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HomeMy Public PortalAbout06-12-2006 Regular Meeting June 12, 2006 Regular Board Meeting Page I of 19 Minutes Approved: September II, 2006 Town of Hills":' SIr-.:.17S4 MINUTES HILLSBOROUGH TOWN BOARD June 12, 2006 7:30 PM, Town Barn The Town of Hillsborough held its regular meeting on June 12, 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, Town Clerk/Personnel Officer Donna Armbrister, Planning Director Margaret Hauth, Police Chief Clarence Birkhead, Finance Director Greg Siler, Fire Marshal/Code Enforcement Officer Jerry Wagner, and Town Attorney Bob Hornik. 7:32: 12 PM Mayor Stevens called the meeting to order at 7:32 p.m. 1. PUBLIC CHARGE 7:32:35 PM Mayor Stevens did not read the Public Charge, but indicated it would be followed. INTERVIEW: VOLUNTEER APPLICANT AND CONSIDER APPOINTING TO FILL A V ACANCY ON THE HISTORIC DISTRICT COMMISSION WITH A TERM ENDING JULY 30,2009 7:32:46 PM John MacAulay was interviewed by the Board for a position on the Historic District Commission. It was noted that Mr. MacAulay was interviewed and endorsed by the Historic District Commission. Mr. MacAulay said this Commission was the link that held the historical character of Hillsborough to the changes that were taking place and that must take place. He said he was anxious to be involved. 7:34: 14 PM Commissioner Evelyn Lloyd arrived at the meeting. Mayor Stevens thanked Mr. MacAulay for volunteering. He said he also wanted all boards to be friendly, facilitative, and as fair as possible for citizens. Mr. MacAulay said he agreed wholeheartedly with that. He said he had two goals in mind if appointed to the Commission. He said one was helping and working with the Commission to clarify some of the ambiguities so that the guidelines become clearer and more rigorous, and reduced the uncertainty felt by citizens. Secondly, he said education was a part of the mission of this Commission. Mr. MacAulay said when people came to Hillsborough they needed to be educated about the special historic district here and the protection of it as well as the methodologies that must be adhered to.. Mayor Stevens noted that this appointment would be considered during the Appointments section of the agenda. June 12, 2006 Regular Board Meeting Page 2 of 19 Minutes Approved: September 11,2006 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:38:01 PM Joe Phelps addressed the Board regarding concerns he had brought before them several months ago, noting he had not yet received a response. He said one of his concerns were agendas, noting that this week's agenda had not been put online until mid-day today. Mr. Phelps said just having the agenda before the public was not helpful because it only listed the topics to be discussed. He said it would be helpful in keeping misunderstandings to a minimum to have some information available for the public. Mr. Phelps said another issue was the difficulty with the sound system, noting that many times it was impossible to hear the conversation from the Board, particularly with the HV AC system cut on. Mayor Stevens noted that there was a position available with the Town for a part-time Public Information Officer. 7:41: 16 PM Jim Dooley, representing the Board of Directors of the Chamber of Commerce, addressed the Board regarding Hog Day, scheduled for this Friday from 6:00 to 9:00 p.m., and then all day Saturday. He distributed Hog Day memorabilia to the Board members. Responding to a question from a Commissioner, Mr. Dooley said they had moved the stage back down towards the Eno River, and moved half of the crafters over to where the stage area was last year. 3. AGENDA CHANGES & AGENDA APPROVAL 7:44:55 PM Commissioner Hallman pulled Item 11.E, regarding operation and rules for public parks, from the Consent Agenda, to be placed at the beginning of the Decision Agenda. 7:45:49 PM Upon a motion by Commission Lowen, seconded by Commissioner Lloyd, the Board moved to approve the agenda with the specified change by a vote of 5-0. The motion was declared passed. 4. APPOINTMENTS A. Re-Appoint Phil Ray, Holly Reid-Shaw, Cathleen Turner and Joe Rees to the Hillsborough Tree Board with terms to end May 31, 2009 7:46: 10 PM Mr. Potts presented stated those members terms had expired and all had asked to be reappointed, however they had two additional applications from volunteers. He said if the Board wanted to consider them the applications could be brought back at a later time. Commissioner Gering asked how many members were on the Tree Board. Mr. Potts responded five. Commissioner Gering asked had it always been the case that so many members' terms expired at the same time. Mr. Potts said no, that it had evolved that way over time. Commissioner Gering said his concern was that this reappointment would be a second term for all of these individuals. Mr. Potts said at the least. Commissioner Gering said that would mean they were facing the majority of the Tree Board disappearing once these terms were completed. He said he worried about the continuity, and asked if 2 June 12,2006 Regular Board Meeting Page 3 of 19 Minutes Approved: September II, 2006 Mr. Potts or the Tree Board could help to address that. Mr. Potts suggested appointing two members to two-year terms and two members to three-year terms to stagger the expiration dates. Commissioner Gering said he did not want to suggest that be done now, but it should be considered soon. Mr. Potts said the Tree Board had been discussing that issue, as well as amending the ordinance to allow more members and revise term limits. 7:48: 17 PM Commissioner Lowen said if the Tree Board was working on increasing the membership number, perhaps we could temporarily extend the present terms to allow that the two new applicants be considered. Mr. Hornik stated that unless a member resigned, they would continue to serve until someone else was appointed to fill their vacancy. He said technically these terms could continue. 7:49:33 PM Commissioner Lowen noted that the four terms at issue here had already expired, and asked if they did not reappoint them now, would they automatically go forward into another term. Mr. Hornik said their term would continue on until someone was appointed to replace them. Commissioner Lowen said if the Board was working to increase membership, and we had two additional volunteers who wanted to serve, we might be able to expand the Tree Board and include all of the applicants. Mr. Hornik noted that this Board would ultimately decide expansion of the number of members on the Tree Board. 7:50:39 PM Commissioner Lowen suggested reappointing the members now on the Tree Board, and then have the Tree Board make a recommendation as to how many additional members it might need. Mr. Potts said he would ask the Tree Board to make a recommendation to this Board as soon as possible so that the two additional applicants might be considered. 7:52: 11 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved to reappoint Phil Ray, Holly Reid-Shaw, Cathleen Turner and Joe Rees to the Hillsborough Tree Board with terms to end May 31; 2009 by a vote of 5-0. The motion was declared passed. B. Appoint Volunteer to fill a vacancy on the Historic District Commission with a term ending July 30, 2009 7:52:36 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to appoint John MacAulay to a vacancy on the Historic District Commission by a vote of 5-0. The motion was declared passed. It was noted that the agenda numbering was incorrect, with Items 5 and 6 missed. Item 7 were the next item on the agenda. 7. COMMITTEE REPORTS 7:52:56 PM Commissioner Hallman reported on the Parks and Recreation Board, noting the Town had sponsored the Walkable Hillsborough Day, and thanked that Committee for its hard work. He said regarding the Mountains to the Sea Trail, we were ready to endorse our section of the draft map but that would not be considered until the fall. Regarding the Transportation Advisory Committee, 3 June 12,2006 Regular Board Meeting Page 4 of 19 Minutes Approved: September II, 2006 Commissioner Hallman stated a public forum would be held on Wednesday night regarding the Transportation Improvement Plan. He said the meeting would be held in the City Hall Chambers in Durham at 7 p.m. Commissioner Hallman said regarding the Economic Development Commission, he had provided a CD to the Board that would be given to new businesses coming into the area. He said the CD contained all sorts of statistics and data regarding a five-county area. Commissioner Hallman said the Commission had received some interest from people regarding building in Oakdale Village, noting one was from a local restaurant chain and another was a bakery. He said there was a major retailer looking to relocate along the 1-40 corridor in Orange County, and we should be hearing about that soon. He said it would mean 200 new jobs for the area. Commissioner Hallman said he was unable to attend the Strategic Growth Plan meeting. 7:56: 11 PM Mayor Stevens said he had attended most of the Strategic Growth Plan meeting, and the Committee had been looking at three scenarios of land use. He said all three of those plans might be constrained by water, so they were looking at how the land might be used. Mayor Stevens said the Committee engaged in an exercise of looking at the land as if there were no constraints just to bring out some ideas. He said at their next meeting they would be considering how to present that to the public. 7:57:33 PM Commissioner Gering said the Transfer Development Rights Task Force had its final meeting on June 6, and voted to unanimously forward their assessment to the County Commissioners that the Transfer Development Rights program was feasible. He said it was up to the County Commissioners to flesh out any additional details or gather public comment. Commissioner Gering said there were many questions about such a program that were unanswered, and could not be answered with a lot more analysis and public input. Of note, he said, in at least its initial incarnation municipalities would not be included in the program, primarily for pragmatic reasons. Commissioner Gering said the Churton Street Corridor Committee had shared its plans at the Walkable Hillsborough Day on June 3, with success. He said there were lots of comments as well as enthusiasm. He noted that the staff was now finalizing the report, which would be displayed on the Town's website when completed. Commissioner Gering said there was an open house scheduled prior to the workshop on June 29th at 6:00 p.m., with a presentation of the material. He said there would be a public hearing in July where the recommendations would be heard, and the Town Board could take action at that point regarding the next steps. Commissioner Gering thanked the Town staff, Margaret Hauth and Stephanie Trueblood, for their hard work in making this a successful project. He said they had also received a great deal of aid from the State Department of Commerce, Division of Community Assistance, noting they had assisted in helping us achieve a higher level of success. 8:00:43 PM Commissioner Hallman said in our Economic Development District (EDD) and in the Buckhorn EDD, water and sewer had now been brought into that area. He said there was talking about bringing water and sewer into the Eno EDD as well. 4 June 12,2006 Regular Board Meeting Page 5 of 19 Minutes Approved: September II, 2006 8:01: 31 PM Commissioner Lloyd stated she had nothing new to report regarding the Fire Department, noting they would be meeting next week. 8:01 :55 PM Commissioner Lowen said the presentation given regarding Northside initiative and how to perhaps do something like that in Fairview was a good one, and a follow-up meeting was schedule. He said he was interested in looking at some of the problems, particularly crimes involving drugs, and how to crack down on that. 8:03:02 PM Mayor Stevens said he was impressed by the cooperation between various agencies in Town and County, and that was needed in order to make things happen. 8. REPORT FROM THE TOWN MANAGER 8:03:35 PM Eric Peterson reported that tomorrow was the last Hillsborough University practical writing class, noting that eight more students would be coming into the new class. Mr. Peterson said the Board had recently discussed holding training sessions for the Town Board as well as advisory boards and other committees. He said many things were being added to the agenda for the Board, and asked if the Board wanted this issue added sooner than later. 8:04:57 PM Mayor Stevens said the question was having a joint workshop with the advisory boards about legal processes and other processes, and whether we wanted to do that in September or move it forward to August. 8:05: 17 PM Commissioner Lowen said he was supportive of holding this workshop, and suggested holding it in September until vacations were completed. Mayor Stevens agreed, and asked the Manager to place it on the September agenda. Mr. Peterson reminded the Board not to leave at the end of the meeting until he was able to retrieve the letters to be sent to their legislative delegation regarding a return of the funds taken by the State in 2002. Commissioner Gering stated those letters were in support of two bills, one in the House and one in the Senate, asking that approximately $225,000 be returned to the Town. He noted that was 4 cents on the tax rate. He asked that the public speak out in support of this. 9. REPORT FROM THE TOWN ENGINEER 8:07: 14 PM Mr. Peterson remarked that the Town Engineer was away at a conference and not present to provide a report. 10. REPORT FORM THE PLANNING DIRECTOR 8:07:26 PM Ms. Hauth called attention to the Top Enforcement Issues log sheet, noting they had made good progress during the month of May. She said that most of the issue son that list would be resolved by the end of June, and then next month new top priorities would come forward. She said much work was focused on the Churton Street Corridor and wrapping it into the Strategic Growth Plan, as well as starting on the Highway 70 Corridor. Ms. Hauth said they were also moving forward 5 June 12,2006 Regular Board Meeting Page 6 of 19 Minutes Approved: September II, 2006 with planning for Gold Park. 8:08: 19 PM Commissioner Gering said as we considered development projects in the past, recently we had asked developers to demonstrate how they would provide green buildings or practices, and we had achieved good results from that. But, he said, we could be a lot better if we incorporated those concepts into our ordinances, and suggested we direct the Town staff to evaluate the time, expense and effort to bring back suggested additions to the ordinances to make our developments more green. Ms. Hauth said there were a wide variety of topics that could be included in making things more green, so after the Board had had some time to think about it, the staff would like some direction about how far to go. For instance, she said, did they want to consider just buildings or look more inward towards redevelopment rather than just a green fields, and new development on currently undeveloped property. Ms. Hauth said she could provide some recent articles regarding this topic, and well as provide a local resource who could advise the Board regarding green building. 8: 10:29 PM Mayor Stevens said he believed the County was working on similar ordinances. Ms. Hauth replied the County had adopted some Smart Growth and Green Building Principles for buildings that they developed themselves, but was not sure if those principles had been integrated into their County ordinances. 8: 10:48 PM Commissioner Dancy said a presentation had been given to the Council of Governments regarding this, and suggested Ms. Hauth obtain that material. 8: 11 :27 PM Commissioner Gering said this was an opportunity to get ahead of the curve, particularly since we were considering an overhaul of our zoning ordinances. Ms. Hauth said this was an appropriate time since the Strategic Growth Plan was not yet completed. Commissioner Gering agreed. 11. ITEMS FOR DECISION - CONSENT AGENDA A. Consider approval of Meeting Minutes of the April 25, 2006 Joint Public Hearing; the May 8, 2006 Regular Board Meeting; the May 8,2006 Closed Session; and the May 18,2006 Budget W orksession B. Consider approval of a Resolution to adopt the National Incident Management System (NIMS) as the incident management system to be used throughout the Town during all emergencies and disasters C. Consider approval of Statement of Support for the Guard and Reserve D. Consider approval of an Ordinance to amend Chapter 4 of the Town Code to reflect changes in Occupational Groups E. REMOVED F. Consider adoption of a Resolution calling for a Public Hearing to close a portion of Webb Street and set the Public Hearing for July 25 G. Consider approval of various Budget Amendments H. Consider approval of a contract from Dixon Hughes to perform Audit for Fiscal Year ending June 30, 2006 1. Consider approval of revised Agreement with Orange County to collect city taxes on behalf of the Town of Hillsborough 6 June 12,2006 Regular Board Meeting Page 7 of 19 Minutes Approved: September 11,2006 J. Consider approval of Contract for GIS continuation 8: 12:39 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board voted to approve the Consent Agenda by a vote of 5-0. The motion was declared passed. 12. ITEMS FOR DECISION - REGULAR AGENDA Consent Agenda Item 11.E 8:13:13 PM Commissioner Hallman asked about the wording which stated, "Upon complaint by any person or town police, any person upon any town parks after the park has closed may be asked to leave. It shall be unlawful to remain upon the park during the time the park is closed after being asked to leave by any police officer." Commissioner Hallman said that implied that it was not unlawful to be there until you were asked to leave. He said that was not necessarily a bad way to do it, but wanted to make sure of the intent. Ms. Hauth said the intent was to make sure that it was understood that a person had to leave when they were asked to leave, and that if they were peaceably there and not disturbing anyone, then the Town may be flexible. 8: 13:48 PM Commissioner Hallman asked how best to write this to make it easier for the police to enforce it. Police Chief Clarence Birkhead said they would like to the language to be as clean and tight as possible. He said in many jurisdictions their public areas closed at dusk, but the more specificity the better. Commissioner Hallman said his interpreted this to mean that if someone was in a park at 3 a.m. they were not breaking the law if they had not been asked to leave. 8: 15:07 PM Mayor Stevens asked if dusk was specific enough, or should a specific time be noted for closure. Chief Birkhead said he did not believe other jurisdictions had trouble in enforcing that language regarding dusk. 8: 15:42 PM Mr. Hornik asked if any of the parks provided parking spaces. Ms. Hauth said not at this time. Mr. Hornik said he asked because in the draft at Paragraph C, Subsection 3-49, it said that, "No person shall park, drive or ride motorized vehicles in any park." He suggested in terms of planning for the future, if we did have parking lot you wanted to make sure that you were allowed to drive your vehicle in the parking lot. Mr. Hornik said strictly interpreting this section, it would not allow for that. Ms. Hauth suggested adding language to say "outside of designated parking areas." Mr. Hornik said that was exactly what he would suggest to correct that. 8: 16:34 PM Mayor Stevens asked if we could adjust that language now. Mr. Hornik said regarding the issue brought up by Commissioner Hallman, he suggested removing the first sentence and amend the second sentence so that the second paragraph reads, "It shall be unlawful to remain upon the park 7 June 12, 2006 Regular Board Meeting Page 8 of 19 Minutes Approved: September II, 2006 during the time the park is closed." He said that removed the fact that if no one saw you there and no one complained, you would not be breaking the law. Mr. Hornik said then at Paragraph C, Subsection 3-49, it should read, "No person shall park, drive or ride motorized vehicles in any park outside of designated parking areas unless performing maintenance at the Town's request." 