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HomeMy Public PortalAbout09-14-20 Agenda Regular Meeting Interim Town Clerk/Human Resources Technician Sarah Kimrey 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-296-9443 | sarah.kimrey@hillsboroughnc.gov www.hillsboroughnc.gov | @HillsboroughGov Board of Commissioners Agenda | 1 of 3 Agenda Board of Commissioners Regular Meeting (Remote) 7 p.m. Sept. 14, 2020 Town of Hillsborough YouTube channel Due to current public health concerns, the Board of Commissioners is conducting its regular meeting remotely on Sept. 14, 2020 utilizing Zoom. Members of the Board of Commissioners will be participating in the meeting remotely. Members of the public will be able to view and listen to the meeting via live streaming video on the Town of Hillsborough YouTube channel. In this new remote process, there are two methods for public comment. Detailed public comment instructions for each method are provided at the bottom of this agenda. • Written submittals by website contact form • Speaking during the remote meeting (Preregistration is required.) Compliance with the American with Disabilities Act interpreter services and/or special sound equipment is available on request. If you are disabled and need assistance with reasonable accommodations, call the Town Clerk’s Office at 919-296-9443. Please use the bookmark feature to navigate and view the item attachments. 1. Public charge The Hillsborough Board of Commissioners pledges to the citizens of Hillsborough its respect. The board asks citizens to conduct themselves in a respectful, courteous manner with the board and with fellow citizens. At any time should any member of the board or any citizen fail to observe this public charge, the mayor or the mayor’s designee will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the mayor or the mayor’s designee will recess the meeting until such time that a genuine commitment to this public charge is observed. 2. Audience comments not related to the printed agenda 3. Agenda changes and approval 4. Appointments A. Planning Board – re-appoint Alyse Polly to a second term expiring Aug. 31, 2023 B. Board of Adjustment – appoint Joe Becker to a first term expiring Sept. 30, 2023 C. Tree Board – re-appoint Casey Collins to a second term expiring Sept. 30, 2023 D. Tree Board – re-appoint Tim Logue to a second term expiring Sept. 30, 2023 5. Items for decision — consent agenda A. Minutes 1. Joint public hearing June 18, 2020 2. Joint public hearing July 16, 2020 3. Regular meeting Aug. 10, 2020 4. Regular meeting closed session Aug. 10, 2020 Board of Commissioners Agenda | 3 of 3 5. Work session Aug. 24, 2020 6. Work session closed session Aug. 24, 2020 B. Miscellaneous budget amendments and transfers C. Ordinance to amend Section 7 of the Town Code to establish a process for street naming and renaming D. Consistency statement and ordinance to amend Section 6.20 and Section 9.2 of the UDO to update language related to stormwater management to be consistent with state requirements E. Consistency statement and ordinance to amend Section 9.2 of the UDO to update the definitions of dwelling unit, lodging unit, and hotel/motel to be consistent with state requirements F. Consistency statement and ordinance to amend Section 3.6 of the UDO to prevent the submittal of a downzoning application to be filed by a third party to be consistent with state requirements G. Street Sweeping Services H. Odie Street stormwater and road repair contract I. Disaster Management, Recovery, and Consulting Services contract J. Diaper Need Awareness Week proclamation K. 2020 Board of Commissioners meeting calendar amendment L. Constitution Week proclamation 6. Items for decision — regular agenda A. Request for rate adjustment by Waste Industries, LLC DBA GFL Environmental B. Draft town code amendment regarding parking pad variance C. Ordinance annexing 6.25 acres at 202 Holiday Park Road D. Resolution amending the Future Land Use Plan to change the designation on approximately 6.25 acres at 202 Holiday Park Road E. Consistency statement and ordinance amending the Zoning Map to zone approximately 6.25 acres at 202 Holiday Park Road as General Commercial F. Consistency statement and ordinance amending the Zoning Map to rezone approximately 1.98 acres on the north side of West King Street between Nash Street and Hayes Street from R-15 to R-10 G. Reconsideration of gift offer of 0.8 acres of land at the intersection of Meadowlands Drive (east) and US 70-A from Meadowlands Associates H. Hot topics for work session Sept. 28, 2020 7. Updates A. Board members B. Town manager C. Staff (written departmental reports are included in the agenda packet) 8. Adjournment Public Comment Instructions Public Comment – Written (for items not on the agenda, agenda items and public hearings) Members of the public may provide written public comment by submitting it via the Board of Commissioners contact form by noon on the afternoon of the meeting. Public hearing comments may be submitted for 24 hours following a public hearing. When submitting the comment, include the following: • The date of the meeting • The agenda item (example: 5.C) you wish to comment on Board of Commissioners Agenda | 3 of 3 • Your name, address, email and phone number Members of the Board of Commissioners, town manager, assistant town manager/planning director and town clerk will be copied on all comments submitted. Public Comment – Verbal (for items not on the agenda, agenda items and public hearings) Members of the public will be asked to contact the town clerk using the town clerk contact form no later than noon on the day of the meeting and indicate they wish to speak during the meeting. When submitting the request to speak, include the following: • The date of the meeting • The agenda item (example: 5.C) you wish to speak on • Your name, address, email and phone number • The phone number must be the number you plan to call in from if participating by phone Prior to the meeting, speakers will be emailed a Zoom participant link to be able to make comments during the live meeting. Speakers may use a computer (with camera and/or microphone) or phone to make comments. Speakers using the phone for comments must use the provided PIN/Password number. The public speaker’s audio and video will be muted until the board gets to the respective agenda item(s). Individuals who have pre-registered will then be brought into the public portion of the meeting one at a time. If a member of the public encounters any concerns prior to the meeting related to speaking, please contact Interim Town Clerk Sarah Kimrey at 919-296-9443. Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 4.A Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Planning Board – re-appoint Alyse Polly to a second term expiring Aug. 31, 2023 Attachment(s): 1. Application form Brief Summary: Ms. Polly has expressed interest in continuing on the Planning Board. She has attended 68% (23 of 34) of the meetings held during her first term. The new term will expire on August 31, 2023. Action Requested: Re-appoint Alyse Polly to the Planning Board. ISSUE OVERVIEW Background Information & Issue Summary: n/a Financial Impacts: n/a Staff Recommendations/Comments: Advisory Board Application If you are a Town of Hillsborough resident, at least 18 years old and willing to volunteer your time and expertise to your community, please complete this form. Name: Alyse Polly Home address: 2513 Myrtle Ln Email address: alysepolly@gmail.com Place of employment: UNC Chapel Hill Job title: Research Instructor Birth date: Aug. 25, 1985 Ethnic origin: Caucasian Boards you would be willing to serve on: Parks and Recreation Board (No residency requirement) Planning Board (Town or extraterritorial jurisdiction resident) Tourism Board (Must own or operate restaurant or must reside, own property or be employed in town) Reason for wanting to serve: I've recently moved to Hillsborough and am very excited about being a member of this community. A few of the things I've learned about Hillsborough thus far are: the people in this town are remarkably friendly; the interest of the town in increasing and maintaining outdoor spaces (parks, greenways, sidewalks) is supportive of citizens being active and spending time out in their community; there is a focus on maintaining the unique small town charm and character of Hillsborough, while preparing thoughtfully and practically for upcoming growth; and this town supports citizens in becoming engaged, a goal they reach partially through holding an annual citizens academy. All of these facets of Hillsborough make me feel very fortunate to have ended up in such a special place. I would like to serve this town and become a more engaged citizen-learning about upcoming changes, ideas, and goals; then doing my part to conduct research, speak with other citizens, and help inform the town board when making decisions about the future of Hillsborough. Work experience: I’ve spent the past three years as a research instructor at the Department of Public Policy at UNC Chapel Hill. In this position, the bulk of my time has been spent researching policies, programs, networks, institutions and other regional circumstances that support firm growth in the Research Triangle region. I also co-teach the Public Policy capstone course in which Undergraduate Seniors apply the academic knowledge and skills gained during their undergraduate degree to a real-world policy project for local government or non-profit clients (we’re currently accepting client applications for Fall 2017!). Previous to working at UNC, I spent four years working for the NC Division of Public Health. While at the state health department, I spent my time working on policies and programs that aimed to decrease obesity through striving to make the healthy choice the easy choice (turns out this is very hard to do). I primarily worked on food policy and programs that worked towards increasing healthy eating in North Carolina, though also worked briefly on projects for which the aim was to increase active living in the state. Educational experience: I earned my MSPH in the Health Policy and Management department at UNC Chapel Hill, and my undergraduate degree in the Department of Public Policy, also at UNC Chapel Hill. Oh, and I recently earned my Citizens Degree from Hillsborough University--Class of 2017 :). How you heard about this opportunity: Other Agreement: ✓ I have been advised that I am committing to attend the volunteer board's regular meetings. Attendance at the regular meetings shall be considered a prerequisite for maintaining membership on the board. The Board of Commissioners may declare a vacancy on the board because of non-attendance. Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 4.B Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Board of Adjustment – appoint Joe Becker to a first term expiring Sept. 30, 2023 Attachment(s): 1. Application form Brief Summary: Mr. Becker applied to serve on the Planning Board, but also expressed interest in the Board of Adjustment when contacted by staff. He is the only applicant we have at this time and he observed the most recent BOA meeting remotely. Town Board members met Mr. Becker during interviews for the recent town board vacancy. The term on the BOA will expire on Sept. 30, 2023. Action Requested: Appoint Joe Becker to the Board of Adjustment. ISSUE OVERVIEW Background Information & Issue Summary: Mr. Becker will be replacing Randy Herman who resigned due to relocation out of town earlier in the year. Mr. Herman’s term was due to expire on Sept. 30, 2020. The Board of Adjustment will have met in September by the time of the town board meeting, so the appointment term remains unchanged. Financial Impacts: n/a Staff Recommendations/Comments: Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Public Space Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 4.C Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Planning Board – re-appoint Casey Colins to a second term expiring Sept. 30, 2023 Attachment(s): 1. Application form Brief Summary: Ms. Collins has served on the Tree Board for three years and is recommended to be re-appointed for a second three-year term. Action Requested: Re-appoint Casey Collins to Tree Board. ISSUE OVERVIEW Background Information & Issue Summary: Ms. Collins has done an excellent job on the Tree Board and regularly participates in TRB activities. She has worked in the past with Tree Board as a volunteer on Bee City projects. Ms. Collin’s attendance record is 85%. Financial Impacts: n/a Staff Recommendations/Comments: Advisory Board Application If you are a Town of Hillsborough resident, at least 18 years old and willing to volunteer your time and expertise to your community, please complete this form. Name: Casey Collins Home address: 113 Collins Avenue Home phone number: 336-212-1445 Email address: caseypcollins@gmail.com Place of employment: Montrose Foundation Job title: Landscape Designer/gardener Birth date: June 17, 1984 Ethnic origin: Caucasian Boards you would be willing to serve on: Parks and Recreation Board (No residency requirement) Tree Board (No residency requirement) Reason for wanting to serve: I feel passionately about the preservation and continued growth of robust forest and tree plantings throughout Hillsborough (and the county, state, world). I believe that green spaces, old growth plantings and vegetation generally are incredibly important to both physical and cultural environments and I feel compelled to participate in their protection and development. I have recently moved to West Hillsborough and stare everyday at some old growth trees on a lot across the street that is threatened with undesireable high- density development. I want and need to be active in my local community to protect what is important to me for future generations. Work experience: I have a Masters Degree in Landscape Architecture with a focus on rural development and nature-based tourism. I worked as a Landscape Designer in Cambridge England before returning to the US in January where I now work as a gardener at the Montrose Foundation in Hillsborough and as an independent landscape and garden designer in the area. Volunteer experience: I am currently the head of the Design Committee participating to 'Save West Hillsborough's Charm' in the face of questionable development in this growing and changing district. Educational experience: I have a BA in English from McGill University in Montreal and a MLA from the University of Edinburgh. How you heard about this opportunity: Other Agreement: ✓ I have been advised that I am committing to attend the volunteer board's regular meetings. Attendance at the regular meetings shall be considered a prerequisite for maintaining membership on the board. The Board of Commissioners may declare a vacancy on the board because of non-attendance. Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Public Space Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 4.D Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Planning Board – re-appoint Tim Logue to a second term expiring Sept. 30, 2023 Attachment(s): 1. Application form Brief Summary: Mr. Logue has served on the Tree Board for three years and is recommended to be re-appointed for a second three-year term. Action Requested: Re-appoint Tim Logue to Tree Board. ISSUE OVERVIEW Background Information & Issue Summary: Mr. Logue has done an excellent job on the Tree Board and regularly participates in TRB activities. He has worked in the past with Tree Board as a volunteer on Bee City projects. Mr. Logue’s attendance record is 93%. Financial Impacts: n/a Staff Recommendations/Comments: Advisory Board Application If you are a Town of Hillsborough resident, at least 18 years old and willing to volunteer your time and expertise to your community, please complete this form. Name: Tim Logue Home address: 314 W Margaret Ln Home phone number: 919-643-3075 Work phone number: 919-932-2926 Email address: tglogue@msn.com Place of employment: Town of Chapel Hill Job title: Library Accounts Coordinator Birth date: Oct. 7, 1956 Ethnic origin: Caucasian Boards you would be willing to serve on: Tree Board (No residency requirement) Reason for wanting to serve: I've lived in downtown Hillsborough 13 years now. Having enjoyed its amenities, which seem to increase every year, I'd like to give something back to the Town. I recently learned from Stephanie Trueblood that the Tree Board does more than just deliberate about what trees to plant where on Town property, but has been given a broader advisory role that includes all plantings for public spaces, which really excites me. I have been an avid gardener my entire adult life and love learning about plants and design. I take a keen interest in public places, like our River Walk. I'm especially interested in native plants and get inspired by tours of Montrose, visits to the Ralston Arboretum in Raleigh, or a workshop on pollinators taught by Deborah Roos from the NC Cooperative Extension Service. When I jog on the River Walk, I often fantasize about it looking like the High Line in New York City (if only we had that kind of money!) But little steps can go a long way over time, and I look forward to seeing how this space evolves. I would love to be part of planning that process and similar projects undertaken by the Town. Work experience: I've worked the past 18 years at the Chapel Hill Public Library. As a manager in the Library Experiences division, I help supervise 24 staff members and serve on numerous teams in the organization. The library has just completed a year long User Experience project, which got everyone on staff thinking how to redesign services with the "user" in mind. Volunteer experience: Most of my volunteer work has been registering and canvassing voters for the Democratic party over several election cycles. I'm also currently serving as the Library representative on the Town of Chapel Hill's Employee Forum. I often dream of post- retirement volunteer projects, a big one being recruiting volunteers to remove the masses of microstegium infesting the River Walk! Educational experience: B.A. and M.A. in English Literature. ABD (all but dissertation) in English at UNC Taught as adjunct at Elon and Meredith Colleges in the late 1990s. How you heard about this opportunity: Current volunteer Agreement: ✓ I have been advised that I am committing to attend the volunteer board's regular meetings. Attendance at the regular meetings shall be considered a prerequisite for maintaining membership on the board. The Board of Commissioners may declare a vacancy on the board because of non-attendance. Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Administration Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.A Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Sarah Kimrey, Interim Town Clerk ITEM TO BE CONSIDERED Subject: Minutes Attachment(s): 1. Joint public hearing June 18, 2020 2. Joint public hearing July 16, 2020 3. Regular meeting Aug. 10, 2020 4. Work session Aug. 24, 2020 Brief Summary: None Action Requested: Approve minutes of the Board of Commissioners joint public hearing June 18, 2020, the Board of Commissioners joint public hearing July 16, 2020, the Board of Commissioners regular meeting Aug. 10, 2020, the Board of Commissioners closed session Aug. 10, 2020, the Board of Commissioners work session Aug. 24, 2020, and the Board of Commissioners closed session Aug. 24, 2020. ISSUE OVERVIEW Background Information & Issue Summary: None Financial Impacts: None Staff Recommendations/Comments: Approve minutes as presented. Assistant Town Manager/Planning Director Margaret Hauth 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-296-9471 | margaret.hauth@hillsboroughnc.gov www.hillsboroughnc.gov | @HillsboroughGov Joint Public Hearing Minutes | 1 of 2 Minutes Joint Public Hearing Planning Board and Board of Commissioners 7 p.m. June 18, 2020 Town of Hillsborough YouTube channel Present: Board of Commissioners — Mayor Jenn Weaver and commissioners Mark Bell, Kathleen Ferguson, Matt Hughes and Evelyn Lloyd Planning Board — Chair Chris Johnston, Dan Barker, Frank Casadonte, Lisa Frazier, Jeff Scott, Jenn Sykes, Scott Taylor and Toby Vandemark Staff — Stormwater and Environmental Services Manager Terry Hackett, Planning Director Margaret Hauth and Town Attorney Bob Hornik 1. Call to order and confirmation of quorum Mayor Jenn Weaver called the meeting to order shortly after 7 p.m. Planning Director Margaret Hauth called the roll and confirmed the presence of a quorum. 2. Agenda changes and approval Hauth added a discussion about future meetings. Motion: Planning Board Member Jenn Sykes moved to approve the agenda as amended. Commissioner Kathleen Ferguson seconded. Vote: 12-0. Ayes: Commissioners Mark Bell, Ferguson, Matt Hughes and Evelyn Lloyd and Planning Board members Dan Barker, Frank Casadonte, Lisa Frazier, Chris Johnston, Jeff Scott, Sykes, Scott Taylor and Toby Vandemark. Nays: None. 3. Opening of the public hearing Planning Board Chair Chris Johnston opened the public hearing. Hauth called the roll and confirmed the presence of a quorum. 4. Text amendments to the Unified Development Ordinance A. Section 6.20 and 9.2 to update stormwater management section to align with state law. Hauth said the updates reflect that the state is using the term “stormwater control measure” instead of “BMP” and reflect other changes requested by Stormwater and Environmental Services Manager Terry Hackett. Hackett said the changes are minor. Some are due to changes in state laws. Joint Public Hearing Minutes | 2 of 2 Hauth explained that state law now stipulates public comment can be accepted after the fact. These boards would be accepting written public comment through noon the Monday following this meeting. Motion: Barker moved to close the public hearing consistent with state law. Sykes seconded. Vote: 12-0. Ayes: Commissioners Bell, Ferguson, Hughes and Lloyd and Planning Board members Barker, Casadonte, Frazier, Johnston, Scott, Sykes, Taylor and Vandemark. Nays: None. B. Section 9.2 to amend the definitions of dwelling unit, lodging units, and hotel/motel Hauth explained the purpose was to make terms consistent between state and local definitions and to provide better definitions that correspond with building and fire codes. Motion: Sykes moved to close the public hearing consistent with state law. Ferguson seconded. Vote: 12-0. Ayes: Commissioners Bell, Ferguson, Hughes and Lloyd and Planning Board members Barker, Casadonte, Frazier, Johnston, Scott, Sykes, Taylor and Vandemark. Nays: None. C. Section 3.6 to prohibit downzoning requests by third parties Hauth said this is also a requirement by state law. Town Attorney Bob Hornik clarified that the Board of Commissioners can downzone property, but a neighbor cannot. The board decided to direct Hauth to work on slightly changing the last sentence in Section 3.6.3.2 for clarity. Motion: Ferguson moved to close the public hearing. Vandemark seconded. Vote: 12-0. Ayes: Commissioners Bell, Ferguson, Hughes and Lloyd and Planning Board members Barker, Casadonte, Frazier, Johnston, Scott, Sykes, Taylor and Vandemark. Nays: None. D. Added item – future meetings Hauth listed upcoming public hearing items. Hauth wants to create the ability for people to come to the Town Hall Annex to give public comments while the boards remain remote to limit the number of people in the Board of Commissioners Meeting Room. The boards decided to hold an extra joint public hearing Aug. 20, and the Planning Board will hold a special meeting Aug. 27. Motion: Ferguson moved to call a special joint public hearing Aug. 20. Sykes seconded. Vote: 12-0. Ayes: Commissioners Bell, Ferguson, Hughes and Lloyd and Planning Board members Barker, Casadonte, Frazier, Johnston, Scott, Sykes, Taylor and Vandemark. Nays: None. 5. Adjournment Motion: Sykes moved to adjourn at approximately 7:45 p.m. Bell seconded. Vote: 12-0. Ayes: Commissioners Bell, Ferguson, Hughes and Lloyd and Planning Board members Barker, Casadonte, Frazier, Johnston, Scott, Sykes, Taylor and Vandemark. Nays: None. Respectfully submitted, Margaret A. Hauth Secretary Assistant Town Manager/Planning Director Margaret Hauth 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-296-9471 | margaret.hauth@hillsboroughnc.gov www.hillsboroughnc.gov | @HillsboroughGov Joint Public Hearing Minutes | 1 of 4 Minutes Joint Public Hearing Planning Board and Board of Commissioners 7 p.m. July 16, 2020 Town of Hillsborough YouTube channel Present: Board of Commissioners — Mayor Jenn Weaver and commissioners Mark Bell, Kathleen Ferguson, Matt Hughes and Evelyn Lloyd Planning Board — Chair Chris Johnston, Dan Barker, Frank Casadonte, Oliver Child-Lanning, Lisa Frazier, Alyse Polly, Jeff Scott, Jenn Sykes, Scott Taylor and Toby Vandemark Staff — Planning Director Margaret Hauth and Town Attorney Bob Hornik Guests — Adrienne McNair, Jim Mathewson, Andy Smith, Jamie Williams 1. Call to order and confirmation of quorum Mayor Jenn Weaver called the meeting to order at 7:02 p.m. 2. Agenda changes and approval Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Planning Board Member Jenn Sykes seconded. Vote: 13-0. Ayes: Commissioners Mark Bell, Ferguson, Matt Hughes and Evelyn Lloyd and Planning Board members Dan Barker, Frank Casadonte, Oliver Child-Lanning, Lisa Frazier, Chris Johnston, Alyse Polly, Jeff Scott, Sykes, Scott Taylor and Toby Vandemark. Nays: None. 3. Opening of the public hearing Planning Board Chair Chris Johnston opened the public hearing. 4. Annexation request: A. Annexation and zoning request from Home Hillsborough LLC to have approximately 6.25 acres annexed into Hillsborough and zoned General Commercial. This request also includes a request to amend the Future Land Use Plan to designate the parcel Retail Services. The property is the former Moose Lodge at 202 Holiday Park Road. Hauth gave an overview of the request. She reviewed that there are three parts to the request: annexation, Future Land Use Plan designation, and zoning. Joint Public Hearing Minutes | 2 of 4 Regarding annexation, Hauth noted that the Board of Commissioners should consider whether annexation provides a benefit to the town and whether the town prefers to have jurisdiction over the redevelopment of the property. She noted that the board also needs to consider whether the town can provide water and sewer services when receiving an annexation request and that several lots on the streets have town water and sewer service. Regarding Future Land Use Plan designation, Hauth noted that the town did not envision annexation of this property and had applied “Rural Living” to the area, implying limited development and utility extension. Regarding zoning, Hauth noted that the town must find that the zoning is consistent with the comprehensive plan. She said the board could find that the request is consistent with the comprehensive plan without amending the plan if the desire is to support the proposed redevelopment but not signal a desire for significant activity in this area. Or, she said, the town could approve the land use change and the rezoning change to make consistency more clear. She noted that the latter implies support for additional development in this area. Hauth shared the conceptual plan that the applicants had shared with the Board of Commissioners at an earlier meeting. The applicant is proposing interior storage. She said the conceptual plan is not binding for the town or the applicant. Hauth shared the lists of permitted uses allowed by right in the General Commercial zone and what uses would require a conditional or a special use permit. Hauth said she received questions about annexation from neighbors. The notified neighbors did not request to speak at the public hearing. There is one written comment in the packet. Town Attorney Bob Hornik added that if the town does not annex the property, it has no jurisdiction over the zoning because it is not located in the town’s area of extraterritorial jurisdiction. Jamie Williams addressed the board and introduced his colleague, Andy Smith. Williams said he thinks the proposed project is good for Hillsborough because everyone needs storage. He said the applicants do not have plans to change the property substantially. He said he did not think the one written comment in the packet was negative; rather, it seemed the neighbor who commented was interested in requesting annexation as well. Barker asked how buffer rules for General Commercial zoning would affect this property. Hauth answered that the existing vegetation would suffice and that if the property was redeveloped, it would likely require a Class B 30-foot buffer. Sykes asked what was desired for this area by the committee that created the U.S. 70/Cornelius Street Corridor Plan. Ferguson, who served on that committee, answered that the committee did not focus on land outside the town’s jurisdiction but knew there might be some redevelopment at the intersection of Holiday Park Road or Lakeshore Drive. She said the committee did not anticipate development farther west, but the county’s new detention center might change that. Joint Public Hearing Minutes | 3 of 4 Sykes asked how a new state law on special and conditional use permits might affect uses permitted for this property. Hauth reviewed that to comply with new state law, uses may be required to seek special use permits, but the permits will be reviewed concurrently with a rezoning request. The town may decide to implement conditional zoning, which allows the applying of conditions or special requirements at the time of rezoning. She doesn’t know where uses will fall in which district. Hauth added that Type B buffer of 15 to 40 feet, depending on the plant density, would be required on three sides of this property. Hornik told the applicants that the annexation petition has to be signed by all owners of Home Hillsborough LLC. Williams said it is not an issue to get Ellis Coleman, the member/manager, to sign. Lloyd asked what would be stored in the storage units. Smith answered that the indoor storage would be available for rent and that people commonly store household goods in the units, like extra furniture or clothes. He said there would likely be 50 to 60 units in the larger building and about half that in the smaller building. Weaver asked what is to the south of this property on U.S. 70. Smith and Williams answered a lake and a single-family residence. Hauth added that there is also a single-family home on the corner of Holiday Park Road. Sykes wondered if the neighboring property owners who are interested in annexation have houses on their property. Hauth answered yes, noting she had heard from homeowners interested in qualifying for in-town water rates. Hauth said the county has a zoning designation called “Existing Commercial” for businesses in unusual location. The county chose not to zone this property as Existing Commercial. The property owners started the process of requesting a rezoning with the county; but when they discovered the property has town utilities, they chose to pursue annexation through the town. Lloyd said that she would like to provide some historical background about the property. She said it was owned by James Freeland and at one time had a swimming pool and skating rink on site. Motion: Sykes moved to close the public hearing. Ferguson seconded. Vote: 14-0. Ayes: Bell, Ferguson, Hughes, Lloyd, Barker, Casadonte, Child-Lanning, Frazier, Johnston, Polly, Scott, Sykes, Taylor and Vandemark. Nays: None. 5. Rezoning request from Vima LLC to rezone approximately 1.98 acres on the north side of West King Street between Nash and Hayes streets from Residential-15 to Residential-10. This change would reduce the minimum lot size from 15,000 to 10,000 square feet. Hauth reviewed that the rezoning would yield eight lots instead of five. Hauth said three neighbors sent comments, which she will forward to the boards. Joint Public Hearing Minutes | 4 of 4 Jim Mathewson addressed the boards. He said that there would be a 17,000-square-foot recreational space to be used by homeowners in the small subdivision. When asked why he was asking for the rezoning, Mathewson said that although the parcels are large enough to be created under Residential-15 zoning, some of the lots would not be able to meet the requirement for a certain amount of street frontage. Sykes asked Mathewson to review how long this project has been under review by different boards, including the Board of Adjustment. Mathewson answered that he had met with the public space manager about sidewalk requirements. He added that the town had requested the sewer line be upgraded from a 4-inch to a 6-inch pipe. He said an attorney had negotiated a road agreement for two homes affected by the private road that needed to be used. He said a tree study had been completed and that he had placed money in a trust account with the town to guarantee the completion of the sewer and sidewalk work. Sykes asked how many lots could fit along King Street. Mathewson answered four. When asked, Mathewson confirmed that the proposed recreational space was the odd shape adjacent to the rectangle on the site plan and that it would only be used by the neighbors because the subdivision involves a private road. Adrienne McNair addressed the boards. McNair said that she appreciates the green space. She said Mathewson addressed her concern, but she wanted to make her comment anyway. She pointed out that there is a band of forest near Central Elementary School and that this property helps connect the forest with the tree canopy along the Eno River. She would like for many of the trees to remain on the parcels. Mathewson said the depth of the Residential-10 lots is almost 200 feet. Ideally, the houses would be built on the hill, leaving the forest in the front. He plans to build the houses in the back not only to save the trees in the front but also to avoid the need for a sewage pump station. When asked whether the subdivision is feasible without the rezoning, Mathewson said no, it would not be financially feasible if the zoning remained Residential-15. Casadonte asked what Mathewson expects the price point to be. Mathewson did not answer that. Hauth said construction is currently costing $1.80 to $2 a square foot. Motion: Sykes moved to close the public hearing for this item. Ferguson seconded. Vote: 14-0. Ayes: Bell, Ferguson, Hughes, Lloyd, Barker, Casadonte, Child-Lanning, Frazier, Johnston, Polly, Scott, Sykes, Taylor and Vandemark. Nays: None. 7. Adjournment Motion: Ferguson moved to adjourn at 8:04 p.m. Sykes seconded. Vote: 14-0. Ayes: Bell, Ferguson, Hughes, Lloyd, Barker, Casadonte, Child-Lanning, Frazier, Johnston, Polly, Scott, Sykes, Taylor and Vandemark. Nays: None. Respectfully submitted, Margaret A. Hauth Secretary Minutes Board of Commissioners Regular Meeting (Remote) 7 p.m. Aug. 10, 2020 Town of Hillsborough YouTube channel Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: Human Resources Director/Town Clerk Katherine Cathey, Human Resources Technician/Deputy Town Clerk Sarah Kimrey, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Town Manager Eric Peterson, Finance Director Daphna Schwartz and Utilities Director Marie Strandwitz Opening of the meeting Mayor Jenn Weaver opened the meeting at 7 p.m. Katherine Cathey called the roll and confirmed the presence of a quorum. 