HomeMy Public PortalAbout09-13-21 Regular MeetingMinutes
Board of Commissioners
Remote regular meeting
7 p.m. Sept. 13, 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: Economic Development Planner Shannan Campbell, Assistant to the Manager/Deputy Budget
Director Jen Della Valle, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Finance
Director Tiffany Long, 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
Colin Dodd, a Hillsborough resident, addressed the board. He expressed interest in the board putting terms on
its relationship with the Hillsborough/Orange County Chamber of Commerce.
3.Agenda changes and approval
Planning Director Margaret Hauth requested that Item 7B be pulled from the agenda and that Item 9.B, a
Closed Session item regarding land/easement acquisition, be added.
Motion: Commissioner Matt Hughes moved to approve the agenda as amended. Commissioner Mark
Bell seconded.
Kimrey called the roll for voting.
Vote: 5-0. Ayes: Commissioners Bell, Robb English, Kathleen Ferguson, Hughes and Evelyn Lloyd. Nays:
None.
4.Presentations
A.Comprehensive Sustainability Plan: Community Visioning Survey Results
Public Space Manager Stephanie Trueblood introduced Candice Andre and Margaret Tartala from VHB
Consulting. Andre reviewed the slides with the board (in the agenda packet). She said there was a good
number of responses from a diverse group of mostly residents. More than half of respondents love the small-
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Board of Commissioners Regular Meeting
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Oct. 11 2021
town feel of Hillsborough. Many respondents referenced the natural, scenic areas. Challenges included traffic
congestion, loss of land, and lack of sidewalk and greenway connections.
Andre said VHB Consulting will be meeting with boards and staff to work on the individual chapters of the
plan.
Hughes asked how the town can get more diverse input on the plan. He said about 60% of the town is white
and 83% of respondents are white. He also thinks the income level and ages of those who responded do not
reflect the town’s residents.
Andre said VHB Consulting has sometimes held events in parks or has attended festivals.
Public Space Manager Stephanie Trueblood said in the first month the survey was distributed electronically.
To get more diverse participation, the survey was kept open for several months and she attended nonprofit
events and met with organizations to raise awareness of the survey and to hand out paper copies of the
survey, which staff then keyed in. She noted Hillsborough PORCH allowed her to distribute and collect paper
surveys at several food distribution events.
Hughes asked staff and the board to mentally adjust for the source of the survey information.
Bell asked if there were any lessons to be learned before doing this again.
Andre said not yet.
B. Quarterly Tourism and Economic Development Report
Economic Development Planner Shannan Campbell said the prepared food and beverage tax revenue and
occupancy tax revenue indicate tourism had a strong summer. People continue to express interest in bringing
businesses to both undeveloped and developed parcels in Hillsborough. She noted the labor shortage is
ongoing.
5. Appointments
A. Historic District Commission
1. Appointment of Elizabeth Dicker to fill vacancy for a term expiring Oct. 31, 2024
2. Appointment of Will Senner to fill vacancy for a term expiring Oct. 31, 2024
B. Parks and Recreation Board — Appointment of Richard von Furstenberg for a term expiring Sept. 30, 2024
C. Planning Board — Appointment of Cassandra Chandler to fill vacancy for a term expiring Sept. 30, 2024
Motion: Bell moved to approve appointments as stated. Ferguson seconded.
Kimrey called the roll for voting.
Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None.
6. Items for decision ― consent agenda
A. Minutes
1. Joint public hearing July 15, 2021
Sept. 13, 2021
Board of Commissioners Regular Meeting
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Oct. 11 2021
2. Regular meeting Aug. 9, 2021
3. Work session Aug. 23, 2021
B. Miscellaneous budget amendments and transfers
C. Award construction bid for Valley Forge Road culvert replacement to Chatham Civil Construction
D. Consistency statement and ordinance to amend Section 3.8.11 of the Unified Development Ordinance –
Evidentiary Hearings
E. Consistency statement and ordinance to amend Section 9.1.5.2 Unified Development Ordinance – Permissible
Encroachments into Required Setbacks
F. Classification and pay amendment – FY22 salary schedule
G. Resolutions accepting public streets in Forest Ridge phases 1, 2, 3, and 5 and 300 feet of Summit Trail Drive in
Harmony at Waterstone
H. Acceptance of Fiori Hills water and sewer system extensions
I. Acceptance of Orange County Northern Campus water and sewer system extensions
J. DRAFT Request for Qualifications (RFQ) for future train station design and engineering
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.