8: 18:39 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board voted to approve the ordinance amendment with the two amendments noted by Mr. Hornik by a vote of 5-0. The motion was declared passed. A. Discuss and Consider Adoption of the FY07 Budget and FY07-09 Financial Plan 8: 19:05 PM Mr. Peterson presented noted that after the last workshop, he had incorporated the changes directed by the Board, and produced the tables included in the packet in order to make sure everyone understood which items were being cut or deferred from the original recommendations, which additions were being made, and the different tax rate scenarios proposed. He said after the workshop the Board stated a preference for Scenarios 3 and 4, and therefore those two options were provided in drafts of two different budget ordinances. Mr. Peterson said Option 3 indicated a 5.4- cent tax increase that would bring the current tax rate up to 62 cents, and Option 4 was for 6.4 cents that would make the tax rate 63 cents. Mr. Peterson said Commissioner Lowen had brought up the possibility of exploring sidewalk construction on Nash Street, and the Public Works Director and Assistant Manager had talked with two different engineering companies about conducting a preliminary assessment to determine a cost estimate. He said it would be a challenge to provide a sidewalk there because of the drainage. Mr. Peterson said he did not yet know what the timeframe would be do bring that item back, but if sometime during the fiscal year the Board decided to pursue a sidewalk there, we could do an installment purchase to fund it. He said we could arrange the financing so that even if we were to move as quickly as we could, we could arrange it so it would not be a debt service financing in FY07. He said they could arrange it so that it was deferred to the next year. Mr. Peterson said that would mean we would only have to come up with the funds for the preliminary design work in FY07. 8:22:33 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, it was moved to adopt the budget as proposed in Scenario 3. 8:23:47 PM Commissioner Dancy said she had been out of town when these scenarios were discussed. She said it was a tough decision between this year and next year, and what needed to be cut or deferred. Commissioner Hallman said they had looked at the next several years and the effect of Options 3 and 4, and if you looked at the fund balance the impact was not that great between the two. 8:24:36 PM Commissioner Gering said he was pleased we were moving forward with sidewalks, and funding some of these things now with Option 4 might actually put the sidewalk project in jeopardy. He said he was reluctant to do that. Commission Lloyd said fund balance was her first concern. 8 June 12,2006 Regular Board Meeting Page 9 of 19 Minutes Approved: September 11,2006 8:26:03 PM Commissioner Hallman said he believed the Board had worked hard on this, and believed that even though the tax rate would be raised 5.4 cents, all of us recognized that there were segments of the Town that would get hit particularly hard. He said according to the recent census, 24% of the families in Hillsborough had incomes of under $25,000, so this was not something that they did without a lot of consideration. 8:26:51 PM Mayor Stevens called for a vote. The motion to adopt Option 3 was declared passed by a vote of 5-0. B. Consider Approval of Plans Review, Complaint, Permit and Fire Inspection and Fee Schedule 8:27: 10 PM Mr. Peterson said the Fire Inspection and Fee Schedule was the same as previously proposed, and complimented Jerry Wagoner, the Fire Marshal, for his hard work. He said the schedule itself was a dramatic improvement over the existing schedule in that it actually gave business owners an incentive to come into compliance. 8:28:28 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board voted to approve the Plans Review, Complaint, Permit, and Fire Inspection and Fee Schedule by a vote of 5-0. The motion was declared passed. C. Consider Equipment Financing Bids and Resolution of Garbage Truck Purchase Financing 8:28:50 PM Mr. Peterson said this year's budget contained the purchase of a garbage truck so that a currently-owned truck could be placed on back-up duty while it was still useable. He said they were currently using a demo truck that had worked quite well. 8:29:48 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy. The Board to approve the Equipment Financing Bids and Resolution of Garbage Truck Purchase Financing by a vote of 5-0. The motion was declared passed. D. Consider Approval of Water/Sewer Extension Contract for Ashton Hall 8:31 :25 PM Mr. Hornik said there needed to be a discussion of where we were headed before action was taken on the next four issues having to do with Ashton Hall 8:31:34 PM Ms. Hauth said the applicants' response to the Board was included in the materials as Attachment E. She stated the items were in the agenda in the order in which they needed to be acted upon. 8:32:37 PM Commissioner Lowen said he believed it was a good project, and the right spot for it. He said it had its challenges, but so did every project. Commissioner Lowen said he liked the plans, adding he did not believe the commercial aspect was too large. He said it would be a nice additional to Highway 70, and would like to see the project go forward. 8:33:22 PM Commissioner Hallman agreed, noting it was probably one of the best designed 9 June 12,2006 Regular Board Meeting Page 10 of 19 Minutes Approved: September II, 2006 developments they had seen, as far as layout and flare. He said he had printed out the latest water capacity study after we added Ashton Hall, and if we approved this project we could not do much else without finding another source of water. He said that would mean that any infill development or any potential to do something in town would have to be deferred until another source of water was found. Commissioner Hallman said the other part to this was that it would force us to look at funding the second phase of the reservoir sooner than later. Commissioner Hallman said the financial gain from this development was not that much when you considered that we were giving up a precious resource. He said getting $600,000 from this project was noting compared to that. Commissioner Hallman said the plans stated that the project would provide $620,000 worth of capital facilities fees, but that was not profit, but went to pay for the cost of the hook-ups to water and sewer. Commissioner Hallman said if you looked at the financial analysis of adding to our tax base, it said we would come out on top, but that was on the town side. He said the County, which provided the remainder of the services, had stated that residential usage would not bring positive cash flow. He said if we were going to give up water to a residential community that would cost us more and prevent us from doing infill development on potential commercial sites that would bring a better tax base to the Town, he could not support this project. Commissioner Hallman said it was a beautiful project, but the wrong time for it. 8:36:35 PM Commissioner Dancy said she appreciated the applicants' suggestion of providing $120,000 in matching funds, but she was not supportive of this project. 8:37:03 PM Commissioner Lloyd said she was very concerned about the water issue as well. She said they had to work hard to get the first phase of the reservoir, and did not want to sacrifice it. She said she was also concerned about the mixed use and the traffic. Commissioner Lloyd said she had given this project as much time and consideration as any project she had ever considered, but did not believe this project was appropriate at this time. 8:40:08 PM Commissioner Gering said he believed with the limited water capacity they had now, and the stage they were in of defining what Hillsborough should look like through the Strategic Growth Plan, he believed this would be a sub-optimal allocation of how to use that capacity. He said he was setting a rather high standard for residential developments to clearly demonstrate improving the quality of life for those already living here. Commissioner Gering said although he did not believe we could get a better design, in this particular spot and with this particular size, he did not see it meeting that standard. Commissioner Gering said he had been surprised that the Orange County study on cost of services pointed out that 77 cents of each tax dollar paid for services for residential development. He said even though it appeared that this development was providing a financial benefit to Hillsborough, he did not believe it did so on the larger context. Commissioner Gering said in the future, at least for the Phase I part of the reservoir, that non- residential development be considered only unless there was a residential development proposed that would improve the quality of life in a significant way. He said he was not in favor of Ashton Hall. 10 June 12,2006 Regular Board Meeting Page II of 19 Minutes Approved: September II, 2006 8:42:30 PM Mayor Stevens summarized the comments by saying the Board approved of the design, but were concerns about the water, some concern about the contribution that would be made, and how it would impact the tax base, in that it would have a neutral to a negative impact. He said he was hearing agreement among the Board that they were disinclined to approve this project. 8:43:36 PM Mr. Hornik said the Board should take action on the water and sewer extension first, and then the annexation petition. He said he was most concerned with a new procedure, noting that before the Board took any action on zoning map amendments, the Statute required that the Board give its reasons for why the Board considered such action reasonable and in the public interest. He said that needed to be made a part of any normal statement adopted pursuant to Section 168-383 in the State Statutes. 8:45:03 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to deny the water and sewer extension by a vote of 5-0. The motion was declared passed. E. Consideration of an Ordinance annexing 118 acres on the north side of US 70A - Ashton Hall (TMBL 4.37.C.21 & 4.40.B.l) 8:45:41 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, to deny the voluntary annexation petition by a vote of 4-1, with Commissioner Lowen opposing. The motion was declared passed. F. Consideration of an ordinance zoning 118 acres on the north side of US 70A from County R-l to Entranceway Special Use - Ashton Hall (TMBL 4.37 .C.21 & 4.40.B.l) 8:46: 17 PM Mr. Hornik said before the Board took action on this, the Board had to consider a statement of consistency, a draft of which was provided with tonight's materials. He said it would have to be modified to state reasons for the Board's decision of denial. 8:46:51 PM Commissioner Gering stated one reason for denial was that the project would not be served water and sewer, and therefore was not an appropriate land use. 8:47:27 PM Commissioner Hallman added it was not accretive to the general financial health of the Town. 8:48: 14 PM Ms. Hauth asked if it would be appropriate to add that because the Board had opted not to annex it, it was therefore not in our planning jurisdiction so we could not zone it. Mr. Hornik agreed. 8:48:43 PM Commissioner Hallman said regarding health and welfare, the issue of traffic impacts on adjoining and nearby highway network. 8:49:43 PM Mr. Hornik said he had heard four reasons for denial: insufficient water and sewer capacity available to serve the property and no agreement for providing those services; the project II June 12,2006 Regular Board Meeting Page 12 of 19 Minutes Approved: September II, 2006 was not accretive to the financial well-being of the Town; the property was not within the Hillsborough corporate limits or planning jurisdiction; and. concerns had been raised regarding the traffic impacts on adjoining and nearby highway network. He said those four reasons would be the reasons for denial of the rezoning request under Section 168-383 of the State Statutes. 8:50:04 PM Commissioner Gering asked didn't the fact that we had no authority to do this trump everything else. He said Ms. Hauth's point that it was not within our authority to rezone it said everything. Ms. Hauth said it was helpful to complete the whole process and cover all issues. 8:51:20 PM Commissioner Hallman said the applicants had not followed through on the general values of the Town regarding affordable housing. Commissioner Lloyd said they had offered a payment-in-lieu of the Habitat sewer line, but it made it appear that they did not want affordable homes living there. She said that any development should welcome anyone to live there, and she was concerned that people who now live in Town would not live there. 8:52:53 PM Mr. Hornik said he would add a fifth reason that affordable housing had not been adequately addressed. 8:54:06 PM Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to approve the Statement containing five reasons for denial by a vote of 5-0. The motion was declared passed. 8:54:26 PM Mr. Hornik said the Board now needed to take action to deny the zoning request. 8:54:30 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to deny the rezoning request by a vote of 4-1, with Commissioner Lowen voting nay. The motion was declared passed. G. Consideration of a resolution approving a Special Use Permit to authorize Ashton Hall, a 118 acre development on the north side of US 70 A across from the Sportsplex to contain 272 dwellings with a recreation center and 20,000 sf of office and retail uses at the western entrance (TMBL 4.37.C.21 & 4.40.B.l) 8:54:55 PM Mr. Hornik noted that the last page in the materials for this item was the resolution for denial of the SUP. He reiterated the two general reasons for denial, noting that the project did not conform to the zoning ordinance because the Board had not amended the zoning ordinance to allow it, as a result of denial of the annexation petition. 8:57:50 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board voted to deny the Special Use Permit by a vote of 5-0. The motion was declared passed. H. Consider approval of Water/Sewer Extension Contract for Corbinton Commons 8:58:48 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board voted to approve the Water/Sewer Extension Contract by a vote of 5-0. The motion was declared passed. 12 June 12,2006 Regular Board Meeting Page 13 of 19 Minutes Approved: September II, 2006 1. Consideration of a resolution modifying a Special Use Permit for Corbinton Commons to allow the construction of Multi-unit Assisted Housing with Services in place of the assisted living center 8:59:39 PM Ms. Hauth stated a few changes had been made using cross-outs to reflect updated plans, with new language from the Settlement Agreement shown in italics. 9:00:06 PM Mr. Hornik noted the language was nearly verbatim from the Settlement Agreement. Ms. Hauth said they had left in the previous condition 13 regarding the HUD 202 enough though through the passage of time it was no longer in effect. Mr. Hornik said in the Settlement Agreement they had not indicated that condition's removal, so for clarity it was left in. 9:00:57 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board voted to approve the resolution by a vote of 5-0. The motion was declared passed. J. Review of Mission Statement for the US 70 Corridor Work Group and appointment of volunteers from the corridor 9:01 :31 PM Ms. Hauth said there was a list provided in the materials of the people who had volunteered at the May 23 meeting, noting there were three residents and three business owners. She said she had drafted a scope of work for consideration. Ms. Hauth said the EDC had promised that the first meeting of this Work Group would be in June, so we would like to handle this expeditiously She noted that Toby Vandermark from the Planning Board had agreed to serve. 9:02:47 PM Commissioner Lowen said he knew for identification purposes this was the US 70 corridor, but it was in our city limits and its name was Cornelius Street. He said it was appropriate that it be referred to by that name. 9:03:34 PM Commissioner Gering said the corridor would extend beyond Cornelius Street. Commissioner Lowen asked if we would have any control over that. Ms. Hauth said if it went eastward to Saint Mary's Road it would still be in our jurisdiction. She said it was possible by having the two different names it would help people to distinguish between the western and the eastern and phase I and phase 11. 9:04:01 PM Mayor Stevens said language was very powerful, and how we name things talked about how we thought about things. He said he liked the suggestion. 9:04: 16 PM Commissioner Hallman said that people outside the area know it as US 70, so for marketing purposes it was US 70. 9:04:31 PM Commissioner Lowen suggested calling it the US 70 Cornelius Corridor. 9:04:48 PM Commissioner Gering said he was excited about this, noting it would add value to Hillsborough. He said in many ways this was an extension of all that work, and he would like to participate. 13 June 12,2006 Regular Board Meeting Page 14 of 19 Minutes Approved: September II, 2006 9:05:05 PM Commissioner Hallman said that whoever the Board appointed to this Work Group would become the de facto chair, and that person would have to lead this group. He said he would be involved as the EDC representative, but wanted to make it clear that we did not want this to become just another task force. Commissioner Hallman said he would support appointment of Commissioner Gering given his work on the Churton Street task force. 9:06: 19 PM Commissioner Hallman said if there were no objections, he suggested that Commissioner Lowen and Commissioner Gering serve as co-chairs. Commissioner Lowen said he believed that would work fine, and supported that recommendation. 9:07:03 PM Ms. Hauth said the Board would need to adopt a mission and a slate of members, and then note who the Town representations were. 9:07:41 PM Mayor Stevens said then the comprehensive motion would be to adopt this in principle, appointing the volunteers, and appointment Commissioner Lowen and Commissioner Gering as co-chairs of the work group. 9:07:56 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board voted to approve the scope of work, appoint the volunteers as listed in the materials, and designate Commissioner Lowen and Commissioner Gering as co-chairs of the work group by a vote of 5-0. The motion was declared passed. K. Receive request from the Parks and Recreation Board to fully integrate archeology into the development review process 9:08:26 PM Ms. Hauth said in the January workshop Tom Magnuson has raised the issue of protecting archeological resources through more documentation during development review and during public maintenance projects. She said the Parks and Recreation Board had discussed this at its last meeting and endorsed the concept of amending the ordinance to comprehensively include the protection of our archeological resources as we reviewed developments. 9:09:49 PM Mr. Hornik explained that there was no authority in the Town Code or Zoning Ordinance that would speak to this. He said that the General Statutes say that the Town Board had the authority to adopt regulations about how land and buildings in the Town might be used, but no specific language authorizing zoning regulations that say you could consider archeology as well. Mr. Hornik said there was broader language that said you could consider how land may be appropriately be used as well as land, with the general power to oversee the health, safety, and welfare of the community and assure proper development of the land. Mr. Hornik said that language would allow the Board to do this, but it would require some text amendments to the zoning ordinance to redefine our purposes and under what circumstances we may require an archeological study. He suggested there might be an overlay district the Board would want to create in certain areas, or even have the regulations apply to certain types of development. Mr. Hornik said it could be as broad as the Board wanted. 14 June 12, 2006 Regular Board Meeting Page 15 of 19 Minutes Approved: September II, 2006 Mr. Hornik said there were various ways to approach this, and wanted some guidance from the Board so that they would develop some language that was workable. 9: 12:03 PM Mayor Stevens said in principle he was supportive of this, noting it was important to preserve landscape just as we do our buildings. He said the County was looking at this as well, so we might want to coordinate with them to make it reasonable. Mayor Stevens said at the same time, we did not want to make it so burdensome that it costs too much time or money. Mayor Stevens said there was really no place that was not potentially an archeological site, so it made sense to have some kind of preliminary review or some inclusion in a site plan that there be at least some study that addressed this, and that there was a trigger for when you had to go deeper. 9: 13:25 PM Commissioner Dancy not to hinder this, but said the people who looked at this and decided that something was of historical significance or value to the town, then what would happen to that person's property? 