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Home My Public Portal About10-10-2007 Regular MeetingSeptember 10, 2007 Regular Meeting Approved: October 8, 2007 Page 1 of 42 ~'QWYb ,,,._~.. o f MINUTES ~¢r HILLSBOROUGH TOWN BOARD ~~~~~ ~.T. . , t~~ September 10, 2007 ~~' ~ 7:00 PM, Town Barn PRESENT: Mayor Tom Stevens, Commissioners Frances Dancy, Evelyn Lloyd (arrived at 7:18), Brian Lowen, L. Eric Hallman, and Mike Gering. STAFF: Town Manager Eric Peterson, Town Clerk/Personnel Officer Donna Armbrister, Planning Director Margaret Hauth, Town Engineer/Utilities Director Kenny Keel, Finance Director Greg Siler, Police Chief Clarence Birkhead, Management Intern Shawn Purvis, Budget & Management Analyst Emily Bradford, and Town Attorney Bob Hornik. 7:03:15 PM Mayor Stevens called the meeting to order at 7:03 PM. 1. PUBLIC CHARGE 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 7:04:00 PM The Board interviewed Barbara Cline to fill a vacancy on the Parks and Recreation Board. Ms. Cline provided the Board with information on her background, education, and interests. She also explained her interest in Parks and Recreation matters and activities. The Board interviewed Mark Bell to fill a vacancy on the Historic District Commission. Mr. Bell provided the Board with information on his background, education, and interests. He also clarified his interest in historic preservation and historic district issues. Mayor Stevens explained that the Board would make a decision on the appointments later in the meeting. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:07:34 PM Planning Director Margaret Hauth introduced Tom King, the Town's new Senior Planner, who began work on August 1. The Board welcomed Mr. King. 3. AGENDA CHANGES & AGENDA APPROVAL 7:08:29 PM Mayor Stevens remarked that they had a vibrant Town and vision, and the Board talked about community and character and preserving their heritage, prosperity and vitality. He 1 September 10, 2007 Regulaz Meeting Approved: October 8> 2007 Page 2 of 42 said one of assets that helped them achieve that vision was the Farmer's Market. Mayor Stevens said recent articles in the newspaper had highlighted the dispute among various parties in the Farmer's Market. Because the Town did not have any decision-making power with the Farmer's Market, he said he did not believe this was an appropriate venue for a discussion regarding that. Mayor Stevens stated he had spoken to some of the parties involved, and they had agreed this venue was not the place for a presentation. He said the Board had been receiving various notices and letters regarding the dispute and how it was proceeding, and was suggesting that Item 10.D be removed from the agenda. Mayor Stevens stated that they wanted to build on the vibrancy of the Farmer's Market, noting it had evolved into a real community asset. He said as such, it needed a community structure in order to proceed further. Mayor Stevens said he would be calling on all parties to come together under some form of mediation to resolve differences, and ultimately create anon-profit or some other board that had room for differences. 7:11:00 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to approve the agenda as amended to remove Item 10.D by a vote of 4-0. The motion was declared passed. 4. PUBLIC HEARING 7:11:12 PM Mayor Stevens opened the Public Hearing 7:11:32 PM Ms. Hauth provided some background, noting the Minimum Housing Code required that when a property owner was not responsive after an order had been issued to abate a nuisance, it was required that an ordinance be adopted by the Board to direct action and to abate the nuisance. She said they had two circumstances like that, and because of the way the language was written in the Minimum Housing Code, they had believed it was prudent to call a public hearing since it did require that an ordinance be adopted, and because the Minimum Housing Code was in the section of the State law that talked about zoning ordinances. Ms. Hauth said they had notified the property owners that they had this opportunity to talk to the Board about their circumstances before the Board considered the ordinances later in this agenda to reinforce the clean-up. A. Public Hearing to gather public comment regarding code enforcement action at 408 River Road in Hillsborough, NC 7:12:45 PM There was no public comment offered. B. Public Hearing to gather public comment regarding code enforcement action at 644 McAdams Road in Hillsborough, NC 7:12:55 PM There was no public comment offered. September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 3 of 42 7:13:07 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to close the public hearing by a vote of 4-0. The motion was declared passed. 5. APPOINTMENTS A. Consider appointment to fill vacancy on the Parks and Recreation Board B. Consider appointment to fill vacancy on the historic District Commission C. Consider Re-appointment of Dan Barker to second 4-year term as In-Town member of Water Sewer Advisory Committee 7:13:24 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to appoint Barbara Cline to the Parks and Recreation Board, appoint Mark Bell to the Historic District Commission, and reappoint Dan Barker to a second 4-year term as an In- Town member of the Water Sewer Advisory Committee by a vote of 4-0. The motion as declared passed. 7:14:27 PM Mayor Stevens stated that Ms. Cline had earlier today presented comments regarding development, and one of her comments was how involved citizens were on Town boards and committees. He said he believed people were impressed by her comments, and thanked her for her presentation. Mayor Stevens also offered his thanks to all the Town's volunteers. 6. COMMITTEE REPORTS (Critical) 7:14:48 PM Commissioner Hallman stated that Planner Stephanie Trueblood had done a wonderful job on the Parks and Recreation Master Plan. He said they had held a Parks and Recreation summit 2 weeks ago which was attended by five different entities. 7. REPORT FROM THE TOWN MANAGER 7:15:51 PM Town Manager Eric Peterson said they had received the proof of the Citizens Newsletter which should be out in a couple of weeks. He said regarding the website issue, the old website address was now linking to the new website address, and they were working to overcome obstacles to fully update the new site. Mr. Peterson said they should shortly be back to normal. Mr. Peterson said Finance Director Greg Siler had been working on investigating how to collect from people or companies who leave Town without paying their water bills. He said many times the Town had to use its Debt Set Off Program, which became expensive. Mr. Peterson said Mr. 5iler had been able to find information on Southern Country Inn formerly at Daniel Boone, who had left Town owing an $11,000 water bill. He said Mr. Siler had been able to track down some information on the individual in about 30 minutes, and discovered that the person had literally won the lottery, and therefore so had the Town. Mr. Peterson said the $11,000 had now been paid. September 10, 2007 Regulaz Meeting Approved: October 8, 2007 Page 4 of 42 Mr. Peterson said this was a program that Mr. Siler had pursued as time allowed, and recognized him for his good work and perseverance, adding it was a nice boost to the Water Fund. 7:18:43 PM Commissioner Evelyn Lloyd arrived at the meeting. $. DEPARTMENTAL REPORTS 7:19:03 PM Police Chief Clarence Birkhead stated that on Saturday, September 15, beginning at 9 a.m. at the Big Barn they would be hosting the NC Advisory Board meeting for the Community Watch, funded from the Governor's Safe Community Program. He said these State- wide discussion and training sessions were held twice each year. Chief Birkhead said he and his staff would take this opportunity to identify what other communities in the State were doing. He said all of the Town's Community Watch groups and Block Captains had been invited to attend, and they had received a good response. Chief Birkhead noted the meeting was open to the public. 9. ITEMS FOR DECISION -CONSENT AGENDA A. Consider Approval of the Minutes of the June 11, 2007 Regular Board Meeting; the June 25, 2007 Monthly Workshop; the July 9, 2007 Regular Board Meeting; the July 19, 2007 Joint Public Hearing; and the July 23, 2007 Monthly Workshop B. Consider approval of Memorandum of Understanding with the Brough Law Firm for Attorney Services in Fiscal Years 2007-2008 C. Consider accepting streets in Kenion Grove D. Consider approval of an Ordinance Ratifying the Abatement of Violations of the Hillsborough Minimum Housing Code at 408 River Road E. Consider approval of an Ordinance Ratifying the Abatement of Violations of the Hillsborough Minimum Housing Code at 644 McAdams Road F. Consider approval Resolution GHSP-02-A -North Carolina Governor's Safety Program Grant G. Consider acceptance of water & sewer utilities for Churton Grove Phase 2B-Sections 2-4 Multi-Family (Braddock Park) and start of 1 year warranty H. Consider Letter of Agreement with Robert S. Segal, CPA PA, for Sales Tax Examination 7:21:44 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve the Consent Agenda as presented by a vote of 5-0. The motion was declared passed. 10. ITEMS FOR DECISION -REGULAR AGENDA A. Consideration of letter of interest in Annexation for Phase 4 of Churton Grove 7:22:08 PM Ms. Hauth stated that as each phase of Churton Grove came forward, the SUP required that they seek the Town's interest in annexation of that particular phase. She said there was a letter and map provided in the packet. Ms. Hauth noted that a recent change in State law required that if a municipality annexed a portion of a subdivision, then the entire subdivision had 4 September 10, 2007 Regular Meeting Approved: October S, 2007 Page 5 of 42 to be annexed. She said Hillsborough had approximately 130 acres of satellite capacity remaining without increasing its base significantly, and Churton Grove, in its entirety, was approximately 330 acres. 7:23:28 PM Mayor Stevens said what he was hearing was annexation could not be done. Ms. Hauth said if the Board wanted to find a way to pursue it, there were various ways to do that. She said they could consider ways to increase the base of the Town which would allow them to annex a larger area, they could consider de-annexing some areas, they could look at involuntary annexation of the entire subdivision, or other methods. 7:24:11 PM Mayor Stevens said it appeared from the map that this was a separate area. Ms. Hauth said because of the wording of the State law, that section was considered a part of the larger area, and therefore had to be considered as a part of the whole. 7:24:51 PM Commissioner Gering asked if the commercial center was considered as part of the subdivision. Ms. Hauth responded yes, noting it was all covered by one SUP under the County. She said she could research that and see if there was any flexibility in the language if the Board was interested. 