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Home My Public Portal About10-12-2015 Regular MeetingMINUTES HILLSBOROUGH BOARD OF COMMISSIONERS 7 p.m., October 12, 2015 Whitted Human Services Center PRESENT: Mayor Tom Stevens and Commissioners Kathleen Ferguson, L. Eric Hallman, Evelyn Lloyd, Brian Lowen, and Jenn Weaver STAFF PRESENT: Town Manager Eric Peterson, Utilities Director/Town Engineer Kenny Keel, Planning Director Margaret Hauth, Finance Director Heidi Lamay, Management Analyst/Assistant PIO Jen Della Valle, Human Resources Director/Town Clerk Katherine Cathey, Police Chief Duane Hampton, Town Attorney Bob Hornik, Utilities Analyst Julie Laws, Utilities Inspector Nathan Cates, Utility Mechanic III Ethan Oles, Human Resources Analyst/Deputy Town Clerk Sherri Ingersoll, Fire Marshal/Emergency Management Coordinator Jerry Wagner, Accounting Technician Sarah Butcher, Police Officer Chris Hill, Police Lieutenant Scott Nicolaysen, Police Corporal Keith Bradshaw, Assistant Finance Director Carolyn Glasgow, Assistant Finance Director Phil Cordeiro, Police Officer 1 st Class Douglas Hemingway, Utilities System Supervisor Joel Lashley, Billing and Collection Clerk Veronica Wright, Police Corporal June Solomon, Fleet Maintenance Supervisor David Wisely, Fleet Mechanic Frank Moore, Police Officer 1st Class Jason Winn, Police Lieutenant Davis Trimmer, Police Senior Corporal Tereasa King, Wastewater Treatment Plant Superintendent Jeff Mahagan, Police Sergeant Chip White, Public Information Officer Catherine Wright, Accounts Payable Clerk Donna Duncan, Fleet Mechanic Darren Koch, and Utility Mechanic III Al Robertson ABSENT: None Call to Order: 7:00:53 PM Mayor Stevens called the meeting to order at 7 p.m. 1. PUBLIC CHARGE Mayor Stevens did not read the public charge but he asked that everyone abide by it. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA There were none. 3. AGENDA CHANGES & AGENDA APPROVAL There were none. Mayor Stevens approved the agenda as it stood. October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 4. INTERVIEWS None. 5. APPOINTMENTS A.Tourism Board – Reappoint Libbie Hough to a second term as the Alliance Representative 7:02:40 PM Commissioner Ferguson moved to reappoint Libbie Hough to a second term as the Alliance Representative. Commissioner Lloyd seconded. The motion carried upon a unanimous vote of 5-0. B.Tourism Board – Reappoint Mary Catherine McKee to a second term as an at-large representative 7:02:55 PM Commissioner Ferguson made a motion to reappoint Mary Catherine McKee to a second term as an at-large representative. Commissioner Lloyd seconded. The motion carried upon a unanimous vote of 5-0. 6. PRESENTATIONS A.Introduction of Officer Christopher Hill and public reaffirmation of his Oath of Office Chief Hampton introduced Officer Hill and spoke highly of him. Officer Hill publicly reaffirmed his Oath of Office. B.Recognition of Citizen Police Academy Graduates and Presentation of Graduation Certificates Chief Hampton introduced the program and recognized the third graduation class. Corporal King explained the program. 7:15:32 PM Participants were recognized: Beverly Day, Nancy Taylor, Anthony Orr, Terrance Feravich, Jo Anne Snipes, Paul Werner, Anthony Marshall, Michael Snipes, Jerod Allison, Christy Hemingway, Larry Husketh, Bettie Graham Anthony Marshall summarized what the class gained from the experience. C.Employee Innovation and Customer Service Awards for FY2015 Mr. Peterson presented each award and the Town Board received the honorees. Innovation Awards Gold* – Wastewater Treatment Plant Superintendent Jeff Mahagan, Chief Wastewater Treatment Plant Operator Shawn Maines, Wastewater Treatment Plant operators Jeffrey Davis and James “Mick” Lane, Utility Mechanic Ethan Oles and Laboratory Supervisor Benjamin Bani modified the biological treatment process at the Wastewater Treatment Plant to reduce the plant’s total nitrogen levels, resulting in a multi - year delay of a plant upgrade. Gold – Utility Mechanic Ethan Oles designed and constructed a tool that eliminates the need to use a crane truck to remove submersible pumps for maintenance and repair, reducing many safety concerns that are normally involved in that process. Gold – Police Officer 1st Class Jason Winn helped develop a departmental fitness program in the Police Department, researching peer associations’ initiatives, assisting with the Police Officer Physical Agility Test, and helping to set up a pilot program that provides police officers access to a local fitness facility. October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 Silver* – Wastewater Treatment Plant Operator Jeffrey Davis came up with an idea to build a step aerator at the end of a chorine contact tank to raise the dissolved oxygen levels, preventing permit violations when the effluent aerator fails. Bronze – Water Treatment Plant Superintendent Russell Bateman, Chief Water Treatment Plant Operator Howard Hobson and Utility Inspector Nathan Cates proposed the idea to run a water supply line from the water main at the back of the water plant to the top of the treatment basins for a better way to wash the basins. Honorable Mention – Retired Utility System Supervisor Adron Thompson, Utility Maintenance Technician Scott Smith, Retired Utility Mechanic Richard Terry, and Utility Inspector Nathan Cates installed a drain line at the water plant that sends waste material discharge directly to the sewer outfall, thereby increasing the capacity of the waste ponds. * Also