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HomeMy Public PortalAbout06-14-21 Regular Meeting (Amended) Minutes Board of Commissioners Remote regular meeting 7 p.m. June 14, 2021 Virtual meeting via YouTube Live Town of Hillsborough YouTube channel Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: Interim Human Resources Director Haley Bizzell, Budget Director Emily Bradford, Assistant to the Manager/Deputy Budget Director Jen Della Valle, 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, Interim Public Works Director Dustin Hill, Town Attorney Bob Hornik, Town Manager Eric Peterson, Utilities Director Marie Strandwitz, Public Space Manager Stephanie Trueblood and Public Information Officer Catherine Wright Opening of the meeting Mayor Jenn Weaver called the meeting to order at 7:03 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 The mayor noted a change sent by the budget director by email prior to the meeting regarding the Community Development Block Grant project ordinance and an associated budget amendment. She also noted a change sent by the deputy budget director earlier regarding amending the miscellaneous budget amendments with two additional amendments regarding an aerator blower. Motion: Commissioner Kathleen Ferguson moved to approve the amended agenda. Commissioner Mark Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Commissioners Bell, Robb English, Ferguson, Matt Hughes and Evelyn Lloyd. Nays: 0. 4. Public hearings A. Request to close unopened right of way named Cole Avenue The mayor opened the public hearing. Assistant Town Manager and Planning Director Margaret Hauth said Cole Avenue is an unopened lane that separates property between two neighbors, serves no purpose, is unimproved and has no utilities. The closure was requested by one of the neighbors. Both neighbors were in June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 1 of 40 Aug. 23, 2021 attendance at the meeting. The property owner who made the request, Mark Rhoades, said the closure would allow the two neighbors to have a cleaner property line and would remove questions of maintenance responsibilities along the boundary. Hauth said the other neighbor, Christina Perrella, had noted in an email that she was planning to observe rather than participate in the meeting. The mayor asked for confirmation that both parties are amenable to the request. Hauth said she had not heard otherwise. Motion: Ferguson moved to close the public hearing. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. B. FY2022 budget public hearing Mayor Weaver opened the public hearing. A water and sewer customer, William Johnson, provided a brief presentation against increasing utility rates. His presentation included a comparison of rates with surrounding communities and a look at specific aspects of the town’s water and sewer fund. There were no other speakers. The mayor said the board received public comments from three other people via email. She summarized them: • Will Lane, who attended the town’s academy on operations, said he was glad to see funding for future sessions, thanked staff for making the budget document easy to understand, and said he wants to see the property tax rate stay the same. • Lavone Tucker expressed concerns about out-of-town water and sewer rates. The mayor noted that the town manager had responded to the email. • Michelle Jenkins was curious about the location for the proposed installation of a bench on Nash Street and had some questions about the installation. The mayor said the board also received a letter from Fairview Community Watch asking for signage to be changed to rename the community center in the neighborhood after Dorothy Johnson. 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. Items for decision ― consent agenda A. Minutes 1. Joint Public Hearing April 15, 2021 2. Regular meeting May 10, 2021 3. Work session May 24, 2021 B. Miscellaneous budget amendments and transfers (revised item) C. Miscellaneous Tourism Board amendments and transfers D. Hillsborough Tourism Board FY2022 Budget Ordinance E. Proclamation Commemorating Juneteenth Independence Day F. Consistency statement and ordinance amending Unified Development Ordinance Sections 7.5 – limiting the requirement to combine nonconforming lots G. Consistency statement and ordinance amending Unified Development Ordinance Sections 5.1.6 and 5.1.7, Table of permissible uses H. Reclassification and pay amendment – utilities analyst position to civil engineer I. Deed restriction for all town parcels surrounding the West Fork Eno Reservoir June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 2 of 40 Aug. 23, 2021 J. Special event permit – road closure and sponsorship request for police service for Juneteenth March K. NC 86 Connector Study (Phase II) L. Community Development Block Grant (CDBG-CV) project ordinance and associated budget amendment (added item) Motion: Ferguson moved to approve all items on the amended consent agenda. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 6. Items for decision ― regular agenda A. Consistency statement and ordinance amending Unified Development Ordinance Sections 5.2.9.2 and 6.3.1 – citizen request related to accessory dwelling units and setbacks Planning Director Margaret Hauth said she placed this request for text amendments on the regular agenda vs. the consent agenda because the Planning Board had a lot of discussion on it at the public hearing. She said the request is from a private property owner who would like to construct an accessory dwelling on the property. The ordinance does not allow accessory dwellings on private roads. The owner also would like to change the setback requirements of the property, which is zoned agricultural residential and has setbacks of 50 feet on all sides. The structures on this property are built closer to the property line already. The owner is asking to conform with setbacks in a nearby neighborhood, with a 40-foot setback in front and 30-foot setbacks on the other sides. Hauth said staff does its best to find options that don’t involve changing the ordinance since it is a solution that impacts the entire town. She said the Planning Board’s recommendation to allow accessory dwellings on private roads was not unanimous. She answered questions from the board. She said the property is on Burnside Drive and is one of a few agricultural residential areas serviced by town water and sewer. Most agricultural residential zoning is outside town limits, and the impact of the request would be very limited, especially for the setback issue. Hughes suggested separating the vote on setbacks and accessory dwelling units. There was additional discussion. Hauth noted a change in the setback would affect all land