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HomeMy Public PortalAbout06-14-21 Agenda Regular Meeting 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 www.hillsboroughnc.gov | @HillsboroughGov Board of Commissioners Agenda | 1 of 3 Agenda Board of Commissioners Remote regular meeting 7 p.m. June 14, 2021 Virtual meeting via YouTube Live Town of Hillsborough YouTube channel Due to current public health concerns, this meeting will be conducted remotely using Zoom. Public comment instructions are available below the agenda. Please use the bookmark feature to navigate and view the item attachments. 1. Public charge The Hillsborough Board of Commissioners pledges to the community of Hillsborough its respect. The board asks participants to conduct themselves in a respectful, courteous manner with the board and with fellow participants. At any time should any member of the board or any participant fail to observe this public charge, the mayor or the mayor’s designee will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the mayor or the mayor’s designee will recess the meeting until such time that a genuine commitment to this public charge is observed. 2. Audience comments not related to the printed agenda 3. Agenda changes and approval 4. Public hearings A. Request to close unopened right of way named Cole Avenue B. FY2022 budget public hearing A copy of the FY2022 Annual Budget & Financial Plan Workbook is available at: https://assets.hillsboroughnc.gov/media/documents/public/fiscal-year-2021-22-annual-budget-workbook.pdf 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 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 Board of Commissioners Agenda | 2 of 3 H. Reclassification and pay amendment – utilities analyst position to civil engineer I. Deed restriction for all town parcels surrounding the West Fork Eno Reservoir J. Special event permit – road closure and sponsorship request for police service for Juneteenth March K. NC 86 Connector Study (Phase II) 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 B. Order closing unopened right of way named Cole Avenue 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 D. Second workshop on the FY22 Budget E. Hot topics for work session June 28, 2021 7. Updates A. Board members B. Town manager C. Staff (written reports in agenda packet) 8. Adjournment Interpreter services or special sound equipment for compliance with the American with Disabilities Act is available on request. If you are disabled and need assistance with reasonable accommodations, call the Town Clerk’s Office at 919-296-9443 a minimum of one business day in advance of the meeting. Public Comment Instructions For public hearings, agenda items and items not on the agenda Public Comment ― Written Members of the public may provide written public comment by submitting it via the Board of Commissioners contact form by noon the day of the meeting. Public hearing comments may be submitted for 24 hours following a public hearing. When submitting the comment, include the following: • Date of the meeting • Agenda item you wish to comment on (Example: 5.C) • Your name, address, email and phone number Public Comment ― Verbal Members of the public can indicate they wish to speak during the meeting by contacting the town clerk using the town clerk contact form by noon the day of the meeting. When submitting the request to speak, include the following: • Date of the meeting • Agenda item you wish to speak on (Example: 5.C) • Your name, address, email and phone number (The phone number must be the number you plan to call in from if participating by phone.) Board of Commissioners Agenda | 3 of 3 Prior to the meeting, speakers will be emailed a Zoom participant link to be able to make comments during the live meeting. Speakers may use a computer (with camera and/or microphone) or phone to make comments. Speakers using a phone for comments must use the provided PIN/password number. The public speaker’s audio and video will be muted until the board gets to the respective agenda item. Individuals who have pre-registered will then be brought into the public portion of the meeting one at a time. For concerns prior to the meeting related to speaking, contact the town clerk at 919-296-9443. Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 4.A Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Public Hearing – potential closure of unopened right of way named Cole Avenue Attachment(s): 1. Map Brief Summary: Action Requested: Conduct public hearing to hear citizen commentary about possibly closing one unopened right of way. ISSUE OVERVIEW Background Information & Issue Summary: The board adopted the resolution of intent to close this unopened right of way, calling a public hearing on the topic. The required public hearing notices have been mailed, placed in the newspaper and posted on the property. Financial Impacts: Staff Recommendations/Comments: 58 102.05 (1 2 7 )(1 2 8 )122.46122.46A 244.32244.32(243)(398)(167) 53 244COLE AVE 16' R/W (UNOPENED)B 8 4 .8 9 0 .9 2 3 9 .3 D 50 P70/13 5P 11 8 /9 0.16A C P71/181 5 6 .4 2 5 6 .5 2 562.04 150.60.47A P87/58 0.66A P87/58 1 0 2 .0 5 178.19 1 0 2 .1 3 130.33120.40123.9520.5811 6 .1 5 A PAT T E R S O N AV E 20 ' R /W (C L O S E D )10 7 .3 1208 203 205 210 206 209 219 215 WAKEMARGA RET Cole Avenue exhibit¯1 in ch = 50 fee t Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Administration - Budget Public Hearing: Yes No Date of Public Hearing: June 14, 2021 For Clerk’s Use Only AGENDA ITEM # 4.B Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Eric Peterson, Town Manager ITEM TO BE CONSIDERED Subject: FY2022 budget public hearing Attachment(s): 1. Fairview Community Watch letter. Brief Summary: Receive public comment on the FY22 budget. Action Requested: N/A ISSUE OVERVIEW Background Information & Issue Summary: The FY22 budget was presented at the May 24, 2021 board meeting. Financial Impacts: N/A Staff Recommendations/Comments: N/A Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Administration Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.A Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Sarah Kimrey, Interim Town Clerk ITEM TO BE CONSIDERED Subject: Minutes Attachment(s): 1.Joint Public Hearing April 15, 2021 2.Regular meeting May 10, 2021 3.Work session May 24, 2021 Brief Summary: None Action Requested: Approve minutes of the Board of Commissioners joint public hearing April 15, 2021, regular meeting May 10, 2021 and the Board of Commissioners work session May 24, 2021. ISSUE OVERVIEW Background Information & Issue Summary: None Financial Impacts: None Staff Recommendations/Comments: Approve minutes as presented. 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 www.hillsboroughnc.gov | @HillsboroughGov Joint Public Hearing Minutes | 1 of 12 Minutes Remote Joint Public Hearing Planning Board and Board of Commissioners 7 p.m. April 15, 2021 Virtual meeting via YouTubeLive Town of Hillsborough YouTube channel Present Town board: Mayor Jenn Weaver and commissioners Mark Bell, Kathleen Ferguson, Matt Hughes and Evelyn Lloyd Planning Board: Chair Chris Johnston, Vice Chair Jenn Sykes, Christopher Austin, Frank Casadonte, Oliver Child-Lanning, Lisa Frazier, Alyse Polly, Jeff Scott, Scott Taylor and Toby Vandemark Absent: Board of Commissioners: Robb English Early exit: Kathleen Ferguson (8:02 p.m.) Staff: Planning Director Margaret Hauth and Town Attorney Brady Herman 1. Call to order and confirmation of quorum Mayor Jenn Weaver called the meeting to order at 7:09 p.m. Planning Director Margaret Hauth called the roll and confirmed the presence of a quorum, noting that Commissioner Matt Hughes had not yet arrived. Weaver turned the meeting over to Planning Board Chair Chris Johnston. 2. Agenda changes and approval There were no changes. The agenda stood as presented. Hughes arrived at 7:11 p.m. Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Planning Board Vice Chair Jenn Sykes seconded. Hauth called the roll for voting. Vote: 13-0. Ayes: Commissioners Mark Bell, Ferguson, Hughes and Evelyn Lloyd; Planning Board members Christopher Austin, Frank Casadonte, Lisa Frazier, Johnston, Alyse Polly, Hooper Schultz, Jeff Scott, Sykes and Scott Taylor. Nays: None. 3. Open the public hearing Johnston introduced the public hearing. The hearing was opened without a vote. 4. Text amendments to the Unified Development Ordinance A. Section 5.2.9.2 to remove requirement for public road access for accessory dwellings within a principal residential structure and Section 6.3.1 to decrease setbacks from 50 feet to 30 feet in the Agricultural Residential district. Joint Public Hearing Minutes | 2 of 12 Johnston introduced Item 4A, noting that citizen Samantha Johnson has requested the text amendment. Johnson arrived at 7:13 p.m. Hauth summarized Johnson’s application, saying the request comprises two parts. Haugh summarized the request’s first part: The applicant requests that the ordinance allow accessory dwelling units to be developed on parcels that only have access from a private road. Hauth said Johnson has acquired property with access from a private road and wants to construct an accessory dwelling attached to the existing house. Hauth summarized the current text of the ordinance, which states an accessory dwelling unit may be located within a single-family dwelling if the lot has direct access to a public street. Hauth noted that the same limitation exists for accessory dwellings in separate buildings and that the limitation on access has been in place for more than 30 years. She also noted that for the past few years the town has been loosening restrictions on accessory dwellings based on requests. Hauth summarized the request’s second part: The applicant requests a reduction in setbacks in Agricultural- Residential zoning districts to improve flexibility. Hauth said the minimum setbacks in Agricultural-Residential districts are 50 feet on the side, rear and front, which is wider than in other residential districts. She said about 21% of the town’s jurisdiction is zoned Agricultural-Residential, but added that most properties in that district are large landholdings unlikely to change their development patterns without rezoning. She said the most likely area to be impacted is about 150 acres zoned Agricultural-Residential inside the town limits. She said a setback reduction would align the Agricultural-Residential setbacks more closely to setbacks in the Residential-40 district, a district that is very similar. Hauth noted these changes would apply across the Agricultural-Residential district, adding there is no way to grant a reduction to just the applicant’s property. Regarding the request’s first part, Johnson explained that she had acquired property on a gravel road and wants to build an accessory unit so that her father can live with her and her family. Regarding the request’s second part, Johnson said that although most residential areas require a minimum 30-foot setback, her property happens to be zoned Agricultural-Residential although there is no agricultural on the property or surrounding properties. She said requesting the ordinance changes seemed easier than requesting a rezoning, which also would affect her neighbors. Regarding the request’s first part, Ferguson noted that Hauth had suggested amending the ordinance by removing the requirement that the lot be on a public road. Ferguson asked amending the ordinance to require a lot have access via a public road or a private road also would be a viable solution. Hauth said she would prefer removing the requirement altogether, because specifying both road types would imply there is some third alternative for access. Hauth asked Town Attorney Brady Herman if he had an opinion. Herman said either alternative would work. Sykes asked Hauth if there is a way to address the fact that some private roads in town are in poor condition. She noted a previous Board of Adjustment meeting regarding development along a private road that resulted in traffic and safety issues. Hauth said a few of the town’s private roads existed before the town developed private road standards. Hauth noted that most of the town’s private roads are new and must meet current development standards. Hauth added that private roads are a private issue, with residents on those roads responsible for maintaining ingress and egress; she said it is difficult for the town to insert itself very much into such a situation. Weaver noted a similar setback request several months ago regarding a different zoning district. She asked if it is possible or makes sense to have a broader conversation about setbacks. Hauth also recalled the conversation to which Weaver referred and said it had been specific to the setbacks for unattached accessory Joint Public Hearing Minutes | 3 of 12 dwelling units. Hauth said rezoning would not have solved that person’s issue, but staff had provided possible next steps to that person – similar to those steps pursued by Johnson tonight – which that person had not chosen to pursue. Hauth said a broader conversation about setbacks is possible, though perhaps not at a public hearing. Hughes said he is not in favor of eliminating the requirement for public road access for accessory dwelling units. He noted that postal carriers, school busses and emergency vehicles might not be able to fit down private roads. He said he does not think it is in the town’s best interest to remove the requirement that accessory dwelling units have guaranteed access to those three basic services. He said he is not opposed to reducing the setbacks from 50 feet to 30 feet in Agricultural-Residential districts. Johnson acknowledged that her requests would change the requirements across the town’s Agricultural- Residential districts, but she noted houses already have been developed along her specific road. Hughes said he could understand that this solution could be feasible in Johnson’s specific situation, but he noted that the boards are enacting town-wide policies. Regarding the setback reduction request, Polly said she understood the applicant is requesting setbacks be reduced to 30 feet on all sides for Agricultural-Residential districts. She said she understood the boards are considering bringing Agricultural-Residential setbacks in line with Residential-40 setbacks, and she noted that Residential-40 setbacks are 30 feet in the side and rear but 40 feet in the front. Polly asked for clarity around which numbers are correct. Hauth said the applicant is not necessarily trying to align her setbacks with those in Residential-40, but that Hauth had simply noted the two are very similar. Hauth said the applicant’s particular interest is in the side and rear setbacks rather than the front, but she said it seemed cleaner and easier to request 30 feet on all sides because the Agricultural-Residential district currently requires the same distance on all sides. Johnson confirmed Hauth is correct. Casadonte asked if it is possible to grant the applicant a variance rather than change the requirements for the entire Agricultural-Residential district. Hauth explained that the applicant does not qualify for a variance. Hauth briefly outlined the state law’s requirements for variances. Hauth said staff would have proposed an easier solution to the applicant’s requests if an easier solution existed. When asked, Hauth confirmed that the requested changes would apply to all Agricultural-Residential districts in town. When asked, Hauth confirmed no other tools exist to grant the applicant’s requests. Hauth confirmed the two parts of the applicant’s request could be considered separately. Johnston asked if the applicant could apply for rezoning, noting that also is a substantial request. Hauth agreed and added that such a rezoning request would be inconsistent with the town’s Future Land Use Plan. Scott noted that larger emergency vehicles are not always able to access dwellings on private roads. He asked if anything in the town’s code would be at odds with the requested amendment. Hauth said if the text amendment is approved it is possible an accessory dwelling could trigger an issue under the fire code regarding turnaround clearance. Hauth said such a technical violation is conceivable, but she is not sure it would be captured in the permitting process, noting that the fire marshal does not look at residential development. She noted the fire code is not user-friendly and is difficult to integrate into traditional planning and zoning situations. Casadonte asked whether the fire marshal would already have taken the road into account in the applicant’s particular case, as the road is developed already. Hauth said that is not necessarily the case, as the applicant’s road is one of the town’s older private roads. Hauth noted the applicant’s road is in excellent condition and Joint Public Hearing Minutes | 4 of 12 has been maintained very well, but it has more than the four houses that the town currently allows on new private roads, possibly making the road problematic for the fire code. Hauth added the applicant’s house is very close to the entrance to the public road, which may be a mitigating factor. Haugh said she could see how a circumstance could develop on an old or new private road where an additional accessory dwelling unit could exceed the fire code’s limit on number or spacing of dwellings. When asked, Hauth confirmed that the applicant’s road had been grandfathered in and, were it a new private road today, would not be allowed to have as many houses on it as currently exist there. Hughes asked why sufficient turnaround space on a private road could be overlooked regarding fire code but not trash pickup. Hauth said trash pickup trucks do not go down private roads. When asked, Hauth said that new private roads are required to have road maintenance agreements, which often are accomplished via homeowners’ associations. She added private road residents are welcome to bring their trash bins to the public road for pickup. Hughes said he sees the request as a potentially significant policy change regarding accessory dwelling units and private roads, and he is concerned that such a change be equitable. When asked, Hauth said the town does not have a way to ensure all private roads stay well-maintained, adding that in such situations it is the residents’ responsibility to self-police and ensure they are safe and well protected, although the town does due diligence by requiring the road maintenance agreement. She said private road construction standards include minimum travel width and gravel depth but are not nearly as elaborate as the standards for public paved roads. Sykes noted that newer townhouse developments are very different from some older private developments. Hughes noted that private roads might meet standards when first constructed but could fall into disrepair; he expressed concern that the town would still be required to provide emergency services to out-of-repair roads, which might damage town equipment. He wondered if private roads could be held to maintenance standards in perpetuity. He noted that some subdivisions have begun requesting more services, even though when built their developers understood the roads would be maintained privately. Hauth said she believes Hughes to be speaking more about townhome neighborhoods, which will always have a homeowners’ association and are required to build their private roads to state Department of Transportation standards. Hauth said she does not think the town has any recourse if a neighborhood is not maintaining its private roads. Hughes noted townhome neighborhoods often have private trash services. Johnston clarified that the discussion at hand deals not with fixing the town’s existing issues regarding services and access for dwellings on private roads, but instead with whether to allow more density on those private roads via accessible dwelling units. Hughes asked whether Town Attorney Bob Hornik had been consulted about the two requested changes. Hauth noted that Herman is substituting for Hornik at tonight’s meeting. Herman said the boards are discussing the relevant issues, particularly as the requested changes would impact all properties in the Agricultural-Residential districts. Herman said he did not have any relevant case law on hand but offered to further research specific questions. Johnson noted that the residents of the private road are not requesting new services, as they already receive certain services. Johnston said he thinks Hughes’ concern is that allowing additional dwellings could create additional pressure on town resources. Hughes clarified he also is concerned about equitable school bus and trash pickup access. Motion: Sykes moved to close the public hearing for Item 4A. Ferguson seconded. Hauth called the roll for voting. Joint Public Hearing Minutes | 5 of 12 Vote: 13-0. Ayes: Commissioners Bell, Ferguson, Hughes and Lloyd; Planning Board members Austin, Casadonte, Frazier, Johnston, Polly, Schultz, Scott, Sykes and Taylor. Nays: None. Hauth noted the text amendments would be discussed at the May 2021 Planning Board meeting. B. Section 7.5 to no longer require the combination of undeveloped contiguous non-conforming lots Johnston introduced Item 4B and requested that he be recused from this item. Motion: Sykes moved to allow Johnston to recuse himself from public hearing Item 4B. Hughes seconded. Hauth called the roll for voting. Vote: 12-0. Ayes: Commissioners Bell, Ferguson, Hughes and Lloyd; Planning Board members Austin, Casadonte, Frazier, Polly, Schultz, Scott, Sykes and Taylor. Nays: None. Hauth summarized Item 4B. She explained Section 7.5 of the Unified Development Ordinance requires adjacent non-conforming lots owned by the same property owner to be recombined into conforming lots before the properties can be developed. She said the town has a policy of reducing non-conformities. She gave a brief history of the requirement and noted the recombination requirement is common in zoning ordinances. Hauth said Hillsborough also has accommodated nonconforming lots in the ordinance for many years but still maintains the recombination requirement. She outlined several of the current accommodations. Hauth outlined the requested text amendment, noting that it limited the recombination requirement to lots narrower than 40 feet, rather than all nonconforming lots. She said the impact of the change would be limited to roughly two dozen lots throughout town. Hauth said requirements for water and sewer connections would still apply, which would limit the possibility of undevelopable lots being created. She noted that the amendment would consolidate exceptions in the ordinance, streamlining the requirements and exceptions. Hauth added that the reduced setback provisions will be discussed in the next quarterly hearing to address a recent Board of Adjustment interpretation. Hauth introduced Richard Turlington of Habitat for Humanity of Orange County, which has requested the text amendment. Turlington said Habitat owns five non-conforming lots on Homemont Street that they hope to recombine into four lots of equal size, noting that the resulting four lots would not be large enough to meet that location’s zoning requirements. Hughes asked Hauth what unintended consequences might result from such a change to the ordinance. He expressed concern about enacting town-wide change. He expressed concern that commercial developers could use the amended ordinance as a bypass. Hauth said the areas where there are many lots that the change would apply to all are outside town limits and lack utility connections, thus limiting their developability. Hughes asked whether a legislative change is warranted, as it would affect only two dozen lots. He wondered if there is another mechanism that could solve the applicant’s issue. Hauth said she is not aware of another tool that the applicant could use. She added the amendment would further goals she believes the boards support, such as encouraging development in the existing town core on smaller lot sizes and encouraging diversity of lot sizes. Hauth noted many localities do not have a recombination ordinance. Ferguson left at 8:02 p.m. Joint Public Hearing Minutes | 6 of 12 Sykes said she had heard a rumor several years ago about a person who owned a number of adjacent rental houses that were street-facing and non-conforming. Sykes said the rumor was that this person hoped to demolish the houses and recombine the lots in order to build a higher density multi-unit development. Sykes asked whether the proposed text amendment would allow such a scenario. She asked whether a previously developed lot could be considered an undeveloped lot. Hauth clarified the text amendment would apply to undeveloped lots; she said the ordinance could specify whether demolition constitutes an undeveloped lot. Sykes expressed concern that owners of adjacent non-conforming lots might demolish current structures and take advantage of the amended ordinance to build a bigger house or a higher density development. Hauth said Sykes’ scenario implies there are lots with houses straddling the lot lines, and she said she is not aware of that circumstance existing anywhere in town. Hauth said she does not see how a property owner would benefit. Sykes said she is thinking about lots in west Hillsborough; when asked, she confirmed the rumor had been about several lots on Murray Street. Hauth clarified that situation had involved five houses on one lot, and the owner had used the ordinance language to create five non-conforming lots rather than tear down the houses to create compliant lots. Sykes said several lots on Allen Ruffin Street had been owned by the same developer and sold around the same time. Hauth said she struggles to see how someone would benefit from tearing down houses to use the proposed language, if the language specifies that demolition does not create an undeveloped lot. Hauth said the ordinance contains provisions clarifying that demolition does not allow a property owner to take advantage of various provisions. Motion: Casadonte moved to close the public hearing for Item 4B. Schultz seconded. Hauth called the roll for voting. Vote: 12-0. Ayes: Commissioners Bell, Hughes and Lloyd; Planning Board members Austin, Casadonte, Frazier, Johnston, Polly, Schultz, Scott, Sykes and Taylor. Nays: None. C. Sections 5.1.6 and 5.1.7 to classify all uses as permitted by right or requiring Special Use Permit Johnston introduced Item 4C. Hauth explained that Item 4C relates to recent state law N.C.G.S. 160D, which requires localities to stop using the term “conditional use permit” and transition to “special use permit.” She noted that staff took the opportunity to look closely at all permitted uses and better align their impacts with the review process. Hauth shared a spreadsheet of the town’s table of permitted uses, available in the agenda packet, which outlines whether particular uses are permitted by right or by special use permit in each zoning district. Hauth noted that items shaded gray are subject to potential change while items in white boxes remain unchanged. Hauth spoke briefly about each of the proposed changes. When asked, she said that when a use is requested that is not mentioned in the table of uses, staff is required to interpret what use best fits the situation. Motion: Sykes moved to close the public hearing for Item 4C. Schultz seconded. Hauth called the roll for voting. Vote: 12-0. Ayes: Commissioners Bell, Hughes and Lloyd; Planning Board members Austin, Casadonte, Frazier, Johnston, Polly, Schultz, Scott, Sykes and Taylor. Nays: None. D. Section 3.8 to assign review of Special Use Permits to the Board of Adjustment and Section 3.9 to remove the Conditional Use Permit process Joint Public Hearing Minutes | 7 of 12 Johnston introduced Item 4D. Hauth explained that state law N.C.G.S. 160D requires the town to reconfigure its special use zoning and permitting process, noting that special use permits are being separated from the rezoning process. She said the boards now must decide who will review special use permits. She said the review would be a quasi-judicial or evidentiary process involving sworn testimony. Hauth said the Board of Adjustment regularly uses quasi-judicial procedures, while the Planning Board and Board of Commissioners often use legislative procedures. Hauth said staff proposes assigning review of special use permits to the Board of Adjustment. She noted that the Board of Adjustment meets monthly, so review could move more quickly than it does under the current quarterly meeting system. Hauth said the review would still be just as detailed while spreading out the work. She noted the Board of Adjustment is very familiar with the evidentiary process. She added the change would free up the Planning Board and Board of Commissioners to focus on policy issues and other projects. Hauth pointed out that currently the ordinance requires special use permit applicants to submit information about policy interests of the elected board to create a discussion opportunity, including information about cultural resources, affordable housing, water use and green building techniques. She said that such policy- oriented information would not be useful to the Board of Adjustments, as policy discussions are not within their authority. Hauth said that, in retrospect, it may have been better to rename the conditional use permit process to special use permit and then delete the current special use permit section. Hauth asked the boards to consider whether the proposed change is acceptable, or whether it is unacceptable and staff needs to find a way for the Planning Board and Board of Commissioners to review policy issues on special use permit projects. Sykes noted that quasi-judicial proceedings include an opportunity for discussing how a project impacts public welfare. She said she would defer to a lawyer but said she thinks the Board of Adjustment might address some of the policy issues through the public welfare component. She noted the issues would not need to be highlighted specifically. Hauth said the policy information could still be requested, but she said the Board of Adjustment members may not feel empowered to use that information effectively because their role is to apply the ordinance. Sykes said she expects the public welfare component to be used more flexibly, especially with infill and mixed-use projects. When asked, Herman said he thinks the four policy items could fall under a discussion of the public welfare. He noted that most of the ordinances he has seen regarding special or conditional use permits do not require information about such policy items. He noted that typically the Board of Adjustments makes decisions based on evidence and facts. Sykes said continuing to require the information about the four policy items could help emphasize what the town’s values are regarding general public welfare. She said she thinks applicants should be encouraged to keep the town values in mind, perhaps through a charter or some other mechanism if not through the ordinance. Hughes asked whether the Board of Adjustment members have had a chance to give their opinions on the proposed change. Sykes said the Board of Adjustment discussed the subject at their most recent meeting the night before. Sykes said there were not many comments and no one was opposed or expressed strong opinions. Sykes noted the Board of Adjustment is a smaller board requiring only four people for a vote, and she said the current board members tend to be more conciliatory. She expressed concern that only four Joint Public Hearing Minutes | 8 of 12 people are required to make a decision, versus the nine or 10 people required for decisions at a joint public hearing. Sykes also noted Board of Adjustment decisions are final and do not pass to the town board. Johnston said he agrees with Hauth that it would be a good idea to try the proposed change and see how it goes, but he expressed concern with speeding up the review process too much, noting with Sykes that Board of Adjustment decisions are final. He said speed is not always the best thing, for both the town and the developer, noting that opportunities for public input where the applicant must talk with neighbors often yield different outcomes. He expressed concern that sending special use permit applications to the Board of Adjustments could limit public input. Sykes noted a point raised by Senior Planner Tom King at the previous night’s Board of Adjustment meeting that the notification criteria is different in certain places of the ordinance, noting adjacent properties would still be notified but property owners within 500 feet would no longer be notified. She said another change is that only people who received written notice would be able to testify at a quasi-judicial hearing. She asked for clarification about the notifications, expressing concern that people might not know about development projects and might not know they can speak. Hauth said the only notification radius changing is the notice for a variance. She said notices for a rezoning or a special use permit would still be sent to people within 500 feet of the property. She said variances usually are very specific and have the most impact on people who are directly adjacent to the property. Weaver said she thinks it is worth trying the proposed change. She said the three types of projects on which the town board still would have final say – infill projects, mixed-use projects, and residential projects with a variety of housing types or that want a smaller lot size – have been the sort of development projects that receive the most public comment and have led to some of the more challenging decisions. She said she would not want to put the weight of responsibility for those sorts of projects on the Board of Adjustments, because she thinks the elected body should still have final say on those kinds of projects. Weaver added that local zoning practices recently have been getting more attention from state legislators, who might be interested in removing some local zoning authority. She said she trusts staff has thought through the proposed changes and she thinks the proposed changes are worth trying. Bell concurred with Weaver’s summary. He said he thinks the recommendations are reasonable and he is in favor of trying them out. He said he is in favor of the town board retaining review of infill projects, mixed-use projects, and residential projects with a variety of housing types or that want a smaller lot size. When asked, Hauth confirmed that special use permits would be solely the Board of Adjustment’s responsibility and that the Board of Adjustment would both conduct special use permit hearings and make the final decisions. Bell asked how an appeal to such a final decision would be handled. Hauth said appeals to Board of Adjustment decisions would go to court. Bell said he is not in favor of the Board of Adjustment being the final arbiter in such cases. Lloyd agreed. Sykes noted that rezoning applications still would be heard by the Planning Board and the town board and that a rezoning application does not have to specify a particular planned use. Sykes said a situation could arise in which rezoning is granted and then a controversial issue arises that is heard by the Board of Adjustment. She asked how members of the two boards would feel about such a situation, in which they might review the rezoning application but not the final application, which would be heard by the Board of Adjustment. Hauth concurred and encouraged the boards to pay close attention to the revisions underway to the table of permitted uses, which outlines all uses permitted by right and all uses requiring a special use permit. She confirmed that if the proposed changes are enacted the Planning Board and town board would no longer hear the final applications for special use permits. Joint Public Hearing Minutes | 9 of 12 Hughes said that when he served on the Orange County Board of Adjustment that board had heard some controversial topics. He said he is okay with giving more authority over potentially controversial topics to the town Board of Adjustment. He noted the Board of Adjustment is inherently a quasi-judicial body. He said as members of the appointing body, the town board ought to pay close attention to members it appoints to serve on the Board of Adjustment. Hughes said he thinks it is important that a variety of opinions and perspectives are represented. He noted that state law also would allow the town board to function as a Board of Adjustment but the town board had decided not to function in that way. Hughes said he thinks giving more authority to the Board of Adjustment would be good for the governance of the town. Casadonte appreciated that the Board of Adjustment meets 12 times a year. He recalled Weaver’s comment that state legislators might be interested in curtailing