HomeMy Public PortalAbout09-11-2006 Regular Meeting
September 11, 2006 Regular Meeting
Approved: November 14, 2006
Page 1 of 42
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AGENDA
HILLSBOROUGH TOWN BOARD
September 11, 2006
7:30 PM, Town Barn
PRESENT: Mayor Tom Stevens, Commissioners Brian Lowen, Frances Dancy, Evelyn Lloyd, Michael
Gering, and L. Eric Hallman.
STAFF: Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Demetric
Potts, Police Chief Clarence Birkhead, Town Clerk/Personnel Officer Donna Armbrister, Planning
Director Margaret Hauth, Town Engineer/Utilities Director Kenny Keel, Finance Director Greg Siler,
and Town Attorney Bob Hornik.
7:31:40 PM Mayor Stevens called the meeting to order at approximately 7:31 p.m.
Mayor Stevens noted that today was September 11, and events five years ago today touched everyone.
He said when remembering that day, three things stood out: remembering the people who lost their lives
on that tragic day; remembering all the people who worked so hard and diligently to save lives and to
respond to the events that were unfolding; and that everyone was here in this room tonight because we
aspire to the best of our ability to be a government of the people and by the people and for the people,
and for that way of life that was so important to us all.
7:32:34 PM Mayor Stevens requested a moment of silence to remember the events of September 11,
2001.
1. PUBLIC CHARGE
7:33: 12 PM Mayor Stevens did not read the public charge, but indicated it would be followed.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA
7:33:23 PM There were no comments at this time.
3. AGENDA CHANGES & AGENDA APPROVAL
7:33:57 PM Commissioner Gering removed Item #lOk from the consent agenda, and added a short
discussion related to requesting the staff to conduct research and come back with proposals for nuisance
problems and drug abatement. He suggested that item be discussed after Item #11L. Mayor Stevens
commented it would be renumbered Item #11.L.b. He suggested discussing Item #lOK at the end of the
regular agenda. Commissioner Gering agreed.
7:35:03 PM Mayor Stevens noted that regarding Item #l1N, Habitat for Humanity was not yet ready
to make their presentation, so that item would be removed from tonight's agenda and rescheduled.
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Approved: November 14, 2006
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7:35:21 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board
moved to approve the agenda with the specified changes by a vote of 5-0. The motion was declared
passed.
4. PUBLIC HEARING
A. Continued Public Hearing from July 25th regarding partial closing of Webb Street
7:35:40 PM Planning Director Margaret Hauth noted that at the July 25 public hearing the Board had
received public comment about a request to partially close a portion of Webb Street that went beyond a
sharp curve in the road. She said she had requested at that time to continue the public hearing to allow
an improved ad to be placed in the newspaper. Ms. Hauth said unfortunately, the ad was not placed in
the newspaper properly and did not run for the full four weeks as requested, and therefore they could not
open the hearing tonight.
Ms. Hauth requested that the Board adopt the resolution provided that would reschedule the public
hearing to allow for full notice to the public. After a brief discussion, the Board agreed by consensus to
place this item on the October Workshop schedule.
Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to
approve the resolution, amended to insert the date of October 23 by a vote of 5-0. The motion was
declared passed.
5. APPOINTMENTS
A. Consider Re-appointment of Kate Faherty, Laura Oaks, Mariah McPherson, and Nan Dameron
to the Margaret Lane Cemetery Committee
7:37:41 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board
moved to approve the Re-appointment of Kate Faherty, Laura Oaks, Mariah McPherson, and Nan
Dameron to the Margaret lane Cemetery Committee by a vote of 5-0. The motion was declared passed.
B. Consider appointment of Max Preston to a second term on the Historic District Commission with
a term to expire July 31, 2009
7:38:23 PM Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board
moved to appoint Max Preston to a second term on the Historic District Commission with a term to
expire July 21,2009 by a vote of 5-0. The motion was declared passed.
6. COMMITTEE REPORTS
7:39:01 PM Commissioner Hallman noted he had provided an update on issues address at the last
Triangle Advisory Committee (TAC) meeting and with the NCDOT. He called attention to the contract
resurfacing schedule for Orange County, and the update on the Elizabeth Brady Road extension and the
Draft Environmental Impact Statement. Commissioner Hallman said one report said that Statement
would be released in a matter of days, and another said after the first of the year, so he would have to get
back to the Board with that.
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Commissioner Hallman said the Transportation Improvement Plan was just released, and that it would
be discussed at the TAC meeting later this week. He said he doubted there would be any significant
funding changes.
7:40:42 PM Commissioner Hallman said regarding the Parks and Recreation Board, that Stephanie
Trueblood was now their staff liaison and was doing a wonderful job. He said she had put the Board on
a tight schedule to produce a Parks and Recreation Master Plan by the first of the year. Commissioner
Hallman said they were preparing to get public input on Waters tone Park and its design, and this past
weekend the Board had walked the Waters tone Park area and the HY AA field. He said that Mayor
Stevens had arranged for someone to talk with the Board about how to develop greenways, which they
hoped to schedule for October.
7:42:09 PM Commissioner Hallman said regarding the Economic Development Commission, he had
obtained information from the green studies. He said that within five miles of downtown Hillsborough
the population of 18,444, and within ten miles, which put us on the edges of Carrboro and Chapel Hill,
the population was 121,000.
7:42:55 PM Commissioner Hallman said regarding the Strategic Growth Plan, they had held their last
meeting and were pleased with their progress. He said at the last meeting they had received a report
from Ms. Hauth and Roger Waldon based on the surveys conducted at Hog Day and at Last Friday
events about what people inside and outside the Town saw as issues regarding growth and development.
Commissioner Hallman said that would soon be placed on the website. He said they now had real data
on the implications of growth and what the outcomes would be based on particular scenarios.
7:44:27 PM Mayor Stevens said regarding the Economic Development Commission, he had also
talked with County's Economic Development office to gather some reports and research about what
could be done about incubator space, since we were concerned about the loss of some small shop areas
in the Daniel Boone complex as well as others around Town. He said he had also asked for information
regarding affordable housing and helping businesses with affordable sites.
7:45:04 PM Commissioner Hallman said the Orange County Partnership to end Homelessness had
met last month and received information from the focus groups who had talked with officials from
schools, churches, governments and others. He said that information had been compiled and they were
coming back with recommendations for goals and strategies. Commissioner Hallman said there was still
much work to be done, so they may not reach their goal of completing this within a year.
7:45:57 PM Commissioner Hallman said in regards to Parks and Recreation environmental concerns,
there was a fish kill reported on the Eno over the weekend, with 20+ fish found dead. He encouraged
anyone who had witnessed something odd or out of place in that area to report it to the Town staff so
that they could have DENR follow up on that.
7:46:48 PM Commissioner Lowen said the US 70/Cornelius Street Committee met and had focused
on things that could be done in the short -term, with one suggestion being to increase lighting along US
70. He said he had spoken to the Town Manager and he suggested that this come before the Board.
Commissioner Lowen said he would like to hear ideas from the Board regarding that.
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Commissioner Lowen said they were also looking at the large grassy area next to the fish market, and
possibly working with the State to provide some plantings in that area. He said since that was an
entranceway into Town that would be an attractive way to enhance the area at a small cost.
7:48:19 PM Commissioner Lowen said the Solid Waste Management Committee would meet later
this week, and that he, Commissioner Lloyd and the Town Manager would meet with the Fire
Department tomorrow.
7. REPORT FROM THE TOWN MANAGER
7:48:46 PM Town Manager Eric Peterson said as part of the joint committee with the Fire
Department, tomorrow night they would have their first meeting to investigate the possibility of a long-
term partnership and the feasibility of that, as well as looking at different alternatives. He said they
would also be scheduling a bi-annual meeting with the Fire Department within the next two months,
possibly in mid to late October.
8. REPORT FROM THE TOWN ENGINEER
7:49:36 PM Town Engineer/Utilities Director Kenny Keel said work was moving forward on the
wastewater treatment plant expansionlDurham pump station alternative study. He said he expected to
have a draft report by the end of this month and would share that with the Board at its next meeting. Mr.
Keel said the fish kill was caused by a sewage spill on Friday evening near the railroad tracks at
Exchange Club Park. He said about 8,000 gallons had been spilled, due to roots growing into the sewer
line as well as grease that had clogged the line, as well as some erosion near the creek that had caused
problems with the pipe. Mr. Keel said repairs had been completed, and noted they had attempted to
pump some of the spill back into the sewer and had not been aware that the fish kill had taken place. He
said they had attempted to alleviate that by increasing the flow into the Eno over the weekend to assist in
dilution. Mr. Keel said they were required by the State to provide them with a written report within five
days, and that would be done this week.
Mr. Keel stated that they had been compliant with their discharge limits during the third quarter, noting
their average was down to .072 and the limit was .080. He said they were continuing to make progress
in that area.
7:52:56 PM Commissioner Gering asked if we used the same treatment process that Durham was
currently reviewing for their lake contamination problems. Mr. Keel responded we used different
chemicals than Durham was using when they were experiencing that problem, and was not sure if they
had switched chemicals to get a better hold on that problems.
Commissioner Gering asked if we conducted testing. Mr. Keel responded that we were required to
conduct testing every three years, but we were planning to conduct some additional testing since it had
been a year or more since the last round of testing. He said in previous testing we had not had an issue
with it.
7:53:38 PM Commissioner Hallman asked if the spills at Elizabeth Brady were pump sizing problems
or ionide problems, or something else. Mr. Keel said the Neuse River spill on Friday night had taken
precedent over that, but the last time he had reported to the Board they had experienced only one spill,
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then they had four in one night due to an intense rainfall on July 14th that had overwhelmed a few of the
pump stations. He said the total amount spilled was just over 2,000 gallons.
9. REPORT FORM THE PLANNING DIRECTOR
7:54:39 PM Margaret Hauth noted that the usual updates were provided in the Board's packet. She
said that the Old 86 Commons project was not included on the agenda for this evening due to the
applicant's unavailability, so that item will be scheduled for the October meeting. She said they were
moving forward with the text amendments relating to Prevention of Demolition by Neglect, changing
the site plan review process, and freestanding sign requirements. Ms. Hauth said she hoped to have all
of those ready for the October hearing.
Ms. Hauth said the Town Attorney had been in contact with the previous contractor with Heritage
Townhomes and was pursuing all legal options. She said thus far the person of interest was denying
responsibility to act. Ms. Hauth said regarding Riverwalk, she and the acquisition agent were pleased
with their progress, and more about this would be covered during the Closed Session.
7:56: 14 PM Commissioner Gering said regarding the noise abatements, had that been delayed. Ms.
Hauth responded yes, that the Planning Board felt strongly that Piedmont Minerals needed to be
involved in those discussions. She said with other things taking precedent, this had been delayed. Ms.
Hauth said they were trying to take a more holistic approach and add a little more specificity to some of
the language. She said that would consist of both zoning ordinance and Town Code amendments when
it came before the Board.
7:57:03 PM Town Attorney Bob Hornik said regarding Heritage Townhomes, when working with the
Homeowners Association they had obtained more information about who owned what. He said it
appeared that one of the principles of the company that developed the apartments now owned several of
the garage units, but did not own any residential units on the property. Mr. Hornik said it also appeared
that the LLC that was formed by one of the developers of the property had not been dissolved, although
he never conveyed out the common property. He said the common property, being the apartment
complex, was still owned by a dissolved LLC. Mr. Hornik said they were trying to unravel that to see if
it perhaps provided them with some leverage to discuss with that principle again his legal responsibility
or other obligation to make good on what he should have done in the first place.
