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HomeMy Public PortalAbout05-14-2007 Regular Meeting (2) May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 1 of 42 140 MINUTES HILLSBOROUGH TOWN BOARD May 14, 2007 7:30 PM, Town Barn PRESENT: Mayor Tom Stevens, Commissioners Frances Dancy, Brian Lowen, Evelyn Lloyd, Michael Gering, and L. Eric Hallman. STAFF: Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Demetric Potts, Town Clerk/Personnel Officer Donna Armbrister, Planning Director Margaret Hauth, Town Engineer/Utilities Director Kenny Keel, Police Captain Judy Jacobs, Finance Director Greg Siler, and Town Attorney Bob Hornik. 7:34:05 PM Mayor Tom Stevens called the meeting to order. 1. PUBLIC CHARGE 7:34:14 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 7:34:50 PM Mayor Stevens asked Town Attorney Bob Hornik to address the appropriateness of receiving comments on Bellevue Mills or Tryon Street parking this evening. Mr. Hornik remarked that the public hearings on both issues had been closed, and it would not be appropriate to accept additional comments, and in fact could put the Town Board in legal jeopardy. He said the only appropriate comments should come from the Town Board asking questions of the applicant regarding specific aspects of the application for clarification purposes since they were now at the deliberation stage. Mr. Hornik said the only way the Town Board could not subject itself to legal jeopardy was if there was new, significant reasons for changing the plan and therefore warranting reopening the public hearing. 7:36:40 PM Mayor Stevens said it was important for everyone to understand the process, noting he would not be calling on those who had signed up to speak on items whose public hearings had been closed. Mr. Hornik added that this was not a Town Board rule; rather it was dictated by State statutes. 3. AGENDA CHANGES & AGENDA APPROVAL 7:38:11 PM Commissioner Hallman requested to move Item 8G to before 8D. Commissioner Hallman requested also that Item 8J be moved before Item 8H. 1 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 2 of 42 7:38:52 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the agenda as amended by a vote of 5-0. The motion was declared passed. 4. COMMITTEE REPORTS 7:39:09 PMCommissioner Gering reported that he was a member of a delegation from Orange County, Chapel Hill-Carrboro, and Chatham-Pittsboro who had met with Representative David Price regarding concerns about Shearon Harris? noncompliance with the NRC regulations. He said it was a productive meeting and believed that the information learned had altered Representative Price?s opinion about the issue. Commissioner Gering said Representative Price had now requested an investigation into the adequacy of the NRC?s regulations regarding fire control. 7:40:18 PMCommissioner Dancy remarked that she and Mayor Stevens had participated in a tour last week regarding connecting tourism among the three area towns. She said the tour highlighted the history of the area. Commissioner Dancy said she, the Mayor and the Town Manager had also attended a legislative breakfast with Representative Price. Commissioner Dancy said the NCLM had sent its budget to the Legislature and suggested the Town Board might want to look at it on-line, noting there were some interesting aspects to be considered. 7:41:59 PM Mayor Stevens said he had attended the Town Hall Day and talked with several legislators, primarily regarding encouraging mental health issues as well as items on the NCLM budget regarding infrastructure. 7:42:34 PM Commissioner Hallman reported that the EDC had met last week, and noted that Chatham County had lured their EDC Director, Diane Reid, away. He said the EDC had met and was concerned about a transition plan to keep momentum going. Commissioner Hallman said the EDC would like to have active participation in the selection process, and had made that request to the County Manager. Commissioner Hallman said he would attend the County?s luncheon with DOT Division 7 engineers this week to discuss smaller projects within the County. He said he would also ask about the status of particular in-Town projects. 5. REPORT FROM THE TOWN MANAGER 7:44:26 PM Town Manager Eric Peterson said the Town?s Assistant Town Manager and Public Works Director, Demetric Potts, had resigned to take the position of Public Safety Manager for Wake County. He said a reception would be held next Thursday, and tonight was Mr. Potts? last official Town Board meeting. Mr. Peterson said Mr. Potts had done a remarkable job in his tenure with the Town and made many improvements and increased efficiency. He invited the Town Board and others to attend the reception for Mr. Potts. 2 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 3 of 42 6. DEPARTMENTAL REPORTS 7:45:48 PM Mr. Peterson said this was a new process, and could be amended if the Town Board wanted to do so. 7:46:18 PM Mayor Stevens asked if any departments had issues that needed to be highlighted at this time. He said that written reports had been provided, and asked if any of the Town Board members had questions or remarks on those reports. 7:46:21 PM Commissioner Gering asked Town Engineer/Utilities Director Kenny Keel if the Town Board would be seeing the proposal from the Water Sewer Advisory Committee again regarding Stage 2 regulations. Mr. Keel said there had been some minor changes and it would be coming back to the Town Board soon. Commissioner Gering said he would email Mr. Keel some comments regarding that. 7:47:23 PM Mayor Stevens remarked that this new process was different in that rather than having each department head offer a report, the reports were submitted in writing and the Town Board would ask questions when needed. He added it was an effort to streamline the agenda and make more efficient use of time. 7. ITEMS FOR DECISION ? CONSENT AGENDA A.Consideration of Approval of the Minutes of the March 22, 2007 Joint Public Hearing, the March 26, 2007 Monthly Workshop; the April 9, 2007 Regular Board Meeting; and the April 9, 2007 Closed Session B.Consideration of Adoption of Ordinance to amend Town Code Chapter 4, Section 4-57 Retirement Benefits to delete the Medicare Supplement offer C.Consideration of Approval of a National Tourism Week Proclamation D.Consideration of Approval of various Budget Amendments E.Consideration of Resolution to the Board of Orange County Commissioners requesting that Dave Remington be appointed to a second term on the Planning Board F.Consideration of Proclamation proclaiming May as National Disability Awareness Month 7:47:31 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to approve Consent Agenda Items A-F by a vote of 5-0. The motion was declared passed. 8. ITEMS FOR DECISION ? REGULAR AGENDA A.Consider endorsing the 10-Year Plan to End Homelessness in Orange County 7:47:53 PM Planning Director Margaret Hauth noted that Tara Fikes and Nathan Milian from the Steering Committee were both present and wanted to provide brief comments. 3 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 4 of 42 7:48:20 PM Tara Fikes, Orange County Housing and Community Development Director and Nathan Milian, Steering Committee Co-Chair addressed the Board. Mr. Milian presented the Partnership to End Homelessness Committee?s plan. He said the Plan had been completed in March, noting the main focus of the plan was to end chronic homelessness, but did so in a way that did not neglect the needs of all homeless people in the community. 7:49:59 PM Ms. Fikes commented that the Steering Committee had been working for 16 months to develop the 10-Year Plan, and described the various community participants. She stated that when they spoke of chronic homelessness, they were specifically speaking about homeless individuals who had disabling conditions who had been homeless for more than a year, or disabled individuals who had had up to four episodes of homelessness in the last three years. Ms. Fikes said the Plan listed five goals: reducing chronic homelessness; increasing employment opportunities; preventing homeless; increasing access to services for person who may find themselves homeless; and increasing public participation in ending homelessness. She said the Plan described the tactics to be used to reach these five goals. 7:51:43 PM Mr. Milian said crucial to the implementation of the Plan was the hiring of a Plan Coordinator. He said that Orange County Commissioner Moses Cary, a co-chair of the Steering Committee, had sent a letter to the Town Board to request its financial participation. Mr. Milian said the cost of that position was estimated at $60,000, and they were proposing that expense be prorated on a population-based formula. He said the Town?s share would be $3,000, and asked that that amount be placed in the Town?s 2007-2008 budget. Mr. Milian also requested the Town Board?s cooperation by appointing a member of the Town Board to serve on the executive team that would oversee and monitor the Plan Coordinator position. He said they considered both of those requests to be crucial to the success of the Plan. 7:53:00 PM Commissioner Hallman stated that the Executive Committee and the staff had done an amazing job, noting the great amount of work that had gone into producing the report. 7:53:27 PM Mayor Stevens asked if approval of the Plan was being requested tonight. Ms. Hauth said endorsement of the Plan was being requested. 7:53:32 PM Upon a motion by Commissioner Gering, seconded by CommissionerDancy, the Board moved to endorse the concept of the 10-Year Plan to End Homelessness in Orange County by a vote of 5-0. The motion was declared passed. Commissioner Gering noted that the request for funding would be decided during budget deliberations. Mayor Stevens agreed that the Board had endorsed only the concept of the Plan. 7:54:48 PM Commissioner Hallman volunteered to serve on the Executive Committee, and Mayor Stevens volunteered to be act as his alternate. 