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HomeMy Public PortalAbout10-12-20 Regular MeetingMinutes Board of Commissioners 7 p.m. Oct. 12, 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, Economic Development Planner Shannan Campbell, Assistant to the Town Manager/Deputy Budget Director Jen Della Valle, Assistant Town Manager/Planning Director Margaret Hauth, Public Works Director Ken Hines, Town Attorney Bob Hornik, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, Public Space Manager Stephanie Trueblood and Public Information Officer Catherine Wright Guests: Annette Moore and Norma Yanez Opening of the meeting Mayor Jenn Weaver opened the meeting at 7 p.m. Interim Town Clerk and Human Resources Technician Sarah Kimrey called the roll and confirmed the presence of a quorum. 1.Public Charge Weaver did not read the public charge but noted it was printed on the agenda. 2.Audience comments not related to the printed agenda There was none. 3.Agenda changes and approval There were no changes. Motion: Commissioner Kathleen Ferguson moved to approve the agenda. Commissioner Matt Hughes seconded. Vote: The motion carried upon a unanimous vote of 5-0. Ayes: Commissioners Mark Bell, Robb English, Ferguson, Hughes and Evelyn Lloyd. Nays: None. Absent: None. 4.Appointments A.Tree Board – Appoint Greg Yavelak to a first term expiring Oct. 30, 2023 B.Tourism Board – Re-appoint Barry Hupp to a second term expiring Oct. 22, 2022 Motion: Ferguson moved to approve the appointments. 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. 5.Items for decision — consent agenda A.Minutes 1.Regular meeting Sept. 14, 2020 Oct. 12, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 5 Nov. 9, 2020 2. Work session Sept. 28, 2020 B. Miscellaneous budget amendments and transfers C. 2021 Board of Commissioners meeting calendar D. Cornwallis Hills encroachment agreement E. South Cameron Street encroachment agreement Motion: Bell moved to approve the consent agenda. 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. Countywide Racial Equity Plan Interim Human Resources Director Haley Bizzell presented information on town staff’s request to participate in the development of a countywide racial equity plan with Orange County and the towns of Carrboro and Chapel Hill. She noted that those jurisdictions are members of the Government Alliance on Race and Equity and that the town had recently joined the alliance, which works to advance racial equity. The plan would be developed using proven strategies of the alliance. Development of a countywide plan would provide for consistency across jurisdictions and would serve as the framework for developing jurisdiction-specific strategies in each of the towns. Working together also would allow for the leveraging of resources and support. Community participation would be sought throughout the process, and five committees would be formed to work on a racial equity tool, racial equity index, community engagement, training, and evaluation and accountability. Each would be created with alliance members. The board asked questions, and Bizzell introduced Annette Moore, human rights and relations director for Orange County, to answer some questions. Moore noted that work in developing a plan is just getting started and that Hillsborough’s participation was desired before starting. Motion: Hughes moved to officially approve the town’s participation in the development of a countywide racial equity plan. 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. B. Rate adjustment request from Waste Industries, LLC DBA GFL Environmental Economic Development Planner Shannan Campbell presented the rate adjustment request and noted the request for a 2.9% increase in commercial solid waste collection rates was on a previous agenda but was tabled because she had questions about the request. She noted Norma Yanez, government contracts manager with GFL Environmental, was available to answer questions. Campbell explained she had concerns about how the increase would affect businesses already affected by the COVID-19 pandemic. She explained that the town has a franchise agreement with the company and that the contract allows for annual adjustments based on the January Consumer Price Index. The board asked questions regarding the contract and how the town could move forward on the request. Campbell said the contract is in place through 2022. Town Manager Eric Peterson said the contract language allows GFL to make annual rate adjustments based on the January Consumer Price Index and the town cannot change the rate sought. Town Attorney Bob Hornik confirmed the manager’s assessment and stated the annual rate adjustments, which can go up or down based on the January data, are capped at 10%. He said if the Consumer Price Index is down in January 2021, the town could direct GFL to reduce the rates. Oct. 12, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 5 Nov. 9, 2020 Campbell noted she took on management of the franchise agreement from the Public Works Department. She said she and Yanez had discussed having future discussions with the town board on finding a better way to determine the rates. Yanez confirmed the assessments of the contract but also stated that she is new to working with the town and that the company is willing