HomeMy Public PortalAbout10-11-2010 Regular MeetingPRESENT: Mayor Tom Stevens, Commissioners Frances Dancy, Mike Gering, L. Eric
Hallman, Evelyn Lloyd, and Brian Lowen.
STAFF PRESENT: Town Manager Eric Peterson, Assistant Town Manager/Public Works
Director Nicole Ard, Town Clerk/Director of Administration and Human Resources Donna F.
Armbrister, Planning Director Margaret Hauth, Senior Planner Tom King, Town
Engineer/Utilities Director Kenny Keel, Acting Police Chief Davis Trimmer, Public Works
Supervisor Ken Hines, Public Information Officer Catherine Wright, Finance Director Greg
Siler, and Town Attorney Bob Hornik.
Mayor Stevens called to order at 7:01 p.m.
1. PUBLIC CHARGE
MINUTE S
HILLSBOROUGH TOWN BOARD
October 11, 2010
7:00 PM, Town Barn
October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
7:01:13 PM Mayor Stevens did not read the Public Charge but asked that everyone present
please abide by it.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
7:01:27 PM None.
3. AGENDA CHANGES & AGENDA APPROVAL
7:01:30 PM None.
7:01:41 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Hallman,
the Board moved to approve the Agenda as submitted by a vote of 5 -0. The motion was declared
passed.
4. APPOINTMENTS
A. Consider reappointing Mark Bell to a second 3 -year term ending July 31, 2013 as
an in -Town member on the Historic District Commission
7:01:52 PM Upon a motion by Commissioner Gering, seconded by Commissioner Hallman,
the Board moved to reappoint Mark Bell to a second 3 -year term ending July 31, 2013 as an in-
Town member on the Historic District Commission by a vote of 5 -0. The motion was declared
passed.
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5. PRESENTATIONS
A. Innovation and Customer Service Awards Program Ceremony
October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
7:02:17 PM Mayor Stevens said he was pleased to note that the innovation and Customer
Service Awards would be presented to employees this evening. He said he knew he spoke for
the entire Board as well as Town staff that they wanted to continue to look for new and more
effective ways of providing local government to their citizens.
7:02:50 PM Town Manager Eric Peterson said this was the second year of the awards program
and was an effort to recognize outstanding efforts from employees, noting that there were many
great deeds performed by employees and he wished that everyone could be recognized. He said
they had three categories: the Customer Service, Innovation, and Innovator of Distinction, noting
that the Innovator of Distinction Award was not awarded annually. Mr. Peterson said if one of
the accomplishments was so noteworthy in creativity then the employee or employees could be
considered for that award.
Mr. Peterson said the awards were broken down into different categories: Honorable Mention,
Bronze Level, Silver Level, and Gold Level. He said depending on the level, employees
received an award or a certificate and in some cases a small cash bonus. Mr. Peterson then
presented a Customer Service Silver Award to Will Baker, the Assistant Utilities Director, who
created a public information video to be played on the Town's public access channel that
provided information on the water meter change -out program.
Mr. Peterson said he wanted to provide some background on the second series of Customer
Service Awards, after which he would ask Kenny Keel to come forward to hand out the
individual awards. He said there were 13 employees who assisted in a situation that happened
just before Christmas last year. Mr. Peterson said the Little School daycare facility in
Waterstone was trying to get ready to open on January 4, noting there were 120 children
expected on that day and families were depending on that child care being available. He said it
was discovered on December 22 that the Certificate of Occupancy could not be issued because
the contractor had not followed Town policy and directions and the water system had not been
connected properly, thus delaying the opening. Mr. Peterson said that Mr. Keel identified key
steps that needed to be accomplished in order for the CO to be issued and directed Utility staff to
implement those steps, which should have been done by the contractor, to help the Little School
meet its deadline.
Mr. Peterson said that Mr. Keel could provide more background, but said as far as customer
service to citizens this situation would be hard to beat. He said they had tried to recognize the
different levels of effort made by employees, and his personal favorite occurred late in the
afternoon on December 23, just hours before Town offices would close for the Christmas
holiday. Mr. Peterson said Town employees were in the field hours before a long Christmas
break working to help the Little School avert what for the school would have been a disaster for
their business. He said another employee had come back on Christmas Eve to complete some
tasks to make sure that the Little School would be able to open on time. Mr. Peterson said it was
a tremendous effort by everyone involved.
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October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
7:06:37 PM Mayor Stevens said he had participated in the ribbon - cutting several days later
and there was nothing like being an official and having people who were opening a business take
the time to express how great they thought the Town employees were and how grateful they were
for their assistance.
Mr. Peterson said that Mr. Keel was being recognized with a Bronze Award for his efforts to
help the owners to develop a plan and coordinate a response to help the school open on time
while simultaneously coordinating repairs during the water main break on Orange Grove Road.
7:07:10 PM Town Engineer/Utilities Director Kenny Keel said it was always difficult to get
anything done between Christmas and New Year's whether it was in government or in the
private sector because everyone was focused on the holidays. He said but in this instance, all of
the employees being recognized had stepped up at some level to assist the Little School and had
gone the extra mile to do everything possible to help while still remaining within the Town's
policies and requirements.
Mr. Keel awarded the following Customer Service Awards related to the assistance provided to
the Little School:
Honorable Mentions: Malcolm Hester, Steve Baker, Howard Hobson, Nathan Cates, and
Greg Siler.
Bronze Award: Tom King, Jerry Wagner, and Russell Bateman.
Silver Award: Ricky Clark, Will Baker, Julie Lindley, and Scott Smith.
7:09:55 PM Mr. Keel awarded the following Innovation Awards:
Silver Award: Russell Bateman, Howard Hobson, Larry Williams, Steve Baker, Malcolm
Hester, Randy Lloyd, Adron Thompson, Nathan Cates, and Joel Lashley — Awarded for a
significant reduction in disinfection by- product levels resulting in safer drinking water and
saving the Town approximately $76,000 in contractor and consulting fees.
7:14:19 PM Finance Director Greg Siler awarded the following Innovation Award:
Bronze Award: Linda Daye — Awarded due to a change in Finance Department processing
of miscellaneous payments to improve efficiency and to save customer and staff time. The
improvements suggested by Ms. Daye will improve the efficiency of the Finance and the
Billings and Collections operations for years to come, including a reduction in errors in
description, coding and account placement, quicker processing of water bills and reduced
wait time, and freeing up time for Billings & Collections staff.
Bronze Award: Ricky Clark and Jenny Overman — Awarded due to a change in the Town's
Leak Adjustment Policy resulting in a cost savings and bringing the Town's policy more in
line with industry practice.
7:17:43 PM Mr. Peterson awarded the following Innovation Awards:
Silver Award: David Wisely, Darren, Koch, and Frank Moore — Awarded due to the idea to
purchase of a surplus Army truck to address a critical operation, to improve an unsafe work
operation, to defer a capital expense, and to save money by running the truck on used motor
oil. The truck is also used to tow vehicles and to haul large equipment.
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October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
7:20:11 PM Mr. Peterson said that last year an award was given to Shawn Maines at the
Wastewater Plant for an idea that was implemented and was very creative. He said Mr. Maines
had the idea that instead of purchasing an ATV or a Gator that they purchase an industrial grade
tricycle for transporting samples, tools, supplies, and conducting inspections around the
Wastewater Plant. Mr. Peterson said when the Awards Committee had reviewed that they had
said it was a Bronze Award because of the impact, but for creativity it was very hard to beat. He
said they had then developed an award called the "Innovator of Distinction" to recognize things
that were truly creative and unique and took a look of ingenuity. Mr. Peterson said that was not
an award they gave every year, but this year that award was being given for an idea that was
exceptionally ingenious and very creative, and the award was being given to David Wisely,
Darren Koch, and Frank Moore in Fleet Maintenance for their idea to purchase the surplus Army
truck he had just described.
Mr. Peterson said the ideas brought forth by employees represented the good thinking they did
on a daily basis and thanked them for the great job they did, adding that the citizens of
Hillsborough were incredibly fortunate to have such good people working for them.
B. Update on the County -Wide Solid Waste Management Plan by Blair Pollock,
Orange County Solid Waste Planner (consider resolution under Item 10.A)
7:24:04 PM Gayle Wilson with Orange County Solid Waste made the presentation on behalf
of Blair Pollock. Mr. Wilson said that each city and county must submit statutorily a Solid
Waste Management Plan every three years to the State. He said Orange County's Plan was over
a year late, and although there had been no penalties they were moving forward because there
would be some grants available in the spring but only to those who had updated and submitted
their plans by January 1, 2011. Mr. Wilson said the late submittal was due to several reasons,
including that the Solid Waste Plan Work Group had been very thorough and deliberate which
took more time than anticipated, as well as the fact that staff had had to concentrate on a transfer
station siting process which was completed a few months ago.
Mr. Wilson said the Plan was prepared by County staff but was in fact a joint document and was
coordinated with staff from the local jurisdictions within the County. He said all towns must
adopt the Plan along with the County in order for it to be accepted and legitimized by the State,
noting that the Carrboro Board would review it tomorrow night and the Chapel Hill Board would
review it on October 27. Mr. Wilson said Item 10A on tonight's agenda contained the full draft
report as well as a resolution for consideration that would approve the Plan. He said the report
summary beginning on page 8 would provide most of the information needed without having to
read the entire almost 100 page Plan.
Mr. Wilson said a public input meeting on the Plan had been held two weeks ago with 14 citizen
comments received. He said the Plan highlighted a number of things that took place during the
three -year planning period, including the transfer station siting process, the switch to dual stream
from source separated recyclables, completion of the new Administrative Operations Center,
beginning the new Landfill Gas Recovery Program, the addition of rigid plastics to the drop -off
sites, revising the Solid Waste Convenience Center hours and days of operation after some
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October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
debate, adding an oyster shell recycling collection program, connecting the Landfill leachate
collection system to the public sewer system, and achieving their highest waste reduction rate
ever of 54% per capita.
7:28:28 PM Mr. Wilson said the Plan contained a number of issues that had been discussed
and debated, including how to reach a 61% per capita waste reduction rate, rural curbside waste
collection and franchising and recycling expansion, Convenience Center issues such as
financing, hours of operation and design, the future of the Interlocal Agreement, technological
alternatives to landfilling, commercial recycling expansions, adding cooking oil and lights
containing mercury recycling to the Convenience Centers, and moving to single- stream
recycling.
Mr. Wilson said at the last Work Group meeting two weeks ago, the Work Group made two
recommendations. He said the Work Group reaffirmed the 61% waste reduction goal, and
recommended a Convenience Center network called a District Neighborhood Center Network
where there would be two large centers with a wide array of services exceeding what was now
available, that they be opened at least six days a week, and that the Eubanks Road and the
Walnut Grove sites become those large, multi- faceted centers. Me. Wilson said those centers
would be upgraded with compactors, made safer, and ADA compliant to the extent possible. He
said the Neighborhood Centers would be smaller, likely open three to four days a week, and
would have fewer services.
Mr. Wilson said the Work Group also recommended that the County try to move away from
financing Solid Waste Convenience Centers from property taxes and move to some sort of
annual fee similar to the 3 -R fee (reduction, reuse, and recycling). He commented that that
recommendation had not yet been presented to the County Board of Commissioners.
Mr. Wilson said in closing that they were recommending that the Hillsborough Town Board
adopt the resolution provided as a part of Item 10A.
7:30:56 PM Commissioner Gering said in the staff summary for the County Commissioners, it
did not contain as many decisive elements as were desired. Mr. Wilson said that many of the
issues that had been discussed and debated by the Work Group over the past two years they had
simply not reached a consensus on. He said in addition, the County Commissioners somewhat
prioritized Solid Waste Convenience Centers because that was expected to be an issue in the
upcoming budget. Mr. Wilson said over the next planning period he would suspect that the
Work Group would reengage on a number of the issues on which no consensus had been
reached.
7:32:00 PM Commissioner Gering said there was mention that the financial impacts were not
yet known. Mr. Wilson said most of the components were not yet resolved so the impacts could
not yet be determined. He said a detailed presentation was being crafted for the County
Commissioners' meeting next month on the financing and costs related to Solid Waste
Convenience Centers, but that had not yet been fully developed.
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October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
7:32:11 PM Commissioner Gering asked was the Board being asked to approve the Plan
without having those financing and cost details. Mr. Wilson said that was just a recommendation
from the Work Group and it was not an implementable plan. He said it still had to go through
the County Board of Commissioners. Commissioner Gering remarked that the resolution was
more than just a recommendation. Mr. Wilson said it was a recommendation that the Town
adopt the Plan, noting that the Plan still had to go through a process. He said the fact that the
Work Group made a recommendation did not mean that it was policy and would be implemented
and incur costs and financing. Mr. Wilson said that was where the Work Group was in its
deliberation process when it became time to develop the Plan and get it submitted. So, he said,
they had to take what was sort of a snapshot of where it was, and did not expect that the County
Commissioners would make any decisions on the Solid Waste Convenience Centers prior to the
first of the year when the Plan had to be submitted. Mr. Wilson said the Plan was a snapshot of
the status of various issues at the time it was adopted, and was not committing this Board to any
particular implementation or decisions.
7:34:17 PM Commissioner Gering asked what it obligated the Town Board to if they approved
the resolution. Mr. Wilson responded assuming the other local boards agreed, it would commit
them to reaffirmation of the 61% waste reduction goal, and it would commit them to
acknowledging that that was the planning process that took place in which all parties had
participated and that it laid out all the issues discussed and details of issues as well as issues that
would continued to be discussed.
7:35:36 PM Commissioner Lloyd said it was her understanding that the Plan had to be
submitted to the State every three years and it was now more than a year overdue. She said after
reviewing the summary she saw no issue with the Board adopting the resolution.
C. Presentation of Proclamation declaring October 2010 as Domestic Violence
Awareness Month in Hillsborough
7:37:16 PM Mayor Stevens said the Town often recognized different activities on the Consent
Agenda, for example tonight the Consent Agenda contained a Proclamation supporting the
declaration of "Engaging America in the Millennium Development Goals" as the United Nations
Association's theme for the 2010 United Nations Day commemorations as well as a Resolution
to Support Efforts to End Human Trafficking in North Carolina. He said tonight he wanted to
recognize a local agency and present them with a Proclamation declaring October to be Domestic
Violence Awareness Month in Hillsborough.
