HomeMy Public PortalAbout06-28-2004 Workshop Session
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Minutes
June 28. 2004 Monthly Wor1lshop
Page 1 of4
Minutes Approved: July 12, 2004
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Town
of
Hilli
gh
MINUTES
Board of Commissioners Monthly Workshop
Monday, June 28, 2004 at 7:30 PM
Town Barn
The Hillsborough Town Board held a monthly Workshop on Jillle 28, 2004 at 7:30 PM in the
Hillsborough Town Barn. Present for the Workshop were Mayor Joe Phelps, and
Commissioners Mike Gering, Frances Dancy, Evelyn Lloyd, and Brian Lowen. Staff present
were Town Manager Eric Peterson, Planning Director Margaret Hauth, Finance Director Greg
Siler, Town Clerk Donna Armbrister, and Assistant Town Manager/Public Works Director
Demetric Potts.
1. Open the Monthly Workshop
Mayor Joe Phelps opened the Monthly Workshop at 7:30 PM.
Mayor Phelps added a discussion of Communication between the Orange Rural Fire
Department and the Town as Item 8.A.
Mayor Phelps also added a discussion of Hampton Pointe as Item 3.A.
2. Updates from the Mayor & Board on Key CommitteesfIssues
Commissioner Gering reported that the Town Clock Dedication went extremely well and
thanked everyone for their participation.
Commissioner Lowen reported that the 250th Anniversary Celebration event at Hog Day was
very successful. He stated that attendance was down due to the heat, but it was successful none
the less. The 250th Anniversary Committee has decided that the celebration will be a year long
event and will flow over into 2005 since they got a late start this year. The new banners will be
up in the downtown area and at the entrances to the Meadowlands very soon.
3. Discussion of letter to Transportation Advisory Committee regarding scoping comments for
the Elizabeth Brady Road Extension
Mayor Phelps directed the Board's attention to a letter from Commissioner Hallman who could
not be present at the meeting re-emphasizing the request from the Transportation Advisory
Committee at the last DOT Division 7 meeting for all T AC representatives having any
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Minutes
June 28, 2004 Monthly Workshop
Page 2 of 4
Minutes Approved: July 12, 2004
257
comments regarding the Elizabeth Brady Road project to submit them in writing as soon as
possible. Mayor Phelps reported that both he and Commissioner Hallman attended the T AC
meeting on June 23rd and at that meeting he submitted a letter on behalf of the Board outlining
the direction the Board gave at their June 14th meeting. A copy of Commissioner Hallman's
letter and the letter Mayor Phelps submitted to the Transportation Advisory Committee along
with the Resolution Regarding Elizabeth Brady Road for the Durham-Chapel Hill-Carrboro
Metropolitan Planning Organization 2025 Long Range Transportation Plan which was approved
December 4, 2002 are hereby incorporated by reference and made a part of these official
Minutes as Attachments.
ADDED ITEM 3.A. Discussion on Hampton Pointe
Planning Director Margaret Hauth addressed the Board and reported that Home Depot has
signe3d a contract to purchase land and open a store in Hampton Pointe. A revision to the plan
has been submitted and in an effort to keep the Town Board informed of the changes, it was
added to tonight's agenda One of their strongest interests is to have the driveway entrance off
of Hampton Pointe Boulevard which before was a "right-in" access only relocated so the Home
Depot site could be accessed from Hwy 86. After review of this revision and noting the safety
concerns, it was not deemed to be a substantial change.
4. Approve Year End Budget Amendments for 2003-2004
Town Manager Eric Peterson added an additional Budget Amendment on the Water Sewer
Capital Facility Fees for the Board's consideration
Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved
to approve the Year End Budget Amendments for 2003-2004 as presented by a vote of 4-0. The
motion was declared passed. A copy of the Year End Budget Amendments for 2003-2004 is
hereby incorporated by reference and made a part of these official Minutes as an Attachment.
5. Approve Year End Encumbrances for 2003-2004
Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved
to approve the Year End Encumbrances for 2003-2004 as presented by a vote of 4-0. The
motion was declared passed. A copy of the Year End Encumbrances for 2003-2004 is hereby
incorporated by reference and made a part of these official Minutes as an Attachment.
