HomeMy Public PortalAbout02-14-2005 Regular Session
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Minutes
February 14, 2005 Regular Board Meeting
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MInutes Approwd: March 14, 2005
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MINUTES
HILLSBOROUGH TOWN BOARD
February 14,2005
7:30 PM, Town Barn
Town
of
Hilli
The Hillsborough Town Board held a regular meeting on February 14, 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, and Evelyn Lloyd. Absent was
Commissioner Frances Dancy. Staff present were Town Manager Eric Peterson, Assistant Town
Manager/Public 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. '
7:33:41 PM Mayor Joe Phelps called the meeting to order at approximately 7:30 PM.
1. PUBLIC CHARGE
7:34:22 PM Mayor Phelps did not read the Public Charge, but stated that it would be followed.
2. INTERVIEWS FOR VOLUNTEER ADVISORY BOARD
7:34:28 PM
A. Interview volunteer candidate Sabrina Covington-Farrar to fill Hillsborough
Representative Seat on the Orange County Human Relations Commission
7:34:34 PM The Board interviewed Sabrina Covington-Farrer for the Orange County Human
Relations Commission. Ms. Covington-Farrer stated that she is also interested in serving on the
Orange Community Housing and Land Trust Board, and was interviewed for that seat as well.
B. Interview volunteer candidate Anna (Nan) C. Dameron to serve on the Margaret Lane
Cemetery Committee
7:40:21 PM The Board interviewed Nan Dameron for the Margaret Lane Cemetery Committee
to serve as an alternate.
C. Interview Eric Oliver to fill an In-Town Alternate vacancy on the Board of Adjustment
7:43:28 PM The Board interviewed Eric Oliver for the Board of Adjustment to serve as an
alternate.
D. Interview Tommy Sikes to fill an Out-of-Town vacancy on the Board of Adjustment
7:44:46 PM The Board interviewed Tommy Sikes for the Board of Adjustment to fill an Out-
of-Town vacancy.
3. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
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7:45:56 PM Mayor Phelps removed Items 5.E, and lO.E from the Agenda.
7:46:31 PM Commissioner Hallman requested that Item 9.B, be removed from the Consent
Agenda and be considered separately after the Consent Agenda Items are heard.
4. AGENDA CHANGES & AGENDA APPROV AL
7:48:09 PM By consensus, the Board approved the Agenda with the aforementioned
amendments.
5. APPOINTMENTS
A. Consideration of a resolution asking BOCC to appoint Sabrina Covington-Farrar to the
Orange County Human Relations Commission as the Town's Representative
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board
moved to appoint Sabrina Covington-Farrar to the Orange County Human Relations
Commission and to the Orange Community Housing and Land Trust Board as the Town's
Representative by a vote of 4-0. The motion was declared passed.
B. Consider Appointment of Anna (Nan) C. Dameron to the Margaret Lane Cemetery
Committee
Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the Board
moved to appoint Anna (Nan) C. Dameron to the Margaret Lane Cemetery Committee as an
Alternate by a vote of 4-0. The motion was declared passed.
C. Consider appointing Eric Oliver to the Board of Adjustment as the in-town alternate with
a term to expire March 31,2008
Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board
moved to appoint Eric Oliver to the Board of Adjustment as the in-town alternate with a term to
expire March 31, 2008 by a vote of 4-0. The motion was declared passed.
D. Consideration of a resolution asking BOCC to appoint Tommy Sikes to the Board of
Adjustment as the out of town alternate with a term to expire March 31, 2008
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board
moved to approve a Resolution asking the Orange County Board of Commissioners to appoint
Tommy Sikes to the Board of Adjustment as the out-of-town alternate with a term to expire
March 31, 2008 by a vote of 4-0. The motion was declared passed.
E. Consider Removal of a Water/Sewer Advisory Committee Member Due to Insu:fficient
Attendance
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6. APPROVAL OF THE MINUTES OF THE JANUARY 10,2005 REGULAR BOARD
MEETING, THE JANUARY 10,2005 CLOSED SESSION, TIlE JANUARY 24, 2005
MONTHLY WORKSHOP, AND THE JANUARY 24, 2005 MONTBL Y WORKSHOP
CLOSED SESSION
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board
moved to approve the Minutes of the January 10, 2005 Regular Board Meeting; the January 10,
2005 Closed Session; the January 24, 2005 Monthly Workshop; and the January 24, 2005
Monthly Workshop Closed Session as presented by a vote of 4-0. The motion was declared
passed.
7. A. REPORT FROM TIlE TOWN MANAGER
7:52:25 PM Town Manager Eric Peterson reported that the March 4 deadline for Police Chief
applications is fast approaching. Staff is in the process of scheduling 11 candidate video
interviews.
7:53:10 PM Manager Peterson requested the Board add a discussion of the Agenda for
Thursday's Joint Meeting with Orange County to the end of tonight's meeting. By consensus,
the Board approved.
B. PRESENTATION OF TIlE 2003-2004 AUDIT FROM DIXON ODOM PLLC
7:54:36 PM LaVonne Montague with Dixon Odom PLLC reported on the Town's 2003-2004
annual Audit.
8. REPORT FROM TIlE TOWN ENGINEER
8:00:06 PM Town Engineer Kenny Keel presented an update on all current water/sewer
projects. He also reported that the FY04 Water Audit is complete. Keel stated that town staff
will be taking over the Flushing Program from the Fire Department this month.
9. ITEMS FOR DECISION - CONSENT AGENDA
A. Consideration of a Resolution of support for the Committee to End Homelessness
B. Consider authorizing staff to prepare and submit a HOME grant for funding to acquire
developed property in northern Hillsborough for renovation and resale as affordable
housing
C. Consideration of an Ordinance to amend Chapter 5-11 of the Town Code regarding
Concealed and Unconcealed Handguns
D. Consider approval of Ordinance to amend Chapter 14-13 of the Town Code to address
water theft
E. Consider Resolution accepting the Rates Contained in the FCC Form 1240 and Form
1205 Filed by Time Warner Cable for 2005
F. Consideration of an Ordinance to amend Chapter 4, Section 4-57 Retirement Benefits of
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the Town Code to rescind the imposed "Waiting Period"
Item B was removed for separate consideration.