Mr. Hornik said the Homeowners Association wanted the Town to pursue this if litigation became
necessary, and he was attempting to work it out so that litigation could be avoided. He said he would
have a more detailed progress report at the Board's next meeting, and decide on a course of action, if
any, for the Town to take.
7:58:47 PM Commissioner Hallman asked if applications had been received for the open seat on the
Planning Board. Ms. Hauth responded the application process had closed in mid-August, and they had
received approximately 15 applications. She said the pool had been narrowed and two candidates had
been selected for interviews, though no dates had been scheduled as yet. Ms. Hauth said she hoped that
process would be completed in October.
7:59:38 PM Commissioner Hallman said he knew there had been some discussion with the Planning
Board in regards to shifting some meeting times, and asked where they were with that. Ms. Hauth said
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she would bring that to the Board at the October meeting. She said having Planning Board minutes
available for this Board was helpful, and they were attempting to sequence events so that information
would have a better flow.
10. ITEMS FOR DECISION - CONSENT AGENDA
A. Consider approval of the Minutes June 12, 2006 Regular Meeting; the June 26, 2006 Monthly
Workshop; the July 10,2006 Regular Meeting; the July 10,2006 Closed Session; the July 25,
2006 Joint Public Hearing; and the July 25,2006 Joint Public Hearing Closed Session
B Consider approval of Position Description for Assistant Utilities Director and amendment of the
Town's Job Classification Listing
C. Consider adoption of memorandum of Understanding with the Brough Law Firm for Attorney
Services in Fiscal Year 2006-2007
D. Consider approval of Local Governmental Resolution to the NC Governor's Highway Safety
Program appropriating $15,000 toward the project
E. Consider approval of Resolution endorsing the Mountains to Sea Trail Route
F. Consideration of request to extend the vested rights period for the Waters tone Master Plan
G. Consider approval of the Public Works Department Standard Operating Guidelines
H. Consider approval of Miscellaneous Budget Amendments
I. Consider authorizing Orange County to collect the 2006 city taxes on behalf of the Town of
Hillsborough.
J. Direct Staff to Investigate Additional Lighting Along Highway 70
K. Removed
8:00:44 PM Mayor Stevens reminded the Board that Item #K was removed, to be addressed after
consideration of the Consent Agenda.
8:00:53 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board
moved to adopt the Consent Agenda with Item #K removed.
8:01: 13 PM Mr. Peterson noted that Item #G regarding the Public Works Standard Operating
Guidelines contained an appendix with some fee schedules being requested, and he was pulling the fee
schedule off to be considered with the budget.
8:01:33 PM Mayor Stevens said regarding Item #E, he wanted to acknowledge the forward progress
with the Mountains to the Sea Trail Route. Commissioner Hallman stated we were not the first
municipality in this central Piedmont section to approve, but we were likely the second or third.
8:02:02 PM By a vote of 5-0, the motion was declared passed.
K. Consider Approving an Agreement with Raftelis Financial Consultants, Inc. to perform an
Economic Evaluation of Proposed Wholesale Water Rates from City of Durham
8:02: 11 PM Commissioner Gering stated that under Task 2 was a list of issues that Raftelis proposed
to help us outline and understand. He said one of his concerns with this study for Durham supplying
water and sewer services to Hillsborough was understanding better what were the fallback positions for
the commitment points that we might have to consider. Commissioner Gering said if at some point we
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decide that this arrangement did not work for us, could be go back and how much would that cost us,
and was there a point at which we could not go back.
8:03:09 PM Mr. Peterson said if we go through the study and the Board decided to proceed, there
would be capital costs associated with it for us and for Durham. He said those costs would have to be
folded into the rates, so after we make those types of capital commitments it would not be financially
feasible to move backwards.
8:03:52 PM Commissioner Gering asked was there another point at which it would not be possible for
us to go back in terms of the Hillsborough expense beyond the capacity of our ability to entreat our own
customers. He said from an engineering and financial point of view, he would like those points to be
identified and address. Mr. Peterson said they would address those issues and bring that back to the
Board.
8:04:34 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board
moved to approve the proposal as amended by a vote of 5-0. The motion was declared passed.
11. ITEMS FOR DECISION - REGULAR AGENDA
A. Discuss and Consider Request from the Piedmont Electrical Membership Corporation to
approve a Resolution Granting Piedmont the Right to Serve their Assigned Territory that has
been annexed into the Town's Corporate Limits
8:05:43 PM Randy Brecheisen, President and Chief Executive Officer of Piedmont Electric
Membership Corporation, requested the Board's approval of a resolution that would allow them to serve
their assigned territory, which had been assigned to Piedmont since 1965. He stated that the Town had
the authority to approve the resolution based upon an amendment made to territorial law in 1997 that
gave the Town the choice of electric suppliers within the Town limits.
Mr. Brecheisen said in support of the request, he wanted to make three points. First, he said, it took
several years of negotiation between Duke Power Company and Piedmont Electric Cooperative back in
the mid-1960's to arrive at the territory agreements currently in place. He stated these agreements were
designed to divide the territory in a way that allowed for the most efficiency delivery of power in the
most economic way. Mr. Brecheisen said this agreement had worked well in eliminating duplication in
electrical facilities and from the standpoint of orderly planning.
Mr. Brecheisen said his second point was as a result of the territory assignments, they had maintained
service readiness throughout their service territory. He said they had made expensive investments to be
able to serve those areas. Mr. Brecheisen said in the specific instance of the Waterstone project, we had
recently invested in a substation at the corner of NC 86 and New Hope Church Road. He said they had
also made significant improvements to the 3-phase feeder that ran up NC 86 in anticipation of the
Waterstone project and other growth in that area, and that growth would assist in distributing their cost
more efficiently.
Mr. Brecheisen said his third point was that Piedmont had a very good reputation as it related to service
reliability, noting they were good community citizens and were involved with the Town.
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8:10:45 PM Mr. Hornik asked about the map provided with the Board's materials. He said he wanted
to make sure what that map represented and what the different shaded areas indicated. Mr. Brecheisen
said the different shaded areas represented the different service areas. Mr. Hornik asked how the service
areas were arrived at. Mr. Brecheisen said the pink areas were Piedmont's assigned territory, reiterating
that those areas had been negotiated with Duke Power back in the 1960's and approved by the NC
Utilities Commission. He displayed one of the territory maps filed with the Utilities Commission and
explained its contents.
8: 13:33 PM Mike Parker, General Counsel for Piedmont Electric, added that those territorial rules
remained in place until an annexation took place, and when that happened the rules changed.
8:13:43 PM Mr. Hornik asked if that was by operation of law. Mr. Parker responded that the statute
provided that once an area was annexed then the primary supplier had the right to service it unless the
Town Board considered a secondary supplier, which is what Piedmont is.
8: 13:58 PM Mr. Brecheisen said that was the amendment made to the territory law in 1997 that he
referred to earlier. Mr. Parker said both the Town and the primary had to consent, and generally the
primary would not want to consent to allowing the secondary to provide the service. He said the statute
had controlled that so that the Town controlled that, not the primary supplier.
8: 14:02 PM Mr. Parker said as he understood it, prior to annexation Piedmont was the primary in the
green area of the map, and Duke Energy was the primary in the pink area. But, he said, once the
annexation became effective then that portion of the green area that is in the annexation area became
pink, so to speak. Mr. Parker added that became automatic unless the Town chose to do otherwise.
8: 14:20 PM Mr. Hornik said the question before the Board was essentially to choose between the two
providers.
8:14:38 PM Mayor Stevens said he wanted to make sure from the Board's perspective that they acted
in a fair and equitable way for both parties.
8: 15:04 PM Mr. Hornik said that was one of the questions he had regarding the resolution, noting he
wanted to make sure that when we referred to the annexed areas that we were talking specifically about
the Waterstone annexation area. Mr. Brecheisen said that was their intent.
8: 16:48 PM Susan Cashion, Key Accounts Manager for Piedmont Electric, stated it was for future
annexations that were currently in Piedmont's assigned territory, not to gain new annexations that were
not already assigned to them.
8: 17:05 PM Commissioner Lowen said if that was in fact what was being requested, then he wanted
that language in the resolution. He agreed that the language as it stood now was too vague. Mr.
Brecheisen said the resolution would not give Piedmont service rights in any of the Duke assigned
territory. He said it would simply allow Piedmont to retain the service rights in areas that they had been
assigned.
8: 17:32 PM Commissioner Gering suggested that this item be deferred to allow time for staff to
conduct an analysis and also to allow scheduling so that Duke representatives could be present at the
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same time to be fair to both parties. Mr. Brecheisen noted that Duke Energy representatives were
present tonight. Commissioner Gering asked if the staff had been given enough time to analyze this
issue. Mr. Peterson replied they had analyzed the issue but were not yet ready to make a
recommendation.
8:18:03 PM Mayor Stevens asked if hear from the Duke Energy representative.
8:18:12 PM Davis Montgomery, Customer Relations Manager for Duke Energy, clarified that in the
resolution Piedmont was asking for the right to serve those areas that were previously assigned to them
prior to annexation. He said in the case of Waterstone it would not be the entire project, but the portion
that fell within Piedmont's previously assigned territory. Mr. Montgomery noted that Mike Lopez,
Manager of Business Development, was also present to answer questions.
Mr. Montgomery reiterated the conditions of the Territorial Assignment Act and how it removed
confusion on who served what, when, and where. He said just as the Act prevented duplication of
services, they believed that the franchise did as well. Mr. Montgomery said the franchise with the Town
allowed the Town to know who would be providing service to its citizens, and allowed the providers of
that service to invest in infrastructure to serve those citizens.
8:20:21 PM Mr. Montgomery explained how the location of infrastructure dictated who would be
served, noting that if infrastructure were in place, the company who owned that infrastructure had the
right to provide service to anyone within 300 feet of it. Regarding the resolution, he asked that the
Commissioners considering delaying action to allow for future study. Mr. Montgomery said that the
word "exclusive" was used in the resolution, and that was problematic for Duke Energy. Mr.
Montgomery said that language indicated that the resolution would overrule the Territorial Assignment
Act. He requested that the word "exclusive' be removed from the resolution.
Mr. Montgomery said there was no expiration date on the resolution as there was on the franchise,
noting that once the franchise neared it expiration the Town could begin a dialogue for renewal. He said
they believed the resolution should have an expiration along those same lines.
Mr. Montgomery noted that Duke Energy had a very good working relationship with Piedmont, adding
that even though Duke Energy should provide service to customers, many times if Piedmont had
infrastructure in place that was closer than theirs, then they allowed Piedmont to provide the service
because it made sense. He said that had been done several times.
8:24:21 PM Commissioner Gering said they had heard arguments as to why it was beneficial for the
power companies, but wanted to know what was the benefits for Hillsborough customers to stay with the
existing supplier or go with the alternative. Mr. Montgomery said the benefit would be the ability to
look at the rates and service and choose what was best for the customer.
8:25:21 PM Commissioner Gering asked if the two providers were on an equal footing. Mr.
