HomeMy Public PortalAbout04-11-2005 Regular Session
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Minutes
Apn111, 2005 Regular Board Meeting
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MJnu1es Approved: May 9, 2005
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MINUTES
HILLSBOROUGH TOWN BOARD
April 11, 2005
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on April 11, 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, and
Town Attorney Bob Hornik.
Mayor Joe Phelps called the meeting to order at 7:31 PM.
1. PUBLIC CHARGE
Mayor Phelps did not read the Public Charge, but indicated that it would be followed.
2. INTERVIEWS
A. Interview volunteer candidates to fill two Vacancies on the Planning Board, and a
Vacancy on the Parks & Recreation Board.
7:32:38 PM The Board interviewed volunteer candidate Eric Oliver.
7:34:51 PM Commissioner Hallman arrived at the meeting.
7:35:00 PM The Board interviewed volunteer candidate Richard Silverman.
7:35:53 PM The Board interviewed volunteer candidate Neil Jones.
3. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
There were no audience comments.
4. AGENDA CHANGES & AGENDA APPROVAL
Commissioner Gering added two Tourism Board Appointments as 5.D.
7:37:39 PM Mayor Phelps removed Item 10.G from the Agenda.
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7:37:57 PM Commissioner Hallman added discussion of the upcoming EDC Meeting to the end of
the Agenda.
7:38:] 9 PM Commissioner Lowen added a discussion of 250th Parade as Item 5.E.
5. APPOINTMENTS
A. Appoint one In-Town member to a full term on the Planning Board with a term ending
April 30, 2008
7:39:36 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the
Board moved to appoint Eric Oliver to a full term on the Planning Board with a term ending
April 30, 2008 by a vote of 4-0. The motion was declared passed.
B. Appoint Kathy Remington to a full term on the Parks and Recreation Board with a term
ending April 30, 2008
7:40:04 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the
Board moved to appoint Kathy Remington to a full term on the Parks and Recreation Board
with a term ending April 30, 2008 by a vote of 4-0. The motion was declared passed.
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C. Consideration of a Resolution asking the Orange County Board of Commissioners to
appoint a volunteer to a full term on the Planning Board with a term ending April 30,
2008
7:40:34 PM Commissioner Lowen stated he would like to see more diversity on the Planning
Board and therefore made a motion to appoint Neil Jones to a full term on the Planning Board
with a term ending April 30, 2008.
Commissioner Hallman stated that Richard Silverman's credentials are impressive.
Mayor Phelps stated that he would like to see more people serving on Boards and Commissions
rather than less people serving on more than one Board or Commission.
Commissioner Lloyd arrived at the meeting.
7:47:16 PM Commissioner Lowen's motion was seconded by Commissioner Dancy, and the
Board moved to appoint Neil Jones to a full term on the Planning Board with a term ending
April 30, 2008 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.
7:48:44 PM ADDED ITEM 5.D: Appointments to the Tourism Board
. 7:48:52 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the
Board moved to appoint Mark O'Neal as the Chamber's Representative and Linda Schmitt as
the Alliance for Historic Hillsborough's Representative on the Tourism Board by a vote of 5-0.
The motion was declared passed.
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April 11, 2005 Regular Board MeeIlng
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Minutes Approved: May 9, 2005
6. APPROVAL OF THE MINUTES OF THE MARCH 14, 2005 TOWN BOARD
MEETING, THE MARCH 14, 2005 CLOSED SESSION, THE MARCH 28, 2005
MONTHLY WORKSHOP, AND THE MARCH 31, 2005 SPECIAL MEETING
7:50:25 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the
Board moved to approve the Minutes of the March 14,2005 Town Board Meeting; the March
14, 2005 Closed Session; the March 28, 2005 Monthly Workshop; and the March 31, 2005
Special Meeting as presented by a vote of 5-0. The motion was declared passed.
7. COMMITTEE REPORTS
7:50:46 PM There were no Committee Reports.
8. PROCLAMATIONS
A. Consideration of a Proclamation declaring April 2005 as Sexual Assault Awareness
Month
7:51 :31 PM By consensus, the Proclamation was approved as presented. A copy of the
Proclamation is hereby incorporated by reference and made a part of these official Minutes as
an Attachment.
8. REPORT FROM THE TOWN MANAGER
7:53:16 PM Town Manager Eric Peterson reported that this will be Police Chief Nathaniel
Eubanks' last Board Meeting. His Retirement Reception is scheduled for May 12,2005.
9. REPORT FROM THE TOWN ENGINEER
7:54:30 PM Town EngineerlUtilities Director Kenny Keel presented an update on all current
watedsewerprojec~.
10. ITEMS FOR DECISION - REGULAR AGENDA
A. Consideration of Special Use Permit for Goodwill Community Foundation to build a
retail store at 520 Hampton Pointe Boulevard
8:00:28 PM Planning Director Margaret Hauth presented the Special Use Permit for the Board's
consideration. She reported that the revised plans have been further modified since January to
lessen the visibility of the loading dock area further. The original plans had a number of
aspects that did not meet specific Ordinance requirements including excessive parking and the
extra spaces were located within the 100' interstate buffer and the loading and service area was
in a visible location. During their review, the Planning Board also noted that the site did not
provide the cross access discussed during the Master Plan review for the site and noted some of
the landscaping choices would not meet the intended purpose. The revised plans meet the
Planning Board's conditions and shift the building's orientation on the site so as to further
screen the service area.
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April 11 , 2005 Regular Board Meeting
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Minutes Approved: May 9, 2005
8:02:14 PM Brantley Tillman, Goodwill Community Foundation Trustee Board Member,
addressed the Board and informed them that the organization was originally formed by the
Methodist Church. The organization also has training programs to offer the community and
their goal is to find jobs for citizens. He reviewed several programs that Goodwill funds.
8: I 0:50 PM Jim Sherrer, Architect and David Blevins, Civil Engineer, reviewed the revised plans
with the Board explaining that they have shifted the building to the left to additionally hide the
loading docks.
8: \3:06 PM Commissioner Hallman presented photos of the Goodwill site in north Raleigh to
show the truck entrance and loading area.
