HomeMy Public PortalAbout03-14-2005 Regular Session
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Minutes ~. '..l
March 14, 2005 Regular Board MeeIirg
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MInutes Approved: April 11, 2005
Town
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MINUTES
HILLSBOROUGH TOWN BOARD
March 14, 2005
7:30 PM, Town Barn
gh
The Hillsborough Town Board held a regular meeting on March 14, 2005- at 7:30 PM in the
Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and
Commissioners Eric Hallman, Frances Dancy, Michael Gering, Brian Lowen, and Evelyn Lloyd.
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, Police Chief Nathaniel Eubanks,
Police Captain Judy Jacobs, and Town Attorney Bob Hornik:.
7:36:48 PM Mayor Joe Phelps called the meeting to order at 7:36 PM.
1. PUBLIC CHARGE
7:36:57 PM Mayor Phelps did not read the Public Charge, but indicated that it would be
followed.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
7:37:05 PM Mayor added Item Earth Action Fest Proclamation as Item 8.D. By consensus, the
Board agreed.
3. AGENDA CHANGES & AGENDA APPROV AL
7:37:37 PM By consensus, the Board approved the printed agenda with the aforementioned
addition.
4. APPOINTMENTS
A. Consideration ofre-appointment of Paul Newton to the Planning Board as an in-town
member with a term to expire March 31, 2008
7:37:58 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the
Board moved to re-appoint Paul Newton to the Planning Board as an in-town member with a
term to expire March 31, 2008 by a vote of 4-0. The motion was declared passed.
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March 14, 2005 Regular Board Meeti~
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Minutes Approved: ApriJ 11, 2005
5. APPROVAL OF THE MINUTES OF THE FEBRUARY 14, 2005 REGULAR
BOARD MEETING, THE FEBRUARY 14, 2005 CLOSED SESSION, THE
FEBRUARY 28, 2005 MONTHLY WORKSHOP, AND THE FEBRUARY 28, 2005
MONTHLY WORKSHOP CLOSED SESSION
Commissioner Dancy noted a typographical error in the February 14, 2005 Regular Board
Meeting Minutes on page 5.
7:39:25 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the
Board moved to approve the Minutes of the February 14, 2005 Regular Board Meeting, the
February 14,2005 Closed Session, the February 28, 2005 Monthly Workshop, and the February
28, 2005 Monthly Workshop Closed Session with the aforementioned correction by a vote of 4-
O. The motion was declared passed.
6. REPORT FROM THE TOWN MANAGER
7:39:59 PM Town Manager Eric Peterson welcomed Police Captain Judy Jacobs to the
meeting and informed the Board that she will be the Interim Police Chief upon Nathaniel
Eubanks retirement during the Police Chief recruitment period.
7 :40: 13 PM The Manager reported he had just received a memo from Action Audits
concerning Time Warner Cable which the Board will likely want to discuss at their next
meeting. Time Warner has won a decision over the Cable TV Consortium from the TJCOG
revoking our ability to regulate Time Warner because the FCC has a regulation saying that if
the Cable Company has a competitor with 15% or greater share of the market they are deemed
to have effective competition. The rate regulation would be imposed as other local
governments in the area do. It is supposed to simulate what rates would be like if there were
effective competition. Time Warner says there are 15% or greater households with satellite TV
services in many of the areas local governments in the area (including Hillsborough) so they
ruled in Time Warner's favor. If the Manager has interpreted this information correctly, the
discussion last month is mute because we will loose our regulatory authority. Mr. Sepe has
made several recommendations for the Town to consider which the Manager will present for the
Board's consideration in April.
7: 41 : 5 5 PM Manager Peterson reported that all department heads have turned in their budget
requests. There is still a $1.2 Million deficit. He informed the Board that there will be many
cuts of items that he knows the Board desired but, he will note the cuts so the Board can
identify them. He noted that the Board can always add items back to the budget provided we
find alternative ways to cover the expenses.
Commissioner Lloyd arrived at the meeting.
. 7. REPORT FROM THE TOWN ENGINEER
7:44:07 PM Town EngineerlUtilities Director Kenny Keel presented a status report on all
water sewer projects.
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Minutes Approved: April 11 , 2005
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Mayor Phelps asked the Town Clerk to add Committee Reports as a standard report on the
Printed Agendas in the future.
7:52:30 PM Commissioner Hallman reminded the Board of a Blood Drive on March 28th at
the Rescue Squad building from 11 :00 AM to 3 :30 PM.
