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HomeMy Public PortalAbout09-08-2008 Regular MeetingSeptember 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 1 of28 ,~~~ ~;~ ~ MINUTES ~f HILLSBOROUGH TOWN BOARD September 8, 2008 ,~~,'~; ~ _ -~ 7:00 PM, Town Barn PRESENT: Mayor Tom Stevens, Commissioners Frances Dancy, Evelyn Lloyd, Brian Lowen L. Eric Hallman, and Mike Gering. STAFF PRESENT: Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Nicole Ard, Town Clerl~/Director of Administration and Human Resources Donna Armbrister, Planning Director Margaret HaLrth, Town Engineer/Utilities Director Kenny Keel, Finance Director Greg Siler, Police Chief Clarence Birlchead, and Town Attorney T.C. Morphis. Mayor Stevens called the meeting to order at 7:03 p.m. 1. PUBLIC CHARGE Mayor Stevens did not read the Public Charge, but noted it would be followed. 2. INTERVIEW VOLUNTEER CANDIDATE TO SERVE ON THE TREE BOARD 7:04:07 PM Ken Hines introduced Pascale Mittendorf, noting if she were to be appointed to the Tree Board she would be their first international representative. He stated she came highly recommended by the Tree Board, adding that she had a strong scientific background that would be useful for the Tree Board, and she already had some volunteer experience within the Town. 7:04:46 PM Pascale Mittendorf provided the Board with some brief comments regarding her background and interests, noting she had lived in Hillsborough for three years and was a Biologist. Commissioner Lloyd noted she had enjoyed reading Ms. Mittendorfs resume and was happy she had applied. 3. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:06:27 PM Darcie Beecroft, the new Executive Director of the Orange County Historical Museum, introduced herself to the Board and provided some brief information regarding her background, education, and interests. She invited the Board to visit the Museum at their convenience. 7:08:08 PM Franlc Cohen, Manager of Coachwood Apartments, stated they had over 100 tenants, and was attending tonight to make sure the Town Board was aware of their concerns. He said there had been some recent newspaper articles regarding his and others work with the Police Department to address some of those concerns, one of which was that some of his tenants had September 8, 2008 Regular l~7eeting approved: October 13, 2008 Paget of28 experienced difficulty in having their water meter read properly, and he was particularly interested in hearing the Water Audit report scheduled for this evening. 7:09:40 PM Commissioner Lowen stated he believed this was the first time in his tenure on the Town Board that one of the Town's apartment managers had attended to address the Board, and thanked him for his interest. He said he was excited about solving the problems at Coachwood and seeing that whole area evolve into something great. Commissioner Lowen said the Town Board would work with him in any way possible. 7:10:22 PM Mr. Cohen expressed his appreciation for the help he had already been given, noting the Town had been responsive. 4. AGENDA CHANGES & AGENDA APPROVAL 7:11:54 PM Commissioner Gering added consideration of the Tourism Board Website Development Contract as Item 10.H. 7:12:22 PM Town Manager Eric Peterson moved Item 10.B to the end of the agenda. He also added the Certification of the Orange Rural Fire Department as the provider of fire protection for the Town to the Consent Agenda as Item 9.E. Mr. Peterson added a Closed Session item to provide an update on property acquisition regarding the Collins Property as Item ll.B. 7:13:33 PM Town Attorney T.C. Morphis added a Closed Session item regarding an update on the current Coucoulas/Knight v. Town of Hillsborough (Courtyard Condos) as Item ll.C. 7:13:51 PM Planning Director Margaret HaLrth added an update on the Elizabeth Brady Road Project as Item 10. I. 7:14:50 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Gering, the Board moved to approve the Agenda as amended by a vote of 5-0. The motion was declared passed.. 5. APPOINTMENTS A. Consider appointments to fill a vacancy on the Tree Board 7:15:06 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to appoint Pascale Mittendorf to a frill term on the Tree Board by a vote of 5-0. The motion was declared passed. 6. COMMITTEE REPORTS (C~itical) 7:15:26 PM Commissioner Hallman said that the Strategic Growth Committee was having two public fonuns Wednesday at the Community College from 4 to 8 p.m., noting the fonuns were to provide information about the process to be used over the next six to nine months. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 3 of28 7. REPORT FROM THE TOWN MANAGER 7:16:20 PM Mr. Peterson stated he had three updates. First, he said, was in regards to Conflict Management Training. He said the Dispute Settlement Center had suggested atwo-day course to teach facilitation training to employees who could then teach it to other people. Mr. Peterson said they were going to try to partner with other organizations to put together a class, adding they had identified 15 Town employees to take the class. Mr. Peterson said in regard to the Hybrid Escape for the Safety Officer, that alternative fuel vehicle had been obtained and assigned to the Safety Officer. He stated the identifying markings on the vehicle were subtle but effective. In regards to fiiel savings, Mr. Peterson said they had set a goal of reducing fuel consumption by 10% over the prior year, and their first quarterly fiiel report would be coming in the next two months. He said that report would be included on the agenda, noting the departments were malting changes to try to meet that goal. 8. DEPARTMENTAL REPORTS A. Receive report on FY08 Water Audit 7:19:14 PM Town Engineer/Utilities Director Kenny Keel stated they had brought down the percentage of unaccounted for water from 19% to 12%, which was the target they had planned to reach by 2012. He stated part of that was attributable to better traclting methods as well as the use of the AWWA water audit software. Mr. Keel said that after two successive weeks of having about 5" of rain each week, they were now releasing more water than required and had well over 300 days of water supply. He said rather than purchasing a utility vehicle for use at the Wastewater Treatment Plant as planned, the operators had discussed it and decided that an industrial tricycle with a platform on the back for hauling could be used to make the rounds around the plant. Mr. Keel said that vehicle had been ordered and would be operated by "human" power as the alternative fuel. He added that rather than the $7,000 budgeted the new tricycle was only $1,100, and would cut down on maintenance and improve the health of the operators. Mr. Keel stated they had experienced two sewer spills, but they were relatively minor considering the amount of rain experienced. He said they had had four pump stations to overflow, and the total for all four was less than 8,000 gallons. Mr. Keel said just as preliminary statistics, the peak flow rate they had gotten from the river on Saturday was tied for the largest peak they had experienced in the last ten years, measured at a little over 4,500 cubic feet per second. He said it was well less than the peak flow they had received during Hurricane Fran at 11,000 cubic feet per second. Mr. Keel said that their AWWA Infrastnicture Leakage Index dropped to 1.41, noting their target range was 1.0 to 3.0. He said in FY 07 it was 2.53, and in FY 06 it was 2.97. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 4 of2R 7:24:26 PM Mayor Stevens said it was impressive how they were able to bring down the percentage of unaccounted for water. He said now that they were better able to account for it, did they have a sense of where they were loosing it. Mr. Keel said he was not prepared to report on that tonight, but it was primarily from finding leaks, being more aware of such leaks and addressing them more quicldy, keeping better track of water during the flushing program, and also getting better data from the Fire Department about how much water they used for emergencies. 7:25:42 PM Mr. Peterson stated that completing the meter replacement program was another part of that, and that program was continuing. 