HomeMy Public PortalAbout05-09-2005 Regular Session
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Minutes
May 9. 2005 Regular Board Meeting
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Minutes Approved: June 13. 2005
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Town
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Hil!i.
MINUTES
IDLLSBOROUGH TOWN BOARD
May 9, 2005
7:30 PM, Town Barn
gh
The Hillsborough Town Board held a regular meeting on May 9, 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 ManagerlPublic Works
Director Demetric Potts, Town Clerk Donna Armbrister, Planning Director Margaret Hauth,
Finance Director Greg Siler, Town Engineer Kenny Keel, Interim Police Chief Judy Jacobs, and
Town Attorney T. C. Morphis.
7:34:02 PM Mayor Joe Phelps called the meeting to order at 7:35 PM.
1. PUBLIC CHARGE
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
There were no audience comments.
3. AGENDA CHANGES & AGENDA APPROVAL
7:34:48 PM Mayor Phelps deleted Item 10.K from the Agenda
7:35:01 PM Mayor Phelps added an additional Closed Session regarding the Colonial Inn
Litigation.
4. APPOINTMENTS
A. Consider appointment of Orange County resident who is not an elected official to serve as
the Town's representative on the newly formed Orange County Animal Services Advisory
Board
7:35:29 PM Commissioner Hallman volunteered to contact Tracey Carroll at Tupelos to see if
she is interested in serving and he will contact the Town Clerk on Tuesday to let her know.
5. APPROVAL OF THE MINUTES OF THE JANUARY 25, 2005 JOINT PUBLIC
HEARING; THE APRIL it, 2005 REGULAR BOARD MEETING; THE APRIL 11,
2005 CLOSED SESSION; AND THE APRIL 12 SPECIAL MEETING
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7:39:01 PM Commissioner Lowen noted some typos on the Joint Public Hearing minutes.
7:39:29 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the
Board moved to approve the Minutes of the January 25, 2005 Joint Public Hearing with the
aforementioned changes; the Minutes of the April 11, 2005 Regular Board Meeting; the
Minutes of the April 11, 2005 Closed Session; and the Minutes of the April 12, 2005 Special
Meeting as presented by a vote of 5-0. The motion was declared passed.
6. CO~TTEEREPORTS
7:39:39 PM Commissioner Hallman reported that the Conference on Homelessness that
Planning Director Hauth helped organize was well attended and several good ideas came out of
the Conference.
7:40: 16 PM Commissioner Gering reported that the Tourism Board received presentations of
the Grant applications last week and will be deliberating on them and making some decisions at
their next meeting which is the first Monday in June.
Commissioner Gering also reported that at the end of May the Churton Corridor Planning Group
will be hosting a station at the "Last Fridays" Event to display for the public what the Group has
been up and solicit some public feedback.
7. REPORT FROM THE TOWN MANAGER
7:41:39 PM Town Manager Eric Peterson reminded the Board of Town Hall Day on
Wednesday.
7 :41 :57 PM Manager Peterson informed the Board that he, Town Engineer Kenny Keel, and
Finance Director Greg Siler will be going to Charlotte to receive an update on the computer
model of the water rate study.
7:42:13 PM He stated that budgets were delivered last week and the first Budget meeting is
next Monday, May 16,2005 at 7:30 PM.
7:42:48 PM He updated the Board on the Police Chief Recruitment Process stating that a
formal Press Release is expected to be made on Wednesday.
8. REPORT FROM THE TOWN ENGINEER
7:43: 12 PM Town EngineerlUtilities Director Kenny Keel presented an update on all
water/sewer projects.
Engineer Keel estimated the start date for Chloramination to be early July.
9. ITEMS FOR DECISION - CONSENT AGENDA
A. Consider approval of a Resolution authorizing the execution of a HOME Consortium
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Agreement
B. Consider approval of a Resolution Authorizing the Orange County 2005-2006 HOME
Program design
C. Agreement with NCRR and Norfolk Southern to permit the Town to construct a
pedestrian walkway access under railroad trestle to establish access to Gold Park
D. Consider Acceptance ofChurton Grove Commercial Center water & sewer utilities and
Start of Warranty
E. Consider approval of Miscellaneous Budget Amendments
7:46:53 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the
Board moved to approve Consent Agenda Items 9.A-9.E as presented by a vote of 5-0. The
motion was declared passed. A copy of the Resolution authorizing the execution of a HOME
Consortium Agreement; the Resolution Authorizing the Orange County 2005-2006 HOME
Program Design; the Agreement with the NCRR and Norfolk Southern to permit the Town to
construct a pedestrian walkway access under railroad trestle to establish access to Gold Park; and
the Miscellaneous Budget Amendments are hereby incorporated by reference and made a part of
these official Minutes as Attachments.
to. ITEMS FOR DECISION - REGULAR AGENDA
A. Consideration of Request from Vickie McDaniel, Gates Management & Realty to Extend
and Improve Short Street
7:47:24 PM Assistant Town ManagerlPublic Works Director Demetric Potts presented the
request for the Board's consideration stating that Vickie McDaniel wants to subdivide the
property located at 505 Revere Road. She has requested that the Town extend and improve
Short Street which currently dead ends at the midpoint of the property.
The Board discussed the fact that the property owners could build the road and it not be done
at the Town's expense.
Lee Moss from Gates Management, representing Vickie McDaniel, addressed the Board and
asked what needs to be done to subdivide the property. The Board informed him that the
property can be subdivided if the owners construct a private drive to provide adequate road
frontage for both lots.
B. Consideration of Request from Michael Rhoades to improve Hassell Street south of
Margaret Lane
7:53:25 PM Assistant Town Manager/Public Works Director Potts presented the request for
the Board's consideration stating that the request is being made due to problems with erosion,
and people mistaken the street as a private driveway. The Town staffplaced stone on the
street approximately three months ago thinking that would alleviate the problems.
7:53:54 PM Mr. Rhoades addressed the Board in support of his request to have the Town
pave a portion of Hassell Street.
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7:59:16 PM Commissioner Lowen suggested allowing the property owners to pay for the
maintenance of the road.
7:59:40 PM Commissioner Hallman suggested added this street to the list of street paving.
8:01 :42 PM By consensus, the Board directed staff to add this portion ofS. Hassel Street to
paving list.
C. Consideration of Request from Michael C. Neighbours to construct a family mausoleum
in the Corbin Street Cemetery
8:01:54 PM Assistant Town Manager/Public Works Director Potts informed the Board that
Michael Neighbours has requested that the Board approve the construction of a family
. mausoleum on the foot print of the remaining plots that have been purchased by the
Neighbours' family. He explained that the Town Code doesn't specifically address the
construction of Mausoleums and that staff is also researching questions surrounding the foot
print for the mausoleum as well as plot locations. He stated that staff recommends that the
Board amend the Town Code to address the installation and construction of mausoleums with
specific design standards.
8:04:48 PM Mike Neighbors addressed the Board stating that the proposed Mausoleum
would be constructed of 8" block with a stucco coating which would have white concrete dye
mixed in it to make it virtually maintenance free.
8:09:53 PM Commissioner Gering stated that he would like to see design guidelines and
standards.
8:] 2:55 PM Commissioner Hallman stated that a Mausoleum like this would add visual
interest to the cemetery, but he agreed that the Town needs guidelines.
8: 15:00 PM Commissioner Gering suggested that staff bring back some design standards
for their consideration at a future meeting.
By consensus, the Board directed staff to research and develop a design standard for the
construction of Mausoleum as well as bring to the Board a Code Amendment for
consideration at a later Town Board Meeting.
D. Discuss potential senior development on Orange Grove Road with the John Kavanagh
Company
8: 19:52 PM John Kavanagh with the Kavanagh Company, and Michael Bateman with
Steven D. Bell and Company, addressed the Board and expressed their interest in developing
the property formerly known as the Village at Meadowview as an age restricted development.
8:36:52 PM By consensus, the Board requested that they do a preliminary draft site plan for
the Board's consideration at their June meeting before they do a detailed proposal.
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E. Consideration of Special Use Permit for Goodwill Community Foundation to build a retail
store at 520 Hampton Pointe Blvd.
8 :40: 12 PM Planning Director Margaret Hauth presented a Resolution to approve a Special
Use Permit for Goodwill Community Foundation to locate a retail store and donation center at
520 Hampton Pointe Boulevard for the Board's consideration. She report that the GCF plan
was heard at the Joint Public Hearing in October. A resident in Beckett's Ridge spoke
regarding the potential for noise concerns from the project, including truck service.
Following the hearing, the applicants met with the Planning Board at their December and
January meetings to discuss revisions to the plans. In January, the Planning Board, by a 6-1
vote, recommended approval of a plan with the addition of a driveway and sidewalk access to
the parcel to the east.
The revised plans show the new location of the donation door and revised pedestrian
access/safety plan. The second site plan indicates the installation locations of the various
safety signs.
8 :41: 13 PM Brantly Tillman representing GCF addressed the Board and reviewed the
redesign of the site plan and offered to have their Traffic Engineer report to the Board.
Town Attorney T.C. Morphis stated that at this point any new testimony would require a new
Public Hearing.
8:50: 18 PM Mr. Tillman requested the Board make a decision tonight.
8:57:57 PM Commissioner Dancy made a motion to approve the resolution granting the
Special Use Permit as presented and Commissioner Hallman seconded the motion.
Commissioner Lowen stated that he still has reservations about the trucks backing in, but they
are not enough to prevent him from voting for it.
Mayor Phelps stated that he did not feel there would be enough donations to keep the store in
business and that he also still has a concern with the joint driveway.
The motion was approved with a 5-0 vote. The motion was declared passed. A copy of the
Resolution Granting a Special Use Permit Subject to Special Conditions Affecting Acres of
Land Identified as part of 4.45.4C and PIN 9873-59-4782 is hereby incorporated by reference
and made a part of these official Minutes as Attachments.
F. Continued discussion of proposed right-of-way changes related to the proposed Gateway
Center at 228 South Churton Street
9:08:08 PM Planning Director Margaret Hauth infonned the Board that since the Town
Accepted the alley as a public right of way, we will have to follow the appropriate notice
procedure3s to abandon it and accept the new right of way in the Gateway parking lot. She
presented a Resolution of Intent to Close the Right of Way for the Board's consideration.
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9:09:44 PM Brian Ketchum, with Summit Consulting Engineers, addressed the Board and
presented a several versions of the proposed design, but stated that eliminating the left turn is
still the safest option.
9:34:32 PM Mr. Faribault expressed his concerns with delivery truck traffic serving the
restaurant on Exchange Park Lane.
Mr. James Parsley expressed his concerns with being able to go to his home coming from the
north and south side of town.
9:46:42 PM Arthur Axelbank asked if the number of parking spaces could be reduced.
By consensus, Board agreed to meet again at 7:00 on May 26th to further discuss this issue.
G. Receive Annexation Petition from Carillon Assisted Living regarding 5 acres on Orange
Grove Road
9:58:21 PM Planning Director Margaret Hauth presented the Annexation Petition and
stated that 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.
Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board
moved to schedule a Public Hearing on the proposed Carillon Assisted Living Annexation at
the July 26th Board Meeting by a vote of 5-0. The motion was declared passed.
Mayor Joe Phelps called for a brief recess.
Mayor Joe Phelps reconvened the meeting.
