HomeMy Public PortalAbout05-12-2008 Regular MeetingMay 12, 2008 Regular Meeting
Approved: June 9, 20UR
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Town ~' MINUTES
of HILLSBOROUGH TOWN BOARD
May 12, 2008
H111S U~ 7:00 PM, Town Barn
PRESENT: Mayor Tom Stevens, Commissioners Evelyn Lloyd, Frances Dancy, Michael Gering, L.
Eric Hallman, and Brian Lowen.
STAFF PRESENT: Town Manger Eric Peterson, Assistant Town Manager Nicole Ard, Town Clerk
Donna Armbrister, Planning Director Margaret Hauth, Finance Director Greg Siler, Budget Analyst
Emily Bradford, Assistant Utilities Director Will Baker, Public Works Supervisor Ken Hines,
Lieutenant Davis Trimmer, and Town Attorney Bob Hornik.
Mayor Tom Stevens called the meeting to order at 7:02 p.m.
1. PUBLIC CHARGE
Mayor Stevens did not read the Public Charge, but noted it would be abided by.
INTERVIEWS
A. Interview 3 volunteer candidates for the Margaret Lane Cemetery Committee
7:02:51 PM Public Works Supervisor Ken Hines introduced the three candidates to the Board:
Doris Wilson, Colleen Prince-Elcan, and Rev. Linda Foster Mo~nsen. He stated that Beverly
Starlet had resigned from the Committee due to her judicial responsibility, but wished to
continue as an advisory to the Committee.
7:03:41 PM Doris Wilson provided the Board with information regarding her background and
interests, as well as her interest in serving on this Committee.
Colleen Prince-Elcan provided the Board with information regarding her background and
interests, and her interest in serving on this Committee.
Rev. Linda Foster Momsen provided the Board with information regarding her background and
interests, as well as her interest in serving on this Committee.
7:06:17 PM Mayor Stevens thanked the candidates for their interest in volunteering to serve on
the Committee.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
7:06:25 PM No audience comments were received.
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3. AGENDA CHANGES & AGENDA APPROVAL
7:06:28 PM No changes were made to the agenda.
Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved
to approve the agenda by a vote of 5-0. The motion was declared passed.
4. APPOINTMENTS
A. Appointment of Rev. Linda Foster Momsen, Colleen Prince-Elcan, and Doris
Wilson to the Margaret Lane Cemetery Committee
Commissioner Lloyd said that Ms. Wilson was doing admirable things for people ninety and
over. Doris Wilson stated she was gathering information to publish a book on Orange County
and surrounding county citizens who lived to be 90 to 100+.
Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved
to appoint Rev. Linda Foster Momsen, Colleen Prince-Elcan, and Doris Wilson to the Margaret
Lane Cemetery Committee by a vote of 5-0. The motion was declared passed.
5. PRESENTATION
A. Presentation of the Interim Orange County Solid Waste Plan by Blair Pollock
7:08:35 PM Blair Pollock, with the Orange County Solid Waste Management Department,
provided a PowerPoint presentation on the three-year update on their 10-year Solid Waste
Management Plan that encompassed the period from July 2004 through January 2008. He stated
that update was somewhat overdue.
Mr. Pollock provided highlights of the years 2003-2004 through 2007-2008, which were
provided in detail in the agenda packet. He stated that the Department had expanded and
changed since the last update, and the report detailed those function changes, provided statistical
information about solid waste management in Orange County from 2006-2007, and a description
of the planning process they were undertaking now for the integrated comprehensive solid waste
plan that would help the County on its way to achieving the goal of 61 % waste reduction. Mr.
Pollock said that as of 2006-2007, the County had achieved its highest waste reduction rate ever
of 47.7%, according to State records. He added that from that point on, achieving the goal of
61 % would become much more difficult.
Mr. Pollock outlined some of the issues addressed by the Solid Waste Plan Work Group,
including a Materials Recovery Facility, Pay-as-you-Throw/Pay-by-the-Bag, Convenience
Centers and drop-off sites, commercial recycling, and rural recycling.
7:19:50 PM Commissioner Lloyd asked about the convenience center on NC 57. Gai] Wilson,
Director of the Orange County Solid Waste Management Department, stated that the County had
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purchased land and they were planning a replacement for the NC 57 convenience center, which
would be on Mincey Road if the Board of Commissioners approved the site. He said they
believed the site would get a lot of use from Hillsborough residents, although it was a little
further out of Town. Mr. Wilson said they planned to make it a safer and more modern site, as
well as more convenient and efficient in the way they serviced it and collected materials. He
said they were looking forward to it, but it was still a couple of years away.
7:21:26 PM Commissioner Lloyd asked if there were additional plans. Mr. Wilson stated the
County had purchased a larger parcel that would primarily be a park, but 5 acres had been set
aside for a solid waste convenience center. He said he did not know of any plans for that
property to be a transfer station.
7:24:23 PM Mr. Pollock said a year from now they hoped to have addressed some of the
bigger issues, such as how to pay for the last increment of getting from 47.7% to 61 % waste
reduction, what sort of regulatory approaches they might consider, organic materials
management and composting of more organic waste, what kind of materials they should add,
pay-as-you-throw, and transfer stations He asked the Board to consider a resolution tonight that
endorsed the Interim Solid Waste Plan, which did three things: it brought them into compliance
with the State for regulatory purposes, it enabled them to have access to State grants for
recycling, and by adopting the plan it pointed the way as to the direction they should follow.
7:25:03 PM Commissioner Hallman commented that he felt they were compelled to point out
to people that when you used the Hillsborough zip code to compile data, that covered an area all
the way from Durham County over to the end of Arthur Minnis Road. So, he said, when it was
said the statistics were for Hillsborough, they were somewhat wary of that data since it casts
such a broad net. Mr. Pollock said they did work closely with the Town and the annual solid
waste report submitted, which gave statistics for just the Town of Hillsborough. He said
Commissioner Hallman was right that when people were asked if they lived in Hillsborough that
sometimes they considered themselves residents even though they lived outside the Town.
7:25:18 PM Commissioner Gering stated he would be more comfortable adopting a resolution
after having received feedback from the Town's representatives as far as what they thought about
the plan and any suggested changes they might want to submit. He said he was somewhat
surprised to see that they were being asked to adopt that plan tonight. Mr. Pollock stated the
Board could take all the time it wanted to adopt the plan, and would await its decision.
7:26:26 PM Assistant Town Manager Nicole Ard stated that Appendix B to the report was the
draft resolution, and the Board could wait until the other jurisdictions reviewed the plan and
proposed any changes or additions. She said those two jurisdictions would receive the same
presentation from Mr. Pollock and Mr. Wilson as had been presented tonight.
Mr. Pollock stated they would be making the presentation to Chapel Hill on Monday night and to
Carrboro on Tuesday night, and hoped to have everything assembled to go back to the County
Board of Commissioners on June 3.
Mayor Stevens suggested this could be placed on the work session agenda two weeks from now.
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Commissioner Gering said they had received insightful input from their citizen representative,
Mr. Smith, in the past and would like to again afford him that opportunity.
7:27:43 PM Mayor Stevens determined that the Board was in agreement that this issue could
be taken up again at its meeting on May 27.
B. Report from Chapel Hill/Orange County Visitors Bureau on Hillsborough Products
and Promotions -Laurie Paolicelli
7:29:05 PM Laurie Paolicelli, Executive Director of the Visitors Bureau, provided the Board
with a PowerPoint presentation, postcards, and Hillsborough hats. She stated that the demand
for tourism in the County was such that the County-wide bureau had gone off on a different track
in how it promoted the County, and subsequently the towns within the County. Ms. Paolicelli
stated that through a research study 3 years ago they had discovered the high level of awareness
of Chapel Hill and Hillsborough among travelers through the area. She said as such, they had
made a sharp strategic turn and began calling the Bureau the Chapel Hill-Orange County Visitors
Bureau with a separate program devoted to Hillsborough.
Ms. Paolicelli said that requests for information about Hillsborough were at the point that they
were now producing separate merchandise, brochures, and web promotions, and this fall would
add seed money for a children's book on Hillsborough. She said they had recently signed a
contract with the publishers of Durham Magazine and Chapel Hill Magazine, and this June, July,
and August those magazines would have a four-page insert on Hillsborough and that
Hillsborough would be added to the front cover of those publications.
Ms. Paolicelli stated today they had signed a contract with Elaine O'Neal, a tapestry artist, to
produce a tapestry that would be replicated on many different promotions. She then provided an
overview of the web site which contained a separate section on Hillsborough. Ms. Paolicelli said
they had produced a separate sub-brand so that they could aggressively promote Historic
Hillsborough, and that was shown on the products provided to the Board tonight. She said to
answer the growing demand of families with children; they had produced a brochure entitled
"The Top Ten Things to Do with Kids in Hillsborough," which was so popular they could not
keep it in stock. Ms. Paolicelli stated they had also produced aone-page ad that promoted
Hillsborough and appeared in various publications, including Southern Living magazine.
Ms. Paolicelli stated it was pleasing to see the increased interest in Hillsborough, and remained
very committed to keeping that interest alive and well. She noted the advantage of their
association with the Alliance for Historic Hillsborough, as well as the many artists and writers
located in the area.
7:39:22 PM Commissioner Dancy stated that Ms Paolicelli had done a wonderful job at the
Bureau and thanked her for her work and focus.
Mayor Stevens stated it was always exciting to hear the investment that the County was putting
into promoting Hillsborough as well as the cooperation. Ms. Paolicelli responded she
appreciated the Town's partnership in their tourism efforts. She noted she believed the greatest
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need at the present time was a hotel with about 130 rooms, noting that 40% of all families
visiting the area wanted to stay in a hotel. Ms. Paolicelli stated the Wayfinding efforts would
also be a huge benefit for the Town as well.
Mayor Stevens thanked Ms. Paolicelli for the gifts she had provided to the Board as well as for
her report.
C. Presentation of the FY09 Proposed Budget
7:42:19 PM Mr. Peterson provided a PowerPoint presentation on the proposed budget as well
as an outline. He stated he had put together a budget summary which would be available to the
press and public after his presentation, and tomorrow they would be able to provide electronic
copies of the budget for those interested. He added the budget would be available on the website
within the next few days.
Mr. Peterson provided the following information;
• For the General Fund, he was recommending a 5.0 cent tax increase, from 63.5 to 68.5
cents, as well as a $530,785 fund balance appropriation to balance the FY09 budget. The
assessed valuation numbers from the County Tax Office for last year was $622 million,
and the Tax Office was estimating a slight decrease in that number this year. Mr.
Peterson said he did not believe there would be a decrease, and was actually predicting an
increase of 0.3% increase to $623.8 million.
• For Fund Balance, at the end of June the prediction was a deficit of only $200,122, which
was $224,000 less than was originally budgeted. The Fund Balance level of 48% was
below the State average of 65% for municipalities of like size. Fund Balance levels were
projected to drop from 37% by the end of FY09 to 29% by the end of FY10.
• A number of major projects in Board initiatives were being funded this year, with a lot of
recreation included. Under Park Maintenance, there was about $110,000 provided for
park maintenance issues, which was a new area for the Town.
• He was recommending that the $600,000 received from Waterstone not be used for the
ladder truck as originally recommended; rather that it be kept and accrued so that they
could either expand the downtown station or build a southern substation. Mr. Peterson
said he believed that was a more appropriate use for the money.
• Even with the 5.0 cent tax increase, the debt service on the fleet maintenance facility, the
ladder truck, and others would result in additional $230,000 to $240,000 expenditures
after next year and into the next.
• For the Water/Sewer Fund, rates would need to be increased by 7.9% in the water fund
and 6.6% in the sewer fund. Water rates were projected to increase by another 6.9% in
FY 10 but stabilize by FY 11. Sewer rates were anticipated to increase 1.6% in FY 10,
then a 6.8% increase in FY 11.
• Impact on in-town customers would be about $3.00 per month for a customer using 3,000
gallons per month, from $41.49 to $44.49; for out-of--town customers it would be about
$5.84, from $80.91 to $86.75. Fund balance in that fund had been held at the 30% level.
