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06-09-2008 Regular Meeting
June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 1 of 52 Town MINUTES of HILLSBOROUGH TOWN BOARD --~''-- June 9, 2008 Hills ~ ~lgh 7:00 PM, Town Barn PRESENT: Mayor Tom Stevens, Commissioners Brian Lowen, Michael Gering, L. Eric Hallman, Frances Dancy, and Evelyn Lloyd. STAFF PRESENT: Town Manager Eric Peterson, Assistant Town Manager Nicole Ard, Town Clerk Donna F. Armbrister, Planning Director Margaret Hauth, Lieutenant Brad Whitted, Police Chief Clarence Birkhead, Assistant Utilities Director Will Baker, Finance Director Greg Siler, and Town Attorney T.C. Morphis. Mayor 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 followed. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA There were no comments from members of the public for items not on the agenda. 3. AGENDA CHANGES & AGENDA APPROVAL 7:02:20 PM Planning Director Margaret Hauth asked to add to the agenda an item that would give direction to staff in regards to a text amendment regarding potential uses of the Colonial Inn. She suggested that item be added as Item 9.K. Mayor Stevens noted that an item regarding Solid Waste would be added to the Consent Agenda as Item 8.K. Mayor Stevens moved Item 9.B to the beginning of the Decision Agenda. 7:03:49 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to approve the Agenda as amended by a vote of 5-0. The motion was declared passed. 4. COMMITTEE REPORTS (Critical) 7:04:04 PM Commissioner Dancy said that she and Commissioner Lowen, as well as Town Manager Eric Peterson and Assistant Town Manager Nicole Ard had attended the Legislative Town Hall Day last Wednesday, and had the opportunity to speak to Senator Ellie Kinnaird. She said they had also spoken to Representative Bill Faison and shared information dealing with collective bargaining and annexation. June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 2 of 52 7:04:44 PM Commissioner Lowen stated that Representative Faison had not been able to talk with them at length, but noted he was the one who had actually submitted the legislation regarding changing the annexation laws. Town Manager Eric Peterson said Representative Faison's issue was that he had believed it was "un-American" to do something like that without giving people the opportunity to vote for their elected officials first. He said one of the situations that they had explained was of concern to them was with the utility rates, and the Town had situations where there may be a neighborhood where 90% of the people might want to be annexed because they could save money by addressing the equity issues with the water rates. Mr. Peterson said Representative Faison had responded that he could introduce legislation that said that if such a case existed during the moratorium period that the Town could still do a voluntary annexation. He said Representative Faison had asked them to "pick a number" that could be used. Mr. Peterson said he had originally thrown out the idea of 90%, but after more thought had come to the conclusion that 80% would work better. 7:06:34 PM Commissioner Lowen said he had called Representative Faison to relay that percentage to hiln, but he had not yet returned his call. In any case, he said, Representative Faison had agreed to add additional language to the bill to allow for voluntary annexations during the moratorium period, and they would suggest to him that such annexations could take place if 80% of the residents were in favor of it. Mr. Peterson said if a neighborhood said they were not interested in being annexed, then they would have a subsidy for the Water/Sewer Fund. If they did want to be annexed, he said, they would begin sharing the freight on the General Fund operations. Mr. Peterson said it would be almost a zero gain either way. 7:07:33 PM Mayor Stevens asked should they follow up that conversation with a letter to Representative Faison. There was general agreement to do so. Mayor Stevens asked Mr. Peterson to draft a letter on the Board's behalf, and Mr. Peterson agreed to do so. 5. PRESENTATION A. Presentation by Jim R. Dooley, Hog Day Chairman, to Board and staff and invitation to 2008 Hog Day Event 7:08:30 PM Jim Dooley, Hog Day Chairman, extended a sincere "thank you" to the Town Board for its work all year long, and well as the help and support they provided to the Hog Day event. He provided the Board with several gifts to commemorate the 2008 Hog Day event, scheduled for June 20 and 21. Mr. Dooley noted they would be moving towards almost total recycling this year, which had been a challenge. 7:09:41 PM Margaret Cannell added her thanks to the Town Board as well as the staff for their help in planning and coordinating the event. 2 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 3 of 52 6. REPORT FROM THE TOWN MANAGER 7:10:44 PM Mr. Peterson stated that Emily Bradford had been working on the Balanced Scorecard, noting they had planned to begin an annual employee survey to start creating benchmarks for themselves. He said those surveys would be going out to employees in the next two weeks, and the results of that survey would be relayed to the Board. Mr. Peterson said another effort Ms. Bradford had been working on was to set a target for next fiscal year to see how low they could go to reduce the gallons of petroleum they used over the course of the year, as opposed to just setting a target for "x" percent decrease. He said that was an effort to challenge departments to start coming up with ideas of how they could reduce their fuel use. Mr. Peterson said they would begin adding to the monthly reports a chart of fuel usage by department and comparing it to what was used in the same month last year. He said that would allow them to keep up with the use and keep it in the forefront of everyone's minds, but added the problem would not go away and would have to be dealt with. Mr. Peterson said Ms. Bradford had also taken the recommendations from the energy audits done last year and put them into a checklist that included the implementation dates and the status update. He said the departments would soon receive those checklists so they could move forward in pursuing those recommendations as time and budgets allowed. Mr. Peterson said he wanted to recognize Lieutenant Brad Whitted, who had just been prompted to the Lieutenant over Patrol. He said Lt. Whitted had worked in multiple divisions through the Department and had excelled wherever he had worked. Mr. Peterson said Lt. Whitted was sitting in tonight for Chief Birkhead, and wanted to congratulate him on his promotion. Mr. Peterson said finally, he wanted to call attention to the new chairs in the meeting room. He said the chairs had been purchased for use in the training room and by the Safety Officer, but after talking with several Board members they had suggested the older chairs in the meeting room should be rotated out. Mr. Peterson suggested the Board members test them out tonight, and if they found the chairs acceptable, additional chairs could be purchased for permanent use in the meeting room. He added that the chairs were affordable at a price of $102 each, and noted that other advisory boards spent long hours in the meeting room and he was sure they would appreciate the new chairs as well. Mayor Stevens commented the new chairs were a great improvement. Other Commissioners agreed. 7. DEPARTMENTAL REPORTS 7:16:24 PM Assistant Town Manager Nicole Ard stated that the County would soon start the sidewalk on Hassell Street, and wanted to alert the Board that barricades would be appearing soon, particularly at the driveway. 3 June 9, 2008 Regular Meeting Approved: July I4, 2008 Page 4 of 52 8. ITEMS FOR DECISION -CONSENT AGENDA A. Consider Approval of the Minutes of the March 20, 2008 Joint Public Hearing; the April 17, 2008 Joint Public Hearing; the May 12, 2008 Regular Town Board Meeting; and the May 12, 2008 Closed Session B. Adoption of Ordinance to Annex the corrected alignment area for the connection of Cates Creek Parkway to Old NC 86 (part of TMBL 4.45..2e) C. Adoption of Section 160A-383 consistency statement for ordinance amending Section 20 of the Zoning Ordinance to establish a process to amend the Land Use Plan in conjunction with rezoning requests D. Adoption of an ordinance amending Section 20 of the Zoning Ordinance to establish a process to amend the Land Use Plan in conjunction with rezoning requests E. Consider approval of Addendum # 1 to CCD Corp's Water/Sewer Extension Contract F. Consider Release of Granview, Phase II Right of Way Bond G. Consider authorizing an amendment to the Class and Pay Plan which would increase the top of the salary ranges by 7.5% H. Consider Adoption of an Ordinance amending Chapter 14, Section 8 Deposits of the Town Code -Water/Sewer Customer Credit Re-Evaluation for the purpose of Reducing Deposit Requirements I. Consider Approval of a Contract with Dixon Hughes, PLLC, to perform audit for fiscal year ending June 30, 2008 J. Consider Approval of Various Budget Amendments K. Item added regarding Solid Waste 7:17:16 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to approve the Consent Agenda as amended by a vote of 5-0. The motion was declared passed. 9. ITEMS FOR DECISION -REGULAR AGENDA B. Authorize Eagle Scout project to build 913 feet of trail in Kings Highway Park 7:17:44 PM Ms. Hauth noted that not in the agenda material was an additional request. She said since the bulk of the project was clearing land there would be soiree yard waste generated, and they were asking that Town crews pick it up on site and dispose of it. Greg Cook, a pending Eagle Scout, said this was 913 feet of trail along the inner river in Kings Highway Park, with the only cost being two 4x4x10 foot boards. He said that Parks and Recreation Chair Bryant Warren had offered to supply those. Mr. Cook said the trail would be on the north side of the river on the south side of the road, and would follow the river around the bend. 7:17:52 PM Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to authorize the Eagle Scout project as proposed by a vote of 5-0. The motion was declared passed. 4 June 9, 2008 Regular Meeting Approved: July 14.2008 Pagc 5 of _52 A. Consideration of Approval of the FY2008-2009 Budget and FY2009-2018 Financial Plan 7:21:06 PM Mr. Peterson distributed to the Board an updated Budget Ordinance for consideration of adoption, and provided information on the minor changes made since the last budget workshop: • Water/Sewer Fund - I-85 project originally deferred to FY2010 was moved to FY2009 due to its urgency. • Orange Grove Road project was pushed back to FY2010 • Water connection fee reduced from $35 to $20. • Contingency in the General Fund had been increased to $59,000. • They did not make any adjustments on fuel, but had left that as a 15% increase. It was likely that additional funds from Contingency would be needed to address fuel costs in the coming year. Mr. Peterson said regarding the cost containment strategies mentioned in the Budget Message, that once the budget was completed as well as some other things they would begin developing some benchmarking standards. Mr. Peterson said sometime late this summer he would met with each division and department individually to make sure that employees understood the challenging times the Town would be facing over the next couple of years. He said they wanted to use their existing structure of how to analyze their problems, use their annually operation reports, ask questions of employees, and start their budget process from a staff perspective months earlier than normal. Mr. Peterson said he wanted to ask departments specifically to blend in with their annual operation reviews the development of a set of cost reduction strategies, which would identify ways to reduce their budgets by certain percentages so that tax rate or water/sewer rate increases could be avoided. He said that would allow departments to develop a list of options that could be used if it became necessary. Mr. Peterson said it was important to act now and develop that list of options and have them available for the Board by February l , which could then be prioritized. He said that would give the Board the benefit of options and the staffs' best ideas. 7:27:46 PM Commissioner Hallman asked if methods in ternls of cost of government calculations would be a part of that. Mr. Peterson said yes, noting that would be a part of the benchmarking. He said as an example that would allow staff to begin explaining why they needed more resources or did not need more. 7:29:39 PM Mayor Stevens commented that he appreciated the forward thinking, and would like to see the Town Board be as supportive as possible to try to reduce costs while continuing the quality of services and make those services as effective as possible for citizens. He said he appreciated the attitude in trying to develop that culture. Mayor Stevens said he would be interested in some involvement by citizens, either through a communication process or perhaps a temporary citizens' task force who would look into those issues. He said he believed citizen involvement would also be advantageous. 5 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 6 of 52 7:32:10 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to adopt the Budget Ordinance as presented by a vote of 5-0. The motion was adopted unanimously. 7:32:31 PM Commissioner Hallman reiterated that even though the Board had acted quickly to adopt the budget it was not because they had not given lots of thought to it and benefited from the tremendous job the staff had done. He said he believed it was the responsible thing to do long term. 7:32:58 PM Commissioner Lowen agreed, as did Mayor Stevens. C. Consideration of Preliminary Plan for anon-residential subdivision to create one new lot from 39.79 acres on NC 57 7:33:33 PM Ms. Hauth stated that for all intents and purposes, this lot already existed because it was separated from the remainder of the parcel by a creek, and the applicant was requesting to legally create that already existing lot. She said the request was somewhat unusual because there was no specific development planned at this time, and the applicant was asking to not do some of the technical infrastructure work that would normally be required before the lot was developed. Ms. Hauth said by allowing the creation of the lot the Town was not giving up the opportunity to have an applicant do things that would normally be required, such as stormwater management, sidewalks, and others; such things would only be deferred to a later date and under a different ordinance. Ms. Hauth said the Planning Board had recommended approval and was comfortable with the fact that the stormwater and sidewalk plan would be deferred until the property was actually set for development. She said the Planning Board had asked, but not as a condition, that some of the plant materials be changed to something more native in the buffers, such as Red Buds. Ms. Hauth said the Parks and Recreation Board had recommended that the applicant submit fees in lieu of land dedication for recreation space, and the applicant was willing to do that. She said that payment would be done at the final plat stage before the lot became real and was ready to sell. 7:36:03 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved to adopt the Preliminary Plan for anon-residential subdivision to create one new lot from 39.79 acres on NC 57, with the addition of Red Buds in the buffers and the payment-in- lieu of recreation space, by a vote of 5-0. The motion was declared passed. D. Consideration of an ordinance to rezone 2 parcels (approximately 8 acres) on Eno Mountain Road from Multi-Family to R-20 (TMBL 4.38.B.24 and 24D) 7:36:49 PM Ms. Hauth said this was a request from the Simpson family to rezone their property near the intersection of Orange Grove Road from Multi-Family to R-20, which would bring the property zoning into compliance with the Future Land Use Map. She indicated that the Board would need to adopt the Statement per NC Gen. Stat. 160A-383 as required by ordinance. Ms. Hauth stated that the Planning Board had unanimously recommended approval. 