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HomeMy Public PortalAbout04-12-21 Regular Meeting Minutes Board of Commissioners Remote regular meeting 7 p.m. April 12, 2021 Virtual meeting via YouTube Live Town of Hillsborough YouTube channel Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson and Evelyn Lloyd Absent: Commissioner Matt Hughes Staff: Interim Human Resources Director Haley Bizzell, Economic Development Planner Shannan Campbell, Interim Finance Director Keri Carnes, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Stormwater and Environmental Services Manager Terry Hackett, Police Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Town Manager Eric Peterson, Utilities Director Marie Strandwitz and Public Space Manager Stephanie Trueblood Opening of the meeting Mayor Jenn Weaver called the meeting to order at 7 p.m. Interim Town Clerk and Human Resources Technician Sarah Kimrey called the roll and confirmed the presence of a quorum. 1. Public charge Weaver did not read the public charge. 2. Audience comments not related to the printed agenda There was none. 3. Agenda changes and approval Planning Director Margaret Hauth requested the board add an item regarding affordable housing assistance. She said the town has $48,000 in affordable housing funds and she would recommend dedicating $20,000 or $25,000 to the emergency housing fund managed by Orange County because COVID-19 relief funds are taking longer to come through than anticipated. Motion: Commissioner Kathleen Ferguson moved to add emergency housing funding assistance of $25,000 to Orange County to the consent agenda. There was no second. Motion: Ferguson amended the motion to add Emergency Housing funding assistance of $25,000 to Orange County as Item 7.G on the regular agenda. Commissioner Mark Bell seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Commissioners Bell, Robb English, Ferguson and Evelyn Lloyd. Nays: 0. Absent: Commissioner Matt Hughes. April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 22 May 10, 2021 Motion: Ferguson moved to approve agenda as amended. Lloyd seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: 0. Absent: Hughes. 4. Presentations Orange County Recovery and Transformational Plan Hauth gave a brief presentation on the draft plan, which is available on the website orangencforward.org. 5. Appointments Tourism Development Authority — Appointment of Kim Tesoro to fill Tourism Board vacancy for a term expiring Jan. 31, 2022 Motion: Ferguson moved to approve the appointment. English seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. 6. Items for decision ― consent agenda A. Minutes 1. Regular meeting March 8, 2021 2. Work session March 22, 2021 B. Miscellaneous budget amendments and transfers C. Approval of membership agreement for Clean Water Education Partnership (CWEP) services D. Interim Alternative Implementation Approach (IAIA) approval of town participation E. West King Street time-limited parking and loading zone F. Amendments to Chapter 13 of the Code of Ordinances – Cemeteries G. Schools Adequate Public Facilities annual report H. Extension of emergency paid sick leave under the American Rescue Plan Act Motion: Bell moved to approve the items on the consent agenda. Ferguson seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. 7. Items for decision ― regular agenda A. Discussion of use of the Fairview Police Substation and Community Center This item was discussed after Item 7B to give the guests interested in this item more time to join the virtual meeting. Members of Fairview Community Watch gave a presentation outlining the history of the building and the longtime community expectation of being able to use the building for community center activities. Guests and speakers included Faylor Riley, president of Fairview Community Watch; Carol Morton, Kevin Giff of Habitat for Humanity of Orange County; Gaby Reyes; Patricia Harrison and Fannie Mills. April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 22 May 10, 2021 Ferguson spoke in support of the request. Hauth said she hears the speakers saying they want access to the building. She suggested the Town of Hillsborough create an agreement with Fairview Community Watch and issue a small number of keys or install a lockbox. She suggested the board move forward to try some ways of providing access that are relatively low cost. She noted options were presented in the agenda packet. Police Chief Duane Hampton said the police had fitness equipment in the building and were using the building for exercising only currently. Ferguson suggested the building be called the Dorothy Johnson Community Center. Motion: Ferguson moved to empower staff to draft an agreement to lease the building to Fairview Community Watch. Bell seconded. Weaver acknowledged there is a strong desire to use the building as a community center and to have a police presence in the neighborhood. She encouraged Fairview Community Watch members to continue to speak up about what they want. Town Manager Eric Peterson said an interior upgrade cannot be accomplished quickly. He thinks this is the right time to try out this arrangement. He noted there may be opportunities to apply for grants later. Riley said the community wants a police officer to always be in the neighborhood. Hauth said she was not expecting the Police Department to be in charge of the maintenance or scheduling of this building. She said someone would need to take on these roles until the town hires a facility maintenance person. She noted the COVID-19 pandemic is ongoing and all town buildings are closed to the public. She wondered if the expectation would be that this building would also be closed to the public for now. Peterson forecasted that buildings may reopen in September. That timeframe seemed reasonable to the watch members. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. B. Discussion on preferred streetlight fixtures and use of streetlight shields Public Space Manager Stephanie Trueblood stated that Duke Energy had replaced some of the mercury vapor light fixtures with LED light fixtures. Duke Energy’s standard light fixture is a 4,000 kelvin LED fixture. The town has had some projects with 3,000 kelvin LED fixture installation. The two fixtures emit the same amount of light but the 3,000 kelvin fixture has a filter that warms the light. Most people describe the 4,000 kelvin LED fixture as brighter. Now-retired Public Works Director Ken Hines traditionally asked for 3,000 kelvin LED fixtures to be installed. There have been complaints from residents and business owners generated since the installation of some 4,000 kelvin LED fixtures. The mayor and staff met with Duke Energy and the company quickly agreed to replace the 4,000 kelvin LED fixtures with 3,000 kelvin fixtures, noting that the town had requested it in the past but it was never a formal policy. Many towns are requesting 3,000 kelvin LED fixtures. April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 22 May 10, 2021 Trueblood said she confirmed with the Police Department and the North Carolina Department of Transportation that 3,000 kelvin LED fixtures are acceptable. Trueblood then explained that shields cost $250 per fixture and can reduce glare either directly in front or behind the pole but not both. The board will need to decide when to agree to a shield installation and who will pay for it. Will Spoon, a Hillsborough resident, addressed the board. He addressed the staff recommendation in the agenda packet that shields only be considered if the pole is within 25 feet of a residence. He noted that light trespass can exceed 25 feet and topography is a factor. Lisa Bakale-Wise addressed the board. She lives and works downtown. She cited health concerns that could arise from long-term exposure to 4,000 kelvin LED fixtures. She advocated for shields. She expressed concern about excessive nighttime lighting negatively affecting people and creatures. She thinks if neighbors disagree about whether a light should be shielded the board should rule in favor of the person requesting the shield. She thinks anyone within 100 feet of a light fixture should be able to request a shield. Jim Cowling and Jim Edmonds told the board they were available to answer any questions on behalf of Duke Energy. Meaghun Darab, who lives on the corner of South Nash Street and West Margaret Lane, addressed the board. She explained that the light fixtures in front of Nash Street businesses had been changed to LED fixtures about a year ago and she has been working on solutions to light trespass into her home. She found that switching the fixtures from 4,000 kelvins to 3,000 kelvins and adding shields did not help with the glare into her dining room. What helped was switching the type of light distribution from Type 3 to Type 2. She suggested the town policy include distribution types that would narrow the distribution to the street and sidewalks and not private property. Weaver noted that public comments that were submitted electronically would be added to the meeting minutes. She summarized that most comments were in favor of 3,000 kelvin LED fixtures. One email was written in favor of keeping the 4,000 kelvin fixtures. There were a variety of comments about shields including some residents offering to pay for their own shields. Bell spoke in support of a policy for 3,000 kelvin LED fixtures except in places where there is a justification for 4,000 kelvin fixtures. English agreed. There was some interest in making shields available but concerns about the cost to the town and the staff time required for determining whether shield installation is warranted. Trueblood said she needed to hear the board’s preference on kelvins. There is more time to develop a policy on everything else. Staff will continue to work on developing a policy for the use of shields and will return with options for further discussion. No formal action was taken. C. Update and discussion of Collins Ridge Hauth said staff is trying to avoid a situation where people are ready to move in and occupancy cannot be granted because the developer has too many outstanding issues. April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 22 May 10, 2021 Brett Hanna, speaking for the developer, said the 