• By the end of this fiscal year, the projection was to have about $1.2 million in the
available in water system capital reserve funds; those funds will be used to pay for the
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up-front designs cost on the reservoir and water treatment plant expansions and make
debt payments on the reservoir project for many years, thus minimizing the effect of
major projects on water rates.
• System maintenance would be of primary focus this year, including replacing outdated
lines as well as equipment, as well as a $25,000 contribution for the purchase of
automated controls for Lake Orange.
• They should be able to get over $600,000 from the Surface Transportation Funds for the
Nash Street Sidewalk, but the Town would need to provide $155,000 in FY09. The good
news was that would be a one-time cash payment with no debt to be carried over into
future budget years.
• The PARTF grant of $500,000 was being used for design and construction.
• They had applied for $500,000 from the Clean Water Management Trust Fund to pay for
the million dollars worth of design costs, and were optimistic they would be successful.
• Good chance they would be able to use STAG funding next year, as well as some HOME
funding to complete the Tuliptree sewer outfall in the Fairview area.
• Regarding personnel, no new positions were proposed for the General Fund in FY09. A
Parks maintenance position was being deferred for FY09, but would need to be included
in FY 10 because of the amount for park space being added. As well, an IT support
position would be included FY 10.
• Personnel in the Water/Sewer Fund included apart-time operator position at the Water
Plant; a retired operator was interested in coming back and working, and a good portion
of the salary would be paid by savings in overtime costs. In FY 10, there was one
additional position proposed.
• The merit program was fully funded and there were no cost-of-living allowances
proposed.
• There was no increase expected in health insurance costs for the fourth consecutive year.
• There was $10,000 included in the budget to invest in a wellness program for employees.
• Benchmarking efforts would be used to provide service-level analyses and to actively
look for efficiency gains and cost-savings opportunities in all Town operations.
• Determining the "cost" of government, meaning giving the Board of Commissioners the
time to determine the "cost" of government over the next few fiscal years and the
maximum acceptable tax rate. This effort would blend some of the concepts of zero-
based budgeting into the Town's current format/system.
• Use the anticipated completion of the Annexation Feasibility Study to deliberate the
equity issues involved in how water, sewer, and the General Fund services/amenities
should be paid.
8:08:38 PM Commissioner Lloyd said if they did a large annexation the Town would have to
provide Town services to that area, such as trash pick-up. Mr. Peterson said that was correct.
Commissioner Lloyd said such annexations could lead to further expenses, such as having to
purchase an additional garbage truck, so it may not necessarily save the Town anything. Mr.
Peterson said if you did not annex or did not have new development, then it would become
financially painful in the future.
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Mr. Peterson said his last point was the need to enhance efforts to invest in employees so as to
truly build the organization's ability to innovate, continually reassess operations, and improve
how the Town conducted business. He said that the employees were the Town's most valuable
assets and the most likely source of innovative ideas. Mr. Peterson said programs proposed in
FY09 would increase the Town's investment in employees, including an opportunity to
collaborate with supervisors to create Career Development Plans, supporting and making
employees aware of the tuition reimbursement policy, and using the Innovation and Customer
Service Awards Program as a way to recognize, encourage, and reward thinking that created a
culture of continual improvement throughout the organization.
8:13:56 PM Mayor Stevens stated that was an incredibly helpful overview of the upcoming
budget picture, and thanked Mr. Peterson and his staff for their efforts in producing such a
comprehensive document. He stated that the Commissioners had some hard decisions before
them and would be delving more deeply into the proposed budget at the upcoming budget work
session on May 27.
6. COMMITTEE REPORTS (Critical)
8:16:41 PM Commissioner Hallman stated that they had started the second phase of the
Strategic Growth Committee, noting that if you looked at the 2-mile boundary around
Hillsborough, there were 20,000 acres and if that was developed at the County-allowed density
of one unit per acre and multiplied that by 2 persons per household, that would result in 40,000
people within 2 miles of Hillsborough's boundary and affecting the Town's infrastructure. He
said it was very important that they work with the County in establishing the appropriate land use
for that area.
Commissioner Hallman stated regarding the EDC, the County was pushing the Buckhorn project
through, and the concern was that the Town had its own project that would generate sales tax
revenue and help prevent the leakage of that revenue out into the County. He said the County
had hired a business development group to promote their project, and his fear was that promotion
would damage what the Town already had established at Waterstone. Commissioner Hallman
stated he believed the Town needed to craft a response to the County relaying their concern.
Commissioner Hallman stated he and Mayor Stevens had recently met with The Stratford Group,
and they were concerned as well. He said looking at the impact on the Town's budget in future
years, they needed to respond to the County and suggest they slow down to lessen the impact on
the County as a whole.
8:19:50 PM Commissioner Lloyd added that they had worked very hard on that economic
development district at Waterstone, and this was a "slap in the face" by the County not working
with the Town.
Commissioner Hallman stated the County would benefit from those property taxes just as much
as Hillsborough would. Commissioner Lloyd agreed. She suggested talking with Planning
Director Margaret Hauth to help craft a response.
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8:20:46 PM Mayor Stevens stated they may need to increase their efforts to promote
Waterstone, which may not be entirely on the County's radar.
8:21:18 PM Commissioner Gering said he would like to understand what the County's
priorities were, because that could be detrimental to the Town's own economic development
district. He said the County had partnered with them to get it started, and it seemed that the
priorities had become inverted.
Mayor Stevens added he did not believe it had been considered how they interacted with each
other.
8:21:48 PN1 Commissioner Lloyd said it seemed that once the Town got Durham Tech, the
County had dropped them and went another way.
8:22:10 PM Commissioner Dancy said she was concerned as well, and did not like the way the
County was moving. She said it did nothing to retain the relationships and partnerships that the
Town was suppose to have with the County.
Commissioner Hallman stated there were economic development dollars through the DOT for
each division, and there was a good chance that instead of applying those funds to US 70, which
was the original concept, it could be diverted to the County.
8:23:04 P1v1 Mayor Stevens stated they had a consensus of concern, and perhaps a discussion
should be placed on the next agenda.
Commissioner Hallman agreed the Board needed time to think about it.
Commissioner Gering stated the next joint meeting with the County Commissioners was eight
months out, and this was moving fast.
Commissioner Hallman stated he had heard that recommendations from the County Planning
Board would be made in June, so that the County Commissioners could vote on it before their
summer break. He said perhaps they should get more information about the timing, and then
decide how critical the Town's response should be.
8:24:28 PM Catherine Yarborough stated that the EDC had been told that their comments
would need to be in the hands of the County Planning Board by this Wednesday, with the
Planning Board making recommendations to the County Commissioners on June 7.
Mayor Stevens said it seemed it would behoove them to contact the Chair of the County
Commissioners very soon.
Planning Director Margaret Hauth stated the County had a public hearing scheduled on the
evening of May 19.
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8:25:45 PM Commissioner Dancy stated that there was a piece of legislation regarding
collective bargaining, and the TJCOG had received a presentation. She said the NCLM was
against that legislation because it would be detrimental to local budgets, and the Town might
want to consider developing a resolution to respond to that legislation. Commissioner Dancy
said that Police and Fire would be the ones primarily affected.
Commissioner Gering asked how the Town's local delegation was positioned on that.
Commissioner Dancy stated she did not know. She said it appeared that Wake and Durham
Counties were in favor of the legislation, but it would hurt smaller towns like Hillsborough.
Mr. Peterson said that there had been a discussion in Congress as well regarding collective
bargaining affecting only Fire and Police, but at the State level there had been discussion of
collective bargaining for all employee groups. He said his concern was that the biggest impact
would be pitting employees against one another and that would be detrimental to services.
Commissioner Dancy said that North Carolina was one of the very few states that did not have
collective bargaining, and therefore many in the Legislature were in favor of it.
Commissioner Hallman remarked that he had been asked to sit on the panel of the Water Vision
Committee because of his work last year with the Environmental Resources Center. He said that
group saw Hillsborough as a microcosm of what others were facing in regards to water rates and
infrastructure.
7. REPORT FROM THE TOWN MANAGER
8:29:26 PM Mr. Peterson noted he had no reports to offer at this time.
8. DEPARTMENTAL REPORTS
8:29:44 PM Lt. Davis Trimmer stated that on Thursday evening they had received a call from
the Durham County Sheriff's Department, noting that department had arrested a man that carried
a large quantity of heroin and that man had provided information about a residence in
Hillsborough. He said they had looked at that information and put it together with information
they had already gotten, and were able to obtain a search warrant for the apartment. Lt. Trimmer
stated they had been able to recover about 118 grams of white heroin, which was a substantial
amount and the most every recovered by the Hillsborough Police Department. He said they had
also recovered a small amount of cocaine and marijuana.
Lt. Trimmer said unfortunately, the resident of the apartment had taken all the money and gone
to Durham to bail out the man in Durham that had been arrested. He said at the present time
charges had been filed against both the resident of that apartment and the man in Durham, who
was also a resident of that apartment. Lt. Trimmer said there was also a female resident of that
apartment who had been arrested.
8:31:06 PM Mr. Peterson asked had the SERT team been used to do the search. Mr. Trimmer
stated yes, they had used that special team to conduct the search. Mr. Peterson stated that was
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important for the Board to know since there were line items in the budget dedicated to that
team's training and equipment. Lt. Trimmer noted the SERT team was always used when
conducting such searches, noting that narcotics warrants were considered to be high risk warrants
because of the inherent dangers posed by drug dealers who always seemed to have guns and/or
were prone to violence.
Mr. Peterson stated that he understood from Lt. Trimmer that 4 grams of heroin was the limit for
trafficking, and this was 118 grams. Lt. Trimmer stated that trafficking was the most serious
charge, and that amount of heroin was a Class C felony.
8:32:12 PM Mayor Stevens stated they hated to see that type of drug activity in Hillsborough,
but were very pleased the Police had been able to stop it. Lt. Trimmer stated their research had
shown that the suspects were not from this area, but were only living here while they performed
their deliveries.
9. ITEMS FOR DECISION -CONSENT AGENDA
A. Consider Approval of the Minutes of the March 10, 2008 Closed Session; the March 24,
2008 Closed Session; the April 14, 2008 Regular Board Meeting; and the April 14, 2008
Closed Session
B. Consider acceptance of water and sewer facilities for Oakdale Village Phase 1 project
and begin one-year warranty period
C. Consider acceptance of water and sewer facilities for Cates Creek Parkway Phase 1,
College Park Drive, Waterstone Drive, & Moren Tract Sewer project and begin one-year
warranty period
D. Consider acceptance of proposed Cross-Connection Ordinance
E. Consideration of a Resolution Authorizing the Orange County 2008-2009 HOME
Program Design
F. Consideration of a Resolution authorizing the submission of the Annual Update to the
2005-2010 Consolidated Housing Plan
G. Consider approval of an extension to the Orange County HOME Consortium agreement
to extend through June 30, 2011
Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved
to approve the Consent Agenda by a vote of 5-0. The motion was declared passed.
10. ITEMS FOR DECISION -REGULAR AGENDA
A. Consider approval of Addendum # 1 to CCD Corp's Water Sewer Extension
Contract
8:33:46 PM Kim Callemyn, representing CCD Corporation on behalf of the Wilkerson family,
stated they had previously been trying to reduce that $60,000 amount and did not understand
how that amount had been determined until just recently. She said they were now accepting the
cost, and would like the Board to grant them some time to pay the water/sewer extension fee
until utilities were installed.
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8:34:45 PM Mayor Stevens said then they were not contesting the amount at this time but
were asking only for an extension of time to pay. Ms. Callemyn stated that was correct, and
were asking only for an extension of time. She said that extension was very important to them,
noting at the present time it was difficult to sell 40 acres of commercial property. Ms. Callemyn
stated they would be appearing before the Planning Board this Thursday to propose a small
subdivision to bite off a piece form that 40 acres so they could get some commercial
development going there, and well as providing commercial tax dollars to the Town.