zoned agricultural residential. She said that properties with the designation include the mining area and some places in West Hillsborough and that mining is regulated by the state. She said the only other tool that could be used to grant the request is a variance, but there is no hardship in this case to justify a variance. Hauth said reducing the setback gives property owners more ability to use their lot. She said individual houses that would be impacted likely are a dozen or fewer; a lot of the land in areas without water and sewer service are not developed; and the town has almost no way to oversee property used for agricultural purposes in its extraterritorial jurisdiction. Motion: Hughes moved to approve ordinance change and consistency statement regarding setbacks. Lloyd seconded. Kimrey called the roll for voting. Vote: 3-1. Ayes: Bell, Ferguson, and Lloyd. Nays: Hughes. English lost connection and was unable to vote. June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 3 of 40 Aug. 23, 2021 The board discussed the request to allow an accessory dwelling unit on a private road. The planning director said the applicant wants to build a garage with an apartment over it for a family member. She said the town greatly expanded the ability to have accessory dwelling units but the requirement to be on a public road has been in place for more than 30 years. Hauth said the Planning Board discussed whether a fixed distance could be set from a private road to allow accessory dwellings. The distance needed to allow the unit at this particular property is 300 feet, which would allow accessory dwellings on any private road in town. One of the Planning Board members was opposed to allowing the unit on a private road. Hauth answered questions from the board. She confirmed the private road is a gravel road. She said it is one of the oldest private roads in town and probably one of the more well-constructed ones, noting that garbage trucks do travel it. She said most of the new private roads built are to access deeper lots and most private roads in town are very short. Hauth said the Planning Board discussed looking at the standard of a private road and she was very hesitant to accept the option because town staff are not qualified to look at a road and determine whether it’s built to a certain standard and because the maintenance and standard for private roads is determined by the private owners. It was determined that a fair standard could not be implemented and the only option before the Planning Board was to allow accessory dwellings on private roads or don’t. In answering what the downside is to allowing accessory dwellings on private roads, Hauth said that not all private roads have been built in the last five years and some may not be well maintained or have a maintenance agreement among all the owners. She said the more people who live on a private road, the more pressure there will be also for the town to accept a road that would be a challenge. Hauth said staff have had conversations that private roads are a problem in the long run and perhaps they should not be allowed in town. The mayor noted that the town has already taken steps to make accessory dwelling units more accessible to people and that both parts of this request seem to do that. In this case, the dwelling would make it possible for an aging parent to live on site. For another person, renting out the unit could help produce funds to maintain the road. There was continued discussion about the assumption people have that private roads are public and subject to the same services as public roads and about the treatment of this private road. Hauth said the long tradition of garbage and recycling service on this road and the possibility of the road becoming public should be discussed separately. Motion: Bell moved to adopt the ordinance and consistency statement to allow accessory dwelling units on private roads. Lloyd seconded. Kimrey called the roll for voting. Vote: 3-2. Ayes: Bell, English and Lloyd. Nays: Ferguson, Hughes. B. Order closing unopened right of way named Cole Avenue Motion: Hughes moved to close unopened right of way named Cole Avenue. Ferguson seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 4 of 40 Aug. 23, 2021 C. Consistency statement and ordinance amending Unified Development Ordinance to be consistent with North Carolina General Statute 160D and assigned Special Use Permit review to the Board of Adjustment The planning director noted this item was discussed in April, at which time the board asked staff to check that the Board of Adjustment was comfortable with the new requirements. She said provisions that are more policy-based in the review of special use permits were discussed ― affordable housing, green building, water use and cultural resources. The Board of Adjustment members were willing to take those topics on when there are specific policies or plans that they can rely on when making related determinations. She said the draft language in this request does not include those topics but they could be addressed in the update to the Comprehensive Sustainability Plan and then be added to the Unified Development Ordinance. She said much of the changes are language and consistency changes, some clarification of administrative processes, and changes for consistency in formatting. She noted Section 6.20 of draft will be amended due to a typo. Town Attorney Bob Hornik said the most substantive change is moving special use permit review to the Board of Adjustment to review. All other changes really are to make processes and references match the North Carolina General Statute 160D, which is required by July 1. The mayor asked for clarification on the four items the Board of Adjustment wanted clarification on and what the impact would be in the interim while the town works on the Comprehensive Sustainability Plan. The planning director said the requirements are to ask an applicant how much water they will use, ask what green building standards will be used, have the applicant check whether any documented cultural resources are on the site, and ask the applicant to talk to the board about affordable housing. Hauth said to her recollection, there haven’t been any meaningful conditions placed on special use permits for any of the topics except affordable housing. She said the town did require Forest Ridge and maybe Collins Ridge to do some green building certificates within 30 days of their certificate of occupancy, but more of those provisions and requirements are becoming part of the state building code. She said the big gap in the interim would be with affordable housing as this board has requested affordable housing measures, such as donation of land or payment in