received the Innovator(s) of Distinction Award Customer Service Awards: Gold – Human Resources Director/Town Clerk Katherine Cathey had a significant role in promoting health and wellness among employees, managing the town’s switch in health insurance providers and revamping the wellness team,. Gold – Utility Mechanic Alvin Robertson effectively managed the town’s implementation of Utilit y Cloud, entering data on distribution and collection assets, customizing work orders, learning how to use the system and training other employees. Silver – Firefighters Will Brooks and Watt Parker worked diligently to remove several thousand gallons of water from the Orange County Historical Museum after a boiler failed, which caused water to escape from the overflow valves. Silver – Police Cpl. Keith Bradshaw identified the need for school zone signs at The Expedition School, oversaw the installation of the signs, and followed up by doing traffic education and enforcement along the school zone. Silver – Assistant Utilities Director Will Baker and Utility Maintenance Technician Lacy Painter worked with a downtown business owner to identify and resolve a sewer blockage located just outside the business’ foundation wall. Bronze – Fleet mechanics Darren Koch and Frank Moore notified Billing and Collections staff when they noticed a truck that appeared to be unlawfully taking water from a fire hydrant, collected evidence of the tampering and waited at the scene until appropriate staff arrived. Bronze – Utility System Supervisor Joel Lashley and Utility Inspector Nathan Cates assisted the Streets Division during two winter storms in February, helping to remove snow and ice from paved surfaces. Bronze – Wastewater Treatment Plant Operator James “Mick” Lane designed and constructed a landscaping wall and flowerbed to accent the entrance sign at the Wastewater Treatment Plant. Bronze – Fleet Maintenance Supervisor David Wisely and Fleet mechanics Darren Koch and Frank Moore performed repairs on two of the Police Department’s vehicles that had been taken out of service, thereby increasing the value of the vehicles. Bronze – Billing & Collections Supervisor Jenny Overman, Customer Service Representative Linda Daye, Billing and Collections clerks Veronica Wright and Jaclyn Manning, Assistant Finance Director Carolyn Glasgow, Accounting Technician Sarah Butcher, Accounts Payable Clerk Donna Duncan, Meter Reading October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 Supervisor Ricky Clark and Utility Maintenance Technician Tyrone Hodge exhibited great dedication to customers during the Smart Fusion Financial System software implementation. Honorable Mention – Water Treatment Plant Superintendent Russell Bateman, Chief Water Treatment Plant Operator Howard Hobson and Utilities Analyst Julie Laws identified the need for an easily accessible explanation for a pink film that may form on plumbing fixtures and addressed that need by adding information to the town’s website. Honorable Mention – Utility Maintenance Technician Bryant Bailey helped a customer fix a sewer cleanout, demonstrating great customer service that led the customer to write a note of appreciation. Mayor Stevens recognized Mr. Peterson for this 2009 program as well as the Balanced Score Card and other innovations. 7. COMMITTEE REPORTS (CRITICAL) 7:46:50 PM Commissioner Ferguson reported that the Fairview Christmas party is Dec. 11. Tutoring has resumed with the Hillsborough Police Department and 15 students from UNC. The Orange County Partnership to End Homelessness has talked about tiny homes and looked at a farm where tiny homes work. She has information on this permanent supportive housing. Through TJCOG, she attended a session promoted on Practical Approaches to Building Places. There is one item still available from the Home Trust silent auction. 8.REPORT FROM THE TOWN MANAGER No report. 9. DEPARTMENTAL REPORTS No reports. 10. ITEMS FOR DECISION – CONSENT AGENDA A.Minutes of the September 14, 2015 Board of Commissioners Regular Meeting, Minutes of the September 14, 2015 Board of Commissioners Regular Meeting Closed Session, Minutes of the September 28, 2015 Board of Commissioners Monthly Work Session, and Minutes of the September 28, 2015 Board of Commissioners Monthly Work Session Closed Session [NOTE: Revised Minutes of the September 14, 2015 Board of Commissioners Regular Meeting will be presented for approval on November 9, 2015.] B.Miscellaneous budget amendments and transfers C.Modification to the Cut off Policy in the Town Code, Section 14.13 D.Ordinances amending Town Code Section 14-15 Leak Adjustments and adding new Town Code Section 14-6A Medical Alert Status It was noted that there was a replacement pages for 12 and 13 of Sept. 28 meeting. 7:49:20 PM Commissioner Ferguson made a motion to approve the items on the consent agenda. Commissioner Lowen seconded. The motion carried upon a unanimous vote of 5-0. 