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Home My Public Portal About04-12-21 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. April 12, 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 Orange County Recovery and Transformation Plan 5.Appointments Tourism Development Authority — Appointment of Kim Tesoro to fill Tourism Board vacancy for a term expiring Jan. 31, 2022 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 Board of Commissioners Agenda | 2 of 3 7. Items for decision ― regular agenda A. Discussion of use of the Fairview Police Substation and Community Center B. Discussion on preferred streetlight fixtures and use of streetlight shields C. Update and discussion of Collins Ridge D. Letter of interest in annexation for 30-acre site on NC Hwy 86 E. Noise ordinance discussion follow-up F. Hot topics for work session April 26, 2021 8. Updates A. Board members B. Town manager C. Staff (written reports in agenda packet) 9. 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.) 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. Board of Commissioners Agenda | 3 of 3 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: April 12, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 4 Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Orange County Recovery and Transformation Plan update Attachment(s): 1. Slides Brief Summary: The town has been participating in the countywide recovery planning effort funded through CARES funds. Catherine Wright, Shannan Campbell, Stephanie Trueblood, and Margaret Hauth were regularly involved with additional participation by Jen Della Valle, Haley Bizzell, and others. Action Requested: Discuss and provide any feedback. ISSUE OVERVIEW Background Information & Issue Summary: The plan’s five goals are: • Address fundamental needs of all residents. • Create safe, stable, and affordable housing solutions. • Promote a dynamic, equitable, and sustainable economic recovery. • Streamline access to community-based resources. • Combat the negative effects of social distancing to promote community healing. The Plan looks at these goals from the following perspectives: Economic, Housing, Human Services, Health, Natural and Cultural Resources, Community Planning and Capacity Building, and Intergovernmental Affairs and Public Information. The Plan was created with significant efforts to reach communities of color and underserved populations and consider the impacts of the pandemic with a racial equity focus. This Plan will also directly relate to the GARE planning effort currently underway. Any feedback is welcome. The intent is for each jurisdiction to formally endorse the plan in May or June. Financial Impacts: As county efforts are initiated or continued to move toward these goals, funding may be needed at the local level for staffing or other efforts. Staff Recommendations/Comments: 4/5/2021 1 Orange County Recovery and Transformation Planning Project April 2021 Impact Assessment •Understand the impacts of COVID-19 on economy, community health, housing, and social services. Cost Recovery Training •Train county, municipal, and non-profit stakeholders on best practices for reimbursement under common federal programs. Long-Term Recovery and Transformation Plan •Describe goals, strategies and initiatives to drive community-informed recovery. What Was the Purpose of the Project? 2 | Elected Officials Briefing Analyze Train Plan 1 2 4/5/2021 2 3 | Virtual Plan Development Meeting Describe and quantify the impacts of COVID-19. Establish a diverse stakeholder group to design strategies and initiatives addressing impacts. Record countywide strategies and associated initiatives in the Recovery and Transformation Plan. Implement the plan and monitor community needs. Phase 1 Phase 2 Phase 3 Phase 4 How Was the Project Organized? What Did The Impact Assessment Reveal?* 4 | Elected Officials Briefing Black and Latinx communities contracted COVID-19 at disproportionate rates compared to other races and ethnicities. The county’s small businesses and arts, entertainment, hospitality, and tourism sectors were hard-hit by the pandemic. Emergency Housing Assistance Fund helped divert 365 households (1000% increase from 2019) from eviction between Jan. – Jul. 2020. In 2018, Orange County cited 50,000 households in rural areas underserved by broadband. Remote learning and working has been challenging for many. Many families struggled to make ends meet during the pandemic. Roughly 7,000 to 11,000 meals were distributed daily throughout the County. *This is not an exhaustive list of findings. 3 4 4/5/2021 3 Who is Involved in Recovery Planning? Individuals and organizations participating in the planning effort are experts and professionals across seven sectors, with over 30 different types of public and non-profit organizations in each group. 5 | Virtual Plan Development Meeting Experts and professionals across these sectors……and the public Economy Housing Health Human Services Natural/ Cultural Resources Community Planning Intergov. Affairs & Comms 6 | Public Town Hall How Did the Public Inform the Plan? Comments received from the public were included in the plan (see Community Input Annex) and helped guide conversations with Orange County and municipal government to finalize the plan. It is essential to understand the public’s priorities, so that recovery stakeholders can fairly distribute available resources to try and meet those priorities. Sources of Input Virtual Surveys Virtual Focus Groups Virtual Workshops Virtual Public Comment Form Recovery Planning Website Virtual Town Halls 5 6 4/5/2021 4 7 | Public Town Hall To align with the Guiding Vision and the county’s efforts to achieve social and racial equity, the project held a consistent focus on equitable community engagement. How Was Racial Equity Integrated into the Plan? Community Leader Meetings were held to garner input from communities of color. Public engagement materials were translated into Spanish, Mandarin- Chinese, Burmese, and Karen. Targeted outreach was conducted to encourage communities of color to participate in plan review surveys and meetings. Feedback from communities of color was prioritized in proportion to the elevated COVID-19 impacts they faced. The planning process was coordinated with the efforts of Orange County’s Government Alliance on Race and Equity. How is the Plan Organized? 8 | Public Town Hall 7 8 4/5/2021 5 What is the Plan’s Guiding Vision? Leverage recovery from the COVID-19 pandemic to strengthen and transform Orange County by improving economic sustainability, providing resources, and achieving social and racial equity. The plan is based on five recovery goals, identified through community input and the gaps revealed by the Impact Assessment. 10 | Elected Officials Briefing What are the Goals of the Plan? Address fundamental needs of all residents; Create safe, stable, and affordable housing solutions; Promote a dynamic, equitable, and sustainable economic recovery; Streamline access to community-based resources; and Combat the negative effects of social distancing to promote community healing. 9 10 4/5/2021 6 Strategies & Initiatives: Economic Provide support for small businesses. •Provide direct financial support to local businesses when funding is available. •Create the ability to quickly convert existing local funding programs to support future disaster response and recovery efforts. •Establish communication channels between economic development practitioners as well as to and from businesses in Orange County. •Provide technical support and business mentorship to small business owners, including e-commerce and other emerging industries. Identify and address regulatory barriers to economic recovery. •Examine and address barriers to starting and expanding small business and provide resources or amend policy to help businesses overcome these barriers. •Identify and address policy and infrastructure barriers to remote work and operations, including broadband access. •Engage operators and regulators to determine which temporary policy changes should be made permanent. Drive local economic growth and encourage local spending. •Develop collaborative marketing strategies to bring new business and enhanced local spending to the county. •Increase the resilience of the county’s key industries. •Provide support to the arts and entertainment industry of Orange County. •Build a shared understanding that a successful economy equals a successful community. Strengthen and expand the local workforce. •Identify and develop targeted training programs for residents to meet the needs of local employers. Strategies & Initiatives: Housing Incentivize the development of affordable and accessible housing. •Evaluate housing stock, density, and regulations to reinforce policy changes that promote housing development and increase affordable housing. •Continue to increase the number of subsidized housing units available locally and promote broader landlord acceptance of vouchers. •Track tax foreclosures and evaluate opportunities to purchase property and develop into affordable housing. Rehabilitate, improve safety, and preserve the affordability of existing housing. •Investigate opportunities to change the process through which land use designations are reconsidered and adapted. •Use flexible funding to support timely repairs, weatherization, and rehabilitation of affordable housing units. •Increase flexible funding to continue efforts to reduce mobile home displacement on rented property. •Use rehabilitation, repair, or modification to increase the availability of affordable housing compliant with the Americans with Disabilities Act. Ensure continuation of and streamlined access to housing support programs, including emergency housing assistance. •Expand capacity to support the implementation of solutions that address identified gaps in housing programs and resources. •Continue and streamline the provision of emergency housing assistance, eviction diversion, and coordinated entry programs. •Continue efforts to end homelessness in Orange County by addressing evolving gaps in the homeless system. •Partner with health entities to direct funding toward housing as a social determinant of health. 11 12 4/5/2021 7 Strategies & Initiatives: Health Continue monitoring, testing, and eradicating COVID-19. •Continue to provide equitable and accessible testing and vaccines for COVID-19 for free or minimal cost. •Provide transportation to testing and vaccination sites from various locations throughout the county. •Foster partnerships with educational institutions to develop comprehensive resources on disease prevention, monitoring, and reporting. Promote economic recovery and bolster existing healthcare systems. •Encourage local employers to partner with Carolina PROSPER to receive assistance with improving workplace safety. •Partner with academic institutions to conduct a gap analysis of public and private healthcare, mental health, and substance abuse service providers. •Support growth of the county’s healthcare systems through healthcare-focused workforce development programs, expansion of telehealth, and appropriate liability protections. •Work with non-profit and public entities to help individuals who are positive with or recovering from COVID-19 avoid lifelong debt. Promote better access to mental and behavioral health services. •Continue efforts to improve access to and destigmatize the use of mental and behavioral health support services. •Continue efforts to improve access to and destigmatize substance-abuse support services. •Strive to mitigate the effects of social isolation on harder-to-reach populations. •Improve mental health care and support for first responders and medical care providers. Address historic or systemic health disparities. •Improve access to quality healthcare for historically marginalized communities. •Appoint an advisory committee to address the unique needs of historically underserved communities with representation from affected communities. Strategies & Initiatives: Human Services Promote job opportunities that provide thriving wages or increase quality of life. •Develop systems to connect people to job opportunities in the county. •Perform a gap analysis to determine necessary policy changes around minimum wages and subsidized employment opportunities. Streamline access to community resources. •Streamline and expand food access to reduce hunger. •Establish and advertise a centralized online database of non-governmental organizations to improve equitable access to community resources. •Support coordination between regional, county, and municipal transportation systems by securing additional funding. •Increase equitable access to high-quality cellular service and broadband, especially in rural areas. Prevent widening of the achievement gap. •Establish public-private partnerships to provide low- or no-cost after-school, weekend, and summer childcare. •Partner with local schools to provide additional resources and outreach aimed at alleviating instability and improving at-home learning environments. •Partner with schools to provide extra support for students with disabilities and their families. •Establish a scalable technology support program to provide free or low-cost computer and peripheral rentals by expanding the existing Chapel Hill Laptop Lending Program. •Provide technology training on relevant platforms to the community. 13 14 4/5/2021 8 Strategies & Initiatives: Natural & Cultural Resources Prevent the deterioration of natural resources. •Coordinate planning efforts to understand how the community utilizes public spaces and whether the expansion of public spaces is necessary. •Monitor and address indirect impacts from COVID-19 on the natural environment. •Expand programs educating residents about their role as stewards of natural resources and the natural environment. Provide cultural and recreational opportunities for all residents. •Utilize oral histories to tell the story of the pandemic. •Pursue opportunities to expand and pool resources across organizations and jurisdictions to coordinate and cross- promote free and safe activity offerings. •Support and promote community-driven multicultural arts projects and programs that enable community healing, recovery, and resilience. Support sustainable local agriculture systems. •Provide technology training for agricultural producers to promote the utilization of e-commerce and alternative distribution models. •Strengthen economic independence for agricultural producers and reduce reliance on grants and subsidies. •Incentivize expansion of sustainable local food systems to provide support for families experiencing food insecurity. Strategies & Initiatives: Community Planning & Capacity Building Promote climate change mitigation and adaptation efforts. •Leverage findings from the long-term recovery planning process to update climate action plans across the county. Build collaborative programs between government and the community. •Establish an active volunteer network by creating a countywide Voluntary Organizations Active in Disaster group. •Work with academic institutions to support student access to resources necessary for their success. 15 16 4/5/2021 9 Strategies & Initiatives: Intergovernmental Affairs & Public Information Support open lines of communication between the public and local governments. •Align and streamline information for disaster-impacted residents across local government websites. •Make it easier for residents that do not speak English very well to engage with local governments. •Enhance local understanding of how community members interact with government to increase civic engagement. •Develop a 24-hour chat portal or hotline for community members to share concerns or inquiries. Promote equitable public engagement in planning processes. •Continue to engage the community, especially historically marginalized populations, to ensure this plan is adapted to meet the evolving needs of all residents. •Build a culture of information-sharing to help improve racial equity planning and implementation outcomes for the whole county. Consistently deliver essential government services. •Develop integrated continuity of operations plans to consistently provide critical services across local governments. •Seek and secure additional funding to continue essential emergency support services. What Else is in the Plan? 18 | Public Town Hall Research Findings Public Input Funding Sources Guidance for Implementation Short-Term Priorities Stakeholder Responsibilities 17 18 4/5/2021 10 Elected officials have an essential role in implementing and socializing the Long-Term Recovery and Transformation Plan, including the following actions: •Reviewing the plan. •Providing input on and endorsing the plan. •Supporting organizations (Recovery Support Functions) implementing the plan. •Continuing to represent community needs and elevate the concerns of the most impacted populations as the plan is revised and maintained as a living document. 19 | Elected Officials Briefing The Role of Elected Officials How Will the Plan Be Implemented? 20 | Elected Officials Briefing Long-Term Recovery Group RSF 1: Economic RSF 2: Health RSF 3: Human Services RSF 4: Housing RSF 5: Natural and Cultural Resources RSF 6: Community Planning and Capacity Building RSF 7: Intergovernmental Affairs and Public Information Individuals and organizations that participated in the planning effort are broken into Recovery Support Functions (RSFs) based on field and expertise. These RSFs will serve as the coordinating structure for carrying out the plan. 19 20 4/5/2021 11 How Are Recovery Support Functions Organized? Long-Term Recovery Group Coordinator Multi-Agency Coordination Policy Group Recovery Support Function 1: Economic Recovery Support Function 2: Housing Recovery Support Function 3: Health Recovery Support Function 4: Human Services Recovery Support Function 5: Natural and Cultural Resources Recovery Support Function 6: Community Planning and Capacity Building Recovery Support Function 7: Intergov. Affairs and Public Information Thank You! orangeNCforward.org 21 22 Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Planning/Econ Dev Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5 Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Shannan Campbell, Economic Development Planner ITEM TO BE CONSIDERED Subject: Tourism Development Authority — Appointment of Kim Tesoro to fill Tourism Board vacancy for a term expiring Jan. 31, 2022 Attachment(s): None Brief Summary: Ms. Tesoro serves on the Tourism Board in the seat reserved for a Chamber of Commerce representative. Tesoro is currently the CEO of the Hillsborough/Orange County Chamber of Commerce. At their regular meeting on April 5, 2021, the Tourism Board voted unanimously to recommend appointment of Tesoro to the TDA. Tesoro was not present at the meeting but accepted the nomination via email as she has previously expressed interest in wanting to serve on that board. The Town Code indicates specifically that TDA terms run ‘February 1 of one year to January 31 of the following year’ so the term will need to be renewed in January 2022. Action Requested: Appointment of Kim Tesoro to the TDA for a term ending Jan. 31, 2022. ISSUE OVERVIEW Background Information & Issue Summary: None Financial Impacts: None Staff Recommendations/Comments: None Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Administration 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: Sarah Kimrey, Interim Town Clerk ITEM TO BE CONSIDERED Subject: Minutes Attachment(s): 1. Regular meeting March 8, 2021 2. Work session March 22, 2021 Brief Summary: None Action Requested: Approve minutes of the Board of Commissioners regular meeting March 8, 2021 and the Board of Commissioners work session March 22, 2021. ISSUE OVERVIEW Background Information & Issue Summary: None Financial Impacts: None Staff Recommendations/Comments: Approve minutes as presented. Minutes Board of Commissioners Remote regular meeting 7 p.m. March 8, 2021 Virtual meeting via YouTube Live Town of Hillsborough YouTube channel Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: Interim Human Resources Director Haley Bizzell, Interim Finance Director Keri Carnes, Interim Fire Marshall David Cates, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Town Manager Eric Peterson, Utilities Director Marie Strandwitz and Public Space Manager Stephanie Trueblood Opening of the meeting Mayor Jenn Weaver called the meeting to order at 7:05 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 noted that the board and guests generally abide by the public charge. 2. Audience comments not related to the printed agenda There was none. 3. Agenda changes and approval Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Commissioner Matt Hughes seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Commissioners Mark Bell, Robb English, Ferguson, Hughes and Evelyn Lloyd. Nays: None. 4. Public hearing: Neighborhood petition to change name of Thomas Ruffin Street Mayor Weaver opened the public hearing. Weaver reviewed that the residents of Thomas Ruffin Street had petitioned for a street name change and that the board had decided to call a public hearing to consider the name change. Marty Nelson, a resident of Thomas Ruffin Street, addressed the board. She noted the residents of the street unanimously requested to change the name, explaining there are 12 parcels with addresses on that street. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 38 DRAFT The homeowners and landowners on the street had submitted a petition last month requesting a name change and had proposed Hope Lane. Upon further consideration, Nelson said, they submitted a new petition for this meeting to request the name Lydia Lane and noted that the request was again unanimous. Lydia is the name of an enslaved woman whose circumstances were considered in the 1830 North Carolina v. Mann case in which the Supreme Court of North Carolina ruled that enslavers had absolute authority over enslaved people and could not be found guilty of committing crimes against them. The judgment was written by Chief Justice Thomas Ruffin. Nelson said “Lydia” embodies this call to not forget history and to pay attention to whom we bestow honor. Debbie Crane of 224 Thomas Ruffin St. addressed the board. Crane said it has grown increasingly harder for her to write the name Thomas Ruffin as her return address. She does not want to erase history but wants Ruffin’s life to be put in context. She noted that she never learned about Thomas Ruffin in North Carolina public schools or while she was a student at the University of North Carolina at Chapel Hill. She said Ruffin doesn’t deserve the honor of having a street named for him. Brad and Phyllis Farlow, of 212 Thomas Ruffin St., addressed the board. They said they are North Carolina natives and have lived on this street for 22 years. They think the name Lydia Lane honors history without honoring racism. Ross Green, who is building a house on Thomas Ruffin Street, said he and his wife Kristy Green support the name change. They are new to Hillsborough and had researched the name Thomas Ruffin out of curiosity. They had planned to talk with neighbors about the possibility of a name change when neighbors instead approached them. Jill Heilman addressed the board as the current chairman of the Historic District Commission. She said the commission was made aware of the proposed change and offers full support to the changing of this street name. Heilman said historic preservation does not consider history as a static event but rather evolving as we learn more. She said the proposed name honors history and does so without racism. Bridget Irish, a Thomas Ruffin Street resident, addressed the board. She spoke in support of Lydia Lane. She said people should not forget who Thomas Ruffin was but that is the purpose of history books. Thomas Ruffin does not need to be honored with a street named for him. She noted that Orange County has removed his portrait from the county courthouse. Lloyd said she has something to print to give to the board about Thomas Ruffin. She noted that he was one of the best-known people from Hillsborough. She said there is something good in everyone. He gave the land for St. Matthew’s Episcopal Church. Motion: Bell moved to close the public hearing. Ferguson seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 5. Appointments A. Orange County Climate Council – Appointment of Marc Miller to Hillsborough’s at-large seat and Wendy Kuhn to at-large alternate B. Tourism Board – Reappointment of Tommy Stann to Restaurant/Pub Seat March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 38 DRAFT Motion: Ferguson moved to approve the appointments as presented. Hughes seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 6. Items for decision ― consent agenda A. Minutes 1. Joint Public Hearing Jan. 21, 2021 2. Regular meeting Feb. 8, 2021 3. Work session Feb. 22, 2021 B. Miscellaneous budget amendments and transfers C. Acceptance of new section of sidewalk at 153 W King St. (Colonial Inn) D. Information only – intent to use COVID Response and Relief Supplemental Appropriations Act funding to repair Exchange Park Lane bridge E. Consistency statement and ordinance amending Unified Development Ordinance Sections 2.6 and 3 – Technical Review Committee F. Consistency statement and ordinance amending Unified Development Ordinance Sections 3.8 and 3.9 – Waivers and minor changes G. Consistency statement and ordinance amending Unified Development Ordinance Section 6.7 – Design Requirements H. Consistency statement and ordinance amending Unified Development Ordinance Section 6.21 - Streets Motion: Ferguson moved to approve all items on the consent agenda. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 7. Items for decision ― regular agenda A. Ordinance to change name of Thomas Ruffin Street Planning Director Margaret Hauth said she had already asked the street’s residents to submit a new petition to request the change to Lydia Lane. Staff recommends a 60-day delay for the change to take effect so that there is time to order and receive signs. Ferguson said she was thrilled that an entire street could agree on a name twice. She said Lloyd has a point that Thomas Ruffin was not all bad but agrees the neighbors have chosen a name that is in line with inclusivity goals. Lloyd requested that her prepared statement be included in the minutes. All public comment requests received within 24 hours following the public hearing will be included in the minutes. Bell expressed appreciation for the residents of the street reaching unanimous consensus. He said he echoed Ferguson’s comments about the context of history and Lloyd’s comments as well. He thinks it is appropriate to rename the street for at least one person who had the worst in that chapter of our history. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 38 DRAFT Hughes thanked the neighbors for coming together and finding a way to move forward. He said he thinks the town has grappled with how to handle Ruffin. He noted that Orange County Commissioner Sally Greene played a big role in removing the former chief justice’s portrait from the North Carolina Supreme Court. He thinks this road name change is a step in the right direction. He thinks it is appropriate to remove his name from prominence in the town. He would like to remove his name officially from the budget, noting the main building on the Town Hall Campus is the Ruffin-Roulhac House. He said he was conflicted about renaming the street Lydia Lane because the court case was about people who lived in Chowan County. He likes Hope Lane because it is forward thinking and forward moving. If other commissioners want to move forward with Lydia Lane, that would be fine, he added. He asked if there is a Lydia Lane or Lydia Street in the county. Hauth said no. Town Manager Eric Peterson responded to Hughes’ concern about the budget, adding that the name Ruffin- Roulhac was removed from the budget the previous year. English expressed appreciation for the residents and their name selection. Weaver expressed support for Lydia Lane and said she would like the board to consider a future policy against naming things after people. Hughes said he prefers not to substitute one name for another and prefers Hope Lane. Ferguson pointed out that Lydia was not specific and yet could bring someone to the forefront that people don’t know about. She thinks the current proposal is consistent with what the town values because it does not conflict with values or exclude people. Motion: Ferguson moved to change the street name to Lydia Lane. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. B. Consistency statement and ordinance amending the Zoning Map at 618 and 700 N.C. 86 North Hauth said David Morgan, who was at the public hearing in January, is present. She said the Planning Board discussed this request in February and recommended approval. At the Planning Board meeting, there was a lot of discussion about utilities for the site. The property does not have sewer service. It has water service. Hughes said he would like the town to move away from extraterritorial jurisdictions because he feels there is a bit of disenfranchisement. When asked about sewer concerns, Hauth said connecting to the town’s sewer service is not financially feasible. Zoning the property for Light Industrial use sends the wrong message in terms of what the potential for the property is because the inability to get sewer to it naturally limits the development capacity. Morgan addressed the board. He has been a commercial real estate broker for more than 40 years. He said the owner plans to install a septic system. Ferguson said she would move to approve it because the applicant has a plan and the property would add to the town’s commercial base. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 38 DRAFT Motion: Ferguson moved to adopt the consistency statement in support and ordinance to approve rezoning. Hughes seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. C. Update on train station planning Public Space Manager Stephanie Trueblood said the agreement with North Carolina Railroad has been executed. The Town of Hillsborough has agreed to deliver a parking lot, train station building and roads within seven years. She is confident that staff can put together a request for qualifications to start the design process later this summer. She recommended that staff continue to work with the same attorneys with whom they have been working to ensure the request for bids process meets the state law and all the requirements of the agreement. Hughes said he supports approving the $15,000 to continue working with the attorneys. Ferguson seconded. Hauth said a motion was not needed this evening and the board will have an opportunity to formally approve a budget amendment at a future meeting. D. Discussion of potential contract with Orange County for all fire inspections Hauth said, with the retirement of former Fire Chief Jerry Wagner, the Town of Hillsborough has been exploring options of contracting with Orange County to conduct all fire inspections in the town. A contract with the county for this will double the county’s workload. When Ferguson expressed interest in hiring a fire marshal to keep inspections in house, Hauth and Peterson spoke in support of making arrangements with Orange County. Orange County Fire Marshal Jason Shepherd tried to speak and had poor connection. He later said that he was trying to add that the arrangement would be a partnership and the customer service would be seamless. He added that David Cates, the Town of Hillsborough’s interim fire chief, could become an Orange County employee. Hauth said she is supportive of that. No vote was needed at this time. Hauth noted that a majority of the board had expressed interest in moving forward with the agreement. E. Budget Proposal – option to lower dependent healthcare premium costs Interim Human Resources Director Haley Bizzell gave a presentation on options to lower dependent healthcare premium costs. She explained one option is to use $28,000 in North Carolina Health Insurance Pool reserve funds to lower premium costs for FY22. A second option is to use the $28,000 in insurance pool reserve funds and implement a $25 monthly increment supplement ($25 for spouse, $50 for children and $75 for families). This is estimated to have an $18,000 budget impact for FY22 based on the assumption that 30 employees add dependents and assume that most spouses choose to be insured through their own employers. The third option is to use reserve funds and increment supplements of $33, $67 and $100. Assuming 30 employees add child dependents, the budget impact would be $23,760. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 38 DRAFT Bizzell noted the staff recommendation is to approve Option 2. Peterson spoke in support of Option 2. Hughes asked if surrounding counties cover 100% of employee insurance. He wondered if the town could drop to 80-20 coverage to have money to support dependent coverage. Bizzell said most local governments do offer employee coverage at 100%. Peterson added that Orange and Durham counties cover 100% of monthly insurance premiums for employees. Ferguson supported the staff recommendation. English asked if other departments besides Hillsborough Police Department have had trouble hiring or retaining employees because of the expense of covering dependents. Bizzell said yes, employees in utilities and applicants in various departments have refused job offers because of the benefits expense. Bell spoke in support of the proposal. He asked about the possibility of covering an employee plus one child. Bizzell said it wouldn’t be much of a cost difference for only one child. Dave Costa with Arthur J. Gallagher and Company added that $28,000 is one-twelfth of the reserve funds. He said the insurance pool is adding more members this year that are on par or better than those in the pool. The reserves are building very nicely. He thinks it would not be a problem to withdraw $28,000 from the reserve funds in future years. Motion: Ferguson moved to approve Option 2, which is to supplement with $28,000 in reserve funds and provide an additional $25 incremental monthly stipend. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. F.Hot topics for work session March 22, 2021 At the March 22 work session, Utilities Director Marie Strandwitz plans to present results from recent studies on priorities for the wastewater collection and water distribution systems. There also will be discussion about core services provided by town employees. 8.Updates A.Board members Board members gave updates on the committees and boards on which they serve. B.Town manager There was none. C.Staff (written reports in agenda packet) There was none. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 38 DRAFT 9. Adjournment Motion: Hughes moved to adjourn at 9:32 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 March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 38 DRAFT March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 38 DRAFT March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 38 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 03/08/2021 TO 03/08/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-4200-5300-338 SUPPLIES - DATA PROCESSING 03/08/2021 50.00 2,600.00To cover replacement camera 20540 2,650.00EBRADFORD 10-10-4200-5300-458 DATA PROCESSING SERVICES 03/08/2021 7,511.00 72.00To cover graphic design work 20555 7,583.