7:25:24 PM Commissioner Lowen said the Town had held discussions during earlier phases with residents regarding the pros and cons of annexation, and wondered what the outcome of those discussion were. Ms. Hauth said a resident of Churton Grove had signed up to comment on that. 7:26:32 PM Will Atherton, a resident of Churton Grove, stated he had attended a meeting of the Churton Grove Homeowners Association, and some were interested in annexation and some were not. He said he had seen that families wanted to be annexed, but non-child families or individuals were not interested. Mr. Atherton said the first step in the process would be a feasibility study of Churton Grove, and he would be interested in the results of that study. He said if Churton Grove did not pass a feasibility study, he would be interested in seeing what subdivision would, noting that Churton Grove was not alower-end subdivision but a high end one. Mr. Atherton suggested doing a feasibility study and then identifying the interest in annexation. Mr. Atherton said from what he had seen, a majority of the residents would be in favor of annexation, but there was a group that believed the Town would do what it wanted to do. Then, he said, there was the group who was opposed to paying the higher taxes and was against annexation. Mr. Atherton recommended that the Board poll the audience, noting there were several Churton Grove residents in attendance. 7:32:29 PM Ingrid Branagan, a resident of Churton Grove, said that she had informally polled residents and the largest issue was around the water bills. She said that was a problem for families, and they were becoming creative in their efforts to ration water since they could not afford the high bills. 5 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 6 of 42 7:33:57 PM Several members of the audience commented on their concern regarding the water bills. One member stated that if it would lower the water bill, she would be in favor of annexation. She said her water bill averaged $200 a month even thought she did not water her lawn, and it was becoming a choice between paying the water bill and making the car payment. She said even though taxes would increase with annexation, it was deductible. 7:35:15 PM Mayor Stevens said annexation was one way to lower water bills, although there would be an offset with taxes. He said for some it would be an even trade, although for some there would be pros and cons. Mayor Stevens said he was hearing that there was a general interest in annexation, or at least a need for more information. 7:35:38 PM Commissioner Gering said he would like to know more about what the requirements were for voluntary annexation. Town Attorney Bob Hornik said a petition for voluntary annexation had to be signed by 100% of all owners of the property. He said for involuntary annexation, no permission was needed. Mr. Hornik said the reason Phase IV could be voluntarily annexed now was because there was still only one owner, Newland Properties, therefore only one signature was required. 7:37:02 PM Mr. Peterson stated that the only practical way to do an annexation, if the Churton Grove community favored annexation and the Board was inclined to do so, was to go through the involuntary procedure since it would be impractical to attempt to get 600 signatures for the 600 pieces of property. He said the involuntary annexation would take about 18 months. Mr. Peterson said they had wanted to do a long-term financial analysis for a number of years, which would include not only regular operations and revenues and expenditures, but possibly adding annexation studies to determine the economic impact over the long run. He said another issue was their study for long-term fire service in cooperation with the Orange Rural Fire Department, and determining how they could work together. Mr. Peterson said such along-term financial analysis was likely something the staff could do once some time was freed up, and suggested that the Churton Grove area would be one of the first areas to be looked at as part of that overall study. 7:39:34 PM Mayor Stevens asked if starting that study was that a possibility for this year. Mr. Peterson responded that at the October meeting he could possibly offer an estimated timeframe for such a study. Mayor Stevens said he would hope that the study could be carried out over the next year. Mr. Peterson said they would move as quickly as was reasonable, but was hesitant to commit to a timeframe before talking with staff and considering all the issues. 7:42:16 PM Commissioner Gering said that made sense, noting he believed that Churton Grove would inevitably be a part of the Town. He said they needed to understand what the implications of that would be, and there were additional challenges that the staff had to consider. Mr. Peterson said he did not believe satellite annexation would be an option, which made the issue more complicated. 7:43:19 PM Mayor Stevens agreed that the Town Manager should come back with a recommendation in October. 6 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 7 of 42 7:43:37 PM Mr. Atherton asked Mr. Peterson to contact him with any information, and he would take the responsibility to forward that on to the other homeowners. 7:44:12 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to deny the Request for Annexation of Phase N of Churton Grove by a vote of 5-0. The motion was declared passed. B. Ken Kernodle, the new Business Relations Manager for Duke Energy, will introduce himself to the Board. 7:44:32 PM Ken Kernodle was not present. C. Receive Presentation from Management Intern Shawn Purvis and Consider Approval of the Town's Pandemic Flu Plan 7:45:02 PM Management Intern Shawn Purvis provided a short presentation on pandemic influenza and explained its affects. He stated that the Town's Pandemic Flu Plan would be added as an appendix to the Town's Emergency Response Plan, and provided a brief overview of that plan. 7:49:17 PM Commissioner Lowen offered his thanks to Mr. Purvis for his work. 7:49:39 PM Commissioner Lloyd said the report discussed different types of medicine, but stated it was important to be careful that specific dosages for children were spelled out so there was no confusion. She also said that employees that handled money, such as at the Water Department, should be encouraged to wash their hands frequently or wear gloves. Commissioner Lloyd congratulated Mr. Purvis for his good work. 7:51:58 PM Commissioner Gering also thanked Mr. Purvis for the Plan, noting he believed they were now ahead of the curve. He asked how well prepared other municipalities might be. Mr. Purvis said by law all 100 counties in the State were required to have a plan, but believed there were few municipalities that had one because most often they were handled by the county government. Mr. Purvis said the fact that Hillsborough had a plan did put them ahead of the curve. 7:53:32 PM Mayor Stevens said he was delighted that the Town had taken this step. 7:53:46 PM Commissioner Hallman thanked the staff for assigning this task to Mr. Purvis, noting he believed the question was not "ip' but "when" a pandemic would strike. He said the frequency of significant outbreaks had been increasing, and it paid to be prepared. Mr. Peterson thanked the Board for supporting the use of graduate student interns over the years, noting this report was a great example of the good work that could be obtained through that program. 7 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 8 of 42 7:55:01 PM Mayor Stevens noted Mr. Purvis was getting ready to graduate. Mr. Purvis said he would graduate in May 2008, and was looking forward to it. Mayor Stevens offered the Board's congratulations and thanks. 7:55:29 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to accept the Pandemic Flu Plan by a vote of 5-0. The motion was declared passed. D. Beverly Blythe will address the Board regarding the Hillsborough Farmers Market This Item was removed from the Agenda earlier in the meeting. E. Receive Presentation from Budget and Management Analyst Emily Bradford on the recent Citizen Survey 7:55:56 PM Budget and Management Analyst Emily Bradford presented the results of the citizen survey that had been sent to a random sample of 600 Hillsborough residents, with 173 being returned. She said that the 28.8% response rate was considered a very good response rate, noting 20% was actually the average. Ms. Bradford explained the survey results that garnered citizen perceptions of public safety, governing/Town management, and communication. She said in addition, citizens had the opportunity to give comments and suggestions on what they saw as the biggest issues facing Hillsborough as well as what they thought the Town could do to improve the services. Ms. Bradford stated that the survey would be an annual event, and the results would be used as part of the Balanced Scorecard reporting process. Ms. Bradford said overall the results were positive: 87% stated that Hillsborough was a safe place to live and work; 63% believed the Town was responsive to the needs of citizens; 73% thought they had access to Town officials and staff; 84% believed that Town employees treated customers courteously; 83% believed that Town employees did their jobs in a professional manner; and, 68% responded that they felt informed about Town services. Ms. Bradford said one interesting outcome of the survey was that email was the second highest rated way that citizens wanted to be kept informed. She said regarding issues facing Hillsborough, growth and development, public safety, water sewer and traffic were the most noted. Ms. Bradford said in terms of what the Town could do to improve services. Responses included development, public safety, water, and information. 8:01:07 PM Commissioner Lloyd asked how the 600 recipients were chosen. Ms. Bradford said they had worked with the Finance Director to randomly select 600 in-Town households. She said they had printed off address labels for every household and used every fourth label to mail the survey to. Ms. Bradford said using that method would allow them to contact each household every four years. 8:01:43 PM Commissioner Gering asked if the survey had included water customers outside the Town limits. Ms. Bradford responded no. 8 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 9 of 42 8:01:54 PM Mayor Stevens said regarding the packet materials, he had found the format of the presentation of the information and trends very helpful. He thanked Ms. Bradford, noting the survey had been carried out in a professional manner and they had gotten good useable results. Mayor Stevens asked in the upcoming year would they see come comparative data, such as where they were last year compared to where they were this year, so that trends could be followed and benchmarks established. Ms. Bradford said that was the plan. Mayor Stevens asked in what way the results of the survey would be shared with the public. Ms. Bradford said they were working to get the information on the website, and information would also be included in the upcoming Town newsletter. 8:03:28 PM Commissioner Dancy said she had found the comments in the survey very interesting. Commissioner Lloyd agreed, noting the camments appeazed to be honest. 