4 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 5 of 42 B.Triangle Transit Authority ? regarding the process of re-evaluating transit priorities for the future 7:55:29 PM Damien Graham, Government Affairs Manager with TTA, provided an overview of services provided by TTA and spoke about congestion issues faced within the region. He also spoke about a process underway that including forming a new commission that would hopefully address some of those congestion issues. Mr. Graham touched on the highlights from the PowerPoint presentation, including from where its funding was derived. He provided information regarding TTA?s ridership and how it compared nationally, as well as some programs promoted by TTA in an effort to reduce the number of private vehicles on the roads. Mr. Graham provided information regarding the 14,000 different carpools organized last year, which was a 645% increase from the previous year. 7:59:43 PM Mr. Graham said the landscape of the Triangle?s transportation challenges were changing, noting that growth and congestion were the top concerns. He said the area had grown by 10% since 2000, with close to 47,000 new people relocating there. Mr. Graham provided information regarding the increases in vehicle miles and commuting time, adding that a 300% increase in travel demand was expected over the next 25 years, with only a 50% increase in road capacity planned. Mr. Graham described the regional challenge and TTA?s role in the regional solution. He gave an overview of TTA?s assets that would be committed to finding solutions to these issues, including the assistance of other organizations. Mr. Graham noted TTA had formed a partnership with the Cherokee Investment Group based in Raleigh, a national leader in transit- oriented mixed-use development. He said Cherokee had agreed to build its mixed-use facilities at the different transit locations along the corridor, which would obviously help TTA increase ridership and with TTA being an equity partner. Mr. Graham said as the Town Board made decisions regarding mixed-use facilities it was important to think about transit and walkable communities. 8:06:23 PM Mr. Graham said as far as next steps, a commission had been formed called the Special Transit Advisory Commission who met for the first time on May 2. He said the charge of that commission was to come up with what was next; that is, what the major investment would be for this area, where it was going to go, what it was going to look like, and most importantly how they were going to pay for it. Mr. Graham said that TTA was supporting that Commission with its resources and expertise, and would stand ready to implement changes. 8:08:28 PM Mayor Stevens said there was a great deal of interest in a rail corridor particularly with the large and proposed development in the area. He commented that the transit line running from Hillsborough to Chapel Hill was getting good use. 5 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 6 of 42 8:09:17 PM Commissioner Hallman thanked Mr. Graham for the route that ran from Hillsborough to UNC Hospitals. C.Consider request from Parks and Recreation Board to formally open the lands surrounding Lake Ben Johnston as Kings Highway Park 8:10:22 PM Ms. Hauth noted a letter from Bryant Warren, Chair of the Parks and Recreation Board, had been provided with tonight?s materials, as well as map that showed a conceptual plan laid out for the 18 acres owned by the Town and split by Ben Johnston Road. She stated that the Town had authorized three Eagle Scout projects at that location in recent years, and the Parks and Recreation Board was requesting that the site be formally opened as a public park. 8:11:07 PM Mayor Stevens asked was there any reason why they would not want to open the site as a park. Ms. Hauth said it would have impacts on Public Works for maintenance and on the Police for patrols. 8:11:55 PM Mr. Peterson said it was important to remember that this and other projects did have price tags associated with them, and as they added more and more it would place greater demands on resources, particularly the Police Department. 8:12:37 PM Mr. Hornik stated he recalled several years ago after a series of complaints that the Town Board had decided to place ?No Trespassing? signs on that site to discourage the activity that led to those complaints. He said those same sorts of issues might need to be address if the property were opened to the public. 8:14:02 PM Ms. Hauth said as the trails became better defined and developed, it would be easier to tell where the entry points were and signage could be modified at that time. She said they received frequent inquiries from people who wanted to fish from the banks or use a canoe, which was okay as long as the boat had no motor. Ms. Hauth said those activities needed to take place in the right place and in a safe way. 8:14:06 PM Commissioner Gering stated his support for opening the site, and asked that the staff keep the Board informed about the costs involved. 8:14:29 PM Commissioner Lowen agreed, noting he supported every opportunity to open up areas for recreation. He said he was optimistic, but at the same time wanted to know what was involved and how much it would cost. Commissioner Lowen said allowing people to use the area, particularly the lake, may involve having a Parks and Recreation staff person oversee activities. He said he needed to know what was needed to make opening the site as a park a reality and how much liability the Town would be opening itself up to. 8:16:05 PM Mr. Peterson asked if signage would be placed that closed the site at dark. Ms. Hauth said that was correct, noting all parks were opened from dawn to dusk. She said the site would also be added to the Town?s insurance policy. 6 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 7 of 42 8:17:06 PM Commissioner Gering suggested proceeding with opening the park on a probationary status. 8:17:11 PM Mayor Stevens said he would say move forward but with due diligence, and if something were to happen that became a barrier, or that safety issues became problematic, then they would address them at that time. 8:17:35 PM Commissioner Hallman said he objected to doing this on probation. He said the site was a beautiful area, and the way to reduce abuse was to encourage people to use it. 8:18:11 PM Commissioner Gering said he had mentioned opening it on probation in order to discover how much it would cost the Town. He said he did not want to have to hire additional staff to monitor the area. Commissioner Gering said he did not believe they would know what the cost was until it had been opened for some time. 8:18:32 PM Commissioner Lloyd said she believed they needed to proceed carefully, and make sure the problems that had existed in the past did not happen again. 8:19:10 PM Mr. Keel said his only concern was that there was a road on the site that needed to be blocked off, noting that no vehicular access should be allowed. 8:19:41 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to open the park lands surrounding Lake Ben Johnson as Kings Highway Park by a vote of 5-0. The motion was declared passed. D.Presentation and Discussion of Proposed FY08-10 Budget & Financial Plan 8:31:35 PM Mr. Peterson provided a preview of what the Board should expect to see as far as the numbers go, although they may change slightly. He said he was recommending a tax rate increase of 1.5 cents, from 62 cents to 63.5 cents. Mr. Peterson said he was projecting a deficit of $35,000, which was much smaller than first estimated. He said they continued to have a strong Fund Balance, and a 1.5 cent tax increase was sufficient. Mr. Peterson in FY 09 and FY 10, they were projecting tax rate increases of 5 cents in each of those two years. He said no new positions were proposed. Mr. Peterson said one reason for the projected increases was a culmination of large ticket items they were committed to, such as Riverwalk, the Motor Pool, the Nash Street sidewalk project, and others. Mr. Peterson pointed out other key points of his budget proposal, and commented he was recommended at 2% cost of living allowance and fully funding the merit program for Town employees. He said he was also recommending a simple and basic adjustment to the merit program, which would add to the credibility of the program and the financial sustainability of the program in the future. Mr. Peterson said regarding health insurance, they had experienced a 1% decrease during the current year and expected another 1% decrease in the coming year. 7 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 8 of 42 8:37:31 PM Commissioner Lowen commented that a reduction in health insurance as almost unheard of. He asked if that was a 1% decrease in the Town?s percentage or the employee?s portion. Mr. Peterson said it was both. 8:38:14 PM Mr. Peterson provided an overview of capital and major projects, which included purchase of a new leaf truck, construction of the Motor Pool site, construction of the Nash Street sidewalk project, construction of Gold Park-Riverwalk and Riverwalk Phase 2, the Upper Neuse River basin Implementation Plan, continued funding for the update of the Zoning Ordinance, and preparation of interlocal agreements to implement the Strategic Growth Plan. He said the projects also included the purchase of a new ladder truck for the Fire Department, and fire station design and construction. Mr. Peterson said some long-term issues included park maintenance and construction, the shared maintenance with Orange County of the Fairview Park facility, and a new meeting facility to accommodate public hearing and other meeting needs. 8:44:24 PM Mr. Peterson remarked that as Waterstone grew and they knew the water tax revenue it would bring in, it would drive much of what they could or could not do. He stated that they were planning to do a more detailed study on annexation in the upcoming fiscal year, and planned to look at areas on the periphery of Hillsborough that it made sense to annex. Mr. Peterson warned that they may find that annexation would be good for the General Fund, but bad for the Water Fund. He said that would be an important debate for the Board to have. Regarding the Water and Sewer Fund, Mr. Peterson said he was recommending a 1% increase in water rates and a 4% increase in sewer rates. He noted that the financial plan projected rate increases of 2.5% for water and 6% for sewer each year. Mr. Peterson stated the FY 11 was being projected as the first year that significant debt service payments would start on the Wastewater Treatment Plant. He noted that the Wastewater Treatment Plant had eliminated a position this year through more efficiency and contracting out some services, resulting in some cost savings. Mr. Peterson noted capital and major projects associated with the Water/Sewer Fund, including the update of sewer and possibly water, capital facility fees, the Lake Ben Johnson Dam evaluation, the shared Motor Pool project, Wastewater Collection equipment needs, and Wastewater Treatment Plant design. He said long-term issues included the impact of debt service for needed Wastewater Treatment Plant improvements on rates and affordability of living in Hillsborough, balancing long-term water conservation needs to accommodate the appropriate amount of ultimate growth versus the need for additional customers to share cost burdens, and the potential impact of annexing existing customers outside of Hillsborough on in- Town customers? rates. 