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HomeMy Public PortalAbout02-12-2007 Regular Meeting February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 1 of32 ,,",,:~,,) . fit ' . n;~imili~=~:~i1~ I MINUTES HILLSBOROUGH TOWN BOARD February 12, 2007 7:30 PM, Town Barn PRESENT: Mayor Tom Stevens, Commissioners Evelyn Lloyd, Frances Dancy, Michael Gering, L. Eric Hallman, and Brian Lowen. STAFF: Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Demetric Potts, Town Clerk/Personnel Officer Donna Armbrister, Planning Director Margaret Hauth, Town EngineerlUtilities Director Kenny Keel, Finance Director Greg Siler, Police Chief Clarence Birkhead, and Town Attorney Bob Hornik. 7:32:51 PM Mayor Tom Stevens called the meeting to order at 7:32 p.m. 1. PUBLIC CHARGE 7:33:03 PM Mayor Stevens did not read the public charge, but indicated it would be followed. INTERVIEW: VOLUNTEER FOR IN-TOWN ALTERNATE VACANCY ON THE BOARD OF ADJUSTMENT WITH A TERM TO EXPIRE FEBRUARY 28, 2010 AND VOLUNTEER FOR IN-TOWN VACANCY ON THE WATER SEWER ADVISORY COMMITTEE WITH A TERM TO EXPIRE OCTOBER 2009 7:33:20 PM The Board interviewed Bradley Curelop for the in-Town alternate vacancy on the BOA. Mr. Curelop provided brief comments regarding his background, employment and interests. 7:36:52 PM The Board interviewed Cheryl Thomas for the in-Town vacancy on the WSAC. Ms. Thomas provided brief comments regarding her background, employment and interests. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:39:18 PM Lee Gardner noted he wanted to speak on Item 9.B on the Consent Agenda. The Board agreed by consensus to remove Item 9.B from the Consent Agenda for discussion. 3. AGENDA CHANGES & AGENDA APPROVAL 7:40:32 PM The Board moved Item 9.H off of the Consent Agenda and placed it at the end if the meeting for discussion. 7:41: 15 PM Town Attorney Bob Hornik added the Lou Hayes judgment to the Closed Session discussion. 1 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 2 of32 7:41:30 PM Commissioner Gering added a discussion regarding parking space requirements in the Zoning Ordinance. 7:41:40 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board approved the Agenda as amended by a vote of 5-0. The motion was declared passed. 4. APPOINTMENTS A. Appoint Bradley Curelop to fill in-Town alternate vacancy on the Board of Adjustment with a term to expire February 28, 2010 7:41:55 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to appoint Bradley Curelop to fill the in-Town vacancy on the Board of Adjustment with a term to expire February 28, 2010 by a vote of 5-0. The motion was declared passed. B. Appoint Cheryl Thomas to fill in-Town vacancy on the Water Sewer Advisory Committee with a term to expire October 2009 7:42:14 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, he Board moved to appoint Cheryl Thomas to fill the in-Town vacancy on the Water Sewer Advisory Committee with a term to expire October 2009 by a vote of 5-0. The motion was declared passed. 5. COMMITTEE REPORTS 7:42:41 PM Commissioner Dancy said at the Triangle J Council of Governments meeting, the Apex Fire Chief had spoken about the EQ chemical fire. She said it was a good presentation that would be worthwhile for other municipalities to hear. Mr. Peterson said he had attended a presentation that was given by the Apex Fire Chief and Police Chief and the Apex Town Manager for all area fire departments. He said they had been forced to move their Command Post five times during the event, and had to remove 12 or 13 of their personnel due to hazardous fumes. Mr. Peterson said they had lost access to their police vehicles, and their main evacuation center which was the Town Hall had been enveloped by smoke and fumes. He said the problems were enormous, but Apex had done a remarkable job. 7:45:02 PM Commissioner Dancy said she and the Mayor had attended the Legislative Agenda breakfast, and had also attended the Chapel Hill Chamber of Commerce luncheon. 7:45:33 PM Commissioner Hallman said there was a Transportation Advisory Committee meeting on Wednesday that he would attend. He said they had received comments back on their one-on-one meetings with Doug Galleon with the DOT and review of the SGIP. He said they could not shift the schedule or move things up, so it remained as is. Commissioner Hallman said regarding the pedestrian bridge over 1-40 on Orange Grove Road, they had referred it to the 2 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 3 of32 Division of Bicycle and Pedestrian Safety, so they should be getting a feasibility study conducted. Commissioner Hallman said because of the federal highway funds that were tied up in the current budget negotiation, the Congestion Mitigation Air Quality funds that they were supposed to have awarded for the park and ride lot and the loop bus route had not been released. Commissioner Hallman said Elizabeth Brady Road was still scheduled for right-of-way acquisition in 2010, but there was no word on the draft environmental impact statement. He said they had received a draft look at what the interchanges on 1-85 and Old 86 and 1-85 and New 86 would potentially look like, and he had shared that with staff. Commissioner Hallman said there was also a select committee being put together from our MPO, the Durham-Chapel Hill-Carrboro MPO and the Raleigh MPO to look at transportation issues. He said volunteers had been solicited, and Holly Reid had been accepted to represent Hillsborough along with the Eno River Association on that committee. Commissioner Hallman said he and Margaret Hauth had attended a HOME meeting, noting that applications for HOME funds were due at the end of February. 7:48:47 PM Commissioner Lowen asked if Commissioner Hallman had any information about the widening of 1-85 and what that might look like. He asked if the bridge over 1-85 at New 86 was proposed as four lanes with a turning lane. Commission Hallman responded he did not recall. Ms. Hauth said she would get that information and share it would the Board. 7:49:20 PM Commissioner Hallman said he had attended the Water Sewer Advisory Committee meeting, and some of the comments he was asked to bring back to this Board were relevant to Item 10.D., the Strategic Growth Plan, so he would offer them at that time. 7:49:37 PM Mayor Stevens said to follow up with the Daniel Boone and trailer park residents, they would hold a second meeting with those residents tomorrow. He said one of the resources that would be brought in was a group of MP A students in Public Administration who were working on this project. Mayor Stevens said they would be focusing on helping with the process and in particular conducting a needs assessment of exactly what these residents needed in terms of housing and other related issues. Mayor Stevens said regarding the Assembly of Governments meeting, he had spoken to Moses Cary with the County Commissioners about what might be relevant to Hillsborough. He said the primary topics of discussion which were important to this Board were economic development and affordable housing. Mayor Stevens said the fall Assembly of Governments meeting had not yet been set, but that meeting location rotated and he had volunteered Hillsborough as the Host for that fall meeting. 