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 03/08/2021 9,053.00 -2,600.00To cover replacement camera 20541 5,260.00EBRADFORD 03/08/2021 9,053.00 -72.00To cover graphic design work 20554 5,188.00EBRADFORD 10-10-4900-5100-020 SALARIES 03/08/2021 259,697.00 6,000.00To cover MPA intern 20534 265,697.00EBRADFORD 10-10-4900-5300-441 C.S./ENG REVIEW 03/08/2021 45,000.00 -12,000.00To fund temp staff 0 33,000.00EBRADFORD 03/08/2021 45,000.00 -6,000.00To cover MPA intern 20533 27,000.00EBRADFORD 10-10-4900-5300-570 MISCELLANEOUS 03/08/2021 2,500.00 12,000.00To fund temp staff 20535 43,700.00EBRADFORD 10-10-6300-5300-570 MISCELLANEOUS 03/08/2021 3,000.00 -1,000.00To cover pedestrian bridge 20536 310.00EBRADFORD 10-10-6600-5300-080 TRAINING/CONF./CONV. 03/08/2021 15,000.00 -2,000.00To cover AED repairs 20552 7,000.00EBRADFORD 10-10-6600-5300-330 DEPARTMENTAL SUPPLIES 03/08/2021 200.00 2,000.00To cover AED repairs 20553 2,200.00EBRADFORD 10-20-5100-5300-158 MAINTENANCE - EQUIPMENT 03/08/2021 500.00 -300.00To cover vehicle cleaning, graphics & rep 20544 200.00EBRADFORD 10-20-5100-5300-530 DUES & SUBSCRIPTIONS 03/08/2021 200.00 50.00To cover membership renewals 20549 250.00EBRADFORD 10-20-5110-5300-158 MAINTENANCE - EQUIPMENT 03/08/2021 2,000.00 -500.00To cover vehicle cleaning, graphics & rep 20545 1,500.00EBRADFORD 10-20-5110-5300-161 MAINTENANCE - VEHICLES 03/08/2021 150.00 1,100.00To cover vehicle cleaning, graphics & rep 20547 1,250.00EBRADFORD 10-20-5120-5300-161 MAINTENANCE - VEHICLES 03/08/2021 500.00 -300.00To cover vehicle cleaning, graphics & rep 20546 200.00EBRADFORD 10-20-5120-5300-530 DUES AND SUBSCRIPTIONS 03/08/2021 300.00 -50.00To cover membership renewals 20548 250.00EBRADFORD 10-30-5550-5300-163 POLICE VEHICLE REPAIR 03/08/2021 25,000.00 2,607.00To record insurance pymt 20551 27,607.00EBRADFORD 10-71-6300-5982-006 TRANSFER TO GEN CAP IMPROV FUND 03/08/2021 0.00 1,000.00To cover pedestrian bridge 20537 4,500.00EBRADFORD 10-80-3880-3887-000 INSURANCE PROCEEDS 03/08/2021 0.00 2,607.00To record insurance pymt 20550 2,607.00EBRADFORD 30-80-8140-5300-165 MAINTENANCE - INFRASTRUCTURE 03/08/2021 15,000.00 1,000.00Spare pump for Blair Dr. booster pump sta 20559 17,500.00JDELLAVALL 30-80-8140-5300-330 SUPPLIES - DEPARTMENTAL 03/08/2021 100,000.00 -1,000.00Spare pump for Blair Dr. booster pump sta 20558 97,573.00JDELLAVALL 60-03-3870-3870-000 TRANSFER FROM GF-CONNECTIVITY EBRADFORD 9:06:14PM03/02/2021 fl142r03 Page 1 of 2 Admin. Admin. Admin. Planning Planning Planning Public Space Safety & Risk Mgmt Safety & Risk Mgmt Police- Admin Police - Admin Police- Patrol Police- Patrol Police- I&CS Police- I&CS Fleet Maint. Public Space GF- Revenue Water Distribution Water Distribution GF- Cap. Proj. Fund March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 38 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 03/08/2021 TO 03/08/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 03/08/2021 40,000.00 1,000.00To cover pedestrian bridge 20538 44,500.00EBRADFORD 60-03-3870-3870-002 BELLEVUE MILLS CONTRIBUTION 03/08/2021 0.00 8,000.00To record Bellevue Mill contribution 20556 8,000.00EBRADFORD 60-03-6300-5700-729 CONNECTIVITY INFRASTRUCTURE 03/08/2021 40,000.00 1,000.00To cover pedestrian bridge 20539 44,500.00EBRADFORD 03/08/2021 40,000.00 8,000.00To record Bellevue Mill contribution 20557 52,500.00EBRADFORD 23,214.00 EBRADFORD 9:06:14PM03/02/2021 fl142r03 Page 2 of 2 GF-Cap. Proj. Fund GF-Cap. Proj. Fund APPROVED: 5/0 DATE: 3/8/21 VERIFIED: ___________________________________ March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 38 DRAFT Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _planning staff_ to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): Amend UDO Sections 2.6 and 3 – Technical Review Committee The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan, and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): This amendment streamlines the review process, makes pre-application meetings mandatory and preserves the ability to appeal a denial to the Board of Adjustment. Adopted by the Town of Hillsborough Board of Commissioners this _8th day of _March, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 _____________ _________ Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 38 DRAFT Ordinance #20210308-6.E AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Unified Development Ordinance Section 2.6.1, Powers and Duties, is hereby amended to replace “authorized and directed to review and approve, conditionally approve or deny applications for Site Plan Approval pursuant to Section 3.13, Site Plan Review, of this Ordinance” with the phrase “an advisory group of Town staff members and outside agencies (as necessary) who meet to review and comment on development applications, discuss other matters related to the Town’s review and management of development” Section 2. Amend Section 2.6.2, Membership, to read as follows: The Technical Review Committee shall consist of at least three (3) members – the Planning Director, the Utilities Director, the Stormwater and Environmental Services Manager, and the Public Works Director or their designees. Representatives from other Town, Orange County and State departments, as well as local service providers (e.g., Duke Energy), may be asked to participate in meetings. Section 3. Amend Section 2.6.3, Rules of Procedure, to be titled “Meetings” and replace the language to read as follows: The Technical Review Committee shall establish a regular meeting schedule meeting frequently enough to act as expeditiously as practicable on matters before it. The Planning Director may adjourn a regular meeting on determining there are no agenda items for consideration and may call emergency or special meetings as necessary. Applicants may be invited to attend meetings as necessary to answer questions from, or provide clarifications requested by, Technical Review Committee members. Written comments of Committee members shall be filed with the Planning Department and delivered to applicants with projects under review. Section 4. Delete Section 2.6.4, Appeals. Section 5. Amend Section 3.5.4 to replace “Planning Director shall refer the request to the Technical Review Committee (TRC) for final review and approval” with “subdivision shall be reviewed as a Conditional Subdivision. The Planning Director has the authority to refer any minor subdivision request involving a new or existing private road to the Technical Review Committee.” Section 6. Amend Section 3.8.7, Pre-application and Section 3.9.5.2, Pre-application, to read to replace “are encouraged to” with “shall” and “Planning Director” with “the technical Review Committee.” March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 13 of 38 DRAFT Ordinance #20210308-6.E Section 7. Amend Section 3.11.2, Applicability to change the general statute reference to 160D- 1402, delete reference to the Technical Review Committee, and delete unnecessary commas. Section 8. Amend Section 3.11.4.4 to delete reference to the Technical Review Committee and delete unnecessary commas. Section 9. Replace the language in Section 3.13.2, Applicability, to read as follows: Site Plan Review is the general term used to describe review of projects other than (a) the construction of or addition to single family dwellings on lots zoned for single family uses and (b) uses requiring a Special Use or Conditional Use Permit, as Site Plan Review is built into the Special and Conditional Use Permit review processes. The Site Plan Review process is applicable only to proposed development involving: (a) The disturbance of 10,000 square feet or more of land and/or i. the construction of new structures consisting of more than 5,000 square feet of gross floor area, or ii. additions to existing structures consisting of more than 2,500 square feet of gross floor area in any general purpose residential or non-residential zoning district. Any development exceeding this threshold in a general-purpose residential district is required to pursue a Conditional Use Permit in accordance with the standards and provisions established by Section 3.9, Conditional Use Permit, of this Ordinance; and (b) the construction of attached dwelling units in any general-purpose zoning district that does not otherwise exceed a threshold above. Section 10. Amend Section 3.13.4.2, Pre-application Conference, by replacing “should” with “shall,” “Planning Director” with “Technical Review Committee,” inserting “concept” before “plan,” adding a comma after plan, and adding “and other Town Requirements” to end the sentence. Section 11. Amend Section 3.13.6.1 to delete “of” after the word “all” and replace “where (a) less than 1 acre of land will be disturbed by the proposed development, (b) no new structure consists of more than 2,500 square feet of gross floor area, and/or (c) no addition to an existing structure consists of more than 5,000 square feet of gross floor area” with “in any general-purpose zoning district. Approval or denial of the Site Plan shall be made within 30 days of the receipt of a complete application.” Section 13. Insert Section 3.13.6.2, Completeness review, to read as follows: Upon receipt of a Site Plan Review application, the Planning Director shall first determine whether the application is complete, including the payment of all required application fees. The Planning Director shall have five working days in which to determine application completeness. If the Planning Director determines the application is not complete, he shall notify the applicant in writing of the reasons for such determination. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 14 of 38 DRAFT Ordinance #20210308-6.E Section 14. Amend Section 3.13.6.3, Technical Review Committee, to read as follows: Upon determination that a complete application has been filed, the Planning Director shall refer the site plan to the Technical Review Committee. The Technical Review Committee shall review the plan at its next regularly scheduled meeting. Written Committee review comments shall then be forwarded to the applicant. Section 15. Delete Section 3.13.6.4, Section 3.13.6.5, Section 3.13.6.6, and Section 3.13.6.7. Section 16. Amend Section 3.13.7, Decisions on Site Plan Applications, have it read as a single sentence as follows: The Planning Director shall have the authority to approve site plans, or to deny site plan approval on the grounds that the site plan submitted fails to comply with any specific requirements of this Ordinance. Section 17. Amend Section 3.13.8.1 to remove reference to the Technical Review Committee and add “consistent with North Carolina General Statues Section 160D-405 at the end of the first sentence. Section 18. Amend Section 3.13.8.2 by deleting the second sentence. Section 19. Amend Section 3.13.8.4 by deleting the reference to the Technical Review Committee in the last sentence. Section 20. Delete Section 3.13.3 and renumber subsequent sections. References above are prior to the renumbering. Section 21. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 22. 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 8th day of March, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 15 of 38 DRAFT Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _planning staff_ to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): Amend UDO Sections 3.8 and 3.9 – Waivers and minor changes The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan, and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): This amendment clarifies an important distinction in the review process while introducing a small degree of defined flexibility that staff can administer when needed. Adopted by the Town of Hillsborough Board of Commissioners this 8th day of March, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 ______________________________ Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 38 DRAFT Ordinance #20210308-6.F AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Unified Development Ordinance Section 3.8.4.4 is hereby amended to delete 5 phrases reading “or modification(s)” in the paragraph. Section 2. Section 3.9.4.3 is amended to delete 5 phrases reading “or modification(s)” in the paragraph. Section 3. Section 3.8.22, Applying Criteria, is added to read as follows: Minor changes and modifications are reviewed only after a permit has been approved. The criteria shall be applied as follows: a) When the requested change creates a situation of non-compliance with a quantified standard in the ordinance but does not qualify as a modification under 3.8.21, staff may approve the request as a minor change without triggering a waiver. b) When the requested change modifies a feature or required standard with an approved waiver, the relief granted in the waiver is fixed and not subject to flexibility in 3.8.21. c) When the requested change is for relief similar to that in an approved waiver, but in a different location, that approved waiver cannot be applied to a different location. Staff may review the requested change independently and determine if it is a minor change. d) If the requested change qualifies as a modification under 3.8.21 and creates a non- complaint situation, it must be treated as a waiver and a modification. Section 4. Section 3.9.14, Applying Criteria, is added to read as follows: Minor changes and modifications are reviewed only after a permit has been approved. The criteria shall be applied as follows: a) When the requested change creates a situation of non-compliance with a quantified standard in the ordinance but does not qualify as a modification under 3.9.13, staff may approve the request as a minor change without triggering a waiver. b) When the requested change modifies a feature or required standard with an approved waiver, the relief granted in the waiver is fixed and not subject to flexibility in 3.9.13. c) When the requested change is for relief similar to that in an approved waiver, but in a different location, that approved waiver cannot be applied to a different location. Staff may review the requested change independently and determine if it is a minor change. d) If the requested change qualifies as a modification under 3.9.13 and creates a non- complaint situation, it must be treated as a waiver and a modification. Section 5. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 5. 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 8th day of March, 2021. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 17 of 38 DRAFT Ordinance #20210308-6.F Ayes: 5 Noes: 0 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 18 of 38 DRAFT Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _planning staff_ to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): Amend UDO Section 6.7 – Design Requirements The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan, and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): This amendment streamlines the design requirements to eliminate duplication and focus on the most important aspects of site and building design that reinforce the vibrant public space and human scale deserved in Hillsborough. Extending the applicability of the standards to multi- family dwellings improves the integration of these units into the broader community. Providing flexibility to large scale commercial projects that are auto-dependent allows for this desired land use as well. Adopted by the Town of Hillsborough Board of Commissioners this 8th day of March, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 _____________ _________ Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 19 of 38 DRAFT Ordinance #20210308-6.G AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Unified Development Ordinance, Section 6.7, Design Requirements For All New Non- Residential Buildings, is amended to be titled 6.7, Design Requirements For New Non- Residential And Multi-Family Buildings. Section 2. Section 6.7 is wholly replaced to ready as follows: 6.7.1 PURPOSE AND INTENT It is the intent of this section to protect and promote the public health, safety, and general welfare by regulating the appearance of non‐residential construction in order to protect and preserve the appearance, character, and value of adjacent properties. These requirements help create a pedestrian scale environment to encourage walkability and connect people to the built environment. 6.7.2 APPLICABILITY The following principles will apply to all new non‐residential buildings and multi‐family buildings containing 5 or more dwelling units. Some of the standards dependent on the building gross square footage. When a numbered standard contains a phrase “On buildings with at least one tenant space 30,000 sf or larger,” only the language that follows this phrase applies to larger buildings for that numbered standard. If there is no language regarding building size, the numbered standard applies in all circumstances. Section 6.7.11, Parking and Circulation, Site Layout, applies only to buildings without a tenant space 30,000 sf or larger and multi‐family buildings containing 5 or more dwelling units. These requirements are applied during development review. If renovation occurs that is non‐compliant with these standards and such renovation did not require a zoning compliance permit, the town may issue a stop work order or notice of violation to bring the building back into compliance. Subdivision or changes to parcel lines that impact compliance with these requirements but trigger no development will not create an illegal non‐conformity and is not sufficient reason to deny a subdivision application. 6.7.3 ARTICULATION 6.7.3.1. The facade shall be articulated with bays, recesses and projections, door and window rhythm, columns, piers, and/or varied rooflines to divide the building mass. 6.7.3.2. Design elements such as bays, recesses and projections, door and window rhythm, columns, piers, and/or varied rooflines shall be kept consistent along the front façade. 6.7.4 DRIVE‐UP WINDOWS, CANOPIES, AND PORTE COCHERES 6.7.4.1. Drive‐up windows, canopies, and porte cocheres shall be located on the side or rear of the building. 6.7.4.2. Drive‐up windows, canopies, and porte cocheres shall feature architectural materials and design elements that match the primary building. 6.7.5 FENESTRATION 6.7.5.1. Buildings shall not have a blank wall oriented to a street. 6.7.5.2. Openings such as windows and doors shall account for a minimum 50% on the ground floor of the façade and 30% of the upper floors of the facade. On buildings with at least one tenant space March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 20 of 38 DRAFT Ordinance #20210308-6.G 30,000 sf or larger, openings such as windows and doors shall account for a minimum of 30% of the front façade. 6.7.5.3. Street level glazing shall be visually transparent, although UV coatings are permitted. Mirrored glass is prohibited. 6.7.5.4. Windows shall have a vertical‐to‐horizontal ratio of 1:2 except where storefront glass is employed. Two or more vertically oriented windows may be grouped together provided windows grouped are the same size. This does not apply to buildings with at least one tenant space 30,000 sf or larger. 6.7.5.5. Design treatments intended to simulate windows that have been covered or filled in are prohibited. 6.7.6 MATERIALS 6.7.6.1. Changes of building materials shall occur at a change of plane, such as a recess, projection. 6.7.6.2. Buildings shall not have material changes at their outside corners. 6.7.6.3. Dominant building materials shall consist of wood, brick, stone, fiber cement, pre‐cast concrete, ceramic tile, or glass. Concrete block, stucco, EIFS, plywood, metal and vinyl siding are prohibited as exterior finishes. Architectural metal may be used as a secondary building material to accent or complement the dominant building material. 6.7.7 MULTISTORY BUILDINGS 6.7.7.1 The first floor shall be architecturally differentiated from upper floors using porches, colonnades, canopies, awnings, storefronts, or other design features. 6.7.7.2 The front façade shall be integrated with the overall building architecture. False facades are prohibited. 6.7.8 ORIENTATION AND BUILDING ACCESS 6.7.8.1. The primary building access for non‐residential and mixed‐use buildings shall be oriented toward and clearly identifiable from the street or if located on a corner lot may be oriented toward the corner that is nearest the street intersection. When there is more than one street in the vicinity, staff shall determine which street is applicable to meet the purpose and intent of this standard. 6.7.8.2. The primary building access for residential buildings shall be oriented toward and clearly identifiable from the street and the intended residential parking area. 6.7.8.3. ADA compliant sidewalks shall be provided between building entrances and public sidewalks. 6.7.8.4. ADA compliant handicap ramps shall be provided where sidewalks intersect streets or parking areas. 6.7.8.5. Crosswalks shall be provided where sidewalks intersect streets or parking areas. 6.7.9. POSTS AND COLUMNS 6.7.9.1 The proportion of structural elements such as posts, piers and columns shall be appropriately scaled to the weight they appear to be carrying. 6.7.10. ROOF PITCH 6.7.10.1. Flat roofs shall be capped by a parapet wall. 6.7.10.2. Sloped roof structures must maintain a pitch of at least 5:12, not including awning, canopy, entrance, or porch roofs. 6.7.10.3. Rooftop equipment shall be screened from view when standing at ground level 20 feet from the structure. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 21 of 38 DRAFT Ordinance #20210308-6.G 6.7.11 PARKING AND CIRCULATION, SITE LAYOUT 6.7.11.1 Applicability This section applies to all buildings unless at least one tenant space within a building is 30,000 sf or larger. A building size equal to or exceeding 30,000 sf but divided into smaller tenant spaces, the presence of multiple buildings, multiple primary buildings, or buildings oriented in different directions does not affect applicability. If multiple buildings are considered primary, the requirements will be applied to each building to the extent that such application does not create a clear violation of these requirements for the site overall. 6.7.11.2 The preferred location for parking areas is behind a line projected from the building façade. However, if needed, one row of parking and a two‐lane drive aisle for vehicular circulation may be located between the primary building and the right‐of‐way. Parking areas shall be placed to the side or rear and behind the front façade of the primary building(s). 6.7.11.3 Primary buildings shall be placed along the right‐of‐way at the front of lot or immediately behind any allowed parking or circulation areas, sidewalks, and landscape areas. 6.7.11.4 On corner lots, primary buildings shall be placed along the right‐of‐way at front or front corner of the lot or immediately behind any allowed parking or circulation areas, sidewalks, and landscape areas. 6.7.12 SERVICE AREAS AND ACCESSORY BUILDINGS 6.7.12.1 Delivery areas shall be located to the side or rear of the building. 6.7.12.2 Service bay and garage doors shall be located to the side or rear of the building. 6.7.12.3 Solid waste areas shall be constructed primarily of masonry. 6.7.12.4 Accessory buildings shall not be located between the front façade of the primary building and the street. 6.7.12.5 Accessory buildings shall be architecturally compatible with the primary building. Section 3. Section 5.2.2.1.d and 5.2.38.1.d are amended to read “Drive-up windows shall be located on the side or rear of the building.” Section 4. Section 5.2.40.1.c is amended to read Section 5. Section 5.2.40.1.d is amended to read “Drive-up windows shall be located on the side or rear of the building.” Section 6. Section 5.2.44.1.d is amended to read “Drive-up windows and their menu boards shall be located on the side or rear of the building.” Section 7. Section 6.16.3.2.c is amended to read “Air handling units, condensers, satellite dishes and other equipment that is placed on the roof shall be screened from view when standing at ground level 20 feet from the structure.” Section 8. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 9. 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 8th day of March, 2021. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 22 of 38 DRAFT Ordinance #20210308-6.G Ayes: 5 Noes: 0 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 23 of 38 DRAFT Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _planning staff_ to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): Amend UDO Section 6.21 - Streets The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan, and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): This amendment provides an important cross-reference for safety that might not otherwise be found by applicants until the end of the design process. Adopted by the Town of Hillsborough Board of Commissioners this 8th day of March, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 _____________ _________ Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 24 of 38 DRAFT Ordinance #20210308-6.H AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Unified Development Ordinance, Section 6.21.3.8 is amended to replace “Appendix D of the Fire Code” with “North Carolina Fire Prevention Code” for clarity and consistency. Section 2. Section 6.21.4.2 is amended read as follows: Any private road within a minor residential subdivision must be designed in compliance with the North Carolina Fire Prevention Code, which generally requires a twenty-foot wide improved travel way. Associated drainage facilities must be located in the right of way. Underground utilities may be located within the road right of way or in a separate utility easement. Factors such as the length and alignment of the road and the use of sprinklers in individual buildings may impact the travel way or right of way required by the North Carolina Fire Prevention Code. Section 3. Section 6.21.4.3 is amended by deleting the last sentence. Section 4. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 5. 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 8th day of March, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 25 of 38 DRAFT Ordinance #20210308-7.A AN ORDINANCE CHANGING A STREET NAME IN HILLSBOROUGH CITY LIMITS THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Whereas a petition has been made to change the name of an existing public street in the Hillsborough city limits; and Whereas the petition meets the standards in Town Code Section 7-37; and Whereas the Town Board called a public hearing on the request and notice was provided are required in Town Code Section 7-37; and Whereas the Town Board has considered all testimony from that public hearing. NOW, THEREFORE, be it ordained as follows: Section 1. The street known as Thomas Ruffin Street shall be renamed and known as Lydia Lane on the effective date of this ordinance. Section 2. The town shall notify each affected property owner and the notification list for address assignments of this action as soon as practicable. Section 3. All Town Code references to Thomas Ruffin Street shall be updated to reflect the name change. Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 4. This ordinance shall become effective on May 7, 2021 to allow time for new street sign installation and other activities to ease the transition. The foregoing ordinance having been submitted to a vote received the following vote and was duly ADOPTED this 8th day of March, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 26 of 38 DRAFT March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 27 of 38DRAFT March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 28 of 38DRAFT H.Carlton McKee, Jr. 225 Caine St. Hillsborough, N. C. March 9, 2021 To: Members of the Hillsborough Town Board Re: Thomas Ruffin Street As a lifelong resident of the neighborhood that includes Thomas Ruffin St. I watched with interest the discussion about re-naming the street. While my neighbors bring up factual points and passionate arguments regarding Chief Justice Thomas Ruffin (1787-1870) and his interpretation of 19th century law it is in this case moot. For Thomas Ruffin Street was not named for the Chief Justice, it was named for his 8th child and 4th son Thomas Ruffin, Jr. (1824-1889). Thomas Ruffin, Jr. like his father was an attorney and he did also serve a two year term (1881-1883) on the N. C. Supreme Court, though he was never the Chief Justice. He practiced law in his early career primarily in Caswell and Rockingham Counties, and later after the Civil War in Alamance and Guilford. It was not until December 1870, almost a year after the death of his father, when he returned to his native Hillsborough. In 1858 he had married Mary Clack Cain (1827-1908), also a Hillsborough native and upon their return they purchased property and built a home on St. Mary’s Rd. a quarter mile east of the then town limits. The house is still standing today and is now addressed as 311 St. Mary’s Rd. The property in addition to the home and dependencies also had a modest amount of acreage. After the deaths of Thomas and Mary Ruffin, the property was acquired by Mr. A. S. Mitchell. Mr. Mitchell (1868-1949) made his home there and with his wife Carrie Moorefield Mitchell raised a family. Mr. Mitchell owned and operated a hardware store at the NE corner of King and Churton Streets. The business after his death was operated by two of his sons and remained a downtown fixture into the 1960’s. Another of Mr. Mitchell’s enterprises was real estate. In the late teens or early twenties of the last century he developed the property that he had acquired with his home from the Ruffin estate. In the course of this development he would create 3 new streets and extend an existing one. East Queen Street was extended from its ending with Boundary St. (now known as Cameron), Cain Street named for Mrs. Ruffin was the northern limit of the development and the two north-south streets he named Ruffin for Thomas Ruffin, Jr. and Mitchell after himself. The first house in this new development on the outskirts of town, for it was not annexed by the town until the late 1960’s, was the house located at 229 E.Queen St. and was built in 1922-23. Growth was slow and it really wasn’t until after WWII that the development finally filled out. The streets remained unpaved until the mid 1960’s. For the first 50+ years of its existence, Ruffin Street was just that: Ruffin St. Hillsborough had a Ruffin St. and West Hillsborough, which at that time was an un-incorporated mill village with its own Post Office had a Ruffin Ave. In the period around 1968-1970 the Postal Service decided that Hillsborough had grown enough to warrant door to door delivery of mail. Prior to that time if you lived in Hillsboro and received mail you could only get it general delivery or by renting a P. O. Box at the Post Office. It was a few years after this in an effort to avoid confusion that the streets were assigned their “given names” of Thomas for the Hillsborough one, and Allen for the one in West Hillsborough. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 29 of 38 DRAFT In summary, Thomas Ruffin Street is located on land that was once owned by Thomas Ruffin, Jr., and developed by the successive owner of that property. The developer being 2 years old when Thomas Ruffin the elder died and in all likelihood never having even met the man had no reason whatsoever to commemorate the Chief Justice with the naming of a street. He did have reason to do so with Thomas Ruffin, Jr. who he succeeded as owner. Further, were it not for confusion of postmen, it never would have gotten the “Thomas” added to it at all. If it is the decision to the Board to rename Thomas Ruffin Street, I would respectfully ask that it not be renamed for the reasons outlined in the public hearing last night. My friends and neighbors have the right to feel comfortable in their address, but facts matter and the fact is that Thomas Ruffin Street is not named after the Chief Justice. If it must be renamed do so, but the only fault of the elder Mr. Ruffin that may be assigned as reason is procreation. March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 30 of 38 DRAFT COMMENTS ON HILLSBOROUGH BOARD OF COMMISSIONERS PLAN TO CHANGE NAME OF THOMAS RUFFIN STREET Presented here are truthful FACTS that are relevant to this discussion. These are FACTS I never learned in school, and since they are not part of Common Core curriculum or the current main stream news narrative, maybe these are facts that you never learned either? Have you ever found yourself in a difficult position, forced to do something you didn’t want to do? Judge Thomas Carter Ruffin was born in Virginia in 1787 (to Alice Roane Ruffin and Sterling Ruffin) father was member of Virginia House of Burgesses, a farmer and Methodist minister Thomas attended (prestigious) boys school in Warren County NC College of NJ (now known as Princeton), graduated with honors He moved to Orange County in 1807 to practice law in Hillsboro married a local girl, Anne Kirkland, in 1809 they had 14 children and eventually moved to Haw River in Alamance County 1830 He died 1870 considered very smart especially in areas of law, finance and agriculture well liked by members of the community and colleagues interested in politics Jeffersonian Democrat, “antifederalist” believed in original Constitution, natural law, minimal national government, self managing States (resisted giving more power to national government) (Constitution as written, stable, not a living document) (US struggled to adapt England’s common law into Constitution) (addition of Bill of Rights necessary to ensure natural law specifically incorporated) (question intent of Constitution, force answers written in Federalist Papers to clarify) believed in maintaining separation of powers as described in Constitution, between judicial and legislative branches of government and he served in both actively supported independence of judicial branch from legislative branch in NC (NC legislature attempted to constrain higher courts in various ways) 8 March 2021 Remarks regarding the renaming of Thomas Ruffin Street page 1 Anonymous public comment submitted 3/9/21 by former resident.March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 31 of 38 DRAFT as NC Supreme Court justice, wrote particularly important opinion of the court (for Hoke v Henderson 1833) (General Assembly passed a bill calling for the democratic election of clerks of court 1832) clearly defined boundaries between legislative and judicial branches of NC government thereby protected higher courts from legislative efforts to constrain them Widely engaged in Civic Activities elected to legislature, House of Commons 1813 and elected Speaker of House 1816 trustee of University of North Carolina Chapel Hill 1813 - 1831, 1842 - 1868 gave land on Margaret Street where St Matthew’s Episcopal Church was rebuilt 1825 appointed president of State Bank of North Carolina 1828 left NC Superior Court to run the troubled bank brought it out of debt in one year, apparently saving it from bankruptcy left bank to join NC Supreme Court president of the North Carolina Agricultural Society 1854 - 1860 participated in secession conversation at state and national level, though struggled with the issue represented NC as the senior (eldest) member of the Peace Conference in Washington DC, early 1861 declared that he didn’t want war and that he supported the original Constitution “I came to maintain and preserve this glorious Government! I came here for Union and peace!” 1861 after attempts for compromise failed at the Conference, he was frustrated and disenchanted reluctantly shifted his position to what he called “sacred right of revolution”… “the right of a whole people to change their form of government by annulling one Constitution and forming another for themselves” attended Secession Convention in Raleigh, April 1861 (“by reason of various illegal, unconstitutional, oppressive and tyrannical acts of the Government of the USA, and of unjust acts of divers of the Northern non-slaveholding States, it is the settled sense of the people of this state that they cannot longer live in peace and security in the Union heretofore existing under the Constitution of the United States.”) 8 March 2021 Remarks regarding the renaming of Thomas Ruffin Street page 2 March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 32 of 38 DRAFT (supported Confederacy because he believed southern states exercised a legitimate right to revolution by seceding from the Union) “[Ruffin] endorsed secession… only as a revolutionary act against an oppressive federal government that he believed had already destroyed the existing Constitution.” -- Timothy Huebner pardoned after the Civil War by Andrew Johnson, (before his death) Legal and Judicial Work despite all of these interests, accomplishments and contributions, Thomas is most recognized and noted for his legal and judicial endeavors known for speaking plainly, following the law as written (as opposed to his feelings), seeking precedent in previous cases when law was unclear, striving to represent best interest of the general public recognized as one of the best legal minds in American history, opinions widely cited especially in areas of eminent domain, trespass, private property practiced law in Hillsboro served on NC courts for about 25 years, including as Chief Justice of NC Supreme Court all together, heard over 1400 cases as judge and yet recently, ALL public discourse on Thomas Ruffin focuses on ONE opinion of the court that he wrote for the case State v Mann As we are all aware, this particular case addresses the rights of slave owners and is being used as an emotionally divisive tool in the current political environment. EVERYONE surely agrees that slavery of ALL types is WRONG (Irish children were first slaves arriving to USA) (slavery still exists today – rampant both here in USA and around world) EVERYONE surely agrees that the extraordinarily harsh treatment of Lydia in this case of State v Mann is ABHORRENT by any measure of law 8 March 2021 Remarks regarding the renaming of Thomas Ruffin Street page 3 March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 33 of 38 DRAFT OK, so now, trying to keep our emotions in check let’s look at a few more FACTS that everyone may not yet realize What were Thomas Ruffin’s thoughts on slavery? He wrote a lot of letters while he was away at college, revealing some insights after having expressed misgivings about slavery in one letter to his father, his father replied: “I was not surpris’d at reading your sentiments on Slavery, as I was well aware of the impressions which a different mode of treatment than that pursued in Virginia, would make on a Heart, which I hop’d was capable at all times of sympathizing in the misfortunes of a fellow mortal.” yet his father also chastised his son for lamenting the “uncommon hard fate” of slaves without being able to ameliorate the situation, (writing: “You will not pretend to throw blame on the present generation, for the situation of these unhappy domestics, for as they are impos’d on us, and not with our consent, the thing is unavoidable.”) upon learning of Thomas’ decision to study law, a close friend in Virginia wrote: 1805 “My principal inducement for adopting this method of gaining a livelihood is the great aversion which I have to the manner of cultivating our lands in Virginia by slaves. I feel myself utterly incompetent to the task of managing them properly. I never attempt to punish or to have one punished but I am sensible that I am violating the natural rights of a being who is as much entitled to the enjoyment of liberty as myself. Under such impressions as these I can never be happy while I am forced to act in a manner which my conscience reproaches me for.“ Ruffin was known for including personal remarks in his legal opinions, so next, let’s read the thoughts he provided in both the introductory and closing remarks of the court opinion he wrote for the State v Mann case this opinion was written shortly after his joining the NC Supreme Court 1829 Court opinion opens with this introduction (direct quote): “A Judge cannot but lament, when such cases as the present are brought into judgment. It is impossible that the reasons on which they go can be appreciated, but where institutions similar to our own, exist and are thoroughly understood. The struggle, too, in the Judge's own breast between the feelings of the man, and the duty of the magistrate is a severe one, presenting strong temptation to put aside such questions, if it be possible. It is useless however, to complain of things inherent in our political state. And it is criminal in a Court to avoid any responsibility which the laws impose. With whatever reluctance therefore it is done, the Court is compelled to express an opinion upon the extent of the dominion of the master over the slave in North Carolina. “ Opinion eventually closes with these words, just before the judgment is delivered: 8 March 2021 Remarks regarding the renaming of Thomas Ruffin Street page 4 March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 34 of 38 DRAFT “I repeat, that I would gladly have avoided this ungrateful question; but being brought to it, the Court is compelled to declare that while slavery exists amongst us in its present state, or until it shall seem fit to the legislature to interpose express enactments to the contrary, it will be the imperative duty of the judges to recognise the full dominion of the owner over the slave, except where the exercise of it is forbidden by statute.“ Did you catch that? He told us exactly how to eliminate the problem of slavery – the legislature must change the laws! Lastly, let’s look at the thoughts of the famous abolitionist, Harriet Beecher Stowe, concerning this very case and Judge Thomas Ruffin, himself 24 years after the State v Mann decision, Harriet Beecher Stowe featured the case in her book titled A Key to Uncle Tom’s Cabin, Presenting the Original Facts and Documents upon Which the Story Is Founded, Together with Corroborative Statements Verifying the Truth of the Work 1853 this book was a response to criticisms she had received from Southerners who challenged the depictions of slavery in her book Uncle Tom’s Cabin A Key to Uncle Tom’s Cabin contained research and commentary taken from actual legal cases across the various states, verifying her characterization of slavery She highlights Judge Ruffin’s definition of slavery as presented in the case of State v Mann… “This is what slavery is, this is what it is to be a slave!” (page 133)… recognizing that the term had not been so clearly defined before. But the real surprise: she SUPPORTED Judge Ruffin’s handling of the case, acknowledging the difficulties of the situation Here is the commentary in her exact words (direct quote): “No one can read this decision, so fine and clear in expression, so dignified and solemn in its earnestness, and so dreadful in its results, without feeling at once deep respect for the man and horror for the system. The man, judging him from this short specimen, which is all the author knows, has one of that high order of minds which looks straight through all verbiage and sophistry to the heart of every subject which it encounters. He has, too, that noble scorn of dissimulation, that straightforward determination not to call a bad thing by a good name, even when most popular, and reputable, and legal, which it is to be wished could be more frequently seen, both in our Northern and Southern States. There is but one sole regret; and that is, that such a man, with such a mind, should have been merely an expositor, and not a reformer of law.