HomeMy Public PortalAbout11-13-2007 Regular MeetingNovember 13, 2007 Regular Meeting
Approved: January 14, 2008
Page 1 of 24
T°~"'°' MINUTES
°~ .. HILLSBOROUGH TOWN BOARD
111$ . ... ~~ November 13; 20{Yr 4Tuesday}
"""„5' ~ t -' ~ '7:00 Phi, Town S»rn
PRESENT: Mayor Tom Stevens, Commissioners Frances Dancy, Evelyn Lloyd, Brian Lowen,
L. Eric Hallman, and Mike Gering.
STAFF: Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Nicole
Ard, Town Clerk/Personnel Officer Donna Armbrister, Planning Director Margaret Hauth, Town
Engineer/LTtilities Director Kenny Keel, Police Chief Clarence Birkhead, Finance Director Greg
Siler, and Town Attorney Bob Hornik.
7:03:11 PM Mayor Stevens called the meeting to order.
1. PUBLIC CHARGE
7:03:30 PM Mayor Stevens did not read the Public Charge but noted it would be followed.
INTERVIEW: Interview volunteer to fill vacancy on the Historic District Commission
It was determined that the interview would not take place this evening.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
There were no comments offered.
3. AGENDA CHANGES & AGENDA APPROVAL
7:03:58 PM Town Attorney Bob Hornik stated that he had gotten an email from the County
Attorney's office regarding formalizing an arrangement by which the County would perform
animal control enforcement in the Town, and there were some questions he needed the Board's
guidance on.
Mr. Hornik stated they had received a petition regarding the Webb Grove decision by the Board
of Adjustment, and wanted to add that to the Closed Session to update the Board on the status.
7:04:59 PM Planning Director Margaret Hauth stated at their places the Board had the
documentation from DOT for the agreement they needed to enter into for the traffic light at the
Gateway Center, and the last page of that was a resolution that the DOT would like to Board to
adopt. She said the Board had previously given the Manager authority to sign the agreement, but
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Approved: January 14, 2008
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the DOT would prefer an adopted resolution. She suggested adding that as the last item on the
Consent Agenda.
There was general consensus from the Board to add that item to the Consent Agenda.
7:05:39 PM Mayor Stevens stated he had spoken to Ms. Elaine Parker regarding Item 8b
concerning the cemetery, and she had not realized that it was on the agenda for tonight and asked
that it be postponed to another evening.
7:06:15 PM Mayor Stevens stated he would like to recognize Town Manager Eric Peterson
who had now been with the Town for 10 years. He read a Resolution of Appreciation honoring
Mr. Peterson and expressing appreciation for his loyal and dedicated public service, his
demonstrated leadership, initiative, and integrity, and serving as a role model for other
employees and his peers across the State. Mayor Stevens listed some of Mr. Peterson's many
achievements while serving the Town, and expressed the Board's and the community's gratitude
for his service to the Town.
Mayor Stevens noted that the resolution in its entirety should be included with the minutes of this
meeting.
7:08:37 PM Town Manager Eric Peterson thanked the Board for that very nice surprise, and
said he felt very fortunate to be in Hillsborough and to serve as Town Manager with such a great
staff and Town Board.
Mayor Stevens presented Mr. Peterson with a gift certificate to allow him and his wife to enjoy a
fine dining experience, and noted it was given at no cost to the Town.
Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved
to approve the Agenda as amended by a vote of 5-0. The motion was declared passed.
4. PUBLIC HEARING
A. Public Hearing to gather public comment regarding an Ordinance to condemn a
dwelling at 402 Buttonwood Drive for Minimum Housing Code Violation
7:10:01 PM Mayor Stevens opened the public hearing. No comments were made.
7:10:19 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman,
the Board moved to close the Public Hearing by a vote of 5-0. The motion was declared passed.
5. APPOINTMENTS
A. Consider appointment to fill vacancy on the Historic District Commission
This item was removed from the agenda.
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Approved: January 14, 2008
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4. COMMITTEE REPORTS (Critical)
Economic Development Commission
7:11:06 PM Commissioner Hallman stated the Economic Development Commission had been
meeting to determine what they wanted in an EDC Director, noting that the position had become
vacant when Diane Reed left, and if anyone had any thoughts of input he would appreciate the
guidance. He said they were struggling with how to do economic development when more half
the County was agricultural and the other half was Chapel Hill and Carrboro who had their own
economic development people.
7:12:34 PM Commissioner Lowen said the Board had discussed before that they pay $5,000
each year to the County for economic development services. He said if that position remained
vacant very long, then at budget time the Board should consider not making that contribution.
7:12:36 PM Commissioner Hallman stated the office was still running under the direction of
the Assistant County Manager, so services were still being provided. He said if someone came
in and wanted to locate in Orange County, they would come to that office and often they were
the beneficiaries because Chapel Hill and Carrboro did not have the space for such things as
warehouses. Commissioner Hallman said he believed the $5,000 was well spent.
7:13:18 PM Commissioner Lowen stated he would be interested in knowing the substance of
what was being offered by the County.
Tourism Board
7:13:32 PM Commissioner Gering stated the Tourism Board had met again with the Jennings
people regarding the Brand Assessment contract and did some preliminary planning in response
to the wayfinding signage RFP. He said they were asking the staff, Ms. Hauth in particular, to
come back with some options of doing the bulk of the wayfinding signage effort in-house rather
than paying a consultant. Commissioner Gering said they would also have a planning session at
their next meeting in December with the goal of having a public workshop in January to bring all
the stakeholders together for the wayfinding signage project and others.
Solid Waste Advisory Board
7:14:46 PM Commissioner Lowen said the Solid Waste Advisory Board would meet on
Wednesday, and believed everyone new that the option of the transfer station had been taken off
the table at its originally proposed location off Eubanks Road. He said the Solid Waste Advisory
Board and the County Commissioners would now have to identify another location, which may
well be in the northern part of the County and could have a big impact on Hillsborough.
7:15:33 PM Commissioner Gering said he thought there had been an agreement to have
another assessment rather than taking the transfer station off the table.
Commissioner Lowen said from what Moses Carey had said to him, they were leaning away
from it.
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Commissioner Dancy stated they were strongly thinking about a different site, and were making
a real effort in that regard. She said that would take some hard reasoning, and justifiable so.
Mayor Stevens said they were basically between a rock and a hard place, and would have to do
something. Commissioner Dancy agreed.
7:16:53 PM Commissioner Lloyd asked was annexation of the two areas north of Town still in
place. Ms. Hauth said one was, but the other had now been developed and they had de-annexed
it.
7:17:27 PM Mayor Stevens asked Commissioner Lowen to keep the Board apprised.
Commissioner Lowen stated he would do so, noting that if a recommendation were made if
would have to go back to the County Commissioners for review.
5. REPORT FROM THE TOWN MANAGER
7:17:58 PM Mr. Peterson stated he had been left speechless after the Board's resolution, and
had no report this evening.
6. DEPARTMENTAL REPORTS
7:18:11 PM Ms. Hauth stated that she had spent time this afternoon meeting with the
consultant on Gold Park, and they were very close to releasing that project to bid. She said the
Board should see it on the agenda to award a contract in January.
Mr. Peterson said they would likely need to meet with the Local Government Commission
before they set a bid date, otherwise it could slow things up.
7:19:02 PM Town Engineer/LJtilities Director Kenny Keel stated that there had been a couple
of meetings known as the Confluence of the Eno and a third meeting was scheduled for Monday,
November 26 at 1:30 at the Exchange Club building. He said he would make sure that the Board
received a copy of the agenda when it was available.
Mr. Keel said that along with going into voluntary water restrictions implemented a few weeks
ago, they were making water saving devices available to the Town's water customers. He said
they had some left over from a previous purchase but had ordered more, and included shower
heads, water aerators, and toilet tank bags. Mr. Keel said they had also purchased kits with all of
those things and the bag itself could be used to test your current shower head to find out what
rate it put out. He said 100 had been ordered but did not know how many had been distributed,
adding that they were being offered free of charge to Hillsborough water customers. Mr. Keel
said they had also ordered the shower heads, faucet aerators and toilet tank bags individually.