local zoning authority. He wondered if there is a connection between the two points, and whether the current review process is too intense. He said he assumes there are only a small number of applicants who might try to manipulate the system. He said he is comfortable with the Board of Adjustments assuming review of special use permits if that process expedites the review process. He noted that the boards could change the process again if the new process did not work well. He observed that the proposed changes would allow the Planning Board and town board to focus their energies on policy-level decisions. Sykes and Bell confirmed that the town board would retain authority over which board hears special use permits. Bell pointed out that two town commissioners, English and Ferguson, are missing from tonight’s discussion. He said he hopes there will be another round of conversation about the proposed changes with the full board present. When asked, Hauth said the boards could decide to leave tonight’s public hearing open until July’s joint public hearing or until a special meeting of the two boards could be convened. Hauth noted that if the boards wait until July the town would not meet the state’s deadline for compliance with N.C.G.S. 160D. Hauth said she and Hornik had discussed that there is no penalty for noncompliance, though ideally the town should come as close to compliance as possible by the deadline. Weaver noted that the town board will have the chance to discuss the changes in an upcoming Board of Commissioners meeting. Hughes said he does not think flouting state law sets a good standard for the boards. He said he would prefer the town meet the state’s 160D compliance deadline as a way of being good legislative partners with state lawmakers. He agreed with Weaver that the town board would have an opportunity to make adjustments before final adoption of the proposed changes, noting that would give English and Ferguson a chance to discuss the changes. Sykes and Hauth discussed the fact that the Board of Adjustment will meet again before Planning Board meets again and before the town board votes on the changes. Sykes said the boards could request feedback from the Board of Adjustment. Hauth confirmed the town board could consider written comments any time up until a vote is taken even after the public hearing closes, because the process is legislative. Sykes asked Hauth when staff might have more information and clarity regarding the three proposed conditional zoning districts. Hauth said the Planning Board members could begin that conversation at their May meeting and said she is happy to receive feedback tonight. Hauth asked whether the boards would like to leave tonight’s public hearing open. Sykes said she thinks it is appropriate to close the public hearing on Item 4D because additional feedback can be received up until the town board votes. Motion: Sykes moved to close the public hearing for Item 4D. Schultz seconded. Joint Public Hearing Minutes | 10 of 12 Hauth called the roll for voting. Vote: 12-0. Ayes: Commissioners Bell, Hughes and Lloyd; Planning Board members Austin, Casadonte, Frazier, Johnston, Polly, Schultz, Scott, Sykes and Taylor. Nays: None. E. Entire Unified Development Ordinance to comply with N.C.G.S. 160D. All hearings classified as legislative, evidentiary or administrative Johnston introduced Item 4E. Hauth summarized the proposed changes, noting the changes fall into three general categories: substantive changes, terminology changes and copy editing corrections. Hauth briefly outlined the proposed substantive changes. She said the updated ordinance language would: include detailed conflict of interest requirements for the town board, appointed boards and staff; require regular review of the representation for boards with in-town and extraterritorial jurisdiction representatives; provide clarity on enforcement procedures; discontinue special use zoning; send appeals of Historic District Commission decisions to court rather than the Board of Adjustment; allow an applicant whose application is under review while the relevant ordinance is under review to choose which version of the ordinance under their application is reviewed; require notifications of variances be sent to adjoining neighbors only rather than neighbors within 500 feet; and allow staff to approve subdivisions of up to 19 lots. Hauth said she would welcome a discussion about whether staff might be allowed to approve subdivisions of up to 30 lots, due to the fact that some fire code provisions apply to subdivisions of 30 or more lots, but she said that conversation could happen at a later meeting. Hauth said the terminology changes would exchange one term for another and would help improve the ordinance’s clarity and consistency. She outlined some of the changes, including: the ordinance would no longer refer to conditional use permits but instead refer to special use permits; hearings would be categorized as evidentiary, legislative or administrative; and changing all references to N.C.G.S. 160A to N.C.G.S. 160D. Hauth also outlined several additions to the ordinance to include items the town already was requiring, including: requiring an oath of office for appointed board members; requiring meeting minutes be maintained in perpetuity, requiring notices be sent regarding rezoning and requiring the Planning Board to comment on rezoning and text changes. Hauth noted that staff proposed copy editing changes, which would standardize capitalization, hyphenation, numbering and formatting of outlines and lists. Hughes said he appreciated the changes regarding conflicts of interest and oaths of office. He said he has been working to include conflict of interest and ethics provisions into town ordinances, as he believes it is important for public trust to require anyone who can affect home values should to take an oath and declare conflicts of interest. He said he thinks it makes sense to send Historic District Commission appeals to court as proposed, as that would remove a step from the process and reduce expense to applicants; he appreciated that the change would reduce the Board of Adjustment’s workload in one area, as the Board of Adjustment potentially could receive more work in the form of reviewing special use permits. Hughes added that he would support allowing staff to approve subdivisions of up to 30 lots. Sykes suggested the ordinance text might be updated to clarify that staff are allowed but not required to approve subdivisions of up to 19 lots. She asked how staff would decide whether to review applications or have the boards review such applications. Sykes asked for clarification regarding when a development project would be considered a subdivision or part of the proposed infill district. Joint Public Hearing Minutes | 11 of 12 Hauth said the infill district does not exist yet and she could craft it using guidance from the boards. Hauth said she had envisioned the infill district being used in a situation where someone wants to develop a small amount of undeveloped land more intensely than the neighborhood’s zoning would allow. Hauth said she thought the infill district might be similar to the Residential Special Use zoning district, which allows great flexibility as long as certain criteria are met. She reminded the boards of the rezoning request on Jones Avenue, as part of which the applicant had requested a significant increase in density; Hauth said a project like that would be an infill project and the two boards would review such a project under the proposed conditional zoning district for infill projects. Hauth said the Jones Avenue applicant ultimately developed the land under the original zoning density as a standard subdivision; she said staff would be able to approve such subdivisions that are allowed by right, noting that applicants would need to meet every standard in the ordinance and that waivers no longer would be available. Sykes expressed concern that allowing staff to approve subdivisions of 5-19 lots or up to 30 lots would remove opportunities for neighbors to provide input about such projects. Hauth said many members of the public do not research zoning of properties close to them but then presume that they have a right to input in that property’s development, which often is not the case. Hauth said it is important to balance property owners’ rights with the public welfare, adding that property owners have the right to develop their land as it is zoned. Sykes agreed but expressed concern about the large amount of land about to be developed in the former Daniel Boone Village. She wondered how the proposed zoning districts might apply in that case and whether staff would approve such development plans if allowed by right or if the public and the town boards would have input into that area, which she noted has a high potential for development and change. Hauth said the Daniel Boone Village land comprises 60 acres in the High Intensity Commercial zoning district. Hauth said if the property owner presents a development application that meets the town’s ordinance, the town would have no choice but to approve the application; she said the property owner is legally entitled to the uses allowed in the High Intensity Commercial zoning district. Hauth said if the owner wants to do something on the property not allowed by right in the High Intensity Commercial district, such as significant residential development, then the town could review their plans through a rezoning process. Sykes said she is raising these points because the town board may want to consider how the public may respond to drastic changes. Hughes said Sykes’ points raise some philosophical questions that the boards will need to continue considering, such as how much power the town board and staff are willing to give up regarding what people can do by right in various zoning districts. He emphasized the board members should ensure they are okay with how the various zoning districts are set up, especially regarding what is allowed by right in each district. Hughes said he is not in favor of constant changes to the Unified Development Ordinance, as he thinks it is important residents and developers know what to expect. Hughes said he would like to commit to keeping the current proposed revisions in place for a certain amount of time before revising the ordinance again. He said he thinks a certain level of consistency and stability would help the town as it continues to develop and grow. Sykes said the boards should consider defining their evidentiary standards, though she said the ordinance may not be the right place for that definition. She said the ordinance references different evidentiary standards in different sections. She asked for clarification regarding “competent evidence” and “substantial competent evidence.” She noted those standards would constitute a change for the public. Herman said competent evidence is admissible in superior court, explaining that a witness in court could not say a project will increase traffic unless they were a traffic engineer. Herman said substantial evidence relates to how relevant the evidence is. Herman suggested those definitions could be outlined in a section on rules of procedure. Herman Joint Public Hearing Minutes | 12 of 12 said his firm or town staff could offer training sessions about such legal points to the Board of Adjustment. Hauth said Sykes was referring to the public’s understanding of the evidentiary standards; she said staff has discussed creating handouts or videos or posting information on the town website to help guide members of the public through town hearings and procedures. Sykes noted she had found the language in the ordinance that she referenced during the discussion about Item 4D regarding ways the Board of Adjustment could protect the public’s general welfare. Sykes noted the language is at the top of page 53 of the agenda packet. Polly asked for clarification regarding the regular review of the town boards’ representation. Polly said the updated language references the Board of Adjustment and the Planning Board; she asked if it also would apply to the Board of Commissioners. Hauth clarified that the Board of Commissioners comprises only elected members who live in town, not within the extraterritorial jurisdiction. Hauth said a few members of the Planning Board and of the Board of Adjustment represent the town’s extraterritorial jurisdiction, and those members are appointed by the county commissioners. She said the intent of those seats is to give voice to the extraterritorial jurisdiction residents, and the intent is that their representation be roughly equal to in-town representation. Polly wondered if the ordinance should include language regarding representation of specific demographics. Hauth said the town has a policy of encouraging diversity on town boards; she said it might be risky to write such a requirement into the ordinance because town board members are volunteers. Hauth added that Orange County is developing an equity plan for the county, and she said she expects more tools to become available to help address systemic issues relating to lack of diverse representation. Sykes referenced page 230 of the agenda packet and asked whether an allowance due to undue economic hardship is only available from the Historic District Commission, saying she would like to expand that option to other boards. Hauth said undue economic hardship is only applicable to a prevention of demolition by neglect claim in the Historic District. Hauth and Herman said state law mandates that is the only instance in which the town legally can take undue economic hardship into account. Hauth outlined the circumstances under which such an allowance could be granted. Motion: Sykes moved to close the public hearing for Item 4E. Hughes seconded. Hauth called the roll for voting. Vote: 12-0. Ayes: Commissioners Bell, Hughes and Lloyd; Planning Board members Austin, Casadonte, Frazier, Johnston, Polly, Schultz, Scott, Sykes and Taylor. Nays: None. 5. Adjournment Motion: Hughes moved to adjourn at 9:44 p.m. Respectfully submitted, Margaret A. Hauth Planning Director Secretary to the Planning Board Approved Month X, 202X Minutes Board of Commissioners Remote regular meeting 7 p.m. May 10, 2021 Virtual meeting via YouTube Live Town of Hillsborough YouTube channel Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: Interim Human Resources Director Haley Bizzell, Budget Director Emily Bradford, Economic Development Planner Shannan Campbell, 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, 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 There were no changes. Motion: Commissioner Mark Bell moved to approve the agenda as presented. Commissioner Evelyn Lloyd seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Commissioners Bell, Robb English, Kathleen Ferguson, Matt Hughes and Lloyd. Nays: None. 4. Presentations A. Annual Report from the Partnership to End Homelessness Corey Root, manager of the Orange County Partnership to End Homelessness, gave a brief presentation on the activities and accomplishments of the Partnership to End Homelessness in 2020. She noted the organization added several new services that happened to coincide with the onset of the pandemic. New services included a housing helpline, a housing access coordinator who works with landlords to make units available, short-term rental assistance, and direct outreach to people living unsheltered. The partnership May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 19 DRAFT housed 87 households in 2020, which is more than in previous years. A decrease in chronic homelessness was observed. B. January-March 2021 Quarterly Economic Development and Tourism Report Economic Development Planner Shannan Campbell reported on economic development and tourism activities for January through March 2021. She said people have been calling to ask about the availability of space for businesses. The industries that have been looking have mostly been restaurants and breweries, retail, light manufacturing and commercial service businesses. She reported that local hospitality businesses are having trouble recruiting employees. She noted that tourism marketing efforts have shifted from “Find your calm in Hillsborough.” to “The getaway you’ve been waiting for.” Campbell also noted that the Hillsborough Arts Council launched a small Last Fridays in March, which was expanded in April, and will be larger in May. 5. Items for decision ― consent agenda A. Minutes 1. Regular meeting April 12, 2021 2. Work session April 26, 2021 B. Miscellaneous budget amendments and transfers C. Miscellaneous Tourism Board budget amendments and transfers D. HOME Annual Action Plan and Program Activities for Fiscal Year 2022 E. Agreement with Orange County for fire inspection services F. Town code amendment to update parking restrictions, speed limits, and stop sign locations G. Town code amendments to align more closely with Orange County fire code provisions H. Acceptance of Waterstone Medical Office Building Sewer Extension I. Acceptance of Daphine Drive Water & Sewer Extensions J. Resolution appointing town manager as finance officer and designating bank depository signatories K. Proposed contract for preparation of annual financial statements and non-attest services for the Fiscal Year ending June 30, 2021 L. Memorandum of Understanding with Triangle Off Road Cycles for multi-use trails in Cates Creek Park M. Proclamation in support of Police Week and Peace Officers Memorial Day N. Resolution authorizing contract with Orange County for Community Development Block Grant-Coronavirus Grant administration O. Resolution authorizing land exchange with Orange Rural Fire Department Motion: Ferguson moved to approve all items on the consent agenda. English 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. Request for light shield at 305 W. Queen St. The board received an update that a streetlight with a narrower light footprint will be piloted by Duke Energy on a portion of West Queen and North Hasell streets involving approximately eight fixtures. Staff will bring a shield policy back to the board after the pilot and after the replacement of all the recently upgraded fixtures. The policy may require requesting families to contribute to the shield cost. The requested shield at 305 W. Queen St. may be installed, if requested by the family, after the pilot fixtures are installed with no further board action. May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 19 DRAFT B. Request for public hearing to close Cole Avenue – unopened right of way on south side of West Margaret Lane The board voted to hold a public hearing on June 14, 2021, about closing Cole Avenue, an unopened right of way on the south side of West Margaret Lane. An adjacent property owner requested the closure. Motion: Hughes moved to authorize a public hearing for the June 14 regular meeting. Ferguson seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. C. Stormwater request – 206 and 218 E. Queen St. The board discussed stormwater runoff at 202 and 206 E. Queen St. The property owner has requested town assistance in resolving stormwater drainage that runs through the property. The property owner pointed out the town would gain tax revenue by fixing the stormwater issue so that a house could be built on each parcel. No decisions were made. D. Fiscal Year 2022 Budget Update The board received the Fiscal Year 2022 budget schedule. The schedule is as follows: • May 24 — Budget presentation • June 7 — Budget workshop • June 14 — Budget public hearing and second budget workshop (if needed) • June 28 — Budget adoption (tentative) E. Budget amendment request to purchase police training simulator Police Chief Duane Hampton presented the need for a police training simulator and recommended the purchase be made with budgeted salary funds left over at the end of this fiscal year. Hampton said the simulator, which is a virtual reality system, would provide regular training opportunities and would give officers interactive training during which they could practice de-escalating a situation. The simulator costs $68,250 once and $1,300 annually for servicing. Motion: Ferguson moved to approve purchase with maintenance package. Hughes seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 7. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager Town Manager Eric Peterson noted that Assistant Town Manager/Planning Director Margaret Hauth has been employed by the Town of Hillsborough for 30 years. C. Staff (written reports in agenda packet) There were no oral reports. May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 19 DRAFT 8. Adjournment Motion: Ferguson moved to adjourn at 9:29 p.m. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Respectfully submitted, Sarah Kimrey Interim Town Clerk Staff support to the Board of Commissioners May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 19 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 05/10/2021 TO 05/10/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-4200-5300-080 TRAINING/CONF./CONV. 05/10/2021 28,645.00 -778.00To cover yr-end overage & logo conversio 20699 27,238.00EBRADFORD 05/10/2021 28,645.00 -150.00To cover ADA transition plan training 20700 27,088.00JDELLAVALL 10-10-4200-5300-458 DATA PROCESSING SERVICES 05/10/2021 7,511.00 18.00To cover logo conversion for use in MS &20698 7,601.00EBRADFORD 10-10-4200-5300-474 RECRUITMENT 05/10/2021 2,500.00 90.00To cover recruitment ad 20711 3,305.00EBRADFORD 10-10-4200-5300-530 DUES & SUBSCRIPTIONS 05/10/2021 6,713.00 -90.00To cover recruitment ad 20712 7,543.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 05/10/2021 9,053.00 760.00To cover yr-end overage 20697 7,448.00EBRADFORD 10-10-4400-5100-020 SALARIES 05/10/2021 329,568.00 -25,000.00To cover interim Finance Director contrac 20703 304,339.00EBRADFORD 10-10-4400-5300-459 C.S./ACCOUNTING ASSISTANCE 05/10/2021 1,000.00 25,000.00To cover interim Finance Director contrac 20702 26,000.00EBRADFORD 10-10-6300-5300-080 TRAINING/CONF./CONV. 05/10/2021 0.00 150.00To cover ADA transition plan training 20701 1,550.00JDELLAVALL 10-10-6300-5300-155 MAINTENANCE - PARKS 05/10/2021 54,600.00 -4,000.00To cover shrub removal at Old Town Cem 20704 25,646.00EBRADFORD 10-10-6300-5300-156 MAINTENANCE - TREES 05/10/2021 16,200.00 4,000.00To cover shrub removal at Old Town Cem 20705 28,200.00EBRADFORD 10-20-5100-5100-020 SALARIES 05/10/2021 362,138.00 25,000.00To cover yr-end balancing 20713 387,138.00EBRADFORD 10-20-5100-5125-060 HOSPITALIZATION 05/10/2021 67,330.00 -9,000.00To cover yr-end balancing 20714 58,330.00EBRADFORD 10-20-5100-5125-061 LIFE INSURANCE 05/10/2021 2,223.00 200.00To cover yr-end balancing 20715 2,423.00EBRADFORD 10-20-5100-5127-071 401(K) RETIREMENT SUPP. 05/10/2021 18,132.00 2,500.00To cover yr-end balancing 20716 20,632.00EBRADFORD 10-20-5100-5127-075 SEPARATION ALLOWANCE 05/10/2021 22,786.00 6,500.00To cover yr-end balancing 20717 29,286.00EBRADFORD 10-20-5100-5300-145 MAINTENANCE - BUILDINGS 05/10/2021 22,383.00 10,000.00To cover PD Annex repairs 20737 76,288.00EBRADFORD 10-20-5110-5100-020 SALARIES 05/10/2021 1,081,188.00 25,000.00To cover yr-end balancing 20718 1,105,502.00EBRADFORD 10-20-5110-5125-060 HOSPITALIZATION 05/10/2021 193,451.00 -25,000.00To cover yr-end balancing 20719 168,451.00EBRADFORD 10-20-5110-5127-070 RETIREMENT 05/10/2021 119,054.00 2,000.00To cover yr-end balancing 20720 121,054.00EBRADFORD 10-20-5110-5127-071 401(K) RETIREMENT SUPP. 05/10/2021 54,914.00 5,000.00To cover yr-end balancing 20721 59,914.00EBRADFORD 10-20-5110-5300-330 SUPPLIES - DEPARTMENTAL 05/10/2021 15,500.00 400.00To cover vehicle lockout kits & taser supp 20725 29,729.16EBRADFORD EBRADFORD 7:20:50PM05/04/2021 fl142r03 Page 1 of 3 Administration Administration Administration Administration Administration Accounting Accounting Public Space Public Space Public Space Police- Admin. Police- Admin. Police- Admin. Police- Admin. Police- Admin. Police- Admin. Police- Patrol Police- Patrol Police- Patrol Police- Patrol Police- Patrol May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 19 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 05/10/2021 TO 05/10/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-20-5120-5100-010 OVERTIME COMPENSATION 05/10/2021 8,000.00 2,000.00To cover yr-end balancing 20722 6,200.00EBRADFORD 10-20-5120-5100-020 SALARIES 05/10/2021 466,090.00 -34,200.00To cover yr-end balancing 20723 421,890.00EBRADFORD 05/10/2021 466,090.00 -10,000.00To cover PD Annex repairs 20736 411,890.00EBRADFORD 10-20-5120-5300-158 MAINTENANCE - EQUIPMENT 05/10/2021 500.00 -400.00To cover vehicle lockout kits & taser supp 20724 100.00EBRADFORD 10-30-5550-5300-145 MAINTENANCE - BUILDINGS 05/10/2021 4,935.00 443.00To cover building maintenance supplies 20690 7,157.00EBRADFORD 10-30-5550-5300-570 MISCELLANEOUS 05/10/2021 1,000.00 -443.00To cover building maintenance supplies 20689 557.00EBRADFORD 10-60-6900-5300-475 C.S./UTILITY ANALYSIS 05/10/2021 0.00 600.00To cover yr-end overage 20708 7,622.00EBRADFORD 10-60-6900-5300-570 MISCELLANEOUS 05/10/2021 85,000.00 -600.00To cover yr-end overage 20709 170,849.00EBRADFORD 30-80-7200-5300-475 C.S./UTILITY ANALYSIS 05/10/2021 20,000.00 2,200.00To cover yr-end overage 20706 24,095.41EBRADFORD 30-80-8120-5300-130 UTILITIES 05/10/2021 82,500.00 -6,200.00To cover door repairs 20696 76,300.00EBRADFORD 05/10/2021 82,500.00 -1,607.00To cover painting handrail 20750 74,693.00JDELLAVALL 30-80-8120-5300-145 MAINTENANCE - BUILDINGS 05/10/2021 8,100.00 6,200.00To cover door repairs 20695 14,300.00EBRADFORD 05/10/2021 8,100.00 24,241.00To cover pipe gallery painting 20747 38,541.00JDELLAVALL 05/10/2021 8,100.00 17,259.00To cover painting handrail 20749 55,800.00JDELLAVALL 05/10/2021 8,100.00 1,607.00To cover painting handrail 20751 57,407.00JDELLAVALL 30-80-8120-5300-158 MAINTENANCE - EQUIPMENT 05/10/2021 79,300.00 9,000.00To replace flow transmitters 20741 154,800.00JDELLAVALL 05/10/2021 79,300.00 10,600.00To cover yard lighting repairs 20745 165,400.00JDELLAVALL 30-80-8120-5300-331 SUPPLIES - SAFETY 05/10/2021 1,000.00 3,900.00To cover cost of security camera additions 20743 4,900.00JDELLAVALL 30-80-8120-5700-741 CAPITAL - EQUIPMENT 05/10/2021 0.00 -9,000.00To replace flow transmitters 20740 56,000.00JDELLAVALL 05/10/2021 0.00 -3,900.00To cover cost of security camera additions 20742 52,100.00JDELLAVALL 05/10/2021 0.00 -10,600.00To cover yard lighting repairs 20744 41,500.00JDELLAVALL 05/10/2021 0.00 -24,241.00To cover pipe gallery painting 20746 17,259.00JDELLAVALL 05/10/2021 0.00 -17,259.00To cover painting handrail 20748 0.00JDELLAVALL 30-80-8140-5300-320 SUPPLIES - OFFICE 05/10/2021 2,000.00 1,000.00To cover office furniture/supplies 20728 3,000.00JDELLAVALL 30-80-8200-5300-151 FOG PROGRAM 05/10/2021 7,000.00 -2,500.00To cover office furniture/supplies 20726 4,500.00JDELLAVALL 30-80-8200-5300-320 SUPPLIES - OFFICE 05/10/2021 2,000.00 1,500.00To cover office furniture/supplies 20727 3,500.00JDELLAVALL 30-80-9990-5300-000 CONTINGENCY 05/10/2021 300,000.00 -2,200.00To cover yr-end overage 20707 225,438.00EBRADFORD EBRADFORD 7:20:50PM05/04/2021 fl142r03 Page 2 of 3 Police- I&CS Police- I&CS Police- I&CS Fleet Maintenance Fleet Maintenance Special Appropriations Special Appropriations Admin of Enterprise WTP WTP WTP WTP WTP Water Distribution WW Collection WW Collection W&S Contingency May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 19 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 05/10/2021 TO 05/10/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 35-30-5900-5300-446 C.S./ENGINEERING 05/10/2021 15,000.00 54,000.00Convwallis Hills Stormwater Impact Anal 20734 69,000.00EBRADFORD 35-80-3500-3505-100 STORMWATER CHARGES 2016 05/10/2021 0.00 425.00Adj to actual 20731 425.00EBRADFORD 35-80-3500-3505-101 STORMWATER CHARGES 2017 05/10/2021 0.00 4,630.00Adj to actual 20732 4,630.00EBRADFORD 35-80-3500-3505-102 STORMWATER CHARGES 2018 05/10/2021 0.00 1,117.00Adj to actual 20733 1,117.00EBRADFORD 35-80-3500-3505-104 STORMWATER CHARGES 2020 05/10/2021 610,000.00 47,828.00Adj to actual 20735 657,828.00EBRADFORD 76-71-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB 05/10/2021 1,008,106.50 -3,243.00To reverse Sewer SDFs 0 1,245,926.50EBRADFORD 05/10/2021 1,008,106.50 3,243.00To record Sewer SDFs 20729 1,249,169.50EBRADFORD 76-71-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS 05/10/2021 1,008,106.50 -3,243.00To reverse Sewer SDFs 0 1,245,926.50EBRADFORD 05/10/2021 1,008,106.50 3,243.00To record Sewer SDFs 20730 1,249,169.50EBRADFORD 108,000.00 EBRADFORD 7:20:50PM05/04/2021 fl142r03 Page 3 of 3 Stormwater Stormwater Stormwater Stormwater Stormwater Sewer SDFs Sewer SDFs APPROVED: 5/0 DATE: 5/10/21 VERIFIED: ___________________________________ May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 19 DRAFT RESOLUTION AUTHORIZING THE SUBMISSION of the FY22 ANNUAL ACTION PLAN and FY22 PROGRAM DESIGN for ORANGE COUNTY, NORTH CAROLINA BE IT RESOLVED, the Hillsborough Board of Commissioners as a member of the Orange County HOME Consortium, that the Commissioners authorize the Town Manager to submit the Orange County Annual Action Plan for FY22 to the U.S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required therein. BE IT RESOLVED, by the Hillsborough Board of Commissioners, as a member of the Orange County HOME Consortium, that the Commissioners approve the following activities for the FY22 HOME Program: Homebuyer Assistance Funds will be allocated to Orange County Habitat for Humanity to provide deferred payment zero interest mortgages to an estimated fifteen (15) homebuyers in the Fairview Community in Hillsborough earning between thirty percent (30%) and eighty percent (80%) of the area median income. (The final number of homebuyers assisted may be more or less than 15 and will depend on homebuyer underwriting.) Requested amount: $450,000 Funded amount: $434,393 Rental Construction Funds will be allocated to Pee Wee Homes to finance construction of three (3) small rental units at 106 Hill Street in Carrboro. Units will be leased to households experiencing homelessness and earning less than thirty percent (30%) of the area median income. Requested amount: $100,000 Funded amount: $100,000 Predevelopment Loan Funds will be allocated to EmPOWERment, Inc. for acquisition of a duplex containing two (2) units at 706 Gomains Avenue in Chapel Hill. Units will be leased to households earning less than thirty percent (30%) of the area median income. Requested amount: $105,000 Funded amount: $105,000 Program Administration $37,874 BE IT FURTHER RESOLVED, that the Town Manager is hereby designated as the authorized representative of the Town to act in connection with the submission of these plans, to act in connection with the HOME Program, and to provide such additional information as may be required by the U.S. Department of Housing and Urban Development. Resolution #20210510-5.D May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 18 DRAFT This is the 10th day of May, 2021 Seal Jenn Weaver, Mayor Town of Hillsborough NOW THEREFORE BE IT ORDAINED by the Town Board of Commissioners that this resolution is effective upon approval. Upon motion of Commissioner Kathleen Ferguson, seconded by Commissioner Robb English, the foregoing resolution was adopted this the 10 day of May, 2021. I, Sarah E. Kimrey, Interim Town Clerk for the Town of Hillsborough, North Carolina, DO THEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on May 10, 2021. WITNESS my hand and seal of said town, the 10th day of May, 2021. Sarah E. Kimrey, Interim Town Clerk Resolution #20210510-5.D May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 18 DRAFT Ordinance #20210510-5.F AN ORDINANCE AMENDING SECTION 6-28 and APPENDIX 6A OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Section 6-28, Designated Parking, is hereby amended to read as follows: Location Side From To West King Street Parking lot (Behind Police headquarters) West Dumpster enclosure End of row (13 parking spaces) West King Street Parking lot (Behind Police headquarters) East Back door of the police department End of row (5 parking spaces) Section 2. Section 6A-3, No Right Turn on Red Intersections, is amended to add eastbound Margaret Lane at South Churton Street. Section 3. Sec. 6A-5. Stop Signs, is amended as follows: Stop Street Approach Main Street Bluffberry Way North Open Air Lane Bluffberry Way North and South Haven Hill Road Bluffberry Way North and South Sea Trail Street Boxwood Trace Lane East Clandon Square Road Boxwood Trace Lane West Spring Overlook Lane Cameron Street (N) North and South Caine Street Cameron Street (S) North and South East Margaret Lane Clandon Square Road West Spring Overlook Lane Country Side Street North Open Air Lane Country Side Street South Sea Trail Street Ellsworth Manor Drive East Prestwood Drive Flat Ford Road East Brightleaf Road Flat Ford Road East and West Gold Hill Way Flat Ford Road West Poet Pointe Flat River Run East Gold Hill Way Flat River Run West Bluffberry Way Garden Heights Lane South Quincy Cottage Road Gold Hill Way North James J. Freeland Memorial Drive Gold Hill Way North Watermill Way Gold Hill Way South Flat Ford Road Haven Hill Road East Brightleaf Road Haven Hill Road East and West Gold Hill Way Haven Hill Road West Bluffberry Way James J. Freeland Memorial Drive East Brightleaf Road James J. Freeland Memorial Drive West Gold Hill Way Lydia Lane (replace Thomas Ruffin) South St. Marys Road Open Air Lane East and West Country Side St Open Air Lane West Bluffberry Way Picnic Place West Gold Hill Way May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 18 DRAFT Ordinance #20210510-5.F Poet Pointe South Flat Ford Road Prestwood Drive South Quincy Cottage/Spring Overlook Prestwood Drive South US 70 A Quincy Cottage Road East Prestwood Drive Quincy Cottage Road East & West Ellsworth Manor Drive Quincy Cottage Road East & West Talondale Court Sea Trail Street East Gold Hill Way Sea Trail Street East and West Country Side St Sea Trail Street West Bluffberry Way Spring Overlook Lane West Prestwood Drive Stanton Gable Lane North Prestwood Drive Stanton Gable Lane South Spring Overlook Lane Watermill Way East Brightleaf Road Watermill Way East and West Gold Hill Way Watermill Way West Poet Pointe Section 4. Section 6A-6, Four Way Stop; Three Way Stop, is amended to add the intersections of West King Street with Wake Street and Hassell Street. Section 5. Section 6A-9, Turns Prohibited, is amended to change “eastbound” to “westbound” for Margaret Lane at South Churton Street and King Street at Churton Street to correctly identify the left turn lane locations. Section 6. Section 6A-12, Speed Limits, is amended to show the 20 mile per hour speed on West King Street extended to Hassell Street. Section 7. Section 6A-12, Speed Limits is further amended to list the following new streets as 25 miles per hour: Bluffberry Way Brightleaf Road Country Side Street Flat Ford Road Flat River Run Gold Hill Way Haven Hill Road James J. Freeland Memorial Drive Open Air Lane Picnic Place Poet Pointe Sea Trail Steet Watermill Way Section 8. Section 6A-14, Parking Prohibited at All Times, is amended to change in introductory language to read: “In accordance with section 6-24, parking is prohibited at all times along streets with yellow curb markings and in the right of way of all areas listed below.” Section 9. Section 6A-14, Parking Prohibited at All Times, is amended to delete the reference on the south side of West Corbin Street and Section 6A-15, Parking Prohibited During Certain Hours, to delete the reference on the east side of North Hassell Street between Tryon and Queen. May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 18 DRAFT Ordinance #20210510-5.F Section 10. Section 6A-16, Parking Reserved for Specific Purposes and During Certain Hours, is amended to delete reference to the Bank of America Parking Lot. Section 11. Section 6A-16, Reserved, is amended to designate as Fifteen Minute Parking Allowed and define the following areas: On Street Side Location Time Period West King Street North In front of 116 West King Street 24/7 West King Street South In front of 115 West King Street 24/7 West King Street South Spaces in front of 139 West King Street 24/7 Section 12. Section 6A-16B, Three Hour Parking Allowed, is amended to update the reference to the Bank of America lot to be the West King Street parking lot Section 13. Section 6A-18, Commercial Loading Zones, is amended to define the following loading zones: On Street Side From To Time Period West King Street North North Churton Street West King Street parking lot entrance 24/7 West King Street North West King Street parking lot entrance 80 feet west 24/7 West King Street North Driveway to 158 West King Street 84 feet west 24/7 Section 14. Section 6A-20, Handicapped Parking Spaces, is deleted as duplicative. Section 15. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 16. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 10th day of May, 2021. Ayes: 5 Noes: 0 Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 18 DRAFT Ordinance #20210510-5.G AN ORDINANCE AMENDING CHAPTER 12 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Chapter 12 of the Town Code is amended by deleting sections 12.6, 12.9, 12.10, 12.11, 12.12, 12.13, and 12.17. Section 2. Chapter 12 of the Town Code is amended by listing section 12.6 – 12.13 and 12.17 – 12.20 as Reserved. Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 4. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 10th day of May, 2021. Ayes: 5 Noes: ___0____ Absent or Excused: 0 Sarah E. Kimrey, Interim Town Clerk May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 13 of 18 DRAFT RESOLUTION Appointing Town Manager as Finance Officer and Designating Bank Depository Signatories WHEREAS, North Carolina General Statute 159-24 states each local government and public authority shall appoint a finance officer; and WHEREAS, the finance officer is responsible for providing financial safeguards and ensuring that all duties of the finance office are adequately and efficiently covered; and WHEREAS, Town Manager Eric Peterson is qualified to serve in the position of finance officer; and WHEREAS, internal controls are an integral part of the organization and this appointment will improve the segregation of duties; and WHEREAS, having a finance officer will help ensure that all duties of the Hillsborough Financial Services Department are adequately and effectively covered; and WHEREAS, North Carolina General Statute 159-25(b) states all checks or drafts on an official depository shall be signed by the finance officer and countersigned by another official of the local government or public authority; and WHEREAS, Eric Peterson, in his capacity as finance officer, shall sign all checks or drafts on town depositories; and the mayor shall countersign all checks and drafts; and WHEREAS, Assistant Town Manager Margaret Hauth shall serve as secondary signatory to countersign all checks and drafts on town depositories; and NOW, THEREFORE, BE IT RESOLVED, the Hillsborough Board of Commissioners hereby appoints Town Manager Eric Peterson as finance officer. BE IT FURTHER RESOLVED, the Hillsborough Board of Commissioners hereby designates Assistant Town Manager Margaret Hauth as secondary signatory on town depositories. Approved this 10th day of May 2021. Seal Jenn Weaver, Mayor Town of Hillsborough Resolution #20210510-5.J May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 14 of 18 DRAFT Proclamation #20210510-5.M May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 15 of 18 DRAFT Proclamation #20210510-5.M May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 18 DRAFT RESOLUTION Authorizing a Contract with Orange County to Administer the Town’s Community Development Block Grant – Coronavirus Grant Funding WHEREAS, the town of Hillsborough provided a portion of its CARES funds to Orange County to support the Emergency Housing Assistance program streamlined during the pandemic; and WHEREAS, the Town applied for and was awarded $600,000 of Community Development Block Grant – Coronavirus Grant Funding; and WHEREAS, Community Development Block Grant – Coronavirus program requires the grantee to have an experienced administrator; and WHEREAS, Orange County’s Emergency Housing Assistance program is a streamlined, coordinated, one-stop portal for those experiencing housing instability and therefore the most efficient delivery network for significant funding; and WHEREAS, Orange County has an experienced administrator on staff and is willing to administer the town’s grant award consistent with the program requirements to maintain the streamlined, coordinated benefit to the community at no additional cost to the town; NOW, THEREFORE, BE IT RESOLVED, the Hillsborough Board of Commissioners authorizes the town manager to execute a contract with Orange County for administration of the town’s Community Development Block Grant – Coronavirus Grant Funding for Emergency Housing Assistance, consistent with program guidelines and requirements. Approved this 10th day of May 2021. Seal Jenn Weaver, Mayor Town of Hillsborough Resolution #20210510-5.N May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 17 of 18 DRAFT RESOLUTION Authorizing a Land Exchange with Orange Rural Fire Department to Facilitate the Construction of the Waterstone Fire Station WHEREAS, the Town of Hillsborough and Orange Rural Fire Department have a long-standing contract for the Department to provide fire protection services within the town limits of Hillsborough; and WHEREAS, the Town owns the parcel containing the fire station on South Churton Street and the Department owns the parcel containing the surrounding parking area; and WHEREAS, the Town owns a two-acre tract on College Park Road, provided by the developer of Waterstone, intended to contain a fire station to protect the southern portion of Hillsborough; and WHEREAS, Orange Rural Fire Department is finalizing design of and is ready to proceed with construction of a station on the College Park Road site; and WHEREAS, to facilitate the construction of the new station, Orange Rural Fire Department desires to own the College Park Road property; and WHEREAS, to facilitate the future redevelopment of the downtown station, the town desires to own the parking area surrounding the South Churton station; WHEREAS, professional land appraisals indicate that the parcels are not of equal value and the town would need to compensate Orange Rural Fire Department $210,000 to make the exchanges of equal value; NOW, THEREFORE, BE IT RESOLVED, the Hillsborough Board of Commissioners authorizes the town manager to execute the documents and payments necessary to implement the land exchange. The Town Board further reinforces its commitment to the contract for fire protection service with the Orange Rural Fire Department and expects the continued used of the South Churton Street station by the Department as long as the contract remains in place. Approved this 10th day of May 2021. Seal Jenn Weaver, Mayor Town of Hillsborough Resolution #20210510-5.O May 10, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 18 of 18 DRAFT Minutes Board of Commissioners Remote work session 7 p.m. May 24, 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, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Town Manager Eric Peterson, Utilities Director Marie Strandwitz, Public Space Manager Stephanie Trueblood and Public Information Officer Catherine Wright 1. Opening of the work session Mayor Jenn Weaver called the meeting to order at 7 p.m. Interim Town Clerk and Human Resources Technician Sarah Kimrey called the roll and confirmed the presence of a quorum. 2. Agenda changes and approval The mayor suggested pulling both proclamations from the consent agenda to read aloud. She noted additional budget amendments were added to the consent agenda. Motion: Commissioner Kathleen Ferguson moved to approve the amended 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 3. Presentations (added item) A. Proclamation declaring May 24-May 30, 2021 as Period Poverty Awareness Week The mayor welcomed Michelle Old, founder and executive director of the Diaper Bank of North Carolina. Weaver read the proclamation aloud, which raises awareness that one in four menstruaters cannot afford the products they need for monthly menstrual cycles, preventing them from going to work or school and adversely affecting their health and well-being. Hughes joined the meeting at 7:04 p.m. Old thanked the board. She noted her organization has seen an 800% increase in period products being distributed during the COVID-19 pandemic, with the Diaper Bank providing over 1 million products last year. She said the need is not going down and menstruaters struggling for food also struggle for these products, not covered by the Special Supplemental Nutrition Program for Women, Infants, and Children or food stamps. May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 1 of 15 DRAFT Ferguson noted the term “cycles” is used outside the United States instead of “period,” which denotes a finality. Reinforcing that menstruation is part of life for decades, that it’s cyclical, is needed, she said. B. Proclamation declaring June 2021 as LGBTQ+ Pride Month The mayor thanked Hughes for bringing the proposal before the board and noted he is the town’s first out LGBTQ+ commissioner. She said this is the second year Hillsborough is declaring June as Pride Month and she noted Pride flags will be displayed in June for the first time in Hillsborough. She read aloud the proclamation, which urges residents to recognize the contributions made by members of the for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning+ community and to actively promote the principles of equality, liberty, and justice in Hillsborough. The proclamation also calls upon Congress to pass the Equality Act to extend vital and potentially lifesaving protections to LGBTQ+ Americans in all jurisdictions and calls upon the North Carolina General Assembly to enact LGBTQ+ protections in employment, housing, education, and hate crimes. 4. Items for decision ― consent agenda A. Miscellaneous budget amendments and transfers B. Proclamation declaring May 24 – May 30, 2021 as Period Poverty Awareness Week C. Proclamation declaring June 2021 as LGBTQ+ Pride Month B. 2021 Board of Commissioners meeting calendar amendment C. Encroachment agreement – 118 Warner Ln. D. Resolution of intent to close Cole Avenue – unopened right of way on south side of Margaret Lane Motion: Ferguson moved to approve the amended consent agenda. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 5. In-depth discussion and topics A. Orange County 2021 Property Revaluation Presentation Orange County Tax Assessor Nancy Freeman and Orange County Deputy Tax Assessor Chad Phillips joined the meeting, with Freeman providing the board a presentation on the Orange County Tax Administration Office’s 2021 property revaluation. Among items, she noted: • The estimated 2021 tax base in Hillsborough is $1.5 billion, with 20.4% growth from 2020 to 2021 and 47.3% growth from the last revaluation in 2017. • The 2021 tax base is composed of 63% residential and 37% commercial property. The 2017 tax base was represented by 59% residential and 41% commercial property. • Four revaluations in Hillsborough are being appealed. • The formal appeals process remains open through June 30. Freeman and Phillips answered questions from the board, explaining some terms and noting that sales in Hillsborough are pretty standard and don’t vary a lot compared to the other jurisdictions in the county, which have more variation. On the appeals handled so far, changes were made to the revaluation of about 55%, with values lowered in the vast majority. Final accounting of the revaluation is expected at the end of December, and more information could be provided then to the board. No spot-checking of revaluations is being conducted in Hillsborough, but the tax office would take a closer look if a lot of appeals were seen in a specific area. Currently, additional examination is being given to neighborhood conservation districts because of a disparity in prices. The districts are only in Chapel Hill and stipulate the maximum size for new buildings, May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 2 of 15 DRAFT with some older buildings over the maximum size grandfathered in. Investors are willing to buy or invest more in the nonconforming homes in those districts. B. Fiscal Year 2022 Community Re-Investment Funds The mayor said the board has two community reinvestment funding requests for Fiscal Year 2022, submitted by the Hillsborough Arts Council and the Exchange Club of Hillsborough. The Arts Council is requesting $14,520, an increase of $1,320 over the current year. The Exchange Club is requesting $7,500 again. Arts Council Vice Chair Josh Collins and Exchange Club President Blair Bradford answered questions and provided additional information. Ferguson noted to both that there are funds for arts and recreation and parks through a new American reinvestment act and encouraged they apply. Collins said the Arts Council is working to have a larger economic impact on arts and the community and is planning to do so by employing more local community members and relying on fewer volunteers. Bradford said the Exchange Club has appreciated the funding the town has provided the last two years and the help with serious flooding issues, including the stormwater and environmental services manager getting the railroad company to clear out a culvert. She said flooding destroyed restrooms at the club’s park. The Hillsborough Youth Athletic Association was able to renovate its restrooms at the park, but the club does not have funds to replace the restrooms it owns, which also were not handicap accessible. The club is leasing a portable, handicap-accessible toilet, which Bradford said the club was able to obtain at a good price annually. There was discussion about the process used by the town for receiving and deciding on requests for community reinvestment funds. Assistant to the Manager and Deputy Budget Director Jen Della Valle said the process was streamlined several years ago to allow nonprofit groups that previously received funding from the town to apply. The town no longer solicits applications. Information about the nonprofit partnerships is provided on the town website with contact information. The mayor noted that before the procedural change, a number of organizations were completing a lot of paperwork for a small amount of funding. Della Valle added that while the town does not invite requests, it is noted on the town website that organizations are welcome to submit a proposal if they want to partner with the town to meet a specific town objective. Bell suggested accepting the requests and to bringing them back for decision after the June 7 budget work session. Other members were in agreement. C. Fiscal Year 2022 Manager’s Recommended Annual Budget Presentation Town Manager Eric Peterson provided an overview of the draft Fiscal Year 2022 budget, which is still being finalized. He said because of a lean budget for the current fiscal year, the town has a bit of a surplus of revenue that will be good for handling the one-year backlog of delayed needs. Highlights include: • The property tax rate could drop to a revenue neutral amount based on the county’s property revaluation. Peterson reminded the board that Hillsborough currently is near the top for property tax rates in the Triangle. He said a revenue-neutral rate would slide the town more toward the middle. Durham is suggesting an increase to about 55 cents. • Stormwater fees are proposed to remain the same as when they were adopted. • The water rate is proposed to increase by 4.5% each of the next three fiscal years due to infrastructure needs and to meet obligations for bonds sold to fund the reservoir expansion. May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 3 of 15 DRAFT • The sewer rate is proposed to increase by 2% in FY2022, 3% in FY2023 and 4% in FY2024 due to infrastructure needs. Peterson noted that utility rates were not increased last year due to the COVID-19 pandemic, although the increases were needed. He also pointed out that in the eight years since the town began lowering the minimum usage for which customers are charged, customers using 2,500 gallons or fewer are still paying less than they paid in 2013 despite two increases to water rates and four increases to sewer rates in that time. He went over highlights of projects and initiatives forecasted for funding in the general, stormwater, and water and sewer funds over the next three fiscal years, including: • Moving and constructing a public works facility and replacing five major pieces of public works equipment, estimated to cost more than $3 million. • Handling repair and replacement needs in the water and sewer system, totaling about $23 million. The manager said the town likely will sell revenue bonds again to pay for the water and sewer system needs, but financial experts will need to be consulted to go over the needs and options. He went over three utilities projects totaling about $800,000 that are tentatively proposed for FY2022 with funds to be received from the American Rescue Plan. The town is expected to receive about $1 million in FY2022 from the plan and another $1 million the following fiscal year. The Triangle J Council of Governments, of which Hillsborough is a member, advises spending the American Rescue Plan funds on projects that have a long-term benefit, the manager said. The most common use for these funds is water and sewer system needs. Peterson also noted three utilities projects totaling more than $5 million that are not yet funded. The manager noted that the repair and replacement needs for the water and sewer system have a high cost, but many of the items proposed for repair or replacement are between 40 and 70 years old. The time has come to replace them, he said. Peterson added that it’s a national problem that people don’t understand the true cost of water. He further added that lots of people say government should run like a business. Successful businesses fund depreciation, he said. It’s the same thing as buying a house; ignoring the cost of maintenance is going to catch up with you. He added that Hillsborough does not want to make the same mistakes that other utilities have around the country. The manager went over proposals for employees, noting a 3.25% average merit raise is proposed after no raises were provided in the current year due to COVID-19. He also noted proposals for market rate adjustments for positions, more affordable options for dependent health care, and reorganization and succession planning, with elimination of four vacant positions and the addition of three other positions. Peterson answered questions from the board, including that leaving the property tax rate at 62 cents instead of making it revenue neutral would result in about $900,000 in revenue. D. Fee schedule changes for Planning, Public Works, and Fire Marshal Assistant Town Manager and Planning Director Margaret Hauth presented proposed changes to the town’s fee schedule, including removal of fire marshal-related fees as the town will be contracting with the county for fire inspections. Also proposed are: • Requiring fee renewal for projects that remain incomplete for an extended period. May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 4 of 15 DRAFT • Requiring a refiling for permits for projects that take more than three cycles to be approved. • Rounding costs of construction for which some fees are based to the nearest $1,000. • Charging the same rate for residential, multi-family and non-residential construction, with an increased fee for projects with a construction cost of $500,000 or greater. This is not expected to affect the revenue received by the town but would simplify the permitting process and continue to charge a higher fee where more staff effort is required. • Clarifying the bulk items collection fee to note the minimum is what can be placed in a pickup truck. • Adding a fee for review of driveway connections to public streets when the installation is independent of a new structure. Hauth answered questions from the board, including explaining the utilities connection fee for high risk people. She said the town asks customers for their Social Security number to perform a credit check. Those who do not provide it are considered high risk and must pay a higher connection fee. Hauth said the practice is in place because people have left town without paying a bill. She noted some customers may be placed in the high-risk category because of the credit score returned. Further clarity on the process was requested. There was discussion about the noncompliance fee for sidewalk table service. Hauth said she needs to check whether that is a former fee which needs to be removed. She said the fee falls under the Police Department instead of the Planning Department because police officers would be on duty at night when dining is most active. If a citation is made, it likely would be from the Police Department. Hughes said he would like to revisit citations that have a criminal penalty, like sidewalk dining. 6. Other business There was none. 7. Committee updates and reports Board members gave updates on the committees and boards on which they serve. 8. Adjournment Motion: Bell moved to adjourn at 9:43 p.m. Lloyd seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Respectfully submitted, Sarah Kimrey Interim Town Clerk Staff support to the Board of Commissioners May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 5 of 15 DRAFT Proclamation #20210524-3.A May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 6 of 15 DRAFT Proclamation #20210524-3.A May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 7 of 15 DRAFT Proclamation #20210524-3.B May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 8 of 15 DRAFT Proclamation #20210524-3.B May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 9 of 15 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 05/24/2021 TO 05/24/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-3100-3101-212 2012 TAX LEVY 05/24/2021 0.00 2.00Adj to actual 20778 2.00EBRADFORD 10-00-3100-3101-213 2013 TAX LEVY 05/24/2021 0.00 214.00Adj to actual 20779 214.00EBRADFORD 10-00-3100-3101-215 2015 TAX LEVY 05/24/2021 0.00 166.00Adj to actual 20780 1,277.00EBRADFORD 10-00-3100-3101-216 2016 TAX LEVY 05/24/2021 0.00 94.00Adj to actual 20781 8,010.00EBRADFORD 10-00-3100-3101-217 2017 TAX LEVY 05/24/2021 0.00 106.00Adj to actual 20782 14,255.00EBRADFORD 10-00-3100-3101-218 2018 TAX LEVY 05/24/2021 0.00 582.00Adj to actual 20783 9,391.00EBRADFORD 10-00-3100-3101-219 2019 TAX LEVY 05/24/2021 35,000.00 1,133.00Adj to actual 20784 33,808.00EBRADFORD 10-00-3100-3101-220 2020 TAX LEVY 05/24/2021 6,196,000.00 60,036.00Adj to actual 20785 6,285,806.00EBRADFORD 05/24/2021 6,196,000.00 6,680.00Adj to actual 20804 6,292,486.00EBRADFORD 05/24/2021 6,196,000.00 61,000.00Adj to actual 20809 6,353,486.00EBRADFORD 10-00-3900-3900-000 FUND BALANCE APPROPRIATION 05/24/2021 551,313.00 210,000.00To cover ORFD land swap 20766 994,809.89EBRADFORD 05/24/2021 551,313.00 20,000.00To cover affordable housing 20813 1,014,809.89EBRADFORD 10-10-4100-5300-570 MISCELLANEOUS 05/24/2021 4,750.00 -2,100.00To cover pride flags 20762 2,150.00EBRADFORD 10-10-4200-5100-010 OVERTIME COMPENSATION 05/24/2021 1,000.00 561.00To cover yr-end overages 20805 2,000.00EBRADFORD 10-10-4200-5100-020 SALARIES 05/24/2021 753,180.00 -960.00To cover yr-end overages 20807 747,450.00EBRADFORD 10-10-4200-5300-474 RECRUITMENT 05/24/2021 2,500.00 658.00To cover job ads 20754 3,963.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 05/24/2021 9,053.00 399.00To cover yr-end overages 20806 7,847.00EBRADFORD 10-10-4200-5300-577 WELLNESS PROGRAM ACTIVITIES 05/24/2021 8,000.00 -658.00To cover job ads 20755 4,807.00EBRADFORD 10-10-4400-5100-010 OVERTIME COMPENSATION 05/24/2021 700.00 2,571.00To cover yr-end overages 20820 3,500.00EBRADFORD 10-10-4400-5100-020 SALARIES 05/24/2021 329,568.00 -2,571.00To cover yr-end overages 20821 301,768.00EBRADFORD 10-10-4400-5300-459 C.S./ACCOUNTING ASSISTANCE 05/24/2021 1,000.00 61,000.00To cover interim finance assistance 20808 87,000.00EBRADFORD 10-10-4900-5100-020 SALARIES 05/24/2021 259,697.00 1,303.00To cover yr-end overages 20822 267,000.00EBRADFORD 10-10-4900-5125-061 LIFE/DISABILITY/VISION 05/24/2021 1,599.00 101.00To cover yr-end overages 20823 1,700.00EBRADFORD EBRADFORD 4:12:45PM05/18/2021 fl142r03 Page 1 of 4 GF - Revenue GF - Revenue GF - Revenue GF - Revenue GF - Revenue GF - Revenue GF - Revenue GF - Revenue GF - Revenue Governing Body Admin. Admin. Admin. Admin. Admin. Accounting Accounting Accounting Planning Planning May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 10 of 15 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 05/24/2021 TO 05/24/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-4900-5300-530 DUES & SUBSCRIPTIONS 05/24/2021 2,260.00 180.00To cover yr-end overage 20760 2,405.00EBRADFORD 10-10-4900-5300-570 MISCELLANEOUS 05/24/2021 2,500.00 -180.00To cover yr-end overage 20761 43,520.00EBRADFORD 05/24/2021 2,500.00 -1,404.00To cover yr-end overages 20824 42,116.00EBRADFORD 10-10-6300-5125-060 HOSPITALIZATION 05/24/2021 19,149.00 -427.00To cover yr-end overages 20792 18,722.00EBRADFORD 10-10-6300-5127-071 401(K) RETIREMENT SUPP. 05/24/2021 5,898.00 427.00To cover yr-end overages 20791 6,325.00EBRADFORD 10-10-6600-5100-020 SALARIES 05/24/2021 79,752.00 400.00To cover yr-end overages 20793 80,152.00EBRADFORD 10-10-6600-5127-071 401(K) RETIREMENT SUPPLEMENT 05/24/2021 3,988.00 216.00To cover yr-end overages 20794 4,204.00EBRADFORD 10-10-6600-5300-080 TRAINING/CONF./CONV. 05/24/2021 15,000.00 -616.00To cover yr-end overages 20795 6,384.00EBRADFORD 10-10-6610-5100-020 SALARIES 05/24/2021 100,000.00 500.00To cover yr-end overages 20796 100,500.00EBRADFORD 10-10-6610-5127-071 401(K) RETIREMENT SUPP. 05/24/2021 5,000.00 500.00To cover yr-end overages 20797 5,500.00EBRADFORD 10-10-6610-5300-113 LICENSE FEES 05/24/2021 48,500.00 -1,000.00To cover yr-end overages 20798 49,900.00EBRADFORD 10-20-5110-5300-330 SUPPLIES - DEPARTMENTAL 05/24/2021 15,500.00 10,000.00To cover e-bikes 20786 39,729.16EBRADFORD 10-20-5110-5700-741 CAPITAL - EQUIPMENT 05/24/2021 0.00 69,550.00To cover simulator 20787 69,550.00EBRADFORD 10-20-5120-5100-020 SALARIES 05/24/2021 466,090.00 -60,000.00To cover simulator 20788 351,890.00EBRADFORD 10-20-5120-5125-060 HOSPITALIZATION 05/24/2021 73,493.00 -10,000.00To cover e-bikes 20789 63,493.00EBRADFORD 10-20-5120-5127-070 RETIREMENT 05/24/2021 51,391.00 -9,550.00To cover simulator 20790 41,841.00EBRADFORD 10-20-5300-5100-020 SALARIES 05/24/2021 127,252.00 -1,000.00To cover yr-end overages 20819 126,252.00EBRADFORD 10-20-5300-5125-060 HOSPITALIZATION 05/24/2021 10,078.00 960.00To cover yr-end overages 20817 11,038.00EBRADFORD 10-20-5300-5125-062 DENTAL INSURANCE 05/24/2021 374.00 40.00To cover yr-end overages 20818 414.00EBRADFORD 10-20-5350-5700-710 CAPTIAL - LAND ACQUISITION 05/24/2021 0.00 210,000.00To cover ORFD land swap 20765 210,000.00EBRADFORD 10-30-5550-5100-020 SALARIES 05/24/2021 205,392.00 6,000.00To cover yr-end overages 20802 211,392.00EBRADFORD 10-30-5550-5127-071 401(K) RETIREMENT SUPP. 05/24/2021 10,320.00 680.00To cover yr-end overages 20803 11,000.00EBRADFORD EBRADFORD 4:12:45PM05/18/2021 fl142r03 Page 2 of 4 Planning Planning Public Space Public Space Safety & Risk Mgmt Safety & Risk Mgmt. Safety & Risk Mgmt. IT IT IT Police - Patrol Police - Patrol Police - I&CS Police - I&CS Police - I&CS Fire Marshal Fire Marshal Fire Marshal Fire Protection Fleet Maint. Fleet Maint. May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 11 of 15 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 05/24/2021 TO 05/24/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-30-5600-5100-020 SALARIES 05/24/2021 177,540.00 28,000.00To cover yr-end overage 20767 205,540.00EBRADFORD 10-30-5600-5120-050 FICA 05/24/2021 13,888.00 712.00To cover yr-end overage 20768 14,600.00EBRADFORD 10-30-5600-5125-060 HOSPITALIZATION 05/24/2021 32,224.00 3,421.00To cover yr-end overage 20769 35,645.00EBRADFORD 10-30-5600-5125-061 LIFE/DISABILITY/VISION 05/24/2021 1,152.00 100.00To cover yr-end overage 20770 1,252.00EBRADFORD 10-30-5600-5125-062 DENTAL INSURANCE 05/24/2021 1,159.00 200.00To cover yr-end overage 20771 1,359.00EBRADFORD 10-30-5600-5127-070 RETIREMENT 05/24/2021 18,518.00 2,000.00To cover yr-end overage 20772 20,518.00EBRADFORD 10-30-5600-5127-071 401(K) RETIREMENT SUPP. 05/24/2021 9,077.00 1,500.00To cover yr-end overage 20773 10,577.00EBRADFORD 10-30-5600-5300-570 MISCELLANEOUS 05/24/2021 1,000.00 2,100.00To cover pride flags 20763 3,100.00EBRADFORD 10-30-5800-5100-020 SALARIES 05/24/2021 151,945.00 22,000.00To cover yr-end overage 20774 173,945.00EBRADFORD 10-30-5800-5120-050 FICA 05/24/2021 11,853.00 1,100.00To cover yr-end overage 20775 12,953.00EBRADFORD 10-30-5800-5127-070 RETIREMENT 05/24/2021 15,804.00 2,000.00To cover yr-end overage 20776 17,804.00EBRADFORD 10-30-5800-5127-071 401(K) RETIREMENT SUPP. 05/24/2021 7,747.00 1,300.00To cover yr-end overage 20777 9,047.00EBRADFORD 10-50-6250-5125-061 LIFE/DISABILITY/VISION 05/24/2021 411.00 20.00To cover yr-end overages 20799 431.00EBRADFORD 10-50-6250-5127-071 401K RETIREMENT SUPPLEMENT 05/24/2021 3,410.00 200.00To cover yr-end overages 20800 3,610.00EBRADFORD 10-50-6250-5300-570 MISCELLANEOUS 05/24/2021 900.00 -220.00To cover yr-end overages 20801 680.00EBRADFORD 10-71-4900-5982-009 TRANSFER TO RESTRICTED REVENUE 05/24/2021 0.00 20,000.00To cover affordable housing 20812 20,000.00EBRADFORD 30-80-8140-5700-740 CAPITAL - VEHICLES 05/24/2021 0.00 -24,680.00To split replc truck w/WW Coll 20814 24,680.00EBRADFORD 30-80-8200-5700-740 CAPITAL - VEHICLES 05/24/2021 0.00 24,680.00To split replc truck w/WW Coll 20815 24,680.00EBRADFORD 48-30-5600-5700-045 DESIGN 05/24/2021 75,000.00 79,182.00To cover design 20757 154,182.00EBRADFORD 48-30-5600-5700-720 CONSTRUCTION 05/24/2021 79,182.00 -79,182.00To cover design 20756 0.00EBRADFORD 72-10-4900-5300-364 AFFORDABLE HOUSING EXPENDITURES 05/24/2021 91,787.00 20,000.00To cover affordable housing 20811 64,970.28EBRADFORD 72-71-3870-3870-100 TRANSFER FROM GENERAL FUND EBRADFORD 4:12:45PM05/18/2021 fl142r03 Page 3 of 4 Streets Streets Streets Streets Streets Streets Streets Streets Solid Waste Solid Waste Solid Waste Solid Waste Economic Development Economic Development Economic Development Planning Water Distribution WW Collection Public Works Bldg Public Works Bldg Restricted Revenue - GF Restricted Revenue - GF May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 12 of 15 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 05/24/2021 TO 05/24/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 05/24/2021 0.00 20,000.00To cover affordable housing 20810 20,000.00EBRADFORD 760,026.00 EBRADFORD 4:12:45PM05/18/2021 fl142r03 Page 4 of 4 APPROVED: 5/0 DATE: 5/24/21 VERIFIED: ___________________________________ May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 13 of 15 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 05/25/2021 TO 05/25/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 60-11-5600-5700-718 VALLEY FORGE RD CONSTRUCTION ADMIN 05/25/2021 0.00 62,000.00To cover constructon admin. 20837 62,000.00EBRADFORD 60-11-5600-5700-727 VALLEY FORGE RD INFRASTRUCTURE 05/25/2021 80,000.00 -62,000.00To cover constructon admin. 20838 593,000.00EBRADFORD 67-80-8130-5700-045 DESIGN 05/25/2021 150,000.00 -17,407.00To cover change orders 20840 132,593.00EBRADFORD 05/25/2021 150,000.00 -125.00To cover change orders 20841 132,468.00EBRADFORD 67-80-8130-5700-720 CONSTRUCTION 05/25/2021 2,440,791.00 17,407.00To cover change orders 20839 2,458,198.00EBRADFORD 05/25/2021 2,440,791.00 125.00To cover change orders 20842 2,458,323.00EBRADFORD 0.00 EBRADFORD 5:07:40PM05/24/2021 fl142r03 Page 1 of 1 GF Capital Improv Fund GF Capital Improv Fund WFER- Carrstore/Mill WFER- Carrstore/Mill APPROVED: 5/0 DATE: 5/24/21 VERIFIED: ___________________________________ May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 14 of 15 DRAFT Resolution #20210524-3.D May 24, 2021 Board of Commissioners Work Session Approved: ____________________ Page 15 of 15 DRAFT Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Administration - Budget Public Hearing: Yes No Date of Public Hearing: ______________________ For Clerk’s Use Only AGENDA ITEM # 5.B Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: Miscellaneous budget amendments and transfers Attachment(s): 1. Description and explanation for budget amendments and transfers Brief Summary: To adjust budgeted revenues and expenditures, where needed, due to changes that have occurred since budget adoption. Action Requested: Consider approving budget amendments and transfers. ISSUE OVERVIEW Background Information & Issue Summary: N/A Financial Impacts: As indicated by each budget amendment. Staff Recommendations/Comments: To approve the attached list of budget amendments. BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2020-2021 DATES: 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 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 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 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 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 11,400.00 EBRADFORD 3:34:39PM06/10/2021 fl142r03 Page 1 of 1 GF - Revenue Fleet Maint. Fleet Maint. Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Administration - Budget Public Hearing: Yes No Date of Public Hearing: __________________________ For Clerk’s Use Only AGENDA ITEM # 5.C Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: Miscellaneous Tourism Board budget amendments and transfers Attachment(s): 1. Description and explanation for budget amendments and transfers Brief Summary: To adjust budgeted revenues and expenditures where needed due to changes that have occurred since budget adoption. Action Requested: Consider approving budget amendments and transfers. ISSUE OVERVIEW Background Information & Issue Summary: Tourism budget amendments/transfers greater than or equal to $5,000 must be approved by the town board. Financial Impacts: As indicated by each budget amendment. Staff Recommendations/Comments: To approve the attached list of budget amendments. TOURISM BOARD Revenues FY20 FY21 FY22 FY23 FY24 $% Account Name Actual Estimate Budget Projection Projection Change Change Comments Food & Beverage Tax 371,326 300,000 325,000 345,000 355,000 25,000 8.3%Projected Revenues Reduced COVID‐19 Miscellaneous 0 689 0 0 0 (689)‐100.0% Fund Balance Appropriated 0 48,957 42,364 48,402 23,531 (6,593)‐13.5% COVID‐19 Appropriation 48,957 42,364 48,402 23,531 Tourism Board Total 371,326$  349,646$  367,364$  393,402$  378,531$  17,718$    5.1% % Change ‐2.5%‐5.8% 5.1% 7.1%‐3.8% Expenditures FY20 FY21 FY22 FY23 FY24 $% Account Name Actual Estimate Budget Projection Projection Change Change Comments Operations Audit Fees 5,000 7,500 5,400 5,500 5,500 (2,100)‐28.0% Attorney Fees 323 1,000 1,000 1,000 1,000 00.0% Training/Conferences/Conventions 0 0 2,200 2,200 2,200 2,200 0.0% Advertising 212 105 105 105 105 00.0% Public Hearing for Budget 105 105 105 105 C.S./Alliance for Historic Hills. 210,000 200,000 200,000 200,000 200,000 00.0%Operate Visitor's Center; Contract renewal FY21 C.S./Town of Hillsborough 28,000 37,854 38,422 39,210 39,739 568 1.5% ED Planner: Econ Dev‐40%/TDA‐20%/TB‐40% Data Processing Services 2,569 4,450 4,500 4,450 4,450 50 1.1% Website Hosting and Maintenance 2,500 2,500 2,500 2,500 Submittable Online Platform Fees 1,950 2,000 1,950 1,950 Shared with TDA C.S./Other 65,995 70,757 70,757 70,757 70,757 00.0% Arts Council 18,518 18,518 18,518 18,518 Orange County Museum 26,100 26,100 26,100 26,100 Burwell School 26,139 26,139 26,139 26,139 Insurance 877 980 980 980 980 00.0% Bond Insurance 180 180 180 180 Liability Insurance 800 800 800 800 Miscellaneous 1,385 1,500 2,500 2,500 2,500 1,000 66.7% Bank Fees 1,000 1,000 1,000 1,000 Tourism Plan Implementation 0 1,000 1,000 1,000 Miscellaneous 500 500 500 500 Special Projects & Partnership Opp. 4,999 0 14,500 26,000 10,000 14,500 0.0% Kings Highway Biodock (FY22) 0 4,500 0 0 Deferred in FY20 ($3,500) Hillsborough Holiday Parade (FY20/FY21) 0 0 5,000 0 Deferred from FY21 ($7,500) osk Signs at Visitors Center & Calvin St (FY20) 0000 Deferred in FY20 ($20,000) Parking Study Partnership (FY23) 0 0 16,000 0 Deferred from FY21 ($16,000) Unassigned 0 10,000 5,000 10,000 Grants 19,900 7,500 7,500 20,000 20,000 00.0% Art on the Hill (FY21 roll) 7,500 7,500 0 0 Unassigned 0 0 20,000 20,000 Town 6% Holdback 22,675 18,000 19,500 20,700 21,300 1,500 8.3%Moved to an expense item in FY21 Accrued AP 0000000.0% Operations Subtotal 361,934 349,646 367,364 393,402 378,531 17,718 5.1% Tourism Board Total 361,934$  349,646$  367,364$  393,402$  378,531$  17,718$    5.1% % Change ‐0.3%‐3.4% 5.1% 7.1%‐3.8% Available Fund Balance 299,710$  250,753$  208,389$  159,987$  136,456$   Fund Balance as a % of Operating Expen 82.8% 71.7% 56.7% 40.7% 36.0%Per LGC, must maintain minimum of 8% 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 Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Administration – Budget Public Hearing: Yes No Date of Public Hearing: June 7, 2021 For Clerk’s Use Only AGENDA ITEM # 5.D Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Shannan Campbell, Economic Development Planner ITEM TO BE CONSIDERED Subject: Hillsborough Tourism Board FY2022 Budget Ordinance Attachment(s): 1. FY2022 Tourism Board Budget 2. FY2022 Budget Ordinance Brief Summary: The Hillsborough Tourism Board, carefully considering the revenue projections as well as expenditures planned for the year, has drafted their proposed FY2022 budget. The board conducted a Public Hearing at their meeting on June 7, 2021. Action Requested: Review and approve the Hillsborough Tourism Board’s FY2022 Budget. ISSUE OVERVIEW Background Information & Issue Summary: The Tourism Board drives economic development by promoting travel, tourism, and visitor services. The board reinvests the town's 1% prepared food and beverage tax in funding for grants, special projects and partnerships, and contract services. The board sponsors programs and activities designed to improve Hillsborough's attractiveness to visitors. Financial Impacts: None Staff Recommendations/Comments: None BUDGET ORDINANCE        FISCAL YEAR 2021‐22 BUDGET ORDINANCE  TOURISM BOARD          Be it ordained by the Board of the Hillsborough  Tourism Board, Hillsborough, North Carolina:    SECTION I. GENERAL FUND:  It is estimated that the following revenues will be  available in the General Fund for the fiscal year  beginning July 1, 2021 and ending June 30, 2022:    Food & Beverage Tax                    $ 325,000  Fund Balance Appropriation                  $   42,364                     $ 367,364    The following amounts are hereby appropriated in the  General Fund for the operation of the Tourism Board  and its activities for the fiscal year beginning July 1,  2021 and ending June 30, 2022 in accordance with the  Chart of Accounts heretofore established for the  Tourism Board:    Tourism Board                  $ 367,364                            $ 367,364    SECTION II. FOOD & BEVERAGE TAX:   The Town of Hillsborough will collect a Food &  Beverage Tax and distribute the funds to the Tourism  Board to fund its operations.  