HomeMy Public PortalAbout01-12-2004 Regular Session
.
.
.
10
Town
of
Hill~ .
MINUTES
HILLSBOROUGH TOWN BOARD
January 12, 2004
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on January 12, 2004 at 7:30 PM in the
Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and
Commissioners Mike Gering, Frances Dancy, Evelyn Lloyd, Eric Hallman, and Brian Lowen.
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 ManagerlPublic 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 7:31 PM.
1. PUBLIC CHARGE
Mayor Phelps did not read, but indicated that it would be followed.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
There were no audience comments.
3. AGENDA CHANGES & AGENDA APPROVAL
Mayor Phelps added an Amendment to the Agreement between Hillsborough and Durham
Establishing Conditions for the Purchase of Water as Item 9.K.
Mayor Phelps added a traffic light discussion as Item 9.1.
Mayor Phelps added discussion of Board seating arrangement as 9.M.
Mayor Phelps added the Monthly Code Enforcement update as Item to be heard during Closed
Session as potential litigation.
4. APPROVAL OF THE MINUTES OF THE SEPTEMBER 19, 2002 JOINT PUBLIC
HEARING; THE OCTOBER 24, 2002 JOINT PUBLIC HEARING; THE
NOVEMBER 24, 2003 WORKSHOP; AND THE NOVEMBER 24, 2003 WORKSHOP
CLOSED SESSION
Commissioner Dancy noted that in the Minutes of the November 24, 2003 meeting on page 3
the word "it" needed to be changed to ''that''.
11
.
Commissioner Gering noted that in the September 19~ 2002 Joint Public Hearing Minutes on
page 4 in the 6th paragraph the work "offer" needed to be changed to "offered".
Upon a motion by Commissioner Lloyd~ seconded by Commissioner Dancy~ the Board moved
to approve the Minutes of the September 19,2002 Joint Public Hearing; the October 24,2002
Joint Public Hearing, the November 24, 2003 Workshop; and the November 24, 2003
Workshop Closed Session with the aforementioned amendments by a vote of 5-0. The motion
was declared passed.
5. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson stated that he had no report.
6. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel updated the Board on 2003 sewer spills and all current water/sewer
projects.
Engineer Keel informed the Board that they are expecting a March completion date for the
Water Plant upgrades.
7. APPOINTMENTS
.
A. Appointment to Orange County Animal Shelter Task Force
By consensus~ the Board directed staff to inform Orange County that at this point we have no
nomination.
8. CONSENT AGENDA
A. Consider approval of the FCC 1240 maximum permitted Basic Service Tier Rate and the
FCC1235 "Add-on" rate applications and FCCl205 Equipment and Installation Rates
submitted by Time Warner Cable as compliant with FCC rate regulations and approved
subject to conditions
B. Consider authorizing release on maintenance bond for Phase 2a & 2b for Beckett's
Ridge
C. Consider approval of Town Code Amendment to Chapter 13 Cemeteries, to change the
wording "Town Clerk" to "Public Works Supervisor"
D. Consider approval of the addition of two Assembly of Governments meetings to the
Board's 2004 Meeting Schedule (Thursday, April 29th & Wednesday~ September 29~
and changing the March 220d Workshop to a Joint Meeting with Orange County
E. Consider approval of Miscellaneous Budget Amendments
Commissioner Hallman requested to remove Item A for separate consideration. This Item will
be moved to 9.AA
. Upon a motion by Commissioner Gering~ seconded by Commissioner Lowen~ the Board moved
2
.
.
.
12
to approve Consent Agenda Items 8.B - 8.E as presented by a vote of 5-0. The motion was
declared passed. A copy of the Ordinance amending Chapter 13 of the Town Code, a copy of
the revised Town Board meeting schedule, and a copy of the miscellaneous Budget
Amendments are hereby made a part of these official Minutes as Attachments.
Mayor stated that two legal matters need to be added to the Closed Session.
9. ITEMS FOR DECISION - REGULAR AGENDA
AA. Consent Agenda Item 8.A Consider approval of the FCCI240 maximum pennitted
Basic Service Tier Rate and the FCCI235 "Add-on" rate applications and FCCI205
Equipment and Installation Rates submitted by Time Warner Cable as compliant with
FCC rate regulations and approved subject to conditions
Commissioner Hallman expressed concerns with the proposed rate increase.
Town Manager Peterson stated that Action Audits reviews the fonnulas that Time Warner uses
to calculate their rate increases and in this case, they report that these calculations have been
done correctly. Peterson stated that he could arrange to have Bob Sepe from Action Audits
attend the February Board Meeting to answer any questions the Board may have.