Mayor Stevens read the Proclamation into the record:
PROCLAMATION TO RECOGNIZE OCTOBER 2010 AS
DOMESTIC VIOLENCE AWARENESS MONTH IN HILLSBOROUGH
WHEREAS, domestic violence is a pattern of coercion and control in an intimate partner relationship
where one person uses violence to gain power and control over their partner; and
WHEREAS, domestic violence includes not only physical, but also mental abuse, emotional abuse,
financial abuse, isolation and sexual abuse; and
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WHEREAS, Family Violence Prevention Center of Orange County provided services to 733 victims of
domestic violence during FY 09 -10; and
WHEREAS, in North Carolina, according to statistics of the North Carolina Coalition Against Violence,
there were 70 domestic violence murders between January 1, 2009 and December 30, 2009 and there have
been 47 domestic violence murders between January 1, 2010 and August 29, 2010; and
WHEREAS, according to the Women's Institute for Leadership Development for Human Rights, high rates
of poverty, poor education, limited job resources, language barriers, and fear of deportation increases the
difficulty in finding help and support services for minority women; and
WHEREAS, prevention strategies involve collaborations by multiple partners and a coordinated
community response to promote policies, and laws that support gender equity and foster intimate
partnerships based on mutual respect, equality, and trust; and
WHEREAS, the key to prevention is education and requiring accountability by abusers;
October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
NOW, THEREFORE, be it resolved that the Town of Hillsborough does hereby proclaim October 2010 as
Domestic Violence Awareness Month in Hillsborough and encourages residents to show support for
victims and survivors of domestic violence and to send the message we are a community working together
to end this violence.
This the 11 day of October, 2010.
A representative of the Family Violence Prevention Center of Orange County thanked the Board
for its Proclamation, and announced that on Friday they would sponsor a wine tasting fundraiser
for their agency beginning at 5:30 p.m. at The Depot and invited everyone to attend. She said as
a resident of Hillsborough she wanted to say thank you to the Town's employees who had
received recognition tonight, noting she had been quite impressed with their achievements.
6. COMMITTEE REPORTS (Critical)
7:40:23 PM Commissioner Dancy remarked that she had given the keynote address last Friday
evening to the Orange County Disability Awareness Group, noting that Senator Eleanor Kinnaird
was present and presented the awards.
7:40:45 PM Mayor Stevens said they had been charged at a previous meeting to follow up on
some economic development proposals and to meet with both the Hillsborough Chamber of
Commerce as well as the Chapel Hill Chamber of Commerce. He said they had met with both
board members and directors of those two organizations and had asked what the Town could do
to encourage economic development, particularly in light of the Asheville visit and how they
could coordinate and cooperate and add to the larger economic development efforts in the
County. Mayor Stevens said everyone had received an email today, and believed they were of
one mind that one of the things they wanted to do as leaders in the community was to suggest the
next steps following the models they had seen in Asheville as well as other communities. He
said in one sense that was that economic development might be best served if they looked
towards creation of a new and independent entity that was a public /private partnership and had a
really comprehensive economic development focus. Mayor Stevens said they were not ready to
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do that now but they were trying to work with both Chambers and with other leaders in
economic development to identify key principles to focus on.
7:42:27 PM Mayor Stevens said the key principles were basically that they wanted a
cooperative and expanded economic development effort and to enable that effort would want to
consider a new entity that would be outside the central local government structure that was
empowered to sustain a very comprehensive economic development approach. He said that
entity would be supported by and would deploy public and private resources, and would be held
accountable by a representative board. Mayor Stevens said to do that would require redirecting
some current resources throughout the County as well as require new resources.
7:43:18 PM Commissioner Gering said especially coming off of the Asheville trip everyone
had felt energized after seeing models that worked and worked well. He said that had really
made it apparent how far behind Orange County had fallen, and now was the time to be
motivated and get the new entity started. Commissioner Gering said it was hoped that this new
plan would be signed off on by the key stakeholders in the County, not only the governments but
other private organizations.
Mayor Stevens said currently there were preliminary discussions taking place with other
municipal and County officials as well as the Chambers, noting that the concept appeared to have
been very well received. He said he would like to hear from this Board their feedback on the
concept.
Commissioner Dancy said she definitely supported the concept. Commissioner Lloyd said she
supported the concept as well.
7:44:41 PM Mayor Stevens said he would be bringing something back to a future meeting for
more detailed discussion, noting they should have a final draft shortly. He said he was excited
that they now had an opportunity to see some real forward movement in regards to economic
development.
7. REPORT FROM THE TOWN MANAGER
7:45:34 PM Mr. Peterson reminded the Board about the new Code of Ethics requirements,
noting that staff would bring forth the draft Code of Ethics policy that the Board was required to
adopt by the end of the year. He said that would be on the Board's November agenda, noting
that only about half of those required to complete the on -line training had done so at this point.
Mr. Peterson asked that those still needing to go through the training arrange a time with the
Town Clerk to do so, and once everyone was scheduled the Town would purchase the on -line
program for another 60 days. He said they were required to complete the training no later than
December 31 to comply with State law.
8. DEPARTMENTAL REPORTS
7:46:36 PM Assistant Town Manager/Public Works Director Nicole Ard provided an update
on the Nash Street sidewalk project, noting that the contract for construction and engineering
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services was not to exceed a certain amount and she was working with the contractor to make
sure they were aware of where they stood on costs. She said there were several issues that had
not been anticipated and therefore not budgeted, and they were in the process of identifying how
to keep the project moving. Ms. Ard said one issue was finding water lines that were not drawn
on the plans, and looking at alternatives for design to get the issues resolved as soon as possible.
She said she would likely be returning to the Board with some funding requests for items that
were not within the scope of work for the project and would not be considered within the
stimulus project funding.
7:48:33 PM Commissioner Hallman thanked Ms. Ard for moving the Margaret Lane Sidewalk
Project forward. Ms. Ard remarked thanks also had to go to the Town Attorney who had assisted
in moving things forward.
Mr. Hornik said they would be meeting on the site tomorrow morning, hopefully to resolve the
last remaining issues to get that site finished. He said hopefully they would be successful in
working out the details with the property owner.
7:49:36 PM Ms. Hauth said the Board may remember that a Community Connectivity Plan
was submitted for a Statewide planning award, and that Plan did win a Comprehensive Planning
Award in the category for a community of Hillsborough's size. She said that Planner Tom King
had attended a recent planning conference and accepted the award on the Town's behalf.
7:50:23 PM Commissioner Dancy asked Mr. Keel if the Town would be fined for the Gold
Park overflow issue. Mr. Keel said he did not anticipate any.
Commissioner Hallman asked if there had been an overflow at River Park. Ms. Ard said staff
had checked on that and reported it was a very small overflow and did not anticipate any
problems.
7:51:07 PM Mayor Stevens reminded the Board that tomorrow night was the Community
Night Out from 6:00 to 8:30 p.m. at the Courthouse. Acting Police Chief Davis Trimmer added
they would be serving hotdogs, and invited everyone to participate.
9. ITEMS FOR DECISION — CONSENT AGENDA
A. Consider approval of the Minutes of the July 26, 2010 Town Board Monthly
Workshop; The July 26, 2010 Town Board Monthly Workshop Closed Session; the
August 26, 2010 Town Board Monthly Workshop; and the September 9, 2010 Town
Board Regular Meeting
B. Consider approval of the 2011 Town Board Meeting Schedule
C. Consideration of an Ordinance to amend Town Code Chapter 6 -43(b) to amend the
civil penalties for traffic citations
D. Consideration of Arts Council request to locate temporary public art at
Police Headquarters and Turnip Patch Park
E. Consider approval of Proclamation supporting the declaration of "Engaging America
in the Millennium Development Goals" as the United Nations Association's theme
for the 2010 United Nations Day commemorations
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F. Consideration of Adopting a Resolution to Support Efforts to End Human Trafficking
in North Carolina
7:51:44 PM Commissioner Dancy said that regarding the resolution contained in the July 26
minutes regarding the Installment Financing Contract with SunTrust Bank, on the second page
the motion contained blanks that needed to be filled in. She said the motion was made by
Commissioner Gering and was seconded by Commissioner Lloyd, and Commissioner Lowen's
name had been left out of the list of "Aye" votes.
Commissioner Lloyd noted that in the second full paragraph on page 5 of the July 26 minutes,
Mayor Stevens was referred to as Mayor Voller, and that should be corrected.
Town Clerk Donna Armbrister noted she would make those corrections.
7:51:44 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman,
the Board moved to approve the Consent Agenda as amended by a vote of 5 -0. The motion was
declared passed.
10. ITEMS FOR DECISION — REGULAR AGENDA
A. Consider Adoption of a Orange County Solid Waste Plan Resolution
7:53:27 PM Commissioner Gering said he would like to table consideration of adoption of the
Orange County Solid Waste Plan resolution until the Board was provided more information and
more time to review the Plan. He said he also wanted the Town Board to be provided with the
public comments gathered at the public input meeting and would also want to be provided with
the County Commissioners' comments on the Plan, as well as any changes the County Board
made to the Plan prior to the Town Board considering adoption of the resolution. Commissioner
Gering said that the draft Plan was quite large and he did not believe the presentation had been
sufficient for him to vote on the resolution at this time.
7:54:17 PM Commissioner Hallman agreed, noting that if the County Commissioners were
going to make changes then he would rather wait until after they had voted on the Plan before the
Town Board considered the resolution.
Commissioner Gering stated that he would also like to have a separate opinion from the Town
Attorney as to what adoption of the resolution would obligate the Town to rather than relying on
County staff's interpretation.
7:54:52 PM Commissioner Lowen said that from the meetings he had attended he understood
that adopting the resolution did not obligate the Town to anything other that what had been
presented, but he certainly understood the advantage of waiting until the County Commissioners
had acted on the Plan. He said he believed it was reasonable to do that as long as the Plan was
adopted by all the partners by the deadline, and asked Mr. Wilson was that correct. Mr. Wilson
replied that the County would receive the Plan at its work session on November 18 but from
past experience the County Board was typically the last entity to approve the Plan because
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ultimately they were the one's responsible for implementing the Plan. So, he said, the Board
could delay for a short time and he would be glad to provide any additional information that was
available, but he was not sure that the County Commissioners would adopt the Plan in time for
the Town Board to adopt it afterwards. Mr. Wilson said that the County Board had indicated
previously that they wished to be the last governmental body to adopt the Plan so that they would
have the benefit of all comments or input from the local governments in the County. He said if
they waited and it was too late for the Town Board to act, it may cause the Town to have to
submit its own Plan to the State separate from the County's Plan.
Mr. Wilson said there was no expectation that the County Commissioners would adopt the Plan
on November 18 but would only be discussing it. So, he said, they would be adopting the Plan
at a subsequent meeting sometime after November 18 Mr. Wilson said if the Town or some
other partner had not adopted the Plan at that time, the County may decide to move forward
without that approval so that the County's Plan was not late.
7:57:36 PM Commissioner Lowen said the County needed to give the Town Board some time
in that Commissioner Gering had requested that the Town Attorney review the Plan. He said as
well they had just received the Plan on Friday and had not been given ample time to review it.
Commissioner Lowen said that the Town Board had a workshop meeting at the end of the month
and that would provide them more time to read the Plan and discuss it further.
Commissioner Gering agreed, noting he also wanted to see the written public comments from the
public input session. Mr. Wilson said those comments were posted on the County's Website as
well as the written comments received from the Sierra Club and one additional citizen.
7:58:05 PM Mayor Stevens suggested they table the issue until their November 8 meeting to
provide the Board time to review the Plan and the comments. There was no objection from the
Board.
7:58:22 PM Ms. Ard noted that at the Solid Waste Work Group meeting, the County had said
they were working on some of the issues that were still outstanding but were for future
consideration. Mr. Wilson said that on Wednesday night the Solid Waste Advisory Board would
be receiving a presentation from the Institute of Government regarding Interlocal arrangements,
specifically public solid waste authorities.
7:59:14 PM Commissioner Gering said to prevent them from having the search for the
comments on the County's Website, he asked that Mr. Wilson email one of the staff with the
comments so that they could forward them to the Board. Mr. Wilson said he would coordinate
that with Ms. Ard.
Remus Smith, the Town's representative on the Solid Waste Advisory Board, stated that two
things were the main issues during their discussions. He said one was rural curbside pickup,
noting that the majority of people in rural areas did not want the service for various reasons
including long driveways and having to carry and /or lift full recycling containers. Mr. Smith
said the most important issue discussed was the Convenience Centers, with a wide range of days
and hours of operations, including some citizens who wanted to be able to visit the Center at 11
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p.m. on a Sunday night. He said he believed they would have to seriously consider some of
those issues in order to keep their curbsides clean and neat.
8:01:01 PM Commissioner Lloyd said she had attended a meeting where there was a long
discussion by people who did not want to carry their trash to the curb and also wanted the
Convenience Centers opened for extended hours and days, so she agreed with Mr. Smith that
those appeared to be the most important issues.
B. Consider Approval of off -cycle Tourism Challenge Grant to the Orange County
Cultural Center in the amount of $10,000
8:02:21 PM Elizabeth Read, Director of the Alliance for Historic Hillsborough and
representing the Tourism Board, stated that the Tourism Board was asking the Town Board for
approval of the Off -cycle Tourism Challenge Grant to the Orange County Cultural Center.
8:02:28 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Dancy,
the Board moved to approve the Off -cycle Tourism Challenge Grant to the Orange County
Cultural Center in the amount of $10,000 by a vote of 5 -0. The motion was declared passed.
C. Consideration of a Street Closing request for a portion of paper streets known as
Second and Third Drive in the block bounded by North Hassell, West Tryon, North
Occoneechee, and West King Streets
8:03:03 PM Ms. Hauth stated that the block in question had what were known as paper streets,
or unopened rights -of -way, that apparently were meant as alleys to provide access to the backs of
all the lots. She said the Town had received a request from one property owner to close those
rights -of -way which impacted a portion of two of the streets. Ms. Hauth said the process for
closing a street required placement of an ad in the newspaper for four weeks, conducting a public
hearing, and then the Board would consider ordering the rights -of -way to be closed. She said
because the Board had to instruct her to place the ad and then call and hold the public hearing
before closing the rights -of -way, she had wanted to take the opportunity to have the Board look
at the larger situation and decide if they wanted to consider closing all of the unopened rights -of-
way or only those requested in this case.
Ms. Hauth said that the closing would impact more than just the one property owner, noting it
would impact three other parcels that adjoined the rights -of -way on the other sides of what that
citizen owned. She said those property owners would also be gaining a portion of land if the
Town closed just the small portion being requested. Ms. Hauth said if the Board wanted to move
forward on the request, then a date would need to be determined for the public hearing, most
likely at the Board's December meeting, to allow the necessary four weeks to publish the ad, as
well as some direction regarding the other rights -of -way.
8:04:48 PM Mayor Stevens asked could this be handled during the joint quarterly hearing.
Ms. Hauth replied that no items were on the October joint public hearing schedule and the
Planning Board did not need to be involved. She said generally the public hearings were short
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and were most often scheduled at the beginning of a regular Board meeting rather than holding
them for a quarterly hearing.
Mayor Stevens said part of his thinking was whether there was some urgency in the request, and
believed that because of the impact that the other property owners involved would want to
comment. He wondered if this could wait until after the UDO process was completed in January.