11.ITEMS FOR DECISION – REGULAR AGENDA A.Special use permit modification to allow a sign on the side of 603 Hampton Pointe Blvd. in lieu of one on the rear October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 Ms. Hauth reviewed that this affects 601 and 603, the “lifestyle” buildings that face the traffic circle. Only the end tenants would be allowed to have a sign on the side. Commissioner Weaver asked if it was purposely omitted before. Ms. Hauth answered we were hoping for double frontage doors, which is hard to get. It’s nothing more than that. Commissioner Lowen asked if the applicants are also having to meet current sign guidelines. Ms. Hauth answered they have to meet the SUP regulations that were approved for these buildings, which is slightly more restrictive. The applicant is trading a rear sign for a side sign. 7:53:08 PM Commissioner Lowen made a motion to approve the modification. Commissioner Ferguson seconded. There was confirmation that it’s either a side or a rear sign. 7:53:32 PM The motion carried upon a unanimous vote of 5-0. B.Ordinance amending the town code to modify food truck provisions to allow truck operations to match nearby business hours and remove the requirement for trucks to leave the premises when not in operation Ms. Hauth reviewed the folks at Hillsborough BBQ wanted to locate a trailer at a neighboring business and wanted extended hours to match up with nightlife type businesses. She feels like the amendments meet the request and helps protect the residential neighbors (not closer than 200 feet). Mayor Stevens said we try it and amend if needed. Commissioner Hallman agreed, saying we wrote it to be more restrictive and we can amend it as needed. 7:56:21 PM Commissioner Hallman made a motion to amend the ordinance. Commissioner Ferguson seconded. Commissioner Lloyd asked if the requestor is moving forward and if he is the only one. Ms. Hauth answered that others have made inquiries. 7:57:15 PM The motion carried upon a unanimous vote of 5-0. C.Discussion of Authorizing Commencement of Eminent Domain Proceedings for the Colonial Inn Property – 153 West King Street, Hillsborough. 7:58:27 PM Commissioner Hallman said he’s saddened that we’ve reached this point but recent events have hardened his resolution that this is the right path to take. He presented three points regarding the how, what, where: This board has discussed this ad nauseam over 13 years as we tried to make this work. We paid for a study with the School of Government and it was clear that the property is in such disrepair that it can’t be done by any individual; it will take a public/private partnership. Several times the town has reached out. Nothing has happened. We’ve reached out for comment on the study. But what has pushed this is the public safety issue, the threat to public safety. See the fire marshal’s report. I will ask the town attorney to lay out what this process is. From my lay perspective, what we are looking to do is to pay a fair market price for this property to put it in a public/private partnership to address the public safety issues. We’re not looking to take this property. Otherwise, we’ll have to tear it down. I don’t want to be sitting on this board when the vote to authorize tearing it down comes up. October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 This starts the dialogue, Commissioner Hallman said. Today there were discussions with Preservation North Carolina. They would help us with the public part of the public/private partnership. The public safety issues have compelled me and I think this board to take action at this time. Mr. Hornik said the first step in the process is to approve the resolution which authorizes him to send notice of intention to authorize the town’s authority to acquire the property. That’s a 30-day notice. The town could file the complaint to start the eminent domain proceeding on the 31st day, but no sooner. The way the process works, during the 30 days the town can talk to the property owners about negotiating an acquisition. If that doesn’t work, on the 31st day or after the town can file a complaint in Orange County Superior Court, notify the property owner, and pay into the court what the town estimates to be the fair market value. The property owner has 120 days to answer the complaint, attest the town’s authority or agree with it and accept the amount deposited with the court. An issue that could be tried in a court is the amount for acquisition of the property. That process could take a year if contested. After that, the town could have title of the property. If the property owner doesn’t contest the complaint or takes the money the town deposits to the court, the title of the property would be vested in the town. This is not a quick take like a sewer easement or roadway acquisition. Mayor Stevens said one of the statutes that allows this is the preservation part which is triggered by the fact the building has historic significance and the fact that the owners have requested a COA to demolish the historic structure. That allows the town to acquire it and work with a preservation-oriented nonprofit. Mr. Hornik agreed and said there are two or more statutory bases. One is what Mayor Stevens said. There are other public purposes. For example, the town may acquire the property and use it for a museum or town offices or similar public purposes. And there’s also statutory authority that would allow the town, after acquiring the property, to convey it to a preservation nonprofit to ensure the historic character is maintained. Along the lines Commissioner Hallman was talking, that is the way the town would proceed. Mayor Stevens said the town had the option of doing this a year ago and what the board chose to do is invest in a study that looked at how it could be restored and what uses the property could go to. Again, the town has not seen a response to that from the owner. The town has a Demolition by Neglect outstanding from 2009 and court order from 2010, and violations of minimum housing standards and now someone can’t be in it unless with a licensed contractor. I’m