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Home My Public Portal About10-10-2005 Regular Session Minutes October 10, 2005 Regular Board Meeting Page 1 of 6 Minutes Approved: November 14, 2005 140 MINUTES HILLSBOROUGH TOWN BOARD October 10, 2005 7:30 PM, Town Barn The Town of Hillsborough held its regular meeting on October 10, 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, Town Attorney Bob Hornik, and Police Chief Clarence Birkhead. Mayor Joe Phelps called the meeting to order at 7:30 PM. 1. PUBLIC CHARGE Mayor Phelps did not read the Public Charge, but stated that it would be adhered to. 7:32:50 PM 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA Brenda Stephens, Director of Orange County Libraries, addressed the Board and thanked them for the Town’s financial contribution. She also distributed library cards to the members of the Board. 3. AGENDA CHANGES & AGENDA APPROVAL MayorPhelps added a discussion of Corbinton Commons to be held in Closed Session. Mayor Phelps also added Discussion of Hot Topics for the October Workshop as Item 7:35:42 PM 11.F. 4. PRESENTATION A. Water/Sewer Advisory Committee member Jim Singleton requested to address the Board regarding Water Mr. Jim Singleton addressed the Board. He expressed his concerns with the water pressure at his home. He stated that the best pressure he has had was 21 lbs which was early on a Sunday morning before his family was awake. He requested to have his water rate reduced to the in- town rate until his water pressure is up where it should be. 5. APPOINTMENTS A. Consider appointment of Dorothy P. Lea to fill a Restaurant Appointee seat on the Tourism Board with a term ending 10-2007 1 Minutes October 10, 2005 Regular Board Meeting Page 2 of 6 Minutes Approved: November 14, 2005 Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the appointment of Dorothy P. Lea to fill a Restaurant Appointee seat on the Tourism Board with a term ending 10-2007 by a vote of 5-0. The motion was declared passed. 6. APPROVAL OF THE MINUTES OF THE SEPTEMBER 12, 2005 REGULAR BOARD MEETING; THE SEPTEMBER 12, 2005 CLOSED SESSION; THE SEPTEMBER 26, 2005 MONTHLY WORKSESSION; AND THE SEPTEMBER 26, 2005 CLOSED SESSION th Commissioner Dancy noted a change needed to be made to the September 12 Minutes. In her Committee Report she reported that her 1 ½ year term as Chair on the TJCOB Executive Board had come to an end, but she still continues to serve on the Board. Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve the Minutes of the September 12, 2005 Regular Board Meeting with the aforementioned amendment; the September 12, 2005 Closed Session as presented; the September 26, 2005 Monthly Worksession as presented; and the September 26, 2005 Closed Session as presented by a vote of 5-0. The motion was declared passed. 7. COMMITTEE REPORTS Commissioner Lowen reported that the Fairview Park Committee has held it’s first 7:43:26 PM meeting. He stated that he, Mayor Joe Phelps, Orange County Commissioner Barry Jacobs, and Orange County Commissioner Steve Halkiotis are the elected representatives on the Committee. He reported that it was a good meeting and everyone is very excited about the prospects. Commissioner Lowen reported that the Solid Waste Advisory Committee will be 7:44:24 PM meeting this week. Our representative on that Committee, Remus Smith, has asked what the Town Board is actually looking for in terms of recycling. Commissioner Lowen stated that he would like for them to look at recycling corrugated cardboard. By consensus, the Board agreed. Commissioner Dancy reported that at the last TJCOG meeting there was a 7:45:56 PM presentation on new state legislation dealing with planning which is going to affect a lot of things the Town does. She stated that she has passed the information they received at the meeting on to Planning Director Margaret Hauth for her to share with the Planning Board and Town Board. 8. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson reminded the Board of the Meeting with the Orange 7:47:13 PM Rural Fire Board next Monday night starting at 6:30 PM at the Orange Rural Fire Station beginning with a tour and then reconvening at 7:30 PM at the Holiday Inn Express. A light dinner will be served. 2 Minutes October 10, 2005 Regular Board Meeting Page 3 of 6 Minutes Approved: November 14, 2005 9. REPORT FROM THE TOWN ENGINEER No report was given due to the absence of the Town Engineer. 