6. Approve Year End Purchase Order Encumbrances for 2003-2004
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved
to approve the Year End Purchase Order Encumbrances for 2003-2004 as presented by a vote of
4-0. The motion was declared passed. A copy of the Year End Purchase Order Encumbrances
for 2003-2004 is hereby incorporated by reference and made a part of these official Minutes as
an Attachment.
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Minutes
June 28, 2004 Monthly Workshop
Page 3 of 4
Minutes Approved: July 12, 2004
7. Discussion of Annexation Laws and Procedures
Mayor Phelps referred the Board to the letter in their agenda packet from Town Attorney Bob
Hornik regarding Involuntary Annexation Procedures. A copy of this letter is hereby
incorporated by reference and made a part of these official Minutes as an Attachment.
Town Manager Eric Peterson suggested the Board consider whether or not they would be
interested in involuntary annexation of an area if it were financially feasible?
Commissioner Lowen expressed an interest in having Town Manager to conduct an annexation
feasibility study on the properties of Cedar Creek Condos and The Heritage.
Commissioner Gering stated that he would need to think about this more before moving
forward.
After some discussion and by consensus, the Board directed the Town Manager to review the
Sales Tax and report back to them on how annexation might affect it.
8. Other
There was no other business discussed.
ADDED ITEM 8.A. Communications with Orange Rural Fire Department
Mayor Phelps suggested the Board consider having routine occasional meetings with the
Orange Rural Fire Department to discuss issues such as their long range plans. He further
suggested that the Fire Department be advised of the Board's interest in these future
discussions.
After a brief discussion, and by consensus, the Board agreed.
By consensus, the Board requested that the Town Board Representative with the Orange Rural
Fire Department (which is currently Commissioner Lloyd) report back to the Town Board and
keep them updated on issues related to the Town.
9. Closed Session as authorized by North Carolina General Statute Section 143-318.11.(a)(3)
to consult with Town Attorney concerning the position to be taken on behalf of the Town
regarding Corbinton Commons
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved
to go into Closed Session as authorized by North Carolina General Statute Section 143-
318.11.(a)(3) to consult with Town Attorney concerning the position to be taken on behalf of
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Minutes
June 28, 2004 Monthly Workshop
Page 4 of 4
Minutes Approved: July 12, 2004
the Town regarding Corbinton Commons by a vote of 4-0. The motion was declared passed.
10. Adjourn
Upon returning to Open Session and by consensus, the Board announced that there will be a
Special Meeting on July 8th, 2004 at 7:30 PM regarding Corbinton Commons.
Commissioner Lowen reported that in the Fairview Community (off of Tulip Tree Drive) there
is an area that has become a dump area. Planning Director Hauth stated that if it is in the ETJ,
there isn't anything the Town can do about it. Commissioner Lowen suggested that a letter be
sent from the Mayor to the County Commissioners. By consensus, the Board authorized the
Manager to draft a letter for the Mayor's signature to the County Commissioners
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved
to adjourn the meeting at 9: 18 PM by a vote of 4-0. The motion was declared passed.
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Donna F. Armbrister, CMC
Town Clerk
260
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Memornndrnn
To: Mayor Phelps and Town Board Members
cc: Eric Peterson, Margaret Hauth
From: L. Eric Hallman
Date: 6/27/2004
Re: E. Brady Road Letter to TAC
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I apologize for my absence at tonight's Town Board Meeting but I am out of town. I wish to provide
a report on the Transportation Advisory Committee meeting held last Wednesday, June 23rd. As you
may recall, at our last board meeting I reported that during the DOT Division 7 meeting TAC
representatives were told that if we had any comments regarding the Elizabeth Brady Road project
we should submit them immediately. I subsequently spoke with Mike Rhea, one of the DOT
planners responsible for this project. He again asked that we submit any comments quickly and
informed me that these should be sent to the DOT through the TAC. At our last board meeting I
asked the board for direction on this matter and stressed the time constraints we faced. (The next
meeting of the TAC after the June 23rd meeting is scheduled for late August). After discussion on
this topic a motion was made to ask the DOT to consider a range of roadway alignments including 2
travel lanes on a standard 2-lane right of way, 2 travel lanes on a 4-lane right of way, and 4 travel
lanes on a standard 4-lane right of way. This motion passed unanimously.
