HomeMy Public PortalAbout11-09-20 Agenda Regular Meeting
Interim Town Clerk and 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
7 p.m. Nov. 9, 2020
Town of Hillsborough YouTube channel
Due to current public health concerns, the Board of Commissioners will conduct this meeting remotely using
Zoom. The public can view and listen to the meeting via live streaming video on the town’s YouTube channel. Two
methods for public comment are available, with detailed instructions 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. Public hearing:
Community Development Block Grant – Coronavirus Application
5. Presentations
A. Food Council Update
B. Falls Lake Rules Update
C. Orange County Long-term Recovery Planning Effort
6. Items for decision ― consent agenda
A. Minutes
1. Regular meeting Oct. 12, 2020
2. Work session Oct. 26, 2020
B. Miscellaneous budget amendments and transfers
Board of Commissioners Agenda | 2 of 3
C. Miscellaneous Tourism Development Authority budget amendments and transfers
D. Donation from Jay Wilkes of Luxcrete Concrete Polishing of concrete pad to receive accessible musical
play stations in Gold Park (value $3500)
E. Encroachment agreement - 509 N. Wake St.
F. Encroachment agreement - 305 W. Tryon St.
G. Classification and pay amendment - increase customer service representative FTE from .5 to 1.0
7. Items for decision ― regular agenda
A. Draft town code amendment regarding parking pad ordinance
B. Request to close two unopened rights of way off Lakeshore Drive – Call public hearing
C. Resolution to authorize submittal of Community Development Block Grant – Coronavirus Application
D. Resolution approving a minor amendment to the Water and Sewer Boundary and Planning Agreement
affecting approximately 30 acres south of Chapel Hill
E. Noise Ordinance Discussion Follow Up
F. Hot topics for work session Nov. 23, 2020
8. Updates
A. Board members
B. Town manager
C. Staff (written reports in agenda packet)
9. Adjournment
Public Comment Instructions
For items not on the agenda, agenda items and public hearings
Public Comment ― Written
Members of the public may provide written public comment by submitting it via the Board of Commissioners
contact form by noon the day of the meeting. Public hearing comments may be submitted for 24 hours
following a public hearing. Members of the Board of Commissioners, town manager, assistant town
manager/planning director and town clerk will receive all comments submitted.
When submitting the comment, include the following:
• Date of the meeting
• Agenda item you wish to comment on (Example: 5.C)
• Your name, address, email and phone number
Public Comment ― Verbal
Members of the public can indicate they wish to speak during the meeting by contacting the town clerk using the
town clerk contact form no later than noon the day of the meeting.
When submitting the request to speak, include the following:
• Date of the meeting
• Agenda item you wish to speak on (Example: 5.C)
• 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
Board of Commissioners Agenda | 3 of 3
live meeting. Speakers may use a computer (with camera and/or microphone) or phone to make comments.
Speakers using a 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. 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 and Human Resources Technician Sarah Kimrey at 919-296-9443.
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Planning
Public Hearing: Yes No
Date of Public Hearing: 10/26/2020 & 11/9/2020
For Clerk’s Use Only AGENDA ITEM #
4
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager
ITEM TO BE CONSIDERED
Subject:
Public Hearing - Community Development Block Grant – Coronavirus Application
Attachment(s):
1. Community Development Block Grant – Coronavirus program summary
2. Snapshot of Emergency Housing Assistance provided through October
Brief Summary:
The U.S. Department of Housing and Community Development has awarded Community Development Block Grant -
Coronavirus funds to the state of North Carolina. The state is accepting applications from non-entitlement areas to
expend these funds to support the town’s response to the impacts of the virus. A public hearing is required prior to
the town drafting the application and another one prior to submittal. The town conducted a hearing on Oct. 26. The
second is this evening.
Action Requested:
Conduct public hearing
ISSUE OVERVIEW
Background Information & Issue Summary:
Orange County has received the maximum award of $900,000. Carrboro is applying for the maximum amount.
Chapel Hill is an entitlement area and is not eligible for these funds. Hillsborough is applying for $600,000. The town
will contract with Orange County to administer these funds, consistent with the current program guidelines.
Orange County administers the Emergency Housing Assistance program as a homeless prevention and eviction
diversion program countywide for residents with impacts from the virus. The program was initiated earlier this year
and has spent nearly $1.7 million to support county households. The majority of assisted households have been at or
below 50% of the median income. The eviction cases have been reduced by half when comparing July and August of
this year with last year. Our neighboring jurisdictions are seeing eviction increases. The majority of funds spent so far
have been CARES funds and other federal sources awarded to the county and municipalities.
The county is shifting to the recently announced HOPE funding source as the CARES and other funds have been
exhausted. This will trigger changes in how folks apply for assistance, but the county will still be directly involved in
administering the funds.
The snapshot slide included provides data through October, but do not reflect the assistance provided via the HOPE
funding source near the end of the month. The current funds are available through Dec. 30. The CDBG-CV funds can
be used for 30 months and will fill an important looming gap in this program.
The program allows for up to 10% of the funds on the administration of the program. This would make $540,000
available for assistance and cap administration support at $60,000.
The town will also accept written comments on this potential application through 8 p.m. on Nov. 10, 2020 to comply
with state requirements for handling remote hearings during the pandemic.
Financial Impacts:
The town will be responsible for the reporting and compliance of this program with federal guidelines.
Staff Recommendations/Comments:
INTRODUCTION
NC Commerce’s Rural Economic Development Division (REDD) will administer the Community
Development Block Grant Coronavirus (CDBG-CV) funds awarded to the State by the U. S. Department
of Housing and Urban Development (HUD) to support North Carolina’s COVID-19 response efforts. This
allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public
Law 116-136, which was signed by President Trump on March 27, 2020, to respond to the growing
effects of this historic public health crisis. Initially, REDD makes available approximately $27.5 million
through awarding grants to non-entitlement communities (i.e., incorporated municipalities under
50,000 and counties under 200,000 in population).
The North Carolina CDBG-CV Program is designed to help a non-entitlement municipality or county to
prepare, prevent, or respond to the health and economic impacts of COVID-19. The activities must be
most critical to their locality and primarily for their low- and moderate-income residents. Beginning
September 1, 2020, REDD will award CDBG-CV funds on a first-come, first-served basis with a focus on
local needs identified by the community in collaboration with state and local health officials. Applicants
may view current COVID-19 metrics on the North Carolina Department of Health and Human Services
website at https://covid19.ncdhhs.gov/ .
AREAS OF FOCUS FOR CORONAVIRUS RESPONSE
As noted by Governor Roy Cooper, “efforts to support families, small business, and economic recovery
remain critical” during the COVID-19 pandemic. In support of these public health and economic recovery
goals, North Carolina CDBG-CV Program projects must incorporate at least one of the following as an
area of focus: □ Support families and communities through telehealth support and other public services. □ Protect the most vulnerable and high-risk populations. □ Assist small businesses with economic recovery. □ Address testing, tracing, and trends.
FUNDING PRIORITIES BY ELIGIBLE ACTIVITY
The State has established the following funding priorities by eligible activity:
• Public Service: The priority in this category is subsistence payments to prevent evictions and
utility disconnections. Food distribution, testing and diagnosis, and employment training for
health care workers on the frontlines are also prioritized.
• Public Facilities: The priority in this category is broadband services and enhancing internet
access that supports increased connectivity to schools, jobs, and healthcare. This category also
includes building rehabilitation or improvements to support activities such as repurposing
buildings into patient treatment centers.
• Economic Development: The priority in this category is to provide financial assistance to
businesses with 100 or fewer employees, including microenterprises with five or fewer
employees. The focus is to support businesses that manufacture medical supplies, and to help
small businesses impacted by COVID-19 create and retain jobs.
Emergency Housing Assistance Snapshot
October 2020
Information does not include the shift to HOPE funding source at the end of October.
Jurisdiction 1/20 2/20 3/20 4/20 5/20 6/20 7/20 8/20 9/20 10/20 Grand Total
Carrboro $5,663.98 $3,272.60 $3,752.00 $16,266.78 $54,096.20 $80,949.60 $100,375.45 $111,425.23 $121,675.45 $497,477.29
Chapel Hill $1,262.49 $1,775.03 $8,679.35 $16,407.14 $39,790.85 $98,142.17 $92,705.93 $116,694.88 $264,768.92 $224,268.59 $864,495.35
Hillsborough $1,761.80 $1,140.00 $4,379.84 $4,587.50 $13,068.26 $23,813.93 $66,765.51 $45,364.50 $160,881.34
Orange County $1,450.00 $1,241.01 $2,584.18 $27,649.52 $14,639.81 $36,408.95 $45,921.05 $71,647.60 $93,046.85 $138,858.11 $433,447.08
Grand Total $8,376.47 $8,050.44 $11,263.53 $48,948.66 $75,077.28 $193,234.82 $232,644.84 $312,531.86 $536,006.51 $530,166.65 $1,956,301.06
SUM of Amount Month
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 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: Ashley Heger, Food Council Coordinator
ITEM TO BE CONSIDERED
Subject:
Orange County Food Council Update
Attachment(s):
1. 2019 Review & 2020-2021 Scope of Work PowerPoint
2. Food Insecurity Infographic
Brief Summary:
Orange County Food Council Coordinator Ashley Heger will present an update on food council efforts.
Action Requested:
Receive update.
ISSUE OVERVIEW
Background Information & Issue Summary:
N/A
Financial Impacts:
None identified.
Staff Recommendations/Comments:
N/A
2019 Review &
2020-2021 Scope of Work
2018 Work Plan Progress Report
The 2018 work plan was designed to be a living document. This plan was shared with all
elected boards during the process to approve the MOU to create a Food Council
Coordinator position. Any changes made to the Food Council’s work plan and/or the
Coordinator’s scope of work have been approved by the County Manager and the Council’s
Executive Committee.
★Progress made in all identified priority areas
★Changes to actions came through collaboration with
nonprofit agencies, community members, food system
stakeholders, and county/town departments
★Moved towards centering racial equity and lived experience
Actions + Accomplishments
-Lead the development of a regional food council collaborative
-Facilitated partnerships with OCS, UNC, local childcare centers,
and Farmer Foodshare to increase local foods in schools
-Assembled a Community Food Resource Guide in Spanish and
English (online and PDFs)
-Shared a ‘State of Food Security’ presentation at the County
Commissioner annual retreat; continuing to work with county
and town staff and community partners to better understand
the challenges and opportunities for addressing hunger
Actions + Accomplishments continued
-Designed an infographic to illustrate the relationship between
food security, affordable housing, and systemic racism
-Facilitated relationships to reduce food waste in schools and
with local food businesses
-Supported the development of SOP’s at a state level for
reducing food waste and increasing safe food recovery practices
-Created a proposal for an Agricultural Trust Fund proposal,
conducted a racial equity assessment, and transitioned this
effort into the creation of an Orange County Black Farmers think
tank
2019 -2020 Fiscal Year Review
●Hired a full-time coordinator
●Facilitated a partnership with Orange Co Schools and Orange Co
Solid Waste to begin a school composting pilot program
●Organized a ‘state of food security’ report for the County
Commissioners
●Presented to the Chapel Hill Human Services Advisory Board
●Facilitated Social Justice & Racial Equity workshops
●Met with food service providers to share & develop best practices
for a justice approach to addressing hunger
●Expanded workgroup participation in Local Food Economy, Racial
Equity, Food Access and Food Waste Recovery
●Completed a racial equity assessment of a proposed agricultural
trust fund
2020 -2021 Goals & Scope of Work
Develop a Food Policy
Agenda (FPA is intended to
be a 2+ year process)
Support the
development of a
Racial Equity
Community Data
Index in collaboration
with the Health Equity
Council
Relationships play
a central role in the
FPA design and
implementation
process
Support the
coordination
of partners
and activities
in the local
food system
Recruit new members to sit
on the Food Council
What is a Food Policy Agenda?
Purpose & Structure
Identify gaps and
opportunities for
improving the local
food system
Develop an agreement
between partners
where lived experience
and racial equity is
centered and everyone
understands their role
in this work
Provide
recommendations for
practices and policies;
recommendations will
be part of an
accountability
framework to ensure
actions create
necessary change
guided by the
community
FPA design process in 2020 -2021
-Lived experience centered in design process
-Focus on accountability & transparency
-Relationships with those most impacted essential for
effective change
-Data Index as a complimentary tool for tracking outcomes
-Racial equity coach advising process
-Participating in other long-term planning processes to help
identify areas for deeper collaboration and shared learning
across sectors and jurisdictions
QUESTIONS?
Ashley Heger
aheger@orangecountync.gov
ocfoodcouncil@gmail.com
Poverty is a root cause of food insecurity and
cannot be separated from systemic racism
and the unique challenges that impact rural
communities. Historically, policies like redlining
and segregation in housing and the workforce
have kept people of color from owning homes
and working in higher wage jobs. The legacy
of these practices continues to influence food
insecurity. Current policies and practices within
the Federal Nutrition Service programs like
SNAP (formerly known as food stamps) have
been shown to disproportionately impact black
communities and other communities of color in
part due to this historical legacy.
According to the USDA and the Food Research
and Action Center, “rates of food insecurity were
much higher for households headed by African
Americans (21.2%- two and a half times the
rate for white non-Hispanic households) and
Hispanics (16.2% - two times
the rate for white non-Hispanic
households).
Additionally, people living in
rural areas often experience the
highest rates of food insecurity.
Limited transportation, lower wage jobs, and the
lack of grocery stores all contribute to lower food
access in non-urban communities.
Food Insecurity in Orange County
The impact of housing costs and wages
$2,252
$1,46164.8%
• Cost of food exceeds funds available
• Lack of transportation especially in rural areas
• Falling in between the gaps: not eligible for
nutrition services but limited food budget due to
cost of living (housing costs and low wages)
• College students often not eligible for nutrition
services like SNAP
• Fear of endangering immigration status
• Histor y of unjust policies has a more severe impact
on communities of color and rural communities
or $14.08 per hour = maximum gross monthly
income to qualify a family of 3 for SNAP.
Amount needed for a
family of 3 to rent a
3 bedroom FMR unit
for the recommended
30% of household
income
2020 Fair Market Rent
(FMR) in Orange County
for a 3 bedroom
A family of 3 eligible for SNAP benefits will spend
$2,252
Average benefit amount for a family of 3$365 Per
Month
A family of 3 is eligible for SNAP benefits if their gross monthly income does not exceed
Stories behind food insecurity
$4,870$58,440
PerMonth
PerYear
Orange County Food Insecurity Rate12.7%
18,030 People experiencing food insecurity
of monthly income on FMR 3 bedroom unit
orangecountyfoodcouncil.org
How race and place impact food insecurity
The same family making a living wage of $14.90/hour
will no longer qualify for SNAP.
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Stormwater
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: Terry Hackett, Stormwater & Environmental Services Manager
ITEM TO BE CONSIDERED
Subject:
Falls Lake Rules Update
Attachment(s):
1. IAIA Summary
2. November 2020, Falls Lake Compliance Summary
3. Draft IAIA Program Document
Brief Summary:
Stormwater and Environmental Services Manager, Terry Hackett will provide a brief update of the Falls Lake Nutrient
Management Strategy (Falls Lake Rules) including status of the town’s compliance efforts, the reexamination
process, and the proposed Interim Alternative Implementation Approach (IAIA) which is a joint compliance program
proposed by the Upper Neuse River Basin Association (UNRBA) to comply with the Falls Lake Rules, Stage 1
Existing Development requirements.
Action Requested:
Receive the presentation and officially confirm the town’s intent in participation in the IAIA program.
ISSUE OVERVIEW
Background Information & Issue Summary:
The Falls Lake Rules were adopted by the state in 2011 and include two stages of nutrient reductions that apply to
both wastewater and stormwater. To meet Stage 1 of the wastewater rule, the town completed costly upgrades to the
wastewater plant which currently exceeds Stage 1 requirements. In 2012 the town adopted nutrient standards for
stormwater discharges from new development. However, Stage 1 stormwater requirements from existing
development have been delayed until now by various legislative actions. When the rules were adopted, the state
acknowledged that the Stage 2 reductions would be extremely costly and perhaps technically infeasible. For that
reason, the rules include a process for reexamination. The UNRBA is leading the reexamination process that
includes a robust water quality monitoring program and a detailed modeling effort with a goal of developing a feasible
nutrient management strategy for the lake.
Financial Impacts:
Participation in the IAIA will require the town to spend a minimum of $34,221 annually on stormwater related projects;
UNRBA fees are also expected to increase to cover administrative costs of the program.
Staff Recommendations/Comments:
Staff recommends participation in the IAIA program.
Falls Lake Rules – IAIA November 2020 Update Page 1
Stormwater & Environmental Services
Falls Lake Rules – IAIA November 2020 Update
Background
In 2011, the NC Environmental Management Commission adopted the Falls Lake Nutrient Management
Strategy (“the Rules”). The Rules include two stages for nutrient reductions that apply to both wastewater
and stormwater discharges. The Rules acknowledged that required reductions would be both extremely
costly and likely technically infeasible. For that reason, the Rules also include a process for reexamination
based on better data. The Upper Neuse River Basin Association (UNRBA) is leading the reexamination
process that includes a robust water quality monitoring program and a detailed modeling effort with a
goal of developing a feasible nutrient management strategy for the lake.
Status of Stage 1
To meet Stage 1 of the wastewater rule, the town’s wastewater plant was upgraded at a substantial cost
to rate payers. Operation of the upgrades began in 2014. Currently, the town’s plant is exceeding its Stage
1 requirements.
For stormwater, the Rules include nutrient limits for new development, as well as nutrient reductions for
stormwater discharges from existing development. In 2012, the town modified its Unified Development
Ordinance (UDO) requiring new development to meet strict nutrient limits in stormwater discharges
which are typically met by installing stormwater control measures (SCMs) such as bioretention,
stormwater wetlands, wet ponds, etc.
However, the Stage 1 requirement for stormwater from existing development has been delayed by
various actions by the state, most notably the passage of Session Laws 2016-94 and 2018-5 which
modified the schedule for the completion of stage 1 existing development requirements. While these
session laws did not directly change when Stage 1 for existing development would begin, they do align
the compliance date with the reexamination process.
Interim Alternative Implementation Approach
Some stakeholders were concerned that the delay in implementing Stage 1 existing development
requirements for stormwater would cause further declines in water quality in the lake. While some
jurisdictions—including the Town of Hillsborough—had already completed some nutrient reduction
projects, others had not. This led to discussions about an alternative option for achieving compliance with
Stage 1 reductions, at least until the reexamination was completed and the rules re-adopted.
This ultimately led to the creation of the Interim Alternative Implementation Approach (IAIA). The IAIA
proposes a voluntary, joint compliance program based on level of investment. The level of investment
was determined basically by “willingness to pay” by UNRBA member governments. To determine annual
funding amounts, the UNRBA settled on a formula similar to the method currently used to calculate
UNRBA annual dues. Under the IAIA, Hillsborough’s annual funding commitment would be $34,221. This
is in addition to annual UNRBA dues which were $24,194 for the current fiscal year.
Falls Lake Rules – IAIA November 2020 Update Page 2
Stormwater & Environmental Services
Fortunately, it was anticipated from the beginning that the town’s stormwater fund would set aside
money for Falls Lake Rule compliance. As stated previously, the town has already completed projects to
specifically reduce nutrients in stormwater runoff. In fact, the current budget has approximately $45,000
earmarked for the planning, design and implementation of similar projects this year.
Recommendation
Staff fully supports participation in the IAIA, even though the town is already meeting its Stage 1 goals for
both wastewater and stormwater, thanks to the “nutrient credits” generated by the wastewater plant.
However, if the IAIA proves successful, it may be a used as a model for Stage II requirements. This
investment-based approach is a simpler way of showing compliance, allows leveraging of funds across
jurisdictions for larger projects, and would reduce the administrative burden on staff.
Participation in the IAIA shows that the town is committed to improving downstream water quality and
validates town input in the reexamination process. Nutrient reduction projects also have multiple benefits
to the environment and citizens. These same projects often reduce other stormwater pollutants, provide
habitat for pollinators and other wildlife, and improve aesthetics. For these reasons, staff recommends
participation in the IAIA.
Timetable
The UNRBA asked for verbal commitments from member governments at its August 4, 2020 Path Forward
committee (PFC) meeting. With informal approval from the town board, staff indicated that the town
would participate in the IAIA program. Most other UNRBA members also indicated they would participate.
At its September 16th meeting, the UNRBA Board of Directors voted to complete the IAIA program
document and authorized work to begin developing a draft Interlocal Agreement (ILA) for participation in
the IAIA. The motion stated that in order to participate in the IAIA, approval must be received from each
participating jurisdiction’s governing body. The motion also identified that each Board Member and its
UNRBA representatives would present the IAIA program and draft ILA to each jurisdiction’s respective
Councils or Commissions for action on participation prior to the UNRBA’s November 18, 2020 Board
meeting.
While the draft ILA has not yet been completed, the UNRBA is specifically looking for confirmation from
each UNRBA member’s board or council of their intent to participate in the IAIA. Town staff will be
presenting an update to the town board at its November 9, 2020 meeting and asking for confirmation at
that time. Confirmation will not be formal approval of the town’s participation. Formal approval of
participation in the IAIA will occur when the town board approves and signs the ILA.
Parallel to this process, the North Carolina Department of Environmental Quality (NCDEQ) has updated
its Stage 1 Model Program for Existing Development. The updated draft was provided to the UNRBA and
town staff for review. The updated draft model program includes language that allows joint compliance
and specifically references the IAIA. Comments from town staff along with other jurisdictions were
compiled by the UNRBA and provided to NCDEQ. NCDEQ staff will be presenting the draft model program
to the EMC’s water quality committee at its November 18, 2020 meeting. Input from the EMC’s water
Falls Lake Rules – IAIA November 2020 Update Page 3
Stormwater & Environmental Services
quality committee will be incorporated by NCDEQ and a final draft of the model program will be presented
to the full EMC for approval at its January 14, 2021 meeting. Once the model program is approved by the
EMC, the IAIA program information would need to be submitted to NCDEQ within six months of that
approval.
Based on NCDEQ’s timeline, it is anticipated that the ILA will be presented to the town at its December
2020 or January 2021 board meeting, depending on development of the final draft ILA. At this time, it is
expected that implementation of the IAIA program and funding commitment by the town would begin
July 1, 2021 (FY22).
Falls Lake Rules – Compliance Summary Page 1
Stormwater & Environmental Services
Falls Lake Rules - Compliance Summary
The Town of Hillsborough has been diligently working towards reducing nutrient load in its efforts to
comply with the Falls Lake Nutrient Management Strategy (15A NCAC 02B .0275), despite portions of the
strategy being delayed. This document briefly summarizes the town’s efforts thus far, specifically the
following portions of that strategy:
• 15A NCAC 02B .0277 - Stormwater Management for New Development
• 15A NCAC 02B .0278 – Stormwater Management for Existing Development
• 15A NCAC 02B .0279 – Wastewater Discharge Requirements
Stormwater Management for New Development
The Town of Hillsborough began enforcing the Falls Lake nutrient loading limits for stormwater runoff
from new development on February 28, 2011 through adoption of its Unified Development Ordinance
(UDO). The Environmental Management Commission officially approved the Town’s Falls Lake New
Development program on January 12, 2012 contingent upon minor revisions to its UDO. The Town
adopted those revisions to the UDO on June 11, 2012.
Based on annual reporting requirements for the fiscal years 2013-2018, the following table summarizes
the load increase from approved new development, onsite reductions from stormwater control measures
(SCM) and offsite, offset payments.
Nitrogen Phosphorous
New Development Increase 3,406.3 lb/yr 385.3 lb/yr
Onsite SCM Reductions 2,478.1 lb/yr 334.8 lb/yr
Offset Payment Reductions 466.3 lb/yr 25.7 lb/yr
Net Increase 461.9 lb/yr 24.8 lb/yr
Stormwater Management for Existing Development
Although the stormwater management requirements from existing development have been delayed until
the state approves the model program, the Town of Hillsborough has been working on nutrient reductions
from existing development. On July 1, 2016, the Town of Hillsborough adopted its first stormwater
management utility and fee. Part of the revenue generated from the stormwater utility fee is being
budgeted for Falls Lake existing development compliance. Two stormwater retro-fit projects have already
been completed and one other is currently in the works. Those projects are summarized below. The town
also completed a small bio-swale and rain garden that are not listed, since formal nutrient reduction credit
will not be sought for those projects.
Falls Lake Rules – Compliance Summary Page 2
Stormwater & Environmental Services
Town Cemetery Soil Amendment (completed)
Project Description Portions of the Town of Hillsborough’s cemetery contained exposed soils and
minor erosion was occurring. Soils were tilled, amended with compost,
seeded and matted. This site is a small site and is considered more of a “pilot
project” to show feasibility of doing other similar projects on town-owned
property.
Project Cost $1,500
Nutrient Reductions Nitrogen reduced 0.05 lbs/yr
Phosphorous reduced 0.01 lbs/yr
Cates Creek Bioretention Retrofit (completed)
Project Description Cates Creek Park was designed and constructed by a private developer and
given to the town as a condition of the Waterstone Development Project.