These funds are listed as  “Food & Beverage Tax” revenues in the General Fund  in Section I of the ordinance.    SECTION III. BUDGET ORDINANCE:   Copies of this Budget Ordinance shall be filed with the  finance officer, budget officer and the clerk of the  governing board of this town.     Adopted this 14th day of June, 2021.    NORTH CAROLINA  ORANGE COUNTY                              I, Sarah Kimrey, Interim Town Clerk, hereby certify  that the foregoing is a true and accurate copy of the  2021‐22 Budget Ordinance which will be recorded in  the Town of Hillsborough Minute Book.    IN WITNESS WHEREOF, I have hereunto set my hand  and have caused the official corporate seal of said  Town to be affixed, this the 14th day of June, 2021.        ___________________________  Matt Hughes, Chair        ___________________________  Jenn Weaver, Mayor        ___________________________  Sarah Kimrey, Interim Town Clerk      Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Governing Body Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.E Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Commissioner Matt Hughes ITEM TO BE CONSIDERED Subject: Proclamation Commemorating Juneteenth Independence Day Attachment(s): 1. Proclamation Brief Summary: Juneteenth, also known as Freedom Day, Jubilee Day, Liberation Day, and Emancipation Day – is a holiday celebrating the emancipation of those who had been enslaved in the United States. The Emancipation Proclamation was issued on Jan. 1, 1863 which had established that all enslaved people “shall be then, thenceforward, and forever free.” Unfortunately, the Emancipation Proclamation didn’t instantly free all enslaved people, including in Union states until abolition passed as a constitutional amendment. In Texas, slavery continued until federal troops arrived in Galveston, Texas in 1865, two years after the Emancipation Proclamation was issued, and announced all enslaved people were to be freed. Juneteenth honors the end to slavery in the United States and is considered the longest-running African American holiday. The Board of Commissioners passed a resolution in June, 2020 designating Juneteenth as an official holiday in the Town of Hillsborough in order to provide residents and employees of the town an opportunity to reflect on the impact of slavery and remember those who were enslaved here and their profound contributions to our community. Action Requested: Approve proclamation recognizing Juneteenth Independence Day as an important date in American history. ISSUE OVERVIEW Background Information & Issue Summary: None Financial Impacts: None Staff Recommendations/Comments: None PROCLAMATION Commemorating Juneteenth Independence Day WHEREAS, news of the end of slavery did not reach frontier areas of the United States, in particular the State of Texas and other Southwestern states, until months after the conclusion of the Civil War and more than 2½ years after President Abraham Lincoln issued the Emancipation Proclamation on Jan. 1, 1863; and WHEREAS, isolated from both Union and Confederate forces during the Civil War, Texas had become a refuge for those who wished to continue the practice of holding human beings as property; and WHEREAS, although the Emancipation Proclamation was issued on Jan. 1, 1863, 250,000 people still were held as human chattel in Texas when U.S. Army Maj. Gen. Gordon Granger arrived in Galveston, Texas, and announced the Civil War had ended and enslaved people were free; and WHEREAS, the following is the text of the official recorded version of the order: “The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor. The freedmen are advised to remain quietly at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts and that they will not be supported in idleness either there or elsewhere”; and WHEREAS, African Americans who had been slaves in the Southwest celebrated June 19, commonly known as ‘‘Juneteenth Independence Day,’’ as inspiration and encouragement for future generations; and WHEREAS, Texas became the first state to make Juneteenth a state holiday and, by June 2020, 47 states and the District of Columbia have established full or partial recognition of the holiday; and WHEREAS, Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States and celebrations have been held to honor African American freedom; and WHEREAS, the U.S. Census discloses that the population of North Carolina in 1860 was 992,622, of which 331,059 were enslaved, including 5,108 slaves living in Orange County on plantations such as the Cameron Plantation in Hillsborough; and WHEREAS, Juneteenth has been declared a paid holiday by the governing bodies of Orange County, the Town of Chapel Hill, the Town of Carrboro, the Town of Hillsborough, the Orange County School District and the Chapel Hill-Carrboro City School District; and WHEREAS, slavery was not officially abolished until ratification of the Thirteenth Amendment to the United States Constitution by the required 27 of the then 36 states on Dec. 6, 1865, and the abolishment of slavery and involuntary servitude, except as punishment for a crime, was proclaimed on Dec. 18, 1865; and WHEREAS, the Town of Hillsborough recognizes that while the Emancipation Proclamation and the Thirteenth Amendment may have officially ended the legal practice of enslaving human beings in the United States of America, 156 years later, there is still progress which must be made to dismantle the insidious systems and practices of white supremacy and systemic racism, the foundations of which were laid by the enslavement of Black people; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim that Hillsborough honors the perseverance and hope that inspired African Americans to celebrate freedom, to look for lost relatives, and to thrive in a hostile and white supremacist environment and that Hillsborough recognizes Juneteenth as an important date in American history. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 14th day of June in the year 2021. Jenn Weaver, Mayor Town of Hillsborough Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: April 15, 2021 For Clerk’s Use Only AGENDA ITEM # 5.F Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance amending Unified Development Ordinance Sections 7.5 – limiting the requirement to combine nonconforming lots Attachment(s): 1. Draft consistency statement and draft amending ordinance 2. PB minutes Brief Summary: This amendment was requested by Habitat for Humanity and sponsored by the Planning Board. Action Requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background Information & Issue Summary: Financial Impacts: Staff Recommendations/Comments: 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 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: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 www.hillsboroughnc.gov | @HillsboroughGov Planning Board Minutes | 1 of 1 Draft Minutes Planning Board Remote regular meeting 7 p.m. May 20, 2021 Present: Chair Chris Johnston, Vice Chair Jenn Sykes, Christopher Austin, Frank Casadonte, Lisa Frazier, Alyse Polly, and Scott Taylor Absent: Hooper Schultz and Jeff Scott 4. Recommendations to town board of public hearing items B. Unified Development Ordinance: Amendments to Section 7.5 – Limit requirement to combine undeveloped contiguous non-conforming lots Johnston asked to recuse himself from Item 4A because his wife works for the applicant requesting the amendment, Habitat for Humanity of Orange County. Motion: Sykes moved to allow Johnston to recuse himself from Item 4B. Taylor seconded. Hauth called the roll for voting. Vote: 6-0. Ayes: Austin, Casadonte, Frazier, Polly, Sykes and Taylor. Nays: None. Sykes introduced Item 4A. Hauth said the proposed change would limit the circumstances in which adjoining, undeveloped, contiguous non-conforming lots need to be combined into less-non-conforming lots. Hauth said the change would remove the requirement that one of the newly combined lots be developed and that all lots be 50 feet wide; the proposed language would require only that the newly combined lots be 40 feet wide. Hauth said the change would provide more flexibility, noting that Habitat for Humanity of Orange County had requested the change in order to serve one more family. Hauth added there are not many vacant lots left in town that were platted out in small increments, and so the change likely will not have a large impact. Applicant Richard Turlington arrived at 7:48 p.m. Sykes asked the board members for their questions and comments. There was none. Motion: Frazier moved to recommend approval of the text amendment as written. Austin seconded. Hauth called the roll for voting. Vote: 6-0. Ayes: Austin, Casadonte, Frazier, Polly, Sykes and Taylor. Nays: None. Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: April 15, 2021 For Clerk’s Use Only AGENDA ITEM # 5.G Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance amending Unified Development Ordinance Sections 5.1.6 and 5.1.7, Table of permissible uses Attachment(s): 1. Draft consistency statement and draft amending ordinance 2. PB minutes Brief Summary: This item was discussed at the April public hearing. There was limited discussion. Along with updating reviews and where uses are permitted, these amendments bring the ordinance into compliance with NCGS 160D requirements. Action Requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background Information & Issue Summary: Financial Impacts: Staff Recommendations/Comments: 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 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: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk Hillsborough Unified Development Ordinance Section 5: Use Standards | 5-6 5.1.7 TABLE: USE TABLE FOR RESIDENTIAL DISTRICTS P = Permitted by Right SUP = Permitted with a Special Use Permit + = When also in the Plus Overlay district AR R-40 R-20 R-15 R-10 MF MHP PW PWCA MFSU ALN RSU Adult Day Care SUP Adult Use Artisan Studio SUP Bank & Financial Institution Bar Bed and Breakfast Facility P P SUP SUP SUP Botanical Garden & Arboretum P Building/Trade Contractor’s office Cemetery SUP SUP SUP SUP SUP Child Day Care SUP SUP SUP SUP Church, Place of worship SUP SUP SUP SUP SUP SUP SUP SUP SUP Detention Facility Dwelling: Accessory P P P P P P P SUP SUP SUP Dwelling: Attached (1-4 units) P P P P P P SUP SUP SUP Dwelling: Attached (5-19 units) P P P P SUP SUP SUP Dwelling: Attached (20+ units) SUP SUP SUP SUP SUP P SUP SUP SUP Dwelling: Mobile Home A P P P P P P Dwelling: Mobile Home B + P Dwelling: Mobile Home C P Dwelling: Single-family P P P P P P P P P P P SUP Electronic Gaming Operation Event Center Extended Care Facility SUP Family Care Home P P P P P P P Family Child Care Home P P SUP SUP SUP Farm, Bona fide P P Farmer's Market Flex Space Hillsborough Unified Development Ordinance Section 5: Use Standards | 5-7 5.1.7 TABLE: USE TABLE FOR RESIDENTIAL DISTRICTS P = Permitted by Right SUP = Permitted with a Special Use Permit + = When also in th e Plus Overlay district AR R-40 R-20 R-15 R-10 MF MHP PW PWCA MFSU ALN RSU Food Preparation Business Funeral Home Gallery/Museum SUP Government Maintenance Yard Greenhouses/Nursery P Group Care Facility P P P P P Health Care Facility Health/Fitness Club Homeless Shelter SUP SUP SUP SUP SUP SUP SUP Hospitals Hotels & Motels Junkyard/Outside Storage of Junked or Wrecked Motor Vehicles Kennels, Boarding SUP Library Manufacturing Complex Meeting Facility SUP Mobile Home Park P Motor Vehicle Fuel Station Motor Vehicle Maintenance, & Service Motor Vehicle Repair Motor Vehicle Sales & Rentals Office operations Offices and professional services Order Fulfillment Center Outlet sales Hillsborough Unified Development Ordinance Section 5: Use Standards | 5-8 5.1.7 TABLE: USE TABLE FOR RESIDENTIAL DISTRICTS P = Permitted by Right SUP = Permitted with a Special Use Permit + = When also in th e Plus Overlay district AR R-40 R-20 R-15 R-10 MF MHP PW PWCA MFSU ALN RSU Park, Athletic or Community SUP SUP SUP SUP SUP Park, Cultural or Natural P P P P P P P Park, Neighborhood P P P P P P P Park and Ride Facility Parking as Principal Use, Surface or Structure Performance Facility Personal service business SUP Petroleum Products (storage & distribution) Pharmacy, Convenience Pharmacy, Retail Postal and Parcel Delivery Services Processing Facility Public Safety Services P P P P P Public Utilities SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP Recreational Facilities Research Facility Research Facility, Intense Restaurant Restaurant, Convenience Retail sales/rentals of goods with outside display/storage of merchandise Retail sales/rentals of goods within wholly enclosed structure School: Art & Music School: Dance, Martial Arts Hillsborough Unified Development Ordinance Section 5: Use Standards | 5-9 5.1.7 TABLE: USE TABLE FOR RESIDENTIAL DISTRICTS P = Permitted by Right SUP = Permitted with a Special Use Permit + = When also in th e Plus Overlay district AR R-40 R-20 R-15 R-10 MF MHP PW PWCA MFSU ALN RSU School: Elementary, Middle & Secondary School: Higher Education School: Vocational Storage & Warehousing: Inside building, excluding explosives & hazardous wastes Storage & Warehousing: Outside Storage & Warehousing: Self Telecommunication Tower SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP Temporary Family Health Care Structure P P P P P Transit Passenger Terminal Transmission Lines SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP Veterinarian/Animal Hospital Wholesale sales, indoor Wholesale sales, with outdoor storage/display Hillsborough Unified Development Ordinance Section 5: Use Standards | 5-10 5.1.8 TABLE: USE TABLE FOR NON-RESIDENTIAL DISTRICTS P = Permitted by Right SUP = Permitted with a Special Use Permit PA = Permitted as accessory use * = Refer to 5.2.47 LO NB OI CC GC HIC ARU BP EDD LI GI ESU NBSU SDSU Adult Day Care P P SUP SUP SUP Adult Use SUP Artisan Studio P P P P P P P P P P P SUP SUP SUP Bank & Financial Institution P P SUP P P P P SUP SUP Bar P P P P P SUP SUP Bed and Breakfast Facility Botanical Garden & Arboretum P P P P P P P SUP Building/Trade Contractor’s office P P P P P P P SUP Cemetery SUP SUP Child Day Care P P P P P P P SUP SUP SUP Church, Place of worship P P P P P SUP SUP SUP Detention Facility SUP SUP Dwelling: Accessory P P P P P P SUP SUP SUP Dwelling: Attached (1-4 units) P P SUP SUP SUP SUP Dwelling: Attached (5-19 units) P P SUP SUP SUP Dwelling: Attached (20+ units) SUP P SUP SUP SUP Dwelling: Mobile Home A Dwelling: Mobile Home B Dwelling: Mobile Home C Dwelling: Single-family P P P P P SUP SUP SUP Electronic Gaming Operation PA PA PA/SUP PA/SUP SUP Event Center P SUP P P P P P SUP SUP SUP Extended Care Facility P P SUP SUP Family Care Home SUP SUP SUP Family Child Care Home SUP Farm, Bona fide Farmer's Market P P P P P P P P P SUP SUP Flex Space P P P P P P SUP SUP Hillsborough Unified Development Ordinance Section 5: Use Standards | 5-11 5.1.8 TABLE: USE TABLE FOR NON-RESIDENTIAL DISTRICTS P = Permitted by Right SUP = Permitted with a Special Use Permit PA = Permitted as accessory use * = Refer to 5.2.47 LO NB OI CC GC HIC ARU BP EDD LI GI ESU NBSU SDSU Food Preparation Business P P P P P P SUP SUP Funeral Home P P P P P P SUP SUP SUP Gallery/Museum P P P P P P P SUP SUP SUP Government Maintenance Yard SUP SUP SUP Greenhouses/Nursery P P P SUP SUP Group Care Facility Health Care Facility P P P P P P P SUP SUP SUP Health/Fitness Club P P P P P SUP SUP SUP Homeless Shelter SUP SUP SUP SUP SUP SUP SUP SUP Hospitals SUP SUP Hotels & Motels P P P P P P P SUP SUP Junkyard/Outside Storage of Junked or Wrecked Motor Vehicles SUP Kennels, Boarding SUP SUP Library P P P P P P SUP SUP SUP Manufacturing Complex P P P P P Meeting Facility P P P P P P P P SUP SUP SUP Mobile Home Park Motor Vehicle Fuel Station SUP P SUP SUP SUP SUP Motor Vehicle Maintenance, & Service SUP P SUP SUP SUP Motor Vehicle Repair SUP P P P Motor Vehicle Sales & Rentals SUP P SUP Office operations P P P P P P P P P SUP SUP SUP Offices and professional services P P P P P P P P P SUP SUP SUP Order Fulfillment Center P P P P P P SUP SUP Outlet sales P P P P SUP Hillsborough Unified Development Ordinance Section 5: Use Standards | 5-12 5.1.8 TABLE: USE TABLE FOR NON-RESIDENTIAL DISTRICTS P = Permitted by Right SUP = Permitted with a Special Use Permit PA = Permitted as accessory use * = Refer to 5.2.47 LO NB OI CC GC HIC ARU BP EDD LI GI ESU NBSU SDSU Park, Athletic or Community SUP P P P P P SUP SUP Park, Cultural or Natural P P P P P SUP SUP Park, Neighborhood SUP SUP Park and Ride Facility P P P P P P P P P P P SUP SUP SUP Parking as Principal Use, Surface or Structure P P P P P P SUP SUP Performance Facility P P P P P P P SUP SUP SUP Personal service business P P P P P P P P P SUP SUP SUP Petroleum Products (storage & distribution) SUP Pharmacy, Convenience SUP P SUP SUP Pharmacy, Retail P P P P P SUP SUP Postal and Parcel Delivery Services P P P P P P P Processing Facility SUP SUP SUP Public Safety Services P P P P P P P P P P P SUP SUP SUP Public Utilities SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP Recreational Facilities SUP P P P P P SUP SUP SUP Research Facility P P P P P P P P SUP Research Facility, Intense SUP SUP P P SUP Restaurant P P P P P P P SUP SUP SUP Restaurant, Convenience SUP P P SUP SUP Retail sales/rentals of goods with outside display/storage of merchandise P P P P SUP SUP SUP Retail sales/rentals of goods within wholly enclosed structure P P P P P P SUP SUP SUP School: Art & Music P P P P P P P SUP SUP SUP School: Dance, Martial Arts P P P P P P P P P SUP SUP SUP Hillsborough Unified Development Ordinance Section 5: Use Standards | 5-13 5.1.8 TABLE: USE TABLE FOR NON-RESIDENTIAL DISTRICTS P = Permitted by Right SUP = Permitted with a Special Use Permit PA = Permitted as accessory use * = Refer to 5.2.47 LO NB OI CC GC HIC ARU BP EDD LI GI ESU NBSU SDSU School: Elementary, Middle & Secondary SUP SUP SUP P* SUP SUP School: Higher Education SUP SUP School: Vocational P P P P SUP Storage & Warehousing: Inside building, excluding explosives & hazardous wastes P P P P P P P SUP Storage & Warehousing: Outside P P P P Storage & Warehousing: Self P P Telecommunication Tower SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP Temporary Family Health Care Structure Transit Passenger Terminal P SUP SUP SUP SUP Transmission Lines SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP Veterinarian/Animal Hospital P P P P P SUP SUP SUP Wholesale sales, indoor P P P P P P SUP Wholesale sales, with outdoor storage/display P P 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 www.hillsboroughnc.gov | @HillsboroughGov Planning Board Minutes | 1 of 2 Minutes Planning Board Remote regular meeting 7 p.m. May 20, 2021 Present: Chair Chris Johnston, Vice Chair Jenn Sykes, Christopher Austin, Frank Casadonte, Lisa Frazier, Alyse Polly, and Scott Taylor Absent: Hooper Schultz and Jeff Scott 4. Recommendations to town board of public hearing items C. Unified Development Ordinance: Amendments to Sections 5.1.6 and 5.1.7 – All uses in tables of permitted uses allowed by right or by special use permit Johnston introduced Item 4A. Sykes noted that Hauth had reviewed Items 4C and 4D with the Board of Adjustment at that board’s May 12 meeting. Sykes said the Board of Adjustment members generally did not have comments or concerns about Item 4C and are planning to review it thoroughly. Hauth noted one change since the April 22 public hearing. Regarding building and trade contractor’s offices, Hauth said that the definition of that use prohibits outside storage unless in a district where outside storage is allowed by right. Hauth said in some ways that prohibition defeats the purpose of having certain types of trade offices. She asked whether the board wants to amend that use’s definition to allow outside storage. She noted that many trade contractors would have need for some level of outside storage. Hauth said the amendment could require trade contractors to meet the requirements for what outside storage looks like. Taylor said as contractor he constantly needs outside storage. He agreed that there should be standards and limitations regarding outside storage. Taylor said that having the ability to store things outside would be a good thing for contractors. Sykes asked Hauth how wide the setbacks and buffers are for the affected zoning districts, particularly Neighborhood Business, Business Park and the Economic Development District. She noted those three districts could adjoin residential districts. Hauth confirmed outside storage would need to meet setback requirements. Hauth said Neighborhood Business districts adjacent to residential districts must observe a 15-foot setback; in the Economic Development District the setback is 25 feet; in industrial districts the setback is 50 feet; and in High Intensity Commercial and General Commercial districts the setback is between 20 and 30 feet. She said Business Park districts and the Economic Development District also require buffers between 15 and 20 feet wide when adjacent to residential districts. Sykes said the buffers and setbacks seem adequate. Planning Board Minutes | 2 of 2 Johnston asked Hauth why the ordinance originally had been written to prohibit outside storage unless in a district where it is allowed by right. Hauth said the requirement was added when the building and trade contractor’s office use was added. She said staff initially had struggled with how to classify the use. Hauth added that the town always has been skittish about outside storage, noting that some previous uses that no longer exist had unattractive outside storage. Hauth said the standards for outside storage are robust and require screening. Sykes said screening could be the solution to any setback or buffer issues. Casadonte said he is comfortable with allowing outside storage as long as it meets guidelines. Hauth briefly reviewed the outside storage standards: outside storage must be located behind the building; outside storage must be screened from adjacent property and the public right of way with a solid screen at least 6 feet tall; solid screens may be one or a combination of fences, walls, vegetation, topographical change and berms; fences and walls must be opaque; vegetation must be kept in healthy condition; solid waste and hazardous materials cannot be stored; and the outside storage must be defined on the site plan provided to the town. Johnston asked the board members to nod if they feel comfortable amending the building and trade contractor’s offices use to allow outside storage. There was a nod of heads. Motion: Sykes moved to recommend approval of the text amendment as submitted by staff to define all uses in the permitted use table as allowed by right or by special use permit. Polly seconded. Hauth called the roll for voting. Vote: 7-0. Ayes: Austin, Casadonte, Frazier, Johnston, Polly, Sykes and Taylor. Nays: None. Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Administration/HR Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.H Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: ITEM TO BE CONSIDERED Subject: Reclassification and pay amendment – utilities analyst position to civil engineer Attachment(s): 1. Proposed civil engineer job description 2. Current utilities analyst job description 3. Salary schedule with proposed civil engineer position Brief Summary: The needs of the Utilities Department have changed over the years. Utilities Director Marie Strandwitz identified that having a higher-level civil engineer position would better benefit and support the department’s operations. The civil engineer position will not only support Utilities, but also Public Works, Public Space, and Stormwater. This position will be reclassified from Grade 7, salary range $43,914-$70,262 to Grade 14, with a salary range of $58,849-$94,158. The reclassified position will initially be funded 80% in Utilities, 10% Stormwater, and 10% Public Works. The proposed civil engineer position duties and responsibilities are detailed in the attached civil engineer job description. Action Requested: Approve reclassification of utilities analyst position to civil engineer. ISSUE OVERVIEW Background Information & Issue Summary: Utilities Analyst Julie Laws retired at the end of May. Her position duties as well as the Utilities Department’s needs have changed over the years. Once Julie announced her retirement, Utilities Director, Marie Strandwitz, analyzed the needs of the department and the soon to be vacant utilities analyst position and realized the town would benefit more with a higher-level civil engineer position than the utilities analyst position. Financial Impacts: Estimated cost increase of $12,638 for salary Staff Recommendations/Comments: Civil Engineer Class Code: Established Date: SALARY RANGE $58,849-$94,158 Annually GENERAL STATEMENT OF JOB: Performs highly responsible professional, technical, engineering and administrative duties in support of the town’s Utilities, Stormwater, Public Works and Public Space department missions and policies with the position being part of and mainly engaged with the Utilities Department and supporting the Stormwater, Public Works and Public Space aspects, as desired by those Departments. SPECIFIC DUTIES AND RESPONSIBILITIES: ESSENTIAL FUNCTIONS The following duties are representative of this position, which is intended to be a supporting role. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. • Perform detailed plan review of development plans and construction plans and specifications for compliance with established engineering standards and town design vision and goals in areas such as water, sanitary sewer, stormwater, streets and sidewalk, pump stations and notes conflicts • Serves on Technical Review Committee for review and comment preparation of development plans; participates in pre-development meetings; • Provides customer service to town staff, customers, regulatory officials, the development community, contractors and other stakeholders for issues and inquiries, information, processes, and technical guidance • Interacts with staff from various departments, consulting engineers, other utilities and governments to recommend solutions to site-specific problems; • Assists inspectors with sewer system closed-circuit television (CCTV) reviews and provides technical guidance to inspectors, when needed; • Represents the town and oversees the Water and Sewer Advisory Committee (WSAC), a citizen volunteer committee focused on water and sewer rates, including advertising meetings, gathering and presenting information, organizing and attending evening meetings, creating minutes, and helping select replacement members; • Leads preparation and reporting of various regulatory information to the public and the regulatory agencies for the Utilities Department, or other Departments as requested; • Helps develop the Utilities Department Capital Improvement Plan and other budget items and asset management related to water and sanitary sewer systems; • May serve as the engineering point of contact for capital improvement projects for water and sewer, stormwater, public spaces and streets, including: • collecting and providing field data and cost estimates, • preparing requests for qualifications to select engineering, architectural or survey firms, evaluating submittals and selection, • reviewing project manuals and drawings, • negotiating easements and review easement plats, • preparing and reviewing permit and encroachment applications, • organizing, advertising and attending bid and construction phase meetings, • reviewing bids and cost estimates, • having contracts and other required documents executed, • monitoring and visiting project sites periodically, • working with professional consultants, construction administrators and inspectors throughout projects, • may serve as construction administrator for smaller town projects; • Analyzes or trends various engineering and consumption billing data, draws conclusions, prepares reports and makes recommendations on findings; • Participates in and is member of various professional organizations on behalf of the town; • Helps determine available capacity for new development, coordinates with Planning Department on development projections related to capacity; • Prepares utility fee invoices, communicates with Finance Department on invoicing and receipts for fees, tracks fee payments; • Creates or updates standards, policies, details, specifications and ordinances related to infrastructure design, construction, operation or maintenance;; • Initiate’s ways to streamline tasks for the Utilities Department regarding data collection, communications, operations, organization and processes; • Approves Orange County building permits on behalf of the Utilities Department after ensuring all requirements are met; • Updates or performs modifications to geographic information system (GIS) and Utility Cloud (work order asset management system) with new infrastructure and workflows, exports and analyzes data or prepares maps; • May assist other department divisions and town departments on various engineering related studies, tasks and procurements;. • Participates in citizen tours of plants or reservoir and/or other citizen engagement activities; • Provides Utilities Department project or engineering information to Public Information Office for website or press releases; • Performs other related duties as required; and • Reports to, supports and advises the Utilities Director or other Department Heads, Supervisors, Town Manager and officials on certain public works and public utilities projects, may attend and present at occasional town board meetings and workshops. MINIMUM TRAINING AND EXPERIENCE: Education and Experience: • A four-year degree in Civil Engineering or related engineering field from an Accreditation Board for Engineering and Technology (ABET) accredited college or university • At least five years of engineering experience preferably in the public sector with an emphasis on plan review of water, sewer, stormwater and roads, development processes, contract administration and construction management methods; • Any equivalent combination of training and experience, which provides the required knowledge, skills, and abilities. Licensure, Certification, and Specialized Training: • A current North Carolina Professional Engineering License • North Carolina Driver's License and acceptable driving record • ESRI GIS and ArcGIS Online creator or editor experience • Water and sewer system modeling software experience, preferred • Autocad design software experience, preferred • Familiarity with the North Carolina Stormwater Design Manual and the Minimum Design Criteria (MDC), preferred • Stormwater BMP Inspection and Maintenance Certification or similar certification, preferred • For sewer CCTV video, a National Association of Sewer Service Companies (NAASCO), Pipeline Assessment Certification Program (PACP), Manhole Assessment Certification Program (MACP) and Lateral Assessment Certification Program (LACP) Certification, preferred Working Conditions and Physical Requirements: • Work is generally in an office setting with occasional field work with exposure to variable weather conditions and hazards associated with construction sites. • Must be physically able to operate a variety of automated office machines and equipment. • Must be able to perform the physical life functions of reaching, fingering, pushing pulling, grasping, talking, hearing and repetitive motions. • Must be able to perform light work exerting up to 20 pounds of force occasionally; up to 10 pounds of force frequently and/or constantly. • Must possess visual acuity to produce and review written reports and records including mathematical calculations, operate a computer terminal, analyze data, and to read maps, schematic drawings and plans. PERFORMANCE INDICATORS: Knowledge, Skills and Abilities: • Civil engineering design principles and engineering practices as applied to departmental functions • Engineering field work, drafting, engineering design and inspections • Using civil engineering instruments and equipment • Methods, procedures and policies of the town, including town code, employee handbook, policy and procedure manuals, contracts, publications and reference texts, etc. • Interpret town standards for water and sanitary sewer, stormwater and road design and construction • Federal, state, and local laws, policies and design criteria for water, sewer, stormwater, streets and sidewalk, and pumping stations including NC General Statutes, NC Administrative Code, OSHA regulations, NC Division of Water Quality regulations, NC Department of Environmental Quality regulations, NC DOT regulations and other codes, laws, and regulations. • Understand and follow safety policies, procedures and practices • Planning and construction principles, storage, installation and acceptance testing procedures and practices of water systems, wastewater systems, public works, public spaces, and stormwater management. • Functions and interrelationships of the town and other governmental agencies. • Interpret and prepare complex and detailed records and reports. • Strong organizational, human relations, interpersonal and technical skills. • Strong written and oral communication skills including public speaking and conflict resolution. • Mathematical ability to handle required calculations. • Use and maintain a variety of office equipment including calculator, computer, printer, shredder, copier, scanner, fax machine, telephone, and any other equipment as necessary to complete essential functions. • Use a variety of word processing, spreadsheet, database, or other system software, such as Microsoft Office, ESRI GIS, water and sewer modeling software, Utility Cloud, internet search engines, etc. • Produce quality work, which requires constant attention to detail. • Analyze and recognize problems and potential problems and recommend appropriate solutions. • Read, interpret, and apply policies, procedure, rules, regulations and other complex materials; ensure compliance with all laws and regulations. • Assemble and analyze information and make written reports and documents in a clear, concise, and effective manner. • Read, understand and interpret blueprints and utility related maps and charts. • Establish and maintain effective working relationships, and effectively communicate with other employees, elected officials, town management, business owners, contractors, and vendors. • Work in a professional manner and provide information and assistance, representing the town government in a positive light at all times. • Perform duties and complete responsibilities under a degree of stress related to meeting tight deadlines; react calmly and quickly in emergencies. • Use independent judgment and discretion in working with various programs including the handling of emergency situations, determining procedures, setting priorities, maintaining standards, planning for future needs and resolving problems. • Make swift, sound, and educated decisions. • Exercise confidentiality