7:49:33 PM 10. ITEMS FOR DECISION – CONSENT AGENDA A. Consider approval of Domestic Violence Awareness 2005 Proclamation B. Consider approval of amendment to the Town Board’s 2005 Meeting Schedule to add a Joint Meeting with Orange County on Thursday, February 23, 2006 at 7:00 PM in the Government Services Building C. Consider approval of Amendment No. 1 to the Annual Sanitary Sewer Evaluation Study contract D. Consider approval of Miscellaneous Budget Amendments Mayor Phelps removed Item 10.A for separate consideration as Item 11 since there is a representative present to receive the Proclamation. 7:55:19 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve Consent Agenda Items B-D as presented by a vote of 5-0. The motion was declared passed. Copies of the amended Town Board’s 2005 Meeting Schedule, Amendment No. 1 to the Annual Sanitary Sewer Evaluation Study Contract, and the Miscellaneous Budget Amendments are hereby incorporated by reference and made a part of these official Minutes as Attachments. 11. ITEMS FOR DECISION – REGULAR AGENDA Item 11. 7:51:28 PMConsider approval of Domestic Violence Awareness 2005 Proclamation By consensus, the Town Board approved the Domestic Violence Awareness 2005 Proclamation. A copy of the Proclamation is hereby incorporated by reference and made a part of these official Minutes as an Attachment. Mayor Phelps read and presented the proclamation to Melissa Ratcliff, Executive Director, for the Domestic Violence Prevention Agency. A. Receive request from the family of Bobby Wagner to install a double monument in the Town Cemetery Assistant Town Manager/Public Works Director Demetric Potts presented 7:55:36 PM request for the Board’s consideration and explained that the family is requesting to install a double monument which is 70 inches by 17 inches which exceeds the maximum size of 52 inches by 18 inches as allowed by the Town Code. The Town Code states that monuments or markers which do not otherwise meet the requirements of the Ordinance may be allowed upon approval by the Board of Commissioners. 3 Minutes October 10, 2005 Regular Board Meeting Page 4 of 6 Minutes Approved: November 14, 2005 Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to approve the request from the Bobby Wagner family to install an oversized double monument in the Town Cemetery by a vote of 5-0. The motion was declared passed. B. Receive request from Martha Johnson that no parking signs be installed on Homemont Avenue and consider Ordinance amendment Assistant Town Manager/Public Works Director Demetric Potts introduced Ms. 7:57:36 PM Martha Johnson. Ms. Johnson addressed the Board and explained her reasons for making the 7:57:57 PM request noting that there is a lot of drug activity in the area and a lot of parking on both sides of the street which prevents her from being able to get to her residence. She also stated that there is a lot of loud noise from 9:00 PM to 2:00 AM, people firing guns in the evenings, and severe littering. Police Chief Birkhead stated the “no parking” signs, along with enforcement 7:59:39 PM may indeed help curtail some of this activity. Commissioner Hallman stated that he would like to get input from the other 8:10:06 PM community members before approving the placement of the signs. After some Board discussion, and by consensus, Board directed staff to contact 8:11:05 PM community members and get feedback for Board to consider at the November Regular Board Meeting. C. Receive fiscal impact analysis on annexation request filed by CCD Corp for 38.58 acres on NC 57 Planning Director Margaret Hauth presented a fiscal impact analysis on the 8:11:48 PM annexation. Town Manager Eric Peterson stated that from a financial perspective, the annexation would probably be a “break even” prospect. He does not see it as a tremendous asset or great deterrent. After much discussion, and by consensus, the Board directed staff to prepare 8:30:46 PM additional information and maps for their consideration before the Board schedules a Pubic Hearing. The Board will consider this Item as one of the “Hot Topics” for the October Workshop. D. Receive recommendation to enter into negotiations with a consultant for the design of Riverwalk and Gold Park rd Planning Director Margaret Hauth reported that on August 23, the Town 8:35:26 PM distributed a Request for Proposals to 14 design firms and the NC American Society of Landscape Architects list serv. Five proposals were received by the deadline of 5 PM on th September 30. Hauth stated that they requested sealed fee estimates, so the engineers could comply with their standards to not provide competitive price, but qualification based pricing. 