1. Public charge Weaver did not read the public charge. 2. Audience comments not related to the printed agenda There was none. 3. Agenda changes and approval Planning Director Margaret Hauth and Town Attorney Bob Hornik noted that there was a small change to Item 5F on the consent agenda: a “not” is missing for “does not materially interfere.” Hornik said when the board approves the consent agenda, it should be noted that 5F is approved with that change. Motion: Commissioner Kathleen Ferguson moved approval of the agenda as amended. Commissioner Mark Bell seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Commissioners Bell, Robb English, Ferguson, Matt Hughes and Evelyn Lloyd. Nays: None. Absent: None. 4. Appointments A. Tourism Board — Reappoint Kim Tesoro to third term in a Chamber of Commerce seat Motion: Ferguson moved approval. Hughes seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. 5. Items for decision — consent agenda A. Minutes 1. Regular meeting June 8, 2020 2. Regular meeting closed session June 8, 2020 Aug. 10 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 10 DRAFT 3. Work session June 29, 2020 4. Work session closed session June 29, 2020 B. Miscellaneous budget amendments and transfers C. Hillsborough 2019 Local Water Supply Plan Resolution D. Acceptance of Water and Sewer Infrastructure in Crescent Magnolia E. Mutual Aid Agreement with the City of Durham for Water Transfers F. Approval of stormwater easement on Orange Grove Street property G. Resolution in Memory of Donna Baker H. Invitation to the Local Government Amicus Brief for Enforcement of Nondiscrimination Policies Motion: Bell moved to approve the consent agenda with the modification to Item 5F noted at the start of the meeting. Ferguson seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. 6. Items for decision — regular agenda A. Mayor’s Task Force on Re-imagining Public Safety The board discussed the draft task force outline included in the agenda packet. Hughes suggested rewording to avoid the negative implication that the task force might fail. Ferguson wanted seats for specific neighborhoods, specifically Fairview. Hornik cautioned against appearing to single out some neighborhoods to the exclusion of others. Bell wanted races and genders to be well represented and also a bent toward neighborhoods with vested interest in public safety. He suggested using data to see where police calls are most frequent and make sure those neighborhoods are represented. He suggested adding more seats to the task force to increase representation. Chief Duane Hampton said Orange County’s data system for 911 calls is not easy to filter. Weaver said it is important that the task force is a community-driven effort. She worries if it is too driven by law enforcement, then there won’t be community buy-in. English suggested creating an ex-officio spot for the Police Department. Hampton said it did not matter to him whether the department has a vote, but it is important for people to understand the department’s policing. Bell suggested recruiting someone with a public healthcare perspective to hold either a voting or an ex officio seat. Hornik added recruiting someone from the mental health community. Bell suggested a social worker could represent public health and emergency rooms. Ferguson suggested an emergency room physician or nurse could cover several fields. Hampton expressed support of including someone from the mental health field. Ferguson suggested including the Local Reentry Council. English suggested replacing an emergency responder with a mental health seat holder. Aug. 10 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 10 DRAFT Weaver said she would work on revisions and circulate a new draft to the board. B. Discussion of Coronavirus Relief Fund Round 2 Plan and Allocations for Hillsborough Hauth reviewed the agenda packet. Bell said the Orange County Food Council is considering setting up a second food pantry that would be located on the north side of town. The board discussed raising the $200 limit for the Water Assistance Program administered through Orange Congregations in Missions. Hauth said the town needs to submit a plan to the county and state by Sept. 1. Ferguson said she had heard concerns that some people in need of food had chosen not to get food at distribution sites because they did not want to give their names and addresses. She asked whether it was necessary to do so. Finance Director Daphna Schwartz said the Town of Hillsborough and nonprofits have agreed to not ask for names, but they need the addresses to verify town residency to show that the CARES funding is being used correctly. They also ask for the number of people in the household. Motion: Bell moved to allocate a third each for homelessness prevention activities, utility billing assistance and food assistance or to split evenly between homelessness prevention and utility billing assistance if not spent on food. And he moved to raise the utilities assistance cap from $200 to $300. Ferguson seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. C. Gift offer of 0.8 acres at the eastern intersection of Meadowlands Drive and U.S. 70-A from Meadowlands Associates Hauth said the property owner wished to give the land to the town because he is tired of paying taxes on it. She said the property would be a small loss to the tax base. It’s an undeveloped parcel, and there are no fees to a property owner’s association. The current owner would pay for the title transfer and any outstanding taxes. Hauth said the land could be useful if the road were ever widened. Ferguson asked if there is an advantage to holding on to this land. Hauth said it’s a small buildable parcel, assessed around $40,000. As far as uses, her first thought was a small park-and-ride lot for transit. She said the property shares a line with the last remaining house on the Meadowlands loop and is oriented toward Meadowlands Drive. English expressed support of this because it may make it easier to build sidewalks in the area later. Motion: Ferguson moved to accept the land gift. English seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. D. Update on county long-term recovery planning effort Aug. 10 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 10 DRAFT Hauth reviewed that the planning had commenced, there was a goal to be as encompassing as possible, and the deliverable was not yet clearly defined. No action was taken. E. Discussion of draft street renaming ordinance and process Hauth noted that she had included very basic language in the agenda packet. She proposed one vote per lot. Hughes said he had asked the Alliance for Historic Hillsborough whether that organization might be interested in researching the history of street names as people ask for the history. He said the alliance had expressed interest in the research. Ferguson expressed support for the 75% threshold to get a street name changed. English asked about costs. Hauth said the resident would notify all contacts for their personal mail and the town would notify utilities, Yahoo, Google, and package delivery and postal services. The town would pay for new street signs, although the county requires owners to pay for new street signs. Hauth said the signs are not a significant expense and it’s not unreasonable for the town to pay for them in this instance. Ferguson said for businesses, it is not insignificant to change an address. Hauth will provide a final proposal at a future meeting. F. Update on property at Latimer and Hayes streets Hauth reviewed the town owns a small tract of land at this intersection and the board authorized last year the transfer of that lot to Habitat for Humanity of Orange County. Since then, staff has not been able to find the town’s deed for the property. Hauth explained that staff had started the process to claim the property, but the pandemic slowed that process. Bell shared that a town resident has information about the property. He said this resident believes it was donated to be a park. Hauth said the update was added to the agenda so that she could ask the board whether it still wished to move forward with donating the land to Habitat, considering it may have been left to the town to be developed as a park. Hornik added that the title issue needed to be resolved so the future property owner could buy the property from Habitat. There was brief discussion about Hornik’s efforts to locate the title. Hauth added that the property was part of an old unrecorded subdivision called Chaseville and that the lot is noted as town-owned on the map printed in the 1960s. The board expressed interest in staff doing due diligence to determine the previous owner’s wishes for the property and then proceeding with deeding the land to Habitat. G. Hot topics for work session Aug. 24, 2020 Aug. 10 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 10 DRAFT It was noted that topics included: • A potential development inquiry on N.C. 86. • Discussion of a new report on connecting Eno Mountain Road to N.C. 86. • The possibility of using James J. Freeland Memorial Drive as a second access point to Collins Ridge. 7. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager Town Manager Eric Peterson stated that Human Resources Director and Town Clerk Katherine Cathey had accepted a new position with Person County. He thanked her for her dedication and service to the Town of Hillsborough. This was Cathey’s last meeting. Board members expressed appreciation for her service. Cathey expressed appreciation for the board’s work. C. Staff (written departmental reports are included in the agenda packet) Motion: Ferguson moved to go into closed session. Lloyd seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. 8. Closed Session A. Closed session as authorized by North Carolina General Statute Section 143-318.11 (a)(6) regarding a personnel matter 9. Adjournment Motion: Ferguson moved to adjourn at 8:53 p.m. Bell seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Absent: None. Respectfully submitted, Sarah E. Kimrey Interim Town Clerk Aug. 10 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 10 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 08/10/2020 TO 08/10/2020 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-6300-5300-080 TRAVEL AND TRAINING 08/10/2020 0.00 1,200.00To cover SOG Supervisory Training cours 20110 1,200.00EBRADFORD 10-10-6300-5300-530 DUES & SUBSCRIPTIONS 08/10/2020 100.00 240.00To cover SE Sustainability Dir Network du 20122 340.00EBRADFORD 08/10/2020 100.00 120.00To cover SE Sustainability Dir Network du 20125 460.00EBRADFORD 10-10-6300-5300-570 MISCELLANEOUS 08/10/2020 3,000.00 -1,200.00To cover SOG Supervisory Training cours 20111 1,800.00EBRADFORD 08/10/2020 3,000.00 -240.00To cover SE Sustainability Dir Network du 20121 1,560.00EBRADFORD 08/10/2020 3,000.00 -120.00To cover SE Sustainability Dir Network du 20126 1,440.00EBRADFORD 10-20-5350-5300-130 UTILITIES 08/10/2020 13,982.00 -1.00To cover overage 20120 13,981.00EBRADFORD 10-20-5350-5400-741 LEASE PURCHASE/FIRE TRUCK 08/10/2020 50,201.00 1.00To cover overage 20119 50,202.00EBRADFORD 10-30-5550-5300-170 STREET VEHICLE REPAIR 08/10/2020 26,000.00 -5,513.00To cover Street vehicle engine repair 20123 20,487.00EBRADFORD 10-30-5550-5300-570 MISCELLANEOUS 08/10/2020 1,000.00 -4.00To cover overage 20136 996.00EBRADFORD 10-30-5550-5700-731 CAPITAL IMPROVEMENTS 08/10/2020 0.00 5,513.00To cover Street vehicle engine repair 20124 5,513.00EBRADFORD 08/10/2020 0.00 4.00To cover overage 20137 5,517.00EBRADFORD 10-30-5600-5500-980 SERVICE CHARGE - STORMWATER FUND 08/10/2020 0.00 -100,000.00To change Valley Forge to cost alloc. 20144 -100,000.00EBRADFORD 10-30-5600-5700-730 CAPITAL - INFRASTRUCTURE 08/10/2020 166,263.00 -149,263.00To move Valley Forge for proj fund 20146 17,000.00EBRADFORD 10-30-5700-5700-731 CAPITAL - INFRASTRUCTURE 08/10/2020 325,737.00 -325,737.00To move Valley Forge to proj fund 20148 0.00EBRADFORD 10-71-5600-5982-002 TRANSFER TO GEN CAP IMPROV FUND 08/10/2020 0.00 249,263.00To move Valley Forge for proj fund 20145 249,263.00EBRADFORD 10-71-5700-5982-000 TRANSFER TO GEN CAP IMPROV FUND 08/10/2020 0.00 325,737.00To move Valley Forge to proj fund 20147 325,737.00EBRADFORD 30-80-7200-5350-630 SAFETY AWARDS 08/10/2020 0.00 4,053.00To cover safety dividends 20115 4,053.00EBRADFORD 30-80-8140-5300-310 GASOLINE 08/10/2020 23,345.00 -3,000.00To cover WW Dist gas bill 20127 20,345.00EBRADFORD 30-80-8200-5300-310 GASOLINE 08/10/2020 16,723.00 3,000.00To cover WW Dist gas bill 20128 19,723.00EBRADFORD 30-80-9990-5300-000 CONTINGENCY 08/10/2020 300,000.00 -4,053.00To cover safety dividends 20116 295,947.00EBRADFORD 35-30-5900-5300-570 MISCELLANEOUS 08/10/2020 2,000.00 -427.00To cover safety dividends 20118 1,573.00EBRADFORD 35-30-5900-5300-571 SAFETY AWARDS PROGRAM 08/10/2020 0.00 427.00To cover safety dividends 20117 427.00EBRADFORD 35-30-5900-5350-617 SERVICE CHARGE-STREETS JPrivuznak 4:28:59PM08/03/2020 fl142r03 Page 1 of 2 Public Space Public Space Public Space Fire Protection Fire Protection Fleet Fleet Fleet Streets Streets Streets Powell Bill Powell Bill Admin of Enterprise Water Distribution Wastewater Collection WSF Contingency Stormwater Stormwater Stormwater Aug. 10 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 10 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 08/10/2020 TO 08/10/2020 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 08/10/2020 0.00 100,000.00To change Valley Forge to cost alloc. 20142 100,000.00EBRADFORD 35-30-5900-5700-730 CAPITAL- INFRASTRUCTURE 08/10/2020 100,000.00 -100,000.00To change Valley Forge to cost alloc. 20143 0.00EBRADFORD 60-30-5600-5700-731 VALLEY FORGE RD REPAIR 08/10/2020 80,000.00 249,263.00To move Valley Forge to proj fund 20149 329,263.00EBRADFORD 08/10/2020 80,000.00 325,737.00To move Valley Forge to proj fund 20152 655,000.00EBRADFORD 60-70-3870-3870-103 TRANSFER FROM GF-VALLEY FORGE 08/10/2020 80,000.00 249,263.00To move Valley Forge to proj fund 20150 329,263.00EBRADFORD 60-70-3870-3870-104 TRANSFER FROM POWBILL-VALLEY FORGE 08/10/2020 0.00 325,737.00To move Valley Forge to proj fund 20153 325,737.00EBRADFORD 75-75-3870-3870-156 TRANS FR W/S US BUS 70 WTR PHASE I 08/10/2020 299,741.50 20,608.00To allocate Water SDF 20129 320,349.50EBRADFORD 75-75-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I 08/10/2020 299,741.50 20,608.00To allocate Water SDF 20130 320,349.50EBRADFORD 76-76-3870-3870-155 TRAN FR W/S CRF - COLLECT SYS REHAB 08/10/2020 1,008,106.50 17,296.00To allocate Sewer SDF 20131 1,025,402.50EBRADFORD 08/10/2020 1,008,106.50 3,243.00To record Sewer SDF 20139 1,028,645.50EBRADFORD 76-76-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS 08/10/2020 1,008,106.50 17,296.00To allocate Sewer SDF 20132 1,025,402.50EBRADFORD 08/10/2020 1,008,106.50 3,243.00To record Sewer SDF 20138 1,028,645.50EBRADFORD 1,232,294.00 JPrivuznak 4:28:59PM08/03/2020 fl142r03 Page 2 of 2 Stormwater Gen Fund- Cap Proj Fund Gen Fund- Cap Proj Fund Water SDFs Sewer SDFs Water SDFs Sewer SDFs Gen Fund- Cap Proj Fund Aug. 10 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 10 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 08/11/2020 TO 08/11/2020 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-3300-3301-032 COVID RELIEF FUNDING 08/11/2020 0.00 86,449.00To record CARES Act Coronavirus Relief 20158 86,449.00EBRADFORD 10-00-3900-3900-000 FUND BALANCE APPROPRIATION 08/11/2020 551,313.00 210,000.00To cover ORFD property swap 20160 767,068.50EBRADFORD 10-20-5350-5300-570 MISCELLANEOUS 08/11/2020 0.00 210,000.00To cover ORFD property swap 20161 210,000.00EBRADFORD 10-60-6900-5300-570 MISCELLANEOUS 08/11/2020 85,000.00 86,449.00To record CARES Act Coronavirus Relief 20159 171,449.00EBRADFORD 592,898.00 EBRADFORD 11:50:24AM08/05/2020 fl142r03 Page 1 of 1 GF Revenue GF Revenue Fire Protection Special Appropriations APPROVED: 5/0 DATE: 8/10/20 VERIFIED: ___________________________________ Aug. 10 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 10 DRAFT Resolution #20200810-5.C RESOLUTION A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH TO APPROVE THE COMPLETED TOWN OF HILLSBOROUGH 2019 LOCAL WATER SUPPLY PLAN WHEREAS, North Carolina General Statute 143-355(l) requires that each unit of local government that provides public water service prepare and submit a Local Water Supply Plan, annually; and WHEREAS, as required by the statute and in the interests of sound local planning, the Local Water Supply Plan for Town of Hillsborough, has been updated by the Utilities Department for 2019 and determined by the North Carolina Division of Water Quality to meet the minimum plan criteria and is complete; and WHEREAS, the Board of Commissioners of the Town of Hillsborough finds that the 2019 Local Water Supply Plan is in accordance with the provisions of North Carolina General Statute 143-355(l) and that it will provide appropriate guidance for the future management of water supplies for the Town of Hillsborough, as well as useful information to the Department of Environmental Quality (Department) for the development of a state water supply plan as required by statute; BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH: 1.The 2019 Local Water Supply Plan for the Town of Hillsborough is hereby approved. 2.The Town of Hillsborough Board of Commissioners intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound planning practice. This the 10th day of August, 2020. _______________________________________ Jenn Weaver, Mayor Town of Hillsborough ATTEST: _____________________________________ Katherine Cathey, Town Clerk Aug. 10 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 10 DRAFT Resolution #20200810-5.G Aug. 10 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 10 DRAFT Minutes Board of Commissioners Work Session (Remote) 7 p.m. Aug. 24, 2020 Town of Hillsborough YouTube channel Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: Interim Human Resources Director Haley Bizzell, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, Finance Director Daphna Schwartz and Public Space Manager Stephanie Trueblood Opening of the workshop Mayor Jenn Weaver opened the work session at 7:01 p.m. 1.Public Charge Weaver did not read the public charge. 2.Agenda changes and approval A closed session item regarding a personnel matter was added. Motion: Commissioner Matt Hughes moved to approve the agenda as amended. Commissioner Kathleen Ferguson seconded. Vote: The motion carried upon a unanimous vote of 4-0 Ayes: Commissioners Mark Bell, Ferguson, Hughes and Evelyn Lloyd. Nays: None. Absent: Commissioner Robb English. 3.Items for decision — consent agenda A.Classification and pay plan amendments — addition of senior police officer and master police officer classifications B.Miscellaneous budget amendments and transfers Motion: Ferguson moved to approve the consent agenda. Bell seconded. Vote: The motion carried upon a unanimous vote of 4-0. Ayes: Commissioners Bell, Hughes, Ferguson and Lloyd. Nays: None. Absent: English. 4.In-depth discussions and topics A.Eno Mountain Road to N.C. 86 road study discussion Public Space Manager Stephanie Trueblood gave an overview of the past study and the new study for connecting Eno Mountain Road to N.C. 86. The study was included in the agenda packet and included descriptions of the options, maps, estimated costs and traffic analysis. Trueblood explained that Option A, which involves creating roundabouts at the Orange Grove Road intersections with Eno Mountain Road and Mayo Street, would cost much less than Alternative B, which involves realigning the intersection and using a traditional traffic signal, because the latter would impact more properties. Aug. 24, 2020 Board of Commissioners Work Session Approved: ____________________ Page 1 of 6 DRAFT Trueblood said she and Planning Director Margaret Hauth believe Option F has potential without impacting the approved Collins Ridge neighborhood. She pointed out that there is also the possibility of realigning U.S. 70A along the Option F route so that U.S. 70A no longer intersects with Elizabeth Brady Road. Two of the alternatives to Option F would cost about $1 million more. Trueblood said staff felt a takeaway from the last board discussion of this topic was that no impacts to property owners were acceptable. She asked for feedback on whether some impacts were acceptable. Hughes said he feels differently about commercial property in the county versus in the town limits. Sports Endeavors and Wilmore Electronics would have been significantly impacted by the route that the board previously discussed, and both are in the town limits. Trueblood pointed out that the impacts of other routes were greater for businesses on Cornerstone Court. Hauth pointed out that Option F doesn’t appear to take an entire piece of property, but it does constrain some properties that are currently developed. Options C and D would take some properties entirely. Hauth noted that although Builders FirstSource on Valley Forge Road is not in the town limits, everything east of it is. She said it would be good for the board to consider which might be better: to constrain a commercial lot or to take it entirely so that the business owner can be fully compensated for the land and move the business elsewhere. Ferguson said Option F would have less of an impact on those two businesses than the previous plan. She wondered if Option F would prevent Wilmore Electronics from expanding at the current location. Weaver suggested that it was not yet time to get into the details of the options. Commissioners expressed an interest in further exploration of options A and F. English joined the meeting at 8:02 p.m. B. Discussion of cross-section and timing for second access point to Collins Ridge along James J. Freeland Memorial Drive Hauth said Chip Pickard with Criteria Development and Brad Rhinehalt with McAdams were present to answer questions on behalf of the Collins Ridge developers. Hauth reviewed that when the project was approved it was made clear a second access to the neighborhood was vital. Now the development team is designing the second access, and staff wanted the board’s input on what is an acceptable level of improvement. The developers proposed connecting to James J. Freeland Memorial Drive with two travel lanes, bikes lanes, and no curbs, gutters or sidewalks. Pickard and Rhinehalt explained that the proposal did not include curbs, gutters and sidewalks because they would likely be torn up when the Daniel Boone tract is redeveloped. They suggested a mulched path in place of sidewalks. The board was interested in how to be certain that sidewalks would eventually be built. Town Attorney Bob Hornik said the developers are indicating sidewalks on the Collins Ridge section but not on the Daniel Boone commercial property. The town can require sidewalks on the Daniel Boone property when developers seek board approval for the redevelopment plans. Aug. 24, 2020 Board of Commissioners Work Session Approved: ____________________ Page 2 of 6 DRAFT The board discussed the possibility of a mulched path. There was concern that it would not be well maintained and that the slope of the land might cause the mulch to run off in heavy rains. Pickard said a team has been working on the Daniel Boone design. He said there is a tremendous amount of interest (rather than kicking the tires) from various businesses: hospitality, restaurants, medical and self- storage. His estimate for time until sidewalks would be built on the redeveloped portion was 2 to 5 years. The board was interested in something more substantial than a mulched path. The board decided that alternatives to traditional sidewalk could be acceptable on the Daniel Boone portion of the access, such as a multi-modal asphalt path, recognizing that the roadway on the Daniel Boone tract may be redeveloped soon. Rhinehalt then asked if the bike lanes were a town requirement. Hauth and the board answered that bike lanes were not. Rhinehalt said there would be more room for a multi-modal trail if the bike lanes were removed. Weaver explained that the thinking has changed about bike lanes; it is safer to have a separate multimodal trail than bike lanes alongside vehicular lanes. 5. Other business Hauth said she wanted to check that there wasn’t any outstanding work needed regarding the second round of CARES Act funding. Bell said he had spoken with the food organizations involved in the last round of funding and he would like to have an offline discussion with the finance director. 6. Committee updates and reports Board members gave reports on the committees and boards on which they serve. 7. Closed session (added item) Closed session as authorized by North Carolina General Statute Section 143-318.11 (a)(6) regarding personnel matters Motion: Hughes moved to enter closed session at 9:13 p.m. Bell seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Hughes, Ferguson and Lloyd. Nays: None. Absent: None. 8. Adjournment Motion: Bell moved to adjourn at 9:36 p.m. Ferguson seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Hughes, Ferguson and Lloyd. Nays: None. Absent: None. Respectfully submitted, Sarah E. Kimrey Interim Town Clerk Aug. 24, 2020 Board of Commissioners Work Session Approved: ____________________ Page 3 of 6 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 08/24/2020 TO 08/24/2020 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-4200-5300-080 TRAINING/CONF./CONV. 08/24/2020 28,645.00 -629.00To cover NeoGov renewal 20172 28,016.00EBRADFORD 10-10-4200-5300-113 LICENSE FEES 08/24/2020 14,852.00 629.00To cover NeoGov renewal 20173 15,481.00EBRADFORD 30-80-7240-5300-111 TELEPHONE-METER READING 08/24/2020 5,445.00 827.00To cover 3 cell phones 20174 6,272.00EBRADFORD 30-80-7240-5300-570 MISCELLANEOUS 08/24/2020 1,000.00 -827.00To cover 3 cell phones 20175 173.00EBRADFORD 30-80-8220-5300-160 MAINTENANCE - EQUIPMENT 08/24/2020 65,710.00 29,159.00To rebuild WWTP influent step screen 20171 94,869.00EBRADFORD 30-80-9990-5300-000 CONTINGENCY 08/24/2020 300,000.00 -29,159.00To rebuild WWTP influent step screen 20170 266,788.00EBRADFORD 0.00 JPrivuznak 3:26:40PM08/18/2020 fl142r03 Page 1 of 1 Admin. Admin. Billing & Collections Billing & Collections Wastewater Treatment Plant Contingency APPROVED: 4/0 DATE: 8/24/20 VERIFIED: ___________________________________ Aug. 24, 2020 Board of Commissioners Work Session Approved: ____________________ Page 4 of 6 DRAFT Town of Hillsborough FY 2020-21 Classification and Pay Plan Classes by Salary Grades Salary  Grade Minimum Midpoint Maximum FLSA  Status Class  Code Classification 1 31,209               40,571           49,934             N 0100 CUSTOMER SERVICE REPRESENTATIVE 1 31,209               40,571           49,934             N 0101 METER SERVICES TECHNICIAN 1 31,209               40,571           49,934             N 0102 UTILITY MAINTENANCE TECHNICIAN I 2 32,769               42,600           52,431             N 0204 ACCOUNTS PAYABLE TECHNICIAN 2 32,769               42,600           52,431             N 0205 ADMINISTRATIVE SUPPORT SPECIALIST 2 32,769               42,600           52,431             N 0206 EQUIPMENT OPERATOR I 2 32,769               42,600           52,431             N 0207 UTILITY MAINTENANCE TECHNICIAN II 2 32,769               42,600           52,431             N 0208 LEAD CUSTOMER SERVICE REPRESENTATIVE 3 34,408               44,730           55,052             N 0304 EQUIPMENT OPERATOR II 3 34,408               44,730           55,052             N 0305 SENIOR ADMINISTRATIVE SUPPORT SPECIALIST 3 34,408               44,730           55,052             N 0306 UTILITY BILLING SPECIALIST 3 34,408               44,730           55,052             N 0307 UTILITY MAINTENANCE TECHNICIAN III 3 34,408               44,730           55,052             N 0308 WASTEWATER PLANT OPERATOR I 3 34,408               44,730           55,052             N 0309 WATER PLANT OPERATOR I 4 36,128               46,967           57,805             N 0403 CREW LEADER/EQUIPMENT OPERATOR III 4 36,128               46,967           57,805             N 0404 BUDGET TECHNICIAN 4 36,128               46,967           57,805             N 0405 PLANNING TECHNICIAN 4 36,128               46,967           57,805             N 0406 UTILITY SYSTEMS MECHANIC I 4 36,128               46,967           57,805             N 0407 WASTEWATER PLANT OPERATOR II 4 36,128               46,967           57,805             N 0408 WATER PLANT OPERATOR II 4 36,128               46,967           57,805             N 0409 PLANT MAINTENANCE MECHANIC I 5 37,934               49,315           60,695             N 0507 ACCOUNTING TECHNICIAN 5 37,934               49,315           60,695             N 0508 HR TECHNICIAN/DEPUTY TOWN CLERK 5 37,934               49,315           60,695             N 0509 UTILITY SYSTEMS MECHANIC II 5 37,934               49,315           60,695             N 0510 PLANT MAINTENANCE MECHANIC II 6 39,831               51,781           63,730             N 0608 LABORATORY TECHNICIAN/WATER PLANT OPERATOR III 6 39,831               51,781           63,730             N 0609 UTILITY SYSTEMS MECHANIC III 6 39,831               51,781           63,730             N 0610 WASTEWATER LABORATORY SUPERVISOR 6 39,831               51,781           63,730             N 0611 WASTEWATER PLANT OPERATOR III 6 39,831               51,781           63,730             N 0612 WATER PLANT OPERATOR III 6 39,831               51,781           63,730             N 0613 PLANT MAINTENANCE MECHANIC III 7 41,823               54,370           66,916             N 0708 BACKFLOW/FOG SPECIALIST 7 41,823               54,370           66,916             N 0709 FIRE INSPECTOR 7 41,823               54,370           66,916             N 0711 FLEET MECHANIC 7 41,823               54,370           66,916             N 0710 UTILITIES ANALYST 8 43,914               57,088           70,262             N 0804 METER SERVICES SUPERVISOR 8 43,914               57,088           70,262             N 0805 POLICE OFFICER/POLICE OFFICER FIRST CLASS 8 43,914               57,088           70,262             N 0806 PUBLIC INFORMATION SPECIALIST 8 43,914               57,088           70,262             N 0807 STORMWATER PROGRAM COORDINATOR 9 46,110               59,942           73,775             N 0908 CHIEF WASTEWATER PLANT OPERATOR 9 46,110               59,942           73,775             N 0909 CHIEF WATER PLANT OPERATOR  9 46,110               59,942           73,775             E 0910 FINANCIAL ANALYST 9 46,110               59,942           73,775             E 0911 MANAGEMENT ANALYST 9 46,110               59,942           73,775             E 0912 PLANNER 9 46,110               59,942           73,775             N 0913 UTILITIES INSPECTOR 9 46,110               59,942           73,775             N 0914 SENIOR POLICE OFFICER 10 48,415               62,940           77,464             E 1012 BILLING & COLLECTION SUPERVISOR 10 48,415               62,940           77,464             E 1013 HUMAN RESOURCES ANALYST Effective: 7/1/20 Amended: 8/24/20 Aug. 24, 2020 Board of Commissioners Work Session Approved: ____________________ Page 5 of 6 DRAFT Town of Hillsborough FY 2020-21 Classification and Pay Plan Classes by Salary Grades 10 48,415               62,940           77,464             N 1014 POLICE CORPORAL/POLICE SENIOR CORPORAL 10 48,415               62,940           77,464             E 1015 PUBLIC WORKS SUPERVISOR 10 48,415               62,940           77,464             E 1016 WEB DEVELOPER/ASSISTANT PIO 10 48,415               62,940           77,464             N 1017 LEAD UTILITIES INSPECTOR 10 48,415               62,940           77,464             N 1019 MASTER POLICE OFFICER 11 50,836               66,087           81,337             E 1106 PURCHASING MANAGER 11 50,836               66,087           81,337             E 1107 UTILITY MAINTENANCE SUPERVISOR 11 50,836               66,087           81,337             E 1108 UTILITY SYSTEM SUPERVISOR 12 53,378               69,391           85,404             E 1210 ECONOMIC DEVELOPMENT PLANNER 12 53,378               69,391           85,404             E 1211 FLEET MAINTENANCE SUPERVISOR 12 53,378               69,391           85,404             N 1212 POLICE SERGEANT 12 53,378               69,391           85,404             E 1213 SENIOR PLANNER 13 56,047               72,860           89,674              14 58,849               76,504           94,158             E 1404 FIRE MARSHAL/EMERGENCY MGMT COORDINATOR 14 58,849               76,504           94,158             E 1405 POLICE LIEUTENANT 14 58,849               76,504           94,158             E 1406 PUBLIC SPACE MANAGER 14 58,849               76,504           94,158             E 1407 SAFETY & RISK MANAGER 14 58,849               76,504           94,158             E 1408 STORMWATER & ENVIRONMENTAL SERVICES MANAGER 15 61,791               80,329           98,866             E 1507 UTILITY SYSTEM SUPERINTENDENT 15 61,791               80,329           98,866             E 1508 WASTEWATER PLANT SUPERINTENDENT 15 61,791               80,329           98,866             E 1509 WATER PLANT SUPERINTENDENT 16 64,881               84,345           103,809          E 1603 ASSISTANT TO THE TOWN MANAGER/DEPUTY BUDGET DIRECTOR 16 64,881               84,345           103,809          E 1604 IT MANAGER 17 68,125               88,562           109,000          E 1701 PUBLIC INFORMATION OFFICER 18 71,531               92,990           114,450           19 75,108               97,640           120,172          E 1902 PUBLIC WORKS DIRECTOR 20 78,863               102,522        126,181          E 2002 BUDGET DIRECTOR 20 78,863               102,522        126,181          E 2003 HUMAN RESOURCES DIRECTOR/TOWN CLERK 21 82,806               107,648        132,490           22 86,947               113,031        139,114           23 91,294               118,682        146,070          E 2300 CHIEF OF POLICE 23 91,294               118,682        146,070          E 2301 FINANCE DIRECTOR 23 91,294               118,682        146,070          E 2302 UTILITIES DIRECTOR 24 95,859               124,616        153,374          E 2400 ASSISTANT TOWN MANAGER/PLANNING DIRECTOR Effective: 7/1/20 Amended: 8/24/20 Aug. 24, 2020 Board of Commissioners Work Session Approved: ____________________ Page 6 of 6 DRAFT Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Administration - Budget Public Hearing: Yes No Date of Public Hearing: __________________________ For Clerk’s Use Only AGENDA ITEM # 5.B Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: Miscellaneous budget amendments and transfers Attachment(s): 1. Description and explanation for budget amendments and transfers Brief Summary: To adjust budgeted revenues and expenditures where needed due to changes that have occurred since budget adoption. Action Requested: Consider approving budget amendments and transfers. ISSUE OVERVIEW Background Information & Issue Summary: N/A Financial Impacts: As indicated by each budget amendment. Staff Recommendations/Comments: To approve the attached list of budget amendments. BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 09/14/2020 TO 09/14/2020 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGEUSER 10-00-9990-5300-000 CONTINGENCY 09/14/2020 250,000.00 -5,522.00To cover utility savings cost share 20183 244,478.00EBRADFORD 09/14/2020 250,000.00 -30,000.00To cover CLG grant-Hist Guidelines Upda 20185 214,478.00EBRADFORD 09/14/2020 250,000.00 -5,000.00To cover park reopening expenses 20190 209,478.00EBRADFORD 09/14/2020 250,000.00 -8,000.00To re-est IT PO not carried forward 20192 201,478.00EBRADFORD 09/14/2020 250,000.00 -10,000.00To cover development eng review 20193 191,478.00EBRADFORD 10-10-4000-5300-335 SUPPLIES - DISASTER 09/14/2020 44,365.00 5,000.00To cover park reopening expenses 20189 49,365.00EBRADFORD 10-10-4200-5300-451 C.S./PRINTING 09/14/2020 3,570.00 57.00To cover water bill insert 20180 3,627.