8:04:15 PM Mr. Peterson said they had talked with a private firm about conducting the survey and had been quoted a price of $2,000, and thanked Ms. Bradford for doing it in-house and getting it done in a short period of time. F. Receive Final WWTP Study Report, permitting flow chart, and recommended path to proceed for consideration of consensus approval 8:04:57 PM Town Engineer Kenny Keel provided some information about the report and what the next steps would be. He commented on the Permitting Flow Chart and the procedures they would go through in submitting this study for review and the various reviews it would need, and the next steps with design and reviews required before they could actually go to construction. Mr. Keel commented that the Flow Chart showed the engineering report being reviewed at the same time as design was proceeding, but his recommendation was to go through the review process before proceeding with design. Mr. Keel stated that the peer review report was also in the packet of information, and believed they had done a thorough evaluation. He said they believed the study overall was a good one, but there were some issues that needed further consideration. Mr. Keel said one such issue was the cost, and how they had determined the flow rate needed for the future plant to serve the Town for the next 20 years. He said one of the reasons for the concern of higher peaking rates was that the peer review had used information regarding inflow and infiltration from several years ago. Mr. Keel said currently, those figures had decreased so progress had been made that was not reflected in the peer review report. Mr. Keel said because of that CH2MHILL had gone back and looked at data over the last 18 months and agreed that because the inflow and infiltration figures had decreased that the peaking numbers could be less, and as such they were able to drop the future plant capacity from 3.8 MGD down to 3.2 MGD, which made a large different in the cost because the facilities would not need to be as big. Mr. Keel said nitrogen and phosphorus would be difficult to treat, and by bringing the capacity down to 3.2 MGD it would allow them to discharge a higher concentration of those two pollutants and it would not require treatment to the same level as it would have been 9 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 10 of 42 if they were building a 3.8 MGD facility. He said it would also save time in the review process, since not as much environmental review would be necessary for the study. Mr. Keel said as they get the report approved by the State and they begin moving into the design phase, they would look for ways to further reduce the overall costs, such as phasing the expansion. Mr. Keel stated that the previous maximum cost they had looked was about $41.5 million, with various contingencies built in. He said the current maximum cost was $30.5 million, about $11 million less. Mr. Keel said even with moving forward fairly quickly, it would be at least a year before they would begin thinking about obtaining construction bids. 8:15:40 PM Commissioner Gering asked about the new assumptions about the peaking factors, and if those would change the Town's water capacity model. Mr. Peterson said the water capacity model was based on 3.2 MGD, so they fit in perfectly. He said they would soon get more sophisticated with factoring in projections for sewer. G. Consideration of letter of interest in Annexation for 22.31 acres on St. Mary's Road 8:17:11 PM Ms. Hauth said a letter of interest had been received from the parties involved, and per the Board's direction she had attempted to persuade the applicants that the Town was not favorably disposed to annexation requests at this time. She said this property was not contiguous with the existing city limits, and therefore must be considered as a satellite. 8:17:54 PM Mayor Stevens said he believed the Board had made it very clear that they would not be interested in annexation requests. He asked about the second part of the request. Ms. Hauth said the second part of the request was that the parties involved were interested in having utilities extended even if no annexation took place. Mayor Stevens said that would be in direct opposition of the Strategic Growth Plan. Ms. Hauth said this was an area that was within the Urban Services Area, but was not an area that would come into the Town's extraterritorial jurisdiction automatically. Mayor Stevens said that was not something they were looking to do and in fact had said they were trying to keep residential development south of Interstate 85. Ms. Hauth said that was correct. 8:19:04 PM Commissioner Gering agreed with the Mayor's comment regarding the Strategic Growth Plan, and said it had been his position in the past that when they considered providing water and sewer services that they should also strongly favor annexation. 8:19:35 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to decline the request for annexation by a vote of 5-0. The motion was declared passed. to September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 11 of 42 H. Discussion related to Annexation/De-annexation relative to Cates Creek Parkway and Waterstone Drive 8:20:18 PM Ms. Hauth stated that the final alignment of Cates Creek Parkway was different than the alignment annexed in 2004 with the entire development. She said the new alignment created less impact to the intervening wetlands between the bulk of the development and Old NC 86. Ms. Hauth said that Stratford Land was currently negotiating with the property owner for acquisition and annexation of the correct alignment, and in return, the Town and owners would work to de-annex the previous alignment. She said that due to a surveying error, an adjustment, or de-annexation, was also needed at the intersection of Waterstone Drive and NC 86. Ms. Hauth said a public hearing would be necessary for the annexation, zoning, and master plan amendment to reflect the correct corridor for Cates Creek Parkway, and if the proper documentation was submitted by the advertising deadline she would place it on the October public hearing schedule. 8:22:05 PM Mr. Hornik said while this was in the nature of housekeeping in respect to Waterstone to clear up the northern access drive, they did have to follow the process. He said for the de-annexation, he would work on that bill and have it ready for next spring's legislative session. 8:24:27 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to call a public hearing on this issue at the October meeting by a vote of 5-0. The motion was declared passed. I. Consideration of an Ordinance to Annex 3.26 acres at 2313 Old NC 86 (TMBL 4.44.B.22 and 24)(Credit Union) 8:24:58 PM Ms. Hauth said these were the two Credit Union parcels that went to public hearing in July. She said the properties were contiguous with the existing city limits. Mayor Stevens asked was this action recommended by the Planning Board. Ms. Hauth responded that the rezoning had been supported by the Planning Board, but they were not concerned with annexation matters. 8:25:53 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to approve the ordinance to annex 3.26 acres at 2313 Old NC 86 by a vote of 5-0. The motion was declared passed. J. Consideration of an Ordinance to Zone 3.26 acres at 2313 Old NC 86 Economic Development District (TMBL 4.44.B.22 and 24)(Credit Union) 8:26:19 PM Ms. Hauth reminded the Board that a rezoning was atwo-part process, and it would be necessary for the Board to adopt a compliance statement per G.S. 160A-383. 11 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 12 of 42 8:26:49 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to approve the Compliance Statement per G.S. 160A-383 that the rezoning was consistent with the Town's Comprehensive Plan, that the Economic Development District was the Hillsborough district most similar to the existing County zoning, and that the existing development on the site complied with the standards and requirements of the Economic Development District by a vote of 5-0. The motion was declared passed. 8:27:08 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to approve the Ordinance to rezone 3.26 acres at 2313 Old NC 86 to Economic Development District by a vote of 5-0. The motion was declared passed. K. Consideration of resolution authorizing Special Use Permit -Waterstone Park 8:27:47 PM Ms. Hauth said at the public hearing in April there was a discussion about what exact improvements were included in the developer's portion of the project, and the Board deferred action on this until they had a chance to meet. She said at the last meeting they had discussed the need for restroom facilities and irrigation of the field, and the developer had now offered to share the cost of construction of the restroom facilities and remove the irrigation from the field. Ms. Hauth said upon more mature consideration by staff as well as more research, the staff recommendation was that they move back to the original proposal to include the irrigation for the field to make sure that long-term it would function properly and was well-suited to its use. She said that the restroom facility was something more easily separated from the rest of the site construction and something the Town could undertake. Ms. Hauth said they appreciated the flexibility of the developer and the applicant in providing that research and information to the staff. She noted that representatives from Waterstone were present tonight to speak to those issues. 8:31:10 PM Commissioner Hallman said the developer had been required to invest at least $325,000 in improvements, and the Board had discussed that that amount was a minimum, not a ceiling. Mr. Peterson noted that if the contingency was not used, then the Town would receive those unused funds which could be put towards other amenities. Ms. Hauth said it was her understanding that if the amount was not used at the site then the Town would receive the difference. 8:32:51 PM Dave Denison said that was correct, adding they were committing to spending $335,000 rather than the minimum of $325,000. He said any funds the Town received he would hope would be spent on the park at Waterstone. 8:33:21 PM Mayor Stevens said he believed the Board would commit to spending in on the park at Waterstone. Mr. Peterson said if the staff recommendation was acceptable, then the Town would be responsible for the restroom facilities. He said any contingency funds received 12 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 13 of 42 would be applied towards that cost. Mr. Peterson said present contingency funds could be used to provide the restroom facilities. Mr. Peterson said it was critical to have the irrigation and that it be done right, along with the restroom facilities. He said because this would be the first recreation facility of significance for the Town, they did not want to look back two years from now and be sorry that they had not taken the extra step to make sure things were done properly. 8:34:39 PM Mayor Stevens said he had heard a lecture by Mayor Riley of Charleston, South Carolina last week, and one of the things he had said was that if you got the public spaces right, the private spaces would follow and would always add value. Mayor Stevens said Charleston was a model for planning, preservation, development, and community beautification. 8:35:39 PM Mr. Denison said it was their intention to get the park built and ready to be seeded and graded by May 2008. 8:35:59 PM Commissioner Hallman asked about the bulleted list provided by John R. McAdams Company. Ms. Hauth stated that had been forward on Friday via email to the Board. She said it could be incorporated into the record by reference, or added to the resolution of approval. 8:37:07 PM Mayor Stevens asked if there were comments from the Parks and Recreation Board. Ms. Hauth said the strong interest from the Parks and Recreation Board was to get the restroom facility in as soon as possible, and that the $325,000 not be treated as a cap but as a minimum. She said the Planning Board had also recommended that the restroom facility get in as soon as possible. Ms. Hauth said on the resolution for approval, Item g should be removed since they had not yet discussed how the ownership would transfer, and be replaced with the Phase 1 and Phase 2 components detailed in the letter from September 7 from the John R. McAdams Company. 