6 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 7 of 52 7:38:11 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to approve the Statement per N.C.G.S. 160A-383 that the rezoning was consistent with the Town's Comprehensive Plan by a vote of 5-0. The motion was declared passed. Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to approve the rezoning by a vote of 5-0. The motion was declared passed. E. Consideration of an ordinance to rezone 9.65 acres on the north side of Cardinal Drive from High Intensity Commercial to Multi-Family (TMBL 4.42.B.3k) 7:38:55 PM Ms. Hauth stated this was the request from Kimeast Real Estate Investment Trust through Miller Valentine Residential Development to rezone the 9.65 acres on the north side of Cardinal Drive from High Intensity Commercial to Multi-Family. She indicated that Greg Spears and Steve English, representing the applicant, were both present and would like to speak to the Town Board. Ms. Hauth said this property was behind and just west of the Holiday Inn Express. She said the Land Use Plan did call for that property to be Retail, but at the Planning Board meeting Mr. English had made the argument that this was the last parcel with that designation and it was not unreasonable to think that it could be a different designation since it was surrounded by other designations. Ms. Hauth said the Planning Board had unanimously recommended denial of the request for the reasons stated in their minutes, which were provided in the Board's agenda packet. She said the Planning Board had indicated a willingness to look at the proposal again if it came in under the Special Use provisions so that they could look at the details of the development of the site. But, she said, as a general purpose rezoning the Planning Board did not think it was consistent with the Land Use Plan. 7:40:09 PM Commissioner Lowen said from the Planning Board minutes it did not appear that they were "flat out" opposed to the rezoning. He said there were comments such that the Planning Board had actually wanted to see it come back sooner since they had recommended waiver of the one-year waiting period before the applicant reapplied for a Special Use Permit. Ms. Hauth said it was safe to say that the Planning Board was very willing to entertain a multi- family special use rezoning on this property so that they could look at all the specific details of exactly where structures would be sited, exactly what type of multi-family complex it was, how many dwelling units there would be, and the like. She said as a flat rezoning without the opportunity to look at any of the details, the Planning Board was uncomfortable. 7:41:00 PM Commissioner Halhnan said he needed to disclose for the record that he had received a call from Mr. English, but he had informed him that he could not discuss this topic. Commissioner Lloyd said she had received a call from Mr. English as well, but had not talked with him. 7:41:35 PM Mr. Peterson commented that one thing that may support the Planning Board's recommendation as far as not approving the rezoning was that they had some challenges with the 7 June 9, 2008 Regular Meeting Approved: July I4, 2008 Page 8 of 52 residential areas that were very close to this property. He said allowing an apartment complex on that property without any control as far as conditions placed on the property may be increasing the probability of having similar problems such as crime concerns. Mr. Peterson said if the property were to go through the Special Use Permit process, it would allow more thought to be given to how the property was developed and allow the Town Board to add conditions that would be of benefit to the area. 7:42:21 PM Commissioner Gering agreed that the Planning Board's recommendations were all consistent with what the Town Board had done in the past by wanting to see site plans and have the chance to approve them at the same time as the rezoning. He said that had been applied before, particularly to the historic district, and although that area was different the reasoning was the same. 7:43:05 PM Steve English, with Miller Valentine Residential Development and speaking as the applicant, stated that the property was designated in the Land Use Plan as being on the end of a strip that was designated to be retail. He said the property had been marketed as such for several decades for some type of commercial purpose with no success. Mr. English said their proposal to rezone would allow up to nine units per acre, but their plans were to build only 72 units, which would be constructed as affordable housing using the NC Housing Tax Credit program. Mr. English said the key issue was the timing, in that they were planning on using the NC Housing Tax Credit program. He said given the rezoning and conditional use process that Hillsborough had they had decided it was better to go through a more measured process and go through a regular site approval for the site once they had the zoning in place. Mr. English said they were in a position that in order to receive the tax credits which provided funded, they needed to have the property zoned. He said they were fully prepared to cooperate with staff in all measures of site plan approval in making sure the site met all requirements of the Town. Mr. English said the property had ranked very well in terms of its scoring for tax credits; there was a high degree of probability that if they did receive the rezoning that they would receive the tax credits and would move forward with the project. He said the property would provide rents that were very affordable to the market and would be located in an area that was close to retail, and with gas prices the way they were it was important to give people a chance to live near where they work and shop. Mr. English said they were fully prepared to develop a site plan through the regular channels and make sure that it inet all standards of the Town. 7:48:40 PM Commissioner Hallman said if they were to take the option to come back with a multi-family SUP, would that close them out of receiving tax credits. Mr. English said it would close them out for this year; they would be delayed for an entire cycle. He said the same situation would exist, in that they would not know if the tax credits existed prior to the need to submit the requirements for the SUP. Commissioner Hallman said then they still would not have assurance on the tax credits. Mr. English said what they needed for assurance on the tax credits was to have the basic zoning in place that would allow them to build the 72 units on the site. Commissioner Hallman said they 8 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 9 of 52 could do that with the multi-family special use process. Mr. English said the confirnlation of the zoning would need to occur by June 24. He said one option might be that if the Board agreed that they could move forward with a conditional use process, they could submit that and see if they could still obtain tax credits using that process. Mr. English asked if the timing for the conditional use still on a quarterly schedule. Ms. Hauth stated the conditional use schedule was monthly; special uses were quarterly. She said she believed what Commissioner Hallman was asking for was that the applicant had gotten the feedback from the Town that they wanted to see them apply under the special use process, and why not go ahead and do that now in advance of next March's tax credit application process. Ms. Hauth said she believed what Mr. English was saying was that every year there was a different cycle of projects and he had no way of knowing if that site would score the same next year as it scored this year. Mr. English said that was correct, in that they had no way of knowing how it would score, or what other competing properties would be in line. He said they had also secured additional funding from the Federal Home Loan Bank and those funds would also be in jeopardy of not being available next year. 7:51:25 PM Town Attorney T.C. Morphis apologized to Mr. English, in that he did not know that a site plan would be presented, and that this was the first he had seen of the fact sheet. He said with a general district rezoning, you could not consider project detail specifics, in that it had to go through the conditional use or special use process. Mr. Morphis said the only thing the Board could consider tonight was whether a general district multi-family rezoning was appropriate for this site. 7:52:11 PM Mayor Stevens said he believed they all agreed that there was a need for affordable housing, and if they were not to get the tax credits for some reason then that would mean that the project would not be built. He stated if the Board zoned the property and the tax credits did not come through, then they would have this piece of property zoned for something that from the Town's point of view would be wide open for any multi-family project. Mayor Stevens said that would put the Town in a situation that would be cause for concern. Mr. English stated if the property were rezoned multi-family and they did not receive the tax credits, then the applicant had already stated that they would want to go back and have it rezoned for some commercial use. Mr. English said the other factor would be that if there were some other type of multi-family built there, would that be such a detriment. He said that would not necessarily meet the affordable housing needs, but this way the Town would have the opportunity to meet the affordable housing needs. 7:54:23 PM Mayor Stevens stated there was some concerns about placing affordable housing next to the highway, and if that was entirely the best location. He said there inay be ways to make it happen, but at face value there was concern. Mr. English agreed it may not be the very best site. 9 June 9, 2008 Regular Meeting Approved: July 14,2008 Page 10 of 52 7:54:46 PM Mr. Peterson said just looking at 9 units an acre, that even if you maximized it that would be 81 units. He stated when you went through a rezoning you could say you would have an on-site manager, but the Town had no guarantee of that and that was a very critical point to focus on when considering a rezoning. Mr. Peterson said one reason for that was that the Gateway Apartments just across the street from this site had a horrendous record of management, and it made it very difficult for the Town and the Police Department. Lieutenant Brad Whitted stated that complex had an on-site manager off and on, but it seemed they were always in transition. He said that had certainly caused difficulties for the Police Department. Mr. Peterson said by going through the SUP process, the Town would be able to address that. He stated that situation had handicapped the Police Department's efforts as well as Code Enforcement efforts to address problems not only at Gateway but in the surrounding area. Mr. Peterson said to allow a rezoning now with just someone's word was a big risk with the concerns already existing in the area. He said if the rezoning were to be approved, the Town needed a lot more assurances. 7:57:02 PM Commissioner Lowen said he believed the concerns about the apartments being placed so close to the highway were overblown, noting that housing complexes, both high end and low end, were located near highways not only in North Carolina but all across the country. He said that had never been a concern for him, and thought it was more important to provide family affordable housing. Commissioner Lowen said he understood the concerns about what might or could happen, but did not want to see this applicant go away. He stated the Town needed to do snore for working families, and believed that even though this project would be very close to Gateway he believed they could make it work. Commissioner Lowen said it did not appear that the Board was amenable at this point, but he would not want to see Mr. English and his organization go away because the Town needed the affordable housing. He asked Mr. English about the cost of the process and what effect that might have. Mr. English stated that a lot of the costs of the project associated with the rezoning were things that were required in the site plan in any case; it was just a matter of when you would spend those dollars and whether you knew you could have the zoning on the property prior to moving forward with those expenditures. He stated they were trying to establish affordable housing for Hillsborough and were willing to work with the Town in any way possible. Mr. English stated if the Town Board was not able to support the rezoning, then they would try to work in any way they could through another process in order to keep the project moving forward. 7:59:48 PM Commissioner Lowen stated that he did not believe that the points this project scored with the NC Housing Tax Credit program would change between now and when they reapplied. He said the project would still score high because of the need for affordable housing in this area. Mr. English agreed it may, but there were always unknowns and the rezoning would provide a high probability of moving forward. He said if the Town Board would not support the rezoning then there was no way to predict whether or not it could move forward. Mr. English said the other factor was that their contract to purchase the land had an expiration date, and that contract to purchase would likely have to be renegotiated which might prove problematic. 10 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page I I of 52 8:01:06 PM Commissioner Hallman stated if they were voting on the project itself tonight he would support it, but they were voting on the rezoning. He said the entire Town Board supported affordable housing, but that was not the issue before them now. Commissioner Hallman said to approve the rezoning now would not be consistent with how the Board had acted in the past. 8:01:38 PM Commissioner Dancy stated she believed by approving the rezoning they would be "putting the cart before the horse." 8:01:42 PM Commissioner Gering agreed that the process was not in the applicant's favor, but was supportive of making the project eventually successful. He said he was also supportive of waiving the one-year waiting period as recommended by the Planning Board. 8:02:06 PM Commissioner Hallman agreed the Board was supportive of the concept. 