9: 13:54 PM Commissioner Gering sand he was supportive of this, but he would like to see analyzed before we make any decisions was to what extent it made sense to identify areas or boundaries where we want to focus our attention, because he was concerned that this could become burdensome. He said there were many places where there was no justification for this. Commissioner Gering said at the same time if we could identify potentially sensitive areas, then we could begin with the presumption that the developer needed to make this extra step. 9: 14:43 PM Mr. Hornik stated that was precisely why he had thought of the overlay district concept being applied here. He said in this part of the County you continually discovered something of historical significance, and whether we wanted to do it for every application or only for the areas where we were most concerned about preserving what was there was, was the reason he had brought up the idea of overlay districts. 9: 16:01 PM Commissioner Lowen agreed, noting he would like to see some text amendment language that the Board could look at closely. He said as far as housing affordability, he would not like to see this become a burden on that, from a financial or time standpoint. He said if someone wanted to build a home on a small lot, he would not want to require that an archeological study be done on that property. 9: I 7:09 PM Commissioner Gering said he would like to have the staff bring back, along with a set of options, was an estimate of how much it would cost someone to perform an archeological study, whether it was the Town or a landowner. Ms. Hauth said they would work on providing several different options of ways to pursue these issues, and then bring them back to the Board for discussion. She asked for guidance as to when to bring this back to the Board. 9: 18:23 PM Commissioner Lowen suggested placing this along with the other amendments being considered. Ms. Hauth said they could work on some options first so that they would know where to focus the rewrite of the ordinance. Mayor Stevens suggested that Mr. Magnuson would provide some expertise with that. He said we 15 June 12, 2006 Regular Board Meeting Page 16 of 19 Minutes Approved: September II, 2006 may have to think about staging, because there was an ideal of what the Board would really like to have, but if there was one thing we could do immediately then we could be the rest in stages. L. Request from staff to authorize seeking an injunction regarding continuing sign violations at Larry King Chevrolet 9:20: 19 PM Ms. Hauth noted they had been having issues regarding the use of temporary signs since October of 2005, and unfortunately the business owner had been non-responsive. Mr. Hornik said they wanted the Board's authorization to take the next more step in seeking an injunction. He said basically what was happening was the business owner would get cited, and since the zoning ordinance gave a person ten days to correct the violation, the owner would come into compliance on the ninth day, then after a brief wait would replace the signs. Mr. Hornik said what they were seeking was some injunctive relief from the court to put a stop to this. 9:22:06 PM Mayor Stevens asked was there any downside to this. Mr. Hornik said the worst that would happen was that the court said no to the injunctive relief. 9:22: 19 PM Commissioner Gering said he was in favor of this, noting he recalled a previous discussion involving revision the sign ordinance that would make penalties more immediate and perhaps harsher, and asked what the timeframe was for that to come before the Board. Ms. Hauth responded it might be ready for the July hearing, if language could be crafted by that time. 9:22:56 PM Commissioner Hallman said it appeared that we turned a blind eye to these violations over the weekend. He said that was when we had the most visitors and it had the most negative impact. Ms. Hauth said it was mainly real estate signs, noting that most of the subdivision realtors had waited to put their small direction signs up at the start of the weekend. She said they had tried to provide such allowances to this particular business, but as the Board could see from the pictures in the materials, the violations continued through the week. 9:24: 15 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board voted to approve a request from staff to authorize seeking an injunction regarding continuing sign violations at Larry King Chevrolet by a vote of 5-0. The motion was declared passed. M. Hot Topic items for June: Presentation of Churton Street Corridor Plan 9:24:35 PM Ms. Hauth said she would like to have twenty minutes at the June workshop to provide a PowerPoint presentation on the Church Street Corridor Plan, and would provide copies of the draft plan for review. 9:26:04 PM Commissioner Gering asked the Board to come early, by 6:00 p.m., to allow time to look at all of the displays prior to the beginning of the meeting. 9:26:56 PM Ms. Hauth said it was an unusually process to open public comment on a draft plan, 16 June 12,2006 Regular Board Meeting Page 17 of 19 Minutes Approved: September II, 2006 noting they had a page set up on the website so that people should email their comments directly to the Planning staff. 9:27:39 PM Commissioner Hallman asked would it be possible to include some of the Strategic Growth Plan maps at that time. Ms. Hauth responded she could try, but she feared it may be confusing for the public. 9:27:59 PM Commissioner Lloyd asked if they needed to be at the workshop at 6:00 p.m. to see the presentation. Ms. Hauth responded no, that it would be shown at 7:30 at the start of the workshop. But, she noted, there would be displays set up that the Board might want to see. She said much of it would be in the documents sent to the Board. 9:28:38 PM Mr. Peterson asked if for those Board members arriving early, would they like to have a light dinner provided. He said they could provide something in the Town Hall. The Board was in general agreement with that idea. N. Discuss Requesting Applicant for Old NC 86 Commons to pay for a consultant's Review of the Master Plan 9:29:41 PM Ms. Hauth stated that Commissioner Gering has asked that this be placed on the agenda to see whether or not there were some items that needed to be reviewed by an outside resource, and believed from the list of items that the Planning Board had discussed that a fair number of those items could be reviewed by an outside consultant. Ms. Hauth said the Planning Board had compiled a list of items for which they wanted additional evidence in the record, noting some were easy and could be provided by staff, but some were best done by an outside resource who could provide an independent, professional and neutral opinion. 9:31: 16 PM Mr. Hornik stated that our code did not specifically provide for an applicant paying for this, but there were other codes that did. He said one of the reasons he believed it was appropriate and proper for us to assess the cost of this back to the applicant was that this was one of those applicants that required annexation, rezoning, and special use with a master plan. He said it would be in the applicant's best interest to help the Town address these issues if the applicant expected the Board to perhaps take positive action on the application. Mr. Hornik said there ought to be motivation for the applicant to try to satisfy the Board if the applicant wanted positive action on the application. Mr. Hornik said he believed this was a reasonable request. 9:32:43 PM Ms. Hauth said she had two questions, the first being was there anything on this list that needed to be added or embellished to more fully meet questions the Board might had. The second, she said, was asking for clarification on the process of selecting and retaining a consultant. Ms. Hauth said this would be on the July agenda, but depending on the Board's involvement that might be too tight a timeframe. For instance, she said, the Board might want to be involved in selection of the consultant to perform the review. 9:33:26 PM Mayor Stevens said it was reasonable to have this request, but if that delayed the public hearing then they would delay it. 17 June 12,2006 Regular Board Meeting Page 18 of 19 Minutes Approved: September II, 2006 9:33:54 PM Ms. Hauth asked if the Board wanted to be involved in selecting the consultant. There was general agreement from the Board that they did not want to participate in that selection. Ms. Hauth noted she would be involved in that selection, and would make sure the applicant was aware of what was happening. 9:35:28 PM Commissioner Hallman asked if we could do the same thing with the transportation study, noting that when that study was done could we provide a list of questions or issues. Ms. Hauth said we had submitted one with the application, but another one could be prepared as well. Commissioner Hallman noted that in future he wanted the Board to drive that process. Ms. Hauth said she would circulate the NCDOT letter to the Board, and if there was something that was unsatisfactory they could address it then. 9:36:25 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to go into Closed Session by a vote of 5-0. The motion was declared passed. 13. CLOSED SESSION A. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3) to meet with Town Attorney regarding potential Litigation with Construction Supervision Services, Inc. Mr. Peterson presented an overview. He noted that Mr. Keel had informed him that the manufacturer would take care of all damages. B. Closed Session to Discuss a Personnel Matter Mr. Peterson presented an overview of the investigation of the Public Works Department that had resulted in a recommendation to terminate Bill Leake, Assistant Public Works Supervisor. He stated Mr. Leake had until 5:00 p.m. tomorrow to appeal that recommendation. The Police investigation turned up multiple occasions where inmates were stealing from the Town. Employees had reported this to Mr. Leake, who in turn had never reported it to anyone. An employee had money stolen and reported it to Mr. Leake, who did not report it or take any action regarding it. Both Donna and the Nurse informed Bill that employees and inmates were not using safety glasses. Mr. Leake did nothing. He allowed employees to take signs, salt, gravel, etc. During the ice storm in 2003 Mr. Potts received a report from a contractor stating that an employee was trying to extort money from them. An investigation revealed it was it was Mr. Leake. He has given away mulch to employees and allowed employees to have keys to a backhoe. He has been verbally abusing employees and inmates. The prison has revoked his supervision privileges for his verbal abuse of inmates. Mr. Peterson reported that Mr. Potts had a strong case for termination. Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board voted to move into open session by a vote of 5-0. The motion was declared passed. 14. ADJOURN Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board voted to 18 adjourn the meeting at 10:00 PM. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, CMC Town Clerk 19 June 12,2006 Regular Board Meeting Page 19 of 19 Minutes Approved: September II, 2006 June 12, 2006 Regular Board Meeting Page 20 of 40 Minutes Approved: September 11,2006 PROCLAMATION '#PROC2006.06.12-II.B TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS A PROCLAMATION ADOPTION OF THE NATIONAL lNClDJ!:NT MANAGEMENT SYSTEM (NlMS) WHEREAS, the President, in Homeland Security Presidential Directive (HSPD) 5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS) which would provide a consistent nationwide approach for Federal, State, local, and tribal organizations to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective input and guidance from all Federal, State, local, and tribal homeland security partners has been, and will continue to be vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, J it is nt,'cessary and desirable that all Ft..-dera1, State, local and tribal emergency agencies and personnel coordinate their efforts to effectively and etliciently provide the highest levels of incident managemellt in a coordinated effort; and WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, local, and tribal organizations utilize standardized training, terminology, and personnel qualific.1tion standards during training and qualifying for emergencies and disasters; and, WHEREAS, the NlMS standardized procedures for managing personnel., communications, facilities, and resources will improve the COlmty's ability to utilize federal funding to enhance local readiness, maintain first responder safety, and streamline the iIlcident management processes; and WHEREAS, the Incident Command System c.omponents of NIMS are already an integral and established part of various incident management activities throughout the County and State, including current the North Carolina Fire and Rescue Commission tmining programs and standards; and WHEREA..'i, the National Commission on Ten'orist Attacks (9/] 1 Commission) recommended adoption of a standardized Incident Command System; and 20 June 12, 2006 Regular Board Meeting Page 21 of 40 Minutes Approved: September 11,2006 WHEREAS, the North Carolina Fire and Rescue Commission established that NIMS will be the State standard lor training and professional qualifications in incident management; and NOW THEREFORE, Ibe HiIlsborough Board of Commissioners hereby proclaims that all Town departments, committees, or persormcl that engage ill response to emergencies or disasters as agents of the Town will train, exercise, and respond utilizing the National Incident Management System. Adopted this 12TI1 day of June, 2006. -""'........ TO....'l ofHil.lsborough Board of Commissioners 21 June 12,2006 Regular Board Meeting Page 22 of 40 Minutes Approved: September 11,2006 PROCLAMATION tpROC2006.06.12-11.C STA1'~:MEN1' OF SUPPORT FOIJ:. l'HE GUARD AND :RESERVE * We recognize the National Guard and Reserve as essenUal to the strength of our nation and the well-being of our communities. In the highest American tradition. the patriotic rnen and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deselve tbe support of every segment of our society. If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of t.he Guard and Reserve in preserving our national security. Their members must have the cooperation of all American employers in encouraging employee pmticipation in Guard and Reserve. Tberefore, we join other employers in pledging that: 1. Employment will not be denied because of service in the Guard or Reserve; 2. Employee job and career opportunities will not be limIted or reduced because of service in the Guard or Reserve; 3. Employee.':> will be granted leaves of absence for military service in the Guard or Reserve, consistent with existing laws. without sacrifice of vacation; and 4. 22 >""~, '-........ ~_.,' June 12, 2006 Regular Board Meeting Page 23 of 40 Minutes Approved: September 11, 2006 ORDINANCE iORD2006.06.12-11.D AN ORDINANCE AMENDING CHAPTER 4 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH Section 1. THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Chapter 4 - Personnel, of the Hillsborough Code is hereby amended as follows: Section 4-7 Performance Appraisal Policv/Merit Principle and Equal Emplovment OppOrtunity PERFORMANCE APPRAISAL POLlCY- SECTION I, System, Occupational Groups is hereby amended as follows: Clerical Accounts Payable Clerk Billing/Collection Clerk Customer Service Representative Police Records Clerk Technical Laboratory Technician Water/Wastewater Plant Operator Water/Wastewater Plant Operator II Water/Wastewater Plant Operator III Professional (Non-Supervisory) Code Enforcement Officer Fire Marshal/Code Enforcement Officer Laboratory Director Planner Utilities Analyst Professional (Supervisory) Accounting Supervisor Administrative Assistant (Police) Billing/Collection Supervisor Management/Administrative (Non-Supervisory) Town Clerk/Personnel Offieer Management/Administrative (Supervisory) Assistant Town ManagerlPublic Works Director Chief of Pol ice Fleet Maintenance Supervisor Finance Director Planning Director Town Engineer/Utilities Director 23 \'li/wJiP' ServicelMaintenancerrrades Assistant Utility System Supervisor Electrician Equipment Operator Equipment Operator. Senior Fleet Mechanic Maintenance Helper Maintenance Worker Maintenance Worker. Senior Meter Reader Utility Inspector Utility Maintenance Technician Utility Mechanic Public Work.s/Utilities Supervisors Meter Reader Supervisor Sanitation Supervisor Street Maintenance Supervisor Utility System Supervisor Wastewater Plant Superintendent Water Plant Superintendent/Safety Officer Police Officer Police Oflicer Police Investigator Police Investigator Police Supervisor Police Corporal Police Captain Police Sergeant Police Lieutenant June 12,2006 Regular Board Meeting Page 24 of 40 Minutes Approved: September 11.2006 Section 2. All provisions of any Town Ordinance in conflict with this Ordinance are Repealed. Section 3. 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 /:1 II, day of -:!U-/f/;:: , 20~. Ayes: ~ Noes: $' Absent or Excused: ~ ,/ ~I /c. , ht>vo'd/ \/;:t;Jl~:~-?~(~ onna F. Armbrister. Town Clerk ........... 24 June 12, 2006 Reg~lar Board Meeting Page 25 of 40 Minutes Approved: September II. 2006 ORI1INANCE #ORD2006.006.12-11.E AN ORDINANCE AMENDING SECTION 3 OF THE TOWN CODE OF HIE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section. 1. Amend S(~ljon 3 of tile Town. Code by adding the f()l\owlng section to estublish park hours. 3-48 Opening !Uld Closing boors of town pru'ks; remllillillg ill (lurks 'lfl~l' ctosillg. Unless otllcrwise authoriZ<o-d by Ille TO""/J Maml[~eT, or his designee, all town parks al'<: clO".;cd from thi11y (30) minutes llaSt sUllsetulltil7:{I(! AM. l\ 8lmll be unhw.,flll wrem',lin ui",n the park <turing the time the lX\l'k is do~cd. h) Amend Section 3 of the Town COOe by addiug the following ge,ction to estabjjsh park: rules. Rules lIlld. regulntimls for' town parlc; All persons in any park sh.all. obey all j,'lm;ted re~rulal:ions, signs lmd directions. No pt:rson shall willfully mark, defae(:, disfigure, injure, tamper with OJ' without the authori7..ation ofthe town displace or 1'el1101'C any strochlTe, ~.quipn:lt.'ilt, facil.ity or allY other real nr personal property that is located within the park and belQnging to the tOWlI.. No pe.r:lOll shall park, drive OJ' ride motoriz~d vehicles in any pm'x, except in desig,lll/ted parkin!? spaces unles-a perf</nntng mairrtCllli/l'CC at the town's requesL No peTSOIl sball dump, deposit, leave or place trash, rubbish, garbage, ashes, ",,'.asles. hrolcen glas.s or oilier rubbish withillllny park, gre(:nway, entrnnc(:way, or open spac'; i:Xl'cpt in garbllge, trdsh, recydillg or other properly recqllllc.les provid(:d fi:r.r tll,: purpose. No pP.'.l'so[ll,lr~lI dispose of household garbag.~ or ruhbish witbin any park. No person sball camp or stay o....ernight in any park. No person slllill ('..arry, jlOsscs:J 01' use auy firearm or otber cfungcl'ous WCII!lO!I within IlllY park This secti<m. shall not Itpply to law enforc(:lllcnt or other govemme1.ltpe1"S()nuel acting within the scope of their employment. No person shall Uf.e, coo.'llIme or pOS8e.~s nny alcoholic beverages, beer or wine within any park, NQ person sball use, consume or posse........1llly narcotic dl'llg or hallucinogen Of' allY other controlled substance wit.llin allY parlt witt!mtt II val.id physician's prescription fm'tlle substance. No person sball engage, ejl.hcr verbally or physically, in Imy loud, disruptive or offensive conduct, or engage in any al:tivil)' O'r spon. in a mannc:r which threatens 1J1e !Iatety or wcifuI'C of other patrons of tbe parle, or which unreasonably impairslhe public's opportunity to use and cluny the pl'll'k Section 2. 3-49 a) b) c) dl e) i) g) Section 3. All provisions of !lny town ordinance in conflict with this ordinanee arc repealed. Section 4. This ordinance shall become cffCt.:tive upon adoption. 'the foregoing ordinarn:e havil1g oo(;,'I\ submitted to a VQtc, ttx.cived the fol\()wing vote and was duly adopted this 12t.~ day of June, 2006. Ayes: __ S- _ Noes: ..c':;-" . .t)--... Absenl: or Excuse(L~'=":':"...__. ~' /~,. / 'i<tr~.<<A/t/~)'li~tz:<. - --"--- .---.---- D )!1Il<! F. Armbrister, Town Clerk 25 June 12, 2006 Regular Board Meeting . Page 26 of 40 Minutes Approved: September 11,2006 - '--_.'~--__'H__~_____~'"'''_'_'''__'_'''_'''_''''''_____~''''M'''._.____....__...___._."!....__..........___......_........__._.___ '~-' RESOLUTION iRES2006.06.12-II.F Town of HlUl~S4 gh A RESOLUTION OF INTENT TO PERMANENTLY CLOSE A PORTION OF WEBB STREET IT IS HEREBY RESOLVED, by the Town of Hillsborough Board of Commissioners on this l2'h day of June that the Town of Hillsborough intends to officially elose that portion of a public right of way fornler1y known as Webb Street lying west of the sharp turn to the south which connects with Knight Street, such portion of the former Webb Street no longer being in use; and it is further RESOLVED that the Town of Hillsborough- Board of Commissioner shall conduct a public hearing to consider closure of the aforesaid portion of Webb Street described above on the 25th day of July 2006 at 7 o'clock PM in the Town Barn, at which public hearing any person may be heard on the question of whether or not the closing would be detrimental to the public interest or to the property rights of any individual; and it is further ....I4HI'. RESOLVED that a copy of this Resolution shall be published once a week for four successive weeks prior to the public hearing and a copy of this resolution shall be sent by certified mail to all owners of property adjoining that portion of Webb Street which is proposed to be closed, as shown on County Tax Records, that a Notice of Public Hearing shall be prominently posted in at least two places along Webb Street, and that a map showing the portion of the former Webb Street that is proposed to be closed is available for review in the office of the Town Clerk. ADOPTED this 12'h day of June 2006. '1 ~ /; .of . /' '. /~'/Jt4 ., '.. ith~%7~-' ponna F. Armbrister, Town Clerk .........,. iO) ";u:-:.t {jroJl,f;" .Stn'cl . r~u. /lox ,,12.9 . Uilf,o.;hurouglz. lVorfh ('(lrn!itlC1 27278 .'I1!).7.