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HomeMy Public PortalAbout02-11-2008 Regular MeetingFebruary 11, 2008 Regular Meeting Approved: March 10, 2008 Page i of 31 Town ~'- ~ MINUTES of ~ ~ HILLSBOROUGH TOWN BOARD - __ _ h February 11, 2008 H111S g 7:00 PM, Town Barn ~~. ~~, PRESENT: Mayor Tom Stevens, Commissioners Frances Dancy, Evelyn Lloyd (arrived at 7:17 p.m.), Brian Lower, L. Eric Hallman, and Mike Gering. STAFF PRESENT: Town Manager Eric Peterson, Assistant Town Manager Nicole Ard, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Town Engineer/Utilities Director Kenny Keel, Police Chief Clarence Birkhead, Finance Director Greg Siler, and Town Attorney Bob Hornik. Mayor Tom Stevens called the meeting to order at 7:08 p.m. 1. PUBLIC CHARGE Mayor Stevens did not read the public charge but indicated it would be abided by. INTERVIEW CANDIDATE TO FILL VACANCY ON THE TOURISM BOARD No interviews were conducted. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:09:10 PM Robert Morrow, a native and resident of Chapel Hill, asked about the plan for the rezoning of the Colonial Inn, and where that matter now stood. 7:09:30 PM Mayor Stevens stated the rezoning had been withdrawn, and the Town was communicating and negotiating with the owner to see if some immediate repairs could be done as well as to identify the long-term use of that building. Mr. Morrow asked what the plan was for future discussions. Mayor Stevens stated that was open-ended at this point. He said the owner had invited the Board to visit the Inn to judge its condition. Mr. Morrow asked if that and other meetings would be made known to the public. Mayor Stevens replied they would. 3. AGENDA CHANGES & AGENDA APPROVAL 7:10:28 PM Town Manager Eric Peterson added the following items: Item 9.A.1, Discuss and Consider Approval of a Resolution Authorizing Settlement of the Litigation Involving the Asphalt Plant; Item 9.A.2, Consider Approval of a $170,000 Budget Amendment to Fund the Asphalt Plant Litigation Settlement; Item 9.H, Discuss the Upcoming State of the Town Address; and Item 9.I, Discuss Topics and Matters Related to the Joint Meeting with the County Commissioners. Mr. Peterson stated he also wanted to present the Board with an update on the proceedings of the Asphalt Plant Litigation during the Closed Session. February 11, 2008 Regular Meeting Approved: March 10, 2008 Page 2 of 31 7:11:42 PM Town Attorney Bob Hornik added a closed session item to update the Boazd on the Coucalus Knight litigation regarding the condos. Commissioner Hallman asked for an update during the Closed Session on the economic development alternative Commissioner Gering brought forward at the last meeting. 7:12:27 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to adopt the agenda as amended by a vote of 4-0. The motion was declazed passed. 4. APPOINTMENTS A. Consider appointment of Elizabeth Woodman to fiU a vacancy on the Tourism Board 7:13:20 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Boazd moved to recuse Commissioner Hallman from voting on this issue by a vote of 3-0. The motion was declared passed. Mayor Stevens clarified for the public that Commissioner Gering was recused because he was married to Elizabeth Woodman. 7:14:22 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to appoint Elizabeth Woodman to fill a vacancy on the Tourism Board by a vote of 3-0. The motion was declared passed. 5. COMMITTEE REPORTS (Critical) 7:14:47 PM Commissioner Gering thanked Board members who were present for the Tourism Summit last Monday, noting it was well received by the public. 6. REPORT FROM THE TOWN MANAGER 7:15:30 PM Mr. Peterson noted he had no report. 7. DEPARTMENTAL REPORTS 7:15:41 PM Police Chief Clarence Birkhead unveiled the Police Department's new uniform patch design, noting they had wanted to capture the essence of Hillsborough with the new design which included shades of dark and light blue as well as the Town's clock tower. 8. ITEMS FOR DECISION -CONSENT AGENDA A. Consider Approval of the Minutes of the January 14, 2008 Regular Board Meeting and the January 14, 2008 Closed Session February i 1, 2008 Regular Meeting Approved: March 10, 2008 Page 3 of 31 B. Consider approval of revisions to Town Specification for Water & Sewer Systems C. Appoint citizen representative to Orange County Land Trust Advisory Committee D. Consider approval of revisions to Town Checklist for Utilities Projects E. Consider acceptance of Churton Grove Phase 4 water and sewer utilities and start one- year warranty period Commissioner Lloyd arrived at the meeting at 7:17 p.m. 7:17:53 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to adopt the Consent Agenda by a vote of 5-0. The motion was declared passed. 9. ITEMS FOR DECISION -REGULAR AGENDA A. Presentation from the Hillsborough Arts Council 7:18:18 PM Heather Delisle, Executive Director of the Hillsborough Arts Council, updated the Board on the Arts Council's activities over the past yeaz and provided highlights of their future goals for the upcoming yeaz. She said accomplishments and current arts programming included Pazlor Concerts, Regulator's Traditional Music Series, Creative Expressions, Cultural Master Plan, Last Fridays, and the new HAC website. Ms. Delisle stated they had also jointly sponsored with the Town an Arts Forum. Ms. Delisle stated at the Arts Forum the need for performance space and extended Local arts programming in a designated facility was expressed by many, and the Arts Council was forming a Steering Committee to further those goals. She said that the Arts Council must grow to meet the needs of the public, and to answer that need the Council had hired her as its first paid staff member. Ms. Delisle stated they would establish regular office hours and new committees to increase volunteerism and fundraising, and would create new programming for children. She stated they were also investigating the formation of a crafts market to be held one day a month, as well as a weekend matinee film series. Ms. Delisle stated to make all of that possible, the Arts Council was asking that the Town consider increasing its financial support. She introduced Tinka Jordy, Chair of the Arts Council Board. 7:21:45 PM Ms. Jordy asked the Board for a financial level of support that would allow the Arts Council to continue to serve the community in a meaningful way. She stated the recent Arts Forum had made it cleaz that Hillsborough was at a point in time unique in its history, in that there was a clear mandate for a stronger cultural organization in the Town., She said the decisions the Boazd made today would make a real difference in how the Town looked 20 years from now. Ms. Jordy stated that art and cultural activities were key contributors to tourism and created jobs and economic development for the community. Ms. Jordy stated the additional funding they were requesting would allow them to be the effective organization the Town deserved, and enable them to meaningfully serve the community February 11, 2008 Regular Meeting Approved: Mare 10, 2008 Page 4 of 31 and answer the. need for growth. She asked the Town to join with them to further their partnership so that they could continue to work towazds their vision. 7:25:12 PM Commissioner Gering asked how many active members the Arts Council currently had. Ms. Delisle responded about six to eight who were very dedicated, and another six who were active depending on the programming involved. Commissioner Gering stated he recalled there was a long list of needs, and one of those was the need to establish an umbrella organization that would collect all of the varied interests from existing groups and new members, and asked if that was a mission the Arts Council would undertake. Ms. Delisle stated that would be one of the initial steps of the new Steering Committee, noting they were hoping to pull volunteers from different entities within the community to serve on that. A.1 Discuss and Consider Approval of a Resolution Authorizing Settlement of the Litigation Involving the Asphalt Plant 7:29:01 PM Mr. Hornik stated that based on the discussions held by the Board in Closed Sessions regazding settlement parameters, they had negotiated what appeazed to be a settlement agreement with Doug Robins and Hillsborough Bituminous Concrete, Inc. He said the settlement called for the Town to pay $170,000 and the insurance company to pay $5,000 to Doug Robins in exchange for releases of any and all claims that Mr. Robins may have had or has had against the Town. Mr. Hornik stated this settlement would dispose of any and all potential claims regarding the asphalt plant and site plan denial. Mr. Hornik noted a key term of the settlement was that Doug Robins accepted the zoning that was currently in plaice on the property in question, and that there were no restrictions on the Town in regard to accepting applications for that property as currently zoned or as zoning may be modified in the future. He said that eliminated the possibility of that property being used for an asphalt plant or similaz use, unless at some point in time the Town decided to rezone the property to allow such a use. 7:30:37 PM Mayor Stevens said the settlement amount was essentially the cost for certainty to remove the possibility of an asphalt plant so close to the river and the heart of Town, and other sensitive areas. Mr. Hornik stated that was exactly what they were doing. Mayor Stevens stated it would also allow Mr. Robins to go forward with some other use of that property. Mr. Hornik agreed. Mr. Hornik stated the resolution provided in the packet would authorize the Town Manager to execute the settlement agreement and general release of claims, and would authorize the Town Manager and the Finance Director to pay the funds to Mr. Robins. He said it would also authorize the Town Manager, the Finance Director, and the Town Attorney to make any adjustments necessary to the documents to make the settlement final. 