stop intersection: Intersecting Streets Lafayette Drive and north bound Bonaparte Drive Lafayette Drive and north bound Brick Hearth Drive Section 2. Section 6A-5 of the Hillsborough Town Code is hereby amended to delete north bound stop sign listed for Bonaparte Drive at Lafayette Drive. Section 3. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. Section 4. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this /3Y1t day of {)chbrR1 02a?). Ayes: ~ Noes: .,f;)- Absent or Excused -e- ~~ . . . 457 STATE OF NORTH CAROLINA PAVING CONTRACT TOWN OF HILLS BOROUGH This Contract made this the 13th of October, 2003 by and between the TOWN OF HILLSBOROUGH, North Carolina, a Municipal Corporation located in ORANGE County (hereinafter Town); and Central Paving Co., Inc. of 125 Gibson Road, Mebane NC 27302 (hereinafter Contractor). WIT N E SSE T H: 1. 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: Street Name Section of Street Lineal Feet Sq. Ft. Surface Area From To Latimer St. Nash St. Hayes St. 885 x 16 14,160 S. Wake S1. W. Margaret Ln. End 365 x 19 6,935 Brownville St. Lakeshore Dr. W. King 958 x 16 15,328 Cameron St. E. Corbin St. S1. Mary's Rd. 2,660 x 19 50,540 Webb St. Nash St. Holt St. 665 x 17 11,305 Holt S1. W. King St. Knight S1. 480 x 16 7,680 GRAND TOTAL 6,013 Lineal FeetJ105,948 Sq. F1. Surface Areas 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, and other similar material) associated with this project. This project will be performed for the lump sum not to exceed $63,176.49. _ 2. TIME FOR COMPLETION. The Contractor shall commence the work to be performed under this Contract within thirty (45) days of receipt of notice to proceed from the Town Manager or the Public Works Director and shall complete all work hereunder . . . 458 within 45 calendar days of the date of beginning, provided that the weather conditions are satisfactory for paving. 3. 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. 4. 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 $63,176.49. The Town will make the payment to the Contractor on a net 30-day basis from receipt of invoice. 5. INSURANCE. The Contractor shall take out and maintain during the life of this Contract the following insurance: Statutory Workers Compensation insurance; Comprehensive General Liability 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. 6. 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. 7, 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 occurring in connection with, directly or indirectly, the performance or nonperformance by Contractor (or by any person acting for the Contractor or for whom the Contractor is or is alleged to . . . 459 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-1. SUSPENSION OR TERMINATION OF AGREEMENT: In the event that review of the Contractor's performance shows non-conformance 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 often (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 . . . 460 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. I I. AMENDMENTS. This agreement shall not be modified or otherwise amended except in writing signed by both the parties. . . . 46.1. 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. By: CENTRAL PAVING COMPANY INC. By: Travis Sharp Title: By: \\111"""" \,\ H '11/ ,...I :-.. r- ILL n . <'. <.... ,', \..J 1 ""'I.':, ..... ,." " \~ '\.lc......) -';. '. ..~~ ~ " .....,: ."'"""-..... ..- , ~, ~ , .-....J 0 -:- ~ f..- Town 1i c:. -:. - of ~, ~ fJillsr" . ...,' h ~ ~ _ ,L..,_ . g _ - ~ . 't - -:. ~Q :: , , '" '1t\ ... "''''... 'Y~ ....,~ ,........ ...,.1 1y CARO\ \'\- ", " ~'" \' III " 1'11'10"'0\\ This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Sherry Carter, Finance Director Town of ~ill~ q62 Hillsborough TIP Priority List 2006 - 2012 1. Elizabeth Brady Road extension (project U-3808) Construct proposed 4-lane boulevard that connects US 70 Business, US 70 Bypass, and St. Mary's Road (SR 1002). Special design consideration should be used in crossing the Eno River and the overall impact of the road on neighboring properties. 2. Improvements along South Churton Street (project R-2825) Congestion management, limited access, capacity and aesthetic improvements between US 70 Business and Interstate 40. The portion between Interstates 40 and 85 will confirm to the design criteria of the Economic Development District Design Manual (4- lane divided section with bike and pedestrian improvements). North of Interstate 85 a variety of improvements within the current right-of-way need to be explored. . 3. US 70, Bypass widening Widen US 70 to a four-lane divided section with bike and pedestrian improvements. This project should be phased to address the traffic counts and existing congestion. 4. Western Bypass (project R-3438) Construct proposed 2-lane facility connecting US 70 with NC 86 North using a portion of Coleman Loop Road (SR 1332) right-of-way. Upon motion to adopt by Commissioner ~Ee;1)IHJ , seconded by Commissioner J:JA-Alc.y the above list was set to a vote at the October 13, 2003 Hillsborough Town Board of Commissioners meeting and received the following vote: Ayes: ~ Noes:? Abse\\tffl~cused;Q- \ \.\ \ 111/1 \\ I" ....'.\\,,~ HILLSh ',I",,, ....... \J q.~ " ... ~ !~~ SEAL O~ . ~ ""~ ' c:. =. .. of G> - ~ Hills gh:t: ~ - --... -. -:.~ ":: ~~' ~ , ~.... ..... , ~ .. ';, . ~ ," ~"#.' ~ARO, ,~, ~~4X.6~4 Donna F. Armbnster, CMC Town Clerk