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HomeMy Public PortalAbout09-09-2010 Regular MeetingMINUTES HILLSBOROUGH TOWN BOARD September 9, 2010 7:00 PM, Town Barn September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 1 of 36 PRESENT: Mayor Tom Stevens, Commissioners Frances Dancy, Mike Gering, L. Eric Hallman, Evelyn Lloyd, and Brian Lowen. STAFF PRESENT: Assistant Town Manager /Public Works Director Nicole Ard, Planning Director Margaret Hauth, Senior Planner Tom King, Planner Aspen Price, Town Engineer/Utilities Director Kenny Keel, Acting Police Chief Davis Trimmer, Finance Director Greg Siler, Fire Marshal Jerry Wagner, and Town Attorney Bob Hornik. Mayor Stevens called the meeting to order at 7:00 p.m. 1. PUBLIC CHARGE 7:00:43 PM Mayor Stevens did not read the Public Charge but noted it would be followed. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA 7:00:59 PM Mayor Stevens indicated that one person had signed up to speak on an item on the Consent Agenda, and they would hear those comments at this time. He said the Board could then decide if the item should be pulled from the Consent Agenda for further discussion. Terry Melville, a concept consultant who created concepts for mixed -use developments, stated she had attended some of the meetings on the rail station and believed the plan developed was a great starting point. She described her experience in working on similar projects and her belief that the rail station should reflect the heritage and uniqueness of Hillsborough. Ms. Melville expressed interest in becoming a concept consultant for the rail station and exploring how to make that happen. 7:04:20 PM Jonathan Rigsbee, an owner of property on Alison Street, requested placement on the Agenda to discuss efforts to bring that property into compliance in regards to a zoning violation. He stated they were scheduled to go to court on September 20 on that matter. Town Attorney Bob Hornik noted the Board had met on July 26 and provided authorization for a settlement proposal. He said the next day he had written a letter to Mr. Rigsbee's attorney and offered that settlement proposal, and to date he had received no response. Mr. Hornik said the matter had been on the court's calendar for early August but that had been delayed after speaking to Mr. Rigsbee's attorney, and at that time they had agreed on an August 31 deadline to reach an agreement. But, he said, nothing had happened, and the new court date had been set for September 20. 7:06:41 PM Mr. Rigsbee said he would like to resolve the issue face to face with the Town Board as well as the wording of exactly what would be considered compliance, and then negotiate the fees. He said financially they could not afford an attorney and were trying to work that out with their present attorney. Commissioner Gering said he was opposed to discussing it at this point, noting he believed Mr. Rigsbee had been given numerous opportunities to discuss a resolution to the violation, but it appeared that Mr. Rigsbee had repeatedly taken steps to delay any action by the Town Board or to comply with the ordinance. He said he believed the matter should now be resolved in court. Mr. Rigsbee said he had been working diligently to bring the property into compliance. Mayor Stevens stated to Mr. Rigsbee that it appeared the Board was not willing to discuss the matter this evening. 3. AGENDA CHANGES & AGENDA APPROVAL September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 2 of 36 7:08:09 PM Mr. Hornik suggested that two items be added to the Closed Session, one a status report on the Courthouse parking litigation and the second to discuss a personnel matter. Mayor Stevens said he wanted to discuss the upcoming Asheville trip, and would do so during the Committee Reports. 7:08:56 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve the Agenda as amended by a vote of 5 -0. The motion was declared passed. 4. INTERVIEW VOLUNTEER CANDIDATE TO FILL OUT -OF -TOWN VACANCY ON THE PLANNING BOARD 7:09:21 PM Erin Eckhart provided some brief information on her background and interests, noting she had moved to North Carolina in 2000 and had lived in the White Cross area before moving to this area in 2006. She said she was an emergency management consultant and had been in that field for the past eight years. Ms. Eckhart said she was a full -time telecommuter so she was in Hillsborough almost daily. She said she owned two properties in the Hillsborough historic district but lived in the ETJ. 5. APPOINTMENTS A. Consider re- appointing Joe Phelps to a four -year term ending October 2014 as an out -of -Town member on the Water Sewer Advisory Committee September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 3 of 36 7:10:23 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to appoint Joe Phelps to a four -year term ending October 2014 as an out -of -Town member on the Water Sewer Advisory Committee by a vote of 5 -0. The motion was declared passed. B. Consider re- appointing Stephen Beck to a four -year term ending October 2014 as an out -of -Town member on the Water Sewer Advisory Committee. 7:10:44 PM Upon a motion by Hall, seconded by Commissioner Dancy, the Board moved to re- appoint Stephen Beck to a four -year term ending October 2014 as an out -of -Town member on the Water Sewer Advisory Committee by a vote of 5 -0. The motion was declared passed. C. Consideration of a Resolution to the Orange County Board of Commissioners requesting appointment of Erin Eckhart to a three -year term ending October 31, 2013 on the Hillsborough Planning Board. 7:11:02 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to adopt a resolution requesting the Orange County Board of Commissioners to appoint Erin Eckhart to a three -year term ending October 31, 2013 on the Hillsborough Planning Board by a vote of 5 -0. The motion was declared passed. 6. COMMITTEE REPORTS 7:11:27 PM Commissioner Hallman said light rail discussions had been ongoing in meetings of the MPO and the Capital Area MPO ( CAMPO), and they had been putting together study areas for commuter light rail. He said during the public hearings with CAMPO it was suggested to extend the study area to include Hillsborough and Carrboro which were not included because they were not part of the 2035 Long Range Transportation Plan (LRTP) at the time it was put together. Commissioner Hallman said at the TAC meeting on Wednesday the recommendations were to proceed without Hillsborough and Carrboro in the planning area because it would require redoing the 2035 LRTP, but with the acknowledgement that Hillsborough and Carrboro would be a part of that study but not officially. He said the next time they updated the 2035 LRTP they needed to make sure that Hillsborough was included. Senior Planner Tom King said he had not been aware that the Town was not under consideration in the 2035 LRTP, noting that plan had been in place prior to his coming to Hillsborough. He added that they were now working on the 2040 LRTP. Commissioner Hallman said what he felt was important was that TTA wanted to work with the Town since they were considering high speed rail, and he thought it might be worthwhile to either have Patrick McDonough come and talk to the Board or to include him in the Rail Station Committee discussions to get TTA involved in what the Town was doing in regards to high speed rail. He said that may provide a tie -in with what TTA was doing with commuter light rail. Mr. King stated that TTA was aware of the Town's rail station project, and there were opportunities to try to tie some of the aspects together. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 4 of 36 7:14:41 PM Commissioner Hallman said that the MTIP had come out and the Town had no projects in the next five year implementation plan or the five year study plan that came after. He said the highest priority project the Town had was the South Churton Street improvements, but that did not show up in the first five year plan nor the next five year plan, so all their projects were in the out years. Commissioner Hallman said they were attempting to schedule one -on -one meetings with Secretary Gene Conti for sometime in the next month, with the hope being to take the no -build option for Elizabeth Brady Road that had other improvements in it and leverage that to obtain some kind of funding for either a study of the alternatives or something else. Mr. King said a meeting had taken place today regarding the Elizabeth Brady Road alternatives and trying to put the study together that the MPO had been working on in the Town's behalf. He said he believed the one -on -one meeting date had been scheduled for October 26. Planning Director Margaret Hauth indicated she would speak more about that during Item 10.J, "Hot Topics." 7:16:58 PM Commissioner Gering stated he had attended a meeting of the Chamber of Commerce's Governmental Affairs Committee two weeks ago, because that group had been invited to attend a County meeting regarding economic development. He said that Hillsborough had been excluded from that meeting, and had been excluded from meetings of the Economic Development Commission since December of last year when they had attempted to appoint the Mayor to that Board. Commissioner Gering said that the Hillsborough Chamber was concerned with the direction the County's efforts might take for economic development, in particular the concern that Hillsborough did not have a voice there. He said he believed that was something the Board should discuss, if not tonight then some time in the near future, and that during "Hot Topics" tonight he wanted to suggest scheduling some time with the Hillsborough Chamber of Commerce and perhaps the Chapel Hill Chamber of Commerce to understand how the Board could collaborate with them directly. He said he believed there were a number of things the Board could do itself that did not require money or increased taxes, and they needed to figure a way to insert their voice into the discussions the County was holding. Commissioner Hallman said the Board had always budgeted $6,000 for the EDC, so if the Town was not being included then perhaps that needed to be reevaluated. 7:18:24 PM Commissioner Gering said that the Town Board had approved appointing Mayor Stevens to the EDC but the County Commissioners had never accepted that, and they had had since December of last year to do so. Mayor Stevens said the Chair of the EDC had contacted him because he had realized that the Town had not been included on the Agenda for the County's meeting. He said that was a reach out from the EDC's point of view to include Hillsborough, noting he had also talked to the Chair of the Chapel Hill Chamber about some of those same concerns. Mayor Stevens said he believed they did need to build relationships and make sure that Hillsborough was being included. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 5 of 36 7:19:21 PM Mayor Stevens said the upcoming Inter -City visit to Asheville would focus almost entirely on economic development, and they would talk about how economic development happened County -wide in the Asheville area. He said one of the things they would be looking at was how Asheville and some of the surrounding towns collaborated, noting that would be a real opportunity to gain some insight on how to build relationships not only with the County but particularly with the Chambers and other organizations. Mayor Stevens said one of the models being looked at was a model that would try to bring together Chapel Hill, Carrboro, UNC, the County, and Town EDC representatives to determine if there were ways to combine efforts, and he believed the Asheville trip would give them some insight on how that might work. Mayor Stevens said that because more than three of the Town Board would participate in the trip that they would need to observe protocols as far as conducting Town business. He asked Mr. Hornik to provide an official reminder on what they could or could not do on that trip so that it would be on the record. Mr. Hornik said that technically any time the Board got together it could be considered a meeting of a public body and subject to the Open Meetings laws, so he would suggest that they avoid talking about specific items that were on the Town Board's agenda or on the radar while they were together during that trip. He said they should not be conducting Town business while they were traveling together, dining together, or meeting with others during the trip. Mr. Hornik said it was permissible to discuss economic development for the Town in broad terms with others, but not to discuss specifics. 7:22:32 PM Mayor Stevens said just as information for the public, the Mayors of Hillsborough, Chapel Hill and Carrboro, the Chair of the Orange County Commissioners, the UNC Chancellor, and representatives from all of those groups as well as representatives of the various Chambers of Commerce, non -profit organizations and the business community would be participating in that trip. He said he was proud that Hillsborough would be well represented and making its presence known, particularly in the area of economic development. 7. REPORT FROM THE TOWN MANAGER 7:23:40 PM Ms. Ard, sitting in for the Town Manager, indicated that she had no report to offer. 8. DEPARTMENTAL REPORTS A. Update from the Police Department on Crime Statistics 7:23:51 PM Acting Chief David Trimmer said a little piece of good news in quarterly crime statistics for the first half of 2010 was that Part 1 violent and property crimes had continued its downward trend over the last four years. He said in 2009 -2010 the Part 1 violent and property crimes were down 8.7% as compared to the same period last year. Acting Chief Trimmer said looking at the trend over the last four years, crime in Hillsborough was down almost 30 %. He said in 2009 -2010, the only category of crime to see an increase was aggravated assault, which increased from eight the first half of 2009 to 10 for the first half of 2010. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 6 of 36 7:25:23 PM Commissioner Lowen said he had noticed more incidents of graffiti around Town, for example at the Wal -Mart on the privacy fence, at the former truck stop, and under the bridge at Gold Park. He asked if they were keeping a close eye and trying to identify who was doing it. Acting Chief Trimmer responded absolutely, noting they had seen an increase in graffiti and noted several instances of it at the downtown parking garage. Acting Chief Trimmer said they were working with the Sheriff and the Detectives at the Police Department to make sure that was not gang - related. Commissioner Lowen asked was that graffiti gang - related. Acting Chief Trimmer responded no, noting it was considered "tagger art," which was generally done by young people who liked to "tag" things to show they had been there. He said they had arrested one young man at Gold Park who was now performing a considerable amount of community service for the Town over the next couple of months. Acting Chief Trimmer said they had seen one or two indications of some gang - related activity, but it did not match the official graffiti patterns of that gang. He said it looked as if someone just painted MS -13 on the wall rather than the actual symbol used by that gang. Acting Chief Trimmer said those kinds of things they took very seriously, adding that what they had seen for the most part was the "tagger art" and the Sheriffs Department was seeing of lot of that in some of the outlying communities. He said that kind of graffiti seemed to almost follow a pattern along the railroads, and believed the young people were walking along the tracks and tagging objects whatever they came across them. 7:27:40 PM Commissioner Lowen said other communities had strengthened the laws in regards to graffiti, and asked was there something the Town Board could do to address the issue of when someone was actually caught putting up graffiti. Acting Chief Trimmer said they could think about strengthening the Town ordinances, noting that now it was a misdeamenor and if the person caught was under the age of 18 the courts were very lenient unless it was a second of third offense. He stated that they worked closely with the School Resource Officers in the schools, noting that same pattern of "tagger art" showed up in the schools on individuals' cars and books and the like. Commissioner Lowen indicated he would like to talk with Acting Chief Trimmer at a later time and discuss ideas, including looking at the laws in other communities that addressed that type of problem. 7:29:25 PM Town Engineer/Utilities Director Kenny Keel stated that their trihalomethane levels in the water had been constantly going down for almost two years now due to their concerted efforts. He said that their third quarter results were extremely low for a third quarter, noting that a third quarter was the warmest period and was usually when you would record the highest levels. Mr. Keel said the third quarter results were extremely low at 54 parts per billion which was a 33 parts per billion reduction from a year ago. He said in the past they had recorded average third quarter levels as high as 120 parts per billion. Mr. Keel said that next month some staff would be recognized with an Innovation Award for the work they had done to bring that level down. 70. 9. ITEMS FOR DECISION — CONSENT AGENDA 10. ITEMS FOR DECISION — REGULAR AGENDA September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 7 of 36 Mr. Keel said there were at present 43 systems that were being fined by the State for having levels over the limit, and fortunately the Town had never been fined although had come close in the past. He said they had made huge efforts to bring the levels down, and those levels were now significantly low. 7:31:15 PM Commissioner Lowen asked Ms. Ard for an update on the sidewalk projects. Ms. Ard replied they were waiting for the construction drawings on the profile leading up to the Taylor -Hall property, and the Nash Street and Allison Street project was pretty much done. Ms. Ard said they were still working in front of Hillsborough Elementary School, and a part of Hayes Street in front of Central Elementary was done. She said they were putting in seedlings on Calvin Street and on Faucette Mill Road, and they still needed to do the signal crossings at US A. Consider approval of the Minutes of the June 14, 2010 Regular Board meeting, the June 14, 2010 Regular Board Meeting Closed Session, the June 28, 2010 Monthly Workshop, the July 12, 2010 Regular Board Meeting, and the July 12, 2010 Regular Board Meeting Closed Session B. Consider approval of an amendment to the Town's Pay and Classification Plan to add the position of Chief Operator Wastewater C. Consider approval of additional Budget Amendments needed in FY 10 to balance departmental accounts D. Consider approval to encumber designated amounts of the 2009 -2010 Budget Year in the general Fund and Water Fund and various other Budget Amendments E. Consider approval of an Ordinance amending Chapter 14, Section 14 -13, Bills, of the Town Code to agree with the Board's decision to reduce the service interruption fee and to alter the wording of the required payment needed to reconnect service once it has been interrupted for non - payment and /or tampering F. Consider authorization to allow Orange County to collect vehicle, personal, and real property taxes on behalf of the Town of Hillsborough for the 2010 tax year G. Consider approval of an Ordinance to amend Chapter 4, Section 4 -24, Leave Without Pay, Section 4 -60, Short -term Disability Coverage, and Section 4 -61, Family Medical Leave, to address the handling of employee benefits while in an "inactive" employee status H. Consider adoption of a resolution adopting the Hillsborough Rail Station Small Area Plan 7:33:29 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman, the Board moved to approve the Consent Agenda by a vote of 5 -0. The motion was declared passed. A. Consider approval of a contract with Hazen & Sawyer for Wastewater Treatment Plant design and bidding services September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 8 of 36 7:33:59 PM Mr. Keel said this was a continuation of the current contract with Hazen & Sawyer to do preliminary design, noting that last year they had to put a hold on moving forward with the full design because they did not have the Clean Water Management Trust Fund grant due to State budget cutbacks. He said those funds were now available, and they were in a schedule with the Construction Grants and Loan section of the Division of Water Quality to get one of their SRF loans to construct the plant. Mr. Keel said to maintain that schedule and to remain in that cycle they needed to move forward with a design contract so that the design and plans would be completed by the end of January, 2011. He said the contract under consideration tonight would accomplish that and allow them to complete the plans and get permit approval, and they would be on target to begin construction about this time next year. Mr. Hornik said in Attachment A, Scope of Work, under Meetings and Deliverables, the dates need to be corrected to read 2011 rather than 2010. Under Additional Services, he asked if the cost of those services were included in the bid price /contract price. Mr. Keel responded they were included. 7:36:22 PM Commissioner Gering asked what exactly was the additional work. Mr. Keel said it was necessary supporting work for the design but not actual design work. He said that was why they were characterized as additional services. Mr. Keel said those were two tasks that were not done in house but were contracted out to another company who would be paid by Hazen & Sawyer. Commissioner Hallman asked if the payment schedule indicated the full contract. Mr. Keel replied yes, noting the contractor would submit invoices monthly as they proceeded with the work and they would get paid for the percentage of work completed. He said they would have several meetings along the way to confirm that the work was progressing as expected. 7:38:18 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lloyd, the Board moved to approve the contract with Hazen & Sawyer for Wastewater Treatment Plant design and bidding services as amended to correct the dates as noted by the Town Attorney by a vote of 5 -0. The motion was declared passed. B. Consider approval of Water /Sewer Extension Contract for Corbin Creek Woods Subdivision 7:38:47 PM Mayor Stevens said to facilitate the discussion, Items B and C would be discussed together. Mr. Keel stated this was that unusual situation where they considered the water sewer extension contract before considering approval of the development. He said the extension contract was basic and there was nothing unusual about it, noting it was a fairly small subdivision as far as extending water and sewer lines. 