~2.)270 . [-(IX 111.'1.(,'44.2:190 26 June 12,2006 Regular Board Meeting Page 27 of 40 Minutes Approved: September II, 2006 Town of H1l1~ .............. BUDGET AMENDMENTS June, 2006 GENERAL FUND 1. Expenditure 10-4900-310 Planning-Gasoline 10-4900-080 Planning-Training BEFORE ADJ. AFTER $ $ 3,000 $ 3000 $ 300 $ (300) $ $ 300 $ 2,700 $ 3000 To establish and fund gasoline expense for the Code Enforcement Officer's vehicle. 2. Expenditure 10-5600-458 Streets-Cont.Serv./Const. & Spec. Manual $ $ 6,750 $ 6,750 10-9990-000 General Fund Contingency $ 47,607 $ 16,750) $ 40.657 $ 47 601 $ $ 47.607 To establish and fund a Construction Standards and Specifications Manual. Approved at the January 9,2006, Board Meeting. -. 3. Expenditure 10-6400-571 Cemetery-Stream Restoration $ $ 6,000 $ 6,000 , 0-640(}'150 Cemetery-Main\.& Repair 2,500 (1,000) 1,500 10-6400-570 Cemetery-Miscellaneous 2,000 (1,000) 1,000 10-9990-000 General Fund Contingency 40,857 (4,000) 36,857 S 45 357 $ $ 45 357 To fund additional stream restoration improvements. Improvements reimbursed at 66% by State Water Resource Development Grant. 4. Expenditures 1 (}'41 00-570 Governing Body-Miscellaneous $ 10-4100-100 Governing Body-Conventions/Conferences $ $ 5,000 2.500 7500 $ $ $ 800 (800) $ $ $ 5,800 1.700 7500 To fund stage rental for the June 24, 2006, community event at Fairview Park. Approved at the May 8, 2006, Board Meeting. 5. Expenditures 10-5100-336 Police Admin-Emergency Operations etr 10-9990-000 General Fund Contingency $ $ 36 857 $ 36 857 $ 10,000 $ 110.0001 $ $ 10,000 $ 26.857 $ 36 857 To establish and fund funiture, phone and T.V. for an Emergency Operations Center (EOC). ~,_....' 137 North Chllrtol! Street. PO. Box 42.9 . Hil1sbo)'ough, North C(1,.ol1f~" 27278 919-7.')2-2104' F'ux 919-7:J2.1028 27 June 12, 2006 Regular Board Meeting I Page 28 of 40 Minutes Approved: $eptember II, 2006 6. Expenditures 10-5100-741 Police Administration-Capital/Auto $ 20,000 $ 3,550 $ 23,550 .............' 10-5110-020 Police Patrol-Salaries $ 572,700 $ (3.550\ $ 569.150 $ 592 700 $ $ 592 700 To fund improvements to equip new vehicle for Police Chief. 7 Expenditures lQ..6900-900 Special Appropriations-O.C./Riverwalk $ $ 23,777 $ 23,777 1 Q..6900-920 Special Appropriations-Hillsborough Arts COt $ 24.577 $ 123.7771 $ 800 $ 24 577 $ $ 24 577 To correct a 2004-2005 encumbered designation to FY06. 8. Revenue 10-3610-300 Grant-Historic Inventory Update $ $ 5000 $ 5000 Expenditures 10-4900-455 Planning-Historic Inventory Update $ $ 5000 $ 5000 10-4900-455 Planning-Historic Inventory Update $ 5,000 $ 2,500 $ 7.500 10-9990-000 General Fund Contingency $ 26.857 $. 12.500\ $ 24.357 1.. 31 857 $ $ 31857 -' To establish and fund the Historic Inventory Update Project. WATER FUND 9. Expenditures 30-8200-731 WWColf.-Cap. Improv./Pump Station Imprvn $ 12,000 $ 30,000 $ 42,000 30-8200-740 WWColI.-Capital $ 55.500 $ 130.0001 $ 25,500 $ 67 50Q $ 5; 67 500 To correct the expenditure of two generators from capital to capital improvement. CATES CREEK SEWER PROJECT BEFORE ADJ. AFTER 10. Revenue 61-3290-000 Interest Earned $ 39 064 $ 987 $ 40051 Expenditure 61-8280-570 Miscellaneous $ 164064 5; 987 $ 165 051 To fund interest earned through 5/31/2006 .....-.. 28 , 'Io/jIlilJiP' '............- June 12, 2006 Regular Board Meeting Page 29 of 40 Minutes Approved: $eptember II, 2006 ...-.-.-.-.--.-.--------.----------.-.-........-----...---...._._------_._._-+..._-----~.-............._._--_. ~........' Water Plant UpQrade 11. Revenue 63-3290-000 Interest Earned Expenditure 63-8120-570 Miscellaneous/Contingency To fund interest through 5/31/2006 Sewer Outfall Prolects 12. Revenue 64-3290-000 Interest Earned Expenditure 64-8120-570 Miscellaneous/Contingency To fund interest through 5/31/2006 CAPITAL RESERVE 13. Revenue 70-3290-000 Interest Earned Expenditure 70-6900-730 Capital Improvements-Water 70-6900-731 Capital Improvements-Sewer To fund interest earned through 5/31/2006 APPROVED: _:;:-C nu rf//;t_.t/'t VERIFIED: /? ~ ,,1' ~ '7/ '.I' ~/ . ~-J;~JtlU' . ?~d ,t:d> (Donna F. Armibrister, Town Clerk 29 $ 17 349 $ 2 587 $ 19 936 $ 320531 1- 2 587 $ 323118 $ $ 1009 $ 1009 5- $ 1,009 $ 1009 $ 98 375 $ 15742 $ 114 117 $ 741,800 $ 8,962 $ 750,762 $ 401.826 $ 6.780 $ 408.606 $ 1 143626 $ 15742 $ 1 159 368 June 12,2006 Regular Board Meeting 1 Page 30 of 40 Minutes Approved: September 11,2006 ...._._____._._____~._~__.N'___~_M....H_'..__________...,_...'-'1--.-----..-...-----...----...--. LGC.205 (Ro:". I/lnOOS) File in TrlpllclIle. CONTRACT TO AUDIT ACCOUNTS of the Town of Hillsborough GlIVenln1.l:11l.;j~ Unit On this 22nd day of May Post Olliee Box 2646, High Point, Nor1h Carolina 27265 2006 Dixon Hughes PLLC Alldilor M:lilinQ: Address . hereinafter referred to ll.S the Auditor, and the Board of Aldermen of the Town of Hillsborough ; herein.fler rererred Governing B03rd G"vcmmCllud Unit to as the Governmcntnl Unit, agree ns follows: The A~luilDr shilll D\l(jilllll s:lltemenlS and disclosures required by gencrall}' l1cc~pld llccounting: principles and uJditionol requin:d legnl SllHCmCl1ts and disc1osur~ of all funds and/or divi:;;ions of thll Governmentul Unit lor the period beginning: July 1 . ~ and ending JuTW3 30 . ~. The, lnnnngcmcllt'li discussion l!.lid llllUlyais, non-mnjor combining, and if\dividul'Il fund srulemenls nnd scllt:dllles slloll be subj~clcd 10 the lludilill& proc\:dun.:s npplicd in tfle audil of Ihe busic financial sllltC'mentll and Iln opinion will be rCIH.1ercd in relulion :0 (us opplicable) the govemmclll:lll.Ctivilies, the busineSS-lyre lIcllvities, the agcregilte discreelly prc$cnled component units, cueh major govcrnm~nt:!.l and cnterprise fund, and the lI!;gr('&ale ~:nuininG fund infonnution (nol1mnjor gOVCl11ffiCnl und enterprise fund);, the intem:\l service fund type, and lhe fiduciary fund IYPCS). , At u minimum, rhe Auditor shall conducl his nudit nnd render his rcpon in aCI.;orduncc with gcnemlJy acccpted auditing slambrds, The Auditor shall perform the audit in nccordance with Govemm('llt Aud,ttnl! Siand::mis if required by tlle Stllte Single Audi: Implementation ACt, as coditicd in G,S, 159-34, If required by OMS Circ'Jlur A.13) and the Sute Single Audit Implementation ACI, the llLldilor shall perfonn a Sing:c Audit. J. nli~' contract ccml(!mplClf~s an unqualified opiniall being render/ul. If fillilncitll ~t.lIcml:nts tire not prepareu in accordallce with "enemlly accepted accountinG principles (OAAP), or tne statements fail tl,) include all disclosures required by GAAP, expllliuthat deparlure from GAAP in the space belov..': See attached engagement letter, 4. Thf.y C:lJnlrcu::t clJntemplal/!S all unqualified opinion b~ing r(!ndf!r"d. The <ludll shall include suclltesls of the uccounling rccords uml SiICr. other iluditing procedurc5 105 lire conSidered by the Auditor 10 be neccss.o.ry [n the circumstances. Any limitations or r(!slriCfj/)n~ in :.capl! which wallld lead fa a qllQJiJicalicm should bell/lly uplained in all allachmellt 10 Ihi.r con/raer. The audit will have 1\0 scope limitatiOIlS except 5. If this audit cngn!:ement is subject to the Sllllldardl ror audil us defincd in Gov~mment Auditinro Slnndarus, is'Sued b)' the Comp:rollcr General of the United States, then the Auditor wo.rrallL~ by D.cc~pliflg Ihili engngement that he/sh'C has mel the req~drcments for a peer review rind conlinuing educ~tiol1a~ specified in Govemmelll Amlilitll'l S'nndnrds. The Auditor llgrec~ to provtd~ u copy or :heir most recent peer re~'icw.rcporl 10 lh~ Govemmcntlll Unit and lne Sccrelnry or the Local Governmenl Commi,sion w:i.Qr 12 thc exC'cution oflhe audit conine!. (See 111;;n 20.) 6. It is Ol!;reed lho.llimc is oft!le essence in t11is controct. All o.udit~ aTC to be pcrfomlcd rl1ld the rcpOTl ofaud;1 submilfcd bY' October 31 2006 7, II is ;:\4;rccd th:ll generally lIeceptea auditing st.:!ndu:,ds includc n rev:e'... of the Govcmmental Unit's system of intemnl cor.trot.nn!l "ccountlfl~ us s..me relates 10 accoul1tllbiHty of runds and udhen:m:c 10 UlJl1gcl nnd law requirements upplicable therelo; lhat lbe Audilor .....illll1:lke II wrillcn report, which tmsy or may nOI be n pan or lhe writlcn fC?Orl of lludit, II) the Govcrning Board r;eltill~ forth hi~ lindillg~, toge'hcr wilh his recommcndations for improycl11eJ:1. 'rll:!.t writlen reporl must include all matters defin.:d ns "reportable conditions" in AU j25 of the ~Profe!tsional SlIInd.!l.!!b. Thc AlIdi:OT ~hal! rile a CODV of thot ~ Secrclfl~"" or the 1 OCll] GO\'t'rr.ment Commi~sion. .. l' I' '.. S. A!I local g:ovemment and Pli1"llc authorily contracls ror llllnual or special Judits, bookkeeping or olher assistance llccc,sary 10 prepare the Unjt'~ record! for audit, finane-illl sln~ement prepilT1'llloll. !loy finance.rehued im'csligalions, or any other audit.related work ill the State of North Cunllinu requ're lhe approval of the Secretary of lhe Local GOIft:mment Commission. ~ ;~cv::I:~C~~d~:;dL~~~rG~:~~~;~~~~~~~~Si':~t ~~~:i~l:: i~~~L~~::~~n~;~~~t:;'~:ill;~:~~ t~'~:~:l~~~~~:~s~~~~d n:~uvb~~i~~r~,~ IripliclItc 10 tho;: Secretary of the LoclIl Government Commission. The originlllnnd one copy will be retumed to thu Auditor. Approv.ul is not required 011 contrncts and invoices for s)'stem improverncllls and similllr services of II non-auditing Ilature.. 9, In considcfll:ion of the satisfu~tol'Y pe:rfom\all~;-of the prlwisi(Jfu of this ngreelllen1, the Govcmmental Unit shall pay to the Auditor, upon lIpprovnl by-the Secretary of the Loe..l Government Commission, the followinl1 fee which includes I1ny COst {he Auditor mllY incur from work paper or peer r<lvicws or any <Hiler qualily lISS,lrnnc-e progrnm required by third portics (Fedcralnnd SHlte {;mnlOr llnd oversigln ogcneics or olher oq;iJl'lizlJlions) as rcqui1'cd \lndcr Ihe Fedefnl and Stllte Single Audit Acts: Audit, $32,000 Prepnration of the finllndal statement! ~ Included in audit fee Year.cnd bOOkkeeping lIss:lslancc-IFor uudlts :subJcct to Co\'crnmen! Aod1tlng Stundllrds, this is,limited If) bookkcepillK sCI"VlcC1 permitted by rcvlscd Indepcndene'~ S!llndord6' crouingo t1isisUlI'lC\:l IlS "Hoed 10 bit billod al'~al'ldQrd tlOUrty f4:U 10. Aner complelill" his o.udit, Ihe Auditor shall !>lIbmillo thc Go\'em~nt: Board jJ written rcpor: ofnudil. 111is reporl shalt include, llt lCll.Sl, Managcmenl's Dis...u~si('ln und An.o.ly~js, the fin:lm:in! SlalClm:ms of lhe go\'emmelltal ~mil and till of its COlllpOnen! units nnd nOles therefo prep:::tn:d in D.\~COrd,:U1CC wirh generally accl:pled :lccollnling principles, combining and suppfement;:try illfonnlJtion requested by thl;' client or required for full disclosure: under the Iu.w. and the Auditor's opinion 01\ Ihe mDterial preselHed. Tne Audilor shall fumish the required numbi;r of Ilopies of Ihe repon of l.Lut.lit to the GoveTlliny Buard as SOUlI us practical after tbe close of the ncco~Jllting period. 30 June 12. 2006 Regular Board Meeting Page 31 of 40 Minutes Approved: September 11,2006 I ,r' I I / 1/ '/ ./ II. The Auditor shnll file with Ihl: Local Government Commission IW(1 copies of Ihe n:pOr1 of audit. including one copy of Ihe federal Dala Ccllection Form, if a ft.-ut:ml single audit is conducled. In additioll. if the N(H1h Corolina Office orlbc S:atc Auditor designlllcs certain progllllns 10 be aucJ:led [IS major proijl1lnls. ;: one page IUmJmllnd dO{';\!Il1cnt Ul\(J n rcprcsenlulion telter D.ddrcssc;J to the Slate Ai.ltJilor sh:JlJ be submitled to the Loctll G\lVCrllmcnt Commission. Two copies of the report oflludir should be submincd iflhe audit is p:rformed ollly IIm.ll:r lI1C provisions Qfthc Slnlc Sj~Slc Audit lmplt:mentilliorl Act or 11 financilll pudil is required 10 be pcrtonned in uccon!llm::c.: with ~llTlell! Audilill[! Slnndud:-.. Olherv,rIS":. one (,.'Op)I shall be submitted. Copies of the rer~)(t sh:d! be filed with Ihe Loc.J/ Go\'~mmenl CommIssion when {ur pl'ior 10) SlIbllliwlllllhc im'oict ror the serv;ce.s rendered. All COpiCll (J(ll'le reportllLlbmjlled~. T/Je. report of:ludil.1lS tiled wilh tl\,: Secrclllry of the Local Government Commission. bccolllcs OJ m.111cr of public record for inspection and review in Ihe offices of :he Secreta.ry by nny interested parti~. An)' r.ubscq',IC"nl reViSlOf1S to lhc~c rep\.Jrls must be senl 10 the Sccrelnry or the Local Governmcrn Commission. These audited !in:lIlci:l1 s.lalemctllS :Ire used in the preparation of Ollidal St::ltcment$ for debt on'erings. by munleipul bond raling services. nlld to fulfill secondary nltlrKel disclosure requirements of the Securities tind E.'(chnnj;c Commission. 12 Should circumst:lllces disclosed by the nuuil enil for tI more dcudled illvestil;.aliof\ by the Audi:or Ihltn necess.ary under ordil'.ary circumstances, tbe Auditor shull lnfornl the Governing Board in wriling of lhe need for such uddilionul in\'cstlJ;t1tion and the udditionlll compellS:llian required th.:rcrorl:, Upon upprovul by the Secretary of the toe:11 Government Commission. this llgreemenl may be vuricd or ctumgcd lo !nelude the incrcus.ed lime IInd/or compen5;ltion (IS mil)' bo agreed upon by the Governing BO:lrd and the Audilor. 13. If un approved contract nccds to be varied or cl1ungcd fur .1l1Y rC.1s0n, the ehalOge mll5t be rCthlecd to writinl;. signed by both parlies. pre:mdiled if necess.ury. nnd submitted 10 the Secrelary of the LocllI Go\Oemll1Cllt Commission for approva!. ~ 1\hllll be' effective IIn:e~~ anoroved bv the SecrCIIIl"\' of the I Den! (;ov~mmcl1l Commi~sion the C'iolferni.l" BO:lrd ilnd the Alldilor 14. Whenevcr 1111: Auditor uses Iln engagemenlleller wilh Ihe ehel\!. Ih':m 15 cnlly be compleled by rcfer':llcillg!.he engagemenl letter und :m:lching tl copy of the engngcmenl leuer 10 the contract 10 incorpQrntc the cni:agemc:nl lettcr into the conlnu::l. In case of conniel b~tw~ell the terms of the engagement letter nnd the terms of this COlllract, Ule terms of this t."OI~truct will COntrol. engagement lcuer lenns are deemed to be void unless lhc cOlltlkling terms oflhis eonlract are specifiea!l)' deleted in hcm21 or" this Conlrncl. Engagememlclters contnining indemnitiention clauses will not be approved by the Loc<ll Government Commission. IS. There arc no SIJecial provisions CJltepl: See attached engagement letter. 16. A sep.lntte COlllr.:ct ~ be mude for eacb di\'ision 10 be audiled or /'I::pon 10 be 5ubmilled. A 5er.UDLe contract must be c)'L't'\lted for C:lch componenl unit which is a toetl! govcmmcnl11nd for v.hkh II $cpar:llc olldit report is issued. 17. Thc eOlllrucl s!lOlItd be executed Ilnd submitted ~ 10 the Secretary of the loe:1! Governmenl Commission, 325 Nor:h Salisbury Street, RuleiCh, Norlh CarolilU! 27603.1385. 18. Upon approI/o 1, the origitHt! contrnct will be retw.tll;d to the Go"crnmcnta~ Ulli!, l.l r.;.opy will be forwarded to the Auditor, nod II CIJP)' retillned by lhe S.:cretary of the Local Go\'emmen( Commission. The nudil should nOI be .~taned before lhe con/mel is ~ 19. There tlrc no other ilgrecmenlS between the parties hereto uno no olher Ilgrccmcnts relatIve hereto thaI sh::!l! be enl'orcC<tble unless entered imo in <lcC"ord:mcc with Ihe: procedure set oul herein nnd approved b)' the Secretary af the LOClll Government Commission, 20. Jfthis audif engal;emenl ill nOlsubjcCI to GovenlmCnl ^ltditinfl SI:lmilIr<15. thcllllcm 5 shall be :is.li.,:d ns a deleteo provision in Item 21, An e."plallation must b~ given far dch:ting this provision. 21. All of the abovc paragrtlphs lire llnderstO(l~ .and shall apply Lo lhis agr<:cmclll, exclo:pl the folluwing lM'!lbered paragraphs shull be dclercd: (Seo hem 14.) '" . ... . .., , :-:~:-:-:.;.:- /:;.:::,,} ~: ~:~::: ~:~: ~:~:.~-:~': . f oC Governing board) By Dixon Hughes PLLC Dale {}(P - /3'Ow By 0"" May 22, 2006 Appro\'ctJ by lhe Secretary of Ihe Locll Governmt-nf Commi"ion 115 provitJcd in Articjc J. Ch.u.ptcr 159 of Ihe Generlll SlUtlltC" 01' Article JJ. Pan J. Ch:tptc:r II ~C of ~he Denerol St.1t1lle... Dllte (If unit tloes nol bll\'c.II" audil conuniuee-. fhis 5c-~tion ~hould be mnrr.:eJ"~/A"l This in~lrumcm hus be-cn ptelludlted in the Illlllntr requircd by TI1C LUoCDI Covernment Bw.Jw:t nlld 1=';',,01 Conn",l Ao;:l (It try The Sellout BIUlg.el nod Fiscal Control Act. ...............'....: , ........ ..,..... ~~,.,.l ::::~;;;,:;;:::: : ::( :(1))/ ... "',.......\ : </::~:(~~:I For fhe Secretary, Local Government Commission Governmental Vni! Fil1ance Olliccr (PlettSe typo or prillt O:lnlc) (Signuture) Dote (Signature) DlIlc (PrclJ.udlt Cerllncntc!!!!ill be dilled.) 31 June 12, 2006 Reg~lar Board Meeting Page 32 of 40 Minutes Approved: September 11,2006 ,~___________~,~___,__'___'_'_'_'.N,,__,_'_'_'___'__N'...._......__..._.___._____._.... Town of ~_. HV1~ ORDER OF THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH G.S. 105-321 State of North Carolina County of Orange To Jo Roberson, Tax Collector of Orange County: "il/JUoJII" You are hereby authorized, empowered, and commanded to collect the 2006 taxes set forth in the tax records filed in the office of the Orange County Tax Assessor, and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Orange. This order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. Witness my hand and official seal, this 12th day of Ie. 2006. ~J2. ~ " __.___7(.-------_._-~ - / Tom Stevens, Mayor Town of Hillsborough "",-" 137 North Churton Street. PO. Box 42.9 . HilLsl>oroLlgh. !Vorth ('ar"lino 27278 919-7.'32,2104 . Fax 91.9.7321028 32 June 12, 2006 Regular Board Meeting Page 33 of 40 Minutes Approved: September II, 2006 _____._M~__._._____.__.~ri.ri.__________ri._____._..._._______.__.______..._....__._.____._.___.__._______...______.__.__...._..._.M.__....._._._.M.M.._____.__._.." NORTH CAROLINA ORANGE COUNTY This AGREEMENT, made and entered this the _ day of , 2006, by and among Orange County (hereinafter referred to as County), Town of Carrboro, Town of Chapel Hill, and Town of Hillsborough (hereinafter individually and collectively referred to as Town or Towns), to provide for centralized and systemized collection of property taxes in Orange County which will benefit the units of government contracting both in cost and information services, the parties to this agreement, pursuant to the authority contained in Article 20, of Chapter 160A of the NOIth Carolina General Statutes contract and agree as follows: I. The County shall perform for itself and each of the Towns all of the tax collection functions prescribed in Subchapter II of Chapter 105 of the North Carolina General Statutes (hereinafter referred to as the Machinery Act). This activity shall hereinafter be referred to as the joint tax collection system. n. Effective July 1, 1978, the County tax collector began the joint venture as tax collector for the County and each Town that is a party to this agreement under the original interlocal agreement signed in 1979. Reference in this agreement of "tax collector" shall hereinafter refer to the County tax collector. The tax collector and any deputy tax collectors shall be appointed by the County Board of Commissioners. HI. Effective with the tax levy for the fiscal year beginning July 1, 2006 and each fiscal year thereafter so long as this contract is in effect, and not to exceed 99 years, The governing bodies of the County and the Towns shall adopt an order pursuant to North Carolina General Statutes ~105- 321 (b) directing the tax collector ~1iI1J"" 33 June 12,2006 Regular Board Meeting Page 34 of 40 Minutes Approved: September 11,2006 __,,__H___'~'_N________.___________~'_H__'_H'_-""_'H'._.~--- '~i'# .......