By consensus, the Board authorized the Manager to make those arrangements and deferred
action on this Item until the February Regular Meeting.
A. Discuss proposal from Orange Rural Fire Department to use the Cornwallis Hills Water
Tank to place an antenna and small building to address radio/communications needs of
the Fire Department
Alois Callemyn and Pete Hollenbeck addressed the Board and explained the reasons behind
their request to use the Cornwallis Hills Water Tank to place an antenna and small building to
address radio/communications needs of the Fire Department. These improvements would
provide the Orange Rural Fire Department with additional radio channels that would assist the
department with operational issues and provide a secondary means of communications that
would yield additional points of future fIre ratings.
Todd Dickson, Myrtle Lane resident, addressed the Board and stated that the Cornwallis Hills
residents are not even allowed to have outside antennas on their homes, so he feels that there
will be concerns from other residents with this type of tower.
Commissioner Gering suggested that Mr. Dickson invite Mr. Callemyn and Hollenbeck to their
next Cornwallis Hills Homeowners Association meeting to discuss this issue.
Commissioner Dancy would like to see this issue move forward.
Commissioner Lloyd agreed.
Commissioner Lowen stated that Commissioner Gering's suggestion of the Cornwallis Hills
3
13
Homeowners Association meeting would be a great place to start.
. By consensus, the Board directed the Attorney to proceed with issue for Phase 2 only.
B. Consider which option to pursue to alleviate sewer overflow problems at Lakeshore
Drive Pump Station
Jimmy Gooch from the Water Sewer Advisory Committee requests that this item be delayed
until February. They also request that the Board approve the water restrictions as proposed and
feel that the County has had ample time to respond.
Town Engineer Kenny Keel stated that he agreed with the delay on a decision on this item since
he is still gathering information that should be ready by the February meeting.
Commissioner Gering thanked the Town Manager and Town Engineer for giving the Board
Members the tour of the property last Saturday.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to table decision on this Item until the February 9th meeting by a vote of 5-0. The motion was
declared passed.
Richard Flowe, representing Lakeshore Drive property owners, also requested that the Board
delay decision on this issue and provided that request in writing to the Town Attorney.
.
C. Consideration of Preliminary Subdivision plan for Kenion Grove to create 55 lots with
access to Revere Road and Cornelius Street
Planning Director Margaret Hauth presented the Preliminary Subdivision Plan for the Board's
consideration. She reported that the Planning Board reviewed the revised plans at their October
7, 2003 meeting. The Planning Board recommended approval of the revised plan by a 6-3 vote.
Planning Director Hauth summarized for the Board that Cluster subdivisions are permitted to
reduce the lot size up to 50% of what is otherwise allowed in the zoning district in return for
additional open space. No increase in the number of lots is permitted. The open space must
equal either 30% of the gross lot size of 100% of the gross lot size, plus the sum of all the
reductions to lot size taken, whichever is larger. In this case, 30% of the gross is larger than the
provided amount. Open space is not to be used for any particular purpose (i.e. not the same as
recreation space). The first four lots conform to R-20 cluster, and the remainder to R-lO
cluster. Sufficient open space is provided in this development to meet the 30% requirement.
Barbara Burger, resident, addressed the Board and again stated that she feels that this
development does not meet the requirements for a cluster development and requested a
moratorium on cluster developments. She asked the Board to consider the current residents and
not just the dollar value of this proposed development.
.
Edna Ellis, resident, addressed the Board and restated her concerns with the proposed
development. She reviewed information the Town Board and the Planning Board had been
4
.
.
.
'14
given since July 2003 that she did not feel the developers had studied.
Archie White, resident, addressed the Board and stated that he would prefer a traditional
development rather than a cluster development.
Town Attorney Bob Hornik reviewed the applicant's responses with the Board.
Commissioner Lowen stated that Kenion Grove has been before the Board too long and a
decision needs to be made. He also stated that he would like to see a commercial aspect to this
development, possibly on Hwy 70. He said that he feels this development could work.
Commissioner Dancy stated that she still has concerns with a full service access on Hwy 70
without a stop light.
Commissioner Gering stated that he is still greatly troubled by the cluster development aspects
and does not feel that they are being met. He agreed that the Board has taken a long time on
this project, but he does not feel the process has been too long. It has allowed time for all the
information to be gathered. He stated that he cannot support this development as proposed.
