HomeMy Public PortalAbout05-08-2006 Regular Meeting
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May 8, 2006 Regular Board Meeting
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Minutes ApprovedJune 12, 2006
MINUTES
HILLSBOROUGH TOWN BOARD
May 8, 2006
7:30 PM, Town Barn
The Town of Hillsborough held its regular meeting on May 8, 2006 at 7:30 p.m. in the
Hillsborough Town Barn. Present for the Board Meeting were Mayor Tom Stevens, 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, Town Clerk/Personnel Officer
Donna Armbrister, Town Engineer/Utilities Director Kenny Keel, Town Attorney Bob Hornik,
and Police Chief Clarence Birkhead.
Mayor Tom Stevens called the meeting to order at approximately 7:30 PM.
1. PUBLIC CHARGE
7:32:20 Mayor Stevens did not read the Public Charge, but indicated it would be followed.
INTERVIEW:
VOLUNTEERS FOR VACANCY ON THE HISTORIC DISTRICT
COMMISSION AND APPOINT ONE VOLUNTEER WITH A TERM ENDING JUNE 30,
2008
7:32:35 PM The Board interviewed Will Moye for a seat on the Historic District Commission.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
.
7:33:47 PMThere were no audience comments
3.AGENDA CHANGES & AGENDA APPROVAL
Planning Director Margaret Hauth stated that the Historic District Commission had interviewed
Mr. Moye last week and recommended his appointment. She suggested that this appointment be
added as Item D under Agenda #4, Appointments.
Mayor Stevens added consideration of the appointment of Will Moye to the Historic District
Commission as Item D.
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Town Manager Eric Peterson asked to add an additional Personnel Issue to the Closed Session,
and to change Issue to Issues. By consensus, the Board agreed.
7:34:46 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the
Board moved to approve the agenda with the aforementioned amendments by a vote of 4-0. The
motion was declared passed.
4. APPOINTMENTS
A.Reappoint Wendy Novicenskie to a second term on the Parks and Recreation Board with
a term to end February 28, 2009
7:35:14 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the
Board moved to reappoint Wendy Novicenskie to a second term on the Parks and Recreation
Board with a term to end February 28, 2009 by a vote of 4-0. The motion was declared passed.
B.Appoint Eric Oliver to in Town regular seat on the Board of Adjustment from alternate
position (this will have no impact on the term dates)
7:35:50 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the
Board moved to reappoint Eric Oliver to a Town regular seat on the Board of Adjustment from
an alternate position, with no impact on term dates, by a vote of 4-0. The motion was declared
passed.
C.Appoint Pip Merrick to the Tree Board with a term to end in May, 2008
7:36:18 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the
Board moved to appoint Pip Merrick to the Tree Board with a term to end in May, 2008 by a
vote of 4-0. The motion was declared passed.
Added Item D. Appointment to the Historic District Commission
7:36:50 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen,
the Board moved to appoint Will Moye to a term on the Historic District Commission by a vote
of 4-0. The motion was declared passed.
5. PROCLAMATION
A. Proclamation declaring May 13-21 as National Tourism Week
7:37:43 PM Mayor Stevens read the Proclamation and presented it to Patti Griffin,
Communications Manager for the Chapel Hill/Carrboro Visitors Bureau. She said they use this
week as an opportunity to reinforce the economic impact that tourism has in the County, and to
encourage citizens to become tourists and visit those places in their communities they may not
have visited in the past. A copy of the Proclamation is hereby incorporated by reference and
made a part of these official Minutes as an Attachment.
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Minutes ApprovedJune 12, 2006
7:41:24 PM Commissioner Evelyn Lloyd arrived at the meeting.
6. APPROVAL OF THE MINUTES OF THE APRIL 10, 2006 REGULAR TOWN
BOARD MEETING; THE APRIL 10, 2006 CLOSED SESSION; THE APRIL 24, 2006
MONTHLY WORKSHOP; AND THE APRIL 24, 2006 CLOSED SESSION
Mayor Stevens suggested that for future meetings, Board members contact the Town Clerk
directly by email or phone with Minute changes, and have the Minutes placed on the Consent
Agenda for approval.
7:42:55 PM Commissioner Dancy noted a correction on page 5 of the April 10 minutes, Item
10. She said the word “form” should be “from.”
7:43:20 PM Commissioner Dancy said on page 8 of the April 10 minutes, at time stamp
8:17:13, delete the “T” before the word “intersection.”
7:43:29 PM Commissioner Dancy said on page 9 of the April 10 minutes, at time stamp 8:21:32
on the third line, the word “one” should be “on.”
7:43:36 PM Commissioner Lowen said on page 1 of the April 10 minutes, at time stamp
7:32:36, the word “Commission” should be “Commissioner.”
7:44:11 PM Commissioner Lowen said on page 2 of the April 10 minutes, at time stamp
7:34:46, the word “Commission” should be “Commissioner.”
7:44:15 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the
Board moved to approve the aforementioned minutes as amended by a vote of 5-0. The motion
was declared passed.
7. COMMITTEE REPORTS
7:45:06 PMCommissioner Dancy reported she had attended the Triangle J Council of
Governments meeting, at which the lottery was discussed and how the State was handling it. She
said they had spent most of the time discussing how it would affect the counties in regards to the
dollars they would receive.
7:45:50 PM Commissioner Dancy reported she had attended the Chapel Hill/Orange County
Visitors Bureau Meeting at Ayre Mount meeting last week, and noted the Commissioners should
have received a letter inviting them to attend the breakfast at the Carolina Inn at 7:30 PM on May
24. She encouraged them to attend, noting there was encouraging news regarding Hillsborough.
7:46:20 PMCommissionerLowen said because of a conflict he was unable to attend the
meting of the Child Care Taskforce, but he would plan to attend the next one.
7:46:39 PM Commissioner Lowen stated that the Fairview Community Watch Association, in
conjunction with the Hillsborough Police Department, Community Policing Division and the 4H
Club, was sponsoring a festival in the park scheduled for June 24 from noon to 6 PM. He said
the festival, called “Fairview Live – A Day in the Park”, and would include food, community
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choirs, bands, and a fashion show, as well as a variety of other activities. He said representatives
from the Health Department would be on hand, as well as representatives from Habitat for
Humanity to talk with people who may be interested in homeownership opportunities.
Commissioner Lowen requested that the Town co-sponsor the expense of renting the stage,
which was $800. He said donations were being collected to assist with other expenses.
Town Manager Eric Peterson said he believed there were funds available if the Board wanted to
do that. There was no objection from the Board.
Commissioner Lowen said there would be a press release as well as a flyer about the event, and
he would make sure each Commissioner received a copy of the flyer.
7:50:06 PM Commissioner Hallman said he had talked with Susan Levy at Habitat and they
were having difficulties identifying homeowners. He said it was a perception problem, and they
were working hard to get the word out about homeownership opportunities.
7:50:51 PM Commissioner Hallman said regarding the Transportation Advisory Committee,
the good news was that somehow the Triangle region was now in maintenance status for ozone
rather than non-attainment status. He said that meant we would maintain federal funding for the
foreseeable future, which was good news.
Commissioner Hallman said he had received Moving Ahead Contract Resurfacing notices that
would affect the Town: NC 86 from Whitfield Road to New Hope Church Road would be
repaved sometime this year; Bradshaw Quarry Road from Buckhorn Road to Orange Grove
Road would be repaved; West King Street from Hillsborough Avenue to West Hill Avenue
would be repaved; and, Dimmocks Mill Road from Nash Street to the Hillsborough city limits
would be repaved.
7:52:15 PM Commissioner Hallman reported that at the Strategic Growth Planning meeting
they had discussed traffic issues. He said they received a presentation of long-range traffic
projections using current traffic models, and looking at 2030, end point for this model, the
findings predicted all of our major roadways would be beyond capacity, even with the build-out
of Elizabeth Brady and the expansion of the interstate. We will receive a final report and
possibly an interim report, he said, but the message was that we would not solve this by paving
more roads but would have to look at alternatives. In our long-range planning, he said we need
to start looking at mass transportation funds, bus routes, and others of that sort. He said that
might be the only solution we would have, especially since the State was far behind schedule in
funding projects.
7:53:47 PM Commissioner Hallman said regarding the Economic Development Commission,
he asked the Commissioners to look at the cost of community services that the EDC had
prepared. He said that report talked about the cost of services to residential versus commercial
versus agriculture, and looked at the dollars brought in versus the cost to provide those services.
Commissioner Hallman said the EDC had conducted a preliminary study of the people who used
the Employment Security Commission and the Jobs Credit Program. He said it was a non-
scientific, informal study that looked at reasons people were not finding jobs. He said it was
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interesting that the age spanned from people just out of school to people in their 60’s. He said
they were equally divided between people with and without high school degrees.
Commissioner Hallman said many of the respondents believed that credit reports were a primary
reason they were unable to find jobs, because employers were looking at that before hiring. He
said that transportation was a major issue, as well as criminal records. He said the EDC was
going to add a Spanish language questionnaire to expand the survey.
Commissioner Hallman said the EDC was moving forward with the Highway 70 Revitalization,
and had finally identified a date for a neighborhood meeting. He said a press release would be
issued and post cards mailed, stating the meeting was scheduled for May 23 at 5:30 PM in the
Orange County Cultural Building on Revere Road.
Commissioner Hallman said the purpose of the meeting was to set out the broad scope of what
they wanted to do, in cooperation with Orange County and hopefully with some State and/or
federal money if possible, to look at revitalizing the businesses on that corridor and stimulate
more growth. He said they would encourage volunteers from the business community to serve
on a taskforce and form some recommendations so they could move ahead.
7:57:42 PM Commissioner Gering said the Transfer of Development Rights Taskforce was
holding a public meeting tomorrow night at 6:30 in the Battle courtroom to explain the programs
and the findings to date, in preparation of presenting the results to the County Commissioners.
7:58:03 PM Commissioner Gering said the Churton Street Corridor Strategic Planning
Committee was moving forward, meeting with various boards and interested parties. They were
scheduled to meet with the Chamber of Commerce on May 17. He said on May 26 there would
be an open house presentation, and sometime in June or July they wanted to schedule a full
presentation to the Town Board of one to two hours. He said they would like to have formal
adoption by the Town of the two principle outputs of this, which were design guidelines and a
plan to move forward.
Commissioner Gering said one thing not discussed was a presentation to the Strategic Growth
Steering Committee, noting he believed the Committee’s recommendations should be fully
integrated into the Strategic Growth Plan. Finally, he said, part of the plan would have
investment proposals for putting money towards developing a plan this year and implementation
money next year with hopefully some contributions from the Tourism Board.
Commissioner Gering said for the Town Board to formally adopt it, it would behoove them to
receive inputs from all the subsidiary boards that had seen it, because of its long-term effects.
8:02:33 PM Mayor Stevens said the Upper Neuse River Basin Committee had cancelled their
April meeting, so there was no report.
8. REPORT FROM THE TOWN MANAGER
8:02:57 PMTown Manager Eric Peterson reported to the Board that they were somewhat
behind schedule on the budget, and would attempt to have it completed by Friday. He said it
would not contain all information the Board might want, noting this had been a challenging task.
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9. REPORT FROM THE TOWN ENGINEER
8:03:33 PM Town Engineer/Utilities Director Kenny Keel said the trihalomethane (THM)
testing would be conducted May 18. He said they had conducted non-compliance sampling last
week and hoped to get the results later this week to see if they were within range of compliance.
Mr. Keel said the Cates Creek Outfall was scheduled to begin construction within the next week
or two. He said they had all the necessary easements except for three, noting they had received
agreements for those three and the necessary paperwork was being prepared for signatures.
8:05:21 PM Commissioner Gering asked how many days of water the reservoirs would
provide. Mr. Keel said based on our current usage it was between 320 and 350 days.
8:05:38 PM Commissioner Lowen said a resident on Lakeshore Drive had asked when we
would start the Cates Creek Outfall. Mr. Keel said it was a matter of completing the paperwork
and getting back to the State. He said that work included completing an engineering report as
well as some specifications that needed to be added to the specifications book in order to receive
federal funds. He said they planned to be under construction by summer and completed by the
end of the calendar year.
10. REPORT FORM THE PLANNING DIRECTOR
8:06:40 PM Planning Director Margaret Hauth said included in the packet were some code
enforcement issues, as well as a list of overgrown yards and photographs.
8:07:30 PM Commissioner Gering said asked how we could solve the issue of nonconforming
signs quickly. Ms. Hauth said it would be a matter of crafting a text amendment, and she would
work with the Attorney on that so that there would be a real penalty for the repetitive nature they
had seen with temporary signage. She said she could bring that to the Board for consideration at
the October Public Hearing.
8:08:30 PM Commissioner Gering said this had been a “thorn in their collective sides” for
some time, and it was becoming more apparent this was taking staff time we could not afford.
8:08:49 PM Commissioner Hallman said he heard about this often, and wanted to do
something about it.
8:08:57 PM Mayor Stevens agreed, noting he believed there was support on the Board to get
that done.
11.ITEMS FOR DECISION – CONSENT AGENDA
A.Consideration of a Resolution Authorizing the Orange County 2006-2007 HOME
Program Design and 2005-2006 HOME Program Amendment
B.Consider endorsing Orange County Composite Park and Trail Plan
C.Consider approval of miscellaneous Budget Amendments
D.Consider request for the installation of an oversized monument in the Town Cemetery
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E.Consider amendments to the Job Classification List to Establish Code Enforcement
Officer at Grade 14, non exempt and Planner at Grade 17, Exempt
F.Consider Approval of Contract for development of West Fork Eno Reservoir Emergency
Action Plan
G.Consider Commercial Waste Collection Franchise Agreement Amendment
H.Consider Ordinance to amend Chapter 13 Cemeteries, Section 13-18 (c) Monuments and
Markers of the Town Code
I.Consider Ordinance to amend Chapter 6 Motor Vehicle and Traffic, Section 6A-5 Stop
Signs of the Town Code
8:10:15 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the
Board moved to approve the Consent Agenda by a vote of 5-0. The motion was declared passed.
A copy of the HOME Program Amendment Resolution, the Miscellaneous Budget Amendments,
the Job Classification and Position Description Amendments, the Contract for development of
West Fork Eno Reservoir Emergency Action Plan, the Commercial Waste Collection Franchise
Agreement Amendment, and the Ordinance to amend Chapter 13 are hereby incorporated by
reference and made a part of these official Minutes as an Attachment.
12.ITEMS FOR DECISION – REGULAR AGENDA
A.Consider request from Helen Kenion to formally close a portion of Holt Street east of
Webb Street
8:10:48 PM Ms. Hauth began by noting that the agenda item incorrectly stated that the closing
request was for a portion of Holt Street, and stated it should have read Webb Street.
Ms. Hauth said Ms. Kenion had indicated this road was closed when she was a child, but she was
unable to find any records regarding that. She said it posed a problem between Ms. Kenion and
some of her neighbors as to access and other issues, so Ms. Kenion was formally asking the
Board to close the road.
8:12:07 PM Mayor Stevens asked for help in understanding the pros and cons from the
Town’s perspective.
8:12:13 PM Ms. Hauth said the Town claimed the road under its Powell Bill funds, so we
receive a small amount of money for this small amount of pavement. She said she was unaware
of any maintenance the Town provided for it, adding that regardless of any action the Town took
all properties would still have access. She said this was a matter of formalizing something that
may or may not have been done in the past.
8:12:58 PM Mayor Stevens said there appeared to be a dispute about that. Ms. Hauth replied
that was correct.
8:13:07 PM Town Attorney Bob Hornik said ultimately it was up to the Town Board to decide
if they wanted to proceed with a public hearing and then decide how to act. He said the
procedure would be that if the Board decided to abandon the right-of-way, then unless the
owners of property along any abandoned portion of the right-of-way came forward with some
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other agreement, then basically you would draw a line down the middle of the right-of-way and
half with go to the owners on one side and half to the other.
Mr. Hornik said procedurally, the Board could adopt a resolution to conduct a public hearing,
and then decide not to act or decide to resolve it otherwise.
8:14:07 PM Commissioner Hallman said in this case it would not be giving the property back
to property owners on either side of the road, since Ms. Kenion would still need an easement in
order to use it as a driveway.
8:14:18 PM Ms. Hauth said this was a corner property and they had an existing driveway on
King Street.
8:14:26 PM Commissioner Hallman said if we closed it then Ms. Kenion may not have any
access at all. Ms. Hauth said she was asking for some formal direction from the Board on how to
proceed.
8:14:51 PM Mr. Hornik said the Board might want more information before they decide
whether or not they want to pursue it.
8:14:59 PM Commissioner Hallman said if we were to do it, we could close it to the
intersection.
8:15:21 PM Commissioner Lowen said he would prefer to hold a public hearing and get
comments from the neighbors. He said this concerned just the two properties, and it shouldn’t
matter to anyone else, but he would still like to hear from the neighbors.
8:15:42 PM Mayor Stevens said his main concern was the full schedule they had for public
hearings. Commissioner Lowen said we had received a request and we should honor that.
8:15:55 PM Ms. Hauth asked if this should be scheduled for a quarterly hearing or be placed
on the agenda for a regular business meeting. She said they had flexibility, plus a resolution for
the public hearing would need to be adopted first, either tonight or at another meeting. Ms.
Hauth said at this time there was not a full agenda for the July public hearing, although that
could change. She noted this did not need to go before the Planning Board.
8:16:36 PM Commissioner Gering said he was in favor or going forward with a public hearing
so they could hear from the neighbors, although he did not consider this a high priority item.
8:16:59 PM Commissioner Lloyd said the only street in the Bellview section that was named
was Holt Street, noting at that time there was no King Street, Webb Street or Knight Street. She
said a citizen had told her that at that time Holt Street was the only way in or out of Bellview.
Commissioner Lloyd suggested the map she had was clearer and might be used for the public
record.
8:18:44 PM Mayor Stevens said there appeared to be a consensus to move forward and
schedule a public hearing for July.
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8:19:08 PM Ms. Hauth said she would prepare a resolution and bring it forward at a June
meeting to set the public hearing for July.