lieu. Those measures only are triggered in projects with more than 20 dwellings. In the interim, there would not be that mechanism to have a conversation with the board about affordable housing. Hauth said in discussions with the Planning Board it was noted another round of amendments would be coming in October that would create some conditional zoning districts that address certain circumstances. She said conditional zoning would come to the board and the board would have the opportunity to have affordable housing discussions with applicants then. She noted that the town cannot automatically require that a project with X number of dwellings fall under conditional zoning. She said the board could give staff direction to find another mechanism to address affordable housing. There was discussion about whether special use permits should go to the Board of Adjustment or the town board. The planning director noted that it is not uncommon across the state for special use permits to go to the Board of Adjustment or Planning Board for approval. Bell reminded the board that Hughes had said in the initial discussion that the change in the special use permit process would make the commissioners pay more attention to how they make appointments to the Board of Adjustment. He suggested trying the proposed process for 6 months and then evaluating. He recalled that Hauth had said all the large tracts in the town’s jurisdiction are built out. June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 5 of 40 Aug. 23, 2021 Hughes noted there is a benefit in having appointed board members make quasi-judicial decisions at each meeting vs. mixing quasi-judicial and legislative decision-making as there is a possibility of melding the two in their minds. The planning director urged the board to adopt the proposed ordinance tonight to be compliant with state law. She said she thinks staff can have a solution by the end of the calendar year for ensuring that affordable housing gets discussed at the appropriate level. She said staff will propose some conditional zoning districts that include very large-scale residential developments and mixed-use developments. This will allow for affordable housing conversations as conditional zoning will always come to the town board because it’s a legislative decision. She suggested the town also needs to think through the information it needs from applicants to ask for less upfront but still make an informed decision. Motion: Bell moved to amend consistency statement and ordinance. Hughes seconded. Ferguson asked for clarification that the change in process could be revisited. The planning director suggested adding a discussion to the board’s annual budgetary planning retreat. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. D. Second workshop on the FY22 Budget Budget Director Emily Bradford opened the work session and noted the abstract in the agenda packet includes the items noted for further discussion following the June 7 budget work session. Discussion started regarding a downtown parking study in which Hughes had suggested the town fund a larger portion of the study. The draft budget proposed $18,000 as the town’s contribution and $16,000 each from the Tourism Board and Tourism Development Authority. The planning director offered an alternative source of funds. She said the town receives planning funds from the metropolitan planning organization and the parking study would be an eligible expense. The town would have to pay 20% of the cost. She said use of the funds would have no impact on traffic requests. She also said the town has about a $250,000 balance, so the project’s scope could be increased. The $50,000 cost for the study is a plug figure, she said, adding that a $75,000 project would require $15,000 as the town’s share, which is less than the amount proposed in the draft budget. Board members were in agreement to pursue use of Metropolitan Planning Organization funds for the study. Motion: Hughes moved to change the allocation of the parking study to 50% from the Planning Department, 25% from the Tourism Development Authority and 25% from the Tourism Board. English seconded. Kimrey called the roll for voting. Vote: 4-1. Ayes: Bell, English, Hughes and Lloyd. Nays: Ferguson. The budget director confirmed that the parking study estimate would be changed to $75,000 and the cost would be split. The board discussed other items brought forth during the June 7 work session. It directed staff to: • Increase cleaning of park restrooms to four times a week once daily pandemic cleanings end. Prior to the pandemic, they were cleaned twice a week. June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 6 of 40 Aug. 23, 2021 • Add $3,000 for cellular phone data analysis software for the Police Department. • Add $7,500 as an initial contribution from the town for a veterans memorial in Orange County. • Fund community reinvestment requests from the Exchange Club and Hillsborough Arts Council at the requested levels, $7,500 and $14,520 respectively. • Keep the proposed 3.25% merit raise for employees and add a $1,000 cost-of-living adjustment for the current fiscal year since no raises were given this fiscal year due to the pandemic. The board also discussed compensation for police officers to keep the town competitive amid significant increases to starting salaries in some area jurisdictions and a nationwide issue of early retirements, a shortage of candidates and an inability to fill vacancies. Town Manager Eric Peterson suggested increasing market rate adjustment funds to help cover potential adjustments for police officers and give time for staff to determine a proposal. He plans to provide a proposed amount for the increase at the June 28 meeting. The board also discussed the proposed property rates and fees. There was discussion on the need for funding for sustainability actions to meet the town’s clean energy goals, for taking care of employees, and for connectivity needs. The manager said he would bring some property tax rate options to the board’s next meeting. The utilities director said the Water and Sewer Advisory Committee’s work on examining rates regarding affordability and the differential charged for out-of-town customers was paused due to the pandemic. The town manager noted additional time also is needed to examine capital utility projects that need to be funded but aren’t in the budget because budget adoption must occur this month. The board directed staff to remove from the fee schedule the higher security deposit for water and sewer customers considered high risk for nonpayment. E. Hot topics for work session June 28, 2021 The board will further discuss the budget proposal and adopt a budget ordinance at the June 28 meeting. The planning director said she does not know if she can have a request to rename the community center in the Fairview neighborhood processed in time for the June 28 meeting. She said there is a process specified in the Code of Ordinances regarding naming structures. 