8:02:26 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the Board moved to adopt the Statement per N.C.G.S. 160A-383 that this rezoning was inconsistent with the Town's Comprehensive Plan by a vote of 5-0. The motion was declared passed. 8:03:04 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to deny application by a vote of 5-0. The motion was declared passed. 8:03:28 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to waive the one year requirement for this applicant to come back with an affordable housing option by a vote of 5-0. The motion was declared passed. F. Consideration of an ordinance to rezone 11.52 acres current zoned Limited Office and County R-1 to be rezoned Multi-family Special Use (TMBL 4.40.A.10 & part of 9d) G. Consideration of an ordinance to annex 4.13 acres on US 70A East adjacent to the Meadowlands (TMBL 4.40.A.10) H. Consideration of a resolution regarding the Special Use Permit request for the Eno Haven project to build 76 1- and 2-bedroom apartment for income eligible senior residents (TMBL 4.40.A.10 and part of 9D) 8:04:58 PM Ms. Hauth indicated that Items F, G, and H were related and would be discussed together. She indicated that the items were out of order in the packet, in that Item G regarding annexation would need to be acted on first so that the property was in the Town's jurisdiction before the rezoning was considered. Ms. Hauth stated that this property had utilities on both edges so there was no need for a utility extension contract. She noted that a valid Protest Petition had been filed by the neighboring owners of Merritt Marine, but that would not come into play until the rezoning was considered. June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 12 0152 8:06:06 PM Commissioner Gering stated that could make for an interesting result if there was a simple majority on the annexation, in that one could fail and one could pass. Ms. Hauth agreed. She suggested that the Board discuss all three items at once to make sure they had everything lined up the way they wanted them to be before the first motion was made. 8:07:07 PM Commissioner Hallman said during the public hearing the comments the Board heard were somewhat shocking. He said there was something real in the concerns expressed by the neighbors, and on reflection he thought there was a misunderstanding about what this project really was. Commissioner Hallman stated they needed to acknowledge that some people were concerned, but for the wrong reasons. He stated there was much confusion about the type of project this would be and the effects it would have on the neighbors. Commissioner Hallman said he knew from experience that these types of facilities were well run and were safe and comfortable. He stated the concerns expressed were real but unfounded, and he was in full support of this project along with the recommendations made by the Planning Board. 8:08:31 PM Commissioner Gering said the public hearing had raised many questions, and he had visited Carolina Springs to see how such a facility worked. He stated he was impressed, but was also impressed with the need to see a couple of changes made. Commissioner Gering said specifically, that all of the lessees needed to be 55 years old or older rather than just one member of the household. Commissioner Gering said the other concern expressed by a couple of Planning Board members about not having full-time on-site management was of less concern to him. He said one of the things he had learned at Carolina Springs was that they had a manager who lived on-site, and it was made clear that person was not there to provide emergency assistance. Commissioner Gering said one of his big concerns, however, was the lack of connectivity between this facility and the future Senior Center and Sportsplex. He said he would like to get a feeling from the Town Board as to how much of a comminnent they would have to make a sidewalk happen, if the project were approved, such as helping to acquire easements. Commissioner Gering said he could not see approving this project without having a sidewalk. 8:10:59 PM Commissioner Lowen agreed that made a lot of sense, and in the past the Town had required such sidewalks for connectivity. He said that was particularly important with this being a senior facility and the need to provide a sidewalk to connect to the future Senior Center and Sportsplex. Commissioner Lowen asked was Commissioner Gering suggesting that the Town should be responsible for that, or that the Town should encourage the developers to do that. Commissioner Gering said he believed they should do whatever it took to get the connectivity, and there were a number options to be considered. Commissioner Lowen asked should that be done before the project's completion. Commissioner Gering responded just at some point, and the Town could help facilitate that in a variety of ways. He said he just wanted to make sure that the Town Board was supportive of that and would do all possible to make it happen. He said otherwise, the seniors living there would be somewhat 12 June 9, 2008 Regular Meeting Approved: July 14.2008 Page 13 of 52 isolated, even with public transportation. Commissioner Gering said he believed that was a "social crime." 8:12:28 PM Commissioner Dancy asked wasn't there a payment in lieu offered. Ms. Hauth stated that payment-in-lieu was offered for the recreation area and not in lieu of a sidewalk. She said they would need to consult with Mr. Morphis regarding how flexible that funding could be. Commissioner Dancy said perhaps the funds could be used for a walking trail, noting they could use some creative thinking about that. Ms. Hauth said they would be glad to look into it, but did not believe Mr. Morphis would be prepared to comment on that tonight. She remarked that they had recently received a subdivision request for a project just around the corner from Meadowlands and there would be some payment-in lieu of recreation area from that site. She said she wondered how transferable fees from that project would be to provide a sidewalk or trail connection between the two projects. 8:13:39 PM Mr. Morphis stated providing a trail would depend on how close it was to that other project and to what extent the fees got used for facilities that would benefit the project from which the fees came. He said if they were not really connected, you likely could not use the fees, but if they were then you likely could. Mr. Moiphis said he would need to see the other project first. Ms. Hauth stated they could certainly look into that as an option. 8:14:01 PM Commissioner Hallman said they would annually get the FTDA funds that could pay for part of that connectivity. Ms. Hauth said she believed the primary stumbling block was not so much how one paid for the sidewalk but where did it go since there were intervening property owners who were unwilling to make the access available. She said the applicant had tried to obtain access but with no success. 8:14:34 PM Commissioner Lowen agreed with Commissioner Gering, in that they could make it a condition that providing connectivity was the ultimate goal. He said he would not want to stop the project if that could not be done now, but would want agreement that it would be a goal. Commissioner Gering stated he was not advocating making it a condition, but wanted some comfort level that the Board was supportive of that. Commissioner Lowen stated it was very important to him. 8:15:13 PM Mayor Stevens asked could they ask for a contribution for sidewalks or connectivity as a condition of approval. Ms. Hauth said the applicant was meeting the ordinance requirements for construction of sidewalks in terms of building them along their frontage and on the site. She said the applicant might want to engage in conversation about any additional contribution. Mayor Stevens said then any additional contribution would be voluntary. 8:16:13 PM Commissioner Lloyd stated she believed a sidewalk had been recommended. Ms. Hauth stated the Planning Board had discussed the need and the importance of the connection, but did not put it as a condition in their recommendation. She said when the Board got to the Special Use Permit, the recommendations for approval were detailed as items A thru G. Ms. Hauth stated one of the recommendations was to identify space on the site for 30 additional l3 Junc 9, 2008 Regular Meeting Approved: July 14, 2008 Page 14 of 52 parking spaces should they be needed in the future. She said another recommendation was that all lease signers be 55 ar older, and if a family member or care giver moved in that was not 55 years old or older, that person that was not at least 55 years old could not sign the lease and could not remain in the unit should the lease signer move or pass away. In other words, they could live there but were not considered a resident. Ms. Hauth said also recommended as a condition was that the bus pull-out on US 70A would share the right-turn entrance, since there was not a real demonstrated need to have the right-turn lane into the site and it would provide the bus a safe place to wait for residents to access the bus. She said another recommendation was that the management would provide bus service to residents at least 3 days per week and available either on Saturdays or Sundays, in recognition of the fact that some residents may not have personal vehicles and many of the services needed were not walkable to the site. Lastly, she said, was a recommendation that an on-site, 16-hour a day manager be provided. Ms. Hauth stated that would mean two 8-hour shift employees seven days a week. 8:19:26 PM Commissioner Lloyd asked if the Board could add a recommendation regarding the sidewalk. Ms. Hauth stated the Board could add whatever if felt was necessary. Commissioner Lloyd suggested asking the applicant to volunteer providing funds for half the costof a sidewalk to connect to the Senior Center. 8:20:43 PM Commissioner Hallman asked what kind of grounds did the Town have to ask for off-site improvement such as a sidewalk. Mr. Morphis said the further away you went from the site the less grounds you had, and not knowing the project he did not know how far the Senior Center would be from this site. He said the Town would have a hard time showing that such a fee would directly benefit the project, since presumably other people would use the sidewalk. Mr. Morphis stated if the applicant wanted to volunteer payment, then the Town was free to accept that. But, he said, he had a concern about mandating such a fee, because it could be considered an impact fee and could be challenged by the applicant. 8:22:17 PM Mayor Stevens asked the applicant if they would be willing to consider a voluntary contribution to be applied directly to the cost of an additional sidewalk to connect this site to the Senior Center. Jim Yamin, speaking for the applicant, stated they had concern about the connectivity as well. He said to be clear, were they talking about an additional sidewalk to connect to the cult-de-sac behind the Hospice. Commissioner Lowen replied yes. Mr. Yamin stated that had been their intention all along and had budgeted some funds for that purpose, but so far they had been unable to convince the intervening neighbors to provide the access. He said they were hoping that if the project were approved and the project were built, that the neighbors would be able to observe their new neighbors and hopefully be open to providing an easement. 8:23:47 PM Mayor Stevens said it would make some sense to have some funds placed in escrow for that purpose. Commissioner Gering said as an alternative, would the applicant be willing to accept a condition to build a sidewalk if an easement were acquired. He said the Town could participate in making 14 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 15 of 52 that happen. Mr. Yamin said he would be more favorably inclined to commit to that alternative rather than setting money aside that might never be spent. 8:24:20 PM Commissioner Lloyd said she thought that there was suppose to be a sidewalk along US 70A. Ms. Hauth stated that was discussed as an alternative, but the distance was more than twice the distance than it would be if they could make the shortcut from this site to the end of the cul-de-sac. Commissioner Lloyd said if a walkable trail were provided rather than a sidewalk, then perhaps the Hospice would be more inclined to agree to an easement. Mr. Yamin stated they had talked about a sidewalk that would be appropriate for something like a golf cart that could ferry people back and forth between the two developments, which would be a minimal impact across the Hospice property and the school. He added that they were already providing a sidewalk from this development down to US 70A, which was not required by the ordinance. Mr. Yamin agreed that having a connection to the Hospice would be a huge benefit. 8:27:37 PM Commissioner Gering said if the Board were to adopt condition H that would say something like the applicant would construct a sidewalk connecting the Meadowlands cul-de-sac when an easement was acquired, would that be acceptable. Mr. Yamin responded yes. 8:28:16 PM Ms. Hauth asked if Condition G regarding staffing at 16 hours a day was of interest to the Board. Commissioner Gering stated he was happy with that, adding he believed 24 hours was excessive. Mr. Yamin said in discussion with their management company, they had indicated that of all their senior developments, there were only a few that had any kind of night staff. He said one measure they employed that seemed to work well in their senior developments was to have what was called keyholders, which was a designated resident on each floor that received a small stipend each month to help out other residents if they lost their key or had some other type of off- hour situation and needed some help. Mr. Yamin said that was an alternative that he would like the Board to consider. Mr. Yamin said they actually had the space to build an extra unit in what was planned as a common area, but that would add some extra cost onto the development. He said it was also a challenge to find an appropriate individual to act as a night manager. Mr. Yamin said it would be their preference to propose going with a keyholder plan rather than planning for an additional individual that would actually live on site. 8:30:56 PM Mayor Stevens stated what was being suggested here was that staff be provided 16 hours per day, 7 days per week. He asked Mr. Yamin if they considered that live in. Mr. Yamin said their operating budget would be very hard pressed to pay fora 16-hour a day position for a site manager. He said he also believed it would be challenging to find someone that would be willing to work those kinds of hours, noting it would likely take two people. Mr. Yamin said l 6 hours a day paid staffing was an unusual arrangement. 15 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 16 of 52 8:32:12 PM Commissioner Lowen asked had it been their intent to have at least an 8-hour a day on-site manager. Mr. Yamin responded absolutely. Commissioner Lowen stated having an 8-hour a day on-site manager was not uncommon and seemed to work well at other facilities. He said he was not pushing for ] 6 hours, but would go along with that if the majority of the Board felt it was necessary. Commissioner Lowen reiterated his belief that 8 hours a day was common in such developments. Commissioner Hallman stated he had a family member in a similar facility, and residents actually manned the front desk after hours. 