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HomeMy Public PortalAbout09-26-2005 Workshop Session Minutes September 26, 2005 Monthly Workshop Page 1 of 5 Minutes Approved: October 10, 2005 MINUTES Board of Commissioners Monthly Workshop Monday, September 26, 2005 – 7:30 p.m. Town Barn The Town of Hillsborough held its regular meeting on September 26, 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, Planning Director Margaret Hauth, Finance Director Greg Siler, Town Clerk/Personnel Officer Donna Armbrister, and Town Attorney Bob Hornik. 1. Open the Workshop 7:32:30 PM Mayor Joe Phelps opened the Workshop. 2. Agenda Changes & Agenda Approval 7:32:49 PM Mayor Phelps added consideration of an amendment to the 2006 Town Board Meeting Schedule as Item 2.A. 7:33:00 PM Town Manager Eric Peterson requested to delete the last part of Item 7. 7:33:17 PM Commissioner Gering added a discussion on the crime statistics that the Police Chief had provided as Item 7.A. 7:33:43 PM Finance Director Greg Siler added a discussion of a water theft case for Closed Session. 7:34:00 PM Planning Director Margaret Hauth added discussion of appropriate ordinance language for a nightclub as Item 4.A. 7:34:31 PM By consensus, the Board approved the printed agenda with the aforementioned amendments. Added Item 2.A Mayor Phelps presented an amended 2006 Town Board Meeting Schedule for the Board’s consideration. He noted that the February Workshop had been omitted from the originally approved schedule. 1 Minutes September 26, 2005 Monthly Workshop Page 2 of 5 Minutes Approved: October 10, 2005 Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the amended 2006 Town Board Meeting Schedule as presented by a vote of 5-0. The motion was declared passed. A copy of the 2006 Town Board Meeting Schedule is hereby incorporated by reference and made a part of these official Minutes as Attachments. 3. Committee Reports and Updates from the Town Board 7:35:25 PM Commissioner Hallman reported that the TAC sent the 2006-2012 TIP on to the th State and it is going though the process. Our division is ranked 10 out of the 14 divisions and we are right at the median of what they are spending here. Commissioner Hallman reported that the Parks and Recreation Committee would like to get on the agenda for a Board Workshop, possibly November, to discuss their participation, River Walk design, and other initiatives. Commissioner Hallman also reported that Alois Callemyn, the Town’s Representation on the Economic Development Council is going to discuss through the EDC ways we can look at providing economic development in the northern entranceway along Hwy 70. The EDC will report back to the Board in the future. 4. Discussion Regarding Nuisance Ordinance Issues and Potential Ordinance Amendments (e.g. Junk Cars, Overgrown Lots, and Noise Issues) 7:37:46 PM Planning Director Margaret Hauth reported that currently, there are two definitions for junked and wrecked motor vehicles in Hillsborough. The definitions in the Town Code and Zoning Ordinance became inconsistent at some point in the past. Both the definitions and tolerance are different in each ordinance. She stated that she has learned that the previous Code Enforcement Officer allowed the use of car covers to clear violations, in part because of the Zoning Ordinance allowance. These owners are understandably upset about the changing standard. 7:42:43 PM Town Attorney Bob Hornik suggested placing one agreed upon definition in the Town Code and have the Zoning Ordinance reference the Town Code. He also suggested that the provision allowing 200 square feet of a lot to be used for junked vehicles needs to be reworded, if the Board wants to keep this part of the Ordinance. Commissioner Gering suggested that the persons affected by the Ordinance change be notified by letter that the Ordinance is being considered for revision and be invited to make comment at the meeting when it is considered. Commissioner Dancy suggested stating in the Ordinance that if the Town has to remove the vehicle(s), the owners will be charged for the service. 7:47:13 PM By consensus, the Board directed staff to draft an amendment similar to Cary’s and Durham’s for the Board to consider at their November workshop. 2 Minutes September 26, 2005 Monthly Workshop Page 3 of 5 Minutes Approved: October 10, 2005 7:50:31 PM Planning Director Hauth reported that there are current cases of individuals allowing natural growth to become a vegetative screen buffer instead of erecting a fence. She informed the Board that the Noxious Growth ordinance is very clear that growth exceeding 8 inches in height is not allowed. She stated that her office is beginning to receive citizen complaints. Hauth requested Board direction either at this meeting or at a future meeting. Commissioner Gering suggested that the Town Board address these on a case-by-case basis. Planning Director Hauth stated that staff would do additional research and see how other municipalities deal with this issue. Planning Director Margaret Hauth reminded the Board that they had directed staff to investigate changes to the noise provisions of the Town Code and Zoning Ordinance to address complaints received about Piedmont Minerals. This investigation also highlighted a number of weaknesses in the Ordinance to address other types of noise complaints as well. She reported that the Town Attorney has made recommendations for amendments to both Ordinances. The Planning Board reviewed these suggestions on September 6 and is proceeding with the Zoning Ordinance amendments. 