7:40:05 PM Ms. Hauth provided some brief background about the proposed Corbin Creek Woods development, noting it was 4 parcels of land for a total of 12.24 acres zoned R -15. She September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 9 of 36 said the development was not in the Town limits but was in the planning area and adjacent to the Town cemetery. Ms. Hauth said the proposal was to create 18 lots, with Mitchell Street extended into the site and a new cul -de -sac called Huddle Street heading east off of that. Ms. Hauth said the Planning Board had reviewed the plans and recommended approval with a number of conditions that were noted in the agenda packet. She said the process for subdivisions did not subject the plans to a public hearing, but the Town had added a process to the ordinance for neighbors within 200 feet to receive a notice and to conduct a neighborhood meeting. Ms. Hauth said that neighborhood meeting had been held on Monday, August 9, prior to the item going before the Planning Board. 7:41:17 PM Ms. Hauth said there had been questions regarding traffic, but noted the project did not meet the threshold to require a traffic study, which began at 20 lots. She said coincidentally the previous project on this property was proposed to have 20 lots a number of years ago prior to the rezoning, and they did have that traffic study in the file. Ms. Hauth said that study projected that with 20 lots the development would generate 237 vehicles a day in and out Mitchell Street where the project connected to Corbin Street, but there were no recommended improvements to any of the public streets to handle that additional traffic. She commented that 237 trips may sound like a lot, but noted that the average two -lane road could handle thousands of trips a day, and adding 237 trips over the course of a day was a minor increase. Ms. Hauth said the Planning Board's conditions of approval included the standard conditions normally imposed, as well as that a right -of -way stub out be provided from Huddle Street south to East Corbin Street. She said if the property to the south was developed, that right -of -way stub out would allow a road to be built out to East Corbin Street. Ms. Hauth said that would make the cul -de -sac on Huddle Street look less like a cul -de -sac and more like a continuation of the grid pattern of the street. She said the Planning Board also recommended that a walkway be constructed in the western open space, as well as a public access easement over the path out to US 70 and that the path be considered public. Ms. Hauth said as well, it was recommended that a paved walkway along the western line of Lot #10 along the water and sewer easement and along the rear lot line of Lot #10 be constructed close to Orange High School Road to create a pedestrian access through Huddle Street to allow students to access Orange High School Road as close as possible. She said the Planning Board had recommended that in part so that the sidewalk on Huddle Street could be considered a parallel facility and not require the applicant to build a sidewalk or walkway along US 70 where there was significant topography issues with creating a walkway in that location. 7:44:36 PM Ms. Hauth said the applicant had requested some buffer variances, noting it was somewhat of an odd - shaped lot that required some buffer variances for the side that was not adjacent to the cemetery, particularly where the road ran so close to the southern property line. She said because that was the exact area where they had requested that the right -of -way be extended the Planning Board had granted a variance saying that there was no need to replant a buffer. Ms. Hauth said the applicant specifically wanted to allow the Wolfe property to have access to Huddle Street in the event the owner decided at some point in the future to use that as a driveway connection. She said she had spoken to Ms. Wolf prior to tonight's meeting to September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 10 of 36 determine if they were interested in that driveway and the response was not really but if they were granted the right to do that some time in the future that was agreeable to them. 7:45:43 PM Ms. Hauth said an issue before the Board tonight was the street width of Huddle Street. She said because that street was more than 500 feet long the Fire Code required a width of 26 feet or that the houses be sprinkled, adding that typically a street was 20 feet of pavement. Ms. Hauth said the Planning Board's preference was for the houses to be sprinklered so that Huddle Street could have 20 feet of pavement, or to use the roll curb option where the sidewalk was placed next to the street so that the sidewalk width would count towards that extra pavement. She said that allowed the sidewalk to be used for dual purposes. Ms. Hauth said the Planning Board's last option was to require 26 feet of pavement with curb and gutter if absolutely necessary. Ms. Hauth said other issues for the Board to consider were the road cross section issue and any discussion about walkways and recreation areas, along with general discussion about the subdivision. Mayor Stevens said he understood that development was not in the Town. Ms. Hauth said it was not in the Town limits, but noted the developer had expressed his intent to seek annexation before they moved forward. 7:48:12 PM Commissioner Hallman said the Board had talked about that before and had generally placed that as a condition. Mr. Hornik remarked it was more of a suggestion than a condition. Commissioner Gering asked about the arrangement that Orange County had with Churton Grove. Ms. Hauth said the County was telling Churton Grove to come and ask the Town for annexation, rather than the Town telling Churton Grove to come forward. Mayor Stevens said the point was that the applicant intended to seek annexation. Ms. Hauth said that was correct, and the applicant could confirm that tonight. 7:49:01 PM Mr. Hornik pointed out that voluntary annexation would always been easier when the property was owned by a single person or entity. He said once the lots began to sell and you had multiple owners, the likelihood of successful voluntary annexation declined dramatically. Commissioner Hallman said he believed they had made annexation a condition with the development on US 70. Ms. Hauth said she believed that was because of the water and sewer extension contract, noting that annexation was a standard provision in such contracts. Mr. Hornik said if the developer offered voluntary annexation as a condition then it could be included, but as an imposed condition the problem was that it was then an involuntary annexation. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 11 of 36 7:50:37 PM Ms. Hauth said the applicant was present and could address that, adding that the Fire Marshal was present as well as several neighbors who had signed up to speak. Commissioner Lloyd said she believed that at some point the Fire Marshal should speak to the Planning Board regarding Fire Code regulations that Board should be aware of Ms. Hauth said she would work with the Fire Marshal to schedule that. 7:52:03 PM Chad Abbott with Summit Consulting, speaking for the applicant, stated his firm was the designer and engineer for Edmund Purcell and his wife, the applicants. He said they had tried very hard to satisfy the Parks and Recreation Board recommendations and the Planning Board recommendations, and were working with the Fire Marshal's recommendations to address all of the issues that had been identified as well as to identify alternatives. Mr. Abbott noted that the road going into the development was 20 feet wide up to the first cul- de -sac, but according to the Fire Marshal that road had to expand to 26 feet at that point. He said it was the same road and they had provided a turnaround at the end of that cul -de -sac for fire trucks, but added that whatever alternative the Board chose they would accept. Mr. Abbott said they had not compressed that parcel of land to come up with the maximum number of houses and had provided an efficient layout that worked with the lay of the land and the immediately adjacent properties. Mr. Abbott said when a subdivision in this location was first proposed a huge concern at that time was access, front garages, and rear alleys. He said in redesigning the plans and with environmental protection in mind, they had decided not to have full alleyways along all the properties if not needed, they had moved the garages to the rear, and had extended drives as close to the rear setback as possible so that it forced parking to the rear. Mr. Abbott said they had also allowed 3,000 square feet of impervious surface per lot, and were well below the limits for nitrogen loading for stormwater. He added it was the desire of the landowner for the development to be annexed. 7:56:39 PM Fire Marshal Jerry Wagner said they had never seen a cul -de -sac that long, so a part of the reason that had not been addressed until now was because it was a new situation. He said the Town Board had adopted the State Fire Prevention Code in 2006, and Appendix D addressed fire apparatus access road. Fire Marshal Wagner said that a roadway 151 to 500 feet long required a 20 -foot wide roadway but you would have a 120 -foot hammerhead, a 60 -foot Y, or 96 -foot cul -de -sac, noting that most of the cul -de -sacs in Hillsborough built in the last 10 to 15 years were around 70 feet. He said this one fell into the range of 501 to 750 feet, which required a 26 -foot roadway with those same turnarounds at the end. Fire Marshal Wagner said the Fire Code did allow a fire official to make an exception, and that was where the option of requiring sprinklers for all the homes came in. He said if the homes were sprinklered then that allowed him to add 150 feet of additional length to that road. Fire Marshal Wagner said in his talks with Mr. Abbott he had expressed concern about the width of a fire truck in that it got no bigger when it traveled to a fire. He said in fact they could, because if a fire occurred and several engines responded including a ladder truck, that ladder truck would September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 12 of 36 grow by three feet on each side because of the outriggers, and other trucks would have to be able to pass by. 7:59:38 PM Fire Marshal Wagner said he would prefer having the road loop around because it would allow trucks to leave a fire and respond to another without having to turn around. He said it was reasonable for a fire truck to back up 150 feet but no more, noting that a fire truck was 9 feet wide which was an entire lane on a roadway which left only 6 inches on either side on a 20- foot roadway. Fire Marshal Wagner said the Fire Code noted that on the street frontage no home should be more than 250 feet away from a fire hydrant, which would spread hydrants out about 500 feet. He noted that had been an issue early on, but had now been corrected in the plans. Fire Marshal Wagner said as far as the option of adding a sidewalk and roll curb in lieu of a 26 -foot roadway, he envisioned the flatter type of curb where a vehicle could ride up onto the sidewalk to facilitate a turn without a bump. Fire Marshal Wagner said he had conducted a survey of cul -de -sacs but had stayed out of the downtown and the older part of Hillsborough because there was a grid pattern there. He said that Cardinal Drive was 32 feet wide, and Murdoch Road was 27 feet, 7 inches curb face to curb face with a normal curb. Fire Marshal Wagner said the longest cul -de -sac was Kate Court at 426 feet long and it was 32.4 feet between curb to curb. He said that Cornwallis Hills did not have curbs and was 20 feet wide with 70 -foot cul -de -sacs. Fire Marshal Wagner said that Myrtle(?) Court off of Hardwood was just under 500 feet, and Leah Drive was a 700 -foot long cul -de -sac but because all the parking lots would be commercial that was not an issue. He said that Summit Drive in Beckett's Ridge had what he would consider a 25.6 -foot wide road because it did have the flatter roll curb. Fire Marshal Wagner said Waterstone Drive was 31 feet, and that College Park in Waterstone was 22.4 feet. He said although not in the Town limits, Churton Grove's main road was 40 feet wide with most of the others around 26 feet wide. Fire Marshal Wagner said from his survey he did not believe requiring 26 feet of width was outrageous. 