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HomeMy Public PortalAbout09-12-2005 Regular Session Minutes September 12, 2005 Regular Board Meeting Page 1 of 3 Minutes Approved: October 10, 2005 (Please note that the time stamps for the first part of the meeting are one hour behind the right time. The time on the computer had to be reset mid way through the meeting.) MINUTES HILLSBOROUGH TOWN BOARD September 12, 2005 7:30 PM, Town Barn The Town of Hillsborough held its regular meeting on September 12, 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 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 Clerk/Personnel Officer Donna Armbrister, Town Attorney Bob Hornik, Police Chief Clarence Birkhead, and Police Captain Judy Jacobs. 1. PUBLIC CHARGE Mayor Phelps did not read the Public Charge, but stated that it would be adhered to. 6:33:32 PM 2. INTERVIEWS A. Interview four volunteer candidates for positions on the Parks and Recreation Board (2), Planning Board (1), and Historic District Commission (1) Volunteer applicants Nancy Espersen, Bryant Warren, Toby Vandemark, and 6:34:05 PM Stephanie Trueblood were interviewed by the Town Board. 3. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA Kent Scott addressed the Board regarding the issues he was having with the Historic 6:38:35 PM District Commission. He explained that he was trying to get a house built which has been turned down by the HDC. He stated that he can’t build a house to look 100 years old. He asked what type of appeal process is in place for HDC Denials. He noted the Historic District Brochure the Town published shows one home that is actually a modular home. He stated that at the August HDC meeting he was told that the Commission did not like any product which is man made. He stated that the lot in question is on the corner of Union and Wake Streets. Planning Director Margaret Hauth reported that appeals of the HDC would go through 6:46:42 PM the Board of Adjustment. 1 Minutes September 12, 2005 Regular Board Meeting Page 2 of 3 Minutes Approved: October 10, 2005 4. AGENDA CHANGES & AGENDA APPROVAL Mayor Phelps deleted Items 12.F and 12.J. 6:48:04 PM Mayor Phelps added Item 12.W the Increase in Mileage Rate Reimbursement. 6:48:39 PM 5. PRESENTATION A. Presentation of Certificate of Appreciation to Laura Debevec for her continued service to the Hillsborough Community Policing Division Mayor Joe Phelps and Captain Judy Jacobs presented the Certificate of Appreciation 6:49:47 PM to Laura Debevec. B. Presentation of Certificate of Appreciation to Ryan Thomas for the completion of his Eagle Scout project creating a walking trail along the former Kings Highway off Ben Johnston Road Mayor Phelps presented the Certificate of Appreciation to Ryan Thomas. 6:51:11 PM C. Presentation of Chamber Open Business Forum Results from Chamber Government Affairs Representative Tom Struckmeyer This Item was tabled due to Mr. Struckmeyer’s absence 6:52:04 PM D. Presentation by William Davidson to request to pass on the increase in Orange County tipping fees to the Town of Hillsborough Commercial Customers William Davidson addressed the Board and requested to pass on the 2.2% per ton 6:52:31 PM increase on the MSW tipping fee at the Orange County Landfill to the Town. The Board asked Mr. Davidson to review his copy of the Contract. They informed him that the Contract states that there will be no increase in the rates. By consensus, the Board agreed to table this Item until staff has an opportunity to review the contract and report back to the Board for their consideration. 6. APPOINTMENTS A. Consider appointing 2 volunteers to serve on the Parks and Recreation Board with terms expiring 09-30-08 Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the 6:59:12 PM Board moved to appoint Nancy Esperson to a seat on the parks and Recreation Board with a term expiring 09-30-08 by a vote of 5-0. The motion was declared passed. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the 6:59:41 PM Board moved to appoint Bryant Warren to a seat on the parks and Recreation Board with a term expiring 09-30-08 by a vote of 5-0. The motion was declared passed. 