8:38:34 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to approve the Special Use Permit for Waterstone Park, amended to remove item g and replace it with the Phase 1 and Phase 2 components detailed in the letter from September 7 from the John R. McAdams Company as discussed by a vote of 5-0. The motion was declared passed. 8:39:52 PM Commissioner Hallman said he was disappointed that they could not do everything at once and that there was not more of a contribution than the $10,000 above the minimum of $325,000. L. Consideration of an Ordinance to Rezone the 24 acres known as Gold Park from Agricultural Residential to Office Institutional (TMBL 4.38.B.34) 8:40:17 PM Ms. Hauth said a public hearing was held in July to rezone the 24 acres known as Gold Park from Agricultural Residential to Office Institutional. She said that designation would 13 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 14 of 42 allow a reduced side setback to allow the main building to be moved mostly out of the floodplain. Ms. Hauth said that designation also matched the zoning currently in place for Fairview Park and Exchange Club Park. She said the Planning Board had unanimously recommended approval. 8:41:16 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to approve the Statement of Compliance per G.S. 160A-383 that the rezoning was consistent with the Town's Parks and Recreation Plan and Master Plan for Gold Park by a vote of 5-0. The motion was declared passed. 8:41:32 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to approve the ordinance to rezone the 24 acres known as Gold Park from Agricultural Residential to Office Institutional by a vote of 5-0. The motion was declared passed. M. Consideration of a Ordinance Amending the Zoning Ordinance to establish Stormwater control regulations to comply with town's NPDES Phase II Stormwater permit 8:42:10 PM Ms. Hauth said the Planning Board had deliberated over this issue, primarily due to the question of do we leave the existing language in the ordinance as well or do we let this be a wholesale replacement. She said the language as it was recommended from the State and as it was in the County's ordinance began with lots that disturbed one acre or more of land. Ms. Hauth said in Hillsborough there were many lots smaller than that, and had many projects that disturbed less than one acre of land. She said there might be a desire to address stormwater concerns on those smaller lots. She said the Planning Board was evenly split 4-4 on that issue. Ms. Hauth said this came down to a policy question. She said many of those smaller lots would be the ones that were closer in the developed core that would likely have a storm sewer service available to them, and the question was did they want those smaller lots to tear up existing pavement to put in a Stormwater control device or did they want to deal only with the larger lots of one acre or more. Ms. Hauth said Terry Hackett from Orange County had said the most important thing they could do from a water quality standpoint was preservation of the buffers, which they were doing. 8:44:58 PM Mr. Hornik noted the ordinance was tied to the area disturbed, not the size of the lot. Ms. Hauth said that was correct, so it may be that it was a retrofit, a new site, or a downtown lot. She said if the current language was left in, in theory an owner of a small lot would have to install a stormwater detention system if they were to tear down a structure and build a new one in order to meet the current ordinance. Ms. Hauth said an example would be the redevelopment of some of the properties along US 70, many of which would have less than one acre of disturbed area. She said because some of those areas were already developed, it may mean tearing up pavement to install a detection facility that would be rather small to capture the first 1/z inch of rain as currently required by the ordinance. 14 September 10, 2007 Regulaz Meeting Approved: October 8, 2007 Page 15 of 42 8:46:14 PM Commissioner Hallman said with the amount of the impervious surface downtown, there could be an incredible amount of runoff from lots of an acre in size. Ms. Hauth said a lot of volume could come off the downtown lots, but it was coming off the lots now and going straight into the storm sewer as opposed to being treated in any way. 8:46:53 PM Commissioner Lloyd asked about dirt at construction sites that washed into the storm sewer. Ms. Hauth responded that was handled by the County's Soil and Erosion Control permitting. She said this was different, in that they were talking about long-term stormwater detention. 8:47:57 PM Commissioner Lloyd asked about dirt that might be blown onto other lots by the wind. Ms. Hauth confirmed with Mr. Hackett that they addressed those issues s well. 8:48:19 PM Terry Hackett, representing the Orange County Soil and Erosion Control Office, stated that basically the State required that all sediment was maintained on site, whether transported by water or wind. He said during these drought conditions they were seeing more issues arise. Mr. Hackett pointed out from a construction standpoint that all projects not in a protected watershed that disturbed 20,000 square feet or more required an Erosion Control permit. He said in the protected watersheds that dropped to 10,000 square feet. 8:50:20 PM Commissioner Hallman asked for Mr. Hackett's opinion on the possibility of land disturbances just under the one-acre rule. Mr. Hackett said there would be cases where a developer would come in site plans with .99 acres of disturbance, but that one-acre threshold seemed to be what most States used, as well as the federal government. He said it would simplify the ordinance to replace the existing language with what was required under Phase 2, but in the future if they were seeing a lot of that type of development then they could go back through the process and lower the threshold. 8:51:42 PM Mayor Stevens asked about a third option, to perhaps use the language but allow for a waiver of a .99 acre disturbance that the Planning Director or someone could sign off on to say that it was not appropriate. He said he did not want it to be burdensome to staff, but wanted it to presume that a stormwater detention would have to be installed but would also allow for something that did not make sense to be waived. 8:52:19 PM Commissioner Hallman suggested that perhaps the Board of Adjustment could do that. Mr. Hornik said it was doable to make it an administrative/staff decision as long as the criteria was clearly spelled out. He said if the Board of Adjustment was given the authority, the same parameters would have to be made clear. Mr. Hornik said that was something that could be considered but did not believe the Town Board was prepared to do that tonight. 8:53:22 PM Commissioner Gering said he believed that was a useful suggestion, and it pointed out to him that they should replace the language, and if flexibility was needed then that type of process using clear parameters could be utilized. Mr. Hornik said ordinances were always being tweaked, because experience was a great teacher. 15 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 16 of 42 8:54:17 PM Ms. Hauth said she could monitor the situation, and if the next few site plans that come in were all .99 acres, then she would know there was a problem. 8:55:46 PM Mayor Stevens said then they would be keeping the more stringent requirement but keeping both statements in, and then the Board would be open to looking at where exceptions needed to be made and then crafting an ordinance that would allow for those exceptions. Ms. Hauth said in Section 1 of the ordinance, it would state that: "Section 5.20 of the Hillsborough Zoning Ordinance is hereby amended by inserting the following language and renumbering the subsequent sections." 8:56:58 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to approve the Statement of Compliance per 160A-383 to establish stormwater control regulations to comply with the Town's NPDES Phase II stormwater permit by a vote of 5-0. The motion was declared passed. 8:57:27 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, The Board moved to approve the ordinance to amend the zoning ordinance with the amendment to Section 5.20 to state that "Section 5.20 of the .Hillsborough Zoning Ordinance is hereby amended by inserting the following language and renumbering the subsequent sections" by a vote of 5-0. The motion was declared passed. N. Discuss citizens group request to pursue passenger rail service for Hillsborough 8:58:12 PM Ms. Hauth stated there was a casual citizens group in Town who was very interested in approaching both the Department of Transportation and Amtrak to re-establish rail service in the Town. She said she was asking for authorization to continue discussions with that group and for authorization for staff, the Mayor and Board members to make contact with other agencies to determine interest and steps needed. 8:59:37 PM Commissioner Hallman asked if this was a Transportation Advisory Committee issue, and should Orange County weigh in on this. Ms. Hauth said this citizens group was considering taking a similar item before the Orange County Board. She said she could check with the TAC to see if this issue needed to be put before them for discussion as well. 9:00:15 PM Commissioner Gering stated that the Tourism Board was very enthusiastic about the possibility of passenger rail service in Hillsborough. 9:00:45 PM Ms. Hauth said at the first meeting they had briefly discussed making some contact with Amtrak and DOT to determine what sort of information they would want to see from the Town before they would consider a stop. She said they would then have a wide variety of non-profits and various organizations and governments to contact request a letter of endorsement so that they could have a whole package of such endorsements to offer. Mayor Stevens said that generally this looked like a positive thing, but they needed to be careful and do due diligence to identify any unintended consequences. He suggested that they move 16 September 10, 2007 Regulaz Meeting Approved: October 8, 2007 Page 17 of 42 forward to at least put the idea on the table. Ms. Hauth agreed, noting they had discovered at the meeting that they did not necessarily know, for instance, where the best location might be, if they should recommend a location, if they should defer to the wisdom of the rail operators. She said they had learned that there was a lot they did not know and they had a lot more work to do. 9:02:23 PM Mayor Stevens said he was seeing a positive nodding of heads as to providing the authorization Ms. Hauth had requested. O. Discussion of Town Board E-Mail -Presentation by Town Attorney Bob Hornik on Public Information Laws 9:02:44 PM Mr. Hornik stated that during the summer a question had been raised about any obligation Town officials had, particularly email received at home regarding Town business, to keep them. He said the short answer was yes, you were required to keep them. Mr. Hornik suggested that if you received an email at home regarding Town business, that you forward it to your official Town email address and delete it from your home email address. Mr. Hornik said they wanted to be sure that such emails were kept in a place where they could be archived in accordance with State statutes and policies. Mr. Hornik said the Town did not as yet have a formal email policy, but they did have a policy regarding retaining communications and records that was consistent with State law. He suggested that the checklist provided in the packet could and should be used by officials and staff to determine if something was a public record and needed to be retained. Mr. Hornik said the more specific about Town business a communication was the more important it was to keep it. He said emails confirming a meeting, for instance, did not need to be kept. 9:06:49 PM Commissioner Hallman said when someone sent him an opinion on something, did that constitute a public record. Mr. Hornik said if it was their opinion, he did not believe it would constitute a public record. He said if someone sent you a letter about a current issue, it would likely need to be made a part of the hearing. 