3 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 40f32 6. REPORT FROM THE TOWN MANAGER 7: 53: 19 PM Mr. Peterson said the situation in Apex was a sobering event and he was impressed with how officials had handled it. He updated the Board on Code Red, the reverse 911 system, noting the contract and been signed. Mr. Peterson said the mapping would soon be completed online of our municipal boundaries as well as the water boundaries, which was the first step in building the telephone base. He said staff would undergo training in the next few weeks. Mr. Peterson said staff had undergone some Pandemic Flu Training, but time demands were an issue. He said they would be working with the Orange County Health Department to get updates on the County's plans which would be a driver as to how Hillsborough would respond. Mr. Peterson stated that the Volunteer Appreciation Gift Cards to recognize volunteers on our boards and the Fire Department would be going out in the next week or so. 7. REPORT FROM THE TOWN ENGINEER 7:56:30 PM Town EngineerlUtilities Director Kenny Keel noted that the Town was compliant with discharge limits in December, although they had accidentally failed to take one required test on the flow into the waste water treatment plan, which violated their monitoring requirements. He said that was relatively minor, and had not affected the discharge quality. Mr. Keel said he expected to have a draft ready by the next meeting of the waste water treatment plant expansion/Durham pump station study. He said the delay should have no detrimental effect on the overall proj ect. Mr. Keel provided an update on the Lakeshore Drive sewer outfall, noting they should have State and EP A approval within the next month. He said construction was anticipated in the spring and through the summer. Mr. Keel stated that the Water Emergency Action Plan was being developed for Boil Water Notices and should be finished by the end of this month, to come to the Board at its March meeting. 7:59:33 PM Commissioner Lowen said regarding the Cates Creek outfall, at the last report there was still one easement that remained to be obtained. He asked if that was problematic. Mr. Keel said that issue was progressing and they were extremely close to a resolution. He said that easement was far down into the second phase so it was not causing any delays. 8. REPORT FORM THE PLANNING DIRECTOR 8:01 :39 PM Planning Director Margaret Hauth said as mentioned earlier, Holly Reid had submitted her name to represent Hillsborough on the Regional Transit Planning Committee. She asked the Board to keep in mind that from our half of the MOP we had only ten slots and there were a number of other jurisdictions, so the need for them to submit two names was probably not 4 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 5 of32 that great since others would submit at least two and then ten would be selected. Ms. Hauth said with Ms. Reid representing two organizations the likelihood of her being selected may be greater. Ms. Hauth said the Town had received an invitation from Chapel Hill to participate in their transit plan being done jointly with UNC and Carrboro. She said she had attended the first meeting, and the scope of the plan was fixed to the city limits of the two jurisdictions, so she would monitor the process but not directly participate. Ms. Hauth said she and others had met this morning with representatives from Oxford regarding their interest in creating an historic preservation or historic district commission. She said the meeting was well attended and lasted about three hours, with much information and advice shared. Ms. Hauth noted that the Minimum Housing Code violation on McAdams Road had been substantially corrected by the owner. She said they would continue to work with the owner to correct the remaining issues. 8:04:41 PM Commissioner Gering asked about the progress on the Noise Ordinance. Ms. Hauth said that would be discussed by the Planning Board this week, as to whether or not they take it up or it was rolled into the Zoning Ordinance rewrite. Commissioner Gering said the Town Board and staff had devoted a lot of time to craft ordinance updates, and there were neighborhoods that needed relief that a noise ordinance would provide. He encouraged the Planning Board not to put this issue off any longer by waiting for the ordinance rewrite. 8:06:03 PM Commissioner Hallman added that in the next year many neighborhoods would be affected by construction noise, and asked that the Planning Board take that into consideration. Ms. Hauth said the construction noise section of the ordinance had recently been updated, and the Planning Board was comfortable that it would address such issues adequately. 8:07:15 PM Commissioner Lloyd stated that residents in the vicinity of Margaret Lane would soon be adversely affected by construction noise, as well as other neighborhoods. She suggested the Board look at the time limits that might be imposed or strengthened in the ordinance. Ms. Hauth said the times certain equipment could be used was set our specifically in the ordinance. 9. ITEMS FOR DECISION - CONSENT AGENDA A. Consider Town Board Meeting Minutes of the January 8, 2007 Regular Board Meeting; the January 8, 2007 Closed Session; the January 22, 2007 Monthly Workshop; and the January 22,2007 Monthly Workshop Closed Session B. Consider authorizing the Town Manager to enter into a contract with a company to provide towing and storage services for vehicles in violation of the junk vehicle definition in the Town Code C. Consider authorizing the submittal of Fit Communities Grant and designation application package 5 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 6 of32 D. Consider acceptance and start of warranty for water and sewer utilities for Willowbend Subdivision project E. Consider amending the 2007 Town Board Meeting schedule to add a meeting with the Orange County Board of County Commissioners on Monday, March 19,2007 F. Consider approval of Proposal for Surveying Services to plat two (2) five acre tracts of land that will be swapped by Town of Hillsborough and Orange county to expand and develop Motor Pool Sites G. Consider approval of Interlocal agreement for Sharing of Costs of Surveying Services - Recombination Plat(s) for Motor Pool Sites H. Discussion regarding the Town Board's concerns about the commitment to tennis courts as a priority in the Fairview Public Campus Master Plan I. Consider approval of various Budget Amendments Consent Agenda Items 9.B and 9.H were removed for separate consideration. 