8 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 9 of 42 8:56:05 PM Mayor Stevens stated that not every local government had the projections and quality and the thorough summary that Hillsborough had, and commended Mr. Peterson on the work he had done. E.Receive Report from Summit Consulting Engineers regarding options for On- Street Parking on West Tryon Street 8:57:21 PM Assistant Town Manager/Public Works Director Demetric Potts noted he had provided some photos to the Board to give them a visual idea of alternatives proposed, and had also provided some information from Jean Fettig. He said that earlier this year the Town Board had adopted an Ordinance that allowed for the installation of ?No Parking? signs on the north and south sides of W. Tryon Street from N. Churton Street to 250 feet west. Mr. Potts stated that representatives from Hillsborough Presbyterian Church had requested that the Town Board revisit that issue and that staff investigate alternatives that would accommodate on-street parking on W. Tryon Street. He said similar requests had been received from Ray Dentistry on W. Tryon Street as well as the Museum. Mr. Potts said the Town had contracted with Summit Consulting Engineers who had provided three alternatives for on-street parking in that area; he then explained those three alternatives. 9:00:17 PM Jean Fettig, representing the Hillsborough Presbyterian Church, said the loss of on-street parking had proven to be a problem for the Church as well as groups using the Church, particularly the elderly. She stated they wanted to see both sides of the street opened for on- street parking, but if that was not possible they wanted to have at least the north side of the street for parking. 9:04:33 PM John Roberts said the parking situation in that area had always been a challenge, and requested that at least the north side of the street have on-street parking. 9:06:30 PM Dr. Ray, owner of the dentistry office, said she did not want to have active traffic in front of her office. She said having her patients park on the opposite side of the street and then cross over would be hazardous. Dr. Ray said she was not willing to give up part of her property as suggested by one of the alternatives. 9:08:41 PM Mayor Stevens said he walked and drove past this area regularly, and saw many families attempting to cross the street. He said traffic occasionally backed up in the area. 9:09:27 PM Commissioner Hallman asked if parking was considered only on the north side of the street would that change Alternative 3 per space cost. Mr. Potts responded that at least 10 spaces could be accommodated on the north side, at a cost of $1,000 per space. 9:10:09 PM Commissioner Gering asked whether Alternative 2 required taking some of Dr. Ray?s property. Mr. Potts said it would require about 3 to 5 feet with the right-of-way extending out. He noted that the Town had a six-foot right-of-way on W. Tryon Street. 9 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 10 of 42 Commissioner Gering said when walking by, it appeared to be Dr. Ray?s yard, but it was actually the Town?s right-of-way. Mr. Potts said that was correct. 9:10:40 PM Dr. Ray said it was not just a grassy area, noting there was only 12 feet from the road to the entrance to her office. She said if the Town took 5 feet of that, then it would be very close to her building. 9:11:14 PM Commissioner Gering asked Dr. Ray if she had a preferred parking area. He said she did not want people parking in front of her office, but she did not want people having to cross the street to get to her office, either. Dr. Ray said she did not want to have to give up any of her space, and would like to have a couple of spaces in front of her office. She said that prior to the road being improved, there was parking available. Commissioner Gering asked Mr. Potts to respond. 9:13:10 PM Mr. Potts said before the improvement project on W. Tryon Street there was a lot of erosion of the bank and cars were actually parking on that bank. He said to address the stormwater issues and the erosion problems it required that they put in a pipe and curb and gutter system. Mr. Potts said that had eliminated the cars parking in that area. 9:13:58 PM Dr. Ray said the erosion problem had existed in front of her office as well. She said that parking had been allowed on both sides of the road and did not understand why that had changed. 9:15:41 PM Commissioner Lowen asked if Dr. Ray had parking spaces behind her building. Dr. Ray said she had three employees that parked there, and there was not room to turn around. 9:16:34 PM Mayor Stevens said that Alternative 1 was carving out some curbing that was just installed. Mr. Potts said that was correct, and it would also add a retaining wall. He said a retaining wall was considered 2 years ago but it was too expensive. 9:17:18 PM Mayor Stevens said that Alternative 3 would not allow people to park any closer to Churton Street. Mr. Potts said no, it would be from the point of Sarah Brewer?s driveway extending towards Wake Street. 9:17:32 PM Mayor Stevens said essentially that would mean repairing and widening the street to accommodate parking that was already allowed. Mr. Potts said it was not disallowed, noting it was not designated parking. 9:17:47 PM Mr. Peterson said at least from an economic standpoint, getting 10 to 28 spaces for $1,000 per space in Alternative 3 was financially the most appealing and yielded the most spaces. Mr. Potts said if that Alternative was pursued they would not be addressing the interest that had been represented by the Church. He said the Church also wanted the area noted in Alternative 1 to be included. 10 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 11 of 42 9:18:52 PM Ms. Fettig stated they did not want the Town to have to undue the improvements already done. She said if they had no parking up to the entrance to the Town?s annex that would be fine. Ms. Fettig used photos to show where they wanted parking restored. Mr. Potts noted that what Ms. Fettig had demonstrated was Alternative 1. He said if an additional five feet of pavement were added it would allow parking on both sides, which was Alternative 3. 9:20:30 PM Mayor Stevens asked if Ms. Fettig was asking to allow parking essentially where the cemetery wall was located with the existing street as is. Ms. Fettig stated the street was not wide enough to accommodate the parking without extending the pavement on the south side to make the street wider. She said that would only entail moving the center line. Mr. Potts said the street was 26 feet wide, and they would need between 33 and 36 feet of pavement to allow the on-street parking. He said that would mean they needed an additional seven feet, which would put them in the Annex parking lot in that area and that was the most narrow part of the roadway. Mr. Potts said west of that, more pavement existed. 9:23:03 PM Mayor Stevens said what he was hearing was that even though cars had room to move through, the actual measurements did not meet the standards set out in the Code. Ms. Fettig said that was correct. 9:23:35 PM Edna Ellis asked about the possibility of providing reserved parking for patients of Dr. Ray, since those patients would need only short-term parking. Commissioner Hallman said the Town could not provide preferred parking to businesses. 9:24:59 PM Commissioner Lowen remarked the Town had spent a lot of money to improve that roadway, and here they were again begin asked to fix something they had thought was already fixed. He said each of the alternatives had a financial impact, noting that Dr. Ray did not favor Alternative 2. Commissioner Lowen said for him, Alternative 1 was out of the question. He said Alternative appeared to be the best solution, but even that would cost thousands of dollars. Commissioner Lowen said the Board wanted to be as business-friendly as possible and to accommodate the Church, but asked what would happen when a similar issue was brought forward in another part of Town. He said he did not know what the solution might be. Ms. Fettig commented that during the day the Church was landlocked, with no parking for deliveries or other uses. She said from the Church?s standpoint, when deliveries needed to be unloaded it was a problem. Ms. Fettig said it also presented a problem for elderly or disabled visitors to the Church during the day. 9:28:10 PM Commissioner Gering asked what was the problem with allocating two spaces in front of Dr. Ray?s office. Mr. Potts said the safety/sight issue was when Ms. Brewer exited her driveway and vehicles were parked in that area, she was unable to make a left turn onto W. Tryon Street. He said at that time parking was allowed on both sides of the street, Ms. Brewer did not have enough turning radius to make a left turn out of her driveway. 11 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 12 of 42 Commissioner Gering said that would not be the issue now if parking was allowed on only one side of the street. Mr. Potts said a safety concern would remain in that Ms. Brewer would be unable to make the turn because the vehicles would be partially in the roadway. He said if no vehicles were coming she could possible use both lanes to make the turn, but that was not safe. 9:29:53 PM Commissioner Gering said perhaps the Board should hear from Mr. Parker. He asked what would be the safety issue with allowing two spaces in front of Dr. Ray?s office, taking into consideration Ms. Brewer?s driveway. 