Mr. Keel stated the Town had recently conducted an energy audit of all Town facilities, and they
were looking at the water plant and sewer plant operations because they were by far the largest
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electricity user. He said they had identified some ways to save money through the billing rate
being charged by the electric company by switching to an off-peak usage rate at the raw water
pump station, and it was estimated they could save about $7,500 a year through that change
alone. Mr. Keel said they were also looking at some changes at the plant itself and at the
wastewater plant.
Mr. Keel said in his report there was a letter from the Water Sewer Advisory Committee
thanking the Town Board for implementing the voluntary restrictions and stating that was where
they should stay for now.
7:23:34 PM Commissioner Lloyd asked about the 2" galvanized line on King Street. Ms.
Hauth said it was off Westhill Avenue north of Rosebud Cemetery Road.
Commissioner Lloyd asked exactly where it was. Mr. Keel said he believed it was the one they
had to cut the sidewalk for, but they were replacing that sidewalk.
Mr. Keel said if anyone had driven by the old water plant in the last week or so, they would have
noticed that there was no longer a rusting, elevated water tank sitting there. He said it was a
$20,000 budget item to have a company come in and remove that tank, but Town crews had
studied it, talked with the Safety Officer, and determined that they could do it themselves. And,
he said, they had done just that.
7. ITEMS FOR DECISION -CONSENT AGENDA
A. Consider Approval of the Minutes of the September 24th, 2007 Monthly Workshop
B. Consider Adoption of a Resolution Supporting an Amtrak Stop in Hillsborough
C. Consider Adoption of an Ordinance Requiring Property Owners to Maintain Rights-of-
Way that Abuts Their Property and a Public Street
D. Consider Adoption of an Ordinance to condemn dwelling at 402 Buttonwood Drive for
Minimum Housing Code Violation
E. Consider Adoption of the 2008 Draft Town Board Meeting Schedule
F. Consider Adoption of an Ordinance to Amend Chapter 4 of the Town Code on
Retirement Benefits to replace wording omitted during codification
G. Consider Tentative Award of Construction Contract for Lakeshore Sewer Outfall Project
H. Consider Approval of amendment to the Town's Job Classification Listing to revise the
Fire Marshal, Town Clerk, Accreditation/Management Analyst, and Police Records Clerk
Positions as recommended by the Archer Classification Consultants
7:25:34 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the
Board moved to approve the Consent agenda as amended to include the maintenance agreement
between the Town and NCDOT by a vote of 5-0. The motion was declared passed.
8. ITEMS FOR DECISION -REGULAR AGENDA
A. Ida Louise Evans-Lawson would like to address the Board regarding the potential
annexation of additional properties on Tuliptree Road
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Approved: January 14, 2008
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7:26:05 PM Ida Louise Evans-Lawson stated she had moved to Tuliptree some time ago and
since that time had paid about $600 just to have trash cleaned up from her yard. She said she had
called everywhere to get help, and had noticed there were new Habitat houses being built nearby
and just across the street the Town picked up the trash. Ms. Evans-Lawson said she and several
other elderly and/or disabled people lived in the area and their trash was not being picked up, and
she had been told that it may happen soon if the area was annexed.
Ms. Evans-Lawson stated she was not able to even take her trash to an outside can, let alone to
the landfill, nor could any of the other elderly and disabled in her area. She said any help the
Town could give her to get her trash picked up would be greatly appreciated, and she was willing
to pay her part. Ms. Evans-Lawson suggested the Board come and take a look at the trash piled
up on Tuliptree, and then decide if they would want to live in those conditions.
7:33:53 PM Commissioner Lowen said since they actually operated their own trash pick-up
service, could the Town offer weekly service and charge a fee to neighboring streets outside the
Town limits. He stated the same problem existed on other streets that sat on the cusp of the
Town limits, and they were basically low-income areas that had no way of getting their trash to
the drop-off sites so the trash just piled up. Commissioner Lowen asked about the feasibility of
charging a monthly fee for once-a-week pickup and providing aroll-out cart. He said they were
passing by these people's homes with the Town's garbage trucks, and it was like a slap in the
face that they could not get their garbage picked up. Commissioner Lowen said he knew that
annexing them into the Town was an option, but that was something to work on in the future.
7:35:10 PM Mr. Peterson stated he would be happy to look into that and see if they could
legally do that, noting there may be franchising issues. He said operationally it was something
that could be done.
B. Elaine Parker to address the Town Board regarding the Town Cemetery
Mayor Stevens said Ms. Parker had requested that this item be heard at a later time, but because
there were speakers signed up for this item, they would add it back to the agenda.
7:37:03 PM Ken Chavious stated he was concerned about the lack of places for internment,
noting they had run out of sites at the current Town cemetery. He stated there were many people
who were lifelong residents of Hillsborough but could not obtain burial plots in the Town,
including him, his wife and his son.
Mr. Chavious said he was here tonight to ask the Town Board to consider purchasing more
property for a cemetery so that citizens of Hillsborough who paid taxes every year could be
buried at home and not have to go in search of other sites in other parts of the County.
7:41:51 PM Mayor Stevens stated that before he had become Mayor the Town had made the
decision to get out of the cemetery business, obviously for good reasons. He said he believed
this request would start a conversation about that.
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7:42:31 PM Mr. Chavious said to keep in mind that the people of Hillsborough were the ones
asking for more burial space. He said he had begun a petition and would continue on with
gathering signatures.
7:42:45 PM Mayor Stevens said one thing to consider was were they talking about a couple of
citizens or a lot of citizens.
7:42:50 PM Commissioner Lowen said Mr. Chavious had spoken to him and possibly other
Board members about purchasing more land for a cemetery. He said since that time he had
received several calls about this, and believed they should think about how to respond, even if it
is to have it managed privately or in some other way. Commissioner Lowen said he did believe
the Town Board should rethink or think about this issue and try to identify some options.
7:46:17 PM Mr. Peterson said if this was an issue the Board would like to investigate further,
the staff could investigate where to buy land, how much it would cost, how much it would cost to
operate it, the charge for plots, and any other issues. He said they would also need some
direction from the Board as to the priority to be placed on that investigation. Mr. Peterson said
he would consider this to be a major policy decision, and it should be considered in the budget
process. He said if the Town Board asked the staff to conduct a basic feasibility study and
present that in the budget process, or put together a decision package and compare that against
other priorities, then that was something they could do.
7:47:13 PM Commissioner Gering stated that was a good way to frame it. He said such policy
issues were usually discussed during budget retreats so perhaps that was where the discussion
should take place, that is, in January at the next budget retreat. Commissioner Gering said the
outcome of that would tell the staff whether or not they should do any more investigation.
7:47:45 PM Commissioner Lowen said he was fine with that, as long as some information was
brought to them before that time.
7:48:00 PM Mayor Stevens stated if there was a large public response, they may need to hold
a public hearing. He said there might be some private options that could be explored that the
Town could help facilitate. Mayor Stevens said subsidizing it would be a budgetary issue for the
Town, but they could explore a method where it would pay for itself or it could be privately
operated.
7:48:34 PM Mr. Peterson stated those were options, but sometimes it helped to have a
dialogue if you knew what the estimated budgetary impacts would be including operational
costs. He said one of the issues the Board would want to weigh was who would be purchasing
such plots, noting that over the last several years about 75% of those purchasing plots were from
outside the Town. Mr. Peterson said that would be a factor to figure in. He said to properly
cover the cost of a cemetery as well as the perpetual maintenance you would see cemetery plot
costs that were much higher than what had been seen in the past.
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Mayor Stevens stated they had some perpetual maintenance anyway, but the additional cost
would have to be considered.
7:50:31 PM Commissioner Lowen said after talking with people you tend to understand issues
and rethink things, but one of the things he had said to Mr. Peterson was that in some areas you
could bury two people in one plot, one on top of another. He said that should be something to
look into, since it would allow more people to occupy the current cemetery, if it were allowed by
law. Commissioner Lowen said he would like such options to be looked into so they could best
utilize what they already had.
7:52:02 PM Mayor Stevens said he was hearing that the Board wanted to pursue this during
the budget process.
7:52:09 PM Mr. Chavious stated he would bring the petition to the Board.