8:09:05 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to approve the Consent Agenda as amended by a vote of 5-0. The motion was declared passed. Consent Agenda - Item 9.B Consider authorizing the Town Manager to enter into a contract with a company to provide towing and storage services for vehicles in violation of the junk vehicle definition in the Town Code 8:09:28 PM Ms. Hauth they had been working to get a company under contract to remove vehicles that had been deemed to be junk vehicles, and had gotten proposals from three firms. She said the staff recommendation was to contract with Chapman's because they were local. Ms. Hauth said since that recommendation had been made they had met with a representation from Lee's 24-Hour Towing, and they were now equally comfortable with using either firm. Ms. Hauth said there were tradeoffs, noting that Chapman's was local and their prices were somewhat lower. She stated that Lee's offered the option of not charging immediately so that left the possibility that someone could retrieve their vehicle if they responded quickly for a lower cost. 8:11:52 PM Lee Gardner, Lee's 24 Hour Towing, noted they were also a local business. He said their bid indicated that items determined to be junk would be sold as scrap metal after all appropriate State guidelines had been satisfied. Mr. Gardner said owners would have an opportunity to retrieve their property if done within ten days of towing by paying the towing fee. Mr. Gardner asked that his company be considered for this contract, noting they could handle any vehicle from a tractor trailers to mobile homes. He said his company had the necessary equipment to clean up sites as needed without having to lease equipment as other bidders for this contract would have to do. Mr. Gardner added that they were the only AAA provider on this side of the County, and could provide recommendations from local law enforcement. 6 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 70f32 8: 15:20 PM Commissioner Hallman thanked Mr. Gardner for having the initiative to address the Board. 8: 15: 54 PM Ms. Hauth stated she believed it would be more appropriate for the Board to pick the firm. Mr. Peterson agreed. 8:15:57 PM Commissioner Gering asked Ms. Hauth if her recommendation to select Chapman's still stood. Ms. Hauth said based on current information, either firm could provide the necessary service. 8:16:49 PM Mayor Stevens said he believed this should be a staff decision, since both firms had pros and cons. Mr. Peterson said he had asked if staff had considered a rotation between the two firms. He said staff had indicated they believed it was important to establish a rapport with a business, then later possibly consider a rotation. Mr. Peterson said with all things being equal, if the staff had originally chosen Chapman's then he would recommend awarding the contract to them. Commissioner Gering asked what the term of the contract was. Mr. Hornik said one year with the option to renew by the Town. 8:19:09 PM Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to approve the contract as recommended by staff. 8:19:28 PM Commissioner Lloyd said if there was a lot to be done at first, she was concerned that the company may not be available when needed. She said she believed that rotating between two firms might be more suitable. Commissioner Lloyd said if within that year we found that Chapman's had too much to do, could the Board then authorize contracting with a second firm. Mayor Stevens said the motion was to allow the Town Manager to get the work done and if that meant using two firms, he believed the motion would allow that. 8:21:30 PM Mr. Gardner commented that he had not been sent the request for a bid, but had ready about it in the newspaper. He said he believed that if Mr. Chapman had been sincerely interested in the contract, he would have appeared before the Board tonight. 8:22:29 PM Mayor Stevens called the question. The Board voted 5-0 to authorize the Town Manager to enter into a contract with a company to provide towing and storage services for vehicles in violation of the junk vehicle definition in the Town Code with Chapman's Automotive. The motion was declared passed. 10. ITEMS FOR DECISION - REGULAR AGENDA A. Presentation and request from John Delconte of the Hillsborough Arts Council 7 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 80f32 8:23:03 PM Richard Hicks, a member of the Hillsborough Arts Council, noted that they would soon be kicking off the 9th season of Last Fridays. He said Last Friday's were successful through the dedication and hard work through the volunteer base of the Arts Council. Mr. Hicks said the event had grown, as well as the work involved, and had now grown beyond the capabilities of the volunteer base. He asked the Town Board to become an official partner of Last Fridays, noting they were actively recruiting a professional to plan and carry out Last Fridays. 8:25:52 PM John Delconte, Chair of the Hillsborough Arts Council, noted that the letter provided to the Board detailed the Arts Council's request for annual financial support. He requested that the Town Board increase allocate $3,500 to support the program, and that it be allocated annually. 8:27:05 PM Commissioner Hallman agreed that Last Fridays was a signature Hillsborough event. He commented it would be helpful to understand what the $3,500 would be used for, and asked Mr. Delconte to provide that information to the Town when budget deliberations began. 8:27:33 PM Commissioner Dancy suggested that discussion should come forward when appropriations to nonprofits was discussed. Mr. Peterson said he had discussed the request with Mr. Delconte, and they needed to secure the funding prior to moving forward with hiring professional assistance. He said he had explained to Mr. Delconte that since they were not grouped with the other nonprofits in that they had their own line item in the Town's budget, then it would be possible to appear before the Board to make their request. 