8:07:13 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman,
the Board moved to approve Items 9.A, 9.C, 9.D, 9.E, and 9.F of the Consent Agenda as
presented by a vote of 4-0. The motion was declared passed. A copy of the Resolution of
Support for the Committee to End Homelessness, the Ordinance to amend Chapter 5-11 of the
Town Code regarding Concealed and Unconcealed Handguns, the Ordinance to amend Chapter
14-13 of the Town Code to address water theft, the Resolution accepting the Rates Contained
in the FCC Form 1240 and Form 1205 Filed by Time Warner Cable for 2005, and the
Ordinance to amend Chapter 4, Section 4-57 Retirement Benefits of the Town Code to rescind
the imposed "Waiting Period" are hereby incorporated by reference and made a part of these
official Minutes as Attachments.
8:08:22 PM Item B. Consider authorizing staff to prepare and submit a HOME grant for
funding to acquire developed property in northern Hillsborough for renovation
and resale as affordable housing
Planning Director Margaret Hauth reminded that on an annual basis the Board votes to
adopt a Resolution that spells out how the Town and other member so the HOME Consortium
want to spend the money we get from HUD each year to forward affordable housing efforts in
the County. The Town matches that money annually based on our population.
Commissioner Hallman reported that he is the Town's Representative on this committee and
also on the Orange County Economic Development Commission and over the last several
months there has been discussion regarding the need to address both economic development of
the Hwy 70 corridor and revitalize the Fairview neighborhood. The County seems to be
interested in seeing this move forward and there are funds available for land acquisition.
Habitat for Humanity has expressed interest in doing some work in the Fairview Community
and already have one lot there. They want to know that the Town is committed to this effort.
The Community Land Trust is interested in moving there. Empowerment is also interested. On
February 23rd there will be a feedback session at the Fairview Community Policing Center as
the first step to get the neighborhood involved. This session is expected to be attended by at
least two County Commissioners, anyone from the Town Board, a representative from each of
the housing groups, and Tara Fikes with the Orange County Housing Department.
After some discussion and upon a motion by Commissioner Gering, seconded by
Commissioner Hallman, the Board moved to authorize staff to prepare and submit a HOME
Application for funding in the amount of $100,000 to acquire developed property in northern
Hillsborough for renovation and resale as affordable housing by a vote of 4-0. The motion was
declared passed.
10. ITEMS FOR DECISION - REGULAR AGENDA
A. Discuss Proposed Sewer Extension Agreement, Annexation, and Zoning of the
Lockwood Property
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1. Consideration of Sewer Extension Contract for Durham Mortgage Company
8:27:16 PM Town Engineer Kenny Keel presented the Sewer Extension Contract for the
Board's consideration. He explained that there needs to be an approved Sewer Extension
Contract prior to annexation. The project is approximately 400 feet from existing Town sewer,
and the extension of the sewer line to serve the project is straightforward. A water line passes
in front of the property, and will not require an extension.
8:31 :40 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the
Board moved to approve the Sewer Extension Contract for Durham Mortgage Company as
presented by a vote of 4-0. The motion was declared passed.
2. Consideration of an ordinance to annex approximately 1 acre parcel at 1020 US 70
A East (TMBL 4.40.B.5)
8:28:07 PM Planning Director Margaret Hauth presented the Annexation Ordinance for the
Board's consideration. She stated that there were comments from the Public Hearing which
included concerns from a neighboring owner about how the property is developed. These
issues will be addressed by the Board of Adjustment if the property is annexed and
redevelopment moves forward. If the drainage area on the property is a perennial or
intermittent stream, Neuse Buffers will be required.
. 8:32: 11 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the
Board moved to adopt the Ordinance to annex approximately 1 acre parcel at 1020 US 70 A
East (TMBL 4.40.B.5) as presented by a vote of 4-0. The motion was declared passed. A copy
of the Annexation Ordinance are hereby incorporated by reference and made a part of these
official Minutes as an Attachment.
3. Consideration of an ordinance to zone approximately 1 acre parcel at 1020 US 70 A
East Office Institutional (TMBL 4.40.B.5)
Planning Director Hauth presented the Zoning Ordinance for the Board's consideration and
stated that the Planning board recommended approval of this request by a 7-1 vote.
8:32:40 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen,
the Board moved to adopt the Ordinance to zone approximately 1 acre parcel at 1020 US 70 A
East Office Institutional (TMBL 4.40.B.5) as presented by a vote of 4-0. The motion was
declared passed. A copy of the Zoning Ordinance are hereby incorporated by reference and
made a part of these official Minutes as an Attachment.
B. Consideration of a Proposal from David Gourley to act as the Town's acquisition agent
to acquire property for Riverwalk
8:33: 12 PM Planning Director Hauth reported that Mr. David Gourley is an acquisition
specialist who is currently working with Hillsborough on the Cates Creek outfall. He has also
worked with many governments in the Triangle to acquire park and greenway property as well
as utility corridors. She explained that negotiating with property owners for this project
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requires skills and knowledge that the staff does not have. It also requires large segments of
time dedicated to bringing the parties to a resolution, which is difficult for staff with other
responsibilities. Current funding exists to pay for his services.
Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the
Board moved to approve the Proposal from David Gourley to act as the Town's acquisition
agent to acquire property for Riverwalk as presented by a vote of 4-0. The motion was declared
passed. A copy of the Proposal is hereby incorporated by reference and made a part of these
official Minutes as an Attachment.
C. Consideration of Request from Cynthia Stauffer close a portion of the right-of-way on
the shorter portion of Piney Lane
8:35:15 PM Assistant Town Manager/Public Works Director Potts reported that during the
2004 Board of Commissioners Retreat, staff was given direction to determine the cost of
improving all unpaved streets in the Town limits. Staff came up with the following list of
unimproved streets: Boundary Street, East Drive, Piney Lane (East & West), Coley Circle,
Maplewood Drive, Benton Street, Warner Lane, Daye Street, Spring Street, & Faribault Lane.
The Town hired Summit Consulting Engineers in September of 2004 for Street Design Services
for piney Lane, Boundary Street and East Drive. Scope of work includes Deed Research,
Existing Conditions Survey, Engineering Plans, Survey Right-of-Way, and Plat Preparation.
Completed design plans are expected in the Spring of 2005. The Contract cost for Engineering
Services is $6,350. The Cost for road improvements is unknown at this time. He reported that
staff will get road improvements cost information when the project is put out for bids.
Austin Larie stated that if the road were connected, it would run 3-4 feet from his front
porch. He prefers that Piney Lane not be connected to Allen Ruffin Avenue.
Cynthia Stauffer also stated that she would prefer Piney Lane not be completed as a
through street.
Assistant Town Manager/Public Works Director Potts stated that it is staff's
recommendation for the Town to maintain ownership of the right-of-way and to improve the
existing Piney Lane portion, but not make it connect to Allen Ruffin.