8:14:34 PM Commissioner Gering stated that still has a safety concern with the truck entrance
and loading area
Mayor Phelps agreed.
8:\6:15 PM Commissioner Lowen stated that this is a very difficult decision for him. He also
shares the other Board members' safety concerns.
8: 17:26 PM Town Attorney Bob Hornik reviewed with the Board the criteria they need to use to
deny the Special Use Permit or approve it with specified conditions.
8:28:50 PM Commissioner Hallman stated that he would feel more comfortable if the donation
entrance was moved down a couple of parking spaces toward the main entrance.
8:3\ :59 PM Jim Sherrer stated that the donation door could be moved three parking spaces
toward the entrance.
8:35:59 PMUpon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the
Board moved to adopt a Resolution granting a Special Use Permit subject to special conditions
affecting 2.1 acres at 520 Hampton Pointe Boulevard [that the donation door be moved three
parking spaces toward the entrance of the building]. Mayor Phelps called for discussion on the
motion.
8:38:14 PM Mayor Phelps expressed his concerns and asked the Town Attorney if a condition
could be made to require a person be outside to direct the trucks and stop pedestrian traffic.
8:39:11 PM The Developers stated that the crosswalk could be moved if the Board desires.
8:39:39 PM Commissioner Dancy made moving the crosswalk an addendum to the motion.
Commissioner Lowen seconded the addendum.
8:44: II PM After further discussion, Commissioner Lowen withdrew his second to the motion.
8:44:29 PM Commissioner Dancy withdrew her motion.
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8:44:40 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the
Board moved to defer this Item until the May regular Board meeting by a vote of 5-0. The
motion was declared passed.
B. Consideration of an Ordinance rezoning 3.34 acres from General Commercial to R-lO
on Orange Grove Road (part ofTMBL 4.38.B.19)
8:45:00 PM Planning Director Margaret Hauth presented the re-zoning request for the Board's
consideration. She explained that Mr. Wachholz purchased this property to develop the south
side as a green building center and the north side to continue his efforts to save and restore
houses. The Public Hearing for this request was held in January. Due to schedule conflicts,
Mr. Wachholz has been unable to attend a Town Board meeting since then to discuss the
request.
8:45:27 PM Brian Ketchum, Summit Consulting Engineers, addressed the Board and asked them
to table this item for a period of time. He stated that Mr. Wachholz is now working with them
on his viable options for the property and has also had an offer on the property with the current
zomng.
8:48:56 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the
Board moved to Table this Item until the July regular Board Meeting by a vote of 5-0. The
motion was declared passed.
C. Discuss Request from Tupelo's Restaurant to Expand their Sidewalk Dining to Include
the South Side of Their Building Along West King Street (This would entail
removing/relocating some of the Newspaper Boxes in this location)
8:49:16 PM Town Manager Peterson presented the request for the Board's consideration and
reported that Tupelo's Restaurant was issued a Sidewalk Table Service Permit in 2003 and 2004
to allow dining in front of their establishment along Churton Street. They have followed the
applicable regulations in the Town Code and have done a good job in complying with the
Ordinance. They are requesting to expand their Sidewalk Table Service to the south side of
their building along West King Street. The request complies with all the requirements
necessary for the Town Manager to grant a permit. The one obstacle currently preventing
Tupelo's from expanding their seating is that there are currently 13 newspaper bins located on
the sidewalk in the same area the outdoor tables and seating would be located. The Manager
asked for guidance from the Board.
8:50:50 PM Attorney Hornik stated that it is NCDOT's right-of-way. At this time, we do not
know if there is a permit or license giving the newspapers the right to place the bins.
8:59:20 PM Commissioner Hallman suggested that the issue of the newspaper bins be turned
over to the Planning Board for their recommendation. Commissioner Gering agreed.
9:01 :43 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the
Board authorized the Town Manager to approve the requested Sidewalk Dining Permit from
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Tupelo's Restaurant as presented by a vote of 5-0. The motion was declared passed.
9:02:57 PM By consensus, the Board directed staff to take the Newspaper Bin issue to the
Planning Board for them to investigate an Ordinance to regulate them.
D. Receive letter of interest in Annexation from NNP Churton Grove LLC regarding Phase
3 ofChurton Grove & 76.187 acres, 117 lots)
9:03:57 PM Hauth presented the letter stating that this is the fIrst step in the Town's adopted
Annexation Policy. The parcel is currently not contiguous with the city limits. Hillsborough
currently covers 3320 contiguous acres and has 218 acres available for satellite annexation.
Hillsborough currently has 113.4 acres in satellites. State law requires that if a satellite
annexation is part of a subdivision, the entire subdivision must be annexed. Advice from the
School of Government indicates that individual phases of large developments can be viewed as
"the entire subdivision." The next step in the adopted process is a fiscal impact analysis,
followed by a request for a petition if the Town remains interested in annexation.
9: 14:46 PM Manager Peterson suggested writing to the developers to notify them that the Board
is willing to consider annexation but that the developers need to write a letter to all involved
property owners and negotiate their willingness to be annexed.
. By consensus, the Board agreed and authorized the Manager to proceed.
E. Reeei'le letter of interest in f~'lBexatiofl. trom CarilloR f..ssisted Living regW'diRg 5 aeres
OR Oamge Grove Road
9: 16:29 PM This Item was tabled until next month.
F. Consider Acceptance of Orange Grove Road Gravity Sewer Project and Start of
Warranty (will serve Carillon Assisted Living project)
9: 16:36 PM Town Engineer/Utilities Director Kenny Keel reported that the off-site sewer
utilities to serve the Carillon Assisted Living Project have been properly installed. The
infrastructure is now ready for acceptance by the Town. The sewer line was installed by the
previous owner of the Carillon site as a condition of the sale of the site. This acceptance is
separate from any approval of the Carillon Assisted Living facility, which is not complete at
this time. Engineer Keel recommended acceptance of the gravity sew~r project. He reported
that upon acceptance, the Town will own the sewer facilities and be responsible for their
operation, maintenance, and repair. The warranty will protect the Town from the costs of
repairs for the initial year.