“ (pg 148- 149) 8 March 2021 Remarks regarding the renaming of Thomas Ruffin Street page 5 March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 35 of 38 DRAFT It is that last line that clearly illustrates the Constitutional separation of powers involved between the judiciary and the legislature as she describes her “one sole regret,” that “such a mind” as Ruffin’s should have been “merely an expositor,” representing the judiciary, which is charged with interpreting, defending and applying the law “and not a reformer of the law.” representing the legislature, which is charged with making the laws Conclusion It is obvious that relevant FACTS are being withheld from the general public. Quite the contrary, outright FALSEHOODS are being spread instead. The record should show that Judge Thomas Ruffin contributed prolifically to his community, the State of North Carolina and his profession in many positive ways. He did NOT agree with slavery, was outspoken about his personal feelings on the matter as well as his professional predicament regarding the issue, and provided information on how to solve this travesty in a manner consistent with the Constitution. While his legal opinions often voiced personal concerns, he stressed the importance of following logic of the law and consistency -- even if it contradicted the heart -- because the whole structure of the system would collapse otherwise. (I don’t know why some are so fixated on smearing this man, but there are nefarious forces at play here whoever is involved, they are not American patriots. only an anarchist would prefer a system collapse.) Whether the discussion concerns portraits or statues, school names or street names, I ask you to remember the question I posed earlier: Have you ever found yourselves in a difficult position, forced to do something you didn’t want to do? Then consider: Would you want to be judged solely on your actions in those relatively few, most difficult moments? 8 March 2021 Remarks regarding the renaming of Thomas Ruffin Street page 6 March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 36 of 38 DRAFT Town Board’s Statement per N.C. Gen. Stat. 160A-383 The Town of Hills borough Town Board has received and reviewed the application of _David Morgan on behalf of the owner_ to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): To rezone 618 and 700 NC 86 N - 5.68 acres on the west side –from Residential 40 to Light Industrial (part of OC PIN 9865-83-2863 and 9865-83-4707) The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan, and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): The area is designated Light Industry on the Future Land Use Plan. Despite the lack of water and sewer facilities in the vicinity, the zoning is consistent with uses to the north and south. The lack of sewer availability to the site will limit the development potential. Adopted by the Town of Hillsborough Board of Commissioners this 8th day of March, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 _____________ _________ Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 37 of 38 DRAFT Ordinance #20210308-7.B AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Whereas an application has been made for the rezoning of the property herein; and Whereas the application has been referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town Board with a written recommendation addressing the consistency of the proposed rezoning with the Town’s comprehensive plan and such other matters as the Planning Board deemed appropriate; and Whereas the Town Board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the Town’s comprehensive plan and explaining why the action contemplated by the Town Board as reflected herein is reasonable and in the public interest. NOW, THEREFORE, be it ordained as follows: Section 1. The Zoning Map of the Town of Hillsborough is hereby amended to rezone 5.68 acres at 618 and 700 NC 86 N from Residnetial-40 to Light Industrial (OC PINs 9865-83-2863 and 9865-83-4707). 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 8th day of March 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk March 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 38 of 38 DRAFT Minutes Board of Commissioners Remote work session 7 p.m. March 22, 2021 Virtual meeting via YouTube Live Town of Hillsborough YouTube channel Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Absent: None 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, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Town Manager Eric Peterson, Utilities Director Marie Strandwitz, 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 Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Commissioner Evelyn Lloyd seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Commissioners Mark Bell, Robb English, Ferguson and Lloyd. Nays: None. Absent: Commissioner Matt Hughes. 3.Items for decision ― consent agenda A.Miscellaneous budget amendments and transfers B.Miscellaneous Tourism Development Authority budget amendments and transfers Motion: Bell moved to approve all 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. 4.In-depth discussion and topics A.Discussion about size and preferred uses for future train station building in preparation for RFQ for design services March 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 1 of 7 DRAFT Public Space Manager Stephanie Trueblood reminded the board that the scope of this project was discussed last May when staff presented two possible scenarios for the building. Due to the COVID-19 pandemic, work was delayed until now for preparing a request for qualifications for design of the site and building. Hughes joined the meeting at 7:04 p.m. Trueblood reviewed that 7,000- and 10,000-square-foot options had been presented to the board, with the smaller option as the original concept for a future train station and the larger allowing the town to contribute to the state project for a larger building it could grow into. She said the pandemic has changed thinking on space needs and the town’s budget. She noted that last year the board wanted to have both options designed and then pick one. She said that is not ideal for managing time and resources and there is a limit on the amount of project funding that can be used for design. Designing both options would require the town to contribute to design costs and to provide the funding immediately. Trueblood said construction costs also are higher now, and the project estimates were based on costs five years ago. She said it would be wise to assume the project will be more expensive. The public space manager said staff believe the building should have a community meeting space and daily presence of users to ensure safety. She also noted the town’s climate action work and said sustainability measures add costs to achieve energy savings. Given the various factors, staff’s current recommendation is to seek design services for the smaller building, she said. She asked for direction from the board on the size and use of the building. She noted a portion of the building has to be set up for the train station, but the rest can be utilized by the town. Board discussion included provision of restrooms with exterior access for the housing insecure, use of sustainable building practices, uses of a potential public meeting space, and pedestrian access. It was noted that design of the train station platform is not part of the primary budget for this project since work within the rail corridor is considered separate and must be approved by the rail corridor’s owner. Trueblood said staff have secured $100,000 for a design and feasibility plan for a greenway that includes the Collins Ridge development. She said there is no easy way to get from the site to downtown Hillsborough, given difficult topography, the river and railroad. There was discussion about the size options and vertical building. Assistant Town Manager and Planning Director Margaret Hauth reminded the board that a third of the 7,000-square-foot building would be the actual train station. While the town is accepting maintenance of the station, the state is paying to build an extra 4,000 to 5,000 square feet that the town would not otherwise build due to higher priorities. She said the station likely would be single story because of added costs when adding a story. There was agreement to include the use of sustainable building practices in the request for qualifications for design services. There was discussion about building for the future. Trueblood noted there may be other funding sources in coming years and the town owns additional land around the planned station. She said future sites can be infilled with the types of building the town wants, such as flex office space and cultural and arts institutions. There was discussion about any potential environmental concerns in building one story vs. multiple stories and the cost of building a carbon-neutral building. Trueblood said it would be better to build vertically for much bigger buildings due to the amount of impervious surface. She said prior to the pandemic, a net-zero building could add about 10% in costs with a good architect. March 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 2 of 7 DRAFT Motion: Ferguson moved to prepare a request for qualifications for the design of a net-zero building. Hughes seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. The mayor asked for confirmation that the board wants the smaller building option. Ferguson asked to hear the town manager’s thoughts. Town Manager Eric Peterson noted that building projects generally do not come in under budget and that building a net-zero building will increase the cost. He said if the board wants the larger building, it should delay the vote and determine what can be removed from the budget. He reiterated that town land could be reserved for a particular use. He also noted that if extra space is built into the train station, it likely would need to be retrofitted later for actual use. English noted he would like to see the station’s outside space designed for public space use. Motion: Ferguson moved to prepare a request for qualifications for the design of a 7,000-square-foot building. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. B. Budget “Mini” Retreat 1. Update on Utilities Projects Utilities Director Marie Strandwitz provided a detailed update of the town’s water and wastewater systems and preliminary findings of three consultant evaluations performed in the past year. Among updates, she said consumption averages for 2020 show the town remains below its permitted capacity for treating 3 million gallons per day each of water and wastewater. Wastewater treatment also remains below 80% capacity, the point at which the state requires systems plan for an increase. The preliminary consultant findings show an estimated $25 million in projected sewer system needs: Sewer collection system modeling ― Using projected growth through 2040 (including potential projects based on available land), the modeling shows a need for $18.5 million in improvements to handle peak capacity in dry weather. Of that, $17.5 million would be needed earlier to meet 2025 demand. Strandwitz said focus should be placed on improving pump stations and major interceptors in two zones, one of which is where growth is expected. She said the scenario used is for dry weather and does not account for inflow and infiltration. River Pumping Station ― The recommendation is to discontinue this pump station’s use and build a more efficient station outside the Eno River floodplain. The preliminary estimate is $7 million. Among issues, the station built in the early 1970s needs replacement pumps; replacement pumps would not fit; major improvements would require improvements to meet current electrical and structural codes; and the site presents safety hazards for employees. The consultant also recommends increasing the station’s capacity from 5.8 million gallons per day to 6.8 to handle 2040 growth projections and peak flow. Rainfall can greatly increase the flow. March 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 3 of 7 DRAFT Water system redundancy ― The top recommendations for additional valves or pipe connections to minimize service disruptions and to provide redundancy in an emergency would cost about $400,000. The evaluation also looked at the town’s water storage capacity and determined when service disruption would occur if the Water Treatment Plant failed. Strandwitz said she does not have estimated costs yet for improvements related to storage capacity and plant outages. She said standpipe tanks contain a larger ineffective volume of water than pedestal tanks. She would like to replace the standpipe tank on Hassell Street, which is the town’s smallest tank and likely built in the 1950s. Strandwitz noted the costs are high level estimates that include contingency funds and she is still analyzing the data. Some improvements could reduce other needs and costs. She noted additional recommended water system projects, including adding revised development data to the town’s water distribution modeling system and performing modeling similar to the sewer collection system modeling. That evaluation by a consultant likely would cost about $60,000 to $80,000. There was some discussion among staff and the board about potential sites for a new pump station and funding options for the recommended projects. The town manager said staff would return to the board in May with an initial proposal for how to approach the utility needs. 2. Departmental Services Discussion Town Manager Eric Peterson said this discussion was brought forth because of work to develop a strategic plan, which narrows focus. He said it is important to be mindful of how much staff are doing and what they can take on. He said that more services likely could have been added to the six-page listing of departmental services included in the board’s agenda packet. Assistant to the Manager and Deputy Budget Director Jen Della Valle said the town’s strategic plan ultimately may contain fewer initiatives than what might be in plans for larger organizations, but staff want to be confident they can deliver what is proposed. The mayor and several commissioners expressed appreciation for the work accomplished by the town’s small staff of about 100. There was discussion that: • Staff should let the board know when they can’t take on more or provide a timeline for getting to a requested task. • The board should consider whether a requested service strays out of traditional municipal offerings. • Some community members are moving from parts of the country with different divisions of labor and may not know what services to expect from the various levels of government in North Carolina. 5. Other business None. 6. Committee updates and reports Board members gave updates on the committees and boards on which they serve. 7. Adjournment Motion: Ferguson moved to adjourn at 9:52 p.m. Lloyd seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Respectfully submitted, March 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 4 of 7 DRAFT Sarah Kimrey Interim Town Clerk Staff support to the Board of Commissioners March 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 5 of 7 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 03/22/2021 TO 03/22/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-3200-3100-000 OCCUPANCY TAX 03/22/2021 27,000.00 5,419.00Adj to actual 20581 32,419.00EBRADFORD 10-10-4200-5100-010 OVERTIME COMPENSATION 03/22/2021 1,000.00 439.00To cover OT overage 20582 1,439.00EBRADFORD 10-10-4200-5100-020 SALARIES 03/22/2021 753,180.00 -439.00To cover OT overage 20583 748,410.00EBRADFORD 10-10-4400-5100-010 OVERTIME COMPENSATION 03/22/2021 700.00 229.00To cover OT overage 20584 929.00EBRADFORD 10-10-4400-5100-020 SALARIES 03/22/2021 329,568.00 -229.00To cover OT overage 20585 329,339.00EBRADFORD 10-20-5100-5300-320 SUPPLIES - OFFICE 03/22/2021 5,000.00 -1,000.00To cover in-car camera repairs 20574 4,000.00EBRADFORD 10-20-5100-5300-330 SUPPLIES - DEPARTMENTAL 03/22/2021 500.00 -250.00To cover new hire training bonus 20578 250.00EBRADFORD 10-20-5110-5100-030 BONUS PAY 03/22/2021 2,100.00 250.00To cover new hire training bonus 20579 6,836.00EBRADFORD 10-20-5110-5300-080 TRAINING/CONF./CONV. 03/22/2021 4,000.00 -600.00To cover in-car camera repairs 20575 100.00EBRADFORD 10-20-5110-5300-158 MAINTENANCE - EQUIPMENT 03/22/2021 2,000.00 2,400.00To cover in-car camera repairs 20577 3,900.00EBRADFORD 10-20-5120-5300-080 TRAINING/CONF./CONV. 03/22/2021 3,450.00 -800.00To cover in-car camera repairs 20576 2,650.00EBRADFORD 10-50-6250-5300-002 PAYMENTS - TDA 03/22/2021 27,000.00 5,419.00To cover higher than anticpated revenues 20580 32,419.00EBRADFORD 30-80-8220-5300-458 DATA PROCESSING SERVICES 03/22/2021 588.00 9.00To cover gate database overage 20564 704.00JDELLAVALLE 30-80-8220-5300-570 MISCELLANEOUS 03/22/2021 4,610.00 -9.00To cover gate database overage 20563 4,594.00JDELLAVALLE 71-00-3300-3301-000 EARNED REV-AFFORDABLE HOUSING 03/22/2021 91,000.00 -91,000.00To reverse budget amount 20565 0.00EBRADFORD 71-10-4900-5300-364 AFFORDABLE HOUSING EXPENDITURES 03/22/2021 91,000.00 -91,000.00To reverse budget amount 20566 0.00EBRADFORD 75-71-3870-3870-156 TRAN FR W/S US BUS 70 WTR PHASE I 03/22/2021 299,741.50 19,320.00To record Water SDFs 20586 580,525.50EBRADFORD 75-71-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I 03/22/2021 299,741.50 19,320.00To record Water SDFs 20587 580,525.50EBRADFORD 76-71-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB 03/22/2021 1,008,106.50 10,810.00To record Sewer SDFs 20588 1,228,630.50EBRADFORD 76-71-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS 03/22/2021 1,008,106.50 10,810.00To record Sewer SDFs 20589 1,228,630.50EBRADFORD -110,902.00 EBRADFORD 8:54:12AM03/17/2021 fl142r03 Page 1 of 1 GF- Revenue Admin. Admin. Accounting Accounting Police- Admin. Police- Admin. Police- Patrol Police- I&CS Police- I&CS Police- I&CS Economic Development WWTP WWTP GF- Cap Reserve Fund GF- Cap Reserve Fund Water SDFs Water SDFs Sewer SDFs Sewer SDFs APPROVED: 4/0 DATE: 3/22/21 VERIFIED: ___________________________________ March 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 6 of 7 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 03/22/2021 TO 03/22/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 73-00-3200-3100-000 OCCUPANCY TAX 03/22/2021 27,000.00 28,000.00To account for higher than anticpated reve 20561 55,000.00EBRADFORD 73-51-6250-5300-040 AUDIT FEES 03/22/2021 5,000.00 3,090.00To cover early work on FY21 audit 20560 8,090.00EBRADFORD 73-51-6250-5300-998 3% HOLDBACK OCCUPANCY TAX 03/22/2021 810.00 1,565.00To cover 3% adj & Q4 FY20 pymt 20562 2,375.00EBRADFORD 32,655.00 EBRADFORD 4:21:15PM03/17/2021 fl142r03 Page 1 of 1 TDA TDA TDA APPROVED: 4/0 DATE: 3/22/21 VERIFIED: ___________________________________ March 22, 2021 Board of Commissioners Work Session Approved: ____________________ Page 7 of 7 DRAFT Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Administration - Budget 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: 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: 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 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 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 Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 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: Approval of membership agreement for Clean Water Education Partnership (CWEP) services Attachment(s): 1. Membership agreement for Clean Water Education Partnership (CWEP) services Brief Summary: The Clean Water Education Partnership (CWEP) is requiring members to sign an agreement in order to ensure that local government participation in CWEP will count towards Municipal Separate Storm Sewer System (MS4) Phase II permit requirements. The Town of Hillsborough is a current member of CWEP. Action Requested: Approve and execute the CWEP membership agreement to continue the town’s membership and participation in CWEP. ISSUE OVERVIEW Background Information & Issue Summary: The Clean Water Education Partnership (CWEP) provides stormwater outreach and education on behalf of local governments who are members of CWEP. The Town of Hillsborough is a current member of CWEP, and the Stormwater and Environmental Services Division staff actively participate in the partnership and represent the town at CWEP meetings. Recently, North Carolina Division of Environmental Quality (NCDEQ) recommended that CWEP implement a membership agreement to formalize the services that CWEP provides. The agreement describes CWEP’s services and includes a statement that these services may only partially fulfill permit requirements. The agreement has been reviewed by the town attorney and stormwater staff, and staff recommend that the Board of Commissioners approve the execution of the agreement. Following approval, CWEP will email a DocuSign version of the agreement to Mayor Weaver. Financial Impacts: None; CWEP membership dues are included in the Stormwater and Environmental Services Division annual budget. Staff Recommendations/Comments: Staff recommends the approval and execution of this agreement. 1 Membership Agreement for Clean Water Education Partnership (CWEP) Services Provided by the Triangle J Council of Governments This Memorandum of Understanding by and between the undersigned local government (Local Government) and the Triangle J Council of Governments (TJCOG) pertains to the services provided by TJCOG under the Clean Water Education Partnership (CWEP) program. WITNESSETH: WHEREAS, CWEP and local government stormwater programs have the same basic mission of providing stormwater outreach and education; and WHEREAS, CWEP is a program administered by TJCOG that has excelled in providing direct education and mass media to its wide variety of partner communities; NOW, THEREFORE, TJCOG, via CWEP, will prepare and make available to the Local Government the following direct education and mass media items: 1. CWEP will assist the Local Government with the following education/outreach tasks during the term of this MOU related to direct educational programming: a. Provide physical and digital outreach materials for local governments and target audiences that describe target pollutants and their likely sources and impacts on water quality b. Maintain an internet website conveying the CWEP program's messages about stormwater pollution c. Make available for download via website outreach materials for target audiences, and distribute materials at in-person or digital community events d. Post on social media channels to promote CWEP’s key messages e. Provide unlimited local use and access to original and compiled educational materials on CWEP program website, to include educational videos, printable and digital lessons, lesson plans, and other resources useful for educating a variety of ages and audiences in various settings f. Coordinate annually with stormwater staff and/or relevant educational contacts (as requested by the Local Government) to schedule and conduct stormwater education activities that correlate with NC Essential Science Standards or provide opportunities for citizen participation which may include stream cleanups, citizen science activities, or similar efforts. CWEP will coordinate with the CWEP local government representative prior to contacting any formal educators in the member jurisdiction. g. Provide mechanisms on CWEP program website for public input on stormwater issues 2 2. CWEP will assist the Local Government with the following mass media programming: 1) Coordinate an annual outreach campaign in the form of Public Service Announcements (PSAs) administered by local service providers, which includes the following: a. Six animated videos about common target pollutants, their likely sources, their negative impact on water quality, and best practices for target audiences likely to have significant stormwater impacts b. Static and animated banner ads stating the program’s message of “Clean Water Begins with You and Me” with a link to the program website c. Approximately 12 weeks (as market costs allow) of digital pre-roll videos and display in-banner advertising d. Approximately 12 weeks (as market costs allow) of television, cable, and radio PSAs, spread across popular stations with the aim of reaching a variety of target audiences, including Spanish-language listeners, network news, and cable entertainment. CWEP will make an effort to ensure that media reach adequately covers member’s jurisdictions. Additional stations and programs may be proposed by local media placement companies and approved collectively by members. e. Print and digital advertising in Spanish-language newspaper 2) Provide outreach materials for target audiences that describe target pollutants and their likely sources and impacts on water quality 3) Provide unlimited local use and access of digital media materials for Partner jurisdictions’ use in public buildings, parks, DMV locations, outdoor movies, etc. 4) Promote regional outreach and education events (such as Creek Week) through CWEP website and social media platforms Local Governments may use the tasks above to help comply with NPDES MS4 stormwater education requirements, Jordan Lake Rules and/or Neuse and Tar-Pamlico nutrient strategy education requirements. The Local Government’s signature on this MOU (and MS4 permit number if applicable) signifies an understanding that any one of the items listed above may only partially fulfill its education requirements during an audit from NC DEQ. Accordingly, the Local Government acknowledges that it is ultimately responsible for meeting all federal and state laws, rules and regulations related thereto. The Local Government and CWEP share responsibility for determining how specific objectives can be cooperatively achieved, with the understanding that CWEP supplements local efforts to comply with regulatory requirements. The Local Government is highly encouraged to send one or more representatives to CWEP’s quarterly steering committee meetings to collaborate on strategies. CWEP will make every reasonable attempt, as permitted by available staffing and supplies, to independently and proactively address the objectives in the Local Government’s community, and will update the CWEP Local Government representative each quarter to offer opportunities for discussion and collaboration. The Local Government agrees to pay TJCOG for the services provided herein based on a fee schedule adopted by TJCOG, voted on by CWEP Local Governments, and incorporated herein by reference. The period of performance under, and the term of, this MOU will begin on July 1, 3 2021 and will conclude on June 30, 2022. The Local Government reserves the unilateral right to terminate this MOU for cause or convenience (in the case of cause, immediately, and in the case of convenience, upon thirty (30) calendar days’ written notice), whereupon CWEP and TJCOG will only be entitled to prorated compensation for services properly rendered up to the date of termination. CWEP will provide an annual report by August 31 after fiscal year end, with local and regional outreach and education numbers for both mass media and direct education. Interim numbers can be provided as needed. IN WITNESS WHEREOF, both the Local Government and TJCOG have caused this MOU to be executed by their chief executive officers, all as of the day and year first above written. [Local Government Name – Edit upon signing] MS4 Permit No. __[edit N/A or insert #]__ By: ___________________________________ Date: ________________ [Local Government Representative – Edit text upon signing with name & title] TRIANGLE J COUNCIL OF GOVERNMENTS By: ___________________________________ Date: ________________ Executive Director, TJCOG Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Stormwater 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: Terry Hackett, Stormwater & Environmental Services Manager ITEM TO BE CONSIDERED Subject: Interim Alternative Implementation Approach (IAIA) approval of town participation Attachment(s): 1. Final Program Document: Stage 1 Existing Development (ED) Interim Alternative Implementation Approach (IAIA) Brief Summary: At its March 2021 Board of Directors meeting, the Upper Neuse River Basin Association (UNRBA) approved the final version of the Stage 1 Existing Development (ED) Interim Alternative Implementation Approach (IAIA) program document. This document outlines the joint compliance program which participating local governments can utilize to meet requirements under 15A NCAC 02B .0278 Falls Water Supply Nutrient Strategy: Stormwater Management for Existing Development (Falls Lake Existing Development Rule). The Hillsborough Board of Commissioners had previously indicated its intent to participate in the IAIA. Action Requested: Approve the Town of Hillsborough’s participation in the IAIA joint compliance program. ISSUE OVERVIEW Background Information & Issue Summary: The Falls Lake Rules were adopted by the state in 2011 and include two stages of nutrient reductions that apply to both wastewater and stormwater. The stormwater portion of the rules include requirements for reducing nutrients in stormwater runoff generated by existing development. Implementation of the Stage 1 existing development rule was delayed until the Environmental Management Commission (EMC) approved a model program. The EMC approved a model program in January 2021. Approval of the model program requires regulated local governments to begin compliance with the Falls Lake Existing Development Stormwater Rule beginning July 1, 2021. The approved model program includes the IAIA joint compliance option. For the Town of Hillsborough to be compliant, the town must either participate in the IAIA or develop an individual program. The IAIA is seen as a simpler approach to compliance until the reexamination process for Stage 2 of the rules has been completed. Financial Impacts: Participation in the IAIA will require the town to spend a minimum of $34,221 annually on stormwater related projects; UNRBA fees are also expected to increase slightly to cover administrative costs of the program. Staff Recommendations/Comments: Staff recommends participation in the IAIA program 15 ATTACHMENT B FINAL PROGRAM DOCUMENT: STAGE I EXISTING DEVELOPMENT (ED) INTERIM ALTERNATIVE IMPLEMENTATION APPROACH (IAIA) Submitted for Review and Approval to: North Carolina Division of Water Resources (DWR) and the North Carolina Environmental Management Commission (EMC) Submitted as a Joint Compliance Approach Under the Stage 1 Existing Development Rule and the Approved Model Program Submitted by The Upper Neuse River Basin Association (UNRBA) on behalf of Members Participating in the IAIA Program The Upper Neuse River Basin Association P.O. Box 270 Butner, NC 27509 16 This page left intentionally blank. Final Program Document: Stage I Interim Alternative Implementation Approach 17 Abbreviations BMP Best Management Practices DWR NCDEQ Division of Water Resources EMC Environmental Management Commission ED Existing Development IAIA Interim Alternative Implementation Approach MS4 Municipal Separate Storm Sewer System NCDEQ N.C. Department of Environmental Quality NGO Non-governmental organization PFC UNRBA Path Forward Committee SCM Stormwater Control Measure TMDL Total Maximum Daily Load UNRBA Upper Neuse River Basin Association Final Program Document: Stage I Interim Alternative Implementation Approach 18 Table of Contents Abbreviations ................................................................................................................................ 17 Table of Contents .......................................................................................................................... 18 Purpose .......................................................................................................................................... 19 Overview ....................................................................................................................................... 20 Regulatory Background ................................................................................................................ 20 Objectives and Guiding Principals................................................................................................ 23 Stage I IAIA Participant Investment Commitments ..................................................................... 24 Eligible Activities ......................................................................................................................... 25 Operation and Maintenance of Projects Implemented Under IAIA ............................................. 27 Administration .............................................................................................................................. 28 Duration ........................................................................................................................................ 30 Compliance Determination ........................................................................................................... 32 Implementation Considerations and Ongoing IAIA Program Evaluation Components ............... 33 Outline for Reporting .................................................................................................................... 34 Appendix A. Falls Lake Model Program .................................................................................... A-1 Appendix B. Session Law 2016-94, Section 14.13 .................................................................... B-1 Appendix C. Session Law 2018-5, Section 13.8 ........................................................................ C-1 Appendix D. Outline for Reporting ............................................................................................ D-1 Final Program Document: Stage I Interim Alternative Implementation Approach 19 Purpose Preliminary work on this joint compliance approach to Stage I Existing Development (ED) requirements under the Falls Lake Rules was initiated by the Upper Neuse River Basin Association (UNRBA). A subset of UNRBA members may choose to participate in this IAIA Program. This Program Document was finalized by the IAIA participants for submittal to the Division of Water Resources (DWR) and the NC Environmental Management Commission (EMC) in response to the provision allowing joint compliance through an IAIA as described in the Model Program developed by DWR and approved by the EMC. The IAIA participants are seeking DWR and EMC approval of the program as described within this document. Jurisdictional participation in this program is demonstrated by the adoption of the IAIA Program Document by the UNRBA Board (Table 2). A resolution by the Compliance Group Committee confirming participation will be included in the IAIA submission to DWR and the EMC. The Program Document presents the framework for the IAIA, provides the provisions of investment by each participant and as a group, identifies qualifying project types, describes how additional practices/projects can be approved for use, outlines reporting procedures, and represents a general guidance document for use by the participants in the IAIA. This Document builds on previous conceptual documents and clarifies the specific provisions of the IAIA in practice. In addition to the IAIA participants, previous documents and reviews have been coordinated with DWR, other regulated sectors and public interest organizations. The IAIA participants will serve as general coordinator of the program and, with information provided by the participating members, will provide to DWR and the EMC joint reporting of the status of overall IAIA progress and compliance with this provision of the Model Program. The IAIA does include an option for developing projects facilitated by the group, however, jurisdictions will likely develop projects individually, cooperate with existing agencies/organizations, and cooperate with other jurisdictions (two or more working together) to undertake and complete projects. Each participating jurisdiction will provide annual reporting to DEQ. The Compliance Group Committee will use the individual reports to provide a summary of overall investment commitments of all of the participating jurisdictions in the IAIA. Participation in the IAIA and membership in the UNRBA is required for participation under this joint compliance approach. In addition to reporting overall program status, the Compliance Group Committee will provide support to its participating members in accordance with the provisions of this Program Document. As noted in this Document, jurisdictions in the Falls watershed which fall under the provisions of Stage I ED and do not participate in the IAIA are required by the Model Program to comply through the submittal of individual Local Programs. A template for reporting is provided in Appendix D. The resolution designating the IAIA participants will be submitted with this document to DWR and the EMC. Agreements for joint Final Program Document: Stage I Interim Alternative Implementation Approach 20 projects implemented by two or more cooperating participants will follow standard local government agreements for joint efforts. Overview Since 2018, the UNRBA has been exploring an alternative option for achieving compliance with Stage I ED nutrient load reductions required by the current Falls Lake Nutrient Management Strategy (the Rules). An important aspect of this alternative approach is to promote additional actions directed at reducing nutrient loading impacts from ED and to promote general improvement in the eutrophication conditions in Falls Lake (Lake). This program is considered interim because it would apply only during the period between the time this alternative approach is initiated and when the Falls Lake Rules are readopted (expected in 2025 or later). However, it is anticipated that the experience gained during the use of this approach will help inform the development of ED nutrient management strategies for inclusion in the readopted rules. This Stage I IAIA is based on voluntary participation of UNRBA members in the Program and will allow participating jurisdictions to achieve compliance with Stage I ED Rule requirements. Choosing not to participate in the Stage I IAIA results in a jurisdiction having to comply by developing a Stage I ED local program consistent with the Rules and the Model Program (see Appendix A). However, participating in the IAIA will allow a jurisdiction, in the interim period, to achieve full Stage I ED compliance. Regulatory Background In 2011, the NC Environmental Management Commission adopted the Falls Lake Nutrient Management Strategy (“the Rules”). The Rules include two stages of nutrient reductions that are the most stringent and costly nutrient reduction requirements ever passed in NC. The Rules acknowledged that there is considerable uncertainty associated with the requirements under Stage II, and the Rules allow for a re-examination if certain steps are followed. The UNRBA began planning for the re-examination of Stage II in 2011, and the re-examination is based on a significant monitoring and modeling effort. All of the steps required to undertake the re- examination have been completed or are underway, and approvals from DEQ have been secured at each step of the process. Monitoring started in August 2014 and was completed in October 2018. Modeling and other analyses to support the re-examination are underway. The Rules define specific requirements for Stage I and Stage II for different sectors of the regulated community. The Stage I requirements have been met by major point sources (wastewater treatment systems owned and operated by local governments in the watershed) and agriculture. The Stage I ED requirements for local governments have not been set by DWR and the EMC. The original schedule included development of a Model Program for ED by DWR followed by EMC approval and submittal of Local Programs with implementation beginning at the time of submittal (required within six months of EMC Model Program approval) and with full compliance by 2021. The development of the Model Program was delayed allowing the Final Program Document: Stage I Interim Alternative Implementation Approach 21 UNRBA Nutrient Practices Project to be completed and for DWR to more fully develop its list of approved practices for use by local governments. Though implementation is still controlled by the Rule, the passage of Session Laws 2016-94 and 2018-5 (see excerpts related to Falls Lake in Appendix B and Appendix C, respectively), modified the schedule for completion of Stage I ED and revised to the date at which the Falls Lake Rules would be re-adopted (after completion of the UNRBA re-examination and the Collaboratory’s evaluation of the Lake). As noted, the Session Laws do not alter the rule requirements for implementation of Stage I, but implementation cannot formally proceed until the Model Program actions required by DWR and the EMC are completed. Session