-.,. to collect the taxes charged in the tax records and receipts. A copy of this order, along with the tax receipts, shall be delivered to the tax collector. Thereafter, the tax collector shall cause the preparation of the tax "Scroll" and shall deliver a copy thereof to each of the TOWNS. The Annual Settlement of the tax collector as detailed in Sections 105-352 and 105-373 of the North Carolina General Statutes shall be made to the governing body of the County. Except as expressly provided herein The Orange County Board of Commissioners shall have the s9le and absolute authority to make any and all elections, determinations and decisions for the County and the Towns that the governing bodies of the County and each Town are authorized to make pursuant to Articles 21, 26, 27 and 28 of Chapter 105 of the North Carolina General Statutes. When taxes are paid in full, tax receipts will be marked paid as a verification of the transaction. Partial payments may be made and partial payment receipts shall be issued and forwarded to the taxpayer by the tax collector. Any such partial payment shall be identified where appropriate as to a particular parcel or tract of land and credited as prescribed by law as to collection expense, interest, penalty and principal and to each governing body proportionally. Each town shall be credited by the tax collector with that portion of the payment received that bears the same relationship to the total amount received as the amount of taxes owed to the Town for the property bears to the total amount of taxes owed for the property. All tax payments received by the Towns shall be deposited in an account designated by the County. Processed information shall be forwarded to the County tax collector. Vl. All tax collections that are made pursuant to the joint tax collection system shall be deposited daily in accounts specified by the County IV. V. 34 June 12, 2006 Reg\I1ar Board Meeting I Page 35 of 40 Minutes Approved: September 11,2006 "- Finance Officer. At or before I :OOPM of the work day following the collection deposit date the County Finance Office will cause each governmental unit's share of that day's deposits to be transferred to an account as designated by the Finance Officer of each Town. The share of each unit shall be determined by a computer distribution of all payments. Daily transfer information will be provided to Can'boro, Chapel Hill, and Hillsborough by telephone call from the County Finance Office at or before 12:00 PM on the date of transfer. The County Finance Officer will provide monthly reports with d~tailed payment and distribution information to the Finance Officer of each governmental unit. Additionally, monthly reports will be provided which include a listing of any changes to the levy such as discoveries and taxes released, refunded, compromised, or in any way affected by actions of the County Board of Commissioners, Tax Collector or Assessor. ~~ The County's annual audit will include an audit of the tax collection system. Upon completion of such audit the County will provide each Town with a separate report containing the Town's tax levy and collection information to include the auditor's opinion. Any special audit requests shall be directed to the County Finance Officer and shall be paid for by the requesting unit through a supplemental billing directed by the County to the requesting unit. The County will bill each Town quarterly for its services in the operation of the joint tax collections system. This quarterly. billing for each town will be computed at a rate of 5/10 (one half) of 1 % of the total taxes collected for each respective Town. Tax collections will be based on the monthly tax levy and collection ..........,.... 35 June 12, 2006 Reg~lar Board Meeting Page 36 of 40 Minutes Approved: September II, 2006 '"GItJNI'" information provided to the Towns as mentioned above. This change in charge of collection will take place no earlier than July 1,2007. Notification of this change will be given by January 2007. The current formula in place will remain until such change is instituted. The Towns will remit payment to Orange County within 30 days of receipt of the bill from the County. To the extent that the annual financial tax audits reveal that actual year-end collections are different from calculated costs previously billed by the County, adjustments will be made either. by refund or invoice for final payment no later than 45 days following the close of the fiscal year end. Additionally the Towns agree to a surcharge to be credited toward the purchase and yearly maintenance of a comprehensive software package to support and maintain the collection of revenues due. The surcharge will be determined by staff from all jurisdictions no 1ater'than November 30th- of each year and approved by the manager of each jurisdiction for their levied surcharge. The surcharge will be a calculated based on agreed formula. ."~.....,, VB. Collection of all delinquent taxes shall be the sole responsibility of the County. The County will use the same diligence and effort to collect taxes owed to the Towns as it does to collect taxes owed to the County. The County may elect to buy property at foreclosure on the basis of sound business considerations. Nothing in this section or agreement requires the County to purchase property at foreclosure or otherwise in situations where the market value of the property does not exceed the cost of extinguishing all liens on the property at the time of sale. VIll. Additionally, the County agrees under NCGS 153A-156 to handle the collection and auditing of all short term lease or rentals,known ..........", 36 June 12.2006 Reg'ular Board Meeting Page 37 of 40 Minutes Approved: September II, 2006 as Gross Receipt Tax, within the County area. This includes all three Towns, at no cost to the Towns. IX. This agreement may be terminated at the conclusion of any fiscal year. The governmental unit wishing to terminate thc agreement may do so only after giving each other unit of government twe1vc months written notice of its dccision to do so. X. This agreement shall bccome effective when properly executed by all parties pursuant to resolutions adoptcd by the governing boards of each. This agreement may be amended pursuant to a resolution properly executed by all parties .and adopted by the governing board of each party. The parties hereto have caused this agreement to be executed in accordance with resolutions of their respective governing bodies, this the _ day of ,2006. COUNTY OF ORANGE '- BY: CHAIRMAN A TrEST: CLERK TOWN OF CARRBORO BY: MA YOR ATTEST: CLERK TOWN OF CHAPEL HILL BY: MA YOR .............. ATTEST: 37 June 12,2006 Regular Board Meeting Page 38 of 40 Minutes Approved: $eptember 11,2006 "'......... CLERK A~)~ 6. RK TOWN OF H1LLSOBORO H ~-"""'7 BY: ( /~ ( ~ MA YOR ,..-..-L-------.--------" ..----.. r-/ This contract has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. """''''',11I/ Ken Chavious, Orange County Finance Officer L. Bingham Roenigk, Town of Carrboro Finance Officer Kay Johnson, Town of Chapel Hill Finance Officer Greg Siler, Town of Hillsborough Finance Officer "'-,. 38 June 12,2006 Regular Board Meeting Page 39 of 40 Minutes Approved: September 11,2006 iY\ SUMMIT . Consulting Engineers Standard Contract For Professional Services Project Number \l"\S~02 Client Name Address Town of Hillsborough PO Box 429,101 E. Orange Street Hillsborough, NC 27278 Kenny Keel (919) 732-2107 x75 Project Title Water & Sewer Utility GIS Contact Phone Fax Description of Work a) Survey-grade mapping of existing sewer manholes within the Town's jurisdiction. b) Mapping-grade survey of existing city water infrastructure within the Town's jurisdiction. c) Inspection of accessible structures d) Provide all data in a Geographical Information System. 'leliverables: Final hardcopy maps (progress drawings provided at completion intervals), and ERSI-fom1at _,.Ieodatabase. Fee Schedule o Fixed Fee-Amount [8;J We will perform the services noted for a fee equal to payroll costs for project personnel times a factor of 2.85 to provide for overhead, other costs and profit. Expenses and/or outside services will be billed at 1.1 times our direct cost and are not included in the estimated fee shown below. o Estimated Fee $200,000 (fiscal years 2006,2007,2008 and 2009) Conditions of Payment o Retainer-Amount $ waived o Payment in full before drawing is released. o To be billed upon completion with payment due within 30 days. [8;J To be billed monthly with payment due within 30 days. This proposal is valid for 30 days from the date it is signed by Summit. .,,,,...,..' L:IContracts & I'roposals & Bids\2005 ContractslCOOOI TOH - Utility GIS.doc (I of 3) 39 June 12, 2006 Regular Board Meeting Page 40 of 40 Minutes Approved: September II, 2006 TERMS AND CONDITIONS ARTICLE): CLIENT'S RESPONSIBiLITiES Work nor shall Summit he responsible for the Contractor's failure to perfonn the Clienl's Represt'nlati\-'e: The Client shall Olppoirn .a representative Work in accord;mce with the Contract Documents. " rized to nct on the: Client's behalf with respect to the Project. Th~ Client or 2) Rtjection or Work: Summit shall have the authorily to reject any ~"'ork of lhe 'frY'1'Cflresentativc shalllT\3ke decisions in a timely manner regarding all aspects of COIlIraclors th3t is nOlI in Summit's professional judgment, in c.ccordance with the the Project, shall cumine documents submit1cd by Summit Consulling Engineers Construction Documents. Neither this authority nor .he good faith judgment to reject (hereinafter referred to as Summit) and render decisions in a timely manner to or not reject any such work shall subject Summit to any liability or cause of action on avoid unreasonable delay in the orderly and sequential progress of Summit's behalf of the contractors, subcontractors or any other suppliers or persons perfornling services and the Project schedule accepted by Client. portions of the work on the Project R) Client's Program and Budget Requirements: Client shall provide Summit J) Work Site Safety: Client agrees that Summit shaH nol supervise or direct. or have full infOJmation in a timdy manner regarding an its requirements lor the Project any responsibility for, control over or charge of, the Contractors' work or the including its objectives, schedule, crileria, constr.Jints and budget including construction means, methods, techniques, sequences or procedures, or for the work reasonable contingencies. site safety precautions or programs in connection with the Work. The!it: rights and C) Rlght of Entry: Client shall proville right of entry for Summit, its staff, responsibililics are solely those of the party or parties perfonning the actual subconsultants. and 311 necessary equipment to complete the Work. Summit will constructiun of the Project. Neither the professional activities of Summit. nor the take Ttasonable precauti"ns to minimize: damage to property. Client understands presence orSummil personnel and suhconsultants at the construction sitt. shall relieve that in the normal course of work some damage may occur, the correction of the Contr'dclors and any other entily of their obligations, duties and responsibilities which is not part of lhi$ Agreement. including. but not limited to. construction means, methods, sequence, techniques (If D) Required Information: Client will furnish Summit all information, procedures necessary for performing, superintending or coordinating all portions of requirements. data. reports, surveys and instructions required to complcte the the Work safely and in accordance with any health or .'safety requirements of any Scope of Services, lncluding identifying the type and location of underground regulatory agency. nle Client agrees lhat the Client, Summit and its subconsultants improvements and utilities, and all existing conditions. Summit shall have the shall be indemnified by the Contractors and shall be made additional insureds under right to rely upon the completeness and accuracy of such information. Client the Coqtraclors' general, umbrella and cxcess liability insurance policies. acknowledges that certain ilSSulT'lptions will be made regarding existing conditions 4) Submittals and Shop Drawings: If the Scope of Services includes the review of that cannOI be verified without destruction or damage lo existing facilities. To the Contractor submittals and shop drawings, then Summit wili rcview such submittals rullest extenl permitted by Inw. Client agrees 10 waive 011 claims against, and to and shop drawings for the Iimitcd purpose of checking for conformance with the hold harmlcs$ nnd indemnify, Summit and its subconsultants, for dDmagcs to design concept elCpressed and the information provided in the Construction underground improvcments and utilities and for uny costs as.sociated with Documents. l1ds review shall not include review of the accuracy or completeness of undisr.:ll'lsed existing conditions. details, $~ch as quantities. dimensions, weights or gauges, fabrication processes, E) Im'oiccs: Summit will render invoices every thirty days. Payment is duC' construction means or methods, coordination of the work with other trades or upon presentation of invoice and is pasl due thirty (30) days from invoice date. construction sarety prccautions. all of which are the resp1.lnsibility of the Contractors. Client agrees to pay a service charge of one and one half percent (l Y1"/o) per 111e review shall be conducted with rC3sonnble promptness while allowing sufficit:nl month. or the maximum rate allowed by law, on past due accounts. Payment of lime in Summit's judgment to permit adequate review. Review of a specific item invoices shall not be subject to any discounts, sel*Offs, ur bnckcharges by Client shall not indicate that Summit has reviewed the entire assembly of which the item is a- unless agreed to in writing by Summit. (,lient shall pay all costs, expenses, and compont:nt. Summit shall not be responsible for any deviations from the Contract ," ~"utions, including colleclion agency fees ilnd expenses, coon costs and Documents not broughl to its attention ~n writing by the Contractor. Summit shall not lablc attorneys' fees incurred by Summit. in the event collection or legal be required to review partial submissions or those for which submissions of correlated P'~'l9c'=sses arc employed 10 collect outstanding bill$. items have not been received. F) Sales Tn: Client will pay any applicable sales t3x whenever deemed to be 5) Requesl5 for Clarification or Interpretation: Summit shall provide, with duc. Payment terms are exclusive of sales tax. reasonable promptness. wr;ttcn rcs~lonses to rcquests from Contractors . for ARTICtE II: SUMMIT'S RESPONSI81LlT1ES clarification and interpretation of the requirements of the Comract Documents. If A) Standard of Care: Summit shall perform the scrvices called for by this such requests for informatiun, clarification or intcrpretation are, in Summit's Agreement with the leve:! of care and skill ordinarily cxercised by members of the professional opinion. for infornrution readily apparent from reasonablc observation of same professions currently practicing under similar conditions. No other field conditions or a review of the Contract Documents, or reasonably inferable warranty, expressed or implied, is made. Client acknowledges that increased therefrom. Summit shall be entiUed to additional compensation at its regular billing costs and changes may be required due to omission, amhiguities and rates for its time spent responding to such requests. inconsistencies in the drawings and sp(.ociticali(lns. Client agrees to set aside a 6) Record Docurnfnt.s: If required by the Scope of Services, upon completion of the contingency of at h:<lst 3% of rhe Project construction cost to pay ror these cosls Work. Summit shall compile for and deli\'er to the Client a reproducible set of Record and changes. CJic.:rlt further agrecs it w111 make no claims against Summit for any Documcnts conforming tu th~ marked.up prints, drawings and other data furnished 10 such costs and changes covered by such contingency fund. ... Summit by the Contractor. 11lis set of Record Documents will show significant B) Compliance with Lans. Codes and Standards: Consistent with the changes made during construction. Because these Record Documents are based on professional standard of eare. Summit will comply with laws, codes, and unverified information provided by other parties that Summit \\ill assume (0 be slandards applicable to the Project design as of the effective date of this reliable, Summit cannot nnd docs not warnmt their accuracy. ~greement or the issuance of the construction plans and specifications, whichever E) Insurance: Summit shall maintain worker's compt."I\sation insurance required by IS lal(.'1'. law. Summit represents and warrants that it maintains general liability and property C) Certifiutions: Summit shall sign, ifrcquested by Client. a statement that to danuge insur3nce. Certificates for such policics shall be provided to Client upon the besl or its knowledge, information and belief, based in whole or in part on ~it.t~ request. Client 5haU maintain at its 0\\-11 cost and expense. its own general infonnation provided by others, the accuracy of which has not been verified, that flablllly and property dam::!ge insurance, Client and Summit waive all rights against the Project has been completed in gcncntl confomulnce with the plans and each other and Summit's subconsultants, agents and employees for damages caused specifications. Summit shall not be required to sign any documents. no matter by by any pc.-ril to the extent covered by the property insurance maintained by Client. whom requested, in whieh Summit is required to certify, guarantee or warrant the CXCl.-pt to the extent such proceeds are held by Client as tTustee. This waiver of existcnce of conditions the existence of which Summit has Ilot or cannot ascertain. subrogation s~al1 be effe-ctive as to a person or entity even though that person or entity D) Construction Phase Services: If construction phase services arc required in would olheTW1se have a duty of indemnification. contractual or otherwise, did not pay the Scope of Services, the following terms shall apply: the insurance premium diret:tly or indirectly. and whether or not the person or emity I) Site" Obscn'ation: Jf site observation visits arc to be provided by Summit. had an insur.tblc interest in the property damaged. Summit shal~ visit the site at intervals appropriate to the slagc of the construction, Article Ill: Gt'lIeral Le1!al Prol'lslon.s or as otherWise expressly agreed to in the Scope of Services, in order to observc A) Ownership of Documents: Drawings, specifications. and all other documents the progress und quality of the work completed by the contractor. Such prepared by Summit or its subconsultants, including those in electronic fonn r' valion is not meant to be an exhaustive check or a detailed inspection of the (collectively "Design Documents") arc instruments of service:. Summil shall retain all ;tor's work but rather to allow Summit 10 become gt.ilcrally familiar with common law, statutory ;md olher reserved rights. inc,luding copyright thereto. The i'hV1)rogress; of the Work nnd tu dctem1ine in general if the work is being Design Documents. including lhosc in electronic foml an: furnished for use solely perfomlcd 10 a manner mdlcOlting that. when fully completed. the work will be 111 u,'ith respcct 10 this Agreement. Chent is permitted to retain copies of the Design accordance wIlh the COnlrOlct Documcnts Summit shall not be rcqtllred to make Documents, including those in cleclronic form, r~.1r infornl"Jtion and reference in continuous or e~hallsll\lt: insp~'Ctjons to check the quantity and quality of (he conll~ction with the Project. CIit:l1t shall not use the Design Documcnts, including L:\Contracts & Proposals & 8ids\2005 COlltractslCOOOl TOH - Utility GIS.doc (2 of 3) 40 June 12,2006 Regular Board Meeting Page 41 of 60 Minutes Approved: September 11,2006 ---------....-.....------.-----------".-..-.-.......--.. Town of ""-"Hills 51",,", 1754 gh C)H/IM lI..vm\lII"~.....rCA}I'JI' MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Stevens & Board of Commissioners Eric Peterson, Town Manager .t(iL-- May 28, 2006 ~ Supplemental lnfonnation on the FY07 General Fund Budget for the June 5th Budget Workshop In response to directives provided by the Town Board during the first two budget workshops, the Town Manager prepared three (3) worksheets to assist the Board in their analysis and pending deliberations for the upcoming June 51h Budget Workshop (that will follow the Joint Public Hearing with the Planning Board): . Adjustments to ProPoull FY07 General Fund EX/Jefl{iitures: This table shows the cuts, deferments, and additions (of substance) that have been made to the original Budget Workbook. Please review the table to make sure the list accurately reflects changes the Board wants made to the original workbook. . Tax Rate Scenarios & Impacts B~' Fiscal Year - The Board requested that a wide range of tax rate ,,"-' options be developed to aid in assessing the implications on the Town's financial condition over the next three years. This table presents six (6) different tax rate options over FYs07-09 and shows their affect on projected annual surplus or deficits, the available fund balance at the end of each fiscal year, and the fund balance percent of annual operating expenditures. The fund balance percentage is an important statistic since it is widely viewed as the most salient indicator of a local govemment's fiscal health. This worksheet also includes a small table at the bottom that shows the tax rate assumptions by fiscal year for each of the scenarios. . FY2007 Tax Rate Scenarios - This table shows the impact of the various scenarios. with their proposed FY07 tax rate on the projected deficit. In addition, the impact of each scenario on the projected fund balance levels for FYs07-09 is included. Town Manae:er's Comments Scenarios #3 and #4 are the most viable and practical given the picture the Financial Plan is currently painting. Traditionallv, due to slightly conservative budgeting and ~ood expenditure control by departments during the year. the Town's financial picture tends to be better than what is proiected in the model. Hence. adopting the lIlore drastic Scenarios #5 or #6 is not likely necessary at this time. Scenarios #3 and #4 provide ample funding to safely get through FY07 and still provide the Board plenty of time to take corrective action in the form of adjustments via additional expenditure cuts, deferments, and/or tax rate increases to address the Town's future operational and financial needs. It is the Town Manager's opinion that Scenarios # I and #2 are insufficient to meet the current/projected levels of service, thus it would be risky and ill-advised to consider these two scenarios. Please don't hesitate to contact me if you have any questions or would like additional information. Thanks! "".......... /0/ East Orange Street. Po. Box 429 . Hil/sborollgl1. North Carolina 27278 919-732-1270 . Fax 919-644-2390 41 June 12,2006 Regular Board Meeting . Page 42 of 60 Minutes Approved: September 11,2006 _____~..._M.