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HomeMy Public PortalAbout11-10-2003 Regular Session . . . 470 Town . of Hill,~.gh MINUTES HILLSBOROUGH TOWN BOARD November 10, 2003 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on November 10, 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 Engineer Kenny Keel, Town Attorney Bob Hornik, Management Intern Kent Wyatt and Fire Marshal/Code Enforcement Officer Todd Chavious. Mayor Joe Phelps called the meeting to order at approximately 7:30 PM. 1. PUBLIC CHARGE Mayor Joe Phelps did not read the Public Charge, but indicated that it would be followed. 2. INTERVIEWS A. Interview volunteer Jim Singleton for a Re-Appointment to the Water/Sewer Advisory Committee Commissioner Gering asked Mr. Singleton about his committee meeting attendance during his previous term. Mr. Singleton stated that due to his profession, he never knows in advance whether or not he will be in town to attend the meetings. He also informed the Board that the Water/Sewer Advisory Committee members have never been told that there were any attendance requirements until earlier this year. Mr. Singleton stated that since he is now aware of the attendance policy, he would be sure to be present. Commissioner Gering suggested that all volunteer board/committee members be required to sign an attendance certification statement upon appointment. B. Interview volUnteer applicant George Dameron to fill an In-Town Vacancy on the Water/Sewer Advisory Committee Mr. Dameron was not present to be interviewed. 3. APPOINTMENTS A. Consider Re-Appointing Matthew Farrelly to fIrst full term on the Planning Board with a term to expire November 30, 2006 . . . 471 Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to re-appoint Matthew Farrelly to a full term on the Planning Board with a term to expire November 30, 2006 by a vote of 5-0. The motion was declared passed. B. Consider Re-Appointing Barbara Church to first full term on the Historic District Commission with a term to expire November 30, 2006 Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to re-appoint Barbara Church to a full term on the Historic District Commission with a term to expire November 30, 2006 by a vote of 5-0. The motion was declared passed. C. Consider Re-Appointing Jim Singleton to second full term on the Water Sewer Advisory Committee with a term to expire November 30, 2007 Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to re-appoint Jim Singleton to a second full term on the Water Sewer Advisory Committee with a term to expire November 30, 2007 by a vote of 5-0. The motion was declared passed. D. Consider Removing Donna Leigh Jones from the Water/Sewer Advisory Committee Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to remove Donna Leigh Jones from the Water/Sewer Advisory Committee by a vote of 5-0. The motion was declared passed. E. Consider Appointing George Dameron to fill an In-Town Vacancy on the Water/Sewer Advisory Committee This Item was tabled to a later date to be determined. 4. REPORTS A. Hazel-Parker Creek Restoration Update Mitch Woodward appeared before the Board and updated them on the Hazel-Parker Creek Restoration Project stating increasing volumes and intensity of storm water runoff from impervious areas upstream have caused Hazel Parker Creek to become unstable. This stream restoration project will restore Hazel Parker Creek to a stable dimension, pattern, and profile using natural channel design. Water quality improvements will reduce sediment entering the stream from localized stream bank erosion, the nwnber one source of sediment. Once completed, the restored section of the stream will be used as a demonstration area to showcase best management practices effective in urban areas. Mr. Woodward indicated that they plan to begin plantings in January through Spring, and wind up the project by April. 5. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA (speakers will have a 5 minute limit) 2 472 . Mayor Phelps deleted Items 10.A, H, & I Mayor Phelps added two resolutions for consideration to clarify the record on the SUP's for the retirement centers at the end of the Agenda Items for Decision. 6. AGENDA CHANGES & AGENDA APPROVAL By consensus, the Board approved the Agenda as presented including the aforementioned changes. 7. APPROVAL OF THE MINUTES OF THE SEPTEMBER 29, 2003 PUBLIC HEARING, THE OCTOBER 13, 2003 REGULAR MEETING, THE OCTOBER 13, 2003 CLOSED SESSION, THE OCTOBER 27, 2003 MONTHLY WORKSESSION, THE OCTOBER 28, 2003 JOINT PUBLIC HEARING, AND THE NOVEMBER 3, 2003 SPECIAL MEETING Commissioner Dancy noted that in the Minutes of the October 13th Regular Meeting, Items 1O.E and in the fIrst paragraph of Item 1O.F the record needs to be amended to show Commissioner Chavious as voting Aye. . Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved to approve the Minutes of the September 29, 2003 Public Hearing, the October 13, 2003 Regular Meeting, the October 13, 2003Closed Session, the October 27,2003 Monthly Worksession, the October 28,2003 Joint Public Hearing, and the November 3, 2003 Special Hearing as presented with the aforementioned amendment by a vote of 5-0. The motion was declared passed. 8. REPORT FROM THE TOWN MANAGER Finance Director Sherry Carter distributed the Comprehensive Annual Financial Report (CAFR) and stated the auditors will be present at the December Meeting Board Meeting. Town Manager Eric Peterson reported that he has been working on the Waterstone project forecast and is completed with the Water Fund side. He has begun working on the Water Capacity Study and hopes to have it to the Board sometime next week. Manager Peterson stated that the December Board meeting will have an Item to plan agenda for the late January Board Budget Planning Retreat. Peterson also stated that the Discussion of the Emergency Disaster Plan will be on the Agenda in December. . 9. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented a status report on all current Water/Sewer projects. 3 . . . 4 7 ~~ Commissioner Sheridan requested an update on the Town Clock Committee. Commissioner Gering reported that the Clock was re-installed last week but seems to have some bugs still to be worked out as it has stalled and started a couple of times. Repairs are scheduled to be made later this week. The Clock is under a three year warranty. 10. ITEMS FOR DECISION - REGULAR AGENDA A. Discussion by Ms. Jessie McLeod regarding pending Insurance Claim on Sewage Backup in Timbers Mobile Home Park This Item was removed from the Agenda due to the fact that the Insurance Claim has been settled. B. Receive information and citizen comments on the Lakeshore Sewer Outfall project Town Engineer Kenny Keel presented the Item to the Board. He reported that two landowners, from whom easements are needed for the sewer outfall construction, have expressed a desire to stop the project. Ms. Barbara Brooks appeared before the Board and stated that her objections to the project are that it will eliminate a large habitat for animals and be replaced with a wide swath of grass which will have to be mowed and have litter picked up on it. This will also impact the views and sounds from her home. The increased foot traffic would place her property in danger. Ms. Wendy Olson addressed the Board to voice her objections. She stated that much environmental and personal property damage will result from the installation and subsequent maintenance of the proposed sewer line. She noted issues she wishes the Board to consider when making their decision as: The removal of many mature hardwood and pine trees, Loss of intended use, Loss of afternoon shade; Exposed aerial sewer lines at stream crossings, Erosion and sedimentation, Loss of habitat, Loss of canopy, and Stormwater infiltration of sanitary sewer lines. Ms. Olson requested the Board reconsider the placement of this sewer line. Also suggested the Board reconsider phasing out all pump-stations due to habitat considerations. Ms. Hope Guevara addressed the Board and stated that she is opposed to the outfall. Sandra Brown addressed the Board and agreed with the others who have spoken on this Item. Engineer Keel fielded technical questions from the Board. Mayor Phelps suggested the Board consider re-evaluating the amount of compensation to Ms. Olson for the outfall easement. Upon a motion by Commissioner Sheridan, seconded by Commissioner Chavious the Board moved to direct staff to change course on project and reallocate resources to upgrade the 4 47.4 . pump-station by a vote of 5-0. The motion was declared passed. C. Discuss Request from the Exchange Club for $1,000 contribution to help pay for their solid waste collection costs Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to delay this Item indefinitely by a vote of 5-0. The motion was declared passed. D. Consider acceptance of water and sewer utilities for the Cameron Estates subdivision, and start of the warranty period Town Engineer Kenny Keel reported that the water and sewer utilities for the subdivision have been installed according to Town specifications. The facilities have a one-year warranty, which will begin upon acceptance. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to accept the water and sewer utilities for the Cameron Estates subdivision, and start of the warranty period by a vote of 5-0. The motion was declared passed. At this time the Mayor called for a brief recess. After a brief recess, Mayor Phelps reconvened the meeting. . E. Consider approval of Kenion Grove Water/Sewer Extension Contract Planning Director Margaret Hauth presented this Item for the Board's consideration. She reported that the Kenion Grove Subdivision will simply require 2 tie-ins to existing water lines, and 2 tie-ins to existing sewer lines. No pump stations will be necessary. F. Consideration of Preliminary Subdivision Plan for Kenion Grove - 55 lots with access to Revere Road and Cornelius Street LeAnn Brown, Attorney for