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HomeMy Public PortalAbout10-23-2006 Workshop Meeting October 23,2006 Monthly Workshop Approved: November 14, 2006 Page 1 of 11 Town of Hillf ""'"gh MINUTES Board of Commissioners Monthly Workshop Monday, October 23, 2006 -7:30 p.m. Town Barn PRESENT: Mayor Tom Stevens, Commissioners Evelyn Lloyd, Brian Lowen, Frances Dancy, Michael Gering, and L. Eric Hallman. STAFF PRESENT: Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Demetric Potts, Planning Director Margaret Hauth, Town Clerk/Personnel Officer Donna Armbrister, and Town Attorney Bob Hornik. 7:30:01 PM Mayor Stevens congratulated Town Manager Eric Peterson on the birth of his new daughter. 1. Open the Public Hearing 7:30:16 PM Mayor Stevens opened the Public Hearing. 2. Street Closing Request for a Portion of Webb Street 7:30:35 PM Planning Director Margaret Hauth noted this was consider the closer of a small portion of Webb Street that provided access to a total of four houses, adding that all four had access from other locations. She said that Ms. Kenyon had requested that that portion be closed because it was her understanding it had never been a Town street and there were problems with homes nearby. Ms. Hauth noted that if the Town were to close the right-of-way, ownership would revert to the two adjoining property owners. She said the two properties that fronted on Nash Street would not be affected, since the right-of-way would end prior to reaching those properties. 7:32:31 PM Town Attorney Bob Hornik confirmed with Ms. Hauth that the two homes fronting Nash Street had vehicular access from Nash and King Streets. Ms. Hauth said there were some utility issues that needed attention. 7:33:35 PM Greg Decker noted that the right-of-way provided access to the utilities located to the rear of his property, and in his opinion that added value to it to have access from multiple sides. He said he would prefer to keep the road open. 7:35:05 PM Commissioner Lloyd asked Mr. Decker what utilities were located there that would affect him with this closer. Mr. Decker said his water meter was located there, as well as his water shut-off. He said he also had a utility pole in his backyard, and the only good way to access it from the utility company's standpoint would be from Webb Street. October 23. 2006 Monthly Workshop Approved: November 14, 2006 Page 2 of 11 7:35:53 PM Commissioner Lloyd asked if his trash was picked up from the front or the back. Mr. Decker said he was renting that property, and was not sure where the tenants placed their trash. 7:36: 14 PM Commissioner Lloyd asked could Mr. Decker's property be grandfathered in to allow him access to his utilities. Mr. Hornik said he would be curious to know if there were any recorded utility easements that affected that area, for instance a utility easement from the right- of-way to Mr. Decker's property. He said if there was an abandonment of the right-of-way and if there were utility easements, then the abandonment would be subject to those easements, meaning those easements would still exist. 7:37: 14 PM Mr. Decker asked about "common law" easement for his access from his back gate to that area. Mr. Hornik responded that he did not know if such a thing existed, or if there was any dedicated right-of-way. 7:37:30 PM Mr. Decker said Ms. Kenyon had claimed that the right-of-way in question was built by her father in the 1940' s, but there was not public record of it. He said in his opinion if there was not public record then that could not be proved. 7:37:48 PM Mr. Hornik said the Town could not abandon a right-of-way that it did not have. Mr. Decker stated by closing this road he would have to give up access out his back gate to the neighborhood, and that was a convenience he would like to keep. 7:38:17 PM Aviva Enoch said she did not understand why Ms. Kenyon wanted to close the street. She said it appeared to her that for some reason Ms. Kenyon did not want them coming in and out of the back gate, and the request to close the street was prompted by Ms. Kenyon placing an obstruction blocking their back gate. Ms. Enoch said that back gate had been used since the house had been built, and did not understand what the problem was. She agreed that closing off that right-of-way would affect property values of those few homes. 