7:26:12 PM Finance Director Greg Siler said that right before the storm, they had taken the information from their utility system and sent an update over the Reverse 911 system. He said they now had the ability to nm a report of just phone numbers, and to his surprise about 10% of their customer base did not have a phone number in their files. Mr. Siler stated he wanted to put the word out to the public that the Town would very much like to hear from those customers so that they would have complete files in case of emergencies. Mayor Stevens said they could access that through the Web site or call the Water Department to list their phone numbers. Mr. Siler said that was correct, noting that customers could email them as well. 7:27:29 PM Mr. Peterson stated that Information Officer Catherine Wright was working on updating the Citizens Newsletter, and suggested that Mr. Siler provide that information to her to be included in the Newsletter. Mr. Siler agreed to do so. 7:27:37 PM Mayor Stevens said that the Mayor Pro tem and he had had the opportunity to visit the Emergency Operations Center with the Town staff, which was impressive to see. He said there was much preparation that went on behind the scenes in preparation for such events as the recent storm, and he personally rested better knowing how much preparation went into emergency preparedness and getting the Code Red word out. Mayor Stevens thanked the staff for its good work. 9. ITEMS FOR DECISION -CONSENT AGENDA A. Consider Approval of the Minutes of the July 14, 2008 Regular Board Meeting; the July 14, 2008 Closed Session; and the July 17, 2008 Joint Public Hearing B. Consider Adoption of the 2009 Town Board Meeting Schedule C. Consider Approval of various Budget Amendments D. Consider Approval of a Litter Sweep Resolution E. Added Item -Certification of Orange Rural Fire District 7:28:40 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to approve the Consent Agenda by a vote of 5-0. The motion was declared passed.. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page ~ of2R 10. ITEMS FOR DECISION -REGULAR AGENDA A. HYAA President Steve Piscitelli will address the Board Regarding the Town's Pending Purchase of the Collins Property 7:29:04 PM Steve Piscitelli stated he was currently the President of HYAA but his term expired in two weeks. He introduced Eric Smith Breeden who would be the incoming President. Mr. Piscitelli stated regarding the Collins fields, he did not know where to start to thank the Town for purchasing that property. He said it was such a relief that those fields would be preserved for the 500+ children who played there, and on behalf of the Board, the parents, the volunteers and the children he was sending their thanks and appreciation. Mr. Piscitelli said they had been providing the maintenance on those fields, such as cutting the grass and removing debris, and were happy to continue to do that. He said they had a lease for the Collins property, and had met with Mr. Peterson because the HYAA would like to pursue a new lease with the Town once the property was purchased. Mr. Piscitelli said regarding improvements, they would like to improve the batting cages, the dugouts, and several other things that they had the fiords to do at this time. He said they would now like to move forward with those improvements to the fields. Mr. Piscitelli said they would certainly like to expand and build another field or two, or perhaps a playground, and did have some fiords available for those types of things. He said as the Town went forward with its plans, he hoped that they would keep in mind HYAA's hopes for expansion, and that they would like to be involved in any discussions regarding that property. 7:32:54 PM Mayor Stevens stated he believed he spoke for the Town Board when he thanked Mr. Piscitelli for all that the HYAA did for the community, noting that was a big consideration in malting sure that property remained available to the children in the greater community. He stated they did not have specific plans at this time, but understood that the property was strategic for ball fields, rail stations, land that could be swapped, and the like. Mayor Stevens said he was sure there would be much community conversation about what was the best way to put that land to good use, and ball fields was certainly a large part of that. 7:33:51 PM Mr. Peterson stated that once the closing on the Collins property was accomplished, then they could go forward with discussions with HYAA regarding the use of the property. He said it was possible they could allow HYAA to use more of the land temporarily until the Town made concrete decisions on how it would be used in future. Mr. Peterson said once they closed on the Collins property, those issues could be discussed as they worked out a new lease on the ball fields. B. Amendment to the Town Code, Section 4-17 (Employment of Relatives) This Item was moved to the end of the meeting. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 6 of2R C. Consideration of an ordinance to annex 7.85 acres with access to Tuscarora Drive and US 70 A East which is currently zoned R-20 and approved for development as Riverbend II subdivision (TMBL 4.37.C.2, 2a, AND llc) 7:34:49 PM Ms. Hauth stated this item was discussed at the joint public hearing in July, noting it was a condition placed on the subdivision that the property owner petition for annexation. She said he had done that, and the owner was rapidly approaching his request for final plat as well. Ms. Hauth said at the July workshop the Town had accepted the utilities, although there was some work left to be done on the street in order to make it a public road. She noted that no public comment had been heard at the public hearing, and the Planning Board was recommending approval of the annexation request. 7:35:54 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to approve the ordinance to annex 7.85 acres with access to Tuscarora Drive and US 70A East by a vote of 5-0. The motion was declared passed. D. Consideration of an ordinance to rezone .59 acres at 516 Revere Road from R-20 to General Commercial (TMBL 4.13.A.15) 7:36:18 PM Ms. Hauth stated that this item was also heard at the July public hearing, noting that a general purpose rezoning had atwo-step process. She said if the Board decided to annex the property it would be necessary for the Board to adopt the Section 160A-383 statement and adopt an ordinance consistent with the statement. Ms. HaLrth said at the public hearing several neighbors spoke who were concerned about the fact that it was a General Purpose rezoning and the vague aspects of that, as well as concerns about traffic. She said there was a Protest Petition filed but it did not qualify as such since the petitioner lived too far away from the subject property. Ms. Hauth said the Planning Board had taken all of that into consideration when it reviewed the application, as well as the US 70 Corridor Plan and the findings in the Section 160A-383 statement. She said the Planning Board had determined that the application was premature, since the fiill US 70 Plan had not been implemented and there was not a fiill Special Use rezoning process that they could choose to go through so that the public could see the development plans for the property at the time the rezoning was filed. Ms. Hauth said the recommendation from the Planning Board was for denial of the rezoning request. Ms. Hauth noted for the record that there were persons present tonight who wanted to speak on the issue, although the Board had closed the public hearing held in July. 7:38:15 PM Mayor Stevens asked the Town Attorney if it was appropriate to allow persons to speak on this issue tonight, since the public hearing had been held in July and then closed. Mr. Morphis stated the Town Board could reopen the public hearing, but public notice would need to be given and the issue delayed until such time as that notice was publicized. He said that would mean the Board would not discuss the issue tonight. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 7 of2R 7:39:05 PM Mayor Stevens stated he wanted to make sure they followed their due process protocols to make sure they were fair to everyone. Mr. Morphis agreed, noting that holding a new public hearing tonight to get more public comment would not be appropriate. He said if the Board wanted more public continent, he would suggest the public hearing be advertised and held at a later meeting. Mayor Stevens, speaking to those in attendance, noted that once the public hearing had been closed, the Board could not, by law, accept additional public comment. He said only the comments received at the public hearing were to be considered. Mayor Stevens asked the Town Board if it was their choice to reopen the public hearing for a later date. 7:39:44 PM Commissioner Gering said if the rezoning was denied, was there a waiting period before the applicant could reapply. Ms. Hauth responded the Code did provide for aone-year waiting period if it was the same application. She said the Town Board did have the ability to waive that, which it had done in the past. Ms. HaLrth said the way they had interpreted that in the past was if the owner were to come back and seek General Commercial rezoning, then that would essentially be the same application and it would be the Town Board's choice whether or not to waive the one-year waiting period. She said the Board could waive that requirement tonight or wait until an actual application was received. Ms. Hauth said if the Town had the opportunity to craft the Special Use district that the US 70 Corridor Plan envisioned, that could also be interpreted as a different application, particularly if it became a Special Use Pernut process because that was very different from a General Purpose rezoning where they would actually have to present plans. 