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HomeMy Public PortalAbout06-11-2007 Regular Meeting June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 1 of 51 140 MINUTES HILLSBOROUGH TOWN BOARD June 11, 2007 7:30 PM, Town Barn PRESENT: Mayor Tom Stevens, Commissioners Evelyn Lloyd, Frances Dancy, Mike Gering, L. Eric Hallman ABSENT: Commissioner Brian Lowen, absence excused. STAFF: Town Manager Eric Peterson, Town Clerk/Personnel Officer Donna Armbrister, Planning Director Margaret Hauth, Police Chief Clarence Birkhead, Town Engineer/Utilities Director Kenny Keel, and Town Attorney Bob Hornik. 7:33:24 PM Mayor Tom Stevens shared a five-minute video promoting the Town of Hillsborough. 7:40:04 PM Mayor Stevens called the meeting to order at 7:40 PM. 1. PUBLIC CHARGE 7:40:11 PM Mayor Stevens did not read the Public Charge, but noted it would be followed. INTERVIEW: Interview volunteers to fill vacancies on the Parks and Recreation Board and the Historic District Commission The Board interviewed Stephen Whitlow for a vacancy on the Parks and Recreation Board and Joseph Council for a vacancy on the Historic District Commission. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:42:59 PMThere were no audience comments. 3. AGENDA CHANGES & AGENDA APPROVAL 7:43:05 PMMayor Stevens requested that a discussion of the Asphalt Plant be added to the Closed Session. Town Attorney Bob Hornik requested that a discussion of the Courtyard Condos be added to the Closed Session. 7:44:46 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to approve the agenda as amended by a vote of 4-0. The motion was declared passed. 1 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 2 of 51 4. APPOINTMENTS A. Appoint Stephen Whitlow to serve a three-year term on the Parks and Recreation Board with a term to expire June 30, 2010 7:45:01 PM Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to appoint Stephen Whitlow to serve a three-year term on the Parks and Recreation Board with a term to expire June 30, 2010 by a vote of 4-0. The motion was declared passed. B. Appoint Joseph Council to serve a three-year term on the Historic District Commission with a term to expire July 31, 2010 7:45:19 PM Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to appoint Joseph Council to serve a three-year term on the Historic District Commission with a term to expire July 1, 2010 by a vote of 4-0. The motion was declared passed. C.Appointment of an Elected Official to serve as the Hillsborough Economic Development Commission Representative 7:46:39 PM Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to appoint L. Eric Hallman to serve as the Board’s representative to the Hillsborough Economic Development Commission by a vote of 4-0. The motion was declared passed. 5. PRESENTATION A.Presentation by Jim R. Dooley, Hog Day Chairman, to Board and staff, and an invitation to 2007 Hog Day Event 7:47:02 PM Jim Dooley presented Hog Day gifts to the Town Board and staff, and offered an invitation to all to attend Hog Day. 7:49:33 PM Mayor Stevens read the Hog Day Proclamation and presented it to Mr. Dooley. 6. COMMITTEE REPORTS 7:52:25 PMCommissioners Hallman, Dancy, and Lloyd gave brief committee reports of recent meetings they had attended. 7. REPORT FROM THE TOWN MANAGER 7:56:38 PM Town Manager Eric Peterson said regarding the Tryon Street Parking, he would contact the parties involved to discuss the next steps. 2 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 3 of 51 8. DEPARTMENTAL REPORTS 7:57:22 PM No departmental reports were presented. 9. ITEMS FOR DECISION – CONSENT AGENDA A.Consider Approval of the Minutes of the April 19, 2007 Joint Public Hearing; the April 23, 2007 Monthly Worksession; the April 23, 2007 Monthly Worksession Closed Session; the May 14, 2007 Regular Board Meeting; and the May 14, 2007 Regular Board Meeting Closed Session B.Consider Approval of 2007 Clean Water Act Resolution C.Consider Adoption of Ordinance to amend Chapter 4 (Personnel Policy) of the Town Code to adjust the Scoring System for Merit Raises D.Consider Approval of Various Budget Amendments E.Consider Approval of Contract from Dixon Hughes to perform audit for Fiscal Year ending June 30, 2007 F.Consider Approval of the “Laboratory Supervisor” Position Description and Classification, which merges the Laboratory Technician and Laboratory Director positions at the WWTP G.Consider Adoption of an Ordinance to amend Town Code Section 14-19 with Irrigation Regulations H.Consider approval of establishment of a Capital Reserve Fund for General Fund Projects I.Consider authorizing Orange County to collect vehicle, personal, and real property taxes on behalf of the Town of Hillsborough for 2007 J.Consider adopting updated “Plans Review, Complaint, Permit Fee, and Fire Inspections Schedule” for the Fire Marshal’s Office K.Consideration of approval of Tourism Grants for: Historic Occoneeechee Orange Speedway – Restoration and Preservation ? ($5,000) Hillsborough Arts Council – “Last Fridays” ($7,500) ? Historic Hillsborough Commission – Burwell School Historic Site Tourism ? Programming ($20,500) Historic Hillsborough Commission – Save the Burwell School Campaign ? ($10,000) Orange County Historical Museum - Museum ($20,000) ? Jennings & Company – Brand Assessment ($12,000) ? 