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9:] 9: I 0 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the
Board moved to Accept the Orange Grove Road Gravity Sewer Project and Start the One Year
Warranty Period by a vote of 5-0. The motion was declared passed.
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Minutes
April 11, 2005 Regular Board Meeting
Page 7 of 11
Mimms Approved: May 9, 2005
G. Receive request from the Historic District Commission to establish a Joint Countyrrown
Task Force on Historic Resources in Hillsborough
9: 19:22 PM Planning Director Hauth reported that the Historic District Commission did not get
to fully review this project and therefore it was pulled from this agenda.
H. Consideration of request to improve N & K Street to provide access to the proposed
Gateway Center
9:20:16 PM Hauth presented the request for the Board's consideration and explained that the
Town Code requires that the Town Board authorize any improvements to the paper street
known as N & K Street. This street is proposed to provide parking lot access to the proposed
Gateway Center Project. This project is scheduled for Board of Adjustment review on April
13th. The project is generally consistent with other Zoning Ordinance requirements. The Town
Board has the approval authority on improvements to N & K Street. The Tree Board has
approval authority over the proposed impact to public trees and will be reviewing the
information at their meeting this month. The Historic District Commission approved the
general design, but will be reviewing final building details.
9:21 :52 PM George Horton addressed the Board and reviewed the refined plans. Brian Ketchum,
Summit Engineering, fielded questions from the Board.
9:31 :31 PM Steve Yuhasz, stated that the alleyway was created by the same document that
created N&K Street and is recorded in the Register of Deeds Office. He expressed his concerns
as a user of the alleyway to get to his building. He asked the Board to ,consider having a re-
alignment of Exchange Club Lane to have it "Tee" into the proposed Gateway Lane.
9:37:37 PM John Prysock, property owner of the building beside Steve Yuhasz, suggested that if
the alleyway is abandoned, that there be a legal right-of-way for the property owners to use for
access.
9:40: 10 PM Ruffin Slater, Manager of the Weaver Street Market, stated that he is intending to
develop the property to the northwest of the parking lot and they need to have the ability for
trucks to be able to move from Margaret Lane through their property and through part of the
parking lot behind the Gateway Building and exit out onto N & K Street.
9:41:38 PM Jim Parker, Summit Engineering, discussed the traffic study which had been done
for this project. He stated that there would be alley way access, but the alley way may be
moved slightly. He reported that last Fall this plan was reviewed by NCDOT and they
determined at that time that this proposed street configuration is the safest for this project. The
proposed configuration does not meet the criteria for a traffic light on Churton Street at
Exchange Park Lane.
9:49:35 PM Mayor Phelps called for a short Recess.
9:57:52 PM The Mayor reconvened Meeting.
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Minutes Appl'lMld: May 9, 2005
Jim Parker wrapped up his discussion of the Traffic Study and fielded questions from the
Board.
10:07: 17 PM By consensus, the Board directed staff to provide additional information to them on
the Traffic Study.
By consensus, the Board tabled any decision on this Item until a later meeting.
I. Discussion of the next steps in the Strategic Plan Process
10: I 0:58 PM Planning Director Margaret Hauth requested to have this discussion placed on the
April Workshop agenda
By consensus, the Board agreed.
J. Report to Board on options for Liquidated Damages for WTP project
10:12:54 PM Town EngineerlUtilities Director Kenny Keel reported that the Water Plant Upgrade
project is approximately 520 days beyond the scheduled completion date of November 5, 2003
due to various contractor delays. The construction contract allows for liquidated damages of
$1,000 per day beyond the scheduled completion date. From previous conversations with the
Town Attorney, courts tend to allow fmes for tardiness of construction contracts that are
reflective of the actual costs that the owner has incurred due to the delay in completion. The
Town has definite proof of some significant costs due to the delays; not equivalent to the
current level of liquidated damages, but a substantial amount ($106K in administrative and
inspection costs, several thousand in repairs to old equipment). There are some complications
from the delays that are difficult to put an exact dollar figure on such as our non-compliance
with TTHM levels for two consecutive quarters. All of the justifications for the fines have not
yet been compiled, but will be upon completion of the project, which should occur in April or
May. If the current level of liquidated damages were assessed, the amount would be
approximately $520,000. A portion of those funds that have not been directly used could be
used for other needs at the Water Plant (Le. HV AC system, new flocculators, security measures,
etc.). Some or all of these fines could also reduce the total loan amount for the project, which
would reduce our bi-annual payments by a marginal amount. The Town is currently
withholding $751,437 in payments from the contractor.
K. Receive letter from the John Kavanagh Company regarding a potential development on
Orange Grove Road and requesting time on the April Workshop agenda
10:15:49 PM Planning Director Hauth reported that Mr. Kavanagh's company has a contract on
Mr. Lloyd's property at the corner ofEno Mountain and Orange Grove Roads. He is interested
in using the Mixed Residential Special Use District. Before preparing a full development
application, Mr. Kavanagh would like to discuss the project with the Board members.
By consensus, the Board directed the Planning Director to let Mr. Kavanagh know that he is on
a waiting list to be on the April Workshop and that she will let them know after Wednesday's
Board of Adjustment meeting. If he is not heard in April, this will be on the May Agenda
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April 11. 2005 Regular Board Meeling
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MJnutes Approved: May 9, 2005
L. Consideration of Position Description and Classification of new Code Enforcement
Officer
10:19:40 PMHauth presented the proposed Position Description and Classification for the
Board's consideration.
10:22:35 PMUpon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the
Board moved to adopt the Code Enforcement Officer Position Description and Classification as
presented and authorized staff to proceed with advertising for the position by a vote of 5-0. The
motion was declared passed. A copy of the Job Classification and Position Description are
hereby incorporated by reference and made a part of these official Minutes as an Attachment.
M. Consideration of Agreement between TJCOG an Local Governments and Other Funding
Partners Establishing the Clean Water Education Partnership Program
10:23:14 PMAssistant Town Manager/Public Works Director Demetric Potts reported that the
Town has agreed to participate in the Clean Water Education Partnership for FY 2006. The
Clean Water Education Partnership helps its partners educate citizens on water quality
principles through a variety of media campaigns and other activities. They purchase airtime on
television and radio stations, develop brochures, and create web pages that educate the public
on Stormwater pollution.