8:05:07 PM Mayor Stevens said then there were three options available, and asked if any of those three were acceptable. Fire Marshal Wagner replied yes, that any of the three would work. Mayor Stevens asked if he had a preference. Fire Marshal Wagner responded sprinklers were his preference, adding that sprinklers were becoming more affordable. 8:06:56 PM Lois Lanier stated she was excited about the project, noting she had raised her children in that neighborhood and was now building a home at the other end of Mitchell Street. She said she did have three concerns, the first being that from the traffic study done in 2007 she had determined that the previously proposed 20 homes would have added an additional vehicle every three minutes to the road. She said that was a concern because they already endured a high level of traffic and high speeds that resulted from people cutting through their neighborhood. Ms. Lanier said that cut through traffic included people traveling to the County offices, to Cameron Park from August until June, and many others racing down Cameron to avoid Churton Street and then cutting over at the Courthouse. She said the Town had agreed to lower the speed limit but it had been only moderately effective. Ms. Lanier said essentially they could not walk in their neighborhood from about 7 a.m. to around 8:45 a.m. and from 4:40 p.m. to about 5:40 p.m. every evening without having to jump off the road to avoid traffic because there were no sidewalks. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 13 of 36 8:08:56 PM Ms. Lanier said with the additional traffic from 18 homes with the assumption of a minimum of 36 cars, they needed to be mindful of the current traffic difficulties the neighborhood already endured when planning additional development using the existing roads. She said it was highly unlikely that the new neighborhood would use Corbin Street to cut over to Churton Street, rather from her observation people tended to cut from Churton onto Corbin and cut down Cameron at excessive speeds, or cut over to Mitchell, cut to Cain, and then to Thomas Ruffin at very excessive speeds. Ms. Lanier said her second concern was that if the project was not annexed, who would provide trash and recycling service. She said if it was not annexed, would that mean they would also have County trash and recycling trucks coming through their neighborhood in addition to the Town's trucks. Ms. Lanier said her third concern was that while she understood that the development was outside the Town limits and historic district designation, one of the truly unique aspects of that area was the diverse character of all the homes coupled with a non - subdivision look or feel. She said you could walk from end to end and never see a home like another. Ms. Lanier said she wondered if the new development would be a true part of their neighborhood and share the unique aspects that made the neighborhood so special. She said she understood that although it would connect to their neighborhood there would be a sign separating it. Ms. Lanier said if it was truly going to be a part of their neighborhood, then it should share what made that neighborhood unique and special. 8:12:48 PM Charles Nordan, 225 Thomas Ruffin Street, said that he basically agreed with Ms. Lanier's comments. He said he had seen the Hillsborough Police Department in the neighborhood and knew they tried to ticket as often as possible. Mr. Nordan said he understood the constraints on the Police Department but would like to see more enforcement especially in the morning during school hours. He said he was also curious how Mitchell Street would accommodate all the additional traffic. Mr. Nordan said he was also curious about the price of each parcel of land or the houses that were planned for the subdivision. Mr. Nordan said there was not an average two -lane road in Hillsborough that he knew of, except for Churton Street. He said he was concerned not only about Fire Trucks but also for EMS, and he did not believe notifying people within 200 feet of this planned subdivision was enough of an area to notify because it would have impacts on a much wider area. Mr. Nordan said he was also worried about deer and wildlife that were currently living there, asking where they would go, and noting that they already had a problem with deer on Thomas Ruffin Street. He said his last concern was if the subdivision was in the County, and who would pay for water and sewer. 8:17:53 PM Mayor Stevens responded that the developer would pay for the water and sewer installation and the new homeowners would pay for those services and at a double rate because they were outside the Town limits. Mr. Nordan said on another subject, Acting Chief Trimmer was doing a great job as Acting Chief and hoped that the Town would consider keeping him as the Chief of Police for Hillsborough. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 14 of 36 8:18:68 PM Cheryl Sadgrove, who resided at the corner of East Queen Street and Thomas Ruffin Street, stated that she walked a good bit and walked one child to Cameron Park School. She said she echoed the concerns others had expressed about the traffic, and at some point in the future wanted the Town Board to consider some traffic calming measures for the neighborhood. Ms. Sadgrove said it was her hope that the new development would be annexed, and the idea of it being right across the street from the Town Hall and not being part of the Town was ridiculous. She pointed out that she believed the Town should receive that tax revenue. 8:20:48 PM Ray MacArthur stated he lived on North Cameron Street, which was a walkable part of Hillsborough. He said because so many people took advantage of that flat area to walk the traffic was a real concern. Mr. MacArthur said it was not just the volume but the speed, and believed they needed to address ways to mitigate that either with additional stop signs or some other traffic calming devices, although he would not want to see speed bumps. A. J. Mayhew, a resident of Thomas Ruffin Street, pointed out that 237 cars in a 24 -hour period would equal approximately 10 cars each hour, and they would likely come at the peak times. So, she said, it was more like 20 additional cars an hour during peak times. 8:23:45 PM Ann Purcell said she was one of the owners of this property and wanted to let people know that she had been and raised in that neighborhood and her mother continued to live there as well as her brother and his family. She said it was not their intent to disturb the neighborhood by putting up houses that looked alike, and they were very cognizant of the idea that they wanted to keep it a neighborhood as it was when she and her brother were growing up. Ms. Purcell said she had ridden her horse in the area as a child and the graveyard was the very best place to ride. Mayor Stevens asked Ms. Purcell about the subdivision sign. Ms. Purcell responded she had not given that any thought until it was brought up tonight, but added there did not have to be a sign at all. 8:26:58 PM Commissioner Gering asked what the applicants' views were on annexation. Edmund Purcell stated they very much wanted to be annexed, adding that had been their goal from the first submittal that had been made several years ago. Mr. Hornik asked the applicants if they would be willing to offer as a condition to request voluntary annexation before final plat approval. Mr. Purcell responded absolutely. He also pointed out that they also preferred to require sprinklers in all of the homes, and they were offering that as a solution to the road width issue. Ms. Purcell added that it was their belief, from everything they had heard, that sprinklers were the safest way to go. 8:29:06 PM Lois Lanier said Ms. Purcell had mentioned that the graveyard was the best place to ride a horse. She said she had a very large dog that was about the size of a horse, and the cemetery was one of her favorite places to walls with her dog and for her children to ride their bikes. Ms. Lanier said when she looked at the plans she could not understand about the buffer between the graveyard, and asked would the cemetery remain quiet or would be the houses be September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 15 of 36 right against it. Mr. Purcell responded there would be 40 feet of undisturbed buffer behind each house, and that would maintain all of the trees and growth present now. He said he did not believe you would notice anything while in the cemetery unless you glimpsed a house through the woods. Ms. Lanier asked about the storm pond in the corner. Mr. Purcell responded that was beyond the 40 buffer. Ms. Purcell said it was their intent to keep at least one row of the Dogwood trees, noting her father had planted those trees about 50 years ago. 8:30:50 PM Mayor Stevens said from the comments tonight traffic was certainly a huge issue, but pointed out that he had not heard anyone say that they opposed the subdivision. In fact, he said, at least one speaker had said she was in excited about the subdivision. Commissioner Gering remarked that the staff report had mentioned the Certificate of Adequate Public Facilities, and he had served on the committee that had proposed the Schools Adequate Public Facilities Ordinance (SAPFO). He said he was concerned about recent news reports that were coming out of Wake County regarding that issue, the Town of Cary in particular. Commissioner Gering said the SAPFO was a tool for achieving a laudable end but not if it caused additional liability for the Town and not if it discouraged economic development. He said they may need to consider other tools to achieve the same end. 8:33:06 PM Mr. Hornik commented in Cary's case it had to do with involuntary annexation and voluntary payments by developers for school fees. He said the issue was that the Town of Cary had no voice in the operation of the schools. Mr. Hornik said the Town of Cary was collecting payments, but in Orange County they were saying to the developers that they had to go to the schools and have the Superintendent issue a certificate saying that the schools had the capacity for the children generated by that new subdivision. He said to date that had not been an issue since the SAPFO was adopted, adding they were collecting no payments for it. Commissioner Gering said he could see the potential liability if someone was denied a permit because a SAPFO could not be issued, in that instead of confiscating money you were confiscating some value of the property. He said his mind at the moment was to suggest striking that as a condition on this application. Ms. Hauth noted it was a part of the Zoning Ordinance and subdivision regulations, so while they could remove it from the list as a specific condition it was still technically there under the ordinance. Mr. Hornik suggested that might be something for the Board to take up later for review in light of recent events. He said at present there was a Memorandum of Understanding among the governments in Orange County along with the school districts regarding the SAPFO. Commissioner Gering said with that being said, his proposal was not workable so he would withdraw it. But, he said, he did want the Board to take up that discussion in the future. 