8:29:04 PM Mayor Stevens agreed it was a separate line item that did not involve the other nonprofits. He said he questioned if $3,500 was sufficient to move forward. Mr. Delconte said to move forward with current plans it was sufficient. He said if the event continued to grow, then needs would grow. He said the $800 they now receive from the Town went towards administrative expenses, so they were asking for an additional $2,700 to help sustain the program. Mr. Delconte said about $2,000 of that would go towards a professional coordinator, and the other $700 would be used for miscellaneous Last Friday expenses. 8:30:06 PM Commissioner Gering remarked that he served on the Tourism Board, and that Board had been enthusiastic supporters of Last Fridays, but the benefits of Last Fridays was far beyond what the Tourism Board could handle. He said he would expect the Arts Council to be back before the Tourism Board during its grant cycle, and believed it was entirely appropriate that the Town feel some obligation to support Last Fridays. Mr. Delconte remarked they were suggesting a partnership with the Town. 8:30:59 PM Mayor Stevens commented that this event promoted tourism and provided something for citizens. He said it also fit in with what the Town Board had targeted as a priority, which was quality of life. Mayor Stevens said he believed it also promoted economic development for the downtown. He suggested that the Board work this request into the upcoming budget. 8 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 9 of32 8:32:16 PM Responding to a comment by Commissioner Lloyd, Mr. Delconte said that the current budget for Last Fridays was around $12,000. Mayor Stevens commented that was a bargain. 8:32:31 PM Commissioner Lowen said overall, the Town did not support such events as much as it might, compared to the Chamber of Commerce, for instance. He said if there was more the Town could do, he believed they should do it. Commissioner Lowen said Last Fridays should be more of a Town-sponsored event. He remarked that the Board needed to look more closely at tax dollars that were budgeted for all cultural events to make sure the Town was doing its part. Commissioner Lowen said he wholeheartedly supported the request. 8:33:43 PM Mayor Stevens said he saw full support from the Board, and directed the Town Manager to work this request into the budget. B. Discussion of potential review process and timeline for potential Boone/Collins project 8:34:08 PM Ms. Hauth said American Asset Corporation was very near to submitting a formal application for the annexation, zoning, and Master Plan for the Boone/Collins project. She said she would like to propose a process a small deviation from the Town's regular process to promote more dialogue between the Town and American Asset Corporation. Ms. Hauth said Town Attorney Bob Hornik had suggested setting up at least one meeting in advance of the actual submittal of the application to promote that dialogue. She said they wanted to ensure that conversation remained at the Master Plan in terms of the proposals for the program. Ms. Hauth suggested that the Board schedule a public hearing workshop at The Barn, which could handle a large number of participants. Ms. Hauth suggested that workshop be scheduled for late this month. She said the doors to the event could be open an hour in advance to allow the public to examine any drawings or other material that the applicant wanted to bring forward. Ms. Hauth said once the workshop was completed the Board could schedule a public hearing for March or later. 8:37:02 PM Commissioner Gering said he believed the idea of a workshop was a good idea and would benefit all participants. He said it would promote a two-way discussion that would promote more understanding about the project. Ms. Hauth said there had a lot of interest in the project already, and expected many people to want to hear the presentation. She said doing that in a more casual environment would allow people to have a better understanding and allow them to offer more valuable comments. 8:39:24 PM By consensus, the Board agreed to hold the workshop on February 22, and if The Barn was not available then February 27 would be the next choice. 8:41:32 PM Mayor Stevens said these dates were tentative, but determined that the Board was in agreement that the process as described was reasonable. 9 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 10 of32 8:42:09 PM Commissioner Lowen said it would be helpful during the workshop presentation to emphasize the process so that everyone would understand. Ms. Hauth agreed. 8:42:54 PM Mayor Stevens said this did not give much notice to the Planning Board, but this would be a dialogue between the Town Board and the Planning Board with public comment. He said we needed to be careful to make sure the public understood that this was not a public hearing, and that a public hearing would be held at a later date. Mayor Stevens said that needed to be carefully communicated. Mayor Stevens said this project had an ambitious schedule, and was moving forward faster than what we would normally see. He said they wanted to get this done right, as did the applicant, but he wanted to make sure that while being expedient that they also took the time to do what was appropriate and not a guarantee to meet a deadline. 8:44:47 PM Commissioner Gering said regarding the suggested dates for a public hearing, the County Commissioners were on the agenda for March 19, and the Assembly of Governments meeting was March 29. Commissioner Dancy noted that the TJCOG met on March 28. Commissioner Gering said that left March 21, March 22, and March 27. Ms. Hauth said she assumed the public hearing would be held in the Gordon Battle Courtroom, so they would need to check the County Commissioners' schedule. 8:45:50 PM Ms. Hauth said that would leave March 21, March 22 and March 27 as the preferred dates, and would check the availability of the courtroom. 8:46:33 PM Joe Dye, with American Asset Corporation, expressed his appreciation to the Board for their willingness to provide flexibility. He said he understood the comment regarding the need for careful deliberation and agreed with it. C. Update and discussion on assistance for water customers with exceptionally low water pressure 8:47:47 PM Mr. Peterson said the Town Board had discussed this issue at its retreat, noting there were areas of Town that experienced exceptionally low water pressure. He said there were approximately 40 homes with 30 psi or below, and individual booster pumps, costing between $1,500 and $2,000 each, at each individual home appear to be the only practical solution. Mr. Peterson said his recommendation was that the Town Board consider reimbursing qualified homeowners up to $1,000 to address the pressure issue. He said the homeowners would be responsible for having the booster pumps installed as well as any maintenance costs. Mr. Peterson said some residents of Myrtle Lane had expressed dissatisfaction with that proposal. He said one of the key issues he had weighed when looking at this was that if the Town agreed to pay 100% to address the pressure issue, it would not appear to be fair when a resident might experience a higher or lower psi than his neighbor. Mr. Peterson said the Town was meeting the minimum psi of 20, but that was quite low. He said if a resident were willing to pay the costs beyond the $1,000 offered by the Town including maintenance, then the Town would not be seen as giving them a "free ride" but rather was making a substantial contribution. 