9:30:21 PM Jim Parker, with Summit Engineering, agreed with Mr. Potts? assessment of the safety issue. He said with the width of the street as it was now, if cars were parked in that location there was not enough room for Ms. Brewer to get out and around those cars without using both lanes. Mr. Parker said as well, cars parking there would limit the sight distance. He said parked cars also needed room to open their doors and step out. Mr. Parker said just enough room for vehicles to pass and for cars to park was not enough room. 9:31:12 PM Commissioner Hallman asked if they also had a vehicle access issue. Mr. Parker replied if cars were parked on the north side, then absolutely. He stated they had tried to look at the issue from the reasonable standpoint of costs to provide additional parking. Mr. Parker said clearly Alternative 3 was the best option, but commented that vehicles were now being parked in the ditch so there was not a lot of positive drainage, especially on the north side. He said eventually that would create a problem. 9:32:19 PM Mayor Stevens agreed, noting it would create an erosion problem but that did not address the parking issue. Mr. Parker agreed, noting the idea was to pave an additional five or six feet to widen the road in certain areas and to allow for positive drainage. He said that may not be the best solution but it was a solution. Mr. Parker said the best solution would be to look at the entire street as far as curb and gutter and drainage, which would mean widening and more cost. 9:32:58 PM Mayor Stevens said it looked intuitively like there was room for additional parking, but there was a safety issue to consider. He said Alternative 1 was cost prohibitive, and Alternative 2 would impact the most people. Mayor Stevens wondered if perhaps 20 to 30 feet of roadway could be designated as a loading zone as opposed to a ?No Parking? zone. Or, he said, temporary parking could be allowed during particular events. 9:33:58 PM Commissioner Hallman said it appeared that there were other alternatives, and the budget issues needed to be considered as well. He suggested that this issue be added to budget discussions and in the meantime get additional information about all the alternatives suggested, including those suggested by Mayor Stevens and others this evening. 9:34:51 PM Commissioner Lloyd agreed that they needed to look at the entire issue in terms of the budget and in terms of safety. 12 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 13 of 42 9:35:36 PM Commissioner Dancy suggested that the issue be tabled and discussed during a workshop. Mayor Stevens agreed that the Board needed time to contemplate the different alternatives. 9:36:16 PM Mr. Peterson said the budgeting part of this issue was the easiest to address, in that the Board could decide how much it wanted to spend to solve the problem. He said from that point, the staff would determine what the best solution might be given the funds available. 9:37:09 PM Commissioner Hallman said he believed the Board might want to consider some short-term solutions, noting that the long-term solution was not the most fiscally responsible thing to do. M. Potts said for the staff, it would be helpful if the Board would identify or be willing to identify where they would like to see the parking if Alternative 3 was the chosen alternative. He said he would meet with Summit and identify what the long-term solution for allowing parking in that particular area might be. 9:38:50 PM Mayor Stevens determined that the consensus of the Board was to assume that Alternative 3 should be pursued. 9:39:21 PM The Board took a short recess, and reconvened at 9:45 PM. F.Consideration of a resolution authorizing the Special Use Permit for Bellevue Mill: 85 apartment units and parking on S. Nash Street 9:46:07 PM Ms. Hauth stated that several people had signed up to speak on this item, and at least one of those would be asking that the public hearing on this SUP be reopened to allow for more discourse regarding certain aspects of the application that may not have been clear during the public hearing. She said included in the packet were four resolutions to either approve or deny the application, as well as minutes from the Planning Board. Ms. Hauth said the Planning Board was recommending approval of the project, and the HDC was recommending conditions be attached to the approval related to tree preservation for the parking lot on Nash Street. She said the HDC had approved the Certificate of Appropriateness. 9:47:21 PM Mayor Stevens said he would like the Board to consider and hear opinions about whether changes in the plan were sufficient to reopen the public hearing. 9:47:38 PM Commissioner Gering disclosed that he had two telephone communications since the public hearing on this subject, and neither had influenced his decision on this application. 9:47:57 PM Commissioner Hallman disclosed he had received several telephone calls and emails, with no new information being offered. He stated he had not been influenced by those communications. 9:48:08 PM Commissioner Dancy disclosed she had received a telephone call at work today as well. 13 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 14 of 42 9:48:17 PM Commissioner Lloyd disclosed she had received a call, and had related to the caller that she would not accept any new information since the public hearing had been closed. 9:48:42 PM Mayor Stevens asked had there been changes to the plan such that would suggest reopening the public hearing. Ms. Hauth said the neighbors had related to her that their concern was that the details of the parking lot, particularly on Nash Street pertaining to the setback, had shifted. She said it appeared that the edge of the parking lot had shifted relative to the property line in order to preserve the tree. Ms. Hauth said the degree it had shifted was back away from the property line so that the setback which had been about 10 feet became almost exactly on the property line. She stated that the number of parking spaces had not been increased, nor was parking added where there had been no parking before. Ms. Hauth said there was a parking lot there today, and it was proposed to continue to be a parking lot. She said the concern was the difference in the setback and how far it was away from the property line. 9:50:44 PM Mayor Stevens said he recalled there was a long discussion by the HDC and an effort made to reach some accommodation, but did not believe there was a consensus. Ms. Hauth said it was her understanding that there was not necessarily consensus from the neighborhood that the approved plan by the HDC was the desired plan. 9:50:51 PM Mayor Stevens said that included that there were some setbacks or even non- setbacks, so the parking lot would butt against the property line although that was an effort to save trees and create some buffer. 9:51:04 PM Mr. Hornik asked if all of the parking lot adjustments were made in response to comments made during the public hearing. Ms. Hauth replied yes, stating that the parking lot had been pulled back from where the current gravel was to allow a larger setback. She said based on comments from the public hearing to save the elm tree and other landscaping, the parking was moved closer to the property line. Mr. Hornik said he recalled the discussion about the elm tree and that the parking lot would need to be shifted to address that. He said otherwise, the plan was not changed. Ms. Hauth said that was correct, noting that the only changes that had been made were due to comments offered at the public hearing. 9:52:29 PM Commissioner Gering asked when it came to saving the elm tree and moving the setbacks, was public opinion accepted. Ms. Hauth said yes. Commissioner Gering said he was satisfied that sufficient public input had been received. 9:53:59 PM Mayor Stevens suggested they discuss the merits of the application. Ms. Hauth stated that the Planning Board had recommended approval of the SUP with conditions, including dumpster relocation, that finalized plans be provided to the Planning Board, that street improvements be made, that a mulch walkway be constructed, that the Town would maintain 14 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 15 of 42 the walkway not on the applicant?s property, that the offers from the previous neighborhood meeting would be honored, that the applicant redraw the parking lot on the east side to save the tree, and that the old dumpster location would become a parking area in the Nash Street lot. Ms. Hauth stated regarding the widening of the street, there was testimony from Neighborhood Watch members that they would like to have the pavement width uniformly at 18 feet for the entire length of Bellevue. She said Public Works had examined that issue, and had spot checked the width of the street. Ms. Hauth said every spot checked was at 18 feet, so it was unclear whether the width changed from 16 to 18 feet in particular areas. 9:58:18 PM Mayor Stevens said given that they did not know, could a condition be imposed to make sure it was 18 feet. 9:58:23 PM Commissioner Gering stated it would be a condition imposed upon the Town. Ms. Hauth agreed, stating that the applicant did not own the right-of-way. 9:58:33 PM Mr. Hornik said he believed it was something the Town Board could require of the applicant as a condition of approval. He said it was an appropriate condition because the applicant would be adding many trips per day to the road, and the road should be in sufficient condition to accommodate that increased traffic. 9:59:05 PM Commissioner Hallman said it appeared from the Planning Board comments that some minor costs would be the responsibility of the Town, and proposed that all of the added costs be the responsibility of the applicant. Mr. Hornik remarked that all of the work being performed at Waterstone was being performed by that applicant, and did not see this as being any different. He said these were improvements that were made necessary by this redevelopment, and the applicant responsible for that should be financially responsible as well. Mr. Hornik said it would be legal for the Town Board to impose that as a condition of approval. 10:00:16 PM Commissioner Gering stated that he believed the Traffic Impact Analysis was likely done with the belief that this was an 18-foot wide street. Ms. Hauth said the Analysis had noted that a number of the streets were narrow, and that had introduced the uncertainty of exactly what the width was of Bellevue. She said the Analysis referred to Bellevue as 16 feet wide, but the Town?s Public Works staff had measured it at 18 feet at several points. 