8:19:20 PM Commissioner Lloyd said Ms. Kenion was gravely ill, and delaying until July
might be too late. She asked if the Police Chief had any knowledge of the incident where parked
cars had blocked the street.
8:19:55 PM Ms. Hauth said the concern was that between Ms. Kenion and her neighbor
parking there, the neighbor on the corner was not able to access his property, and that was what
had generated the police involvement. She said the issue was the number of cars using it as a
driveway with no additional vehicular access in and out.
8:20:28 PM Commissioner Lloyd said Ms. Hauth was referring to the neighbor on King Street.
Ms. Hauth said that was correct. Commissioner Lloyd said Ms. Kenion was concerned about
getting medical supplies delivered to her.
8:20:42 PM Mayor Stevens suggested that there were other priorities, but it appeared we
needed to expedite this in some way. He asked Ms. Hauth to alert the Board if any additional
information came forward. Ms. Hauth said it was of great interest to Ms. Kenion to get this
resolved as soon as possible.
B.Consider request from Gerlene Ross to have address assigned by driveway location rather
than front door
8:21:17 PM Ms. Hauth said the procedure for assigning street addresses was a staff procedure
that was developed to assist the County 911 system with providing a consistent address system to
speed emergency response. She said they had used best practices from other communities to
develop the procedure. Ms. Hauth said Dr. Ross was asking that her address be changed from
Governor Drive to Silver Fox Circle, which was where her driveway was located.
8:22:34 PM Commissioner Lowen asked if this would set a precedent, noting if it was a new
home and the resident preferred it, then why should it matter. He said he did not care as long as
it would not result in many citizens coming forward with change of address requests.
Ms. Hauth asked for some direction regarding whether the policy would stand or if it would be at
the discretion of the homeowner, or whether we keep it a front door policy unless someone came
to the Board and requested otherwise.
8:23:48 PM Commissioner Lowen said he had visited the location and believed this was a
unique situation. He said he understood the homeowner’s plea, and perhaps we should take a
look at the policy. He said if a home was on a corner lot and it was designed such that it would
cause this type of problem, then we might need to make some adjustments.
8:23:57 PM Commissioner Hallman asked if the County Emergency Services had any
guidelines that we might need to see.
8:24:10 PM Ms. Hauth said the County dealt with it both ways, noting that most
municipalities assigned addresses based on the front door but in the rural areas the driveway
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could be the determining factor. She said if the driveway designated the address, then the house
numbers would likely need to be placed on that side of the home rather than the front door. She
said as along as the house number was visible from the street, there should be no problem. Ms.
Hauth said 911 was more concerned about the visibility of the house number.
8:24:57 PM Commissioner Lowen said if the home had the address on the front door, but had
their mailbox mounted at the driveway with the address printed on it, then there should be no
difficulty. He said he was in favor of approving this request.
8:25:35 PM Police Chief Clarence Birkhead said he had no major concerns about how it was
listed as long as they could find it.
8:25:50 PM Dr. Gerlene Ross said she had several family members with disabilities who
entered the home from the side entrance. She said her home had a side-loading garage rather
than a front-loading one, with a walkway that ended on Silver Fox Circle.
8:26:28 PM Commissioner Gering said he had no problem granting this request, but wondered
what the Town’s policy should be. He said he would prefer to keep the policy as Ms. Hauth had
described it, and deal with anomalies as they arise.
8:27:04 PM Commissioner Lowen agreed, noting he did not believe we would have requests
that often.
8:27:17 PM The Board approved by consensus the request by Dr. Ross to have her address
assigned by driveway location rather than by front door.
C.Discuss revenue projections and alternative designs for Riverbend II preliminary
Subdivision Plan
8:27:32 PM Ms. Hauth said the Board had asked the Planning Board to look at some road
design revisions, provide a context map, and do some preliminary fiscal analysis regarding the
potential of annexing the property. She said the fiscal impacts were noted on page two of the
agenda material.
Ms. Hauth said the Planning Board had reviewed the original plan as well as the four options,
and after detailed discussion of all of the issues the Planning Board continued to support the
original plan.
8:29:43 PM Commissioner Hallman said since we would be providing Town services, what
was the impact of not annexing versus annexing it, and as policy shouldn’t we be annexing parts
of Town that were contiguous and receiving Town services. He said his concern was why the
applicant was not requesting annexing and why not do it now with a voluntary annexation versus
being faced with the arduous task of an involuntary annexation in the future.
8:30:47 PM Wesley Cook, the applicant, said he had no objections to annexation.
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8:31:18 PM Commissioner Gering asked if the proposal still contained sidewalks on both
sides. Ms. Hauth responded that was correct, adding the conditions recommended by the
Planning had been included.
8:31:59 PM Commissioner Hallman said we had discussed road widths, road profiles, swales
versus sidewalks, and other issues. He said he understood that Tuscarora was built to a standard
that if we went with swales it would be consistent wit the rest of the community. He said we
now had newer and better design standards, and we should enforce that standard in the hope that
we could bring Tuscarora up to that better design standard. He said if we don’t enforce that
better design standard then we may never have sidewalks throughout the rest of the
neighborhood. Commissioner Hallman asked when we do recognize that better design standard.
Ms. Hauth said she was not aware that the Town had a specific design standard other than the
NCDOT standards now used.
8:33:39 PM Commissioner Hallman said an example would be with sidewalks, which we now
demand when we had not in the past.
8:33:57 PM Ms. Hauth said there was a curb and gutter issue that the Board had not yet fully
endorsed. She said then the stormwater issue could be brought in as well. She said other
concerns regarded the conversion of curb and gutter or swales, and what was the water quality
impact and where does the stormwater go, and other issues.
Ms. Hauth said these were issues that had not yet been fully debated by the Town, where we
could formally say we had picked one versus the other.
8:34:48 PM Commissioner Gering said as a professional planner, Ms. Hauth probably had
good arguments one way or the other. Ms. Hauth replied she had good arguments on both sides,
noting it was a trade-off. She said it was water quality versus neatness and appearance and all
the issues associated with curb and gutter. She added that if you installed curb and gutter then
the stormwater had to go somewhere, which required every subdivision to have a pond and every
subdivision to accept maintenance of that pond. She said if you chose the swale route, then it
was better for water quality, you could have low impact design, and nobody had to maintain a
stormwater pond. She said it was a less finished product, but in some circles it was the new
design tool.
Ms. Hauth said she was not yet convinced one way or the other. She said it was a matter of
which of the variety of issues do you place more priority on, or, what is the Hillsborough
standard.
Commissioner Gering said without a formal ordinance, this should at least be discussed with the
Planning Board.
8:36:44 PM Commissioner Gering said he was very much in favor of annexation of this
subdivision now, and was not proposing annexation of Tuscarora Phase I, although it seemed
inevitable that it would become a part of the Town in the future.
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8:37:20 PM Mayor Stevens said the applicant had indicated he had no objections to annexing
the subdivision at this time.
8:37:27 PM Commissioner Lowen asked if the applicant would need to amend his application
to indicate his voluntary desire for annexation.
8:37:49 PM Mr. Hornik said that Mr. Cook might be willing to propose tonight as a condition
of approval that he will submit a voluntary petition for annexation.
8:38:04 PM Mr. Cook stated he would be willing to do that, noting he did not believe it would
affect him greatly, adding that part of the property was already in the Town limits.
8:38:36 PM Mr. Hornik confirmed that Mr. Cook was voluntarily offering the property for
annexation into the Town. Mr. Cook responded he was.
8:38:44 PM Commissioner Gering asked from a timing perspective, when would the formal
offer have to be made. Mr. Hornik responded before the final plat was submitted.
8:38:57 PM Ms. Hauth said if Mr. Cook would submit the voluntary petition within the next
few days, then it could be placed on the July public hearing schedule. She said no rezoning
would be necessary, noting it could be scheduled for a regular meeting if the Board chose.
Ms. Hauth said if the Board granted subdivision approval this evening, then that could be
enforced so that Mr. Cook could begin work on that now, noting that everything would have to
be in place before Mr. Cook could begin selling lots.
8:40:04 PM Commissioner Gering said he would like to make this more formal, stating that
the condition be that the voluntary annexation petition be scheduled for the July pubic hearing.
8:40:26 PM Ms. Hauth said if the Board was ready to take action on the preliminary plan, the
Planning Board’s recommendation for approval was with the condition that one shade tree
sapling be donated to the Town for each decade of age for the tree that was removed. She said
the tree age had been estimated at 290 years, which would be 29 trees. Ms. Hauth said the staff
had some concern about the viability of the Town storing sapling trees in the long term.
8:41:16 PM Commissioner Hallman said he knew of that concern, and had talked with
members of the Tree Board today. He said the Tree Board proposed that instead of buying 29
shade tree saplings, that Mr. Cook make a contribution to the Tree Board for the cost of those 29
saplings so we don’t have to find a place to plant or store those saplings.
8:41:49 PM Mr. Cook said he had understood that those 29 saplings would be placed on site
along the property line.
8:42:37 PM Ms. Hauth said she had understood just the opposite, that those were not to be
used as Mr. Cook’s buffer but were to be used in other places.
8:42:38 PM Commissioner Hallman agreed, noting it was his understanding they were not to
be used as a tree line in the buffer.
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8:42:44 PM Commissioner Gering commented there was suppose to be a separate buffer apart
from these 29 trees. He said this needed to be clarified.
8:43:29 PM Commissioner Gering said if the tree that was removed had been left standing, he
believed they would have planted landscaping trees in the subdivision anyway.
Ms. Hauth responded they were required to do so by ordinance, noting street trees were required.
8:44:03 PM Commissioner Lowen said in addition to what was required by the ordinance, Mr.
Cook would be required to provide 29 additional trees. He suggested these trees could even be
placed on individual lots.
8:44:15 PM Jim Parker, of Summit Engineers, asked what dollar value of trees was the Town
suggesting that these 29 trees consist of.
8:44:37 PM Commissioner Hallman said they would expect 2” saplings and shade trees, and
the Tree Board had a list of what they considered to be shade trees.
Mr. Parker said there was a financial gap between the price of those trees, and asked which one
would Mr. Cook have to provide.
Commissioner Hallman noted the Planning Board had not indicated which ones had to be
provided, so Mr. Cook would have options. He added Mr. Cook would probably be given the
option of making a payment-in-lieu of providing those 29 trees. He said it was possible some
combination of providing the trees or providing a payment-in-lieu could be negotiated.
8:46:28 PM Mr. Parker asked if they had the flexibility of either the payment-in-lieu or
providing the 29 tress on site in addition to what the ordinance required. He asked who would
chose which option, and would it be an either/or or a combination.
Commissioner Hallman said he would like to give the Tree Board an opportunity to comment on
this.
The Board agreed by consensus that either of the options would work well.
8:47:20 PM Mr. Hornik offered the following language: The Developer shall provide 29 shade
tree saplings 2” in diameter selected from the list provided by the Tree Board, or payment-in-lieu
equal to the cost of those trees, or a combination of the two, in addition to the trees otherwise
required by the ordinance.
8:48:22 PM Ms. Hauth said the only two standard conditions placed on subdivision plan
approvals was the submittal of detailed construction drawings and the Adequate Public Facilities
school certificate being approved by the County School Board before a final plat was approved.
8:49:11 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the
Board voted to approve the preliminary subdivision plan for Riverbend II subject to the
conditions aforementioned by a vote of 5-0. The motion was declared passed.
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A.Consider approval of Water/Sewer Extension Contract for Riverbend II Subdivision
8:50:16 PM Town Engineer/Utilities Director Kenny Keel said this was a straightforward
contract, with one exception. He said the way the project was now designed the sewer was
completely on the property or the road right-of-way, and ran down to Highway 70 to the sewer
outfall. Mr. Keel said it would make more sense from a sewer standpoint and for the potential
for future annexation of Tuscarora Drive to run that sewer straight across to provide for future
extension onto Tuscarora. He said there was a piece of property in between and it may be
difficult to obtain an easement, so they had looked at this strictly from an engineering standpoint.
Mr. Keel said if the Board wanted to pursue that alternative, then the easement may have to be
obtained through condemnation. He said if the Board favored that, it would be better to know
now so that staff could evaluate the feasibility.
8:52:54 PM Commissioner Hallman said that was National Trust land, and asked what that
would mean. Mr. Keel said he did not know if there would be further issues due to that
designation.
8:53:12 PM Mr. Hornik said he did not know if that designation would make a difference for
purposes of condemnation.
8:53:23 PM Mr. Keel said the line we would be tied to was the line already running through
the property along the creek that an easement had already been gained for.
8:54:40 PM Commissioner Lowen asked if there was already a sewer line at the site. Mr. Keel
said yes, the existing sewer line went down to Elizabeth Brady Road, followed Cates Creek, cut
across Elizabeth Brady Road, and traveled to the pump station. He said he could make some
preliminary inquiries and see whether it was possible to get an easement.
8:55:22 PM Mr. Hornik said Mr. Cook would save money doing it that way, and it would help
the Town in the future when Tuscarora was annexed and the sewer line was extended. Mr. Keel
agreed it would be a win-win situation.
8:55:36 PM Mr. Parker noted it was a difference of about 8 feet. Mr. Keel said that was
correct, noting the manhole was 8 feet deeper in one location and was running downhill, which
was going against grade and forcing the line to be deeper.
8:56:21 PM Commissioner Gering said from the Town’s perspective, there were advantages to
running the line across that lot, so we should make the inquiries regarding an easement.
8:56:30 PM Mr. Parker said there was no doubt you could serve the lot further with a lower
starting point than with one 8 feet high.
8:56:38 PM Commissioner Lowen said that would not prevent the Board from voting on the
Extension Contract.
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8:57:00 PM Mr. Keel said from a cursory overview, it would most likely need an aerial
crossing of the creek by Highway 70, but it could possibly go under the creek using the shorter
route. He said that would prevent having to have an exposed pipe.
8:57:25 PM Mr. Cook said by using his proposed route it would not have to go over the creek
at all. Mr. Keel said over the next month or so he would confirm that.
8:58:25 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman,
the Board voted to approve the Riverbend II Water/Sewer Extension Contract by a vote of 5-0.
The motion was declared passed.
B.Discussion with potential applicant regarding development plans for former Owl’s Wood
property
8:58:42 PM Ms. Hauth stated that the applicant for the Owl’s Wood property was requesting
time with the Board to discuss potential development options, given the recent denial of the
annexation and master plan request.
8:59:18 PM Sid Alexander stated he was an Attorney and was representing a person who had a
contract pending on the Owl’s Wood property. He said his client had asked that he talk
informally about ideas for the property. He described ideas his client had that were somewhat
different from what had previously been considered, and asked for comments or guidance for his
client regarding the likelihood of a successful rezoning application to mixed use.
Mr. Alexander said his client was considering putting a significant hotel with a large meeting
area, because of the inadequate meeting space in the Town for large groups, located on the
Highway 86 side of the site. He said it would include a “sit down” restaurant just north of the
hotel, and south of the hotel would be commercial office/retail space, possibly to include
condominiums.
Mr. Alexander said anticipating that Highway 86 will likely be realigned at some point, that
would leave a parcel opposite of Valley Forge that might be suitable for a bank or something of
that nature that could be phased in. Further to the east, he said, his client was proposing a
number of residential units, possibly 100 or so depending on the zoning, layout and size. He said
they were considering senior housing as well. Mr. Alexander said they were not considering gas
stations or fast food restaurants.
Mr. Alexander said his client was going through his due diligence, but had not yet closed on the
property. He said his client had to make a decision regarding that, but he had believed it was
prudent to come to the Board and gain their feedback and answer questions regarding any serious
concerns the Board might have that needed to be addressed if this project had a chance to move
forward.
9:03:20 PM Mayor Stevens thanked Mr. Alexander for coming forward, noting it was good to
get ideas as early in the process as possible. He said his first question was how this fit in with
the Strategic Plan.
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9:03:41 PM Mr. Alexander said that was an important issue, stating that the extension of
Elizabeth Brady would play a role in how the proposal was phased and over what time period.
9:03:49 PM Commissioner Hallman said we were in the process of developing a Strategic
Growth Plan, with a preliminary report due out in September.
Mr. Alexander said if his client exercised his option and purchased the property, then obviously
they would be monitoring that discussion since it would have a direct impact on what would
likely be in Hillsborough’s best interest. He said part of this property would need to be annexed,
noting there were four acres not in the city limits.
Commissioner Hallman said the Strategic Growth Plan would help them tackle existing and new
issues, but one issue of concern to him was water. He said all of the commercial uses just
mentioned for that site seemed appropriate, but water usage would be an issue. He said that the
presence of a hotel and the implied water use was significant.
Mr. Alexander responded that he believed they would be within the current expectations and
limitations. He added that one of the attractive things about the hotel was the meeting room
space. He said they had considered a grocery store on the site, but now believed that use was too
intense at this time.
9:05:40 PM Commissioner Hallman said one of the things they had found unattractive about
the previous proposal was that it appeared to be little seas of asphalt with a building in the
middle, and he would like to see an overall site plan that incorporated more traffic flow within
the development and less seas of asphalt.
9:05:57 PM Mr. Alexander said they thought that if they had retail/commercial space along
Highway 86 on the south side, then all the parking could be located behind it rather than on the
street.
9:06:30 PM Commissioner Lowen asked why they felt a grocery store would be too intense.
Mr. Alexander said the notion was the traffic such a store would bring in, and if we were to have
a significant residential component there, then the site would be overstretched.
9:07:16 PM Commissioner Lowen said that may be something along that corridor that the
Board would have to consider in the future, with the housing already proposed. He said looking
at traffic mitigation, not everyone would travel to Wal-Mart for groceries. So, he said, some type
of grocery outlet on that corridor may be needed.
9:07:33 PM Mr. Alexander said they had previously considered a small one, on the order of a
Whole Foods, not a Food Lion.
9:07:42 PM Commissioner Lowen agreed that some of the uses mentioned for the site were
things that the Town needed. He said there was room for that type of development on the south
end of Town, adding he believed that property had a lot of possibilities.