Last Wednesday morning at the TAC meeting (attended by the Mayor and me) we discussed this
issue and asked that the attached letter be forwarded to the DOT. The Orange County representative,
Alice Gordon, asked that the T AC letter also include a short statement that asks the DOT to review
the Orange County's previous comments regarding this project. The TAC voted to approve both
requests and has sent a letter to the DOT reflecting these comments.
I will be happy to answer any further questions at the next regularly scheduled board meeting. Thank
you.
Sincerely,
Eric Hallman
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June 15,2004
Mr. Alex Zaffron, Chair
DCHC MPO Transportation Advisory Committee
101 City Hall Plaza
Durham, NC 27701
RE: Seoping Comments on U-3808, Elizabeth Brady Road Extension, Hillsborough
Dear Alex,
At the Transportation Improvement Plan Division 7 meeting, Board member Doug Galyon
suggested that specific comments and concerns that could impact the Environmental Impact
Statement for the above project should be shared as soon as pos~~.
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To that end, the Hillsborough Town Board of Commissioners discussed comments and direction
they wished to provide at their June 14 meeting. The Board unanimously voted to ask the
Durham-Chapel Hill-Carrboro Transportation Advisory Committee to forward the following
comment regarding the scope of topics to be addressed in the document:
A range of roadway alignments be considered including 2 travel lanes on a standard 2-lane
right of way, 2 travel lanes on a 4-lane right of way, and 4 travel lanes on a standard 4-lane
right of way (including a divided median). All considered alignments are to include bicycle
and pedestrian facilities.
Included in that successful motion, the Town Board also asked to relay its priority of impact
consideration to be first the impact to existing homes, followed closely by the impact to the
natural environment.
The appreciates the T AC's attention to this request. Please contact our staff with any questions.
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Mayor
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101 East Orange Street. P.D. Box 429 . Hillsborough, North Carolina 27278
010_7':l9_197n. J7NV 010.I:AA ')')Ofl
Town
of
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262
Resolution Regarding Elizabeth Brady Road for the
Durham-Chapel Hill-Carrboro Metropolitan Planning Organization
2025 Long Range Transportation Plan
BE IT RESOLVED that the Hillsborough Town Board of Commissioners is pleased that bicycle
and pedestrian facilities have been included in the Elizabeth Brady Road Extension project
connecting US 70 Business and US 70 Bypass; and the Board requests that the 2025 Long Range
Transportation Plan reflect the following:'
The corridor under consideration for the Elizabeth Brady Road Extension is extremely sensitive
from both an environmental and cultural aspect and therefore the ToWn Board implores the
NCDOT to employ the highest quality of design standards to the selected option.
The Board requests that the alignment shown in the original plan be included in the 2025 Long
Range Transportation Plan.
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The road configuration should include four lanes unless two lanes are demonstrated to be
adequate for the projected traffic volumes in 2025.
This resolution being offered upon a motion by Commissioner Dancy and seconded by
Commissioner Chavious was passed at the December 2, 2002 Town Bo Commissioners
meeting.
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1. Donna F. Armbrister, Town Clerk. to the Hillsborough Town Board of Commissioners, do
hereby certify that the foregoing is a true copy of so much ofthe proceedings of said Board at a
meeting held on December 2, 2002 as relates to the adoption of the foregoing and that said
proceedings are recorded in the minutes of said Board.
Witness my hand and ~eal of said Town, this 4lh day of December, 2002.
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263
BUDGET AMENDMENTS
June,2004
6. WATER FUND BEFORE ADJ. ADJ. AFTER ADJ.
REVENUE
30-3730-000 Water Capital Facility Fee $ 45,000 $ 98,489 $ 143,489
30-3750-000 Sewer Capital Facility Fee 20,000 88,971 108.971
$ 65.000 $ 187.460 $ 252.460
EXPENSE
30-9700-000 Transfer to Capital Reserve Fund $ - $ 187.460 $ 187.460
To establish Transfer to Capital Reserve Fund account and transfer excess Capital Facility Fees from the
Water/Sewer Fund to Capital Reserve Fund.
tiAP1T AL RESERVE FUND
EVENUE
70-3360-000 Developers/Contrib. -Water $ 966,190 $ (546,190) $ 420.000
70-3970-000 Transfer from Water/Sewer Fund 546,190 546,190
70-3970-000 Transfer from Water/Sewer Fund 546,190 187 ,460 733.650
$ 1.512.380 $ 187.460 $ 1.699.840
EXPENSE
70-6900-730 Capital Improvement $ 590.913 $ 187.460 $ 778.373
To establish Transfer from Water/Sewer Fund account, transfer prior year's budget to new account and record 6/28/2(
transfer from the Water/Sewer Fund.