10:24:51 PMUpon a motion by Commissioner Hallman, seconded by Commissioner Gering,
the Board moved to approve the Support Services Agreement Between Triangle J Council of
Governments and Local Governments and Other Funding Partners Establishing the Clean Water
Education Partnership Program and authorized the Town Manager to execute the Agreement as
presented by a vote of 5-0. The motion was declared passed. A copy of the Agreement is
hereby incorporated by reference and made a part of these official Minutes as an Attachment.
N. Consideration of options to address speeding on West King Street
10:25:04 PM Assistant Town Manager/Public Works Director Demetric Potts stated that
Thomas J. Campanella reported that he had concerns about vehicles speeding on West King
Street and he requested that the Town monitor/investigate and determine what types of traffic
calming devices could be used in slowing vehicles down. Currently there exist centerlines on
W. Kin Street. The lines are highly visible and were painted when W. King Street was
resurfaced approximately one year ago. From Wake Street to Hassell Street the speed limit is
20 mph, from Hassell Street to Occoneechee Street the speed limit is 35 mph. The pavement
width from Wake Street to Hassell Street is approximately 32 feet, from Hassell Street to
Occoneechee Street it's approximately 28 feet. In the area of W. King Street where on-street
parking is allowed, the pavement width from curb to curb is approximately 35 feet.
10:25:59 PM Commissioner Gering suggested attempting strict enforcement first, and then take
more firm action if needed. By consensus, Board agreed.
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O. Consideration of Commercial Waste Collection Franchise Agreement
10:29:30 PMAssistant Town Manager/Public Works Director Potts informed the Board that on
March 22nd staff met with the Chamber of Commerce Government Affairs Committee to
discuss getting input from the business community on whether the Town should extend the
current agreement or put the commercial waste collection service out for bid. The members of
the Chamber Committee said that they would poll their membership to see how they felt and
would share those comments with the Town. Staff received five responses, all stating that the
Town should put the service out for bid to ensure that the service is still being provided at the
lowest cost. None of the five respondents made any comments on being dissatisfied with the
services provided by Waste Industries.
10:30:54 PMMike Ingles, Waste Industries Branch Manager, addressed the Board and
requested they consider extending their contract for another 12 months. He stated that if the
agreement is extended, he will lock in the current prices for that 12 month period. If it goes out
for bid, they would provide a bid, but the prices will likely increase.
10:38:50 PM Mike Ingles agreed to bring a revised contract including the locked in pricing to the
April Workshop for the Board's consideration
P. Consideration of participation in a Solid Waste Advisory Board Work Group
10:46:39 PM Assistant Town Manager/Public Works Director Demetric Potts reported that the
next SWAB meeting is May 12th at 7:00 PM with a location to be determined.
Commissioner Lowen volunteered to be the Town's representative, but requested that an
alternate be determined.
Q. Discuss "Hot Topics" for the April Workshop
By consensus, the Board agreed that the following would be the "Hot Topics" for the April
Workshop:
Gateway Development
Strategic Plan
Waste Industries Contract
Interlocal Agreement with Orange County
10:51:42 PMADDED ITEM: EDC SUMMIT MEETING
10:51 :57 PM Commissioner Hallman informed the Board that the meeting should only be about
an hour and a half and that he would get an Agenda to the Clerk tomorrow for distribution at the
meeting.
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Minutes Approved: May 9, 2005
11. CLOSED SESSION
A. Closed Session as authorized by North Carolina General Statute Section 143- 318.11 (3)
to meet with Town Attorney regarding pending Litigation Proceedings and Status
Report
B. Closed Session as authorized by North Carolina General Statute Section 143-318.11(6)
to discuss a Personnel Matter (police Chief Search Update)
12. ADJOURN
Upon returning to Open Session, and upon a motion by Commissioner Lowen, seconded by
Commissioner Lloyd, the Board moved to adjourn the meeting 11 :45 PM by a vote of 5-0. The
motion was declared passed.
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Donna F. Armbrister, CMC
Town Clerk
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RESOLUTION REQUESTING AN APPOINTMENT
TO AN EXTRATERRITORIAL JURISDICTION SEAT
ON THE lllLLSBOROUGH PLANNING BOARD
WHEREAS, as a result of the end of a tern, it is necessary to appoint a person to a seat reserved
on the Hillsborough Planning Board for persons residing within the town's extraterritorial
planning jurisdiction; and
WHEREAS, by state statute and town ordinance, the Orange County Board of Commissioners
initially has the authority and responsibility to appoint ETJ members to the town's Planning
Board. '
NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE TOWN OF
IDLLSBOROUGH RESOL YES:
Section I. The Orange County Board of Commissioners is respectfully requested to
appoint the following individual to a full term of an ETJ seat on the Hillsborough Planning
Board, whose term would expire in April 30, 2008:
Arthur Jones
406 .Rock Garden Ln
Hillsborougb, NC 27278
Section 2. If the Orange County Board of Commissioners fails to appoint persons
willing to serve in the capacity described above within 90 days after receiving this resolution,
then the Hillsborough Town Board may make this appointment.
Section 3.
Manager.
The Town Clerk shall send a copy of this resolution to the Orange County
Section 4.
This resolution shall become effective upon adoption.
The foregoing resolution having been submitted to a vote received the following vote and was
duly adopted this 11 tb day of April 2005 . ,
Ayes: S'
Notes: P--
Absentorexcused:.tr
I, Donna F. Armbrister, Town Clerk of the Town ofHillsborougb, do hereby certify that the
foregoing is a true and correct copy of a resolution adopted by the Hillsborough Town Board of
Cotnmi~ioners on Aprilll1h, 2005.
