HomeMy Public PortalAbout12-01-2003 Regular Session
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Town
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MINUTES
HILLSBOROUGH TOWN BOARD
December 1,2003
7:00 PM, Town Barn
The Hillsborough Town Board held a regular meeting on December 1,2003 at 7:30 PM in the
Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and
Commissioners Mike Gering, Frances Dancy, and Evelyn Lloyd. Commissioners Elect Brian
Lowen and Eric Hallman. 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 7:00 PM.
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OATHS OF OFFICE (Reception following)
1. MAYOR JOE PHELPS
2. COMMISSIONER EVELYN P. LLOYD
3. COMMISSIONER L. ERIC HALLMAN
4. COMMISSIONER BRIAN J. LOWEN
Town Clerk Donna Armbrister administered the Oaths of Office to Mayor Joe Phelps,
Commissioners Evelyn P. Lloyd, and Brian J. Lowen.
Mayor Phelps called for a recess in the meeting to hold the Reception.
Mayor Phelps reconvened the meeting.
Town Clerk Armbrister administered the Oath of Office to Commissioner L. Eric Hallman.
NOMINATIONS AND VOTING FOR MAYOR PROTEM
Commissioner Lowen nominated Commissioner Dancy to serve as Mayor Protem.
Commissioner Gering seconded the motion which obtained a vote of 5-0. The motion was
declared passed.
VOLUNTEER INTERVIEWS
A. Interview Tom Magnuson to fill a three-year term on the Parks and Recreation Board
with a Term expiring December 2006
. Board conducted brief interview with Tom Magnuson.
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1. PUBLIC CHARGE
. Mayor Phelps did not read the Public Charge, but indicated that it would be followed.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
Evelyn Poole-Kober requested to address the Board regarding the Turnip Patch Park. She stated
that several pallets of rock and boulders have been left there and she was wondering what
decision the Town has made on this Park; how much the Town is spending on it; questioned
Town liability at the Park. She asked if the Park is only for the Historic District residents, and
what age children it is for. She also questioned what parking accommodations had been decided
on. She questioned the safety of children playing on these rocks and boulders.
Planning Director Margaret Hauth responded to Ms. Poole-Kober's questions. Hauth reminded
the Board that they had endorsed the concept of that park earlier in the summer. She stated that
the Town is waiting on the paperwork for a written agreement with the group that plans to
develop the park at their expense and they would donate the park to the Town at which time the
Town would maintain the Park. The Park would be for the use of all public.
3. AGENDA CHANGES & AGENDA APPROVAL
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Mayor Phelps requested to add a Resolution Extending the Effectiveness of "Ordinance
Amending Town of Hillsborough Zoning Ordinance to Temporarily Suspend the Review,
Consideration and Issuance of Permits and Applications for Manufacturing and Processing
Operation Involving Petrolewn Products" as the first item under Item 8. By consensus, the
Board agreed.
Commissioner Gering requested the addition of a discussion of the temporary structures at the
Board of Education site. By consensus, this was added as Item 8.K.
By consensus, the Board approved the agenda with the aforementioned additions.
Mayor Phelps reminded everyone of the upcoming candlelight tour and Christmas Parade this
weekend.
4. APPROVAL OF THE MINUTES OF THE NOVEMBER lOrn REGULAR BOARD
MEETING, AND THE NOVEMBER 10TH CLOSED SESSION
Commissioner Dancy noted a correction to be made on the fourth line of page 6 to change the
word "spend" to "spent".
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Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to
approve the Minutes of the November 10th, 2003 Regular Board Meeting and the November 10th,
2003 Closed Session with the aforementioned amendment by a vote of 5-0. The motion was
declared passed.
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5. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson reminded the Board of the School for Newly Elected Officials at
the School of Government.
Manager Peterson reported that he had fInished the draft on the Water Capacity Analysis and
informed the Board that they would be receiving their copies of the analysis this week.
6. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel presented a status report on all water/sewer projects.