7:41:00 PM Conunissioner Hallman asked if the applicant was present. Ms. Hauth responded yes, noting that in the past if the Board had specific questions they had entertained a question and answer exchange after the close of a public hearing. 7:41:25 PM Commissioner Hallman said it was his recollection that they traditionally had not done zoning changes without some kind of site plan. Ms. Hauth said for a General Purpose rezoning, an applicant could display a site plan but it was not binding. She said she actually discouraged applicants from providing that information because it was distracting. 7:42:16 PM Commissioner Lowen agreed with Commissioner Hallman that they did have a tradition, but he believed this situation was unique because this particular property was identified in the US 70 Corridor study as one that would be ideal for conunercial development of some sort. He said he had read the Planning Board's discussion about this, and he understood that the applicant's plans were somewhat vague. But, he said, the owner, Nathan Parker, and the adjacent property owner, Mr. Beasley, had both served on the US 70 Corridor committee with him and Commissioner Gering, and he did not believe they would allow something to be put there that would be detrimental to the area. Commissioner Lowen said he understood the Planning Board's hesitation, but believed that rezoning the property to General Commercial would be a positive move. Conunissioner Lowen said there were comments made at the Planning Board meeting that this would allow traffic to come out of the back of the Lunsford's. He stated there were already two September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page R of2R driveways at the back of the Lunsford's that had been there for 25 years, and by rezoning this and if things moved forward as hoped by Mr. Beasley and Mr. and Mrs. Parker, then they could work together as a team and try to mitigate any traffic problems. He said he believed the rezoning was a good idea. 7:44:43 PM Mr. Morphis stated he wanted to comment on the idea that you did not have to look at a site plan with a General Purpose rezoning. He said theoretically the Board had to consider all the uses that went with a rezoning. 7:45:01 PM Commissioner Gering said he had worked Commissioner Lowen on the Cornelius Street plan, and primarily what they envisioned as the next steps for that plan was to draft guidelines or districts that would be like the other districts they already had and would require special use permits. He said unfortunately, if they rezoned this to General Purpose that did not bind subsequent owners to the Parker's and Mr. Beasley's vision. Commissioner Gering said these opportunities for recording special use permits along areas that had been studied should be taken advantage of. Whereas if they granted this General Purpose rezoning now, he said, trying to rezone it later to something that would have more limited uses would be very problematic. Commissioner Gering said in the future if someone wanted to redevelop it to something outside of the parameters of what the Town envisioned, that person would legally be able to do so. He said the idea of combining multiple properties together for something that could work more together did make a lot of sense, and that sort of reapplication could occur before the year was up. Commissioner Gering said he was in favor of erring on the side of caution and following the kinds of procedures used in the past of using the special use permit process so they could consider master plans as part of a rezoning and hold future owners to the pernutted uses that were approved with the special use permits. 7:47:27 PM Commissioner Dancy said she believed the Board had already agreed that they needed to follow their guidelines, and had actually set the guidelines as to how the entire US 70 corridor would be handled. She said this was a good opportunity to do something there, but she wanted to look at the big picture and see what might be possible and not make piecemeal decisions. 7:48:16 PM Commissioner Lloyd said she agreed with Commissioner Gering and Commissioner Dancy. She said she also agreed somewhat with Commissioner Lowen, but believed if they did not have the guidelines in place then they may face problems in the future if the property were resold. Commissioner Lloyd said it may be pnident to wait and not take the chance of setting a precedent. She said that was an important spot and she believed they needed to wait and make sure it was done right using the guidelines the Board had agreed on. Commissioner Lloyd said she agreed with what the neighbors were proposing, but there were citizens who had expressed concerns and she did not want to take a chance on doing something that would cause problems later on. 7:50:17 PM Mayor Stevens said he believed what was being said was that the Board should be cautious and not approve the rezoning now because it would be harder to rezone later, but, that if there was a specific plan coming forward the Board would be willing to waive the one-year waiting process and look at those plans. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 9 of28 7:50:48 PM Commissioner Lowen said he understood fiilly what the Planning Board's concerns were as well as the other Board members' concerns, but he wanted to assure them that regardless of what was planned for that property, there would be concerns. He said they would never please everyone, and believed that in order to achieve progress you sometimes had to have faith and move forward. Commissioner Lowen said in his personal opinion it would benefit the Town if Mr. Parker was allowed to move forward with the General Conullercial zoning. He said the fact that it was already surrounded on two sides by General Commercial, if nothing else changed, did not make that particular house or the one next to it the best spot for residential living. Commissioner Lowen said he believed that combining those properties together as General Conunercial would make for a valuable piece of land that would be marketable. 7:52:40 PM Commissioner Lloyd asked how much more work was needed before the guidelines were in place. Ms. HaLrth stated the committee work was done and it was now a part of the Zoning Ordinance rewrite process. She said she believed it would not be unreasonable for the Board to entertain a request to Entranceway Special Use for that property, and that district and all of its guidelines were already in place. Ms. Hauth added that would require the applicant to have a development plan. She said that was not what they intended for the corridor, but it was a tool that could be considered. 7:53:45 PM Commissioner Lloyd said how long was the rewrite process. Ms. Hauth responded 18 months. Commissioner Lloyd said she did not want them to have to wait 18 months, and suggested perhaps the Board should consider Entranceway Special Use for that property. 7:54:42 PM Commissioner Dancy said that might be possible if the owners were interested. Ms. Hauth said or if potential buyers were interested in going through the process. 7:55:06 PM Commissioner Lowen moved to adopt the Section 160A-383 statement that this amendment was consistent with the Future Land Use Map and the recommendations of the US 70/Cornelius Street Plan. Commissioner Lowen's motion died for lack of a second. 7:56:01 PM Conunissioner Gering moved, seconded by Commissioner Hallman that according to the Section 160A-383 statement, the rezoning was denied because it was inconsistent as follows: the design aspects and recommendations for a special use permitting process from the Cornelius Street Plan are net yet in place; without a development plan, the application seems like encroachment of commercial uses into a residential area; traffic concerns raised by the neighbor could not be addressed with General Purpose reasoning; and, the Zoning Ordinance indicates that General Commercial should generally not be located adjacent to residential uses. 7:56:36 PM Commissioner Hallman stated he believed everyone was interested in the redevelopment of this property, but they preferred to go through the special use process. He said September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 10 of 28 he hoped that Mr. Parker would come back to the Town with something soon because they were supportive of redevelopment, but that it occur under the special use process. 7:57:35 PM The vote was 4-1, with Commissioner Lowen voting Nay. The motion was declared passed. 7:57:53 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman, the Board moved to deny the rezoning request by a vote of 4-1, with Commissioner Lowen voting Nay. The motion was declared passed. 