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HomeMy Public PortalAbout05-12-2008 Regular MeetingMay 12, 2008 Regular Meeting Approved: June 9, 20UR Page I of 39 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. May 12, 2008 Regular Meeting Approved: June 9, 2008 Page 2 of 39 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 2 May 12, 2008 Regular Merting Approved: June 9, 2008 Page 3 of 39 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. 3 May 12, 2008 Regular Meeting Approved: June 9, 2008 Page 4 of 39 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 4 May 12, 2008 Regular Meeting Approved: June 9.2008 Page 5 0l~ 39 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 5 May 12, 2008 Regular Meeting Approved: June 9, 2008 Pagc 6 of 39 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. 6 May 12, 2008 Regular Meeting Approved: .lunc 9, 2008 Page 7 0139 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. 7 May 12, ?008 Regular Meeting Approved: June 9, 2008 Pagc 8 of 39 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. 8 May 12, 2008 Regular Meeting Approved: June 9, 2008 Page 9 of 39 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 9 May 12, 2008 Regular Meeting Approved: June 9, ?008 Page 10 of 39 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. 10 May 12, 2008 Regular Meeting Approved: June 9, 2008 Page 1 I of 39 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 May 12.2008 Regular Meeting Approved: June 9, 2008 Page 12 of 39 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 12 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. 13 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. 14 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. 15 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 16 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. 17 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. 18 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 19 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. 20 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 21 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 22 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