Engineer Keel stated that he hopes the Water Plant upgrades will be completed by February.
7. APPOINTMENTS
A. Consideration of Appointment of Tom Magnuson to fIll a three-year term on the Parks
and Recreation Board with a Term to expire December 2006
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to appoint Tom Magnuson to fIll a three-year term on the Parks and Recreation Board with a
Term to expire December 2006 by a vote of 5-0. The motion was declared passed.
B. Consideration of Appointment of Chip Hildreth (Alpha Birds), Jeff Woods (Carolina
Game and Fish), Matt Meeks (Tupelos Restaurant), and Earnest Dollar (Orange County
Historic Museum) as Clock Winders for the Town Clock
Assistant Town ManagerlPublic Works Director Demetric Potts reported that the Town Clock
has been restored and was put back in place in November. Only one person has been trained to
wind the clock.
Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board
moved to appoint of Chip Hildreth (Alpha Birds), Jeff Woods (Carolina Game and Fish), Matt
Meeks (Tupelos Restaurant), and Earnest Dollar (Orange County Historic Museum) as Clock
Winders for the Town Clock and requested the Town Clock Committee recommend an
Ordinance that will appoint a standing Town Clock Committee by a vote of 5-0. The motion
was declared passed.
C. Consideration of Board Committee Seat Appointments
By consensus of the Board, the following Committee Seat Appointments were approved:
Upper Neuse River Basin - Mayor Joe Phelps
TJCOG Board of Delegates - Commissioner Frances Dancy
Alternate on TJCOG Board of Delegates - Mayor Joe Phelps
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Representative on the ffJCOG Executive Committee - Commissioner Frances Dancy
Representative on the Water/Sewer Advisory Committee - Mayor suggested the Board rotate
their involvement with this Board
Representative on the EDDTaskforce - is currently inactive, but Commissioner Evelyn
Lloyd wishes to serve
Representative with the HillsboroughlOrange Rural Fire Department - Commissioner Evelyn
Lloyd
Alternative Representative with HillsboroughlOrange Rural Fire Department -
Commissioner Brian Lowen
Representative on the T AC - Commissioner L. Eric Hallman
Alternate Representative on the T AC - Commissioner Michael Gering
Representative on the Orange County Schools and Land Use Council - Commissioner
Michael Gering
Representative on the Courthouse Expansion Committee - Commissioner Evelyn Lloyd
Alternate Representative on the Courthouse Expansion Committee - Commissioner L. Eric
Hallman
Representative on the Tourism Board - Commissioner Michael Gering
Representative on the Parks and Recreation Board - Commissioner L. Eric Hallman
Representative on the HOME Review Committee - Commissioner Brian Lowen
Alternate Representative on the HOME Review Committee - Commissioner L. Eric Hallman
Representative on the Intergovernmental Park Work-Group - Commissioner L. Eric Hallman
Representative on the Orange County Visitors Bureau - Commissioner Frances Dancy
Representative on the Fairview Park Committee - Commissioner Brian Lowen and Mayor
Joe Phelps
. Alternate Representative on the Fairview Park Committee - Commissioner Evelyn Lloyd
Town Board representative on Churton Street Corridor Design Competition Jury-
Commissioner Michael Gering
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8. ITEMS FOR DECISION - REGULAR AGENDA
ADDED ITEM: Resolution Extending the Effectiveness of "Ordinance Amending Town of
Hillsborough Zoning Ordinance to Temporarily Suspend the Review, Consideration and
Issuance of Permits and Applications for Manufacturing and Processing Operation Involving
Petroleum Products"
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to
approve the Resolution Extending the Effectiveness of "Ordinance Amending Town of
Hillsborough Zoning Ordinance to Temporarily Suspend the Review, Consideration and
Issuance of Permits and Applications for Manufacturing and Processing Operation Involving
Petroleum Products" by a vote of 5-0. A copy of the Resolution is hereby made a part of these
official Minutes as an Attachment.