7:33:23 PM Mr. Peterson said if the Boazd approved the resolution this evening, they would move as expeditiously as possible to finalize the settlement agreement. He said they did not February 11, 2008 Regular Meeting Approved: March 10, 2008 Page 5 of 31 have a 100% guarantee that the other party would agree, but expected that that would be the case. 7:33:54 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Boazd moved to approve the resolution authorizing settlement of the Asphalt Plant litigation by a vote of 5-0. The motion was declazed passed. A.2 Consider Approval of a $170,OIi0 Budget Amendment to Fund the Asphalt Plant Litigation Settlement 7:34:06 PM Mr. Peterson stated the budget amendment would transfer $170,000 from the General Fund to cover the cost of the settlement just approved by the Boazd regazding the asphalt plant. 7:35:09 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to approve the budget amendment to cover the cost of the settlement agreement for the asphalt plant by a vote of 5-0. The motion was declared passed. B. Receive request from residents on Red Oak Court to prohibit commercial vehicle parking in neighborhoods 7:36:13 PM Planning Director Margaret Hauth said they had received a request from some residents on Red Oak Court to prohibit a resident from pazking a tractor trailer on private property and in the street of their subdivision. She said the Police Department was addressing the on-street pazking issue. Ms. Hauth stated staff was asking for direction from the Board on how to address the complaints. 7:37:10 PM Commissioner Hallman stated this was a tractor trailer and not a panel truck. Ms. Hauth said that was correct. She said she had looked at other jurisdictions. and had found two that had restrictions regazding tractor trailers in residential neighborhoods. ?:38:30 PM Mr. Hornik asked if there was a homeowners association or other kind of neighborhood organization in that area. Ms. Hauth stated they did have a homeowners association with restrictive covenants, but those covenants did not specifically address this situation. 7:39:39 PM Mayor Stevens asked if those covenants could be revised. to include specific language to address tractor trailers. Ms. Hauth said they could, but a significant majority of the property owners would have to agree. She said the homeowners association seemed confused about how to enforce their covenants, but was sure the Town could give them some help with that. 7:40:08 PM Mayor Stevens said at first glance it would seem logical not to have tractor trailers in residential areas, but also did not want to spend a lot of time solving problems that did not exist in of other places. He said the Town was very involved in rewriting the Zoning Ordinance February 11, 2008 Regular Meeting Approved: March 10, 2008 Page 6 of 31 and did not want to clutter up the Boazd's time during that process, adding he believed there were more simple ways to take care of this problem. 7:40:32 PM Commissioner Gering said he was reluctant to get involved in what appeared to be a neighborhood problem, and they already had an mechanism to resolve the problem themselves. He said he would prefer the situation be handled in that manner. 7:40:50 PM Mayor Stevens said if it became a recurring problem in other areas of Town, the Board could address it at that time. He said he was not interested in creating new ordinances to address this. Commissioner Lloyd agreed, adding that if the neighborhood was unable to solve the issue, then they could approach the Boazd at that time. 7:42:15 PM Commissioner Lowen asked if Ms. Hauth had actually seen the truck pazked on the street. Ms. Hauth said no, noting she had visited the area and taken pictures but the truck was not there. 7:43:33 PM Mayor Stevens said he believed the Board was in agreement to let the homeowners association address the issue, and the Board would revisit it if necessary. C. Discussion of Strategic Growth Plan Phase 2 committee and appointments 7:43:47 PM Ms. Hauth stated that Phase 1 had been completed and they were now moving to Phase 2. She said Orange County was proposing to form a Phase 2 committee with 6 representatives: lelected official, 1 Planning Boazd member, 1 EDC member, 1 Commission for the Environment member, and 2 at-lazge members from the impacted areas. Ms. Hauth said Hillsborough could also appoint 6 members: 1 elected oB-lcial, 1 Planning Board member, 1 Water and Sewer Advisory Board members, and 3 at-lazge members. She said another option would be to appoint 1 elected official, 2 Planning Boazd members, and 1 Water and Sewer Advisory Board member, bringing Hillsborough's appointees to 4 and the total committee to 10. 7:45:41 PM Commissioner Hallman stated he liked the option with 2 Planning Board members, noting that Board was up to speed and would not have a learning curve. 7:45:56 PM Commissioner Gering agreed, noting that once the interlocal agreements were established the Planning Board may be in the position to be considering issues with respect to them, and having two members on the committee would give them a good advantage. 7:46:20 PM Mayor Stevens said then the suggestion was to have Hillsborough appoint 1 elected official, 2 Planning Board members, and 1 Water and Sewer Advisory Board member. 7:46:26 PM Commissioner Hallman stated the smaller the committee the better. Ms. Hauth asked if the Boazd wanted to chose a Boazd member tonight for that committee, and allow the other two boards to appoint their own representatives. Or, she said, did the Board want all names submitted for membership. February 11, 2008 Regular Mating Approved: March 10, 2008 Page ~ of 31 7:47:04 PM Commissioner Gering said he believed they could rely on the other boards to make their own choices for those positions. He nominated Commissioner Hallman to represent the Town Boazd on that committee. 7:47:38 PM Commissioner Hallman stated he would be happy to serve on that Committee. 7:47:46 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to appoint Commissioner Eric Hallman as the Town Board's representative on the Strategic Growth Plan Phase 2 committee, and to allow the Planning Board to appoint 2 of its members and the Water and Sewer Advisory Boazd to appoint one member by a vote of 4-0. The motion was declazed passed. D. Discussion of the Zoning Ordinance re-write process 7:48:53 PM Ms. Hauth said as the Town moved forward with the Zoning Ordinance rewrite, they had at least two options for securing professional services: they could write an RFP and solicit proposals from consultants, or, they could negotiate with a preferred team and develop a scope of services and fee. Ms. Hauth provided the Boazd with some pros and cons to consider when using either method. 7:51:22 PM Commissioner Hallman said he just wanted to make sure they got the right people, noting the most comfortable may not be the best choice. He said he wanted to make sure they made the right decision, and looked to Ms. Hauth to help them do that since she had the most experience. Ms. Hauth stated she had attended training in Providence to learn how to rewrite a Zoning Ordinance, and staff from Clarion had taught that class. She said their presentation was incredibly persuasive in terms of the breath of their experience, and they had gotten the process down to being very systematic and formulaic in terms of the way you looked at the process. Ms. Hauth stated she was very comfortable that Clarion's skill set would put Hillsborough at the top. She said if the National Planning Organization believed that Clarion was the right group to put on that presentation at a national conference that earned certified planners continuing education credits, then that was a strong endorsement from awell-respected national organization. 7:52:35 PM Commissioner Gering stated one of the pros of widening the search was to bring in new perspectives and expertise. He wondered if part of that process they could strongly recommend that it include gathering knowledge and experience from a broader net than Clarion might have. Ms. Hauth suggested they could ask Clarion to provide resumes of the staff that would be assigned to work on this project, so that the Town could see their history and their breath of experience. 7:53:38 PM Mayor Stevens said he believed he was hearing from the Board was that they wanted assurances that the Town wauld get top level expertise, and were comfortable with using Clarion as long as the Boazd had those assurances. Febn~ary 11, 2008 Regular Meeting Approved: March 10, 2008 Page 8 of 31 7:54:02 PM Commissioner Lowen said once the firm chosen took on the work, would the Board get a statement of work; that is, the process to be used and how long they expected it would take to complete the project. Ms. Hauth said yes, that one of the first steps would be a diagnosis of the situation, and she would be relying on that firm to set out a schedule and a calendar and to advise the Town on what was the best process to get the best. result. Ms. Hauth asked the Board if they wanted to see the Scope of Work that she asked the firm to respond to, or did they just want tot see the response to that request. 