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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. Page 1 of 84 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. Page 2 of 84 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. Page 3 of 84 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 Page 4 of 84 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. Page 5 of 84 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 Page 6 of 84 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 Page 7 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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 Page 8 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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 Page 9 of 84 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 Page 10 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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 Page 11 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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 Page 12 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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. Page 13 of 84 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. Page 14 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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. Page 15 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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. Page 16 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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 Page 17 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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 Page 18 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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. Page 19 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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. Page 20 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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. Page 21 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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. Page 22 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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. Page 23 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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 Page 24 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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 Page 25 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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. Page 26 of 84 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 Page 27 of 84 October 11, 2010 Regular Board Meeting Approved: November 8, 2010 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. Page 28 of 84 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. Page 29 of 84 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 Page 31 of 84 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. Page 32 of 84 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. Page 33 of 84 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