Montgomery said he believed that currently, Duke Energy might have about a 20-kilowatt hour
advantage. He pointed out that Piedmont Electric was a very good customer of theirs, noting they sold
power to them at a wholesale rate.
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8:25:55 PM Mr. Hornik asked when the current territorial agreement was reached. Mr. Montgomery
said in 1965 after several years of negotiation.
8:26:13 PM Commissioner Hallman said he understood about the rights to provide service within 300
feet of existing infrastructure to cover their costs, but if you priced that infrastructure out with the
expectation of recovering that cost from the customers of the entire area, then you were not allowing
them to recover the cost of that infrastructure beyond the 300 feet. Mr. Montgomery said like Piedmont,
they did a five-year service analysis to make the best estimate possible. He said he did not know if
Waters tone was contemplated five years ago or if it was a part of the consideration for infrastructure
investment.
Mr. Montgomery said the area was annexed in 2004, which was another point about the resolution. He
said that if the Board were to consider the resolution, they would say that because it was annexed in
2004, that it not be retroactive at the very least. Mr. Montgomery said it should go forward as opposed
to looking backward.
8:27:30 PM Commissioner Lloyd said as it now stood, would all of Waters tone be served by which
every provider was chosen by the Board. Mr. Montgomery said if the Board adopted the resolution,
Piedmont would have the right to serve that portion noted in green on the map.
8:28: 16 PM Commissioner Lloyd asked if Piedmont would serve the Beckett's Ridge development.
Mr. Montgomery said that was correct. Commissioner Lloyd asked if Duke Energy was okay with
Piedmont providing service to Waters tone. Mr. Montgomery said they were not. He said their position
was that the franchise was an excellent agreement in that it let the Town clearly know who would be
provided service to its citizens. Mr. Montgomery said the resolution would add a third layer, on top of
the Territorial Assignment Act and the franchise, which they believed was not needed.
Mr. Montgomery said the resolution contained several problems for them. He said he had already
discussed the use of the word "exclusive" and that it did not contain an expiration date. Mr.
Montgomery stated that things worked well as they now stood, and they would always use common
sense to figure out whom the most likely provider should be based on what made the most sense. To be
clear, the franchise was the very best agreement, and it should stand as it is with no modifications. Mr.
Montgomery said that franchise would not expire until 2035, at which time the Town would have the
opportunity to renegotiate. He said their recommendation would be to keep it simple.
8:31 :09 PM Mr. Peterson asked what would that mean in regards to the dispute or the question of
service to Waterstone and Durham Tech, and asked for elaboration on his understanding that regardless
of what decision the Board made that either Piedmont or Duke Energy would appeal the decision to the
Utilities Commission. He said there were some cases current under consideration that could set
precedents and ultimately override what the Board decided. Mr. Montgomery noted that the Durham
Tech site was currently in their assigned service quadrant and they had already built the infrastructure
into that area. Mike Lopez said the decision on whether or not to adopt the resolution was the Board's
decision and there was no appealing that by law. He said it was the "exclusive' piece of it that was
problematic.
8:32:32 PM Mr. Hornik asked for elaboration of the perceived problem with the work "exclusive."
Mr. Lopez noted that franchises were not exclusive, adding that it was unconstitutional. Mr. Hornik
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asked if in the abstract could the Town grant a franchise to Piedmont Electric that covered the same
territory as Duke Energy. Mr. Brecheisen replied that was not possible because of the qualifications that
franchise would require.
Mr. Hornik said if the resolution were adopted then would Piedmont become the primary server, with
Duke Energy the secondary. Mr. Lopez said they would not be primary, but would be the "exclusive"
provider.
8:34:38 PM Mr. Montgomery said he believed that Piedmont and Duke Energy shared the concern
that with any dispute of service rights, the customer was of primary concern.
8:34:56 PM Mr. Brecheisen clarified that they did not have a dispute, noting that the law was very
clear about what they could do. He said the issue was that with the modification to territorial law , the
Town did have the choice to approve the resolution that would allow them to serve the territory that
previously was assigned to them. Mr. Brecheisen said any challenge to that, there was no process other
than the Board's decision, which would be final.
8:35:37 PM Mayor Stevens stated that Duke Energy had a franchise agreement, and Piedmont had
assigned territory and the Board could choose either one. He said both companies were servicing their
customers adequately although there might be some price differential or crossover of services in a
particular area.
8:35:59 PM Mr. Brecheisen said that Duke and Piedmont worked together well, and even if the Town
were to grant their resolution which would grant them their assigned territory, that would still not affect
the need for the two entities to work together.
8:36:58 PM Mr. Montgomery agreed, noting it would be mayhem for the two not to work well
together.
8:37: 15 PM Mr. Hornik asked if the Town could say that because one area in Waterstone was all part
of the same pod it would be served by Duke Energy, and if there was a break in the development pod
that roughly coincided with the line on the map, could the Board say that part would be Piedmont. And,
he continued, if there were other areas in question would the Board decided who would provide the
service to that area. Mr. Hornik said in other words, could the Board make that delineation when
adopting the resolution.
8:37:58 PM Mr. Montgomery said he did not know if passage of the resolution would supercede the
Territorial Assignment Act.
8:38:18 PM Mr. Brecheisen said he believed that with the modifications of the law, the law would
give the Board the flexibility to designate anything beyond giving Duke Energy the franchise or primary
supplier in Piedmont's assigned territory.
8:38:37 PM Mr. Hornik asked what would happen if the Board did nothing. Mr. Brecheisen said then
it would revert back to territorial law, which basically said that Duke Energy would be the primary
supplier and Piedmont's lines would be frozen, in that they would have the ability to serve only within
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that 300 foot corridor mentioned earlier. He noted that it was possible to erode that 300-foot corridor, in
that Duke could build a line within 300 feet of Piedmont's line.
8:39:26 PM Mr. Brecheisen said that the statute used the word "consent," which he believed meant
that if the Board consented now, that it could withdraw that consent at some point. He said if that were
to happen, they would still have those corridor lines in place and they would have the same rights along
that corridor.
8:40:00 PM Commissioner Hallman said he did not believe the Board was ready to vote on this
tonight, and suggested that if the Board had additional questions that they be given to the Manager or the
Attorney so that both parties could address them. He said there were some legal issues that might be
open to interpretation that needed to be better explained.
8:40:25 PM Commissioner Gering said he believed the staff needed to digest the information and
come back with an analysis.
8:40:58 PM The Board agreed by consensus to table the issue until the staff had adequate time to
analyze the information and report back to the Board.
B. Update and Discuss Enforcement Action at 106 US 70 East (The Crocker Property)
8:41:04 PM Ms. Hauth explained they were proceeding with Minimum Housing Code enforcement
against this property, which the Board had given high priority. She said the owners were making efforts
to clean up the property, but their primary concerns remained about the structure being inhabited without
electrical or water service. Ms. Hauth said that Ms. Mansfield had been responsive and had allowed
them access to the property to conduct inspections. She said the primary issue was an internal family
issue, and communication amongst the variety of heirs made the situation difficult, although Ms.
Mansfield was their contact and was responsible for the taxes on the property.
8:43:07 PM Commissioner Hallman said he believed this was a public health issue, and perhaps
public health could help in moving this along. Ms. Hauth said they could do that, noting they would
probably have to take the same action as the Board would take in forcibly condemning the property and
asking law enforcement to escort people from the property, and making sure they stay off the property.
Ms. Hauth said they were also attempting to discover if it were possible to use the structure as a practice
fire to assist the family with the cost of removal of the structure.
8:43:45 PM Commissioner Gering said since we knew this was a health issue he did not believe we
could be anything but move expeditiously. Ms. Hauth said they stood ready to do that. She said she had
expected Martha Johnson, one of the heirs, to be present this evening to discuss concerns, but she had
not appeared. Ms. Hauth said she would contact Ms. Johnson to see if she wanted to address the Board.
8:44: 14 PM Mr. Hornik said there were some "tricky" ownership estate issues, and we might have to
start dealing with those as well as any legal processes necessary. He said we also needed to determine
whom the correct person or people were to serve with notice. Mr. Hornik said that although Ms.
Mansfield had given the Town authority to do some things, he believed there were other family
members who had taken the position that Ms. Mansfield did not have their permission to given the Town
authority to do other things. He said as we move forward, we may encounter difficulties in that regard.
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Mr. Hornik said they would attempt to get clear authority from the owners, but if not they would be
prepared to move ahead.
8:45:19 PM Commissioner Lloyd asked if the Board would give Ms. Johnson the chance to appear
before the Board. She said she had spoken to Ms. Johnson and there were more heirs involved.
Commissioner Lloyd said that cold weather was approaching, and these issues needed to be addressed.
Ms. Hauth said she would contact Ms. Johnson. Commissioner Lloyd suggested sending Ms. Johnson a
certified letter to make sure she was notified of when this would be back on the Board's agenda. Ms.
Hauth said she would call Ms. Johnson, noting she was not hard to reach.
8:46:41 PM Mayor Stevens said the health issue was priority, with the clean-up being secondary. He
said the Town would cooperate with Social Services and Public Health to get these issues resolved.
C. Consideration of rezoning request from Mr. Dwight Walters regarding 1.67 acres on St.Mary's
Road from Residential-20 to General Commercial (TMBL 4.21.C.7)
8:46:56 PM Ms. Hauth said this item was heard during the July 25 public hearing, noting that a valid
protest petition had been filed which meant that approval of the rezoning had to carry at least 4 positive
votes. She said the packet of information included the statement needed for compliance with the new
General Statute 160A-383, stating how this request did or did not match the Vision 2010 Plan or other
plans for the Town. Ms. Hauth noted that the Planning Board minutes were included for the Board's
information. She added that gravity sewer was not readily available to the site, although there was a
force main nearby but that was not normally tapped. Ms. Hauth said having a gravity main readily
available to the site was one of the criteria for General Commercial zoning.
8:48:27 PM Mr. Hornik reminded the Board that this was an application for rezoning to General
Commercial, so when the Board considered this request it had to consider that the law required that the
Board must consider whether the property was suitable for the full range of uses that were permitted as
of right in the zoning district to which the property sought to be rezoned. He said if the Board
concluded that the property was not suitable for each and everyone of those uses, then the Board ought
to deny the request for rezoning. Mr. Hornik said only if the Board was satisfied that each and every
one of those uses on this particular site would be acceptable, then they should grant the rezoning.
8:49:36 PM Ms. Hauth noted that the Planning Board had voted to recommend denial of this rezoning
request, by a 5-1 vote.
8:50:01 PM Commissioner Gering said he found the Planning Board discussion enlightening, and it
was clear to him that rezoning would be a clear benefit to the property owner but much to the detriment
of the neighbors. He said it was not at all clear to him that it would be a benefit to the Town.
Commissioner Gering said the notion that the property was adjacent to some district such as a
commercial district and that gave it some greater impetus to be rezoned was ridiculous. Commissioner
Gering said one thing that bothered about this type of application was that much discussion had taken
place but not specific use of the property had been given. He said he could not support the application
8:51:10 PM Commissioner Hallman said he had also benefited from the Planning Board's discussion,
noting that there appeared to be a clear delineation between the residential and commercial property. He
said this property was on the residential side of that clear delineation. Commissioner Hallman said he
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believed that residential boundary was established, and he would not support the request for the
rezomng.