9:08:00 PM Commissioner Gering said he would like to have the Town provide archiving services for emails received through the Town's email address. Mr. Hornik said they needed to find out if the Town's software had that kind of capability. 9:09:51 PM Mr. Peterson said there was a process where every so often archived emails could be saved to a CD ROM, but did not know if the Town's server could automatically archive emails in the same way. Mayor Stevens confirmed with Mr. Peterson that the staff would do some further research P. Discuss Preparations for the Town Manager's Annual Evaluation 17 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 18 of 42 9:11:05 PM Mr. Peterson asked if the Town Board wanted to use the same process as in the past, or do something different. He said Commissioner Hallman had made some suggestions last year regarding identifying goals or targets. 9:11:34 PM Commissioner Hallman said he believed part of the evaluation had been contained in the results of the survey discussed earlier tonight, noting the response was very positive as to the services provided by the Town and the services of Town employees. 9:11:57 PM Mr. Peterson said he would provide the same evaluation form as used in the past as a friendly reminder of what a good Town Manager should be attending to, in theory. 9:12:11 PM Mayor Stevens said that evaluations were very much atwo-way street, and suggested Mr. Peterson add some things he would find helpful. Mr. Peterson said the process had been very relaxed and informal in the past, and that had been helpful for him. He said the Board was generally very blunt and clear, and that had worked for him. Q. Discussion of September 24th Workshop "Hot Topics" 9:13:47 PM Mr. Peterson stated there were two potential topics, one of which was if American Asset Corporation was definitely ready to move forward. Ms. Hauth said American Asset was waiting to hear if the Board members would be available on September 24. She said she had not gotten a full response from a quorum of the Planning Board as yet, and it looked like no matter what day was chosen they would be without at least one of the members. She added there were 9 members of the Planning Board. 9:14:26 PM Mayor Stevens asked if a substantial number would be available. Ms. Hauth said she believed so. Mayor Stevens asked if he was correct that American Asset would present information at the meting, but the Board would not receive it in advance. Ms. Hauth said part of that was because the Board was not being asked to make any decisions at that meeting, and that primarily the meeting was for American Asset to provide a response to some issues and to determine if they were heading in the right direction. 9:15:33 PM Commissioner Lloyd asked if the meeting would be in the Battle courtroom. Ms. Hauth said it would be in this room, noting it was just a workshop. 9:16:08 PM Mr. Peterson said another topic had to do with a call he had received today from Joe Rees, who was a member of the Tree Board. He said the Tree Board had recently heard an application forwarded to them from the Historic District Commission from a property owner on Tryon Street who had asked permission to remove three older trees in the public right-of-way to provide access to a lot they were under contract to purchase. He said Mr. Rees had said the Tree Board's decision was to have the applicant hire an arborist to determine how to save as many of the trees as possible. 9:17:02 PM Mr. Hornik said the idea was that there was one tree with two trunks that by any design would have to be removed, and the Tree Board had said that was okay but for the other two trees they wanted to see a plan from an arborist to show how they planned to preserve those 18 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 19 of 42 trees. He said there was also a promise that if the trees died within five years from construction that they would have to be replaced with a certain type of tree with a certain caliper. 9:18:10 PM Mr. Peterson said that was a necessary condition for the HDC to approve the application, so Mr. Rees, even though he voted against it, wanted to appeal this to the Town Board. He said the Town Code provided that the appellate authority for Tree Board decisions or recommendations was the Town Board, so Mr. Rees had an attorney writing a letter of appeal on his behalf. Mr. Peterson said Mr. Rees was exercising his rights as a citizen to appeal that, and wanted to bring that before the Board as quickly as possible. He said when Mr. Rees had learned that the next meeting was not until October 8, he had indicated that was not soon enough, and was asking for his appeal to be heard at the workshop on September 24. 9:19:25 PM Commissioner Gering asked why Mr. Rees had thought October 8 would be too late. Mr. Peterson said he did not say. Mr. Hornik said during the Tree Board meeting there was a lot of discussion, noting this was a sensitive issue. 9:19:53 PM Mayor Stevens said his experience with the HDC and the BOA was that any time a tree came up it became a long and sensitive discussion. Mr. Hornik said even though this was an appeal of the Tree Board decision, the HDC had struggled with the issue as well. He said the trees in question were in the public right-of-way, which gave the Tree Board jurisdiction over them. Mr. Hornik said there were issues of access for the property owners, and the trees were in the way of that access. He said the Tree Board had discussed the issue for nearly two hours. 9:21:16 PM Commissioner Lloyd asked about the Tree Board's vote. Mr. Peterson said the vote was 3-2 to conditionally approve the request, and Mr. Rees was in the minority. Mr. Hornik said Mr. Rees had the right to appeal that decision to the Town Board. 9:22:03 PM Mayor Stevens asked would the Town Board need to look at the substance of the issue. Mr. Hornik said yes. He said that Section 7.36 of the Town Code was vague in all respects, which stated that any citizen could appeal a decision. Mr. Hornik said because advisory board members were not excluded, then Mr. Rees had the right to appeal. He said perhaps the Board might want to consider revising the language in the near future to provide some specific standards to make it easier to make decisions like this one. 9:23:17 PM Mr. Peterson suggested that rather than have a staff person take notes of the Tree Board meeting, that full minutes be prepared. Town Clerk Donna Armbrister noted she had sent an email to the Town Board's minutes preparer to determine if she was available to transcribe the recordings, and was awaiting a response. 9:23:54 PM Mayor Stevens said it appeared that this issue could take some time, and was concerned about scheduling both this appeal and the American Asset Corporation at the same meeting. Mr. Hornik said he believed this appeal would likely take more than an hour, based on what he had heard at the Tree Board meeting. 19 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 20 of 42 9:24:21 PM Mr. Peterson said with the minutes turnaround time and so that people were not rushed, he believed this issue should wait until October 8. He said that would give the Tree Board time to make arrangements to attend. 9:24:41 PM Mayor Stevens asked what problems it would create to place this item on the agenda for the October workshop. Ms. Hauth said the problem it would begin to create was that the applicants had a contract to purchase the property, and if they could not develop it to their satisfaction then they likely would have no interest in purchasing it. She said she did not know how much time was left on the purchase contract, so did not know what the impact might be. 9:25:28 PM Commissioner Lowen asked where on Tryon the property was located. Ms. Hauth responded on the 300 block of West Tryon next to the lot being developed by Jeff Hopper. She said the property was steep and presented all sorts of challenges. She said the trees in question were the three Sycamores in the front of the lot. 9:26:53 PM Commissioner Lowen asked if they needed to decide tonight on a date to hear the appeal. Mr. Peterson said they did not have to, but it would be helpful. Commissioner Lowen said they were almost between a rock and a hard place, because if the property was up for sale and potential buyers were facing this now, if they decided not to buy it the next buyers who showed an interest would be in the very same position. So, he said, at some point they were going to have to face it and make a decision. Ms. Hauth said the issue had to do with placement of a driveway access to the property. Mr. Hornik said another issue was that about half the property had a stream buffer issue and could not be encroached upon, and in the remaining area you had these three large trees along the road frontage. He said because of the topography a lot of fill would have to be put in, and at least one of the trees would have to go in order to provide vehicular access to the lot. Mr. Hornik said one of the current designs was to have a circular driveway, but one of the conditions of approval from the Tree Board essentially eliminated that configuration. As a result, he said, there would be only one access drive on the far western side of the property where there was one tree which would be removed, and perhaps the other two would remain. 9:29:38 PM Mayor Stevens said they had a duty to hear this appeal, and had some obligation to hear it in a timely manner. He said it would be a long evening whether they heard the appeal at the workshop or the following regular meeting. Mr. Peterson said they had not yet received the official request for appeal, and suggested waiting until that was received and Mr. Hornik had reviewed it before the Board scheduled the appeal. The Board agreed by consensus. 11. CLOSED SESSION A. Closed Session as authorized by North Carolina General Statute Section 143-318.11(5) regarding Property Acquisition (Riverwalk) B. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (6) regarding a Personnel Matter (Update on Hiring Process for Assistant Town Manager) 20 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 21 of 42 C. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3) to meet with Town Attorney regarding current Litigation Robins v. Town of Hillsborough (Asphalt Plant & Courtyard Condos) D. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3) to meet with Town Attorney to receive Update (Code Enforcement Issue) 9:31:40 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to enter into Closed Session by a vote of 5-0. The motion was declared passed. 12. ADJOURN Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to adjourn the meeting at 9:32 P.M. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, MMC Town Clerk 21 September 10, 2007 Regulaz Meeting Approved: October 8, 2007 Page 22 of 42 Mait at?cr recrxrdin~ W •r.c, ~ru~tzi~. Jr. The il.anufs Law firm 3t~. ~txs .