8:33:24 PM Commissioner Gering asked about the discussion with the applicant during the Planning Board meeting that resulted in the recommendation fora 16-hour a day staff person. Ms. Hauth said that was a condition that the Planning Board had insisted on, but it was not necessarily acceptable to the applicant. She said there were at least two Planning Board members who were uncomfortable enough with it not being a 24-hour on-site manager that they would not vote for it. Ms. Hauth said there were six members present, and the other four who had gone with the 16 hours were evenly split as to whether to require 8 hours or 16 hours. Commissioner Gering said but the applicant did not agree to that at the time. Ms. Hauth said that was correct. 8:34:33 PM Mayor Stevens asked was there some way to reword the condition to say that of the 16 hours a day that 8 hours would be with an on-site manager and the remaining 8 hours could be a keyholder or some other designated persons. Mr. Yamin stated they would propose establishing a system of keyholders that would basically be available for the other 16 hours of the day beyond the 8 hours that the site manager would be present. He said the keyholders would also be on call on the weekends. 8:35:40 PM Commissioner Lloyd asked if the keyholders were residents, could residents also cover the front desk after hours. Mr. Yamin said yes, noting that worked well and that there were always residents who looked forward to taking on that kind of responsibility within their community. He said they would provide a small monthly stipend for that service as well. 8:36:19 PM Mayor Stevens stated his understanding now was that there would be a 40-hour a week site manager, and asked would someone fill in during vacation time. Mr. Yamin said that was correct, as well as athree-quarter time maintenance person on site. He stated that when the site manager was not present, either due to illness or vacation, someone else would be present to act in that role. 8:37:45 PM Commissioner Lloyd asked did they still intend to have people who would be under the auspices of Orange-Person-Chatham. Mr. Yamin responded yes, indicating that was a part of the core system and they would be serving the disabled households. Commissioner Lloyd asked would that be provided on a regular basis. Mr. Yamin replied yes, noting that OPC would be closely in touch with those individuals and would provide a very thorough support system. 1~ June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 17 of 52 Commissioner Lloyd asked should there be anything added as a condition to ensure that happened. Ms. Hauth stated they could add a more generic condition that said the facility would be operated as described in the narrative submitted with the application, which would cover everything the applicant had indicated to the Board it would do. 8:40:30 PM Mr. Yamin stated one of the other conditions from the Planning Board regarded the additional transportation that they would be contracting for. He said their initial proposal was to provide service on Mondays, Wednesdays, and Fridays, but the Planning Board had suggested adding one day over the weekend. Mr. Yamin said his thought was that before committing to contracting for weekend service, to survey residents directly once they were leased up and determine which three days of the week the residents felt would be the most preferable, rather than to determine that now. 8:41:27 PM Commissioner Lowen commented that made sense to him, adding he agreed it should be the residents' choice. Ms. Hauth stated that was Condition F, and it would need to be reworded to allow it to be as selected by the residents. The Board held a brief discussion on how several of the conditions were to be reworded to capture the changes already discussed and agreed on. Ms. Hauth reminded the Board that they would need to act on the annexation first. 8:45:29 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to annex the 4.13 acres on US 70A East adjacent to the Meadowlands by a vote of 5-0. The motion was declared passed. 8:46:02 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to approve the Statement per N.C.G.S. 160A-383 that the rezoning was consistent with the Town's Comprehensive Plan by a vote of 5-0. The motion was declared passed. 8:46:27 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to rezone the 11.52 acres currently zoned Limited Office and County R-1 to Multi-Family Special Use by a vote of 5-0. The motion was declared passed. 8:47:09 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the Board moved to approve the Special Use Pernit by a vote of 5-0 with the following conditions: • items A through E as cited in the Agenda packet; • modify Condition F to read "The management company will provide bus service to residents at least three days per week as determined by the residents"; 17 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 18 of 52 • modify G to say that staff would be provided on-site 40 hours a week, with additional coverage via keyholder residents for the additional 16 hours on work days, and 24-hour coverage on weekends; • add Condition H that said the applicant would construct a sidewalk from the site to the Corporate Drive cul-de-sac when and easement was provided; and • add Condition I that the project shall be operated consistent with the application materials regarding services provided on site. The motion was declared passed. 8:49:19 PM Commissioner Lowen stated he hoped that this project would move forward, noting the Town needed it. He said it was a groundbreaking he would like to attend. Mr. Yamin stated the entire Town Board would be invited, and they were anxious to start the project. Ms. Hauth commented that the project had received $1 million in bond financing from the Affordable Housing bond. She said it was the first time an allocation of that size had been made, particularly for afor-profit housing developer. I. Consideration of an Ordinance amending Section 25 and 5.27 of the Zoning Ordinance, the outside storage provisions and definitions of vehicle restoration business 8:50:44 PM Ms. Hauth that John Rigsbee at Vintage Auto was asking to amend the Town's requirements for vehicle restoration to allow outside storage. She said that Mr. Rigsbee was willing to make certain changes to the property to show what it would look like if the ordinance was changed per his request. Ms. Hauth said they had made numerous contacts with Mr. Rigsbee to get that information, but had not been successful. She said since so much time had passed, she had believed it reasonable to put this issue back on the Board's agenda, adding that Mr. Rigsbee was not present this evening. Ms. Hauth noted that the Planning Board minutes were attached that documented their support of the text amendment. 8:52:38 PM Commissioner Hallman stated he had driven by the property this afternoon and the property had not been improved in any way although Mr. Rigsbee had made a promise to do some improvements and had agreed to the initial conditions. He stated he appreciated the Planning Board's discussion but could not support the text amendment. 8:53:03 PM Commissioner Gering agreed, noting he had problems with the Planning Board's reasoning. He said he did not believe the applicant had shown good faith in moving this forward in a positive way, and he had no interest in approving the amendment. Commissioner Lowen agreed as well, noting he passed by that property on a regular basis and nothing had been done to improve the property. 8:54:00 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved that the Statement per N.C.G.S. 160A-383 was inconsistent with the Town's 18 June 9, 2008 Regular Meeting Approved: July 14, ?008 Page 19 0152 adopted Land Use Plan, that the ordinance was in place at the time that the applicant applied for and constructed his business, and that outside storage was inconsistent with a major transportation corridor, by a vote of 5-0. The motion was declared passed. Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to deny the text amendment by a vote of 5-0. The motion was declared passed. J. Consideration of approval of Tourism Grants for: Burwell School Historic Site -Tourism Programming ($21,000) Hillsborough Arts Council -Last Fridays ($7,500) Hillsborough Business Group (Downtown Merchants) -Downtown Merchants Marketing Plan ($5,400) Historical Foundation of Hillsborough and Orange County -Orange County Historical Museum ($20,000) The Historic Speedway Group - 2°d Annual "Celebration of the Automobile & Racers Reunion" ($10,000) 8:58:19 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve the Tourism grants by a vote of 5-0. The motion was declared passed. K. Instructions to staff in regards to a text amendment regarding the Colonial Inn. 8:58:43 PM Ms. Hauth stated at the January workshop when the Board had met with Mr. Henry regarding the rezoning request for the Colonial Inn property to Central Commercial, he had provided a list of the things he might like to do on the property. She said Mr. Henry had eventually withdrawn his request for the rezoning, but there was some discussion about creating a special use permit process so that Mr. Henry would not necessarily have to rezone the property, but there would be a public process where the discussion of exactly how and exactly what uses would go on the site. Ms. Hauth said the Board had asked staff to handle that, and she had begun some research into that. She said Mr. Henry had approval to do some renovation to the building, but many of those were contingent on what the final form of the building would be and what uses would be in various places in the building. Ms. Hauth said the first question was that Mr. Henry needed to know what the end product would be. She said the second question was that the Planning Board was somewhat hesitant to take on more text amendments because they were working on the comprehensive rewrite, and when they take on text amendments it slowed down that process. Ms. Hauth said they also expected Demolition by Neglect complaints from property owners in the area to come in almost at any time if some work was not begun on the property very soon. She said she was before the Board to say they had given her this direction, and it was too important an issue for her to just make up a deadline, so she was asking the Board to give her that deadline. Ms. Hauth said she did not believe it could be ready for the July public hearing, but could have it ready for the October public hearing, but it would impact other things. She said this could also be added to the list to be handled during the Ordinance rewrite. 19 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 20 of 52 9:01:37 PM Mayor Stevens stated one of the primary issues here was not to let anything interfere with immediate structural stabilization. 9:02:18 PM Commissioner Gering said Mr. Henry had not started to undertake any of the things that don't depend on any use, such as roof repair, foundation repair, and the chimney. He said the fact that Mr. Henry had not started any of those things, and they were hearing about the need to approve ordinance changes before he could move forward with plans, did not give him any comfort that Mr. Henry meant what he had said. Commissioner Gering said he needed to see some progress on stabilizing the building before he would consider any other issues. 9:03:14 PM Commissioner Lloyd stated she was concerned that the property would have to be rezoned in order to build another building. Ms. Hauth replied not necessarily. Commissioner Lloyd said she was concerned about any building being constructed beside it before the Inn itself was repaired. 9:03:58 PM Commissioner Hallman said his question was the expediency of this, asking if Mr. Henry was still in conversation with staff and had requested a status of this. Ms. Hauth replied yes. She said one issue was that the porch was added on at a later time and projected into the public right-of--way, and they were investigating how to go about formally taking that portion of the land out of the public right-of--way and giving it to Mr. Henry as his full responsibility. Ms. Hauth said in order to facilitate the work on the porch, the site needed to be secured. She said she had provided an email to the County regarding the permit for the repairs that stated that Mr. Henry would have the approvals needed. 9:06:43 PM Commissioner Hallman said as he had thought about this, he had not wanted to make work for the Planning Board. Ms. Hauth said it was possible that if she could get one volunteer from each board to form a small committee to craft some basic framework of the directions they might wanted to go, then they could begin to narrow the uses. 9:07:54 PM Mayor Stevens said crafting a list of uses would be helpful. Ms. Hauth said they could craft some of the provisions for those uses as well. She said by doing that they could figure out the impacts to the neighbors. Ms. Hauth said it important to identify what was critical to the neighbors, to the Board, and to Mr. Henry so that they could find as much common ground as possible and start narrowing it down. 9:09:01 PM Mayor Stevens stated a big part of that was ruling out what you did not want. Ms. Hauth agreed. Mayor Stevens said they needed to identify what might be offensive as well. Ms. Hauth said there could be a use that was not defined, so they would need to start talking about definitions. She said for each use and how the public accessed the building, the conditions would be very different, but once they began talking about how the public would access the building, the uses would follow. Ms. Hauth said that the Board saying they would like to have all of that ready by a date specific was more information than they had now, and could be shared with the owner. 20 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 21 of 52 9:10:03 PM Commissioner Lloyd said if the Inn was to become an events center, shouldn't there be a definition of what an events center was. Ms. Hauth said yes, because they were going to have to go with uses that were already defined and try to create one for an events center. 9:11:04 PM Commissioner Gering said he was still unhappy with the idea that it was a quid pro quo situation for the Board to work on this and for Mr. Henry to do basic repairs in the meantime. He said he would consider phase zero of this process to be doing the required maintenance first, and then setting a date certain for additional phases. Commissioner Gering stated they needed to preserve the building, and needed to make it clear that it was not a long negotiated process of figuring out how the rewrite the zoning ordinances to get to a point where the owner could possible do something with it before the needed repairs were done. 9:12:02 PM Mayor Stevens asked was it a reasonable request for someone to want to know how long it would take to figure out what the uses for the property would be. Ms. Hauth said if it involved demolition of portions of the building, then that impacted the roof line, which impacted what kind of lows would be inside the building, and so on, and you wound up with a spider web that impacted many areas. Mayor Stevens said regardless of who they were dealing with, anyone could be doing something in the Colonial Inn right now and that would be an issue, and that would be a priority for the Board. Ms. Hauth said she could not believe that it did not go to the ability to get financing for even the basic repairs or the ability to hire appropriate consultants, and believed the owner had to be seeking professional assistance. She said they would need to know what they were dealing with; that is, were they dealing with minor repairs or taking one a much larger project. Ms. Hauth said she believed the Town would end up with a better project if Mr. Henry worked with the same person throughout. 