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HomeMy Public PortalAbout05-10-21 Agenda Regular Meeting101 E. Orange St., PO Box 429, Hillsborough, NC 27278 www.hillsboroughnc.gov | @HillsboroughGov Board of Commissioners Agenda | 1 of 3 Agenda Board of Commissioners Remote regular meeting 7 p.m. May 10, 2021 Virtual meeting via YouTube Live Town of Hillsborough YouTube channel Due to current public health concerns, this meeting will be conducted remotely using Zoom. Public comment instructions are available below the agenda. Please use the bookmark feature to navigate and view the item attachments. 1.Public charge The Hillsborough Board of Commissioners pledges to the community of Hillsborough its respect. The board asks participants to conduct themselves in a respectful, courteous manner with the board and with fellow participants. At any time should any member of the board or any participant 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.Presentations A.Annual Report from the Partnership to End Homelessness B.January-March 2021 Quarterly Economic Development and Tourism Report 5.Items for decision ― consent agenda A.Minutes 1.Regular meeting April 12, 2021 2.Work session April 26, 2021 B.Miscellaneous budget amendments and transfers C.Miscellaneous Tourism Board budget amendments and transfers D.HOME Annual Action Plan and Program Activities for Fiscal Year 2022 E.Agreement with Orange County for fire inspection services F.Town code amendment to update parking restrictions, speed limits, and stop sign locations G.Town code amendments to align more closely with Orange County fire code provisions H.Acceptance of Waterstone Medical Office Building Sewer Extension I.Acceptance of Daphine Drive Water & Sewer Extensions J.Resolution appointing town manager as finance officer and designating bank depository signatories K.Proposed contract for preparation of annual financial statements and non-attest services for the Fiscal Year ending June 30, 2021 Board of Commissioners Agenda | 2 of 3 L. Memorandum of Understanding with Triangle Off Road Cycles for multi-use trails in Cates Creek Park M. Proclamation in support of Police Week and Peace Officers Memorial Day N. Resolution authorizing contract with Orange County for Community Development Block Grant- Coronavirus Grant administration O. Resolution authorizing land exchange with Orange Rural Fire Department 6. Items for decision ― regular agenda A. Request for light shield at 305 W. Queen St. B. Request for public hearing to close Cole Avenue – unopened right of way on south side of West Margaret Lane C. Stormwater request – 206 and 218 E. Queen St. D. Fiscal Year 2022 Budget Update E. Budget amendment request to purchase police training simulator 7. Updates A. Board members B. Town manager C. Staff (written reports in agenda packet) 8. Adjournment Interpreter services or special sound equipment for compliance with the American with Disabilities Act is available on request. If you are disabled and need assistance with reasonable accommodations, call the Town Clerk’s Office at 919-296-9443 a minimum of one business day in advance of the meeting. Public Comment Instructions For public hearings, agenda items and items not on the agenda 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. 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 by 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.) Board of Commissioners Agenda | 3 of 3 Prior to the meeting, speakers will be emailed a Zoom participant link to be able to make comments during the 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. For concerns prior to the meeting related to speaking, contact the town clerk at 919-296-9443. Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 4.A Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Annual Report from the Partnership to End Homelessness Attachment(s): 1. Annual Report Brief Summary: Corey Root will be present to discuss the 2020 annual report. Action Requested: Receive report. ISSUE OVERVIEW Background Information & Issue Summary: The Orange County Partnership to End Homelessness (OCPEH) was created in 2008 to coordinate funding and activities to end homelessness in Orange County. Coordinator Corey Root will present the 2020 Annual Report highlighting the current status of homelessness. Financial Impacts: N/A Staff Recommendations/Comments: N/A MONTH # HOUSEHOLDS # CALLS # EMAILS April 113 210 5 May 350 617 116 June 391 1005 293 July 365 915 598 August 507 1527 1579 September 628 1459 955 October 587 1335 1032 November 571 1328 1224 December 667 1518 1263 2020 TOTAL 4179 9914 7065 For more information about homelessness in Orange County, contact Corey Root, croot@orangecountync.gov, (919) 245-2496. Collaboration with Orange County Housing & Community Development led to unprecedented expansion 2020 REPORT VULNERABLE HOUSEHOLDS HOUSED IN 2020 HOUSED SINCE 2012 87294 0 20 40 60 80 100 202020192018201720162015201420132012 78 87 51 18 2119 887 INCREASED NUMBER HOUSED SPECIAL POPULATIONS Progress Towards Ending Chronic Homelessness In Orange County 0 10 20 30 40 50 Chronically Homeless Families Homeless Veterans 2010 2012 2014 2016 20182011201320152017 2019 2020 -66% DECREASE2010-2019CHRONIC HOMELESSNESS PROGRAM DESCRIPTION STARTED FTEs Housing Helpline Coordinated entry point for people seeking housing and homeless services April 2020 2 fulltime, 2 temp Housing Access Coordinator Working with landlords to make units available for people at very low incomes April 2020 1 Rapid Re-housing Short-term rental assistance and services April 2020 2 Street Outreach, Harm Reduction & Deflection* Connections to housing and services for people living unsheltered October 2020 3 *Partnership with OC Criminal Justice Resource Department 4 Direct Service Programs Added in 2020 Housing Helpline Contacts Increased Dramatically during COVID-19 2020 REPORT PEOPLE IN ORANGE COUNTY EXPERIENCED HOMELESSNESS ON ONE NIGHT124 People experiencing homelessness are disproportionately people of colorUnsheltered Homeless Sheltered Homeless Orange County Point-in-Time (PIT) count numbers virtually flat since 2010 11%* DECREASE 24%** DECREASE PEOPLE SERVED*** PERMANENT SUPPORTIVE HOUSING RAPID RE-HOUSING42 96 SHELTER TRANSITIONAL HOUSING 225140SHELTER & TRANSITIONAL HOUSING365 UnshelteredSheltered POINT-IN-TIME COUNT DATA 2010-2020 0 50 100 150 200 20202019201820172016201520142013201220112010 118 17 103 33 82 28 93 30 99 9 109 20 90 37 113 39 102 29 105 19 65 15 -8% DECREASE2010-2020 For more information about homelessness in Orange County, contact Corey Root, croot@orangecountync.gov, (919) 245-2496. $1.7 MILLION $11.2 MILLION FEDERAL FUNDING PREVIEWED IN 2020 SINCE 2005$ $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 Emergency Solutions Grant (ESG) Continuum of Care (CoC ONLINE RESOURCE DATABASE:OCCONNECT.INFO *-11% Decrease Nationwide (Tot ‘19: 567,715. Tot ‘10: 637,0077) https://www.hudexchange.info/programs/coc/coc-homeless-populations-and-subpopulations-reports **24% decrease statewide, 2010-2019 https://www.ncceh.org/media/files/files/7bd752c5/2019-nc-pit-infographic.pdf ***FY2020 System Performance Measures Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Planning/Econ Dev. Public Hearing: Yes No Date of Public Hearing: N/A For Clerk’s Use Only AGENDA ITEM # 4.B Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Shannan Campbell, Economic Development Planner ITEM TO BE CONSIDERED Subject: January-March 2021 Quarterly Economic Development and Tourism Report Attachment(s): 1. Adobe .PDF of the report for review Brief Summary: Early Spring highlights, COVID-19 Economic Recovery Strategies, and upcoming projects and initiatives. Action Requested: None ISSUE OVERVIEW Background Information & Issue Summary: None Financial Impacts: None Staff Recommendations/Comments: None 5/5/2021 1 Tourism & Economic Development Update May 2021 January-March Update Economic Development Business Needs Identified: •Social Media/Marketing assistance •Employees (particularly in hospitality) •Capital 1 2 5/5/2021 2 Economic Development Previous Q1 COVID-19 Economic Recovery Strategies: •Market our town and businesses as safe, reliable places to spend time and money. Encourage buying local and remind residents and visitors that if you do not ‘use a business, we could lose a business’ •Help our businesses adapt to changing regulations and operations, to health and safety standards and mandates, and to changes in the market demand and community wants and needs. •Create and identify opportunities for prospective and current businesses to grow and partner through entrepreneurship, new approaches, sustainability, and relationship building. Economic Development Current (Q2 forward) COVID-19 Economic Recovery Strategies: •Market our town as the place to get out and explore. There is a pent-up need/demand in the market. People are cautiously looking for ways to get out and do things again. •Help our businesses adapt to the shift in growing demand for goods and services. Building capacity and staffing are huge issues. •Encourage continued business and non-profit partnerships. Many bonds were formed, and relationships made during the pandemic that resulted in good ideas and programming. 3 4 5/5/2021 3 Economic Development •There hasn’t been a ton of movement during COVID-19 but Q1 saw numerous phone calls on businesses wanting to start, expand, and relocate in Hillsborough. •Key vacant properties for sale/being explored for development: 1120 NC 57 110 Cardinal Drive 378 S Churton Street (Former Russell’s Steakhouse) 625 Valley Forge Road (pre-leasing to build) 1700 NC 86S 202 Holiday Park Road (Former Moose Lodge) •Key industries looking: Restaurant/Breweries Retail Light Manufacturing Commercial Services/Flex Space Tourism Q1 was thinking about how to welcome folks back to Hillsborough! •The News of Orange entered into a partnership with the Tourism Development Authority for a second painted mural downtown (RFQ is open now!). •Brainstorming Spring tourism marketing and coordinating with attractions for their programming plans.Leading in Q2 with tagline ‘The getaway you’ve been waiting for… Hillsborough, NC’ 5 6 5/5/2021 4 Tourism March saw the slow re-emergence of Art Walk and Last Fridays… Tourism Other highlights and upcoming events… •The Colonial Inn receives numerous accolades, including a write up in Our State Magazine. •Museum launches ‘Date Night’ Exhibit •Alliance launches ‘Lunch and Learn’ and a new ‘African American History’ walking tour •Burwell School creates new video about the historic site and persons who stayed there 7 8 Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Administration Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 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 April 12, 2021 2.Work session April 26, 2021 Brief Summary: None Action Requested: Approve minutes of the Board of Commissioners regular meeting April 12, 2021 and the Board of Commissioners work session April 26, 2021. ISSUE OVERVIEW Background Information & Issue Summary: None Financial Impacts: None Staff Recommendations/Comments: Approve minutes as presented. 5.A Minutes Board of Commissioners Remote regular meeting 7 p.m. April 12, 2021 Virtual meeting via YouTube Live Town of Hillsborough YouTube channel Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson and Evelyn Lloyd Absent: Commissioner Matt Hughes Staff: Interim Human Resources Director Haley Bizzell, Economic Development Planner Shannan Campbell, Interim Finance Director Keri Carnes, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Stormwater and Environmental Services Manager Terry Hackett, 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 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 Planning Director Margaret Hauth requested the board add an item regarding affordable housing assistance. She said the town has $48,000 in affordable housing funds and she would recommend dedicating $20,000 or $25,000 to the emergency housing fund managed by Orange County because COVID-19 relief funds are taking longer to come through than anticipated. Motion: Commissioner Kathleen Ferguson moved to add emergency housing funding assistance of $25,000 to Orange County to the consent agenda. There was no second. Motion: Ferguson amended the motion to add Emergency Housing funding assistance of $25,000 to Orange County as Item 7.G on the regular agenda. Commissioner Mark 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. DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 22 Motion: Ferguson moved to approve agenda as amended. Lloyd seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: 0. Absent: Hughes. 4. Presentations Orange County Recovery and Transformational Plan Hauth gave a brief presentation on the draft plan, which is available on the website orangencforward.org. 5. Appointments Tourism Development Authority — Appointment of Kim Tesoro to fill Tourism Board vacancy for a term expiring Jan. 31, 2022 Motion: Ferguson moved to approve the appointment. English seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. 6. Items for decision ― consent agenda A. Minutes 1. Regular meeting March 8, 2021 2. Work session March 22, 2021 B. Miscellaneous budget amendments and transfers C. Approval of membership agreement for Clean Water Education Partnership (CWEP) services D. Interim Alternative Implementation Approach (IAIA) approval of town participation E. West King Street time-limited parking and loading zone F. Amendments to Chapter 13 of the Code of Ordinances – Cemeteries G. Schools Adequate Public Facilities annual report H. Extension of emergency paid sick leave under the American Rescue Plan Act Motion: Bell moved to approve the items on the consent agenda. Ferguson seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. 7. Items for decision ― regular agenda A. Discussion of use of the Fairview Police Substation and Community Center This item was discussed after Item 7B to give the guests interested in this item more time to join the virtual meeting. Members of Fairview Community Watch gave a presentation outlining the history of the building and the longtime community expectation of being able to use the building for community center activities. Guests and speakers included Faylor Riley, president of Fairview Community Watch; Carol Morton, Kevin Giff of Habitat for Humanity of Orange County; Gaby Reyes; Patricia Harrison and Fannie Mills. DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 22 Ferguson spoke in support of the request. Hauth said she hears the speakers saying they want access to the building. She suggested the Town of Hillsborough create an agreement with Fairview Community Watch and issue a small number of keys or install a lockbox. She suggested the board move forward to try some ways of providing access that are relatively low cost. She noted options were presented in the agenda packet. Police Chief Duane Hampton said the police had fitness equipment in the building and were using the building for exercising only currently. Ferguson suggested the building be called the Dorothy Johnson Community Center. Motion: Ferguson moved to empower staff to draft an agreement to lease the building to Fairview Community Watch. Bell seconded. Weaver acknowledged there is a strong desire to use the building as a community center and to have a police presence in the neighborhood. She encouraged Fairview Community Watch members to continue to speak up about what they want. Town Manager Eric Peterson said an interior upgrade cannot be accomplished quickly. He thinks this is the right time to try out this arrangement. He noted there may be opportunities to apply for grants later. Riley said the community wants a police officer to always be in the neighborhood. Hauth said she was not expecting the Police Department to be in charge of the maintenance or scheduling of this building. She said someone would need to take on these roles until the town hires a facility maintenance person. She noted the COVID-19 pandemic is ongoing and all town buildings are closed to the public. She wondered if the expectation would be that this building would also be closed to the public for now. Peterson forecasted that buildings may reopen in September. That timeframe seemed reasonable to the watch members. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. B. Discussion on preferred streetlight fixtures and use of streetlight shields Public Space Manager Stephanie Trueblood stated that Duke Energy had replaced some of the mercury vapor light fixtures with LED light fixtures. Duke Energy’s standard light fixture is a 4,000 kelvin LED fixture. The town has had some projects with 3,000 kelvin LED fixture installation. The two fixtures emit the same amount of light but the 3,000 kelvin fixture has a filter that warms the light. Most people describe the 4,000 kelvin LED fixture as brighter. Now-retired Public Works Director Ken Hines traditionally asked for 3,000 kelvin LED fixtures to be installed. There have been complaints from residents and business owners generated since the installation of some 4,000 kelvin LED fixtures. The mayor and staff met with Duke Energy and the company quickly agreed to replace the 4,000 kelvin LED fixtures with 3,000 kelvin fixtures, noting that the town had requested it in the past but it was never a formal policy. Many towns are requesting 3,000 kelvin LED fixtures. DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 22 Trueblood said she confirmed with the Police Department and the North Carolina Department of Transportation that 3,000 kelvin LED fixtures are acceptable. Trueblood then explained that shields cost $250 per fixture and can reduce glare either directly in front or behind the pole but not both. The board will need to decide when to agree to a shield installation and who will pay for it. Will Spoon, a Hillsborough resident, addressed the board. He addressed the staff recommendation in the agenda packet that shields only be considered if the pole is within 25 feet of a residence. He noted that light trespass can exceed 25 feet and topography is a factor. Lisa Bakale-Wise addressed the board. She lives and works downtown. She cited health concerns that could arise from long-term exposure to 4,000 kelvin LED fixtures. She advocated for shields. She expressed concern about excessive nighttime lighting negatively affecting people and creatures. She thinks if neighbors disagree about whether a light should be shielded the board should rule in favor of the person requesting the shield. She thinks anyone within 100 feet of a light fixture should be able to request a shield. Jim Cowling and Jim Edmonds told the board they were available to answer any questions on behalf of Duke Energy. Meaghun Darab, who lives on the corner of South Nash Street and West Margaret Lane, addressed the board. She explained that the light fixtures in front of Nash Street businesses had been changed to LED fixtures about a year ago and she has been working on solutions to light trespass into her home. She found that switching the fixtures from 4,000 kelvins to 3,000 kelvins and adding shields did not help with the glare into her dining room. What helped was switching the type of light distribution from Type 3 to Type 2. She suggested the town policy include distribution types that would narrow the distribution to the street and sidewalks and not private property. Weaver noted that public comments that were submitted electronically would be added to the meeting minutes. She summarized that most comments were in favor of 3,000 kelvin LED fixtures. One email was written in favor of keeping the 4,000 kelvin fixtures. There were a variety of comments about shields including some residents offering to pay for their own shields. Bell spoke in support of a policy for 3,000 kelvin LED fixtures except in places where there is a justification for 4,000 kelvin fixtures. English agreed. There was some interest in making shields available but concerns about the cost to the town and the staff time required for determining whether shield installation is warranted. Trueblood said she needed to hear the board’s preference on kelvins. There is more time to develop a policy on everything else. Staff will continue to work on developing a policy for the use of shields and will return with options for further discussion. No formal action was taken. C. Update and discussion of Collins Ridge Hauth said staff is trying to avoid a situation where people are ready to move in and occupancy cannot be granted because the developer has too many outstanding issues. DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 22 Brett Hanna, speaking for the developer, said the 3-acre parcel set aside for affordable housing to be built by CASA does not meet the requirements to get the project funded as affordable housing. He said CASA discovered that it did not meet a requirement in September 2020 because of the proximity to a transmission line easement. He said the developer is asking the board for permission to use a different parcel for the affordable housing. Also, Duke Energy has denied the developer’s request to build a greenway in the transmission easement. Hanna said CASA has not provided a response about the proposed new location. Ferguson said the board needs to hear from CASA whether the new location would accommodate the anticipated 88 units. Chip Pickard with Criteria Development, the project’s developer, said he has shared the new location with Jess Brandes, CASA’s senior director of real estate development. Trueblood said placing the greenway closer to the future train station helps with the long-term goal to connect the train station with downtown. She expressed interest in the addition of recreational loops when Daniel Boone Village is redeveloped. Bell expressed reservation about the suggested new location being on the commercial property. When asked what would happen with the 3-acre parcel that was first selected for affordable housing, Pickard said it would be used for a park and additional housing units. Weaver asked about interfacing between the new proposed location of the CASA development and the rest of the neighborhood. Hanna said it would be legally part of the neighborhood and there would be connectivity. English said the CASA units have to be integrated into the neighborhood. Trueblood added the street network needs to be integrated and part of the community. She noted Hauth had said the plats adjacent to the new proposed location have not been assigned yet. Those backyards would be adjacent to the CASA development, which would be on a different street. That is not integration. Town Attorney Bob Hornik encouraged the developers to talk to CASA and make sure connectivity can be achieved in the way Trueblood and the board expressed. Hauth suggested a way to integrate the CASA housing into the neighborhood may be to move some of the proposed adjacent houses to the former CASA parcel and slide the CASA project forward so that the CASA units are on the same street as other residential housing. Hornik advised the board to direct Hauth to not sign off on the plats adjacent to the proposed CASA location because it could foreclose the possibility of connectivity. Hauth suggested directing her to approve plats in section 1A-3 but to wait on approving plats in 1B. Utilities Director Marie Strandwitz took the opportunity to remind the developers that the homes cannot be occupied until they have submitted as-built drawings and engineering certifications are complete. DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 22 Les Basnight of Devere Construction Company said there are three manholes left to test. Two still need a smoke test. All video has been done and submitted. As-built drawings are coming along. The workers have been preparing for a walk through. The goal is to have everything complete this week. A lot of repairs had to be made due to a survey error in the field which resulted in water and sewer lines not reaching properties. There was also a problem with the integrity of some of the pipe and it had to be replaced. The board took a brief break before the next item. D. Letter of interest in annexation for 30-acre site on N.C. 86 The board received a letter of interest in annexation of a 30-acre site on N.C. 86 north adjacent to the Waterstone development. The board expressed reservations about the additional housing units associated with the request and some interest in the proposed small lot sizes because they could facilitate lower home prices. E. Noise ordinance discussion follow-up Elise Tyler, general manager of The Colonial Inn, said she has the same perspective that she expressed a year ago, which includes a perspective of a resident and a commercial entity. Under COVID-19 restrictions, she hasn’t had a lot of opportunity to see what amplified sound will be like for guests and neighbors. The redevelopment of the inn included some sound-reducing foam insulation. She has been researching sound curtains to absorb the sound of outdoor entertainment. She believes being good neighbors is the solution. She said the noise ordinance has to be clear. The inn has quiet hours from 10 p.m. to 8 a.m. and will be able to operate at 65 decibels or lower. Weaver said comments sent electronically will be included in the minutes. She summarized some people who submitted comments feel that amplified sound is permitted later than they prefer but they can live with it and the fine structure isn’t enough of a deterrent. Some said the amendment has been written too hastily. Others said the cutoff is unenforceable and subject to abuse. Some expressed concern that the change will harm the reputation of Hillsborough among musicians and visitors. Some expressed concern that the amendment kicks businesses when they are down. The Hillsborough Tourism Board submitted comments that it is important to support live music and to be sure live music is still part of the Hillsborough ethos. Weaver asked the town attorney to respond to a written request from one of the owners of Hot Tin Roof. The request was that Bell recuse himself from voting on the noise ordinance because he lives within close proximity to The Colonial Inn and his property value may be affected. Hornik said he does not think Bell has a legal conflict of interest. If the standard is he might be able to hear music from The Colonial Inn or Hot Tin Roof, then everyone on the west side of town would have a conflict of interest. He does not think Bell’s property value is affected. He said Bell could speak up if he felt that he could not be unbiased. There is no legal conflict of interest. Weaver asked Hornik if the same reasoning would apply to anyone on the board. Anyone could ask to be excused from the vote if they felt they could not be unbiased. Hornik agreed. Hampton said the board has to balance the interest of business owners and the interest of residents. The proposed changes are changes to the existing ordinance. The noise ordinance is narrowly focused around how the Police Department addresses noise late at night and the civil penalty. A lot of comments received talked about River Park and Last Fridays but nothing about daytime would change with this amendment. Daytime amplified sound has never come up as an issue. Hampton reviewed the materials in the agenda packet. DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 22 The amendments include: • A cutoff of amplified sound at 11 p.m. Sunday through Thursday and at midnight on Fridays and Saturdays. • Stating that the complaining party could be a business. • Adding four nights of an extension until 1 a.m. per calendar year when a special events permit has been obtained. • Lowering the maximum civil penalty to $250. Hampton noted the Hot Tin Roof offers the only late-night music. He does not think the door opening and closing at the business is an issue. Addressing sound emitting from a business at 1 a.m. is not unreasonable. He has spoken with a musician who plays at Hot Tin Roof who said most bands will play within the confines of the amendments. The reputation problem among area musicians may be looking bigger than it actually is. Bell said Tyler has engaged neighbors on behalf of The Colonial Inn. He said the 11 p.m. cutoff and sound limits are reasonable. Hampton noted for the record that Hot Tin Roof had requested that this be put off for 12 months. The Police Department did not want delay now that businesses are reopening. Motion: Ferguson moved to adopt the proposed ordinance. Bell seconded. Weaver asked for clarification about making a judgment. Hampton said if the Police Department receives a complaint, an officer will verify that there is sound associated with the complaint. There will be an opportunity to appeal. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. F. Hot topics for work session April 26, 2021 The work session will be another mini-retreat focused on the budget. G. Added item – emergency housing funding assistance of $25,000 to Orange County Hauth said the money would be spent only on Hillsborough residents. The board could add a condition that it be returned if the COVID-19 relief funds come through. Motion: Bell moved to approve the $25,000 expenditure. Lloyd seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. 8. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager There was none. DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 22 C. Staff (written reports in agenda packet) There was none. 9. Adjournment Motion: Ferguson moved to adjourn at 11:59 p.m. Bell seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. Respectfully submitted, Sarah Kimrey Interim Town Clerk Staff support to the Board of Commissioners DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 22 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 04/12/2021 TO 04/12/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-3100-3101-216 2016 TAX LEVY 04/12/2021 0.00 2,005.00Adj to actual 20605 7,805.00EBRADFORD 10-00-3100-3101-217 2017 TAX LEVY 04/12/2021 0.00 836.00Adj to actual 20606 14,149.00EBRADFORD 10-00-3100-3101-218 2018 TAX LEVY 04/12/2021 0.00 3,423.00Adj to actual 20607 7,968.00EBRADFORD 10-00-3100-3101-219 2019 TAX LEVY 04/12/2021 35,000.00 4,454.00Adj to actual 20608 31,622.00EBRADFORD 10-00-3100-3101-220 2020 TAX LEVY 04/12/2021 6,196,000.00 23,000.00Adj to actual 20647 6,219,000.00EBRADFORD 10-00-3200-3100-000 OCCUPANCY TAX 04/12/2021 27,000.00 49,581.00To cover est. yr-end actual 20658 82,000.00EBRADFORD 10-00-3200-3203-998 3% HOLDBACK OCCUPANCY TAX 04/12/2021 0.00 2,043.00To cover est. yr-end actual 20660 2,460.00EBRADFORD 10-00-3900-3900-000 FUND BALANCE APPROPRIATION 04/12/2021 551,313.00 -9,218.00Adj to actual 20609 786,852.89EBRADFORD 04/12/2021 551,313.00 -2,043.00Adj to actual 20661 784,809.89EBRADFORD 10-00-9990-5300-000 CONTINGENCY 04/12/2021 250,000.00 -3,500.00To cover W. King St Loading Zone Stripin 20645 9,161.00EBRADFORD 10-10-4200-5300-474 RECRUITMENT 04/12/2021 2,500.00 315.00To cover recruiting overage 20592 2,815.