Ms. Hauth said the letter from the attorney did not indicate any particular urgency, but noted if
they tried to hold the request until a quarterly hearing it would likely be April 2011. Mayor
Stevens said that would be his inclination. Ms. Hauth said to keep in mind that the Board may
still be tied up with the UDO at that point. Mayor Stevens said he worried about it becoming an
involved process and was trying to parcel out the projects.
8:06:07 PM Commissioner Lloyd said the request appeared to be simple in that the person
making the request owned the majority of the land in question and wondered how many people
would actually want to comment at a public hearing. Ms. Hauth replied everyone who backed up
to that land, noting closing all of the rights -of -way would impact 13 to 15 property owners.
Mr. Hornik said his question would be if the Board was considering all of First, Second, and
Third Drives essentially. Ms. Hauth said the Board could entertain only the requested closing
and keep a list of those needing to be considered for future consideration, noting she was not
aware of any urgency to do anything although there were some utilities in the area and they
wanted to make sure they preserved those rights -of -way. Mr. Hornik said it was his recollection
that the existence of those rights -of -way had been discussed once or twice in the last five to ten
years when other situations had come forward.
8:07:31 PM Commissioner Lowen asked if the UDO would have any impact on the request.
Ms. Hauth replied no. Commissioner Lowen said when these types of requests were received
and approved, who picked up the legal expenses associated with the closings. Ms. Hauth said
there were none, noting if the Board adopted the closing the Town recorded an Order and Orange
County Land Records would attach the PIN numbers to the appropriate parcels which would be
found in a title search. She said there was no plat to be recorded and she would not recommend
that the Town expend the funds to survey the entire block so that there would be a recorded plat.
Commissioner Lowen said he would not want to see the Town bear any expense as a result of
any action it took.
8:08:44 PM Mr. Hornik said by operation of law, if the Town abandoned all the rights -of -way
then half of the property abandoned would go to the adj oiner on one side and half to the adj oiner
on the other. He said it was only in circumstances where property owners opposite each other
made a different arrangement that there may need to be some document or deed drafted. Mr.
Hornik said typically the Town would say to those property owners that if any legal work was
required then they had to bear the cost. He said what they anticipated here would be the Town
closing the rights -of -way, each adjoining property owner would get half, and the Town would
record the Order with the Register of Deeds which would automatically change the property
lines.
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8:09:47 PM Commissioner Lowen said he would like to know the location of the other rights -
of -way. Ms. Hauth said they were all unimproved rights -of -way and were very few because
most of them had already been closed, noting she could think of only two or three very small
ones remaining. She said it would be her recommendation to call a public hearing near the
beginning of the Board's regular meeting in December.
Commissioner Gering said he would prefer to set the hearing in December and also try to
accommodate all of the remaining rights -of -way so that future Boards did not have this issue
come up again. He said in December, depending on the public input, the Board could decide
how to move forward. Ms. Hauth said as long as they advertised all of the potential closings, the
Board could choose to do less.
8:11:17 PM Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the
Board moved to set a public hearing for December 13, 2010 to solicit public comment on the
possible closing of unopened rights -of -way for a portion of paper streets known as Second and
Third Drive in the block bounded by North Hassell, West Tryon, North Occoneechee, and West
King Streets as requested by a property owner, as well as any remaining unopened rights -of -way
in the Town by a vote of 5 -0. The motion was declared passed.
D. Consideration of Fairview Park Interlocal Agreement
8:11:34 PM Ms. Hauth said the Interlocal Agreement had been approved by the County
Commissioners, and the two remaining issues not formally in the Agreement she believed had
now been resolved. She said the first was the issue of the gate which was of interest to the
Town, and the Town had agreed to accept responsibility for installation of the gate and opening
and closing it on the schedule set by the County. Ms. Hauth said the Town did want to have that
gate so they would need to move forward to get it installed before the park officially opened.
She said the second issue was the solid waste removal, and the Town would determine a way to
provide roll -out carts on site at particular locations to address that issue.
8:12:51 PM Commissioner Hallman asked if the $30,000 in operating expenses would need to
be contributed this fiscal year. Mr. Peterson responded yes, that actually the Town had agreed to
make that contribution to the County the last fiscal year but the project had been delayed, so
those funds had been redirected for the sidewalk. He said this fiscal year would be the first year
of that contribution for operating expenses. Mr. Peterson said the big issue that the County had
been pushing was for the Town to take the entire park or pay 50% of the operating expenses, but
the Town had clearly stated that was something that would have to be considered much later in
the future.
8:13:05 PM Commissioner Hallman said the terms of the Agreement went out to 2015, so the
terms stated that the $30,000 annual payment would increase by 2% each year. He asked should
they add language to put a cap on that 2 %. Mr. Peterson said the language was fairly clear that
the cost would increase by 2% over the five -year period of the Agreement, and then it would be
up for renegotiation.
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Commissioner Gering asked to be reminded why the Town had agreed to pay $30,000 a year for
a County park, noting he would like to reconsider that decision. He said he did not believe the
Town had adopted a resolution committing them to paying that amount.
Commissioner Lloyd said she believed they had adopted a resolution committing to paying their
share of the operating costs.
8:14:561 PM Commissioner Gering said in the current fiscal environment he did not believe
they should be paying such a high cost for a property that was not in the Town limits and was a
County park.
Commissioner Dancy asked Ms. Armbrister if she could check the records for a resolution
confirming the Town's commitment to pay a portion of the operations costs.
8:15:41 PM Mr. Peterson said when the issue came about he remembered being in a
Manager's meeting and former County Manager Laura Blackmon had said something like "By
the way, we figured Hillsborough would like to be in the park business, and how would you like
us to give you Fairview Park ?" He said County staff had then begun making some offers which
at minimum the Town would need to pay for at least half of the operations. Mr. Peterson said at
the time the cost had been estimated at $150,000 annually, and his response was that the Town
could in no way afford that.
Mr. Peterson said if the Board recalled, years ago when the bond had come up the Town had
wanted to annex the area around the Community Policing Station but County staff had believed
politically it was not the right time to annex. He said it was the County's contention that this was
a regional park and not for Hillsborough, and they were told by staff that politically it would hurt
the chances of getting the park project funded if it was attached with Hillsborough. Mr. Peterson
said what they had been told years ago in regards to the bond was very different than what the
former County Manager had said at the time as far as the Town wanting to get into the park
business. He said to him that was opposite of what people were doing nationally, which was that
instead of decentralizing they were centralizing and consolidating their operations.
Mr. Peterson said he had had issues with that back then, and during the discussions there had
been some joint meetings with the County and talk in general about a contribution. He said he
had stated that he believed the maximum would be $30,000 a year, which was one -half cent on
the tax rate. Mr. Peterson said if that had not been formally adopted, they had been operating
under that assumption and it had been in the financial plan for the past couple of years. He said
he would not defend that and say that was the right thing to do, but that was where they were
now.
8:17:511 PM Commissioner Hallman said he remembered the joint meeting with the County
Commissioners where Laurie Taft had presented a statistic that 90% of the park usage would be
by people within the 27278 area code. He said that Commissioner Lowen had pointed out to Ms.
Taft that people within the 27278 area code extended all the way to Calvander near Carrboro.
Commissioner Hallman said that County Commissioner Nelson had commented the
Commissioners had never heard of that before and that it was a "ridiculous" suggestion by staff.
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Mayor Stevens said a couple of years ago it had been a generous effort on the Town's part to
recognize that if indeed the park became more of a local park as opposed to a regional park
because of its proximity to the Fairview community, then the Town would consider a share of
the operational costs. He said the other longer term issue was that it was a County park and the
Town was focusing on Riverwalk, and they were asking for support with that park. Mayor
Stevens said unless there was a long term plan for that park to come under the Town's park
system then it did seem odd for the Town to agree to a $30,000 contribution now. He said he
believed that had to be a part of a much longer term discussion, noting they just did not have the
fiscal resources to consider doing that now. But, Mayor Stevens said, the Town had been in
discussions where providing a portion of the operational costs had been on the table.
8:19:52 PM Commissioner Dancy asked if the issue should be revisited at the next joint
meeting in February, 2011.
Commissioner Gering said he would support that if the Board approved the Interlocal Agreement
without the provision of the Town's contribution to operation expenses along with a couple of
other changes.
Commissioner Lloyd said she remembered the earlier discussions and questioned the Town
having to make that contribution, but it had been explained that eventually the park would belong
to the Town. She said a certain amount of money had been discussed which was the $30,000,
and that amount had been placed in the budget. Commissioner Lloyd said her point was she saw
nothing new about it, adding that the citizens of Fairview had been promised a park for many
years and that request was finally being answered.
8:21:54 PM Commissioner Gering said he wanted to be very clear that it was not the Town's
park. Commissioner Lloyd agreed, but the Fairview community had been waiting quite some
time for a park.
8:22:16 PM Commissioner Lowen said the financial impact was not small, and would like to
have the Town Clerk go back and see what the Board may or may not have formally agreed to.
He said they all knew that the County was in tough financial straights as was the Town, and the
thing that concerned him the most was if the Town said they would not contribute the $30,000 to
the operational costs that it would become a big political issue between the County and the
Town. Commissioner Lowen said the park was supposed to have been opened in August and the
opening had now been moved to November, and not approving the Interlocal Agreement would
make it look as if the Town was delaying the park. He said he had talked with some Fairview
residents today who had asked why the park had not opened, and he wanted the Board to work
out the details so that there were no further delays in opening the park.
8:23:24 PM Commissioner Hallman pointed out that the $30,000 was for operational expenses
and not for any construction expenses, and the payment was not due until July 31, 2011.
Commissioner Lowen said he understood that, but that could easily be misconstrued.
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Commissioner Gering said until 2015 the payments would total $150,000 plus, and to expend
that to placate a few people who were concerned that Hillsborough might delay opening of the
park was concerning for him.
8:23:57 PM Commissioner Lowen said he understood the point but did not want the message
to be misconstrued.
Commissioner Gering said he was one of the largest supporters of that park and would like to get
it opened, but he also wanted to do what made sense. He said he also questioned why the
$30,000 would increase by 2% each year, and had some other issues with the language in the
Agreement as well.
Mayor Stevens suggested putting those concerns on the table now so the Board could discuss
them.
Commissioner Gering asked about the land transfer. Ms. Hauth said if you looked at Map 1 -B in
the packet, the gray portion was what the Town was giving up. She said if the entire tract that
was green on Map 1 -A was 25 acres, then the gray portion was what was being exchanged. Ms.
Hauth said the green blocks next to the gray block was the five acres the Town had received
from Orange County, so she estimated the land they were giving to Orange County was between
10 and 12 acres. She said that was land that had the park development on it, so it was clear that
the County had all maintenance responsibility and liability responsibility and all other
responsibility for all of the improved land in the park.
8:26:00 PM Commissioner Gering said he understood the exchange, but the land was not of
equal value. Mr. Peterson said when they had sat down with the County one of the big issues at
that time was that in order to make it work they had to address making it one parcel, so they had
to figure out a way to re -piece the land back together. He said the Town's big issue was that
they did not want to take control of the park but the County had still been pushing for a
commitment to take it over at some point in the future. Mr. Peterson said the other issue was that
the land swap had been talked about in general with County staff in that the land was all public
use in any case, and since the County was maintaining the park it did not seem to make any
difference one way or another. He said if the Town were to ever take over the park, then the
County would want to transfer it back to the Town. Mr. Peterson said because all of that land
was for park use or substation use it did not seem to make a difference, but had it been land that
could be developed or used for some other purpose then there would have been more concern.
8:27:19 PM Commissioner Gering said despite what they thought the County might do at
some future point, the land swap did not have equal value. He said they were talking about large
sums of money flowing from the Town to the County, and that and the unequal land swap
appeared unbalanced.
Mr. Peterson said philosophically he did not like it because Hillsborough citizens were paying
taxes to the County. He said ultimately, their discussions with the County and the Recreation
Director was that the County could not afford to operate the park unless the Town made a
contribution, and the $30,000 figure was what had been shared and discussed and placed in the
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financial plan. Mr. Peterson said at some point Laurie Taft had provided an estimated operations
budget, and the $30,000 was what had been determined to be Hillsborough's contribution to
support that operation.
8:28:40 PM Commissioner Gering said he believed something had to be done to bring the
agreement more in balance, and he believed part of achieving that balance was to address the
unequal land swap. He said he had two other issues, the first was to ask how this agreement was
different to the arrangements with the Sheriffs Department for law enforcement in the areas
surrounding Hillsborough that were outside of their jurisdiction, as noted in Section 3.b. of the
Agreement. Ms. Hauth said it was her memory that the entire reason to have that language in
there was to clarify that it was in the Sheriff's Department's jurisdiction and they had primary
responsibility. She said obviously the Town's substation was close and officers would respond
when necessary, but it was the Sheriff's Department's jurisdiction and they had wanted that to be
spelled out in the Agreement so there was no misunderstanding.
8:29:58 PM Mr. Peterson said the position the Town had taken during the negotiations was
exactly what Commissioner Gering was alluding to, in that this Agreement should be no
different. He said that Town Police would likely be at the park more often than the Sheriff's
deputies because they were right there, but they had removed the language about any
coordination because they had not wanted to create a false impression that it was a joint effort.
Mr. Peterson said it was the Sheriff's responsibility and they were the primary service, but the
Town would cooperate with them. He said County staff had wanted some language that the
Town would assist, but if Commissioner Gering's point was if that language could be eliminated
and not make any difference, the answer was probably yes.
8:30:55 PM Commissioner Gering said the wording in the Agreement actually went a little
further than what Mr. Peterson had described in terms of the informal arrangement they had had
for quite some time. Ms. Hauth said there was actually a minor amendment to that language that
came after the packets had gone out because the County Commissioners had met after those
packets had been prepared. She said in paragraph 3.b., the second to the last line, the language
"coordinate and" was removed just before the language "cooperate in a ..." so that it read "...the
Town Police Department will cooperate in a coordinated public safety response for emergency
calls at the park." She said added further clarify that the primary responsibility was with the
Sheriffs Department.
8:31:39 PM Commissioner Gering asked what about the statement just prior to that language
in 3.a. that said "It is anticipated that over time the Town and County will review response to
calls in the park and make adjustments to responsibilities as needed and prudent." He said he
believed they had a great relationship with the Sheriff's Department and they were doing the
most responsible thing, but he was worried that the Town was committing itself to more than
what they might think at this moment or to something more than what they would do for any
other property that surrounded Hillsborough. And, he said, he did not think they should.
8:32:23 PM Commissioner Lowen said realistically with that park being physically located
where it was which was just a block or so from the Town's Police substation, if someone called
911 with a problem in the park the Town's Police would be there much faster than the County
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Sheriff. He said he did not know if that was part of the thinking in adding the language about
making adjustments as needed. Commissioner Lowen said he was not suggesting that by saying
that that the Town would always be responsible for what went on at the park.