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 09/14/2020 9,053.00 -57.00To cover water bill insert 20181 8,996.00EBRADFORD 10-10-4900-5300-570 MISCELLANEOUS 09/14/2020 2,500.00 30,000.00To cover CLG grant-Hist Guidelines Upda 20184 32,500.00EBRADFORD 10-10-6610-5300-458 DATA PROCESSING SERVICES 09/14/2020 234,430.00 8,000.00To re-est PO not carried forward 20191 242,430.00EBRADFORD 10-20-5100-5300-470 HIRING SELECTION PROCESS 09/14/2020 4,719.00 2,000.00To cover new hire selection process 20197 6,719.00EBRADFORD 10-20-5110-5300-350 UNIFORMS 09/14/2020 9,360.00 8,000.00To cover new hire uniforms 20196 17,360.00EBRADFORD 10-20-5120-5100-020 SALARIES 09/14/2020 466,090.00 -10,000.00To cover new hire uniforms & selection pr 20195 456,090.00EBRADFORD 10-30-5600-5300-455 C.S./ENGINEERING 09/14/2020 14,000.00 10,000.00To cover development eng review 20194 24,000.00EBRADFORD 10-60-6900-5300-475 C.S./UTILITY ANALYSIS 09/14/2020 0.00 5,522.00To cover utility savings cost share 20182 5,522.00EBRADFORD 30-80-3500-3520-001 MISCELLANEOUS 09/14/2020 15,000.00 12,000.00Adj for pump sale revenue 20177 27,000.00EBRADFORD 30-80-8120-5300-150 MAINTENANCE - PLANT & EQUIPMENT 09/14/2020 79,300.00 35,000.00To cover WTP pump 20179 114,300.00EBRADFORD 30-80-9990-5300-000 CONTINGENCY 09/14/2020 300,000.00 -23,000.00To cover WTP pump 20178 243,788.00EBRADFORD 35-30-5900-5300-113 LICENSE FEES 09/14/2020 3,200.00 400.00To cover GIS licenses 20187 3,600.00EBRADFORD 35-30-5900-5300-570 MISCELLANEOUS 09/14/2020 2,000.00 -400.00To cover GIS licenses 20186 1,173.00EBRADFORD 24,000.00 EBRADFORD 1:02:58PM09/08/2020 fl142r03 Page 1 of 1 GF - Contingency GF-COVID Admin. Admin. Planning IT Police- Admin. Police- Patrol Police- I&CS Streets Special Approp. WSF- Revenue WTP WSF- Contingency Stormwater Stormwater Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.C Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Ordinance to amend Section 7 of the Town Code to establish a process for street naming and renaming Attachment(s): 1. Draft amending ordinance Brief Summary: In August the board supported the conceptual approach to street renaming suggested by staff for including in the town code. This item converts that concept into ordinance language and inserts the language into Section 7 of the Town Code. Action Requested: Adopting ordinance amending the Town Code. ISSUE OVERVIEW Background Information & Issue Summary: Staff made two additions to the language since the last review: 1. A staff administered process was added for the renaming of private streets requiring all impacted owners to agree and staff to verify compliance with the code and non-duplication before approval and notifications. This was an oversight in the first draft. 2. Language was added to confirm that the interests of non-owners impacted by the renaming would be considered by the board. This would accommodate interests of non-owner businesses and tenants, who would not need to sign the request, but would bear the burden of changing their addresses. Financial Impacts: Staff Recommendations/Comments: AN ORDINANCE AMENDING SECTION 7 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Hillsborough Town Code is hereby amended to add Section 7-37, Street Naming and Renaming as follows: Section 7-37 Street Naming and Renaming a) Streets located within the town of Hillsborough, whether public and private, shall not be named or renamed by any method except those set forth in this Article. All existing, proposed, or constructed public or private streets shall have a street name and address range assigned by the address administrator. b) New Street Names a. No new public or private street shall be named without approval of the address administrator. b. The name of any new street, whether it is public or private, shall not duplicate or be phonetically similar to any other street already named within Orange County, relying on the street database maintained by Orange County Emergency Services. This subsection shall not apply to the extension of existing streets, which should whenever possible be given the same name. c. If applying an existing street name to the extension of a street creates a duplication or the need to renumber more than a dozen existing addresses to create the correct address ranges, the address administrator may seek renaming all or a portion of the extension. d. New subdivision streets, whether public or private, shall be named prior to the approval of any proposed subdivision or plat. c) Renaming Public Streets a. The town board may initiate a public street renaming by a majority vote when presented with a request from the address administrator as described in subparagraph (v) below, a request from a resident of the street as described in subparagraph (vi) below, or upon the board’s initiative. The board is not required to call a hearing on all requests it receives. b. If the town board decides to entertain a renaming request, the town board will schedule a public hearing on the potential street name change as specified in this section. c. The address administrator will provide notice of the public hearing at least 10 working days in advance of the hearing as follows: i. posted signs at two locations along the impacted street ii. written notice mailed to all property owner and residents or businesses impacted by the change iii. written notice transmitted to emergency service providers in the county iv. written notice in a newspaper of general circulation in Hillsborough so the ad is published not more than 25 or less than 10 calendar days before the hearing. d. The town board may make a decision on the street renaming immediately upon the conclusion of the hearing or at a future meeting not more than 35 days after the close of the public hearing. e. The address administrator may request a street renaming when any of the following occur: i. a street name creates a duplication of another street name within Orange County ii. a street name interferes with the accurate dispatch of emergency service or postal delivery iii. one street has two commonly used names or where portions of what appears to be the same street has two or more names iv. an existing street is being extended and the extension create a duplication or the readdressing of more than a dozen existing addresses to create accurate address ranges. f. Any resident may request the renaming of a public street by filing a written request with the address administrator. The request must contain the name and address of the person making the request, the name of the street requesting to be changed, the suggested new name, the reason for the change, and the supporting signatures of the owner(s) of at least 75 percent of the parcels addressed on the street in question. Each parcel addressed on the street in question shall have one vote. The town board will consider comments from impacted non- owner residents and impacted non-owner businesses during the hearing process, in addition to the views of property owners. g. The town board may establish a fee for processing renaming requests to reflect the cost of advertising, written notices, and sign replacement. d) Renaming Private Streets a. The owners of property served by a private road may rename that road after verifying that the new name does not create a duplication within the county and the name otherwise complies with this section. A written request, signed by all impacted property owners, must be submitted to the address administrator. The address administrator will contact Orange County Emergency Services and receive written verification of non-duplication. The address administrator will send change of address notifications if the name change is non-duplicative and complaint with this section. e) Content of Street Names a. Street names must use common spelling found in a standard dictionary. b. Only letters of the alphabet and blank spaces should be included in a street name. Street names that are numbers (i.e. First Street) must be expressed using alphabetical characters and not numbers. Street names should not contain the following: i. Symbols or punctuation; ii. Abbreviations of the main title of the street or street name; iii. A single alphabetical character; iv. Words that begin with "old" or "new;" v. Offensive words or language in accordance with G.S. 147-54.7 c. All street names shall contain a street name suffix designation. Suffix designations of streets include, but are not limited to, the following terms: avenue, boulevard, court, circle, lane, parkway, place, street, trail or way. All street suffix designations may be abbreviated in compliance with National Emergency Number Association (NENA) Addressing Standards Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. 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 , 2020. Ayes: Noes: Absent or Excused: Sarah Kimrey, Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: June 18, 2020 For Clerk’s Use Only AGENDA ITEM # 5.D Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance to amend Section 6.20 and Section 9.2 of the UDO to update language related to stormwater management to be consistent with state requirements Attachment(s): 1. Draft consistency statement 2. Draft amending ordinance Brief Summary: These amendments are necessary to keep our stormwater program in line with state requirements and accepted terminology. The public hearing was held in June, with no public comment. The Planning Board unanimously recommended approval of these amendments. Action Requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background Information & Issue Summary: Financial Impacts: Staff Recommendations/Comments: Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _planning staff_ to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): amend Section 6.20 and Section 9.2 of the Unified Development Ordinance to update language related to stormwater management to be consistent with state requirements 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): These amendments are processed to have the Unified Development Ordinance in compliance with updates and terminology changes required by the state. Adopted by the Town of Hillsborough Board of Commissioners this _14th day of _September_, 2020. _____________ _________ Sarah E. Kimrey, Interim Town Clerk AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Amend Section 6.20.1.2 to change the effective date to January 12, 2012. Section 2. Replace Section 6.20.2, Applicability, to read as follows: 6.20.2 APPLICABILITY The following activities shall be subject to the requirement of this subsection: 6.20.2.1 New or re-development activity disturbing 10,000 square feet or more of land in order to establish, expand, or modify a multi-family residential, commercial, industrial, or institutional development or facility. 6.20.2.2 New or re-development activity cumulatively disturbing 21,780 square feet (1/2 acre) or more of land in order to establish, expand, or modify a single- or two-family dwelling and their customary accessory structures, including the subdivision of land involving the construction of streets and other impervious features. Development activity cumulatively disturbing less than 21,780 square feet (1/2 acre) of land in order to establish, expand, or modify a single- or two-family dwelling on an individual lot—not proposed as a part of a larger common plan of development or sale—is exempt from these requirements. 6.20.2.3 Any development activity cumulatively disturbing 21,780 square feet (1/2 acre) or more of land in order to establish, expand, or modify a recreational development on an individual lot and not proposed as part of a larger common plan of development or sale. 6.20.2.4 The requirements of this subsection do not apply to any work that does not add to, increase, or expand existing impervious surfaces. An example would be the paving of an existing gravel parking lot with asphalt provided the area of the parking lot is not expanded in any way. For re-development projects, stormwater controls required by this subsection are only required for impervious surface that exceeds the amount of impervious surface existing prior to the re- development (G.S. 143-214.7(b3)). 6.20.2.5 Pre-existing development is not required to install new or increased stormwater controls to meet the requirements of this subsection, provided existing stormwater controls are not removed or decreased (G.S. 143-214.7(b3)). Section 3. Amend Section 6.20.3, Development Standards, to remove the “low density projects” subsection and all provisions therein; remove the subsection number, heading and introductory clause for “high density projects;” and add an introductory clause to read “New and redevelopment projects subject to this subsection shall implement stormwater controls measures that comply with each of the following standards:”. Existing subsections a-g currently under the “high density projects” heading remain in place and unchanged. Section 4. Amend Section 6.20.4.1 to add “new and re-” between “proposed” and “development” and add “subject to this subsection” after “development.” Section 5. Replace Section 6.20.5.2 to read as follows: 6.20.5.2 Offset fees shall be paid to a private mitigation bank as approved by the North Carolina Department of Environmental Quality (NCDEQ). If a private mitigation bank does not have available credits, offset fees may be paid to NCDEQ’s Division of Mitigation Services. Offset fees must be used within the Falls Lake Watershed. Section 6. Amend Section 6.20.5.3 by replacing “NC Ecosystem Enhancement Program” with “NCDEQ Division of Mitigation Services” and replace “Program” with “Division” later in the same sentence. Section 7. Replace Section 6.20.5.4, Permanent Nutrient Export Reduction Best Management Practices, with the following: 6.20.5.4 Permanent Nutrient Export Reduction Practices and SCMs NCDEQ determines nutrient reduction credits for various practices and SCMs. These practices are listed in the Stormwater Design Manual and include bio-retention, constructed wetlands, wet ponds and proprietary practices that have been approved for nutrient reduction. The Town encourages applicants to also non-structural methods to meet nutrient reduction requirements. These include various low impact development techniques and green infrastructure. Examples include disconnected impervious, riparian buffers, open channel swales and alternative site design. Section 8. Amend Section 6.20.5.5, update the reference to the “Stormwater BMP Manual” to “Stormwater Design Manual.” Section 9. Amend Section 6.20.6.1, Evaluation According to Contents of Stormwater Design Manual, to delete the parenthetical reference, and add “and the state’s minimum design criteria (MDCs)” at the end of the first sentence. Section 10. Amend Section 6.20.7.1, Required Approval, and Section 6.20.7.2, Compliance with Requirements, to change references to “new development” to read “new or re- development.” Section 11. Throughout the Unified Development Ordinance, replace the terms “stormwater BMPs,” “BMPs”, and “engineered stormwater controls” with “stormwater control measure” or “SCM” as appropriate, in the same plural or singular case as the term replaced, unless otherwise noted in this ordinance. Section 12. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 13. 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 14th day of September, 2020. Ayes: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: June 18, 2020 For Clerk’s Use Only AGENDA ITEM # 5.E Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance to amend Section 9.2 of the UDO to update the definitions of dwelling unit, lodging unit, and hotel/motel to be consistent with state requirements Attachment(s): 1. Draft consistency statement 2. Draft amending ordinance Brief Summary: The state updated the regulatory authority for town and counties. These amendments are drawn from state regulations and codes, as state law now requires. The public hearing was held in June, with no public comment. The Planning Board unanimously recommended approval of these amendments. Action Requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background Information & Issue Summary: See above. Financial Impacts: Staff Recommendations/Comments: Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _planning staff_ to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): amend Section 9.2 of the Unified Development Ordinance to update the definitions of dwelling unit, lodging unit, and hotel/motel to be consistent with state requirements 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): These amendments are processed to have the Unified Development Ordinance in compliance with state requirement in S.L. 2019-111, §1.17. Adopted by the Town of Hillsborough Board of Commissioners this _14th day of _September_, 2020. _____________ _________ Sarah E. Kimrey, Interim Town Clerk AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Amend Section 9.2, Definitions, by replacing the current definition for “dwelling unit” to read as follows: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Section 2. Amend Section 9.2, Definitions, by adding the clause “in its smallest configuration” after the phrase “each room” near the end of the definition of “lodging unit” and by adding the following sentence to the end of the same definition: Lodging units need not contain all of the components needed to qualify as a dwelling unit. Section 3. Amend Section 9.2, Definitions, by deleting the clause “or ten (10) or more dwelling units” from the definition of a hotel/motel. Section 4. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 5. 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 14th day of September, 2020. Ayes: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: June 18, 2020 For Clerk’s Use Only AGENDA ITEM # 5.F Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance to amend Section 3.6 of the UDO to prevent the submittal of a downzoning application to be filed by a third party to be consistent with state requirements Attachment(s): 1. Draft consistency statement 2. Draft amending ordinance Brief Summary: The state updated the regulatory authority for town and counties. Localities are required to have an ordinance provision preventing a downzoning request by a third party (someone other than the government of the impacted owner). The public hearing was held in June, with no public comment. The Planning Board unanimously recommended approval of these amendments. Action Requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background Information & Issue Summary: See above. Financial Impacts: Staff Recommendations/Comments: Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _planning staff_ to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): amend Section 3.6 of the Unified Development Ordinance to prevent the submittal of a downzoning application to be filed by a third party to be consistent with state requirements 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): These amendments are processed to have the Unified Development Ordinance in compliance with state requirement in S.L. 2019-111, Pt. I. Adopted by the Town of Hillsborough Board of Commissioners this _14th day of _September_, 2020. _____________ _________ Sarah E. Kimrey, Interim Town Clerk AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Amend Section 3.6.3, Authority to Apply, by changing the heading of Section 3.6.3.1 to read “Amendments to the Unified Development Ordinance” and deleting the clause “including the Official Zoning Map” from that section. Section 2. Amend Section 3.6.3, Authority to Apply, by adding Section 3.6.3.2, Amendments to the Official Zoning Map, to read as follows: 3.6.3.2 Amendments to the Official Zoning Map Subject to the limitation of the foregoing statement of intent, an amendment to the Official Zoning Map that down-zones a property or properties (moves the property into a more restrictive or limited zoning district or adds a restricting overlay) may be initiated by the Town Board on its own motion OR by the property owner at the time of the application. Any other amendment to the Official Zoning Map may be filed consistent with Section 3.6.3.1. Section 3. Renumber the remainder of the section to accommodate this addition. Section 4. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 5. 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 14th day of September, 2020. Ayes: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Public Works Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.G Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Ken Hines, Public Works Director ITEM TO BE CONSIDERED Subject: Street Sweeping Services Attachment(s): 1. Street sweeping Request for Proposals and draft contract Brief Summary: The current street sweeping contract has expired so a Request for Proposals was made available to the public. A total of three companies submitted proposals with the Sweeping Corporation of America as the low bid. The monthly cost to sweep streets, medians, and bridges was $912.27. Action Requested: Approve entering a contract for street sweeping services with the Sweeping Corporation of America. ISSUE OVERVIEW Background Information & Issue Summary: Sweeping streets help to reduce pollution from stormwater runoff from Hillsborough that would enter the Neuse River basin. Financial Impacts: The funding for street sweeping will be allocated from the Stormwater Department. Staff Recommendations/Comments: Approve the contract. 1 Town of Hillsborough Public Works Department PO Box 429 101 East Orange Street Hillsborough, NC 27278 August 12, 2020 REQUEST FOR PROPOSALS TO PROVIDE STREET SWEEPING SERVICES PURPOSE: The Town of Hillsborough, North Carolina seeks proposals from qualified professional street sweeping firms to clean the curb and gutter area on selected streets in Hillsborough. SCOPE OF SERVICES: The contractor shall furnish all labor, equipment, and traffic control necessary to completely remove all dirt, debris, sand, gravel, and cinders, etc. from the gutter lines (within four (4) feet of the edge of pavement) of all curb and gutter streets per the attached Exhibit A. The dumping of sweeping debris in a North Carolina state certified/regulated landfill is the responsibility of the contractor. The total length of curb and gutter to be swept is approximately 12.13 miles. This is expected to be a once per month sweeping operation depending upon the budgeted funds. The Town may vary quantities of additional sweeping at the request of the Public Works Department. This work may include traffic islands and parking lots within town limits. It is anticipated the sweeping work will begin in September 2020. Work is to be performed between the hours of 1:00 a.m. and 7:00 a.m. on the last Friday of each month. Schedule changes must be approved by Hillsborough Public Works. Sweeping operations may be inspected at any time and the contractor shall undertake immediately the correction of any deficiency noted by the Town. Failure of the Town to inspect or note deficiencies upon inspection shall not relieve the contractor of any of its obligations. PROJECT CONTACT: Ken Hines, Public Works Director, Town of Hillsborough, PO Box 429, Hillsborough, NC 27278. Email: ken.hines@hillsboroughnc.gov. Phone: 919-296-9601. 2 CONTENTS OF PROPOSAL: Each firm that wishes to submit a bid in response to this request must submit four (4) copies of its written bid. Bidders are to provide documentation to assist the Town of Hillsborough in its evaluation of the firm’s abilities to fully demonstrate its capabilities (make and year of street sweeper(s), single (one side) or dual side brooms (brooms on each side), method(s) of dust suppression, hopper capacity, photos of equipment, number of employees, experience street sweeping, etc.) PROPOSAL CLARIFICATION: Questions regarding this Proposal should be directed in writing or by e-mail, to the Project Contact by August 21, 2020. Answers, citing the question asked but not identifying the questioner, will be posted to the town website in the form of an addendum. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the proposal deadline. Proposal tabulations, addendums, and awards are posted on our web site at: www.hillsboroughnc.gov . Note: written requirements in the Proposal or its Amendments are binding, but any oral communication between the Town and Bidder are not. EVALUATION CRITERIA AND PROCESS: All proposals will be evaluated on the criteria following G.S. 143-64.31 and G.S. 143-64.32. Our sole purpose in the evaluation process is to determine from among the responses received which one is best suited to meet the Town’s needs at the lowest possible cost. Other factors include type of equipment, if any lawsuits or claims have been made or are pending against the bidder, and experience in sweeping streets in an urban area. Any final analysis does not imply that one contractor is superior to another, but simply that in our judgment the Contractor selected appears to offer the best overall solution for our current and anticipated needs at the lowest possible cost. INSURANCE REQUIREMENTS Contractors must provide certificates of insurance. PLEASE NOTE: Town of Hillsborough is to be named as “Additional Insured” on Certificates of Insurance. TYPE OF INSURANCE REQUIRED LIMITS OF LIABILITY Each Person Each Occurrence Aggregate 3 GENERAL LIABILITY Personal Injury (including Bodily Injury) and Property Damage Combined (CSL) $1,000,000 $3,000,000 AUTOMOBILE LIABILITY Bodily Injury and Property Damage Combined (CSL) $1,000,000 $3,000,000 UMBRELLA COVERAGE $1,000,000 $3,000,000 WORKER’S COMPENSATION Statutory Limits with $500,000 Employers liability COMPLIANCE WITH LAWS: Contractor shall comply with all federal, state and local laws, ordinances and regulations (including environmental laws and regulations) relative to the services provided. Ignorance on the part of the Contractor will in no way relieve them from the responsibility of compliance with all said laws, ordinances, rules and regulations. The Contractor will be responsible for obtaining any and all required permits. The Town shall not be responsible for the cost of any permits. INDEMNITY AGREEMENT: To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend the Town of Hillsborough, its directors, officers, agents, and employees from and against all claims arising by reason of any act or failure to act, negligent or otherwise, of Contractor, (meaning anyone, including but not limited to consultants having a contract with Contractor or subcontractor for part of the services), of anyone directly or indirectly employed by Contractor, or of anyone for whose acts the Contractor may be liable, in connection with providing these services. GENERAL CONDITIONS: The contract shall be effective September 25, 2020 through August 31, 2021. This contract is subject to renew annually for three (3) additional one (1) year periods following expiration of the first contract period. Prices are subject to adjustment thereafter, effective on the renewal date, and must remain firm through the end of the renewal period. In the event any provisions of contract are not fulfilled by Contractor, and or the quality of workmanship is deemed unsatisfactory by the Town, the Town may, upon written notice to the Contractor, terminate this contract in ten (10) business days after such written notice. 4 The safety of the Contractor’s employees and public is of prime concern to the Town, and the Contractor must take all necessary steps to assure proper safety during the performance of the Contract. AWARD: Award will be made to the company determined to best meet the aforementioned evaluation criteria. Thus, the result will not be determined by price alone. The Town will be seeking the least costly outcome that meets the Town’s needs as interpreted by the Town. The Town reserves the right to award this contract on an item by item basis, or an “all or none” basis, whichever is in the best interest of the Town. The successful contractor will be notified by the Town of Hillsborough. All proposals received will be made available to the public by request. BILLING AND PAYMENT Payment for street sweeping shall be made at the contract unit price. A list of streets cleaned shall accompany the invoice. Invoices should be submitted to the Town of Hillsborough for payment. The billing address is Town of Hillsborough, PO Box 429, 101 East Orange St., Hillsborough, NC 27278. Payment shall be made within 30 days of the invoice date for all valid invoices (Net 30). All payments will be made by ACH deposit to the Contractor during the contracted dates. SELECTION PROCESS AND SCHEDULE The following schedule is anticipated: a. Deadline for bids……………………………….2:00 pm –September 4, 2020 b. Award of contract………………………………September 11, 2020 c. Contract term begins……………………………September 25, 2020 NOTE: Prospective bidders are advised that no obligations or commitments are incurred by the Town of Hillsborough in announcing this Request for Proposals. It is the intention that the Town of Hillsborough, after appropriate evaluations, will select the best qualified contractor and enter into an Agreement for the proposed services. Bidder Information: Company Name: ________________________________________________ Address: ________________________________________________ City/Zip 5 ________________________________________________ Phone Number: ________________________________________________ Fax Number: ________________________________________________ Federal Tax ID: ________________________________________________ ( ) Corporation ( ) Partnership – Name_____________________________ ( ) Individual/Proprietorship – Individual Name _______________________ ( ) Other (Specify) ________________________________ Have you ever not completed a contract to term or been terminated by a client. ______________________________ If so, where and why? _______________________________________________ _______________________________________________ REFERENCES: The bidder must provide three (3) references for services rendered to public/commercial clients which are similar. in size and scope. Reference #1 Individual Name:__________________________________ Company Name: _________________________________ Address: ________________________________________ Telephone: _______________________________________ Reference #2 Individual Name:__________________________________ Company Name: _________________________________ Address: ________________________________________ Telephone: _______________________________________ Reference #3 Individual Name:__________________________________ Company Name: _________________________________ Address: ________________________________________ Telephone: ______________________________________ EXHIBIT A Estimated Length of Curb & Gutter STREET BEGINNING DESC. END DESCRIPTION LENGTH (ft) 6 70/FAUCETTE MILL MEDIUMS HWY 70 FAUCETTE MILL RD. 100 ALLISON STREET DIMMICK’S MILL RD. 590 ALLISON/ENO MOUNTAIN RD BRIDGE ALLISON ST. ENO MOUNTAIN RD. 440 BECKETTS RIDGE DR. 2816 SUMMIT DR. OLD NC 86 HWY. 976 CALVIN ST. CARDINAL DR. S. NASH ST. S. CHURTON ST. S. OCCONEECHEE ST. DEAD END 802 2300 CATES CREEK PKY. BECKETT'S RIDGE DR. BARRICADE 640 CATES CT. MURDOCK RD. CUL DE SAC 824 CHESHIRE DR. OAKDALE DR. MURDOCK RD. 1960 CHURTON ST. NASH & KOLLACK HWY. 70 9600 CHURTON ST. BRIDGE EXCHANGE PARK LN. HWY. 70-A 580 COURT ST. E. KING ST E. MARGARET LN. 638 E. CORBIN ST. N. CHURTON ST. TOWN HALL DRWY. 180 E. KING ST. CHURTON ST. S. CAMERON ST. 1800 E. MARGARET LN. S. CHURTON ST. S. CAMERON ST. 1680 E. ORANGE ST. N. CHURTON ST. N. CAMERON ST. 850 EXCHANGE PARK LN. (bridge) S. CHURTON ST. BRIDGE 550 FAUCETTE MILL ROAD HWY 70/CORNELIUS ST. END OF CURB & GUTTER 1257 HAMPTON POINT BLVD. OLD NC 86 HWY. DEAD END 3600 HAYES STREET N. NASH ST. W. KING RD. 646 HIGH CT. SUMMIT DR. CUL DE SAC 350 JOHN EARL ST. S. CHURTON ST. MAYO ST. 2135 JOHN EARL ST. (MEDIAN) S. CHURTON ST. BOJANGLES 190 LAWNDALE AVE. CORNELIUS ST. TORRAIN ST. 528 LAWNDALE AVE. TORRAIN ST. TORRAIN ST. 2780 MURDOCK RD. CARDINAL DR. CHESHIRE DR. 2936 N. CAMERON ST. E. KING ST E. TRYON ST. 115 N. HASSEL ST. W. TYRON ST. QUEEN ST. 180 NASH & KOLLOCK ST. S. CHURTON ST. DEAD END 1010 REVERE RD. OLD DOGWOOD ST. HWY 70 S. CHURTON ST. N. NASH ST. END OF MAINT. 