The park contained a sodded bioretention, but the parking lot runoff
bypassed the bioretention. Based on an assessment, a retro-fit was designed
and constructed to divert the parking lot water to the bioretention cell. The
retro-fit, eliminated erosion as well as reduced stormwater pollutants
entering an adjacent stream.
Project Cost $41,754
Nutrient Reductions Nitrogen reduced 1.8 lbs/yr
Phosphorous reduced 0.33 lbs/yr
Cates Creek Compost Blanket (completed)
Project Description Cates Creek Park was designed and constructed by a private developer and
given to the town as a condition of the Waterstone Development Project.
Cut slopes near the park entrance were highly eroded and sediment was
being washed off-site. The town installed compost blankets to the slopes
mixed with native grass and wildflower seed.
Project Cost $11,586
Nutrient Reductions Nitrogen reduced calculations in progress
Phosphorous reduced calculations in progress
Falls Lake Rules – Compliance Summary Page 3
Stormwater & Environmental Services
Public Works Restoration (completed)
Project Description The town’s old fleet maintenance building was located within the designated
100-year floodplain. The project included the demolition of the old fleet
building, removal of surrounding parking area, and conversion of lawn to
native forest. Approximately 4,800 square feet of impervious surface was
removed and the project resulted in the restoration of 14,632 total square
feet of native riparian forest.
Project Cost $51,829
(of that total, $21,629 funded through the grant and the remainder through
the town’s stormwater fund)
Nutrient Reductions Based on calculations the nutrient reductions are:
Nitrogen reduced 1.29 lbs/yr
Phosphorous reduced 0.22 lbs/yr
Riparian Buffer Enhancement (completed)
Project Description The town received funding through the state’s Community Conservation
Assistance Program to plant native riparian trees and shrubs at two
neighborhood parks.
Project Cost $8,700
(of this total $6,525 was reimbursed by the CCAP funds)
Nutrient Reductions Nitrogen reduced calculations in progress
Phosphorous reduced calculations in progress
Falls Lake Rules – Compliance Summary Page 4
Stormwater & Environmental Services
Additionally, the Town of Hillsborough has spent considerable resources to improve its aging sanitary
sewer collection system. Prior to the baseline period, the town experienced more numerous and often
high volume sanitary sewer overflows. Since 2006 the town has systematically improved the collection
system and has reduced both the number of SSOs and the volume reaching surface waters. The town is
in the process of compiling additional details on efforts to reduce SSOs. However, the following two graphs
showing the number of SSOs and volume reaching a surface water by year, indicate the success improving
the town’s sanitary sewer collection system.
0
5
10
15
20
25
30
35
40
Year
Number of SSOs
0
50,000
100,000
150,000
200,000
250,000
300,000
GallonsYear
Volume Reaching Surface Waters
Falls Lake Rules – Compliance Summary Page 5
Stormwater & Environmental Services
Wastewater Discharge Requirements
The Town of Hillsborough has made considerable enhancements to the operation of their wastewater
treatment facility. In 2007, the town hired a new plant superintendent who improved efficiency of the
plant and continues to improve operation of the facility. In addition, the town spent approximately $16
million to upgrade the wastewater treatment facility. Part of those upgrades were required to help meet
stage 1 of the Falls Lake wastewater rule. The upgrades were completed in 2014. These upgrades,
combined with improved operation have drastically reduced the discharge of nutrients.
Total nitrogen output in pounds per year between 2004 and 2017 is shown in the following graph.
Significant reductions can bee seen starting in 2007 and even more reductions in 2014 after the plant
upgrades were constructed.
A similar trend can be seen in the graph on the next page which shows total nitrogen concentration in the
effluent as milligrams per liter.
Falls Lake Rules – Compliance Summary Page 6
Stormwater & Environmental Services
The graph below shows the reduction in total phosphorous concentration resulting from the plant
upgrades required pursuant to stage 1 of the Falls Lake wastewater rule. Based on the graph there was a
0.87 mg/L reduction since 2014.
Draft for Board of Directors Review Distributed September 9, 2020 1
DRAFT PROGRAM DOCUMENT:
STAGE I EXISTING DEVELOPMENT (ED)
INTERIM ALTERNATIVE IMPLEMENTATION APPROACH (IAIA)
Submitted for Review and Approval to:
North Carolina Division of Water Resources (DWR) and the
North Carolina Environmental Management Commission (EMC)
Submitted as a Joint Compliance Approach Under the Stage 1 Existing
Development Rule and the Approved Model Program
Submitted by
The Upper Neuse River Basin Association (UNRBA)
on behalf of Members Participating in the IAIA Program
The Upper Neuse River Basin Association
P.O. Box 270
Butner, NC 27509
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Draft for Board of Directors Review Distributed September 9, 2020 3
Abbreviations
BMP Best Management Practices
DWR NCDEQ Division of Water Resources
EMC Environmental Management Commission
ED Existing Development
IAIA Interim Alternative Implementation Approach
ILA Interlocal Agreement
MS4 Municipal Separate Storm Sewer System
NCDEQ N.C. Department of Environmental Quality
NGO Non-governmental organization
PFC UNRBA Path Forward Committee
SCM Stormwater Control Measure
TMDL Total Maximum Daily Load
UNRBA Upper Neuse River Basin Association
Draft Program Document: Stage I Interim Alternative Implementation Approach
Draft for Board of Directors Review Distributed September 9, 2020 4
Table of Contents
Abbreviations ................................................................................................................................................ 3
Table of Contents .......................................................................................................................................... 4
Purpose ......................................................................................................................................................... 5
Overview ....................................................................................................................................................... 5
Regulatory Background ................................................................................................................................. 6
Objectives and Guiding Principals ................................................................................................................ 8
Stage I IAIA Participant Investment Commitments ....................................................................................... 8
Eligible Projects ........................................................................................................................................... 10
Administration ............................................................................................................................................. 12
Duration ....................................................................................................................................................... 14
Compliance Determination .......................................................................................................................... 16
Implementation Considerations and Ongoing IAIA Program Evaluation Components .............................. 17
Template for Interlocal Agreements (ILA) ................................................................................................... 18
Template for Reporting ............................................................................................................................... 18
Authorization and Commitment to Participate by Individual Local Governments ....................................... 18
Appendix A. Falls Lake Model Program .................................................................................................... A-1
Appendix B. Session Law 2016-94, Section 14.13 ................................................................................... B-1
Appendix C. Session Law 2018-5, Section 13.8 ....................................................................................... C-1
Appendix D. Template for Interlocal Agreement (ILA) .............................................................................. D-1
Appendix E. Template for Reporting ......................................................................................................... E-1
Appendix F. Signed Interlocal Agreement for Participation in the IAIA ..................................................... F-1
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Draft for Board of Directors Review Distributed September 9, 2020 5
Purpose
Preliminary work on this joint compliance approach to Stage I Existing Development (ED)
requirements under the Falls Lake Rules was initiated by the Upper Neuse River Basin Association
(UNRBA). A subset of UNRBA members may choose to participate in this IAIA Program. This Program
Document was finalized by the IAIA participants for submittal to the Division of Water Resources
(DWR) and the NC Environmental Management Commission (EMC) in response to the provision
allowing joint compliance through an IAIA as described in the Model Program developed by DWR and
approved by the EMC. The IAIA participants are seeking DWR and EMC approval of the program as
described within this document. The document has been approved by the IAIA participants as
reflected by the executed Interlocal Agreement in Appendix F.
The Program Document presents the framework for the IAIA, provides the provisions of investment
by each participant and as a group, identifies qualifying project types, describes how additional
practices/projects can be approved for use, outlines reporting procedures, and represents a general
guidance document for use by the participants in the IAIA. This Document builds on previous
conceptual documents and clarifies the specific provisions of the IAIA in practice. In addition to the
IAIA participants, previous documents and reviews have been coordinated with DWR, other regulated
sectors and public interest organizations.
The IAIA participants will serve as general coordinator of the program and, with information provided
by the participating members, will provide to DWR and the EMC joint reporting of the status of overall
IAIA progress and compliance with this provision of the Model Program. The IAIA does include an
option for developing projects facilitated by the group, however, jurisdictions will likely develop
projects individually, cooperate with existing agencies/organizations, and cooperate with other
jurisdictions (two or more working together) to undertake and complete projects. Each participating
jurisdiction will provide annual reporting to Program administrators summarizing the status of its
individual portion of the joint compliance investment commitment. The Program administrators will
use the individual reports to provide to DWR a summary of joint compliance under the IAIA.
Participation in the IAIA and membership in the UNRBA is required for participation under this joint
compliance approach. In addition to reporting overall program status, the Program administrators
will provide support to its participating members in accordance with the provisions of this Program
Document.
As noted in this Document, jurisdictions in the Falls watershed which fall under the provisions of
Stage I ED and do not participate in the IAIA are required by the Model Program to comply through
the submittal of individual Local Programs.
A template for interlocal governmental agreements for projects implemented by more than one
jurisdiction is attached to this Document as Appendix D. A template for reporting is provided in
Appendix E. The executed agreement designating the IAIA participants is attached as Appendix F.
Overview
Since 2018, the UNRBA has been exploring an alternative option for achieving compliance with
Stage I ED nutrient load reductions required by the current Falls Lake Nutrient Management Strategy
(the Rules). An important aspect of this alternative approach is to promote additional actions
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Draft for Board of Directors Review Distributed September 9, 2020 6
directed at reducing nutrient loading impacts from ED and to promote general improvement in the
eutrophication conditions in Falls Lake (Lake). This program is considered interim because it would
apply only during the period between the time this alternative approach is initiated and when the
Falls Lake Rules are readopted (expected in 2025 or later). However, it is anticipated that the
experience gained during the use of this approach will help inform the development of ED nutrient
management strategies for inclusion in the readopted rules.
This Stage I IAIA is based on voluntary participation of UNRBA members in the Program and will allow
participating jurisdictions to achieve compliance with Stage I ED Rule requirements. Choosing not to
participate in the Stage I IAIA results in a jurisdiction having to comply by developing a Stage I ED
local program consistent with the Rules and the Model Program (see Appendix A). However,
participating in the IAIA will allow a jurisdiction, in the interim period, to achieve full Stage I ED
compliance.
Regulatory Background
In 2011, the NC Environmental Management Commission adopted the Falls Lake Nutrient
Management Strategy (“the Rules”). The Rules include two stages of nutrient reductions that are the
most stringent and costly nutrient reduction requirements ever passed in NC. The Rules
acknowledged that there is considerable uncertainty associated with the requirements under Stage
II, and the Rules allow for a re-examination if certain steps are followed. The UNRBA began planning
for the re-examination of Stage II in 2011, and the re-examination is based on a significant
monitoring and modeling effort. All of the steps required to undertake the re-examination have been
completed or are underway, and approvals from DEQ have been secured at each step of the process.
Monitoring started in August 2014 and was completed in October 2018. Modeling and other
analyses to support the re-examination are underway.
The Rules define specific requirements for Stage I and Stage II for different sectors of the regulated
community. The Stage I requirements have been met by major point sources (wastewater treatment
systems owned and operated by local governments in the watershed) and agriculture. The Stage I
ED requirements for local governments have not been set by DWR and the EMC. The original
schedule included development of a Model Program for ED by DWR followed by EMC approval and
submittal of Local Programs with implementation beginning at the time of submittal (required within
six months of EMC Model Program approval) and with full compliance by 2021. The development of
the Model Program was delayed allowing the UNRBA Nutrient Practices Project to be completed and
for DWR to more fully develop its list of approved practices for use by local governments. Though
implementation is still controlled by the Rule, the passage of Session Laws 2016-94 and 2018-5
(see excerpts related to Falls Lake in Appendix B and Appendix C, respectively), modified the
schedule for completion of Stage I ED and revised to the date at which the Falls Lake Rules would be
re-adopted (after completion of the UNRBA re-examination and the Collaboratory’s evaluation of the
Lake). As noted, the Session Laws do not alter the rule requirements for implementation of Stage I,
but implementation cannot formally proceed until the Model Program actions required by DWR and
the EMC are completed. Session Law 2018-5 states that the rules re-adoption process for the Falls
Lake Strategy must be started by the EMC no later than December 31st, 2024. It also states that the
due dates for reduction actions and goals originally set to be completed by December 31, 2020, and
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Draft for Board of Directors Review Distributed September 9, 2020 7
the reduction actions and goals identified as Stage II in the Falls Lake Rules are delayed until
readopted Falls Lake Rules become effective.
Some parts of the Rules associated with Stage I ED present challenges in both interpretation and
implementation. The internal and external stakeholders that have contributed to discussions of an
IAIA, including DWR, acknowledged an opportunity to use the joint-compliance language in the Rules
to demonstrate compliance with Stage I ED. Also, it has been noted and demonstrated that the
extent of reductions already accomplished through nutrient treatment improvements at the major
wastewater treatment facilities (City of Durham, Town of Hillsborough, and SGWASA-South Granville
Water and Sewer Authority), as well as other reductions from nonpoint sources such as impervious
surface removal and repair of leaking sewer lines, have resulted in loading reductions well above
and beyond estimates of the total requirements for Stage I ED. These facts provide an excellent
opportunity to establish an alternate approach to Stage I ED that could be authorized under the
Model Program. A review of the magnitude of the reductions already achieved by the referenced
point sources demonstrates not only reductions beyond those required under the Falls Lake Point
Source Rule, but also reductions beyond the total of the estimated reductions required by local
governments to meet Stage I requirements for point sources and ED combined. Based on this
general assessment of progress on load reduction, DWR determined that joint compliance under the
rules would be an appropriate way to authorize an IAIA for compliance under the rule.
In 2018, the UNRBA began discussing a Stage I IAIA that would be used to legally comply with the
Stage I ED requirements by taking supplemental reduction actions. The IAIA will also provide a pilot
for a potential alternative approach when developing the revised nutrient management strategy
through the re-examination. The Stage I IAIA allows jurisdictions to undertake actions in the interim
period (before the re-examination is complete and a new strategy is adopted and in place) that
provide short and long-term improvements in water quality in the watershed and the Lake. The
Stage I IAIA uses an investment-based compliance system rather than a nutrient load reduction-
based tracking system as currently prescribed by the Rules. Some UNRBA members began
implementing projects toward reducing the impacts from ED well before the Falls Lake Rules were
adopted and put in place. Based on jurisdiction-specific input, actions can be tracked back to 2006,
the baseline year for the current Rules. This was well before load reduction targets were
established. For simplicity and to expedite program implementation, the Stage I IAIA does not
account for projects implemented since 2006, but instead focuses on projects implemented
between the start of the IAIA and the adoption of a revised Stage II nutrient management strategy.
However, while the Stage I IAIA will not track early implementation, jurisdictions that undertook early
project development should receive full credit for those projects under the revised strategy proposed
by the re-examination process. The UNRBA will specifically address this issue when making
recommendation on the Reexamination of the Falls Lake Nutrient Management Strategy and will
work with the EMC and DEQ to press for appropriate early implementation credit. The Rules state
that “the Commission shall recognize reduction credit for early implementation of policies and
practices implemented after January 1, 2007 and before timeframes required by this Rule, to reduce
runoff and discharge of nitrogen and phosphorus per Session Law 2009-486.” There is solid
foundation in the Rules to support credit for early implementation and that credit should be allowed
under the revised nutrient management strategy for the Lake.
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Objectives and Guiding Principals
The IAIA participants, with input from external stakeholders including DWR staff, representatives
from agriculture, and non-governmental organizations (NGOs), have identified the following
objectives and guiding principles that will govern the operational actions taken by the jurisdictional
participants for the Stage I ED IAIA:
• Promote additional progress and commit to maintaining the designated uses and to improve
water quality in the Lake through the following actions:
o Implement projects in the watershed focused on water quality improvements now
and in the future while the re-examination process continues toward completion
o Use a simplified approach based on committed funding levels
• Reach agreement on an appropriate, fair and equitable funding level among participants for
a Stage I IAIA, while estimating nutrient loading reductions expected from each
project/program based on adopted credit practice information or best available information
when available
• Determine nutrient reduction values, when appropriate reference materials are available, for
each project or activity and track these values for future reference with the understanding
that Stage I IAIA compliance is strictly based on financial investment
• Provide an interim approach that is fair to all participating jurisdictions and help lay the
foundation for ongoing consideration of innovative management approaches
• Expand the list of available management practices to encourage a broad use of watershed
improvement and protection actions including land conservation in high priority areas
• Demonstrate the participants’ continued commitment to achieving a reasonable, fair, cost-
effective, and equitable management strategy for the Lake
• Provide an opportunity to coordinate a joint compliance effort amongst the participating
members
• Utilize existing water quality improvement programs as available (i.e., other agencies and
organizations, see Administration section) to efficiently implement eligible projects and
activities in order to promote timely project completion by
o Minimizing administrative and process delays
o Seeking projects that have lower development, installation, and maintenance costs
o Allowing flexibility with program implementation (through simple allocation of funds,
efficient project installation actions, and straightforward project completion metrics)
• Provide multiple, flexible and innovative options for funding projects and activities that
include individual jurisdictions, partnerships, or, as needed, consolidation of funds by the
participants
Stage I IAIA Participant Investment Commitments
Funding of Stage I IAIA eligible projects and activities (see next section) is based on minimum
investment levels for each participating jurisdiction as determined cooperatively by the participating
jurisdictions. The funding levels by participant for the IAIA are based on consideration of what
represents a reasonable interim commitment and a willingness to pay.
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To move the IAIA idea forward, Granville County identified $100,000 per year as an investment level
appropriate for their jurisdiction. The UNRBA discussed some alternative levels (higher and lower)
but decided that the Granville County commitment level was a workable basis for assigning
investment commitments. In following the guiding principle on fair and equitable basis for
participation in the IAIA, the UNRBA members examined several commitment-allocation approaches.
These approaches looked at several metrics related to what is a fair commitment and allocation
basis. However, after considerable discussion, the UNRBA recommended and the participants
agreed that the current UNRBA fee structure calculation method (excluding members without ED
requirements) would be sufficient and acceptable for assigning the proportion of annual minimum
investment level for the individual participants in the IAIA using the Granville County offer as the
basis. This calculation methodology weights the distribution 50 percent on water withdrawal in the
watershed, 40 percent on jurisdictional land area draining to the Lake, and 10 percent distributed
equally among each member. Using the Granville County amount of $100,000 as the basis, the
resulting annual total funding level if all local governments in the UNRBA participate would be $1.5
million per year. However, the total annual funding varies depending on how many members
participate.
Table 1 shows how a $1.5 million investment could be assigned to the IAIA participants if all current
UNRBA member jurisdictions with an ED requirement participate. Funding commitments would allow
roll over from year to year if a participant made a large upfront commitment or earmarked funds for
a planned future Capital Improvement Project. It is important to note that this is a “commitment” to
apply this level of jurisdictional financial resources toward appropriate IAIA projects (applied to
single-year or multi-year projects, including funds earmarked for planned future Capital Improvement
Projects). If a jurisdiction already has financial resources going toward IAIA eligible projects, these
funds will “count” toward meeting the identified commitment level. The identified investment
commitments also represent minimum levels. Allocation of financial resources beyond the minimum
levels would be tracked as well and would be considered in developing the revised watershed
management strategy to ensure that all actions to improve water quality are ultimately credited. The
IAIA funding commitments will follow the established budgeting fiscal year (July 1 to the following
June 30).
Table 1. Local Government Financial Commitment Levels for Members that Choose to Participate in
the Stage I ED IAIA
Member Annual Funding Level Member Annual Funding Level
Town of Butner $23,393 Town of Hillsborough $34,221
City of Creedmoor $16,926 Orange County $161,943
City of Durham $337,587 Person County $114,394
Durham County $133,300 City of Raleigh $466,081
Franklin County $19,058 Wake County $88,968
Granville County $100,453 Town of Wake Forest $13,692
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Eligible Activities
The key guiding principle for inclusion of activities and projects in the Program is how a project
benefits water quality and quantity in the watershed and the Lake. As described above, tracking
compliance under the IAIA is based on investment in projects and activities considered eligible under
the Program. The participants worked with DWR, NGOs, and representatives from other regulated
entities to obtain input on the practices and actions considered eligible. All components of
undertaking, completing, and maintaining eligible project or activity may be counted toward the
investment level: planning site preparation, designing, installing, adopting, implementing, and
maintaining a project or activity. The Administration section includes general reporting requirements
for demonstrating a project’s impact on water quality in the watershed and the Lake.
Cost effectiveness in terms of water quality improvement will be a factor in making selection of
projects and activities by each participating member. However, opportunity and other factors will be
considered as well. The participating jurisdiction is responsible for verifying that each project meets
the guidelines provided in this Program Document as well as other applicable rules or laws governing
maintenance, sediment and erosion control, buffers, etc. Expenses associated with site screening
and selection, planning, land acquisition, design, permitting, demolition and removal (e.g.,
impervious surfaces); construction, operation, and maintenance for the following types of projects
are eligible to be counted against the commitment amount. Project funding level in excess of the
commitment amount can be carried forward to the next or future years of this interim program (and
certainly will be identified for credit in the future revised strategy).
The following list identifies the activities/projects eligible for use under the IAIA:
• All State-approved practices with established nutrient credits including stormwater control
measures (SCMs) including retrofits
• Green infrastructure and other best management practices (BMPs) that include water quality
and quantity improvements
• Stream and riparian buffer restoration and enhancement
• Programmatic measures beyond baseline program activities (i.e., levels in 2006) for years
after the start of the IAIA program
o Fertilizer application education of businesses and homeowners
o Onsite wastewater treatment system inspection programs, maintenance tracking,
repair, replacement, and pump-out programs, education of owners regarding proper
maintenance, and training of professionals who inspect and repair onsite systems
o Pet waste pickup education, waste management stations, and enforcement
• Infrastructure improvements including
o Repair and replacement of leaky infrastructure
o Reduction of sanitary sewer overflows
o Extension of sewer lines to areas using onsite systems (targeting areas with known
failure issues) or package plants
• Illicit discharge detection and elimination
• Land conservation in high priority areas (as determined through an appropriate evaluation
resource, i.e., land conservation programs that identify water quality aspects of available
preservation sites)
• Floodplain restoration and reconnection
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• Greenways and parks with water quality and quantity benefits (as documented through the
development plans)
• Projects and activities that focus on flooding that have an associated water quality benefit
• Operation and maintenance costs associated with preserving long-term functionality of
practices implemented under the IAIA
With the exception of projects implemented to comply with new development offsets (i.e., those
required to meet the New Development Rule in the Falls Lake Nutrient Management Strategy),
projects and activities implemented by individual members to address other state and federal water
quality regulations are not excluded from eligibility under the IAIA (i.e., Municipal Separate Storm
Sewer System (MS4) permits/Phase I or II communities, addressing Total Maximum Daily Loads
(TMDLs) on streams, etc.). Project-by-project eligibility will be established based on the applicability
of the effort relative to the guidelines in this Program Document and in consideration of the funding
source. Over-treatment credits associated with new development projects would be eligible under
the IAIA.
Additional activities/projects beyond those listed above are allowed under the IAIA pending approval
by DEQ/DWR. It is the participants’ understanding that the assessment of additional
activities/projects by DEQ/DWR will be based on the general principles and provisions contained in
this Program Document which are aimed at meeting the general criteria of water quality
improvement or protection in the watershed and the Lake. The Program administrator will assist the
jurisdiction in seeing that timely action on the request is provided. Additional approaches can be
approved for the IAIA without having a specific nutrient credit associated with the practice. Any
additional project, practice, or program undertaken must demonstrate that its application has a
positive connection to improving or protecting water quality or managing water quantity in the
watershed or catchment where it is being implemented. Additional activities/projects for which a
local government seeks approval must meet the general criteria identified under the approved
projects/practices section of this document. Approval of eligibility will be coordinated through DWR
and documentation of DWR’s approval must be secured before using the additional practice. The
member(s) proposing an addition to the list of eligible practices, or an individual project or activity,
will coordinate directly with DWR for approval. Member(s) seeking concurrence for an additional
practice should inform the IAIA participants on the status so the other members can be notified and,
following agency approval, the IAIA Program Document can be updated and other members notified.
Additional activity/project types that have general applicability in the watershed will be available to
other participating jurisdictions.
Operation and Maintenance of Projects Implemented Under IAIA
IAIA participants should anticipate and plan for the operation and maintenance of projects that
require these activities to ensure long-term functionality. For projects implemented by an individual
participant, operation and maintenance costs in future years can be counted toward the
jurisdiction’s individual investment level under the program.
For projects that are implemented jointly (through the cooperation of two or more members), long-
term operation and maintenance should be considered in the allocation of investment credits for the
project. One option is for the managing jurisdiction (likely where the project is implemented) to
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accept investments from other “cooperating” jurisdictions for upfront planning, design, and
construction costs. Funds invested each year until the project is fully constructed would be assigned
by amount to each contributor based on their annual investment. Under this option, the managing
jurisdiction would assume responsibility and take full credit for long-term operation and
maintenance. Another option is for the cooperating jurisdictions to contribute to long-term operation
and maintenance and to account for those contributions in future years as IAIA investments. If long-
term contributions from the cooperating jurisdictions are expected, project-specific agreements will
need to be developed between the participating jurisdictions. Given the short duration of the IAIA
Program, the first option may be the simplest to manage.
