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HomeMy Public PortalAbout02-27-17 Work SessionHillsborough Board of Commissioners Monthly Work Session Minutes 7 p.m. Feb. 27, 2017 Town Barn, 101 E. Orange St. PRESENT: Mayor Tom Stevens and Commissioners Mark Bell, Kathleen Ferguson, Evelyn Lloyd, Brian Lowen, and Jenn Weaver STAFF PRESENT: Town Manager Eric Peterson, Assistant Town Manager/Planning Director Margaret Hauth, Assistant to the Town Manager Jen Della Valle, Human Resources Director/Town Clerk Katherine Cathey, Public Information Specialist Cheryl Sadgrove, and Town Attorney Bob Hornik ABSENT (EXCUSED): None 1. Open the workshop 7:04:39 PM Mayor Stevens opened the work session. 2.Agenda changes and agenda approval 7:04:52 PM Mayor Stevens added an item to allow general comment from members of the Orange County Schools Board of Education. 7:05:46 PM Donna Coffey, member of the school board, said that she and Brenda Stephens had come on behalf of the school board to say that as the town considers future developments, the school board would like to be considered a collaborating partner to let the town know the school board’s concerns and joys regarding growth. Commissioner Ferguson said she knew the school board had submitted a letter regarding the Collins Ridge development and asked about the concerns. Ms. Coffey answered that the school board is most concerned about capacity issues. The school board is looking at some assignment plans and would have preferred to assign Collins Ridge to schools rather than stating there was no assignment plan, she said. Mr. Hornik advised the town board and Ms. Coffey to be careful not to receive any new information because decisions about the Collins Ridge development are handled by a quasi-judicial process. When asked, he said it was OK to talk about what is in the original master plan. Commissioner Ferguson asked, in hindsight, what could have happened differently. She said her understanding is that the town had attempted to reach out to Orange County Schools. She said the town had received information, but she would like to know what the town board could have done differently. Ms. Coffey suggested that the two boards could meet as a group to talk about what might have best served everybody. Commissioner Lowen said many years ago he was one of the founding members of the Schools Adequate Public Facilities Ordinance committee. He asked whether the ordinance is not working. Ms. Hauth said part of the issue is there is an incredible lag. Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 1 of 11 Ms. Coffey said the ordinance catches growth after it has occurred. As new development gets approved, it doesn’t get programmed into the ordinance’s processes until the students come to school. The county is looking at tweaking the ordinance. Mayor Stevens suggested joint meetings or receptions and thanked Ms. Coffey and Ms. Stephens for attending. 3. Committee updates and reports 7:11:50 PM Commissioner Ferguson reported that the Partnership to End Homelessness would be meeting the following night and that the Orange County Home Consortium met. Commissioner Weaver reported that the Orange County Food Council held its first community forum the previous week, which had good turnout and broad participation. Commissioner Lloyd reported she had attended an Orange Rural Fire Department meeting and there was nothing new to report. Mayor Stevens reported the Hillsborough/Orange County Chamber of Commerce has been working on a plan of events in the coming year. The town’s key sponsorships will be the holiday parade and home tour. Commissioner Bell said he attended a meeting of the Chapel Hill/Orange County Visitors Bureau in mid- February and the takeaway was a report on the financials of tourism. The opening of new hotels is bringing down prices, and existing hotels aren’t happy about it, he said. 7:14:46 PM Ms. Della Valle reported the Citizens Academy starts next week and 30 people signed up. 4. Miscellaneous budget amendments and transfers 7:15:14 PM Commissioner Lowen moved to approve the budget amendments and transfers. Commissioner Ferguson seconded. The motion carried upon a unanimous vote of 5-0. 