7 :41: 19 PM Linda Shambley explained how this problem came about. She said Ms. Enoch had placed a plastic fence at the end of the driveway, and Ms. Kenyon was told that she could no longer park there and if she did, the Police would be notified and her car would be towed. Ms. Shambley said no one had ever had a problem before this. 7:43:06 PM Commissioner Lloyd asked who had moved the fence. Ms. Shambley said the woman who owned the house had kicked down the fence and called the Police, that being Ms. Enoch. She said the Police had told Ms. Kenyon that she would need to begin parking on the street, but there was not easily accessible place to park there. Ms. Shambley said Ms. Kenyon now had to park her car in her front yard, and remained very upset about this situation. 7:44: 14 PM Commissioner Lloyd asked Ms. Shambley to explain the pictures she had displayed of the fence. Ms. Shambley did so. 2 October 23,2006 Monthly Workshop Approved: November 14. 2006 Page 3 of 11 7:45:42 PM Mayor Stevens said the Board was not a dispute settlement lobby for neighbors, and wanted to avoid that. 7:46: 11 PM Ms. Shambley said all Ms. Kenyon wanted was to be able to park there, but Ms. Enoch had told Ms. Kenyon she would be towed if she did so. 7:46:46 PM Ms. Enoch said she had talked with Ms. Kenyon and she had agreed to remove the obstruction. She said she had explained to Ms. Kenyon that all they wanted was access to the area. Ms. Enoch said a couple of weeks later her husband had spoken to Ms. Kenyon because it had not yet been removed, but at that point Ms. Kenyon refused to the fence that was obstructing her gate. She said she had spoken to Ms. Kenyon's son about it, and he was "hostile" to her and told her she would have to come around Nash Street. Ms. Enoch said Ms. Kenyon and her son insisted that the area was a private road. She said she had then research it and found that it was a public road, and had then reported to the Police that Ms. Kenyon was obstructing her private property with the fence. Ms. Enoch said the Police had told Ms. Kenyon that it was a public road and that she could not park there because she would be blocking her neighbor's access to the gate. She said she did not care if Ms. Kenyon parked there, noting all she wanted was access to the back gate. Ms. Enoch said she believed Ms. Kenyon's son had created the friction that existed between the neighbors. 7:50: 12 PM Steven Landon said he owned the property directly behind this area. He said he had no problem with the parking, the fence, or any other issues. Mr. Landon said his only concern was that someday he might need to access his property from that public street, and therefore found it highly objectionable that it be closed. He said he had two houses on his property, and he did not believe he should be forced to have them share a driveway if this right- of-way was closed. 7:52:06 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved that the public hearing be closed. 7:52: 13 PM Commissioner Lowen asked if the public right-of-way went all the way to the fence where the gate was located. Ms. Hauth said it did not necessarily go up to the fence, but went up to the property line that separated the Smith property from the Decker property, that was in line with the Kenyon property and the Landon property. She said that created a straight line that was the end of the right-of-way. Ms. Hauth said where the line was exactly in relation to the fence would have to be determined by a survey. 7:52:51 PM Commissioner Lowen said it was hard to tell exactly where that was. He agreed it would take a survey to determine where the property lines were in relation to the right-of-way. 7:54:52 PM The motion adopted by a vote of 5-0, and was declared passed. 3 October 23, 2006 Monthly Workshop Approved: November 14, 2006 Page 4 of 11 3. Voluntary Annexation request from H. Tate McKee to annex 40.13 acres on the south side of US 70 East. This parcel is not contiguous with the existing city limits and is identified as TMBL 4.37.A.3d and 4.37.A.3c. 7:55: 10 PM Ms. Hauth said the representatives of the property owner and the developer was present to answer any questions. She said part of the settlement agreement on the was that the property owner would seek annexation of the property, and they had submitted that request. Ms. Hauth said the property was not contiguous, making this a satellite annexation. 7:56:23 PM Mayor Stevens determined that the Board had no questions, and no citizens had signed up to speak. 7:56:30 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to close the public hearing by a vote of 5-0. The motion was declared passed. 4. Close public hearing and Open the Workshop 7:56:45 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to close the public hearing and open the Workshop by a vote of 5-0. The motion was declared passed. 