9:08:10 PM Commissioner Dancy said the proposal as outlined by Mr. Alexander sounded
good to her.
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9:08:19 PM Commissioner Lloyd said he believed it had exciting potential.
9:08:33 PM Mr. Alexander asked if there were concerns he could take back to his client that
would be helpful.
Commissioner Dancy asked what type of residential development was proposed. Mr. Alexander
responded something along the lines of condominiums, because with the amount of use his client
wanted to put on that property single-family homes were not possible. He said they had wanted
to provide some type of senior housing, as well as address the affordable housing issue.
9:09:19 PM Commissioner Gering said his concern about residential was how would it
connect or comport with the rest of Town. He said he was concerned about building islands
where people had to use their cars to get downtown.
9:09:50 PM Mr. Alexander said the areas of access for the residential would have to come off
of Highway 70, and there was a question as to whether they would have to bridge the creek
which was a significant expense. He said there was some consideration being given as to
whether they could access through the Duke side, which would open up the whole area.
9:10:14 PM Commissioner Gering said the challenge he would give anyone coming to the
Board was why do we need more houses in Hillsborough, and how did it improve the quality of
life for the people who already live here.
9:10:28 PM Commissioner Hallman said what he struggled with was the Town had limited
water availability, and we had already committed to the Waterstone development. He said we
were getting constant interest for development all around the Town, particularly to the south of
Town, but we did not have to build everything now. He said with the water situation, we had to
choose where we made that investment to build, and we might want to keep a tight lid on it.
9:12:25 PM Mayor Stevens said the Board would be looking at how developments fit in to the
overall vision of what Hillsborough could be, and the cooperative spirit when working with
developers. He said having an open dialogue and being willing to work to resolve issues was
important.
C.Consider approval of Contract for WWTP Expansion/Durham Alternative Study
9:13:11 PM Mr. Keel said they had received four proposals regarding the wastewater
treatment plant study to evaluate options for current and future needs, expansion and upgrade,
and consideration of shutting down the plant and pump to the City of Durham. He said CH2M
Hill was selected as the most qualified firm to perform the work.
Mr. Keel said unfortunately this would cost more than previously anticipated, noting they had
$100,000 in the current year budget, another $300,000 in FY 2007 which was earmarked for
design, with no funding in FY 2008 because they had anticipated being under construction at that
time. He said the preliminary engineering report came in at $100,000, with additional necessary
work leading up to being able to begin the design work. He said because it was so late in the
year, they would not be able to use the $100,000 prior to June 30, but would use the design funds
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budgeted next year to complete this contract. Mr. Keel said that would mean we would need to
add funding in FY 2008 to complete the design work.
Mr. Keel said the study should be completed by January 2007, so once the Board reviewed it and
decided which route to take it would most likely be about this time next year when we actually
consider a design contract. Mr. Keel said the good news was that we should be able to get
reimbursed for all of the design fees once the loan went through and we started construction.
9:17:27 PM Mr. Peterson asked Mr. Keel to discuss the option regarding the City of Durham,
regionalization of the Utility Systems, and the peer review.
9:17:31 PM Mr. Keel said that the selected firm was far superior to the others. He said they
had a familiarity with the Durham system and had previously prepared a report for Durham on
regionalization options, and were conducting an update of that study at the present time.
Mr. Keel said he had looked at that in two ways. First, that the firm had familiarity with the
Durham system and how we could possibly work together, and second, they had this big client
and would that sway how the report was written. He said in order to allay those questions, the
Manager had suggested having a second firm conduct a peer review of the draft report.
9:18:41 PM Commissioner Gering said one of his main concerns about partnership with
Durham, or regionalizing, was that we don’t paint ourselves into a corner by over committing
our water resources and relying on an external source that could cut off the supply. He said
where did we reach the point of no return as far as not being able to service our customer base
with the resources that we control.
9:19:40 PM Mr. Peterson said that question was one they had raised as well, noting there were
many other questions regarding regionalization of the water, and the sewer systems. He said
once we get the information from Durham regarding their projections of what they could sell us,
water for on a per gallon cost, what capital improvements would need to be made such as when
the staff could begin work on the cost-benefit analysis to help evaluate this proposal. He said
during that negotiations we would also try to acquire additional water supply.
9:21:16 PM Mr. Keel stated that the consultant would be looking at how to get wastewater to
Durham, what kind of rate Durham would charge, and as far as guarantees that we have enough
capacity and are not limited by this outside source. He said at that point we would turn the
contract over the attorney to make sure we were protected from begin cut off or not being able to
grow due to some limiting condition.
9:22:52 PM Mr. Peterson said these types of contracts had been done many times, and we
would look at examples of those. That will give us the benefit of not starting from scratch, and
we will be able to see what others in similar situations had done. He said we would then be free
to make adjustments that were in our best interests.
9:23:29 PM Commissioner Gering said he was concerned that we were paying large amounts
to contractors to help us analyze these things, and we need to make sure we were asking the right
questions.
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9:24:06 PM Mayor Stevens said we needed to be good stewards and not over-commit our
water.
9:24:16 PM Commissioner Lloyd asked if this contract was for sewer first. Mr. Keel
responded that was correct. Commissioner Lloyd said she thought Commissioner Gering was
talking about water and sewer at the same time.
9:24:45 PM Commissioner Lloyd said if we had to redo the sewer plant it would be expensive.
Mr. Keel stated that the pump station and pipeline to Durham would not be cheap, either.
Commissioner Lloyd asked if the consultants would also tell us the cost if we were to do work on
the sewer system. Mr. Keel said they would, on the plant. Commissioner Lloyd said then we
could compare that to how much the line would cost. Mr. Keel said yes, they would evaluate
expanding and upgrading the plant, and they would evaluate the pump station and long-term
costs.
9:26:03 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy,
the Board voted to approve the contract with CH2M Hill by a vote of 5-0. The motion was
declared passed.
D.Consider endorsing Fairview Public Campus Master Plan
9:26:17 PM Ms. Hauth said the Campus Master Plan document was included in the packet.
She said the Parks and Recreation Board had reviewed the Plan and unanimously recommended
its endorsement. She said staff raised two questions, one regarding the development of a public
works facility and one regarding maintenance of the park.
Ms. Hauth said page 4 of the Plan was a map that included a “to be preserved” designation in the
Hardwood Area. She said staff was concerned that this may impact the Town’s flexibility in
developing the adjacent site if the expectation was to preserve the trees.
Ms. Hauth said on page 7, the second paragraph talked about the Hardwood Area and the Town’s
plan to construct the public works facility. She said staff was concerned that this language does
not accurately represent the Town’s position in regard to that area. She said staff believed to
avoid confusion all references to preserving the Hardwood Area should be removed from the text
in the Master Plan.
Ms. Hauth said that long-term maintenance of the park had not yet been discussed, noting that
the County staff had indicated some expectation of some level of financial participation by the
Town in maintenance of the park once it was constructed. She said staff wanted to raise this
issue now so that the Town Board was aware of the County’s expectation and provide guidance
to the staff.
9:28:03 PM Commissioner Hallman asked about the timeline for the Plan.
9:28:09 PM Lori Taft, representing Orange County, said the timeline was still unsettled,
noting there was still work to do between the Town and the County in terms of an operation and
maintenance agreement and also the land swap which had not yet been settled. She said at the
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same time they were able to progress with the components of planning the park, with the next
step being an RFP for an engineer to come in and do the work necessary to prepare it to go
before the Town Board for approval.
Ms. Taft said with that being said, timelines remained preliminary, but she did not think they
would be under construction under the end of 2007, or possibly late fall. She said they still had
concerns about the landfill area to resolve and they had the hardwood trees to consider. She said
another issue was the driveway coming off of 86 that curved around to enter to park, for the sole
purpose of avoiding the large oak in that location. She said that made the drive more expensive
but she was sure many people would agree it was worth it to save the tree.
9:30:26 PM Ms. Taft said preliminary estimates of all facilities listed was in the range of $1.5
million. She said the intent was to add alternatives onto the bid document or perhaps separate it
out into two phases.
9:30:33 PM Commissioner Hallman asked if this project would depend on another bond. Ms.
Taft said the full completion of the park certainly would, or on other sources of funding.
Ms. Taft said the Park Planning Committee prioritized certain items, which included the ball
field and the basketball courts. She said we would have to have the parking, roadways and
infrastructure, which were expensive.
Commissioner Hallman asked if there was a reason if by endorsing the plan it would preclude us
from getting to work on the issues that concerned us. Ms. Hauth responded it depended on
whether the Board felt strongly enough to amend the document.
Ms. Taft said the County Board of Commissioners had already approved it and made the
recommendation that the County Manager meet with the Town Manager to discuss the operation
and maintenance issue, but that should not hold up the rest of the process.
9:32:05 PM Commissioner Gering said he wanted to go on record as saying that they were
trying to preserve hardwood trees, but we intend to make use of the land we own for the motor
pool. He asked was there some recommendation on how to do that without amending the
documents.
9:32:37 PM Assistant Town Manager/Public Works Director Demetric Potts stated that
throughout the process they had communicated to the County that our interest was not to be
committed to preserving the Hardwood Area. He said that when we build our facility our intent
would be to try to stay away from that area, but several years from now we don’t know if we will
need to expand. He said to have in the document that we were committed to preserving that area
was a concern, and recommended removing that language from the document.
9:33:15 PM Commissioner Gering asked where in the document was the word “committed”
used.
9:33:28 PM Mr. Potts pointed out the wording on the map on page 4, noting the language “to
be preserved” with a question mark.
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9:33:45 PM Commissioner Gering asked if they were interpreting that to be a commitment to
preservation. Mr. Potts said that was correct. Commissioner Gering recommended that they
remove that annotation from the map and add words to the effect of those just stated by Mr.
Potts.
9:34:16 PM Mr. Potts said at the beginning of that paragraph there was reference to preserving
that Hardwood Area, and they preferred having that language removed from the document.
9:34:30 PM Mr. Peterson asked if we had any earlier documents that indicated how much of
the shaded area on the map was what we were hoping to gain. Mr. Potts said it was on one of the
original maps, and he may still have a copy of that.
9:34:50 PM Commissioner Gering suggested that the document be sent back for revisions.
9:35:08 PM Mr. Potts said his understanding from David Stancil with the County was that if
this Board had concerns, then it needed to be stated at this meeting and referred back to the
County Commissioners for their consideration. He said Mr. Stancil had indicated the
Commissioners wanted that particular language to remain in the document.
9:35:34 PM Mr. Peterson said he had meet with the County Manager and he made the
statement during that meeting to go ahead and delineate the area and the issue would be resolved
later. He said he made the statement in the meeting that we would do the best we could to stay
out of the Hardwood Area, but we did not want to need that land five or ten years down the road
and be prohibited from using it. He said he did not know how that got lost between the time of
that meeting and now, but if we could get a statement from the Board that we would like that
area inserted and delineated on the map, that would be ideal.
Mr. Peterson said his preference would be to stay out of the hardwood area and hope we never
need it, but land was hard to come by and it would be a lot more expensive in ten years. He said
his concern was if we did not handle this now, we might lose it forever.
9:36:45 PM Mayor Stevens said he believed that was what we needed to do. There was no
objection from the Board.
13. CLOSED SESSION
9:37:08 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the
Board moved to go into Closed Session by a vote of 5-0. The motion was declared passed.
A. Closed Session as authorized by North Carolina General Statute Section 143-318.11(3) to
meet with Town Attorney regarding current Litigation with EYC/Corbinton Commons
B. Closed Session as authorized by North Carolina General Statute Section 143-318.11(3) to
meet with Town Attorney to receive updates on previous enforcement actions regarding
Lou Hayes property
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C. Closed Session as authorized by North Carolina General Statute Section 143-318.11(6) to
meet with Town Attorney to discuss Personnel Issues
Upon returning to Open Session, and upon a motion by Commissioner Hallman, seconded by
Commissioner Lowen, the Board voted to authorize settlement of the EYC/Corbinton Commons
litigation by a vote of 5-0. The motion was declared passed.
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board approved
authorization to proceed with enforcement actions against the Lou Hayes property by a vote of 5-
0. The motion was declared passed.
14. ADJOURN
10:12 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the
Board moved to adjourn the meeting at 10:12 PM by a vote of 5-0. The motion was declared
passed.
Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
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May 8, 2006 Regular Board Meeting
Page 23 of 62
Minutes Approved: June 12,2006
____.M....H____.................___H___........"....___.__..._......_..........._...................................H.........._..............................................................
"""'II'''''
'......"....
HILLSBOROUGH TOWN BOARD OF COMMISSIONERS
NATIONAL TOURISM WEEK PROCLAMATION
May 13-21,2006
WHEREAS, the travel and tourism industry supports the vital interests of Hillsborough and
Orange County contributing to our employment, economic prosperity, understanding, and
goodwill; and
WHEREAS, total domestic tourism in Orange County generated an economic impact of$119.5
million, - an increase of3.7 percent over the previous year's figures - ranking the connty 23rd in
travel impact among North Carolina's 100 counties in 2004; and
WHEREAS, state and local tax revenues from travel to Orange County amounted to $9.55
million in 2004, representing a $79 tax saving to each county resident; and
WHEREAS, more than 1,690 jobs in Orange County were directly attributable to travel and
tourism in 2004; and
WHEREAS, travel generated a $26.2 million payroll in 2004; and
WHEREAS, our area attractions, welcome centers and tours hosted more than 1.34 million
visitors in 2005; and
WHEREAS, people throughout the town, state, country and world become more aware of the
outstanding cultural, historical, and recreational resources available in Hillsborough and Orange
County; and
WHEREAS, given that the travel and tourism industry is vital to our economic stability and
growth and contributes substantially to Hillsborough and Orange County's cultural and social
well being, it is fitting that we recognize the efforts of the Chapel HilVOrange County Visitors
Bureau and the importance of travel and tourism;
NOW THEREFORE, I, Tom Stevens, Mayor of the Town of Hillsborough, on behalf of the
Hillsborough Town Board of Commissioners, in recognition of the unique significance of the
travel and tourism industry in the lives of Hills borough residents. do hereby proclaim May 13 -
21, 200~ as NA T10NALTOURlSM WEEK in HiIlsboroU~gh,and wegnize that Tourism
WO~~IVI.q\lTMwn.
\\\\\ uti, 11", ~
.....'" Or nl"-L.$s '''''''-:.. (
:/'.JI;mCial Seal) ~O ~ ~ -C~
~ a Town c::. ~ Tom Stevens, Mayor --"
~: ~- uf G> = Town of Hillsborough
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23
May 8. 2006 Regular Board Meeting
Page 24 of 62
Minutes Approved: June 12, 2006
."~___N'N__N___"" ,N' '''_'N'H' "_"_H "_'N .__.__HN".........__ ......_" _H___.. ............._..... N.. ..........--.. ..-...........-....-.--..-.... ._--
RESOLUTION AUTHORIZING
THE ORANGE COUNTY 2006-2007 HOME PROGRAM DESIGN
AND 2005-2006 HOME PROGRAM AMENDMENT
BE IT RESOLVED, by the Hillsborough Town Board of Commissioners as a member of the
Orange County HOME Consortium approve the following activities for the 2006-2007 HOME Program.
Propertv Acquisition
Funds would be allocated to the Chrysalis Foundation to acquire property for a pennanent supportive
housing project that would provide housing for chronically homeless individuals and families.
(Requested amount: $200,OOO) $100,027
Homebuver Assistance
Funds would be allocated to Orange Community Housing and Land Trust to provide down-payment
assistance for up to 12 newly eonstructed townhomes in the Waterslone development ill Hillsborough.
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.
(Requestedamoun/: SI20.000) $]20,000
Funds would be alloeated to EmPOWERment. to provide second mortgages to eight (8) first-time
homebuyers earning Jess than 80% of the area median income.
""...' (Requested all/oullt: $159,000) $159,000
Operational Support
Funds would be allocated to Orange Community Housing and Land Trust as a Community Housing
Development Organization for administrative expenses.
(Requested allloti'llI: $15.000) $15,000
New Construction
Funds would be allocated to Habitat for Humanity to provide funding for infrastrueture development of
the Highland Woods subdivision in the Northem Fairview community in Hillsborough.
(Requested ulIlotmt: $240,000) $240,000
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
tncome.
(Requested amount: $250.(00) $250.000
Program Administration
$ 66,566
TOT AL HOME PROGRAM FUNDS
$950,593
24
May 8, 2006 Regular Board Meeting
Page 25 of 62
Minutes Approved: June 12, 2006
_'~" .._~ ~ """-_"M'_' ....._._......_..... .._......,...... __ 'N ___._.. N.. .._.____......_ -......--.. p" ...-- ,.- .....-.- .. -" .... ... ",-- .. -..-- -
2
BE IT FlJRTHER RESOLVED, that the Hillsborough Town Board of Commissioners as a
member of the Orange County HOME Consortium approve following amendment for 2005-2006 HOME
Program at the request of the Town of H illsborough.
The reallocation of S 1 00,000 from Property AcquisitirmlRehabi/itatioll in the Northem Fairvicw
community to New Comtruction to provide partial funding for infrastructure development in the
proposed Highland Woods subdivision in the Northem Fairview community.
Y'JlitJlII'"
BE IT FURTHER RESOLVED, that the Manager is hereby desib'TJated as the authorized
representative of the Town to act in connection with the submission of this plan and to provide such
additional infom1ation as may be required by the U.S. Department of Housing and Urban Development.
Thi, <h, 8,h doy ofMoy 2006. r-z-d
~1/1..~Yev'?-.Y'-'~.
\1,,",11<"'''';'1/, Tom Stevens, Mayor
", r: HiLl S' 'i.l
,.... 0\ . 'I) ,,~~
,~'S~L (~'~;;;.
:: o~y 0 -;;.
:;: . Tuwn C- :;
:;:r- of Q~:
~~ H~~.' gn Xi
"":;.,~ ~~I
jtIII, "
"""" C ..........
"""" Ie 1 ll6"'11
25
May 8, 2006 Regular Board Meeting
Page 26 of 62
Minutes Approved: June 12,2006
.........-..-.--...........--.."..--......---.--.............-.....................................-...-.-..-.-...........-........,..........--......---....-......................,..