8:35:58 PM Commissioner Lloyd asked Will Baker, with the Water/Sewer Department, to tell
her how much in the beginning the Wilkerson family was expected to pay under the original
contract. Mr. Baker said nothing had changed with that agreement, noting the agreement was
that they would pay 19% of the total cost to the Town of the Thalle Outfall, and he believed that
dispute had now been settled.
Commissioner Lloyd asked how delaying the payment would affect the Town for this fiscal year,
and what impact it might have next year. Mr. Peterson stated it would increase the Town's
deficit by $59,850 this fiscal year and carried over into next year if not paid.
8:37:54 PM Commissioner Gering said it seemed that the Wilkerson's were now in agreement
with staff as far as recommending Addendum No. 1, and asked was that a fair conclusion. Town
Attorney Bob Hornik responded that Addendum No. 1 would have the CCD paying the funds by
June 30 of this year. He stated that Addendum No. 2 was what the applicant was requesting,
which would delay the payment until the start of utilities construction.
8:38:56 PM Commissioner Lloyd stated her concern was that the amount was noted in the
original contract, and the Town needed those funds. Mr. Hornik stated that amount was included
in the original water and sewer extension contract when the project was first approved. He said
the issue now was really a request for modification of that contract to delay the payment until the
start of utilities construction.
Commissioner Lloyd stated her concern was that not receiving the payment on time caused a
larger deficit for the current year. Mr. Peterson said the original contract was set to expire July
12, so if the contract expired and no change was made, then that meant that if the CCD wanted to
make an extension or connection onto the line, they would have to come back before the Board
to do that. He said that would also mean the Town would not receive its $59,850 at that point.
Mr. Peterson said he believed what Public Works Director Kenny Keel was hoping to do was to
grant the extension to prevent the contract from lapsing but to get the funds paid not by July 12
but by June 30. He said what was happening was that CCD was getting an interest-free loan.
Mr. Peterson said one other option might be to ask CCD to pay half of the amount by June 30
and pay the remaining funds at some later date or in some other increment.
8:41:51 P1y~ Mayor Stevens stated he would like to see CCD be successful, but would also like
the Town to receive its full payment. He asked if the CCD was willing to make aone-half
payment by June 30. Paul Wilkerson stated that would be very difficult for them. He said they
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would not be having this issue if they had not agreed in the beginning to postpone the selling of
the property so that the Strategic Growth Committee could study the issue. Mr. Wilkerson said
they had thought they had the property sold to EuroSport, but because of the delay EuroSport
had taken its business to Mebane and purchased a facility there.
8:43:57 PM Mr. Peterson said as far as the actual money the Town would lose, it would mean
having to make a contingency transfer of $59,850, resulting in less cash available in Fund
Balance. He said the actual loss the Town would incur was the interest that would accrue on that
$59,850 until it was paid, so the true loss was the principle plus the accrued interest during the
period it was not paid. Mr. Peterson said if the Board was so inclined, they could develop a
payment schedule that included interest so that the CCD did not have to pay a large sum now,
and the Town would not incur a cash loss.
8:45:15 P1v1 Mayor Stevens indicated he had seen a nodding of heads among the Board
members. Mr. Wilkerson said they were willing to work with the Town on that, noting what
they were looking for from the Board later own may help the situation. He said they would have
about 5 acres cut off by a creek available for sale, so if a project proposed on that tract was
approved the CCD could get the funds paid back to the Town sooner than later.
8:45:44 PM Commissioner Lowen said he believed what Mr. Peterson had suggested was a
good alternative, and believed the Wilkerson family was amenable to getting this settled. He
asked Mr. Peterson if the contract would have to be redone. Mr. Peterson said he believed it
would take only some quick math to get a contract redrawn to begin on July 13, the day after the
original contract expired.
8:46:41 PM Mayor Stevens said essentially they would be looking at Addendum No. 2 but
with interest added. Mr. Hornik said what he believed they were discussing was not approving
this tonight, but determining an interest rate and then approving an agreement similar to
Addendum No. 2. Mayor Stevens stated that once that interest rate was determined, then the
contract approval could become a Consent Agenda item.
8:47:47 PM Commissioner Gering said then at their June meeting they would have a revised
contract to consider. Mr. Peterson said they would develop a revised contract and would try to
snake it as straightforward as possible. He asked Mr. Baker if that was acceptable. Mr. Baker
said that was exactly what they had discussed.
Mr. Wilkerson stated as soon as something was proposed, they could meet that night and give the
Town an answer the next day.
Mayor Stevens stated they trusted staff to get that taken care of and to report back to the Board.
Mayor Stevens determined that the Board agreed with that plan by consensus.
B. Consideration of a resolution amending the Special Use Permit for Corbinton
Commons to convert to a CCRC model for 274 units with 47 single family houses
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May 12, 2008 Regular Mccting
Approved: June 9, 2008
Page 13 of 39
8:48:52 PM Ms. Hauth stated the draft agreement had been slightly revised since the last
meeting to include the updated property owner's name, to correct the action dates, and to add a
condition relative to site signage since no signage was included in the packet for the modification
for the Duke Wellness Center or the other buildings on site. Ms. Hauth said they had crafted an
additional condition that simply said that the signage would have to meet the current ordinance
as it existed at the time they applied for the building. She said that revised resolution was
provided in the packet with the changes highlighted.
Ms. Hauth said the other change regarded the issue of fiscal neutrality, noting that the applicant
would prefer that agreement be done separate from the condition of the approval of the project.
8:50:54 PM Mr. Hornik stated he was distributing the voluntary contributions agreement
which would take the place of the condition in the Special Use Permit. He said it was the same
language and the same agreement, but it would be a stand-alone agreement rather than a part of
the SUP. Mr. Hornik said the thinking was that when the applicant had talked with its financing
people, having the contributions as a condition of the SUP made it not so much a voluntary
contribution and might impact their financing underwriting as well as affect their ability to work
as anon-for-profit entity.
Mr. Hornik said if the Town were to approve the voluntary contribution agreement before they
approved the SUP, they would have the proper order of events so that they had a voluntary
agreement to make those contributions that ran with the land, but not tied as a condition of the
SUP. He said that allowed them to get around the potential to have a challenge to the voluntary
nature if it were a condition of approval. Mr. Hornik said that scenario seemed to protect the
Town in terms of binding them to the voluntary contributions, while also allowing the applicant
to move forward with financing in the way they needed to do.
8:52:25 PM Commissioner Lloyd said under contributions in 2.b, was there a way that money
could go directly to the Fire Department rather than to the Town, since the Town was under
contract with the Fire Department. She said if the funds came directly to the Town, the Town
might use it for something other than what the Fire Department would use it for. Mr. Peterson
said he understood the point, noting that if for some reason the Town split off from Orange Rural
Fire Department then that money would continue to go to Orange Rural rather than to the Town.
Mr. Hornik stated he did not believe it would be an issue, because the funds were earmarked for
fire services, which could be paid to the Town for fire protection purposes. He said he believed
it could be done in that way.
8:53:51 PM Sam Coleman stated it had been pointed out to him that it could go to the Fire
Department or to the Town, depending on how the Town wished the funds to be donated in any
particular year.
Mr. Hornik stated there was a parenthetical statement in the agreement that said the payment to
be made to the Orange Rural Fire Department would go either directly to the Town or the Fire
Department. He said it made no difference to them.
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May 12, 2008 Regular Meeting
Approved: June 9, 2008
Pagc 14 of 39
Commissioner Gering stated the Fire Department would be the beneficiary in any case.
Mr. Hornik said to address Commissioner Lloyd's concern, they would modify the parenthetical
statement to say the contributions would be made to the Town for fire protection services.
Commissioner Lloyd agreed that would be more specific.
Mr. Peterson stated it would be easier administratively for the payments to go directly to the
Town so that they would know when the pa}nnents were made.
8:56:24 PM Mr. Hornik stated very simply, what he was proposing was to modify the
parenthetical statement to say that the owner would contribute to the Town for fire protection
services the amount set forth in Exhibit B.
Mr. Coleman stated that modification was acceptable to them.
8:57:23 PM Mayor Stevens asked were the amounts the same that had been looked at earlier.
Mr. Hornik stated they were different, noting they amounted up to about another $250,000.
Mr. Coleman added that the total contribution was not just over $1 million, up from around
$700,000.
Mr. Hornik stated the ten-year term was set because anything beyond that put financing at risk.
8:58:11 PM Commissioner Dancy said on page 3 under Charitable Contributions, that would
need to be changed to the Town instead of the Orange Rural Fire Department as well. Mr.
Hornik said that was correct.
Mr. Peterson stated the same would be true at the bottom of 2.b. where the parenthetical change
had been made, to change Orange Rural to the Town.
8:59:48 PM Commissioner Hallman asked about the CCRC's Foundation Board
representation. Mr. Hornik stated the applicant was suggesting that a liaison be designated
whose responsibilities would include discussing any charitable contributions to the Town in
excess of those set forth in the agreement prior to disbursement. He stated the applicant was
opposed to having a Town Board member on the Foundation Board due to concerns that HIPPA
rights might be violated.
9:02:13 P1v1 Commissioner Gering moved, seconded by Commissioner Lowen, to approve the
voluntary contribution agreement as amended by tonight's discussion and by detail provided by
Commissioners Dancy and Lloyd and by Mr. Hornik.
Mr. Hornik stated he wanted to point out to the Board that Mr. Coleman had emailed him an
updated Exhibit B, noting the actual total amount of contribution was $1,006,054.09. Mr.
Coleman indicated that when the amount was rounded an error had occurred.
The vote was 5-0. The motion was declared passed.
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May 12, 2008 Regular Meeting
Approved: June 9, 2008
Page I S of 39
9:04:06 PM Ms. Hauth stated that in regards to the SUP, condition #36 that spoke to the
revenue neutrality issue was now removed, and a new condition #38 was added to address the
signage issue. She said the SUP also corrected the name of the entity as well as the dates.
9:04:58 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the
Board moved to approve the resolution amending the Special Use Permit for Corbinton
Commons subject to the special conditions as indicated to convert to a CCRC model for 274
units with 47 single family houses by a vote of 5-0. The motion was declared passed.
C. Consideration of a Preliminary Subdivision Plan for Tryon Investment to create 3
lots from 5.3 acres and extend Executive Court in the Meadowlands
9:05:57 PM Ms. Hauth stated the Board had looked at this item last month and had a question
about the intersection of Executive Court with Meadowland Drive and the quality of that
intersection as it existed, and whether it was constructed to the proper standards. She said in the
agenda item were the questions she had posed to the applicant and their responses, which were
basically that the road was constructed to current standards and operated as it should. Ms. Hauth
stated that Allen Pitcher and Jim Parker from Summit Consulting were both present to respond to
questions. She said she believed the applicant had a letter to hand to her that stated they were
agreeable to a payment-in-lieu of providing recreation area.
9:07:03 PM Commissioner Gering stated the applicant had offered to provide design
assistance at no cost to the Town, and wanted to make sure that was added as a requirement in
the motion to approve.
9:07:27 PM Commissioner Hallman said that the applicant was contending that the
maintenance problem at the intersection was an existing condition and not a result of this project.
He said he did not particularly buy in to that argument that it was not the applicant's problem if
they would be adding to that problem, and he contended that the applicant would add impacts
there and should fix the problems.
9:08:02 PM Commissioner Gering said in complete fairness it was not a problem they had
caused, and to the extent they exacerbated the problem they should contribute towards the
solution. He said he did not know a fair way to assess how much they should contribute towards
the solution, but the offer of design assistance did address part of that.
Commissioner Lowen agreed with Commissioner Gering.
Mr. Hornik said with off-site improvements, it was difficult to assess. He said in this case there
was an existing problem and there was no question that with the additional truck traffic there
would be more impacts to the intersection. Mr. Hornik said as Commissioner Gering had
pointed out, they would not be creating the problem but contributing to an existing problem. So,
he said, requiring the applicant to bear the full financial responsibility of correcting the existing
problem was close to the edge of what they could legally do, if not already across the threshold.