3-acre parcel set aside for affordable housing to be built by CASA does not meet the requirements to get the project funded as affordable housing. He said CASA discovered that it did not meet a requirement in September 2020 because of the proximity to a transmission line easement. He said the developer is asking the board for permission to use a different parcel for the affordable housing. Also, Duke Energy has denied the developer’s request to build a greenway in the transmission easement. Hanna said CASA has not provided a response about the proposed new location. Ferguson said the board needs to hear from CASA whether the new location would accommodate the anticipated 88 units. Chip Pickard with Criteria Development, the project’s developer, said he has shared the new location with Jess Brandes, CASA’s senior director of real estate development. Trueblood said placing the greenway closer to the future train station helps with the long-term goal to connect the train station with downtown. She expressed interest in the addition of recreational loops when Daniel Boone Village is redeveloped. Bell expressed reservation about the suggested new location being on the commercial property. When asked what would happen with the 3-acre parcel that was first selected for affordable housing, Pickard said it would be used for a park and additional housing units. Weaver asked about interfacing between the new proposed location of the CASA development and the rest of the neighborhood. Hanna said it would be legally part of the neighborhood and there would be connectivity. English said the CASA units have to be integrated into the neighborhood. Trueblood added the street network needs to be integrated and part of the community. She noted Hauth had said the plats adjacent to the new proposed location have not been assigned yet. Those backyards would be adjacent to the CASA development, which would be on a different street. That is not integration. Town Attorney Bob Hornik encouraged the developers to talk to CASA and make sure connectivity can be achieved in the way Trueblood and the board expressed. Hauth suggested a way to integrate the CASA housing into the neighborhood may be to move some of the proposed adjacent houses to the former CASA parcel and slide the CASA project forward so that the CASA units are on the same street as other residential housing. Hornik advised the board to direct Hauth to not sign off on the plats adjacent to the proposed CASA location because it could foreclose the possibility of connectivity. Hauth suggested directing her to approve plats in section 1A-3 but to wait on approving plats in 1B. Utilities Director Marie Strandwitz took the opportunity to remind the developers that the homes cannot be occupied until they have submitted as-built drawings and engineering certifications are complete. April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 22 May 10, 2021 Les Basnight of Devere Construction Company said there are three manholes left to test. Two still need a smoke test. All video has been done and submitted. As-built drawings are coming along. The workers have been preparing for a walk through. The goal is to have everything complete this week. A lot of repairs had to be made due to a survey error in the field which resulted in water and sewer lines not reaching properties. There was also a problem with the integrity of some of the pipe and it had to be replaced. The board took a brief break before the next item. D. Letter of interest in annexation for 30-acre site on N.C. 86 The board received a letter of interest in annexation of a 30-acre site on N.C. 86 north adjacent to the Waterstone development. The board expressed reservations about the additional housing units associated with the request and some interest in the proposed small lot sizes because they could facilitate lower home prices. E. Noise ordinance discussion follow-up Elise Tyler, general manager of The Colonial Inn, said she has the same perspective that she expressed a year ago, which includes a perspective of a resident and a commercial entity. Under COVID-19 restrictions, she hasn’t had a lot of opportunity to see what amplified sound will be like for guests and neighbors. The redevelopment of the inn included some sound-reducing foam insulation. She has been researching sound curtains to absorb the sound of outdoor entertainment. She believes being good neighbors is the solution. She said the noise ordinance has to be clear. The inn has quiet hours from 10 p.m. to 8 a.m. and will be able to operate at 65 decibels or lower. Weaver said comments sent electronically will be included in the minutes. She summarized some people who submitted comments feel that amplified sound is permitted later than they prefer but they can live with it and the fine structure isn’t enough of a deterrent. Some said the amendment has been written too hastily. Others said the cutoff is unenforceable and subject to abuse. Some expressed concern that the change will harm the reputation of Hillsborough among musicians and visitors. Some expressed concern that the amendment kicks businesses when they