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 04/12/2021 9,053.00 1,500.00Gift cards for employee appreciation effor 20603 6,688.00JDELLAVALL 10-10-4200-5300-577 WELLNESS PROGRAM ACTIVITIES 04/12/2021 8,000.00 -315.00To cover recruiting overage 20593 7,685.00EBRADFORD 04/12/2021 8,000.00 -1,500.00Gift cards for employee appreciation effor 20602 6,185.00JDELLAVALL 10-10-6300-5300-155 MAINTENANCE - PARKS 04/12/2021 54,600.00 -5,000.00To cover tree removal 20598 50,600.00EBRADFORD 04/12/2021 54,600.00 -20,954.00To move play equip to capital acct 20600 29,646.00EBRADFORD 10-10-6300-5300-156 MAINTENANCE - TREES 04/12/2021 16,200.00 5,000.00To cover tree removal 20599 24,200.00EBRADFORD 10-10-6300-5700-741 CAPITAL - EQUIPMENT 04/12/2021 0.00 20,954.00To move play equip to capital acct 20601 20,954.00EBRADFORD 10-30-5600-5300-165 MAINTENANCE - INFRASTRUCTURE 04/12/2021 0.00 3,500.00To cover W. King St Loading Zone Stripin 20644 3,500.00EBRADFORD 10-30-5600-5300-455 C.S./ENGINEERING 04/12/2021 14,000.00 23,000.00To cover pavement condition study 20646 64,480.25EBRADFORD 10-30-5800-5300-080 TRAINING/CONF./CONV. 04/12/2021 1,500.00 -500.00To cover anticpated overages 20591 1,000.00EBRADFORD 10-30-5800-5300-330 SUPPLIES - DEPARTMENTAL 04/12/2021 700.00 500.00To cover anticpated overages 20590 1,168.00EBRADFORD 10-50-6250-5300-002 PAYMENTS - TDA 04/12/2021 27,000.00 49,581.00To cover est. yr-end actual 20659 82,000.00EBRADFORD EBRADFORD 10:33:13PM04/06/2021 fl142r03 Page 1 of 3 GF- Revenue GF- Revenue GF- Revenue GF- Revenue GF- Revenue GF- Revenue GF- Revenue GF- Revenue GF- Contingency Admin. Admin. Admin. Public Space Public Space Public Space Streets Streets Solid Waste Solid Waste Economic Development DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 22 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 04/12/2021 TO 04/12/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-60-6900-5300-475 C.S./UTILITY ANALYSIS 04/12/2021 0.00 1,500.00To cover utility savings % charges 20604 7,022.00EBRADFORD 30-80-7240-5300-112 POSTAGE 04/12/2021 310.00 310.00To cover postage overage 20648 620.00EBRADFORD 30-80-7240-5300-458 DATA PROCESSING SERVICES 04/12/2021 28,154.00 -310.00To cover postage overage 20649 27,844.00EBRADFORD 30-80-8120-5300-340 OUTSIDE LAB SERVICES 04/12/2021 12,500.00 -1,000.00To cover regulatory fine caused by lab 20650 11,500.00EBRADFORD 30-80-8120-5300-570 MISCELLANEOUS 04/12/2021 1,200.00 1,000.00To cover regulatory fine caused by lab 20651 2,200.00EBRADFORD 43-23-3700-3700-100 NCDOT RAIL GRANT 04/12/2021 120,000.00 -120,000.00To move Rail Station to Fund 60 20621 0.00EBRADFORD 43-23-3700-3700-101 STATE TIP 04/12/2021 750,000.00 -750,000.00To move Rail Station to Fund 60 20622 0.00EBRADFORD 43-23-3700-3700-102 TRANSIT TAX 04/12/2021 116,000.00 -116,000.00To move Rail Station to Fund 60 20623 0.00EBRADFORD 43-23-3870-3870-100 TRANSFER FROM GENERAL FUND 04/12/2021 59,000.00 -93,000.00To move Rail Station to Fund 60 20624 0.00EBRADFORD 43-23-6510-5700-045 DESIGN 04/12/2021 891,000.00 -891,000.00To move Rail Station to Fund 60 20625 0.00EBRADFORD 43-23-6510-5700-046 LEGAL 04/12/2021 27,500.00 -27,500.00To move Rail Station to Fund 60 20626 0.00EBRADFORD 43-23-6510-5700-570 MISCELLANEOUS 04/12/2021 126,500.00 -160,500.00To move Rail Station to Fund 60 20627 0.00EBRADFORD 60-23-3700-3700-101 STATE TIP 04/12/2021 0.00 750,000.00To move Rail Station to Fund 60 20614 750,000.00EBRADFORD 60-23-3700-3700-102 TRANSIT TAX 04/12/2021 0.00 116,000.00To move Rail Station to Fund 60 20615 116,000.00EBRADFORD 60-23-3700-3700-103 NC DOT RAIL GRANT 04/12/2021 0.00 120,000.00To move Rail Station to Fund 60 20616 120,000.00EBRADFORD 60-23-3870-3870-100 TRANSFER FROM GENERAL FUND 04/12/2021 0.00 93,000.00To move Rail Station to Fund 60 20617 93,000.00EBRADFORD 60-23-6510-5700-045 DESIGN 04/12/2021 0.00 891,000.00To move Rail Station to Fund 60 20618 891,000.00EBRADFORD 60-23-6510-5700-046 LEGAL 04/12/2021 0.00 27,500.00To move Rail Station to Fund 60 20619 27,500.00EBRADFORD 04/12/2021 0.00 15,000.00To cover pre-bid work 20656 42,500.00EBRADFORD 60-23-6510-5700-570 MISCELLANEOUS 04/12/2021 0.00 160,500.00To move Rail Station to Fund 60 20620 160,500.00EBRADFORD 04/12/2021 0.00 -15,000.00To cover pre-bid work 20657 145,500.00EBRADFORD 70-00-3850-3850-000 INTEREST EARNED 04/12/2021 300,868.23 -300,868.23To close out prior yr activity 20640 0.00EBRADFORD 70-71-3870-3870-000 TRANSFER FROM WATER FUND EBRADFORD 10:33:13PM04/06/2021 fl142r03 Page 2 of 3 Special Appropriations Billing & Collections Billing & Collections WTP WTP Rail Station Proj. Fund Rail Station Proj. Fund Rail Station Proj. Fund Rail Station Proj. Fund Rail Station Proj. Fund Rail Station Proj. Fund Rail Station Proj. Fund Gen. Cap. Improv. Fund Gen. Cap. Improv. Fund Gen. Cap. Improv. Fund Gen. Cap. Improv. Fund Gen. Cap. Improv. Fund Gen. Cap. Improv. Fund Gen. Cap. Improv. Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 22 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 04/12/2021 TO 04/12/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 04/12/2021 5,536,477.00 -4,742,061.01To close out prior yr activity 20642 794,415.99EBRADFORD 70-71-3870-3870-015 TRANSFER FROM SEWER FUND 04/12/2021 6,724,852.29 -4,775,006.33To close out prior yr activity 20641 1,949,845.96EBRADFORD 70-71-3870-3870-150 TRANSFER FROM GENERAL CAP. RESERVE 04/12/2021 403,031.00 -403,031.00To close out prior yr activity 20632 0.00EBRADFORD 70-71-6900-5970-001 TRANSFER TO UTILITY CAP IMPROV FUND 04/12/2021 626,553.00 -626,553.00To close out prior yr activity 20633 0.00EBRADFORD 70-71-6900-5970-920 TRANSFER TO WATER & SEWER FUND 04/12/2021 7,863,219.00 -7,863,219.00To close out prior yr activity 20638 0.00EBRADFORD 70-71-6900-5970-921 TRANSFER TO SEWER CPF 04/12/2021 253,000.00 -253,000.00To close out prior yr activity 20634 0.00EBRADFORD 70-71-6900-5970-929 TRANSFER TO WATER CPF 04/12/2021 420,000.00 -420,000.00To close out prior yr activity 20635 0.00EBRADFORD 70-71-6900-5970-930 TRANSFER TO WATER SDF RESERVE FUND 04/12/2021 1,106,016.50 -1,106,016.50To close out prior yr activity 20636 0.00EBRADFORD 70-71-6900-5970-931 TRANSFER TO SEWER SDF RESERVE FUND 04/12/2021 1,014,607.50 -1,014,607.50To close out prior yr activity 20637 0.00EBRADFORD 70-80-3700-3701-000 DEVELOPERS/CONTRIB-WATER 04/12/2021 1,066,190.00 -1,062,429.43To close out prior yr activity 20639 3,760.57EBRADFORD 75-71-3870-3870-156 TRAN FR W/S US BUS 70 WTR PHASE I 04/12/2021 299,741.50 7,728.00To record Water SDFs 20594 588,253.50EBRADFORD 04/12/2021 299,741.50 3,864.00To record water SDFs 20610 592,117.50EBRADFORD 04/12/2021 299,741.50 -15,456.00To correct budget amendment 20628 576,661.50EBRADFORD 04/12/2021 299,741.50 7,728.00To record Water SDFs 20653 584,389.50EBRADFORD 75-71-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I 04/12/2021 299,741.50 7,728.00To record Water SDFs 20595 588,253.50EBRADFORD 04/12/2021 299,741.50 3,864.00To record water SDFs 20611 592,117.50EBRADFORD 04/12/2021 299,741.50 -15,456.00To correct budget amendment 20629 576,661.50EBRADFORD 04/12/2021 299,741.50 7,728.00To record Water SDFs 20652 584,389.50EBRADFORD 76-71-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB 04/12/2021 1,008,106.50 6,486.00To record Sewer SDFs 20596 1,235,116.50EBRADFORD 04/12/2021 1,008,106.50 3,243.00To record sewer SDFs 20612 1,238,359.50EBRADFORD 04/12/2021 1,008,106.50 -12,972.00To correct budget amendment 20630 1,225,387.50EBRADFORD 04/12/2021 1,008,106.50 6,486.00To record Sewer SDFs 20654 1,231,873.50EBRADFORD 76-71-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS 04/12/2021 1,008,106.50 6,486.00To record Sewer SDFs 20597 1,235,116.50EBRADFORD 04/12/2021 1,008,106.50 3,243.00To record sewer SDFs 20613 1,238,359.50EBRADFORD 04/12/2021 1,008,106.50 -12,972.00To correct budget amendment 20631 1,225,387.50EBRADFORD 04/12/2021 1,008,106.50 6,486.00To record Sewer SDFs 20655 1,231,873.50EBRADFORD -22,404,416.00 EBRADFORD 10:33:13PM04/06/2021 fl142r03 Page 3 of 3 Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Water SDFs Water SDFs Sewer SDFs Sewer SDFs APPROVED: 4/0 DATE: 4/12/21 VERIFIED: ___________________________________DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 22 ORDINANCE Amending Chapter 13 of the Code of Ordinances Cemeteries The Hillsborough Board of Commissioners ordains: Section 1. Sec. 13-5 Desecration of public and private cemeteries Section 13-5, Item (a) is amended as follows: (a) As provided in G.S. 14-148, any person who willfully commits any of the acts set forth in the following subsections, shall be guilty of a Class 1 misdemeanor and shall be fined not more than $100. Damages of $1,000 or more will result in a Class 1 felony. In passing sentence, the court shall consider the appropriateness of restitution as a condition of probation under G.S. 15A-1343(b)(9) as an alternative to actual imposition of a fine, jail term, or both. Section 13-5, Item (a)(2) is amended as follows: (a)(2) Removing, disturbing, vandalizing, destroying, or tampering with any shrubbery, flowers, plants, or other articles planted or placed within any cemetery to designate where human remains are interred or to preserve and perpetuate the memory and name of any person, without authorization of law or the consent of the surviving spouse or next of kin. Section 2. Delete Sec. 13-6 Removing or defacing monuments and tombstones, and renumber subsequent sections Section 3. Sec. 13-18 Monuments and markers Section 13-18, Item (b) is amended as follows: (b) Grave space markers shall be composed of a marble or granite base and shall be a maximum base size of 66 inches in length by 18 inches wide for a double marker and 28 inches in length by 16 inches wide for a single marker. No marker composed of a brick or concrete base or border shall be permitted. All markers must be flat markers in zones 7 and 9 and must be level with the surrounding ground in all zones. Section 4. Sec. 13-21 Burial procedure Section 13-21, Item (a) is amended as follows: Ordinance #20210412-6.F DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 22 (a) No grave may be opened, and no burial may take place in a town cemetery except by a licensed funeral director or employees under the supervision of the public works supervisor or other designated representative of the town. The town shall be notified at least 24 hours in advance of any funeral for which a grave shall be opened. Town staff will not be available to provide this service on weekends. Section 5. Sec.13-26 Misdemeanor, civil action and enforcement provisions Section 13-26, Item (a) is amended as follows: (a) A violation of any of the following provisions shall constitute a Class 1 felony if damage is $1,000 or more and a Class 1 misdemeanor otherwise: sections 13-3, 13-4 except items (a) and (b), 13-7, 13-8, 13-14, 13-21 and 13-23. Section 6. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 7. 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 12th day of April, 2021. Ayes: 4 Noes: 0 Absent or Excused: 1 Sarah E. Kimrey, Interim Town Clerk Ordinance #20210412-6.F DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 13 of 22 From:Town of Hillsborough To:Sarah Kimrey; Haley Bizzell Subject:Contact form message: Comments for tonights board meeting Date:Monday, April 12, 2021 3:23:51 PM Will Spoon sent the message below via the Town of Hillsborough website “Contact Town Clerk's Office” form. To respond, reply to this email or contact Hello, I am not able to speak due to other work obligations but please consider my recommendations which I have also asked Sarah to read tonight at the meeting. Town staff has made a recommendation for the use of shields for streetlights only when an inhabited structure is within the 0.2 footcandle light contour or roughly a 25- foot radius from the light pole. This is counter to UDO 6.11.5 MAXIMUM LIGHT LEVELS which is measured at the property line vs. distance to the impacted inhabited structure. We request that maximum light levels from street lights be treated consistently with how they are handled in the UDO and measured to the property line vs. this new and arbitrary standard that the inhabited structure with the concern must be within a 25-foot radius from the light pole. New information has been received by the town that shows the 0.2 footcandle outline extends more than 50’ in front of the light and 25’ behind vs. the 25' in front of the light listed in the documents circulated before this meeting. Town staff have also said they have not taken into account topography between lights and property which is known to be a significant factor in the distance light trespass can occur from a streetlight. For these reasons, we request that no distance be set from a light pole for a resident to have a shield placed on a light to protect their property from light trespass or that it be increased to 100' from the property line so that a shield request is not denied due to an arbitrarily chosen distance. The distances from the "inhabited structures" of the roughly two dozen residents who recently raised the issue of light trespass to the street light that is causing the light trespass on their properties has not been measured to know if this proposed policy would allow them to get the light shields installed. Rather than forcing a bureaucratic limitation to who can receive a shield with so many unknowns remaining, we request town staff process requests for shields and let the distances from which residents are experiencing light trespass inform setting future distances if needed. The answer of coming before the town board to request things like this is an inequitable solution as working people do not have time to spend hours at town meetings requesting simple things like shields to keep town streetlights from shining in their windows. Please learn from town residents what they value when it comes to lighting and provide an equitable pathway to achieving lighting solutions to everyone with concerns.DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 14 of 22 Thank you, Will D. Spoon DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 15 of 22 From:Lisa Bakale-Wise To:Sarah Kimrey Subject:To read at Town Commissioners meeting tonight Date:Monday, April 12, 2021 4:09:41 PM Hello Sarah, I would like to have the following read at the meeting tonight. Can you please let me know if you will be able to read it for me tonight? Thanks! Hello, We are pleased to see the town acting quickly to address the recent complaints about the new lights. Working to bring oversight to how utility companies light our town is a step in the right direction. There is scant documented evidence that streetlights do anything to deter crime and no instances of public safety were cited as the reason for the considerable increase in lighting Duke is undertaking. Disrupting effects of nighttime lighting have been shown to affect our bodies’ circadian rhythms and may contribute to obesity, diabetes, depression and mood disorders, and reproductive problems. Artificial light causes our bodies to suppress the release of melatonin, elevating our risk of contracting cancer, and especially breast cancer. Songbirds and countless other creatures mating and eating habits are thrown off by overlighting as well. We have waited patiently for close to two months while the new light near our house shines through our curtains making it bright enough to read by inside of our house at night. We are requesting a shield be approved tonight to prevent this light trespass in our house and on our property as the sleep deprivation resulting from the lighting is having negative health effects on our family. Thank you, Lisa Bakale-Wise DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 22 From:Jamey Tippens To:Sarah Kimrey Subject:Agenda Item for tonight"s meeting Date:Monday, April 12, 2021 3:35:58 PM Hello Sarah, I'm just writing to express my household's discouragement at the glare from the new streetlights that are being installed. I understand that this topic is on the agenda for tonight's commission meeting. Please add our endorsement to the sentiments expressed by our neighbor Will Spoon. Thanks Jamey Tippens and Nettie Lassiter DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 17 of 22 From:Town of Hillsborough To:Jenn Weaver; Robb English; Evelyn Lloyd; Kathleen Ferguson; Mark Bell; Matt Hughes; Sarah Kimrey; Eric Peterson; Margaret Hauth Subject:Contact form message: Streetlights and shielding Date:Sunday, April 11, 2021 9:46:01 PM Christopher Gibson sent the message below via the Town of Hillsborough website “Contact Mayor and Commissioners” form. To respond, reply to this email or contact This is a public comment for the April 12, 2021 board meeting, for agenda item 7.B. My name is Christopher Gibson, First, I would like to thank the town for working with Duke Energy to switch to the 3000K fixtures. This is a great first step in reducing light pollution in our town. I have learned a lot about this topic and encourage the board to learn more here: https://www.darksky.org/light-pollution/ As the town considers adopting a uniform streetlight and shielding policy, I would ask the board consider the following: (1) Residents should be allowed to request a shield if the light trespasses onto their property, regardless of whether or not the building is within 25 feet of a light pole. There are instances where the light shines directly into a bedroom, but the pole may be more than 25 feet away. The shielding only blocks light on the property, not the street, so it wouldn't impact public safety. (2) If the town won't pay to shield a light that's more than 25 feet away from a property, I would ask the town to allow a homeowner to cover the cost of shielding such a light if the light trespasses onto a property and they request it. (3) Finally, please consider developing a process for residents to request the removal of a street light. Several nearby cities and towns, including Durham, have such a policy. It generally involves a petition with signatures from a majority of the property owners on the block, and a process where both the police and transportation departments evaluate the request. We have some blocks in town with several lights very close together, and others with very few lights, so it would be great if there were a clear and formal process for requesting the removal of a light.DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 18 of 22 From:Town of Hillsborough To:Jenn Weaver; Robb English; Evelyn Lloyd; Kathleen Ferguson; Mark Bell; Matt Hughes; Sarah Kimrey; Eric Peterson; Margaret Hauth Subject:Contact form message: commissioners meeting 4/12/21 Date:Sunday, April 11, 2021 8:32:01 PM Sarah Cross sent the message below via the Town of Hillsborough website “Contact Mayor and Commissioners” form. To respond, reply to this email or contact comments on two items for the meeting 7B - i support the lower kelvin lights replacing the 4000 kelvin ones. i'm also very interested in a shied to minimize light encroachment from the street into the front windows of my house. 7E - i support requiring businesses to reduce amplified sound after midnight. i'd like hillsborough to remain a somewhat sleepy town. if people want loud music till all hours, they can visit places in more urban areas where that is allowed. i think a good compromise is a midnight cutoff - which still allows customers to drink and talk and for downtown residents to sleep. an added note here - the penalty for failure to comply with these ordinances doesn't seem a particularly effective one. I'm not suggesting a higher penalty, just drawing attention to the fact that they do not seem much a of a deterrent. Further, I'd like the Board to start reducing the activity/purview of the police and redistributing most of their responsibilities to other offices. How could complaints be handles without involving the police? Many thanks! sarah cross DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 19 of 22 ORDINANCE Amending Section 5.4 and 5.14 of the Code of Ordinances Regulating Noise The Hillsborough Board of Commissioners ordains: Section 1. Town Code Section Sec. 5-4. Special provisions for amplified sound, is amended to read as follows (strike throughs deleted, underscores added). (a)Terminology. (1)Amplified sound. Any sound or noise, including the human voice, which is increased in volume or intensity by means of electrical power. Examples of amplified sound include bands and entertainment, radios and stereo equipment, loudspeakers, etc. (2)A-weighted sound level. Sound level in decibels determined by the "A" weighting scale. A-Weighting is a frequency response adjustment of a sound level meter that conditions the output signal to approximate human response. (3)Decibel (dB). Unit for measuring the relative loudness of sounds equal approximately to the smallest degree of difference of loudness ordinarily detectable by the human ear whose range include approximately 130 decibels on a scale beginning with one as the faintest audible sound. (4)Measurement period. A five-minute period in which sound measurements are taken ten seconds. (5)Sound level. The weighted sound pressure level (measured in decibels) obtained by the use of a sound level meter and frequency weighted network. (6)Sound level meter. An instrument for measuring sound levels that includes an omnidirectional microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound. Sound level meters must be certified to meet or exceed the current standards of the American National Standards Institute (ANSI). (b)Limits. It shall be unlawful for any person to cause or allow the emission of sound from any source or sources which, when measured in accordance with section (d) below exceeds 65db(A) for more than 20 percent of any measurement period during the following times: (1)Sunday—Thursday 7:00 a.m. to 11:00 p.m. (2)Friday—Saturday 7:00 a.m. to midnight (c)Amplified Sound Cutoff. Outside of the times listed in section (b), it shall be unlawful for any person to cause or allow the emission of amplified sound from any source or sources which results in a complaint and can be heard at any occupied residential property or from the property of a complaining business outside of the sound source. Ordinance #20210412-7.E DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 20 of 22 (d)Measurement guidelines. A sound measurement shall be taken and sound levels determined using the following procedures: (1)The sound meter must be serviced, calibrated and operated as recommended by the manufacturer and in accordance with procedure maintained by the police department. Persons using the sound level meter shall be trained in sound level measurement and the operation of the sound meter being used. (2)Sound readings will be taken using the "A-weighting" scale in slow response. (3)The sound readings shall be taken from the nearest property line of the occupied residential property situated closest to the source of the sound being measured, or, if the complaining party is a business, from the business location. (4)When possible, the sound level meter should be positioned at least ten feet from any walls or structures, and approximately four feet above the ground. (5)No person, other than the operator and a recorder shall be within ten feet for the sound level meter while a reading is being taken. (6)Sound level measurements will be taken for an entire measurement period recording one reading at ten-second intervals for a period of five minutes. (7)Any readings that are impacted by obvious external sounds not emanating from the source location being measured, such as loud vehicular traffic, will be disregarded. (e)It shall be unlawful for any person to interfere, through the use of sound or otherwise, with the taking of sound measurements. (f)Special events permitting exception for amplified sound events. Locations may seek a special events permit that will allow for extended hours for the dB(A) limits described in item (b) above. Special events permits will be subject to the following provisions: (1)A location may only be granted four nights of exemption per calendar year. (2)The special events permit exemption may allow amplified sound at the 65 dB(A) level until 1:00 a.m. (3)Locations that are issued a special events exemption will be required to notify residents residing within a 500-foot radius from their location, in writing no more than ten days and no fewer than five days in advance of the special event, that a permit has been issued. (4)Locations that violate the provisions of a special events permit, or have violated the general provisions of this section will not be issued a special events permit for a six- month period. Ordinance #20210412-7.E DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 21 of 22 (g) Civil Penalty. Any violation of this section shall be a civil penalty as follows: (1) First violation during 12-month period - Warning (2) Second violation during 12-month period - $50 (3) Third violation during 12-month period - $100 (4) Fourth and subsequent violations during 12-month period $250 (5) Any violation that continues after a person has been notified that such violation exists and that he is subject to the penalties specified in this section shall constitute a separate offense.(6) If the source of the amplified sound is a business, then the person in control or the owner of the business may be issued the civil penalty. (7) This section may also be enforced by any appropriate equitable action, including injunctions or orders of abatement. (8) The town may enforce this chapter by any one or any combination of the foregoing remedies. (h) Appeal. Any person who is assessed a civil penalty may appeal directly to the Chief of Police in writing within 10 days. They may appeal the decision of the Chief of Police directly to the town Board. (Ord. No. 20150427-9 , § 1, 4-27-2015) Section 2. All provisions of any town ordinance in conflict with this ordinance are 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 12th day of April, 2021. Ayes: 4 Noes: 0 Absent or Excused: 1 Sarah E. Kimrey, Interim Town Clerk Ordinance #20210412-7.E DRAFTApril 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 22 of 22 Minutes Board of Commissioners Remote work session 7 p.m. April 26, 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, Budget Director Emily Bradford, Economic Development Planner Shannan Campbell, Interim Finance Director Keri Carnes, Assistant to the Manager/Deputy Budget Director Jen Della Valle, 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, Utilities Director Marie Strandwitz, Public Space Manager Stephanie Trueblood and Public Information Officer Catherine Wright 1.Opening of the work session 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. 2.Agenda changes and approval Commissioner Matt Hughes requested the addition of Item 4B to the agenda regarding procurement of flags for LGBTQ+ Pride Month in June. 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, Hughes and Evelyn Lloyd. Nays: None. 3.Items for decision ― consent agenda A.Miscellaneous budget amendments and transfers B.Tourism Development Authority budget amendments and transfers C.Compliance documents required by the N.C. Department of Commerce as part of Hillsborough’s Community Development Block Grant – Coronavirus (CDBG-CV) award 1.Equal Employment and Procurement Plan 2.Fair Housing Plan 3.Language Access Plan 4.Section 3 of North Carolina Local Jobs Initiative Plan Motion: Ferguson moved to approve the consent agenda. Lloyd seconded. Kimrey called the roll for voting. April 26, 2021 Board of Commissioners Work Session Approved: ____________________ Page 1 of 8 DRAFT Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 4. In-depth discussion and topics A. Budget “Mini” Retreat Assistant to the Town Manager and Deputy Budget Director Jen Della Valle opened the budget retreat and noted Budget Director Emily Bradford was available for questions as well. 1. Strategic plan values The mayor led discussion on revisions to the draft values for a strategic plan being developed. She noted that she and English initially brought the definitions before the board in February. At that time, Bell had suggested a change to the vibrancy definition to be more inclusive of all abilities. The revision adds the sentence, “The community can find ways to participate and connect from both inside and outside their homes.” It also deletes a phrase about activity being visible and frequent since the ways to be involved in a community might not always be visible. A second change adds a form of the word “sustainability” to the definition of “forward thinking,” which English had suggested. The change notes decisions are made that can persist over generations for a sustainable Hillsborough. Additionally, the phrase “climate change” was added to the definition, noting the need to be resilient to climate change and unforeseen events. Commissioners expressed approval of the changes. Hughes suggested a change to the equity and inclusion definition: replacing the word “genders” with “gender identification” in the listing of people affected. He noted that gender is usually viewed as being binary and that gender identification includes people who might identify with no gender. The mayor noted language evolves over time and thanked Hughes for bringing up a prime example of that. She said she would make the change. 2. Strategic plan discussion schedule Della Valle reviewed a proposed annual schedule for the board and staff to discuss the strategic plan once it is adopted. Check-ins would be twice a year for the multi-year plan. In fall, the board would receive an update of the previous year’s accomplishments and results of any performance measures. The mayor and commissioners also would have an opportunity to provide feedback and check in on any mid-year budget requests if needed. In the spring, the board would discuss proposed additions to the plan for the upcoming fiscal year and any adjustments resulting from the fall discussion. The mayor and commissioners expressed approval for the schedule of reviews. Hughes asked for clarification on when performance measures would be identified. Della Valle said the measures would be identified and approved as part of the budget package in the spring. In the fall, the board would receive an update on the performance measures and could add some if needed. She said even though the strategic plan will be a three- year document outlining the town’s priorities, board and staff can revisit the plan and make needed changes. 