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HomeMy Public PortalAbout04-12-2004 Regular Session . . . 151 Town of H],~- gh MINUTES HILLSBOROUGH TOWN BOARD April 12, 2004 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on April 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, 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 7:30 PM. 1. PUBLIC CHARGE Mayor Phelps did not read, but indicated that it would be followed. 2. VOLUNTEER INTERVIEWS A. Interview Andrew deGranpre for appointment as Clock Winder for the Town Clock Andrew deGranpre appeared before the Board and informed them that he would need to withdraw his application since he has accepted other employment and will be moving out of town. B. Interview Bev Scarlett for appointment to the Margaret Lane Cemetery Committee The Town Board interviewed Margaret Lane Cemetery Committee volunteer Bev Scarlett for appointment. C. Interview Joe Rees for appointment to the Margaret Lane Cemetery Committee The Town Board interviewed Margaret Lane Cemetery volunteer Joe Rees for appointment. 3. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA The Mayor announced that there is a full agenda for the evening and asked for Board agreement to go until 10:00 PM and then go into Closed Session. The Board agreed. . . 152 The Mayor noted that the majority of the public signed up to speak wished to talk about the Town Cemetery. He stated that they would be limited to no more that 3 minutes each. Geraldine Cole, addressed the Board and expressed concerns with the grave of Karen Wilkins which has standing water on the grave and she expressed the wishes of the family to have the grave moved. Sandra Hall addressed the Board asking if flowers will be allowed during mowing season. Sylvia Kernodle appeared before the Board and also inquired about flowers. She stated that it should be the family's responsibility to take the old flowers off of graves. She said that she feels that Public Works employees should be mowing because her tax money pays their salary instead of having inmate labor. Ann Martin stated that she said all she had to say to the News of Orange last week. Jackie George agreed with Ms. Cole regarding the standing water. Carolyn Lane addressed the Board and stated that her family member's marker is chipped. Angela Campbell- her family member's marker is cracked and the vase is broken off. Hugh Irby addressed the Board and stating that his wife of 53 years is buried in the Town Cemetery and he has witnessed backhoes running over tombstones. Jackie Collins addressed the Board stated that she agrees with all the statements made earlier. She said that she is upset that the temporary marker the Funeral Home placed has been destroyed. Hannah Collins appeared before the Board and stated that the inmates need to be supervised while they are mowing in the Town Cemetery. Thelma Hollman stated that she agrees with the other persons which have spoken. Commissioner Lowen said that he felt the Board needs to reiterate what the existing policy is. He stated that it has never been the policy of the Town that no flowers could be placed on graves. The Mayor asked Assistant Town Manager/Public Works Director Demetric Potts to elaborate on the Cemetery policy. Assistant Town Manager/Public Works Director Demetric Potts reviewed the Cemetery Ordinance for the Board and the audience. Commissioner Gering suggested the placement of a dumpster in the Cemetery for citizens to use. Jackie George asked what the Town plans to do for the grave which has standing water. Mayor . Phelps indicated that the Town staff would be researching the problem. 2 . . . 153 Ann Martin stated that a brick wall needs to be erected between the cemetery and the car wash to keep the kudzu out. By consensus, the Board directed staff to address the issues of vandalism, broken monuments, and the water drainage issues. By consensus, the Board agreed to further discuss these issues and the date for that will be set later. 4. AGENDA CHANGES & AGENDA APPROV AL Commissioner Gering asked to add a discussion of a HUD 202 as Item IO.V. The Board agreed. Town Engineer Kenny Keel stated that Item 10.P can be deleted from this agenda. Commissioner Hallman stated that 10.J can also be deleted from this agenda Commissioner Lowen asked to add a discussion of F.P. Johnston leaving. This was added as Item 10.L. Commissioner Lowen also asked to give an update on the 250th Anniversary Celebration. By consensus, the Board agreed to add this as Item 9.C. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Agenda with the aforementioned additions by a vote of 5-0. The motion was declared passed. 5. APPROVAL OF THE MINUTES OF THE MARCH 8, 2004 REGULAR BOARD MEETING, THE MARCH 8, 2004 CLOSED SESSION, THE MARCH 29, 2004 PUBLIC HEARING AND NON-PROFIT AGENCY REQUESTS MEETING The Board reviewed the draft Minutes and made revisions. Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to approve the Minutes of the March 8, 2004 Regular Board Meeting, the March 8, 2004 Closed Session, the March 29, 2004 Public Hearing and Non-Profit Agency Requests Meeting with the aforementioned revisions by a vote of 5-0. The motion was declared passed. 6. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reminded the Board of the Retirement Reception for Finance Director Sherry Carter on April 15th. Manager Peterson reported that Planning Director Margaret Hauth is currently researching how other municipalities regulate Newspaper stands. Her findings will be reported to the Board upon completion and may give some insight on how to handle the numerous Newspaper stands on Churton Street. 3 . . 154 Peterson reported that he anticipates getting the proposed Budget to the Board for their review by May 1 st. Peterson informed the Board that he is obtaining quotes for refrigerator magnets with the Town's important contact and emergency numbers on them. Commissioner Lowen suggested using the 250th logo on them and the Manager stated that it would be looked into. 7. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented a status report on all current water and sewer projects. 8. APPOINTMENTS A. Re-appointment of Lauri Michel to serve another 2- Year Term on the Tourism Board with a Term Expiring 03-2006 Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to re-appoint Lauri Michel to serve another 2- Y ear Term on the Tourism Board with a Term Expiring 03-2006 by a vote of 5-0. The motion was declared passed. B. Appointment of Bev Scarlett to the Margaret Lane Cemetery Committee with a Term Expiring 04-2007 Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to appoint Bev Scarlett to the Margaret Lane Cemetery Committee with a Term Expiring 04- 2007 by a vote of 5-0. The motion was declared passed. C. Appointment of Joe C. Rees to the Margaret Lane Cemetery Committee with a Term Expiring 04-2007 Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to appoint Joe C. Rees to the Margaret Lane Cemetery Committee with a Term Expiring 04- 2007 by a vote of 5-0. The motion was declared passed. D. Appointment of Andrew deGranpre as a Clock Winder for the Town Clock Andrew deGranpre withdrew his volunteer application. 9. RESOLUTIONSIPROCLAMA TIONS A. Approval of a Proclamation declaring April 2004 to be Sexual Assault Awareness Month Krista Park from the Rape Crisis Center appeared before the Board and thanked them for their . assistance in raising awareness of sexual violence. 4 . . . 155 Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Proclamation declaring April 2004 to be Sexual Assault Awareness Month as presented by a vote of 5-0. The motion was declared passed. A copy of the Proclamation is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 8. Approval ofa Proclamation declaring May 8-16, 2004 to be National Tourism Week Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Proclamation declaring May 8-16, 2004 to be National Tourism Week as presented by a vote of 5-0. The motion was declared passed. A copy of the Proclamation is hereby incorporated by reference and made a part of these official Minutes as an Attachment. ADDED ITEM C. Commissioner Lowen updated the Board on the 250th Anniversary Committee. He explained that a subcommittee was formed to decide on a banner for the occasion. He showed the Board the banner which was selected. Lowen reported that the Committee would like to hang the banners from Ray Motor Company all the way through town to Hwy 70. 10. ITEMS FOR DECISION - REGULAR AGENDA A. Discuss review of Noise Ordinance provisions and possible changes Planning Director Margaret Hauth presented this Item for the Board's consideration. She reported that she had conducted a telephone survey of surrounding jurisdictions regarding noise limitations. She summarized that construction noise and its regulation vary greatly among the jurisdictions she spoke with, and the 5:30 AM start the Town currently allows is not shared by any of them. Hauth stated that Construction noise was a significant issue for residents of Beckett's Ridge during the construction of the Super Wal-Mart in Hampton Pointe. With remaining sites in that development, plus the Phase 3 of Old Mill, and the future construction in Waterstone, she is suggesting that the Town re-visit our current regulations. Jacki Rosati, Beckett's Ridge resident, addressed the Board and mentioned that she has experienced construction noise after 9:00 PM. She suggests that there may need to be a better way of educating the construction companies on what the Ordinance states. After some discussion, and upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the Ordinance amending Section 5-3 of the Town Code limit construction operations hours on Mondays - Fridays to 7:00 AM - 8:00 PM, on Saturdays and on Holidays from 8:00 AM - 7:00 PM, and on Sunday from Noon - 6:00 PM by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 8. Presentation on Walkable Hillsborough Day Holly Reid