Provisions for ownership of the practice installation sites or easements should also be addressed
when joint projects are implemented. Generally, ownership or the easement would be held by the
jurisdiction where the project is located. For cases where the easement will be held by another
jurisdiction or a non-member (like a land trust), these provisions will need to be specified in the
project-specific agreements.
Administration
The UNRBA and its members provided support and development for building the concept of the IAIA.
Once the program became defined, the jurisdictions committing to the program developed an
agreement to designate and guide participation which will identify a Program administrator and
include the provisions for administration in the overall ILA. If administration is provided through the
UNRBA, any modification needed to the Association’s Bylaws will be acted on prior to submittal of the
IAIA Program to the EMC and a copy of the modified Bylaws included as an Appendix G. A primary
role of the administrator related to the Stage I IAIA is to assist the members in the establishment of a
workable framework and program. Additional roles of the administrator are to compile progress
reports from IAIA participants, summarize progress from the membership related to joint compliance,
assist participants in clarifying guidance in this document, coordinate participant meetings, provide
support in documenting the results of meetings, actions taken and keeping records of those
sessions, coordinating any needed modification of the participant ILA or program-related
modifications to the Bylaws, assisting with issues that may develop relative to reporting to DWR, and,
as needed, providing support for the use of any funds that are collected for joint projects. The
administrator with input and authorization from other participants may also assist jurisdictions in
developing methods and processes for prioritizing projects and activities that focus on water quality
improvement. The Stage I IAIA does not require that the group receive and manage funds from
members investing in their own projects, or on projects undertaken with other IAIA participants or
other organizations. If the group collects undesignated, pooled funds to meet investment
commitments, the administrator will facilitate discussions and assist in identifying appropriate
projects for use of the pooled funds. It is the responsibility of the participating jurisdictions to
account for and report its individual and joint projects/actions, provide the investment levels made
under the IAIA, and maintain project files for future reference. Project plans and specific information
related to design, installation, operation, and maintenance do not have to be submitted to DEQ but
will be kept on file by the jurisdiction in accordance with its file retention practices.
The IAIA allows four options to demonstrate and manage local government participation in the Stage
I IAIA. Every effort will be made to provide flexibility in the application of each option. Investment
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amounts on an annual basis by project/action will be reported to DEQ with copies provided to the
Program administrator for tracking and summary purposes. The administrator will provide annual
reports to DEQ on total investments or commitments during the previous fiscal year.
Investments may be “cash” or in-kind (e.g., self-funded projects, donation of technical-service hours,
or use of equipment). Individual members will provide annual reports to DEQ that identify the project
generally and the investment amount (for multi-year activities/projects, the participating member will
show a total investment and note the projected investment for the coming years). On the basis of
these reports, the Program administrator will provide a summary report to DWR and the membership
on total participation and total investment.
An individual IAIA participant is not limited to one of the four available options, but rather may
allocate resources using one or more of the funding options:
• Self-funded – An individual participant may use funds for eligible projects and activities
within and managed by their own jurisdiction.
• Interlocal agreement – Individual participants may enter into interlocal agreements in which
eligible projects and activities are jointly funded by two or more jurisdictions.
• Funding existing local organizations - Individual participants may contribute funds towards
eligible projects or activities to other local organizations including local Soil and Water
Conservation Districts, County Health Departments, School Districts, watershed
improvement associations, land conservation groups, and UNRBA members that do not
have ED requirements that may implement projects to improve water quality. The receiving
local organization is responsible for prioritizing and selecting from the list of eligible projects
and activities under their established procedures for setting priority. Use of funds by other
local organizations is limited to projects and activities associated with water quality and
watershed improvement benefits. A separate agreement may be required to specify use of
funds through other local organizations.
• Contribution to a pool of program funds – individual participants may contribute to a joint
funding pool to fund eligible projects and activities. The participating jurisdictions
contributing to the pool may expend these funds through existing local organizations (see
examples listed in bullet above), a mitigation bank, contractor, etc. The Program
administrator will coordinate with the contributing members to identify projects with other
participating jurisdictions. Priority will be placed on identifying joint projects with Program
participants to use these pooled funds. Contributors to the pooled funds would have to
approve the use of these funds for a joint project. Any joint project identified for the use of
these funds would follow the provisions for this type of project outlined in this documen t.
The interlocal agreement will address use of pooled funds. The contributing jurisdictions
would select projects and activities to fund through a joint selection process for use of the
pool of funds.
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Regardless of the type of funding arrangement used to demonstrate participation under the Stage I
IAIA, each local government participating in the program will need to report, in accordance with this
Program Document, the following types of information depending on the funding option utilized (i.e.,
as information is available):
• Funding option and partners
• Primary organization responsible for management and distribution of funds
• Types and locations of projects and activities planned and linkage to addressing water
quality in the watershed and the Lake
• Status of projects and activities (e.g., permitting, construction)
• Funds allocated (cash and in-kind)
• Estimated nitrogen and phosphorus reductions associated with projects and activities if
quantifiable, or other tracking metric, based on the information available for the
action/project, for activities without State-approved nutrient credits (e.g., acres conserved,
linear feet of pipe repaired)
• Anticipated timeline for completion
Duration
(This is a tentative description ahead of DWR/EMC finalizing the Model Program and jurisdictions
being ready to undertake the program)
Duration of this IAIA will depend on the approval of the Model Program by the EMC. The Stage I IAIA
may be able to begin in fiscal year 2022 budgeting cycle (July 2021 to June 2022) and continue until
a revised nutrient management strategy is approved and implemented. However, the actual
implementation date will depend on the administrative procedures required to establish the IAIA
Program under the revised Falls Lake Existing Development Model Program to be developed by DWR.
It is recommended that IAIA participants develop a local plan for implementation under this Program
starting at least six months prior to the Program start date to ensure there is no lag in
implementation.
UNRBA members can become IAIA participants by entering into an Interlocal Agreement (ILA) and/or
under any needed modifications to the UNRBA Bylaws for the duration of the program). The annual
dues will be set by the IAIA participants and membership will continue unless a member uses the
provisions of the agreement to withdraw. Members that cease participation prior to the
Minimum investment amounts would be allocated and used under the
four general funding options that Stage I ED IAIA participants may use
to satisfy their minimum investment commitment.
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implementation of the revised Falls Lake strategy will be required to comply with the requirements
for individual jurisdictions under the original Falls Lake Rules including negotiation of Stage I ED
nutrient load reduction requirements, development of a Local Program, and identification and
tracking of nutrient reductions through the implementation of State-approved practices for nutrient
reduction. The ED Model Program describes this process and requirements.
The total duration of the IAIA Program depends on the timeline for the adoption and implementation
of the revised nutrient management strategy/readoption of the Falls Lake Rules. The adoption of
the revised nutrient management strategy must be achieved in accordance with Session Law 2018-5
which specifies that the EMC must begin rule re-adoption no later than December 31, 2024 (see
excerpt from Session Law 2018-5 provided in Appendix C).
It is essential to the viability of the IAIA that previous and ongoing nutrient reduction activities and
projects, including those implemented prior to and under a Stage I IAIA, are credited as
actions/investments/reductions specified in whatever newly developed management strategy is
finally adopted (as developed through the re-examination of Stage II). As noted previously in this
document, the UNRBA and its members will work to make sure that projects and activities
implemented during the IAIA period will be included for credit in the readopted Falls Lake Nutrient
Management Strategy.
Participation is based on agreement to make an initial 5-year investment commitment, specified by
jurisdiction, for projects determined to be eligible for credit in reduction of existing development
loading as described in the IAIA Program Document.
• A five-year timeframe for commitment is established to minimize overall administrative
burden for initiation of the program
• Commitments are assigned annually based on the UNRBA’s dues formula utilizing a
$100,000 per year commitment from Granville County for the initial IAIA commitment. IAIA
participants may revise the annual commitment by majority vote without dissent of the
participating members.
• Total program commitment is the sum of each participating jurisdiction’s commitment.
Jurisdictions are responsible for their assigned annual commitment, and if financial
resources are made in excess of the annual commitment, the excess will be credited against
the jurisdiction’s entire five-year commitment.
• Each jurisdiction can choose from several options to expend funds (e.g., individual projects,
joint projects, funding eligible projects through organizations like local soil and water
districts, school systems and county health departments)
• Jurisdictions can change which funding options they utilize from year to year.
• Investment-based credits generated from multi-jurisdictions projects shall be credited to the
jurisdictions based on contribution levels and accounting for long-term operation and
maintenance costs, unless the project contract provides otherwise for allocation of credits.
• Each jurisdiction has the option to withdraw at the end of any fiscal year included in the five-
year commitment period
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Compliance Determination
As stated clearly within the Model Program and in this Program Document, Stage I IAIA compliance,
and thus compliance with the Stage I ED Rule, is determined based on the IAIA participants meeting
and reporting on the annual investment level determined by the participating members provided in
this Program Document.
The IAIA is a group or joint compliance effort, but compliance under this program to meet Stage I
Existing Development (Stage I ED) should be assessed individually for each participating jurisdiction.
This Program Document was developed with this understanding and with the following basic
provisions of compliance:
• Each jurisdiction must document and track investments and eligibility of expenditures
• Point source credits belong to the jurisdiction that owns the utility that created them, unless
the credits are sold or leased to another jurisdiction by the generating jurisdiction.
• A jurisdiction’s adherence to the provisions of the IAIA represents compliance with the Stage
I ED Rule.
If a participant drops out during a year,
• Reentry to the program is not allowed.
• The jurisdiction must notify the other participating jurisdictions and DWR before the end of
the current fiscal year
• The withdrawing jurisdiction must contact DEQ-DWR to notify the Department-Division of its
decision to withdraw from the IAIA
• The jurisdiction must complete its full commitment through the fiscal year of its withdrawal
with no implementation lag under the individual local program
• The withdrawing jurisdiction will be required to develop, under the Model Program and
direction of DWR, a local program for individual compliance under the Rule and submit it for
approval by DWR and the Environmental Management Commission.
o The group as a whole is not out of compliance if a member drops out.
o The ongoing participation in joint projects that are multi-year agreements may have
to continue with their participation, subject to the agreement reached for the joint
project, even if the participant withdraws from the IAIA.
• The total investment level will change in the following fiscal year by the amount of the
commitment assigned to the leaving jurisdiction being removed from the total and the initial
commitment level of the remaining participants will not change in future years remaining on
the current commitment due to a participant’s withdrawal.
• The IAIA agreement, or project-specific contract, will address the implications of a participant
withdrawing and how that may impact any particular project commitment that was directed
to be completed in future years
• When a project is located in a jurisdiction that withdraws from the IAIA, the contract with
other jurisdictions will establish how the jurisdictions will assign the credits from the project
in future years. or have redress for loss of the credits from the project in future years.
The location of projects implemented under the IAIA (i.e., upper or lower watershed as specified in
the Falls Lake Rules) does not apply to Stage I Existing Development and therefore does not apply to
the IAIA Program. In other words, projects can be implemented anywhere in the watershed through
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this program. Additionally, the provisions of 15A NCAC 02B .0703 Nutrient Offset Credit Trading do
not apply to ED and therefore do not apply to the IAIA.
Demonstration of compliance with Sub-Items (4)(a) or (b) of Rule .0278 can be accomplished with a
brief description of relevant programs or activities being implemented (e.g., heightened permitting or
land use requirements, education programs, recurring program expenditures) by the applicable
jurisdictions and are considered eligible practices under the IAIA. This information will be provided
by the participant in their annual report provided to DWR.
IAIA participants should ensure that all local, state, and federal requirements under their
jurisdictional control are met. These include but are not limited to water supply watershed
protection, buffer rules, MS4 permits, and sediment and erosion control requirements. In
determining whether to be the host jurisdiction (where the project would be located) for an IAIA SCM
project, the host jurisdiction should be alert to the requirements of other permit programs and
determine, in consultation with the Division of Energy, Mineral, and Land Resources, if the SCM will
become a part of their MS4 inventory of local government owned facilities.
Implementation Considerations and Ongoing IAIA Program
Evaluation Components
The participants in this program developed this IAIA Program with input from the UNRBA PFC and the
UNRBA Board as well as input from external stakeholders, including staff from DWR and
representatives from agriculture and NGOs. These discussions identified several program
components to guide implementation of the IAIA. The feedback provided in these discussions have
acknowledged and supported the overall goals of the IAIA and the use of the IAIA as a pilot for a
future revised strategy developed through the reexamination process. Given the goals of the
program, the collaborative participation of the internal and external stakeholders, and the
opportunity to accumulate experience and lessons learned for consideration ahead of completing
the re-examination and developing an updated strategy, many of the program components are
designed to promote flexible implementation.
One of the funding options under the IAIA involves cooperation with entities that are outside of the
membership of the IAIA Program. If investments are used to contribute to a local organization such
as a soil and water conservation district, it is the responsibility of the IAIA participant and the local
organization to ensure that written agreements are in place that describe how the funds may be
used (e.g., for specific projects and activities that result in improvements to water quality. If funding
is related to agricultural projects, then issues regarding credit sharing must be negotiated with the
farmer/landowner in coordination with the Falls Lake Watershed Oversight Committee and included
in the written agreement with the local organization. However, it is anticipated that most
investments made through the IAIA will go toward projects related to ED, stream restoration, etc. that
will not directly relate to agriculture.
Each of the discussions on the program components has noted that actual implementation of the
IAIA will provide operational experience. The IAIA participants and external stakeholders will meet
periodically to discuss progress and evaluate how the program is working. The IAIA program allows
flexibility so the general components of the IAIA can be revised during implementation as needed (for
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example, the initial Program does not constrain the amount of investment in a particular type of
activity). The IAIA implementation experience may help guide the development of the revised Lake
strategy.
Templates for Interlocal Agreements (ILA)
Participation in the IAIA Program is confirmed by an agreement between participating jurisdictions
(Appendix F). This agreement provides approval of this Program Document and confirms
participation in the Program. The agreement also lays a foundation for the efficient operation of the
program. The IAIA participants have also developed a draft template (Appendix D.1) that local
governments can use or modify to support funding projects through joint partnership with other local
government programs or those requiring project-specific provisions. Internal note: the
agreement/administrative approach is under development.
Templates for Contracts with Non-Member Organizations
Contracts are required for formal agreements between local governments and other types of
organizations. Appendix D.2 will include a template contract for these types of projects. Internal
note: the agreement/administrative approach is under development.
Template for Reporting
To ensure consistent levels of reporting and to streamline development of summary reports by the
UNRBA, a reporting template is provided (Appendix E). Internal note: the reporting template will be
developed in consultation with DWR and is under development.
Authorization and Commitment to Participate by Individual Local
Governments
Appendix F includes the executed agreement for the IAIA participants choosing to participate in the
Program. Revisions to the UNRBA’s Bylaws are noted in Appendix G.
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Appendix A. Falls Lake Model Program
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Insert when finalized by DWR.
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Appendix B. Session Law 2016-94, Section 14.13
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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
SESSION LAW 2016-94
HOUSE BILL 1030
SECTION 14.13
DEVELOPMENT OF NEW COMPREHENSIVE NUTRIENT MANAGEMENT
REGULATORY FRAMEWORK
SECTION 14.13.(a) The General Assembly finds all of the following:
(1) It is necessary for the State to have a comprehensive management
strategy to protect and improve water quality.
(2) Over the last 20 years, comprehensive watershed nutrient
management strategies and buffer rules have been implemented
in several river basins and watersheds in North Carolina where surface
water quality has been impaired by excess nutrients.
(3) It is in the interest of the State to review the costs and benefits of
existing nutrient management strategies and determine whether those
nutrient management strategies should be modified in order to
maintain and improve water quality in nutrient sensitive waters.
(4) The State should revise nutrient strategies to maintain proven
measures already shown to be effective; incorporate new technological
and management innovations; recognize investments in water quality
already implemented by stakeholders; and share costs on an equitable
basis.
SECTION 14.13.(b) Subsections (a) and (c) of Section 14.5 of S.L. 2015-241
are repealed and the Department shall terminate the demonstration project authorized
by that section. Any funds allocated under subsection (a) of Section 14.5 of S.L.
2015-241 that are unspent and unencumbered on the effective date of this act shall
revert to the Clean Water Management Trust Fund.
SECTION 14.13.(c) Of the funds appropriated to the Board of Governors of
The University of North Carolina, the sum of five hundred thousand dollars ($500,000)
for each of the fiscal years from 2016-2017 through 2021-2022 is allocated to the Chief
Sustainability Officer at the University of North Carolina at Chapel Hill to designate an
entity to oversee a continuing study and analysis of nutrient management strategies
(including in situ strategies) and compilation of existing water quality data specifically
in the context of Jordan Lake and Falls Lake. As part of this study, the entity shall (i)
review data collected by the Department of Environmental Quality and by other
stakeholders from water sampling in areas subject to the Falls Lake or Jordan Lake
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Water Supply Nutrient Strategies and compare trends in water quality to the
implementation of the various elements of each of the Strategies and (ii) examine the
costs and benefits of basinwide nutrient strategies in other states and the impact (or lack
of impact) those strategies have had on water quality. The entity shall report to the
Environmental Review Commission, the Environmental Management Commission,
and the Department of Environmental Quality as set forth below:
(1) With respect to Jordan Lake, the final results of its study
and recommendations for further action (including any statutory or
regulatory changes necessary to implement the recommendations) no
later than December 31, 2018, with interim updates no later than
December 31, 2016, and December 31, 2017.
(2) With respect to Falls Lake, the final results of its study
and recommendations for further action (including any statutory or
regulatory changes necessary to implement the recommendations) no
later than December 31, 2021, with interim updates no later than
December 31, 2019, and December 31, 2020.
No indirect or facilities and administrative costs shall be charged by the
University against the funds allocated by this section. The Department of
Environmental Quality shall provide all necessary data and staff assistance as requested
by the entity for the duration of the study required by this subsection. The Department
shall also designate from existing positions an employee to serve as liaison between the
Department and the entity to facilitate communication and handle data requests for the
duration of the project.
SECTION 14.13.(d) As part of the periodic review and readoption of rules
required by G.S. 150B-21.3A, the Environmental Management Commission shall,
based on the study required by subsection (c) of this section and any monitoring or
modeling study conducted pursuant to existing regulations as defined in this s ection,
review the following Nutrient Strategies:
(1) The Falls Water Supply Nutrient Strategy, 15A NCAC 2B .0275
through .0282 and .0315.
(2) The Jordan Lake Water Supply Nutrient Strategy, 15A NCAC 2B
.0263 through .0273 and .0311.
(3) Any changes to these regulations imposed by acts of the General
Assembly.
The schedule set forth in this subsection shall modify the review and
readoption schedule set by the Rules Review Commission under G.S. 150B-21.3A to
the extent the schedules conflict. No later than December 31, 2016, the Department of
Environmental Quality shall report to the Environmental Review Commission a list of
any other rules and any acts of the General Assembly changing the rules identified in
this subsection, and the Environmental Management Commission's review shall include
the rules identified in this section and in that report. As part of its rule review process,
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the Environmental Management Commission shall (i) hold public hearings in the
upstream and downstream portions of the Falls Lake and Jordan Lake river basins and
subbasins and (ii) no later than December 31, 2016, convene a stakeholder working
group that represents all classes of users and all geographic parts of the impacted river
basins and subbasins and that will provide input to the Environmental Management
Commission regarding the revision to the Nutrient Strategies. The Environmental
Management Commission shall issue recommendations for revisions of the Nutrient
Strategies based on its review and begin rule readoption required by G.S. 150B-21.3A
no later than March 15, 2019. For purposes of the G.S. 150B-21.3A readoption process,
the Nutrient Strategies shall be considered "necessary with substantive public interest."
SECTION 14.13.(e) The Department of Environmental Quality shall study
alternative technologies for in situ approaches to nutrient management in Falls Lake
and Jordan Lake. In its study, the Department shall consider in situ treatments, including
algaecide and phosphorus-locking technologies, that have been certified by the United
States Environmental Protection Agency for use in drinking water sources. Of the funds
appropriated in this act to the Department of Environmental Quality, the sum of one
million three hundred thousand dollars ($1,300,000) for the 2016-2017 fiscal year may
be used to implement a trial of these technologies. If the Department decides to
implement a trial, it shall enter into a contract for the trial by December 31, 2016. Any
contract entered into under this subsection shall not be subject to Article 3 or Article 8
of Chapter 143 of the General Statutes. The study shall determine whether these
treatments would provide improvements in water quality and whether the
improvements would be more cost-effective than more conventional nutrient mitigation
strategies. The Department shall submit an interim report no later than March 1, 2017,
and a final report no later than March 1, 2018, to the Environmental Review
Commission, the Joint Legislative Oversight Committee on Agriculture and Natural
and Economic Resources, and the Fiscal Research Division. If the Department finds
these strategies to be effective, it shall incorporate them into the Nutrient Strategies
readoption required by subsection (d) of this section. Funds allocated by this subsection
shall remain available until the conclusion of the study, and any funds unused at that
time shall revert to the General Fund.
SECTION 14.13.(f) Impervious surface added in a city or county within the
Jordan Lake watershed after July 26, 2013, and prior to December 31, 2020, shall,
notwithstanding any other provision of law or associated regulations adopted by the
Environmental Management Commission, not be counted as built-upon area for
purposes of a city's or county's calculation of nutr ient loading targets under a
Development Stormwater Rule. Pursuant to G.S. 153A-145.6 and G.S. 160A-205.1,
cities and counties shall not enforce Development Stormwater Rules through any
ordinance, code, standard, committed element, condition, or contractual obligation
imposed by, agreed upon, or accepted by a county or city. For purposes of this
subdivision, "Development Stormwater Rule" shall mean 15A NCAC 2B .0265
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(Stormwater Management for New Development) and 15A NCAC 2B .0266
(Stormwater Management for Existing Development), or equivalent or more stringent
ordinance, code, standard, or committed element related to nutrient -loading targets in
the Jordan Lake watershed.
SECTION 14.13.(g) The Department of Environmental Quality shall study
the following issues related to nutrient impact fees and other water quality impact
mitigation programs in Jordan Lake and Falls Lake:
(1) The impact, costs, and benefits of setting nutrient offset fees on a
subbasin- or area-specific basis, together with an estimate of the
subbasin-specific nutrient offset fees for each subbasin in the Jordan
Lake and Falls Lake watersheds or area draining to a particular arm of
Jordan Lake or Falls Lake.
(2) Watersheds and river basins or subbasins where private providers o f
mitigation services are adequately serving existing and projected
demand over the next five years, and whether (i) the continuing
provision of mitigation services by the State in those areas is necessary
and (ii) statutory authority to provide mitigation services in those areas
should be totally or partially repealed.
The Department shall report no later than December 1, 2016, to the
Environmental Review Commission, the Joint Legislative Oversight Committee on
Agriculture and Natural and Economic Resources, and the Fiscal Research Division
regarding the results and recommendations from its study and any suggested legislation
necessary to implement the recommendations.
SECTION 14.13.(h) The rules described below shall not take effect and are
subject to the review and readoption required by subsection (d) of this section:
(1) With respect to the Jordan Lake rules, as defined by subdivisions (2)
and (3) of subsection (d) of this section, any rules with effective dates
between the effective date of this act and October 15, 2019.
(2) With respect to the Falls Lake rules, as defined by subdivisions (1)
and (3) of subsection (d) of this section, any rules with effective dates
between the effective date of this act and October 15, 2022.
SECTION 14.13.(i) Stormwater treatment practices that have been
approved by the Chesapeake Bay Commission for TMDL compliance in the
Chesapeake Bay watershed shall be allowed for TMDL compliance in the Jordan Lake
and Falls Lake watersheds at the same pollutant removal efficiency value established
for each such practice for the Chesapeake Bay watershed. The Department shall report
no later than December 1, 2016, to the Environmental Review Commission, the Joint
Legislative Oversight Committee on Agriculture and Natural and Economic Resources,
and the Fiscal Research Division on the need and desirability of establishing
State-specific pollutant removal efficiency values for the stormwater treatment
practices allowed by this subsection. If the Department decides to establis h
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State-specific values, it shall incorporate those values into the Nutrient Strategies
readoption required by subsection (d) of this section.
SECTION 14.13.(j) Subsection (b) of this section becomes effective on the
earlier of July 1, 2016, or the date of termination of a contract related to in situ water
quality remediation strategies that was previously extended pursuant to Section 14.5 of
S.L. 2015-241.
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Appendix C. Session Law 2018-5, Section 13.8
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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2018-5
SENATE BILL 99
SECTION 13.8
NUTRIENT MANAGEMENT REGULATORY FRAMEWORK REVISIONS
SECTION 13.8.(a) Subdivisions (1) and (2) of Section 14.13(c) of S.L.
2016-94 read as rewritten:
"(1) With respect to Jordan Lake, the final results of its study
and recommendations for further action (including any statutory or
regulatory changes necessary to implement the recommendations) no
later than December 31, 2018,2019, with interim updates no later than
December 31, 2016, and December 31, 2017.2017, and December 31,
2018.
(2) With respect to Falls Lake, the final results of its study and
recommendations for further action (including any sta tutory or
regulatory changes necessary to implement the recommendations) no
later than December 31, 2021, 2023, with interim updates no later than
December 31, 2019, and December 31, 2020.2021."