10:01:14 PM Commissioner Gering asked for a summary of the trips per day, noting that 661 appeared to be a huge impact. Ms. Hauth said traffic impact was generated by the entire lot, so you had to look at it with all 85 apartment units considered. She said that resulted in a number and you then parceled it out based on the location of the access points. Ms. Hauth said that 661 was for the entire apartment complex, and that would result in about 10 trips per day per household. She noted that a trip to the store would result in a count of two trips, one going in and one going out of the driveway. Ms. Hauth noted that the one-bedroom units would not be family units, so the trips per day would be less. She said the trips per day were then distributed amongst the driveways for the 15 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 16 of 42 property, and the engineer?s estimate was that 65% of the traffic would come in off of Bellevue. Ms. Hauth said 65% of 661 trips was 429, with the remaining 172 trips coming in off of Nash Street. She said during the A.M. peak hour there would be 36 trips leaving the complex, with 23 trips on Bellevue with half turning left and half turn right onto Bellevue. Ms. Hauth said the remaining trips would be on Nash Street. Ms. Hauth said for the P.M. peak hour, the estimate was 42 trips into the site with 27 coming in off of Bellevue. She said that would result in seeing an extra car every two to three minutes during the peak hour along the length of the street if you lived on Bellevue. She said the remaining trips were spread out over the other 22 hours of the day. 10:04:02 PM Commissioner Gering asked Ms. Hauth to comment on the safety issue as referenced by NCDOT. Ms. Hauth said NCDOT had sent a comment letter that noted that none of the State roads from their perspective would be impacted, but did note that a number of Town-maintained streets included in the study were narrow, that is, less than 18 feet. She said the NCDOT letter encouraged the Town to consider lane widening on the adjacent Town streets to provide room for improved two-way traffic, operation, and safety. Commissioner Gering said that NCDOT had not declared the roads unsafe. Ms. Hauth said that was correct. 10:05:06 PM Mayor Stevens said it appeared it would be advantageous to have the length of Bellevue at 18 feet in width. He said that was the trade-off for increased development and hence increased traffic, and the Town should make sure that the streets were accommodating. Mayor Stevens said that would also provide for more pedestrian safety 10:06:27 PM Commissioner Gering said he believed the use of this property as a parking lot was the least impact of any conceivable alternative. He said his main interest was ensuring that the developer paid for any improvements, and that it be a successful project for the community. 10:07:27 PM Commissioner Dancy agreed that this development should not financially impact the Town, and the applicant should pay all expenses for improvements. 10:07:39 PM Commissioner Lloyd agreed that all expenses should be paid by the applicant. 10:08:02 PM Mayor Stevens asked if that was a condition the Board wanted to impose. 10:08:05 PM Commissioner Dancy said she would be in favor of that. 10:09:01 PM Commissioner Gering asked if the conditions to be attached to the application were those listed on page 2 of the staff report. Ms. Hauth said that the second page of the resolution for approval listed some special conditions, and described those conditions. She said other special conditions could be added. 16 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 17 of 42 10:10:01 PM Commissioner Dancy said she would like to see all of the Planning Board?s recommendations added regarding traffic improvement. 10:10:14 PM Commissioner Lowen asked if she wanted to include the recommendations of the Neighborhood Watch. Commissioner Dancy responded yes, but without the second one that referred to a sidewalk. Commissioner Lowen agreed, noting there was not enough room for a sidewalk. 10:10:28 PM Commissioner Hallman asked was there a way to incorporate speed tables if the neighborhood requested that. Mr. Hornik said they would have to make sure that the request met the standards as set out in the Town?s policy regarding such traffic calming measures, and that the applicant bore the cost 10:11:18 PM Commissioner Gering said the Town had a similar situation with Gateway and the construction of the stoplight. He said the arrangement was that the developer would put money in escrow so that when it was warranted, the stoplight could be installed. Commissioner Gering said there had been an expiration date attached to that so that the money would be returned if no stoplight was warranted in that period of time. He asked if such an arrangement would work in this situation. Mr. Hornik responded he believed it would. 10:12:09 PM Commissioner Lowen said that Mr. Potts had done an analysis of the cost of speed tables in Beckett?s Ridge. Mr. Potts said depending on the lift, the cost was around $7,500 to $8,500 per speed table. He said those estimates were about a year old. Commissioner Gering said an upper limit could be placed on the cost. 10:12:28 PM Commissioner Lowen said since two were requested, he suggested that a $20,000 contribution be held in escrow for a certain period of time. Mr. Hornik said it that was going to be made a condition, then the period of time would need to be identified. 10:12:51 PM Commissioner Lowen suggested three years. Mr. Hornik said the condition could read that the timing would begin after a Certificate of Occupancy was issued. Ms. Hauth suggested using a percentage of occupancy. 10:13:08 PM Mayor Stevens suggested that the applicant be asked for his comments. 10:13:12 PM Bruce Thompson, with Parker Poe and representing the applicant, stated he was concerned about placing money in escrow for some future aspect that may or may not be needed. He suggested that some other vehicle be used, noting it was unduly burdensome to ask the applicant to place $20,000 in escrow for two years. Mr. Thompson said a bond or letter of credit would have the same result without the applicant having to come up with $20,000 out of packet. He said then the payment could be made if and when it was deemed warranted. 10:14:19 PM Mayor Stevens observed that the Town Board members were nodding their heads in agreement. Mr. Hornik said it would not be unusual for have that financial security in such a form, noting the Town had done so in the past. 17 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 18 of 42 10:15:02 PM Commissioner Hallman said the other issue was the Town?s long-term maintenance of the mulch walkway not on the applicant?s property. Ms. Hauth said the applicant was willing to accept maintenance on their property. She said it was important to understand that there were two parcels there. Ms. Hauth said there was the parcel that was Bellevue LLC, and then there was the parcel that was where the more active industrial uses were, such as where Southern Season was located. She said they were two separate entities, but were essentially the same people. Ms. Hauth said one was the applicant, and the other was not. She said the applicant would maintain the mulch walkway on the property they had control over. Ms. Hauth stated that if the Neighborhood Watch was successful in obtaining easements from the two property owners on the corner, then that was where the applicant was not willing to accept maintenance responsibility, since they had no ownership interest in those properties at all. She said if the easements were obtained, then the Town would be the holder of those easements, which would then give the Town some ownership interest in maintaining a walkway. 10:16:25 PM Commissioner Lowen asked if the portion that was closest to the street at the corner was within the Town?s right-of-way. Ms. Hauth said if there was an approved easement, it would actually be outside the right-of-way on a new, separate, independent easement. She said most of the Town?s right-of-way was located on the opposite side of the street. 10:16:41 PM Mayor Stevens asked what would happen if the Neighborhood Watch was unsuccessful in getting the easements. Ms. Hauth said the pathway would end when it reached private property. 10:17:12 PM Mayor Stevens asked about the possible success of obtaining those easements. Ms. Hauth said she had no new information about that. 10:17:27 PM Mr. Hornik asked if the SUP application was for both the Mill property and the Southern Season property. Ms. Hauth responded no. Mr. Hornik said he wanted to make sure that maintaining the walkway on the Southern Season property was recorded in the change of title for that property. He said if it was recorded only in the SUP that was recorded for the Bellevue Mill property, if the Southern Season property were ever sold the new property owner would not have to maintain the easement. Ms. Hauth asked in order to ensure that there was a public easement across of these properties, wouldn?t there have to be the recordation of some document, which could be attached to the PIN for that parcel. Mr. Hornik said that would work. He said he wanted to make sure it was an obligation that was the responsibility of the owner of the land. 10:19:24 PM Commissioner Gering said if the Board was going to approve the application, then there were other conditions that should be considered. He said one would be the widening of Bellevue to 18 feet, and that some financial security would be offered for future traffic 18 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 19 of 42 calming such as speed tables if warranted. Mr. Hornik remarked that the condition should include language about the traffic calming policy triggering the need for speed tables, as well as what percentage should be used. Ms. Hauth suggested 50% of occupancy. She asked if the apartments would be counted in the trip number. Mr. Hornik said he believed they would have to include them. Ms. Hauth said there were driveways along the street that would be impacted, and the applicant was off the street and removed. She said they would be using the street, but wondered if the apartments should be included since they were off the street. 