7:55:49 PM Mr. Peterson asked how long that Scope of Work would be. Ms. Hauth said just a few pages. Mr. Peterson suggested emailing it to the Board just to keep them apprised. Ms. Hauth agreed to do so. E. Discussion of traffic issues related to the staged opening of the Gateway Center and Orange County Office Complex 7:56:18 PM Ms. Hauth stated the Gateway Center was nearing completion, noting Orange County intended to open its offices on the 2 and 3`~ floors on March 19; that by mid-April the traffic signal should be installed for Churton Street and Nash and Kollock Streets; that by the end of April they estimated the opening of Weaver Street Market; and, by late 2008 the Orange County office building and Library would open. 7:57:39 PM Commissioner Hallman asked if late 2008 was also the projected date for the parking deck. Ms. Hauth said no, that the parking deck was very near ready to open now, and that was the question that needed to be addressed. She said the Gateway Center was approved to open without the requirement for a traffic signal; after that tune the request came forward for the office building, the parking deck, and the library, and at that point the signal became a requirement. Ms. Hauth said the question then became when exactly must the signal be installed. Ms. Hauth said on Wednesday the Board of Adjustment would discuss the timing issue and exactly where in the opening of those three structures did they feel the signal needed to fall. She said there was certainly an economic component to the owner to have the parking deck opened and available for the public to use and to pay for parking, to help recoup his expenses for the project. Ms. Hauth said the owner had committed to having either security or off-duty police personnel at the intersection to direct traffic to the extent necessary in that month or so until the traffic signal was installed. She said she had wanted to offer this update to the Board and allow them the opportunity to offer any suggestions or commentary to the Board of Adjustment. 8:00:06 PM Commissioner Hallman said he had heard at the DOT meeting that one of the reasons for the delay in installing the traffic signal was because they were using the anodized pole, which required a longer lead time. Ms. Hauth said both the time to manufacture that pole and all the work necessary to work out the preliminary agreement had contributed to that delay. 8:00:47 PM Mayor Stevens said he would like to proceed with getting that signal installed as quickly as possible. Ms. Hauth stated the owner, George Horton, had a staff person assigned to making sure that the traffic signal got through the manufacturer's process as quickly as possible. 0 Febniary 11, 2008 Regular Meeting Approved: March 10, 2008 Page 9 of 31 8:01:07 PM Commissioner Gering said it sounded as if Mr. Horton was planning to deal with the traffic situation before the signal was installed. He wondered. if they could get an agreement such that if that did not work out, that the Town could cause the parking deck to be closed until the signal was installed. Ms. Hauth said Mr. Horton had already made that offer. Commissioner Gering said then it appeared the Town had nothing to lose. 8:01:58 PM Mr. Honnik asked if the parking deck would require a Certificate of Occupancy (CO). Ms. Hauth responded yes. Mr. Honaik said one of the things the Board could do would be to issue a temporary or conditional CO for the parking deck, the condition being that the signal had to be installed or sufficient traffic control had to be provided; otherwise, the CO would be suspended. Mayor Stevens said since the Board had to power to do that, he believed that was a good solution. There was general agreement from the Board. Mr. Hornik noted it would provide the owner more incentive to make the situation work during that interim. 8:03:01 PM Commissioner Lloyd asked if people who were not County employees would be chazged a fee to pazk in the deck. Ms. Hauth replied yes. Commissioner Lloyd asked what would happen if the County employees did not park there but continued to use the Town's parking. Ms. Hauth said that considering that the spaces in the deck would be the most convenient and reserved for the County employees' use, she did not see why they would want to pazk anywhere else. 8:04:09 PM Commissioner Hallman said he believed he had heard Orange County Commissioner Jacobs stale they were working on staggering the start times for County employees to help relieve congestion during peak hours. Commissioner Lowers said it would also be helpful to limit the number of cars that could pazk in the deck until the traffic signal was installed. Ms. Hauth said that might be problematic. 8:05:22 PM Chief Birkhead said the County would open its offices on March 19~' regazdless, and if traffic became an issue was it being suggested that the parking deck be closed until the light was installed. And if so, he said, where would they park. Ms. Hauth responded they could park in the surface lot beside the Gateway Center, which would not really be needed until Weaver Street Market opened in late April. She said the applicant was requesting to open the deck as soon as it was available for pay parking to the general pazking so he could begin recouping his expenses. 8:06:35 PM Mayor Stevens stated there would be some incentive to keep the deck open, and it had been discussed at the Boazd's retreat that they would like to cooperate with the Gateway Center owner and the County. He said it would be important to educate the public about new traffic patterns and the like. Ms. Hauth stated the County would partner with the Town in whatever method they chose to do that. Febnrary 11, 2008 Regular Meeting Approved: March ] 0, 2008 Page 10 of 31 8:07:21 PM Mr. Peterson said the Town had gotten multiple complaints from citizens, and after the Board of Adjustment meeting they would begin issuing press releases to update people on what was going on in the area. He said people would be more patient if they knew what the delays might be and how long they would last. 8:08:28 PM Leon Lea, owner of Riverside Restaurant, said he had concerns regarding the Gateway Center. He said he believed there had been a past agreement to do a study regarding the orientation of the Gateway Center; including closing off a street or opening a road. Mr. Leo said the contractor and the Town had agreed to do a study to look into the feasibility of opening the street east or south of the bridge and bring it down to the Gateway Center. He said he wanted to know what had happened to that study. Ms. Hauth stated such a study had not been done; the Board at that time had agreed to it but funds had not been provided to do so. 8:10:25 PM Mr. Peterson stated the concept of extending Highway 70 had been discussed, but ultimately when the site plan was approved for the parking there was no requirement that that be done. So, he said, if the Board wanted to do a feasibility study of bringing Highway 70 through to Exchange Club Road, then that would be a policy decision. Mr. Lea stated he had a verbal agreement from the contractor building Gold Park to make a dirt road to come down, adding it would not cost the Town unless they required that it be paved. He asked the Board to look into having that contractor build that road at no cost to the Town. 8:11:54 PM Mayor Stevens stated he did not believe they had formally hired a contractor for Gold Park as yet, but agreed there could be some low cost ways of putting in such a road. Mr. Lea said it would help to relieve some traffic in the area. 8:13:05 PM Mr. Peterson said if the Board was interested in exploring the feasibility of this, staff could look at what steps they would need to take as well as an estimated cost, and report back at next month's meeting. 8:13:37 PM Commissioner Hallman said he liked that idea, but noted they may want to incorporate that into talking with Orange County Commissioner Jacobs as an alternative plan to address Churton Street traffic which involved the Mayo Street connection. Mr. Peterson said they would also need to talk with DOT and get their direction. 8:14:12 PM Commissioner Hallman stated they had talked about that at the County's quarterly lunch meeting with DOT; that is, to look at some alternatives. He said funding was an issue. Mr. Peterson said it would help if they could explore it in the short-term, noting it would make a difference if it were a $30,000 project or a $300,000 project. 8:14:40 PM Commissioner Hallman said if they could look at the whole thing and have an overall plan, they could then cut it into pieces if necessary. ,,, February 11, 2008 Regular Meeting Approved: Mare 10, 2008 Page 11 of 31 Mayor Stevens said this would likely require some kind of traffic study, since it would take some analysis to determine how to proceed. 8:15:21 PM Commissioner Lowers said he believed most of the current members were on the Board when that study was discussed, but did not believe they had given staff cleaz direction to actually do the study. He said he would like to see stag determine what kind of study could be done and what the cost might be. Commissioner Lowers said his only concern was that if Exchange Club Road were to be opened up, there was aone-lane bridge under the railroad trestle. He said if you dumped more traffic onto Exchange Club it may be problematic, and it needed to be looked at in a broader scope. Mr. Peterson said he and the staff would talk with DOT and put together a plan, and then bring that back to the Boazd. 8:17:23 PM Commissioner Lowers said DOT could potentially not allow that, since it was a State Road. Mr. Peterson said that was a possibility, but it may also be eligible for funding from DOT. 8:18:20 PM Jim Parsley said he was one of the residents affected by the new traffic pattern. He said most of the comments had been about people working and pazking at the Gateway Center, and he wanted the Boazd to keep in mind the nearby residents who had to go through the Gateway Center to get into Town. He said he had come that way to get to this meeting, and would have to return home the same way. Mr. Parsley said the effects the Board looked at should include the affected residents, noting there were more people involved that just the employees at the Gateway Center. F. Discuss potential enactment schedule for Stage 2 Mandatory Water Restrictions 8:19:38 PM Town Engineer/Utilities Director Kenny Keel said he wanted to bring this information to the Boazd so they could begin thinking about the potential need to implement the Stage 2 mandatory water restrictions eazly. He said they should not reach that mandatory threshold for a couple of months or so, but wanted the Board to be aware of the current status. Mr. Peterson asked if Mr. Keel recalled what percentage of full the Town's water reserve was at this time last year. Mr. Keel said they were at 100% last February. 