7:52:35 PM Mayor Phelps reminded the Board of the upcoming North Carolina League of
Municipalities Regional Meetings and asked that if anyone wanted to attend to let the Town
Clerk know so the registrations could be made.
7:52:50 PM Commissioner Hallman reported that at the HOME meeting this past week they
approved Hillsborough's Grant Application for $100,000 for HOME funds for rehabilitation.
8. ITEMS FOR DECISION - CONSENT AGENDA
A. Authorize the Trading Path Association's Adopt-a- Trail Grant request for funds to
establish walking trails near Lake Ben Johnston (King's Highway Town Park)
B. Authorize a letter be sent to the Triangle Transit Authority in support of Orange
County's request to establish a regular public bus route between Hillsborough and
Chapel Hill
C. Approval of Miscellaneous Budget Amendments
Added Item D. Earth Action Fest Proclamation
7:53:29 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the
Board moved to approve Items A-D of the Consent Agenda as Presented by a vote of 5-0. The
motion was declared passed. A copy of the Miscellaneous Budget Amendments and the Earth
Action Fest Proclamation are hereby incorporated by reference and made a part of these official
Minutes as Attachments.
9. ITEMS FOR DECISION - REGULAR AGENDA
A. Kellie McCaffrey will address the Town Board to discuss the idea of a Hillsborough
Community Pool (Outdoor)
Ms. McCaffrey not present. Item tabled.
B. Discussion ofpreJiminary development options for Owl's Wood project on NC 86
7:54:51 PM Planning Director Margaret Hauth reported that this parcel was annexed in 1998. It
was zoned Limited Office as a result of the NC 86 moratorium while the Town created the
Entranceway Special Use District with the hope that a developer would seek rezoning to
Entranceway Special Use. The current owner is investigating development options. This site
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will likely be impacted by the Elizabeth Brady Road Project. The Water Capacity Analysis for
this property envisioned a combination of office (20,000 sf), retail (20,000) and industrial
(35,000) uses. Since the property is in the city limits, it was treated as a "committed" customer.
Jim Parker and Brian Ketchum with the Summit Consulting Engineers addressed the Board and
outlined some development options for the Board and requested preliminary feedback before
filing a formal request.
The Board had no additional questions at this time.
C. Consideration of request from Allen Knight, Housewright Building Company, for
sidewalk extension
8:20:22 PM Assistant Town Manager/Public Works Director Demetric Potts reported that
Housewright Building Company owner Allen Knight has requested that the Town extend the
existing sidewalk on the west side of North Churton Street along the frontage of Sinclair Station
to the south side of West Corbin Street. Potts reported that this section has been identified on
the dmft Sidewalk Master Plan which shows sidewalk extension for the length of West Corbin
Street & Revere Road. The thoughts expressed during the Sidewalk Forums were that this
section would be a part of the North/South connector for the proposed sidewalk infrastructure.
If Mr. Knight's request is approved, the project would be in the North Carolina Department of
Transportation right-of-way which means that before any construction got underway, the Town
would need to seek and obtain approval from NCDOT. This would require that the Town
submit a Design Plan/Construction document for NCDOT to review and approve.
Allen Knight addressed the Board, and fielded questions regarding his request. Mr. Knight
informed the Board that he is willing to participate in the cost of construction.
By consensus, the Board directed Assistant Manager Potts and Mr. Knight to get together and
develop a plan to be shared with the Board next month.
D. Discuss establishing a cost-sharing policy and payment m lieu policy for the
construction of sidewalks in certain circumstances
8:30:45 PM Planning Director Margaret Hauth reported that with increased attention on
sidewalks, property owners have inquired about two policies that the Town has not yet
developed:
Cost-sharing - When a property owner asks for a sidewalk to be extended along their
property, what portion, if any, of the improvement should they be asked to pay? (The General
Statues allow for a cost sharing policy)
Payment in lieu of construction - When the Board of Adjustment reviews development
plans, owners have begun asking whether there is a fund they could contribute to rather than
actually constructing small sections of sidewalk.
After some discussion, the Board agreed that a cost-sharing policy would be something for the
Town to put in place. The Board expressed their desire for any payment-in-lieu policy mandate
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that the Town Board have the sole approval authority. Town Attorney Hornik reported on some
of the legal issues related to payment-in-lieu policies.
8:40: 12 PM By consensus, the Board directed staff to work with the Attorney to develop a
proposal for the Board to consider.
E. Code Enforcement Update
8:40:42 PM Assistant Town Manager/Public Works Director Demetric Potts reported that there
are currently nineteen cases that have been turned over to the Town Attorney for court filings.