H. Consider site plan for proposed Turnip Patch Park
10:05:02 PM Planning Director Hauth reminded the Board that in 2003, local residents
approached the Town Board with an offer to develop the town-owned parcel at the comer of
West King and South Occoneechee Streets as a park for young children. The residents
offered to develop the park at their expense. At that time, neighbors expressed concern about
the design and the use of the land as a park. The Board asked the residents to formalize the
site plans and create an incorporated organization that the Board could contract with. The
residents have incorporated a Turnip Patch Park, Inc. and have submitted the requested
information.
Commissioner Dancy stated she had a concern with not having an appropriate trash can in the
park.
10:07:24 PM Morgan Moylan, President of Turnip Patch Park, Inc., fielded questions from
the Board.
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10:10:33 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen,
the Board moved to accept the Turnip Patch Park Plan and authorized the Town Manager to
sign an agreement with Turnip Patch Park, Inc. by a vote of 5-0. The motion was declared
passed. A copy of the Turnip Patch Park guidelines, their Certificate of Insurance, Articles of
Incorporation, Employer Identification Number, and proposed Plan are hereby incorporated
by reference and made a part of these official Minutes as Attachments.
10: 12 :06 PM Mayor Phelps moved Item L to be heard next.
L. Receive update on the Waterstone Development from Peter Henn
10: 13 :26 PM Peter Henn addressed the Board and discussed the sale of Waterstone to the
Stratford Group. He stated they would still like to change Parcel 6 from multi-family to
single-family. They would like to come back and work with staff on this on a Special Use
Permit process.
10:20:09 PM By consensus, the Board directed staff to conduct a new fiscal analysis based
on the new financial information provided by Scott Radway for the Board's consideration as
soon as feasible (possibly July or September).
M. Consider Ordinance to amend the Zoning Ordinance to establish ''Homeless Shelter" as a
permitted special use, create development standards/application criteria and permit the use
within the town
10:23:26 PM Planning Director Hauth presented the Ordinance Amendment for the Board's
consideration.
Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board
moved to adopt the Ordinance to amend the Zoning Ordinance to establish "Homeless
Shelter" as a permitted special use, create development standards/application criteria and
permit the use within the Town as presented by a vote of 5-0. The motion was declared
passed. A copy of the Ordinance is hereby incorporated by reference and made a part of these
official Minutes as Attachments.
10:23:57 PM
I. Consider amendment to the Parks and Recreation Master Plan to add a Greenway section
to include Riverwalk and Cates Creek Greenway
10:24:49 PM Planning Director Hauth presented the Parks and Recreation Master Plan
amendment for the Board's consideration. She reported that this item was discussed at the
April 26th Public Hearing where the Parks and Recreation Board Chair Elizabeth Lacey spoke
in favor of the request. Both the Parks and Recreation Board and the Planning Board
un;mimously endorse approving this amendment.
Hauth further reported that when the park plan was adopted in 1993, no formal or specific
plans existed for greenways in Hillsborough, although they are referred to generally in the
text. This section specifies the two improvements the Parks and Recreation Board has spent
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the most time considering. This amendment is part of a larger effort to update the Master
Parks and Recreation Plan. Including these two routes in an adopted plan improves our
competitiveness for grant funding for construction of these facilities.
Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board
moved to approve the Resolution Amending the Hillsborough Master Parks and Recreation
Plan to Include a Greenway Section 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 Attachments.
J. Receive Request from the Historic District Commission to send a letter of support for the
North Carolina Pilot Rehabilitation Code being adopted as the building code for existing
buildings
10:26: I 0 PM Planning Director Hauth reported that the Historic District Commission met
with Senator Kinnaird to discuss the potential positive impact of utilizing a rehab code in
North Carolina generally and Orange County specifically. The Commission was unanimous
in it's support of the Code and asks the Town Board to draft a letter of support and forward it
to Senator Kinnaird.
Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board
moved to authorize staff to send a letter of support under the Mayor's signature to Senator
Kinnaird by a vote of 5-0. The motion was declared passed.
K. Receive request from the Historic District Commission to establish a Joint Countyffown
Task Force on historic resources in Hillsborough
This Item was removed from the Agenda earlier in the meeting.
N. Review Draft State Transportation Improvement Program for 2006-12 and provide
comments
10:30:55 PM Planning Director Hauth reported that the draft State TIP has been released for
public comment. Many projects have been delayed due to lack of funding availability. The
MPO set a public comment period until June g. Options for commending include: written
comments to the MPO chair or spoken comments at the evening public hearing on June 8 in
Durham.
Commissioner Hallman stated he thought the Board should send them a letter reminding them
that Hillsborough has not had any project approved in several years.
10:37 :31 PM By consensus, the Board directed Planning Director Hauth to make a formal
proposal which includes the further justification that Hillsborough has not been granted
improvements for some time to be presented at their June gth Public Hearing.
O. Discussion of options for next contact with Roulhac family heirs regarding covenants on
Town Hall Campus
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10:39:44 PM Planning Director Hauth recommended that concurrently working with the
heirs, the Town may want to create a public process for the design of the facility. There is a
lot of public interest in this project and many views to consider in the design process.
10:45:13 PM By consensus, the Board authorized the Planning Director to proceed with
contacting the heirs with this proposal.
11. CLOSED SESSION
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to
go into Closed Session as authorized by North Carolina General Statute Section 143-318.11(3) to
meet with Town Attorney regarding pending Litigation Proceedings and Status Report and as
authorized by North Carolina General Statute Section 143-318.11(6) to discuss a Personnel
Matter
Upon returning to Open Session, and upon a motion by Commissioner Lloyd, seconded by
Commissioner Hallman, the Board moved to allow Lou Hayes three (3) months to reimburse the
Town the full amount for property clean-up by a vote of 5-0. The motion was declared passed.
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to
authorize the Town Attorney to proceed with the collection of penalties from Mr. Jerry McKoy
by a vote of 5-0. The motion was declared passed.
Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to
authorize the Town Attorney to hold fast in the Colonial Inn Litigation with the request for a
$5,000 Charitable Contribution by a vote of 5-0. The motion was declared passed.
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to
authorize the Town Attorney to deny settlement in the Robbins Asphalt Litigation by a vote of5-
O. The motion was declared passed.
12. ADJOURN
Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved
to adjourn the meeting at 11 :29 PM by a vote of 5-0. The motion was declared passed.
Respectfully submitted,
Donna F. Annbrister, CMC
Town Clerk
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NORTH CAROLINA
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Orange County HOME Consortium
HOME Investment Partnership Program Consortium Agreement
THIS AGREEMENT made and entered into by and among the County of Orange (hereinafter
"County"), the Town of Carrboro, the Town of Chapel Hill, and the Town of Hillsborough
(hereinafter "Towns"), each being a general local governmental unit of the State of North
Carolina, and is made pursuant to North Carolina Statutes, Article 20 of Chapter 160A.
WHEREAS, County and Towns agree that it is desirable and in the interests of their citizens to
secure approval by the federal government to be considered as a consortium under the federal
HOME Program operated by the U.S. Department of Housing and Urban Development as
authorized under the HOME Investment Partnership Act, Title II of the Cranston-Gonzalez
National Affordable Housing Act of 1990, as amended;
NOW, THEREFORE, the County and the Towns agree as follows:
Section 1.
Definitions
The definitions contained in 24 CFR Part 92, Subpart A, paragraph 92.2 are incorporated herein
by reference and made a part hereof, and the terms defined in this section have the following
meanings given them:
A.
"Act" means Title II of the Cranston-Gonzalez National Affordable Housing Act, as.
amended (42 U.S.c. 12701 et. seq.).
"Consolidated Plan" means the Consolidated Plan for Housing and Community
Development Programs as established in the Act and prepared and adopted. by the County
and Towns, as amended from time to time. The Plan describes the needs, resources,
priorities and proposed activities to be undertaken with respect to HUD Programs,
including the HOME Program.
"Federal HOME Program" means a procedure established for the use of funds made
available from HUD through the Act to carry out multi-year housing strategies through
assistance to first-time homebuyers and existing homeowners, property acquisition,
rehabilitation and riew construction of housing, site improvements, tenant-based rental
assistance, demolition, relocation expenses and other reasonable and necessary .expenses
related to the development of affordable housing.
"HUD" means the United States Department of Housing and Urban Development.
"Regulations" means 24 CFR Part 92 HOME Investment Partnerships Program
Implementing Regulations as issued by HUD.
"Federal HUD Consortium" means a consortium of units of general local governments
bound by the terms of a HOME Investment Partnership Act Consortium Agreement for
the purpose of participating in the Federal HOME Program and receiving funds as
authorized in the Federal Program Regulations.
B.
C.
D.
E.
F.
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G.
"Federal Program Requirements" means documents issued by the U.S. Department of
Housing and Urban Development describing the regulations and requirements of the
HOME Program in order for funds to be awarded to participating jurisdictions as
authorized in the Act.
Section II. Purpose
This Agreement is to form a Consortium of units of general local government within Orange
County for designation as a Federal HUD Consortium under the Act and the Federal Program
Requirements of the Act. The said Consortium is known and hereinafter may be referred to as
the Orange County HOME Consortium (hereinafter "OHC").
Section III. Aereement.
A. The term of this Agreement begins with the effective date of July 1, 2005 and ends June
30, 2008. Subject to the requirements of Paragraph D of this Section, the County and
Towns agree that the terms of this Agreement cover the period necessary to carry out all
activities that will be funded from funds awarded during three federal fiscal years ( 2006,
2007, 2008) and that all members of OHC will remain in OHC for the entire period.
The Agreement remains in effect until the HOME funds from each of the federal fiscal
years of the qualification period are closed out pursuant to 24 CFR 92.507.
B.
The OHC Program Review Committee is authorized to provide policy oversight for
planning, operations, and evaluation of OHC and the HOME Program. The Manager or
his/her designee from each participating uniLof local government and one (1) elected
official from each jurisdiction shall be a member. The OHC Program Review Committee
shall prepare a proposed HOME program design .each year and consortium program
application to HUD, in compliance with the. Act, the Regulations, and the Federal
Program Requirements, including reallocation of any funds from previous years not
expended or any repayments or other programinc0Il1e consistent with this Section. Each
year's proposed HOME program design and the consortium program application should
be consistent with the Consolidated Plan. Each year's program design shall be subject to
the approval of each consortium member's elected board. The proposed HOME program
design will define a strategy in sufficient detail to accommodate the collective and
individual needs and priorities of the County and Towns.
The OHC Program Review Committee shall also review the Consolidated Plan Update
each year and any amendments needed, and present these changes and amendments to
each consortium member's elected board for approval and submission to HUD and to the
State.
All consortium members must approve the HOME program design and any Consolidated
Plan amendments prior to their submission to HUD.
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e.
The County and Towns mutually agree that the County shall act as the Lead Entity in a
representative capacity for all members of OHC for the purposes of the Act and as further
defined in the Federal Program Requirements for funding provided directly by HUD. The
County, in its capacity as lead entity, is authorized to enter into an agreement with HUD.
The Chair of the Orange County Board of Commissioners, chief elected official of the
Lead Entity, acting on behalf of OHC, is authorized to submit an application for funding
under the federal HOME Program, consistent with the approved HOME program design
for each year. The County, as Lead Entity, is authorized to enter into agreements with
non-profit organizations receiving funding under an approved HOME program design.