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May 12, 2008 Regular Meeting
Approved: June 9, 2008
Pagc 16 of 39
Commissioner Hallman stated he was not sure he accepted all of those arguments, but did agree
with Commissioner Gering that the Town should accept the offer of free design assistance for
improvements to the intersection.
9:10:45 PM Jim Parker, Summit Engineering, stated that the plan before the Board was just a
subdivision, and would say that certainly upon site plan submittal of any of those lots that
appeared to be a generator of large truck traffic then this issue could come up again. He said if
that was the case, then he believed it would be a fair request assistance in that. Mr. Parker said
he did not know if the Town would want to wait that long to fix the problem that already existed.
9:l 1:50 PM Commissioner Gering said his feeling was that he would still like to have the offer
of design assistance. He said looking forward, staff should find out what it would take to fix the
problem, and then when site plans came forward with traffic impact analyses, then they would
have some quantifiable basis for assessing contributions for individual sites to help fix the
problem. Mr. Parker said there were 30-foot radii on those roads which was minimum DOT
standards, and that was the way they were built. He said they did not handle large trucks well,
and the intersection at Corporate Drive was even worse because truck drivers cut the corners off,
as did others.
9:13:15 PM Commissioner Lowen said once the Board approved this and once the lots were
split it would have to come back before the Board of Adjustment. Ms. Hauth said that was
correct, or it could come back to staff depending on the size of the building.
Mayor Stevens asked were there other issues that needed to be discussed. Ms. Hauth said none
that she knew of. She reminded Mr. Pitcher to provide her with a copy of the letter mentioned
earlier.
9:]4:15 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the
Board moved to approve the Preliminary Subdivision Plan for Tryon Investment to create 3 lots
from 5.3 acres and extend Executive Court in the Meadowlands, to accept the payment-in-lieu
offer as well as the offer for free design assistance for mitigation of the traffic issue at the
intersection of Meadowlands Drive and Executive Court, by a vote of 5-0. The motion was
declared passed.
D. Consideration of preliminary subdivision plat to authorize land swap with Orange
County related to Fairview Park and the public works facility
9:15:32 PM Ms. Hauth said that this was the long-awaited 5-acre swap at the Orange County
Public Works facility, the former landfill, and Fairview Park. She pointed out the two tracts on
the map. Ms. Hauth said one reason the swap had taken so long was that in order not to landlock
the northern portion, they needed to remain a small strip of land to keep at least one parcel of
land with road frontage.
9:17:43 PM Commissioner Hallman asked how much area that was. Ms. Hauth said about 30
feet. She acknowledged that long-term that would not be a good resolution, but for the short-
term it got them moving forward with their public works building and still allowed the park to
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May 12.2008 Regular Meeting
Approved: Junc 9, ?008
Page 17 of 39
move forward, as well as allowed the creation of the lots without violating the Town's rules. Ms.
Hauth said staff on both sides was reasonably happy with the plan, and it was workable. She
said the County would be looking at this later this month, and Mayor Stevens or Mr. Peterson
would need to sign the plat before it could be recorded.
9:19:03 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the
Board moved to approve a preliminary subdivision plat to authorize land swap with Orange
County related to Fairview Park and the public works facility by a vote of 5-0. The motion was
declared passed.
E. Update and Discussion on Fairview Park Site Plan Approval and Sidewalk
Construction
9:19:34 PM Ms. Hauth said she had provided a copy of a letter from the County received this
afternoon, and Senior Planner Tom King's memo summarized it nicely in terms of they were
moving forward with the Conditional Use Permit for Fairview Park and came across the
requirement for sidewalks both along Torain Street and Rainey Avenue. She said those
sidewalks had not been included in the budget for Fairview Park, but they did not want to ignore
the importance of sidewalks and did not want to ignore the improvements citizens expected to
see at Fairview. Ms. Hauth said if an alternative could be worked out before this issue came
back to the Board of Adjustment, it would allow them to move forward with Fairview Park
9:20:56 PM Mayor Stevens said the agreement they were looking for would be to divided this
into two phases, with Phase 1 funding the sidewalk along Torain Stl•eet and Phase 2 funding the
sidewalk along Rainey Avenue. Ms. Hauth said that was correct. She said the County's
proposal was acost-sharing arrangement on the 300 feet along Torain Street, and then a date
specific of January 1, 2009 for the Rainey Avenue portion, so there would be specific dates that
the Board of Adjustment might be willing to attach as conditions to the Special Use Permit for
the park.
9:21:59 PM Commissioner Lloyd asked about the cost of the sidewalk. Ms. Hauth stated that
had not yet been estimated.
Mr. Peterson stated it was 300 feet, but curb and gutter already existed which made it the best
case scenario. He said the County staff said they thought they may not have done a good enough
job or did not clearly communicate to the Board of Adjustment that there would be two phases.
Mr. Peterson said almost all of the second phase would go all the way north along Rainey, and
there were a lot of stream buffer issues that would not make it an easy, quick, or inexpensive way
to run sidewalk there.
Mr. Peterson said he was interested in how much further they would have to go to run the
sidewalk to Rainey, noting that 300 feet would not take them that far. He said it made sense to
him to take it that far, adding it would likely mean an additional 75 to 150 feet, making it a lot
more usable amenity and more aesthetically pleasing.
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May 12.2008 Regular Meeting
Approved: June 9, 2008
Page 18 of 39
Ms. Hauth said it should not be dramatically more than that, noting that by the time you allowed
for the driveway going in and running all the way to Rainey, it would likely be around another
100 feet.
Mr. Peterson stated that his feeling was the Board of Adjustment would be much more likely to
grant approval if the sidewalk went all the way to Rainey, with the sidewalk on Rainey proposed
for Phase 2.
9:25:26 PM Mayor Stevens asked was the Manager comfortable with that proposal. Mr.
Peterson said yes, adding that it was a practical solution.
Ms. Hauth stated she believed they would need to craft an agreement with the County regarding
the cost-sharing arrangement for the sidewalk on Torain Street to be determined, and that both
parties would agree to having some result on how a sidewalk would be added on Rainey Avenue
by January 1, 2009, and, that this Board agreed to the concepts outlined in the Board of County
Commissioners' letter so that that agreement between the two elected bodies could be carried to
the Board of Adjustment.
9:26:44 PM Mayor Stevens said that would provide the necessary documentation for the
Town, the County, and the Board of Adjustment. Ms. Hauth said that was correct, noting the
County Board would not see that until their June meeting and by then would know the results of
the PARTF grant cycle to be certain that the money was available and no cuts would be
necessary to the park design.
9:27:12 PM Commissioner Lowen said since they would be partnering with the County, this
Board would have the opportunity to participate in design of the sidewalk, and to possibly
choose the least expensive but still acceptable sidewalk. Ms. Hauth said if the Board wanted to
build in that type of flexibility that should probably be specified at this point because the
ordinance did specific afive-foot wide concrete sidewalk. She said if they wanted to consider
some other alternative then that should be added.
9:28:11 P1v1 Mayor Stevens said he would like to leave open the option, particularly with
Rainey Avenue, to choose something that fit the terrain.
Commissioner Lowen said he would like to have that, given the expense involved and the fact
that costs would continue to rise. He said he would like the ability to perhaps consider an asphalt
path rather than a concrete sidewalk. Ms. Hauth said the Town's letter going back to the County
could say that, since the County's letter specifically said "sidewalk."
9:28:58 PM Commissioner Gering said the Town would have to maintain it, so it was an issue.
Ms. Hauth asked Assistant Town Manager Nicole Ard if an asphalt trail was more expensive to
maintain than a concrete sidewalk. Ms. Ard responded not necessarily, but given the terrain she
did not know what would happen due to the subgrade and the wetlands.
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May 12, 2008 Regular Meeting
Approved: June 9, 2008
Page 19 of 39
Mr. Hornik stated that the letter to the County should say this Board was endorsing the proposal
set forth in County Chair Jacobs' letter with the addition of some flexibility in the surface used
for a sidewalk in Phase 2 on Rainey Avenue.
9:30:34 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen,
the Board moved to craft a letter in response to County Chair Jacobs' letter with the addition of
some flexibility of the surface used for a sidewalk in Phase 2 on Rainey Avenue related to
Fairview Park by a vote of 5-0. The motion was declared passed.
9:31:01 PM Mayor Stevens said that he wanted to acknowledge that the new editor for the
News of Orange was present, and introduced Steve Steiner to the Board.
11. CLOSED SESSON
A. Closed Session as authorized by North Carolina General Statute Section 143-318.11
(5) regarding Property Acquisition (1. Riverwalk, and 2. General Government
Purpose)
B. Closed Session as authorized by North Carolina General Statute Section 143-318.11
(6) regarding Personnel Matters (2)
9:31:33 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 was declared passed.
Upon returning to Open Session, and upon a motion by Commissioner Dancy, seconded by
Commissioner Lowen, the Board moved to adjourn the meeting at 10:00 by a vote of 5-0. The
motion was declared passed.
Respectfully submitted,
Donna F. Annbrister, MMC
Town Clerk
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May 12, 2008 Regular Meeting
Approved: June 9, 2008
Page 20 of 39
c~~d ao~ ~~ s ~,z - ~~1
AN ORDINANCE AMENDING CHAPTER 14, SECTION 56 CROSS-CONNECTION
CONTROL
THE BOARD OF COMMISSIONF,RS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section L Chapter 14, Section 56, CrosrConnection Control is hereby added as follows:
"Section 14-56. CROSS-CONNECTION CONTROL
(a) GENERAL POLICY
(1) Introduction -The purpose of this Cross-Connection Control Ordinance is to define the
Town of Hillsborough as the water purveyor in the elimination of all cross-connections within
its public potable water supply.
This Ordinance shall apply to all consumers connected to the Town of Hillsborough public
potable water supply.
This Ordinance will comply with the Federal Safe Drinking Water Act (P.L. 93-523}, the
North Carolina State Administrative Code (Title 15A, Subchapter $C), and the North
Carolina State Building Code {Volume II) as they pertain to cross-connections with the
public water supply.
In accordance with General Statute 162A-9.1, the Town of Hillsborough is authorized and
empowered to adopt this ordinance
(2) Objective of this Ordinance -The specific objectives of the Cross-Connection Control
Ordinance are as follows:
a. To protect the public potable water supply of the Town of Hillsborough from the
possibility of contamination or pollution by isolating within the consumer's water system
such contaminants, waterborne health hazards and other significant pollutants which
could backflow into the public water systems.
b. To eliminate or control existing cross-connections, actual or potential, between the
consumer's potable water system(s) and non-potable water system(s), plumbing fixtures
and industrial piping systems.
c. To provide a continuing inspection program of cross-connection control which will
systematically and effectively control all actual or potential cross-connections which may
be installed in the future.
(3) Designation of Responsibility
a. Health Agency's Responsibility
The North Carolina Department of Environment and Natural Resources (Division of
Environmental Health) has the responsibility for promulgating and enforcing laws, rules,
regulations, and policies applicable to all water purveyors in the State of North Carolina
in carrying out an effective Cross-Connection Control Program.
The Division of Environmental Health also has the primary responsibility of ensuring that
the water purveyor operates a public potable water system free of actual or potential
sanitary hazards including unprotected cross-connections. The Division of
Environmental Health also has the responsibility of ensuring that the water purveyor
provides an approved water supply at the service connection to the consumer's water
system and, further, that the purveyor requires the installation, testing, and maintenance
of an approved backflow prevention assembly on the service connection when required.
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May 12, 2008 Regular Meeting
Approved: June 9, 2008
Page 21 of 39
b. Town of Hillsborough Responsibility
Except as otherwise provided herein, the Town of Hillsborough is the water purveyor
and is responsible for ensuring a safe water supply begins at the source and includes all
of the public water distribution system, including the service connection, and ends at the
point of delivery to the consumer's water systems. In addition, the Town of Hillsborough
shall exercise reasonable vigilance to ensure that the consumer has taken the proper
steps to protect the public potable water system. The Town of Hillsborough will
determine the degree of hazard or potential hazard to the public potable water system,
the degree of protection required, and will ensure proper containment protection through
an ongoing inspection program. The Town of Hillsborough will identify all facilities where
approved backflow prevention assemblies are required to be installed.