The Board took no action on this Item.
D. Consideration of Special Use Permit for a 1000 sf coffee shop (restaurant C) in Sinclair
Station (105 W Corbin Street) (TMBL 4.19.A.ll)
8:47:45 PM Planning Director Hauth reported that the application shows seating for 16
persons, retail space, and operating hours of 7:00 AM - 9:00 PM. The building currently exists
with parking and landscaping in place. Any signs will have to be reviewed by the Historic
District Commission & meet ordinance requirements. The application does not include a
request for drive-up service, delivery service, on-site food preparation, special events, or service
of alcoholic beverages. These have all been excluded through conditions on the SUP.
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Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the
Board moved to approve a Resolution granting the Special Use Permit for a 1000 sf coffee shop
(restaurant C) in Sinclair Station (105 W Corbin Street) (TMBL 4.19.A.ll) as presented by a
vote of 4-0. 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.
E. Consideration of an ordinance rezoning 3.34 acres from General Commercial to R -lOon
Orange Grove Road (part ofTMBL 4.38.B.19)
8:49:38 PM By consensus, this Item was tabled to the March Agenda.
F. Consideration of a request from DIAN Two, LLC to amend the Special Use Permit at
Hampton Pointe to shift building locations on the site
8:49:46 PM Planning Director Hauth reported the owners of Hampton Pointe have requested
a minor modification to the approved Special Use Permit for the site to accommodate some
code and ownership changes since the initial approval. To accommodate this change, a 6,000
square foot building is proposed in front of Home Depot. This building will be identical to the
ones in front of Wal-mart This change meets the criteria in Section 4.44.1 to require Town
Board approval of the change.
Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the
Board moved to approve the amendment of the Special Use Permit at Hampton Pointe to shift
building locations on the site as presented by a vote of 4-0. The motion was declared passed. A
copy of the Original and the Revised Plan are hereby incorporated by reference and made a part
of these official Minutes as Attachments. .
G. Consideration of a request from the EYC Companies to amend the Special Use Permit
for Corbinton Commons to allow Multi-unit Assisted Housing with Services
8:55:51 PM Planning Director Hauth presented a request from the EYC Companies to amend
the approved Special Use Permit to allow the development of MARS assisted living units rather
than Adult Care units or to allow the development of the site with the assisted living component
to come later. She stated that the Board has the option to call a public hearing on this request if
the Board finds the modification substantial in its impact or wishes to have additional public
input.
Hauth reported that the Board's Agenda Packet contains staff prepared conditions from
October 2003 which were attached to the court-approved Special Use Permit. At the
applicant's request, she has interpreted Condition 1 to require the construction of a licensed
assisted living facility, which, in the states terms is an adult care facility. The applicant
appealed this interpretation and the Board of Adjustment upheld the decision. Hauth stated that
she relied on the record before the Boards in making her interpretation. The primary difference
between Adult Care and MARS is who holds the license. In Adult Care, the facility holds the
license. In MARS, the providers who come into the facility are licensed.
Hauth explained that one part of the applicant's request to the Town Board is to modify
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Condition 1 to allow the construction of an assisted living center to the MAHS standard, rather
that the Adult Care standard. The second part of the applicant's request to the Town Board is to
modify Condition 6 to allow the construction of the remainder of the development with an
assisted living center to be built later.
Ellis Coleman addressed the Board and made the request to amend the Special Use
Permit to allow Multi-unit Assisted Housing with Services.
After some discussion, Commissioner Gering stated that he is not in favor of changing
the Special Use Permit.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board
moved to deny the request from the EYC Companies to amend the Special Use Permit for
Corbinton Commons to allow Multi-unit Assisted Housing with Services by a vote of 3-1 with
Commissioners Gering, Lloyd, and Hallman voting Aye; and Commissioner Lowen voting
Nay. The motion was declared passed.
9: 19:51 PM Mayor Phelps call for a short recess.
9:28:34 PM Mayor Phelps reconvened the meeting.
H. Consideration of a request from the Trump Group assist with land acquisition for
Waterstone Drive
9:28:49 PM Peter Henn and Bill Brian addressed the Board and requested that the Board be
prepared to step in and assist in the solution to this issue since the project's time schedule is so
tight.
Mayor Phelps strongly urged the parties involved to work out the issues among
themselves and not rely on the Town to solve the problems.
Orange County Attorney Goof! Gledhill stated that the access from Old 86 to New 86
was a negotiated issue at the time of the County's approval of the project.
Town Manager Eric Peterson suggested the Board authorize the Town Attorney to
proceed with the preparation of the appropriate paperwork for the "Notice of Intent" required
for the property taking for the Board to consider at the February Worksession. The Board can
always pullout if they decide not to go through with the taking.
By consensus, the Board agreed.
I. Receive letter of interest in annexation from the Design Response regarding 118 acres
on US 70 A across from the Sportsplex
9:47:00 PM Rob Lewis with Design Response addressed the Board and requested they accept
their letter of interest in annexation and request the fiscal analysis for the March Board Meeting.
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By consensus, the Board directed staff to proceed with fiscal analysis to be considered at
the March Regular Board Meeting.
J. Consideration of an ordinance amending the Subdivision Regulations to allow the
possibility of wider rights of way if the utilities cannot be accommodated in the
minimum width
9:50:55 PM Planning Director Hauth presented the Ordinance for the Board's consideration
and explained that this amendment will clearly authorize the Town to require additional street
right of way width to accommodate all utilities. The Planning Board unanimously
recommended approval of this request
9:53:16 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering,
the Board moved to approve the Ordinance amending the Subdivision Regulations to allow the
possibility of wider rights-of-way if the utilities cannot be accommodated in the minimum
width as presented by a vote of 4-0. 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.
K. Consideration of an ordinance amending the Zoning Ordinance to authorize the
Planning Board to approve its Rules of Procedure
9:53:25 PM Planning Director Hauth presented the Ordinance for the Board's consideration
and explained that the amendment will allow the Planning board to adopt and amend its rules of
procedure. The Planning Board unanimously recommended approval of this request.
Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the
Board moved to approve the Ordinance amending the Zoning Ordinance to authorize the
Planning Board to approve its Rules of Procedure as presented by a vote of 4-0. 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.
L. Consideration of Engineering Services Proposal for Street Improvements at the corner
of Tryon Street and Churton Street
9:54:20 PM Assistant Town Manager/Public Works Director Potts presented the Engineering
Services Proposal for the Board's consideration. He stated that the Proposal is to find an
engineering solution for a drainage/erosion/tree problem at W. Tryon Street and N. Churton
street. The existing intersection floods during average rain events and excessive erosion is
evident.