8:52:00 PM Commissioner Dancy said she wanted to make sure that the Board tested the
requirements of the ordinance to make sure that they were making the best decision based on General
Statute 160A-383 and the full range of uses as noted in the zoning ordinance. She said if the Board
denied the request she wanted to make sure it was entirely legal based on the general criteria for
rezoning from Residential to General Commercial.
8:53:22 PM Commissioner Gering said he believed the Board should go through the list of uses and
make sure that everyone of those uses were or were not appropriate for that property.
8:53:45 PM Commissioner Dancy agreed, noting she wanted to make absolutely sure that the Board
followed the appropriate procedure
8:53:55 PM Mr. Hornik replied that if the Board were to approve the rezoning, it would have to go
through the list and state that each and everyone of the uses were appropriate for the site. However, that
did not mean that the Board would then have to grant the rezoning, because there may be other reasons
for denial. For example, Mr. Hornik said, traffic patterns around the site may not be suitable, or any
number of other reasons.
8:54:47 PM Mayor Stevens said the compelling part was that the adjacent property owner had similar
zoning, and he understood that argument. But for him, he said, we were talking about extending
commercial zoning into a residential area on St. Mary's Road, which would change the nature of that
road.
8:55:30 PM Mr. Hornik said no matter what, the Board had to adopt the draft 160A-383 statement,
with any necessary modifications. He said the statement in the packet had three reasons included, but
there may be additional reasons to be considered.
8:56:22 PM Mayor Stevens asked if a super majority vote was needed. Mr. Hornik responded a super
majority vote was not needed to adopt the statement, noting that was only necessary to approve the
rezomng.
8:57:01 PM Ms. Hauth clarified the second paragraph of the 160A-383 statement, based on the
assumption that the rezoning would be denied. She said in the first line the Board would want to choose
the word "inconsistent."
8:57:36 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the
Board moved to adopt the 160A-383 statement with the word "inconsistent" included in the description
by a vote of 5-0. The motion was declared passed.
8:58:58 PM Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board
moved to deny the rezoning by a vote of 5-0. The motion was declared passed.
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D. Provide direction to staff regarding two annexation requests:
· Corbinton Commons - receive petition and set hearing date
8:59:29 PM Ms. Hauth said as part of the settlement agreement we had a petition for a non-contiguous
property from the McKee Trust which was the owner of the property that would be Corbinton
Commons. She said the Board had requested this as part of the settlement and the staff was requesting
direction regarding whether the financial analysis should be updated and whether the Board was ready to
schedule a public hearing for that annexation. Ms. Hauth said this was 12.25 acres on East Corbin Street
and it was contiguous to the property. She said the property owner did not intend to rezone the property
so it would be just an annexation hearing at this point. Ms. Hauth said the next step in that process
would be to request the financial analysis if the Board were interested in pursing annexation. She said
the Board needed to decide whether to schedule this for a quarterly hearing where there was not a
rezoning component or whether they wanted to schedule it for a regular Board meeting and when.
9:01:28 PM Commissioner Lowen said this was a unique situation, and he did not expect that it would
be a drawn out process and he did not expect to see any new information. He suggested that it be
scheduled for the Board's October regular meeting.
9:02: 10 PM By consensus, the Board agreed to place this issue on the October Regular Meeting
agenda.
9:02:34 PM Commissioner Hallman asked if this property was currently served by water and sewer.
Ms. Hauth responded yes to water. She stated that the dark area on the map was the existing Town
limits, so it was contiguous on the entire east side and on the southern boundary on Corbin Street.
. Edmund Purcell - receive letter of interest
9:03: 18 PM Jim Parker, Summit Consulting, stated he was available to answer questions. He said the
intent was to access Corbin Street at the Mitchell Street intersection. Mr. Parker said the annexation was
for the purpose of accessing city services.
9:03:46 PM Commissioner Gering said he was not sure what that meant. Mr. Parker said currently
there was water available to the site, but not sewer. Commissioner Gering asked if the Town was
obligated at this time to supply this site with sewer. Mr. Parker said no.
9:04:22 PM Mr. Keel said if the annexation moved forward for a vote, a water and sewer extension
contract would be drawn up and available for vote at the same time.
9:04:34 PM Mr. Hornik said current policy was that before annexation we wanted to have an
agreement in place, so that the Town would not foot the bill for extending services into the annexation
area. He said ordinarily it was the developer would pay the cost and performed the work, then the
developer would conveyor dedicate those facilities to the Town.
9:05:00 PM Commissioner Hallman said were they to understand that if they did the annexation and
then a subdivision plan came back, it would necessarily have to come before the Board. Ms. Hauth said
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if they pursued a regular subdivision they would see it at the preliminary plan stage. She said if they
pursued a cluster subdivision they would see it as a Special Use Permit, so the Board would see it
regardless.
9:05:30 PM Commissioner Hallman said he would prefer to see the subdivision plan and the
annexation at the same time.
9:05:52 PM Commissioner Lloyd said if the property were annexed, she may not to see whatever was
planned at that site. She said she was hesitant to vote in favor of the annexation without knowing what
was planned for the site.
9:06: 12 PM Commissioner Gering said that was very much how he felt, noting that since they had the
discretion they should require more detail. He said he was worried that there was a possibility that it
would employ a cluster subdivision ordinance which he believed was badly broken, and he did not to
contemplate that possibility until they had a chance to redress the "broken" ordinance.
9:06:52 PM Mayor Stevens said he was hearing a general consensus that the Board wanted to see
what was planned for the site before they considered the annexation.
9:07:06 PM Ms. Hauth asked if there was enough interest in the annexation to request the financial
analysis, or did the Board want to wait until the developer submitted a preliminary plan.
9:07:28 PM Commissioner Lowen asked if an effective analysis could be prepared if you didn't know
what would be done with the property. Ms. Hauth said the financial analysis would be based on
whatever they told us, which would indicate which process they would use.
9:07:42 PM Commissioner Gering said he believed it was premature to request a financial analysis.
He asked if the Strategic Growth Plan would provide necessary input, and should the Board wait for that
to be completed. Ms. Hauth replied that given the location of this property, she did not see anything
other than residential uses being recommended in the Strategic Growth Plan, noting the presence of the
cemetery and that the primary access was a residential street.
9:08:50 PM Commissioner Gering asked if the growth scenarios in the Strategic Growth Plan suggest
that we would avoid development in another area rather than committing water resources to this lot. He
said that was a tradeoff that the Board would be making more and more in the future. Ms. Hauth said
with this lot being contiguous with the existing Town limits she did not questioning pursuing this. She
said she did not know how realistic it would be to have this property zoned or developed commercially.
9:09:40 PM Commissioner Hallman agreed, noting he understood the reason for distributing
residential usage throughout the Town. He said this property was contiguous and he had not problem
with the usage, but he wanted to exercise whatever control was possible over what happened here.
9: 10: 13 PM Mayor Stevens said they were looking forward to receiving further plans from the
developer and proceeding to the next step. The Board agreed by consensus to move forward and receive
additional information.
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E. Receive letter of interest for annexation of the Collins property and discuss public involvement
process
9: 10:47 PM Ms. Hauth commented that the Town had received a letter of interest in annexation from
Joseph Dye, Executive Vice President of the American Asset Corporation for the Collins property,
which was approximately 146 acres adjacent to the existing Town limits. She said the applicant was
interested in pursuing Entranceway Special Use zoning and submitting a master plan for the property for
both this and the Boone property.
Ms. Hauth said the Board had previously talked about holding a public design cherrette for this property
prior to being contacted by American Asset. She said she had talked briefly with Mr. Dye about that
and he had indicated interest in pursuing public input on the process. But, she said, rather than starting
with a blank page they would like to have some preliminary sketch drawings to ensure that the
discussion was on things that were feasible in the market as well as things that they had an interest in
developing. Ms. Hauth said that was a different process that what had originally been discussed, but it
would help make sure that the public input allowed the project to move forward rather than be input that
was not relevant.
9: 12:34 PM Joe Dye said they would encourage the public to look over their presentation and have an
idea for what was planned, and offer their comments and input and either incorporate it or respond to it
in a more structured fashion. He said they had some ideas that were consistent with the Town's wants
and needs for the land area, and they welcomed the public's input on their preliminary ideas for that
property.
9: 13:31 PM Mayor Stevens said he believed they should establish parameters for the discussion and
retain openness so that they could generate ideas and discussion. He said having public input before
being locked into a process was beneficial. Mr. Dye agreed.
9: 14:01 PM Commissioner Gering said Ms. Hauth had suggested that the Town host the public input
event and provide a facilitator. Mr. Dye said they were open to the idea, noting it was an appropriate
suggestion that the Town host such an event. He offered to host it jointly, noting their design team
could participate and hear the input firsthand. Mr. Dye said he would prefer a collaborative process that
was structured.
9: 15:00 PM Ms. Hauth said she had expected the design team to be present. She said sometimes
when you were trying to keep a meeting organized and moving forward it was difficult to respond as
well to some things that were happening, and she had thought that if the Town took the role of host
along with a facilitator the input period would progress more smoothly. Ms. Hauth said she believed
that would allow the applicant and design team to interact better and focus more on the comments being
presented rather than worrying about the time or other issues.
9: 16:02 PM Mayor Stevens agreed. Ms. Hauth said the next step in the process would be to begin the
financial analysis before requesting the petition. She asked if the staff should move forward with that.
9: 16:29 PM Mr. Peterson said before we needed to wait until after the open house and the applicant
had a better idea of what types of buildings would work and the types of uses before they could generate
revenue information, and then we could compute expenditure information. He said if the Board wanted
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to proceed, they should direct the staff to pursue the financial analysis and we would begin that when it
made the most sense.
9: 17:06 PM Ms. Hauth said they would proceed with scheduling the open house when Mr. Dye was
ready.
9:17:19 PM Mayor Stevens commented the Board should have already heard from the Strategic
Growth Plan and received that analysis, noting they had already taken a look at the Churton Street
portion, and that would be incorporated into this process.
9: 17:35 PM Commissioner Lowen asked if Ms. Hauth needed confirmation to proceed with the
financial analysis. Ms. Hauth said yes, as well as with the open house.
9: 17:47 PM Mayor Stevens said the Board was in consensus for her to proceed as stated.
F. Discuss and consider route for proposed sewer easement for Riverbend II subdivision
9: 17:59 PM Mr. Keel noted that the owner of the property wanted to address the Board regarding the
proposed route of the sewer easement. He stated that the Board had approved in Maya water and sewer
extension agreement for the property. Mr. Keel said there were three potential routes for the sewer, with
the US 70A route being ruled out due to its shortsighted service capability. He said the developer
preferred a route that would require condemnation of an adjacent property. Mr. Keel said the adjacent
property owner had offered an alternative route that would be longer, but would not require any
substantial land clearing. He said the developer wanted to address the Board regarding his preferred
route.
9:21:13 PM Mr. Hornik asked if the third alternative had to cross someone else's property. Mr. Keel
responded it crossed two other properties, one of which was the Classical American Homes Preservation
Trust, adding that both second and third alternatives crossed that property. He said the third alternative
also crossed the Vietri property, and it was believed that easement would be attainable.
9:21:58 PM Commissioner Hallman said if we had to pursue a condemnation, it would be a
significant added cost as compared to the third alternative. He noted that the third alternative might cost
essentially nothing if we received voluntary easements.