BUDGET AMENDMENTS
Mav. 2006
GENERAL FUND BEFORE ADJ. AFTER
1. Expenditure
10-5110-020 Police-Patrol/Salaries $ 592,700 $ (20,000) $ 572,700
10-5100-741 Police-Admin.lCapital-Auto $ $ 20.000 $ 20.000
$ 592.700 $ $ 592 700
To fund purchase of replacement auto for Police Chief
2. Expenditure
10-5120-020 Police-lnvest.!Salaries $ 289,800 $ (600) $ 289,200
10.5100-573 Police-Admin.lMisc.-Auto TagslTax $ 300 $ 600 $ 900
$ 290 100 $ $ 290 100
To fund tax and tags on replacement vehicle for Police Chief
3. Expenditure
10-5120-020 Police-lnvest.!Salaries
10-5120-730 Drug Enforcement Operations
$ 289,200
$ 15.000
S 304 200
$
$
$
(5,000)
5.000
$ 284,200
$ 20.000
$ 304 200
To fund additional drug buy money
APPROVED: 6"=-0 ;;-;:J ;;5----;:1 ,j).. c;7t;:
1 ;;' d .
d! .~l ~I " ./
VERIFIED: ;tff.n?1,ttf/ Ij 'l.fti'7;'i't.//.~;:,::a!7.:::c,_
!onna F. Armibrister, Town Clerk
26
May 8, 2006 Regular Board Meeting
Page 27 of 62
Minutes Approved: June 12,2006
______.N...__.__..,..__.........___.__.................._'_,...._~......~......-....-_........."....,-,........._..._............._...__..."....-........--...--.....-................-......
TElE A ARCHER
dfCOMPANY
Charlotte. NC I Rock Hill. SC
454 South Anduu,In Road, 8'fC SSci
Rock Hln. South Camllnll 29730
Phon" (8C3) 366-2400 Pax (B031 366-1082
Ms. Donna Armbrister, CMC
Town Clerk/Personnel Officer
Town of HiIIsborough
P.O. Box 429
HiIlsborough, North Carolina 27278
April 30 , 2006
Dear Ms. Armbrister:
We have reevaluated the positions of Code Enforcement Officer and Planner for the
"""~' Planning Department. The job title, recommended pay grade and FLSA stams are shown below.
We have prepared job descriptions and are attaching them to this letter.
Job
Title
Recommended
~rade
Recommended
FLSA
Code Enforcement Officer
Planner
14
17
Non -Exempt
Exempt
Please let us know if we can be of further assistance.
Sincerely,
Earnest R. Archer, Ph.D., P.E., SPHR
President
"'",~...",.
27
May 8, 2006 Regular Board Meeting
Page 28 of 62
Minutes Approved: June 12,2006
_M'~'M""U'U"'~'U___U_H_"'U"'_'''M__H'H''''H_'''_'''''H_''..___..............................._.....00...
TOWN OF HILLS BOROUGH, NORTH CAROLINA
JOB DESCRIPTION
.......".
JOB TITLE: CODE ENFORCEMENT OFFICER
PLANNING DEPARTMENT
GENERAL STATEMENT OF JOB
Under general supervision, performs work for the enforcement of the nuisance provisions of the
Town Code, the provision on the Zoning Ordinance, and the provision of the Minimum Housing
Code. Work involves accepting complaints, determining whether they have merit, and
determining and monitoring the course of coming into compliance in a fair, equitable, and legal
manner, which is generally aggressive, and not solely complaint driven; and assisting with routine
construction permitting and general office coverage in the Planning Department. Reports to the
Planning Director.
SPECIFIC DUTIES AND RESPONSIBILITIES
ESSENTIAL FUNCTIONS
Answers citizens' questions; accepts complaint reports on Zoning Ordinance, Minimum Housing
Code, and Town Code nuisance provisions.
Conducts site inspections to verify whether the site (including occupied and abandoned buildings)
complies with town ordinances on a routine and complaint basis.
"""III1UJ1'
Conducts routine site and pre-construction inspections at construction sites to verify compliance
with approved plans.
Communicates with property owners about necessary corrective actions, in cases of violations, to
work toward compliance.
Documents complaints, inspections, and corrective orders to create needed paper trail for
eventual legal action.
Issues Zoning Permits for residential development; changes of use signs and home occupations.
Assists with plan review for commercial site development.
Coordinates enforcement activities with Attorney, Police, and County as needed.
Testifies during administrative hearing regarding violations and complaints.
Provides staff coverage in the Planning Department and at Board meetings in emergency
situations.
Attends training to maintain and enhance skills.
Tracks monthly activities; maintains performance measure indicators.
"',~",...,,,
@Archer Company 2006
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May 8, 2006 Regular Board Meeting
Page 29 of 62
Minutes Approved: June 12, 2006
~___H__~HH_H__.~__'HHH"_'_'H'_"H__'HH_"N'_'H__'~"--".___.H".......__.HH..,.....H.__._.''.ri""''....._.____.._.H_.".........".--..-...............""..,..
CODES ENFORCEMENT OFFICER
Receives and/or reviews various records and reports including citizen complaints, construction
proposal, affidavits, and sidewalk dining permits.
Prepares and/or processes various records and reports including inspections report, violation
correspondence, compliance report, and vehicle inspection report.
Refers to Zoning Ordinance, Town Code, Town Minimum Housing Code. policy and procedure
manuals, publications and reference texts, etc.
Operates a vehicle and a variety of office equipment, including a computer, telephone, cell phone,
measuring wheel, measuring scales, calculator, copier, fax machine, etc.
Uses measuring scale (engineer scale), light meter, noise meter, general office supplies. and
computer software such as Microsoft Word, Microsoft Publisher, Microsoft Excel, Access,
Microsoft Outlook, ArcView, etc.
Interacts and communicates with various groups and individuals such as the Planning Director,
property owners, tenants, builders, other staff, Fire Marshal, and the general public.
ADDITIONAL JOB FUNCTIONS
Performs other related duties as required.
MINIMUM TRAINING AND EXPERIENCE
"~IIIIillP""
Requires a high school diploma with college coursework in law enforcement, public administration,
building trades, or closely related field supplemented with two years of experience preferable in
previous government experience in code enforcement, housing inspections, or similar field; or any
equivalent combination of education, training, and experience, which provides the requisite
knowledge, skills, and abilities for this job. Must possess and maintain a valid North Carolina
driver's license. Must have certification as Building Inspection Levell.
MINIMUM QUALIFICATIONS OR STANDARDS REQUIRED
TO PERFORM ESSENTIAL JOB FUNCTIONS
Phvsical Requirements: Must be physically able to operate a variety of machinery and equipment
including a typewriter, computer, copier, car, facsimile machine, adding machine, etc. and tools
required of Codes Enforcement Officers. Must be able to exert a negligible amount of force
constantly to move objects. Must be able to stoop, climb, crawl, bend and stand for periods of time.
Must be able to lift weights of up to 40 pounds. Physical demand requirements are in excess of
those for sedentary work.
Data Conception: Requires the ability to compare and/or judge the readily observable, functional,
structural, or compositional characteristics (whether similar to or divergent from obvious standards)
of data, people or things.
Interpersonal Communication: Requires the ability of speaking and/or signaling people to convey
or exchange information. Includes giving instructions, assignments or directions to subordinates
and assistants.
"."'~~"",I
@Archer Company 2006
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29
May 8, 2006 Regular Board Meeting
Page 30 of 62
Minutes Approved: June 12,2006
_..'H'...-....~'U...,.._......_U"..~._.._~....~.h."H.H._..."...__.-....."H...._......"""....."."'''.....................-.........-...............................................",,,,.....................................................................
CODES ENFORCEMENT OFFICER
Language Ability: Requires the ability to read various correspondence, technical studies, plats,
site plans, architectural drawings, various related records and documents, etc. Requires the ability
to prepare applications, permits, site plans, technical studies. variety of economic development
reports and records, etc., using prescribed format and conforming to all rules of punctuation,
grammar, diction and style. Must be familiar with engineering and legal terminology.
Intelligence: Requires the ability to apply principles of logical or scientific thinking to a wide range
of intellectual and practical problems; to deal with nonverbal symbolism In its most difficult phases;
to deal with a variety of abstract and concrete variables; to comprehend abstruse classes of
concepts.
Verbal Aptitude: Requires the ability to record and deliver information. to explain procedures, to
follow oral and written instructions. Must be able to communicate effectively in a variety of technical
and professional languages. including engineering, legal, codes, and zoning terminology.
Numerical Aptitude: Requires the ability to utilize mathematical formulas; to add and subtract
totals; to multiply and divide; to determine percentages and decimals; to utilize statistics, algebra
and geometry.
Form/Spatial Aptitude: Requires the ability to inspect items for proper length, width and shape.
Motor Coordination: Requires the ability to coordinate hands and eyes rapidly and accurately in
using automated office equipment; and to operate motor vehicles.
Manual Dexteritv: Requires the ability to handle a variety of items, office equipment, control
knobs, switches. etc. Must have minimal levels of eye/hand/foot coordination.
'~I;~41U>1P'
Color Discrimination and Visual Acuity: Requires the ability to differentiate colors and shades of
coior; requires the visual acuity to determine depth perception, night vision, peripheral vision,
inspection for small parts; preparing and analyzing written or computer data, etc.
Interpersonal Temperament: Requires the ability to deal with people beyond giving and receiving
instructions. Must be adaptable to performing under moderate levels of stress.
Phvsical Communication: Requires the ability to talk and/or hear: (talking: expressing or
exchanging ideas by means of spoken words; hearing - perceiving nature of sounds by ear).
PERFORMANCE INDICATORS
KnowledCl8 of Job: Has thorough knowledge of the methods, procedures, and policies of the
Planning Department as they pertain to the performance of duties of the Codes Enforcement
Officer. Has thorough knowledge of the principles and practices of planning. Has thorough
knowledge of governmental programs, laws, and services pertinent to the planning and
development process. Has thorough knowledge of the duties and responsibilities of the job as they
apply to the Codes Enforcement Officer in the Planning Department. Has thorough knowledge of
the environmental and socio-economic impact of land acquisition and development and the
planning process. Has knowledge of hazardous building materials and is able to identify hazardous
materials. Has knowledge of engineering practices as related to codes and zoning plans. Has
Imowledge of land values, urban design, and other areas of development. Has considerable
knowledge of the geographic and socio-economic layout of the Town. Is skilled in the collection,
analysis, and presentation of tecllnical data concerning codes, hazardous materials, zoning, and
.....,.......-'
@Archer Company 2006
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May 8, 2006 Regular Board Meeting
Page 3\ of 62
Minutes Approved: June 12.2006
_'"__"N__~N__,_,_,_,__",___,_"__N,""""""_H'H'H'_H'~"N~_'''''_'''N,,,,,,,,,,,,,_,,,,,_'''_''''''O~H_'''''_'''___''__''''_....---.......-....."'.-.........-.................-............'.........-.--.
CODES ENFORCEMENT OFFICER
.....,....,
development recommendations. Is able to use computer.driven word processing, spreadsheet and
file maintenance programs. Is able to use tools appropriate for the job. Is able to read and interpret
surveys and engineering drawings and plans. Is able to review subdivision plans, site development
plans and related drawings for compliance with applicable local regulations and ordinances. Is able
to organize workflow and coordinate activities. Is able to analyze and interpret policy and procedural
guidelines. Is able to interact and assign clerical planning and development staff. Is able to explain
orally and in writing codes and zoning policy and practices to lay people individually or in groups. Is
able to exercise tact and courtesy in contact with governmental officials and the general public. Is
able to establish and maintain effective working relationships as necessitated by work assignments.
Qualitv of Work: Maintains high standards of accuracy in exercising duties and responsibilities.
Exercises immediate remedial action to correct any quality deficiencies that occur in areas of
responsibility. Maintains high quality communication and interacts with all departments and
divisions, co-workers and the general public.
Quantitv of Work: Maintains effective and efficient output of all duties and responsibilities as
described under "Specific Duties and Responsibilities."
Dependabllitv: Assumes responsibility for doing assigned work and for meeting deadlines.
Completes assigned work on or before deadlines in accordance with directives, policy, standards
and prescribed procedures. Accepts accountability for meeting assigned responsibilities in the
technical, human and conceptual areas.
Attendance: Attends work regularly and adheres to policies and procedures regarding absences
and tardiness. Provides adequate notice to higher management with respect to vacation time and
time-off requests.
"IJM't'
Initiative and Enthusiasm: Maintains an enthusiastic, self-reliant and self-starting approach to
meet job responsibilities and accountabilities. Strives to anticipate work to be done and initiates
proper and acceptable direction for the completion of work with a minimum of supervision and
instruction.
JudQment: Exercises analytical judgment in areas of responsibility. Identifies problems or
situations as they occur and specifies decision objectives. Identifies or assists in identifying
alternative solutions to problems or situations. Implements decisions in accordance with prescribed
and effective policies and procedures and with a minimum of errors. Seeks expert or experienced
advice and researches problems, situations and alternatives before exercising judgment.
Cooperation: Accepts supervisory instruction and direction and strives to meet the goals and
objectives of it. Questions such instruction and direction when clarifications of results or
consequences are justified, i.e., poor communications, variance with policy or procedures, etc.
Offers suggestions and recommendations to encourage and improve cooperation between all staff
persons and departments within the Town.
Relationships with Others: Shares knowledge with supervisors and staff for mutual benefit.
Contributes to maintaining high morale among employees. Develops and maintains cooperative
and courteous relationships inter- and intra-departmentally, and with external entities with whom
the position interacts. Tactfully and effectively handles requests, suggestions and complaints in
order to establish and maintain good will. Emphasizes the importance of maintaining a positive
image.
',.....-.'
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May 8, 2006 Regular Board Meeting
Page 32 of 62
Minutes Approved: June 12,2006
_.___H.'H____..._,_..._...,.._._~.~.........._'_..._..~~'_,._._...._......_...___.....................'..H..._.._........._..................."..............-.....--...........-......-................--..........
CODES ENFORCEMENT OFFICER
Coordination of Work: Plans and organizes daily work routine. Establishes priorities for the
completion of work in accordance with sound time-management methodology. Avoids duplication
of effort. Estimates expected time of completion of elements of work and establish a personal
schedule accordingly. Attends meetings, planning sessions and discussions on lime. Implements
work activity in accordance with priorities and estimaled schedules. Maintains a calendar for
meetings, deadlines and events.
Safetv and Housekeeping: Adheres to all safety and housekeeping standards established by the
Town and various regulatory agencies. Sees that the standards are not violated. Maintains a clean
and ordel1y workplace.
DISCLAIMER: This job description is not an employment agreement or contract.
Management has the exclusive right to alter this job description at any time without notice.
~1/lJi""
.","......,.
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May 8, 2006 Regular Board Meeting
Page 33 of 62
Minutes Approved: June 12,2006
...__.__,.......~___M_b'_..__.H~................"..'.__.H..__..__m.......".,..,.."....""."."...'''.._..._...-........"........'
TOWN OF HILlSBOROUGH, NORTH CAROLINA
JOB DESCRIPTION
JOB TITLE: PLANNER
PLANNING DEPARTMENT
GENERAL STATEMENT OF JOB
Under general supervision, performs routine comprehensive plan examination to ensure
compliance with all appiicable codes and ordinances. Work involves handling responsibility for
planning functions including historic preservation, general permitting, and significant public
contact within the Planning Department; providing staff support to advisory boards; conducting
GIS research for own tasks and as directed for others; and representing the Town on regional or
local committees. Reports to the Planning Director.
SPECIFIC DUTIES AND RESPONSIBILITIES
ESSENTIAL JOB FUNCTIONS
Provides staff support to two advisory boards including necessary public notice and agenda
preparation.
Conducts Geographical Information System research, inquiry, and database update for
department work and occasionally for other Town departments.
"</q-"
Researches the topics as directed by the Director and advisory boards to implement local
policies.
Issues Zoning Permits for residential development, changes of use, signs, and home
occupations.
Answers citizens' questions; provides general reference information.
Provides technical assistance to property owners within the historic district.
Represents the Town and Department of local and regional committees.
Attends training to maintain and enhance skills.
Tracks monthly activities; maintains performance measure indicators.
Receives and/or reviews various records and reports such as plot plans, building elevations,
construction material lists, completed application forms, digital drawing/data files, and technical
reports.
Prepares and/or processes various records and repor1s such as Zoning Permits, staff reports,
compliance checklists, follow-up correspondence, and monthly report.
Refers to Zoning Ordinances, Subdivision Ordinance, Flood Ordinance, Historic District Design
Guidelines, Vision 2010, Park Master Plan, Strategic Growth Plan, policy and procedure manuals,
computer manuals, codes flaws / regulations, publications and reference texts, etc.
"',,<..-
@Archer Company 2006
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May 8, 2006 Regular Board Meeting
Page 34 of 62
Minutes Approved: June 12,2006
___....___.....w__..''''___w__......__.__.__.__.....__............._............__.__NH.__..'......__._....._'''._..._............_.......................................-.................."''''.................--.....'''',
PLANNER
.'.",......
Operates a variety of office equipment such as personal computer. multi-line telephone, copier,
fax machine, digital camera, printer/plotter, etc.
Uses a variety of tools such as drafting tools, engineer's and architect's scales, etc.; a variety of
supplies such as general office supplies, etc.; and a variety of computer software such as
Microsoft Word. Microsoft Excel, Microsoft Access, Microsoft Photoshop, Microsoft Publisher, Arc
GIS, ArcView, etc.
Interacts and communicates with various groups and individuals such as the Planning Director,
applicants, developers, co-workers, other Town staff, and the general public.
ADDITIONAL JOB FUNCTIONS
Performs general administrative/office duties as required, including typing reports and
correspondence, entering and retrieving computer data, copying and filing documents, sending
and receiving faxes, answering the telephone, establishing and maintaining filing systems, etc.
Performs other related duties as required.
