Loading...
HomeMy Public PortalAbout07-11-2005 Regular Session Minutes July 11, 2005 Regular Board Meeting Page 1 of 10 Minutes Approved: September 12, 2005 MINUTES HILLSBOROUGH TOWN BOARD July 11, 2005 7:30 p.m., Town Barn The Town of Hillsborough held its regular meeting on July 11, 2005 at 7:30 p.m. in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Frances Dancy, Brian Lowen, Eric Hallman, Michael Gering, and Evelyn Lloyd. Staff present were Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Demetric Potts, Management Intern Christina Riordan, Planning Director Margaret Hauth, Finance Director Greg Siler, Town Engineer Kenny Keel, Town Attorney Bob Hornik, Police Chief Clarence Birkhead, and Police Captain Judy Jacobs. 7:34:01 PM Mayor Phelps called the meeting to order at 7: 34 p.m. 1. PUBLIC CHARGE Mayor Phelps did not read the Public Charge, but stated that it would be adhered to. 2. SWEARING-IN CEREMONY FOR NEW POLICE CHIEF. 7:34:39 PM Mayor Phelps performed the swearing in ceremony for Hillsborough’s new Police Chief, Clarence Birkhead. Council members and staff welcomed the police chief to the Town. Mayor Phelps recognized Captain Judy Jacobs for her outstanding job as Interim Police Chief and thanked her for her service. 3. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA There were no audience comments. 4. AGENDA CHANGES & AGENDA APPROVAL 7:38:37 PM Mayor Phelps deleted Item I and H and added an additional Item regarding the Water Rate Study. Commissioner Gering added an additional Item regarding an update on the status of a Planning Department project. 5. APPROVAL OF THE MINUTES OF THE JUNE 13, 2005 REGULAR BOARD MEETING; THE JUNE 13, 2005 CLOSED SESSION; AND THE JUNE 27, 2005 MONTHLY WORKSHOP 7:40:23 PM Commissioner Gering noted a change in June 13, 2005 Regular Board Meeting Minutes. In Item K on page seven, the figure of $3,000 should be changed to $5,000. 1 Minutes July 11, 2005 Regular Board Meeting Page 2 of 10 Minutes Approved: September 12, 2005 Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman the Board moved to approve the Minutes of June 13, 2005 Regular Board Meeting with the aforementioned change; the Minutes of June 13, 2005 Closed Session; and the June 27, 2005 Monthly Workshop as presented by a vote of 5-0. The motion was declared passed. 6. COMMITTEE REPORTS 7:41:44 PM There were no committee reports. 7. REPORT FROM THE TOWN MANAGER 7:41:53 PM There was no Town Manager report. 8. REPORT FROM THE TOWN ENGINEER 7:42:16 PM Town Engineer Kenny Keel gave a status report on all water and sewer projects. He th also stated that the Water Plant Upgrade is scheduled to be completed by July 19. 9. ITEMS FOR DECISION—CONSENT AGENDA A. Consider approval of request from the Parks and Recreation Board to amend the Town Code to add Section 3.29 to establish Park Naming procedures. B. Consider approval of Membership Agreement and Resolution for Participation in the North Carolina Interlocal Risk Management Agency, the workers’ compensation insurance program administered by the NCLM. C. Consider Resolution asking the Intergovernmental Parks Work Group to work on a Countywide Parks and Greenways Coordination Document. D. Consider approval of 2005-2006 Memorandum of Understanding with the Brough Law Firm. 7:49:08 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve Items A-D of the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance Amending Section 3 of the Town Code of the Town of Hillsborough, the membership agreement and resolution for participation in the North Carolina Interlocal Risk Management Agency, the resolution asking the Intergovernmental Parks Work Group to work on a Countywide Parks and Greenways Coordination Document and the 2005-2006 Memorandum of Understanding with the Brough Law Firm are hereby incorporated by reference and made a part of these official Minutes as Attachments. 10. ITEMS FOR DECISION—REGULAR AGENDA A. Consideration of request from Michael Neighbors to construct a family Mausoleum in the Corbin Street Cemetery. 7:49:54 PM Assistant Town Manager/Public Works Director Demetric Potts presented the request for the Board’s consideration stating that Michael Neighbors wants to construct a family mausoleum in the Corbin Street Cemetery. The mausoleum would be constructed on the footprint of the remaining plots that have been purchased by the Neighbors family. Staff 2 Minutes July 11, 2005 Regular Board Meeting Page 3 of 10 Minutes Approved: September 12, 2005 recommended that the Town Board deny Mr. Neighbors request to construct a mausoleum with dimensions 10X16X15 because the remaining plots (Zone 2, Section 1A, Lot 124, Grave 3; Zone 2, Section 1A, Lot 124, Grave 4) purchased by John Neighbors will not accommodate a structure with those dimensions. Assistant Town Manager/Public Works Director Potts also stated that he is still researching the design guidelines for mausoleums. 