are down. The Hillsborough Tourism Board submitted comments that it is important to support live music and to be sure live music is still part of the Hillsborough ethos. Weaver asked the town attorney to respond to a written request from one of the owners of Hot Tin Roof. The request was that Bell recuse himself from voting on the noise ordinance because he lives within close proximity to The Colonial Inn and his property value may be affected. Hornik said he does not think Bell has a legal conflict of interest. If the standard is he might be able to hear music from The Colonial Inn or Hot Tin Roof, then everyone on the west side of town would have a conflict of interest. He does not think Bell’s property value is affected. He said Bell could speak up if he felt that he could not be unbiased. There is no legal conflict of interest. Weaver asked Hornik if the same reasoning would apply to anyone on the board. Anyone could ask to be excused from the vote if they felt they could not be unbiased. Hornik agreed. Hampton said the board has to balance the interest of business owners and the interest of residents. The proposed changes are changes to the existing ordinance. The noise ordinance is narrowly focused around how the Police Department addresses noise late at night and the civil penalty. A lot of comments received talked about River Park and Last Fridays but nothing about daytime would change with this amendment. Daytime amplified sound has never come up as an issue. Hampton reviewed the materials in the agenda packet. April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 22 May 10, 2021 The amendments include: • A cutoff of amplified sound at 11 p.m. Sunday through Thursday and at midnight on Fridays and Saturdays. • Stating that the complaining party could be a business. • Adding four nights of an extension until 1 a.m. per calendar year when a special events permit has been obtained. • Lowering the maximum civil penalty to $250. Hampton noted the Hot Tin Roof offers the only late-night music. He does not think the door opening and closing at the business is an issue. Addressing sound emitting from a business at 1 a.m. is not unreasonable. He has spoken with a musician who plays at Hot Tin Roof who said most bands will play within the confines of the amendments. The reputation problem among area musicians may be looking bigger than it actually is. Bell said Tyler has engaged neighbors on behalf of The Colonial Inn. He said the 11 p.m. cutoff and sound limits are reasonable. Hampton noted for the record that Hot Tin Roof had requested that this be put off for 12 months. The Police Department did not want delay now that businesses are reopening. Motion: Ferguson moved to adopt the proposed ordinance. Bell seconded. Weaver asked for clarification about making a judgment. Hampton said if the Police Department receives a complaint, an officer will verify that there is sound associated with the complaint. There will be an opportunity to appeal. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. F. Hot topics for work session April 26, 2021 The work session will be another mini-retreat focused on the budget. G. Added item – emergency housing funding assistance of $25,000 to Orange County Hauth said the money would be spent only on Hillsborough residents. The board could add a condition that it be returned if the COVID-19 relief funds come through. Motion: Bell moved to approve the $25,000 expenditure. Lloyd seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. 8. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager There was none. April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 22 May 10, 2021 C. Staff (written reports in agenda packet) There was none. 9. Adjournment Motion: Ferguson moved to adjourn at 11:59 p.m. Bell seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. Respectfully submitted, Sarah Kimrey Interim Town Clerk Staff support to the Board of Commissioners April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 22 May 10, 2021 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 April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 22 May 10, 2021 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 April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 22 May 10, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 04/12/2021 TO 04/12/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 04/12/2021 5,536,477.00 -4,742,061.01To close out prior yr activity 20642 794,415.99EBRADFORD 70-71-3870-3870-015 TRANSFER FROM SEWER FUND 04/12/2021 6,724,852.29 -4,775,006.33To close out prior yr activity 20641 1,949,845.96EBRADFORD 70-71-3870-3870-150 TRANSFER FROM GENERAL CAP. RESERVE 04/12/2021 403,031.00 -403,031.00To close out prior yr activity 20632 0.00EBRADFORD 70-71-6900-5970-001 TRANSFER TO UTILITY CAP IMPROV FUND 04/12/2021 626,553.00 -626,553.00To close out prior yr activity 20633 0.00EBRADFORD 70-71-6900-5970-920 TRANSFER TO WATER & SEWER FUND 04/12/2021 7,863,219.00 -7,863,219.00To close out prior yr activity 20638 0.00EBRADFORD 70-71-6900-5970-921 TRANSFER TO SEWER CPF 04/12/2021 253,000.00 -253,000.00To close out