7. 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. 8. Adjournment Motion: Ferguson moved to adjourn at 10:01 p.m. Lloyd seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 7 of 40 Aug. 23, 2021 Respectfully submitted, Sarah Kimrey Interim Town Clerk Staff support to the Board of Commissioners June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 8 of 40 Aug. 23, 2021 William Johnoson Presentation June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 9 of 40 Aug. 23, 2021 William Johnoson Presentation June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 10 of 40 Aug. 23, 2021 William Johnoson Presentation June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 11 of 40 Aug. 23, 2021 William Johnoson Presentation June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 12 of 40 Aug. 23, 2021 William Johnoson Presentation June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 13 of 40 Aug. 23, 2021 FY2022 FY2023 FY2024 FY2025 FY2026 FY2027 Wastewater Treatment Plant 190,000 Water Distribution 220,000 200,000 Water Treatment Plant 185,500 - Funding: ARP Fees 595,500$ 200,000$ Water Treatment Plant 600,000 Funding: Cap Reserves 600,000$ Wastewater Collection 10,000,000 8,000,000 Water Distribution 2,000,000 2,600,000 Water Treatment Plant - - - - - 4,250,000 Funding: Debt -$ 2,000,000$ 10,000,000$ -$ 10,600,000$ 4,250,000$ Wastewater Collection 25,000 Wastewater Treatment Plant 100,000 10,000 180,000 Water Distribution 290,000 80,000 465,000 500,000 100,000 - Water Treatment Plant 47,100 219,000 255,500 - - - Funding: Regular Operations 362,100$ 399,000$ 730,500$ 680,000$ 100,000$ -$ Wastewater Collection 200,000 - - - - - Funding: Perpetual Maint 200,000$ -$ -$ -$ -$ -$ Wastewater Collection 180,000 3,550,000 Water Distribution 861,000 150,000 200,000 1,250,000 1,250,000 1,250,000 Funding: System Develop Fees 1,041,000$ 3,700,000$ 200,000$ 1,250,000$ 1,250,000$ 1,250,000$ Wastewater Collection 3,500,000 Funding: Unknown -$ -$ 3,500,000$ -$ -$ -$ Grand Total 2,198,600$ 6,299,000$ 14,430,500$ 1,930,000$ 12,550,000$ 5,500,000$ W&S Proposed Capital Projects & Funding Sources 5 William Johnson presentation June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 14 of 40 Aug. 23, 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: DRaft FY22 budget comments Date:Monday, June 14, 2021 12:24:43 PM William Lang sent the message below via the Town of Hillsborough website “Contact Mayor and Commissioners” form. To respond, reply to this email or contact Wanted to send my comments on the draft FY22 town budget. Great work by our town staff for making the documents easy to read and understand. The mantra of “take care of what we have” is more important than ever which makes moving out of the Eno flood plain to higher ground important. Amazed and pleased that tax rate might be able to remain at current level given the stressors of the past year and last year’s concerns regarding holding the status quo. Fine with the increase in water and sewer as these are such important town services that I know we pay a lot of attention to regarding quality quantity and infrastructure maintenance. Excited to see included the line item for Hillsborough University the catalyst for me sharing my budget thoughts with you! Thoughtful and thought provoking town budget that shows us in good stead which I might say is supported by the future year budgeting (estimating) approach. Meets my test of: Where do we want to go? How will we know when we get there? and What will we measure along the way to make sure we are heading in the right direction? Thanks! Will June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 15 of 40 Aug. 23, 2021 From:Eric Peterson To: Jenn Weaver; Robb English; Evelyn Lloyd; Kathleen Ferguson; Mark Bell; Matt Hughes; Sarah Kimrey; Margaret Hauth Cc:Marie Strandwitz; Catherine Wright; Jen Della Valle; Emily Bradford Subject:RE: Contact form message: Water/Sewer Rate Increase, 6D on Agenda for June 14 Date:Monday, June 14, 2021 3:40:22 PM Dear Lavone Tucker, Thank you for taking the time to share you concerns and frustrations regarding water and sewer rates. You are correct that rates are unquestionably high for water and sewer service. You raise some excellent questions and points. The town has a frequently asked questions (FAQ) page that provides responses to some of the information you requested regarding minimum usage, justifications for higher out-of-town rates, and others: https://www.hillsboroughnc.gov/faqs/faq- water-and-sewer-rates/ Minimum Usage Water & sewer utilities charge either using a base rate or volumetric approach. The base charge approach means customers get charged a flat amount each month for those fixed costs that still must be paid for even if the customer doesn’t use any water or sewer. This includes costs for making the water and sewer service available, such as debt payments on the treatment plants or other system improvements. The calculations are complex and beyond my ability to explain. Utility billing consultants are usually brought in to calculate what those numbers should be. Thus, the customer is charged the base rate plus the actual water/sewer they used. This is approach the City of Durham uses. The volumetric approach is where a unit sets a minimum usage instead of a base rate plus any usage beyond that amount. As you referenced, Hillsborough’s minimum is 2,500 gallons per month. In North Carolina 54% of water systems use the same approach as Hillsborough, the other 46% use Durham’s approach, so it’s split about evenly. Each approach has it’s pros and cons. Hillsborough’s minimum usage was 3,000 per month. A four year process recommended by the Town’s Water & Sewer Advisory Committee to lower it to 2,500 was completed in 2016. The most typical minimum monthly usage amounts by utility systems are 2,000 and 3,000 per month, thus Hillsborough’s is in the middle. There’s more detail at the town’s website at this link: https://assets.hillsboroughnc.gov/media/documents/public/understanding-the-minimum-usage- charge.pdf The town will likely re-evaluate this practice again at some point in the future as it comes up for discussion and evaluation periodically. If a change occurred, it could be to either lower the minimum further as you suggested or to change to a base rate approach. Either way, it would require direction from the town board to re-evaluate the billing structure and hiring a consultant to generate these options. Higher Out-of-Town