7:59:06 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to approve the Consent Agenda as presented by a vote of 4-0. The motion was declared passed. 10. ITEMS FOR DECISION – REGULAR AGENDA A.Consideration of Approval of the FY2007-2008 Budget and FY2008-2010 Financial Plan 3 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 4 of 51 7:59:28 PM Mr. Peterson provided some brief comments regarding the FY 2007-2008 budget and the FY 2008-2010 Financial Plan. 8:01:19 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the Board moved to approve the FY 2007-2008 budget and FY 2008-2010 Financial Plan by a vote of 4-0. The motion was declared passed. B.Consideration of ordinance to rezone two parcels at 420 Calvin Street from Residential-20 to Neighborhood Business (4.35.H.8 & 9) 8:01:55 PM Planning Director Margaret Hauth introduced the item, explaining how the rezoning would affect the property. 8:02:49 PM Mr. Hornik provided some background on the issue. 8:03:09 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, rd the Board moved to adopt the statement by a vote of 4-0 with an amendment to the 3 paragraph to read: The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan , and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): The structure does not meet the definition of a residence in the Zoning Ordinance. The historical uses of the building did not have an adverse affect on the neighborhood and meets the intent of the Neighborhood Business district. The information submitted at the hearing clearly indicates the residential designation was a mistake, and it should never have been zoned residential. The motion was declared passed. 8:04:00 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to amend the ordinance as proposed by a vote of 4-0. The motion was declared passed. C.Corbin Creek : 8:04:37 PM Ms. Hauth provided a brief update, noting that this item had been heard at the April public hearing and reviewed by the Parks and Recreation Board and the Planning Board. She said the Planning Board had considered comments by the Parks and Recreation Board, and were recommending approval of the plan with the condition that the recreation area at the northwest corner near the cemetery be located closer to the end of the cul-de-sac, and above the underground stormwater storage, for security and accessibility. 4 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 5 of 51 8:08:53 PM Mr. Hornik read the six criteria that the applicant was required to meet for approval of clustering on the lot. He clarified that there had to be a demonstration by the applicant that there was some irreplaceable or unique natural feature on the property that would be protected or preserved by clustering that would not be protected or preserved if clustering were not allowed on the site. Mr. Hornik said those two requirements, that the applicant prove that there were irreplaceable natural features on the property and that clustering would protect those natural features, were the primary focus of the subdivision ordinance. 8:13:01 PM Commissioner Gering said none of that was demonstrated in the public hearing. Mr. Hornik said the Town Board had to make that finding. 8:13:30 PM Mayor Stevens said there was a stream and some natural areas on the property, but the question was if they were replaceable natural areas. 8:13:42 PM Commissioner Gering said the burden of proof was on the applicant to say that, and not for the Board to infer it. He said the applicant had not met the burden imposed by the ordinance. Commissioner Gering said this was another example where the increased density bonus that a cluster subdivision allowed was being used solely for the purpose of maximizing economic value instead of enhancing the character of the neighborhood or preserving natural resources. 8:14:14 PM Commissioner Dancy agreed with Commissioner Gering that none of that was discussed at the public hearing. 8:14:26 PM Commissioner Gering said given the status of water and sewer services to that parcel, the Board could not allow the application to succeed unless the water and sewer contract were approved as well, and they were not obligated to extend that contract. Mr. Hornik said that was correct. Commissioner Gering said based on the evidence, there were enough grounds to deny the application. 8:15:33 PM Commissioner Hallman said he understood the argument, and although he was not absolutely opposed to the development he did have concerns. He said one good thing about the cluster subdivision ordinance was that the buffer requirements would maintain more of an undisturbed green space than in a non-cluster development. Commissioner Hallman said he could also make the argument that this was the increased urban density they needed to maintain a vital downtown and it added to the tax base at a low cost for services, which should not be a minor consideration. Commissioner Hallman said his concerns were assuring preservation of the buffers and some of the significant trees, and some kind of concession regarding a contribution to the affordable housing stock. 