10 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 11 of32 Mr. Peterson said the recommendation was that the Board share any feedback tonight but also direct it to the Water Sewer Advisory Committee for discussion and recommendation. 8:51:38 PM Commissioner Dancy asked if it would help the customer to have an agreement where the Town would purchase the booster pump at a lower bulk rate and pass that savings on. Mr. Keel said he did not know if buying in quantity would result in a cost savings, but he could explore that. He said in general he believed the Town would not want to provide the equipment so that no liability would be born by the Town. 8:53:40 PM Commissioner Gering said it was probably not a case of "one size fits all" and property owners may choose to buy a more expensive or less expensive model and choose to do it at different times. Mr. Peterson said they could explore prices with vendors, and then ask homeowners if they would be willing to consider purchase pumps through the Town. Commissioner Dancy said she wanted to explore all options available to help the homeowners. 8:54:43 PM Commissioner Gering said he was curious if the modeling took into consideration developments that had not yet been built, and if any of those developments might need to participate in such a program. Mr. Keel said he would write into any policy that homes that were completed by a certain date would be included, but others after that date would be excluded since the booster pump should be built into the cost of the home. 8:56:23 PM Mayor Stevens said he was comfortable if the Board so chose to recommend that the Water Sewer Advisory Committee look at this issue and say that the Board agreed with a time limited policy and some sort of shared cost, and have the Water Sewer Advisory Committee make a recommendation. 8:56:54 PM Commissioner Gering said there had been mention of making some accommodation regarding water rates for the interim period until pumps were installed. He said he was not in favor of that. Commissioner Gering said if this was an incentive to fix the problem, then it lessened the incentive to offer reduced water rates. Mr. Keel added it would also be administratively difficult to amend the billing system to accommodate that. 8:57:42 PM Mayor Stevens agreed they needed to keep it simple for all parties. He said they were acknowledging that they were doing some systemic corrective action that would contribution to the correction of the problem, but it would be a shared action. D. Consideration of a resolution accepting a Strategic Growth Plan and calling for preparation of an interlocal agreement 8:58:21 PM Ms. Hauth provided a brief description of the items located in the agenda packet, including written comments from the Water Sewer Advisory Committee, a letter from the Village Project, and a letter from Brian Dobyns. She distributed other materials, noting that the Orange County Planning Board had readopted their previous recommendation in favor of the plan, although the vote did change slightly to reflect the continuing concerns of one Board 11 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 12 of32 member about the process and timing of the release of information. Ms. Hauth said the Town's Planning Board recommended the attached resolution and map at its meeting last month. 9:01:14 PM Roger Waldon the Town's consultant with Clarion Associates, provided a PowerPoint presentation, said what was before the Town board tonight was a resolution that would do four things: . accept delivery of the report and the data and ideas it contained; . accept the attached map as an outline for growth management now and in the future; . it would set in motion the drafting of an interlocal agreement with Orange County to place some of these ideas into practice; and . it would declare the Town's intention to invite Orange County's comments as the Town was preparing its internal land use plan for this area. Mr. Waldon went through the slides quickly, noting that many of them had already been exhibited to the Board. He reiterated the goals of the Strategic Growth Plan and the defined areas of interest. Mr. Waldon noted they were very attentive to the regional context throughout the process, and had been sensitive to the water issue throughout the process. He said transportation constraints had been discussed, with the key point being that Churton Street was over-capacity and that any additional residential development to the north would exacerbate that due to the key destinations south of Town. Mr. Waldon said they had looked at the land available for development and alternate scenarios for that land. He said the main conclusions that grew out of that were to focus residential development to the south, pull in or reduce the utility service and annexation areas, take advantage of the interstate access for those growth drivers to the south, encourage mixed-use development, and coordinate with the rural buffer established by Chapel Hill and Carrboro south of the Town. Mr. Waldon said clearly what was emerging was a picture of how Hillsborough fit into the larger picture of Durham and Orange Counties. He said they began to look at how land use might happen within the area, and quickly decided that that needed more discussion. Mr. Waldon said general principles needed to first be established, then go back and look at parcel-by-parcelland use. Mr. Waldon said regarding the need for an interlocal agreement, Hillsborough needed to have control of its future and have control over the designs and regulations that applied to developments that would become part of the corporate limits of Hillsborough. He said the Orange County Commissioners had indicated a willingness to work on that kind of interlocal agreement. Mr. Waldon said since the public hearings there was clear support for these concepts and ideas. He said Phase 1 would be where we were now, that is establishing the general principles and a general map, but backing away from the parcel-by-parcelland use