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Donna F. Armbrister
Town Clerk
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Sexual Assault Awareness Month Proclamation
April 2005
WHEREAS, the Orange County Rape Crisis Center assisted 425 survivors of sexual violence
and their family members, friends and loved ones during the 2003 - 2004 fiscal year; and
WHEREAS, the Orange County Rape Crisis Center works with the county's two school
systems to provide all students with age-appropriate information about sexual assault
prevention, reaching 8102 children and youth during the 2003 - 2004 school year; and
WHEREAS, the coordination of the Orange County Sexual Assault Response Team (SART)
is bringing together members of low enforcement, the medical community, the legal
system and other community advocates to improve services for survivors of sexual assault
who come forward; and
WHEREAS, 1 in 5 North Carolina women have been sexually assaulted at some point in
their lives (NC Department of Health and Human Services 1999); and
WHEREAS, in the United States rape is the most costly crime to its survivors totaling $127
billion a year considering factors such as medical cost, lost earnings, pain, suffering and
lost quality of life (U.S. Department of Justice, 1996); and
WHEREAS, in the United States 1 in 6 women and 1 in 33 men have experienced a
completed or attempted rape at some time in their life (US Department of Justice 1998);
and
WHEREAS, there are 5,915 sex offenders and sexual predators registered as living in North
Carolina (State Bureau of Investigation, 2002); and
WHEREAS, the blaming of the victim continues to be an enormous problem in instances
of rape and sexual assault: and
WHEREAS. the Orange County Rape Crisis Center, a non-profit, volunteer agency which
has been serving this community since 1974, is working with others in the community to
stop sexual violence and its impact through support, education and advocacy;
I do hereby proclaim the month of April 2005 as "SEXUAL ASSAULT AWARENESS MONTH."
I encourage all citizens to speak out against sexual violence and to support their local
communities' efforts to prevent and respond to these appauling crimes.
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ARCHER
COMPANY
Charlotte, NC I Rock Hill, SC
454 South Anderson Road, UTC S56
Rock Hill, South Carolina 29730
Phone (803) 366-2400 Fax (803) 366-1082
Ms. Donna Armbrister, CMC
Town ClerkJPersonnel Officer
Town of Hillsborough
P.O. Box 429
Hillsborough, North Carolina 27278
Dear Ms. Armbrister:
April 1, 2005
We have evaluated the new position of Code Enforcement Officer for the Planning
Department. The job code, title, recommended pay grade and FLSA status are shown below. We
have prepared ajob description and are attaching it to this letter. We will send a hard copy for your
file.
Job
Code
Job
Title
New
Recommended
Grade
Recommended
FLSA
Code Enforcement Officer
Non-Exempt
12
Please let us know if we can be of further assistance.
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cher, Ph.D., P.E., SPHR
President
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TOWN OF HILLSBOROUGH, NORTH CAROLINA
JOB DESCRIPTION
JOB TITLE: CODE ENFORCEMENT OFFICER
PLANNING DEPARTMENT
GENERAL STATEMENT OF JOB
Under general supervision, performs work for the enforcement of the nuisance provisions of the
Town Codes, the provisions of the Zoning Ordinances, and the provisions of the Minimum
Housing Code. Work involves accepting complaints, determining whether they have merit, and
determining and monitoring the course of coming into compliance in a fair, equitable, and legal
manner, Reports to the Planning Director.
SPECIFIC DUTIES AND RESPONSIBILITIES
ESSENTIAL FUNCTIONS
Answers citizens' questions; accepts complaint reports on Zoning Ordinance, Minimum Housing
Code, and Town Code nuisance provisions.
Conducts site inspections to verify whether the site (including occupied and abandoned buildings)
complies with town ordinances on a routine and complaint basis.
.
Conducts routine site inspections at construction sites to verify compliance with approved plans,
including work in the Historic District.
Assists with plans review for commercial site development.
Communicates with property owners about necessary corrective actions, in cases of violations, to
work toward compliance.
Documents complaints, inspections, and corrective orders to create needed paper trail for
eventual legal action.
Issues Zoning Permits for residential development; changes of use signs and home occupations.
Provides staff coverage in the Planning Department and at Board meetings in emergency
situations.
Tracks monthly activities; maintains performance measure indicators.
Assists with site inspections in complaints of Demolition by Neglect in the Historic District.
Assists applicants in preparing comprehensive rehabilitation applications for HOME program
funds, including income verification and work needed.
Receives and/or reviews various records and reports including citizen complaints.
'.
Prepares and/or processes various records and reports including inspections reports, violation
correspondence, etc.
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91'
CODES ENFORCEMENT OFFICER
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Refers to Zoning Ordinance, Town Code, Town Minimum Housing Code, policy and procedure
manuals, publications and reference texts, etc.
Operates a vehicle and a variety of office equipment, including a computer, telephone, cell phone,
measuring wheel, measuring scales, calculator, copier, fax machine, etc.
Uses measuring scale (engineer scale), light meter, noise meter, general office supplies, and
computer software such as Microsoft Word, Microsoft Publisher, Microsoft Excel, Access,
Microsoft Outlook, ArcView, etc.
Interacts and communicates with various groups and individuals such as the Planning Director,
property owners, tenants, builders, other staff, Fire Marshal, and the general public.
ADDITIONAL JOB FUNCTIONS
Performs other related duties as required.
MINIMUM TRAINING AND EXPERIENCE
.
Requires a high school diploma and one year of experience preferable in the background of code
enforcement, housing inspections, or similar; or any equivalent combination of education, training,
and experience, which provides the requisite knowledge, skills, and abilities for this job, Must
possess and maintain a valid North Carolina driver's license.
MINIMUM QUALIFICATIONS OR STANDARDS REQUIRED
TO PERFORM ESSENTIAL JOB FUNCTIONS
Physical Requirements: Must be physically able to operate a variety of machinery and equipment
including a typewriter, computer, copier, car, facsimile machine, adding machine, etc. and tools
required of Codes Enforcement Officers. Must be able to ex'ert a negligible amount of force
constantly to move objects. Must be able to stoop, climb, crawl, bend and stand for periodS of time.
Must be able to lift weights of up to 40 pounds. Physical demand requirements are in excess of
those for sedentary work.
Data Conception: Requires the ability to compare and/or judge the readily observable, functional,
structural, or compositional characteristics (whether similar to or divergent from obvious standards)
of data, people or things.