8:17:16 PM Commissioner Gering stated that if they had resolved that something would be in that location, he could understand the arguments. But, he said, they were not in that position. 5 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 6 of 51 8:17:39 PM Commissioner Dancy agreed that the development would significantly add to the tax base. She said she did not have any major concerns, and could agree to approval of this type of development. Commissioner Dancy asked about the status of the annexation. Ms. Hauth replied that when voluntary annexation was requested, because the Town was in the middle of developing the Strategic Growth Plan the applicant was asked to come back at a later time. 8:18:57 PM Commissioner Dancy said she would like a better picture of the growth the Town would be experiencing, and they needed to slow down until they knew what the effects would be. She said for that reason she was conflicted about approving anything else right now. 8:20:38 PM Commissioner Gering said regarding this development increasing the tax base, they knew from the County’s study that residential development did not generally pay for itself. He said that was not a valid argument for saying they wanted more houses. Commission Gering said in the past they had gotten thoughtful input from designers such as Scott Radway about what this type of development on these types of lot sizes would impose, which meant more cars on the streets, no tree-lined roads, and very cramped and confined development. 8:21:58 PM Commissioner Dancy agreed with those comments. 8:22:22 PM Commissioner Lloyd commented that she had shown the plans to the Fire Department, and received comments back that there was enough room for one truck to get in and out, but not two. She said that caused her some concern, but added that this was a very important development. 8:23:26 PM Mayor Stevens said it was an important development, and he did not want to take it lightly. He stated good points had been made in favor of approval and good arguments for holding off on it. Mayor Stevens stated the Board did not have to do this, and since they appeared to be on the fence it was likely better to hold back. Mayor Stevens said with that being said, they probably were looking at some type of development there at some point; there were neighbors who were supportive of it; in general with large developments, residential did not necessarily add positively to the tax base; these would be higher end homes with low amount of services involved so it could possibly add to the tax base; and, these were local developers and the Town wanted to support them. Mayor Stevens said there were reasons for and against, but he did not believe they were there yet. He said he also believed an affordable housing component needed to be a part of this development. 8:25:58 PM Ms. Hauth explained discussion during the Planning Board hearing regarding what there was about the site that should be preserved. She said most of the Planning Board members believed preserving the stream met the burden of proof for a cluster subdivision. Ms. Hauth clarified that the cluster subdivision ordinance did not allow a density bonus, noting it only allowed development to the density that would be allowed by the underlying zoning. 6 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 7 of 51 Ms. Hauth said this property was zoned R-20 and was 12.24 acres, and if it were a perfect lot with maximum road frontage 24 lots could be built. She said the applicant was applying for 20. 8:28:09 PM Commissioner Hallman commented that he agreed with Commissioner Gering that it would be nice to have an ordinance that allowed for more creativity in the expansion of green space. He noted that in his vision of the Strategic Growth Plan, something at that location would contribute to the redevelopment of that northern end of Churton Street and could provide the kind of residential density that would support multiple shops. Commissioner Hallman said perhaps they were not ready for that yet, but it should be kept in mind for the future. 8:29:17 PM Commissioner Lloyd said she had never liked cluster development, but because the lots were larger it had given her hope. She said the applicants had improved on their plan, but perhaps it needed more improvement. Commissioner Lloyd said she was not yet ready to vote in favor of the proposal. 8:31:02 PM Mayor Stevens said he was getting the impression from the Board that they were not yet ready to approve this development. He asked if it would be appropriate to table it. Mr. Hornik said if there were specific issues the Board wanted addressed within the framework of the application, then the issue could be tabled until the applicant addressed those issues. But, he said, if the Board just was not ready for that development on that site, then it should be denied rather than tabled. 8:32:12 PM Mayor Stevens said those were the Board’s two options. He said if they were to move forward on this, he would want to have a consensus. Mayor Stevens said although there were many positives associated with the development, he did not believe the Board was ready to move forward with it. 8:32:47 PM Commissioner Dancy said she was not ready to approve it, noting she wanted to slow down and see what effect development already in progress would have on the Town. 8:33:10 PM Commissioner Gering said another option would be to deny it, and if some other plan were to come forward the Board could waive the one-year wait. He said he did not believe there was much advantage to tabling the issue. 