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Home My Public Portal About08-09-21 Regular Meeting Minutes Board of Commissioners Remote regular meeting 7 p.m. Aug. 9, 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, Chief Duane Hampton, Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Interim Town Clerk/Human Resources Technician Sarah Kimrey, Finance Director Tiffany Long, Town Manager Eric Peterson, Utilities Director Marie Strandwitz, Public Space Manager Stephanie Trueblood and Graduate Intern Cornelis Verkerk Opening of the meeting Mayor Jenn Weaver called the meeting to order at 7:02 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 Weaver noted Item 6F would be removed from the agenda. Commissioner Matt Hughes joined the meeting at 7:03 p.m. Motion: Commissioner Kathleen Ferguson moved to approve the amended agenda. Commissioner Mark Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Commissioners Bell, Robb English, Ferguson, Hughes and Evelyn Lloyd. Nays: None. 4. Appointments A. Tree Board — Appointment of Sharon Billings to fill vacancy for a term expiring July 30, 2024 B. Tree Board — Appointment of Linda Paynter to fill vacancy for a term expiring July 30, 2024 C. Board of Adjustment — Resolution to Orange County requesting the appointment of Richard Chapple to fill a vacancy for a term ending Sept. 30, 2023 Motion: Ferguson moved to approve the appointments and appointment recommendation. Hughes seconded. Kimrey called the roll for voting. Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 12 Sept. 13, 2021 Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 5. Items for decision ― consent agenda A. Minutes 1. Budget work session June 7, 2021 2. Regular meeting June 14, 2021 3. Work session June 28, 2021 4. Closed session June 28, 2021 B. Miscellaneous budget amendments and transfers C. Special Event Permit Request – Carolina Tarwheels BikeFest 2021 D. Special Event Permit Request – Oeno on the Eno Wine Walk E. Donation by Walter Woodrow Burns Jr. and Catharine Burns of artwork, “A Gathering of Women” by Hillsborough artist Virginia Bullman F. Request for an oversized headstone in town cemetery G. Resolution exempting minor design work for the Fairview substation from the Mini-Brooks Act requirements for qualification-based selection H. Editorial updates to the Eno River Capacity Use Investigation Water Management Operations Plan Motion: Ferguson moved to approve all items on the consent agenda. Hughes 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. Name the Police Substation Community Center to Dorothy N. Johnson Community Center The board recently authorized a lease with the Fairview Community Watch enabling the community group to convert the space into a dedicated community center space. Dorothy Johnson, who is deceased, was an integral part of the Fairview Community Watch and an advocate for her community. Weaver asked the board to hold off on voting until guests joined the virtual meeting. Motion: Ferguson moved to approve the name. Hughes seconded. Johnson’s daughter, Patricia Harrison, said her mother is smiling from above, wanted this community center and loved this community so much. Fairview Community Watch President Faylor Riley also thanked the board for renaming the building. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. B. Request for “Your Speed” sign on Cornelius Street The board received a request to install a sign that displays a vehicle’s speed on Cornelius Street between North Churton Street and Lawndale Avenue. The sign was requested by Jeff Martin, a resident who lives off McAdams Road. Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 12 Sept. 13, 2021 Hauth said the North Carolina Department of Transportation has noticed that “Your Speed” signs have had a positive impact on the speed of drivers. Martin addressed the board. He thanked the board for reducing the minimum water usage fee, which he said gave him extra incentive to conserve water. Martin said he witnessed the positive difference the “Your Speed” sign made on Churton Street. He said at first his request for a sign did not produce results from the Hillsborough Police Department. He expressed concerns that the traffic counter that was placed on Cornelius Street was a seasonal snapshot during a pandemic. Hughes asked if the town uses the data collected by the sign in any way. Hauth said she was not aware of the data being used. Bell said there are three Mustang GTs in town with an active-valve performance exhaust system. This is a roughly $900 add-on that Ford offered. The add-on allows drivers to choose between four different levels of loudness, with the top volume being 114 decibels. He has reported the cars and license plate numbers to the Hillsborough Police Department. He said the cars do a loop around Hillsborough that includes West King Street. From his home on West King Street, he can hear the cars for the entire lap. Bell said he is supportive of the sign. He thinks the speed sign will help some and yet there are a few drivers who are doing this on purpose. Town Attorney Bob Hornik asked if installing the sign on a state road would be a problem. Hauth said the town will need an encroachment agreement. It has such an agreement for the sign on Churton Street, which is also a state road. Bell asked if the town could update its ordinances to explicitly outlaw the type of muffler he described. Hampton said noise is difficult to regulate. Town Manager Eric Peterson said the town receives many requests for these signs. He is confident the police department followed the process. At some point, the town needs to write standards for the speed signs, he added. Hampton addressed Hughes’ earlier question about the sign’s data. He said nothing is done with the data. The small signs have data that can be pulled. The big signs have too much data to pull in any purposeful way. Motion: Bell moved to approve the request. Ferguson seconded. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. C. Request from Waterstone Terraces and Crescent Magnolia to provide solid waste collection and accept streets as public Hauth said Graduate Intern Cornelis Verkerk analyzed what it would take to make streets in townhome communities public and determined the town has capacity for providing street maintenance and trash service. Hauth said that although Fiori Hills has detached single-family homes, the private streets in that community are too narrow for the town’s garbage truck. The townhome communities already receive recycling service from Orange County. Orange County’s recycling truck is similar to the town’s garbage truck. Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 12 Sept. 13, 2021 Hauth explained the private streets that staff recommends converting to public streets are the width of typical public streets in town but have narrower rights of way. This means some utilities are located in easements instead of in rights of way. Before accepting the streets, the town needs information on how the streets were constructed. Neighborhoods can provide core samples to give the town that information. Verkerk added that a core sample is needed for each street section and for each dead-end. This is advised by NCDOT. A visual inspection of pavement distresses can provide additional information. Hauth recommended moving forward with making the streets public soon. She added that Interim Public Works Director Dustin Hill has been involved in this conversation. Ferguson asked if making these streets public would eventually lead to the town needing to hire another employee or additional equipment. Hauth said it is hard to say. English spoke in favor of staff recommendations. He wondered whether Orange County provides recycling services for Fiori Hills. Hughes said he is philosophically opposed to allowing private streets because residents pay the same amount of taxes as those who live on public streets and receive street maintenance and trash services. The town manager added the trash truck wears out faster the more it is used and adding streets would increase the town’s repaving costs but he agrees with Hauth’s recommendations. He added that the private streets in these townhome developments was a major part of the analyses when the board asked staff if the town could afford the townhome communities. Hughes asked whether it was possible for the town to provide services outside the town limits, for instance trash service in the Churton Grove neighborhood. Peterson said he would have to consult with the town attorney. He thinks annexation would be the answer. The town attorney said he thinks the town or county could create municipal service district. Weaver invited residents to speak. Laura Eastwood, who lives in Waterstone Terraces, said she is paying the same tax rate but does not receive the town services provided to Waterstone Estates. She realized this at a homeowners association meeting when it was announced that Waterstone Estates streets would be turned over to the town and Waterstone Terraces streets would not. She would like for the streets to be town streets. Liz Becker thanked the board for being receptive to the request. Joe Becker, a resident of Waterstone Terraces, also requested the streets be made public. Motion: Ferguson moved to approve the streets as public. English seconded. Weaver noted the agenda packet indicated this was a discussion item to provide direction to staff. Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 12 Sept. 13, 2021 Hauth requested the board vote to authorize staff to work with this neighborhood and approach the other townhome neighborhoods about the process for making their streets public as well. Motion: Ferguson amended the motion to authorize staff to pursue acceptance of the streets and provision of solid waste services. English seconded. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. D. Direction to staff regarding single pole flags, banners, and holiday decorations on Duke Energy light poles Hauth said staff learned in June that Duke Energy no longer allows single-pole flags on utility poles. Duke Energy can approve banners affixed in two places but also must approve the messaging. Duke Energy can also approve lighted winter decorations. The town has a winter decoration agreement on annual automatic renewal. It appears the town never had an agreement for banners and flags. Hauth said there does not seem to be a penalty issued by Duke Energy for not following the utility’s rules. Staff does not recommend exchanging the flags for banners because it takes a lot of staff time to change the banners. Weaver asked if Hauth had more information about the messaging that is permissible. Hauth said she had inquired what is acceptable messaging and Duke Energy had not responded. Hauth confirmed the town only has Town of Hillsborough banners. Those are taken down when winter decorations are installed. Hauth said people have asked her about the possibility of the town installing its own flag poles along Churton Street. Hauth said West Jefferson, North Carolina, does that. It is festive. Each pole would have to be a breakaway pole for traffic safety. Hauth added one option would be to install flags wherever the town owns a building. The board agreed the town should not break Duke Energy’s rules by installing flags for Labor Day. The board expressed interest in pursuing other options for displaying flags. There was interest in inviting a Duke Energy representative to the board meeting in September. E. Lease agreement with Sentry Property Management for Hillsborough Police Department’s fitness center and training facility Police Chief Duane Hampton said Fairview Community Watch has expressed a strong interest in converting the entire former police substation into a community center. The Hillsborough Police Department has housed fitness equipment in that building and has used the former furniture store on North Churton Street as the annual fitness testing site. The latter is not climate controlled and is slated to be demolished so the site can be redeveloped as a fire station. He recommends the town lease space off Meadowlands Drive. In addition to housing fitness equipment, the new location could house the virtual de-escalation simulator. The space would be ready in December. Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 12 Sept. 13, 2021 Ferguson asked if it would be wise to make the lease for more than three years. Hampton said he would be less comfortable with a long-term lease. Motion: Ferguson moved to authorize the lease of the building and approval of the budget amendment. Lloyd seconded. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. F. Determination on town code noise exemptions for permitted Special Events G. Board discussion on when to return to in-person meetings Ferguson said she is not comfortable with resuming in-person meetings until the number of COVID-19 cases is decreasing appreciably. She said the board needed to model good public health practices and also take into account the variants and how much time has passed since the board members have been vaccinated. Bell said he was comfortable with keeping the meetings remote for now and revisiting the topic monthly. The town attorney reminded the board that if the governor were to allow the state of emergency to expire, then remote meetings would no longer be an option. Hughes said he echoes the health concerns that have been mentioned. He said one of the reasons he asked was until recently a lot of municipal and county boards were starting to meet in person. He’s eager to do so. English said he is ready to attend in-person meetings but following the directions of the health department is the right way to go. He agreed that asking each month makes sense. Hauth said it is not helpful that the governor’s office gives short notice about the extension of the state of emergency because the Planning Department needs to send notices regarding public hearings. She added some important conversations about long-term planning, transportation and spending federal recovery money have been put on pause until the board can gather in person. She thinks the meetings on Zoom are not as productive as they are in person. She suggested the board may want to consider holding some outdoor meetings on Saturday mornings. Weaver said she is feeling cautious because she has a child at home who is too young to be vaccinated. She thinks some of the remote discussions during the budget process were some of the best ones the board has had. So, she thinks it is possible to hold productive remote meetings. She welcomed suggestions to help meetings flow better. Hughes said he thinks budget conversations went well because staff led the discussion. He advocated for a team approach between staff and elected officials. Weaver offered to have the health director come to a meeting to discuss in-person meetings. The commissioners said they would welcome her. H. Hot topics for work session Aug. 23, 2021 A wastewater collections system update will be given at the work session in August. Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 12 Sept. 13, 2021 The town manager said he could provide a summary of all the possible ways the town could spend the American Recovery funds, but he added that it is not urgent for him to do that at the August meeting. Weaver suggested adding a conversation to the agenda regarding a reminder about communicating high- attention issues between the town manager and town board. The goal would be to set a clear path so there are not too many emails but everyone’s questions are being answered. Bell suggested that a future work session include a comprehensive look at appointed boards and the appointment process to make sure the board is best serving citizens and giving appointed members the education they need to serve on the boards. 