APPROVED: tJr; -4~ tJl
f/oM
VERIFIED:
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137 North Churton Street · P.O. Box 429 · Hillsborough, North Carolina 27278
919-732-2104 · Fax 919-732-1028
264
BUDGET AMENDMENTS
JUNE, 2004
.age 2 BEFORE ADJ. ADJ. AFTER ADJ.
GENERAL FUND
5. REVENUE
1 0-3050-000 Food and Beverage Tax $ 171.000 $ 9.000 $ 180.000
EXPENDITURES
10-4100-041 Governing Body-Attorney Fees $ 35,000 $ 26,000 $ 61,000
1 0-4200-020 Adm inistration-Salaries 150,800 13,000 163,800
1 0-4200-540 Adm inistration-Insurance 184,500 20,000 204,500
10-4200-570 Adm in istration-M isc. 5,000 6,000 11,000
1 0-4200-970 Administration-Serv. Charge/WS (227,500) (19,500) (247,000)
10-4400-020 Finance-Salaries 188,000 10,000 198,000
10-4400-970 Finance-Serv. Charges/WS (221,900) (5,000) (226,900)
1 0-5000-740 Ruffin Roulhac-Equipment 35,000 (4,151) 30,849
10-5110-010 Police Patrol-Overtime Compo 18,400 20,000 38,400
10-6250-040 Tourism-Admin. Cost 10,000 800 10,800
1 0-6250-450 Tourism-Contract Servo Alliance 96,000 4,920 100,920
1 0-6250-730 Tourism-Capital Improvement 64,000 3,280 67,280
10-6400-1 50 Cemetery-Maintenance/Repair 2,500 2,000 4,500
10-6400-570 Cemetery-Miscellaneous 1,000 5,000 6,000
1 0-9990-000 Contingency 73.349 (73.349)
. $ 414.149.00 $ 9.000.00 $ 423.149.00
WATER FUND
EXPENDITURES:
30-7220-611 Engineering-Service Charges/Admin. $ 227,500 $ 19,500 $ 247,000
30-7220-612 Engineering-Service Charges/Finance 221,900 5,000 226,900
30-7240-020 Bil/&Col/./Meter Read.-Salaries 189,000 7,000 196,000
30-7240-450 Bill&Coll./Meter Read.-Cont.Serv./Bust 1 ,400 1 ,400
30-8140-020 Water Dist.-Salaries 150,000 15,000 165,000
30-8140-330 Water Dist.Dept.Supplies 74,200 8,000 82,200
30-8200-020 WW Collection-Salaries 176,400 20,000 196,400
30-8200-330 WW Collection-Dept. Supplies 53,000 15,000 68,000
30-8200-570 WW Collection-Miscellaneous 5,938 9,000 14,938
30-9990-000 Contingency 100,000 (99,900) 100
$ 1,197,938 $ - $ 1,197,938
To balance departmental accounts for year end.
APPROVED: Cv.,.~f---tJ(
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VERIFIED:
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Town
of
tHill,~
265
BUDGET AMENDMENTS
June.2004
GENERAL FUND
1. EXPENDITURES
1 0-4400-452
10-9990-000
BEFORE ADJ.
ADJ.
AFTER ADJ.
Fi nance-Cant. Serv.lF in. Consu Itant
Contingency
$ - $
$ 83,849 $
83,849
2,500 $
(2,500) $
2,500
81,349
83,849
To fund Financial Consulting with Carter Professional Services.
2. REVENUE
10-3480-000 FEMA Assist. $ - $ 67,571 $ 67,571
EXPENDITURE
10-5600-571 Street-Ice Storm Cleanup $ - $ 67,571 $ 67,571
. record receipt of FEMA Reimbursement for the Dee 2002 Ice Storm.