A. Andi Curtis, Public Affairs Manager from Time Wamer Cable, will Address the Board
Andi Curtis addressed the Board to introduce herself as the Town's local contact.
B. A representative of the Alliance for Historic Hillsborough will address the Board
regarding Hillsborough's 250th Anniversary
Cathleen Turner, Bill Crowther, Jim Dooley, and Gail Cooley with the Alliance for Historic
Hillsborough addressed the Board and offered their assistance with planning Hillsborough' s
250th Anniversary.
Commissioners Gering and Lloyd volunteered to serve on the Committee.
Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board
moved to authorized the Alliance for Historic Hillsborough to form a 250th Anniversary
Celebration Committee by a vote of 5-0. The motion was declared passed.
C. Presentation of the 2002-2003 Audit from Dixon Odom PLLC
Finance Director Sherry Carter introduced Lavonne Montague, with Dixon Odom PLLC who
reviewed the 2002-2003 Audit for the Board.
D. Recognition to the Finance Department and Town for receiving the Certificate of
Achievement for Excellence in Financial Reporting from the Government Finance
Officers Association
Mayor recognized the Finance Department and Finance Director Sherry Carter for receiving
the Certificate of Achievement for Excellence in Financial Reporting from the Government
Finance Officers Association for the 9th consecutive year.
E. Jack Smyre will address the Board regarding the proposed Waterstone Project
Jack Smyre with Design Response addressed the Board and requested to be placed on the
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Agenda for the January 27th Quarterly Public Hearing.
. Town Attorney Bob Hornik stated that there is no legal reason to hold another Public Hearing.
Planning Director Margaret Hauth stated that as soon as the fiscal analysis is completed, she will
provide it to the Planning Board for their consideration so that they can make a formal
recommendation on Waterstone to the Town Board.
F. Consider authorizing staff to prepare a Land and Water Conservation Fund grant
submittal to NCDENR for an amount not to exceed $250,000 for the construction of a
portion of Riverwalk.
Planning Director Margaret Hauth presented this Item for the Board's consideration and
requested that they authorize staff to prepare a grant request for a portion of Riverwalk.
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved
to authorize staff to prepare a Land and Water Conservation Fund grant request for submission
to NCDENR for an amount not to exceed $250,000 for the construction of a portion of
Riverwalk as presented by a vote of 5-0. The motion was declared passed.
Mayor Phelps called for a short recess.
Mayor Phelps reconvened meeting.
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G. Consider approval of engineering contract for Lakeshore Pump Station
UpgradelImprovement and Combs Circle gravity sewer
Town Engineer Kenny Keel presented this Item for the Board's consideration.
Commissioner Lowen expressed his concerns with the Board changing and gomg with
upgrading the Pump Station rather than a gravity sewer for the Lakeshore outfall.
Commissioner Dancy agreed, and stated that she felt a gravity line would be better if it could be
placed underground and the existing wetlands rebuilt.
Commissioner Lloyd stated that she also feels that a gravity line would be better.
By consensus, the Board directed staff to make arrangements with the property owner for the
Board members to go out and tour the site.
H. Monthly Code Enforcement Update and status of the Cases that have been to Magistrates
Court
Fire Marshal/Code Enforcement Officer Todd Chavious presented his monthly update on code
violations.
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I. Discuss Date and Format for the FY05-07 Budgetary Retreat and Planning Session
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By consensus, January 31 st, 9:00 AM - 3:00 PM, was established as the date for the FY05-07
Budgetary Retreat and Planning Session and the Board agreed to use a Facilitator Format.
Mayor Phelps stated that he will see if the Piedmont Electric Conference Room is available.
J. 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 changes
and/or consider approval of this document in the form of a Motion
Management Intern Kent Wyatt reported on the Town's Emergency Response Plan. He reported
that he has consulted with both the Orange County EMS Director and the State EMS Director.
He stated that a hazard analysis is also included as part of the Plan and that critical areas of
responsibility are outlined.