8:02:45 PM Commissioner Gering stated he felt all of the proposed changes are good. 8:06:04 PM Commissioner Dancy suggested placing a provision in the Ordinance that states if the police have to come out for the same violation more than twice, that a ticket will be issued. 8:11:20 PM Planning Director Hauth stated that draft amendments will be brought back to the Board for their consideration at a future date. 8:14:27 PM Planning Director Margaret Hauth led a discussion of appropriate ordinance language for a nightclub. She reviewed sample ordinances from Raleigh, Durham. 8:22:49 PM Planning Director Hauth asked if there is a point where the Town Board wanted to be the reviewing body. The Board stated yes. Hauth suggested those facilities 250 feet from residentially zoned property or an occupancy level of 40 or greater to go to the Board. She informed the Board that draft Ordinance amendments would be brought back to them for their consideration. 5. Discussion Regarding the Potential of a Habitat for Humanity Project in Northern Fairview 8:25:26 PM Planning Director Margaret Hauth reported that this Item was brought back from the Regular September meeting. She stated that the owner is willing to discuss acquisition with Habitat. Habitat is willing to acquire the properties, seek annexation and begin constructing homes in the next 12-18 months. Adjacent vacant property may also be considered for acquisition for a second or third phase of development later. 3 Minutes September 26, 2005 Monthly Workshop Page 4 of 5 Minutes Approved: October 10, 2005 8:31:27 PM Commissioner Hallman requested to have all the numbers in one place to review (gravity vs. pump station). He also asked to see the expenses of the outfall. 8:39:17 PM Planning Director Hauth stated they had discussed having a neighborhood meeting at the Fairview Community Station and asked if the Board still wanted that to take place and possibly when. By consensus, the Board asked Margaret to check on availability of the Ag Building for that meeting and bring back available dates for them to consider. 6. Consider Appointing Two Board members to Serve on the Joint Orange-Alamance, Orange County, and Town of Hillsborough Lake Orange Water Usage Committee 8:40:43 PM Mayor Phelps presented this Item for the Board’s consideration. Mayor Phelps volunteered to serve. Commissioner Lloyd also volunteered to serve. By consensus, the Board agreed to appoint Mayor Phelps and Commissioner Lloyd to serve on the Joint Orange- Alamance, Orange County, and Town of Hillsborough Lake Orange Water Usage Committee and appointed Commissioner Hallman to serve as an alternate. 7. Discussion of Request from Citizen Regarding a Potential Christmas Decoration Idea for Town Hall ( Waterstone Developing (Commissioner Hallman) 8:48:08 PM Town Manager Eric Peterson reported that he has had a request from a Citizen who wants the Town to put up 50ft of fence at the Town Hall facility and place lights on it that say Merry Christmas. He requested guidance from Board. By consensus, the Board opted to delay decision until budget deliberations. Added Item 7A. Commissioner Gering led a discussion on the crime statistics that were provided by the Police Chief. He requested comparison statistics on convenience stores near interstates versus other types of businesses. The Town Manager stated that he would work with Police Chief to get further information. 8. Other 8:59:09 PM There was no further discussion. 8:59:15 PM 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 potential Litigation (McCoy) by a vote of 5-0. The motion was declared passed. 9. Closed Session: Discuss Litigation Regarding Nuisance Compliance in McCoy Case Upon returning to Open Session, and upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to authorize Finance Director Greg Siler to take appropriate legal action on the water theft case as discussed in Closed Session. 4 Minutes September 26, 2005 Monthly Workshop Page 5 of 5 Minutes Approved: October 10, 2005 Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to authorize Assistant Town Manager/Public Works Director Demetric Potts to proceed with the McCoy Nuisance Compliance case as discussed in Closed Session. 10. Adjourn Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adjourn at approximately 9:35 PM by a vote of 5-0. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, CMC Town Clerk 5