addressed the Board and invited them to participate in Walkable Hillsborough Day which will be on June 5th. 5 156 . Commissioner Lloyd asked them to consider incorporating a statement on their flyer regarding the Town's 250th Anniversary Celebration. C. Presentation from Captain Judy Jacobs on the Police Department's effort to become an Accredited Department from CALEA Police Captain Judy Jacobs reported to the Board on the Police Department's Accreditation Program. She stated that the Accreditation Program has state of the art standards. It lays the foundation for top notch policies and procedures. Accreditation recognizes a law enforcement agency as maintaining standards that qualifY officers for professional practice. Police Intern Crissy Berst reviewed the Accreditation benefits. She noted them as being: 1) Accreditation makes it easier for agencies to purchase police liability insurance; allows agencies to increase the limit of their insurance; and in many cases, results in lower premiums; 2) Accredited agencies are better able to defend themselves against lawsuits and complaints; 3) Accreditation standards give the Chief a proven management system of written directives, training, clearly defmed lines of authority, and routine reports that support decision-making and resource allocation; 4) Accreditation provides objective evidence of an agency's commitment to excellence in leadership, resource management, and service delivery. Thus government officials are more confident in the agency's ability to operate efficiently and meet community needs; 5) Accreditation embodies the precepts of community-oriented policing. It creates a forum in which police and citizens work together providing clear direction about community expectations. . D. Consideration of Ordinance annexing the Grant property: 1.62 acres at 2101 NC 86 S. Planning Director Margaret Hauth reported to the Board that Mr. Grant has asked that his application be withdrawn at this time. By consensus, the Board accepted the withdrawal. E. Consideration of an Ordinance zoning 1.62 acres owned by Horace C. Grant, Sr. as Limited Office By Board consensus, this Item was deleted. Items F, G, H, and I were discussed at the same time. Planning Director Hauth stated that the Planning Board recommended approval of the Master Plan. Commissioner Lowen stated that he is hesitant to vote on this project until after the NCDOT meeting regarding the Elizabeth Brady Road Project. Commissioner Hallman stated that he would like to go ahead with the vote since it is unlikely that NCDOT will answer the Elizabeth Brady Road Project question for several years. . Jeff Peloquin, developer, stated that he would be willing to wait 30-60 days to see if NCDOT makes a decision. 6 157 . By consensus, the Board deferred these items to the Public Hearing Agenda. F. Consider approval of Water/Sewer Extension Contract for Fox Haven Office Park and Townhomes Project This Item was deferred to the April 27th Joint Public Hearing. G. Consideration of an Ordinance annexing Fox Haven: 17.6 acres on the north side of US 70 A near Elizabeth Brady Road This Item was deferred to the April 27th Joint Public Hearing. H. Consideration of an Ordinance to zone Fox Haven Entranceway Special Use This Item was deferred to the April 27th Joint Public Hearing. 1. Consideration of a Resolution approving the Master Plan for Fox Haven This Item was deferred to the April 27th Joint Public Hearing. J. Discuss the request from the Downtown Merchants Association to locate an information Kiosk in the downtown area . This Item was deleted from the Agenda earlier in the meeting. K. Receive recommendations from Water/Sewer Advisory Board regarding water restrictions and minimum billing requirements Mayor Phelps reviewed the recommendations with the Board. Commissioner Hallman reported that he is meeting with Orange County Commissioner Halkiotis to discuss this issue. The Board took no action. L. Discuss possible dates for a Joint Meeting with the Chamber of Commerce, the Orange County Economic Development Commission, Waterstone, and the Town to Discuss ways to attract and maintain businesses Mayor Phelps suggested waiting until after the Budget adoption, possibly late June or early July. The Board decided to try for June 28th, July 19th, or July 26th. 1st choice is July 19th, 2nd choice is June 28th, and 3rd choice is July 26th. . ADDED ITEM: Commissioner Lowen - Business Retention 7 . . . 