Commissioner Lowen remarked that he had received an email from a County official saying that
during construction materials were being stolen and had asked that the Town step up its patrols
of the park even that it was not yet opened. He said he understood that the Town's Police force
was doing that. Acting Chief Trimmer stated they were conducting patrols of the park along
with the Sheriff's Department.
8:33:21 PM Commissioner Gering said what he believed would be more useful for
Hillsborough and the County would be to have a more general agreement that spelled out the
same terms for a lot of areas other than just this park. He said he did not know why they needed
to go above and beyond for just this park, noting they already had a working relationship with
the County and if they needed an agreement about those things then they should work to have a
separate agreement that was not a part of the park agreement. Mr. Peterson said they could
likely eliminate that language and it would not make a great deal of difference.
8:34:14 PM Commissioner Gering said he would like to see that language removed. He said
his last issue was why they wanted to commit themselves to considering annexation periodically
as noted in Section 4.
Commissioner Dancy said that appeared to be the County's way of getting rid of the park.
Commissioner Gering agreed, so he did not think that language should be in the Agreement.
Commissioner Hallman agreed, noting the language also said that the Town would have to notify
the County in advance with any intent to annex, so the language did nothing.
Commissioner Gering said that was correct; it simply allowed the County to continue to put the
issue on their joint agenda because the Town, with that language, would have agreed to continue
to consider it.
8:35:01 PM Commissioner Lowen said then Commissioner Gering was suggesting that they
strike that language as well. Commissioner Gering said that was correct, so they would remove
all of the language in Section 3 concerning public safety coverage for the park, all of Section 4
regarding consideration of annexation, as well as Section 2.a. regarding the Town's contribution
for operating expenses. He said he believed the Town was already giving a great deal by
providing free water and sewer service as outlined in Section 2.b, which was not an insignificant
amount.
Commissioner Lloyd asked if the substation was on County land. Ms. Hauth said once the
Interlocal Agreement was approved the County would be giving the Town the one acre of land
that the substation was on. Commissioner Lloyd said it was her understanding that the Town
Police forces could legally go only one mile into an extraterritorial area, so if the Police were
chasing someone who went into the park more than one mile then they would have to abandon
the chase. She said she believed that should be pointed out.
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8:37:31 PM Mayor Stevens said Commissioner Gering's suggestion was striking Sections 3
and 4 as well as 2.a. He said for the Board's opinion on that.
Commissioner Lloyd said she did not believe they would strike Section 2.a. because the funds
were already budgeted.
Commissioner Gering said that was of no consequence; the Board could amend its budget at will.
Mr. Peterson said there was nothing that would prevent the Board from amending its budget.
Commissioner Lloyd said she believed the Town had promised the County to share in the
operating costs of that park. Mr. Peterson said as a legal question, the Board could pull Section
2.a. out of the Agreement. But, he said, politically and policy -wise there would be fallout.
8:38:30 PM Commissioner Gering said the Board could either vote on the amended version of
the Agreement now or table it until they got more information.
Commissioner Lowen said he would like to look at the history of how they had gotten to this
point, noting he did not remember when or how they had arrived at that $30,000 figure and it
may have been discussed only among staff. He said if it could be determined how that came
about then he may want to support it. Commissioner Lowen said if that could not be determined,
then he would be in favor of discussing lowering the amount of the contribution.
8:39:111 PM Commissioner Dancy said she believed they should table it and get more
information. Mr. Peterson pointed out that the Board could envision what might happen
politically, noting there was a good chance it may appear that the Town was stonewalling and
delaying the opening of the park. He said the other issue was they had a Wayfinding signage
program and the County had similarly obligated to pay $48,000 towards that program. Mr.
Peterson said they were not legally obligated to pay that money, and it would be very predictable
to say that if the Town was not willing to help fund the operating costs of the park then the
County would not participate in funding the Wayfinding program. He said he was not saying
that the Board should not ask those questions and get a better understanding, but his concern was
the Town would unnecessarily take a beating if they tried to withdraw the funding for the park.
Mr. Peterson said he did not like it but it was what they had believed they needed to do and had
felt that it was what needed to be negotiated with the County. He said regarding the land swap,
he did not want that to be equal because if they took another 25 acres then that placed a heavier
burden on Public Works staff for maintenance.
8:40:47 PM Commissioner Gering said equal value did not mean that it had to be equal
acreage. He said if some value was assigned to the property then the Town could be
compensated in other ways, and that was the balancing he had referred to.
Commissioner Hallman said one thing they might want to consider when they took it up again
was reducing the amount and the term of the contribution, noting that might make it more
palatable.
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Commissioner Lowen said that was a good point, and Commissioner Gering agreed.
Commissioner Hallman said that Mr. Peterson had made a good point about the County's
contribution to the Wayfinding program, adding there were multiple ramifications that could
come from the Town's decision that they needed to think about before acting. He said the
County was certainly aware that the negotiation was for $30,000 annually, and he would not
want the County to take some action that penalized the Town.
8:41:58 PM Mayor Stevens said he certainly believed they were looking at the Agreement in a
much different light than they had previously, and agreed they needed to table it and take another
look and get some questions answered.
Commissioner Dancy said she would agree to tabling it, but not for too long. She said she would
not like to delay the opening of the park, but wanted to see if the Town Clerk could find
information in the record as to whether or not any resolution had been adopted pertaining to the
issues brought up tonight. Ms. Armbrister stated she would search the records this week.
Commissioner Dancy suggested then they should talk about this briefly at the workshop on
October 25
8:42:43 PM Commissioner Gering asked was there anything in the Agreement that was
preventing the park from being completed and opened.
Commissioner Lowen responded perhaps not now, but he would bet that if the Town decided not
to sign the Interlocal Agreement that included the operating contribution that the County would
say they did not have an operating agreement with the Town so they would not open the park.
Ms. Hauth said she believed the land ownership was the primary issue, because at this point it
was a liability issue if someone was hurt at the park once it opened.
8:43:04 PM Commissioner Gering said then perhaps they should separate out some of the
issues in the Agreement. He said they needed to agree on what was needed to get the park
opened and do that, noting that the land swap was not a deal breaker for him. Commissioner
Gering said he would like to see the value of the property balanced with some other
compensation, but if that was what was holding up the opening then he would not protest moving
forward with that land swap.
Commissioner Lowen said then they could adopt the remainder of the Agreement tonight,
without those sections already noted.
8:44:00 PM Commissioner Lloyd said she wanted to be sure that the land the substation was
on would not be put in jeopardy.
Commissioner Gering said that Section 1.a.i. conveyed that one acre of land to the Town. He
said he saw nothing in the "Whereas" statements that was of concern.
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Commissioner Hallman suggested they wait until the workshop on October 25 to consider
adopting the Agreement. Ms. Hauth remarked she was not aware of a deadline so that should be
acceptable.
8:45:07 PM Mayor Stevens said he believed there was a consensus to table consideration of
the Interlocal Agreement unit the workshop. There was no objection from the Board.
Mr. Peterson said he wanted to make sure he understood what staff should do between now and
the workshop. He said it was proposed that they eliminate Sections 3 and 4, and that in Section
2.a regarding operating expenses they wanted to see the proposed maintenance budget for the
park for the current fiscal year and for future years so that they could see what amount of money
was going into that. Mr. Peterson said then the Board could continue deliberations to determine
what if anything they wanted to do.
8:45:42 PM Commissioner Gering said as well, they wanted to see if there was some record of
what was actually agreed on as far as the $30,000 contribution towards operating expenses, such
as a discussion or a resolution the Board might have adopted. He also asked that staff structure
the Agreement into two Interlocal Agreements, one that could be acted on immediately and one
that could be deliberated on more fully.
Commissioner Hallman asked if there should actually be three, so that the issue of public safety
at the park in regards to the Sheriff's Department and the Town's Police Department would be
separated out and put in more general terms.
Commissioner Gering said he would agree with that because he would like to discuss that in
more detail. He said he would also like to hear from Acting Chief Trimmer if it would be useful
to have a more general agreement with the County and the Sheriff's Department in regards to the
Town's cooperation and mutual aid that was not specific to this park.
8:46:43 PM Mr. Peterson asked was he suggesting getting more information on how the
mutual aid agreement with the County worked.
Commissioner Gering replied yes, in light of his suggestion that they remove Section 3 from the
Agreement because otherwise it was business as usual for them. He said business as usual was
something that was either covered by existing agreements or was not but would benefit by being
covered by such an agreement put in place. Commissioner Gering said in any case, he would
like to see Section 3 removed from the Agreement.
8:47:25 PM
Town.
Mayor Stevens asked was the concern that leaving it in somehow obligated the
Commissioner Gering said the language suggested it was somehow unique, and he did not
believe it should be spelled out in the Agreement and made unique.
Commissioner Hallman said would the same issue be true at Riverwalk.
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Commissioner Gering responded yes, asking why they should have separate agreements that
were only slightly different when the way they were operating was with an understanding that
was the same understanding for other things without the different variations. He said it seemed
unduly messy to him, and believed the wording in the Agreement in Section 3 went beyond what
he had understood the Town's working relationship was.
8:48:14 PM Mayor Stevens said taking out Section 3 would simplify the Agreement, noting
that mutual aid was something that affected other issues and agreed they needed to have some
general language in an agreement that covered all those contingencies. He said in regards to
Section 4 on Annexation, it really did not commit the Town to anything.
Commissioner Hallman said as far as Section 6 regarding the terms of the Agreement, that could
be discussed when the issue came back.
8:48:51 PM Commissioner Dancy said she believed the Police Department had a working and
operational agreement with the Sheriff's Department, and suggested that could be attached to any
such issues that came along so that it would streamline the process. Acting Chief Trimmer said
normally a mutual aid agreement would say that if situations happened within the Town but the
Sheriff's Department arrived first then they were allowed to take the necessary actions, and the
same was true in the Town's ETJ. He said outside of Town and outside the ETJ, the Town
would not respond in any case. Acting Chief Trimmer said the only thing in Section 3 that was
not 100% business as usual was the second sentence under 3.a. where it mentioned that over time
the Town and the County would review response to calls and make adjustments if needed. He
said that would be a normal thing if there was a section of the County that they both responded to
on a regular basis, but at present that was not the case. Acting Chief Trimmer said he believed
that Fairview Park would be unique if both agencies would be responding on a regular basis. He
said if something happened in the park, they would respond depending on how the call was
dispatched, noting that if it was dispatched on the County channel then it would not come to
Hillsborough unless the County requested that the Town respond. Acting Chief Trimmer said if
the call was dispatched over both channels, then the Town would respond and would get there
first. He said he believed the Fairview Park would be a unique circumstance in that there was no
other area he knew of where they would have that kind of shared response.
8:50:58 PM Mr. Hornik said the issue was that the Police substation was right at the park.
Acting Police Chief Davis Trimmer agreed.
Mr. Peterson asked for direction from the Board in regards to the land swap and the issue of
equal value.
Commissioner Gering said he was giving up on that issue because it appeared it was not an issue
for other Board members.
8:51:21 PM Mayor Stevens said the other thing they could possibly look at once they dealt
with Sections 3 and 4 was the term of the Agreement, and consider possibly committing only for
one or two years before the Agreement was revisited, including the costs.
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Commissioner Gering said anyone that was concerned that the Board had not adopted the
Interlocal Agreement tonight should know that the Board saw the Agreement for the first time on
Friday, and he did not want to feel rushed to do something. He said he also did not want it to
appear the Town was punishing the County or the people in the Fairview community because the
Board had not adopted the Agreement tonight essentially two business days after receipt.
E. Consider Adopting a Resolution formalizing the names of existing Town Parks
8:53:16 PM Ms. Hauth said there had been a request from a family member related to one of
the parks requesting documentation of the Town's actions related to how the park was named for
their family member. She said that had provided the opportunity to formally name all of the
Town's existing parks while providing the known history of how those names came to be. Ms.
Hauth said the packet contained a resolution that would formalize the names of existing Town
parks.
8:54:00 PM Upon a motion by Commissioner Lloyd, seconded by Commissioner Hallman, the
Board moved to approve the resolution formalizing the names of existing Town parks by a vote
of 5 -0. The motion was declared passed.
F. Consider Adopting the Parking Plan and provide direction to staff on next steps
8:54:37 PM Ms. Hauth said at the last Board meeting they had received a presentation
regarding the Park Plan and staff had crafted a resolution for the Board's consideration that
would formally adopt the Parking Plan as a document, allowing staff to move forward in
working on some of the recommendations. She said as well staff wanted to ask for specific
direction from the Board on a few of the implementation items.
Ms. Hauth said the one carryover item from the workshop was the parking spaces on North
Churton across from the Annex, noting a request had been made by a citizen to return the
parking spaces that had been removed in front of Clements Funeral Home. She said those spaces
had been removed and the curb painted yellow because they were unable to determine that those
were documented parking spaces in the Town Code. Ms. Hauth said they certainly intended to
allow Clements to continue parking there during services and they could repaint the curb if the
Board chose to do that. She said they had measured the space at between 40 and 41 feet, so it
was extremely tight to try to put four parking spaces in that space. Ms. Hauth said they could put
the spaces back, but did not believe it was a good idea because the curb lines were parallel and
the space was tight.
8:56:15 PM Mayor Stevens agreed, noting that it was tight at that intersection for people
turning left. Ms. Hauth said they could put the spaces back should the Board want to do that;
otherwise they would leave it as is and encourage the Funeral Home to make use of that space
when necessary.
Commissioner Gering said he would like to add to the recommendation allowing only two of the
designated parking spaces on Court Street, adding that he had noticed that the four signs
remained that reserved those spaces for the County. Ms. Hauth said the letter to the County
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October 11, 2010 Regular Board Meeting
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regarding reducing the spaces to two had not yet been sent due to the research necessary to
determine who the spaces would be designated for. She said there was one parallel space
marked for the Magistrate, one for the Court Reporter and the other two for Court Personnel.
Ms. Hauth said that letter would be sent and only two of those spaces would remain.
8:57:19 PM Commissioner Lloyd said she wanted to make very sure that one of those spaces
would be designated for the Magistrate.
Commissioner Gering asked why it was some important that one should be reserved for the
Magistrate's use only. Commissioner Lloyd said because the Magistrate had to come to
Hillsborough at odd times, noting that particularly if he was called on to come over during
visitation days at the jail the chances were very good that a visitor to the jail would park there
unless it was clearly reserved.
Commissioner Gering said he had asked because previously they had talked about the Magistrate
having to report to the jail during the night, but had not realized he would also be reporting
during normal business hours.