5. Agenda Changes & Agenda Approval 7:57:05 PM Commissioner Hallman added an item to discuss a promotional idea 7:57:26 PM Commissioner Lowen added an item for no parking signs on Short Street. 7:58:23 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve the agenda as amended by a vote of 5-0. The motion was declared passed. 6. Committee Updates and Reports 7:58:47 PM Commissioner Dancy reported that at the recent meeting of the Chapel Hill- Orange County Visitor's Bureau, they had chosen an agency for branding, which would incorporate Chapel Hill, Carrboro and Hillsborough. She said today, she had attended a work session at the TJCOG regarding the legislative agenda. Commissioner Dancy said it was still a work in progress and would require a lot of attention, especially regarding options for funding and revenue resources. 8:00: 18 PM Mayor Stevens said mental health was an issue of concern. Commissioner Dancy agreed, noting that housing and homelessness were also of concern. 8:01: 12 PM Commissioner Gering said the Tourism Board had expressed an interest in hearing from whatever advertiser was chosen for branding to see if they might want a 4 October 23,2006 Monthly Workshop Approved: November 14, 2006 Page 5 of 11 supplemental contract to give additional focus on Hillsborough branding. Commissioner Dancy said they understood that. 8:01:28 PM Commissioner Lloyd said she and Ms. Hauth had attended the meeting of the Orange County Justice Facility Planning Committee, and believed the plans to be good, noting everyone had worked well together and hoped that would continue. Ms. Hauth said the feedback she had received from the Historic District Commission had been positive. 8:03:39 PM Commissioner Hallman said the Parks and Recreation Board were putting in long hours looking at the Master Plan, and they were cataloguing all of the County and Town resources in a five-mile radius and then trying to predict what the needs are for the Town. He invited the Board to provide comments on sports or other facilities they believed were needed. Commissioner Hallman said the Economic Development Commission was pursuing a restart of the Small Business Loan Program, which might be a tool the Board could use for economic stimulation, especially on the Highway 70 corridor. Commissioner Hallman said regarding Neighbor House, he had provided the Board with a written update with tonight's materials. He said that the Daniel Boone Village redevelopment project would include removal of the campgrounds and the hotel, which would affect a number of homeless people, resulting in a need for a shelter for the homeless. Commissioner Hallman said at the same time, the Food for All program served 70 hot meals four days a week every week, and they needed a place to stage these meals, especially in inclement weather. He said Neighbor House was looking at acquiring property, and were considering a lot at the corner of Cornelius Street and Hill Street. 8:07:39 PM Commissioner Gering said the Cornelius Street Task Force had met last week and discussed community development. He said many of the issues brought up by the speakers had already been identified in the Churton Street plan, such as signage. 8:08:39 PM Mr. Peterson said that Habitat had held a ribbon cutting on Saturday for the homes on Tulip Tree, and Commissioner Gering had inquired about providing street lights since the Town had annexed the property. He said they had signed a contract today with Duke Energy and five street lights would be installed in the next three weeks. 7. Report from the Town Manager on the North Carolina Green and Solar Tour and Possible Applications for Future Development in the Town of Hillsborough. 8:09:22 PM Mr. Peterson said California had adopted a law that would go into effect in 2011 that would require any subdivision of 50 units or greater must provide solar as a standard option on homes. He said many local governments had already made adjustments to their zoning ordinances or codes to help with green development. Mr. Peterson said he believed this was a major issue, not just because of our dependency on fossil fuels and foreign oil, but because we needed to diversify our energy portfolio and give ourselves more options in how we deal with international issues. 5 October 23. 