__._________..._..___......____________..._.._ ADJUSTMENTS TO PROPOSED FY07 GENERAL FUND EXPENDITURES Department Planning Planning Planning Police Police Motor Pool Motor Pool Cemetery Street Street Street Special Approp. Special Approp. Contingency Department Police '.I"4IJiJlIJI,i Police Special Approp. Budget Item Senior Planner Upper Neuse Analysis Archealogy Grant Match 800 MHz Radios COP Car Design Debt Payment (FY08) Grant Match Supplies Sidewalk Repair Repaving Town Clock Agency Contributions Contingency Budget Item Traffic Grdnt Match K-9/Drug Dog Churton Street Signage Cut/Deferred 18,742 25,000 12,800 55,000 7,000 50,000 o 5.960 1,000 5,000 30,000 10,000 3,000 25.000 Notes Delay hiring until November 1st Defer until FY08 Grant for Riverwalk denied, deferred to FY08 Split $110,000 cost over two years (FY07 & FY08) Cut 1 vehicle, Fund $17K for COP Capt's vehicle Reduced project scale to save on design costs Reduced to only halfa payment -saves $73K in FY08 Cost of markers was half of what was expected Still provides $40,000 for downtown repairs Still provide $120,000 for street resurfacing Dial Illumination & Sound deferred to FY09 Maintain Non-profit funding at prior year's level Also reduced FY08 & FY09 Contingencies by $50K 248,502 FY07 Cuts made from original budget workbook Additions 17,500 12,000 15.000 Noles Provides for 2 officers and a patrol car, if the grant is not received the Board could choose to add one (I) patrol officer by using the grant match and anticipated savings from position vacancies Includes dog. training, and salary increase for handler Also added $15[( to FY08 as part o[Corridor Plan 44,500 FY07 Additions made to original budget workbook Note: Some minor cuts,deferments, and additions were also made since the workbook was distributed, but this list represents substantive adjustments made by the Board and/or Town Manager "'-.' 42 June 12, 2006 Regular Board Meeting , Page 43 of 60 Minutes Approved: September II, 2006 -----......----..-..- ..._..._.._..._--------_...~........ FY2007 TAX RATE SCENARIOS '.....-. Tax Rate Tax Rate Tax Surplus! Fund Blllance Percentages ~ Increase Rate (Deficit) FY07 H08 FY09 Comments #! 0.0 56.6 ( 666,256) 29% 8% .12% No rate increase #2 3.0 59.6 (492,558) 31%1 16% 1% 1i3 5.4 62.0 (353,599) 34% 23% 16% Cum:nt Town Manag~r Recommt.:ndation #4 6.4 63.0 (295,700) 35% 26% 21~~ 1i5 9.0 65.6 (145,162) 37% 30% 26% #6 11.5 68.1 (414) 40% 36% 34% Requires no I.lS~ l1fFund Balance (Savings) 70% ....------....---...---1 Impact of Tax Rate Scenarios 011 FYO? -.09 FUlld Balance Levels I ===3....................... I '.' . I - ._. .' I 'r 0% '. 1-," 60% :.1, 50% "'i,. 'lilli' 40% '-'/' ., f 30fVo ,;'.:t '." ,f' .:,s~#~, .;.... I 20% 10% ",;"", fY06' -10% ~1__scenariO # I _ Scenario #4 ~~rget Fund Balance Level i : I II .20% ____ Scenario #2 Scenario #3 .)( Scenario #5 """-'Sccllario #6 ~ Minimum Fund Balance by Policy I.;........., 43 ____.___..~._____.......__.._._.~..__......H....___.........._ June 12,2006 Regular Board Meeting Page 44 of 60 Minutes Approved: September 11,2006 TAX RATE SCENARIOS & IMPACTS BY FISCAL YEAR "-,, Tax Rate Scenario "I.I~' Tax Rate Scenario Factor #1 ,TaxRat~(cents) . Tax Rilte Increase ,over prior FY 'SUiplusl(Peficit) , . A. vai1ableFiiD(~ Balance FmidJ3a1twce Peti;ent PY07 Blldl!.et 56.6 0.0 .( 666,25li) 1,724,872 29% 59.6 3.0 492,558 1,898,570 31% 62 '5'.4 (353,599) 2.037,529 340;0 63 6.4 (295,700) 2,095,428 35% 65:6 " 9.0 (145, I ~2) 2,245,966 " 37%' 68.1 11.5 (414) 2,390,714 40% FY07 Budl!.et 0.0 3.0 5.4 6.4 9.0 11.5 PYOS Proiected 56.6 0.0. (1,173,043) 551,830 - 8% ' 62.6 3.0 8\ 1,751 1,086,819 16% " 67 ,.~ S'~O (546,804) 1,490,725 23% 69.4 6.4 (402,287) 1,693,141 26% 7L6 6.0 (269,814) I ,976~ 1'53 .30% 76.1 8.0 1,155 2,391,870 36% FY08 Proiecled 0.0 3.0 5.0 6.4 6.0 8.0 FY09 Projected 56.6 O.Q .(I,412,965l (861;135) -12% 65.6 3.0 1,037,222 49,597 1% . ',' .. 1"- 14 7.0 (323,3i'(>> 1;167,415 16% 75.8 6.4 (210,587) 1,482,554 21% 77.6 " 6:0. (97,864) '.. 1,878,2~9 '26% 79.2 3.1 2,335 2,394,204 34% FY09 Projected 0.0 3.0 7.0 6.4 6.0 3.1 "'~" #2 Tax Rate (cents) Tax Rate Increase ovcr Prior FY Surplus/(Deficit) Available Pund Balance Fund Balance Percent #3 , '. TaX Rate (cents) . . . ',; Tax Rat~!lncrease'over Prior FY , . Surplus!(Dericit). Available Fund Balance Fund Balance Percent #4 Tax Rate (cents) Tax Rate Increase over Prior FY Surplus/(Deficit) Available Fund Balance Fund Balance Percent #5 TaX Rate (~el1tS) . Tal\RJiteIncreaile over Prior FY . " Surplus/(Deficit) , ;twaiiable Fund B'alance Fund Balahce Perce~t #6 Tax Rate (cents) Tax Rate Increasc over Prior FY Surplus/(Deficit) Available Fund Balance Fund Balance Percent Factor #1 #2 #3 #4 #5 #6 Tax Rate Increase Over Prior FY Tax Rate Increase Over Prior FY Tax Rate Increase Over Prior FY Tax Rate Increase Over Prior FY Tax Rate Increase Over Prior FY Tax Rate Increase Over Prior FY 44 I I i I I \ I I I I I I I I o ::c I::l ..... :z: :II' :z: (') t'l .... o ::c o N o o C1\ . o C1\ I-' N I I-' N . :II' s: 5" ~ c: c: - :> " " '" )> N '0 . '0 '" .., 0 o 0 iii 00. Q. ::c .. " .W-- rss- "2 t:; ~"C1:l:I ::I '" 0 0' 0<> '" ~ (tl a. =~s: ~og o~=. 000:> 00 00<> (5: L{ CtA! illfrt~ ft.) # ( ~ i t ()pfU# JI;.3 : iuj,t1- tJrtll1AI(~ hr 021 f,.x ~ Ie SECTION 3. The following amounts are hereby appropriated in the Water and Sewer Fund for the operation of the water and sewer utilities for the fiscal year begirming July 1, 2006, and ending June 30, 2007 in accordance with the Chart of Accounts heretofore approved for the Town of Hillsborollgh 138,000 359,600 900,000 310,000 353,599 195.000 $ 6,035,956 Prior year's Property Taxes Other Local Option Sales Tax State Collected Revenues Fund Balance Appropriation Food & Beverage Tax BUDGET ORDINANCE FISCAL YEAR 2006 - 2007 BUDGET ORDINANCE TOWN OF HlLLSBOROUGH of Town of the Commissioners The following amounts are hereby appropriated in the General Fund for the operation of the Town Government and its activities for the fiscal year beginning July 1, 2006 and ending June 30,2007 in accordance with the Chart of Accounts heretofore established for the Town of Hillsborough 7.800 1,207.700 849,200 1,066,300 1,023.900 1,408,600 696.300 789,800 100,000 $ 7.459,600 wi be the fi scal June 30, the following revenues and Sewer Fund fo 2006 and ending that Water July It is estimated available in the SECTION 4. $ 87,900 313,278 223,400 314,998 80,000 46.300 2,481,570 144,700 612.210 141,000 679,500 464.100 195,000 51,600 72,400 53,000 75.000 6,035,956 $ 3,134,058 2,058,383 150,000 200,000 300,000 year beginning 2007: Water Charges Sewer Charges PenaltyfDelinquent Fecs Appropriation from Water Capital Appropriation from Sewer Capital Reserve Reserve 3,589,787 $ beginning July Currcnt Year Property Tax ordained by the Board of North Carolina: Be tt Hillsborough, SECT/ON 1. $ Engineenng Billing & Collection Meter Reading Watcr Plant Water Distribution Wastewater Collection Wastewater Treatment Plan Reservoir Inter-fund Service Charges Contingcncy Govcrning Body Administration Finance Planning Parks & Recreation Ruffin-Roulhac Police Fire Inspections Firc Protection Motor Pool Streets/Powell Bill Sanitation Tourism Cemetery Special Approp.fMisc. Safety Contingency $ It is estimated that the will be available in the General fiscal year 2006 and ending June 30, 2007: ~ Vl following revenues Fund for the SECTION 2. i I I I I I I i i I 1 I I I , ; ! I I I I I I I s: -. '-- :> c: ~ :> " " '" )> ;::; '1:l . '1:l tv a 8 < 0> 8.. :;0 .. " Ul ,UQ, " :. "Sa ~ 3;3'g' 0' UQ 0> ~ Ct a.. =~s: . 0" tv....." o =. 00>:> 0> OUQ i { $ I per page $ 20 annually .$ 28 each . . . . .$ 23 each . . . . . .$ .10 per page $ 25 each occurrence . . . . . . .$ 2 per report . ... ..$ 10 pcr vehicle .$ 100 per day/weekend . . . . ...$ 500 In-Town .$ 1,000 Out-of-Town 5% of Gross Receipts .See Attached List Town Clerk Certified Copies. . . Town Board Meeting Notification Listing. Town Code: Bound Copy. . . Unbound Copy. Supplements. . Returned CheckfBank Draft Fee. Police Reports. . . . . . . . . . . Motor Vehicle License Fee. Trash Truck Rental fee Cemetery Lot Sales 10,000 46500 75,000 22,500 1,125,000 236,000 102.159 $7,459.600 BUDGET ORDINANCE Water/Sewer Lateral Fees Water Meter Fees Interest Earned Other Revenues Proceeds from Leases Transfer from Water Plant Upgrade projec Fund Balance Appropriated franchise Fees (Cable Zoning Permits, Etc s schedule as foHows purpose of raising the rcvenue listed as water charges and sewer charges in the Water and Sewer Fund, Scction 6 of this Ordinancc hereby maintained a rate There for the SECTlON 7. There is hereby levied a tax of sixty-two cents ($0.62) pcr one hundred dollars ($100) valuation of property as listed for taxes as of January 1, 2006, for the purpose of raising the revenue listed as "Property Taxes" in the General Fund in Section 2 of the ordinance. Min.) Min.) Min.) Min.) . 56.65/1 ,000 Gal. (3,000 Gal .56.84/1 ,000 Gal. (3,000 Gal S 12.97/1 ,000 Gal.(3,000 Gal .513.34/1,000 Gal.(3,000 Gal In-Town Wate In-Town Sewer. Out-of-Town Water. Out-of-Towl1 Sewe This tax rate is based on an estimated total valuation of property for the purposes of taxation of $578,993,000 and an estimatcd rate of collection of 97.00%. Miscellaneous Rate of raising Section 4 a the purpose and Sewer fund, There is hereby maintained Schedule as follows revenue listed in the of this Ordinance: for Water SECTION 8. maintained a Miscellaneous Rate , for the purpose of raising Jeneral fund, Section 2 of this hereby as follow~ in the Thcre is Schedule revenue listcd ordinance SECTION 6. $75 $50 S 25 (In-Town Wilier & Sewer) Owner $ 75 (In-Town Water & Sewer) Renter $: 50 (Out-{)f-Town Water & Sewer) Owner $150 (Out-of-Town Water & Sewer) Renter $ 50 (Out-of-Town Waler) Owner $100 (Oul-Of-Towo Waler) Renier $800 Fire Hydrant Meter Service Dcposi Delinquent Fee. Replacement SECTION 5. official unlcss made copies No notary service Town Business Mele .$ .10 per page . .$ I per page . .$ 2 per sheet . .$ 2 per map . . $ 2 per map $ 5 per permit or Copies made on copier Computer printouts _ Computer plots. Town Map. . . . Zoning Map. . Burning Permit. .t>- 0\ ~ _. '- ::l c: ~ ::l '" '" '" )> N '"0 ~...,) -g 0 o 0 <: 0- 8. :N .. '" en (JQ '" =- "S :; !!-oc:l ::l t> 0 0" (JQ t> ~ (1l a. =::;~ ~~!! 00\5" 0\ O(fQ , i [ ( BUDGET ORDINANCE 1.650.00 4.125.00 8,250.00 13,200.00 28,050.00 46.200.00 92,400.00 212,850.00 s 518" Meter I" Metcr. I 112" Meter 2" Meter 3" Meter 4" Mcter 6" Meter 8" Metcr follows: $10 5 $150 Original $ 15 Copy Test Water Flow 251h of Month) 5% (Afle .1 Late Peoalty that an existing meter be replaced be given for the existing meter at the of capital facilities fees will be made for a customer requests WI In the event largcr rates. .$100 $ 10 meter, credit cu No rebates decrease In meter sizes. Water Front Footage A Front Footage Fee of$15.00 per foot for each separate cOImection to an existing water main shall bc paid by each applicant who wishes to sccure service therefrom. For a lot abutting two or more water lincs, the front footagc fee will be calculated on the average length of the side of the lot abutting the lines. The minimum front footage fee will be $750 (50 feel). .See Attached Water Lateral Where a suitable stub-out for service has been made at the expense of the applicant or a previous owner of the property and is available, there is no water lateral charge. In any other case, the water lateral charge is $750 for service to a 5/8" water meter. For service to larger meter the water lateral charge is determined on a time and materials basis. .See Attached See Attached Lis . See Attached For a plus For a 5/8" water meter there is a charge of $300. is the actual cost to the Town of the meter Water Meter --- larger meter the charge $100 and installatiOl WA TER AND SEWER FEES AND CHARGES customers the For non- an amount For residential water customers the $634.36 per residential unit. For non- is Sewer Capital Facilities sewer capital facilities fee the The amount of a fee based OfT the size of the water meter is as .$ Special Meter Rcad Cltarge Meter Tes Relocate Meter. Meter Pressure Tesl After Bours Reconneetion: witn a rrent No Charge for Town Error .$50 Customer Reques See Attached Lis .See Town Code Review. Foowge. Lateral SECTION 9. Water Capital water capital facili residential customers, Aecouot Serviciog for Payments Made with Um\Tapped Coins: $1 each 100 coins or fraction thereof that the Town IS required to count in excesS oflhe first $10 of unwrapped coins suhmitted in payment of the utility bill. Water/Sewer Capital facility. PelJletoal Maintenance. .j::. -.j Availability Front Vi aterlSc:wc Meter. Water/Sewe Water/Sewe Wale 3:: -. ..... :s c: ;;. :s (l> (l> vo :l> i3 '" . '" tV ~ 0 o 0 ri 0'. Q. :Al .. (l> en ~.- (l> _ '" ., ~ ~ ~-C0l :s ., 0 [~ a. =~3:: ~O~ 0-'=. 00'.:s 0'.00<> I I { t Water and/or Sewer Availability Revicw --- The actual cost to the Town of the Availability Review shall be borne by the party requesting or proposing the extension to the Town's system for which the Availability Review is performed an amoun meter is as of costs the For residcntial be as follows: $100 for water line review $100 for sewer line review $300 for water line rcview $300 for sewer line revicw developments Engineering Revicw Engineering Review shal 0-10 Unit 634.36 1,585.90 3,171.80 5,074.88 0,149.76 5,859.00 31,718.00 50,748.80 $ 5/8" Mete I" Meter. I 1/2" Meter 2" Meter 3" Meter 4" Meter 6" Meter 8" Mete or morc. For non-residential developments the fees shall be the same as for 11 or more residential units except where thc amount and complexity of water and sewer line construction is equivalent to a units. SECTION 10. PLANNING FEE SCHEDULE Application Review Site Plan ' $300* $100 $400* $500* $500* $200 Minor Site Plan Conditional Usc 2 Penni Conditional Use 1 Penni Special Use Permit wlo Rez. Modification reg. Board review Pavement Restoration A eharge of $250 shal restoration for caeh water and/or sewer lateral a pavement eut. Water/Sewer Lateral be paid for pavement installation that requires $300* $600* $400* $300* $ 75 $ 50 $ 50 is facilities fee based on TIle amount of a fce based on the size of the water follows development of less than proposed residential Sewer Front Footage --- A front footage fee of $20.00 per foot for each separate connection to an existing sewer shall bc paid by each applicant who wishes to secure service therefrom. For a lot abutting two or more sewer lines, the front footage fee will be calculated on the average of the sides of the lot abutting the lines. The minimum front footage fee will be $1,000 (50 Feet). Sewer Lateral --- Where a suitable stub-out for service has been made at the expense of the applicant or a prcvious owner of the property and is availablc to the property linc or to thc cdge of the easement, there is no sewer lateral charge. The actual cost will be determined on a time and material basis but not less than $750. Rezoning Special Use Rezoning w/SUP Special Use Rezoning wlmaster Construction Plan Review - SUP Variance Special Exception Penn it Text Amcndmen BUDGET ORDINANCE residential customers, the sewer capital the size of the water meter. Perpetual Maintenance -.- The amount, calculatcd accord ing to a printed formula, which will, when invested, produce annual interest income sufficient to covcr thc estimated annual cost of the operation, maintenance and repair of the pumping station for an indefinite pcriod. Thc perpetual maintenance fee shall be paid beforc thc construction of the extension of the Town's sewcr system with which the pumping station is associated. .j:>. 00 I I I I I I I I i i ! I I I I I I I I I I ! i I ! , , i { Junc, 2006. day of NORTH CAROLINA ORANGE COUNTY 2'11 Adopted this BUDGET ORDINANCE Cert. of Appropriateness $ 10 *plus $10 per acre for sites larger than 10 acres Rezonings & Special Use Rezonings reviewed In conjunction with an annexation request pay double the fee to off-set the preparation of the Fiscal Impact report. Town Clerk, hereby certify that the true and accurate copy of the 2006-2007 Budget will be recorded in the Town of HilIsborough Armbrister, \, Donna F. forcgoing is a Ordinance which Minute Book. $ 50 $300 + $1 O/lot $600 + $1 Ollot Subdivision Review Minor (1-410lS) Major (1-4910ts) (50 or more) hereunto set my hand and of said Town to be have corporate seal of June, 2006. IN WITNESS \\lIEREOI<', have N the official affixe, 2'11 day ~aused this the Signs - (new or replacement) wall mounted $10 free-standing $25 $0 $25 $25 Permits Change of Use Home Occupation Temporary Use Permit ( \... Zoning (based on cost of construction): Residential zones $1/$1000 of construction cost; $5 minimum Multi-family zones $1.50/$1000 of construction cost; $10 minimum Non-residential zones $2.00/$1000 of construction cost; $10 minimum ~ \0 ~ 5" l...o c: c: _ ::> " " '" ;I> ;::; "'0 ~v ~ 0 o 0 < 0\ 3. ;;0 .. " _ OQn CIl c: " - "2 :; !:! "'C i:C :l ., 0 0" 000 ., Q frI a. =~~ ~og o~=. 00\::> 0\ 0000 _,;t,;\l' !i~ljJI;f4" . LU Ii ('\ 0/ ,\....-r\.r(, nj~Q~.-.. ~j,,~ -' v' U~ " ~~'-~ O-::~ ..~ """'" c.- [~ ~~T"J! '<1 ~~ = "-<:1n"_k~& .. ~ i~~~~ ~ ~~ -~~ ~~ ~"'.. ~. . ,~~ ....,9~....., _ _ ~~\.,\.' -61 cfilltJ,\, FtfJ1ff U i U\'. Street or Zoning Map $2 Vision 2010 55 Photocopies $O.IO/page $25 $10 $10 $5 Documents and Zoning Ordinance Subdivision Regulation Parks & Recreation Plan Hist. Dist. Design Guidelines Maps be this the Ordinance shal Officer of In Budge their direction SECTION 11. Copies of this Budget furnished to the Finance Office and to the file them for by Town to be kept on disbursement of funds. s: S' to.. c: c: _ :I (1) (1) '" ~ N '" . '" N ~ ~ (1) 0. " .. (1) C/J lJQ (1) =. '" ~ " .., :I"CCC - ~ 0 g~ :; .., " 0. =i;gs: ~O~ O~=. 0"':1 "'OlJQ I I I I I I I i ( 3rd Inspection Non-Compliance $11000 $120.00 $130.00 $140.00 $150.00 $160.00 $170.00 $180.00 $190.00 $200.00 $210.00 $220.00 $23000 $240.00 $250.00 $260.00 $270.00 $280.00 $290.00 $300.00 $310.00 $320.00 $330.00 $340.00 $350.00 $360.00 $370.00 $380.00 $39000 Initiallnspeclion Initial Inspection Re-inspection Re-inspection 3rd Inspection In Compliance Non- Compliance In Compliance Non-Compliance In Compliance $25.00 $50.00 $30.00 $75.00 $50.00 $30.00 $55.00 $30.00 $85.00 $50.00 $35.00 $60.00 $30.00 $90.00 $50.00 $40.00 $65.00 $35.00 $95.00 $55.00 $45.00 $70.00 $35.00 $100.00 $55.00 $5000 $75.00 $35.00 $105.00 $55.00 $55.00 $80.00 $40.00 $110.00 $60.00 $60.00 $85.00 $40.00 $115.00 $60.00 $65.00 $90.00 $40.00 $120.00 $60.00 $70.00 $95.00 $45.00 $125.00 $65.00 $75.00 $100.00 $45.00 $130.00 $65.00 $80.00 $105.00 $45.00 $135.00 $65.00 $85.00 $110.00 $50.00 $140.00 $70.00 $90.00 $115.00 $50.00 $145.00 $70.00 $95.00 $120.00 $50.00 $150.00 $70.00 $100.00 $125.00 $55.00 $155.00 $15.00 $105.00 $130.00 $55.00 $16000 $7500 $110.00 $135.00 $55.00 $165.00 $75.00 $115.00 $140.00 $60.00 $170.00 $80.00 $120.00 $145.00 $60.00 $175.00 $80.00 $125.00 $150.00 $60.00 $18000 $80.00 $130.00 $155.00 $65.00 $185.00 $85.00 $135.00 $160.00 $65.00 $190.00 $85.00 $140.00 $165.00 $65.00 $200.00 $85.00 $145.00 $170.00 $70.00 $205.00 $90.00 $15000 $175.00 $70.00 $210.00 $90.00 $155.00 $180.00 $7000 $215.00 $90.00 $160.00 $185.00 $75.00 $220.00 $95.00 $165.00 $190.00 $75.00 $225.00 $95.00 (' ( \ Fire Inspection Fees Building Size up 10 5000sqft 5001 to 10,000sqft 10,001 to 15,OOOsqft 15,001 to 20,000sqft 20,001 to 25,000sqft 25,0011030,000sqft 30,001 10 35,000sqft 35,001 to 40,000sqft 40,001 10 45.000sqft 45,001 to 50,000sqft 50,001 to 55,000sqft 55,001 to 60,000sqft 60,001 to 65,000sqft 65,001 to 70,OOOsqft 70,001 to 75.000sqft 75,001 to 80,000sqft 80,001 1085,000sqft 85,001 to 90,OOOsqft 90,001 10 95,000sqft 95,001 to 100,000sqft 100,001 to 105,000sqft 105,001 to 110,000sqft 110,001 10 115,000sqft 115,001 10 120,000sqft 120,001 to 125,000sqft 125,001 to 130,OOOsqft 130,001 to 135,000sqft 135,001 10 140,000sqft 140,001 to 145,000sqft Ul o { 3rd Inspection Non-Compliance $400.00 $410.00 $420.00 $430.00 $440.00 $450.00 $460.00 $470.00 $480.00 $490.00 $500.00 3rd Inspection In Compliance $95.00 $100.00 $100.00 $100.00 $110.00 $110.00 $110.00 $120.00 $120.00 $120.00 $130.00 <' Initial Inspection Initial Inspection Re-inspection Re-inspection In Compliance Non- Compliance In Compliance Non-Compliance $170.00 $195.00 $75.00 $230.00 $175.00 $200.00 $80.00 $235.00 $180.00 $205.00 $80.00 $240.00 $185.00 $210.00 $80.00 $24500 $19000 $215.00 $85.00 $250.00 $200.00 $220.00 $8500 $255.00 $205.00 $225.00 $85.00 $260.00 $210.00 $230.00 $90.00 $265.00 $215.00 $235.00 $90.00 $270.00 $220.00 $240.00 $90.00 $280.00 $225.00 $24500 $9500 $290.00 .' \ Fire Inspect/on Fees Building Size 145,001 to 150,OOOsqft 150,001 to 155,OOOsqft 155,001 to 160,OOOsqft 160,001 to 165,OOOsqft 165,001 to 170,OOOsqft 170,001 to 175,OOOsqft 175,001 to 180,OOOsqft 180,001 to 185,OOOsqft 185,001 to 190,OOOsqft 190,001 to 195,000sqft 195,001 to 200,000sqft Ul 3:: ;" '- c: c: _ :> " " '" :>> i3 "0 - "0 '" a 8 ~ 0> 0. ;0 .. " VOl ~ " - -g ~ 3"'CCj g~ g ..., ('C a.. =~3:: ~o~ o ~:" 00>:> 0> O(JQ _________~_.