2 Minutes September 12, 2005 Regular Board Meeting Page 3 of 3 Minutes Approved: October 10, 2005 B. Consider appointing a volunteer to fill an in-town vacancy on the Planning Board with a term expiring 09-30-08 Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the 7:00:16 PM Board moved to appoint Toby Vandemark to an in-town seat on the Planning Board with a term expiring 09-30-08 by a vote of 5-0. The motion was declared passed. C. Consider appointing a volunteer to fill a vacancy on the Historic District Commission with a term expiring 09-30-08 Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the 7:00:58 PM Board moved to appoint Stephanie Trueblood to a seat on the Historic District Commission with a term expiring 09-30-08 by a vote of 5-0. The motion was declared passed. D. Consider appointing Sarah Magnuson to serve as a Clock Winder for the Town Clock Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the 7:01:28 PM Board moved to appoint Sara Magnuson as a Clock Winder for the Town Clock by a vote of 5- 0. The motion was declared passed. 7. APPROVAL OF THE MINUTES OF THE JULY 11, 2005 REGULAR BOARD MEETING; THE JULY 11, 2005 CLOSED SESSION; THE JULY 25, 2005 MONTHLY WORKSHOP; THE JULY 25, 2005 CLOSED SESSION, AND THE JULY 26, 2005 JOINT PUBLIC HEARING Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the 7:02:03 PM Board moved to approve the Minutes of the July 11, 2005 Regular Board Meeting; the July 11, 2005 Closed Session; the July 25, 2005 Monthly Workshop; the July 25, 2005 Closed Session, and the July 26, 2005 Joint Public Hearing as presented by a vote of 5-0. The motion was declared passed. 8. COMMITTEE REPORTS Commissioner Gering stated that the County’s Taskforce on Development Rights 7:02:59 PM met for the first time and planned a process for some possible methodology for approval. Commissioner Dancy reported that her 1 ½ year term as Chair of the TJCOG 7:03:48 PM Executive Board has come to an end. She still continues to serve on the Executive Board. Commissioner Gering reported that the Housing and Urban Development Agency of 7:04:28 PM the Government came to Orange County and Chapel Hill to present checks for recent awards and that Hillsborough was a beneficiary of that with a $100,000 Home Grant. Planning Director Margaret Hauth stated that the money won’t actually be available until October. Commissioner Hallman presented a brief TAC report stating that the legislature 7:05:31 PM bypassed the DOT process for approval of road construction and mandated that Raleigh do a 3 Minutes September 12, 2005 Regular Board Meeting Page 4 of 4 Minutes Approved: October 10, 2005 connector road. The TAC is looking at ways of making it clear they do not support that kind of bypassing of DOT. Mayor Phelps stated that some local citizens have put together a drive to assist the 7:06:33 PM th Katrina disaster. They will be accepting donations on September 24 at the Annual Daniel Boone Merchants Association Yard Sale. 9. REPORT FROM THE TOWN MANAGER Assistant Town Manager/Public Works Director Demetric Potts reported that the 7:09:31 PM Town’s part-time Occupational Health Nurse, Norma Bliss, applied for a Wellness Grant with the NCLM and the Town has been awarded a $2500 Wellness Grant which will be used to supplement the amount of money the Board approved in the Annual Budget for Wellness. Potts distributed a street reconstruction and resurfacing schedule for the Board’s 7:10:09 PM information. He stated that the Town has completed recruitment for Fire Marshal/Code 7:10:37 PM Enforcement Officer position and that Jerry Wagner has accepted the position and will begin th work on September 26. 10. REPORT FROM THE TOWN ENGINEER Town Engineer/Utilities Director Kenny Keel presented status report on all current 7:11:13 PM water/sewer projects. 11. ITEMS FOR DECISION – CONSENT AGENDA A. Consider approval of an Ordinance to amend Chapter 4 of the Town Code to authorize the adjustment of an employee’s Performance Review Date upon receiving a Promotion to the date of the Promotion in subsequent years B. Consider approval of a ASCAP and BMI Licensing Agreement C. Consider approval of an amendment to the Budget Ordinance to clarify the calculation of Planning Review Fees D. Consider approval of 2006 Town Board Meeting Schedule E. Consider approval of Municipal Agreement for Inspection of Bridges on the Municipal Street System 7:17:51 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board approved Items 11.A through 11.E of the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. Copies of the Ordinance to amend Chapter 4, the ASCAP and BMI Licensing Agreement, the Budget Ordinance amendment, the 2006 Town Board Meeting Schedule, and the Municipal Agreement for Inspection of Bridges are hereby incorporated by reference and made a part of these official Minutes as Attachments. 