9:22:34 PM Commissioner Lloyd said if a condemnation took place, would that be the responsibility
of the Town. Mr. Hornik replied that condemnation cost would be passed on to the developer, since it
would take place to benefit the developer.
9:23:27 PM Wesley Cook, owner of the property proposed as a route, suggested boring under the
creek so as not to disturb it, and connect with the existing manhole. He said that Bill Crowther preferred
the other route, but he did not control the property. Mr. Cook said he had tried for two months to
negotiate with Mr. Crowther, but had not been successful.
9:24:47 PM Mayor Stevens asked Mr. Cook if his preference was for the second alternative. Mr.
Cook said that was correct, since it would disturb the least property, it would not disturb the creek, and it
would provide service to all of Tuscarora Drive and possibly some of the Collins property across the
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road. Mr. Cook said Mr. Crowther was asking with the third alternative for an easement that went three
or four times further.
9:25:47 PM Commissioner Hallman said Mr. Cook's primary issue was time. Mr. Cook said that
time was money, and he had spent several thousand dollars in the last two months trying to get this
resolved. Commissioner Hallman asked if Mr. Cook would agree to the third alternative if it were done
quickly. Mr. Cook said he would like to see the authorization that would permit the crossing of the
other property before he would commit one way or the other. Commissioner Hallman said that was fair.
9:26:49 PM Bill Crowther said he had with him a letter from the President of the Classical American
Homes Trust, which authorized him to negotiate this issue. He said that alternative three that he had
proposed would take the sewer easement away from the Cate's Creek floodway, and given the
occasionally fish kills he presumed that it was advantageous to keep sewer lines out of floodways. Mr.
Crowther said that alignment would also allow it to be taken all the way to Elizabeth Brady Road on
Classical American Homes property, which would cross the Vietri property. He said that would take the
line through property that needed little clearing.
Mr. Crowther said just for the Board's information, the owner of the Vietri property was married to the
NC Secretary of Natural Resources, who was in charge of the Mountains to the Sea trail. He said they
had already expressed an interest to him to continue their master trail plan back into Hillsborough from
the host site, allowing us to build a trail on their property. Mr. Crowther said he was sure they could
work with Vietri on this matter, because that was the aligned choice for the Mountains to the Sea trail,
and it was likely in the Town's best interest to have both aligned in the same alley.
Mr. Crowther said that Classical American Homes was fully against the second alternative, which would
take 30 to 50 feet of cutting through the forest to clear it to Cate's Creek, and then travel underneath the
creek to connect to the sewer line on the other side. He said he had a copy of the conservation deed
restrictions that called for no cutting or clearing of the land, and he would abide by those.
Mr. Crowther said that as their position. He said they were trying to preserve natural resources, to build
trails, and to work with the Town in finding a sewer easement for the Tuscarora area.
9:30: 15 PM Commissioner Hallman asked if Mr. Crowther had an idea of when Vietri would respond.
Mr. Crowther said they had not yet approached Vietri, because they had not been given approval to
proceed with that. He said he would be happy to visit them and get that process started.
9:30:29 PM Mayor Stevens asked if that could be fast tracked. He said he was hearing that time was
an issue here. Mr. Crowther responded that if Mr. Dye and he both visited Vietri tomorrow, they could
likely make something happen.
9:31 :02 PM Mr. Cook said he did not want the right-of-way from Vietri, noting he already had a
sewer right-of-way from US 70. He said he was asking the Town to give him a yes or no on the second
option.
9:31 :46 PM Commissioner Lloyd asked Mr. Keel to explain again the second alternative, noting she
understood the Cate's Creek issue. She said if the second alternative were used, that would cross the
Classical American Homes property. Mr. Keel said that was correct.
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9:32:33 PM Mr. Hornik said the Town could acquire to take the right, notwithstanding the deed
restrictions. He said the only issue would be how much we would have to pay Classical American
Homes for that right as just compensation.
9:33:16 PM Mr. Keel said the only way that the second alternative would happen would be to go
through a condemnation process. He said the water and sewer extension contract was approved in May,
but the Board could amend that or dissolve that contract, he believed. Mr. Hornik said it was a contract,
and that contract agreed to the first alternative. He said that could result in a court battle as well.
9:34:39 PM Commissioner Gering said he did not understand why this could not be worked out with
Mr. Crowther and Vietri, at least in the short term to discover if the third alternative was viable. Mr.
Cook said Mr. Crowther could not speak for Vietri. Commissioner Gering asked if Mr. Cook would
visit Vietri with Mr. Crowther and talk about this with them. Mr. Cook said he would be glad to do that,
but he had already Mr. Crowther an amount of money to take the second route. He said he was not
willing to offer dollars for the third alternative. Mr. Cook said that the second alternative was the closest
route and made the most sense environmentally. He reiterated his earlier statements, noting that it
amounted to $32 per foot for 300 feet as opposed to $32 per foot for 900 feet, and that was his primary
concern.
9:37:23 PM Commissioner Gering suggested that Mr. Crowther and Mr. Cook make the attempt to
see if the third option could be made to work. He said he was not interested in delaying, but Mr.
Crowther had made some compelling arguments. Commissioner Gering said it would be for the future
benefit of the Town and the people who would use that trail.
9:38:04 PM Mr. Hornik said using Mr. Cook's figures of $10,000 as opposed to $30,000, that
difference of $20,000 was far less than what a court proceeding would cost.
9:38:24 PM Commissioner Hallman pointed out that there would be additional expense involved in
traveling beneath the creek.
9:38:37 PM Mayor Stevens stated that alternative three might be the faster and less expensive option,
as well as the most environmentally sound. He said both alternatives two and three served the Town's
interests. Mr. Cook said he would give it one more month and see what Mr. Crowther and he could
work out, and if not then he would use his easement down US 70. He said a contract was a contract and
the Town had approved it in May, and that contract was still viable.
9:39:55 PM Mayor Stevens said if all parties would make a good faith effort, then he believed that 30
days would provide adequate time to reach an agreement. The Board agreed by consensus to table the
item.
G. Discuss requiring Developers who are seeking Approval for Projects in Hillsborough to prepare
a "Due Diligence Package"
9:40:16 PM Commissioner Hallman asked the Board's permission to work with Mr. Hornik on this
issue. He said he wanted to formalize some of the information received from developers so that the
Board would have a clear idea of who they were working with and what their past track record was, as
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well as their capacity to do what they say they are going to do. Commissioner Hallman provided
examples of the type of background information that might be beneficial.
Commissioner Hallman said Mr. Hornik had some guidelines of what we could and could not do, but he
was seeking permission to formalize the process. He said it would allow the Board to know who the
principals were, their past record, any record of litigation, and other information. Commissioner
Hallman said he wanted to bring back to the Board a package for approval that would fit within the
guidelines of what the law allowed and give the Board and developers a clearer idea of what was
expected.
9:42:47 PM Commissioner Dancy said she was in agreement with that suggestion.
9:43:00 PM Mr. Hornik said in some context there were ways that the Town could asked for that type
of information, but in other contexts there was not that ability, based on how our ordinances were
worded. He said there may be some consideration for amending the Code, or deciding whether to ask
for some information informally from developers. Mr. Hornik said there were several avenues to
explore and to figure out the best way to approach this, and there may be a way to "tweak" out process
to make it more likely that we could receive such information in the proper context and in the proper
way.
9:44:06 PM Commissioner Lowen asked if the request was that Commissioner Hallman work with
Mr. Hornik to determine what we could ask for and what our limitations might be in gathering such
information. He said he wanted to make sure that we were not inadvertently sending out a negative
message to developers that this process would be used with every proposal. Commissioner Lowen said
he envisioned using this process with larger developments, not smaller ones.
9:44:26 PM Commissioner Lowen said he envisioned using this process just with Special Use Permit
requests and entryway requests.
9:45:03 PM Commissioner Hallman said in principle that sounded good, but you would have to
consider all factors including how much more difficult it would make the process for the developer
9:45:46 PM Commissioner Gering asked that they receive a small sampling from developers to
determine the receptivity to the process.
9:46:08 PM The Board by consensus agreed to allow Commissioner Hallman to proceed.
H. Consideration of a resolution adopting the Churton Street Corridor Plan
9:46: 19 PM Ms. Hauth noted a resolution was in the packet for consideration by the Board, adding
that a sheet had been prepared that noted the recommended revisions in the language of the Churton
Street Corridor Plan based on earlier discussions to address concerns. She said a revised implementation
list of things to be done and the priority assigned to them was also included. Ms. Hauth said the
Planning Board had recommended approval of the Plan.
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9:47:29 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board
moved to adopt the Churton Street Corridor Plan with the noted amendments by a vote of 5-0. The
motion was declared passed.
I. Consider request from the Beckett's Ridge Homeowners Association for Road Improvements
9:47:56 PM Assistant Town Manager/Public Works Director Demetric Potts stated that the Beckett's
Ridge Homeowners Association had requested that the Board consider the installation of sidewalks and
widening Millstone Drive and Beckett's Ridge Drive extension. He said they also desired a traffic
signal be installed at the intersection of Millstone Drive and Old NC 86, and that the Town study the
area and devise a plan of action to remedy the situation.
9:48:40 PM Commissioner Hallman asked if the proposed sidewalk as in the Town's current sidewalk
plan. Mr. Potts said it was planned for the future, adding that the sidewalk on the south side of Beckett's
Ridge Drive extension was a part of the requirement for development of that area.
9:48:59 PM Paul Newton, President of the Beckett's Ridge Homeowners Association, said there were
several areas of concern. He said one had to be with the Town's right-of-way within Beckett's Ridge, in
particular the intersection of Baycourt Trail/Woodbury DriveIBeckett's Ridge to a few feet before the
intersection of Cate's Creek Parkway. Mr. Newton said that area of land had been torn up continuously
as infrastructure had been laid during various construction activities. He said they wanted that area
restored back to the way it was before that disturbance occurred, which was a nicely sodded area that
would be easily maintained by the adjacent homeowner.
Mr. Newton said regarding road improvements, they were asking the Board to authorize Mr. Potts and
any other resources he needed to analyze the situation and devise an action plan. He said they were
saying anecdotally that perhaps a traffic signal would be good or widening would be good, but they were
not traffic experts. So, Mr. Newton said, they were seeking assistance to determine what would be the
best solution on this hilly and curvy road.
Mr. Newton said that road was a major thoroughfare with much traffic, and when Waterstone was
developed that issue would become much worse. He said on top of that, it was an unsightly area, and
they wanted to determine once the construction was completed who would clean the area up and return
it to its natural beauty. Mr. Newton said these problems were serious and needed to be addressed, and
asked that the Town ensure that the developer of the Old Mill Business Park install the sidewalk that
was agreed upon. He said the residents would appreciate any help the Board could extend.
9:52:46 PM Commissioner Hallman asked who had torn up the landscape, and had the Homeowners
Association contacted them. Mr. Newton said no, that they had expected the Town to do that. He said
that was Town right-of-way property, and he believed the companies laying the infrastructure had been
responsible for tearing up the landscape in that right-of-way.
9:53:46 PM Mr. Potts said he believed the construction in that particular right-of-way was completed.
He said he had visited the area with Public Works and they intended to address that area in the fall. He
said that October and November would be the appropriate time to plant grass and provide other
plantings.