7:52:34 PM Mike Neighbors addressed the Board in support of his request to construct a family mausoleum in Corbin Street Cemetery. Staff did not inform him of the walkway that runs between plots. He believes that the current map is wrong and would like the Board to allow him to place the mausoleum over the current walkway. Commissioner Lowen suggested that the Town develop design guidelines for the Cemetery that would allow a mausoleum. This would provide the Board with something to base its decision on. Assistant Town Manager/Public Works Director Potts indicated that town records show that John Neighbors purchased two deeds. Deed 815 includes two plots and Deed 816 that includes 3 plots. No records indicate that 4 lots were purchased. Mayor Phelps suggested that Mr. Neighbors meet with staff to work out an agreement. By consensus, the Board directed the Town Manager Eric Peterson to set up a meeting between Assistant Town Manager/Public Works Director Demetric Potts and Mike Neighbors in order to work out an alternative solution. Staff will report back to the Board. Assistant Town Manager/Public Works Director Potts requested that Mr. Neighbors bring the deeds with him to the meeting. Mayor Phelps moved the Agenda Item added by Commissioner Gering to be heard next. Added Agenda Item. Piedmont Minerals Noise. 8:10:48 PM Commissioner Gering asked Planning Director Margaret Hauth for an update on the noise from Piedmont Minerals. Planning Director Hauth referred the request to Town Attorney Bob Hornik. Town Attorney Hornik informed the Board that he had researched the options and discovered three different alternatives: enforcement under 1. zoning ordinance; 2. noise ordinance; or 3. public nuisance ordinance. Attorney Hornik suggested that Staff conduct additional research and present a more formal recommendation to the Board at the September meeting. Commissioner Gering stated that he will get in touch with Planning Director Hauth about a related noise problem. By consensus, the Board directed staff to conduct more research on the three alternatives and come up with a recommendation for Board Consideration in September. 3 Minutes July 11, 2005 Regular Board Meeting Page 4 of 10 Minutes Approved: September 12, 2005 B. Consideration of Proposal from John W. Clauser, Jr. to perform an archeological investigation of the Margaret Lane Cemetery and consideration of Agreement for Margaret Lane Cemetery Project. 8:13:50 PM Assistant Town Manager/Public Works Director Demetric Potts presented the proposal from John W. Clauser, Jr. to perform an archeological investigation of the Margaret Lane Cemetery and consideration of the Agreement for the Margaret Lane Cemetery Project for the Board’s approval. The agreement includes the scope of work and cost of the project. Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to approve the agreement as submitted by John W. Clauser, Jr. by a vote of 5-0. The motion was declared passed. A copy of the proposal and agreement is here by incorporated by reference and made a part of these official Minutes as an Attachment. C. Consideration of request from Housewright Building Company to waive the one-year waiting period for new applications on the Rencher Street property. 8:15:01 PM Planning Director Margaret Hauth presented a request from Housewright Building Company to waive the one-year waiting period for new applications on the Rencher Street property. Due to a miscommunication, the Applicant did not appear at the last Board Meeting where his rezoning and SUP application were denied. Applicant wants to sell property and has expressed concerned that the denial of rezoning and SUP will negatively affect his ability to sell the property. Denial of rezoning and SUP imposes a one-year waiting period on new applications. Applicant seeks formal waiver of the one-year waiting period. Mayor Phelps asked Town Attorney Hornik if the waiver sets any type of precedent. Town Attorney Hornik responded that it would not set a precedent and that all waivers would still be on a case-by-case basis. Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen the Board moved to waive the one-year waiting period for new applications on the Rencher Street Property by a vote of 5-0. The Board moved to waive the one-year waiting period by a vote of 5-0. The motion was declared passed. 