3. EXPENDITURES
10-6900-922 Special Approp.-250th Anniv. $ - $ 8,000 $ 8,000
1 0-9990-000 Contingency $ 81,349 $ (8,000) $ 73,349
81,349 81,349
To fund the Town's 250th Anniversary.
WATER FUND
4. REVENUE
30-3350-000 Miscellaneous $ 17,066 $ 1,140 $ 18,206
30-3990-000 Fund Balance 393,232 (1,140) 392,092
410,298 410,298
To record the sale of Waste Water Dist. Welding Machine Arc.
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137 North Churton Street · P.O. Box 429 · Hillsborough, North Carolina 27278
919-732-2104 . Fax 919-732-1028
Town
of
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266
ENCUMBRANCES FROM 2003-2004 TO 2004-2005
GENERAL FUND
1 0-4200-452 Administration-Cont. Serv./Emp. Orientation $ 3,800
10-4900-450 Planning-Cont.Serv./Strategic Gr rowth PL 24,911
1 0-4900-742 Planning-Cont.Serv./Land Acquistion 7,500
10-4900-750 Planning-HOME Funds Grant Match 8,300
10-5100-571 Police-Misc./Drug Buy Money %AGE 1 ,409
10-5550-730 Motor Pool-Capital Improvement 25,000
1 0-5600-152 Street-Christmas Decoration 35,000
1 0-5600-320 Street-Office Supplies 2,000
10-5600-454 Street-Cont.Serv./Storm Water Evai. 6,843
1 0-5600-731 Street-Capitallmprov./Bridge Repair 109,349
10-6900-900 Special Approp.-Orange Co./River Walk 23,777
10-6900-921 Special Approp.-Tree Maint./New Trees 5,000
1 0-6900-922 Special Approp.-250th Anniv. 1,000
. $ 253.889
WATER FUND
30-7220-451 Engineering-Cont.Serv./GIS Data $ 26,159
30-7220-453 E ng i neeri ng-Cont. Serv./I ntern 2,800
30-7220-456 Engineering- Vulnerability Assessment 1,350
30-8120-730 Water Plant-Capital Improvements 10,500
30-8140-740 Water Dist.-Equipment 4,000
30-8200-452 WWColl.-Cont.Serv.Nacuum Truck Servo 2,000
30-8200-453 WWColl.-Cont.Serv./Sewer Eval. Study 48,000
30-8200-730 WWColl.-Capitallmprovements 114,300
30-8220-731 WWTP-Capitallmprovements 30,000
30-8220-740 WWTP-Equipment 30,000
$ 269.109
APPROVED:
.ERIFIED:
137 North Churton Street · EO. Box 429 · Hillsborough, North Carolina 27278
919-732-2104 · Fax 919-732-1028
Town 267
of
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ADDITIONAL ENCUMBRANCES FOR PURCHASE ORDERS ISSUES PRIOR TO 6/30/04
GENERAL FUND
10-4900-750 Planning-HOME Funds Grant Match $ 8,300 PO#16136
10-5000-150 Ruffin-Roulhac-Building Maint./Repairs 6,480 PO#16101
10-511 0-330 Police Patrol-Departmental Supplies 448 PO#16746
1 0-5120-080 Police Investigations-Training 1,584 PO#16744
10-5120-330 Police Investigations-Dept. Supplies 240 PO#16730
1 0-5120-330 Police Investigations-Dept. Supplies 280 PO#16734
10-5120-330 Police-Investigations-Dept. Supplies 500 PO#16770
1 0-5600-150 Street-Landscaping 1,310 PO#16747
1 0-5800-457 Sanitation-Cont.Serv .ICom. Dum pster 400 PO#16753
1 0-6600-320 Safety-Supplies 728 PO#16749
1 0-6600-330 Safety-Departmental Supplies 595 PO#16749
1 0-6600-332 Safety- Dept.Supplies/OSHA 6,290 PO#16759
10-6600-333 Safety-Dept.Supplies/Office Furniture 2,129 PO#16749
1 0-6900-922 Special Approp.-250th Anniversary 6.761 PO#16151
. $ 36.045
WATER FUND
30-8120-150 Water Plant-Plant/Equipment Repair $ 495 PO#16741
30-8120-150 Water Plant-Plant/Equipment Repair 1,600 PO#16760
30-8120-330 Water Plant-Departmental Supplies 248 PO#16739
30-8120-330 Water Plant-Departmental Supplies 495 PO#16742
30-8120-330 Water Plant-Departmental Supplies 248 PO#16765
30-8140-330 Water Dist.-Departmental Supplies 1,500 PO#16067
30-8140-330 Water Dist.-Departmental Supplies 113 PO#16104
30-8140-330 Water Dist.-Departmental Supplies 947 PO#16727
30-8140-570 Water Dist-Miscellaneous 500 PO#16677
30-8200-330 WWColl.-Dept. Supplies 1,500 PO#16067
30-8200-330 WWColI.-Dept. Supplies 113 PO#16104
30-8200-330 WWColl.-Dept. Supplies 4,800 PO#16689
30-8200-330 WWColI.-Dept. Supplies 947 PO#16727
30-8200-331 WWColI.-Safety Supplies 16,848 PO#16748
30-8200-570 WWColI.-Miscellaneous 500 PO# 16065