2006 Monthly Workshop Approved: November 14,2006 Page 6 of 11 Mr. Peterson said the demand on electric systems in the United States was increasing because of new growth and the expanded use of electronic equipment, which was increasing by three times the amount that transmission lines were able to accommodate. He said it was important to locate alternative sources of energy, and it had been said that keeping shade trees next to homes was becoming even more important to reduce the demands of summertime cooling. Mr. Peterson said when we were talking about clear-cutting land; he was pleased with the emphasis the Board had placed on holding developers accountable for such cuttings. Mr. Peterson said he had attended a solar homes tour and he had learned much about the technical things that could be done to make a building more energy efficient using solar. He said he believed there was more of a market for such housing, and wanted the Board to be aware of that. Mr. Peterson said they had a limited window of how much Hillsborough could grow, and believed they would be making a mistake too much time was allowed to pass before addressing such issues. He said as rewrites of the Zoning Ordinance and possible a Unified Development Ordinance were considered, provisions like these could be incorporated to whatever extent the Board believed was desirable. Mr. Peterson said as new requests for annexation were received; the Board had a lot of latitude as far as conditions for annexation to include energy efficient construction as well as water conservation. 8: 17:35 PM Commissioner Gering asked what kind of groundwork could they begin to do now in advance of ordinance rewrites that would put the Town in a position where it could exercise the prerogatives they had for annexation or rezoning requests to facilitate adoption of such stipulations. Mr. Hornik said there were models that could be used. He suggested we should be looking at ways to build into our new ordinances incentives for environmentally friendly development, since we did not have statutory authority to mandate green building. 8: 19:04 PM Mr. Peterson said staff could begin research now to provide options for the Board's consideration, and how it could potentially be applied to Hillsborough. 8:19:41 PM Commissioner Hallman said in Madison, Wisconsin, there were processes in place for those developers who wanted to build "green," then a much more difficult process for those who did not. He said that in itself was an incentive to build more energy efficient structures. Mr. Hornik said providing more advantageous or streamlined procedures was an incentive. 8:20:58 PM Commissioner Hallman pointed out that t he Water and Sewer Advisory Board had talked about this, and they had looked at communities that had instituted such designs as water recirculation devices that saved water, such as systems that captured roof runoff, and other systems. 8:21:27 PM Commissioner Gering said he was pleased that the staff was enthusiastic about pursuing this, but knew that the demands that were put on the Manager and would continue to be put on him were great. He said if it were an option to consider entering into a contract with 6 October 23,2006 Monthly Workshop Approved: November 14,2006 Page 7 of 11 TJCOG or some other entity to do some of this background research, he would entertain trying to find the money do to so. 8:22:03 PM Mayor Stevens said the County was interested in doing this research as well, and believed we could combined resources to do that. 8:22: 19 PM Commissioner Lowen said it was a very interesting concept, and noted that the two Habitat homes being constructed now on Terrell Road were using green concepts. He said the energy savings allowed the homes to be even more affordable. Commissioner Lowen said the Board should encourage buildings to use these concepts. 8:23:27 PM Commissioner Hallman asked if we could possibly receive some help from planners at UNC. Ms. Hauth said we could ask, adding that another resource would be Chris Wachholz as far as the green building initiative. She said we needed to understand the entire range of options was, pick and choose the ones we liked, pinpoint the ones we would not want to incentivize, and educate ourselves so that when we did begin the rewrites we would have menu to choose from to provide guidance. 8:24:57 PM Commissioner Gering we had involved enough development to increase Hillsborough's population by 25%, and none of them had been started yet. He asked what opportunity we had now that might affect green development there. Ms. Hauth responded that would be a negotiation with the homebuyers, since the developers already had their Special Use Permits. 8:25:33 PM Mr. Peterson said he had spoken to Dave Dennison with Stratford and shared some of the information on green buildings, and suggested they might want to consider incorporating some of the options. He said he believed there might still be some opportunity if the Board felt strongly about it. 8:26:39 PM Commissioner Gering said it was possible the developers would want to entertain something like that and might have suggestions for the Board on how to make it advantageous for everyone. 