8:35:43 PM Commissioner Hallman said he had read over the Planning Board discussion about the road widths, and noted that the 20 -foot road widths made it less of a boulevard. But, he said, everything had a trade -off in that wider roads increased access but also increased speeds. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 16 of 36 Commissioner Hallman said he was of the mind that more consistent street widths throughout the neighborhood would be a 20 -foot road width and that the homes should be sprinklered. 8:36:35 PM Commissioner Lowen said the neighbors had brought up a good point about the potential increase in speed on Cameron and Mitchell Streets, and that needed to be kept in mind and discussed at a later date as to how that could be addressed. He said that was an ongoing concern throughout the Town, noting that other neighborhoods had come forward in the past expressing the same concerns. Commissioner Lowen said they may want to think about forming a committee to work on that issue, noting that in the coming years traffic could continue to increase. Commissioner Hallman said that many intersections on the west side were four -way stops, and the Board could consider making the intersections in this area four -way stops as well. He said looking at West Churton Street every intersection had three -way or four -way stops, and they could put a three -way stop at the intersection of Orange Street and Union Street and really make an impact. Commissioner Hallman suggested they consider that at the Board's next meeting. 8:38:26 PM Commissioner Gering stated he had been on the Town Board when the previous application for this property had been considered and it had not been approved at that time. He said there had been concerns about it being well- integrated into the Town as a community, and that a cluster subdivision did not encourage that kind of development. Commissioner Gering said he wanted to be sure that whatever was approved to be built they would be proud of 50 to 100 years from now, and he was convinced that the current plans met those requirements. Commissioner Gering said in regards to traffic, regardless of what was developed here that was something that the Board would have to solve Town -wide, and that was a separate issue from this particular development. He said he was encouraged that this subdivision would be a walkable, vital part of the Town and was prepared to approve it. Mayor Stevens agreed that traffic was clearly a concern and recognized that it was a larger issue, and there were some actions the Board could take fairly quickly such additional stop signs to address at least a part of the issue. He added he appreciated the clear and civil discourse. 8:41:20 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy, the Board moved to approve the Water /Sewer Extension Contract for the Corbin Creek Woods Subdivision by a vote of 5 -0. The motion was declared passed. C. Consideration of Preliminary Subdivision Plan for Corbin Creek Woods, 18 lots on 12.24 acres zoned R -15 with two new public roads off East Corbin Street 8:41:39 PM Ms. Hauth commented that the Board's motion to approve the subdivision should incorporate the bulleted conditions on pages 3 and 4 of the Staff Report which were all of the recommended conditions offered by the Planning Board with the specification that the last bullet be amended to show that the street width would be as shown on the plans at 20 feet because the September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 17 of 36 homes would be sprinklered. She said as well, a bullet should be added that a voluntary annexation application would be submitted before Final Plat Approval. 8:42:14 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Lowen, the Board moved to approve the Preliminary Subdivision Plan for Corbin Creek Woods including the bulleted conditions noted on pages 3 and 4 of the Staff Report, as amended by the Planning Director, by a vote of 5 -0. The motion was declared passed. D. Consideration of a request for Leland Little Auctions to modify an approved Special Use Permit and build 5,475 square feet of additional warehouse and 23 additional parking spaces at 620 Cornerstone Court 8:43:10 PM Ms. Hauth said the ordinance provided that for any site that had a Special Use Permit that only the Town Board had the ability to approve anything that qualified as a modification to that SUP. She said it was also the Board's option whether or not to call a public hearing on the proposed modification. Ms. Hauth said in this case they had an application for additional warehouse space at Leland Little Auctions and an additional 23 parking spaces, although some of those spaces were replacing spaces that were being lost by the warehouse addition. Ms. Hauth said at the public hearing some time ago almost every speaker spoke in favor of the applicant, so there were no public hearing issues with the SUP application. She said a number of the criteria used to determine whether something was a modification that required a public hearing did not apply to this site, so while it was a modification it did not add public use space to the building and it was not an intensification of the use. Ms. Hauth said for those reasons she did not believe that the proposed modification necessarily required a public hearing, but the Town Board did have the discretion to call a public hearing if they felt it necessary. Commissioner Dancy said she was in total agreement with staff, noting she did not believe this modification rose to the level that would require a public hearing. Mayor Stevens said he was very much in favor of erring on the side of having a public hearing, but agreed that in this case that was not necessary. Ms. Hauth added that there was an Exhibit 1 included as a part of the resolution that had been included in error and should be discarded. 8:45:31 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved to approve the request by Leland Little Auctions to grant the modification to the approved Special Use Permit and build 5,475 square feet of additional warehouse and 23 additional parking spaces at 620 Cornerstone Court by a vote of 5 -0. The motion was declared passed. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 18 of 36 E. Authorize the Manager or Mayor to enter into a contract with Riverworks for a price not to exceed $128,000 to undertake the stream bank stabilization work in Gold Park necessary to open the covered pedestrian walkway to foot traffic 8:46:43 PM Commissioner Lloyd asked if a part of the $128,000 was coming from grants. Ms. Hauth responded no, noting it was all coming from the General Fund. Commissioner Gering stated that the $128,000 was unbudgeted. Ms. Hauth said that was correct, adding they were hopeful that they would be able to scale back the project once they met on site with the State and the contractor. She said they believed they did not need the 100 feet of stream reinforcement, but more like 75 feet or less which would bring the cost down. Ms. Hauth said they were permitted at 100 feet because they had believed that was the maximum they would need, but once they met on site with the State and the contractor they would determine exactly what footage was needed. She said that October was the prime time to do this work because it is traditionally the driest month. Commissioner Lowen said once the project was done, would that take care of all of the area below the footbridge. Ms. Hauth said it would not keep people from going into the river, but they would be walking across rip -rap held in place with concrete rather than across rocks and weeds. Commissioner Lowen asked would work take place on both sides. Ms. Hauth responded only on the park side. 8:49:14 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to authorize the Manager or Mayor to enter into a contract with Riverworks for a price not to exceed $128,000 to undertake the stream bank stabilization work in Gold Park necessary to open the covered pedestrian walkway to foot traffic by a vote of 5 -0. The motion was declared passed. F. Consideration of a Town Code amendment to Section 6A to remove the handicap parking designation for 5 spaces on South Cameron Street 8:49:40 PM Ms. Hauth said the packet included the request from Orange County to change the designation of five on- street parking spaces. She said the space in front of the Annex building was not reflected in the Code but was marked as handicap parking, and the other four were in front of Link Center and were painted. Ms. Hauth said the County would undertake the repainting required to remove the handicap designation, and noted that with the change in use of that building those handicap spaces were no longer required. She said in fact, those handicap spaces had not been required by the ordinance but were added for the convenience of the public when it was a high public activity building. Commissioner Hallman asked if the spaces that were off - street were compliant. Ms. Hauth responded yes, noting that handicap spaces were required to be wider which made it almost impossible to provide such spaces on- street. She said while those spaces were signed handicap they did not meet the ADA Code and were not needed. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 19 of 36 8:51:09 PM Mayor Stevens said he recalled from the Parking Study they had handicap spaces in excess of what was required, so approving this request would not have an affect. Ms. Hauth said that was a fair statement unless you wanted to consider the fact that none of the Town's on- street handicap parking spaces were actually compliant. So, she said, you could argue that they did not have nearly the supply that they should, but since these spaces were not compliant either then it made no difference. 8:52:34 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to amend the Town Code, Section 6A, to remove the handicap parking designation for 5 spaces on South Cameron Street by a vote of 5 -0. The motion was declared passed. G. Authorize the Manager to sign an offer to purchase 13 acres from the Bartow family for the Riverwalk Phase 2 project for $637,676 and proceed with acquisition 8:53:22 PM Ms. Hauth commented that they had received partial grant funding for this project, noting they would not get 50% of this number but they would be able to maximize and hit $392,000 of the grant award because the higher value of the Bartow property had been recognized. She said it had been very good news that the higher appraisal for that property had been accepted over the previous appraisal. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to authorize the Manager to sign an offer to purchase 13 acres from the Bartow family for the Riverwalk Phase 2 project for $637,676 and proceed with acquisition by a vote of 5 -0. The motion was declared passed. H. Discussion of whether to send representatives to the International Code Council meeting in Charlotte regarding amendments to the Energy Code 8:54:16 PM Ms. Hauth said the Town had been contacted by people working State -wide to ensure that the new international energy code was adopted. She said North Carolina was in the process of making changes to its energy code that would require new construction to achieve a 30% energy savings. Ms. Hauth said the international code was considering codes that would make it even with the North Carolina code, so the interest was to keep the State on a level playing field and not have more stringent requirements in the State than anywhere else. She said since the meeting was in Charlotte, there were efforts being made to make sure that North Carolina jurisdictions sent as many representatives to the voting sessions as possible to help ensure that the international code updates were approved. Ms. Hauth said that the County Building Inspections was a member of the Code Council and had eight or nine seats they could fill, but they could not send that number of staff and had indicated they were willing to have Town representatives fill those seats. She said the voting sessions were held over a three to four day period, and the Town would likely have to pay its own travel expenses. 