3. Utility-related development fees Utilities Director Marie Strandwitz opened the discussion on options for cost recovery of development-related work associated with water and sewer service. She said she created a hypothetical project and looked up the fees that other utility systems in the area would charge for development-related services. The analysis showed Hillsborough fees are much lower, with no charge for many services. Strandwitz pointed out a color- coded table in the agenda packet that shows development-related services the town provides which do not directly benefit the entire customer base. The table includes the current fee charged if any and the resources required to complete the task. The utilities director said staff highly recommend developing cost recovery for the peach-colored tasks. April 26, 2021 Board of Commissioners Work Session Approved: ____________________ Page 2 of 8 DRAFT The mayor and commissioners were in agreement that staff should recover costs for development-related tasks as recommended by staff. Hughes said consultation time with the town attorney should be taken into account as the town must pay the attorney on an hourly basis. He also noted that annexation reviews ― color coded gray for “could develop some type of cost recovery” ― might need a legal review. The utilities director said she would work on developing a cost recovery plan that is justifiable and fair. 4. Reorganization proposal Town Manager Eric Peterson noted the proposal to restructure the organization is still a work in progress, with feedback still being sought and a more refined version to be provided next month. He said staff initially were asked for their thoughts on reorganization in the fall when vacancies started occurring and about a month ago. He and Assistant Manager and Planning Director Margaret Hauth also have spent a lot of time thinking through a reorganization. He said one of the key parameters was to create a cost-neutral plan. He noted a number of reasons have prompted the proposal, with the biggest being Hauth’s planned retirement in about two years. When she retires, she will leave with more knowledge about the town than probably any other employee, Peterson said. Hauth said with the departure of a number of department heads, it’s important to start talking about reorganization. She noted she did not have a mentor when she became planning director and does not want to leave the person who succeeds her in that position. She noted the plan provides the town manager with some relief by reducing the number of employees who report directly to him, provides an opportunity for staff to learn the planning aspects of her job before she retires, and brings together under one person several divisions that provide critical, quality-of-life services. Hauth said this will improve communication among the divisions, provide more opportunities to work together, and allow staff to contribute in new ways, which will help retain star employees. Hauth noted the plan hinges on unfreezing an entry-level planning technician position, which has been frozen for about 1½ years. She said that the Planning Department currently is issuing about 10 to 15 permits a day and that Collins Ridge is the only neighborhood with much housing stock left. The Planning Department is now receiving inquiries from people wanting services at small, odd lots that the town previously thought no one would develop. She said fully responding to those inquiries takes a lot of time and resources. She noted development at nonresidential sites also requires a lot more supervision. Hauth added that affordable housing and transportation planning would remain within a planning division; code enforcement would continue to be handled on a complaint-driven basis; and an added facilities coordinator position would free supervisors from managing the maintenance of facilities and provide needed support to the public space division, which would have sustainability planning added to its responsibilities. The board expressed support for the plan, and Hauth answered questions from the board, including how the reorganization helps with succession planning. She said she thinks the reorganization will spread the hiring of two people for her current combined role over time and the two positions would be easier to fill than one combined position. There was discussion about whether the town has the number of employees it needs and discussion about using adjunct staff or contractors for periods of time. Hauth said the town likely needs more positions but can’t afford them. She added the town is in a high growth period now but is approaching buildout. April 26, 2021 Board of Commissioners Work Session Approved: ____________________ Page 3 of 8 DRAFT Hughes supported the plan and the opportunity it gives for providing fresh viewpoints on departments and policies, decreasing the manager’s workload, and providing the chance for more critical feedback and one-on- one time for employees with a supervisor. There was discussion about the proposed reclassification of the economic development planner position, which is funded partially from tourism and Tourism Development Authority funds for tourism-related work. Hauth said the marketing work might be a position to contract with tourism and Tourism Development Authority funds. There was discussion about compensation for employees who would undertake additional responsibilities. Peterson said positions coded in green in the charts in the agenda packet would be authorized if the budget is approved with the reorganization plan. The employees’ positions then would be reclassified, with the interim human resources director determining where in the salary grade the position falls. He said he does not have exact costs but staff believe the plan will be relatively expense neutral. Three vacant positions are proposed for elimination (human resources director/town clerk, fire marshal, public works director). There was discussion about the plan for restructuring the Administration Department. Under the plan, the department would absorb the Fleet Maintenance Division to become an administrative services department. The assistant to the town manager/deputy budget director, who works remotely, would serve as director. Peterson said Della Valle started work with the town seven years ago for budget, human resources and public information and, as director, would not be the first contact for any needs that arise. He said that once offices reopen following the COVID-19 pandemic, Della Valle would be in town monthly if not more often. Della Valle nodded in affirmation. Peterson also said that many people feel more connected meeting virtually and that having as director someone in house with relationships already with others in the department is advantageous. Hiring from outside would be more expensive and have more risks, he said. The manager said Fleet Maintenance was placed under Administrative Services because it affects all operations, with the Public Works Department being just one of many stakeholders. The division also has a lot of interaction with budget staff and the safety and risk manager. There was discussion about the placement of the mandated town clerk position under Human Resources, which would be a division of Administrative Services. Peterson said staff under the proposed administrative services umbrella will be having discussions about the proposal. He noted as a small organization, most positions have dual roles even if not officially in the job titles. He said the interim town clerk also does work integral to human resources due to a background in financial services. He noted there is also a lot of interaction between the town clerk and the Public Information Office, with the Public Information Office preparing most of the meeting minutes. Peterson said the addition of a management analyst is expected to help with peak periods of work, but the budget and human resources divisions may have the same peaks. He also noted that the Government Alliance on Race and Equity recommends that organizations have a full-time equity officer, although that may be intended for larger organizations. He said potentially equity and inclusion could be folded into an added management analyst role. The mayor said there have been discussions about the facilities coordinator and planning technician positions for several years and hopes a way to fund those positions can be found. She asked that thought be given to how sustainability ties in with transportation and to make sure the person succeeding the planning director understands the transportation process, even though the town’s role in the funding pool for transportation projects is small. April 26, 2021 Board of Commissioners Work Session Approved: ____________________ Page 4 of 8 DRAFT Hauth said she thinks the town’s representative on the metropolitan planning organization could be an assistant manager in the long run as it might be more effective to have someone who understands organization levels and funding in the transportation planning meetings. B. Procurement of flags for Pride Month in June Hughes introduced a proposal to purchase and display flags for Pride Month in June. He reviewed that in 2019 the board declared June as Pride Month for the first time in Hillsborough. At the time, he and the mayor thought it would be a good idea to also put up pride flags in future years, but the idea was forgotten likely due to the pandemic. Hughes said the flags would be a visible sign of inclusivity in Hillsborough. He noted that Pride Month falls between two patriotic holidays, Memorial Day and Independence Day, and that he wants to be cognizant of cost and staff time in installing and removing flags. He suggested interspersing pride flags, such as making every third flag be a pride flag. He said he thinks about 30 flags would be needed, costing about $1,600 with poles and taxes. Hauth reminded the board that Juneteenth also was adopted as a town holiday last year and that Flag Day also falls in June. She suggested displaying the American flag and flags for Juneteenth and Pride Month at the same time and for a longer period to avoid disruptions to traffic with the bucket truck and to reduce staff time in installing and removing flags. There was discussion about wear and tear on the flags if displayed for a long period. Hauth noted the flags can get tangled due to heavy trucks driving by. She suggested an alternative to displaying all the flags at one time would be to immediately replace one flag with another vs. allowing some time to pass without any flags displayed. She said she could talk with the interim public works director to determine an efficient way to handle the display of the three flags. There was agreement among the commissioners in following what staff viewed as pragmatic. Motion: Ferguson moved to approve the expense. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 5. Other business There was none. 6. Committee updates and reports Board members gave updates on the committees and boards on which they serve. Ferguson noted she was named first vice chair for the next two years of North Carolina Women in Municipal Government, an affiliate group of the North Carolina League of Municipalities. English said ideas for joint sustainability projects will be presented next month to the Orange County Climate Council. He said the council is still working to fill at-large vacancies and is discussing changing the meeting time to later in the day or evening to encourage student involvement. He noted there is movement with the Hillsborough Parks and Recreation Board on a small multi-use trail for novice mountain biking at Cates Creek Park. Hughes said the Tourism Development Authority will be working this summer on its structure, processes and goals. April 26, 2021 Board of Commissioners Work Session Approved: ____________________ Page 5 of 8 DRAFT Weaver said a current focus for Orange County in the metropolitan planning organization responsible for transportation planning in the area is the U.S. 15-501 corridor between Chapel Hill and Durham, where light rail was going to be. Bell said a consultant is working on a comprehensive plan that is still in development. A draft may be ready in May. Hauth reminded the board that a jointly funded study of the U.S. 70 corridor will kick off about this time next year, starting in Mebane. It will build a bit on a pedestrian study conducted in the corridor a few years ago. 7. Adjournment Motion: Lloyd moved to adjourn at 8:47 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 April 26, 2021 Board of Commissioners Work Session Approved: ____________________ Page 6 of 8 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 04/26/2021 TO 04/26/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-3100-3101-214 2014 TAX LEVY 04/26/2021 0.00 114.00Adj to actual 20671 114.00EBRADFORD 10-00-3100-3101-215 2015 TAX LEVY 04/26/2021 0.00 1,111.00Adj to actual 20672 1,111.00EBRADFORD 10-00-3100-3101-216 2016 TAX LEVY 04/26/2021 0.00 111.00Adj to actual 20673 7,916.00EBRADFORD 10-00-3100-3101-218 2018 TAX LEVY 04/26/2021 0.00 841.00Adj to actual 20674 8,809.00EBRADFORD 10-00-3100-3101-219 2019 TAX LEVY 04/26/2021 35,000.00 1,053.00Adj to actual 20675 32,675.00EBRADFORD 10-00-3100-3101-220 2020 TAX LEVY 04/26/2021 6,196,000.00 6,770.00Adj to actual 20676 6,225,770.00EBRADFORD 10-10-4200-5300-474 RECRUITMENT 04/26/2021 2,500.00 400.00To cover recruitment advertising 20679 3,215.00EBRADFORD 10-10-4200-5300-530 DUES & SUBSCRIPTIONS 04/26/2021 6,713.00 720.00To cover CAI/Catapult membership overa 20678 7,633.00JDELLAVALL 10-10-4200-5300-577 WELLNESS PROGRAM ACTIVITIES 04/26/2021 8,000.00 -720.00To cover CAI/Catapult membership overa 20677 5,465.00JDELLAVALL 10-10-4200-5300-603 CONTINUING EDUCATION & TUITION REIM 04/26/2021 15,000.00 -400.00To cover recruitment advertising 20680 14,600.00EBRADFORD 10-20-5100-5300-110 TELEPHONE/INTERNET 04/26/2021 1,680.00 840.00Move portion of cell phone expense to Po 20669 2,906.00JDELLAVALL 10-20-5110-5300-110 TELEPHONE/INTERNET 04/26/2021 5,040.00 -840.00Move portion of cell phone expense to Po 20668 4,200.00JDELLAVALL 10-30-5600-5300-154 MAINTENANCE - GROUNDS 04/26/2021 0.00 10,000.00To cover contracted mowing 20670 10,000.00EBRADFORD 75-71-3870-3870-156 TRAN FR W/S US BUS 70 WTR PHASE I 04/26/2021 299,741.50 12,880.00To record Water SDFs 20681 597,269.50EBRADFORD 04/26/2021 299,741.50 7,728.00To record Water SDFs 20685 604,997.50EBRADFORD 75-71-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I 04/26/2021 299,741.50 12,880.00To record Water SDFs 20682 597,269.50EBRADFORD 04/26/2021 299,741.50 7,728.00To record Water SDFs 20686 604,997.50EBRADFORD 76-71-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB 04/26/2021 1,008,106.50 10,810.00To record Sewer SDFs 20683 1,242,683.50EBRADFORD 04/26/2021 1,008,106.50 6,486.00To record Sewer SDFs 20687 1,249,169.50EBRADFORD 76-71-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS 04/26/2021 1,008,106.50 10,810.00To record Sewer SDFs 20684 1,242,683.50EBRADFORD 04/26/2021 1,008,106.50 6,486.00To record Sewer SDFs 20688 1,249,169.50EBRADFORD 95,808.00 EBRADFORD 3:33:47PM04/19/2021 fl142r03 Page 1 of 1 GF - Revenue GF - Revenue GF - Revenue GF - Revenue GF - Revenue GF - Revenue Admin. Admin. Admin. Admin. Police - Admin. Police - Patrol Streets Water SDFs Water SDFs Sewer SDFs Sewer SDFs APPROVED: 5/0 DATE: 4/26/21 VERIFIED: ___________________________________ April 26, 2021 Board of Commissioners Work Session Approved: ____________________ Page 7 of 8 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 04/27/2021 TO 04/27/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 73-00-3200-3100-000 OCCUPANCY TAX 04/27/2021 27,000.00 27,000.00Est. yr-end actual 20662 82,000.00EBRADFORD 04/27/2021 27,000.00 -40,000.00Yr-end conservative adjustment 20666 42,000.00EBRADFORD 73-00-3900-3900-000 FUND BALANCE APPROPRIATED 04/27/2021 67,572.00 -23,345.00Est. yr-end actual 20664 64,227.00EBRADFORD 04/27/2021 67,572.00 -26,190.00Est. yr-end actual 20665 38,037.00EBRADFORD 04/27/2021 67,572.00 40,000.00Yr-end conservative adjustment 20667 78,037.00EBRADFORD 73-51-6250-5300-998 3% HOLDBACK OCCUPANCY TAX 04/27/2021 810.00 810.00To cover est. yr-end actual 20663 3,185.00EBRADFORD -21,725.00 EBRADFORD 8:35:53PM04/19/2021 fl142r03 Page 1 of 1 TDA TDA TDA APPROVED: 5/0 DATE: 4/26/21 VERIFIED: ___________________________________ April 26, 2021 Board of Commissioners Work Session Approved: ____________________ Page 8 of 8 DRAFT Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Administration - Budget 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: 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: 05/10/2021 TO 05/10/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-4200-5300-080 TRAINING/CONF./CONV. 05/10/2021 28,645.00 -778.00To cover yr-end overage & logo conversio 20699 27,238.00EBRADFORD 05/10/2021 28,645.00 -150.00To cover ADA transition plan training 20700 27,088.00JDELLAVALL 10-10-4200-5300-458 DATA PROCESSING SERVICES 05/10/2021 7,511.00 18.00To cover logo conversion for use in MS &20698 7,601.00EBRADFORD 10-10-4200-5300-474 RECRUITMENT 05/10/2021 2,500.00 90.00To cover recruitment ad 20711 3,305.00EBRADFORD 10-10-4200-5300-530 DUES & SUBSCRIPTIONS 05/10/2021 6,713.00 -90.00To cover recruitment ad 20712 7,543.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 05/10/2021 9,053.00 760.00To cover yr-end overage 20697 7,448.00EBRADFORD 10-10-4400-5100-020 SALARIES 05/10/2021 329,568.00 -25,000.00To cover interim Finance Director contrac 20703 304,339.00EBRADFORD 10-10-4400-5300-459 C.S./ACCOUNTING ASSISTANCE 05/10/2021 1,000.00 25,000.00To cover interim Finance Director contrac 20702 26,000.00EBRADFORD 10-10-6300-5300-080 TRAINING/CONF./CONV. 05/10/2021 0.00 150.00To cover ADA transition plan training 20701 1,550.00JDELLAVALL 10-10-6300-5300-155 MAINTENANCE - PARKS 05/10/2021 54,600.00 -4,000.00To cover shrub removal at Old Town Cem 20704 25,646.00EBRADFORD 10-10-6300-5300-156 MAINTENANCE - TREES 05/10/2021 16,200.00 4,000.00To cover shrub removal at Old Town Cem 20705 28,200.00EBRADFORD 10-20-5100-5100-020 SALARIES 05/10/2021 362,138.00 25,000.00To cover yr-end balancing 20713 387,138.00EBRADFORD 10-20-5100-5125-060 HOSPITALIZATION 05/10/2021 67,330.00 -9,000.00To cover yr-end balancing 20714 58,330.00EBRADFORD 10-20-5100-5125-061 LIFE INSURANCE 05/10/2021 2,223.00 200.00To cover yr-end balancing 20715 2,423.00EBRADFORD 10-20-5100-5127-071 401(K) RETIREMENT SUPP. 05/10/2021 18,132.00 2,500.00To cover yr-end balancing 20716 20,632.00EBRADFORD 10-20-5100-5127-075 SEPARATION ALLOWANCE 05/10/2021 22,786.00 6,500.00To cover yr-end balancing 20717 29,286.00EBRADFORD 10-20-5100-5300-145 MAINTENANCE - BUILDINGS 05/10/2021 22,383.00 10,000.00To cover PD Annex repairs 20737 76,288.00EBRADFORD 10-20-5110-5100-020 SALARIES 05/10/2021 1,081,188.00 25,000.00To cover yr-end balancing 20718 1,105,502.00EBRADFORD 10-20-5110-5125-060 HOSPITALIZATION 05/10/2021 193,451.00 -25,000.00To cover yr-end balancing 20719 168,451.00EBRADFORD 10-20-5110-5127-070 RETIREMENT 05/10/2021 119,054.00 2,000.00To cover yr-end balancing 20720 121,054.00EBRADFORD 10-20-5110-5127-071 401(K) RETIREMENT SUPP. 05/10/2021 54,914.00 5,000.00To cover yr-end balancing 20721 59,914.00EBRADFORD 10-20-5110-5300-330 SUPPLIES - DEPARTMENTAL 05/10/2021 15,500.00 400.00To cover vehicle lockout kits & taser supp 20725 29,729.16EBRADFORD EBRADFORD 7:20:50PM05/04/2021 fl142r03 Page 1 of 3 Administration Administration Administration Administration Administration Accounting Accounting Public Space Public Space Public Space Police- Admin. Police- Admin. Police- Admin. Police- Admin. Police- Admin. Police- Admin. Police- Patrol Police- Patrol Police- Patrol Police- Patrol Police- Patrol BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 05/10/2021 TO 05/10/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-20-5120-5100-010 OVERTIME COMPENSATION 05/10/2021 8,000.00 2,000.00To cover yr-end balancing 20722 6,200.00EBRADFORD 10-20-5120-5100-020 SALARIES 05/10/2021 466,090.00 -34,200.00To cover yr-end balancing 20723 421,890.00EBRADFORD 05/10/2021 466,090.00 -10,000.00To cover PD Annex repairs 20736 411,890.00EBRADFORD 10-20-5120-5300-158 MAINTENANCE - EQUIPMENT 05/10/2021 500.00 -400.00To cover vehicle lockout kits & taser supp 20724 100.00EBRADFORD 10-30-5550-5300-145 MAINTENANCE - BUILDINGS 05/10/2021 4,935.00 443.00To cover building maintenance supplies 20690 7,157.00EBRADFORD 10-30-5550-5300-570 MISCELLANEOUS 05/10/2021 1,000.00 -443.00To cover building maintenance supplies 20689 557.00EBRADFORD 10-60-6900-5300-475 C.S./UTILITY ANALYSIS 05/10/2021 0.00 600.00To cover yr-end overage 20708 7,622.00EBRADFORD 10-60-6900-5300-570 MISCELLANEOUS 05/10/2021 85,000.00 -600.00To cover yr-end overage 20709 170,849.00EBRADFORD 30-80-7200-5300-475 C.S./UTILITY ANALYSIS 05/10/2021 20,000.00 2,200.00To cover yr-end overage 20706 24,095.41EBRADFORD 30-80-8120-5300-130 UTILITIES 05/10/2021 82,500.00 -6,200.00To cover door repairs 20696 76,300.00EBRADFORD 05/10/2021 82,500.00 -1,607.00To cover painting handrail 20750 74,693.00JDELLAVALL 30-80-8120-5300-145 MAINTENANCE - BUILDINGS 05/10/2021 8,100.00 6,200.00To cover door repairs 20695 14,300.00EBRADFORD 05/10/2021 8,100.00 24,241.00To cover pipe gallery painting 20747 38,541.00JDELLAVALL 05/10/2021 8,100.00 17,259.00To cover painting handrail 20749 55,800.00JDELLAVALL 05/10/2021 8,100.00 1,607.00To cover painting handrail 20751 57,407.00JDELLAVALL 30-80-8120-5300-158 MAINTENANCE - EQUIPMENT 05/10/2021 79,300.00 9,000.00To replace flow transmitters 20741 154,800.00JDELLAVALL 05/10/2021 79,300.00 10,600.00To cover yard lighting repairs 20745 165,400.00JDELLAVALL 30-80-8120-5300-331 SUPPLIES - SAFETY 05/10/2021 1,000.00 3,900.00To cover cost of security camera additions 20743 4,900.00JDELLAVALL 30-80-8120-5700-741 CAPITAL - EQUIPMENT 05/10/2021 0.00 -9,000.00To replace flow transmitters 20740 56,000.00JDELLAVALL 05/10/2021 0.00 -3,900.00To cover cost of security camera additions 20742 52,100.00JDELLAVALL 05/10/2021 0.00 -10,600.00To cover yard lighting repairs 20744 41,500.00JDELLAVALL 05/10/2021 0.00 -24,241.00To cover pipe gallery painting 20746 17,259.00JDELLAVALL 05/10/2021 0.00 -17,259.00To cover painting handrail 20748 0.00JDELLAVALL 30-80-8140-5300-320 SUPPLIES - OFFICE 05/10/2021 2,000.00 1,000.00To cover office furniture/supplies 20728 3,000.00JDELLAVALL 30-80-8200-5300-151 FOG PROGRAM 05/10/2021 7,000.00 -2,500.00To cover office furniture/supplies 20726 4,500.00JDELLAVALL 30-80-8200-5300-320 SUPPLIES - OFFICE 05/10/2021 2,000.00 1,500.00To cover office furniture/supplies 20727 3,500.00JDELLAVALL 30-80-9990-5300-000 CONTINGENCY 05/10/2021 300,000.00 -2,200.00To cover yr-end overage 20707 225,438.00EBRADFORD EBRADFORD 7:20:50PM05/04/2021 fl142r03 Page 2 of 3 Police- I&CS Police- I&CS Police- I&CS Fleet Maintenance Fleet Maintenance Special Appropriations Special Appropriations Admin of Enterprise WTP WTP WTP WTP WTP Water Distribution WW Collection WW Collection W&S Contingency BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 05/10/2021 TO 05/10/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 35-30-5900-5300-446 C.S./ENGINEERING 05/10/2021 15,000.00 54,000.00Convwallis Hills Stormwater Impact Anal 20734 69,000.00EBRADFORD 35-80-3500-3505-100 STORMWATER CHARGES 2016 05/10/2021 0.00 425.00Adj to actual 20731 425.00EBRADFORD 35-80-3500-3505-101 STORMWATER CHARGES 2017 05/10/2021 0.00 4,630.00Adj to actual 20732 4,630.00EBRADFORD 35-80-3500-3505-102 STORMWATER CHARGES 2018 05/10/2021 0.00 1,117.00Adj to actual 20733 1,117.00EBRADFORD 35-80-3500-3505-104 STORMWATER CHARGES 2020 05/10/2021 610,000.00 47,828.00Adj to actual 20735 657,828.00EBRADFORD 76-71-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB 05/10/2021 1,008,106.50 -3,243.00To reverse Sewer SDFs 0 1,245,926.50EBRADFORD 05/10/2021 1,008,106.50 3,243.00To record Sewer SDFs 20729 1,249,169.50EBRADFORD 76-71-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS 05/10/2021 1,008,106.50 -3,243.00To reverse Sewer SDFs 0 1,245,926.50EBRADFORD 05/10/2021 1,008,106.50 3,243.00To record Sewer SDFs 20730 1,249,169.50EBRADFORD 108,000.00 EBRADFORD 7:20:50PM05/04/2021 fl142r03 Page 3 of 3 Stormwater Stormwater Stormwater Stormwater Stormwater Sewer SDFs Sewer SDFs Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Administration - Budget 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: Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: Miscellaneous Tourism Board 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 greater than or equal to $5,000 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: 05/11/2021 TO 05/11/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 74-00-3900-3900-000 FUND BALANCE APPROPRIATED 05/11/2021 49,646.00 5,150.00To cover FY21 pre-audit work 20752 54,796.00EBRADFORD 74-51-6250-5300-040 AUDIT FEES 05/11/2021 7,500.00 5,150.00To cover FY21 pre-audit work 20753 12,650.00EBRADFORD 10,300.00 EBRADFORD 6:39:19PM05/04/2021 fl142r03 Page 1 of 1 Tourism Board Tourism Board Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.D Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: HOME Annual Action Plan and Program Activities for Fiscal Year 2022 Attachment(s): 1. Summary of application details 2. Draft Resolution Brief Summary: Annual action plans and program designs for the expenditure of HOME funds within the county are approved by all members of the HOME Consortium (now called the Affordable Housing Collaborative) prior to submittal to the U.S. Department of Housing and Urban Development. Action Requested: Adopt the attached resolution authorizing the submittal of the Annual Action Plan and Program Activities as recommended by the Affordable Housing Collaborative. ISSUE OVERVIEW Background Information & Issue Summary: Stated above. Financial Impacts: N/A Staff Recommendations/Comments: N/A Summary of Proposed FY 2021-2022 HOME Projects Habitat for Humanity Pee Wee Homes EmPOWERment Funding Request $450,000 $100,000 $105,000 Funding Award $434,393 $100,000 $105,000 Activity Type Homebuyer Assistance Rental Construction Rental Acquisition Project Name Fairview Homebuyer Assistance 106 Hill Street 706 Gomains Avenue Project Description Second mortgage assistance for an estimated 15 Habitat home buyers Gap financing for Merritt Mill, a 48 unit rental project with some units set aside for people with disabilities Acquisition of a duplex (2 units) to be rented to low-income households Project Location Fairview community (Hillsborough) Northside Neighborhood (Carrboro) Northside Neighborhood (Chapel Hill) Income Targeting 11 units for households earning 31-50% AMI and 4 units for 51-80% AMI 3 units for households earning up to 30% AMI 2 units for households earning up to 30% AMI Population Targeting Specific units are not targeted, but Habitat markets to low-income seniors and voucher holders (23% of most recent homebuyer pool were voucher holders) All 3 units will be rented to people experiencing homelessness Current residents will not be displaced (both elderly households, voucher holders) Leveraging 5.67 : 1 (total non-HOME project funding is $3 million) 1.06 : 1 (total non-HOME project funding is $206,425) 1.29 : 1 (total non-HOME project funding is $240,000) RESOLUTION AUTHORIZING THE SUBMISSION of the FY22 ANNUAL ACTION PLAN and FY22 PROGRAM DESIGN for ORANGE COUNTY, NORTH CAROLINA BE IT RESOLVED, the Hillsborough Board of Commissioners as a member of the Orange County HOME Consortium, that the Commissioners authorize the Town Manager to submit the Orange County Annual Action Plan for FY22 to the U.S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required therein. BE IT RESOLVED, by the Hillsborough Board of Commissioners, as a member of the Orange County HOME Consortium, that the Commissioners approve the following activities for the FY22 HOME Program: Homebuyer Assistance Funds will be allocated to Orange County Habitat for Humanity to provide deferred payment zero interest mortgages to an estimated fifteen (15) homebuyers in the Fairview Community in Hillsborough earning between thirty percent (30%) and eighty percent (80%) of the area median income. (The final number of homebuyers assisted may be more or less than 15 and will depend on homebuyer underwriting.) Requested amount: $450,000 Funded amount: $434,393 Rental Construction Funds will be allocated to Pee Wee Homes to finance construction of three (3) small rental units at 106 Hill Street in Carrboro. Units will be leased to households experiencing homelessness and earning less than thirty percent (30%) of the area median income. Requested amount: $100,000 Funded amount: $100,000 Predevelopment Loan Funds will be allocated to EmPOWERment, Inc. for acquisition of a duplex containing two (2) units at 706 Gomains Avenue in Chapel Hill. Units will be leased to households earning less than thirty percent (30%) of the area median income. Requested amount: $105,000 Funded amount: $105,000 Program Administration $37,874 BE IT FURTHER RESOLVED, that the Town Manager is hereby designated as the authorized representative of the Town to act in connection with the submission of these plans, to act in connection with the HOME Program, and to provide such additional information as may be required by the U.S. Department of Housing and Urban Development. This is the ___ day of ________, 2021 Seal Jenn Weaver, Mayor Town of Hillsborough NOW THEREFORE BE IT ORDAINED by the Town Board of Commissioners that this resolution is effective upon approval. Upon motion of Commissioner ______________, seconded by Commissioner ______________, the foregoing resolution was adopted this the ___ day of ________, 2021. I, Sarah E. Kimrey, Interim Town Clerk for the Town of Hillsborough, North Carolina, DO THEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on ___________, 2021. WITNESS my hand and seal of said County, the ___ day of ________, 2021. Sarah E. Kimrey, Interim Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.E Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Agreement with Orange County for fire inspection services Attachment(s): 1. Draft interlocal agreement Brief Summary: With the retirement of the Fire Marshal/Emergency Management Coordinator in September 2020, the town began contracting with Orange County for some Level 2 and Level 3 inspection services to support the Interim Fire Marshal David L. Cates as he continued his training. At the board’s direction, staff have been pursuing an agreement for Orange County to provide this service for the future. Action Requested: Approve agreement to aid in budget preparation. ISSUE OVERVIEW Background Information & Issue Summary: The attached draft agreement includes updated budget figures, a process to annually assess the costs of services, and a provision for our Interim Fire Marshal to transfer to Orange County as a fulltime employee in the Fire Marshal Division. Financial Impacts: FY22 - $134,452 – includes one-time payment for non-recurring expenses FY23 - $85,000 (approximate) Staff Recommendations/Comments: Minor wording changes may still be needed, but the cost and general terms are ready to be finalized. 1 North Carolina Orange County INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND TOWN OF HILLSBOROUGH FOR THE FIRE PREVENTION SERVICES OF PLAN REVIEW, PERMITTING, INSPECTIONS, AND RELATED SERVICES TO BE PERFORMED BY THE ORANGE COUNTY FIRE MARSHAL DIVISION OF THE DEPARTMENT OF EMERGENCY SERVICES This is an Interlocal Agreement, made and entered into by and between Orange County, (hereinafter referred to as “County”), and the Town of Hillsborough, (hereinafter referred to as “Town”), (collectively referred to as “Parties”) shall have an effective date as of the date on which it is executed by County. WHEREAS, this Agreement is entered into pursuant to North Carolina General Statutes §§ 160d-202 and 1102, which permits the Town to request the Board of County Commissioners to direct one or more County fire inspectors to conduct fire prevention services within the Town’s jurisdiction. WHEREAS, County maintains the Department of Emergency Services which includes a Fire Marshal Division that conducts fire prevention services, including inspections, plan review and inspections, issues permits, enforces the fire codes, authorizes facilities and capital improvements, retains administrative records and provides other support services relating to the Building Division operations (hardware and software) for the County, and WHEREAS, the Town desires to procure the services of the County’s Emergency Services’ Fire Marshal Division to perform fire protection services for plan examinations, permitting and inspection services within the municipal and extraterritorial jurisdictional (ETJ) boundaries of the Town, as it exists now and as it may change from time to time; and WHEREAS, County, through said Fire Marshal Division, is willing to perform such services pursuant to the terms and conditions hereafter set forth. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, County and Town agree as follows: ARTICLE 1 – SCOPE OF SERVICES 1.1. Beginning July 1, 2021, Town hereby authorizes the County to enforce, all applicable North Carolina State Building Codes and the Town Code related to fire safety and fire prevention 2 Draft Interlocal Agreement between Orange County and Town of Hillsborough for Fire Prevention Services April 25, 2021 within the Town of Hillsborough and its extraterritorial zoning jurisdiction. 1.2. The County shall perform the above Services through its Fire Marshal Division, or any successor division/department that the County Manager may designate. 1.3 The County shall perform the Services listed in this Article and shall charge appropriate fees for such Services as set out in the Orange County Fee Schedule, and as it may be amended from time to time. ARTICLE 2 – RESPONSIBILITIES OF TOWN OF HILLSBOROUGH 2.1 The Town will amend its Code of Ordinances to align with the North Carolina Fire Prevention Code, as it may be amended from time to time. It is both parties’ intent that any local amendments adopted by the County will also be adopted by the Town, to the extent that the amendment is applicable to Town. 2.2 The Town will include the Fire Marshal Division staff in the internal and technical review of proposed developments, as described in its Unified Development Ordinance. 23 The Town shall provide annual permit activity and growth projections to the County in the same manner that the information is provided to the Town Board and/or the Building Inspections office to assist in communication and workflow planning. 2.4 The Town shall provide information sessions to the Fire Marshal Division staff regarding utility operations that impact fire inspections and fire safety, including but not limited to, procedures for bringing new water lines into service and how testing may impact availability for use during inspections. ARTILCE 3 – RESPONSIBLITIES OF ORANGE COUNTY 3.1 The County will continue the inspection schedule established by the Town prior to this Agreement so inspected facilities will not see a markedly different inspection schedule, consistent with the occupancy. 3.2 The County will invite the Town to participate in the hiring process when an inspector serving the Hillsborough community is being selected. ARTICLE 4 – COMPENSATION 4.1. Permits shall be issued by the County in accordance with the fees charged by the County, as such fees may be amended from time to time. All fees shall be based on the approved Orange County Fee Schedule to provide the Services set forth in this Agreement. County shall retain all fees collected from inspections, permit applications, and plan review. 3 Draft Interlocal Agreement between Orange County and Town of Hillsborough for Fire Prevention Services April 25, 2021 4.2 Fiscal Year 2021 – 2022 Costs. The total compensation Town shall pay to the County for Fiscal Year 2021-2022 shall be One Hundred Thirty-Four Thousand Four Fifty-Two Hundred dollars and 00/100 ($134,452). 4.2.1. Employee Costs. In recognition of the volume of work required in the Town’s jurisdiction and its impact to the current workload in the County Fire Marshal Division, the Town shall pay the County $75,952, the annual salary of one Assistant Fire Marshal FTE, County midpoint Salary Grade 18, with benefits, and recurring expenses. 