30-8200-570 WW Coli. -M iscellaneous 500 PO#16677
30-8220-150 WWTP-Plant/Equipment Repair 364 PO#16755
30-8220-1 50 WWTP-Plant/Equipment Repair 842 PO#16757
30-8220-320 WWTP-Chemicals 2,400 PO#16674
30-8220-330 WWTP-Departmental Supplies 3,687 PO#16739
. 30-8220-330 WWTP-Departmental Supplies 2,151 PO#16742
30-8220-340 WWTP-Outside Lab Service 660 PO#16158
30-8220-740 WWTP-Capital 16,000 PO#16124
$ 57.458
137 North Churton Street · Po. Box 429 . Hillsborough, North Carolina 27278
919-732-2104 · Fax 919-732-1028
268
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VERIFIED:
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MEMORANDUM
269
TO:
Mayor Phelps and the Town of Hillsborough Board of Commissioners
FROM:
The Brough Law Firm; Robert E. Hornik, Jr.
RE:
Involuntary Annexation Procedures
DATE:
June 22, 2004
At the last Town Board meeting, you asked me to summarize. for the Town Board the
procedures for involuntary annexation of property into the Town. This memorandum
summarizes the process. I have included some, but not all, details of the process.
Procedural Steps
Local governments in North Carolina are authorized to engage in the involuntary
annexation of territory by Article 4A of Chapter 160A of the North Carolina General Statutes. In
particular, with respect to towns with a population of 5,000 or more, the involuntary annexation
process is governed by Part 3 of Article 4A of Chapter 160A.
The first official, mandatory step in the process is the adoption of a "Resolution of the
Intent", by which the Town would declare its intention to annex an area described in the
Resolution of Intent. (The Town may adopt a "Resolution of Consideration" first; though not
required, the date on which an Annexation Ordinance can become effective depends in part, on
which "first step" the Town uses). In addition to describing the proposed anriexation area, the
Resolution of Intent must also set a date for a public informational meeting and for a public
hearing on the proposed annexation. The public informational meeting must be held not less
than 45 days nor more than 55 days following the passage of the Resolution of Intent. The
public hearing must be held not less than 60 days nor more than 90 days following the passage of
the Resolution ofIntent.
Even before adopting the Resolution of Intent, the Town will need to prepare, or at least
begin preparing, a report which must include the following information:
1. A map (or maps) of the Town and the adjacent territories showing the present and
proposed (post-annexation) boundaries of the Town, and showing major water
and sewer mains and outfalls, and the proposed extensions thereof. The water and
sewer map must bear the seal of a registered professional engineer.
2.
A statement showing that the area to be annexed meets one of the requirements of
North Carolina General Statutes Section l60A-48 (which establishes the criteria,
discussed later in this memorandum, an annexation area must meet in order to. .
qualify for annexation).
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3.
A statement of the Town's plans for extending major municipal services to the
annexation area. Essentially, the Town is obligated to provide services in areas
involuntarily annexed in the same manner and to the same extent as those services
are provided within the existing Town limits. The overriding policy is that there
must be non-discriminatory provision of municipal services throughout the entire
Town. The services specifically identified in the General Statutes are police, fire,
solid waste, and street maintenance services, but the report should address all
services the Town provides. Furthermore, the plan or report must show how the
Town plans to extend major water and sewer lines to service the area, if it is not
already served by those utilities.