7. Items for decision ― regular agenda
A. Special Use Permit modification – 2800 Old N.C. 86 Waterstone medical office building
Guests Jeremy Anderson and Torn Baccich were present.
Motion: Hughes moved to grant the waiver. Lloyd seconded.
Discussion: English said he wanted to avoid this situation in the future (where the project is first built and
then the builder requests a waiver for the part that doesn’t align with the Special Use Permit).
Planning Director Margaret Hauth said this applicant does not do a lot of work in Hillsborough
and is not likely to do this again.
Kimrey called the roll for voting.
Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None.
B. Master Plan modification – Collins Ridge to provide affordable housing land off-site
C. Resolution regarding Collection System Capacity and Growth – Interim Direction
Utilities Director Marie Strandwitz said this is a follow-up to the presentation given on Aug. 23.
Motion: Ferguson moved to approve. Bell seconded.
Discussion: Hughes said he likes the resolution except for the third bullet. His fear is the third bullet as
written means never the board will consider satellite annexations in the future. He feels like
there is a difference between out-of-town parcels within the Urban Services Boundary.
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Board of Commissioners Regular Meeting
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Oct. 11 2021
Strandwitz said he may be thinking of landowners along the route of existing infrastructure.
Hughes nodded. Strandwitz said the concern the bullet was addressing was new development.
She asked if a compromise could be to revisit the third bullet in March.
Motion: Ferguson amended the resolution to add “for six months.”
Hauth suggested moving the third bullet under the fourth bullet so that it would be clear that there is no
support for approving satellite annexations in the River Pumping Station Sewer Basin.
Town Attorney Bob Hornik suggested adding the words “very little support” or “no current support.”
Hughes said he would like the third bullet moved under the fourth bullet.
Bell said he was comfortable with Hornik’s suggested wording.
Hornik suggested stating in the third bullet that this issue will be reviewed again in March 2022. Hughes and
Ferguson agreed with that suggestion.
Motion: Ferguson amended motion to approve the resolution with the amendment of a statement in
the third bullet that the board will review this in March 2022. Bell’s second stands.
Kimrey called the roll for voting.
Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None.
D. Discussion with Duke Energy representatives about policies for banner permitting on poles
Guests included Indira Everett, Scott Freeburn, and James Cowling of Duke Energy.
Everett said Duke Energy staff monitors social media and saw complaints about the town flying Pride flags on
the Duke Energy poles. She reviewed public entities can enter into agreements with Duke Energy to hang
banners but not flags. The town has an agreement with Duke Energy to hang holiday decorations, which will
continue to be allowed. Banners cannot have political or religious references or discriminatory or hateful
speech. American flag banners are allowed as long as presented within guidelines of United States flag code.
The contact for pole agreements is Theresia Elliott.
Hughes asked for clarification that Pride banners are acceptable. He also noted that Public Works staff have
been installing banners and not a Duke Energy-approved contractor.
Everett said a rainbow banner, approved by the board, is fine. The board thanked Everett for attending and
she then left the meeting.
Hauth asked for direction from the board.
Hughes is interested in banners and noted the current Town of Hillsborough banners are faded.
Campbell said it would take staff two to three business days to install banners and updated hardware. She
agrees the 250th anniversary banners are wearing out. When asked, she said there are 50 to 60 poles where a
banner could be installed.
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Board of Commissioners Regular Meeting
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Oct. 11 2021
Trueblood said although the banner locations are spread out, the majority are on Churton Street, which is a
state road. Our crew installs before rush-hour traffic. A contractor might work during peak traffic times. The
town would probably have to pay staff to make sure the contractors are controlling traffic smoothly. Public
Works staff know what they are doing.
Ferguson expressed interest in creating some entrances with flagpoles with one location being near Capital
Ford.
Campbell said sign easements and special events banners may help accomplish what the board wants.
Bell suggested creating a task force to identify entranceways where the town would want monument signs.
He noted Capital Ford is not the entranceway for many parts of town.
Trueblood said the state specifies that banners have to be a certain height above the street and Duke Energy
needs them lower than a certain distance from the power lines, so it may not be possible to install banners on
some poles.
Hughes thinks there should be collaboration to install flags on county property and at the fire station.
Ferguson expressed interest in involving the community.
Weaver summarized there is interest in displaying American flags on the U.S. holidays and Pride flags for Pride
month. She feels the board is on the edge of creating a big project for staff. She summarized there is interest
in purchasing some new “Welcome to Hillsborough” banners. It does not sound feasible to change out
banners for different holidays. There is a general desire to use town property, but the Town Hall Campus
flagpole is not visible from the street.