8:34:09 PM Commissioner Hallman agreed, noting that perhaps the ordinance needed some overhaul. He said he did not believe tabling the application would accomplish anything. 8:34:36 PM Commissioner Gering asked if there was a mechanism for the Board to deny the application based on the unavailability of water and sewer, without having to deal with the specifics of the six requirements noted previously. Mr. Hornik responded that the criteria for a cluster subdivision application was that there had to be an approved water supply and wastewater treatment system available to the lots. He said if the Town did not extend water and sewer, then that criteria would not be met. 7 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 8 of 51 Commissioner Gering said that, then, would be a basis for denial. Mr. Hornik said that was correct. He said another basis for denial would be that the Board did not believe the applicant had satisfied the burden of proof regarding irreplaceable natural features being preserved by the cluster subdivision. 8:35:42 PM Mr. Peterson stated that Chapter 14 of the Utilities Ordinance said that the Town could deny service, in that they were not obligated to provide service especially if they were outside the Town limits. Mr. Hornik said that Chapter 14-60 stated that the Town had no responsibility to provide water or sewer service to property identified outside of the corporate limits. He provided some additional language from the ordinance that supported that. C.1 Consideration of a resolution authorizing the Special Use Permit for Corbin Creek, a cluster subdivision of 20 lots on 12.24 ac between East Corbin St and US 70 Bypass with access from East Corbin Street (TMBL 4.37.A.2) 8:39:13 PM Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to deny the application for a Special Use Permit for Corbin Creek Subdivision because it did not comply with the requirements of Sections 4.9.2B, 4.9.5A, and 4.9.5B of the Zoning Ordinance, by a vote of 4.0. The motion was declared passed. C.2 Consider approval of Water/Sewer Extension Contract for Corbin Creek Subdivision 8:40:51 PM Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to deny approval of the Water/Sewer Extension Contract for Corbin Creek Subdivision by a vote of 4-0. The motion was declared passed. D.Consideration of a resolution authorizing the Special Use Permit for Waterstone Community Park on a 22.05 acre site (TMBL 4.45..2K) 8:41:06 PM Ms. Hauth provided a brief update on the project thus far, including reviews by the Planning Board and the Parks and Recreation Board. She said the applicant had expressed concern about accepting full responsibility for the cost of the restroom building. Ms. Hauth stated that the Planning Board had recommended approval of this plan with the following conditions: that it include a minimum $55,000 for half of the estimated cost of building restrooms, with the understanding that the Town would cover the remainder of the cost; that a hose bib be provided; and that the stub out connections for water and sewer be moved out of the entranceway to a more suitable location as identified by the Town. Ms. Hauth explained that the park was due to be dedicated to the Town in 2008, and they would expect that the field grass would be well established by then, and that the applicant would take care of the grass until that time. 8:43:16 PM Jim Ciao, speaking as the applicant, said they had received estimates on building a restroom facility, which averaged $110,000. He stated they had taken out a development loan 8 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 9 of 51 based on a detailed budget, and had added some contingency for unexpected expenses. Mr. Ciao said they had not expected to have to provide restroom facilities, and in order to be able to provide half of the cost he believed they may need to adjust other features of the park. Mr. Ciao said some features that might be reconsidered were the ornamental fencing, reducing the size of the parking area, or possibly delaying some features until Phase 2. 8:47:01 PM Commissioner Hallman said he was willing to consider some changes. 8:47:10 PM Mayor Stevens said the restrooms were needed, and wanted to make sure the Town could provide the other $55,000. Mr. Peterson said the Town had a healthy Fund Balance, so it would not be a problem. 8:47:46 PM Commissioner Hallman said that was almost a penny on the tax rate. Mr. Peterson said if some amenities were given up now, they would only have to be paid for later. He stated that careful thought needed to be given to removing anything from the park amenities, noting there should be some alternative to provide and meet the interests of the public in a less expensive way. 8:49:20 PM Mayor Stevens said they should search for less expensive alternatives, but on the other hand the park needed to be done right. 