4 Minutes September 12, 2005 Regular Board Meeting Page 5 of 5 Minutes Approved: October 10, 2005 12. ITEMS FOR DECISION – REGULAR AGENDA A. Receive request regarding Lou Hayes Nuisance Abatement to reduce or waive fees and penalties 7:18:16 PM Mr. Robbie Baker, Grandson-in-law of Lou Hayes, addressed the Board asking them to consider reducing or waiving the fees and penalties for the nuisance abatement action the Town has taken. 7:21:37 PM The Board agreed to discuss this Item in Closed Session. B. Consideration of an Ordinance to rezone 7.8 acres on the north side of US 70A from AR to Residential-20 (TMBL 4.37.C.2,2a.11c 7:21:51 PM Planning Director Margaret Hauth presented the rezoning request for the Board’s consideration and explained that the surrounding properties are a mixture of R-20 and AR zonings. The applicant noted at the Public Hearing his intent is to provide public water and sewer to a potential development on this property. This project is not included in the existing water capacity analysis, but the number of dwellings will not be known until the subdivision is reviewed. These parcels are not in the city limits, but would add water customers upon development. Planning Director Hauth reported that the Planning Board unanimously recommended approval of this request. 7:24:08 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to adopt the Ordinance to rezone 7.8 acres on the north side of US 70A from AR to Residential-20 (TMBL 4.37.C.2.2a, 11c) 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. C. Consideration of an Ordinance to amend Section 3.4.1 of the Zoning Ordinance to allow bars and nightclubs in General Commercial district with a Conditional Use Permit 2 7:24:35 PM Planning Director Margaret Hauth presented the Ordinance amendment for the Board’s consideration. She reported that this amendment would allow owners to seek a Conditional Use Permit to operate either a bar or nightclub in the General Commercial districts. The majority of GC lots are in the US 70 corridor, North Churton Street, and South Churton Street. Some scattered sites also exist in West Hillsborough. The amendment was requested by a business owner who wants to convert his business from a motorcycle sales to a “sports bar” including on-site alcohol sales, video games, and pool tables in a GC district. 8:47:53 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to adopt the Ordinance to amend Section 3.4.1 of the Zoning Ordinance to allow bars and nightclubs in General Commercial district with a Conditional Use Permit 2 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. 5 Minutes September 12, 2005 Regular Board Meeting Page 6 of 6 Minutes Approved: October 10, 2005 8:48:30 PM Commissioner Gering requested staff bring back some options that include limiting establishments like this to the jurisdiction of the Hillsborough Police Department for suitable law enforcement and also Special Use Permit for the Board to consider at their Workshop. D. Update on potential joint development with Habitat in Northern Fairview 8:48:53 PM Planning Director Margaret Hauth reported that the Town is pursuing a joint project with Habitat to increase the owner occupied housing stock in the North Fairview community. The lots already exist and are ready to develop once utilities are available. The owner is willing to discuss acquisition with Habitat. Habitat is willing to acquire the properties, seek annexation and begin constructing houses in the next 12-18 months. Adjacent vacant property may also be considered for acquisition for a second or third phase of development later. Hauth stated that this project was initially discussed as a joint Town/Habitat request for County bond funds. This no longer seems necessary, although the Town would be expected to support Habitat’s efforts to seek funding. A meeting with the existing neighborhood organization would be desirable to open the lines of communication between the neighborhood and Habitat. She also noted that the property is in an area the Town has briefly discussed for annexation potential. This area does not currently have sewer service, but is adjacent to the city limits and would provide an opportunity for more consistent code and law enforcement throughout the Northern Fairview community. The town could approach the owners of the existing developed lots to investigate annexation or could pursue involuntary annexation. This process takes about 18 months and does commit the Town to provide the same level of services in the annexed area as the current city limits. This would impact the Water and Sewer Fund as well as the General Fund. Habitat has expressed a willingness to pursue funding to acquire the property through County bond funds and other sources if the Town can commit to bringing water and sewer to the lots in question. Options to fund a sewer extension need to be discussed and investigated. 