MINIMUM TRAINING AND EXPERIENCE
\""UiIfJr'
Requires a Bachelor's degree (Master's degree preferred) in planning, public administration,
geography, or related field with one year of general permit review and processing experience: or
any equivalent combination of education, training, and experience, which provides the required
knowledge, skills, and abilities.
MINIMUM QUALIFICATIONS OR STANDARDS REQUIRED
TO PERFORM ESSENTIAL JOB FUNCTIONS
Phvslcal Requirements: Must be physically able to operate a motor vehicle as well as various
types of office equipment including a computer and adding machine. Must be physically able to
exert up to ten pounds of force occasionally to lift. carry, push, pull, or otherwise move objects.
Physical demands are in excess of sedentary work. Work involves frequent fingering, climbing,
and balancing. Must be able to lift and/or carry weights of approximately ten pounds.
Data Conception: Requires the ability to compare and or judge the readily observable
functional, structural, or compositional characteristics (whether similar to or divergent from
obvious standards) of data, people, or things.
Interpersonal Communication: Requires the ability of speaking and/or signaling people to
conveyor exchange information. Includes the receiving of information and instructions from
supervisor.
LanQu3ae Abilitv: Requires the ability to read a variety of reports, correspondence, maps, deeds,
surveys and permits, etc. Requires the ability to prepare correspondence. reports, permits, forms,
maps, etc., using prescribed formats and conforming to all rules of punctuation, grammar, diction,
and style. Requires the ability to speak before groups of people with poise, voice control and
confidence.
@Archer Company 2006
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May 8, 2006 Rcgular Board Mccting
Page 35 of 62
Minutes Approvcd: Junc 12,2006
~__",,,__,,,_,,,,,,,,,,,,,,_,,,,,,_'''_'_'''__'H_'_''''_''''_''_'''''''_''_......................................__".......................__............................._.."...,,_..........._............._.....................__w...__......_..."..N..................................__......._.....
PLANNER
Intelllllence: Requires the ability to apply principles of logical or scientific thinking to define
problems, collect data, establish facts, and draw valid conclusions; to interpret a variety of technical
instructions in mathematical or diagrammatic form; and to deal with several abstract and concrete
variables.
Verbal Aptitude: Requires the ability to record and deliver information, to explain procedures, to
follow oral and written instructions. Must be able to communicate effectively and efficiently in a
variety of technical or professional languages including engineering, legal, and other terminology.
Numerical Aptitude: Requires the ability to utilize mathematical formulas; to add and subtract;
multiply and divide; utilize decimals and percentages; understand and apply the theories of algebra,
geometry, and statistical inference.
Form/Spatial Aptitude: Requires the ability to inspect items for proper length, width, and shape.
Motor Coordination: Requires the ability coordinate hands and eyes rapidly and accurately in
using office equipment.
Manual Dexterity: Requires the ability to handle a variety of items such as office equipment. Must
have minimal levels of eye/hand/foot coordination.
Color Discrimination and Visual Acuity: Requires the ability to differentiate colors and shades
of color; requires the visual acuity to determine depth perception, peripheral vision, inspection for
small parts; preparing and analyzing written or computer data, etc.
-'''/JilllIP''
Interpersonal Temperament: Requires the ability to deal with people beyond giving and receiving
instructions. Must be adaptable to performing under stress and when confronted with persons
acting under stress.
Physical Communication: Requires the ability to talk and hear: (Talking: expressing or
exchanging ideas by means of spoken words. Hearing: perceiving nature of sounds by ear.) Must
be able to communicate via a telephone.
PERFORMANCE INDICATORS
Knowledoe of Job: Has thorough knowledge of the methods, procedures, and policies of the
Planning Department as they pertain to the performance of duties of the Planner. Has knowledge of
planning principles, theory, and practice. Has knowledge of the zoning resolution and State and
Federal zoning laws. Has knowledge of the techniques and materials used in building construction.
Has knowledge of the State iaws, local ordinances, and construction and trade codes governing the
Inspection process. Has thorough knowledge of the geography of the Town, including roads,
streets, subdivisions, and zoned areas. Has knowledge of planning and zoning principles,
techniques, and practices. Has knowledge of the principles, practices, and objectives of rural and
urban planning. Has knowledge of the principles and practices of physical design as generally
related to planning. Has knowledge of the environmental and socio-economic implications of the
planning process. Is skilled in reading and interpreting blueprints, maps, and aerial photographs. Is
skilled in the collection, analysis. and presentation of technical data and planning recommendations.
Is able to use computer-aided drafting, word processing, spreadsheet, and file maintenance
programs. Is able to read and interpret surveys and engineering drawings and plans. Is able to
........,,P.
@Archer Company
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35
May 8. 2006 Regular Board Meeting
Page 36 of 62
Minutes Approved: June 12,2006
~'H"_,,,_~,,,__,,,_,,,,,_,,,_~"""'"'''''H_''''__'~'''''_'''''''''...........--.....".........-......-..............-......,-"..........".....,--........-........"..............................-.....-.."
PLANNER
.,.............;
review subdivision plans, site development plans and related drawings for compliance to applicable
local regulations and ordinances. Is able to offer instruction and advice to subordinates regarding
departmental policies, methods and regulations. Is able to plan, organize and prioritize daily
assignments and work activities. Is able to learn and utilize new skills and information to improve
job performance and efficiency. Is able to explain planning theory, policy, and practices to lay
people individually or in groups. is able to exercise considerable tact and courtesy in frequent
contacts with municipal, State and Federal officials, and the general public. Is able to establish and
maintain effective working relationships as necessitated by work assignments.
Quality of Work: Maintains high standards of accuracy in exercising duties and responsibilities.
Exercises immediate remedial action to correct any quality deficiencies that occur in areas of
responsibility. Maintains high quality communication and interacts with all Town departments and
divisions, co-workers and the general public.
Quantitv of Work: Maintains effective and efficient output of all duties and responsibilities as
described under "Specific Duties and Responsibilities."
Dependabilltv: Assumes responsibility for doing assigned work and for meeting deadlines.
Completes assigned work on or before deadlines in accordance with directives, Town policy,
standards and prescribed procedures. Accepts accountability for meeting assigned
responsibilities in the technical, human and conceptual areas.
Attendance: Attends work regularly and adheres to Town policies and procedures regarding
absences and tardiness. Provides adequate notice to higher management with respect to
vacation time and time-off requests.
""'-os/lIl1';J
Initiative and Enthusiasm: Maintains an enthusiastic, self- reliant and self-starting approach to
meet job responsibilities and accountabilities. Strives to anticipate work to be done and initiates
proper and acceptable direction for the completion of work with a minimum of supervision and
instruction.
JudQment: Exercises analytical judgment in areas of responsibility. Identifies problems or
situations as they occur and specifies decision objectives. Identifies or assists in identifying
alternative solutions to problems or situations. Implements decisions in accordance with
prescribed and effective policies and procedures and with a minimum of errors. Seeks expert or
experienced advice and researches problems, situations and alternatives before exercising
judgment.
Cooperation: Accepts supervisory instruction and direction and strives to meet the goals and
objectives of same. Questions such instruction and direction wilen clarification of results or
consequences are justified, Le., poor communications, variance with Town policy or procedures,
etc. Offers suggestions and recommendations to encourage and improve cooperation between
all staff persons and departments within the Town.
Relationships with Others: Shares knowledge with supervisors and staff for mutual benefit.
Contributes to maintaining high morale among employees. Develops and maintains cooperative
and courteous relationships inter- and intra-departmentally, and with external entities with whom
the position interacts. Tactfully and effectively handles requests, suggestions and complaints in
order to establish and maintain good will. Emphasizes the importance of maintaining a positive
image.
.,'.............
@Archer Company
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May 8, 2006 Regular Board Meeting
Page 37 of 62
Minutes Approved: June 12, 2006
.,_,_..._.._.__............_~.~._,_......,...~._'h'..~',.._...._'n.n....._._.__..........".._._,..,......."...."."..,..,..,.._...,.._~.""~................................-..,......................-......-.................."...._...."......~
PLANNER
.'...."......
Coordination of Work: Plans and organizes daily work routine. Establishes priorities for the
completion of work in accordance with sound time-management methodology. Avoids duplication
of effort. Estimates expected time of completion of elements of work and establishes a personal
schedule accordingly. Attends meetings, planning sessions and discussions on time. Implements
work activity in accordance with priorities and estimated schedules. Maintains a calendar for
meetings, deadlines and events.
Safety and Housekeeping: Adheres to all safety and housel<eeping standards established by
the Town and various regulatory agencies. Sees that the standards are not violated. Maintains a
clean and orderly workplace.
DISCLAIMER: This job description is not an employment agreement or contract.
Management has the exclusive right to alter this job description at any time without notice.
"'~'"II'''
.....".......
@Archer Company
5
37
May 8, 2006 Regular Board Meeting
Page 38 of 62
Minutes Approved: June 12,2006
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ENGINEERING SERVICES AGREEMENT
For
WEST FORK ENO RESERVOIR - EMERGENCY ACTION PLAN
ST A TE OF NORTH CAROLINA
CONTRACT BETWEEN:
ORANGE COUNTY
TOWN OF HILLSBOROUGH
and
THE WOOTEN COMPANY
EngineeringoPlanningo Architecture
PROJECT D.ESrGN AND
CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this ~'Rj.A. day of Illf~ _ , 2006 by and
between the TOWN of HILLSBOROUGH , hereinafter referred to as the OWNER, and THE
WOOTEN COMPANY, Raleigh, North Carolina, hereafter called and referred to as the
ENGINEER.
WITNESS THAT:
WHEREAS, the Owner desires to engage the Engineer to render certain engineering
services for the preparation of the Emergency Action Plan for the West Fork Eno Reservoir.
NOW THEREFORE, In consideration of mutual promises herein contained, the parties
contract and agree as follows:
1.0 PROJECT INCUJD.ES
It is the intention and purpose of this agreement to cover engineering services to be
rendered in connection with the preparation of the Emergency Action Plan.
The Emergency Action Plan is the document to provide the Town with procedures and
action to take in the event possible emergency at the West Fork Eno Dam and Reservoir.
38
May 8. 2006 Regular Board Meeting
Page 39 of 62
Minutes Approved: June 12,2006
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2.0 ENGINEERING SERVICES
The Engineer agrees to render to the Owner the following engineering services required in
connection with the project.
A. Emergency Action Plan (EAP)
(1) Collect data for the appropriate response organizations for an emergency at the West
Fork Eno Dam based on input from the Town and Orange County.
(2) Prepare a potentia] impact list resulting from a dam emergency from the dam
downstream to the US 70 Bypass (by Mountain View) based on the boundary of the
FEMA flood zone. No dam breach analyses will be done as a part of this contract to
determine potential impacts (see Additional Services below).
(3) Prepare an EAP that includes emergency conditions, downstream hazards, vicinity
map, and notification sequence.
(4) Conduct one (1) meeting with representatives of the Owner and the identified
emergency responders to review and discuss the Plan.
(5) Submit the draft of the Emergency Action Plan to the Town, Orange County, State
Dam Safety, and emergency responders for review and comment.
(6) Submit the final Emergency Action Plan to the North Carolina Department of
Environment and Natural Resources, Land Quality Section, Dam Safety Program for
review and approval.
3.0 ADDITIONAL SERVICES
In addition to the foregoing services being performed, the following services may be
provided upon prior written authorization of the Owner.
A. Meetings required beyond what's listed in the Scope of Services.
2
39
May 8, 2006 Regular Board Meeting
Page 40 of 62
Minutes Approved: June 12.2006
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B. Dam breach analyses for the sunny-day and IOO-year storm conditions to determine
potential impacts.
C. Inundation mapping based on dam breach analyses for the sunny-day and IOO-year storm
conditions.
D. List of potential impacts including landowners and roads based on dam breach analyses.
4.0 SERVICES PROVIDED BY THE OWNER
A. Designate a person to act as the Owner's representative with respect to the work to be
performed under the Agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret, and define the Owner policies.
B. Provide such legal accounting and insurance counseling services as may be required for the
Project and such auditing services as the Owner may require to ascel1ain how or for what
purpose any Contractor has used the monies paid to him under the construction contract.
C. Pay all fees required for the project approval and construction.
D. Assist the Engineer by placing at his disposal all available information pertinent to the
projects as may be required by the Engineer.
E. Examine all sketches, drawings, specifications, proposals, and other documents presented
by the Engineer. obtaining advice of an attorney, insurance counselor, and other consultants
as the Owner deems appropriate for such examination.
F. Give prompt written notice to the Engineer whenever the Owner observes or otherwise
becomes aware of any defect in the project or changed circumstances.
G. Furnish the Engineer in a timely manner with copies of pel1inent correspondence relating to
the project which would not otherwise have been delivered to The Wooten Company.
H. Bear all cost incidental for the compliance with the requirements of this Article and the
foregoing Anicle entitled" Additional Services".
3
40
May 8, 2006 Regular Board Meeting
Page 41 of 62
Minutes Approved: June 12.2006
.__....._._.._N............N......__..~'_H.N_......'......'...._M._........_..._"'''-'................-..........................-........---...................---..---.............".._"._.__......"..~-,......._...--_..... -, -
5.0 COMPENSATION
A. (I) Compensation to the Engineer for services rendered in Section 2, A-E, Engineering
Services shall be the following Lump Sum Fees:
Emergency Action Plan
$17,500
(2) The Wooten Company payment for the Design Services will be requested on a monthly
basis as work progresses.
B. In the event that the Owner desires Additional Services whose cost is in excess of the
maximum compensation payable provided for herein above, a written amendment to this
contract may be negotiated, mutually agreeable to both parties, to increase the maximum
compensation payable.
C. Fees are due and payable within thirty (30) days upon presentation of a progress report and
an invoice for the work performed.
IN WITNESS WHEREOF, the Owner and the Engineer have executed this Agreement in
duplicate as of the date first above written.
f. '
onna F. Armbrister, CMC, Town Clerk
~?-~~9E..HIL~~_!l9IV>UGH
~, ~ ~
",,/' ,-:;"J,,-;pl .~ ....~~>...;f....f.~....r......-.."Ul".,.._".._.:~
Tom Stevens, May.6r-.-------..----.-
...-M.............
THE'WOOTEN COMPANY
( ..
/ ?
/;;;~,/<--' /~:, pt-..z./...,~-,-"
Dan K. Boone, P.E., Vice President
This instrument has been pre-audited in a manner required by Local Government Budget and
Fi~_c7:!::.9.~~r~1 Act. C'::'::' (,J..,-.
. / "I' .., 1<:'........( D......V... '.
Finaiic~"Offj:er '.' ..
4
41
May 8, 2006 Regular Board Meeting
Page 42 of 62
Minutes Approved: June 12,2006
_~_'N__N'_~'NH_'''~'N___N____N_'N'NH'___H'''~_'''''''HH''_''''M_.""...............___......._........__.............................m_...._..._"......-....,"..............-..
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
Commercial Waste Collection Franchise Amendment
THIS AMENDMENT to the Commercial Waste Collection Franchise Agreement
dated July 8, 2002, by and between the Town of Hillsborough, a North Carolina body
politic and corporate, and Waste Industries, LLC, a North Carolina Corporation.
WITNESSETH
WHEREAS, in July of2002 thc partics entered into an agreement for Commercial
Waste Collection; and
WHEREAS, the circumstances of the parties have changed and the original
agreement term will cxpire July 31,2006; and
WHEREAS, cet1ain amendments to the agreement terms are required;
NOW THEREFORE, is hereby understood and agreed by and bctween both
parties, in consideration of the agreements and covcnants hereinafter sct forth, as follows:
l. Pagc 5, Item 6 of the July 2002 agreement, is amended by adding
the following language at the end of the paragraph.
Pursuant to the provisions of Item 6 the parties hereby agrce to
extend the telm of this contract from August 1,2006, through July
31,2007, and can extend the contract for an additional one (1) year
period upon mutual consent of both parties.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly
executed in its name and behalf with the seal affixed for their respective corporations.
TOWN OF !-lILLSB6RioUGH
(-;-----;~
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Title: /J1i1rj{J/c"---
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WASTE INDUSTRIES, LLC
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Title:
Date:
Attest:
seal
42
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May 8, 2006 Regular Board Meeting
Page 44 of 62
Minutes Approved: June 12,2006
-_.,....,.,---_...__...--_._..,..,_..__._--_......"........-"-_.-.~.....~_..._-".".._-_...__......_....."'_............""..........."........,...........-.........................................."...."..............................."..,...................................
DRDi },)f-}tJC€ =11 O;f)D;<'OO~.t)j: Of/-/ff/
AN ORDINANCE AMENDING CHAPTER 13 OF 1'1-11<= TOWN COllE OF THE
TOWN OF HILLSBOEORlJGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH
ORDAINS:
Section 1.
Chapter 13, Section 13-18 (c) of the I-lillsborough Town Code is hereby
amended to change the wording "Board of Commissioners" to Public
Works Director or his Designee".
Section 2.
Chapter 13, Section 13-18 of the l-lillsborough Town Code is hereby
amended to add Section 13-18 (d) Appeals to the decision of the Public
Works Director or his Designee shall be made to the Board of
Commissioners.
Section 3.
All Provisions of any Town Ordinance in conflict with this ordinance are
repealed.
Section 4.
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 .~))/ day of IY7JJ.t_,._/200 (-I .
Ayes: 5
Noes: t(}-
Absent or Excused: iJ-'"
. /)~'} /
-../jin~n.~~/t:1/)1<---ic.a.f!zc
Donna F. Armbrister, Town Clerk
44
May 8, 2006 Regular Board Meeting
Page 45 of 62
Minutes Approved: June 12,2006
.....H.H__...~....'._.~.M'M.N_......_M._..._..................."..........._....._m.........._..__._....._._..__..........._.._........._.....-.........
OfllJi/t)ll/VO;:!-l OPJ) ;2c:.>[)(.v . O'S: OJ' - / I. r
AN ORDINANCE AMENDING SECTION 6 OF nm TOWN CODE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROl1GH
ORDAINS:
Seetion 1 .