prior yr activity 20634 0.00EBRADFORD 70-71-6900-5970-929 TRANSFER TO WATER CPF 04/12/2021 420,000.00 -420,000.00To close out prior yr activity 20635 0.00EBRADFORD 70-71-6900-5970-930 TRANSFER TO WATER SDF RESERVE FUND 04/12/2021 1,106,016.50 -1,106,016.50To close out prior yr activity 20636 0.00EBRADFORD 70-71-6900-5970-931 TRANSFER TO SEWER SDF RESERVE FUND 04/12/2021 1,014,607.50 -1,014,607.50To close out prior yr activity 20637 0.00EBRADFORD 70-80-3700-3701-000 DEVELOPERS/CONTRIB-WATER 04/12/2021 1,066,190.00 -1,062,429.43To close out prior yr activity 20639 3,760.57EBRADFORD 75-71-3870-3870-156 TRAN FR W/S US BUS 70 WTR PHASE I 04/12/2021 299,741.50 7,728.00To record Water SDFs 20594 588,253.50EBRADFORD 04/12/2021 299,741.50 3,864.00To record water SDFs 20610 592,117.50EBRADFORD 04/12/2021 299,741.50 -15,456.00To correct budget amendment 20628 576,661.50EBRADFORD 04/12/2021 299,741.50 7,728.00To record Water SDFs 20653 584,389.50EBRADFORD 75-71-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I 04/12/2021 299,741.50 7,728.00To record Water SDFs 20595 588,253.50EBRADFORD 04/12/2021 299,741.50 3,864.00To record water SDFs 20611 592,117.50EBRADFORD 04/12/2021 299,741.50 -15,456.00To correct budget amendment 20629 576,661.50EBRADFORD 04/12/2021 299,741.50 7,728.00To record Water SDFs 20652 584,389.50EBRADFORD 76-71-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB 04/12/2021 1,008,106.50 6,486.00To record Sewer SDFs 20596 1,235,116.50EBRADFORD 04/12/2021 1,008,106.50 3,243.00To record sewer SDFs 20612 1,238,359.50EBRADFORD 04/12/2021 1,008,106.50 -12,972.00To correct budget amendment 20630 1,225,387.50EBRADFORD 04/12/2021 1,008,106.50 6,486.00To record Sewer SDFs 20654 1,231,873.50EBRADFORD 76-71-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS 04/12/2021 1,008,106.50 6,486.00To record Sewer SDFs 20597 1,235,116.50EBRADFORD 04/12/2021 1,008,106.50 3,243.00To record sewer SDFs 20613 1,238,359.50EBRADFORD 04/12/2021 1,008,106.50 -12,972.00To correct budget amendment 20631 1,225,387.50EBRADFORD 04/12/2021 1,008,106.50 6,486.00To record Sewer SDFs 20655 1,231,873.50EBRADFORD -22,404,416.00 EBRADFORD 10:33:13PM04/06/2021 fl142r03 Page 3 of 3 Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Util. Cap. Reserve Fund Water SDFs Water SDFs Sewer SDFs Sewer SDFs APPROVED: 4/0 DATE: 4/12/21 VERIFIED: ___________________________________ April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 22 May 10, 2021 ORDINANCE Amending Chapter 13 of the Code of Ordinances Cemeteries The Hillsborough Board of Commissioners ordains: Section 1. Sec. 13-5 Desecration of public and private cemeteries Section 13-5, Item (a) is amended as follows: (a) As provided in G.S. 14-148, any person who willfully commits any of the acts set forth in the following subsections, shall be guilty of a Class 1 misdemeanor and shall be fined not more than $100. Damages of $1,000 or more will result in a Class 1 felony. In passing sentence, the court shall consider the appropriateness of restitution as a condition of probation under G.S. 15A-1343(b)(9) as an alternative to actual imposition of a fine, jail term, or both. Section 13-5, Item (a)(2) is amended as follows: (a)(2) Removing, disturbing, vandalizing, destroying, or tampering with any shrubbery, flowers, plants, or other articles planted or placed within any cemetery to designate where human remains are interred or to preserve and perpetuate the memory and name of any person, without authorization of law or the consent of the surviving spouse or next of kin. Section 2. Delete Sec. 13-6 Removing or defacing monuments and tombstones, and renumber subsequent sections Section 3. Sec. 13-18 Monuments and markers Section 13-18, Item (b) is amended as follows: (b) Grave space markers shall be composed of a marble or granite base and shall be a maximum base size of 66 inches in length by 18 inches wide for a double marker and 28 inches in length by 16 inches wide for a single marker. No marker composed of a brick or concrete base or border shall be permitted. All markers must be flat markers in zones 7 and 9 and must be level with the surrounding ground in all zones. Section 4. Sec. 13-21 Burial procedure Section 13-21, Item (a) is amended as follows: Ordinance #20210412-6.F April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 22 May 10, 2021 (a) No grave may be opened, and no burial may take place in a town cemetery except by a licensed funeral director or employees under the supervision of the public works supervisor or other designated representative of the town. The town shall be notified at least 24 hours in advance of any funeral for which a grave shall be opened. Town staff will not be available to provide this service on weekends. Section 5. Sec.13-26 Misdemeanor, civil action and enforcement provisions Section 13-26, Item (a) is amended as follows: (a) A violation of any of the following provisions shall constitute a Class 1 felony if damage is $1,000 or more and a Class 1 misdemeanor otherwise: sections 13-3, 13-4 except items (a) and (b), 13-7, 13-8, 13-14, 13-21 and 13-23. Section 6. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 7. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of April, 2021. Ayes: 4 Noes: 0 Absent or Excused: 1 Sarah E. Kimrey, Interim Town Clerk Ordinance #20210412-6.F April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 13 of 22 May 10, 2021 From:Town of Hillsborough To:Sarah Kimrey; Haley Bizzell Subject:Contact form message: Comments for tonights board meeting Date:Monday, April 12, 2021 3:23:51 PM Will Spoon sent the message below via the Town of Hillsborough website “Contact Town Clerk's Office” form. To respond, reply to this email or contact Hello, I am not able to speak due to other work obligations but please consider my recommendations which I have also asked Sarah to read tonight at the meeting. Town staff has made a recommendation for the use of shields for streetlights only when an inhabited structure is within the 0.2 footcandle light contour or roughly a 25- foot radius from the light pole. This is counter to UDO 6.11.5 MAXIMUM LIGHT LEVELS which is measured at the property line vs. distance to the impacted inhabited structure. We request that maximum light levels from street lights be treated consistently with how they are handled in the UDO and measured to the property line vs. this new and arbitrary standard that the inhabited structure with the concern must be within a 25-foot radius from the light pole. New information has been received by the town that shows the 0.2 footcandle outline extends more than 50’ in front of the light and 25’ behind vs. the 25' in front of the light listed in the documents circulated before this meeting. Town staff have also said they have not taken into account topography between lights and property which is known to be a significant factor in the distance light trespass can occur from a streetlight. For these reasons, we request that no distance be set from a light pole for a resident to have a shield placed on a light to protect their property from light trespass or that it be increased to 100' from the property line so that a shield request is not denied due to an arbitrarily chosen distance. The distances from the "inhabited structures" of the roughly two dozen residents who recently raised the issue of light trespass to the street light that is causing the light trespass on their properties has not been measured to know if this proposed policy would allow them to get the light shields installed. Rather than forcing a bureaucratic limitation to who can receive a shield with so many unknowns remaining, we request town staff process requests for shields and let the distances from which residents are experiencing light trespass inform setting future distances if needed. The answer of coming before the town board to request things like this is an inequitable solution as working people do not have time to spend hours at town meetings requesting simple things like shields to keep town streetlights from shining in their windows. Please learn from town residents what they value when it comes to lighting and provide an equitable pathway to achieving lighting solutions to everyone with concerns. April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 14 of 22 May 10, 2021 Thank you, Will D. Spoon April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 15 of 22 May 10, 2021 From:Lisa Bakale-Wise To:Sarah Kimrey Subject:To read at Town Commissioners meeting tonight Date:Monday, April 12, 2021 4:09:41 PM Hello Sarah, I would like to have the following read at the meeting tonight. Can you please let me know if you will be able to read it for me tonight? Thanks! Hello, We are pleased to see the town acting quickly to address the recent complaints about the new lights. Working to bring oversight to how utility companies light our town is a step in the right direction. There is scant documented evidence that streetlights do anything to deter crime and no instances of public safety were cited as the reason for the considerable increase in lighting Duke is undertaking. Disrupting effects of nighttime lighting have been shown to affect our bodies’ circadian rhythms and may contribute to obesity, diabetes, depression and mood disorders, and reproductive problems. Artificial light causes our bodies to suppress the release of melatonin, elevating our risk of contracting cancer, and especially breast cancer. Songbirds and countless other creatures mating and eating habits are thrown off by overlighting as well. We have waited patiently for close to two months while the new light near our house shines through our curtains making it bright enough to read by inside of our house at night. We are requesting a shield be approved tonight to prevent this light trespass in our house and on our property as the sleep deprivation resulting from the lighting is having negative health effects on our family. Thank you, Lisa Bakale-Wise April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 22 May 10, 2021 From:Jamey Tippens To:Sarah Kimrey Subject:Agenda Item for tonight"s meeting Date:Monday, April 12, 2021 3:35:58 PM Hello Sarah, I'm just writing to express my household's discouragement at the glare from the new streetlights