SECTION 13.8.(b) Section 14.13(d) of S.L. 2016-94 reads as rewritten:
"SECTION 14.13.(d) As part of the periodic review and readoption of rules
required by G.S. 150B-21.3A, the Environmental Management Commission shall,
based on the study required by subsection (c) of this section and any monitoring or
modeling study conducted pursuant to existing regulations as defined in this section,
review the following Nutrient Strategies:
(1) The Falls Water Supply Nutrient Strategy, 15A NCAC 2B .0275
through .0282 and .0315.
(2) The Jordan Lake Water Supply Nutrient Strategy, 15A NCAC 2B
.0263 through .0273 and .0311.
(3) Any changes to these regulations imposed by acts of the General
Assembly.
The schedule set forth in this subsection shall modify the review and readop tion
schedule set by the Rules Review Commission under G.S. 150B-21.3A to the extent the
schedules conflict. No later than December 31, 2016, the Department of Environmental
Quality shall report to the Environmental Review Commission a list of any other ru les
and any acts of the General Assembly changing the rules identified in this subsection,
and the Environmental Management Commission's review shall include the rules
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identified in this section and in that report. As part of its rule review process, the
Environmental Management Commission shall (i) hold public hearings in the upstream
and downstream portions of the Falls Lake and Jordan Lake river basins and subbasins
and (ii) no later than December 31, 2016, convene a stakeholder working group that
represents all classes of users and all geographic parts of the impacted river basins and
subbasins and that will provide input to the Environmental Management Commission
regarding the revision to the Nutrient Strategies. The Environmental Management
Commission shall issue recommendations for revisions of the Nutrient Strategies based
on its review and begin rule readoption required by G.S. 150B-21.3A no later than
March 15, 2019. begin rule readoption for the Jordan Lake Water Supply Nutrient
Strategy on the earlier of the following: (i) upon receipt of the completed study and
final recommendations prepared in response to subsection (c) of this section and any
monitoring or modeling study conducted pursuant to existing regulations for nutrient
management in Jordan Lake or (ii) December 31, 2020. The Environmental
Management Commission shall begin rule readoption for the Falls Water Supply
Nutrient Strategy on the earlier of the following: (i) upon receipt of the completed study
and final recommendations prepared in response to subsection (c) of this section and
any monitoring or modeling study conducted pursuant to existing regulations for
nutrient management in Falls Lake or (ii) December 31, 2024. For purposes of the
G.S. 150B-21.3A readoption process, the Nutrient Strategies shall be considered
"necessary with substantive public interest."
SECTION 13.8.(c) Section 14.13(h) of S.L. 2016-94 reads as rewritten:
"SECTION 14.13.(h) The rules described below shall not take effect and are subject
to the review and readoption required by subsection (d) of this section:
(1) With respect to the Jordan Lake rules, as defined by subdivisions (2)
and (3) of subsection (d) of this section, any rules with effective
dates between the effective date of this act and October 15, 2019.after
July 1, 2016. Rules delayed under this subdivision will have the
effective date specified in the rules as readopted under subsection (d)
of this section.
(2) With respect to the Falls Lake rules, as defined by subdivisions (1)
and (3) of subsection (d) of this section, any rules with effective dates
between the effective date of this act and October 15, 2022.2022,
provided that provisions of the Falls Lake rules which establish Stage
I reduction actions and goals shall remain in effect until the Falls Lake
rules, as modified under subsection (d) of this section, become
effective. The due dates for reduction actions and goals set to be
completed by December 31, 2020, and the reduction actions and goals
identified as Stage II in the Falls Lake rules are delayed until the Falls
Lake rules, as modified under subsection (d) of this section, become
effective."
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SECTION 13.8.(d) Notwithstanding Section 27.5 of S.L. 2016-94, as
amended by Section 10.4 of S.L. 2017-57, the North Carolina Policy Collaboratory is
authorized to use for the purposes set forth in this subsection no more than one million
dollars ($1,000,000) for the 2018-2019 fiscal year of the funds appropriated for the
2016-2017 fiscal year to the Office of State Budget and Management , Special
Appropriations, and allocated to the Board of Trustees of the University of North
Carolina at Chapel Hill for use as matching funds by the Collaboratory.
Notwithstanding Section 27.5 of S.L. 2016-94, as amended by Section 10.4 of S.L.
2017-57, no match is required for funds reallocated by this subsection.
The Collaboratory shall use these funds to create an updated quantitative
model of Jordan Lake and the Haw River subbasin of the Cape Fear River based on the
nutrient management study funded by Section 14.13(c) of S.L. 2016-94. The funds may
also be utilized for personnel costs, data acquisition, and software licensing related to
the model update project funded by this subsection, but the University of North Carolina
at Chapel Hill shall not charge for overhead costs against the funds reallocated by this
subsection. Funds reallocated by this subsection shall not revert but shall continue to be
available to the Collaboratory for the purposes described in this subsection.
SECTION 13.8.(e) In the report required by Section 14.13(c) of S.L.
2016-94, as amended by subsection (a) of this section, the Collaboratory shall present
the results of the model authorized by subsection (d) of this section, along with (i)
recommendations for revisions or additions to the Jordan Lake Water Supply Nutrient
Strategy and (ii) identification and analysis of issues and areas identified by its study
and model where no scientific consensus exists or where data is unavailable or
incomplete.
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Appendix D. Template for Interlocal Agreement (ILA)
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Under development.
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Appendix E. Template for Reporting
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Under development.
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Appendix F. Signed Interlocal Agreement for Participation in the
IAIA
Draft Program Document: Stage I Interim Alternative Implementation Approach
Draft for Board of Directors Review Distributed September 9, 2020 F-2
Under development
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 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:
Orange County Long-term Recovery Planning Effort
Attachment(s):
1. Briefing memo
2. Presentation slides
Brief Summary:
The town is working with Orange County and Chapel Hill and Carrboro to create a long-term recovery plan to address
the impacts of COVID on the community. Hagerty Consulting has been working with different recovery aspects and
assembling teams of local experts and the community. The consulting team is meeting with elected boards this week
to provide an update, share the draft recovery and transformation goals.
Action Requested:
Receive presentation, discuss, and provide feedback
ISSUE OVERVIEW
Background Information & Issue Summary:
About seven town staff members are participating in this county-wide effort. The team is making every effort to look at
recovery through a racial equity lens.
Financial Impacts:
The town used a portion of the round one CRF funds to support this effort.
Staff Recommendations/Comments:
MEMO
To: Orange County Elected Officials
From: Recovery and Transformation Planning Support Team (Hagerty Consulting, Inc.)
Date: October 23, 2020
Re: Recovery and Transformation Planning Status Update
In early November, the Recovery and Transformation Planning Support Team (Hagerty
Consulting, Inc.) will conduct a series of briefings for the elected officials of and within Orange
County. This memo provides and overview of what the Planning Support Team will cover in
upcoming briefings.
The Long-Term Recovery Project is intended to help Orange County navigate long-term recovery
from the Coronavirus Disease 2019 (COVID-19) pandemic through the identification of
community needs, establishment of recovery goals and initiatives, and promoting cost recovery
best practices among county, municipal, and non-profit organizations.
Since the project kicked off in July, the Planning Support Team has completed several project
milestones to help achieve recovery goals and objectives, including:
• Visioning Workshop on September 17, 2020;
• Community Values Survey closed on September 11, 2020;
• Recovery Website Launch on September 16, 2020;
• Finalization of the COVID-19 Impact Assessment on September 18, 2020;
• Recovery Support Function (RSF) Focus Group Meetings concluded October 16, 2020.
Through the collection and aggregation of independent research (COVID-19 Impact Assessment),
input from recovery stakeholders (Visioning Workshop, Recovery Support Function Focus
Groups), and a public-facing survey (Community Values Survey), five preliminary goals have been
identified for the Recovery and Transformation Plan:
• Address fundamental needs of all residents;
• Create safe, stable, and affordable housing solutions;
• Promote a dynamic, equitable, and sustainable economic recovery;
• Streamline access to community-based resources; and
• Combat the negative effects of social distancing.
Upcoming planning activities include conducting a Cost Recovery Training for recovery
stakeholders; engaging with Black, Indigenous, and people of color (BIPOC) community leaders
to support plan development/refinement; prioritizing recovery initiatives; and developing the
Recovery and Transformation Plan Framework. These activities will be discussed in greater detail
during upcoming briefings. We hope that this briefing will provide you the opportunity to
comment on these activities and empower you to champion the planning process and associated
outcomes across the county.
Urgent questions can be directed to ocncrecovery@hagertyconsulting.com, and more
information is available online at www.orangencforward.org.
11/2/2020
1
Orange County
Recovery and Transformation Planning Project
November 2020
Agenda
Project Overview
Planning Status Update
Upcoming Recovery Activities
1
2
11/2/2020
2
Impact Assessment
•Provide Orange County with
a broad picture of the
impact of COVID-19 on
economy, community
health, housing, and social
services.
Recovery and
Transformation Plan
•Describe goals, initiatives,
and tactics to achieve
community-informed recovery outcomes.
Cost Recovery Training
•Provide training to county,
municipal, and non-profit
recovery stakeholders to
assist in the financial
recovery of COVID-19
response and recovery
expenditures.
Project Intent and Deliverables
The Orange County Recovery and Transformation Planning Project is intended to help
Orange County and its municipalities navigate recovery from the COVID-19 pandemic.
3 | Elected Officials Briefing
Orange County Recovery Support
Functions
4 | Elected Officials Briefing
Long-Term
Recovery
Group
RSF 1: Economic
RSF 2: Health
RSF 3: Human Services
RSF 4: Housing
RSF 5: Natural and Cultural Resources
RSF 6: Community Planning and Capacity Building
RSF 7: Intergovernmental Affairs and Public Information Officers
Individuals and organizations participating in the planning effort are broken into Recovery Support
Functions (RSFs) based on field and expertise. Over 30 different public or non-profit organizations
participate in planning activities.
3
4
11/2/2020
3
Agenda
Project Overview
Planning Status Update
Upcoming Recovery Activities
Project Phases
Describeand
quantify the
impacts of
COVID-19.
Create adiverse
stakeholder
group to design
goals and
initiatives
addressing the
impacts of
COVID-19.
Record
countywide
goals and
projects in the
Recovery and
Transformation
Plan.
Implementthe
plan and
monitor
community
needs.
Phase 1 Phase 2 Phase 3 (Phase 4)
6 | Elected Officials Briefing
5
6
11/2/2020
4
Recovery Activity Update
7 | Elected Officials Briefing
Key Findings: Community Values Survey
From August 31 to September 11, 2020, the Long-Term Recovery Group conducted a community survey
to gather community input on recovery initiatives and priorities. The survey collected 1,535 responses
from community members.
The graphics below summarizes the top values of the Orange County community. Other values include
environmental stewardship, diversity/inclusion/accessibility, communication and engagement,
responsible spending, and safety.
Priority Issues Community Values
0% 10% 20% 30% 40% 50% 60% 70%
Housingaffordability
Other (please specify)
Climatechange
Incomeinequality
Broadband internetavailability
Education/Achievementgap
Healthcareaccess
Racialinjustice
0% 10%20%30%40%50%60% 70%80%
8 | Elected Officials Briefing
Fairness, social equity, and justice
Transparency
Competency
Leadership
Efficiency
Other (please specify)
7
8
11/2/2020
5
Website Launch
orangeNCforward.org
9 | Elected Officials Briefing
On September 16, 2020, the Orange County Recovery Planning Website was launched to centralize
recovery efforts and actions taken by the group.
The website includes an “About” page detailing the Long-Term Recovery Group’s purpose and identified
Recovery Support Functions. Additionally, the website houses meeting materials, planning documents,
project timeline, and a contact submission box for community inquiries or concerns.
Key Findings: Impact Assessment
10 | Elected Officials Briefing
•Black and Latinx communities are contracting COVID-19 at notably disproportionate rates in Orange
County, mirroring a similar trend across the United States.
•Most individuals who contract COVID-19 are under 49 years old and many are under 30, indicating
high infection rates in younger adult populations within Orange County.
•Job loss was five percent lower in Orange County than the national average. The industry breakdown of
Orange County, with roughly 23.1% of jobs being those in the educational services sector and 16.2% in
the healthcare and social assistance sector, may have created stability for the County but statistically
camouflage the impact of unemployment in other sectors.
•Between January and July 2020, the Orange County Emergency Housing Assistance Fund helped
divert 365 households from eviction and/or homelessness, compared to 26 households in 2019
(1000%+ increase).
•Moving to an online learning environment has been challenging for many families in Orange County. In
2018, Orange County cited 5,000 households in rural areas that are underserved by broadband
internet.
9
10
11/2/2020
6
The Planning Support Team identified five preliminary (draft) recovery goals for Orange County through
the Community Values Survey, recovery stakeholder input, and community needs exposed through the
COVID-19 Impact Assessment.
Long-Term Recovery and Transformation Goals
•Address fundamental needs of all residents;
•Create safe, stable, and affordable housing solutions;
•Promote a dynamic, equitable, and sustainable economic recovery;
•Streamline access to community-based resources; and
•Combat the negative effects of social distancing.
11 | Elected Officials Briefing
Recovery and Transformation Goals
Agenda
Project Overview
Planning Status Update
Upcoming Recovery Activities
11
12
11/2/2020
7
Upcoming Recovery Activities
13 | Elected OfficialsBriefing
Engage BIPOC Community
Leaders
•Work with the Department of Human
Rights and Relations to engage BIPOC
community leaders to validate and
help design the Recovery and
Transformation Plan.
Recovery and Transformation Plan
•Continue to refine initiatives and
strategies based on community and
stakeholder input, to inform the
Recovery and Transformation Plan.
Thank You!
Kayla Slater
Project Manager
Michael Levkowitz
Deputy Project Manager
orangeNCforward.org
13
14
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Administration
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: Sarah Kimrey, Interim Town Clerk
ITEM TO BE CONSIDERED
Subject:
Minutes
Attachment(s):
1. Regular meeting Oct. 12, 2020
2. Work session Oct. 26, 2020
Brief Summary:
None
Action Requested:
Approve minutes of the Board of Commissioners regular meeting Oct. 12, 2020 and the Board of Commissioners
work session Oct. 26, 2020.
ISSUE OVERVIEW
Background Information & Issue Summary:
None
Financial Impacts:
None
Staff Recommendations/Comments:
Approve minutes as presented.
Minutes
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
DRAFT
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
DRAFT
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
DRAFT
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
DRAFT
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
DRAFT
Minutes
Board of Commissioners Work Session (Remote)
7 p.m. Oct. 26, 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, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret
Hauth, Town Attorney Bob Hornik, Interim Town Clerk/Human Resources Technician Sarah
Kimrey, and Town Manager Eric Peterson
Opening of the workshop
Mayor Jenn Weaver opened the work session at 7 p.m. and confirmed the presence of a quorum.
1.Public Charge
Weaver did not read the public charge.
2.Agenda changes and approval
Commissioner Matt Hughes requested that items 5B and 5C be pulled from the consent agenda for discussion.
The items were added as items 6D and 6E on the regular agenda.
Motion: Commissioner Kathleen Ferguson moved to approve the agenda as amended. Hughes seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Mark Bell, Robb English,
Ferguson, Hughes and Evelyn Lloyd. Nays: None. Absent: None.
3.Public Hearing:
Potential Community Development Block Grant – Coronavirus Application
Planning Director Margaret Hauth introduced Orange County Housing and Community Development Manager
Erika Brandt. Hauth said she is suggesting the town apply for $600,000 in grant funding. The program time
would be for 30 months. If the town receives $750,000 or more in federal funds, then the auditing
requirements would be different. A second hearing will be held in November.
Brandt shared a slide presentation on the grant. The funds would go to one emergency housing assistance
fund operated by Orange County.
The town manager expressed support for the suggested amount and for Hauth’s approach of working with
the county.
Motion: Ferguson moved to close the public hearing. Bell seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
4.Presentation:
2020 Economic Development and Tourism Update
Oct. 26, 2020
Board of Commissioners Work Session
Approved: ____________________
Page 1 of 10
DRAFT
Economic Development Manager Shannan Campbell noted the last update was in December. She gave a slide
presentation that covered economic development and recovery efforts since March including surveying
business owners, identifying grants, and advertising. The presentation also included highlights from 2019
events sponsored by the Tourism Board and Tourism Development Authority. She noted some projects
planned for 2020 did not take place due to the coronavirus pandemic. Projects that are possibly moving
forward include the bio-dock kayak launch at Kings Highway Park and map kiosks at the Calvin Street entrance
to Riverwalk and at the Visitors Center. Also, a mural may be installed in Fiscal Year 2021. She did not share
details about the mural at this meeting.
Ferguson said if the mobile stage discussion resumes, she requests that the stage meet the requirements of
Fairview Live.
5. Items for decision ― consent agenda
A. Miscellaneous budget amendments and transfers
B. Orange County Article 46 Collaborative Outreach Funds Memorandum of Understanding
C. Interlocal Agreement with Orange County for Fire Inspection Support
Motion: Ferguson moved to approve item 5A. Hughes seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
6. In-depth discussion and topics
A. Noise Ordinance follow-up discussion
Chief Duane Hampton said this topic was put on hold when bars were closed. He added that the biggest
changes in the noise ordinance would be the limits. The proposed text is a cutoff of amplified music at 11 p.m.
on weekdays and at midnight on Fridays and Saturdays. The current decibel limits would remain in place
during the day. He noted that there has rarely been a daytime reading over 65 decibels.
Campbell said she recalled a discussion of possibly raising the daytime limit to 70 decibels.
Hampton said that would be very loud.
Hampton reviewed that a business could receive four exceptions to the noise ordinance in a calendar year
with a special events permit. There would be fees for being in violation.
Ferguson expressed concern about dampening the music scene.
Hampton said there should be no change that should affect the bands. The current noise ordinance sets a
limit of 65 decibels.
Ferguson expressed concern that the changes could be weaponized by one neighbor with social capital
against one business.
Hampton said this has largely been characterized as a single neighbor/single business issue but other
residents have complained. He has observed amplified music past midnight and thinks it negatively impacts
nearby residences. He said it comes down to a board decision about the character of the environment.
Campbell said she and Hampton had discussed at one time having a two-party complaint system so that one
party alone could not complain.
Oct. 26, 2020
Board of Commissioners Work Session
Approved: ____________________
Page 2 of 10
DRAFT
Hampton said some locations stipulate that more than one person must hear a situation. In some cases, the
officer arriving and agreeing that the music is too loud counts as the second party. His takeaway from
previous board meetings was that the board was not comfortable with that. He said the problem with two-
party complaint systems is that it is unclear whether two people have to call before police would respond.
Weaver added that the noise ordinance must be applied evenly across town.
Bell noted that each business would have the opportunity to exceed the noise ordinance four times per year.
He said the current decibel limit is not working, so he would think the new decibel limit would be lower.
Increasing the allowed decibel level is a non-starter for him. He would be OK with allowing amplified music to
be heard until midnight on weekends. He thinks measuring at the structure rather than at the property line is
appropriate for a more accurate comparison. He would have concerns extending loud amplified music to 1
a.m. with a special events permit. He agrees with increasing civil penalties.
Campbell clarified that the rationale was to allow a louder decibel level and then cut off at midnight.
Bell said from 55 to 65 decibels is doubling the level of sound.
Hampton said he did not think that there would be much issue with 65 decibels.
Bell asked if this would cover all outdoor amplified sound.
Hampton said no.
Bell said he expects there to be problems between businesses. For instance, a wedding party at The Colonial
Inn would not want to hear amplified music coming from another business.
Hampton agreed.
Weaver recalled that residents who attended a previous board meeting said the bass was more of a problem
than the decibel level. The musicians were usually meeting the decibel limits. That’s how she remembers
determining that there needed to be a cutoff time.
Hughes said the issue is specifically one business and multiple neighbors who live near that business and the
policy change would affect the entire town. He noted that bar owners earn much of their weekly income
between midnight and 2 a.m. on Friday and Saturday evenings. Restricting that earning potential also
decreases the town’s tax revenue. He said the ordinance needs to clarify that midnight would not mean the
music has to be completely turned off. He could see The Colonial Inn needing more than four special event
permits per year. On weekdays, special events permit makes sense to him. Civil penalties for first and second
violations should be $25. The maximum penalty should not exceed $200. If people want to appeal, then the
appeal should come to the Board of Commissioners and not town staff. He agrees with measuring from the
property line. He wants to work with business partners (bars, restaurants, event venues) and wants to see
how mitigation efforts have worked. He wonders how this amended ordinance would impact The Colonial Inn.
He agrees with not moving forward with this amendment until bars are allowed to be open past 11 p.m. He
does not want to preemptively seek out solutions. He also wants to keep the ordinance narrowly focused to
amplified sound and not include other loud noises like lawnmowers.
Hampton clarified that an absolute cutoff does not mean music cannot be played after the designated hour
but that it can no longer be heard from the property line.
Hughes said some business owners did not read it that way.
Oct. 26, 2020
Board of Commissioners Work Session
Approved: ____________________
Page 3 of 10
DRAFT
Weaver said we want to be ready when businesses are fully open.
Ferguson wants the cutoff time to be 1 or 2 a.m. for the sake of shift workers and vibrancy. She thinks the
owner and not the manager should be issued a fine. She agrees with measuring the decibels from the
property line and said everyone needs to recognize that some musical sound will escape every time the door
opens. She does not want an absolute cutoff and is concerned that a decibel limit might preclude certain
types of establishments such as a hip-hop bar.
English said the ordinance must work for police. He thinks there will be more outside gatherings in the future.
He agrees with Ferguson and Hughes that this should be slow rolled until COVID restrictions are lifted. He
thinks appeals should be heard by the board and fines should not exceed $200. He thinks the board needs to
have more discussion about special events.
Lloyd said she does not agree with having noise past twelve. She gets noise complaints from other businesses
besides the one on West Margaret Lane. She thinks there will be competitive sounds from different
businesses. Lloyd said she would have voted against allowing The Hot Tin Roof to be located in the building
where it is located. She has concerns that the town is changing too quickly.
Bell agreed with the other board members that it should be measured from the property line. Also, he
anticipates people sleeping in the hotel at The Colonial Inn might have complaints about noise.
Hampton said the feedback is helpful.
Bell said when timing is appropriate, he would like to see a menu of options for enforcement, sound levels,
etc.
B. Police staffing update and options discussion
Hampton gave an overview. The department has 31 positions. In 2018-2019, staffing dipped down a little and
the department put an emphasis on recruiting. In 2019, the department over hired by one position. He said
with the current atmosphere for police nationwide and the global pandemic, the bottom has dropped out.
He said the department has five vacancies and two officers taking paternity leave and is expecting several
retirements. The department recently hired three people but two won’t start until next year.
He shared the diversity of the officers hired in recent years. He said the department has lost 12 employees,
mostly to other jobs, since 2019.
He reviewed what is driving personnel losses: impact of anti-police movement, high standards, retirements,
competition for talent (limited opportunities, better schedule, high cost of family benefits), and a desire to
focus on specialized jobs that the department does not offer.
He reviewed what can be done to attract and retain officers including: building in corporal as a formal
promotion, designing a new schedule (daytime, mid shift, and night shift), establishing permanent shifts, re-
tasking the Fairview Substation space as a fitness area, and improving family health insurance benefits.
Hampton explained that family health insurance benefits cost about $1,200 a month. Other agencies have
been able to offer a lower salary but better benefits. In a survey of 20 peer agencies, Hillsborough’s starting
salary for police officers is still competitive, but the town has the fifth highest family insurance rate.
Hillsborough’s family insurance is only lower than Pittsboro, Oxford, Roxboro and Graham. Hillsborough’s net
salary for police officers ranks 14 out of 20.
Oct. 26, 2020
Board of Commissioners Work Session
Approved: ____________________
Page 4 of 10
DRAFT
He proposed addressing the high family insurance costs and also paying officers more for working overnight
($5 per hour for hours after midnight or $6 per hour for working between 2 and 7 a.m.) He said the bonus pay
for working overnight would cost a total of $30,000. He said internally we need to create additional
opportunities.
Town Manager Eric Peterson said there will be a lot of savings in police salaries this year, so the money
Hampton needs for the night shift pay is already in the budget. He supports it and it can be presented to the
board for approval. Regarding health insurance, Peterson said it is really important but potentially really
expensive and needs to be a decision in budget. It will take time to research it.
Ferguson said the health insurance cost surprised her.
Hughes agreed and said some officers leave for a sheriff’s office for broader experience. He wondered about
obtaining a reduced gym membership. Hughes wondered if the town is paying much over time and if the
Orange County Sheriff’s Office and State Highway Patrol are having to respond to calls typically handled by
Hillsborough Police Department.
Hampton said there has been some increase in neighboring agencies covering for us but not drastically higher
than last year. Restructuring may have the benefit of having more people on duty during peak times and
fewer people in the early morning when very little happens. The department is paying more overtime to cover
shifts. He noted that two officers were taking paternity leave and said that the town is not paying the county
or state for handling some of the police calls.
Bell offered to share some healthcare strategies with staff.
Hampton said the department is generally losing officers in earlier stages of their career.
Hughes asked if benefits impact hiring for other departments and whether there are workers in other
departments who work overnight.