D. The County 'and Towns mutually agree that the County as Lead Entity shall assume
overall responsibility for ensuring that the OHC HOME program meets the requirements
concerning the Consolidated Plan is accordance with HUD regulations in 24 CFR Parts
92 and 91, respectively, and the requirements of 24 CFR 92.350(a)(5); and further,
ensuring that the OHC HOME program is carried out in compliance with the
requirements of the Act, the Regulations and the Federal Program Requirements. The
Towns agree to assist the. County in maintaining compliance with the Act, the
Regulations, and the State and Federal Program Requirements for the full compliance
period, extending to and continuing beyond the expiration of this Agreement.
E.
If any new entities join OHC, the County as Lead Entity agrees to notify HUD in writing
and to provide a copy of the authorizing resolution from the new members' governing
body and an amendment to this Agreement signed by the chief executive officer of the
new member. The County, as Lead Entity, is authorized by this agreement to amend this
Agreement on behalf of the entire consortium to add new members to OHe.
F. The County and the Towns mutually agree that the OHC's HOME program will provide
fair and ample opportunity for all members of the consortium to access the funding
brought to it in an amount that shall be determined by the State, and that the County and
Towns shall be given ample opportunity to comment on and approve the distribution of
all funding made available through the ORC.
G. The County as Lead Entity will finance the costs of administering the HOME Program for
OHC to the extent of appropriations. The County shall establish the HOME Investment
Trust Fund as specified in 24 CFR Part 92.500, and will participate in the Integratedthe
Integrated Disbursement and Information System and other accounting and compliance
procedures as required by HUD.
H. If local matching funds are required by HUD, the County and Towns mutually agree that
the matching funds shall be provided in accordance with the following formula:
1.
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3.
4.
Orange County -- 40%
Town ofCarrboro -- 14%
Town of Chapel Hill-- 41 %
Town of Hills borough -- 5%
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1.
HOME funds invested in affordable housing shall be repaid if the housing does not meet
the affordability requirements of Section 92.252 and Section 92.254 of the Regulations or
if the housing ceases to qualify as affordable housing before the period of affordability
expires. If HUD, in accordance with Section 92.503 of the Regulations, requires OHC to
repay HOME funds awarded, the County and Towns agree that the payments will be
made in accordance with the formula specified in Paragraph H of this Section.
J. Any repayment of HOME funds, loans or other program income generated from funds
received through the HOME Program, shall be returned to the HOME Investment Trust
Fund established by the Lead Entity and reallocated by the OHC Program Council during
the next HOME program design process following receipt of the repayments or other
program income, to the extent allowed by the Regulations and Federal Program
Requirements.
K. The County and Towns agree to comply with all Regulations, Federal Program
Requirements, and OHC HOME program design features and requirements.
L. This Agreement shall be executed by the appropriate officers of the County and Towns
pursuant to authority granted them by their governing bodies.
M.
To the maximum extent permitted by law, each Town which is a party to this Agreement
shall indemnify and hold harmless the County and other Towns, and their officer~,
officials, and employees, from and against any and all costs, damages, liabilities, claims,
losses, judgments or expenses, including reasonable attorneys fees, arising in any manner
from or as a result of any activities by or on behalf of the Towns under this Agreement
other than as provided for in Paragraph I of this Section, provided, however, that nothing
in this paragraph indemnifies and holds harmless the County and other Towns from and
against any costs, damages, liabilities, claims, losses, judgments or expenses, including
reasonable attorneys fees, arising in any manner from or as a result of negligent acts or
omissions of the County, and other Towns or their officers, officials, and employees.
Likewise, the County shall indemnify and hold harmless the Towns, and the Towns'
officers, officials, and employees, from and against any and all costs, damages, liabilities,
claims, losses, judgments or expenses, including reasonable attorneys fees, arising in any
manner from or as a result of any activities by or on behalf of the County under this
Agreement other than as provided for in Paragraph I of this Section, provided, however,
that nothing in this paragraph indemnifies and holds harmless the Towns from and
against any costs, damages, liabilities, claims, losses, judgments or expenses, including
reasonable attorneys fees, arising in any manner from or as a result of negligent acts or
omissions of the Towns, or the Town's officers, officials, and employees.
N.
The County and Towns certify that they will adhere to all federal and state regulations
pertaining to the disposition of real property, if any real property is acquired by the
County or Towns with funds authorized under the Federal HOME Program
Requirements.
4
.
.
.
5 124'
O.
This Agreement shall be construed in accordance with and governed by federal law and
by the laws of the State of North Carolina not inconsistent with federal law. Any
litigation arising out of this Agreement shall be brought in courts sitting in North
Carolina, with venue in Orange County.
P. This Agreement shall be amended by mutual agreement of all parties in writing.
Q. OHC and the parties to this agreement are bound by the terms of this Agreement for the
purpose of participating in the Federal HOME Program and agree to cooperate to
undertake or to assist in undertaking housing assistance activities for the Federal HOME
Program, and agree to receive funds as authorized in the Federal Program Regulations. In
the event OHC qualifies as a Federal BUD Consortium, the parties of this agreement will
consider any additional amendments to the Agreement necessary to apply for funds under
the Federal Program Requirements.
R. The County and Towns agree to cooperate in the implementation of the Federal.and State
Programs and to cooperate in the preparation of the Consolidated Plan in accordance with
BUD regulations in 24 CFR Parts 92 and 91, respectively, and the requirements of 24
CFR 92.350 (a)(5). The County and Towns shall execute and submit the required
certifications, and shall prepare and submit its plan for monitoring compliance with the
Consolidated Plan.
S.
In accordance with the Act and the Regulations, each member of the Orange County
HOME Consortium composed of the County of Orange, the Town of Carrboro, the Town
of Chapel Hill, and the Town of Hillsborough, certifies that it will direct its activities to
the alleviation of housing problems within Orange County, that it will affirmaiively
market HOME-assisted housing as defined in Section 92.351 of the Regulations and will
affirmatively further fair housing in accordance with applicable federal and State laws.
Section IV. Execution
A. The County and Towns have signed this Agreement, and all governing boards have duly
approved this Agreement and pursuant to such approval and the proper officials having
signed this Agreement, the parties hereto agree to be bound by the provisions herein set
forth. The terms and provisions of this Agreement are authorized by applicable laws and
regulations.
5
.
-.
.
6 125
The County and the Towns have authorized this Agreement to be duly executed under seal and
have set their hands and seals on the day and year specified below.
TOWN OF CARRBORO
Steven Stewart
Town Manager
ATTEST:
."
NORTH CAROLINA
ORANGE COUNTY
This is to certify that on this day personally came before me ,
with whom I am personally acquainted, and being by me duly sworn, says that Steven Stewart is
the Town Manager, and that she the said , is the Town Clerk of
the Town of Carrboro, the municipal corporation named within and which .executed the
foregoing instrument; that she knows the C'ommon seal of said corporation; that the seal affixed
to said instrument is said common seal; that the name of corporation was subscribed thereto by
the said Town Manager and that the said Town Manager and said Town Clerk
subscribed their names hereto and said common seal was affixed, all by order of the Board of
Alderman of the Town of Carrboro and that said instrument is the act and deed of said
corporation.
Witness my hand and notarial seal, this the _ day of , 20_.
Notary Public
My Commission expires:
6
.
.
.
7
126
TOWN OF CHAPEL HILL
W. Calvin Horton
Town Manager
ATTEST:
NORTH CAROLINA
ORANGE COUNTY
This is to certify that on this day personally came before me
with whom I am personally acquainted, and being by me duly sworn, says that W. Calvin Horton
is the Town Manager, and that he the said , is the Town Clerk of
the Town of Chapel Hill, the municipal corporation named within and which executed the
foregoing instrument; that she knows the common seal of said corporation; that the seal affixed
to said instrument is said common seal; that the name of corporation was subscribed thereto by
the said Town Manager and that the said Town Manager and said Town Clerk
subscribed their names hereto and said common seal was affixed, all by order of the Town
Council of the Town of Chapel Hill and that said instrument is the act and deed of said
corporation,
Witness my hand and notarial seal, this the _ day of
,20_,
Notary Public
My Commission expires:
7
.
.
.
8
1.27
TOWN OF HILLSBOROUGH
~1..(2-
Town Manager
AT~~ST: ./ / .
~~tl~~k~~
NORTH CAROLINA
ORANGE COUNTY
This is to certify that on this day personally came before me Dbnna r R(f)fhris~,
with whom I am personally acquainted, and being by me duly sworn, says that Eric Peterson is
the Town Manager, and that she the said ~e , is the Town Clerk of
the Town of Hillsborough, the municipal corporation named within and which executed the
foregoing instrument; that she knows the common seal of said corporation; that the seal affixed
to said instrument is said common seal; that the name of corporation was subscribed thereto 1;>y
the said Town Manager and that the said Town Manager and said DlJnn(). Town Clerk O'
subscribed their names hereto and said common seal was affixed, all by order of the Town Board.
of the Town of Hillsborough and that said instrument is the act and deed of said corporation.
notarial seal, this the ~ day of l1a Y , 200$ .
I
"
o
My Commission expires: UfO I {,goo f
I
8
9 128.
.
ORANGE COUNTY
John M. Link, Jr.
County Manager
ATTEST:
NORTH CAROLINA
ORANGE COUNTY
This is to certify that on this day personally came before Donna Baker, with whom I am
personally acquainted, and being by me duly sworn, says that John M. Link, Jr. is the County
Manager, and that she the said Donna Baker, is the Clerk to the Board of Commissioners of the
County of Orange, the body politic and corporate named within and which executed the
foregoing instrument; that she knows the common seal of said County; that the seal affixed to
said instrument is said common seal; that the name of corporation was subscribed thereto by the.
said County Manager and that the said County Manager and said Donna Baker subscribed their
names hereto and said common seal was affixed, all by order of the Board of County
. Commissioners of Orange County and that said instrument is the act and deed of Orange County.
Witness my hand and notarial seal, this the _ day of
,20_.
Notary Public
My Commission expires:
.
9
Town
of
~n~
1.29.
3
(>1994 lbwn 01 Hillsborough
RESOLUTION AUTHORIZING THE EXECUTION OF A
HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM CONSORTIUM
AGREEMENT
WHEREAS, on June 29, 1992, the Orange County Board of Commissioners approved participation
of the County in the Orange County HOME Consortium; and
WHEREAS, the Towns of Carrboro, Chapel Hill, and Hillsborough and Orange County are
currently members of the Orange County HOME Consortium established on or about August 3,
1992; and
WHEREAS, the current Orange County HOME Consortium Agreement expires on June 30, 2005;
and
.
WHEREAS, the Orange County HOME Consortium desires to continue to be considered for
eligibility under the federal HOME Program operated by the U.S. Department of Housing and
Urban Development as authorized under the National Mfordable Housing Act, as amended;
NOW THEREFORE BE IT RESOLVED, that the Hillsborough Town Board of Commissioners
authorizes the Town Manager to execute the approved HOME Consortium Agreement for the
period July 1, 2005 to June 30, 2008, and future agreements for future periods not materially
different from the July 1, 2005 to June 30, 2008 agreement, subject to approval as to form by the
County Attorney.
This the 9th day of May 2005.
.
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Attest:
101 East Orange Street · Po. Box 429 · Hillsborough, North Carolina 27278
919-732-1270 . Fax 919-644-2390
Town
of
~!~~
130
gh
Cl994b.YnofHilisbo<"1lliSOLUTION AUTHORIZING
THE ORANGE COUNTY 2005-2006 HOME PROGRAM DESIGN
BE IT RESOLVED, by the Hillsborough Town Board of Commissioners as a member of the
Orange County HOME Consortium approve following activities for the 2005-2006 HOME Program.