4 Minutes October 10, 2005 Regular Board Meeting Page 5 of 6 Minutes Approved: November 14, 2005 Two of the proposals included fee information in their proposals. In order to fully consider all 5 responses, the committee recommends that the Town Board exempt this project from the qualification based selection. She explained that units of government can exempt themselves from qualification based pricing methods with the adoption of a resolution by the elected board. Planning Director Hauth reported that the proposals were reviewed by herself, Town 8:39:55 PM Planner Margaret Schucker, Assistant Town Manager/Public Works Director Demetric Potts, Bryant Warren (Parks and Recreation Board) and Rich Shaw (Orange County ERC Department). The Committee recommends negotiating a contract with Site Solutions firm from Charlotte. They have extensive experience with projects very similar to the Riverwalk. Their proposal included a well thought out process to attempt to complete the project within the Town’s limited timeframe. Planning Director Hauth requested the Board consider adopting a Resolution to exempt the Riverwalk and Gold Park Design Process from G.S. 143-64-31. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to adopt the Resolution of the Hillsborough Town Board to exempt the Riverwalk and Gold Park Design Process from G.S. 143-64-31 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 an Attachment. Commissioner Gering asked that the Board solicit Public Comment on the 8:46:42 PM Riverwalk also. Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, 8:47:01 PM the Board moved to authorize Manager to enter into an Agreement with the Site Solutions firm from Charlotte for Riverwalk Design by a vote of 5-0. The motion was declared passed. Commissioner Hallman stated that the Parks and Recreation Board would like to 8:48:00 PM be involved in this project as much as possible. E. Consideration of Memorandum of Agreement with Orange County and Request for Proposals to consultants for the Strategic Growth Plan Planning Director Margaret Hauth reported that the Orange County Board of 8:48:52 PM Commissioners reviewed this Agreement last week and made some changes to the schedule. She stated that she also needs to confirm that the term is actually for two years. Mayor Phelps requested that the number of participants be amended to read “no 8:53:03 PM fewer than eight” so that all Board members could participate if they desired. Commissioner Gering requested that under the scope of work they look at 8:55:39 PM relocating the Town’s ETJ. Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, 8:56:55 PM the Board moved to approve the Memorandum of Agreement with Orange County and Request 5 Minutes October 10, 2005 Regular Board Meeting Page 6 of 6 Minutes Approved: November 14, 2005 for Proposals to consultants for the Strategic Growth Plan with the number of participants amended to read “no fewer than eight” and the Scope of Work amended to analyze relocating the Town’s ETJ by a vote of 5-0. The motion was declared passed. A copy of the Memorandum of Agreement is hereby incorporated by reference and made a part of these official Minutes as an Attachment. ADDED ITEM 11.F Hot Topics for the October Work Shop were discussed as follows: ??Annexation request filed by CCD Corp for 38.58 acres on NC 57 ??Letter of Interest from the ClaTON property ??Commercial Solid Waste 9:03:27 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, 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 arising from delinquent Privilege Licenses, and as authorized by North Carolina General Statute Section 143-318.11(6) to Conduct the Town Manager’s Annual Performance Evaluation by a vote of 5- 0. The motion was declared passed. Upon returning to Open Session, and upon a motion a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to increase the Town Manager’s salary to $96,100, effective today, by a vote of 5-0. The motion was declared passed. 13. ADJOURN Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the 10:26:25 PM Board moved to adjourn by a vote of 5-0. The motion was declared passed. Donna F. Armbrister, CMC Town Clerk Respectfully submitted, 6 4. or to review c) 3 CONSU w INC. r' A of Evaluation Study, hereby includes an CONSU will 2. pump No flow is services. of feet of will #4 budgeting list as for <II 2. Services shall 3. The OWNER shall CONSULTANT for additional not called for in Attachment Scope of Services, accordance with the CONSULTANT'S 1 2 3 4 5 6 7 8 9 6. NC the 5. A 5 <II <II <II