9:13:22 PM Mayor Stevens said without getting into quid pro quo, it seemed to him that they needed to move expediently on this and make it a priority. He said he did not believe they needed to drop everything else, but this was a critical project for Hillsborough regardless of who was doing it, and they needed to set up a process to make certain determinations and get that in motion. Mayor Stevens said he did not think it needed to be done in the next two weeks, but also did not believe it should want until October. 9:14:08 PM Commissioner Gering said none of that considered that the building was in dire need of basic maintenance. Mayor Stevens said that was a separate issue, although the requirement was that there were basic repairs that would have to be made. Commissioner Gering said that if they were setting priorities, that would be the first one, and he would not consider the second priority until the first one was accomplished. Ms. Hauth said just because you direct staff to work on a text amendment did not mean that they would not also respond if they got a Demolition by Neglect complaint. She said that had its own process. 2l June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 22 oi' S2 9:15:09 PM Commissioner Gering said he understood that, and would hope that this process would not require that Demolition by Neglect be triggered, which to him was a last resort. 9:15:11 PM Mayor Stevens said he believed they all wanted to avoid that, and see the project through. He said mostly he wanted to see them craft a process that did not get used as either preventing or tying up the process if there was a Demolition by Neglect complaint. 9:15:41 PM Commissioner Gering said he would advocate for seeing substantial progress on basic maintenance before committing staff to working on a deadline for ordinance amendments. 9:16:07 PM Commissioner Lowen said he understood that approach, but he was thinking that if they were to put some degree of urgency to having it done sooner, it might help them to create the potential of someone else using the facility or making a better use of it. Commissioner Gering said what would help that even more was if the building was in better shape. Commissioner Lowen said he did not disagree with that. 9:16:28 PM Commissioner Dancy said if you were going to stabilize the building, you needed to do much of the inside work regardless of what it would be used for. Ms. Hauth said the owner was saying he needed to know what the final use of the building would be, and if not then he may have to do some of the work twice. Commissioner Dancy said if the owner had to gut the building to stabilize it, then he could do the other work later. Ms. Hauth said he would not need to gut the building to stabilize it Commissioner Dancy said she assumed he would repair the roof later on, but believed there were other things that could be done now. Ms. Hauth agreed. 9:17:26 PM Mayor Stevens said part of the problem with owning property such as the Colonial Inn was that sometimes work had to be redone if the use changed. He asked what their options were at this point. Ms. Hauth said the Board could pick any hearing they wanted, or give a date that was not on a quarterly hearing and commit to a special hearing for the text amendment. She said once you got beyond July the calendar was theirs. Mayor Stevens said even if they choose October, there was a lot of work that had to be done for that to happen. Ms. Hauth said if they did something for July, they ran the risk of it not being well thought out and potentially disastrous. 9:18:29 PM Mayor Stevens proposed putting it on the public hearing schedule for October but also saying they wanted to do it expediently and thoroughly. Commissioner Gering stated if someone made that motion he would vote against it. 9:19:18 PM Commissioner Hallman moved that they move forward with a public hearing with a best effort for October. 22 Junc 9, 2008 Regular Meeting Approved: July 14, ?008 Page 23 0152 9:20:16 PM Commissioner Lowen stated that the basic repairs on this building should have been made years ago, so who was to say it would ever be done. 9:20:35 PM Commissioner Gering said that was exactly the argument he would make to say they should require some plans or proof of progress on basic repairs before they agreed that they could go past the deadline. 9:20:43 PM Commissioner Lloyd stated that was a good idea. 9:20:46 PM Commissioner Lowen seconded the motion. 9:21:15 PM Mayor Stevens stated that the community needed to decide the possible uses for the Colonial Inn, that the Board was saying that this was a priority, and that this had nothing to do with Mr. Henry or the Demolition by Neglect process. He said this was important enough to set October as a reasonable target. 9:21:59 PM Commissioner Gering said his disagreement was based on the process itself of getting to the agreement, in that the process should begin with fundamental repairs, planned and initiated. 9:22:17 PM Commissioner Dancy asked what sort of permits Mr. Henry had received. Ms. Hauth stated none as yet, but he would have to get building permits from the County to do the repairs. Commissioner Dancy stated those permits had been requested, so it appeared it was his intent to get started. Ms. Hauth stated she did not know if the paperwork had been filed, but he had made the request that the Town let the County know whether anything was needed from them. 9:22:47 PM Mr. Peterson asked had staff communicated to Mr. Henry that there had been multiple people from the community who had indicated they would file a Demolition by Neglect complaint. Ms. Hauth said yes, Mr. Henry was aware of that. Mr. Peterson asked had there been a discussion stating that if there was no action taken on stabilizing the structure, that if a lot of staff time was spent on the Demolition by Neglect then they could not be spending time moving forward. He wondered if that was something that could be articulated as a motivating factor, in that if he did not move forward and they were spending their time with Demolition by Neglect, then the Town could not give llim what he wanted. Ms. Hauth said she did not know if that had been articulated to Mr. Henry, but it could be. Mr. Peterson said it was clear to him that that was the reality of the situation. 9:23:57 PM Commissioner Gering stated he would like to avoid any adversarial position that a Demolition by Neglect action would put them in. He said they knew from prior experience that such an action could drag out for a long time, and it was no way to achieve quick results. 9:24:18 PM Mayor Stevens agreed that should be avoided. 9:24:24 PM Commissioner Lloyd agreed with Commissioner Gering, noting she would like to see the chimney fixed and the building reinforced before it fell down. She asked if Mr. Henry 23 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 24 of 5? wanted to know what the Board wanted to see there. Ms. Hauth said no, that he wanted an ordinance created so that he could apply for it, so that he knew what he could put there. Commissioner Lloyd said she was concerned about the proposed second building. Ms. Hauth said they would have to address that when they got into the writing of the ordinance. 9:25:10 PM Mayor Stevens called the question. 9:25:25 PM The vote was 3-2, with Commissioners Gering and Lloyd voting Nay. The motion was declared passed. 10. CLOSED SESSION 9:25:51 PM Mr. Peterson requested the addition of Personnel Matters to the Closed Session. 9:26:22 PM Upon a motion by Commissioner Gering, seconded by Commissioner Lowen, the Board moved to add an item to the Closed Session regarding Personnel Matters by a vote of 5-0. The motion was declared passed. 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. ADDED ITEM: Personnel Matters 9:26:33 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Gering, the Board moved to go into Closed Session by a vote of 5-0. The motion was declared passed. 11. ADJOURN Upon returning from Closed Session, and upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Town Board authorized the Town Manager to execute a contract to purchase approximately 20 acres at $30,000 per acre of land for general government purposes as discussed in Closed Session by a vote of 5-0. The motion was declared passed. Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to adjourn the meeting at 10:00 p.m. The motion was declared passed. f~x~~ Respectfully submitted, Donna F. Annbrister, MMC Town Clerk 24 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 25 of 52 Ordinance No.r~W~~} The following ordinance was introduced by Commissioner j~Q:An out/n ,and duly secanded by Commissioner L~_~pf1191t3Y1_. AN ORDINANCE ANNEXING CERTAI,~' CONTIGUOUS PROPERTY WHEREAS, a petition was received requesting the annexation of 2A79 acres on the east side of Old Nt: 8b {TMBL 4.49.A.2e} to correct the alignment of the proposed Cates Creek Parkway: WHEREAS, the petitian was signed by the owners of all the real property located urithin such area; and WHEREAS, a public hearing on the annexation was held on April I7, 200$ following notice of such hearing published in the News of Orange County on April 2 and April 9. NO {f ; THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OI~' HILLSBOROUGH ORDAL'~'S: Section 1. The Board of Commissioners finds that a petition requesting the annexation of the area described in Section 2 was properly signed by the owners of all the real property located within such area and that such area Ss contiguous to the boundaries of the toum of Hillsbarough, as the term "contiguous" is defined in G.S. IbOA-31(f). Section 2. 1'he following area is hereby annexed to and made a pari of the Town of }lillsborough: Annexation Area A and Annexation Area B as shoum on the Map marked "Annexation Exhibit Cates Creek Parkway Extension" prepared by the John R, McAdams Campany dated Navember 28, 2007. Section 3. This Ordinance shall become effective on adoption. 25 June 9, 2008 Regular Meeting Approved: July 14, 2008 Pagc 26 0152 Section 4. The Tawn Clerk shall cause to be recorded in the Office of the Register of Deeds of Orange County and in the Office of the Secretary of State an accurate map of the annexed temtory described in Sections 2 and 3 together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-2$8.1. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adapted this 9`~` day of June, 20O&. Aves: s Noes: ~~"~ Absent or Excused:~~ L~~7i ___~~E~7~?t^'ti Town of Hillsborough Donna F. Annbrister, Town Clerk `\\\\\~~~\I~~ul~r~~, ,~,', of ~useo,,, o: r c 9 'j ~. ~ ~,~ .,~ ,~Q.*~~- ''~~,, CAR~~ ;.~. j/~~111111111\\ 26 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 27 of 52 Town Board's Statement per N.C. Gen. Stat. ] 60A-383 The Town of Hills borough Town Board has received and reviewed the application of I'lannir~staff to amend the Town of Hillsborough Zoning Ordinance as follows (insert general description of proposed amendment). to establish a process to amend the Land Use Plan in conjunction with rezoning requests in Section 20 The Hillsborough Town Board has determined that the proposed action is consistent linconsisteut with the Town of I3illsborough's comprehensive plan , and the Tawn Board's proposed action oil the amendment is reasonable and in the public interest for the following reason(s): This amendment provides a method for consideration of amendments to the Future Land Use Map which prevents the. map from becoruing rigid and non- responsive This amendment meshes with standard planning practices to allow applicants to rc:yuest amendments to policy documents. ~h Adopted by the Town of Hillsborough Board of Commissioners this ~ day of ~, 200 Town Clerk 27 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 28 0152 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROLGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Sectior. 1. Section 20.3.2 of the Hillsbarough Zoning Ordinance is hereby amended by adding the following: f) Inforniation regarding the conformance of the request to the intent of this ordinance and the Adopted Land Use Plan. Section 2. Section 20 of the Hillsbarough Zoning Ordinance is hereby amended adding subsection 14 as follows: 20.14 Requests for Zoning Map amendments which do not match the Adopted band Usc Plan Occasionally, properly owners may wish to amend the zoning designation on a parcel to a designation which does not match the Adopted Land Use Plan. The Town recognizes that changing conditions may make it necessary to consider amendments to the Adapted Land Use Plan. 20.14.1 Process Property owners seeking a Land Use Platt amendment must submit the following infonnatian with the application required in Section 20.3. This request will be processed concurrently with the amendment request, as two distinct public hearing and decision items before the Planning Board and Town Board. The application for Land Use Plan amendment shall be subject to the exact same review process and steps as the zoning amendment. The Planning Board and Town Board shall support their decision in favor or opposition of bath amendments in the motion to take action on each amendment. 20.14.2. Submittal requirements In addition to the items required in Section 20.3.2 far the 7.oning anendments, the following information shall be submitted in support of the L~rtd Use Plan amendment: a) A written description of how the requested zoning designation aligns with the requested Land Use Plan designation. b) A written description of the proposed change in land use intensity and how that will impact estimated water usage and sewage flows for the parcels, and potential traffic generation on the adjacent street network. c) A written description of how the requested Land Use designation better aligns with the plans for development in town than the current Land Use designation, including changing conditions in the vicinity, unique characteristics of the proposed development, or inconsistencies between adapted corridor or small area plans and the Land Use Plan. "Plans for development of the sown" include objectives, vision statements, goals, and plan documents regarding the physical ~g June 9, 2008 Regular Meeting Approved: July 14, ?008 Page 29 of 52 development of the town and its jurisdiction as set forth in plans and policies adopted by the 'town Board of Commissioners. d) Fee, as set by the Board of Commissioners. Section 4. All provisions of any to«m ordinance in conflict with this ordinance are repealed. Section ~. 