9:59:10 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the
Board moved to approve the Engineering Services Proposal for Street Improvements at the
comer of Tryon Street and Churton Street as presented by a vote of 4-0. The motion was
declared passed. A copy of the Proposal is hereby incorporated by reference and made a part of
these official Minutes as an Attachment.
M. Consider a Request to Amend the Town Code to allow Town Employees to Run for
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Elected Office in other governmental organizations, and still remain employed with the
Town
9:59:21 PM Town Manager Eric Peterson explained that this request for a Town Code
amendment is being made by Hillsborough Police Sergeant William Parker. Currently the
Town Code prohibits Town employees from seeking elective office and maintaining
employment with the Town. Sergeant Parker is planning on running for Sheriff of Orange
County in 2006. As the Ordinance currently exists, he would have to resign his position or take
an unpaid leave of absence with the Town upon filing to run for Sheriff. Sergeant Parker is
requesting the Board consider amending the Ordinance to allow Town employees to continue
employment while seeking an elective position with organizations other than the Town of
Hillsborough.
A brief discussion ensued. By consensus, the Board directed the Town Attorney to draft an
Ordinance amendment for the Board to consider at a later meeting.
N. Discuss and Consider Authorizing Town Manager to enter into an Agreement with
Raftelis Financial Consultants from Charlotte to Perform a Water/Sewer Rate Study and
Create a Rate Model
10:10:23 PM Town Manager Eric Peterson explained that the Rate Study would 1)
Recommend Water & Sewer rates based on a 5-year revenue & expenditure forecast for the
Water/Sewer Fund, 2) Create a Rate Model in Excel to make it easier for the staff to calculate
and analyze various rate scenarios, and 3) Propose the elimination of the 3,000 gallon minimum
rate and create a new base rate that is considered a more equitable means of billing for
water/sewer service.
Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the
Board moved to authorize the Town Manager to enter into an Agreement with Raftelis
Financial Consultants from Charlotte to Perform a Water/Sewer Rate Study and Create a Rate
Model by a vote of 4-0. The motion was declared passed.
10:20:40 PM ADDED ITEM: Discussion of proposed agenda for Thursday's, Joint meeting
By consensus, the Board agreed to suggest deleting Item 3.C, and adding an Item on
Homelessness.
O. Consideration of "Hot Topics" for the February Worksession
10:31 :56 PM Town Manager Peterson reminded the Board of the upcoming State of Economy
Breakfast sponsored by Orange County and informed them that the Town would have a table
reserved.
11. CLOSED SESSION
10:37:33 PM
A. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3)
to meet with Town Attorney regarding Closed Session Minutes
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Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board
moved to go into Closed Session by a vote of 4-0. The motion was declared passed.
Upon returning to Open Session and upon a motion by Commissioner Hallman,
seconded by Commissioner Lloyd, the Board moved to open or ''unseal'' the following Closed
Session Minutes:
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February 13, 1995 - Re: Property Acquisition
February 20, 1995 - Re: Property AcqulslOOn
· August 14,1995 - Re: Potential Uligalion
· September 11, 1995 - Re: Pending Utigation
November 14, 1995 - Re: Potential Utigation
February 12, 1996 - Re: Potential Utigalion
· May 13. 1996 - Re: Personnel Matter
· Augusl12, 1996 - Re: Property Acquisition
October 15, 1996 - Re: ~ Acqulsllion
November 12, 1996 - Re: Potential Utiga1lon
February 10, 1997 - Re: Property Acquisition
· AprD 8. 1997 - Re: Properly AcqulsItion
August '0, 1997 - Re: Personnel Matter
September 11,1997 - Re: Personnel Maller
September 12. 1997 - Re: Personnel Matter
September 15.1997 - Re: Personnel Matter
September 18, 1997 - Re: PersooneI Matter
September 22, 1997 - Re: PeISOI1ne1 Matter
September 29. 1997 - Re: Personnel Matter
0clDber 13, 1997 - Re: Personnel Matter
November 17, 1997 - Re: Consult with Attorney
February 9, 1998 - Re: Potential LitIgation
· March 16. 1998 - Re: Property Acquisition
· AprlI14, 1998 - Re: Per.;onneI Matter
May 11, 1998 - Re: Consult with Attorney
June 8. 1998 - Re: Personnel Matter
June 10, 1998 - Re: Personnel Matter
July 13, 1998 - Re: Property Acquisition
September 14, 1998 - Re: Potentiallitlgation & Personnel Matter
· October 12. 1998 - Re: Po1entiaI Litigation & Property Acquisition
· November 9. 1998 - Re: Pending UIlgation
· Oealmber 14, 1998 - Re: Potential litigation
February 14, 2000 - Re: PendIng utiga1lon
March 13. 2000 - Re: Personnel MaUer
May 8, 2000 - Re: Personnel Matter
June 12, 2000 - Re: Pending Utigation & Property Acquisition
July 10, 2000 - Re: Potential Utigation
October 9. 2000 - Re: Potential Utigation
October 23, 2000 - Re: Personnel Matter
November 14, 2000 - Re: Pending Litigallon
January 8, 2001 - Re: Personnel Matter
February 12, 2001 - Re: Personnel Matter
March 12, 2001 - Re: Pending Utigatioo
AprlI9, 2001 - Re: Pending UligaOOn
May 14. 2001 - Re: Pending LitIgation
July 9. 2001 - Re: Pending Litigation
September 10, 2001 - Re: Pending Utigatlon
· November 13, 2001 - Re: Personnel Matter & PendIng LitIgation
· May 13, 2002 - Re: Property Acquisition & Pending LitIgation
May 23. 2002 - Re: Property Acquisition
December 2, 2002 - Re: Pending Utiga1lon
· February 10, 2003 - Re: Pending Utigation
May 12, 2003 - Re: Po1ential Litigation
· June 9, 2003 - Re: Potential Litigation
· September 8. 2003 - Re: Pending UIlgation & Property Acquislllon
0clDber 27. 2003 - Re: Property Acquisition
by a vote of 4-0. The motion was declared passed.
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12. ADJOURN
Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board
moved to adjourn at approximately 11 :00 PM by a vote of 4-0. The motion was declared
passed.
Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
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RESOLUTION IN SUPPORT OF THE
PARTNERSHIP TO END HOMELESSNESS IN ORANGE COUNTY
WHEREAS, in October 2003, Triangle-area elected officials were briefed on the 10 Year
Plan to End Homelessness Initiative sponsored by the United States Interagency Council on
Homelessness; and
WHEREAS, on November 18, 2004, Orange County, the Town of Chapel Hill, and the
United Way hosted a Roundtable Discussion on Homelessness in Orange County attended by
more than 150 community members; and
WHEREAS, the Roundtable Planning Committee has continued to meet to review
feedback from the November 18th event and recommends the establishment of the Partnership to
End Homelessness in Orange County to continue to pursue this Initiative in the County; and
.
-WHEREAS, the County's success in this Initiative wiii reSt on the strength of the
partnership of its local governments and community leaders; and
WHEREAS, the Planning Committee requests the founding members of the Partnership
to End Homelessness in Orange County to include the Towns ofCarrboro, Chapel Hill,
Hillsborough and Orange County; and -
WHEREAS, each founding member is asked to appoint a representative to the Planning
Committee for the Partners~p; and
WHEREAS, the Planning Committee will be charged with developing a process for the
creation of a 10- Y ear Plan to End Homelessness;
NOW, THEREFORE, be it resolved, that the Hillsborough Town Board of
Commissioners support the establishment of the "Partnership to End Homelessness in Orange
County."
This the 14th day of February, 2005.
.
ATTEST:
101 East Orange Street · P..o. Box 429 · Hil/sborough, North Carolina 27278
'3 ,-.
'. .j
AN ORDINANCE AMENDING SECTION 5-11 OF THE HILLSBOROUGH
. TOWN CODE REGARDING CONSEALED AND UNCONCEALED HANDGUNS
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS AS
FOLLOWS:
Section 1.
Chapter 5 - Offenses, of the Hillsborough Code is hereby amended as follows:
Section 5-11 Concealed and Unconcealed Handl!UDs and/or Weapons
Prohibited on Town Property
In the Section Title, the words "and/or weapons" should be added after the word
"handgun" .
In the first paragraph, line 5, the words "and/or weapon" should be added after the
word "handgun".
In Paragraph (b) the words "or weapon" should be added after the word "ftrearm".
Section 2.
All provisions of any Town Ordinance in conflict with this Ordinance are
Repealed.
.
Section 3.
This ordinance shall become effective upon adoption.
The foregoing ordinance having been submitted to a vote, received the following vote
and was duly adopted this /</M day of.Rg 2IJOS-.
/
Ayes: ~
Noes: ff
Absent or Excused: -'--
~L4<6~
onna F. Armbnster, CMC
Town Clerk
.
34
. AN ORDINANCE AMENDING CHAPTER 14, SECTION 14-13 BILLS
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH
ORDAINS:
Section 1. Chapter 14, Section 14-13 Connection Required is hereby amended as follows:
(a) Delete the following statement "Iflocks are broken, the," from sub-section (a), and
replace with "If any tampering to the meter, lock or service connection occurs, a."
Also remove "broken lock" from the end of the same sentence and replace with
"tampering event."
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 Ordinan~ :Aving been submitted to a vote, received the following vote and
was duly adopted this the /' day of ;:~I3RLt h'/ltj , 2005.
.
Ayes: J/
Noes: ~
Absent or Excused ~
nna F. Armbrister, CMC
own Clerk
.
35
.
TOWN OF HILLSBOROUGH
NORTH CAROLINA
Accepting the Rates Contained in the FCC Form 1240 and Form 1205 Filed by Time Warner Cable for
2005 and Rejecting the Form 1235 Rate Requested by Time Warner Cable Because the Form FCCI235
"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 within 30-days from the Date of This Rate Order. Further, the Town of Hillsborough
Adopts the Report Prepared by Action Audits, LLC., as its Own.
WHEREAS, the Town of Hillsborough, North Carolina ("Town") has initiated the regulation of rates
and charges for the provision of basic service, equipment and installation of cable television pursuant to the
Cable Television Consumer Protection and Competition Act of 1992;
WHEREAS, the Town is certified by the FCC to regulate basic service tier rates and permitted to
regulate rates for basic cable service, equipment and installation;
WHEREAS, Time Warner Cable is a duly franchised cable operator for the Town and whose rates
for basic service, equipment and installation are regulated by the Town;
WHEREAS, on September 30,2004 the Town received the following forms: 1240, 1235; and 1205
from Time Warner Cable;
.
WHEREAS, the Town has received and carefully considered a report from Action Audits, LLC
(hereinafter referred to as "Report") which reviewed the forms 1240, 1235, and 1205;
WHEREAS, the Report states that the form 1240 sets the regulated rate for the Basic Service Tier;
WHEREAS, the Report states that the form 1240 rate calculations properly calculate inflation,
programming, copyright fees;
WHEREAS, the form 1235 sets the regulated rate for the Monthly Network Upgrade Add-on charge;
WHEREAS, the Report states that continued reliance on the initial form 1235 rate calculation to
properly recover upgrade costs is no longer valid;
WH EREAS, the Report states that the form 1205 properly sets the regulated rate for Installation and
Equipment;
WHER EAS, after appropriate public notice, a public hearing was held for the purpose of allowing
the public and interested parties to comment on the rates;
\VHEREAS, Time Warner Cable was given the opportunity to provide written and oral comments
to the Town with respect to the rates and the draft form of this Rate Order; and
WHEREAS, the Town has carefully considered the materials, forms and statements submitted by
Time Warner Cable.
.
')8
.)
.
Now, Therefore, Town of Hillsborough, North Carolina Makes the Following Findings of Fact and
Conclusions of Law with Respect to the Proposed Rate to be Charged Time Warner Cable Customers:
The Town incorporates by reference all of the preamble set forth above;
The Town has reviewed the Report and incorporates by reference the Report, which is attached hereto;
The Town finds that Time Warner Cable's Maximum Permitted Rate for Basic Tier Service ($10.42
for NC-0936 and $11.41 for NC-0068) as set forth in the form 1240 does comply with the FCC's rate
regulations;
The Town finds that the initial "Add-on" Rate for Basic Tier Service contained in the forml235 does
not comply with the FCC's Abbreviated Cost-of-Service Rules for system upgrades. Said rules require the
upgrade cost allocation recovery fee based on channellservicelbandwidth allocation which set an original "Add-
on" rate of$I.81 for NC-0936 and $1.45 for NC-0068. Going forward, the FCC's Cost of Service rules require
the operator to ensure that regulated service subscribers do not pay for unregulated service costs, and that the
Company does not over recover the cost of its upgrade, by periodically recalculating its "Add-on" rate to
accommodate such changes as the proportion of regulated bandwidth, the current 'customer count and capital
cost recovery reductions attributed to accumulated depreciation;
The continued reliance on the form 1235 rate approved 5-years earlier does not comply with the FCC's
Abbreviated Cost of Service Rules for system upgrades capital investment recovery; and
The Town finds that the Installation and Equipment rates set forth in the form 1205 comply with the
FCC's rate regulations.