Commissioner Hallman stated that the connectivity of the site concerns him. He also indicated
that he does not feel the development meets the criteria of cluster development. He reported
that he is not supportive of the development as it is.
Commissioner Lloyd agreed, and stated that she also cannot support the development as
proposed.
Commissioner Dancy stated that she is trying to weigh all the legal issues. She also stated that
she does not believe that it meets the criteria of cluster development and that she cannot support
it either.
Mayor Phelps stated that he agreed with the other Board members on several issues. He
indicated that if he had a vote, he probably would approve with some conditions to prevent the
developers from having to go through the entire process again.
Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board
moved to deny the Preliminary Subdivision plan for Kenion Grove to create 55 lots with access
to Revere Road and Cornelius Street based on the Requirements of Town of Hillsborough
Subdivision Regulations Section 4.9.1, Section 4.9.5 B & E, and Section 4.9.5 Introduction by a
vote of 5-0. The motion was declared passed.
Mayor Phelps called for brief recess.
Mayor Phelps reconvened meeting.
D. Receive fiscal impact report on Peloquin annexation request
Planning Director Margaret Hauth presented the Annexation Fiscal Analysis for the Board's
5
.
.
.
15
consideration.
Parker Sniffen, Sear Brown representative. presented the proposed mixed use office. retail.
banquet hall and restaurant uses annexation project. He stated that Phase I would be completed
by fall of 2005 and Phase II by spring of2006.
Commissioner Gering said that he feels that it is an intriguing proposal and is in favor of
proceeding.
Commissioner Hallman stated that he likes the proposal and is also in favor of proceeding.
Commissioner Lowen stated that he agrees with Commissioners Gering and Hallman. He said
that he feels that this is truly a mixed use development.
By consensus. the Board directed staff to request a Petition for Annexation and schedule a
Public Hearing for the earliest convenient pre-scheduled meeting. possibly the March
Workshop.
E. Receive request from property owner to annex property on NC 86 South
Planning Director Margaret Hauth presented a request from Horace Grant. Sr. to have annexed
a 1.62 acre parcel containing a house immediately adjacent to the Hampton Pointe shopping
center for the Board's consideration.
Bert Maddox. representing Horace Grant, appeared before the Board and requested the Board
consider annexing Mr. Grant's property on NC 86 South and requested that the zoning be
changed to B-2 concurrent with the annexation.
By consensus, the Board directed the staff to prepare a fiscal analysis on the annexation and set
a Public Hearing.
F. Consider request for water and sewer service to the Edwards Tract (AKA Pathways &
Preserve)
Planning Director Hauth presented the request for water and sewer service to the Edwards Tract
for the Board's consideration.
Dawn Davis Heric. John R. McAdams Company, Inc. representative addressed the Board and
explained that Orange County has requested they provide three concept plans for their
consideration and one of these plans needs to have public water and sewer availability.
Commissioner Gering stated that his mind has not changed and he is not supportive of the
Pathways & Preserve project since it is as far out of Town as it is. It would also generate too
much traffic through Town.
Commissioner Lowen stated that he agrees with Commissioner Gering. and also does not want
to consider annexation of this property since it is not contiguous.
6
.
.
.
1'6
Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved
to authorize the Town Manager to inform Orange County that the Town is not interested in
providing water and sewer to the PathwayslPreserve development by a vote of 5-0. The motion
was declared passed.
G. Consider acceptance of water and sewer utilities for Wal-Mart development at Hampton
Pointe
Town Engineer Kenny Keel presented this Item for the Board's consideration and reported that
the water and sewer utilities for this development have been properly installed, and all
applicable submittals have been received. Keel informed the Board that upon acceptance, the
Town will own the facilities and be responsible for their operation, maintenance, and repair.
The warranty will protect the Town from the costs of repairs for the initial year.
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved
to accept the water and sewer utilities for the Wal-Mart development at Hampton Point by a
vote of 5-0. The motion was declared passed.
H. Consider approval of Proposed FY05 Budget Calendar
Town Manager Peterson reported that the May 12th date needs to be changed to May 10th.
By consensus, the Board approved the FY05 Budget Calendar as presented with the
aforementioned change.
I. Discuss the 250th Anniversary Celebration Committee composition
Town Manager Eric Peterson asked the Board to consider approving the proposed list of
representatives which were suggested by the Alliance for Historical Hillsborough which
included the following:
· All interested Town Board members
· Orange County Schools
· Board & Staff of the AHH Member Organizations
· Tourism Board
· Orange County
· Occaneechi-Saponi
· Churches
· West Hillsborough
· Fairview neighborhood
· Representation from new neighborhoods (Cornwallis Hills, Beckett's
Ridge, etc.