Kenion Grove, addressed the Board and reported they have re- evaluated the issue of recreation space. She presented a proposal which they felt addressesd the Board's concerns by transferring ownership of what is identified on the current plans as Lot #46 (Lot A) to the Kenion Grove Homeowners Association as Recreation Space for the future owners in Kenion Grove. She proposed an additional monetary payment to be accomplished by the creation of a restricted fund in the amount equated at $500 per lot, or $27,500 with this fund being specifically restricted for use by the Kenion Grove Homeowners Association to purchase and install on Lot #46 (Lot A) Commercial Grade recreation equipment satisfactory to the owners in Kenion Grove. . Evelyn Poole-Kober read a letter from Ms. Edna Ellis in her absence. She expressed her concerns with the proposed entrance onto Hwy 70 as a "right in/right out" an~ not having the same restriction at the entrance onto Revere Road. 5 475 . Wendy Olson stated that the Parks & Recreation Committee has not received any information on the proposed recreation space. Commissioner Gering stated he has concerns with approving this project. Commissioner Sheridan stated he appreciates the time the applicants have spent responding to the Board wishes. He is still ambivalent about this project. Commissioner Dancy stated that she still has issues and concerns. Commissioner Lloyd stated that she is concerned with the density of the development, the drainage problems, parking, and the subdivision entrances. Commissioner Chavious stated his concerns with the adequacy of the proposed drainage pond and who would be responsible for the problems and damages if the pond is not adequate. Mayor Phelps expressed his concerns that the subdivisions that approved in Hillsborough are not being built by companies in Hillsborough. Commissioner Gering stated that he would like to have a joint meeting with NCDOT regarding a full access entrance from Hwy 70. . The Board asked the Developers if they wished the Board to take a vote tonight. The Developers requested that the Board delay the vote on this Item until the November Workshop. By consensus, the Board tabled this Item until the November Workshop. G. Consideration of an Ordinance to amend Section 3.3 of the Zoning Ordinance to expressly prohibit the development and operation within the Town of Hillsborough zoning jurisdiction of manufacturing and processing facilities involving the use of petroleum products By consensus, this Item was tabled until the November Workshop. H. Consideration of an Ordinance to amend Section 3.3.2 of the Subdivision Regulations to require neighborhood meetings and/or notices for all major subdivisions By consensus, this Item was removed from the Agenda since it had been heard at the Public Hearing. 1. Consideration of an Ordinance to amend Sections 3.5.a,e,0 to amend the preliminary plan . requirements for major subdivisions By consensus, this Item was removed from the Agenda since it has been heard at the Public 6 476 . Hearing. J. Consideration or revised Courtesy Review Agreement with Orange County By consensus, this Item was tabled until the November Workshop. K. Receive request from property owner to give the Town a lot on Terrell Road for use as a neighborhood park Margaret Hauth requested to donate one lot on Terrell Road for use as a neighborhood park. Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to accept the donation of one lot on Terrell Road with a restricted use as a neighborhood park by a vote of 5-0. The motion was declared passed. L. Consider request from Governor Easley to consider adopting a Resolution Regarding National Trade Policy By consensus, this Item was tabled until the November Workshop. M. Monthly Code Enforcement Update and status of the Cases that have been to Magistrates Court . By consensus, this item was tabled until the November Workshop. N. Consider re-scheduling the December Regular Meeting to December 1 sl By consensus the Board rescheduled the December Regular Meeting to December 1 st. O. Consider Canceling the December Monthly Workshop By consensus, the Board cancelled the December Monthly Workshop. 11. CLOSED SESSION A. Closed Session to discuss property acquisition Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved to go into closed session and invited the Commissioners Elect to attend by a vote of 5-0. The motion was declared passed. . Upon returning to Open Session, and upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board authorized staff to place a bid for land acquisition not to exceed $4,000 by a vote of 5-0. The motion was declared passed. Mayor reminded Board ofTTA Meeting on Wednesday. 7 477 . The Board discussed the proposed Kernon Grove Project for the upcoming workshop. 12. ADJOURN Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to adjourn at 11 :54 PM by a vote of 5-0. The motion was declared passed. Respectfully submitted, Donna F, Armbrister, CMC Town Clerk . . 8