HomeMy Public PortalAbout09-08-2008 Regular MeetingSeptember 8, 2008 Regular l~7eeting
approved: October 13, 2008
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,~~~ ~;~ ~ 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
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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.
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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.
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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..
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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_ 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
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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.
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a .seal, this the day csf ~ a 20
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Rena teas RTC S3epartcnenC of Sr ~
Office of State F ~:
3.2Q2 Mail Seri ~ ~r
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