7:52:33 PM Mr. Peterson asked that he bring it to Town Clerk Donna Armbrister so that it
could be added to the record as a follow-up to the minutes of this meeting. He said the staff had
informal direction from the Board to go forward with some investigation.
C. Douglas Dwyer to address the Town Board regarding parking in front of 133 East
King Street
7:53:05 PM Ms. Hauth stated Mr. Dwyer was not present this evening, but he was interested
in having that parking space assigned for deliveries.
7:53:35 PM Commissioner Gering stated he would like to hear from Mr. Dwyer.
7:53:37 PM Commissioner Lowen stated he would like to hear Mr. Dwyer's position, as well.
7:53:45 PM Commissioner Hallman said he would like to understand such aprecedent-setting
event, since they had never done that before. He said they needed to know what it implied. Ms.
Hauth said there was a section in the ordinance that provided for the Board to determine that, and
the way it was written in the Code implied that it would be time-limited. She said if the Board
choose to do it, there would be a sign erected that said "load and unloading between x and y
times" or something of that sort. Or, she said, it could be a hinged sign that was erected when
needed.
Ms. Hauth said Mr. Dwyer had not been that specific, but knew that a transfer truck would be
making deliveries and it could not access the driveway that Mr. Dwyer had. She said this could
very well be precedent-setting, in that many businesses in the downtown, particularly restaurants,
had issued with where delivery trucks parked. Ms. Hauth said that was something to be mindful
of before they start designating parking spaces for delivery trucks.
7:55:05 PM Mayor Stevens said they certainly did not want delivery trucks stopping in the
middle of the road.
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7:55:10 PM Commissioner Hallman asked for comments on enforcement of something like
that, and would that be a burden on the police.
7:55:17 PM Police Chief Clarence Birkhead stated it would not be a burden as long as it was
signed properly. He said his only concern would be the traffic, because even if parked off the
street it would create some traffic issues.
Ms. Hauth said in that particular location if you don't park in a parking space it would be even
worse because it was directly across the street from the post office entrance.
7:55:54 PM Commissioner Gering said it seemed like it would be creating a problem for the
Town by trying to solve Mr. Dwyer's problem. Ms. Hauth said they could continue the
discussion to next month and see if Mr. Dwyer would attend.
7:56:21 PM The Board agreed by consensus to continue this item to next month.
D. Consider approving the creation of a Land Trust Affordable Housing Maintenance
Task Force and Appoint a member of the Hillsborough Town Board to serve as
Hillsborough's Representative and one At-Large Representative
7:56:47 PM Ms. Hauth stated the Task Force would have two responsibilities, one to pick up
the issue of long-term affordability and maintenance of housing in the Land Trust when they
come back on the market, and the other to talk about some of the capital aspects of the
Partnership to End Homelessness and how to put units on the ground to achieve that end. She
said they had asked for a Town Board member and an at-large non-staff representative, so that
each jurisdiction would have two appointments.
7:57:25 PM Mayor Stevens said in terms of the at-large representative, would they recruit for
that as they did for other board members. Ms. Hauth said yes, or they could do some targeted
recruitment. She said the Task Force did seem to want someone who had some knowledge or
familiarity with affordable housing, so the Town could make some targeted invitations.
7:58:01 PM Commissioner Hallman recommend that this be postponed until the next regular
meeting when board appointments were going to be made.
Commissioner Lowen agreed, stating that perhaps they could identify when the group would be
meeting. Ms. Hauth said that had not yet been decided.
7:58:10 PM Mayor Stevens stated he would be happy to serve as a temporary representative if
necessary.
The Board agreed by consensus to delay this issue until the next regular meeting.
E. Select Date and Discuss Preparations for the Annual Budgetary Planning Retreat
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Page 10 of 24
7:58:36 PM Mayor Stevens said he believed some dates had already been identified. Mr.
Peterson said the preference of the staff was February 9th, but February 16th would also work
well. He said assuming the Board would like to use the services of Donna Warner again, she
was available at those times.
Mr. Peterson suggested that the staff work with the Mayor on crafting an agenda to be brought
back to the Board at the January meeting for approval.
Commissioner Lowen stated the Board had worked well with Ms. Warner in the past, and
believed her services should be used once again.
7:59:27 PM After a brief discussion, the Board agreed by consensus to set the retreat for
February 9th at 9:00 a.m., and to use the services of Donna Warner.
F. Discuss Possible Dates, Format, and Preparation for the 2008 State of the Town
Address
8:02:02 PM Commissioner Gering stated he believed it would be good to hold that after the
retreat.
Commissioner Lowen said it would give more substance to the issued to be discussed.
Mayor Stevens said that the last address was really built on the vision work that had been done,
so that should be incorporated this time.
Mr. Peterson suggested that instead of holding the Board's regular workshop meeting in
February, they could instead do the State of the Town Address at that time since the Board would
already be present and it was already scheduled.
Commissioner Lowen agreed that was a good idea, noting it was already in people's minds that it
was a time that the Board regularly met.
8:04:34 PM The Board agreed by consensus to hold the meeting at the Court House, subject to
availability, and to substitute the State of the Town Address for the Board's Workshop scheduled
for February 25tb
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Approved: January 14, 2008
Page 11 of 24
G. Added Item -Animal Control
8:05:20 PM Mr. Hornik stated he had received a phone call from Bryan Ferrell from the
County Attorney's Office regarding a more formal agreement allowing the County to continue to
provide animal control services to the Town. He said the question Mr. Ferrell had asked was
whether they wanted the County just to enforce the Town's very modest animal control
ordinance, or did they want to authorize the County to enforce its animal control ordinance in the
Town, which according to the notes in the Town Code that was what they had done historically.
Or, he said, do they want to say to the County that they could enforce the Town's code for
animal control and follow State statutes, stating that for example allowing a dog to be at large
was regulated by State statute.
Mr. Hornik said that Mr. Ferrell wanted the Board to draft an agreement for the County Board of
Commissioners' agenda for its December meeting, but needed the Town's guidance on what they
wanted the County to cover: just the Town's ordinance; the Town and the State statute; or, the
Town, the State statute, and the County's animal control ordinance.
Mr. Hornik said the County's ordinance was much more detailed that the Town's ordinance, but
he had not had a chance to read it in detail. He said the Town's ordinance stated that the animal
control ordinance adopted by Orange County was adopted by the Town Board effective April
1983, and in May of 1998 the Town Board had adopted the Orange County animal control
ordinance to include any and all future amendments deemed appropriate by Orange County.
Mr. Hornik said in the Town's regulations, it prohibited roosters, that keeping small farm
animals was apparently allowed, and large farm animals were allowed only under limited
circumstances. Also, he said, that animals could be removed by the Orange County Animal
Control Officer under certain circumstances and provided for some civil penalties and other
remedies for violations.
8:08:01 PM Mr. Peterson said the status quo was the State statute, the Town's code, and the
County ordinance. Mr. Hornik said that was the way the Town's code read at present. He said
the Town had a somewhat informal relationship with the County now, and the County was
looking to make it more formal by putting together a memorandum of agreement or
understanding regarding those services.
8:08:22 PM Commissioner Gering agreed they should do that.
8:08:24 PM Mayor Stevens agreed as well, unless it placed some undue hardship on their
citizens. He said it seemed to be easier for everyone if they had a clear set of rules.
8:08:35 PM Commissioner Gering said they had not heard complaints from anyone regarding
enforcement.
8:08:49 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the
Board moved to direct the Town Attorney to draft an agreement with the County to maintain the
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Approved: January 14, 2008
Page 12 of 24
status quo regarding animal control enforcement by a vote of 5-0. The motion was declared
passed.
H. Discussion of November 26th Workshop "Hot Topics"
8:09:28 PM Commissioner Lowen said the original intent of the workshop sessions was if they
had things they needed to discuss then they would do it at a workshop session, but what was
happening was that they were "finding" things to create an agenda. He said he was not trying to
get out of a meeting, but if there was nothing that needed to be placed on the agenda then it was
not necessary. Commissioner Lowen said he did not want to hold a meeting just to talk to
American Asset Corporation.