496 430 S. CAMERON ST. E. KING ST BURNSIDE DR. 2240 S. CHURTON ST. JOHN EARL ST. BOJANGLES 580 S. NASH ST. W. KING ST. ENO ST. 1353 S. WAKE ST. W. KING ST. W. MARGERET LN. 38 SCOTSBURG TR. SUMMIT DR. OAKHURST TRAIL 545 SUMMIT DR. BECKETT'S RIDGE DR. CUL DE SAC 5800 TORRAIN ST. LAWNDALE AVE. RAINEY ST. 3622 W. UNION STREET N. OCCONEECHEE N. NASH ST. 646 W. CORBIN ST. SINCLAIR STATION N. CHURTON ST. 125 W. KING ST. CHURTON ST. S. HILLSBOROUGH 6170 W. MARGARET LN. S. CHURTON ST. WAKE ST. 840 W. TRYON ST. N. CHURTON ST. N. WAKE ST. 223 W. TRYON ST. N. WAKE ST. HASSELL ST. 430 7 W. TRYON ST. N. HASSELL ST. N. HASSELL ST. 263 TOTAL LENGTH (FT) 64,038 8 Contractor’s Proposal for Sweeping Estimated 12.13 miles of Curb and Gutter in the Town Of Hillsborough $_________________ Proposed estimates for sweeping the following additional areas: Gold Park parking lot located on Dimmock’s Mill Rd. $________________ Traffic Islands located at the intersection of Hwy. 86 and Hwy. 70. $_____________ Traffic Islands located on Exchange Park Lane. $___________ Traffic Island located at the intersection of Mayo St. & Orange Grove Rd. $_____________ Traffic Island located at the intersection of Cardinal Dr. & S. Churton St. $_____________ Eno River Bridge located on S. Churton St. $______________ Eno River Bridge located on Exchange Park Lane $___________________ Company Name: ____________________________ Authorized Representative (Sign By Hand): _____________________________ Type or Print Signed Name: _________________________________ Date: _____________________________ Town of Hillsborough E-Verify Employer Compliance Statement I attest that _____________________________ has complied and will continue to comply with the provisions of North Carolina General Statutes Chapter 64, Article 2 relating to the E-Verify system and that all subcontractors engaged by _______________________________ (now and in the future) have complied and will continue to comply with these provisions. OR The above statement does not apply because ___________________________ employs less than 25 employees in the state of North Carolina. Signature Date Town of Hillsborough Public Works Department HILLSBOROUGH STREET SWEEPING CONTRACT THIS AGREEMENT for street sweeping in the Town of Hillsborough (“Agreement”) made this date by and between the Town of Hillsborough, a N.C. municipal corporation whose address is 101 East Orange Street, Hillsborough, North Carolina (“Owner”), and name of business a Contractor qualified and licensed to do business in N.C. whose address is address (“Contractor”). WITNESSETH WHEREAS, Owner issued a request for proposals for the sweeping of approximately 1 12.13 miles of street curb and gutter, traffic islands, and a parking lot located within Town limits. The request described the manner in which Services would be rendered and required that proposed prices be set for one year. WHEREAS, several qualified contractors, including name of company awarded contract submitted proposals that met Owner’s requirements. Contractor’s proposal setting forth it’s prices for Priced Services is attached hereto as Attachment A and incorporated by reference; and WHEREAS, Contractor and Owner intend this Agreement to set forth the terms of their relationship including costs, payments, and the manner in which Services are to be rendered. NOW THEREFORE, in consideration of their mutual covenants, Owner and Contractor herein agree as follows: 1. PURPOSE OF AGREEMENT AND INCORPORATION OF RECITALS. This Agreement is designed to serve as a ‘master agreement’ pursuant to which Owner shall call upon Contractor to provide specific services as needed by Owner at the prices specified in Attachment A. The Recitals set forth above are incorporated into this Agreement. 2. EFFECTIVE DATE AND TERM. This Agreement shall be effective upon execution by both parties and shall have a term of one year, terminating on date with the option of a three-year extension in one year increments upon written notice by the Owner to the Contractor provided at least three months prior to the expiration of the then-current term. Rates for any renewal term(s) are to be negotiated between both parties. 3. Contractor represents and warrants that Contractor is licensed and qualified to perform the services. Contractor shall, for all services: • Perform such services in a professional manner and in the timeframe agreed upon. • Ensure all materials and workmanship is in accordance with applicable NCDOT Standards and Specifications, NCDENR, and Hillsborough Town Code. • Conduct the street sweeping of Town roads between the hours of 1:00 a.m. to 7:00 a.m. on the last Friday of the month in coordination with the Town unless a prior authorization is obtained from the Hillsborough Public Works Director or the Public Works Supervisor. • Ensure that all debris is removed from the street and the gutters. 2 • Submit a monthly invoice. Owner shall pay for such Services as provided herein. 4. OWNER RESPONSIBILITIES. • Owner shall provide payment for services rendered pursuant to an accepted price (attachment A) specified therein in accordance with the following: • Upon completion of services specified and acceptance by Owner, Contractor shall submit an invoice on a form acceptable to Owner. Owner shall pay no later than thirty (30) days of receipt of a correct invoice. • Owner shall provide water for the sweeping of Hillsborough streets. 5. INSPECTION. Owner, or its authorized representative, may inspect Contractor’s work at any time and Contractor shall undertake immediately to correct any deficiency noted by Owner. Failure of Owner to inspect or note deficiencies upon inspection shall not relieve Contractor of any of its obligations hereunder. 6. DEFAULT/TERMINATION. In the event either party defaults in their performance under this Agreement, the non-defaulting party may terminate the Agreement upon 10 business day’s written notice to the defaulting party. 7. INDEPENDENT CONTRACTOR: Contractor is an independent contractor and is responsible for its own actions and those of its officers, employees and agents when performing Services under this Agreement and is not an agent or employee of the Owner. 8. ASSIGNMENT: This Agreement may not be assigned, nor may its duties be delegated without the written consent of the Owner. 9. INDEMNIFICATION. Contractor shall indemnify and hold Owner, its officers, employees and agents, harmless from and against any and all claims, losses, liabilities, expenses, charges, and damages arising from, or relating to or arising from Contractor’s performance of this Agreement, including but not limited to attorney fees, with respect to any cause arising out of, resulting from, or in connection with (a) any breach by the Contractor of any clause, condition or provision of this Agreement; (b) any breach or violation by the Contractor of any applicable criminal or civil law, rule or regulation; or (c) any other cause resulting from or related to performance by Contractor of its obligations pursuant to this Agreement. The Contractor shall promptly assume the defense of any claim, suit or 3 action within the scope of this indemnification at its expense, upon being notified hereof this indemnification shall survive the termination of this Agreement. 10. NONDISCRIMINATION: Neither party to this Agreement shall discriminate on any prohibited basis including race, color, gender, age, religion or national origin, against any employees, applicant for employment, member of the public, participants or other person relating to the subject of this Agreement. 11. NOTICE: Unless provided otherwise, notices required or permitted to be given hereunder shall be deemed received five (5) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notices to the Owner shall be sent to: Ken Hines Public Works Director Town of Hillsborough P.O. Box 429 Hillsborough, NC 27278 All notices to Contractor shall be to: Name of authorized representative Title Name of Business Address 12. LAW/VENUE This Agreement shall be interpreted and the rights of the parties hereto governed and controlled by the laws of the state of North Carolina. Proper Venue for any action shall be Orange County, North Carolina. 13. MODIFICATION. A modification or waiver of any of the provisions of this Agreement or any accepted Sub-proposal shall be effective only if made in writing. 15. PARTIAL INVALIDITY. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 16. BINDING EFFECT. Every provision of this Agreement shall be binding upon each of the parties and their respective heirs, executors, administrators and assigns. 17. ENTIRE AGREEMENT. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and 4 l This instrument has been pre-audited in the manner provided in the Local Government Budget and Fiscal Control Act. ___________________________ Hillsborough Finance Director supersedes any other negotiations, understanding and representations (if any) made by and between the parties. 18. COMPLIANCE WITH LAWS. Contractor shall comply with all federal, state and local laws, ordinances and regulations (Including environmental laws and regulations) relative to the services provided. IN WITNESS WHEREOF, duly authorized officers of each party have executed this Agreement as of the day and year written above OWNER By: Eric Peterson. Town Manager ATTEST: ___________________________ Sarah E. Kimrey, Interim Town Clerk CONTRACTOR: By : Nam e: Title: Addres s Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Public Works Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.H Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Ken Hines, Public Works Director ITEM TO BE CONSIDERED Subject: Odie Street stormwater and road repair contract Attachment(s): 1. Draft Request for Proposals and contract Brief Summary: The stormwater drainage system and gravel road on Odie Street need improvements. A Request for Proposals was made public on August 19, 2020 to provide stormwater and road repair services. A total of four proposals were received with the lowest projected cost of $53,006 submitted by Solution Grading, LLC. Action Requested: Approve entering into a contract with Solution Grading, LLC for stormwater and road repair service. ISSUE OVERVIEW Background Information & Issue Summary: Habitat for Humanity has begun construction of houses on Odie Street. The stormwater and road repairs should be completed before new residents begin to move in at the end of December. Financial Impacts: The Stormwater Department will provide funds for approximately $40,000 of the cost with the remaining $13,006 allocated from the Street Department. Staff Recommendations/Comments: Approve the contract. 1 Town of Hillsborough Public Works Department PO Box 429 101 East Orange Street Hillsborough, NC 27278 August 19, 2020 August 12, 2020Augu REQUEST FOR PROPOSALS TO PROVIDE STORMWATER AND ROAD REPAIR SERVICES PURPOSE: The Town of Hillsborough, North Carolina seeks proposals from qualified professional grading contractors to improve stormwater drainage in the public right-of-way and to make road repairs on Odie Street in Hillsborough. SCOPE OF SERVICES: The contractor shall furnish all labor, equipment, and traffic control necessary to grade the ditch lines to provide proper stormwater drainage on Odie Street. This includes replacement of existing driveway pipes unless they are in good condition. Minor road repairs will be needed and an adequate amount of stone placed on the road. This road will be paved in the future, so a thick layer of stone is not required. Work is to be performed week days between the hours of 8:00 a.m. and 4:00 p.m. No work is to be performed on holidays. Date of completion is by December 1, 2020. Liquidated damages will be assessed if the job is not completed on time at a rate of $250/day. All work must comply with NCDOT and Town of Hillsborough standards. There will be a one-year warranty period on all work. All utility locates are the responsibility of the contractor. PROJECT CONTACT: Ken Hines, Public Works Director, Town of Hillsborough, PO Box 429, Hillsborough, NC 27278. Email: ken.hines@hillsboroughnc.gov. Phone: 919-296-9601. 2 CONTENTS OF PROPOSAL: Each firm that wishes to submit a proposal in response to this request must submit two (2) copies of its written bid. E-mailed proposals will be accepted. Contractors are to provide documentation to assist the Town of Hillsborough in its evaluation of the firm’s abilities to fully demonstrate its capabilities (experience, heavy equipment to be used, etc.). PROPOSAL CLARIFICATION: Questions regarding this Proposal should be directed in writing or by e-mail, to the Project Contact by August 27, 2020. Answers, citing questions asked but not identifying the questioner, will be posted to the town website in the form of an addendum. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the proposal deadline. Proposal tabulations, addendums, and awards are posted on our web site at: www.hillsboroughnc.gov . Note: written requirements in the Proposal or its Amendments are binding, but any oral communication between the Town and Bidder are not. EVALUATION CRITERIA AND PROCESS: All proposals will be evaluated on the criteria following G.S. 143-64.31 and G.S. 143-64.32. Our sole purpose in the evaluation process is to determine from among the responses received which one is best suited to meet the Town’s needs at the lowest possible cost. Other factors include type of equipment, if any lawsuits or claims have been made or are pending against the bidder, and experience in sweeping streets in an urban area. Any final analysis does not imply that one contractor is superior to another, but simply that in our judgment the Contractor selected appears to offer the best overall solution for our current and anticipated needs at the lowest possible cost. INSURANCE REQUIREMENTS Contractors must provide certificates of insurance. PLEASE NOTE: Town of Hillsborough is to be named as “Additional Insured” on Certificates of Insurance. TYPE OF INSURANCE REQUIRED LIMITS OF LIABILITY Each Person Each Occurrence Aggregate GENERAL LIABILITY Personal Injury (including Bodily Injury) and Property Damage Combined (CSL) $1,000,000 $3,000,000 AUTOMOBILE LIABILITY Bodily Injury and Property Damage Combined (CSL) $1,000,000 $3,000,000 3 UMBRELLA COVERAGE $1,000,000 $3,000,000 WORKER’S COMPENSATION Statutory Limits with $500,000 Employers liability COMPLIANCE WITH LAWS: Contractor shall comply with all federal, state and local laws, ordinances and regulations (including environmental laws and regulations) relative to the services provided. Ignorance on the part of the Contractor will in no way relieve them from the responsibility of compliance with all said laws, ordinances, rules and regulations. The Contractor will be responsible for obtaining any and all required permits and utility locates. The Town shall not be responsible for the cost of any permits. INDEMNITY AGREEMENT: To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend the Town of Hillsborough, its directors, officers, agents, and employees from and against all claims arising by reason of any act or failure to act, negligent or otherwise, of Contractor, (meaning anyone, including but not limited to consultants having a contract with Contractor or subcontractor for part of the services), of anyone directly or indirectly employed by Contractor, or of anyone for whose acts the Contractor may be liable, in connection with providing these services. GENERAL CONDITIONS: In the event any provisions of contract are not fulfilled by Contractor, and or the quality of workmanship is deemed unsatisfactory by the Town, the Town may, upon written notice to the Contractor, terminate this agreement in ten (10) business days after such written notice. The safety of the Contractor’s employees and public is of prime concern to the Town, and the Contractor must take all necessary steps to assure proper safety during the performance of the Contract. AWARD: Award will be made to the company determined to best meet the aforementioned evaluation criteria. Thus, the result will not be determined by price alone. The Town will be seeking the least costly outcome that meets the Town’s needs as interpreted by the Town. The Town 4 reserves the right to award this contract on an item by item basis, or an “all or none” basis, whichever is in the best interest of the Town. The successful contractor will be notified by the Town of Hillsborough. All proposals received will be made available to the public by request. BILLING AND PAYMENT Payment for this project shall be made at the contract unit price. A list of quantities of materials used shall accompany the invoice. All invoices shall specify the amount paid for labor, materials, and any applicable taxes including, but not limited to, sales taxes. Any sales taxes shall specify the entity (state or local) to whom taxes are paid and the amount of the taxes paid to said entity. Invoices should be submitted to the Town of Hillsborough for payment. The billing address is Town of Hillsborough, PO Box 429, 101 East Orange St., Hillsborough, NC 27278. Payment shall be made within 30 days of the invoice date for all valid invoices (Net 30). No payment will be made until completion of the work. SELECTION PROCESS AND ANTICIPATED SCHEDULE a. Deadline for bids ................................................ 2:00 pm –September 4, 2020 b. Award date………………. September 10, 2020 c. Proposed Start Date ............................................. September 21, 2020 NOTE: Prospective bidders are advised that no obligations or commitments are incurred by the Town of Hillsborough in announcing this Request for Proposals. It is the intention that the Town of Hillsborough, after appropriate evaluations, will select the best qualified contractor and enter into an Agreement for the proposed services. 5 Bidder Information: Company Name: Address: City/Zip Phone Number: Fax Number: Federal Tax ID: (W-9 needed from awarded company) ( ) Corporation ( ) Partnership – Name_ ( ) Individual/Proprietorship – Individual Name _ ( ) Other (Specify) Have you ever not completed a contract to term or been terminated by a client. If so, where and why? REFERENCES: The bidder must provide three (3) references for services rendered to public/commercial clients which are similar. in size and scope. Reference #1 Individual Name: Company Name: Address: Telephone: Reference #2 Individual Name: Company Name: Address: Telephone: Reference #3 Individual Name: Company Name: Address: Telephone: 6 Town of Hillsborough E-Verify Employer Compliance Statement I attest that has complied and will continue to comply with the provisions of North Carolina General Statutes Chapter 64, Article 2 relating to the E-Verify system and that all subcontractors engaged by (now and in the future) have complied and will continue to comply with these provisions. OR The above statement does not apply because employs less than 25 employees in the state of North Carolina. Signature Date 7 Project Costs Description/Material Estimated Quantity Cost Total Clear and Grub 1 15” RCP per Foot 304 30” RCP per Foot 54 357 Stone Stabilization per Ton 40 Road Ditched Per Foot Spoils Piled on Side 2,000 Road Repairs 1 ABC Stone Per Ton Tensar Roll for Road Repairs Temp. Check Dam Seeding and Matting Per Foot TOTALS Costs For Additional Work and Materials Description/Material Cost Rock Excavation Undercut and Waste Off Site Import Fill Dirt ABC for Backfill Company _________________________________ __________________________ ____________ Authorized signature & Title Date Town of Hillsborough _________________________ _____________ Eric Peterson, Town Manager Date 1 Town of Hillsborough Public Works Department ODIE STREET STORMWATER AND ROAD REPAIR CONTRACT THIS AGREEMENT for stormwater and road repair services on Odie Street (“Agreement”) made this date by and between the Town of Hillsborough, a N.C. municipal corporation whose address is 101 East Orange Street, Hillsborough, North Carolina (“Owner”), and name of business a Contractor qualified and licensed to do business in N.C. whose address is address (“Contractor”). WITNESSETH WHEREAS, Owner issued a request for proposals for the stormwater and road repair services. The request described the manner in which Services would be rendered and required that proposed prices be set for the scope of services as described in the Request for Proposals. WHEREAS, several qualified contractors, including name of company awarded contract submitted proposals that met Owner’s requirements. Contractor’s proposal setting forth it’s prices for Priced Services is attached as Request for Proposals (hereto referred to as Attachment A) and incorporated by reference; and WHEREAS, Contractor and Owner intend this Agreement to set forth the terms of their relationship including costs, payments, and the manner in which Services are to be rendered. NOW THEREFORE, in consideration of their mutual covenants, Owner and Contractor herein agree as follows: 1. PURPOSE OF AGREEMENT AND INCORPORATION OF RECITALS. This Agreement is designed to serve as a ‘master agreement’ pursuant to which Owner shall call upon Contractor to provide specific services as needed by Owner at the prices specified in Attachment A. The Recitals set forth above are incorporated into this Agreement. 2. EFFECTIVE DATE AND TERM. This Agreement shall be effective upon execution by both parties and shall have a completion date of December 1, 2020 or liquidated damages will apply. 2 3. Contractor represents and warrants that Contractor is licensed and qualified to perform the services. Contractor shall, for all services: • Perform such services in a professional manner and in the timeframe agreed upon. • Ensure all materials and workmanship is in accordance with applicable NCDOT Standards and Specifications and Hillsborough Town Code. • Work is to be conducted between 8:00 a.m. and 4:00 p.m. No holiday or weekend work allowed unless a prior authorization is obtained from the Hillsborough Public Works Director or the Public Works Supervisor. • Submit a valid invoice with sales tax information Owner shall pay for such Services as provided herein. 4. OWNER RESPONSIBILITIES. • Owner shall provide payment for services rendered pursuant to an accepted price (attachment A) specified therein in accordance with the following: • Upon completion of services specified and acceptance by Owner, Contractor shall submit an invoice on a form acceptable to Owner. Owner shall pay no later than thirty (30) days of receipt of a correct invoice. 5. INSPECTION. Owner, or its authorized representative, may inspect Contractor’s work at any time and Contractor shall undertake immediately to correct any deficiency noted by Owner. Failure of Owner to inspect or note deficiencies upon inspection shall not relieve Contractor of any of its obligations hereunder. 6. DEFAULT/TERMINATION. In the event either party defaults in their performance under this Agreement, the non-defaulting party may terminate the Agreement upon 10 business day’s written notice to the defaulting party. 7. INDEPENDENT CONTRACTOR: Contractor is an independent contractor and is responsible for its own actions and those of its officers, employees and agents when performing Services under this Agreement and is not an agent or employee of the Owner. 8. ASSIGNMENT: This Agreement may not be assigned, nor may its duties be delegated without the written consent of the Owner. 9. INDEMNIFICATION. Contractor shall indemnify and hold Owner, its officers, employees and agents, harmless from and against any and all claims, losses, liabilities, 3 expenses, charges, and damages arising from, or relating to or arising from Contractor’s performance of this Agreement, including but not limited to attorney fees, with respect to any cause arising out of, resulting from, or in connection with (a) any breach by the Contractor of any clause, condition or provision of this Agreement; (b) any breach or violation by the Contractor of any applicable criminal or civil law, rule or regulation; or (c) any other cause resulting from or related to performance by Contractor of its obligations pursuant to this Agreement. The Contractor shall promptly assume the defense of any claim, suit or action within the scope of this indemnification at its expense, upon being notified hereof this indemnification shall survive the termination of this Agreement. 10. NONDISCRIMINATION: Neither party to this Agreement shall discriminate on any prohibited basis including race, color, gender, age, religion or national origin, against any employees, applicant for employment, member of the public, participants or other person relating to the subject of this Agreement. 11. NOTICE: Unless provided otherwise, notices required or permitted to be given hereunder shall be deemed received five (5) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notices to the Owner shall be sent to: Ken Hines Public Works Director Town of Hillsborough P.O. Box 429 Hillsborough, NC 27278 All notices to Contractor shall be to: Name of authorized representative Title Name of Business Address 12. LAW/VENUE This Agreement shall be interpreted and the rights of the parties hereto governed and controlled by the laws of the state of North Carolina. Proper Venue for any action shall be Orange County, North Carolina. 13. MODIFICATION. A modification or waiver of any of the provisions of this Agreement or any accepted Sub-proposal shall be effective only if made in writing. 15. PARTIAL INVALIDITY. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 16. BINDING EFFECT. Every provision of this Agreement shall be binding upon each of the parties and their respective heirs, executors, administrators and assigns. 4 17. ENTIRE AGREEMENT. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes any other negotiations, understanding and representations (if any) made by and between the parties. 18. COMPLIANCE WITH LAWS. Contractor shall comply with all federal, state and local laws, ordinances and regulations (Including environmental laws and regulations) relative to the services provided. IN WITNESS WHEREOF, duly authorized officers of each party have executed this Agreement as of the day and year written above OWNER By: Eric Peterson. Town Manager ATTEST: ___________________________ Sarah E. Kimrey, Interim Town Clerk CONTRACTOR: By: _______ Name (Printed): _____________________ Title: ______________________________ Address: __________________________ This instrument has been pre-audited in the manner provided in the Local Government Budget and Fiscal Control Act. ___________________________ Hillsborough Finance Director Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Public Works Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.I Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Ken Hines, Public Works Director ITEM TO BE CONSIDERED Subject: Disaster management, recovery, and consulting services contract with Rostan Solutions, LLC Attachment(s): 1. Draft RFP for disaster debris removal and sample Hillsborough contract with Rostan Solutions, LLC Brief Summary: On July 21, 2020 the town issued a Request for Proposals for disaster management, recovery, and consulting services in the event of a natural disaster within the Town of Hillsborough. A total of six proposals were received. Each properly responding company was scored by town staff and Rostan Solutions was selected as the best company to perform the requested services primarily based on costs and experience. The South Carolina company has a twenty-year history of helping communities recover from disasters throughout the United States. The cities of Lumberton and Carolina Beach provided excellent references of Rostan’s performance and they are still assisting Carolina Beach in their recovery from Hurricane Isaias. Additionally, Chapel Hill has selected the company for their disaster management and recovery. Action Requested: Approve/disapprove entering into a contract with Rostan Solutions, LLC for disaster management, recovery, and consulting services and authorizing the town manager to approve change orders if the contract not to exceed amount of $100,000 was insufficient. ISSUE OVERVIEW Background Information & Issue Summary: By having the contract with Rostan executed, the response time would be improved when a FEMA declared disaster occurs requiring debris removal in Hillsborough. Their primary purpose is to monitor the debris removal company by keeping records of the amount of debris and to provide all documentation required by FEMA to the town and to assist with the FEMA application process for reimbursement. The contract term is for a two-year agreement with the option to extend for two additional one‐year periods. This contract shall only be used on an “as needed” basis as determined solely by the town. Financial Impacts: Costs would be determined by the size and scope of the disaster; however, the town would seek reimbursement from FEMA which could be as much as 80% of costs. Staff Recommendations/Comments: Approve contract with Rostan Solutions, LLC REQUEST FOR PROPOSAL Town of Hillsborough 101 East Orange St. Hillsborough, NC 27278 Bid Title: Disaster Management, Recovery, and Consulting Services Date of Issue: July 21, 2020 Proposals Due: August 14, 2020 Submit To: Ken Hines, Public Works Director Town of Hillsborough 101 East Orange St. Hillsborough, North Carolina 27278 2 Table of Contents Notice of Request for Proposals 3 Instructions for Proposals 5 1.0 Introduction 5 2.0 Scope of Services 6 3.0 Desired Timetable 7 4.0 Requests for Interpretation 7 5.0 Proposal Requirements 8 6.0 Submission of Proposals 9 7.0 General 10 8.0 Payment 12 Non-Collusion Affidavit 13 Certification Regarding Lobbying 14 Proposer’s Bid Certification Form 15 Certification Regarding Debarment and Suspension 17 Sample Contract-“Federal Assistance – Small Services Contract” 18 3 Notice of Request for Proposals For Disaster Management, Recovery, and Consulting Services For Town of Hillsborough Hillsborough, North Carolina PROJECT: Disaster Management, Recovery, and Consulting Services FROM: Ken Hines, Public Works Director NOTICE DATE: July 21, 2020 SUBMISSION DATE: August 14, 2020 by 2:00 PM, EST The Town of Hillsborough is requesting proposals from qualified firms to provide disaster management, recovery, and consulting services in the event of a natural disaster within the Town of Hillsborough. Sealed proposals for Disaster Management, Recovery, and Consulting Services (the “Project”) to be furnished to the Town ofHillsborough, N.C. will be received by Ken Hines, Public Works Director, 101 East Orange St., Hillsborough, N.C., until Friday, August 14, 2020 by 2:00 PM, EST. The award of a contract under this solicitation will be paid with federal funding. Funding is contingent upon compliance with all terms and conditions of funding award. All prospective firms shall comply with all applicable federal laws, regulations, executive orders, FEMA requirements and the terms and conditions of the funding award. In addition, firms providing submittals shall be responsible for complying with state law and local ordinances. Prospective bidders may view the Request for Proposals attached below, and on the Hillsborough website (wwwhillsboroughnc.gov. Click on “I Want To” menu, then “View” option, then "Bid Postings"). All requests for interpretations related to this RFP must be submitted in writing to the Public Works Director, Ken Hines, Public Works Department, Town of Hillsborough at ken.hines@hillsboroughnc.gov by 12:00 pm (noon) on Thursday, July 30, 2020. All responses to timely submitted requests for interpretations will be published in the form of an addendum on the Town’s website on Tuesday, August 4, 2020. For questions on the bidding procedures, contact Ken Hines at 919‐296‐9601. In order to be considered, all proposals must be submitted no later than 2:00 PM (EST) on Friday, August 14, 2020. Firms mailing proposal packages should allow delivery time to ensure timely receipt of their proposal. The responsibility for getting the proposal to the Town of Hillsborough Public Works Director on or before the specified time and date is solely and strictly the responsibility of the proposing contractor. The Town will in no way be responsible for delays caused by any occurrence. Proposals may be hand carried, mailed, or use a commercial carrier to: 4 Ken Hines, Public Works Director Town of Hillsborough 101 East Orange Street Hillsborough, North Carolina 27278 Hours of Operation: 8:00 a.m. ‐ 3:30 p.m. (EST) Monday through Friday Phone: (919) 296‐9601 Email: ken.hines@hillsboroughnc.gov The Town of Hillsborough reserves the right to reject any and all bids for any reason or no reason and to accept the bid most favorable to the Town of Hillsborough. PUBLISHED JULY 21, 2020 Town of Hillsborough website: www.hillsboroughnc.gov State of NC Interactive Purchasing System website: www.ips.state.nc.us HUB Website: https://ncadmin.nc.gov/businesses/hub/events 5 anfllsboroug Instructions for Proposals For Disaster Management, Recovery, and Consulting Services For Town of Hillsborough Hillsborough, North Carolina PROJECT: Disaster Management, Recovery, and Consulting Services FROM: Ken Hines, Public Works Director NOTICE DATE: July 21, 2020 SUBMISSION DATE: August 14, 2020 by 2:00 PM, EST PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE PREPARING AND SUBMITTING YOUR BID All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid. 1.0 Introduction The Town is requesting proposals from experienced and qualified firms to provide disaster management recovery and consulting services in the event of a natural or manmade disaster within the area as directed by the Town. The Town of Hillsborough is located west of Durham, N.C. and northwest of Chapel Hill, N.C. Hillsborough encompasses 3,856 acres and is located within Orange County with more than 7,000 residents and is a vibrant town with a diverse heritage. The Town will enter into a contract with no committed immediate or annual cost to the Town, and will activate the contract as needed. The Town is seeking to enter into a two (2) year contractual agreement with the option to extend for two additional one‐year periods for the services contained within this RFP. The Town has a primary contractor for disaster debris clearance and removal services. The primary contractor is Crowder Gulf, LLC. The Town has not activated a contract for disaster management and recovery and consulting services since 2014 and does not have a recent bid tab for review for these services. The Town also does not have a debris management plan. Responding firms must, at a minimum, have performed at least three (3) disaster management, recovery and consulting services projects in excess of 150,000 cubic yards and provide references for the communities where these projects took place. Firms will need to be licensed to do business in North Carolina and certify that they are not included on the debarred FEMA list. It is intended that the successful bidder shall furnish all 6 tools, equipment, machinery, apparatus, labor and materials necessary to complete all work required under the terms of such contract(s) as may be entered into. 2.0 Scope of Services The scope of services may include disaster management, recovery, and consulting services to support the oversight and management of debris clearance and removal contractors. As such, the firm should be capable of providing a range of related services including damage assessment, debris monitoring, training, emergency planning, infrastructure restoration, and other services as needed and requested by the Town. Other services may include, but not limited to, facilitating communication with FEMA, FHWA, the State of North Carolina and other state and federal agencies, coordination with state or county insurance representatives, pre‐event planning, post‐event reconstruction, grant funding, and reimbursement services. A. Debris Monitoring Services The selected firm will be expected to provide debris monitoring services to include debris generated from the public rights‐of‐way, private property, drainage areas, waterways, and other public, eligible, or designated areas. Specific services may include: a. Coordinating daily briefings, work progress, staffing, and other key items with the Town. b. Selection and permitting of TDSRS locations and any other permitting/regulatory issues as necessary. c. Scheduling work for all team members and contractors on a daily basis. d. Hiring, scheduling, and managing field staff. e. Monitoring recovery contractor operations, and making/implementing recommendations to improve efficiency and speed up recovery work. f. Assisting the Town with responding to public concerns and comments. g. Certifying contractor vehicles for debris removal and maintain a truck certification list utilizing FEMA guidance. h. Entering load tickets into a database application. i. Digitization of source documentation (such as load tickets). j. Developing daily operational reports to keep the Town informed of work progress. k. Development of maps, GIS applications, etc. as necessary. l. Comprehensive review, reconciliation, and validation of debris removal contractor(s) invoices prior to submission to the Town for processing. m. Project Worksheet and other pertinent report preparation required for reimbursement by FEMA, FHWA and any other applicable agency for disaster recovery efforts by Town staff and designated debris 7 removal contractors. n. Final report and appeal preparation and assistance. B. Emergency Management Planning and Training As directed by the Town, the selected firm shall provide: a. Project management to include the formulation and management of permanent work projects, task force management, and Town Boards and Panels. b. Technical support and assistance in developing public information regarding debris pick‐up and safety. c. Other training and assistance as requested by the Town. d. Other reports and data as required by the Town. e. Other emergency management/consulting services identified/required by the Town, including possibly assisting with and providing input on development of a debris management plan. C. Damage Assessment and Reconstruction Services If requested, the selected firm shall provide post‐disaster damage assessment and reconstruction services to include assessment, planning, engineering, and construction management services. Specific areas where services may be requested include Town facilities, utility systems, transportation systems, and other sectors as required. 