and discretion for legal, politically sensitive or private economic development items. OTHER REQUIREMENTS: Safety sensitive: This position is safety-sensitive and is subject to random drug testing. FLSA: This position is exempt under the Fair Labor Standards Act. DISCLAIMER: This job description is not an employment agreement or contract. Management has the exclusive right to alter this job description at any time without notice. Utilities Analyst Class Code: 0710 TOWN OF HILLSBOROUGH Revision Date: Oct 3, 2016 SALARY RANGE $41,823.00 - $66,916.00 Annually GENERAL STATEMENT OF JOB: The purpose of this classification is to provide administrative support for the various town departments, primarily the engineering and utilities, and analyze data regarding the town's water and sewer systems; serves as office manager for the town hall. SPECIFIC DUTIES AND RESPONSIBILITIES: ESSENTIAL FUNCTIONS The following duties are representative of this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Collects, analyzes, and maintains data for the water and sewer system; prepares and submits various reports on water and sewer activities to the state and the public. Communicates with various agency representatives and the public via phone, email, and in person. Researches property and GIS records, plats, and deeds to determine easements and ownership of properties. Manages town hall, Singer and Breeze buildings and properties, including equipment maintenance and office supply management; prepares, submits, and administers budget for the town hall campus; manages contracts for large expenditures. Serves as Gold Park reservation administrator; accepts payments and approves reservations. Provides customer service support for the engineering and utilities departments; serves as primary contact for the departments for information about water/sewer availability, fees, etc.; manages utilities facebook page. Provides administrative support for the engineering and utilities departments; monitors certification requirements; updates and maintains the town's water systems management plan and operations and maintenance plans; assists in the preparation of specification booklets for bid projects; writes, designs, and prints the Consumer Confidence Report and the annual report on the water and wastewater collection system. Serves as secretary to the Water Sewer Advisory Committee; prepares and distributes agenda, minutes, and other documentation necessary to meetings; posts agenda and minutes to town website. Performs and/or maintains water and sewer audits. Assists other town departments with programs, such as the Citizens Academy. Performs other related duties as required. MINIMUM TRAINING AND EXPERIENCE: Education and Experience: Requires an Associate's Degree and 2 years of experience; or any equivalent combination of training and experience, which provides the required knowledge, skills, and abilities. Licensure, Certification, and Specialized Training: NC Driver's License Notary Public preferred Working Conditions and Physical Requirements: Must be physically able to operate a variety of automated office machines and equipment. Must be able to exert moderate, though not constant physical effort, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and which involves some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight of up to 25 pounds. PERFORMANCE INDICATORS: Knowledge: Methods, procedures and policies of the town, including town code, employee handbook, policy and procedure manuals, contracts, publications and reference texts, etc. Federal, state, and local laws and policies concerning water and sewer systems including NC General Statutes, NC Administrative Code, OSHA regulations, NC Division of Water Quality regulations, NC Department of Environment and Natural Resources regulations, and other codes, laws, and regulations. Functions and interrelationships of the town and other governmental agencies. Modern office practices and use of equipment. Methods and procedures for researching program documents and narrative materials, and to compile reports from information gathered. Skills: Strong organizational, interpersonal and technical skills. Strong written and oral communication skills. Mathematical ability to handle required calculations. Use and maintain a variety of office equipment including calculator, computer, printer, shredder, copier, scanner, fax machine, telephone, and any other equipment as necessary to complete essential functions. Use a variety of word processing, spreadsheet, database, or other system software, such as Microsoft Office and O365, Utility Cloud, internet search engines, etc. Abilities: Plan and develop daily, short- and long-term goals; handle multiple assignments simultaneously. Produce quality work, which requires constant attention to detail. Read, interpret, and apply policies, procedure, rules, regulations and other complex materials. Assemble and analyze information and make written reports and documents in a clear, concise, and effective manner. Read, understand and interpret blue prints and utility related maps and charts. Perform work activities in a safe manner, in accordance with OSHA regulations. Establish and maintain effective working relationships, and effectively communicate with other employees, elected officials, town management, business owners, contractors, and vendors. Work with the public in a professional manner and provide information and assistance, representing the town government in a positive light at all times. Perform duties and complete responsibilities under a degree of stress related to meeting tight deadlines; react calmly and quickly in emergencies. Use independent judgment and discretion in working with various programs including the handling of emergency situations, determining procedures, setting priorities, maintaining standards, planning for future needs and resolving problems. OTHER REQUIREMENTS: Safety sensitive: This position is not considered to be safety-sensitive. FLSA: This position is non-exempt under the Fair Labor Standards Act. Disclaimer: This job description is not an employment agreement or contract. Management has the exclusive right to alter this job description at any time without notice. Town of Hillsborough FY 2020-21 Classification and Pay Plan Classes by Salary Grades Salary  Grade Minimum Midpoint Maximum FLSA  Status Class  Code Classification 1 31,209               40,571           49,934             N 0100 CUSTOMER SERVICE REPRESENTATIVE 1 31,209               40,571           49,934             N 0101 METER SERVICES TECHNICIAN 1 31,209               40,571           49,934             N 0102 UTILITY MAINTENANCE TECHNICIAN I 2 32,769               42,600           52,431             N 0204 ACCOUNTS PAYABLE TECHNICIAN 2 32,769               42,600           52,431             N 0205 ADMINISTRATIVE SUPPORT SPECIALIST 2 32,769               42,600           52,431             N 0206 EQUIPMENT OPERATOR I 2 32,769               42,600           52,431             N 0207 UTILITY MAINTENANCE TECHNICIAN II 2 32,769               42,600           52,431             N 0208 LEAD CUSTOMER SERVICE REPRESENTATIVE 3 34,408               44,730           55,052             N 0304 EQUIPMENT OPERATOR II 3 34,408               44,730           55,052             N 0305 SENIOR ADMINISTRATIVE SUPPORT SPECIALIST 3 34,408               44,730           55,052             N 0306 UTILITY BILLING SPECIALIST 3 34,408               44,730           55,052             N 0307 UTILITY MAINTENANCE TECHNICIAN III 3 34,408               44,730           55,052             N 0308 WASTEWATER PLANT OPERATOR I 3 34,408               44,730           55,052             N 0309 WATER PLANT OPERATOR I 4 36,128               46,967           57,805             N 0403 CREW LEADER/EQUIPMENT OPERATOR III 4 36,128               46,967           57,805             N 0404 BUDGET TECHNICIAN 4 36,128               46,967           57,805             N 0405 PLANNING TECHNICIAN 4 36,128               46,967           57,805             N 0406 UTILITY SYSTEMS MECHANIC I 4 36,128               46,967           57,805             N 0407 WASTEWATER PLANT OPERATOR II 4 36,128               46,967           57,805             N 0408 WATER PLANT OPERATOR II 4 36,128               46,967           57,805             N 0409 PLANT MAINTENANCE MECHANIC I 5 37,934               49,315           60,695             N 0507 ACCOUNTING TECHNICIAN 5 37,934               49,315           60,695             N 0508 HR TECHNICIAN/DEPUTY TOWN CLERK 5 37,934               49,315           60,695             N 0509 UTILITY SYSTEMS MECHANIC II 5 37,934               49,315           60,695             N 0510 PLANT MAINTENANCE MECHANIC II 6 39,831               51,781           63,730             N 0608 LABORATORY TECHNICIAN/WATER PLANT OPERATOR III 6 39,831               51,781           63,730             N 0609 UTILITY SYSTEMS MECHANIC III 6 39,831               51,781           63,730             N 0610 WASTEWATER LABORATORY SUPERVISOR 6 39,831               51,781           63,730             N 0611 WASTEWATER PLANT OPERATOR III 6 39,831               51,781           63,730             N 0612 WATER PLANT OPERATOR III 6 39,831               51,781           63,730             N 0613 PLANT MAINTENANCE MECHANIC III 7 41,823               54,370           66,916             N 0708 BACKFLOW/FOG SPECIALIST 7 41,823               54,370           66,916             N 0709 FIRE INSPECTOR 7 41,823               54,370           66,916             N 0711 FLEET MECHANIC 7 41,823               54,370           66,916             N 0710 UTILITIES ANALYST 8 43,914               57,088           70,262             N 0804 METER SERVICES SUPERVISOR 8 43,914               57,088           70,262             N 0805 POLICE OFFICER/POLICE OFFICER FIRST CLASS 8 43,914               57,088           70,262             N 0806 PUBLIC INFORMATION SPECIALIST 8 43,914               57,088           70,262             N 0807 STORMWATER PROGRAM COORDINATOR 9 46,110               59,942           73,775             N 0908 CHIEF WASTEWATER PLANT OPERATOR 9 46,110               59,942           73,775             N 0909 CHIEF WATER PLANT OPERATOR  9 46,110               59,942           73,775             E 0910 FINANCIAL ANALYST 9 46,110               59,942           73,775             E 0911 MANAGEMENT ANALYST 9 46,110               59,942           73,775             E 0912 PLANNER 9 46,110               59,942           73,775             N 0913 UTILITIES INSPECTOR 9 46,110               59,942           73,775             N 0914 SENIOR POLICE OFFICER 10 48,415               62,940           77,464             E 1012 BILLING & COLLECTION SUPERVISOR 10 48,415               62,940           77,464             E 1013 HUMAN RESOURCES ANALYST 10 48,415               62,940           77,464             N 1014 POLICE CORPORAL 10 48,415               62,940           77,464             E 1015 PUBLIC WORKS SUPERVISOR 10 48,415               62,940           77,464             E 1016 WEB DEVELOPER/ASSISTANT PIO Effective: 7/1/20 Amended: 8/24/20 Town of Hillsborough FY 2020-21 Classification and Pay Plan Classes by Salary Grades 10 48,415               62,940           77,464             N 1017 LEAD UTILITIES INSPECTOR 10 48,415               62,940           77,464             N 1019 MASTER POLICE OFFICER 11 50,836               66,087           81,337             E 1106 PURCHASING MANAGER 11 50,836               66,087           81,337             E 1107 UTILITY MAINTENANCE SUPERVISOR 11 50,836               66,087           81,337             E 1108 UTILITY SYSTEM SUPERVISOR 12 53,378               69,391           85,404             E 1210 ECONOMIC DEVELOPMENT PLANNER 12 53,378               69,391           85,404             E 1211 FLEET MAINTENANCE SUPERVISOR 12 53,378               69,391           85,404             N 1212 POLICE SERGEANT 12 53,378               69,391           85,404             E 1213 SENIOR PLANNER 13 56,047               72,860           89,674              14 58,849               76,504           94,158             E 1404 FIRE MARSHAL/EMERGENCY MGMT COORDINATOR 14 58,849               76,504           94,158             E 1405 POLICE LIEUTENANT 14 58,849               76,504           94,158             E 1406 PUBLIC SPACE MANAGER 14 58,849               76,504           94,158             E 1407 SAFETY & RISK MANAGER 14 58,849               76,504           94,158             E 1408 STORMWATER & ENVIRONMENTAL SERVICES MANAGER 14 58,849               76,504           94,158             E 1409 CIVIL ENGINEER 15 61,791               80,329           98,866             E 1507 UTILITY SYSTEM SUPERINTENDENT 15 61,791               80,329           98,866             E 1508 WASTEWATER PLANT SUPERINTENDENT 15 61,791               80,329           98,866             E 1509 WATER PLANT SUPERINTENDENT 16 64,881               84,345           103,809          E 1603 ASSISTANT TO THE TOWN MANAGER/DEPUTY BUDGET DIRECTOR 16 64,881               84,345           103,809          E 1604 IT MANAGER 17 68,125               88,562           109,000          E 1701 PUBLIC INFORMATION OFFICER 18 71,531               92,990           114,450           19 75,108               97,640           120,172          E 1902 PUBLIC WORKS DIRECTOR 20 78,863               102,522         126,181          E 2002 BUDGET DIRECTOR 20 78,863               102,522         126,181          E 2003 HUMAN RESOURCES DIRECTOR/TOWN CLERK 21 82,806               107,648         132,490           22 86,947               113,031         139,114           23 91,294               118,682         146,070          E 2300 CHIEF OF POLICE 23 91,294               118,682         146,070          E 2301 FINANCE DIRECTOR 23 91,294               118,682         146,070          E 2302 UTILITIES DIRECTOR 24 95,859               124,616         153,374          E 2400 ASSISTANT TOWN MANAGER/PLANNING DIRECTOR Effective: 7/1/20 Amended: 8/24/20 Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Utilities Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.I Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: K. Marie Strandwitz, PE, Utilities Director ITEM TO BE CONSIDERED Subject: Deed restriction for all town parcels surrounding the West Fork Eno Reservoir Attachment(s): 1. Deed Restriction Draft and Attachments Brief Summary: Apply a deed restriction to all town parcels surrounding the West Fork Eno reservoir to comply with state mitigation requirements to preserve buffer around the reservoir. Action Requested: Approve deed restriction for execution and recording. ISSUE OVERVIEW Background Information & Issue Summary: When the reservoir, phases 1 and 2, were first permitted over 20 years ago, the state required the town to preserve a 100-foot buffer around the phase 2 elevation of 642.2 feet as part of the 401-water quality certification mitigation requirements for impacting wetlands. Over the years, staff at both the state and town have changed. From historical correspondence, it was believed that the town’s purchase of the parcels surrounding the reservoir was satisfaction of this requirement. However current state regulators do not believe their condition was satisfied as the town has not preserved this buffer through recorded conservation easement or deed restriction which is something enforceable by them. To formalize what we believed to be already satisfied and provide the state with an enforceable protection designation, we have prepared a deed restriction on a template provided by the state. Approving this document will put all the town owned parcels into development and use restrictions as outlined in the attached documentation. It will only allow the town to maintain the identified access roads and dam areas that we have been using and maintaining currently. It preserves all current utility and access easements in place. The remainder of the area not inundated in phase 2 will return to its natural state with no allowable development or other uses than maintenance and operation. Currently no recreation or other access is permitted or desired by the town on these parcels, so it is thought that putting the entire parcel, even if more acreage than necessary, is the quickest and best way to address this certification condition. The formal deed restriction will require the town to post signage around the area indicating the sites are preserved. The deed restriction development has been in progress since 2019. Throughout 2020 and to date, the town has not received responsive communications from the state on its status. Given we must move forward with inundation of the reservoir when all work is completed, we have notified the state we are moving forward with the draft last presented to them at this meeting unless they state otherwise. No response has been received as of this abstract preparation. As such, the document could be modified in the future if the state does respond with further comment. Financial Impacts: Financial impacts were saved by the state allowing a blanket deed restriction instead of surveying every parcel to describe and document the 100-foot buffer, which would have been very costly and time consuming. With the deed restriction we will need to place signage, and this has been included in the FY22 budget request. Staff Recommendations/Comments: This is essentially the last item to satisfy the state certification for the reservoir construction. 1 Prepared by and return to: K. Marie Strandwitz, PE, Town of Hillsborough, PO Box 429, Hillsborough, NC 27278-0429 STATE OF NORTH CAROLINA ORANGE COUNTY DECLARATION OF DEED RESTRICTIONS TOWN OF HILLSBOROUGH WEST FORK OF ENO RESERVOIR The Town of Hillsborough is the sole owner (hereinafter “Owner”) of the real property described in Exhibit A and shown in Exhibit B attached hereto and incorporated herein by reference (hereinafter the “Property”). The Property is generally known as the West Fork of the Eno River Reservoir (“WFER”). The intent of this Declaration of Deed Restrictions (hereinafter “Declaration”) is to retain forever the naturally vegetated riparian buffer around the WFER and other natural values on the Property and prevent the use or development of the Property for any purpose other than in connection with the WFER or in any manner that would conflict with the preservation of the Property in its natural condition. The Property is subject to the conditions of the approved North Carolina Department of Environmental Quality (NCDEQ) Division of Water Resources (DWR) (hereinafter the “Division”) 401 Water Quality Certification with Additional Conditions dated November 13, 2019 - DWR Project Number 19961190, Certification 3159 originally issued October 31, 1997 (hereinafter “Certification” and shown in Exhibit E). The preservation of the Property in its unaltered state, except for the use of the WFER and/or as otherwise described in this Declaration, is a condition of the aforementioned approved Certification and therefore these Deed Restrictions may be enforced by the State of North Carolina. NOW, THEREFORE the Owner hereby unconditionally and irrevocably declares that the Property shall be held and subject to the following restrictions, covenants and conditions as set our herein, to run with the Property and be binding on all parties that have or shall have any right, title, or interest in said Property. The declaration of these restrictions is intended to carry forward in perpetuity. ARTICLE I. PROPERTY DESCRIPTION The Property consists of a forest of mature woody trees, shrub vegetation, and wetlands, in their unaltered and natural state bordering the West Fork Eno Reservoir. The Owner has provided a table of Deed References in Exhibit C to which comprises the Property to which this Declaration applies. The Owner has provided a map of all parcels and areas referenced in Exhibit B which comprises the Property and to which this Declaration applies. Within one year of the execution of this Declaration of Deed Restrictions, the Owner agrees to provide placards or permanent signs in or around the vicinity of the Property disclosing that the Property is restricted and subject to restrictions pursuant to Article III. 2 ARTICLE II. TERM These restrictions shall run with the land in perpetuity and be binding on all future owners, heirs, successors, administrators, assigns, lessees, or other occupiers and users. The Owner must file this Declaration of Deed Restrictions with the County Clerk or Orange County, North Carolina within 30 days of the date this document is signed and provide a copy of the recorded Declaration to the Division within 60 days of filing. ARTICLE III. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purposes of these restrictions is prohibited. Except for the use of the Property as the WFER or such other specific activities outlined in the Certification, the Property shall be maintained in its natural forested condition and restricted from any development or use that would impair, conflict or interfere with the conservation purposes of these restrictions. Without limiting the generality of the foregoing, the following activities and uses are always expressly prohibited on the Property, unless approved in writing and in advance by the Division. A. Disturbance of Natural Features. Any change, disturbance, or alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard, or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure of facility on or above the Property except for use in operating or maintaining the WFER as specified in Article V. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry and horticulture use of the property is prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, clearing, cutting, or mowing of trees, shrubs or other vegetation on the Property, except in compliance with maintaining the reservoir and water quality pond banks per state and federal permits. F. Roads and Trails. There shall be no construction of roads, trails, greenways or walkways on the Property, other than those related to the WFER and referenced in subsection “M” of this Declaration. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Owner as the owner of the Property. 3 H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or above ground storage tanks or other materials. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil sand gravel, rock, peat, minerals or other materials, and no change to the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality Drainage Pattern. There shall be no diking, draining dredging, channeling, filling, leveling, pumping, impounding, or related activities, or altering or tampering with water control structures or devices other than the WFER and its appurtenant structures, or disruption. Alteration of the restored, enhanced or created drainage patterns (“Water Quality Impoundments”) as described in the Division-approved mitigation plan for the Certification is expressly prohibited without prior written approval from the Division. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal or wetlands, polluting or discharging into waters springs, seeps or wetlands or use of pesticides or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by these restrictions shall be transferred pursuant to a transferable development rights scheme or cluster development agreement or otherwise. L. Vehicles. The operation of mechanized vehicles including, but not limited to, motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited except on Access Road areas per Article III. M. below. M. Access Roads. There is reserved from these restrictions unto the Owner, its heirs and assigns, a perpetual right of ingress, egress and regress over and the perpetual right to maintain and upkeep in a suitable and passable manner those certain roadways designated as “Access Road” as presented in Exhibit D. N. Easements. At the execution of this Agreement, there exists select private and public (power, communications and roadway) access easements across the properties which are reserved and presented in Exhibit C. No additional easements can be constructed on this property after the execution of this Declaration by all parties. O. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of the preservation of the Property substantially in its natural condition, or the protection of its environmental systems. 4 ARTICLE IV. PUBLIC AND PRIVATE ACCESS This Declaration does not convey to the public the right to enter the property for any purpose whatsoever. There exists select private access easements across the property on existing access paths as recorded in the Orange County Register of Deeds and noted in EXHIBIT D. No additional private access easements shall be granted by the Owner. ARTICLE V. MAINTENANCE and USE OF RESERVOIR Owner shall provide routine and emergency operation and maintenance of the WFER and related appurtenant structures on the Property as follows: A. Access and maintenance of surrounding Water Quality Ponds. B. Sediment surveys. C. Operating and maintaining the reservoir dam features including the weir, spillway, and overflow pipes, slope drains, gauges and other features. D. Maintaining the access roads and parking areas as they exist on the Property, public and private, as identified. E. Maintaining the erosion control matting and mowing of the dam slope and spillway areas. ARTICLE VI. ENFORCEMENT AND REMEDIES A. This Declaration is intended to ensure continued compliance with 401 Water Quality Certification with Additional Conditions dated November 13, 2019. (DWR Project Number 19961190, Certification 3159 originally issued October 31, 1997, EXHIBIT E) and therefore a violation of these restrictions would be a violation of the referenced 401 Water Quality Certification. This Declaration shall run with the land in perpetuity and shall be binding on all parties and all persons claiming under the Owner. B. In the event of a breach of this Declaration by the Owner or a third party working with the permission of or under the Owner, the Division must be notified immediately. If the Division becomes aware of a breach of this Agreement, the Division will notify the Owner of the breach. If the Owner fails to initiate corrective actions required by the Division or fails to complete the necessary corrective actions, the Division may undertake such actions, including legal proceedings, as are necessary to effect such corrective action. Any forbearance on the part of the Division to exercise its rights in the event of a breach of the restrictions shall not be deemed or construed to be a waiver of their rights hereunder in the event of any subsequent failure of the Owner to comply. 5 C. The Division, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the Property to determine whether the Owner, Owner’s representatives, or assigns are complying with the terms, conditions and restrictions of this Declaration. D. Nothing contained in this Declaration shall be construed to entitle DWR to bring any action against the Owner for any injury or change in the Property caused by third parties, resulting from causes beyond the Owner’s control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Owner under emergency conditions to prevent, abate or mitigate significant injury to life, damage to Property, or harm to the Property resulting from such cases. EXHIBIT A: Deed Table of all properties EXHIBIT B: Map of all parcels EXHIBIT C: List of all known easements on parcels EXHIBIT D: Map of Access Roads, Private Access Easements and other Existing Features EXHIBIT E: 401 Water Quality Certification SIGNATURE PAGE FOLLOWS 6 OWNER: TOWN OF HILLSBOROUGH, NORTH CAROLINA By: Eric J. Peterson, Town Manger Date Attest: Sarah Kimrey, Interim Town Clerk Date [TOWN SEAL] STATE OF NORTH CAROLINA COUNTY OF ___________________ I, ____________________________, a Notary Public of __________________ County and State aforesaid, do hereby certify that Town Manager Eric J. Peterson, personally known to me or proven by satisfactory evidence, personally appeared before me this day and voluntarily acknowledged the due execution of the foregoing instrument in writing for the purpose therein expressed. Witness my hand and official stamp or seal, this the ___ day of __________________, 2021. Signature of Notary Public Printed Name of Notary Public (NOTARIAL SEAL) My commission Expires: EXHIBIT A: DEED TABLE OF ALL PROPERTIES PARCEL PIN OWNER SIZE LEGAL_DESC DEEDREF 1 9847288328 HILLSBOROUGH TOWN 0.478 E/O SR 1343 P77/141 1658/43 2 9847380689 HILLSBOROUGH TOWN 5.831 E/O SR 1343 (MILL CREEK RD) 1673/343 3 9847388872 HILLSBOROUGH CITY 6.187 E/O SR 1343 P77/133 TO BECOME P/O RESERVOIR 1598/259 4 9847449620 HILLSBOROUGH CITY 1.334 E/S SR 1351 P77/137 P/O RESERVOIR 1600/290 5 9847456879 HILLSBOROUGH TOWN 1.813 N/O SR 1351 P77/139 HILLS- BOROUGH RESERVOIR 1580/28 6 9847546626 HILLSBOROUGH TOWN 0.907 N/O SR 1351 P77/139 HILLS- BOROUGH RESERVOIR 1580/28 7 9847563822 HILLSBOROUGH CITY 29.658 N/O SR 1351 P77/140 1598/230 8 9847566242 HILLSBOROUGH CITY 7.080 N/O SR 1351 P77/140 1598/230 9 9847582732 HILLSBOROUGH CITY 96.693 HILLSBOROUGH RESERVOIR P77/125 1579/559 10 9847589916 HILLSBOROUGH CITY 1.167 #D SEVERED AREA HILLSBOROUGH RESERVOIR P77/125 1579/559 11 9847599395 HILLSBOROUGH CITY 0.042 W/O SR 1004 P77/134 HILLS- BOROUGH RESERVOIR 1579/574 12 9847599436 HILLSBOROUGH CITY 0.269 #C SEVERED AREA HILLSBOROUGH RESERVOIR P77/125 1579/559 13 9847599797 HILLSBOROUGH CITY 0.093 W/O SR 1004 P77/134 HILLS- BOROUGH RESERVOIR 1579/574 14 9847650364 HILLSBOROUGH CITY 16.609 W/O SR 1004 P77/137 P/O RESERVOIR 1600/290 15 9847653100 HILLSBOROUGH CITY 118.429 P/O HILLSBOROUGH RESERVOIR P77/137 1600/290 16 9847684879 HILLSBOROUGH CITY 34.051 W/O SR 1004 PARCEL A HILLS- RESERVOIR P77/134 1579/574 17 9847692984 HILLSBOROUGH CITY 13.222 W/O SR 1004 SEVERED AREA A HILLSBOROUGH RESERVOIR P77/134 1579/574 18 9847724925 HILLSBOROUGH CITY 0.548 SM P/O HILLSBOROUGH RESERVOIR P77/144 1598/238 19 9847738700 HILLSBOROUGH CITY 73.278 P/O HILLSBOROUGH RESERVOIR P77/143 N/E SR 1351 1598/234 20 9847766890 HILLSBOROUGH CITY 9.064 W/O SR 1004 P77/137 P/O RESERVOIR 1600/290 21 9847777515 HILLSBOROUGH CITY 2.494 W/O SR 1004 P77/134 HILLS- BOROUGH RESERVOIR P77/134 1579/574 22 9847778423 HILLSBOROUGH CITY 0.626 W/O SR 1004 P77/135 1576/19 23 9847830095 HILLSBOROUGH CITY 1.937 E/O SR 1351 P77/143 1598/234 24 9847852317 HILLSBOROUGH CITY 3.735 W/O SR 1004 P77/137 P/O RESERVOIR 1600/290 25 9847863226 HILLSBOROUGH CITY 5.419 W/O SR 1004 P77/135 1576/19 26 9847920789 HILLSBOROUGH CITY 20.544 W/O SR 1004 HILLSBOROUGH RESERVOIR P77/145 1579/583 27 9847923350 HILLSBOROUGH CITY 3.877 SEVERED AREA B HILLSBOROUGH RESERVOIR P77/145 1579/583 28 9847929360 HILLSBOROUGH CITY 1.775 SEVERED AREA A HILLSBOROUGH RESERVOIR P77/145 1579/583 29 9847944240 HILLSBOROUGH CITY 78.663 W/S SR 1004 P77/146 1576/36 30 9848205905 HILLSBOROUGH CITY 2.853 W/S SR 1343 HILLSBOROUGH RESERVOIR P77/122 1579/563 31 9848300488 HILLSBOROUGH CITY 0.575 E/O SR 1343 P77/133 TO BECOME P/O RESERVOIR 1598/259 32 9848300919 HILLSBOROUGH CITY 3.738 E/S SR 1343 P77/129 HILLSBOROUGH RESERVOIR 1576/13 33 9848305917 HILLSBOROUGH CITY 10.998 S/O SR 1004 P77/128 HILLSBOROUGH RESERVOIR 1981/118 34 9848325312 HILLSBOROUGH TOWN 0.332 N/O SR 1004 P/O HILLSBOROUGH RESERVOIR 1520/357 35 9848325950 HILLSBOROUGH TOWN 0.771 HILLSBOROUGH RESERVOIR P77/121 1529/293 36 9848327620 HILLSBOROUGH TOWN 1.319 HILLSBOROUGH RESERVOIR 1533/475 37 9848336171 HILLSBOROUGH CITY 21.054 OFF SR 1004 P77/131 HILLS- BOROUGH RESERVOIR 1981/118 38 9848336171 HILLSBOROUGH CITY 0.455 OFF SR 1004 P77/131 HILLS- BOROUGH RESERVOIR 1981/118 PARCEL PIN OWNER SIZE LEGAL_DESC DEEDREF 39 9848338465 HILLSBOROUGH CITY 1.021 N/O SR 1004 SEVERED AREA A HILLSBOROUGH RESERVOIR P77/131 1981/118 40 9848340525 HILLSBOROUGH TOWN 17.180 N/O SR 1004 P77/119 2503/372 41 9848348089 HILLSBOROUGH TOWN 1.687 N/S SR 1004 TOWN OF HILLSBOROUGH RESERVOIR 1658/49 42 9848349292 HILLSBOROUGH CITY 0.150 W/O SR 1360 P77/132 P/O HILLSBOROUGH RESERVOIR 1598/246 43 9848355381 HILLSBOROUGH CITY 25.150 W/O SR 1359 P77/120 HILLSBOROUGH RESERVOIR 1598/250 44 9848400142 HILLSBOROUGH CITY 6.118 E/O SR 1343 P77/133 TO BECOME P/O RESERVOIR 1598/259 45 9848405502 HILLSBOROUGH CITY 13.612 S/O SR 1004 P77/126 HILLSBOROUGH RESERVOIR 1576/31 46 9848410383 HILLSBOROUGH CITY 0.683 OFF SR 1004 HILLSBOROUGH RESERVOIR P77/127 1981/121 47 9848410383 HILLSBOROUGH CITY 0.532 OFF SR 1004 HILLSBOROUGH RESERVOIR P77/127 1981/121 48 9848410383 HILLSBOROUGH CITY 24.828 OFF SR 1004 HILLSBOROUGH RESERVOIR P77/127 1981/121 49 9848424401 HILLSBOROUGH TOWN 4.118 N/O SR 1004 TOWN OF HILLSBOROUGH RESERVOIR 1658/49 50 9848441544 HILLSBOROUGH CITY 3.011 HILLSBOROUGH RESERVOIR P77/124 1598/242 51 9848609406 HILLSBOROUGH CITY 4.796 HILLSBOROUGH RESERVOIR P77/125 1579/559 52 9857045708 HILLSBOROUGH CITY 0.625 W/O SR 1004 P89/162 1598/225 53 9857051628 HILLSBOROUGH CITY 42.532 W/S SR 1004 P77/135 1576/19 54 9857058839 HILLSBOROUGH TOWN OF 1.454 E/S SR 1004 1562/201 55 9857138135 HILLSBOROUGH CITY 1.392 E/S SR 1004 P77/147 P/O HILLSBOROUGH RESERVOIR 1576/23 56 9857140814 HILLSBOROUGH TOWN OF 1.235 E/S SR 1004 1562/201 EXHIBIT B: MAP OF ALL PARCELS EXHIBIT C: RECORDED EASEMENT REFERENCES ON PROPERTIES BOOK PAGE 111 205 2503 375 3122 557 105 170 106 75 128 401 128 403 210 582 129 506 133 157 135 321 137 323 137 336 137 337 174 350 180 197 682 238 354 154 1023 325 BOOK PAGE 128 402 180 190 771 557 752 191 403 458 111 220 885 375 PB45 175 693 162 141 74 968 437 968 439 141 317 233 98 1257 570 260 1185 219 849 156 581 156 581 2314 443 *additional road right of way and drainage easements will be granted to NCDOT from town owned parcels for the Carr Store and Mill Creek Road improvements upon roadway completion. The parcels impacted are recorded in book 1981, page 118; book 1981, page 121; book 1579, page 565; and book 1576, page 129. EXHIBIT D: MAP OF ACCESS ROADS AND PRIVATE ACCESS EASEMENTS Access Road through Private Property 24-ft Easement Deed Book 1023 Page 326 Access Road through Private Property 20-ft Easement Deed Book 6475 Page 116 Access Road through Town Property Access Road through Town Property Access Road through Town Property Access Road through Private Property 20-ft Easement Deed Book 6445 Page 409 Efland - Cedar Grove Rd W a te r Q u a lity B M P #6 Water Quality BMP #5 W a t e r Q u a l i t y B M P #3 W a te r Q u a lity B M P #1 Sumner Easement through Town P roperty Deed Book 2503 Page 375 Access Road through Private Property 24-ft Easement Deed Book 1023 Page 325 Access Road through Town Property 60-ft Easement Deed Book 3122 Page 557 Access Road through Town Property GR AV EL PA RKIN G AREA CONCRETE SPILLWAY 1,000 0 1,000500 Feet Access Road (Private Property) Access Road (Town Property) Private Easement Through Town Property Public Road (State Maintained) Phase II Normal Reservoir Pool EL 642.2 (NAVD88), EL 643.0 (NGVD29) Phase II 100-FT Buffer Property Lines Town Parcels Scale:1:12,000 PROJECT NO. 13821015.02 WEST FORK OF ENO RESERVOIR TOWN OF HILLSBOROUGH ORANGE COUNTY, NC EXHIBIT : RESTRICTIVE DEED PARCEL AND EASEMENT MAP © Schnabel Engineering 2019 All Rights Reserved Sources: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Reservoir Boundary Derived from NCFMP LiDAR (2015), ESRI MediaKit (2010) Projection: NAD 1983 StatePlane North Carolina FIPS 3200 Feet, Property, Reservoir Boundaries, & Roads from Orange County GIS (2016) EXHIBIT E: 401 WATER QUALITY CERTIFICATION AND ADDENDUMS Board of Commissioners Agenda Abstract Form Meeting Date: ______June 14, 2021_______ Department: _________Police____________ Public Hearing: Yes No Date of Public Hearing: __________________________ For Clerk’s Use Only AGENDA ITEM # 5.J Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Chief Duane Hampton ITEM TO BE CONSIDERED Subject: Special event permit – road closure and sponsorship request for police service for Juneteenth march Attachment(s): 1. Request Brief Summary: The Juneteenth “Freedom Day” March is being held at 4 p.m. on June 20. The Northern Orange branch of the NAACP is requesting sponsorship for assistance with police presence for the road closure at the start of the event. Police support is expected to require six additional officers for four total hours. The event will require the closing of West King Street between Hassel and Cameron Streets and the intersection of King and Churton Streets for the duration of the event (approximately 1 hour). As with similar events, there will be overtime costs associated with the event, and town sponsorship is required in order for the town to absorb those costs. Action Requested: • Consider the request for sponsorship of the event and/or provide direction to staff. • Approve road closure and of town sponsorship for police support services. ISSUE OVERVIEW Background Information & Issue Summary: The Juneteenth “Freedom Day” March is part of a three-day celebration of Juneteenth being recognized as a National Holiday. Beginning June 18 in Mebane, NC, the event culminates on June 20 in Hillsborough with a march from the Margaret Lane cemetery. The march will proceed east on West Margaret Lane, north on Hassel Street, and then east on West King Street to Cameron Street. The march will cross Churton Street where it will end at the Visitors Center on East King Street at Cameron Street. Town board approval is being sought because Article III, Chapter 7, Section 19 of the Hillsborough Town Code requires the town board to approve any requests for sponsorship of police service for a special event. Additionally, road closures/blocking of roads is being requested. Financial Impacts: In order to close East and West King Streets as requested, we will need to bring a number of off-duty personnel in to block intersections and ensure the marchers are safe. We will need at least ten officers at intersections along the march route to keep vehicles from entering and then an additional officer at the intersections before and after to divert traffic. Of the 10 officers, 6 will accrue overtime pay from 3 pm-7 pm. (24 hours = est.