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HomeMy Public PortalAbout05-10-2004 Regular Meeting 16a . Town of Hill~ MINUTES HILLSBOROUGH TOWN BOARD May 10,2004 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on May 10, 2004 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Brian Lowen, Frances Dancy, Michael Gering, Eric Hallman, and Evelyn Lloyd. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Police Chief Nathaniel Eubanks, Assistant Town Manager/Public Works Director Demetric Potts, Fire Marshal/Code Enforcement Officer Todd Chavious, Town Engineer Kenny Keel, Finance Director Greg Siler, and Town Attorney Bob Hornik. Mayor Joe Phelps called the meeting to order at 7:32 PM. 1. PUBLIC CHARGE Mayor Phelps did not read the Public Charge, but indicated that it would be followed. . 2. VOLUNTEER INTERVIEWS A. Interview and consideration of appointment of 2 volunteers to fill two in-town seats on the Board of Adjustment The Board interviewed Al Hartkopf. Todd Goodson was not present to be interviewed. 3. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA Will Atherton addressed the Board regarding water rates. He asked the Board to consider earmarking funds to have a water/sewer rate study done. 4. AGENDA CHANGES & AGENDA APPROV AL Town Manager Eric Peterson added an update on recycling by Orange County Solid Waste representatives to the Agenda. The Mayor stated that the Board would hear this item as soon as the representatives from the County arrived at the meeting. . Mayor Phelps added an update on Waterstone to be heard before Item II.A. . . . 169. " 5. APPROVAL OF THE MINUTES OF THE APRIL 12, 2004 REGULAR BOARD MEETING AND THE APRIL 12,2004 CLOSED SESSION Commissioners Dancy and Hallman noted typographical errors. Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to approve the Minutes of the April 12, 2004 Regular Board Meeting with the aforementioned amendments and the Minutes of the April 12, 2004 Closed Session as presented by a vote of 5-0. The motion was declared passed. 6. REPORT FROM THE TOWN MANAGER Town Manager Peterson reminded Board Members of the upcoming Budget Meetings. 7. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented an update on all current water and sewer projects. 8. PRESENTATION A. Request to be heard by the Purefoy Family regarding water rates Angela Edgehill-Purefoy, resident of Wildwood, asked the Board if the Town plans to do anything to change the rising water rates. She stated that her monthly bill has increased drastically over the past couple of months. Manager Peterson informed Ms. Edgehill-Purefoy that there has not been any rate increase recently and he suggested that she contact Finance Director Greg Siler who can have her water meter tested and/or replaced and see if that solves her problem. Rashii Purefoy, resident of Daye Street, stated that her monthly water bill has increased from $45 to $95 in the past six months. Mayor Phelps suggested that she also contact Greg Siler so he can have the water meter tested. 9. APPOINTMENTS A. Appoint Todd Goodson to a three-year term on the Board of Adjustment Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to appoint Todd Goodson to a three-year term on the Board of Adjustment with the term expiring May 31, 2007 by a vote of 5-0. The motion was declared passed. B. Appoint AI Hartkopfto a three-year term on the Board of Adjustment Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to appoint AI Hartkopf to complete an unexpired three-year term on the Board of Adjustment 2 . . . 17f) with a term expiring November 30, 2005 by a vote of 5-0. The motion was declared passed. C. Re-appoint Todd Goodson to a second full term on the Historic District Commission with a term ending March 30, 2007 Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to re-appoint Todd Goodson to a second full term on the Historic District Commission with a term ending March 30, 2007 by a vote of 5-0. The motion was declared passed. 10. RESOLUTIONSIPROCLAMATIONS A. Resolution honoring the public service of Wendy Olson Planning Director Margaret Hauth informed the Board that the Resolution would be delivered to Brian Dodge, Wendy's husband. Commissioner Gering read the Resolution. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to adopt the Resolution as read by a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby incorporated by reference and made a part of these official Minutes as an Attachment. B. Resolution to proclaim June 5 2004 Walkable Hillsborough Day Mayor Phelps read the Proclamation. By consensus, the Board approved the Proclamation as read. A copy of the Proclamation is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 11. ITEMS FOR DECISION - REGULAR AGENDA ADDED ITEM Waterstone Tim Michael, McAdams Engineer, appeared before the Board to answer any questions they might have regarding the Waterstone project. There were no questions. ADDED ITEM Orange County Recycling Assistant County Manager Rod Visser and Solid Waste Management Director Gayle Wilson presented a report on Waste Reduction, Reuse, and Recycling Fees. They reported that Orange County will be instituting a Recovered Material Fee which will be assessed on the tax bills that will be sent out this fall. The fee is based on a tiered structure depending on single family/multifamily/urbanlrural units. A copy of the handout they provided is hereby incorporated by reference and made a part of these official Minutes as an Attachment. 3 . . . 171 Commissioner Hallman stated that this fee is very aggressive and asked that the County take into consideration Hillsborough's residents that are on fixed incomes. Rod Visser reported that County staff are proposing that if residents cannot afford to pay the fee, and meet certain criteria, they may be eligible for some assistance through the County. Mayor Phelps asked that the County take a look at the fact that the Town is also continuing to pay a tipping fee. A. Consider a request from the Cornwallis Hills' Property Owners Association for waivers on Capital Facility Fee, lateral/connection, and other charges for the installation of three water meters Al Hartkopf addressed the Board on behalf of the Cornwallis Hills' Property Owners Association and made the request for the waiver on Capital Facility Fees, lateraVconnection, and other charges for the installation of three water meters to be used for Landscaping purposes. Town Attorney Bob Hornik stated that aside from the precedent it would be setting, it could be viewed as a gift. The Attorney indicated that he does not believe that the Board has the authority by State Statute or Town Code to grant the request. Commissioner Dancy stated that she had strong feelings about the Board granting the waiver of these fees considering the existing high water rates. Commissioner Hallman agreed with Commissioner Dancy. He stated that he did not feel it would be right. Commissioner Lowen said if the Town Attorney could find a way to assist them and not get the Town into legal problems, he would consider it. Commissioner Gering stated that as a matter of policy it would be a bad precedent to set and would just not be fair. The Board took no action on this Item. B. Consideration of an Ordinance to amend the Zoning Map and rezone 12.2 acres owned by the Eno River Association on the south side ofDimmocks Mill Road from Light Industrial to Agricultural-Residential (TMBL 4.38.B.I0b) Planning Director Margaret Hauth introduced this Item by explaining that this is the parcel acquired by the Eno River Association in their continuing efforts to protect the Eno River Valley. They stated at the Public Hearing that they have no desire to develop the property. The parcel was downzoned to Light Industrial during the industrial re-write, and the owners have asked for further downzoning. 4 . . . 172 Planning Director Hauth reported that the Planning Board unanimously recommended approval of this request. Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to adopt the Ordinance to amend the Zoning Map and rezone 12.2 acres owned by the Eno River Association on the south side of Dinunocks Mill Road from Light Industrial to Agricultural-Residential (TMBL 4.38.B.I0b) as presented 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. C. Consideration of an Ordinance to amend the Zoning Map and rezone 11.89 acres owned by Eno Mountain Homes on NC 86 N from R-I0 to Light Industrial. This parcel is on the west side ofNC 86 N across from Shawnee and Governor Burke Roads (TMBL 4.5.A.6) Planning Director Margaret Hauth presented the Ordinance amendment stating this rezoning request is on the site of the previously approved subdivision known as Hart's Mill. The request was heard at the April 27, 2004 Public Hearing. She reported that the Planning Board reviewed the request on May 4, 2004 and unanimously recommended approval of the rezomng. Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board voted to adopt the Ordinance to amend the Zoning Map and rezone 11.89 acres owned by Eno Mountain Homes on NC 86 N from R-I0 to Light Industrial. This parcel is on the west side of NC 86 N across from Shawnee and Governor Burke Roads (TMBL 4.5.A.6) as presented 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. D. Consideration of an Ordinance to amend Section 8.4.f of the Zoning Ordinance to add provisions for a community bulletin board in conjunction with residential development entrance signs Planning Director Hauth introduced this Ordinance and stated that it contains additional language to address the Board's comments from the Public Hearing. She stated that the Planning Board unanimously recommended adoption of the amendment. Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to adopt the Ordinance to amend Section 8.4.f of the Zoning Ordinance to add provisions for a community bulletin board in conjunction with residential development entrance signs as presented 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. E. Consideration of Resolutions authorizing the 2004-2005 HOME program design and the submittal of the 2004-2005 Annual Update to the 2000-2005 Consolidated Plan Planning Director Hauth reminded the Board that these two actions occur annually to maintain our participation in the Orange County HOME Consortium. The Program Design (funding 5 . . . 173 plan) is created annually based on applications submitted by housing non-profits. The Annual Update to the Consolidate Plan reports on the most recent activities funded through the HOME program. Upon a motion by Commissioner Lloyd, seconded by Commissioner Lowen, the Board moved to adopt the Resolutions authorizing the 2004-2005 HOME program design and the submittal of the 2004-2005 Annual Update to the 2000-2005 Consolidated Plan as presented 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. F. Monthly Code Enforcement Update Fire Marshal/Code Enforcement Officer Todd Chavious presented an update on Code violation enforcement efforts. G. Consider adoption of Ordinance to amend Chapter 14 of the Town Code regarding Water Restrictions Scott Neal addressed the Board on behalf of the Water Sewer Advisory Board and asked them to consider approving the Ordinance amendments. Town Engineer Kenny Keel reported that the Orange County Board of Commissioners will meet on this issue at 11 :30 AM on June 2nd. He stated that he would forward their comments to the Board. By consensus, the Board agreed to table this Item until the June meeting. H. Consider approval of Amendment No.6 to the Engineering Services Contract for the Water Plant Upgrade Town Engineer Kenny Keel presented the Contract Amendment and stated that the Water Plant Upgrade Project was scheduled for completion on November 5, 2003, but it is still continuing due to contractor delays. It is currently anticipated that construction will continue until the end of June 2004. The engineering services provided in the original contract anticipated the construction ending on schedule. These inspection and administration services are needed until the project is finished to ensure a quality product is provided. This contract was extended in February 2004, but needs this additional extension due to further contractor delays. While this engineering contract amendment calls for an additional $7,250 expenditure, the construction contractor is currently being assessed $1,000 per day penalty for not completing the project on-time. As of May 4th, this penalty is up to $180,000, which is being deducted from payments to the contractor. The penalties will offset the cost of these additional engineering services. The previous extension was for $70,625, which is also within the penalty amount. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve Amendment No.6 to the Engineering Services Contract for the Water Plant Upgrade as presented by a vote of 5-0. The motion was declared passed. 6 . . . 174 I. Consider adoption of an Ordinance to amend Chapter 6 of the Town Code regarding Speed Limits Assistant Town Manager/Public Works Director Demetric Potts presented the Ordinance amendment for the Board's consideration. He explained that this was due to a request from NCDOT to amend the speed limit on NC86. Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to adopt the Ordinance to amend Chapter 6, Appendix A, Section 6A-12 as presented 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. J. Report on Corbin Street Cemetery Assistant Town Manager/Public Works Director Demetric Potts reported back to the Board from last months meeting regarding the citizen concerns which were voiced. He indicated that unless directed otherwise by the Board, staff will continue to abide by the precepts as stated in Chapter 13 of the Town Code. It has been determined that contractors working for the area Funeral Homes have on occasion driven over graves and gravesites and possibly tombstones while working in the cemetery preparing gravesites for burials. Because of the nature of the work that has to be performed and the close proximity of the gravesites to one another, it would be practically impossible for these contractors to avoid gravesites in the given areas; therefore the potential to cause damage will always be present. He informed the Board that staff has contacted the area Funeral Homes and requested that they inform/instruct their contractors to be more careful while working in the cemetery. Also, notice has been given to the Funeral Homes that if it is determined that their contractors have caused some damage in the cemetery, they would be responsible for any and all repairs. Assistant Town Manager/Public Works Director Potts updated the Board on the burial that is in a water drainage area. He explained that when this section of the cemetery was laid out in approximately 2000, staff was not aware that there was a water drainage issue. To rectify this concern, the Cemetery Administrator has been working with the deceased's family to have the body exhumed and relocated to a different gravesite. Staff has also made a notation on the cemetery plot maps that no more gravesites will be sold in this drainage area in the future. Addressing the concerns regarding the inmates working in the cemetery, Potts reported that they are supervised by Public Works' staff at all times. Staff is performing the same duties as the inmates so there will be times that staff are working in a different area. However, a staff person is always in close proximity to the inmates and is required to have them in line of sight. Potts notified the Board that Public Works has contracted with Apple Fence Company for the installation of a wooden fence that will be installed between the cemetery and Lunsford's Carwash. The cost for this project is approximately $2,000. 7 175 . Staff investigated the cost of providing a dumpster in the cemetery. The cost for placement of a 2 cubic yard dumpster would be $25 per month for rental ($300) and a once per month collection fee of $10.34 ($124). Also, we would need to construct a dumpster pad with screening. The estimated cost of this construction is $1,000. Assistant Town Manager/Public Works Director Potts stated that staff recommends not placing a dumpster in the cemetery because it would be difficult to monitor the use. There is a high probability for getting mixed waste in the dumpster which could cause a fine to be imposed by the Orange County Landfill. Staff believes that the most efficient way to handle the removal of flowers and ornaments is the current practice of having this work performed by the Public Works Department. Potts stated that staff will do as the Town Board directs. The Board directed staff to mark the plantings in the cemetery which are to be removed so the Board can see them and consider the removal at the June meeting. The Board also directed staff to get cost information on a "rules sign" to be erected at the entrances to the cemetery