.
Now, Therefore, Be it Ordered by the Town of Hillsborough, North Carolina, That:
Time Warner Cable's Maximum Permitted Rate for Basic Tier Service rate contained in the form
FCC 1240 does comply with the FCC's rate regulations and is hereby accepted;
Time Warner Cable is permitted to implement its form 1240 $10.42 for NC-0936 and $11.41 for NC-
0068 rates;
Time Warner Cable's form 1235 $1.81 for NC-0936 and $1.45 for NC-0068 "Add-on" rate no longer
complies with the FCC's Cost of Service rules and is rejected;
Time Warner Cable is not permitted nor authorized to recover its form 1235 $1.81 for NC-D936 and
$1.45 for NC-D068 "Add-on" rates;
Time Warner Cable must submit to the Town within 3D-days from the date of this Rate Order for
approval a revised form 1235 that properly calculates the current Add-on rate using the FCC's Cost of Service
Rules;
Time Warner Cable is required to submit to the Town within 3D-days from the date of this Rate Order
a financial statement showing the original upgrade investment (cost), accumulated depreciation by year, current
residual value by year, the amount recovered to date by year, an estimate of the remaining cost recovery period
and the customer count for each year since the Add-on rate has been in effect;
Time Warner Cable's Installation and Equipment rates contained in the form 1205 comply with the
FCC's rate regulations and are accepted;
.
The Town adopts the Report as its own;
.. \ /"'1
.j ,
.
The Town reserves its rights to review and consider any new information and issue a revised Rate
Order based on that evidence;
This Rate Order will be effective immediately and provided to Time Warner Cable via US Certified
Mail; and
A copy ofthis Rate Order shall be released to the public.
~.ih Adopted
I a.ot)f)
and
Approved
by
the Town of Hillsborough
this the liM
Day
of
.
Deliver via Certified U.S. Mail to: Paul Baccellieri, VP Finance @ Time Warner Cable 101 Innovation A V., Suite 100, Morrisville, NC
27560.
.
File copy to: Robert F. Sepe, Action Audits, LLC @ 101 Pocono Lane, Cary, NC 27513
.
.
.
r\ S.
,j
AN ORDINANCE AMENDING CHAPTER 4 OF THE TOWN CODE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF BILLSBOROUGH
ORDAINS:
Section 1
Chapter 4, Section 4-57 Retirement Benefits of the Hillsborough Town Code is
hereby amended as follows:
In Paragraph (b) delete the phrase "who has successfully completed their
probationary period".
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 thisLr/J, day of /~ ~a?S- .
Ayes: I
Noes: -I)-
-
Absent or Excused ~
&~
.
.
.
.')Q
,) j
PLEASE RETURN TO: Donna F. Armbrister, Town Clerk, Town of Hillsborough, POBox
429, Hillsborough, NC 27278
Ordinance No. 20050214-01
The following ordinance was introduced by Commissioner Brian Lowen, and duly seconded by
Commissioner Evelyn Lloyd_.
AN ORDINANCE ANNEXING
CERTAIN CONTIGUOUS PROPERTY
WHEREAS, a petition was received requesting the annexation of the .99 acre parcel on
the north side of US 70 A with the address of 1020 US 70 A-and TMBL of,4.40.B.5;
WHEREAS, the petition was signed by the owners of all the real property located within
such area; and
WHEREAS, a public hearing on the annexation was held on January 25, 2005 following
notice of such hearing published in the News of Orange County on January 12. 2005 and the
Chapel Hill Herald on Janwiry 22, 2005.
NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF
HILLSBOROUGH ORDAINS:
Section 1. The .Board of Commissioners finds that a petition requesting the annexation of
the area described in Section 2 was properly signed by the owners of all the real property located
within such area and that such area is contiguous to the boundaries of the town of Hillsborough,
as the term "contiguous" is defined in G.S. 160A-31(f).
Section 2. The following area is hereby annexed to and made a part of the Town of
Hillsborough:
All of the land encompassed in parceI4.40.B.5.
Section 3. This Ordinance shall become effective on adoption.
.
.
.
40
Section 4. The Town Clerk shall cause to be recorded in the Office of the Register of
Deeds of Orange County and in the Office of the Secretary of State an accurate map of the
annexed territory described in Sections 2 and 3 together with a duly certified copy of this
ordinance. Such a map shall also be delivered to the Orange County Board of Elections as
required by G.S. 163-288.1.
The foregoing ordinance having been submitted to a vote, received the following vote and was
duly adopted this 14th day of February, 2005.
Ayes: 4
Noes: 0 ,IlIlIe"11
l~\F I J
Abs~~t-oOVx~8 ~"'"
,'~ <9a ~
~' ~~ ~ ~
, ~ 0 ~
'0 ;".;'....
= I-- To.vn ~ ~
~ of (j) -
'.i iji}J, . gh ;1; ~
"
"A ..
"'" v.... ...
'~"" 0.-9 .~~ $
"...".'.... I'ft CAoQ\.."'t-7-.'-'"
rtf. n \\\
STATE OP'NORl'H CAROLINA
COUNTY OF ORANGE
~/~
Town of Hills borough
Eric Peterson, Town Manager
~
own of Hillsborough
Do~F. Armbrister, Town Clerk
I, Julie Vance Fogleman, a Notary Public for said County and State, do hereby certify that
Donna F. Armbrister personally appeared before me this day and acknowledged that she is the
Town Clerk for the Town of Hillsborough, a North Carolina municipal corporation, and that she,
as Town Clerk, being duly authorized to do so, executed the foregoing instrument to
acknowledge that it is an annexation ordinance duly adopted by the Town of Hillsborough Board
of Commissioners on the date indicated. #1
Witness my hand and official seal, this the J:r: d
My commission expires
/J /01/ J.()fJ9
I I
, .
.
.
.
41
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 zone
approximately one acre of newly annexed property on the north side of US 70 A
East from county residential to Office Institutional. The parcel is identified at
1020 US 70 A east and 4.40.B,5.
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 14th day of February, 2005,
Ayes: 4
Noes: .lr
Absent or Excused:!
.
.
.