9:02:36 PM Further discussion and decision on this Item was deferred until the workshop. E. Consideration of acceptance of Water/Sewer Extension Contract for Thalle Construction 9:02:46 PM Town Engineer/Utilities Director Kenny Keel reported that the Thalle Construction project will require extension of Town water and sewer lines to serve the project. The property for this project was originally approved as a 31-lot residential subdivision in 2001. The Water/Sewer Extension Contract required gravity sewer be extended, and easements and permits were obtained by the developer. However, the project did not proceed. Keel stated that this proposed project is a commercial development, and is requesting approval of a private sewage pump station and collection system. While this alternative will certainly work, Keel expressed concerns about it due to the likelihood that the Town will eventually take over the station. The property is adjacent to an area being evaluated for annexation. If that area is annexed, sewer will need to be ran through the Thalle property, necessitating Town ownership (and operation & maintenance) of the pump station. Pump stations are a significant operation and maintenance burden on the Town, and efforts have been made to limit the number 6 Minutes September 12, 2005 Regular Board Meeting Page 7 of 7 Minutes Approved: October 10, 2005 of new stations, and reduce the number of existing stations. The extension contract presented at this meeting is the Town’s basic agreement with some project specific modifications. It includes 2 options for Attachment A, one with gravity sewer, and one with a private pump station. Keel recommended the gravity sewer option, due to the potential for the pump station to later become the Town’s responsibility. 9:13:17 PM Gregg Pacchiani, President of Thalle Construction Co., Inc., addressed the Board and requested permission to use a Pump Station. 9:15:39 PM Town Engineer Keel suggested that if the private pump station option is selected that a statement be added that the Town would have the option to take possession of the pump station at a future date at no cost to the Town. 9:16:59 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the Board moved to approve acceptance of Water/Sewer Extension Contract for Thalle Construction Project with the Option 2 Appendix A with the additional amendment statement that the Town would have the option to take possession of the pump station at a later date at no cost to the Town by a vote of 5-0. The motion was declared passed. A copy of the Water/Sewer Extension Contract is hereby incorporated by reference and made a part of these official Minutes as Attachments. F. Consideration of acceptance of Water/Sewer Extension Contract for Sterling Estates Subdivision Project This Item was deleted from the Agenda earlier in the meeting. G. Receive Request from Beckett’s Ridge Home Owners Association for the installation of Speed Tables on Woodbury Drive Assistant Town Manager/Public Works Director Demetric Potts presented the request for the Board’s consideration. He also presented the results of a traffic study which was conducted in May 2005. Potts stated that staff is recommending that the Board deny the installation of the th speed tables due to the data indicating that the petition requirement of 65% and the 85 percentile speed requirement were not met. 9:23:07 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to deny the request from the Beckett’s Ridge Home Owners Association for the installation of Speed Tables on Woodbury Drive by a vote of 5-0. The motion was declared passed. A copy of the May 2005 Traffic Study is hereby incorporated by reference and made a part of these official Minutes as Attachments. 9:24:47 PM Mayor Phelps called for brief recess. 9:32:01 PM Mayor Phelps reconvened the meeting. 