Town Manager Eric Peterson suggested the board give staff a few weeks to come back with some options.
Campbell said the next step is to see if the current banners meet Duke Energy’s requirements.
Hauth said staff could bring a proposal to the budget discussions in December. Staff can determine where
current installations are permittable and then have a couple of options more fleshed out with costs for budget
discussion.
Ferguson suggested creating a schedule where banners are not switched out more than once a month.
E. Continued board discussion of when to return to in-person meetings
Mayor Weaver made recommendation to continue to meet remotely and check in again in October. The
board concurred.
F. Hot topics for work session Sept. 27, 2021
Weaver noted the board would review, discuss and prioritize transportation and connectivity projects.
8. Updates
A. Board members
B. Town manager
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
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Oct. 11 2021
C. Staff (written reports in agenda packet)
Motion: Bell moved to enter closed session at 10:05 p.m. Ferguson seconded.
Kimrey called the roll for voting.
Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None.
9. Closed session
A. Closed session as authorized by North Carolina General Statute Section 143-318.11 (a)(3) regarding legal
limitation and obligations for spending stormwater fees for system improvements
No action was taken.
B. Closed session as authorized by North Carolina General Statute Section 143-318.11 (a)(3) regarding
land/easement acquisition located at 410 Valley Forge Rd from property owners Doug and Kimberly Robbins
(Added item)
The board returned to Open Session at 10:42 p.m.
Motion: Lloyd moved to authorize staff to offer up to $500 and release greenway easement to acquire
easements necessary for the Valley Forge Road improvements. Hughes seconded.
Kimrey called the roll for voting.
Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None.
10. Adjournment
Motion: Hughes moved to adjourn at 10:45 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
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 6 of 19
Oct. 11 2021
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2021-2022
DATES: 09/13/2021 TO 09/13/2021
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
10-00-9990-5300-000 CONTINGENCY
09/13/2021 400,000.00 -23,000.00To cover PDHQ roof replacement 23994 273,300.00EBRADFORD
09/13/2021 400,000.00 -1,000.00To cover Substation fire alarm monitoring 23996 272,300.00EBRADFORD
09/13/2021 400,000.00 -16,000.00To cover roll out carts for townhomes 23999 256,300.00EBRADFORD
09/13/2021 400,000.00 -4,200.00To cover radar signs 24001 252,100.00EBRADFORD
10-10-4900-5300-570 MISCELLANEOUS
09/13/2021 89,000.00 4,200.00To cover radar signs 24000 93,200.00EBRADFORD
10-10-5000-5300-490 C.S./ALARM
09/13/2021 5,000.00 1,000.00To cover Substation fire alarm monitoring 23995 6,000.00EBRADFORD
10-20-5100-5700-735 CAPITAL - BUILDINGS & IMPROVEMENTS
09/13/2021 59,000.00 23,000.00To cover PDHQ roof replacement 23993 82,000.00EBRADFORD
10-30-5800-5300-410 C.S./ROLLOUT CONTAINER
09/13/2021 8,500.00 16,000.00To cover roll out carts for townhomes 23998 24,500.00EBRADFORD
0.00
EBRADFORD 3:36:25PM09/07/2021
fl142r03
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GF-
Contingency
Planning
Town Hall
Campus
Police
Solid
Waste
APPROVED: 5/0
DATE: 9/13/21
VERIFIED: ___________________________________
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 7 of 19
Oct. 11 2021
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2021-2022
DATES: 09/13/2021 TO 09/13/2021
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
10-00-3900-3900-000 FUND BALANCE APPROPRIATION
09/13/2021 280,311.00 382,817.00To cover Valley Forge construction 24007 663,128.00EBRADFORD
10-71-5600-5982-002 TRANSFER TO GEN CAP IMPROV FUND
09/13/2021 0.00 382,817.00To cover Valley Forge construction 24008 382,817.00EBRADFORD
60-11-3870-3870-404 TRANSFER FROM GF-VALLEY FORGE
09/13/2021 229,263.00 382,817.00Update budget to reflect proj bids 24003 612,080.00EBRADFORD
60-11-5600-5700-727 VALLEY FORGE RD INFRASTRUCTURE
09/13/2021 493,000.00 382,817.00Update budget to reflect proj bids 24009 875,817.00EBRADFORD
1,531,268.00
EBRADFORD 3:19:42PM09/08/2021
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GF-
Revenue
Streets
Gen Cap
Improv Fund
Gen Cap
Improv Fund
APPROVED: 5/0
DATE: 9/13/21
VERIFIED: ___________________________________
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 8 of 19
Oct. 11 2021
TOWN OF HILLSBOROUGH
CAPITAL PROJECT ORDINANCE - AMENDMENT
VALLEY FORGE ROAD STREET & STORMWATER PROJECT
BE IT ORDAINED by the Town of Hillsborough Board of Commissioners that, pursuant to Section 13.2 of
Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby
amended:
Section 1: Revenues anticipated to be available to the town to complete the project are hereby
amended as follows:
Current
Budget +/-
Amended
Budget
General Capital Improvement Fund
Valley Forge $555,000 $382,817 $937,817
Section 2: Amounts appropriated for the capital project are hereby amended as follows:
Current
Budget +/-
Amended
Budget
General Capital Improvement Fund
Valley Forge $555,000 $382,817 $937,817
Section 3: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance
Officer to be kept on file by them for their direction in carrying out this project.