Property Acquisition
Funds would be allocated to the Town of Hillsborough to acquire and renovate a dwelling unit in the
Fairview community to resale to a first-time homebuyer earning less than 80% of area median income.
(Requested amount: $100,000) $100,000
Funds would be allocated to the Chrysalis Foundation to acquire property for a permanent supportive
housing project that would provide housing for chronically homeless individuals and families.
(Requested amount: $200,000) $100,000
Funds would be allocated to Orange Community Housing and Land Trust to acquire, demolish, or
renovate (if necessary and appropriate) housing in the Northside neighborhood in Chapel Hill.
(Requested amount: $100,000) $100,000
.
Homeowner Assistance
Funds would be allocated to Habitat for Humanity to provide four (4) deferred second mortgages to first-
time homebuyers with incomes below 80% of median income in the Richmond Hills subdivision.
(Requested amount: $80,000) $80,000
Funds would be allocated to Orange Community Housing and Land Trust to provide down-payment
assistance for up to three newly constructed townhomes in the Pacifica development in Carrboro. The
dwelling units will be developed by the private sector, and then placed in the Land Trust. Eligible
families would be first-time homebuyers with incomes below 80% of median income.
(Requested amount: $15,000) $15,000
Funds would be allocated to EmPOWERment to provide second mortgages to three (3) first-time
homebuyers earning less than 80% of the area median income to buyers of the planned new
condominiums on Davie Road in Chapel Hill.
(Requested amount: $75,000) $75,000
Funds would be allocated to Orange County to serve as match funds for a FY 2005 Individual
Development Account (IDA) Program that will serve first-time homebuyers below 80% of area median
Income.
$25,000
.
Operational Support .
Funds would be allocated to Orange Community Housing and Land Trust as a Community Housing
Development Organization for administrative expenses.
(Requested amount: $15,000) $15,000
New Construction
Funds would be allocated to Habitat for Humanity to provide funding for pre-development costs related
to the development of a l7-acre vacant tract of land on Sunrise Road in Chapel Hill.
(Requested amount: $70,000) $70,000
101 East Orange Street · Po. Box 429 · Hillsborough, North Carolina 27278
919-732-1270 · Fax 919-644-2390
.
.
.
131
Funds would be allocated to Habitat for Humanity to provide funding for infrastructure development of
Phase II of the Rusch Hollow project located on Rusch Road in Chapel Hill. Habitat plans to build at
least 12 dwelling units for sale to first-time homebuyers earning less than 60% of the area median
Income.
(Requested amount: $200,000) $100,000
Funds would be allocated to InterFaith Council for Social Service for pre-development costs related to
development of a Residential Center for homeless men. The Center would offer emergency and longer
term housing and provide services for homeless citizens.
(Requested amount: $250,000) $75,000
Rental Assistance
Funds would be provided for short-term rental assistance for tenants of cooperative housing in the
County operated by Weaver Community Housing Association. The program will operate in a similar
manner to the Section 8 Program and provide rental subsidies for a period of two years to families at or
below 50% of the area median income.
(Requested amount: $26,000) $26,000
Funds would be provided for rental assistance for approximately 5 - 10 low-income families leasing
standard property in Orange County. The program will operate in a similar manner to the Section 8
Program and provide rental subsidies for a period of two years to families at or below 50% of the area
median income. This is an extension of the program begun in the 2004-2005 program year.
$127,102
Program Administration
$ 70,794
TOTAL HOME PROGRAM FUNDS
$978,896
BE IT FURTHER RESOLVED, that the Manager is hereby designated as the authorized
representative of the County to act in connection with the submission of this plan and to provide such
additional information as may be required by the U.S. Department of Housing and Urban Development.
This the 9th day of May 2005.
",'1111/""
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Attest:
.
.
.
132
THIS AGREEMENT, made and entered into by and between
NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation, hereinafter styled
"Railway;"
TOWN OF HILLSBOROUGH, a North Carolina government entity, hereinafter styled
"Permittee"; and
NORTH CAROLINA RAILROAD COMPANY, a North Carolina corporation, hereinafter
styled "NCRR";
WIT N E SSE T H: THAT
WHEREAS, Permittee, at its own cost and expense, is constructing, reconstructing, widening or
otherwise changing or improving a public pedestrian trail, hereinafter called "Hillsborough River Walk
Trail," upon, along and across, at grade, the right of way or property and track (whether more than one
track) ofNCRR, operated by Railway, crossing underneath the right of way or property and under
NCRR's existing East Eno River Bridge at Milepost H-40.97, at or near HILLSBOROUGH, Orange
County, North Carolina, located substantially as shown upon print of Drawing marked Exhibit A, dated
October 29,2004, attached hereto and made a part of this Agreement; and
WHEREAS, Permittee has requested Railway to perfonn certain work in connection with the
construction and/or improvement of the "Hillsborough River Walk Trail", all of which Railway is willing
to do, but upon the terms and conditions hereinafter expressed and contained;
NOW THEREFORE, the PARTIES HERETO agree as follows:
I. Railway and NCRR, to the extent that its title enables it so to do, and without warranty,
hereby grants unto Permittee the right to construct and/or improve and use the Hillsborough River Walk
Trail, upon, along and across, at grade, the right of way or property and track (whether more than one
track) of Railway, at the aforedescribed location; RESERVING, however, unto Railway the right to
continue to maintain, repair, renew and operate its railway and appurtenances across the Hillsborough
River Walk Trail, and to construct such additional tracks and other railway facilities across the
Hillsborough River Walk Trail, and to maintain, repair, renew and operate the same as in the judgment of
Railway may be requisite; it being understood that ifNCRR elects or is required to construct any
additional tracks or other structures or facilities thereon and shall find it necessary to disturb the
Hillsborough River Walk Trail or any portion of the highway located within the limits of said right of
way in so doing, Permittee will, at Pennittee's own cost and expense, upon notice in writing so to do
served upon it by Railway, make such changes in the Hillsborough River Walk Trail or in said highway
as may be necessary to accommodate the work of NCRR.
2. (a) Permittee will, at Permittee's expense, construct, maintain and remove the
Hillsborough River Walk Trail in such manner that the same shall not interfere with the use made or to be
made of said property by Railway for any purpose and in accordance with plans and specifications
approved by Railway. Pennittee agrees that the HilIsborough River Walk Trail, or any work to be done
by Pennittee hereunder, shall not interfere with the safe and proper operation and maintenance of said
.
.
.
133
railroad, or the track, structures or appurtenances upon said property, or the proper drainage of property of
Railway. Permittee agrees to promptly protect, close, remove, or relocate the Hillsborough River Walk
Trail as necessary to allow maintenance by Railway during periods of heavy maintenance of Railway's
track at this location.
(b) Permittee will be responsible for repairing any erosion or scour to the fill slope
caused by any stream flow changes that result from construction or maintenance of the Trail. Licensee
agrees to promptly protect, close, remove, or relocate the Trail as necessary to allow maintenance by
Railway during periods of heavy maintenance of Railway's bridge or track at this location.
3. Permittee will pay to Railway, promptly upon bill rendered therefor, the actual cost of all
work performed by Railway in connection with the construction and/or improvement ofthe Hillsborough
River Walk Trail, including but not limited to the expenditures herein expressly described. The cost of
said work to be performed by Railway in connection with the Hillsborough River Walk Trail has been
estimated to be $11,752.00, said estimate being attached hereto as Exhibit B, dated January 21,2005, and
made a part hereof.
4. Permittee hereby agrees that if Railway shall desire to make any changes in its track,
structures, roadbed, or other installations at the location of the Hillsborough River Walk Trail, or make
any changes whatsoever in, to, upon, over or under the premises owned, controlled or leased by the
Railway, and crossed or in any way affected by the Hillsborough River Walk Trail, then Permittee shall,
at Permittee's expense, within forty-five (45) days of receipt of notice in writing to that effect from the
Railway, make such changes in the location and/or construction of the Hillsborough River Walk Trail
(including removal) deemed necessary by Railway to accommodate any future construction,
improvements and/or changes of the Railway.
5. (a) To the extent permitted by the laws of North Carolina, Permittee agrees to indemnify
and hold Railway, and any other corporation controlling, controlled by or under common control with
Railway, harmless from and against all loss, damage, liability or expense arising from injury or loss of
life to any person or damage to any property while Permittee is engaged in the work of constructing,
improving, maintaining, repairing, removing, or relocating the Hillsborough River Walk Trail across the
property and track of Railway as hereinabove provided.
(b) During the period of construction and/or improvement, or any period of maintenance,
repair, renewal, removal or relocation of the Hillsborough River Walk Trail, Permittee and its
contractor, if it employs one, shall procure and maintain, at their expense, in a form and with a
company satisfactory to Railway, a policy of Commercial General Liability Insurance. Said policy shall
have a minimum limit of not less than a combined single limit of $2,000,000 per occurrence for all loss,
damage, cost and expense, including attorneys' fees, arising out of bodily injury liability and property
damage liability during the policy period. In addition, said policy shall be endorsed to name Railway as
an additional insured and shall include a severability of interests provisio.n. A certificate of insurance
certifying the existence of such insurance shall be furnished to Railway. This certificate shall state that
the insurance coverage will not be suspended, voided, canceled, or reduced in coverage or limits without
(30) days advance written notice to Railway.
2
.
.
.
134'
(c) In addition, Permittee or its contractor, if it employs one, shall procure, at its expense,
and furnish to Railway a Railroad Protective Liability Insurance policy naming the Railway as the named
insured. Said policy shall have minimum limits of not less than a combined single limit of $2,000,000
each occurrence and $6,000,000 in the aggregate for bodily injury and property damage liability, and
physical damage to property. Said policy shall be underwritten by a company satisfactory to Railway on
Insurance Services Offices Form No. CG 00 35 1001. The original Railroad Protective Liability
Insurance Policy shall be furnished to Railway.
(d) Evidence of such insurance (Certificate of Insurance for the Commercial General
Liability Insurance and the original Railroad Protective Liability Insurance Policy) must be furnished to
and approved by the Director Risk Management, Norfolk Southern Corporation, Three Commercial
Place, Norfolk, Virginia 23510-2191, prior to occupancy of Railway's property or commencement of
construction, improvement, maintenance, repair, removal or relocation on Railway's premises.
6. It is agreed that Railway shall be exempt from any and all charges or assessments of any
kind or character on account of the location, construction and/or improvement or maintenance of the
HilIsborough River Walk Trail within the limits of the right of way or property of Railway, or on account
of any other thing done or omitted to be done by Permittee in connection therewith.
7. Should the use ofihe Hillsborough River Walk Trail be abandoned, then all rights hereby
granted to Permittee shall thereupon cease and terminate and Permittee will, at its sole cost and in a
manner satisfactory to Railway, remove the portion of the Hillsborough River Walk Trail located within
the limits of said right of way or property of Railway, and restore Railway's property to the condition
existing prior to the construction and/or improvement or location of the Hillsborough River Walk Trail
within the limits of said right of way provided Railway, at its option, may elect to remove the Pedestrian
Trail proper within said right of way and restore its property, and Permittee will, in such event, upon bill
rendered therefor, pay unto Railway, the entire cost incurred by it in such removal and restoration.
8. The word "Railway" as used herein shall include any other company whose property at
the aforesaid location may be leased or operated by Railway. Said term also shall include Railway's
officers, agents and employees, and any parent company, subsidiary or affiliate of Railway and their
officers, agents and employees.
