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Home My Public Portal About02-22-21 Work Session Minutes Board of Commissioners Remote work session 7 p.m. Feb. 22, 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: Budget Director Emily Bradford, Economic Development Planner Shannan Campbell, Interim Finance Director Keri Carnes, Assistant to the Manager/Deputy Budget Director Jen Della Valle, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik and Town Manager Eric Peterson 1. Opening of the work session Mayor Jenn Weaver called the meeting to order at 7 p.m. and confirmed the presence of a quorum. Interim Town Clerk and Human Resources Technician Sarah Kimrey called the roll. 2. Agenda changes and approval Commissioners Kathleen Ferguson and Mark Bell requested to remove items 4B and 4E, respectively, from the consent agenda for discussion. The items were reassigned as items 5A and 5B. Motion: Ferguson moved to accept the agenda as amended. Bell seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Commissioners Bell, Robb English, Ferguson, and Evelyn Lloyd. Nays: 0. Absent: Commissioner Matt Hughes. Hughes joined meeting at 7:03 p.m. 3. Presentations Quarterly Economic Development Update Economic Development Planner Shannan Campbell gave the quarterly report, noting COVID-19 economic recovery strategies and strong events and activities in the last quarter of the year, including a bucket list of ideas to celebrate the holidays in Hillsborough. She said the Find Your Calm campaign to visit Hillsborough is continuing, with radio, print and social media ads. She noted countywide collaborations, including the Save Our Restaurants pledge asking people to commit takeout one to two times per week. 4. Items for decision ― consent agenda A. Miscellaneous budget amendments and transfers B. Amendment to Section 5-11a of the non-discrimination ordinance C. Resolution to appoint Keri Carnes as finance officer D. 2021 Board of Commissioners meeting calendar amendment Feb. 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 1 of 10 March 8, 2021 E. Delinquent food & beverage tax, penalties, and interest due from Samantha’s Pupusas Motion: Ferguson moved to approve the consent agenda as amended. English seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 5. In-depth discussion and topics A. Amendment to Section 5-11a of the non-discrimination ordinance This item was moved from the consent agenda to allow discussion. The mayor noted Ferguson brought this proposal forward to add natural hair and hairstyles as protected classes in the town’s recently adopted non- discrimination ordinance. Weaver said the language comes from the CROWN Act (Creating a Respectful and Open Workplace for Natural Hair), a law adopted first in California to prohibit discrimination based on hairstyle and hair texture. Town Attorney Bob Hornik said he checked whether Orange County’s other jurisdictions had added the language to their recently adopted non-discrimination ordinances. The county and the Town of Chapel Hill had not, with Chapel Hill noting natural hair and hairstyles already were protected through other classifications in the ordinance. Hornik said generally race, ethnicity and religion have a lot to do with hairstyle. He said making the additions of natural hair and hairstyles could lead to an expansive list of items that are distinguishing. When asked, he gave clothing styles, head pieces and tattoos as possible examples. There was discussion that there is a difference in what people choose to add to their bodies and what they are born with; that existing anti-discrimination laws do not protect against hair-based discrimination as evidenced by the CROWN Act movement and examples of hair-based discrimination in this country; and that the U.S. military has updated grooming standards to reflect inclusive practices. Police Chief Duane Hampton said his concern in adding the words “natural hair and hairstyles” to the ordinance centers around what the town attorney had discussed. He said he is worried about unintended consequences for organizations that have standards for appearance. He asked for clarification about what is meant by “natural hair and hairstyles,” saying he inferred “hairstyles” as including color. There was discussion that that is a misinterpretation and that the words refer to hair that is untreated or what some people might refer to as kinky, curly or coarser hair. There was discussion on what limits, if any, there might be on what is considered natural hair and hairstyles. Town Manager Eric Peterson suggested adding the word “natural” in front of both “hair” and “hairstyles.” Motion: Ferguson moved to approve the ordinance as amended with the word “natural” inserted before “hairstyles.” Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. B. Delinquent food and beverage tax, penalties, and interest due from Samantha’s Pupusas This item was moved from the consent agenda to allow discussion. There was discussion about how the nonpayment of food and beverage taxes between November 2017 and December 2020 by the restaurant Samantha’s Pupusas went unnoticed for so long and how to prevent future occurrences. The economic development planner noted new businesses usually will apply for building permits to renovate a space to their needs, which then would trigger notice to various town departments. She said communication between Feb. 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 2 of 10 March 8, 2021 departments has improved, and perhaps the issue is due to employee turnover. It was noted that it would be easier to track businesses if local business privilege fees and taxes could be assessed still in North Carolina. There was discussion about ensuring the same treatment for businesses delinquent in food and beverage tax payment, with discussion on what the payment plan was for the cafeteria at the UNC Hospitals Hillsborough Campus, which also had been delinquent in payments after opening. The payment plan arranged with UNC Hospitals in 2017 required that the system pay the taxes due and half the penalties and interest due. The 18- month payment plan arranged with Samantha’s Pupusas allows for one month of forgiveness of penalties and interest for each on-time payment. If all payments were made on time, the restaurant could receive a 53% reduction in what is owed, the town attorney noted. There was discussion about the methodology for determining payment plans and the handling of penalties and interest in the last year. The attorney said he did not recall any situation in the last year that did not involve applying both penalties and interest. He said one proprietor adamantly refused to pay and the town has obtained a judgment against the proprietor in Magistrate’s Court and plans to pursue it. The economic development planner said delinquent food and beverage taxes happen mostly with new businesses. Sometimes a pattern is seen with existing businesses of falling behind and then catching up with remitting the taxes, Campbell said. With new businesses like the hospital cafeteria and Samantha’s Pupusas, the remittance of the taxes may never get put into a business’s system as it is starting up. Campbell said she thinks that is a different situation from a business which is still collecting the tax but not remitting it to the town. It was determined it would be a good practice for staff to notify the town board when a business falls three to six months behind in remitting taxes. Motion: Bell moved to approve the payment plan as presented. Ferguson seconded. Bell said he wanted to memorialize for future occurrences that the town is willing to enter discussions with businesses which make this mistake and are cooperative; that businesses which knowingly violate the ordinance probably will not see any reduction in penalties and interest; and that staff will create additional processes to monitor more frequently for situations which might need to be brought to the board’s attention. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. C. Budget “Mini” Retreat – Strategic Plan Check-In Assistant to the Manager and Deputy Budget Director Jen Della Valle thanked the mayor and board for their flexibility on the handling of the budget process with a series of mini virtual retreats due to the pandemic. She noted they would be continuing the strategic plan conversation tonight that was kicked off at the board’s work session on Jan. 25. The mayor led a discussion on the town’s values. In a slide presentation, she showed how these guiding principles have changed since 2019, when they were listed on a strategy map tied to the town’s former system for monitoring progress on goals. She reminded the board that the town’s management team had proposed a redesign of the system then and that the board discussed town values at its budget retreat last March, right before the town declared a state of emergency due to COVID-19. At that retreat, the mayor and commissioners decided on the need for definitions for their six selected values. Since then, she and English also refined and consolidated the values while defining them. Feb. 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 3 of 10 March 8, 2021 She presented the four draft values and definitions to the board for discussion. She noted that ideally the definitions would be short enough to fit on the strategy map and that she and English could further reduce the definitions if desired. • Vibrancy ― A vibrant Hillsborough is one that is lively and active, and the activity is visible and frequent. We see this manifest in cultural art events, recreation, and how people know each other and are connected by physical and social networks. The people, physical environment, and business community are core to this vibrant atmosphere. • Equity and Inclusion ― Hillsborough is a place where every resident can thrive, where everyone who lives and works here feels they belong. We will strive to support policies, plans, and actions that are administered fairly to build a Hillsborough where people of all races, ethnicities, genders, sexes, sexual orientations, abilities, and