$840.00) . Staff Recommendations/Comments: We will have to seek DOT approval to close the street as well, but we expect that to not be an issue so long as we have adequate staff to manage the closure. Logistical planning with the NAACP leading up to the event may alter the proposed street closures, however, will not impact police staffing. From:Charles White To:Sarah Kimrey Subject:FW: Juneteenth Celenration Date:Thursday, June 3, 2021 11:27:42 AM Attachments:image001.png Charles White | Lieutenant | Hillsborough Police Department | Patrol Commander | mobile: 919.730.7107 | phone: 919.296.9532 | site: www.hillsboroughnc.gov | address: 127 N. Churton St. Hillsborough, NC 27278 From: LaTarndra Strong <president@northernorangenaacp.org> Sent: June 3, 2021 10:38 To: Charles White <chip.white@hillsboroughnc.gov>; Duane Hampton <Duane.Hampton@hillsboroughnc.gov>; Jenn Weaver <Jenn.Weaver@hillsboroughnc.gov>; Phyllis Horton <secretary@northernorangenaacp.org> Subject: Re: Juneteenth Celenration Great, thank you! Sent from my T-Mobile 4G LTE Device Get Outlook for Android From: Phyllis Horton <secretary@northernorangenaacp.org> Sent: Thursday, June 3, 2021 7:01:32 AM To: LaTarndra Strong <president@northernorangenaacp.org>; chip.white@hillsboroughnc.gov <chip.white@hillsboroughnc.gov>; duane.hampton@hillsboroughnc.gov <duane.hampton@hillsboroughnc.gov>; jenn.weaver@hillsboroughnc.gov <jenn.weaver@hillsboroughnc.gov> Subject: RE: Juneteenth Celenration Greetings, Please find flyer below. Thanks. Kind Regards, Phyllis Mack Horton Secretary, Northern Orange NAACP (5427) From: LaTarndra Strong <president@northernorangenaacp.org> Sent: Thursday, June 3, 2021 9:15 AM To: chip.white@hillsboroughnc.gov; duane.hampton@hillsboroughnc.gov; jenn.weaver@hillsboroughnc.gov Subject: Juneteenth Celenration Greetings LT White I am LaTarndra Strong, President of the Northern Orange NAACP. We are planning a series of events to celebrate "Freedom Day" better know as Juneteenth. Our events will occur June 18th through June 20. I am reaching out to you because we are planning a March on June 20th. The route is planned to begin at Margaret Lane Cemetery and end at the Visitors Center. Via King Street. We have not finalize arrangements yet however I wanted to reach out to you to began conversation as we plan. My contact number is 919 432 4706. Please call to discuss police support for this March. Attached you'll find a flyer for the celebration. All the Best, La Tarndra Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Public Space Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 5.K Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Stephanie Trueblood, Public Space Manager ITEM TO BE CONSIDERED Subject: NC 86 Connector Feasibility Study (Phase II) Attachment(s): 1. NC 86 Connector Feasibility Study (Phase II) Brief Summary: Over the past year, staff worked with consultant VHB as well as project partners and contributors to develop improvements for east-west traffic movements and pedestrian connectivity between Old Hwy 86 and New 86 adjacent to the future train station site and along US 70A. The final report is submitted for town board review but will be presented for discussion and direction at a later meeting. Action Requested: Receive the study. A presentation and public discussion will follow later this summer. ISSUE OVERVIEW Background Information & Issue Summary: The area south of downtown Hillsborough is primed to experience substantial growth with the ongoing Collins Ridge residential development and mixed-use redevelopment of the nearby Daniel Boone site. Even without the traffic generated by these two sites, increasing traffic has worsened congestion on the surrounding road system. A lack of network continuity forces inefficient, out-of-direction route choices on vehicles traveling to and through the study area. East-west and north-south traffic must both share some of the same road segments. As a result, heavy conflicting turn movements create bottlenecks at critical intersections, imposing excessive delays and long backups on drivers, especially during peak travel periods. The purpose of this Phase II study is to identify and evaluate opportunities to increase connectivity and network efficiency in this area. In the last five years, various iterations of studies have tried to address this need with no definitive resolution. Knowing the outcomes of previous studies, the project team established a study process to address specific deficiencies in previous work on this connector. Building on the existing condition and traffic demand information from the Phase I study (June 2020), the team revisited the real purpose and need for the project as well as the geographic scope of the study area, resulting in the development and evaluation of potential project alternatives that meet a revised and accepted Purpose and Need statement. Integral to this re-evaluation of Purpose and Need was input and feedback from project partner agencies and project contributors from the community. The report will be presented later this summer for discussion and direction. Financial Impacts: None Staff Recommendations/Comments: The town board is asked to formally receive the final document, allowing the town and MPO to close the project at the ending of the funding year as scheduled.       Draft Corridor Study NC 86 Connector Study Phase II Hillsborough, NC   PREPARED FOR Town of Hillsborough, NC 105 E. Corbin St. Hillsborough, NC 27278 919.732.1270 PREPARED BY VHB Engineering NC, P.C. Venture 1 940 Main Campus Drive Raleigh, NC 27606 919.829.0328 June 2021       Table of Contents 1.0 Introduction ...................................................................................................................................... 2  1.1 Project Description and History .................................................................................................... 2  1.2 Study Process ................................................................................................................................ 2  2.0 Stakeholder Engagement Plan .......................................................................................................... 4  2.1 Project Partners ............................................................................................................................ 4  2.2 Project Contributors ...................................................................................................................... 4  3.0 Project Purpose and Need ................................................................................................................ 6  4.0 Existing Conditions, expanded study area ........................................................................................ 6  5.0 Network Deficiencies and Opportunities .......................................................................................... 7  5.1 Network Deficiencies .................................................................................................................... 7  5.2 Network Opportunities ................................................................................................................. 7  6.0 Development of Alternatives .......................................................................................................... 10  6.1 No‐Build Alternative .................................................................................................................... 10  6.2 Alternative 1 A & B – New location connector ........................................................................... 10  6.2.1 Typical Section .................................................................................................................... 10  6.2.2 Benefits of Alternative ........................................................................................................ 10  6.2.3 Deficiencies of Alternative .................................................................................................. 18  6.2.4 Stakeholder Input ................................................................................................................ 18  6.3 Alternative 2 – Improve Existing US 70A .................................................................................... 19  6.3.1 Typical Section .................................................................................................................... 19  6.3.2 Benefits of Alternative ........................................................................................................ 20  6.3.3 Deficiencies of Alternative .................................................................................................. 20  6.3.4 Stakeholder Input ................................................................................................................ 20  7.0 Opinion of Probable Cost ................................................................................................................ 22  8.0 Study Conclusions ........................................................................................................................... 23          List of Figures Figure 1 Project Vicinity Area ........................................................................................................................ 3  Figure 2 Area Projects ................................................................................................................................... 9  Figure 3 Proposed Alternative Centerlines ................................................................................................. 11  Figure 4 Alternative 1A – Western Extent .................................................................................................. 12  Figure 5 Alternative 1A – Eastern Extent .................................................................................................... 13  Figure 6 Alternative 1B – Eastern Extent .................................................................................................... 14  Figure 7 Alternative 2 – Western Extent ..................................................................................................... 15  Figure 8 Alternative 2 – Eastern Extent ...................................................................................................... 16  Figure 9 Typical Sections ............................................................................................................................. 17     List of Tables Table 1: Estimated Construction Costs for NC 86 Connector ..................................................................... 23  Table 2: NC 86 Connector – Alternatives Comparison Matrix .................................................................... 24      2    1.0 Introduction 1.1 Project Description and History The area south of downtown Hillsborough is primed to experience substantial growth with the ongoing Collins Ridge residential development and mixed-use redevelopment of the nearby Daniel Boone site. Even without the traffic generated by these two sites, increasing traffic has worsened congestion on the surrounding road system. A lack of network continuity forces inefficient, out-of-direction route choices on vehicles traveling to and through the study area. East-west and north-south traffic must both share some of the same road segments. As a result, heavy conflicting turn movements create bottlenecks at critical intersections, imposing excessive delays and long backups on drivers, especially during peak travel periods. The project area is shown in Figure 1. The purpose of this Phase 2 study is to identify and evaluate opportunities to increase connectivity and network efficiency in this area. In the last five years, various iterations of studies have tried to address this need with no definitive resolution. There are a number of reasons why previously studied alternatives did not gain traction as an implementable project, such as notable public opposition and lack of a defined scope that balances local access vs. regional mobility as well as the pedestrian and bicycle connectivity goals of the Town of Hillsborough. The Town of Hillsborough is growing, and the Town, must plan and prepare for smart growth as guided by the land use plans including higher density development than Hillsborough has historically experienced. Currently, the NC 86 Connector project is in the early planning stages, proactively setting the stage for a future project that can address this growth rather than reactively constructing a short-term fix that does not sustain the long-term needs of the Town. 1.2 Study Process Knowing the outcomes of previous studies, the project team established a study process to address specific deficiencies in previous work on this connector. Building on the existing condition and traffic demand information from the Phase I study (June 2020), the team revisited the real purpose and need for the project as well as the geographic scope of the study area, resulting in the development and evaluation of potential project alternatives that meet a revised and accepted Purpose and Need statement. Integral to this re-evaluation of Purpose and Need was input and feedback from project partner agencies and project contributors from the community. The details of these groups are described further in Section 2.0. Orange Grove RdOrange Grove Rd En o M o u n t a i n R d Elizabeth Brady Rd¬«86 ¬«86 ¬«86 £¤70 £¤70 §¨¦I-85 §¨¦I-40 Old NC 86 Eno R i v e r Eno River Eno RiverS Churton StFigure 1: Project Vicinity AreaI00.25 0.5 Miles Prepared by: VHB Prepared for: Town of Hillsborough Collins Ridge Town of Hillsborough Occoneechee State Natural Area BUS NC 86 Connector Study Town of Hillsborough Orange County 4    2.0 Stakeholder Engagement Plan Stakeholder engagement was of primary focus early in the project process. The project team developed an engagement strategy that targeted focused groups of stakeholders. These stakeholders were divided into two distinct groups, Project Partners and Project Contributors, as their input would be used for different purposes in developing alternatives for the project. 2.1 Project Partners The Project Partners group included agencies that will, over the course of the project’s life cycle, play an integral role to the planning, construction and maintenance of the project. Among other reasons, coordination with this group was important to establish concurrence on the Purpose and Need, to discuss coordination with future infrastructure and land development plans, and to evaluate potential project constraints beyond the physical study area (i.e., funding, maintenance). This group consisted of representatives from the following agencies or departments:  North Carolina Department of Transportation, Division 7  NCDOT Rail Division  Orange County  Durham-Chapel Hill-Carrborro MPO  North Carolina Railroad  Town of Hillsborough The project team met with this group twice over the duration of the study. The first meeting was a roundtable discussion intended to explain their role in the study, review the previous studies and designs completed for the project, and to facilitate an open discussion about the real purpose of a new east-west connector in southern Hillsborough. The second meeting occurred near the end of the study process, at which the revised Purpose and Need statement was discussed and proposed project alternatives were presented. As with the first meeting, following the presentation of materials, the floor was open to comment and discussion. 2.2 Project Contributors The Project Contributors group included residents, commercial property/business owners, and real estate representatives. Local perspective is important to help shape the character of a proposed project, building acceptance and investment from the future users and mitigating impacts to those that will be affected. The project team mailed meeting announcements to property owners and tenants in the project area. Those interested in attending a focus group meeting contacted the project team via email to receive registration instructions. The project team held eight virtual small group focus meetings or conversations to solicit input. A general takeaway from the Project Contributor outreach efforts is that there is no clear consensus or divide with relation to the proposed project among the local constituents that provided comments. Comments heard multiple times from across the groups include:  Recognize the benefit of an additional east-west connector for improved access and mobility; 5     Intersection congestion at US 70A and S. Churton Street as well as US 70A at NC 86/Elizabeth Brady Road was of concern;  Existing infrastructure on US 70A, NC 86 and S. Churton Street is sorely lacking for pedestrians and cyclists and needs upgrading;  Appreciation of opportunity to give input early in the project process and of being made aware of project planning process; and,  There is a clear need for improved north-south connectivity and capacity through town. Feedback, opinions and comments from the Project Contributors on specific presented alternatives are included in Section 6.0 as part of the alternative development discussion.   6    3.0 Project Purpose and Need Project Purpose The purpose of the NC 86 Connector is to provide more effective east-west connectivity in south Hillsborough, specifically more convenient local, multi-modal accessibility between NC 86 and S. Churton Street, as well as more direct regional connectivity between US 70A in the east and Orange Grove Road/Eno Mountain Road in the west. The project would alleviate the concentrations of traffic leading to congestion at critical bottleneck locations, including the intersections of US 70A at NC 86 as well as S. Churton Street. Project Need The need for the project is to improve the current roadway network through south Hillsborough, reducing overall travel time through the area during peak travel periods; create pedestrian and bicycle connectivity between existing facilities and infill development in south Hillsborough; and provide an alternative to I-85 as a local connector between the NC 86 and S. Churton Street. 4.0 Existing Conditions, expanded study area Building on the Phase I study, the project team expanded the study area to include the signalized US 70A at S. Churton Street intersection and to allow for a more regional review of connectivity in the Hillsborough area. The added intersection operates under congested conditions during peak travel hours, with extended queuing. This intersection is tied into the coordinated signal system along S. Churton Street, thus any improvements or geometric changes to this intersection would need to be coordinated with the future plans for S. Churton Street. The expanded study area still reflects a similar character in terms of roadway type: two-lane, undivided facilities. This is reflective of the small town feel that Hillsborough is known for and desires to maintain. Since the previous phase report, the Collins Ridge development has continued to progress, including the construction of Gold Hill Way, which runs along the north side of the development, aligning across from Orange Grove Road at S. Churton Street. Under existing conditions, this two- lane roadway extends eastward from S. Churton Street and bends southward into the Collins Ridge development, not crossing the existing railroad tracks. Should a new location connector be considered, the use of this newly constructed roadway would have to be considered for incorporation into the connector. From a more regional perspective, the existing network presents a disjointed path for traversing east-west on the south side of town, with no direct route options other than I-85 or US 70 Bypass.   7    5.0 Network Deficiencies and Opportunities By combining a review of the existing network, an understanding of local input, and coordination with partner transportation agencies, the project team identified network deficiencies and opportunities. Some of these could be directly addressed or capitalized upon through implementation of an NC 86 connector, while others are more related to the overall roadway network and would be tangentially addressed by the NC 86 connector. 5.1 Network Deficiencies The existing roadway network presents a number of identified deficiencies. Understanding these needs helped the project team to revise the purpose for the project and focus the potential project solutions. The first identified deficiency is existing congestion at the intersections of US 70A at NC 86 as well as S. Churton Street. Both locations are signalized intersections where the major movement is not always a through movement, requiring large volumes of vehicles to turn, generating conflicts and delays. Congestion at these locations could be better managed through various solutions, including a change in traffic control (i.e., conversion to roundabout) or a change in intersection configurations to handle major movements more efficiently. The lack of crossing opportunities over the North Carolina Railroad represents a major physical deficiency in the existing network. Bridging over a railroad requires a significant investment in bridge construction, right-of-way, and railroad coordination, sometimes making its inclusion in private or municipal projects cost prohibitive. As a result, the options for making east-west movements in the study area are limited, causing bottle necks at key intersections of existing east-west and north-south routes. Another area in need of improvement within the study area are the pedestrian and bicycle facilities and connectivity of the pedestrian network. The Town of Hillsborough has numerous trails and greenways that allow for connectivity without use of passenger vehicles; however, much of this network is isolated to north of the railroad tracks and the Eno River, without connection to the re-developing area south of downtown. Any project should address this deficiency, providing, at a minimum, sidewalks, but preferably also a separate mixed-use path. These facilities would ideally be included in an option that provides access over the railroad for optimal connectivity. As also mentioned previously, the existing roadway network does not provide for a fluid connection from east to west on the south side of town without the use of I-85. It is not ideal for local--or even regional commuter trips--to utilize I-85 for short distance trips. In addressing the intersection congestion deficiency, this shortfall could also be addressed if a shifting of major through movements were considered. 5.2 Network Opportunities Implementation of an NC 86 connector could capitalize on network opportunities beyond the benefit to traffic flow. A new location connector that provides an additional crossing of the railroad opens the option to draw destination traffic to existing and planned development along the corridor. Specifically, a new location connector would provide additional--although not 8    required--access for Collins Ridge and potentially the future Daniel Boone Village redevelopment via NC 86, rather than only S. Churton Street. Similarly, a new connector would provide excellent access to the planned train station east of S. Churton Street. The additional accessibility produced by a new connector would create opportunity for multi-modal connectivity and create additional opportunity for economically and environmentally sustainable mixed-use development in line with the Town’s growth vision. As mentioned in the network deficiencies section, the existing network does not provide a fluid east-west route for southern Hillsborough. As shown in Figure 2, flow through this area could become more direct in conjunction with the proposed Orange Grove Road roundabouts project that was recommended as part of the Phase I study and has since been submitted into the funding process through NCDOT. Eno River CatesCreekS Churton StOrange Grove RdElizabeth Brady Rd6/2/2021Figure 2: Area ProjectsScale Prepared by: VHB Prepared for: Town of HillsboroughI01,000 2,000Feet Legend Alternative 1A Alternative 1B Alternative 2 Eno Mtn Rd/Orange Grove Rd RABs I-0305 - I-85 Widening U-5845 - S Churton Street Widening I-5967 - Interchange Upgrade I-5984 - Interchange Upgrade §¨¦I-85§¨¦I-85 £¤70 £¤70 Date: June 2021 BUS BUS UV86 NC 86 Connector Study Town of Hillsborough Orange County 10    6.0 Development of Alternatives Three alternatives were evaluated as candidate solutions to the need for an NC 86 Connector that would improve access and mobility between S Churton Street and NC 86. Each alternative is discussed below. Their alignments are shown in Figures 3-8. 6.1 No-Build Alternative As a base condition for comparison, a No-Build alternative was evaluated. In this case, no improvements would be made to the project network. The traffic demand within the network will continue to increase with the development occurring in the Collins Ridge and Daniel Boone Village areas. Other roadway projects in the area, such as the S. Churton Street widening and I-85 interchange improvement projects, would address some of these pressures; however, a No-Build alternative would not fully address the purpose and need established for the NC 86 Connector. 6.2 Alternative 1 A & B – New location connector Alternative 1 presents a new location connector between S Churton Street and NC 86, incorporating Valley Forge Road and its existing intersection with NC 86; however, it also extends from NC 86 eastward to US 70A. This alternative proposes a roundabout at the US 70A and S Churton Street intersection. Alternative 1A proposes a traditional traffic signal at the intersection of NC 86/Valley Forge Road/New Connector, while Alternative 1B proposes a roundabout at that location. In both alternatives, the existing pavement on the current eastern leg of the Elizabeth Brady intersection is removed, creating a three-legged intersection at that location, likely to be signalized in coordination with the connector intersection to the south for Alternative 1A and operating as a stop-controlled intersection in Alternative 1B. In both cases, the existing right-turn movement from US 70A eastbound to NC 86 southbound (and its inverse, the left-turn from NC 86 northbound to US 70A westbound) would become the uninterrupted movement, making Elizabeth Brady Road southbound the minor movement. By extending to US 70A, the through movement of US 70A is shifted south onto the new connector for continuation to/from S Churton Street, reducing volume on the current US 70A route, providing secondary access for existing and planned development in and around the Collins Ridge development. 6.2.1 Typical Section Based on conversations with the Town and considering design constraints, the recommended typical section along the corridor is shown in Figure 9. Throughout the entire corridor there would be a minimum 5’ sidewalk on the south side and a 10’ shared- use path (SUP) on the north side. The roadway would consist of two 11’ travel lanes with curb-and-gutter. This connector is not proposed to be more than a two-lane facility at this time; this will allow for the new connector to match the surrounding roadway network in character and feel while providing an updated cross section that meets the needs of all user classes by including modernized pedestrian and bike facilities. 6.2.2 Benefits of Alternative This alternative effectively meets the purpose and need of the project. This new location connector also provides opportunity for improved access to development south of the railroad and east of NC 86 as discussed in Section 5.2. The change in traffic flow to ElizabethBradyRdCates Creek Eno River S Churton StOrange Gr ov e R d 6/2/2021Figure 3: Proposed Alternative CenterlinesScale NC 86 Connector Study Town of HillsboroughOrange CountyPrepared by: VHB Prepared for: Town of HillsboroughI05001,000Feet Legend Alternative 1AAlternative 1BAlternative 2 UV86 £¤70 £¤70 Date: June 2021 BUS BUS UV86 6/2/2021Figure 4: Alternative 1A - Western Extent Prepared by: VHB Prepared for: Town of HillsboroughIDate: June 2021 NC 86 Connector Study Town of Hillsborough Orange County Not to Scale 6/2/2021NC 86 Connector Study Town of HillsboroughOrange CountyPrepared by: VHB Prepared for: Town of HillsboroughIDate: June 2021 Not to Scale Figure 5: Alternative 1A - Eastern Extent 6/2/2021Prepared by: VHB Prepared for: Town of HillsboroughIDate: June 2021 NC 86 Connector Study Town of HillsboroughOrange CountyNot to Scale Figure 6: Alternative 1B - Eastern Extent 6/2/2021Prepared by: VHB Prepared for: Town of HillsboroughIDate: June 2021 Figure 7: Alternative 2 - Western Extent NC 86 Connector Study Town of Hillsborough Orange County Not to Scale 6/2/2021Prepared by: VHB Prepared for: Town of HillsboroughIDate: June 2021 Figure 8: Alternative 2 - Eastern Extent NC 86 Connector Study Town of Hillsborough Orange County Not to Scale 6/2/2021Prepared by: VHB Prepared for: Town of HillsboroughIDate: June 2021 Figure 9: Typical Sections NC 86 Connector Study Town of Hillsborough Orange County Not to Scale Alternative 2 Typical Section Alternative 1A and 1B Typical Section 18    redirect US 70A traffic onto the new connector from at NC 86 will also help to improve operations and reduce congestion at the key intersections. Drivers who were using the US 70A at S Churton Street intersection to access development on S. Churton Street needed to make a left turn at the S. Churton intersection; they would still ultimately make a left turn once at S. Churton Street, but they are now separated from northbound traffic, who are assumed to remain on exiting US 70A. The change in geometry and through movements at the Elizabeth Brady Road/US 70A intersection would also serve to reduce congestion by allowing the dominant movements (eastbound rights, northbound lefts) to become through movements, gaining green time through signal timing priority. The new location connector would, as mentioned, allow for pedestrian and bicycle facilities that meet the policies of NCDOT’s Complete Street Guidance and are in line with the values of multimodal travel that Hillsborough supports. The connector would provide connectivity from south Hillsborough across the railroad tracks and northward to the Occoneechee Speedway trailhead along Elizabeth Brady Road and the Riverwalk greenway which connects across the Eno River and into historic downtown. There are long term plans for a north-south greenway connection through south Hillsborough as well, so coordination with that plan development would produce a well-connected network within the redeveloping south Hillsborough area. 6.2.3 Deficiencies of Alternative While this alternative does fully support the vision of a new east-west connector, it also has some drawbacks. By nature of being a new location project, there are inevitable impacts to private property and natural resources; these can be mitigated appropriately through coordination with property owners and regulatory agencies, offsetting those impacts, but not negating them. Additionally, there is notable cost associated with this alternative due to the need to acquire property as well as constructing a significant structure over the railroad tracks, discussed in more detail in Section 7.0. Currently, there are plans for a realignment of the track curvature in the study area, so close coordination with NCRR as well as NCDOT Rail Division on timing and design would be critical to project implementation to optimize opportunities for cost savings, such as banking cut from the rail project on site to provide fill for the future connector project. At this time, it appears that the track realignment project is scheduled to happen before any funding would likely be available for the proposed connector project; however, this could change and should be continually revisited and updated if this alternative be carried forward as a project. 6.2.4 Stakeholder Input When presented to stakeholder groups, this alternative was met with mixed reactions. Within the Project Partner group (transportation agency representatives), there was no strong opposition to the proposed new location connector, and the additional connection to US 70 a was considered an improvement over previous project ideas. There was a balance noted between the benefits and the deficiencies. There were discussions about the impact of spurring development and making sure that the roadway was built to 19  handle that potential traffic. At this time, the Town understands what could develop along a new connector and feels comfortable that the proposed roadway would support such development. Anything at higher density or notably different use than planned would require a zoning change, providing an opportunity for the Town to adjust the project or deny the change, as found necessary. It was also noted that the DCHC MPO is proposing a study of US 70 and US 70A that would also consider this issue; findings from this NC 86 Connector study and any future actions toward project implementation should be incorporated in any US 70 study. Project Contributors (residents, businesses, and property owners) brought meaningful ideas and discussions to the table during the eight focus group meetings. Among both residents and business interests, there was agreement that a new connector provided some benefit to the existing network, specifically to the intersection congestion and the addition of pedestrian and bike facilities. Some questioned the cost versus the benefit and felt that improving existing facilities to current multimodal design standards would be a more effective expenditure of funds. Residential input tended to like the new location alternative as it is likely to reduce traffic on US 70A, but this was not a unanimous opinion. Business owners in the area felt that their locations were destination businesses, and a new connector would neither hurt nor help them; however, minimizing impact to property was a priority to them. In discussion with a representative from DR Horton, owner of Collins Ridge, concern was expressed that a new connector would introduce north-south cut through traffic that would use the Collins Ridge street network to gain “back door access” to future development, such as Daniel Boone Village, putting additional vehicular traffic on neighborhood streets. One comment that was noted in multiple conversations across Project Contributor meetings was that the proposed connector could add benefit; however, the real concern is the lack of north-south connectivity within the area. While not within the scope of this study to explore options for such an improvement, it is prudent to note this identified concern for inclusion future planning discussions for the Town. 6.3 Alternative 2 – Improve Existing US 70A Alternative 2 proposes improving the existing US 70A corridor on existing location, focusing on adding sidewalks and improvements to operations at the endpoint intersections. This alternative would provide roundabouts at both key intersections, improving flow, but not adding any new capacity to the overall network. 6.3.1 Typical Section Based on conversations with the town and considering design constraints, the typical section along the corridor is shown in Figure 9. The improvements to the US 70A corridor would include a 5’ sidewalk on the north side and no provision for a mixed-use path, to minimize ROW impacts. The roadway would consist of two 11’ travel lanes with shoulders. Appropriate swale between the pavement and sidewalk would be required to accommodate drainage needs. 