~, 382 P. Fzanktin St. t;hss~~llFTi11, l~C 27~ 14 t7range bounty I'lN: 9874b77958 C)TIL"~ A1+& URi3iNANt;'E RATIFYING THE ABATEIVIENT nE VIULATIC3NS OF T~3:1~ ~Ap(~ypp y~}~7H~Ig1.gL~7~I}~ty7}R~yt)1p~7yt~~H~}Mx y1~7~~fi^I/l+~/M~gI7~,71!p+t~Tr7I~I~IC: ~~~I/E• ~Ty y "T1J0 3A..Ai R`.lA. 9SSi3tiV ~1! U.E1.KA\VE L4J{.31\1 i~j S7QRT~1. 4.P9.~'lP~~~~H ~l'3i1?~t,~x~, the 'l"o~~~a of Hillsboroaglt i,ss;i~~~ted the pt~ises locatexl sst 4f18 diver Road, Ch~tt~e County "~;,rt~~'' :rtstna, t~hi~h. is in the cxtrszterritsrrial,~urasdeton of the Town ofHillsboroa~h, on January 22, 2~ for ~~~~.:it,l.~ vit~l.atic~ns ~>ft}t~ I~Iillsk~on~szgh luii~tiitt~utn Hot~sittg ~:c-de; ~"13':K4~i;'1.5, based. nn this ins~e~tio;z, ttlc. l~illsbors~at~lz C`rsde ~tsnforcem~zst C)f~uer moused a }aearir~ to be hei<1 t>n Apri1 1~, 2Uft'7 ftar the faurpose o~l'ssf~ling i<sc;ts z~~ith res'd t<, tize ailr.gsxi viczlations; 1tit~R:C3Aa, h:ist,:c~ r~rt fhe evidence ~aresented ~k tlxe hegrin~, the i3illsborcatz~h ',ode C?rz(<zrcement tttser issued axitten l?inu'iss of Fast on ~laril l6, ~4t?7, and based un the findings. caf t<icc, tixe Cade linforceent (~fficcr ordered. ~.. 5+e~ure tike ~'ky ~!1t l~catdirag or repalrln~t rill ntm-!`unctlt~tlr~ wi ar~d dcsors lacks ~ deter ~ssing azul a~,vent c~saupey rvithln teen (1a) days of date +~ the and 2. Cut all crgr+cw+rn areas t~vltt~ln 3#? days erid establish a rautlFr~e, ly rirusltrter~rru~e ule for ~ review; WNEI1bt;AS, the P'lf'ty owner cat recaard fated to brim the property into compliance with the klillslxarough A+linir»u ilousint; Code; 1YllfRlAS, a plac;dtrd declaring the hones ~mlit f«r htunan halaitatio tt.~s been placed ota the hou.~e; 1~`Ftl"RE.~S the "l`own ~taff~ zan ~9ay 2~, 2t}t17, abated the remain;rzr i lu,zsing C;c>de viotsatiuns can the prenzi~s~~ (hut not i ,side the harass}, and the prcaperty tavv~cter has been sent a bill fur this abaterxaetst in the attaount ofF~z~s>rl~lzsn~#r~d ~~~_~i";.,~riyt>Clllfltl~ll{~43~.ttt)); 22 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 23 of 42 Nt)~, TII~REF(7121:, ~ I"I" C)I~~INTaT7 by the 3'r~wn cif HilRsboraugh Board of ~ommissianers, on m+~tion of twammis:~ianer T3rizn l..oww,n, seconded by Commissicaner Frances I3ancv this IQa' clay of September, 2(107, as follows: 1. '1`he actions of tlae lliltsborough "l"awn staff to abate the ITillsbau~h Minimum Hausin8 Code violations at 408 River Road ~t~rane £`aunty PIN 9874677958) are hereby atttharized, ratified and athertivise approved. 2. "T"he hill E<,r abatement in the amount of Four E{undred and 'T'hirty f}t1t10{l l7ollars {$430.£}0} is hereby authorized, ratified anti otherwise approved: aid said bill sl~Tl he t! lien upon the premises effective May 23, 2Q07 pursuant to N..U.B. § 1 f~1%-4+~3{Ti} and t Iii ~sbamugh Minirnuxzg T°TerusirtT; ~acle § 17. WHl~>RFFt3RE, the fcrt~~ro;xg C}rdit~ance ~~as put eo a vote of the Tcswn oaf Hillsbarau~h Board of C'otntnissiaxtets this l.tlth day ~?( Sc:l~temir. 2UD7, aad the results of whieh vote was as follows: Ayes; 5 Noes: 0 ~Inent or Rxcused: Q ,~~,„~ r C7ate: ~~te~tber l ~~ 2017 ~~~'`._'-~ ~~~1-r~r ~' T~zm~ Artnl~ti~ter, i asv°n tacrk 23 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 24 of 42 bail uft~r recording tc> `i`.C. Mcrr; iris, It, `I `, ! aw Firm Ste. R~ ~~ ~ ~ ~ t "> E. Franklin St. t? ,,,113i11,;'~~ 27~'l4 {".)range C.vunty 1'i'tl: 98 991ig87 l~t3TCE AN d)E2i3Il~IA;NCI+. RATlE"t'IC~ THI; ABAT~M~tV"C tI3F YIULATi(3 VS taF THI±< k[tl.i.4I3~Itt3U+Gt1 MlltithltlC HUU~II~iG CODE AT 644 M~AI3A~~ RQA!) ~N N11,L,ti13fJttt)17GI1, iV(3RI'II. CA12t7~i:C1~tA VJIIF.R:IaAfi, the: Town of iiiilstxrroufth received compiraint:; in October, 2f}f35 regarding a potentia9 hard pcrsexi try fallen tt~°es, }urr~cf cttaterr~ls on the premises and a dclerirrcated dwelling at fi44 McAdams Road.; ~~'iI.~R[ ~~~, ttre llitlsborrrza~~ Code I;e~frrrccm~;rat {)t)icer duly responded to thcsr, corttplairtts tsy c<znaucYinsy a site inspecracirs t~f ?t7e e+cr~ti:>r oft}rc property in f)crc,l~r, ~Ot}5; WHl?iilAS, irxtsecl on this inslac, ,,,,r, nc~ Fl€Ilshr?rout.;t3 'Code fnft>rternent Clfftcer caused a hearing to be held orr January 3, 200fx for tlxe l~~~„ :, ,>t tiiti3tttL. faic°ts with ctMgard to the condition of ttre exterior of the house, the prcanisi;s and the possible ha~a, .t pcr:~x~d }ry fallen armor de~tul tt~es and lirrabs on the site. Notiee of the hriog wus dnly given to the prcrperiy owner of record, T+ts. Alice'Y`vonate Jones; ~t!C"sttl::AS, based ern the e~zdenee premed at tt~a~ hearing, file ll'z.llsborou~tt Code Enforcement C3ffiu:r i~.,~ed ,?ritten Findings of i^'aci on January 23, wCtCl~ti, rind trttSed on the findings of fact, the {"crrle l~nf2 ~ ~ ,,,. , : i ' ~ i1 rt:r ordered that the dwelling on dte prolrrr t~ be demolished and rentaved and the fallen andlor desul Creek nrsrl lirtttrs and other junked materihls tre rcrnov~l E'rcrtn the Crrcapert~' by Alai! 24, 20(36; Wi~ll=ltlsA~, betw~:cn January, 20t3fr and t:)ctober, 200fr, c 1-iillsi~rroulh t'crcle 1=~;'nfot'c^eent Officer Gotri81n,r3i~;Ett~d with to different ps;x?ns purpcrrtin~~ either to represcrtt the property owner <?r tQ be in nc~nc>tr~suc?n~ Y~~ith t3te property nwner tr* mil the pF~rrty, ~n~l F}<i~rt c?n these representations, the iiillsbaron~;h f n~fe I~.z~#~,rcer7~•wrst C)fficer clelay~ed <~rts~~rc~~ruc.nt of the { Iillsh<x~~5,~~;h 101inirrru Housint; Code; s~i.I IE;I~i?.A, *~^ ow^r - , , ,~ _rr~ for the crw~raer cant fall~cr t~~ss:~s tck f+e rc°mtrved ~-~rn 5::-~ 3rav; : ~d k~„7 c#id:~e~+ fast'~> c1~x~r tlrz . r~ ~ ~ aii haraards artd violalic>ZtsOftbe lliit~;i~t~rora,~,ti Mir~irrrum }~i,ru. ~~, ( r:;, 24 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 25 of 42 V~HER:I„.AS, a placard declaring the house unfit far human habitation hay kseen placed an the house; WHEk~f=s~`i, the "fawn. staff on .April t t, 2{107, after proper notice to the owner, abated the rema'snin~ Hous~n~ Cale ~~i~~latians tkri the premises {knit not inside the house), and the property awttar has been. sent a krill far this tcittent in the amount of Six ~Itmcired SeventypFve 5t1114D Utillais ~$(75.5f}); QW, 'i~llItEF't}Rl^., tiE I,f. ~RDAll~ll~D by the Town of Hillsbau~;ti 8aaril of ~aozmissianers, on inatian of ~ammissianer l3riar+ T.~S*, seconded by Camtnissacmer :Frances Tfa~-c °, this I C?`"' day of S~ateinber, 2(1(17, as follcaws: 1. 'I'he actions <if the I^Iiilslicaix~u~h Tciwn ataf~"to abate the Hillsborough Minimum Housing C;txle vitklati~}sir at Ci44 McAdams Rciatl (t3rarige bounty 1'IN X186499888?} arc hereby authorized, rati:(iexi and. otliez~~ise approved. 2. 'The bill for abatement in the amount of Six Hundred and ;~~:vut~ty-C'ive 5{1,'10 i~olla€s (5675.501) as hereby auth~+r+xed, ratitied and otti~erwise approved.., and ;paid kill shall Ire: a lies,. upc~st the premises cfftive April 1 t, 2{1(17 pursuant t3e+ .t'.(i,'a~s. ~ 16(1A-44:i(5) and Flitl~burou~h Minirms~n H~7u~is~~ ~`c~e ~ l7. ~iliEltl.t'clttt, the foregoing grdinance was put to a vats of the "t"awti of 3~illsbaraugh I~aard cif 0:,r3mstxii:~.~«nur~ ~ h~ ;111th day of 5_ testier, 2{1(1'7.7 atad the resailts of which vats was as follows; Ayes; bicses: 01 Absent or Excused; t1 ,'` " ~ ~ .M. ~~^`~ `' tote. ~ _b~r ~~_ .~. _ ____ ~ ._ __ Lk>nnn ~lrnibrister, 'T`own 0:lerk 25 September 10, 2007 Regulaz Meeting Approved: October 8, 2007 Page 26 of 42 l7ESOLt71 TON #20t~7Q9l.Q-9. F GttSP~{}2_,q North CarQlirla Governor's Fiighwaly Safely Program L.OCAI. ta~t)YERN~AENTAL ~tES~LUT1t}N Form GHSP-t12~A (To be coenpletad, attached to and became part of Form GHSP-02, Highway Safety ~ Garitsad.) WHER~#S, the Hillsbo h !i rtinertt %t~~rrein card the'~ency'} cr+~ At?i~k~aet n,yy has completed an appliaatlon contract for'traffic safety furiding> axtd ritat the Town a' ~ ~ ~;=,Y~rot~h {herein called the "Governing Body") has tharoughry cortsldered the problem iden#ified and has reviewed the projet~ as described in the contract: THEI2EFQf2E, NOW 8E !T RESCZLVE[7 BY THE TC}WM t?F HlLLSBQF2C3R~GH ____.. IN t1PEN 4 ) tdIEETlNG ASSEI~tBLEf) IN THE CITY OF I-tILLS8C3fit£?I.iGH ._ . NC}R"f0.1 CARC7LlNA, TMIS DAY pF __no.....o,,, , 20 , A~ F~fLLt)WS: 1. That the project refierencsd shave is in rite best interest of rite Gcnreming Body and the genera! pubtic; and 2. That Chief Clarence F"__Birkhead is authorirted fib, an behaffi of the Gaveming ;~-.~ ~ss~ a iwe> 8ady, an application cx~ntract in ttte fiorm prescrbett by the Governor's Highway Safse4y Program far faders[ funding in the amount of ~9~,7 to be made to the CCcaveming l~.xiy to assist in defrayir~ {f~ders~f £SdYar ft»quest3 the cost of the project described in the aantrack applicaticar and ~. That the Gaveming Bally has fiormatly apprctpria#ed the cash cantributian of $22 56A.50 as tip c ; required by the project contract; and 4. .That the Project Clireator designated in the app!'rcation ctsntract shah furnish or make arrangement for other appropriate persons to famish sudt iriformaGttn, data, daauments and reports as required by tho canfract, if approved., ar as may be required by rile Governor's Highway Safi~tty Program; and 6. That rtiftecf caples of tlt~ resokst~n t9e included as part ofi #te confirau~t referenced atxtve; and 6. That t9tis resolution shall take effect immedia/fe~Ey upon its adapticm_ DANE ANC7 ORf)Ef2E1~ in o t '~' ~ ~ `°~'~-~ ~"""~ pen meeting bY~ -~--.....~ -tcrw,l ~:~...... ~ _...,..._ ...,. j ~' i ATTESTEf~ BY ~ ~`~,~;, ic+ [SATE .~._~",., ~..~.~ ~_...~__.~. S~~s o i;~ fi~ ~, `° fw ",~ °;~ ~, ..a. a;' ~! ~# '~~rsi~#~#491 26 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 27 of 42 Mail after reccarcling; to: [}r3nna P, Arrnixrlster, iVtMC: TOrvTt fi;lt>rk ~1•~41Wn t~f llltlsbaroal~i. P tl fox 42~ 1'Ialt;rou~h, N(: 27278 ~rdiraauce l~lo. 200'7t1~t4#-lU_I "1'ht fc~llz~wing ardinartcc wits irttrczzitttced by C;c~mmi~si~ncr f~riatk l~>exz, and. duly seccanded ley i`t>tz.rnr~;4icznc:r Evelyn ln~l~t6, /v~+7~A1V ®~~yt/X3/I~N~.pA~lr3,i~Cv~E7y..~•i~.N~IvVp~yY/I~~p(Apry~~r 4.Lii4 .i A 14~Y1/k.T l l i/ V i/f/U .J~A1lAF.~/l d 3 l~'C!k``ltErl,S. a pc^iiliun was recc;ived requesting flee antzexatic~n czf the properties covering s.26 az~res on the ss3ztthwvest cvrxzer cif"t)1c1 NC; 8#i nnd. C}akc#a{e Drive; WIiT;~~F4AS, the petiticzn was signed by the owners of all flee real prorty located within stzclz area; attd WlIFR~.;~t:S, a public laeztring on the zattnexation was held can lzily 1z), 2i)tl7 fallowing ncstice safsuch hearirtg publi~:kje<l ,tt the Neu+s of (}r~.n ~e~,,_ C;ovnt~ azz Iuly 3 atad 21, 2{NU'P. d1JOTf; TH~R1ti;FOIfE, TNT' t30~fRU O:F C,f?MM1~510N1;Tl.S ~`OR SHE TOWN-t)F ~iL13QR(3LrrCkf O~AAfN45: Scctican l . "1'he stand u#' Coixzrnissioners finds iltat a petitiotz requestir~; the annexation of the area described in Secticstz ^ iu~AS prs>perly signed try the nwners of all the real pttapetty lcx ated within such area and. t~`tzzi ;>ix: h ct.rcj is c~csntiguszus to the bautxlaries of the towtz saf liillskaczrougtz, as the term "cstntii;uszus°° i~ C{c:tv7t~~l inCl.S. Ilt€3A-~1{t}. fie. ~' ~n 2, "1`he follnnv„ ~~zr an~a is hereby ststnexed to and .made a art of the "I`own oaf Hitlst:c;.cri~ .. All s>fthe lartd encntxzpassed in tax parcels 4..44:13.22 attd 24. 27 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 28 of 42 Sex~tion 3. Phis Ordirtartce shall become e£f'ective nn adopt'son. Section 4. The Town Clerk shaft cause to be re~etrded in the OFftcc ctf the 12egster of f~ce<is of t7range Cnunty and in tl~ Office ctf the Secretary ctf State art accurate map of the ;4rtra~~ed territory desrrifaed in Sec#ions 2 aztd 3 together with a duly certified. copy nf' this orciirxtracc. Suclx a trap shall. also fae delivered. to the Orange Cctuttty :board caf liltiotts as zequired by G.S. lf:i-2411.1. 