Rates As with many utility billing practices they can vary widely from jurisdiction to jurisdiction. Charging higher rates to out-of-town customers is a common practice across the country and North Carolina. Although, there are many places that don’t charge a different rate amount. Many others charge multipliers that are less or more than the double or 200% rate that’s common. For example, the City of Durham charges double or 200%. Some places charge as high as triple or 300%. Hillsborough’s multiplier is slightly less than Durham at 195%, but the overall charges are higher due to our rates. In June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 16 of 40 Aug. 23, 2021 North Carolina about 62% of water systems charge higher rates for out-of-town customers. The following link goes into more detail about this topic, such as rationales that have been cited in various places for charging higher out-of-town rates: https://assets.hillsboroughnc.gov/media/documents/public/understanding-in-town-and-out-of- town-rates.pdf One option to address this would be to see if your condominium development is interested in requesting annexation into the town limits. When this happens it’s a trade off of having water and sewer costs reduced almost in half compared to the additional costs of paying property taxes for town services like parks, streets, possibly solid waste collection if the streets are public, stormwater, and having the fire tax removed which saves the homeowners additional money. Some neighborhoods find after doing the calculations that it’s a savings to be annexed. Others find it’s less expensive to continue paying the higher rates and avoid paying taxes. Town staff can assist neighborhoods that are interested in annexation. Water & Sewer Advisory Committee (WSAC) The WSAC is a group of volunteer advisory board members that is composed of both out-of-town and in-town members. They provide policy guidance on various aspects of operating the town’s system, often making recommendations to the town board on rate, budget, operating, and other aspects of running the system. They meet periodically and welcome inquiries and participation from customers. The following link provides more information about this committee and how to get on one of their agendas: https://www.hillsboroughnc.gov/government/appointed-boards/water-and- sewer-advisory-committee/ Due to COVID they’ve been meeting remotely since last March, so hopefully with things appearing to get better they may start meeting in person again later this summer, which may be more convenient that interacting on Zoom. I’ve copied the Town’s Utilities Director Marie Strandwitz in case you want to get on one of their future agendas. Thank you again for taking the time to share thoughtful questions that touch on important concerns. I’m sure the town board will consider your comments as they regularly re-evaluate the impacts of rate structures and practices on customers. Sincerely, Eric Eric Peterson Eric Peterson (he,him,his) Town Manager Town of Hillsborough P O Box 429 June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 17 of 40 Aug. 23, 2021 101 E. Orange Street Hillsborough, NC 27278 ( 919-296-9421 7 919-732-3921 E-Mail: eric.peterson@hillsboroughnc.gov Web: www.hillsboroughnc.gov **In accordance with the North Carolina general statutes, chapter 132, this email address is subject to North Carolina public records law. As such, please note that all inbound and outbound messages are subject to requests for review and may be disclosed to third parties. From: Town of Hillsborough <no-reply@hillsboroughmail.org> Sent: Sunday, June 13, 2021 10:07 PM To: Jenn Weaver <Jenn.Weaver@hillsboroughnc.gov>; Robb English <Robb.English@hillsboroughnc.gov>; Evelyn Lloyd <Evelyn.Lloyd@hillsboroughnc.gov>; Kathleen Ferguson <Kathleen.Ferguson@hillsboroughnc.gov>; Mark Bell <Mark.Bell@hillsboroughnc.gov>; Matt Hughes <matt.hughes@hillsboroughnc.gov>; Sarah Kimrey <Sarah.Kimrey@hillsboroughnc.gov>; Eric Peterson <Eric.Peterson@hillsboroughnc.gov>; Margaret Hauth <Margaret.Hauth@hillsboroughnc.gov> Subject: Contact form message: Water/Sewer Rate Increase, 6D on Agenda for June 14 Lavone Tucker sent the message below via the Town of Hillsborough website “Contact Mayor and Commissioners” form. To respond, reply to this email or contact I currently live in a condo on Orange Grove Rd, outside the city limits. I moved here in August 2019 and coming from Durham, I was shocked at the rates for water/sewer. What is particularly troublesome to me is how the Town can set a "minimum" water usage which results in some homes paying for gallons of water that are NOT used (and the sewage rate for those unused gallons). I have never heard of a utility charging customers for services that are, in fact, not provided. While some type of "minimum charge" would be acceptable to most, it should be far below 2,500 gal/mo. My usage varies from 1400 - 1800 gal/mo. To be "equitable", my suggestion is to charge per gallon (with a reasonable minimum) so that every household pays only for the gallons they use. Charging residents outside the City Limits double what residents pay in town is not equitable. I have heard the argument that in-town residents pay higher property taxes than those of us that live outside city limits. Yet, when one looks at the use of funds, no tax dollars are used for Water/Sewer costs, so this argument holds no water (pun intended). I would love a logical explanation for this discrimination. June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 18 of 40 Aug. 23, 2021 From:Emily Bradford To:Sarah Kimrey Cc:Eric Peterson Subject:FW: Contact form message: Nash St. bench Date:Friday, June 11, 2021 11:25:18 AM From: Town of Hillsborough <no-reply@hillsboroughmail.org> Sent: Friday, June 11, 2021 10:03 AM To: Emily Bradford <Emily.Bradford@hillsboroughnc.gov> Subject: Contact form message: Nash St. bench Michelle Jenkins sent the message below via the Town of Hillsborough website “Contact Budget Office” form. To respond, reply to this email or contact Re: Nash St. bench Hello. Has area/location been narrowed down yet for bench placement? Purpose of bench? Consider midpoint of Nash or further south. Addition of the bench can be beneficial certainly. Expect placement will be useful, and also encourage moving along instead of loitering. From my experience with the bus stop bench installed near my residence, I have witnessed the benefit for bus patrons, but also loitering and litter. For example, individuals who come with blaring music to sit and just disrupt. Also, for idle gatherings. Hopefully, this bench will involve less of the latter. Please consider placement near midpoint of Nash, @ Alma, Hayes, or closer to S. Nash. Thank