20    6.3.2 Benefits of Alternative This alternative meets the purpose and need of the project, but not with the effectiveness of Alternative 1. This alternative modernizes the existing network to accommodate sidewalks, allowing safer use of the corridor by pedestrians. The change in traffic control at the endpoints from traditional signals to roundabouts would improve traffic flow at those locations but should be studied further as the project develops to ensure they don’t interfere with nearby traffic flow plans (i.e., coordinated signals on S Churton Street). Most notably, Alternative 2 would be less expensive and intrusive from an impact standpoint than Alternative 1 as there is no bridge over the railroad and right-of-way acquisitions are likely limited to parcel frontage needs only. 6.3.3 Deficiencies of Alternative This alternative does support the vision of an improved new east-west connection, specifically for pedestrians, but it does not fully address the big-picture, long-term needs of the immediate vicinity, or the region. Alternative 2 does not address or improve connectivity and accessibility for vehicles, pedestrians, or bicyclists directly into south Hillsborough, as that requires an additional crossing of the railroad in some form. Additionally, the construction of sidewalks on the US 70A corridor will require future coordination and maintenance agreements, since most of the affected roadway falls outside of Town jurisdiction. At the entrance to Tuscarora Drive are the Occoneechi Gates, a stone wall entrance that is of local importance. While not officially designated as a historic resource at the local or state level, the public has voiced concern over impact to and protection of this entry point. Future coordination and potential design exceptions should be evaluated to attempt minimization of impact to that area. While there may be some traffic flow relief at the key intersections studied, it is important to note that this alternative does not provide any additional capacity or accessibility options to the current network, including known planned developments like the train station or Collins Ridge. 6.3.4 Stakeholder Input When presented to stakeholder groups, this alternative also received mixed reactions. Stakeholders expressed that this alternative would be an improvement to the current network but would not fully address the recognized purpose and need of a connector project. Benefits to pedestrians and the minimal overall impact to properties and natural resources was noted. Some residents expressed favor for a new connector as a way to divert truck traffic off of their residential route and to reduce traffic in front of their homes or neighborhoods. Others preferred conserving resources and making improvements to existing roadways. Commercial interests generally supported the upgrade of the existing roadways. 21    As mentioned in the deficiencies section, potential impacts on the stone wall at Tuscarora Drive and general infringement on residential properties were also noted as concerns.     22    7.0 Stakeholder Engagement Summary Over the project duration, the project team had numerous engagements, calls, and meetings with identified stakeholders. Specifics from these engagements are included in Section 6, with each alternative; below are general takeaways from the stakeholder engagement process. Overall, there was no decisive or clear-cut opinions by specific group. Within each, there were proponents and opponents of each alternative, with slight overall favoring, as noted below. Project Partners The project team met two times with the project Partners Group, who approached their input from the standpoint of their respective agencies and implications to their jurisdictions. Alternatives 1A and 1B were generally well received by this group. The improvement of the existing of US 70A to accommodate sidewalks was seen as a short-term option, but less ideal to this group when thinking about the long-term needs of the area. The DCHC MPO and Orange County specifically voiced that any decisions about this corridor would be critical to account for in an upcoming US 70 corridor study from that agency. Input from the railroad representatives (NCDOT and NCRR) indicated that an option to cross the newly realigned railroad was a feasible option, assuming a bridge over the railroad. Ongoing and close coordination would be required to ensure that project timings align and to optimize any potential for banking and reusing cut/fill materials between the projects. NCDOT Rail Division also acknowledged and supported the idea that a new connector as presented would give exposure to the planned train station location, making it more accessible and viable for regular use. NCDOT Division 7 is open to the idea of a new location option, despite that as presented, they are very similar to a previously studied alternative; however, they recognized the added connectivity benefit of the extension to US 70 on the eastern end as well as the more in-depth public engagement with the Contributors group. Project Contributors - Residents The project team held two open input meetings with this group and two additional one-on-one follow up calls. The segment of the Project Contributors representing residential interests tended to favor the new connector alternative as it would lessen traffic on US 70A, which is their direct access points to driveways or neighborhoods and would not impact their personal properties. No one outwardly opposed the new location alternative. This group recognized the benefit of additional access and mobility provided by the connector. Multiple times, though, individuals mentioned that north-south connectivity was the underlying issue facing the Town. Project Contributors – Business/Commercial Property Owners The project team held two open input meetings with this group and two additional one-on-one follow up calls. The segment of the Project Contributors representing business and commercial interests were split on favoring a new connector or improving the existing roadways. Existing business owners more favored an improvement to existing while property owners with future market interests were more in favor of the new connection as it would likely increase marketability of lands available for development by adding network capacity and increased accessibility to open land. Both groups within this subset of stakeholders, though, noted that any improvements 23    should be designed to accommodate truck traffic, while also maintaining pedestrian and bike facilities.   8.0 Opinion of Probable Cost For the purposes of comparing between alternatives, planning level construction cost estimates were developed for each. These estimates account for construction quantities based on 2021 dollars. The construction estimates do not include contingencies or mobilization estimates. Additional detail on these estimates, including line-item costs and quantities, can be found in Appendix D. Table 1: Estimated Construction Costs for NC 86 Connector  Alternative Construction Cost  Alternative 1A $16.7M  Alternative 1B $17.6M  Alternative 2 $4.0M  9.0 Study Conclusions In support of smart growth and medium- to high-density redevelopment in south Hillsborough, the NC 86 Connector project team has reviewed previous work, evaluated feasible options and ultimately developed three alternatives that address an agreed upon purpose and need for an east-west connector option between S Churton Street and NC 86. The first two alternatives (Alternative 1A and 1B) propose a new location connector, which west to east utilizes the newly constructed Gold Hill Way within Collins Ridge, crosses the realigned railroad tracks, ties to existing Valley Forge Road, crosses NC 86 and ultimately connects to US 70A just east of Elizabeth Brady Road. This new location connector would include one travel lane in each direction, a sidewalk and a mixed-use path to facilitate pedestrian and bicycle connectivity. Both alternatives will improve operations at the S Churton Street intersection point as it will divide the east-west traffic between existing US 70A and the new connector, taking pressure off of a single intersection and splitting it between two access points on S Churton Street. The difference between Alternative 1A and Alternative 1B is the proposed traffic control at the US 70A/NC 86 intersection: Alternative 1A proposes a traffic signal, Alternative 1B proposes a roundabout. Both options redirect the major through movements to better facilitate high demand movements by removing the pavement between Elizabeth Brady Road and the new connection to US 70A. These alternatives fully meet the defined purpose and need, but requires significant ROW acquisition, a new railroad crossing bridge structure, and close coordination with ongoing development of Collins Ridge. In general, there was acceptance of the new location concept and agreement that it would provide additional access, mobility and pedestrian connectivity. The third alternative proposes improving the existing US 70A corridor by adding sidewalks and upgrading traffic control to roundabouts at the US 70A at S Churton Street and NC 86 to improve traffic flow. This alternative fulfills minimum requirements to satisfy purpose and need by 24  improving east-west traffic flow and providing sidewalks and does so for a lower cost and fewer impacts to natural and community resources than Alternative 1A and 1B; however, there is no additional capacity added to the roadway network. As with those alternatives, the stakeholder response was not decisive, but rather accepted the benefits and drawbacks as presented. This alternative provides some positive additions to the network; however, since it does not create a new connection to improve mobility or increase access, the minimal benefits may not be worth the cost and impact of construction and ongoing maintenance to differentiate from a no-build approach. A no-build option also has notable drawbacks when considering the long-term needs of Hillsborough. As discussed, growth is happening, and it is only prudent that the Town put forethought into how to accommodate growth in a sustainable way that preserves the character of and visions for the Town’s future. In coordination with other projects in the area, specifically the S Churton Street Improvements project, the big picture plan for Hillsborough, including additional mixed-use infill and the planned train station, can be planned for now and implemented when funding and development opportunities allow. Table 2 summarizes the benefits and drawbacks of each alternative. Table 2: NC 86 Connector – Alternatives Comparison Matrix  Alternative 1A  New location,  Signals at NC 86  Alternative 1B  New location,  RABs at NC 86  Alternative 2  Improve Existing  Improves E‐W vehicular connectivity Yes Yes No  Improves ped/bike connectivity Yes Yes Somewhat  Improvement of traffic flow at key  intersections Yes  Yes, slightly  better flow than  signals (1A)  Somewhat; does  address US 70 at  S Churton   Expected right‐of‐way impacts  Acquire all new  ROW, but from  fewer owners  Acquire all new  ROW, but from  fewer owners  Multiple  residential  frontages  Notable Coordination Needs  Rail  Division/NCRR;  Collins Ridge  Rail  Division/NCRR;  Collins Ridge  Sidewalk  maintenance;  SHPO  Construction Cost Higher Higher  Lower  Ultimately, the Town Board should consider these alternatives in conjunction with the long-term growth and goals of the Town. Each alternative provides its own set of benefits and constraints, requiring a balance of those with other potential transportation infrastructure needs such as a solution for north-south mobility or greenway system expansion. Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: April 15, 2021 For Clerk’s Use Only AGENDA ITEM # 6.A Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: 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 Attachment(s): 1. Draft consistency statement and draft amending ordinance 2. PB minutes Brief Summary: The Planning Board had a robust discussion about the two part of this request (draft minutes attached). The recommended 7-0 in favor of the setback portion and 6-1 in favor of allowing accessory dwellings on private roads. The Attached document process the amendment as a single request. The board may certainly break the request apart and vote separately on the requests as the Planning Board did. Action Requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background Information & Issue Summary: Text amendments are the only options available to meet the applicant’s interests. Staff routinely exhausts other options prior to bringing amendments forward. While these amendments are marked changes from current requirements, the likely impact is limited. Staff is not strongly opposed or in favor of either change. There are further amendments that could be pursued to address some of the concerns raised during the hearing discussion. Financial Impacts: Staff Recommendations/Comments: 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 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 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. 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 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: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 www.hillsboroughnc.gov | @HillsboroughGov Planning Board Minutes | 1 of 4 Draft Minutes Planning Board Remote regular meeting 7 p.m. May 20, 2021 Present: Chair Chris Johnston, Vice Chair Jenn Sykes, Christopher Austin, Frank Casadonte, Lisa Frazier, Alyse Polly, and Scott Taylor Absent: Hooper Schultz and Jeff Scott 4. Recommendations to town board of public hearing items A. Unified Development Ordinance: Amendments to Section 5.2.9.2 and Section 6.3.1 – Allow accessory dwelling units on private roads and Agricultural Residential setback reduction Applicant Samantha Johnson and her husband Matthew Johnson arrived. Johnston introduced Item 4A. Hauth summarized the proposed text amendment, noting the proposed change comprises two parts: first, to allow accessory dwelling units on private roads, and second, to reduce the width of setbacks in the Agricultural Residential zoning district. Hauth noted that both changes would apply town- wide and said no other options exist to meet the applicant’s interests. Regarding allowing accessory dwelling units on private roads, Hauth noted the ordinance has long required accessory dwelling units to be on public roads, but she noted the board consistently has been loosening regulations on accessory dwelling units to encourage more development. Regarding reducing setbacks in Agricultural Residential zoning districts, Hauth noted the applicant’s property is located in a small section of town zoned Agricultural Residential where water and sewer service is available, and so the proposed change could result in more intense development in that location. She noted that Agricultural Residential districts currently require 50-foot setbacks on all sides, which she characterized as significant. She added that this request pertains to land within the city limits, noting the town has very limited zoning authority on any parcel in the extraterritorial jurisdiction in active agricultural use. Regarding reducing the setbacks, Sykes said that instead of reducing the setbacks from 50 feet on each side to the proposed 30 feet on each side, she prefers matching Agricultural Residential setbacks to those in Residential-40 districts, which would require 30-foot side and rear setbacks and 40-foot front setbacks. She said it would seem strange to allow smaller setbacks in Agricultural Residential districts than in Residential-40 districts, as Agricultural Residential districts are designed for larger lots than the more dense Residential-40 districts. Regarding allowing accessory dwelling units on private roads, Sykes expressed concern that some of the town’s private roads are not in good shape and may not be able to support the higher traffic that could come with allowing accessory dwelling units on such roads. Johnston noted that the change would apply across town, not just to the applicant’s property. Hauth noted there is a difference between roads in disrepair and whether or not services are provided to dwellings on a private road. She said it is in the nature of private roads that school buses and mail delivery Planning Board Minutes | 2 of 4 generally do not go serve them, especially when they are unpaved. She noted that the board’s decision would have no impact on whether those services are provided on private roads. Johnston said the conflict is between board members’ desire to encourage increased density and hesitancy about allowing increased density on roads that do not receive public services. Sykes noted that inadequate private roads naturally could limit the amount of development along those roads, citing a private road in some disrepair off of Nash Street that has limited what the property owner can develop there. When asked, Hauth confirmed the applicant’s property is located on Burnside Drive. Matthew Johnson said the property is within 300 yards of the corner of South Cameron Avenue, a public road. Samantha Johnson acknowledged the board must consider the proposed amendment’s impact on the entire town. She wondered if it is too late to add language allowing the board to consider applications on a case-by- case basis, based on the condition of the private road in question. Matthew Johnson wondered if language could be added to consider a property’s distance from a public road. Austin recalled Town Commissioner Matt Hughes’ points from the April 15 public hearing that having mail and school bus services are parts of the cornerstones of democracy. Austin said he would argue it is important to let people live the way they prefer and have the choices to do that. Austin said he agreed with Hughes’ point that it is important to create equitable situations across town. Austin noted that this application would allow a Johnson family member to age in place; he said it is important to promote aging in place as part of equity, especially as demographics shift to include more elderly citizens. Austin said he does not agree with disapproving of where people can provide dwellings based on the board’s discomfort with the amount of government services they receive. Matthew Johnson said that the property’s mailbox is on South Cameron Avenue, a public road. Samantha Johnson added that they receive trash pickup and school bus services via South Cameron Avenue. Austin acknowledged that the amendment would affect properties town-wide. Member Frank Casadonte arrived at 7:15 p.m. When asked whether case-by-case language is allowed, Hauth said that the board could require that a private road be constructed to certain standards when someone asks to build an accessory dwelling unit on a private road. She noted the town would not be able to inspect that road in an ongoing manner after it is constructed. Regarding the Johnson’s particular case, Hauth noted that Burnside Drive is unusual in that it is a private road predating zoning, it is one of the town’s best-constructed private roads and the town does provide trash service there due to tradition. Town Attorney Bob Hornik confirmed that case-by-case language is not possible in this situation. He agreed with Hauth that a text amendment could require a private road to be constructed. He said the amendment also could require a property to be a certain distance from a public road in order to build an accessory dwelling unit. Hauth said a fixed distance requirement would be easier for staff to enforce than a requirement about the road’s quality. Taylor asked what the downsides might be of allowing accessory dwelling units on private roads. Planning Board Minutes | 3 of 4 Hauth said allowing accessory dwelling units on private roads could create future private property disputes, which the town could neither intervene in nor solve. She said that if homeowners at the end of a private road were to build accessory dwelling units and create more traffic and wear on the road than their neighbors, the private road agreement might not address which neighbor has to pay to maintain the road. Hauth added that would be the case in any private road situation where one family has more cars and people than their neighbors. Hauth said resolving such private property issues is not the town’s job, though the town does try to write ordinances that encourage neighbors to be happy with one another. When asked, Hauth clarified that Public Space Manager Stephanie Trueblood has proposed reducing front setbacks for commercial developments. Hauth said the town also has seen a shift in the setbacks that new neighborhoods propose under special use permits, noting that the Forest Ridge, Collins Ridge and Fiori Hill subdivisions all have significantly smaller setbacks than the town’s traditional zoning districts. Hauth said the special use permit process offers developers more setback flexibility than building on a large tract of residentially zoned land. Hauth said staff has concerns about the long-term maintenance of private roads in townhome neighborhoods, noting that staff is unable to help resolve private disputes that may arise from such roads not being maintained. Polly said she agreed with Sykes that the setbacks in Agricultural Residential districts should mirror those in Residential-40 districts, with a minimum width of 30 feet in the sides and rear and 40 feet in the front. Polly also noted that the town boards have been discussing ways to encourage smart development, infill development and more dense neighborhoods; she said allowing accessory dwelling units on private roads could help meet those goals. Sykes agreed but noted that some of the town’s private roads are very old and increased traffic on them could put cars at risk. Sykes said she would want to include a requirement addressing road quality, such as requiring the lot in question to be within a certain distance of a public road. Hornik asked Hauth how much Agricultural Residential land within town limits would be suitable for infill projects, as most Agricultural Residential districts are on the outskirts of town and would not see infill development. Hauth confirmed about 150 acres are zoned Agricultural Residential within town limits and also have water and sewer access, which is required for accessory dwelling units. She said most of that land is on Burnside Drive, where the applicants live. Hauth said overall the town has about 800 acres zoned Agricultural Residential, but she said much of that would never be developed for various logistical reasons. Hauth said reducing the setbacks in Agricultural Residential districts does not concern her, as she does not think it would not open the town to any risks or pose any challenges to staff. When asked, Hornik confirmed the board could make separate recommendations regarding reducing the setbacks and allowing accessory dwelling units on private roads. Motion: Sykes moved to recommend approval of the text amendment changing the minimum setbacks in Agricultural Residential zoning districts to 30 feet on the sides, 30 feet in the rear and 40 feet in the front. Austin seconded. Hauth called the roll for voting. Vote: 7-0. Ayes: Austin, Casadonte, Frazier, Johnston, Polly, Sykes and Taylor. Nays: None. Planning Board Minutes | 4 of 4 Polly said she is leaning toward allowing accessory dwelling units on private roads. She said she hears Sykes’ point about the existence of older private roads in town. Polly wondered how many private roads in town would be affected, aside from Burnside Drive. Hauth said the proposed change only would allow accessory dwelling units within a principal dwelling on a private road. She said freestanding accessory dwelling units still would not be allowed on a private road, noting that most people want to build freestanding accessory dwelling units. Hauth said accessory dwelling units also must have water and sewer services, which increases the likelihood that they will be built within town limits rather than on some of the older private roads in the extraterritorial jurisdiction. Hauth said that if the board wants to include a requirement that the lot be a certain distance from a public road, the distance would need to be 300 feet from the lot’s driveway in order to capture what the current applicant is requesting. Hauth said most of the town’s private roads are not much longer than 300 feet, excluding townhome neighborhoods. She said including that requirement would include more private roads than it excludes and she is not sure including the distance requirement would be worthwhile. Hauth recommended the board decide either to leave the requirement in or take it out, noting that any problems created would be for residents of the private road to resolve, not the government. When asked, Hauth confirmed there are no code restrictions for private roads. Hauth said new private roads meet a basic standard, but she said that would not be easy to verify or enforce after a road is in place. Regarding emergency services, Hauth said ambulance drivers have the right to choose whether they can drive down a private road or not. She noted that the town’s private roads are in better shape than many county private roads, some of which force ambulance drivers to choose between damaging their vehicles and not providing service. Johnston noted that allowing more accessory dwellings on private roads would create more density in areas where the town has less regulatory control. He noted the board wants people to be able to do what they want on their property, but he said the town still has responsibilities to citizens. Sykes said the situation currently before the board is one of aging in place, but she noted that residents of other private roads might want to rent out their accessory dwelling units. She said economic pressures could take care of potential problems, noting that no one would want to rent an accessory dwelling unit if the road to it would damage their car. She said she would prefer a more elegant solution to bring private roads up to code, but she acknowledged that most of the town’s private roads are in subdivisions and townhome communities and so already are up to code. When asked, Hauth said the majority of the town’s private roads are new and are no longer than 400 feet. She said of the roughly two dozen private roads outside townhome neighborhoods, less than a third are older. Hauth confirmed there are only a small handful of older private roads in town. Motion: Austin moved to recommend approval of the text amendment removing the requirement for public road access for accessory dwelling units within a principal structure. Sykes seconded. Hauth called the roll for voting. Vote: 6-1. Ayes: Austin, Casadonte, Frazier, Polly, Sykes and Taylor. Nays: Johnston. Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: June 14, 2021 For Clerk’s Use Only AGENDA ITEM # 6.B Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Order closing unopened right of way named Cole Avenue Attachment(s): 1. Request 2. Map 3. Draft closure order Brief Summary: The town received this request to close an unopened right of way. The hearing was conducted earlier in the meeting. Action Requested: Consider the draft closure order ISSUE OVERVIEW Background Information & Issue Summary: As the hearing is remote, state law requires that the town consider any written comments received 24 hours after the hearing closure. The order includes a provision that it cannot be recorded until 24 hours have passed. As an alternative, the board could delay action on this item until the June 28 meeting. Financial Impacts: Staff Recommendations/Comments: 1 Margaret Hauth From:Mark Rhoades <Mark.Rhoades@RaymondJames.com> Sent:Tuesday, April 27, 2021 4:44 PM To:Margaret Hauth Cc:Gina C. Rhoades (ginarhoades1@gmail.com) Subject:209 west margaret lane Margaret,    It was nice speaking with you earlier today    Please let me know what you learn about the road between my house at 209 margaret and the lot next door.  I do want to proceed with closure of the road if it hasn’t already been done    Also, any pertinent information you have on the current lots, width of road, etc, would be very helpful.  Stephanie and  Chris believe their lot goes all the way to the large pecan tree.  I find that hard to believe because there is not enough  space between the tree and my house for a road.  It would be helpful to gain clarity on the current boundaries and width of town road.    Thank you!      Mark Rhoades CFP®, CRPS®  Managing Partner, Phoenix Wealth Advisors, Branch Manager, RJFS    Direct 919‐794‐8330 | Office 919‐929‐4448 x3 | Fax 919‐968‐1955  KellyWard ext. 5 or 919‐797‐9761| George Livanos ext. 2  Mark.Rhoades@RaymondJames.com  www.pfinx.com  100 Europa Drive, Suite 390, Chapel Hill, NC 27517    Raymond James Financial Services is proud to announce that Mark Rhoades of Phoenix Wealth Advisors was named on the  2020 & 2021 Forbes Best‐in‐State Wealth Advisor list!  Check out the Forbes Best‐in‐State list here      Phoenix Wealth Advisors, Inc. is not a broker/dealer and is independent of Raymond James Financial Services, Inc. Investment advisory services are offered through  Phoenix Wealth Advisors, Inc.   The Financial Times (FT) 300 Top Registered Investment Advisers 2019 had about 40.5% of the 740 applicants being recognized as a top RIA.  The FT used the  database of RIAs who are registered with the U.S. Securities and Exchange Commission (SEC), and selected those practices reporting to the SEC that had $300 million  or more in assets under management, and no more than 75% of the AUM with institutional clients.  Additionally, the firm must be independent (not the RIA arm of a  58 102.05 (1 2 7 )(1 2 8 )122.46122.46A 244.32244.32(243)(398)(167) 53 244COLE AVE 16' R/W (UNOPENED)B 8 4 .8 9 0 .9 2 3 9 .3 D 50 P70/13 5P 11 8 /9 0.16A C P71/181 5 6 .4 2 5 6 .5 2 562.04 150.60.47A P87/58 0.66A P87/58 1 0 2 .0 5 178.19 1 0 2 .1 3 130.33120.40123.9520.5811 6 .1 5 A PAT T E R S O N AV E 20 ' R /W (C L O S E D )10 7 .3 1208 203 205 210 206 209 219 215 WAKEMARGA RET Cole Avenue exhibit¯1 in ch = 50 fee t ORDER Return to: Town of Hillsborough P.O.Box 429 Hillsborough, NC 27278 TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS ORDER CLOSING UNOPENED Rights of Way ON THE SOUTH SIDE OF WEST MARGARET LANE PURSUANT TO NORTH CAROLINA GENERAL STATUTE § 160A-299 WHEREAS, a request was made to the town of Hillsborough Board of Commissioners to permanently close an unopened right of way on the south side of West Margaret Lane shown on recorded maps; WHEREAS, on June 14, 2021, the Hillsborough Town Board conducted a public hearing after giving due notice thereof as required by North Carolina General Statutes Section 160A-299(a), at which all those wishing to be heard on the issue were given an opportunity to speak. NOW, THEREFORE, the Hillsborough Board of Commissioners find as follows: 1. It appears to the satisfaction of the Town Board that closing the unopened right of way known as Cole Avenue is not contrary to the public interest; and 2. No individual owning property in the vicinity of the portion of the rights of way to be closed will be deprived of a reasonable means of ingress and egress to their property. Based on the foregoing findings, it is ORDERED that the unopened right of way known as Cole Avenue on the south side of West Margaret Lane shall be closed in accordance with North Carolina General Statutes § 160A-299(a) effective upon the recording of an instrument in the Orange County Register of Deeds Office, as shown in plat book page . BE IT FURTHER ORDERED, that this Order and the related map shall not be finalized and available for recording in the Orange County Register of Deeds until 24 hours after the approval of this Order AND that if any written public comments are received during that time, the Hillsborough Board of Commissioners shall reconvene to consider the comments and adopt a new Order, consistent with S.L. 2020-3, SB 704. WHEREFORE, the foregoing Order was put to a vote of the members of the Town of Hillsborough Board of Commissioners on the 14th day of June, 2021, the result of which vote were as follows: Ayes: Noes: Absent or Excused: Dated: _________________ ____________________________________ Sarah E. Kimrey, Interim Town Clerk Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Planning Public Hearing: Yes No Date of Public Hearing: April 15, 2021 For Clerk’s Use Only AGENDA ITEM # 6.C Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance amending Unified Development Ordinance to be consistent with North Carolina General Statute 160D Attachment(s): 1. Draft consistency statement and draft amending ordinance 2. PB minutes 3. DRAFT Unified Development Ordinance Brief Summary: Staff combined the reassignment of Special Use Permit processing to the Board of Adjustment with the larger 160D amendments for brevity and to avoid missing important references in the amendment ordinances. Action Requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background Information & Issue Summary: The Planning Board had a robust discussion on the changes to come into compliance with 160D (draft minutes attached). The feedback from the Board of Adjustment was that they accepted the new role, but preferred to not have the “extra” submittal information unless or until there were adopted plans or programs that could guide any condition or finding of consistency they would need to make in regard to affordable housing, green building, water use, and cultural resources. More amendments are needed to fill the gaps in our processes made by eliminating special use zoning. Staff are working on these, but it will be October before we have anything ready. Financial Impacts: Staff Recommendations/Comments: 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 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: Noes: Absent or Excused: Sarah E. Kimrey, Interim Town Clerk 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 www.hillsboroughnc.gov | @HillsboroughGov Planning Board Minutes | 1 of 5 Minutes Planning Board Remote regular meeting 7 p.m. May 20, 2021 Virtual meeting via YouTubeLive Town of Hillsborough YouTube channel Present: Chair Chris Johnston, Vice Chair Jenn Sykes, Christopher Austin, Frank Casadonte, Lisa Frazier, Alyse Polly, and Scott Taylor Absent: Hooper Schultz and Jeff Scott Staff: Planning Director Margaret Hauth and Town Attorney Bob Hornik 4. Recommendations to town board of public hearing items D. Unified Development Ordinance: Amendments to Section 3.8 – Assigning review of special use permits to the Board of Adjustment Johnston introduced Item 4D. Hauth confirmed she had reviewed Item 4D with the Board of Adjustment at that board’s May 12 meeting. She said Board of Adjustment members are comfortable taking on review and approval authority for special use permits. They understand that it is a significant change and that they have a responsibility to review the applications appropriately under the ordinance and state law. Hauth noted there are four additional pieces of specialized information the town currently requires for special use permits, addressing affordable housing, water use, green standards and cultural resources. Hauth said the Board of Adjustment members would prefer not to receive those four pieces of information unless standards are written with which to enforce them. Hauth said the Board of Adjustment would need such written standards to regulate development adequately according to those issues in a quasi-judicial setting. Hauth said other ways could be found to address those four additional pieces of information if the Planning Board still feels they are important. Hauth suggested the board either could craft standards such as those requested by the Board of Adjustment or propose to the town board that the four issues be addressed through policy. Sykes said Board of Adjustment members expressed a preference for having the town board craft standards against which to measure proposals, perhaps via the town’s comprehensive plan. Sykes said that she and some other Board of Adjustment members felt strongly that the town should have some vehicle with which to address equity issues. She suggested the town board could craft a statement of values. Hauth said that all Board of Adjustment members could see the benefit of discussing the four additional information pieces, but the board was evenly split between those members comfortable addressing the topics and those who felt they would need written standards. Planning Board Minutes | 2 of 5 Sykes said the Board of Adjustment members would like the town to find a way to address the four pieces of information. Sykes suggested the town’s comprehensive plan could be a good place to address the four issues. Hauth said she thinks the town’s comprehensive sustainability plan would be the appropriate place for those four topics, as it likely would address a wide number of such topics. Hornik said those four topics are