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HomeMy Public PortalAbout01-10-2005 Regular Session . . . 1- Minutes ..it.. January 10, 2005 Regular Board Meeting Page1of8 Minutes Approved: February 14, 2005 Town of Hill,~ gh MINUTES IDLLSBOROUGH TOWN BOARD January 10,2005 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on January 10,2005 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Eric Hallman, Michael Gering, Brian Lowen, Frances Dancy, and Evelyn Lloyd. Staff present were Town Manager Eric Peterson, Assistant Town ManagerlPublic Works Director Demetric Potts, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Finance Director Greg Siler, Town Engineer Kenny Keel, and Town Attorney Bob Hornik Mayor Joe Phelps called the meeting to order at approximately 7:30 PM. 1. PUBLIC CHARGE 7:33:21 PM 2. INTERVIEWS FOR VOLUNTEER ADVISORY BOARDS A. Interview candidates for two vacancies on the Planning Board 7:33:24 PM The Town Board interviewed volunteer candidates Thomas J. Campenella and Edna Ellis. 3. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:38:14 PM Tom Campenella addressed the Board regarding the high speed of traffic on King Street. He feels that someone will eventually be injured if changes are not made. 4. AGENDA CHANGES & AGENDA APPROVAL Town Manager Eric Peterson requested to add a Closed Session item on Property Acquisition as the first Closed Session Item. By consensus, the Board agreed. 7:41 :52 PM Commissioner Lowen requested to add a discussion of use of Personal Data Assistants (PDAs) at Board Meetings. By consensus, the Board agreed to add this as the first item on the Regular Agenda Minutes January 10, 2005 Regular Board Meeting Page 2 of8 Minutes Approved: February 14, 2005 2 . 5. APPOINTMENTS A. Appoint volunteers to fill vacancies on the Planning Board 7:44: 17 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to appoint Tom Campenella to fill an in-town vacancy on the Planning Board with a term ending 01-31-2008 by a vote of 5-0. The motion was declared passed. 7:47: 17 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the Board moved to appoint Edna Ellis to fill an in-town vacancy on the Planning Board with a term ending 01-31-2008 by a vote of 5-0. The motion was declared passed. B. Discuss replacement Representative to serve on the Orange Community Housing & Land Trust to fill the seat of Amy Newton 7:48:00 PM The Board directed staff to advertise for this vacancy. Commissioner Hallman stated that he would be willing to go to the meetings until a volunteer is found. 6. APPROVAL OF THE MINUTES OF THE DECEMBER 13, 2004 REGULAR MEETING AND THE DECEMBER 13,2004 CLOSED SESSION . Commissioner Dancy noted corrections which needed to be made on page 6. 7:54:26 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Minutes of the December 13, 2004 Regular meeting including the aforementioned corrections and the Minutes of the December 13, 2004 Closed Session as presented by a vote of 5-0. The motion was declared passed. 7. REPORT FROM THE TOWN MANAGER 7:54:45 PM Town Manager Eric Peterson updated the Board on the Police Chief search. He is receiving completed surveys and has already received several applications. 7:55:22 PM Manager Peterson informed the Board that this is the first year that each department is doing their own Annual Operations Reviews which will be presented as part of the Retreat information. 8. REPORT FROM THE TOWN ENGINEER . 7:56:30 PM Town Engineer/Utilities Director Kenny Keel informed the Board that December 13, 2004 testing concluded that our water system exceeds the standard or maximum contaminant level (MCL) for Total Trihalomethanes (TTHMs). The standard for TIHMs is 0.080 milligrams per liter (mg/L). The average level for TTHMs for the last 12 months was 0.101 mg/L. Due to numerous construction delays with the upgrade at the water treatment plant caused by the contractor, the Town was not able to meet the lower TIHMs limit that was put in 2 . . . Minutes 3 January 10, 2005 Regular Board Meeting Page 3 of 8 Minutes Approved: February 14, 2005 place by the EP A. One part of the upgrade was the installation of a new disinfection process using Ammonia to produce Chloramines, which will alleviate the high levels of TIHMs. The contractor should finish the upgrade soon and the Town is planning to start the new disinfection process during April of2005. 8:05:03 PM Engineer Keel gave status report on all current water/sewer projects. 9. REPORTS A. Receive report regarding the GIS Project 8:05:48 PM Town Engineer Kenny Keel explained that the Geographic Information System Project (GIS) provides detailed mapping of the Town's water and sewer system, as well as zoning and other mapping for the Planning Department. The GIS also includes a database, which allows data on the utility system to be accessed easily, and has potential future use by other departments. Keel introduced Jim Parker and Parker Sniffin who presented an update on the GIS Project stating that they are 90% finished with collecting data for the water/sewer pilot project. They are also working on a stormwater map which will be one of the things required under the new regulations. B. Update on Retaining Wall 8:17:51 PM Assistant Town Manager/Public Works Director Demetric Potts reported that during the FY05 budget process the Board appropriated $12,000 for the construction of a retaining wall to stabilize the embankment at the intersection of W. Tryon Street and N. Churton