158 Commissioner Lowen inquired regarding what the Town Board knew about the F. P. Johnston business leaving and what we could have done to prevent it. Town Manager Peterson reported that the Board had been made aware of the possibility ofF.B. Johnston relocating out of state in February of 2002 and that he had discussions with Diane Reid from Orange County Economic Development regarding the County's efforts to make Hillsborough a more attractive option for the company. Commissioner Lowen expressed his desire for the Town to add someone on the Town's staff to work on Economic Development and market Hillsborough to bring in new business. M. Consider Orange Correctional Center Inmate Placement Assistant Town ManagerlPublic Works Director Potts presented this Item for the Board's consideration reporting that Orange Correctional Center is asking the Town to relax their usage policy of misdemeanor assault background inmates. He explained that currently the Town has an agreement with Orange Correctional Center to employ twelve (12) inmates to assist in the Public Works Department, Utilities Department, and Finance Department (Meter Readers) in providing their services to the public. Town policy for inmate placement requires that Orange Correctional not place with the Town any inmates that have committed crimes that were assaultive, violent, or sexual in nature. Orange Correctional Center has requested that the Town Board consider the possibility of placement of inmates with misdemeanor assault or maybe someone who committed an assault in previous years but the crime was not violent in nature. Crimes that would not be considered for placement are: Murder, Robbery with a dangerous weapon, Assaultive with the intent to inflict serious injury, Assault with a deadly weapon, Assault on a government official, Assault with the intent to kill, and Sexual offenses. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to relax the inmate placement policy to allow the placement of inmates with misdemeanor assault convictions or maybe someone who committed an assault in previous years but the crime was not violent in nature by a vote of 5-0. The motion was declared passed. N. Update on nuisance enforcement within the Extraterritorial Planning Jurisdiction Planning Director Margaret Hauth reported that at a joint meeting with the Board of Orange County Commissioners, junk car enforcement in the ET J was discussed. The Hillsborough Zoning Ordinance addresses storing junked cars to fill the gap created with Orange County addressing it only in their Zoning Ordinance. She stated that the Town has occasionally used that section of the Ordinance in the ETJ. After the joint meeting, an additional complaint was received about a second location. Two initial contact letters have been sent to both addresses, giving them 30 days to correct the violation. A final notice will be sent if there is no response within that timeframe. O. Consider approval of Change Order #1 for Lakeshore Outfall Project engineering design Town Engineer Kenny Keel presented this Item for the Board's consideration explaining that 8 . . . 159 the Lakeshore Outfall project has experienced additional engineering needs due to unforeseen changes to the project, delays, and further evaluation of other options that were ruled out initially. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to approve Change Order #1 for Lakeshore Outfall Project engineering design by a vote of 5-0. The motion was declared passed. P. Consider acceptance of utilities at Churton Grove Commercial Center and start of one- year warranty period This Item was deleted from the Agenda earlier in the meeting. Q. Monthly Code Enforcement Update Fire Marshal/Code Enforcement Officer Todd Chavious reported that he is working on a new report format which will show all actions and be easier to read. R. Update on the Library Services Task Force The Board was informed that the Library Services Task Force meeting location and time is not yet known and should be determined at the next County meeting. S. Discuss the April Workshop The Board was informed that the scheduled date for the April Workshop which is April 26th is the same night as the Public Hearing for the Police Accreditation. By consensus, the Board agreed to cancel the April Workshop and allow the Police Department to use the Town Barn for the Public Hearing. T. Discuss and consider supporting an effort to allow firefighters in volunteer departments to be eligible to participate in the State Retirement System Commissioner Hallman stated that he would rather wait and see what happens with the legislative bill. Commissioner Dancy stated that a vote would show the Town's good faith effort. Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board authorized Mayor Joe Phelps to send a letter to Congressman Price, on behalf of the Town Board, asking him to support H.R. 1884 by a vote of 5-0. The motion was declared passed. U. Consideration of an Ordinance to Amend Chapter 4 of the Town Code acknowledging the Town's Auxiliary Police Division Town Manager Peterson reported that pursuant to G.S. 160A-282, the municipality needs to have an Ordinance in place that authorizes auxiliary police. Otherwise, the police will be 9 160 considered a part-time officer and be severely limited in the amount of eligible benefit. . Town Attorney Bob Hornik: stated that this amendment would make the Town Code consistent with the State Code. Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adopt an Ordinance to Amend Chapter 4 of the Town Code acknowledging the Town's Auxiliary Police Division by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby incorporated by reference and made a part of these official Minutes as an Attachment. ADDED ITEM IO.V. HUD 202 Commissioner Gering reported that he visited the Manley Estates last week and toured the facility with Orange Congregations in Mission and the Interfaith Council and a representative from the Council on Aging. He stated that they are anxious to begin this project since the cycle for applications has a deadline of June for having a site selected and under control. The next step will be to do a site selection. Very soon the Department on Aging will be asking the Town to participate in that site selection Committee. Commissioner Gering requested that the Board authorize him to serve on that Site Selection Committee once it is formed. . Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to appoint Commissioner Gering to be the Town's representative on the HUD 202 Site Selection Committee by a vote of 5-0. The motion was declared passed. 11. CLOSED SESSION A. Closed Session for the purpose of discussing potential litigation regarding the Colonial Inn 8. Closed Session for the purpose of discussing potential litigation regarding meter tampering and sewer usage theft Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to go into Closed Session for the purpose of discussing potential litigation regarding the Colonial Inn and Water Meter Tampering and Sewer Usage Theft by a vote of 5-0. The motion was declared passed. 12. ADJOURN Upon returning to Open Session, and upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd the Board moved to direct staff to coordinate efforts related to the condition of the Colonial Inn by a vote of 5-0. The motion was declared passed. Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to pursue assessment of civil penalties pursuant to the Demolition by Neglect Ordinance by a . vote of 5-0. The motion was declared passed. 10 . . . 161 Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to adjourn at 11:10 PM by a vote of5-0. The motion was declared passed. tbi~ Donna F. Armbrister, CMC Town Clerk 11 . . . 162 Sexual Assault Awareness Month Proclamation . April 2004 WHEREAS. 425 primary and secondary survivors of sexual violence sought assistance from the Orange County Rape Crisis Center during 2003. (Orange County Rape Crisis Center Annual Report) WHEREAS, 1 in 5 North Corolina women have been sexually assaulted at some point in their fIVes (NC Department of Health and Human Services 1999); and WHEREAS. in the United States rape Is 1he most cos1Iy crime to its victims totaling $127 billion a yea considering factors such as medical cost. lost earnings. pain, suffering and lost qua6fy of life (US. Department of Justice. 1996); and : .-: WHEREAS, in the United States 1 in 6 women and I in 33 men has experienced a completed or attempted rape at sometime in their fife (US Department of Justice 1998); and WHEREAS, in arec~nt',suP,ley, 97% of parents surveyed by the: Kaiser Family Foundation wanted sex education to Include what their teen should do if raped. (Henry J. Kaiser Family foundation September 20(0); and WHEREAS, there are 5,915 sex offenders and sexual predators registered as living in North Carolina (State Bu(eau of Investigation 2002); ! WHEREAS, the Ormge Counfy Rape Crisis Genter. a non-profit. volunteer agency which has been -serving this community since 1974. is commemorating 30 years of WOI1dng to stop sexual violence and its impoct 1hrough support. education and advocacy. NOW. TH~REFORE. I. Joe Phelps, Mayor of the Town of Hillsborough. NC. I do hereby proclaim 1he month of AprD 2004 as "SEXUAL ASSAULT AWARENESS MONTH." I encourage all ciflzens to speak out against sexual assault and support their local communities' efforts to provide services to victims of this heinous crime. rC? ~PS.May~ ,"',.....",' ", HI 'I, ........ Of LLS,b "" " ~ q.~'''' .... ,-~ ... ~ ,- ... ~ ' ~c ~~~ ...~ Tvw11 _... :., G)= ~ Lillis . %~ ~ 11~~ _ ... --Jd ... -;. .,y~ ~ ~ ~~~ ...... ~ " ~" CARO'S ,..' '" \\\ 111'/111111\\ Town of ~ill~ 163 NATIONAL TOURISM WEEK PROCLAMATION May 8-16, 2004 WHEREAS, the travel and tourism industry supports the vital interests of Hills borough and Orange County contributing to our employment, economic prosperity, understanding, and goodwill; and WHEREAS, total domestic tourism in Orange County generates an economic impact of more than $111 million, ranking the county 22 out of 100 counties in 2002; and WHEREAS, state and local tax revenues from travel to Orange County amounted to $8.96 million in 2002 representing a $73 tax saving to each county resident; and . WHEREAS, more than 1,710 jobs in Orange County were directly attributable to travel and tourism; and WHEREAS, travel generated a $25.89 million payroll in 2002 WHEREAS, our area attractions, welcome centers and tours hosted more