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 9`h day of June, 2008. Ayes: _5 Noes: ~~- ~ ~ Absent or Excused: '~ onna F. Armbrister, Town Clerk 29 June 9, 2008 Regular Meeting Approved: July 14,2008 Page 30 0152 Project: WILKGKSUN 17f:VfLOPR'If;tv'1 1-OWN OF HILLSBORt)1.1G11 WA~I~EFL~SI;WGR t;XTENSIC)N CONTRAC"f ADDENDUM NO, i l~he tollov`'ing revisions arc hereby made to the original WaterlSewer Extension Contract between CCU Corporation and the "fo~1n 0f Hillsborough 1br the Wilkerson Development: 1) 'this couiract is hereby extended file a period 0fiwo years from Junc 9, 2008. The deadlines relirenced on Page 1, Section (I ), Paragraph (h1 of the original contract will herch_v establish June 4, 2008 as the official date o1'execuiion ofihc contract. 2) The payment required of the Develi~per to the "I own of Hillsborough in the sum of $59,850.00. which was originalh~ required in the-Water/Sewer Gxtcnsion Contract for this project_ shall be due by the deadline establishul in the original contract. Due to the extension of t}ris contract, which delays the payment deadline, interest will he due at tltc time, of payment based on the attached rcimburscment schedule. Interest begins on July 13, 2U(i8 (the day alter the original contract would expire prior to this addendum}. IN ~11:57'IMUNY WHEKEUF, the parties hereto have executed this Addendum No. 1 to the Contract in duplicate originals. ss of Junc 9, 2008. CCD COftPORA~I~ION lY)VdN Of HILLSBOROiJ(;t{ - -- _ R{»' ~ ilkcrson (!ric J. Peterson President Mown Manager A1~Il:S1`. I own Clerk Donna f~. Armbristcr State of North Carolina County of ~. . a Nutar4 Public fix said County and State, do 17ereby ceKily Roy W ilkcrs0n, ___ _- President of CCD (~otporation, personally appeared before me this day and acknowledged the due execution of the foregoing instrument 0n behalf of the company. _ _ ___ __ 1~'otan Public Witness mti~ hand and oiTicial seal this the day u1' - 2008. 'phis instrmnent Iran been pre-audited in the manner rcyuircd by the (iovenunent Budget and t~iscal Control Act. Greg Silcr, 1'inancc Director pace I of 2 30 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 3 I of 52 CCD Corporation - Thalle Sewer Outfall Contribution (Reimbursement Schedule) Payback Period Base Factor Monthly Interest Payoff Amount July 13 to Aug. 12, 2008 $ 59,860.00 $ 199.53 $ 60,059.53 Aug. 13 to Sept. 12 $ 60,059.53 $ 200.20 $ 60,259.73 Sept. 13 to Oct. 12 $ 60,259.73 $ 200.87 $ 60,460.60 Oci 13 to Nov. 12 $ 60,460.60 $ 201.54 $ 60,662.13 Nov. 13 to Dec. 12 $ 60,662.13 $ 20221 $ 60,864.34 Dec. 13 to Jan. 12, 2009 $ 60,864.34 $ 202.88 $ 61,067.22 Jan. 13 to Feb. 12 $ 61,067.22 $ 203.56 $ 61,270.78 Feb. 13 to March 12 $ 61,270 78 $ 204.24 $ 61,475.01 March 13 to April 12 $ 61,475 01 $ 204.92 $ 61,679.93 April 13 to May 12 $ 61,679.93 $ 205.60 $ 61,885.53 May 13 to June 12 $ 61,885.53 $ 206.29 $ 62,091.82 June 13 to July 12 $ 62,091 82 $ 206 97 $ 62,298 79 July 13 to Aug. 12 $ 62,298.79 $ 207.66 $ 62:506.45 Aug. 13 to Sept. 12 $ 62,506.45 $ 208.35 $ 62,714.81 Sept. 13 to Oct. 12 $ 62,714.81 $ 209.05 $ 62,923.86 Oct13 to Nov. 12 $ 62.923.86 $ 209.75 $ 63,133.60 Nov. 13 to Dec. 12 $ 63.133.60 $ 210.45 $ 63,344.05 Dec. 13 to Jan. i2, 2010 $ 63,344.05 $ 211.15 $ 63,555.19 Jan. 13 to Feb. 12 $ 63.555.19 $ 211.85 $ 63,767.04 Feb. 13 to March 12 $ 63 767 Od $ 212.56 $ 63.979.60 March 13 to April 12 $ 63,979.60 $ 213.27 $ 64,192.87 April 13 to May 12 $ 64.192.87 $ 213.98 $ 64,406.84 May 13 to June 12 $ 64,406.84 $ 214.69 $ 64,621.53 June 13 to July 12 $ 64,621 53 $ 215.41 $ 64,836.94 Interest is calculated at 4 0% annually or 0.3333 monthly Addendum No 1, Page ? of 2 31 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 32 of 52 }~i.5c~i ~ ~ i~>~ ~xi i r nsir~c; r~c~Ni~ ru~~ r,~,~a~.~~~~i~ ~~ E~~~ 1; Ru~~okiuon ~!1 •~ -t ~, , \Vtit:R6Ati, the dexcii ~~^ of (n-an riru Phase II hn.a conapieted tJse 5iuhlie imp¢tnrmc~nts in ercord,moe with aptunvcd p~ana and lut+n t n i.iric ;vsd lhcsr hasr M•cn instxcard and ,yrprout+,i. and N'Nl~kl`Ati the Uirac~or ~Y Puh3iti.. NurA.,*mcunatis~nds uc cpimv ttxi~~uhlic im~rovcments and rtpprnring rtimntezu3ixr ~ u~rr ntce~ ihr (+ta;~a-3ev,. 1'hau~ it. I k!! F;)`f Y 1k! RF.tiUI 11,U hs the i~n,c~ o! liillskKSnsugh xr lbfln>n ~. ~f l f ((7?s,' I I Ise arrpeyr ~- surety hesati> firam [hc Sa(r<`+~ I ..xe l'~ mPanp nI .+1e5 cricia ir, she anusz:~t o~ f;? 7SU ±?~= I'h;,,c I( :n m9easi.d, SFL. - I ~ ir, re!ea,~- l~. contin~.:~st up~:~n detiem ~.i a ~,~ :~ i. r. c.utrd inxtrumen? m ~ s n~., ants, thr f nut ' a*~cFr irn~m,. emen!s. aid casem< ,~° (r-,~ , t imF liens rsr vharc~~g. 71«ly t}sti~ y"' da+ o, 1uoc.: OUS T'om evens, Mayor V 32 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 33 of 52 cRl~~a~~~~~%~c ~- ~ ~ AN ORDINANCE AMENDING CHAPTEK 14, SECTION R DEPOSIT THE BOARD OF COMMISSIONERS ON "THE TORN OF HILLSBOROUGH ORllAINS. Section 1. Chapter t4. Section 8 Deposit is hereby amended to read as follows: (a} Every applicant for sen'ice shall make a cash deposit with the town base on a credit check and service shall be refused until this deposit has been paid (refer to the town's current year Budget Ordinance for deposit requirements). Applicants who are required to pay deposits greater than the minimum amount shall bare the right to request a new credit check fur the purpose of reducing their deposit requirements aficr ] 2 months of timely payments. This may be done repeatedly until the cusu~mer achieves the lowest risk level possible. An administration fee will be charged fur each credit recheck (refer to the towns current dear }3udget Ordinance for the amount) and if~tl3c customer qualilies for a lower deposit. a t;redit for the difference will be applied to the customers account. "l~imely payment is the payment of the utility account by the ZS°' of each month. The purpose of a deposit is to provide security for the payment of all charges by the customer. The sown retains the right, upon 3U days written notice, to require the customer to increase the deposit to a maximum of tv~-ice the amount of the highest monthly bill theretofore rendered. (h) Initial deposits shall be made with the service applications. Additional deposits, if required pwsuant to subsection {a) of this section, shall be made within 30 days after receipt by the customer of the written notice specified in subsection (a) of this section. (cj A separate deposit shall be math on each meter installed. (d) No interest shall be paid on the depi~sii. (e) Upon termination of sen~ice. the deposit shall either be applied to any outstanding bill or refunded to the customer, as provided in sections 14-31 and 14-32. Section 2. All provisions of any Town ordinance in conflict with this ordinance are repealed. Section 3. This urdinance shall become ei`iective upon adoption. The foregoing ordinance, having been submitted to a rote. received the fbllowine vote and was duly adopted this the IAth day of April. ?008. Ayes: .5~ ~, C~~~--y~~~~Z~z Noes: ~ Absent ar kxcused: $ ~_~1~±~_~-- ~~~ - - ~~ ~ Donna F. Annbrister Mown Clerk 33 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 34 of 52 LGC.:OJ (aer. ulaooa) CONTRACT TO AUDIT ACCOUNTS Elk a rrlplkatt. Town of Hillsbtxl3ugh, North Carolina of Govenrmenul unit On this __ 6M day of _ May 2008 Dixon Hughes PLLC Auditor --~ Post C4fne Box 2646, High Print, North Cardkta 27261-2646 Mailing Address -- ~._._.__.._.._.__..---._.__.._. hereinaner retorted to as the Auditor, and the Board d Akbrmen o{ Ora Town d H4lsborough -- -------_......__, hercimner referred Governing Board Governmrnnl Unit to as the Govcmmcnul Uni4 agree as follows: 1. The Auditor dull audit all sulemrnu and discbwrcs required by generally accepted accotnting principles and additipul required legal sutemrnu and disclosures of all funds and/or divisions of the Ciavemmmul Unit for the period beginning July 1 2007 ,and girding Juno 30 2008 .The non-major combining, and individual fund sutemrnu aM a~hsddea shell be wbjected to the auditing pracadura applied in the audit of the basic finmcial statemetus and m opinion will be rcntkred in rcution to (u applicable) the govemmrnul activitks, rite business-type aaivides, the aggregate discretely presorted mrtrJxatertt mils, each major govsmmenul and rnletprise fund, and the aggregate remaining fund informatkn (nonnujw govemmrnt and emerprise fords, the imtemal service fwd type, and the fiduciary fwd xyltes). 2. At a minimutrS the Auditor shell corduct his/her wd'n and render his/her report in acoordmcs with geeerally accspted auditing standards. The Auditor shall perform the audit in aawrdarice with Government A~vJitingyey,,rd~dc if required by the Sme Single Audit Implemrnution Act, ss codified in G.S. 159-34. If required by OMB Circular A-133 and rite State Singk Audit Irrgtlemmut"cart Ac4 the atdiwr shall psrfomt a Single Audit. This audit and all associated worltpapers may be subject b review by Eeriest and Sute agencies in accordance with Federal and Sute laws, irrcluding the stalls of the Otfiu of Suk Auditor (OSA) and the I.GC. If the audit and/or wodepapers arc fomd in this review to bs subsundard, the retries of the review may be forwarded b the North Cwlina Sore Board of CPA Examiners. 3. This Contrael ranrenrploru an apnolified opinion being rendered. If financial sutemrnu ere not prepared in accordma with grnrnlly m opted accounting principles (GMP), or the sukntents fail to include all disclosures required by GMP, explain that deputurc from GAAP m rite specs below.- 4. lhir ronrracr wnretarplatu an urpaalihed opinion being rendered The audit shall include ouch tests of the accounting records and such other auditing praxdwa as arc considered by tlx Audaor to be necessary in the cvcmuunces. Arty limiraliou or rtstriaianr in scope which would lead m a gaalificarion slauld be jolly e~pfained in an anacbmenr ro rbir ronrrocr. The audit will have no scope limiutioru ezcepc S. 1( this audit rngagcmcnt is wbject w the sundards for audit u defined in r,w.r+rment Auaiti a M1?.",.t., July 2007 revisions, issued by th Comptroller Grnml of the United Sutes, then the Audiux rrarrsnu by acxpting this mgagnnrnt that he has tort the rcquvsmenu for s peer review and condmsurg edtxation as specified b Gmrrn t A iti a e..,.+=..t .The Auditor ogres to provide a copy of their moat locate pm review report a the Govemmrnul Unit and the Secrcury of the Local Govemmrnt Commission M1SC 1J! the ezewtion of the audit contract. {Sec Item 21.) b. It is agreed that time is of the essena at this contract. All audio arc to be performed and the report of audit mbmitkd by Crmber 31 2008 7. It is agreed dux grneNty acceyded auditing standuda elude a review of the Govemntrnul Unit's system of internal emtrol and ~ accounting as woe relates W acwmtabiliry of (rods and sdlrererta w budget and law rcquircmenu appliable tlweto; thu the [ Auditor will make a written report, which may or may rat be • pre of the written report of wdi4 to rite Governing Board setting forth his findings, togetba with his recontntcmdations far improvement. That wrlltrn report must irclrtde all matters defined u "signi6pnt deficiencies and material weeknpses" in AU 323 d the AICPA Profesai t ew waMe, The Auditor akell fiie a coov of IF*1 reonn with !1>• Gr..r. f ~ ml Cavan -t ry ,~ '-- 8. All bcal govetnmrnt and pblic atttlarity oontrxu for sratual or special audits, bookkeeping or other auiaWae rrerxssary to prepare the Unft's records for audit, futancial sutmsmt prepan[ior4 my fironttyelga! htmtigations, w my other audit-rclatal wotY in the Stork of North Carolina rcgtrirc the approval of the Secretary of the Local (lovertmrnt Convniuion. Invoices for ss~is rendered under tltes eonaacu hall nd bt id tiv 1 k it im-'- b anreoved h pie'..:.. of the t„rl ,..v ,.,.,v ,.., .on ~. -1 '' = avv aor.ms biE'~as.l [G,S. 159-34 sod l ISC-447j All invoices should be submitted bt triplicate k the Seaeury of the t.ocal Govemrrcnt Commission. The origvul and arc copy will be returned ro the Audilm. Approval 'a rat required on contracu and invoices for rystem improvemeau and similar services of a non• wditing nature. 9. In oonsidemian of the sarisfactory perfomuna of the prwiaions of this agreernent, [hc Govemntmtal Unit scull py m rite Auditor, upon approval by the Secretary of the local Govemmtut Commission, We fdbwina tee which haludes my cost rite Atsdikr vuy incur from work peer p pow revierva or airy 011[er gWlay aawusscc ProFw rtxpmed 6y drird pries {Federal sod Sure ttrmtor and oversight ageaies or other organiratioaa) as tsquited tmdcr the Federal and Stork Singk AWit Acu: Yar<ed baskkespieg aat4hrree - [Far ewCdr srlJeer b Csrs.wwerrt AaBebig SYndarlr, drfs k Jlwyy ro yoekAnpiar senlees permfafal gl rertat/GdgaM4wet Svrdr~kl WA Aadk - Bbrded hrsuM_rabd 8130 par Irota Pnpratlea of Ue fiaucW sMareau - 8ltmdtad hwety elate d 1190 per brow 10. caner cample6ng hit audit, the Audits ahW submit oo the Governing Board . wtittrn rsport of audit Thi: report dull inchde, n Iwt. Maaagmteat'a Diuvssiaa and Atrlyais, Ere fwnreiel atst®ents oCthe guvemmcanl wait uad atl of its mmpotreot mss and weeks thauo ptgwtea in sotardaa« with -generally accepted seeamtetg PrineiPle*. eambiniog and suppkaremary intoraution regoeskd by Ere clieht a requited far fitl disekraurc render the law. std the Auditor's opinion m Ere truferial prcssnkd TTte Auditor +IuU Eaaish Ure regakad atmtber of rnPim of the report of audit k the Governing Btrrd v tom as praetical aner the dou of the Pakd. 34 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 35 of 52 1. Tie Aadltar shatl Ole with Use local Govemrrsrnt Commission twocopies of the report of audio including om copy oC the federal DaU Collection Fam, if a kdrnl single audit is condstcud. In additiol4 if Ute North Carolina tMttt of she State Auditor designates txflain programs to be mtdited u major programs, a turtlaroutxl document end a re)xeaentation letter atWmsed m the State Auditor shall be wbmined to the Local Govcmmrnt Commission. Two copies of the rclsort of audit should be strbmined if the atdU is performed only under the provisions of the Sore Single Audit Implemenution Act m a fmatuial audit is required to be performed in accordance with t~vemmcnt Audilina Stantkrds. Three copies of tM audit should be wbmined tm Cattncib of Govemrrfents. Two copra of the audit stauld be submitted fm tax levying Mwkipalitka. Othmviu, otu copy shall be wbmined. Copies of the report shell be filed with the Local Government Commission when {or prior a) submitting the invoice fm the sm~ices rendered. All copies of the report wbmined Host be boand. The report of audit, as filed with the Secretary of the Local Goverrwast Cortuni>sion. bccomrs a ma[Ier of public record for inspesion and review in [hc otficea of the Secretary by any interested ponies. Any subsegtsrnt revisias ro three reports must he sent Io the Secretary of the local Govemmrnt Commission. These audited firiatscial sutements are used in the prepuatia of Olfreial Staumrnls for debt ofkritsgs (the wdittas' opinion is not includedl, by municipal land rating services. Io fulfill ucrosdary rrsarket diubsure requircmcma of the Securities and Exchange Commiuion, and other lawful purposes of Use govemmrnt, without wbsegstrnt corsunt of the auditor. 