8:10:55 PM Mr. Peterson said he appreciated both points, and believed that was something
that could be deferred. He said at the staff meeting on Thursday the department heads would do
some brainstorming to come up with more specific ideas, and that may be something that could
be discussed at the retreat. Mr. Peterson said if they had something more concrete, it would be
easier to have a dialogue, and waiting until the retreat would give the staff more time to
formulate some concepts.
8:11:57 PM Ms. Hauth said the representatives from Corbinton were expecting to be at that
meeting, so she needed some guidance as to when the Board would like to talk with them if they
did not want to talk to them on the 26tH
Commissioner Lowen said he did not realize they were expecting to be at that meeting, so he had
no problem with that.
Commissioner Gering asked what they wanted to talk about. Ms. Hauth said they should have
the detailed drawings ready for review, the concept of the CCRC, but she had not yet seen them.
She said she did not know if the Board would be comfortable voting at that time, but perhaps
some guidance could be offered as to whether the changes were significant enough that it should
be scheduled for a public hearing. Ms. Hauth said she had told them that the drawings were
needed by the 15th so that the Board could get them in advance.
Commissioner Hallman asked had they reached an agreement with the CCRC provider. Ms.
Hauth said they were still in their due diligence phase and they needed a little better feeling from
this Board before they continued down that path.
8:14:18 PM Mayor Stevens said if they got the materials in on time so that the Board could
have a meaningful conversation, then he saw no reason not to keep it on the agenda. Ms. Hauth
said since the materials were due on the 15th, they would know soon whether or not the meeting
would be necessary.
Mayor Stevens said then they would plan to meet assuming the materials were received, and if
not then it would be cancelled.
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Approved: January 14, 2008
Page 13 of 24
8:14:51 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the
Board moved to go into Closed Session by a vote of 5-0. The motion as declared passed.
9. 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 (5)
regarding Property Acquisition (Potential Economic Development)
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) & Coucoulas/Knight v. Town of Hillsborough (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 (Crocker Property Code Enforcement
Issue)
Hauth updated Board on Crocker property. Their deadline is fast approaching and
nothing has been done to the property at this time.
10. ADJOURN
Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved
to adjourn the meeting at 8:45 p.m. by a vote of 5-0. The motion was declared passed.
Respectfully submitted,
Donna F. Armbrister, MMC
Town Clerk
November 13, 2007 Regular Meeting
Approved: January 14, 2008
Page 14 of 24
~:~~tirr~a u~~-r1i,,„envA3ntralc ~~u~ ~n 8Le I;„e-~wvn_ot ~~ii~c~r+~+~- (:°
'4t,'lll~~,l21?,A~a 1.)rwwnlpr; t"''rwtarrty a°wat°ra:nt~y land ('rrt.tr ~wttatra t~rw~,w~:rrl+:.r tr~"wirrsa lwwa ~> tltrrwmrllr
l~illaabrwrraal~„h mach dway, with ncrnc ofthnsaW traina. strrpping tr:w pir:lr ratty tar rlrr>aw asf"fpwar ~errgr;rrr, aaaal
,w:11~1~:C:„AS t1r+r "C'rswti+wr +.~1"~I"stl;atwcwrr+u~;iw twwurr'r+:.ipaR Cta;rver^nrrw~ww'Ca lw.<wvs. t.rtrw[fe ~i~wifir;ars't
r~rownrnitrnents Ica wwr:wrw-arwtt:anwrwhile. trrxtwspawrt~atir:an ahrwue anal Pteyawa~wrl rrlher B"+darrrlw d:;arsaiirwwr aaliw::~,
towns and crearwrkies txy srupprrrtarwg tarn,-frwre, partilic trrarw,~prsrtat:rrawav eidcvv:elk crpnstrrxcti~an ~rc~nd:a„
grr:erwv+ay;r and lw'eke fawuil"tcie;s, arac7
Vw1-1f:RI?AS Ilillstwrwrouy;;tr residerals rvrreive tiwe iaarrrwrwveraiw:rra~es at tl"ris trairw ;,rrvicr: sarc:l:t :~.~; rwt:risc,
ar+d iwwtr.arwxwittentjy wrtrslrCrr~J tral'i'ir: rwt ga•adc~ a,.rrrwaaiwwlx~a„ wlwair ra:+~w:iviwag rrr:rwrr: awt that na:wrnaarrrers
tacrwefitc, acrd
"'w41if:Itl~:A'i awvr:r't(lt"F l{aPlviacarrpul*h anrt C'lrwnraC!;e t'"rrrart9y r,+tr~^~ranc~a Iw,wve rr;~ccawtle^ "cip;awed rs pct:i:~.ar:rrw irr
support of putting ra. rail statiowr irw :l-IillS,twcxrrruglw, lrrwrn whir la they w<wrrlr:l lilac ta:r t:raa+r:l #cw ~^ier~°
Yorlr, Washington, t'.)+C:., C;laarlrxtte, C,rrt°enstxwro wand. rrttwer destirwatirarrs, awed
WfE:A",~" AM"CCtA.K ant:! lJre ;Matra rat"I°ti(C' zaw~r waraakrwg wMurwt,iraaaw:sexa, arrwt:rrarw+urwarrrrtti <raa t}t,s Ciwyr°.
that rtwalaw; it faster„ narwrc ra:liable .rnd evr;n wnrwre cracrt: crrrnpr,tita+~~e wwttr r:ar tr•rwv„e( avittr trrrwrls tw:w
invtxaase ridership, anil
~Twf1113R.fiA~ l-Iillydrorrrraugla tra"a •pue;t reaartivr:rl a. dr~~rigrrra8irr.w era a t;:'rrspl t."ity f<or 'r4i, crwrwtnaitwrweret trr
rcwiurirag grec:niwowase gas prrrductirrn, and
°SWl lC^.RF:A°;", t;Jax'maagta t..rrra~rrty, 'tlae "T"rw'e~ns rrff"halxal 1-fill atwrl C;arrw•lwrwrt,R„ ararl 1 &NC"~° lwaac; ~rwwxwrrwilta^d
to a fifW/n reduetirwn in carb~nn r=trrissirrrws whiclw are largely autotxrrrtxile exhaaarst-related lrrcally and
raarw t:raw"el cawa iyelp reduce: aaatornotxale rrarrc;l„ awwd
WI"lt'sC~f:A4, "The Prra:aiderwt oI•the'lJnited States rer:erdt:~y anarrxw,rxwr•ed a. nGttirarwal lrwal Ica rwxt t p.~.
gasollnra chrnatwrtaptiuwa lay 2(I perr:etr[ ravr:r tlrw:. aaext tetw ,4~cars„
'li•lFltl+Fttltly IIf:' f F R£;St:11,VI.T:1 the "I'trwna roll 1ti171,ailrrrrarwlglw :ll~rwswrrl rwf (:'rwcnrrri,~,~alowxrM:ra
strongly awrgrs Cxoverraor Tixrslc~y, twit'l)()7` wand t~rwarak trr
I~wttal+list an trtw-staffed terraprwrary rail ±;tt.rp irr Ilitlstrrrrrwwala,NwIaw lwr:, t~rv4:rt try all tr~ainta
Ir~w.,:."eing ttwroargh klillskxuxrrugta lay ticptewrtber 2f1tJn
+~ 5upprwwt the dr,^sigwratia>rw ofa site ftwa a pertnrwwae~wat traitor. statirwta ire Elillslrrwrrwugla Uaat cowrld
I,e scr~"ed tzy intercity pws~senl.;er rail trrrin:x and arty Crrstenti«al caawramaater or regirzrawl rril
services drat trwway dr:vclrxp in t8ae 7"riwtngle irw Clara tutawre
• Identify awed rreserver state fdnds trw rnrrvc trrwtla txl'tltewe prrx~+,xtw-, frwr~.vawxl„ assarrning
1 aw ~ nrawat~himg local public; attrclJar lwrivax+,: cz-ntrihrwtxorwwt are w"lw~:ified.
,a +"~~w~.~ ~r F0".
,"!yw r'te'
_,...
,~ }st~L q
~ ~ .,..
