HomeMy Public PortalAbout09-12-2011 Regular Session Closed SessionSeptember 12, 2011 Regular Meeting Closed Session
Approved: October 10, 2011
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CLOSED SESSION MINUTES
HILLSBOROUGH TOWN BOARD
September 12, 2011
7:00 PM, Town Barn
PRESENT: Mayor Tom Stevens, Mike Gering, L. Eric Hallman, Evelyn Lloyd, and Brian Lowen.
ABSENT: Commissioners Frances Dancy
STAFF PRESENT: Town Manager Eric Peterson, Assistant Town Manager/Public Works Director
Nicole Ard, Town Clerk/Director of Administration and Human Resources Donna Armbrister, Planning
Director Margaret Hauth, Town Engineer/Utilities Director Kenny Keel, Police Chief Duane Hampton,
Budget and Management Analyst Emily Bradford, and Finance Director Greg Siler.
11.CLOSED SESSION
Mayor Tom Stevens opened the Closed Session.
A.Closed Session as authorized by North Carolina General Statute Section 143-318.11 (a)(3)
regarding update on Legal Matter involving property acquisition - Riverwalk under Attorney-
Client Privilege
Margaret Hauth and Stephanie Trueblood reviewed the status of the current and next phases of the
Riverwalk project. The proposed route through the downtown area has been changed to cross the river to
the north side onto what is currently the Gattis Family property. Family members seem willing to
convey their property to the Town, and the Board authorized the Town Staff to start more formal
discussions so that the Town might have the property under contract in time for the current PartF cycle.
Further east, towards the Occoneechee Speedway, the Two needs to acquire property from Daniel
Boone, Inc. (Freeland family) and Cy Hogue for the projected route from Cameron Street eastward.
There will be issues of how much land the Town will need to acquire and price. Mr. Hogue has
indicated a willingness to be imaginative about structuring the acquisition on his property.
B.Closed Session as authorized by North Carolina General Statute Section 143-318.11 (a)(3)
regarding update on Legal Matter involving potential litigation – code enforcement on nuisance
properties and Colonial Inn under Attorney-Client Privilege
The Board and Town Staff reviewed the status of the demolition by neglect proceedings regarding the
Colonial Inn, and the possibility of pursuing the minimum housing complaint made by neighbors in Fall
2010. Town Staff reviewed the history of the demolition by neglect proceedings, and the reasons why
Town Staff delayed pursuing the minimum housing complaint in late 2010 and early 2011 (including,
Minutes unsealed by town attorney on Jan. 28, 2020
September 12, 2011 Regular Meeting Closed Session
Approved: October 10, 2011
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but not limited to, the fact that it had been reported to the Town that there were serious negotiations for
the sale of the property at the time, which the Town hoped would develop, but which have not). The
Town Board directed staff to proceed with enforcing the civil penalty in the demolition by neglect
proceeding and to proceed with the minimum housing complaint process due to health and safety
concerns (reports seem to, indicate that the Inn may not be fit for human habitation).
Planning Director Hauth reported on the status of code enforcement issues at Tuliptree, at 112 Hill
Street, and at 525 N. Nash Street. The Tuliptree situation is much improved, and there is a September 26
deadline for completion. At 112 Hill Street there are issues regarding Ms. Compton and Mr. Crocker and
their mental capacities, which complicates enforcement. Ms. Hauth indicated that there is a large
accumulation of “stuff” at and inside the home. Ms. Hauth and Chief Hampton reported on the situation
at 225 N. Nash, where there have been repeated calls for HPD assistance due to trespass. There are
various McPherson family members and others who “reside” at the property – primarily the garage –
illegally. HPD has stepped up surveillance, but at present there does not seem to be enough activity there
for the Town to pursue remedies as a “public nuisance”. Town Staff will continue to monitor the
situation and work with the property owner to see if there is a way to make the property more secure,
and help address the neighbors’ concerns.
C. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (a)(3)
regarding update on Legal Matter involving proposed settlement of claim by, and acquisition of
property from, Frederick Family Holdings, LLC in connection with Nash Street Sidewalk Project
under Attorney-Client Privilege
Frederick Family Holdings/Nash Street Sidewalk boundary line dispute – the Town Attorney advised
the Town Board of the status of the settlement discussions. The Frederick Family and the Town will
resolve the dispute by the Town paying $15,000 to Frederick Family Holdings, LLC in exchange for a
deed to the disputed area, and Frederick Family Holdings LLC will make parking lot repairs within 12
months of payment.
D. Closed Session as authorized by North Carolina General Statute Section 143 318.11 (a)(6)
regarding Personnel Matters
None
Upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to return
to Open Session by a vote of 4-0. The motion was declared passed.
Respectfully submitted,
Donna F. Armbrister, MMC
Town Clerk
Minutes unsealed by town attorney on Jan. 28, 2020