The town manager said one person works overnight in the water treatment plant. He said Hillsborough’s
insurance is through a local government pool that has helped stabilize insurance costs. The plans are of good
value. There is a trend away from covering insurance for dependents, but Hillsborough happens to be
surrounded by agencies that do. He said other departments have lost employees or have not been able to hire
a candidate because of the cost of health insurance for dependents.
Hughes suggested charging all employees for insurance to mitigate the cost of dependent coverage. Peterson
said that will cause anxiety for employees. He added that the town had a robust wellness program but it cost
a lot of money. The wellness program sounded good and made management feel good but it does not pay for
itself.
Peterson said Interim Human Resources Director Haley Bizzell would research possibilities.
Weaver noted some special positions in the police department might impact the perception of public safety
and it would be worth a future discussion.
C. Update on Action Items from June 8 Resolution Condemning the Killing of George Floyd
Peterson said Hughes asked for an update at the last meeting. The agenda packet includes the resolution and
actionable items.
Oct. 26, 2020
Board of Commissioners Work Session
Approved: ____________________
Page 5 of 10
DRAFT
Weaver said 31 people had recently applied to serve on the Mayor’s Task Force on Reimagining Public Safety.
Not all applicants seemed to be eligible. She felt good about the diversity of the applicants in multiple ways.
She said community members and Bell, as the Mayor Pro Tem, would help her choose the task force
members.
D. Orange County Article 46 Collaborative Outreach Funds Memorandum of Understanding
Hughes said the town did not spend all of last year’s funds and asked whether staff had identified how it
wants to use the funds.
Campbell said the funds could potentially be used for the town’s $10,000 contribution to the sidewalk in front
of The Colonial Inn.
Hughes asked if there is a deadline for signing the memorandum of understanding.
Campbell said no.
Motion: Hughes moved to authorize staff to sign the memorandum of understanding and apply the funds
for the sidewalk in front of The Colonial Inn. English seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
E. Interlocal agreement with Orange County for fire inspection support
Hughes asked if Orange County has indicated that there will be a charge for this support.
Planning Director Margaret Hauth said so far there has been no indication that there would be a charge. It
seems that county staff is on board. Hauth said only a very limited number of inspections are expected to be
required.
Hughes was concerned about a possible delay for businesses.
Motion: Hughes moved to authorize the town manager to sign the interlocal agreement and added that
staff should inform the board if there is a financial impact. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
7. Other business
There was none.
8. Committee updates and reports
The commissioners and mayors shared updates about committees on which they serve.
9. Adjournment
Motion: Bell moved to adjourn at 9:52 p.m. Lloyd seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
Oct. 26, 2020
Board of Commissioners Work Session
Approved: ____________________
Page 6 of 10
DRAFT
Respectfully submitted,
Sarah E. Kimrey
Interim Town Clerk
Oct. 26, 2020
Board of Commissioners Work Session
Approved: ____________________
Page 7 of 10
DRAFT
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2020-2021
DATES: 10/26/2020 TO 10/26/2020
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
10-00-9990-5300-000 CONTINGENCY
10/26/2020 250,000.00 -6,524.00To cover vehicle vault PO not brought forw 20245 184,954.00EBRADFORD
10/26/2020 250,000.00 -1,500.00To cover longer ads due to covid 20249 183,454.00EBRADFORD
10-10-4000-5300-335 SUPPLIES - DISASTER
10/26/2020 44,365.00 -12,035.00To move non-reimb Covid exp to dept 20262 27,330.00EBRADFORD
10-10-4100-5300-041 ATTORNEY FEES
10/26/2020 125,000.00 6,955.00To move non-reimb Covid exp to dept 20270 131,955.00EBRADFORD
10-10-4200-5300-110 PHONE/INTERNET/CODE RED
10/26/2020 6,720.00 1,773.00To move non-reimb Covid exp to dept 20263 8,493.00EBRADFORD
10-10-4400-5300-110 TELEPHONE/INTERNET
10/26/2020 840.00 921.00To move non-reimb Covid exp to dept 20269 1,761.00EBRADFORD
10-10-4900-5300-120 ADVERTISING
10/26/2020 1,500.00 1,500.00To cover longer ads due to covid 20248 3,000.00EBRADFORD
10-10-6300-5300-110 TELEPHONE/INTERNET
10/26/2020 1,320.00 386.00To move non-reimb Covid exp to dept 20264 1,706.00EBRADFORD
10-10-6600-5300-110 TELEPHONE/INTERNET
10/26/2020 840.00 307.00To move non-reimb Covid exp to dept 20271 1,147.00EBRADFORD
10-10-6610-5300-110 TELEPHONE/INTERNET
10/26/2020 84,500.00 614.00To move non-reimb Covid exp to dept 20267 93,112.73EBRADFORD
10-20-5100-5300-110 TELEPHONE/INTERNET
10/26/2020 1,680.00 386.00To move non-reimb Covid exp to dept 20265 2,066.00EBRADFORD
10-20-5110-5300-330 DEPARTMENTAL SUPPLIES
10/26/2020 15,500.00 6,524.00To cover vehicle vault PO not brought forw 20244 23,001.16EBRADFORD
10-20-5300-5300-110 TELEPHONE/INTERNET
10/26/2020 7,638.00 386.00To move non-reimb Covid exp to dept 20266 8,024.00EBRADFORD
10-30-5550-5300-110 TELEPHONE/INTERNET
10/26/2020 840.00 307.00To move non-reimb Covid exp to dept 20268 1,147.00EBRADFORD
30-80-4000-5300-335 SUPPLIES - DISASTER
10/26/2020 29,421.00 -9,165.00To move non-reimb Covid exp to dept 20275 20,256.00EBRADFORD
30-80-7200-5300-041 ATTORNEY FEES
10/26/2020 17,000.00 7,245.00To move non-reimb Covid exp to dept 20281 24,245.00EBRADFORD
30-80-7220-5300-110 TELEPHONE/INTERNET
10/26/2020 2,977.00 693.00To move non-reimb Covid exp to dept 20276 3,670.00EBRADFORD
30-80-7240-5300-111 TELEPHONE-METER READING
10/26/2020 5,445.00 307.0020282 6,579.00EBRADFORD
30-80-8120-5300-110 TELEPHONE / INTERNET
10/26/2020 2,160.00 307.00To move non-reimb Covid exp to dept 20279 2,467.00EBRADFORD
30-80-8140-5300-110 TELEPHONE/INTERNET
10/26/2020 9,180.00 153.00To move non-reimb Covid exp to dept 20277 9,333.00EBRADFORD
30-80-8200-5300-110 TELEPHONE/INTERNET
10/26/2020 5,904.00 153.00To move non-reimb Covid exp to dept 20278 6,057.00EBRADFORD
30-80-8220-5300-110 TELEPHONE/INTERNET
10/26/2020 2,880.00 307.00To move non-reimb Covid exp to dept 20280 3,187.00EBRADFORD
EBRADFORD 1:25:51PM10/20/2020
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GF-
Contingency
GF-
Disaster
Governing
Body
Admin.
Accounting
Planning
Public
Space
Safety &
Risk Mgmt
Info
Services
Police -
Admin.
Police -
Patrol
Fire
Marshal
Fire
Protection
WSF-
Disaster
Admin. of
Enterprise
Utilities
Admin.
Billing &
Collections
WTP
Water
Distribution
WW
Collection
WWTP
Oct. 26, 2020
Board of Commissioners Work Session
Approved: ____________________
Page 8 of 10
DRAFT
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2020-2021
DATES: 10/26/2020 TO 10/26/2020
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
30-80-8220-5300-320 CHEMICALS
10/26/2020 67,090.00 -100.00To cover increased software support 20247 66,990.00EBRADFORD
30-80-8220-5300-458 DATA PROCESSING SERVICES
10/26/2020 588.00 100.00To cover increased software support 20246 688.00EBRADFORD
35-30-4000-5300-335 SUPPLIES - DISASTER
10/26/2020 1,656.00 -597.00To move non-reimb Covid exp to dept 20273 1,059.00EBRADFORD
35-30-5900-5300-041 ATTORNEY FEES
10/26/2020 14,500.00 290.00To move non-reimb Covid exp to dept 20274 14,790.00EBRADFORD
35-30-5900-5300-110 TELEPHONE/INTERNET
10/26/2020 2,200.00 307.00To move non-reimb Covid exp to dept 20272 2,507.00EBRADFORD
75-75-3870-3870-156 TRANS FR W/S US BUS 70 WTR PHASE I
10/26/2020 299,741.50 15,456.00To record water SDF 20251 347,397.50EBRADFORD
10/26/2020 299,741.50 112,056.00To record water SDF 20255 459,453.50EBRADFORD
10/26/2020 299,741.50 7,728.00To record water SDF 20261 467,181.50EBRADFORD
75-75-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I
10/26/2020 299,741.50 15,456.00To record water SDF 20250 347,397.50EBRADFORD
10/26/2020 299,741.50 112,056.00To record water SDF 20254 459,453.50EBRADFORD
10/26/2020 299,741.50 7,728.00To record water SDF 20260 467,181.50EBRADFORD
76-76-3870-3870-155 TRAN FR W/S CRF - COLLECT SYS REHAB
10/26/2020 1,008,106.50 9,729.00To record sewer SDF 20253 1,041,617.50EBRADFORD
10/26/2020 1,008,106.50 94,047.00To record sewer SDF 20257 1,135,664.50EBRADFORD
10/26/2020 1,008,106.50 6,486.00To record sewer SDF 20258 1,142,150.50EBRADFORD
76-76-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS
10/26/2020 1,008,106.50 9,729.00To record sewer SDF 20252 1,041,617.50EBRADFORD
10/26/2020 1,008,106.50 94,047.00To record sewer SDF 20256 1,135,664.50EBRADFORD
10/26/2020 1,008,106.50 6,486.00To record sewer SDF 20259 1,142,150.50EBRADFORD
491,004.00
EBRADFORD 1:25:51PM10/20/2020
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Page 2 of 2
WWTP
WWTP
Stormwater
Stormwater
Stormwater
Water
CRF
Water
CRF
Sewer
CRF
Sewer
CRF
APPROVED: 5/0
DATE: 10/26/20
VERIFIED: ___________________________________
Oct. 26, 2020
Board of Commissioners Work Session
Approved: ____________________
Page 9 of 10
DRAFT
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2020-2021
DATES: 10/27/2020 TO 10/27/2020
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
30-80-7240-5300-570 MISCELLANEOUS
10/27/2020 1,000.00 1,000.00To cover PCI compliance assessment 20283 1,173.00EBRADFORD
30-80-9990-5300-000 CONTINGENCY
10/27/2020 300,000.00 -1,000.00To cover PCI compliance assessment 20284 242,788.00EBRADFORD
0.00
EBRADFORD 1:32:06PM10/21/2020
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Page 1 of 1
Billing &
Collections
WSF-
Contingency
APPROVED: 5/0
DATE: 10/26/20
VERIFIED: ___________________________________
Oct. 26, 2020
Board of Commissioners Work Session
Approved: ____________________
Page 10 of 10
DRAFT
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Administration - Budget
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: 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: 11/09/2020 TO 11/09/2020
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
10-10-4200-5300-451 C.S./PRINTING
11/09/2020 3,570.00 2,136.00To cover Covid-19 & other utility bill inse 20292 5,763.00EBRADFORD
10-10-4200-5300-570 MISCELLANEOUS
11/09/2020 9,053.00 -2,136.00To cover Covid-19 & other utility bill inse 20291 7,860.00EBRADFORD
30-80-7240-5300-331 DEPT SUPP-METER READING
11/09/2020 182,823.00 -1,000.00To cover cost of door hangers from SouthD 20285 181,823.00JDELLAVALL
30-80-7240-5300-454 C.S./SOUTH DATA
11/09/2020 42,568.00 1,000.00To cover cost of door hangers from SouthD 20286 43,568.00JDELLAVALL
72-00-4900-3301-000 RESTRICTED REV-AFFORDABLE HOUSING
11/09/2020 91,787.00 -46,816.72Adj to actual 20307 44,970.28EBRADFORD
72-00-4900-3301-001 RESTRICTED REV- MPO
11/09/2020 99,500.00 76,000.00To adj per FY20 actual 20294 175,500.00EBRADFORD
11/09/2020 99,500.00 -99,500.00Reverse starting budget 20295 76,000.00EBRADFORD
11/09/2020 99,500.00 105,600.00To adj per FY21 allocation 20297 181,600.00EBRADFORD
72-00-4900-3301-031 RESTRICTED REV-COLLINS RIDGE
11/09/2020 295,440.00 -135,440.00Adj to actual 20301 160,000.00EBRADFORD
72-00-5100-3301-023 RESTRICTED REV-HILLSBOROUGH ROCKS
11/09/2020 2,584.51 -45.00Adj to actual 20299 2,539.51EBRADFORD
72-00-5100-3301-027 RESTRCITED REV-CHRISTMAS TOY DRIVE
11/09/2020 359.00 -100.00Adj to actual 20305 259.00EBRADFORD
72-00-5100-3301-052 RESTRICTED REV-ABC BOARD GRANT
11/09/2020 20,000.00 -13,670.00Adj to actual 20316 6,330.00EBRADFORD
11/09/2020 20,000.00 2,077.85Adj to actual 20317 8,407.85EBRADFORD
72-00-5110-3301-000 RESTRICTED REV- K-9 DONATION
11/09/2020 5,787.58 -2,936.73Adj to actual 20309 2,850.85EBRADFORD
72-00-5110-3301-001 RESTRICTED REV- AED DEVICE DONATION
11/09/2020 20,300.00 -20,300.00Adj to actual 20312 0.00EBRADFORD
72-00-5600-3301-001 RESTRICTED REV-SIDEWALK IN LIEU
11/09/2020 46,526.00 20,373.00Adj to actual 20303 66,899.00EBRADFORD
11/09/2020 46,526.00 6,432.00To record FY21 revenue 20313 73,331.00EBRADFORD
72-10-4900-5300-350 AFFORDABLE HOUSING EXPENDITURES
11/09/2020 91,787.00 -46,816.72Adj to actual 20308 44,970.28EBRADFORD
72-10-4900-5300-351 METROPOLITAN PLANNING ORGANIZATION
11/09/2020 99,500.00 76,000.00To adj per FY20 actual 20293 175,500.00EBRADFORD
11/09/2020 99,500.00 -99,500.00Reverse starting budget 20296 76,000.00EBRADFORD
11/09/2020 99,500.00 105,600.00To adj per FY21 allocation 20298 181,600.00EBRADFORD
72-10-5600-5300-350 SIDWALK IN LIEU EXPENDITURES
11/09/2020 46,526.00 20,373.00Adj to actual 20304 66,899.00EBRADFORD
11/09/2020 46,526.00 6,432.00To record FY21 revenue 20314 73,331.00EBRADFORD
72-20-5100-5300-023 HILLSBOROUGH ROCKS EXPENDITURES
11/09/2020 2,584.51 -45.00Adj to actual 20300 2,539.51EBRADFORD
72-20-5100-5300-052 ABC BOARD EXPENDITURES
11/09/2020 6,330.00 2,077.85Adj to actual 20318 8,407.85EBRADFORD
EBRADFORD 1:13:04PM11/03/2020
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Page 1 of 2
Administration
Administration
Billing &
Collections
Billing &
Collections
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2020-2021
DATES: 11/09/2020 TO 11/09/2020
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
72-20-5100-5300-350 CHRISTMAS TOY DRIVE EXPENDITURES
11/09/2020 359.00 -100.00Adj to actual 20306 259.00EBRADFORD
72-20-5100-5700-740 CAPITAL VEHICLES-ABC GRANT
11/09/2020 13,670.00 -13,670.00Adj to actual 20315 0.00EBRADFORD
72-20-5110-5300-331 K-9 DONATION SUPPLIES
11/09/2020 5,787.58 -2,936.73Adj to actual 20310 2,850.85EBRADFORD
72-20-5110-5301-331 SUPPLIES -SAFETY AED DEVICES
11/09/2020 20,300.00 -20,300.00Adj to actual 20311 0.00EBRADFORD
72-71-5100-5982-004 TRANSFER TO PUBLIC SAFETY FACILITY
11/09/2020 135,440.00 -135,440.00Adj to actual 20302 0.00EBRADFORD
75-75-3870-3870-156 TRANS FR W/S US BUS 70 WTR PHASE I
11/09/2020 299,741.50 3,864.00To record Water SDFs 20287 471,045.50EBRADFORD
75-75-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I
11/09/2020 299,741.50 3,864.00To record Water SDFs 20288 471,045.50EBRADFORD
76-76-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB
11/09/2020 1,008,106.50 3,243.00To record Sewer SDFs 20289 1,145,393.50EBRADFORD
76-76-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS
11/09/2020 1,008,106.50 3,243.00To record Sewer SDFs 20290 1,145,393.50EBRADFORD
-202,437.20
EBRADFORD 1:13:04PM11/03/2020
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Page 2 of 2
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Restricted
Revenue
Water
SDF
Water
SDF
Sewer
SDF
Sewer
SDF
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Administration - Budget
Public Hearing: Yes No
Date of Public Hearing: __________________________
For Clerk’s Use Only AGENDA ITEM #
6.C
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Emily Bradford, Budget Director
ITEM TO BE CONSIDERED
Subject:
Miscellaneous Tourism Development Authority 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:
Tourism budget amendments/transfers must be approved by the town board.
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: 11/09/2020 TO 11/09/2020
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
73-00-3900-3900-000 FUND BALANCE APPROPRIATED
11/09/2020 67,572.00 20,000.00To cover King St sidewalk project 20321 87,572.00EBRADFORD
73-51-6250-5300-731 SPECIAL PROJ/PARTNERSHIPS
11/09/2020 53,500.00 20,000.00To cover King St sidewalk project 20322 73,500.00EBRADFORD
40,000.00
EBRADFORD 1:51:01PM11/03/2020
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Page 1 of 1
TDA
TDA
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Public Space
Public Hearing: Yes No
Date of Public Hearing:
For Clerk’s Use Only AGENDA ITEM #
6.D
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Stephanie Trueblood, Public Space Manager
ITEM TO BE CONSIDERED
Subject:
Donation from Jay Wilkes of Luxcrete Concrete Polishing of concrete pad to receive accessible musical play stations in Gold
Park (value $3500)
Attachment(s):
1. Donation Letter from Luxcrete
2. Donation Estimate from Luxcrete
Brief Summary:
Mr. Jay Wilkes, Hillsborough resident and owner of Luxcrete Concrete Polishing, offers to donate materials and services
required to install a concrete pad in Gold Park to receive ADA accessible musical play stations at a value of $3500.
Action Requested:
Approve and accept donation.
ISSUE OVERVIEW
Background Information & Issue Summary:
Mr. Jay Wilkes, Hillsborough resident and owner of Luxcrete Concrete Polishing, contacted the town with an offer to furnish all
materials and labor for the installation of a concrete pad at Gold Park. The pad is necessary to house planned ADA accessible
musical play stations. The play stations are recommended by the Parks and Recreation Board as a top priority. Existing Gold
Park play equipment meets ADA requirements for playgrounds. The planned musical play stations are wheelchair accessible
and will bring a new type of equipment to the park. The play stations are budgeted for FY21 and will be installed after the
concrete pad is installed.
Financial Impacts:
Donation value estimated at $3500.
Staff Recommendations/Comments:
_LUXCRETE_
October 27, 2020
To Whom It May Concern-
This letter is to certify that Luxcrete Concrete Polishing wishes to donate all materials and
services required for the installation of the concrete pad in Gold Park to the Town of
Hillsborough in support of the accessible play equipment in the park.
Luxcrete Concrete Polishing is a concrete polishing company that has been based in
Hillsborough since 2016. We mainly specialize in mechanically polishing flooring in residential
and commercial spaces. Hillsborough has been an excellent home, both for our company and
for us personally, and we are honored to be able to give back to the community in whatever way
we can.
Please feel free to reach out to us if there is anything else you need or if there is anything we
can do.
Best,
J Wilks
Owner
Luxcrete Concrete Polishing
LUXCRETE • 919.960.1330 • j@luxcrete.biz • www.luxcrete.biz • 2211 Leah Drive, Unit 2 Hillsborough, NC 27278
Luxcrete Concrete Polishing
2211 Leah Drive
Hillsborough, NC 27278
j@luxcrete.biz
www.luxcrete.biz
INVOICE
BILL TO
Town of Hillsborough
INVOICE #1143
DATE 10/26/2020
DUE DATE 10/26/2020
TERMS Due on receipt
ACTIVITY DETAILS SQFT RATE AMOUNT
Concrete Pad 1 3,500.00 3,500.00
Subtotal: 3,500.00
Donation 1 -3,500.00 -3,500.00
Cost of materials and services for a broom finished, 3500psi, 500 sqft
concrete pad to be donated by Luxcrete Concrete Polishing.
BALANCE DUE $0.00
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Public Works
Public Hearing: Yes No
Date of Public Hearing:
For Clerk’s Use Only AGENDA ITEM #
6.E
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Ken Hines, Public Works Director
ITEM TO BE CONSIDERED
Subject:
Encroachment agreement – 509 N. Wake St.
Attachment(s):
1. Encroachment agreement
2. Exhibit A
Brief Summary:
Property owners are requesting the town enter into an encroachment agreement to install and maintain a private
water service line and a private sanitary sewer service line located at 509 N. Wake St. in the public right of way.
Action Requested:
Approve entering an encroachment agreement to install and maintain a private water service line and a private
sanitary sewer service located at 509 N. Wake St.
ISSUE OVERVIEW
Background Information & Issue Summary:
Owner is constructing a new house and requests water and sewer connections to town infrastructure. The new lines
will be located in the right of way from 509 N. Wake St. and connect to town water and service lines near W. Corbin
St. (see Exhibit A).
Financial Impacts:
None
Staff Recommendations/Comments:
Recommend approval.
DRAFT DRAFT
Prepared by Robert E. Hornik, Jr.
& Return to: The Brough Law Firm
1526 E. Franklin Street
Suite 200
Chapel Hill, NC 27514
ORANGE COUNTY
NORTH CAROLINA
ENCROACHMENT AGREEMENT
FOR A STRUCTURE OTHER THAN A SIGN
The Town of Hillsborough (the “Town”), owner of a municipal roadway known as North Wake Street (the
“Property”), and Nils Reichardt and Leah Reichardt-Osterkatz, the record owners of property located at 509 North Wake
Street (the “Adjacent Owners”), pursuant to a deed or other instrument of conveyance recorded in Book 6492, Page 403 in
the Orange County Register of Deeds and identified by PIN Number 9864-98-4833 (the “Adjacent Property”), hereby agree
as follows:
The Town hereby grants a license to the Adjacent Owner to install and maintain a private water service line and a private
sanitary sewer service line (but no other use or improvements) on the Property, as is depicted on Exhibit A attached hereto.
No further license for any other encroachment is granted.
The parties further agree that:
(i) the license granted herein does not confer or pass any title, interest or estate in the Property;
(ii) the Town may require the Adjacent Owner to modify or remove the improvements made pursuant to this
Agreement if the Town, in its sole discretion, determines that the improvements negatively affect
stormwater drainage on North Wake Street ;
(iii) that the license granted herein may be revoked at any time by the Town by giving written notice to the
Adjacent Owners;
(iv) upon such revocation, the Adjacent Owner agrees to remove and discontinue use of the water and sewer
lines authorized herein within thirty (30) days after receipt of the Town’s written notice;
(v) any expenses arising from the revocation of the license granted herein or the removal and discontinuation
of use of the irrigation system are to be paid by the Adjacent Owner;
(vi) if the water and sewer lines are not removed and discontinued as provided in (iv), the Town is authorized
to remove the water and sewer lines and other objects on the Property without any liability therefore and
without the necessity of a hearing or other judicial intervention, with expenses to be paid by the Adjacent
Owner, and if not paid, the expenses of removal and discontinuance of use, including any attorney’s fees
associated with the removal and assertion of the Town’s interest, shall be a lien upon the Adjacent Property
and shall be collected as unpaid taxes;
(vii) the Town shall not be responsible for any damage which may occur to any improvements made by the
Adjacent Owners pursuant to this agreement which may be caused by Town maintenance or improvements
to the North Wake Street right of way.
The parties further agree that this Encroachment Agreement will be recorded in the registers of deeds
office in the chain of title for the Adjacent Property so that any successor in title to the Property has record notice
of the privileges and obligations associated with this license. The parties also agree that the fees associated with
recording the Encroachment Agreement will be paid by the Adjacent Owner.
So agreed this ______ day of November, 2020.
Nils and Leah Reichardt-Osterkatz
Adjacent Owners
BY: ______________________________
_______________________________
ORANGE COUNTY, NORTH CAROLINA
I, _________________________, a Notary Public for said County and State, do hereby certify that
____________________________, the Adjacent Owners, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the ____ day of November, 2020.
(Official Seal/Stamp) _________________________________
Notary Public
My commission expires:______________
***********************************************************************************
TOWN OF HILLSBOROUGH
By:___________________________________
Eric Peterson, Town Manager
ATTEST:
________________________________ (SEAL)
Sarah Kimrey, Town Clerk
**********************************************************************************************
Orange County, North Carolina
I, _________________________, a Notary Public for said County and State, do hereby certify that Eric
Peterson, Hillsborough Town Manager, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and official seal, this the ____ day of November, 2020.