10:21:18 PM Mr. Peterson said the provisions for the speed tables would have be congruent with the Town Code. He said the reason they were regulated in the Town Code was because at lease one person on every street in Town wanted speed tables, and the Code was a financial control mechanism in that if residents of a street wanted it, they would be asked to cover the cost. 10:21:47 PM Commissioner Gering said the other point was that a large percentage of the people living on a street would have to agree to a speed table. Mr. Potts said that was correct, noting that 75% of the residents on a street would have to agree to a speed table. 10:22:27 PM Ms. Hauth said in that case, the residents of Bellevue would be the ones driving on the street and receiving the impact of the trips. Mr. Potts said at the appropriate time they would put out traffic counters and get the number of trips, then count that towards the number of residential units to see what number made the most sense. 10:22:56 PM Mr. Hornik said if the Board wanted to say the applicant had to provide the speed tables when warranted, then why bother with anything other than simply saying so. 10:23:10 PM Commissioner Gering said his concern would be if at the time speed tables were warranted, a majority of the neighbors might say they did not want speed tables. 10:23:21 PM Commissioner Hallman said for our purposes tonight, he agreed with the Town Attorney that they make speed tables a condition of approval, and if they were not warranted or wanted by a particular deadline, then the condition would expire. 10:23:50 PM Mr. Hornik suggested having the applicant post the financial security for the speed tables, which would either be installed or the financial security would be released at some point in time. 10:24:11 PM Ms. Hauth asked if the Board wanted to consider using a percentage of occupancy, such as the suggested 50%. 10:24:50 PM Commissioner Gering responded yes, because the neighbors needed to have some understanding of what the real impact would be. He said the conditions of approval should also require the maintenance of the walkway on the Southern Season property, a painted centerline on Bellevue, and construction of the crosswalks at Benton and Bellevue and Bellevue and Eno. 19 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 20 of 42 10:25:31 PM Mayor Stevens said in terms of the road widening and some other improvements, was that pre-construction or post-construction. He wondered about construction trucks possibly damaging the road. Ms. Hauth said issuance of a Certificate of Occupancy would require that all improvements be completed. 10:25:53 PM Commissioner Hallman asked how construction traffic would access the project. Ms. Hauth said the current entry would have to be used since that was the only way to access the back of the property. She added that the applicant would have to abide by the Noise Ordinance for the construction. Commissioner Hallman said his concern was with safety. 10:28:18 PM Mayor Stevens, responding to a comment from an audience member, stated that the Board had addressed the issue of whether or not reopening the public hearing was warranted, and the Board had indicated the HDC had already addressed the issues of concern. Ms. Hauth said she believed the speaker was referring to the fact that the property the parking was on was zoned residential, and a parking lot was not a permitted use in a residential district. 10:28:55 PM Commissioner Lloyd asked why the lot was permitted. Ms. Hauth said because the parking lot had always existed there, and the applicant had successfully argued before the Board of Adjustment that because they would continue to use the site as a parking lot, that the lot should be allowed to remain. 10:29:58 PM Commissioner Lowen moved that the Board approve the resolution granting a Special Use Permit subject to the special conditions affecting the 19.76 acres of land identified as 4.34.E.21, 21C, and 4.35.H.10, with the conditions as indicated by the Town Attorney. 10:30:33 PM Mr. Hornik said for clarification, the three conditions, a, b and c, already noted in the resolution would remain, as well as the five conditions that Commissioner Gering had outlined, which essentially were conditions 1, 3, 4, 5 and 6 from the West End Neighborhood Watch. 10:31:03 PM Commissioner Hallman seconded the motion. He said this was the least impactful use of this space, and believed that concerns about safety had been addressed through some of the special conditions. Commissioner Hallman said the Town would continue to monitor the project as it moved forward. 10:31:43 PM Commissioner Gering said the project would be of benefit to west Hillsborough, and that the Town was obligated to deal with the impacts which were addressed through the special conditions. He said if other issues surfaced, the Town would address them. 10:32:28 PM Commissioner Lloyd agreed, noting that Southern Season had been a welcomed addition to the neighborhood and hoped this project would be as well. 10:33:35 PM The vote was 5-0, and the motion was declared passed. 20 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 21 of 42 G.Consider request from Habitat for Humanity for assistance/commitment related to additional property acquisition (discussed immediately after Item C) 8:21:05 PM John Sehon, representing Habitat for Humanity, provided an update on recent work by Habitat. He said six homes were currently under construction on Tulip Tree, and 15 applicant families had been approved by Habitat for homes in the Fairview neighborhood. Mr. Sehon said Habitat was requesting that the Town Board consider voluntary annexation of the seven additional lots on Locust Road, and that water and sewer be provided to those new properties by the end of next year. He said they were also asking for the Town?s support in their application for funds from Orange County to purchase those seven properties. 8:22:48 PM Mr. Peterson said the timing of the request was good in that the request for water and sewer could be discussed during deliberations on the water and sewer budget. He said there were some options on how to pay for that. 8:24:05 PM Commissioner Lowen said although he supported Habitat, he was one who had decided to hold off on the second phase because of his concern to make sure they were not moving ahead prematurely if Habitat was not able to work out an agreement with the current landowner. He said the residents of Fairview were excited about the six homes being built now, and he believed moving into other areas would enhance those neighborhoods as well as the community. Commissioner Lowen said he wanted to move forward and figure out how to make that happen during budget discussions. 8:25:14 PM Mr. Hornik reminded the Board that regarding the annexation process, when the time came for that they would need to have the owners of the property sign a petition for voluntary annexation. 8:25:37 PM Commissioner Gering said when they got to that point, could they canvass the adjacent property owners to solicit their voluntary annexation as well. Mr. Hornik said it would make sense to get as many of the properties voluntarily as possible to streamline the process. 8:26:22 PM Responding to a remark by Commissioner Hallman, Mr. Peterson said the Town was requiring that landowners pay capital facility fees for both water and sewer to offset the Town?s costs. 8:27:18 PM Commissioner Lloyd said what if the area was voluntarily annexed but they did not need both water and sewer. Mr. Peterson said they already received water, and by law the Town had two yeas to provide annexed areas the same level of services that were provided to current residents. He said there would have to be deliberations on how to pay for those services. 8:28:51 PM Commissioner Lloyd asked if capital facility fees would have to be paid if the residents chose not to tap on to sewer. Mr. Hornik said under Town regulations, once the line was there they would have to tap on. 21 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 22 of 42 8:28:56 PM Mr. Keel remarked that residents were required to either tap on or pay the fee if they did not tap on. He said if they were out of the Town?s limits and the sewer line went by, they were not required to tap on. 8:29:10 PM Commissioner Lloyd asked what if they did not want sewer. Mr. Keel said by ordinance they would be charged anyway. Commissioner Lloyd said her concern was the residents might not be able to afford it. 8:29:44 PM Mr. Peterson said that point would be especially valid if the Town involuntarily annexed the other areas to bring it all under Town control. He said these were new homes, and the capital facility costs could be factored into the costs of the homes. Mr. Peterson said for others, they would have up to 12 months to pay for it. 8:31:06 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to approve the resolution by a vote of 5-0. The motion was declared passed. H.Discussion to refine direction to staff regarding preparing a Zoning Ordinance amendment to facilitate projects similar to the proposed Courtyard on Churton Street 10:51:14 PM Ms. Hauth said staff had previously been asked to pursue an ordinance that would accommodate a development like the Courtyard on Churton Street. She said in beginning work on that topic, a conflict with the design guidelines that applied within the historic district had come to light. Ms. Hauth said proceeding with a text amendment as directed would create two difficulties. One, she said, would potentially place an applicant in the position of receiving permission from the Town Board for a zoning concept only to get before the HDC who would be unable to find a successful solution to the design issue of how to place that density on a given property. Ms. Hauth said the other issue would include amendments to the design guidelines that could significantly change the feel of the historic district. She provided an example of a project currently proposed at the corner of King and Hassel Streets that might find it difficult to proceed through the process. Ms. Hauth said there was a conflict, and a discussion needed to be held on options that might be pursued to relieve that conflict. She said the most important step would be to get all relative players in the same room so that everyone could understanding what the issues at play were and then move forward to find a solution. 