Adopted this 13th day of September, 2021.
Jenn Weaver, Mayor
Attest:
Sarah Kimrey, Interim Town Clerk
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 9 of 19
Oct. 11 2021
Town Board’s Statement per N.C. Gen. Stat. 160A-383
The Town of Hills borough Town Board has received and reviewed the application of
_planning staff_ to amend the Town of Hillsborough Unified Development Ordinance as follows
(insert general description of proposed amendment):
Section 3.8.11 – Notice of Evidentiary Hearing to include mail, posting, and advertised notice as
required by NC 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 provide flexibility for existing dwellings that are nonconforming in regard to
setbacks and is more consistent with the current building practice.
Adopted by the Town of Hillsborough Board of Commissioners this _13th day of _September,
2021.
_____________ _________
Sarah E. Kimrey, Interim Town Clerk
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 10 of 19
Oct. 11 2021
ORDINANCE NUMBER: 20210913-6.D ORDINANCE
Amending the Unified Development Ordinance of the Town of
Hillsborough
The Hillsborough Board of Commissioners ordains:
Section 1. The Unified Development Ordinance Section 3.8.1 is hereby amended as follows, replacing the
second paragraph and adding a third:
Written notice shall be sent to the applicant, owner of the property subject to the request, and
the owners of all property lying within 500 feet of the property which is the subject of the
application as indicated on the then-current Orange County tax rolls. The notice must be
deposited in the mail at least ten (l0) days, but not more than twenty-five (25) days before the
hearing date. In computing such period, the day of publication is not to be included but the
day of the hearing shall be included.
A notice of the request shall be placed on the site that is subject to the hearing or on an
adjacent street or highway right-of-way at least ten (l0) days, but not more than twenty-five
(25) days before the hearing date.
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
13th day of September in 2021.
Ayes: 5
Noes: 0
Absent or excused: 0
Sarah E. Kimrey, Interim Town Clerk
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 11 of 19
Oct. 11 2021
Town Board’s Statement per N.C. Gen. Stat. 160A-383
The Town of Hills borough Town Board has received and reviewed the application of
_planning staff_ to amend the Town of Hillsborough Unified Development Ordinance as follows
(insert general description of proposed amendment):
Section 9.1.5.2 - Permissible Encroachments into Required Setbacks to allow HVAC and auxiliary
power supplies for single-family residential to encroach.
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 provide flexibility for existing dwellings that are nonconforming in regard to
setbacks and is more consistent with the current building practice.
Adopted by the Town of Hillsborough Board of Commissioners this _13th day of _September,
2021.
_____________ _________
Sarah E. Kimrey, Interim Town Clerk
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 12 of 19
Oct. 11 2021
ORDINANCE NUMBER: 20210913-6.E ORDINANCE
Amending the Unified Development Ordinance of the Town of
Hillsborough
The Hillsborough Board of Commissioners ordains:
Section 1. The Unified Development Ordinance Section 9.1.5.2 is hereby amended as follows, replacing
subsection “e” to read:
Residential mechanical equipment, including but not limited to generators and HVAC units or
components, are not required to observe minimum setbacks. These installations for non-
residential and multi-family uses are required to observe minimum setbacks, regardless of
the zoning district.
Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 3. This ordinance shall become effective upon adoption.
The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this
13th day of September in 2021.