· Arts Community
· Long time residents
· Any other group or individuals that have an interest in planning the
celebration
7
.
.
.
By consensus, the Board approved the proposed lit of representatives as presented and
authorized the Town Manager to proceed.
Commissioners Lowen and Lloyd volunteered to serve on the 250th Anniversary Celebration
Committee.
J. Discuss the HOT TOPIC(S) for the January Workshop
By consensus, the Board decided to discuss Waterstone at the HOT TOPIC at the January
Workshop.
ADDED Item: Consider approval of Amendment No. 1 to Agreement between Hillsborough
and Durham Establishing Conditions for the Purchase of Water.
By consensus, Board moved to table decision to the February meeting and authorized placement
on the Consent Agenda.
ADDED Item: Traffic on New 86
Mayor Phelps requested the Board send a letter to NCDOT requesting light at the intersection
ofHwy 86 and Hwy 70 A.
Town Manager Peterson stated that the staff would draft a letter of request for the Mayor's
signature.
ADDED Item: Board seating arrangements.
Mayor Phelps suggested that the seating arrangements be rotated beginning with the next
meeting.
10. CLOSED SESSION
Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved
to go into Closed Session to Discuss a Personnel Matter and two Pending Litigation Issues by a
vote of 5-0.
11. ADJOURN
Upon returning to Open Session and upon a Motion by Commissioner Lowen, seconded by
Commissioner Dancy, the Board moved to adjourn the meeting at 11:15 PM by a vote of 5-0.
The otion~~
Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
8
.
.
~
17
AN ORDINANCE AMENDING CHAPTER 13 OF THE TOWN CODE
OF THE TOWN OF HlLLSBOROUGH
-I
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH
ORDAINS:
Section I.
Chapter 13, Cemeteries of the Hillsborough Town Code is hereby amended to
change the wording "Town Clerk" to "Public Works Supervisor".
Section 2.
All Provisions of any Town Ordinance in conflict with this Ordinance are
repealed.
Section 3.
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 M~ day of ::rAntl.4-~.;? O/J r/ .
Ayes: 0-
Noes: -e-
Absent or Excused 0-
42~~~!u
Donna F. Armbrister, Town Clerk
Town
· Hill~
18
BUDGET AMENDMENTS
JANUARY, 2004
GENERAL FUND BEFORE ADJ. AFTER
1. Revenue
10-3350-000 Miscellaneous $ 10..QQQ $ 1750 $ 11 750
~f Expenditure
() 10-5350-571 Fire Prot.-Misc.lWalmart Contrib. $ $ 1750 $ 1 750
To record receipt of Walmart donations to Fire Department
2. Revenue
10-3350-000 Miscellaneous $ 11 750 $ 4.206 $ 1 5 956
Expenditure
10-5550-160 M.Pool-Police Vehicle Repair $ 15,000 $ 4206 $ 19.206
. To fund receipt of reimbursed dollars from NC Interlocal Risk for damage to two police vehicles
3. Revenue
10-3350-000 Miscellaneous $ 15 956 $ 520 $ 16476
Expenditure
10-5130-160 Police-COPS/Equip. Repair & Instal $ Boo $ 520 $ 1 320
To fund ice storm reimbursement of COPS computer
4. Expenditures
10-5100-060 Police Admin.-Hospitalization $ 15,300 $ 9,600 $ 24,900
10-9990-000 Contingency $ 99.449 $ (9.600) $ 89,849
$114749 $ $ 114749
To fund the cost of hospitalization insurance for retirees Biggs and Holloway for 2003-2004
5. Expenditures
10-5350-572 Fire Protection/Rating Study
10-9990-000 Contingency
$
$ 89.849
$ 89 849
$ 2,000
$ (2.000)
$
$ 2,000
$ 87.849
$ 89 849
To fund fire rating stUdy
.
137 North Churton Street. Po. Box 429 . Hillsborough, North Carolina 27278
919-732-2104 . Fax 919-732-1028
19
.
----'
GENERAL FUND
6. Expenditures
10-4100-040 Gov. BOdy-Auditor Fees
10-9990-000 Contingency
BEFORE ~ mE!!