10:55:17 PM Commissioner Hallman added that another development was being proposed for west Hillsborough that would have the same kinds of issues, but was not in the historic district. Ms. Hauth said the lot sizes in the historic district tended to be much smaller so much greater impact would be visible. 10:55:45 PM Mayor Stevens said they could be facing this with possible tear-downs both inside and outside of the historic district, so the issue of what the Board wanted and what was appropriate could vary from lot to lot. 22 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 23 of 42 10:55:59 PM Commissioner Gering agreed, noting that although west Hillsborough was not part of the historic district, it had its own character. He said they had talked in the past of finding a way to preserve that character, and projects like this one would challenge that. Ms. Hauth said there were some quick-fix options that had not yet been considered. She said removing the possibility of getting a Conditional Use Permit to increase density was one, and another was that anything in the historic district that was not a single-family house but zoned residential would need a Special Use Permit. Ms. Hauth said that might not solve the issue with the HDC?s guidelines of evaluation, but it would make it a more elaborate and more public process. 10:57:26 PM Commissioner Gering said his main concern was that the historic district did not have any character, yet they strived to preserve it. He said any ordinances considered to create walkability or increase density or anything else would have to be very carefully crafted in a way that treated the historic district in a special way. Commissioner Gering said he did not believe they could craft such an ordinance that would also apply to all of Hillsborough. Commissioner Gering said as a start to the process they needed to identify some parameters, and the HDC was likely the best place to start by having them arrive at some consensus about what the unique character of the district was and define it in a way that the rest of the community could embrace and work with. 10:58:43 PM Commissioner Hallman suggested rephrasing that to establish a Town-wide policy that embraced Smart Growth principles, and overlaid on that would be the HDC?s guidelines. 10:59:06 PM Commissioner Gering said that would not solve the problem Ms. Hauth had noted, in that the Town Board or the Board of Adjustment would approve projects that the HDC was then obligated to deny because of their specific guidelines. He said that was not fair to the HDC. Ms. Hauth said that was correct, unless the process was set up so that HDC approval would have to be received first before an applicant went to the Board of Adjustment for the density increase. 11:00:08 PM Mayor Stevens said there were other specific issues, such as how the HDC looked at a project. He said perhaps their powers could be expanded to look at density, but that might mean they would act as a separate Planning Board. Mr. Hornik said the powers of the HDC and its parameters were really constrained by State statutes, and could not be expanded to look at anything other than exterior design issues. 11:01:06 PM Mayor Stevens stated that from a citizens point of view, they had had two projects with very different paths, and to a certain degree it made some sense to have some flexibility. On the other hand, he said, the paths were totally different. He said it made it hard to have meaningful planning, and it was hard on the HDC as well as developers and citizens. 23 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 24 of 42 11:02:03 PM Ms. Hauth said they could continue to work to identify ways to resolve this conflict. He said she was asking if that path was acceptable, and to assign some sort of priority to it. 11:02:21 PM Mayor Stevens agreed that this should start with the HDC, but added the issue was much larger than that. He said they had clear guidelines, and they could be retrospective but what they needed was to get a perspective view about what was the most essential about the guidelines and how the guidelines might be changed. Mayor Stevens suggested pulling together the HDC and members of the Town Board as well as Planning staff to serve on a task force that could wrestle with these issues. He suggested at some point that a larger community discussion might be beneficial. 11:03:49 PM Commissioner Hallman said in terms of a timeframe, ideally this should be a part of the Ordinance rewrite. He said in light of other proposals, particularly in west Hillsborough, they may not have the luxury of time. 11:04:47 PM Commissioner Gering said he agreed with Mayor Stevens? suggestion. He said it had been pointed out to him that this was not a unique problem they were facing, and perhaps they would benefit from learning how other communities had dealt with the issue. Commissioner Gering said it should be addressed relatively soon, but it could not be done hastily. Ms. Hauth said by September, they could remove the density bonus option that allowed someone to seek increased density by going before the Board of Adjustment. 11:07:01 PM Mayor Stevens asked if that was the kind of thing you could place a specific moratorium on while they were wrestling with the other issue. Ms. Hauth said you could not do a moratorium any faster than you could remove the provision from the ordinance. 11:07:14 PM Commissioner Hallman said in some areas they did want more density. Ms. Hauth asked were they willing to risk the one for the other. She said it was not a great solution, but it would address the immediate issue about density increases. 11:07:45 PM Commissioner Gering asked what made reasonable sense for starting a task force or work group based on the staff?s workload. Ms. Hauth said the HDC likely could not begin defining what the character of Hillsborough was in a meaningful way until August, noting their agenda was full with ten applications each for June and July. 11:08:41 PM Mayor Stevens the HDC as a body might not be the best way to go, suggesting that perhaps some individual members would be willing to serve on a task force, and perhaps some previous HDC members. Ms. Hauth said she believed they should reach out to previous members because there would soon be only one member on the HDC who had more than one year on that board, due to significant turnover. 11:10:00 PM Commissioner Gering asked what about the perspective of the staff?s time. Ms. Hauth said if the first step was defining what the character of the historic district the staff would be ready by August or September to provide some research to the HDC for their review. 24 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 25 of 42 11:11:21 PM Commissioner Gering said by removing the density bonus that might provide enough breathing room to allow the Board to take this back up closer to the end of the year. He said it would be best to accelerate it based on the HDC?s schedule, and it was best to get it right. He said they spend a lot of time talking about slowing development down, and to accelerate this seemed a contradiction. 11:12:07 PM Mayor Stevens asked if the Board was still considering a larger discussion that involved more than the HDC. Commissioner Gering responded that he believed the entire community would have to be involved. Ms. Hauth agreed, noting that was where the whole Ordinance rewrite came into play. She said the Board had discussed in the past how to preserve west Hillsborough, and that would require a creative metric that got applied to that area in a way that was the most appropriate. 11:13:27 PM Commissioner Gering asked Ms. Hauth to spend some time thinking about if there were other ways other than removing the density bonus that might relieve some of the pressure. Ms. Hauth said there would be time at the next hearing to discuss those. 11:13:50 PM Mayor Stevens said at one point an option had been offered to require an SUP for single-family dwellings in the historic district, and it appeared to him that density might remove some of that issue. Ms. Hauth said there was not a vacant two-acre piece in the historic district, and the way the attached dwelling provision worked was that you could build up to four dwelling units attached on a single parcel without going before the Board of Adjustment. I.Discussion of adding Green Building and Energy Management requirements for Special Use rezoning cases including a Special Use Permit 11:15:40 PM Ms. Hauth said she had provided for reference how Chapel Hill addressed supporting and requiring Green Building and energy management in its SUP process. She stated that the Town had looked at this on different occasions, noting that much of the requirements could not be enforced until you got to the building inspections stage. Ms. Hauth said one question was should the County be engaged in a discussion to see if it was wiling to do that on the Town?s behalf, and another was to determine if the Town wanted to pursue such things as water saving devices that went above and beyond the Building Code. 11:16:55 PM Commissioner Hallman said he believed the Water Sewer Advisory Committee had discussed that and would like to see some movement in that direction. Ms. Hauth said perhaps the question should be how serious the Board was and should the staff take this up with Orange County to gauge their willingness to do that on the Town?s behalf. 11:18:38 PM Mayor Stevens said he believed that should be pursued at the staff level. 11:18:47 PM Mr. Peterson said if the staff pursued this, you were likely to get staff concerns as feedback. He said if the County Commissioners were approached, he believed they would have an interest in saving water even if they were not on the Town?s system as well as an 25 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 26 of 42 interest in energy efficiency. Mr. Peterson suggested that two or three of the County Commissioners be approached to judge their interest. He said assuming the County was interested, that would motivate their staff to work with our staff more efficiently. 