Ayes: 5
Noes: 0
Absent or excused: 0
Sarah E. Kimrey, Interim Town Clerk
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 13 of 19
Oct. 11 2021
RESOLUTION
Accepting Dedication of Roads for Public Ownership:
Forest Ridge Phases 1, 2, 3, and 5
WHEREAS, The Hillsborough Town Board approved a Special Use Permit authorizing the construction of
the neighborhood known as Forest Ridge on June 8, 2009; and
WHEREAS, The approved plans was requires the dedication of the new street network to the town; and
WHEREAS, The developer guaranteed the construction of the network through a series of performance
bonds; and
WHEREAS, The bonds were released in February, 2020 based on site inspections of the work being
guaranteed as adequate and consistent with approved plans; and
WHEREAS, The applicant has submitted adequate information to verify the construction quality and
construction value to allow these resources to be accepted by the town; and
NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners hereby accepts the dedication
of the following roads in Phases 1, 2, 3, and 5 of the approximate lengths shown:
Boxwood Trace Lane 150 feet (Phase 5)
Clarkson Ridge Lane 830 feet (Phase 1)
Dogwood Bloom Lane 685 feet (Phase 1)
Ellsworth Manor Drive 1,342 feet (Phase 2 and 3)
Maple Glen Drive 390 feet (Phase 1)
Quincy Cottage Road 2,250 feet (Phase 1, 2, and 3)
Spring Overlook Lane 750 feet (Phase 5)
Stanton Gable Lane 600 feet (Phase 5)
Talondale Court 440 feet (Phase 3)
BE IT FURTHER RESOLVED that no warranty period is required for these streets due to the
expiration of more than one year from the release of the bonds and formal acceptance by the town.
Approved this 13th day of September 2021.
Jenn Weaver, Mayor
Town of Hillsborough
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 14 of 19
Oct. 11 2021
RESOLUTION
Accepting Dedication of Road for Public Ownership:
Portion of Summit Trail Drive
WHEREAS, The Hillsborough Town Board approved a Special Use Permit authorizing the construction of the
neighborhood known as Harmony at Waterstone on September 12, 2016; and
WHEREAS, The approved plans require the dedication of the portion of Summit Trail Drive from Waterstone
Drive north for approximately 300 feet to facilitate a future road connection to an adjoining undeveloped parcel ; and
WHEREAS, The applicant has submitted adequate information to verify the construction quality and construction
value to allow these resources to be accepted by the town; and
WHEREAS, Town staff conducted a site inspection in April, 2021 to verify the construction status; and
NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners hereby accepts the dedication of
approximately 300 feet of Summit Trail Drive, beginning at Waterstone Drive and extending north into the Harmony
neighborhood.
BE IT FURTHER RESOLVED that the one-year warranty period begins with the approval of this
resolution.
Approved this 13th day of September 2021.
Jenn Weaver, Mayor
Town of Hillsborough
Resolution #20210913-6.G
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 15 of 19
Oct. 11 2021
RESOLUTION
GRANTING A SPECIAL USE PERMIT MODIFICATION
For Special Use Permit 2019-04
WHEREAS, the Town of Hillsborough Board of Commissioners has received an application from Flagship
Waterstone MOB, LLC to modify their Special Use Permit 2019-04 to operate a medical office at 2800 Old NC 86
on the parcel known as OC PIN 9873-04-8697; and
WHEREAS, the application was received prior to the adoption of the most recent Unified Development
Ordinance, so the Planning Board and Town Board are the appropriate reviewing authority under the previous
ordinance; and
WHEREAS, the Town of Hillsborough Planning Board and the Board of Commissioners conducted a joint
public hearing to consider the application on July 15, 2021 after giving notice thereof as required by law; and
WHEREAS, at the aforesaid public hearing, the Applicant and all others wishing to be heard in connection
with the Application were given an opportunity to do so; and
WHEREAS, the Town of Hillsborough Planning Board has made its recommendation to the Town of
Hillsborough Board of Commissioners regarding the Application; and
WHEREAS, the Town of Hillsborough Board of Commissioners has considered the recommendation of the
Planning Board and all the information and testimony presented to it at the public hearings.
NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners, on motion of Commissioner
Matt Hughes, seconded by Commissioner Evelyn Lloyd, this 13th day of September 2021 as follows:
1.The Board of Commissioners has considered all the information presented to it both in support of and in
opposition to the application at the July public hearing.
2.The Board of Commissioners finds that the requested permit is within its jurisdiction according to the Table
of Permissible Uses, that the application is complete, and that if the proposed development is completed as
proposed in the application, subject to the Special Conditions attached hereto, it will comply with the requirements
of the Unified Development Ordinance in effect at the date of application.