8:17:05 PM Mayor Phelps recognized several police officers who entered the meeting and informed them that the swearing-in ceremony for the new Police Chief had already taken place. D. Consideration of request from Carillon Assisted Living to install a 25 square foot sign to identify their site on Orange Grove Road. 8:17:53 PM Planning Director Margaret Hauth presented the request from Carillon Assisted Living to install a 25 square foot sign to identify their site on Orange Gove Road Carillon is not authorized to have a free standing sign because the site is zoned agricultural. If the property was zoned commercial Carillon would be allowed a 100 square foot sign. Planning Director Hauth informed the Board that the correspondence received from Carillon Assisted Living uses the term variance request but should use the term clarification to the special use permit. 4 Minutes July 11, 2005 Regular Board Meeting Page 5 of 10 Minutes Approved: September 12, 2005 Commissioner Gering asked for clarification of the request. He wanted to make sure the request would not permit a 100 square foot sign allowed under commercial zoning. Planning Director Hauth confirmed that the request was for the 25 square foot sign. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the request by Carillon Assisted Living to clarify the special use permit to allow installation of a 25 square foot sign on their site on Orange Grove Road by a vote of 5-0. The motion was declared passed. E. Consideration of an Ordinance to rezone a portion of 3.34 acres from General Commercial to R-10 on Orange Grove Road (part of TMBL 4.38.B.19) 8:20:13 PM Planning Director Hauth presented an Ordinance to rezone a portion of 3.34 acres property owned by Chris Wachholz on Orange Grove Road from General Commercial to Residential-10. This parcel is part of 4.38.B.19. The remainder of the property will remain commercial. Brian Ketchum of Summit Engineering fielded questions from the Board. Mayor Phelps expressed concern about the number of lots allowed on the property. Planning Director Hauth explained that any more than 4 lots in two years would require a major review and would have to come before the Board for approval. Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved to approve the rezoning of 1.68 acres from General Commercial to R-10 on Orange Grove Road 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. F. Consideration of Sidewalk Extension by Housewright Building Company 8:29:01 PM Assistant Town Manager/Public Works Director Demetric Potts presented the Housewright Building Company’s request for a sidewalk extension in front of Sinclair Station. This section has been identified as part of the draft Sidewalk Master Plan. Staff recommended that the Board approve participation in the project. Under the terms of the Agreement the Town will pay 75% of the cost for construction/installation of the sidewalk with Housewright Building Company providing a 25% match. Commissioner Hallman asked how much money was budgeted for this project in the current fiscal year. Assistant Town Manager/Public Works Director responded that there was $21,500 in budget for sidewalk construction. Town Attorney Bob Hornik explained that under the cost sharing agreement presented the Town’s costs cannot exceed 10% of the current estimates. Housewright Building Company must 5 Minutes July 11, 2005 Regular Board Meeting Page 6 of 10 Minutes Approved: September 12, 2005 either absorb any additional costs or come back to the Board for further approval before proceeding. Michael Neal was present to answer questions from the Board. He expressed concern about a phrase in the Agreement stating that work shall be completed with thirty (30) days of the commencement of the work. Obtaining state and federal permits could delay the process beyond 30 Days. Mr. Neal recommended changing the language from commencement of work to after the last permit is issued. Mayor Phelps asked Mr. Neal if Housewright Building Company was aware of the state’s right of way and where it stops. Mr. Neal explained that Mr. Knight had a survey of the property and does know where the right of way ends. Mayor Phelps expressed concern about the sidewalk being on private property and wanted to know about liability. Assistant Town Manager/Public Works Director Potts explained that the proposed sidewalk would be constructed in the DOT right-of-way. They will need to make a determination about its feasibility. Mayor Phelps expressed concern about the cost included in the agreement. Assistant Town Manager/Public Works Director Potts explained that the agreement includes high-end figures which could be lower once the project is put out to bid. Commissioner Gering asked the Planning Director if a pedestrian crosswalk was needed. Planning Director Hauth explained that it was too early in the process to answer this question. Upon a motion by Commissioner Gering, seconded by Commissioner Hallman the Board moved to approve a cost sharing agreement with Housewright Building Company to construct a sidewalk in front of Sinclair Station with the amendment that item 