7:58:27 PM Ms. Hauth asked if the Board was inclined to offer the staff some direction now regarding a reapplication and the possible waiver of the one-year waiting period. Commissioner Hallman stated he believed in this case they were indicating their preference that redevelopment take place under a special use permit, which could happen at any time. Ms. Hauth agreed, noting she would only need direction from the Board if the applicant would be coming back a General Purpose rezoning within one year. 7:59:24 PM Commissioner Gering stated when he had entertained the possibility of applying before a year was up, he had not considered Ms. HaLrth's suggestion that the applicant could come back under the Entranceway Special Use process. He said he believed that was the best solution, so there was no point in waiving the one-year waiting period since the Board had stated a preference for a special use application. Commissioner Gering stated he was anxious to see this type of redevelopment occur, and from his view the Entranceway special use process seemed the most suitable vehicle to accomplish that. E. Consideration of request from Corbinton Commons to establish a phasing schedule for construction of infrastructure improvements 8:00:54 PM Ms. Hauth stated that during the review of Corbinton Commons modification of the special use permit establishing the CCRC model as an option, it was noted that it would take some time before they knew for certain that they would be constricting the CCRC portion of the site which could lead to some minor redesign of the street location. She said the applicant was asking that the piece highlighted in the packet not be required to be constricted immediately but at some later time. Ms. Hauth said she had raised the concern about the fact that there were 70 houses in the non-CCRC portion that could then be constricted with essentially one way in and one way out, with only one road providing access. She called attention to the letter included in the materials from EYC, and she believed they would entertain some timing mechanism at which point the road connection would need to be constricted. 8:02:12 PM Craig Ferri, Vice President of EYC Companies, said he believed that whatever staff was comfortable with in the way of the maximum number of lots served by a single access, they would comfortable with as well. He said they understood they would need to complete the public infrastructure through the CCRC site, but they also knew the timing did not work well if they were to complete it right now. Mr. Ferri said there was a good chance it would have to be modified if they completed it now and that seemed like a waste. He said they did not necessarily September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 11 of 28 need that second entrance for the single family side of the site, in that it would not affect the homes or the ability for traffic to move in or out. Mr. Ferri said at some point the number of homes would be too many for the single entrance, and at that point or when the CCRC plans were finalized then they would complete the road, whichever came sooner. Mr. Ferri stated all of that would be covered by the bond they would put up at the time they did their plat. He said they wanted to put in the arch culverts that crossed the wetlands and stop it there, and not complete the road from that point up to the end of the median which came off the second entrance off of US 70. 8:04:22 PM Mayor Stevens said that sounded straightforward to him. Mr. Ferri said his interest was in malting sure that staff had the ability to make the decisions on the details, such as how they terminated the road and how they dealt with the water and sewer work, so that the Board would not have to revisit this. 8:04:59 PM Mayor Stevens asked were there consequences that the Board needed to be aware of should they approve this request. Ms. Hauth responded in some ways it depending on how EYC intended to do the project, and they did not necessarily know all of those details yet. She said it was becoming more and more common for people to get their approvals and then bond for all of the improvements, and then the Town would slowly release a portion of the bond as those improvements were worked through. Ms. Hauth said in the past all infrastnicture was required to be put in prior to selling the lots, but that was no longer the standard. She said she was not sure one process was better than the other, but they did have the processes in place where if the applicant did not bring forward a finished project, they would have to bond for 125% of their constriction costs, which then protected the Town in the event that the developer went away and the Town had to contract for the work to be done. Ms. Hauth said she believed they had a reasonable amount of experience to protect the Town's interests in these types of projects. She said the question for the Board was what was that threshold would be, that is, at what number of houses would the road need to be opened, or at what point CO permits were issued on "x" number of houses the road would need to be opened, or some combination of that. Ms. Hauth said you could also look at it from a public safety standpoint, in that if a tree were to fall and block the road how emergency vehicles would access the site. 8:07:06 PM Commissioner Gering said he understood Mr. Ferri to say it did not matter what that threshold was just as long as it was known. Mr. Ferri said basically, yes, just as long as it coincided timing-wise with the CCRC design timeline, but right now they did not ltnow what that was. 8:07:31 PM Commissioner Gering asked if he could accept some level of indeterminacy tonight. Mr. Ferri said he believed so, noting he believed whatever number they came up with would be a reasonable number. Ms. Hauth said she would prefer to have a firm number, and that it be tied to whether they need to have started the road at the time the permit was issued, or that they start the road constriction September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 12 of 28 before that number of CO's was issued. She said she would like the Board to be as specific as possible. 8:08:22 PM Commissioner Gering said he was going to offer staff the authority to make that decision. Mr. Morphis said essentially the request was like a modification to the special use permit, and he believed a modification of that level needed to be made through specific guidance from the Town Board. Commissioner Hallman said it sounded like the critical thing was the tinting with the CO's. Commissioner Gering suggested that the constriction of the road be completed before the 30tH CO was granted. 8:09:19 PM Commissioner Lloyd said she was worried about the possibility of an emergency and emergency vehicles not being able to get through. She said the number of houses, whether 5 or 30, would not matter in such an event. Mayor Stevens said at this point the number was arbitrary, but 30 had been suggested. Mr. Morphis said the Board would need to specify in its motion how much of the road needed to be completed, since Mr. Ferri had described the work involving the culverts over the wetlands. Commissioner Gering said then he would elaborate that constriction of the road must be completed and accepted by the Town before the 30th CO was issued. Ms. Hauth said that would mean that the road infrastricture would be completed as shown on the plan to allow the second connection with US 70. 8:10:46 PM Commissioner Gering moved, seconded by Commissioner Hallman, that the constriction of the road must be completed and accepted by the Town before the 30th CO was issued. Commissioner Gering amended his motion to refer to the map included in the packet of materials, in that the highlighted section of the road be completed and accepted by the Town of Hillsborough before the 30th CO was granted. Commissioner Hallman accepted the amendment. 8:11:28 PM Commissioner Lloyd asked when the plans called for the Duke Wellness facility to be constricted. Mr. Ferri stated that was not finalized as yet, but they had received approvals from the State to move forward and they expected to finalize and announce the formal agreements with the health care system later this month. He said they would then start the deposit portion of their sales, which should be completed by the spring of 2009. Mr. Ferri stated overall they were three to four months behind where they had anticipated being. Ms. Hauth said that facility would likely be opened before the first house was on the ground. 8:12:35 PM The vote was 5-0. The motion was declared passed. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 13 of 28 F. Authorize staff to call a public hearing on September 22 (workshop) for the Town Board to hear evidence about a code enforcement concern at 133 East King Street 8:12:48 PM Ms. Hauth stated there was ongoing constriction work taking place at this site, and they had informed the owner that they had done some work that had not been approved by the Town. She said they had stopped work on the site, done their standard form of notification of violation, and they had not gotten a good response from the owner. Ms. Hauth said because of the work, which was doing some sharp cutting and grading on the back half of the site, they were concerned about the potential damage to the neighboring property owner, in that the slope could fail and wash some of that property onto the neighboring property. She said because of that condition, in addition to pursuing the zoning aspects, they would like to pursue a second code option under the Nuisance Abatement section that allowed the Board to determine whether a situation was damaging or prejudicial to the public health and safety. She said that was the hearing they were requesting the Board call for September 22, so that they could present additional information and give the property owner the opportunity to offer comments. Ms. Hauth said if the Town Board agreed that the situation was dangerous, the staff could then be directed to take measures to correct that situation and abate the nuisance. She said she understood that was an extraordinary circumstance, but it was a fairly unusual circumstance they were dealing with in terms of potential damage to the neighboring property. 8:14:51 PM Commissioner Lloyd asked what would happen if the property owner did not attend the hearing. Ms. Hauth said that would not matter, that as long as he continued to receive his notices the Town could continue to move forward. 8:15:04 PM Conunissioner Gering asked if there were any fines associated with this. Ms. Hauth responded yes, noting that for zoning violations it was $100 a day. She said the owner was not in violation of the Town Code until the Town Board found, after a hearing, that the actions of the owner were prejudicial to the public health. She said at this point the owner was under zoning fines, and had been for quite some time due to being non-responsive to the notices. 8:15:41 PM Commissioner Gering said then fines were due. Ms. Hauth said fines had not been charged or collected, but the Town Board could offer direction to do that. She said those fines were accniing. Mr. Morphis said the staff thinking was that they had already issued the letters to notice of violation, and started the zoning violation process. He said they had wanted to parallel that process while moving forward by giving notice of a public hearing. Mr. Morphis said if the Town Board declared this a public nuisance, then staff could move forward to abate the problem. He said they had felt the situation was important enough to do those two things simultaneously. 8:16:26 PM Mayor Stevens asked had any complaints been received from neighbors. Ms. Hauth stated they had heard from the property owner to the west, which was Orange County, who had expressed concerns about stormwater. She said that concern had been noted before the site was graded. Ms. Hauth said the neighbor to the east had expressed concern about the driveway and fencing, but staff had not heard from them since the grading had occurred. She September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 14 of 28 said there was an expectation that work would be performed that would be satisfactory to the neighbor, but all work had halted at this point. Ms. Hauth said there were other issues as well, noting they were not sure the building was secure, and excavation had started for a grease trap so there was an unsecured hole in the backyard. 8:17:24 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman, the Board moved to call a public hearing on September 22 to hear evidence regarding a code enforcement concern at 133 East King Street by a vote of 5-0. The motion was declared passed. Ms. Hauth stated if they heard from the property owner or saw any action in the meantime staff would be happy not to take action at the public hearing. G. Discuss possible "Hot Topics" for the September 22nd Workshop Item moved to the end of the meeting. H. Tourism Board Website Development Contact 8:18:20 PM Commissioner Gering stated the Tourism Board had been working for some time to produce a Web site as a tourism portal for the Town. He said they had allocated $30,000 in the budget for that work, and tonight the Tourism Board had adopted a resolution to accept one of the applications received for that work. Commissioner Gering said the Tourism Board had also passed a resolution asking that the Town Board grant the Town Manager the authority to approve that contract up to $17,000. He said granting that authority would allow the Tourism Board to get that work started. Commissioner Hallman stated he was fine with that, noting it was the Tourism Board's money and they had followed the correct processes. 8:19:26 PM Upon a motion by Commissioner Hallman, seconded by Commission Lowen, the Board moved to approve the Tourism Board's request to grant the Town Manager the authority to approve the Web site development contract up to $17,000 by a vote of 5-0. The motion was declared passed. 8:19:41 PM Mr. Peterson stated if the contract needed to be signed before the 19th, the Assistant Town Manager could sign in his absence, as he planned to be out of Town beginning tomorrow. Item B. Amendment to the Town Code, Section 4-17 (Employment of Relatives) 8:20:25 PM Mr. Peterson stated that he believed the current ordinance regarding the employment of relatives was too lax in protecting the Town against real and perceived problems associated with hiring immediate family members to work in the same department or fiord. He stated that four times over the years there had been situations where the Town Manager had decided not to allow immediate family members to be considered for a job, and it was his belief that the Town Code needed to be clarified and strengthened. Mr. Peterson said he wanted to get September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 1~ of28 the Town Code in line with current practices, but his practices may be incongnient with what the Board believed was appropriate. Therefore, he said, the Town Board needed to make the decision on how the organization should be nm. He said he was malting the proposal to modify the Code and wanted to get the Board's response. Mr. Peterson said as they had investigated this, other issues had come up, such as what would happen if two employees were to marry. He said that could create a conflict, but the way the Code was now written it would not be permissible and that needed to be addressed. Mr. Peterson said another situation was if there was a conflict if there was a Town Board member who had a relative worlting for the Town. He said he was simply raising those questions for the Board to consider. 8:22:47 PM Commissioner Dancy stated she had found it interesting that if two employees married that one would need to resign, since both employees may have long tenure and be excellent employees. She said that could result in forced retirement, and she wondered how fair that would be. Mr. Peterson said that was a very good point, and if they thought about the two positions such married employees were in, it might not be a problem even if it was not ideal. But, he said, there could be situations where that would be a problem. Mr. Peterson said the hard part was how to come up with a solution. 8:23:48 PM Commissioner Lowen asked had they investigated what other cities and towns did in such situations. Mr. Peterson stated there was no one standard, noting some were strenuous and some relaxed depending on the size of the municipality. He said if you had two immediate family members in a department but were not supervising each other, but there were only nine people in the department, it was not hard to imagine how once away from the workplace they may tallt, nimors traded, tensions formed, and the like. He said in larger departments it would likely not be an issue because the employees would likely never come in contact with one another while on the job. Mr. Peterson said this was not an easy decision and it was something that would need some discussion. 8:25:08 PM Commissioner Hallman asked how specific did the Code need to be, and what could be left to the discretion of the Manager. Mr. Morphis stated what you did not want to have was a situation where the Manager was effectively malting decisions that the Town Board should be malting. He said the less discretion the Manager had, the better. Mr. Morphis said that would send the message to employees that the Manager was not malting arbitrary decisions but was following the Town Code. He said they needed clear guidelines with a clear purpose, and he and Mr. Hornilt could review it and see what hind of flexibility might be possible. 8:25:57 PM Commissioner Hallman said appeals would be made to the Town Manager. Mr. Morphis said yes, but if someone was not hired for an appropriate purpose, there would be no basis for appeal. Commissioner Hallman said they may want to make exceptions, for people who were married, for instance, but did not ltnow how to write that language. Mr. Morphis said right now, the Code said that if two people married one would have to leave, although he supposed someone could appeal that. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 16 of 28 8:26:51 PM Mr. Peterson suggested that they all give it some thought and decide if marriage should be an exception in some way, and how to define that. 8:27:13 PM Mayor Stevens suggested taking each issue one at a time, noting that the first issue pertained to new hires. He said there were really only two places you could work if you had a member of your immediate family already employed, and that would be if one was in the General Fund and one in the Water fiord. Mr. Peterson said more or less, that was correct. Mayor Stevens said then if someone worked in Public Works, their relative could not work in the Police Department. Mr. Peterson said that was correct. Mayor Stevens said then the policy for new hires was fairly simple. 8:27:56 PM Commissioner Lowen said he still believed they needed to tallc in more depth about the policy after they had had some time to study the issues. He said he had expressed concern several years ago about employees who may be related to a Town Board member, and perhaps that needed to be included in the discussion. Commissioner Lowen said there was nothing to stop an employee's spouse or parents from Horning for the Town Board, and he believed that warranted more discussion across the board. He suggested that they research how other municipalities handled such instances. Mr. Peterson stated they would use the next few months to obtain ordinances from other local governments and perhaps find some suggestions to bring to the Board for discussion. 8:29:10 PM Commissioner Hallman said another issue could be that you were dating or living with someone, and effectively having the same kind of conununications and that would be outside of the ordinance. He said one example would be same sex couples. Mr. Peterson said there were other towns where living together was defined as being the same as married. He said that opened up even more issues. 8:30:02 PM Mayor Stevens stated he believed they did want to have their ordinances congnient with their practices, and they did need time to think about how to move forward. 8:30:28 PM By consensus of the Town Board, the item was tabled to a fiiture date. 8:30:41 PM Mayor Stevens said in terms of elected officials there were Constitutional issues that had to be considered. 8:31:11 PM Commissioner Gering stated at one time the Town had an ordinance that prohibited employees from Horning for elected office, noting Buddy Parker had nor for Sheriff. Mr. Peterson stated that section of the Code been amended to allow an employee to nor for office other than a Town office. L Update on Elizabeth Brady Road Project 8:31:47 PM Ms. Hauth said they had been waiting for the environmental document for the alternatives for Elizabeth Brady Road to be released, with three constriction alternatives and the fourth alternative being no build. She said all concerned State divisions and departments were September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 17 of 28 required to sign off on the Statement of Purpose and Need, and part of the Purpose and Need was to improve the level of service on Churton Street. Ms. Hauth noted that level of service in a transportation context was a very specific thing and graded A through F. She said that A was free flowing traffic, and F was at least an 80 second delay. Ms. Hauth said a lot of the intersections on Churton Street in the study corridor were already at F, or would be at F by 2025, with some being extreme F's with as much as an 800 second delay. She said one road would not address that, so the Federal Highway Administration (FHWA) had their attorneys look at the environmental document to see if it met the basic premise and meeting the Purpose and Need. Ms. Hauth said the FHWA was concerned, and although that did not mean they would not sign off on the Statement of Purpose and Need document; they had expressed that concern in the meeting last week about the environmental document and the Statement of Purpose and Need as it existed with the documentation in hand. She said the consultants working with NCDOT had said they could show a 300 second improvement in the time of delay, so another meeting would be held with representatives from the FHWA and NCDOT. Ms. Hauth said those entities wanted more direction from the Town about things such as what did the Board hope to achieve with this project, understanding that it was not a "silver bullet" and it would not improve the traffic on Churton Street to what it was 30 years ago, and it would not last forever. Ms. Hauth said the question the Board needed to answer was what exactly they wanted. She asked was it a specific project, some project that did something else, some project that relieved congestion on Churton Street, what were the concerns about the Elizabeth Brady Road project and its alternatives currently being studied, or, was there another bundle of projects they would prefer be looked at. She said the problem was that they would likely loose time, because no matter what project was to be built they would have to start the environmental process over unless they were very small projects. Ms. Hauth said those considered in the past were not small projects and would have some environmental impact and some sort of time delay associated with them. She said those types of timing and funding negotiations would have to be taken up with the State Board of Transportation, and their representative was Doug Galyon. Ms. Hauth said the draft environmental impact statement would be sent to them and other partners for prelinunary review before it was released to the public. She said when the State formally released the draft environmental impact statement to the public there would be a 30-day comment period, and NCDOT would host a public hearing or public meeting on it, at which point they would want to hear from everyone, including citizens, the Town Board and the County Conunissioners. Ms. Hauth said after that hearing, the State and their consultants would take about three months to review the information and would then recommend an alternative. So, she said, they were still four months away from knowing which alternative the study showed as the one that was most acceptable, if any. Ms. Hauth said twelve months or later after that, the final environmental document would be released on the selected alignment. At some point after that, she said, once all entities had signed off on it, there would be a Record of Decision. Ms. Hauth said it was only at that point they began to move into the concept of acquiring the property and so forth. So, she said, they were still 18 months out, and that 18 months would have to happen no matter what type of project they chose. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 18 of 28 Ms. Hauth said one other comment that had come up was that the origin and designation study was somewhat out-of--date for the Town. She explained that for that study an imaginary line was drawn around the Town, that staffers stopped cars at each road intersection coming into the jurisdiction, and the drivers were asked where they were going, where they came from, and why the trip was being made. Ms. Hauth said it was annoying and not everyone was stopped because traffic would back up, but people did not like to do it. She said she believed that much of the traffic coming into Town on weekdays was generated by Orange County offices, by both employees and people coming into Town to do business at those offices as well as the COLirthOLiSe. Ms. House asked the Board to provide her some additional guidance for the upcoming Thursday meeting with FHWA and NCDOT representatives. 8:42:03 PM Mayor Stevens stated they all understood that Elizabeth Brady Road was the proverbial "rock and a hard place." He said there were some big questions about the three alternatives, and the best alternative was to find the one that would get people from one place to another in a better way. Ms. Hauth said there was not an alternative put forward in the initial study that was a collection of small projects. She said there was the western bypass, there was Lawrence Road, there were some traffic demand management ideas along the existing Churton Street, and then there was the no build. Ms. Hauth said even the best alternative reduced time delay in 2025 on Churton Street of about 28%. 8:43:45 PM Commissioner Gering asked which was the most expensive of the alternatives. Ms. Hauth said all were costly, with only one that did not involve crossing the Eno River. 