somewhat nebulous and could be addressed appropriately in the comprehensive plan. He noted that one of the standards for a special use permit is whether an application is consistent with the comprehensive plan. Hauth confirmed that the Board of Adjustment members were clear that the four topics are important. She said the members just want more guidance. Sykes suggested that the town may need to move faster on those four issues than they might be planning. She said that the town might want to put something in the comprehensive plan sooner rather than later, possibly before July 1. Hauth said such a fast turnaround is not possible. Hauth recommended removing the four topics from the ordinance for the time being and adding them back when the appropriate standards have been crafted. Hornik agreed. Hauth said the town is planning a very engaged outreach process for the comprehensive plan in order to craft a well-thought-out and well-vetted plan, after which the right standards can be put back into the ordinance. Sykes said the risk in delaying adding the four pieces of information back into the ordinance is that in the intervening time the town would have no mechanism to prevent a new building from polluting as much as possible under current ordinance guidelines. Hauth said the state building code addresses some building pollution concerns. Hauth said she thinks the town is reasonably well protected until the comprehensive plan is adopted in about 18 months. She noted that any large tract of land would include annexation and zoning processes, during which the Planning Board and town board could place conditions. Casadonte said the recently abandoned proposal to build a 64,000-square-foot Buc-ee’s convenience store and gas station was a good example of a rezoning procedure where a successful grassroots movement pushed back against a building proposal. Sykes agreed but said that in such a case she would have been concerned about environmental regulation loopholes. Sykes said the Board of Adjustment is very good at finding compromises and creative solutions. She said that she understands the dynamics of that board and is not practically worried. Sykes added that she was trained in risk management and so always thinks of such concerns first. Motion: Casadonte moved to recommend approval of the text amendment sending review of special use permits to the Board of Adjustment, excluding the four policy information submittal requirements regarding cultural resources, green building, water use and affordable housing. Polly seconded. Hauth called the roll for voting. Planning Board Minutes | 3 of 5 Vote: 7-0. Ayes: Austin, Casadonte, Frazier, Johnston, Polly, Sykes and Taylor. Nays: None. E. Unified Development Ordinance: Amendments to the entire Unified Development Ordinance to comply with N.C.G.S. 160D Johnston introduced Item 4E. Hauth summarized the amendment’s changes, noting that much of the text amendment’s changes comprise formatting or non-substantive language changes. She said hearing types would be defined as “administrative,” “legislative” or “evidentiary” as determined by the type of hearing to be conducted; legislative hearings would come before the Planning Board and the town board, while evidentiary hearings would come before the Board of Adjustment and the Historic District Commission; appeals of Historic District Commission decisions would go to court rather than to the Board of Adjustment; all references to conditional use permits would be removed, with all uses now allowed by right or as special uses; all reference to the special use zoning process and related master plans are removed, as this process is no longer authorized; requirements would be added to swear in volunteer board members; and language regarding ethics and conflict of interest provisions would be added. Hauth noted that staff plans to suggest three conditional zoning districts in July. Hauth also noted a proposal that staff be able to approve the creation of subdivisions comprising up to 19 lots, with 20 or more lots requiring a special use permit. Hauth said the only changes the Planning Board has not seen involve formatting and making sure the language and style of the document are consistent, such as consistent capitalization, numbering, punctuation and hyphenation. She said all substantive changes have been seen and were vetted at the April 15 public hearing. Johnston asked how the number 19 was selected as the proposed number below which staff could approve subdivisions. Hauth said that when the ordinance originally was written, the standards for subdivisions of 20 or more units was based on the town’s ordinance regarding adequate public schools. She said the thinking was that a 20-unit subdivision could trigger a classroom full of children. Hauth said she would like to see that number move toward 30 units, given what she has learned recently about the fire code; she said many fire code provisions are triggered at 30 units, including requiring two points of access to the existing community. She noted there is a much greater need for public conversation when there are multiple new roads connecting to the existing community. She added that there is no need to rush to change the standard from 20 to 30 units. Sykes expressed concern that allowing staff to approve subdivisions of 5-19 units would remove opportunities for neighbors to provide input about such projects. Sykes said she would prefer leaving the current standard in place, saying that adding even up to five new houses would be a big change for many of the town’s neighborhoods. Sykes said she also is concerned with the proposed change to eliminate some of the notifications of change for the community. Sykes said it is important to foster community awareness about changes. She said she would prefer to keep board review of subdivisions of 5-19 units because of the potential community impact. Sykes added that the town might begin to see more development through infill zoning. She said that as the town changes it is important for residents to understand what is changing. She acknowledged that residents may not like changes and may not have valid evidence to present at a hearing, but she said she still believes it is better to inform residents. She said that people have a right to be heard, while the boards have a responsibility to decide whether they can consider residents’ opinions. She noted that even if residents Planning Board Minutes | 4 of 5 cannot present valid evidence they still have a right to vote with their feet and move away from a changing area. Hauth clarified that the only notification radius that she intended to change is the notice for a variance. Sykes said one of the proposed changes was written such that the only people who could testify are those who receive written notice. Hornik said there is a difference between receiving notice of the hearing and having the right to be a party in the hearing and to provide testimony. He said limiting the notification has to do with those who are most likely to have legal standing. Sykes said she understands but still would prefer to notify people within 500 feet of a property requesting a variance. She said the boards have the responsibility to decide whether they can consider residents’ opinions. She said she also would prefer to keep board review of subdivisions between 5 and 19 units. Hauth said the town could provide some other kind of notice to let people know about proposed projects. Sykes reiterated that she feels it is important for citizens to know about proposed changes as early as possible. She said she believes it also is better for staff when citizens know about changes earlier. She said that many times developers and town citizens have come together and found solutions. Polly agreed that it is important for people to be educated about proposed changes, especially when that change is nearby. She said she appreciates Hauth’s suggestion about other ways to alert citizens. Polly said that when the board holds public hearings, people do show up and speak. She noted however that by the time a public hearing is held there may have been so many discussions between the town and the developer that it may feel like the public hearing is a moot point. Polly said it is important for citizens to speak and be heard, but she said she feels like there is a false sense of citizens’ ability to change the outcome, because often the outcome is not changed after a public hearing even when people show up and are strongly opposed. Polly said she wants people to be engaged and be able to contribute to the vision for the Town of Hillsborough. Polly said citizens need to come in much earlier in the process, when conversations about developments first start. She wondered how citizens could be brought in so that they could speak and be heard in a way that would affect the outcome. Sykes recalled an idea Hauth had regarding having developers host public input meetings as part of the planning review. She said such meetings also could be the optimal solution for 5-19-unit subdivisions. Johnston pointed out that developers could still develop land without any kind of review or neighbor notification as long as they make changes allowed by right within their zoning district. Hauth confirmed that neighbors receive notices for rezoning, special use permits and variances. She said it is difficult to generate public interest early in rezoning procedures, which is where the board and the public can provide the most input. She said the changes represented by rezoning seem amorphous compared with the concrete changes involved in a special use permit hearing. Hauth said the concrete plans that developers present at special use permit hearings are easier for the public to understand and care about, but unfortunately by that point the standards for input are much higher. She confirmed that if a developer does not need rezoning to do what they want it is very difficult to deal with neighbors’ displeasure, because the property owner is entitled to the allowed uses within that zoning district. Hauth said rezoning and special use permit hearings offer more opportunities for public input. Planning Board Minutes | 5 of 5 Sykes said the optimal solution probably involves public input meetings between developers and neighbors. Hornik clarified that by law the town notifies neighbors about rezoning, special use permits and variances within a certain number of days before a public hearing. He clarified that the only notification staff proposes changing is for neighbors within 500 feet of but not adjacent to a proposed variance. Austin said he is in favor of staff being able to approve subdivisions of between 5 and 19 units. He said he would prefer the board puts it attention toward creating future standards and rely on town management to handle approval of such subdivisions. Scott said he agrees with Austin. The board briefly discussed options for voting on the text amendment, noting the members’ disagreement about certain parts of the amendment. Regarding notification of property owners, Sykes noted that the proposed language in Section 3.8.10 of the unified development ordinance states that at public hearings for special use permits the applicant and property owners receiving written hearing notices shall be given the opportunity to present evidence and arguments and to ask questions. Sykes asked whether the chair of the Historic District Commission would be excluded from speaking unless they live within 500 feet of the property in question. She suggested that in such situations the ordinance should not restrict speakers to only those receiving written notice. Hornik clarified that applications needing a special use permit within the Historic District require review by the Historic District Commission. Hauth added that the town typically has not required people to produce their written notice in order to testify at a hearing. She noted the town has a long history of allowing anyone who shows up at a hearing to testify. Motion: Austin moved to recommend approval of the text amendments as submitted to bring the unified development ordinance into compliance with N.C.G.S. 160D. Taylor seconded. Hauth called the roll for voting. Vote: 6-1. Ayes: Austin, Casadonte, Frazier, Johnston, Polly and Taylor. Nays: Sykes. The board members tabled Item 5B until their June meeting in order to meet two prospective Planning Board members. Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Administration - Budget Public Hearing: Yes No Date of Public Hearing: June 14, 2021 For Clerk’s Use Only AGENDA ITEM # 6.D Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Eric Peterson, Town Manager ITEM TO BE CONSIDERED Subject: Second workshop on the FY22 Budget Attachment(s): 1. Park restroom cleaning cost breakdown by frequency 2. Cell phone data analysis software budget justification form Brief Summary: This is a continuation of the June 7, 2021 budget discussion. Below are topics identified for further discussion and/or additional information was needed: • Parking Study (Planning/Tourism Board/Tourism Development Authority) • Park Restroom Cleaning (Public Space) o Cost breakdown by frequency is included as an attachment. • O365 License Expense (Information Services) • Nash Street Bench (Public Space) o Funding already included in the proposed budget for a bench and can be designated for the Nash St. bench. • Late Request – Cell Phone Data Analysis Software (Police) o Budget Justification Form included as an attachment. • Orange County Veteran’s Memorial Contribution (Special Appropriations) • Community Re-Investment Funds (Special Appropriations) o FY22 budget currently has $20,700 designated for community re-investment. o Exchange Club has requested $7,500 (same funding level as FY21) o Hillsborough Arts Council has requested $14,520 (an increase of $1,320 over FY21) • Compensation o Merit Raises (General Fund, Water & Sewer Fund and Stormwater Fund) o Police Starting Salaries (Police) • Rates & Charges o Rates (General Fund, Water & Sewer Fund and Stormwater Fund) o Security Deposit (Billing & Collections) Below is a timeline of key budget dates. Timeline Monday, June 14: Public Hearing / 2nd Budget Workshop (if needed) Monday, June 28: Budget Workshop (if needed)/Budget Adoption • Budget Ordinance Action Requested: Ask town staff budget related questions. ISSUE OVERVIEW Background Information & Issue Summary: N/A Financial Impacts: N/A Staff Recommendations/Comments: N/A Park Restroom Cleaning    The price below incudes sanitizing surfaces and water fountains, but doesn’t include pressure washing  picnic tables, which we try to do at least once per year.   Add $2,500 to total to pressure wash picnic  tables.      Multi‐Service Park Cleaning  Price Break Down              Quote per day $46  ($23 each)  Gold Park and  Cates Creek  Park              Frequency of Cleanings Weekly Price Monthly Price Yearly Price  1 $46  $199  $2,392   2 $92  $399  $4,784   3 $138  $598  $7,176   4 $184  $797  $9,568   5 $230  $997  $11,960   6 $276  $1,196  $14,352   7 $322  $1,395  $16,744          Budget Justification Form    Department/division:  Police ‐ Administration    Request:   Cellular Phone Data Analysis Software    Priority 1‐3 (1=must do; 2=should do; and 3=could do):   2‐ Should do     Line‐item(s) where funds are requested:   10‐20‐5100‐5300‐113 License Fees    Fiscal year(s) & amount(s) of request:     FY22 ‐ $3,000  FY23 ‐ $3,150 (assuming a 5% annual increase)  FY24 ‐ $3,307    Describe request:  Investigations are becoming more and more connected to cellular phones and the data that can be pulled from them.  Over the past few years we have seen a geometric increase in situations where investigators have had to do court orders  or search warrants for cellular phone data. The data is generally provided to us in an excel‐type spreadsheet, and many  aspects of it require some kind of software to actually make sense of it.     One of the programs, Cellhawk by Hawk Analytics, has been especially useful to us. We have been able to use it for some  cases by asking peer agencies for help. We recently did an extended trial and believe it could be a very useful tool for us  to have in‐house. We used it to do an analysis that led to our being able to charge suspects in recent catalytic converter  thefts.  There are some other types of software, such as Cellbright, that do different and higher level analytics, but they are  more expensive, and are not something we would use as much as we would use the Hawk Analytics system. Situation  where we needed more analytic capacity would be more limited and continuing to use partners for those is still a viable  choice.       Discuss how the request links to the town’s balanced scorecard or Top Departmental Priority:   This is linked to our desire to provide quality serivce. As investigations continue to get more technical in nature, we need  to invest in tools to keep us effective.      Alternatives & operational impact if request is not funded:   If not funded, we can continue to try to access resources through peer organizations. We are just limited to their  schedule and access.     A funding alternative could be to diver some funds from the current budget request. This software is a higher priority to  us that drug enforcement operations, so a funding option could eb to transfer money from that line for this purpose and  thus not add to the overall budget.      Additional information:      Informational materials are attached.                    Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: Administration Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 6.E Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Eric Peterson, Town Manager ITEM TO BE CONSIDERED Subject: Hot Topics for work session June 28, 2021 Attachment(s): None Brief Summary: Possible topics include: •Approval of resolution naming Tiffany Long as finance officer •End of the year budget amendments •End of the year encumbrances •FY22 budget and FY22-24 financial plan discussions •Approval of FY22 budget ordinance •Approval of FY22 Tourism Development Authority budget ordinance •One Orange County Racial Equity Plan: A Framework for Moving Forward Action Requested: Discuss and provide direction. ISSUE OVERVIEW Background Information & Issue Summary: None Financial Impacts: N/A Staff Recommendations/Comments: N/A Board of Commissioners Agenda Abstract Form Meeting Date: June 14, 2021 Department: All Public Hearing: Yes No Date of Public Hearing: For Clerk’s Use Only AGENDA ITEM # 7.C Consent Agenda Regular Agenda Closed Session PRESENTER/INFORMATION CONTACT: Department Heads ITEM TO BE CONSIDERED Subject: Departmental Reports Attachment(s): Monthly departmental reports Brief Summary: n/a Action Requested: Accept reports ISSUE OVERVIEW Background Information & Issue Summary: n/a Financial Impacts: n/a Staff Recommendations/Comments: n/a ADMINISTRATION DEPARTMENTAL REPORT Human Resources/Town Clerk Report: May 2021 Meetings and events • Admin Re-Org Brainstorming meeting (5/4/21, 5/14/21) • Board of Commissioners regular meeting (remote) (5/10/21) • One Orange-Countywide Racial Equity Plan stakeholders feedback meeting (5/11/21) • Building maintenance and duties meeting (5/18/21) • NCHIP Board meeting (5/19/21) • Weekly human resources team meeting • Weekly budget software implementation meetings • Weekly GARE Countywide Racial Equity Plan Co-Leads meeting • Monthly Triangle J Council of Government HR Roundtable conference calls • Monthly management team meeting • EACP quarterly meeting (4/27/21) • Board of Commissioners work session (remote) (5/24/21) • Star safety meeting (4/29/21, 5/26/21) Employee Events and Training • Open Enrollment meetings (4/29/21, 5/5/21) Recruitment and Selection (* = filled) • Police Officer o Recruitment opened (2/19/20) o Continuous recruitment (184 applicants to date) o Start date (trainee): 3/2/20 o Start date: 9/14/20 o Start date: 10/12/20 o Start date: 11/09/2020 o Start date: 01/04/2021 • Finance Director o Recruitment open (2/12/2021) o Recruitment closed (3/30/21) (27 applicants) o Initial phone interviews completed. o First virtual assessment center completed. o Start date: 6/25/2021 • Accounting/Payroll Technician o Recruitment open (4/19/21) (14 applicants) o Recruitment closed (4/30/21) o Recruitment on hold. • Utility Maintenace Technician I, II or III o Recruitment open (4/28/21) o Recruitment closed (5/23/21) (14 applicants) • Financial Analyst o Recruitment open (5/6/21) o Continuous recruitment (42 applicants to date) • Meter Services Technician o Recruitment open (5/6/21) o Recruitment closed (5/23/21) (11 applicants) o Interviews being scheduled. • Police Officer Trainee o Recruitment open (5/12/21) o Recruitment closed (6/3/21) (14 applicants) Pay and Benefits • Biweekly payroll (2) • Completion of benefits open enrollment (5/3/21-5/14/21) • FMLA – 6 Notice of Eligibility and Rights & Responsibilities sent (2021) Wellness • Weekly onsite nutrition counseling (offered remotely) • Wellness mini-grant program Performance Evaluation • Maintained NEOGOV PE system Professional Development • Regional Master Municipal Clerks Virtual Academy (4/30/21) (Sarah) • GARE Annual Membership Meeting (5/19/21-5/21/21) (Haley) Miscellaneous • Bi-monthly Employee Newsletter Public Information Office Report: May 2021 News Releases/Minutes • Issued 15 news releases. • Completed minutes for 2 town board and 3 appointed board meetings. EMAIL SUBSCRIPTIONS (as of May 31) List Subscribers Change Total 1,415 ↑ 4 News releases 1,129 Same Meeting notices 700 ↓ 2 Bid postings 597 ↑ 3 Community newsletter 1,278 ↑ 2 TOP 10 MOST-VIEWED NEWS RELEASES: WEBSITE Headline Views Complete a Survey to Help Shape Hillsborough’s Future 153 North Carolina Lifts Many COVID-19 Restrictions Following New CDC Guidance 145 Hillsborough Selects Finance Director 133 Project to Connect Water Mains to Start along Churton Street/Old N.C. 86 109 Cycling Event Happening Wednesday on Riverwalk 83 Beware of and Report Thefts of Backflow Prevention Devices 81 State Easing Outdoor Mask Mandate and Mass Gathering Limits (April release) 80 Utilities Analyst to Retire 76 Board of Commissioners Meeting Summary (May 10 meeting) 75 Board of Commissioners Meeting Summary (May 24 meeting) 63 TOP 10 MOST-VIEWED NEWS RELEASES: EMAILS Headline Views Beware of and Report Thefts of Backflow Prevention Devices 566 North Carolina Lifts Many COVID-19 Restrictions Following New CDC Guidance 543 Hillsborough Rolls Out Updated Logo 530 Complete a Survey to Help Shape Hillsborough’s Future 475 Hillsborough Selects Finance Director 450 Project to Connect Water Mains to Start along Churton Street/Old N.C. 86 429 Cycling Event Happening Wednesday on Riverwalk 418 Board of Commissioners Meeting Summary (May 10 meeting) 414 Board of Commissioners Meeting Summary (May 24 meeting) 411 Solid Waste Collection Delayed due to Memorial Day 396 Social Media FACEBOOK STATISTICS (as of May 31) 30 posts 3 responses to comments Follows Change 4,336 likes ↑ 14 4,506 follows ↑ 15 TOP 5 POSTS Post People reached Link clicks Inclusive musical equipment being installed (photos) 2,984 No link Inclusive musical equipment installation complete (photos) 2,667 No link Utilities Analyst to Retire 2,003 40 Planning director hits 30-year milestone (photo) 1,969 No link Complete a Survey to Help Shape Hillsborough’s Future 1,718 31 TWITTER STATISTICS (as of May 31) 31 tweets 3 responses to tweets Follows Change 2,608 ↓ 3 TOP 5 TWEETS Videos • Had videos related to survey for Comprehensive Sustainability Plan translated to Spanish and recorded audio of Spanish translations. • Completed tutorials on closed captioning. YOUTUBE STATISTICS (as of May 31) Subscribers Change 2,885 ↑ 3 NEW VIDEOS Video YouTube Views Facebook Reach Posted Tourism Board Meeting 25 N/A May 3 Historic District Commission Meeting 31 May 5 Board of Commissioners Regular Meeting 81 May 10 Board of Adjustment 14 May 12 Mayor’s Task Force for Re-imagining Public Safety Meeting 32 May 13 Planning Board 27 May 20 Board of Commissioners Work Session 43 May 24 Comprehensive Sustainability Plan (English) 35 May 24 Comprehensive Sustainability Plan (Spanish) 10 May 24 Message from Mayor Weaver (on survey, English) 30 May 24 Message from Mayor Weaver (on survey, Spanish) 10 May 24 TOP 5 VIDEOS Video Current Views Overall Views Posted Position Your Solid Waste and Recycling Properly 2,676 2,133,616 Oct. 2015 Do Not Tamper with Water Meters 146 4,994 July 2015 English Ivy Removal 135 972 March 2021 Hillsborough, NC: Among America’s Coolest Small Towns 99 10,438 Jan. 2015 Board of Commissioners Regular Meeting: May 10, 2021 81 81 May 2021 Tweet Impressions Link clicks Hillsborough Rolls Out Updated Logo 3,776 7 Inclusive musical equipment installation complete (photos) 2,555 No link Inclusive musical equipment being installed (photos) 1,524 No link Planning director hits 30-year milestone (photo) 1,143 No link Feedback sought on transportation plan for the area 1,015 2 NEXTDOOR STATISTICS (as of May 31) 3 Posts 0 direct message Members Change 6,197 ↑ 192 48% of 8,143 households ↑ 8 households TOP POSTS Post Impressions North Carolina Lifts Many COVID-19 Restrictions Following New CDC Guidance 2,765 Complete a Survey to Help Shape Hillsborough’s Future 413 Board Receives Draft Budget, to Hear from Public June 14 397 Website/Employee Section • Redesigned website’s banner, footer, menu and home page. • Worked with Human Resources to add a diversity, equity and inclusion section to the employee section of the town website. • COVID-19 pages and various other pages. MAY WEBSITE STATISTICS Unique visitors 8,312 Number of visits 11,464 Page views 25,352 Visits per visitor 1.38 Pages viewed per visit 2.21 TOP 10 MOST-VIEWED PAGES Page title Views Home 4,418 Water and Sewer Billing and Collections 1,496 Riverwalk 977 Employment Opportunities 884 Police 694 Board of Commissioners 425 Garbage Collection 406 Planning 359 Utilities 352 Historic District Commission 331 Other Work • Completed work related to COVID-19, including raising awareness via news releases, social media and website updates on vaccine process changes, governor’s COVID-19 restrictions changes, and Orange County Health Department’s messaging. • Completed work related to the Comprehensive Sustainability Plan, including creating Community Visioning Survey in English and Spanish; collaborating with VHB Consulting to edit survey materials and roll them out in English and Spanish; and communicating with community liaisons to encourage the sharing and completion of the survey. • Worked on branding rollout, including website, templates for emails from website, various document templates, email signatures and standards, and guides for new logo. Also updated various online platforms with new branding. Also provided branding materials and guidance to consultant for Historic District design standards packet, to planning director for Unified Development Ordinance update, to budget team for in-progress budget platform. • Created May e-newsletter and June print newsletter for insertion in utility bills in English and Spanish. • Created a poster for the Historic District Commission’s 2021 Historic Preservation Award. • Started work on compiling water and sewer rates study data and updating FAQs and related documents. • Started work on updating budget-related materials, including slides for video. • Reviewed various town materials, including stormwater green infrastructure story maps, Historic District Commission’s application letter for the Preservation North Carolina Gertrude S. Carraway Award of Merit for the Colonial Inn renovation, proclamation. Meetings/Events/Training MEETINGS, EVENTS and TRAINING Officer May 4 COVID-19 policy group meeting May 4 and 14 Administration Department reorganization meetings May 5 Welcoming America conference May 6 Racial Equity: Community Engagement subcommittee May 13 Logo check-in meeting May 19-21 GARE conference May 24 Town board work session Web developer/asst. officer May 10 Joint Information Center planning meeting Specialist May Town board and appointed board meetings via YouTube Staff May 18 Staff Meeting May 19 Meeting with VHB Consulting about Comprehensive Sustainability Plan kickoff May 6 and 20 COVID-19 communicators meeting (officer and asst. officer) Safety and Risk Manager Report: May 2021 Meetings Attended/Conducted • Departmental meetings X 2 • HR Team meetings X 3 • Carolina Star (NCDOL) Monthly Meeting • Utilities meeting – safety supplies Site Inspections • Water Treatment Plant – NCDOL/OSHA Safety Audit follow-up • Wastewater Treatment Plant – NCDOL/OSHA Safety Audit follow-up • Gold Park • Turnip Patch Park X 3 • Murray Street Park • Hillsborough Heights Park • Cates Creek Park Miscellaneous • On target for 2nd quarter random FMCA drug screens • Working on pandemic related items (safety recommendations) • Worked on employee training schedule • Working on workers comp. claims • Working on completion of incident reviews (safety committee) • Stocked/distributed/ordered safety gear • Working on inspection requirements with safety committee members • Distributed updated safety wear • General duties concerning new facility at N.C. 86 N. • Forwarded safety inspection results to departments • Collecting fire extinguisher monthly check sheets • Forwarded recommendations (work orders) generated from park and facility inspections Planning Department Report May 2021 Revenues Collected April 2021 FY Year to Date Development Review fees $ 1,100.00 $ 5,000.00 Zoning Permits & HDC reviews $ 9,017.67 $64,799.38 Planning Total $ 10,117.67 $69,799.38 - 140% of budget projection ($50,000) Affordable housing payment in lieu - $ 0 Data is through May 31, 2021 for both permits and Certificates of Occupancy. Data for completed developments has been removed but totals still reflect all previous activity. Project name Approved units Permitted Completed Approved but not complete permits remaining Under construction Collins Ridge (Phase 1A-1) sfd 59 54 0 59 5 54 Collins Ridge (Phase 1A-2) townhome 89 87 0 89 2 87 Collins Ridge (Phase 1A-3) sfd 36 30 0 36 6 30 Fiori Hill 46 46 36 10 0 10 Forest Ridge 235 234 209 26 1 25 Total 1529 1514 1308 221 15 206 Misc. infill lots na 142 100 na 42 Grand Total 1656 1408 Approved & Under Construction Hillsborough Police Department Monthly Report May 2021 REPORTED OFFENSES - UCR Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2021 2020 2019 Part I Offenses Homicide 0 0 0 1 0 0 0 0 Rape 0 0 0 0 0 0 2 2 Robbery 0 0 1 1 1 3 6 5 Aggravated Assault 1 1 0 1 1 4 17 14 Burglary 2 4 4 4 3 17 20 26 Larceny/Theft 27 13 21 19 21 101 326 297 Motor Vehicle Theft 0 0 0 0 0 0 18 12 Total Part I 30 18 26 26 26 0 0 0 0 0 0 0 126 389 361 Other Offenses 2021 2020 2019 Simple Assault 7 3 10 8 10 38 109 77 Fraud/Forgery 4 0 2 2 5 13 24 21 Stolen Property 2 0 0 0 0 2 19 7 Damage to Property 10 10 8 16 12 56 97 59 Weapons Violations 2 4 2 2 1 11 26 5 Sex Offences 0 0 1 1 0 2 2 3 Drug Violations 11 11 12 7 7 48 125 85 Driving While Impaired 4 2 3 1 1 11 40 34 Liquor Law Violations 1 0 2 0 0 3 11 13 Trespassing 1 2 4 2 2 11 31 20 Domestic Related 7 7 15 8 12 49 133 119 Missing Persons 0 0 1 1 1 3 6 1 Summary of Select Offenses: On 05/04/2021, a Breaking and Entering and Injury to Property to an un unoccupied residence were reported in the 200-block of Dalton St. The victim advised that suspect(s) had entered a locked door and left pry marks. Nothing was taken. This incident is under investigation. On 05/06/2021, a Breaking and Entering and Larceny to an unoccupied apartment were reported to an at 206 S. Nash St. The victim advised that an unknown suspect(s) entered the apartment by unknown means and took 3 spoons valued at $60.00. On 05/23/2021, an Armed Robbery of a person was reported in the 300-block of Patriots Pointe Dr. The victim advised that two suspects brandished a gun and took a cell phone and chain, valued at $465.00, and a vehicle valued at $5,000.00. This incident is under investigation. On 05/27/2012, a Breaking and Entering and Larceny to an unoccupied residence were reported in the 200- block of W. Tryon St. The victim advised that over $8,000.00 in jewelry and items were taken. This incident is under investigation. On 05/29/2021, an Aggravated Assault was reported in the 1100-block of Ranger Dr. Officers responded to a domestic incident. The victim advised that the male suspect had a knife and had cut the victim previously. This incident is under investigation. Hillsborough Police Department Monthly Report May 2021 21 Larcenies were reported at various locations including: • 11 larcenies were shoplifting related incidents at Hampton Pointe- Walmart. • 3 larceny from business was reported–1 at 209 Millstone Dr., Carolina Behavioral Care, where a $5,000.00 backflow valve was taken. 1 at 1814 Beckett’s Ridge, Hillsborough Spa and Day Retreat, where a $5,000.00 backflow vale was taken. 1 at 200 US 70E, Walgreens, where $33.98 in hard seltzer was taken. • 2 Larcenies from Unlocked Motor Vehicles were reported –1 at 625 Hampton Pointe Blvd., Home Depot, where a $380.00 chainsaw was taken from the back of a pickup. 1 at 501 Hampton Pointe Blvd, Walmart, where a temp tag was taken off a vehicle. Narcotics/weapons related incidents: • During the month of May, Officers recovered small amounts of marijuana, paraphernalia, cocaine, prescription medication, and one handgun. Hillsborough Public Works May 2021 Monthly Report Work Orders: 5 completed within two days Public Spaces: 75 staff hours Stormwater Maintenance: 44.5 staff hours, 266 linear ft Cemetery: 4 graves marked Asphalt Repairs: 4 Utility cuts Memorial Day Flag Installation: 6 staff hours June 2021 BOC Meeting TOWN OF HILLSBOROUGH UTILITIES STATUS REPORT FOR MAY 2021 Prepared by Marie Strandwitz 6/9/21 Page 1 Water Restrictions There are currently no water withdraw restrictions. Our monthly water production average is currently 1.517 MGD. "Unaccounted-for" Water We had six service leaks. Miscellaneous repairs have been proceeding as needed. There has been several reports of water theft from hydrants or direct connections to water services without meters by construction contractors. We have created some informational blasts on this to ask the public to help identify theft and provide information, without confrontation. PROJECT STATUS West Fork of the Eno Reservoir The reservoir is around 5 feet below Phase 1 normal pool, at 37.9 feet. The May releases met or exceeded the minimum required release. Both Lake Orange and Lake Ben Johnson are spilling. May minimum release is 3.0 cfs. WFER Phase 2 Construction Project The project should be wrapping up by the end of the month if not early July. We have received approval to inundate the reservoir to its phase 2 level of 53 feet from the state dam safety office and the corps of engineers. The state water resources department needs to provide their confirmation and responsiveness has been a challenge. The June 14 agenda item includes a deed restriction for town parcels surrounding the reservoir to satisfy mitigation requirements for the 401 state certification and it is hopeful this action spurs an affirmative response from this department. One remaining item will be to transfer the easements obtained for the road project to NCDOT. WTP New WTP Superintendent Nathan Cates with an assist from WWTP Superintdent Jeff Mahagan is doing a great job assessing and attending to many items at the WTP to improve operations and maintenance. The 2020 water quality report will be coming out at the end of the month. It will note and explain the outside lab error for our 2020 inorganics sampling that resulted in a state violation and penalty. We have also aken the opportunity to add several other informative sections to this report about our water system and rates. Fees Fees as proposed in a past BOC meeting are being developed. They may not be complete to adopt with the budget. Collection System Modeling The Phase 2 modeling report should be finalized by the end of the month. The preview of the report indicates that wet weather is a problem in the River pumping station basin (basically north of the river). Growth will require capacity upgrades on the south side for contributions to the Elizabeth Brady pumping station basin. Sewer capacity and improvements will need to be a discussion item within the next few months. Staffing Julie Laws retired May 28. On the June 14 agenda we are requesting to modify her classification to a support engineer. If approved, we will advertise shortly thereafter. Finding quality applicants for the Lead Inspector and night shift WTP Operator is slow going and these positions will be extended. Water and Sewer Advisory Committee (WSAC) Activities WSAC in-person meetings have been cancelled during the COVID-19 pandemic.The last virtual meeting was held May 6, 2021. The next meeting will be in August. We will discuss filling the vacant committee position.