sorry we’re at this point but we’re there. There are times the owner has said he wishes people had reached out to him. I know this board has done this. In 2008, there was a conference at Ayr Mount and private developers tried to work with him. At this point, the credibility is important. We need to move forward with this. Mayor Stevens encouraged the board to move forward. Commissioner Weaver asked if the property is acquired and conveyed to a preservation group, would the town have some say to what happens to the building. Mr. Hornik answered there would have to be a preservation agreement with terms, as much as the town wants to have. Commissioner Ferguson said in terms of demolition by neglect, is this lien resolved through this process. Mr. Hornik agreed it’s still outstanding. One way or another it will be taken care of either by judgement or acquisition. October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 Mayor Stevens recognized a number of people wished to speak. 8:11:41 PM Cindy Lee Talisman addressed the board. She said as a homeowner in Hillsborough she is not in favor. The town is losing $10,000 a year in tax revenue. Her tax dollars would be used to pay Mr. Henry. Costs will be in the millions to restore it and for yearly upkeep. The town has 6,300 residents. She asked how this is benefiting the entire town. She also asked whether the board has a plan for the building and the property. She said the board has saddled residents with the cost of the water tower and now wants to saddle with the debt of the Colonial Inn. She asked how much debt can we afford. Commissioner Hallman addressed Ms. Talisman’s comments. He said this can be acquired without any cost to Hillsborough residents. It will generate a higher property tax value than it does now and in the future it will be a net positive to the town. He offered to talk with her and encouraged her to talk with Preservation North Carolina. This may not cost the town anything. As far as the long term debt of the town, we have one of the lowest long term debt ratios in the state. Mayor Stevens agreed, saying one half of a percent is our allowable debt. Commissioner Hallman said her numbers are off base. Ms. Talisman read off numbers about the cost of the water tower and it being over budget. Ms. Talisman said her point right now is that this will cost taxpayers money. Mayor Stevens said there will be not be a tax rate increase because of this. Commissioner Weaver said in Ms. Raulli’s DFI report, one option was showing us how much of a tax increase there would be to renovate the inn and the number was unacceptable to the board. That has never been an option that we’ve considered. Commissioner Ferguson said if the town took on the complete renovation ourselves, which is not on the table, it would be substantial – 4 or 7 cents. It’s not on the table, it’s never been on the table, and it won’t be on the table. Mayor Stevens called names off the list (Terrance, Susan) and no one came forward. 8:17:44 PM Ms. Turner Lawson addressed the board. Ms. Lawson said the Colonial Inn is a part of her. She worked there years ago in the kitchen. She is soon to be 75 and she is thinking about the older people, black and white, who are gone and she would like them to be remembered. She would like a museum there. She’d be happy to volunteer there. 8:20:20 PM Ashley DeSena said she was going to ask about property taxes and maybe that has been answered. She asked whether there have been estimates on the legal fees for this. She asked what if Mr. Henry takes the town to the cleaners in court. Although the DFI study was incredibly thorough, she stated, she does not really see how it would come in under $3 million. She asked if there are any more estimates about the costs of the acquisition because this is ultimately about the transferred ownership of the property. She stated this is a cause of alarm for me because I’ve been dreading this day for five years. The agenda came Friday afternoon which didn’t allow much chance for public comment. The General Assembly might pass something that would keep this from happening next year. What I’ve learned in the past couple of years is the Colonial Inn is October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 more of a concern to downtown than to other parts of Hillsborough. People who live outside of downtown wouldn’t be terribly emotionally affected if the building were demolished. They wouldn’t be terribly affected if that happened. I’m not saying this is like Suzette Kelo and her little pink house. If it’s about public safety, then there’s the option of tearing the building down or the part that’s most dangerous. If it’s not feasible to do anything without raising property taxes or re-evaluating property assessments, then I think the public needs more information about this. She asked how transparent is this process going to be. She stated she thinks she speaks for at least a few people worried about the transparency. Commissioner Hallman said if you think we’re rushing this, speak to the neighbors who feel threatened about a fire. It’s completely transparent. It’s the beginning of a journey. There’s 30 days, then 120 days. This is a process. There’s no attempt to hide anything. There are a lot of pieces we don’t understand. Preservation NC is looking at the DFI model again and revising it. Now the state has given us tax credits and other ways to improve that property. We are not rushing. We are being very prudent. None of us has an irrational desire to save the