designations. Mr. Waldon said the next steps would be to negotiate and execute an interlocal agreement, then Hillsborough 12 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 13 of32 would need to revise its Land Use Plan for the areas to be controlled by the Town, Orange County would need to revise its Land Use Plan for the areas that would be controlled by Orange County, and then part of the interlocal agreement would be for Orange County to adopt Hillsborough's regulations for application in those areas to be in Hill sb orough' s jurisdiction. Mr. Waldon displayed the proposed map created based on those principles. He said it was more general with broader lines and not parcel specific. Mr. Waldon noted that the white area on the map was the area where water and sewer was not likely to be extended. He said their recommendation was that the Board consider adopting the resolution, and it was their hope that both the Town Board and the Orange County Commissioners would adopt it and then more forward with negotiating the details of an interlocal agreement. 9:15:39 PM Joe Phelps said there were some valid concerns about what was actually done. He said the map could be construed as a document that could not be changed later. Mr. Phelps said the current map was dated January 16 and had never been submitted at a public hearing. He said one concern was that people thought that all of the area in orange on the map would eventually be annexed, and if that happened people believed that services would be provided to it so they had high hopes. Mr. Phelps said that needed to be clarified so that it was understood what would and would not happen. Mr. Helps said the other concern people had was that the map suggested that areas outside the lines that Hillsborough did not represent was under the jurisdiction of the County but that Hillsborough was saying what it did and did not what to have happen to that land. He suggested that it be clarified in the resolution that this map was a planning tool only. 9:20: 17 PM Commissioner Hallman said he wanted to relay the concerns of the Water Sewer Advisory Committee to the Board. He said one concern was that when the Town did go about drawing the boundaries that there be consideration given to the existing water and sewer facilities and that there be a mechanism that those areas outside the boundaries that currently had water and sewer services that there be a case-by-case review to determine if it made financial sense to the Water and Sewer Fund that if extensions could be made beyond the boundary limit where they were already close to existing water and sewer lines. 9:21:41 PM Mr. Hornik said it was his understanding that the resolution was intended to be a framework for starting the negotiation for an interlocal agreement, and not as establishing what the terms of that agreement should be. He said the resolution was a starting point for discussion, and it was not intended to say that the proposed map was the final map that would be included in the final agreement. Ms. Hauth agreed that was correct. Mr. Hornik said the resolution was a staring point, not an ending point, and provided flexibility. 9:23 :07 PM Commissioner Dancy agreed, noting that the resolution said preparation of "a map," so it implied that some other map would be created after negotiations were completed. 9:23 :39 PM Commissioner Hallman pointed out that the last "Whereas" on the first page stated that "a map" had been prepared and attached to the resolution that suggested general areas. He said the map attached was suggestion those general areas, and adoption of the resolution did 13 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 14 of32 not tie the Board to anyone map. He asked if the final map prepared after negotiations would then go before the public for comment. Ms. Hauth stated it would have to, noting there would be a variety of legislative actions that both Boards would need to make to turn any map into reality. She said it was all subject to public hearing notices and legislative actions by the two boards. 9:24:41 PM Commissioner Lloyd said there were two members on the Water Sewer Advisory Committee who thought the definitions that went with proposed map would be that way forever once adopted. She said Jeff Gledhill, the County Attorney, had said that when the two boards' membership changed it would not be unusual for the map or the definitions to change. Commissioner Lloyd said that had caused concern for the two members of the Water Sewer Advisory Committee, causing one of them to resign from the Committee. Commissioner Lloyd said there was also concern that the map indicated that one person would have water and another would have no hope of water even though their well no longer was viable and they were only ten feet away from a service line. She aid that was ridiculous, and believed that more flexibility needed to be used. 9:26: 17 PM Mayor Stevens said they all wanted something that would be flexible yet solid enough that people could count on it. 9:26:37 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to approve the resolution and direct staff to pursue actions as set out by the resolution. Commissioner Hallman thanked the consultants for doing an amazing job and all their hard work was appreciated. He said there was much information associated with this and as they proceed he hoped many people would have a chance to see and understand it. Commissioner Hallman said he was pleased with the process, and there was a lot of work to be done to educate citizens on the process and get more comments. The motion was adopted by a vote of 5-0. The motion was declared passed. E. Consider award of Tuliptree Sewer Extension construction contract 9:27:59 PM Mr. Keel noted that the actual bids were provided in the agenda packet, with six contractors bidding. He said four of the six bids were close together, and the low bidder was HB West, Inc. Mr. Keel said they needed to move forward with Phase 1 because of the construction of the Habitat homes, and HB West was the low-bidder for Phase 1 and the combined bid for Phases 1 and 2. He recommended that the town Board approve the contract for Phase 1, but the big question was whether or not. Mr. Keel said the Manager had attached information indicating how that could be paid for it if the Board chose to do that. He said if the Board had intentions to annex that area and provide services to more of that area besides just the 18 Habitat lots within the next few years, it would likely be in the Town's best interest to go ahead and install all sewer now. Mr. Keel said if the 14 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 15 of32 Board did not intend to annex anytime soon, then Phase 1 would be adequate to serve the Habitat homes. Mr. Keel said there was a map included with some additional lots that Habitat was considering purchase of. He said all of the lots that had road frontage would be serviceable by Phase 2 of this project. Mr. Keel said Phase 1 would take all the lots noted as under development. He said the other lots available, if the were actually touching those roads, could be served by Phase 2. Mr. Keel said the three bigger parcels behind the parcels on Locust Street, if developed, would have to flow in a different direction and could not be served by either one of these sewer lines. He said there would have to be additional sewer lines and he would recommend that if those three lots were developed that the Town Board would require that they put in their own sewer. Mr. Keel said those lots could be served by a gravity sewer line or by a shorter sewer line with a pump station. 