4.2.2. Vehicle Costs. The Town shall make a one-time payment of $58,500 to cover non- recurring vehicle and equipment expenses for one FTE. 4.3 Annual Costs. After the first year, the Town and County shall reevaluate the costs and revenues associated with this service annually during each jurisdiction’s budget process. By January 31 of each year for that fiscal year, the County shall provide to the Town: 4.3.1 Projected annual expenses and projected revenues received from business enterprises in the Town limits and ETJ. If revenue growth exceeds the annual expense increase, the annual fixed payment will remain unchanged. If expense growth exceeds revenue growth, the Town will increase the payment to an amount not to exceed 5% of the original amount or the actual change, whichever is less; and 4.3.2 The annual salary of one Assistant Fire Marshal FTE, County midpoint Salary Grade 18, with benefits and recurring expenses. 4.4 Vehicle Replacement Costs. After the first year, the Town shall provide an annual payment to the County equal to 1/5 of the purchase price of a vehicle, based on the standard vehicle assigned to county staff conducting inspections. For Fiscal Year 2022-23, the amount shall be $9,000. 4.5 The payment agreement in paragraph 4.2, 4.3, and 4.4 is considered the base agreement and is subject to change upon agreement by the Town Manager and County Manager if a deviation is needed to continue the agreement. ARTICLE 5 – TRANSFER OF PERSONNEL 5.1 The Town will transfer the current Town Full Time Employee performing Fire Prevention services to the County. The Employee will become a County employee subject to the authority of the County Manager and the Orange County Personnel Ordinance, Chapter 28, Orange County Code of Ordinances. 4 Draft Interlocal Agreement between Orange County and Town of Hillsborough for Fire Prevention Services April 25, 2021 5.2 The Parties acknowledge that it is an important objective of this Agreement that the Employee's current total compensation package be maintained at a substantially equivalent level through their transfer to the County. However, the combination of salary and benefits may change. The Parties recognize that all compensation components to the Employee after the transfer will be subject to changes in salaries and benefits in the same fashion as other County employees. The County and Town will develop a detailed schedule comparing the total pre- transfer and post-transfer compensation for the Employee. ARTICLE 6 – EFFECTIVE DATE AND TERM OF INTERLOCAL AGREEMENT 6.1. This Agreement shall become effective upon execution by the BOTH PARTIES and shall continue in full force and effect until midnight, June 30, 2026, unless sooner terminated by either party as provided for herein. The Interlocal Agreement will automatically renew for three (3) additional five-year terms unless either party notifies the other party in writing of its intention not to renew at least 180 days prior to expiration of the then-current term. 6.2. This Agreement shall remain in full force and effect until it expires or through the termination date or any extended termination date, as set forth above or in Article 9 – Termination below. 6.3 The County will begin taking actions under this agreement on July 1, 2021. ARTICLE 7 – GOVERNMENTAL IMMUNITY The Town will indemnify and hold the County harmless from all claims, demands or actions whatsoever arising from the County’s provision of services under this Agreement unless the same results from the intentional or negligent conduct of the County. It is the intent of this Section that the Town indemnifies the County to the fullest extent permitted by law. ARTICLE 8 – INSURANCE The County and the County’s employees performing services pursuant to this Agreement are insured to the extent permitted by law. The parties acknowledge and represent that the Agreement does not create an obligation on part of the County to insure the Town or employees of the Town for actions relating to or undertaken in accordance with this Agreement. ARTICLE 9 – TERMINATION Either party may terminate this Interlocal Agreement, with or without cause, by providing notice to the other party of termination in writing at least 180 days prior to the effective date of termination. This Interlocal Agreement may also be terminated by court order upon the finding that there has been substantial breach of this Interlocal Agreement by the non- complaining party so as to entitle the complaining party to be relieved of its obligations under 5 Draft Interlocal Agreement between Orange County and Town of Hillsborough for Fire Prevention Services April 25, 2021 this Interlocal Agreement. ARTICLE 10 – NOTICES Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: To County: Bonnie Hammersley Orange County Manager P.O. Box 8181 Hillsborough, N.C. 27278 With copy to: Kirby Saunders Orange County Emergency Services Director P.O. Box 8181 Hillsborough, N.C. 27278 To Town: Eric Peterson Hillsborough Town Manager P.O. Box 429 Hillsborough, N.C. 27278 With copy to: Margaret Hauth, AICP Hillsborough Assistant Town Manager/Planning Director P.O. Box 429 Hillsborough, N.C. 27278 ARTICLE 11 – MISCELLANEOUS PROVISIONS 10.1. ASSIGNMENT: County shall perform the selected Services provided for in this Agreement exclusively and solely for the Town which is a party to this Agreement. Neither party shall have the right to assign this Agreement. 10.2. WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 10.3. SEVERABILITY: The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision. 10.4. ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the matters contained 6 Draft Interlocal Agreement between Orange County and Town of Hillsborough for Fire Prevention Services April 25, 2021 herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations of agreements, whether oral or written. 10.5. MODIFICATION: It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 10.6. CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal disputes arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the State of North Carolina, seated at Orange County, North Carolina, and governed by the laws of the State of North Carolina. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation and will submit to bench trial. 10.7. DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such party’s preparation of this Agreement. 10.8. RECORDING: This Agreement may be recorded in the public records of Orange County, in accordance with the North Carolina General Statutes. [SIGNATURE PAGE TO FOLLOW] 7 Draft Interlocal Agreement between Orange County and Town of Hillsborough for Fire Prevention Services April 25, 2021 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement Between Orange County and Town of Hillsborough for selected Services to be Performed by the Orange County Emergency Services Department, Fire Marshal Division on the respective dates under each signature: Orange County through its Board of County Commissioners, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the ____ day of , 2021 and the Town, signing by and through its Town Manager, authorized to execute same by Town Board of Commissioners action on the day of , 2021. Orange County, North Carolina ATTEST: Renee Price, Chair, Board of Commissioners Laura Jensen, Clerk to the Board Orange County Board of Commissioners Town of Hillsborough, North Carolina ATTEST: Eric J. Peterson, Town Manager Sarah E. Kimrey, Interim Town Clerk Approved as to form and legal sufficiency: Annette M. Moore, Sr. Staff Attorney Approved as to form and legal sufficiency: Robert Hornik, Hillsborough Town Attorney This disbursement has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Keri Carnes, Interim Finance Director, Hillsborough Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.F Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Town code amendment to update parking restrictions, speed limits, and stop sign locations Attachment(s): 1. Draft ordinance Brief Summary: The town code Appendix 6A lists parking restrictions, speed limits, and stop sign locations. These lists must be updated to reflect new development and other changes approved by the board. The attached ordinance captures new streets in Forest Ridge and Collins Ridge as well as other changes approved in downtown. The listing of handicap parking spaces is being eliminated as the code clearly covers the restriction elsewhere. Action Requested: Adopt the ordinance updating the town code. ISSUE OVERVIEW Background Information & Issue Summary: N/A Financial Impacts: N/A Staff Recommendations/Comments: AN ORDINANCE AMENDING SECTION 6-28 and APPENDIX 6A OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 6-28, Designated Parking, is hereby amended to read as follows: Location Side From To West King Street Parking lot (Behind Police headquarters) West Dumpster enclosure End of row (13 parking spaces) West King Street Parking lot (Behind Police headquarters) East Back door of the police department End of row (5 parking spaces) Section 2. Section 6A-3, No Right Turn on Red Intersections, is amended to add eastbound Margaret Lane at South Churton Street. Section 3. Sec. 6A-5. Stop Signs, is amended as follows: Stop Street Approach Main Street Bluffberry Way North Open Air Lane Bluffberry Way North and South Haven Hill Road Bluffberry Way North and South Sea Trail Street Boxwood Trace Lane East Clandon Square Road Boxwood Trace Lane West Spring Overlook Lane Cameron Street (N) North and South Caine Street Cameron Street (S) North and South East Margaret Lane Clandon Square Road West Spring Overlook Lane Country Side Street North Open Air Lane Country Side Street South Sea Trail Street Ellsworth Manor Drive East Prestwood Drive Flat Ford Road East Brightleaf Road Flat Ford Road East and West Gold Hill Way Flat Ford Road West Poet Pointe Flat River Run East Gold Hill Way Flat River Run West Bluffberry Way Garden Heights Lane South Quincy Cottage Road Gold Hill Way North James J. Freeland Memorial Drive Gold Hill Way North Watermill Way Gold Hill Way South Flat Ford Road Haven Hill Road East Brightleaf Road Haven Hill Road East and West Gold Hill Way Haven Hill Road West Bluffberry Way James J. Freeland Memorial Drive East Brightleaf Road James J. Freeland Memorial Drive West Gold Hill Way Lydia Lane (replace Thomas Ruffin) South St. Marys Road Open Air Lane East and West Country Side St Open Air Lane West Bluffberry Way Picnic Place West Gold Hill Way Poet Pointe South Flat Ford Road Prestwood Drive South Quincy Cottage/Spring Overlook Prestwood Drive South US 70 A Quincy Cottage Road East Prestwood Drive Quincy Cottage Road East & West Ellsworth Manor Drive Quincy Cottage Road East & West Talondale Court Sea Trail Street East Gold Hill Way Sea Trail Street East and West Country Side St Sea Trail Street West Bluffberry Way Spring Overlook Lane West Prestwood Drive Stanton Gable Lane North Prestwood Drive Stanton Gable Lane South Spring Overlook Lane Watermill Way East Brightleaf Road Watermill Way East and West Gold Hill Way Watermill Way West Poet Pointe Section 4. Section 6A-6, Four Way Stop; Three Way Stop, is amended to add the intersections of West King Street with Wake Street and Hassell Street. Section 5. Section 6A-9, Turns Prohibited, is amended to change “eastbound” to “westbound” for Margaret Lane at South Churton Street and King Street at Churton Street to correctly identify the left turn lane locations. Section 6. Section 6A-12, Speed Limits, is amended to show the 20 mile per hour speed on West King Street extended to Hassell Street. Section 7. Section 6A-12, Speed Limits is further amended to list the following new streets as 25 miles per hour: Bluffberry Way Brightleaf Road Country Side Street Flat Ford Road Flat River Run Gold Hill Way Haven Hill Road James J. Freeland Memorial Drive Open Air Lane Picnic Place Poet Pointe Sea Trail Steet Watermill Way Section 8. Section 6A-14, Parking Prohibited at All Times, is amended to change in introductory language to read: “In accordance with section 6-24, parking is prohibited at all times along streets with yellow curb markings and in the right of way of all areas listed below.” Section 9. Section 6A-14, Parking Prohibited at All Times, is amended to delete the reference on the south side of West Corbin Street and Section 6A-15, Parking Prohibited During Certain Hours, to delete the reference on the east side of North Hassell Street between Tryon and Queen. Section 10. Section 6A-16, Parking Reserved for Specific Purposes and During Certain Hours, is amended to delete reference to the Bank of America Parking Lot. Section 11. Section 6A-16, Reserved, is amended to designate as Fifteen Minute Parking Allowed and define the following areas: On Street Side Location Time Period West King Street North In front of 116 West King Street 24/7 West King Street South In front of 115 West King Street 24/7 West King Street South Spaces in front of 139 West King Street 24/7 Section 12. Section 6A-16B, Three Hour Parking Allowed, is amended to update the reference to the Bank of America lot to be the West King Street parking lot Section 13. Section 6A-18, Commercial Loading Zones, is amended to define the following loading zones: On Street Side From To Time Period West King Street North North Churton Street West King Street parking lot entrance 24/7 West King Street North West King Street parking lot entrance 80 feet west 24/7 West King Street North Driveway to 158 West King Street 84 feet west 24/7 Section 14. Section 6A-20, Handicapped Parking Spaces, is deleted as duplicative. Section 15. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 16. 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 10th day of May, 2021. Ayes: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.G Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Town code amendments to align more closely with Orange County fire code provisions Attachment(s): 1. Email from County Fire Marshal 2. Strikethrough version of current code 3. Draft Ordinance Brief Summary: The fire prevention section of the town code contains significant duplicate language found in state law. Having this language in our code is duplicative and leaves open the possibility of our code being out of date. This includes the revision to requiring automatic sprinklers in buildings 10,000 sf and larger rather than 3,600 sf and larger, which has been our practice for some years. Action Requested: Adopt amended ordinance. ISSUE OVERVIEW Background Information & Issue Summary: As part of the proposed interlocal agreement with Orange County, a number of provisions in the town code should be amended to not duplicate and align with state law. Staff supports the deleting of sections 12.6-12.17 excepting 12.14 (open burning) as recommended by the county fire marshal immediately. We would like some additional time to consider un-adopting appendices B & H of the North Carolina Fire Prevention Code as well as deleting Section 12.1-12.3 until we consult with our Utilities Department, Police Department, and Orange Rural Fire Department. Financial Impacts: Staff Recommendations/Comments: 1 Margaret Hauth From:Jason Shepherd <jshepherd@orangecountync.gov> Sent:Thursday, April 29, 2021 3:28 PM To:Margaret Hauth Cc:David Cates Subject:RE: agreement & automatic sprinkler language Attachments:fire prevention-town code.docx Margaret,    I’m doing well thank you. I hope you are! I’ve read through and made red strikethrough for language I recommend  omitting overall. Justification is:     12‐5. I removed Appendix B and Appendix H. B is very restrictive and shouldn’t matter in town with a municipal  water system. I adopted it in the county because I needed 1142 referenced for me to be able to have fire ponds  built if needed. Appendix H is incorporated into the body of the code now.   12‐6. It’s my understanding this doesn’t take place.    12‐9. This is redundant. It’s a general statute and addressed in fire code and admin code.    12‐10. This is a piece of the fire code. Redundant   12‐11. This is a piece of the fire code. Redundant    12‐12. This is a piece of the fire code. Redundant    12‐13. This is a piece of the fire code. Redundant    12‐17. Delete the whole section. Our codes cover what’s supposed to be done.      I do have a new thought after reading this document. (which I haven’t done before)   I don’t recommend the contract adopting rules that the county has. (because I don’t have any rules except fire code and  appendix). Specifically now that I read this, I didn’t know the town adopted optional permits, fire lane design and open  burning. These items are specific to town and I think it’s important they continue to be enforced in town. Here’s why.  I’ve written an ordinance years ago that I can’t get any traction. Optional operational permits have benefit and that  should continue so we can exercise that permitting. Point being the open burning (12‐14). It’s an optional operational  permit in our code. If it’s taken away from us to enforce, everyone can burn smaller parcels of land and we can’t  regulate it without a permit. We have that authority now in the town with this ordinance but if you allow the county to  enforce county’s rules, we can’t enforce it because we haven’t adopted those permits, you’ll have a drastic change  where people set things on fire smaller than 20 acres.     Also, I like how the fire lane ordinance is descriptive to design. Put that in the county to enforce design, we can’t b/c we  don’t have an ordinance so there will be inconsistency in approach going forward.    I’d like to get the section 12‐16 maybe Sarah Pickhardt to review and provide feedback. I’m not sure if the scope of this  is addressed in general statutes and/or an emergency management act somewhere?? Some of the language that says  his should be changed to his/her (in my opinion) while we’re changing some of it. I’m not going to share it with her for  opinion but I would only do so with your permission if that’s okay?     I recommend the County FMO enforce town ordinance in town since it’s town fire prevention code. Please consider this  as language in the code. I prefer to work with town leadership and propose changes/modifications or deletions to the  fire prevention ordinance. If I get the county’s ordinance passed in the future, based off of these examples I’ve shared,  there are things that work well in rural settings that don’t apply to town fire protection. Like apples and oranges.     2 I did look at article 1 and have the following comments. I’d delete the ones copied below. 12‐1 is a general statute. 12‐2  seems irrelevant. 12‐3 says the same thing 12‐1 does with less words.    Hope this helps. I’d be glad to talk through with you.    Jason    Sec. 12-1. - Interference with firefighters. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS As provided in G.S. 58-82-1, no person may willfully interfere in any manner with firemen engaged in the performance of their duties. A person commits interference with a firefighter, emergency medical service provider, or rescue personnel when by using or threatening to use violence, force, or physical interference, or an obstacle, knowingly obstructs, impairs, hinders, or interferes with the prevention, control, or abatement of fire by a firefighter, while such person is acting under color of his or her official authority; or knowingly obstructs, impairs, hinders, or interferes with the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue personnel, while such person is acting under color of his or her official authority. (Ord. No. 20200113-7.C, § 1, 1-13-2020)  Sec. 12-2. - Riding on fire department apparatus. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS No person other than a member of the fire department may mount or ride upon any fire engine, tanker truck or aerial apparatus before it leaves the station or while on its way to or from a fire or at any other time, except by permission of the driver or officer in command. (Ord. No. 20200113-7.C, § 1, 1-13-2020)  Sec. 12-3. - Congregating at fires. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS It shall be unlawful for persons to congregate on the streets, sidewalks, or other areas adjacent to a fire so as to interfere with the operations of members of the fire department       From: Margaret Hauth <Margaret.Hauth@hillsboroughnc.gov>   Sent: Thursday, April 29, 2021 2:11 PM  To: Jason Shepherd <jshepherd@orangecountync.gov>  Cc: David L. Cates <david.cates@hillsboroughnc.gov>  Subject: [EXTERNAL MAIL!] agreement & automatic sprinkler language    Jason,  3 Hope you are well.  Attached is the Fire inspection portion of the town code. I was planning to handle the sprinkler requirement & our  interlocal agreement both at the May 10 meeting.    Since Section 12‐17 starts with the phrase “in addition to those required by the state” or something to that effect, can  the town just delete that section entirely to match with Orange County?    Agenda items will be due (with attachments) on Tuesday of next week. Any thoughts prior are welcome. I was hoping to  do this one first & then a more detailed check for alignment sometime when we all had more room to think.    Thanks!      Margaret   Margaret A. Hauth, AICP  Planning Director/Assistant Town Manager  919.296.9471  Margaret.hauth@hillsboroughnc.gov     www.hillsboroughnc.gov    Town of Hillsborough  101 East Orange St.  P.O. Box 429  Hillsborough, NC  27278    Pursuant to NCGC Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as any electronic  mail message(s) that may be sent in response to it ‘may’ be considered public record and as such are subject to request and review by  anyone at any time.    PART II - CODE OF ORDINANCES Chapter 12 - FIRE PREVENTION AND LIFE SAFETY ARTICLE II. FIRE PREVENTION Hillsborough, North Carolina, Code of Ordinances Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 1 of 12 ARTICLE II. FIRE PREVENTION Sec. 12-5. Adoption of fire prevention code. (a) There is hereby adopted by the board of commissioners of the Town of Hillsborough for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code, known as the North Carolina Fire Prevention Code, also known as the "International Fire Code" with North Carolina Amendments as currently adopted by the North Carolina Building Code Council. Additionally, the board adopts all permits contained in section 105, both operational and construction, both optional and mandatory. Further, the board adopts Appendix B, Fire Flow Requirements for Buildings, Appendix C, Fire Hydrant Locations and Distribution, Appendix D, Fire Apparatus Access Roads and Appendix H, Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions. (b) Not less than three copies of the adopted codes are on file in the office of the town clerk and the same are hereby adopted and incorporated as fully as if set out in length herein and the provisions of the fire prevention code and standards shall control within the limits of the city and the extraterritorial jurisdiction. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Secs. 12-6. Records of inspection of fire protection systems. (a) Pursuant to section 104.7.2 of the NC Fire Prevention Code, the Town of Hillsborough designates Life Safety Inspection Vault LLC, as the third-party single point repository of testing, service, maintenance and installation documentation for fire protection systems within the town's jurisdiction. (b) Record keeping. All certified contractors providing services, testing, installations, repair and/or maintenance of fire prevention systems to commercial facilities within the town are required to enroll and utilize the town approved single-point repository service company for reporting the rendered service information. This reporting information must be filed with the single-point repository service within five working days of the completion of services to the commercial facility. (c) The single-point repository service company shall organize, maintain and monitor the received records, providing information to the town and the commercial facility pertaining to the records status and timely notifications on required inspection timetables. Fees for this service shall be paid directly from the certifying contractor to the town approved single-point repository service company. (d) In addition, a copy of the record of each periodic inspection, test, servicing, repairs and maintenance shall be maintained on the commercial facilities premises, or other approved location, for a period of not less than three years, unless a different period of time is specified in the NC Fire Prevention Code or other appropriate standard. On site records shall be made available to the Fire Code Official, upon request. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Secs. 12-7, 12-8. Reserved. Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 2 of 12 Sec. 12-9. Inspection of premises for fire hazards. (a) As provided in G.S. 58-79-20, the fire marshal, chief of police in the absence of the fire marshal or building inspector may enter into all buildings and premises during reasonable hours to inspect for combustible materials or inflammable conditions dangerous to the safety of such building or premises. (b) When any officer making an inspection in accordance with subsection (a) of this section, discovers combustible materials in inflammable conditions, he shall order the occupant or person in charge of the premises to remove or remedy such materials or conditions. Unless the person to whom the order is directed appeals to the commissioner of insurance within 24 hours, as provided in G.S. 58-79-20, the order shall be complied with forthwith. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Sec. 12-10. Blocking or obstructing exits. (a) No person may block or obstruct, partially or totally, any fire escape, balcony, hallway, stairway, aisle, corridor, ramp, or other passageway or means of egress from any building, other than a single-family residence, during the hours such building is occupied. (b) No person having control over any fire escape or other area listed in subsection (a) of this section may cause, suffer, or permit any such area to be blocked or obstructed, partially or totally, while the building to which these areas relate is occupied. (c) No person may lock doors in means of egress against the path of exit travel when the building served by the means of egress is occupied. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Sec. 12-11. Marking and lighting of exits. (a) In rooms accommodating or designed to accommodate more than 50 persons, doorways, other than those normally used for entrance or clearly visible from all points in the room, shall be marked by exit signs approved by the fire marshal that are sufficiently illuminated to be readily visible when the room or space is occupied. (b) Where the exit doorways are not visible from all locations in public corridors, directional signs approved by the fire marshal shall be placed on walls or otherwise displayed in conspicuous locations to direct occupants to exit doorways. (c) Fire escapes, stairways, hallways, and other means of egress shall be adequately lighted, not less than 1.0 foot-candle on walking surface, at all times that the building served thereby is occupied. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Sec. 12-12. Number of occupants permitted. (a) All rooms accommodating or designed to accommodate 50 or more persons shall be posted with a legible sign, conspicuously located, stating the maximum number of persons permitted in that room. (b) The owner or other person having control of the assembly of persons in any room where a sign is posted pursuant to subsection (a) of this section shall prevent occupancy of that room by more people than is authorized. Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 3 of 12 (c) The number of permitted occupants shall be determined by the building inspector and the fire marshal. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Sec. 12-13. Fire extinguisher required. The owner or other person in charge of any premises shall install sufficient portable fire extinguishers, of a kind and in locations prescribed in the current edition of NFPA 30. The fire marshal may require additional extinguishers to afford reasonable protection to persons and property. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Sec. 12-14. Open burning. (a) Except as otherwise provided in this section, no person may burn or cause to be burned any material outside of a building without a permit issued by the town's fire marshal. The fire marshal will notify the fire department and the Hillsborough Police Department immediately upon issue of a burning permit. (b) No burning shall be allowed without a permit, which shall be valid for a period of up to 72 hours, as specified on the permit, and shall be obtained from the fire marshal. The fire marshal shall inquire of the North Carolina Forest Service as to whether, given the weather conditions, burning shall be allowed on particular days. (1) The fire marshal may issue a permit to allow open burning in the form of a campfire or campfires as part of a cultural event or celebration conducted by a not-for-profit organization on public property. (2) Such a permit may allow open burning in the form of a campfire or campfires for a period no longer than 72 consecutive hours. (3) Each such campfire shall be constantly attended, and the person in charge shall have a garden hose or fire extinguishing equipment readily available for use. (c) Burning shall be permitted only on property owned or occupied by the person doing the burning, or his agent, and only in accordance with the terms of the permission. Burning shall not be allowed within 50 feet of any structure, except as provided in subsection (f) of this section. (d) Outdoor fires shall be constantly attended, and the person in charge shall have a garden hose or other fire extinguishing equipment readily available for use. (e) Subject to subsection (i) of this section, burning of debris or materials resulting from the clearing for or construction of roads, or the clearing for or construction of new buildings, shall not be permitted. (f) Outdoor burning of leaves, brush, grass, etc., is not allowed within the town limits. Residents within the towns extraterritorial jurisdiction may burn vegetative yard waste on property owned or occupied by the person doing the burning. A permit is required, except that burning is permissible without the permit required by subsection (b) of this section, if done within a container approved by the fire marshal, so long as the container is located not less than 15 feet from any structure. Any amounts of leaves or brush too large for burning within said container may be burned between 50 to 100 feet from any structure. (g) The State of North Carolina prohibits the burning of any construction materials. (h) The requirements of this section shall not apply to burning done by the local fire department for training purposes. (i) Nothing in this section shall relieve any person of the requirements of any other provision of law governing outdoor burning or pollution from burning. Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 4 of 12 (j) The burning of trees, brush and other vegetable matter in connection with construction projects and the clearing of land or rights-of-way may be permitted with the following limitations: (1) The areas to be cleared must be no less than 20 acres in size; (2) The only types of burns allowed are those referred to as "pit burns"; (3) The pits dug for the burns shall be a minimum size of seven feet deep, nine feet wide, and 35 feet in length; (4) The location of the pit must be approved by the fire marshal before a permit is approved and burning is allowed to commence; (5) Fans shall be properly used in the pit burn method to ensure that a high enough heat level is attained to minimize the amount of smoke and ash produced from the procedure; (6) Prevailing winds at the time of burning shall not exceed ten miles per hour; (7) The location of the burning must be at least 1,000 feet from any dwelling location, business, or occupied structure; (8) The amount of dirt on the material being burned must be minimized; (9) Heavy oils, asphalt materials, construction materials, items containing natural or synthetic rubber or any materials other than plant growth may not be burned; (10) Initial burning may be commenced only between the hours of 7:00 a.m. to 7:00 p.m., and no combustible material may be added to the fire between 7:00 p.m. and 7:00 a.m. of the following day; (11) Burning shall only be allowed Monday through Friday; (12) At no time shall the permittee fail to have the fire tended and guarded; (13) Permits will be issued by the town's fire marshal; (14) Permittee must check with the North Carolina Forestry Service to ensure there are no burning bans or additional burning restrictions in effect before a permit is issued; (15) Permittee must inform the fire department each day that burning will be occurring. (k) The fire marshal, any town police officer or firefighter, the town manager or acting town manager may revoke a permit issued under this section at the site where such permit authorized the burning if hazardous conditions are present at the burning site or if such burning causes a threat to the public health or safety or otherwise causes annoyance or discomfort to any person or damage to any property. (l) As provided in section 12-24, the provisions of this section may be enforced by the issuance of civil penalties. Such civil penalties may be issued by the fire marshal, any town police officer or firefighter, the town manager, acting town manager, or any other employees designated by the town manager. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Sec. 12-15. Fire lanes, fire apparatus access roads. (a) Defined. For the purpose of this code, when reference is made to the term "fire lane," it is inclusive of the term "fire apparatus access road" and they carry the same meaning as defined in the North Carolina Fire Prevention Code section 502. (b) Objective. To provide clear and suitable emergency access to buildings, events, processes and facilities for police, emergency medical service and fire apparatus. Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 5 of 12 (c) Consistent with pertinent provisions of the North Carolina State Fire Prevention Code, no person may park a motor vehicle in, or otherwise obstruct a fire lane that is designated and marked as provided in this section. (d) Whenever the fire marshal determines that a portion of a street, road, access way, driveway or parking lot located adjacent to, near to, or leading to a building should be designated as a fire lane, he shall specifically describe to the person in control of such area, the owner, occupant, or managing agent, the precise dimensions and location of such area, and require such person to mark such area in accordance with the provisions of the North Carolina State Fire Prevention Code and the previsions of this Code using his best professional judgment in the furtherance of the objective stated. (e) Marking of fire lanes shall be as follows: (1) If the fire lane is designated adjacent to a curb, the lane shall be marked by painting the curb yellow for the entire length of the fire lane and by posting legible signs alongside of the fire lane within five feet of the curb that state, "No Parking, Fire Lane, Tow-Away Zone." These signs shall be placed not lower than four feet from the ground nor higher than seven feet. Sufficient signs shall be placed so that no portion of the yellow pavement marking designating the fire lane is more than 50 feet from such a sign. When designated, the fire lane shall comprise an area 20 feet wide, running adjacent to the yellow curb marking. (2) If the fire lane is designated adjacent to the edge of a travel lane along which there is no curb but along which signs may be placed without obstructing flow of traffic, then the lane shall be marked by posting legible signs alongside the fire lane within three feet of the edge of the travel lane that states "No Parking, Fire Lane, Tow-Away Zone." These signs shall be placed no lower than four feet from the ground and no higher than seven feet. Such signs shall be placed at the extreme limits of the fire lane and at intervals of not more than 80 feet. When so designated, the fire lane shall comprise an area 20 feet wide running adjacent to the edge of the travel lane where fire lane signs are posted. (3) If the fire lane is designated in an area not adjacent to a curb and not in an area where signs can be conveniently posted, lanes shall be marked by outlining the perimeter of the lane with a yellow line not less than three inches wide and painting on the pavement within the fire lane the words "No Parking, Fire Lane, Tow-Away Zone" in letters not less than six inches high, so that no portion of the fire lane is more than 30 feet from the painted words "Fire Lane." (f) If the fire marshal determines that the manner of marking fire lanes as prescribed in subsection (e) of this section is impracticable, unnecessarily cumbersome or difficult or causes an unnecessary hardship because of the peculiar circumstances affecting a particular fire lane and that adequate notice of the existence of the fire lane can be given in some other way, he may authorize the person exercising control over the area of the fire lane to mark the lane in some other satisfactory manner. The fire marshal shall inform such person in writing why the deviation is authorized and how the fire lane must be marked. (g) Appendix D of the North Carolina Fire Prevention Code is adopted as a requirement for this section of the town Code. The North Carolina Fire Prevention Code and its Appendix D supersede any requirement of this section found to be in conflict. (h) Pursuant to G.S. 20-162, the owner of a vehicle parked unlawfully in a fire lane shall be deemed to have appointed a law enforcement officer as his agent for the purposes of having the vehicle towed from such fire lane. A town officer who has a vehicle removed under this subsection shall comply with the notification requirements set forth in section 11-28 of the town Code. (i) Fire lanes and fire apparatus access roads shall be operational and approved for use prior to any construction progressing above the slab. (j) Streets, fire lanes or access roadways shall be installed and approved by the fire marshal at such time that construction has progressed to completion of the foundation. Any modification to this timing must be requested in writing and approved in writing by the fire marshal. Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 6 of 12 (1) The erection of combustible construction (framing) or the storage of combustibles shall be accessible within 150 feet of any dedicated public or private street, fire lane or access roadway. (2) All streets, fire lanes, or access roadways shall be accessible to fire apparatus with an approved paved driving surface with an unobstructed width not less than that prescribed in Appendix D of the NC Fire Prevention Code. Fire lanes or access roadways extending greater than 150 feet in length shall either connect at both ends to a dedicated city street or be provided with an approved turn around or hammerhead. (See Appendix D.) (3) It will be the responsibility of the construction superintendent to identify the fire lanes or access roadways during the developments construction phase and to mark them in a manner suitable to the fire marshal. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Sec. 12-16. Control of hazardous materials. (a) Removal and abatement of discharges. This article provides for the control of hazardous materials as well as the removal and abatement of any discharge of hazardous materials on the land or in waters of the Town of Hillsborough. (1) Intent and purpose. It is the purpose of this article to promote the health, safety and welfare of the citizens of the Town of Hillsborough by protecting the land and the waters over which the town has jurisdiction from pollution by hazardous materials. It is not the intention of this article to exercise jurisdiction over any matter as to which the United States government or the state has exclusive jurisdiction, and no provision of this article shall be so construed. The town further declares that it is the intent of this article to support and complement applicable provisions of the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; the National Contingence Plan for removal of oil adopted pursuant to that act; and the state Oil Pollution and Hazardous Substances Control Act of 1978, G.S. 143-215.75 et seq., as amended; the EPA 112r Clean Air Act 42 USC 7401 et seq. (2) Authority. Further, it is the intent of this article that the fire marshal or his designees shall have the authority to summarily abate or remedy hazardous materials discharged into the environment in such a manner as to endanger the health, safety or welfare of the general public or in such a way as to constitute a public health nuisance. The fire marshal or his designee shall determine the type, amount and quantity of equipment and personnel required to adequately abate and remedy all hazardous materials discharged into the environment. (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bailee means any person who accepts oil or other hazardous substances to hold in trust for another for a special purpose and for a limited period of time. Bona fide farm purposes means the production and activities relating to or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or a foreign market. Carrier means any person who engages in the transportation of hazardous materials for compensation. Discharge means, but is not limited to, any emission, spillage, leakage, pumping, pouring, emptying or dumping of hazardous materials into waters of the town or upon the land of the town, but shall not include amounts less than the quantities that may be harmful to the public health or welfare as determined pursuant to G.S. 143-215.77A. Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 7 of 12 Having control over hazardous materials means, but is not limited to, any person using, transferring, storing or transporting hazardous materials immediately prior to a discharge of such hazardous material onto the land or into the waters of the town, and specifically shall include carriers and bailees of such hazardous materials. Hazardous materials means any substance that when discharged in any quantity may present an imminent and substantial danger to the public health, safety or welfare, as designated pursuant to G.S. 143-215.77A, or constitutes a public health nuisance. Oil means oil of any kind and in any form, including but specifically not limited to petroleum, crude oil, diesel oil, fuel oil, gasoline, lubrication oil, oil refuse, oil mixed with other waste, oil sludge, petroleum related products or byproducts, and all other liquid hydrocarbons, regardless of specific gravity, whether singly or in combination with other substances, and are considered to be hazardous materials. Person means any and all natural persons, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, federal or state governments, or private or public corporations organized or existing under the laws of this state or any other state or county. Premises means any real or personal property involved in a discharge contrary to the provisions of this article. Public health nuisance includes any discharge determined to be dangerous or prejudicial to the public health. Restoration and restore means any activity or project undertaken in the public interest or to protect the public interest or to protect public property or to promote the public health, safety or welfare for the purpose of restoring any lands or waters affected by a hazardous material discharge as nearly as is possible or desirable to the condition that existed prior to the discharge or to abate a public health nuisance. Superior court means the county superior court. Waters means any stream, river, creek, brook, run, canal, swamp, lake, reservoir, waterway, wetlands, or any other body or accumulation of water, surface or underground, public or private, natural or artificial, contained within, flowing through, or bordering upon this town. (c) Exceptions. This article shall not be construed to prohibit the use of oil or other hazardous substances, oil- based products, or chemicals on the land or waters by the state or county government agency in any program of mosquito or other pest control, or their use by any person engaged in a bona fide farm purpose on a bona fide farm or accepted forestry practices, or in connection with aquatic weed control or structural pest and rodent control, in a manner approved by the state, county or local agency charged with authority over such uses, shall not constitute a discharge. The use of a pesticide regulated by the state pesticide board in a manner consistent with the state pesticide law, as amended, shall not constitute a discharge for purposes of this article. (d) Parking and garaging of tank and cargo vehicles. (1) Except in an emergency, no tank or cargo vehicle carrying hazardous materials shall be left unattended on any street, highway, avenue or alley, provided that this shall not prevent a driver from the necessary absence from the truck in connection with the delivery of his load, except that during actual discharge of the liquid some reasonable person shall be present at the vehicle, nor shall it prevent stops for meals during day or night if the street is well lighted at the point of parking. (2) Tank or cargo vehicles carrying hazardous materials shall not be left unattended at any time on residential streets, or within 500 feet of a residential area, educational facility, care facility or hospital. Tank vehicles shall not be left unattended at any other place that would, in the opinion of the fire marshal, present an extreme life safety hazard. (e) Enforcement procedures. Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 8 of 12 (1) Inspections and investigations. The fire marshal or his designee is empowered to conduct such inspections and investigations as shall be reasonably necessary to: a. Determine compliance with the provisions of this article; b. Determine the persons responsible for violation of this article; c. Determine the nature and location of any hazardous materials discharged to the land or waters of this town; and d. Enforce the provisions of this article. (2) Entry upon land. The fire marshal or his designee are empowered upon presentation of identification to enter upon any private or public property for the purpose of inspection or investigation or in order to conduct any project or activity to contain, collect, disperse or remove hazardous materials discharge or to perform any restoration necessitated by the hazardous materials discharge. (3) Confidentiality. Any information relating to a secret process device or method of manufacturing or production discovered or obtained in the course of an inspection, investigation, project or activity conducted pursuant to this article shall not be revealed except as may be required by law or lawful order or process. (4) Discharges. a. Unlawful discharges. It shall be unlawful, except as otherwise provided in this article, for any person to discharge or cause to be discharged hazardous material into or upon any waters or lands within the town, or into any sewer, surface water drain or other waters that drain into the waters of this town, regardless of the fault of the person having control over the oil or other hazardous substances, or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause. Any discharge occurring in violation of this section constitutes a public health nuisance and is determined to be detrimental to the health, safety and welfare of the citizens of the town. b. Exceptions. This section shall not apply to discharges of hazardous materials in the following circumstances: 1. When the discharge was authorized by law, either statutory or regulatory. 2. When any person subject to liability under this article proves that a discharge was caused by any of the following: i. An act of God. ii. An act of war or sabotage. iii. Negligence on the part of the United States government or the state or its political subdivisions, including a county or town. iv. Any act or omission by or at the direction of a law enforcement officer or firefighter. (5) Removal of prohibited discharges. a. Person discharging. Any person having control over hazardous materials discharged in violation of this article shall immediately undertake to collect and remove the discharge and to restore the area affected by the discharge as nearly as may be to the condition existing prior to the discharge. If it is not feasible to collect and remove the discharge, the person responsible shall take all practicable actions to contain, treat and disperse the discharge; but no chemicals or other dispersant or treatment materials that will be detrimental to the environment or natural Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 9 of 12 resources shall be used for such purposes unless they shall have been previously approved by the state environmental management commission. The owner of an underground storage tank who is the owner of the tank only because he is the owner of the land on which the underground storage tank is located, who did not know or have reason to know that the underground storage tank was located on his property, and who did not become the owner of the land as the result of and participate in a transfer to avoid liability for the underground storage tank shall not be deemed to be responsible for a release or discharge from the underground storage tank. b. Removal by town. The town is authorized and empowered to utilize any staff, equipment and materials under its control or supplied by any other cooperating federal, state or local agencies and to contract with any agent or contractor that it deems appropriate to take such actions as are necessary to collect, investigate, perform surveillance over, remove, contain, treat or disperse hazardous materials discharged onto the land or into the waters of the town and to perform the necessary restoration regardless of whether the discharge is in violation of this article. The fire marshal shall keep a record of all expenses incurred in carrying out any project or activity authorized under this section, including actual expenses incurred for services performed by the town's personnel and for use of the town's equipment and material. The authority granted by this subsection shall be limited to projects and activities that are designed to protect the public health, safety or welfare, or public property, or abate a public health nuisance, and shall be compatible with the National Contingency Plan established pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. c. Cooperation with town. In any removal undertaken by the town, the person having control over such hazardous materials shall assist in the abatement, removal and remedial measures associated with the hazardous material discharge. Assistance shall consist of any or all of the following: 1. Shall comply with the direction and orders of the fire marshal. 2. Shall supply any emergency response plan information available for the site of any discharge. 3. Shall supply emergency response equipment, personnel and materials available on the site. (f) Required notice. Every person owning or having control over hazardous materials discharged in any circumstances other than pursuant to a rule adopted by the state environmental management commission, a regulation of the U.S. Environmental Protection Agency, or the Federal Water Pollution Control Act, upon notice that such discharge has occurred, shall immediately notify the Town of Hillsborough, Orange County Emergency Management and the State of North Carolina of the nature, location and time of the discharge and of the measures being taken, or proposed to be taken to contain and remove the discharge. If the discharged material is a pesticide regulated by the state pesticide board, the fire marshal shall immediately inform the chair of the pesticide board. Removal operations under this section of substances identified as pesticides defined in G.S. 143-460 shall be coordinated in accordance with the pesticide emergency plan adopted by the state pesticide board; provided that in instances where entry of such hazardous substances into waters of the town is imminent, the fire marshal may take such actions as are necessary to physically contain or divert such substances so as to prevent entry into the surface waters. (g) Criminal penalties. Any person who violates the provisions of this article or fails to comply with any of its requirements shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in G.S. 14-4. (h) Civil penalties. (1) Any person who intentionally or negligently discharges oil or other hazardous substances, or knowingly causes or permits the discharge of oil in violation of this article or fails to report a discharge as required Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 10 of 12 by subsection (e) of this section, or who fails to comply with the requirements of subsection (d)(5)a. of this section, or orders issued by the fire marshal as a result of violations of such requirements, shall incur, in addition to any other penalty provided by law, a penalty in the amount of $1,000.00 for every such violation. Every act or omission that causes, aids or abets a violation of this subsection shall be considered a violation under the provisions of this subsection, subject to the penalty provided in this section. (2) The penalty provided in this section shall become due and payable when the person incurring the penalty receives a notice in writing from the Town of Hillsborough describing the violation with reasonable particularity and advising such person that the penalty is due. A person may contest a penalty by filing a written request for reconsideration with the town manager within 30 days after receiving notice of the penalty. If any civil penalty has not been paid within 30 days after notice of assessment having been served on the violator, or within 30 days of the town manager deciding any request for reconsideration, the town manager shall cause that a civil action in superior court be initiated to recover the amount of the assessment. (i) Determination of expenses. Upon completion of any hazardous materials removal or restoration project or activity or abatement conducted pursuant to the provisions of this article, each agency that has participated by furnishing personnel, equipment or material shall deliver to the fire marshal a record of the expenses incurred by the department. Upon completion of any hazardous material removal or restoration project or activity, the fire marshal shall prepare a statement of all expenses and costs of the project or activity expended by the town and shall transmit this to the town manager and finance director. (j) Demand for payment. Upon receipt of the statement of expenses and costs from the fire marshal the finance director shall make demand for payment upon the person having control over the hazardous materials discharged to the land or waters of the town unless the discharge has occurred due to any of the reasons stated in section (d)(4)b.2. of this section, or if the discharge is one resulting from a bona fide farm purpose that has occurred on a bona fide farm. (k) Contested charges. A person contesting a demand for payment made pursuant to this section shall have ten days from receipt of the demand for payment to request that the matter be considered by the town manager. The final decision of the town manager may be appealed to the superior court within 30 days of the date of that decision in an action in the nature of certiorari. (l) Collection. Any person having control of hazardous materials discharged to the land or waters of the town in violation of the provisions of this article and any other person causing or contributing to the discharge of hazardous materials shall be directly liable to the town for the necessary cleanup projects and activities arising from such discharge, and the town shall have a claim to recover from any and all such persons. If the person having control over the hazardous materials discharged shall fail or refuse to pay the sum expended by the town, the amount shall be a lien upon the land or premises where the discharge occurred and shall be collected as unpaid taxes. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Sec. 12-17. Automatic fire sprinkler system requirements. This section shall specify where automatic fire sprinkler and fire alarm systems are required in addition to those already required by the North Carolina State Fire Prevention Code. Any system required by this Code shall meet the provisions of the North Carolina State Fire Prevention Code and the applicable NFPA Standards. (1) Intent and purpose. Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 11 of 12 a. It is the purpose of this article to promote the health, safety and welfare of the citizens the Town of Hillsborough by protecting them from the peril of fire and explosion through requirements for the installation of automatic fire sprinkler systems and fire alarms. b. The Town of Hillsborough finds that automatic fire sprinklers increase the level of fire protection by controlling or extinguishing fires thereby allowing occupants more time to escape and provides additional protection to property. (2) Definitions. The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning: Automatic fire sprinkler means any system that is designed and installed in accordance with the standards set forth in the most recent versions of the North Carolina State Fire Prevention Code and the National Fire Protection Association (NFPA) 13, Standard for the installation of Sprinkler Systems, to detect a fire and subsequently discharge an extinguishing agent without human activation or direction. Board means the board of commissioners of the Town of Hillsborough, North Carolina. Building means any structure, either temporary or permanent, designed or built for the support, enclosure shelter or protection of persons, chattels or property of any kind. Commercial means property utilized for commercial, manufacturing, industrial or any nonresidential use. The term "commercial" shall also include all dwelling units located within a multifamily residential structure consisting of three or more dwelling units, which are owned by a single entity. Gross floor area means the gross area measured in feet from the interior faces of exterior walls, or other exterior boundaries of the building, and shall include each additional floor. New commercial construction means any building or structure, or any addition to an existing building or structure that is utilized for commercial uses, for which a building permit is issued after the effective date of the ordinance adopting this Code. (3) Automatic fire sprinkler systems. Approved automatic fire sprinkler systems shall be required to be installed in all new commercial construction exceeding 3,600 square feet. Plans must be approved by the fire marshal and a permit obtained prior to the commencement of the installation. The following shall also require the installation of a fire sprinkler system; a. Additions to existing buildings, that increase the building square footage to 3,600 square feet or greater. The system must be installed throughout the building. b. Any change of occupancy in an existing building where the occupancy classification changes from Groups (B, F, H, M, S or U) to Groups (A, E, I or R), shall have an automatic sprinkler system installed throughout the building. c. Group A occupancies hereafter constructed that have an occupancy rating of 100 or more persons and serves alcohol. d. Exception: 1. Buildings constructed with three-hour fire walls dividing portions of the building into areas 3,600 square feet or less, are not required to install sprinklers when one of the following conditions are met: i. Fire doors and shutters located in the three-hour wall have fusible link or fire alarm activated hold open devices, installed and tested annually. Created: 2021-03-15 12:26:30 [EST] (Supp. No. 41) Page 12 of 12 ii. Fire doors and shutters located in the three-hour walls having magnetic hold open devices that release with the activation of the building fire alarm, or smoke detection associated with the door or shutter. (4) Water supply. a. Fire hydrants shall be installed in areas zoned residential for single-family and duplex apartments at a distance not to exceed 600 feet from such locations to any part of a structure, excluding outbuildings. Fire hydrants shall be installed in areas other than single-family and duplex apartments so as that no part of any structure, aboveground tanks or fueling stations shall not be more than 400 feet, from a fire hydrant as measured along the right-of-way of a public street or along an approved fire lane as the fire hose is laid off the fire truck. Fire hydrants may be 600 feet when the buildings served are fully protected by an automatic fire sprinkler system. 1. A single fire hydrant either public or private shall be located within 100 feet of the fire department connection. b. The North Carolina State Fire Prevention Code requires that buildings hereafter constructed or additions to existing buildings or facilities must have a water supply capable of providing the required fire flow for that building. This fire flow may be reduced by 75 percent if the building is equipped with an approved automatic sprinkler system the water supply must meet the demand of the system to include the inside and outside hose demands. The 75 percent reduction does not apply to NFPA 13R or 13D systems. (5) Acceptance testing and inspections. a. All sprinkler system valves shall be properly marked in accordance with NFPA 13. Newly installed sprinkler systems require a 200-psi hydrostatic test for two hours. The testing procedure for existing sprinkler systems, is a two-hour hydrostatic test at 150-psi. The hydrostatic acceptance test shall be witnessed and approved by the fire marshal. If an existing system is extensively altered, the system shall be retested. b. Existing hydraulically calculated systems shall be recalculated when any number of additional sprinkler heads are required. Calculations shall be provided to the fire marshal for review. c. The underground supply line to the sprinkler riser, along with the fire department connection line shall be flushed and hydrostatically tested with the results being provided to the fire marshal. The fire marshal shall be notified of the day and time the flushing and hydrostatic test will occur. d. Sprinkler piping and hangers shall not be covered or concealed by any means prior to being inspected and approved by the fire marshal. e. The permit fee shall be paid at the Town Hall Annex located at 137 N. Churton Street, Hillsborough, NC 27278. The permit fee covers the plans review and one cycle of acceptance testing. (6) Monitoring of sprinkler systems. All systems required by this section shall be monitored in accordance with section 903.4 of the North Carolina Fire Prevention Code. (Ord. No. 20200113-7.C, § 1, 1-13-2020) Secs. 12-18—12-20. Reserved. AN ORDINANCE AMENDING CHAPTER 12 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Chapter 12 of the Town Code is amended by deleting sections 12.6, 12.9, 12.10, 12.11, 12.12, 12.13, and 12.17. Section 2. Chapter 12 of the Town Code is amended by listing section 12.6 – 12.13 and 12.17 – 12.20 as Reserved. Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 4. 