Law 2018-5 states that the rules re-adoption process for the Falls Lake Strategy must be started by the EMC no later than December 31st, 2024. It also states that the due dates for reduction actions and goals originally set to be completed by December 31, 2020, and the reduction actions and goals identified as Stage II in the Falls Lake Rules are delayed until readopted Falls Lake Rules become effective. Some parts of the Rules associated with Stage I ED present challenges in both interpretation and implementation. The internal and external stakeholders that have contributed to discussions of an IAIA, including DWR, acknowledged an opportunity to use the joint-compliance language in the Rules to demonstrate compliance with Stage I ED. Also, it has been noted and demonstrated that the extent of reductions already accomplished through nutrient treatment improvements at the major wastewater treatment facilities shown in Table 1 (City of Durham, Town of Hillsborough, and SGWASA-South Granville Water and Sewer Authority), as well as other reductions from nonpoint sources such as impervious surface removal and repair of leaking sewer lines, have resulted in loading reductions well above and beyond estimates of the total requirements for Stage I ED. These facts provide an excellent opportunity to establish an alternate approach to Stage I ED that could be authorized under the Model Program. A review of the magnitude of the reductions already achieved by the referenced point sources demonstrates not only reductions beyond those required under the Falls Lake Point Source Rule, but also reductions beyond the total of the estimated reductions required by local governments to meet Stage I requirements for point sources and ED combined. Based on this general assessment of progress on load reduction, DWR determined that joint compliance under the rules would be an appropriate way to authorize an IAIA for compliance under the rule. Final Program Document: Stage I Interim Alternative Implementation Approach 22 Table 1. Previous Three Years Nutrient Loading (Pounds per Year) from Three Major Wastewater Treatment Plants in the Falls Lake Watershed Compared to Stage I Waste Load Allocations Year Actual Load from Three Major Plants (pounds per year) Stage I Allocation for Three Major Plants (pounds per year) Available Load for Reasonable Assurance (pounds per year) Nitrogen 2018 91,430 130,507 39,077 2019 69,947 130,507 60,560 2020 89,757 130,507 40,750 Phosphorus 2018 4,411 14,469 10,058 2019 6,503 14,469 7,966 2020 5,918 14,469 8,551 In 2018, the UNRBA began discussing a Stage I IAIA that would be used to legally comply with the Stage I ED requirements by taking supplemental reduction actions. The IAIA will also provide a pilot for a potential alternative approach when developing the revised nutrient management strategy through the re-examination. The Stage I IAIA allows jurisdictions to undertake actions in the interim period (before the re-examination is complete and a new strategy is adopted and in place) that provide short and long-term improvements in water quality in the watershed and the Lake. The Stage I IAIA uses an investment-based compliance system rather than a nutrient load reduction-based tracking system as currently prescribed by the Rules. Some UNRBA members began implementing projects toward reducing the impacts from ED well before the Falls Lake Rules were adopted and put in place. Based on jurisdiction-specific input, actions can be tracked back to 2006, the baseline year for the current Rules. This was well before load reduction targets were established. For simplicity and to expedite program implementation, the Stage I IAIA does not account for projects implemented since 2006, but instead focuses on projects implemented between the start of the IAIA and the adoption of a revised Stage II nutrient management strategy. However, while the Stage I IAIA will not track early implementation, jurisdictions that undertook early project development should receive full credit for those projects under the revised strategy proposed by the re-examination process. The UNRBA will specifically address this issue when making recommendation on the Reexamination of the Falls Lake Nutrient Management Strategy and will work with the EMC and DEQ to press for appropriate early implementation credit. The Rules state that “the Commission shall recognize reduction credit for early implementation of policies and practices implemented after January 1, 2007 and before timeframes required by this Rule, to reduce runoff and discharge of nitrogen and phosphorus per Session Law 2009-486.” There is solid foundation in the Rules to support credit for early implementation and that credit should be allowed under the revised nutrient management strategy for the Lake. Final Program Document: Stage I Interim Alternative Implementation Approach 23 Objectives and Guiding Principals The IAIA participants, with input from external stakeholders including DWR staff, representatives from agriculture, and non-governmental organizations (NGOs), have identified the following objectives and guiding principles that will govern the operational actions taken by the jurisdictional participants for the Stage I ED IAIA: • Promote additional progress and commit to maintaining the designated uses and to improve water quality in the Lake through the following actions: o Implement projects in the watershed focused on water quality improvements now and in the future while the re-examination process continues toward completion o Use a simplified approach based on committed funding levels • Reach agreement on an appropriate, fair, and equitable funding level among participants for a Stage I IAIA, while estimating nutrient loading reductions expected from each project/program based on adopted credit practice information or best available information when available • Determine nutrient reduction values, when appropriate reference materials are available, for each project or activity and track these values for future reference with the understanding that Stage I IAIA compliance is strictly based on financial investment • Provide an interim approach that is fair to all participating jurisdictions and help lay the foundation for ongoing consideration of innovative management approaches • Expand the list of available management practices to encourage a broad use of watershed improvement and protection actions including land conservation in high priority areas • Demonstrate the participants’ continued commitment to achieving a reasonable, fair, cost-effective, and equitable management strategy for the Lake • Provide an opportunity to coordinate a joint compliance effort amongst the participating members • Utilize existing water quality improvement programs as available (i.e., other agencies and organizations, see Administration section) to efficiently implement eligible projects and activities in order to promote timely project completion by o Minimizing administrative and process delays o Seeking projects that have lower development, installation, and maintenance costs o Allowing flexibility with program implementation (through simple allocation of funds, efficient project installation actions, and straightforward project completion metrics) • Provide multiple, flexible, and innovative options for funding projects and activities that include individual jurisdictions, partnerships, or, as needed, consolidation of funds by the participants Final Program Document: Stage I Interim Alternative Implementation Approach 24 Stage I IAIA Participant Investment Commitments Funding of Stage I IAIA eligible projects and activities (see next section) is based on minimum investment levels for each participating jurisdiction as determined cooperatively by the participating jurisdictions. The funding levels by participant for the IAIA are based on consideration of what represents a reasonable interim commitment and a willingness to pay. To move the IAIA idea forward, Granville County identified $100,000 per year as an investment level appropriate for their jurisdiction. The UNRBA discussed some alternative levels (higher and lower) but decided that the Granville County commitment level was a workable basis for assigning investment commitments. In following the guiding principle on fair and equitable basis for participation in the IAIA, the UNRBA members examined several commitment- allocation approaches. These approaches looked at several metrics related to what is a fair commitment and allocation basis. However, after considerable discussion, the UNRBA recommended and the participants agreed that the current UNRBA fee structure calculation method (excluding members without ED requirements) would be sufficient and acceptable for assigning the proportion of annual minimum investment level for the individual participants in the IAIA using the Granville County offer as the basis. This calculation methodology weights the distribution 50 percent on water withdrawal in the watershed, 40 percent on jurisdictional land area draining to the Lake, and 10 percent distributed equally among each member. Using the Granville County amount of $100,000 as the basis, the resulting annual total funding level if all local governments in the UNRBA participate would be $1.5 million per year. However, the total annual funding varies depending on how many members participate. Table 2 shows how a $1.5 million investment could be assigned to the IAIA participants if all current UNRBA member jurisdictions with an ED requirement participate. Funding commitments would allow roll over from year to year if a participant made a large upfront commitment or earmarked funds for a planned future Capital Improvement Project. It is important to note that this is a “commitment” to apply this level of jurisdictional financial resources toward appropriate IAIA projects (applied to single-year or multi-year projects, including funds earmarked for planned future Capital Improvement Projects). If a jurisdiction already has financial resources going toward IAIA eligible projects, these funds will “count” toward meeting the identified commitment level. The identified investment commitments also represent minimum levels. Allocation of financial resources beyond the minimum levels would be tracked as well and would be considered in developing the revised watershed management strategy to ensure that all actions to improve water quality are ultimately credited. The IAIA funding commitments will follow the established budgeting fiscal year (July 1 to the following June 30). Final Program Document: Stage I Interim Alternative Implementation Approach 25 Table 2. Local Government Financial Commitment Levels for Members that Choose to Participate in the Stage I ED IAIA Member Annual Funding Level Member Annual Funding Level Town of Butner $23,393 Town of Hillsborough $34,221 City of Creedmoor $16,926 Orange County $161,943 City of Durham $337,587 Person County $114,394 Durham County $133,300 City of Raleigh $466,081 Franklin County $19,058 Wake County $88,968 Granville County $100,453 Town of Wake Forest $13,692 Eligible Activities The key guiding principle for inclusion of activities and projects in the Program is how a project benefits water quality and quantity in the watershed and the Lake. As described above, tracking compliance under the IAIA is based on investment in projects and activities considered eligible under the Program. The participants worked with DWR, NGOs, and representatives from other regulated entities to obtain input on the practices and actions considered eligible. All components of undertaking, completing, and maintaining eligible project or activity may be counted toward the investment level: planning site preparation, designing, installing, adopting, implementing, and maintaining a project or activity. The Administration section includes general reporting requirements for demonstrating a project’s impact on water quality in the watershed and the Lake. Cost effectiveness in terms of water quality improvement will be a factor in making selection of projects and activities by each participating member. However, opportunity and other factors will be considered as well. The participating jurisdiction is responsible for verifying that each project meets the guidelines provided in this Program Document as well as other applicable rules or laws governing maintenance, sediment and erosion control, buffers, etc. Expenses associated with site screening and selection, planning, land acquisition, design, permitting, demolition, and removal (e.g., impervious surfaces); construction, operation, and maintenance for the following types of projects are eligible to be counted against the commitment amount. Project funding level in excess of the commitment amount can be carried forward to the next or future years of this interim program (and certainly will be identified for credit in the future revised strategy). The following list identifies the activities/projects eligible for use under the IAIA: • All State-approved practices with established nutrient credits including stormwater control measures (SCMs) including retrofits • Green infrastructure and other best management practices (BMPs) that include water quality and quantity improvements Final Program Document: Stage I Interim Alternative Implementation Approach 26 • Stream and riparian buffer restoration and enhancement • Programmatic measures beyond baseline program activities (i.e., levels in 2006) for years after the start of the IAIA program o Fertilizer application education of businesses and homeowners o Onsite wastewater treatment system inspection programs, maintenance tracking, repair, replacement, and pump-out programs, education of owners regarding proper maintenance, and training of professionals who inspect and repair onsite systems o Pet waste pickup education, waste management stations, and enforcement • Infrastructure improvements including o Repair and replacement of leaky infrastructure o Reduction of sanitary sewer overflows o Extension of sewer lines to areas using onsite systems (targeting areas with known failure issues) or package plants • Illicit discharge detection and elimination • Land conservation in high priority areas (as determined through an appropriate evaluation resource, i.e., land conservation programs that identify water quality aspects of available preservation sites) • Floodplain restoration and reconnection • Greenways and parks with water quality and quantity benefits (water quality benefits would be identified as specific project components and documented within the adopted development plans) • Projects and activities that focus on flooding that have an associated water quality benefit • Operation and maintenance costs associated with preserving long-term functionality of practices implemented under the IAIA With the exception of projects implemented to comply with new development rules (i.e., those required to meet the New Development Rule in the Falls Lake Nutrient Management Strategy), projects and activities implemented by individual members to address other state and federal water quality regulations are not excluded from eligibility under the IAIA (i.e., Municipal Separate Storm Sewer System (MS4) permits/Phase I or II communities, addressing Total Maximum Daily Loads (TMDLs) on streams, etc.). Project-by-project eligibility will be established based on the applicability of the effort relative to the guidelines in this Program Document and in consideration of the funding source. Over-treatment credits associated with new development projects would be eligible under the IAIA. This would apply directly to overtreatment of new development projects undertaken by the local jurisdiction under the new development rule. For overtreatment credit on private property, participating jurisdictions would need to secure an agreement with the property owner allowing the jurisdiction to use any overtreatment for meeting their IAIA commitments. Additional activities/projects beyond those listed above are allowed under the IAIA pending approval by DEQ/DWR. It is the participants’ understanding that the assessment of additional activities/projects by DEQ/DWR will be based on the general principles and provisions Final Program Document: Stage I Interim Alternative Implementation Approach 27 contained in this Program Document which are aimed at meeting the general criteria of water quality improvement or protection in the watershed and the Lake. The Compliance Group Committee will assist the jurisdiction in seeing that timely action on the request is provided. Additional approaches can be approved for the IAIA without having a specific nutrient credit associated with the practice. Any additional project, practice, or program undertaken must demonstrate that its application has a positive connection to improving or protecting water quality or managing water quantity in the watershed or catchment where it is being implemented. Additional activities/projects for which a local government seeks approval must meet the general criteria identified under the approved projects/practices section of this document. Approval of eligibility will be coordinated through DWR and documentation of DWR’s approval must be secured before using the additional practice. The member(s) proposing an addition to the list of eligible practices, or an individual project or activity, will coordinate directly with DWR for approval. Member(s) seeking concurrence for an additional practice should inform the IAIA participants on the status so the other members can be notified and, following agency approval, the IAIA Program Document can be updated and other members notified. Additional activity/project types that have general applicability in the watershed will be available to other participating jurisdictions. Operation and Maintenance of Projects Implemented Under IAIA IAIA participants should anticipate and plan for the operation and maintenance of projects that require these activities to ensure long-term functionality. For projects implemented by an individual participant, operation and maintenance costs in future years can be counted toward the jurisdiction’s individual investment level under the program. Ensuring that practices installed under the IAIA maintain their performance is important for the protection of water quality in the future. If the revised nutrient management strategy for Stage II relies on nutrient-pounds accounting, demonstration of continued performance will provide the documentation for local governments to claim credits in the future. It is advisable for local governments to follow similar processes used for new development projects to ensure compliance in the future under a range of potential nutrient management strategies. These requirements currently include development of operation and maintenance manuals and annual inspections. For projects that are implemented jointly (through the cooperation of two or more members), long-term operation and maintenance should be considered in the allocation of investment credits for the project. One option is for the managing jurisdiction (likely where the project is implemented) to accept investments from other “cooperating” jurisdictions for upfront planning, design, and construction costs. Funds invested each year until the project is fully constructed would be assigned by amount to each contributor based on their annual investment. Under this option, the managing jurisdiction would assume responsibility and take full credit for long-term operation and maintenance. Another option is for the cooperating jurisdictions to contribute to long-term operation and maintenance and to account for those contributions in future years as IAIA investments. If long-term contributions from the cooperating jurisdictions are expected, Final Program Document: Stage I Interim Alternative Implementation Approach 28 project-specific agreements will need to be developed between the participating jurisdictions. Given the short duration of the IAIA Program, the first option may be the simplest to manage. Provisions for ownership of the practice installation sites or easements should also be addressed when joint projects are implemented. Generally, ownership or the easement would be held by the jurisdiction where the project is located. For cases where the easement will be held by another jurisdiction or a non-member (like a land trust), these provisions will need to be specified in the project-specific agreements. Administration The UNRBA and its members provided support and development for building the concept of the IAIA. To allow for administration of the Program by the UNRBA, the Association’s Bylaws were modified and readopted to allow establishment of an IAIA Program and to administer the group compliance effort under the UNRBA. This Program document will be included as an attachment to the Bylaws. As stated in the modified Bylaws, the Directors who represent Members of the Association that have joined the Compliance Group of the IAIA for local governments subject to the Existing Development rule, 15A NCAC 2B .0278, “Compliance Group Participants” shall constitute the Compliance Group Committee of the Association, and the Directors of those members will be referred to as the Compliance Group Directors. The Compliance Group Directors shall be responsible for making all decisions necessary for the implementation of the UNRBA’s Joint Compliance Option under the Model Program for Existing Development Stormwater adopted by the Environmental Management Commission pursuant to rule, 15A NCAC 2B .0278, which is also referred to herein as the IAIA. The primary duties related to the administrative management of the Compliance Group Committee are to compile progress reports from IAIA participants, summarize progress from the membership related to joint compliance, assist participants in clarifying guidance in this document, coordinate participant meetings, provide support in documenting the results of meetings, actions taken and keeping records of those sessions, coordinating any needed modification of the Program document or program-related modifications to the Bylaws, and assisting with issues that may develop relative to reporting to DWR. Special projects under Article V of the Bylaws requires a special assessment of those participating members to support these projects. Special assessments will include the cost of administrative management of the special project. The Stage I IAIA does not require that the UNRBA, through the Compliance Group Committee, receive or manage funds from members investing in their own projects, or on projects undertaken by agreement with other IAIA participants or other organizations. It is the responsibility of the participating jurisdictions to develop any needed agreements and to account for and report its individual and joint projects/actions as called for in this document, provide the investment funding or support to successfully complete projects under the IAIA, and maintain Final Program Document: Stage I Interim Alternative Implementation Approach 29 appropriate project files for future reference. Project plans and specific information related to design, installation, operation, and maintenance do not have to be submitted to DEQ but should be kept on file by the jurisdiction in accordance with its file retention practices. The IAIA allows four options to demonstrate and manage local government participation in the Stage I IAIA. Every effort will be made to provide flexibility in the application of each option. Investment amounts on an annual basis by project/action will be reported to DEQ with copies provided to the Compliance Group Committee for tracking and summary purposes. The Compliance Group Committee will provide annual reports to DEQ on total investments or commitments during the previous fiscal year. Investments may be “cash” or in-kind (e.g., self-funded projects, donation of technical-service hours, or use of equipment). Individual members will provide annual reports to DEQ that identify the project generally and the investment amount (for multi-year activities/projects, the participating member will show a total investment and note the projected investment for the coming years). On the basis of these reports, the Compliance Group Committee will provide a summary report to DWR and the membership on total participation and total investment. An individual IAIA participant is not limited to one of the four available options, but rather may allocate resources using one or more of the funding options: • Self-funded – An individual participant may use funds for eligible projects and activities within and managed by their own jurisdiction. • Interlocal agreement – Individual participants may enter into interlocal agreements in which eligible projects and activities are jointly funded by two or more jurisdictions. • Funding existing local organizations - Individual participants may contribute funds towards eligible projects or activities to other local organizations including local Soil and Water Conservation Districts, County Health Departments, School Districts, watershed improvement associations, land conservation groups, and UNRBA members that do not have ED requirements that may implement projects to improve water quality. The receiving local organization is responsible for prioritizing and selecting from the list of eligible projects and activities under their established procedures for setting priority. Use of funds by other local organizations is limited to projects and activities associated with water quality and watershed improvement benefits. A separate agreement/contract may be required to specify use of funds through other local organizations. • Development of a special project– individual participants may contribute to a special project under Section V of the Bylaws. Special projects must fall under the approved list of project types provided in this document. Final Program Document: Stage I Interim Alternative Implementation Approach 30 Regardless of the type of funding arrangement used to demonstrate participation under the Stage I IAIA, each local government participating in the program will need to report, in accordance with this Program Document, the following types of information depending on the funding option utilized (i.e., as information is available). Appendix D provides more detail regarding these reporting elements: • Funding option and partners • Primary organization responsible for management and distribution of funds • Types and locations of projects and activities planned and linkage to addressing water quality in the watershed and the Lake • Status of projects and activities (e.g., permitting, construction, completion status) • Funds allocated (cash and in-kind) • Estimated nitrogen and phosphorus reductions associated with projects and activities if quantifiable, or other tracking metric, based on the information available for the action/project, for activities without State-approved nutrient credits (e.g., acres conserved, linear feet of pipe repaired). Nutrient credits determined and based on approved crediting methods effective at the time the project is planned, designed, and developed that may be needed for any future credit accounting requirements under the readopted rules will not be decreased at a later time based on revisions to credit accounting methods or assumptions. • Anticipated timeline for completion Duration Duration of this IAIA is based on the decision of the EMC to approve the revised Falls Lake Model Program submitted by DWR. The EMC approved the revised Model Program in January 2021, which establishes the start date of July 1, 2021 for implementation of Stage I existing development requirements under a local program or the IAIA. The initial duration of this program will be July 1, 2021 until June 30, 2026 (5 years). This program may be extended if the Falls Lake Rules are not yet readopted by modification of this program document and issuance of a new resolution of the Compliance Group Committee. Prior to any renewal of the IAIA program, it is recommended that participating members begin planning for the next phase of an IAIA effort six months before the existing program expires. Minimum investment amounts would be allocated and used under the four general funding options that Stage I ED IAIA participants have available to satisfy their minimum investment commitment. Final Program Document: Stage I Interim Alternative Implementation Approach 31 UNRBA members can become IAIA participants by joining the Compliance Group Committee as described in the modified UNRBA Bylaws. Annual administrative dues may be established in accordance with the Bylaws. Participants may resign or be terminated in accordance with the Bylaws. Members that resign or are terminated will need to make arrangements with DWR to comply with the Stage I Existing Development Rule under the approved Model Program. It will be the responsibility of the member leaving the IAIA to contact DWR and to determine the actions they need to take to meet these requirements. The duration of the IAIA Program is initially five years. This duration could be impacted by the readoption and implementation of the Falls Lake Rules. The readoption of the Falls Lake Rules must be achieved in accordance with Session Law 2018-5 which specifies that the EMC must begin rule re-adoption no later than December 31, 2024 (see excerpt from Session Law 2018-5 provided in Appendix C). It is essential to the viability of the IAIA that previous and ongoing nutrient reduction activities and projects, including those implemented prior to and under a Stage I IAIA, are credited as actions/investments/reductions specified in whatever newly developed management strategy is finally adopted (as developed through the re-examination of Stage II). As noted previously in this document, the UNRBA and its members are committed to making sure that projects and activities implemented during the IAIA period will be included in the framework for compliance with the readopted Falls Lake Nutrient Management Strategy. Participation is based on agreement to make an initial 5-year investment commitment under the IAIA program, specified by jurisdiction, for projects determined to be eligible for investment credit in reduction of water quality impacts from existing development and in helping to mitigate nutrient loading as described in this document. • A five-year timeframe for commitment is established to minimize overall administrative burden for initiation of the program • Commitments are assigned annually based on the UNRBA’s dues formula utilizing a $100,000 per year commitment from Granville County for the initial IAIA commitment. IAIA participants may revise the annual commitment as described in the UNRBA’s Bylaws. • Total program commitment is the sum of each participating jurisdiction’s commitment. Jurisdictions are responsible for their assigned annual commitment, and if financial resources are made in excess of the annual commitment, the excess may be credited against the jurisdiction’s entire five-year commitment. • Each jurisdiction can choose from several options to expend funds (e.g., individual projects, joint projects, funding eligible projects through organizations like local soil and water districts, school systems and county health departments or special projects as addressed in the Bylaws) • Jurisdictions can use a combination of project funding approaches and can change which funding options they utilize from year to year. Final Program Document: Stage I Interim Alternative Implementation Approach 32 • Investment credits generated from multi-jurisdictional projects shall be credited to the jurisdictions based on individual participant contribution levels and would include accounting for long-term operation and maintenance costs, unless the project agreement provides otherwise for allocation of investment credits. Each jurisdiction has the option to withdraw in accordance with the Bylaws. Compliance Determination The IAIA is submitted to the NC EMC as a joint compliance framework for meeting the Stage I ED requirements as provided under the Model Program. As stated clearly within the Model Program and in this Program Document, Stage I IAIA compliance, and thus compliance with the Stage I ED Rule, is determined based on the IAIA participant meeting and reporting on its annual investment level as specified in this Program Document. The IAIA is a group or joint compliance effort, but compliance under this program to meet Stage I Existing Development (Stage I ED) will be assessed individually for each participating jurisdiction. This Program Document was developed with this understanding and with the following basic provisions for demonstrating compliance: • Each jurisdiction must document and track investments and eligibility of funded actions or projects and submit annual reports to DWR (with copies provided to the UNRBA Compliance Group Committee) • Point source credits belong to the jurisdiction that owns the utility that created them unless the credits are sold or leased to another jurisdiction by the generating jurisdiction. • A jurisdiction’s adherence to the provisions of the IAIA represents compliance with the Stage I ED Rule. If a participant resigns or is terminated under the provisions of the Bylaws, the following is a list of guidelines related to the impacts and actions that the departing jurisdiction must address or that will impact the jurisdiction in departing: • Reentry to the program can only be considered under the membership provisions of the Bylaws • It is the responsibility of the departing jurisdiction to contact DEQ-DWR and to determine the actions it must take and the schedule it must follow to comply with the ED Rule • The jurisdiction must address specific IAIA program commitments made when joining the compliance group as described in the Bylaws The group as a whole is not out of compliance if a member drops out. Financial resource commitments of the departing member for any joint projects not yet completed would be controlled by the agreement in place between the joint project members that developed the joint project. Final Program Document: Stage I Interim Alternative Implementation Approach 33 • The total investment level will change in the fiscal year following the departure of a member by the amount of the commitment assigned to the leaving member, but the remaining members investment commitments will not be revised. The requirements for location of projects specified in the Falls Lake Rules (i.e., upper or lower watershed) does not apply to Stage I Existing Development and therefore does not apply to the IAIA Program. In other words, projects can be implemented anywhere in the watershed through this program. Additionally, the provisions of 15A NCAC 02B .0703 Nutrient Offset Credit Trading do not apply to ED and therefore do not apply to the IAIA. Demonstration of compliance with Sub-Items (4)(a) or (b) of Rule .0278 can be accomplished with a brief description of relevant programs or activities being implemented (e.g., heightened permitting or land use requirements, education programs, recurring program expenditures) by the applicable jurisdictions and are considered eligible practices under the IAIA. This information will be provided by the participant in their individual annual report provided to DWR. IAIA participants should ensure that all local, state, and federal requirements under their jurisdictional control are met. These include but are not limited to water supply watershed protection, buffer rules, MS4 permits, and sediment and erosion control requirements. In determining whether to be the host jurisdiction (where the project would be located) for an IAIA SCM project, the host jurisdiction should be alert to the requirements of other permit programs and determine, in consultation with the Division of Energy, Mineral, and Land Resources, if the SCM will become a part of their MS4 inventory of local government owned facilities. Implementation Considerations and Ongoing IAIA Program Evaluation Components This IAIA Program document was developed with input from the UNRBA PFC and the UNRBA Board as well as input from external stakeholders, including staff from DWR and representatives from agriculture and NGOs. These discussions identified several program components to guide implementation of the IAIA. The feedback provided in these discussions have acknowledged and supported the overall goals of the IAIA and the use of the IAIA as a pilot for a future revised strategy developed through the reexamination process. Given the goals of the program, the collaborative participation of the internal and external stakeholders, and the opportunity to accumulate experience and lessons learned for consideration ahead of completing the re- examination and developing an updated strategy, many of the program components are designed to promote flexible implementation. One of the funding options under the IAIA involves cooperation with entities that are outside of the membership of the IAIA Program. If investments are used to contribute to eligible projects being done by a local organization such as a soil and water conservation district, local health departments, a land trust, or other entity, it is the responsibility of the IAIA participant and the local organization to ensure that appropriate agreements are in place consistent with the Final Program Document: Stage I Interim Alternative Implementation Approach 34 provisions of the IAIA program. Likewise, if a local government receives grant funding for an eligible project, only the investment from the local government(s) used to contribute a match to the project may be counted toward their annual investment commitment under the IAIA (i.e., the grant award may not be counted). It is the responsibility of the IAIA participant(s) to ensure that the requirements of the grant are met. If funding is related to agricultural projects, then potential issues regarding credit sharing must be negotiated with the farmer/landowner in coordination with the Falls Lake Watershed Oversight Committee and included in the written agreement with the local organization. However, it is anticipated that most investments under IAIA will go toward projects not directly related to agriculture. Discussions about the IAIA program components has consistently noted that actual implementation of the IAIA will provide operational experience on an investment-based management approach to address impacts from existing development. It is anticipated that the IAIA participants and external stakeholders will meet periodically to discuss progress and evaluate how the program is proceeding. The IAIA program allows significant flexibility. However, if there is a need to revise the general components of the IAIA program, this program document can be revised and approved by the Compliance Group Committee. Participation in the IAIA Program is confirmed by the UNRBA Board’s revision of its Bylaws, adoption the Program Document, and submission of a resolution of commitment by the members of the Compliance Group Committee. Outline for Reporting To ensure consistent levels of reporting and to streamline development of summary reports by the UNRBA, a reporting outline is provided (Appendix D). Final Program Document: Stage I Interim Alternative Implementation Approach A-1 Appendix A. Falls Lake Model Program The NC EMC approved the Falls Lake Model Program in January 2021. The document is available here: https://files.nc.gov/ncdeq/Falls-Existing-Development-Model-Program-EMC- Approved-1-14-2021.pdf. Final Program Document: Stage I Interim Alternative Implementation Approach B-1 Appendix B. Session Law 2016-94, Section 14.13 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 SESSION LAW 2016-94 HOUSE BILL 1030 SECTION 14.13 DEVELOPMENT OF NEW COMPREHENSIVE NUTRIENT MANAGEMENT REGULATORY FRAMEWORK SECTION 14.13.