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Home My Public Portal About01-11-21 Regular MeetingMinutes Board of Commissioners Remote regular meeting 7 p.m. Jan. 11, 2021 Virtual meeting via YouTube Live 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, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, and Public Space Manager Stephanie Trueblood Opening of the meeting Mayor Jenn Weaver called the meeting to order 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. 2.Audience comments not related to the printed agenda There was none. 3.Agenda changes and approval Weaver suggested amending the agenda so that Item 7C would become Item 4B and Item 7D would become Item 4C. Motion: Commissioner Kathleen Ferguson moved to approve the agenda as amended. Commissioner Mark Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Commissioners Bell, Robb English, Ferguson, Matt Hughes and Evelyn Lloyd. Nays: None. 4.Presentations A.Employee Service Milestone Awards Town Manager Eric Peterson presented the service milestone awards. Employees are recognized for every five years of service with a coin and $75. •5 years of service ― Commissioner Mark Bell, Economic Development Planner Shannan Campbell, Financial Analyst Keri Carnes, Equipment Operator II Graham Dodson, Senior Administrative Support Specialist Danielle King, Backflow/FOG Specialist Troy Miller, and Web Developer/Assistant Public Information Officer Jonathan Rickard Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 16 Feb. 8, 2021 •10 years of service ― Police Chief Duane Hampton, Utility Maintenance Supervisor Lacy Painter, and Utility Mechanic I Keith Scarboro •15 years of service ― Utility Maintenance Technician III Waddell Jacobs and Fleet Mechanic Frank Moore •20 years of service ― Master Police Officer Scott Foster, Master Police Officer Tereasa Matthews, and Safety and Risk Manager Tiny Moore •25 years of service ― Police Sergeant Buddy Parker •35 years of service ― Accounting Technician Carolyn Glasgow B.Proclamation declaring January as National Mentoring Month Weaver read a proclamation declaring January as National Mentoring Month. Raymundo Garcia thanked the board on behalf of MENTOR North Carolina. C.Proclamation declaring Jan. 12, 2021, as Dr. Kizzmekia “Kizzy” Corbett Day in Hillsborough Corbett joined the meeting. Weaver shared that Hillsborough residents have expressed excitement for Corbett’s role in developing COVID- 19 vaccinations. Weaver read a proclamation declaring Jan. 12, 2021, Dr. Kizzmekia “Kizzy” Corbett Day, in honor of a scientist from Hillsborough who has been key in the development of a COVID-19 vaccination. The board applauded for Corbett. Corbett expressed appreciation for the honor. 5.Appointments A.Committee appointments review — mayor and commissioners Planning Director Margaret Hauth said some organizations to which the mayor and commissioners are appointed request an annual reaffirmation of the appointee. It was confirmed that there were no changes. B.Tourism Board — Reappointment of Mark Bateman to a Restaurant/Pub Seat for a term expiring Dec. 14, 2022 Motion: Ferguson moved to reappoint. Hughes seconded. Kimrey called the roll for voting. Vote: 3-2. Ayes: Ferguson, Hughes and Lloyd. Nays: Bell and English. C.Tourism Development Authority — Reappointment of Mark Bateman to a Tourism Board Seat for a term expiring Jan. 31, 2022 Motion: Ferguson moved to reappoint. Hughes seconded. Kimrey called the roll for voting. Vote: 2-3. Ayes: Ferguson and Hughes. Nays: Bell, English and Lloyd. Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 16 Feb. 8, 2021 6.Items for decision ― consent agenda A.Minutes 1.Regular meeting Dec. 14, 2020 B.Miscellaneous budget amendments and transfers C.Proclamation declaring January as National Mentoring Month D.Proclamation declaring Jan. 12, 2021 as Dr. Kizzmekia “Kizzy” Corbett Day in Hillsborough E.COVID Paid Sick Leave Motion: Ferguson moved to approve items A, B and E on the consent agenda. Lloyd seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 7.Items for decision ― regular agenda A.Conceptual project introduction and process discussion – potential tax credit Charlie Heritage of South Creek Development told the board of his interest in building up to 100 apartments that would meet requirements to qualify for affordable housing tax credits. The apartments would