8:44:12 PM Commissioner Hallman said they had allocated over $29 million, and he understood that given the projected increases that that was not even half of what was needed. He asked when the origin and designation study was last conducted. Ms. Hauth responded it was pre-1996, perhaps around 1993. Commissioner Hallman asked he felt they were flying in the dark with out-of--date data and no clue of what was the most effective solution. He asked what was the chance of getting the State to do another origin and destination study. Ms. Hauth said if either FHWA said they could not sign the Statement of Purpose and Need the way it was, or if the Town came to them and said they wanted another alternative studied, it was possible they would be able to get that written into the contact. She said she did not have an estimate of what such a study would cost if the Town decided to do it on their own or have NCDOT do it as part of a contract. Ms. HaLrth said if the option was just to reword the Statement of Purpose and Need they would likely not be able to convince the State to do a new origin and destination study. She said if they asked that another series of alternatives be studied, they could likely get that study included in the expanded study. 8:46:3 5 PM Mayor Stevens said right now they were dealing with such out-of--date data, he believed they should at least try to find an alternative that would solve the problem. Ms. Hauth said she was not sure that the old study was a part of the new model that had been built, noting the consultants working on the environmental document had created a very detailed model for September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 19 of 28 the Hillsborough transportation area. She said there were about 12 traffic analysis zones in the current model, but they had been broken those down into 200 zones, and that was an indication of how fine grained the analysis was in terms of origins and destinations. Ms. Hauth said the Town had been providing updated information every year in terms of where people lived, where people worked, where every employer was located and the number of employees, and how many people lived in the different zones. She said if that was the data they were basing it on, then it was up-to-date data. 8:48:43 PM Commissioner Hallman asked if that 20% best improvement in travel times came before the new LRTP data came out. Ms. HaLrth said yes, but the representatives at the meeting had the new data, and there was no real difference in the traffic volumes in that they were seeing the same information from both models. She said the alternatives being considered ranged from a 28% improvement to an ll% improvement, so it was possible that with the alternative selected you would only see an ll% improvement on Churton Street. 8:49:25 PM Mayor Stevens said the alternatives were not only an enormous cost in constriction, but were enormous costs in terms of impacting community assets and the environment. Ms. HaLrth agreed. Mayor Stevens said as a Board they had worked on the Strategic Plan and identified water as one of their biggest constraints, the second being traffic, and they wanted to look holistically at what could be done. He said perhaps they could at least explore other options. 8:50:48 PM Commissioner Hallman said he had followed this for five years while sitting on the TAC and had watched some of their other TIP projects going nowhere He asked had they actually said there was a chance of having local control over programming, or would they just have to get in the back of the line. Ms. Hauth said it was whatever could be negotiated with their Board of Transportation board member. Commissioner Hallman said that board member would be gone in January when the new Governor made appointments. Ms. HaLrth said nothing would be done by January, so that was tnie. 8:51:33 PM Commissioner Hallman asked was this coming from staff or from the Board of Transportation. Ms. Hauth said none of the board members had attended any of the meetings so she did not think they were aware of what the draft EIS said. She said she believed this was coming from staff. 8:51:50 PM Commissioner Hallman asked what staff were attending the meetings. Ms. Hauth responded representatives from the State Board of Transportation Planning and Development branch and the FHWA, and it was the FHWA representatives that were raising questions. She said they had made it plain they were not there to tell the local government what project they wanted, but that they had a legal concern with the document the way it was drafted. Ms. Hauth said that said to her that they were flexible in recrafting the document, but they did not want to be the ones to tell the Town that they could not have a project if they wanted it. 8:53:08 PM Commissioner Hallman said from what he understood, they had $28 nullion approved at this point, and all the rest of it would come in out-years beyond 2015. He said if September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 20 of 28 they were looking at the escalation in costs, they were looking at $50 or $60 million, yet in those out-years starting in 2015 there was the I-85 expansion, bridge replacements, and the I-40 widening. Commissioner Hallman said all of those projects would compete in priority with the additional finding needed to complete the Elizabeth Brady Road project. He said even if they moved ahead the finding for Elizabeth Brady, it would not be available until who knew when. Ms. Hauth said the environmental document had a shelf life, and if the project did not move along expeditiously then it was no good and they would have to start over. Commissioner Hallman said then would they fund projects that were already underway rather than start a partially fimded program. Ms. Hauth said for things that were underway, yes, but projects like I-85 had not been started and were still in design, and environmental documents had not been done. Commissioner Hallman said he thought that finds went preferentially to interstate projects. Ms. Hauth said she believed once this project got started she believed it would be carried forward, since the environmental document did have a shelf life. 8:55:37 PM Mayor Stevens asked what could be accomplished tonight. Ms. Hauth said she was hearing that there was some interest in trying to put another option on the table. She said her question was if she got in the meeting and they offered to rewrite the Statement of Purpose and Need, what would be the Town's response. She said was that okay, or did she say the Town wanted an opportunity to craft another alternative. 8:56:22 PM Conunissioner Gering said he shared the concerns about all of the alternatives for Elizabeth Brady, and until he had more critical information to make a decision, he did not know what was best. He said with all of the concerns, he believed the best thing to do would be to ask the NCDOT to present the Town with additional options. Commissioner Gering said he did not think it was a good idea to ask them to write and rewrite the Statement of Purpose and Need without a lot of work with the conununity. He said this was a highly contentious issue and the community had to be involved in how this was decided, so he was not at all comfortable with this Board saying that they would like to have a recraft of the Statement of Purpose and Need. Commissioner Gering said what he thought the Board could do was to give the message to the NCDOT that the Town was seriously interested in understanding alternatives, in particular if those finds could be redirected and use to work on more minor projects that would likely pay off for the Town in a bigger way and sooner than the Elizabeth Brady project. 8:58:04 PM Commissioner Lowen said this project had been a hot topic every since he had come onto the Board, and he had always supported it but he also supported getting the traffic off of Churton Street. So, he said, if there was another alternative then he wanted to consider it. Commissioner Lowen said vehicles were already using alternate routes, and he did not want to see an alternative go away. He agreed that the subject was highly contentious and that the community needed to weigh in on it, but he also did not want to stop the Elizabeth Brady Road project and loose all of the finding that had been allocated. Commissioner Lowen stated perhaps they needed to sit down with the County and brainstorm, and have serious discussions about what kinds of alternatives were really available. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 21 of 28 9:00:09 PM Commissioner Dancy said the fight for Elizabeth Brady got them this far, noting they had been totally denied for quite some time. Commissioner Lowen agreed, noting he did not want to take the chance of being pushed back and loose the finding. Commissioner Dancy said she was fine with considering different alternatives as long as that funding stayed in place. Ms. Hauth said that was something they would have to make sure of. 9:00:40 PM Mayor Stevens said there were three specific things they wanted to see. He said one was traffic and how to deal with it; the second was to determine what other alternatives were available, and third was that Elizabeth Brady was contentious enough that they needed to involve the community. Ms. Hauth said now was the time for the Town to speak, and she would take that message with her to the meeting on Thursday. G. Discuss possible "Hot Topics" for the September 22nd Workshop 9:04:37 PM Mr. Peterson said this evening the Board had added the code enforcement issue at 133 King Street to the September 22 meeting. He said the two items already listed were to discuss long-range transportation issues and the new priority list, and a work session with the Orange County EDC to assist with small area plan items. He stated that Ms. HaLrth had indicated that the last item did not have to occur at the September 22 workshop. Commissioner Gering asked weren't they suppose to hear from the Board of Education. Mr. Peterson said yes, but they had not heard back as to when that would take place. He said it would likely be the October meeting. 