9:32:23 PM Commissioner Lowen stated that Habitat had indicated they had not made any firm decisions about the additional lots because of concerns such as that. He wondered if the board would be "jumping the gun," adding it might be better to wait and see if those lots were developable, or wait until they were approached by Habitat. Commissioner Lowen said a portion of that land may not be in Habitat's best interest due to topography issues. He said it night not be a good investment for the Town to proceed with Phase 2 right away. 9:33:47 PM Commissioner Dancy said she understood about the costs, and that if they waited and did it later it may cost more. But, she said, if they did not have a solid commitment from Habitat then they should not considerate it. 9:34:54 PM Commissioner Lowen said the individual pump stations would cost $80,000+. He said he had concerns that if they put the sewer there it should be available for all the lots, not just the Habitat lots. Commissioner Lowen said all the lots may not be used by Habitat but sold to someone else, and he still had concerns about road access back there with only one way in and one way out. 9:35:41 PM Commissioner Hallman said one of the big costs was road continuation to Tulip Tree. He said he would like to have all of these costs considered. 9:36:07 PM Commissioner Gering said he saw many unknowns here, but if there was a significant probability that they would eventually develop these lots, supply services to it and doing the road improvements, then we would be "penny wise and pound foolish" to look at the near term financial impact. He said this was more of a strategic decision, and the cost savings of doing it now were likely significant. Commissioner Gering said if they delayed construction another year they would miss another cycle for grants, and believed they were looking too much at the short term. He said the numbers were significant, but not outlandish if you looked ten to twenty years out. 9:37: 17 PM Mr. Hornik stated he did not know if Habitat had a contract for any of that property. He said his concern was once the Town committed to putting water and sewer out 15 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 16 of32 there then the property would become more valuable to the owner and perhaps priced out of Habitat's reach. Mr. Hornik said they may wind up getting development out there that we had not anticipated if Habitat did not have the property under contract. 9:38:20 PM Commissioner Hallman asked what did of time considerations were they dealing with regarding Phase 2. Mr. Keel said he believed bids were good for 60 or 90 days, so they did not have much time to wait. Commissioner Hallman said he wanted to agree with Commissioner Gering that looking long term made sense, but with this added twist he had concerns. 9:39: 12 PM Mr. Hornik said if it did not make a difference to the Town who owned the property, then it did not make a different whether Habitat had it under contract or not. He said if it did make a difference to the Town, then it was something to consider. 9:39:26 PM Commissioner Lowen said he did not disagree with Commissioner Hallman. He said along those same lines, if they waited much longer to build a Town Hall campus the more expensive it would be. Commissioner Lowen said he still had the same concerns about the property. He said that was not a small piece of property, and he would really like to receive an update from Habitat on its status. 9:40:15 PM Commissioner Dancy commented that they wanted to maintain affordability, since they were talking about affordable housing. Mr. Peterson said there was not right or wrong answer. He said there were some topography concerns with the three lots. Mr. Peterson said they could ask Mr. Keel to talk with the contractor and relate that the Town needed more time to decide on Phase 2, but to begin with Phase 1. He said they could then let Habitat know that they had 60 or 90 days to decide about Phase 2. Mr. Peterson said it appeared to him that Habitat was a critical component as far as the affordable component. He said the Town would not have committed to the project without Habitat and its reputation. 9:42:37 PM Commissioner Lowen asked that the Board vote on Phase 1, and to direct the Mayor or someone to have a discussion with Habitat to see where they stood. He said he believed that could be done fairly quickly. Mayor Stevens suggested voting on Phase 1 and requesting a 90-day rider from the contractor for Phase 2 at the same bid price. 9:43:38 PM Commissioner Hallman said he believed Commissioner Lowen's suggestion was appropriate. He said that land was always hard to find for organizations such as Habitat, but noted that Habitat boards were very aware of the social engineering that building an entire community of affordable homes, so you really wanted a mix of housing. He said if this were to generate the private ownership of other homes would be a positive thing from Habitat's perspective. 9:44:15 PM Commissioner Lloyd said she had grave concerns about annexing Locust Street. She said she did not want to take annexation out that far. 9:46:40 PM Upon a motion by Commissioner Gering, second by Commissioner Lloyd, the Board moved to proceed with Phase 1, and to direct the staff to consult with representatives from 16 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 17 of32 Habitat regarding their intentions on the available lots by a vote of 5-0. The motion was declared passed. 