HomeMy Public PortalAbout10-13-2003 Regular Session
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Town
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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
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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
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Commissioner Dancy noted in the Minutes of the September 22nd Workshop in Item 3 the word
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"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.
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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.
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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
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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.
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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.
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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
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that there will be safety issues and lighting issues from vehicle lights.
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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
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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.
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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.
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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.
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Respectfully submitted,
Donna F, Armbrister, CMC
Town Clerk
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of
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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
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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
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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
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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
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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.
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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
.
.
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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
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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
.
.
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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:
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This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Sherry Carter, Finance Director
Town
of
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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-
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Donna F. Armbnster, CMC
Town Clerk