____..._._.______N__N____N_.____..___N.N.~..._.-....----...--. ...,-........ Town of Hillsborough Equipment Financing Proposal Results Wachovia Bank of Amer. BB&T $198,501 for 36 Months 4.170/0 ~:,:~~fitj;Z~~f~~~~.{Qj~ 4.56% '.,~, '-~ 52 RBC 4.02% June 12,2006 Regular Board Meeting Page 52 of 60 Minutes Approved: September 11,2006 SunTrust First National 4.95% 4.422% June 12,2006 Regular Board Meeting Page 53 of 60 Minutes Approved: 'September 11,2006 _._~....__.._________..___..__...___..._____..._...w__......._____.__..._..._~_~___p........__......___.___............__._._._.___....+.......-..".........--..--....--..---......- ............/ RESOLUTION ~RES2006.06.12-12.C Town of Hill~ Reimbursement Resolution for the Town of HiIIsborough WHEREAS, The Town of Hillsborough (the "Borrower") [has made / intends to make) certain capital expenditures in connection with the acquisition of celtain equipment, including a 2006 Autocar Garbage Truck (the "Equipment"), following the date of this Resolution. and the Borrower expects to make additional capital expenditures in connection with the acquisition of the Equipment in the future. RESOLVED, that the Borrower intends to reimburse itself for all or a portion of such expenditures, to the extent pennitted by law, with the proceeds of bonds "Or other obligations to be issued by a political subdivision or other governmental entity for the benefit of the Borrower (the "Obligations"). FURTHER RESOLVED, that the maximum principal amount of Obligations expected to be issued for the Equipment is $198,50 I. * * 1): * If: '1M": The undersigned hereby certifies that the foregoing Resolution was duly adopted by the Board of Commissioners of The Town of Hillsborough on June 12,2006. ,; /i ,,7 ~// /. ... / .< ~ ~. ,~J1(.b-!A?A P? ~ . Secretary ............... 1:17 North Chur/on Street. p.o. Box 429 . Hillsborough, North Carotin(J 2.72?8 919-782-2/04 . Pax 919-7:12-1028 53 June 12, 2006 Regular Board Meeting Page 54 of 60 Minutes Approved: ,september II, 2006 ---------~---_..__...__._..... Ordimmcc No. #ORU2006.06.12-12.E 111C following ordinance was introduced with a motion for DENIAL by Commissioner Hallman and duly seconded by Commissioner Dancy: AN ORDINANCE ANNEXING C.f.."'RTAIN CONTlGUOUSPllOPERTY WHEREAS, a petition was received requesting the annexation of 118.851 acres on the north side of US 70 A; WHEREAS, the petition was signed by the owners of aB the real property located within such area; and WHEREAS, public hearings on the annexation were held on July 26, October 6, October 25, 2005 following notice of such hearing published in the News of O.m!lgLCounty on July 13 und 20, 2005 and September 21 and 28,2005. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF HILLSBOROUGH ORDA.lNS: Section 1. The Board of Commissioners linds that a petition requesting the annexation of the area described in Section. 2 was properly signed by the owners of all the re.al property located within such area and that such area is contiguous to the boundaries of the town of Hillsborough, as the tenu "contiguous" is defined in G.S. 160A-31(t). Section 2. The following area is hereby annexed to and made a part of the Town of HiUsborough: Beginning at a point on the northem right of way lif/e of business HWY 70, said point being the southwestern corner of Lot 12 as recorded in 1>8 1 PG 34; thence with a bearing of SQuth 66007'33" East a distance of 834.31 feet to a point; thence will1 a bearing of South 660(17'33" East a distance of 21.72 teet to a point; thence with a beari.ng of North 02021'25" East a distance of 39.10 feet to apoint; thence with a bearing of Soutb 89"08'35" East II distance of 186.(1) feet to a point; thence with a be.aring ofNortb 02021'25" J~ast a distance of207.00 feet to a point; t1wnce with II bearing of South 77023'35" East a distance of586.36 feet to a point; thence with a bearing of Soutb 77023'35" East a distance of 54 June 12,2006 Regular Board Meeting Page 55 of 60 Minutes Approved: September 11,2006 ------~._._,--_._..,-,..-..,-----_..._........---..........------_.....~....-_..............----..--..-....-....---.-....--.'. 245.84 feet to a point; thence with a bearing of South 770 23'35" East a distance of 152.23 feet to a point; thence with a bearing of South 08053'09" West a distance of 236.05 feet to a point; thence with a bearing of South 09002'38" West a distance of 274.33 feet to a point; thence with a bearing of South 67056'11" East a distance of 134.63 feet to a point; thence with a bearing of North 05014'59" East a distance of 554.46 feet to a point; thence with a bearing of North 89046'53" East a distance of 775.57 feet to a point; thence with a bearing of North 89020'37" East a distance of 391.79 feet to a point; thence with a bearing of South 89046'29" East a distance of 659.40 feet to a poinl; thence with a bearing of North 00002'35" East a distance of 1122.90 feet to a point; thence with a bearing of North 00025'55" East a distance of 78.94 feet to a point; thence with a bearing of South 86041 '25" West a distance of 102.25 feet to a poinl; thence with a bearing of South 86037'04" West a distance of976.22 feet to apoinl; thence with a bearing of South 86035'22" West a distance of 1957.63 feet to a point; thence with a bearing of North 87015'34" West a distance of20.00 feet to a point; thence with a bearing of North 03024'55" East a distance of854.41 feet to a point; thence with a bearing of North 03048'41" East a distance of569.52 feet to a point; thence with a bearing of North 87019'43" West a distance of 62.00 feet to a point; thence with a bearing of North 54009'43" West a distance of 235.61 feet to a point; thence with a bearing of South 69013'01" West a distance of553.23 feet to a point; thence with a bearing of South 03037'51" West a distance of 2076.76 feet to the point of beginning; containing 5177165.59 square feet or 118.851 acres. Section 3. This Ordinance shaH become effective on adoption. Section 4. The Town Clerk shall cause to be recorded in the Office of the Register of Deeds of Orange County and in the Office of the Secretary of State an accurate map of the annexed territory described in Sections 2 and 3 together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1. The foregoing ordinance having been submitted to a vote, received the following vote and was duly DENIED this lzth day of June, 2006. Ayes: 4 Noes: I Absent or Excused: \"11"."',,, ~\\' C tt~/" ...... 1'\'" '" ......." ~.'-:. ~~ ~%-:. ~O &so ~ . ~ .. - f-. ~."'" .- ~ U;U ! E _ 1 t'__ i .. -;,~ $ -::.~ _....~S "'~~'!' CA~~\""''''' """..""" ~ Donna F. Armbrister, Town Clerk 55 June 12,2006 Regular Board Meeting Page 56 of 60 Minutes Approved: September II, 2006 ---...--...----------.--......-----......--.........--'...-----...........-----.---..--..----..-..-.-.-------.-.-....-.-.........-..,-, Town Board's Statement per N.C. Gen. Stat. 160A-383 The Town of Hillsborough Town Board has received and reviewed the application ofW & W Partners. Inc to amend the Town of Hillsborough Zoning Ordinance/Map as follows: To zone approximately 118 acres of newly annexed property on the north side of US 70 A from Orange County R-l to Hillsborough Entranceway Special Use. The Hillsborough Town Board has determined that the proposed action is inconsistent with the Town of Hillsborough's comprehensive plan, and the Town Board's proposed action on the amendment is reasonable and in the public interest for the following reason(s): 1. Water and sewer is not going to be provided to the property 2. The proposed project is not in the best financial interest of the Town of Hillsborough 3. The property is not within the town's jurisdiction 4. The proposed project will have a negative impact in terms of traffic on US 70 A. 5. The proposed project is not consistent with the town's values regarding affordable housing. Adopted by the Town of Hillsborough Board of Commissioners this 1 ih day of June, 2006. ~~ 56 June 12, 2006 Regular Board Meeting Page 57 of 60 Minutes Approved: September II, 2006 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: WHEREAS, an application has been made for the rezoning of the property herein; and WHEREAS, the application has been referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a written recommendation addressing the consistency of the proposed rezoning with the Town's comprehensive plan and such other matters as the Planning Board deemed appropriate; and WHEREAS, the Town Board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the Town's comprehensive plan and eXplaining why the action contemplated by the Town Board as reflected herein is reasonable and in the public interest. NOW, THEREFORE, be it ordained as follows: Section I. The Zoning Map of the Town of Hills borough is hereby amended to 118.851 acres on the north side of US 70 A from Orange County R-l to Entranceway Special Use (part ofTMBL 4.37.c'21 and 4.40.B.l) Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted with a motion to DENY received the following vote and was duly DENIED this 12th day of June, 2006. Ayes: 6' Noes: .0 Absent or Excused: .r ~.,,//~ Donna F. Armbrister, Town Clerk 57 June 12, 2006 Regular Board Meeting Page 58 of 60 Minutes Approved: September II, 2006 _______~________~____...___________,..w.___.___._._,._._._ TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS RESOLUTlON DENYING THE APPLICATlON OF W & W Partners, Inc. FOR A SPECIAL USE PERMIT WHEREAS the Applicant, W & W Partners, Inc., applied to the Town of Hillsborough for a Special Use Permit on a 118 acres on the north side of US 70 A to authorize the construction of Ashton Hall, a planned development containing 272 dwellings with a recreation center and 20,000 sf of office and retail uses at the western entrance (TMBL 4.37 .C.21 & 4.40.B. I); and WHEREAS the Town of Hillsborough Planning Board and Board of Commissioners have conducted 3 public hearings on the application and have reviewed the site plans, information and testimony presented both in favor of, and in opposition to, the Special Use Permit; and WHEREAS on December 6, 2005, the Hillsborough Planning Board considered the application and made its recommendation to the Board of Commissioners with respect to the application. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF HILLS BOROUGH BOARD OF COMMISSIONERS this 12u1 day of June, 2006 as follows: 1. The Board of Commissioners has reviewed the application, all the testimony presented and materials submitted to it in connection with the application, and the Planning Board's recommendation, and finds and concludes that the application is incomplete and/or if completed as proposed the development will not comply with the following requirements of the Zoning Ordinance: the property is not in the town's jurisdiction due to the denial of the annexation request and the property is not properly due to the denial of the zoning request, and for the reasons stated in the Section 160A-383 statement. WHEREFORE, upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the foregoing Resolution was put to a vote of the Town of Hillsborough Board of Commissioners, the results of which vote are as follows: Ayes: b Noes:H Absent or Excused:r 58 .......1IUilJl' .'....-" June 12, 2006 Regular Board Meeting Page 59 of 60 Minutes Approved: September 11,2006 NORTH CAROLINA ORANGE COUNTY TOWN OF HILLSBOROUGH W A TERlSEWER EXTENSION CONTRACT THIS CONTRACT is entered into this 13th day of June, 2006, by and between Eye INVESTMENTS, LLC (hereinafter the "Developer") and the Town of Hillsborough, a North Carolina municipal corporation (hereinafter the "Town"): WHEREAS, the Developer proposes to extend the Town water and sewer system to serve CORBINTON COMMONS (hereinafter the "Project''); and WHEREAS, the Developer has agreed to pay certain costs associated with the proposed extension: and WHEREAS, at its meeting held June 12 ,2006, the Hillsborough Town Council authorized the proposed extension subject to execution of this agreement and compliance with its terms; NOW, THEREFORE, the Developer and the Town, and the heirs, successors, and assigns of each of them agree: (1) Subject to Developer's compliance with the terms and conditions set forth herein, and subject to Developer obtaining any necessary approval from the State of North Carolina or any other agency or authority, the Town will permit the connection of improvements constructed for the above-referenced project to the Town water and sewer systems, a) The Town reserves the right to refuse to allow connection to or use of the Town water and/or sewer system (i) when such connection would cause the Town's system or the operation thereof to be in violation of any applicable state or federal requirement; or (ii) for reasons not known or foreseen by the Town at the time this contract was executed that would create a clear and present danger to the public health or safety. Reasons for refusal to allow connection shall include, but not be limited to, lack of water supply or lack of capacity of one or more components of the water or sewer system. b) The Town's authorization to connect to thc Town's water and sewer system under this agreement shall expire if (i) substantial (i.e. more than token) construction of the project has not begun within two years from the date upon which this contract was executed; (ii) after construction begins, construction ceases for a continuous period of at least one year (unless a result of an action by the Town); or (iii) the extension to be constructed pursuant to this contract has not been connected to the Town's system in accordance with the requirements set forth herein within three (3) years from the date upon which this contract was executed. (2) Nothing in this contract shall be construed as constituting express or implied approval of the Project by the Town under any applicable Town zoning, subdivision, or other land use ordinance. 59 June 12, 2006 Regular Board Meeting Page 60 of 60 Minutes Approved: September II, 2006 -----_.........--_.._----_..,.......,--.._-_..._...-.._'-_...~-_...--_...._-_....._,--,~..._...._-_."_.,.-.- (3) The Developer agrees to comply with or satisfy the following terms and conditions as well as those set forth in Appendix A and acknowledges that the Town's authorization to connect the proposed extension to the Town's system is specifically contingent upon compliance with or satisfaction of the same. If these conditions are not met, the extension agreement will be rendered null and void and the Developer will need to re-negotiatc a new contract for cxtension of service from the Town. A. General Conditions: I. Unless otherwise explicilly and specifically slaled, Developer shall bear the costs and expenses of all of the obligations and duties created by this contract, including without limitation, engineering and legal fees incurred by the Town in connection with the proposed extension. 2. The Town will permit the physical connection of the exlension to the Town's water or sewer system only after all of the conditions set forth in Sections Band C and any additional conditions appended hereto have been satisfied. 3. The Town shall own and maintain the improvements constructed under this contract after they are dedicated and accepted. However, if within one year of the date that the offer of dedication of the extension constructed pursuant to this contract is accepted, or within one year of the date of completion of all construction for each phase, whichever occurs later, defects in workmanship or materials are discovered in work done pursuant to this contract by or for the Developer, the Developer shall see that such defects are promptly corrected at the Developer's expense. Construction and warranty bonding shall be as required by current Town policies. .-.' 4. The Town may make or authorize extensions or connections to or from any of the improvements constructed pursuant to this contract without permission of the Developer. 5. Developer's construction of improvements pursuant to this contract shall not relieve Developer of the obligation to pay applicable fees under the Town's water and sewer policies, except as amended by Appendix A. 6. Developer's construction of improvements pursuant to this contract does not atTect the Town's policy with respect to the fees to be paid to the Town by property owners other than Developer for connection to the improvements constructed by Developer pursuant to this contract. Nor shall Developer have any right to collect fees from persons connecting onto or extending the improvements constructed under this contract except as specified herein Appendix A. 7. Water and sewer service which meet minimum State standards will be provided to this development. The Town makes no other warranty as to any particular water quality, quantity or pressure to be provided. ",,",,-,,_, 2 60 June 12,2006 Regular Board Meeting Page 61 of70 Minutes Approved: September II, 2006 61 June 12,2006 Regular Board Meeting Page 62 of70 Minutes Approved: September 11,2006 _____H.H___'__.H.HH_._.___._____~..______.___.______.._H________._.H._._..__.~_ 8. All fces and charges to be paid pursuant to this contract shall be calculated in accordance with the fee schedule in effect when the fees and charges are paid. 9. This contract may be assigned by thc Dcvelopcr, but such successor or assignee shall obtain no rights hercunder until after it has provided the Town with a written acknowledgment of its obligations and responsibilities undcr this agreement. However, this contract is specific to the Projcct described above and any change or alteration in the approved intended use, i.e. residcntia1 and commercial development. of such project shall, absent the written consent of the Town, void this contract. 10. The words "line" or "lines" shall include "main or "mains" unless the contract otherwise requires. "Sewer" means "sanitary sewer." 11. This contract shall be deemed made in and shall be construed in accordance with the law of North Carolina. Any dispute between the parties of this agreement may be referred, at the request of the Town, for binding arbitration through the private Adjudication Center at Duke University. B. Pre-Construction Conditions 1. The Developer shall engage a licensed Professional Engineer to prepare plans and specifications for the construction of water improvements and/or sanitary sewer improvements to serve the Project. '- 2. The Developer shall secure approval orthe construction plans by the following agencies or authorities, to the extent applicable: Town Engineer/Utilities Director North Carolina Department of Environment and Natural Resources North Carolina Department of Transportation 3. The Developer shall obtain any necessary encroachment agreements or easements for use of property not owned by the undersigned Developer or project owner. 4. All water and sewer capital facilities fees for residential projects shall be paid before construction of the extension begins except as provided herein Appendix A. C. Construction Conditions: \, Unless otherwise provided in this contract, all construction shall be in accordance with Town policy, standards and specifications. a) The Town shall designate the size and type of material for all water and sewer lines. ............. 3 62 ............. "'ll/_'. ..........." June 12,2006 Regular Board Meeting Page 63 of70 Minutes Approved: September 11,2006 b) All work shall be subject to inspt:ction by the Town. No line may be covered up until such inspection has taken place and if any line or facility is covered up prior to inspection, the Town may require such line or facility to be uncovered or exposed to view at the Developer's expense to facilitate such inspection. c) The Town will require any testing to determine that the work complies with Town standards and specifications. All such testing shall be at the Developer's expense. d) The Developer's Engincer shall provide construction stake out and supervision. e) An Engineer's represcntative shall be onsite each day that meaningful work is performed and shall prepare daily logs to be submitted weekly to the Town Engineer. 