8. PreseRtatioR aDd Re(fuest from fArehiteet KeR Redfoot to Have the TowR of HilIsborough CraRdfatherlWaive the Fire SappressioR SpriRlder Re(fuiremeRts for the Durham TeehRieal CommaRity College Satellite Camp as 8aildiRg iR the WaterstoBe DevelopmeRt Please see attached inf8FRulti8n fr{')m the FiFe A{arshal and DTCC A.rehitect ( This Item was removed from the agenda at Durham Tech's request. ) 9. Discuss and Consider Making Recommendations for the Transportation Improvement Plan (TIP) to the Transportation Advisory Committee (T AC) - Presented by Commissioner Hallman 7 October 23.2006 Monthly Workshop Approved: November 14, 2006 Page 8 of 11 8:27:30 PM Commissioner Hallman said at the last TAC meeting, all of the other entities had submitted comments on the 2007-2013 TIP, and he had requested that comments be held open to allow both Orange County and Hillsborough to submit their comments. He said he believed there were a few things that the Board should voice an opinion on in order to push our agenda. Commission Hallman suggested that a letter from the Board or from the Mayor be sent to the MPO to forward on as our comments on the TIP. He said he had prepared a draft letter that was included in tonight's materials, and commented on each paragraph and offered an explanation of each. 8:31 :57 PM Commissioner Lowen said he would like to make sure that if the County had added a project to its list, that Hillsborough was on board as well. He said it would show that we were in unison and would carry some weight. 8:32:37 PM Mayor Stevens said there appeared to be a consensus of the Board regarding this. 8:32:44 PM Commissioner Lloyd pointed out that regarding the Orange Grove Task Force, the pedestrian bridge was an issue that needed to be left in. She mentioned the number of school children who walked to school and would have need of the bridge. 10. Consider Recognition for Turnip Patch Park Volunteers - Presented by Commissioner Hallman 8:34:55 PM Commissioner Hallman wondered if the Board would be willing to do something to recognize the efforts of the public/private partnership that got Turnip Patch Park to where it was today. He suggested a permanent plaque at the park to recognize all the citizens who made this happen. 8:35:40 PM Commissioner Dancy suggested perhaps a stone plaque that was flush to the ground. 8:36:33 PM Commissioner Gering suggested asking the Turnip Patch Park Corporation to provide some ideas on how to recognize everyone who had participated. He said the Board could set some parameters, such as a reasonable budget. 8:37:38 PM Commissioner Lowen wondered if something could be done that was unique as opposed to the standard recognition, such as something that would contribute to the park but also serve as a thank you to all those who had worked to make the park a reality. Commissioner Lowen suggested perhaps a tree or even play equipment could be donated on behalf of the Board in recognition of those efforts. 8:38:32 PM Ms. Hauth said one thing that an interest had been expressed in was bringing water into the park, so a water fountain with a spigot to water trees and plants might be an idea. 8:38:48 PM Commissioner Lowen agreed, stating that a plaque could be added to the side of the water fountain. He asked that the idea be investigated. Mr. Peterson agreed to do so. 8 October 23,2006 Monthly Workshop Approved: November 14,2006 Page 9 of 11 8:39: 14 PM Mayor Stevens said he had talked with the Chair of the Committee who had wanted to address the Board regarding lessons learned and other issues. He said that would be placed on an upcoming agenda. 11. Other 11a. Promotional Idea 8:40:09 PM Commissioner Hallman said he would like to see the Town recognize a Town Poet Lauriat, noting he believed the Town would perhaps receive some national press on that. He said he believed it would be a way to advertise that Hillsborough was unique, and asked if there was any interest in pursuing that. 8:41:06 PM Commissioner Gering said he believed that would fit the character of this Town well. Commissioner Lowen agreed, suggesting that such a position could carry a two-year term, for example. 8:42:00 PM Commissioner Dancy agreed it would make Hillsborough even more unique. 8:42:54 PM Commissioner Lowen asked if we had someone in mind, could the appointment be left up to the Board or would we need to open it up for citizen application. 8:43: 11 PM Commissioner Gering said the Board could always appoint the first one, then open it up for application. 