that are being installed. I understand that this topic is on the agenda for tonight's commission meeting. Please add our endorsement to the sentiments expressed by our neighbor Will Spoon. Thanks Jamey Tippens and Nettie Lassiter April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 17 of 22 May 10, 2021 From:Town of Hillsborough To:Jenn Weaver; Robb English; Evelyn Lloyd; Kathleen Ferguson; Mark Bell; Matt Hughes; Sarah Kimrey; Eric Peterson; Margaret Hauth Subject:Contact form message: Streetlights and shielding Date:Sunday, April 11, 2021 9:46:01 PM Christopher Gibson sent the message below via the Town of Hillsborough website “Contact Mayor and Commissioners” form. To respond, reply to this email or contact This is a public comment for the April 12, 2021 board meeting, for agenda item 7.B. My name is Christopher Gibson, First, I would like to thank the town for working with Duke Energy to switch to the 3000K fixtures. This is a great first step in reducing light pollution in our town. I have learned a lot about this topic and encourage the board to learn more here: https://www.darksky.org/light-pollution/ As the town considers adopting a uniform streetlight and shielding policy, I would ask the board consider the following: (1) Residents should be allowed to request a shield if the light trespasses onto their property, regardless of whether or not the building is within 25 feet of a light pole. There are instances where the light shines directly into a bedroom, but the pole may be more than 25 feet away. The shielding only blocks light on the property, not the street, so it wouldn't impact public safety. (2) If the town won't pay to shield a light that's more than 25 feet away from a property, I would ask the town to allow a homeowner to cover the cost of shielding such a light if the light trespasses onto a property and they request it. (3) Finally, please consider developing a process for residents to request the removal of a street light. Several nearby cities and towns, including Durham, have such a policy. It generally involves a petition with signatures from a majority of the property owners on the block, and a process where both the police and transportation departments evaluate the request. We have some blocks in town with several lights very close together, and others with very few lights, so it would be great if there were a clear and formal process for requesting the removal of a light. April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 18 of 22 May 10, 2021 From:Town of Hillsborough To:Jenn Weaver; Robb English; Evelyn Lloyd; Kathleen Ferguson; Mark Bell; Matt Hughes; Sarah Kimrey; Eric Peterson; Margaret Hauth Subject:Contact form message: commissioners meeting 4/12/21 Date:Sunday, April 11, 2021 8:32:01 PM Sarah Cross sent the message below via the Town of Hillsborough website “Contact Mayor and Commissioners” form. To respond, reply to this email or contact comments on two items for the meeting 7B - i support the lower kelvin lights replacing the 4000 kelvin ones. i'm also very interested in a shied to minimize light encroachment from the street into the front windows of my house. 7E - i support requiring businesses to reduce amplified sound after midnight. i'd like hillsborough to remain a somewhat sleepy town. if people want loud music till all hours, they can visit places in more urban areas where that is allowed. i think a good compromise is a midnight cutoff - which still allows customers to drink and talk and for downtown residents to sleep. an added note here - the penalty for failure to comply with these ordinances doesn't seem a particularly effective one. I'm not suggesting a higher penalty, just drawing attention to the fact that they do not seem much a of a deterrent. Further, I'd like the Board to start reducing the activity/purview of the police and redistributing most of their responsibilities to other offices. How could complaints be handles without involving the police? Many thanks! sarah cross April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 19 of 22 May 10, 2021 ORDINANCE Amending Section 5.4 and 5.14 of the Code of Ordinances Regulating Noise The Hillsborough Board of Commissioners ordains: Section 1. Town Code Section Sec. 5-4. Special provisions for amplified sound, is amended to read as follows (strike throughs deleted, underscores added). (a)Terminology. (1)Amplified sound. Any sound or noise, including the human voice, which is increased in volume or intensity by means of electrical power. Examples of amplified sound include bands and entertainment, radios and stereo equipment, loudspeakers, etc. (2)A-weighted sound level. Sound level in decibels determined by the "A" weighting scale. A-Weighting is a frequency response adjustment of a sound level meter that conditions the output signal to approximate human response. (3)Decibel (dB). Unit for measuring the relative loudness of sounds equal approximately to the smallest degree of difference of loudness ordinarily detectable by the human ear whose range include approximately 130 decibels on a scale beginning with one as the faintest audible sound. (4)Measurement