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Home My Public Portal About02-08-21 Regular MeetingMinutes Board of Commissioners Remote regular meeting 7 p.m. Feb. 8, 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: Interim Human Resources Director Haley Bizzell, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Town Manager Eric Peterson, Utilities Director Marie Strandwitz and Public Space Manager Stephanie Trueblood Opening of the meeting Mayor Jenn Weaver called the meeting to order at 7:01 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 that the board abides by it. 2.Audience comments not related to the printed agenda There was none. 3.Agenda changes and approval Weaver requested that Item 5C, a proclamation honoring Nancy Grebenkemper of PORCH Hillsborough, be moved to become Item 6A. Motion: Commissioner Kathleen Ferguson moved to approve the agenda as amended. Commissioner Matt Hughes seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Commissioners Mark Bell, Robb English, Ferguson, Hughes and Evelyn Lloyd. Nays: None. 4.Appointments Planning Board — Appointment of Hooper Schultz to fill current vacancy for a term expiring Jan. 31, 2024 Motion: Hughes moved to appoint Hooper Schultz to the vacant planning board seat. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Feb. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 9 March 8, 2021 5.Items for decision ― consent agenda A.Minutes 1.Regular meeting Jan. 11, 2021 2.Regular meeting closed session Jan. 25, 2021 B.Miscellaneous budget amendments and transfers C.Proclamation honoring Nancy Grebenkemper of PORCH Hillsborough D.Proclamation declaring Hillsborough a Breastfeeding Family Friendly Community E.Public Comment to North Carolina Utilities Commission Concerning Duke Energy’s 2020 Integrated Resource Plan Motion: Ferguson moved to approve the consent agenda as amended. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 6.Items for decision ― regular agenda A.Proclamation honoring Nancy Grebenkemper of PORCH Hillsborough (moved from consent agenda) Weaver welcomed Grebenkemper as a guest at the remote meeting. She then read the proclamation. B.Request from residents to rename Thomas Ruffin Street Planning Director Hauth said those who owned property along the street were 100% unanimous in requesting the name change. She added that if the board wanted to consider changing the name, then calling a public hearing would be the next step. Bell asked if other street names were considered. Marty Nelson, who lives on the street, answered that the residents of the street had considered a long list of names. Bell was hoping the residents would ask for it to be called Lydia Street for the name of the enslaved woman who was shot in the back. Thomas Ruffin wrote the brief about that. Nelson said Lydia Street was not considered; however, Jesse Ruffin was considered. He was a coachman. Ultimately, it was decided to stay away from names. Weaver said these neighbors have provided a model for how a street name change might work in the future. Hauth explained that a public hearing is required if the board has the intention of approving the name change. Motion: Ferguson moved to call a public hearing. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Lloyd said she was voting to hold the public hearing but she is not in favor of changing many street names. Feb. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 9 March 8, 2021 It was noted that the public hearing would take place at the board’s regular meeting March 8. C.Update on the impact of Reed v Town of Gilbert on local sign ordinance enforcement In response to complaints about a large campaign sign that continued to be displayed in town long after the election, Planning staff and the town attorney had prepared a memo for the board. Hauth briefly explained that years ago a Supreme Court case involved a local ordinance and the regulation of signs. As a result of that case, staff has not been allowed to read the content of a sign when regulating a sign. However, practically speaking, staff must read the message on a sign sometimes to determine what type of sign it is. Hauth said the large sign that generated complaints has been moved, so it could be appropriate for the board to do nothing. Town Attorney Bob Hornik said context clues are used in the real world. The Supreme Court’s decision was not unanimous and it changed a lot of