5. Consideration of a consistency statement and ordinance to amend Table 5.1.6 of the Unified Development Ordinance to list child daycare as a conditional use in the General Industrial District 7:15:27 PM Ms. Hauth said the Planning Board had engaged in additional detailed conversation regarding this item to accommodate a request from an existing daycare center required to relocate and noted for the record that childcare is not a best use for general industrial zoning. The board suggested writing a sunset provision into the amendment or tying a time limit to the conditional use permit. Ms. Hauth said she wrote the amendment so that the text would expire on Dec. 31, 2017. That timeframe would give the applicant time to build and occupy. She advised that this board can adjust or remove the date. She said the Planning Board voted to recommend approval with a vote of 6-2. The two who were opposed didn’t want the text amendment at all rather than opposing the time limit. Commissioner Ferguson said she shared the concern that if you have daycare, it can ruin general industrial development. She asked whether an industry could have an internal daycare. Ms. Hauth answered yes, as the amendment is written. But, she said, this is a freestanding childcare center that the amendment would also allow. The town doesn’t have a regulatory axe that keeps an industry from locating next to a daycare, she said. It may cause some businesses to choose not to locate on Elizabeth Brady Road. Commissioner Ferguson said industry wants to locate next to industry. She said that’s a poor location for Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 2 of 11 daycare with the exception of an in-house daycare for employees. Mayor Stevens noted the Board of Commissioners did not have the benefit of the Planning Board minutes this time and asked Ms. Hauth if there were any more comments. Ms. Hauth said this is a unique circumstance with a specific provider who has an overlapping mission with Orange Enterprises. Therefore, it seemed more like an in-house daycare but not really because these are not the children of the employees at Orange Enterprises. Some Planning Board members focused greatly on the specific request and not so much about the overall impact of a text amendment, she said. Mayor Stevens said the town is not likely to see other applications. Ms. Hauth said there are a limited number of industrial uses in town where this being a nearby use would be a problem. There are a limited number of those lots that are vacant and available for development. The likelihood of a daycare center deciding to locate next to the concrete plant on Valley Forge Road is not so high. Mayor Stevens added that it would also require a conditional use permit and, therefore, would go before the Board of Adjustment. Ms. Hauth said the special use permit route was not pursued because of the time constraint. The board can limit the time the amendment is available, she said. Commissioner Ferguson said she can support this amendment with the expiration. Commissioner Lowen agreed. 7:25:15 PM Commissioner Ferguson moved approval of the consistency statement and amendment to the Unified Development Ordinance. Commissioner Lowen seconded. The motion carried upon a unanimous vote of 5-0. 6. Provide feedback to property owner representative regarding annexation, development potential, and utility availability for approximately 80 acres on N.C. 86 North 7:25:39 PM Mayor Stevens asked Ms. Hauth for a reminder on the Future Land Use Plan. She answered that it was last amended in 2016 but a comprehensive look was last conducted in 2013. It’s a map and has a binding nature to it, she said. In some ways, the map is preferred to be a little more static and a little less of a living document because people make decisions about their property based on the map, Ms. Hauth said. Ms. Hauth noted that the Future Land Use Map has the land in question designated for a mixed residential neighborhood with three to eight dwelling units per acre with some small non-residential development. The properties across N.C. 86 and to the south were set for employment and retail in an attempt to move an activity node north of U.S. 70 so that perhaps some folks from the north could stop there and have their retail and employment needs met without traveling all the way down Churton Street or to the interstates. It would put some activity out where the schools are, Ms. Hauth said. Mayor Stevens said the board has been very reluctant about any type of significant residential development there, but this is what the Future Land Use Plan designates. Ms. Hauth said she explained to the broker, Wayne Honeycutt, that the Future Land Use Plan is not an immediate plan the town would develop now but more of a plan for 5 to 10 years from now. Commissioner Ferguson asked why residential was squeezed between the two light industry retail services. It looks like the mixed residential use is surrounded, she said, and asked, what was the rationale. Ms. Hauth answered there wasn’t that much need for commercial/retail there. On the Future Land Use Map, coloring that section all retail/employment would be unreasonable for a community of Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 3 of 11 Hillsborough’s size. Those colors have moved around that intersection, but