8:58:28 PM Acting Chief Trimmer said in regards to the other three Court spaces on Court
Street, one was for the Court Reporter but the other two were essentially for the Superior Court
judges. He said those judges had offices in that building and they of course needed access to
those offices. Acting Chief Trimmer said the Court Reporter had equipment that had to be
transported, so a parking space was essential. He said in terms of the Magistrate's parking spot,
he agreed with Commissioner Lloyd that he had to have close access to the jail and his office no
matter the time or the day.
8:59:28 PM Commissioner Gering remarked that there were others who worked in that
building who did not have designated parking spaces. Acting Chief Trimmer said he was
unaware of who the others were that had offices in that location.
Commissioner Lloyd commented they should leave the reserved spaces for the Superior Court
judges. She said she did not want it to appear they were "after" anyone.
Commissioner Gering said that was not his intent.
9:00:06 PM Commissioner Lloyd said she did not want to see those parking spaces removed,
noting that Court Street was called Court Street for a reason. She said the persons parking in
those spaces had nothing to do with the squabbles between the County and the Town.
Commissioner Lloyd said if two of the spaces were removed, she would not protest as long as
one was designated for the Magistrate.
Commissioner Lowen said he would be happier with all four being left where they were.
Commissioner Lloyd said she would was well.
Mayor Stevens said whether it was four spaces or two spaces it was a substantive issue that
needed to be determined. He asked what direction Ms. Hauth needed. Ms. Hauth replied
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October 11, 2010 Regular Board Meeting
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direction to the Police Department in regards to what the Board wanted to do in terms of
enforcement, and then direction to Planning staff regarding moving ahead with design in the
Bank of America lot. She said there were improvements funded and there was Planning money
in the current budget to move ahead with that if the Board so desired.
9:01:19 PM Commissioner Hallman said if the Town paid for all the planning costs for that,
did they know that the Bank of America would participate. Ms. Hauth said that was not known,
but they could talk about that in their discussions with Bank of America, as they would need
their cooperation to do the redesign because they would basically be turning around the Bank's
drive -thru. Commissioner Hallman said he was just wondering if their response would be
"absolutely not" and if so why waste the money for planning. Ms. Hauth said the way the
agreement with the Bank was worded it was the Town's responsibility and the Town would bear
the cost. So, she said, she was not anticipating that Bank of America would participate in
sharing any costs. Commissioner Hallman said his point was if the Bank was not going to
support the redesign then why waste the money. Ms. Hauth said she could contact the Bank and
get a tentative idea of how well they would receive a redesign.
9:02:171 PM Mr. Hornik asked how many years was left on the Town's agreement with Bank
of America. Ms. Hauth said the agreement was a five -year agreement and they were between
one and two years into it. She said they could have a preliminary meeting with the Bank and talk
through the plans, then determine their reaction.
9:02:46 PM Mayor Stevens said moving forward after that, they needed to be sure and notify
people as much as possible, particularly the nearby businesses that depended on that lot for its
customers. He said as far as enforcement, did it make sense to move towards some consistent
enforcement and letting the public know that the enforcement would be beginning by making
announcements. Acting Police Trimmer said the big question for the Police Department was
when did the Board want that enforcement to begin, noting it would be their recommendation to
give them at least a two -week period where they were not issuing tickets but issuing warning
flyers instead so that people would become accustomed to the changes soon to come. He said
the flyer would have blanks that could be filled in that would say something like "your vehicle
was parked in this location beyond the three -hour limit on November 3" or something of that
nature, and that on a particular date the Police Department would begin issuing tickets which
would carry a fine of $10 by ordinance.
Acting Chief Trimmer said telling citizens what the active date would be and what the fine
would be would provide them time to get use to the enforcement, and would give the Town time
to get out an announcement to the newspaper. He said they would need only for the Board to
give them the start date, and then allow two weeks to issue the warning flyers before
enforcement formally began.
9:04:391 PM Mayor Stevens asked Acting Chief Trimmer if November 3 was the date he was
suggesting. Acting Chief Trimmer replied he had used that date as an example only.
Mr. Peterson suggested using November 15 since it was on a Monday and the middle of the
month.
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Mayor Stevens agreed that was a logical start date.
October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
9:05:09 PM Commissioner Lowen said he believed that was a Traffic Court day and would be
a day when they would likely have the most offenders. He said they would then be on notice that
the Town was going to begin enforcement that would carry a fine. Acting Chief Trimmer said
that people attending Traffic Court were normally in and out within three hours, noting the Court
was packed in the mornings but those people were normally gone within a couple of hours.
Mayor Stevens said the Police could begin using the warning flyers on Monday, November 1.
Acting Chief Trimmer said they would definitely begin using the warning flyers by the end of
the month, no later than November 1, and he would work with the new Chief to work out the
details of Traffic Court.
Ms. Hauth reminded the Board there was a resolution to be considered for adoption.
9:05:59 PM Commissioner Hallman asked if she needed the Board's input on the
implementation schedule. Ms. Hauth said no, that she had included it only for reference so that
the Board would know what they were looking at. She said they would work the pieces of the
Plan into the work plan of her department and other departments as relevant.
9:06:27 PM Upon a motion by Commissioner Hallman, seconded by Commissioner Gering,
the Board moved to approve the Parking Plan by a vote of 5 -0. The motion was declared passed.
G. Receive request for future workshop agenda time regarding potential Business Park
proposal
9:06:54 PM Mark Moser stated he represented Legacy Development Group who wanted to
pursue a business park which would be located at the intersection of Old NC 86 and I -40 in the
southwest quadrant. He said he hoped the Board would see this as an opportunity for economic
development that could be pursued to fulfill some of those needs.
Mr. Moser said as citizens of Orange County they wanted to help the commercial tax base and
believed they had a product that would have some demand, noting that the location they had
chosen had been earmarked for economic development and was in fact zoned as an Economic
Development District. He said he was very aware of Hillsborough's new UDO, and wanted to
submit this project sometime after the first of the year under the regulations outlined in that
UDO. Mr. Moser said they would absolutely ask for voluntary annexation, and utilities would be
brought down from Waterstone.
Mr. Moser said that Mr. Keel and Ms. Hauth had already begun discussions with him to explore
how to extend those utilities and how to service the business park, so there was a lot of moving
pieces that would need to come together in the next 30 to 60 days. He said at this time he wanted
to ask the Board if this issue could be placed on a future workshop agenda so that they could
discuss the plans in greater detail, noting there was a lot he wanted to accomplish before they
started any kind of submission process under the new UDO. Mr. Moser said in addition, it
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October 11, 2010 Regular Board Meeting
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would be helpful to have some public information meetings for citizens of Hillsborough between
now and January to talk about the prospects they were pursing that would hopefully be a part of
the park as well as some of the details of how the park would be built and what their best
practices would be.
9:11:32 PM Commissioner Lowen commented "bring it on." Mr. Moser said he very much
appreciated that.
Mayor Stevens asked would he be available for the November workshop. Mr. Moser responded
that would be his preference. He said in the meantime perhaps they could move forward with at
least one public information meeting and invite anyone who had an interest to attend.
Commissioner Gering said he assumed that Mr. Moser was familiar with the former plans that
did not materialize for a waste transfer station in that area. He said he hoped Mr. Moser had seen
the records regarding public input and the Board's recommendations to the County on that,
because all of that would come back up. Mr. Moser said he believed it would as well.
9:12:53 PM Mayor Stevens said he believed people would be very interested in the plans. He
said the Town would view such a project as complimentary to Waterstone, adding that
transportation would certainly be an issue. Mr. Moser said in this day and age if you were going
to do a project then you had to think about how to do it right and how to do it smart.
9:13:15 PM Ms. Hauth stated that the workshop was scheduled for November 22, which was
Thanksgiving week.
H. Discussion of the implementation schedule for the Wayfinding Signage program
9:13:36 PM Ms. Hauth said they had received notice last week that the Town had not received
the Preserve America grant, but had been told that they anticipated funding to be available next
fiscal year which they had not necessarily thought would be possible. She said they had gotten
comments back on their grant application, and to sum up the comments they must not have done
a good job of showing how that plan fit into all of their other efforts. Ms. Hauth said the two
comments that had struck her was that it was not clear that there was an overall tourism plan or
that there was an overall preservation effort or plan, which said to her that perhaps they were a
little too close to it and did not do a good job of writing it to make their argument. She said they
would keep that in mind and keep an eye out for the next round of funding unless they decided to
move forward with a different funding program.
Ms. Hauth said she had copied the information from Mr. Peterson's email into the agenda packet
so that the Board would have it in hand. She said she had commented to Mr. Peterson that this
would work much better if Ms. Trueblood was not away on maternity leave since she was the
most well- versed in the all the nuances of the Wayfinding program. Ms. Hauth said delaying it
until Ms. Trueblood returned to work would actually save them from spending any funds in FY
2011 or having to borrow a large sum of money to proceed in 2011. She said if they encumbered
the funds during the current year's budget it actually put them not spending any new money until
2014 while still moving forward on design, fabrication, and installation.
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October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
9:15:58 PM Commissioner Dancy suggested they take Ms. Hauth's suggestion and wait until
Ms. Trueblood returned.
Mayor Stevens agreed they should heed the staff recommendation. Ms. Hauth said once Ms.
Trueblood returned they could charge ahead with the program. Mayor Stevens agreed that they
should charge ahead but in a smart way, noting that the Wayfinding program was a very
important project for economic development, tourism, and the quality of life for their citizens.
He said they needed to keep it moving forward, and there may be a future opportunity to obtain a
grant. Ms. Hauth said they would keep an eye on when the next round of funding would come,
noting it would obviously be tied to congressional appropriations.
9:16:49 PM Mr. Peterson said the Board may have noticed during their recent visit to
Asheville that that city's Wayfinding signs were peeling and coming apart. Ms. Hauth said if
anyone had been on MLK Boulevard in Chapel Hill recently just below Weaver Dairy Road, it
was unfortunate that the UNC colors were light blue and white because their Wayfinding signs
which were the same color were very difficult to read.
9:17:37 PM Commissioner Hallman said one thing he had noticed about Asheville's signs was
they had used the back of the signs as well.
Mayor Stevens said then he assumed they would wait and move forward after Ms. Trueblood
returned from maternity leave. Ms. Hauth said she would take that as direction.
Commissioner Gering said the suggestion about using an accommodations tax to help fund the
Wayfinding program was an excellent idea, but however it was funded, given the economic
climate it was important to find ways to do it without raising taxes, such as delaying it, using
encumbered funds, or using other revenue sources. Mr. Peterson said as far as the local bill, they
had determined using the established format was the best way to go.
9:19:14 PM Mr. Hornik said they had researched the number of local bills regarding an
accommodations tax that had been adopted over the last five or six years, and believed every one
of those bills was essentially the same. So, he said, it appeared that was what the legislature was
willing to do. He said he and Mr. Peterson had discussed it and determined if that was what
worked then that was the format they needed to use.
Mr. Peterson said the downside was they would have to have in addition to the Tourism Board an
accommodations tax board or whatever they decided to call it. He said it would be June before
the bill was adopted and that would provide time for the Town to contact hotel /motel owners to
tell them what the Town was doing but that nothing would happen immediately. Mr. Peterson
said it was enabling legislation that would allow the Town to collect the tax, but they would still
have decisions that would need to be made including how a board would be set up and other
issues. He said that up to 33% of the tax could be used for capital items.
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October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
9:20:25 PM Mr. Peterson said that other local governments that had done this had chosen to
wait a couple of years to spend any of the revenue so they could accumulate a critical mass of
funds. But, he said, those were discussions the Board did not have to have until a later time.
I. Receive requested information on Interlocal Agreements
9:21:04 PM Commissioner Gering thanked Ms. Ard for the information she had provided at
his request, noting he recognized it had taken a lot of work. He said he had been surprised to see
just how much work they had together with the County. Commissioner Gering said a couple of
them stood out to him, noting that what had prompted his request was that for some of the
services they relied on the County for, shouldn't there be a way for the Town to be included in
the feedback loop for how those services were being provided to what were essentially the
Town's constituents. Commissioner Gering said that way they would know what problems
occurred, know what was working well, know where attention needed to be paid, and basically
become more proactive. He said one area of concern to him was economic development, and
others were stormwater contracts, tax collection, and transit. Commissioner Gering said those
were all customer -based services and the Town should be paying close attention to them.
9:22:53 PM Commissioner Gering said he did not know what the answers might be, but it was
something that the Board should have a future discussion on. He said if they were going to have
a meaningful effect on people coming to Hillsborough, then they needed to become more aware
of the services being provided to the Town's citizens and how well the County was representing
the Town.
Mayor Stevens asked was there some part of that that would be relevant for discussion with the
County Manager. Commissioner Gering said there might be.
Mayor Stevens said he had looked at some of the things holistically and then how they would
interface with citizens. He said his question would be how to get that information.
9:23:55 PM Commissioner Lloyd said she would definitely like to look into the Stormwater
contract, and possibly discuss it at the retreat. Commissioner Gering agreed, noting he had not
been aware that they were paying $80,700 annually for a stormwater contract.
Mayor Stevens said he had intended to raise that issue as well. Mr. Peterson said late in the
summer he had produced a 2 -page memo that talked about what staff would be looking at to see
what they could take on and run themselves more efficiently as a team. He said what they were
working towards was trying to identify any gaps or how to make improvements where needed,
including how to improve in general. Mr. Peterson said one of the ideas, which Ms. Hauth had
offered and one that they were considering, was the possibility of taking on the stormwater
service in- house. He said he believed that having that discussion at the retreat would give staff
enough time to get the UDO basically finished and then do a thoughtful analysis of how they
would operate that program if they were to end the contract with the County, what were the
mechanics of it, and then do a basic cost/benefit analysis. Mr. Peterson said in addition to the
$80,700 in immediate savings, there were a fair amount of fees for the inspections that took place
Page 30 of 84
in the field. He said they would need to figure out what they were talking about in terms of
dollars and what the benefits would be.
October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
9:26:02 PM Mr. Peterson said that Ms. Hauth had identified that County staff had been good
working with Town staff doing those inspections. He said the idea was appealing, but the devil
was in the details. He said they would have to figure out exactly what they were facing before
any additional discussions took place. Mr. Peterson said having that discussion at the retreat
would give them the time to work out some of the details and answer the questions that had been
identified.
9:26:31 PM Mayor Stevens said they would be happy to get that $80,700 back each year, but
it did sound as if there were a lot of details that would need to be considered. Mr. Peterson said
they were always looking for a better way to do business, and this may or may not be one of
them. He said they would not know until they got into the details and let the County Manager
know it was something the Town was interested in exploring. Mr. Petersons said the Town was
paid up through the end of the fiscal year, so if they decided to make a change they would want
to provide sufficient notice on both sides to make sure no one was inconvenienced. He said the
County had been a very good partner in this respect as well as others, and he would not want to
damage that.