When it is determined that a backflow prevention assembly is required for the protection
of the public system, the Town of Hillsborough shall require the consumer, at the
consumer's expense. to install an approved backflow prevention assembly at service
connection, to test immediately upon installation and thereafter at frequency as
determined by the Town of Hillsborough, to properly repair and maintain assembly or
assemblies and to keep adequate records of each test and subsequent maintenance
and repair, including materials and/or replacement parts.
c. Plumbing Inspectors Responsibility
The plumbing inspection departments of the Town of Hillsborough and Orange Country
have the responsibility to not only review building plans and inspect plumbing as it is
installed but, they have the explicit responsibility of preventing cross-connections from
being designed and built into the plumbing system within its jurisdiction. Where the
review of building plans suggests or detects the potential for cross-connections being
made an integral part of the plumbing system, the plumbing inspector has the
Responsibility, under the North Carolina Building Cade, for requiring that such cross-
connections be either eliminated or provided with backflow prevention equipment
approved by the North Carolina State Building Code.
The plumbing inspector's responsibility begins at the point of delivery downstream of the
first installed backflow prevention assembly and continues throughout the entire length
of the consumer's water system. The inspector should inquire abou# the intended use of
water at any point where it is suspected that across-connection might be made or
where one is actually called for by the plans. When such is discovered it shall be
mandatary that a suitable, approved backflow prevention assembly approved by the
North Carolina Building Code, North Carolina Department of Environment and Natural
Resources and the Town of Hillsborough be required by the plans and be properly
installed.
d. Consumer Responsibility
The consumer has the primary responsibility of preventing pollutants and contaminants
from entering his/her potable water system or the public potable water system. The
consumer's responsibility starts at the point of delivery from the public potable water
system and includes all of his/her water system. The consumer, at his/her expense,
shall install, operate, test, and maintain approved backflow prevention assemblies as
directed by the Town of Hillsborough. The consumer shall maintain accurate records of
tests and repairs made to backflow prevention assemblies and shall maintain such
records for a minimum period of three (3) years. The records shall be on forms
approved by the Town of Hillsborough and shall include the list of materials or
replacement parts used. Following any repair, overhaul, repiping, or relocation of an
assembly, the consumer shall have it tested to ensure that it is in good operating
condition and will prevent backflow. Tests, maintenance and repairs of backflow
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May 12, 2008 Regular Meeting
Approved: June 9, 2008
Page 22 of 39
prevention assemblies shall be made by a Certified Backflow Prevention Assembly
Tester.
e. Certified Backflow Prevention Assembly Tester Responsibility
When employed by the consumer to test, repair, overhaul, or maintain backflow
prevention assemblies, a Certified Backflow Prevention Assembly Tester (Tester) will
have the following responsibilities:
The Tester will be responsible for making competent inspections and for repairing, or
overhauling backflow prevention assemblies and making reports of such repair to the
consumer and Town of Hillsborough on forms approved by the Town of Hillsborough.
The Tester shall include the list of materials or replacement parts used. The Tester shall
be equipped with and be competent to use all the necessary tools, gauges, manometers
and other equipment necessary to properly test, repair, and maintain backflow
prevention assemblies. It will be the Tester's responsibility to ensure that original
manufactured parts are used in the repair of or replacement of parts in a backflow
prevention assembly. It will be the Tester's further responsibility not to change the
design, material or operational characteristics of an assembly during repair or
maintenance without prior approval of the Town of Hillsborough. A Tester shall perform
the work and be responsible for the competency and accuracy of all tests and reports.
The Tester shall provide a copy of all test and repair reports to the consumer and to the
Town of Hillsborough within ten (10) business days of any completed test or repair work
A Tester shall maintain such records for a minimum period of three (3) years.
All Certified Backflow Prevention Assembly Testers must obtain and employ backflow
prevention assembly test equipment which has been evaluated andlor approved by the
Town of Hillsborough. All test equipment shall be registered with the Town of
Hillsborough. All test equipment shall be checked for accuracy annually (at a minimum),
calibrated, it necessary, and certified to the Town of Hillsborough as to such calibration,
employing an accuracylcalibration method acceptable to the Town of Hillsborough.
(b) DEFINITIONS
(1) Air gap. The term "air gap" shall mean a physical separation between the free-flowing
discharge end of a potable water supply pipeline and an open or nonpressure receiving
vessel. An "approved air gap" shall be at least double the diameter of the supply pipe
measured vertically above the overflow rim of the vessel - in no case less than 1 inch (2.54
cm).
(2) Atmospheric Type Vacuum Breaker. The term "atmospheric type vacuum breaker" (also
known as the "non-pressure type vacuum breaker"} shall mean a device containing a floai-
check, acheck seat, and an air inlet port. The flow of water into the body causes the float to
close the air inlet port. When the flow of water stops the float falls and forms a check valve
against back-siphonage and at the same time opens the air inlet port to allow air to enter
and satisfy the vacuum. A shutoff valve immediately upstream may be an integral part of the
device. An atmospheric vacuum breaker is designed to protect against anon-health hazard
(isolation protection only) under aback-siphonage condition only.
(3) Auxiliary Water Supply. Any water supply on or available to the premises other than the
purveyor's approved public water supply will be considered as an auxiliary water supply.
These waters may be contaminated or polluted or they may be objectionable and constitute
an unacceptable water source over which the water purveyor does not have sanitary
control.
(4) Backflow. The term "backflow" shall mean the undesirable reversal of flow of water or
mixtures of water and other liquids, gases or other substances into the distribution pipes of
the potable supply of water from any source or sources. See terms Backpressure (b.7) and
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May 12, 2008 Regular Meeting
Appro~~ed: June 9, 2008
Page 23 <~f 39
Backsiphonage (b 8).
(5) Backflow Prevention Assembly -Type
A "backflow prevention assembly" shall mean an assembly used to prevent backflow into a
consumer or public potable water system. The type of assembly used should be based on
the degree of hazard either existing or potential (as defined herein). The types are:
a. Double-Check Valve Assembly {DCVA)
b. Double-Check Detector Assembly (Fire System) (DCDA)
c. Pressure Vacuum Breaker {PVB)
d. Reduced Pressure Principle Assembly (RP)
e. Reduced Pressure Principle-Detector Assembly (Fire System) (RPDA)
(6) Certified Backflow Prevention Assembly Tester. The term "Certified Backflow
Prevention Assembly Tester" (Tester) shall mean a person who has proven their
competency to the satisfaction of the Town of Hillsborough. Each person who is certified to
make competent tests, or to repair, overhaul, and make reports on backflow prevention
assemblies shall be knowledgeable of applicable laws, rules, and regulations, shall be a
licensed plumber or have at least two (2) years experience under and be employed by a
North Carolina licensed plumber or plumbing contractor, or have equivalent qualifications
acceptable to the Town of Hillsborough, and must hold a certificate of completion from an
approved training program in the testing and repair of backflow prevention assemblies.
{7) Backpressure. The term "backpressure" shall mean any elevation of pressure in the
downstream piping system (by pump, elevation of piping, or steam and/or air pressure)
above the supply pressure at the point of consideration which would cause, ar tend to
cause, a reversal of the normal direction of flow.
(8) Backsiphonage. The term "backsiphonage" shall mean a form of backflow due to a
reduction in system pressure which causes a subatmospheric pressure to exist at a site in
the water system.
(g) Approved Check Valve. The term "approved check valve" shall mean a check valve that
is drip-tight in the normal direction of flow when the inlet pressure is at least one (1) psi and
the outlet pressure is zero. The check valve shall permit no leakage in a direction reversed
to the normal flow. The closure element (e.g. clapper, poppet, or other design) shall be
internally loaded to promote rapid and positive closure. An approved check valve is only one
component of an approved backflow prevention assembly - i.e., pressure vacuum breaker,
double-check valve assembly, double-check detector assembly, reduced pressure principle
assembly, or reduced pressure detector assembly.
(10) Consumer. The term "consumer" shall mean any person, firm, or corporation using or
receiving water from the Town of Hillsborough water system.
(11) Consumer's Water System. The term "consumer's water system" shall include any
water system commencing at the point of delivery and continuing throughout the
consumers plumbing system located on the consumer's premises, whether supplied by a
public potable water or an auxiliary water supply. The systems may be either a potable
water system or an industrial piping system.
(12) Consumer's Potable Water System. The term "consumer's potable water system" shall
mean that portion of the privately owned potable water system lying between the point of
delivery and point of use and/or isolation protection. This system will include all pipes,
conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce,
convey, store, or use potable water.
23
May 12, 2008 Regular Meeting
Approved: June 9.2008
Page 24 of 39
(13} Containment. The term "containment" shall mean preventing the impairment of the
public potable water supply by installing an approved backflow prevention assembly at the
service connection.
{14) Contamination. The term "contamination" shall mean an impairment of the quality of
the water which creates a potential or actual hazard to the public health through the
introduction of hazardous or toxic substances or waterborne health hazards in the form of
physical or chemical contaminants or biological organisms and pathogens.
(15) Cross-Connection. A "cross-connection" shall mean any unprotected actual or
potential connection or structural arrangement between a public or a consumer's water
system and any other source or system through which it is possible to introduce any
contamination ar pollution, other than the intended potable water with which the system is
supplied. Bypass arrangements, jumper connections, removable sections, swivel or
changeover devices, and other temporary or permanent devices through which or because
of which "backflow" can or may occur are considered to be cross-connections.
(16) Double-Check Valve Assembly. The term "double-check valve assembly" shall mean
an assembly composed of two {2) independently acting, approved check valves, including
tightly closing shut-off valves attached at each end of the assembly and fitted with properly
located test cocks. This assembly shall only be used to protect against anon-health hazard
(i.e., pollutant). Device must be approved by Foundation for Cross-Connection Control and
Hydraulic Research.
(17) Double-Check-Detector Assembly. The term "double-check-detector assembly" shall
mean a specially designed assembly composed of a line-size approved double-check valve
assembly with a specific bypass water meter and ameter-sized approved double-check
valve assembly. The meter shall register (in U.S. gallons) accurately for only very low rates
of flow and shall show a registration for all rates of flow. This assembly shall only be used to
protect against anon-health hazard (i.e ,pollutant}. Device must be approved by
Foundation for Cross-connection Control and Hydraulic Research.
(18) Degree Of Hazard. The term "degree of hazard" shall be derived from the evaluation of
conditions within a system which can be classified as either a "pollutional" {non-health) or a
contaminations (health) hazard.
{19) Heal#h Hazard. The term "health hazard" shall mean an actual or potential threat of
contamination of a physical, chemical, biological, pathogenic or toxic nature to the public or
consumer's potable water system to such a degree or intensity that there would be a danger
to health. Examples of waterborne health hazards include but are not limited to:
a. Physical - radioisotopeslradionuclides;
b. Chemical -lead, mercury and other heavy metals, organic compounds, other toxins
and hazardous substances;
c. Biological -microorganisms and pathogens like cryptosporidium, typhoid, cholera
and E. Coll.
(20} Non-health Hazard. The term "non-health hazard" shall mean an actual or potential
threat to the quality of the public or the consumers potable water system. Anon-health
hazard is one that, if introduced into the public water supply system could be a nuisance to
water customers but would not adversely affect human health.
(21) Pollutional Hazard. The term "pollutional hazard" shall mean an actual or potential
threat to the quality or the potability of the public or the consumer's potable water system but
which would not constitute a health or a system hazard, as defined. The maximum degree
or intensity of pollution to which the potable water system could be degraded under this
24
May 12, 20118 Regular Meeting
Approved: June 9, 20118
Page 25 of 39
definition would cause a nuisance or be aesthetically objectionable or could cause minor
damage to the system or its appurtenances
(22) Health Agency. The term "health agency" shall mean the North Carolina Department of
Environment and Natural Resources.
(23) Industrial Fluids. The term "industrial fluids" shall mean any fluid or solution which may
be chemically, biologically, or otherwise contaminated or polluted in a form or concentration
such as would constitute a health, or non-health hazard if introduced into a public or
consumer potable water system. Such fluids may include, but are not limited to: process
waters; chemicals in fluid form; acids and alkalis; oils, gases; etc.