8:49:37 PM Mr. Ciao suggested massaging the plans somewhat, and see if some cost savings could be identified without removing any amenities or reducing the quality and practicality of the park. He said they had tried to design a restroom that was low maintenance and that would be durable. Mr. Ciao it needed to be concrete block or a masonry-type building that would withstand heavy use and vandalism. 8:51:22 PM Tim Michael, with the John R. McAdams Co., stated that he had talked with Resolute Builders about the restroom, and the initial quote had been $120,000-$125,000. After some review, he said, they had determined that a basic but durable building could not be built for less than $110,000. Mr. Michael said more investigation could be done, but did not know how successful that would be. 8:52:55 PM Mayor Stevens suggested that Mr. Ciao work to identify some cost savings with the help of staff. 8:53:03 PM Commissioner Hallman said he believed it was doable. 8:53:07 PM Mr. Hornik reminded the Board that the $325,000 that the Board required that the applicant spend was a minimum, not a ceiling, to satisfy the requirements for the park. 9 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 10 of 51 E.Consideration of ordinance to amend the Flood Damage Prevention Ordinance to prohibit new development in the floodplain with exceptions for street, utilities, and recreation facilities 8:53:53 PM Ms. Hauth said this had been discussed at the January and April public hearings, which would prohibit all development within the 100-year floodplain, with exceptions for streets, utilities, and recreation facilities. 8:54:31 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to approve the ordinance to amend the Flood Damage Prevention Ordinance to prohibit new development in the floodplain with exceptions for streets, utilities, and recreation facilities by a vote of 4-0. The motion was declared passed. F.Consideration of ordinance to amend the Zoning Ordinance parking requirements for retail and government uses 8:54:47 PM Ms. Hauth said this item had been initiated by three citizens would wanted to frame the Town’s parking requirements to be similar to those in Chapel Hill and Burlington, which would reduce the parking requirements for government and retail uses. Ms. Hauth noted that the Planning Board unanimously recommended against this text amendment for a variety of reasons. 8:56:03 PM Commissioner Hallman said he supported the idea behind this, but appreciated the Planning Board’s concern that more information was needed before such a text amendment was considered. He suggested that perhaps this could be considered during the ordinance rewrite. 8:56:44 PM Commissioner Gering said he was concerned about how long that might take, especially when they had a project like American Asset Corporation. Ms. Hauth said with Special Use Permits the Board had the flexibility to waive requirements. She noted that Hampton Point did not have the number of parking spaces required by the ordinance. Mr. Hornik agreed that was correct. 8:57:53 PM Ms. Hauth noted that the text amendment would require a Section 160A-383 statement. Mr. Hornik said it was necessary to discuss the reasons why the Board might not want to adopt the text amendment. He said staff would put the Board’s reasons into the proper statement. 8:58:30 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to adopt a Section 160A-383 statement, for the reasons that there had not been a strict study of the issue, the Planning Board recommended against it due to insufficient information, and the analysis was incomplete, by a vote of 4-0. The motion was declared passed. 10 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 11 of 51 8:59:23 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to deny adoption of the text amendment to amend parking requirements for retail and government use by a vote of 4-0. The motion was declared passed. 8:59:56 PM Mayor Stevens said he wanted to go on record that citizens were bringing information to the Board, and it was right and proper to do that. He said he did not want denial of the text amendment to discourage citizens from doing that in the future. 9:00:12 PM Commissioner Lloyd requested that the Board ask staff to remind the Waterstone applicant that the Board did not meet in August, and they did not want to delay the park any longer than necessary. Ms. Hauth agreed to do so. G.Consideration of ordinance to amend the Zoning Ordinance to establish buffer requirements for intermittent streams and allow for staff stream determination 9:00:41 PM Ms. Hauth stated a Section 160A-383 statement would be required for this item as well. She said this text amendment had been initiated by various members of the Planning Board who had expressed concern about the weakness of the zoning ordinance as it related to streams and buffer requirements. Ms. Hauth said this amendment would bring the Town more in line with County standards to require buffers on intermittent streams and also allow Orange County staff, who were trained to determine whether a feature on the ground was a water body requiring a buffer, to actually make that determination. 9:01:41 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to adopt a Section 160A-383 statement, in that this ordinance change reflected the Town’s concern over buffers and its desire to align its ordinance with the County’s ordinance, by a vote of 4-0. The motion was declared passed. 