...., ,_
w, f` n V .t .~'
iwji~wrwt+arwr''~ '
November 13, 2007 Regulaz Meeting
Approved: January 14, 2008
Page 15 of 24
AN()~f.)INA~+I(:",~:iM,MI:s!')TP`+9(."r!'~Il.~.~ti.l3d~t:}lJfi~l"N"C::1T4~+r'~1(,()I)~'~: `!~)~~7{)iFx'
ANI) ,~:~::tl) Nfs:W ~(.d'"" 3"[(9 1- r~'
"i`~3;fy ~fD,r~i'~.1:) d.)I^ (:".(~Ml~^~i~;'~~()~;1~.', t)~ I d t:tt. "I'C)'r;Mu"P"~ f10a ~N~f.l.:~~'~C:Di~(.)[.1CiI.
~^;ectinrx ~ . k1.l:lsf~x~rexxtg,h "1`iawwx~ t..exie i~ he:rekry ata°txe~rxeted tc~ gsdd a xter~,r hectic>xx ]'-"l,
tew reticP as t"r~Stckw~~
4te;tie~rx 7-7. P~«'[a@rttenttrxce: txt:` ,~tx:a e,twee:rx f:"ttxh atyd Fyreaperty [sxnc.;v ~lranage
~r«vale:s.
(a:~ Ctxvrxers rx~'txrex~st:rty h;:xvtt~; ~re•xrttaxc tMx~x a t.~xitxl:ae street ~ka~all iae; re:~aat~rnt;'x~rte
fear sa~~tiarx~, It~rtd::c:a}~an,~; car c~the+rwr"":tc: 6rnlZrc~vRrxg the area bctwererta curbs
at~e1 the rex~sertg~ lute as tha,y rrlay ciesirc, t°erv~~tei rxcx vva!!s ear rytfxcr
pern7rattertt strttutu~°es are ~t~aetc,! it~xin tau; sta~;ct right-erf-way. ~^re~~;:rty
txwr~ers shall: tx: res~rarexi~xle fir n~axitxtairxing ttte: are.~a, suc:Fx as 6y rrtt~w•ixa,g;
anet crtherwvise ke;e~irr:8 the are:~,rt l;ree~ axf"erlr~tx°tterti.r~rn arxcllrrr nrrtc~u;; xrow~t~t.
(h) '1°'txe ow~utaer cxt"every i~t that hxx;c a dr:~xit~rrt~,c Swale x•x,xxxning ~Pt~n~ tFxe a,t-txx.~t
shall rrxcxev trrxd r}t.helrrsc trrertac,rly rrxa:ix•tta.an ,~x~ch ~vvaie : that it crux
cle7ntirxete tcx sesrvc: ity~ ~rcti~n;r cla~tintt~e ~rta~etic~tts.
(c) 1(' to lt~t is leased by the cy~:vner tci a single te:taarxt, tl~e caw"tier shah be
res~r~tts`tblcw fctr the vC`r[igaticrtts .set f<arttxstt ~eie:tic-rt~ (a~ r~xxcl ski).
Secticsn 2. A11 pr+~vsi~xns t~l` arty te~wtt crrdirt~ttaee in c:acxra:l.~tct with tktis ordinance
are re~xealed.
~ectiota 3. "!:°his e~rd.inattce shall l~rt,cttrte ek~"eetive report ade°yptic~rx.
"l"he tat~:k;a~in c"trdinarxee ltavaxr~ kxeert snP~rnitt~k tex tt verta:, rex°eived the ft~lloin~
veate, anel rouas duly adc~pteai can thxsl3f~, day art"_?tr.~';e~r'~.~,r ......,'~i?t17.
r'kyex~; ~'"~..
A,k~scnt car laxctasc:rl;.+~"'~--
~x~p~;xxxarart~,~ ,,
~~ ~~ ~
,~kt
~~
*~ F ~ ~~
'~A3'A6P xgx~t
?~1e~nrt~x I'. ~Arrnl~rist~r, Tc~wta t lark
November 13, 2007 Regulaz Meeting
Approved: January 14, 2008
Page 16 of 24
A ()~2llIPVA:CwC+C',r~?tflE~vf)t1V'~p C'1IAt'TE1i ~& ()F ~`~~F.'T`C1W1'~ (tFL1F
tJ~~ ~'k[~ '~"()`'~VN t)~' N'I1.,.1..5`t)~tC>L~(;3-[
'I'IiE B(JAR[1 +d~:It' CC)i~MC5~+1()~F ItS (.)F "1'll`E "1'~)W1tit ()~ ~~l~WC.~;E~+UIt()C,J[E1
QR1~A.TT+14~
`~a:ctirstt ! ~'hapte~• ~F, +~~tic~tg4 57 E~;~tu~ r~tt1 ISc,Jxc~t_lt~; crt'tha:. ~titl;,tsc~s°K;ses~ts't°aswrs C'cad~: i:;
hereFry arn+~sadecl a,s futlc~w~.
trs ~'aratraph (c~, amend the fi~sref ser-terMCC; tr;~ nod "09i ttae t.irtae the erxtpl~ayee;
kaeec~rtsc~ elilrible t<sr Mc~lic~uc» csr t'tlt~. essali~c>~+:we ~ss:.ce}',ts c7t:tser ksa9t~"'is~~e
t.»tnpt47yrnent fattrswin;~ retrenacrat» this hcs~~taliraticsrt ansurartee ccrverae wilt
terrn.it~ate.."
'~rstiurt'~. r~tt Pr~~v~ioas~ c~t`arsy't"uwn t')rdnx~rx:e in cernflict wvith thin G:frdir~ana~e are
rttteated.
~tacan 3. 't"hi~t tatdinantie ,~taatt tae~~7rrte ef~dct~we twtr~.rrt fmd<tl:rt%~sr~.
`I`he fisroin~; trrdrsanee t~zvin~; Fset:n :~udatzaitteci tcs a wute, rc~;cirre~:i ttx. C~itt~wiril ve~rte arxd
was duty adapted ttsi~ 13th day +~t'l~iuv_~.~tacr ~~~Gf7.
_..
f°
t)uns-sa l o"lx•~7st?ra~tr<r.'I~~~vvra i°..__._.___
ter}:
November 13, 2007 Regular Meeting
Approved: January 14, 2008
Page 17 of 24
'e~~.F~i'C'~~:~~' ~~ ~ ~~''"'~"~~'~'+: ~,'"!~',1:`1 ~.b~+' ~".~ ~r~a"~";~:i~."~"N~ ~' d."C 4,~C'I ~~:"~"
'4~°~:.~ ~"~,1ia~^ lysaxaw°cf xn~"a::'~axasts~as;s,~cixssrzs, eat'"'t~~ce "~"c~"s's z:~i"~~~13~~aa~aa.,~st~ia ~fw~ira:~'ta, av~"~a
the ~';"cxxt~#t"+acti~ars t''.~ntr~rt ta~sr thn T,sxkc.;hr~ra~: «;•va4r 6~lert~`dx~9 ~'ra:ep4~.a,J ter ~'a~~e,:+x~l nd*.tr~hitr.~..
.* ..
Iaxs`. ~~3"d,wsa~ex:, `s"xasat~;+ t`:'.xa~xa~xx~;
f~~'~'~ " l:~~:~~:~ ~+'~,~:~~,, ~~5~~ ~~~° ~~I~,~~'~~.,~'~+: {:m;y~ t~'ac~ ~fix1~~~2car•c~a~1.;5,~ far+~x-a~ ~,~~`
4"`a'+.xxtrrai~sixsa~e tVaat t'ttcu t"nrr'ax^tarrn t":"ns~{ratxst tiror tb~• t.:,:~~Cr,~ la+^orc., !~a~o~~r'r t"~tat9~R:! 'f'*"r+1~,N1.