(a) The General Assembly finds all of the following: (1) It is necessary for the State to have a comprehensive management strategy to protect and improve water quality. (2) Over the last 20 years, comprehensive watershed nutrient management strategies and buffer rules have been implemented in several river basins and watersheds in North Carolina where surface water quality has been impaired by excess nutrients. (3) It is in the interest of the State to review the costs and benefits of existing nutrient management strategies and determine whether those nutrient management strategies should be modified in order to maintain and improve water quality in nutrient sensitive waters. (4) The State should revise nutrient strategies to maintain proven measures already shown to be effective; incorporate new technological and management innovations; recognize investments in water quality already implemented by stakeholders; and share costs on an equitable basis. SECTION 14.13.(b) Subsections (a) and (c) of Section 14.5 of S.L. 2015-241 are repealed and the Department shall terminate the demonstration project authorized by that section. Any funds allocated under subsection (a) of Section 14.5 of S.L. 2015-241 that are unspent and unencumbered on the effective date of this act shall revert to the Clean Water Management Trust Fund. SECTION 14.13.(c) Of the funds appropriated to the Board of Governors of The University of North Carolina, the sum of five hundred thousand dollars ($500,000) for each of the fiscal years from 2016-2017 through 2021-2022 is allocated to the Chief Sustainability Officer at the University of North Carolina at Chapel Hill to designate an entity to oversee a continuing study and analysis of nutrient management strategies (including in situ strategies) and compilation of existing water quality data specifically in the context of Jordan Lake and Falls Lake. As part of this study, the entity shall (i) review data collected by the Department of Environmental Quality and by other stakeholders from water sampling in areas subject to the Falls Lake or Jordan Lake Water Supply Nutrient Strategies and compare trends in water quality to the implementation of the various elements of each of the Strategies and (ii) examine the costs and benefits of basinwide nutrient strategies in other states and the impact (or lack of impact) those strategies have had on water quality. The entity shall report to the Environmental Review Commission, the Final Program Document: Stage I Interim Alternative Implementation Approach B-2 Environmental Management Commission, and the Department of Environmental Quality as set forth below: (1) With respect to Jordan Lake, the final results of its study and recommendations for further action (including any statutory or regulatory changes necessary to implement the recommendations) no later than December 31, 2018, with interim updates no later than December 31, 2016, and December 31, 2017. (2) With respect to Falls Lake, the final results of its study and recommendations for further action (including any statutory or regulatory changes necessary to implement the recommendations) no later than December 31, 2021, with interim updates no later than December 31, 2019, and December 31, 2020. No indirect or facilities and administrative costs shall be charged by the University against the funds allocated by this section. The Department of Environmental Quality shall provide all necessary data and staff assistance as requested by the entity for the duration of the study required by this subsection. The Department shall also designate from existing positions an employee to serve as liaison between the Department and the entity to facilitate communication and handle data requests for the duration of the project. SECTION 14.13.(d) As part of the periodic review and readoption of rules required by G.S. 150B-21.3A, the Environmental Management Commission shall, based on the study required by subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations as defined in this section, review the following Nutrient Strategies: (1) The Falls Water Supply Nutrient Strategy, 15A NCAC 2B .0275 through .0282 and .0315. (2) The Jordan Lake Water Supply Nutrient Strategy, 15A NCAC 2B .0263 through .0273 and .0311. (3) Any changes to these regulations imposed by acts of the General Assembly. The schedule set forth in this subsection shall modify the review and readoption schedule set by the Rules Review Commission under G.S. 150B-21.3A to the extent the schedules conflict. No later than December 31, 2016, the Department of Environmental Quality shall report to the Environmental Review Commission a list of any other rules and any acts of the General Assembly changing the rules identified in this subsection, and the Environmental Management Commission's review shall include the rules identified in this section and in that report. As part of its rule review process, the Environmental Management Commission shall (i) hold public hearings in the upstream and downstream portions of the Falls Lake and Jordan Lake river basins and subbasins and (ii) no later than December 31, 2016, convene a stakeholder working group that represents all classes of users and all geographic parts of the impacted river basins and subbasins and that will provide input to the Environmental Management Commission regarding the revision to the Nutrient Strategies. The Environmental Management Commission shall issue recommendations for revisions of the Nutrient Strategies based on its review and begin rule readoption required by G.S. 150B-21.3A no later than March 15, 2019. For purposes of the G.S. 150B-21.3A readoption process, the Nutrient Strategies shall be considered "necessary with substantive public interest." SECTION 14.13.(e) The Department of Environmental Quality shall study alternative technologies for in situ approaches to nutrient management in Falls Lake and Jordan Lake. In its study, the Department shall consider in situ treatments, including algaecide and phosphorus-locking technologies, that have been certified by the United States Environmental Protection Agency for use in drinking water sources. Of the funds appropriated in this act to the Final Program Document: Stage I Interim Alternative Implementation Approach B-3 Department of Environmental Quality, the sum of one million three hundred thousand dollars ($1,300,000) for the 2016-2017 fiscal year may be used to implement a trial of these technologies. If the Department decides to implement a trial, it shall enter into a contract for the trial by December 31, 2016. Any contract entered into under this subsection shall not be subject to Article 3 or Article 8 of Chapter 143 of the General Statutes. The study shall determine whether these treatments would provide improvements in water quality and whether the improvements would be more cost-effective than more conventional nutrient mitigation strategies. The Department shall submit an interim report no later than March 1, 2017, and a final report no later than March 1, 2018, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division. If the Department finds these strategies to be effective, it shall incorporate them into the Nutrient Strategies readoption required by subsection (d) of this section. Funds allocated by this subsection shall remain available until the conclusion of the study, and any funds unused at that time shall revert to the General Fund. SECTION 14.13.(f) Impervious surface added in a city or county within the Jordan Lake watershed after July 26, 2013, and prior to December 31, 2020, shall, notwithstanding any other provision of law or associated regulations adopted by the Environmental Management Commission, not be counted as built-upon area for purposes of a city's or county's calculation of nutrient loading targets under a Development Stormwater Rule. Pursuant to G.S. 153A-145.6 and G.S. 160A-205.1, cities and counties shall not enforce Development Stormwater Rules through any ordinance, code, standard, committed element, condition, or contractual obligation imposed by, agreed upon, or accepted by a county or city. For purposes of this subdivision, "Development Stormwater Rule" shall mean 15A NCAC 2B .0265 (Stormwater Management for New Development) and 15A NCAC 2B .0266 (Stormwater Management for Existing Development), or equivalent or more stringent ordinance, code, standard, or committed element related to nutrient-loading targets in the Jordan Lake watershed. SECTION 14.13.(g) The Department of Environmental Quality shall study the following issues related to nutrient impact fees and other water quality impact mitigation programs in Jordan Lake and Falls Lake: (1) The impact, costs, and benefits of setting nutrient offset fees on a subbasin- or area-specific basis, together with an estimate of the subbasin-specific nutrient offset fees for each subbasin in the Jordan Lake and Falls Lake watersheds or area draining to a particular arm of Jordan Lake or Falls Lake. (2) Watersheds and river basins or subbasins where private providers of mitigation services are adequately serving existing and projected demand over the next five years, and whether (i) the continuing provision of mitigation services by the State in those areas is necessary and (ii) statutory authority to provide mitigation services in those areas should be totally or partially repealed. The Department shall report no later than December 1, 2016, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division regarding the results and recommendations from its study and any suggested legislation necessary to implement the recommendations. SECTION 14.13.(h) The rules described below shall not take effect and are subject to the review and readoption required by subsection (d) of this section: Final Program Document: Stage I Interim Alternative Implementation Approach B-4 (1) With respect to the Jordan Lake rules, as defined by subdivisions (2) and (3) of subsection (d) of this section, any rules with effective dates between the effective date of this act and October 15, 2019. (2) With respect to the Falls Lake rules, as defined by subdivisions (1) and (3) of subsection (d) of this section, any rules with effective dates between the effective date of this act and October 15, 2022. SECTION 14.13.(i) Stormwater treatment practices that have been approved by the Chesapeake Bay Commission for TMDL compliance in the Chesapeake Bay watershed shall be allowed for TMDL compliance in the Jordan Lake and Falls Lake watersheds at the same pollutant removal efficiency value established for each such practice for the Chesapeake Bay watershed. The Department shall report no later than December 1, 2016, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division on the need and desirability of establishing State-specific pollutant removal efficiency values for the stormwater treatment practices allowed by this subsection. If the Department decides to establish State-specific values, it shall incorporate those values into the Nutrient Strategies readoption required by subsection (d) of this section. SECTION 14.13.(j) Subsection (b) of this section becomes effective on the earlier of July 1, 2016, or the date of termination of a contract related to in situ water quality remediation strategies that was previously extended pursuant to Section 14.5 of S.L. 2015-241. Final Program Document: Stage I Interim Alternative Implementation Approach C-1 Appendix C. Session Law 2018-5, Section 13.8 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 SESSION LAW 2018-5 SENATE BILL 99 SECTION 13.8 NUTRIENT MANAGEMENT REGULATORY FRAMEWORK REVISIONS SECTION 13.8.(a) Subdivisions (1) and (2) of Section 14.13(c) of S.L. 2016-94 read as rewritten: "(1) With respect to Jordan Lake, the final results of its study and recommendations for further action (including any statutory or regulatory changes necessary to implement the recommendations) no later than December 31, 2018,2019, with interim updates no later than December 31, 2016, and December 31, 2017.2017, and December 31, 2018. (2) With respect to Falls Lake, the final results of its study and recommendations for further action (including any statutory or regulatory changes necessary to implement the recommendations) no later than December 31, 2021, 2023, with interim updates no later than December 31, 2019, and December 31, 2020.2021." SECTION 13.8.(b) Section 14.13(d) of S.L. 2016-94 reads as rewritten: "SECTION 14.13.(d) As part of the periodic review and readoption of rules required by G.S. 150B-21.3A, the Environmental Management Commission shall, based on the study required by subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations as defined in this section, review the following Nutrient Strategies: (1) The Falls Water Supply Nutrient Strategy, 15A NCAC 2B .0275 through .0282 and .0315. (2) The Jordan Lake Water Supply Nutrient Strategy, 15A NCAC 2B .0263 through .0273 and .0311. (3) Any changes to these regulations imposed by acts of the General Assembly. The schedule set forth in this subsection shall modify the review and readoption schedule set by the Rules Review Commission under G.S. 150B-21.3A to the extent the schedules conflict. No later than December 31, 2016, the Department of Environmental Quality shall report to the Environmental Review Commission a list of any other rules and any acts of the General Assembly changing the rules identified in this subsection, and the Environmental Management Commission's review shall include the rules identified in this section and in that report. As part of its rule review process, the Environmental Management Commission shall (i) hold public hearings in the upstream and downstream portions of the Falls Lake and Jordan Lake river basins and subbasins and (ii) no later than December 31, 2016, convene a stakeholder working group that represents all classes of users and all geographic parts of the impacted river basins and subbasins and that will Final Program Document: Stage I Interim Alternative Implementation Approach C-2 provide input to the Environmental Management Commission regarding the revision to the Nutrient Strategies. The Environmental Management Commission shall issue recommendations for revisions of the Nutrient Strategies based on its review and begin rule readoption required by G.S. 150B-21.3A no later than March 15, 2019. begin rule readoption for the Jordan Lake Water Supply Nutrient Strategy on the earlier of the following: (i) upon receipt of the completed study and final recommendations prepared in response to subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations for nutrient management in Jordan Lake or (ii) December 31, 2020. The Environmental Management Commission shall begin rule readoption for the Falls Water Supply Nutrient Strategy on the earlier of the following: (i) upon receipt of the completed study and final recommendations prepared in response to subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations for nutrient management in Falls Lake or (ii) December 31, 2024. For purposes of the G.S. 150B-21.3A readoption process, the Nutrient Strategies shall be considered "necessary with substantive public interest." SECTION 13.8.(c) Section 14.13(h) of S.L. 2016-94 reads as rewritten: "SECTION 14.13.(h) The rules described below shall not take effect and are subject to the review and readoption required by subsection (d) of this section: (1) With respect to the Jordan Lake rules, as defined by subdivisions (2) and (3) of subsection (d) of this section, any rules with effective dates between the effective date of this act and October 15, 2019.after July 1, 2016. Rules delayed under this subdivision will have the effective date specified in the rules as readopted under subsection (d) of this section. (2) With respect to the Falls Lake rules, as defined by subdivisions (1) and (3) of subsection (d) of this section, any rules with effective dates between the effective date of this act and October 15, 2022.2022, provided that provisions of the Falls Lake rules which establish Stage I reduction actions and goals shall remain in effect until the Falls Lake rules, as modified under subsection (d) of this section, become effective. The due dates for reduction actions and goals set to be completed by December 31, 2020, and the reduction actions and goals identified as Stage II in the Falls Lake rules are delayed until the Falls Lake rules, as modified under subsection (d) of this section, become effective." SECTION 13.8.(d) Notwithstanding Section 27.5 of S.L. 2016-94, as amended by Section 10.4 of S.L. 2017-57, the North Carolina Policy Collaboratory is authorized to use for the purposes set forth in this subsection no more than one million dollars ($1,000,000) for the 2018-2019 fiscal year of the funds appropriated for the 2016-2017 fiscal year to the Office of State Budget and Management, Special Appropriations, and allocated to the Board of Trustees of the University of North Carolina at Chapel Hill for use as matching funds by the Collaboratory. Notwithstanding Section 27.5 of S.L. 2016-94, as amended by Section 10.4 of S.L. 2017-57, no match is required for funds reallocated by this subsection. The Collaboratory shall use these funds to create an updated quantitative model of Jordan Lake and the Haw River subbasin of the Cape Fear River based on the nutrient management study funded by Section 14.13(c) of S.L. 2016-94. The funds may also be utilized for personnel costs, data acquisition, and software licensing related to the model update project funded by this subsection, but the University of North Carolina at Chapel Hill shall not charge for overhead costs against the funds reallocated by this subsection. Funds reallocated by this subsection shall not Final Program Document: Stage I Interim Alternative Implementation Approach C-3 revert but shall continue to be available to the Collaboratory for the purposes described in this subsection. SECTION 13.8.(e) In the report required by Section 14.13(c) of S.L. 2016-94, as amended by subsection (a) of this section, the Collaboratory shall present the results of the model authorized by subsection (d) of this section, along with (i) recommendations for revisions or additions to the Jordan Lake Water Supply Nutrient Strategy and (ii) identification and analysis of issues and areas identified by its study and model where no scientific consensus exists or where data is unavailable or incomplete. Final Program Document: Stage I Interim Alternative Implementation Approach D-1 Appendix D. Outline for Reporting Summary Information for the participating jurisdiction: • Local government submitting the annual report • Minimum annual investment level specified in the UNRBA Bylaws • Reporting period (fiscal year) • Total investment for fiscal year (expended + committed for specific project(s)) • Carry over from previous year (not applicable the first year) • Carry over to next fiscal year(s) • Compliance with the minimum investment level (yes/no) • Name of person submitting the report for this fiscal year (name, email, phone number) Project Level information: • Repeat local government submitting report on each row/entry • Local government project identification number (user entered) • Project type based on IAIA eligible practices (More descriptive information can be included in the narrative description column (last column). For more information and guidelines regarding these activities, refer to the IAIA Program Document.) Select from list of eligible practices: • Stormwater control measures (State-approved SCMs) • Green infrastructure and other best management practices (BMPs) • Stream and riparian buffer restoration and enhancement • Programmatic measures • Infrastructure improvements • Illicit discharge detection and elimination • Land conservation • Floodplain restoration and reconnection • Projects in greenways and parks with water quality and quantity benefits • Projects and activities that focus on flooding that have an associated water quality benefit • Operation and maintenance costs associated with preserving long-term functionality of practices implemented under the IAIA • Administrative costs associated with the participation in the IAIA • Allow user specified project type or other activity approved by DWR • Funding option (select from drop down list) • Self-funded • Interlocal agreement • Other organization agreement • Special project (see description in UNRBA Bylaws) • Location of project/activity • County (drop down list) Final Program Document: Stage I Interim Alternative Implementation Approach D-2 • Latitude and longitude if applicable (user entered in separate columns if appropriate for the project type; may be the midpoint for projects covering large areas like parks; a narrative description of location may also be included in the project description (see last entry) • Partners (user entered) • Managing organization or local government • Names of partners: local governments, organizations, etc. • Benefits and linkages to water quality or water quantity improvement (Selection from drop down list; provide details in narrative description as appropriate): • Nutrients • Sediment • Peak flow reduction • Water storage • Other • Additional benefits – user entered (e.g., ecosystem services benefits, sustainability, outreach, environmental justice, sustainability, resiliency, research, carbon sequestration, not applicable) • Status of project/activity; selection from drop down list • Design, permitting • Site preparation • Construction/installation • In service • Operation and maintenance • Allow for user entered description • Anticipated timeline (fiscal year) for completion for each project or activity • Estimated total cost of project • Funds committed for the project • Cash funds expended for this fiscal year by the local government • In-kind funds expended for this fiscal year by the local government • Estimated annual total nitrogen reductions if quantifiable • Estimated annual total phosphorus reductions if quantifiable • Method for estimating nutrient credits (drop down + user entered) • SNAP • DWR Crediting document • Monitoring data • Other (user entered) • Other tracking metric for activities without State-approved nutrient credits (user entered; list examples in comments) • Acres conserved • People reached Final Program Document: Stage I Interim Alternative Implementation Approach D-3 • Septic systems pumped, etc. • Date project or activity data was last updated in the database • Initials of staff updating the database (optional as useful, not required) • Narrative project description and benefits Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Public Space/Planning 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: Public Space Manager Stephanie Trueblood / Economic Development Planner Shannan Campbell ITEM TO BE CONSIDERED Subject: West King Street time-limited parking and loading zone Attachment(s): 1. 15-minute parking space and loading zone location(s) (via Google Maps) 2. Loading zone quote (Raleigh Paving) 3. Loading zone diagram/drawings Brief Summary: A loading zone as well as a few 15-minute parking spaces have been identified as being needed on West King Street in order to be able to better move traffic and pedestrians through this area which has seen a great deal of new business activity in the last few years. Staff has identified the best locations based on feasibility and field constraints as well as cost. NCDOT is in agreement with the location of the loading zone and is willing to modify the current encroachment agreement to allow this improvement. Action Requested: Approve the location and expenses involved in creating the loading zone and 15-minute parking spaces. ISSUE OVERVIEW Background Information & Issue Summary: The location of a loading zone in this area is difficult due to the existing location of other utilities and infrastructure as well as road widths, driveway cuts, and other constraints. The need for the loading zone has become more and more imminent as businesses have opened/expanded in this area. Staff has worked with NCDOT and nearby property owners and business owners to determine a mutually agreeable location. Financial Impacts: Low. Loading zone quote is $3,425 and the cost to install additional 15-minute parking signage, pole(s), and concrete patch is estimated not to exceed $500 and can be completed by Public Works staff. Staff Recommendations/Comments: 15 15 Remove an old post Proposed King St. Loading Zone and 15 minute parking locations 15 15 15 Add post Proposed King St. Loading Zone and 15 minute parking locations 7' 2" 17' 10" 84 Ft 10' 9"STOPAHEAD7' 2" 17' 10" 84 Ft 10' 9"STOPAHEADLoading Zone Loading Zone Loading Zone 0 20 40 60 0 20 40 60 Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Public Works Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 6.F Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Interim Public Works Director Dustin Hill ITEM TO BE CONSIDERED Subject: Amendments to Chapter 13 of the Code of Ordinances - Cemeteries Attachment(s): 1. Ordinance amendment 2. Cemetery brochure Brief Summary: Several sections in Chapter 13 of the Cemeteries ordinance require language updates due to repeal of G.S. 14-140 and to align with the town’s cemetery brochure posted on website. Action Requested: Approve ordinance amending various sections of Chapter 13, Cemeteries ordinance. ISSUE OVERVIEW Background Information & Issue Summary: G.S. 14-140 has been repealed and several sections in Chapter 13 is now covered by G.S. 14-148. The attached ordinance corrects references to the repealed statute. Section 13-6 (Removing or Defacing Monuments) is likely considered “other articles planted or placed within any cemetery to designate where human remains are interred or to preserve and perpetuation the memory and name of any person,” and are covered under the amendment to Section 13-5(a)(2) therefore, it is recommended to delete Section 13-6. Section 13-18 (Monuments and Markers) item (b) notes markers must be flat and level in zones 9-12. The cemetery only goes to zone 9; this section has been amended to read: All markers must be flat markers in zones 7 and 9 and must be level with the surrounding ground in all zones. Section 13-21 (Burial Procedure) requires 10 hours advance notice to the town of any funeral for which a grave will be opened. Our brochure and website say one workday; the amendment corrects this discrepancy. Section 13-26 has updated to reflect that the replacement statute (G.S. 14-148) carries a felony for damages of $1,000 or more. Financial Impacts: None Staff Recommendations/Comments: 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: (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 day of , 2021. Ayes: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk Town Cemetery Burial Information and General Regulations Cemetery history In the mid-19th century, Hillsborough — or Hillsboro, as it was frequently spelled — was running out of space in the town’s only public graveyard, the Old Town Cemetery. Adjacent land near that graveyard, located at the corner of North Churton and West Tryon streets, was not available. Land for a separate African-American graveyard was established in the mid-1850s on Margaret Lane’s south side: the Margaret Lane Cemetery (also sometimes called the Old Slave Cemetery). In about 1871, a new town cemetery was created by the town commissioners in an area where bodies already had been interred. Today, the Hillsborough Town Cemetery is the largest cemetery in Hillsborough, with more than 3,200 burials and all plots purchased. The cemetery and its monuments contain a reflection of the lives that make up the historic fabric of Hillsborough — from mayors and other important political figures to military war veterans and short-lived children. The Town Cemetery is a place of reflection and memories. Town Cemetery The Hillsborough Town Cemetery is open from sunrise to sunset. It is located at 200 E. Corbin St. Entrances are on North Cameron and East Corbin streets. Flowers and ornaments The town may remove any plant that hinders cemetery maintenance. It also may remove floral designs, flowers or any plants as soon as they deteriorate. Decorative items, including flower vases, may not be placed on the ground around gravestones between March 1 and Nov. 1 due to grounds maintenance. Small flags may be placed in the ground around gravesites during Veterans Day and Memorial Day weeks. Customer service The Hillsborough Public Works Department oversees cemetery operations and burials at the Town Cemetery. The Hillsborough Public Space Division oversees grounds maintenance. No plots are available for sale currently. Contact the Public Works Department for questions regarding plot sales, certificates of burial right, burial procedures, markers, monuments, or other related issues. Phone: 919-296-9600 Email: workorders@hillsboroughnc.gov Website: www.hillsboroughnc.gov Purchase of burial rights No plots are available for sale currently. The fee for a plot — whether for interment or cremation — is $500 for a town resident at the time of purchase and $1,000 for a non- resident. Fees are subject to change. A certificate of burial right, identifying the owner and the lots and plots, is issued. Rights of owners The owner of a certificate of burial right may use the designated spaces as a place of burial for any person the owner chooses, provided that the purchase regulations are not violated. Upon the owner’s death, all rights pass to the heirs, legatees or devisees. Speculation prohibited Burial rights may not be sold or exchanged for profit or gain. They may not be acquired at an in-town rate for the intended burial of an out-of-town resident. Burial procedure Burials and the opening of graves may take place only by a licensed funeral director or the director’s employees under town supervision. The town must be notified one workday in advance of any funeral for which a grave will be opened. Marking of graves prior to opening will be done to the town’s specifications and in the town’s presence. The town does not provide this service on weekends or on holidays that fall on a Tuesday, Wednesday or Thursday. Burial Information and General Rules No grave will be opened less than 5 feet to the bottom except for cremations. All graves must be level with surrounding areas. Each burial plot is limited to one of the following: • Interment of one human body. • Interment of one human body and one cremation urn. • Interment of up to four cremation urns. Monuments and markers Monuments and markers must be placed under town supervision. Markers must be made of a marble or granite base and may be up to 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. All markers in zones 7 and 9 must be flat and level with the surrounding ground. Gravesite maintenance Funeral homes are responsible for gravesite maintenance during the first six months after burial. If a grave space sinks below surrounding ground, erodes or becomes a problem due to lack of proper restoration or stabilization, the town will notify the responsible funeral director to request corrective action within 10 days. The Public Works Department is responsible for maintaining gravesites after the six-month period. For more information, see the Hillsborough Code of Ordinances, Section 13-21: Burial Procedure. Monument repair If a monument becomes unsafe or unsightly or needs repair, the plot owner is responsible. Exceptions are handled case by case. Desecration of grave sites Under General Statute 14-148, it is unlawful to remove, disturb, vandalize, destroy or change the location of any article planted or placed to designate where human remains are interred or to preserve a person’s memory or name. Violation is a Class 1 felony if damage is $1,000 or more and a Class 1 misdemeanor otherwise. Disruptive activity Motor vehicles of any kind may be driven only on the main roads and avenues provided in the cemetery. Equipment necessary for grave preparation or monument setting are allowed. No unleashed dogs, horses or other animals are allowed in the cemetery, and no animals are allowed to run at large. No one may post or attach any bills, posters, placards, pictures or any form of political or commercial advertising within the cemetery. Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 6.G Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Schools Adequate Public Facilities annual report Attachment(s): 1. Executive summary 2. Orange County Schools projection sheet Brief Summary: Annually the staff members of the parties to the Schools Adequate Public Facilities ordinance get together and update the projections and data. This report is circulated among the members for comment before the BOCC endorses it. No schools are projected to be needed in the planning horizon for the Orange County system. The report has begun tracking pre-K students as requested previously by the school districts. The entire report is available on the county’s website. Please follow this link and select the draft report at the top of the page. Action Requested: Receive report and offer any comments. ISSUE OVERVIEW Background Information & Issue Summary: Financial Impacts: Staff Recommendations/Comments: 9 2021 SAPFOTAC Executive Summary I. Base Memorandum of Understanding A. Level of Service ....................................................................(No Change)........Pg. I Chapel HilllCarrboro Orange County School District School District Elementary 105% 105% Middle 107% 107% High 110% 110% B. Building Capacity and Membership..................................(Change)..............Pg. 2 Chapel HiltlCarrboro Orange County School District School District Capacity Membership Change from Capacity Membership Change from Prior Year Prior Year Elementary 5664 4893 470 3361 3047 185 Middle 2944 2917 127 2166 1654 109 High 3975 1 3932 8 2439 2381 16 C. Membership Date—November 15.......................................(No Change)........Pg. 17 II. Annual Update to SAPFO System A. Capital Investment Plan (CIP) ...........................................(No Change)........Pg. 18 B. Student Membership Projection Methodology.................(No Change)........Pg. 19 The average of 3, 5,and 10year history/cohort survival,linear and arithmetic projection models. C. Student Membership Projections.......................................(Change)..............Pg. 29 Analysis of 5 Years of Projections for 2020-2021 School Year—Chapel Hill/Carrboro City Schools The first column for each year includes the student membership projection made for 2020-2021 in that given year.The second column for each year includes the number of students the projection was off compared to actual membership.An"L"indicates the projection was low compared to the actual,whereas an"H"indicates the projection was high compared to the actual. Year Projection Made for 2020-2021 Membership Actual2020 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 Membership Elementary 4893 5699 H806 5728 H835 5473 H580 5444 H551 5356 H463 Middle 2917 2996 H79 2984 H67 2929 H12 2981 H64 3045 H128 High 3932 T 3883 H49 3879 H53 3933 H1 3972 H40 3985 H53 i 10 Analysis of 5 Years of Projections for 2020-2021 School Year-Orange County Schools The first column for each year includes the student membership projection made for 2020-2021 in that given year.The second column for each year includes the number of students the projection was off compared to actual membership.An"L"indicates the projection was low compared to the actual,whereas an"H"indicates the projection was high compared to the actual.) Year Projection Made for 2020-2021 Membership Actual 2020 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 Membership Elementary 3047 3390 H343 3267 H220 3186 H139 3262 H215 3267 H220 Middle 1654 1790 H136 1765 H111 1730 H76 1737 H83 1728 H74 High 2381 2604 H223 2539 H158 2456 H75 2371 H10 2401 H2O D. Student Membership Growth Rate....................................(Change)..............Pg. 37 Projected Average Annual Growth Rate Over Next 10 Years Chapel HilUCarrboro Orange County School District School District Year Projection 2016- 2017- 2018- 2019- 2020- 2016- 2017- 2018- 2019- 2020- Made: 2017 2018 2019 2020 2021 2017 2018 2019 2020 2021 Elementary 0.91% 0.36% 0.56% 0.65% -0.23% 0.51% 0.58% 0.91% 0.84% -0.02% Middle 0.95% 0.21% 0.19% -0.07% -1.50% 0.36% 0.13% 0.28% 0.37% -0.67% High 1 0.72% 0% 0.16% 0.03% -1.44% 0.22% -0.10% 0.21% 0.21% -0.98% E. Student/Housing Generation Rate ..................................