Street. Staff consulted with representatives from NCSU and Orange County Cooperative Extension who recommended that a 2-3 foot retaining wall be constructed and back filled with sod and that anchor plants be planted to hold the sod in place. Bids for the construction of this retaining wall have been received and the bids are as follows: 1) Jones Concrete Service Co. ($9.616.00, does not include stone facing) 2) McPherson Masonry ($10,150.00) 3) Mattachione Construction, Inc. ($22,800.00) Potts informed the Board that staff has spoken with C.N. Chuck Edwards, Jr., PE, District Engineer, NC Department of Transportation to determine if NCDOT would commit to being involved in a project that would build/construct the retaining wall along the Churton Street section of the Museum. Mr. Edwards indicated that on official request from the Town Board needed to be submitted to Mr. Doug Falyon, Town Representative on NCDOT Board, for consideration of NCDOT participation. Mr. Edwards also indicated that along with the request for participation, NCDOT would need an engineered concept plan with cost estimates for the project for review and approval by Mr. Mike Mills, Division Engineer. Mr. Edwards stated that any retaining wall that is constructed on NCDOT right-of-way had to be constructed per 3 . . . Minutes January 10, 2005 Regular Board Meeting Page 4 of8 Minutes Approved: February 14, 2005 4 NCDOT standards per the NCDOT Structural Geotechnical Division which would review and approve any construction plans. Secondly, Mr. Edwards stated that in NCDOT's consideration of participation in this project, they would potentially look into other improvements of that intersection which could include increasing the radius of the intersection, therefore there would need to be a study to determine the long term benefits of improvements to that intersection. Finally, if the Town gets approval for the project, there would need to be an encroachment agreement signed between the Town and NCDOT. It is estimated that a redesign of this intersection to include a retaining wall, parking, and increase in the radius could cost $100,000 or more. Potts stated that the Hillsborough Tree Board contacted Mr. Robert E. Bardon, PhD., Extension Specialist and Associate Professor, North Carolina Cooperative Extension Service, NC State University, to get his professional opinion on the health and condition of the trees in the area between the sidewalks and roadway. It was Mr. Bardon's opinion that in their present state the trees were reasonable healthy, but if the Town were to construct a retaining wall, he felt that the construction process would destroy the integrity of the root structures of the trees. The Hillsborough Tree Board feels that if the Town moves forward with the concept of constructing a retaining wall, they recommend that the Town hire a consulting firm to develop an engineering study that includes design of the retaining wall, curbing, parking, and tree removal and replacement. By consensus, the Board directed staff to proceed with obtaining a proposal from an Engineering Firm to make erosion corrections to the Tryon Street side of the intersection, and as a second phase -look into what the Town can do on the Churton Street side of the intersection that would not involve NCDOT. 10. ITEMS FOR DECISION - REGULAR AGENDA 8:31 :45 PM ADDED ITEM - USE OF PDAs 8:31 :58 PM Commissioner Lowen led a discussion on the use of PDAs during Board Meetings. He suggested the Board set a policy of not using PDAs or cell phones during meetings due to possible violation of Public Meeting Laws. Commissioner Dancy stated that their use for any purpose other than checking calendars hurts the integrity of the Board. 8:44:27 PM The Board requested that Town Attorney Bob Hornik research the issue and get back with the Board on what the legal boundaries are for electronic technologies in relation to the Public Meeting Laws. 8:45:48 PM Commissioner Lowen again asked the Board to consider a policy not allowing the use ofPDAs and cell phones at meetings. Commissioners Gering and Hallman stated they were not in favor of such a policy since 4 . . . Minutes January 10. 2005 Regular Board Meeting Page5of8 Minutes Approved: February 14, 2005 5' they use their electronic technologies for many purposes. 8:47:01 PM Mayor Phelps and Commissioner Dancy stated that they would like the Board to consider this issue seriously. A. Federal/State matching funds for an archeological survey of the Margaret Lane Cemetery 8:47:33 PM Assistant Town ManagerlPublic Works Director Potts introduced Joe Rees from the Margaret Lane Cemetery Committee who petitioned the Board to apply for a grant that would allow the Margaret Lane Cemetery Committee to acquire funds to contract for professional services to develop a complete and detailed professionally executed site map of the Margaret Lane Cemetery, which would provide an archeological as well as geographic assessment of the cemetery as it exists today. Potts stated that there is a required 40% match for this grant which will not have to be paid until next fiscal year. Commissioner Lowen suggested that a Tourism Grant be applied for to fund all or part of this project. Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to commit $14,900 as a match towards this project and authorized staff to submit the grant application by a vote of 5-0. The motion was declared passed. Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to authorize staff to also apply to the Tourism Board for a Tourism Grant to assist with this project by a vote of 5-0. The motion was declared passed. B. Consideration of Request from Cynthia Stauffer to close a portion of the right-of-way on the shorter portion of Piney Lane 9:06:54 PM Assistant Town Manager Potts reminded the Board that during the Budget Process funds were set aside to make street improvements in this area. 9:07:57 PM Cynthia Stauffer addressed the Board and requested that they agree to close a portion of the right-of-way that abuts her property. 9:09:27 PM Potts showed the Board photos of the unimproved area so they could better understand the area layout. Potts stated that closing this area would have no impact on the services the Town provides. 9:13:1 I PM Town Manager Eric Peterson suggested staff do additional research and make some basic diagrams to bring back to the Board next month with a proposed resolution. By consensus, the Board agreed. 5 . . . Minutes 6. January 10, 2005 Regular Board Meeting Pege60f8 MInutes Approved: February 14, 2005 C. Consideration of Special Use Permit for Goodwill Community Foundation to build a retail store at Hampton Pointe Blvd. 9: I 6:39 PM Planning Director Margaret Hauth reported that the Goodwill Community Foundation plan was heard at the Joint Public Hearing in October. A resident in Beckett's Ridge spoke regarding the potential for noise concerns from the project, including truck service. Following the hearing, the applicants met with the Planning Board at their December and January meetings to discuss revisions to the plans. The Planning Board, by a 6-1 vote, recommended approval of the plan labeled Option B, with the addition of a driveway and sidewalk access to the parcel to the east. 9:]8:09 PM Tom Harrell and Tim Kurmaskie, designers, addressed the Board, presented a diagram outlining the conditions approved by the Planning Board. 9:28:59 PM Edna Ellis expressed her concerns with the public having to look at the drop off containers as they exit the Hampton Pointe area. She stated that the containers need to be concealed. 9:35:28 PM Mayor Phelps stated that he still has a concern with the Goodwill trucks having to back into their dock. Commissioner Lloyd agreed with this concern. 9:49:35 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to defer action on this Item until their next regular meeting by a vote of 5-0. The motion was declared passed. D. Discussion of potential amendments to the approved Master Plan for Waterstone with the Trump Group 9:50:22 PM Planning Director Hauth reported that the Trump Group is proposing two changes to their plan: 1) Maintain the same total amount of approved residential development in Waterstone, but permit a rearrangement of the 271 dwelling units on Parcel 6 in the following manner: · Permit up to 71 single family homes on Parcel 6 · Permit the remaining dwelling units to be located elsewhere in Waterstone or on immediately adjoining parcels should they be formally added to the Waterstone Master Plan 2) Maintain the approved amount of non-residential retail development in Waterstone. (Meaning that the amount of approved non-residential would not be reduced by the relocation of some of the dwelling units from Parcel 6 onto other parcels in Waterstone.) 6 . . . Minutes January 10.2005 Regular Board Meeting Page 7 of 8 Minutes Approved: February 14, 2005 7 9:50:43 PM Peter Henn and Jules Trump, with the Trump Group, addressed the Board to get guidance from the Board on how they wish the Trump Group to proceed. 9:56:12 PM Town Attorney Bob Hornik stated that there would need to be another Public Hearing on this and it would need to be considered as a new application. By consensus, Board agreed to consider the request at the April public hearing and asked the Trump Group to submit further financial information about the impact of the changes so the staff could evaluate them and report to the Town Board in advance of the public hearing. E. Consider Resolution accepting the Rates Contained in the FCC Form 1240 and Form 1205 Filed by Time Warner Cable for 2005 Rejecting the Form 1235 Rate Requested by Time Warner Cable Because the Form FCC1235 "Add-On Rate no longer Complies with the FCC's Cost of Service Rate Rules and Ordering That a Revised Form 1235 and Financial Upgrade Cost Recovery Summary Statement Be Presented to the Town of Hillsborough 10:08:03 PM Town Manager introduced Bob Sepe, President of Action Audits. He went over Action Audits' review of the proposed Timewamer Rate Order. 10:23:00 PMBy consensus, and upon the advise of Bob Sepe, the Board tabled this Item until the February regular Board Meeting. F. Consider Approval of FY06-08 Budget Preparation Calendar 10:25:33 PM Town Manager Eric Peterson reviewed the draft budget calendar. By consensus, the Board approved the draft budget calendar. G. Discuss Possible "HOT TOPICS" for the January 24th Workshop 10:26:3 I PM By consensus, the Board agreed to place a Homelessness Roundtable Update, a discussion of the Strategic Growth Plan, and volunteer interviews for the Water/Sewer Advisory Committee on the agenda for the January 24th Workshop. II.CLOSED SESSION 10:29:4 I PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, ~e Board moved to go into Closed Session by a vote of 5-0. The motion was declared passed. 7 . . . Minutes 8 January 10,2005 Regular Board Meeting Page 8 018 Minutes Approved: February 14, 2005 12. ADJOURN 8