you. June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 19 of 40 Aug. 23, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 06/14/2021 TO 06/14/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 74-00-3200-3800-350 MISCELLANEOUS 06/14/2021 0.00 689.00Adj to actual 20909 689.00EBRADFORD 74-00-3900-3900-000 FUND BALANCE APPROPRIATED 06/14/2021 49,646.00 5,311.00To cover potential yr-end overages 20910 60,107.00EBRADFORD 74-51-6250-5300-997 6% HOLDBACK 06/14/2021 18,000.00 6,000.00To cover potential yr-end overages 20911 24,000.00EBRADFORD 12,000.00 EBRADFORD 2:09:02PM06/07/2021 fl142r03 Page 1 of 1 APPROVED: 5/0 DATE: 6/14/21 VERIFIED: ___________________________________ June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 20 of 40 Aug. 23, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 06/14/2021 TO 06/14/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-3800-3800-350 MISCELLANEOUS 06/14/2021 20,000.00 10,000.00King St. Sidewalk Project 20847 39,219.00EBRADFORD 10-00-3900-3900-000 FUND BALANCE APPROPRIATION 06/14/2021 551,313.00 6,000.00To cover rental generator 20913 1,085,809.89EBRADFORD 10-10-4200-5300-080 TRAINING/CONF./CONV. 06/14/2021 28,645.00 -775.00To cover translation services 20845 26,313.00EBRADFORD 10-10-4200-5300-320 SUPPLIES - OFFICE 06/14/2021 2,200.00 100.00To cover yr-end overages 20835 1,900.00EBRADFORD 10-10-4200-5300-454 C.S.-CATV/ASCAP-BMI/COD/TRANS/PAY S 06/14/2021 61,332.00 -100.00To cover yr-end overages 20836 61,232.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 06/14/2021 9,053.00 775.00To cover translation services 20846 8,622.00EBRADFORD 10-10-4400-5300-338 SUPPLIES - DATA PROCESSING 06/14/2021 1,200.00 -100.00To cover Debt Book 20915 1,100.00EBRADFORD 10-10-4400-5300-458 DATA PROCESSING SERVICES 06/14/2021 6,948.00 100.00To cover Debt Book 20914 18,559.00EBRADFORD 10-10-4900-5300-120 ADVERTISING 06/14/2021 1,500.00 500.00To cover yr-end overages 0 6,035.00EBRADFORD 06/14/2021 1,500.00 1,000.00To cover yr-end overages 20843 7,035.00EBRADFORD 10-10-4900-5300-570 MISCELLANEOUS 06/14/2021 2,500.00 -500.00To cover yr-end overages 0 41,616.00EBRADFORD 06/14/2021 2,500.00 -1,000.00To cover yr-end overages 20844 40,616.00EBRADFORD 10-20-5100-5300-458 DATA PROCESSING SERVICES 06/14/2021 13,983.00 1,300.00To cover simulator maint/support 20832 15,283.00EBRADFORD 10-20-5110-5300-330 SUPPLIES - DEPARTMENTAL 06/14/2021 15,500.00 3,000.00To cover ammunition 20829 42,729.16EBRADFORD 10-20-5110-5300-350 UNIFORMS 06/14/2021 9,360.00 -3,000.00To cover ammunition 20830 14,360.00EBRADFORD 10-20-5110-5700-741 CAPITAL - EQUIPMENT 06/14/2021 0.00 -1,300.00To cover simulator maint/support 20831 68,250.00EBRADFORD 10-30-5550-5300-351 RENTAL - EQUIPMENT 06/14/2021 0.00 6,000.00To cover rental generator 20912 6,000.00EBRADFORD 10-30-5600-5300-130 UTILITIES 06/14/2021 125,000.00 -9,000.00To cover garbage truck tax/tags 20825 128,855.17EBRADFORD 10-30-5600-5300-165 MAINTENANCE - INFRASTRUCTURE 06/14/2021 0.00 10,000.00King St. Sidewalk Project 20848 13,500.00EBRADFORD 10-30-5800-5700-740 CAPITAL - VEHICLES 06/14/2021 310,000.00 9,000.00To cover garbage truck tax/tags 20826 306,388.00EBRADFORD 30-80-7200-5300-571 SAFETY AWARDS PROGRAM 06/14/2021 0.00 250.00To cover cost of safety awards program 20850 4,303.00JDELLAVALL 30-80-7200-5300-580 CUSTOMER SERVICE & INNOVATION AWARD 06/14/2021 4,000.00 -250.00To cover cost of safety awards program 20849 3,750.00JDELLAVALL 30-80-7200-5350-610 SERVICE CHARGE - GOVERNING BODY EBRADFORD 7:29:37PM06/09/2021 fl142r03 Page 1 of 4 GF- Revenue GF- Revenue Admin. Admin. Admin. Admin. Accounting Accounting Planning Planning Police- Admin Police- Patrol Police- Patrol Police- Patrol Fleet Maint. Streets Streets Solid Waste Admin. of Enterprise Admin. of Enterprise Admin. of Enterprise June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 21 of 40 Aug. 23, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 06/14/2021 TO 06/14/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 06/14/2021 138,952.00 -2,000.00To cover year-end overages 20851 136,952.00JDELLAVALL 30-80-7200-5350-611 SERVICE CHARGE - ADMINISTRATION 06/14/2021 794,099.00 -11,000.00To cover year-end overages 20855 783,099.00JDELLAVALL 30-80-7200-5350-612 SERVICE CHARGE - ACCOUNTING 06/14/2021 271,260.00 -4,000.00To cover year-end overages 20853 267,260.00JDELLAVALL 30-80-7200-5350-613 SERVICE CHARGE - FLEET MAINTENANCE 06/14/2021 205,609.00 2,000.00To cover year-end overages 20852 207,609.00JDELLAVALL 30-80-7200-5350-615 SERVICE CHARGE - SAFETY & RISK MGMT 06/14/2021 93,090.00 4,000.00To cover year-end overages 20854 97,090.00JDELLAVALL 30-80-7200-5350-616 SERVICE CHARGE-INFORMATION SERVICES 06/14/2021 271,256.00 11,000.00To cover year-end overages 20856 282,256.00JDELLAVALL 30-80-7220-5100-010 OVERTIME 06/14/2021 1,500.00 3,000.00To cover year-end overages 20858 4,500.00JDELLAVALL 30-80-7220-5100-020 SALARIES 06/14/2021 305,578.00 -3,000.00To cover year-end overages 20857 302,578.00JDELLAVALL 30-80-7220-5300-455 C.S./ENGINEERING 06/14/2021 127,500.00 -5,000.00To cover GIS work 20828 167,500.00EBRADFORD 06/14/2021 127,500.00 -3,371.00To cover year-end overages 20859 164,129.00JDELLAVALL 30-80-7220-5300-493 C.S./GIS 06/14/2021 15,000.00 5,000.00To cover GIS work 20827 26,858.75EBRADFORD 30-80-7220-5300-581 RECOGNITION PAY 06/14/2021 0.00 3,371.00To cover year-end overages 20860 3,371.00JDELLAVALL 30-80-7240-5100-010 OVERTIME COMPENSATION 06/14/2021 2,000.00 2,600.00To cover year-end overages 20862 4,600.00JDELLAVALL 30-80-7240-5125-060 HOSPITALIZATION 06/14/2021 63,414.00 -2,600.00To cover year-end overages 20861 60,814.00JDELLAVALL 30-80-7240-5125-061 LIFE/DISABILITY/VISION 06/14/2021 1,396.00 25.00To cover year-end overages 20864 1,421.00JDELLAVALL 30-80-7240-5127-070 RETIREMENT 06/14/2021 21,923.00 -25.00To cover year-end overages 20863 21,898.00JDELLAVALL 30-80-8120-5100-020 SALARIES 06/14/2021 398,633.00 22,000.00To cover year-end overages 20881 420,633.00JDELLAVALL 30-80-8120-5120-050 FICA 06/14/2021 32,408.00 3,500.00To cover year-end overages 20882 35,908.00JDELLAVALL 30-80-8120-5125-060 HOSPITALIZATION 06/14/2021 77,179.00 10.00To cover year-end overages 20866 77,189.00JDELLAVALL 30-80-8120-5127-070 RETIREMENT 06/14/2021 43,211.00 -10.00To cover year-end overages 20865 43,201.00JDELLAVALL 30-80-8120-5127-071 401(K) RETIREMENT SUPP. 06/14/2021 21,182.00 260.00To cover year-end overages 20868 21,442.00JDELLAVALL 30-80-8120-5300-130 UTILITIES 06/14/2021 82,500.00 -260.00To cover year-end overages 20867 74,433.00JDELLAVALL 30-80-8120-5300-570 MISCELLANEOUS EBRADFORD 7:29:37PM06/09/2021 fl142r03 Page 2 of 4 Admin. of Enterprise Admin. of Enterprise Admin. of Enerprise Admin. of Enterprise Admin. of Enterprise Utilities Admin. Utilities