(No Change)........Pg. 40 SCHOOL ADEQUATE PUBLIC FACILITIES ORDINANCE STATUS Based on future year Student Membership Projections) CHAPEL HILL/CARRBORO SCHOOL DISTRICT Elementary School Level A. Does not currently exceed 105% LOS standard(current LOS is 86.4%). B. The projected growth rate at this level is expected to decrease over the next 10 years average- -0.23%per year compared to 0.29% over the past 10 years). C. Similar to last year, projections are not showing a need for an additional Elementary School in the 10-year projection period. Middle School Level A. Does not currently exceed 107% LOS standard(current LOS is 99.1%). B. The projected growth rate at this level is expected to decrease over the next 10 years average- -1.50% compared to an average of 1.19% over the past 10 years). C. Similar to last year, projections are not showing a need for an additional Middle School in the 10-year projection period. High School Level A. Does not currently exceed the 110% LOS standard(current LOS is 98.9%). B. The projected growth rate at this level is expected to decrease over the next 10 years average- -1.44% compared to 0.90% over the past 10 years). C. Capacity has increased by 100 seats due to renovations at Chapel Hill High School. Similar to last year,projections are not showing a need to expand Carrboro High School from the initial capacity of 800 students to the ultimate capacity of 1,200 students in the 10-year projection period. ii 11 ORANGE COUNTY SCHOOL DISTRICT Elementary School Level A. Does not currently exceed 105% LOS standard(current LOS is 90.7%). B. The projected growth rate at this level is expected to decrease over the next 10 years average— -0.02% compared to 0.09% over the past 10 years). C. Similar to last year, projections are not showing a need for an additional Elementary School in the 10-year projection period. Middle School Level A. Does not currently exceed 107%LOS standard(current LOS is 76.4%). B. The projected growth rate at this level is expected to decrease over the next 10 years average— -0.67% compared to 0.59% over the past 10 years). C. Similar to last year,projections are not showing a need for an additional Middle School in the 10-year projection period. High School Level A. Does not currently exceed 110% LOS standard(current LOS is 97.6%). B. The projected growth rate at this level is expected to decrease over the next 10 years average— -0.98% compared to 0.81% over the past 10 years). C. Similar to last year,projections are not showing a need to expand Cedar Ridge High School from the initial capacity of 1,000 students to 1,500 students in the 10-year projection period. ADDITIONAL INFORMATION COVID Impacts Both school districts have experienced decreases in student membership due to students being withdrawn and enrolled in private schools with in-person learning or homeschooled. At this time, staff believes these are temporary impacts and a majority of these students will return when in- person learning commences. However, the loss of students has impacted the SAPFO 10-year projections by decreasing future student growth rates and service levels and pushing building capacity needs far beyond the 10-year projection period. Recognizing concerns with these projections not being constructive in planning for the future or when students return to the classroom, Orange County Planning staff drafted hypothetical 2020-21 student membership and grade level numbers in order to generate alternative 10-year student projections. Hypothetical student membership and grade level numbers were drafted based on SAPFO data from previous reports. The purpose of this was to draft informal projections which may depict future student growth rates and service levels without the impacts from COVID. Staff believes the 10-year projections will correct themselves when students return to the classroom and student membership numbers increase to regular levels. Due to the requirements in the SAPFO MOUs, these projections cannot be certified,but may be documented in the annual report. Similar to the 2020-21 SAPFO projections, the alternative projections utilize the same methodology contained in the SAPFO MOUs. The four alternative projections were based on the following scenarios and data: Scenario 1: Draft 10-year projections using 2019 SAPFO student membership and grade level numbers for this school year(2020-21). Scenario 2: Draft 10-year projections using the average student membership and grade level numbers from the previous five school years (2015-2019). iii 12 Scenario 3: Draft 10-year projections using the average Student Growth Rates from the past 10 school years. Scenario 4: Draft 10-year projections using the average Student Growth Rates over the next 10 school years. Based on the four alternative projections, no capacity needs were identified in the 10-year projection period for both districts. Outcomes (i.e. projected student membership, service levels, and student growth rates) of the alternative projections are similar to 10-year projections contained in previous SAPFO reports. The following tables provide a summary of the alternative projections for the 2030-31 school year including average student membership numbers and service levels. In addition, average student membership numbers and service levels from the 2020-21 SAPFO projections are provided for comparison purposes. The 2020-21 SAPFO projection sheets, contained on pages 35 and 36 of this report, are certified annually by the Orange County Board of Commissioners. Spreadsheets of the alternative projections can be provided upon request. Chapel YWWNPUarrboro City Schools SAPFO Level of Service (LOS) and Building Capacity Eleme tary Middle Hi h Capacity at Capacity at Capacity at Capacity at Capacity at Capacity at 100%LOS 105%LOS 100% LOS 107% LOS 100% LOS 110% LOS 5,664 5,947 2,944 3,150 3,975 4,373 2030-31 School Year Eleme tary Middle High Average Level of Average Level of Average Level of Membership Service Membership Service Membership Service Scenario 1 5,688 100.4% 3,040 103.2% 3,954 99.5% Scenario 2 5,751 101.5% 3,010 102.3% 3,948 99.3% Scenario 3 5,724 101.1% 3,073 104.4% 4,009 100.9% Scenario 4 5,738 101.3% 3,067 104.2% 3,987 100.3% 2020-21 4,782 84.4% 2,505 85.1% 3,401 85.5% Projections SAPFO Level of Service LOS and Building Capacity Eleme tary Middle High Capacity at Capacity at Capacity at Capacity at Capacity at Capacity at 100%LOS 105%LOS 100% LOS 107% LOS 100% LOS 110% LOS 3,361 3,529 2,166 2,318 2,439 2,683 2030-31 School Year Eleme tary Middle Hi h Average Level of Average Level of Average Level of Membership Service Membership Service Membership Service Scenario 1 3,478 103.5% 1,819 84.0% 2,444 83.2% Scenario 2 3,413 101.6% 1,797 83.0% 2,434 82.8% Scenario 3 3,492 103.9% 1,836 84.8% 2,471 84.1% Scenario 4 3,516 104.6% 1,843 85.1% 2,477 84.3% 2020-21 3,039 90.4% 1,545 71.4% 2,157 73.4% Projections iv 13 Changes in Average Class Size In 2018, the North Carolina General Assembly unveiled House Bill 90 which allows for a phasing-in process to address the decrease in class size averages over the next three school years. Based on House Bill 90, average class sizes for kindergarten to third grade will face a decrease from 1:20 to 1:19 for the 2019-2020 school year, 1:19 to 1:18 for the 2020-2021 school year, and 1:18 to 1:17 for the 2021-2022 school year. Reductions in class size averages may create elementary school capacity issues for the 2024-25 school year based on the four alternative SAPFO projections. In order to address these impacts in time, the School Boards and Orange County Board of Commissioners met to review elementary school capacity (including Pre-K impacts) and determine how to implement the school capacity changes into the SAPFO annual report and 10-year student membership and building capacity projections sheets. At this time, no decisions have been made by the Schools Joint Action Committee (SJAC). As a result, the 1:20 class size continues to be used for SAPFO purposes. Pre-K Students In recent years, Pre-K enrollment has been a topic of discussion with both school districts. At this time, SAPFO has not been amended to include Pre-K in the membership and capacity numbers. Pre-K enrollment has been included in discussions regarding changes in class size and school capacity. However, Pre-K numbers and impacts continue to be monitored by the SAPFOTAC. In addition, the annual report will begin to report Pre-K membership beginning with the 2019-20 school year, prior to COVID impacts. Pre-K students for each district is as follows: ChapelFPiiOrangeCounty City Schools Schools School Year Number of Students Number of Students 2019-20 267 144 2020-21 208 86 Charter and Private Schools Currently, there are two Charter Schools located in the Town of Hillsborough. Charter student membership for these two schools is as follows: emy The Expedition School School Year Number of Students I Number of Students 2017-18 542 326 2018-19 655 +113 355 +29 2019-20 715 +60 365 +10 2020-21 747 +32 365* The Expedition School reached.full capacity of 365 students last school year Charter and private schools are not included as part of the SAPFO Annual Report and, as a result, their membership and capacity numbers are not included in future projections. SAPFO projections are used for projecting only public school capacity/construction needs. However, the SAPFO Technical Advisory Committee does monitor charter and private schools and their effect on student enrollment in both school districts. If a charter or private school were to close and a spike were to be realized in school enrollment, the student projections would likely accelerate the need for additional capacity in future years, but likely still within an appropriate time for CIP planning. Charter Schools are also monitored by the Department of Public Instruction(DPI) which provides pupil information, based on data received from Charter Schools located in Orange County, to the County for funding purposes. The County budgeted for charter schools as follows: v 14 Chapelbiro Orange County City Schools Schools Fiscal Year Number of Students Number of Students 2017-18 162 617 2018-19 155 -7 769 +152 2019-20 169 +14 843 +74 2020-21 166 -3 885 +42 Although charter and private schools numbers are not collected for SAPFO purposes, impacts due to enrollment at these schools are accounted for in SAPFO process with the annual reporting of student membership and growth rates contained in the 10-year student projections. Future Residential Development Proposed growth is not included in the SAPFO projection system until actual students begin enrollment. The Certificate of Adequate Public Schools (CAPS) test is conducted during the approval process at a certain stage. Once students are enrolled in a school year, through annual reporting of student membership numbers, 10-year student projections can be updated to display future capacity needs in time to efficiently plan for future school capacity/construction requests. The SAPFOTAC continue to monitor and evaluate the demand and growth of residential development throughout Orange County as well as its effect on student membership rates. Below is a list of larger residential projects and the potential number of students from these projects which may have an impact in the short term. Please note, the City of Mebane is not a party to the SAPFO agreement and therefore does not require that CAPS (Certificate of Adequate Public Schools)be issued prior to development approvals. As a result, the expected number of students is based on unit type and bedroom count estimates. Residential Project Jurisdiction Proposed Total Expected Number of Units Students Elementary: 84 Collins Ridge Phase 1 Hillsborough 672 Middle: 45 High: 57 Elementary: 44 Weavers Grove Chapel Hill 235 Middle: 18 High: 20 Elementary: 60 The Meadows Mebane 256 Middle: 31 High: 34 Elementary: 9 Stagecoach Corner Mebane 35 Middle: 5 High: 6 Bowman Village/Bowman Elementary: 48 Place Mebane 177 Middle: 23 High: 30 The Townes of Oakwood Elementary: 5 Square Mebane 88 Middle: 4 High: 5 Northeast Village Elementary: 46 Havenstone Phase 1 & 2) Mebane 169 Middle: 22 High: 29 vi 15 Elementary: 49 Tupelo Junction Mebane 181 Middle: 24 High: 31 School Renovation and Expansion The Schools Adequate Public Facilities Ordinance (SAPFO) student projections illustrate when the adopted level of service capacities are forecasted to be met and/or exceeded in anticipation of CIP planning and the construction of a new school. Both school districts continue planning efforts to renovate and expand existing facilities to address school capacity needs in a more feasible way. Additional capacity resulting from school renovations and expansions will be added to the projection models in stages, once funding is approved, versus the addition of greater capacity when a new school is constructed and completed. The renovation and expansion to existing facilities may delay construction of new schools further into the future, depending on how and how much capacity is added to the system. 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IRUVFKRRO\HDUVWKURXJK,QDFFRUGDQFHZLWK6FKRRO&ROODERUDWLRQ:RUN*URXSGLUHFWLRQHIIHFWLYHWKHVFKRRO\HDUZLWKWKHRSHQLQJRI&+&&6(OHPHQWDU\.FODVVVL]HVDUHDVGLUHFWHGE\SDVW6WDWHOHJLVODWLYHDFWLRQ,WLVLPSRUWDQWWRQRWHWKDWWKLVUHIOHFWVWKH1RYHPEHUGDWHRIPHPEHUVKLSDVRXWOLQHGLQE\WKH6FKRROV$GHTXDWH3XEOLF)DFLOLWLHV2UGLQDQFH&DSDFLW\GHFUHDVHGXHWRFKDQJHLQFODVVVL]HUDWLRVSHU+RXVH%LOO.DYHUDJHFODVVVL]HUDWLRVDUHDVGLUHFWHGE\6WDWHOHJLVODWLYHDFWLRQ2UDQJH+LJKFDSDFLW\GHFUHDVHGSHU'3,VWXG\&HGDU5LGJH+LJK6FKRRODGGLQJVHDWV Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Admin.-HR Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 6.H Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Haley Bizzell, Interim Human Resources Director ITEM TO BE CONSIDERED Subject: Extension of emergency paid sick leave under the American Rescue Plan Act Attachment(s): 1. American Rescue Plan Act: Extension of Emergency Paid Sick Leave Policy (effective April 1, 2021) Brief Summary: The American Rescue Plan Act (ARPA), effective April 1, 2021, has given employers the option to extend emergency paid sick leave (EPSL) through Sept. 30, 2021. EPSL that the town pays between April 1 - Sept. 30, 2021 may be eligible for a tax credit or reimbursement of FICA. The changes to EPSL under ARPA are that employees may receive an additional 80 hours of paid leave even if they have received COVID related paid leave prior to April 1, 2021. ARPA also expanded eligibility reasons for leave to include the time during which an employee is waiting for the results of a COVID test because the employee was exposed to COVID-19 or because the employer has asked the employee to get tested, the time spent getting vaccinated against COVID-19; and any time when the employee cannot work due to side effects from a COVID-19 vaccination. Action Requested: Approve the extension of EPSL under ARPA. ISSUE OVERVIEW Background Information & Issue Summary: Emergency Paid Sick Leave (EPSL) was not required to be extended beyond Dec. 31, 2020 under the Families First Coronavirus Response Act (FFRCA). However, the town offered a similar leave, COVID paid sick leave, to employees beginning January 1, 2021. The town’s COVID paid sick leave policy mostly followed the same rules as EPSL did under FFRA. The town added an eligibility reason of leave for employees who experience adverse effects from a COVID-19 vaccine. Under ARPA, the updates/changes to our current policy include, renaming COVID paid sick leave to emergency paid sick leave, allowing employees to receive an additional 80 hours of paid leave for those who have already received town paid COVID related leave, and revising language to the policy to ensure that we comply under ARPA. The process and eligibility reason for employees to request EPSL will not change. Financial Impacts: None Staff Recommendations/Comments: Approve the extension of EPSL under ARPA. American Rescue Plan Act: Extension of Emergency Paid Sick Leave (effective April 1, 2021) The Town of Hillsborough will extend emergency paid sick leave under the American Rescue Plan Act (ARPA) for eligible employees under certain conditions. 1. Eligibility All employees (full-time, part-time, temporary) are eligible for emergency paid sick leave. 2. Reason for Leave You may take emergency paid sick leave if you are unable to work (or telework) because of any of the following: • Reason #1: You are subject to a federal, state, or local quarantine or isolation order related to COVID-19. • Reason #2: You have been advised by a health care provider to self-quarantine because of COVID-19. • Reason #3: You are showing symptoms of COVID-19 and are seeking but have not yet received a medical diagnosis; you are seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID-19 and have been exposed to COVID-19; or you are obtaining immunization related to COVID-19 or recovering from any injury, disability, illness, or condition related to such immunization. • Reason #4: You are caring for an individual who is either is subject to a quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self- quarantine due to concerns related to COVID-19. • Reason #5: You are caring for a child whose school or place of care is closed, or whose childcare provider is unavailable, due to COVID-19 precautions. 3. Duration/Compensation a. Employees are entitled to: • Full-time employees: 80 hours of emergency sick leave at their regular rate of pay. • Part-time employees: Pay for the number of hours the employee works, on average, over a two-week period. When taking leave part-time employees are entitled to their regular rate of pay. • Sworn law enforcement officers: Additional 4 hours of administrative leave for employees who are subject to the FLSA’s Section 7(k) exemption (pro-rated for part- time employees). b. The Sick Leave Act allows employers to exclude emergency responders (law enforcement, public works, and utilities personnel) from emergency paid sick leave coverage. The town has elected to extend coverage to all employees. Based on operational needs, the town manager may later elect to apply partial or full exclusions for emergency responders in accordance with the act. 4. Leave Rules a. You may elect to use emergency paid sick leave before using any accrued paid leave. b. Intermittent emergency paid sick leave may be permitted in certain situations (for example: while telecommuting and while providing childcare). c. You are eligible for up to 80 hours of emergency paid sick leave regardless of if you have received town-paid leave related to COVID-19 prior to April 1, 2021. d. Emergency paid sick leave cannot be carried over after Sept. 30, 2021. 5. Requesting Leave a. If you need to take emergency paid sick leave, provide notice to your supervisor as soon as possible. Normal call-in procedures apply to all absences from work. b. A copy of your leave request and supporting documentation (note from health care provider, isolation/quarantine order, etc.) must be provided to Human Resources prior to the payroll deadline or as soon as possible if the deadline has already passed. 6. Retaliation The town will not retaliate against employees who request or take leave in accordance with this policy. 7. Expiration This policy expires Sept. 30, 2021. Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 7.A Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Discussion of use of the Fairview Police Substation and Community Center Attachment(s): 1.Presentation slides from Fairview Community Watch 2.Background and support information from Fairview Community Watch 3.Building floor plan 4.Building site plan Brief Summary: Members of the Fairview Community Watch will attend the meeting to provide background on their activities, request improved access to the building at 501 Rainey Avenue, and town partnership in their continuing efforts to strengthen and improve their community. Action Requested: Discussion and direction ISSUE OVERVIEW Background Information & Issue Summary: The attached background information is provided by the committee to document a commitment from the town for the building at 501 Rainey Ave. to be a community center in addition to a police substation. In the short term, the community is seeking improved access to the building for the group’s use. The current method of calling and waiting for someone to come unlock the facility is not acceptable to the community. In the longer term, the committee has interests in a larger facility to accommodate growing interests and activities in the community. The committee continues to seek outside financial support to improve the building and their community. No specific funding request is being made. Any feedback from the board regarding these goals would be welcome. Financial Impacts: Depends on the direction pursued. Staff Recommendations/Comments: Staff believes there are a variety of ways to provide improved access to the building for community members. Some direction from the board about this is desired to guide efforts. If acceptable to the board and community, staff recommends a phased approach where keys are made available to either a few individuals or through a lock box and an electronic calendar is created to track the use of the building. Staff suggests pairing this with a memorandum of understanding with the community to establish expectations in writing. These two steps can be done in a fairly short period of time and with limited costs. This option also allows the police to maintain their use of a portion of the building. After a period of time (perhaps 6 months), we can evaluate how things are going: • Is more flexible access needed? • Is maintenance being handled efficiently & effectively? • Is scheduling going OK? • Is a more formal lease with the organization a better option? If this path is acceptable, staff can continue to work with the committee to develop a memorandum of understanding and improve access in the short term. 4/7/2021 1 Fairview Community Center Town of Hillsborough April 12, 2021 Fairview Community Watch Mission: Making the Fairview Community a safer, healthier, fairer, and more enjoyable place to live. 1 2 4/7/2021 2 Community Center Priorities 3 4 4/7/2021 3 Community Center Priorities Expected Impact of Fairview Community Center 5 6 4/7/2021 4 Expected Impact of Fairview Community Center Funding Opportunities • Republic Services National Neighborhood Promise (annual) • Lowe’s Foundation • Home Depot Foundation • Presbyterian Committee on the Self-Development of People • AARP Community Challenge Grant • Go Fund Me, Local Fundraising efforts 7 8 Last revised 11/5/2013 Fairview Community Watch Mission Statement Making the Fairview Community a safer, healthier, fairer, and more enjoyable place to live. Fairview is a Division of the City of Hillsborough, NC. Fairview Community Watch is a non-profit organization with purposes that include: • To create a better environment through working with civic, religious, and government groups to have a police station, a public park, sidewalks, and a community garden. • To foster a sense of community and inclusion by hosting dinners, fairs, and other events for individuals and families from the neighborhood and community. • To work with Habitat for Humanity in integrating the more than 40 Habitat for Humanity homeowners into the Fairview Community. • To form partnerships with police department, county and city government, churches and other Community Watch groups to accomplish our goals. • To inform the community and county of our plans and needs through meetings, posters, and a Fairview newsletter. • To raise funds through events and donations to fulfill our mission. 1 BACKGROUND INFORMATION: FAIRVIEW COMMUNITY CENTER In June 1988, the Fairview neighborhood was annexed into the Town of Hillsborough and is now also considered a neighborhood within the town. The first idea for a Police Substation/Community Center in the Fairview Community were generated in the early 1990’s. In January 1999, the Fairview Community Policing /Community Center was proposed. (“Community Policing Center 2001”) The town approved the project budget at a board meeting in June 2001. Blueprints for the building were drawn on June 12, 2001. Grounds for the Police Substation/Community Center was broken in September 2001. The Ribbon cutting ceremony was in June 2002 (about a year later). “Fairview Community Policing Center Service providers have reported that the Substation will house more than just the police. Plans include offices for the health department, social services, and other county level offices in an effort to Fairview’s access to these services. Many interviewer’s proposed using the substation as a place to offer tutoring services for youth. Other suggestions included having a guidance counselor or teen mentoring program, computer classes, activities for seniors, and a place for church choirs to practice. These ideas were proposed in 2002.” (This information/report was written by a Group of UNC Students for the Department of Health Behavior and Health Education, School of Public Health @ UNC-Chapel Hill dated May 7, 2002) The Fairview Initiative Group was formed in June of 2006 in response to growing concerns of Fairview Residents about safety, appearance and homeownership in the Community. We are now called the “Fairview Community Watch Group.” Fast Forward to 2020 – 2021: Police presents is limited at the Substation. Majority have moved out the Substation to a downtown location. This could be due in part that Crime has gone down in the neighborhood. Therefore, we are ready for a Community Center that will be accessible to ALL. At the current time, we are limited on its access and use by the community. We want to look at how the current building might be modified and improved to truly serve as a Community Center for our neighborhood. Fairview Community Center Proposal Proposed priorities for building renovation Priorites Description Needs Phase 1 Immeditately Access to Building Convenient, accessible entry into building Scheduling Responsibilities FCW maintains schedule for use of building Lease Agreement Lease agreement between FCW & Town General Interior Upgrade Upgrade to interior of building to be welcoming to community Paint, lighting, storage, community- specific art or information on walls Maintenance & Upkeep Town continues maintenance & upkeep of building Phase 2 Determined by Funding Expanded Kitchen Space Expanded kitchen space would enable community to host events, community dinners, cooking workshops, etc. Larger space, stove, refridgerator/freezer, prep tables, food warmer, kitchen sink, supplies, ice maker Multi-Purpose Space Expanded meeting space for monthly meetings, community events workshops, exercise classes, etc. Expected capacity need up to 100-150 people. Foldable tables with wheels, chairs, projector, white boards, projector Bathroom Facilities Expanded bathroom facilities to meet increased use of building Computer and Office Supplies Supplies to expand use and access for community programming 3-5 computers, internet, office supplies, printing, shredder Fairview Community Center Proposal Current and proposed activities of the Police Substaion / Community Center Activty Description Status Frequency of Event Expected # of Residents Impacted Per Activity Total # of Residents Impacted Per Year Community Watch General Meeting General monthly meeting Current 1 x month 30 360 Community Watch Subcommittees Subcommitte meetings (Internship, Newsletter, etc.)Current 2 x month 15 360 Community Watch Christmas Party Annual Christmas Party Current 1x year 125 125 Fairview Live Bi-annual neighborhood block party Current 1x every two years 250 125 Fairview Summer Internship Summer internship program for high schoolers Current 2x week during summer 10 200 UNC Habitat Tutoring Tutoring offered by UNC students associated with UNC Habitat chapeter Current 2x week during school year 30 1920 Green Thumb Club Educational opportunity offered by community garden Current 2x week during summer 25 600 Covid-19 Food Assistance Gift cards distributed to Fairview residents during Fall 2021 Current As needed 750 750 Odie Street Homeowner Association Monthly Meetings for Habitat's Odie St Community (once completed)Proposed Monthly 25 300 Habitat Home Maintenance Workshops Workshops completed by Habitat staff Proposed 4 x year 15 60 ESL Classes Workshops for English as Second Language Proposed 1 x month 15 180 Self-Defense Classes Workshops for neighborhood self- defense Proposed 1 x month 15 180 Food & Nutrition Classes Workshops offered by NC State Cooperative Extension Proposed 1 x month 15 180 Women Fitness Classes Workshops offered to women Proposed 1 x month 15 180 Career Skills Support Support provided for computer use and job applications Proposed 1 x month 15 180 Dance Classes Dance class for Fairview youth Proposed 1 x month 15 180 1365 5880 Excerpts About Police Substation/Community Center from 2002 Community Diagnosis Gertz, E., Jamison, N., Maurer, M., Ng, A., & Trinh, T. (2002, May 7). Fairview, Hillsborough Orange County An Action-Oriented Community Diagnosis: Findings and Next Steps of Action. Retrieved April 06, 2021, from http://archives.hsl.unc.edu/cdpapers/Fairview02.pdf EXECUTIVE SUMMARY “At the time of this document, the community is anticipating changes, as a new police substation will soon open in the neighborhood.”(pg 4) “Police Substation: The police substation, due to open in June 2002 will house representatives from the Hillsborough Police, the Orange County Sheriff Department, the Orange County Public Health Department, the Department of Social Services and other agencies. The building’s opening has been highly anticipated by community members and service providers; however there are mixed feelings about the need for the substation and how it will serve the community.” (pg 6.) History “The most recent event in Fairview’s history is the construction and opening of a police substation. One service provider stated that the original plans for the substation began in 1990. However, it was not until 1998 that the Town Board met with the Fairview community watch group to discuss the community’s needs. Following the meeting, a task force was formed, and in January 1999 the Fairview Community Policing/Community Center was proposed (“Community policing center”, 2001). The Town approved the project budget at a board meeting in June 2001 and ground was broken in September of the same year (“Ground broken”, 2001). The ribbon cutting ceremony is expected to be in June 2002.” (pg 12.) Substation “As discussed earlier, the first ideas for a police substation/community center in the Fairview community were generated in the early 1990’s. Since that time, the plans have gone under numerous revisions and now, ten years later, the construction of the building is nearly complete. The building’s opening has been highly anticipated by community members and service providers; however there are mixed feelings about the need for the substation and how it will serve the community. As one service provider put it, “Different people have seen it different ways. Some see it as a community center; some see it as a substation. Only time will dictate.” Service providers have reported that the substation will house more than just the police. Plans include offices for the health department, social services, and other county level offices in an effort increase Fairview’s access to these services. As one service provider said, “People don’t want to come downtown. When they know the schedule of office hours at the community house, they can go within their community to get help, instead of putting it off.” However, another service provider expressed concern that some services may not be provided as originally planned. “It was my impression when the original planning began that social service resource 19 people would be stationed there full time to do community outreach. Now, because of funding issues, it appears that they will only go out there when needed to provide services.” Despite the fact that the substation is due to open in June 2002, there are no definite plans for the services at the time that this document was written. Community members had little information concerning the county services that may or may not be offered in the new building. They focused their attention on the police activities and whether or not they would be beneficial. Many community members felt that the increased police presence would discourage crime and reduce the amount of time it takes for police to respond to emergency calls. One community member said, “I’m happy about the substation because people doing unlawful things will hesitate with the police so close.” Several other community members had reservations. Another community member wondered if she was “placing too much hope in the substation” and others felt that the new substation was simply not going to help. “What difference will it make? No one even flinches when the cops drive by. It’s the same cops. People don’t have respect for them anyway.” Although service providers and community members had different foci when considering the substation, they agreed that the building needs to offer services to the community. Many interviewees proposed using the substation as a place to offer tutoring services for youth. Other suggestions included having a guidance counselor or teen mentoring program, computer classes, activities for seniors, and a place for church choirs to practice. Many service providers and some community members felt that the substation has the potential to create positive change and encourage collaboration saying, “I think that once the community house/police station is done it should be able to bring more people together.” Only time will determine the impact of the substation; however, potential problems may arise. While 20 many people express positive opinions about the substation, some community members worry that the size of the building will limit its usefulness. Many community members already would like to see the building expanded in order to offer more services to Fairview. However, one service provider reported, “there are not plans to make it that way.” (pg 22 – 24.) Health “Service providers hope that health and social service programs offered through the substation will improve access to health care services.” (pg 34) COMMUNITY FORUM REPORT “The substation work group discussed the relationships between the police and the residents as well as the lack of awareness of the substation’s purpose. The group chose several action steps, such as posting flyers and holding meetings to discuss the purpose, uses and benefits of the substation. The group selected a participant to organize the next meeting and community members planned to attend future block captain meetings. The 15 participants included the former mayor, the community-policing captain, and many area residents.” (pg 42) Excerpts from Town of Hillsborough Board Meetings on Police Substation / Community Center Source: Town of Hillsborough Meeting Minutes • 01-13-97 “Swanson notified the Board that Community Policing Officer Judy Jacobs has scheduled a discussing crime fighting strategies in the Fairview community.” • 03-11-97 “The Fairview Community Committee volunteered their time, free labor during construction and staffing after completion of a substation/community building. Dorothy Johnson reviewed several suggested uses for this building, reasons why it is needed, and suggested funding sources. A copy of the Fairview Community: Call for Action and petition is hereby made a part of these minutes as Attachment V. o Suggested Uses of Building: i. Substation site for Law Enforcement Officers ii. Office site for Orange County Social Services iii. Office site for Orange County Mental Health iv. Easy phone access for police officer, sheriff’s deputies, and others during emergencies v. Location for organized activities offered by Parks and Recreartion vi. Use as a recycling center drop-off point by Department of Sanitation vii. Use by local nonprofits for meetings viii. Use by local community college to offer GED, vocational classes, and more to local residents ix. Use by citizens for Community Watch meetings, neighborhood block parties, etc. • 03-22-97 “Mayor Johnson introduced Police Sergeant/Special Projects Judy Jacobs, Community Policing Officer. Officer Jacobs addressed the Board and confirmed the Fairview Community’s desire to have a Community Building/Police Substation in their community. After much discussion, Manager Swanson stated that many of the “non-substation” issues will be taken care of by the Town such as street lighting, no parking signs, and street marking. By consensus, the Board directed Officer Jacobs to obtain information from other municipalities who have experienced the same problems as the Fairview Community and how they were able to solve these problems. • 06-17-97 “[Added Item IX.D Fairview Sub-Station History] Commissioner Simpson asked to be informed of the history of the plans for a police substation in the Fairview area. Interim Town Manager Carter informed the Board that the Minute Books have been researched and although discussion documentation had been found, no authorization for land purchase or sign erection have been found thus far. Carter assured Commissioner Simpson that she was still searching for information but also explained that land acquisition is usually done in Closed Session and until the changes to the Open Meetings Law took effect minutes were not required to be kept of Closed Session meetings. Carter told the Board she would present any further documented information at the June 30, 1997 Noon meeting.” • 06-30-97 “Commissioner Martin suggested that the Board needs to look at possibly changing the working on the sign. Commissioner Chavious agreed that the Board needs to do something. He suggested that the property might be used as a station for a mobile unit. Mayor Johnson suggested calling the facility a Community House rather than a Police Substation and allowing it to be used for community functions. Commissioner Simpson disagreed and stated that the park will be a public park, not a community park, and that this facility should also be for public use. Commissioner Smith stated that the Board of Commissioners never voted to build a building on that site. By consensus, the Board directed Interim Town Manager Sherry Carter to have Town staff investigate the possibility of obtaining grants for the purchase of a mobile unit and any costs involved. By consensus, the Board agreed to leave the existing sign standing until further notice. Commissioner Martin suggested that an article be written in the News of Orange that would show the Board’s concern with this issue and show that the Board is investigating feasible available options.” • 08-11-97 “Commissioner Chavious requested to add an item to discuss the Fairview Police Substation issue. This item was added after the report on the Police Mobile Van Unity as Item IX.A.I.” & “[A. Police Mobile Van Unit.] Interim Police Chief Nathaniel Eubanks presented a report prepared by Sergeant Judy Jacobs containing information on similar units currently being utilized by the City of Sanford and the City of Raleigh. Interim Chief Eubanks rendered an overview which communicated that a mobile van unity is commonly used in crime-ridden areas, at special events, or anywhere police presence is needed. A mobile unit can act as a police command post for missing children or as a home base for natural disaster relief. By establishing a police command post, the department becomes immediately accessible to the residents of the community housing the command post. The department can easily form bonds of trust and mutual assistance with the citizens, which can only help the department in its attempts to address crime and quality-of-life issues.” & “Commissioner Lloyd requested that staff also provide to the Board information on the amount of funds which would be required to build a substation/community building. Mayor Johnson provided information on the Board obtained from Mebane Lumber Company on the cost of materials to build a substation/community building. He stated that a 28’ x 40’ building is 1,120 square feet which built at $10.00 per square foot comes to $11,200 for the building materials; $2,500 for brick; $2,200 for the concrete slab; $2,000 for plumbing and fixtures; $3,000 for electrical wiring, totaling $20,900 with $7,000 built in for contingencies. Commissioner Simpson expressed his concern for the placing of a permanent structure which would only serve one neighborhood. Commissioner Chavious expressed his opinion that the Town is not in the business of building “community centers”, but is in the business of providing protection and crime prevention for the entire Town. Commissioner Martin requested assistance from the press to let the people in the Fairview community know that the Town Board plans to do “something” – it has just not been decided “what” at this point. She stated she thought it would be a good idea to hold another public meeting on this issue in September to receive public comment on the concept of a mobile van unit versus a police substation/community building and discuss all possible options. (A copy of the report is hereby made a part of these minutes as Attachment IX.A.) • 09-29-97 “The Hillsborough Town Board held a public meeting on September 29, 1997 at 7:30 P.M. in the Town Barn for the purpose of receiving public input from citizens regarding a police substation or police mobile unit.” • 04-14-98 “Manager Peterson informed the Board that there is a meeting of the Fairview Block Captains scheduled for Monday, June 22, 1998 at 7:30 PM in the Town Barn.” & “[A. Consideration of an Ordinance amending Town Code Chapter 6, Section 6A-12 – Speed Limits] Mayor Johnson presented the Ordinance for the Board’s consideration and explained that this amendment was a recommendation from the Fairview Block Captains. Upon a motion by Commissioner Simpson, seconded by Commissioner Martin, the Board moved to approve the Ordinance amending Section 6A-12 Speed Limits in Chapter 6 of the Town Code as presented by a vote of 4-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these Minutes as an Attachment.” • 05-28-98 “Town Manager Eric Peterson began budget discussions on General Fund Revenues and Water/Sewer Fund Revenues. The Board discusses several expenditure items and decided to wait until July to initiated discussions regarding the placement of a police sub-station and/or community center in Fairview.” • 06-11-98 “Mayor-Protem Lloyd asked Ms. Johnson who was attending the meeting representing the Fairview Community her feelings on the Fairview Community Center. Ms. Johnson requested that the Board seriously consider approving a Fairview Community Center and/or Park Project. She stated that the Community needs something of this nature. Mayor-Protem Lloyd asked Ms. Johnson if the Board were to leave the funding in the Budget for a Community Center in Fairview, how would she feel about the recommended tax increase. Ms. Johnson responded that the tax increase was high, but would be worth it. • 07-13-98 “Town Manager Eric Peterson presented his agenda report to the Board. Additionally he noted that the Town is stepping up enforcement in Fairview and will most likely be [brining] some Town Code amendments to the Board for their consideration addressing some of the issues which are being found. • 11-09-98 “Town Manager Eric Peterson reported that he is scheduled to meet with an architect tomorrow regarding the Fairview Community Center/Police Substation.” • 12-14-98 “Manager Peterson informed the Board that the Fairview Community Center/Police Substation Committee will be meeting later this week and anticipate being to come before the Town Board in January to present their recommendation.” • 01-11-99 “Proposal for the Fairview ‘Community Policing Center’ January 11, 1999” • 05-17-99 “Mayor Johnson stated that the Town needs to get a commitment from Orange County on their participation in the use and funding for the Community Policing Center in Fairview” • 11-08-99 “The proposed contract has been received from the Architect on the Fairview Community Policing Station. The contract is currently under review by the Town Manager.” • 01-10-00 [f. County Human Services in New Building in the Fairview Community] Eric Peterson said that discussion would continue in the next few months on what human service activities could be located in this facility. He said that an architect has been hired and there have been meetings with many of the County departments that may be using this facility. After this input, he will meet with John Link and receive his input. He is still hoping to make this very affordable for all partners in this project. The building will be 2500 square feet. Commissioner Brown asked who would have a permanent presence in this facility. Eric Peterson said that community policing would use the facility for about two hours a day. All activities will be coordinated between the City and the County functions. Community Policing will be permanently located in this facility. There will be a policy for the community using the facility that will be developed by a committee of County and City officials. Frances Dancy said there is room for expanding. Also, meetings can be held in this facility.” • 03-13-00 “Peterson stated that the preliminary plan for the Fairview Community Policing Center has been finished and the final plan and cost estimates are being prepared.” • 07-10-00 “Town Manager Eric Peterson updated the Board on the Fairview Community Policing Center Stating that the final detailed design will be complete any day now. Peterson stated that he is also working on a draft Interlocal Agreement between the Town of Hillsborough and Orange County defining each government’s responsibilities in regards to the cost sharing and operation of the Center. Peterson hopes to have a draft of this Agreement for the Board to consider at their September Board Meeting.” • 10-09-00 “Town Manager Eric Peterson presented the Agreement for the Board’s consideration stating that the purpose is to establish an agreement between the Town of Hillsborough and Orange County regarding the basic operating and cost sharing methodologies for the construction and operation of the Fairview Community Policing Center. Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to approve the Interlocal Agreement for the Operating & Sharing the Cost for the Fairview Community Policing Center as presented by a vote of 5-0. The motion was declared passed • 03-12-01 “Peterson updated the Board on the status of the Fairview Community Policing Station. He reported that the Architects are meeting with the Board of Adjustment this week to review the final site plan.” • 07-23-01 “[4. Update on Construction of the Fairview Community Policing Station] Town Manager Eric Peterson reported he had met with the County Staff last week and the Interlocal Agreement has been approved. He informed the Board he would soon be bringing a construction contract before the Board for their consideration.” • 07-09-01 “[Items for decision- Regular agenda] A. Consideration of Bid Award for the Fairview Community Policing Station—Town Manager Eric Peterson reported there were nine bids received. All of the bids were higher than anticipated. The low bid was from the Keck Company in the amount of $274, 994. The Keck Company is currently working on some additional cost saving measures.” • 08-07-01 “[Item #3:] Town Manager Eric Peterson asked the members to consider approval of the construction contract for the Fairview Community Policing Center. He said the contract would be with the Keck Company $274,990.” • 10-08-01 “[General Fund: Expenditures] 10-6950-733 Fairview CP Center-Const/Bldg. $213,500 $31,500 $245,000” • 12-03-01 “[Items for decision- consent agenda] A. Approve Change Order for Fairview Community Policing Station in the amount of $821.00 to Keck Construction Company.” • 02-09-02 “County bond monies will provide $850,000 for the Fairview facility, but the town must make it clear to the county that they are not interested in controlling or staffing the facility. ACTION ITEM: The town should convene a committee with the county to start work on the Fairview project. The staff will get back to the board in March about members for the committee.” • 05-13-02 “[Appoint two Board Members to serve on the Fairview Park Planning Committee] Commissioner Sheridan volunteered to serve. By consensus, the Board nominated Commissioner Chavious to also serve. By consensus, the Board appointed Commissioners Sheridan and Chavious to serve as the Towns Representatives on the Fairview Park Planning Committee.” • 06-25-02 “[expenditures] 10-6950-730 Fairview Center/Construction [before] $245,000 [adj] $5,000 [after adj] $250,000” • 02-24-03 “Commissioner Sheridan reported that he and Commissioner Chavious attended a walking tour of Fairview and the status meeting the following day to begin to see what can reasonably be placed on the property.” • 06-14-04 “[N. Discussion of space needs at the Fairview Community Policing Station] Town Manager Eric Peterson reported that the Community Policing Division is need of additional space, especially with the likely addition of the Accreditation Manager in early FY05. He stated that he is interested in discussing Orange County’s long-term space needs at the building. If Orange County feels that making some of their space available at the Community Policing Station is a possibility and it would not negatively affect their operations, then the Town and County may be able to work out an arrangement so the Town can acquire some of this office space to meet Community Policing’s needs. The Manager requested directions from the Board. Commissioner Lowen also expressed concern that the large room at the Fairview Community Policing Station that was meant for community meeting space had been taken over by the Community Policing Division. He agreed that the Division needs the additional space “ • 09-26-05 “Planning Director Hauth stated they had discussed having a neighborhood meeting at the Fairview Community Station and asked if the Board still wanted that to take place and possibly when.” • 12-11-06 “H. Consider approval of Amendment to Interlocal Agreement for Operating and Sharing Costs for the Fairview Community Policing Station. Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve the Consent Agenda by a vote of 5-0. The motion was declared passed.” & “[Consider endorsing the Fairview Campus Master Plan] Mr. Potts distributed an updated site plan. He explained that Orange County was requesting that the Board formally approve and endorse the Fairview Public Campus Master Plan with the agreed upon solution to the Public Works land swap as conveyed in the November 6 letter from Mr. Peterson to Interim County Manager Rod Visser.” & “Mr. Peterson remarked said there was one caveat from the Manager’s standpoint. He said even though they were recommending approval, he would like to note that the Plan called for tennis courts to be placed on the campus, and he did not believe that was reasonable based on the expense and the uses of the property. Mr. Peterson said other possible uses that were ranked higher, such as basketball courts, a baseball field, a walking track and a playground.” • 02-26-07 “Commissioner Lloyd said she had received complaints that the substation was locked when visited. She said she had been told that teenagers came out of the woods at dusk at Torain Street and Rainey Avenue selling drugs, and had head that Lunsford’s was worse. Commissioner Lloyd said they had worked hard to get the Fairview substation, and it was supposed to help lower the crime rate. She said she wanted to see the substation used, noting that the presence of officers was reassuring. Commissioner Lloyd said if criminals knew that the substation was note being staffed, they would take advantage of that. She said just the presence of Police vehicles would help.” • 05-29-07 “Mr. Peterson noted that the Criminal Investigations Division was on page 167, and Community Policing was on page 173. He noted that $10,000 had been requested for the purchase of tables, chairs, and an overhead projector for the Fairview Community Policing station, and if the Board did not object he would include that in the budget.” • 03-10-08 “[Additional Access to Fairview] Commissioner Lowen said it had been brought to this attention that there was a fire in Fairview on Tulip Street a couple of weeks ago, and several people had contacted him to say they had been blocked and were not able to leave the neighborhood to get to work. He said that had brought back up the issue of not having any additional access out of that northernmost part of Fairview.” & “Commissioner Lowen said it was important that there be some emergency access out, especially considering the growth that would take place in that development.” & “Commissioner Gering asked hadn’t the Board been told in the past that it was an advantage to have only one in and out in Fairview as far as law enforcement was concerned.” & “Commissioner Lowen responded that Fairview was not a non- profit organization, although he believed that all Community Watch organizations should consider gaining non-profit status.” • 10-26-09 “Commissioner Lowen said one of the comments in the citizens survey was that now that many of the police vehicles had been moved to the Fairview substation, there were no cars at the Police Station, giving the perception that there were no officers there.” • 12-09-13 “Mayor Stevens commended Commissioner Fancy for being a good steward of town’s money, focusing on increasing the town’s fund balance but also not being afraid to spend money when it was warranted. He credited her with helping to improve the town’s infrastructure, helping to get the community policing station build in the Fairview neighborhood...” • 08-18-14 “Commissioner Ferguson said Hillsborough has not removed racism whether perceived or real, but you don’t hear about it with regards to the police department if you go to Fairview’s Community Watch meetings.” • 03-09-15 “Commissioner Ferguson reported that the Fairview Neighborhood meeting regarding security at Fairview Park took place. There will be cameras installed within 60 days. Orange County has dispensed with their non-profit rules for submitting their request. There was a good dialogue. It was a productive meeting.” • 09-14-15 “Commissioner Ferguson said residents of Fairview thought when they got the police substation they would also get a community center. Chief Hampton said the meeting room is used by the community more than it’s used by us. Chief Hampton said if the new safety center is developed, it should take pressure off the substation. Commissioner Ferguson said they wanted a working kitchen for cooking classes. We need to remember what we promised and fulfill that promise. Mr. Peterson said if you want to clear community policing out of there, we need to hear that from the Board. We don’t need direction tonight but between now and the budget retreat. Commissioner Ferguson said I’ve heard they’re happy to have community policing there. It’s that other piece. I want to make sure while we’re engaged in that conversation, take that into consideration. Mayor Stevens reiterated the Fairview community wanted both. Several on the Town Board expressed a desire to keep community policing at the Fairview substation.” • 10-10-16 “Commissioner Ferguson said there was a promise that the substation in Fairview was supposed to be a community center. I want to make sure that we do not lose that aspect of that building because the residents feel that it’s getting smaller. The residents’ memories have not faded, she said.” • 04-25-16 “10- 00- 3900- 3900- 000 FUND BALANCE APPROPRIATION Fund Balance To cover Fairview substation paving proje 2831 04/25/ 2016 JDELLAVAL 1, 252,029.00 37, 000.00 1, 708, 114. 51” “10- 20- 5120- 5700- 735 CAPITAL BLDG.& IMPROVEMENTS Police - Inves. To cover Fairview substation paving projt 2832 04/ 25/ 2016 JDELLAVAL 14, 750.00 37, 000.00 51, 750.00” “This is How We Grow.. Diversity… Fairview events” • 11-14-16 “[Community Policing Summary] Hillsborough Heights- Commissioner Kathleen Ferguson, from Hillsborough Hgts, will often attend the Fairview Community Watch for the purpose of relaying information back to her community.” “Commissioner Ferguson said there was a promise that the substation in Fairview was supposed to be a community center. I want to make sure that we do not lose that aspect of that building because the residents feel that it’s getting smaller. The residents’ memories have not faded, she said…Mayor Stevens summed up that the concerns/thoughts raised tonighr by the updated plan are… keeping the community center in the Fairview substation.” • 02-13-17 Agenda Regular Meeting: Former Mayor Horace Johnson is responsible the creation of police substation in Fairview Community • 02-15-18 “Ferguson asked about the events center component. Thompson said the agricultural center would have an events center component that would include a teaching kitchen and hold 125 people. Ferguson asked if the teaching kitchen could be accessible to the public. Thompson answered yes. Ferguson said the Fairview neighborhood has wanted a community kitchen and she is interested in whether this could be accessible to those residents. • 03-26-18 [In regards to Item #3: Future Land Use Plan amendment and rezoning request from Orange County impacting 21 acres to 1020 U.S. 70 West (with access to West Hill Avenue North)] “Ferguson said the Fairview neighborhood has wanted a community kitchen and she is interested in whether this could be accessible to those residents.” • 05-21-18 “Ferguson reminded the board that she continues to hear from Fairview neighborhood residents that the substation was promised to also be a community center with a kitchen for the neighborhood. Ferguson said the informal feedback she has received is that neighborhood residents want the building expanded and for the police presence to remain. This was noted.” • 06-11-18 “Ferguson reminded the board that she continues to hear from Fairview neighborhood residents that the substation was promised to also be a community center with a kitchen for the neighborhood. Ferguson said the informal feedback she has received is that neighborhood residents want the building expanded and for the police presence to remain. This was noted.” • 08-13-18 “Ferguson shared that Fairview Community Watch was recently awarded a $gar grant from Lowe’s that will be used for Fairview Live and for community listening sessions and mapping, like what was done at Rogers Road in Chapel Hill. The latter two will help their community look the way residents want it to. Some of the grant money will go to the community garden in that neighborhood as well.” • 10-08-18 “When asked how great a burden it would be for the Police Department to provide three officers to staff the barriers on West Margaret Lane, Hampton answered that would be a patrol squad. He noted officers hold a trunk-or-treat event at the substation in Fairview and some of that is staffed with officers who volunteer their time. Ferguson said it was important to her that the trunk-or-treat event at the substation took place because children were already anticipating it.” • 02-09-19 “Ferguson advocated for the Fairview community continuing to be able to use the Fairview police substation as a community center. She also said Fairview does not want to lose a police presence. Hampton said the plan would be to have a general police office in the substation and to possibly offer the community some office space. He said the proposal does not take away the usability of the building for the community. The unusable space in the lobby could be repurposed for offices. The substation could be used for training. Hampton said he hears the message that the community wants to use the building, but he does not see it being used. Ferguson said rearranging the lobby and kitchen may help.” & “Hauth said staff would think of the Fairview community when deciding what staffing needs are addressed with the police substation.” • 11-12-19 “Ferguson advocated for the Fairview community continuing to be able to use the Fairview police substation as a community center. She also said Fairview does not want to lose a police presence.” & “Hauth said staff would think of the Fairview community when deciding what staffing needs are addressed with the police substation.” • 11-09-20 “He reviewed what can be done to attract and retain officers including: building in corporal as a formal promotion, designing a new schedule (daytime, mid shift, and night shift)., establishing permanent shifts, retasking the Fairview Substation space as a fitness area, and improving family health insurance benefits.” 4/6/2021 AmeUica NeedV MoUe CommXniW\ SpaceV - The AWlanWic hWWpV://ZZZ.WheaWlanWic.com/ideaV/aUchiYe/2019/05/ameUica-needV-moUe-commXniW\-VpaceV/589729/1/4 WESLEY HITT / GETTY Subscribe M AY 2 0, 2 0 1 9 DaQLeO CR[ Research felloZ at the American Enterprise Institute R\aQ SWUeeWeU Director of domestic polic\ studies at the American Enterprise Institute SXbVcULbe fRU OeVV WKaQ $1 SeU ZeeN 4/6/2021 AmeUica NeedV MoUe CommXniW\ SpaceV - The AWlanWic hWWpV://ZZZ.WheaWlanWic.com/ideaV/aUchiYe/2019/05/ameUica-needV-moUe-commXniW\-VpaceV/589729/2/4 A DA M S E R W E R D AV I D A . G R A H A M K E V I N WA I T E SXbVcULbe fRU OeVV WKaQ $1 SeU ZeeN 4/6/2021 AmeUica NeedV MoUe CommXniW\ SpaceV - The AWlanWic hWWpV://ZZZ.WheaWlanWic.com/ideaV/aUchiYe/2019/05/ameUica-needV-moUe-commXniW\-VpaceV/589729/3/4 DA N I E L C OX Connect RYA N ST R E E T E R MaNe \RXU LQbR[ PRUe LQWeUeVWLQJ.SXbVcULbe fRU OeVV WKaQ $1 SeU ZeeN Funding Opportunities for Community Center Renovation 1. Republic Services National Neighborhood Promise 2. Lowe’s Foundation Catalytic Grant 3. Home Depot Foundation Operation Surprise 4. Presbyterian Committee on the Self-Development of People 5. AARP Community Challenge Grant 6. Go Fund Me, Local Fundraising efforts Fairview Substation/Community Center Floor Plan Basics: Overall building size—63’ X 40’ or 2,520 sq. ft. Classroom size—21’ X 20’7” or 432 sq. ft. These plans are from construction & there have been minor modifi- cations. Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Public Space Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 7.B Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Stephanie Trueblood, Public Space Manager ITEM TO BE CONSIDERED Subject: Discussion on preferred streetlight fixtures and use of streetlight shields Attachment(s): 1. Streetlight Replacement Map 2. Photometrics for 3000 Kelvin fixture Brief Summary: Old and outdated streetlights are being replaced by Duke Energy with LED streetlights. Recent streetlights replaced in town by Duke Energy caused concerns from residents about high lighting levels. Multiple types of fixtures are available from Duke Energy for streetlights. The town does not currently have a policy for the type of fixture to be used for replacements. Duke Energy has asked the town to craft a policy setting a standard for the type of fixture(s) used for future projects. Shields are also available to reduce glare. Currently the town does not have a policy as to when shields will be considered. Action Requested: Provide guidance on preferred streetlight fixture and policy for installation of streetlight shields. ISSUE OVERVIEW Background Information & Issue Summary: Fixtures Recently, Duke Energy began a streetlight replacement program in town. The new fixtures, which are brighter than the older lights, caused concern for many residents. Town officials and staff met with Duke Energy to find out what options were available to address the concerns and to learn more about the replacement project in general. There are 3 types of streetlights in town (see attached map): • Mercury Vapor (MV) (6500 Kelvin) • High Pressure Sodium (HPS) (1900-2300 Kelvin) • LED (3000 Kelvin, 4000 Kelvin) The Mercury Vapor fixtures are 10-30 years old and are currently being replaced by Duke Energy with more efficient LED fixtures. The MV fixtures, although originally 6500 Kelvin have degraded over time. Many are dim or broken. Replacement of these lights is mandated by the Utilities Commission. There are 230 MV fixtures being replaced as part of the current project. The project is nearly complete with only 20-30 fixtures left to be replaced in town. Duke Energy has a standard LED fixture that is generally used in replacement projects. It is a 4000 Kelvin fixture. This is a standard roadway grade light. This is the fixture that was installed during the recent replacement project in town. Town staff had previously requested 3000 Kelvin fixtures be used for replacement projects in residential areas in town, but that information did not make it to the current Duke Energy contractor. The 3000 Kelvin fixture has a softer warmer glow than the 4000 Kelvin fixture. Duke Energy has agreed to replace the 4000 Kelvin fixtures that were recently installed as a part of the MV transition program with 3000 Kelvin at their cost but would like the town to adopt a policy on streetlight replacement fixtures for future projects. The town used 3000 Kelvin fixtures for the LED transition project last year in commercial areas along King, Churton, and Nash streets. The project was initiated by several downtown businesses and the Chamber of Commerce. Staff reached out to NCDOT for input. Chuck Edwards, NCDOT Division Engineer, said the town can set the standard for streetlights in town if AASHTO (American Association of State Highway and Transportation Officials) standards are met. 3000 Kelvin and 4000 Kelvin fixtures can meet AASHTO standards. Neighboring jurisdiction Chapel Hill set a standard of 3000 Kelvin for all LED streetlight replacements. Shields Several residents have asked for information about the use of shields to further reduce glare from streetlights. There are two types of shields that can be added to LED streetlight fixtures: House-side shields and Street-side shields. Only one shield can be installed per light fixture. (Either on the house side or street side). The shields are intended to reduce the house side or street side glare. Shields can be installed on streetlights at a cost to the town paid in a monthly fee or as a one-time fee. Duke Energy does not have a shield conditions policy or guidelines. The light that shines from a 3000 Kelvin LED fixture is generally 0.1 foot-candle at about 35-feet from the front or back of the pole (see attached photometrics model). The setback or distance of the house from the right-of-way as well as topography are factors in the amount of light encroachment. The impact of glare depends on the observer, ambient light levels, orientation and distribution of the fixture, etc. Shields only reduce glare directly in front or behind the pole, not to the sides. Lighting for commercial sites is regulated by the Unified Development Ordinance, but street lighting is not. For reference, the 1 foot-candle measurement shown as the blue line on the included photometric drawing is the same light intensity the ordinance requires in a parking lot for pedestrian safety. The ordinance also requires commercial sites to have a light level of 0.2 foot- candles or less at the property line when the adjoining property is residential. Street lighting is meant to provide general public safety by aiding visibility for people using the public right of way, whether walking or driving. This needs to be balanced against the desire of residents who prefer either brighter or darker conditions based on personal preference. Light sensitivity and preference are subjective. Universal comfort cannot be assured with a single standard. Financial Impacts: There is no difference in the cost to the town between a 3000 Kelvin LED fixture or a 4000 Kelvin fixture. The types of shields that fit on a 3000 Kelvin LED streetlight fixture (Roadway 2x1 Micro LED) have a one-time fee of about $250 each or a little less than $2 each if charged monthly. Rates fluctuate over time. Staff Recommendations/Comments: Town staff recommend using 3000 Kelvin LED fixtures along all streets in town. Setting a standard will help town staff and Duke Energy manage streetlight questions and requests. The light from a 3000 Kelvin fixture is softer and warmer than the 4000 Kelvin fixture and therefore more in keeping with the small-town nature and residential neighborhoods of Hillsborough. Using one type of fixture also creates a more consistent pattern of light along the roadways which increases visibility and safety. Staff can support 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. 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PLPANTHER CT WI N D C H I M E WAY HIGH CTST J AMES CT CLEO CT DEATH STAR DRSAVANNAH CT CHANDLER CT SM ALLW OOD CTPECAN PLWI NNAWA WALKWESTDALE CTAMANDA LN MCADAMS RD LATIMER ST E N O S T WATERSTONE DRN HASSELL STN HASSELL STMAYFORTH TRLBRAXTON BRAGG CT TURNIP PATCH WAYTRANQUILITY WAYJOSEPH JOHNSTON CT BENNETTS MOBILE HOME PARK B E N N E T T S M O B I L E H O M E P A R K JARA CT ROMERO GROVE LNS IL V E R F O X C IR CHARLIE TEW CTTURNING POINTE WAYC A R T E R E T D R SHERWOOD LN SPICEBUSH CIR BOUNDARY DR VERDE CT P IC N IC P L TOWN CRI ER CTHOOPER CTM E A D O W B R O O K T R L CEDAR CREEK DR TWISTED MAPLE LN COMMERCE STCOLEY CIRJ A M E S J F R E E L A N D M E M O R IA L D RJAMES J FREELAND MEMORIAL DRN HILLSBOROUGH AVECRAWFORD RDGRIST MILL LN WINTERPAST LNWILLOWBROOK TRLE CHAPMAN CT CLARENCE WALTERS RD INISH PL JUDAH BENJAMIN CTW IL L IA M H O O P E R C IR S T A N T O N G A B L E L N GARDEN HEIGHTS LNCHANTENA LNRUBY LN SAPONI DRWALKING PATH PLPOET POI NTEROBERT CTS O U T H S T H A V E N H L SKIP ROOK RD HEDGEPATH LN R O C K G A R D EN LN JOHN BRECKENRIDGE DR W C H A P M A N C T CONSTITUTION WAYJAMIE CT PATRIOTS POINTE DR P O N D L IL Y C T WINDMILL ST FIORI HILL DR NTALONDALE CTDANA CT ALEXANDER STEWART DRCOURT STS HASSELL STS U N S E T CIR FAIRY M O SS LNFRIENDSHIP LNWATERSTONE PARK CIRH A D F I E L D S T MAPLEWOOD DRWANDERING TRLREBECCA DR WHITE PINE TRLP IN E Y L N WILLOWBEND LN M O U N T A I N V IE W C T K N I G H T S T WEBB ST RAYNO R ST LEMONTREE LNS HILLSBOROUGH AVEW A T E R M IL L W A Y DAISY STMORGAN RDB E N TO N S T B E N T O N S T OPEN AIR LN S E A T R A IL S T FREELAND DR WILDARO CTN A N C Y D R HIGHLAND LOOP RDGREAT ENO PATHS P R IN G S T S P R I N G S T !(HPS !(LED !(MV Street ±Town of Hillsborough Lights .1 .1 .1 .1 .1 .1 .1 .1 .2 .2 .2 .2 .2 .2 .2 11 American Electric Lighting ATB0 10BLEDE15 XXXXX R3 3K ATB0 SERIES LED 1500MA TYPE 3 3000K CCT LED Array Horizontal Footcandles Scale: 1 Inch = 25 Ft. Light Loss Factor = 0.85 Lumens Per Lamp = N.A. (absolute photometry) Luminaire Lumens = 5409 Mounting Height = 25.00 Ft Maximum Calculated Value = 1.47 Fc Arrangement: Single Photometric Toolbox Professional Edition - Copyright 2002-2015 by Lighting Analysts, Inc. Calculations based on published IES Methods and recommendations. Results derived from content of manufacturers photometric file. Page 1 PHOTOMETRIC FILENAME : 3K 50 WATT AREA.IES DESCRIPTIVE INFORMATION (From Photometric File) American Electric Lighting ATB0 10BLEDE15 XXXXX R3 3K ATB0 SERIES LED 1500MA TYPE 3 3000K CCT LED Array TEMPLATE SPECIFICATION Horizontal Footcandles Scale: 1 Inch = 25 Ft. Light Loss Factor = 0.85 Lumens Per Lamp = N.A. (absolute photometry) Luminaire Lumens = 5409 Mounting Height = 25.00 Ft Maximum Calculated Value = 1.47 Fc Arrangement: Single LUMINAIRE LAYOUT INFORMATION # X Y Z Orient Tilt Roll Spin Tilt Correction 1 0.00 0.00 25.00 0.00 0.00 0.00 0.00 1.00 Photometric Toolbox Professional Edition - Copyright 2002-2015 by Lighting Analysts, Inc. Calculations based on published IES Methods and recommendations. Results derived from content of manufacturers photometric file. Page 2 Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Planning & Utilities 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: Margaret A. Hauth, Planning Director/Assistant Town Manager/K. Marie Strandwitz, PE, Utilities Director ITEM TO BE CONSIDERED Subject: Update and discussion of Collins Ridge Attachment(s): 1. Request/proposal from project developer to adjust CASA parcel and greenway 2. Collins Ridge Map with phases and lot layout 3. Status of Master Plan and Special Use Permit conditions 4. Status of permitting by dwelling unit type Brief Summary: The project developer is seeking permission to adjust two conditions on the approved Master Plan related to the greenway and the land gift to CASA for Affordable housing. Other information is provided as background. Action Requested: Discussion and direction regarding requested changes, receive update on utilities construction ISSUE OVERVIEW Background Information & Issue Summary: The Collins Ridge project was approved in March 2016 with numerous conditions when it was owned by Caruso Homes. The project underwent a rearrangement in 2018 after the Special Use Permit approval as construction drawings were submitted and the degree of earth moving was more certain. This redesign was treated as a minor change consistent with the ordinance since it triggered no new waivers or changes in the access points for the project. In late 2020, as CASA began pursuing funding under the state tax credit program, a program requirement limiting placement near electric transmission lines was discovered by CASA that made location of their portion of the neighborhood on “parcel B” impossible. CASA and Criteria have been working on solutions since that time. At the end of December, the town advised that no additional lots would be approved until this issue was resolved as more than 60 days had passed since the first building permit was issued. Criteria has an alternative location for CASA they would like considered so additional lots can be created. The Master Plan contains a condition that the applicant shall build at least 6,000 linear feet of pedestrian trail 10 feet wide and dedicate it to the town. A portion of this trail was to collocate in the overhead transmission line easement held by Duke Energy. Duke has formally declined allowing this use within their easement. Criteria is offering an alternative trail location that connects more closely with the town’s property around the train station. Criteria is asking that this alternative be accepted as a replacement for the trail within the Duke easement. The conditions timeline attached is for reference. There were many conditions tied to different permits and timeframes in the original approval. The applicant is making good progress on meeting conditions in a timely manner. The redesign of the project after the SUP approval has caused some confusion and challenges to ensure the project is in compliance. Ideally, staff and the applicant would bring revised conditions back to the board for formal action at a future date. The applicant has 148 lots available for development and is actively building on 94. Work should also begin on the amenity center for the entire neighborhood very soon. The first Certificates of Occupancy (CO’s) are likely to be requested soon since the first building permits were secured in early November and 6-months is a typical home construction period. However, no CO’s will be approved by the Utilities Department as there are several outstanding issues to resolve before the water and sewer systems will be allowed to operate. These include: • Acceptance testing of all sewers is not completed. • No punch list inspection by the town of the water and sewer has been performed. • Record drawings of the water and sewer systems are not completed. • Engineering certifications for the water and sewer systems have not been submitted (need Record Drawings first). • No other documents provided to assume ownership. Of note, there has been repeated concerns expressed by town staff regarding the quality of construction of the water and sewer systems, crew competence and retention, communications, and compliance with the approved Water and Sewer Extension Contract mainly in the form of ensuring construction observation oversight during meaningful water and sewer work. Due to these concerns, town inspectors have spent an inordinate amount of time on site and continue to do so. The Utilities Director has spent several hours administering the project as well to protect the town’s future interests. Utilities desires to amend the Water and Sewer Extension Contract to address the revised development plans and firm up expectations and consequences of poor workmanship for future phases. This will be negotiated with the developer and brought for board approval in the coming weeks. Financial Impacts: Staff Recommendations/Comments: Staff is not seeking formal approval of anything at this meeting. A formal resolution documenting any approved changes can be brought back to a future meeting. An indication from the board as to the acceptability of the requested changes from the applicant will allow staff to authorize the creation of additional lots to meet the applicant’s interests. 1 Margaret Hauth From:Chip Pickard <CPickard@criteriadevelopment.com> Sent:Monday, April 5, 2021 12:57 PM To:Margaret Hauth Subject:RE: Collins Ridge status Attachments:Collins Ridge-CASA Alt #1 & GT Alt #1.pdf Margaret: Attached you will find an exhibit to include in your Board packet. It is primarily being provided to identify our alternative proposal for the CASA land donation in connection with the requirement under the terms of the Collins Ridge Master Plan and SUP‐1 approvals. In addition, it also has the detailed information for the Greenway Trail if the Board would like to discuss that matter. I thought we’d go ahead and leave the Greenway Trail detail on this exhibit. If you believe it is better to remove the Greenway Trail information and confine this exhibit to just CASA, I’m fine with doing so. Let me know if you have any thoughts. Thanks, Chip From: Margaret Hauth [mailto:Margaret.Hauth@hillsboroughnc.gov] Sent: Monday, April 5, 2021 7:41 AM To: Chip Pickard <CPickard@criteriadevelopment.com> Subject: RE: Collins Ridge status Chip, Sorry if I was unclear. Last week was very hectic. If you come to the board and ask for consideration on the CASA requirement, they are going to ask how everything else is going. It is much better to be up front and give a full status report and a plan for moving ahead that attempt to focus them on one component and not share everything. Margaret Margaret A. Hauth, AICP Planning Director/Assistant Town Manager 919.296.9471 Margaret.hauth@hillsboroughnc.gov 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. From: Chip Pickard <CPickard@criteriadevelopment.com> Sent: Thursday, April 1, 2021 7:13 PM CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Color filled boxes are original pod are-as. Those in shades of yellow are Phase 1 and covered by the approved SUP. Those in purple are Phase 2 and have not entitlement to build. The lot layout is the revised SUP layout after the road shift. Black outlines are various sub-phases B C E D 1A-1 1A-2 1A-3 1B 1B Timeline for Collins Ridge conditions Prior to this:Step or action needed:Status commentary by staff ‐ 2021 Acquisition + 30 days Developer shall offer to dedicate to the Town of Hillsborough at least two (2) acres of land generally as shown on Exhibit 9, entitled Master Plan Collins Ridge Not complete ‐ location in not ideal & in Phase 2 ‐ suggest to delay until Phase 2 SUP SUP application + 30 days Developer shall make a contribution of $15,000.00 for Utility Meter Reading Antennae Forgiven ‐ town no longer pursuing radio read water meters Prior to SUP approval Developer shall secure an irrevocable legal right to provide a second permanent vehicular and pedestrian access point in a location acceptable to the Town’s consulting traffic/transportation consultant and to NCDOT, connecting the main north‐south “spine” road on Collins Ridge Master Plan property to Churton Street in Phase 2 of the Collins Ridge Master Plan generally as shown on Exhibit 11, entitled Phasing Plan, in addition to the primary access shown on Proposed Collins Ridge Master Plan map from Orange Grove Road. Done ‐ development entity owns entire Daniel Boone tract SUP approval + 30 days Developer shall make an initial contribution of $78,480 to the Town for public safety. The property owner shall provide an irrevocable letter of credit issued by a financial institution acceptable by Town of Hillsborough in a form acceptable to the Town of Hillsborough in the amount of $156,960.00 simultaneously with the first annual payment. The town shall reduce the value of the letter of credit within 30 days of each payment. Future payments due on anniversary date of first payment. Done ‐ all capital payments received, including garbage truck added Prior to construction Construction drawings for public spine road reviewed and approved by town Done First building permit + 30 days The Affordable Housing Property shall be offered to CASA at no cost Not complete + 30 more days Copy of recorded deed conveying parcel to CASA provided to the town. The deed shall include a clause to ensure transfer of title to the town if CASA hasn’t moved the project forward consistent with the project conditions. Not complete 1) Spine street shall be completed up to the point of secondary temporary access easement Done 2) The developer shall provide easements to the Town of Hillsborough, or to Go Triangle or another public entity which provides public transportation services in the area, for at least three (3) transit stops measuring at least twenty feet by fifteen feet (20’ x 15’) prior to issuance of the first certificate of occupancy for the first dwelling unit in the Parcel associated with the transit stop. The developer shall install a bench at each transit stop location. First CO for townhome The applicant or their designee will make an additional capital contribution of $60,000 to contribute toward the purchase of a garbage truck Done ‐ received with other payments First building Permit + 5 years Town accepts affordable housing parcel if not permitted by CASA CO for 54th dwelling in Pod C Pod C recreation facility completed CO for 163rd dwelling in Pod D Pod D recreation facility completed CO for 120th dwelling in Pod E Pod E recreation facility completed CO for 300th DU The Community Center shall be completed 1) The developer shall construct an exclusive westbound right‐turn lane on Orange Grove Road with a minimum of 200 feet of storage and appropriate tapers. 2) The developer shall construct an exclusive northbound right‐turn lane on Churton Street at the Orange Grove Rd intersection with approximately 100 feet of storage and appropriate tapers. 3) The developer shall modify the existing traffic signal at Churton and Orange Grove Road to accommodate the recommended roadway laneage. 