7 Minutes September 12, 2005 Regular Board Meeting Page 8 of 8 Minutes Approved: October 10, 2005 H. Receive letter of interest in annexation from Roy Wilkerson regarding 38.58 acres on the west side of NC 57 9:32:37 PM Planning Director Margaret Hauth reported that the CCD Corporation has submitted a letter of interest to have 38.58 acres annexed into Hillsborough on Hwy NC 57. The property is not currently contiguous to the city limits. The owner has expressed an interest in having the property zoned Light Industrial to match adjacent development. The property lies on the west side of NC 57 north of Hillsborough and includes the site currently leased to Orange County as a convenience center. Adjacent property owner by the applicant is developed consistent with the Town’s Light Industrial district, including flex space and a contractor’s yard. Utilities currently exist on the site. Hauth informed the Board that the next step in the Town’s annexation process would be to direct staff to prepare a fiscal impact analysis if the Board is interested in pursuing this request. She stated that this property was not included in the most recent water and sewer capacity analysis. 9:34:58 PM Commissioner Lowen requested that staff do a fiscal impact study for the Board’s consideration. I. Consideration of an Ordinance to annex 4.98 acres on Orange Grove Road (TMBL 4.38.B.26f) 9:36:18 PM Planning Director Hauth presented the Ordinance for the Board’s consideration. She reported that Carillon Assisted Living of Hillsborough requested annexation, following up on a verbal comment during the Special Use Permit process earlier. The property will remain zoned Agricultural Residential with a Special Use Permit to operate an extended care facility, as previously approved. Hauth stated that the owner spoke in favor of their request at the July Public Hearing. Since the property is under development and in the ETJ, no additional Agreements or ordinances need to be considered with this request. The property will owe property taxes beginning next year. Their water will be billed at the in-town rate upon the effective date of the Ordinance. 9:37:22 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to adopt the Ordinance to annex 4.98 acres on Orange Grove Road (TMBL 4.38.B.26f) 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. J. Receive request from Bellevue Development LLC to establish a local historic landmark program and designate the mill on South Nash Street as a local landmark This Item was deleted from the Agenda earlier in the meeting. 8 Minutes September 12, 2005 Regular Board Meeting Page 9 of 9 Minutes Approved: October 10, 2005 K. Set date for continued Public Hearing to address three projects from July and request additional information to be presented on the continued applications 9:37:46 PM Planning Director Margaret Hauth reported that three items were continued from the July Public Hearing to a date to be determined. The continuation also provides the Town Board and Planning Board time to request additional information on these quasi-judicial applications (Ashton Hall, Owl’s Wood, and Eagle Enterprises). 9:45:38 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to set a Public Hearing for October 6 at 7:00 PM in the Gordon Battle Courtroom by a vote of 5-0. The motion was declared passed. L. Consideration of an Ordinance to close a portion of the existing alley and Exchange Park Lane and accept dedication of replacement rights-of-way 9:49:05 PM Planning Director Hauth presented the Ordinance for the Board’s consideration. She reported that the Public Hearing on this item was held on July 26, 2005. The NCGS require the Town to hold a Public Hearing and send written notice before closing any public right of way. In this instance, the right of way will be relocated to new locations in both cases. 9:55:32 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to adopt the Ordinance to close a portion of the existing alley and Exchange Park Lane and accept dedication of replacement rights-of-way 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. M. Review 2007-2013 Transportation Priority List and provide comments 9:55:55 PM Planning Director Margaret Hauth reported that the MPO submits a Priority List to NCDOT to aid in the creation of the State Transportation Improvement Plan. Adopted criteria are applied to the projects submitted by individual jurisdictions to attempt to provide a technical basis for establishing priorities. The TAC has the authority to adjust the projects based on information that is difficult to quantify. The TAC is soliciting comments from local jurisdictions in preparation of the 2007-2013 TIP. The TAC will be adopting a priority list for submittal to NCDOT. She explained that funding is provided by Division and that Hillsborough projects compete with other Orange County jurisdictions and others in Division 7, including Greensboro and Burlington. The Board reviewed the proposed TIP and opted not to request any changes. N. Provide direction to staff regarding definition of junk cars 10:04:50 PM Planning Director Margaret Hauth suggested that Items N and O both be tabled to the September Workshop. 