1:~xtt~t:KVely ts~trcied, cc~ntanf;cnt cant x'ei~°it~, ti'se rr~;cpsiir+:~ 1s"rar~~tMa~~aWXat~I ~'xart:+~,c,ticrxt
~,~,Yt;~aia:,;?,7 •• ~I,F91't;,~ ~ X,'!.,'x~;~~~~ .~M 1„~1:~'41t{ 9" @;9.9"F.!'~f0.1' ~'-~"47da~~"~;0.~&t'~t rxwpvwr-n,ti~u"f9~ B+E'~d'~~ ~~7 ~',~r.~C.di^~ P"' ..._p~,...,r,
I~Davix+~xt a`tf "`Jv~'~ta'r t;~zaxxlitw - C:`aratitrrlaw8.ic~ta Cit't1ltt.s a4~ ~.a~.+,xa~, `~s r.t..tfirr~ ~z~~artt~rx~i, ~~lYa~ t:
agawnea~;:; are ~~rcrv~ci~ng m ~;agrcaficxttat tuzt~aw,axt ~r~''t~t~ iis.ra~.alt~tg, c~f''t9xe cesrt5fauc,ts.csa'a 1'rrrrjee:t,
r~cin~rte~~ thi,,.;-' ~~~~ `-af ~'f°'a~~R"~..~~°,~°~ . ,, "11'pri~~
~~"
~c;a,"
y ~~~~,~p X'u WaB~fld kl.~~, ~?
~ ~wf ..
~ /f
. ~."_ re's- . ~ ,.
~x x~,~
,.
~ ~ ~
~tr«t.~ ~+"Y „~,hr~;~ts ~ '~'a~ti~~at f,"l~;c~s.
November 13, 2007 Regular Meeting
Approved: January 14, 2008
Page 18 of 24
Mail zwttr'r rr<xyrcti~x,~ tw'A
"t"rt:.. Macvrplao~, ,xr.
`t"Iwo: f3r~pw~gtr t,.~ww F^lrwww
titr:„ tx{xt?•A. C lK2"3 t', f~rurwlw lin :~c,.
£:'lwapci t"lilt„ hd~:' 21 +fl4
(Jr~txxgc (;;'c^rrwnty I'!~+'~ !~tt~~,.atx x,E~~+_
~('9~I~:C~~~;C';
AN ()1~1)I~~'4:°~A C)T2D(4(x 71~~~: C'."+C)d"xft'1r~;1M+'tNA"i'~+6Jwd~ .r~N131 ]'1...A(:;AI~i111<:~ I)LI~:'1'!C:1
~^`d1LAT1(:!1'~±i+~~ "['~"IF Elflal.~S~C'11t()li[~~ I'~I:~tlfli~l:J 1~1C)~.ltil:~iCw [:'(?[D&: ~"f'
41~~ I3C')'1'TC)PY'4'V()6)1) U~I~ IV C?1tA~wY(,1~, ~°()tJN"1"ti(, P~l)~t"I"~i. (`AKtJ~1.1C~A.
I{P.It~"s~!h~, the '!"'rwwwa rwf" Ilillsf~aratt:wwa~;la wxaspc•w:tec! the frw~:trti,~aa lcweated tat 4C)?.
~:3tatCc>nwwatad t:3~vt, t"~raxa~„e., C"cwewrtty Nrarth (;~rc-mliw:wta„ wlwic~w ~s !ra tlw~, extrtaterrricxrital jtxa•isd~c,~tiwaax ~wf
the 7"t~wvn txt" f°~itd«>lwcereara~tr, a"xrw ttxaaa 2a, 2~~)7 wanef .r'`wu~;txst 1: f), "24Mtl7 ti>r laA:rswit~lc vicwitaxlewtts cr!`the
€!a!ls~r+:~wx~>ra~h Cvliniww"xrwrrx 1~ttarasiw.a~; C:°cxdc,;
Vag'! Il.IA~,, kstw.~~d t~wra t!x!~ ttasiweetiw7w°w, the ! twPi:wxhxmxr~wtwgta +!.°c.>e~a. f ,nfirrrre:,txaexat ()ff'iea~r
caeased a twearin~ ter !ae head twtx. ttieptertt9wx::r lea„ 2f1C)7 tiwr the: ptxrwsx; cwi" lixad:4.aag faarf~x with x°cgarcl to
the alle~ec~ viewlttt:buxas,
`r#?l~.EaFit~r'~~i, ha~a;d can tFaa~ evitientx., paesx,wxtarl. tart tae lax:°.arwn~,, tFae l~illslxarrau~ta (:;axle
l~nl'urcc:tnent t1l"l'wcer issraed v+rrittera !^"irwaiirw~w crf l~acc:t czwt ~c~wtenat~:r 2t5„ 2~]'7> and k~tesc~ can the
ttadiaas cwf fhct, thtW C;trde E;rwfiwt~ttaarwrwt (:~l"lic:et° cwx~clet"r~d thaf the eaw~"ner initiate a pest r~~rcacwwal and
c.<.-rrtfcwl lwlaxa awitl7ix~ l() alay., c~f'the nxytitMe. and st:ihxaait alcweraaawcnttwtirrtx cwl'thwal actiean to tlae Crwde
i:wx:firrrema~~rwt C)ffaeer;
VJl[l:lt:l~dh;~, ttxe l~'indixags cwf l~''twct i~;:~tx~.ywl cwtw ~e~ptexnlw~x :~.":da.:?(1(J7 til•~mr rarde.t•ew:i the <awxaer
tca sr cawr~. tlae lwxaaperty withixa 1l) clways ctf" tlas~ ww<>tiu: to"a d~:tc~r rwt.;~pe~4rw~ Garwrt pta:.uent c~etwpatrcy a>C"
the dwe;llin twrwt! tfae w°crdexxl lwwla~ttxtisrw:a rotas rextxlve~w:l„
''J4i'lll.Rl:?,r*r~, flee prcrlxsrty awwxaew" t7t` x'x:.c~,crrcl Iww;w.w Biwilecl ttw trrirwl, t}we lwt"cwpx,rty irxccw
caxtnpliaraa~e with tl`xa: l~lillslxsrxxuIa 1'vliaawxruwrw !{x:wawsirw~~ t:;arcle,,
November 13, 2007 Regulaz Meeting
Approved: Januazy 14, 2008
Page 19 of24
(?W, 'f"lff..~F:fa'(')f~i;, ~~l:: M."'f" f~~~tl)tt,.l~;':I:) 'hy the t'a:rw~n c7i` ~-f1ltityruu~fa f3aard t~E
".eanstssa:~.~i<rtter~, asf~.rwr ae ~ataf>lr~ hc:aarets~ ata tfae rraasttea°, ora tsteatittn eai' ('eYt~nctxaasssc~tser E3rian. I.~c~wen,
c>nded aay C:"arr.~:n~i~~~c~rrter f" r~x~ee~~,1~.7.s~~c~y, tiffs ~ 3`~` easy crf Nr~vettsr, 2~~`!7, aes fo~lc~ws:._.._.__._.
1. `f"he rJav~eltin 1crc:atc~tf tat 4t)2 C.~uttr:>aaw^as~~x~ 8?rive aM Ptcsr~:~y cc~rtdc;mned and
c~esi~;tsated Q autfit f'car human Isabitxtticrn uttti sttc:h tits~c;~ arx tfse <rowavtli,t' ccyrnplie:~ uwitia the (~`cxie
E;anfrrrcc:rraent (:tklicc:r":~ taFtatertsetrt c7rcler dated °ie~ate~txalse:;r2ti, :~4)~~'T.
~. "I°he dwve;f:titt~ Puzlf iacr platcasrcNsdrtt c:r;atttlaCiasasr~~:e ~vitla ~a.c;tiaatt 1ti rif` the
E ~itlsha.ar~u~h Mmasxrntrsn ~ fc~~s~Wn~; C"crde atnd a c:c~~ry arl' t:~ti:~ car°ditsasrxc~. reccsrd.1 its tkte ()ratr~a;
C"r-rartty F~c:,t:ry cat' I?e~~dar as ~>rcrvidec9 an ~we~~tr~ra ~ fx erg" Itte ~ Iwlla~frorrtu~h t'vtanmutn f csta.~;an~;
C;:;xfe.
~+?r"I{f ,I~Ff?+CJI~:f, the ~isrr:~~;a:~in~ t;)rdntstt"e ~nra:; ~Srst tics a w~z~te crt'the `~"atiwn csfi' ~till:~Yxsrcruils
t3c~asrd rti1' C;~atnmzs~mcrrMe:r> tlsfs ~3"t' cla,y~ ~~xf' 1`~ravc:r~9ae°r, :2()f,)7, ~ratd tae res+u:Pt^w ~;r# ^w}teh vtste w:titi ati
f~a1f<~mvaw:
r'~yC~: 5
raea;: (?