Admin. Utilities Admin. Utilities Admin. Utilities Admin. Billing & Collection Billing & Collection Billing & Collection Billing & Collection WTP WTP WTP WTP WTP WTP WTP June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 22 of 40 Aug. 23, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 06/14/2021 TO 06/14/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 06/14/2021 1,200.00 -400.00To cover translation of water quality repor 20916 1,800.00JDELLAVALL 30-80-8120-5300-572 CONSUMER CONFIDENCE REPORT 06/14/2021 600.00 400.00To cover translation of water quality repor 20917 1,000.00JDELLAVALL 30-80-8140-5100-020 SALARIES 06/14/2021 314,813.00 53,000.00To cover year-end overages 20883 367,813.00JDELLAVALL 30-80-8140-5120-050 FICA 06/14/2021 25,039.00 3,000.00To cover year-end overages 20884 28,039.00JDELLAVALL 30-80-8140-5125-060 HOSPITALIZATION 06/14/2021 67,963.00 12,000.00To cover year-end overages 20885 79,963.00JDELLAVALL 30-80-8140-5125-061 LIFE/DISABILITY/VISION 06/14/2021 2,162.00 500.00To cover year-end overages 20886 2,662.00JDELLAVALL 30-80-8140-5125-062 DENTAL INSURANCE 06/14/2021 2,244.00 550.00To cover year-end overages 20887 2,794.00JDELLAVALL 30-80-8140-5127-070 RETIREMENT 06/14/2021 33,386.00 4,500.00To cover year-end overages 20888 37,886.00JDELLAVALL 30-80-8140-5127-071 401(K) RETIREMENT SUPP. 06/14/2021 16,366.00 3,500.00To cover year-end overages 20870 19,866.00JDELLAVALL 30-80-8140-5300-130 UTILITIES 06/14/2021 42,268.00 1,800.00To cover year-end overages 20871 44,068.00JDELLAVALL 30-80-8140-5300-310 GASOLINE 06/14/2021 23,345.00 -5,300.00To cover year-end overages 20869 15,045.00JDELLAVALL 30-80-8140-5300-330 SUPPLIES - DEPARTMENTAL 06/14/2021 100,000.00 -2,400.00To cover year-end overages 20872 95,173.00JDELLAVALL 30-80-8140-5300-336 NON-CAPITAL OUTLAY 06/14/2021 0.00 2,400.00To cover year-end overages 20873 2,400.00JDELLAVALL 30-80-8200-5100-020 SALARIES 06/14/2021 314,813.00 25,000.00To cover year-end overages 20889 339,813.00JDELLAVALL 30-80-8200-5120-050 FICA 06/14/2021 25,039.00 1,400.00To cover year-end overages 20890 26,439.00JDELLAVALL 30-80-8200-5125-060 HOSPITALIZATION 06/14/2021 67,963.00 8,500.00To cover year-end overages 20891 76,463.00JDELLAVALL 30-80-8200-5125-061 LIFE/DISABILITY/VISION 06/14/2021 2,162.00 200.00To cover year-end overages 20892 2,362.00JDELLAVALL 30-80-8200-5125-062 DENTAL INSURANCE 06/14/2021 2,244.00 300.00To cover year-end overages 20893 2,544.00JDELLAVALL 30-80-8200-5127-070 RETIREMENT 06/14/2021 33,386.00 1,800.00To cover year-end overages 20894 35,186.00JDELLAVALL 30-80-8200-5127-071 401(K) RETIREMENT SUPP. 06/14/2021 16,366.00 2,300.00To cover year-end overages 20875 18,666.00JDELLAVALL 30-80-8200-5300-110 TELEPHONE/INTERNET 06/14/2021 5,904.00 500.00To cover year-end overages 20877 6,557.00JDELLAVALL 30-80-8200-5300-130 UTILITIES 06/14/2021 53,573.00 -2,300.00To cover year-end overages 20874 51,273.00JDELLAVALL EBRADFORD 7:29:37PM06/09/2021 fl142r03 Page 3 of 4 WTP Water Distribution Water Distribution Water Distribution Water Distribution Water Distribution Water Distribution Water Distribution Water Distribution Water Distribution Water Distribution Water Distribution WW Collection WW Collection WW Collection WW Collection WW Collection WW Collection WW Collection WW Collection WW Collection June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 23 of 40 Aug. 23, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 06/14/2021 TO 06/14/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 30-80-8200-5300-310 GASOLINE 06/14/2021 16,723.00 -500.00To cover year-end overages 20876 19,223.00JDELLAVALL 30-80-8220-5127-071 401(K) RETIREMENT SUPP. 06/14/2021 18,186.00 600.00To cover year-end overages 20879 18,786.00JDELLAVALL 30-80-8220-5300-130 UTILITIES 06/14/2021 159,370.00 -600.00To cover year-end overages 20878 158,770.00JDELLAVALL 30-80-8220-5300-331 SUPPLIES - SAFETY 06/14/2021 1,950.00 2,820.00To cover fall protection device replacemen 20833 4,770.00EBRADFORD 30-80-8220-5300-473 MAINTENANCE CONTRACTS 06/14/2021 77,710.00 -2,820.00To cover fall protection device replacemen 20834 74,890.00EBRADFORD 30-80-9990-5300-000 CONTINGENCY 06/14/2021 300,000.00 -136,250.00To cover year-end overages 20880 44,688.00JDELLAVALL 32,000.00 EBRADFORD 7:29:37PM06/09/2021 fl142r03 Page 4 of 4 WW Collection WWTP WWTP WWTP WWTP WSF- Contingency APPROVED: 5/0 DATE: 6/14/21 VERIFIED: ___________________________________ June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 24 of 40 Aug. 23, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 06/15/2021 TO 06/15/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-3900-3900-000 FUND BALANCE APPROPRIATION 06/15/2021 551,313.00 5,700.00To cover generator repair & rental 20920 1,091,509.89EBRADFORD 10-30-5550-5300-158 MAINTENANCE - EQUIPMENT 06/15/2021 2,500.00 5,000.00To cover generator repair 20919 7,500.00EBRADFORD 10-30-5550-5300-351 RENTAL - EQUIPMENT 06/15/2021 0.00 700.00To cover generator rental 20918 6,700.00EBRADFORD 30-80-8220-5300-158 MAINTENANCE - EQUIPMENT 06/15/2021 65,710.00 10,500.00To cover aeration blower replacement 20931 129,528.00JDELLAVALL 30-80-8220-5300-473 MAINTENANCE CONTRACTS 06/15/2021 77,710.00 -10,500.00To cover aeration blower replacement 20930 64,390.00JDELLAVALL 11,400.00 JDELLAVALLE 12:13:46PM06/14/2021 fl142r03 Page 1 of 1 GF - Revenue Fleet Maint. Fleet Maint. WWTP WWTP APPROVED: 5/0 DATE: 6/14/21 VERIFIED: ___________________________________ June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 25 of 40 Aug. 23, 2021 Ordinance #20210614-5.D June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 26 of 40 Aug. 23, 2021 Proclamation #20210614-5.E June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 27 of 40 Aug. 23, 2021 Proclamation #20210614-5.E June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 28 of 40 Aug. 23, 2021 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): Sections 7.5 – limiting the requirement to combine nonconforming lots 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 supports the town’s on-going smart growth principles of encouraging more development with the urban core and available to existing infrastructure, as well as supporting affordable housing efforts. Adopted by the Town of Hillsborough Board of Commissioners this 14th day of June, 2021. ______________________________ Sarah E. Kimrey, Interim Town Clerk June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 29 of 40 Aug. 23, 2021 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 7.5, Nonconforming Lots, is hereby amended to replace section 7.5.1 and 7.5.2 as follows: 7.5.1 COMBINATION OF CONTIGUOUS NONCONFORMING LOTS IN SINGLE OWNERSHIP Undeveloped nonconforming lots shall be combined to create less nonconforming lots when all of the following apply: a) the lots are held in single ownership at the time of permit application b) the lots have continuous street frontage c) one or more of the lots is less than 40 feet wide, when measured at the front setback line d) the lots are lots of record as defined by this ordinance, were created by a public taking action, or were created as a result of a court order. If the resultant lot is still nonconforming, it may be developed subject to Section 7.5.3, Nonconforming Lot Setback Requirements, as if the lot was created prior to February 17, 1986. 