3.0 Desired Timetable A. RFP Issued B. Written Questions due C. Responses to questions D. Submittals due F. Anticipated Contract Award Tuesday, July 21, 2020 Thursday, July 30, 2020 by 12:00 noon, EST Tuesday, August 4, 2020 Friday, August 14, 2020 by 2:00 PM, EST August 26, 2020 *All times above are Eastern Standard Time. 4.0 Requests for Interpretation All questions pertaining to this RFP must be submitted in writing no later than 12:00 PM on Thursday, July 30, 2020. Written questions should be emailed to: ken.hines@hillsboroughnc.gov. All responses to timely submitted requests for interpretations will be published in the form of an addendum of the Town’s website at www.hillsboroughnc.gov on Tuesday August 4, 2020. 8 5.0 Proposal Requirements In order to evaluate responses efficiently and equitably, responses must be submitted as identified below. Failure to submit this information may render your proposal non‐responsive. Each respondent shall provide the following information: Section 1: Introduction: Company Information (Weight 5%) • Firm’s name and business address, including telephone, email address, website address. • The type of firm (individual, partnership, corporation, etc.) and list the names of all partners, principals, etc. • Year established. Include former firm/company name(s) and year(s) established, if applicable. • The name, title, address, and telephone number of the firm’s authorized negotiator. The person identified must be empowered to make binding commitments for the firm. • A copy of the most recently audited financial statement or Dun and Bradstreet statement if sole proprietor. This page should be marked as “Confidential”. Section 2: Qualifications of the Firm (Weight 10%) • Provide an organizational chart, resumes, and summary of staff qualifications. Key project staff (management staff including, but not limited to: project manager, collection and disposal operations managers, FEMA reimbursement specialist, data manager, etc.) must be full time employees of the proposing firm. • Provide a copy of proposer’s internal training program. This may be provided under separate cover. This manual will NOT count towards the limit of pages for your proposal since it is being requested under separate cover • List any professional training and experience, especially in relation to the type and magnitude of work required for the particular scope of services. Section 3: Past Experience (Weight 25%) • Experience demonstrating current capacity and current expertise in debris removal, solid waste and hazardous waste management and disposal. o The proposer must demonstrate experience managing debris monitoring for government entities involving a minimum of 150,000 cubic yards of debris for each client. o List the number of existing disaster management contracts with other agencies. Provide an explanation of how the firm will fulfill this contract if several entities are affected by the same disaster and the firm has existing contracts in place with those entities. If this situation were to arise, how will the firm assure the Town that they will provide service here and not go to another location that has more damage? • Documented knowledge and experience of federal, state and local emergency agencies, state and federal programs, funding sources and reimbursement processes. • Experience with special disaster recovery program management services including private property/right‐of‐entry (ROE) work, waterways clean‐up and reimbursement, FEMA appeals processing, hauler invoice reconciliation and contracting. Section 4: Technical Approach and Delivery Schedule (Weight 20%) • Provide a description of how your team will work with Town staff prior to contract activation to discuss workflow during an event • Provide a general discussion of the proposing firm’s technical approach to the project to include startup procedures/requirements, debris estimate methodology, analysis of debris recovery operations and management of the debris recovery contractors, billing/invoices reporting procedures to FEMA and the County. • Provide a time line detailing the pre‐event planning (based on hours/days after contract award). Section 5: References: Past Performance (Weight 15%) • Provide references for which the firm has performed services within the past ten (10) years that are similar to the requirements in the Scope of Services. It is preferred that references be from government entities for debris monitoring experience involving a minimum of 150,000 cubic yards of debris. Provide the reference contact name, address, e‐mail address, telephone number(s), date of the contract, and amount of contract. Section 6: Hourly Rates (Weight 20%) ection 7: Other Requirements (Weight 5%) • Information concerning any pending, ongoing, or prior litigation within the last 10 years. • Any and all exceptions/deviations to the required Scope of Services and/or the Sample Agreement shall be documented on a separate page. • Statement of the firm’s willingness and ability to utilize local contractors and their general requirements for doing so. This includes the contractor’s use of minority and women owned businesses to provide services. 6.0 Submission of Proposals A. Deadline: Deliver two (2) original hardcopies. Proposals shall be sealed and marked Town of Hillsborough, Disaster Management, Recovery, and Consulting Services.” Sealed proposals must be received by 2:00 PM EST, on August 14, 2020, at Town Hall, Town of Hillsborough, 101 East Orange Street, Hillsborough, NC 27278. (Mailed copies are required. The vendor may choose to submit one (1) electronic copy (pdf format) for staff convenience by email to ken.hines@hillsboroughnc.gov with “Disaster Management, Recovery, and Consulting Services” in the subject line.) B. Addenda: Each Proposer is responsible for determining that all addenda issued by the Town of Hillsborough, Public Works Director have been received before submitting a proposal. All such addenda shall become part of the contract and all Bidders shall be bound by such addenda. C. Identification: Proposals shall be enclosed in a sealed envelope addressed to the Public Works Director, Town of Hillsborough, 101 East Orange St., Hillsborough, NC 27278 and should be clearly marked “RFP, Disaster Management, Recovery, and Consulting Services ”. D. Time is of the essence: Any proposal received after the announced time and date for submittal, whether by mail or otherwise, will be rejected. It is the sole responsibility of the firm for ensuring that their proposal is received by the Public Works Director before the deadline indicated above. The Town of Hillsborough Public Works Department will in no way be responsible for delays caused by any occurrence. E. Preparation of Response: The firm’s proposal should be prepared simply and economically and should provide all the information which it considers pertinent to its proposal and qualifications for the work to be performed. Emphasis should be placed on completeness of services offered and clarity of content. 9 10 The response should be limited to fifty (50) pages. To allow for a timely review process, please submit only requested and relevant information. F. Propriety Information: Trade secrets or proprietary information submitted by a proposer, in connection with a procurement transaction shall not be subject to the public disclosure under the NC Public Records Law. However, the proposer or offeror must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data on other materials to be protected and state the reasons why protection is necessary. Each individual page shall be identified in boldface at the top as "CONFIDENTIAL" in a font size of 14 or larger. Any section of the proposal that is to remain confidential shall also be so marked in boldface on the title page of that section along with each individual page within that section. Cost information and any other public information may not be deemed confidential; therefore, it is requested that only the necessary confidential pages be marked. G. Binding: Submittals must include the proposer’s bid certification form (contained within) signed by an authorized representative of the company/firm to legally bind the offer. All proposals submitted without such signature may be deemed non‐responsive. H. Miscellaneous: Nothing herein is intended to exclude any responsibilities or in any way restrain or restrict competition. All firms are encouraged to submit proposals. The Town reserves the right to waive any informalities and to reject any and/or all proposals. In addition, the Town reserves the right to cancel a solicitation at any time prior to the award of a contract. 7.0 General A. Time for Consideration: The Town shall have a period of ninety (90) calendar days from due date of the proposals in which to award the contract. The Proposer shall be bound by their proposal during that time. A company may withdraw a proposal by written request prior to the date and time of the proposalopening. B. Contract Term: It is the intent of the Town to enter into a two (2) year contractual agreement with the option to extend for two additional one‐year periods. This contract shall only be used on an “as needed” basis as determined solely by Town. C. Evaluation of Submittals: Evaluation factors have been identified Section 5. “Proposal Requirements.” Proposals will only be evaluated on the factors included within this RFP. A committee will evaluate all responses received by scoring them on the weighted system provided. The evaluation committee will be comprised of Town personnel. The Town is not required to hold interviews; however, depending on the number of responses and the information contained in the responses, the Town may decide to conduct interviews with firms that the committee believes have demonstrated within their proposal the required experience and qualifications of the firm. In addition, the firm’s experience, references, and past performance on public contracts will be considered. D. Contract Award: The contract shall be awarded to the firm whose proposal is determined to be most advantageous to the Town, taking into consideration the firm’s qualifications, experience, and price. Consideration shall also be given to the company’s integrity, compliance with public policy, record of past performance, references, and financial and technical resources. 11 E. Contracting with small, minority and women owned business enterprises: The Town encourages all businesses, including minority and women‐owned businesses to respond to all Request for Proposals. In addition, if subcontracts are let, the awarded contractor must ensure that the necessary affirmative steps are taken: a. Place qualified small, minority, and woman‐owned businesses on solicitations lists; b. Assure that such businesses are solicited when they are potential sources; c. Divide total requirement, when economically feasible, into smaller tasks or quantities to permit maximum participation by such businesses; d. Establish delivery schedules, where requirements permit, which encourage such businesses to respond; e. Use service and assistance from such organization as SBA, minority business development agency of the Department of Commerce; Firms shall include these special provisions in all subcontracts for this contract. Failure on the part of the Contractor to carry out the requirements set forth in the special provision may constitute a breach of contract and after proper notification may result in termination of the contract or other appropriate remedy. F. Activation of Contract: Should the contract be activated, fees will be estimated based off the initial assessment of damages occurred. G. Funding Source: Payment for services under contract by this solicitation will be paid with federal funding. Funding is contingent upon compliance with all terms and conditions of funding award. The selected firm shall comply with all applicable federal laws, regulations, executive orders, FEMA requirements and the terms and conditions of the funding award. H. Compliance by Awarded Firm: The awarded firm shall comply with all applicable federal laws, regulations, executive orders, FEMA requirements, and the terms and conditions of the funding award. In addition, firms providing submittals shall be responsible for complying with state law and local ordinances. I. Certification of Proposer Regarding Debarment: By submitting a proposal under this solicitation, the Proposer or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. J. Form of Contract. The contract to be awarded as a result of this RFP will be in substantially the same form and content as the sample “Federal Assistance ‐ Small Services Contract” included in this bid package. In the event that additional terms and conditions are proposed to be attached to said contract, there shall be none of the following unless Town’s express prior written agreement is obtained: (i) any limitation on, or disclaimer of, implied or express warranties or the liability of Contractor; (ii) any limitation on damages, including a limitation on consequential damages; (iii) any requirement for arbitration or for mandatory mediation; (iv) any requirement that Town officials or employees keep information confidential or that records be kept confidential by the Town, unless the requirement for confidentiality meets the requirements of the North Carolina Public Records law. K. Insurance Provisions: The successful bidder shall procure and maintain during the life of the contract the Insurance Provisions as outlined in the attached Sample “Federal Assistance – Small Services Contract.” Required coverage limits will be 1) Comprehensive General Liability and Business Automobile ‐ $1,000,000 per occurrence and 2) Workers’ Compensation ‐ $100,000 for both employer’s liability and bodily injury 12 by disease for each employee and $500,000 for the disease policy limit. The Town shall be named as an additional insured for Comprehensive General Liability and Business Automobile policies. 8.0 Payment A 10% retainage will be held until the end of the project when final reconciliation is complete. Firms must submit invoices regularly by the end of each month for services performed. Invoices cannot be turned in for more than a 30‐day period. Contractor must submit final invoice within thirty (30) days of completion of scope of work. Completion of scope of work will be acknowledged, in writing, by the Town Debris Manager. The Contractor shall bill and the Town shall pay the unit prices set forth therein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the by the ContractCoordinator. 13 Non-Collusion Affidavit Proposal Request No.Q19-119 State of North Carolina Town of Chapel Hill (name of individual), being first duly sworn, deposes and says that: 1. He/She is the (title) of (company name), the proposer that has submitted the attached proposal; 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Such proposal is genuine and is not a collusive or sham proposal; 4. Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer firm or Person to submit a collusive or sham proposal in connection with the contract for which the attached proposal has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with any other proposer, firm or person to fix the price or prices in the attached proposal or of any other proposers, or to fix any overhead, profit or cost element of the proposal price of the proposal of any other proposer or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the Town or any person interested in the proposed contract; and 5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Seal if Title Corporation Date: This form must be notarized SUBSCRIBED AND SWORN TO BEFORE ME, This day of , 2019 Notary Public My Commission Expires: 14 Certification Regarding Lobbying “Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) This certification requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for an award of $100,000 or more shall file the required certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobby Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. The offeror, by signing its offer, hereby certifies, to the best of his or her knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Printed Name and Title of Contractor’s Authorized Official Date: 15 To Whom It May Concern: Proposer’s Bid Certification Form Hillsborough Disaster Management Recovery and Consulting Services I have carefully examined the Request for Proposal and any other documents accompanying or make a part of this Request for Proposal. I hereby propose the following hourly rates. Hourly rates shall include all costs associated with the required services. I agree that my proposal will remain firm a period of up to 90 days in order to allow the Town adequate time to evaluate the proposals. NOTE: Proposers bid certification form must be notarized – see next page. POSITIONS Project Manager HOURLY RATES $ Operations Managers $ Schedule/Expeditors $ GIS Analyst $ Field Supervisors $ Debris Site/Tower Monitors $ Environmental Specialist $ Project Inspectors $ (citizen drop‐off site monitors) Load Ticket Data Entry Clerks $ Billing/Invoice Analysts $ Administrative Assistants $ Field Coordinators $ (crew monitors) Other Required Positions (please specify) $ (please specify) $ (please specify) $ Proposer may include other positions, with hourly rates and attach job description for each position. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service; no officer employee or agent of the Town or any other proposer is interested in said proposal; and that the 16 undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The firm will comply with all applicable federal laws regulations, executive orders, and the latest version of FEMA policies, procedures, and directives. It is distinctly understood that the Town reserves the right to reject any or all proposals. Name of Firm Federal Tax ID: Phone: Authorized Signature Fax: Printed or Typed Name and Title Email: NOTARIZE Subscribed and sworn to before me this Mailing Address day of , 2019 City/State/Zip Code Notary Public My Commission expires: (SEAL, if Corporation) THIS FORM MUST BE NOTARIZED Certification Regarding Debarment and Suspension The Use of any Contractor that has been declared debarred by the office of Federal Contract Compliance Programs (OFCCP) is prohibited. Further the use of subcontractor(s) that has been declared debarred by OFCCP is prohibited. A complete list of federally disbarred contractors can be found at www.sam.gov. It is the sole responsibility of the Contractor to ensure that subcontractor(s) are in good standing with the OFCCP and not on the disbarment list. The undersigned applicant certifies to the best of his or her knowledge and belief, that he applicant and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal Department or agency; (b) have not within a 3-year period preceding this proposal been convicted of or had a valid judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted or otherwise criminally or civilly charged by a governmental entitle (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the applicant not be able to provide this certification, an explanation as to why should be placed after the assurances page in the application package. The applicant agrees by submitting the proposal that it will include, without modification, the clause titled “Certification Regarding Debarment, Suspension, in eligibility, and Voluntary Exclusion-Lower Tier Covered Transactions” in all lower tier covered transactions (i.e., transactions with sub-grantees and/or contractors) and in all solicitations for lower tier covered transactions. (Seal if Corporation ) Signature Title Date: NOTARIZE SUBSCRIBED AND SWORN TO BEFORE ME, This day of , 2019 NOTARY PUBLIC My Commission Expires: 17 Sample Contract-“Federal Assistance – Small Services Contract” The awarded Contractor will be required to enter into a contract issued by the Town. Any exceptions to the terms of this Agreement or additional terms must be included as requested in “5.0 Proposal Requirements” Section 7. STATE OF NORTH CAROLINA COUNTY OF ORANGE CONTRACT FOR DISASTER MANAGEMENT, RECOVERY AND CONSULTING SERVICES FOR THE TOWN OF HILLSBOROUGH, NC This Contract is made and entered into by and between the “Town of Hillsborough”, herein “Town” and “Rostan Solutions, LLC, 4600 Goer Drive, Suite 200A, North Charleston, SC 29406”, herein “Contractor”, for services hereinafter described for the Town. This Contract is for Disaster Management, Recovery, and Consulting Services. WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor agree: 1. Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A attached hereto and incorporated herein by reference. 2. Duties of the Town: The Town shall pay for the Contractor’s services as set forth in Exhibit A. 3. Fee Schedule and Maximum Sum: Contract amount is not to exceed $100,000, Payment shall be made according to Exhibit A. 4. Federal Assistance. This Contract is funded, in whole or in part, by federal assistance. Accordingly, the federal provisions contained in Exhibit B apply, as applicable. 5. Billing and Payment: The Contractor shall submit a bill to the Town for work performed under the terms of this Contract. The Contractor shall bill and the Town shall pay the rates set forth therein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the contact person or his/her designee. 6. Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town of Hillsborough and its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys’ fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town. 7. Insurance Provisions: The Town requires evidence of Contractor’s current valid insurance (if applicable) in the amounts stated below during the duration of the named project and further requires that the Town be named as an additional insured for Comprehensive General Liability and Business Automobile policies. The required coverage limits are: 1) Comprehensive General Liability and Business Automobile - $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for both employer’s liability and bodily injury by disease for each employee and $500,000 for the disease policy limit. 18 8. Non-Discrimination: The Contractor contractually agrees to administer all functions pursuant to this Contract without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression. 9. Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable federal and state laws, including those on immigration. 10. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, should Contractor utilize a subcontractor(s), Contractor shall require the subcontractor(s) to comply with the requirements of Article 2, Chapter 64 of the General Statutes. Pursuant to North Carolina General Statute § 143-133.3 (c)(2), contracts solely for the purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision. 11. Amendment: This Contract may be amended in writing by mutual agreement of the Town and Contractor. 12. Termination: Except as may be set forth for certain described contracts in Exhibit B, either party may terminate this Contract at any time by giving the other party thirty (30) days written notice of termination prior to the end of the term as described herein. 13. Interpretation/Venue: This Contract shall be construed and enforced under the laws of North Carolina. The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. Contrary to any provision that may be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury. 14. Preference: In the event that the terms of any exhibit attached hereto are not consistent with the terms of this Contract, this Contract shall have preference; provided that where either any exhibit attached hereto or this Contract establishes higher standards for performance by either party, the higher standard, wherever located, shall apply. 15. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect. 16. Assignment: This Contract shall not be assigned without the prior written consent of the parties. 17. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Contract that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract. 19 18. Non-Appropriation Clause: Contractor acknowledges that the Town is a governmental entity, and the Contract validity is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Town’s obligations under this Contract, then this Contract shall automatically expire without penalty to the Town, thirty (30) days after written notice to Contractor advising of the unavailability and non- appropriation of public funds. It is expressly agreed that the Town shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations. 19. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the Town certified statements setting forth, the cost of all materials purchased from each vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the same vendor, the Contractor’s certified statement shall indicate the invoice number, the inclusive dates of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid thereon. The Contractor’s certified statement shall also include the cost of any tangible personal property withdrawn from the Contractor’s warehouse stock and the amount of North Carolina sales or use tax paid thereon by the Contractor. The Contractor shall furnish such additional information as the Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by the Town for sales or use taxes. The Contractor shall obtain and furnish to the Town similar certified statements by the subcontractors. The certified statements to be furnished shall be in the form of the standard CONTRACTOR’S SALES TAX REPORT and shall be submitted with each request for payment. The Town will not make payment to the Contractor until the CONTRACTOR’S SALES TAX REPORTS ARE SUBMITTED. Any and all refunds received by the Town of said taxes shall remain with the Town, and the Contractor shall not be entitled to such refund. 19. Term: This Contract, unless amended as provided herein, shall be in effect until September___, 2022. [SIGNATURES ON FOLLOWING PAGE.] 20 This Contract is between the Town of Hillsborough and Rostan Solutions, LLC_ for Disaster Management , Recovery, and Consulting Services. IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names. SIGNATURE PRINTED NAME & TITLE WITNESS PRINTED NAME & TITLE TOWN OF HILLSBOROUGH DEPARTMENT HEAD OR DEPUTY/TOWN MANAGER PRINTED NAME & DEPARTMENT ATTEST BY TOWN CLERK: TOWN CLERK TOWN SEAL Town Clerk attests date this the day of , 20 . Approved as to Form and Authorization TOWN LEGAL STAFF This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. FINANCE OFFICER DATE 21 EXHIBIT A This Exhibit will include the submitted proposal and this RFP as an attachment, incorporating requirements by reference. EXHIBIT B Additional Provisionsfor Contracts Funded Through Federal Assistance, Including Provisions for FEMA Assistance, Reimbursement Contracts This Contract for purchases, services, construction or repairs to be provided by the Contractor hereto to the Town of Chapel Hill is funded, in whole or in part, by Federal assistance in the form of grant, sub‐grant, loan or reimbursement either directly to the Town as a recipient or to the Town as a subrecipient of funding provided from the Federal government to an agency of the State of North Carolina or to another pass‐through agency. Accordingly, the following Federal provisions apply to this Contract pursuant to 2 CFR § 200.326 and 2 CFR Part 200, Appendix II, as applicable. A. All Contracts - Compliance with Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contain the names ot parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (2 CFR Part 200, App. II (1)) B. Certain Contracts ‐ Compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). Contractor will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan. (2 CFR Part 200, App. II (H)) C. Certain Contracts ‐ Compliance with Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance ofexperimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (2 CFR Part 200, App. II (F)) o. Prime Construction Contracts in excess of $2,000 (when required byl=ederal program legislation) - Compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141‐3144 and 3146‐3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor must pay wages not less than once a week. The Town must place a copy of the current prevailing wage determine issued by the Department of Labor in each solicltation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The Town must report all suspected or reported violations to the Federalawardingagency. [2 CFR Part 200, App. II ID)] E. Prim@ Construction Contracts in @xc@ss of $2,000 (when required by �d0ralprogram leqislation)-Complianoowith the Copeland "Anti• Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the Federal Assistanee / FEMA -9.13.2018 compensation to which he or she is otherwise entitled. The Town must report all suspected or reported violations to the Federal awarding agency. [2 CFR Part 200, App. II (D)) J:. All Contracts of $10,00 0 .and above ‐ Termination by Town. The Town reserves. the right to immediately terminate any agreement in excess of $10,000 in the event the Contractor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; ( 2) make anypayments owed; or (3) othervviseperformin accordancewith the contract and/or the procurement solicitation. The Town also reservesthe righttoterminate theContractforconvenience, withthirty (30) days written notice to the Contractor, if the Town believes, in its sole discretion, that it is in the Town's best interest to do so. In the event the Town terminates. this Contractfor convenience, the Contractor will be compensatedforwork performed andaccepted andgoodsaccepted by the Town as of the termination date, Any award under this procurement process is not exclusive and the Town reserves the right to purchase goods and services from other vendors when it is in the best interest of the Town. (2 CFR Part 200, App. II (B)) G. Contracts for purchases exceeding $10,000 in value for a single item or through cumulative acquisition - Compliance with section bU(U ot the �olld waste u1sposal Act, as amende<I by tne Hesource Conservation and Recovery Act (Procurement of recovered materials (2 CFR §200.322]). In performance of this contract, contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quanttty acquired during the preceding fiscal year exceeded $10,000; procuringsolid waste management services in amanner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [2 CFR Part 200, App. II (K)J H. All contracts in excess of $10 0 000 ‐Compliance with Byrd Anti‐ Lobbying Amendment (31 U.S.C.1352). Contractor will not and hasnot used Federalappropriated funds to pay.anyperson or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352, Each tier must disclose any lobby with non‐Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are to be forwarded from tier to tier up to the non‐Federal award. [2 CFR Part 200, App. II (J)j I. Contracts in excess of $100.000 involving employment of mechanic s or laborers (where applicable) ‐Compliance with Contract Work Hours and Safety Standards Act 40 U.S.C. 3702 and 3704 (40 U.S.C. 3701‐3708, as supplemented by Department of Labor regulations [29 CFR Part 51), Per 40 U.S.C. 3702, Contractor must compute the wages of every mechanic and labor er on the basis of a standard work week of 40 hours. Work in excess of the standard work week is perm issib le provided that the worker is com pe nsat ed at a rate of not less t han one and a h alf ti mes t he basic rate of pay for al l hours wor ke d in excess. of 40 hou rs i n t he wo rk w ee k. Pe r 40 U.S.C. 3704, no instances in which an emp loyee who has access t o t he compensat io n infor matio n of ot her emp loyees or app lic ants as a part of such employee's essent ial jo b f unctions discloses the compensat io n of such othe r employees o r appl ican t s to indi viduals who do not ot herwise have access to such informat ion , unless such d is clos ure is i n re s po nse t o a formal comp la i nt or ch arge, in la borer o r me chan ic i nvo lved in const ruct io n work ca n be re qui re d to f u rt he ra nce of a n inve s.ti,gat io n, proceed in, g he.a ri n,g, or action, work in surrou ndingsor under working conditio ns which are unsanitary, hazardous or dangerous. These r equirements do not app ly to the purchases of suppl ies or mater ial s or articles o rdinaril y availabl e on th e open market. or contracts for t ransportation or t ransmission of intelligence. [2 CFR Part 200, App. II (E)] J, All Contracts of $150,000 and above - Breach or Violation of Terms by Contractor. The Town reserves all r ights and priv ileges under t he opp l iC,jb le law ,jnd r g:u la t ion :5 w i t h r e::!ip c t to t h i:5 p rocu r m n t in t h e event of breach or violat ion of terms of this Contra ct by the Contra ctor . [2 CFR Part 200, App, II (A)] K. Contra cts in excess of $150.000 - Compliance with Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollu t ion Control Act (33 U.S.C. 1251 -B Bn, as amended. Con t racts and subgrant s of amoun ts in excess of $150,000 must contai n a pro vision t hat req uires t he no n-Fe dera l a wa rd to agree to