PROPOSAL
42
Assistance in Acquiring Greenway Easements for
Eno River Downtown Greenway Project
Town of Hillsborough
January 28, 2005
1. Contact Informailon
Company: David M. Gourley Real Estate
Contact Person: David M. Gourley
Address: 5408 Levering Mill Rd., Apex, NC. 27539
Phone Numbers: (919) 616-6162
2. Experience. From 1987 through 1998 I was a Real Estate Specialist with the
City of Raleigh. I was hired especially to acquire easements for the Neuse River
Interceptor Sewer Line, a 23-mile long project sewer line project with over 100 property
owners. While the Sanitary Sewer Project was underway, I was asked to see if I could
get any greenways to "piggyback" the sewer easement as long as I was out there to
. include if possible the area between the sewer easement and the riverbank. I completed
the sewer project within schedule and under budget with 98% successful negotiations rate
and acquired approximately 9 miles of greenway and the 1 05-acre Anderson Point Park
in the process. While with Raleigh, I acquired hundreds of sewer line easements as well
as easements for water lines, pump stations, roadway, and drainage projects. I purchased
multiple fee sites as well for water towers, fire stations, pump stations, and parks, most .
notable the Walnut Creek Amphitheatre assemblage, The parks I acquired were, Walnut
Creek Amphitheatre150 acres total), Anderson Point Park (105 acres), Milbumie Dam
Parks East (40 acres)and West (23 acres), Horseshoe Farm Park (132 acres), Thornton
Rd. Park (25 acres), Buffaloe Rd. Canoe Access (5 acres) and Poole Rd. Canoe Access
( 15 acres). I also identified and negotiated the purchase of Buffaloe Rd. Park however
left the City prior to closing.
I resigned from the City of Raleigh in 1998 to work for the South Florida Water
Management District. For the SFWMD, I acquired easements for the Kissimmee River
Restoration Project, and Army Corp of Engineers project. While in Florida, and
opportunity to work for the State Property Office arose where I managed the acquisition
and disposition of real estate for various state agencies. In 2002, I left the State to work as
a consultant for Diversified Energy Services. For DESI, I acquired transmission
easements for Progress Energy Carolina.
3. Plan, Approach, and Process. A green way easement acquisition project such as
the Cates Creek Sanitary Sewer Outfall Project isn't a straightforward project. But the
steps in acquiring the easements basically are. First learn about the project and walk it to
familiarize yourself with the properties and conditions that apply. Have those properties
appraised that are typical and unique by a qualified independent appraiser. Use the
necessary means to get in direct contact with the property owner. Meet with the property
owner on site to discuss the project in detail and make a fair offer. Negotiate the
acquisition based on fact and market conditions as well as respect. Negotiations and
appraisals are the very unique issues with greenway easements. Loss of privacy and fear
of "trespassers" and personal safety are common among property owners facing a
.
.
.
43
greenway project. The other problem with greenway projects is the lack of data on
damages, benefits and cost. If you are planning utilizing eminent domain then the
prospects of condemnation will be handled tactfully with the property owner should a
negotiation impasse occur. No one expects most property owners to like projects that are
acquired under threat of condemnation, however it will be much more palatable for them
if they are treated with respect and honesty. If negotiations reach an impasse, then I will
explain to the property owner the process of condemnation, if it is applicable, so they
fully understand the process in a clear and non-threatening way and provide a clear "pass-
off" to the legal team with all documentation for legal processing.
Greenway easements do not provide a necessity as easily shown as the needs for
capital improvement projects such as roads and utility lines. However, they do provide a
personal necessity for those needing a place to escape for some needed exercise and/or
relative solitude for the mind and body. The other necessity is for environmental
protection of our waterways, greenways acting as a buffer and filter for runoff from rains,
For the Town ofHillsboro, bi-weekly status reports will be provided, and all
contacts will be documented so that the appropriate people can be apprised of the
progress, and potential problems, in a timely manner, once negotiations begin.
4. Conflicts: Any conflicts of interest that arise will be documented and presented within
48 hours of my knowledge of the conflict.
5. Rate of Service. The rate of service will be $750.00 per easement. This includes
easements acquired as well as easements unsuccessfully negotiated and passed on for
condemnation. Only easements where no contact could be made with the property owner
or their representative will not be billable. This rate includes travel, mileage and phone
service. This rate does not include expert testimony in a condemnation case if requested
by the condemnation attorney, or consultation with the attorney beyond a single initial
file "pass-off' meeting. Consultations with the attorney, beyond the initial file "pass-
off' meeting will be billed at $35.00 per hour. Every effort will be reasonably made to
successfully acquire every easement through reasonable negotiations, and
recommendations for settlement will be made for those where expected condemnation
costs will exceed relatively unreasonable (based on market conditions) proposed
settlement amounts. My goal is to make this project as quick and cost effective for the
town, while remaining demonstratively fair to the property owners.
6. References from Governmental Agencies:
City of Raleigh Real Estate Division
Jim Holden, Real Estate Specialist II
919-890-3840
City of Raleigh Attorney's Office
Francis "Raz" Rasberry, Attorney at Law
919-831-6560
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.5408 Levering Mill Rd.
Apex, NC 27539
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46
TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS
RESOLUTION GRANTING A SPECIAL USE PERMIT SUBJECT TO
SPECIAL CONDITIONS AFFECTING SUITE 1 in SINCLAIR STATION
AT 105 WEST CORBIN STREET (4.19A.ll)
WHEREAS, the Town of Hillsborough Board of Commissioners has received an
application from Housewright Building company a Special Use Permit to allow 1000 square feet
of Sinclair Station to be used for a Restaurant C. Sinclair Station is located at 1 05 West Corbin
Street and the 1000 square feet is known as Suite 1 on the parcel 4,19 .A.tl; and
WHEREAS, the Town of Hillsborough Planning Board and the Board of Commissioners
conducted a joint public hearing to consider the application on January 25, 2005 after giving
notice thereof as required by law; and
WHEREAS, at the aforesaid public hearing, the Applicant and all others wishing to be
heard in connection with the Application were given an opportunity to do so; and
WHEREAS, the Town of Hillsborough Planning Board has made it's recommendation to
the Town of Hillsborough Board of Commissioners regarding the Application;
WHEREAS, the Town of Hillsborough Board of Commissioners has considered the
recommendation of the Planning Board and all the information and testimony presented to it at
the public hearing,
NOW, THEREFORE, BE IT RESOLVED by the
Commissioners, on motion of j.. eA!Jt IbtlmAIV
/l'bJt'hL~NI ' this 14th day of February, 2005 as follows;
1, The Board of Commissioners has considered all the information presented to it
both in support of and in opposition to the application at the January 25,2005 public hearing;
Town of Hillsborough Board of
seconded by
2. The Board of Commissioners finds that the requested permit is within its
jurisdiction according to the Table of Permissible Uses, that the application is complete, and that
if the proposed development is completed as proposed in the application, subject to the Special
Conditions attached hereto, it will comply with the requirements of the Zoning Ordinance,
3. The Special Conditions attached to the Special Use Permit as Exhibit B are
intended to preserve and/or promote the health, safety and welfare of the surrounding areas and
the Town of Hillsborough in general, and to insure that the Performance Standards established
by Section 4.48 of the Zoning Ordinance are met.