9. Either party hereto may terminate this Agreement at any time hereafter by serving upon
the other ninety (90) days' written notice of election so to do. If Permittee shall violate any of its
covenants herein, Railway may terminate this Agreement forthwith by written notice to Permittee of its
election so to do. At or before the expiration of the time limited by any notice to Permittee of Railway's
election to terminate this Agreement, Permittee will discontinue use of the Hillsborough River Walk Trail
and will restore said right of way or property to the condition existing prior to the construction of the
Hillsborough River Walk Trail thereupon; or, in default thereof, Railway may, in addition to any other
legal remedy it may have, close and remove the Hillsborough River Walk Trail and restore the condition
of said right of way or property at the sole cost and expense of Permittee.
10.
This Agreement shall take effect as of the _ day of
,20_.
3
.
.
.
135
II. The terms set forth in the attached Exhibit C, consisting of two pages and titled
"Agreement and Consent of North Carolina Railroad Company," are incorporated into this Agreement as
if set forth verbatim herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate, each
part being an original, as ofthe~ day of 17)1, ,20%
Witness: NORFOLK SOUTHERN RAILWAY COMPANY
By:
As to Railway
General Manager
Witness:
TOWN OF HILLSBOROUGH
~~~
BY~~
Title: . 'L. ~f~r.f",v
Witness:
NORTH CAROLINA RAILROAD COMPANY
By
Title:
As to NCRR
nks\Activity No. I 075879\Imanage #281 842v4\Revised 4-7-05
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FORCE ACCOUNT ESTIMATE
Work to be Performed By:
For the Account of:
Project Description:
Location:
Project No.:
Milepost:
Date:
File:
Norfolk Southern Railway Company
Town of Hillsborough, NC
Pedestrian Trail Under E. Eno River Bridge
Hillsborough, NC
o
H-40.97
January 28, 2005
117-10067 PND
SUMMARY
ITEM A - Preliminarv EOl!ioeeriol!
(Review plans and special provisions,
prepare estimates, etc.)
Labor:
10 Hours @ $50 / hour=
ITEM A - Preliminary Engineering
500
500
500
10,252
0
0
0
$ 11,752
.
ITEM B - Construction Engineering
ITEM C - Accounting
ITEM D - Flagging Services
ITEM E - Communications Changes
ITEM F - Signal & Electrical Changes
ITEM G - Track Work
GRAND TOTAL
Travel Expenses:
Services by Contract Engineer
NET TOTAL - ITEM A
$
Page 1
500
o
o
500
J37
EIH,s,r B
.
.
.
ITEM B - Construction Enl!ineerinl!
(Coordinate Railway construction activities,
review contractor submittals, etc.)
Labor:
10 Hours @ $50 / hour=
Travel Expenses:
Services by Contract Engineer
NET TOTAL - ITEM B
ITEM C - Accountinl!
(Prepare Billing)
Labor:
10 Hours @ $50 / hour=
NET TOTAL - ITEM C
ITEM D - Flal!l!inl! Services
(During construction adjacent to,
over or under track.)
Labor:
B&B Flagging Foreman
22 days @ 416.00 per day=
(based on working 10 hours/day)
Travel Expenses, Meals & Lodging:
22 days @ $50/day=
NET TOTAL - ITEM D
ITEM E - Communications Chanl!es
Material:
Labor:
Equipment:
(see attached summary)
(see attached summary)
(see attached summary)
138
$
500
o
o
500
$
500
500
9,152
$
1,100
10,252
o
o
o
NET TOTAL - ITEM E
$
ITEM F- Sh?:nal & Electrical Chaol!es
Material:
Labor:
Equipment:
(see attached summary)
(see attached summary)
(see attached summary)
NET TOTAL - ITEM F
o
o
o
Page 2
$
~\
.
.
.
139
ITEM G - Track Work
Material:
Labor:
Equipment:
(see attached summary)
(see attached summary)
(see attached summary)
o
o
o
NET TOTAL - ITEM G
$
NOTES
I. For all groups of CONTRACT employees, the composite labor
surcharge rate used in this estimate (excluding insurance)
is 62.31 %. Self insurance - Public Liability Property
. Damage is estimated at 16.00%. Work will be billed at
actual current audited rate in effect at the time the
services are performed.
2. For all groups of NON-CONTRACT employees, the composite
labor surcharge rate used in this estimate (excluding
insurance is 59.67%. Self Insurance - Public Liability
Property Damage is estimated at 16.00%. Work will be billed
at actual current audited rate in effect at the time the
services are.performed.
3. All applicable salvage items due the Department will be
made available to it at the iobsite tor its disposal.
Page 3
,
,,'
.
.
.
If)
EXHmIT C
AGREEMENT AND CONSENT OF NORTH CAROLINA
RAILROAD COMPANY
WHEREAS, NCRR, Pennittee, and Railway desire to enter into the attached Agreement
regarding the property described therein (the "Premises").
NOW THEREFORE, in consideration of the above recitals and the promises and agreements
contained herein, as well as for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, NCRR, Railway, and Permittee agree as follows:
1. NCRR gives its consent to the Agreement pursuant to the terms and conditions of this Consent.
All of the terms of th is Consent are hereby incorporated by reference into the Agreement. The
tenn "NCRR" as used in this Agreement and Consent and as used in the Agreement shall include
NCRR's officers, agents and employees, and any parent company, subsidiary or affiliate of
NCRR and their officers, agents and employees.
2. The parties agree and understand that any right or claim of Railway held in or by virtue of the
Agreement shall also inure to the benefit of, and be enforceable by NCRR or by any successor or
assignee of Railway or NCRR, and NCRR shall not be responsible for any obligations, duties or
indemnities of Railway to Pennittee under the Agreement. NCRR reserves any pre-existing
rights, claims and defenses against Railway and Pennittee and said rights, claims and defenses
shall not be waived or limited in any way by the Agreement.
3.
Pennittee understands that NCRR makes no warranties or representations regarding the condition
of or title to the Premises. Pennittee takes the Premises "AS IS" and expressly waives any and all
claims against NCRR relating to or arising from the condition of or title to the Premises and the
property surrounding the Premises, including without limitation, any claims and costs relating to
environmental contamination under any applicable laws (such as, without limitation, those which
might arise under CERCLA, RCRA, and the North Carolina Oil Pollution and Hazardous
Substances Act).
4. Without the written consent of NCRR, (i) neither the Agreement nor this Consent may be
assigned in whole or in part by Railway or Permittee; (ii) Pennittee shall not enter into any
sublicense or sublease of the Premises; and (iii) the Agreement shall not be amended by Railway
or Permittee. No consent by NCRR to any sublease, sublicense, assignment, or amendment of the
Agreement shall be construed to be consent to any further sublease, sublicense, assignment, or
amendment of the Agreement.
5. '
In consideration of the rights granted by NCRR to Pennittee by this Consent, Pennittee agrees to
indemnify and hold NCRR harmless to the same extent as Railway is indemnified and held
hannless pursuant to the Agreement. In addition, without limiting the indemnities provided in the
Agreement, Permittee specifically shall indemnify and hold harmless NCRR from and against
any and all attorney's fees, costs, expenses, liabilities, injuries, claims (including third party
claims and any claims under any environmental laws and regulations such as CERCLA, RCRA,
and the North Carolina Oil Pollution and Hazardous Substances Control Act) and damages
arising from or related to (1) the Agreement; (2) any acts or omissions by Pennittee at or near the
Premises, (3) Pennittee's violations of environmental laws and regulations, and (4) environmental
contamination caused by Pennittee. For purposes of this paragraph, the tenn Permittee shall
mean its officers, employees, agents, contractors, guests or invitees.
.
.
.
J41
6.
NCRR must be given at least thirty (30) days notice prior to the anticipated placement of any
equipment, structure, facility, fixture, or other improvement on the Premises other than those
permitted by the Agreement and approval of NCRR must be given before such placement is
undertaken.
7. Railway and NCRR agree that, by entering into this Consent, (i) NCRR is not making any
admission regarding any matter between NCRR and Railway; (ii) Railway is not making any
admission regarding any matter between NCRR and Railway; (iii) NCRR is not waiving any
claim or defense against Railway or any affiliate of Railway; (iv) Railway is not waiving any
claim or defense against NCRR; (v) NCRR does not waive or prejudice any position, claim or
defense with regard to any legal or administrative proceedings in which Railway or its affiliates
and NCRR are currently involved or may become involved, including but not limited to any claim
or defense with respect to any leasehold rights, environmental obligation or liability, possessory
rights, or holdover or non-holdover status of Railway; and (vi) Railway does not waive or
prejudice any position, claim or defense with regard to any legal or administrative proceedings in
which Railway or its affiliates and NCRR are currently involved or may be involved, including
but not limited to any claim or defense with respect to any leasehold rights, environmental
obligation or liability, possessory rights, or holdover or non-holdover status of Railway.
8. Permittee acknowledges that NCRR has not made any inspection of the Premises and that the
Premises are located at or near active or inactive railroad facilities, structures, or related property.
9.
No work of any character shall be started on the property until Certificates ofInsurance,
specifying that the policies applicable to the particular work have been furnished and accepted by
Company as evidence that Licensee, Contractor, and Subcontractor maintain the following
Insurance coverages:
(a) Comprehensive General Liability Insurance having a combined single limit of not less than
$2,000,000 per occurrence for all loss, damage, cost and expense, including attorney's fees,
arising out of bodily injury, liability and property damage liability during the policy period. Such
policy shall be endorsed to name Company as an additional insured and shall include a
severability of interests provision. In addition, Licensee's policy shall be endorsed to reflect
Contractual Liability Insurance specifically relating to the indemnity provisions of this agreement.
Any exclusion for construction or demolition activities (including installing wells or bore holes,
but not for work done by means of a hand augur) conducted within 50 feet of railroad tracks shall
be deleted from Licensee's policy.
(b) In the event Licensee cannot obtain contractual liability insurance to cover the obligations
assumed under this Agreement, Licensee or its contractor shall procure and furnish to Company a
Railroad Protective Liability Insurance Policy having a combined single limit of $2,000,000 per
occurrence and $6,000,000 aggregate. Said policy shall name Company as the named insured.
(c) Workers Compensation Insurance in satisfaction of statutory requirements of the state where
the property covered by this agreement is located. Also, Employers' Liability Insurance having
limits of not less than $500,000 each accident, $500,000 per disease-policy limit, and $500,000
per disease - each employee.
(d) Automobile Liability Insurance having a combined single limit of not less than $500,000 per
occurrence. Said policy shall name Company as an additional insured and shall include a
severability of interests provision.
2
142
.
(e) The insurance required herein shall be of such form and content as may be acceptable to
Company. Evidence of such insurance (a certificate of insurance for the general liability
insurance policy and the original policy of Railroad Protective Liability Insurance) must be
furnished to Company and approved by Company prior to Licensee's entry on the Premises.
Such certificate of insurance shall include the NCRR File No., as shown on the top of the first
page of this License, in the "Certificate Holder" section of the insurance certificate. Failure to
adequately identify the insurance certificate as related to this License, and the return of the
insurance certificate by Company to Licensee, will demonstrate that Licensee has not satisfied the
Licensee's requirements under this Article and will constitute a default under this License. The
insurance required herein shall not limit the liability assumed by Licensee under the Consent or
the Agreement.
.
.
3
Town
of
tflill~
143
BUDGET AMENDMENTS
Mav. 2005
GENERAL FUND
BEFORE
ADJ.