Section 6A-5 of the Hillsborough Town Code is hereby amended to add
the following stop signs:
Stop Street
Summit Drive N
Summit Drive S
Summit Drive N
Summit Drive S
&oproach
Main STreet
High Court
High Court
ScoTsburg Trail
Scolsburg Trail
Seetion 2.
All Provisions of any Town Ordinance in conflict with this Ordinance are
repealed.
Section 3.
This ord.inance shall beeome etTeetive upon adoption.
The foregoing ordinance having been submitted to a vote, reccived the following
vote and :as duly adopted this 'J fA day of /}1/li' ",lOrOI!.' .
Ayes: ~
Noes: ~
Absent or Excused ..:(}-
'I .- /'7 /1 ,,/'
fJt/J1IJ,f/ 11'/l'lC,J;dZ;L;
Donna F. Armbrister
45
._.....................-H......_H...__..._,.....,..,_.._...___._...._.._...._._....._......-....-............--.-....-....--.--.-....-.-..
May 8, 2006 Regular Board Meeting
Pagc 46 or 62
Minutes Approved: June 12,2006
'oud} C'Hl2iV'dH1Ll
STANDARD AGREEMENT .FOR PROFESSIONAL SE.RVICES
Town of Hlllsborough, North C_arollna
This AGREEMENT is between CH2M HILL INC., ("ENGINEER"), and the
("OWNER")
for a PROJECT Ilenllrally described as: The Town of HlIlsborough Wastewater Treatment Plant Expansion & Upgrade
ARTICLE 1. SCOPE OF SERVICES
ENGINEER win perfDlTIlthe Scope of SelVll'.(Js set for1h
in Attachment A.
ARTICLE 2. COMPENSArlON
OWNER will comp'ensate ENGINEER as sot forth in
Attachment B. Work performed under this
AGREEMENT may be perlomled using labor from
affiliated companies of ENGINEER. Such labor will be
billed to OWNER under the sarna billing terms
applicable to ENGINEER's t.'ffiployees.
ARTICLE 3. TERMS OF PAYMENT
OWNER will pay ENGINEER as follo'ws:
3.1 tnvolces and TII'fI8 of Payment
ENGINEER wlll issue monthly invoices pursuant to
Al1achrnent B. Invoil:l'.5 are due and payable within 30
days of receipt.
3.2 IntllrGst
3.2.1 OWNER will be charged interest at the mte of
1-112% permonlh, or that palTIlitted by law if lasser, on
all past-<lue amounts starting 30 days after receipt of
Invoice. Payments will first be credited to interest and
then to principal.
3.2.2 In the event of a disputed billing, only the
disputed portion will be withheld from payment, and
OWNER shall pay the undisputed portion. OWNER will
exercise reasonableness in disputing any bill or portion
thereof. No interest wiN accrue on any disputed portion
of tho billing unlll mutually resolved.
3.2.3 If OWNER rails 10 make payment in full within
30 days of lhe date due for any undisputed billing,
ENGINEER may, alter giving 7 days' written notice to
OWNER, suspend services under this AGREEMENT
until paId in full, induding inteR."Sl. In the event of
suspension of services, ENGINEER will have no liability
to OWNER for delays or damages caused by OWNER
because of such suspension.
ARTICLE 4. OBLIGATIONS OF ENGINEER
4.1 Standard of Care
The standard of care applicable to ENGINEER's
Services will be the dE'.gree of sk!ll and diligence
nomlaUy employed by professional engineers or
consultants pevformlng the same or similar Slll'Vices at
the lime said servi<'.es are perfonned. ENGiNEER will
reperform any services nolmeetlng thl" "tandard
without additional compensalion.
r{')~M:t:ul
4.2 Subsurfa1:e Investigations
In soils, founda,tion, gmUillNvater, and other subsurface
lnvestlgatlonll, the actual chamcter~;Il,:s may vary
significantly between Sllccas..<;ive test points and sample
Intervals and at loc.atlans allier than where
observations, exploration. and Investigations have been
made. Because of the inherent uncertainties in
subsurface evaluations, changed or Uf)antlclpated
underground ,.oncliUons may occur th~t could affect total.
PROJECT cost andlor execution. Th(JSe condilions and
costf!'/)(oculion effects are not the responsibility of
ENGINEER.
4.3 ENGINEER's Personnel at Construction Site
4.3.1 The pmst.'Oce or duties of ENGINEER's
personnel at a constmctiol1 site, whether as onsite
representatives 01{' otherwlse, do not make ENGINEER
or ENGINEEH's pemOflnel in any way responsible for
those dutle'.; that belonil to OWNEH and/or the
construction contraclors or other entilies, kind do not
relieve the construction oontraL"tors or any oIhei' entity of
their obligations, duties. and responsibilities, including,
hut not limited to, all construction methods, means,
techniques, s~~uences, and pmcadures necessary for
coordinating and completing all porlions of the
r.onstrucliofl work in accordance with the collstnlction
Contract Documents and any health or safety
precautions required by such construction work.
4.3.2 ENGINEER and ENGINEER's personnel have
no authority to (lX!lrcisa arry control over any
construclion contractor or other entity or their
employees in connection wiltl thalr wom or any health or
safely IlreceutiOlls and have no duty for in.specting,
noUng, ooserving, oorre(.-ting, or rflpOfling on health or
safoly deflciern:ies of the construction contrdt.10r(s) or
olha.r entity or any other pll1'S01'\S at the site except
ENGINEER's own pel'llormlll.
4.3.3 The presence of ENGINEER's personnel at a
construction site is far Ih(, purpose of providing to
OWNER il greater degree of confidenc~l that the
compl,)ted construction work will conform generally to
the c.onstruction documents and that the inlegrity of the
design concept as refie<:.i.ed in the construction
documents ha.s been Implemented and preserved by the
conslructioo contr'd(;tur(s). ENGINEER neither
guarantees the performance of Ihe (;onslructian
contraclor(s) nor assumes responsibility forconslruction
contraclOl's failure to perform work in accordance with
the (;onslmcl.ion documents.
46
May 8, 2006 Regular Board Meeting
Page 47 of 62
Minutes Approved: June 12.2006
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4.4 Opinions of Cost, FInancial Considerations, and
Schedules
In providing opinions of cost, financial analyses,
economic feasibility projections, and scheOulas for the
PROJECT, ENGINEER has no control o"'~r cost or price
of labor and materia~.>; unt,nown or latent r;onditions of
existing equipment or stJ\lCturas that may affect
operation or maintenance costs; competitive bidding
procedures and mar1lot ('.ondtlions; time or quality of
performance by operallng p6l"iionnel or Ulird parties; ami
other economic and operational factors that may
materially affect the ultimate PROJECT cost or
sche~:lule. Therafore, ENGINEER maIms no warranty
that OWNEH's actual PRO.IEer costs, financial
aspects, economic feasibility, os schedules will not vary
from ENGINEER's opinions. anatyses, projections. or
e..'tfJ"Tlates.
If OWNER wishes greater assurance as to any element
of PRO.IEer cost. feasibility, or schedl.de, OWNER will
e.mployan Independent cost ebiimator, contractor, or
other appropriate advisor.
4.5 Construction Progress Payments
Recommendations by ENGINEER to OWNER for
periodic construction progress payment., to the
construction contractor(s) will be based on ENGINEER.'s
knowledge, infom1ation, and belief trom selective
sampling that the work has progressed to the point
Indicated. Such recommendations do nol represent ll1at
continuous or detailed 6xaminallons have belm made
by ENGINEER to ascertain that the construction
contractor(s) have completed the work in exact
aCl..-ordance with the construcllon documents: that Um
final wort, will be lJ('.ceptable in aU respects: that
ENGINEER has made an examination to ascertain how
or for whal purpose the consbuction contractor(s) have
used tho moneys paid; thai tllJa In any of tho worK.
materials, or equipment has passed In OWNER froo
and clear of liens, claims, security Interests, or
encumbrances; or that thero are no oll16r matters ot
issue bet_en OWNER and the constn.Il.'1:Ion
contractors that affect the amount that should be paid.
4.6 Record Drawings
Record drawings, if required. will be prepared, in part.
on the basis of Information compiled and furnished by
others, and may not always represent U'U:leJ<act
location. type 01 various comrronants, or exact mannor
in which the PROJECT wa!llinally constructed.
ENGINEER is not responsible for any errors or
omissions in the information from othem lhat are
incOlporalBd into the record drdwings.
4.7 ENGINEER's Insurance
ENGINEER will maintain throughout this AGREEMENT
the following insurance:
(a) WorKer:, compen.saUon and employCl's liability
insurance as required by the state where Iho work is
perfonned.
(b) Cornprchensiva automobile and vehicle liability
Insumnce covering l~laims fof' InjurlllS to members of the
pubUc and/or damagas to property of athens arising from
use of motor vehicles, irn::luding onsite and offsite
operations, and owned. nonowned, or hired vehK:les,
with $1,000,000 combined single limits.
(c) Commen;ial general liability insurallcll coveri''>.l
daims for injuries to member.> of the public or damage
to property of others arising out of any covered
FORM3llll
negligent act or omission of ENGINEER or of any of It.'!
employees, agents. or subcontractors. with $1,000,000
por occurrence and in the aggregate.
(d) ProfesslonolliabUity Insurance of $1 ,000.000
per OCl:Ufmnoo and in the eggl<lgate.
(e) OWNEH will be namad as an additional
insured with f1.'\'llP1.~ to ENGINEER's liabilities
hereunder in insurance (',ovemgos identified in items (b)
,md (c) and ENGINEER waives subrogation against
OWNER as 10 !laid polici(~s.
ARTICLE 5. OBLIGATIONS OF OWNER
5.1 OWNER..Furnislled O.lta
OWNER wHl provioo to ENGINEER all data In
OVVNER's possession relating to ENGINEER's services
on the PROJECT. ENGINEER will reasonahly rely upon
the accum,.y. timeliness, and completeness of the
inforrl1at~lll provided by OWNER
5.2 A:cClas'S to Facilities and Property
OWNER will make ils facilities accessible to ENGINEER
as required for' ENGINEER's performance of its services
and w1ll prov<<Jil labor and safely equipment as required
by ENG1NEEH for such access. OWNE.R wilt perform. at
no cost to ENGINEEF1, such tests of equipment,
machinery, pipelines, and other components of
OWNER's racililie'.i as may be required in l'.or1l1eclion
with ENGINEER's services.
5.3 Advertisements, I"errnlts, and Access
Unle~,s o!herwisa agreed 10 in tho Scope of Services,
OWNER \/Viti obtaln, arr&nge, and pay for all
advortisemonts fur bids; pemlits and Hcenses required
by local, stata, or fv.>..daml authorities; and land,
easements, rights-of-way, and .1C("A3SS nsC(..'SSary for
ENGINEER's services or PROJECT constmcllon.
5.4 Timely RflVlo&W
OWNER will examine ENGINEER's studies, reports,
sketches. drawings, specifications. proposals, and othor
documents; obtain advil'"..e of an atlome'1. insurance
counselor, accollotant. auditor. bond and financial
advisors. and other consultants as OWNER deems
appfOpri<lte; and render in writing decisions requIred by
OWNER in a timely manner.
5.5 Prompt Nmh~1iI
OWNER will give prompt written nolice to ENGINEE.R
whenever OWNER oboorve'.> or becomes aware of .my
deve.loprnent that affHcts tile scope or timing of
ENGINEER's Services. or of any defect in the wor1l of
ENGINEER or construction contractors.
5..6 AsbIHstos or Hm.zardolll'i SubstanrJos
tU1.1 If asbe'.>tos Of" hazardous substance.s in any
form are lloc.ouolerod or suspeclild, ENGINEER will
stop its own work In Itle affected portions of the
PROJECT to pemlit testing and evaluation.
5.6.2 If asbest,,*! is suspm:ted. ENGINEER will, if
req-uested, manage tile asbestos rernediation activities
using a qualified subl:ontmctor at .10 additional foo and
contract terms to be nogotiated.
5.6.3 If hazamous sub*-iam;es otl1er than asbestos
are suspected. ENGINEER ",m, If requested. conduct
tests loootermine the ext1Jnl of the pl'Oblem and wilt
Pll1fOllTllhe ner..essary studl(~s and recommend U,e
47
May 8, 2006 Regular Board Meeting
Page 48 of 62
Minutes Approved: June 12,2006
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nec6l,sary remedial measures at an additional fee and
contract terms to be negotiated.
5.6.4 Clk,nl recognizes that CH2M HILL assumes no
risk andior tlability for a Wllste or haz,'lfdous W,1l>W silB
originated by oU\er than CH2M HILL.
5.7 Contractor Indernnific<'lllon and Claims
5.7.1 OVVNER agrees to !nclude in all construction
contracts the provisions of Article 4.3, ENGINEER's
Personnel at Conslmction Site, and provimons providing
contractor Indemnification 01 OWNER and ENGINEER
for coniraclot's negligence.
5.7.2 OWNEI{ shall require construction
conb'actor{s) to name OWNER and ENGINEER ilS
adlllliooal insureds on the contl'aclo(s general liability
insurdnre policy.
5.7.3 OWNER agreasto include the following douse
In all contracts with conslrucllon (:ontmctors, and
equlpmenl or materials suppliers:
"Conlractors, subc:unlractors, and equipment and
material suppliers un the PROJECT, or their sllr611es,
shaR maintain no dtmd action agalnsl ENGINEER.
ENGINEER's officers, employees, affiliated
corporations, and5ubcontmcto1'5 for any claim arising
out of, In connection with, or resulting from the
6119inooring services perfOmlf!d. OWNER will bo the
onty benef'.clary of any undertaking by ENGINEER.'
5.8 OWNER'illnsuranclil
5.8.1 OWNEFl will maintllln property insurance on all
pre-existil19 physlcallacUities associated in any way.
with the PROJECT.
5.8.2 OWNEH will provide for a waiver of
subrogation i!JS to all O\<lfNER.carlied ~'roperty damage
Insurance, during construction and Iherealler, in 'favor 01
ENGINEER, ENGINEER'!,; officers, tlmp[oyos'l,
affiliates, and subconu'actors.
5.8.3 OWNER wi!! provide (or have tho construction
contractor(s) provide) a BuildSf's Risk All Risk insumn('.e
policy for !he fcdl r&plar..emenl valua 01 all PROJECT
work including the value of all onsile OWNER-lumr..hed
eqllipzm.."l'\t and/or materials associated with
ENGINEER's servlces. Such policy will include
coverage for loss duo to defects In mlllrntals and
workmanship and errors in dl.lllign. and wi!! provide a
waIver of subrogation as tt1 ENGINEER and the
constmcllon contraclor(s) (0.1' OWNER), and their
rospe<.1lva officers, employees, agents, affiliates, and
subcontr"dctol's. OWNER will provide ENGINEER a copy
of such pQlicy.
5.9 l..ltlgatlon Assistance
The Scoprl of Servi(;as does not if\('Judr~ COllis of
ENGINEER lor required or I'eql.lmsted assistrJrn:til !o.
support. prepam, document, bring, defend, or GS5ist in
litigallon undenaken or defended by OWNER. All sur.h
Services required 01' 1'0(1ul3sted 01 ENGINEER by
OWNER, "xCf.'lpllor suits Of rJairns belwoen the parUe",
to. this AGREEMENT, will be reimbursed as mutually
agreed.
5.10 Changes
OWNER may mako or approve changes wllhin the
general Scope of ServIces lnlhis AGREEMENT. If such
changes afftJCt ENGINEER's cost of or limo required for
performance of the services, an equitable adjustment
FOflM 398
RFVv.:.iFn'1M
will be made through an amendment to this
AGREEMENT.
ARTICLE 6. GENERAl. lEGAl. PROVfSiONS
6,1 AuthiCwizatlcl1l to Pl'<OOlled
Exe.cution of this AGREEMENT by OWNER will be
authorization for ENGINEER to proceed with the W()(\\,
unless otherwise pf1)vlded lor in this AGHEEMENT.
6.2 Re\.ltl'8 of PROJECT Dll.GU1"IIOlltS
All rep.orts. dmwings, specifu::ations. documents, and
t)th(~r doliverabk,s of ENG1NEEH, whet.her in hard copy
or in electronic form, are instruments of service for this
PROJECT, whell1<lr the PROJECT Is completed or not.
(,JWNER agl1'l~lS to indemnity ENGINEER and
ENGiNEER's offtcers, em~~oyees. subconlme:tom, and
affiliated corporations from 011 daims, damages, losses,
and costs. indul.Ung, but flot limited 10, litigation
oXPf:lnses and al1ome)!'s. fees arising out of Of' related to
\he unaulhori;r..ed rem*-,. change 01' a1temllon of those
PROJECT documents.
6.3 f'orcG MajILlUl'1l
ENGINEEH is not resp<:m~.,blo lor damages or delay In
perfom.anco r..aused byacls o.f God, l>1rikes, lockouts,
accidents, ell' olller events OOyond !he .(;ontre! of
ENGINEER. In .1111" such ElIIent, ENGINEER'S contract
prica and schedule shall be €.'quilably adjusted.
6.4 LlmltatJon of Uab!llty
6.4.1 To the maximum extent p1mnilled by law,
ENGINEEH's liahitity lor OWNER's dall'la,16S will not, in
the aggregate, ex.cced $" ,000,000.
6.4.2 This ar1k;le takas prec:edence ovar any
conflictinn anlcts of1hls AGREEMENT ()( any dOL~Jment
incorporated Into it Of mlo\'fJnced by it.
6.4.3 Thi:~ limitation ()llI.ebilily will apply whether
ENGINEER's liability arlse.s under breach ()f ('.ontfaC'.t 01"
warranty; tort; Ine:lud.ng oogligent~e; striclllability;
statutory li.lbililll; or W\y other G<lu.se 01 oclion, and shall
includ,j ENGINEEH's officers, afliliatad corpomoons,
6mploy;'Kls, andsuo(:ontmclms.