there’s always been a mix, Ms. Hauth said. 7:30:31 PM Mr. Honeycutt addressed the board. He said he had come up with four options for his client. The back lot is contiguous with the new high school on N.C. 57. It is a unique piece of property and is high profile coming in from the north. It gives Hillsborough the chance to set the tone, he said. He said he thinks retail would eventually come. Water and sewer do touch the property. The first option would be an annexation, and four developers are interested in doing a first-class mixed residential development, he said. The development would have fewer than 200 dwelling units. Mr. Honeycutt said he has talked with Orange County and Planner Michael Harvey is interested in a village concept at this site. It would require water and sewer service from Hillsborough but not annexation. The third option is to work under the county regulations and divide the property into 40 to 50 lots. Mr. Honeycutt said the issue with this piece of property is it is in an estate, and the estate must be settled out. The property must sell, he said, noting it is an opportunity for Hillsborough to have a say. He said he has one developer interested in putting in 40 or 50 lots with no town water or sewer service and no annexation. The fourth option is to divide the property into 10 tracts, each 15 acres. That would reduce the value of the estate and take development off the table. Mayor Stevens said he could appreciate some of the benefits. The town is kind of swamped with residential now. We know our water capacity, and we can certainly add residential to that, he said. We’re concerned about the quality of the developments. We’ve been very reluctant of approving residential developments up that way. He added that flex space sounds interesting and there’s enormous need for that. He said flex space would be very interesting, especially if the developers were going to do some live/work development. Mr. Honeycutt said Mr. Harvey suggested that. To develop the property in that way would require water and sewer service. Mayor Stevens said the board is eager for commercial development, for that kind of development that is non-retail. So, off the top of our heads, not knowing any details, that is particularly appealing, he said. Commissioner Ferguson said the flex space and commercial space is needed. She said she is interested in the planned residential development and believes it would help the North Hills development and the rest of the U.S. 70 corridor development. At the same time, where it’s situated, unlike some of the other developments that seemed to be hanging out, this seems to contribute with the school and commercial development. I could live with 100 units, she said. She added she would be open to hearing plans. Mr. Honeycutt, reverting to the flex space idea, said the county’s planner was referring to flex development and the village concept and not flex space. Ms. Hauth said she didn’t think the county was thinking flex space but rather different kinds of housing. Mr. Harvey was likely suggesting something like Forest Ridge with large lots and small lots and different kinds of housing, she said. Mr. Honeycutt said that’s correct. Commissioner Lloyd said the town would never annex all the way up there. Mr. Honeycutt asked about water and sewer service. Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 4 of 11 Mayor Stevens said, if we don’t annex now, we won’t annex later. One of the primary things we look at is connectivity. There’s not much of a prospect to get an annexation if it’s not contiguous. Mayor Stevens said the notion of more houses now is not appealing. Mr. Honeycutt said, so my best bet is to work with the county. Mayor Stevens said the board recognizes it doesn’t have a lot of control of the timing. The timing would be better 5 to 10 years from now. Commissioner Lowen said in the past he has been one of the most pro-growth advocates on the board, but he can’t swallow this pill. He said he thinks if the town extended water and sewer service, a developer would try to maximize the amount of development. He expressed interest in what the county would decide to do. Commissioner Bell said Commissioner Lowen’s comments capture his thinking. There was a suggestion to ask Orange County Schools whether it would be interested in purchasing land for a school. Mr. Honeycutt asked whether water and sewer development was off the table. Mayor Stevens said for residential, yes. But he said to come back with a commercial plan with some small residential. Even a little business park with flex space, he said, noting that people are falling over themselves to get flex space. Commissioner Weaver said her thoughts were captured in the others’ comments. 