9:02:29 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to adopt the ordinance to amend the Zoning Ordinance to establish buffer requirements for intermittent streams and allow for staff stream determination by a vote of 4-0. The motion was declared passed. H.Discussion of project priority list for 2009-2015 Transportation Improvement Plan 9:02:51 PM Ms. Hauth said the Planning Board had discussed this at its last meeting, using the 2007-2013 as a basis. She said about discussion, they had decided to leave the list exactly as it was. 9:03:36 PM Commissioner Hallman suggested that aligning with Orange County may have some impact, and asked if that list aligned with the County’s list. Ms. Hauth said she had not seen the County’s list, but in the past their list had included all of these projects with the exception of Brady Road. 11 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 12 of 51 9:04:06 PM Commissioner Hallman said he knew that the South Churton Street improvements were the County’s first priority, as well as Division 7’s top priority. Ms. Hauth noted the Town had picked up nos. 5 and 6 from the County’s list last year to more align the Town’s list. 9:04:32 PM Commissioner Hallman said item 6, depending on the impact of item 1, could be an essential improvement. 9:04:53 PM Commissioner Hallman aid he wanted to coordinate the list with Orange County before adoption. 9:04:57 PM Mayor Stevens agreed that would be an advantage. Ms. Hauth said you did score more points regionally if multiple jurisdictions requested the same project. 9:05:07 PM Commissioner Gering suggested approving the list, and if staff found that the County’s did not align, then they could reconsider it. Ms. Hauth said she could bring it back for the June workshop. 9:05:17 PM Mayor Stevens suggested approving it now, and then amending it in June if necessary. 9:05:29 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to adopt the project priority list for the 2009-2013 Transportation Priority List by a vote of 4-0. The motion was declared passed. I.Discussion of Chapel Hill/Carrboro Chamber of Commerce invitation for Town Board to participate in their DC trip 9:06:07 PM Commissioner Hallman said the rationale behind this was that when he and Mayor Stevens had attended the Madison trip, it had made a huge impact. He said he would like to have one Board member and possibly a staff member participate in this trip. 9:07:05 PM Mayor Stevens said it was short notice, since the trip was at the end of the month. He offered to follow up with a call or note to the Chamber to let them know there were scheduling issues that would prevent the Board’s participation. 9:07:17 PM Commissioner Hallman said he understood it was short notice, but wanted to make sure in the future that the Board participated in such opportunities. He added that he wanted to include a staff person in such visits. J.Discussion with Town Attorney regarding the ASCAP and BMI Music Licenses 9:07:56 PM Mr. Hornik provided what he believed was the practical aspect of this, which was that a single filing for copyright infringement was between $750 to $30,000, for one song or portion of a song. He said if an example was made of the Town for playing music in the office, or on the Candlelight Tour or any event, without having paid the $560 per year license fee, it could cost up to $30,000 for playing that music. Mr. Hornik said it may not seem right or fair, 12 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 13 of 51 but that was what the law required. He said by paying the yearly license fee, you eliminated that risk. 9:09:03 PM Commissioner Gering said if they did not pay the fee, and for some reason got sued, would the Town’s existing insurance cover it? Mr. Hornik said he was unsure if the insurance would cover that type of violation, which was negligence. Commissioner Gering said the concept of paying for insurance, but getting sued anyway, appeared to him that the Town was being forced to pay “protection” money. He asked if there were any planned, legitimate reason for paying the license fee, or was the plan just to protect the Town in case there was some inadvertent violation. Mr. Hornik said several years ago, ASCAP and BMI had undertaking a campaign and had actually sued some towns. 9:10:38 PM Mayor Stevens said another way to look at it was that paying the fee was a form of risk management, and once it was paid they were free to play music at any time or at any event. 9:11:18 PM Commissioner Gering said it was not that he did not think it was a good investment, he just wanted to understand the reasons why it was necessary. K.Discuss Possible Change of Meeting Times for Town Board Meetings 9:12:03 PM Mayor Stevens said he wanted to include with this topic how to make the meetings more expedient. He said one suggestion was to have a 10:00 PM cutoff, and another was to begin meetings at 7:00 PM. 9:12:52 PM Commissioner Hallman said he was prefer to stay beyond 10:00 PM and get the work done rather than have to call a special meeting. He said he would prefer to begin at 7:00 PM. 9:13:12 PM Mayor Stevens asked if the Board preferred to begin meetings at 7:00 PM. There was no objection from the Board. 