8:56:35 PM Mayor Stevens asked was the concern that it would not pass without a concerted effort from in -State participants. Mr. Hauth said it was difficult to say, noting the Town was September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 20 of 36 being lobbied by people in favor of the new code but she had no way of knowing how important it was for the Town to send voting representatives. She said more than likely North Carolina would end up with the more stringent code, but that was not the issue. Ms. Hauth said the issue was keeping the playing field level for the people who manufactured building supplies in the State and shipped them elsewhere, and keeping the costs of construction similar to other states. Commissioner Gering said it sounded like the Town would be paying a disproportionate cost to send its staff to Charlotte when not any of them had any real opinion about which way to vote. He said he believed that was an expense they did not need to incur. Ms. Hauth said she did not disagree, and had questioned how important the Town's participation was. But, she said, she had wanted the Town Board to make the determination to either participate or not. 8:58:30 PM Mayor Stevens said he believed there had been contacts by the Sierra Club and others who had asked that the Town send someone. Ms. Hauth said there was no cost to attend the meeting, but there would be a cost to travel to Charlotte in addition to meals and hotel expenses. Mayor Stevens said he wanted to be supportive but he was very concerned that the Town was stretched financially and in terms of time, attention, and staff Commissioner Gering said he did not believe the Town would conscientiously know which way to vote on the issues. The Board agreed by consensus not to send representatives to the Charlotte meeting. . Consider approval of new Non - Profit Agency Guidelines 8:59:58 PM Mr. Siler said that Commissioner Hallman and others had suggested that the non- profits the Town supported meet certain guidelines in order to qualify for the Town's continued support. He said the proposed guidelines had been circulated via email and contained ten broad points, and wanted to provide the Board with the opportunity to discuss those points and determine if everyone was in agreement with what was being proposed. Mr. Siler said once that was determined, those points could be worked into a letter to go out to the non - profits supported by the Town. Mr. Hornik said in regards to the board composition/terms, it read that "The majority of the board should be made up of at least five persons..." and asked if that meant the board would be made up of five people. He said there was a difference between the board and a majority of the board. He said his second question was if they were recommending that at a minimum the board should meet two to four times a year. Mr. Hornik said they may as well say they should meet a minimum of two times a year, or three or four of whatever. He said he believed at a minimum he believed they should meet at least twice each year. 9:02:55 PM Mr. Siler said in regards to the 10 bullet points and the guidelines in Commissioner Hallman's attachment, he had used those to develop the draft letter included with the staff report, noting those had been broadened into additional bullet points. Mayor Stevens said the draft letter basically said what the Town expected from the non - profits, and suggested it would be fair to the process to ask that a confirmation letter be returned to the Town saying that the non - profit was in compliance with those guidelines, and if not to explain how they were noncompliant. 9:04:31 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to adopt a policy as discussed regarding new Non -profit Agency Guidelines for non - profits supported by the Town, and that a letter outlining the new policy as noted in the staff report be sent to those non - profits with a request for a return confirmation from those non - profits of compliance or non - compliance by a vote of 5 -0. The motion was declared passed. J. Discuss "Hot Topics" for the September 27, 2010 Monthly Workshop September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 21 of 36 9:05:06 PM Commissioner Gering said he had two issues, the first that he would like to add a discussion about a possible meeting with the Hillsborough Chamber of Commerce to start the dialogue to collaborate with them directly regarding economic development, and also possibly meeting with the Chapel Hill Chamber of Commerce to address issues they saw as impediments to economic development. He said he was convinced it was a serious problem and Hillsborough was in a better position than the County or any municipality in the County to address it. Commission Gering said Hillsborough was tarred with the same brush that the rest of the County might deserve but Hillsborough did not. Commissioner Hallman asked about including other groups such as the Downtown Merchants Association and Daniel Boone Merchants Association. Commissioner Gering said he could not answer that, but it might be worth broadening the discussion. He said beginning with a smaller group might be more productive. 9:06:43 PM Commissioner Lowen asked if he was suggesting meeting with the Chamber board or including all Chamber members. Commissioner Gering responded he believed they should start with the Governmental Affairs Committee of the Chamber or some delegation the Chamber proposed. Mayor Stevens said he would be an advocate of meeting with both Chambers, perhaps just a few people from each, noting he believed they would have more traction in small groups. He said he would like to generate some ideas in that smaller group first, and then bring those ideas to the larger boards. 9:07:59 PM Commissioner Lowen asked if the Mayor was suggesting doing that prior to the meeting with the Chamber. Mayor Stevens said yes, he was suggesting that as a place to start. He said he believed it would be more productive to generate some ideas so they had something substantive that they could all sit down and discuss. Mayor Stevens said both Chambers were very distinct and had a lot of different ideas, and getting them all in the same room to discuss ideas before an official meeting would be helpful. He said he would envision six to ten people sitting down for a discussion, with the ideas generated brought back for a discussion among the full Board. Mayor Stevens said he would be willing to participate in that initial discussion. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 22 of 36 9:09:26 PM Commissioner Gering said he would be in agreement with that and would like to initiate that smaller group discussion soon, perhaps prior to the September 27 workshop. Commissioner Gering, Mayor Stevens, and Commissioner Hallman volunteered to participate in that initial meeting. Commissioner Lloyd asked had this year's funding of $6,000 been forwarded to the EDC. Mr. Siler said the disbursements for this year had not yet been made. Commissioner Lloyd replied she did not believe it should be disbursed as yet, particularly in light of the Town's exclusion from recent discussions. 9:11:47 PM Commission Gering said if the County had another meeting regarding economic development that the Town was not invited to, he believed one or more of the Board should attend as members of the public. Mayor Stevens agreed, noting he had talked with Aaron Nelson with the Chapel Hill Chamber and Chapel Hill had not been invited either, although the Hillsborough Chamber had been. He asked that staff scan announcements of meetings and alert the Board if a meeting was scheduled. Ms. Hauth said she believed the County had held up all appointments that were not statutorily required while they were conducting an assessment of all of the County advisory committees. She said apparently there was guidance that came out of that economic development meeting to get the relevant staff together to find common ground between the various jurisdictions. Ms. Hauth said that Hillsborough would be invited to the subsequent meetings, but they had not been in the past because the Town did not have an economic development person. She said she had suggested that OWASA needed to be brought into those discussions because often reduced utility fees were offered as an economic development incentive. 9:15:22 PM Mayor Stevens said that was helpful information, and with the activity around economic development there was a need for everyone to know what others were doing. He said he did not want to ascribe to ill intent, noting that he believed they were all trying to do what was best. Commissioner Gering said in regards to ill intent, he had heard one lesson loud and clear during the court hearing on the County parking issues. He said the Town had to be very careful in regards to who was authorized to represent the County, and the Board needed to discuss what guidance or requirements it wanted to provide to the Town's subsidiary boards on who they should be dealing with or what credentials needed to be provided to make certain the Town did not end up with another instance where the County was exempted from something because they said the person speaking for the County was not authorized to do so. Commissioner Gering said they should provide guidance to the Town's advisory boards on what standards to follow. 9:16:28 PM Mr. Hornik said the Board of Adjustment had that discussion at its meeting last night, and one issue discussed with Planner Tom King was making sure that the Board of September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 23 of 36 Adjustment received an application that was signed by the owner of the property or a corporate representative of the corporation that owned the property. He said if that did not happen then the person signing the application would be required to provide a written document authorizing them to proceed with the application on behalf of the owner of the property. Mr. Hornik said the Board of Adjustment wanted to develop a uniform policy on how proof of ownership would be determined and what type of written authorization would be required. Commissioner Gering said it seemed that with local governments it was an even hornier problem. He said a uniform policy should apply to all the advisory boards and committees, including the Town Board. Mr. Hornik agreed. Commissioner Gering said it seemed it would be premature at this point to add the issue to the workshop agenda. 