9:27:36 PM Mayor Stevens said then that was how they would proceed, noting they would
expect to see this issue on the retreat agenda so that the Board could weigh options and consider
alternatives.
J. Consideration of the NPDES /Soil and Erosion Control Interlocal Agreement
This Item was tabled for further discussion at the Town Board Retreat.
K. Consideration of Contract with Kimley -Horn and Associates, Inc. to perform
engineering services for pavement resurfacing
9:27:58 PM Ms. Ard said this issue was supposed to have been on the Consent Agenda, but
they had realized that the Board did not actually have to approve it now. But, she said, they were
asking that the Board approve the contract so they could move forward with pavement
resurfacing. She said the contract would authorize Kimley -Horn and Associates to prepare bid
documents and conduct field evaluation and construction services including monitoring of
paving operations. Ms. Ard said the list of proposed roads was including the budget, but they
had added three additional roads that they would like to have considered because of the condition
of those roads.
9:28:59 PM Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the
Board moved to approve the contract with Kimley -Horn and Associates, Inc. to perform
engineering services of pavement resurfacing by a vote of 5 -0. The motion was declared passed.
L. Discussion of Paperless Agenda Proposal
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October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
9:29:16 PM Town Clerk/Director of Administration and Human Resources Donna Armbrister
stated that the packet included a proposal for a paperless agenda process. She said she would ask
that after their discussion that the Board provide her with some direction as to their level of
commitment to the proposal.
9:30:00 PM Commissioner Gering said he did not quite understand why they had to do it all
one way or the other. Ms. Armbrister said basically it was because of staff time. Commissioner
Gering said he was curious because the copier used to produce the agenda packets had the option
to save what was copied onto a network disc that you could then print from. He asked what the
difference was between scanning and then printing. Ms. Armbrister said she could easily
provide the entire packet as one pdf document, but the packet tonight was approximately 420
pages, and wondered if the Board was willing to scroll through that many pages during a Board
meeting. Ms. Armbrister said she would envision a process where the packet was provided on
the Website where there would be links provided from the agenda item directly to that agenda
attachment. She said if they would rather have the one pdf document that was easily
accomplished.
9:31:12 PM Commissioner Gering asked was she saying that if they had repeat attachments
that sending them through the Town printer was a lot of work. Ms. Armbrister said it would be
complicated.
Commissioner Hallman said he would much rather get the packet electronically than killing
trees. He said he was very much in favor of a paperless agenda.
Commissioner Gering asked would it save Ms. Armbrister time if the packet was all electronic.
Ms. Armbrister said yes, once the process was in place and the bugs worked out. She said right
now, her goal was to get the Board the agendas on Wednesdays before a Monday night meeting,
noting that rarely happened now. Ms. Armbrister said when she was copying the packets on
Friday morning she was still having things handed to her to be included in the packet. She said
her point was that they had to make some adjustments, which could be holding staff to a deadline
and if they missed it then their item did not make the agenda. Ms. Armbrister said the problem
was they could not really make that demand because the Board had issues it wanted to discuss
and items that needed to be dealt with in a timely manner, so it would take some work to iron out
a system. She said hopefully by providing the packets electronically they would get them done
in a more timely fashion. Commissioner Gering said he was willing to try it.
9:33:10 PM Commissioner Lloyd said she was willing to try it as well, and asked when the
system was being proposed to be put into effect. Ms. Armbrister said by the time they purchased
the equipment, the process was determined, and the Town Board equipped with wireless Internet,
that start date could possibly be January 1.
Mayor Stevens said because there would be wireless service they would be picking it up from the
Town's server rather than just downloading documents, which made better sense. Ms.
Armbrister stated that would allow the entire packet to be available on the Website to the public,
which was one of the Board's goals.
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9:34:34 PM Mr. Peterson stated that the Town would provide a laptop or iPad to any Board
member who needed one, and that equipment would remain Town property. He said ultimately
the savings of the new system would quickly pay the cost of that equipment.
The Board members briefly discussed the use of an iPad versus a laptop and the advantages each
would provide as well as what would be most convenient. Mr. Peterson asked each Board
member to contact Ms. Armbrister with their preference and staff would begin research on
obtaining that equipment.
9:39:17 PM Ms. Armbrister confirmed that the Board was in agreement to begin the new
process on January 1.
Commissioner Lowen suggested they begin with the January workshop agenda because
workshop agendas were much smaller than regular meeting agendas. The Board agreed by
consensus.
M. Discuss "Hot Topics" for the October 25, 2010 Monthly Workshop
October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
9:40:13 PM Mr. Peterson stated that on the agenda for the workshop was a discussion of the
annual performance report, or the Balanced Scorecard results, and the FY 2010 citizen survey
results. He said the discussion should focus on whether they were achieving the desired results,
and if not what they needed to do differently. Mr. Peterson said also scheduled was an update on
the UDO, and tonight the Board had included a discussion on the Fairview Park Interlocal
Agreement.
Commissioner Lloyd asked about Ethics training. Mr. Peterson replied that would be on the
November regular meeting agenda.
Ms. Hauth noted that last month Commissioner Hallman had requested that Triangle Transit staff
come and make a report, and they were prepared to do that at the Workshop. Or, she said, they
could reschedule to November.
9:41:15 PM Commissioner Hallman said he had wanted to have them provide a report before
the NCDOT one -on -one meetings at the end of the month. He said those meetings would be at
the Durham City Hall, and requested that Ms. Hauth or other staff attend. Ms. Hauth agreed,
noting in the past too many staff had been discouraged from attending.
Commissioner Hallman said the reason he had requested that Triangle Transit staff make a report
was that he was trying to align the Town's Rail Station Task Force goals with what Triangle
Transit was doing with their passenger rail planning. Ms. Hauth said that since the document
Triangle Transit staff was working on was not yet complete she did not know if this would be the
right time. Commissioner Hallman said that Triangle Transit had assured the Town that they
would be included in the model even though it would not be officially, and he wanted them to be
aware of what the Town was doing and that the report included the Town in some manner.
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9:43:08 PM Mayor Stevens said it sounded like it would be beneficial to have that face -to -face
relationship. Ms. Hauth said since Triangle Transit staff had already agreed to come then
perhaps they should include that on the workshop agenda. Mayor Stevens asked did they have
an estimate of the time needed for that report, suggesting about 20 minutes.
Commissioner Hallman asked how much time was needed for the UDO. Ms. Hauth said that
would be the Board's opportunity to see the entire document, noting the Planning Board would
get that document at its meeting next week. She said it was her intent to walk through the
document with the Town Board and provide the feedback from the Planning Board, then collect
feedback from the Town Board so that they could get the document to a point that they were
ready for public hearings. Ms. Hauth said it was her hope that the UDO would be ready for
adoption as scheduled in January.
Ms. Hauth said as a preview to the November workshop, Mark Moser would be coming back
with additional information on the proposed Business Park and the Board had previously
requested a discussion on Waterstone land use planning. She said that Waterstone
representatives were scheduled to come in October but had not been ready, so they were
rescheduled for the November workshop.
9:45:25 PM Commissioner Gering said unfortunately for him he would be unable to attend the
October workshop, so he would like to get the information for Fairview Park beforehand. He
requested that if the Board agreed, he would like to postpone any vote on that until their
November meeting so that he would be able to participate. Mr. Peterson said two weeks may not
be enough time to get the information ready, so it may be that it would have to be put off until
November for discussion.
Other:
October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
9:46:25 PM Commissioner Lloyd said based on citizen complaints, she was asking why it was
necessary to have a stop sign at Orange Grove Road as well as Union Street. She suggested
keeping the stop sign at Orange Grove Road and removing the one at Union Street, noting the
distance was too short to require two stops.
Commissioner Lowen asked if Commissioner Lloyd agreed with that. Commissioner Lloyd said
she did, noting she had talked with three or four citizens who had asked her that question.
Commissioner Gering asked was the problem that they did not like stopping. Commissioner
Lloyd said the issue was the noise it created and the fact that the distance between the two signs
was so brief. She said a couple of the citizens had reported witnessing near rear -end collisions,
and she had encouraged them to email the Town Board about their concerns. Commissioner
Lloyd asked had anyone received such an email.
9:47:36 PM Mr. Peterson responded he had received one.
Commissioner Hallman responded he had received one but the citizen had said positive things
about the signs.
Page 34 of 84
October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
Mayor Stevens asked what her solution would be. Commissioner Lloyd replied to remove the
stop sign at Union Street.
Commissioner Lowen asked if the concerns were coming from residents of the area or just
motorists passing by. Commissioner Lloyd said she was contacted by people who lived in that
area.
Commissioner Lowen commented it was very hard to please everyone, noting he remembered
when they had authorized that stop signs be installed in Beckett's Ridge, and when he passed
through that area he believed those signs were in weird locations. But, he said, the homeowners
association chose the locations and that was what they wanted. Commissioner Lowen said that
speed had been their concern and stop signs were the option chosen by the Town Board.
9:49:25 PM Commissioner Lloyd said vehicles were already stopping at Union Street to
access Cameron Street, and it just seemed redundant to stop again. Commissioner Hallman said
that was not inconsistent with the travel distance on the west side of Churton Street. He said if
you were traveling down Wake Street the stop sign placement was very similar.
Commissioner Hallman said in this case they were T- intersections. Commissioner Lloyd said
the one at Union was a T- intersection.
9:50:19 PM Mayor Stevens said he believed the Board could entertain looking into that but he
would like to determine how the neighborhood felt about it.
Commissioner Lowen said sometimes they received comments from a very few and once a
survey was done it was determined that the majority of the area did not favor a change.
Commissioner Lloyd said that last stop sign had been installed on Friday and that was when she
had begun to receive the complaints. She suggested that the Town needed someone designated
to receive such complaints. Mayor Stevens said the Board could encourage people who
contacted her about this issue to get together with their neighbors and approach the Board with a
proposal.
9:51:21 PM Commissioner Gering said along those lines, the Board could also say that three
or four months from now on a specific date that the Board would take a vote either for or against,
so between that time the Board would be happy to accept comments and proposals.
Commissioner Lloyd said she would alert those who had contacted her that the Board would
consider changes in April. Commissioner Hallman said it appeared they were hearing from
people who did not favor the additional stop sign but they were not motivated to call the Town to
complain.
Mayor Stevens said it appeared there was consensus among the Board to assess the situation in
April and see how it was working, and make a decision once citizens had had the opportunity to
comment.
Page 35 of 84
9:52:01 PM Commissioner Hallman asked could they use the reverse 911 system to do a
survey of that area. Mr. Peterson said he would have to think about the nuances of that, noting
that philosophically it should be used only for things of importance.
11. CLOSED SESSION
These items were heard out of order.
A. Closed Session as authorized by North Carolina General Statute Section 143 318.11
(a)(6) regarding Personnel Matters
B. Closed Session as authorized by North Carolina General Statute Section 143 - 318.11
(a)(3) regarding update on Legal Matter involving potential settlement agreement in
Hillsborough v The Vintage Auto Shoppe under Attorney - Client Privilege
9:52:53 PM Upon a motion by Commissioner Lowen, seconded by Commissioner Hallman,
the Board moved to enter into Closed Session by a vote of 5 -0. The motion was declared passed.
12. ADJOURN
Upon returning to Open Session, and upon a motion by Commissioner Lowen, seconded by
Commissioner Gering, the Board moved to proceed with the settlement agreement in
Hillsborough v The Vintage Auto Shoppe of $2,500 by December 31s for five years and if there
were no other violations during those five years, the remainder of the fine would be forgiven by a
vote of 5 -0. The motion was declared passed.
Upon a motion by Commissioner Lowen, seconded by Commissioner Gering, the Board moved
to adjourn the meeting at approximately 10:00 p.m. by a vote of 5 -0. The motion was declared
passed.
Respectfully submitted,
Donna F. Armbrister, MMC
Town Clerk
Page 36 of 84
October 11, 2010 Regular Board Meeting
Approved: November 8, 2010
TOWN OF HILLSBOROUGH, NORTH C 0 LINA
PROCLAMATION TO RECOGNIZE
OCTOBER 2010 AS
DOMESTIC VIOLENCE AWARENESS MONTH IN HILLSBOROUGH
WHEREAS, domestic violence is a pattern of coercion and control in an indnlate partner
relationship where one person uses violence to gain power and control over
their partner; and
WHEREAS,
WHEREAS,
WHEREAS,
NOW, THEREFORE, be it resolved that the Tow
October 2010 as Domestic Violence
encourages residents to show support
ce and to send the message we
end this violence.
This the 11d' day of October, 20
Page 37 of 84
ar
va
Tom Stcv
Proclamation #2(1101011 -5.0
domestic violence includes not only physical, but also mental abuse,
emotional abuse, financial abuse, isolation and sexual abuse; and
Family Violence Prevention Center of Orange County provided service
733 victirns of domestic violence during lam' 09-10; and
in North Carolina, according to statistics of the North Carolina Coalition.
Against Violence, there were 70 domestic violence murders between January
1, 2009 and December 30, 2009 and there have been 47 domestic violence
murders between January 1, 2010 and August 29, 2010; and
WHEREAS, according to the Women's Institute for Leadership Development for Human
Rights, high rates of poverty, poor education, limited job resources, language
harriers, and fear of deportation increases the difficulty in finding help and
support services for minority women; and
WHEREAS, prevention strategies involve collaborations by multiple partners and a
coordinated community response to promote policies, and laws that support
gender equity and foster intimate partnerships based on mutual respect,
equality, and trust; and
WHEREAS, the key to prevention is education and requiring accountability by abusers ;.
of l iillsborough does hereby proclaim
reness Month in Hillsborough and
corns and survivors of domestic
community working together to
Monday, January 10, 2011
Thursday, January 20, 2011
Monday, January 24, 2011
Monday, February 14, 2011
Thursday, February 24, 2011
Monday, February 28, 2011
Monday, March 14, 2011
Monday, March 28, 2011
Monday, April 11, 2011
Thursday, April 21.2O11
Monday, April 25, 2011
Monday, May 9, 2011
Monday, May 23, 2011
Thursday, May 28.2011
Tuesday, May 31, 2011
Monday, June 13, 2011
Monday, June 27, 2011
Monday, July 11.2011
Thursday, July 21, 2011
Item 9.B
TOWN OF HILLSBOROUGH Adopted xOctober n.u01n
BOARD OF COMMISSIONERS
2011 Meeting Schedule
(*All meetings will be held in the Town Barn located at 101 E. Orange Street, unless otherwise noted. Times and dates are
subject to change).