Colonial Inn. Every one of us are pragmatists. We recognize that there are two options: tear it down, or try to do this. Mayor Stevens said no one is saying we should save this at all costs. We realize there is a definite pay off for Hillsborough. Commissioner Ferguson said as someone who lives outside the Historic District, I have been stopped by people all over town with strong opinions in the last two years. This is not a Historic District issue. This is a town, community, statewide issue. The contacts I receive come from both near and far. This is certainly not a fast process, starting in 2004, being the first time when repairs were requested. That was 11 years ago from an owner who promised the goal was to restore the inn. A decade of promises and taking that long to take this step is being very, very patient. We do take this very seriously. None of us wants to see taxpayer dollars used. We don’t want to see tax increases. But at the same time, we are conscious that this is a community asset and a community icon and as stewards of this asset, we have to take the steps that we can to preserve it. We are recognizing that it is possible that we will fail, but not without the attempt in good faith to preserve this building. Commissioner Weaver said when something good happens in one part of town then that benefits the whole town. Everyone on this board hopes the economic development that will happen at Waterstone won’t just benefit Waterstone. We might fail, but we’ve got to try. It won’t just benefit downtown. It will benefit the entire community. We are a small town and we can’t all live in the same spot, but I hope we rise and fall together. We come to the use of eminent domain very reluctantly. I come to it very reluctantly. This has been a difficult decision but as Commissioner Hallman said in the beginning, we would not be doing our job if we didn’t take some action. 8:30:49 PM Tom Magnuson said you are 10 years tardy but thank you for taking the step now. Because of the current political climate, it takes some courage to do so. 8:31:26 PM Mike Gering thanked the board. Mayor Stevens asked whether anyone else wanted to speak. October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 8:31:57 PM Dale Helsabeck said Eric (Hallman), you’re right but this has been a long journey and I wasn’t privy to it until September. I hope that maybe you would give me a chance to put the building to use. I ask you to bear with me. I intend to move forward to comply with Jerry Wagner. I met him with Mr. Henry, Russ Frazier, and Mr. Henry’s daughter, Right after, I got a permit to demolish the back room. Commissioner Ferguson said we are aware of it and received it. Mayor Stevens said this is the permit that was originally issued in 2007, I believe. Ms. Helsebeck said we’re leaving the brick patio and brick fireplace and hand-notched timbers because those pieces could add value and beauty to what we want to do to restore it. The next thing is address the holes in the ceiling and floors. We just had a fascia board repaired today. We’ve had the lawn mowed. The weed eating is to take place as well as the removal of wood and debris. Just give me the chance along with Mr. Frazier. I think you’ll see us moving forward in good faith. I know the owner is letting me take full authority to do this. The investor in NY, he and I confer daily. He is not opposed to selling this property but he is opposed to selling it for $150,000. We are opposed to the eminent domain. We are working to put this building in order. We will fight this with all the resources we have. He is prepared, and I am prepared to do that. Mayor Stevens said thank you. There is nothing that would prevent you moving forward with those steps as a parallel process. That would certainly be fine. That’s a separate issue. Commissioner Ferguson said I appreciate it. We’re still waiting for your plan. We keep hearing this plan exists. You came to the board twice without one. I appreciate you are in a tough position stepping into a situation that has been going on for more than decade. I don’t have the patience to wait another decade for the plan to come forth. Ms. Helseback said she’s lining up three structural engineers. She reiterated that we are opposed to the eminent domain and we will use our resources to fight it and fight it for full compensation. Commissioner Hallman said the compensation will be determined by an independent appraisal. It’s not what the seller or buyer agrees to. I encourage you to continue in parallel with the action we’re taking tonight. From our perspective, we’re rearranging deck chairs on the Titanic. If you think you can do it on your own, I am more concerned about the building because you’re proposing to spend $3 million on a building for $2 million result on your own. The other thing is that the best predictor of future behavior is past behavior. Ms. Helsabeck said be prepared that the person who is behind here can fix this building. This is not going to stop here. He’s not taking $150,000. He will fight it. Mayor Stevens asked if anyone else wanted to speak. Commissioner Hallman added that in previous discussion, there was mention of what Myrick Howard of Preservation NC thinks. We all received an email from Mr. Howard. He is entering it in the public record. It states that Mr. Howard supports the board’s effort, notes the building’s statewide significance and offers his help. October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 8:41:48 PM Hallman made motion to direct the town attorney to begin eminent domain proceedings on the Colonial Inn. Commissioner Ferguson seconded. Mayor Stevens noted that we have some handwritten comments from people who don’t want to speak, three pages long, encouraging people to make efforts to save the inn. These are entered into the public record. Mr. Hornik noted he edited the resolution this afternoon. All board members have a revised copy. Mayor Stevens read the resolution. 