(24) Industrial Piping System, The term "industrial piping system" shall mean a system
used by the consumer for transmission, conveyance or storage of any fluid, solid or
gaseous substance other than an approved water supply. Such a system would include all
pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to
produce, convey, or store substances which are or may be polluted or contaminated.
(25) Isolation. "Isolation" is the act of confining a localized hazard within a consumer's
water system by installing approved backflow prevention assemblies. Disclaimer: The Town
of Hillsborough may make recommendations, upon facility inspection, as to the usage's of
isolation devices/assemblies, but does not assume or have responsibility whatsoever for
such installations.
(26) Point Of Delivery. "Point of delivery" shall generally be at the back side of the meter,
adjacent to the public street where the Town of Hillsborough water distribution mains are
located. The consumer shall be responsible for all water piping and control devices located
on the consumer's side of the point of delivery.
(27) Pollution. The term "pollution" shall mean an impairment of the quality of the water to a
degree which does not create an actual hazard to the public health but which does
adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.
(28) Potable Water. The term "potable water" shall mean water from any source which has
been approved for human consumption by the North Carolina Department of Environment
and Natural Resources (NCDENR).
(29) Public Potable Water System. The term "public potable water system" shall mean any
publicly or privately owned water system operated as a public utility, under a current
NCDENR permit, to supply water for public consumption or use. This system will include all
sources, facilities, and appurtenances between the source and the point of delivery such as
valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances
used to produce, convey, treat, or store potable water for public consumption or use.
(30) Reduced Pressure Principle Backflow Prevention Assembly. The term "reduced
pressure principle backflow prevention assembly" shall mean an assembly containing within
its structure a minimum of two (2) independently acting, approved check valves, together
with a hydraulically operating, mechanically independent, pressure differential relief valve
located between the check valves and at the same time below the first check valve. The first
check valve reduces the supply pressure to a predetermined amount so that during normal
flow and at cessation of normal flow, the pressure between the checks shall be less than
the supply pressure. In case of leakage of either check valve, the pressure differential relief
valve, by discharge to atmosphere, shall operate to maintain the pressure between the
checks less than the supply pressure.
The unit shall include tightly closing shutoff valves located at each end of the assembly and
each assembly shall be fitted with properly located test cocks. The assembly is designed to
protect against a health hazard (i.e., contaminant). Device must be approved by Foundation
25
May 12, ?008 Regular Meeting
Approved: June 9, ?008
Page 26 of 39
for Cross-Connection Control and Hydraulic Research.
(31) Reduced Pressure Principle-Detector Assembly. The term "reduced pressure
principle-detector assembly" shall mean a specially designed assembly composed of a line-
size approved reduced pressure principle backflow prevention assembly with a specific
bypass water meter and ameter-sized approved reduced pressure principle backflow
prevention assembly. The meter shall register (in U.S. gallons) accurately for only very low
rates of flow and shall show a registration for all rates of flow. This assembly shall be used
to protect against health hazard (i.e., contaminant). Device must be approved by
Foundation for Cross-Connection Control and Hydraulic Research.
{32) Service Connections. The term "service connection" shall mean the terminal end of a
service connection from the public potable water system, i.e., where the Town of
Hillsborough loses jurisdiction and control over the water at its point of delivery to the
consumer's water system.
(33) Pressure Type Vacuum Breaker. The term "pressure type vacuum breaker" shall mean
an assembly containing an independently operating internally loaded check valve and an
independently operating loaded air inlet valve located on the discharge side of the check
valve. The assembly is to be equipped with properly located test cocks and tightly closing
shutoff valves attached at each end of the assembly. This assembly is designed to protect
against a health hazard (i.e., contaminant) under aback-siphonage condition only.
(34) Water Purveyor. The term "water purveyor" shall mean the consumer or operator of a
public potable water system providing an approved water supply to the public.
(35) Unapproved Water Supply. The term "unapproved water supply" shall mean a wa#er
supply which has not been approved for human consumption by the NCDENR.
(36) Used Water. The term "used water" shall mean any water supplied by a water
purveyor from a public water system to a consumer's water system after it has passed
through the point of delivery and is no longer under the control of the water purveyor.
(c) RIGHT OF ENTRY
(1) Upon presentation of proper credentials and identification, authorized representatives
from the Town of Hillsborough shall have the right to enter any building, structure, or
premises during normal business hours, or at any time during the event of an emergency to
perform any duty imposed by this Ordinance. Those duties may include sampling and
testing of water, or inspections and observations of all piping systems connected to the
public water supply. Where a consumer has security measures in force which would require
proper identification and clearance before entry into their premises, the consumer shall
make necessary arrangements with the security guards so that upon presentation of
suitable identification, the Town of Hillsborough personnel will be permitted to enter without
delay for the purpose of performing their specific responsibilities, Refusal to allow entry for
these purposes may result in discontinuance of water service.
(2) On request, the consumer shall furnish to the Town of Hillsborough any pertinent
information regarding the water supply system on such property where cross-connections
and backflow are deemed possible.
(d) ELIMINATION OF CROSS-CONNECTIONS: DEGREE OF HAZARD
(1) When cross-connections are found to exist, the owner, hisJher agent, occupant, or
tenant will be notified in writing to disconnect the same within the time limit established by
the Town of Hillsborough. The degree of protection required and maximum time allowed for
compliance will be based upon the potential degree of hazard to the public water supply
system. If, in the judgment of the Town of Hillsborough, an imminent health hazard exists
water service to the building or premises where across-connection exists may be
terminated unless an air gap is immediately provided, or the cross-connection is
26
May 12, 3008 Regular Meeting
Approved: June 9, 2008
Page 27 of 39
immediately eliminated. The maximum time limits are as follows
(2) Cross-connections with private wells or other auxiliary water supplies require immediate
disconnection.
(3) All facilities which pose a potential health hazard to the potable water system must have
a reduced pressure principle backflow prevention assembly within 60 days of notification by
the Town of Hillsborough.
(4) All industrial and commercial facilities not identified as a "health hazard" shall be
considered nonhealth hazard facilities. All nonhealth hazard facilities must install adouble-
check valve assembly within 90 days of notification by the Town of Hillsborough.
(5) Water mains served by the Town of Hillsborough but not maintained by the the Town of
Hillsborough shall be considered cross-connections, with degree of hazard to be
determined by the Town of Hillsborough. Degree of protection shall be based upon the
degrees of hazard, as determined by the Town of Hillsborough.
(6) In the event that the Town of Hillsborough personnel do not have sufficient access to
every portion of a private wafer system (i.e., classified research and development facilities;
Federal government property) to allow a complete evaluation of the degree of hazard
associated with such private water systems, an approved reduced pressure principle
backflow prevention assembly shall be required as a minimum of protection.
(7) No person shall fill special use tanks or tankers containing pesticides, fertilizers, other
toxic chemicals or their residues from the public water system except at a Town of
Hillsborough-approved location equipped with an air gap or an approved reduced pressure
principle backflow prevention assembly properly installed on the public water supply.
(e) INSTALLATION OF ASSEMBLIES
(1) All backflow prevention assemblies shall be installed in accordance with the
specifications furnished by the Town of Hillsborough and/or in the latest edition of the North
Carolina Building Code. whichever is most restrictive.
(2) All new construction plans and specifications, when required by the North Carolina
Building Code and the North Carolina Division of Environment Health, shall be made
available to the Town of Hillsborough for review and approval and to determine the degree
of hazard.
(3} Ownership, testing, and maintenance of the assembly shall be the responsibility of the
consumer.
(4) All double-check valve assemblies must be installed in drainable pits wherever below
ground installation is necessary, in accordance with detailed specifications provided by the
Town of Hillsborough. Double-check valve assemblies may be installed in a vertical position
with prior approval from the Town of Hillsborough, provided the flow of water is in an upward
direction.
(5} Reduced pressure principle backflow prevention assemblies must be installed in a
horizontal position and in a location in which no portion of the assembly can become
submerged in any substance under any circumstance. Pit andlor below grade installations
are prohibited.
(6) The installation of any backflow prevention assembly which is not approved by the
Town of Hillsborough must be replaced by one which is approved by the Town of
Hillsborough.
(7) The consumer is responsible to make sure a backflow prevention assembly is working
properly upon installation and is required to furnish the following information to the Town of
27
May 12, 2008 Regular Meeting
Approved: June 9, 2008
Page 28 of 39
Hillsborough within fifteen {15) days after a reduced pressure principle backflow preventer
(RP), double-check valve assembly {DCVA), pressure vacuum breaker (PVB), double-
check-detector assembly (DCDA), or reduced pressure principle detector assembly (RPDA}
is installed:
a. Service address where assembly is located
b. Owner (and address, if different from service address)
c. Description of assembly's location
d. Date of installation
e. Installer (include name, plumbing company represented, plumber's license number)
f. Type of assembly and size of assembly
g. Manufacturer, model number, serial number
h. Test results/report
{8) When it is not possible to interrupt water service, provisions shall be made fora "parallel
installation" of backflow prevention assemblies. The Town of Hillsborough will not accept an
unprotected bypass around a backflow preventer.
{9) Upon notification by the Town of Hillsborough, the consumer shall install the appropriate
containment assembly not to exceed the following time frame:
a Health Hazard...... __.......60 days
b. Nonhealth Hazard..........90 days
{10) Following installation, all RP, DCVA, PVB, DCDA, and RPDA are required to be tested
by a certified backflow prevention assembly tester within ten (10) days.
(f) TESTING AND REPAIR OF ASSEMBLIES
(1) Testing of backflow prevention assemblies shall be made by a certified backflow
prevention assembly tester approved by the Town of Hillsborough. Such tests are to be
conducted upon installation and annually thereafter or at a frequency established by the
Town of Hillsborough. A record of all testing and repairs is to be retained by the consumer.
Copies of the records must be provided to the Town of Hillsborough within ten (10) business
days after the completion of any testing, andlor repair work.
(2) Any time that repairs to backflow prevention assemblies are deemed necessary,
whether through annual or required testing, or routine inspection by the consumer or by the
Town of Hillsborough, these repairs must be completed within a specified time in
accordance with the degree of hazard. In no case shall this time period exceed:
a. Health Hazard Facilities - 7 days
b. Non-Health Hazard Facilities - 21 days
{3) All backflow prevention assemblies with test cocks are required to be tested annually or
at a frequency established by the Town of Hillsborough.
(4) All certified backflow prevention assembly testers must obtain and employ backflow
prevention assembly test equipment which has been evaluated and/or approved by the
Town of Hillsborough. All test equipment shall be registered with the Town of Hillsborough
and shall be checked for accuracy annually {at a minimum}, calibrated if necessary, and
certified to the Town of Hillsborough as to such accuracy/calibration, employing a calibration
method acceptable to the Town of Hillsborough {See Section 1.3.5).
(5) It shall be unlawful for any consumer or certified backflow prevention assembly tester to
submit any record to the Town of Hillsborough which is false or incomplete in any material
9
28
May 12. "_'OOR Regular Meeting
Appro~~ed: Junc 9, 2U08
Pagc 29 of 39
respect. It shall be unlawful for any consumer or certified tester to fail to submit to the Town
of Hillsborough any record which is required by this Ordinance. Such violations may result in
any of the enforcement actions outlined in Section 10 of this Ordinance.
(g) FACILITIES REQUIRING PROTECTION
Approved backflow prevention assemblies shall be installed on the service line to any facility that
the Town of Hillsborough has identified as having a potential for backflow. All assemblies and
installations shall be subject to inspection and approval by the Town of Hillsborough.
The following types of facilities or services have been identified by the Town of Hillsborough as
having a potential for backflow of non-potable water into the public water supply system.
Therefore, an approved backflow prevention assembly may be required on all such services
according to the degree of hazard present. Other types of facilities or services not listed below
may also be required to install approved backflow prevention assemblies if determined
necessary by the Town of Hillsborough. As a minimum requirement, all commercial services will
be required to install adouble-check valve assembly, unless otherwise listed below.