be for people who make 30% to 80% of the median income. The apartments would be located on a 15-acre parcel off N.C. 86, across from Tractor Supply. Ferguson expressed concern about permanent affordability. Heritage said after 15 years, the owner would be eligible to reapply for tax credits to afford renovations. He said it is rare for such apartments to be sold at market rate at that time. He added that he would not mind if the board wanted a restrictive covenant on the property to ensure that the apartments remained affordable. Lloyd said she didn’t like the location. B.Reconsideration of Order to close two unopened rights of way on the west side of Lakeshore Drive due to written comments received following the public hearing Hauth said she received the two emails in the packet after the board closed the public hearing. In one of the emails, the applicant indicated a preference for no action or Option 1; the board had voted for Option 2. The applicant and the neighbor were not present this evening. Motion: Hughes moved to reconsider the board’s action taken at the previous meeting. Ferguson seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Motion: Hughes moved to approve Option 1. Ferguson seconded. Kimrey called the roll for voting. Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 16 Feb. 8, 2021 Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. C.Loading zone and 15-minute parking on West King Street Public Space Manager Stephanie Trueblood presented options. Economic Development Planner Shannan Campbell said people are interested in short-term parking to pick up takeout orders. The Colonial Inn, Nomad and Cup-A-Joe are interested in short-term parking spaces. She suggested four spaces, and she noted there are other areas in town where people would like to see some 15- minutes parking spaces. She estimated the parking signs would cost a total of $300 to $400. Laura Juel addressed the board. She lives at 158 W. King St., across from The Colonial Inn. She feels that a loading zone and short-term parking would cut down on parking on that block. She would like to see the entire first block of West King Street have short-term parking. Elise Tyler, general manager of The Colonial Inn, spoke in favor of a loading zone and two to three 15-minute parking spaces between the inn and Wake Street. There are regular deliveries on Tuesdays, Wednesdays and Thursdays. She would like a loading zone to be created on the south side of the street and would like the loading zone to be available for short-term parking after delivery hours, around 4 p.m. Trueblood said placing a loading zone on the south side of the street is problematic because delivery trucks would then have to drive around the block on West Margaret Lane to get there, and it is difficult to communicate to drivers that they have to drive around the block. A loading zone is the length of four parking spaces. Also, there’s an embankment, so the delivery person would be walking in the street until he or she reaches Lyle Cash’s driveway. Trueblood asked the board to tell her if any options should not be considered. There was no comment. Trueblood said a loading zone on the south side of the street could be possible if drivers making deliveries at The Colonial Inn could reach the loading zone. She added that the Town of Hillsborough expects to stripe 70 additional parking spaces on the second block of West King Street later this winter. Encroachment agreements are in place. Those spaces will be for all-day parking. She concluded that she will first study the possibility of a loading zone on the south side of the street. D.North Carolina League of Municipalities Legislative Policy Goals for the 2021-22 Biennium The board prioritized legislative policy goals for the North Carolina League of Municipalities. Weaver kept note of the tabulation. Motion: Hughes moved to approve the 10 priorities identified by the mayor as tabulated. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Motion: Hughes moved to authorize Ferguson to be the board’s voting delegate when the League meets to vote on priorities. English seconded. Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 16 Feb. 8, 2021 Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. E.Ordinance prohibiting discrimination within the Hillsborough town limits Tami Fitzgerald addressed the board. She lives in Raleigh and is the executive director of the North Carolina Values Coalition. She thinks ordinances likes this one undermine fairness and freedom because they advance discrimination against people of faith. She noted that the public notice for this agenda was released Friday afternoon and comments were due by noon today. She doesn’t believe people in Hillsborough have been afforded due process. She said the ordinance feels sweeping and very broad. Maria Flanagan addressed the board. She said she lives in Hillsborough and had sent a written comment in support of the ordinance. She commended the mayor and commissioners for the proposed ordinance. She said we need to embrace our vibrant and diverse community and ensure that people feel safe here. Sarah Cross spoke in support of the ordinance. She lives in Hillsborough. Weaver said the town attorney had advised that this ordinance be specific so that the Town of Hillsborough stays in its lane. The state retained control over bathrooms. This ordinance reflects the values of our community, she said, and extends protections to vulnerable communities. Weaver asked the town attorney to speak on the issue of severability. Town Attorney Bob Hornik explained that if any particular provision is struck down, the rest remains in full force and effect due to a severability clause in Article 1 of the Town Code. Should the new ordinance be challenged, the rest of the Town Code would be unaffected; therefore, this ordinance did not need a separate severability provision. Hornik added the Town of Hillsborough has met the legal public notice requirement. Commissioners voiced support for the ordinance. Police Chief Duane Hampton addressed the board. He said he is supportive of the ordinance but wonders how it is enforced. Hornik said the Police Department would not be expected to enforce this code because it is not criminal code. Peterson asked the town attorney to start looking into how it would be enforced. Hughes suggested asking the Orange County Human Rights and Relations Department. F.Hot topics for work session Jan. 25, 2021 Town manager suggested the budget process be a topic. 8.Updates A.Board members Board members gave updates on the committees and boards on which they serve. Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 16 Feb. 8, 2021 B. Town manager There was no oral report. C. Staff (written reports in agenda packet) There was no additional report. 9. Adjournment Motion: Ferguson moved to adjourn at 9:45 p.m. Hughes seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Respectfully submitted, Sarah Kimrey Interim Town Clerk Staff support to the Board of Commissioners Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 16 Feb. 8, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 01/11/2021 TO 01/11/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-3100-3101-216 2016 TAX LEVY 01/11/2021 0.00 5,024.00Adj to actual 20371 5,024.00EBRADFORD 10-00-3100-3101-217 2017 TAX LEVY 01/11/2021 0.00 13,311.00Adj to actual 20372 13,311.00EBRADFORD 10-00-3100-3101-218 2018 TAX LEVY 01/11/2021 0.00 4,084.00Adj to actual 20373 4,084.00EBRADFORD 10-00-3100-3101-219 2019 TAX LEVY 01/11/2021 35,000.00 -12,172.00Adj to actual 20374 22,828.00EBRADFORD 10-00-3110-3110-004 LOCAL OPTION SALES TAX (44) 01/11/2021 0.00 10.00Adj to actual 20377 10.00EBRADFORD 10-00-3110-3110-008 SOLID WASTE FEES 01/11/2021 0.00 110.00Adj to actual 20376 110.00EBRADFORD 10-00-3110-3115-001 PRIOR MOTOR VEHICLE LIC.FEE 01/11/2021 100.00 182.00Adj to actual 20378 282.00EBRADFORD 10-00-3200-3203-998 3% HOLDBACK OCCUPANCY TAX 01/11/2021 0.00 417.00Adj to actual 20379 417.00EBRADFORD 10-00-3200-3203-999 6% HOLDBACK FOOD & BEVERAGE 01/11/2021 0.00 5,212.00Adj to actual 20380 5,212.00EBRADFORD 10-00-3800-3800-350 MISCELLANEOUS 01/11/2021 20,000.00 9,219.00Adj to actual 20382 29,219.00EBRADFORD 10-00-3850-3850-000 INTEREST EARNED 01/11/2021 24,000.00 -21,060.00Adj to actual 20383 2,940.00EBRADFORD 10-00-3900-3900-000 FUND BALANCE APPROPRIATION 01/11/2021 551,313.00 -10,247.00Adj to actual 20375 794,786.89EBRADFORD 01/11/2021 551,313.00 5,685.00Adj to actual 20384 800,471.89EBRADFORD 10-00-9990-5300-000 CONTINGENCY 01/11/2021 250,000.00 -6,200.00To cover dump truck repair 20392 127,964.00EBRADFORD 01/11/2021 250,000.00 -3,000.00To cover facility repairs 20401 124,964.00EBRADFORD 01/11/2021 250,000.00 -5,000.00To cover minute prep services 20411 119,964.00JDELLAVALL 01/11/2021 250,000.00 -1,779.00To cover oil separator cleaning 20416 118,185.00EBRADFORD 10-10-4100-5300-040 AUDITOR FEES 01/11/2021 75,500.00 500.00To cover audit fees 20397 76,000.00EBRADFORD 10-10-4100-5300-570 MISCELLANEOUS 01/11/2021 4,750.00 -500.00To cover audit fees 20398 4,250.00EBRADFORD 10-10-4200-5100-020 SALARIES 01/11/2021 753,180.00 -4,331.00To cover recognition pay 20370 748,849.00EBRADFORD 10-10-4200-5300-581 RECOGNITION PAY 01/11/2021 0.00 4,331.00To cover recognition pay 20369 4,331.00EBRADFORD 10-10-4900-5300-467 C.S./MINUTES PREPARER 01/11/2021 0.00 5,000.00To cover minute prep services 20412 5,000.00JDELLAVALL 10-20-3400-3404-001 OPERATIONAL PERMITS - FIRE MARSHAL 01/11/2021 0.00 225.00Adj to actual 20381 225.00EBRADFORD 10-20-5100-5300-150 MAINTENANCE - BUILDING EBRADFORD 12:30:40PM01/05/2021 fl142r03 Page 1 of 3 GF-Revenue GF-Revenue GF-Revenue GF-Revenue GF-Revenue GF-Revenue GF-Revenue GF-Revenue GF-Revenue GF-Revenue GF-Revenue GF-Revenue GF- Contingency Gov Body Gov Body Admin. Admin. Planning GF-Revenue PD-Admin. Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 16 Feb. 8, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 01/11/2021 TO 01/11/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 01/11/2021 22,383.00 3,000.00To cover facility repairs 20402 26,288.00EBRADFORD 10-20-5110-5100-021 PERSONNEL EXPANSION - SALARIES 01/11/2021 0.00 -686.00Adj to actual 20386 -686.00EBRADFORD 10-20-5110-5100-030 BONUS PAY 01/11/2021 2,100.00 686.00Adj to actual 20385 2,786.00EBRADFORD 01/11/2021 2,100.00 2,000.00To cover field officer training 20414 4,786.00EBRADFORD 10-20-5110-5300-330 DEPARTMENTAL SUPPLIES 01/11/2021 15,500.00 -472.00Adj to actual 20388 22,529.16EBRADFORD 10-20-5110-5300-450 C.S./MOBILE DATA TERMINALS 01/11/2021 4,650.00 472.00Adj to actual 20387 5,122.00EBRADFORD 10-20-5120-5100-010 OVERTIME COMPENSATION 01/11/2021 8,000.00 -2,000.00To cover field officer training 20413 6,000.00EBRADFORD 10-30-5550-5300-113 LICENSE FEES 01/11/2021 4,526.00 1,600.00To cover diagnostic tool license fee 20429 6,126.00EBRADFORD 10-30-5550-5300-150 MAINTENANCE - BUILDING 01/11/2021 4,935.00 1,779.00To cover oil separator cleaning 20415 6,714.00EBRADFORD 10-30-5550-5300-170 STREET VEHICLE REPAIR 01/11/2021 26,000.00 790.00To cover overage 20389 21,277.00EBRADFORD 01/11/2021 26,000.00 6,200.00To cover dump truck repair 20391 27,477.00EBRADFORD 01/11/2021 26,000.00 -1,600.00To cover diagnostic tool license fee 20430 25,877.00EBRADFORD 10-30-5550-5300-180 SANITATION VEHICLE REPAIR 01/11/2021 45,000.00 -790.00To cover overage 20390 44,210.00EBRADFORD 10-30-5550-5300-330 DEPARTMENTAL SUPPLIES 01/11/2021 24,646.00 -1.00To cover debt service overage 20418 24,645.00EBRADFORD 01/11/2021 24,646.00 -33.00To cover alarm overage 20420 24,612.00EBRADFORD 10-30-5550-5300-350 UNIFORMS 01/11/2021 4,950.00 -4.00To cover overage 20396 4,946.00EBRADFORD 10-30-5550-5300-451 C.S./ALARM 01/11/2021 2,312.00 33.00To cover alarm overage 20419 2,345.00EBRADFORD 10-30-5550-5300-570 MISCELLANEOUS 01/11/2021 1,000.00 4.00To cover overage 20395 1,000.00EBRADFORD 10-30-5550-5400-910 DEBT/FLEET MAINT BLDG 01/11/2021 80,530.00 1.00To cover debt service overage 20417 80,531.00EBRADFORD 10-30-5600-5300-112 POSTAGE 01/11/2021 40.00 -1.00To cover debt service overage 20432 39.00EBRADFORD 10-30-5600-5400-910 DEBT SERVICE 01/11/2021 41,018.00 1.00To cover debt service overage 20431 41,019.00EBRADFORD 10-30-5700-5300-330 DEPARTMENTAL SUPPLIES 01/11/2021 2,000.00 2,000.00Adj to actual 20421 4,000.00EBRADFORD 10-30-5700-5300-570 MISCELLANEOUS 01/11/2021 1,000.00 -1,000.00Adj to actual 20422 0.00EBRADFORD 10-30-5700-5700-730 CAPITAL IMPROV./SIDEWALK REPAIR 01/11/2021 2,500.00 -1,000.00Adj to actual 20423 1,500.00EBRADFORD EBRADFORD 12:30:40PM01/05/2021 fl142r03 Page 2 of 3 PD-Patrol PD-Patrol PD-Patrol PD-Patrol PD-I&CS Fleet Maint. Fleet Maint. Fleet Maint. Fleet Maint. Fleet Maint. Fleet Maint. Fleet Maint. Fleet Maint. Fleet Maint. Streets Streets Powell Bill Powell Bill Powell Bill Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 16 Feb. 8, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 01/11/2021 TO 01/11/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-30-5800-5300-320 SUPPLIES - OFFICE 01/11/2021 400.00 900.00To cover ink and office chair 20399 