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 day of , 2021. Ayes: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: _____May 10, 2021_____________________ Department: __________Utilities________________ Public Hearing: Yes No Date of Public Hearing: __________________________ For Clerk’s Use Only AGENDA ITEM # 5.H Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: K. Marie Strandwitz, PE, Utilities Director ITEM TO BE CONSIDERED Subject: Acceptance of Waterstone Medical Office Building Sewer Extension Attachment(s): None Brief Summary: Sewer infrastructure to serve the Waterstone Medical Office Building (MOB) has been constructed in accordance with town standards and permits. The town has been asked to accept these assets. Action Requested: Accept assets. ISSUE OVERVIEW Background Information & Issue Summary: The new Waterstone MOB (UNC Health) is complete. A short sewer system extension (196 LF) was necessary to serve the site. The sewer extension construction was periodically observed by our inspectors as well as the acceptance testing. The developer has requested the town assume ownership of the extension. The engineer has certified its proper construction to the town and the state. We have received other required documentation. Financial Impacts: The town will own the sewer main and be responsible for its operation, maintenance, and repair (after the one-year warranty). Costs to the town should be offset by the monthly water & sewer fees to be charged to the future customers in the development. The value of the sewer improvement is presented as $20,588.73. Staff Recommendations/Comments: Accept assets. Board of Commissioners Agenda Abstract Form Meeting Date: _____May 10, 2021_______________________ Department: __________Utilities________________ Public Hearing: Yes No Date of Public Hearing: __________________________ For Clerk’s Use Only AGENDA ITEM # 5.I Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: K. Marie Strandwitz, PE, Utilities Director ITEM TO BE CONSIDERED Subject: Acceptance of Daphine Drive Water & Sewer Extensions Attachment(s): None Brief Summary: Water and sewer infrastructure to serve the Daphine Drive subdivision has been constructed in accordance with town standards and permits. The town has been asked to accept these assets. Action Requested: Accept assets. ISSUE OVERVIEW Background Information & Issue Summary: Daphine Drive subdivision was a mobile home park, and it is being redeveloped. It consists of nine lots. The park was served with a 2-inch water line. For the proposed single-family homes, the existing 2-inch main was replaced with 6- inch and 4-inch mains (672 LF). A short extension from the town’s existing sewer interceptor that traversed the subdivision was also constructed (200 LF). Town staff witnessed the testing of the systems and the developer has provided all necessary documentation, including a request to accept the water and sewer mains, and a warranty bond. The road and stormwater will remain privately maintained. The water and sewer mains are within dedicated easements for our access. Financial Impacts: The town will own the water & sewer facilities and be responsible for their operation, maintenance, and repair. Costs to the town should be offset by the monthly water & sewer fees to be charged to the future customers in the development. The value of the improvements is presented as $114,910. Staff Recommendations/Comments: Accept assets. Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Finance Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.J Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Eric Peterson, Town Manager ITEM TO BE CONSIDERED Subject: Resolution appointing town manager as finance officer and designating bank depository signatories Attachment(s): 1. Resolution Brief Summary: North Carolina General Statute 159-24 states that each local government and public authority shall appoint a finance officer. North Carolina General Statute 159-25(b) states all checks or drafts on an official depository shall be signed by the finance officer and countersigned by another official of the local government or public authority. Action Requested: Adopt the attached resolution appointing the town manager as finance officer and designating assistant town manager as secondary signatory on town depositories. ISSUE OVERVIEW Background Information & Issue Summary: This resolution is to officially appoint Eric Peterson as finance officer and designate secondary signatory on official depositories as required by N.C. General Statutes. Financial Impacts: N/A Staff Recommendations/Comments: Adopt resolution as presented. RESOLUTION Appointing Town Manager as Finance Officer and Designating Bank Depository Signatories 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 office are adequately and efficiently covered; and WHEREAS, Town Manager Eric Peterson is qualified to serve in the position of finance officer; and WHEREAS, internal controls are an integral part of the organization and this appointment will improve the segregation of duties; and WHEREAS, having a finance officer will help ensure that all duties of the Hillsborough Financial Services Department are adequately and effectively covered; and WHEREAS, North Carolina General Statute 159-25(b) states all checks or drafts on an official depository shall be signed by the finance officer and countersigned by another official of the local government or public authority; and WHEREAS, Eric Peterson, in his capacity as finance officer, shall sign all checks or drafts on town depositories; and the mayor shall countersign all checks and drafts; and WHEREAS, Assistant Town Manager Margaret Hauth shall serve as secondary signatory to countersign all checks and drafts on town depositories; and NOW, THEREFORE, BE IT RESOLVED, the Hillsborough Board of Commissioners hereby appoints Town Manager Eric Peterson as finance officer. BE IT FURTHER RESOLVED, the Hillsborough Board of Commissioners hereby designates Assistant Town Manager Margaret Hauth as secondary signatory on town depositories. Approved this 10th day of May 2021. Seal Jenn Weaver, Mayor Town of Hillsborough Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Finance Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.K Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Eric Peterson, Town Manager ITEM TO BE CONSIDERED Subject: Proposed contract for preparation of annual financial statements and non-attest services for the Fiscal Year ending June 30, 2021 Attachment(s): 1. Proposed contract with Greg W. Isley, CPA Brief Summary: Local governments are required to either prepare the financial statements themselves or hire an accounting firm to complete this work as the auditor is not allowed to do this work to comply with Government Auditing Standards issued by the United States Government Accountability Office (GAO). Finance staff recommended using a different firm from last year for statement preparation. Fortunately, the Greg Isley, CPA firm, who has a Hillsborough office does finance, accounting, and preparation of annual financial statements for many local governments in North Carolina. They also work with the town’s auditor (Cheery Bekaert) in several of the other communities whose financial statements they prepare, so this assists in the process of developing the statements. The Isley firm matched the prior firm’s price for the previous year, so there will be no cost increase associated with this change. Contracts are also being presented to the Tourism Board and Tourism Development Authority for consideration in having those unit’s statements prepared as well. This work must be initiated and much completed before the auditors can come on site and begin work on the FY21 audit. Action Requested: Approve contract. ISSUE OVERVIEW Background Information & Issue Summary: Please see above summary. Financial Impacts: None. This is part of the annual budget and the cost is the same as last year. Staff Recommendations/Comments: Approval. Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Public Space Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.L Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Stephanie Trueblood, Public Space Manager ITEM TO BE CONSIDERED Subject: Memorandum of Understanding with Triangle Off Road Cycles (TORC) for multi-use trails in Cates Creek Park Attachment(s): 1. DRAFT MOU 2. Cates Creek Park Master Plan Brief Summary: Triangle Off Road Cycles (TORC) has offered to build and maintain, at no cost to the town, multi-use trails in the wooded section of Cates Creek Park. The Parks and Recreation Board voted unanimously to recommend the project for approval by the town board as it aligns with the Cates Creek Park Master Plan recommendations. The MOU sets forth the terms of the project and outlines the responsibilities of TORC and the town. Action Requested: Approve Memorandum of Understanding. ISSUE OVERVIEW Background Information & Issue Summary: The Cates Creek Park Master Plan, adopted August 2018, sets out recommendations for the development of the park. The recommendations include trails in the wooded section of the park, but no funding has been identified for this improvement. In November 2020 Drew Kelly, a teenage resident of Hillsborough, made a proposal to the Parks and Recreation Board to consider multi-use (walking/biking) trails in the park. Drew worked with Public Space and Environmental Services staff to develop a concept plan for a short trail that is environmentally sensitive and safe. The Parks and Recreation Board voted unanimously to support the project. Staff reached out to Triangle Off Roads Cycles (TORC) for consultation. TORC is a 501(c)(3) nonprofit volunteer run organization that supports responsible mountain biking in the Triangle area of North Carolina. They offer group rides, clinics, races, and other events for riders of every skill level. They also partner with land managers and other stakeholders to establish and maintain trails that everyone can enjoy. They have built and maintain miles of biking trails in the region including multi-use trails in Orange County’s Little River Regional Park. TORC became very interested in the project and has volunteered to build and maintain the trails at no cost to the town. TORC has volunteered to work with Drew and town staff to lay out, construct, and maintain a beginner-level biking trail that can be used for walking as well in the wooded section of Cates Creek Park. The terms of the agreement are laid out in the attached Memorandum of Understanding. Financial Impacts: None Staff Recommendations/Comments: NA Memorandum of Understanding between the Town of Hillsborough and The Southern Off-Road Bicycle Association, Inc., (Triangle Off-Road Cyclists Chapter) Regarding Cates Creek Park at 1445 Cates Creek Parkway, Hillsborough, NC 27278. This Memorandum of Understanding (MOU) is made and entered into between the Town of Hillsborough, a North Carolina municipality, hereinafter referred to as the Town, and the Triangle Off-Road Cyclists Chapter of the Southern Off-Road Bicycle Association, Inc., hereinafter referred to as TORC, a non-profit corporation duly authorized and existing under the laws of the State of North Carolina. I. PURPOSE The purpose of this MOU is to establish a framework of cooperation upon which mutually beneficial programs, work projects, and bicycling activities may be planned and accomplished by the Town and TORC working cooperatively at Cates Creek Park in the Town of Hillsborough, NC. Such programs, projects, and activities will complement the Town’s mission and are in the best interest of the public. II. INTRODUCTION The Town is dedicated to the management of the Cates Creek Park Park for a variety of uses, activities, and outdoor recreation opportunities, including walking and bicycling trails that are safe, environmentally responsible, sustainable, educational, and provide residents with healthy outdoor experiences and an improved quality of life. TORC is a non-profit organization which represents the off-road bicycling public in the Triangle, and is a recognized leader in establishing trail bicycling ethics, education, safety, trail construction and design standards, volunteerism, and appropriate land-use management on local and State public lands. The Town and TORC share common interests including the preservation of natural areas and green spaces, providing for safe and environmentally friendly nature-based Recreation Opportunities and Experiences (ROE) for individuals and families, and educating the public regarding responsible recreational land use. TORC has requested the opportunity to construct and maintain multi-use trails on property owned and managed by the Town in Cates Creek Park. A “Multi-use trail” is herein defined as a natural-surface single track path, generally through a wooded area or other naturalized region, open to cross-country mountain bikers, walkers, and hikers. Motorized vehicles are prohibited. In consideration of the above premises, the parties agree as follows: III. THE TOWN SHALL: 1. Make trails available at Cates Creek Park for off-road cycling (also referred to as cross- country mountain biking), subject to applicable laws, regulations, and other recreational management directions including any restrictions and limitations as deemed appropriate by Park management. 2. Consider construction of new trails to fulfill goals of optimum ROE using published trail construction guidelines as established by the International Mountain Bicycling Association (IMBA). Trail plans must be approved in advance of construction by the Town after consultation with a qualified TORC representative. 3. Allow trail maintenance and re-routes, including trail closure when deemed necessary by the Town after consultation with TORC, for purposes of resource management and environmental sustainability. Trail re-routing will be approved by a Town representative prior to any work. 4. Encourage Town staff to participate with TORC members in the development of mutually beneficial work projects and bicycling related recreational and educational activities. 5. Provide literature and social media content to ‘assist, educate, and inform’ cyclists and other trail users. 6. Provide improvements including signage and informational signs necessary to support multi-use trails. IV. TORC SHALL: 1. Provide volunteers to layout, design, and construct any approved multi-use trails and skills area in Cates Creek Park. All trails will be constructed to current IMBA standards and shall be designed to be safe, environmentally sensitive, control erosion and be sustainable over time. Construction may be performed using hand tools or by small walk-behind motorized equipment operated by trained and experienced trail builders. All projects will be supervised by trained and experienced Crew Leaders and by Town personnel. The safety of volunteers will always be of primary importance. 2. Provide volunteers to perform ongoing maintenance of existing and any newly constructed mountain biking trails. Perform a monthly trail inspection with Town representatives. 3. Promote proper trail etiquette and instruction to its members and other trail users to encourage safe and responsible trail usage and to prevent user conflict. 4. Provide technical assistance to the Town on other bicycling related work projects, educational activities, and bicycling opportunities and encourage its members to work with local Town staff to discuss and identify opportunities for cooperative work on mutually beneficial projects and activities. 5. Maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrence / $2,000,000 aggregate ---Bodily Injury Liability, and $100,000 --- Property Damage Liability, or $1,000,000 per occurrence / $2,000,000 aggregate --- Combined Single Limit Bodily Injury and Property Damage 6. To the fullest extent permitted by laws and regulations, TORC shall indemnify and hold harmless the Town and its officials, agents, and employees from and against all claims, damages, losses, and expenses, directly or indirect arising out of or resulting from TORC’s design, construction and/or maintenance of trails, or the actions of TORC or its officials, employees, volunteers and contractors under this MOU or under contracts entered into by TORC in connection with this MOU. This indemnification shall survive the termination of this MOU. 7. Be responsible for initiating, maintaining, and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing work under this MOU. V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: 1. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties of this MOU will be handled in accordance with applicable laws, regulations, and procedures. Such endeavors of the parties and shall be independently authorized by appropriate statutory authority; this MOU does not provide such authority. Specifically, this MOU does not establish authority for noncompetitive award to TORC of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition. 2. The local contact person(s) for the Town is Town of Hillsborough personnel who have sufficient authority to develop agreements of the type envisioned by this MOU. 3. This MOU in no way restricts the Town from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals. 4. Nothing in this memorandum shall obligate the Town to TORC to expend appropriations or to enter in any contract or other obligations. 5. This MOU may be modified or amended upon written consent of both parties or may be terminated with a 180-day written notice of either party. This MOU shall remain in place until such termination. 6. The principle contacts for this agreement are: TORC: Sarwat Khattak David Houskeeper President Trails Chair PO BOX 4990 919-928-3383 Cary, NC 27519 trails@torc-nc.org 315-806-8251 president@torc-nc.org Town of Hillsborough: Stephanie Trueblood Public Space Manager PO BOX 429 Hillsborough, NC 27278 919-296-9481 Stephanie.trueblood@hillsboroughnc.gov 7. The parties agree that TORC is an independent contractor and shall not represent itself as an agent or employee of the Town of Hillsborough for any purpose in the performance of its duties hereunder. Accordingly, TORC shall be responsible for payment of all federal, state and local taxes as well as business license fees arising out of TORC’s activities in accordance with this MOU. As an independent contractor, TORC shall perform the work required hereunder in a professional manner and in accordance with the standards of applicable professional organizations. 8. The trails shall be built within a reasonable time period and their construction shall not unreasonably interfere with the operation or recreational uses of the Cates Creek Park. The Town of Hillsborough shall notify TORC in the event trail construction is unreasonably disruptive or interfering with the normal operations of the Park and in such event, TORC shall remedy the situation as soon as possible, to the satisfaction of then Town. 9. Nothing in this MOU is intended to limit the Town’s authority over Park operations and shall have the right at anytime to stop the work being provided hereunder for any reason. 10. The Town of Hillsborough shall not be liable to TORC for any expenses paid or incurred by TORC, unless otherwise agreed in writing. 11. TORC shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide work hereunder, unless otherwise agreed in writing. IN WITNESS WEREOF, the parties hereto have executed this MOU as of the last written date below. The Town of Hillsborough: ____________________________ Eric Peterson, Town Manager, Town of Hillsborough Date:________________________ TORC: ____________________________ Sarwat Khattak, President, Triangle Off-Road Cyclists Date:________________________ Cates Creek Park Master Plan Adopted August 2018 Background Cates Creek Park is a 17 acre community park located at 1445 Cates Creek Parkway in Hillsborough. Park amenities include restroom facilities, playground, multi-use field with soccer goals, and picnic tables. The park was built as part of the Waterstone development. Waterstone is a mixed-use development covering 337 acres in Hillsborough. Water- stone includes single-family neighborhoods, townhomes, apartments, a preschool, a community college and a hospital. Additional parcels are available in Waterstone for retail and office uses. The development was approved by the town in 2004. As one of the conditions on the approval the town required the developer to build a community park that would be dedicated to the town upon completion. Original plans for the park included two phases of development. The first phase was for active recreation and designed to meet the conditions of development approval. It included the multi- use field, restroom, parking area, and playground. Phase 2 included a pavilion, and additional trails and picnic areas in the wooded area of the park. The original park development plans are shown on the following pages. Development of the Park Cates Creek Park was dedicated to the town and opened to the public for use in spring 2016. Almost immediately the town began making improvements. Trees were added around the perimeter of the playground and the parking lot is- lands. Several sections of failing concrete were removed from the play area and the play surfacing was replaced with engineered wood fiber. Hillsborough Tree Board and Public Space Division worked in partnership with the Stormwater and Environmental Services Division to replace a 100-foot length of stone-lined stormwater swale that was adjacent to the playground with a linear pollinator garden. Perforated pipe was laid in the swale and surrounded by gravel. Sand and topsoil were mixed together to create engineered soil which was laid above the pipe. The area was planted with native pollinator-friendly plants. Additionally, the parking lot drainage was improved. Stormwater runoff had been eroding the bank at the rear of the parking lot, bypassing the stormwater control measure and emptying directly into a stream that runs to Cates Creek. A catch basin was added and piped to the stormwater control measure behind the restroom. Curbing was added at the back of the parking lot to prevent water runoff and erosion on the bank. Existing Conditions Cates Creek Park is owned and maintained by the Town of Hillsborough. It is primarily used by neighborhood children and families. The Little School, a local day care and pre-school in Waterstone, also uses the park regularly. The Parks and Recreation Board hosted a public meeting to discuss the conditions of the park and develop recommendations for the Master Plan. Board members offered the following comments about the existing condition and facilities at the park • The wooded area of the park is underutilized. • Neighbors use the multi-use field for exercising their dogs. • The picnic area is small. • Erosion is occurring on the hills beside the entrance to the park. • The entrance is stark and unwelcoming. • There is no space for children to ride bicycles or scooters. • There are no trails or walking paths. • There are no bicycle racks. • There is no recycling container. • The pollinator garden is a major attraction and improvement from the original rip-rap stormwater swale. • There are bare spots on the field in front of the soccer goals. • The field is not programmed and seems to be a lot of space that is underutilized. • Cates Creek is located in the back of the park but has no access. • Informal trails have been made in the wooded area. Original plans for the park and pictures of existing conditions are shown on the following pages. Entrance to Cates Creek Park Eroding slope at entrance to Cates Creek Park Multi-use field Eroding slope beside multi-use field Underutilized area southeast of multi-use field Compacted ground in front of soccer goals Photographs of existing conditions at Cates Creek Park Playground, pollinator garden and restroom Stormwater retrofit linear pollinator garden Playground Picnic tables at restroom building Stormwater Control Measure Stormwater Control Measure Informal entrance to wooded area of park Informal trails Creek in wooded area of park Informal trails Cates Creek and wetland Wooded area Master Plan Priorities In 2018, the Parks and Recreation Board and Hillsborough Tree Board, in coordination with the town public space and stormwater divisions, developed a list of recommended improvements for Cates Creek Park. The Parks and Rec- reation Board held three public meetings to solicit public input. Several residents and neighbors shared ideas for the park at the meetings and with staff via email. The Parks and Recreation Board reviewed comments submitted and made the following recommendations which are intended to guide future spending decisions. Recommendations • Maintain the existing playground equipment and park amenities in safe and working order • Utilize universal design principles for all new park features • Add landscaping to the entrance of the park (ex: Magnolia Stellata, Crape Myrtles) • Add trees and landscaping around the play area (ex: Magnolia, Itea, Fothergilla, Oakleaf Hydrangea) • Cease mowing operations on the slopes at the entrance of the park and plant native grasses or groundcovers • Cease mowing operations on the slope beside the soccer field and plant native grasses or groundcovers • Protect Cates Creek and the wetland areas • Create a safe access to view the wetland area • Add a trail system in the wooded area of the park. The main trail should have firm and stable surfacing. • Add benches along the trail system • Remove stone in stormwater swale and plant a pollinator-friendly rain garden • Expand pollinator habitat through gardens and native bee hotels • Provide additional picnic tables in appropriate locations • Add recycling containers • Add interpretive signs with topics such as pollinator gardens, wetland conservation, wildlife and habitat protec- tion • Add a paved pedestrian entrance from Cates Creek Parkway, east of the roundabout • Add a paved trail around the multi-use field • Add a community dog park (with shade and two fenced-in areas) • Consider adding a large picnic pavilion or several picnic areas throughout park • Consider adding exercise equipment along the future trail system • Consider adding natural play features in appropriate locations • Consider opportunities for educational partnerships • Consider adding public art to the park If at some point in the future the town determines that the size of the field can be reduced, the following facilities should be considered for the field area: • Short disc golf practice baskets • Volleyball court (sand) • Basketball court • Community garden Priorities The Parks and Recreation Board reviewed the recommended improvements and set the following priorities: • Add recycling containers • Stabilize eroding soil on slopes by ceasing mowing operations and planting native grasses and groundcovers • Add a community dog park • Add a paved pedestrian entrance from Cates Creek Parkway to the dog park • Add large picnic shelter • Add a trail system in the wooded area of the park The following page includes a rendering showing that recommended location for improvements. The rendering is meant as a guide for planning purposes. Exact locations and alignments for any future improvements will be studied at that time. It is advised that this plan is updated every three to five years. Paved Path System Around Field Dog Park Picnic Areas Paved Entrance Trail System Landscape Entrance Future Trail Connection PAPYRUS Cates Creek Park Master Plan Rendering ¹ Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Police Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.M Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Police Chief Duane Hampton ITEM TO BE CONSIDERED Subject: Proclamation in support of Police Week and Peace Officers Memorial Day Attachment(s): 1. Proclamation Brief Summary: See below. Action Requested: Approve proclamation in support of Police Week and Peace Officers Memorial Day. ISSUE OVERVIEW Background Information & Issue Summary: Since 1786, more than 22,000 law enforcement officers have lost their lives while performing their duties, including 594 in North Carolina. The 87th Congress passed Public Law 87-726, a joint resolution authorizing the president to proclaim May 15 of each year as Peace Officers Memorial Day, and the calendar week during which May 15 occurs as Police Week; and this was signed into law by President John F. Kennedy on Oct. 1, 1962. Financial Impacts: None Staff Recommendations/Comments: Approve Proclamation. PROCLAMATION Police Week and Peace Officers Memorial Day May 9-15, 2021 WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Hillsborough Police Department; and WHEREAS, on April 29, 1786, Sheriff Benjamin Brach of Chesterfield County, Virginia, became the first law enforcement officer to die in the line of duty in the United States; and since then, more than 22,000 law enforcement officers in the United States have paid the ultimate price during the performance of their duties, including 594 in North Carolina; and WHEREAS, over 50,000 assaults against law enforcement officers are reported each year, resulting in approximately 17,000 injuries; and WHEREAS, the 87th Congress passed Public Law 87-726, a joint resolution authorizing the president to proclaim May 15 of each year as Peace Officers Memorial Day and the calendar week during which May 15 occurs as Police Week; and this was signed into law by President John F. Kennedy on Oct. 1, 1962; and WHEREAS, the members of the Hillsborough Police Department play an essential role in safeguarding the rights and freedoms of our residents, protecting the innocent against deception and the weak against oppression, and unceasingly providing a vital public service without which our town would not enjoy the peace and liberty that we so dearly value; and WHEREAS, despite the challenges presented by the COVID-19 pandemic, police officers continue to serve our community, risking their health and their lives every day; and WHEREAS, it is important that all community members know and understand the duties and responsibilities of our law enforcement officers and acknowledge the hazards and sacrifices that are a fundamental aspect of their profession; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, North Carolina, do hereby proclaim the week of May 9-15, 2021, as Police Week and call upon all organizations and residents to commemorate law enforcement officers, past and present, who have rendered dedicated service to their communities; and FURTHER, I do hereby proclaim Saturday, May 15, 2021, as Peace Officers Memorial Day and call upon all residents of Hillsborough to honor those law enforcement officers who made the ultimate sacrifice in service to their community or who became disabled in the performance of their duty. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 10th day of May in the year 2021. Jenn Weaver, Mayor Town of Hillsborough Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.N Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Resolution authorizing contract with Orange County for Community Development Block Grant-Coronavirus Grant administration Attachment(s): 1. Draft Resolution Brief Summary: As envisioned with the town’s application for CDBG-CV funding, a contract with Orange County is needed to meet program requirements. This resolution authorizes the manager to enter into this contract. This is a no-cost direct contract. The county will be able to use ten percent of the grant award for their administrative costs. Action Requested: Adopt the attached resolution ISSUE OVERVIEW Background Information & Issue Summary: Financial Impacts: Staff Recommendations/Comments: RESOLUTION Authorizing a Contract with Orange County to Administer the Town’s Community Development Block Grant – Coronavirus Grant Funding WHEREAS, the town of Hillsborough provided a portion of its CARES funds to Orange County to support the Emergency Housing Assistance program streamlined during the pandemic; and WHEREAS, the Town applied for and was awarded $600,000 of Community Development Block Grant – Coronavirus Grant Funding; and WHEREAS, Community Development Block Grant – Coronavirus program requires the grantee to have an experienced administrator; and WHEREAS, Orange County’s Emergency Housing Assistance program is a streamlined, coordinated, one-stop portal for those experiencing housing instability and therefore the most efficient delivery network for significant funding; and WHEREAS, Orange County has an experienced administrator on staff and is willing to administer the town’s grant award consistent with the program requirements to maintain the streamlined, coordinated benefit to the community at no additional cost to the town; NOW, THEREFORE, BE IT RESOLVED, the Hillsborough Board of Commissioners authorizes the town manager to execute a contract with Orange County for administration of the town’s Community Development Block Grant – Coronavirus Grant Funding for Emergency Housing Assistance, consistent with program guidelines and requirements. Approved this 10th day of May 2021. Seal Jenn Weaver, Mayor Town of Hillsborough Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.O Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Resolution authorizing land exchange with Orange Rural Fire Department Attachment(s): 1. Email to town board members from July 23, 2020 2. Draft Resolution Brief Summary: The town manager emailed the town board in July 2020 regarding an opportunity to continue to partner with Orange Rural Fire Department to provide quality fire protection services to town residents. The department is nearing construction of the planned Waterstone station. A land exchange with the department is mutually beneficial. It allows the department to become the owner of the College Park Road property and the town to acquire the parking area around the downtown station. The exchange does involve a payment form the town to the department of $210,000 make the values equal. Action Requested: Adopt the attached resolution. ISSUE OVERVIEW Background Information & Issue Summary: Financial Impacts: Staff Recommendations/Comments: 1 Margaret Hauth From:Eric Peterson Sent:Thursday, July 23, 2020 9:24 AM To:Evelyn Lloyd; Jenn Weaver; Kathleen Ferguson; Mark Bell; Matt Hughes; Robb English Cc:Margaret Hauth; hornik@broughlawfirm.com; Emily Bradford; Jen Della Valle; Daphna Schwartz Subject:Waterstone Fire Station Update & Good Opportunity Mayor & Board,    Margaret has been the staff lead on working with ORFD and OC EMS on the joint fire/EMS station in Waterstone and  provided me an updated yesterday that I wanted to share. BTW, it sounds like Margaret has been a major asset to the  group working on the station having heard from several people on that committee. Her suggestions have saved them a  lot of money, especially her idea about moving the building to minimize the retaining wall costs. The exterior renderings  of the building look nice, it will be a good addition to town and the Waterstone. We will share the drawings with the  board, for information only, once they have been shared with the ORFD board. A special use permit will be needed for  this project, so the town will have an opportunity for detailed review in the fall.    