(Official Seal/Stamp) ______________________________________
Notary Public
My commission expires:______________
!!2
G!.
G!.
G!.G!.G!.
G!.
G!.
&.&.
&.&.&.
&.
&.
&.&.&.
&.&.
&.
SEWER CLEANOUTWATER METER
~180 LF OF PRIVATE 1" COPPER
WATER LINE AND 2" PVC
SEWER LINE
IN SAME TRENCH
APPROXIMATELY 2' DEEP,
3' WEST OF EDGE OF
N. WAKE ST. PAVEMENT
509 N. WAKE ST
511 N WAKE ST
CORBIN
WAKE6"
PRIVATE WATER AND SEWER MAIN
ENCROACHMENT
509 N. WAKE ST HILLSBOROUGH NC 27278 ¯20 0 2010 Feet
EXHIBIT A
1) N. WAKE ST IS A TOWN OF HILLSBOROUGH ROAD
2) TOWN TO SET WATER METER AND SEWER CLEANOUT APPROXIMATE WHERE NOTED
3) LICENSED PLUMBER TO INSTALL PRIVATE WATER AND PRESSURE SEWER FROM NEW HOME TO METER AND CLEANOUT
4) OWNER RESPONSIBLE FOR ALL MAINTENANCE OF PRIVATE WATER AND SEWER WITHIN ROAD RIGHT OF WAY
5) DISTURBANCE OF DITCH LINE TO BE RESTORED TO GRADE
6) ALL DISTURBED AREA TO BE RESTORED TO EQUAL OR BETTER CONDITION AT OWNER EXPENSE
7) OWNER TO PROVIDE AS BUILT INFORMATION ONCE CONSTRUCTED
Legend
Water Main
!!2 Sewer Manhole
Sewer Main
65' Right of Way
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Public Works
Public Hearing: Yes No
Date of Public Hearing:
For Clerk’s Use Only AGENDA ITEM #
6.F
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Ken Hines, Public Works Director
ITEM TO BE CONSIDERED
Subject:
Encroachment agreement - 305 W. Tryon St.
Attachment(s):
1. Encroachment agreement
2 Design narrative of Whitted step replacement and site improvements
3 Exhibits A & B
Brief Summary:
Orange County is requesting the town enter into an encroachment agreement to make improvements to ADA access
at the Whitted Building. Improvements include curbing, landscaping and a raised retaining wall, and raised
crosswalks across W. Tryon Street and N. Hassell Street.
Action Requested:
Approve entering into an encroachment agreement for improvements in the public right of way to make access to the
Whitted building ADA compliant by repairing existing steps and installing two new pedestrian ramps.
ISSUE OVERVIEW
Background Information & Issue Summary:
See Design Narrative and Exhibit A.
Financial Impacts:
None
Staff Recommendations/Comments:
Recommend approval.
Prepared by Robert E. Hornik, Jr.
& Return to: The Brough Law Firm
1526 E. Franklin Street
Suite 200
Chapel Hill, NC 27514
ORANGE COUNTY
NORTH CAROLINA
ENCROACHMENT AGREEMENT
FOR A STRUCTURE OTHER THAN A SIGN
The Town of Hillsborough (the “Town”), owner of a municipal roadway known as West Tryon Street (the
“Property”), and Orange County (the “County”), the record owner of property located at 229 West Tryon Street (Orange
County PIN 9864868762), 300-302 West Tryon Street (Orange County PIN 9864868123), and 305 West Tryon Street
(Orange County PIN 9864866749) and more particularly described in a deed recorded at Deed Book 259, page 38 in the
Orange County Registry, hereby agree as follows:
The Town hereby grants a license to the Adjacent Owner to install and maintain various improvements appurtenant to the
Whitted Building located at 300-302 West Tryon Street, including curbing, landscaping and a retaining wall, and raised
crosswalks across West Tryon Street and North Hassell Street (collectively referred to as the “Improvements”) on the
Property, as is depicted on Exhibit A and B attached hereto. No further license for any other encroachment is granted.
The parties further agree that:
(i) the license granted herein does not confer or pass any title, interest or estate in the Property;
(ii) the Town may require the County to modify or remove the Improvements made pursuant to this Agreement
if the Town, in its sole discretion, determines that the improvements negatively affect stormwater drainage
on West Tryon Street ;
(iii) that the license granted herein may be revoked at any time by the Town by giving written notice to the
County;
(iv) upon such revocation, the County agrees to remove and discontinue use of the Improvements authorized
herein within thirty (30) days after receipt of the Town’s written notice;
(v) any expenses arising from the revocation of the license granted herein or the removal and discontinuation
of use of the Improvements are to be paid by the County;
(vi) if the Improvements are not removed and discontinued as provided in (iv), the Town is authorized to remove
the Improvements and other objects on the Property without any liability therefore and without the necessity
of a hearing or other judicial intervention, with expenses to be paid by the County, and if not paid, the
expenses of removal and discontinuance of use, including any attorney’s fees associated with the removal
and assertion of the Town’s interest;
(vii) the Town shall not be responsible for any damage which may occur to any improvements made by the
County pursuant to this agreement which may be caused by Town maintenance of or improvements to the
West Tryon Street right of way.
The parties further agree that this Encroachment Agreement will be recorded in the registers of deeds
office in the chain of title for the Adjacent Property so that any successor in title to the Property has record notice
of the privileges and obligations associated with this license. The parties also agree that the fees associated with
recording the Encroachment Agreement will be paid by the County.
So agreed this ______ day of _________, 2020.
ORANGE COUNTY
Adjacent Owner
BY: ______________________________
Bonnie Hammersley, County Manager
ORANGE COUNTY, NORTH CAROLINA
I, _________________________, a Notary Public for said County and State, do hereby certify that
____________________________, the Adjacent Owners, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the ____ day of __________, 2020.
(Official Seal/Stamp) _________________________________
Notary Public
My commission expires:______________
***********************************************************************************
TOWN OF HILLSBOROUGH
By:___________________________________
Eric Peterson, Town Manager
ATTEST:
________________________________ (SEAL)
Sarah Kimrey, Town Clerk
**********************************************************************************************
Orange County, North Carolina
I, _________________________, a Notary Public for said County and State, do hereby certify that Eric
Peterson, Hillsborough Town Manager, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and official seal, this the ____ day of __________, 2020.
(Official Seal/Stamp) ______________________________________
Notary Public
My commission expires:______________
Design Narrative for Step Replacement and Site Improvements
at the Whitted Building
The Orange County Purchasing Department would like to repair noncompliant ADA issues at the Whitted
Building on 305 West Tryon St. The existing steps at the main entrance as well as the concrete ramp
between the two buildings do not comply with the latest ADA requirements. The steps are not uniform
in height or slope and they exit onto the existing roadway. The ramp is not compliant in clearances or
slopes. The proposed improvements will include two new pedestrian ramps which will come across
from the existing park lots and meet at a plaza which allows entry to the building or access onto the
existing walk. A new set of steps will be added toward the Health Clinic Building off the new raised
crosswalk.
These improvements will require the narrowing of the existing street and removal of the accessible
spaces now on the north side of the street. These accessible spaces are now captured in the parking
lots located south of the roadway. Two new raised pedestrian crosswalks will be added to allow
pedestrian access from the lots on the southside to the buildings.
All new retaining walls along Tryon Street will have brick matching what was used on the Justice Center
and River park. The brick is Pine Hall Wirecut F/R Modular. The cap will be a precast concrete material.
New metal handrails will be done in the same color, material and shape as used on the Justice Center
Addition and River Park. Any new bollards will be black in color.
Work is expected to begin this summer and be in place by the end of the fall.
I
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Administration/HR
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: Interim Human Resources Director Haley Bizzell
ITEM TO BE CONSIDERED
Subject:
Classification and pay amendment - increase customer service representative from .5 FTE to 1.0 FTE
Attachment(s):
None
Brief Summary:
The billing office is customer service for the town and having only 1.2 FTE’s regularly working behind the counter has
put a strain on everyone, plus staff simply cannot keep up at peak times requiring staff to work overtime. The part-
time position was advertised, and 140 applications were received however, the pool of applicants was found to be
lacking. Increasing the FTE will likely attract more qualified applicants and take the strain off current employees.
Action Requested:
Approve FTE increase for the customer service representative position from .5 to 1.0 FTE.
ISSUE OVERVIEW
Background Information & Issue Summary:
For many years finance had up to 6 people in the billing office: 2 full-time clerks, 2 part-time, utility billing specialist,
and the supervisor. This year the office has been running with only 2.2 FTE’s (clerk, billing specialist and part-time
clerk at 10-12 hours per week). The town has faced various billing issues in the past year due to COVID and other
situations, the office occasionally gets flooded with calls and cannot keep up. Customers get frustrated then start
calling the utility engineering office, water plant, and other locations. In addition, if just one billing person goes down
with COVID or another extended absence we are in a real bind.
Financial Impacts:
Estimated cost increase of $21,406 for salary and benefits.
Staff Recommendations/Comments:
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Public Works
Public Hearing: Yes No
Date of Public Hearing:
For Clerk’s Use Only AGENDA ITEM #
7.A
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Public Works Director Ken Hines
ITEM TO BE CONSIDERED
Subject:
Draft town code amendment regarding parking pad ordinance
Attachment(s):
1. Draft updated version of section 6-29 of the town code
2. BOC minutes from November 2019 and September 2020 re. parking pads
3. Draft parking pad application
4. Parking pad photos
Brief Summary:
Previously, the town board requested staff and the town attorney to continue to research the ongoing parking pad
issue. Town staff drafted the attached amended the ordinance and concurred this revision may provide a solution to
resolve how to restrict construction of new parking pads to only situations where there is no reasonable alternative for
parking at an existing residence.
Action Requested:
Discuss the revised parking pad ordinance and provide guidance to staff. If the language of the revised ordinance is
approved, should there be an application fee for the resident and if so, how much?
ISSUE OVERVIEW
Background Information & Issue Summary:
After an application is received, the Planning Department will review the application to determine if the ordinance
criteria are met. Next, Public Works, Utilities, Stormwater, Public Space and the Fire Inspector will determine if the
parking pad will be in compliance with town standards. If all departments approve, an encroachment agreement will
be placed on the consent agenda. Public Works will draft the encroachment agreement to be signed by the resident
with recording fees for the Orange County Register of Deeds paid by the applicant.
Financial Impacts:
There would be administrative costs for town departments since staff time would be required to follow the new
ordinance procedures.
Staff Recommendations/Comments:
The revised ordinance has been reviewed by the town manager, planning director, town attorneys, and the public
works director and are in concurrence the new amendment may provide a practical solution regarding parking pads.
DRAFT DRAFT
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:
a. 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
b. 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) The town may consider requests for new parking pads only in situations where there is no
reasonable alternative for parking at an existing residence. The presence of all the following
criteria will qualify a property for parking pad consideration:
a. The street is public and not bounded by curb and gutter. Streets with roll curb may be
considered acceptable.
b. There is no existing garage or carport, either attached or detached.
c. The existing driveway is less than 25 feet long and cannot be widened or lengthened
without impacting an existing permanent structure or a tree measuring 12” DBH or
encroaching into a regulatory buffer or otherwise protected area.
(ii) Requests for new parking pads will be reviewed for consistency with the technical
specifications included in the application form by the impacted departments. If the application
meets all standards, an encroachment agreement will be placed on the consent agenda of the
next town board meeting for formal approval. The applicant will be required to record the
encroachment agreement, on the form provided by the town, in the Register of Deeds within
30 days of approval by the town board.
(iii) The board may establish a reasonable fee for the review of parking pad request.
Public Works Director Ken Hines said he has been working with staff to devise an efficient process for
approving parking pads. The proposal includes doubling fees for after-the-fact applications. When asked, staff
confirmed that is a typical practice.
Stevens expressed support for the proposed process.
Public Space Manager Stephanie Trueblood said she was working for the town when the board approved an
amendment to the ordinance to not allow parking pads. She said parking pads have not been allowed in
recent years because they add impervious surface, visually widen roads and remove on-street parking
opportunities.
Hines said one issue with past parking pads was a desire of homeowners to pave them with asphalt.
Ferguson said she would prefer pervious surfaces for parking pads. Trueblood explained that is not possible
because of the type of soil present in Hillsborough. Gravel is not considered pervious in Hillsborough.
Ferguson said she is concerned that residents with low incomes would not be able to pay the fee for a parking
pad. She thinks the possibility of creating a parking pad should be available to all.
Hines said the town could stipulate no asphalt or concrete parking pads. Trueblood said alternatives would
still be an impervious surface and would still widen the driving corridor, which causes drivers to drive faster.
Hines noted that stormwater ditches have to be replaced with covered drainage pipes when parking pads are
built in the right of way.
Bell said the alternative is to have people park on the street. There are many streets in town that are not wide
enough for on-street parking. Bell asked if the alternative is for people to park on the grass. Planning Director
Margaret Hauth said drivers park half on the grass and half on the street. The police officers do not write
tickets for parking on the street, and the parked vehicles calm traffic on the streets.
Weaver noted the board has approved every request for a parking pad that has been brought to the board.
Trueblood said that when the board decided not to allow parking pads, several had been built in the Historic
District and were changing the character of the district. There is gravel in front of every house in the Historic
District that has a parking pad, she said.
Hines said a property owner would still have to seek approval from the Historic District Commission for a
parking pad in the district. It was noted that appeals of Historic District Commission decisions are heard by the
Board of Adjustment and not the Board of Commissioners.
Trueblood said the issue of parking pads should be considered in all neighborhoods all over town. She said
they were disallowed for aesthetic and safety reasons.
Hines said someone on Occoneechee Street has started building one and has been asked to stop work until
the board reaches a decision.
Trueblood said gravel from parking pads washes into the road and storm drains. She said it becomes a public
nuisance.
Town Manager Eric Peterson said that perhaps putting an approval process in place would encourage parking
pads when the board wishes to discourage them. He noted that the Historic District and the Cornwallis Hills
neighborhood are two places with many parking pads. Cornwallis Hills has an old and new section. The old
Nov. 12, 2019
Board of Commissioners Regular Meeting
Approved: ____________________
Page 5 of 13
Dec. 9, 2019E. Draft parking pad review and approval process
Nov. 12, 2019
Board of Commissioners Regular Meeting
Approved: Dec. 9, 2019
Page 6 of 13
section has homes that have been there for more than 30 years, and the homeowners have been getting
along fine without parking pads. He added that the homeowners association for Cornwall Hills has told the
board twice that it does not wish to allow parking pads. He has been asked to speak to the homeowners
association in January about this matter.
Peterson said if it costs the town $400 to approve a parking pad, then perhaps that should be the fee amount.
However, he also understands Ferguson's point about affordability for those with less income.
Weaver said setting up a process will encourage more to be built and added the board wants to be consistent.
Hughes said he does not want to legislate aesthetics. Cars did not exist in 1700, so parking pads are out of
character in the Historic District; but there are times when it makes sense and helps people enjoy their
property.
Trueblood said the parking pads are not built on private property but on town right of way. Hughes said
people do not view it that way.
Stevens noted that sometimes there is a need for a parking pad created by a household situation and not
necessarily due to the unique driveway constraints of a property. The board has heard special household
situations when property owners have come before the board for special permission to build a parking pad.
The town attorney suggested writing language that would read like a variance so a property owner may be
granted permission to build a parking pad if the owner can demonstrate unnecessary hardship would be
suffered with the strict application of the ordinances.
Hines said a property owner may consider it an unnecessary hardship to shuffle three cars around on a
driveway because there isn't space for each vehicle to have access to the road.
The board expressed interest in staff pursuing the language suggested by Hornik and bringing it back to the
board.
Sept. 14, 2020
Board of Commissioners Regular Meeting
Approved: Oct. 12, 2020
Page 2 of 30
A.Request for rate adjustment by Waste Industries, LLC DBA GFL Environmental
This item was tabled when the agenda was adopted.
B.Draft town code amendment regarding parking pad variance
Public Works Director Ken Hines reviewed that the board had asked town staff to work on this some time ago
and Brough Law Firm has been working on this.
Ferguson joined the meeting at 7:06 p.m.
Town Attorney Bob Hornik said the law firm suggests that the Board of Adjustment use criteria established by
the Board of Commissioners to determine whether to permit a parking pad.
Weaver asked for the planning director's thoughts.
Planning Director Margaret Hauth said the variance process used by the Board of Adjustment is readily
available. There is a high bar for issuing variances. She isn't sure there have been five variances issues in her
long duration with the town. She is concerned that setting up a Board of Adjustment process sets up an
untenable situation. She added that it would put the volunteer board in the position of saying no. Public might
think they just apply for variance, not understanding that the proposal is not likely to meet the criteria.
Hauth suggested crafting standards not quite as strict as those for a variance.
Hauth recommended a staff approval process, which Hines has suggested previously.
Hornik said Brough Law Firm's thought process was to not make it too easy for homeowners to have parking
pads because otherwise the town does not generally allow them.
Sept. 14, 2020
Board of Commissioners Regular Meeting
Approved: Oct. 12, 2020
Page 3 of 30
Weaver reviewed that parking pads are not allowed but the town has allowed existing to remain and the
board granted all the requests for parking pads that have been brought before the board. Also, there has
been some tension between the board's permission granted and neighborhoods that don't want parking
pads.
Bell asked for clarification on what is meant by public right of way.
Hauth said public right of way is not owned personally but by the North Carolina Department of
Transportation. In old sections of town, landowners own to the center of the road and the town has an
easement. Homeowners are asked to maintain the right of way that is between their property and the road.
She added that if an owner wanted to install a parking pad on their private property, then the town may not
be involved. The town is involved with parking pad applications that would occur within the right of way.
Bell said he is not in favor of creating private parking in public space that is a right of way under which utilities
may run.
Hughes joined the meeting at 7:17 p.m.
Board members asked questions. If town allowed parking pads and a homeowners association did not, then a
resident could not build the parking pad.
Lloyd expressed concern about cars parked in the road obstructing emergency vehicles.
Hughes wondered if it is possible for the Board of Adjustment to have an administrative role rather than a
quasi-judicial role. Hornik said yes.
Town Manager Eric Peterson said he can think of two reasons to permit a parking pad: if a residential unit
cannot otherwise create a driveway or if the current parking option is dangerous to use.
Hughes would like to see some flexibility.
Ferguson and Bell expressed support for restricting the building of parking pads to the reasons Peterson
named. Bell added that visual examples for the next discussion would be helpful.
No action was taken.
101 E. Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278
919-732-1270 • Fax 919-732-3921
Hillsborough Parking Pad Application
Application Fee: $100.00 (includes encroachment agreement recording fees)
After the Fact Application Fee: $200.00 (includes encroachment agreement recording
fees)
_____ - ____ - ________ ___________________________________
PIN Address of Project
____________________________ ____________________________________
Applicant Name Property Owner (if different than applicant)
____________________________ ____________________________________
Applicant’s Mailing Address Property Owner’s Mailing Address
____________________________ ____________________________________
City, State, Zip City, State, Zip
_____________________________ _____________________________________
Applicant’s Phone Number Property Owner’s Phone Number
_____________________________ _____________________________________
Applicant’s E-mail Property Owner’s Email
Description of Proposed Work: _______________________________________________
___________________________________________________________________________
If applicable, was the parking pad approved by the neighborhood HOA? ________
Application must include a detailed scale drawing of the parking pad on an 8.5” x 11” sheet
of paper illustrating location of the parking pad in the public right-of-way and the
construction methodology and materials to be used. Please include six copies of the
application or send information electronically.
Please note that if the property is in the historic district, please contact Justin Snyder, town
historic district representative, at 919-296-9473 for construction standards and requirements
in the historic district.
The minimum length and width of the parking pad is 9’ x 18’. The parking pad should be
designed so that existing stormwater drainage patterns are not impeded or otherwise altered.
No parking pads may be placed over utility water valves, meter boxes, valve vaults, sewer
cleanouts, manholes or within water or sewer easements
101 E. Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278
919-732-1270 • Fax 919-732-3921
The parking pad application will be reviewed by the following departments: Public Works,
Utilities, Planning/HDC, Stormwater, Public Spaces and the Fire Marshall. Upon approval
by all departments, then an encroachment agreement to allow the parking pad will be placed
on the Town Board consent agenda. If any department disapproves of the proposed parking
pad and an amicable solution cannot be reached, then the request will be placed on the
regular agenda for consideration by the Town Board.
Once approved by the Town Board, the applicant shall come to Town Hall to sign the
encroachment agreement. The agreement includes the statement, “The Adjacent Owners
agree to, and hereby do, hold the Town harmless from any damage to the parking pad in the
public right-of-way which may be caused by the Town’s routine maintenance of the
Property.” The encroachment agreement will be recorded at the Orange County Register of
Deeds.
101 E. Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278
919-732-1270 • Fax 919-732-3921
Hillsborough Parking Pad Application
Departmental Review (Procedures)
Sequence of Parking Pad Review
1. Once Public Works has received a completed application, it will be distributed to
all departments.
2. Departments will review the application and either approve or make comments
about corrections that are needed before it can be approved by your department.
3. Once it has been approved, please notify Ken Hines. If all departments approve,
the application will be placed on the consent agenda.
4. If the application has not been approved, please notify Ken Hines and provide
information why it was not approved. The application would then be placed on
the regular Town Board agenda.
5. If approved, staff will prepare a recordable encroachment permit document,
contact the applicant to secure their notarized signature, and have the document
recorded in the Register of Deeds.
Encroachment Agreement Fees From Local Municipalities
Apex - $250
Carrboro - $100
Mebane - $100
Burlington - $75 initial fee
Town Costs
Town cost for the parking pad review process from: Public Works, Utilities, Stormwater
Department, Planning/Historic District, Public Spaces, Fire Marshall, attorney fees and
recording fees is estimated at $400.
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Planning
Public Hearing: Yes No
Date of Public Hearing:
For Clerk’s Use Only AGENDA ITEM #
7.B
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager
ITEM TO BE CONSIDERED
Subject:
Request to close two unopened rights of way off Lakeshore Drive – Call public hearing
Attachment(s):
1. Request to close an unopened right of way
2. Map and plat
3. Resolution of intent to close
Brief Summary:
Staff has received the enclosed request to close two unopened rights of way along Lakeshore Drive, near the back of
Central Elementary School. The two rights of way are shown on a recorded plat, but appear in the land records as
deed gaps (meaning there is a gap or space between two adjoining deeds).
Action Requested:
If the board is willing to pursue this request, call a public hearing for the December regular meeting and adopt the
resolution of intent to close a right of way.
ISSUE OVERVIEW
Background Information & Issue Summary:
State law requires that a public hearing be called before a right of way is closed and the hearing must be advertised
for 4 weeks. The December regular meeting is the soonest this request could be heard. State law also provides that a
closed right of way reverts to the adjoining property owner along the centerline.
The rights of way connect to one another, Hill Avenue cannot be closed without also closing the small portion of
Lakeshore Drive. Since Orange County Schools is impacted by this request, I’ve contacted their staff so they have a
little additional time to review the request.
Financial Impacts:
Staff Recommendations/Comments:
Esequiel Espitia
315 Lakeshore Drive
Hillsborough, NC 27278
Board of Commissioners
Town of Hillsborough
101 E. Orange St.
Hillsborough, NC 27278
Mayor Stevens, Mayor Pro Tem Weaver, Commissioner Bell, Commissioner Ferguson,
Commissioner Hughes, and Commissioner Lloyd,
I am writing to request that the Town of Hillsborough close two portions of unopened town
private right-of-way named “HALL AVENUE UNOPENED 60’ PRV R/W DEED GAP” and
“LAKESHORE DR EXT UNOPENED 60’ PRV R/W DEED GAP”. These were deeded and approved
in 1957 and have never been developed. The unopened right-of-way “Hall Avenue” area is
60’x ~357. The unopened right-of-way “Lakeshore Dr Ext” area is 60’x~200’. Both are dead
ends and it is unused.
I’ve attached the deed showing the area in relation to the surrounding parcels and streets. I am
the current owner of Tract 1(315 lakeshore drive) and Tract 2 (the PRV R/Ws). Please take my
request under consideration.
Esequiel Espitia
Orange County
October 9, 2020
0 0.02 0.040.01 mi
0 0.03 0.060.015 km
1:1,200
9864476556PIN:
SECHRIST OLAND DENNISOWNER 1:
1 RUTH MCBROOM P6/94LEGAL DESC:
4839/32DEED REF:
1
BLDG_VALUE:
LAND VALUE:
USE VALUE:
TOTAL VALUE:
1.51 ASIZE:BUILDING COUNT:
OWNER 2:
ADDRESS 1:
ADDRESS 2:
315 LAKESHORE DR
CITY:HILLSBOROUGH
STATE, ZIP:NC 27278
RATECODE:23
DATE SOLD:10/12/2009
BLDG SQFT:1657
YEAR BUILT:1970 TAX STAMPS:0
TOWNSHIP HILLSBOROUGH
This map contains parcels prepared for the inventory of real property within Orange County, and is compiled from recorded deed, plats, and other public records and data.
Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map.
The county and its mapping companies assume no legal responsibility for the information on this map.
TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS
RESOLUTION OF INTENT TO PERMANENTLY CLOSE
Unopened 60’ right of way known as Hall Avenue running west from Lakeshore Drive and
an unopened 60’ right of way known as Lakeshore Drive extension running south from
Hall Avenue to the southern property boundary of the applicant parcel
PURSUANT TO
NORTH CAROLINA GENERAL STATUTE § 160A-299
IT IS HEREBY RESOLVED by the Town of Hillsborough Board of Commissioners on
this 9th day of November 2020 that the Town of Hillsborough intends to officially close two
unopened rights of way, shown on the plat recorded at Plat book 6 Page 94, such rights of way
being shown as deed gaps in the Orange County Land Record system for parcel 9864476556 ; and
it further
RESOLVED that the Town of Hillsborough Board of Commissioners shall conduct a
public hearing to consider the closure of the aforesaid rights of way as described above on the 14th
day of December, 2020 at 7 o’clock p.m. The hearing will be held remotely due to the current
pandemic state of emergency. During the public hearing any person may be heard on the question
of whether or not the closing would be detrimental to the public interest or to the property rights
of any individual; and it is further
RESOLVED that a copy of this resolution shall be published once a week for four
successive weeks prior to the public hearing and a copy of this Resolution shall be sent by certified
mail to all owners of property adjoining the right of way which is proposed to be closed, as shown
on County Tax Records, that a Notice of Public Hearing shall be prominently posted in at least
two places along the right of way and that a map showing the portion of the right of way that is
proposed to be closed is available for review at the office of the Town Clerk.
ADOPTED this 9th day of November 2020.
Dated: _______________ Sarah E. Kimrey, Interim Town Clerk
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Planning
Public Hearing: Yes No
Date of Public Hearing: Oct. 26, 2020 & Nov. 9, 2020
For Clerk’s Use Only AGENDA ITEM #
7.C
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager
ITEM TO BE CONSIDERED
Subject:
Resolution to authorize submittal of Community Development Block Grant – Coronavirus Application
Attachment(s):
1. Resolution authorizing application
Brief Summary:
The town is completing its application for CDBG-CV funding to support the Emergency Housing Assistance program
administered by Orange County. The town has previously allocated over $53,000 of CRF funds to support town
residents. The application requests through October have totaled over $160,000.
Action Requested:
Conduct public hearing.
ISSUE OVERVIEW
Background Information & Issue Summary:
Orange County has received the maximum award of $900,000. Carrboro is applying for the maximum amount.
Chapel Hill is an entitlement area and is not eligible for these funds. Hillsborough is applying for $600,000. The town
will contract with Orange County to administer these funds, consistent with the current program guidelines.
The CDBG-CV funds can be used for 30 months and will fill an important looming gap in this program. The program
allows for up to 10% of the funds on the administration of the program. This would make $540,000 available for
assistance and cap administration support at $60,000.
The town will also accept written comments on this potential application through 8:00 p.m. on November 10, 2020 to
comply with state requirements for handling remote hearings during the pandemic.
Financial Impacts:
The town will be responsible for the reporting and compliance of this program with federal guidelines.
Staff Recommendations/Comments:
RESOLUTION APPROVING THE TOWN OF HILLSBOROUGH
APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING FOR THE ORANGE COUNTY EMERGENCY
HOUSING ASSISTANCE FUND
WHEREAS, the Town of Hillsborough, in partnership with Orange County and the towns of Chapel
Hill and Carrboro, aligned the requirements for each jurisdictions’ housing support
programs to collaborate and establish a single point of entry for residents in need of
housing support throughout the county; and
WHEREAS, the Orange County Emergency Housing Assistance Fund, formerly called the Housing
Stabilization Fund, became that single point of entry during 2020; and,
WHEREAS, the Town of Hillsborough has provided $53,723.67 of its Coronavirus Relief Funds to the
Orange County Emergency Housing Assistance Fund to assist residents of the Town of
Hillsborough. By October 2020, the need for Hillsborough residents exceeded $160,000
based on applications; and
WHEREAS, the Town of Hillsborough desires to support its residents seeking assistance through the
Orange County Emergency Housing Assistance Fund in order to stabilize town residents
and the local housing market in the wake of the COVID-19 pandemic; and,
WHEREAS, the Town of Hillsborough has held two public hearings concerning the proposed
application for Community Development Block Grant funding to benefit the Orange
County Emergency Housing Assistance Fund; and,
WHEREAS, Orange County will be administering the EHA program and has adopted a citizen
participation plan in accordance with CGBG funding guidelines, and all implementation,
assessment, and technical assistance plan components will be completed by the County
on behalf of the Town of Hillsborough; and
WHEREAS, the Hillsborough Board of Commissioners wishes the town to pursue a formal
application for Community Development Block Grant funding to benefit the Emergency
Housing Assistance Fund; and
WHEREAS, the Hillsborough Board of Commissioners certifies that the town will meet all federal
regulatory and statutory requirements of the State of North Carolina Community
Development Block Grant Program,
NOW, THEREFORE BE IT RESOLVED, by the Hillsborough Board of Commissioners that the Town of
Hillsborough is authorized to submit a formal application on behalf of the town to the North
Carolina Department of Commerce for approval of a Community Development Block Grant to
benefit the Emergency Housing Assistance Fund.
BE IT FURTHER RESOLVED, that the application shall not be submitted until 24 hours after the
approval of this resolution AND that if any written public comments are received during that time,
the Hillsborough Board of Commissioners shall reconvene to consider the comments and adopt a
new resolution authorizing the application, consistent with S.L. 2020-3, SB 704.
Adopted this 9th day of November, 2020, in Hillsborough, North Carolina.
SEAL
Jenn Weaver, Mayor
Hillsborough
ATTEST:
Sarah E. Kimrey, Interim Town Clerk
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Planning
Public Hearing: Yes No
Date of Public Hearing:
For Clerk’s Use Only AGENDA ITEM #
7.D
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Margaret Hauth, Planning Director/Assistant Town Manager
ITEM TO BE CONSIDERED
Subject:
Resolution approving a minor amendment to the Water and Sewer Boundary and Planning Agreement affecting
approximately 30 acres south of Chapel Hill
Attachment(s):
1. Citizen request
2. Map
3. Resolution
Brief Summary:
The three municipalities, county, and Orange Water and Sewer Authority (OWASA) entered into the first planning
agreement in 2001 to establish annexation and service boundaries for all parties. This agreement has been amended
over the years. This request was initiated by property owners in Chapel Hill. Chapel Hill approved this amendment at
the end of October.
Action Requested:
Approve the resolution amending the Water and Sewer Boundary and Planning agreement as requested.
ISSUE OVERVIEW
Background Information & Issue Summary:
The southern boundary for OWASA was intended to follow a ridgeline to help ensure gravity sewer service, but the
line was not based on a survey. The subdivision in question was developed prior to the agreement. OWASA staff
have determined that connection to the two undeveloped lots on this street can be accomplished. Placing all lots in a
subdivision within the boundary seems to be a reasonable request.
Financial Impacts:
None
Staff Recommendations/Comments:
Staff from all the jurisdictions have begun discussion about a possible agreement amendment to create an
administrative method for minor adjustments to the boundary, especially when better mapping become available. Any
feedback on this idea is also welcome.
P.M . Dubbeling, PLLC
14 February 2020
210 North Columbia Street
Chapel Hill, NO 27514
Kaitlin O'Connor
Phone: 919-635-6005
Fax: 919-404-7074
kait lin.oconnor@pmdubbeling.com
Petition for Approval to Hook Up Existing Water and Sewer Lines at 1204 and
1205 Bayberry Lane in Chapel Hill
Chapel Hill residents Frank Baumgartner and Rachel Sumney petition the Town of
Chapel Hill to allow the Orange County Water and Sewer Authority ("OWASA") to provide
water and sewer services to 1204 and 1205 Bayberry Drive in Chapel Hill. This petition is
made for the following reasons:
Background
Frank Baumgartner and Rachel Sumney own lots located in the Hunt's Reserve
neighborhood in Chapel Hill-Lots 1204 and 1205 respectively on the attached map.
Attachment 1. As part of the initial development in the late 1990's, water and sewer lines
were laid to all the lots in Hunt's Reserve, including 1204 and 1205 Bayberry Lane. At that
time, the entirety of Hunt's Reserve was located within the OW ASA service boundary and it
was understood that all of the lots would have water and sewer service provided by
OWASA.
In 2001, Orange County, OWASA, and the Towns of Chapel Hill, Hillsborough, and
Carrboro entered into a Water and Sewer Management, Planning, and Boundary
Agreement ("WSM:PBA"). The WSMPBA set the OW ASA primary service boundary so that
it runs down the middle of Hunt's Reserve. Attachment 1 . As shown on the map, lots 100,
P.M . Dubbeling, PLLC
1200, 1202, 1204, 1205, and 1203lie outside the current boundary. At that time,
development oflots 100, 1200, 1202, and 1203 had already begun and water and sewer
services were provided to those lots despite their lying outside the new boundary -leaving
1204 and 1205 v.-ith water and sewer lines laid, but without actual water and sewer service.
Ms. Sumney bought her lot prior to 2001 and always understood that it would be
provided water and sewer service. She did not find out that it was now outside the OWASA
service boundary until she recently began to prepare the lot for sale. Mr. Baumgartner
bought his lot more recently, but also was unaware that the lot did not currently have
water and sewer service as this did not become apparent during the standard pre-purchase
procedures. He only became aware of this in speaking with Ms. Sumney.
Petition
Under the WSMPBA, service to the lots at 1204 and 1205 Bayberry Lane may only
be turned on with the approval of each party to the WSMPBA. Attachment 2 at page 2. This
petition asks for such approval from the Town of Chapel Hill. Permission of the other
parties is being sought simultaneously.
Service to 1204 and 1205 Bayberry Lane comes at no additional cost to any party to
the WSMPBA that will not be fully recouped from fees paid by the residents. There are
existing water and sewer lines that only require "hook up." Each of the other lots in the
subdivision is currently provided service and, at the time Mr. Baumgartner and Ms.
Sumney purchased these lots, they did so with the understanding that the lots would also
be within OWASA's service boundary. Mr. Baumgartner and Ms. Sumney only became
aware that the lots were now outside the boundary when Ms. Sumney prepared to sell and
develop her lot.
P.M. Dubbeling} PLLC
1204 and 1205 Bayben-y Lane are in a very rare if not unique situation-water and
sewer lines have already been laid and service was anticipated prior to the change in
boundaries in 2001. By accepting this petition, no party runs the risk of creating a
precedent whereby other properties currently outside the OWASA boundary have a rightful
claim to service. OWASA is only being asked to turn on service through already existing
lines. Conversely, providing services to 1204 and 1205 Bayberry Lane does not provide
grounds for expanding other services areas in Orange County. Again, these lines have
already been laid and the only thing needed is permission to utilize them. Providing
services to 1204 and 1205 Bayberry Lane will not negatively impact any party or subvert
the purpose of the WSMPBA.
Conclusion
Mr. Baumgartner and Ms. Sumney respectfully request that the Town of Chapel Hill
approve this Petition by stating that it has no objection to OW ASA providing services to
1204 and 1205 Bayberry Drive in Chapel Hill.
Should any member of the Council or Town Staff have any questions, I can be
reached at the email or phone number below.
This the 14th day of February, 2020.
~ 06?U!!z±: .G,.-Pt.tul 't16heJitt4
Pa: M. Dubbeling J
P .M. Dubbeling, PLLC
210 North Columbia St1·eet
Chapel Hill, NC 27514
Phone: 919-635-6005
Fax: 919-404-7074
paul .dubbeling@pmdubbeling.com
Attorney for Mr. Baumgarter and Ms. Sumney
M a s o n
M a s o n
F a r m
F a r m
B i o l o g i c a l
B i o l o g i c a l
R e s e r v e
R e s e r v e
L a u r e l H i l l
L a u r e l H i l l
N a t u r e
N a t u r e
P r e s e r v e
P r e s e r v e
P a r k e r
P a r k e r
P r e s e r v e
P r e s e r v e
W a s t e w a t e r
W a s t e w a t e r
T r e a t m e n t P l a n t
T r e a t m e n t P l a n t
Morgan
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SILERS FEN CTQUARRY PLFLAGSTONE CT
BAYBERR Y D R
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¯Map Created: 10-07-20
Planning Department
Proposed WASMPBA Boundary
Amendment Map
0 0.1 0.20.05 Miles
Orange Co. PIN(s):
9797182425 (portion); 9797184466 (portion); 9797185863 (portion);
9797187741; 9797196038 (portion); 9797198078; 9797280531;
9797283600; 9797285945; 9797290337 (portion); 9797293252
Legend
Proposed Boundary Amendment
Chapel Hill Corporate Limits
Chapel Hill ETJ
Existing OWASA Primary Service Area
(under WASMPBA)
RESOLUTION AMENDING
Water and Sewer Management, Planning and Boundary Agreement
Designate 31.88 acres in the southeast chapel hill area as “OWASA Primary Service Area”
WHEREAS, in 2001, Carrboro, Chapel Hill, Hillsborough, Orange County, and OWASA adopted a Water and Sewer
Management, Planning and Boundary Agreement (“Agreement”); and
WHEREAS, the Agreement was last amended on October 6, 2020, and
WHEREAS, Chapel Hill residents Frank Baumgartner and Rachel Sumney submitted a petition to the Town of Chapel
Hill on February 26, 2020, requesting that the Town allow OWASA to provide water and sewer services
to 1204 and 1205 Bayberry Drive in Chapel Hill; and
WHEREAS, the two lots in question are immediately adjacent to other residential lots that receive OWASA services,
and are located on the eastern side of the Hunt’s Reserve neighborhood which is predominately located
in the “OWASA Primary Service Area” as defined in the Agreement; and
WHEREAS, OWASA staff have advised that from an engineering perspective, it is feasible to provide water and
sewer service to all lots in the Hunt’s Reserve neighborhood; and
WHEREAS, the Town of Chapel Hill staff has determined that it is reasonable to include all lots and portions of lots
accessed via Bayberry Drive within the boundary of the OWASA Primary Service Area, in order to
provide consistent water and sewer policy for all lots in the Hunt’s Reserve neighborhood; and
WHEREAS, eleven lots or portions of lots accessed via the eastern end of Bayberry Drive, constituting a total area of
approximately 31.88 acres, are currently designated as “OWASA Long-Term Interest Area” in the
Agreement; and
WHEREAS, amendments to the Agreement require the approval of all signatories to the Agreement.
NOW THEREFORE, BE IT RESOLVED that the Hillsborough Town Board of Commissioners approves amendments to
Appendix A of the Agreement to designate approximately 31.88 acres in the southeast Chapel Hill area as an addition to
the “OWASA Primary Service Area”, as shown on the map attached hereto.
Upon motion of Commissioner ____________________________, seconded by Commissioner
________________________________, the foregoing amendments were adopted this the 9th day of November, 2020.
__________________________________________
Sarah E. Kimrey, Interim, Town Clerk
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Police
Public Hearing: Yes No
Date of Public Hearing:
For Clerk’s Use Only AGENDA ITEM #
7.E
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Police Chief Duane Hampton
ITEM TO BE CONSIDERED
Subject:
Noise Ordinance Discussion Follow up
Attachment(s):
1. Explanations and Recommendations
Brief Summary:
This is a continuation of the discussion from the Oct. 26 workshop. Earlier this year there was significant discussion
around noise issues related to 137 W. Margaret Lane. Before any final decisions could be made, COVID hit and
significantly impacted businesses and no further movement on this item continued. Now that some of the restrictions
have been lessened, we are bringing this item back to the board in order to move toward final decisions so that any
needed ordinance changes can be made.
Action Requested:
Consider the options and give final direction so ordinance changes can be drafted for board approval.
ISSUE OVERVIEW
Background Information & Issue Summary:
Noise issues between residents and the business at 137 W. Margaret Ln. have been an ongoing source of
complaints and tensions. Several years ago, we made changes to the noise ordinance to try to address the issues
related to amplified sound, but those changes have not solved the problem as we hoped and complaints continue.
As a result of the discussion and feedback from the board during the meetings late last year and earlier this year, it is
clear that some changes need to be made to more effectively control the impact amplified sound has on residential
property.
Financial Impacts:
None
Staff Recommendations/Comments:
Consider the proposed changes and give final direction so ordinance changes can be drafted for board approval.
11-09-20 Amplified Sound - Explanations and Recommendations
Explanations
1. There was some feedback from Board members about delaying action on this item. We
feel this issue needs to be addressed so we can move on to other priorities. As
businesses begin to reopen post-COVID and new businesses open, this issue is only
going to get more complicated. The longer we wait, the more likely we will have to redo
the work we have done and repeat this discussion we have had. We know our current
process is not working and establishing the changes now will provide businesses clear
expectations as things start to open up.
2. As a town, we have to find a balance between our businesses desire to operate within
their model, and our residents desire not to be impacted by that activity. In the area of
amplified sound, conflict between these two desires is primarily limited to late night.
3. Our current provisions related to amplified sound are not effectively addressing that
balance. They are also difficult and time consuming for our officers to enforce, often
tying them up unproductively during some of our busiest times.
4. This discussion is focused on one aspect of noise in our town – the impact of amplified
sound on residential property. Any proposed changes are intended to apply narrowly to
that aspect.
5. Much of this discussion has been focused on businesses, but any changes made would
apply to all amplified music including music coming from residential locations.
6. Previous discussions have characterized the proposed change as an “absolute cutoff”
and been interpreted to mean that amplified sound must be cut off. This is not the
intent. Amplified sound may continue, just within specific restrictions. Rather than
relying on dB measurements as a violation threshold, we are proposing it be simplified
to a prohibition that amplified sound not be heard and disturbing to nearby residences
after certain times.
7. There was some discussion about the measurement location. Under the current
ordinance, when dB readings are required, they are taken from the property line of the
nearest residential property. This is done to account for the fact that we may not always
know where the complaint is coming from. Generally we do know the source, but it is
understandable to us that someone may call 911 trying to get the noise to stop and
does not want to have to interact with a police officer at 1:00 in the morning. Having
this as the measuring location also allows for the business to self monitor without
having to go onto someone’s property.
Recommendations
Recommendation #1 – Redefining limits for Amplified Sound
Current Standard:
• 65dB(A) Sun-Thurs 7am – 11pm, Fri-Sat 7am-Midnight (“daytime’)
• 55dB(A) Sun-Thurs 11pm-7am, Fri-Sat midnight to 7am (“nighttime”)
Recommended Change:
• 65dB(A) Sun-Thurs 7am – 11pm, Fri-Sat 7am-Midnight (“daytime”)
• Outside of those times, amplified sound that can be heard and is disturbing to
any residential property is in violation. (“nighttime”)
Explanation/Discussion: Under the current ordinance, it is clear that sound can be
under the threshold that we have set, yet still be disturbing to residents due to issues of
bass and how sound carries. In addition, identifying and documenting violations is
technically challenging and time consuming for officers in the field. This recommended
change addresses both problems. It allows for a simpler and easier to identify threshold
for violations, and one that can be assessed and addressed quickly by officers.
Enforcement would remain complaint, driven. We would have to receive a complaint on
the noise, and then the officer would have to be able to hear the sound.
Recommendation #2 – Establish Civil Penalty
Current Standard:
• No Civil Penalty, only criminal enforcement
Recommended Change:
• Establish a civil penalty as follows:
o In a 12-month period:
1st Violation would receive a warning
2nd Violation $50 civil penalty
3rd Violation $100 civil penalty
4th violation $250 civil penalty
5th and subsequent violations $500 civil penalty
o Any violation that continues after being notified that they are in violation
shall constitute a separate violation.
o Penalty would be assessed against the business or the person in control
of the property.
o Appeals of violations would be made the Chief of Police, and if not
resolved then elevated to the Board.
Explanation/Discussion: Establishing a civil penalty allows for enforcement of this
provision of the ordinance without making it a criminal issue. The civil penalty structure
has been adjusted n from what was introduced on 10/26/20 based on board feedback.
A warning step has been added, making the more significant penalties (more than $200)
not come into play until a 4th violation.
We feel this scaled penalty is appropriate as a balance between allowing for good faith
errors and providing effective deterrent for chronic violators. With the recommended
limits, it should be much easier for a business to determine if their music can be heard
at a residential property and therefore possibly be disturbing.
We recommend that the appeals process start with the police department and (based
on Board feedback) be elevated to the Board if not resolved. We believe this does not
need to be codified. This will allow us to easily adjust the appeals process in the future.
Recommendation #3 – Special events exceptions
Current Standard:
• Exceptions to the limits can be granted through the special events process.
• A location may be granted up to 4 sound exemptions per calendar year.
• Exemptions allow the daytime amplified sound limit of 65 dB(A) to extend until
1:00 am.
• Locations granted an exception must notify residents within 500 ft at least 5 days
in advance of the event.
Recommended Change:
• Continue to allow 4 exceptions per year for a location by special events permit.
• Clarify that the exceptions are for single nights – 4 nights a year.
• Remove the specific time/dB thresholds and allow staff to make determinations
on a case by case basis.
Explanation/Discussion: We feel that it is important to allow some exceptions for
special events. We feel that allowing for four nights a year is reasonable and we have
received feedback from impacted citizens that supports this.
Using special events process allows for us to better monitor late night sound events. We
can ensure we have staff available, that our equipment is working, and that any needed
refresher training has been done.
Removing the specifics and allowing this to be determined by staff will allow for
adjustments to be made based on the specific needs of the event. This will also allow for
situation where impacted residents may be supportive of events going later or events
being louder. We believe that one-size-fits-all may not be the best course.
Recommendation #4 – Outdoor Amplified Sound
Current Standard:
• Our current ordinance does not specifically address Outdoor Amplified Sound
Recommended Change:
• Establish a time after which outdoor amplified sound that can be heard and is
disturbing to any residential property is in violation. Our recommendation is
9:00.
And/or
• Only allow outdoor amplified sound by special events permit
Explanation/Discussion: The discussions on 10/26/20 indicated that there was interest
in doing something to address potential outdoor amplified sound. Generally outdoor
amplified sound, especially later at night, is anticipated to be more disturbing to
impacted residents as there is less to filter/reduce the noise they may experience.
We do have concerns about unintended consequences that could result and are open to
not addressing this specifically or other options the Board may suggest.
Setting a clear point at which outdoor music cannot disturb residents is the clearest way
for officers to identify violations and act.
Board of Commissioners
Agenda Abstract Form
Meeting Date: Nov. 9, 2020
Department: Administration
Public Hearing: Yes No
Date of Public Hearing: ________________
For Clerk’s Use Only AGENDA ITEM #
7.F
Consent
Agenda
Regular
Agenda
Closed
Session
PRESENTER/INFORMATION CONTACT: Eric Peterson, Town Manager
ITEM TO BE CONSIDERED
Subject:
Hot topics for work session Nov. 23, 2020
Attachment(s):
None
Brief Summary:
There are currently no topics for the Nov. 23 workshop. If there are no issues the board or staff would like to add by
the time of the regular board meeting on Nov. 9, the board has two options:
1. Cancel the workshop
2. Wait until about Nov. 19 to cancel the meeting, to see if any items of significance come up
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: Nov. 9, 2020
Department: All
Public Hearing: Yes No
Date of Public Hearing:
For Clerk’s Use Only AGENDA ITEM #
8.C
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
ADMINISTRATION DEPARTMENTAL REPORT
Human Resources/Town Clerk Report: October 2020
Meetings and events
• Countywide Racial Equity Plan meeting (10/5/20)
• Board of Commissioners regular meeting (remote) (10/12/20)
• Meeting with GARE Regional Director (10/20/20)
• NCHIP Board meeting (10/21/20)
• Countywide Racial Equity Core Team Meeting (10/22/20)
• Board of Commissioners work session (remote) (10/26/20)
• Weekly management team plus COVID-19 meetings
• Weekly human resources team meeting
• Monthly Triangle J Council of Government HR Roundtable conference calls
• Monthly management team meeting
Employee Events and Training
• None
Recruitment and Selection (* = filled)
• Police Officer
o Recruitment opened (2/19/20)
o Continuous recruitment (125 applicants to date)
o Start date (trainee): 3/2/20
o Start date: 9/14/20
o Start date: 10/12/20
• Accounts Payable Technician*
o Recruitment opened (8/14/20)
o Recruitment closed (8/27/20) (87 total applicants)
o Start date: 10/26/20
• Customer Service Representative (Part-time)
o Recruitment opened (9/21/20)
o Recruitment closes (10/5/20) (171 applicants to date)
o Recruitment extended closes (11/3/20) (291 applicants to date)
• Equipment Operator Trainee/Equipment Operator I
o Recruitment opened (9/3/20)
o Recruitment closed (9/17/20) (23 total applicants)
o Interviews scheduled (10/8/20)
o Recruitment extended closed (10/26/20) (59 total applicants)
o Applications are being reviewed
• Utility Maintenance Technician I, II or III*
o Recruitment opened (9/11/20)
o Recruitment closed (9/27/20)
o Start date (11/2/20)
• Hiring freeze in place due to COVID-19
Pay and Benefits
• Biweekly payroll (3)
• FMLA – 8 Notice of Eligibility and Rights & Responsibilities sent (2020)
Wellness
• Weekly onsite nutrition counseling (offered remotely)
• Wellness mini-grant program
Performance Evaluation
• Maintained NEOGOV PE system
Professional Development
• UNC School of Government Fundamentals of Supervision (Haley) (9/14/20-9/18/20; 9/28/20-
10/1/20)
• UNC School of Government Clerks Certification Institute (Sarah) (10/19-10/23/20)
• NC Plans Roadmap to Retirement (Haley) (10/22/20)
Miscellaneous
• None
Public Information Office Report: October 2020
News Releases/Minutes
• Issued 18 news releases and 2 bid postings.