and some type of literature holders with the cemetery guidelines outlined. K. Report on Hillsborough Traffic Calming Policy Assistant Town Manager/Public Works Director Demetric Potts presented the draft policy for the Board's consideration and requested Board direction on appropriate funding. . By consensus, the Board agreed to Table decision on this Item until the June meeting. L. Update on the 250th Anniversary Committee Commissioner Lowen reported that the banner design logo had to be changed due to requirements from the banner manufacturer. He stated that the banners have been ordered. He and Demetric Potts have been working with Duke Power, Sprint, and NCDOT to obtain permission to hang the banners on their poles. The goal is to have the banners up for the opening of Hog Day. Sports Endeavors is donating 500 tee shirts and Costco is donating a 3 foot sheet cake. The Tee Shirts which are donated will be sold at events other than Hog Day. The Committee will have a table at each of the Last Friday's Events and have tee shirts available for sale. M. Consider "Hot Topics" for May Workshop By consensus, the Board agreed to designate the meeting to discussions of the Budget. 12. CLOSED SESSION A. Closed Session for the purpose of discussing potential litigation regarding the Colonial Inn . 8 . . . 176 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 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 Hallman, the Board directed the Town Attorney to pursue the Civil Penalties and Equitable Relief in court by a vote of 5-0. The motion was declared passed. 13. ADJOURN Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to adjourn at 10:25 PM by a vote of 5-0. The motion was declared passed. h:i~ Donna F. Armbrister, CMC Town Clerk 9 177 /~ ,'" I " I ) l.......... . Proposed Orange County Waste Reduction, Reuse, and Recycling Fee May 10,2004 Hillsborough Board of Commissioners . Historical Perspective · 1993 Supplemental Financing Needs First Discussed · 1996 First formal staff memorandum presented · 1998 Alternative Finance Committee formed - Elected Officials, Managers, Finance Directors and a citizen · 1999 Alternative Finance Committee suspends work - Solid waste organization, lnterlocal Agreement issues take priority · 1999 lnterlocal Agreement on SW Management approved · 2001 BOCC requests SWAB consider and offer recommendations · 2003 (Jan/Feb) SWAB and staff present fee proposals · 2003 (Nov) Revised staff proposal presented to BOCC . . . . 178 .__u_'-._\ /" ~-..' ) ~/ EXCERPT FROM 1999 INTERLOCAL AGREEMENT FOR SOLID WASTE MANAGEMENT 4. The County will operate the System as an enterprise operation, and will have discretion to set rates, fees and charges. The Parties agree that the long~term success of the arrangement for solid waste management provided for in this Agreement requires that the Parties remain committed partners. The Parties agree that their goal of reducing sol.id waste must be achieved in a manner that guards the economic viability of the System's current and future operations. At the same time, the Parties acknowledge that the County is not expected to use its generClI funds to underwrite overall solid waste management;activities. Therefore, the County, the Towns and the persons and organizations within their jurisdictions all must bear appropriate proportional shares of the costs ot providing for current and future operations of the solid waste management enterprise. The Parties agree tHat the Coun~y, .as partot its responsibility for solid waste. management; must refain broad f1.exibility.to implement and adjust rates;fe~s.and other charges, as:provid~dbelbw,in .order to generate s'ufficient resources through the Sy~tem toc~rry:out the requirements of the Solid Waste Management Plan and Polici,e.s. The Pal1ies. agree that tHe County is ultimately responsible for balancing th~ available resOUrCeSClnd' the demands on,.the System, and that the. County mustthere'tore have'suffiCient . .". -'. I _.- . .' authority to adjusteitherthe resources or the Sy.~temdemands, orboth, to achieve the balance. Part 1 ot this Agreement provides for the County's authority over the Solid Waste Management Plan and Policies. This Part 4 provides for the County's authority over the available resources. 