C)astc.: C~tia~r~rr~!?~a~ 1~,"~d~tJ7,,,___..
.. h.,....„..„ .... ...........~, ........,... ....,_,.. ...~ ,. ,_.........,.....,. _...~.. ~,,..........r...,_
I~.)c~~ranu ~h~rx~~thrr~tr..r,',1'r°s^,~,+ax C ic~r~k.
November 13, 2007 Regular Meeting
Approved: January 14, 2008
Page 20 of 24
~7RANGE'_ Cr7k.1tA8T''P
t f9{~'iIC)7
NrJ(iTFi CFa,Fi~JLltwiA C7~~,~F~TMFNT"
{:?F' f'f~F~,N~F'~7R"fA°P"'1C')N
~~,iC~i~fEP'~At~!(:1t= AC3FiE:I~fw1E:N7
ANC:t
Tf3WN C.)F I-ItLt..,~C~C;1l~C3i,)C,H
Tt~kl A(:fiGE:ta+"Il::P~J"1" is rraade <ar~rrJ eratereri ir'ote~ carr t:Yae, I<trsi: ckr:~tc, exec°°i,+1r..ti F.,e;lr:avv, iay and
kretw~en tY:~; Nort.ta <raroiiraa t:)ek>artn7e;rrt cat frarrs(:rr>rtatirar°w, Sara ^ryc~r°roy of tlae `.tat<~ eif Norttr c,;'arca(or-ra.
i7erein~.after referr°eci to as t.Yarry "C~efr<~rtrrterat" •~rarl tPre 1"rawrr cif FiiPV"w,tarrrr~o~tJf°+,• ,ao ~°ratanir.,lPaal r:nrrac7ratitrn
hareinaftr~r ret'r~rreci try aw the; "'hPlunic;i(~ality"
VVI"ThtS'~1"H:
~+`VHF~REfe~, the: L7e~sartP~raent anci `tele~;is Cun<atrr.roti«r7 Mr~na~,~erraent, t..f_C~ +~xecuteacG an
agrperncrat on ~1ay ~Ci, ~1fJI for the ;;ir~na! irastatlfattrara at the int.er.~ectlorr r,f Nt;; 13~ {CPaP,irton ~,treet~ <~t
Nash anei t^Toilork »5tree^t anti r~p~raa~e at NC ~s4:3 anci Mar~)aret I_arae (sir~nai irrv~.ntory fit ()fi-(JS4;i;P.
anri,
dlVHirk~.Fr~~;, the fJe~arkment aracl thra 1,/l~tr°ricd(.raiity hr~rve~ a~ree'CJ tr:+ ceal:ain responsii~iirties, to
incltrr~~ rnai~ntenanr.:e r~~s;~,aonsihiii~ties o~f r:~a'hJ faar~P~fe~~, a~~ he;raainafta~zr :yet ~fnrih trr aoc~crra~l~lish lair!
imprawen-rents, anct,
N47~1„ Tt~9F1;EF=Ut"~tE:, the f~cartir~sy hereto, each ire r.r,~rasicit,rat.iran of t.l~ae prorrrises anti
unaaertakin~s of the otP~Per as i7err:ir~a ~irrywicked, rio hereFry cowenarrt. rrrari ayr~we, each witha the crthrvr, as
follows:
1.. ~fhe tlr1unicit,~al+ty sh~ali Pae re,s~icarasihiie fear a61 rraair~rtenanca, of the talar~k l~rawcier mat
finish un the., rraast aura sis~r~ral larade Icx;ateci can N(:r Fifi (C;(aarr~kon `~tre=.et) at Nasta ar°y,;i I~ollork ~itrc,r~at in
Fltiilsburt7r.rclh .ali e.osts of ra7air~ter~+arar~a shale tie bor.ra~x ta,y ti°re t1fiM,anioi~~a(ity
November 13, 2007 Regular Meeting
Approved: January 14, 2008
Page 21 of 24
2
~~.. 'T°he tv'l~rn'cc+~aaPity wrtt'a the af~rgar°owa! ar° r.rt:,cara c~ir+;MC;t:icar~r caf tare 7`'' I7iwisicaa~,
Enclineer', wriil rxraintair~r ,~r~ set rah ~~a rx~rair-rter'ranr c, sca',erXr~aPet fr,:,r tha'r tularak, paov~r~tler' ccaat on'the rne~taP
{ao(es anr.i rtaa~~t r~rrra~, at ttre irrtr~r;~r=,r::tic,r~ rY"+t'ar~rtitara~cl r~t:!t:a~+t~.
^3. 'T`i're Ndranicipa#it~y~ rrar„rst rase laairri c'>oaters~ thr.rt 6 > str#:rr°:rvrm^r.! kav i:P~aea 7''' 17iwisirar~ t n~i,~GF:r
arrd meet ~star'ad2~rrci ~ta'ir:1e#irrr~s~ cte*;reirlrrc~rJ tray ra~c, r,:a~rr r~rnlaP r`af~jrar.t<s.
4. fn tare evert away r'netaP faCaPer;~ ar~d rraras't arra~as raeec:Pr;;r,! tca t;+rw~ re#aPace,>d: tt1,;: Niuncipalit:y
wor.rlci t.~e resTararasitate for a3# costs assoria~stec! witf'a iPaw; alatlw2rnrre~rt talaa,k tacrwcier c;aak finish r-.rr ti'rer
r'petrrt ~aoles aracP rrrt~.st ~arrx;.~.
~. Pn f.he ~,v+:arat ttraa f:3ef.~rar~3rr~~c:r°rt. rtr:,tcarn°!irrr ; hart ~Ji~+~d,°.;tl#:a:al#t~y i<, nr4t t.!ru~~e=;rly rr~~airrt~rrr~+sr;c
the: black. T'rCrwder r.c~at. finish ran sair:P rxoeta# t•ar•aPer7 ararf rv, ~a;;t gas r'ra=:,, fPtc.+ (~eTaar~trrer,t writ! r7otify the
Mrarici~>a#ity Pf thre Ma,rrriciTaaity~ dr:rr'.s r°rot la~.rfrarrra fkrapr,r r•ra!rir~te:raarac ~ ~u~ittrere ~a re:~=r5crr~aP.+le trrrtn aPtr;r
natification, the Muricilaatity agrees t'taat tt°re f:~eT>artn~rer•rt sf'raPl t:,c;rt+~~rrara the necea;,,sary~ n~aintenanr;.e,
or at the C~epartrxreraf:'s captir~r,, shrrPP irasta#d a standard alra#!r~xraizer:l t°rtetaP Tacatc= aracl c~rsast arras witkacar.at
kalack. Tacrwder coat finish. IS Is furtt~r-;r a~rr~c.d that tfr~ r nsts C.rf rrrairtr=rranc;e car the cr,sts caf
repPacerraer~rt sPaafl tae r~eirr'rha,rsed tra the C3e~rartrrrerrt P."ry tt~c: P~furair.,ilaaltlty. T~ein~btrrsen~ent to the
C?epartn7ent shalt be made it one find pa'yrr~erat~ withirr sixth (~0~ clay+r~ rrt irrvoic,'ing b+} the
DeP;,arkrraent. Ttae C.>efaartraerk shad chaarrTrw a Pake P3erralty grad interest rarr 4xrry' ~arataaic! badarce due in
accordar'rce witi°r {~ `a. "tl4 f''.t1E3.~'.3.
l~. tf thc, lrJPtrraic;i~ality f;rifs'fraY, ;-any re~~r=aon ixr P:arzy tPiru CJe!t;y2~rtn~ent ir`P r~c~nrclc-rnc:e with tieE:
prouisians for P•aaWrxient herein2~Yacwt; farovidc-;d, Nortta C~arcrliraa C',er°rr~r'erl ~3t~rtr~te t 3Fr-41,3 ar.rtiararizes
tP're t~epartn7ent tca withtacalct so rrrr_ach of the NPunir.PPaaftity's ;~~hare raf fr.rnd~a aPtor.,;:~ted to said
Municilaatity b~~ Narkta Carritlirra r;.~r~.~rrv;;+rai ~itatutra fer„tiraY°r 1 W}~..4'd 1, raratPtl sr.rcP~a tirrxe as tt•re f3efiartrnerat
has recc:ivec"t rbayr7e.raf it frrPl.