9 Minutes September 12, 2005 Regular Board Meeting Page 10 of 10 Minutes Approved: October 10, 2005 By consensus, the Board agreed. O. Discussion of potential amendments to the Zoning Ordinance and Town Code to clarify Noise Ordinance provisions By consensus, moved to the Workshop. P. Discuss and consider Water and Sewer rate increase based on recommendation from Raftelis Financial Consultants 10:07:45 PM Will Atherton addressed the Board stating that the percentage amount of proposed increase is not universally applied. He recommended that the Board consider a dollar for dollar increase where the in-town rate would be increased the same dollar amount as the out-of-town rate. 10:15:57 PM Edna Ellis addressed the Board stating that she is a tax payer and citizen of the Town and is speaking tonight for herself, not as a member of the Planning Board. She asked why there has to be a Water/Sewer Fund and a General Fund. She also asked what has happened to previous annexation plans. 10:19:14 PM Tommy Sykes addressed the Board and stated that he was shocked when he received his first water bill. He stated that he does not understand the high water rates. 10:21:25 PM Commissioner Hallman gave a brief explanation of the two funds and the reasons the rates are as high as they are. 10:27:02 PM Commissioner Hallman made a motion to accept Raftellis recommendation to maintain the 3,000 gallon minimum charge. This motion was seconded by Commissioner Lloyd. The Board voted 5-0 on this motion. The motion was declared passed. 10:29:03 PM Commissioner Hallman made a motion to increase sewer rate by 9.16%. This motion was seconded by Commissioner Gering. 10:31:49 PM After some discussion by the Board, Commissioner Hallman withdrew motion and Commissioner Gering withdrew his second of the motion. 10:39:53 PM Commissioner Gering made motion to increase in-town sewer rate $6.34 and leave the differential at 195% and leave the in-town and out-of-town water rates the same effective October 1, 2005. The motion was seconded by Commissioner Hallman. The Board had a 5-0 vote on this motion. The motion was declared passed. Q. Discuss and provide direction regarding Water Rate Assistance Program 10:42:26 PM Christina Riordan, Management Intern, reported that when water and sewer rates rise, they have a disproportionate impact on low-income customers who pay a greater percentage of their budget on water and sewer services. Water Rate Assistance Programs can provide a way for low-income customers to afford the rising cost of water/sewer services. They 10 Minutes September 12, 2005 Regular Board Meeting Page 11 of 11 Minutes Approved: October 10, 2005 also provide municipalities with a way to reduce the number of late payments, disconnected service and uncollected accounts. Management Intern Riordan explained that the first step in developing a Crisis Assistance Program is to decide where funding for the assistance program will come from. The Town has several options available to it. Revenue for the program can be generated from utility customers or the municipality. She described various options which could be implemented: 1) a Rounding-Up Program; 2) Processing Donations: 3) Administering Grant Money. Riordan reported that staff has discovered that the Town’s current accounting software is not capable of rounding-up water/sewer customers bills. ICS, the Town’s accounting software company, estimates that it would cost $10,000 to do the programming necessary to create the rounding-up capability. She stated that given the cost of developing a rounding-up program, the Board’s best options may be: 1. Allowing customers to make contributions through their monthly water/sewer bill. The Town’s accounting software has the capability to add a specified amount to a customer’s bill on a monthly basis. Therefore if a customer wanted to add $1 to their bill every month, the current accounting software could accommodate this without any additional costs. Given the town of Cary’s experience and lack of success with a similar program, Hillsborough would want to carefully consider and establish an effective marketing plan if this option is used. 2. The Town could designate a specific amount of money from the water/sewer fund for a low-income assistance program. The money from this program could be distributed to a local social service agency or nonprofit for distribution. The Town Attorney has looked into the legality of this option and believes that the Town can legally designate money for this purpose. This option would guarantee a specified amount gets distributed to low-income customers in the community. It would also eliminate the need for marketing. 