Interpersonal Communication: Requires the ability of speaking and/or signaling people to convey
or exchange information. Includes giving instructions, assignments or directions to subordinates
and assistants.
Lanauaae Ability: Requires the ability to read various correspondence, technical studies, plats,
site plans, architectural drawings, various related records and documents, etc. Requires the ability
to prepare applications, permits, site plans, technical studies, variety of economic development
reports and records, etc., using prescribed format and conforming to all rules of punctuation,
grammar, diction and style. Must be familiar with engineering and legal terminology.
.
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CODES ENFORCEMENT OFFICER
Intelliaence: Requires the ability to apply principles of logical or scientific thinking to a wide range
of intellectual and practical problems; to deal with nonverbal symbolism in its most difficult phases;
to deal with a variety of abstract and concrete variables; to comprehend abstruse classes of
concepts.
Verbal Aptitude: Requires the ability to record and deliver information, to explain procedures, to
follow oral and written instructions. Must be able to communicate effectively in a variety of technical
and professional languages, including engineering, legal, codes, and zoning terminology.
Numerical Aptitude: Requires the ability to utilize mathematical formulas; to add and subtract
totals; to multiply and divide; to determine percentages and decimals; to utilize statistics, algebra
and geometry.
FonnlSpatial Aptitude: Requires the ability to inspect items for proper length, width and shape.
Motor Coordination: Requires the ability to coordinate hands and eyes rapidly and accurately in
using automated office equipment; and to operate motor vehicles.
Manual Dexterity: Requires the ability to handle a variety of items, office equipment, control
knobs, switches, etc. Must have minimal levels of eye/hand/foot coordination.
Color Discrimination and Visual Acuity: Requires the ability to differentiate colors and shades of
color; requires the visual acuity to determine depth perception, night vision, peripheral vision,
inspection for small parts; preparing and analyzing written or computer data, etc.
.
Intel'Dersonal Temperament: Requires the ability to deal with people beyond giving and receiving
instructions. Must be adaptable to performing under moderate levels of stress.
Physical Communication: Requires the ability to talk and/or hear: (talking: expressing or
exchanging ideas by means of spoken words; hearing - perceiving nature of sounds by ear).
PERFORMANCE INDICATORS
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Knowledae of Job: Has thorough knowledge of the methods, procedures, and policies of the
Planning Department as they pertain to the performance of duties of the Codes Enforcement
Officer. Has thorough knowledge of the principles and practices of planning. Has thorough
knowledge of governmental programs, laws, and services pertinent to the planning and
development process. Has thorough knowledge of the duties and responsibilities of the job as they
apply to the Codes Enforcement Officer in the Planning Department. Has thorough knowledge of
the environmental and socio-economic impact of land acquisition and development and the
planning process. Has knowledge of hazardous building materials and is able to identify hazardous
materials. Has knowledge of engineering practices as related to codes and zoning plans. Has
knowledge of land values, urban design, and other areas of development. Has considerable
knowledge of the geographic and socio-economic layout of the Town. Is skilled in the collection,
analysis, and presentation of technical data concerning codes, hazardous materials, zoning, and
development recommendations. Is able to use computer-driven word processing, spreadsheet and
file maintenance programs. Is able to use tools appropriate for the job. Is able to read and interpret
surveys and engineering drawings and plans. Is able to review subdivision plans, site development
plans and related drawings for compliance with applicable local regulations and ordinances. Is able
to organize workflow and coordinate activities. Is able to analyze and interpret policy and procedural
guidelines. Is able to interact and assign clerical planning and development staff. Is able to explain
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CODES ENFORCEMENT OFFICER
orally and in writing codes and zoning policy and practices to lay people individually or in groups. Is
able to exercise tact and courtesy in contact with governmental officials and the general public. Is
able to establish and maintain effective working relationships as necessitated by work assignments.
Quality of Work: Maintains high standards of accuracy in exercising duties and responsibilities.
Exercises immediate remedial action to correct any quality deficiencies that occur in areas of
responsibility. Maintains high quality communication and interacts with all departments and
divisions, co-workers and the general public.
Quantity of Work: Maintains effective and efficient output of all duties and responsibilities as
described under "Specific Duties and Responsibilities."
Dependability: Assumes responsibility for doing assigned work and for meeting deadlines.
Completes assigned work on or before deadlines in accordance with directives, policy, standards
and prescribed procedures. Accepts accountability for meeting assigned responsibilities in the
technical, human and conceptual areas.
Attendance: Attends work regularly and adheres to policies and procedures regarding absences
and tardiness. Provides adequate notice to higher management with respect to vacation time and
time-off requests.
.
Initiative and Enthusiasm: Maintains an enthusiastic, self-reliant and self-starting approach to
meet job responsibilities and accountabilities. Strives to anticipate work to be done and initiates
proper and acceptable direction for the completion of work with a minimum of supervision and
instruction.
Judament: Exercises analytical judgment in areas of responsibility. Identifies problems or
situations as they occur and specifies decision objectives. Identifies or assists in identifying
alternative solutions to problems or situations. Implements decisions in accordance with prescribed
and effective policies and procedures and with a minimum of errors. Seeks expert or experienced
advice and researches problems, situations and alternatives before exercising judgment.
Cooperation: Accepts supervisory instruction and direction and strives to meet the goals and
objectives of it. Questions such instruction and direction when clarifications of results or
consequences are justified, Le., poor communications, variance with policy or procedures, etc.
Offers suggestions and recommendations to encourage and improve cooperation between all staff
persons and departments within the Town.
Relationships with Others: Shares knowledge with supervisors and staff for mutual benefit.
Contributes to maintaining high morale among employees, Develops and maintains cooperative
and courteous relationships inter- and intra-departmentally, and with external entities with whom
the position interacts. Tactfully and effectively handles requests, suggestions and complaints in
order to establish and maintain good will. Emphasizes the importance of maintaining a positive
image.
.
