HomeMy Public PortalAbout11-09-20 Regular Meeting
Minutes
Board of Commissioners
7 p.m. Nov. 9, 2020
Town of Hillsborough YouTube channel
Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and
Evelyn Lloyd
Staff: Economic Development Planner Shannan Campbell, Assistant to the Town Manager/Deputy Budget Director
Jen Della Valle, Assistant Town Manager/Planning Director Margaret Hauth, Stormwater and Environmental
Services Manager Terry Hackett, Police Chief Duane Hampton, Public Works Director Ken Hines, Town Attorney
Bob Hornik, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson and
Utilities Director Marie Strandwitz
Absent (excused): None.
Guests: Kayla Slater and Michael Levkowitz of Hagerty Consulting, Ashley Heger of Orange County Food Council
and Esequiel Espitia of Toledo Builders
Opening of the meeting
Mayor Jenn Weaver opened the meeting at 7 p.m.
1. Public Charge
Weaver did not read but stated the public charge is printed on the agenda.
2. Audience comments not related to the printed agenda
None.
3. Agenda changes and approval
Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Commissioner
Mark Bell seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, Robb English,
Ferguson, Matt Hughes and Evelyn Lloyd. Nays: None. Absent: None.
4. Public hearing:
Community Development Block Grant – Coronavirus Application
Weaver opened the public hearing.
Planning Director Margaret Hauth introduced Orange County Housing and Community Development Manager
Erika Brandt. Hauth said she suggests the town apply for $600,000 in grant funding. The program time would
be for 30 months.
Brandt shared a slide presentation on the grant and reviewed that the funds would be administered by an
emergency housing assistance fund operated by Orange County.
Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 1 of 11
Dec. 14, 2020
Town Manager Eric Peterson 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.
5. Presentations
A. Food Council Update
Food Council Coordinator Ashley Heger gave a presentation that highlighted accomplishments including the
creation of a food security report and the formation of partnerships with schools and childcare centers.
B. Falls Lake Rules Update
Stormwater and Environmental Services Manager Terry Hackett gave a brief overview of the Upper Neuse
River Basin Association’s plans to meet the next stage of the state’s nutrient reductions to protect and restore
the water quality of Falls Lake. Hillsborough’s watershed drains into that lake. The board voted to confirm its
commitment to participate in this collaboration, called the Interim Alternative Implementation Approach. In
addition to continuing to pay the association’s dues of about $24,000 annually, the town would agree to
spend about $34,000 annually to help fund nutrient reduction projects.
Motion: Bell moved that the board confirms its commitment to participate. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
C. Orange County Long-term Recovery Planning Effort
Project managers Kayla Slater and Michael Levkowitz from Hagerty Consulting gave a brief presentation on
the effort to create a long-term recovery plan to address the impacts of COVID-19 on the community. The
town is working with Orange County, Chapel Hill and Carrboro on the effort. The project managers shared
that the coronavirus pandemic seems to be exasperating pre-pandemic issues. The recovery group’s website
for this effort is www.orangencforward.org.
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
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
Motion: Hughes moved to approve the items on the consent agenda. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 2 of 11
Dec. 14, 2020
7. Items for decision ― regular agenda
A. Draft town code amendment regarding parking pad ordinance
Public Works Director Ken Hines shared the draft amendment.
The board discussed the text and the possible fee amounts.
Town Attorney Bob Hornik confirmed that if a subdivision with a homeowners association has covenants that
disallow parking pads, then parking pads are not allowed in that subdivision.
Motion: Hughes moved to approve as presented with an application fee of $100 and additional fee of
$150 if it is an after-the-fact application. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
B. Request to close two unopened rights of way off Lakeshore Drive – Call public hearing
Hauth said if the board chose to call a public hearing it would need to be advertised for four weeks. There is
enough time to advertise it before the December regular meeting.
Motion: Hughes moved to call the public hearing for the December meeting. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
C. Resolution to authorize submittal of Community Development Block Grant – Coronavirus Application
Motion: Ferguson moved to authorize the grant submittal. Hughes seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
D. Resolution approving a minor amendment to the Water and Sewer Boundary and Planning Agreement
affecting approximately 30 acres south of Chapel Hill
Hauth reviewed that the request was regarding two lots in a subdivision that were not included in the service
boundary. Orange Water and Sewer Authority has determined that connection to the two undeveloped lots is
possible. The Town of Chapel Hill has already voted to approve this amendment. A public hearing is not
required because the change is minor. She added that staff from the towns of Carrboro, Chapel Hill and
Hillsborough and Orange County have begun discussion about a possible agreement amendment to create an
administrative method for making minor adjustments to the boundary, especially when better mapping is
available. No one ever surveyed the boundaries.
Motion: Ferguson move to approve the resolution. Hughes seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
E. Noise Ordinance discussion follow up
The board continued a discussion on amending the noise ordinance language regarding amplified sound.
Police Chief Duane Hampton received additional feedback from the board to include in the draft amendment.
Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 3 of 11
Dec. 14, 2020
Commissioners shared their thoughts on decibel levels, a specified time when amplified sound could not be
heard beyond a property boundary, and special event permits that would allow an event venue to
occasionally play amplified music that could be heard beyond the property line at later hours.
F. Hot topics for work session Nov. 23, 2020
Hughes suggested looking into options available for firearm regulation for a possible discussion in January. He
said Holly Springs and Apex had recently made changes related to that topic.
The town attorney said he would find out what those towns did and give the board a report.
Motion: English moved to wait until Nov. 19 to cancel the Nov. 23 work session if nothing had been placed
on the agenda by then. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
8. Updates
A. Board members
The mayor and commissioners gave brief updates on the boards and committees on which they serve.
B. Town manager
There was no verbal report.
C. Staff (written reports in agenda packet)
Hauth briefly listed upcoming planning items.
9. Adjournment
Motion: Ferguson moved to adjourn at 10:23 p.m. Bell seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Bell, English, Ferguson, Hughes and
Lloyd. Nays: None. Absent: None.
Respectfully submitted,
Sarah E. Kimrey
Interim Town Clerk
Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 4 of 11
Dec. 14, 2020
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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Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 5 of 11
Dec. 14, 2020
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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APPROVED: 5/0
DATE: 11/9/20
VERIFIED: ___________________________________
Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 6 of 11
Dec. 14, 2020
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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TDA
TDA
APPROVED: 5/0
DATE: 11/9/20
VERIFIED: ___________________________________
Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 7 of 11
Dec. 14, 2020
Resolution #20201109-7.B
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.
Ayes: 5
Noes: 0
Absent or Excused: 0
Sarah E. Kimrey, Interim Town Clerk
Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 8 of 11
Dec. 14, 2020
Resolution #20201109-7.C
Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 9 of 11
Dec. 14, 2020
Resolution #20201109-7.C
Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 10 of 11
Dec. 14, 2020
Resolution #20201109-7.D
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 Kathleen Ferguson, seconded by Commissioner Matt Hughes, the foregoing amendments
were adopted this the 9th day of November, 2020.
Ayes: 5
Noes: 0
Absent or Excused: 0 __________________________________________
Sarah E. Kimrey, Interim Town Clerk
Nov. 9, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 11 of 11
Dec. 14, 2020