HomeMy Public PortalAbout11-10-2003 Regular Session
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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
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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)
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. 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.
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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.
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9. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel presented a status report on all current Water/Sewer projects.
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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
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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.
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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.
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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
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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.
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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.
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. 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
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