7. Board retreat preparation 7:55:01 PM Mr. Peterson thanked Commissioner Lowen for coordinating use of space at the Hillsborough campus of UNC Hospitals. He said one addition to the retreat agenda is discussion about top department priorities. Commissioner Ferguson congratulated staff on the budget document. 8. Other business 7:58:54 PM Commissioner Weaver moved to go into closed session. Commissioner Ferguson seconded. The motion carried upon a unanimous vote of 5-0. 9. Closed session a. Closed session as authorized by N.C. General Statute Section 143-318.11(a)(3) to consult with the town attorney to preserve the attorney-client privilege (Colonial Inn) b. Closed session as authorized by N.C. General Statute Section 143-318.11(a)(3) to consult with the town attorney to preserve the attorney-client privilege (potential litigation) c. Closed session as authorized by N.C. General Statute Section 143-318.11(a)(3) to consult with the town attorney to preserve the attorney-client privilege (potential litigation) 10. Adjourn Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 5 of 11 8:31:40 PM Commissioner Ferguson moved to adjourn. Commissioner Bell seconded. The motion carried upon a unanimous vote of 5-0. Respectfully submitted, Katherine M. Cathey Town Clerk Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 6 of 11 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2016-2017 DATES: 02/27/2017 TO 02/27/2017 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-4200-5100-010 OVERTIME COMPENSATION 02/27/2017 150.00 1,000.00To cover overage in overtime compensatio 6144 1,150.00JDELLAVAL 10-10-4200-5300-112 POSTAGE 02/27/2017 3,000.00 -1,000.00To cover overage in overtime compensatio 6143 2,000.00JDELLAVAL 10-10-4200-5300-570 MISCELLANEOUS 02/27/2017 8,314.00 -150.00To cover overage in Cont. Ed & Tuition 6145 8,164.00JDELLAVAL 10-10-4200-5300-600 CONTINUING EDUCATION & TUITION REIM 02/27/2017 7,500.00 150.00To cover overage in Cont. Ed & Tuition 6146 7,650.00JDELLAVAL 10-10-4300-5100-010 OVERTIME COMPENSATION 02/27/2017 0.00 250.00To cover overage in Overtime Compensat 6148 250.00JDELLAVAL 10-10-4300-5300-330 DEPT. SUPPLIES 02/27/2017 682.00 1,856.00To cover overage due to Encore Broadcas 6160 2,538.00JDELLAVAL 10-10-4300-5300-570 MISCELLANEOUS 02/27/2017 4,000.00 -250.00To cover overage in Overtime Compensat 6147 2,035.00JDELLAVAL 02/27/2017 4,000.00 -1,856.00To cover overage due to Encore Broadcas 6159 179.00JDELLAVAL 10-10-4900-5100-020 SALARIES 02/27/2017 220,762.00 35,750.00Transfer from personnel exp. to salary & b 6150 256,512.00JDELLAVAL 10-10-4900-5100-021 PERSONNEL EXPANSION 02/27/2017 51,599.00 -51,599.00Transfer from personnel exp. to salary & b 6149 0.00JDELLAVAL 10-10-4900-5120-050 FICA 02/27/2017 16,888.00 2,507.00Transfer from personnel exp. to salary & b 6151 19,395.00JDELLAVAL 10-10-4900-5125-060 HOSPITALIZATION 02/27/2017 24,601.00 8,812.00Transfer from personnel exp. to salary & b 6152 33,413.00JDELLAVAL 10-10-4900-5125-061 LIFE/DISABILITY/VISION 02/27/2017 1,291.00 237.00Transfer from personnel exp. to salary & b 6153 1,528.00JDELLAVAL 10-10-4900-5125-062 DENTAL INSURANCE 02/27/2017 889.00 280.00Transfer from personnel exp. to salary & b 6154 1,169.00JDELLAVAL 10-10-4900-5127-070 RETIREMENT 02/27/2017 16,005.00 2,376.00Transfer from personnel exp. to salary & b 6155 18,381.00JDELLAVAL 10-10-4900-5127-071 401(K) RETIREMENT SUPP. 02/27/2017 11,038.00 1,637.00Transfer from personnel exp. to salary & b 6156 12,675.00JDELLAVAL 10-10-4900-5300-112 POSTAGE 02/27/2017 1,500.00 -250.00To cover overage from PC Desktop purch 6157 1,250.00JDELLAVAL 10-10-4900-5300-338 SUPPLIES - DATA PROCESSING 02/27/2017 1,600.00 250.00To cover overage from PC Desktop purch 6158 1,850.00JDELLAVAL 10-10-6610-5300-458 DATA PROCESSING SERVICES 02/27/2017 132,500.00 -1,500.00Dashcam Server License 6161 136,645.85EBRADFORD 10-20-5110-5300-113 LICENSE FEES 02/27/2017 1,500.00 1,500.00Dashcam Server License 6162 3,000.00EBRADFORD 30-70-3870-3872-001 TRANSFER FROM CAPITAL RESERVE-SEWER 02/27/2017 458,679.00 200,000.00Cascade Aeration Project 6168 658,679.00EBRADFORD 30-71-8220-5982-000 TRANSFER TO CAPITAL IMPROVEMENT FUN 02/27/2017 253,000.00 200,000.00Cascade Aeration Project 6167 453,000.00EBRADFORD EBRADFORD 8:19:05PM02/20/2017 fl142r03 Page 1 of 3 Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 7 of 11 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2016-2017 DATES: 02/27/2017 TO 02/27/2017 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 35-30-5900-5100-020 SALARIES 02/27/2017 74,566.00 44,500.00Move Personnel Exp funds to salary/bene 6128 119,066.00EBRADFORD 35-30-5900-5100-021 PERSONNEL EXPANSION - SALARIES 02/27/2017 62,902.00 -62,902.00Move funds to salary/benefits accts 6127 0.00EBRADFORD 35-30-5900-5120-050 FICA 