AFTER
1. Expenditure
10-5100-021 Police Admin/Personnel Additions
10-5130-021 Police COPS/Personnel Additions
$
$ 45,600
$ 45.600
$ 45,600
$ (45,600)
$
$ 45,600
$
$ 45.600
To transfer the Accreditation Management Analyst position, which was budgeted in department 5130, to
department actually expensed
. 2. Revenue
10-3350-100 Misc.- Confiscation %age $ $ 512 $ 512
Expenditure
10-5100-571 Police Admin/Misc.Drug Money % $ 1.409 $ 512 $ 1.921
To fund receipt of Substance Abuse Taxes and Restitution payment
3. Expenditure
10-5600-731 Capitallmprov./Bridge Repair
10-9990-000 Contingency
$ 199,349
$ 82,600
$ 281 949
$ 15,735
$ (15,735)
$
$ 215,084
$ 66,865
$ 281.949
To fund additional bridge repair as approved by the Board on 9/27/04 and 11/08/04 for $5,300 and $10,435
respectively
4. Expenditure
10-4100-040 Governing Body/Auditor Fee
10-9990-000 Contingency
$ 28,000
$ 66,865
$ 94 865
$ 9,377
$ (9,377)
$
$ 37,377
$ 57.488
$ 94.865
To fund additional auditor fees resulting from GASB34 compliance, specifically for correcting and obtaining proper
capital asset data
.
137 North Churton Street · PO. Box 429 · Hillsborough, North Carolina 27278
919-732-2104 · Fax 919-732-1028
IC/tf
.
5. Expenditure
10-5110-336 Police Patrol/Non-Capital Outlay
10-5110-741 Police Patrol/Capital-Tachographs
$
$
$
5,600
(5.600)
$
$
$
5600
5.600
5600
$
$
$
5,600
To establish and transfer non-capital expenditures to proper account. Two Tachographs were purchased for less
than 5K each (less than our capitalization threshold)
5.5 Revenue
10-3610-100 GranVCemetery Stream Rest. $ 10.474 $ 5.223 $ 15.697
Expenditure
10-6400-571 Cemetery/Stream Restoration $ 10.474 $ 5.223 $ 15 697
To fund receipt of partial Water Resources Development Grant for the cemetery stream restoration project
WATER FUND
6. ExpendItures
30-7240-336 Billing & Coli/Non-Capital Outlay $ $ 1,000 $ 1,000
30-7240-740 Capital/Equipment $ 1.000 $ (1.000) $
$ 1 000 $ $ 1.000
To establish and move capital expenditures to non-capital outlay as budget is below 5K threshold
. CEDAR GROVE PROJECT
7. Revenue
60-3290-100 Interest Earned $568811 $ 2.070 $ 570.881
Expenditure
60-8100-570 Miscellaneous Contingency $ 348.811 $ 2.070 $ 350 881
To fund interest earned through April 30, 2005
CATES CREEK
8. Revenue
61-3290-000 Interest Earned $ 31 359 $ 1 317 $ 32 676
Expenditure
61-8280-570 Miscellaneous $ 156359 $ 1.317 $ 157 676
To fund interest earned through April 30, 2005
WATER PLANT PROJECT
9. Revenue
63-3290-000 Interest Earned $ 6903 $ 1.993 $ 8896
.' Expenditure
63-8120-570 Miscellaneous/Contingency $ 310.085 $ 1.993 $ 312.078
145
.
To fund interest earned through April 30, 2005
CAPITAL RESERVE
10. Expenditure
70-6900-730 Capita/Improvement-Water
70-6900-731 Capital Improvement-Sewer
$ 788,911
$
$ 788,911
$ (429,029)
$ 429.029
$
$ 359,882
$ 429.029
$ 788,911
To separate and establish a separate capital improvement expense line for excess sewer capital facility fees
11. Revenue
70-3290-000 Interest Earned $ 55 261 $ 4.770 $ 60 031
Expenditure
70-6900-730 Capital Improvement-Water $ 359,882 $ 2,194 $ 362,076
70-6900-731-Capitallmprovement-Sewer $ 429.029 $ 2,576 $ 431 ,605
$ 788 911 $ 4.770 $ 793.681
To fund interest earned th~ough April 30, 2005
e
APPROVED: .f-1J
I'7f)
1)S"-()9'" 0.5
VERIFIED: ~~
. D nna F. Armibrister, Town Clerk
e.
.
.
.
146
TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS
RESOLUTION GRANTING A SPECIAL USE PERMIT SUBJECT TO
SPECIAL CONDITIONS AFFECTING ACRES OF LAND IDENTIFIED AS PART OF
4.45..4C AND PIN 9873-59-4782
WHEREAS, the Town of Hillsborough Board of Commissioners has received an
application from Goodwill Community Foundation for a Special Use Permit to allow the
development of 2.05 acres of land located on the north side of Hampton Pointe Blvd, being the
parcel 4.45..4C and PIN 9873-59-4782; and
WHEREAS, the Town of Hillsborough Planning Board and the Board of Commissioners
conducted a joint public hearing to consider the application on October 26, 2004 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 Town of Hillsborough Board of
Commissioners, on motion of (tGf'\1M11)610tJ e.~ 1::J.A.wc,.V seconded by
CfJ;.~~ , this 9th day of May 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 October 26, 2004 public hearing;
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 ofthe 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 of the Zoning Ordinance.
.
.
.
14,7
The foregoing Resolution was put to a vote of the Town of Hills borough Board of
Commissioners, the results of which vote are as follows:
Ayes: 6"
Noes: ~
Absent or Excused: 0-
Dated:
1)6- tJ' -oS-
L.d~-a7:&'
Donna Armbrister, Town Clerk
Exhibit 2
1. The approval is based on the application materials dated September 20, 2004 and
the revised site plans dated April 26, 2005.
.
.
.
148
Turnip PatCh Park
Mission: To DEVELOP A PARK GEARED TOWARDS 1-5 YEAR OLD CHILDREN
AND WITHIN WALKING DISTANCE OF PARENTS AND CARE GIVERS WITHIN THE
HISTORIC DISTRICT. IT IS OUR GOAL THAT THE PARK WILL PROMOTE A SENSE
OF COMMUNITY FOR PARENTS AND GRANDPARENTS OF TODDLERS AND ADD
VALUE TO LIVING WITHIN THE HISTORIC DISTRICT AS WELL AS BE A
REFLECTION OF HILLSBOROUGH AS A DIVERSE COMMUNITY.
StYle: THE PARK WILL INCLUDE A PLAY AREA OR TOT LOT WITH PLAY
STRUCTURES. SAND BOX. ACTIVE STREAM. AND GREEN SPACE WITH
GARDENS AND INFANT FRIENDLY DONORS GAZEBO.
funding: THE TOWN OF HILLSBOROUGH OWNS AND IS PERMITTING THE
USE AS A PARK OF THE L SHAPED LOT THAT RUNS FROM WEST KING ST. TO
WEST MARGARET LANE AND IS BORDERED BY OCCONEECHEE. THE TOWN
OF HILLSBOROUGH HAS COMMITTED TO THE MAINTENANCE OF THE
PROPERTY ONCE THE PLAYGROUND IS CONSTRUCTED BUT THE FUNDS TO
DEVELOP THE PARK AND MAINTAIN ITS EQUIPMENT WILL BE RAISED BY A
GROUP OF COMMUNITY VOLUNTEERS. FUND RAISING WILL BEGIN ONCE A
PARK PLAN IS APPROVED BY THE TOWN COUNCIL.
Overview: THE PARK WILL BE A WALKING PARK WITH ITS MAIN ENTRANCE
ON MARGARET LANE. THE CURRENT PLANS CALL FOR LIMITED GRADING
AND UTILIZATION OF THE EXISTING NATURAL TERRAIN. A WOODEN PICKET
FENCE WILL BE INSTALLED AT THE BOUNDARY OF THE TURNIP PATCH PARK
AND WILLIAMS'S PROPERTY ON MARGARET LANE. A SIMILAR PICKET FENCE
CURRENTLY SEPARATES THE TURNIP PATCH PARK FROM THE DUBLIN LAND
COMPANY PROPERTY. WE WILL RELY ON THE NATURAL STEEP TERRAIN AS
BARRIERS ON THE MARGARET. OCCONEECHE AND KING ST SIDES.
THERE WILL BE NO TRASH CANS AND WE WILL ENCOURAGE PARK
PARTICIPANTS TO "PACK IT IN AND PACK IT OUT".
SURFACING FOR THE PLAY AREA WILL BE A) ENGINEERED RUBBER
SURFACING IF ENOUGH MONEY IS RAISED OR B) MULCH
ENHANCEMENT OF CURRENT CREEK BED: THE COMMUNITY SCHOOLS
PROJECT HAS DONATED NATIVE RIVER ROCK TO BE PLACED ALONG THE
CREEK EDGE TO CLEARLY DEFINE THE CREEK.
1
.
.
.
1.'49
TOUCH AND SMELL GARDEN: THE HILLSBOROUGH GARDEN CLUB HAS
COMMITIED TO INSTALLING AND MAINTAINING A TODDLER FRIENDLY
GARDEN OF NATIVE PLANTS. A PLANT LIST AND NARRATIVE IS INCLUDED.
GAZEBO WILL INCLUDE INFANT FRIENDLY PLAY PANELS AS WELL AS
SEATING FOR CHILDREN AND ADULTS
TURNIP PATCH PARK IS A REGISTERED NON PROFIT AND DONATIONS TO THE
PARK ARE TAX DEDUCTIBLE: ITS BOARD OF DIRECTORS CURRENTLY
CONSISTS OF FOUR HILLSBOROUGH RESIDENTS:
MORGAN HOWELL MOYLAN, PRESIDENT
CINDY PACCHIANA, VICE PRESIDENT
ELIZABETH HAYS, SECRETARY
PENNY AUSTEN. TREASURER
TUne, Talent and Casl1: THE TURNIP PATCH PARK WILL RELY ON
COMMUNITY VOLUNTEERS FOR ALL ASPECTS OF ITS DEVELOPMENT. FOR
INFORMATION ON HOW YOU CAN HELP. CONTACT MORGAN HOWELL
MOYLAN AT MOMOYLAN@SPORTSENDEAVORS.COM OR 644-7088.
MANY THANKS TO THE FOLLOWING WHO HAVE ALREADY DONATED THEIR
TIME FOR THIS WORTHY PROJECT:
SERVICES TO REGISTER TURNIP PATCH PARK WITH THE NORTH CAROLINA
SECRETARY OF STATE WERE DONATED BY HILLSBOROUGH ATIORNEY
DOUG HARGRAVE.
BB&T HAS WAIVED ALL SERVICE FEES AND MAINTAINS A CHECKING
ACCOUNT FOR TURNIP PATCH PARK. INC.
CONCEPT DESIGN WORK WAS DONATED BY NATHAN ISLEY OF ISLEY.
DELuCA ARCHITECTS.
LAND SURVEY WAS DONATED BY ALOIS CALLEMYN.
CHARLIE BURGER HAS DONATED HIS SKILLS AS A
PLAYGROUND/LANDSCAPE DESIGNER.
ROGER ORSTEAD VIA A COMMUNITY IN SCHOOLS GRANT HAS DONATED
RIVER ROCK TO LINE THE CREEK BED.
DEL HERMANN. QUEEN ST. RESIDENT AND FORMER TEACHER. HAS DONATED
HIS TIME TO CLEAR DEBRIS FROM THE LOT.