8:22:10 PM Commissioner Gering said he would like to know if the water situation could be put in quantitative terms when they considered additional restrictions, for instance, there was an 80% probability that they would run out of water by the end of 2008. Mr. Keel said they could do that, but he did not have the ability to put it in those terms. He said that OWASA had a matrix that would give them that kind of information, and he would speak to them about that. Commissioner Gering laid he would find that kind for information comforting. He said they were good stewards of their water, but at the same time they were in an extraordinary situation, and they needed to be able to assess the risk they were facing. February 11, 2008 Regular Meeting Approved: March 10, 2008 Page l2 of 31 8:23:36 PM Commissioner Hallman said no one had anticipated that things would get this bad, and if they wanted to change the mandatory threshold to 150 days, what would they be required to do and how fast could they do it. Mr. Keel said he would not recommend changing the Code at this time, noting the Code gave them enough flexibility that they could be more aggressive that the Code called for. He said that flexible language was put in there because there was a big difference in being in a drought in October than being in a drought in May. Commissioner Hallman said his concern was that they give themselves enough time to make the changes necessary. He said his big feaz was that the State may step in and compel towns such as Hillsborough to shaze its water with nearby towns that had not been as good a stewazd of their water resources. 8:26:38 PM Mayor Stevens asked to what degree had the Water and Sewer Advisory Committee looked at or advised on this issue. Commissioner Hallman stated that Water and Sewer Advisory Board had requested a joint meeting with this Boazd at the March workshop and that would be a good topic to address. 8:27:11 PM Commissioner Lloyd said if things appeared to become worse, did the Board feel free to call a special meeting if necessary. She said if the Town experienced a large fire, it could use a quantity of water. Mr. Keel said if something occurred that caused him to feel that some action needed to be taken before the next Board meeting, he would contact the Town Manager. Commissioner Lloyd asked if someone could tell from their bill how much water they were saving. She said if a person was trying to save water, it would be encouraging for them to know if it was working. Finance Director Greg Siler stated water bills did show the previous month's reading and current month's reading, as well as the usage within that cycle. 8:30:29 PM Mr. Peterson stated he had attended a Manager's meeting recently where several points were made, one of which was that they were now rewriting what the average was for rainfall since this year had been so dry. He said that as Mr. Keel had said, May through October typically were the dryer months, so when the Water and Sewer Advisory Boazd met in March that should definitely be discussed. Mr. Peterson said an important decision to make would be when to make restrictions tighter. He said that people were conserving, and even if the Board took some drastic action now there likely would not be much change in water usage. Mr. Peterson said they did not flush hydrants in the fall which was supposed to be done twice a yeaz in order to maximize their fire insurance rating points. He said Orange Rural and the Town would have their fire rating redone this April for the first time in 12 or more years, and this was critical because it would affect everyone's homeowner's insurance razes and business insurance rates. Mr. Peterson said his direction to Mr. Keel and his staff was that because it had not been done in the fall, those hydrants needed to be flushed. He said if would take about 3 million gallons of water which was a 2 to 3 day supply, but it could not be helped. Mr. Peterson said they could not go a year and a half without exercising and running those hydrants, as well as taking a possible hit on the fire insurance rating. He said he was sure some people would be upset, but even more would be upset if there was a fire but no flowing hydrant to put it out. ,~ February 11, 2008 Regular Meeting Approved: March 10, 2008 Page 13 of 31 Mr. Peterson said the next time they had the chance to update the water capacity study they may want to move up the timing of Phase 2. He said that could be discussed during the budget and financial planning process. 8:34:40 PM Commissioner Lowers asked was there any way to capture the water flushed from the hydrants. He said the Sportsplex used millions of gallons of water to fill its pool, and asked could that water be transferred to a tanker and taken to the Sportsplex. Commissioner Lowers said it was ludicrous to have to watch millions of gallons of water being flushed into the street, and they needed to find creative ways to capture that water for reuse. 8:35:25 PM Mr. Peterson said much of the test was a pressure test which required that the water flow for a certain length of time. He asked was there a way to capture the water that would not impede that pressure test. Mr. Keel said in a typical yeaz they would flow about 3 million gallons of water through those hydrants during the flushing. He said their largest tanker held about 6,000 gallons, so it would require an incredible amount of manpower and time to hook up each hydrant to the tanker and drive the tanker somewhere such as the reservoir to be dischazged. Mr. Keel said it could be done, but was likely not feasible to do it for the entire amount. Commissioner Lowers said he hated to see that amount of water go to waste. 8:36:35 PM Commissioner Hallman said to put it in perspective, their daily average loss was 150,000 gallons per day, which was about a 15% loss. He said if they wanted to put effort into something, it should be put towards reducing that average daily loss. Mr. Keel remarked it would take a full month to flush the system. Mr. Peterson said they would flush the hydrants for the absolute minimum amount of time to save as much water as possible. 8:37:35 PM Mayor Stevens said perhaps they could ask the Water and Sewer Advisory Board for ideas on how to avoid wasting water. Mr. Keel said they could possibly cut the amount of water used to flush the system in half. He said generally they would run each hydrant for 10 to 15 minutes, which was best for the overall health of the system, but it was not absolutely necessary. 8:38:48 PM Mayor Stevens asked Mr. Keel and Mr. Peterson to do what they could. G. Discuss possible "Hot Topics" for the February 25`~ Workshop 8:39:26 PM Commissioner Lowers asked if they were looking to change the "Hat Topics," noting he thought the list already identified was appropriate. He suggested moving forwazd with those items and not to add anything else. ,~ February 11, 2008 Regular Meeting Approved: March 10, 2008 Page 14 of 31 8:39:55 PM Commissioner Gering said he wanted to add to the Hot Topics the item added to the closed session regazding an economic development alternative. There was no objection from the Boazd. H. Discuss the Upcoming State of the Town Address 8:40:16 PM Mayor Stevens said the State of the Town Address would be one week from tonight at 7:00 p.m., with the doors opening at 6:30 p.m. He said each Commissioner would have a few minutes to make any statements they Gazed to make, using a similaz format to last yeaz. I. Discuss Topics and Matters Related to the Joint Meeting with the County Commissioners 8:41:30 PM Mayor Stevens said one thing in particulaz he would have some interest in was when the County offices were moving, noting that he understood that Social Services was moving to Chapel Hill. He also mentioned the County offices on Churton Street and what uses might be made of the Little building. Mayor Stevens said he was of the opinion that in principle he would like to see County offices stay in the Hillsborough area and contribute, and would like to find some way to keep some offices in Town. 8:42:56 PM Commissioner Lloyd said if the old Wal-Mart building was not going to be used, would the County at least keep those businesses that were left. She mentioned several break-ins that had occurred that she believed had been solved. Chief Birkhead indicated they had resolved those issues. 8:43:29 PM Mayor Stevens stated they valued keeping their commercial spaces, and would like to bring possible uses to the table for vacant spaces. He said there was a potential for joint meeting space between the Town and the County, and in general they would like to see their campuses be somewhere in Hillsborough. Mayor Stevens said he wanted to affirm that those were the types of things this Board was interested in. 8:44:34 PM Commissioner Gering said one thing he would like to be sure to bring up was a location for The Heritage Center. Mr. Peterson said that was one of the items they had included, which was the County's future plans for offices, specifically by The Heritage Center. 8:45:23 PM Commissioner Gering said the County for some time now had promised to make some public use of what had been a maintenance building, and he would like to know how that would be used to bring something back to that neighborhood that had suffered for so long. 8:46:02 PM Mayor Stevens said there seemed to be a lot of movement about how those things would be addressed, and now was a good time to bring that topic up. 1A February 11, 2008 Regular Meeting Approved: March 10, 2008 Page 15 of 31 10. Closed Session 8:46:30 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to enter into Closed Session by a vote of 5-0. The motion was declared passed. 