The floor plan is very efficient and was developed in close communication with both the fire fighters and EMS staff. A  designated space for the HPD was removed during these discussions. This was run by Chief Hampton first and he is fine  with it. HPD staff would not have had much use for just one office, as it was going to serve as more of an occasional “pit  stop” as permanently locating someone there was unlikely. More importantly, Chief Cabe has made it clear that HPD  staff will be welcomed and encouraged to use the station whenever needed, as well as use their shared office space.  This is the best of both worlds, cost savings plus HPD still has space if they need to do reports, rest, and/or touch based  with ORFD or EMS staff.     Orange County is paying for a significant portion of the project, but ORFD will need to borrow funds, which brings me to  a key point where the town needs to help. The most typical collateral for loans is the land *and* the building that’s  sitting on it. Since ORFD is securing the financing for the building, having the town own the land is problematic from a  lending standpoint. We’ve dealt with this on a variety of town projects.     Chief Cabe and I anticipated this could be an issue several years ago when we came up with the concept of ORFD  building, financing, and maintaining the southern/Waterstone station and the town doing the same when the  downtown station relocates to the N. Churton Street old furniture store property. The recommended solution is  swapping ownership of the Waterstone and downtown fire station lots. Whichever entity receives the more expensive  lot pays the difference in value. Here are the highlights:     Town transfers ownership of the Waterstone lot to ORFD. This allows them to meet the lending and collateral  requirements to secure the loan for the station.     ORFD transfers ownership of the downtown station parking lot to the town. For those unfamiliar with the  downtown fire station ownership, it’s unusual. Here’s the quick summary…when ORFD and the town created  the current partnership a long time ago the fire station building and the footprint it sits on was deeded to the  town. ORFD got ownership of the parking lot area to the south. As I was told by multiple ORFD officers and staff  over the years, the rationale was this would force ORFD and the town to work together since one wasn’t any  good without the other.  One party just couldn’t walk away from the other unless mutual consent was reached.     Difference in lot values. ORFD paid for an appraisal on both lots within the year. The appraiser was one of  several recommended by Margaret, IIRC.   o Waterstone lot = $200,000.   2 o Downtown lot = $410,000.   o Difference = $210,000 (Town needs to pay ORFD this amount)     Benefits to the town.   o Having ORFD take the lead on the Waterstone station should give the town more time/flexibility in  when we relocate the downtown station by reducing some of the time urgency due to the limits/age of  the downtown facility.   o Having complete ownership of all the downtown station property and buildings greatly simplifies the  process when the time comes to either sell, participate in a public‐private partnership, or economic  development related project on that site. Regardless, the town will have significant influence or final  determination on how that property gets developed once a new station is built on N. Churton.   o The addition of the land increases the total asset value of the downtown station that will eventually be  used to pay for a portion of the new station. While this is not the best time to be spending money, I see  the $210,000 to acquire the property as an investment since we will be acquiring an appreciating asset  as opposed to most capital purchases that start depreciating from Day 1.   o Supporting ORFD. ORFD board and staff have always been extremely supportive of the town and  flexible over the years. It is rare for a fire department and town to have a positive relationship, but that  is the case here. A quick note of thanks to Commissioner Lloyd for all her efforts over the years to help  make this happen. ORFD is taking on a lot to add this station in terms of cost, time, and energy, so this  is a good opportunity to help them add what will likely be a 50+ year asset to town and in our fastest  growing area.    Margaret mentioned yesterday that Chief Cabe is still working on details and he will likely be getting up with me soon to  take the next steps in the Waterstone Station process. They are hoping to have design work completed by the end of the  year, thus allowing the project to go out to bid. Therefore, we likely need to finalize whatever arrangement is ultimately  made this fall to not hold up ORFD on securing financing for the project.     Margaret can chime in and correct any misstatements I may have made. Feel free to let us know if you have any  questions. We’ll keep you updated and share any new information as we hear from Chief Cabe.       Thanks!      Sincerely, Eric Eric Peterson    Eric Peterson Town Manager Town of Hillsborough P O Box 429 101 E. Orange Street Hillsborough, NC 27278  919-296-9421 RESOLUTION Authorizing a Land Exchange with Orange Rural Fire Department to Facilitate the Construction of the Waterstone Fire Station WHEREAS, the Town of Hillsborough and Orange Rural Fire Department have a long-standing contract for the Department to provide fire protection services within the town limits of Hillsborough; and WHEREAS, the Town owns the parcel containing the fire station on South Churton Street and the Department owns the parcel containing the surrounding parking area; and WHEREAS, the Town owns a two-acre tract on College Park Road, provided by the developer of Waterstone, intended to contain a fire station to protect the southern portion of Hillsborough; and WHEREAS, Orange Rural Fire Department is finalizing design of and is ready to proceed with construction of a station on the College Park Road site; and WHEREAS, to facilitate the construction of the new station, Orange Rural Fire Department desires to own the College Park Road property; and WHEREAS, to facilitate the future redevelopment of the downtown station, the town desires to own the parking area surrounding the South Churton station; WHEREAS, professional land appraisals indicate that the parcels are not of equal value and the town would need to compensate Orange Rural Fire Department $210,000 to make the exchanges of equal value; NOW, THEREFORE, BE IT RESOLVED, the Hillsborough Board of Commissioners authorizes the town manager to execute the documents and payments necessary to implement the land exchange. The Town Board further reinforces its commitment to the contract for fire protection service with the Orange Rural Fire Department and expects the continued used of the South Churton Street station by the Department as long as the contract remains in place. Approved this 10th day of May 2021. Seal Jenn Weaver, Mayor Town of Hillsborough Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Planning 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: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Request for light shield at 305 W. Queen St. Attachment(s): 1. Map Brief Summary: During the discussion of street lighting on April 12, the residents of 310 W. Queen St. (Spoon and Bakale-Wise) requested a shield on the streetlight in front of 305 W. Queen Street. This would be a street-side shield. This request was not specifically discussed by the board in April. Action Requested: Direction on the shield request and timing ISSUE OVERVIEW Background Information & Issue Summary: The outcome from the board’s discussion on April 12 was that Duke Energy would be replacing all the recently updated LED streetlights with 3000 kelvin fixtures at no cost to the town and this fixture was confirmed as the town’s default streetlight fixture. After the replacements are installed, staff will bring a policy proposal to the board regarding handling requests for shields by the public. Staff intends the policy to allow staff to address the majority of requests, while leaving the option for any resident to request consideration by the board. Staff expects the policy to also indicate whether requesting residents financially participate in the shield fee. The residents of 310 W. Queen St. requested a shield to be installed on the current streetlight (prior to replacement with a 3000k fixture). After the meeting, Duke Energy suggested the town consider a different fixture as its default to better address glare pole side and street side of the fixtures. Duke has offered to install a handful of the now-recommended fixtures (type 2, 50-watt, 3000 kelvin) in a pilot area to allow the town to assess the acceptability of the fixture prior to Duke replacing more than 200 fixtures across town. Given the location of complaints the town has received, staff is suggesting a section of West Queen and North Hassell for the pilot or test area. These fixtures are now on order and will be installed as Duke resources allow. This Type 2 fixture casts a narrower oval of light and minimizes glare concerns. Since many residential neighborhoods in Hillsborough do not have sidewalks, this may be a better fixture for Hillsborough. Duke uses the Type 3 fixture as the default as many other communities also wish to provide adequate lighting on sidewalk adjacent to their street network. The residents of 310 W. Queen St. are aware of the pending pilot/test of the Type 2 fixture. They have amended their request to wait for a shield until after the Type 2 fixture is installed, to see if it is still needed. If the board would be comfortable authorizing staff to process that request, it would provide the shortest turnaround time for the residents’ request. The board has many options to address this request for a shield: • Authorize a shield on the existing fixture. • Authorize a shield on the Type 2 fixture at the time of installation. • Authorize a shield if the residents still request one following the fixture change out. • Defer the request until a shield policy is developed. Shield are unique to each fixture type and are not interchangeable or reusable except on the same type and Kelvin fixture. Financial Impacts: Staff Recommendations/Comments: Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Planning 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: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Request for public hearing to close Cole Avenue – unopened right of way on south side of West Margaret Lane Attachment(s): 1. Request 2. Map Brief Summary: Staff have received a request to close an unopened right of way on the south side of West Margaret Lane between Wake and Hassell Streets. Action Requested: Discuss scheduling a public hearing on this request. ISSUE OVERVIEW Background Information & Issue Summary: Cole Avenue (16’ wide) was not shown as a right of way on old paper maps. However, as the county continues to improve its mapping and record checking, no closure record was discovered, and this has now been mapped as a potential right of way. No closure record or additional information was found in town planning records. There are no known public utilities in or immediately adjacent to the right of way. Financial Impacts: Staff Recommendations/Comments: The hearing ad must run for 4 weeks. The hearing could be conducted at the June 14 meeting at any other later date at the board’s direction. 1 Margaret Hauth From:Mark Rhoades <Mark.Rhoades@RaymondJames.com> Sent:Tuesday, April 27, 2021 4:44 PM To:Margaret Hauth Cc:Gina C. Rhoades (ginarhoades1@gmail.com) Subject:209 west margaret lane Margaret,    It was nice speaking with you earlier today    Please let me know what you learn about the road between my house at 209 margaret and the lot next door.  I do want to proceed with closure of the road if it hasn’t already been done    Also, any pertinent information you have on the current lots, width of road, etc, would be very helpful.  Stephanie and  Chris believe their lot goes all the way to the large pecan tree.  I find that hard to believe because there is not enough  space between the tree and my house for a road.  It would be helpful to gain clarity on the current boundaries and width of town road.    Thank you!      Mark Rhoades CFP®, CRPS®  Managing Partner, Phoenix Wealth Advisors, Branch Manager, RJFS    Direct 919‐794‐8330 | Office 919‐929‐4448 x3 | Fax 919‐968‐1955  KellyWard ext. 5 or 919‐797‐9761| George Livanos ext. 2  Mark.Rhoades@RaymondJames.com  www.pfinx.com  100 Europa Drive, Suite 390, Chapel Hill, NC 27517    Raymond James Financial Services is proud to announce that Mark Rhoades of Phoenix Wealth Advisors was named on the  2020 & 2021 Forbes Best‐in‐State Wealth Advisor list!  Check out the Forbes Best‐in‐State list here      Phoenix Wealth Advisors, Inc. is not a broker/dealer and is independent of Raymond James Financial Services, Inc. Investment advisory services are offered through  Phoenix Wealth Advisors, Inc.   The Financial Times (FT) 300 Top Registered Investment Advisers 2019 had about 40.5% of the 740 applicants being recognized as a top RIA.  The FT used the  database of RIAs who are registered with the U.S. Securities and Exchange Commission (SEC), and selected those practices reporting to the SEC that had $300 million  or more in assets under management, and no more than 75% of the AUM with institutional clients.  Additionally, the firm must be independent (not the RIA arm of a  Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Stormwater 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: Terry Hackett, Stormwater & Environmental Services Manager ITEM TO BE CONSIDERED Subject: Stormwater request – 206 and 218 E. Queen St. Attachment(s): 1. Eric Hallman Document 2. Request – 201 E. Tryon St. 3. 202-206 E. Queen St. Stormwater Background 4. 202-206 E. Queen St. Stream Map 5. 202-206 E. Queen St. Drainage Map 6. East Queen Street Plat Brief Summary: The town received a request from Eric Hallman regarding two undeveloped lots, 202 and 206 E. Queen St. According to Mr. Hallman’s email, stormwater runoff is severely impacting the development of the currently vacant lots. Action Requested: Receive Mr. Hallman’s comments during the meeting and direct staff. ISSUE OVERVIEW Background Information & Issue Summary: The lots contain ephemeral (stormwater) channels that presumably were part of natural drainage system. Two cross- pipes, located under East Queen Street were installed many years ago to allow stormwater runoff to flow under the street within these ephemeral channels. A more detailed document discussing the background and the issues is attached. Financial Impacts: There is no financial impact associated with hearing Mr. Hallman’s comments and discussing the issue; depending on recommendations from the Board of Commissioners, there may be financial impacts to resolve the issue. Staff Recommendations/Comments: Discuss the issues associated with Mr. Hallman’s request concerning drainage issues and private property. May 3, 2021 Re: Request correction of storm water damage to private property – 206 and 218 E Queen St. Dear Board of Commissioners, Town Manager, and Staff; We are requesting that the town address a long-standing issue with storm water management which is severely impacting our property on the corner of N. Cameron and E. Queen St. This corner is the lowest point for the area north and east of N Cameron St. Stormwater draining from this area is gathered from the town right of way along the east side of North Cameron and along the north side of E Queen St and directed to a culvert that empties directly into lots 206 and 218 E Queen St. This storm water has caused significant erosion and has reduced the value of these lots – they are unbuildable because of this stormwater impact. The attachments illustrate the extent of the problem and the ongoing negative impacts: • Attachment A is a map of the area showing the watershed and the diversion of this stormwater directly onto and through these lots. • Attachment B contains photographs of the stormwater flow after a mild thunderstorm. Please note the significant sediment that will empty into the Eno River. Also, as the water crosses the property and returns to the town right-of-way, erosion is beginning to undermine the roadbed along N. Cameron. • Attachment C is a spreadsheet that illustrates the loss of potential tax revenue. The lots currently have a reduced property tax value due to this stormwater impact. This chart compares the current reduced tax revenues against the potential tax revenues if these were buildable lots. This stormwater damage is costing nearly $23,000 dollars in potential tax revenues per year. In 2018 we discussed this issue with the Town Manager, the Stormwater and Environmental Services Manager, and the Utilities Director. My recollection was that everyone agreed that this was an issue the Town needed to address but there was little money in the Storm Water Fund at that time. We have been patiently waiting for three years and respectfully request that the Town address this issue in this budget cycle. Thank you, Eric Hallman and Elizabeth Woodman Owners of 206 and 218 E. Queen St. PICTURES OF STORM WATER DAMAGE TO E QUEEN AND CAMERON STREETS 5/3/21 Storm water collected from the blocks north of E Queen Street is diverted through a culvert under E. Queen St, out of the town right-of-way, and into the middle of private property on the corner of E Queen and N Cameron. This storm water has eroded multiple ditches through the middle of these lots and carries significant sediment downstream. As the water returns to the town right-of-way it is beginning to undermine the roadbed of N Cameron Street before heading south causing additional erosion and property damage during heavy rains. E NE S S N C a m e ro n TAX REVENUE DIFFERENTIAL 206 218 E Queen 5/3/21 Tax Assessment Hillsborough Orange County Total Tax Revenue Tax Rate 0.620$ 0.868$ 206 E Queen lot 90,000$ 558$ 781$ 1,339$ 218 E Queen lot 90,000$ 558$ 781$ 1,339$ 206 E Queen lot with house *850,000$ 5,270$ 7,377$ 12,647$ 218 E Queen lot with house *850,000$ 5,270$ 7,377$ 12,647$ Tax Value Added 9,424$ 13,192$ 22,616$ * average new home price Hillsborough Taxes Generated 5th May 2021 Re: Request correction of storm water flooding — 201 E. Tryon St. Dear Board of Commissioners, Town Manager, and Staff: We are requesting the Town address long-standing stormwater issues that occur in and around an open drainage culvert located to the north of our driveway on N. Cameron St. This is the repository for all of the water coming down the Cameron St. watershed, first emptying into ditches running through the vacant lots located at 206 and 218 E. Queen, and continuing down a ditch on the east side of Cameron St. (where significant erosion is occurring to the extent that the roadbed is now at risk for being undermined) before arriving at our culvert. Two undersized concrete pipes drain water from the culvert under Cameron St. where it then empties into a closed concrete culvert located on the commercial property located at 129 E Tryon St. (i.e., Coleman Law Firm). From there, water is released into an open ditch on the law firm’s property. With even moderate amounts of rainfall, the amount of water that accumulates in the culvert beside our driveway is substantial and it often fills to the top spewing clay silt and organic debris onto the driveway/street and causing erosion issues. Likewise, across Cameron St., stormwater regularly overflows the ditch and floods the lawn and parking lot of the law firm. After a rainfall, the culvert beside our driveway is often filled with debris that blocks the concrete pipes running under the road and we have to regularly remove this unsightly mess. An additional issue that needs to be considered is the amount of sediment and debris being regularly emptied into the Eno River from this untreated stormwater and the impact this is having on the quality of the river’s water. We respectfully request the town address and resolve these issues. Thank you, Stephen Gardner and Jill Heilman 201 E. Tryon St. 1 Stormwater Runoff and Drainage – 202 & 206 E. Queen Street Background These lots were created in 1999. Originally, there was a stream mapped and two other ephemeral drainages located on the parcels. A stream determination was conducted in 2004 for the subject property and it was determined that the mapped feature was not a stream, but ephemeral and therefore not subject to riparian buffer rules. In 2014, Mr. Hallman contacted the town stormwater staff regarding the parcels and staff confirmed that the drainage features on these parcels were ephemeral and not subject to riparian buffer requirements. A stream determination map is attached to this summary, as well as a plat showing the “drains.” At that time Mr. Hallman also asked if the town would allow diverting the stormwater runoff from the ephemeral channels along the west side of the property. Town staff indicated that this would be allowable provided that Mr. Hallman coordinate with the Public Works Department to obtain permission to connect to the town’s stormwater infrastructure system. Town staff also suggested that improvements be designed by a professional engineer. Mr. Hallman hired a local engineering firm, Civil Consultants, to analyze and design a solution. Stormwater staff does not have a copy of that analysis/design but recalls that the cost to complete was estimated at $80,000. The attached “Drainage Mapping – 202 &206 East Queen Street” shows existing stormwater infrastructure in the area. At the time there was some discussion whether or not the town could help fund these improvements. At that time the town’s stormwater utility did not exist and with no potential funding source, no further discussions occurred at that time. Since the inception of the town’s stormwater utility, there has been some very casual conversations between Mr. Hallman and town stormwater staff, indicating their desire to look into the town paying for these improvements. Responsibility In general, drainage issues on private property are the responsibility of the property owner. In accordance with North Carolina common law, a downhill property owner must receive water coming from a property uphill. This includes the right to accelerate and increase the nature flow, provided flow of runoff is not diverted and flows where it was naturally flowing. This is important to note because throughout the Historic District the only stormwater infrastructure associated with town-owned streets are culverts and cross-pipes placed where streams or natural ephemeral drainages originally occurred. Simply placing a pipe in the “low” area does not constitute directing or “dumping” runoff on to a property. Rather it is simply allowing it to flow where it “always” has flowed. This is very different than design and installation of a stormwater collection system that discharges to a specific point. This situation is complicated however because over time, various stormwater infrastructure such as ditches, pipes and catch basin have been added through the area in a “piece meal” fashion to address issues as they have arisen. Some of the improvements were installed by the town while others by the property owners. In recent practice, Public Works has coordinated with private property owners to complete drainage projects that impact both public and private property. In those instances, the town 2 fixed or replaced infrastructure within the street right-of-way while the property owner took responsibility for improvements on their property. In fact, the town does have a draft cost-share program for drainage issues on private property but has not put it into practice since most issues cannot meet the town’s proposed requirements. Basically, a cost share project must meet one or more of the following: • Impact or threaten an existing inhabited or occupied building; • Create a health and safety issues (examples include but are not limited to public street flooding, impacts to public pedestrian walkways, severe mosquito infestations); • Adversely impacts water quality of the receiving stream (examples include but are not limited to severe erosion/sedimentation, create illegal discharges). Since these are undeveloped properties, are not causing public nuisance impacts, and are not contributing to any apparent downstream water quality issues, they would not qualify if this program was fully functional. Issue/Question Stormwater staff believes the basic question to be answered is whether the town can utilize funds for what could be construed as private development? Depending on that determination it could be illegal to utilize stormwater utility funds to complete this work. Similar issues have been brought to the attention of Public Works/Stormwater staff and have been discussed the town’s attorney. The metric provided basically asks if the proposed work has a defined public purpose and public benefit. If so, the town may be able to justify utilizing town resources to complete the action. For instance, if it can clearly be shown that the current configuration is adversely impacting the structural integrity of Cameron Street, or if there was a clear evidence that the situation was contributing to the degradation of water quality in the receiving stream, a connection to public purpose and benefit could be argued. !!!!!!!!!!!!!!!!!!!!!!!!! !!!( !( !( !( !( !( !(!(!(!( QUEEN TRY O NCAMERON MITCHELLST MARYSLegend Storm Point Owner !(Private !(Town Storm Line Owner Private Town SwalesDitches <all other values> Owner !Town ±1 inch = 1 00 fee t 0 25 50 75 10012.5 Feet Drainage Mapping - 202 & 206 East Queen Street Ê150015075Feet 1 in = 1 50 ft Legend Streams Deleted Streams Parcel Town of HillsboroughSurface Water Identification Data shown on this map is obtained from Town of H illsborough and Orange County GIS and is for reference only. Exact locations and boundaries should be field verified. Map prepared by Town of Hillsborough Stormwater & Environmental Services PINs 98741 75477 , 9874 1764 87 202 & 20 6 E. Q uee ns Street Hillsb orough, NC 27278 Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Administration - Budget 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: Eric Peterson, Town Manager ITEM TO BE CONSIDERED Subject: Fiscal Year 2022 Budget Update Attachment(s): None Brief Summary: The town manager will provide a brief update on the development of the FY22 budget. The tentative timeline for the budget presentation is below. Timeline Monday, May 24: Budget Presentation • Town Manager delivers budget presentation to Town Board • Manager’s recommended budget submitted to Town Board Monday, June 7: Budget Workshop Monday, June 14: Public Hearing/2nd Budget Workshop (if needed) Monday, June 28: Possible Budget Adoption • Budget Ordinance Action Requested: Receive town manager’s budget update and approve updated budget development timeline. ISSUE OVERVIEW Background Information & Issue Summary: N/A Financial Impacts: N/A Staff Recommendations/Comments: N/A Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: Police 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: Police Chief Duane Hampton ITEM TO BE CONSIDERED Subject: Budget amendment request to purchase police training simulator Attachment(s): 1. Budget justification form 2. SurviVR quote Brief Summary: As part of the FY22 budget process the Police Department was requesting the purchase of a training simulator system for use-of-force, decision making and de-escalation. We have identified a significant opportunity to move forward on this system now. The Department did a testing demo on the system a few weeks ago and was very impressed with the system and the benefits it could bring to our overall training and response. Action Requested: Approve request to purchase system. ISSUE OVERVIEW Background Information & Issue Summary: The system we are looking to purchase is made by SurviVR and is a virtual reality system. It can be used in any open space, so we do not have to dedicate any specific space for it, and it is portable. Two officers can participate in the environment together and the scenarios are completely customizable and can be escalated or deescalated based on how the officers respond/react. The system allows us to put officers into scenarios that we can escalate or de-escalate into a critical incident or use of force based on how the officer reacts. By running officers through similar scenarios in succession, we can allow them to experience how their actions and responses can have different outcomes. Scenarios include response to an emotionally disturbed person, burglary, traffic stop, loitering, active shooter, suicidal individual and many more. The system can also be used as a firearms trainer for traditional range style training, used as part of our annual firearms qualification, and can be used to train on weapons discrimination - thus to help avoid a tragic situation like happened in Brooklyn Center.. At this time, Carrboro, Chapel Hill and the Sheriff’s Office all have some kind of system. Their systems are generally older firearms simulator style systems and do not offer the flexibility and capabilities that this system offers in terms of being interactive and able to escalate and de-escalate scenarios as the officer is going through them. Having a system like this will allow us to do regular training in a way we have never been able to do and be able to do it on our schedule and based on scenarios we have experienced. We are already developing a plan to have all of our officers train with this system on a monthly basis as well as additional focused training throughout the year based on identified needs and gaps. The system can also be added to in the future to incorporate locations we have here - such as our local schools, businesses or outdoor locations. Another opportunity that may arise from having this system is the ability to allow citizens and media to experience the training and see what a use of force situation is like and how it evolves. Several agencies have done this and it has been well received. Reasons we want to move now: 1. The system we are looking at would typically cost $82,000, but they are offering to discount it to $68,250 for us due to their desire to break into the market with smaller agencies. We would be the first ones in North Carolina to have the 2-person system with all the most current features and updates. If another agency signs on before us, we may lose this discount. 2. Due to national events and the focus on policing, we are concerned that demand for these systems - and prices - are going to climb, and we could end up having to pay more and/or not being able to get the system if we wait. Additionally, shortages, such as are being experience with microchips, could delay the delivery of these systems and increase prices. 