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
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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
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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
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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
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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.
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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
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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.
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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:
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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:
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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
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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:
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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.
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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
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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