22
September 11, 2006 Regular Meeting
Approved: November 14, 2006
Page 23 of 42
9:54:22 PM Mr. Peterson asked if we would use sod or seed. Mr. Potts said they wanted to seed the
area, and if that failed then they would look at providing sod. He said they believed that they could seed
the area and that grass would grow there.
9:54:38 PM Commissioner Lowen said regarding traffic calming, he passed through that area often.
He asked if it would be helpful to put a centerline through the area. He said traffic moved fairly quickly,
and placing a centerline on the roadway would make it narrower and perhaps force traffic to slow
somewhat by having them remain on their side of the road. Mr. Potts said he could determine the cost of
putting in a centerline, but could not guarantee that it would slow traffic. Commissioner Lowen said he
realized there was a cost and that it would take some time, but believed a centerline could be provided
fairly quickly.
9:55:59 PM Mr. Peterson said it if was affordable, they would just do it rather than coming back to
the Board. He asked if the Board wanted the staff to pursue other avenues, such as contacting NCDOT
regarding the intersection of Old 86 and Millstone. Mr. Peterson said regardless of the answer that
would give them some data points on what they may want to do. He asked if the Traffic Engineer
should be asked to conduct an analysis of the traffic load, what future improvements were planned, and
discover if there were other recommendations to be considered. Mr. Potts said they could be any and all
of the above, with the Board's direction.
9:57:04 PM Commissioner Hallman asked if the traffic analysis prepared by the Waters tone
developer would reflect that area and the impact on Old 86. Mr. Potts said they would research that.
9:57:25 PM Mr. Peterson said he did not believe any of the staff could exercise a traffic engineering
opinion on the way the road operated.
9:57:41 PM Commissioner Hallman said if we had a petition from the neighborhood to take before
the NCDOT, that would have more impact than a request from the Town Manager. Mr. Newton said
their property manager had been in contact with NCDOT, but the answer had been effectively no. He
said they would still like to pursue a traffic light.
Mr. Newton said regarding the Old Mill Stone Business Park and Millstone Drive, traffic in that area
during peak hours made it impossible to make a left-hand turn onto OLD 86. He said their concern was
not one of traffic calming; rather it was one of traffic safety and vehicular access. Mr. Newton said the
roads were already narrow, and doing anything to make them appear even narrower was not much help.
He said another alternative might for the Oakdale/Old 86 intersection to connect into Millstone, which
would give people a signalized intersection to travel to.
10:00:29 PM Commissioner Hallman said with Lafayette Drive crossing over, that would probably
need be signalized, as well as Oakdale. Mr. Newton agreed that was one way to achieve it. He said the
problem existed now and was posed to only become worse, especially as Waterstone was constructed
and built out. Mr. Newton reminded the Board that one of the conditions of approval for Waterstone
was that construction traffic now utilizes Cate's Creek Parkway, and noted that that small parkway was
a primary access point for construction vehicles. He said if it was the Town's intention to prevent that,
it had not been successful.
23
September 11, 2006 Regular Meeting
Approved: November 14,2006
Page 24 of 42
Mr. Newton noted that the Montessori School also added a component of traffic to the situation, adding
that traffic tended to line the streets just before and just after school hours. He added that there was no
passing in that area, so traffic backed up during drop-off and pick-up of school children.
Mr. Newton reiterated that they were requesting for Town staff time and an action plan.
J. Consider revising the Water Sewer Advisory Committee Term Schedule
10:02:31 PM Mr. Keel noted that the Water Sewer Advisory Committee was suggesting adjustments to
their terms to ensure that one in-town member and one out-of- Town member from the Committee would
be reappointed every year in October. He said the term lengths would remain at 4 years. Mr. Keel
noted they currently had 3 vacancies, with only 5 members. Mr. Keel said the only impact to current
members was that it did shorten two current members' terms by one year, that being Paul Kimple and
Katherine Sanders. He said both members had agreed to that term change.
Mr. Keel said they had been actively seeking new members, and that had been a struggle. He said they
would continue to work to fill those vacancies. Mr. Keel said they were asking the Board to endorse the
amendment to the terms.
10:04:46 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board
moved to approve the Water Sewer Advisory Committee term schedule by a vote of 5-0. The motion
was declared passed.
K. Discuss the Possibility of Conducting a State of the Town Address Function in January of 2007
10:05:03 PM Mayor Stevens noted that several people had suggested the concept of doing a "State of
the Town address this January. He said the same questions seemed to come up over and over, and
thought this might be a way to address those key issues.
. 10:06:00 PM Commissioner Gering said he believed it was a wonderful idea, especially since it would
be sponsored by the Town. He suggested that Board members should participate as well.
10:06: 10 PM Commissioner Dancy said we should discuss the aspects of such an address, given the
amount of development taking place and planned for the Town.
10:06:26 PM Mayor Stevens said even though they had talked about the Churton Street Plan and the
Strategic Growth Plan, putting those pieces together would let us look more holistically at where we
were as a town. He said he believed the address should happen on a regular basis. Mayor Stevens asked
for suggestions as to the time of day such an event should be scheduled, and for any other ideas.
10:07:05 PM Commissioner Dancy said it would be more beneficial to hold such an address in the
evening so that more people could come out. She said the address should have a set time limit so that
people knew how much time to devote to it. Commissioner Dancy suggested one hour was adequate.
10:07:30 PM Commissioner Lowen said the address should be held in an environment that was inviting
as possible, and perhaps provide snacks.
24
September II, 2006 Regular Meeting
Approved: November 14,2006
Page 25 of 42
10:08:00 PM Mayor Stevens asked the Manager if that sounded feasible to him. Mr. Peterson replied it
did.
10:08:36 PM Mayor Stevens said he would take responsibility for working on this item and checking
with others for ideas.
L. Report on Nuisance and Criminal Activity Abatement Team (NCAT)
10:08:52 PM Police Chief Clarence Birkhead updated the Board on NCA T activities. He said they had
been addressing issues such as noise, suspected criminal and drug activity, trash, high grass and others.
Chief Birkhead said they had developed a number of ideas to try to reach out and engage the community
to get them involved and assist NCA T in doing a better job. He said they had developed a Nuisance
Abatement Criminal Activity Intelligence Sheet, included in the packet, which was designed to garner
information about suspected activities
10:11:37 PM Commissioner Gering said he had exchanged email with Town staff, looking for ways to
be more forceful in making property owners responsible for the source of activities that take place on
their property, for instance drug activities. He said it was not a simple problem nor did it have simple
solution. Commissioner Gering asked the Board to authorize the staff to conduct the research to
discover any tools that might be available for law enforcement to use to go after property owners that
allowed illegal activities to take place on their property. He wondered to what extent the NCAT could
be extended to include the court justice system. Commissioner Gering said many times persons are
arrested for illegal activities but the court system released them almost immediately. He wondered if we
could partner with the court system to have such cases handled more appropriately, such as identifying
"hot" cases, provide them with additional assistance, or whatever it would take to convince them to be
more vigorous with such cases. Commissioner Gering said if the Board found this worth pursuing, he
asked that the staff be directed to do that and come back with a report.
10: 13:52 PM Mr. Peterson said he would discuss this with the staff and if it was possible to bring this
back at the October workshop, they would do so. However, if more time was needed he would defer it
to November. Mr. Peterson said if there were other similar topics that the Board would like to dedicate
a portion of the workshop to, then the staff could try to address those issues as well. He said it might
also bring some added attention to what many believe affected the quality of life in the Town.
10: 14:47 PM Chief Birkhead added that in a separate setting they meet with judges and the District
Attorney on a regular basis, particularly if it concerned a major case. He said recently they had
addressed the "revolving door syndrome" with the Magistrate's Office, and he knew that both judges
and the District Attorney supported stiffer bonds and sentencing. Chief Birkhead said all of the Chiefs
in the County had had similar discussions with them, so they were fully aware of our position.
10: 15:51 PM Commissioner Hallman said one thing that had come out of the public hearing for
Cornwallis Hills neighbors was the sense that they needed to wall themselves in, and his reaction to that
was that we had a much larger problem if people in our Town felt safer if their neighborhoods had walls
built around them.
25
September 11, 2006 Regular Meeting
Approved: November 14, 2006
Page 26 of 42
M. Reminder that the September 25th Workshop will be used to Conduct Training for the Town
Board, Planning Board, Board of Adjustments, and Historic District Commission on Conducting
Quasi-Judicial Hearings
10:16:27 PM Mr. Hornik reminded the Board that the September 25 workshop would be used to
conduct training for the Town Board, the Planning Board, the Board of Adjustment, and the Historic
District Commission on Conducting Quasi-Judicial Hearings. He stated that the meeting room in the
Holiday Inn Express had been reserved for this training, with the meeting beginning at 7:30, with limited
drinks and snacks provided. Mr. Hornik said he and Mike Brough had developed a two-hour training
seSSIOn.
10: 17:04 PM Mayor Stevens noted that he and Commissioner Hallman would be in Madison at that
time, and would not be attending.
10:17:30 PM Commissioner Dancy noted she would not be attending that meeting as well, noting a
conflict
10: 17:33 PM On another subject, Commissioner Hallman noted he had talked with Robert Dowling
with Orange Community Housing and Land Trust. Mr. Dowling, he said, would be presenting their
Strategic report to Chapel Hill, Carrboro, and Orange County, and suggested that he make that same
presentation to our Board. Commissioner Hallman said the presentation would address the long-term
issues of affordable housing and what Hillsborough would be facing. He suggested November might be
a good time to hear that presentation.
Commissioner Hallman said the other topic was the idea of setting up a payment-in-lieu process for
developers, so that if it were not practical for a developer to provide affordable housing in one location a
payment could be set aside so that such housing could be provided elsewhere. He said that Mr. Dowling
wanted to address with the Board the issue of setting up a Housing Trust Fund to allow payment-in-lieu
for affordable housing.
10: 19: 17 PM Mayor Stevens asked staff to get that issue on the agenda, possibly for November.
N. Request from Habitat for Humanity sign to document capital campaign
10:19:32 PM Mayor Stevens noted this item had been removed from the agenda.
O. Discuss Preparations for the Town Manager's Annual Performance Evaluation
10: 19:57 PM Mayor Stevens asked about the form provided. Mr. Peterson responded it was just a
generic evaluation form for a municipal manager, to be used as a guide.
10:20:38 PM Mayor Stevens asked if there was any need to look at the overall goals from the
workshop, and to being moving toward some congruence so that we know collectively where we are
going. Mr. Peterson said he could prepare a self-evaluation, using the identified major goals and the
progress on each, as he saw it. He said that would be an additional resource the Board could use.
Mayor Stevens asked about the timing. Mr. Peterson responded the October Board meeting would be
suitable if the agenda was not too full.
26
September 11, 2006 Regular Meeting
Approved: November 14,2006
Page 27 of 42
10:21:54 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board
moved to enter into closed session to discuss the evaluation of the Town Manager by a vote of 5-0. The
motion was declared passed.
12.
CLOSED SESSION
Upon returning to Open Session, and upon a motion by Commissioner Lowen, seconded by
Commissioner Hallman, the Board moved to excuse Commissioner Dancy from the upcoming
Workshop by a vote of 5-0. The motion was declared passed.
10:22: 10 PM Short Recess
13. ADJOURN
11 :26:00 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the board
moved to adjourn the meeting at 11 :26 PM by a vote of 5-0. The motion was declared passed.
Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
27
September 11, 2006 Regular Meeting
Approved: November 14, 2006
Page 28 of 42
""""".'"""''''''.'''""~'''-'''''''''''''''~V>lWM\ilLi\I,t;IW>JM~~I'lIiHiiw.iHi1\Wi\IHOI>~~~
RESOLUTION # RES20060911.4.A
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 11th day of September that the Town of Hillsborough intends to officially close that portion
of a public right of way formerly known as Webb Street lying east 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 Commissioners shall conduct a
public hearing to consider closure of the aforesaid portion of Webb Street described above on the
Lth day of 5~ 2006 at 2.::3a... 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
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 11 th day of September 2006.
L,1'J
September 11, 2006 Regular Meeting
Approved: November 14, 2006
Page 29 of 42
,-_.__.~~-"..""".."'_..~""""'-"'"..."',..."'''''"..'''_..."."."'''.".".,,...,,.''''.,,,,,,.,,,,",,,",,-,,",,,,,",,",,,.,..,,,.,.","",-,"",,.,,,.",,,.,..,.."",.,.".,"..",,,.,",.,...,,.,,",,,,.,,,
NORTH CAROLINA
ORANGE COUNTY
MEMORANDUM OF UNDERSTANDING
1. Eai:ties. The parties to this memorandum of understanding ("memo") are the Town
of Hills borough (the "Town") and The Brough Law Fiml ("Law Firm").
2. Pm110i'le. The purpose of this memo is to sct fOlih thc understanding between the
paliies conceming the nature of the relationship under which the Law Finn shall serve as the Town
Attol1lcy.
3. Scope of Service. In consideration of the compensation set fOlih below, Law Firm
shall continue to perform for the Town all of the legal services required by the Town as set forth
herein. Such services shall include, without limitation, consultation with the Board of
Commissioners and town staff, attendance upon request at the Board of Commissioner's meetings,
and the meetings of other boards, drafting and/or review of ordinallCeS and other documents, alld
representation of the Town in litigation. Not included within the scope of covered services are
services customal'ily performed by outside bond counsel.
4. Servicf'." Performed hy [.nw Finn. The parties acknowledge cmd agrce that the full
resources of the Law Firm shall be available to the Town. However, the Law Firm may subcontract
with other firms or individuals to have certain services performed for the Town, such as title
searches, but the Law Firm shall remain responsiblc to the Town for the quality and timeliness of
these services. Payment for these subcontracted services shall be made by thc Law Firm and shall
be charged to the Town on the Law Finn's monthly invoice.
5. (:ompeni'lntion. The Town shall pay to Law Firm for legal services rendercd during
fiscal year 2006-2007 on a monthly basis according 10 the scrvices pcrfomled during each month.
Monthly invoices shall indicate the number of hours worked and the fces shall be calculated
according to the following rates"
Michael B. Brough
William C. Morgall, Jr.
Nicholas Herman
Robert E. Homik, II'.
NallCY Friel Homik
T.c. Morphis, Jr.
$155.00
$150.00
$150.00
$150.00
$150,00
$120.00
Ordinary office expenses shall continue to be charged in accordance with the attached statement.
L.':l
September 11, 2006 Regular Meeting
Approved: November 14, 2006
Page 30 of 42
6. Dnrilti 011 , T~mli11iltion. This memorandum shall govem the relationship between
the parties for the period July 1, 2006 through June 30. 2007. The relationship established under
this memorandum may be tenninated upon ten (10) days written notice by either party. Payment
shall be made for services rendered through the date oftennination.
c}/, This memorand.um of understanding is executed by the parties this JJfl day of
t.-H"#mJ.Ui.E . 2006.
TOWN OF HILLSBOROUGH
By6/~
Eric Peterson, Manager
THE BROUGH LAW FIRM
'/
~' P
. "-?~."
. ('''' ~ ".......
BY: i/I).~ c.-.~ ", --
Ro1Jfrt E. Homik, Jr.
ATTEST:
Provision for payment has been made by an appropriation duly made or bonds or notes duly
authorized, pursuant to the Local Government Budget and Fiscal Control Act.
/...,:::::~:""\~ '>~)
C)~ 0. SY~
Finance ~c~
-'u
September 11, 2006 Regular Meeting
Approved: November 14, 2006
Page 31 of42
f,ESOU.lrlON # RES20060!111-'IO"L)
North Carolina Governor's Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION
Form GHSP-02-A
(To be completed, attached to and become part of Form GHSP-02, Highway Safety Project Contract.)
WHEREAS, the
Hillsboroueh fulice ~,partnEnt
(The Applicant Agency)
has completed an application contract for traffic safety funding; and that
(herein called the "Agency'"')
the Town of Hillsborough
(The Governing Body of the Agency)
(herein called the '"'Governing Body") has thoroughly considered the problem
identified and has reviewed the project as described in the contract;
THEREFORE, NOW BE IT RESOLVED BY THE Town of Hillsborough
(Governing Body)
IN OPEN
MEETING ASSEMBLED IN THE CITY OF
THIS.22t!:L DAY OF July
Hillsboroueh
, NORTH CAROLINA,
, 20~, AS FOLLOWS:
1, That the project referenced above is in the best interest of the Governing Body and the general public; and
2, That
Clarence F. Birkhead, Chief
(Name and Title of Representative)
is authorized to file, on behalf of the Governing
Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal
funding in the amount of $ 1 46, 540 . 00
(Federal Dollar Request)
to be made to the Governing Body to assist in defraying
the cost of the project described in the contract application; and
3. That the Governing Body has formally appropriated the cash contribution of $ 1 5 , 000 . 00 as
(Local Cash Appropriation)
required by the project contract; and
4. That the Project Director designated in the application contract shall furnish or make arrangement for other
appropriate persons to furnish such information, data, documents and reports as required by the contract, if
approved, or as may be required by the Governor's Highway Safety Program; and
5. That certified copies of this resolution be included as part of the contract referenced above; and
6. That this resolution shall take effect immediatel~~~. its_~t~ion, ....::_"}
/ /
DONE AND ORDERED in open meeting by ( / t?~ --<-~
ATTESTED Byk;;/ ~~~ ..~"~,";o'\;~~I/;'IIIII"',,,
(Clerk) .." ..Ilo. '-:,
.. JJ.."IIf" '"
. ~~. ~
DATE t/f- d-tJ~ i~ -r-"n ~\
::.., t':) ::.
=H'11 %!
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~~ ~
""~ ..../
''''''I CAf1lJ~'"
"II'ffin"'\\'~
Rev. 5/04
.H
September 11, 2006 Regular Meeting
Approved: November 14,2006
Page 32 of 42
Town
of
Hm~ ~ gh
RESOLUTION # RES20060911-10.E
RESOULUTION OF SUPPORT
FOR THE EASTERN PIEDMONT SECTION INCLUDING
PREFERRED AND AL TERNA TE ROUTING OPTIONS FOR
NORTH CAROLINA'S MOUNTAINS-TO-SEA TRAIL
WHEREAS, the protection and preservation of our water, openspace, greenways and trails are
important to our citizens and visitors, and
WHEREAS, we believe that providing public access to our public waters, openspace, greenways
and trails is important, and
WHEREAS, we know that protected and preserved waters, openspace, greenways and trails
often cross governmental jurisdictions, and
WHEREAS, we find it beneficial for there to be a coordinated plan for trails and greenways with
our neighboring cities, counties and the state, and
WHEREAS, we know that the State of North Carolina through the Department of Environment
and Natural Resources and the Division of Parks and Recreation's State Trails Program are
charged with coordinating the planning and development of a system of trails across North
Carolina, and
WHEREAS, we know that the Department of Environment and Natural Resources and the
Division of Parks and Recreation's State Trails Program have endorsed North Carolina's
Mountains-to-Sea Trail as the flagship trail for this growing system oftrails across this State, and
WHEREAS, there is currently no state endorsed alignment for North Carolina's Mountains-to-
Sea Trail for our region nor a regional trail or greenway plan for this central piedmont region,
and
WHEREAS, our staff have worked with staff of the Department of Environment and Natural
Resource and the Division of Parks and Recreation's State Trails Program and the Piedmont
Triad Council of Governments to develop a comprehensive plan for trails and greenways for the
Central Piedmont Region, including the Mountains-to-Sea Trail, and
WHEREAS, this Eastern Piedmont Trails and Greenway Plan outlines an implementation
strategy defining how all signing partners can better work together to plan, acquire, develop and
manage trails and greenways, and
101 Ea81 Orange Slreet . Po. Box 42.9 . HilLsborollgh, North (:arolirw 21'21'8
.919.732.1270 . Filx !WI.(i4I2:J.90
-'L.
September II, 2006 Regular Meeting
Approved: November 14,2006
Page 33 of 42
WHEREAS, we understand by providing public trails and greenway, that we are improving our
quality oflife, providing opportunity for environmental tourism and enhancing our industrial
recruitment activities, and
NOW THEREFORE BE IT RESOLVED, BY THE HILLS BOROUGH TOWN BOARD OF
COMMISSIONERS:
Section 1: Endorse the Eastern Piedmont Trails Plan and the preferred and alternate alignments
for North Carolina's Mountains-to-Sea Trail as indicated on the attached map
Section 2: Request that this plan in its entirety be endorsed by the Department of Environment
and Natural Resources as the Eastern Piedmont Region's Trails Plan component of the State
Trails System Plan
Section 3: Agree to continue this partnership of all governmental agencies included in the
Eastern Piedmont Trails Planning effort, the Department of Environment and Natural Resource
and the Division of Parks and Recreation's State Trails Program and the Piedmont Triad Council
of Govenunents to further develop an implementation strategy that gives priority to the planning,
acquisition, development, and management of trails or trail segments that are located within the
agencies jurisdiction that will best serve the needs ofthe local citizens jd the Eastern Piedmont
Region. I
,....~,...~~..."..__/.__.._._..~~"_,.~'...J' /
/"""'~'~ , ,..I' .......~..,-)/
<<I)-he",? ( L'~ ._j/~~
DA E / Tom Stevens, May'orP'P' ...-_.
SEAL
~I/ If ./7
-/ /-f
;/ ~N/~tf
'I ~. C
J;Jonna F. Annbrister, Town Clerk
-'
Of tfll.S&;<:-:
~
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\\'\
_~.J
September 11, 2006 Regular Meeting
Approved: November 14, 2006
Page 34 of 42
Town
of
Hm.~
HESOUmONfI: RE82oon0911.W.F
RESOLUTION EXTENDING
VESTED RIGHTS TO THE WATERS TONE MASTER PLAN
WHEREAS, The Hillsborough Town Board approved the Master Plan for the Waterstone
development on March 8, 2004, and
WHEREAS, during that time the project was sold to The Stratford Company, and
WHEREAS, The Stratford Company has pursued implementation of the Master Plan
NOW, THEREFORE BE IT REOLVED, by the Hi11sborough Town Board of Commissioners,
hereby extends the vesting period for the Master Plan through March 8, 2009 as permitted under
North Carolina General Statutes.
Adopted this the 11 th day of September, 2006.
_..,~.~..,......,......,..