3. The issues bad use of force decisions that this kind of system can help mitigate, can happen at any time. The longer we wait to start addressing the issues, the longer we leave ourselves open to liability. We have been fortunate not to have had a critical incident, but we must give our officers the best possible tools to help us keep it that way. 4. We have funds now to cover this expenditure and purchasing this now will eliminate a larger ticket item in next year’s budget. Attached is an updated budget justification form, and the quote we received from the company. There is also a service/warranty package that would cost us $1300 a year that was not factored into the original request. Financial Impacts: Due to the personnel shortages we have faced earlier in the year, we are projecting to have approximately $140,000 of budgeted salary money left over at the end of the year. We believe that there is sufficient funding here to cover the purchase of this system, along with several other items, without us having to impact fund balance. Staff Recommendations/Comments: Approve the police department to move forward with this system. Budget Justification Form Department/division: Police - Administration Request: De-escalation and Use of Force Simulator – Virtual Reality Priority 1-3 (1=must do; 2=should do; and 3=could do): 1- Must do Line-item(s) where funds are requested: Training Fiscal year(s) & amount(s) of request: FY21 - $69,550 ($68,250 for system + $1300 for warrantee/service). NOTE: This is discounted from $97,800 FY22 - $1300 (Warranty/support - I am not sure what line the on-going service/warranty should live in… license fees?) FY23 - $1300 FY24 - $1300 Describe request: With the evolution of technology and the need for training in controlled environments with a specific focus on de- escalation and use of force, this system presents a unique environment for constant training. The virtual reality aspect of the system offers hands on techniques in hundreds of adjustable scenarios. The scenarios are real time and can be adjusted to current real world scenarios that have been faced across the country. Discuss how the request links to the town’s balanced scorecard or Top Departmental Priority: To continue offering quality service to the citizens of Hillsborough. This also links to the idea of taking care of what we have – our personnel – by giving them the tools to better respond and hopefully avoid a critical incident. Alternatives & operational impact if request is not funded: Training is limited to created actor roleplay scenarios. The COVID-19 pandemic has decreased training greatly and this is a great way to get back to continuing education for our officers. As an alternative, we can reduce to a 1-person system, but this will limit the ability for officers to train together in scenarios. Additional information: This system will allow for scenario-based training to incorporate use of force decision making, de-escalation, weapons transition training and can be used for basic marksmanship training. We have marked this as a “must do” as it is critical to have a better way to train on these skills to help us avoid the kinds of tragic events we have seen across the country involving police uses of force. Sales Proposal for Hillsborough Police Department Prepared by: Curry Newton, SVP SURVIVR PBC This sales proposal contains all details relevant to scope of work, pricing, and terms as requested by Hillsborough Police Department. __________________________________ Attn: Lt. Simmons Andy Simmons STRICTLY PROPRIETARY AND CONFIDENTIAL Copyright © 2019-2021 SURVIVR PBC. All Rights Reserved. Apr 22, 2021 Dear Lt. Simmons and team at Hillsborough Police Department, On behalf of our team at SURVIVR, thank you for your interest in our state-of-the-art virtual reality training simulator. At your request, I have prepared this proposal to walk you through our simulator's hardware components, software capabilities, special offerings, and pricing. SURVIVR's training simulator has been meticulously designed and engineered for one essential purpose: to save lives. Our simulator will serve you as a highly immersive and realistic, yet accessible training supplement 24/7/365. We specially designed our instructor's interface to give you full control over our training scenarios, such as pre-selecting environment variables (e.g. presence of drugs and weapons) and dynamically changing a suspect's demeanor and actions at any second in time. This opens up a near- innite number of possibilities, so your trainees will always stay sharp. Numerous customers vouch for SURVIVR as the highest-quality VR training simulator on the market. For us, product quality and attention to detail are just the beginning (half of our team is former law enforcement). We have also earned a strong reputation for always treating our customers as partners and incorporating their feedback, no matter the size of the agency. Our engineering and customer service employees are all in- house and consistently provide the fastest and most thoughtful experiences for our customers. This is why SURVIVR is a Public Benet Corporation. It's not about closing a sale; it's about helping our communities go home at night. We refuse to hire anyone who does not prioritize public safety. We commit to ensuring that our rst responders will receive only the highest standard of service and support. I sincerely hope that we can soon serve you and your trainees at Hillsborough Police Department. If you have any questions, please let me or your sales representative know. We are always happy to help. Best, Brian Hoang Chief Executive Ocer brian@survivr.com | (469) 226-1653 STRICTLY PROPRIETARY AND CONFIDENTIAL Copyright © 2019-2021 SURVIVR PBC. All Rights Reserved. Your Quote Quote Date: Exp. Date: Apr 22, 2021 May 22,2021 Prepared for:Hillsborough Police Department       127 N Churton St Hillsborough, NC 27278 2 Simulators Name Price QTY Subtotal SURVIVR Simulator - Tower Unit and 1-Year Warranty and Service Package. Includes a VR- optimized computer system, VR head-mounted display (includes a wireless adapter, 2 batteries, and lighthouse tracking for up to 35'x35'), 1-2 monitors (the rst simulator receives 2 monitors; all others receive 1 monitor), keyboard, external keypad, charging hub, mouse, audio/microphone headset, speakers, a SURVIVR Toolset (VR handgun, VR rie, VR taser, VR OC spray, VR ashlight), miscellaneous wires/parts, and 1-Year Warranty and Service Package. $45,000.00 2 $90,000.00 Multi-User Networking Advanced networking software and conguration needed for multi-user functionality. $5,000.00 1 $5,000.00 In-Person Installation & Training Includes on-site equipment setup and train-the-trainer onboarding. $2,000.00 1 $2,000.00 Warranty and Service Package Covers equipment that is damaged during regular/reasonable usage, or otherwise defective from the vendor/manufacturer, in addition to software defects, regular updates, and technical support. This does not cover neglect or abuse of applicable items, or custom or premium software features. This package is optional and priced per Simulator per year. $4,000.00 2 $8,000.00 Additional Trackers $200.00 4 $800.00 Subtotal $97,800.00 STRICTLY PROPRIETARY AND CONFIDENTIAL Copyright © 2019-2021 SURVIVR PBC. All Rights Reserved. -$15,000.00 -$14,550.00 Small Agency Discount Competitive Discount (limited time) Total $68,250.00 STRICTLY PROPRIETARY AND CONFIDENTIAL Copyright © 2019-2021 SURVIVR PBC. All Rights Reserved. Future Purchase Options The following additional purchases may be made. These pricing rates are applicable through Fiscal Year 2021: 1-Year Extended Services Agreement Cost (Fiscal year 2021) VR Simulator $45,000.00 Handgun $750.00 Rifle $900.00 Shotgun $900.00 Flashlight $450.00 Taser $450.00 OC Spray $450.00 1-Year Warranty and Service Package (per Simulator)$4,000.00 Custom Training Scenario (outdoors) - Includes up to 20,000 sq. ft. of 1 outdoor environment. $17,500.00 Custom Training Scenario (indoors) - Includes up to 10,000 sq. ft. of 1 indoor environment. $23,350.00 STRICTLY PROPRIETARY AND CONFIDENTIAL Copyright © 2019-2021 SURVIVR PBC. All Rights Reserved. Terms & Conditions • A purchase order for the Warranty and Service Package must be accepted by SURVIVR PBC by no later than one (1) year after the commencement date of the initial Hardware Sales and Services Agreement to avoid expiration of these options. • The terms of this quotation are for discussion purposes only. The parties will only become bound and/or obligated with respect to the subject matter of this quote, if at all, upon the parties’ execution of a mutually-agreeable, separate written agreement setting forth the complete and definitive terms and conditions of each party’s rights and obligations. [See customer testimonials on the next page.] STRICTLY PROPRIETARY AND CONFIDENTIAL Copyright © 2019-2021 SURVIVR PBC. All Rights Reserved. What our customers say "During the COVID-19 pandemic, almost all of our training providers have cancelled their in-person classes. With SURVIVR, we have been able to continue to provide our team with this essential training. The scenarios within the simulator feel extremely real, and SURVIVR has paid great attention to detail in their construction." Michael Miller, Chief of Police Colleyville Police Department “SURVIVR offers the end-user the singularly unique capability to replicate visually and to scale real world environments. Their amazing team of artists and engineers demonstrated their unmatched ability by replicating our operations environment through creating a custom scenario for our McGuire Main Gate, and the results were nothing short of phenomenal.” Jarrod Kologinsky, Master Sergeant 87th Security Forces Squadron, Joint Base MDL Board of Commissioners Agenda Abstract Form Meeting Date: May 10, 2021 Department: All Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 7.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: April 2021 Meetings and events • Board of Commissioners regular meeting (remote) (4/12/21) • NCHIP Board meeting (4/21/21) • Weekly human resources team meeting • Weekly budget software implementation meetings • Weekly GARE Countywide Racial Equity Plan Co-Leads meeting • Monthly Triangle J Council of Government HR Roundtable conference calls • Monthly management team meeting • Board of Commissioners work session (remote) (4/26/21) • Partner Company Quarterly Meeting (EACP) (4/27/21) • State Archives office hours (4/28/21) • Carolina Star safety meeting (4/29/21) Employee Events and Training • None Recruitment and Selection (* = filled) • Police Officer o Recruitment opened (2/19/20) o Continuous recruitment (172 applicants to date) o Start date (trainee): 3/2/20 o Start date: 9/14/20 o Start date: 10/12/20 o Start date: 11/09/2020 o Start date: 01/04/2021 • Water Treatment Plant Superintendent o Recruitment open (1/19/2021) o Recruitment closed (2/18/2021) (20 applicants) o Start date: 4/25/2021 • Finance Director o Recruitment open (2/12/2021) o Recruitment closed (3/30/21) (27 applicants) o Initial phone interviews completed. o First virtual assessment center completed. • Accounting/Payroll Technician o Recruitment open (4/19/21) (14 applicants) o Recruitment closed (4/30/21) o Applications in review • Utility Maintenace Technician I, II or III o Recruitment open (4/28/21) o Recruitment close (5/23/21) (5 applicants to date) • Hiring freeze in place due to COVID-19 Pay and Benefits • Biweekly payroll (2) • FMLA – 6 Notice of Eligibility and Rights & Responsibilities sent (2021) Wellness • Weekly onsite nutrition counseling (offered remotely) • Wellness mini-grant program Performance Evaluation • Maintained NEOGOV PE system Professional Development • Regional Master Municipal Clerks Virtual Academy (4/30/21) (Sarah) Miscellaneous • None Public Information Office Report: April 2021 News Releases/Minutes • Issued 15 news releases and 1 bid posting. • Completed minutes for 2 town board and 6 appointed board meetings. EMAIL SUBSCRIPTIONS (as of April 30) List Subscribers Change Total 1,411 ↑ 11 News releases 1,129 ↑ 5 Meeting notices 702 ↑ 5 Bid postings 594 ↑ 9 Community newsletter 1,276 ↑ 4 TOP 10 MOST-VIEWED NEWS RELEASES: WEBSITE Headline Views Police Arrest 2 Men in Fatal Shooting 4,924 Duke Energy to Replace Recently Installed Street Lighting 231 Hillsborough Customers: Note Information on Water and Sewer Line Insurance 114 Occoneechee Mountain Park to Close for Controlled Burn 80 Board of Commissioners Meeting Summary (April 12 meeting) 76 Updates on COVID-19 Restrictions and Vaccine Eligibility (March release) 59 Shooting Suspect Charged (February release) 53 Videos Offer Local Advice on Native Plants and Earth-friendly Gardening (March release) 46 Please Complete Survey about Your Business or Non-residential Property 46 Health Department Offering Appointments and Walk-in Vaccine Clinics 41 TOP 10 MOST-VIEWED NEWS RELEASES: EMAILS Headline Views Police Arrest 2 Men in Fatal Shooting 674 Occoneechee Mountain Park to Close for Controlled Burn 605 Duke Energy to Replace Recently Installed Street Lighting 586 Hillsborough Customers: Note Information on Water and Sewer Line Insurance 523 Property Owners Recognized in Latest Stormwater Almanac 513 Final Road Project Related to Hillsborough Reservoir Nears Completion 492 Property Owners Can Appeal New Appraised Values Online 480 Please Complete Survey about Your Business or Non-residential Property 461 Health Department Offering Appointments and Walk-in Vaccine Clinics 427 Board of Commissioners Meeting Summary (April 12 meeting) 425 Social Media • Attended 3CMA social media webinar: Making Sense of Section 230. FACEBOOK STATISTICS (as of April 30) 25 posts 2 responses to comments Follows Change 4,322 likes ↓ 5 4,491 follows ↑ 3 TOP 5 POSTS Post People reached Link clicks Police Arrest 2 Men in Fatal Shooting 1,102 219 Pop-up vaccine clinic at Fairview Park 1,064 0 Duke Energy to Replace Recently Installed Street Lighting 1,024 92 Walk-in vaccine clinics April 21 in Hillsborough and Chapel Hill 773 0 Share of safety guidelines if fully vaccinated 760 1 TWITTER STATISTICS (as of April 30) 25 tweets 2 responses to tweets Follows Change 2,611 ↑ 16 TOP 5 TWEETS Tweet Impressions Link clicks Walk-in clinics April 21 in Hillsborough and Chapel Hill 1,383 Retweet Photo of Commissioner Hughes getting first vaccine dose 1,169 2 Police Arrest 2 Men in Fatal Shooting 924 48 Videos YOUTUBE STATISTICS (as of April 30) Subscribers Change 2,882 ↑ 6 NEW VIDEOS Video YouTube Views Facebook Reach Posted Tourism Board Meeting 30 N/A April 5 Historic District Commission Meeting 43 April 7 Mayor’s Task Force for Re-imagining Public Safety Meeting 59 April 8 Board of Commissioners Regular Meeting 128 April 13 Tourism Development Authority 12 April 14 Board of Adjustment 11 April 14 Joint Public Hearing 35 April 15 Parks and Recreation Board 13 April 20 Tree Board 12 April 21 Board of Commissioners Work Session 31 April 26 TOP 5 VIDEOS Video Current Views Overall Views Posted Position Your Solid Waste and Recycling Properly 2,928 2,131,087 Oct. 2015 Native Plants 152 181 March 2021 English Ivy Removal 133 841 Feb. 2021 Board of Commissioners Regular Meeting: April 13, 2021 127 128 April 2021 Hillsborough, NC: Among America’s Coolest Small Towns 117 10,345 Jan. 2015 Website/Employee Section • Added traffic concerns form to the Police Department page. • Updated COVID-19 pages and various pages. APRIL WEBSITE STATISTICS Occoneechee Mountain Park to Close for Controlled Burn 717 3 Promotion of videos on rain gardens, edible landscaping and native plants 682 5 NEXTDOOR STATISTICS (as of April 30) 5 Posts 0 direct message Members Change 6,055 ↑ 49 47% of 8,135 households ↑ 3 households TOP 5 POSTS Post Impressions State Easing Outdoors Mask Mandate and Mass Gathering Limits 2,315 Hillsborough Customers: Note Information on Water and Sewer Line Insurance 1,008 Health Department Offering Appointments and Walk-in Vaccine Clinics 654 Pop-up vaccine clinic at Fairview Park 594 Walk-in vaccine clinics April 21 in Hillsborough and Chapel Hill 544 Unique visitors 11,790 Number of visits 14,898 Page views 29,047 Visits per visitor 1.27 Pages viewed per visit 2.00 TOP 10 MOST-VIEWED PAGES Page title Views News release: Police Arrest 2 Men in Fatal Shooting 4,924 Home 4,668 Water and Sewer Billing and Collections 1,384 Riverwalk 924 Police 676 Employment Opportunities 630 Garbage Collection 388 Planning 347 Board of Commissioners 335 Contact Us 321 Other Work • Completed work related to COVID-19, including raising awareness via news releases, social media and website updates on vaccine process changes, governor’s COVID-19 restrictions changes, and Orange County Health Department’s messaging. • Worked on branding rollout, including website, various templates, email signatures and standards, display issues in pdfs, and guides for new logo. • Created April e-newsletter and May print newsletter for insertion in utility bills in English and Spanish. • Provided employee photos for employee newsletter and new photo of utilities analyst for retirement news release. • Reviewed various town materials, including progress report for Countywide Racial Equity Plan, survey for businesses, stormwater newsletter. Meetings/Events/Training MEETINGS, EVENTS and TRAINING Officer April 19 Budget meeting: PIO and IT expenses April 26 Town board work session and mini budget retreat April 28 Management team meeting Web developer/asst. officer April 5 Joint Information Center planning meeting April 8 COVID-19 communicators meeting Specialist April Town board and advisory board meetings via YouTube April 6 COVID-19 policy group meeting Staff April 7 3CMA webinar: Making Sense of Section 230 (asst. officer and specialist) April 19 Staff meeting April 22 COVID-19 communicators meeting (officer and asst. officer) April 29-30 NC3C virtual conference (officer and specialist) Safety and Risk Manager Report: April 2021 Meetings Attended/Conducted • Departmental meetings X 2 • HR Team meetings X 3 • Carolina Star (NCDOL) Monthly Meeting Site Inspections • Wastewater Treatment Plant – NCDOL/OSHA Safety Audit follow-up • Gold Park • Turnip Patch Park • Murray Street Park • Hillsborough Heights Park • Cates Creek Park X 2 Miscellaneous • On target for 2nd quarter random FMCA drug screens • Working on pandemic related items • Worked on employee training schedule • Working on workers comp. claims • Working on completion of incident reviews (safety committee) • Stocked/distributed/ordered safety gear • Working on inspection requirements with safety committee members • Distributed updated safety wear • General duties concerning new facility at N.C. 86 N. • Forwarded safety inspection results to departments • Collecting fire extinguisher monthly check sheets • Forwarded recommendations (work orders) generated from park and facility inspections FINANCIAL BUDGET TO ACTUAL REPORT - MARCH 31, 2021 Budget Unit Original Budget Current Budget Period Activity Year to Date Activity Encumbrances Variance % Remaining Current & Prior Year Property Taxes 7,148,600.00 7,148,600.00 139,368.87 7,038,907.72 - 109,692.28 1.53% Local Option Sales Tax 1,528,555.00 1,528,555.00 152,758.42 786,090.59 - 742,464.41 48.57% Licenses, Permits and Fees 145,200.00 145,200.00 7,806.89 238,396.62 - (93,196.62) -64.19% Unrestricted Intergovernmental Revenue 1,034,900.00 1,034,900.00 42,408.99 465,402.54 - 569,497.46 55.03% Restricted Intergovernmental Revenue 190,000.00 196,729.72 - 210,616.50 - (13,886.78) -7.06% Other 30,500.00 30,500.00 1,726.89 35,621.48 - (5,121.48) -16.79% Investment Earnings 175,000.00 175,000.00 17,873.86 148,308.82 - 26,691.18 15.25% Transfers - - - 66,189.97 - (66,189.97) 0.00% Fund Balance Appropriatoin 346,733.00 816,640.90 - - - 816,640.90 100.00% Total Revenue 10,599,488.00 11,076,125.62 361,943.92 8,989,534.24 - 2,086,591.38 18.84% Budget Unit Original Budget Current Budget Period Activity Year to Date Activity Encumbrances Variance % Remaining Governing Body 138,713.00 140,213.00 (1,833.26) 67,838.00 101,303.00 (28,928.00) (0.21) Administration 733,470.00 766,040.67 38,344.56 397,114.47 122,646.44 246,279.76 32.15% Accounting 287,760.00 300,398.00 10,029.22 115,308.53 14,830.28 170,259.19 56.68% Planning 464,820.00 494,820.00 28,902.66 273,442.77 29,991.73 191,385.50 38.68% Ruffin-Roulhac 181,786.00 191,786.00 (2,464.17) 173,192.17 26,380.26 (7,786.43) -4.06% Public Space 766,574.00 860,287.33 42,363.46 557,136.68 133,066.69 170,083.96 19.77% Safety & Risk Management 87,242.00 105,514.00 4,383.88 34,972.45 28,383.88 42,157.67 39.95% Information Services 278,614.00 431,486.33 31,579.45 259,866.80 193,668.64 (22,049.11) -5.11% Police 3,394,265.00 3,603,470.15 225,154.43 2,163,738.55 58,670.74 1,381,060.86 38.33% Fire Marshal & Emergency Management 224,268.00 237,290.00 12,826.66 110,188.96 2,264.78 124,836.26 52.61% Fire Protection 1,228,641.00 1,228,641.00 279,504.74 941,383.88 557,764.00 (270,506.88) -22.02% Fleet Maintenance 361,944.00 391,212.32 12,008.66 191,063.92 134,542.74 65,605.66 16.77% Streets/Powell Bill 963,093.00 1,030,676.82 38,080.85 519,399.98 205,000.11 306,276.73 29.72% Solid Waste 547,867.00 549,367.00 35,833.12 335,421.55 95,568.33 118,377.12 21.55% Cemetary 13,994.00 13,994.00 25.72 2,242.32 3,940.00 7,811.68 55.82% Economic Development 490,396.00 490,396.00 19,092.70 244,864.53 1,635.00 243,896.47 49.73% Special Appropriations 186,041.00 228,939.00 21,984.43 146,208.53 28,128.03 54,602.44 23.85% Contingency 250,000.00 11,594.00 - - - 11,594.00 100.00% Total Expenditures 10,599,488.00 11,076,125.62 795,817.11 6,533,384.09 1,737,784.65 2,804,956.88 25.32% GENERAL FUND EXPENDITURES GENERAL FUND REVENUE FINANCIAL BUDGET TO ACTUAL REPORT - MARCH 31 2021 Budget Unit Original Budget Current Budget Period Activity Year to Date Activity Encumbrances Variance % Remaining Licenses, Permits and Fees 9,336,502.00 9,602,238.00 7,368,925.39 7,368,925.39 - 2,233,312.61 23.26% Other 110,300.00 110,300.00 158,871.45 158,871.45 - (48,571.45) -44.04% Investment Earnings - 202,592.00 226,373.79 226,373.79 - (23,781.79) -11.74% Transfers - - - - - - #DIV/0! Retained Earnings Appropriated - 49,360.00 49,360.00 49,360.00 - - 0.00% Unrestricted Intergovernmental 350,000.00 350,000.00 - - - 350,000.00 - Total Revenue 9,796,802.00 10,314,490.00 7,803,530.63 7,803,530.63 - 2,510,959.37 24.34% Budget Unit Original Budget Current Budget Period Activity Year to Date Activity Encumbrances Variance % Remaining Administration of Enterprise 2,803,599.00 2,807,627.41 880,045.23 880,045.23 28,044.48 1,899,537.70 67.66% Utilities Administration 612,235.00 664,786.75 369,552.23 369,552.23 70,268.74 224,965.78 33.84% Billing & Collections 726,798.00 740,405.00 442,382.28 442,382.28 141,299.52 156,723.20 21.17% Water Treatment Plant 1,137,859.00 1,183,802.38 760,072.44 760,072.44 101,406.42 322,323.52 27.23% West Fork Eno Reservoir 42,435.00 140,285.00 32,142.47 32,142.47 103,108.12 5,034.41 3.59% Water Distribution 1,753,389.00 2,081,095.50 1,647,693.07 1,647,693.07 73,233.66 360,168.77 17.31% Wastewater Collection 1,756,144.00 2,020,500.83 719,799.78 719,799.78 107,685.04 1,193,016.01 59.05% Wastewater Treatment Plant 2,716,965.00 2,770,590.00 813,136.52 813,136.52 89,158.89 1,868,294.59 67.43% Disaster Relief 549,800.00 822,025.87 - - - 822,025.87 1.00 Contingency 300,000.00 227,638.00 - - - 227,638.00 100.00% Total Expenditures 12,399,224.00 13,458,756.74 5,664,824.02 5,664,824.02 714,204.87 7,079,727.85 52.60% WATER & SEWER FUND REVENUE WATER & SEWER FUND EXPENDITURES FINANCIAL BUDGET TO ACTUAL REPORT - MARCH 31 2021 Budget Unit Original Budget Current Budget Period Activity Year to Date Activity Encumbrances Variance % Remaining Licenses, Permits and Fees 617,500.00 617,500.00 699,702.32 699,702.32 - (82,202.32) -13.31% Retained Earnings Appropriated 40,798.00 40,798.00 - - - 40,798.00 100.00% Total Revenue 658,298.00 658,298.00 699,702.32 699,702.32 - (41,404.32) -6.29% Budget Unit Original Budget Current Budget Period Activity Year to Date Activity Encumbrances Variance % Remaining Disaster Relief 1,755.00 1,158.00 205.64 205.64 283.17 669.19 57.79% Stormwater 556,543.00 657,140.00 437,897.16 437,897.16 31,643.21 187,599.63 28.55% Total Expenditures 558,298.00 658,298.00 438,102.80 438,102.80 31,926.38 188,268.82 28.60% STORMWATER FUND REVENUE STORMWATER FUND EXPENDITURES 11,770,778 13,458,757 658,298 9,607,155 7,803,531 699,702 6,488,754 5,664,824 437,897 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 16,000,000 General Fund Water & Sewer Fund Stormwater Fund Town of Hillsborough Fiscal YTD Revenues & Expenditures As of March 31, 2021 Budget Revenue Expenditures 11,770,778 9,607,155 6,488,754 11,076,126 9,473,778 7,253,585 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 Budget Revenue Expenditure General Fund YTD Revenues & Expenditures Compared to Prior Year as of March 31 Current Year Prior Year 679,624 664,840 343,331 658,298 699,702 437,897 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 Budget Revenue Expenditure Stormwater Fund YTD Revenues & Expenditures Compared to Prior Year as of March 31 Current Year Prior Year 13,458,757 7,803,531 5,664,824 11,307,028 7,794,909 5,724,871 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 16,000,000 Budget Revenue Expenditure Water & Sewer Fund YTD Revenues & Expenditures Compared to Prior Year as of March 31 Current Year Prior Year Planning Department Report April 2021 Revenues Collected April 2021 FY Year to Date Development Review fees $ 0.00 $ 3,900.00 Zoning Permits & HDC reviews $ 7,662.07 $55,781.71 Planning Total $ 7,662.07 $59,681.71 - 119% of budget projection ($50,000) Affordable housing payment in lieu - $ 1,000 Data is through April 2021 for both permits and Certificates of Occupancy. Data for completed developments has been removed but totals still reflect all previous activity. Project name Approved units Permitted Completed Approved but not complete permits remaining Under construction Collins Ridge (Phase 1A-1) sfd 59 54 0 59 5 54 Collins Ridge (Phase 1A-2) townhome 89 54 0 89 35 54 Collins Ridge (Phase 1A-3) sfd 36 20 0 36 16 20 Fiori Hill 46 46 35 11 0 11 Forest Ridge 235 234 207 28 1 27 Total 1529 1471 1305 224 58 166 Misc. infill lots na 140 100 na 40 Grand Total 1611 1405 Approved & Under Construction Hillsborough Police Department Monthly Report April 2021 REPORTED OFFENSES - UCR Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2021 2020 2019 Part I Offenses Homicide 0 0 0 1 0 0 0 Rape 0 0 0 0 0 2 2 Robbery 0 0 1 1 2 6 5 Aggravated Assault 1 1 0 1 3 17 14 Burglary 2 4 4 4 14 20 26 Larceny/Theft 27 13 21 19 80 326 297 Motor Vehicle Theft 0 0 0 0 0 18 12 Total Part I 30 18 26 26 0 0 0 0 0 0 0 0 100 389 361 Other Offenses 2021 2020 2019 Simple Assault 7 3 10 8 28 109 77 Fraud/Forgery 4 0 2 2 8 24 21 Stolen Property 2 0 0 0 2 19 7 Damage to Property 10 10 8 16 44 97 59 Weapons Violations 2 4 2 2 10 26 5 Sex Offences 0 0 1 1 2 2 3 Drug Violations 11 11 12 7 41 125 85 Driving While Impaired 4 2 3 1 10 40 34 Liquor Law Violations 1 0 2 0 3 11 13 Trespassing 1 2 4 2 9 31 20 Domestic Related 7 7 15 8 37 133 119 Missing Persons 0 0 1 1 2 6 1 Summary of Select Offenses: On 04/01/2021, an Aggravated Assault was reported in the 100-block of Faucette Mill Rd. Officers responded to gunshots in the area and located a residence with bullet holes in it. The victims inside advised they heard 4-6 shots and the glass on their front door was shattered, causing $200.00 in damages. This incident is under investigation. On 04/01/2021, an Aggravated Assault was reported at 535 Hampton Pointe Blvd. Officers responded to disturbance and shots fired. When Officers arrived, they located a male that had been shot, who later succumbed to his injuries. Officers charged Doyle Derrell Edwards, (b/m, 22, of Efland) with Felony Murder, Simple Assault, B&E to a Vehicle, Larceny of a Firearm, and Discharging a Weapon in Town Limits. He was held without bond. Officers also charged Chase Latron Torain, (b/m, 21, of Cedar Grove) with Simple Assault, he was given a $5,000.00 secured bond. On 04/05/2021, a Breaking and Entering and Sexual Assault was reported on Patriots Pointe Dr., the victim advised that the suspect(s) entered an unlocked door and sexually assaulted the victim. This incident is under investigation. On 04/12/2021, a Burglary was reported to an unoccupied residence in the 500-block of Revere Rd. The victim advised that the home had been broken into through a window and tools taken valued at $679.00. Hillsborough Police Department Monthly Report April 2021 On 04/16/2021, a Breaking and Entering and Injury to Property to a business were reported at 437 Dimmocks Mill Rd., Eno River Mill. The suspect(s) vandalized an antique toilet seat and damaged a lock, valued at $120.00. On 04/19/2021, a Breaking and Entering and Damage to Property to a home under construction were reported in the 200-block of Garden Heights Ln. The victims advised they located juveniles inside the home spraying water all over inside and caused $700.00 in damages to a door. On 04/27/2021, an Armed Robbery was reported at 909 W. King St., Country Markets Tobacco. The victim advised that two suspects entered the store with masks and a long gun and took a money bag containing a wallet, cell phone valued at $800.00, and $5,000.00 in cash. 19 Larcenies were reported at various locations including: • 4 larcenies were shoplifting related incidents at Hampton Pointe- Walmart. • 1 larceny from business was reported–1 at 200 US 70 E., Walgreens, where suspects stole $123.00 in cigarettes. • 4 Larcenies from Unlocked Motor Vehicles were reported–1 in the 500-block of Patriots Pointe Dr. where the suspect(s) tried to remove the club from the steering wheel causing damages. 1 in the 500- block of Harper Rd. where $15.00 in change was taken. 1 in the 500-block of Childsberg Way. where a vehicle was entered, and nothing taken. 1 in the 100-block of W Queen St. where a $20 bill was taken. • 4 Larceny of Catalytic Converters– 1 at 507-B Cornerstone Ct., Flooring Plus, LLC. Valued at $1,200.00. 1 at 503 Cornerstone Ct., Mechanical Solutions Inc., valued at $1,500.00. 1 at 511 Valley Forge Rd., Hardwood Designs valued at $1,500.00. 1 at 233 S. Churton St., CBS Quality Cars valued at $1,000.00. Narcotics/weapons related incidents: • During the month of April, Officers recovered small amounts of marijuana, paraphernalia, cocaine, methamphetamine, prescription medication, and two handguns. Hillsborough Public Works April 2021 Monthly Report Work Orders: 7 completed within two days Public Spaces: 56.5 staff hours Stormwater Maintenance: 49.5 staff hours, 244 linear ft Cemetery: 1 grave marked Training: 3 staff attended ITRE training classes Asphalt Repairs: 10 Utility cuts, 2 road repairs May 2021 TOWN OF HILLSBOROUGH UTILITIES STATUS REPORT Prepared by Marie Strandwitz 5/4/21 Page 1 Staffing Nathan Cates has accepted the position of WTP Superintendent and Jeff Mahagan will remain the interim assistant administrative operations superintendent as we evaluate the structure of this Division. We will be advertising for a Lead Inspector position. There will be a vacancy in the Distribution and Collections Division for a Utility Mechanic. Julie Laws is retiring May 28 and we are crafting a revised position description for a support engineer. Lastly, we are still evaluating the WTP structure to see if we will advertise for a Chief Operator. Water and Sewer Advisory Committee (WSAC) Activities WSAC in-person meetings have been cancelled during the COVID-19 pandemic.The last virtual meeting was held May 6, 2021. The next meeting will be in August. Water Restrictions There are currently no water withdraw restrictions.Our monthly water production average is currently 1.497 MGD. "Unaccounted-for" Water We had one (1) water main break in April. There was 1 (one) water service leak repaired. Miscellaneous repairs have been proceeding as needed. PROJECT STATUS West Fork of the Eno Reservoir The reservoir is just almost 5 feet below Phase 1 normal pool, at 38.3 feet. The April releases met or exceeded the minimum release of 4.0 cubic feet per second (cfs). Both Lake Orange and Lake Ben Johnson are spilling. May minimum release is 3.0 cfs. WFER Phase 2 Construction Project No issues to report. We will need to tie up loose ends such as NCDOT transfer of easements for the new road improvements and enact the WFER deed restriction for town parcels surrounding the reservoir. Looking at the June board meeting for this. WTP The WTP received civil penalty for inorganics monitoring and reporting due to an outside lab error from the December monitoring. The penalty followed the notice of violation. The outside lab has provided a letter of explanation for our required notice and provided a credit for their services equal to the $1000 penalty. While this is not the black mark we want on our record, the state has not acquiesed to our plea that it was beyond our control and we did collect and ship the samples within the deadline. The inorganics monitoring has already been taken for this calendar year with no problems or exceedances. We are required to sample for inorganics one time per calendar year.