Abbreviations:
DCVA =Double-Check Valve Assembly
RP =Reduced Pressure Principle Assembly
DCDA =Double-Check Detector Assembly
RPDA =Reduced Pressure Detector Assembly
AG =Air Gap
PVB =Pressure Vacuum Breaker
(1) Automotive Services Stations, Dealerships, etc.
a. No Health Hazard: DCVA
b. Health Hazard. RP
(2) Auxiliary Water Systems:
a. Approved Public/Private Water Supply: DCVA
b. Unapproved Public/Private Water Supply: AG
c. Used Water and Industrial Fluids: RP
(3) Bakeries
a. No Health Hazard: DCVA
b. Health Hazard: RP
(4) Beauty Shops/Barber Shops
a. No Health Hazard: DCVA
b. Health Hazard: RP
(5) Beverage Bottling Plants: RP
(6) Breweries: RP
(7) Buildings -Hotels, apartment houses, public and private buildings, or other structures
29
May 12, 2008 Regular Merting
Approved: .tune 9, 2008
Page 30 ot39
having unprotected cross-connections.
a. (Under five stories) No Health Hazard: DCVA
b. {Under five stories) Health Hazard: RP
c. {Over five stories) All: RP
(8) Canneries, packing houses, and rendering plants: RP
(9} Commercial carwash facilities: RP
(10) Commercial greenhouses: RP
(11) Commercial sales establishments (department stores, malls, etc.)
a. No Health Hazard: DCVA
b. Health Hazard. RP
(12) ConcreteJasphalt plants RP
(13) Dairies and cold storage plants: RP
(14) Dye works: RP
(15) Film laboratories: RP
(16) Fire Systems 3/4"(inch) to 2"(inch)
a. No Health Hazard: DCDA
b. Health Hazard: (Booster Pumps, Foam, Antifreeze Solution, etc.): RP
(17) Fire Systems 2 1/2"(Inch) to 10"(inch) (or larger)
a. No Health Hazard: DCDA
b. Health Hazard: (Booster Pumps, Foam, Antifreeze Solution,etc.) RPDA
(18) Fire Trucks: RP
(19) Hospitals, medical buildings, sanitahums, morgues, mortuaries, autopsy facilities..
nursing and convalescent homes, medical clinics, and veterinary hospitals: RP
(20) Laundries:
a. No Health Hazard: DCVA
b. Health Hazard: (i.e., Dry Cleaners): RP
(21) Lawn irrigation systems (split taps):
a. No Health Hazard: DCVA
b. Health Hazard: {Booster Pumps, Chemical Systems): RP
(22) Metal manufacturing,. cleaning, processing, and fabricating- plants: RP
(23) Mobile home parks:
a. No Health Hazard: DCVA
30
May 12, 2008 Regular Mceling
Approved: June 9, 2008
Page 31 0139
b. Health Hazard: R-P
(24) Oil and gas production, storage or transmission properties: RP
(25) Pest control (exterminating and fumigating): RP
(26) Power plants: RP
(27) Restaurants:
a. No Health Hazard: DCVA
b. Health Hazard. RP
(28) Restricted, classified.. or other closed facilities: RP
(29) Sand and gravel plants: RP
(30) Schools and colleges: RP
(31) Sewage and storm drain facilities: RP
(32) Swimming Pools: RP
(33) Waterfront facilities and industries. RP
(h) CONNECTIONS WITH UNAPPROVED SOURCES OF SUPPLY
(1) No person shall connect or cause to be connected any supply of water not approved by
the NCDENR to the water system supplied by the Town of Hillsborough. Any connections
allowed by the Town of Hillsborough must be in conformance with the backflow prevention
requirements of this Ordinance.
(2) In the event of contamination or pollution of a public or consumer potable water system,
the consumer shall notify the Town of Hillsborough immediately in order that appropriate
measures may be taken to overcome and eliminate the contamination or pollution.
(i) FIRE PROTECTION SYSTEMS
(1) All connections for fire protection systems connected with the public water system 2" and
smaller shall be protected with an approved double-check valve assembly as a minimum
requirement. All fire systems using toxic additives or booster pumps, or with an FDC
installed, shall be protected by an approved reduced pressure principle detector assembly
at the main service connection.
(2) All connections for fire protection systems connected with the public water system
greater than 2" shall be protected with an approved double-check detector assembly as a
minimum requirement. All fire protection systems using toxic or hazardous additives or
booster pumps, or with an FDC installed, shall be protected by an approved reduced
pressure principle detector assembly at the main service connection.
(3) All existing backflow prevention assemblies 2-1/2"and larger installed on fire protection
systems that were initially approved by the Town of Hillsborough shall be allowed to remain
on the premises, as long as they are being properly maintained, tested and repaired as
required by this Ordinance. However, if the existing assembly must be replaced (once it can
no longer be repaired), or in the event of proven water theft through an unmetered source,
the consumer shall be required to install an approved double-check detector assembly or
reduced pressure principle detector assembly as required by this provision.
Q) ENFORCEMENT
(1) The consumer or person in charge of any installation found not to be in compliance with
f~
31
May 12, ?008 Regular Meeting
Approved: June 9, 2008
Page 32 of 39
the provisions of this Ordinance shall be notified in writing with regard to the corrective
action(s) to be taken.
(2) Such notice must explain the violation and give the time period within which the violation
must be corrected. The time period set to correct a violation shall not exceed 30-days after
receiving notice unless otherwise specified by Section 4. If the violation has been
determined by the Town of Hillsborough to be an imminent hazard the consumer shall be
required to correct the violation immediately.
(3) In the event a consumer is found in violation of this ordinance and fails to correct the
violation in a timely manner or to pay any civil penalty or expense assessed under this
section, water service may be terminated, and shall be reestablished when the violation is
corrected and any applicable civil penalties are paid.
(d) The violation of any section of this ordinance may be punished by a civil penalty listed
as followed:
a. Unprotected cross-connection involving a private water system which creates an
imminent hazard - $1,000.00 per day not to exceed $10,000.00.
b. Unprotected cross-connection involving a private water system which is of a
moderate or high hazard - $500.00 per day not to exceed $5,000.00.
c. If in the judgment of the Town of Hillsborough, any consumer, manager, supervisor,
or person in charge of any installation is found to be in noncompliance with the
provisions of this Ordinance and/or neglects their responsibility to correct a violation,
water service may be discontinued until compliance is achieved.
d. Failure of a consumer or certified tester to submit any record required by this
Ordinance, or the submission of falsified reports/records may result in a civil penalty of
up to $500.00 per violation. If a certified backflow prevention assembly tester submits
falsified records to the Town of Hillsborough, the Town of Hillsborough shall
permanently revoke that tester.
e. Failure to test or maintain backflow prevention assemblies as required - $200.00 per
day.
(5) Enforcement of this program shall be administered by the Utilities Director of the
Town of Hillsborough or his/her authorized representative."
Section 2. All provisions of any "1'oxrn 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 the1,,'{,~Jt day oi" /1~ 2008.
Aycs: _ !.' ~ _
Absent or excused _ ~_ ~
Noes: ~_ ~ t7 , ~lG~f~2?,~~~~iLc%~~...
__..
Dona t~. Armbrister
Town Clcrk
13
32
May 12, 2008 Regular Meeting
Approved: June 9, 2008
Page 33 of 39
1~5 ~oo~~s/a - 9
A RESOLUTION AUTHORIZING THE SUBMITTAL O
THE ANNUAL UPDATE
TO THE 2005 - 2010 CONSOLIDATED HOUSING PLAN
FOR ORANGE COUNTY, NORTH CAROLINA
SE IT RESOLVED by the Hillsborough Town Board of Commissioners, that the
Commissioners authorize the Manager or his designee to submit the Orange County
Consolidated Plan for Housing and Community Development Programs Annual Update to the
U.S. Department of Housing and Urban Development, including all understandings, assurances,
and certifications required.
BE IT FURTHER RESOLVED that the Manager or his designee is hereby designated as the
authorized representative of the Town to act in connection with submittal of the Annual Update
and to provide such additional information as may be required.
This the 12`s day of Ma , 2008.
_ --- 1~
Tom Stevens; -MaytSr ~ - -----. __..... _ _ _
,~~,t~u,.,,,r~~~
~ {~e~ ~ ~r
Toj Ofi~ 4n S
~~ O
~ ~..='
,.
101 East Orange Street P O. Box 429 Hillsborough, North Carolina 27178
33
May 12, 2008 Regular Meeting
Approved: June 9, ?008
Page 34 of 39
~~sa~~~s~.~ -~ ,~
A RESOLUTION AUTHORIZNG
THE ORANGE COUNTY •'
FY 2008-2009 HOME PROGRAM DESIGN
BE IT RESOLVED, by the Hillsborough Town Boazd of Commissioners, as a member of the Orange
County HOME consortium, approves the following activities for the 2008-2009 HOME Program
Homebuver Assistance
Funds would be allocated to the Orange Community Housing and Land TTUSt to assist first time
homebuyers earning loss than 80 percent of the area median income to purchase homes county-wide.
Funds would be provided as a grant to the Land Trust.
(Requested amount: 3150,OOOj $200,400
Funds would be allocated to Orange County Habitat for Humanity to provide deferred payment zero-
interest second mortgages for six homes throughout Orange County. Homes would be sold to households
earning between 30 percent and 80 percent of the area median income.
(Requested amount: 5300,000) $120,0(70
Honsius Rehabiittation
Ftmds would be allocated to Community tUtcrttativcs for Supportive Abodes (CASA) for the repair of
five duplexes on Pritchard Avenue Extension in Chapel Hill that w911 be leased to individuals that are
disabled and(or chronically homeless.
(Requested amount: 5232,619) S43S,225
Oaerational Sunoort
Funds would be allocated to Orange Community Housing and Land Trust as a Community Housing
Development Organization for administrative expenses.
(Requested amount: 335,000) $ 33,000
New Construction
Funds would be allocated to the Town of Hillsborough for infrastructure development in the Highland
Woods subdivision in the Northern Fairview community.
(Requested amount: 3100,000) $ 56,250
Program Admtnistratiwn $ 66,176
TOTAL FY 2008-2004 HOME PROGRAM FUNDS $810,651
BE IT FURTHER RESOLVED, that the Town Manager is hereby designated as the authorized
representative of the Town to act in connection wilt the submission of this plan and to provide additional
information as may be required by the U.S. Department of Housing and Urbankevelopmectt.
~~ ~ r,.
This the l2~ day of May, 2 8. ~'~~~ `~~ ~) ~`~8•'~ ~~~
'C~ `, .
y' ~
.: {~
.._ .... _. __. ,- ~ T ,,,~
Tom Stevens, M.,~,ysr~'"- ,~y
~'hrrt~~uN*s
l01 Eastlh~ange Sirreet P.D. Box 429 • Hillsborough, Nonh Carolina 27278
34
o,~ ~ a ~~,
May 12, 2008 Regular Meeting
Approved: June 9, 2008
Page 35 of 39
TORN OF HiI,LSBOROUGH BOARD OF COMA4ISSIONERS
RESOLUTION AMENDING A SPECIAL USE PERMIT SUBJECT TO
SPECIAL CONDITIONS AFFECTING 40.13 ACRES OF LAND IDENTIFIED AS PIN
9874-38-1861 and 9874-49-0155; TAX A'IAP N0.4.37.A.3c & 3d
~k'HEREAS. the Town of Hillsborough Board of Commissioners previously approved a
Special Use Permit authorizing the development of 40,13 acres of land located on the south side
of US 70 B}~}~ass, between Latta Road and Gwenn Road, said parcels bearing PINs 9874-38-
1861 and 9874-49-0155; TAX MAP NO. 4.37.A.3c R 3d, said parcel being owned by
Hillsborough Residential Associates; and
1l'}~IEREA5, the applicant has submitted a modification request to that approved Permit
consistent with a negotiated settlement to allow a revised project to move forward; and
WHEREAS, the conditions of approval in Exhibit 1 detail all the conditions of that
settlement and language in those conditions control if the details of the referenced drawings
conflict with the written conditions;
NOW, THF..REFORE, BE tT RESOLVED by the "Town of Hillsborough Board of
Conumissioncrs, on motion of ,Q,ej~ ~p/,~/~rl/ _ _ ___ seconded by
/YJ~/( ,2i~V ,this l2`h day of May, 2008 as follows; w
1. The Board of Commissioners h~~s considered all the information presented to it
both in support of and in opposition to the application at the February 25, 2008 and March 20,
2008 public hearings;
2. 'The Board of Commissioners finds that the requested permit is within its
jurisdiction according to the Table of Permissible Uses, that the application is complete, and that
if the proposed development is completed as proposed in the application, subject to the Special
Conditions attached hereto, it will comply with the requirements of the Zoning Ordinance.