period. A five-minute period in which sound measurements are taken ten seconds. (5)Sound level. The weighted sound pressure level (measured in decibels) obtained by the use of a sound level meter and frequency weighted network. (6)Sound level meter. An instrument for measuring sound levels that includes an omnidirectional microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound. Sound level meters must be certified to meet or exceed the current standards of the American National Standards Institute (ANSI). (b)Limits. It shall be unlawful for any person to cause or allow the emission of sound from any source or sources which, when measured in accordance with section (d) below exceeds 65db(A) for more than 20 percent of any measurement period during the following times: (1)Sunday—Thursday 7:00 a.m. to 11:00 p.m. (2)Friday—Saturday 7:00 a.m. to midnight (c)Amplified Sound Cutoff. Outside of the times listed in section (b), it shall be unlawful for any person to cause or allow the emission of amplified sound from any source or sources which results in a complaint and can be heard at any occupied residential property or from the property of a complaining business outside of the sound source. Ordinance #20210412-7.E April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 20 of 22 May 10, 2021 (d)Measurement guidelines. A sound measurement shall be taken and sound levels determined using the following procedures: (1)The sound meter must be serviced, calibrated and operated as recommended by the manufacturer and in accordance with procedure maintained by the police department. Persons using the sound level meter shall be trained in sound level measurement and the operation of the sound meter being used. (2)Sound readings will be taken using the "A-weighting" scale in slow response. (3)The sound readings shall be taken from the nearest property line of the occupied residential property situated closest to the source of the sound being measured, or, if the complaining party is a business, from the business location. (4)When possible, the sound level meter should be positioned at least ten feet from any walls or structures, and approximately four feet above the ground. (5)No person, other than the operator and a recorder shall be within ten feet for the sound level meter while a reading is being taken. (6)Sound level measurements will be taken for an entire measurement period recording one reading at ten-second intervals for a period of five minutes. (7)Any readings that are impacted by obvious external sounds not emanating from the source location being measured, such as loud vehicular traffic, will be disregarded. (e)It shall be unlawful for any person to interfere, through the use of sound or otherwise, with the taking of sound measurements. (f)Special events permitting exception for amplified sound events. Locations may seek a special events permit that will allow for extended hours for the dB(A) limits described in item (b) above. Special events permits will be subject to the following provisions: (1)A location may only be granted four nights of exemption per calendar year. (2)The special events permit exemption may allow amplified sound at the 65 dB(A) level until 1:00 a.m. (3)Locations that are issued a special events exemption will be required to notify residents residing within a 500-foot radius from their location, in writing no more than ten days and no fewer than five days in advance of the special event, that a permit has been issued. (4)Locations that violate the provisions of a special events permit, or have violated the general provisions of this section will not be issued a special events permit for a six- month period. Ordinance #20210412-7.E April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 21 of 22 May 10, 2021 (g) Civil Penalty. Any violation of this section shall be a civil penalty as follows: (1) First violation during 12-month period - Warning (2) Second violation during 12-month period - $50 (3) Third violation during 12-month period - $100 (4) Fourth and subsequent violations during 12-month period $250 (5) Any violation that continues after a person has been notified that such violation exists and that he is subject to the penalties specified in this section shall constitute a separate offense.(6) If the source of the amplified sound is a business, then the person in control or the owner of the business may be issued the civil penalty. (7) This section may also be enforced by any appropriate equitable action, including injunctions or orders of abatement. (8) The town may enforce this chapter by any one or any combination of the foregoing remedies. (h) Appeal. Any person who is assessed a civil penalty may appeal directly to the Chief of Police in writing within 10 days. They may appeal the decision of the Chief of Police directly to the town Board. (Ord. No. 20150427-9 , § 1, 4-27-2015) Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of April, 2021. Ayes: 4 Noes: 0 Absent or Excused: 1 Sarah E. Kimrey, Interim Town Clerk Ordinance #20210412-7.E April 12, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 22 of 22 May 10, 2021