4 be changed from the work shall be completed within thirty (30) days of the commencement of the work to work shall be completed within thirty (30) days after the last permit is issued by a vote of 5-0. The motion was declared passed. A copy of the Sidewalk Construction/Cost Sharing Agreement is hereby incorporated by reference and made a part of these official Minutes as Attachments. G. Consideration of traffic calming device at intersection of W. King Street and Occoneechee Street 8:40:32 PM Assistant Town Manager/Public Works Director Demetric Potts presented the request for a traffic calming device at the intersection of West King Street and Occoneechee Street. Citizen, Morgan Moylan has requested a traffic calming device, such as a crosswalk. Staff sought Board approval to write a letter to NC DOT requesting the device or to instruct Town staff to install it. 6 Minutes July 11, 2005 Regular Board Meeting Page 7 of 10 Minutes Approved: September 12, 2005 Commission Hallman requested information from Assistant Town Manager/Public Works Director Potts about crosswalks. He would like to see a crosswalk at King Street and Churton Street across from the Police Station. Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to authorize staff to find a solution to the installation of a traffic calming device at the intersection of W. King Street and Occoneechee Street by a vote of 5-0. The motion was declared passed. Mayor Phelps reminded the Board that Items H and Item I were deleted from the agenda. J. Consider approval of the Orange County Economic Development Commission’s Strategic Plan. 8:43:38 PM Commissioner Hallman presented the Orange Co. Economic Development Commission’s Strategic Plan. The Plan has been approved by Orange County, the Town of Chapel Hill and the Town of Carrboro. Mayor Phelps stated that the overall goal to increase assessed value of residential property on page 103 should be changed to assessed value of new residential property. Commissioner Lowen expressed concern about Business-focused strategy A. Since Hillsborough is the only utility provider in the northern half of Orange County does this mean that the Town is expected to extend water and sewer to every one? Commissioner Hallman agreed to take the Board’s comments back to the Economic Development Commission. Upon a motion by Commissioner Gering, seconded by Commissioner Hallman the Board moved to approve the Orange County Economic Development Commission’s Strategic Plan as presented by a vote of 5-0. The motion was declared passed. A copy of the Strategic Plan is hereby incorporated by reference and made a part of these official Minutes as Attachments. K. Discussion of Orange County Transition Area Plan Recommendations. 8:48:23 PM Planning Director Margaret Hauth presented the Orange County Transition Area Plan recommendations so that the Board could discuss and give staff direction on how to proceed. Commissioner Gering stated how pleased he was with the way staff from the two agencies worked together. He recommended that the Board accept the agreement. Planning Director Hauth recommended that staff work on a draft memorandum of agreement describing the steps needed to move forward on the strategic growth plan. 7 Minutes July 11, 2005 Regular Board Meeting Page 8 of 10 Minutes Approved: September 12, 2005 By consensus, the Board directed staff to work on a draft memorandum of agreement describing the steps needed to move forward on the strategic growth plan. L. Discussion of Orange County Transfer of Development Rights Feasibility Study. 8:53:48 PM Planning Director Margaret Hauth presented the Orange County Transfer of Development Rights Feasibility Study. Orange County has started a Feasibility Study on establishing a TDR program. TDR is one method to protect open space and farm land. There are still some questions about enabling legislation and how much development the Town can receive. Planning Director Hauth volunteered to attend the meetings. Town would also need to send a Board representative. Mayor Phelps stated that he and Planning Director Hauth met with Orange County and informed them about the Town’s concerns in relation to water capacity. Commissioner Gering volunteered to represent the Town on the committee. By consensus, the Board directed Staff to draft a letter for Mayor Phelps’s signature accepting the invitation to participate in the Feasibility Study and to have Commissioner Gering serve as the Board representative. M. Discussion of possibilities for enacting sidewalk impact fee under existing authority and in certain circumstances. 