10:46:51 PM Commissioner Gering stated he thought this program needs to be started on a voluntary basis. He is hoping the citizens of Hillsborough will be more responsive than the citizens of Cary have been due to the dire needs of Hillsborough residents. 10:53:30 PM By consensus, the Board requested that the Finance Department compile additional information on Town expense, staff time, generation of tax donation forms, and specific recipient criteria for the Board to consider and that staff make contact with Orange County Department of Social Services and OCIM to inquire as to their availability to administer such a program for the Town. R. Consideration of HUD 202 Application and Project Collaboration with Orange County 10:56:54 PM Commissioner Gering reported that during the deliberation process for senior housing projects in 2001 and 2002, the Town Board learned about the different requirements and options for senior housing and care facilities. Consequently, the Board adopted criteria for 11 Minutes September 12, 2005 Regular Board Meeting Page 12 of 12 Minutes Approved: October 10, 2005 evaluating senior housing projects, amended the Ordinances to implement the Board’s policy, approved an assisted living facility project, and approved another project with space set aside for a continuing care retirement center (CCRC). Commissioner Gering stated that a need Hillsborough has not begun to address is care of low- income seniors. The Federal Government has the HUD-202 Program mechanism for helping the Town address those types of needs. It requires an application and a lot of collaboration between local groups including civic organizations, churches, and local governments and county government. Since Orange County is in the process of acquiring the SportsPlex and placing a possible Senior Center there and perhaps some senior housing, it is important for the Town to begin the dialogue with the County about how we might be able to create an application for a HUD-202 Project. Commissioner Gering noted that his intent with this Agenda Item was to get the Town Board’s approval to communicate with the County Board of Commissioners the Town’s interest in pursuing an application for a HUD-202 Project. By consensus, the Board agreed. S. Discuss and Consider Joint Meeting with Orange County and Orange-Alamance Water System regarding Water Use Restrictions 11:00:51 PM Town Engineer/Utilities Director Kenny Keel reported that he had spoken with the Assistant County Engineer this morning and he was informed that the County understands the Town’s position and concerns. Orange County has approved an agreement where, for 90 days, the County would defer all water use restriction enforcement to the respective utility service providers. During this 90 day period the parties would engage in and hope to find a resolution to the variety of issues involved in this situation. T. Consideration of Contract for Professional Services with Summit Consulting Engineers for Mapping-grade survey of existing Stormwater infrastructure within the Town’s jurisdiction 11:10:45 PM Assistant Town Manager/Public Works Director Demetric Potts presented the Contract for Professional Services for the Board’s consideration. He reminded the Board that the NPDES Phase II Stormwater Permitting process requires that the Town provide Storm Sewer Information which includes a GIS mapping of the Stormwater Infrastructure. From information obtained from the “GIS Pilot Project” Summit Consulting Engineers have determined that the cost to develop/obtain data on the Storm Sewer System/Stormwater Infrastructure will cost the Town $60,000. The Town has 5 years from the date of receiving its permit to have a full functioning Stormwater Management Program. From consulting with Summit Consulting Engineers, it was determined that the most effective approach to meeting this requirement would be to phase the project over three years. Funds for this project were considered and approved in the FY06 Budget. 