8:45:49 PM The board approved the resolution with a unanimous vote of 5-0. Mayor Stevens said this is a sensitive issue and not one we take lightly. D.Hot Topics for the October 26, 2015 Board of Commissioners Work Session Mr. Peterson reviewed there would be an update on phase 3 improvements downtown, may have update on storm water utility fund, and the annual balanced score card will be at November workshop. Commissioner Ferguson asked about the affordable housing policy. 8:47:48 PM Commissioner Lowen made a motion to go into closed session. Commissioner Weaver seconded. The motion carried upon a unanimous vote of 5-0. 12. CLOSED SESSION A.Closed Session as authorized by North Carolina General Statute Section 143-318.11(a)(3) to consult with the Town Attorney in order to preserve the attorney-client privilege B.Closed Session as authorized by North Carolina General Statute Section 143-318.11(a)(5) to discuss and give direction to staff regarding negotiating terms for the possible acquisition of real property 13. ADJOURN 9:03:47 PM Commissioner Hallman made a motion to adjourn. Commissioner Weaver seconded. The motion carried upon a unanimous vote of 5-0. Respectfully submitted, Katherine M. Cathey Town Clerk October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2015-2016 DATES: 10/12/2015 TO 10/12/2015 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 10/12/2015 200,000.00 -4,500.00Construction for Riverwalk-CMAQ 2564 94,319.00EBRADFORD 10-10-4900-5300-453 C.S./ENG REVIEW 10/12/2015 60,000.00 -5,000.00Consulting for Riverwalk-CMAQ 2560 55,000.00EBRADFORD 10-71-6200-5970-924 TRANSFER TO RIVERWALK - CMAQ 10/12/2015 0.00 9,500.00Consulting & Construction for Riverwalk-2561 9,500.00EBRADFORD 30-80-8140-5300-330 DEPARTMENTAL SUPPLIES 10/12/2015 104,000.00 -417.00Replace Computers 2573 103,583.00EBRADFORD 30-80-8140-5300-338 SUPLIES-DATA PROCESSING 10/12/2015 2,500.00 834.00Replace Computers 2574 3,334.00EBRADFORD 30-80-8200-5300-165 MAINTENANCE - INFRASTRUCTURE 10/12/2015 10,000.00 8,000.00Generator Repairs 2557 18,000.00EBRADFORD 30-80-8200-5300-330 DEPARTMENTAL SUPPLIES 10/12/2015 82,000.00 -417.00Replace Computers 2575 81,583.00EBRADFORD 30-80-8200-5700-741 CAPITAL/EQUIPMENT 10/12/2015 75,000.00 -8,000.00Generator Repairs 2558 67,000.00EBRADFORD 44-10-6200-5700-045 DESIGN/CONSTRUCTION DOCUMENTS 10/12/2015 0.00 5,000.00Consulting for Riverwalk-CMAQ 2563 13,500.00EBRADFORD 44-10-6200-5700-720 CONSTRUCTION 10/12/2015 0.00 4,500.00Construction for Riverwalk-CMAQ 2565 -4,000.00EBRADFORD 44-70-3870-3870-100 TRANSFER FROM GENERAL FUND 10/12/2015 0.00 9,500.00Consulting & Construction for Riverwalk-2562 9,500.00EBRADFORD 19,000.00 EBRADFORD 4:50:43PM10/06/2015 fl142r03 Page 1 of 1 APPROVED: 5-0 On: October 12, 2015 VERIFIED: _____________________________________________ October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 Ordinance #20151012-10.C AN ORDINANCE AMENDING TOWN CODE SECTION 14- 13(a) REGARDING WATER/SEWER BILLS Be it ordained by the Board of Commissioners of the Town of Hillsborough as follows: Section 1. Town Code Section 14-13(a) is amended to read as follows: Bills shall be mailed not later than the first of each month and become delinquent if not paid by the close of business hours on the 25th of each month. A late penalty charge of 15 percent will be assessed at 6:00 p.m. on the 25th to all delinquent accounts. If the bill is not paid in full or otherwise resolved by the close of the business day on the 25th of the second month (or the first working day after the 25th if the 25th falls on a weekend or holiday), the meter will be turned off and locked. There will be a delinquency fee (refer to the town's fees, rates and charges schedule) added to the account. Service will be reconnected when all bills, late penalty and delinquency fee are paid in full. Termination of service for non-payment will not take place on Friday or the day before a holiday. If any tampering to the meter or service connection occurs, the meter will be locked and a tampering fee will be assessed. Subsequent tampering violation fees are four times the first charge (refer to the town's fees, rates and charges schedule). Service will not be reconnected until all tampering fees are paid in full or a payment arrangement is approved. Repeated tampering will result in removal of the meter. Section 2. Any Town ordinance in conflict with this ordinance is hereby repealed. Section 3. This ordinance shall take effect immediately upon its adoption. WHEREFORE, the foregoing Resolution was put to a vote of the Town of Hillsborough Board of Commissioners, on this 12th day of October, 2015. Ayes : 5 Noes: 0 Absent or excused: 0 ______________________________________ Katherine Cathey, Town Clerk October 12, 2015 Board of Commissioners Regular Meeting Approved: _______________ Page 12 of 24 November 9, 2015 AN ORDINANCE AMENDING TOWN CODE SECTION 14-15 REGARDING WATER/SEWER LEAK ADJUSTMENTS Be it ordained by the Board of Commissioners of the Town of Hillsborough as follows: Section 1. Town Code Section 14-14 is amended to read as follows: Sec. 14-15. - Calculation of bill where equipment fails and leak adjustments. (a)If the seal of the meter is broken by other than the town's representative or in the event that the meter fails to register the use of water, the customer shall be charged the amount computed using the appropriate following formula for a period in which the meter failed to register: (1)The customer’s bill will be recalculated based on the average of the previous six months of usage. (b)If the customer demonstrates to the reasonable satisfaction of the town that a break in the water line on the customer's side of the meter has resulted in extraordinary charges for a billing period, the town may recompute the customer’s bill using the procedures set forth in subsection (a) of this section. (1)The customer will be allowed one leak adjustment per year when sufficient documentation of prompt repair has been provided from a plumber or maintenance person. If the customer repaired the leak himself, he may provide a receipt for item(s) purchased. The customer must request a leak adjustment no later than three months after the billing date on the bill to which the leak adjustment is to be made. Section 2. Any Town ordinance in conflict with this ordinance is hereby repealed. Section 3. This ordinance shall take effect immediately upon its adoption. WHEREFORE, the foregoing Resolution was put to a vote of the Town of Hillsborough Board of Commissioners, on this 12th day of October, 2015 Ayes: 5 Noes: 0 Absent or excused: 0 ______________________________________ Katherine Cathey, Town Clerk Ordinance #20151012-10.D(1) October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 AN ORDINANCE ADDING NEW TOWN CODE SECTION 14-6A REGARDING MEDICAL ALERT STATUS Be it ordained by the Board of Commissioners of the Town of Hillsborough as follows: Section 1. Town Code Chapter 14, Utilities, is amended to add a new Section 14-6A, Medical Alert Status, to read as follows: 14-6A Medical alert status — a designation assigned a customer in the billing system who should receive documented acknowledgement of impending termination of water/sewer service for non-payment (a)Establishing Medical Alert Status: 1.The customer is required to submit a letter from their doctor, on official letterhead, indicating the medical need for continued water service to the residence. No diagnosis is required. 2.The Billing and Collections staff will add the “medical alert” special condition for a period of one (1) year, upon receipt of the letter. This code will prevent automatic addition to the routine cut- off list. Also, a reminder will be set up for thirty days prior to the expiration date will alert staff to start the renewal process 3.The Billing and Collections staff will scan the physician’s letter and attach to the customer’s account along with a notation of the status in contacts. (b) Delinquent Account Procedure: 1.When an account becomes delinquent, the Billing and Collections send a certified letter to the customer. This letter will indicate the date of disconnection and informs the customer to make other arrangements for water service, if payment or arrangements are not made. Unless otherwise instructed by a Supervisor, the disconnection should be two weeks from the date of the letter. 2.If the customer makes payment arrangements, Customer Service staff will note dates and amounts of payments using special condition codes to trigger follow-up. 3.If the certified mail receipt is returned as acknowledged by the customer but the customer neither pays the bill nor contacts the office by the date given in the letter, Billing and Collections staff shall prepare a work order to have water/sewer service disconnected. Ordinance #20151012-10.D(2) October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 4.If the certified mail receipt indicates no delivery or the post office does not return the receipt, Customer Service staff should contact Supervisor or Manager for further instructions. (c) Renewal of Medical Alert Status 1.One month prior to the final stop date of the medical alert the customer will be sent a letter) notifying the customer of how to extend the medical alert another year. 2.If the appropriate information is not received by the final stop date, the medical alert code should be removed by the Billing and Collections staff. The customer will then be subject to standard disconnection procedures until the appropriate paperwork is received. Section 2. Any Town Ordinance in conflict with this Ordinance is hereby repealed. Section 3. This Ordinance shall take effect immediately upon its adoption. WHEREFORE, the foregoing Resolution was put to a vote of the Town of Hillsborough Board of Commissioners, on this 12th day of October, 2015. Ayes: 5 Noes: 0 Absent or excused: 0 ______________________________________ Katherine Cathey, Town Clerk Ordinance #20151012-10.D(2) October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 AN ORDINANCE AMENDING SECTION 8-70, MOBILE FOOD VENDORS, OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 8-72 of the Town Code is amended to add “Mobile food vendors include both street vending units and sidewalk vending units” to the end of the definition of “mobile food vendor”. Section 2. Section 8-72 of the Town Code is amended to delete “that does not exceed eight feet in width or twenty-five feet in length and that is removed each day from the location where the food is sold” from the definition of “street vending unit”. Section 3. Section 8-72 of the Town Code is