8:43: 18 PM Commissioner Lowen said ultimately it was up to the Board to decide in any case. 8:43:22 PM Mayor Stevens said we would need to establish a clear process. Mr. Hornik suggested simply stating what the Board wanted to do and how they wanted to do it, then decide who they wanted the first appointment to be and vote on it. 8:44:34 PM Commissioner Lloyd asked for an explanation of what a Poet Lariat would do for the Town. 8:44:44 PM Commissioner Dancy said it would be something unique that Hillsborough would have, suggesting that the Town could sponsor poetry readings for the community or at schools. 8:45:23 PM Commissioner Lloyd said we needed to be careful that the process used III choosing the person because it could become competitive between local writers and poets. 8:46:23 PM Mayor Stevens said the Board could consider this in more detail at a later time once the staff provided some additional information regarding a process. 9 October 23, 2006 Monthly Workshop Approved: November 14, 2006 Page IO of II 11b. No Parking Signs on Short Street and Revere Road 8:47: 19 PM Commissioner Lowen said he had attended the Hillsborough Heights Community Watch meeting last week on Short Street at a resident's home. He said one issue of great concern was the residence on the corner of Short and Revere Road, noting it appeared that a lot of activity took place in the front yard which caused a lot of vehicular traffic there. Commissioner Lowen said one thing that had been done in the past to address such issues was to place no parking signs, and the residents at the meeting voted unanimously to ask the Board if such a thing could be considered in that location. 8:48:51 PM Mr. Peterson said he would meet with the Chief of Police this week and he would ask the Chief to take a look at that location and provide some feedback on a recommendation on how to address the issues. 8:49: 12 PM Mayor Stevens suggested that this could be placed on the Consent Agenda for the next Board meeting. 8:49:22 PM Commissioner Lowen said the specific request was for no parking signs on the east and west side of the street just on that portion of the road where parking was taking place. 8:50:03 PM Mr. Peterson said the last time the Board had taken such an action it had created problems for other residents on the street, so he would like to get the Chief s input on how to best achieve the results the residents were looking for without causing other problems. 8:50:36 PM Commissioner Lowen said what was unique about this situation was that there were only four homeowners involved in this, and three of them were at the meeting. 11c. Other Issues 8:51 :49 PM Ms. Hauth said provided the Board with an agenda regarding he Boone Commons workshop, and wanted to make sure that the first Saturday in November was an acceptable date for that workshop. 8:52: 19 PM Commission Lloyd noted that was not a good day for her. Ms. Hauth said that the 18th was a possibility, noting it was the Saturday before Thanksgiving. Commissioner Gering asked if it would be in the daytime. Ms. Hauth said yes, most likely from 9 am to 1 pm. She said she was trying to hold the workshop to four hours. She said the location was not yet decided. 8:53:32 PM Mayor Stevens confirmed that November 18th was preferable for the Board. Ms. Hauth said she would confirm the time and place as soon as possible. She indicated that lunch could be provided if the Board wished. 10 October 23, 2006 Monthly Workshop Approved: November 14,2006 Page II of 11 8:54:43 PM Commissioner Lowen said if they were going to work through lunch, the workshop could break and allow people to leave and get lunch and then return. He said if a lot of people participated it could add up to a lot of dollars if the Town provided a meal. 8:55:07 PM Mayor Stevens said they had not talked about the process, but this was suppose to be a good will gesture to allow people to offer ideas. He said he believed that many people would participate. Ms. Hauth said the Dispute Settlement Center had suggested they would need about four facilitators, because it was not unreasonable to think they might get more than 20 participants, and we would want to break them up into small groups and have them work with the design team. Ms. Hauth said she saw the role of the facilitators as getting a really good document or record coming out of this workshop on what the issues were, and that was why staff was not doing it. 11. Adjourn 8:57:39 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved to adjourn the Workshop by a vote of 5-0. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, MMC Town Clerk 11