9:48:10 PM Mr. Peterson remarked that when they came back to the Board with additional information, he wanted the Board to keep in mind that he did not believe it was realistic to have 18 homes in the middle of nowhere, and not consider annexing those areas. He said he realized that area had problems, but did not believe those issues would improve until it came under the auspices of the Town. F. Review and Discussion of Draft Strategy Map and Balanced Scorecard Definitions 9:49:27 PM Mr. Peterson provided a brief overview of the outcome of the Board's retreat and direction to staff. He asked the Board for any suggestions or changes to be considered on verbiage, layout, the strategy map or any aspect of the material. Mr. Peterson said he had tried to draft the definitions of the five strategic priorities and then the four different perspectives to create definitions on each objective. Mayor Stevens said everyone had done good work on this, and thanked the Manager for his dedication to it. 9:51:11 PM Commissioner Gering commented that the preface stating the Board's vision and priorities was powerful, and believed it should be published in many other places, such as the Strategic Growth Plan, the Cornelius Street document, and others that should be referenced back to their core values. He said that should be publicly prominent, and should be placed on the web site. Commissioner Gering said it should be foundation of all of their strategic planning. G. Discuss "Hot Topics" for the February 26, 2007 Workshop 9:52:21 PM Mayor Stevens commented that one thing on that agenda was having members of the ----DONNA - THE MAYOR'S STATEMENT WAS INAUDIBLE. HE SAID SOMETHING ABOUT HA VING MEMBERS OF SOME BOARD BE FIRST ON THE AGENDA ON THE 26TH. 9:53:09 PM Commissioner Lloyd asked how much time would be allowed to talk about that. Mayor Stevens said probably around 30 to 45 minutes. Commissioner Lloyd asked if there were any Planning items to be discussed. Ms. Hauth said that meeting would occur immediately prior to or immediately after the workshop with American Asset Corporation. 9:53:47 PM Commissioner Hallman asked if the Board would want to discuss how to respond to citizen postings from the website. Commissioners Gering and Lowen said it was worth talking about and it should be added to the agenda. 9:54:35 PM Commissioner Lowen said if the staff had the opportunity to talk with representatives from Habitat then that might be added to the agenda as well, and perhaps voted on. 17 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 18 of32 Consent Agenda Item 9.H. Discussion regarding the Town Board's concerns about the commitment to tennis courts as a priority in the Fairview Public Campus Master Plan 9:55:15 PM Assistant Town Manager/Public Works Director Demetric Potts reminded the Board that in December they had approved the Fairview Public Campus Master Plan with the proviso that the Mayor communicate with Orange County that there was some concerns about the tennis courts. He said at the Board's January meeting the Parks and Recreation Commission had asked the Board to reconsider that recommendation. Mr. Potts said the County Commissioners were awaiting an official statement form the Town Board saying they had no concerns with that so that the County could move forward as they had intended. 9:56:01 PM Commissioner Hallman reminded he Board that the Parks and Recreation Board had discussed this and had asked this Board to remember that this was a regional park, and the tennis courts were put in the plan to serve the entire region. 9:56:18 PM Commissioner Lloyd asked how many tennis courts were proposed. Mr. Potts said he believed there were three. Commissioner Lloyd said she believed that was appropriate. 9:56:38 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd the Board moved to adopt the Fairview Public Campus Master Plan as originally proposed by a vote of 5-0. The motion was declared passed. Added Item on Parking - Commissioner Gering 9:56:57 PM Commissioner Gering said he had received a letter from friends and neighbors who were concerned about the parking requirements in the zoning Ordinance. He said they had provided information that said for a parcel in Hillsborough that required 501 parking spaces, in Chapel Hill it would require 240 and in Burlington 329. Commissioner Gering said the concern was that the Town's parking requirements were overly generous towards automobiles, and that they should consider that in advance of the zoning rewrite, especially when talking about large tracks such as the Boone/Collins property. He said if it were not addressed now they could end up with seas of asphalt. Commissioner Gering said if the Board agreed that that was a concern, then he suggested passing the letter to Ms. Hauth for discussion by the Planning Board and possible action. 9:58:16 PM Commissioner Hallman said he agreed, noting he had the same concern about building huge seas of asphalt and encouraging automobile traffic rather than pedestrian traffic. 9:58:42 PM Ms. Hauth commented she had received the letter, adding that the citizens had filed their $50 application for a text amendment. She said it would be on the April agenda. 18 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 19 of32 11. CLOSED SESSION A. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3) to meet with Town Attorney regarding current Litigation Robbins v. Town of Hillsborough (Asphalt Plant) 9:59:09 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to enter into Closed Session by a vote of 5-0. The motion was declared passed. Upon returning to Open Session, and upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the Board directed Town Attorney Bob Hornik to present a reimbursement check as discussed in Closed Session for the Lou Hayes Nuisance Abatement case by a vote of 5-0. The motion was declared passed. The Board took a short break. 12. ADJOURN Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to adjourn the meting by a vote of 5-0. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, MMC Town Clerk 19 February 12, 2007 Regular Meeting Approved: March 12,2007 Page 20 of32 20 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 21 of32 21 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 22 of32 22 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 23 of32 23 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 24 of32 24 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 25 of32 25 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 26 of32 26 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 27 of32 27 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 28 of32 28 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 29 of32 29 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 30 of32 30 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 31 of32 31 February 12, 2007 Regular Meeting Approved: March 12, 2007 Page 32 of32 32