9:05:25 PM Commissioner Hallman stated that the new priority list might change based on the discussions regarding Elizabeth Brady Road. Ms. Hauth stated they would keep that in mind. 11. CLOSED SESSION A. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (5) regarding Property Acquisition for Riverwalk Phase II B. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (5) regarding the Collins Property Acquisition C. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (3) to meet with Town Attorney regarding current Coucoulas/Knight v. Town of Hillsborough (Courtyard Condos) 9:05:49 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to go into Closed Session by a vote of 5-0. The motion was declared passed. September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 22 of 28 12. ADJOURN Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to adjourn the meeting at 9:30 p.m. The motion was declared passed. Respectfull~~ submitted, Donna F. Aimbrister, MMC To~~n Clerk September 8, 2008 Regular Meeting approved: October 13, 2008 Page 23 of 28 UD~ET ~RAEN~INEf~TS Sept~rn~serg 2~~~ ~EtVEFiAL FlfND BEPOR~ ~~Ja AETER i. Expenditure i0-20-5300-5100-020 Fire Inspections-Salaries $ 75,700 $ (12,000} $ 63,700 10-20-5300-5300-458 Fire Bnspections-C.S.(Contract Labor $ - $ 12,000 $ 12,000 S 75.700 $ $ 75 700 To fund part-time administrative assistance position 2. Expenditures 10-30-5600-5300-153 Street-Yawn Parking Lots Repair/Maint. $ - $ 5,200 $ 5,200 10-30-5600-5300-570 Street-MiscelEaneous $ 7.500 $ 15.200) $ 2,300 $ 7.500 $_ - $ 7.50 To establish and fund repair{maintenance of HPD parking lot and the Town Hall Annex parking lot 3. Revenue 10-00-3900-3900-000 Fund Balance Appropriation 528.134 $ 381.744 $ 909.878 Expenditaare 10-10-4200-5300-451 Administration-Contract Services-Printing $ 11,000 $ 2,300 $ 13,300 10-10-4200-5300-462 Administration-Contract Services-Home Page - 4,250 4,250 10-10-4200-5300-471 Administration-Contract Services-Energy Audit - 4,6x0 4,600 10-10-4900-6100-020 Planning-Salaries 233,300 8,400 241,700 10-10-4900-5300-330 Planning-Departmental Supplies 3,000 990 3,990 10-10-4900-5300-450 Planning-Cont.Services/Strategic Growth Plan - 8,534 8,534 10-10-4900-5300-456 Planning-Cont. Services/Ordinance Update 30,000 50,000 80,000 10-10-4900-5300-580 Planning-Grant Match Certificate - 6,000 6,000 10-i0-4900-5300-750 Planning-HOME Funds Grant Match 8,000 175 8,175 10-10-5000-5300-150 Ruffin-Rouihac: Bldg Maint. & Repair 28,000 16,924 44,924 10-10-5000-5300-452 Ruffin-Rculhac: C.S./IVetwark-Town Wide - 3,000 3,000 10-10-5000-5700-730 Ruffin-RculhacEnergyAuditlmprovements - 11,200 11,200 10-20-5100-5300-080 Palice Admin.-Training 12,500 995 13,495 10-20-5100-5300-571 Police Rdrnin.-Misc.(Drug Buy Money %age - 5,412 5,412 10-20-5120-5300-330 Police Investigations-Departmental Supplies 15,000 2,564 17,564 10-20-5130-5300-080 Police COPS-Training 6,100 995 7,095 50-20-5530-5300-330 Palice C(JPS-Departmental Supplies 7,500 2,142 9,642 10-20-5300-5300-336 Fire InspectlCode Enforcemt-Klan Cap Outlay - 4,950 4,950 10-30-5550-5700-730 Motor Pool-Motar Poai Design - 95,596 95,596 i0-30-5550-5700-740 Motor Pool--truck - 30,000 30,000 10-30-5600-5300-451 Street-C.Serv.Bridge - 3,000 3,000 10-30-5600-5300-454 Street-C.Serv./Stormwater Evaluation - 22,413 22,413 September 8, 2008 Regular l~7eetin~ Approved: October 13, 2008 Pale 24 of 28 10-30-5600-5300-460 Street-Cont.Serv./Storm Water Cleaning - 625 625 10-30-5700-5300-330 Powell Bill- Departmental Supplies 10,000 2,000 12,000 10-10-6200-5300-150 Parks ~ Recreation-Turnip Patch Park 4,500 2,207 6,707 10-10-6200-5300-153 Parks ~ Recreation-Kings Highway 3,000 5,000 8,000 10-40-6400-5300-771 Cemetery-Margaret Lane Cemetery 500 2,000 2,500 10-20-6600-5700-740 Safety and Risk Mgmt-Truck - 24,900 24,900 10-60-6900-5300-150 Special Approp.-Museum Maintenance 25,000 6,795 31,795 10-60-6900-5300-900 Special Approp.-O.C./River Park - 23,777 23,777 10-60-6900-5300-916 Special Approp.-Churton St.Corridor Signage - 30.000 30,000 $ 397.4 ~ $ 381.744 $ 779.144 To encumber designated amounts of the 2007-2008 General Fund Budget WATER FIEND BEFCBRE ADJ. AFl°ER 4. Revenue 30-80-3900-3900-000 Fund Balance Appropriation $ 775.197 X1.358_910 $ 2.i34.1Q Exp~nditsares 30-80-7220-5300-452 Engineering-C.S./Update Sewer Cap Fac Fee $ - $ 20,000 $ 20,000 30-80-7220-5300-740 Engineering-PhotogrammetrylGlS Data CC $ 30,000 $ 3,940 $ 33,940 30-80-7240-5300-330 Billing and Coll. -Dept. Supplies 4,000 2,065 6,065 30-80-7240-5300-336 Billing and Coll. -Non Capita!/Meter Batteries - 14,000 14,000 30-80-7240-5700-740 Billing and Coll. -Capital/Meter Change Out 30,000 750,000 780,000 30-80-7240-5400-910 Billing and Coll. -Meter Change Out Debt 129,615 90,000 219,615 30-80-8130-5300-151 Reservoir-Maintenance/Monitoring 2,500 1,600 4,100 30-80-8130-5700-730 Reservoir-Capital Improvement - 300,586 300,586 30-80-8140-5300-330 Water Distribution-Dept. Supplies 114,000 875 114,875 30-80-8140-5300-332 Water Distribution-Patch Supplies 14,000 750 14,750 30-80-8200-5300-330 WW Coll.-Dept. Supplies 70,000 875 70,875 30-80-8200-5300-332 WW Call.-Patch Supplies 8,000 750 8,750 30-80-8200-5300-454 W W Call.-Cont.Serv./Generator Load Testing - 9,940 9,940 30-80-8200-5700-730 WW Coll.-Capital Improv./Lakeshore Outfall - 142,982 142,982 30-80-8220-5300-340 WWTP-Outside Laboratory Service 35,000 547 35,547 30-80-8220-5700-730 WWTP-Plant Expansion Plan & Design - 20,000 20,000 $ 437.115 $ 1.358.910 $ i .796.025 To encumber designated amounts of the 2007-2008 Water Fund Budget 5. Revenue 30-80-3900-3900-000 Fund Balance Appropriation $ 2,134,107 $ (74,466} $ 2,059,641 30-70-3700-3750-000 STAG Grant $ $ 74,466 $ 74,466 $ 2.134.107 ~ - $ 2.134.107 To record receipt of grant related to Lakeshore Outfall Project September 8, 2008 Regular ILZeeting approved: October 13, 2008 Page 2~ of 28 6o Expendita~r~ 30-80-8220-5300-455 WWTP-cont. Services/Muffin Monster 30-80-8220-5300-150 WWTP-PianUEquipment Repair To establish and fund contra~tct services far equip/m`en~t ,~ ~ s o VERiFiED: e , Donna F. Armibrister, Town Gle $ - $ 2,200 $ 2,200 $ 30 000 $ (2.200} $ 27,800 $ 30.000 $ - September 8, 2008 Regular Meeting approved: October 13, 2008 Page 26 of 28 F .~ -°~ ~, ~ ___ r x ~ m ~~. _ r ~~, _ ,° ° °*^* ^~°~p ca tfl~tit;~ effart to ] ~C 1~ a ~ - --" db s :e ` dag~ of a ~3C3A C7~' f m C7N~IZS September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 27 of 28 NOti'LH 2OF.INA i ., _ Yang -_ a~ of I xsurance St ; I steal "` & INS£'ECTTQNS 2~, zoos Y~AV moors Towr ar Post OL. ,-,..>x 425 I~illsbo: ;h, NC 27278-0429 Dean Mr. Peterson< Enc2 ...,__ °`._-' c7.oc- .:-- nee'' tr ~ :.e .,,.., n -... °^3 we can complete the cart tic < the { e Depa l, ==_rving the Lawn of __. _. c 2 cE ui'ti,S Lc~ t , su,.~.s L; y yaU anra thc~ ['hief of the fi.ca? gyn. Thar ~, 'your assistance. ~- Xs..C. Daniels Senior Field Inspector k~CT~js1 Encl.oaure 12Q2:l~lail"-rv.. ;a3eagh,NC27699-1202°5t91b61-58$Q° ax.9 1 41662-4fr70 September 8, 2008 Regular l~7eeting approved: October 13, 2008 Page 28 of 28 t-~ ~a l~ ~ x ~ N l~ _ ~ Its a ~~.1.~~~°~s E'i.~` _ . ~~.~~ WIiEREA5, G.S. 228 38 c .cation to t' r ~i er c Insurance as 5 the firemen and f'.r ] ;rve the ci____ f h < .rolina within tla various cities a5 State as a requis: for ~ biti r 1 is under the "7 nt °s and Rescue u~~a~. ,.,.~1...., ~,=,rl C° and also the "L. s ~ Firemen"s, Rescue Squ. 1 :fir L'atr >m. 3ct" (2§3 7.66.2, (d) } . the ~.. ~d .. e es to txe RTOrt: =r f Insurance Chat:. (1} T~ ~ serves the 'citizens cf _-_ _ c f life and property throng . Iii . °.c a_-- ~~~x ~w _ fir 'iC; # u I'31e NortYx C lina CC7~ r :e is t3Lte:'u7 .ed thaf _ ~ gy= Fire i icU which is se epartma is rved by th, m ~ not le s t n Class 3S i n accoz ~r r ring or in de _on rules in effect, or by such other e da n: aed ny tP. _.°----iafner. ,3} The shove named Fire Department operates fi apparatus and equip at of a value of Five Thousand Do27ars or more and. has the following memisers. (Alttach Roster} ,., ~, -a< ed Fire nen s been appro° ? serve within the. city li i of °t by reso _t t the To~v of Cc~mrnissioner of -. m a nr~ held .~.: .~. _ clay c ~°° 2Ct and ~~ :_ as ui acted to eg _ ~ i forward me to the North. Carol la C.;C m: .over Znsuranoe. a' ,+°c~ ~ a .seal, this the day csf ~ a 20 _ .~ ___. i, ~~ 1vtfi~ .m ~: P~.hlic Sig ~ _$ ~ PRy Cramcai Sri S Rena teas RTC S3epartcnenC of Sr ~ Office of State F ~: 3.2Q2 Mail Seri ~ ~r Raj. E'S.ghr RTf7rt1-_ '_:2 __.-.. '66 x-1.2 Q~