6.$ Tarmll'll!ltlon
6.5.1 This AGREEMENT may be tonninated for
r..onvOIliancll 00 30 days' written nolico, or fur cells,e if
llillulr party 1!Ills subslllfl!isllV to perform through OCl fault
of the otoor .md does not commence com..'dlon of such
nonperlom\anca withIn 5 d;.tys of 'Millen noticfl and
diUgenUy cornpletfl the cOll-edlon thanmt'ler.
6.5.2 On termInation, ENGINEER ",Jill be paid for aU
authorized servlcns pmiormed up \.0 the termination
dare plus termination er,j'iensas, such as, but not limited
to, reassignment of pl1rr,onnel, sobcontrac.t termination
casu;, and related: closeout costs.
6.6 SllS.llM1iLioo, i:l-cl&:lY, Of hvt~mzjlJtir.m (;.1 Worn
OWNER. m<<y lJI.Jspend, delay, orlnlemlpt tho Services
01 ENGINEER for tho convenience of OWNER. in such
l'.l\I'enl., ENGINEER's Cllnlract pllce ,u\Cl schedule f".hall
be equit;:loly adjusted.
6.7 No TIlkc:l.P<lN"ty &ml'1liciari'll.s
This AGREEMENT !pves no rights ol"l:>eoofllS to anyone
other thoo OWNER and ENGINEER and has no Ihird.
party benafidarios,
6.8 lnd.lITlnmcation
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May 8, 2006 Regular Board Meeting
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Minutes Approved: June 12, 2006
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6.8.1 ENGINEER agrel~s 10 indllmnify OWNER for
any claims. damages, 100.oos. and c:osts, includin{l. but
not limited to, attorney's lees and litigation costs, arising
O\.It of claims by third parties for pl'Operty damage llr
bodily Injury, including death, to the proportionate extent
causr":d by the rmgligance or willful rmsoondul;t of
ENGINEER. ENGINEE.R's employees, affiliated
COIpOT"iltlllnS, and subcontracrorn in connection with tho
PROJECT.
6.62 OWNER <lgl'Ilf.'S 10 indemnify ENGINEER from
any daims, damages, losses, and costs, including, but:
notlimitecl to, attorney's laos and lltlgalion C(~~ts, arlslng
out of claims by lhird parties for properly damage or
bodily Injury, including dealh, to the !N"opmtlooate extent
caused by the negligence or willful misconduct of
OWNER, elr its employees or contmctors in ('".onnectlon
witt. the PROJECT.
6.9 Asslgnl'l'ltllnt
This is a bilateral personal Services AGREEMENT.
Neither party shall have Ule power to or will asslgll any
of the duties or rights or any claim arising out of or
related to this AGREEMENT, whether arising In tort,
conlract or olh6IWlse, wlthout: the wrllten consent of the
other party. Any unauUlorized as$ignment is void and
unenfon::eable. Thase oondilions and the enlire
AGREEMENT ara bindlntJ on tho helm, SUt'.cessors, and
assigns of the p.arties h(~reto.
6.10 C()ns1llf~oonUal Damag&S
To the maximum extenl. perrnitled by law, ENGINEER
and ENGINEER's affiliated corpora1ions, office,,,,.
employees,and subcontractors shall rIOt be Ilahla fur
OWNER's Sj)€ICLal, indimct, or cunsequential damages,
whf.>lher !luch damages arise out of breach of conlract
or warranty. tort including negUgance. strict or statutory
liablllty, or any other cause of action. In order to pmloct
ENGINEER against indirect liabllity or thlrd-.parly
proceedings, OWNER will indemnify ENGINEER fOf any
such damages.
6.11 Walller
OWNER waives all d-dims against ENGINEER,
Including those for latent defocts. that are not brought
within 2 ya.avs of substantial CAlmpletlon of1he facility
(j'3signed or I1nal payment to ENGINEEH. whlchtlver is
earlier.
6.12 Jurisdiction
The substantive law of l11a stale of Ih'e PROJECT site
shall go\ltlrrl tha validity oflhls AGREEMENT, its
interprotalion and performance. and any o\her claims
related 10 it.
6.13 Severability and Survival
F{)IIM 3SG
6.13.1 If any oHlle Provisions contained in this
AGREEMENT are held for any reasol1ln be Invalk!,
Illegal. or w1f.ll1fon:eab!e, Ilia anforcaabillty of the
mmalnln[l pmvlsiml.'5 sha.1l not be impail'ec1 thareby.
6.13.2 limitations of !labillty, lnmlmniUes, and othar
e14pnl&.'3 mpre..'WI1latwns shall slJlVive tonnu'IaUOI1 of this
AGHEEMENT for any cause.
IU4 l\IIa:lArtrfals and Samplell
Any items, ~luiJ"Slan(,'(1s, rrn;;terlals, cr samples mmoved
from fhe PROJECT 3i1~) for b>.sling. ana%V15is, or other
evaluation \I<1i~ ill) refum~ld to lh(,~ PROJECT site wilhin
GO days of PROJECT close..out unless agreed to
otherwbe. OWNEFi. recoHnizes and agrees Ihal
ENGINEER is acfinlj as a ballet; r~ncl at no lima
assumes litle to said nefTIs, substarK.'Os, materials, \'X
samples.
6:15 Enllinoor's Deliverable!.!
Englne.e.r's detivOfoolt's, In('Judln~) record drawlngs, are
limitod 10 the 1101.'1100 and 131!JfI€td ham copies. Computor..
!IOOerated dr-dWing tiles furnished by ENGINEER are for
OWNER or others' convenience. Any conclusIons or
inforrnalion d.erived or ob!al!1'oofrom these files will be
rd w>8f's sofa ".:;k.
6..16 Dispute Resolution
The parllf311 will USiL~ !hl}!r bool effort"1;l:o reootva amicably
any dispute, indudlng use oflltlomoovo dlsf.lu!f~
l\'lsoluliofl options.
6.11 OWl1fOrllihlp of Waf'll PrOOucl: and Invllntlonll
Ail of tho worll plOduct of l.he ENG'NEEH in !lxecllling
this PRO.fEeT shaH remain the pmllerty of ENGINEER.
CMlNER shall roc(~ille a perpetual, rOY<III:y.free, non-
lrmuo,ferable. nOfl-excllJ"..ive licftllse 11.) use tho
delil/ombles for Ihe purposo fol' \I',hlch they were
inl:endlld. AllY !nv~llllions. p1.locmts, COllyTighbl, computef"
SOilW<lIll, 0(' Olhtlr intelktetulll propt1rty developed dUling
the rounse of. or ell a result of, the PROJECT shall
rem<.lin U"l'il pmpooy of the ENGINEER.
Armcu:: '7. J\l"TACI'IM!€tITS, SCHEDULES, ANI)
SIGNA roriEs
This AGREE.MENT. includir~J ils attachments and
schedules, conslitules the entim AGREEMENT,
supersed(.)s allluior wrilten or oralllfloorstandlnl.ls, and
may 00111 be changed by a Wli11Em amendment executed
by both parties. The following Hitacllments and
sGoodute"ii fJro hereby madtl a part of this
!\GREEMENT:
Attachment A....Scope of Servic!l$
Al1act1rnanl B-Compf:lr\$alion
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May 8, 2006 Regular Board Meeting
Page 50 of 62
Minules Approved: June 12.2006
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IN WITNESS WHEREOt', the palties execute below:
For OWNER, T own o~borollg~~ North Carolina ___.._________...____.____._._____..__________.____
--qtC:7 . day of --!A~w;_-------.. _~l2Q?_.__.. . ) I I' ". i (: /J
: .' ?:~:/'=;~:~;~.~,.~--=,--. Signature _.Jf!~~::~~t~;:~1~~~_L=L_
.- \ D I /,I IIi ", u.. f i)"
Name (printed) =~ r i CoO -...1' \ ,,,-ie \:")(l n Name _~J.L0.:l.~2::.:~~.i..:...L.~~J.:::...-
Title .~rc, vi ~\ 1'1,\ <<'j1.~je..r- _.____ Tille -1:0.::!.a.J.:~1:f\ Cr;C:....._...___....____
dated this
Sigfla1ure
For ENGINEER, Ctl2M HILL INC., f
dated this _.3.~_ dii'/Of'71LM!L' - - -' ;!~~--
f .., /. .4
__ '?/ 1/ //
// // IY
Si{Jnature f~/t~/I A/,:-.. _ _ __ _ Signature
Name (printed) _.JD SO~'!!!~t;~, Pr:. A~____ Name (prinlOO)
!ltJgC:;~~__-
Mike Osborne, PE
~-----_.------
Title
_ Area ~~~ger _~!:':9~~pirector __.._
Title
.....!:E?lec,1 Manager
~P?ROV~LE;i:U;.!IY FINANCE OFFICE
This irw.lrument has been pre-alldited ifllne manner req\Jired by ~.he..Local Govl~rnme.nl Budget ,lnd Fiscal Control Act.
'/\.;:c': .:~::.=:~JJ .
..- Signaiure..:.:.-~:::t-----:..........-::::::.-..---------
J:\" '3 0 .- ~ 2. L'()'" 7;:") C
fOllM ?OO
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May 8. 2006 Regular Board Meeting
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Minutes Approved: June 12. 2006
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AI'TACHMENT A
SCOPE OF SERVICf!S & SCHEDUl.E
This A Tf ACHMENT A i..'i to thl~ AGREEMENT between CH7.M HILI." INC., ("'ENGINEER")
and the Town of .HiUsbol'Ough, North Cal'Olina ("OWNER'') for The Tmnn ofHiUsbcffOllgh
WastL'Wtlter Treatnumt Plant Expansion and Ullgmde Project. 'lhe pmposc of the project is to
evaluate the Town's current and future me.thoda of handling wastewater and bklsoIids.
Two (2) alternatives are to be explored. "Ihese are: (1) a l'egio:nali:r..al:ion option with the City
of Durham; and, (2) an upgrade and expansion of the existing wastewater treatment plant
(WWI'P).
Funding for the selected project alternative will be sought through dIe State Revolving
Fund, which is administered by the COJ.1stmction Grants and Loam; (CG&L) Section of the
North C-uolina Department of Environment and Natural Resources (NCDENR) Division of
Water Qmllity (DWQ). 111erefore, a Preliminary Engineering Report (PER) and al1'
enviromnental as..Qe5sment (EA) will. be prepared .md form..atted <IS requin;:d by C<';&L.
ARTICLE 1 - SCOPE or; SERVICES
'llIC ENGINEER's project manager will,
Phase 100 - Preliminary Engineerh1g Study
Task 100 - Project Management
The ENGINEER will provide proj(~ct manugement. and coordinati()!l services throughout tht~
Project duration. Specific r....,quircments are ss foHows.
.. Establish the project work plan for design development, final design, bidd;cog,
and services durinl; construction.
" Assign and supervise project staff.
.. Plan and monitor task budgets and st:hedules.
.. Maintain project files and documentation.
.. Execute and coordinate subcontracL<.i.
.. Prepare, and submit with the monl:hly invoice, status reports outlining the
progress of the work, summarizing budget and schedule status, identifying
major tasks, and posing questions rt.'quiring resolution.
Additionally, CH2M. HILL's project manager will, withi.n five days of receipt of notice
to proceed, schedule and conduct a kkk-off meeting. ''[lIe :meeting will be held in
HHlsborough or, as otherwise mutually agreed upon, and be attt'nded by the OWNER's and
ENGINEER's key project manaf;ement and ted-Ulical staff. 'Ille purp.ose of the work.;;hop
will be to jointly discuss and obtain endorsem.€'l'I.t of the proJect purpose and go<'lls, team
member roles mid responsibilities., metdcs, and operational guideHn.t~s.
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Minutes Approved: June 12, 2006
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During the course of lhe project, not to exceed eight (8) separate, half-day progress meetings
will be held bet-ween the ENGINEER and OWNER ENGINEER wiu submit a proposed
Agenda to the OWNER pdc)r to each meeting. ENGINEER will prepare meeting notes and
submit to the OWNER within seven (7) days following each meeting. M...>eting notes will
summarize the key discussion items and dedsions.
Task 101 ., Data Collection and Review
The ENGINEER will review the most recent two years documentation of readily available
plant influent and effluent data (biodtem.ical oxygen dc~ma.nd, total stL5pended solids,
volatile solids, total Kjeldahl nitrogen, ammonia nitrogen, nitrate nitl'ogl..'I'l, phosphorus, and
alkalinity). The OWNER shall provide additional sampling and testing of the plantinflu.ent,.
effluent, or sid<..'Streams to supplement existing data, for th.e purpose of developing design
loadings, Data will be summarized, and average, peak month, peak Wl..>ek, peak clay, and
peak hour mass loading c:riteda for the design, of the expanded facility will be
reconunended. Flow projt.'Ctions will be developed based on NCDENR Construction Grants
and Loans (CG&L) guidelines and on master plaruring <Uld infiltration and inflow studies
provided by th,e OWNER. The results, findings, and recommendations of this task will be
sunm\i'lrized in the, .PER.
T.iSk 102 - Regionalization Assessment
TIle ENGINEER will deteImine the infrastructure requirements .for transferring wastewater
to tlU! City of Durham's wastewater collection system, An assessment will be made of
pump and wetweU size, location, power requirements, force main size and routinf;, stream
and roadway crossings, and permitting requi,rements. The ENGINEEI{ will conduct one (1)
meeting with representatives from the City of Durham to deutnuine the preferred point of
conm,'Ction, the ext:ent and timing of any required upgrades to the Durham collection
system, the drcumstances, timing and possible charges for connection to the Durham
system, 1he findings, conclusions, and. recornmend.ations will be summarized in the PER.
Task 103 -Existing Facilities Assessment
lhe ENGINEER will conduct an assessm",'nt of existing tll!atment systems. 'Ute purpose of
this assessment will bf! to evaluate the condition and capilcity of each unit trtlatment
operation and to identify its capabilities and constraints with n~spe'd to the planned facility
upgrade and expansion. Consideration will also be given to the impacts of inflow and
infiltration (Ill) within the OWNER's sanitary sewer collection system, based on existing
data furnished by the OWNER. 'Ole general condition..,;, level of pO(isible integration with
new facilities, and required level of repair and retrofitting wiUbe addressed in the PER. The
ENGINEER's recollunendatiol"ls for upgrade of support .to.ldIitics (administration and
laboratory space, pllrts storage, and rna.intenance shops) will also be addressed.
Task 1M - Process Modeling
'nle :bNGINEER will model the existing wastewater treatment processes and alternative
improvements. Simlll~ltio,ns will be develop...>d to confirm current operations and to predict
treatment performance of new facilities at future pollutant loading conditions. Copies of
sample input/output files and relevant mass balances will be furnished to t.he OWNER and
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May 8, 2006 Regular Board Meeting
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Minutes Approved: June 12,2006
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reviewed at the Workshop following Task 105. 'n\€' findings, conclusions, and
recommendations will be summarized in the PER.
Task 105 ~ Evaluation of Direct Discharge to the Eno River
The ENGINEER will determine facility upgrade and expansion H~quirements to discharge
treated effluent to the Eno River. 'l11e upgrade and expanskm requirements will be based on
Speculative Effluent Disc.harge Limits issued by NCDENR Division of Water Quality
(DW(l), .ENC1NHER wj}} prep<lre thl!3' l"equ($t for Speculative l::lt7ueat Di.'i'<.:1"large lJmits, as
outlined in Phase 300. Preliminary, primalY, secondary llnd advanced. treatment
requirements will be detem,ined and order-of-.magnitude capital and operation and
maintenance <:osts developed for this alternative.
lhe ENGINEER will develop esl::inultes ofbiosolids quantities .1nd char.acteristics associated
with the wastewater treatment altel11atives developed. Options for s management (landfill,
land application, beneficial tlse) will be identified along with assodated treatment and
stabilization alternatives. Order-of magnitude capital and operation and maintenance costs
for the viable biooolids stabilization and management alternatives will be developed.
Alternatives will be ranked based on estimated costs in additi.on to tedmkal ;:md"ilualitalive
factors such <~';i reliability (demonstrated track rt."Cord), potential fot' public acceptance,
odor Inoi'5e/t!'affic impacts, health risks I concerns, future ret~ulatory compliance and
environmental impact,>, flexibility, operational complexity / maintenance requirernents, land
and siting requirements, and aesthetics~ The ENGINEER will sumrnal'ize the findings,
conclusions, and reconunendations in the PER.
Following the completion of this Task, a work~hop will be held with. the OWNER and
ENGINEER to present and discuss the findings, conclusions, and recommendations of Task<;
101 through 106. Within seven (7) days foIlo'wing the workshop, the ENGINEER will .
prepare meeting notes and submit to the OWI\TER. M~!'eting nol:l)5 will summarize key
discussion items and. dCK.:ument decisions relevant to the work Items for discussion may
include design flows and pollutant mass loadings, existulg facilities ass(!ssment, \j'luid
treatment and disposal, pumping station si2'.t~ and force main routing and residuals
management alternatives.
Task 106 - Evaluation of Land Application
'TI,e ENGINI:.'ER will make a prelimirlary as..<;essment of land appli<:ali.on as an alternative to
direct discharge. Potential :sites will be identified and their general suitability detennined.
Treatment, transmission, storage, and application requirements will be ol!termined and
order-of-magnitude capital and operation and maintenance costs developed for this
alternative. The ENGINEER will summarize the findings, com:lus:ions, and
recomxnendaHons in the PER.
Tasl, 107 - Evaluation of Treated Effluent Reuse
TI\e ENGINEER will make a preliminary assessment 01' treated effluent reuse at the local
golf course dosest to the W.WI'P, and at other viable local sites. Treatment, treated storage
and trazlsmission requirements will bt. identified and order-()f-magnitude capital and
operation and mainbi.'nance costs developed fm this alternative. The ENGINEER will
summarize the findings,. conclusions, and recommendations in th*l PER.
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May 8, 2006 Regular Board Meeting
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Minutes Approved: June 12.2006
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Task 108 - Combinations of AltemaHves
The ENGINEER will evaluate the feasibility of a combination of discharge altematives lo
delemlme the fea5ibi.lity of such an approach to meeting the OWNER's long term needs.