12. Should circumstances disclosed by the audit call fm ^ more detailed investigation by the Auditor than necessary umM ordinary circunssurces, the Auditor shill inform the Governing Bard ht writing of the need fm such additiad investigation and the additional eomprnsstion required therefore. Upon appronl by the Smetary of the Loral Government Commission, this egreerrfrnt may be wicd m changed a irclude the increased time arum compensation as may be agreed upon by Use Governing Bard and the Astdttm. 13. IC an approved contras needs to fx varied m changed for any recta, the change must be reductd to writing, signed by both panics, preaudited if necessary, and submitted to the 5ecrcury of the Loral Governmrnt Commiuia for approval. No ehentt shall tx eRective ~ less Reproved by the Sccrrnrv of tae Local Government Comm' 'on the Goveminv Board and the Aud~tm Id. Item 15 may be completed by referencing Use trrgsgemrnt ktur and slushing a copy of the engagement letter to tae contract to incorporelc the rngagemrnt Mier into the caoacr la eau oC conBkt between the lamas of the rngagemrnt letter arsd the arms of tail <atracL the terms of this contract will control £ngagemem kner terms arc deemed to be void unless the conUkting amts of this contract arc specifically deleted in hem 21 of this contnet. Engagemrnt Mon contgining indemnification clwus will rat br approved by the local Government Commission. I3. There arc no ' t provisions extepc See attar:hed engagement letter. 16. A separate contract ih411)d_RRF be made fm each divisia m be audited or report w be submitted. A separate contract must be execued far each component unit which is a lonl gtwtmunenl ofd fm which a sepanu audit repon is issued. 17, The santnct should be executed aM submitted in oiolkau to the Sccmary of the Loral Govemmrnt Commisson. The mailing address is 325 Nona Salisbury Street, Raleigh. North Carding 27603-13R3. The physical addreu is 4505 Fair Meadow Lane, Suite 102, Raleigh, North Carolina 27607.6449. 1 B. Upa aplxowl, the origins! tantras wit l be returned to tht Goxmrrsennl Unit. a copy will h forwarded a the Auditor, and a copy requned by the Scertary of tM Local Government Commission. The audit should tat be sorted before the contract is aoorwed. 19. There arc ra oUser agreements between the parties Iscreto and a other agreerrxttts relative hereto that shall be enforceable unless entered into in accordarsa with the procedure ut out herein and approved by the Secretary of Ilre Latal Government Commission. 20. If this audit engagement is Ism wbject to Go emmrnt Aer~Un Stand±~~ Usen lam 5 shell be listed as • dcMcd provision k Item 22. M explaation must be givrn (or tklMing this provisia. 21. All of Usc above paragraphs arc understood and shall apply a this agrcernent, except the Collowing numbered pengrapbs shell be delaed: (See Iten 16:) - Dlxs7n Hughes PLLC ~ Fam ~ By `` (Please type m print Dame and )j)jgJ ~~ John A. Frank CPA B y t sore) (Plate type mpr \\ G S ~ ~ (SipsLLUre of blayfffULl1@ffi4Il of gov«ning bald) [ { / ~grM/ t. (S oCauthoriud audi[firm rcprcsrnudvc) t arc eau May 6,2008 By Approved by the Seaeury of tM local Govsmment ICloirofAadhCommitree-plan type«priattsaare) Cssrnnunion r provided in Article 3, Chapter 139 0( the Gensat Stu«es « Mick Jl, Part 1, C'aage* 1ISC of the Gessml Strrus. Siamture erArtdil. Committr Chaispraon) f« the Secretary, Local Govenmrnt Coawissia ~u fnrdr W r red o>•ioea, this rob bode k taarked TVA') (Stgnanue) lbig 0fu«oenl hr boon ptsandsvdm tae aasmn Eau sarprhed M rte toed Goavaaxn B~ son Feat Carol Aa «hY k Scholl Bndgs asd Frd Cowl Atl Govarmmtd Unit F OR er /Plme type « prior acme) (Sigattae) Dau (Prcaedlt CertlBcata must bt slated.) 35 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 36 of-52 Town of ills g h BUDGET AMENDMENTS June, 2008 GENERAL FUND BEFORE ADJ. AFTER 1. Expenditure 10-20-5130-5100-010 Police COPS -Overtime $ - $ 8,000 $ 8.000 10-20-5130-5100-020 Police COPS -Salaries $ 253,300 $ (8000) S 245 300 253.300 ~_ ,~, 253.300 To fund Community Pofice overtime due to staff shortage 2. Revenue 10-70-3980-3980-004 Lease Proceeds/Leaf Collection Truck $ 120.000 ,$ 3.700 $ 123.700 Expenditure 10-30-5800-5300-573 Sanitation-Vehicle Tax and Tags $ - $ 1,500 $ 1,500 10-30-5800-5700-740 Sanitation-CapitaliLeaf Collection Tk $ 120 000 $ 2 200 $ 122 200 5 120.000 $ 3.700 $ 123.700 To fund additional purchase and registration cost of Leaf Collection Truck 3. Expenditure 10-20-5100-5300-336 Police Admin.- EOC $ - $ 4.518 $ 4,518 10-00-9990-5300-000 Contingency $ 82,900 $ {4.518) $ 78,382 ~, 82 900 ~_: $ 82.900 To fund two docking stations, antennas and cable for satellite phones 4. Expenditure 10-20-5300-5100-020 Fire Inspections -Salary $ 65.250 $ (2,000) $ 63.250 10-20-5300-5300-458 Fire Mpections -Contract Labor $ - $ 2,000 $ 2,000 $ 65.250 $ - ~ 65.250 To establish and fund temporary administrative help for the Fire Marshall. WATER FUND 5. Revenue 30-80-3900-3900-000 Fund balance Appropriated $2107,386 $ (18,385) $ 2.089,001 30-80-3500-3526-000 Perpetual Maintenance Fee $ $ 18 385 $ 18 385 $ 2.107.386 $ $ 2.107.386 To record Churton Grove Phase 2C perpetual maintenance fee paid by developer 1a71~'orth Cli.tn~trn Strcci /'(~ 11nz -J2<d 11:Ilshr,n,~~~;dt..Vorlld (~nroluzu 2727,E ~>151733-L~109 ('u_c X14-7;13-]02h' 36 June 9, 2008 Regular Meeting Approved: July 14, 200A Paec 37 of 52 6. Revenue 30-80-3900-3900-000 Fund Balance Appropriated $2.089,001 $ (454,848) $ 1,63d,153 30-80-3500-3523-000 Water Capital Facility Fees $ - $ 298,425 $ 298.425 30-80-3500-3525-000 Sewer Capital Facility Fees $ - $ 156,423 $ 156 423 ~ ~m ,x.089.001 To transfer W1S Capital Facility Fees to the W/S Capital Reserve Fund 7 Revenue 30-803900-3900-000 Fund Balance Appropriated $1.634.153 g 42.OOD x.676.153 Expenditure 30-71-8200-5982-000 Transfer to CPF/Sewer Outlall ~ - $ 42.00 $ 42.000 To record transfer to Sewer Outtall Fund to cover developer (Wilkerson) delayed payment SEWER OUTFACE FUND 8. Revenue 64-70-3870-3870-000 Transfer from Water Fund $ - ~„ 42.OOQ $ 42.000 Expenditure 64-80-8280-5700.731 Construction/Habitat Sewer Outiall $ - ,~ 42.000 $ 42.000 To record transfer from the Water Fund to cover developer {Wilkerson) delayed payment WATER AND SEWER CAPITAL RESERVE FUND 9. Revenue 70-70-3870-3870-OOOTransfertrom Water Fund $1,363,755 $ 298,425 $ 1,662.180 70-70-3870-3870-100 Transfer f rom Sewer Fund $ 393 300 $ 156.423 $ 549,723 $1.757.055 $ 454.848 $ 2.211.903 Expenditure 70-80-6900-5700-730 Capital Improvement-Water $ 896,396 $ 298,425 $ 1.194,821 70-SO-6900-5700-731 Capital Improvement-Sewer 202,303 156,423 358.726 $1.098.699 $ 454.848 $ 1.553.547 To record the transfer of W/S Capital Facility Fees from the Water and Sewer Fund - ~ ~ - i 1~~ VERIFIED:____~~~~''~•~-SZ~~~!-'a'" Z~(G [-- -- Donna F. Armibrister. Town Clerk 37 .tune 9, 2008 Regular Meeting Approved: July 14, 2008 Page 38 of 52 BUDGET ORDINANCE (~ -sca-. Ye:',-z 2008 - 0913~mce~~ ORI)INA~CF: TOWN OF H-eES-soRO-Ici-- Be it ordained by the Board of Commissioners of the'i~own o7"Hillsborough. `s!orth Carolina Sec°r-orv L Ge veune is ono: ]t is estimated that the fallowing rep°enucs will be available in the General Fund Ior the fiscal vcar beginning Jul}~ 1.2008 and ending. June 30, 2009: Operative Revenue $ 6.06,387 Investment Garnin~ 164.000 Retained Eatttim~s Appropriated 775,197 C ?.415.?8~1 T'he following amounts are hereb~~ appropriated in the ',b'aier and Sewer (~ and Ior the operation of the water and sew~cr utilities Rrr the fiscal year beginning .lul}~ 1. 2008, and ending June 30, 2009 in accordance with the Chart of Acrowris heretofore approved for the Town of Hillsborough: Current ~ Prior Ycar Properq llixrs S4J I5?61 Local Option Soles l <i~ 1.1 I R?5~J Licenses, Permits and Fees 208,300 Unrestricted Intcrgovernmcvtal Revenue >63,000 Restricted hvergovcrnmental Revenue ~ 19,810 Other 12.615 Investment Earnings ]51.592 Pond 13alancc Appropriation 558.I>4 a x,046,866 l~hc following amounts are hereby appropriated in the (;eneral Fund for the operttio^ ot~ the Town Government and its activities for the fiscal vcar beginning lull 7. 2008 and ending ,Iwae 20. 21)09 in accordance with the Chart of Accounts heretofore established for the 7~mv~n of I lillsborough: Gova'nins Rods $ 115_?43 Administration 483.4 r7 Finance 21?.390 Planning 41 >955 Ruffin-Rnulhae 52.775 Parks eC Recreation 307.401 ~, fct~ R' Risk I~1anascmcvt 88.543 Police 3.651.906 I ire Marshal fi 13margencv f`~lgmt. 108.721) Fire Protection 726.000 1-leer N1aintem~ticc 156.7,'_ Streehl'o~+rl1 13111 6-7.tiR9 ('cmctcn 98.E 18 Stonmvater I 0 L800 tourism ?=~.U011 Special Apprupnatic,ns 108."120 C~ontim~cnc~ . ~~l 1185, $ 0 t(7.8nh Jt is estimated that the following re~suues w~ili be availahlc in the yk~atcr and Scw~cr Fund for thr lisrtl vcar heginnine Jt.tl~ 1_ ?0(18 amt cndinp June ±U. Zt)(l~i: Administration of Enterprise S 964,69 Ynginrcrim~ 445.518 ISilling 6: Collections 661,905 Water Treaunem Plant 944.81 West Pork 1;no Reservoir 791.56(1 1V~atcr Disiribulion 1.187,13_ luastew~aterColleetion 1.131,308 \Vastewatcr Treatment Plant 1.270.984 Contineenc~ x8,000 S 7.445.584 SH:crum Ill. Tax 12n re: l~here is hereb}~ levied a tax of sixty-seve^ cents ($0.67) per urn hundred dollars ($lOCI) valuation of property as listed ii7r taxes as oi~ January 1. 20108. for the purpose of raising the revenue listed as "Propertc 'faxes° in the General Fund in Section 1 of the ordinance. phis tax rate is based on an cstitnated total valuation of property for the p11rpC~ses of taxation of $623.828,d9R and a^ estimated rate of collection o1~ 97.00°~~,, ti-~.c~r-on t1'. GF'xt_-tnt. F-~sn Cavrrn-. 1\1-'-20\ eAlI;1T5; Revenues totaling $~4~158.500 am hereby approved lrum the following sources: Kc~tricted Intcr_eovrrnmenial Itc~~enur ti 623.b00 lh•bt I'rocee~is 3.301.535 Translcr; 23 ~.±75 ,,:a. uti_,nu .A total of X4.158 500 is hcmhy authorized to be expended 1i~om Gcncral Capital Improvements: Grncral Capital Impru~. Fund '~ 4.158.500 38 June 9, 2008 Regular Meeting Approved: July 14, ?008 Page 39 of 52 SFC~rioN ~'. 1'Vn~reR ~~ St.~~"~~=tt Cnrrrnt. I~7PR0~'EMF:A'°rs: Revenues totaling 4'_.505,000 are hereby aprrov~ed from the tbllowing sources' Restricted Lucrcoccrnmcntal Revenuer "~ 6GG,OOU [debt proceeJs 525.000 l~ransicrs I.~ 14,000 2.505.Og0 ~~ total of $2.505.000 is hcreb~~ authorir.cd to be expended from Water ~ Sewer Capital lmprnvemenis: ~V~itrr d SeU:rr ~ ~ipital Impro~~. Fund ~ 2.505.OU0 Stx-rioti V1. E'[:~s, R.a~r~s ,~~n Ct~ ~acHS: There is hereby maintained a Dees, Rates and Charges Schedule for the purpose of raising revenue listed in the General i=und and Water K Sesser Fund. Sections 1 & ll oC this ordinance. Sec the J~ccs. Rates and Charges Schedule for a detailed listing, SECTION VH. 13~°~tx:eT Oat~m~:~ncr--_: Copies of this 13udcet C)rdinance shell he tiled with the finance officer, hudgct ofliccr and the clerk oC the go~~erninz hoard of this ~hown. adopted this gu, dam of Junc. 2008. NORTH CAROLINA O1tANGG COI~N~I' 1. Donna f~. annbrister. ~i~o~~~n Clerk. hereby ceriifw That thr foregoing is a true and accurate copy oi~thc 21108-?009 Budget Urdinauce which ~~ill he reauded in the luwn of liillshorough Minute Rook. I\ 1~'iTNhaS 1~'HF:Rh:OF, ( havr hereunto set m~~ hand and hay e caused the off icial corporate sail ul~ said Iowa to be alti~cd. this the il'k' d~n~ of June. 20(18. •__._ J Unmial \rinhr!.iri. I~~~+n (lrrr 39 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 40 of 52 a~a~~~~a~ a=i -9-~ AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THF. BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: whereas an application has been made for the rezoning of the property herein; and ~'Yhereas the application has Preen referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a written recommendation addressing the consistency of the proposed rezoning with the Town's comprehensive plan and such other matters as the Planning Board deemed appropriate; and Whereas the Town Board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the Town's comprehensive plan and explaining why the action contemplated by the Town Board as reflected herein is reasonable and in the public interest. NO~'1', T'HEf2FFORE, be it ordained as follows: Section 1. The Toning Map of the Town of Hillsborough is hereby amended to rezone 2 parcels (approximately 8 acres} on Eno Mountain Road from Multi-Family to R- 2{~ (TMBL 4.38.B?4 and 24ll). Section 2. All provisions of any town ordinance in conflict with ibis 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 DOPTE 'DENIED this 9`~ day of June, 2008. A~~es: S' Noes: o Absent or Excused: gllllililfi/// ~~.~ OF NIL(s8~~,, _ ~f n =~ r Hills ~ $ ~" ,y Q- `„_ ,,~9~y CAR©~;~~`~~~ //111111/6j1` ~~~ ~ - orma F. Armbrisier, Town Clerk. 40 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 41 of 52 To~~~n Board's Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough 'pawn Board has received and reviewed the application of __thc Sim son family to amend the Town of Hillsborough Toning Map as follows (insert general description of proposed amendment): to rezone 2 parcels (approximately 8 acres) on Eno Mountain Road from Multi-Family to K-20 (TMBL 4.38.8.24 and 24D). 