3.The Special Conditions attached hereto are intended to preserve and/or promote the health, safety and
welfare of the surrounding areas and the Town of Hillsborough in general, and to ensure that the provisions
established by Section 3.8 and 5.2.9.2 of the Unified Development Ordinance are met.
4.Upon adoption of this Resolution, the Town of Hillsborough shall issue a Special Use Permit modification
in the standard form with the Special Conditions attached and notice of this decision and issuance of the special
use permit shall be transmitted forthwith in accordance with Section 3.8.16 of the Unified Development Ordinance.
5.The Special Conditions applying to this Special Use Permit modification are:
Resolution #20210913-7.A
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 16 of 19
Oct. 11 2021
a.The conditions attached to the December 9, 2019 approval remain in effect.
b.An additional waiver is hereby granted as requested to Section 6.9.3.7, requiring parking spaces to be
separated from an exterior building wall by a five-foot landscaped area, to accommodate a required access ramp
as shown on the applicant drawings dated March 19, 2021.
Approved this 13th day of September, 2021.
Sarah E. Kimrey, Town Clerk
Town of Hillsborough
Resolution #20210913-7.A Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 17 of 19
Oct. 11 2021
RESOLUTION
Regarding Collection System Capacity and Growth
Interim Direction
WHEREAS, hydraulic modeling of the collection system with committed and potential growth shows
necessary improvements are needed to accommodate growth; and
WHEREAS, the Board of Commissioners received a presentation and recommendations for a path forward
on the modeling results and its impacts to the town’s budget and planning initiatives for growth at its August 23,
2021 Workshop; and
WHEREAS, at said Workshop, it was suggested to formalize the recommended direction to provide a
consistent message to the development community from staff and avoid any confusion on the planned path
forward to address extraneous flow in the collection system generally on the north side of the Eno River and
monitor planned growth on the south side of the Eno River;
NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners the following:
•The Board of Commissioners and town staff reaffirm the desire to welcome and accommodate growth
in an orderly and sustainable manner in accordance with suitable recommendations from or arising
out of planning and utilities studies; however, time is needed to gather more resources for the next
steps.
•The existing Urban Services Boundary (the water and sewer area established by intergovernmental
agreement by multiple jurisdictions) shall not be expanded for the sole purpose of additional
development.
•Until at least March 2022, there is little support to approve satellite annexations (developments on out-
of-town parcels but within the Urban Services Boundary not contiguous to the current jurisdiction).
•Given the significant wet weather concerns in the River pumping station sewer basin (the area
generally to the north of the Eno River and certain areas along South Churton Street), authorize the
Utilities Director to indicate there is no available new sewer capacity in this basin until at least March
2022, when the next recommendations are provided to the Board of Commissioners. This will allow:
o time to initiate a pilot project in one of the leakiest sewer basins discharging into the River
pumping station sewer basin to determine the issues and develop a solution to correct them,
with potential extraneous wet weather flow elimination estimations.
o further evaluation of any interim solutions to accommodate new development in this basin.
o more progress to occur on the currently underway Comprehensive Sustainability Plan that will
determine what kind and where growth will be in the best interests of the town and its existing
residents.
o assessment of funding mechanisms for the recommended collection system improvements,
including the relocation of the River Pumping Station out of the floodplain, upsizing key sewer
Resolution #20210913-7.C
Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 18 of 19
Oct. 11 2021
interceptors in the River pumping station basin and ways to reduce extraneous flows in the
entire sewer system.
Staff is proposing to submit a Letter of Intent under the 2021 Building Resilient
Infrastructure and Communities Program for the River Pumping Station relocation as
well as a water project to build a booster pumping station to receive water from Orange
Water and Sewer Authority.
o some redevelopment projects and individual construction on single vacant lots not part of a
subdivision or multiple home/building plan within the River Pumping Station sewer basin to
still occur as determined by staff.
o continued monitoring of development flow in the Elizabeth Brady pumping station basin with
future examination about necessary improvements.
o the Board of Commissioners to ponder and prepare to identify priority development areas and
discuss various topics such as type and amount of growth, other utilities capital needs, capacity
allocation and reservation, upgrades versus rehabilitation to reduce extraneous flows, and
funding resources.
o staff to collect and prepare more information and discussion related to the above topics.
Approved this 13th day of September 2021.
Jenn Weaver, Mayor
Town of Hillsborough
Resolution #20210913-7.C Sept. 13, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 19 of 19
Oct. 11 2021