to have a discussion on the contract. She said the company is suffering like others with the COVID-19 pandemic and noted that residential dumpsters for apartment complexes are about 30% heavier even though some commercial dumpsters for businesses may be lighter. She noted that customers have the ability to increase or decrease their GFL collection services or to temporarily halt service with no fees for making the changes. Ferguson noted receiving complaints about GFL’s responsiveness. Campbell said she and the public works director have been working with GFL on the complaint process and on ensuring timely responses. Hughes suggested holding off on any decision and reevaluating the rates when the January 2021 Consumer Price Index data is released, citing uncertainty for businesses over the next few months due to the pandemic. When asked, Hornik and Yanez said the contract can be reevaluated annually. Campbell added that the agreement was signed in 2019. This would be the first re-evaluation. Yanez said the company has no issue with waiting until January for a decision but would like to amend the contract language. She said data from the Bureau of Labor Statistics is more specific to garbage and trash than the Consumer Price Index. She also noted she was not aware there had been any service issues and said the company is in Hillsborough six days a week and can handle a problem the next day. She said she also serves as a mediator if there is ever a problem that can’t be resolved. The board expressed desires to reconsider the contract language and delay any rate decision. Motion: Hughes moved to table the request to the board’s regular meeting in January. 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. Following the vote, the town manager stated Hillsborough has done franchise agreements for commercial solid waste for about 20 years at the request of local businesses. He has always recommended a non-exclusive franchise, stating it would be one less duty for town government to manage and would provide more vendor choice for businesses vs. an exclusive agreement with one vendor. He suggested that businesses wanting more choice to discuss this with other businesses. C. Issuance of Special Events Permits subject to current and future executive order restrictions on gatherings The economic development planner reviewed that the board directed a temporary amendment of the town code in April to halt issuing special event permits due to COVID-19 restrictions on gatherings. She said that now that Orange County is in Phase 3 of the state’s reopening plan, the town is receiving more requests for special event permits. She noted that without the permit process in place, the town cannot manage events or make requirements for an event’s operation, such as requiring hand sanitation stations. She suggested reinstating the permit process to better manage events. The mayor said she favored reinstating the permit process to make events as safe as possible now that the outdoor limit for gatherings has increased to 50 people. Oct. 12, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 5 Nov. 9, 2020 Motion: English moved to reinstate the special events permit process subject to current and future executive orders. 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. D. Hot topics for work session Oct. 26, 2020 The board discussed possible topics for the October work session, including: • Continuing a discussion on the town’s noise ordinance. • Receiving updates on economic development, a staffing shortage in the Police Department, and progress made on the June 8 resolution denouncing the killing of George Floyd in Minnesota. • Reviewing materials related to an application to the U.S. Housing and Urban Development’s Community Block Grant Programs. There was discussion on considering participatory budgeting and the framework for that for a future budget cycle. 7. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager There was no update. C. Staff (written departmental reports are included in the agenda packet) No verbal reports were given. 8. Adjournment Motion: Ferguson moved to adjourn at 8:08 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 Oct. 12, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 5 Nov. 9, 2020 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 10/12/2020 TO 10/12/2020 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-4000-5300-335 SUPPLIES - DISASTER 10/12/2020 44,365.00 -10,000.00Move expense to Public Space 20237 39,365.00EBRADFORD 10-10-6300-5300-150 MAINTENANCE - BUILDINGS 10/12/2020 9,592.00 9,000.00Extra cleaning/sanitation per COVID 20238 18,722.00EBRADFORD 10-10-6300-5300-155 MAINTENANCE - PARKS 10/12/2020 54,600.00 1,000.00To cover hand sanitizer/chalk messages at 20239 55,600.00EBRADFORD 30-80-7240-5300-320 SUPPLIES - OFFICE 10/12/2020 1,000.00 -123.00Monitor for new employee 20243 877.00JDELLAVALL 30-80-7240-5300-338 SUPPLIES - DATA PROCESSING 10/12/2020 0.00 123.00Monitor for new employee 20242 123.00JDELLAVALL 0.00 JDELLAVALLE 2:31:32PM10/06/2020 fl142r03 Page 1 of 1 Billing & Coll. Billing & Coll. Public Space Public Space Disaster Relief APPROVED: 5/0 DATE: 10/12/20 VERIFIED: ___________________________________ Oct. 12, 2020 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 5 Nov. 9, 2020