longstanding case law. Signs have traditionally been categorized to some extent based on the nature of the content. The board agreed to not make changes to the sign ordinance at this time. D.Potential revisions to town board processes and ethics in the code of ordinances, direction to the town attorney Hughes explained that his proposed revisions drew from the code of ordinances of other jurisdictions. The mayor invited questions and comments page by page. Sec. 2-11 Hughes explained his suggested revision that would permit commissioners to submit into the record a written statement. There was brief discussion about what is captured in the board’s minutes. Hauth clarified that the board’s minutes are not a transcript but rather summaries. Hornik agreed and added that the minutes go well beyond the bare minimum the law requires and they aren’t supposed to be transcripts. English asked for clarification that nothing stops a commissioner from submitting a written statement now. Hughes agreed and said the amendment would retain that right. Sec. 2-15 There was discussion about possible revisions regarding public hearings. It was decided that continuing a public hearing to the next regular board meeting could cause timing issues that might affect due process. This revision was dropped. Sec. 2-24 Hughes noted the code of ordinances states that an item can be referred to committee and the revision would add the option of referring an item to an advisory board. Sec. 2-23 Feb. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 9 March 8, 2021 Ferguson asked for wordsmithing, possibly replacing “citizen” with “parties before the board.” Hornik noted Board of Adjustment members would not be considered “town officials” as it is defined in this document, but Board of Adjustment members make decisions and need to abide by same or similar ethical standards. He noted the need for another term or broader definition. Hauth noted some town staff take oaths of office and serve as town officials in some situations. There was a suggestion that all advisory board members should take an oath. Hornik said he had enough direction to make revisions to Page 65. Hornik noted revisions on pages 67 and 68 would reflect that members have to vote; they cannot just withdraw. Revisions also need to clarify that domestic partners or spouses need to disclose interest but not roommates. Ferguson said disclosure of properties owned by household members gets into other people’s businesses. She thinks this goes too far. She is concerned that there could be domestic violence situations where someone might not want to disclose where they own property. Weaver summarized that the changes on Page 66 might be too prescriptive. The board needs a strong code of ethics that is manageable. She asked whether there were parts of the revision on this topic that commissioners wished to keep. English said it may be too prescriptive. Ferguson mentioned her domestic violence concern again. Hughes understands but can look up where people own property except with LLC, which manages to hide who owns the property. Filling board vacancy (page 68) Ferguson liked the process followed for filling a board vacancy. Bell agreed. Bell asked Hornik for clarification on whether the board can call a special election. Hornik said no, the board does not have the authority. The state legislature could give the board authority to call a special election if it asked for it. Weaver asked if the board could leave a seat empty if a general election was coming up relatively soon. Hornik answered that the General Statute states the board shall appoint someone to fill the vacancy. Hornik said another board chose not to fill that seat for six months. Hornik will work on revisions. E.Hot topics for work session Feb. 22, 2021 The strategy map will be the main focus. 7.Updates A.Board members Board members gave updates on the committees and boards on which they serve. B.Town manager Feb. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 9 March 8, 2021 Town Manager Eric Peterson noted Finance Director Daphna Schwartz had resigned to take another job and Keri Carnes would be the interim director. A news release would be forthcoming. C.Staff (written reports in agenda packet) It was noted that the Water and Sewer Advisory Committee had decided to change from holding monthly meetings to holding quarterly meetings in May, August and November. 