2
04/27/2005 23:47
7047990527
I
NEWMAN INS
PAGE 01
150'
[tIll
. ERIE INSURANCE GROUP
ti1 '00 '" ,~,,~. _0' '^'." """
tlf>.ME AND ADDRESS OF AGEIICY
NEWMAN INSURANCE ASSOC., INC.
231 WEST PLAZA DRIVE
MOORESVILLE, NC 28117"8063
CERTIFICATE OF INSURANCE
_ THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY -
AteIT'S No.'~'::"c':h'te r~~~~~rEopA s'ur a n ~ e
112096 Co.: 0 ERIE INSURANCE PROPER1Y & CASUALTY COMPANY
.: ERIE INSWANCE EXCHANGE EI1ll~~ Atlllm.y-ln'F~~
&o.:G merican Hom~ Assur...aae-
This certificate Is Issued for Informatlon purposes only. It does not
list, amend, extend. 01 otherwise aller the terms and conditions of
tlP-MEI\ND MflJLlN3AOOOESS OF INSURED inaurance CDV9rage contained In the POlicy(les) indicated b~low
Legacy Play Equipment. Inc. Issuod by The ERIE. The telmS and conditions of the Policy{los)
4351 Main Street goveln the Insurence c(J\Ierage as applied to any given situatIon,
. Any party can request a policy anti/or Oeclaratlon by as\(lng the
SUIte 213 Insured ortheAgent. Limits shown mey have beon reducad by claims
Harrisburg, NC 28075 paid. .
This IS to c th~ as In cated b the Po i Number billow afllln force 'Of the amlld InSU1'8ll at e Ume t at the [illrtJllcate s blllllg . ssued.
,.' ,'3Jmi!:Oi1NSllliAllriE";;':" ,;:;;:y..-:~.i':Pbli~':NIlMil'Ei;;:n ',]:':':.',: ,::, . :i,,' ~~In :: ;!.(:~-:.':;,hi.::.;ii;'.:::n:jV~~<'.;/~ .;::tIMi~s:;;/~:'::'.';/:: ';,",', . I
liENERALUABIUTY ,.,'..,, .,',..." ' . ';~:!:a'~~;b'WJiii4ENd~":.$ 1 000.000 .,; ,
[ZJ COMMERCtA1.GENERAlLIABIUTY CLP 6273118 2/4/05 2/4/06 'tiREi[i~AGEi';;;i'O:~~:i:ii~ $ I 000.000
o CUlMS MADE \XI OCCUR;:~rEjj:e*~' "~<6~'~~~iii'~: 5 000
C 0 :~tiii;'diiAi::&:AriQ;jNJi:iiri" $ 1 000 000
-- :i)iiw~AAt;:X~'l'E::if' s 2 000,000
'. ~UGGJ\EGATE UMrr APPUES PER::p~o'rlVCiscdOMPIOii~C't S 2,000,000
if,; rxJ =MS:L~=IU~ I.OC< :'.
o "ANY AUTO. t@'~~~'
DOWNED
o HIRED
o NOH-oWNED
o GARAGE
EXCJ:SS L1ABIUTY
o oCCURREIICE
DATE (MMlDD/YYJ
4/28/05
o REltNTION $
$
/','
~:: .!:::~'~d~;;:' >;;.: ~~:.;; ,;:.;, .:.:~;~i:;1.~~i.: $
,',;.
..,,:',
;i:l~,;
.~;:.::
W,O
~::;~
:.} :.~. .;.~~;~;: ,,:":,';;;:~]:::.
WORKERS COMPENSATION &
EMPLOYERS LIABILITY
.~(~:~.;:\ttATUf.OR1.:~:?:;:,'i: :::;: '/~ i:, ':~:~ ':.\"1:,:: ';';,::: ~!~:;?j&.H~i;:(?<);:
006642516
1 /25/05
1/25/06
!jri6ijQ;<
J~i,
ACCIDENT
DISEASE
DISEASE
$
$
$
100,000 EACHACClDENT
500,000 poUCYUMrr
100 000 EACI1 EMPLOYEE
~'I':,
?I)
'...~..
,~\i;;
omER
hf
r~J
,..:.
oESCRIPTION 0 F OPERATI OHSIlOC,o\TIIIKSIV6IIlCLESlEXClUSIONS ADDED 11'1 EllDoRSEMEHT /Sl'!ClAl PROVISlOIiS
CANCELlATION FOR NOIf..PAYMENT, CAUSE OR NAIIIED INSURED'S REQUESll When an ButomobllO policy Is CBf\C9I19cl, written notice will be mailed to \he CertIficate Hold~r. When ~ny of
!ha above descrtbed policies (other ttlGII eutomoblle) liTe cancaUad before l/19 expiration date thereof, Tho ERIE wlllenclaovor to mall wrtttsn notice 10 the Certificala Holder after tho daclslon
to cancel. failure to mall GtIc11 notice aIlaU Impose no obngatioll or lIabmty of any kind upon The ERIE, Its Agents or representatlves.
D CANCELLATlON FOR SPECIAl coNTRACTS: (If the boX Is cl1edled, ~l$ lAlnl11cate Involves a special contract and tha following cancellallon provlslons apply,) When an automobile policy Is
caI1cellad, wrIlt1ln notice will ba mailad to the CerlIfleata Holder. When any Ilflll9llbove descrlbell policies (other than automobile) are ClUlCllUed b!l1ore tile expiration lllIta thereat. The ERIE will endeavor
to mall llays written nQtIca to tne Certlncate JiI~d9r atblr 1I1e decision to cancel FaDure to mail ouch notice shan imposlI no obligation or liability o181lY kind upon The ERIE. Its Agsnts or
rwrllllllnlll1lvcs.
CERTI FleATE HOLDER 0 ADDmOflAlINSUREIl; COMPANY LETTER...-
TURNIP PATCH PARK
219 WEST QUEEN STREET
HILLSBORO, NC 27278
. . , ..~..,. '....,.. ., "lJiH -*" "A"ffitf~;:""''''' ". I ... , "
:::: ';.: :',.:.,::. :.;;" " ~CcnJII;lC' , ; uL.ucn;:;""::) i'. "
~"y~~~'fi~ is 8 certJndate Holder for other polici~~~'IS
Insured. CertIflc;rtes of InsUrance for these other poncJcs will
bll forwarded to you as soon as they lire processed.
REl'REsefJAllVE
BG-623(l t~
'Vuun.
page 1 of1
151
NORTH CAROLINA
Department of The Secretary of State
To all whom these presents shall come, Greetings:
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do
hereby certify the following and hereto attached to be a true copy of
ARTICLES OF INCORPORATION
OF
TURNIP PATCH PARK, INC.
.
the original of which was filed in this office on the 19th day of August, 2003.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal at the
City of Raleigh, this 19th day of August, 2003
.
~~J~
Secretary of State
Document Id: C2003230000S
8
,#
SOSID: 687542
Date Filed: 8/19/200311:33:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C200323000058
.
ARTICLES OF INCORPORATION
OF
TURNIP PATCH PARK, INC.
Pursuant to 9 55A-2-02 of the General Statutes of North Carolina, the undersigned hereby
submits these Articles of Incorporation for the purpose offorming a nonprofit corporation under
the laws of the State of North Carolina.
I. The name of the corporation is Turnip Patch Park. Inc.
2. The corporation is a charitable corporation within the meaning ofN.C.G.S. 955A-l-
40(4).
3. The corporation will have no members.
4. The address of the initial registered office of the corporation in the State of North
Carolina is 219 W.Oueen Street. Hillsborough. NC 27278. Orange County and the
name of its initial registered agent at such address is Morgan Moylan.
5. The street address and mailing address of the principal office of the corporation are:
219 W. OueenStreet. Hillsborough. NC 27278. Orange County.
.
6.
P~ovisions regarding the distribution of the corporation's assets upon its dissolution
are as follows:
In the event of the dissolution of the Corporation, no director or officer shall be entitled
to any distribution or division of its remaining property or its proceeds, and the balance of
all money and other property received by the Corporation from any source, after the
payment of all debts and obligations of the Corporation, shall be disposed of exclusively
for the purposes of the Corporation in such manner or to such organization or
organizations organized and operated for substantially the same purposes as this
Corporation or exclusively for charitable, educational, religious, or scientific purposes as
shall at the time qualify as an exempt organization or organizations under Section
50 I (c)(3) of the Intern":l Revenue Code, as the Board of Directors shall determine.
7.
The name and address of the incorporator are Morgan Moylan. 219 W. Queen Street.
Hillsborough. NC27278.
8.
The purposes for which the Corporation is organized are as follows:
.
a. The Corporation shall have all the powers granted nonprofit corporations under the
laws of North Carolina. Notwithstanding any other provisions of these Articles of
Incorporation, the Corporation shall not carry on any activities not permitted to be
carried on (a) by a corporation exempt from Federal Income Tax under Section
501(c)(3) of the Internal Revenue Code (or the corresponding provision of any
future United States Internal Revenue Law) or (b) by a corporation, contributions
~
.
.
.
"
153
to which are deductible under Section 170( c )(2) of the Internal Revenue Code (or
the corresponding provision of any future United States Internal Revenue Law).
b. No part of the income of the Corporation shall inure to the benefit of any director
or officer of the Corporation or any private person (except that reasonable
compensation may be paid for services rendered to or for the Corporation affecting
one or more of its purposes). No substantial part of the activities of the
Corporation shall be the carrying on of propaganda, or otherwise attempting to
influence legislation, and the Corporation shall not participate in or otherwise
intervene (including the publishing or distribution of statements) in any political
campaign on behalf of any candidate for public office.
9. The number of directors constituting the initial board of directors shall be four; and
the names and addresses the persons who are to serve as the initial directors are:
a. Morgan Moylan, 219 W. Queen Street, Hillsborough, NC 27278.
b. Karen Gilmore, 104 W. Queen Street, Hillsborough, NC 27278.
c. Cindy Pacchiana, 103 E Queen Street, Hillsborough, NC 27278.
d. Laura Kees, 404 W. Queen Street, Hillsborough, NC 27278.
10.
To the fullest extent pennitted by the North Carolina Nonprofit Corporation Act as it
exists or may hereafter be amended, no person who is serving or who has served as a
director of the corporation shall be personally liable for monetary damages for breach
of any duty as a director. No amendment or repeal of this article, nor the adoption of
any other amendment to these Articles of Incorporation inconsistent with this article,
shall eliminate or reduce the protection granted herein with respect to any matter that
occurred prior to such amendment, repeal, or a~option.
II. These articles will become effective at filing.
This the 11 th day of August, 2003.
7!l2:t ""~I mr,V1
Signatur of Incorpora or
Morgan Moylan, ~A
Incorporator's name and ti e ~
O~/21/~OOJ 11:17 FAX 2155100052
Q8-14-' 03..,24: 35 FROM-'.
~
IRS
4nOOll001
T-473 P02/02 U-121
..
1M
F orrn 55-4 Application for Employer Identification Number BN6ff..tl563
(tOOf use by emplo~rs. c:omQf"Ocion:J. partnershIps. tJu!lS, estates, churches,
!Rev, Oeeembi:r 2001) eovernmen~ a9encl~s, Ind an tribal entities, c;ertairl iT1dividlolSls, i1nd othf:r!l.)
~anmem OlIN! Trt~ ~ See separate instructions for each ~ne. . Keep a copy (or your records. OMS NO. 1545-0003
~1'I:lI ~ue S~
1 Legal name Of entity (or Indlvlduel) rOf whom the EIN is being requested
Turnip Patc:h Park. Inc.