1,300.00EBRADFORD 01/11/2021 400.00 -419.00To cover overage 20426 881.00EBRADFORD 10-30-5800-5300-530 DUES & SUBSCRIPTIONS 01/11/2021 325.00 128.00To cover overage 20424 453.00EBRADFORD 10-30-5800-5300-570 MISCELLANEOUS 01/11/2021 500.00 291.00To cover overage 20425 791.00EBRADFORD 10-30-5800-5700-740 CAPITAL - VEHICLES 01/11/2021 310,000.00 -900.00To cover ink and office chair 20400 309,100.00EBRADFORD 30-70-5972-5972-002 TRANSFER TO WATER SDF RESERVE FUND 01/11/2021 0.00 206,080.00To record Water SDFs 20367 206,080.00EBRADFORD 30-70-5972-5972-003 TRANSFER TO SEWER SDF RESERVE FUND 01/11/2021 0.00 159,988.00To record Water SDFs 20368 159,988.00EBRADFORD 30-80-3500-3523-002 WATER SYSTEM DEVELOPMENT FEES 01/11/2021 0.00 206,080.00To record Water SDFs 20365 206,080.00EBRADFORD 30-80-3500-3525-002 SEWER SYSTEM DEVELOPMENT FEES 01/11/2021 0.00 159,988.00To record Sewer SDFs 20366 159,988.00EBRADFORD 30-80-7240-5300-338 SUPPLIES - DATA PROCESSING 01/11/2021 0.00 122.00Monitor for Customer Service Rep 20410 245.00JDELLAVALL 30-80-7240-5300-570 MISCELLANEOUS 01/11/2021 1,000.00 -122.00Monitor for Customer Service Rep 20409 1,051.00JDELLAVALL 35-30-5900-5300-570 MISCELLANEOUS 01/11/2021 2,000.00 -120.00To est budget for recognition pay 20428 1,053.00EBRADFORD 35-30-5900-5300-581 RECOGNITION PAY 01/11/2021 0.00 120.00To est budget for recognition pay 20427 120.00EBRADFORD 72-00-5100-3301-027 RESTRCITED REV-CHRISTMAS TOY DRIVE 01/11/2021 359.00 1,060.00To record donations 20360 1,319.00EBRADFORD 01/11/2021 359.00 900.00To record donations 20394 2,219.00EBRADFORD 72-20-5100-5300-350 CHRISTMAS TOY DRIVE EXPENDITURES 01/11/2021 359.00 1,060.00To record donations 20359 1,319.00EBRADFORD 01/11/2021 359.00 900.00To record donations 20393 2,219.00EBRADFORD 75-75-3870-3870-156 TRANS FR W/S US BUS 70 WTR PHASE I 01/11/2021 299,741.50 15,456.00To record Water SDFs 20361 509,685.50EBRADFORD 75-75-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I 01/11/2021 299,741.50 15,456.00To record Water SDFs 20362 509,685.50EBRADFORD 76-76-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB 01/11/2021 1,008,106.50 9,729.00To record Sewer SDFs 20363 1,171,337.50EBRADFORD 76-76-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS 01/11/2021 1,008,106.50 9,729.00To record Sewer SDFs 20364 1,171,337.50EBRADFORD 786,426.00 EBRADFORD 12:30:40PM01/05/2021 fl142r03 Page 3 of 3 Solid Waste Solid Waste Solid Waste Solid Waste WSF WSF WSF- Revenue WSF- Revenue Billing & Collections Billing & Collections Stormwater Stormwater Restricted Revenues Restricted Revenues Water SDF Water SDF Sewer SDF Sewer SDF APPROVED: 5/0 DATE: 1/11/21 VERIFIED: ___________________________________ Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 16 Feb. 8, 2021 Proclamation #20210111-6.C Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 16 Feb. 8, 2021 Proclamation #20210111-6.C Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 16 Feb. 8, 2021 Proclamation #20210111-6.D Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 16 Feb. 8, 2021 Proclamation #20210111-6.D Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 13 of 16 Feb. 8, 2021 ORDER Return to: Town of Hillsborough- Planning Dept. P.O.Box 429 Hillsborough, NC 27278 TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS ORDER CLOSING TWO UNOPENED Rights of Way ON THE WEST SIDE OF LAKESHORE DRIVE PURSUANT TO NORTH CAROLINA GENERAL STATUTE § 160A-299 WHEREAS, a request was made to the town of Hillsborough Board of Commissioners to permanently close two unopened rights of way on the west side of Lakeshore Drive shown on recorded maps as Hall Avenue and Lakeshore Drive extension; WHEREAS, on December 14, 2020, the Hillsborough Town Board conducted a public hearing after giving due notice thereof as required by North Carolina General Statutes Section 160A-299(a), at which all those wishing to be heard on the issue were given an opportunity to speak. NOW, THEREFORE, the Hillsborough Board of Commissioners find as follows: 1.It appears to the satisfaction of the Town Board that closing the unopened right of way known as Hall Avenue west of Lakeshore Drive extension and closing the unopened right of way known as Lakeshore Drive extension south of Hall Avenue, is not contrary to the public interest; and 2.No individual owning property in the vicinity of the portion of the rights of way to be closed will