1) All construction shall be performed by a contractor licensed to perform this type of work in North Carolina. g) The Contractor shall have a field superintendent onsite at all times during construction. 2. The Developer shall bear the total cost of all water and/or sewer construction within the Project and the total cost of all water and/or sewer construction required to extend service to the project. D. Post-Construction Conditions: Before the Town will allow watcr to flow to thc project or permit use of the Town sewer system to serve the project, Developer shall: 1. Furnish the Town three printed copies and one electronic copy of the record drawings, together with: a) the contractor's affidavit that the drawings accurately represent the as-built improvements, and b) a certificate of compliance executed by the Professional Engineer of record indicating that work has been performed in substantial compliance with the approved plans and specifications. c) a Contractor's Affidavit and Release of Liens from all subcontractors and materialmen. d) a Warranty from a viable Surety in the name of the Town of HiIlsborough for a period of 1 year from the date of acceptance. 4 63 ......-... '(~, '.........,.. June 12,2006 Regular Board Meeting Page 64 of70 Minutes Approved: September 11,2006 2. Convey to the Town and record or cause to have recorded in the Orange County Registry all deeds of easement and plats showing all water and/or sewer easements required to serve the project. 3. Formally dedicate to the Town all physical improvements constructed to serve the project that is the subject of this contract, which improvements shall become part of the Town water and sewer system and will thereafter be owncd and maintaincd by the Town. IN TESTIMONY WHEREOF, the parties hereto have executed this Contract in duplicate originals, as of the day and year first above written. EYC INVESTMENTS, LLC TOWN OF HILLS BOROUGH By:. Ellis Y. Coleman President By: Eric J. Peterson Town Manager ATTEST: ATTEST: Secretary Town Clerk Donna F. Armbrister This instrument has been preaudited in the manner required by the Government Budget and Fiscal Control Act. Greg Siler, Finance Director List of Appendices: Appendix A (p. 6-7 of contract) 5 64 June 12,2006 Regular Board Meeting Page 65 of70 Minutes Approved: September II, 2006 _____~__.___N...~_________......______.M__......___.____..__._.-...-.-- \'li#tu,"" 'iwo_'" Project: CORBINTON COMMONS TOWN OF HILLSBOROUGH WATER/SEWER EXTENSION CONTRACT APPENDIX A Developcr agrccs to satisfy the following conditions in addition to thosc set forth in the WATER/SEWER EXTENSION CONTRACT before the Town will pemlit the connection of improvements constructed for the above referenced project to the Town water and sewer system: 1) The Project shall consist of 2... Phases having a total of.A.:L Assisted Living units (96 beds), 1.i. Single Family lots (25 SF units & 20 detached Townhouse units), 24 Duplex units, M Apartment/Condominium units, and..1.L designated 202 Program Apartment/Condominium units. The capital facilities fees due for all Phases may vary since the prevailing rate at the time tees are paid will be charged. All water meters for the project shall be purchased from the Town at the prevailing rate at the time meters are purchased. The Developer shall pay all capital facilities fees for the first phase prior to any onsite construction or within 6 months fi'om the execution of this agreement. Phase II fees shall be due prior to any construction on Phase II or 12 months from the execution of this agreement, whichever occurs sooner, and each additional Phase fees shall be due prior to any construction on each Phase or 24 months from the execution of this agreement, whichever occurs sooner. Phase V fees shall be due prior to any construction on Phase V or 36 months from the execution of this agreement, whichever occurs sooner. Phase I shall consist of.A.:L Assisted Living units (96 beds), Phase II shall consist of..12 Single Family lots (25 SF units & 20 detached Townhouse units), Phase III shall consist of.l1.. Duplex units, Phase IV shall consist of..Ql Apartment/Condominium units, and Phase V shall consist of -4..L designated 202 Program Apartment/Condominium units. 2) Developer shall design, penn it, gain easements, and construct all off-site utility improvements prior to constructing anyon-site utilities as described below. These facilities may include, but not be limited to, approximately 5,200 LF of Jl-inch water main, 850 LF of -2- -inch water tine, one sewage lift station with standby power, approximately 1,700 LF of -2--inch sewage force main, and approximately 7.500 LF of Jl-inch gravity sewer to the Town's system. Minimum tie-ins shall be made to the Town's water and sewer systems at various locations to include, but not be limited to: a) Water: 8-inch tie-in to existing Town water at western entrance of property at US 70 and Gwen Road. b) Water: 8-inch tie-in to existing Town water at eastern entrance of property at US 70 (between Gwen Road and Miller Road). c) Water: 6-inch tie-in to existing Town water at Corbin Street. d) Sewer: 8-inch tie-in to existing Town gravity sewer at existing Orange High School Pump Station (at intersection of Orange High School Road and US 70). e) Sewer: 6-inch force main tie-in to existing Town gravity sewer west of project area near Corbin Street right-of-way. t) Sewer: Abandonment of the existing Orange High School Pump Station and associated force main (All existing equipment to remain the property of the Town). 6 65 June 12,2006 Regular Board Meeting Page 66 of70 Minutes Approved: September 11,2006 ~'H_"______,,,____'H___'_'____P__.,___,______........"mH"".o-...----..------.-....--...-.--.-.-..--..--.. .........,. ,""""'. 3) All off-site and on-site utilities shall be installed per Town Specifications & Details after the plans are approved by the Town Engineer and applicable State agencies. 4) Front Footage Fees shall be collected from new customers that tie directly into the gravity sewer and the water line portions of the required off-site extension for a period often years from the date of this contract. Fees assessed will be at the prevailing rate at the time of tie- on and will be reimbursed to the developer per the guidelines established in the Town Code. 5) A Perpetual Maintenance Fee for the sewage lift station shall be due prior to the Town's acceptance of the station for ownership and maintenance. The Perpetual Maintenance Fee shall be calculated using the formula listed in the Town Code. Perpetual Maintenance Fee for this replacement/relocated pump station shall be paid to the Town of HiIlsborough for additional pump station capacity. The fee will only be charged against the incremental difference in the pump station (compared to the existing OHS Pump Station) as a result of the upgrade (not based on the total PS output/ener.gy usage). The pump station shall be designed and installed in accordance with the Town Specifications & Details. '...........' 7 66 June 12,2006 Regular Board Meeting Page 67 of70 Minutes Approved: September 11.2006 -----....-.--.....----.-----..---.---.....-----..--..----.-.-----------~.-.-._-_.- RESOLUTION ~RES2006.06.12-12.1 TOWN OF IUU,sBOROUGH nOAUD OF COMMiSSIONERS RESOLUTION GRANTING ^ SPECIAL USE PERMIT SUn.n;Cf TO SPECIAL CONDITIONS AFFI~C'nNG 40.13 ACHES OJ'"J,AND iDENTIFIEn ASf'IN 9874-38-1861 and 9874-49-0155; TAX MAr NO. 4.37.A.3c & 3d WTIEREAS, the Town of HiHsbor0l1gb Board of Commissioners previollsly approved a Special Use Pcnnit authorizing the developmeni, of 40.13 acres of land located on the south side of US 70 Bypass., beh'leen Latta Road and Gwenn Road, said parcels bearing PINs 9874-38- 1861 and 9874-49-0155; TAX Ml\,P NO. 4.37.A.3c & 3d, said parcel being owned by H. Tate McKee Tntstee.; and WHEREAS, the applicant has submitted a moditication l'\~qL\est to that approved Permi! consistent with a negotiated settlement to allow a revised project to move forward; and WHEREAS, the conditions of approval in Exhibit 1 detail all the conditions ofiliat settlement and language in those conditiolls control if the details ofthe referenced drawings conflict with the written conditions; NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of Commissioners, on motion (}f i.11et'.B:l1.../..dl..uJLtl.J _.._______.......__' seconded by f:f!.!!. H-f!.-U!!!fr;^" this 1 ih day of June, 2006 as loUows; 1. The Board of Commissioners has considered all the infbrrnation presented to it both in support of and in opposition to the application at the October 2'2..1002 and April 22, 2003 public hearings; ? The Board of Commissioners finds that the requested pemlil is within its jurisdiction according to the Table of Permissible Uses, that the application is complete, and that if the proposed development is completed as proposed .in the application, subject to the Special Conditions attached hereto, it will comply with the requirements of the Zoning Ordinance. 3. The Special Conditions attached to tIle Special Use Permit as Exhil:)it I are intended to preserve andlor promote the health, safety and welfare of the surrounding areas and the Town of Hillsborough in general, and to insure that thePel'forrnance. Standards established by Section 4.48 of the Zoning Ordinance are meL 4, Upon adoption of this Resolution, the Town of HiIlsborough shall issue a modified Special Use Permit iu the standard form to rephl.(;e the on(: recorded at Book 3597 Page 33 and notice (\f this decision and issuance of the modified special use pemlit shall be transmitted forthwith in accordance with Section 4.41.10 of the Zoning Ordil1lmce, 67 June 12,2006 Regular Board Meeting Page 68 of70 Minutes Approved: September 11,2006 _______H._...~____.n_...__________M.____________.___._____--_...._.._~.-~_.._._..."._~-_._..,._.._._-_._._. WHE.REFORE, the foregoi.ng Resolution was put to a vote of the Town of Hi\\sQmoug,h Board of Commissioners this 12\h day ofJune, 2006, the result ()fwhich vote W,IS as follows: 5' Ayes: Noes: ..{;.}---' Absent or Excused: 6';-'-- Dated: (9!L:_!.i!:_=.:z..L.lei.:._ ~rJ /,J2' - L / / I' '" I . / - . _.1.tJt.._~2:~..{~!!;i. !:,.t.t;::I:::!:?f/!j~..::-_~~ __ . anna Annbrister', Town Clerk Exhibit 1 1. The plans dffi.-ea-+G,g,QOO.J sealed April 20, 2006 are the plans approved by this pennit, including SUppOlt m,lterials. 2. The tnmsportati()[l improvements recommended by the traffic impact study daled October 2002 will be installed at the developers expense before occupancy of thc project. In addition, the installation of a traffic signal Ht the applicant's expense at the Gwenn Road entrance if the NCDOT will penni!: its installation. 3. The applicant will dedicate right-of-way along US 70 Bypass as nc,;cssary to achieve this development's Y. of the ultimate width of I 00 feel (ifncct\ssary). 4. Detailed site plan and engitleering drawings will be submitted and approved by the Town staff prior to construction regarding, but not limited to: zoning, water, sewer, stoml\vater, and fire protection. S. Horne Owners Association documents must be revicwe-d and approved by town staff before occupancy pemlits are granted for any residential structure. 6. ^ zOl"liflh"'i*'Fffli.t-tlt.ltOOR~el.7Rstffi6.t-ie&-eHite-Assi-Gte6.-Ljving faciJ.i.IY-flH*"~ istated-t)8[ef&~eml.its'af&iSrilHted-f~ffi.d.enl:iu-J...st.mGture, 7, The community approved by this special use permit is intended to be exempt :fi'om the Fair Housing Act pursuant to Section 807(b}(2)(c). The developer shall include in the HOA documents covenants to assure complillnl''c with HUD regulations for elderly housing. 8. The perimeter walking trail will be collstructed predominately in the voluntary portion of the buffer with minor intrusions into the required buffer. The trail will be of asphalt and 6'-8' in width. 9. A meandt:.'Ting sidewalk, as approved by NeDOT, win be constructed to serve as a walking trail along the right of way for US 70 Bypass with end connections out to the existing road pavement and connections to the site circulation system, The surt~tce of this sidewalk win likely be concrete, but determined by NeDOT standards. 10. The applicant agrees to allow the adjacent parcel to the ....vest (PIN 9874-.39-3403) to connect to the mllrance road. I \. The required portiCII cHhe perimeter buffer and the Neuse Basin buffers shall remain intact without grading. Some tn\e removal may occur in the voluntary buffer, but it 68 June 12, 2006 Regular Board Meeting Page 69 of 70 Minutes Approved: September II, 2006 _...____,__'___ff___~.__,...__....__...._____.__._.__._____._.____........__........_....__........__....___.......___..___.......__..H_..__...__....;._._._.,--_._~.,,-_.__._.._----,._.. will he limited and the buffer win be supplemented with I1CW plantings if needled to mee,t the ordimmcc standard, 12. A range of services to allow residents to remain in independent dwelling units as dcl.ailed in Performance Standards and Supplemental Materials document dated 10/03/2002 is expected. to c.ontinue for the life of the project. 13. The applicant agrees to reserve Tract 3 for development of 50 units of HUD 202 housing tU1ti1 October J, 2005 and e<)Otribute $W,OOO toward the HUD 202 application fee. It is ,mticipated 50 units Cilll be placed on this parcel. Any portion of the 50 Il nits that is !lot made pan of the J:HJD 202 appJication wiJl be made available for other moderate to low-income housing programs including but not limited to the Orange Community Housing 'and Land Tmst. In the evcnt that the BUD 202 application has not rCl:eived fund.ing by October 1, 2005, the applicant may elect to pursue another foml of moderate to low-incorm: housing for Tract 3, 14. .T7wt portion (;if the plans dated October 3, ?003fi.u' the. Corbimon C'ommons Property and Project which depicted the "Carillon:' assisted living facility shall be revised to include a revised site plan replacing the "Carillon" assisted living facility with a "multiunit assisted housing with services" facility COllsistent with N. C. Gell. Stat. ,~. 131D-2a(7a) (lIerein(!(ier n:ferretl to as the "MANS Pacilizv'J A copy of the revised site plan is attached hereto, 15. The MAHS Facility will maluJ at least thejollowillg services available to its residents. Tlze persall or entity with whom applicant colltmct .for operation of the MAliS Facility (the "MANS Facility Operator") may, in its discretion, charge its residents additional costs for these services. The "menu" (including cost) fOr such sen1ices shall be kept up to date by the MAHS F'acili~y Operator, and shall be made available to all residents/applicants at Of' befhre the time that such residentlapplicl/ll/ enters ifllo written agreement for residenq at the iI/fAllS Facility. The services required to be made available to residents of the MAilS Facility are: (i) recreational activities; (iO housekeeping services; (iii) laundry services; (iv) local transportatioll services of shopping and local community activities; and (v) dietary/nutritional services with emphasis 011 serving the nutritional needs c1' residents with diabetes, high blood preSSure aJld other common, chronic health conditions. 16. The MAfIS Facility Operator shall prepare andfile with the Towll Clerk a "Resident Grievance Procedure.JBill ofR.ight.~" prior to issuance of a Certificate of Occupancy for the MAliS Facility, and all changes to sllch "Resident Grievance Procedure/Bill of Rights" shall likewise be flied with the T()'wlI Clerk; 17. The flJAHS Pacility Operator shall employ a filll time Program Coordinator, who shall be based on Ill(! site. The MANS Facility Opemtor or its Program Coordinator shall provide the Orange Coun~y Department L?f Aging Services periodically with up to date inp.wmatio/I concerning programming avaiFable to residents of the !vIAJiS Facility; ] 8. The MAE.'; Facility Operator shal/file with the 1'OWII Clerk wlnllally, Oil or before JiJly 1 of each year after a Certificate of Ocmpa/lcy .It?" the .MAH.':i Facility is issued, 69 June 12,2006 Regular Board Meeting Page 70 of 70 Minutes Approved: September 11,2006 Town of HtiDl[~ RESOLUTION tRES2006.06.12-12.L A RESOLUTION AUTHORIZING THE TOWN ATTORNEY TO PURSUE INJUNCTIVE RELIEF AGAINST LARRY KING CHEVROLET-BUICK WHEREAS, the Code Enforcement Officer for the Town of Hillsborough has observed on several occasions that the car dealership known as Larry King Chevrolet-Buick and located at 259 S. Churton Street in Hillsborough was in violation of Hillsborough Zoning Ordinance Sections 8.5.b and 8.5.e; WHEREAS, past enforcement efforts have not stopped Larry King Chevrolet-Buick from repeatedly violating Zoning Ordinance Sections 8.5.a and 8.S.e. WHEREAS, Hillsborough Zoning Ordinance Section 22.4 pennits the Town to seek injunctive relief to prevent violations of the Hillsborough Zoning Ordinance. THEREFORE, the Hillsborough Board of Commissioners hereby authorizes the Town Attorney to file a lawsuit and take whatever other lawful action is necessary to pennanently enjoin the owners of Larry King Chevrolet-Buick from violating Hillsborough Zoning Ordinance Sections 8.S.b and 8.5.e. This the 1 zth day of June, 2006. Ayes: $ Noes: -er'" Excused! Absent: -c::7 ~) #~/'" ,/ ",' '" ,....... ' . '11"').J!..,iJo'u:t........'-../. -v,J-:lo(....du..v6 <..-<. Donna F. Annbrister, Town Clerk 101 Eo"1 Omnge Sired . I~O. Box 42Y . Hiilsborough. North Carolina 27278 !JJY.7.:12../:J70' Fax 9JIJ.Ii4<f,2390 70 June 12,2006 Regular Board Meeting Page 71 of70 Minutes Approved: September 11,2006 ______..__.,.~.. ~,~.-"......_..._----...--.-----...--...----.~....----'-'--....-..........___.M.___.___.._____...._..._.___...,.._...........__._...._._.-.- 8.5 --7" ~ f) I) Yard or garage sale ~ announcing yard or garage sales, provided such signs do not exceed one (1) sign per zoning lot and four (4) square feet in area per display surface, and are removed within seven (7) days of erection. m) Temporary ~ announcing grand openings of new businesses only which may be a banner erected for 30 continuous days. n) A company's logo used on its building as an adon1ment shall not be considered part of their sign allotment. 0) Temporary political signs adve11ising candidates or issues, provided such ~ do not exceed nine (9) square feet in area per display surface. are mounted on stakes, and are not erected prior to thirty (30) days before the appropriate election, and are removed within seven (7) days after the election (in cases of run-off election, the political signs of the nm-off candidates may remain until seven (7) days after the run-off election). Political signs may be located within the public right-of-way and setbacks provided that they do not intrude on the sight preservation triangle nor shall any ggn be affixed, attached, or painted upon any utility pole, any tree, rock, or other natural objects. The Street Department and/or Planning Department is authorized to remove signs that are placed in illegal locations and/or are not removed as stated above. p) Banners or flags that are decorative or seasonal in nature or that are displayed in connection with the observancc of holidays or other special events, including Olympic banners or flags, not to exceed three (3) per lot located in any zoning district. This does not include special sale events of for-profit organizations. General Limitations a) Freestanding signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is virtually no danger that either the ggn or the supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property. All non-exempt signs shall comply with the consh-uction requirements of the North Carolina State Building Code. Trailer mounted signs do not meet these requirements. Temporary signs, both new and existing, other than those expressly allowed in this Ordinance, are prohibited. Portable signs are also prohibited. New off-premises ~ (~ that draw attention to or otherwise communicate information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the ggn is located) are prohibited. Existing off-premises ~ can remain if erected before August 19,1985. Devices consisting of flags other than those exempted by Section 8.4, banners, streamers, pennants, windblown propellers, balloons, strung light bulbs, rotating or other moving or apparently moving installations are prohibited. Banners of a community service, non-commercial nature may be installed at locations established by the Town Manager for a period not to exceed two (2) weeks, although extensions may be granted. The Zoning Officer has the authority to review applications for conformity to this section, issue banner permits to each applicant, and grant time extensions if necessary. Banners shall conform to written standards and safety guidelines as established by the Zoning Officer. b) c) d) e) 8-3 71