179 ~ ~~~, , --~..-."'~ . . A Fee, Not A Tax . Consistent with November 2003 BOCC guidance · Not an availability fee, but a Recovered Material Fee · Considered "Other Fee" in Interlocal Agreement - SWAB has formal role in approval - SWAB unanimously endorsed staff recommendation on April 8, 2004 . Why is a Fee Necessary? · Success of local waste reduction programs has resulted in decline in tipping fee revenue as expenditures have increased · Continued investments in recycling and waste reduction programs in response to County goals · Some wastes are collected by private companies and taken elsewhere because of Orange County's high tipping fees · Continuing high participation and high demand for recycling services by Orange County citizens . . . ~ 3,roJ,OOO . . ~,~~,~b Cost and Revenue of Recycling 6,CXXl,()(X) 5,C:OO,00J .,OOJ,ooo 2,0:0,000 1,OOO,OXl :2OJ.tf.2OO5 2OC6I2C06 2DiI2OO7 iDJ1t2frJ6 :2lDV2C09 :1IJC&'2010 201CV2011 201112012 2012J2013 v..., ....181 ! i .' \,-~? / . . General Approach · Continue using tipping fee revenue to the extent practicable · Fee would be assessed to the owner of all improved properties, including tax-exempt, residential and non-residential · Bill on property tax bills beginning in 2004 · General intent that you pay for the services you receive, that are available to you, or that are performed on your behalf . General Approach (cant.) · Use a two-tier system with everyone paying at least the basic services fee · Minimize fees to the extent possible · Fee revenue will not be used to fund solid waste collection or disposal functions · Following BOCC adoption, staff to initiate broad based public education campaign . . "T1 -< N ;ug CD ~ (') I '< N ~O -. 0 ::::J U1 CO s>> m ::::J (/) c..::!: :E 3 ~ a. - CI) CD a. ~;o 0.. CI) s::: < a CI) -. ::::J o t: ::::J CI) en(/) CD _ < m -. >< (') "C CD CI) Vl ::::J (/) CI) (/) -i ;:tI -i m 0 CD 0 >< - -i'TI;:tl;:tl< - ("') ;:tI ;:tI > ;:tI ~ !. -. 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J -" '_~:~-'~ ;,'., ~,'~ -'\~~::;~ " "';'1".1 ,,~','~I:"k:\';-'~:"~<' ;.> ': " J .' '.:: '. :20Q8/09' :"$!11;041430 ","i:', :':, "': .:'" i ,,:":, ,'" .--:; '':~''''.~: ;::~,: ::' /: . ,', ,,',' ,,: .,>/ "t',.c. ,'.)'" :H'.~ 2009/1Q' '$O:;':,.UandfiILcloses/"~,.." d'", , ,r;:::, ,,!'!~{i;';;';: "'," .:, , '; ,-'-~ ~ ~ ':~ ';':,:,, , <'~i~~:' "'j' \ 1l' , " ':t',,: ~~ . " ", .,. 's' , ".. "" .; " .~,. " ' -.,,(. ' .: :-~'/f., 1,', ,t" <, "',',-' -j'" ~'. j , . " . . ~~,\.;~'l,""~ ' - .',., , ' - ~ .", ' . ,,," ._.-l'; -': . . ,-J87 (/) I) ~_/ . . , 190 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to rezone 12.2 acres on the south side of Dimmocks Mill Road from Light Industrial to Agricultural-Residential (TMBL 4.38.B.l Ob). 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'l Oth day of May, 2004. Ayes: 0'" Noes: B- Absent or Excused:-&- ~~ Donna F. Armbrister, Town Clerk . . , 1.91 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLS BOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1, The Zoning Map of the Town of Hillsborough is hereby amended to rezone 11.89 acres on NC 86 N from R-l 0 to Light Industrial. This parcel is on the west side of NC 86 N across from Shawnee and Governor Burke Roads (TMBL 4.5 ,A.6). 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 'lOth day of May, 2004. Ayes: 5 Noes: ..&r Absent or Excused: U- ~..I~ Donna F. Armbrister, Town Clerk . . ~ 192 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 8.4 of the Hillsborough Zoning Ordinance is hereby amended to add the following language as subsection g: In addition to the signs allowed in (f), the developer of a subdivision, the property owner's association, if any, in a subdivision, or the owner, property manager or residents association, if any, of a multi-family development may install a community event bulletin board at any entrance to the development. The sign shall not be located in the public right of way, nor shall it be located in such a way as to interfere with lines of sight for vehicular traffic on, entering or exiting the public right of way. The sign shall meet the following criteria: one unlighted, single-sided sign per entrance, 3' X 4' maximum dimensions, and 6' maximum installation height. The sign face (i.e., the single side .of the sign on which information may be posted) shall be oriented toward traffic exiting the development, so that the sign face is not visible from the public right of way. Postings on the bulletin board shall be maintained in a neat and orderly condition'and monitored by the home owner's association or property manager. Section 2. The subsequent subsections are hereby renumbered to accommodate this addition. Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 4. 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 10th day of May, 2004. , Ayes: ~ Noes: 4).- Absent or Excused: -B- I~d~ Donna F, Armbrister, Town Clerk Town of .Hil!~ 193 RESOLUTION AUTHORIZING THE SUBMITTAL OF THE 2004-2005 ANNUAL UPDATE TO THE 2000 - 2005 CONSOLIDATED PLAN BE IT RESOLVED that the Hi1Isborough Town Board. of Commissioners authorizes the submission of the 2004-2005 Annual Update to the 2000- 2005 Consolidated plan to the U.s. Department of Housing and Urban Development for the County's Housing and Community Development Programs including aU understandings, assurances, and certifications required therein by May 14, 2004. BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the County to act in connection with submittal of the 2004 - 2005 Annual Update to the consolidated Plan and to provide such additional infonnation as may be required. . This the lOth day of May, 2004. ". . .' '-0 :". . .~ . .' SEAL (,.:":1 ;'-- .' '. "~ _(:'\> ,F ..' ...,., J""... ~' .- , ',., .. A.'. ~ J.. ". . To () 1\#T. ~...~ ',.r.' . ~~ .....:_fl .'~'.'. '=. i~ ~~ .~~. .i' ~::l ':i j ~ ~~.... '~~ 0" :: . c:, .",;1{-"' .. c:... .,,,, ..~...._ ;e 'L'~' .~I .:-;;&>,;:!'itdi ".. f\ r IfJ~~ :I;f/J :7/ \O,o!>A'l"'i \". ".,:..... ~:. " ,\"..,'\ ~ . i~ .....'..... I. . ,.J '.~: ., . i . onna. F. Armbrister, CMC, Town Clerk Attest: . 101 East Orange Street. P.O. Box 429 · Hillsborough. North Carolina 27278 _ _ ~ _nO ,0'111 . J<'11'Y 979-644-2390 . . . 194 RESOLUTION AUTHORIZING THE ORANGE COUNTY 2004-2005 HOME PROGRAM DESIGN BE IT RESOLVED, by the Hillsborough Town Board of Commissioners as a member of the Orange County HOME Consortium approve following activities for the 2004-2005 HOME Program. Property Acquisition Funds would be allocated to the Town of Chapel Hill to assist the Town Department of Housing purchase one dwelling unit to provide transitional housing for a public housing family transitioning to permanent housing. (Requested amount: $125,000) $125,000 Funds would be allocated to Habitat for Humanity to purchase five (5) lots in the Winmore subdivision in Carrboro for future development of frrst-time homebuyer opportunities for fIrst-time homebuyers with incomes at or below 50% of median income. (Requested amount: $125,000) $125,000 Homeowner Assistance Funds would be allocated to Habitat for Humanity to provide four (4) deferred second mortgages to first- time homebuyers with incomes below 80% of median income in the Richmond Hills subdivision. (Requested amount: $80,000) $80,000 Funds would be allocated to Orange Community Housing and Land Trust to provide down-payment assistance for up to seven (7) newly constructed townhomes and condominiums in the, planned Winmore subdivision in Carrboro. The dwelling units will be developed by the private sector, and then placed in the Land Trust. Eligible families would be first-time homebuyers with incomes below 80% of median mcome. (Requested amount: $100,000) $70,000 Funds would be allocated to Orange Community Housing and Land Trust to provide down-payment assistance for up to seven (7) newly constructed townhomes and condominiums in the planned Pacifica subdivision in Carrboro. The dwelling units will be 'developed by the private sector, and then placed in the Land Trust. Eligible families would be first-time homebuyers with incomes below 80% of median income. (Requested amount: $70,000) \'\:'-:':".