9:13:57 PM Commissioner Gering said regarding the 10:00 PM cutoff, that when that point was reached during a meeting the Board could consider what could be deferred and whether or not to continue. Mayor Stevens remarked that was acceptable to him. 9:14:17 PM Commissioner Hallman agreed, noting that would give them three hours. 9:14:24 PM Commissioner Dancy agreed as well. 13 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 14 of 51 9:14:37 PM Mayor Stevens said one thing they might want to change was to have committee reports moved to the workshops rather than the regular meetings. He said they could also be limited to important items that needed to be highlighted for the Board’s benefit. Mayor Stevens said the three things that would change were that meetings would begin at 7:00 PM, at 10:00 PM the Board would decide what could be deferred and whether or not to continue, and committee reports would be moved to the workshop. 9:16:15 PM Mr. Peterson said he had requested that the department heads attend Board meetings to give them a more global view of issues, and they had to attend a lot of meetings. He asked was it permissible to excuse department heads from the meetings if they did not have an item on the agenda. There was general agreement from the Board. 9:17:33 PM Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to begin meetings at 7:00 PM by a vote of 4-0. The motion was declared passed. L.Discussion of June Workshop “Hot Topics” 9:18:07 PM Ms. Hauth stated that the Upper Neuse Basin Association would like to give a presentation, and she had tentatively scheduled them for the July meeting. She said they had asked for 15 to 20 minutes to talk about the implementation of the Upper Neuse plan. Ms. Hauth said it was possible to schedule them for the June workshop if the Board preferred. 9:19:13 PM Mayor Stevens asked Ms. Hauth to contact the representatives and ask if the June workshop would work for them. The Board generally agreed that June was preferable. 11. CLOSED SESSION A. Closed Session as authorized by North Carolina General Statute Section 143-318.11(a) (5) to Discuss Personnel Matters ADDED ITEM B. 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) ADDED ITEM C. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3) to meet with Town Attorney regarding current Courtyard Condos 9:20:30 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to enter into Closed Session by a vote of 4-0. The motion was declared passed. 12. ADJOURN 14 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 15 of 51 Upon returning to Open Session, and upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to adjourn at approximately 10:00 PM by a vote of 4-0. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, MMC Town Clerk 15 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 16 of 51 16 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 17 of 51 17 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 18 of 51 18 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 19 of 51 19 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 20 of 51 20 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 21 of 51 21 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 22 of 51 22 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 23 of 51 23 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 24 of 51 24 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 25 of 51 25 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 26 of 51 26 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 27 of 51 27 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 28 of 51 28 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 29 of 51 29 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 30 of 51 30 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 31 of 51 31 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 32 of 51 32 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 33 of 51 33 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 34 of 51 34 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 35 of 51 35 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 36 of 51 36 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 37 of 51 37 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 38 of 51 38 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 39 of 51 39 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 40 of 51 40 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 41 of 51 41 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 42 of 51 42 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 43 of 51 43 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 44 of 51 44 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 45 of 51 45 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 46 of 51 46 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 47 of 51 47 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 48 of 51 48 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 49 of 51 49 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 50 of 51 50 June 11, 2007 Regular Meeting Approved: September 10, 2007 Page 51 of 51 51