$ 18,000 $ 4,000 $ 22.000
$ 87.849 $ (4.000\ $ 83.849
$ 105 84~ $ $ 105.84!;l
To fund audit fees resulting from preparation of schedules caused by flooding of annex and GASB 34
7. Revenues
10-3480-600 Juvenille Enrichment Grant $ 900 $ 1,600 $ 2,500
10-3990-000 Fund Balance Appropriations $ 317.092 $ 900 $ 317.992 tI
$ 317.992 $ 2500 $ 320 49~
Expenditure
10-5130-580 Police-COPS/Juv. Enrich. Grant $ $ 2500 $ 2500
To bring forward balance of LLEBG fund from 2002-2003
8. Revenue
10-3480-600 Juvenille Enrichment Grant $ 2.500 $ 1500 $ 4000
. Expenditure "
10-5130-580 Police-COPS/Juv. Enrich. Grant $ 250Q $ 1.500 $ 4000 "'...--'
To budget 2nd year LLEBG allocation
WATER FUND
9. Revenue
30-3350-000 Miscellaneous $ 10 000 $ 738 $ 1 0 738
Expenditure
30-8200-570 WW Coil. -Miscellaneous $ 52QQ $ 738 $ 5938
Claims reimbursement for property damage due to sewer backup
CEDAR GROVE RESERVOIR
10. Revenue
60-3290-100 Interest Earned $420 000 $143 800 $563 800
Expenditure
60-8100-570 Misc. Contingency $200 000 $143800 $343 BOO
To fund interest earned to actual through 11/30/03
. ....~
.
20
CATES CREEK RESERVOIR
11. Revenue
61-3290-000 Interest Earned
BEFORE
AFTER
ADJ.
$
$ 28 000
$ 28 000
Expenditure
61-8280-570 Miscellaneous
$ 28 000
$ 153000
$125000
To fund interest earned to actual through 11/30/03
WWTP UPGRADE PROJECT
12. Revenue
62-3290-200 Interest Earned
$
$ 4600 $ 4600
$ 70,345 $ 684,760
$ 5,600 $ 34,600
$ 35,240 $ 35,240
$ (106.585) $
$ 4600 $ 754600
Expenditure
62-8220-720 Construction
62-8220-721 Eng. Services/Construction
62-8220-910 Transfer to W/S Fund
62-8220-570 Misc./Contingency
$ 614,415
$ 29,000
$
$ 106.585
$ 750 000
To fund interest to actual through 11/30/03 and correct expenditure budget line items to reflect actual.expenditures
. WATER FUND
13. Revenue
30-3960-000 Transfer from WWTP Upgrd Proj ~ $ 35.240 $ 35 240
Expenditure
30-8220-730 Capitallmprov./additional upgrade $ $ 35 240 $ 35 240
.
To close WWTP Upgrade project and transfer balance of funds to the water fund
GENERAL FUND
14. Revenue
10-3350-000 Miscellaneous $ 16.476 $ 1.821 $ 18 297
Expenditures
10-4200-540 Admin.-Insurance $ 184,000 $ 500 $ 184,500
10-5550-170 Motor Pool-Street Veh. Repair $ 10.000 $ 1.321 $ 11 .321
$194000 $ 1 821 $ 195 821
WATER FUND
Revenue
30-3350-000 Miscellaneous $ 10,738 $ 702 $ 11,440
30-3990-000 Fund Balance Appropriated $ 399.560 $ (702) $ 398.858
$ 410 298 $ $ 41 0 298
To r~cord reimbursement for damage~ vehicles and the sale of scrap water meters
.
GENERAL FUND
15. Revenue
10-3350-000 Miscellaneous
10-3990-000 Fund Balance Appropriated
WATER FUND
Revenue
30-3350-000 Miscellaneous
30-3990-000 Fund Balance Appropriated
To record receipts for sale of surplus property
CAPIT AL RESERVE
16. Revenue
70-3290-000 Interest Earned
70-3360-000 Contribution/Developers
Expenditure
70-6900-730 Capital Improvements
21
$ 18,297
$ 317,992
$ 336.289
$ 16,243
$ (16.243)
$
$ 34,540
$ 301.749
$ 336.289
$ 11 ,440
$ 398.858
$ 410 298
$ 5,626
$ (5,626)
$
$ 17,066
$ 393,232
$ 410298
$ 40,323
$ 382.445
$ 422.768
$ 4,400
$ 583.745
$ 588.145
$ 44,723
$ 966.190
$ 1 010913
$ 2.768
$ 588.145
$ 590913
. To fund actual receipts for interest earned through 11/30/03 and contributions from Developers through 6/30/03
.
APPROVED: ? 0
rJt/
0/-/2, -0 t/
VERIFIED:
D nna F. Armibrister, Town Clerk