Regular Town Board Meeting (7:00 PM)
Joint Public Hearing with the Planning Board (7:00 PM)
Town Board Monthly Work Session (7:O8PM)
Regular Town Board Meeting (7:00 PM)
Joint Meeting witti Orange County (7:00 PM)
* Link Government Services Center
Town Board Monthly Work Sessbn (7:00 PM)
Regular Town Board Meeting (7:00 PM)
Town Board Monthly Work Session (7:00 P�W)
Regular Town Board Meetng (7:00 PM)
Joint Public Hearing with the Planning Board (7:00 PM)
Town Board Monthly Work Session (7:00 PM)
Regular Town Board Meeting (7:00 PM)
Town Board Budget Work Session (Generai Fund) (7:00 PM)
Town Board Budget Work Session (Public Hearing / Water & 8evve,
Fund) (7:QOPM)
Town Board Budget Work Session (Extra Budget Work Session if
needed) (7:OOPM)
Regular Town Board Meeting (7:00 PM)
Town Board Monthly Work Session (7:00 PM)
Regular Town Board Meeting (7:00 PM)
Joint Public Hearing with the Planning Board (7:00 PM)
Page 38 of 84
Monday, July 25 2011
August 2011
Monday, September 12, 2011
Monday, September 2S.2O11
Monday, October 10, 2011
Thursday, October 20, 2011
Monday, October 24, 2011
Thursday, October 27, 2010
Monday, November 14, 2011
Monday, November 28, 2011
Monday, December 12, 2011
Town Board Monthly Work Session (7:00 PM)
No Meetings
RegularTown Board Meeting (7:00 PM)
Town Board Monthly Work Sesson (7:00 PM)
Regular Town Board Meeting (7:00 PM)
Joint Public Hearng with Planning Board (7:00 PM)
Town Board Monthly Work Session (7:00 PM)
Assernbly of Governments Meeting (7:00 PM)
*o County Southern Human Services Building
Regular Town Board Meeting (7:00 PM)
Town Board Monthly Work Session (7:00 PM)
Regular Town Board Meeting (7:00 PM)
Page 39 of 84
Item 9.B
Page 40 of 84
AN ORDINANCE AMENDING SECTION 6 -43(b) OF THE TOWN CODE
OF THE TOWN OF HILLSBOROUGH
Section 3. This ordinance shall become effective upon adoption.
ORDINANCE 32010101I-9C
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1. Section 6 -43(b) of the Town Code is amended to have referenced civil penalties
match the adopted fee schedule and to read as follows:
Any violation of the following section shall subject the offender to a civil penalty as indicated:
Section 6 -23 (except 6- 23(a)(2) and (13)), 6 -24, 6 -25, 6 -26, 6 -27, 6 -30, 6 -31 6 -32, 6 -33, and 6-
41 - $10.00; section 6- 23(a)(2) and 6 -39(a) - $25.00; section 6- 23(a)(13) - $100.00. If the
offender fails to pay this penalty within ten days after being cited for a violation and notified of
the penalty. the town may seek to collect it in a civil action in the nature of debt.
Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed.
The foregoing ordinance having been submitted to a vote received the following vote and
was duly adopted this 1 1 `" day of October. 2010.
Ayes:
Noes: 0
Absent or Excused: 0
Donna F. Armbrister. Town Clerk
Proclamation #20101011-9.E
UNITED NATIONS DAY PROCLAMATION 2010
ENGAGING AMERICANS IN ACHIEVING THE M(LLENNIUM DEVELOPMENT GOALS
Whereas, the United Nations was founded in 1945, and the anniversary of the day on which the UN
Charter came into force is observed each year on October 24; and
Whereas, the United Nations promotes peace and security, development and human rights around the
world, and is vital now more than ever; and
Whereas, in September 2000 all United Nations member states including the United States, agreed
upon eight Millennium Development Goals to meet the needs of the world's poorest; and
Whereas, the Millennium Development Goals provide a common development strategy for the
international community, allowing for improved coordination, coherence, and effectiveness at all levels;
and
Whereas, the Goals address universal issues from poverty and access to education to improving
healthcare and environmental sustainability and enjoy unprecedented political support because they
are specific and measurable, with a deadline and indicators for monitoring progress attached to each
goal; and
Whereas, The United States has a long tradition of leading international efforts to improve health,
education and economic growth in developing countries; and
Whereas, the United States has shown its commitment to the Millennium Development Goals through
foreign assistance, progressive trade initiatives, and debt relief measures; and
Whereas, the United Nations Association of the United States of America (UNA-USA), in cooperation
vvithotherorganizatkzns,hasdedared^Engaging America in the Millennium Development Goals" as Lts
theme for the 2010 United Nations day Commemorations;
Whereas, the citizens of Hillsborough should participate in activities of UN Day;
|therefore as Mayor of Hillsborough, proclaim October 24 to by UN Day and urge the cooperation of
our citizens.
Page 41ma4
Tom Stevens, Mayor
October 11, 2010
Resolution 420101011-9.F
A RESOLUTION SUPPORTING EFFORTS TO ENI 3MAN
TRAFFICUNG
IN NORTH CAROLINA
VVUEREASLhomon trafficking is the pccruitmco1 harboring, transportation,
provision. wr obtaining o[uperson fir |oborormorviccs- \hnough the use o[[brcc.
fraud, or coercion ror the purpose of' forced labor or se\ual ser\ itudc:
WHEREAS, human trafficking isn1hirty-tnm billion dollar u} ear global criminal
enterprise isncrime as well usacivil and human rights iolation: and
YVHE|{LAS United States government estimates that 00U to 800,800
individuals are trafficked across international borders each year and exploited through
forced labor and forced commercial sexual activity:
WEIEREAS. victiins of human trafficking can frequentl. be found in domestic labor
situations. sxeauohop factories. construction, faint work. hotel, restaurant tourist
industries. janitorial ^mdk, and the commercial sex iwJuynl: and
VVD[REAS.kofickors use force, fraud and coercion lo dra' v icdnus into lives of
srpvnmJe and ubuyc, froquenUy subjecting victims bm rape. beatings. confinement.
debt bondage. involuntary ser.itude, and psychological and emotional abuse: ancl
YVHERE&S s.stcnuxdc approaches to detecting trafficking. creating protocols for
assisting victims. providing uery ices 1u UntOuking.vicdnms. and holding traffickers
ccoiii are all crucial steps in mndicudngtrmOicking: and
YVUEKEAS_Uhc U.S. Cumgrc/:., responded h» the problem o[ human trafficking hv
passing the Victims of Trafficking and Violence Protection Act of2O08,u
comprehensive statute designed to hold traffickers accountable and provide scrvices
for trafficking, . letims: and
WHEREAS. the United States is major Jua1ou1on counkyfor international
trafficking victims nnapproximately: 14.500-17,500 people are trafficked into the
country each year. nhicb is exclusive oldie number o[domcs[icu|ktrafficked
children and adults: and
\fi]EKE&S human trafficking is uchnoc that impacts North Carolina and F.O.i
anal. sts estimate that close ln Z596o[international trafficking viciimoend up in the
Southeast United States vhich includes North Carolina: and
RCAS. North Carolina's location on the 1-95 corridor. its large militar bases,
large Immigrant population and demand for immigrant labor creates ooruvim)onmcnx
hospitable |o trafficking in our area: and
Page 42 of 84
NATIEREAS. in 2006 the General Assembly of North Carolina enacted Sess'o
2006-247. w:hich 'authorizes state criminal penalties 101* tflitilekers: and
\V8[KE/\S the General /\sseroblyo[North Carolina enacted Session Law ZUO7-
.547, \\hich pro\ ides access to the address confidentialit\ program for human
\roUiokiog vicLi/ns and illstructs the North Carolina Justice /\codenoyLo establish
pnomcnb for training State and local law eu[brrcmcn1 and
Y/HERE/\5, raising local oxmrmncss and providing education is crucial to eradicating
human trafficking in our local communities. state um]nation:
NOW. THB{LN3&E.QLlT RESOLVED bv the Board o[ Commissioners ofthe
TownofUiDshuroouhibmtLheTovvnnU|soppurtcAorts|mcoUy'siuLcwidc,xnd
111100:11 1 to eombat human trafficking. and recognize the need for training [hrbw
enforcement officials and first responders:
This the m Lla\ of °ember* 2010.
PAV
Donna E/\nmbristec0J&iC
Town Clerk
Page 43 of 84
Resolution #201010 -9.F
lomStev ens. 0u\r
RESOLUTION ADOPTING THE THREE -YEAR SOLID WASTE MANAGEMENT PLAN UPDATE to be
submitted to State of North Carolina,
WHEREAS, North Carolina statutorily requires each County and Municipality to update its ten year solid
waste plan every three years, and
WHEREAS, Orange County and its municipalities have historically cooperated closely on solid waste
management including plan development, and
WHEREAS, the plan to be adopted reaffirms the goal of 61% waste reduction per capita originally
established in 1997 and reaffirmed in 2000, 2003, and 2008 (for 2006 submittal), and.
WHEREAS, the Board of Orange County Commissioners has created a representative solid waste
management plan work group that has worked for five years on the comprehensive, integrated long
term plan, and
WHEREAS, the Orange County Solid Waste Department, the Work Group and the Solid Waste Advisory
Board have developed a draft interim plan for consideration by the Town, and
WHEREAS, plan development has included representatives from the Town and the Town's interests
have thereby been represented in plan development, and
WHEREAS, the Town has reviewed and considered the plan and offered its recommendations and
revisions to be incorporated into the plan document to be submitted to the State for review after
consideration by the Board of County Commissioners, and
WHEREAS, this plan submittal is a living document and recognizes that the County's overall integrated
solid waste management plan will continue to evolve, and
This is the 11` day of October, 2010.
Page 44 of 84
WHEREAS, the current submittal is about 15 months overdue from the original plan update due date of
June 30, 2009;
Tom Stevens, Mayor
Resolution #20101011 -10.A
THEREFORE, NOW BE IT RESOLVED, that the Town of Hillsborough adopts and recommends this solid
waste management plan update pending adoption; by the Board of Orange County Commissioners.
O
Resolution #20101011 -10.E
Resolution Formalizing the Names of
Hillsborough Town Parks
prior to 2005
WHEREAS, The Town of Hillsborough has used its authority to name parks and public open spaces to
commemorate and memorialize important residents. occurrences. and resources and
WHEREAS. The Towns method of naming its parks and open spaces prior to 2005 was informal, and
the Town now wishes to more formally state and recognize reasons why certain parks established prior to
2005 bear certain names,
NOW. THEREFORE BE IT RESOLVED, by the Hillsborough Town Board of Commissioners to
formally adopt the following park names for the properties and reasons listed:
Gold Park -- 24 acres located at 415 Dinnmocks Mill Road. This property was given to the To of
Hillsborough in 1995 by the Eno River Development Company and. Alexander Stott Gold, General
Partner. The name recognizes the Gold family's gift to the town.
October 12, 2010
Date
Page 45 of 84
Hillsborough Heights Park - 0.14 acres located at 510 Terrell Road. This property was given to the Town.
of Hillsborough in 2003 by a neighborhood resident for the creation of a park. The neighborhood watch .
requested the name Hillsborough Heights Park to reflect the neighborhood's name.
Kings Highway Park -- 18 acres located at 1001 Ben Johnston Road in the great bend of the Eno River.
Lake Ben Johnston bounds the property on the south and west. The property was available for river access
and passive uses after construction of the lake in the 1960s. The site has been developed through many
volunteer, scout and Eagle Scout projects. The King's Highway Park designation was added based on the
research of Tom Magnuson documenting the presence of remnants of a river ford and historic road known
as King's Highway on the property.
Mayo Park a pocket park located on the south side of West King Street near Dual Supply and adjacent
to a town parking lot. This sitting area was named in memory of Odell Mayo, a former town employee
who retired from the public works department and had responsibility for keeping downtown swept and
clean.
Murray Street Park — 0.5 acres located at 225 Murray Street. This property is the former site of a sewage
pumping station that was removed by the town. The neighborhood petitioned the town to create
community garden and park on the site in 1991. They worked for years improving the property and
requested a park named after the street.
Turnip Patch Park 0.6 acres located at 333 West King Street. This property was acquired by the town in
1974. A neighbor, Hoyt Crabtree, received permission from the town to plant a garden on the site and the
water meter account for the site bore the name turnip patch. When neighborhood residents petitioned the
town for permission to build a park in 2003 they continued the name Turnip Patch Park,
Resolution #20101011 -10.F
RESOLUTION ADOPTING THE DOWNTOWN PARKING STUDY
WHEREAS, The Hillsborough Town Board directed staff to study the current parking
situation. project the effects of future development on parking availability and accessibility, and
develop recommendations to improve downtown parking to address the needs of downtown
business owners. customers, and visitors; and
WHEREAS, The Planning Department staff prepared a document including a revicew of
previous planning efforts, survey results and comprehensive parking counts; and
WHEREAS, the Downtown Parking Study covered parking supply, accessibility, and
convenience; and
WHEREAS, the Downtown Parking Study recommends a variety of implementation actions
ranging from consistent enforcement,
This the 11 h day of October, 2010.
nproved signage, and other physical improvements,
NOW. THEREFORE BE 1'I' RESOLVED BY THE HILLSBOROUGH TOWN BOARD OF
COMMISSIONERS, that the Downtown Parking Study is adopted by the town for integration in
the work plans of the various departments responsible for its implementation.
Donna F. Armbrister. Town Clerk
Page 46 of 84
STATE OF NORTH CAROLINA INTERLOCAL AGREEMENT
COUNTY OF ORANGE
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT made as of 2010, by and
between ORANGE COUNT Y. a political subdivision of the State of N
'`County ") and the TOWN OF HILLSBOROUGH, North Carolina, a municipal corporation of
the State of North Carolina (hereinafter "To \vn ").
W ITNES S ETH:
WHEREAS. this Interlocal Agreement is entered into pursuant to G.S. §160A -363.
North Carolina Statutes. also known as the N.C. General. Statutes. Supplemental Powers which
permits the TOWN to request the Board of County Commissioners to exercise their powers
within TOWN'S jurisdiction. and they shall thereupon be empowered to do so until the TOWN
officially withdraw s its request in the manner provided in G.S. §160A-360(g). (1969, c. 106. s.
1; 1971, c. 698, s. 1. 1973, c. 426, s. 64: 1993, c. 232 s.3.)