11. ADJOURN Upon returning to Open Session and upon a motion by Commissioner Lloyd, seconded by Commissioner Hallman, the Board moved to adjourn the meeting by a vote of 5-0. The motion was declared passed. The meeting was adjourned at 9:15 p.m. ~,. ~%,i .ti,~ Respectfully submitted, Donna F. Armbrister, MMC Town Clerk is February 11, 2008 Regular Meiling Appowed: March 10, 2008 ~ 16 of31 oRc~a~~~a.i~--~.a AN ORDINANCE AMENDING CHAPTER 14, APPENDIX F. TECHNICAL SPECIFICATIONS FOR WATER & SEWER SYSTEMS THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Chapter 14, Aptx:ndix F Technical Specifications far Water & Sewer S sy terns is hereby amended as follows: (1) Delete the words with strikethrough marks and add the words in underlined italics to the existing Appendix F as follows: "TOWN OF HILLSBOROUGH TECHNICAL SPECIFICATIONS for WATER d~ SEWER SYSTEMS WMITER; Pilpirtg shall be Ductile Iron Pipe {DIP) Pressure Class 350 cement mortar kr-ed interiorlaspheltic coated earteria, or Class K Copper (less than 3"). Bedding shall be as recommended by ttte manufacturer. Fittings shraN tae mechanical joint for all buried pipe. Pipe shah have a burial depth of 36" minimum. Hgrdrants shall be 5'l: ,dry-barrel, AWWA G502, as manufactured by Claw (tiAedaNion), ~ AVK (Serial 27 Niostalgic). Alternate manufacturers and models are not acceptable without pre-approval by the Town Eingineef. Hydrant flange shah tae installed between 2° and 6' above surrournfing final grade (after landscaping),, ay^~hy~„nts ~iraM be in ~ w~h ft minimum 12° clearance beMreen the wine of the hydrant a+od the sidewalk. Specir~ shah be 500 to 700 feet between hydrants. ResrNertt wedge gate valves etaaN be required on the main Nne and hydrant leg at aN hydreMS. Hydrant ~ shaN tae restrained joint and rodded frwrrr the mah~ through the vahre and to the hydrant. Fire ~ GonnacUora {FDG) shah be mourrted between 24' and 38" above surrounding grade. Pmate hrd-ants shah tae painted Safety Yefkaw. and shat! Resilient wedge gate valves (AW WA C509) shah tae used on water lutes in buried service. Two vaMes shah tae instaNed at aN tees, and three valves at aN creases. Vatves stt~ tae instaled every 1000 fast on weer knee witltaat hydrants (<B' mains). AMJ castinsrs shah tae made-in-t/SA c:on/onning to ASTM A48 Class 35$ AreY twat err A. Hydro-Guard i~G'f HG-S-Air. Comp automatic flushing device with ~ ~S• COM Themrel Control Upgrade and 1 ° meter prior to unit shah tae inetaNed or provided bo the Town for every 2,500 feet of water line inataNed for a!I new water tine extension projects. Ail uiNties (electric, phone, gas, cable TV, etc.) shall be installed a minimum ~ 3 feet horizontatty fiorrt ak Town waterlines (existing and proposed}. Where other utilities are inataNed dower or cross weber Nees. they shall tae installed m rigid rxarrKiuit. Electrical transhxmers nil water metsva a~ not be (Q!~(gllg(1 the aarme eroperty line. A Reduced Ptel~sure {RP) badcflow prevention assembly (AWWA G511) is r~squirod immediately afbar the raiebar in an aboveground ASSE 1080 compliartt ettciosttre for aN commercial. ir>c~strial, insOhitional, or in~igatirxt servicxai where a severs hazard exists (sa defxtsd 'n NCAG 15A-1liC Appendix B}. A double check vsrFrre arssembly (DCVA) (AWWA G510} shah tae installed imrrtsdiatellr after the rrtaber in an above-grEaund ASSE 1x60 oompNant rsndosure for aN c;omrnercial/induatriaUmstitutionaUirrigation services not requiring an RP (unNree roqut is waived on a came-by-c~e !). A dual dredr vahre shah be irr~eNed on N~ serves at the meter yoke. RP and DGVA assem~ies shah be approved by USC-FCCCHR and ASSE, sttaN tae tested by a c•,erfified tester after ins~latror-, and beat resta8a stteN be provided No ttte Town. Dual check vahree shah tae ASSE approved. RP assembkes awl have a rrar~rtrart of 12' cbarartiee on ~ sides. OVA shah have adequate c-~rence for testing. A Detector aasamtaly shah be provided for aN ftre t ~c February 11,21108 Regular Mating Approvod: March 10, 2008 Page 17 of 31 services {RP-D or DCDA depersdirg on hazard lever}. An RP-D ~ requiredrf a Fire Departiment Connection ~ instated on the fire service. The detaCtormetershalf be txsrrrr-atf!>le with the Town'sradio--ead system. orbs purchased rf0aar"t1r from the Town. Fire service strainers shaA be u>shalled ce liras services error m the badctbw preventer. All flushing and other use of water from the Town system shall be coordinated with the Taws Engineer or Utility Inspector. Gontractw shah pay for all water used. All ureter piping shall be pressure tasted in accordance with AWWA C1300 th 200 psi fora 2 hour period. Alk>wdbie leakage from the main is determined by the following formula: ~=(S`p'p1~N133200 L=Albvvable leakage (gallons per hour), S=Length of pipe tested (feet) D=Nominal diameter of pipe (inches), P=Average test pressure (peg). After successful pressure besting, aN water piping shall tx3 sterilized by chkxination ~ acxordar~ vvitii NCDENR and AWVYA 0651 requirements. Super-ahbrinated water stroll be dechkxinabe ~ ~ 42 frorrst the water lines and metered. The line shall produce two consecutive negative sampfss hours after flushing of super-chkxinated water, and at feast 24 trours apart, and testied by a NC certified weber Iaboratrxy. ff any samples fait, the steril¢ation procedure shall be reputed urrtti satisfactory results are otrtained. Copies of all testing results shall be submitted to the Town Engineer. Meters shah be ScMumberger Neptune T-10 (<2') or TndFb Compound (2' and larger) wchAuto-DaiectARB and R-900 MIU (radio read). All meters shaA be purchased directly from the Town. Plangent txorrze strainers shat be installed imrned+ before x112° and larger meters vvfth appropriately s¢ed sparxir fnatsAed between the strainer and meter (to sued meter inaccxrracies). All residential aiz+s rtrebet box tide shah be cast iron with pre-drilled 2' hole for Pro-Road d+slc ~ .Hatches for large meter boxes shah also be drilled with 2' hole adjacent bo hinge area. Residential size ureter boxes {3J4" and 1"} ahaN be sta3aKlard rectangular b18~ck plasnc~ boxes, 18' dew, with tiered bottom. Boxes for 1' meters shy tx3 a minimrxn of 22'x35" ~ the tress. Large (> 1 •} mater boxealvaults atwll be pre-cast cancrebe, witt- death pipe at tare boom of the vault b dwryrlght (and shown on the plans}, unless approved r>tftem~iae. All piping (' 1 `)through vaula shat! be ductile iron or copper ~corrwression roinishittinosl. Ali water meberr locatbrrs shad be c~oMinated with the Meter Reader Supervisor. Mertens sttal! be grouped in pairs at adjairring property tares, unless approved otherwise. Alt water metws afteN be located ~ the property line adjoining tia!e put>tic road right-of-way {unless apprrnred otlt'ervvise), and strati be na dseiper than t8" t~o~w grade for residential side meters. Water services shah be Class K copper or Class 350 DIP. AA service connections stwN be txrdcfdled Pr'oPatY ', under the wrpor~ion shop to Prevent undue stress on the c~rrr-ection. ', Teranporary faucx~s installed for rxmatruction shall tx3 a minimum of 10 fast from the meter box. Temporary faucets sh~l be removed before occupation of the stnrcture. Additional constnrction and material requirements are strovm ar the Town detail sheets available from the Town Engineer. SE~tfER: Gravity Sewer piping at,alt be Ductile Iran Pipe (DIP) Pressure Class 350 epwry tined anterior/ asphaltic cos0ed exterior, a SDR 35 PVC. Sewer force main piping shall be DIP Chas 350 ~aour tared kNerioNsadtaMic coated exterior, with combination air 8 vacuum valves at aU high pants. Piping deeper than 16 feet shall be DiP for the entire length between manholes, with 5 foot diameter manholes required. Manholes 20 feet deep or deeper ahaN be 8 foe di+emeber, and are approved on a case-by-case b~is. Pike bedding str~i be as recx~mmended by the manufacturer, with crushed stone txa~irrg required for PMC pipe. Mantwies shah be prercaat conp+ebe with cast-in-place ar precast inverts, lAanhole rope shah be a minimum of 18' above grade in unpaved areas not adjacent to public roads (grade rings not Mowed in unpaved area). No more than 1 Z" of concrete grade rings will be Mowed from the flop of the cone th the txutom of the manhole ring (including 2' diameter sections resat Into the manhole serxions atx~ve the rxxse). Conseal CS-212 Polyoiefin backed exterior joint wrap or approved equal shag be used on all ~~ February 11,2008 Regular Mating Apptove~ March 10, 2008 ~ 18of31 manhole joints, including grade rings. Cored holes with rubber boots shall be required for manholes and pump statists where pipes are inserted. AH castirros shall be made-in-USA rxxrforntirra to ASTM A48 Gass 358 arav cast list. Sewer services for new construction shall be installed with an in-line wye fitting- Saddles are not acceptable for near cx~rrstruction. Services Uo be tapped into.existing iron sewer mains shall use Romac C84 or Seaitite 4E8 saddles, a SDR35 saddle wye with gasketed skirt for existing PVC mains, apre-approved squat, and shalt have precision-cut entries ink the sewer main that match the sadd~ used (no sharp or protitrd+ng edges). Services shall be constructed with SDR-35 PVC or DIP. Services shall have dwttotrts installed ~ ail changes in direct. A pre-cast concrete ring or 2' x 2' cast in plane concrete pad shah be instaled around aU cleanouts at the properly line and within the road right-of-way or sewer easement. Celeste shah be I~+rel with finished grade, and top of cleanout 2' above the concrete. All new manholes shah rte vacuum tested (ASTM C1244) to 10.8° H9 (5.2 psi) to the top of the cast iron manhole frame, and the minimum amount of elapsed time for the vacuum to drop 1" (0.5 psi) of mensrry shah be as follows: Manhole Depth (4 ft Die.) Min. Elapsed Time for a Pressure Loss of 1' Hg 10 ft a less 80 seconds >10 ft but <15 ft 75 seconds >15 ft 90 seconds For 5 ft diameter manholes, add 15 seconds. For B ft diameter manholes, add 