be deprived of a reasonable means of ingress and egress to their property. Based on the foregoing findings, it is ORDERED that the unopened right of way known as Hall Avenue west of Lakeshore Drive extension shall be closed in accordance with North Carolina General Statutes § 160A- 299(a) effective upon the recording of an instrument in the Orange County Register of Deeds Office, as shown in plat book page . WHEREFORE, the foregoing Order was put to a vote of the members of the Town of Hillsborough Board of Commissioners on the 11th day of January, 2021, the result of which vote were as follows: Ayes: 5 Noes: 0 Absent or Excused: 0 Dated: Jan. 11, 2021 ____________________________________ Sarah E. Kimrey, Interim Town Clerk Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 14 of 16 Feb. 8, 2021 Ordinance #20210111-7.E ORDINANCE New Town Code Section 5-11.a Prohibiting Discrimination within Hillsborough Town Limits It is hereby ordained by the Hillsborough Board of Commissioners as follows: Section 1. The following Section 5-11.a shall be added to the Code of Ordinances. 5-11.a Prohibition on discrimination in places of public accommodation and in employment. 1.Definitions. The following definitions apply to this ordinance: (a)“Discrimination” means any difference in treatment based on race, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief, age, or disability. (b)"Employer" includes any person employing one or more persons within the Town of Hillsborough and any person acting in the interest of an employer, directly or indirectly. (c)“Gender identity or expression” means having or being perceived as having gender- related identity, expression, appearance, or behavior, whether or not that identity, expression, appearance, or behavior is different from that traditionally associated with the sex assigned to that individual at birth. (d)“Person” includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, unincorporated organizations, fiduciaries, and other organized groups of persons. (e)“Place of public accommodation” includes, but is not limited to, any place, facility, store, other establishment, hotel, or motel that supplies goods or services on the premises to the public or which solicits or accepts the patronage or trade of any person. 2.Discrimination in places of public accommodations prohibited. It shall be unlawful for any proprietor or his/her employer, keeper, or manager in a place of public accommodation to deny any person, except for reasons applicable alike to all persons, regardless of race, creed, color, sex, sexual orientation, gender identity or Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 15 of 16 Feb. 8, 2021 Ordinance | 2 of 2 expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief, age, or disability the full enjoyment of the accommodations, advantages, facilities or privileges thereof. 3. Discrimination in employment prohibited. It shall be unlawful for any employer, because of the race, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief, age or disability or of any person to refuse to hire or otherwise discriminate against him/her with respect to hire, tenure, conditions, or privileges of employment, or any matter directly or indirectly related to employment. 4. Penalties and Enforcement. (a) Any person, firm, or corporation violating any provisions of this ordinance shall, under G.S. 14-4(a), be guilty of a Class 3 misdemeanor and shall be fined five hundred dollars ($500.00). Each and every day during which such discrimination continues shall be deemed a separate offense. (b) In addition to, or in lieu of the remedy provided in subsection (a), any person, firm, or corporation violating any provisions of this ordinance may be subject to an enforcement action brought by the Town under G.S. 160A-175(d) and (e) for an appropriate equitable remedy, including for a mandatory or prohibitory injunction commanding the defendant to correct the discrimination prohibited under this ordinance. Section 2. Any provision contained in the Code of Ordinances that is inconsistent with Section 5-11.a is repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this 11th day of January, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 ___________________________________ Sarah E. Kimrey, Interim Town Clerk Jan. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 16 Feb. 8, 2021