'I3te e'<:~ ,-,,gin;, tardinartce having laeen submitted. to a vote;, reG.~ived the fofltring vote at~td was duly adolx xf thin l t}m day of Septctntfier, "CYf 17. ~ye~; ~ ~ ~ `!, , Noes: 4 ~' Absezot or Exetd. t} ~°= ~_ r ~~ SIr~,L ~' ~TAT>~ ~~ l*tt?lt"1'1-l ~~olw ~'AF~~~°,,`,, COtJNT'~' O~ ORAl~3CiE~: ~ra'-rayti~++~`°~ ,~` ,~ ,~`ovvtt of Hillsborough t~rrnna F, P.r€nbristcr, Towrt Clerk I, .Yalta . V~u,ce, a htotary Public for ~:id C".aunty and State, do hereby certify ~ L~auaa ~'. Arrstbristex PC.Tt~»z;iily ala~~ared f+el<jr~:• ins; this day aatd acl~novvledged that slte i*s tltL `l'«wn Clerk for the Town ut 41; I1t~tx}rc,agh, a ;tiurth Carolina munieipal corporation, and that she, a:, Town t:~erlC, b°ing duly auttl~~ri red to dca sea, exccutec3 the foregoing itxstrunt~txt ~ ru:kasowledge that it is ast annexatitYn c~r~ii~l~f,€~' dtely adopted lay the 'l`awn of Hillsborough Board ctf Cr}mrntssicancrs cart tF~~ date istdie~#td. witness my h~~aia art~l official seal, this the ~ day of~~ , r~~. ~,„~,~~K+x,r,,,~~ ~_, ~ .. . `~~`". °F~O~~ ~C)f~icial SealO ~' 1v't3T'A~tY ,. ~'11~t.9C r __ Notary P~iiai;, 1 ~ c`0~ ~ ~.~, p Div"C4Ytl~ttll°ssi~?n cal}irc~: ~d~.,~4r.1~._~~~._._ _• 28 September t0, 2007 Regulaz Meeting Approved: October 8, 2007 Page 29 of 42 '~-, ~'C 1F~E(75.: ~ C_ t"i, ~ t 4t~ ~ t.kt€CI~l1?' !5_ ~ ~ ~; 1?'V TC~ 'i't 1(': 1:~f) ~ Ex i~ (~}~ ', i`:~ ;~{ ~,~~ ~~ ~; ~?k~ '(i~~~; "I~£.~' ~ £)T' l ~ ~,£.3R1 t,~'~ci: il' ., ~r~ ~1 . , }~ ._ ~ Ali _l ,rctty I ~ "E'.e ~:; ~ .,~ _~ r., at .. t t±tl , t~'.l ~ t#L' ,_. ... ., iC) %';j%~~' i-fl ~ ~ r~i ??li(.C~A @I ~ ~e3%tt~*`:~ . ~,~~'; -, ,_ 1 .. i.:~ frl 1~~LS ;cl >~l (~.~~ _~r;t7 2 e~~J ;_yt ~.. ..... ,) Q}. ~,Jt `tL 1 _, .',~. iC .~.. ;_(: 3 1~~.~ dXI: PE: i,n (s! ~' A cila l~Ls~t tt~~'t3 t:s ~t•;:.'~i{, ti [i;i ~ t.E~~1:~~.'~~ ~[3~. 2:41i[~i}S~C~' ~..i5~~~t~.~Xi'i:f.i t°S 4.}.':'. ~ ~)11 ~....~~., ._';31 t;YI7IXt~ z~t1fi j£ ~.q '~ ~ tfc;,' i,I _,~ ~T~t~_. ?€lti3"r. .f T \.A 3 ... ...._._ ....., , _ .. ........... ''~ ...... ......,,.,,.... n. _ , _ _........ . _, ..... ...................o... .,....... ,. a' F ,~ _:_ ~ Mf +"~ww._,... ~ . E ~ +/ . ....... .. ~''5E~~.9c'~~t~ C~Y:';1"c'S .. i'rr}c.ri}' £.>ws=ez tTr'itracz~s 29 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 30 of 42 ~M. v ` ` ~ ~ i°i ~~ : ar z ,~ t,~ ~4 i.F. Y ~ .. c+., ~ 4 Q ~ ¢ ~ t "~ L~J ~ . ~ ~ G3 {~~ ~ CL ^'L Fes- CJ ~/3 h ~3 O^` ~" Q ."~ r ~ ~ ~ E ~t i B '. :.~ CY.". ~ 3T'y d ~ t17 2 Wv n C3 ~ i-- ~ ~ ..3 i,~ ._ ? k c,.. [:a ~ t~fs ~ 0. ~ c~ ~ ,+~ e v S T r7 ~ f ~ ~ ~ ~ ~ ~ ~. ~ ~ tai. ~ ~ _ ~ ra. ~ ~ ~~4 t,. ~~'. ~ ~ ~ a ~ z ~ V E"cZ C 1. CY. t il rS.. .~ .. _.-._ .._.e.. . _.~_...q., _" ar.,aaa .. .._ f~ ~~ ~~ 'R ~ P ~ 'C r q,„-._e...._ i @9 6~ ~'_ -~"~l i ~~ .:..._ _ ~.__~._____ ~~`~ U ? ~ JeJ~~~ .+. ,~,Lx ire ,~.R Tm._ _ !~' ` °~ it a ~ itq~q~ ~gli i .........._ s ~" g } ~ p. tlY e O ~ T:s' ~" i ! ``~ ~~ ~~ •- ~! // ~~ ~~ i !! ~~ g _ dt~. u ry- ~ ~ :=: ( ~, 4 ~ i~#~ is a ~ a ~ a .. 4 x, +„ 30 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 31 of 42 'C'o~°rt Board's Slat~nterat per N,C. G~». ~tat.16U~~3fi3 The Town of i~tills borough Tawn Board hits received and reti-iewed the applic.ati«n oC the Mate 1mplcrvees Credit iJnian atnextd the Ta~vn of Hillsbaraui;hloning C7rdinancei'14~Iap as follows {insert general description ofpn.~lxysed amendment}: Zone 3,2fi acres at 2313 ~:1ld :~C 86 to the l:~conrsmic lslevelaptnent listrict. (TMBL 4.44.13: ?Z and 24} upon annexation. The Hillslaorough I'czwn :Board'has determined that the prerpc,d action is consisteut litxct~nsistent with -the Tawa of Hil'lslmrauglt's t'om,prehensive Plan, and the Town Board's proposed actican on the amendment is reasonable and in the pulalic interest for the following rcasonts): 1~ct~nomic I~e~~etopment District is the Hillsborattglt district rrtost sitrular to the existitzr~ county tuning on the Prapa=rtz`- . The existing development an the site complies with the standards and requirements of the Hillsbort>ugh. Et;onaxnic 1)evelaprnent District, kldoptcci by the '1"owxt r>f Hillskuaroagh E3oard cif ('oztunissioners this fG~ duty c~PJ ' 2~t~ l~ f; Jf ~ , ~~ '~~_.~. r~ '~ it x-6r' ' 1 otvn Clerk: 31 September 10, 2007 Regulaz Meeting Approved: October 8, 2007 Page 32 of 42 Aiti (7[ZDiNANCI t1MF..NT~ING Tl°1F Z(J1NG MrIP C11~~ '1'H:F Tt? Ole Hll:..l.<SBt~RC7~t?Crl~l THE i3C)r1R1} f1F Gt.7~tS.'v[ISSIt~NERS C7~"I'I-I:~ TC?Vl}I`~I C)i•' till.I.,5~4C)RC?LrC3~~ C?R:I}AINS. Whereas as application has been made fcrr the rezoning of the property herein, and Whereas the applicatian has been referred to the 'l`awn l'lannin~, l3aard for its recommendation and the l'lannin~ Baard has provided the 'Town ward with a written recommendation addressing the consistency of the proposed rezoning with the Town's camprehensive plan and snch other marier~ as the Planning Board deemed appropriate; anti Whereas the Town T3aard has, prier to acting on the applieatian, adopted. a statement describing the consistency of the proposed re7,oning with the Tawn's comprehensive plan and explaining why the action contemplated by the 'fawn Board as reflected herein is reasonable and in the public interest. ~i()W, °l"HRI±<I±AJRE, be it ordained as follows: `>ectian 1. "I'he Toning :vlap af'the '1"cavvn of Iliitsbc~rc}uih is heretsy atnended to rezone x.25 acres at 2313 Uld ~N{w 8~ and have it zonal T:canarrtie T3~:velop~nent District ("TI~113L ~.4~.11.22 and 24), ~cctian ~. ail pr«r•isian: <>f any tawr~ c~rdinancc~ in cc~nfla`ct 1~rith This ardinarsce are repealed. '~ec:tian 3. This ardinance ~ha11 became cfl`eetive upon adcrfatis.?n. '~ ~ " ~ ordinance havitz E~~:n submitted to a vote received the Eallatvir~~ ~%ate and v ax dot ~1134:7PTF.,13? IrfiIIL:D this 1 t}' dad af° Septemher, ZUt37. ~..~-~- '~Ic~es: Ab~nt csr Exeused:.~- ~ ~ j r 13c~nna 1?, Anx~brister, •i"t7w~n C1crk 32 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 33 of 42 'C~WN t)F HII.I.SI3t~Rt)LiGII' BnARA F CCDMT4iISSIONIwR~ )21~:~~LUTIC?N GiLA]Y'IINU A SPECIAL; II~I~: PlaRl1°IIT SI3,TECT T{) ~'~~rXA~: cc~Nnl!~croNS A~l~~:c'rx~l~ za.~s ACI2~".; QF LAND II)l"tN{rIl»`[~ ~~ PART vl+ d.d!5,.2K ANU PIN t,1$73-z6-4389 W~-tFREAS, ttte 7°c~wn af" llillsbarau~;h Bnterd of C;c?rrtmissianers has rc;c~i~~ed atx application from SI:T~ Il 1~7C; Va'aterstane, C,L.C .far a Special Z)sc; Permit to allow the deuelapment of 22.0 acres c7f land located cart the north side erf pnrp<rsed Crates C.`.reel: l'arkwav in ttte "aterstc~tae; cievelc>prttent, t~:in~ a .partictn of the parcel ~.45.:>:IC anal 2'Il~ X1873-~h-0889; curd WHl REAS, tlae '1"o~r°zx of l-liliskrorouglt Plartning Board and the Board of Gotnrrtissioners conducted a ,~o.im public hearing to Consider the application on April l9, '?007 after 8i~°ittg notice thereof as required try law; and W°f{Bi~}.:,~~, at the aEc>resaid public hearing, the ~lpplit;ant and afl ettheas wishing; kct be heard in cannecai~~n ~=pith tkte .4pp~licatian were given an ppportunity tc~ do scr; and ~`H:l Itl<;AS, ttze Tcrrv°ft of Iiilisbcrrau¢;tt Piartning Berard has made it`s recommendation t<i the Tawn of llillsbaraugh Board of C.ommissitarters regarding thv Application; ~k'1 [I312F~S, the Town of l~li lskro~rcrugh Board of C~am.rrti:~ic~F~et~ has ~ ~ t,~ ~ dtared the recatrttnendaticrn of tht: Piat2ninl; Board and all the information ~~ztd tr~tirnc~t,4 pr _ a: ~ to it at the public hearings, ~t)~", Tl-t>I2f?I't)T~E=, t3F~ IT RESCJL'JG:tJ by ttte °(`t>~~ta «f t°tillstxrr<>uih Board cri' C`omxnissianers, ern motifrn of ~t~t~e~ ~.~~'fN __..,__ _ __.____......, seconded h}, _._.~t~._~N.> ttfis l0t'' day of S~pternber, :007 as folicrws„ 1. `t'lte 13crartl crf Cotrtntissiotic:rs has considered all the irt#ttrmation presented to it bath in support of and in crppasition to tht application at this April public hearing, 2. The Boarr~ o:f C:afnmissianers finds that the requested permit is within. its juri,iction according to the `l"atilt: of Pertnis5ible Uses, that the application. is earxtplete, and that if the proposed develc~pfnc:nt i;t completed as prtrposed in dte appl.icatian, subje~~ to the Speczai Canditiatts attached heretrr, it will cantply with. ~e requirem~:nzs afthe ~onirzg {7rxlizXatf.ce. 3. '1'he Slzecial Condttittns at#ctched ttcrcta are itxtc:nded by prese;r~%e andlar profxtate the health, ~fety and welfare of tha sut-rattndittg areas and the Tawn crf T-Lillshorough in general, and to insure that the Perfrrrtnance Standards established by Sectiota 4.x#9 of the 7aning t~rdinance are feet. 4.Upon ai~?ption o~f this lta:~.c~lutie°n, the Tcrtivn of l~liil~bcirou#;h shall itte a Special l..Ise Permit in tht: stnn~iard fatvrt with the S~t;cial Cc>ndtfatts attached and notice of this dt~rision and issuance of the sfk:~~~ti u~~: permit shall be traftsmitted forthwith in accordance with `at;ctian ~.4'~.'10 of rite honing t~rdin~xce. 33 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 34 of 42 5, "plte Special t.;onditic>ns applying to this Special Use Permit are; a. Tlae plans dated 3126i'2QQ"7 shcawing the items included l.it Phase i are the plans covered by this permit. b. T~+ater, sewer, and stormu°ater pl;tr,s shall be reviewed anti a~ipraved l+y the town before con.tntction begins c. Utility stub outs tEr the site shall he relc~ated to a location that does not impact the driveway or park entrance. d. `tlxe applicant w°it.l provide an in-gt'ound irra.gatian system for the playfield surface anal will warrant a ~Q°Jo coverage rate for the ira,~talled grass upon. aocept+a2rce lay the tow°n. f Tile applicant will provide a graded l~acation .for the installation of a re4troc>rn facility 1*p fhe town kn;fcare the park {tpens. g. The exact improvements pprovedfreclured by this permit are detailed in the fetter dated Sept~;ber 7, 2Q{?7 from the John R, McAdams Company. The forego>i4tg ltesottttion was put tc: a vote of the `I'ctwn of tiill~boraugh 1.3oard of Cornmissioners, the restttts of bvhich vote are as fisllows; Ayes: ,~". x*{oes: ~a' Absent or Eixcused; ..~~"" ~ ~',/ Bated: ~''/~'~'/' '~~t~t-~ ~t~'~ L7o~~7.lrnibrtster. `l ou,n Caerk 34 September 10, 2007 Regulaz Meeting Approved: October 8, 2007 Page 35 of 42 ~tCtt'~' ~~~~ ~~~'~~ J~~ R. I~Ic.A~AMS COMPA~~"Y, ~~. 't. t~~l t, k~ I -~ i September 7, 2t7Q7 Mar~ar~t ~~, AICaP l~lanrkik'k~ 17irectar ~ 'Dawn ckfllillsl~araugh P.C}. ~~ 42~} llillsborotk~lk, North Carolina 2?278 Re: VVate~ivne Community Pmrk - T'tsaae 1. Hlltsbortksr~, z'~1nxY~t Carolina fi'~ F-1150~p liar Ms. Guth: ` `~kkis letter is to summarize the wank we are propasing as phase 1 of the ~ Cammkmity Park in ~e Waterstone l~velapment. Al.sa, we are pravdin.~ a S of itetT 3 tt7 be carnpletexi utkdet Phase ~i of the Park develapment " " awn with planning for future. T process Yn an effort tea assist the AS indiCat~ an Sheet ~,-~ of tike Waterstone t;atxtmunity Park Site ~1£kfl we are p(ankain~ the latlowin~ wank 1'or Phase 1: j -Mass ~radkng far soarer tiedd, parking area, play area, play area plaza and ~ restraam area. -L`triveway apron and asphalt-paved driveway to the pulalic talttmof-ws~y tine. -T~uble~tun~~ sti a at Wight-cif way line. -trrktvcl parking far 29 ve#kicles, inclk~tng aspbalt-paved handicap spaces. •Parking btunpers far 29 parkitkl; spaces. -Thee planting as regttirecf far tatting campliattce in gaveled parking area. j -'Five fact (5") wide ctkncrete sidewalk fram the sideaiic in tike puhl%c right- ( af--way tc> Play Area. ~ -play ekiuiprkaent with a capacity of 70 In age groups of 2-S and 5-12 yeas (13~uke Manufacture equipment installed ~ Playgrctuixis of the 4!.