30 seconds. AN gravity sewer mains shall be air tested {AW WA C828) after services are irr~Ned, and face m shy be pressure tested to 50 psi above maximum system pressure {AW WA C800). Allowable leakage shah be as determined by the tamale listed previously in the water Piping pressure testing requirements. A mandrel {92.596 of tress ID) Shah be pulled through aN PVC gravity mains to test for urtaoceptable de4lecttion. All gravity sewer mains and services (to the customer Geanout) shalt be TV inspected in the presence of Town personnel after eiI other utN+das have beery installed and DVD disks of the inspection shall be provided to the Town prior to acceptance. Copies of aN testing results shall be submitted to the Town Engineer. Additional constnrCtiat and malarial requirements are shown on the Town detail sheets available from ttte Town Engineer. ', PU ATIONS: Sewage pump stations shah be duplex submersible or suction-lift style. unless approved otherwise. Motors shall be minimum of 5 hp, and must be 3 phase, 480V, ~ Hz, 1800 rpm maximum. Ptrrnps shalt penon-clog centrifugal pumps, unless approved r~therwise. Grinder pumps shall only t're approved when cxxtditions preclude other selecbons. Pumps shah be as manufactured by ABS, Fairbanks Morse, Flygt, orpre-approved equal. Pump station wet wails Shah be round pre-cast c;orraebe, 8 feet diameter minimum. Top shah be pre- ', cast oorxxate, wghcast-in hatch. A 1,000 gaNon odor osrtrol chamir~l tar-k end dtemk~l teed metering pump {adjustable and sized for mancrfacxurer's recommended appNcatiort rate}, piped to a point just bektw the wet weN hatch, shall also be provided, and Shah be fdfed with tiiieredar"' 'Odor Kfean Z,~ odor txxarol corrroaurrd jgakaum nitrate tetrah-ndratel prior' to operation. Pump station electrical panels shah be NEMA 4X, UL listed, with alarm har~ttt with SiienoB switch. Pump attemattor $~ Swibcir, Pump nm-tone hoar meters, contacts for RTUtSCADA, Phase monitor, arrd run Nghts. Five le+nal control floats shall ba provided tar krw level alamt, PumR ~. lead f~mP ~. ia9 Pump on, and high Iet-el alarm. AN electrical panels shat) be mounted to an aluminum a 0.4 pressure treated krrnber backboard with 4' diarnelBr akrrtrirrum or 8'x8" 0.4 PTL posts. wtth aluminum rein ever extending ~' lien backboard over paeek. A 4 toot dual fluorescent tuba light with swftch shall be mounted under rain cover. Resr7ient wedge gate vafvas shah be installed on the inflrx~rrt piping and force main piping. Foroe moot gate and cttecfc valves shah be in a separate vawtt next to the wet well. Gate valves shah be inst~led on each pump Nne and on the force main, ar-d check valves on each pump tine. A lee (with ttre leg facing uP), t~ vahre, and 4uick-carnect fitting shah be installal wr the d side of one r~tsck vahre ~ a "PumD~around" c~nnetttion inside the valve vault. An equal size bNnd flange shah also be provided for meattsrranrce proposes. 3 ~o February 11, 2008 Regular Mertiag Approved: March l0, 20~ Page 19 of 31 AH guide rails, fasteners, and miscellaneous metal inside the wet well shall be sunless steel, Arx~ss ladders shall be aluminum rx stainless steel. Piping inside the wet well shah be flanged dude iron ~ staiMess steel. wet well vent shall be flanged ductile iron pipe with a screened outside end. A yard hydrant and water meter catnected to potable water shah be installed at the pomp station site, unMess approved otiterwise. Access hatches shall be hinged and Iockat>le, with stainless steet or aluminum frame, and Y,' thick aluminum diamond plate door(s). AH hardware and hinges shall tie stainless steel. One spare Pump and motor shalt be provided, that is ~entical to the pumps installed in the station. A!! new pump stations shall have permanent on-site sta»dby power with auk transfer awritch and Mission M1300 RTU belen-etry equipment installed with the fast year of service pre-paid. Gerwra6Dr shall operate on natural gas, or diesel lust only if natural gas is unavailable to the site. Generator aherH be seed tp operda both pampa srcnu~ and start the tag pump while the lead ~ operating. A 110V GFCI power outfit shall be installed in the electrical panel. Pump station sites shall be at least 50 feet square, have 4" depth (minimum) of ABC aborts entire site underlain with geotetdHe fabric (to prevent weed growth). and include perirrtater black piaetie}coatad e~tatn fink fersing (6 feet high, bopped with 3 strands of barbed wires, and 16 fob wide douttle leaf gabs). and dusk-bo- dawn tom' h~rtt~_rQ sodium vapor arm light with independent circuit breaker (or switch) in n~ electric~I pang. Altelrr#Ibe testGn9 mabsrials may be required based on individual site oorsdi6ons. Padbdca alteH be provided for the gate, electrical panels, and access hatoh(es} and shall be keyed th the Town's system. Additional cortatrudion anti material requiren~r-ts are shown on the Town detail shoats svai~bfe from tt-e Town Engineer. F.ASEYEWTS: Easements shall be a mk-imum of 20 feet wide for a single utHity pipekrte, and a minanum of 30 lest wide for pipes deeper than 16 feet. For multiple Hnes, easement shall provide a minimum of 10 feet t:tearanoe on either side of each pipe. GEN : Prior b any blasting operations, the tractor shall notify the Town Engineer and the Hillsborough Fire Marshal lp otttain blasting permits as required. The contractor shall famish proof (certification) of insurance specifically covering any and all obligations assumed pursuant to the use of explosnres:" ', Section 2. All provisions of any Town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. ', The foregoing ordinance, having been submitted to a vote, received the following vote and ', was duly adopted this the l l day of February 2008. ~ ~~ Ayes: 5 /' ~/jty~~~1 ter"'" " Nces: 0~~~'" Absent ar Excused 0 Donna F. Armbrister Town Clerk ~n February 11, 2008 Regular Meeting Approved: March 10, 2008 Page 20 of 31 Revised 2!112008 CHECKLIST FOR APPROVAL AND ACCEPTANCE OF UTILITIES PROJECTS TOWN OF HILLSBOROUGH ENGINEERING DEPARTMENT A. pre-Construction Reouirements: I . Mcet with Town Engineer to informally discuss project to coordinate planned improvemems (project must also be coordinated with the Town Planning Director if within Town Limits ~ ET7). 2. A Water/Sewer Extension Contract will be required for alt water and/or sewer extensions [hat exceed 1,000 felt total combined length, and/or serve more than 5 units (eisidemial or oommereiai), and/or require a new sewage pump station. The contract shall be negotiated with the Taws Engineer to the extent possibte, arnj must be approved by the Town Board to allow the extension. 3. Submit 2 sets of plans and specifications (sealed by an NC Professional Engineer} to the Town Engineer that conform to the Town Specifications and Details (submit additional copies artd revisions as required). 4. Upon Tawn approval, submit permit applications, plans, and specifications (and other attachttlertts as required) to the applicable State of NC and Orange County agencies. 5. Obtain any necessary encroachment agreements or easements Far use of property net owned by the developer or project owner. b. Pay all water and sewer capital facilities fees for residential projects before consttt~tion of the utilities extension. begins. Capital facilities fees for non-residential projects (or portion of projects) shall be due prior to initiation of service. 7. Receive approval and authwrization to construct from all applicable agencies prior to start of construction. 8. For projects within the Town's planning jurisdiction which desire planning authorization to proceed before constructing required infrastructure, a performance bond equal to 125•!0 of an approved engineer's constvction cwt estimate shall be submitted with the Town as beneficiary before planning approval is granted. 9. Ensure that contractor(s) have current set ofTown-approved utility plans. ', B. construction Requirements: 10. At( ehanges to the approved plans and specifications must be approved in advance by the Town. Engineer. 1 1. Ail construction shall be performed by a contractor licensed to perform utilities work in North Carolina ', 12. Contractor shall be provided with the Town-approved catstntction plans and Town Specifications by the ', OwnedEngineer. 13. Ali construc4ion is subject to inspection by Town personnel to determine compliance with requirements. 14. The Professional Engineer of record shall have a representative ensile each day that work is perforated, or at a frequency that the engineer deems necessary to certify the project. TdNT ()F ft1Lt.SaOROL'GH Utilities Proje~~t Ched.list Page 1 Of 3 t."ngisetrintg f~pornuenr ~1A Febntary 11,2008 Regular Meeting Approved: March 10, 2008 Page 21 of31 Revised 211 !12008 { 5. W ester service bcations must be coordinated with the Town Meter Reader Supervisor prior to installation (Call 919-?32-2104 ext 0 to set up an gppoimmeM). All water meters to be located at property line adjoining public road right-of--way. shat l be no deeper than ! S" below grade, and shall be grouped in pails along adjoining property lutes. I6. Submit documentation on pressure tests, vacuum tests, air tests, backtlow preventer tats, and sterilization lab results to Town Engineer. C. Pose-C:onstntctinn Requirements: Before the Town will allow water to tlow to the project or permit use of the Town sewer system to serve the project, Developer shat) compleoe the following items: 17. Schedule and perform inspection of installed facilities with Town Engineer, contractor, and project engineer. 18. Complete corrections of punch list items found deficient during the initial inspection. Ifthe punch list is considered to be significant by the Town Engineer, a re-inspection may be required- 19. Submit to the Town Engineer a Schedule of Values for the utilities construction, which shows the total cost of utilities construction for the project. 