4. Upon adoption of this Resolution, the Town of Hillsborough shall issue a Special
Use Permit generally in the form annexed hereto as Exhibit A and notice of this decision and
issuance of the special use permit shall be transmitted forthwith in accordance with Section
4.41.10 ofthe Zoning Ordinance.
.
.
.
li7
The foregoing Resolution was put to a vote of the Town of Hillsborough Board of
Commissioners, the results of which vote are as follows:
Ayes: 1
Noes: ./}"
Absent or Excused: I
Dated: /J,f-/J/tlS"
~
onna Armbnster, Town Clerk
Exhibit 2
1.
The proposed Restaurant C is a coffee shop with seating for less than 20 people.
Coffee and hot beverages will be prepared on site, No other food preparation is
permitted on site.
The hours of operation are from 7:00 AM to 9:00 PM.
No alcoholic beverages will be served at this restaurant.
This restaurant does not provide drive-up or delivery.
Live performances are not included in this use.
All signs for this use must meet Zoning Ordinance requirements and receive
Historic District Commission approval.
2.
3,
4.
5,
6,
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50
AN ORDINANCE AMENDING THE SUBDIVISION REGULA nONS
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 2.
Section 3,
Section 4.
Section 4.4.1 of the Subdivision Regulations of the Town of Hillsborough is
amended to add subsection "b" as follows:
Additional street right-of-way may be required in cases were underground public utilities,
sidewalks, and drainage facilities cannot all be located within the minimum stated above.
The subsequent subsections will be re-lettered to reflect the added section.
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 14th day of February, 2005.
Ayes: 1- .
Noes: ,e-
Absent or Excused: /
.
.
.
51
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 2.
Section 3.
Section 21.2.5 of the Hillsborough Zoning Ordinance is hereby amended by
deleting the first sentence and adding the following:
The Board shall adopt Rules of Procedure and regulations for the conduct of its affairs.
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 14th day of February, 2005.
Ayes: -I
Noes: ..e--
Absent or Excused: /
iY\,SUMMIT
. \ Consulting Engineers
I,' J'~
;)1::,
1000 Corporate Drive · Suite 101 · HiIIsborough, Ne 27278
Telephone (919) 732-3883 · Fox (919) 732-6676
January 25, 2005
Mr. Eric Peterson
Town of Hillsborough
PO Box 429
101 East Orange Street
Hillsborough NC 27278
RE: Street Improvements - Engineering Services
TryonlChurton Street
Town of Hills borough
Dear Mr. Peterson:
.
Thank you for extending us this opportunity to propose on engineering services to find a
solution to an ongoing problem in Town at the above referenced location. Following is a
proposal for services to assist the Town in this matter.
Proiect Description
The Town of Hillsborough requests an engineering solution for a drainage/erosion/tree
problem at West Tryon Street and Churton Street. The existing intersection floods during
average rain events and excessive erosion is evident. The Town is looking for an
economical solution that addresses all of these issues.
Scope of Services
1. Existine: Conditions Survey: Survey each existing road (topo, edge of pavement,
ditches, culverts, sidewalks, utilities, etc.).
2. Ene:ineerine: Plan: Prepare engineering construction plans for a curb and gutter
system with additional subsurface drainage and details for each road. Design road
typical sections and pavement d€tails as needed.
.
3. Arborist and Horticulturalist Analvsis: In the process of this service, we will
consult with an arborist and horticulturalist to determine the following: 1) The
current condition of the existing trees and future maintenance to protect them,
2) Plantings and netting methods to stabilize the existing banks which are eroding. I
believe there is a more economical way to stabilize the banks than building a
retaining wall.
Page 1 of3
L:I Contracts&Proposalsl2005 ContractsIPOOOI Hillsborough, Town of Drainage lmprovernents.doc
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53
4, Plan tine: Plan: Prepare landscaping plans to install the proposed plantings for the
bank. stabilization..
5, Permittine:: Submit for review and approval all required permits and encroachment
agreements as needed.
6. Meetine:s: Presentations at Town meetings, etc. (assuming 2).
Estimated Fee for Services
1, Existing Conditions Survey
2. Engineering Plan
3. AnaLysis *
4. Planting Plan*
5. Permits
6. Meetings
$ 950.00
$ 3,800.00
$ 1,000.00
$ 1,000.00
$ 675.00
$ 500.00
Grand Estimated Total:
$ 7,925.00
* These items are approximated. We intend on utilizing a local Landscape Architect and
others as subconsultants as needed.
We will invoice you monthly for services rendered. In addition to our fee for effort, we
will invoice you for reimbursable expenses (mileage outside Hillsborough, plotting,
printing, copying, postage, deliveries, etc.) at 1.1 times our direct cost.
Exclusions
The following tasks are not included in our scope of services, but shall be added as
needed or requested at an hourly rate or fixed fee:
. NCDOT/Municipal review fees.
. Geotechnical investigations.
. Property oWner negotiations.
. Bidding process: Prepare bid package, advertise, review bids and advise Town of
Hillsborough, not included in this fee. '
. Construction Engineering Inspection: Provide construction observation and
pavement testing, QAlQC.
. Any scope item not listed in our above "Scope of Services".
Page 2 of3
L:/ Contracts&Proposalsl2005 ContractsIPOOOI Hillsborough, Town of Drainage Improvements.doc
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~j4
,
Should you choose to accept this proposal, please sign and date below, and return to us.
We are excited about this opportunity, and hope to be working with the Town of
Hillsborough very soon on this street improvement.
Sincerely,
SUMMIT CONSULTING ENGINEERS, PLLC
\
~
Acceptance of this proposal:
Date:
Eric Peterson, Town of Hillsborough
Authorization to Proceed on this date:
Page 3 on
L:I Contracts&ProposalS/2005 Contract.sIPOOOl Hillsborough, Town of Drainage Improvements. doc