4) The developer shall restripe the existing southbound shared through/right‐turn lane at Churton Street and the I‐85 South Bound ramp to be an exclusive through lane and construct an exclusive southbound right‐turn lane on Churton Street with approximately 185 feet of storage and appropriate tapers. CO for any dwelling CO for 400 dwellings These plans are in final review. The primary area of concern is fitting the sidewalk on Orange Grove Street into the limited right of way width along with all the utilties. These references and deadlines need to be reworked for clarity. Construction of 450 dwellings Provided access points are constructed: a permanent access from Orange Grove Road into Collins Ridge (as currently contemplated by NCDOT TIP Project No. U‐5848) and a second temporary access through the power line easement to Churton Street at least twenty feet (20’) wide and graveled in accordance with Town Standards Done 1) The second permanent access must be constructed and available for use Construction drawings under review 2) Walking trail will be constructed with a 10’ width and must be completed and offered to town for dedication (451st CO OR construction beginning in Phase 2) Needs discussion ZP for 751st dwelling The developer shall install the 2018 road improvement recommended in Section X entitled “Recommendations” of the CRTIA unless these improvements are required to be installed earlier by the North Carolina Department of Transportation ZP for 950th dwelling The developer shall install the 2022 road improvements recommended in Section X entitled “Recommendations” of the CRTIA unless these improvements are required to be installed earlier by the North Carolina Department of Transportation Building Permit for parcel D the developer shall reserve a strip of land at least fifty‐nine (59’) feet wide from the end of the public spine street to the right‐of‐way for Interstate 85 10 years from issuance of first CO The developer agrees to reserve and to make available to the Town at no cost a sufficient area of land on the Southern Parcel to accommodate pedestrian and bicycle connectivity to the strip of land reserved by the developer at the southern end of the “spine street” 451st CO for dwelling Collins Ridge Dwelling unit mix and number Water/sewer extension contract: 100 Single Family 400 Townhomes 650 Apartments 1150 total dwellings Master Plan approved unit count: 1010‐1038 dwellings Single Family Townhomes Apartments Total count SUP ‐ Phase 1 194 152 326 672 Phase 1A, Section 159 59 Phase 1A, Section 289 89 Phase 1A, Section 3 (pending) 36 36 Phase 1B (pending) 94 10 104 Phase 1 remaining 5 53 58 Remaining for Phase 2 WSEC does not reflect final approved master plan unit count Other than affordable units the approved master plan makes no reference to dwelling type The change in unit types in SUP 1 was approved when the Board approved the SUP. The mix of dwelling type impacts overall affordability and cost to town to provide services 278 units plus affordable 950 dwellings Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 7.D Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Letter of interest in annexation for 30-acre site on NC Hwy 86 Attachment(s): 1. Request 2. Map Brief Summary: A representative of K B Homes is inquiring about annexation of a roughly 30-acre parcel adjacent to Waterstone for development with single family houses. The current owner is Mary Terry – board members may remember her as a participant in the Waterstone public hearings. Action Requested: Direction on whether the town wants to entertain a petition for annexation. Does the board want to see a fiscal analysis of this annexation prior to deciding or as part of the annexation hearing? ISSUE OVERVIEW Background Information & Issue Summary: The applicant has indicated an interest in developing single family homes on 6,000 sf lots. While the ordinance does not currently have this lot size available, planned amendments in the July timeframe might accommodate this request. The parcel has access to both NC Hwy 86 and to Waterstone Drive via a stub-out the town required in Harmony at Waterstone. Financial Impacts: Staff Recommendations/Comments: 1 Margaret Hauth From:Hayward, Jonathan <jhayward@kbhome.com> Sent:Tuesday, March 30, 2021 6:12 AM To:Margaret Hauth Subject:2909 Old NC 86 S Good morning Margaret, First of all, thank you so much for taking time and explaining the annexation process last week over the phone. You asked me to send you quick email so you could discuss the possibility of a mixed use residential (being annexed into the City) to get use of the sewer capacity. This is for Mary Terry Tract of land that backs to the Lennar TH’s located off of Waterstone Drive. KB Homes is interested in building single family affordable residences on this tract of land. Let me know what else you need from me to present this to the Town Board in the next week or two. Again, thanks for all of your assistance and insight. Have a great day, Jonathan Hayward Vice President of Land Acquisition KB Home Carolinas Division 919‐768‐7975 (office) 919‐625‐2275 (cell) jhayward@kbhome.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 888-KB-HOMES kbhome.com Consider the environment before printing this email. NC 86FLETCHER P H O E B E ALICE W AT E R S T O N EFARGO W O R T HGREAT ENOSUMMIT TRAILO U R S O HISTORIC BECKETTS RIDGE MA R E E N SUMMITBYRDSVILLECOSMOSKENNESAW C H A N D L E R D A L EWALKING PATHW AT E R S T O N E ¯1 inch = 500 feet Legend Parcels Parcel in question Hillsborough city limit Hillsborough Primary Service Area Property Inquiry Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Police Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 7.E Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Chief Duane Hampton ITEM TO BE CONSIDERED Subject: Noise ordinance discussion follow-up Attachment(s): 1. Ordinance changes and FAQ 2. Proposed Noise Ordinance amendment draft with track changes 3. Final draft Noise Ordinance amendment Brief Summary: Over the past several years there has been significant discussion around noise issues related to 137 W. Margaret Lane. The discussion was paused when COVID impacted businesses and changed operations, but as things have started to open back, we need to move toward a resolution. In November recommendations were brought to the board for their feedback and discussion. The proposed language changes are based on the board’s feedback and the recommendation of the Police Department to try to find a more effective solution. Action Requested: Consider the proposed changes and approve ordinance amendment or provide direction. ISSUE OVERVIEW Background Information & Issue Summary: Noise issues between residents and the business at 137 W. Margaret Ln. have been an ongoing source of complaints and tensions. Several years ago, we made changes to the noise ordinance to try to address the issues, but those changes have not solved the problem as we had hoped and complaints continue. As a result of the discussion and feedback from the board during past meetings, we are proposing new changes to the ordinance that we hope will improve the situation while at the same time simplifying enforcement when there are violations. Financial Impacts: None Staff Recommendations/Comments: Consider the proposed changes and approve ordinance amendment or provide direction. Noise Ordinance Changes / FAQ Noise Ordinance Changes: Changes Highlighted in Yellow/Green. Yellow highlights were in the proposed language presented back in November, Green Highlights are changes based on feedback since then. Nothing in section 5-1, 5-2, 5-3 or 5-5 of the existing ordinance is being changed. Changes are only being made to section 5-4 and section 5-13. Sec. 5-4. - Special provisions for amplified sound. (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 at ten second intervals. (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 65 db(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. (wording from November Version) It shall be unlawful for any person to cause or allow the emission of sound from any source or sources which can be heard from any residential property outside of the times listed in section (b). (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 of 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 every ten seconds 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 daytime 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. ( Ord. No. 20150427-9 , § 1, 4-27-2015) (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. Sec. 5-13. - Penalties and remedies. (a) A violation of any of the provisions of this chapter, except section 5-2(2), (3) or (4) and section 5-4, shall constitute a misdemeanor, punishable as provided in G.S. 14-4. (b) A violation of section 5-2(2), (3) or (4) shall constitute an infraction punishable as provided in G.S. 14-4. (c) A violation of section 5-4 is punishable by civil penalty as described in that section. (d) A violation of any of the provisions of this chapter other than section 5-4 shall also subject the offender to a civil penalty of $50.00. If a person fails to pay this penalty within ten days after being cited for a violation, the town may seek to recover the penalty by filing a civil action in the nature of debt. (e) The town may seek to enforce this chapter through any appropriate equitable action. (f) Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. (g) The town may seek to enforce this chapter by using any one or a combination of the foregoing remedies. (Prior Code, § 5-3; Ord. of 4-10-2000) FAQ -Frequently Asked Questions (Maybe?) Q: Does the “Absolute Cutoff” mean businesses cannot play any music after the cutoff time? A: No. Businesses can still play music so long as they manage the sound and it does not reach the property of others and result in a complaint. As long as they control the sound, there is not limit on how late they can have music. Music that can be heard beyond the business property and results in a complaint will be a violation after the cutoff time. Q: How will the police respond to complaints after the cutoff time? A: The police will respond when they get a call and will go to either the closest occupied residential property (if the complainant is a resident or unknown) or to a complaining business’s location. If they can then hear the sound, it will be a violation. The officer will then respond to the sound source and notify them they are in violation and have to turn the music down. The officer will then document he event in a report, and the police department will follow up with the business afterward with any penalties. If the business fails to adequately turn the sound down or a subsequent complaint is received, it will be considered a separate violation and handled the same way. Q: How will the police respond to noise issues prior to the cutoff time? A: The response will be the same as it currently is. Officers may use a sound meter to measure the problem and take enforcement action, and/or may talk with the business or sound source and seek voluntary compliance. Q: How will the special events process work as it relates to the noise ordinance? A: A location will be allowed to apply for up to 4 nights of exception from the sound restrictions for each calendar year. The exemption will allow them to have sound at the pre-cutoff level (65dB(A)) until 1:00 AM. The person applying for the exemption will have to notify all residents within 500 feet of the event, in writing, at least 5 days, but no more than 10 days before the event. This can be done by mail, email or by delivery of some kind of flyer. The police department will take a more proactive approach to special events and when possible have personnel available to monitor the sound. Q: Can a business be the complaining party? A: Yes. The main difference is that if the complainant is a business, then any sound measurement or assessment will be made form that location, rather than the closest occupied residential property. Q: Other than monitoring special events, will the police proactively enforce this ordinance? A: No. This ordinance is designed to require complaints to be initiated by impacted parties and the police will only respond upon getting a complaint. If there is no complaint, then there is no violation for the police to enforce. Q: What will the police do if they get a complaint and when they respond they cannot hear any sound? A: If the police cannot hear it, then there is no violation. They may monitor the area for a period of time or check back at a later time to make sure the sound was not simply turned down while they were there. They will document all calls with a report, but they will not make contact with the business unless it is in violation. The department may follow up with the business at a later time to make them aware of the complaint. Excessive complaints that are deemed frivolous will be investigated by the police department. Q: Is there a grace period for the cutoff time? A: No. There is no grace period for the cutoff time, and any violation after that time can be enforced. Those controlling the sound are expected to plan accordingly. That said, it is the intent of the police department to still allow for reasonableness and discretion to be part of any enforcement action, so long as it is not abused. Created: 2021-03-15 12:26:24 [EST] (Supp. No. 41) Page 1 of 4 AN ORDINANCE AMENDING TOWN CODE SECTIONS 5.4 and 5.14 REGULATING NOISE Dated April __, 2021 It is hereby ordained by the Town of Hillsborough Board of Commissioners as follows: 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 (cd) below exceeds 65db(A) the following maximum decibel limits 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. 65 dB(A). (2) Sunday—Thursday 11:00 p.m. to 7:00 a.m. 55 dB(A). (23) Friday—Saturday 7:00 a.m. to midnight 65 dB(A). (4) Friday—Saturday midnight to 7:00 a.m. 55 dB(A). (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 Created: 2021-03-15 12:26:24 [EST] (Supp. No. 41) Page 2 of 4 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. (dc) 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. (ed) It shall be unlawful for any person to interfere, through the use of sound or otherwise, with the taking of sound measurements. (fe) Special events permitting exception for amplified sound events. Locations may seek a special events permit that will allow for extended hours for the daytime 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 special events permits requesting this exemption per calendar year. (2) The special events permit exemption may allow sets the limit for 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. Created: 2021-03-15 12:26:24 [EST] (Supp. No. 41) Page 3 of 4 (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. (gf) 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. (hg) 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. Town Code Sec. 5-13. Penalties and remedies, is amended to read as follows (strike throughs deleted, underscores added. (a) A violation of any of the provisions of this chapter, except section 5-2(2), (3) or (4) and section 5-4, shall constitute a misdemeanor, punishable as provided in G.S. 14-4. (b) A violation of section 5-2(2), (3) or (4) shall constitute an infraction punishable as provided in G.S. 14-4. Created: 2021-03-15 12:26:24 [EST] (Supp. No. 41) Page 4 of 4 (c) A violation of section 5-4 is punishable by a civil penalty as described in that section. (d) A violation of any of the provisions of this chapter other than section 5-4 shall also subject the offender to a civil penalty of $50.00. If a person fails to pay this penalty within ten days after being cited for a violation, the town may seek to recover the penalty by filing a civil action in the nature of debt. (ed) The town may seek to enforce this chapter through any appropriate equitable action. (fe) Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. (gf) The town may seek to enforce this chapter by using any one or a combination of the foregoing remedies. (Prior Code, § 5-3; Ord. of 4-10-2000) Section 3. All provisions of the Code 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: ____ 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. (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. (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 day of , 2021. Ayes: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: Administration Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 7.F Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Eric Peterson, Town Manager ITEM TO BE CONSIDERED Subject: Hot Topics for work session April 26, 2021 Attachment(s): None Brief Summary: The series of mini budget retreats continues to provide updates to the town board, make progress on the strategic plan, and receive feedback from the town board on key items. Some topics include work on the values, fee updates on how Hillsborough compares to other local governments, water/sewer utilities in regards to cost recovery, possible re-organization preview, and other topics. Action Requested: ISSUE OVERVIEW Background Information & Issue Summary: Financial Impacts: Staff Recommendations/Comments: Board of Commissioners Agenda Abstract Form Meeting Date: April 12, 2021 Department: All Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 8.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: March 2021 Meetings and events • Board of Commissioners regular meeting (remote) (3/8/21) • NCHIP Board meeting (3/24/21) • State Archives office hours (3/2/21) • Carolina Star safety meeting (3/25/21) • Strategic Plan Service Excellence workgroup meetings (3/3/21, 3/12/21, 3/26/21) • Orange County HR Directors meeting (3/17/21) • GARE monthly membership connection meeting (3/22/21) • 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 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 Interviews conducted. o Hiring decision on hold. • Finance Director o Recruitment open (2/12/2021) o Recruitment closed (3/30/21) (27 applicants) o Initial phone interviews completed. o Virtual assessment center scheduled. • Hiring freeze in place due to COVID-19 Pay and Benefits • Biweekly payroll (2) • FMLA – 3 Notice of Eligibility and Rights & Responsibilities sent (2021) • Completed all benefit renewal documents for plan year beginning July 1, 2021. Wellness • Weekly onsite nutrition counseling (offered remotely) • Wellness mini-grant program Performance Evaluation • Maintained NEOGOV PE system Professional Development • COBRA & FSA Relief under ARPA (3/17/21) (Haley) • NC Retirement Plans: Tips for Navigating Plan Administration (3/25/21) (Haley) • NEOGOV product training (3/25/21) (Haley & Sarah) Miscellaneous • Published bi-monthly employee newsletter Public Information Office Report: March 2021 News Releases/Minutes • Issued 19 news releases. • Completed minutes for 3 town board and 5 advisory board meetings. EMAIL SUBSCRIPTIONS (as of March 31) List Subscribers Change Total 1,400 ↑ 1 News releases 1,124 ↓ 1 Meeting notices 697 ↓ 3 Bid postings 585 ↑ 2 Community newsletter 1,272 ↓ 2 TOP 10 MOST-VIEWED NEWS RELEASES: WEBSITE Headline Views Controlled Burn Expected This Week on Occoneechee Mountain 483 Orange County Health Department Shares Information to Speed Vaccine Effort (January release) 173 People with High-Risk Medical Conditions Eligible for COVID-19 Vaccine Starting March 17 162 Board to Hold Hearing on Renaming Thomas Ruffin Street 140 Updates on COVID-19 Restrictions and Vaccine Eligibility 106 Board of Commissioners Meeting Summary (March 8 meeting) 96 Hillsborough Disinfecting Water with Chlorine, Flushing Lines in March (February release) 90 Additional Frontline Essential Workers Eligible for Vaccination 86 Videos Offer Local Advice on Native Plants and Earth-friendly Gardening 77 Commission Members and Town Staff to Take Photos in Historic District 70 TOP 10 MOST-VIEWED NEWS RELEASES: EMAILS Headline Views Updates on COVID-19 Restrictions and Vaccine Eligibility 538 Town has Contacted Duke Energy about Street Lighting Inquiries 530 Hillsborough, Others Urge Duke Energy to Quickly Embrace Renewable Energy Sources 524 NCDOT Plans North Churton Street Patching 519 Mayor Encourages Community to Engage in Comprehensive Sustainability Planning 516 Highly Used Riverwalk Bridge Closed for Repairs March 8 514 People with High-Risk Medical Conditions Eligible for COVID-19 Vaccine Starting March 17 508 Board to Hold Hearing on Renaming Thomas Ruffin Street 486 Town Collecting Missing, Outdated Information for Utility Customers 485 Controlled Burn Expected This Week on Occoneechee Mountain 477 Social Media • Attended UNC School of Government workshop on social media. FACEBOOK STATISTICS (as of March 31) Note: Number in parentheses is what Facebook is giving for end of month follows. It appears inaccurate. Smaller data point is from March 30. 42 posts 1 response to comments Follows Change 4,327 likes ↑ 29 4,488 (4,781) follows ↑ 23 (316) TOP 5 POSTS Post People reached Link clicks Photo of mayor getting vaccinated 1,231 7 Thank you and update on volunteer litter cleanups (photos) 1,191 9 Controlled Burn Expected This Week on Occoneechee Mountain 996 15 Highly Used Riverwalk Bridge Closed for Repairs March 8 969 31 Share of support requests for town employee after fire 964 85 TWITTER STATISTICS (as of March 31) 38 tweets 3 responses to tweets Follows Change 2,595 ↑ 20 TOP 5 TWEETS Tweet Impressions Link clicks Photo of mayor getting vaccinated 4,884 7 Mayor Encourages Community to Engage in Comprehensive Sustainability Planning 1,879 4 Share of support requests for town employee after fire 1,332 Retweet Hillsborough Disinfecting Water with Chlorine, Flushing Lines in March 1,089 5 Share of stormwater division’s Creek Week videos 938 7 NEXTDOOR STATISTICS (as of March 31) Videos • Created Creek Week videos. • Uploaded master gardener videos on native gardens, rain gardens and edible landscaping in new Environmental Initiatives playlist. YOUTUBE STATISTICS (as of March 31) Subscribers Change 2,879 ↑ 26 NEW VIDEOS Video YouTube Views Facebook Reach Posted Creek Week videos (5) 60 (Day 1) N/A March 15-19 State of the Town Address 105 672 March 24 Tourism Board Meeting 31 N/A March 1 Historic District Commission Meeting 48 March 3 Board of Commissioners Regular Meeting 108 March 8 Mayor’s Task Force for Re-imagining Public Safety Meeting 43 March 11 Planning Board Meeting 33 March 18 Board of Commissioners Work Session 54 March 22 Edible Landscaping 21 March 26 Native Plants 60 Rain Gardens 22 TOP 5 VIDEOS Video Current Views Overall Views Posted Position Your Solid Waste and Recycling Properly 3,125 2,128,034 Oct. 2015 English Ivy Removal 262 694 Feb. 2021 Hillsborough, NC: Among America’s Coolest Small Towns 135 10,222 Jan. 2015 Do Not Tamper with Water Meters 132 4,733 July 2015 Board of Commissioners Regular Meeting: March 8, 2021 103 103 March 8 Website/Employee Section • Added Comprehensive Sustainability Plan page. • Continued audit of website pages for updates. • Updated COVID-19 pages and various pages. 7 Posts 0 direct message Members Change 6,055 ↑ 66 47% of 8,132 households ↑ 3 households TOP 5 POSTS Post Impressions Updates on COVID-19 Restrictions and Vaccine Eligibility 2,902 Commission Members and Town Staff to Take Photos in Historic District 1,636 Hillsborough Disinfecting Water with Chlorine, Flushing Lines in March (Reminder) 965 Town Collecting Missing, Outdated Information for Utility Customers 675 Share of Orange County’s panel discussion on #DefundthePolice debate 667 • Revised website coding to allow for development of a version with new branding while keeping the existing version available to the public. MARCH WEBSITE STATISTICS Unique visitors 8,828 Number of visits 11,710 Page views 22,837 Visits per visitor 1.33 Pages viewed per visit 1.95 TOP 10 MOST-VIEWED PAGES Page title Views Home 4,825 Water and Sewer Billing and Collections 1,543 Riverwalk 894 Employment Opportunities 684 Police 542 News release: Controlled Burn Expected This Week on Occoneechee Mountain 483 Planning 411 Board of Commissioners 406 Development Projects 375 Garbage Collection 342 Other Work • Completed work related to COVID-19, including reviewing portions of draft recovery plan and 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 various templates and guides for new logo and seal and provided guidance on colors for sustainability plan logo. • Created March e-newsletter, April print newsletter for insertion in utility bills, draft Pollinator Week banner. • Reviewed various town materials, including customer information update form that Financial Services had already sent to customers, survey planned for businesses, and cemeteries ordinance amendment. Meetings/Events/Training MEETINGS, EVENTS and TRAINING Officer March Strategic Plan workgroup meeting: Service Excellence on March 3, 12 and 26 Logo/branding meeting on March 11 and 30 March 2 COVID-19 policy group meeting Off-boarding discussion March 5 Social Media for Social Good training March 17 Budget review meeting: Administration March 22 Town board work session and mini budget retreat March 23 Databook training March 31 Management team meeting Specialist March Filming stormwater staff for Creek Week videos Town board and advisory board meetings via YouTube Staff March COVID-19 communicators conference calls on Thursdays, March 11 and 25 March 8 Joint Information Center planning meeting March 9 Staff meeting March 11 Comprehensive Sustainability Plan meeting March 22 Meeting with planning intern regarding survey Safety and Risk Manager Report: March 2021 Meetings Attended/Conducted • Departmental meetings X 5 • HR Team meetings X 2 • Carolina Star Meetings X 2 • Purchasing Policy & Insurance discussion w/Finance • Budget review meeting • Drug and Alcohol Program transition update • NCLM Webinar Site Inspections • Gold Park • Turnip Patch Park • Murray Street Park X 2 • Hillsborough Heights Park • Cates Creek Park Miscellaneous • Completed 1st quarter DOT random drug screens • Worked on employee training schedule • Working on P&L claims • Stocked/Distributed safety gear • Working on inspection requirements with Safety Committee members • Distributed updated safety wear • General duties concerning new facility at Hwy 86 North • Forwarded Safety Inspection results to departments • Collecting Fire Extinguisher Monthly check sheets • Forwarded recommendations (work orders) generated from Park Inspections FINANCE DEPARTMENTAL REPORT FOR MARCH 2021 SUMMARY OF ACTIVITIES: Daily Collections 859,513.58$ Tax & Vehicle License 94,218.44$ Stormwater Fees:5,720.02$ Solid Waste Disposal Tax -$ Beer & Wine Receipt -$ Franchise Tax -$ Powell Bill -$ Sales & Use Tax 195,632.75$ 1,155,084.79$ Expenditures: General Fund/Water Fund 1,583,849.14$ FINANCE: •Compiled and submitted all monthly reports. •Issued 89 purchase orders. •Processed 339 vendor invoices, issued 165 accounts payable checks. •Collected and processed 59 payments for food and beverage tax. •Collected and processed 7 payments for fire inspection fees and permits. •Prepared and mailed no delinquent occupancy tax letters. •Prepared and processed 2 payrolls. •Issued no new special event permits. •Assistant Finance Director prepared special event permits for Hillsborough Downtown. •Prepared and mailed beer and wine privilege license renewal forms. METER READING: •Terminated 63 services and connected upon request. •Rechecked 191 meter readings, responded to no call backs. •Installed 10 new meters, changed 2 old meters, performed no pressure tests. •Identified no hydrant tamperings and 2 meter tamperings. •Changed 21 meter registers. BILLING & COLLECTION: •Corrected bills that were rechecked before the 04-01-21 billing. •Bills adjusted after 03-01-21: no leaks; no late fees; no pools; . •Prepared water bills; processed . •Disconnected 102 services for non-payment, reconnected 150. •Prepared water bills; processed . •Processed utility bank drafts. •Processed 0 debt set-off letters. FINANCE DIRECTOR •Meetings to discuss purchasing policy •Management Team Meeting -March 31 •Board of Commissioners Regular Meeting - March 8 •Board of Commissioners Work Session - March 22 •NCHIP Board Meeting - March 24 11,762,752 13,458,757 658,298 9,114,440 6,950,060 693,832 6,488,754 4,586,937 365,807 - 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 February 28, 2021 Budget Revenue Expenditures FINANCIAL BUDGET TO ACTUAL REPORT - FEBRUARY 28, 2021 Budget Unit Original Budget Current Budget Period Activity Year to Date Activity Encumbrances Variance % Remaining Current & Prior Year Property Taxes 6,849,000.00 6,864,826.00 7,605,076.87 7,605,076.87 - (740,250.87) -10.78% Local Option Sales Tax 1,458,000.00 1,458,010.00 837,785.25 837,785.25 - 620,224.75 42.54% Licenses, Permits and Fees 359,600.00 122,848.00 80,070.51 80,070.51 - 42,777.49 34.82% Unrestricted Intergovernmental Revenue 862,300.00 862,492.00 443,490.46 443,490.46 - 419,001.54 48.58% Restricted Intergovernmental Revenue 207,737.00 213,174.00 11,549.95 11,549.95 - 201,624.05 94.58% Other 12,000.00 98,449.00 69,836.15 69,836.15 - 28,612.85 29.06% Investment Earnings 20,000.00 29,219.00 63,468.95 63,468.95 - (34,249.95) -117.22% Transfers 10,000.00 10,000.00 347.14 347.14 - 9,652.86 0.00% Debt Issuance Proceeds 310,000.00 297,388.00 - - - 297,388.00 - Fund Balance Appropriation 25,000.00 3,940.00 2,814.23 2,814.23 - 1,125.77 28.57% Total Revenue 10,113,637.00 9,960,346.00 9,114,439.51 9,114,439.51 - 845,906.49 8.49% Budget Unit Original Budget Current Budget Period Activity Year to Date Activity Encumbrances Variance % Remaining Governing Body 183,316.00 203,484.00 125,727.59 125,727.59 83,410.09 (5,653.68) (0.03) Administration 756,777.00 790,474.00 660,245.55 660,245.55 144,321.71 (14,093.26) -1.78% Accounting 245,993.00 272,321.80 179,902.70 179,902.70 28,173.92 64,245.19 23.59% Planning 424,323.00 462,523.00 215,552.53 215,552.53 85,582.36 161,388.11 34.89% Town Hall Campus 213,483.00 216,284.00 184,630.37 184,630.37 21,123.55 10,530.08 4.87% Public Space 706,411.00 716,797.00 452,876.36 452,876.36 114,954.60 148,966.04 20.78% Safety & Risk Management 79,721.00 99,318.00 60,182.95 60,182.95 49,490.05 (10,355.00) -10.43% Information Services 251,682.00 270,694.73 183,679.54 183,679.54 122,653.92 (35,638.73) -13.17% Police 3,211,429.00 3,263,223.16 1,974,998.46 1,974,998.46 93,160.56 1,195,064.14 36.62% Fire Marshal & Emergency Management 197,597.00 197,982.00 79,756.21 79,756.21 5,301.66 112,924.13 57.04% Fire Protection 1,407,506.00 1,617,507.00 1,152,891.96 1,152,891.96 301,576.25 163,038.79 10.08% Fleet Maintenance 353,202.00 361,488.00 224,121.32 224,121.32 98,001.52 39,365.16 10.89% Streets/Powell Bill 669,142.00 1,038,396.20 329,965.23 329,965.23 71,174.87 637,256.10 61.37% Solid Waste 734,002.00 720,804.00 264,141.50 264,141.50 363,291.54 93,370.96 12.95% Cemetery 7,350.00 7,350.00 2,169.16 2,169.16 - 5,180.84 70.49% Economic Development 370,879.00 370,879.00 174,254.22 174,254.22 470.00 196,154.78 52.89% Special Appropriations 258,474.00 353,645.00 222,166.04 222,166.04 79,578.98 51,899.98 14.68% Disaster Relief 3,510.00 3,510.00 1,491.88 1,491.88 - 2,018.12 - Contingency 551,313.00 796,070.89 - - - 796,070.89 0.00% Total Expenditures 10,626,110.00 11,762,751.78 6,488,753.56 6,488,753.56 1,662,265.58 3,611,732.64 30.70% GENERAL FUND EXPENDITURES GENERAL FUND REVENUE FINANCIAL BUDGET TO ACTUAL REPORT - FEBRUARY 28, 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 6,546,437.49 6,546,437.49 - 3,055,800.51 31.82% Other 110,300.00 110,300.00 141,942.14 141,942.14 - (31,642.14) -28.69% Investment Earnings - 199,985.00 212,320.79 212,320.79 - (12,335.79) -6.17% 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 10,311,883.00 6,950,060.42 6,950,060.42 - 3,361,822.58 32.60% Budget Unit Original Budget Current Budget Period Activity Year to Date Activity Encumbrances Variance % Remaining Administration of Enterprise 2,803,599.00 2,807,627.41 756,098.70 756,098.70 30,232.22 2,021,296.49 71.99% Utilities Administration 612,235.00 664,786.75 324,365.12 324,365.12 83,905.42 256,516.21 38.59% Billing & Collections 726,798.00 740,405.00 380,514.05 380,514.05 167,545.24 192,345.71 25.98% Water Treatment Plant 1,137,859.00 1,183,802.38 685,157.28 685,157.28 101,727.78 396,917.32 33.53% West Fork Eno Reservoir 42,435.00 140,285.00 32,043.71 32,043.71 103,208.18 5,033.11 3.59% Water Distribution 1,753,389.00 2,081,095.50 1,020,310.19 1,020,310.19 87,249.41 973,535.90 46.78% Wastewater Collection 1,756,144.00 2,020,500.83 649,441.51 649,441.51 98,425.30 1,272,634.02 62.99% Wastewater Treatment Plant 2,716,965.00 2,770,590.00 739,005.94 739,005.94 99,907.71 1,931,676.35 69.72% 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 4,586,936.50 4,586,936.50 772,201.26 8,099,618.98 60.18% WATER & SEWER FUND REVENUE WATER & SEWER FUND EXPENDITURES FINANCIAL BUDGET TO ACTUAL REPORT - FEBRUARY 28, 2021 Budget Unit Original Budget Current Budget Period Activity Year to Date Activity Encumbrances Variance % Remaining Licenses, Permits and Fees 617,500.00 617,500.00 693,831.70 693,831.70 - (76,331.70) -12.36% Retained Earnings Appropriated 40,798.00 40,798.00 - - - 40,798.00 100.00% Total Revenue 658,298.00 658,298.00 693,831.70 693,831.70 -(35,533.70) -5.40% 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 556,543.00 657,140.00 365,807.20 365,807.20 38,152.62 253,180.18 38.53% Total Expenditures 558,298.00 658,298.00 366,012.84 366,012.84 38,435.79 253,849.37 38.56% STORMWATER FUND REVENUE STORMWATER FUND EXPENDITURES Planning Department Report March 2021 Revenues Collected March 2021 FY Year to Date Development Review fees $ 1,100.00 $ 3,900.00 Zoning Permits & HDC reviews $ 3,637.83 $49,049.64 Planning Total $ 4,737.83 $52,049.64 - 104% of budget projection ($50,000) Affordable housing payment in lieu $ 1,000 Data is through March 31, 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 53 0 59 6 53 Collins Ridge (Phase 1A-2) townhome 89 41 0 89 48 41 Fiori Hill 46 42 35 11 4 7 Forest Ridge 235 233 205 30 2 28 Total 1493 1432 1303 190 61 129 Misc. infill lots na 140 97 na 43 Grand Total 1572 1400 Approved & Under Construction Hillsborough Police Department Monthly Report March 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 0 0 0 Rape 0 0 0 0 2 2 Robbery 0 0 1 1 6 5 Aggravated Assault 1 1 0 2 17 14 Burglary 2 4 4 10 20 26 Larceny/Theft 27 13 21 61 326 297 Motor Vehicle Theft 0 0 0 0 18 12 Total Part I 30 18 26 0 0 0 0 0 0 0 0 0 74 389 361 Other Offenses 2021 2020 2019 Simple Assault 7 3 10 20 109 77 Fraud/Forgery 4 0 2 6 24 21 Stolen Property 2 0 0 2 19 7 Damage to Property 10 10 8 28 97 59 Weapons Violations 2 4 2 8 26 5 Sex Offences 0 0 1 1 2 3 Drug Violations 11 11 12 34 125 85 Driving While Impaired 4 2 3 9 40 34 Liquor Law Violations 1 0 2 3 11 13 Trespassing 1 2 4 7 31 20 Domestic Related 7 7 15 29 133 119 Missing Persons 0 0 1 1 6 1 Summary of Select Offenses: On 03/05/2021, a Burglary and Injury to Property were reported at 120 US 70E, Los Lago Meat Market #2. Officers arrived and found the front glass to the business cracked causing $500.00 in damages and nothing was taken. Also, on 3/20/2021, the Los Lagos Food Truck was broken into and $40.00 in cash was taken. Officers charged Dennis Wayne Breeze in the food truck incident with Felony Breaking and Entering, Misdemeanor Larceny, and Misdemeanor Injury to Personal Property. He was given a written promise to appear. On 03/05/2021, a Breaking and Entering and Injury to Property were reported at 118 S. Churton St., Hillsborough Wine Company. Officers responded to a glass break alarm and found the rear door to the business shattered and the panes broken out causing $500.00 in damages and nothing was taken. On 03/05/2021, a Breaking and Entering and Injury to Property were reported at 112 US 70E, Webster’s Cleaners. The victim reported that upon arrival to work they noticed glass broken, resulting in $500.00 in damages, and approximately $200.00 missing from the register. On 03/24/2021, an Armed Robbery of a person was reported in the 200-block of Hampton Pointe Blvd. The victim advised that they were meeting a party to sell a used car stereo when the buyer pulled a knife on the victim and took the stereo, valued at $50.00. Hillsborough Police Department Monthly Report March 2021 On 03/29/2021, a Breaking and Entering and Larceny to a locked storage shed were reported in the 600-block of Latimer St. The victim advised that lawn equipment, valued at $100.00 was taken and $10.00 in damages to the shed. 21 Larcenies were reported at various locations including: • 11 larcenies were shoplifting related incidents at Hampton Pointe- Walmart. • 3 larcenies from business were reported–2 in the 1800-block of Spring Overlook Ln. where a total of $4,570.90 in building materials were taken on two separate occasions. 1 at 520 Hampton Pointe, Goodwill, where $140.00 in donated items were taken and recovered. • 3 Larcenies from Motor Vehicles were reported 1 at 120 US 70E, Los Lagos Food Truck where $40.00 in cash was taken. 2 catalytic converters from a Toyota Prius were taken, valued at approximately $1,000.00 each. 1 in the 2500-block of Becketts Ridge Dr. and 1 in the 600-block of Childsberg Way. Narcotics/weapons related incidents: • During the month of March, Officers recovered small amounts of marijuana, paraphernalia, cocaine, heroin, methamphetamine, and two handguns. Hillsborough Public Works March 2021 Monthly Report Work Orders: 8 completed within two days Public Spaces: 38 staff hours Stormwater Maintenance: 200 staff hours, 1370 linear ft Cemetery: 4 graves marked Training: 2 staff attended ITRE Guardrail maintenance and installation classes April 2021 TOWN OF HILLSBOROUGH UTILITIES STATUS REPORT Prepared by Marie Strandwitz 4/6/21 Page 1 PROJECT STATUS West Fork of the Eno Reservoir The reservoir is 1/2 foot below Phase 1 normal pool, at 42.5 feet. The March releases met or exceeded the minimum release of 3.5 cubic feet per second (cfs). Both Lake Orange and Lake Ben Johnson are spilling. April minimum release is 4.0 cfs. WFER Phase 2 Construction Project Progressing with no current issues. Two change orders were processed for a total increase of $17,531.95. In the most recent change order, the contract time was extended to June 30. This was agreed upon last year due to a COVID-19 mobilization delay. Last week the bridge girders were trucked in and set with a large crane. What a site. Pictures below. Water Restrictions There are currently no water withdraw restrictions.Our monthly water production average is currently 1.491 MGD. "Unaccounted-for" Water We had one (1) water main break in March. There were approximately 6 water service leaks repaired. Miscellaneous repairs have been proceeding as needed. Miscellaneous Projects • Informal bids were received for the interconnects project. They were higher than expected. The lowest bid was for $439,000. Due to the Collins Ridge homes being built and the 16" water main being the main feed to the subdivision, we will move forward with Pipeline Utilities out of Raleigh. This project will make more cross connections between water mains along S. Churton Street/Old Hwy 86 to provide system redundancy and more turnover in the 16" main the town acquired from OWASA. • Also, the town has submitted applications for two water projects to Congressman Price's office for a funding recommendation for a State and Tribal Assistance Grant. This program requires a 20% town match. The projects are for a new booster pumping station to receive water from OWASA during emergency and the other is to perform the McAdams Road 2" water main replacement. Thank you to the Mayor and Board for your support! • An update to the Collins Ridge project will be provided during the Board meeting under a regular agenda item. Collection System Modeling The preliminary results were presented to the Board at its last regular meeting. The schedule for the remainder of this phase is to receive a draft report by the end of May and a final report by June 30. The draft report will be of the calibrated model run under two scenarios - what we need to accommodate our committed projects and what we need to accommodate our committed and potential projects. Since the preliminary results reflect substantial improvements to accommodate essentially full growth of our service area and some redevelopment, the Board will need to consider sooner than later our path forward monetarily and in ways that meet the Board's growth priorities, our planning criteria and our capacity. Staffing A team interviewed three of the twelve qualified applicants for the WTP Superintendent position. After much discussion, we will not move forward with a selection at this time. Nathan Cates will remain the interim operations superintendent and Jeff Mahagan will remain the interim assistant administrative operations superintendent as we evaluate the structure of this Division. There may be temporary inspection needs while Nathan focuses on the water plant. The chief operator also resigned and this position is being evaluated before reposting. Everybody seems happy and healthy. Water and Sewer Advisory Committee (WSAC) Activities WSAC in-person meetings have been cancelled during the COVID-19 pandemic. A virtual meeting was held in February 2021 and the next virtual meeting will now be held in May 2021. The 2021 meeting schedule was developed at the February meeting in order to communicate to the Board for planned representation.