3. The Special Conditions attached to the Special Use Permit as Exhibit l are
intended to preserve andlor promote the health, safety and welfare of the surrounding areas and
the Town of Hillsborough in general, and to insure that the Performance Standards established
by Section 4.48 of the Zoning Ordinance are met.
4. Upon adoption of this Resolution, the Town of Hillsborough shall issue a
modified Special Use Permit in the standard form to replace the one recorded at Boak 3597 Pagc
33 and notice of this decision and issuance of the modified special use permit shall he
transmitted forthwith in accordance wish Section 4.41.10 of the Zoning Ordinance.
35
May 12, 2008 Regular Mccting
Approved: June 9, 2008
Page 36 of 39
Vv'HEREFORE, the foregoing Resolution was put to a vote of the "town of Hillsborough
Board of Commissioners this 1 Z`" day of May, 2008, the result of which vote was as follows:
Avcs:
Noes: "~ "
Absent or Excused: -~
Dated: ~~~~ ~~__s~~_ _ /.t~L, ,
Doi ~a Armbrister Towi---~ -
Cek
Exhibit 1
1. The plans sealed April 20, 2006 are the plans approved by this permit, including
support materials. .9henaate /Mans to use the Continuing Care Retirement Communit~~
rnodcl rather than the MAHS model are also approved. IJ this model is selected and
impleme~ned the plans approved are dated March 20, 2008 including support
material, conditions 13-22 below rill he void and eonditions 23-37 rill govern.
2. The transportation improvements recommended by the traffic impact study dated
October 2002 will be installed at the developers expense before occupancy of the
project. In addition, the installation of a traffic signal at the applicant's expense at the
Gwenn Road entrance if the NCDOT will pern~it its installation.
3. The applicant will dedicate right-of-way along US 70 Bypass as necessar}~ to achieve
this development's'/z of the ultimate width of l00 feet (if necessary}.
4. Detailed site plan and engineering drawings will be submitted and approved by the
Town staff prior to construction regarding, but not limited to: zoning, water, sewer.
stormwater, and fire protection.
S. Home Owners Association documents must be reviewed and approved by town staff
before occupancy perntits are granted for any residential structure.
6. T17c comm~nlity approved by ibis special use permit is intended to be exempt fram the
Fair Housing Act pursuant to Section 807(b)(2)(c). The developer shall include in the
HOA documents covenants to assure compliance with HUD regulations for elderly
housing.
7. The perimeter walking trail will be constructed predominately in the voluntary
portion of the bnfCer with minor intrusions into the required buffer. The trail will be
of asphalt and 6'-S' in width.
8. A meandering sidewalk, as approved by NCDOT, will be constructed io serve as a
walking trail along the right of way for US 70 Bypass with end connections out to the
esistiug road pavement and connections to the site circulation system. The surface of
this sidewalk will likely be concrete, but determined by NCDOT' standards.
9. The. applicant agrees to allow the adjacent parcel to the west (PIN 9874-39-3403) to
couneci to the entrance road.
36
May 12, 2008 Regular Meeting
Approved: June 9, 2008
Page 37 of 39
0. The required portion oi'the perimeter buffer and the Neuse Basin buffers shall remain
intact without grading. Some tree removal may occur in the voluntary buffer, but it
will be limited and the buffer will be supplemented with new plantings if needed to
meet the ordinance standard.
l ] . A range of services to allow residents to remain in independent dwelling units as
detailed in Performance Standards and Supplemental Materials document dated
10/03/2002 is expected to continue for the life of the project.
12. "fhe applicant agrees to reserve Tract 3 for development of 50 units of HUD 202
housing until October 1, 2005 and contribute 510,000 toward the HUD 202
application fee. It is anticipated 50 units can be placed on this parcel. Any portion of
the 50 u nits that is not made part of the HUD 202 application will be made available
for other moderate to low-income housing programs including but not limited to the
Orange Conununity Housing and Land Trust. In the event that the NtJD 202
application has not received funding by October 1, 2005, the applicant may elect to
pursue another form of moderate to low-income housing for Tract 3.
13. That portion of the plans dated October 3, 2003 for the Corbinton Commons Property
and Project which depicted the "Carillon" assisted living facility shall be revised to
include a revised site plan replacing the "Carillon° assisted -wing facility with a
"multimtit assisted housing with services" facility consistent with N.C. Gen. Stat.
13l D-2a(7a) (hereinafter referred to as the "MAHS Facility"j. A copy of the revised
site plan is attached hereto.
14. The MAHS Facility will make at least the following services available to its residents.
The person or entity with whom applicant contract for operation of the MAHS
Facility (the "MAHS Facility Operator") may, in its discretion, charge its residents
additional costs for these services. The "menu" (including cost) for such services
shall be kept up to dale by the MAHS Facility Operator, and s}rall be made available
to all residents~'applicants at or before the time that such residenUapplicant enters into
written agreement for residency at the MAHS Facility. The services required to be
made available to residents of the MARS Facility are:
(i) recreational activities;
(ii) housekeeping services;
(iii) laundry services;
(iv} local transportation services of shopping and local community
activities; and
(v) dietarylnutritional services with emphasis on serving the
nutritional needs of residents with diabetes, high blood pressure
and other common, chronic health conditions.
l5. The MARS Facility Operator shall prepare and file with the Town Clerk a "Resident
Grievance Procedure/Bill of Rights" prior to issuance of a Certificate of Occupancy
for the MAHS Facility, and all changes to such "Resident Grievance ProcedureBill
of Rights" shall likewise he filed with the Town Clerk;
IG. The MAHS Facility Operator shall employ a full time Program Coordinator, who
shall be based on the site. The MAHS Facility Operator or its Program Coordinator
shall provide the Orange County Department of Aging Services periodically with up
to date infom~ation concerning programming available to residents of the MARS
Facility;
37
May 12, 2008 Regular Mccting
Approved: June 9, 2008
Page 38 of 39
1 Z The MAHS Facility Operator shall file with the Town Clerk annually, on or before
July) of each year after a Certificate of Occupancy for the MAHS Facility is issued.
an inspection report prepared by a qualified, independent, third party specialist
concerning the condition of the MAHS Facility, its grounds, and the types of services
available to residents of the MAILS Facility, and the parties hereto designate Re-
solutions, 1O0 Rivergreen Court, Cary, North Carolina 275] 1 as the qualified.
independent, third party specialist authorised to conduct such inspections. In the
event that Re-Solutions is unable or unwilling to serve in this capacity, then the
?t9AHS Facility Operator shall notify the Town, and t}te MANS Facility Operator and
the Town shall agree upon a substitute inspector;
l8. The MARS Facility Operator will create and administer a "Resident Council" for
residents of the MAHS Facility. The names of the members of'the Resident Council
shall be provided to the Town, and the MARS Facility Operator shall transmit to the
Town Clerk a notice in advance of each Resident Council meeting and a copy of the
agenda for each such meeting. A representative of the Town $oard may attend
Resident council meetings.
]9. The MAHS Facility Operator shall make application to the appropriate State agency
or agencies for any "certificate of need" ("CON") adult care bed(s) which may
become available in Orange County and, if such CON application is granted or if the
MAHS Facility Operator acquires CON adult care beds} for the MAHS Facility in
some other fashion, the MAHS Facility Operator may substitute any CON adult care
bed(s) so granted or acquired for MAHS beds in equivalent number in the MAHS
Facility. The MAHS Facility Operator shall have the right, without requiring further
approval from the Town, to substitute any CON adult care bed(s) so ~~anted or
acquired for MAHS beds in the MAHS Facility without further modification of this
special use permit, up to the maximum bed capacity approved by the Town for the
1l~1AHS Facility.
20. The overall site plan for the Corbinton Commons Property and Project shall be
amended ro eliminate the proposed walking path connection from the Corbinton
Commons Property to Caine Street (located adjacent io the southwest corner of the
Corbinton Commons Property); provided, however, that such walking path
connection may be developed if the Town Board authorizes the connection of the
perimeter path around the Corbintan Commons Property to the Caine Street right-ol'-
waY.
21. Applicant shall, within thirty (30) days following issuance of the modified special use
pcnnit, file a petition seeking voluntary annexation of the entire Corbinton Commons
Property into the corE>orate limits of the Town of Hillsborough.
?Z. The Declaration of Covenants and Restrictions for the single family, detached unit
portion of the Corbinton Commons Project shall include a provision requiring the
Property Owners Association to be forn~ed by the developer to be responsible for
exterior maintenance {including painting and roofing) of the single family detached
dwelling units.
23. The saullnvesrer~~ 4 stony building (nearest storm ~~ond) of the com~~lex shall b~
reduced to 3 stories
38
May 12, ?008 Regular Meeting
Approved: June 9, ?008
Page 39 of 39
24. The faun units lost x~ith tTrat height reductiarr may he added to the duplexes along the
sautheast. The total mnrrher of duplexes will increase to 14 units maximum and the
size limited to 16d0 sf each (excluding garage/
25. The maximum building height measured from the mean elevation of the finished
grade clang the side of the structarre to the peak will be rro more than b5' for 4 start
buildings and no more than 53' for 3 story buildings
?6. There will be no idles beJrirrd (sottheast o~ the duplea~es along the southeast side al"
tJte propert}~
'7. The c ~7erior siding rnaterinls of all CCRC buildings rill incorporate brick t~lor stare
covering at hurt 40°~, of the e.xteria~ x~all sur~ace, in vertical sections; remaining
siding shall be net-rtrul & include a variety of colors
Z8. The development .rhull construct a pedestrian access to Carhin Sn-eet to canned to
doia~ntawn
'9. The existing buffer will be inrpraved to an opaque vegetative buffer-. Nex~ landscape
materials shall carrsist of mixed evergreen species, and plmrtings shall he at least 8'-
10' in height when installed
3U. All existhrg conditions not specific to the ttiIAHS operation model ta~ill carry forward
under this optiar
31. E.xteria• lighting shall not exceed 0.5 footcandles measured at the property line
32. The exterior surface of the parking deck near the storm pond shall be rreated tia~ith the
some f Wish as the buildings in the CCRC portion of the praperq~
?3. The dcrplcxes on the southeast shall be rotated so as !o provide a minimum 75 'buffer
nreusured fi-anr the southeast boundan~ o~~thelrroper-t~~, as sho~a~n at the handout from
the 3,'?0 heca-ing, brrt ~,~Nh the rear alley eliminated (see condition 4 above]
?4. All CCRC units shall receive solid waste collection sen~iees via private collectiar
service, and the Town shall riot have any respwssibility tan provide .valid tvarte
collection services on the CCRC pa•tion of the propert~~; all solid waste collection
services shall be provided by mr authorized contractor%frunchisee in a manner
consistent with the Town's solid waste collection services franchise a-dinarrce
3 ~. The Corbintorr Commons Development agrees that it shall not cause any connections
of the streets iyithin the Carbinton Can:nrars properly to be made to St. Mum's Road.
36.
37. A fence with gate ~ti~ill be installed by the applicant to block neighboring views along
the soutlm~est sewer in easement at Caine St if approved by ulilities
38. Signage for the entire development and components within the development shall
conform with the current zoning requirements and limitations at the time permits for
signs are requested. Where a zoning designation is needed to determine sign
requirements, the Of~ce-Institutional district shall be used in the absence of a
standard for Mixed Residential Special Use.
39