7.5.2 USE OF NONCONFORMING LOTS 7.5.2.1 Any single nonconforming lot of record may be developed, used, and occupied for the purposes defined by its zoning classification if combination with adjoining lots is not required under 7.5.1, Combination of Contiguous Nonconforming Lots in Single Ownership. 7.5.2.2 The setbacks for these lots shall be defined in Section 7.5.3, Nonconforming Lot Setback Requirements, as if the lot was created prior to February 17, 1986. 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 14th day of June, 2021. Ayes: 5 Noes: 0 Absent: 0 Sarah E. Kimrey, Interim Town Clerk June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 30 of 40 Aug. 23, 2021 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): Sections 5.1.6 and 5.1.7 – permitted use tables 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 brings the ordinance into compliance with NCGS 160D requirements to no longer have conditional use permits. Other modernization amendments to processes and where uses are allowed were also included. Adopted by the Town of Hillsborough Board of Commissioners this 14th day of June, 2021. _____________ _________ Sarah E. Kimrey, Interim Town Clerk June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 31 of 40 Aug. 23, 2021 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 5.1.6, Use Table for Residential districts and 5.1.7., Use Table for Non-residential districts are hereby replaced wits the attached tables. Section 2. Amend Section 9.2, definitions, to modify the definition for Building/Trade Contractor’s Office to read as follows: An establishment that serves as the base of operations for building contractors, plumbers, electricians, mechanical systems technicians, and the like. This use also includes other service type businesses dispatching to a work site including but not limited to exterminators, carpet cleaners, or mobile vehicle service with no on-site garage. This use may include office, on-site and off-site repair, and sale of related supplies and equipment. Outside storage of supplies, equipment, or vehicles that meet the definition of storage rather than parking is only permitted if the outdoor storage meets the requirements in Section 5.2 45. Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 4. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 14th day of June, 2021. Ayes: 5 Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk 5 0 0 June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 32 of 40 Aug. 23, 2021 June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 33 of 40 Aug. 23, 2021 June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 34 of 40 Aug. 23, 2021 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 Samantha Johnson to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): Section 6.3.1 – to reduce setbacks in the Agricultural residential district 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 requested amendments do not conflict with town goals and allow more dense development within the area served with public water and sewer. Adopted by the Town of Hillsborough Board of Commissioners this 14th day of June, 2021. ______________________________ Sarah E. Kimrey, Interim Town Clerk June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 35 of 40 Aug. 23, 2021 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 6.3.1, Dimensional Requirements – Residential, is amended to establish side setbacks of thirty feet, rear setback of thirty feet, and front setback of forty feet for the Agricultural Residential District. 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 14th day of June, 2021. Ayes: 3 Noes: 1 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 36 of 40 Aug. 23, 2021 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 Samantha Johnson to amend the Town of Hillsborough Unified Development Ordinance as follows (insert general description of proposed amendment): Section 5.2.9.2 – allow accessory dwellings on private roads 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 requested amendments do not conflict with town goals and allow more dense development within the area served with public water and sewer. Adopted by the Town of Hillsborough Board of Commissioners this 14th day of June, 2021. ______________________________ Sarah E. Kimrey, Interim Town Clerk June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 37 of 40 Aug. 23, 2021 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 5.2.9.2, Accessory dwelling within a principal single-family dwelling, is hereby amended to deleted provision “b” which requires the lot to have direct access to a public road. The section is renumbered to accommodate this deletion. 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 14th day of June, 2021. Ayes: 3 Noes: 2 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 38 of 40 Aug. 23, 2021 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): Entire ordinance rewrite to comply with North Carolina General Statutes 160D 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 brings the ordinance into compliance with NCGS 160D requirements Adopted by the Town of Hillsborough Board of Commissioners this 14th day of June, 2021. _____________ _________ Sarah E. Kimrey, Interim Town Clerk June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 39 of 40 Aug. 23, 2021 AN ORDINANCE REPEALING THE TOWN OF HILLSBOROUGH 2011 UNIFIED DEVELOPMENT ORDINANCE (as amended) AND ADOPTING A UNIFIED DEVELOPMENT ORDINANCE CONSISTENT WITH NCGS 106-D. THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Unified Development Ordinance, originally adopted February 28, 2011 and subsequently amended, is hereby repealed. Section 2. The attached Unified Development Ordinance consisting of 9 sections, is hereby adopted to be consistent with new planning legislation in North Carolina General Statutes 160D. 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 14th day of June, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 _____________________________ Sarah E. Kimrey, Interim Town Clerk June 14, 2021 Board of Commissioners Regular Meeting Amended: ____________________ Page 40 of 40 Aug. 23, 2021