incomes want to live, can afford to live, and will be treated with dignity and respect. • Forward Thinking ― We think and make decisions that can persist over generations, acknowledging that economic environmental and social issues are interrelated. This community has a unique sense of place encapsulated by both Hillsborough's long and treasured history and where it meets change and looks to the future. We have an obligation to be fiscally, environmentally, and culturally wise in order to plan for the long term and be resilient to unforeseen events. We strive to foster a culture of innovation and creativity in town operations. • Public Service ― The Town of Hillsborough is here to serve. We are committed to good and ethical governance. We are responsible stewards of community tax dollars put to use for the public good. We strive to ensure each resident, visitor, business, and employee are safe as they live, work, and play in Hillsborough, and this sense of safety should extend beyond the physical environment to foster a community where the people are free from worry regarding whether who they are has bearing on how they are treated. Commissioners expressed approval of the values and definitions. Commissioner Mark Bell suggested a change to the vibrancy definition to be inclusive of people who are less able. English suggested including the word “sustainability” in the values. Ferguson noted the first sentence of the equity and inclusion definition is a clearer definition of sustainability to her than the word itself. Della Valle noted the strategic plan will continue to go through different iterations as language is refined and different pieces of the plan are worked on. She reviewed that the board provided feedback on the five draft focus areas and objectives for the strategic plan at its Jan. 25 work session. She reviewed changes staff proposed in response and asked for feedback. The board members expressed agreement with objectives added to the Service Excellence focus area to integrate racial equity into the plan and to include community engagement. Ferguson asked that the word “all” be added before “people” in the objective for the Community Safety focus area to make it inclusive. There was discussion about two objectives proposed for removal from the Economic Vitality focus area, with language revision suggested for the objective of minimizing the cost of government to clarify that the intent is to provide quality, efficient services while being mindful of costs to the community. It was suggested also that the objective regarding maintaining a healthy balance between residential and commercial tax bases be used as a measure to gauge performance in achieving economic vitality. Feb. 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 4 of 10 March 8, 2021 Della Valle noted staff have been working to consolidate draft objectives and are being mindful to propose objectives that staff can make progress toward. She said they will continue to refine the objectives and invited specific examples of desired additions to the Community Safety focus area and other areas. There was no additional feedback. Della Valle said staff will continue building the plan and will bring it back for discussion before the board. 6. Other business There was none. 7. Committee updates and reports Board members gave updates on the committees and boards on which they serve. 8. Adjournment Motion: Ferguson moved to adjourn at 9.26 p.m. Bell 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. 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 5 of 10 March 8, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 02/22/2021 TO 02/22/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 02/22/2021 250,000.00 -12,200.00To cover SmartFusion maintenance 20527 12,661.00EBRADFORD 10-10-4400-5300-453 C.S./HARRIS 02/22/2021 16,800.00 12,200.00To cover anticpated yr-end overage 20526 29,000.00EBRADFORD 10-10-6600-5300-080 TRAINING/CONF./CONV. 02/22/2021 15,000.00 -6,000.00To cover life rings 20531 9,000.00EBRADFORD 10-10-6600-5300-332 DEPT.SUPPLIES/OSHA 02/22/2021 34,400.00 6,000.00To cover life rings 20532 40,400.00EBRADFORD 10-20-5100-5300-080 TRAINING/CONF./CONV. 02/22/2021 10,050.00 -3,500.00To cover ammunition 20514 6,550.00EBRADFORD 10-20-5110-5100-030 BONUS PAY 02/22/2021 2,100.00 1,800.00To cover training recruit officers 20530 6,586.00EBRADFORD 10-20-5110-5300-080 TRAINING/CONF./CONV. 02/22/2021 4,000.00 -3,300.00To cover ammunition 20515 700.00EBRADFORD 10-20-5110-5300-330 DEPARTMENTAL SUPPLIES 02/22/2021 15,500.00 6,800.00To cover ammunition 20516 29,329.16EBRADFORD 10-20-5120-5100-010 OVERTIME COMPENSATION 02/22/2021 8,000.00 -1,800.00To cover training recruit officers 20529 4,200.00EBRADFORD 30-80-7240-5300-572 ELECTRONIC PAYMENT FEES 02/22/2021 120,000.00 12,300.00To cover anticpated yr-end overage 20525 132,300.00EBRADFORD 30-80-8220-5300-458 DATA PROCESSING SERVICES 02/22/2021 588.00 7.00Software & communication support for ga 20518 695.00JDELLAVALL 30-80-8220-5300-570 MISCELLANEOUS 02/22/2021 4,610.00 -7.00Software & communication support for ga 20517 4,603.00JDELLAVALL 30-80-9990-5300-000 CONTINGENCY 02/22/2021 300,000.00 -12,300.00To cover electronic payment processing fe 20528 227,638.00EBRADFORD 75-75-3870-3870-156 TRANS FR W/S US BUS 70 WTR PHASE I 02/22/2021 299,741.50 7,728.00To record Water SDFs 20519 561,205.50EBRADFORD 75-75-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I 02/22/2021 299,741.50 7,728.00To record Water SDFs 20520 561,205.50EBRADFORD 76-76-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB 02/22/2021 1,008,106.50 6,486.00To record Sewer SDFs 20521 1,214,577.50EBRADFORD 02/22/2021 1,008,106.50 3,243.00To record Sewer SDFs 20523 1,217,820.50EBRADFORD 76-76-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS 02/22/2021 1,008,106.50 6,486.00To record Sewer SDFs 20522 1,214,577.50EBRADFORD 02/22/2021 1,008,106.50 3,243.00To record Sewer SDFs 20524 1,217,820.50EBRADFORD 34,914.00 EBRADFORD 8:37:59PM02/16/2021 fl142r03 Page 1 of 1 GF - Contingency Accounting Safety & Risk Mgmt Safety & Risk Mgmt Police- Admin. Police- Patrol Police - Patrol Police- Patrol Police- I&CS Billing & Collections WWTP WWTP WSF- Contingency Water SDFs Water SDFs Sewer SDFs Sewer SDFs APPROVED: 5/0 DATE: 2/22/21 VERIFIED: ___________________________________ Feb. 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 6 of 10 March 8, 2021 RESOLUTION To Appoint Keri Carnes as Finance Officer WHEREAS, North Carolina General Statute 159-24 states each local government and public authority shall appoint a finance officer; and WHEREAS, the finance officer is responsible for providing financial safeguards and ensuring that all duties of the finance officer are adequately and efficiently covered; and WHEREAS, Keri Carnes, interim finance director is qualified to serve in the position of finance officer; and WHEREAS, as internal controls are an integral part of the organization, this appointment will improve the segregation of duties; and WHEREAS, having a finance officer will help ensure that all duties of the finance office are adequately and effectively covered; NOW, THEREFORE, BE IT RESOLVED, the Hillsborough Board of Commissioners herby appoints Keri Carnes as finance officer. Approved this 22nd day of February 2021. Seal Jenn Weaver, Mayor Town of Hillsborough Resolution #20210222-4.C Feb. 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 7 of 10 March 8, 2021 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 Adopted Oct. 12, 2020 Amended Feb. 22, 2021 Meeting Calendar ― 2021 Board of Commissioners All meetings start at 7 p.m. and are in the Town Hall Annex Board Meeting Room, 105 E. Corbin St., unless otherwise noted. Times, dates and locations are subject to change. Due to public health concerns related to COVID-19, the board may conduct remote meetings utilizing Zoom. The public will be able to view and listen to the meeting via live streaming video on the town’s YouTube channel. Regular meetings Regular meetings typically occur the second Monday of the month. Jan. 11 Remote Feb. 8 Remote March 8 Remote April 12 Remote May 10 Remote June 14 Remote (with budget adoption) Aug. 9 Remote Sept. 13 Remote Oct. 11 Remote Nov. 8 Remote Dec. 13 Remote Work sessions Work sessions typically occur the fourth Monday of the month. Jan. 25 Remote Feb. 22 Remote March 22 Remote April 26 Remote May 24 Remote (with budget public hearing and workshop) June 7 Remote (with budget workshop) – if needed June 28 Remote Aug. 23 Remote Sept. 27 Remote Oct. 25 Remote Nov. 22 Remote Joint public hearings Joint public hearings with the Planning Board typically occur the third Thursday of a month. Jan. 21 Remote April 15 Remote July 15 Remote Oct. 21 Remote Feb. 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 8 of 10 March 8, 2021 ORDINANCE Amending Town Code Section 5-11.a It is hereby ordained by the Hillsborough Board of Commissioners as follows: Section 1. The following of Section 5-11.a of the Code of Ordinances shall be amended. The phrase “natural hair or natural hairstyles” shall be inserted between the words “race” and “creed” in subparagraphs 1(a), (2) and (3) of Section 5.11a to add them as protected classes. 1.Definitions (a)“Discrimination” means any difference in treatment based on race, natural hair or natural hairstyles, 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. 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, natural hair or hairstyles, 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 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, natural hair or hairstyles, 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. 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. Ordinance #20210222-5.A Feb. 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 9 of 10 March 8, 2021 The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this 22nd day of February, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 ___________________________________ Sarah E. Kimrey, Interim Town Clerk Ordinance #20210222-5.A Feb. 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 10 of 10 March 8, 2021