20. Submit bond or letter of credit for 10°>0 of utilities construction cost (for I-year warranty period, frt»rt date of official acceptance or completion of afl construction, whichever occurs later}. 2l. Submit to the Town Engineer four (4) printed copies and one (I) electronic copy (AutoCAD 2008 or precious version} of the record drawings, together with: a} the contractor's affidavit that the drawings accurately represent the as-built improvements, and b} a Contractor's Affidavit and Release of Liens from all subcontractors and materialmen. Electronic record drawings shall include pipe material, size, fittings, valves, hydrants, blow-offs, services {to the property line/meter), and in addition for sewer: flow direction, manhole invert and top efevatiorts, pump station pump data. Layering shall use intuitive naming conventions. 22. Submh to the Town Engineer a certificate of compliance executed by Hte Professional Engineer of r'ef0[d indicating that work. has been performed in substantial compliance with the approved plans and specittcatiorta. 23. Submit to all applicable State of NC agencies letters stating final project completion, along with all required attachments (PE certifications, record drawings, etcJ. Submit to the Town Engineer copies of all letters to the State of NC. 24. Convey to the Town and record or cause to have recorded in the Orange Courtly Regi~ry all deeds of easement and plats showing all water andlor sewer easements requinttf to serve the project. Plate must be signed by the Town Planning Director. 25. Formally dedicate to the Town all utilities improvements constructed to serve the project. Upon completion of the above lister! items, the Town Board shall consider acceptance of the utilities into the Town system, and commence the 1-year warranty period. TOtli'ri ~' Hti.I SaOROtFGH Utilities Proju:l Chsdciist Page 2 of 3 Engrmee~org Dapmnnrnr ~-1 Febntary 11, 2008 ~ffi Mating Approt+ed: March 10, 2008 Page 22 of 31 Revised 2!11!2008 p. Fmd-of Warranty Reguirements:Schedule and perform end-of-warranty inspection of installed facilities with'fown Engineer, contractor, and protect engineer. 26. Complete corrections of punch list items found deficient during the end-of-wanrattty inspection. 27 Schedule and perform end-ot-warranty punch list inspection of installed facilities with Town Engineer, contractor, and project engineer. 28. Upon completion of aH outstanding items, to the satisfaction of the Town Engineer, the waranry bonNletter- of-credit will be released and the Town will assume tow! responsibility for ownership, operation, and maintenance of tfie constructed utilities. f. M_~r{tlgPhase Projects 29. For projects where cgninuing construction may damage accepted infrastructure, 25'/. of performance bond amount for the affect infrastructure will be retained during the warranty period rather than 10%- 30. The waranty period for infrastnrcture in multiple phase Fxojects will extend tmtil full project completion or until the affected infrastructure is no longer subject to damage. 31. At the discretion of the Town Board, bond amounts (either performance or warranty) may be released by type of infrastruchrre if the approved engineer's estimate is clear as to the dollar anwunt by type of improvement. For example, Subdivision X bonded the installation of water and sewer lines, stormwater ponds, streets, and a playground. The playground, utility lines, and ponds are ready for maintenance acceptance and warranty, but the roads are being held to the very end. If the engineer's estimate clearly separates the cast for the playground, lures, and ponds, that amount can be shifted to warranty without releasing the streets. e3of3 TOwVN OF HILI.3aOROttGH Utilities Project C'tkcklist 6~~+neermK (iep~twent 1n Febn>ary 11, ZoDB Yte~ular Meeting np: i~ la, Zoos Page 23 of 31 I'~c ES d vc ~. G.z . l ~ - ~f;t. l TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING SETTLEMENT OF ASPHALT PLANT LITIGATION- ROBINS AND HILLSBOROUGH -BITUMINOUS CONCRETE COMPANY, [NC. v. TOWN OF HILLSBOROUGH, ETC. The Town of Hillsborough has been involved in litigation with Doug Robins and Hillsborough Bituminous Concrete, Inc., arising out of the Town of Hillsborough Board of Adjustment's denial of a site plan application for construction of an asphalt plant in Hillsborough; WHEREAS, the Town of Hillsborough has engaged in settlement discussions with Doug Robins and Bituminous Concrete Company, Inc. toward the end of resolving the litigation via an out-of--court settlement; WHEREAS, the parties have reached an agreement concerning the terms of settlement of all claims related to the subject matter of the litigation; NOW. THEREFORF„ BE IT RESOLVED by the Town of Hillsborough Board of Commissioners, on motion of ~.FR~c ,t-/-~ /~jl~1~N ,seconded by F,~t~A/C ~ ,I~AAl~ _, this 11`h day of February, 2008, as follows: 1. 'The Town of Hillsborough Town Board hereby authorizes the Town Manager to execute a Settlement Agreement and Mutual Release of All Claims in the form substantially similar to form attached to this Resolution; and 2. The Board of Commissioners hereby authorizes the Town Manager and the Town Finance Director to take such steps as are necessary to pay to Doug Robins and Hillsborough Bituminous Concrete Company, Inc. the sum of One Hundred Seventy Thousand Dollars ($170,000) in full and complete satisfaction of any and all claims which Doug Robins andlor Hillsborough Bituminous Concrete Company, Inc. may have had, had or claimed to have against the Town of Hillsborough as more particularly set forth in the attached Settlement Agreement and Mutual Release ofAll Claims, 3. The Board of Commissioners hereby authorizes the Town Manager, the T"own Finance Director, and the Town Attorney to take such further action as may be necessary to effectuate the terms of the Settlement Agreement authorized by this Resolution. ~~ February 11, 20~ Regular Mooing Approved: Msrch 1Q2008 Page 24 of 31 The foregoing Resolution. was put to a vote of the "Town of Hillsborough Board oI' Commissioners, the result of which vote was as follows: Ayes: Noes: .~-- Absent or Excused: ~' /, /~ Donna F. Armbrister, Town Clerk •1A Febnuuy 11,2008 Regular Meeting Approvtd March 10, 2008 Page 25 of 31 SETTLEMENTACREEMENTAND MUTUAL RELEASE OFALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: For the sole consideration of ONE HUNDRED SEVENTY-FNE THOUSAND AND NO/100 DOLLARS ($175,000.00), receipt of which is hereby ackrnowledged, DOUG ROBINS and HILLSBOROUGH BITUMINOUS CONCRETE, INC., (hereinafter collectively referred to as "Plaintiffs"), do hereby and in good faith fully and unconditionally and for their heirs, administrators, successors and assigns release, acquit and forever discharge TOWN OF HILLSBOROUGH, NORTH CAROLINA, the TOWN OF HILLSBOROUGH BOARD OF ADJUSTMENT, AL HARTKOPF, ERIC OLNER, TOMMY SIKES, DAVID RElvIINGTON, BRADLEY CURELOP, and THE NORTH CAROLINA LEAGUE OF MUTTIGII'ALITIES, and THE INTERLOCAL RISK FINANCING FUND OF NORTH CAROLINA, (collectively referred to hereafter as "TOWN"), and their agents, servants, attorneys, administrators, parent and subsidiary companies, reinsurers, employees and independent contractors, successors and assigns, of and from any and all claims, actions, causes of action, demands, rights, judgments, damages, liens, costs, loss of services, expenses, compensation and controversies, which Plaintiffs now have or which may hereafter accrue on account of those matters which were the subject of either of two legal actions entitled "Doug Robins and Hillsborough Bituminous Concrete, Inc., v. Town of Hillsborough, North Carolina and the Tow» of Hillsborough Board of Adjustment, and At Hartkopf, Eric Olivet, Tommy Sikes, David Remington, and Bradley Curelop, in their official capacities as Members of the Town of Hillsborough Board of Adjustment," 1:07:CV-00881, United States District Court for the Middle District of North Carolina, and "Doug Robins and Hillsborough Bituminous Concrete, Inc., v. Tawn of Hillsborough, North Carolina and the Town of Hillsborough Board of Adjustment, and AI Hartkopf, Eric Oliver, Tommy Sikes, David Remington, and Bradley Cwelop, in their ojjlcial capacities as Members of the Town of Hillsborough Board of Adjustment," Civil Action No. 07-CVS-1513, North Carolina General Court of Justice, Superior Court Division, County of Orange (hereinafter "the Actions"), including but not limited to damages, emotional and mental distress, costs, expenses, attorneys fees, penalties, and liquidated damages arising out of the Actions, which Actions will both be dismissed pursuant to Notices of Voluntary Dismissal with Prejudice by the Plaintiffs attorney following the execution of this Release by all parties, for filing promptly thereafter. For the consideration of the mutual covenants set forth herein and ONE DOLLAR ($1.00}, the sufficiency and receipt of which is hereby acknowledged, the TOWN, thew agents, servants, attorneys, administrators, parent and subsidiary companies, reinsurers, employees and independent contractors, successors and assigns, do hereby and in good faith fully and unconditionally and release, acquit and forever discharge Plaintiff and then heirs, administrators, successors and assigns and of and from any and all claims, actions, causes of action, demands, rights, judgments, damages, liens, costs, loss of services, expenses, campensation and controversies, which TOWN now has or which may hereafter accrue on account of those matters which were the subject to either of the two Actions, including but not limited to damages, costs, expenses, attorneys fees, penalties, and liquidated damages arising out of the Actions. {0002iZ20.pOC;S} ~t t February 11, ZOOg Regular Meeting Approved March 10, 2008 Page 26 of3i )n addition, the Town covenants, warrants, and represents that Plaintiffs, their heirs, administrators, successors and assigns may use, enjoy, and develop their property located at 410 Valley Forge Road, Hillsborough, North Carolina ("the