>. 2 Trade name or OU$lness or different from name on line 1) 3 Executor. l1ustee, -c.'3re or- name
~
~
U 4a Mailing address (room, apL, SlJito no. a"d street. or P.O. bo>ll Sa Street :Jddress [If different) (Do not en'tar a P.O, bOx,)
! 219 W. Qucen Street
4b City, state, and ZIP code &b CIty, St3te, and ZIP code
l.. HiIIsborough, NC 27278
0
dl 6 Counly and :>tate where prindpal business is located
.~ Orange County, North C:uolin3
...
73 Nama or prfnclpal oftlcer. genetOlI pannI!(. 91'3t'1tOr, owner, or ItuSlcr I 7b SSN, ITIN. or EIN
Morgan Moylan 240-92.5083
lJ13
Sa Type of entity (CheClC 0Il1y one bo~ 0 Estate (SSN or decedenl)
o Sole proprietor (SSN) 0 Plan administrator (SSN)
o Partnership 0 TMt (SSN or grllntor)
o Corpol1ltion (enter form number to be fil9d) ~ 0 National Guard 0 Statcll0C31 gollernment
o Personal SeNlce corp. 0 Farmers' cooperative 0 Federal govemment/military
o ChurCh or dlun:h.contrQlled orgsniz3tion D FlEMlC 0 Indian trlbal governmentsJetlterpriSes
Ita orner nonprofit organization (Spedt"y) ~ Charitable Nonprofit Corp Group uemptiOll Number IGEN) ~
o Other (s ..
Bb Ir iI Ccrpotlltiorl. n3lT1e the SUIte or foreign country State Foreign country
(ir applicable) wtlere incorpornted North Carolina
9 Reason for applying (cJ'lecJc only one box) LI Banking purpose ~peClry purpose) ..
o StartOd I'l0W business (SpeoTy type) .. 0 Changed type of organization (speCify new type) .
o PurchaSed golng buslMSS
o Hired employees IChecic; the bol and see line 12.) 0 Cte<lted a tNst (Specify type) .
o Compliance wII11lRS wit/'lholdlng regulatlo"9 0 created a pension plan (specify type) ..
o Other rs ify) .. Created Nonprofit Carp.
Date bu!Jnes:} 3Ulrted or ecquil"lld rrnontll, aay, year) 11 Closing monU1 or accounting yeer
August 11, 2003 . December
First dale wages or annuirtes were paid or will be paiO (month. day. year). Note: If app{icarTt is a willlhokJlng ~g9nt. enrer C1are income will
first be paid to nonr9Sident bl/(Y). (month, dtJy. year). . . . . ... . . , . ,...
Highest number of employees expected In the next 12 mcntt\s. Nota: If the tJppli~t1l does nOt Other
Gltpecc CO have any employe~ duri'.l9 rhe wiod. enlet ".0...., . . , . , . .. .. 0
Check OM.bOx that best desC:r1be9 the prinCIpal aCtivity of your business.
o Construction 0 ReI1ll11 & leasing 0 Transportation & warehouSing
o Real ~[e 0 Manufacturing 0 Fin:lMce & instxance 0 Oll1et (Specify) Roereatlonal and Educational Servieo!:
rndicate principal ine of merd1andise sold:. speclftc constrUction WOfl( qone: proouru produced; or services provided.
Reereotiooal ~nd Educational Services
Has the applicant ever appl~ fer en employer identification number for this Of any other business? , , , . 0 Yes 0 No
Note: If . Yes. . please complele fines 16b and 16c.
If you checked -Yes" on "roe 16e. give applicant's legal name and trade name shown on prior appllc:aUon If dlrrlU'ent from line 1 or 2'abolle.
Lef.l31 name .. Trade name ..
,
ApproUMte ClOlte wtlen, and cit) and stale Where. the application was tiled. Enter previous employsr identification number if known.
ApprOXimale d3te when filed (mo.. day. year! City Ilfld Slale wl'lete /iled Ptev/OV!l ~N
Complete this section only if you want ro &umOflle rJ\c named illdivlduallo r1lCAliYel/te mtity's fiN and answer questions aDllUll/te COlTlplQtlon of lh~ rOlll1.
Oc$Ignoa':l nalTlll . Oes9'ee's le!e~ rurb:!I' [fIdWe.-eo codej
Markee L. Squire ( 919 17JZ.Z1SG
kldress and ZIP cooe oe5igOee's r31 numblrr rlllcUde area codC\
129 E. Tryon Street ( 919 ) 732.7997
UIIllot POt'alie:; at perj"Y. I detl~ lhsll have eDm'ned I]\lS applicml, Md to me bt51 or rrtt know1odgo W bo~or, II is 1M.. tCJTet\, and c:omplete.
Third
Party
~esrgnee
.
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AppI~nC'& teJep/lone nUrrb8r Vnt~e iill3 COlE)
( 919 ) 644.7088 .
Applicant's 181 number (lnl:ludo eren t~)
( )
Form 55-4 ('Rev. 12.2001)
Datt ..
811'-/ 0 .
IQ~
For PrillClcy Act and PsperwOltc Reduction Act
Cat. No, 16055 N
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.i Turnip Patch Park
~' "Period Scent" Garden
furPosed Plan by Hillsborough Garden Club
1.56
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Purposed Plan'
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eriod Scent Garden
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Goals:
1.0~de fragrant plantings for enjoyment of children and
. iJies to neighborhood park
2. ~: se';native plants in garden area(s)
3. eep costs minimal by obtaining plantings from club
elpber's gardens
,ol\tinue long established and documented Hillsborough
~19.ng plants" - ...."everyone who came to visit brought a
a~den club archives of 1920's)
s~blish low maintenance plantings by following
er~cape gardening principals
4.
practice of "pa
(flower) slip". (,
5.'
Plan: 1.
planners/prom,
2.
materials to ke"
" 3.'
membe.rs on'a ^
4.
laqtings will be located in area(s) suggested by park
ers.
hinting area(s) will be heavily mulched with natural
watering/weeding at a minimum
. l~
" jVork will be done by HilIsborough Garden Club
lunteer basis.
. ."!...
atjve plants to be used will include:
l\fonarda didyma/Bee Balm
Lobelia cardinalis/Cardinal flower
Liatris spicata/Blazing star
Rudbeckia hirta/Black-eye Susan
Echinacea purpurea/Purple coneflower
Gaillardia puchella/Indian Blanket
Eupatorium fistulosum/Joe-pye weed
. Aquillegia canadenislEastern columbine
Stokesia laevis/Stoke's aster
calycanthus florid us "Athens" ICaroline allspice
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Turnip Patch Park
"Period Scent" Garden
Purposed Plan by Hillsborough Garden Club
157
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Guides used
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site:
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Backy
3. Da
4. "p'
. d,eveloping plan:
Carolina Botanical Garden web
, .~c.eduldepts/ncbg
. ~_h & Wildlife Service list of Native Plants for Your
. d;. http://southeast.fws.gov
'el ~towe Botanical Garden; www.stowegarden.org
. along Plants" by Steven Bender & Felder Rushing
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159
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 25 of the Hillsborough Zoning Ordinance is hereby amended to add the
following:
Shelter for the Homeless. A facility that provides temporary lodging for 1-12 indigent individuals and/or families
with no regular home or residential address. Supportive services (including, but not limited to: a community kitchen
or food pantry; assistance in obtaining permanent housing; medical counseling, treatment, and/or supervision;
assistance in recuperating from the effects of or refraining from the use of drugs and/or alcohol; nutritional
counseling; employment counseling; job training and placement; and child care) may also be provided in conjunction
with lodging. A halfway house, as defmed by this ordinance, is not a shelter for the homeless. Similar services
provided within an existing building of worship shall be considered an accessory use to the faith organization and not
require a Special Use Pennit when the space allocated to the shelter operation does not exceed 25% of the square
footage of occupied structures on the same parcel.
Section 2.
Section 3.4.1 of the Hillsborough Zoning Ordinance is hereby amended to add
"Shelter for the Homeless" as a Special Use within all zoning districts.
Section 3.
Section 4.48.4.p is hereby added to read as follows:
Shelter for the Homeless
1) The facility operators must provide in writing, the following information as part of the application
materials:
a. Description of the applicant and proof that it is a government agency or non-profit organization.
The description shall include a vision or mission statement for the facility and organization and the
operator's history and experience with similar facilities
b. Proof of liability insurance on the shelter facility
c. Indication of whether the facility is seasonal or year-round
d. Summary of services to be provided
e. Intended service population (single men, single women, families, mixed)
f. Maximum capacity for overnight stay and anticipated nightly capacity
g. Hours of operation
h. Rules of conduct for residents
1. Staffmg structure and use of volunteers
J. Interior floor and use arrangement which complies with Fire and Building Code requirements
k. Demonstrated access for residents to transportation and services
2) A shelter must provide a minimum floor space of 50 square feet for each individual sheltered;
3) No shelter facility shall be located within 1/4 mile of an existing shelter for the homeless, family care home,
or group care facility;
4) The facility must be contained within a building or group of buildings and operated by a government agency
or non-profit organization;
5) Parking shall be provided at a rate of one space per three residents at maximum capacity
.
.
.
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Section 4.
All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 5.
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 9th day of May, 2005.
Ayes: .s
Noes: -e-
Absent or Excused: 47--
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.
.
.
Family Care Home
A facility licensed by the appropriate state agency as a family care home
for one (1) to six (6) unrelated individuals, together with support and
supervisory personnel. Family care homes shall not be located less that
one-half (1/2) mile from each other. See also definitions in G.S. 168-20.
Group Care Facilitv A facility licensed by the appropriate state agency, as a facility for seven
(7) to fifteen (15) unrelated individuals, (excluding supervisory
personnel), who are mentally or physically handicapped, aged, or disabled
and are undergoing rehabilitation or extended care, and are provided
services to meet their specific needs. This category includes group homes
for all ages, nursing/rest homes, and foster homes. Persons adjusting to
non-prison life including, but not limited to, pre-release, work-release,
probationary programs, and juvenile detention centers shall not be eligible
for admission to a group care facility.
Halfway House A home in which seven (7) to fifteen (15) unrelated individuals live in
while receiving therapy and counselling for the following purposes:
a) to assist them to recuperate from the effects of drugs or alcohol;
b) to assist them to adjust to living with handicaps of emotional or
mental order, mental retardation; and
c) to assist them to adjust to living with handicaps of physical
disability.'
The facility shall be licensed by the appropriate state agency.
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16~
RESOLUTION AMENDING THE
IDLLSBOROUGH MASTER PARKS AND RECREATION PLAN
TO INCLUDE A GREENWAY SECTION
WHEREAS, The Hillsborough Town Board adopted the Parks and Recreation Master Plan in
1993 and,
WHEREAS, The Hillsborough Parks and Recreation Board recommended the inclusion of a
Greenway section and map and,
WHEREAS, The Hillsborough Planning Board held a joint public hearing with the Town
Board of Commissioners on April 26, 2005 to solicit public comment on the Plan Amendment
and,
WHEREAS, The Hillsborough Planning Board unanimously recommended the adoption of the
Plan Amendment at the May 3, 2005 meeting.
NOW, THEREFORE, BE IT RESOLVED, by the Hillsborough Town Board of Commissioners
to amend the Parks and Recreation Master Plan to include a section entitled "Greenway
Recommendations" and map as recommended by the Hillsborough Parks and Recreation Board
and the Hillsborough Planning Board.
May 9,2005
Date