Complaints have been filed in thirteen of these cases.
F. Consideration of a local Transportation Priority List for 2007-2013
8:42:07 PM Planning Director Margaret Hauth reported that the NCDOT has shifted the TIP
process by one year to separate the approval of the TIP from the date at which new
appointments are made to the Board of Transportation so the members have an orientation
period before being called on to make significant funding decisions. This shift requires us to
begin work on the 07 Priority List before the 06 TIP is adopted. The Planning Board endorsed
leaving the priority list the same.
Commissioner Hallman suggested adding Orange County's #1 & #5 & #8 projects to the
Town's Priority List and drop the Town's #4 Western Bypass at the bottom of the priority list.
Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board
moved to approve a Resolution that would add Orange County's #1 & #5 & #8 projects to the
Town's Priority List and drop the Towns #4 Western Bypass at the bottom of the priority list by
a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby
incorporated by reference and made a part of these official Minutes as Attachment.
G. Receive fiscal impact report for the Primm annexation request involving 119 acres on
US 70- A
9:03:13 PM Planning Director Hauth presented a fiscal impact report on the Primm Annexation
request. The Water Capacity Analysis anticipated 250 houses, 210,000 sf of office, and 3,500
sf of retail development for these two tracts. Since the land was not in the Town at the time of
the report, it was not listed as a "committed" customer.
9:08:34 PM Jack Smyre addressed the Board and informed them that he is proposing presenting
this development at the July Public Hearing.
9: 10:39 PM By consensus, the Board directed staff to schedule this item for the July Public
Hearing.
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H. Discuss potential position description and hiring timeline for Code Enforcement Officer
9: 11 :41 PM Planning Director Hauth reported that in response to the Board's request at the
February Workshop, this item is being presented as an update on where we are and how quickly
we could move forward with hiring a Code Enforcement Officer.
Hauth stated that the information can be sent later this month to the consultants to develop a
Position Description. A recruitment ad option that reaches currently employed persons looking
to move is being planned, along with ads within the local and regional press. She plans to bring
a Position Description to the Board for approval at their April Regular Meeting.
I. Discussion of Town Hall site plan options for the construction of a new meeting and
office facility
9:16:12 PM Planning Director Hauth reported that funding exists in the current budget to begin
design work on the new meeting facility. Staffhas contacted all the heirs of the Roulhac family
to seek relaxation or exceptions to the existing restrictive covenants on the property. The heirs
are willing to discuss the topic, but need more information. She presented preliminary draft
information concerning the potential uses for the new facility along with assumptions for sizing
and parking purposes for the Board to consider.
J. Discuss request from Parks and Recreation Board to include pedestrian access on future
utility easement acquisitions
9:28: 10 PM Planning Director Hauth stated that the Parks and Recreation Board has been
discussing the need to connect all areas of Town for non-motorized travel for recreation
purposes, to reduce traffic congestion, and increase access by those without vehicles and
encourage more activity in our daily lives. Many communities make use of sewer easements
for trail building. The Parks and Recreation Board is asking the Town to consider this option.
By consensus, the Board agreed that this would be a good idea for easements that do not
infringe on property owners land without their approval.
K. Discussion regarding speeding on West King Street
9:32:22 PM Assistant Town Manager/Public Works Director Demetric Potts reported that Mr.
Thomas Campanella voiced his concerns about vehicle speeding at a recent Board Meeting and
requested that the Town monitor traffic on West King Street. Mr. Campanella offered the
following traffic calming suggestions to slow traffic: 1) Painted white stripe on either side of
the street to perceptually "narrow" the street, 2) install several speed tables, 3) Painting bike
lanes on the shoulders of both lanes on W. King Street.
Potts informed the Board that the Public Works staff performed a. traffic count/speed study on
West King Street on February 15th and February 22od. The speed range the staff was tracking
was 35 mph. The results showed that during this timeframe 19,844 vehicles used W. King
Street in the study area and of those 19,844 vehicles 32.6% (6,556) traveled at a speed between
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31 and 35 mph, and 33.2% (6,676) traveled at a speed between 36 and 40 mph.
Potts stated that he received correspondence from Mark W. Aldridge, Transportation Engineer
with NCDOT on February 10th stating that a request was made by a resident of King Street to
mark sides of King Street for side parking. In his response, Mr. Aldridge stated that NCDOT
didn't see a need for marked side street parking in that residential area He also stated that if
there were a speeding problem, NCDOT suggests that there be increased enforcement of the
existing speed limit.