amended to add “Street vending units may be trailer or motor vehicle mounted” to the end of the definition of “street vending unit”. Section 4. Section 8-73(b) is hereby deleted. Section 5. Section 8-73(c) is amended to add “collect and” after “must.” Section 6. Section 8-73(e) is amended to read: e) When the proposed sales location is within 200 feet of a dwelling, no vendor may operate for more than 9 consecutive hours daily or outside of the time period of 8 AM to 9 PM. When the proposed sales location is not within 200 feet of a dwelling the hours of operation may match the hours of surrounding business operations within 500 feet. Section 7. Section 8-73(f) is hereby added to read: f) The vehicle may remain on site, if the property owner allows, when it is not in use. Section 8. The subsection of Section 8-73 are re-lettered to accommodate the deletions and additions in sections 4-7 of this ordinance. Section 9. Section 8-74 is hereby amended by deleting the phrase “in conjunction with the privilege license required by Town Code Chapter 8” and by adding “by the Finance Department in conjunction with registering to pay prepared Food and Beverage Taxes” Section 10. Section 8-75 is hereby amended to replace “Finance” with “Planning” and add the word “internally” after “referred” and delete “Planning Department” from the list of referred departments in the first sentence. Ordinance #20151012-11.B October 12, 2015 Board of Commissioners Regular Meeting Approved: _______________ Page 16 of 24 November 9, 2015 Section 11. Section 8-75 is further amended to add “Once the internal review is complete, the application shall be signed by Planning Department staff and returned to the applicant. The applicant will then be referred to the Finance Department to be registered with the Food and Beverage Tax and pay for and receive the mobile food vendor permit.” Section 12. Section 8-77 is hereby amended to delete “which may be” and “privilege license and” and add “collection and” before “payment”. Section 13. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 14. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this day of , 2015. Ayes: Noes: Absent or Excused: Katherine M. Cathey, Town Clerk Ordinance #20151012-11.B October 125 00 October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 Resolution #20151012-11.C RESOLUTION OF THE TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS AUTHORIZING COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO NORTH CAROLINA GENERAL STATUTES SECTION 40A-3, ET UX WITH RESPECT TO PROPERTY KNOWN AS 153 WEST KING STREET, HILLSBOROUGH, NORTH CAROLINA (ORANGE COUNTY PIN 9864968196) Dated: October 12, 2015 WHEREAS, the Town of Hillsborough Board of Commissioners identified the Property located at 153 West King Street, Hillsborough, North Carolina; (Orange County PIN 9864968196; the “Colonial Inn Property”) as a property with importance and significance to the Town of Hillsborough; WHEREAS, the Colonial Inn Property is a contributing structure located in the designated local Historic District of Hillsborough, an historic district listed in the National Register of Historic Places, and the Colonial Inn Property is listed in the National Register of Historic Places; WHEREAS, the Colonial Inn Property is in a state of disrepair, and its condition appears to be deteriorating; WHEREAS, the Colonial Inn Property has been condemned by the Town of Hillsborough Fire Marshal as unsafe; WHEREAS, the Colonial Inn Property was determined to have “Statewide Significance” by the State Historic Preservation Office in December 2003; WHEREAS, the owner of the Colonial Inn Property sought a Certificate of Appropriateness to demolish the Colonial Inn in June 2014; WHEREAS, the Town Board deems the preservation of the Colonial Inn Property to be of sufficient public importance to exercise its authority to acquire the Property via eminent domain pursuant to North Carolina General Statutes Section 40A-3(b)(8); WHEREAS, the Town Board contemplates that the Colonial Inn Property may be preserved and that some portion or all of the Colonial inn Property may be used for recreational purposes as authorized by North Carolina General Statutes Section 40A- 3(b)(3), and/or as a museum or library as authorized by North Carolina General Statutes Section 40A-3(b)(5), or as office space for one or more Town departments, boards, or commissions as authorized by North Carolina General Statutes Section 40A-3(b)(6). NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of Commissioners as follows: October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 Resolution #20151012-11.C That the Town of Hillsborough authorizes the Town Attorney and other appropriate Town Staff to commence proceedings pursuant to Chapter 40A of the North Carolina General Statutes to acquire the Colonial Inn Property via eminent domain and the Town Attorney is hereby directed to provide the owner of the Colonial Inn Property with Notice of the Town’s intent to commence eminent domain proceedings in accordance with North Carolina General Statutes Section 40A-40. WHEREFORE, the foregoing Resolution was put to a vote of the Town of Hillsborough Board of Commissioners on this 12th day of October, 2015, the result of which vote was as follows: Ayes: 5 Noes: 0 Absent or Excused: 0 ____________________________________ Katherine M. Cathey Town Clerk October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015 October 12, 2015 Board of Commissioners Regular Meeting Approved: November 9, 2015