~M"°sl inr~flkt k'wk. t~ ( t4'tiCl"71kT13S1. w~, ~,~~ -Two ~ bc.ztes with bae:ks and one 1 trash rece le. „ ~ r9~ ~, "° '~' J ~rv !7/44 -°`Satt~C>kke" P~laygrau~1a Mulch ~ playl;rotknd 35' ~ flay area. aaa , ~. sarr~~ -Saecer fi~;ld rock r~rnoval, raking;, fine gra~lttkg and sail €kkTketkChtk4"ktt. „>,2C `~r,;~; ar a -Saccer field sprrggiag wkth T-101"lybnd 13ermuria gratis. ~ ~~~ ~"' ~ -'a"t~cear e'~l ~~ "s,~:,tir~n systrt inchulszkg 2" wafter rt~cier'Y~s (xcladitt~ meter ~~ ~a ~:s:8~ ~ lkakpact i ee+. _~ (t ~ ~. {~, ,n :. ~.;ceac field maintenance irtcludittg fertilin.`ttg and mooring. _~c3Ci,Gr fir 1 ~ nd-gc~'als. r*~-:~trs, NC ~ -,'liIlg of at .;a~ Other t1tL'ti S(X~t7 field. (1'10 ik'rigatiakl 2n tlleskw ak'L&k4j ~s rrtx~,u, , ~ ., °~; ;as <~;% ,ro r~>t-2-~ Gampre#tensiv$ Land l~.we4opmes~t pesign Semis a,pnmsEST~B.E%~ We help our rfumts .kaac:•c~ee~d 35 September 10, 2007 Regutaz Meeting Approved: October 8, 2007 Page 36 of 42 ~iITICE' ~~~~ =- ~ THE JC)F~S R. l~llc~ DA,M~ ~flMPA,I C. :Margaret xatth, ~It;P Septetber ~, zl~o ~~ ~~~ As indicated cn Sheot L-2 of the Water.~ic~ne ~t~tnmunity Park Site Elan, Phase 2 wrn'k will therefore ittvolve the following: -ILestrtx~m anti storage banding;. _I'avecl plaza area between Res~motn and playground. -Place stt~ne anti trumpers for fourteen {l4} adtlitionai parking s}es -Asphalt pave vel F~~nB tea. ~t~C;c~ra~tive Fencing _rlddic~na1 sazeening aza.d drative trshnxb plantings. -Picnic shelters. -t~Fsservatic~nr`ttattut~ Sbielters. -Paved car artulched nature trails. -Fact bridges. Vt'e Yaope that this inforrrtaticsn if ht;tpful in ytzur plannint; for the Vs~aterstone Community Park. If y~~.?u sht~ul~ have any ques~tit>n~ please do oat hesitate to cctntz~ot our at~"ice attz~l~))?~il-S~t). Sint;t:rely~, 't"W ;, JtD113N 17. NcAl)AR'!S C°~)l4SFAlVY, [Nth`, ~,... 3ah I', Michael, P.E. T?' or - Cons~,yction Sen~ices CC;: lave Denison Jim L:i 36 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 37 of 42 Towns 8ce>ard'a Siakcmen# der l+l:C. (~,en. Stat. lE+f?A-3$3 The Toux4 ctPliills borough TUwla F3oard ha.~; receivetf and re~~icwed the applicatst~xi of the "T'awn of kIii3,~bvrt~u v 1c~ atiaen~ the Tc~°w~a ctf I-tiitsbarc~u~ ~c~ttin~ t~rdittanee,`Iviap as 'fczllow~ insert general description «f pro~oseai atnendment): 2~ acre site known as Clold Park. ttn 1)imtnocks Mill Rd t;~cjrrs ~,grie:ultural Residential tt3 C?ffice lnstitutianal to match tlxe prc+pasecl use of ec>namunity Park. The Hillsborous,,lt Town Board has detenmineti that the proposed actican is ~onsis~ent tinconsisterrt with the "Town csf Hillsborough's Master Parks anti Recreation Plan and the Master Plan. for CTC?ld Park, and the To~~ Floard's proposed action on tlae atnendrttent is reasanablc: and in the public interest f'csx the follaw~ing reasons}: `T'he pxopo~d use for the pm~rty is a cc~ntrnurtity park and cite ocher two community parks in the jurisdiction are also coned Office-Institutional. adopted by the Town ol` l liilsbc}rough F3oard cat C:'ammissicnexs this 111day cif ~, 200 °c~~n Clerk 37 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 38 of 42 AN t.)RL71NliNC'F r1.MlN17iNG THE LUNiNG M.AP C)FA TFIE °l"t)1~'N C?l~ i-IiL.LSIiOKC?iJC:rH ~~~ F~(}AFti3 C)i' ~;01~1~~1iS5ii7vEKS c~~ THE Tc}wN r~r lill,LSFr3C)l~(~GiGII a~n~.~NS: Whereas an application has been made fur the rezoning of the property herein; and Whereas the application has been referred to the Town Planning Board fur its recommendation and the I'tanning Board has provided the 'Gown Board witlx a written rerammcttdatian addressing the consistency of the proposed rezoning with the Town's compr~°laensive plan and such other matters as the Planning Board deemed appropriate; and Whereas the 'I"own Board has, prior to aMing an the application, adopted a statement describing the consistency t-f the proposed rezoning with the Town's comprehensive plan and ezpiaining why the action eontemplated by the Town Board as reflected herein is reasonable and in the public interest. NOW, TNI~Itla:lit)ttE, be it ordained as (allows: ~iecti~n 1. ! h~ Zt~ning; ~`~~ap of"the 'I'odvn v~kitisk~~7rc~u~h is hereb~~ amended to rezone 24 ac =,~€e naw~n as E:xdld 'i'arFc oxt l~itntxtc~cks Nliil iid 1'rcam Agricultural 12esidentlal to tJttice In~;titutit~n;~l. Section 2. Al! 4rot~isiuns of any town. c~rdiraance in cc~tt~ie with this c~rdiz2ance ate repealed. Sea~tirsn 3. This r~rdinanc;e shall become et~'ective upcsn adnptiz~n. Tlt~ €,,;;~~ = csrdtnan~:~e having ix:e~n submitt%d to a vote reecived the follc~wiz2g ve~te and vas dol. .3,;J{)PTk~U l~i~ 11:aC> this 1Dxt" day of September, 240 r . Ayes; ~ Ivc~es: t1 Absent or C:xcused: ~7 .~ ~~c~nr~a h. Atmbrister, T'c~~vn C;l~: r~ 38 September 10, 2007 Regulaz Meeting Approved: October 8, 2007 Page 39 of 42 7'rawn Bonr~'s ~t~tement per N.C. Gen. Slat. ifiOA-383 The Tarvn of Hills borough "I'«wn F3oard has received and review"~;<i ttxe Staf2 request to attaend the "i"own of Hillsborough lotaing ~rdartartce as follows (insert genersai description ot'prcapased amerrdtnent): to establish storm~?vat~r control regulations to cc~mpl~ avith the tow~a's ~PDES Phase ii storrnwater permit. The ITillsborauglt To~v~za 1~itaard has determined that. the proposed action is consistent liaconsistent with the Tow~a c>P Hillsborough's comprehensive Plata, ttnd the Tc+wn Board's proposed action on the asxtetadrtte~at is reasortalale and in the pulalic interest for the followitag resason(:~j: 1. '.Cite `I'owna of 1Ti11slac>raaa~*h is oYsligated to comply w=ith is NPT~~S Permit as a Phase IT cotntrtunity, °~. .'',tsctiota ll.3.b of tlac Vrsaran 't77 (1 Plan recommcrtds adapting the regttlat'turts endorsed by the I,Taper%teuse River Baffin Ivlanagement Plata and these requirements enabod}° thane rcgaalations. Adopted b~~ the'Ccat~,~t oClTillsta«mugh Board ol'f"ommissinners tltisl7l'~day of~~, 200 ~w^n t'lr°rk 39 September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 40 of 42 v"~'t~~?~~ %~~~`"l~' ~1 .AN f3RI11i~~Nf`E ~i?~iE~If)~C TI-IE lC7NINC ORI>IAJ~'`~~{C,E t3~ THE TD'~'N C?F HiLLSH(~}RC7[.,~~~~3 THE PtJ~I:RD C)P C(3MMIBSIONEIZS t~3F THE TC~1VN (~~' Hlt<L,~T~f)RI'3tICiH tJiZD1~P~15'. ~et;tion I., Si:ciiota S of ihk• ~Iallsbzsrcaug3t ttanin~ C?rdinatacc is hereby amended by adding the fi~cille>witas; as :t~rti~tn 5:31 attd rentanabeting snbsegtzent seetic~tas. S.Zt Stormwater ~uutral ftrr 5i2~ Disttarbing C}na Aere ar More 5.27.1 Intent The Tt>wn of llillslx>rau~r Planning lurisdic~tivn ins wholly sixbjeet to the National Paliutant 17isoharge laiminafxan Svs~t~nt Phase 'Cwa sirnmw~ter reyuiremenis ansl a cCiseaiarge permit. "1"ht~ pravisitxt taf this subsection wilt be ixz effec~Y txeginnittg OcKaber 1, 2UU? to erasure vampliancc with the To4vn of Idillshnraugh's Permit. The Town's :jurisdietun is also wholly located within the l.lpper reuse River iiasin, wl+ich is a nutrient sensitive watershed. These rccluirec~zxts ace Further adapical w txxect pettuiC rr~aireu~us related to Nutriexxt St~xsitive waters. 5.2t.i° Stornxwater,9tlrninlsarutcro^ d"hraugla an lntartoca} A~;rcentent w°itb C7range t~cuafy~, the staff of the t)ranmu Cauttty Sail and prosivn Cantrot LSepartment will eufvrcc the stormavater cnniral portions (Setrtians ~ throul#h 22 and appendiec^sj of the Orange County Stc?rmu+ater trdinance far Lands within the Ttensc River kiasin within the Taws of Hillsharauph's planning {urisdxctian in aercxni with that interiocal agreetnettt. 5.31.3 ,t~avetnp~manz Stand~rrdsfar,~.€>w-L>erxrix„t= t~rtlJects low-den+zT~~~`tr shall campy Ex~ith iacls ofthe follatving standards: a. 5tarntwater rutsvt)` fi'vm the develapmcstt shall be transported from the development l±y ve~;etateai canveyanc~es iv the rna~inanm extent practicable. b. All built-upon area shall mec~f the ~stn:aixt buffers esttzblished in Sect~ivn ? of this vrdinaxxcc. c. The approval of the stirnnwater permit shall regeaire an enf~arceable resirictitxta an property usage that runs with the mod, such as a recorded dea'el restriction yr proteceive avvenants. to ensure that htture dewalcxpixtent and redev~kaputs.=nt taintains the sii~ c,nnwistent with tlse approved prajeox planse 5.21.E C~evetnl~rraenr st~ansluras fir 1Xr'~;h-f3r~ratitw I'rr_ra`€^ots Iii - en~_prctj~y shall implement staritiwate~r contra! taxeawttres that comply 4vith eaeh of the falltw`irig standards: a. The measures shall ccantrvl and treat the diffnce in starrn~atcr rana~ff vphune laavixtt; the pmject site betwe the p+~ Ord prrwi-devrlvpment contSitf~~rrs EExr, at a t~xxinixnum, the 1-year, 24-hour starer, Ruxxstf volume drawrdtckvn time shall be a nu,ai~;~~rrai of ~4 lotus, but not more than 1?U hollril. h, ~~ it scnarcural stvacxtwater treatment systusns ui to meet the rerluiremrnu oP the prr,€,~ratn shall be dr erx~c<I rf> lave a iuimurn of b'.g°A averaf±a annual renx~aval far Tatat Suspended Solids; c. Cienerai c~ngiaeering desifn aritsria for alt projecLw shall be in accart3uice with 15A ?vCA1;'kl it3i'Stc3. as captained in the 17esigxx Manual; d. rlil i~sritt-ut:rsn ;tree shall tncet the stream buffers estalzlistzed xn 5ecti,lr; 7 of this orxtinaxtce. e, 'Tl,e : pprG~val of ~thc sturmwater permit shall reunite era caE~ tur~hbw restricLivn on property usage tlat erns with the land, such as tcrorcled deed resb'ictinns ar protective cavertartts, to ensure that: future dtz~~i~f=,~ment and redevelapmeau maintains the site consisteztt with the aplarav~ed pra~aet plans. .5..21.5 iti'urrzenr5ensirra•e14'.;e-, In atlditiun to the stanch~r3s >vr >tarnauuter handles; sit ant irx tlxe design manual, dv'~elvlxntemx ~:~xJ redcvelapznectr. that drains in whole nr ptu•t iv c3ass NS1N waters; shall design and implement (he best stssrmn per nt~_siees that rec#ttce nutrient kyading, while still meeting, the vilrer requiremesxts of this ordittanes: and tare , < ` ~.~~~ sections vt tFca Orange County Stotcnwater Ordinance Pet Lands within the Meuse River Basin. 40 September I0, 2007 Regular Meeting Approved: October 8, 2007 Page 41 of 42 Sectiata "?. Section 25 of the Hi]ls~rc~u~h ,Zoning Ch~d[nan~e is h~rdhy amended by adding, the follt~r~irt#; three terms and dtfittitans; .tti~.~ "That pnrtion of a development project that is covered by imps rvious or partially impervious surface iuatudin8, but not limited to,'buildin8s, pavement atad gavel areas such as roads, parkin8 lets, and pads; atad recreatian facilities such as iestnis caurtx. "built: upon area" da:~ not include a wooden ~lan~l z3eck, the tv~rtar arcs of a swimming paal, or perviousc or partially' pezvious paving tnatesial to the vztent that the paving material absYartss water yr allows watx;r to intzlirate ihmugh the paving materia}. Sit-,5~r. ` ~~ ~{.n~~ Any project that exceeds the !nw density threshnid far dwelling units pes acre and built-upon area. r1 projes:, ~ ~t has ncs arork thyz~ two dwelling anila per sere ar twsmty-four percent trui#-upon arcs (ISL~~A} fos all residc~ntial~~3 next--residexuiat det claprnea~t. Sectian 3. ~eetion ~.2t1 "~tarrrtwater €';ontral'' is hert:by renamed '"Starxrtwater Ctrntrol fcsr itt^ I)istt~rbing Less Than C>ne Acre." ~cc:tian 4. All provisitn.~ ref auy fawn. atclitmzire in cctttftict with this ~rdintatzce are rrpealed. +eretiaa ~_ This ardinartce shall became eff'eatir~~ art {~ctoher 1, ~€It)'~. °T'hc fare~aing ordinance hrtvi:n~ teen submitted to a e=ate., recei~>ed the ~allawint; vote and wa,4 duly adopted this iQt'' day of ~+eptember 10, ~ {?07. Ayes: ,.. Absent or lxctased:~.~ /mar"~ ~ nna F. Arnaht°iste:r, Town Clerk 4l September 10, 2007 Regular Meeting Approved: October 8, 2007 Page 42 of 42 42