11:11:12 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to authorize the Town Manager to execute the agreement with Summit Consulting Engineers for Mapping-grade survey of existing Stormwater infrastructure within the Town’s jurisdiction by a vote of 5-0. The motion was declared passed. A copy of the 12 Minutes September 12, 2005 Regular Board Meeting Page 13 of 13 Minutes Approved: October 10, 2005 Contract is hereby incorporated by reference and made a part of these official Minutes as Attachments. U. Discus preparations for the Town Manager’s Annual Performance Review 11:12:09 PM By consensus, the Board agreed to use the same packet of information which has been provided for their use on the Manager’s previous Annual Performance Evaluations. The Board also requested a breakdown of the Manager’s salary history. V. Consideration of “Hot Topics” for the September Workshop By consensus, the Board agreed to add to the Workshop Agenda a Closed Session regarding the liquidated damages on the Water Plant Upgrade project. Added Item 12.W Mileage Reimbursement Rate Amendment Finance Director Greg Siler informed the Board that effective September 1, 2005, the Internal Revenue Service increased the allowable business standard mileage rate deduction from 40.5 cents per mile to 48.5 cents per mile for the final four months of 2005. Pursuant to GS 138- 6(a)(1), the Town of Hillsborough is requesting to change it’s allowable rate of reimbursement from 40.5 cents to 48.5 cents per mile for travel on official business by the Town Board and the Town’s employees. 11:14:41 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to amend it’s allowable rate of reimbursement from 40.5 cents to 48.5 cents per mile for travel on official business by the Town Board and the Town’s employees by a vote of 5-0. The motion was declared passed. 11:15:14 PM Upon a motion by Commissioner Lowen/Lloyd to go into Closed Session as authorized by North Carolina General Statute Section 143- 318.11(3) to meet with Town Attorney regarding Litigation Proceedings and Status Report (McNeil)(Hayes); and as authorized by North Carolina General Statute Section 143-318.11 (3) to meet with Town Attorney regarding potential Litigation arising from delinquent Food and Beverage Tax Payments and failure to file Food and Beverage Tax Reports; and as authorized by North Carolina General Statute Section 143-318.11(3) to meet with Town Attorney regarding Closed Session Minutes. A. Closed Session as authorized by North Carolina General Statute Section 143- 318.11(3) to meet with Town Attorney regarding Litigation Proceedings and Status Report (McNeil)(Hayes) Upon returning from Closed Session, and by consensus, Town Board authorized the Town Attorney to carry out the directions that were discussed in Closed Session in both the McNeil and Hayes cases. 13 Minutes September 12, 2005 Regular Board Meeting Page 14 of 14 Minutes Approved: October 10, 2005 B. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3) to meet with Town Attorney regarding potential Litigation arising from delinquent Food and Beverage Tax Payments and failure to file Food and Beverage Tax Reports By consensus, the Town Board authorized the Town Staff to turn the delinquent Food and Beverage Tax Payments over to the Town Attorney for collection of tax payments and outstanding tax reports. C. Closed Session as authorized by North Carolina General Statute Section 143- 318.11(3) to meet with Town Attorney regarding Closed Session Minutes By consensus, the Board authorized the Opening and Unsealing of the following Closed Session Minutes: April 12, 2004 – Re: Pending Litigation January 10, 2005– Re: Pending Litigation ???? May 10, 2004 – Re: Pending Litigation February 14, 2005– Re: Pending Litigation ???? July 8, 2004 – Re: Pending Litigation February 28, 2005 – Re: Pending Litigation ???? July 12, 2004 – Re: Pending Litigation March 14, 2005 – Re: Pending Litigation ???? September 13, 2004 – Re: Pending Litigation April 11, 2005 – Re: Pending Litigation ???? October 11, 2004– Re: Pending Litigation May 9, 2005 – Re: Pending Litigation ???? December 13, 2004– Re: Pending Litigation June 13, 2005 – Re: Pending Litigation ???? 14. ADJOURN Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adjourn at 11:55 PM by a vote of 5-0. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, CMC Town Clerk 14