Coordination of Work: Plans and organizes daily work routine. Establishes priorities for the
completion of work in accordance with sound time-management methodology. Avoids duplication
of effort. Estimates expected time of completion of elements of work and establish a personal
schedule accordingly. Attends meetings, planning sessions and discussions on time. Implements
work activity in accordance with priorities and estimated schedules. Maintains a calendar for
meetings, deadlines and events.
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CODES ENFORCEMENT OFFICER
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Safety and Housekeepina: Adheres to all safety and housekeeping standards established by the
Town and various regulatory agencies. Sees that the standards are not violated. Maintains a clean
and orderly workplace.
DISCLAIMER: This job description is not an employment agreement or contract.
Management has the exclusive right to alter this job description at any time without notice.
.
.
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SUPPORT SERVICES AGREEMENT BETWEEN
TRIANGLE J COUNCIL OF GOVERNMENTS AND
LOCAL GOVERNMENTS AND OTHER FUNDING PARTNERS ESTABLISHING
THE CLEAN WATER EDUCATION PARTNERSHIP PROGRAM
THIS AGREEMENT made and entered into this J.2iA. day of !Jpni02005, by and between the
undersigned local governments and organizations, hereafter collectively referred to as the "Clean
Water Education Partnership Program Partners" or the "CWEP Partners", and Triangle J Council
of Governments (TJCOG).
WITNESSETH:
1.
Establishment of Clean Water Education Partnership and Program. The Clean Water
Education Partnership Program Partners hereby acknowledge that economic and
environmental benefits can be achieved through establislunent of a cooperative, coordinated
and cost-effective public education and awareness program relating to stormwater
management and nonpoint source pollution control in the Neuse, Cape Fear and Tar-Pamlico
River Basins. The CWEP Partners hereby commit to jointly develop and implement a Clean
Water Education Partnership Program ("the Program") for the purpose of:
(a) meeting, and exceeding where appropriate, the local stormwater program education
.
requirements established under North Carolina Department of Environment and Natural
Resources Neuse River Basin Nutrient Sensitive Waters Management Strategy rules
applicable to local stormwater management (15A NCAC 2B .0235), and the subsequent
guidance provided in the ''Neuse River Basiri: Model Stormwater Program for Nitrogen
Control" dated August 30, 1999;
(b) meeting, and exceeding where appropriate, the local stormwater program education
requirements estab~ished under North Carolina Department of Environment and Natural
Resources Tar-Pamlico River Basin-Nutrient Sensitive Waters Management Strategy
rules applicable to local stormwatermanagement (15A NCAC 2B .0258): and the
subsequent guidance provided in the "Tar Pamlico River Basin: Model Stormwater
Program for Nutrient Control" approved by the EMC February 12, 2003;
(c) meeting certain stormwater program public education and awareness requirements
applicable under the Federal NPDES Phase II stormwater requirements;
(d) building public awareness and understanding of stormwater management issues and
challenges, and developing a sense of responsibility and place relating to stormwater
management and nonpoint source pollution control; and
(e) strengthening and building on collaborative efforts relating to stormwater management
and nonpoint source pollution control.
2. Establishment of Program Steering Committee. The CWEP Partners hereby agree to
establish a Program Steering Committee that shall manage the business and affairs of the
Program and develop and approve the annual work plan for the Program. Each CWEP
Partner shall be entitled to have one (1) vote on all official matters that are considered by the
Clean Water Education Partnership Services Agreement (3/2105)
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96
Steering Committee.. Each CWEP Partner's manager shaH appoint its jurisdiction's
respective voting member (and any designated alternate members) to serve on the Steering
Committee. The Committee may adopt formal organizational documents as it deems
necessary and appropriate. All official actions taken by the Steering Committee shall be
recorded in writing and provided to each CWEP Partner's voting member on the Steering
Committee.
3.
Engagement ofTJCOG and Scope of Services. The CWEP Partners and TJCOG hereby
agree that TJCOG shall provide administrative and management support services relating to
the establishment of the Program. TJCOG shall, in a satisfactory manner as determined by
the Program Steering Committee, perform the tasks necessary for overall administration of
the Program. The project management and administrative services (the "Program Services")
to be provided by TJCOG include:
(a) coordination and staff support for meetings, communications, and projects relating to the
Program;
(b) assistance with development of the Annual Work Plan for the Program;
(c) liaison with state agencies and technical consultants retained for the Program;
(d) management of any contracts issued for the Program and oversight of contractor
servIces;
( e) administration of Program financ;es, including record Keeping, collection, and
disbursement of funds, ang compliance with fiscal control practices required of local
governments;
(f) establishment and maintenance of a Program web-site, subject to approval of web-site
content by the Program Steering Committee;
(g) pursuit of supplemental funding assistance for the Program; and
(h) other services consistent with the purpose of the Program, as requested by the eWEP
Partners through the Program Steering Committee.
,
4.
Period of Performance. The initial period of this Agreement shall be from July 1, 2005,
through June 30, 2006; provided, however, that this Agreement may be renewed upon
mutual agreement ofthe CWEP Partners (acting through the Program Steering Committee)
and TJCOG. Any CWEP Partner may, at its discretion, decide whether or not to continue
participating in the Program beyond the current term. Each CWEP Partner agrees that, on or
before May I sr of each year this Agreement is in effect, it will notify TJCOG in writing as to
whether the CWEP Partner intends to participate in the Program for the next year. If,
following the local budget approval process, a CWEP Partner decides not to participate in
the program, that Partner shall provide written notice to TJCOG on or before July 15th of
that same year.
5. Program Funding Level. The CWEP Partners hereby agree to initially fund the Program in
the amounts shoWn in Exhibit A. Each CWEP Partner's respective sh&re of the Program cost
shall be based on the total of two factors: (a) a uniform base participation charge that shall
apply equally to all CWEP Partners, and (b) a variable rate charge that is based on the
respective CWEP Partner's proportionate share of the total estimated population of the
, .
Clean Water Education Partnership Services Agreement (3/2/05)
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97
CWEP Partners; provided, however, that cost-share amounts may from year-to-year be
revised by the Program Steering Committee.