Property") consistent with the laws of the State of North Carolina, and the ordinances of the Town of Hillsborough not inconsistent therewith, as they are effective as of the date of this agreement, as they may be amended hereafter, and that any approvals, permits, or other required permissions for the use, enjoyment, and development of the Property shall not be limited, restricted, or denied because of the filing of either of the Actions or because of any of the events, occurrences, allegations, or facts stated therein. WI-LEREAS, it is further understood and agreed that the mutual covenants and payments to Plaintiff and to the Town under this Release are compromises of doubtful and disputed claims, and that the covenants and payments made are not to be construed as an admission of coverage or responsibility on the part of the parties hereby released, and further that the payment reflected in this release is a FULL AND COMPLETE SATISFACTION OF ALL CLAIMS under the policy, including those for emotional and mental distress, and ALL OTHER MATTERS RELEASED HEREIN. In this regard, the undersigned acknowledge that the Plaintiff Doug Robins has asserted claims far emotional and mental distress that Plaintiff Robins alleges to have suffered, including but not limited to the physical manifestation of the same through insomnia and anxiety, which claims have been denied by the Town and which claims are fully released by this agreement in consideration for the payment made by the Town hereunder. THE UNDERSIGNED hereby warrants and represents that the respective parties hereto have, either personally or through their attorney or attorneys, fully investigated, to their full satisfaction, all facts surrounding the various claims, controversies and disputes and is fully satisfied with the terms and effect of this Release. THE UNDERSIGNED further acknowledges that the respective parties hereto are not relying upon and have not relied upon any representation or statement made by any other parties, or their agents, employees, attorneys or servants, with respect to the matters released herein or with regard to their rights or asserted rights in connection therewith, including but not timited to any legal, equitable or tax consequences of the payment reflected herein. The UNDERSIGNED hereby assumes the risk of any mistake of fact or law with regard to the matters released herein or with regard to any of the facts now known or lmlmown to her relating thereto. This Release shall be construed and interpreted in accordance with the laws of the State of North Carolina. The persons signing this Release on behalf of the respective parties are expressly authorized to do so. THE UNDERSIGNED HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND IT. (signatures on next page} {00621220.DOC;S} ~c February 11,2001 Regular Moiling Approved: March Ig2008 Page 27 of 31 Signed, sealed and delivered this ______ day of , 2008. CAUTION: READ BEFORE SIGNING DOUG ROBINS, Individually and on behalf of HILLSBOROUGH BTI'tJNIINOUS CONCRETE, INC. 1 J Notary Public, do hereby certify that DOUG ROBINS personally appeared before me this day and acknowledged his execution of the foregoing Settlement Agreement and Mutual Release of All Claims for the purposes therein expressed. Witness my hand and notarial seal, this the ____ day of , 2008. NOTARY PUBLIC My commission expires: TOWN OF HILLSBOROUGH, NORTH CAROLINA, the TOWN OF HLLSBOROUGH BOARD OF ADJUSTMENT, AL HARTKOPF, ERIC OLNER, TOMMY SIKES, DAVID REMINGTON, BRADLEY CURELOP, in their official capacities as members of the Town of Hillsborough Board of Adjustment, By: Eric Peterson Town of Hillsborough Town Manager This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. By: Town Finance Duector ;oooztzzo.oocs) ~~ February 11, 2008 Itegulat Mating Appoved: March 10, 2008 28 of 31 FOR IMMEDIATE RELEASE Date: Feb. 11, 2007 Contact: Hillsborough Town Manager Eric Peterson, 732-1270 Ext. 80 or eric. Peterson@hillsboroughnc. org Hillsborough Mayor Tom Stevens, 732-2104 Ext. 233 or tom.stevens@hillsboroughnc.org ' Hillsborough to Settle Lawsuit over Proposed Asphalt Plant HILLSBOROUGH -The "Town of Hillsborough will pay $170,000 to settle a lawsuit brought by the developer of a proposed asphalt plant. The town's insurance provider, the N.C. League of Municipalities, will pay Doug Robins an additional $5,000. "While we don't like having to write a check for $170,000 to settle, we think it's a good investment to ensure that there will not be an asphalt plant in the center of Hillsborough," Town Manager Eric Peterson said. Under the agreement, the town and Robins are releasing each other from any future liabilities. In exchange for the settlement, Robins will drop any further court proceedings against the town. "The proposed asphalt plant was not in keeping with the vision citizens have for Hillsborough's future," Mayor Tom Stevens said. "We now have that issue settled once and for all; we can stop wasting time, energy and money and move on to more productive endeavors." Robins first took legal action against the town in November 2003, when he appealed the Hillsborough Town Board's decision to amend the town's zoning ordinance to specifically prohibit manufacturing and processing operations involving petroleum products from locating in the town's planning jurisdiction. Robins and Hillsborough Bituminous Concrete had filed an application in January 2003 with the Hillsborough Planning Department for a site plan review of a bituminous concrete plant to be built at 410 Valley Forge Road, off N.C. 86 between Interstate 85 and U.S. 70 Business. ', Legal proceedings were taken all the way up to the N.C. Supreme Court. In January 2007, the court ruled that Robins was entitled to a decision on the proposed asphalt plant ', by the Hillsborough Board of Adjustment under the ordinance in effect when he applied. The court did not offer any opinion as to what the outcome should be. ~o FebnaBy 11,2008 Regular Meeting Aplxvved: March 10~ 20(18 Page 29 of 31 In August 2007, the Board of Adjustment denied the application as being incomplete and not meeting the definition of "manutacturing and processing operation with no adverse impacts beyond the zoning district boundary." In October, Robins contacted the town to discuss the possibility of a settlement rather than further court proceedings. His attorney also filed necessary court paperwork to preserve his ability to appeal the Board of Adjustment's decision. "Mr. Robins has been very good to work with these last several months," the town manager said. "We appreciate his willingness to work out a settlement." Under the settlement agreement, Robins still may develop the nearly 5 acres on Valley Forge Road in any manner consistent with the current ordinance. `'Our issue has always been about placement of an asphalt plant in a sensitive area, nothing personal about Mr. Robins," the mayor said. "We respect Mr. Robins as a businessman and will welcome plans for development of his property in ways that are consistent with the vision for Hillsborough's growth." A timeline of the proposed asphalt plant's proceedings follows: Jan. 21, 2003: Doug Robins and Hillsborough Bituminous Concrete Inc. file a site plan review application with the Hillsborough Planning Department. February-April 2003: The Hillsborough Board of Adjustment conducts three public hearings on the site plan. The hearing is continued to April 30, 2003. April 22, 2003: The Hillsborough Town Board - following a public hearing and Planning Board recommendation - adopts a moratorium on the review of applications regarding manufacturing and processing operations involving petroleum products. Because the moratorium applies to applications in process, the continued hearing in front of the Board of Adjustment scheduled for Apri130, 2003, is canceled. Nov. 24, 2003: The Hillsborough Town Board - following an extension of the moratorium, a public hearing and the Planning Board's recommendation -amends the town's zoning ordinance to specifically prohibit manufacturing and processing operations involving petroleum products from locating in Hillsborough's planning jurisdiction. Robins appeals the decision in Superior Court. Oct. 28, 2004: Superior Court grants Hillsborough's motion for summary judgment in the town's favor. Robins appeals the decision to the N.C. Court of Appeals. Feb. 21, 2006: The N.C. Court of Appeals overturns the Superior Court ruling and remands the decision to Superior Court for decision. Hillsborough appeals to the N.C. Supreme Court. ~n Februffiy 11, 2008 Mating Appravc~ Mardi 10, 2008 Pa®e 30 of 31 Jana 26, 2007: The N.C. Supreme Court rules that Robins was entitled to a decision by the Board of Adjustment under the ordinance in effect when he applied. The court did not offer any opinion as to what the outcome should be. June-July 2007: The Hillsborough Board of Adjustment conducts two public hearings on the asphalt plant application, using the 2003 ordinance. Aug. 7, 2007: The Hillsborough Board of Adjustment convenes to hear final arguments by parties. The board denies the application as being incomplete and nat meeting the definition of "manufacturing and processing operation with no adverse impacts beyond the zoning district boundary." October 2007: The town is contacted to discuss the possibility of a settlement with Robins rather than further court proceedings. Oct. 15, 2007: Robins' attorney files necessary court paperwork to preserve his ability to appeal. ### ~n GENERAL FUND BUDGET AMENDMENTS FEBRUARY. 2008 2. Revenue 10-00-3900-3900-000 Fund Balance Appropriated Expenditure 10-60-6900-5350-931 Special Appro.-Asphalt Plant Settlement Febnpry 11, 2008 Maamg ~-P Mares 10 200E 31 of 31 BEFORE ADJ. AFTER $ 775.398 $ 170.000 $ 945.398 $ - $ 170.000 ,~ 170.000 To establish and fund Doug Robbins (Asphalt Plant) Lawsuit Settlement APPROVED: Dw~'~I"D~' ~~ ,S 'O yOZ~ VERIFIED: ~~~~~ D nna F. Armibrister, Town Clerk o~