11:20:04 PM Mayor Stevens said he would be attending a Mayor?s meeting in two weeks that would include County Commissioner Moses Cary and he would be glad to bring it up then and see what the response was. He said that would be a good starting place. Mr. Peterson agreed. J. Discussion of potential methods of tempering the pace of development and the submittal of development proposals (discussed immediately after Item F) 10:34:08 PM Ms. Hauth said some Commissioners had previously requested that the Board look at general concepts of how to temper the pace of development and the submittal of development proposals. She said some strides had been made in that applications were limited at pubic hearings, but there were a range of other options to be considered. Ms. Hauth said that moratoriums could affect development, as well as Town policies. She said it was important to remember that at a certain point in the process a project acquired vested rights to continue through the stages of the process and could not be delayed. Ms. Hauth said she had provided a list of the projects that had already achieved vested rights to begin or continue through the process to seek SUP approval. 10:35:22 PM Commissioner Hallman said he had wanted to discuss this issue because the staff seemed to have more than it could do. He asked Ms. Hauth to discuss what kinds of actions would give her the ability to address the Ordinance rewrite, incorporate some of the Green Building standards and architectural designs the Board had talked about, as well as some of the Smart Growth issues they had discussed. Commissioner Hallman asked for a gradation of what kinds of steps would free up her time. Ms. Hauth said the number one time grabber was large scale annexations of about 10 acres or more, including the financial impact analyses and all the other details that must be considered. She said when they got further along with working on the Zoning Ordinance, staff would likely come to the Board and request some sort of moratorium. Ms. Hauth said she would like to delay that until it was absolutely necessary and let it be specifically attached to the Ordinance rewrite and the new guidance from the State on how to do a moratorium. Ms. Hauth outlined some of the steps that would have to be accomplished before a moratorium was imposed, including completing the way-finding project to inform the Sign Ordinance, completing the Upper Neuse study so the Town could determine whether or not to sign on to that, complete the Future Land Use Map so all areas could be aligned, as well as other steps. She said all of those would need to be done before they could reasonable begin the Zoning Ordinance rewrite. Ms. Hauth said in fairness to all those living in Hillsborough and those wanting to make an investment in Hillsborough, it was premature to consider a moratorium. She strongly encouraged the discouragement of annexations or any other discretionary things that could be 26 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 27 of 42 done without imposing a moratorium. 10:40:09 PM Commissioner Hallman said perhaps the Board could make a publicized statement that at this time they would not consider any more annexations. 10:40:37 PM Commissioner Gering said perhaps the Town Board should create an approved policy that Ms. Hauth could use when her office was approached about new developments or annexations. 10:41:22 PM Mr. Peterson said one thing had to happen before they invested any staff, Board, or community time, and that was that the Board had to say it wanted to pursue this further. He said if they held off on the idea of a moratorium, it would not completely close the door on someone coming in with something the Town Board might be excited about and would not require a huge amount of negotiation. Mr. Peterson said if the Board wanted the staff to pursue this, then when a developer contacted the Town they could be told right away what they were facing, in that if their project was not something that was not of outright benefit to the Town and something the Board could be excited about, they would be facing a Board who would expect them to be very accommodating to make the Board?s investment of time worthwhile. 10:44:12 PM Mayor Stevens said if the Board had a policy procedure that had an expiration date then they could say they were disinclined to look at new annexations unless they were exceptionally beneficial to the community. Mr. Peterson said the small annexation studies could be done in about 20 hours or so. He suggested that when someone came before the Board to request annexation, then the staff could estimate how much time it would take and put a dollar figure on it, and how much it would cost to do an Annexation Feasibility Study, and then have the applicant pay that amount prior to beginning the process. Mr. Peterson said that would separate those who were serious about proceeding from those who were not. 10:46:55 PM Mr. Hornik said setting that as policy was certainly within the Board?s power. He said the serious applicants would be willing to follow that policy and pay the cost. 10:47:30 PM Commissioner Lowen said he believed that was a good idea. Ms. Hauth said they would need to look at the fee schedule, because it was set up to have the fee doubled when annexations over a certain size were considered to cover the Annexation Feasibility Study. But, she added, the Town was certainly not recouping all of its costs. 10:47:57 PM Commissioner Gering said the fee schedule could be considered during the budget deliberations. Mr. Hornik said the Town was allowed to recover all actual and administrative costs of an annexation. 10:49:12 PM Mayor Stevens said if the fee schedule was looked at, did the Board also need to look at a general policy to be used until the Ordinance rewrite was completed. Ms. Hauth said she understood the Board?s directions, and did not believe a formal policy was needed. 27 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 28 of 42 10:49:35 PM Commissioner Gering proposed that the Board adopt a policy by consensus that the Board discouraged annexation requests until the Ordinance rewrite was completed, but were willing to entertain applications that were unique and warranted the Board?s investment of time, and that the applicant pay the full cost as determined by staff. 10:50:44 PM Mayor Stevens determined that there was no objection to Commissioner Gering?s proposal. J.Discussion of encouraging a non-profit organization to lobby for and generate revenue for Hillsborough public spaces 11:20:38 PM Ms. Hauth said as they continued to look for funding for parks, sidewalks, public spaces and amenities in those places, they were not adequately reaching out to those in the community that might be interested in making sizable donations for those. She said that Walkable Hillsborough had said that because they were not a 501(c)(3) organization, they did not solicit donations. Ms. Hauth said the Turnip Patch Park group intended to disband once construction was complete. She said they continually see that people see a need and step forward, and if they could foster the creation of a organization to do that they might be able to harness that interest and help. Ms. Hauth said of course there were lots of details to learn and contacts to make with other non- profits to discover what the relationship would be between this organization and the Town. She said this seemed like an opportunity although it required further research. 11:22:35 PM Commissioner Gering asked if this was similar to other groups. Ms. Hauth said what ever the organization was called would have a Board of Directors that would set themselves up as a 501(c)(3), adding that obviously Town staff would have to interface with that organization frequently. She said whether it was a new group or a change for the Parks and Recreation Board would have to be discussed and all the implications identified. Ms. Hauth said it would be a membership organization with annual dues which would allow participation by its members in whatever activities the organization undertook. She said the organization would have the ability to solicit and receive donations, and donors would receive tax benefits from those contributions. 11:24:14 PM Mayor Stevens said in one sense, the Eno River Association could be used as a model. He said they were a 501(c)(3) that did fundraising and turned the money over to the State for parks. Commissioner Gering asked if they were a government agency. Mayor Stevens said they were not. He said what the Town was looking for was a receiving body. Ms. Hauth agreed, adding that there would have to be a certain arms-length relationship, but more research needed to be done. She asked if the Board wanted staff to pursue this. 28 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 29 of 42 11:25:29 PM Mayor Stevens said this would apply to arts, to parks, and to other amenities such as greenways. He stated that partnerships with other groups might be possible. The Board agreed by consensus to have staff investigate the issue and report back when enough information had been gathered. 9. CLOSED SESSION A. Closed Session as authorized by North Carolina General Statute Section 143- 318.11(a)(3) to Discuss Code Enforcement Matters at 104 US 70 11:27:18 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to enter into Closed Session by a vote of 5-0. The motion was declared passed. 10. ADJOURN Upon returning to Open Session, and upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to adjourn at 11:35 PM by a vote of 5-0. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, MMC Town Clerk 29 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 30 of 42 30 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 31 of 42 31 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 32 of 42 32 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 33 of 42 33 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 34 of 42 34 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 35 of 42 35 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 36 of 42 36 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 37 of 42 37 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 38 of 42 38 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 39 of 42 39 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 40 of 42 40 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 41 of 42 41 May 14, 2007 Regular Meeting Approved: June 11, 2007 Page 42 of 42 42