9:01:23 PM Planning Director Hauth presented information on the possibility of enacting sidewalk impact fee under existing authority and in certain circumstances. Staff were asked to research sidewalk impact fee. Under Town Charter, the Town has authority to impose a sidewalk impact fee. The fee would apply in town and in the ETJ. The Town Charter offers very specific guidance on how the fee should be established, how funds should be documented and how funds should be spent. Town Manager Peterson stated that in absence of a sidewalk master plan the sidewalk impact fee may be a lot of work for something that may not come up very often. Town Attorney Hornik stated that the most difficult part of the process is cost estimate for program to calculate the impact fee. First step may be to develop a sidewalk program and place a dollar amount on that program. Commissioner Hallman stated that he thought that Assistant Town Manager’s/ Public Works Director Potts sidewalk plan constituted a sidewalk program. Planning Director Hauth stated that there has been interest from the business community. She recommended that impact fees be hard to get out of and require some form of petition. 8 Minutes July 11, 2005 Regular Board Meeting Page 9 of 10 Minutes Approved: September 12, 2005 By consensus, the Board directed the Town Attorney, the Town Manager and the Assistant Town Manage/Public Works Director and the Planning Director to meet and come up with a recommendation regarding sidewalk impact fees. Added Item. Discussion of Water Rate Study 9:07:33 PM Town Manager Eric Peterson presented information about the Water Rate Study conducted by Raftelis Financial Consultants. Raftelis presented three rate structure options to the Board. The Water Sewer Advisory Board recommended that the rate structure remain at volume rates with a 3,000 gallon/month minimum charge. Staff needs direction from the Board so that it can inform Raftelis which rate option to run the model on. This will allow Raftelis to show the impact of its model and make rate changes recommendations at the July Workshop. Commissioner Hallman commented that he attended water/sewer advisory board meeting and felt that the recommendation was very thoughtful. By consensus, the Board directed Town Manager Eric Peterson to contact Raftelis Financial Consultants, instruct them to run the water rate model using a 3,000 gallon/month minimum charge and invite them to present their findings at the Board’s July Workshop. Added Item. Budget Amendment to purchase Mobile Data Terminals. 9:09:34 PM Town Manager Eric Peterson presented a budget amendment to purchase Mobile Data Terminals. The Town has received a grant and is ready to purchase the first Mobile Data Terminal. The Town needs to provide the grant’s 25% match. Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved to approve the budget amendment to provide the 25% match to purchase Mobile Data Terminals by a vote of 5-0. The motion was declared passed. N. Discussion of “Hot Topics” for July Workshop 9:10:46 PM Mayor Phelps recommended that Hot Topics for the July Workshop include the water rate study from Raftelis Financial Consultants. Mayor Phelps asked Assistant Town Manager/Public Works Director Demetric Potts if he had received word from the Orange Rural Fire Department about a meeting between the Fire Department and Town Board. Assistant Town Manager/Public Works Director Potts stated that he had emailed Todd Riley of the Orange Rural Fire Department. Mr. Riley informed him that he would make a request to the ORFD Board. Town Manager Peterson suggested that the ORFD meeting take place at the Fire Station so that Board members could see the facilities. He also recommended that the meeting take place after the July Workshop, possibly September. 9 Minutes July 11, 2005 Regular Board Meeting Page 10 of 10 Minutes Approved: September 12, 2005 Commissioner Lowen recommended that the Board focus on the Raftelis study for the July workshop since the public meeting will be held the following night. Mayor Phelps agreed and recommended that the workshop be canceled if Raftelis was unavailable to present the water rate study. Town Manager Peterson agreed to contact Raftelis and assess their availability to present the study at the July workshop. By consensus, the Board agreed to consider the water rate study by Raftelis and to cancel the July workshop if Raftelis is unable to attend that meeting. 11. CLOSED SESSION 9:14:01 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd the Board moved to go into closed session as authorized by North Carolina General Statue Section 143-318.11(A)(5)to meet with the Town Attorney regarding Atlantic Skanska. 12. ADJOURN 10:01:21 PM Upon returning to Open Session and upon a motion by Commissioner Gering, seconded by Commissioner Dancy the Board moved to adjourn the meeting at 10:01 PM by a vote of 5-0. The motion was declared passed. Respectfully submitted, Christina Riordan, Management Intern 10