7. Updates A. Board members Board members gave updates on committees on which they serve. B. Town manager No additional report. C. Staff (written reports in agenda packet) No additional report. 8. Adjournment Motion: Bell moved to adjourn at 9:35 p.m. Ferguson seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Respectfully submitted, Sarah Kimrey Interim Town Clerk Staff support to the Board of Commissioners Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 12 Sept. 13, 2021 RESOLUTION Resolution Requesting An Appointment To an Extraterritorial Jurisdiction Seat On the Hillsborough Planning Board WHEREAS, as a result of a vacancy, it is necessary to appoint a person to a seat reserved on the Hillsborough Board of Adjustment for persons residing within the town’s extraterritorial planning jurisdiction; and WHEREAS, if a resident of the ETJ cannot be identified to fill the position, the Orange County Board of Commissioners may appoint a resident of the county; and WHEREAS, by state statute and town ordinance, the Orange County Board of Commissioners initially has the authority and responsibility to appoint ETJ members to the town’s Board of Adjustment. NOW, THEREFORE, be it resolved by the Hillsborough Board of Commissioners: Section 1. The Orange County Board of Commissioners is respectfully requested to appoint the following individual to an ETJ seat on the Hillsborough Board of Adjustment, whose term would expire September 30, 2023: Mr. Richard Chapple 202 South English Hill Lane Hillsborough, NC 27278 Section 2. If the Orange County Board of Commissioners fails to appoint persons willing to serve in the capacity described above within 90 days of receiving this resolution, then the Hillsborough Board of Commissioners may make this appointment. Section 3. The town clerk shall send a copy of this resolution to the Orange County Manager. Section 4. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 9th day of August 2021. Ayes: 5 Noes: 0 Absent/excused: 0 I, Sarah E. Kimrey, Interim Town Clerk of the Town of Hillsborough, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Hillsborough Board of Commissioners on August 9, 2021. Sarah E. Kimrey Interim Town Clerk Resolution #20210809-4.C Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 12 Sept. 13, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 08/09/2021 TO 08/09/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 08/09/2021 400,000.00 -8,000.00To cover cost of TJCOG grant program as 23958 392,000.00JDELLAVALL 08/09/2021 400,000.00 -4,000.00To cover increased truck costs 23966 388,000.00EBRADFORD 08/09/2021 400,000.00 -5,700.00To repair boom mower 23978 382,300.00EBRADFORD 08/09/2021 400,000.00 -6,000.00To cover generator rental at NC86 23980 376,300.00EBRADFORD 08/09/2021 400,000.00 -27,000.00To cover PD facility rental 23982 349,300.00EBRADFORD 08/09/2021 400,000.00 27,000.00Reverse amendment 23983 376,300.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 08/09/2021 40,448.00 8,000.00To cover cost of TJCOG grant program as 23959 48,448.00JDELLAVALL 10-20-5100-5300-572 RENTAL - BUILDING 08/09/2021 0.00 27,000.00To cover PD facility rental 23981 27,000.00EBRADFORD 08/09/2021 0.00 -27,000.00Reverse amendment 23984 0.00EBRADFORD 10-30-5550-5300-170 VEHICLE REPAIR - STREETS 08/09/2021 24,000.00 5,700.00To repair boom mower 23977 29,700.00EBRADFORD 10-30-5550-5300-351 RENTAL - EQUIPMENT 08/09/2021 0.00 6,000.00To cover generator rental at NC86 23979 6,000.00EBRADFORD 10-30-5600-5700-740 CAPITAL - VEHICLES 08/09/2021 181,000.00 2,000.00To cover increased truck costs 23964 183,000.00EBRADFORD 10-30-5800-5700-740 CAPITAL - VEHICLES 08/09/2021 720,000.00 2,000.00To cover increased truck costs 23965 722,000.00EBRADFORD 30-80-8140-5300-351 RENTAL - EQUIPMENT 08/09/2021 8,000.00 -4,497.00To cover rock hammer attachment 23960 3,503.00EBRADFORD 30-80-8140-5700-741 CAPITAL - EQUIPMENT 08/09/2021 0.00 4,497.00To cover rock hammer attachment 23961 4,497.00EBRADFORD 30-80-8200-5300-351 RENTAL - EQUIPMENT 08/09/2021 9,200.00 -4,497.00To cover rock hammer attachment 23963 4,703.00EBRADFORD 30-80-8200-5700-741 CAPITAL - EQUIPMENT 08/09/2021 0.00 4,497.00To cover rock hammer attachment 23962 4,497.00EBRADFORD 0.00 EBRADFORD 1:33:57PM08/04/2021 fl142r03 Page 1 of 1 GF- Contingency Administration Police Fleet Maintenance Fleet Maintenance Streets Solid Waste Water Distribution Water Distribution WW Collection WW Collection APPROVED: 5/0 DATE: 8/9/21 VERIFIED: ___________________________________ Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 12 Sept. 13, 2021 Resolution #20210809-5.G Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 12 Sept. 13, 2021 Resolution #20210809-6.A Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 12 Sept. 13, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 08/10/2021 TO 08/10/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 08/10/2021 400,000.00 -27,000.00To cover PD facility rental 23985 349,300.00EBRADFORD 10-20-5100-5300-572 RENTAL - BUILDING 08/10/2021 0.00 27,000.00To cover PD facility rental 23986 27,000.00EBRADFORD 0.00 EBRADFORD 1:52:49PM08/04/2021 fl142r03 Page 1 of 1 GF- Contingency Police APPROVED: 5/0 DATE: 8/9/21 VERIFIED: ___________________________________ Aug. 9, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 12 Sept. 13, 2021