comply wit h a l l a pp li c ab le sta nda rd s., or de rs. or reg u lat io ns iss ue d purs.u ant to the Clea n Ai r Act (42 U.S.C. 7401-7671q) and t he Federal Water Pollution Con tr o l Act as amended 133 U.S.C. 1251-1387). Violat io ns must be repon ed to the Federal award ing agency and the Regional Office of the Environmental Pro te ction Agency IEPA). [ 2 CFR Part 200, App, II (G)] L. Const ructi on Contracts {except as prov id ed under41CFR Part 60) - Equal Employment Opportunity Clause under 41 CFR 60-1,4(b), in accordance with Execu ti ve Order 11246, "Equal Employment Opportunity" (30 FR 1 2319, 12935, 3 CFR Part, 1964-1965 Comp ., p. 339), as amended by Executive Order 11375, "Amendi ng Executive Order 11246 Relat ing to Equal Empl o yment Opportunity," and implementi ng regulations at 41 CFR Pan 60, "Office of Federal Contract Compliance Programs, Equal Employment OpJ>Ortunity, Depanment of Labor." During t he perfor mance of th is Co n tr act, t he Contr acto r agrees as fo l lows: 11 ) The Cont r actor wi ll not discri minat e agai nst any employee or app licant for employment because of race, colo r, religio n1 sex, sexual orientation, gender iden tity , or nation al origin. The cont ractor will take affirm ative action to ensure th at applica nt s are employed, and t hat employees are treated during employment wit hou t regard t o t he ir race? c o lo r, re ligio n , se x, sexua l or ie ntat io rn ge n de r ide nti t y, o r na t io n.a l o rigin. Such act io n s.h all incl ude , but no t be limited to the following: Emp l o yme nt , u pgrad i ng, de mot io n, o r t ransfe r; recru itme nt o r recruitment ad vertising; layoff or term inatio n; rates of pay or other forms of compensat ion; and selection for t raining, including appr enticeship. The Con t ractor agrees to post in conspicuous places. av ailable to emplovees and app licants fo r emplovment. notic es to be provided sell ing fort h t he provisions of this nondiscri minat ion cla use. 12) The Contr acto r will, in al l solicitat ions or adve rtisements for employees placed by or on behalf of the con tra ctor, state t hat all q ualified app licants will receive considera ti on fo r employment without regard to race, color, religion, sex, sexual orientat ion, gender ident ity, or nat ion al orig i n. 13) The Con t racto r will not discharge or in any other mann er discriminat e against any employee or applicant for employment because such emp loyee or appl ic ant has inqu ired about , discussed, or d i s closed t he com pe n sa t ion o f the e m plo yee or app l ic a nt or another e mp lo yee o r app lica nt. Th is provisi o n s h a ll not .a pp ly to Feder c1I A:5s i:5tani:e / FEM A - 9.13.2018 including an in vestigatio n conducted by t he employer, or is consistent with the Contrac tor's legal du t y to furnish informat ion. (4) The Co nt racto r w il l se nd to e.ach la bo r un io n or re prese nt at ive of worke rs with which he has a collective bargai ning agreement or ot her con tr act or understandi ng, a notice to be provided adv ising t he said labor union or workers' rep resentativesof t he cont ractor 's commttm ents under this sectio n, and shall post copies of the notice in coMp ic uo us pl.'lce s. o:111a il ab l e to em p l o es a n d i:1pp l i ci:1nB. for employment . (5) The Co nt ractor will comp ly with all provisions of Execut ive Orde r 11246 of Sep t ember 24, 1965, an d of the rules, regulat ions, and relevant orders of the Secretary of Labor. (6) The Con t ractor will furnish all infor matio n and reports required by Execut ive Order 11246 of September 24, 1965, and by rule s, reg u lat io ns, a nd o rde rs of t he Sec reta ry of La bor, or purs ua nt t heret o, an d will permit access to his books, records, and accounts by the admi nistering agency an d the Secr etar y of Labor for purp oses o f in vestigat ion to ascert ain comp lianc e w it h such ru le, s reg ulat ions1 and order s. (71 In t he event of the Contra ctor's noncom pliance with the nondiscri mination clauses of this Con t r act or with an y of the said ru les, regulations, or o rd ers, t his Cont ract may be canceled, terminated, or suspended in whole or in pan and the Contractor may be declared ineligible for furt her Government contracts or Federally assisted co nstr uction cont ract s in accordanc e wtth procedures aut hor i ze d in Execut ive Orde r 112 46 of Se pte mbe r 2 4 , 1 965 ? a nd s.uch o t he r sanc t io ns. may be i mpo sed .a n d re med ies i n voked as prov ided in Executive Order 11246 of September 24, 1965, or by ru le, regulat ion, or orde r of the Secretary of Labor, or as ot herwise provided by law. IB) The Contractor will include the port ion of the sentence immediat ely preceding paragraph (1) and t he provis ions of paragraphs (1) t hrough (8) in every subcont ract or purch ase order unless exempted by rules, regulat ion s, or orders of the Secr etary of Labor issued pursuant to section 204 of Execut ive Orde r 11246 of Sept ember 24, 1965, so that such prov isions will be b inding u pon each subcontractor or vendor. The Con tract or will take such action with resp ect to any subcontract or purchase orde r as t he adm i niste r i ng agency may di re ct as a me a ns o f en fo rci ng s uc h provisions, including sanctions for noncomp liance. Providecl how e ve r, t h.a t in the e ventt he Con t racto r becomes. i nvo lved i n, or is threatened ·wit h, litigatio n w it h a su bcont ractor or vendo r as. a re.su it o f s uc h d ir@ct io n by t h@ adm ini'St@ ri ng .ag@ncy, th@ Con t ractor may request t he United states to enter into such l ttigat ion to protect the interests of the Untted States. [2 CFR Part 200, App. II IC)] ADDITIONAL REQUIREMENTS - FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE, REIMBURSEMENT M . Changes. Any change in the contr act cost, modificatio n, chan ge order, or co nst ructive cha nge must be a llo w ab le, a l lo ca ble, w ith i n t he s.cope of it s. fu ndi n g, grant or coope rati ve ag ree me nt, a nd re aso na ble for t he complet ion of project scope. All changes and/or amendments to t he contr ac t wi ll be out lined in detail, for malized in wrtting, and signed by t he au t h orized rep resentat ive of each part y. Cont ractor's failure to do so shall constttute a materi al br each of the cont ract. N, Access to Records. The following access to records r equirements app ly to this contract : 11) The contractor agrees to provide the North Carolina Divisi on of Emergency Ma nagement, the Town of Chapel Hill, the FEMA Administrator , t he Comptrol ler General of the United States, or any of their authorized representatives access to any bo ok s.. do cument s, papers, and records of the Contractor which are direct ly pertinent to this contract for the purposes of making audits, exam inatio ns, excerpts., and tran s.cr ipt ions.. 12) The Contractor agrees to per m any of the foregoing parties to reproduce by any means whatsoever o r to copy excerpts and t ranscript ion s. as. reason.ably needed. 13) The cont ractor agrees to provide the FEMA Adm inistrator or his aut ho ri zed representatives access to constr uction or other work sites pertaining to the work being completed under the contra ct. 0. Department of Homeland Security Seal, Logo, and Flags. The contractor shall not use the DHS seal(s), lo gos, crests, or reproductions of f lagso r likene sses of DHS agency of ficials without specific FEMA pre- approval. P. Comp liance with Federal Law, Regulations, and Executive Orders, This is an acknow ledgement that FEMA financ ial assistance will be used to fund the contract only. The contractor wil l comply will all applicab le federal law, regul ations , execut i ve orders1 FEMA policies1 proce dures, and directives. Q. No Obligation by Federal Go""rnment. The Federal Government is not a party to this contr act and is not subject to an y obligations or liabilit ies to the non-Fed eral entity, contractor, or any other party pertaini ng to any matter resulting from the contra ct. R. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C.Chap. 38 (Adm inistrative Remedies for False Claim s and Statements) applies to the contractor's act ions pertaining to this con tract. S. Contract Work Hours and Safety Standards Act (29 CFR 5.5(b)(c)). The fol lo wing provisions apply to any contract in an amount in excess of $100,000 and :subject to the overtime provisio ns. of the Cont ra ct Work Hours and Safety Sta ndards Act. (1) Overtime requ frE>mE>nt s. No contractor or subcontractor contra cting for any part of the contract work which may re quire or involve t he employment of laborers or mechan ics shall requ i re or perm an y such la borer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such la bore r or mechanic receive s compensation at a rate not less than one and one-hal f times the basic rate of pay for all hours worked in excess of ton y hours in such workweek. 12) Violation; liability for unpaid wages; liquidated damages. In t he event of any violat ion of the clause set forth in paragraph (1) of this section the contractor and any subco ntractor responsible therefor shall be liable for the unpaid wages. In add it ion, such contractor and subcontractor shall be liabl e to the Untted States (in t he case of work done under contra ct for the Dis.t rict of Columb ia or a territo ry, to such District or to such territory), for liquidated damages. Such l iqu ida t ed dam ages shal l be computed with respect to each i ndividual laborer or mechanic, includ i ng wat chmen and guards, employed in violat ion of the clause set forth in paragrap h (1) of this section, in the sum of $26 for each cale ndar day on which such i ndividual was req uired or permitted to work in excess of t he standa rd workweek of forty hours without payment oft he overtime wages r equired by the clause set fort h in paragraph (1) of this section. 13) Withholding for unpaid wages and liquidated damages . The Town of Ch apel Hill shall upon its own act ion or upon wr itt en request of Federc1I A:5si:5tani:e / FEMA -9.13.2018 an authorized repre senta tiv e of the Depart ment of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcont ractor under any sueh contract or any other Federal contract with the same pri me contra ctor, or any other federa lly-assi st ed contract subject to the Contract Work Hours and Safety Stan dards Act, which is held by the same pri me contractor, such sums as. may be dete rm i ned to be necessary to satisfy any liabilit ies of such contra cto r or subcontr actor for u npaid wages and li qu idated damages as prov ided in the clause set forth in paragraph (2) of this section. (41 Subcontracts. The contracto r or subcontr actor shall insert in any subcontr acts t he clauses set forth in paragraphs (1) throu gh 14) of t his sect ion and also a clause requiri ng the subcontractors to include these clauses in any lower tier subcontracts. The prime controctor hall be re:5pon:5ib le for compliance by any ubcontri::li:tor or lower tier subcontra ctor with the clauses set fo rth in paragraphs (1) through (4) of this sect ion. T. Contr acts in excess of $1 50,000 - Compliance with Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pol luti on Control Act (33 U.S.C. 1251-1387), as amended. The contractor agrees to include the provisions of section K above in each subcont ract. The contractor further agrees to report each violation to the Town of Chapel Hill, and agrees. that the Town of Chapel Hill wil l, in tu rn, report each viol ation as required to assure not ificatio n to t he NC Divisi on of Emergency Ma n agem ent, FEMA and the R egional Office of the Envi ronmen tal Protection Agency IEPA). ADDITIONAL PROVISIONS - OTHER In addition to the above provisions requ ired by 2 CFR § 200 .326 and 2 CFR Part 200, Appendix II, this Contract is subject to additional Federal regulations including, but not limited to, the following: U. Non-Prof it Orga nization Subrecipient, - Records Retent ion Requirements. Except for certa in except ions ou tl ined in 2 CFR § 200 .33 3, records pert inent to t his Contract must be retained for a period of three years from the date of submission of the fi nal expenditu re repo rt or, tor Federal awards that are renewed quart erly or annually, from the date of the submission of the quarter ly or annual financia l report. [2 CFR § 200.333] V. All Contracts, Additional Requirements by Federal Awarding Agency. This Contract may be subject to additional requirements of the Federal awarding agency as may be specified in grant agree ments, grant award documents and/o r ot her docu ment s or correspondence associated with the Tow n's acceptance of Federal funding. Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Governing Body Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.J Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Mayor Jenn Weaver ITEM TO BE CONSIDERED Subject: Diaper Need Awareness Month proclamation Attachment(s): 1. Proclamation 2. Proclamation request letter Brief Summary: National Diaper Need Awareness Week is September 21 through 27, 2020. This event provides an excellent opportunity for our community to recognize the 17.9 percent of Hillsborough children living in poverty whose access to a reliable supply of clean diapers is necessary for their health and wellbeing. Moreover, Diaper Need Awareness Week can help educate the public that diapers cannot be bought with food stamps or WIC vouchers, making a sufficient supply of diapers an economic hardship for families in need. This official proclamation names September 21 through 27 as 2020 Diaper Need Awareness Week in the Town of Hillsborough, coinciding with the week of national recognition. Action Requested: Approve proclamation. ISSUE OVERVIEW Background Information & Issue Summary: N/A Financial Impacts: N/A Staff Recommendations/Comments: N/A OFFICE OF THE MAYOR, TOWN OF HILLSBOROUGH: AN OFFICIAL STATEMENT WHEREAS, diaper need, the condition of not having a sufficient supply of clean diapers to keep babies and toddlers clean, dry, and healthy, can adversely affect the health and well- being of babies, toddlers, and their families; and WHEREAS, national surveys and research studies report that one in three families struggle with diaper need and 48 percent of families delay changing a diaper to extend their supply; and WHEREAS, children go through 6 to 12 diapers each day during the two to three years they wear diapers; and WHEREAS, purchasing enough diapers to keep a baby or toddler clean, dry, and healthy can consume 14 percent of a low-wage family’s post-tax income, making it difficult to obtain a sufficient supply; and WHEREAS, a daily or weekly supply of diapers is generally an eligibility requirement for babies and toddlers to participate in childcare programs and quality early-education programs; and WHEREAS, without enough diapers, babies and toddlers risk infections and health problems that may require medical attention, and may prevent parents from attending work or school, thereby hurting the family’s economic prospects and well-being; and WHEREAS, the people of Hillsborough recognize that diaper need is a public health issue, and addressing diaper need can lead to economic opportunity for the state’s families and communities and improved health for children, thus ensuring all children and families have access to the basic necessities required to thrive and reach their full potential; and WHEREAS, Hillsborough is proud to be home to trusted community-based organizations including Diaper Bank of North Carolina that recognize the importance of diapers in ensuring health and providing economic stability for families and thus distribute diapers to families through various channels; and WHEREAS, Diaper Bank of North Carolina and its staff and volunteers served on the front lines of Hillsborough’s COVID-19 pandemic response helping families in our communities weather the crisis; and WHEREAS, while experiencing double, triple, or greater increase in demand for diapers due to the pandemic and economic shutdown, Diaper Bank of NC did everything in its ability to increase diaper distributions and support children and families in need of immediate assistance; now THEREFORE, I, Jenn Weaver, Mayor of the Town of Hillsborough, do hereby proclaim the week of September 21st through September 27th, 2020 as DIAPER NEED AWARENESS WEEK in the Town of Hillsborough, thank the aforementioned diaper banks, their staff, volunteers and donors, for their courageous service during the crisis, and encourage the citizens of Hillsborough to donate generously to diaper banks, diaper drives, and those organizations that collect and distribute diapers to those struggling with diaper need, so that all of Hillsborough’s children and families can thrive and reach their full potential. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 14th day of September in the year 2020. Jenn Weaver, Mayor Town of Hillsborough August 19, 2020 Honorable Jenn Weaver Mayor of Hillsborough Dear Mayor Weaver, National Diaper Need Awareness Week is September 21 - 27, 2020. This event provides an excellent opportunity for our community to recognize the 17.9 percent of Hillsborough children living in poverty whose access to a reliable supply of clean diapers is necessary for their health and wellbeing. Moreover, Diaper Need Awareness Week can help educate the public that diapers cannot be bought with food stamps or WIC vouchers, making a sufficient supply of diapers an economic hardship for families in need. The Diaper Bank of North Carolina, who is working in our community to bring attention to the issue of diaper need, would be honored if you would sponsor an official proclamation to name September 21 - 27 as 2020 Diaper Need Awareness Week, coinciding with the week of national recognition. Your proclamation would lend official acknowledgment to the important work of educating the public on diaper need as well as emphasize your personal commitment to addressing childhood poverty. We have a sample proclamation which may help your office compose the appropriate proclamation for our community. If you have any questions concerning the request, the sample proclamation, or National Diaper Need Awareness Week, please call Stacy Bauman at 336-830-4579. We appreciate your support of Diaper Need Awareness Week and the ending of childhood poverty in Hillsborough. Thank you for consideration of this special request. Sincerely, Michelle Old Executive Director Diaper Bank of NC Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning and Administration Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.K Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret Hauth, Planning Director/Assistant Town Manager, Eric Peterson, Town Manager and Sarah Kimrey, Interim Town Clerk ITEM TO BE CONSIDERED Subject: 2020 Board of Commissioners meeting calendar amendment Attachment(s): 1. 2020 Board of Commissioners meeting calendar Brief Summary: As the majority of town offices remain closed to the public and town board meetings continue to be conducted remotely, it is suggested to amend the meeting schedule to designate the meeting location for all Board of Commissioners meetings through December 2020 to remote (Town of Hillsborough YouTube channel). Action Requested: Amend the meeting schedule to as proposed. ISSUE OVERVIEW Background Information & Issue Summary: n/a Financial Impacts: n/a Staff Recommendations/Comments: n/a Adopted: Sept. 9, 2019 Amended: Feb. 10, 2020 Amended: May 11, 2020 Amended: May 26, 2020 Amended: June 8, 2020 Amended: Sept. 14, 2020 Hillsborough Board of Commissioners Meeting Calendar — 2020 All meetings start at 7 p.m. and are in the Town Hall Annex Board Meeting Room, 105 E. Corbin St., unless otherwise noted. Times, dates and locations are subject to change. Due to public health concerns related to COVID-19, the Board of Commissioners may conduct remote meetings utilizing Zoom. Members of the Board of Commissioners will participate in the meetings remotely. Members of the public will be able to view and listen to the meeting via live streaming video on the Town of Hillsborough YouTube channel. Monday, Jan. 13 Regular meeting Thursday, Jan. 16 Joint public hearing with Planning Board Monday, Jan. 27 Work session Monday, Feb. 10 Regular meeting Monday, Feb. 24 Work session Saturday, March 7 Budget retreat (9 a.m.) Monday, March 9 Regular meeting Monday, March 23 Work session — State of the Town Address (Remote) Monday, April 13 Regular meeting (Remote) Thursday, April 16 Joint public hearing with Planning Board – CANCELED Monday, April 27 Work session – CANCELED Monday, May 11 Regular meeting (Remote) Tuesday, May 26 Work session (Remote) Monday, June 8 Regular meeting (including budget public hearing and workshop) (Remote) Thursday, June 18 Joint public hearing with Planning Board (Remote) Monday, June 29 Work session and budget adoption (Remote) Thursday, July 16 Joint public hearing with Planning Board (Remote) Monday, Aug. 10 Regular meeting (Remote) Monday, Aug. 24 Work session (Remote) Monday, Sept. 14 Regular meeting (Remote) Thursday, Sept. 17 Special joint public hearing with Planning Board (Remote) Monday, Sept. 28 Work session (Remote) Monday, Oct. 12 Regular meeting (Remote) Thursday, Oct. 15 Joint public hearing with Planning Board (Remote) Monday, Oct. 26 Work session (Remote) Monday, Nov. 9 Regular meeting (Remote) Hillsborough Board of Commissioners Meeting Schedule — 2020 Page | 2 Monday, Nov. 23 Work session (Remote) Monday, Dec. 14 Regular meeting (Remote) Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Governing Board Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.L Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Mayor Jenn Weaver ITEM TO BE CONSIDERED Subject: Constitution Week proclamation Attachment(s): 1.Proclamation Brief Summary: The William Hooper Chapter of the Daughters of the American Revolution (DAR) was formed in January 2015 by 14 members. The members are involved in service projects focused on the goals of patriotism, historic preservation, and education. Carolyn Wing Davis, Chair of the Chapter has made a request for a proclamation designated the week of Sept. 17 – 23 as Constitution Week in the Town of Hillsborough. Sheriff Blackwood has agreed to allow the Chapter to display in front of the Orange County Sheriff’s on Sept. 18 and 19 where they will handout 3 x 5” cards of Pre- Ambles to the Constitution as well as bookmarks. Action Requested: Approve proclamation designating the week of Sept. 17 – 23 as Constitution Week in the Town of Hillsborough. ISSUE OVERVIEW Background Information & Issue Summary: Stated above. Financial Impacts: n/a Staff Recommendations/Comments: n/a CONSTITUTION WEEK WHEREAS, It is the privilege and duty of the American people to commemorate the two hundred and thirty-third anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; and WHEREAS, the Town of Hillsborough holds a special place in the history of the American Revolution and the passing of the U.S. Constitution and the Bill of Rights; and WHEREAS, in these particular times our Constitutional form of government, including our Institutions outlined therein, are more important than ever in holding together our precious and at times fragile democracy; and NOW, THEREFORE, I, Jenn Weaver, by virtue of the authority vested in me as Mayor of the Town of Hillsborough, do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK and urge all citizens to study the Constitution and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 14th day of September in the year 2020. Jenn Weaver, Mayor Town of Hillsborough Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Public Works Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 6.A Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Ken Hines, Public Works Director ITEM TO BE CONSIDERED Subject: Request for rate adjustment by Waste Industries, LLC DBA GFL Environmental Attachment(s): 1. Letter requesting a rate adjustment based on the Consumer Price Index 2. Consumer Price Index Brief Summary: As per the Hillsborough Commercial Waste Collection Franchise Agreement, for any second and subsequent years of the term hereof, the franchisee’s and the town’s rates shall be adjusted upward or downward to reflect changes in the cost of operations as measured in the Consumer Price Index published in January preceding the effective date of the rate adjustment by the Bureau of Labor Statistics, for Transportation for the South Urban Region. No adjustment based on CPI changes shall exceed a 10% increase or decrease from the rates paid in the previous year. Action Requested: Approve/Disapprove request for a 2.9% rate increase. ISSUE OVERVIEW Background Information & Issue Summary: Refer to the GFL letter requesting a rate increase. The public works director has received very few complaints from businesses over the past 4-5 years. When a complaint is received, Waste Industries/GFL has always been very responsive to resolving the issue. GFL states in the attached letter that they are able to increase or decrease service per their request to reflect fluctuation in business and save them money. Financial Impacts: None Staff Recommendations/Comments: None August 25, 2020 Ken Hines Public Works Director Town of Hillsborough PO Box 429 Hillsborough, NC 27278 Ref: Cost of Living Clause Dear Mr. Hines, Under the Section 27. Scope of Work and Compensation section, second paragraph beginning “Compensation, Including Modification” of our franchise agreement it states “For any second and subsequent years of the term hereof, the Franchisee’s and the Town’s rates shall be adjusted upward or downward to reflect changes in the cost of operations as measured by Consumer Price Index published in January preceding the effective date of the rate adjustment by the Bureau of Labor Statistics, for Transportation for the South Urban Region. No adjustment based on the CPI changes shall exceed a ten percent (10%) increase or decrease from the rates paid in the previous year.” This designated index (see attached) reflects a two and nine tenth percent (2.9%) increase for this upcoming contract year. There is a combination of residential and business dumpsters that are covered under this franchise agreement. We would like to point out to the Board that we can increase or decrease anyone’s service per their request to reflect fluctuation in business and save them money. We have made some of these service adjustments for customers. We would like to also point out that our costs have increased keeping drivers through these trying times, paying increased overtime to drivers so that others may take leave to take care of their families or being quarantined, providing Co-Vid protective gear and changing operational procedures that include increased cleaning costs. Fortunately, we have not had to have an interruption in service due the precautions we have taken and our dedicated work force. Also, the weight in trash for the apartments overall have increased. People staying home/working from home/eating at home has increased our residential weights by 20-30%. The more the trash weighs the more disposal fees we have to pay. We would like to thank the Town of Hillsborough for allowing Waste Industries LLC dba GFL Environmental to provide these services. Please let us know if you have any questions or concerns. Respectfully, Norma Yanez Government Contracts Manager Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Public Works Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 6.B Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Ken Hines, Public Works Director ITEM TO BE CONSIDERED Subject: Draft town code amendment regarding parking pad variance Attachment(s): 1. Draft updated version of section 6-29 of the town code 2. Findings of fact necessary for granting a variance Brief Summary: Previously, the town board requested staff and the town attorney to research the ongoing parking pad issue. The Brough Law firm has drafted an updated version of Section 6-29 of the town code as a possible solution. Action Requested: Discuss the revised parking pad ordinance and provide guidance to staff. ISSUE OVERVIEW Background Information & Issue Summary: The following is a synopsis of the amended ordinance as provided by the Brough Law Firm: Since new parking pads are not allowed, the updated ordinance would allow property owners to seek a variance allowing them to have a parking pad. Under this ordinance, the decision would be made by the Board of Adjustment and would follow the same procedures as a variance under the town’s zoning authority. The only difference is that there will be no right of appeal to the Superior Court. There is an opportunity to appeal to the Board of Commissioners, whose decision is final, or the appeals process can be eliminated and make the Board of Adjustment’s decision final if that is the board’s preference. The revised ordinance imposes a strict timeline for the execution and recordation of an encroachment agreement and allows the town to continue to prohibit parking pads while offering property owners an opportunity to demonstrate that they deserve a parking pad. Financial Impacts: There would be administrative costs for the Public Works and Planning Departments as staff time would be required to follow the new ordinance. Staff Recommendations/Comments: Planning staff comments: Staff fully acknowledges that the attorneys have presented a draft as directed by the town board. We also want to identify some consequences of this path for board consideration. The variance procedure is clearly defined in state law. Attached are the required findings of fact that must be made by the board in order to grant any variance. Please note the 3rd standard – that the hardship is not due to action or inaction by the applicant. This is an almost impossible standard to meet. Very few variances have been granted during current staff’s tenure with the town. Without counting, its likely less than five, but definitely less than a dozen over 30 years. Offering the variance as an option builds expectations of approval where very slim chances exist. Staff is concerned about the transparency of this path. Variances must be processed through a quasi-judicial hearing process. This requires time and effort by staff and our volunteer board not to mention putting volunteer board members in the difficult position of denying what may be reasonable requests due to the state standards. The town incurs costs in excess of the application fee and the applicant puts in time, effort, and funds preparing their request. Any process involving the town board or an advisory board is more cumbersome, expensive, and time consuming than a staff process. The detailed staff review is going to happen, no matter what the approval process is. Alternatives: 1) Reconsider the staff level review and permit process. While cumbersome, it will likely yield better results for the applicants and town. Staff has limited flexibility in approving permits but has more flexibility to consider circumstances than the variance findings allow. 2) Establish (or ask staff to develop) different findings unique to parking pad variances and define them in the town code for the Board of Adjustment’s use. The current language indicates the town is not attempting to subject parking pads to the UDO in general, so different standards could be established that provide flexibility. 3) A different name could even be given to the process to allow the hearing to be held to a lower standard than a quasi-judicial hearing which requires written notice to neighbors within 500 feet, a newspaper ad, and a sign on the property. 4) Not provide the opportunity for new parking pads under any circumstances. Sec. 6-29. - Parking pads prohibited. (a) The term "parking pad" shall be defined as an area constructed by a private person or entity in the public right-of-way for the purpose of creating an area designed or intended for use as a parking space for motor vehicles. (b) Except as provided herein, no person or entity shall create or construct, or allow the creation or construction of, any parking pad within the public right-of-way. (c) All parking pads which existed as of March 9, 2015 (the "effective date") may remain, provided that the parking pads are of sufficient dimension to accommodate the entire length and width of the vehicle(s) (and all tires) parking on the parking pad. No portion of any vehicle parking on a parking pad situated in the public right-of-way may extend beyond the footprint of the parking pad, and no portion of any vehicle parked on a parking pad may extend or overhang into the improved roadway area. No parking pad existing as of the effective date may be expanded or altered in any way. Existing parking pads which do not meet these requirements must be removed, and failure to remove non-compliant parking pads constitutes a violation of this section. (d) Upon the determination that a parking pad does not comply with this section, the public works director or his designee will notify [the] owner of the property lying adjacent to the parking pad in writing of the violation, including a clear written description of the necessary corrective actions. This notice will be delivered by certified mail with a return receipt or personal delivery. A certificate of mailing or a written certificate of personal delivery shall be kept with the town's records concerning the violation. The property owner shall have 60 days from the date of the notice to correct the violation and if corrective action has not been completed within such time, the town may proceed with the abatement procedure in subsection (f) of this section. (e) In the case where delivery of notice by certified mail or by personal delivery as provided by subsection (d) above is unsuccessful, the public works director shall post a notice of violation on the parking pad and place a certificate of posting in the town's record concerning the violation. In such case, the property owner shall have 30 days to take corrective action. If corrective action has not been taken within such time, the town may proceed with abatement procedure described in subsection (f) of this section. (f) The town may take one or more of the following actions to abate non-compliant parking pads: (1) Arrange for town staff to bring the property into compliance, the cost of which work (including the town's expenses for labor, equipment, and materials) shall be assessed against the property owner; or (2) Arrange for a private contractor to bring the property into compliance for a negotiated fee, the amount of which shall be assessed against the property owner. (g) The public works director shall send written notice of the town's intention to take corrective action and cost of such action at least five business days (not including Saturdays, Sundays or legal holidays) before corrective action is taken. (h) The cost of such corrective action, unless paid by the property owner, shall be a lien on the adjoining property and the town may enforce and collect the amount due as provided by law. (i) No new parking pad may be created on or in any town right-of-way except with the express approval of the Town of Hillsborough Board of Commissioners. (i) No new parking pad may be created on or in any town right of way except upon the issuance of a variance in accordance with the procedures described in Section 3.10 of the Town of Hillsborough Unified Development Ordinance. Written decisions regarding variances issued pursuant to this subsection may be appealed to the Town Board of Commissioners within thirty (30) days of receipt of a written decision by the property owner. The Town Board of Commissioners shall review the decision in the nature of certiorari, and the Town Board of Commissioners’ decision shall be final. There shall be no right of appeal to the Superior Court from such decisions by the Town Board of Commissioners. Variances considered pursuant to this subsection shall not be deemed an exercise of the Town of Hillsborough’s authority under Article 19 of Chapter 160A of the North Carolina General Statutes. (j) Within thirty (30) days of the issuance of a variance approving the creation of a parking pad on or in the town right of way, the property owner shall enter into an encroachment agreement with the Town of Hillsborough, authorizing the encroachment of the parking pad into the town right of way. Within ten (10) days of the execution of such encroachment agreement, the property owner shall cause the encroachment agreement to be recorded with the Orange County Register of Deeds. The property owner shall be solely responsible for any costs associated with recording the encroachment agreement. Failure to enter into and record an encroachment agreement pursuant to this subsection within the prescribed time shall invalidate any variance approved pursuant to this section. Hillsborough Unified Development Ordinance Section 3: Administrative Procedures Page 3-27 When a property owner claims that he or she will be subject to an unnecessary hardship if they are required to comply with the strict application of this Ordinance, they may seek a variance from such requirement. Only the Board of Adjustment has authority to grant such variances, and then only upon application of established legal standard as set forth in this Ordinance. 