The initial annual Program payment, and any subsequent annual Program payments, shall be
paid to TJCOG at the beginning of the fiscal year, and shall be based on:
(a) the estimated cost for all Program materials, advertisements and related services;
(b) the cost for TJCOG to provide the Program Services for the fiscal year; and
(c) estimated direct costs such as mileage and lodging.
The Program Steering Committee shall, by March 1 sl of each year, prepare and submit to
each CWEP Partner a proposed CWEP work plan and program budget for the coming Fiscal
Year.
Interest earnings shall be credited to and used solely for the benefit of the Program.
6. Compensation and Payment. For Fiscal Year 2006, the costs for TJCOG's Program Services
shall be $15,000 plus direct costs such as mileage, printing, and travel. In future years,
annual costs for TJCOG's Program Services shall be calculated and agreed to between
TJCOG and the Program Steering Committee. Payment for TJCOG's Program Services
sh~1l be a budgeted expense of the Program, and shall be i:iaid to TJCOG in advance at the
beginning of each fiscal year from annual revenues received from the Program Partners, or
.
from supplemental funds received by the Program.
7. Access to Records. TJCOG shall maintain all official records relating to the Program, and
shall in a timely manner provide the Program Ste'ering Committee and CWEP Partners with
written minutes of official meetings of the Steering Committee. The CWEP Partners shall
have access to any books, documents, papers, and records that are pertinent to the execution
of this Agreement, for t.he purpose of making audits, examinations, excerpts and
transcriptions.
8. Amendments. This Agreement may, upon mutual consent ofthe parties hereto, be amended
at any time provided that such amendments specifically reference this Agreement, and are
executed in writing, signed by each party.
9. Suspension or Termination. The CWEP Partners, acting through the Program Steering
Committee, or TJCOG may suspend or terminate this Agreement upon 60 days written
notice in whole or in part for cause. Cause shall include the following:
(a) ineffective or improper use of funds;
(b) failure to comply with the terms and conditions of this Agreement; and
(c) if for any reason the carrying out ofthis Agreement is rendered impossible or infeasible.
If the CWEP Partners, acting through the Program Steering Committee, withhold payment
or intend to suspend this Agreement, said Committee shall advise TJCOG of such action and
. ,
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98
specify in writing the actions that must be taken and a reasonable date for compliance as a
condition precedent to the resumption of payments. IfTJCOG intends to suspend this
Agreement, it shall advise the CWEP Partners and the Program Steering Committee and
specify in writing the actions that must be taken and a reasonable date of compliance in
order to avoid suspension ofthe Agreement.
10. Entire Agreement. The CWEP Partners and TJCOG agree that this document constitutes the
entire agreement between the parties, and may only be modified by a written mutual
agreement approved and signed by the parties. Modifications may be evidenced by
telefacsimile signatures. Unless and until further modified, this Agreement shall consist
solely of this document.
IN WITNESS WHEREOF, duly authorize~ officers of the CWEP Partners and Triangle J
Council of Governments have executed this Agreement as of the date fust above written.
TRIANGLE J COUNCIL OF GOVERNMENTS
ATTEST TO:
~p 0 ~!l~~~
Dee A: Freeman, Executive Director
---..,
.
BY: ~ Vdk/.AtwAJ<f
Clerk
, LOCAL GOVERNMENT PARTNER
ATTEST TO:
BY~
Clerk
~T~
own 0 1 S oroug
Clean Water Education Partnership Services Agreement (312105)
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'99
EXHIBIT A
Clean Water Education Partnership Annual Cost Shares:
FY 2005-2006
FY 2006 Cost :;hares
Base Rate Estimated 2003 Population Proportionate Rate Total
Potential Partners Cost Share (From NC State Demographics) Cost Share Cost Share
Town of Apex 2 $1,833 24,701 1,487 $3,320
Town of Carrboro 2 $1,833 17,585 1,059 $2,892
Town of Cary 1,2 $1,833 106,304 6,400 $8,233
Town of Chapel Hill 2 $1,833 51,485 3,099 $4,932
Chatham County 2 $1,833 43,446 2,615 $4,448
City of Durham 1,3 $1,833 201,660 12,140 $13,973
Durham County 1 $1,833 32,092 1,932 $3,765
Franklin County 2.4 $1,833 44,968 2,707 $4,540
Town of Fuquay-Varina 2 $1,833 9,726 586 $2,419
Town of Garner 1.2 $1,833 20,144 1,213 $3,046
City of Goldsboro 1.2 $1,833 38,522 2,319 $4,152
City of Havelock 1 $1,833 22,861 1,376 $3,209
Town of Hi\lsborough 2 $1,833 5,541 334 $2,167
Town of Holty Springs 2 $1,833 12,375 745 $2,578
Johnston County 1 $1,833 96,662 5,819 $7,652
City of K,inston 1 $1,833, 23,139 ' . 1.393 $3,226
Town of Knightdale 2 $1,833 6,484 390 $2,223
Town of Morrisvitle 2 · $1,833 10,721 645 $2,478
City of New Bern 1 $1,833 23,637 1,423 $3,256
Orange County 1,2 $1,833 47,534 2,862 $4,695
City of Oxford 4 $1,833 8,583 517 $2,350
City of Raleigh 1.3 $1,833 313,004 18,843 $20,676
City of Rocky Mount 2,4 $1,833 56,136 3,379 $5,212
Town of Rolesvitle 2 $1,833 985 59 $1,892
Town of Smithfield 1 $1,833 11,601 6!)8 $2,531
Wake County 1,2 . $1,833 170,082 10,239 $12,072
Town of Wake Forest 2 $1,833 16,490 993 $2,826
Wayne County 1,2 $1,833 67,562 4,067 $5,900
City of Wilson I $1,833 46,556 2,803 $4 636
I Totals: $53,157 1 530,586 $92141 $145.298
Notes:
1. The local government is subject to the Neuse River Basin Nutrient Management Regulations.
2. The local government is subject to the NPDES Phase II Stormwater Regulations.
3. The local government is subject to the NPDES Phase I Stormwater Regulations.
4. The local government is subject to the Tar-Pamlico River Basin Nutrient Management
Regulations.
Clean Water Education Partnership Services Agreement 13/2105)
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