9:18:35 PM Ms. Hauth said there was one additional topic addressed earlier tonight in the discussion on the TIP. She said the MPO had been working on basic analyses of the alternatives for Elizabeth Brady Road in terms of impacts, and had that ready for public review. Ms. Hauth said since the NCDOT had moved up the date of the one -on -one meeting to the end of October, review of the analyses needed to be scheduled quickly so that the Town could then put forward its substitute project for Elizabeth Brady Road. She said all but one of the projects that seemed to have the biggest impact were already in the TIP, with one a new suggestion that was not in the LRTP so it could not be funded immediately but would be in future years. Ms. Hauth said the workshop appeared to be a convenient time to discuss that, particularly since the downtown parking was on the same agenda, but she believed that was too much for the Board to try to handle in one evening. She said while that analyses review was time sensitive, the downtown parking issues was not. Ms. Hauth said the discussion on Riverwalk was somewhat time sensitive but could be pushed to the October meeting but no later. She said she did not know if the budget training scheduled for the workshop was time sensitive. 9:20:45 PM Ms. Ard said she had one item to include, which was the annual contract with Orange County for stormwater services. She said the County was requesting that they incorporate erosion control services into that annual contract since there had not been a formal agreement for those services for a number of years although the County had been providing that service. Ms. Ard said they anticipated the County Board would be considering that contract on September 21. She said that October 1 was traditionally the date that the annual contract began, and would like to add that to the Workshop agenda to get the Board's comments. Mayor Stevens asked was there a change in the cost. Ms. Ard responded the cost was $80,400 for five years, so there was no change. Mayor Stevens said he did not believe there would be time on the workshop agenda to include the request made by Terry Melville earlier this evening, noting the workshop agenda was too full. 9:23:24 PM Commissioner Gering asked if he could receive a summary of all of the contracts with Orange County. He said he knew that would be one of the points in discussions with the Chamber of Commerce, noting the feedback he had gotten was that people enjoyed working with Town staff, Ms. Hauth in particular, and that was why the Town should not be painted with the same brush as others. Commissioner Gering said on the other hand, the Town contracted a number of services with the County that did cause issues with people trying to do business with the Town, and before they considered contracts such as this one he wanted to understand what the Town's exposure was, any alternatives, and what the Town might need to do to change the way the County conducted business with the Town's customers. Ms. Hauth said just for information, the Town did not have a contract with the County for Building Inspections. Ms. Ard said a similar situation existed with the Fire Marshal. 9:25:29 PM Mayor Stevens said it appeared that the time - sensitive items for the September 27 workshop were the Riverwalk grant strategy, the MPO analyses regarding impacts of Elizabeth Brady Road alternatives, the Parking Study, and the stormwater services contract with the County. 10. CLOSED SESSION September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 24 of 36 A. Closed Session as authorized by North Carolina General Statute Section 143- 318.11(3) regarding litigation concerning the Orange County Justice Facility Parking B. Closed Session as authorized by North Carolina General Statute Section 143 - 318.11 (a)(6) regarding a Personnel Matter 9:27:20 PM Upon a motion by Commissioner Lloyd, seconded by Commissioner Lowen, the Board moved to go into Closed Session by a vote of 5 -0. The motion was declared passed. 11. ADJOURN Upon returning to Open Session, and upon a motion by Commissioner Dancy, seconded Commissioner Lloyd, the Board moved to adjourn the meeting at 10:30 p.m. by a vote of 5 -0. The motion was declared passed. Respectfully submitted, Donna F. Armbrister, MMC Town Clerk o Clerk onna F. Armbrister own Clerk September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 25 of 36 c / L , A ,;(// 009,— s c RESOLUTION REQUESTING AN APPOINTMENT TO AN EXTRATERRITORIAL JURISIDICTION SEAT ON THE HILLSBOROUGH PLANNING BOARD WHEREAS, as a result of the end of a term, it is necessary to appoint a person to a seat reserved on the Hillsborough Planning Board for persons residing within the town's extraterritorial planning jurisdiction; and WHEREAS, by state statute and town ordinance, the Orange Board of Commissioners initially has the authority and responsibility to appoint ETJ members to the town's Planning Board; and WHEREAS, after recruiting for 60 days and contacting the pool of current volunteer board applicants, no volunteers living within the ETJ have come forward, NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH RESOLVES: Section 1. The Orange County Board of Commissioners is respectfully requested to appoint the following individual to an ETJ seat on the Hillsborough Planning Board, whose term would expire October 31, 2013: Ms Erin Eckert 1811 Rams Way Hillsborough, NC 27278 Section 2. lithe Orange County Board of Commissioners fails to appoint persons willing to serve in the capacity described above within 90 days of receiving this resolution, then the Hillsborough Town Board may make this appointment. Section 3. The Town Clerk shall send a copy of this resolution to the Orange County Manager. Section 4. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 9 day of September 2010. Ayes: 3 Noes: - Absent/excused: 4 I, Donna F. Armbrister, Town Clerk to the Town of Hillsborough, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Hillsborough Town Board of Commissioners on September 9, 2010. APPROVED: GENERAL FUND BEFORE ADJ. AFTER 1. Expenditures 10 -10- 4100- 5300 -041 Governing Body - Attorney Fees 113,000 3.500 116,500 10 -50 -6250- 5300 -450 Tourism - Contract ServIAlliance 121,952 11,000 132,952 10-40 -6400- 5300 -150 Cemetery - Grounds Maintenance 31,000 (10,000) 21,000 10 -60 -6900- 5300 -570 Special Appropriations - Miscellaneous 10,000 (4,500) 5,500 $ 275,E $ - 5 275,952 VERIFIED Donna F. Armibrlster, Town Clerk BUDGET AMENDMENTS June. 2010 September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 26 of 36 GENERAL FUND 1. Revenue 10 -20 -3300- 3380 -000 Misc (Confiscation Percentage To record the receipt of substance abuse tax proceeds 4. Revenue 10 - 00 - 3900 - 3900 - 000 Fund Balance Appropriation Expenditure 10 -10- 4100 -5300 -570 10 -10- 4200- 5300 -576 10 -10- 4400- 5700 -735 10 -10 -4400- 5300 -453 10 -10 -4900- 5300 -330 10 -10 -4900- 5300 -456 10 -10 -4900- 5300 -572 10 -10- 5000- 5300 -150 10 -10 -5000- 5300 -338 10 -10 -5000 -5300 -451 10 -20- 5100- 5300 -571 10 -20- 5110 -5300 -330 10 -20- 5120- 5300 -330 10 -20 -5120 -5300 -333 10 -20- 5300 -5300 -330 10- 30- 5600 - 5300 -330 BUDGET AMENDMENTS September, 2010 Expenditure 10 - 20 - 5100 - 5300 - 571 Police Admin. - Confiscation %age 2. Expenditures 10 -10 -4200- 5300 -459 Administration - C.S./Contract Labor 10 -10- 4200- 5100 -020 Administration - Salaries 3. Expenditures 10 -20- 5110 -5700 -740 Police Patrol - Capital /Equipment 10- 00- 9990 -5300 -000 General Fund Contingency Governing Body - Miscellaneous Administration -Local Gov Channel Finance - Capital /Bldg and Improvement Finance-C.S./ICS Planning - Departmental Supplies Planning-C.S./Ordinance Update Planning- MIsc.IWayfinding Project Ruffin - Roulhac: Bldg Maint. & Repair Ruffin - Roulhac: Supplies /Data Processing Ruffin - Roulhac: C.SJNetwork Maint Police Administration-Misc./Confiscation Police Patrol - Departmental Supplies Police investigations - Departmental Supplies Police Investigations- Supplies - Special Res Fire Inspections /Departmental Supplies Street - Departmental Supplies BEFORE ADJ. 150 $ 86 .Z $ - 373,000 $ 373 Q To fund temporary part-time help in Administration using Office Team (Lillian Clark) $ 2,500 8,500 4,000 19,000 3,000 September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 27 of 36 17,000 16,500 86 17,105 17,290 2,500 1,500 13,000 $ 2,400 $ (2,400) AFTER 86 $ $� $ 2,400 $ 370600 $ 373,000 $ 78,000 $ 30,000 $ 108,000 $ 100 000 $ (30 000) $ 70.000 $ 178 000 $ - $ 178 000 To fund an additional (4th) patrol car purchase for FY11 and in -car camera system as approved at the July 12, 2010, board meeting $ 471 530 $ 439 810 5 911 340 137 North Ghurton .street • P.O. Box 42.9 • Hillsborough, North Carolina 27278 919 -732 -2104 • Fax 919- 732 -1028 $ 750 $ 3,250 1,200 9,700 13,000 17,000 7,300 26,300 600 3,600 21,259 21,259 24,381 24,381 10,646 27.646 10,813 10,813 2,340 18,840 7,035 7,121 548 17,653 822 18,112 2,986 5,486 1,485 2,955 3,700 16,700 10 -30 -5600- 5300 -452 10- 30- 5600 -5300 -453 10 -30 -5600- 5300 -455 10 -30- 5600 -5300 -461 10 -30 -5700- 5300 -330 10- 30- 5700 - 5300 -762 10 -30- 5700- 5700 -730 10 -30- 5900- 5300 -165 10 -30 -5900- 5300 -454 10 -30- 5900- 5300 -460 10 -10- 6200 -5300 -156 10 -10 -6200- 5700 -735 10 -60- 6900 -5300 -917 Street-C.S./Sidewalks 3,000 Street-C.S./Margaret Lane Sidewalk Street - C.S./Engineering Services 8,500 Street - C,S.IKenion Grove Sidewalk Powell Bill- Departmental Supplies 8,000 Powell Bill- Patch and Resurface 105,500 Powell Bill- Capital improv. /Sidewalk Repair 50,000 Stormwater- MaintenancelInfrastructure 12 Stormwater- C.S.ISormwater Evaluation Stormwater -Storm Drain Cleaning 3,300 Parks & Recreation- MaintenancelGoid Park 9,480 Parks & Rec - CapitallWater Stone Restroom - Special Approp. -O.C. Park and Ride 1,000 $ 322131 To bring forward encumberances of the 2009 -2010 General Fund Budget 4. Expenditures 10 -30- 5600 -5300 -462 Streets - C.S. /Dwntwn Pking & Curb Paint $ 10 -30 -5600- 5300 -452 Street - C.S./Sidewalks $ To fund downtown parking and curb painting project 5. Expenditures 10 -10 -5000- 5300 -338 Ruffin - Roulhac - SupplieslData Processing 10 -10- 5000 -5300 -150 Ruffin - Roulhac - Bldg Maint/Repair WATER FUND 6. Revenue 30 -80 -3900- 3900 -000 Fund Balance Appropriation Expenditures 30 -80- 7220 -5300 -572 30 -80 -7240- 5300 -330 30 -80 -7240- 5300 -331 30 -80 -7240 -5700 -742 30 -80 -8120 -5300 -150 30 -80- 8120 -5300 -320 30 -80- 8120- 5300 -453 30 -80- 8120 -5300 -550 30 -80 -8120- 5300 -572 30 -80 -8130 -5300 -152 30 -80 -8130 -5300 -151 30 -80 -8130- 5300 -571 30 -80- 8130 -5700 -730 30 -80- 8140 -5300 -330 Engineering - Jordan Lake Partnership Billing and Coll. - Dept. Supplies /B &C Bilking and Coll. - Supplies /Meter Reading Billing and Coll. - Capital /Data Processing Water Plant -Plant and Equipment Maint Water Plant - Chemicals Water Plant-C.S./Generator Load Water Plant- Aluminum Sludge Removal Water Plant- Consumer Confidence Reservoir- Aquatic Weed Control Reservoir- Maintenance Reservoir- Misc.lO.0 Contribution -Lake Orange Reservoir - Capital Improvement Water Distributor- Departmental Supplies 25,555 25,55 September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 28 of 36 22,555 25,555 77,000 77,000 6,900 15,400 3,554 3,554 1,500 9,500 100,000 205,500 67,400 117,400 4,836 16 836 5,000 5,000 725 4,025 475 9,955 40,000 40,000 1,000 2,000 $. 439 810 $ 762,571 $ 4,340 $ 4,340 $ (4,3401 $ 21,215 $ - $ 10,813 $ (10,813) $ - $ 17,000 5 10,813 $ 27,813 $ 27,$], $ - $ 27.813 To move encumbered data processing budget to building maintenance to fund repairs at Ruffin- Roulhac as originally intended BEFORE ADJ. AFTER $ 37 260 $ 43j 8 $ 477 078 $ 4,200 $ 1,700 5,900 9,000 345 9,345 23,000 2,000 25,000 - 4,000 4,000 15,000 500 15,500 130,000 10,000 140,000 4,800 3,348 8,148 26,000 26,000 52,000 3,100 1,500 4,600 2,000 6,815 8,815 6,500 1,300 7,800 - 25,000 25,000 631,134 264,046 895,180 108,600 2,224 110,824 30 -80 -8200- 5300 -330 30- 80- 8200 -5300 -322 30- 80- 8200 - 5300 -451 30 -80 -8200 -5300 -570 30 -80 -8200- 5700 -731 30 -80- 8220 -5300 -320 WW Coll.