3.10.3 GENERAL STANDARDS/FINDINGS OF FACT 3.10.3.1 A Variance from all provisions of this Ordinance, with the exception of Section 4.5.1, Upper Eno Watershed District; Section 4.5.2, Upper Eno Protected Watershed, Critical Area District and Section 6.20.16, Riparian Buffers (which contain their own separate findings required to receive a variance), shall be approved only upon a finding that all of the following standards are met: (a) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the Variance, no reasonable use can be made of the property; and (b) The hardship results from conditions that are peculiar to the property such as location, size or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance; and (c) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a Variance shall not be regarded as a self-created hardship; and (d) The requested Variance is consistent with the spirit, purpose and intent of the Ordinance such that public safety is secured and substantial justice is achieved. 3.10.3.2 WATERSHED PROTECTION DISTRICT VARIANCE FINDINGS Development activities within the Upper Eno and Upper Eno Protected Watershed, Critical Area Districts may be granted minor and major variances by the Board of Adjustment in accordance with Section 4.5.5.2, Variances, of this Ordinance. 3.10.3.3 RIPARIAN BUFFER VARIANCE FINDINGS Variances from the provisions of Section 6.20.16, Riparian Buffers, shall be approved only upon a finding that all of the following standards are met: (a) There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the riparian buffer protection requirements. Practical difficulties or unnecessary hardships shall be evaluated in accordance with the following: (1) If the applicant complies with the provisions of the riparian buffer protection requirements, he/she can secure no reasonable return from, nor make reasonable use of, his/her property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. Moreover, the Board shall consider whether the Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: July 16, 2020 For Clerk’s Use Only AGENDA ITEM # 6.C Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Ordinance annexing 6.25 acres at 202 Holiday Park Road Attachment(s): 1. Petition & concept plan 2. Written comments from public hearing 3. Annexation ordinance Brief Summary: The town received the owners’ annexation request and conducted a public hearing in July. Neighbors submitted public comments, which are included in the packet. The Planning Board unanimously recommended approval of the annexation. Minutes of the Planning Board discussion are attached with the Future Land Use item. Action Requested: Adopt ordinance annexing 202 Holiday Park Road. ISSUE OVERVIEW Background Information & Issue Summary: The property in question contains the building used by the Moose Lodge for meetings and community events. The new owners are considering redevelopment options. As the site has current water and sewer service, they applied for annexation. The owners requested a general-purpose zoning district, so the redevelopment plan is not binding on the town or owner. It cannot be relied on to address questions raised by neighbors during the hearing about redevelopment impact. Financial Impacts: Staff Recommendations/Comments: From:Sammy Bauer To:Margaret Hauth Cc:Yetter-Bowman Elijah Subject:Re: Concept Plans for 202 Holiday Park Rd Date:Monday, July 20, 2020 11:25:48 AM Excellent! Here is what I would like to include: Protecting the Forest: The concept plans for this project include retaining themajority of the trees on the property. These woods provide vital habitat and acorridor for local wildlife. Everyone benefits when we protect habitat. So long asthe final design includes protecting these trees, we can support the plan. If possible, we request that the healthy trees on the northeast side of the property bordering 204 Holiday Park Road remain in place. Effective Stormwater Control Measures: The concept plan includes astormwater control measure that will offset the increase in impervious surface.A bioretention pond will provide more benefits to water quality and localecosystems than will a simple wet pond. Bioretention ponds are also moreaesthetically pleasing than wet ponds and will attract critters who will helpmanage the mosquitoes population.Impacts in Traffic: Staff and the Planning Board should consider traffic impacts to the cul de sac when approving the final plans. A storage facility will likely not have a great impact, so we support that plan. Thank you,Sammy On Mon, Jul 20, 2020 at 10:07 AM Margaret Hauth <Margaret.Hauth@hillsboroughnc.gov> wrote: Sammy, You can use this email address since we have been communicating. We don’t publish our email addresses on the website (to keep spam down), so there is a contact form that can be used. If someone is ready the notice electrically (like on the agenda), there is a link. It doesn’t work so well in a hard copy letter. Thanks for asking! Margaret Margaret A. Hauth, AICP Planning Director/Assistant Town Manager 919.296.9471 Margaret.hauth@hillsboroughnc.gov From:Elijah Yetter-Bowman To:Margaret Hauth Subject:Re: Concept Plans for 202 Holiday Park Rd Date:Wednesday, July 8, 2020 12:50:52 PM Margaret, Thanks very much for this update. I'm not as familiar with these processes, but regarding the annexation request - we are interested in requesting that our property also be annexed (204 Holiday Park Road). Regarding renovations, they may face some challenges to avoid developing, given that the buildings aren't in great condition and the majority of land is acting as a wildlife buffer. I hope the town will think carefully about any rezoning. Regards, Elijah On Tue, Jul 7, 2020 at 4:40 PM Margaret Hauth <Margaret.Hauth@hillsboroughnc.gov> wrote: Sammy & Elijah, The owner did not submit any concept plans. They are not obligated to. The town must review the entire list of uses permitted in the zoning district and determine whether they would all be acceptable at this location. The owner did say they intend to renovate the existing building into climate controlled storage. From the discussion, it sounded like little to no new construction was planned, just renovation and some sprucing up. We can’t hold them to that, but it’s the idea they submitted to the town. I’m sorry we can’t be more specific. When an owner requests a general purpose zoning district like this one, the entire list of uses are possible and the board cannot impose conditions on the approvals. Any redevelopment of the site would have to comply with the town’s development ordinance. Margaret Margaret A. Hauth, AICP Planning Director/Assistant Town Manager Ordinance No. 20200914- Return to: Hillsborough Planning Department, P.O. Box 429, Hillsborough, NC 27278 The following ordinance was introduced by Commissioner , and duly seconded by Commissioner . AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS PROPERTY WHEREAS, a petition was received requesting the annexation of; WHEREAS, the Parcel Identification Number (PIN) for the requesting property is 9865- 40-7877; WHEREAS, the petition was signed by the owners of all the real property located within such area; and WHEREAS, a public hearing on the annexation was held on July 16, 2020 following notice of such hearing published in the News of Orange County on July 1 and July 8, 2020. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Board of Commissioners finds that a petition requesting the annexation of the area described in Section 2 was properly signed by the owners of all the real property located within such area and that such area is contiguous to the boundaries of the town of Hillsborough, as the term "contiguous" is defined in G.S. 160A-31(f). Section 2. The following area is hereby annexed to and made a part of the Town of Hillsborough: Beginning at 1/2” rebar in the western R/W of Holiday Park Road, the southeast corner of tract 1, as shown on survey by R.S. Jones & Associates, Inc. entitled “Survey For: Home Hillsborough, LLC” recorded in Plat book 119 page 151, said 1/2” Rebar having NC State Plane coordinates: North:850581.73’, E:1965102.58’. Thence with said R/W N 00°08’02” W 344.32’ to a calculated point, thence continuing N 00°08’02” W 163.31’ to a 5/8” rebar set on said western R/W. Thence S 89°37’50” E 3.66’ to a 1/2" EIP in said R/W, the southeast corner of tract 2 as shown on said plat. Thence N 07°39’10” W 27.97’ to a 1/2"EIP. Thence N 87°17’58” W 211.09’ to an axle. Thence N 04°46’41” W 35.95’ to a 3/4"eip. Thence N 89°13’46” W 28.27’ to a 1/2"EIP. Thence N 88°34’43” W 376.27’ to a 3/4"eip being the Northwest corner of tract 2 as shown on said plat. Thence S 02°12’47” W 100.08’ to a 1/2"eip. Thence South 02°15’45” West 309.89’ to a new 5/8” rebar set. Thence S 89°33’51” E 131.39’ to a 1/2"eip, continuing S 89°33’51” E 216.61’ to a 1/2"eip. Thence S 60°30’06” E 227.71’ to a 1/2"eip. Thence S 01°05’58” E 72.04’ to a 1/2"rebar. Thence N 86°19’42” E 88.23’ to the place and point of beginning. Being Tracts 1 and 2 containing 6.25 Acres. Section 3. This Ordinance shall become effective on adoption. Section 4. The Town Clerk shall cause to be recorded in the Office of the Register of Deeds of Orange County and in the Office of the Secretary of State an accurate map of the annexed territory described in Sections 2 together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 14th day of September 2020. Ayes: Noes: Absent or Excused: Town of Hillsborough Sarah E. Kimrey, Interim Town Clerk SEAL STATE OF NORTH CAROLINA COUNTY OF ORANGE I, , a Notary Public of the County and State aforesaid, certify that Sarah E. Kimrey personally appeared before me this day and acknowledged that she is the Interim Town Clerk for the Town of Hillsborough, a North Carolina municipal corporation, and that she, as Interim Town Clerk, being duly authorized to do so, executed the foregoing instrument to acknowledge that it is an Annexation Ordinance duly adopted by the Town of Hillsborough Board of Commissioners on the date indicated. Witness my hand and official seal, this the _____ day of ____________, ____. (Official Seal) _____________________________ Notary Public My commission expires. Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: July 16, 2020 For Clerk’s Use Only AGENDA ITEM # 6.D Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Resolution amending the Future Land Use Plan to change the designation on approximately 6.25 acres at 202 Holiday Park Road Attachment(s): 1. Staff report 2. Minutes of August 27 Planning Board meeting 3. Draft denial and approval resolutions Brief Summary: Application materials are attached with the annexation and zoning items. The staff report and minutes of the Planning Board discussion are attached here. The Planning Board unanimously recommended denial of the Land Use Plan amendment as not necessary to otherwise accommodate the applicant’s request. Action Requested: Adopt resolution denying the Future Land Use Plan amendment (draft for approval also provided). ISSUE OVERVIEW Background Information & Issue Summary: Financial Impacts: Staff Recommendations/Comments: August 27 2020 Planning Board meeting Item Cover Sheet/Staff Report Agenda Item #: 4.B.1 ATTACHMENTS: 1 –applications 2 – conceptual plan 3 – Uses allowed in General Commercial 4 – email comment GENERAL INFORMATION: Project Title: Annexation - approximately 6.25 acres at 202 Holiday Park Rd Future Land Use Plan – from Rural Living to Retail Services Zoning – from county residential to town General commercial Purpose: The new owner of the former Moose Lodge site at 202 Holiday Park Road has requested annexation into Hillsborough. The requested zoning is General Commercial. That requires a Future Land Use Plan amendment to Retail Services or a finding of consistency by the boards. Background: The applicant site if roughly 6 acres on the west side of Holiday Park Road. The site is adjacent to the city limit as the West Village apartments are in the city limits. The owners submitted a conceptual drawing to the town board indicating a plan to convert the buildings to rental storage with interior access. Under the UDO, this use is not “self-storage” but “storage, interior.” Interior storage is permitted by right in the General Commercial district. Self-storage (with exterior access doors to each unit) is only permitted in industrial districts. This intended use cannot be conditioned on the approval. The entire list of uses allowed in General Commercial have to be considered acceptable at the site. The list of uses is attached. Any changes to the site needed to establish this use will have to comply with the current ordinance. The Future Land Use Plan is a map and description of how the town prefers areas to be developed or redeveloped in the future. I have referred to it is “pre-zoning” many times. In reviewing zoning requests, the boards must make a consistency finding to describe how the zoning change is consistent with the Future Land Use Plan and Comprehensive Plan. It is this requirement for consistency that triggered the Future Land Use Plan portion of the application. Our Future Land Use Plan identifies zoning districts expected in each land use designation. Commercial zoning is not expected in the Rural Living designation. The applicant requested an amendment to the land use plan to help the consistency of the zoning request. If the board wants to see increased commercial activity in this vicinity and on this parcel, the plan should be amended. The boards could also find that the zoning request is consistent with the Plans by some other rationale (making use of an existing building clearly not built for residential use) and decline to change the future Land Use Plan. The zoning could still be approved, but it wouldn’t serve as an encouraging signal to surrounding property owners that significant additional development is desirable in this area. Future Land Use Map White – outside the urban service area Green – Rural Living Tan – Medium Density residential Pink – Neighborhood mixed use Zoning Map White – outside the town’s jurisdiction Light yellow – Residential 20 Orange – Residential 10 Tan – Multi-family Red – General Commercial Request: The request has three parts: 1) Annex the property into Hillsborough 2) Amend the Future Land Use Plan designation from Rural Living to Retail Services. 3) Zone the property General Commercial Public comments: Notices were mailed to 27 neighboring property owners within 500 feet of the property. A list of permitted uses was included in that notice as well as participation instructions. Staff received 3 inquiries about the intended uses of the property. Two gave no indication of support or opposition. One was received via email and it is attached. Assistant Town Manager/Planning Director Margaret Hauth 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-296-9471 | margaret.hauth@hillsboroughnc.gov www.hillsboroughnc.gov | @HillsboroughGov Planning Board Minutes | 1 of 3 Draft Minutes Planning Board Special Meeting (Remote) 7 p.m. Aug. 27, 2020 Town of Hillsborough YouTube channel Present: Chair Chris Johnston, Dan Barker, Frank Casadonte, Jeff Scott, Jenn Sykes, Scott Taylor, Toby Vandemark Absent: Lisa Frazier, Oliver Child-Lanning and Alyse Polly Staff: Planning Director Margaret Hauth and Town Attorney Bob Hornik 1. Call to order and confirmation of quorum Chair Chris Johnston called the meeting to order at 7 p.m. Planning Director Margaret Hauth called the roll and confirmed the presence of a quorum. 2. Agenda changes and approval There were no changes. The agenda stood as presented. 3. Minutes review and approval Minutes from the regular meeting on May 21 and the public hearings on June 18 and July 16 Motion: Member Jenn Sykes moved to approve the three sets of minutes. Member Dan Barker seconded. Vote: 7-0. Ayes: Members Barker, Frank Casadonte, Johnston, Jeff Scott, Sykes, Scott Taylor and Toby Vandemark. Nays: None. 4. Recommendations to the Board of Commissioners regarding public hearing items A. Unified Development Ordinance text amendments 1. Stormwater ― updating language to match state requirements Hauth noted that the terminology for BMPs (best management practices) has changed to SCMs (stormwater control measures). The changes in terminology and in the definitions section would bring the ordinance in compliance with the state. There was no discussion. 2. Definitions ― updating “dwelling unit” and “lodging unit” Hauth reviewed that definitions needed to change to match state definitions. Hauth reviewed that changes would include removing “dwelling unit” from the hotel and motel ordinance language. Also, the term “lodging unit” refers to a hotel or motel room because such a room may not qualify as a “dwelling unit.” Town Attorney Bob Hornik noted that the last sentence in the “lodging unit” section should say “lodging units need not contain” rather than “may or may not” contain. Planning Board Minutes | 2 of 3 3. Third party downzoning ― adding state requirement to prevent down-zoning application filed by a third party Hauth noted that this amendment was also required by the state. Motion: Sykes moved to recommend that the Hillsborough Board of Commissioners approve the three amendments. Vandemark seconded. Vote: 7-0. Ayes: Members Barker, Casadonte, Johnston, Scott, Sykes, Taylor and Vandemark. Nays: None. B. Development applications 1. Annexation and zoning request from Home Hillsborough LLC to have approximately 6.25 acres annexed into Hillsborough and zoned General Commercial for 202 Holiday Park Road. Barker said this property is contiguous with the town limits and has town utilities, so he didn’t see a reason not to recommend that the requests be approved. Board members did not disagree with him. Hauth explained that amending the Future Land Use Plan would send the message that the town desires more development in this area. She reminded the Planning Board that the town did not amend the Future Land Use Plan when it annexed a mobile home park on Faucette Mill Road but rather just zoned it for the mobile home park use. Barker asked the town attorney if the boards could choose a zoning that was not discussed at the public hearing. Hornik said yes, the Planning Board can make a recommendation and the Board of Commissioners can act on it. Hornik advised considering all the things allowed from General Commercial zoning. He added that the property could still becoming a storage facility if it remained in the Rural Living zoning category. Hornik reminded the Planning Board that if the property was rezoned to General Commercial, the property owners could tear down the building and build a new modern storage facility or build for any other type of business that is permitted by right in the General Commercial zoning district. Hauth said the property is currently not consistent with the county’s zoning. Taylor said he would recommend the General Commercial zoning because the U.S. 70 corridor has commercial properties in that area. Barker said if this property fronted U.S. 70 he would agree, but the property is a step back from the highway. Scott said keeping the Rural Living designation made sense for now. He’s OK with annexation. Johnston asked if a land’s designation often changes before Future Land Use Plan is reviewed. Hauth said the plan gets looked at every 5 to 10 years. She thought it likely that the plan would be revisited in about 18 months, after a comprehensive planning project is complete. Vandemark thinks leaving the property designated as Rural Living in the Future Land Use Plan makes sense. Casadonte agreed with leaving the Future Land Use Plan designation as is, adding that it would be different if the property bordered U.S. 70. Planning Board Minutes | 3 of 3 Johnston asked for confirmation that applicants can do storage without the zoning change. Staff confirmed this. Taylor said he did not mind leaving the Future Land Use Plan designation as Rural Living. The board reviewed the uses allowed by right. Motion: Barker moved to recommend that the Board of Commissioners approve the annexation, not change the Future Land Use Plan, and zone the property General Commercial. Sykes seconded. Vote: 7-0. Barker, Casadonte, Johnston, Scott, Sykes, Taylor and Vandemark. Nays: None. 2. Rezoning request from Vima LLC to rezone approximately 1.98 acres on the north side of West King Street between Nash and Hayes streets from R-15 to R-10. Hauth and the board reviewed the details of the development. Vandemark noted there are some small houses and lots in the area. Hauth explained the houses on Sunset Circle are mill houses that were moved there at one time. Scott said the request seems fine with the surrounding land uses. Motion: Vandemark moved to recommend approval. Taylor seconded. Vote: 7-0. Barker, Casadonte, Johnston, Scott, Sykes, Taylor and Vandemark. Nays: None. 5. Updates Hauth said that she had sent notices to nearby property owners regarding the potential townhouse project on U.S. 70A and that she and Hornik would work on setting up a hybrid option for a public hearing. Hauth also noted that she may need two volunteers for the Planning Board. 6. Adjournment Motion: Vandemark moved to adjourn at 8:12 p.m. Sykes seconded. Vote: 7-0. Barker, Casadonte, Johnston, Scott, Sykes, Taylor and Vandemark. Nays: None. Respectfully submitted, Margaret A. Hauth Secretary RESOLUTION REJECTING AMENDMENT TO THE FUTURE LAND USE PLAN AND MAP FOR THE TOWN OF HILLSBOROUGH WHEREAS, The Town of Hillsborough adopted a Future Land Use Map in March 2013 based, in part, on recommendations found in the Strategic Growth Plan, and other locally adopted plans, and WHEREAS, The Future Land Use Plan and Map describe 16 different land uses to recognize the diversity of land uses currently existing and anticipated to occur in the town’s jurisdiction in the future, and WHEREAS, The Future Land Use Plan describes various land use designations and indicates which zoning districts identified in the Unified Development Ordinance are included within each land use designation identified in the Future Land Use Plan, such information being intended as a resource and reference for staff and land owners considering rezoning requests, and WHEREAS, an amendment to the Future Land Use Plan text was proposed as part of an annexation and zoning request from Home Hillsborough, LLC for the 6.25 acres at 202 Holiday Park Road to change the designation from Rural Living to Retail Services, and WHEREAS, a public hearing was held to gather public comments on this amendment on July 16, 2020, and WHEREAS, the site has existing water and sewer service and is developed with a non-residential style building previously used as a community building for a local non-profit. The site has many uses consistent with the current Future Land Use designation of Rural Living and the parcel is located near the western boundary of the town’s urban service boundary. WHEREAS, Planning Board unanimously recommended denial of the amendment to the Future Land Use Plan map, NOW, THEREFORE BE IT RESOLVED, that the Hillsborough Town Board of Commissioners hereby rejects the Future Land Use Map amendment to designate 202 Holiday Park Road as Retail Service and retains the designation of Rural Living as a more accurate indication of the town’s view of development in the vicinity. The Future land Use Plan and Map as herein adopted shall be and is a component of the town’s comprehensive plan in accordance with N.C. G. S. Section 160A-383. This the 14th day of September, 2020. Jenn Weaver, Mayor Seal RESOLUTION ADOPTING AMENDMENT TO THE FUTURE LAND USE PLAN AND MAP FOR THE TOWN OF HILLSBOROUGH WHEREAS, The Town of Hillsborough adopted a Future Land Use Map in March 2013 based, in part, on recommendations found in the Strategic Growth Plan, and other locally adopted plans, and WHEREAS, The Future Land Use Plan and Map describe 16 different land uses to recognize the diversity of land uses currently existing and anticipated to occur in the town’s jurisdiction in the future, and WHEREAS, The Future Land Use Plan describes various land use designations and indicates which zoning districts identified in the Unified Development Ordinance are included within each land use designation identified in the Future Land Use Plan, such information being intended as a resource and reference for staff and land owners considering rezoning requests, and WHEREAS, an amendment to the Future Land Use Plan text was proposed as part of an annexation and zoning request from Home Hillsborough, LLC for the 6.25 acres at 202 Holiday Park Road to change the designation from Rural Living to Retail Services, and WHEREAS, a public hearing was held to gather public comments on this amendment on July 16, 2020, and WHEREAS, Planning Board unanimously recommended approval of the amendment to the Future Land Use Plan map, NOW, THEREFORE BE IT RESOLVED, that the Hillsborough Town Board of Commissioners hereby amends the Future Land Use Map to designate 202 Holiday Park Road as Retail Service because the site has existing water and sewer service and is developed with a non-residential style building previously used as a community building for a local non-profit. Redevelopment of this site consistent with the current structure and the designation Retail Service is and accurate indication of the town’s view of development in the vicinity. The Future land Use Plan and Map as herein adopted shall be and is a component of the town’s comprehensive plan in accordance with N.C. G. S. Section 160A-383. This the 14th day of September, 2020. Jenn Weaver, Mayor Seal Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: July 16, 2020 For Clerk’s Use Only AGENDA ITEM # 6.E Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Consistency statement and Ordinance amending the Zoning Map to zone approximately 6.25 acres at 202 Holiday Park Road as General Commercial Attachment(s): 1. Zoning application 2. General Commercial use list 3. Consistency statement 4. Ordinance amending the Zoning Map Brief Summary: The town received the owners’ zoning request and conducted a public hearing in July. Neighbors submitted public comments, which are included with the annexation portion of the request. Minutes of the Planning Board discussion are attached with the Future Land Use item. The Planning Board unanimously recommended approval of the zoning, agreeing that the zoning was consistent with the current building on the site. Action Requested: Adopt ordinance zoning 202 Holiday Park Road as General Commercial. ISSUE OVERVIEW Background Information & Issue Summary: The property in question contains the building used by the Moose Lodge for meetings and community events. The new owners are considering redevelopment options. As the site has current water and sewer service, they applied or annexation. The owners requested a general-purpose zoning district, so the redevelopment plan is not binding on the town or owner. It cannot be relied on to address questions raised by neighbors during the hearing about redevelopment impact. Financial Impacts: Staff Recommendations/Comments: If the Board approves the Future Land Use Plan amendment, the consistency finding will need re-working. Hillsborough Zoning District Intent and Use List October 2019 GENERAL COMMERCIAL DISTRICT (GC) The purpose of the GC District is to accommodate a diverse range of retail, service, and office uses that provide goods and services to the residents and businesses in the community at large – e.g., shopping centers, convenience stores, and retail sales establishments. Performance standards shall be used to insure the absence of adverse impacts beyond the zoning district boundary. By right: Artisan Studio Bar Botanical Garden & Arboretum Building/Trade Contractor’s office Child Day Care Club or Lodge Community Center Dwelling: Accessory Dwelling: Single-family Event Center Farmer's Market Food Preparation Business Funeral Home Gallery/Museum Health Care Facility Health/Fitness Club Hotels & Motels Library Meeting Facility Office Operations Offices and professional services Park and Ride Facility Park, Cultural or Natural Performance Facility Personal service business Pharmacy, Retail Postal and Parcel Delivery Services Public Safety Services Recreational Facilities Research Facility Restaurant Retail sales/rentals of goods School: Art & Music School: Dance, Martial Arts Storage & Warehousing (indoor) CUP: Bank & Financial Institution Motor Vehicle Fuel Station Motor Vehicle Maintenance & Service Motor Vehicle Sales Park, Athletic or Community Pharmacy, Convenience School: Elementary, Middle & Secondary Telecom Tower, less than 200’ tall Veterinarian/Animal Hospital SUP: Homeless Shelter Public Utilities Restaurant, convenience Telecom Tower, 200’ or taller Transit Passenger Terminal Transmission Lines Permitted Accessory inside some uses: Electronic Gaming Operation Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _ Home Hillsborough, LLC _ to amend the Town of Hillsborough Zoning Map as follows (insert general description of proposed amendment): The Zoning Map of the Town of Hillsborough is hereby amended to zone approximately 6.25 acres at 202 Holiday Park Road as General Commercial (OC PIN 9865-40-7877) 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 zoning is filed concurrently with an annexation and the site is presently developed with a non-residential style building formerly used by a local non-profit for community activities. The existing building pre-dates community planning and zoning. Creating a non-conformity would limit the active use of the building and potentially create a nuisance in the neighborhood • The parcel is designated as Rural Living in the Future Land Use Plan. The surrounding development is consistent with that designation. • Applying a more intensive designation would signal the town’s interest to see non- residential redevelopment in this area and that is not the case. The property is near the boundary of the town’s urban services, so significant additional development is not possible. • The site and existing building can be redeveloped consistent with the neighborhood character and the unified development ordinance. Adopted by the Town of Hillsborough Board of Commissioners this _14th day of _September_, 2020. _____________ _________ Sarah E. Kimrey, Interim Town Clerk AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Whereas an application has been made for the rezoning of the property herein; and Whereas the application has been referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a written recommendation addressing the consistency of the proposed rezoning with the Town’s comprehensive plan and such other matters as the Planning Board deemed appropriate; and Whereas the Town Board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the Town’s comprehensive plan and explaining why the action contemplated by the Town Board as reflected herein is reasonable and in the public interest. NOW, THEREFORE, be it ordained as follows: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to zone approximately 6.25 acres at 202 Holiday Park Road as General Commercial (OC PIN 9865-40-7877) Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote received the following vote and was duly ADOPTED/DENIED this 14th day of September, 2020. Ayes: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: July 16, 2020 For Clerk’s Use Only AGENDA ITEM # 6.F Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance amending the Zoning Map to rezone approximately 1.98 acres on the north side of West King Street between Nash Street and Hayes Street from R-15 to R-10 Attachment(s): 1. Staff report 2. Application 3. Public comments 4. Consistency statement 5. Amending ordinance Brief Summary: This rezoning was discussed at the July public hearing. A neighbor participated in the remote hearing in addition to the applicant. The neighbor expressed concern about the loss of the wildlife corridor from the Central Elementary woods to the Eno River. The applicant indicated he was seeking the narrower lot width allowed in R-10 more than the smaller lot size. He expects to build 4 lots on West King Street, which is less than R-10 would allow. Conditions cannot be placed on this request. The Planning Board unanimously recommended approval of the request without discussion. Action Requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Zoning Map. ISSUE OVERVIEW Background Information & Issue Summary: Financial Impacts: Staff Recommendations/Comments: Item Cover Sheet/Staff Report GENERAL INFORMATION: Project Title: Rezoning of 1.98 acres from Residential 15 to Residential 10 Purpose: Changes the minimum lot size from 15,000 sf to 10,000 sf Background: The applicant owns 1.98 acres on the north side of west king Street between Nash Street and Sunset Circle. He testified that he is seeking the narrower lot width allowed more than the smaller lot size. Future Land Use Map Gray – Urban Neighborhood Brown – Attached Residential Pink – Neighborhood mixed use Zoning Map Light yellow – Residential 20 Bright yellow – Residential 15 Orange – Residential 10 Purple – General Industrial Red – General Commercial Request: Rezone 1. 