• Completed minutes for 3 town board, 2 joint public hearing and 1 advisory board meetings. Reviewed
minutes for 1 Water and Sewer Advisory Committee meeting.
EMAIL SUBSCRIPTIONS (as of Oct. 31)
List Subscribers Change
Total 1,402 ↓ 5
News releases 1,140 ↓ 6
Meeting notices 708 ↓ 6
Bid postings 586 ↓ 2
Citizens newsletter 1,284 ↓ 2
TOP 10 MOST-VIEWED NEWS RELEASES: WEBSITE
Headline Views
Hillsborough Housing Wins Award 877
Health Officials Discourage Trick-or-Treating and Trunk-or-Treating 758
Early Voting Starts This Week in Orange County with Changes due to COVID-19 230
Free Weekly COVID-19 Testing in Chapel Hill (September release) 226
Orange County Moves into Phase 3 of State’s Reopening Plan 202
Second Orange County Road to Close Temporarily for Improvements Related to
Hillsborough Reservoir
168
Orange County Ensuring Safe Voting during Pandemic 158
Monthly COVID-19 Testing to Be Offered in Hillsborough (September release) 156
Photo of Young Trick-or-Treater with Officers Is a Winner 74
Orange County Roads to Close Temporarily for Improvements Related to
Hillsborough Reservoir Project (August release)
71
TOP 10 MOST-VIEWED NEWS RELEASES: EMAILS
Headline Views
Orange County Moves into Phase 3 of State’s Reopening Plan 542
Health Officials Discourage Trick-or-Treating and Trunk-or-Treating 512
Photo of Young Trick-or-Treater with Officers Is a Winner 509
High Winds Pose Danger 500
Orange County Ensuring Safe Voting during Pandemic 493
Hillsborough Housing Wins Award 482
Daily Weekday COVID-19 Testing to Be Offered in Hillsborough 460
Orange County Health Department Urges the Community to Get a Flu Shot 457
Second Orange County Road to Close Temporarily for Improvements Related to
Hillsborough Reservoir
451
Sidewalk Construction Underway on West King Street 432
Social Media
• Concluded participation in #MaskUpOCNC and census campaigns.
FACEBOOK STATISTICS (as of Oct. 31)
75 posts 2 responses to comments
Follows Change
4,214 likes ↑ 18
4,375 follows ↑ 18
TOP 5 POSTS
Post People reached Link clicks
#LoveHillsborough installation and artist photos 7,077 No link
American chestnut trees growing on Town Hall Campus photos 4,664 28
Early Voting Starts This Week in Orange County with Changes due to
COVID-19
2,307 8
Monthly COVID-19 testing starts in Hillsborough reminder 2,279 19
Eno River Parking Deck home to #LoveHillsborough mosaics with
photos of installation progress
1,956 No link
TWITTER STATISTICS (as of Oct. 31)
64 tweets 1 response to tweets
Follows Change
2,538 ↑ 18
TOP 5 TWEETS
Tweet Impressions Link clicks
Videos
• Started planning small video series featuring Tree Board members with tips to ensure healthier trees
and a better wildlife habitat in town, such as how to remove English ivy and why a property owner
should consider keeping fallen leaves on site.
• Conducted troubleshooting with Planning Department on livestreaming an advisory board meeting
from Zoom.
YOUTUBE STATISTICS (as of Oct. 31)
Subscribers Change
2,832 ↑ 1
NEW VIDEOS
Video YouTube
Views
Facebook
Reach
Posted
Water and Sewer Advisory Committee 45 N/A Oct. 1
Tourism Board 39 N/A Oct. 5
Historic District Commission Meeting 38 N/A Oct. 7
Tourism Development Authority 17 N/A Oct. 14
Board of Adjustment 27 N/A Oct. 14
Joint Public Hearing 35 N/A Oct. 15
Tree Board 14 N/A Oct. 21
Board of Commissioners Work Session 62 N/A Oct. 26
TOP 5 VIDEOS
Video Current Views Overall Views Posted
Position Your Solid Waste and Recycling Properly 2,460 2,117,143 Oct. 2015
Hillsborough, NC: Among America’s Coolest Small Towns 163 9.677 Jan.2015
Do Not Tamper with Water Meters 90 4,241 July 2015
Board of Commissioners Works Session (Remote): Oct.
26, 2020
62 62 Oct. 2020
Board of Commissioners Regular Meeting (Remote): Oct.
12, 2020
52 52 Oct. 2020
Website/Employee Section
• Updated COVID-19 pages and various pages for town website.
• Updated all third-party software used by the town website for security and stability.
OCTOBER WEBSITE STATISTICS
Unique visitors 9,755
Number of visits 13,116
Page views 25,005
Visits per visitor 1.34
Final week of early voting reminder with transportation information 3,861 1
Congratulations to town equipment operator’s family for son’s
performance as rookie starting pitcher for the Braves
2,602 7
Orange County Courthouse temporarily closed due to COVID-19 1,884 2
#LoveHillsborough installation and artist photos 1,819 2 on #
Early voting site in Hillsborough is in a new location 1,714 5
Pages viewed per visit 1.91
TOP 10 MOST-VIEWED PAGES
Page title Views
Home 3,814
Water and Sewer Billing and Collections 1,566
Riverwalk 1,057
Employment Opportunities 900
News release: Hillsborough Housing Wins Award 877
News release: Health Officials Discourage Trick-or-Treating and Trunk-or-
Treating
758
Police 648
Development Projects 628
Utilities 366
Bid Postings 339
Other Work
• Completed work related to COVID-19, including:
◦ News releases and updates to COVID-19 pages and materials on town and county websites,
including for Phase 3.
◦ Voting safely, with news releases and social media.
◦ HOPE rental and utilities assistance promotions, with insert for utility bills and information on
website and social media.
◦ Masks campaign, including photos of staff.
◦ October e-community newsletter and November newsletter in English and Spanish for insertion
in utility bills.
◦ Participation in recovery process meetings.
◦ Communication with community liaisons and contacts for help in sharing information.
◦ Social media posts, shares and monitoring.
◦ Fielding of community questions.
• Updated templates for meeting schedules and utilities phone numbers on contact information and
on documents on website.
• Created instructions for staff launching emergency notifications calls.
• Reached out to area high schools and homeschooling group to encourage teen applicants for Mayor’s
Task Force on Reimagining Public Safety.
Meetings/Events/Training
MEETINGS, EVENTS and TRAINING
Officer October Face coverings campaign meetings on Oct. 1 and 8
Recovery support meeting on Oct. 7 and cost recovery training on
Oct. 30
3CMA webinars: Public Servants’ Survival Guide: Part 2 on Oct. 6
and Community Listening on Oct. 28
Oct. 12 Board of Commissioners meeting
Oct. 21 Homelessness data review meeting
Oct. 22 Racial Equity Core Team initial meeting
Oct. 27 Government Alliance for Race and Equity foundations training
Specialist October Town board and advisory board meetings via YouTube
Oct. 19 Special public hearing
Oct. 20 Risk Reduction Committee meeting
Staff October Joint Information Center planning meetings on Mondays
COVID-19 communicators conference calls on Thursdays
Oct. 6 COVID-19 staff meeting
Safety and Risk Manager Report: October 2020
Meetings Attended/Conducted
• Departmental Meetings x 2
• Mgt. Meeting + Meeting
• HR Team Meetings x 4
• Safety Committee Meeting
Site Inspections
• Old Town Annex
• Gold Park
• Turnip Patch Park
• Murray Street Park
• Hillsborough Heights Park
• Cates Creek Park
Miscellaneous
• Completed 3rd quarter DOT random drug screens
• Pre hire drug screens
• Preparing for DOL (OSHA) Audit
• Working on pandemic related items i.e. safety recommendations, PPE, Back to Work Policy
• Worked on employee training schedule
• Working on workers comp. claims
• Working on completion of incident reviews (Safety Committee)
• 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 sheet.
• Forwarded recommendations (work orders) generated from Park Inspections
FINANCE DEPARTMENTAL REPORT FOR OCTOBER 2020
SUMMARY OF ACTIVITIES:
Daily Collections 928,172.98$
Tax & Vehicle License 672,560.75$
Stormwater Fees:20,652.52$
Solid Waste Disposal Tax -$
Beer & Wine Receipt -$
Franchise Tax -$
Powell Bill -$
Sales & Use Tax 166,049.59$
1,787,435.84$
Expenditures: General Fund/Water Fund 1,864,768.29$
FINANCE:
•Compiled and submitted all monthly reports.
•Issued 61 purchase orders.
•Processed 377 vendor invoices, issued 209 accounts payable checks.
•Collected and processed 53 payments for food and beverage tax.
•Collected and processed 10 payments for fire inspection fees and permits.
•Prepared and mailed 1 delinquent occupancy tax letter.
•Prepared and processed 3 payrolls.
•Issued no new special event permits.
METER READING:
•Terminated 78 services and connected upon request.
•Rechecked 167 meter readings, responded to 1 call back.
•Installed 11 new meters, changed 3 old meters, performed no pressure tests.
•Identified 1 hydrant tampering and 3 meter tamperings.
•Changed 21 meter registers.
BILLING & COLLECTION:
•Corrected 58 bills that were rechecked before the 11-01-20 billing.
•Bills adjusted after 10-01-20: 23 leaks; 9 late fees; no pools; .
•Prepared 6,548 water bills; processed .
•Disconnected 157 services for non-payment, reconnected 149.
•Prepared 6,548 water bills; processed .
•Processed 905 utility bank drafts.
•Processed 0 debt set-off letters.
•Processed on-line bill pays.
FINANCE DIRECTOR
•NCHIP October Board Meeting (Oct. 21)
•Orange County Cost Recovery Training (Oct 30)
FINANCIAL BUDGET TO ACTUAL REPORT - SEPTEMBER 30, 2020
Budget Unit Original Budget Current Budget
Period
Activity
Year to Date
Activity Encumbrances Variance % Remaining
Current & Prior Year Property Taxes 6,849,000.00 6,849,000.00 441,950.93 1,208,902.96 - 5,640,097.04 82.35%
Local Option Sales Tax 1,448,000.00 1,448,000.00 178,736.82 - - 1,448,000.00 100.00%
Licenses, Permits and Fees 112,900.00 112,900.00 32,468.31 24,373.39 - 88,526.61 78.41%
Unrestricted Intergovernmental Revenue 862,000.00 862,000.00 147,735.50 80,119.84 - 781,880.16 90.71%
Restricted Intergovernmental Revenue 151,000.00 237,449.00 98,981.08 185,429.50 - 52,019.50 21.91%
Other 25,500.00 25,500.00 9,161.26 18,165.08 - 7,334.92 28.76%
Investment Earnings 24,000.00 24,000.00 306.13 1,934.92 - 22,065.08 91.94%
Transfers - - - - - - 0.00%
Debt Issuance Proceeds 310,000.00 310,000.00 - - - 310,000.00 -
Fund Balance Appropriation 749,550.00 1,003,270.89 - - - 1,003,270.89 100.00%
Total Revenue 10,531,950.00 10,872,119.89 909,340.03 1,518,925.69 - 9,353,194.20 86.03%
Budget Unit Original Budget Current Budget
Period
Activity
Year to Date
Activity Encumbrances Variance % Remaining
Governing Body 133,393.00 133,393.00 7,177.72 25,763.38 171,563.00 (63,933.38) (0.48)
Administration 762,335.00 763,535.00 47,615.33 299,224.75 146,708.41 317,601.84 41.60%
Accounting 260,409.00 273,216.80 12,938.63 58,189.57 63,185.67 151,841.56 55.58%
Planning 437,673.00 467,673.00 28,356.69 73,228.76 28,805.46 365,638.78 78.18%
Town Hall Campus 175,819.00 178,620.00 2,889.81 8,491.67 32,973.90 137,154.43 76.79%
Public Space 728,207.00 728,207.00 73,659.15 221,602.38 187,327.30 319,277.32 43.84%
Safety & Risk Management 89,365.00 89,365.00 4,923.50 23,577.27 35,480.21 30,307.52 33.91%
Information Services 260,406.00 276,404.73 27,065.99 62,608.50 203,600.75 10,195.48 3.69%
Police 3,212,429.00 3,214,311.16 202,391.22 632,887.59 204,810.86 2,376,612.71 73.94%
Fire Marshal & Emergency Management 183,765.00 183,765.00 17,634.28 37,540.94 6,587.40 139,636.66 75.99%
Fire Protection 1,270,488.00 1,480,488.00 858.55 353,540.17 904,728.75 222,219.08 15.01%
Fleet Maintenance 350,202.00 350,202.00 11,414.93 84,872.62 124,334.43 140,994.95 40.26%
Streets/Powell Bill 996,879.00 1,023,710.20 36,509.98 105,631.44 56,380.62 861,698.14 84.17%
Solid Waste 736,002.00 736,002.00 29,104.33 85,041.94 424,006.36 226,953.70 30.84%
Cemetery 7,350.00 7,350.00 42.32 1,158.58 - 6,191.42 84.24%
Economic Development 370,879.00 370,879.00 39,354.34 19,144.88 470.00 351,264.12 94.71%
Special Appropriations 258,474.00 350,645.00 50,860.61 157,873.80 8,832.20 183,939.00 52.46%
Disaster Relief 47,875.00 52,875.00 7,144.01 14,681.34 23,370.80 14,822.86 -
Contingency 250,000.00 191,478.00 - - - 191,478.00 0.00%
Total Expenditures 10,531,950.00 10,872,119.89 599,941.39 2,265,059.58 2,623,166.12 5,983,894.19 55.04%
GENERAL FUND EXPENDITURES
GENERAL FUND REVENUE
FINANCIAL BUDGET TO ACTUAL REPORT - SEPTEMBER 30, 2020
Budget Unit Original Budget Current Budget
Period
Activity
Year to Date
Activity Encumbrances Variance % Remaining
Licenses, Permits and Fees 9,432,502.00 9,432,502.00 847,004.81 2,280,589.74 - 7,151,912.26 75.82%
Other 15,000.00 27,000.00 166.87 11,007.82 - 15,992.18 59.23%
Investment Earnings 10,300.00 10,300.00 38.32 305.55 - 9,994.45 97.03%
Transfers 1,099,404.00 1,099,404.00 - - - 1,099,404.00 100.00%
Retained Earnings Appropriated 547,312.00 819,537.87 - - - 819,537.87 100.00%
Unrestricted Intergovernmental - - - - - - -
Total Revenue 11,104,518.00 11,388,743.87 847,210.00 2,291,903.11 - 9,096,840.76 79.88%
Budget Unit Original Budget Current Budget
Period
Activity
Year to Date
Activity Encumbrances Variance % Remaining
Administration of Enterprise 1,888,142.00 1,894,090.41 126,703.34 338,256.45 30,842.03 1,524,991.93 80.51%
Utilities Administration 598,867.00 650,725.75 49,705.67 97,563.14 139,257.67 413,904.94 63.61%
Billing & Collections 765,923.00 765,923.00 38,115.71 111,373.01 272,542.63 382,007.36 49.88%
Water Treatment Plant 1,098,734.00 1,239,370.38 77,509.74 211,774.31 298,357.87 729,238.20 58.84%
West Fork Eno Reservoir 882,985.00 882,985.00 291,368.98 295,540.11 33,100.06 554,344.83 62.78%
Water Distribution 1,637,243.00 1,661,700.50 50,240.82 128,723.32 150,373.38 1,382,603.80 83.20%
Wastewater Collection 1,600,740.00 1,664,958.83 91,756.11 174,177.79 107,054.00 1,383,727.04 83.11%
Wastewater Treatment Plant 2,299,975.00 2,353,293.00 65,681.77 173,958.82 175,981.03 2,003,353.15 85.13%
Disaster Relief 31,909.00 31,909.00 2,890.76 4,959.84 17,529.67 9,419.49 0.30
Contingency 300,000.00 243,788.00 - - - 243,788.00 100.00%
Total Expenditures 11,104,518.00 11,388,743.87 793,972.90 1,536,326.79 1,225,038.34 8,627,378.74 75.75%
WATER & SEWER FUND REVENUE
WATER & SEWER FUND EXPENDITURES
FINANCIAL BUDGET TO ACTUAL REPORT - SEPTEMBER 30, 2020
Budget Unit Original Budget Current Budget
Period
Activity
Year to Date
Activity Encumbrances Variance % Remaining
Licenses, Permits and Fees 617,500.00 617,500.00 62,977.25 140,779.31 - 476,720.69 77.20%
Retained Earnings Appropriated 40,798.00 40,798.00 - - - 40,798.00 100.00%
Total Revenue 658,298.00 658,298.00 62,977.25 140,779.31 - 517,518.69 78.61%
Budget Unit Original Budget Current Budget
Period
Activity
Year to Date
Activity Encumbrances Variance % Remaining
Disaster Relief 1,755.00 1,755.00 115.62 195.18 701.20 858.62 48.92%
Stormwater 656,543.00 656,543.00 27,991.99 101,543.13 57,269.56 497,730.31 75.81%
Total Expenditures 658,298.00 658,298.00 28,107.61 101,738.31 57,970.76 498,588.93 75.74%
STORMWATER FUND REVENUE
STORMWATER FUND EXPENDITURES
10,872,120
11,388,744
658,298
1,518,926
2,291,903
140,779
2,265,060
1,536,327
101,543
-
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
General Fund Water & Sewer Fund Stormwater Fund
Town of Hillsborough Fiscal YTD Revenues & Expenditures
As of September 30, 2020
Budget Revenue Expenditures
Planning Department Report
October 2020
Revenues Collected October 2020 FY Year to Date
Development Review fees $ 150.00 $ 950.00
Zoning Permits & HDC reviews $ 4,865.45 $22,061.99
Planning Total $ 5,015.45 $23,011.99 - 46% of budget projection ($50,000)
Affordable housing payment in lieu $ 4,000
Data is through October 31, 2020 for both permits and Certificates of Occupancy. Data for completed
developments has been removed but totals still reflect all previous activity. Collins Ridge began pulling permits
in October.
Project name Approved units Permitted Completed
Approved but
not complete
permits
remaining
Under
construction
Collins Ridge (1st plat)59 9 0 59 50 9
Crescent Magnolia (Habitat Waterstone)24 24 22 2 0 2
Fiori Hill 46 38 30 16 8 8
Forest Ridge 235 216 191 44 19 25
Total 1404 1326 1282 122 78 44
Misc. infill lots na 120 84 na 36
Grand Total 1446 1366
Approved & Under Construction
Hillsborough Police Department Monthly Report October 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 0 0
Ra pe 0 0 0 0 1 0 1 0 0 0 2 2 2
Robbery 1 0 0 0 0 0 2 0 3 0 6 10 5
Aggravated Assault 3 0 1 3 3 3 2 1 0 1 17 14 19
Burglary 3 0 4 0 3 1 2 1 1 4 19 26 40
Larceny/Theft 25 23 27 29 35 28 18 12 37 36 270 297 264
Motor Vehicle Theft 2 0 1 1 0 3 4 0 3 1 15 12 12
Total Part I 34 23 33 33 42 35 29 14 44 42 329 361 342
Other Offenses 2020 2019 2018
Simple Assault 12 7 5 10 11 12 4 8 12 10 91 77 83
Fraud/Forgery 0 0 2 0 2 1 1 5 6 2 19 21 20
Stolen Property 1 3 1 0 1 0 4 3 4 0 17 7 8
Damage to Property 5 5 8 12 9 7 15 5 7 11 84 59 96
Weapons Violations 4 3 3 1 1 1 2 1 2 3 21 5 16
Sex Offences 0 0 0 0 0 1 0 1 0 0 2 3 2
Drug Violations 8 21 9 5 11 5 12 11 15 11 108 85 125
Driving While Impaired 5 6 1 2 2 1 3 6 6 2 34 34 37
Liquor Law Violations 0 1 0 0 1 0 0 0 3 5 10 13 6
Trespassing 3 1 3 3 2 0 6 2 6 4 30 20 23
Domestic Related 13 8 12 20 13 17 7 11 14 7 122 119 146
Missing Persons 0 1 1 0 1 2 0 1 0 0 6 1 1
Summary of Select Offenses:
On 10/09/2020, a Breaking and Entering to a locked residence was reported in the 700-block of Patriots Pointe
Dr. Unknown suspect(s) damage a door valued at $400.00, no items were taken.
On 10/10/2020, a Larceny of a Motor Vehicle was reported at 700 Lakeside Dr. The vehicle, valued at $5,500.00,
was later found to be repossessed and not actually stolen.
On 10/13/2020, an Aggravated Assault was reported in the parking lot of 501 Hampton Pointe Blvd, Walmart.
Two females go into a verbal dispute, one female followed the other to their car and then stood by it so the
other female and her husband could not leave. The driver went to get assistance from an employee, her
husband got into the driver’s side and backed the vehicle up, striking the second female who suffered no
injuries. Officers charged Roy David Young, (w/m, 63, of Texas) with Misdemeanor Assault with a Deadly
Weapon by way of a State citation.
On 10/13/2020, a Breaking and Entering and Larceny were reported to a locked residence at 600 Lakeside Dr.
The victim advised that upon returning home after a month they discovered the residence had been broken into
and there was a piece of cardboard covering the broken window, assumed to be the point of entry.
Approximately $680.00 in electronics, clothing, and food were taken and damages were estimated at $100.00 to
the window.
Hillsborough Police Department Monthly Report October 2020
On 10/14/2020, a Breaking and Entering and Larceny were reported to a construction site in the 300-block of
Odie St. A metal brake tool, valued at $1,700.00, was taken.
On 10/14/2020, a Larceny by Employee was reported at 540 Hampton Pointe Blvd., Healing Paws Veterinary
Hospital. Approximately $120.00 in medication was taken.
On 10/22/2020, a Larceny by Employee was reported at 501 Hampton Pointe Blvd., Walmart. Officers charged
with Felony Larceny by Employee and Misdemeanor Simple Possession Schedule III, she was given a Written
Promise to Appear.
On 10/25/2020, an Assault on Female, Breaking and Entering of an Occupied Vehicle, and an Injury to Personal
Property were reported at 535 Hampton Pointe Blvd., Papa John’s Pizza. An employee carried pizzas to their
vehicle and a male suspect pulled up behind, parked their truck, approached the employee, opened their back
door, took out the pizzas, then threw the pizza at the employee and ran from the scene.
37 Larcenies were reported at various locations including:
• 12 larcenies were shoplifting related incidents at Hampton Pointe- Walmart.
• 5 larcenies from a business–3 at 1990 NC 86 S., Sheetz, where $45.84 total in beer and candy were
taken. 1 at 364 S. Churton St., Autozone, where $149.99 jump box was taken. 1 at 500 S. Churton St.,
Kangaroo, where $47.97 in beer was taken.
• 9 Larcenies from unlocked motor vehicles– 4 at 600 S. Churton St. where $350.00 laptop was taken,
$60.00 phone, $39.56 in cash/change, and a $300.00 catalytic converter were taken. 1 in the 200-block
of Patriots Pointe Dr. where $50.00 in grill tools were taken. 2 in 100-block of Lawndale where a total
$86.95 games and $5.00 in cash/change were taken. 1 at 113 Mayo St. where $10.00 in cash/change
was taken. 1 attempted in the 100-block of Murdock Rd.
• 1 Larceny from locked motor vehicle- 1 at 101 Meadowlands Dr., Sportsplex where a purse and items
valued at $580.00 were taken and a window was broken out.
Narcotics/weapons related incidents:
• During the month of October, Officers recovered small amounts of marijuana, prescription medication,
paraphernalia, and 3 handguns.
Hillsborough Public Works
October 2020 Monthly Report
Work Orders: 10 completed within two days
Asphalt Repairs: 4 utility cuts, 1 road repairs
Public Spaces: 71 staff hours
Cemetery: 2 graves marked
Stormwater Maintenance: 20 staff hours, 65 linear ft.
November 2020 TOWN OF HILLSBOROUGH UTILITIES STATUS REPORT
Prepared by Marie Strandwitz 11/3/20 Page 1
Water and Sewer Advisory Committee (WSAC)
Activities
WSAC meetings have been cancelled during the COVID-19 pandemic. A virtual meeting was held in October to elect officers and the next meeting will be held in December, if desired by the committee.
WFER Phase 2 Construction Project Carr Store Road is scheduled to be closed starting November 6. Work is progressing and the reservoir has been lowered to accommodate.
Water Restrictions There are currently no water withdraw restrictions.Our monthly water production average is currently 1.990 MGD.
"Unaccounted-for" Water We had no water main breaks in September. There were approximately 10 water service leaks repaired. Miscellaneous repairs have been proceeding as needed.
TOPIC STATUS
West Fork of the Eno Reservoir The reservoir is nearly 7 feet below Phase 1 normal pool, at 36.2 feet. This is due to the upcoming construction of the Carr Store Road bridge. The October releases met or exceeded the minimum
release of 1.0 cubic feet per