WHEREAS. this Interlocal Agreement is entered into pursuant to G.S. § 160A -461
erlocal Cooperation)_ North Carolina Statutes, which pennnits the Town and the County to
to enter into a contract of reasonable duration to execute an undertaking within the
Town's planning jurisdiction;
WHEREAS. County maintains a Department of Planning and Inspections, which includes
an Erosion Control Division ( "Erosion Control "') that conducts site plan review and inspections..
administers the Orange County Soil Erosion. and Sedimentation. Control Ordinance and the
Stortnwater Ordinance for Lands Within the Neuse River Basin, maintains administrative offices .
and records:
WHEREAS. on 2010„ the State of North Carolina Department of
Environment and Natural Resources. Division of Water Quality (hereafter the - Division of
Water Quality ") issued to the Town Permit No. NCS 000466. effective October 1. 2010. and
expiring on midnight on October 1, 2015 (hereafter the "Permit "), authorizing the Town to
discharge storm water from the Town's Municipal Separate Storm Sewer System under the
National Pollutant Discharge Elimination System (NPDES);
WHEREAS. the Town is desirous of procuring selected services of County for the
performance of Permit compliance and enforcement of the Orange County ° Soil Erosion and
Sedimentation Control Ordinance (hereafter the 'Erosion and Sedimentation Control
Ordinance ") within the municipal boundaries and /or of the Town's Extraterritorial Jurisdiction as
may be changed from time t0 time:
WHEREAS, County. through said Erosion Control Division, is w °ill to perform such
services pursuant to the terms and conditions hereafter set forth;
Page 47 of 84
Page 1 of 27
TOWN OF HILLSBOROUGH
Carolina (hereinafter
Attachment 1
WHEREAS it is in the best interest of the citizens of the Town and Count) to promote a
sustainable community that provides for the monitoring of soil erosion, sedimentation control
and protection of water quality: and
WHEREAS approval of this Interlocal Agreement can help promote a sustainable
community:
NOW THEREFORE. IN CONSIDERATION OF THE PREMISES AND THE
FULFILLMENT OF THE TERMS OF THIS FNTERLOCAL AGREEMENT, THE COUNTY
AND TOWN AGREE AS FOLLOWS:
ARTICLE 1 — SCOPE OF SERVICES
1.1 The TON\ n shall be responsible for protecting the quality of storm water runoff and
surface waters in the Town to the extent required by the Clean Water Act and
associated regulations promulgated by the United States Environmental Protection
Agency and/or the State of North Carolina. and other laws and regulations that may
apply to the Town. HON\ ever, on behalf of the Town. the County will fulfill during the
tenn of this Interlocal Agreement. and any subsequent renewal thereof, the selected
services related to the Town's Perrnit that are identified in the annual workplan set forth
in section A2 of the attached Schedule A (hereafter the "Annual Workplan) as the
- County's 'Ministerial Responsibility for the first and any such subsequent renewal
term (hereafter the "Services"). provided the Town fulfills the terms of this Interlocal
Agreement and each Interlocal Responsibility identified in the Annual Workplan as the
- Town's Responsibility for the first and any such subsequent renewal term of this
Interlocal Agreement
1.2 The County shall during the term of this Interlocal Agreement and any subsequent
renewal thereof. enforce the Erosion and Sedimentation Control Ordinance as it is
currently enacted and as it may be amended or reenacted from time to time. and
perform such other services in connection with the enforcement of the ordinance
(hereafter the - Services - ) described in Schedule B.
1.3 Town hereby grants County the right to go upon and otherwise access Town property,
including any drainage easements, and the rights-of-way of streets within the Town
which have been accepted for dedication by the Town, for purposes of carrying out the
Services. County shall not be required to provide Services on private property, unless
the Town provides the County with legal right of access to the same,
1.4 County through its employees shall be responsible for the performance of the Services,
including the staff of the Erosion Control Division of the County's Planning and
Inspections Department. or any successor division or department as may be designated
by the Count) Manager.
Page 48 of 84
Page 2 of 27
Excluded Functions
Legal Services
ngineering
e
Water Management
Drainage Districts
Natural Resource Protection
Other functions identified in section A3 of the Schedule A as - Excluded Functions or
identified in the Annual Workplan (Section A2 of Schedule A) as the - Town's
Responsibility
ARTICLE 2— FUrscnoNs AND DUTIES NOT TRANSFERRED TO COUNTY
2.1
It is specifically understood and agreed as provided in Article 1 of this Interlocal
Agreement. all rights and powers as may be vested in the Town pursuant to the
permit(s) requirement( s). laws of the State of North Carolina. or any other law or
ordinance or Charter provision of the Town. shall be retained by To \N n. It shall be the
responsibility of parties other than the County to perforrn Services not specifically
identified as Services to be performed by the County. It is further understood and
agreed that the Services to be provided by the County are not intended to include any
functions related thereto that are identified below as excluded functions. which shall
remain the exclusive responsibility of the Town (hereinafter - Excluded Functions
2.2 In the event Town desires to have County add any Excluded Functions to the Services
hereunder, a separate agreement therefore may be entered into between Town and
County pursuant to Article 8.6 of this Interlocal Agreement.
ARTICLE 3— COMPENSATION
3.1 Stormwater Services: The Town shall rennburse County for the expenses associated
with the Services provided by County for each Permit Year in the amounts set forth in
section Al of Schedule A. Payment for each permit year shall be due and payable to
the County on or before November 30 of the current permit year. The Town shall.
within 60 days of submission of an invoice by the County. reimburse the County for
services provided in the current permit year. The November 30th date coincides with
the required submittal of the Town's annual report to the state. Prior to issuance of the
invoice the County will provide the Town a copy of the annual report for review and
upon acceptance of the annual report the invoice will be submitted. As part of this
process the County will provide the Town monthly activity reports and quarterly
expense reports. The parties shall evaluate the - annual Fees set forth in Schedule A
on the anniversary of this Interlocal Agreement. and by mutual \linen agreement
adjust the fees to provide reasonable compensation to the County for the performance
of Services. In the event either party tenninates this Interlocal Agreement prior to the
expiration of the fiver year tertn. a prorated fee will be determined by mutual written
agreement and reimbursed to the appropriate party based on the value of Ser‘ice
performed till the date of termination.
Page 49 of 84
Page 3 of 27
Stormwater Management. New Development: County shall directly collect permit fees
to provide the Services set forth in the annual work plan in section A2 of Schedule A.
related to stormwater management plan review and approval for new development.
County shall issue stormwater management plan approvals in accordance with the fees
charged by Count) as such fees may be amended from time to time. All fees shall be
retained by County and no other reimbursement from TOWN will be required for the
provisions of Services set forth in Section 1.2 and Schedule "B of this Interlocal
Agreement.
3.3
Erosion and Sedimentation Control: County shall directly collect permit fees to
provide the Services set forth in Section 1.2 above and on Schedule - 13 - . Permits shall
be issued by County in accordance With the fees charged by County, as such fees may
he amended from time to time A l] fees shall be retained by County and no other
reimbursement from TOWN will he required for the provisions of Services set forth in
Section 1.2 and Schedule - 13 - of this Interlocal Agreement,
ARTICLE 4 - GOVERNMENTAL IMMUNITY
4.1 To the extent permitted by law. Town agrees to indemnify and hold County harmless
from and against any and all claims. liabilities. damages and expenses. including
attorney's fees. arising from the Town's operation and maintenance of the Town's
Municipal Separate Storm Sewer Systetn. from the implementation of the Permit.
enforcement of the Erosion and Sedimentation Control Ordinance or this Interlocal
Agreement. Nothing herein is intended to serve as a waiver of sovereign or
governmental immunity by any party to which such immunity may be applicable.
There shall be no third party beneficiaries to this Interlocal Agreement. and nothing
herein shall be construed as consent to be sued by third parties in any matter arising
out of this Interlocal Agreement or any other agreement.
ARTICLE 5- TERM OF INTERLOCAL AGREEMENT
5.1 The term of this Interlocal Agreement shall be for a period of five (5) years from the
date of execution thereof until midnight on , 2010. unless terminated by
either party as provided for herein. The Interlocal Agreement may be renewed for an
additional term of five (5) years upon the written agreement of both parties.
ARTICLE 6 - TERMINATION
6.2 Either party may terminate this Interlocal Agreement. with or without cause. b)
providing notice to the other part) of termination in writing at least 4 months prior to
the effective date of termination, This Interlocal Agreement may also be terminated by
court order upon the finding that there has been substantial breach of this Interlocal
Agreement by the non-complaining party so as to entitle the complaining party to be
relieved of its obligations under this Interlocal Agreement.
ARTICLE 7- NOTICES
7.2 The Town's renewal offer and any and all notices given or required under this
Interlocal Agreement shall he in writing and may be delivered in person or by
Page 50 of 84
Pa2e 4 01'27
nited
States mail. postage prepaid. first class and certified. return receipt requested,
addressed as follow
TO COUNTY:
TO TOWN:
Craig N. Benedict, AICP
Orange County Planning & Inspections Director
P.O. Box 8181
Hillsborough. N.C. 27278
With copy to:
Frank W. Clifton. Jr.
Orange County Manager
P.O. Box 8181
Hillsborough, N.C. 27278
Eric Peterson
Hillsborough Town Manager
135 N. Churton Street
Hillsborough, N.C. 27278
cc/ Nicole Ard—Nssistant Town Manager
ARTICLE 8 — MICELLANEOUS PROVISIONS
8.1 Remedy: The parties agree that the remedy of specific performance would be an
appropriate remedy among others. for the enforcement of this Interlocal Agreement.
8.2 Assignment: Neither party shall have the right to assign this Interlocal Agreement
without the advance written permission of the other party.
8.3 Waiver: The waiver by either party of any failure on the part of the other party to
perform in accordance with any of the terms or conditions of this Interlocal
Agreement shall not be construed as a waiver of any future or continuing similar or
dissimilar failure.
8.4 Severabilitv: The invalidity of any provision of this Interlocal Agreement shall in no
way affect the validity of any other provision.
8.5 Entire Agreement: It is understood and agreed that this Interlocal Agreement
incorporates and includes all prior negotiations, agreements or understandings
applicable to the matters contained herein. and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this
Interlocal Agreement that are not contained in this document. It is further understood
and agreed that this Interlocal Agreement revokes and supersedes all prior agreement
between the parties relating to the subject matter contained herein. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements. whether oral or w ritten.
Page 51 of 84
Page 5 of 27
8.6 Modification: 11 is further agreecl that uo modifications. amendments or alterations in
the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith.
8,7 Governing Lon/ Any controversies or legal problems arising out of this transaction
and any action involving the enforcement or interpretation of an rights hereunder
shall be submitted to the jurisdiction mfthe State courts ofthe State of North Carolina.
the venue situs. and sha!i be gov erned by the laws of the State o[ North Carolina. l[u
encourage prompt and equitable resolution of any litigation that may arise hereunder.
each party hereby aies anv rights it may have to a trial by jury of any such
8.8 Interpretation: This Interlocal Agreement has been negotiated and drafted by all
parties hereto and shall not be more strictl construed against inst any party because of
such party's preparation of this Interlocal Agreement.
8.9 : This Interlocal Agreement may be recorded in the puhlic records of
Orange County. in accordance with the North Carolina General Statutes,
Page 52 of 84
Page 6 of 27
IN WITNESS WHEREOF, the parties hereto have made and executed this Inter local Agreement.
Between the County and Town for selected Services to be performed by the County on the
respective dates under each signature:
ORANGE COUNTY through its BOARD OF COUNTY COMMISSIONERS. signing by and
through its Chair or Vice Chair. authorized to execute same by Board action on the of
(date) and the TOWN. through its Board of Commissioners
signing by and through its Mayor, authorized to execute same by Council action on the
day of (date),
ATTEST: ORANGE COUNTY
Donna S. Baker. Clerk.
Attest:
Town Clerk/Directof of Adminstration
Town of Hillsborough
COUNTY
TOWN
Orange County Board of Commissioners Orange County Board of Commissioners
Page 53 of 84
Page 7 of 27
Valerie P. Foushee, Chair,
day of (date)
APPROVED AS TO FORM:
BY
County Attorney
TOWN OF IIILLSBOROUGII
Tom Stevens. Mayor.
Hillsborough Board of Commissioners
day of (date)
By
Town Manager
dar of (date)
APPROVED AS TO FORM:
By
Town Attorney
STATE OF NORTII CAROLINA NPDES PERMIT NCS000466
INTERLOCAL AGREEMENT
COUNTY OF ORANGE TOWN OF HILLSBOROUGH
Al) - ANNUAL FEES
NPDES PERMIT NUMBER NCS000466
INTERLOCAL AGREEMENT
The following fees are in addition to any user fees that third parties may be required to
pay to the County for any services provided by the County to the 'fo\ \ =n.
SCHEDULE
PE i IT YEAR DATES
1
3
4
October 1, 2010 - September 30, 2011
October 1. 2011- September 30. 2012
October 1. 2012- September 30, 2.0 13
October 1, 2013 - September 30, 2014
October 1. 2014- September 30, 2 1
ANNUAL FEES
$80.700
$80..700
$80.700
580,700
$80.
Page 54 of 84
Pat4e 8 o12
A2) - ANNUAL WORKPLAN
Page 55 of 84
Page 9 of 27
Town of Hillsborough Stormwater Management Program
Work Plan September 2010
INTRODUCTION
In 1972, the National Pollutant Discharge Elimination System (NPDES) program was
established under the authority of the Federal Clean Water Act. Phase 1 of the NPDES
Stormwater program was established in 1990. It required NPDES permit coverage for
municipalities with populations of 100,000 or more.
Phase 11 of the NPDES Stormwater program was signed into law in December 1999. The
Phase II program extended permit coverage to smaller (< 100,000 pop.) communities
and public entities that own or operate a municipal separate storm sewer system (MS4).
It required these smaller communities to develop a stormwater program and obtain an
NPDES permit for stormwater discharges.
In North Carolina, the Department of Environment and Natural Resources, Division of
Water Quality (NCDWQ) administers the NPDES Stormwater program. NCDWQ issued
the Town of Hillsborough's (Town) initial Phase II permit, on October 1, 2005. The permit
required the Town to develop, implement, and enforce a stormwater program designed
to reduce the discharge of pollutants from the MS4 to the maximum extent practicable
The program was implemented in phases over the last five years, Pursuant to the permit
the stormwater program included the following six minimum measures or best
management practices (BMPs):
1. Public education and outreach on stormwater impacts;
2. Public involvement/participation;
3. Illicit discharge detection and elimination;
4. Construction site stormwater runoff control (Erosion Control);
5. Post-construction stormwater management for new development and
redevelopment;
6. Pollution prevention/good housekeeping for municipal operations.
Recognizing the need for assistance and the benefits of collaboration, the Town entered
into an inter-local agreement with Orange County (County) in March 2006. Under this
agreement, the County provided the Town with services to implement the Town's
Stormwater Program pursuant to their NPDES Phase II stormwater permit. The County
was already implementing a similar program required under the Neuse River Basin rules
(including education, post-construction stormwater, and illicit discharge requirements),
as well as a locally delegated erosion control program. This agreement not only
benefited the Town, but also benefited the County by essentially implementing one
program that satisfies both the Town's Phase II stormwater requirements and the
County's Neuse River Basin stormwater program requirements. By collaborating, both
entities satisfied requirements more economically.
The Town's Stormwater Program operates as a division of the Public Works
Department. The Assistant Town Manager oversees the program and works closely with
the County stormwater staff. The stormwater program is implemented by Orange
County's Erosion Control Division.
Pagg