98 acres from R15 to R10 Public comments: Notices were mailed to about 85 neighboring property owners within 500 feet of the property. A map and the change in lot size requirements & setbacks were included, along with participation instructions. One neighbor participated in the meeting. Written comments are attached. From:Adrienne McNair To:Margaret Hauth Subject:Re: Public hearing for Vima, LLC Date:Tuesday, July 14, 2020 10:12:29 PM Attachments:Satellite Image 2.pdf Satellite Image 1.pdf Hi Margaret, My husband and I would like to plan to make a verbal comment during the hearing on Thursday evening. We are expecting a baby any day now, so if we end up being unable to join live, we'd like to submit the written comment below. Would it be possible to also include the attached images in the materials the Board considers? Please let me know if there is any additional information you need from us or if you'd like me to submit this information in a different format. Thank you again for the opportunity to participate in the hearing. We're looking forward to the discussion. Comment for Town of Hillsborough Joint Public Hearing Thursday, July 16, 2020, 7:00pm Agenda Item #5: Rezoning Request from Vima, LLC This lot is currently forested, and the density that R10 offers does not offset the loss of tree canopy and natural character. We value density and walkability--these are things that drew us to Hillsborough. But existing R10 areas don't feel significantly more walkable or affordable or neighborly than R15 areas. On the other hand, we see a significant difference in tree cover between R10 and R15 areas. And this lot forms part of the one clear north-south band of forest left in Hillsborough, running from the woods behind Central Elementary to the Eno. (See attached satellite images.) Entirely clearing this 2-acre lot would cut off that throughway. Smaller lots don't necessarily result in more forest being removed, but they do lend themselves to it: there's generally less space for woods, and what trees are left are less continuous. This small stretch of forest in the middle of the town feels like the Hillsborough we were drawn to and want to protect. Keeping as much forest as possible is part of a rootedness in the landscape that feels like one of Hillsborough's true assets. And it supports the town's goal of maintaining Hillsborough's "sense of place" by conserving natural and environmental resources (Vision 2030, Goal 1.E.). We don't see enough density impact to warrant a change to a designation of R10. Thank you for your consideration, Adrienne and John McNair 117 Sunset Cir afomcnair@gmail.com 214-317-9907 From:Margaret Hauth To:lukegrasty@yahoo.com Subject:RE: rezoning request on West King Street Date:Thursday, July 16, 2020 10:14:00 AM Attachments:vima plat.pdf Luke, Thanks for bringing up this issue. The town can’t do anything to resolve a property line question. That has to be resolved between the individuals involved. It is good for us to be aware of concerns, however. I will share you concerns with the board members. If you’d like to share personally, I’m happy to provide the link for tonight’s meeting. I’ve attached the map recorded by the applicant property owner. It appears your family property shares a property line with the newly created private recreation lot created when the owner created the two lots on the newly created and named Mason Payne Road. I believe you may have talked with Tom King in my office about this when that subdivision was under review. Recreation lots rarely see much development in terms of building, but the owners of this private facility could apply for permits for various amenities if they wanted to. In short, it appears this rezoning request doesn’t impact your claim of adverse possession. To resolve the adverse possession claim, your family will need to retain a lawyer and work with the current owner privately or in court. This may also involve hiring your own surveyor and having the two surveyors propose a boundary line adjustment to reflect your claim, if the current owner is required or is willing to. I’m sorry the town cannot assist with this issue. As we have no ownership interest in either property, we cannot act or compel either party to act. We rely on information recorded in the Register of Deeds. If your family’s claim is not verified by the courts and/or documented in the public record, we cannot compel the applicant to honor the claim. Good luck, Margaret Margaret A. Hauth, AICP Planning Director/Assistant Town Manager 919.296.9471 Margaret.hauth@hillsboroughnc.gov www.hillsboroughnc.gov Town of Hillsborough 101 East Orange St. P.O. Box 429 Hillsborough, NC 27278 Pursuant to NCGC Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as any electronic mail message(s) that may be sent in response to it ‘may’ be considered public record and as such are subject to request and review by anyone at any time. Luke Grasty 119 Hayes St lukegrasty@yahoo.com (336)395-4978 Meeting Date: July 16, 2020 Agenda Item: 5 Rezoning Request My mother's property at 119 Hayes St. is on the northwest corner of the property being considered for rezoning. The West King Street property has been surveyed, and markers that have been placed on the northwest corner are in a location my family has used since the early 1970's. According to North Carolina General Statute 1-40, our family has occupied this portion of the property, and meet all the requirements of Adverse Possession. We ask that we be consulted on all potential improvements that may be made on this portion of the parcel. I understand this may not be the appropriate forum to raise this concern. If so, then I ask where, and with whom this may be addressed? I appreciate your time and consideration. Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _ Vima, LLC _ to amend the Town of Hillsborough Zoning Map as follows (insert general description of proposed amendment): Rezone approximately 1.98 acres on the north side of West King Street between Nash Street and Hayes Street from Residential-15 to Residential-10. 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 parcel is designated as Urban Neighborhood in the Future Land Use Plan and R-10 is an expected zoning classification in this area. • Properties in close proximity are zoned R-10 and within the same Future Land Use designation. • Properties in close proximity are developed at the R-10 size and smaller (existing non- conformities) so the development of this parcel compliant with the R-10 standards is not inconsistent with the existing neighborhood character. Adopted by the Town of Hillsborough Board of Commissioners this _14th day of _September_, 2020. _____________ _________ Sarah E. Kimrey, Interim Town Clerk AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Whereas an application has been made for the rezoning of the property herein; and Whereas the application has been referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a written recommendation addressing the consistency of the proposed rezoning with the Town’s comprehensive plan and such other matters as the Planning Board deemed appropriate; and Whereas the Town Board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the Town’s comprehensive plan and explaining why the action contemplated by the Town Board as reflected herein is reasonable and in the public interest. NOW, THEREFORE, be it ordained as follows: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to rezone approximately 1.98 acres on the north side of West King Street between Nash Street and Hayes Street from Residential-15 to Residential-10 (OC PIN 9864-66-5449). Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote received the following vote and was duly ADOPTED/DENIED this 14th day of September, 2020. Ayes: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 6.G Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Reconsideration of gift offer of 0.8 acres of land at the intersection of Meadowlands Drive (east) and US 70-A from Meadowlands Associates Attachment(s): None Brief Summary: The owner is offering to give the town this remaining tract in Meadowlands with no restriction on its future use. The parcel is small, with limited commercial development potential, and it has not sold on the open market for some time. The owner and staff miscommunicated regarding property owner association dues for the property. The property has an on-going, annual commitment of $145 due to the property owners’ association. Action Requested: Discussion and direction ISSUE OVERVIEW Background Information & Issue Summary: The parcel has limited development potential due to its small size and corner location. Perhaps 17,000 sf (.4 acre) would be available for development after applying setbacks and buffers. The town has no identified need for property in this area. Owning this parcel would make it easier to extend sidewalks along US 70-A or Meadowlands Drive in the future. The only other potential use that comes to mind is a small park and ride lot. Accepting ownership does make the town responsible for maintenance and liability on the property with no immediate benefit. Selling property once town owned is a cumbersome process. Financial Impacts: Staff Recommendations/Comments: Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: Administration Public Hearing: Yes No Date of Public Hearing: ________________ For Clerk’s Use Only AGENDA ITEM # 6.H Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: Hot topics for work session Sept. 28, 2020 Attachment(s): None Brief Summary: Possible topics include: • Two development-related matters • Sustainability plan RFP update/discussion Action Requested: Discuss and provide direction. ISSUE OVERVIEW Background Information & Issue Summary: None Financial Impacts: N/A Staff Recommendations/Comments: N/A Board of Commissioners Agenda Abstract Form Meeting Date: Sept. 14, 2020 Department: All Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Department Heads ITEM TO BE CONSIDERED Subject: Departmental Reports Attachment(s): Monthly departmental reports Brief Summary: n/a Action Requested: Accept reports ISSUE OVERVIEW Background Information & Issue Summary: n/a Financial Impacts: n/a Staff Recommendations/Comments: n/a 7.C ADMINISTRATION DEPARTMENTAL REPORT Human Resources/Town Clerk Report: August 2020 Meetings and events • Board of Commissioners regular meeting (remote) (8/10/20) • GARE Informational Session (8/18/20) • NCHIP Board meeting (8/19/20) • Board of Commissioners work session (remote) (8/24/20) • GARE Membership discussion (7/31/20) • Weekly incident policy team COVID-19 meetings • Weekly management team plus COVID-19 meetings • Weekly human resources team meeting • Bi-weekly Triangle J Council of Government HR Roundtable conference calls • Monthly management team/administration team meeting Employee Events and Training • None Recruitment and Selection (* = filled) • Police Officer o Recruitment opened (2/19/20) o Continuous recruitment (99 applicants to date) o Start date (trainee): 3/2/20 o Start date: 9/14/20 • Accounting Technician o Recruitment opened (7/8/2020) o Recruitment closed (7/22/2020) (95 total applicants) o Zoom interviews have been scheduled o Promoted from within; start date: 8/17/20 • Lead Customer Service Representative o Recruitment opened (7/6/2020) o Recruitment closed (7/20/2020) (250 total applicants) o Start date: 8/17/20 • Accounts Payable Technician o Recruitment opened (8/14/2020) o Recruitment closed (8/27/2020) (87 total applicants) o Applications are under review • Hiring freeze in place due to COVID-19 Pay and Benefits • Biweekly payroll (2) • FMLA – 5 Notice of Eligibility and Rights & Responsibilities sent (2020) Wellness • Weekly onsite nutrition counseling (offered remotely) • Wellness mini-grant program • BurnAlong challenge Performance Evaluation • Maintained NEOGOV PE system Professional Development • NCAMC Clerks Summer Academy (Sarah) (8/20 - 8/21/20) • UNC School of Government Employment Law & COVID19 (Haley) (8/21/20) • Businessovler Bootcamp (Haley) (8/26/20) Miscellaneous • Developed and updated Supplemental Pandemic Policies related to COVID-19 • Transitioned duties from human resources director/town clerk to interim human resources director (human resources analyst) and interim town clerk (deputy town clerk/human resources technician) Public Information Office Report: August 2020 News Releases/Minutes • Issued 16 news releases and 2 bid postings. • Completed minutes for 1 joint public hearing and 2 advisory board meetings. EMAIL SUBSCRIPTIONS (as of Aug. 31) List Subscribers Change Total 1,409 ↓ 11 News releases 1,146 ↓ 9 Meeting notices 716 Same Bid postings 596 ↓ 3 Citizens newsletter 1,290 ↓ 11 TOP 10 MOST-VIEWED NEWS RELEASES: WEBSITE Headline Views Orange County Roads to Close Temporarily for Improvements Related to Hillsborough Reservoir Project 1,609 Orange County State of Emergency Extended through October 356 Human Resources Director/Town Clerk Departs, Town Names Interims 133 Orange County conducting COVID-19 Economic Impact Assessment Survey 77 Town Accepting Cash Utility Payments by Appointment Only 72 Free Testing Events Aug. 27 and 28 in Chapel Hill 70 Census Begins Final Push; Data Collection Efforts to End Sept. 30 65 Cover up for Safety (April release) 63 Orange County COVID-19 Cases Increase; Safer at Home Restrictions Remain 57 Food Distributions Continue (May release) 44 TOP 10 MOST-VIEWED NEWS RELEASES: EMAILS Headline Views Statement from Orange County Health Director Quintana Stewart on the Opening of UNC 625 Orange County COVID-19 Cases Increase; Safer at Home Restrictions Remain 606 Orange County State of Emergency Extended through October 590 College Students Returning Home from a Cluster Location Should Test and Quarantine 565 Orange County Roads to Close Temporarily for Improvements Related to Hillsborough Reservoir Project 558 Orange County conducting COVID-19 Economic Impact Assessment Survey 506 Human Resources Director/Town Clerk Departs, Town Names Interims 490 Free Testing Events Aug. 27 and 28 in Chapel Hill 486 Board of Commissioners Meeting Summary (Aug. 10 meeting) 442 Reminder: Flush Water Lines in Underused Buildings 438 Social Media • Shared #LoveHillsborough mosaics by town leaders, staff and some community members. • Continued participation in #MaskUpOCNC, El Centro COVID-19 and census campaigns. FACEBOOK STATISTICS (as of Aug. 31) 143 posts 4 responses to comments Follows Change 4,186 likes ↑ 28 4,347 follows ↑ 81 TOP 5 POSTS Post People reached Link clicks Mayor’s completed #LoveHillsborough H mosaic 4,795 20 COVID-19 economic impact survey 2,234 33 Hillsborough recruiting for several positions 1,331 36 COVID-19 state infographic on chance of transmission 1,251 No link Public information officer’s completed #LoveHillsborough V mosaic 1,100 No link TWITTER STATISTICS (as of July 31) 86 tweets 2 responses to tweets Follows Change 2,505 ↑ 31 TOP 5 TWEETS Tweet Impressions Link clicks Spanish reminder on masks with valves/share of infographic on effectiveness of cloth masks 1,847 0 Public information officer’s completed #LoveHillsborough V mosaic 1,741 2 Infographic on what kind of mask to wear 1,523 3 Videos • Utility cash payment appointments video. YOUTUBE STATISTICS (as of Aug. 31) Subscribers Change 2,831 ↑ 7 NEW VIDEOS Video YouTube Views Facebook Reach Posted Tourism Board Meeting 70 N/A Aug. 3 Historic District Commission Meeting 56 N/A Aug. 5 Board of Commissioners Meeting 113 N/A Aug. 10 Board of Adjustment Meeting 87 N/A Aug. 12 Utility Cash Payment Appointments 20 343 Aug. 18 Joint Public Hearing 131 N/A Aug. 20 Board of Commissioners Work Session 8 N/A Aug. 25 Planning Board Special Meeting 35 N/A Aug. 27 TOP 5 VIDEOS Video Current Views Overall Views Posted Position Your Solid Waste and Recycling Properly 6,678 2,110,445 Oct. 2015 Hillsborough, NC: Among America’s Coolest Small Towns 132 9,356 Jan. 2015 Joint Public Hearing 131 131 August 2020 Board of Commissioners Meeting 113 113 August 2020 Do Not Tamper with Water Meters 103 4,067 July 2015 Website/Employee Section • Updated COVID-19 pages for town website. • Updated various pages, including on reservoir project, utility rates FAQs, engagement platforms and performance reporting. AUGUST WEBSITE STATISTICS Unique visitors 9,075 Number of visits 12,330 Page views 23,541 Visits per visitor 1.36 Pages viewed per visit 1.91 TOP 10 MOST-VIEWED PAGES Page title Views Home 3,487 Orange County Roads to Close Temporarily for Improvements Related to Hillsborough Reservoir Project (news release) 1,609 Water and Sewer Billing and Collections 1,272 Riverwalk 1,234 #MaskUpOCNC promotion with public information officer 1,413 2 COVID-19 playgrounds closed reminder with photo 1,340 1 Employment Opportunities 898 Development Projects 738 Police 694 Planning 388 Orange County State of Emergency Extended through October (news release) 356 COVID-19 (Coronavirus) 348 Other Work • Completed work related to COVID-19, including: ◦ News releases and updates to COVID-19 pages on town website, including sharing of economic impact survey and writing release on guidance for all returning college students. ◦ Work related to cash appointments at Town Hall Annex, including news release, video, direct mail flyer and bill insert, review and creation of facilities signage. ◦ Creation of yard sign in English and Spanish to be strategically placed around closed play equipment. ◦ Masks campaign. ◦ Materials for September utility bills: citizens newsletter in English and Spanish; cash appointments flyer/annex location in English and Spanish; statement that can be seen on e-bills. ◦ Participation in recovery process meetings and planning. ◦ Communication with community liaisons and contacts for help in sharing information. ◦ Social media posts, shares and monitoring, including El Centro campaign with messages in Spanish in bilingual NCDHHS graphics and videos. ◦ Fielding of community and media questions. • Reviewed draft style guide for town logo and seal. • Completed update of utility rates FAQs with data from January 2020 study. • Reworked the home page of the Financial Services payment web portal and pages on the town website to facilitate non-utility payments through the portal and shutdown of a separate payment platform. • Completed update of Wastewater Quality Report in English and Spanish for Fiscal Year 2020. • Continued census promotions with weekly census social media posts, a five-day #AvoidTheKnock campaign with elected officials and creation of flyer to provide at food distributions and library and to send to community liaisons at specific neighborhoods with lower response rates. Meetings/Events/Training MEETINGS, EVENTS and TRAINING Officer August Emergency operations meetings on Mondays, Aug. 10 Mayors and Chair Policy Group meetings on Tuesdays Face coverings campaign meetings on Thursdays Recovery support kickoff and website/values survey meetings Aug. 6, 7, 14, 21 and 26 Aug. 10 Orange County Complete Census Count Committee Aug. 18 Cybersecurity training Aug. 19 3CMA webinar: Never Let a Good Crisis Go to Waste: The Fierce Urgency of Now Aug. 20 Core communicators meeting on recovery support website Aug. 21 Management team virtual meeting sendoff for HR director Specialist August Latinx Community Outreach meetings on Wednesdays Town board and advisory board meetings via YouTube Staff August COVID-19 staff meetings on Aug. 12, 24 and 31 Joint Information Center planning meetings on Mondays COVID-19 communicators conference calls on Thursdays Safety and Risk Manager Report: August 2020 Meetings Attended/Conducted • Departmental Meetings x 4 • Mgt. Meeting + Meetings • HR Team Meetings x 4 Site inspections • Latimer St. excavation • Gold Park • Turnip Patch Park • Murray Street Park X 2 • Hillsborough Heights Park • Cates Creek Park Miscellaneous • On target 3rd quarter DOT random drug screens • Worked on employee training schedule • Working on P&L claims • Stocked/Distributed safety gear • Working on inspection requirements with Safety Committee members • Distributed updated safety wear • General duties concerning new facility at Hwy 86 north • Forwarded Safety Inspection results to departments • Collecting Fire Extinguisher Monthly check sheets • Forwarded recommendations (work orders) generated from Park Inspections FINANCE DEPARTMENTAL REPORT FOR AUGUST 2020 SUMMARY OF ACTIVITIES: Daily Collections 1,035,558.49$ Tax & Vehicle License 676,468.50$ Stormwater Fees:75,245.85$ Solid Waste Disposal Tax 1,352.31$ Beer & Wine Receipt -$ Franchise Tax -$ Powell Bill -$ Sales & Use Tax 151,490.01$ 1,940,115.16$ Expenditures: General Fund/Water Fund 1,466,782.07$ FINANCE: •Compiled and submitted all monthly reports. •Issued 73 purchase orders. •Processed 381 vendor invoices, issued 204 accounts payable checks. •Collected and processed 63 payments for food and beverage tax. •Collected and processed 9 payments for fire inspection fees and permits. •Prepared and mailed no delinquent occupancy tax letters. •Prepared and processed 2 payrolls. •Issued no new special event permits. •Assistant Finance Director prepared special event permits for Hillsborough Downtown. •Prepared and mailed beer and wine privilege license renewal forms. METER READING: •Terminated 79 services and connected upon request. •Rechecked 216 meter readings, responded to no call backs. •Installed 9 new meters, changed 2 old meters, performed no pressure tests. •Identified no hydrant tamperings and 1 meter tampering. •Changed 44 meter registers. BILLING & COLLECTION: •Corrected 69 bills that were rechecked before the 09-01-20 billing. •Bills adjusted after 08-01-20: 12 leaks; 4 late fees; 4 pools; 0 miscellaneous. •Prepared 6,519 water bills; processed . •no services, reconnected 0. •Prepared 6,519 water bills; processed . •Processed 903 utility bank drafts. •Processed 0 debt set-off letters. •Processed on-line bill pays. FINANCE DIRECTOR •Cherry Bekaert 2020 Virtual Government Conference, August 5 •Board Meeting, August 10 •NCHIP Board Meeting, August 19 •NCACPA Governmental Accounting and Auditing Committee meeting, August 20 •Work Session, August 24 •Management Team + Meeting, August 31 FINANCIAL BUDGET TO ACTUAL REPORT - JULY 31, 2020Budget Unit Original Budget Current BudgetPeriod ActivityYear to Date ActivityEncumbrances Variance % RemainingCurrent & Prior Year Property Taxes 6,849,000.00 6,849,000.00 92,482.65 92,482.65 - 6,756,517.35 98.65%Local Option Sales Tax 1,448,000.00 1,448,000.00 - - - 1,448,000.00 100.00%Licenses, Permits and Fees 112,900.00 112,900.00 7,954.72 7,954.72 - 104,945.28 92.95%Unrestricted Intergovernmental Revenue 862,000.00 862,000.00 31,562.22 31,562.22 - 830,437.78 96.34%Restricted Intergovernmental Revenue 151,000.00 151,000.00 - - - 151,000.00 100.00%Other 25,500.00 25,500.00 6,320.16 6,320.16 - 19,179.84 75.22%Investment Earnings 24,000.00 24,000.00 1,017.19 1,017.19 - 22,982.81 95.76%Transfers - - - - - - 0.00%Debt Issuance Proceeds 310,000.00 310,000.00 - - - 310,000.00 - Fund Balance Appropriation 749,550.00 755,305.50 - - - 755,305.50 100.00%Total Revenue 10,531,950.00 10,537,705.50 139,336.94 139,336.94 - 10,398,368.56 98.68%Budget Unit Original Budget Current BudgetPeriod ActivityYear to Date ActivityEncumbrances Variance % RemainingGoverning Body 133,393.00 133,393.00 4,950.08 4,950.08 65,065.00 63,377.92 0.48 Administration 762,335.00 762,335.00 93,438.11 93,438.11 159,627.12 509,269.77 66.80%Accounting 260,409.00 266,164.50 4,736.69 4,736.69 76,019.19 185,408.62 69.66%Planning 437,673.00 437,673.00 16,516.31 16,516.31 31,122.00 390,034.69 89.12%Town Hall Campus 175,819.00 175,819.00 1,651.65 1,651.65 37,447.00 136,720.35 77.76%Public Space 728,207.00 728,207.00 114,952.13 114,952.13 200,880.00 412,374.87 56.63%Safety & Risk Management 89,365.00 89,365.00 4,894.61 4,894.61 29,644.50 54,825.89 61.35%Information Services 260,406.00 260,406.00 2,594.42 2,594.42 259,829.78 (2,018.20) -0.78%Police 3,212,429.00 3,212,429.00 192,587.32 192,587.32 221,703.44 2,798,138.24 87.10%Fire Marshal & Emergency Management 183,765.00 183,765.00 7,430.80 7,430.80 6,820.00 169,514.20 92.25%Fire Protection 1,270,488.00 1,270,488.00 50,201.07 50,201.07 - 1,220,286.93 96.05%Fleet Maintenance 350,202.00 350,202.00 36,741.46 36,741.46 141,018.22 172,442.32 49.24%Streets/Powell Bill 996,879.00 996,879.00 35,468.63 35,468.63 51,066.78 910,343.59 91.32%Solid Waste 736,002.00 736,002.00 27,030.81 27,030.81 148,870.17 560,101.02 76.10%Cemetery 7,350.00 7,350.00 - - 1,200.00 6,150.00 83.67%Economic Development 370,879.00 370,879.00 4,365.24 4,365.24 80.00 366,433.76 98.80%Special Appropriations 258,474.00 258,474.00 26,124.44 26,124.44 2,360.00 229,989.56 88.98%Disaster Relief 47,875.00 47,875.00 267.86 267.86 27,988.59 19,618.55 - Contingency 250,000.00 250,000.00 - - - 250,000.00 0.00%Total Expenditures 10,531,950.00 10,537,705.50 623,951.63 623,951.63 1,460,741.79 8,453,012.08 80.22%GENERAL FUND EXPENDITURESGENERAL FUND REVENUE FINANCIAL BUDGET TO ACTUAL REPORT - JULY 31, 2020Budget Unit Original Budget Current BudgetPeriod ActivityYear to Date ActivityEncumbrances Variance % RemainingLicenses, Permits and Fees 9,432,502.00 9,432,502.00 (383,281.82) (383,281.82) - 9,815,783.82 104.06%Other 15,000.00 15,000.00 11,434.44 11,434.44 - 3,565.56 23.77%Investment Earnings 10,300.00 10,300.00 177.39 177.39 - 10,122.61 98.28%Transfers 1,099,404.00 1,099,404.00 - - - 1,099,404.00 100.00%Retained Earnings Appropriated 547,312.00 547,312.00 - - - 547,312.00 100.00%Unrestricted Intergovernmental - - - - - - - Total Revenue 11,104,518.00 11,104,518.00 (371,669.99) (371,669.99) - 11,476,187.99 103.35%Budget Unit Original Budget Current BudgetPeriod ActivityYear to Date ActivityEncumbrances Variance % RemainingAdministration of Enterprise 1,888,142.00 1,888,142.00 208,124.15 208,124.15 21,895.41 1,658,122.44 87.82%Utilities Administration 598,867.00 598,867.00 20,223.65 20,223.65 70,314.87 508,328.48 84.88%Billing & Collections 765,923.00 765,923.00 13,903.29 13,903.29 310,295.00 441,724.71 57.67%Water Treatment Plant 1,098,734.00 1,098,734.00 37,705.08 37,705.08 313,716.71 747,312.21 68.02%West Fork Eno Reservoir 882,985.00 882,985.00 623.40 623.40 36,600.06 845,761.54 95.78%Water Distribution 1,637,243.00 1,637,243.00 29,127.18 29,127.18 146,804.79 1,461,311.03 89.25%Wastewater Collection 1,600,740.00 1,600,740.00 35,207.01 35,207.01 138,895.17 1,426,637.82 89.12%Wastewater Treatment Plant 2,299,975.00 2,299,975.00 26,237.94 26,237.94 176,624.46 2,097,112.60 91.18%Disaster Relief 31,909.00 31,909.00 - - 10,664.98 21,244.02 0.67 Contingency 300,000.00 300,000.00 - - - 300,000.00 100.00%Total Expenditures 11,104,518.00 11,104,518.00 371,151.70 371,151.70 1,225,811.45 9,507,554.85 85.62%WATER & SEWER FUND REVENUEWATER & SEWER FUND EXPENDITURES FINANCIAL BUDGET TO ACTUAL REPORT - JULY 31, 2020Budget Unit Original Budget Current BudgetPeriod ActivityYear to Date ActivityEncumbrances Variance % RemainingLicenses, Permits and Fees 617,500.00 617,500.00 1,604.60 1,604.60 - 615,895.40 99.74%Retained Earnings Appropriated 40,798.00 40,798.00- - - 40,798.00100.00%Total Revenue 658,298.00 658,298.00 1,604.60 1,604.60 - 656,693.40 99.76%Budget Unit Original Budget Current BudgetPeriod ActivityYear to Date ActivityEncumbrances Variance % RemainingDisaster Relief 1,755.00 1,755.00 0.00 0.00 423.39 1,331.61 75.88%Stormwater 656,543.00 656,543.00 111,854.90 111,854.90 36,510.00 508,178.10 77.40%Total Expenditures658,298.00 658,298.00 111,854.90 111,854.90 36,933.39 509,509.7177.40%STORMWATER FUND REVENUESTORMWATER FUND EXPENDITURES 10,537,706 11,104,518 656,543 139,337 (371,670)1,605 623,952 371,152 111,855  (2,000,000) ‐ 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000General Fund Water & Sewer Fund Stormwater FundTown of Hillsborough Fiscal YTD Revenues & ExpendituresAs of  July 31, 2020BudgetRevenueExpenditures Planning Department Report August 2020 Revenues Collected August 2020 FY Year to Date Development Review fees $ 0.00 $ 800.00 Zoning Permits & HDC reviews $ 2,143.08 $6,323.17 Planning Total $ 2,143.08 $7,123.17 - 14% of budget projection ($50,000) Affordable housing payment in lieu $ 2,000 Data is through August 31, 2020 for both permits and Certificates of Occupancy. Data for completed developments has been removed but totals still reflect all previous activity. Activity has not started in Collins Ridge, we just set up the tracking. Development activity in Harmony at Waterstone and Corbin Commons is rapidly completing. Project name Approved units Permitted Completed Approved but not complete permits remaining Under construction Collins Ridge (1st plat)59 0 0 59 59 0 Corbinton Commons (SF only)70 69 69 1 1 0 Crescent Magnolia (Habitat Waterstone)24 24 21 3 0 3 Elfin Pond 95 95 95 0 0 0 Fiori Hill 46 34 30 16 12 4 Forest Ridge 235 210 185 50 25 25 Harmony at Waterstone 200 200 197 3 0 3 Total 1404 1307 1272 132 97 35 Misc. infill lots na 102 71 na 31 Grand Total 1409 1343 Approved & Under Construction Hillsborough Police Department Monthly Report August 2020 REPORTED OFFENSES - UCR Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2020 2019 2018 Part I Offenses Homicide 0 0 0 0 0 0 0 0 0 0 0 Rape 0 0 0 0 1 0 1 0 2 2 2 Robbery 1 0 0 0 0 0 2 0 3 10 5 Aggravated Assault 3 0 1 3 3 3 2 1 16 14 19 Burglary 3 0 4 0 3 1 2 1 14 26 40 Larceny/Theft 25 23 27 29 35 28 18 12 197 297 264 Motor Vehicle Theft 2 0 1 1 0 3 4 0 11 12 12 Total Part I 34 23 33 33 42 35 29 14 0 0 243 361 342 Other Offenses 2020 2019 2018 Simple Assault 12 7 5 10 11 12 4 8 69 77 83 Fraud/Forgery 0 0 2 0 2 1 1 5 11 21 20 Stolen Property 1 3 1 0 1 0 4 3 13 7 8 Damage to Property 5 5 8 12 9 7 15 5 66 59 96 Weapons Violations 4 3 3 1 1 1 2 1 16 5 16 Sex Offences 0 0 0 0 0 1 0 1 2 3 2 Drug Violations 8 21 9 5 11 5 12 11 82 85 125 Driving While Impaired 5 6 1 2 2 1 3 6 26 34 37 Liquor Law Violations 0 1 0 0 1 0 0 0 2 13 6 Trespassing 3 1 3 3 2 0 6 2 20 20 23 Domestic Related 13 8 12 20 13 17 7 11 101 119 146 Missing Persons 0 1 1 0 1 2 0 1 6 1 1 Summary of Select Offenses: On 08/04/2020, an Aggravated Assault was reported at 400 Lakeside Dr. A domestic turned physical when the male party Assaulted a female, while holding a child, with fists and a knife causing minor injuries. Officers charged Khiry Jonmate Pass, (b/m, 29, of Lakeside) with Assault with a Deadly Weapon, Assault on Female, Battery on an Unborn Child, and a warrant for his arrest was also served for Larceny by Employee. He was placed on a domestic hold. On 08/11/2020, a Larceny from an unlocked storage shed was reported in the 100-block of N. Wake St. The victim advised that $560.00 worth of power lawn tools were taken. On 08/29/2020, a Breaking and Entering and Larceny were reported to a locked residence in the 100-block of N. Hassell St. The victim advised that a door was kicked in and video games and jewelry valued at approximately $2,900.00 were taken. Hillsborough Police Department Monthly Report August 2020 12 Larcenies were reported at various locations including: • 2 larcenies were shoplifting related incidents at Hampton Pointe- Walmart. • 1 larceny from a business–1 at 1990 S NC 86, Sheetz, where $17.85 in beer was taken. • 2 Larcenies from unlocked motor vehicles– 1 in the 200-block of Harper Rd. where $2.00 in change was taken. 1 at 200 Cheshire Dr. where a vehicle was rifled through and nothing taken. • 3 Larcenies from locked motor vehicles– 3 at 318 Elizabeth Brady Rd. where all 3 had windows broken out, valued at $600.00, and $1,300.00 in cash, cards, purses, wallets, and keys were taken. Narcotics/weapons related incidents: • During the month of August, Officers recovered small amounts of cocaine, marijuana, MDMA, paraphernalia, and 1 handgun. Hillsborough Public Works August 2020 Monthly Report Work Orders: 16 completed within two days Asphalt Repairs: 20 utility cuts, 3 road repairs Park Maintenance: 65 staff hours Cemetery: 2 graves marked, 4 monuments Stormwater Maintenance: 48 staff hours, 235 linear ft. September 2020 TOWN OF HILLSBOROUGH UTILITIES STATUS REPORT Collection System Modeling We have executed a task authorization for the next phase of our sewer modeling which is to calibarate the model and apply wet weather storm events to simulate the collection system performance. The town will be planning for interceptor upgrades and/or continued inflow and infiltration reduction in the future. Staffing Utilities will be advertising for a WWTP Operator position to fill a recent vacancy. This was approved in the FY21 budget. All staff are healthy and continuing essential operations and following protective guidelines. Water and Sewer Advisory Committee (WSAC) Activities WSAC meetings have been cancelled during the COVID-19 pandemic. A virtual meeting may be held in October. "Unaccounted-for" Water We had 1 water main break in August. There were approximately 10 water service leaks repaired. Miscellaneous repairs have been proceeding as needed. Miscellaneous Projects Taylor Engineering is in design phase for the McAdams Road Water Main Rrelacement Project. Hazen and Sawyer is working on the River Pumping Station options for relocation or replacement. Hazen and Sawyer begun a a water system redundancy study.. We will pick back up with Highfill Engineering on the Old 86 waterline interconnection project that was recently approved with the FY21 budget. Sewer Rehabilitation & Repairs at Orange Grove St. and S. Churton St. This project is complete and we are awaiting the final pay application to close it out. West Fork of the Eno Reservoir The reservoir is nearly 2.5 feet below Phase 1 normal pool, at 40.4 feet. The August releases met or exceeded the minimum release of 1.0 cubic feet per second (cfs). Both Lake Orange and Lake Ben Johnson are spilling. September minimum release is 1.0 cfs. WFER Phase 2 Construction Project Smith-Rowe out of Mt. Airy, NC has mobilized and closed Mill Creek Road through October. This will be followed by a closure of Carr Store Road for several months. The road raising is the last construction component of the Phase 2 project. Water Restrictions There are currently no water withdraw restrictions. If it does not rain soon, we may go to Stage 1. Our monthly water production average is currently 1.613 MGD. The raw water gauge was modified by a vendor. It is reading much higher than the wastewater plant influent flow. We are investigating the discrepancy. PROJECT STATUS WTP Compliance The most recent quarter's TTHM samples were elevated. One of the four samples was .001 above the Maximum Contaminant Level of .080. This residential sample site required an individual notice of exceedance with 24 hours of first knowledge. However, the town did not exceed its Long Term Running Average or its Operational Evaluation Level triggering a state violation. Flushing needs are being discussed with the WTP. Prepared by Marie Strandwitz 9/8/2020 Page 1