8.Adjournment Motion: Bell moved to adjourn at 9:16 p.m. Ferguson 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 Feb. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 9 March 8, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 02/08/2021 TO 02/08/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 02/08/2021 250,000.00 -35,000.00To cover PD Annex roof 20481 30,985.00EBRADFORD 02/08/2021 250,000.00 -5,000.00To repair PD Annex HVAC 20483 25,985.00EBRADFORD 02/08/2021 250,000.00 -1,124.00To cover OC Alerts 20489 24,861.00EBRADFORD 10-10-4200-5300-110 PHONE/INTERNET/CODE RED 02/08/2021 6,720.00 1,124.00To cover OC Alerts 20488 9,617.00EBRADFORD 10-20-5100-5300-150 MAINTENANCE - BUILDING 02/08/2021 22,383.00 35,000.00To cover PD Annex roof 20482 61,288.00EBRADFORD 02/08/2021 22,383.00 5,000.00To repair PD Annex HVAC 20484 66,288.00EBRADFORD 10-20-5110-5100-020 SALARIES 02/08/2021 1,081,188.00 -686.00To correct amendment 20491 1,080,502.00EBRADFORD 10-20-5110-5100-021 PERSONNEL EXPANSION - SALARIES 02/08/2021 0.00 686.00To correct amendment 20490 0.00EBRADFORD 10-30-5600-5300-330 SUPPLIES - DEPARTMENTAL 02/08/2021 14,500.00 -596.00To cover engineering 20485 15,028.78EBRADFORD 10-30-5600-5300-455 C.S./ENGINEERING 02/08/2021 14,000.00 596.00To cover engineering 20486 41,480.25EBRADFORD 30-70-5972-5972-002 TRANSFER TO WATER SDF RESERVE FUND 02/08/2021 0.00 43,792.00To record Water SDFs 20494 249,872.00EBRADFORD 02/08/2021 0.00 3,864.00To record Water SDFs 20502 253,736.00EBRADFORD 30-70-5972-5972-003 TRANSFER TO SEWER SDF RESERVE FUND 02/08/2021 0.00 39,997.00To record Sewer SDFs 20495 199,985.00EBRADFORD 02/08/2021 0.00 3,243.00To record Sewer SDFs 20501 203,228.00EBRADFORD 02/08/2021 0.00 -3,243.00Reverse Budget Amendment 20510 199,985.00EBRADFORD 30-80-3500-3523-002 WATER SYSTEM DEVELOPMENT FEES 02/08/2021 0.00 43,792.00To record Water SDFs 20496 249,872.00EBRADFORD 02/08/2021 0.00 3,864.00To record Water SDFs 20503 253,736.00EBRADFORD 30-80-3500-3525-002 SEWER SYSTEM DEVELOPMENT FEES 02/08/2021 0.00 39,997.00To record Sewer SDFs 20497 199,985.00EBRADFORD 02/08/2021 0.00 3,243.00To record Sewer SDFs 20500 203,228.00EBRADFORD 02/08/2021 0.00 -3,243.00Reverse budget amendment 20509 199,985.00EBRADFORD 30-80-3880-3887-000 INSURANCE PROCEEDS 02/08/2021 0.00 49,360.00To replace damaged truck 20504 49,360.00JDELLAVALL 30-80-8140-5700-740 CAPITAL - VEHICLES 02/08/2021 0.00 49,360.00To replace damaged truck 20505 49,360.00JDELLAVALL 35-30-5900-5300-113 LICENSE FEES 02/08/2021 3,200.00 1,393.00ESRI license renewal 20506 4,993.00JDELLAVALL 35-30-5900-5300-165 MAINTENANCE - INFRASTRUCTURE 02/08/2021 72,500.00 -893.00ESRI license renewal 20507 71,607.00JDELLAVALL 35-30-5900-5300-350 UNIFORMS 02/08/2021 500.00 -500.00ESRI license renewal 20508 0.00JDELLAVALL 75-75-3870-3870-156 TRANS FR W/S US BUS 70 WTR PHASE I 02/08/2021 299,741.50 43,792.00To record Water SDFs 20493 553,477.50EBRADFORD 75-75-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I EBRADFORD 12:36:08PM02/02/2021 fl142r03 Page 1 of 2 GF- Contingency Admin. PD-Admin. PD-Patrol PD-Patrol Streets Streets WSF- Transfer WSF- Transfer WSF- Revenue WSF- Revenue WSF- Revenue Water Distribution Stormwater Stormwater Stormwater Water Sys Dev Fees Water Sys Dev Fees Feb. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 9 March 8, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 02/08/2021 TO 02/08/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 02/08/2021 299,741.50 43,792.00To record Water SDFs 20492 553,477.50EBRADFORD 76-76-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB 02/08/2021 1,008,106.50 39,997.00To record Sewer SDFs 20499 1,211,334.50EBRADFORD 02/08/2021 1,008,106.50 -3,243.00Correct budget amendment 20511 1,208,091.50EBRADFORD 76-76-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS 02/08/2021 1,008,106.50 39,997.00Record Sewer SDFs 20498 1,211,334.50EBRADFORD 02/08/2021 1,008,106.50 -3,243.00Correct budget amendment 20512 1,208,091.50EBRADFORD 435,118.00 EBRADFORD 12:36:08PM02/02/2021 fl142r03 Page 2 of 2 Sewer Sys Dev Fees Sewer Sys Dev Fees APPROVED: 5/0 DATE: 2/8/21 VERIFIED: ___________________________________ Feb. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 9 March 8, 2021 Proclamation #20210208-5.D Feb. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 9 March 8, 2021 Proclamation #20210208-6.A Feb. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 9 March 8, 2021