By consensus, the Board directed staff to bring back some more specific information such as
where the speed limit changes on that road and where the street narrows for them to consider at
their next meeting.
L. Consider approval of Change Order #8 for the Water Plant Upgrade Engineering
Contract
9:42:00 PM Town EngineerlUtilities Director Kenny Keel presented Change Order #8 for the
Board's consideration. He reported that the construction project at the Water Plant was
scheduled for completion on November 5, 2004, but it is still continuing due to contractor
delays. It is currently anticipated that construction will continue until the end of April 2005.
The engineering services provided in the original contract anticipated the construction ending
on schedule. These inspection and administration services are needed until the project is
finished to ensure a quality product is provided. This contract was extended in February, May,
and September 2004, but needs this additional extension due to further contractor delays.
Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved
to approve Change Order #8 for the Water Plant Upgrade Engineering Contract by a vote of 5-
O. The Motion was declared passed.
M. Consider approval of Proposal for lnflowlInfiltration Analysis
9:44:08 PM Town EngineerlUtilities Director Kenny Keel reported that the Wastewater
Collection Department has had lnflowlInfiltration investigations performed previously in two
areas of our system. This proposal will continue that work.
Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board
moved to approve the Proposal with W K Dickson for InflowlInfiltration Analysis by a vote of
5-0. The motion was declares passed.
N. Discuss preparations for March 31st (7:00 PM) meeting with State Representative Bill
Faison
9:47:42 PM Commissioner Dancy stated she would like to take this opportunity to discuss
with him some of the issues facing the TJCOG and an upcoming bill.
9:50:42 PM Commissioner Hallman suggested discussing some econOmIC development
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Mirwles Approved: April 11, 2005
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9:50:55 PM Commissioner Lowen suggested discussing funding for sidewalks.
9:51 :36 PM Commissioner Hallman also suggested funding sources for parks and recreation
and green spaces.
Commissioner Lowen asked staff to find out the status of the stop light at the intersection of
86 and 70.
9:58:09 PM Commissioner Hallman asked Board to consider the dates of April 4th or 12th for
possible economic development meeting. By consensus, the Board agreed on the 12th at 7:00.
10. CLOSED SESSION
9:59:20 PM Upon a motion by Commissioner Lowen, seconded by Commission Dancy, the
Board moved to go into Closed Session as authorized by North Carolina General Statute
Section 143-318.11(3) to meet with Town Attorney regarding Code Enforcement Litigation and
the Colonial Inn Litigation Proceedings Status Report
Upon returning to Open Session, and upon a motion by Commissioner Dancy, seconded by
Commissioner Lloyd, the Board authorized the Town Attorney to proceed with the presentation
of options discussed to Attorney Gordon Brown.
Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board
directed staff to handle the clean up on the Lou Hayes Property by a vote of 5-0. The motion
was declared passed.
11. ADJOURN
Upon a motion by Gering, seconded by Commissioner Lloyd, the Board moved to adjourn the
meeting at 10: 1 0 PM by a vote of 5-0. The motion was declared passed.
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Respectfully submitted,
Donna F. Annbrister, CMC
Town Clerk
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Earth Action Fest
PROCLAMATION
WHEREAS, Earth Day is Sunday, April 24, 2005; and
WHEREAS, SURGE (Students United for a Responsible Global Environment) is
sponsoring Earth Action Fest as a celebration of the Earth to raise awareness of
environmental issues and solutions; and
WHEREAS, the purpose of the Earth Action Fest! is to celebrate the earth to
raise awareness of environmental issues and solutions. In particular,
encouraging the use of less energy overall and using cleaner, greener energy for
the benefit of all of us here now and future generations to come;
NOW, THEREFORE, I, Joe Phelps., Mayor of the Town of Hillsborough, do
hereby proclaim April 24th as:
"EARTH DAY"
and in support of Earth Action Fest am asking individuals, families, community
organizations, and businesses to help them realize and expand on their goal and
spread the word about the event.
Joe Ph ps, Mayor
Town of Hillsborough
Town
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BUDGET AMENDMENTS
March. 2005
WATER FUND
BEFORE
ADJ.
AFTER
1. Expenditure
30-8200-730 Capital Improvement
30-8200-160 Equipment Repair
$ 134,300
$ 34,000
$ 168300
$ 6,250
$ (6,250)
$
$ 140,550
$ 27.750
$ 168.300
To fund a replacement pump for Cornwallis Hills Pump Station
.