Upon a motion by Commissioner Geringt seconded by Commissioner Lloyd, the Board moved
to approve the Town's Emergency Response Plan as presented by a vote of 5-0. The motion was
declared passed.
ADDED ITEM K. Temporary Structure at the Board of Education
Commissioner Gering reported that there is a double wide trailer behind the Board of Education
which is being used for classrooms for students that have been kicked out of other schools. He
suggested the Town Board meet with the School Board to see if there are any other options or a
resolution to this issue.
By consensus, the Board directed staff to draft a letter for the Mayor's signature to go to the
Board of Adjustment asking them to delay decision on the Board of Education mobile classroom
until the Town Board has had an opportunity to meet with the Board of Education to explore
options.
By consensus, the Board also directed staff to draft a letter for the Mayor's signature to go to the
Board of Education requesting a meeting to explore options.
9. ADJOURN
Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved
to adjourn at 11 :00 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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TOWN OF HlLLSBOROUGH BOARD OF COMMISSIONERS RESOLUTION
EXTENDING EFFECTIVENESS OF "ORDINANCE AMENDING TOWN OF
mLLSBOROUGH ZONING ORDINANCE TO TEMPORARILY SUSPEND THE
REVIEW, CONSIDERATION AND ISSUANCE OF PERMITS AND APPLICATIONS
FOR MANUFACTURING AND PROCESSING OPERATION INVOLVING
PETROLEUM PRODUCTS"
Dated: December l, 2003
WHEREAS, on April 22, 2003 the Town of Hillsborough Board of Commissioners
adopted an "Ordinance Amending the Town of Hillsborough Zoning Ordinance to Temporarily
Suspend the Review, Consideration and Issuance of Permits and Applications for Manufacturing
and Processing Operations Involving Petroleum Products" (the "Temporary Suspension
Ordinance"), which Ordinance was to expire at midnight on December 31, 2003 unless extended
prior to its expiration for a period not longer than six months by the Board of Commissioners;
and
WHEREAS, the Board of Commissioners has recently adopted an Ordinance to Prohibit
Manufacturing and Processing Operations Involving Petroleum Products, said Ordinance to
become effective on March 1, 2004; and
WHEREAS, the Hillsborough Planning Board is in the process of pr€paring for the Board
of Commissjoners' consideration a proposed ordinance which will amend the Table of
Permissible Uses for the Industrial'Districts ii1 Hillsborough's zoning jurisdiction and amend
some of the other regulations for industrial uses, and it appears that the proposed ordinance may
be ready for public hearing in January 2004 and for possible adoption in February 2004; and
WHEREAS, it appears to the Board of Commissioners that it is in the best interests of the
Town to provide for a coordinated timetable for the effectiveness or'the just-adopted Ordinance, ~
the proposed Ordinance, and the termination of the Temporary Suspension Ordinance so as to
avoid confusion and to ensure that the Town's effort to better regulate the types of uses allowed
in the Town's Industrial Districts and the permitting process for such uses.
NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of
Commissioners as follows:
That the effectiveness of the "Ordinance Amending the Town of Hillsborough Zoning
Ordinance to Temporarily Suspend the Review, Consideration and Issuance of Permits and
Applications for Manufacturing and Processing Operations Involving Petroleum Products",
adopted by the Hillsborough Town Board on April 22, 2003, is hereby extended until March I,
2004 - the effective date of Ordinance to Prohibit Manufacturing and Processing Operations
Involving Petroleum Products adopted by the Hillsborough Town Board on November 24, 2003,
unless sooner terminated or further extended by the Hillsborough Town Board prior to March 1,
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The foregoing Resolution on motion of Commissioner _ ;:;rAA/tES 1:>Rnc.y
seconded by Commissioner Ev'J$lVAJ th~.b . was adopted this 1st day of December. 2003,
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Ayes: S
Noes: ../r
Absent or Excused: .u-
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Donna Armbrister, Town Clerk
Dated: /tt -1);'- p,