101 Easl Oran.ge Stred . l~o. Box 42.9 . llill,,/wrough, North Carolina 27278
91.9.7321270 . Fax .9l!)..(i44...23.'JO
.:'14
September II, 2006 Regular Meeting
Approved: November 14, 2006
Page 35 of 42
Town
of
H!Y~M
gh
BUDGET AMENDMENTS
September 11. 2006
1. GENERAL FUND: BEFORE
EXPENDITURES
10-4200-115 Administration- EOC/Satellite,Cable $
1 0-9990-000 Contingency $
$
65,000
65,000
ADJ.
$ 1,000
$ (1,000)
$
mE!!
$ 1,000
$ 64,000
$ 65,000
To fund the monthly expense of satellite, cable and broadband for the Emergency Operations Center
2. EXPENDITURES
10-5110-580 Police Patrol- Grant Match-MDTs $ 6,000 $ (6.000) $
10-5110-741 Police Patrol-Capital MDTs $ $ 6.000 $ 6.000
$ 6,000 $ $ 6,000
To reclassify and move a non-capital expenditure to a capital expenditure
3. EXPENDITURES
10-5100-731 Police Administration-Capitallmprov. $ 10,000 $ (10,000) $
10-5100-320 Police Administration-Supplies 3.000 10.000 13,000
$ 13,000 $ $ 13,000
To reclassify and move a capital expenditure to a non-capital expenditure
4. EXPENDITURES
10-5110-742 Police Patrol- Capital/K9 $ 12,000 $ (1.345) $ 10,655
10-5110-574 Police Patrol-Misc./Police Dog 2,000 1.345 3.345
$ 14.000 $ $ 14,000
To reclassify and move a capital expenditure to a non-capital expenditure
137 North Chl/rtol! Street. RD. Box 429 . Hillsborough, North Carolina 27278
919-732-2104 . Fax 91.9-732-1028
-'::l
September 11, 2006 Regular Meeting
Approved: November 14,2006
Page 36 of 42
5. EXPENDITURES
10-5300-573 Fire Inspections-Auto TaxlTags $ $ 500 $ 500
10-9990-000 General Fund Contingency 64.000 (500) 63.500
$ 64,000 $ $ 64,000
To establish and fund auto taxes and tags for a new truck purchase for fire inspections
6. EXPENDITURES
10-5300-740 Fire Inspections -Capital/Hybrid TK $ 25,000 $ 2,200 $ 27,200
10-5600-360 Streets-Uniform Rental $ 1,900 $ (700) $ 1,200
10-5800-360 Sanitation-Uniform Rental $ 2,200 $ (800) $ 1 ,400
10-5800-571 Sanitation-Misc.lPublic Infor. Material 5,000 (700) 4.300
$ 34,100 $ $ 34,100
To fund the additional expense of a new truck purchase for fire inspections
APPROVED:
"'0
Town
of
Hill~
gh
September 11,2006 Regular Meeting
Approved: November 14, 2006
Page 37 of 42
15
ORDER OF THE HILLSBOROUGH BOARD OF COMMISSIONERS
IN ACCORDANCE WITH G.S. 105-321
State of North Carolina
County of Orange
To Jo Roberson, Tax Collector of Orange County:
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 deciared 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 11th day of September, 2006 )
____'--" ~ I
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Tom Stevens I ..'
/./lllycr,fown of Hillsborough
:.b\.
1:37 North Churton Street. RO. Box 429 . Hillsborough, North Carolina 27278
919-732-2104 . Pbx 919.732.}028
.)/
September 11, 2006 Regular Meeting
Approved: November 14, 2006
Page 38 of 42
.FC
. 511 East Boulevard
Charlotte · North Carolina · 28203
Ii Phone
Fax
704.373.1199
704.373.1113
o www.raftelis.com
RAFTEUS FINANCIAL
CONSULTANTS, INC.
September 1, 2006
Mr. Eric Peterson
Town Manager
Town of Hillsborough
P.O. Box 429
Hillsborough, NC 27278
Dear Mr. Peterson,
Raftelis Financial Consultants, Inc. ("RFC") is pleased to submit this engagement letter to the
Town of Hillsborough ("Town") to perform an economic evaluation of proposed wholesale
water rates from the City of Durham ("Durham"). Durham is currently preparing a proposal to
offer the Town wholesale water service through new and existing potable water system
interconnections. The Town must determine the economic feasibility of accepting wholesale
service or continuing to treat its own potable water for service within its retail system. RFC
proposes to assist the Town in development of a model that will determine which option is in
the long-tenn best interest of the Town's water system customers. RFC will also work with the
Town to develop a list of important issues to be included in a wholesale contract and
negotiation positions for each issue. The exact timing and scope of this project will be
dependant on submission of a proposal by Durham and the course of the negotiations" The
following Work Approach describes how we plan to support the Town in evaluation of
Durham's wholesale proposal.
Work Approach
The Work Approach for this engagement will have two major tasks: (1) development of a
model to evaluate the economic feasibility of becoming a wholesale water customer of
Durham; and, (2) development of a list of issues and negotiating positions for the wholesale
contract.
Task 1
RFC will construct an economic evaluation model to project revenue requirements of the water
system under continued operation of the Town treatment facility ("the status quo") and under
wholesale service from Durham ("wholesale service"). Initially, the modeling will focus on
itemizing the cost of treatment under the status quo and estimating the costs that would go
away if treatment were no longer needed. Costs that could be reduced or eliminated under
wholesale service may include both operating and capital costs. Once Durham proposes a
wholesale rate, the model will project Town usage and calculate total wholesale service costs
to the Town. Comparing projected status quo costs and projected wholesale service costs will
allow the Town to determine the economically superior alternative.
- DRAFT-
-'~
September 11, 2006 Regular Meeting
Approved: November 14,2006
Page 39 of 42
Mr. Eric Peterson
Town of Hillsborough
September 1, 2006
Page 2
Task 2
RFC will assist the Town in compiling a list of issues that should be addressed in a
comprehensive wholesale contract. Issues are likely to include both economic and non-
economic considerations. We will assist in the development of the Town's preferred position
for each issue. Issues may include:
. Capacity requirements and timing;
. Service requirements;
. Take-or-pay provisions;
. Value of contributed assets/capacity; and
. Capital financing alternatives.
Since the nature and timing of this project cannot be precisely determined, we propose that it
be completed on a time and materials basis. At this point, we estimate that fees and expenses
would be approximately $15,000, based on an allowance of 80 hours of consultant time and
expenses for two person-trips to Hillsborough. Trips would include one data gathering
meeting with Town statf and one meeting to convey the results of the analysis and discuss the
wholesale agreement. We would be available {or additional meetings, as necessary, to present
findings to the Town Councilor the Water and Sewer Advisory Board.
If actual hours incurred are less than the estimated hours, then this savings would be retained
by the Town. We look forward to working with you and your staff on this update. Should you
have any questions, please do not hesitate to contact me at (704) 373-1199. If the provisions of
this engagement letter are acceptable, please sign and return one copy of the letter for our files.
We are delighted to have this opportunity to work with you on this project.
Respectfully submitted"
RAFTELIS ANCIAL CONSULTANTS,
INe.
We accept the terms of this eng ement letter:
- - t?t
- DRAFT -
,j':l
September 11, 2006 Regular Meeting
Approved: November 14,2006
Page 40 of 42
ORDINANCE 11 ORD2(JDflOfHI.11.C
AN ORDINANCE AMENDING THI~ZONING MI\P
OF 'fIlE TO\VN OF HILLSBOROUGII
TIm BOARD OF COMMISSIONERS OF THE '.rOWN OF HILLSBOROUGH ORDAINS:
Wbereas an application has been made for the rezoning of tbe p.roperty herein; and
Whereas thellpplication has been referred totbe I'own Planning Board for its
recommendation and the Planning Board bas provided the Town Hoard with a written
recoBlmendation addressing the consistency of the proposed rezoning with the Town's
comprehensive plan and snch other matters as the Planning Board deemed approp.riate;
and
Whereas tbe Town Board has, prior to acting on the apldication, 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 refteded berein is
reasonable and in the public intert~~t.
NOW, THJl:REFORE, be it ordained as fol.lows:
Section I.
The Zoning Map (lfthe Town of Hillsborough is hereby amended to rezone
approximately 1.67 acres from Residclltial-20 to General Commercial near the
intersection of St. Marys Road and US 70 Bypass. 111e parcel is identified at Tax
Map 4.21.C.7.
Section 2.
All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 3.
This ordinance shaH become dlective upon adoption.
The foregoing ordinance havin~ been submitted to a vote n:ceived the {()Howing vote and
was duly ADOPTED/DENI.ED this 111 day of September, 2006.
Ayes: S
Noes: Q
Absent or Excused: _0----
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( onna F. Armbrister, Town Clerk
'fU
September II, 2006 Regular Meeting
Approved: November 14,2006
Page 41 of 42
Town Board's Statement per N.C. (;cn. Stat. 160A-383
The Town of Hills borough Town Board has rel~eived and reviewed the application of Mr.
Dwight Walters to amend the Town of Hillsborough Zoning Ordinance/Map to rezone
approximately 1.67 acres from Residential-20 to G'eneral Commercial near the intersection of St.
Marys Road and US 70 Bypi\ss. The parcel is identified at Tax Map 4.21.C,7.
The Hillsborough Town Board has determined that the proposed action is consistent /im;ons!stent
with the Town of Hillsborough's comprehensive plan, and the Town Board's proposed action on
the amc..'ndment is reasonable and in the public interest for the fbUowing reason(s):
1) The area is designated t()r Retail Activity on the Vision 2010 Land Use map and the
General Commercial Zoning District is too broad in the list of pemlitted uses to
ensure compliance with the Land Use designation.
2) The General Commercial Zoning District and list ofpenniued uses is not consistent
with the residential uses currently existing in the abutting parcels and these uses
would be subject to adverse impacts from uses in the General Commercial district.
3) Gravity sewer service is not readily available t(l this site.
Adopted by the Town of Hillsborough Board of Commissioners this !L day of ~ 2006
/' /
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, own C~lerk
'+1
September 11, 2006 Regular Meeting
Approved: November 14,2006
Page 42 of 42
Town
of
Hilll~
RESOLUTION # RES20060911-11..H
RESOLUTION ADOPTING
CHURTON STREET CORRDIOR STRATEGIC PLAN 2006
WHEREAS, The Hillsborough Tourism Board initiated a corridor planning process for
Churton Street to build on the student design competition and downtown improvements plan, and
WHEREAS, The Division of Community Assistance provided tec1mical support and guidance
to a citizen task force over approximately 18 months, and
WHEREAS, The task force undertook significant public involvement activities to determine
the public's preferred development for the Churton Corridor, and
WHEREAS, The Plan includes an implementation plan to ensure the recommended changes
and projects are realized,
NOW, THEREFORE BE IT REOL VED, by the Hillsborough Town Board of Commissioners,
that the Churton Street Corridor Strategic Plan 2006 is adopted as a planning document for the
Town and will be used in the completion of the Strategic Growth Plan for Hillsborough and the
comprehensive development code update. This document may also be referenced in the review
of development proposals and used as a model for other corridor planning efforts.
Adopted this the 11th day of September, 2006.
7
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, {. ---".----- .. ._-" --"- .-.--
Tom Stevens-;"'M;iiyoi:
101 East Orange Street. EO. Box 42.9 . Hillsborongh, Nor/h C'arolina 27278
.9JY.732-J270. Fax .91!).l.i44-23.'JO
'+1.