- Departmental Supplies WW Coll. - Supplies /Lift Station WW Coll - C.S. /Pump Station Monitoring WW CoII. - Miscellaneous WW COIL - Capital ImproviPump Station WWTP- Chemicals To bring forward encumberances of the 2009 -2010 Water Fund Budget 7. Expenditure 30- 80- 8220 -5700 -741 WWTP- Capital /Equipment 30- 80- 9990 -5300 -000 Water Fund Contingency To fund the purchase of a portable bypass pump as approved at the July 26, 2010 workshop meeting GENERAL FUND CAPITAL IMPROVEMENT FUND 8. Revenue 60 -70- 3980 -3983 -300 installment FiniLadderTruck 60 -70- 3980 - 3983 -310 Installment Finance /Knuckleboom Truck Expenditure 60- 20- 5350 -5700 -741 Ladder Truck 60 -30 -5800 -5700 -742 Knuckleboom Truck 80,000 2,224 82,224 26,600 1,336 27,936 9,600 2,324 11,924 8,200 497 8,697 - 80,000 80,000 106,100 4659 110,759 $ 9,000 $ 100.000 $ 109 • 000 $ 1.193. 39 $ 1.633.652 $ 14,000 $ (14,000) $ 900,000 $ 150,000 $ 1,050,000 $ - $ 120,000 $ 120,000 $ 900.000 j. 270_00 $ 1.170 $ 900,000 $ 150,000 $ 1,050,000 $ - $ 120,000 $ 120,000 $ 900,.000 $_2.1.0.-Q01) $_1110-40 To increase the budget for a ladder fire truck purchase and establish a budget for a knuckleboom truck, as approved in the FY11 Budget Ordinance WATER FUND CAPITAL IMPROVEMENT FUND 9. Revenue 69 -70- 3870- 3872 -000 Transfer From Capital Reserve - Water 69 -70- 3700 -3700 -000 Grant - EPA Stag Program APPROVED: 09 "eP M C� VERIFIED i • own Clerk 0 na F. Armibrister September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 29 of 36 $ 23,000 $ 86,000 0,g 000 $ $ 326,553 $ 326,553 $ - $ 223,447 $ 223,447 $ L_5_50.000 S,„50.0,,02 Expenditure 69 -80- 8140- 5700 -731 Mayo BPS Upgrade&Orange Grove Main RE 9 - $ 550,00Q To establish a budget for Mayo BPS Upgrade and Orange Grove Road Main Replacement, as approved in the FY11 Budget Ordinance $ 550.000 September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 30 of 36 Dr28 aofoo9o9- y e AN ORDINANCE AMENDING CHAPTER 14, SECTION 14-13 BILLS, OF THE CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Chapter 14, Section 14 -13 Bills is hereby amended as follows: (a) Bills shall be mailed not later than the first of each month and become delinquent if not paid by the close of business hours on the 25th of each month. A late penalty charge of 15 percent will be assessed at 6:00 p.m. on the 25th to all delinquent accounts. If the bill is not paid in full or otherwise resolved by the close of the business day on the 25th of the second month (or the first working day after the 25th if the 25th falls on a weekend or holiday), the meter will be turned off and locked. There will be a delinquency fee (refer to the Town's Fees, Rates & Charges Schedule) added to the account. Service will be reconnected when the oldest of the two bills, late penalty and delinquency fee are paid in full. Termination of service for non-- payment will not take place on Friday or the day before a holiday. If any tampering to the meter or service connection occurs, the meter will be locked and a tampering fee will be assessed. Subsequent tampering violation fees are four (4) times the first charge (refer to the Town's Fees, Rates & Charges Schedule. Service will not be reconnected until all tampering fees are paid in full or a payment arrangement is approved. Repeated tampering will result in removal of the meter. Section 2. All provisions of any Town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this the 9th day of September, 2010. Ayes: 5 Noes: 0 Absent or Excused 0 L Donna F. Armbrister, CMC Town Clerk ORDER OF THE TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS State of North Carolina County of Orange To Jo Roberson, Tax Collector of Orange County: In accordance with G.S. 105 -321, you are hereby authorized, empowered, and commanded to collect the 2010 taxes set forth in the tax records filed in the office of the Orange County Tax Assessor, and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Orange. This order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. Witness my hand and official seal, this 9th day of-September, /r � H1llS r. ;±1� 2 r ' G or F! I I �,,* I I i N.l September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 31 of 36 15 Tom Stevens, Mayor Town of Hillsborough Jerk to the Board of Commissioners 147 North Churton Street • F.O. Box 429 • Hillsborough. Nnrth Corr 2797,9 September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 32 of 36 ORDINANCE 20100909 -9.G1 AN ORDINANCE AMENDING CHAPTER 4 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Chapter 4 — Personnel, of the Hillsborough Code is hereby amended to read: Section 4 -24 Leave Without Pay (b) The employee shall apply in writing to the supervisor for leave. The employee is obligated to return to duty within or at the end of the time determined appropriate by the town manager. If the employee decides not to return to work, the supervisor should be notified immediately. The employee will be placed in an Inactive Status with the "Town and will not earn sick leave and/or vacation leave while in the Inactive Status. The employee will be responsible for paying the Town, no later that the first of each month, for all dependent insurance coverage premiums. If these payments are not made, the dependent coverage(s) will be terminated immediately and the employee will not be eligible to reinstate the dependent coverage until they return to work in an Active Status. Upon retuning to Active Status, the dependents can be re- enrolled in benefit packages without waiting until Open Enrollment. Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same position held at the time leave was granted_ Failure to report at the expiration of a leave of absence, unless an extension has been requested and granted, will be considered a resignation. Section 2. All provisions of any Town Ordinance in conflict with this Ordinance are Repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of September, 2010. Ayes: 5 Noes: 0 Absent or Excused: 0 Donna F. Armbrister, Town Clerk AN ORDINANCE AMENDING CHAPTER 4 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Chapter 4 — Personnel, of the Hillsborough Code is hereby amended to read: Section 4 - 60 Sbortterm Disability Coverage A weekly disability benefit is being provided for each fulltime employee by the Town of Hillsborough at no cost to the employee. This benefit starts on the eighth day of a non - work - related disability and continues for a maximum of 26 weeks. The employee must be "continuously disabled so as to be actually prevented from the performance of every duty of their occupation." The benefit payment is 60 percent of the basic weekly salary. The employee will be placed in an Inactive Status with the Town and will not earn sick leave and/or vacation leave while in the Inactive Status. The employee will be responsible for paying the Town, no later that the first of each month, for all dependent insurance coverage premiums. If these payments are not made, the dependent coverage(s) will be terminated immediately and the employee will not be eligible to reinstate the dependent coverage until they return to work in an Active Status. Upon retuning to Active Status, the dependents can be re- enrolled in benefit packages without waiting until Open Enrollment. The plan does not allow for sick leave and/or vacation leave to be taken while receiving this disability benefit payment. Section 2. All provisions of any Town Ordinance in conflict with this Ordinance are Repealed. Section 3. This ordinance shall become effective upon adoption. September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 33 of 36 ORDINANCE 20100909 -9.G2 The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of September, 2010. Ayes: 5 Noes: 0 Absent or Excused: 0 r y I y � � cf L . Donna F. Armbrister, Town Clerk Ayes: 5 Noes: 0 Absent or Excused: 0 Donna F. Armbrister, Town Clerk September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 34 of 36 ORDINANCE 201 00909 -9.G3 AN ORDINANCE AMENDING CHAPTER 4 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Chapter 4 — Personnel, of the I lillsborough Code is hereby amended to read: Section 4 -61 Family Medical Leave (FMLA) (6) While on leave under this section, the employee will be placed in an inactive status with the town and will not earn sick leave and/or vacation leave while in the Inactive Status. The employee will be responsible for paying the Town, no later that the first of each month, for all dependent insurance coverage premiums. 1f these payments are not madc, the dependent coverage(s) will be terminated immediately and the employee will not be eligible to reinstate the dependent coverage until they return to work in an Active Status. Upon retuning to Active Status, the dependents can be re- enrolled in benefit packages without waiting until Open Enrollment. Section 2. All provisions of any Town Ordinance in conflict with this Ordinance are Repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of September, 2010. 6W193d Town of Hdls4xouph RESOLUTION (20010909 -9.H RESOLUTION ADOPTING THE HILLSBOROUGH RAIL STATION SMALL AREA PLAN WHEREAS, The Small Area Plan Task Force was appointed and began work in June 2009 with the goal of recommending appropriate land uses for the Hillsborough property as well as supporting land uses on the greater Collins property; and WHEREAS, The Small Area Plan Task Force was made up of a cross section of the community with a variety of interests related to the potential development of a rail station and the and surrounding it; and WHEREAS, The Task Force developed a conceptual site and land use plan for the 20 -acre tract of land owned by the Town located off of Orange Grove Street, including phasing options and a proposed general transportation network and set of land uses for the adjacent Collins property; and WHEREAS, The draft Small Area Plan was presented at a public meeting on March 31, 2010 and made available for public comment, and WHEREAS, The draft Small Area Plan was presented to the Town Board at their June 28, 2010 workshop and at a public hearing of the Town Board on July 26, 2010; and WHEREAS, The Planning Board unanimously recommended the adoption of the Rail Station Small Area Plan during their August 19, 2010 meeting, with the adjustments to the recommendations formulated by the task force in response to comments made during the public hearing, NOW, THEREFORE BE IT RESOLVED BY THE HILLSBOROUGH TOWN BOARD OF COMMISSIONERS, that the Rail Station Small Area Plan is adopted b the Town of Hillsborough as a conceptual vision of a development pattern around the select -.. rail station site. This the 9 day of September, 2010. 1 51 111 pF HI G SEAL °r tt� 1 �5 1'.11C41 gn ",,y CARO `t! "1 odor -P.6st Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278 919- 732 -1270 • Fax 919- 644 -779() Tom Stevens, Mayor onna F. Armbrister, Town Clerk September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 35 of 36 ORDINANCE #20100909 -10.F AN ORDINANCE AMENDING SECTION 6A OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH September 9, 2010 Regular Board Meeting Approved: October 11, 2010 Page 36 of 36 THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 6A -20 Handicapped Parking Spaces of the Town Code is amended by deleting the reference to on street handicapped parking spaces on the west side of South Cameron Street. Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9;h day of September, 2010. Ayes: Noes: 0 Absent or Excused:_ Donna F. Armbrister. Town Clerk