Treatment and transmission requirements will be identified ,md order-of-magnitude capital
and operation and maintenance costs developed for this alternative. The f:NGrNEER will
summarize the findings, conclusions, and recommendations in the PER.
Task 109 - I'reliminary Engineering Report (PER)
The ENG1NEER will prepare the PER base~l on the findings of the previous Tasks,
presenting the technical work and decisions reached in the project wo:rkshops. Format for
the PER will follow the guidelines as required by Construction Grants and LOlln.'i (CGlkL)
and will include perli.nentinfonnation required by <111 Engi.n..~ring Alternatives Ana.lysi.<i
required for NPDES pem\it modifications. The PER will include a present worth <\1lalysis
for each of the alternatives, user charge a'3sessmfmt, .md ii.nancial capabilities analysis. A
present worth analysis will include the following components:
1) Estimate or capital costs
2) Cost for engineering, start-up services, operation &; maintenance miumal,
land and easement acquisition
3) Amlual operation and maintenance costs for all faci.litil'-".S
4) Present worth of replacement costs
5) Present worU\ associated with any salvage value
6) 2% closing fee for CG&L tmm .funds
The PER will summarize the design criteria and prese,nt the wastewater disposal
configuration that will be carried forward to detailed design and construction.
flour (4) copies of the PIIR will be ium.ished to the OWNER for l'l~view. After a two-week
review period, a workshop will be held 10 di<;cus:s the PER and to receive any comments.
FoUowing the workshop, 22 paper copies of a final PER will be prepared for submittal to the
OWNER and to NCDENR as required.
ENGINEER will also schedule and participate in two (2) meetings with the OWNER and
NCDENR to review the PER and in public hearings in coordination with the Enviromnel'ltal
Assessment. ENGINEER shall also revise and update the PER based on CG&L comments,
one time. Additional revision.'> shan be performed a,,<; an additional service.
54
May 8, 2006 Regular Board Meeting
Page 55 of 62
Minutes Approved: June 12,2006
,,,_,_,,,~_,,,__,,,___,_,,,,,_"____"""'''''''''___'"N'N''''''''''''''''''''''''''''...__......................................._..._.............."..__......,.........._................__............_..............._........_..._.N._.......""....."""""..,
Phase 200 .. Environmental I'em1.itting
Regardless of the wastewater alternative seted:ed, environmental permitting is requirt~d. It is
as.:sum.ed that an Envimnmental Assessment (EA) will be sufficient for obtaining a Finding
of No Significant Impact (r:ONSI).Prepzu'ation of an Environmental Impact Statf~rn.ent (EIS)
:is not ind\ldt.-d as part of this scope.
CG&L will be responsible for distributing the EA to staff within the North Carolina Division
of Water Quality and other agencies within NCDENR CG&:L will :receive coml1\t-:lnhJ and
submit them to the OWNER and ENGINEER Once all COl.1unents have be<m addressed to
the satisfaction of CG&L, the EA will be submitted to NCDENR for final review and
approval.
TASK 201: Prepare Request for Speculative l..imits.
ENGINEER will prepare the Request for Speculative Lhnits Letter. The letter will be
submitted to the OWNER for review and. submittal to DWQ. One meeting is anticipated
with DWQ to discuss speculative limits. Waler Quality Modeling of the Eno Rive.r and
Ellerbe Creek is not included in this scope.
Deliverable"
.. Draft Request for Speculative. Limits for review and (..ommen!' by the OWNER (
.. Revised Request for Speculative Limits to submit to NCDENR DWQ
TASK 202: Prepare Soeope of Study Docum.ent
ENGINEER will develop a draft scope of study document based on proposed wastewater
improvemenl:s including any increased discharge and submit to the OWNER .for review.
After incorporating the OWNER's comments, the scope of study document will be
submitted to CG& L for submittal to the EnviromnentaI Bulletin at the Stal"e Clearinghouse.
One scope of study meeting will be held with the NCDENR .lgendes to obtain mn:unents
regarding the project. It is anticipated that the issues to be discussed at the scoping meeting
will include, but not be limited to, comnlf!nl:s on issues l"elated to the wastewater flow
projections, the altematives evaluation and additional altemativ(Y> to be evaluated,
environmental surveys required, potential environmental effects and mitigation me.ClSUY'CS.
Comments rt..'Ceived vi.1 the scoping pl'Ocess wiU be cQI:\Sidered arid addressed in the EA.
Deliverabh..'S
" Draft scope of study document for review and COImmmt by the OWNER
.. Revisf~d draft scope of study document, submiUed electronically to CG&L.
" final scnpe of study document. submi.tted to :Envi.ro:nmental Bulletin (19 copies to Slate
Clearinghouse, and 2 copies to OWNER)
'" Meeting summary for one meeting with CG&L and NCDENR agencies
55
May 8, 2006 Regular Board Meeting
Page 56 of 62
Minutes Approved: June 12,2006
~"""'''''''''N_",,,,_____,,,,,,__''''''_'H''''''''~''''''''''''--'''-''''''''''''''''...................................................-................................-...................-........,........................"..-..................-...-...----............-...-.....
.. SUllilllary table of conunents rl!ceived on ;;coping document and draft approach for
addressing COl:nments
TASK 203:Pr(~pare Draft EA
ENGINEER win prepare a draft FA for review by Ih(~ OWNER and NCDENR. A
preliminary outline of the Draft EA follows.
Section 1: Pl'Oject Des(:riptio1\
This sedi.on will include a discus!;ion of how the prcryect wi\.l meet the OWNER's
w.lstewater needs. TI',i.s section wili address local grolNth trends and future planning
in the Project Service Area, as provided by the OWNER
Section 2: P.roject PUrpOll1l ,md N(''-ed
The project purpose ,md. need will he discm;sed, with focus on the service area. the
projed will serve. Population and flow projections fOl' the next: 20 years will be
prE~sented .md the service aI'e~. will be defined, as pmvided by the OWNER.
Section 3: Alte'matives Evaluations
This section will evaluate cost, environmental impacts and other non-economic
factors for each of tile alternatives. 111i5 s!!ction wil.1 be based em lllePreliminary
Engint.>f~ring Report.
'I11e ENGINEER will include the following alt<!l'nzltives in the EA:
1) No Action
2) Optimwn Operation of EKisting Facilities
3) Lmd Application
4) Regional System
5) Waler Reuse System
6) Upgrade and expand existirlg Town of I-liIlsbomugh WWTP
Section '1: Recommended Facilities
'111e site plan for the plant expansion and potential force main route will be
evaluated .md discussed using infolIDation pr,epared for the PreJirninary
Engi11eering Report.
Section 5: Exjsting Environment
Currently existing environmental condition'! wiU be desC!".ibed for each of the
following categories. l11e existing environment both al the existing facility site and
within the servi.oe area win be discussed in detail. Erwiroz:ml(mtal impacts will be
analy:r..ed using GIS methodologies and by reviewing available pl.lbli:catio!1s and
data. It is assumed that GIS data is readily available from the OWNER and Orange
CmU1ty. One field visit to the existing plant site ,rod force main mute will. be
conducted hy the ENGINEER as part of this effort. It is also assw:ned that a force
main would. be constmdcd within NCDOT righl-oi-ways, therefore, access to
6
56
May 8. 2006 Regular Board Meeting
Page 57 of 62
Minutes Approved: June 12,2006
__...H_...".._.H_..._...._.........__~_.........,_..,.._...,,_~,_..............._......................................__.._..___.........,......................_......__...........'.......N._.............m."...-..................,....."..._..................."..................-,..
private lands will not be needed. No wetlands delineation is included as part of this
swpe.
1) Topography and floodplains
2} &")ils
3) Land use
4) Wetlands
5) Prime orlmique agdculturaJ. bnds
6) Public lands and scenic, recreational and state natun:Il areas
7) Area.'5 of ardleological or historical vahle
8) Air quality
9) Noise
lO} Water Resources (Surface and groundwater)
11) Forest resources
12) Shellfish or fish and their hahitats
13) Wildlife and natural vegetation (including discussion of any threatened or
endangered speches)
14) Intl'oduction of toxic substances
St."Ction 6: Emrironment.."'ll Consequences
111e Environmental Consequences section will state the din!{:t and secondary and
cumulative environmental impacl'J or the selected h'eatment and dispml."ll alfl~mative
on the project service area ba'5€d 011 the site visit, available CIS arId other electronic
data and reports. No field studies will be performed. Impacts to be addn~ssed in tht'
EA will include at least a brief discussion of tht~ categories prese.nted atxw(~.
Section 7: Mitigation.
The Mil'igation Section will describe proposed methods for mitigating or avoiding
significant adverse direct environmental impacts. This section wm include
summaries of existing Federal, State, ,md local programs that will help mitigate
impacts. Tables will be prepared to show how impacts described in Section 6 will be
mitigated. This scope does not include the development of mitigation plans, local
pmg-rams or ordinances, though these services may be provi.ded as an additional
service.
Section 8: References
Apj)endix A: Supporting. Documents
Request.for Spt..'CuIalive Limits Letter and response provided by the
NPDE5 Permitting Unit
57
May 8, 2006 Regular Board Meeting
Page 58 of 62
Minutes Approved: June 12,2006
.N.N_'>SU.............H'_"'__...,..._........._...H....H......-~........................................._................................................-........................"'..'-............."....H.H..."'.~"..._".."......."."..."'''.............,,........''''.............."........
Appendix B: Environmental Justice Assessment:
111C ENGINEER will prepare and Errviwnrnental Justice Assessment as follows.
a) Readily available US Census Data will be utiliZt~d to i.dentify and document: the
existence of minority and low-income populations in the service area or in
proximity to the service area.
b) If minority and! 01' low..income populal'ions exisl:, a disparities, if any, in the
provision and location of sewer treatment and conveyance facilities between the
general population and the minority and/ or low..income population.s wi\I be
identified and an explanation provided
c) Document.."'Ition will be provided. to demonstrate that minority and/or low-
income populations were provided an opportunity to comment, provid.e input,
and identify issues of concern for the proposed. proyed.
It is understood that if it ;$ determined that minority and! or low..income
populations are impacted disproportionately and adversely, then, the OWNER may
be required to reevaluate alte.rnativt.'S and develop mitigation measures.
Developm(mt of alternatives or mitigation measures is not induded as part of this
scope.
Appendix C: Agency Involvement
Appendix D: Local Ordinances and Information
111e draft EA will be submitted to the OWNER for review and comment. 'The document will
be revised, approved by the OWNER and submitted to CG&rL Section staff for conunent.
Based on CGtStL ::>ection comments, the EA will be revised, approved by the OWNER and
submitted to NCDENR agencies for review and commen!. After th..~ receiving agency
comments, CONSULTANT will prepare a SUllUn.."U:Y tab!e of the conm\ents received and a
brief description as to how each comment will be addressed in the Final EA. It is
anticipated that. one meeting with CG&L and one m.eeting wifh NCDENR ag(''Ildes will be
held to discuss comments and propos.~d mitigation. It is assumed that the COIIunent
summary table will need only one revis:ion based on the meetings; this om~ revision will be
presented in Appendix C of finelI EA. It is asswned that these meetings will result in
agreement between the OWNER and NCDENR about what should be indu.ded in the final
EA to obtain a FONSL No other meetings or negotiations will be required.
Deliverables
.. Preliminary draft FA (2 copies) submitted to I:he OWNER for review and comnlent:.
.. Y.~vi'>(.'"<i draft EA document (3 COpif!S) submitted to CG&L S(.'Cl:ion fo!' review and
comment.
" Draft EA dOClUl1Cnt (10 copies) submitted to NCDENR for review and comnl(~nt.
.. Draft sl.lmmary table presenting all the comments received for the Draft EA and a brief
description as to how each comment will be <\ddressed in the Final EA.
58
May 8, 2006 Regular Board Meeting
Page 59 of 62
Minutes Approved: June 12,2006
.."..._......_._.....__."'_...___...__......_,......."..._.._..H.......~.".............._.H...__....'..................._"......_........"..........................._....."...."....,..............................-.."..-...-.."'''''...............-.......-............"..,_.....,,-..
o Two meetings, one with CG&L i:md one with NCDENR agencies to rt~view draft EA
document. Meeting summaries will be prepan!d to d.ocumen!: subst.antive agreements
and decisiolls.
TASK 204: Prepare Final EA
ENGINEER will revise the draft EA to incorporate and address all conunents received
during the review process, and submit the final EA t.o CG&L Section staff for the issuance of
a Finding of No Significant Impact (FONSI). CG&L will submit the document and FONS! to
the State Clearinghouse for notice of availability in the Envimnmenta! Bullet1n. It is
assumed that CG&L will have no additional comments on the EA. It is also assumed that
any comments on the draft EA will not require additional GIS analysis (minor modifications
may be made to maps, but data queries will not need revision).
Deliverables
" Final summary table presenting all the conunents received for the Draft EA. and a brief
description as to how each comment is addressed in the Final EA
.. Pinal EA (2 copies) to the OWNER for approval
" Final EA to CG&L - assume 19 copies
TASK 205 Prepare NrDES Permit Application. Package
ENGINEER will prepare the NPDE"S permit application package concurrently with
preparation of !he EA, if necessary. FOIm 2A will be used for the application package. The
OWNER will provide any monitoring data that are needed and pelform additional
monitoring, if nect.'Ssary, to support the NPIJES pemlit application. 'fhe NPDES pemlit will
be submitted aftv~r a FONSI is :received for the .EA. This scope does not include attendance
at a public hearing nor n~sponses to comments made at a public: hearing.
Deliverables
'" Draft NI'DES Permit package submitted to OWNER for review.
.. Revi.o;ed NPDES Permit package approved by the OWNEl\, and submitted to NCDENR.
Phase 300 - Project Funding & Grants/Loan Assistance
This effort. will focus on the USEI' A, NC Clean Water Management Trust Fund, NC
Construction Grants and Loans, and the NC Rural Center funding resources. The
ENGINEER will perform the following task~.
A. Coordinate with OWNER to identify potential funding sources. Contact potential
funding agel\cies to review project:, determine availability of funding,. and identify
criteria to receive funding. Based on the findings of this effort, the OWNER shall select
the viable funding sources to pursue.
B. Prepare funding applications, suppOIting documents and analyses in coordination with
tht~ OWNER, for the selected fundi.ng programs and coordinate n~sponses to
questions/requests from funding agencies. Assumes two (2) applkations.
59
May 8, 2006 Regular Board Meeting
Page 60 of 62
Minutes Approved: June 12,2006
--.........-..".....----.......................-................-............-'..........--."...................-.....---................................................."........................."..."
C. Coordinate and attend public hearings/meetings/work'5hops as r.equired by funding
source. Assumes one (1) public hearuIg/mf"etingJworh.shop.
Deli verables:
.. Funding applications and supporting doctlments
" Material for public hearings/meetings/lI.;orkshop,
Phase 400 - Detailed Desig'n (Not Used)
Pha.se 500 - Bid P}lase Sel'Vices (Not Used)
Phase 600 - Construction Phase Services. (Nol Used)
Phase 700 - Supplemental Services (Not Used)
Phase 800 - Ad.ditional Services
Services under Phase 800 will b.! provided only as authorizl'..-d in writing by t.he OWl\lER.
Final scope and cost of Additional Services shall be as agreed upon in the written
authori7.ation to proceed. Examples of Additional Services include:
" Services resulting from changes in the extent of the Project including but nOllimited to,
changes in plamlcd capacity, changes in complexity, or OWNER's schedule;
co Preparation for and attendance at meetings not specifically id1i~nt.ified in this work scope;
.. Wetlands, floodpl.ain, archaeological, and related field :iIwe,;til~atiorl3; and
.. Environmental Impact: Statement
ARTICLE 2 - SCHEDULE
The ENGINEER will begin work under this Agreement when authocb.;(~d by the. OWNER.
ENGINEER will complete the ~;coped preliminary study and €nvironmental!)cr.mitting
task'! within twelve (12) months of receipt of authorization, schedule attached, contingent on
timely participation/ responses by OWNER and regulatory agencies,
10
60
May 8, 2006 Regular Board Meeting
Page 61 of62
Minutes Approved: June 12, 2006
~__M""""'''__'''''''''__'''''''''''''''''__''''''''''''''''''_'''''''''_'''''''''''''''_-...,................"'.........................-..........................................................................................................................."".............................."'......"."..."'.......".....--................-.-.....................--......"...--
ATTACHM~ENT B
COMPENSATION
ARTICLE 3 - COIVl:PENSATION
Compensation for the Scope of Services dt.'SCri.bed her.ein shall be as shown below.
Description ---.-.----- --Amo;;n-t------ --- Fee-Typc:------
Phase 100 FreIimini"ry-fulgineerlllg Study-- -'--"-il0oiiiili-- _....._-:-...--I~l~p-~-_.-
Phase-ioo- -E;viro~tmental Permitting----- ---$9s7iiM)"-'.'--' --.---- LU:;;-p-~;~U;-'--
Phase 300
ProIectFullding &; GranVI.A);;ul- ---- $20-;-5&f-' -'-'.'-Houdy ----
Assistance
-Phasi800 Additional SeI.;1ce;-----.-..-...- ---$25,i~50------
'fBD
TOTAL
$240.000
Note: Phase 400 - 700 not used this authorization
ENGINEER will invoice OWNl~R monthly for payment for serviu!s completed within the
billing period. Accompanying each invoice shall be a hrief let.ter progress report d.escribing
the work accompli':lhed in the period and any issues which lnay affect the agl'l:''1~d schedule
or cost of the project.
OWNER shall review <md pay ENCINEER's montllly invoices within thirty calendar d.ays of
receipt. OWNER shall have the right to reject: any invoice or part thereof if, as determined
solely by the OWNER, the reimbursement re<]u(~ted. is unl'ei1sonably in excess of the actual
percent of completion.
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103 ExIsting Facilities /l.ssessmenl
104 Process Modeling
10S Ene Ri_ OiSc.'large
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107 Treatee! Wastewater Rausa
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109 Pre!lmma:r)" Engin6~"'ing Report
13----1 Er.vtronmsntgJ P~itting
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15
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