7. Ttre t)r=~aartr~rrr:nt shall rawrr ar+rvi cxar°o'trcal tt7rrr Iraf"fic: stclrrrP arari ralairteraance rviPl P:ae
aCCC?rxP~!Pi~Str~^t~ !t1 ttlr„, „aw3f7IF! rn~~rarae,r' :R;; rxa"#fn9+;;r!~1raPf'#.:)f Y?tFPt''r .teatE, 5%~',t~'.rT! !"nl~~tlFrllZE+d Ir"!t~"r:;fCt~f„!r^,
within the munic;i#;aal lirrtits.
November 13, 2007 Regulaz Meeting
Approved: January 14, 2008
Page 22 of 24
E3. Tca the e~;tent atatP~crrczed Pay staP:r~ ar',a;1 teller r~l cE;adrrr4~ r~~fati,att~;,, pa~P~ party shall bra
resprar7siPaie fair its respeavtive ar~~tic>ns tir~a~+;;r the terms gat th;s atlrtaer7~ak,r~t. ar~d save hara~r~less the r]ther
party frcarri arry ~;lairr~+s arisina~ a;:. a r°t:s;trlt crf srat;h at:toraris
i7 b~ I~NCiEF<~TC7tJt;7 A9'+lk.:7 }~K:~FZFI~;k:"r than. tPae ~+g:aprcrval' of the prerjec:t by the
Deparkn~enk and tl7e MttratG'ik~r~lity os st~P,~r,rt ira tk7~, rt~ni:litrur~a.~ c7P' tFris ~,+Jr~Lerner7t
November 13, 2007 Regulaz Meeting
Approved: January 14, 2008
Page 23 of 24
,~,
lN'VVI'i'i~Pl~S'3'~"JP-)1:~1'~tF=+'u~t-`, this Arlrfaerr~ant 6ea~ P;aeer+ e~~e;s.,ris:Lci, ~n ris~t:~lic;ate, the day
and year hereto~ar'e set carat, ~r~s the C1~~rt of tl~~a L)efsartrs~ses~f t~s~r~l tf~c: i,JPs.rrair:i~aiity by a+~stht~rity ds.rPy
given, as evidersr„>~~d ~sy kt~~; a2tar.h~:e3 ~,~r~tit'i~wr! r.Gai.~~y tai F~'~ar~lrat:i~>rs l':br~c~Jir7arsr.,.~ ~,r~~ Cahar~~r
Prravisicrrr, a:~ the case may Ise
WC"fNE~~ L _. ~" ~,, ~~ ~ G"J6fl»+'t~P C:)f }1Pt.P ":~f 11.1C~N
~' '
/, o .~ ,~
,~ s ~
,__ '~w
,,.
"~w„w ~„. w~,n
,..~ H ~ .. 4 ~L
.,,~ .
~~~~lBDEYM@'fiN~~
APPRC7V~P7 ~S Tc:J E~X.t~C1.J-T~fCJt"a
-1"I°s+;~ is°s:~trs.sn~s~:nt V^rra ~ i'aee:~.ra i?r~:-<~aaarited in
the ra~anr~rer s-ed'lsair~:.al kry the tl_r~r~xaP
C~r~vernr~sa;:~t,E3ur.tq;;et arrd F°i~r,:al Crantre~t ~c;t
_ . rf"
f~ec:Ir.-;rG:rl l`rsx lc~errtiCs+:;ai+s.'rr°s P~s,ra7at,rur
Tcavsrn raf Fdill~brarra~a~Fa
f~eraaittar7ee ~adclreee
~ ~~ rPi~~Watarsrltr
~ M{
~x ,~„CafSrt~ 'a
lr~ly
i,.ra,~t' ~`.
c~P"~;t=>~~~~~nn~~:rl~r ~.~~- °TR~NSF>c7r=~-i•a~r~~~sv
~.x.~.I.~- t~~Ir,~~~P~vv~~ ~r..~nnINI~T`r~are~~
~'~~S65TAh~'T' A'1""i't,,~4~1,i~Y C~Ei~iEl~i~l-.
November 13, 2007 Regular Meeting
Approved: January 14, 2008
Page 24 of 24
r""tJP`r` C11~ A RF~t*:+i..iJTIfJN f~r~;3~fL') E3''d 1`F-IR:= i3r:1Ai't:.l C::ai= C;CJMIUIfS:;IC)NEi~
C7F "C')-iE l"I:JWMI t,~~ FIpLC..SIa~rF=~t~>tJC~,hi, i^Jt;~r~~"Ti..N t;~,i=iCIL.II~A
~ r•notior7 ~~ r7~adr:; i~ ~~~1
y.._~~ .._,._.. f~~`~",~1 _....,_. ~rr~:i st~c~~rrcterl iay
_~~~1~ ~~~~ fcr thr~ aclc~pt~ar~w r~i tl~w, fcailrav~rir~g i;;esoic~tian, ar~d r.alsarr
k~eing put to a vote was drily ar:lapted:
1('Jl~-I~f~t~":Ftitii, f.hc hearth (::~araiina [:)epartmei~nt ref '1'r~~ar7sport~atir~rr rend 'Tele~~is ~onstructdan
Management, LL_G" eaxr=K rat+*Ld are agrees°rrerat on May :if) :+t')i:)'~" fr]r tFrr:~~ :;icJr7r~! ir~stallatia~n at tht~
ir~tersect:irrrt of NG 8~ ~C`hcrrtan ~;trcet) at N<~r4!'r arr<.9 K.allacl~ `rtra>r:=t ar~<•! ~tfaclracle eat h~f~: 8F aryri
Margaret L.arye ~srrJr7al lnventary ~ tai ~fJf'k43y; ,ttr'rr~t,
WI-1FRl~A~ said agree~me.rrt prcJVia:te~ fr~r ttar~„ M~+rricll:aaiit:y tr:~ k~t> rr;:s~+rarrslkatlev fGrr ali
rr~aintenance crf the k~facF; laawr.ler coat finish on tf~e rra~ast ~!arrn ~irlr•rai faaRe at the Ir.~cat.lorr ai'~ove ira
NiUsk7oraugh, Ail c°asts ref nrair°rtervarpce :sYBsr~ii t7e k~r:arrre try kl-re Ma~r•sir:,ita~ality; areri,
Il1lHt=F2~r^, ~, tFre L7e17~artn•ser~t staaiP own ar°da:1 ac~r°rtrca4 tf'tr tr.tatflc ~iclnal ~.trlrl mairrtcr~ance well tie
ar:corrrptlisherJ in the sar~tr rnar~tner sts rnainterrarrce ~sf c~tFrr,:=r ,t ate, ~ay~ loava ;sfa~~na2izc.,c! int+~r;~~ction<r
witYri+i ti•,e rnortnicip~al iirrtifs.
hJC W, TNEF~Emf"~C.~r~~E., 81. fT 1~[:~~a~,rt~'~k:C1 that sa'ic~t hrro,~e~ct is herehay farxrrally apprrw~;d k7y td•~e~
Board of C:omrnissioner°s of the. 'T¢~wn of Nillstaorotrgh arrci thaf the Mayor and C`,lerk cif this
Municipality are her~;ksy errropowered Fca sign c~r•acl execa.rt.e tk•re r"~clrer~r°raerat with the Department of
'Transportation..
1, s'..''~~__;~'-".~""~1.~~'~'-~_ _. f~l~rh r~i'tPrr ~',~wvr., ref r,tllsi~oruw.acJtr, cIo i~eret]y
certify that the fore;gaing Is a trr.ae and r, crrreat cagy of c„~ ~c.ri~rtw,~trnrra tt~c M+nutes of the meetincl a~f
tkre Board of Can~missirrrrers rtt.rly 17r=fr1 ar7 tt'rFS _C_~~~ day ~~f .~.C~'r~~~~? .__, 2U,~7
~~ff WI'F1~3E~y5, my hanrJ and ii~e official serval of ;~ai~l Mr.rrtlcail:rality ora ttris tttr, day of
/ _
~''~~~ ~
r~l~
.l'raln°tv C`~F~ h~iir.i_:~Br>~~f~G~c~~-t