2. Expenditure
30-8220-740 Equipment
30-9990-000 Contingency
$ 53,665
$ 86.400
$140065
$
$
$
5,615
(5,615)
$ 59,280
$ 80,785
$ 140.065
To fund a M2-02 Mixer for the WWTP
3. Expenditure
30-8220-731 Capital Improvement
30-8220-740 Equipment
$ 65,000
$ 59.280
$124280
$ 20,000
$ (20,000)
$
$ 85,000
$ 39.280
$ 124280
To fund additional Grit Equipment (blower assembly and grit washing unit) to complete the entire replacement of the
original Grit Handling System at the WWTP
4. Expenditure
30-7240-452 Water/Sewer Rate Study
30-9990-000 Contingency
$
$ 80.785
$ 80 785
$ 33,000
$ (33,000)
$
$ 33,000
$ 47,785
$ 80.785
To fund Water/Sewer Rate Study and Rate Model by Rattelis Financial Consultants
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137 North Churton Street · PO. Box 429 · Hillsborough, North Carolina 27278
919-732-2104 · Fax 919-732-1028
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10. Expenditure
10-5600-455 Cont. Serv./Eng. Serv.-St. Improv.
10-9990-000 Contingency
$
$ 97.300
$ 97.300
To fund engineering services for street improvement (corner of Churton and Tryon)
11. Expenditure
10-5700-450 Pavement Condition Survey
10-9990-000 Contingency
To fund Pavement Condition Survey with US Infrastructure
$
$ 89.300
$ 89.300
. APPROVED: tJ3-/~-tJ5 if .j':tJ Vo~
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. VERIFIED:
70
$
$
$
$
$
$
8,000
(8.000)
8,000
89.300
97.300
$ 6,700
$ (6.700)
$
$ 6,700
$ 82.600
$ 89 3QO
Town
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Cl994bM10fHill"l-'tillsborough TIP Priority List
2007-2013
1. Elizabeth Brady Road extension (project U-3808): Construct proposed 4-lane boulevard that connect US 70
Business, US 70 Bypass, and St. Mary's Road (SR 1002), Special Design consideration should be used in
crossing the Eno River and the overall impact of the road on neighboring properties.
2. Improvements along South Churton Street (project R-2825): Develop congestion management, limited
access, aesthetic and capacity improvements between US 70 Business and Interstate 40. The portion between
Interstates 40 and 85 will conform to the design criteria in the Economic Development District Design Manual
(4-lane divided section with bike and pedestrian improvements), The feasibility study completed in February
2002 recommended a 4-lane divided with 16-foot median, curb and gutter cross section for the entire corridor
from 1-40 to the Eno River bridge,
3. US 70 Bypass widening: Widen US 70 Bypass to a four-lane divided section with bike and pedestrian
improvements, This project should be phased to address the traffic counts and existing congestion.
.
4. SR 1006, Orange Grove Road, at Interstate 40: Construct a pedestrian bridge over 1-40. Two schools are
within walking and cyqling distance from residential areas north of 1-40. Bicyclists and pedestrian must share
the roadway with motor vehicles crossing the narrow two-lane bridge that carries Orange Grove Road over
Interstate 40.
5. NC 86, Bicycle Lanes: Construct bicycle lanes (4-foot paved shoulders) from Chapel Hill (Whitfield Road) to
Hillsborough (US 70 Business). This route is listed as priority I of the primary bicycle routes proposed in the
Orange County Bicycle Transportation Plan adopted April 6, 1999,
6. U-3436, SR 1148 (Eno Mountain Road) and SR 1192 (Mayo Street) at SR 1006 (Orange Grove Road):
Realign intersection and make safety improvements. Both the EDD Transportation Work Group
Recommendations and the Access Management and Awareness Project and Report for Orange Grove Road
recommend this project for improved traffic flow and safety,
7, Western Bypass (project R-3438) Construct proposed 2-lane facility connecting US 70 with NC 86 North
using a portion of Coleman Loop Road (SR 1332) right of way.
Upon motion to adopt by Commissioner Gering, seconded by Commissioner Hallman the above list was
set to a vote at the March 14, 200~,Hms9Arough Town Board of Commissioners meeting and received the
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Ayes: 5 ~" ~ u<9Q ";'-:.
Noes: 0 f t t>~
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101 East Orahge,Stte'liJJ.'P;U",'lJ'ox 429 . Hillsborough, North Carolina 27278
<ffiI9i'9_'732_1270 · Fax 919-644-2390
Donna F. Armbrister, CMC
Town Clerk