02/27/2017 5,704.00 3,405.00Move Personnel Exp funds to salary/bene 6129 9,109.00EBRADFORD 35-30-5900-5125-060 HOSPITALIZATION 02/27/2017 8,923.00 8,924.00Move Personnel Exp funds to salary/bene 6130 17,847.00EBRADFORD 35-30-5900-5125-061 LIFE/DISABILITY/VISION 02/27/2017 484.00 300.00Move Personnel Exp funds to salary/bene 6131 784.00EBRADFORD 35-30-5900-5125-062 DENTAL 02/27/2017 323.00 324.00Move Personnel Exp funds to salary/bene 6132 647.00EBRADFORD 35-30-5900-5127-070 RETIREMENT 02/27/2017 5,406.00 3,227.00Move Personnel Exp funds to salary/bene 6133 8,633.00EBRADFORD 35-30-5900-5127-071 401(K) RETIREMENT SUPPLEMENT 02/27/2017 3,728.00 2,222.00Move Personnel Exp funds to salary/bene 6134 5,950.00EBRADFORD 35-30-5900-5300-080 TRAVEL AND TRAINING 02/27/2017 2,000.00 1,500.00Move Personnel Exp funds to operations a 6135 3,500.00EBRADFORD 35-30-5900-5300-110 TELEPHONE/INTERNET 02/27/2017 840.00 700.00Move Personnel Exp funds to operations a 6136 1,540.00EBRADFORD 35-30-5900-5300-310 GASOLINE 02/27/2017 1,500.00 1,000.00Move Personnel Exp funds to operations a 6137 2,500.00EBRADFORD 35-30-5900-5300-320 SUPPLIES - OFFICE 02/27/2017 300.00 300.00Move Personnel Exp funds to operations a 6138 600.00EBRADFORD 35-30-5900-5300-338 SUPPLIES - DATA PROCESSING 02/27/2017 0.00 2,000.00Move Personnel Exp funds to operations a 6139 2,000.00EBRADFORD 35-30-5900-5300-350 UNIFORMS 02/27/2017 200.00 700.00Move Personnel Exp funds to operations a 6140 900.00EBRADFORD 35-30-5900-5300-530 DUES AND SUBSCRIPTIONS 02/27/2017 1,000.00 750.00Move Personnel Exp funds to operations a 6141 1,750.00EBRADFORD 35-30-5900-5300-600 PERSONNEL EXPANSION - OP COSTS 02/27/2017 6,950.00 -6,950.00Move Personnel Exp funds to operations a 6142 0.00EBRADFORD 69-70-3870-3870-000 TRANSFER FROM WATER FUND 02/27/2017 2,159,935.00 200,000.00Cascade Aeration Project 6169 2,912,935.00EBRADFORD 69-80-8220-5700-736 EFFLUENT AERATION PROJECT 02/27/2017 132,000.00 200,000.00Cascade Aeration Project 6170 585,000.00EBRADFORD 70-70-3870-3870-000 TRANSFER FROM WATER FUND 02/27/2017 3,006,985.00 303,170.00Adj. to reflect FY16 Cap Fees received up 6163 3,310,155.00EBRADFORD 70-70-3870-3870-100 TRANSFER FROM SEWER FUND 02/27/2017 4,054,528.00 398,817.29Adj to reflect FY16 Cap Fees received up 6165 4,453,345.29EBRADFORD 70-71-6900-5970-920 TRANSFER TO WATER FUND 02/27/2017 4,228,635.00 200,000.00Cascade Aeration Project 6172 4,428,635.00EBRADFORD 70-80-6900-5700-730 CAPITAL IMPROV.- WATER EBRADFORD 8:19:05PM02/20/2017 fl142r03 Page 2 of 3 Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 8 of 11 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2016-2017 DATES: 02/27/2017 TO 02/27/2017 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 02/27/2017 773,538.00 303,170.00Adj. to reflect FY16 Cap Fees received up 6164 1,076,708.00EBRADFORD 70-80-6900-5700-731 CAPITAL IMPROV.- SEWER 02/27/2017 2,091,245.00 398,817.29Adj to reflect FY16 Cap Fees received up 6166 2,490,062.29EBRADFORD 02/27/2017 2,091,245.00 -200,000.00Cascade Aeration Project 6171 2,290,062.29EBRADFORD 2,203,974.58 EBRADFORD 8:19:05PM02/20/2017 fl142r03 Page 3 of 3 Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 9 of 11 Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hillsborough Town Board has received and reviewed the application of planning staff to amend the Town of Hillsborough Unified Development Ordinance as follows: Amend Table 5.1.6, uses in the non-residential districts, of the Unified Development Ordinance to list child day care as a conditional use in the General Industrial district The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan, and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): The amendment creates an opportunity for a valued use within the community to relocate within a very compressed time schedule. As of the date of this amendment, the proposed use is not inconsistent with uses in the surrounding vicinity. Adopted by the Town of Hillsborough Board of Commissioners this 27th day of February, 2017. _______________________________ Town Clerk Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 10 of 11 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Table 5.1.6, Uses in non-residential districts, of the Unified Development Ordinance to list child day care as a conditional use in the General Industrial district Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. Section 4. The provisions of this ordinance shall sunset and the previous language shall be in effect at the close of business on December 31, 2017. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 27th day of February, 2017. Ayes: Noes: Absent or Excused: Katherine M. Cathey, Town Clerk Feb. 27, 2017 Board of Commissioners Monthly Work Session Approved: March 13, 2017 Page 11 of 11