4. A statement of the impact of the annexation on the rural fire department providing
service in the area. This should not pose a problem for the Town, since the Town
does not have its own fire department but rather is served via agreement with the
Orange Rural Fire Department.
5. A statement showing how the proposed annexation will effect the Town's
finances and services. This is essentially the type of fiscal analysis the Town
Manager usual performs with voluntary annexations.
This Report must be made available to the public at least 30 days before the public
informational meeting.
The public informational meeting is designed and intended to allow the public an
opportunity to ask questions "and receive answers" to those questions regarding the annexation.
The public hearing is the "official" presentation of the Annexation Report to the public.
The first order of business at the public hearing on an involuntary annexation is the presentation
of the Annexation Report by a "representative of the municipality." After that presentation,
members of the public must be given an opportunity to be heard. Unlike the public
informational meeting, Town officials are not required to answer the public's questions at the
hearing.
After the public hearing is concluded, the Town Board may adopt an Annexation
Ordinance annexing all or only part of the area described in the Resolution of Intent.
Effective Date Of Annexation
The Annexation Ordinance must provide that the annexation will become effective not
less than 70, nor more than 400, days from the date of passage of the Annexation Ordinance.
There is one procedural "wrinkle" which affects the determination of when to make the
annexation effective. That is, the Town Board may adopt a "Resolution of Consideration" before
it adopts a Resolution of Intent. A Resolution for Consideration is a less formal statement that
the Town Board is "considering" whether to involuntarily annex territory. If the Town Board .
adopts a Resolution of Consideration at least one year before it adopts a Resolution of Intent,
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then the Annexation Ordinance can be made effective less than one year after its adoption.
However, if the Town Board bypasses the Resolution of Consideration step, and starts the
involuntary annexation process with a Resolution of Intent, then the Annexation Ordinance
cannot be effective until at least one year following the adoption of the Annexation Ordinance.
In the latter case - when the Resolution of Intent is the first procedural step taken - the
Resolution of Intent must state that the effective date of the Annexation will be at least one year
from the date of passage of the Annexation Ordinance.
Qualifications Of Annexation Area
In order for an area to qualify for involuntary annexation, it must meet some minimum
criteria. Generally, those criteria require that an annexation area be contiguous to the Town's
existing primary corporate limits for at least 1/Sth of its aggregate external boundary, and that no
part of the annexation area be included within the boundary of another incorporated
municipality. The second main criterion is that part or all of the area to be annexed must be
"developed for urban purposes" at the time of approval of the Annexation Report. The statutes
provide that an area is "developed for urban purposes" ifit meets anyone of the following:
1. Has a total resident population of at least 2.3 persons per acre; or
2.
Has a total resident population of at least 1 person for each acre AND is
subdivided into lots and tracts so that at least 60% of the total acreage consists of
lots and tracts 3 acres or less in size AND such that 65% of the total number of
lots and tracts are 1 acre or less in size; or
3. The area is so developed that at least 60% of the lots and tracts are used for
residential, commercial, industrial, institutional or govenunental purposes, and is
subdivided into lots and tracts so that at least 60% of the total acreage, not
counting the acreage used for commercial, industrial, govenunental, or
institutional purposes, is made up of lots and tracts 3 acres or less in size.
The question of whether an area is "developed for urban purposes" is a common source
of dispute. Therefore, it is most important that the Annexation Report address this issue
thoroughly and accurately. Annexation Ordinances are often challenged on procedural grounds,
too. There must be "substantial compliance" with the procedures required by the annexation
statutes. The Courts will tolerate small "irregularities", but a series of "irregularities" or a single,
large procedural defect could be enough for a Court to remand an annexation ordinance back to
the Town for remedial action.
There seems to be more and more involuntary annexation activity in this State, especially
over the past 5 years as local govenunents seek new revenue sources. There is a growing body
of case law on annexation challenges. If the Town faithfully follows the statutory procedures,
and crafts its proposed annexation areas carefully, the Town will be able to withstand legal
challenges. A key factor will be carefully laying out the boundaries of any proposed annexation
area.
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