-..i!,,~<(! . $70,000 . ..... ..... '" ,.' "..' Funds would be allocated to EmPOWERment to provide up to ten (10Ydeferred second mortgages to first-time homebuyers with incomes below 80% of median income. Homebuyers would purchase existing housing located in various areas of the County. (Requested amount: $100,000) $100,000 New Construction ., Funds would be allocated to Habitat for Humanity to provide funding for infrastructure improvements (extension of sewer line) to a lot owned by Orange Community Housing and Land Trust on Crest Street in Carrboro. The subsequent home built on the lot will be sold to a Habitat homeowner and the property will remain in the Land Trust. (Requested amount: $25,000) $25,00,0 . . . 195 Rental Assistance Funds would be provided for rental assistance for approximately 10-12 low-income families leasing standard property in Orange County. The program will operate in a similar manner to the Section 8 Program and provide rental subsidies for a period of two years to families at or below 50% of the area median income. $236,431 Program Administration $ 73,905 TOTAL HOME PROGRAM FUNDS $905,336 American Dream Downpayment Initiative The American Dream Downpayment Initiative (ADD!) is a new program under the American Dream Downpayment Act designed to increase the homeownership rate, especially among lower income and minority households, and to revitalize and stabilize communities. Funds can be used for downpayments, closing costs, and rehabilitation carried out in conjunction with the assisted home purchase. $54,145 BE IT FURTHER RESOLVED, that the Manager is hereby designated as the authorized representative of the County to act in connection with the submission of this plan an~ to provide such additional information as may be required by the U.S. Department of Housing and Urban Development. This the 10th day of May 2004. ,,\,'''"ffJIJ ", HILL /II~ ...<........ Or( 8{) .1/', j'~ SEAL ~~ ~~~~~ : ~ ,..... G> = = of :1:= - - - - - . - "': .JtI. :: ;-r:.~ ~ ~. " .~ " ~" "'1, CA ",,, """'1111"'" .).1:....,..:..."..;,..; ."~i.1 , ,. . ..' . '. ,~ '. , . , ..' ~ . .~ ; A~~:-'~~ . . Donna F. Armbrister, CMC, Town Clerk . . . 196 AN ORDINANCE AMENDING CHAPTER 6, MOTOR VEmCLES AND TRAFFIC APPENDIX A, SECTION 6A-12 OF THE mLLSBOROUGH TOWN CODE The Board of Commissioners of the Town of Hillsborough ordains: SECTION I. All section references below refer to the Town of Hillsborough Code, Chapter 6, Appendix A, Section 6A-12 Speed Limits. SECTION 2. Section 6A-12 Speed Limits In accordance with Subsection 6-20(b), the following speed limit is established at 45 MPH for the streets indicated below: SPEED LIMIT (MPH) ON STREET FROM TO 45 NC86 The corporate limit of Hillsborough at a point 0,38 mile north ofSR1710 (Old No, 10), north The corporate limit of Hillsborough at a point 0.45 mile south of US 70 Business at Hillsborough 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 /~ day of pJ~/!'; (JOr . Ayes: L Noes: ...,.. Absent or Excused r . . . 197 CERTIFICATION OF MUNICIPAL ORDINANCE DECLARING SPEED LIMIT MODIFICATIONS AND-REQUEST FOR CONCURRING ORDINANCE BY DEPARTMENT OF TRANSPORTATION: It J)o,.JAJIJ ;::: ARmbRishsR , Clerk of the /OwN (City) (Town) of .tl-t. Jf.5bD~OUjh ' do hereby certify that the IOWtJ of of the Hillsborough duly enacted on the (City) (Town) IOwtJ Bo4Rb (Governing Body) 10+11 day of (tift Y , 20 ~ an ordinance based upon engineering and traffic investigation pursuant to authority..granted by G. S. 20-141 (f) declaring the following speed limit modifications as set forth below on the following described portion of a State Highway System Street: Deal.are the Fol.l.owinq Speed Limit Speed Limit Ordinance NumDer Description :'~.' ( :;.....T'.' 45 670200090 NC 86 from the corporate limit of Hillsborough at a point 0.38 mile north of SR 1710 (Old No. 10), north to the corporate limit of Hillsborough at a point.0.45 mile south of US 70 Business at HillsbQrough~ ~ ::. ::'.<<! . Rescind the Fol.l.owinq Speed. Limit ., Speed Limi t Ordinance Number Description . . . 198 said ordinance to become effective upon adoption of the Department of Transportation of a concurring ordinance and the erection of signs recorded in Minute Book IIlIJI6l /9~ q giving notice of the authorized speed limit; that said ordinance is at page In witness whereof, I h~ve hereunto set my hand and the seal of the I;j U)A ) ,M:/lipt'RI_JI.i:} A . , 20 /;?I, , of day of ' /Yllhj /tJ/.-A , this My ~on ExpIPes 11/ 0/ / ~oo4 . 7 ( .~ \:,:.. : , . 'oJ ~ ~ ,I,) " ' . . . 199