7}~e Hillsborough Town Board has detern~ined that the prapased action is consistent /inconsistent Frith the Totivn of Hillsborough"s comprehensive plan , and the Torero Board's proposed action on the amendment is reasonable and in the public interest for the following reason(s): This amendment brings the property zoning into conformance with the Future Land Use Map Adopted by the To~~n ai Hillsborough Board of Commissioners this~day of u~r , 2UOk ~l~elillJ 'e' GL~it~ o~~ n Clerk 41 June 9, 2008 Regular Meeting Approeed: July 14, 2008 Page 42 of S2 't'own Board's Statement per N.C. Gen. Stat, 160A-383 the Town of Hills borough 'T'own Board has received and reviewed the application of _ Kimeast Real Estate Investment Trust to amend the To~~m of Hillsborough 7ourng Map as follows (insert general description of proposed amendment): to rezone 9.65 acres on the north side of Cardinal Drive from High lntensity Cammercial to Multi-Family {TMBL 4.42.B.3k) The Hilistiorough Town Board has determined that the proposed action is inconsistent with the Town of Hillsborough's comprehensive plan, and the Town $oard's proposed action to deny the the amendment is reasonable and in the public interest for the following reason(s): I'he request i'or Multi-family zoning is inconsistent with the Future Land Use Plan designation of retail. Adopted by the Town of Hillsborough Board of Commissioners this~~day of~, 20t>~. ' own Clerk - 42 June 9, 2008 Regular Meeting Approved:.luly 14, 2008 Page 43 of 52 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: ~~'hereas an application has been made for the rezoning of the properfi~ herein; and ~'1'hereas the application has been referred to the "Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a written recommendation addressing the consistency of the proposed rezoning with the Town's comprehensive plan and such other matters as the Planning Board deemed appropriate; and ~~'hereas the Town Board has, prior to acting an the application, adopted a statement describing the consistency of the proposed rezoning with the Town's comprehensive plan and explaining ~+~hy the action contemplated by the 'Town Board as reflected herein is reasonable and in the public interest. NO~'f, "THE}7F,FORE, be it ordained as follows: Section l . The Zoning Map of the Town of Hillsborough is hereby amendad to rezone 9.6~ acres on the north side of Cardinal Drive from High briensity Commercial to Multi-Family (TMBL 4.A2.B.3k) SCCCion 2. All provisions of any town ordinance in conflict ~~'ith this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The ~Q1ng ordinance having been submitted to a vote received the following vote and was dul ~ DENIED 115 9`'' day of June, 2008. AVCS: NOlS: -~ Absent or Excused' i ~ ~ / ~ ~ ~ omia F. Armbrister, Tawn Clerk 43 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 44 of 52 ., 7 Ordinance No.,~G+_~' "f he foklowing ordinance was introduced by ComrnissionerL•~'~~ ~~~~'"~'~; and duly seconded by CommissionerL~~--~ AN ORDINANCE ANNEXING CERTAIN CtJNTIGUOUS PROPERTY N!NF,REAS, a petition was received requesting the annexation of 4.13 acres an the south side of LlS 70 A East (TMBL 4.40.A.10); WHEREAS, the petition was signed by the owners of all the real property located within such a~'ea; and WHEREAS, a public hearing on the annexation was held on April 17, 2008 following notice of such hearing published. in the News of Orange County on April 2 and Apri] 9. NON; THEREFORE, THE BOARD OF COMMISSIONERS FUR THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Board of Commissioners finds that a petition requesting the annexation of the area described in Section 2 was properly signed by the owners of all the real property located within such area and that such area is contiguous to the boundaries of the town of Hillsborough, as the term "contiguous" is defined in G.S. 160A-31(f). Section 2. The following area is hereby am~exed to and made a part of the Town of Hillsborough: Commencing at HCGS control monument "HEALS" having NC Grid coordinates North 840518.37 feet, East 19755]4.88 Feet {NAD$3); Thence N.10°06'56" E 1899.01 Feet (horizontal Ground Distance) to an iron pin control corner having NC Grid coordinates North 842387.87 Feet. East 1975848.41 Feet (NAD83) in the southwest right of way line of IJS Hwy 70-A East at the northeast comer of Owls Wood Development, LLC. (see Deed Book 3548, Page 372, and Plat Book 94, Page 97, Orange County Registry), THE POINT OF BEGINNING; Thence along 44 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 45 of 52 the southwest right of way line of US Hwy 70-A East with the east line of Owls Wood Development, LLC. 5.00°Ol ' 12"E. 21.86 Feet. to an iron pin in the southwest right of way line of US Hwy 70-A East at the northwest corner of A Public School of Choice lnc. (see Deed Book 3803 page 479 and Lot 3D Plat Book 79 Page 105 Orange County Registry) in the existing city limits line of Town of Hillsborough; Thence leaving the right of way line of US Hwy 70-A East and running along the existing city limits line with the west line of A Public School of Choice Inc. two (2) courses as follows: (1) S.00°01'113"E 339.15 Feet to an existing iron pin and (2) 5.00°02'09"E 252.06 Feet to an existing iron pin at the northeast corner of Owls Wood Development, LLC. {see Deed Book ] 851, page 409 and Plat Book 82, Page 104, Orange County Registry); thence continuing along the existing city limits line with the north and east lines of Owls Wood Development, LLC., two courses as follows: (1) N.75°56'23"W 380.35 Feet to an existing iron pin and (2) N.1 S°41' 12"E 225.59 Feet to an existing iron pin at the southeast comer of Edgar J. Hines (see Deed Book 223 page 949 and Plat Book 59 page 37, Orange County Registry); thence leaving the existing city limits line and running along the new city limits line with the east line of Edgar J. Hines N.16°l2'36"E 405.99 Feet to an existing iron pin in the southwest right of way line of US 70-A East 5.66°02' 14"E 212.67 Feet to an iron pin at the northeast corner of Owis Wood Development, LLC. (see Deed Book 3548, Page 372, and. Plat Book 94, Page 97, Orange County Registry), THE POINT OF BEGINNING and being al] of an area to be annexed containing 4.13 acres as shown on the plat entitled Contiguous Annexation Plat for Owls Wood Development, LLC by William H. McCarthy, Jr., Professional Land Surveyor, License Number L-3248, Summit Consulting Engineers, 100 Corporate Drive, Suite 101, Hillsborough, h?C 27278-8551, dated March 19, 2008. Section 3. This Ordinance shall become effective on adoption. Section 4. The Town Clerk shall cause to be recorded in the Office of the Register of Deeds of Orange County and in the Office of the Secretary of State an accurate map of the annexed temtory described in Sections 2 and 3 together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. I63-2$8.1. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9t° day of June, 2008. Ayes: 5~ Noes:-~~ _ Absent or Excused: ~~.~` ti ~S '~. Q ~ `. a ~ . 1~ ~p ": ~ ,~o,,,, G '' of tJ~ '- j-ills gn y ~ SEAL ~~ ~~ ,.: '~~~''•., CARO~~ ~~~~~~ own of Hi lsborough Donna F. Armbrister, Town Clerk 45 Junc 9, 2008 Regular Meeting Approved: July 14, 2008 Pagc 46 of 52 _:.... ,x AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Whereas an application bas been made for the rezoning of the property herein; and Whereas the application has been referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a writien recommendation addressing the consistency of the proposed rezoning with the Town's comprehensive plan and such other matters as the Planning Board deemed appropriate; and Whereas the Town Board has, prior to acting on the application, adapted a statement describing the consistency of the proposed rezoning with the Town's comprehensive plan and explaining why the action contemplated by the Town Board as reflected herein is reasonable and in the public interest. NOW, THEREFORE, be it ordained as follows: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to rezone 11.52 acres on the south side of US 70-A East from Limited Office and County R-] to Multi-family Special Use (TMBL 4.40.AJ 0 & part of 9d} Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The for omg ordinance having been submitted to a vote received the following vote and was dul ADOPT ENIED this 9'h day of June, 2008. Ayes: 5" Noes: d Absent or Excused: ~ ~~~tititii~~r3/`~~trrri,./.~ ` VV _ ~--;illslkb~o~tjgn ~ ~,,~ N C~{p~ ~~. r~~~NlU1f1N'e, i onna F. Armbrister, Town Clerk 46 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 47 of 52 TO~'~'N OF H1LI.SBOROUGH BOARD OF COMMISSIONF,RS RESOLUTION GRANTING A SPECIAL USE PERI\IIT SUBJECT "I'O SPECIAL, CONDITIONS AFFECTING l IS2 ACRES OF LANll IDENTIFIED AS 4.40..A.10 AND a portion of 4.40.A.9d V1}~IEREAS, the 'Town of Llillsborough Board of Commissioners has received an application from Eno Haven LI_.C for a Special Use Permit to allow the development of 11.52 acres of land located on the on the south side of US 70-A East to authorize the construction of an age restricted rental property being all of 4.40. A.10 AND a portion of 4.40.A.9d, and WHEREAS, the Town of Hillsborough Planning Board and the Board of Commissioners conducted a joint public hearing to consider the application on April 17, 2008 after giving notice thereof as required by law'; and WHEREAS, at the aforesaid public hearing, the Applicant and all others wishing to be heard in connection with the Application were given an opportut~ity_ to do so; and WHEREAS, the Town of Hillsborough Planning Board has made it's recommendation to the Town of Hillsborough Board of Commissioners regarding the Application; ~~'HEREAS, the 'Ibwn of Hillsborough Board of Commissioners has considered the recommendation of the Planning Board and all the information and testimony presented to it at the public hearings. MOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of Co~m~~m/ilssioners, on motion of G. f,~i~.~ft~Clmfl~i seconded by ~y~~~C /~,f~J,~/g ,this 9`h day of.lune, ?008 as follows; 1. The Board of Commissioners has considered all the information presented to it both in support of and in opposition to the application at the Apri] public hearing; 2. The Board of Commissioners finds that the requested permit is within its jurisdiction according to the Table of Perniissible Uses, that the application is complete, and that iI'ihe 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 hereto are intended to preserve andJor promote the health, safety and welfare of the sun~ounding areas and the Town of Hillsborough in general, and to insure that the Perforn~ance Standards established by Section 4.49 of the Zoning Ordinance are met. 4. Upon adoption of this Resolution, the Town of Hillsborough shall issue a Special Use Pernit in the standard form with the Special Conditions attached and notice of this decision and issuance of the special use permit shall be transmitted forthwith in accordance with Section 4.42. l0 of the Zoning Ordinance. 47 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 48 of 52 "fhc Special Conditions applying to this Special Use Permit are: a. "I'he Town Engineer will approve final water, sewer, and storn~waier plans for the site. b. All other required permits and reviews will be secured by the applicant before construction begins, including but not limited to: fire, zoning, and building code. c. The site plan be amended to show space for 30 additional parking spaces be. identified for possible future need d. All lease signers be 55 or older e. The bus pull-out would share the right-turn lane at the entrance on US 70A f The management company will provide bus service to residents at least 3 days per week as determined by the residents g. Staff will be provided on-site 40 hours a week with additional coverage via keyholder residents for the additional 1G hours on weekdays and 24 hour coverage on weekends. h. The applicant will construct a sidewalk connecting the site to the CorE~orate Drive cal de sar when an easement is provided. i. The project shall be operated consistent with the application materials regarding services provided on site. The foregoing Resolution was put io a vote of the Town of Hillsborough Board of Commissioners, the results of which vote are as follows: Ayes: ~ Noes:~~ Absent or Excused: i Dated: / ~/ ~'~ ~ ~ _._- Donna Armbrister, Town Clerk _ `~~0~ NiLCSSof,~ ,~, o Tnur ~~~ ~~ _ N~lis~~p ,2 '~ ~v ~.~4',` ,'9T CARS \,~~~ 48 June 9, 2008 Regular Meeting Approved: July 14, ?008 Page 49 of 52 Town Board's Statement per N.C. Gen. Stat. lbOA-383 The Town of Hills borough Town Board has received and reviewed the application of. Er7~ Haven LLC to amend the Town of Hillsborough Zoning OrdinancelMap as follows (insert general description of proposed amendment): to rezone 11.52 acres currently zoned Limited Office and County R-1 to Multi-family Special Llse (TMBL 4.40.A.10 8~ pari of 9d) The Hillsborough Town Board has determined that the proposed action is consistent lineonsistent with the Town of Hillsborough's comprehensive plan , and the Town Board's proposed action on the amendment is reasonable and in the public interest for the following reason(s): The Multi-family zoning introduced a residential component to the proposed mixed use designation for this vicinity shown on the Future Land Use Map an(3 the Special Use permit process allows detailed review of the development plan for the site. Adopted by the 'Town of Hillsborough Board of Commissioners this~ay of ~, 200 nwn Clerk 49 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 50 of 52 AN ORDINANCE AMEI~rDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: y~~hereas an application has been made for the rezoning of the property herein; and Whereas the application has been referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a w-•itten recommendation addressing tt-e consistency of the proposed rezoning with the 'Town's comprehensive plan and such other matters as the Planning Board deemed appropriate; and «'hcreas the Tov~ n Board has, prior to acing on the application, adopted a statement describing the consistency of the proposed rezoning with the Town's comprehensive plan and explaining why the action coutemplated by the Town Board as reflected herein is reasonable and in the public interest. NO~'~', THEREFORE, be it ordained as follows: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to rezone l 1.52 acres on the south side of US 70-A East from Limited Office and County R-1 to Multi-family Special Use (TMBL 4.40.A.10 & pan of ~d) Section 2. All provisions of any town ordinance in conflict with this ordinance arc repealed. Section 3. "I~his ordinance shall become effective upon adoption. "Che fore o-~ ordinance having been submitted to a vote received the following vote and was duly OPTEI~DENIED this 9`~ day of June, 2008. AVCS: Noes:~~ ~_--- Absent or Excused: w ~ ~ , O ~~' _ .,_ A ~~." r `/ • _ l` Donna F. Armbrister, Town Clerk 50 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 51 of 52 Town Board's Statement per N.C. Gen. Stat. lbOA-383 The Town of }sills borough Town Board has received and reviewed the application of Jahn Rigsbee/Vintage Auto Shoppe to amend the Town of Hillsborough Zoning Ordinance as follows: To delete the prohibition of outside storage from the definition of vehicle restoration and establish performance standards for permitted storage. The Hillsborough Tawn Board has determined that the proposed action is inconsistent with the 'Down of Hillsborough's comprehensive plan, and the Town Board's proposed action to deny the amendment is reasonable and in the public interest for the following reason(s): "1'he existing ordinance language constitutes the rules the applicant agreed to operate under when he constructed his business. Allowing outdoor storage fw~ a business located along a major transportation corridor is inconsistent with the town's comprehensive plan. The existing use is adjacent to sensitive environmental area (Eno River and River walk). Adopted by the Town of Hillsborough Board of Commissioners this 9th day of Junc, 2008. i Town Clerk 51 June 9, 2008 Regular Meeting Approved: July 14, 2008 Page 52 0l' S2 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF HILLSBOROLGH THE BOARD OF COMMISSIONERS OF THE TO~~'N OF HILLSBOROUGH ORDAINS: Section 1. Section 25 of the Hillsborough Zoning Ordinance is hereby amended by deletrng `Outside storage and sales are prohibited" from the definition of vehicle restoration. Section 2. Section 5.27.a of the Hillsborough Zoning Ordinance is hereby amended by adding "vehicles and vehicle pans awaiting restoration (for vehicle restoration uses only)" between "off-site" and "and". Section 3. Section 5.27.b of the Hillsborough Zoning Ordinance is hereby amended to read: "Storage areas shall be located wholly behind buildings or screened from adjacent properly and roadway view with a Type 1 screen. If the site has pre-existing impervious surfaces that prohibit installation of landscape material, a substitute screen of an opaque fence at least 6' in height will meet this requirement." Section d. All provisions of any town ordinance in conflict with this ordinance arc repealed. Section 5. This ordinance shall become effective upon adoption. The foregoing ordinance having becu submitted to a vote, received the fallowing vote and was d-ihis 9`" day of June, 2008. .DFNiE Aves: Noes: -- -~-- / , Absent or F,xcused:__~`___ ~ ``t,~r~uiin,~~~i ~' a :.~, ~ ~: do ~~ ° "=. .~ ~ - - .~ - .~ - .' onna F. Armbrister, Town Clerk. 52