than 1.3 million visitors in 2003; and WHEREAS, as people throughout the town, state, country and world become more aware of the outstanding cultural, historical, and recreational resources available in Hillsborough and Orange County, and travel and tourism will become an increasingly important aspect in the lives of our citizens; and WHEREAS, given these laudable contributions to the economic, social, and cultural well being of the citizens of HilIsborough' it is fitting that we recognize the efforts of the Chapel Hill/Orange County Visitors Bureau and the importance of travel and tourism; NOW THEREFORE, WE, the HiJlsborough Town Board do hereby proclaim May 8 - 16, 2004 as NATIONAL TOURISM WEEK in Hillsborough and recognize that Tourism Works in Orange \\\~~~!"'II "''''''''Of HlLLS":",,,- ...... ~ Q"~'" ~~~ ~-:. Jf2 ~ ~l ~~ i ~Q ~.:- ';;,~ CARO~~"'..' '" \,x "1111",1\\ . . - 164 AN ORDINANCE AMENDING SECTION 5-3 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 5-3.1 of the Town Code is amended to read as follows: Construction operations from 7-'PlJ/fm - ~:t)o Pm on weekdays, 8:oolll?/ - 7.~ 'p/Yl on Saturdays and holidays, and HtJlI,V- /;.'t>t> ,I'm on Sundays for which building permits have been issued or construction operations not requiring permits, provided that all equipment is operated in accordance with the manufacturer's specifications and with all standard equipment manufacturer's mufflers and noise-reducing equipment in use and properly operating condition. Section 2. Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed. 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 12th day of April, 2004. Ayes: 5" Noes: -&- Absent or Excused: ..&J- Town of lfIilll 165 April 19, 2004 The Honorable David Price 4th Congressional District of North Carolina 2162 Rayburn House Office Building Washington, DC 20515 Dear Congressman Price: I am writing today tp ask for you to co-sponsor and support H.R, 1884. This bill, if passed; will have a positive impact on volunteer fire departments, which employ full-time staff members and are under contract with local government to provide fire protection servIces. . Currently, employees of those contract fire departments are not eligible to participate in the North Carolina Local Governmental Employee's Retirement System. This inequity often leaves these employees with no retirement benefits or at best a locally administered individual retirement account. Passage of H.R. 1884 will allow employees of these contract fire departments to participate in the North Carolina Local Gove~ental Employee's Retirement System. The employee and the contract fire department will make contributions to the system. Again, I am asking you to co-sponsor and support H.R. 1884 and I look forward to your response to this important issue. Sincerely, ~ Town of Hillsborough . Town of ~l!~ 166 AN ORDINANCE AMENDING SECTION 3-16 OF THE HILLSBOROUGH TOWN CODE REGARDING AUXILIARY LAW ENFORCEMENT PERSONNEL THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS AS FOLLOWS: Section 1. North Carolina General Statutes Section 160A-282(a) and (b) authorizes the Town, by Ordinance, to provide for the organization of an auxiliary police department and to provide that, while undergoing official training and while performing duties on behalf of the Town pursuant to orders or instructions of the Chief of Police, auxiliary law enforcement personnel shall be entitled to benefits under the North Carolina Workers' Compensation Act and to any fringe benefits for which such volunteer personnel qualify. Section 2. follows: Hillsborough Town Code Section 3-16 shall be amended to read as . (a) The Town Police Department may organize, or participate in the organization of, an auxiliary police department made up of volunteer members, who shall be subject to the Town's personnel policy for similar types of volunteers to the extent provided in the Hillsborough Town Code. (b) Auxiliary law enforcement personnel shall be appointed by the Chief of Police, subject to the Town Manager's approval. All such personnel shall be duly certified by the North Carolina Criminal Justice Training and Standards Council in order to qualify for appointment. (c) While undergoing official training and while performing official duties on behalf of the Town pursuant to orders and instructions of the Chief of Police, auxiliary law enforcement personnel shall be entitled to benefits under the North Carolina Workers' Compensation Act and to any fringe benefits for which such volunteer personnel qualify. Section 3. repealed. All provisions of any town ordinance in conflict with this ordinance are Section 4. This ordinance shall become effective upon adoption. . 137 North Churton Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-2104 · Fax 919-732-1028 . . . 167 The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this ~;f/, day of 4pv I , 2004. Ayes: 0- Noes: r Absent or Excused: If' Dated: tl4-/2" ()I L~~ onna Armbrister, Town Clerk 2