HomeMy Public PortalAbout12-14-20 Regular Meeting
Minutes
Board of Commissioners
7 p.m. Dec. 14, 2020
Town of Hillsborough YouTube channel
Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes and
Evelyn Lloyd
Staff: Assistant to the Town Manager/Deputy Budget Director Jen Della Valle, Police Chief Duane Hampton,
Assistant Town Manager/Planning Director Margaret Hauth, Town Attorney Bob Hornik, Interim Town
Clerk/Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, Finance Director Daphna
Schwartz, Utilities Director Marie Strandwitz and Public Space Manager Stephanie Trueblood
Absent (excused): None.
Opening of the meeting
Mayor Jenn Weaver opened the meeting at 7 p.m.
1. Public Charge
Weaver did not read the public charge but acknowledged that all would try to abide by it.
2. Audience comments not related to the printed agenda
There was none.
3. Agenda changes and approval
Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Commissioner
Mark Bell seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, Robb English,
Ferguson, Matt Hughes and Evelyn Lloyd. Nays: None.
4. Public hearings
A. Potential closure of two unopened rights of way shown as Hall Avenue and Lakeshore Drive extension on
recorded maps
Weaver opened the public hearing.
Planning Director Margaret Hauth shared a site map and explained that the 60-foot right of way would be
split in half, north to south, and given to two adjacent residential property owners. Also, Orange County
Schools would receive a portion adjacent to Central Elementary School.
Ezequiel Espitia, one of the neighboring property owners, asked if staff recommended Option 2 in the agenda
packet.
Hauth then shared the options and explained that the board had to choose an option that would not landlock
Espitia’s property. Option 1 would be to close Hall Avenue only west of Lakeshore Drive extension so that 315
Lakeshore Drive retains legal access to Lakeshore Drive. Option 2 would close more of the right of way, closing
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 1 of 26
Jan. 11 2021
Hall Avenue west of Lakeshore Drive Extension and closing Lakeshore Drive Extension south of the extension
but leaves Espitia a way to retain a legal access to his property.
Espitia said he would want to acquire the portion of land that would belong to the school district.
Hauth said the school district did not seem to make property decisions quickly.
Hughes asked how many more streets Hauth had identified that do not really exist.
Hauth said the town has addressed most of these during her tenure with the town. She thinks there are fewer
than five remaining.
Motion: Hughes moved to close the public hearing. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
Tom Range, an adjacent property owner, addressed the board. He asked questions about taxes on the newly
acquired property, which Hauth answered.
B. Installment financing contract to fund a Peterbilt Garbage Truck
Weaver opened the public hearing for this item.
Finance Director Daphna Schwartz said the purchase of a garbage truck was in the approved budget for 2021.
Weaver asked why items such as garbage trucks were financed.
Town Manager Eric Peterson answered that it helped keep expenses steady over time.
Motion: Ferguson moved to close the public hearing for this item. Lloyd seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
5. Presentations
Fiscal Year 2020 Comprehensive Annual Financial Report (CAFR) and independent audit report
April Adams, with accounting firm Cherry Bekaert, gave a presentation. She reported that the town had
received a favorable audit report.
6. Appointments
A. Tourism Board — Appoint Nic Beery to a two-year term ending Dec. 14, 2022
B. Tourism Development Authority — Reappoint Dani Black to a term ending Jan. 31, 2022
C. Historic District Commission — Reappoint Max Dowdle to a term ending Dec. 31, 2023
D. Planning Board — Appoint Chris Austin to first term, ending Nov. 30, 2023
Motion: Ferguson moved to appoint and reappoint as presented in items 6A through 6D. Hughes
seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 2 of 26
Jan. 11 2021
7. Items for decision ― consent agenda
A. Minutes
1. Joint Public Hearings Aug. 20, Sept. 17, Oct. 15, and Oct. 19, 2020
2. Regular meeting Nov. 9, 2020
3. Work session Nov. 23, 2020 (canceled)
B. Miscellaneous budget amendments and transfers
C. CARES Act Funding Redirection
D. Resolution to approve installment financing of a Peterbilt Garbage Truck
E. Memorandum of Agreement Renewal with Orange County for Fairview Park
F. Orange County Historical Museum Lease
G. Town code amendment to Article VI, Sec. 6-29 regarding parking pads
H. Resolution exempting Eno River Floating Dock from Mini-Brooks Act requirements for qualification-based
selection
I. Resolution to adopt Title VI policy to prohibit discrimination in programs, services and activities receiving
federal financial assistance
Hughes requested that Item 7F be approved separately because he wished to be excused from voting on that
item due to a conflict of interest. Hughes explained that he sits on the board of directors for the Orange
County Historical Museum.
There was some discussion about whether Hughes’ concern was a true conflict of interest.
Town Attorney Bob Hornik said the Hillsborough boards allow a member to be excused from voting whether
the conflict is real or perceived, with a vote from the board.
Motion: Bell moved to approve all items except 7F on the consent agenda. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
Motion: Bell moved to excuse Hughes from voting on Item 7F. English seconded.
Vote: The motion passed upon a unanimous vote of 4-0. Ayes: Commissioners Bell, English, Ferguson
and Lloyd. Nays: None.
Motion: Ferguson moved to approve Item 7F as presented. Bell seconded.
Vote: The motion passed upon a unanimous vote of 4-0. Ayes: Commissioners Bell, English, Ferguson
and Lloyd. Nays: None.
8. Items for decision ― regular agenda
A. Order regarding the closure of two unopened rights of way on the west side of Lakeshore Drive
Motion: Ferguson moved to approve Option 2. Bell seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
B. Decisions related to the East Village at Meadowlands development application
1. Water and Sewer Extension Contract
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 3 of 26
Jan. 11 2021
Utilities Director Marie Strandwitz and those involved with or affected by the project joined the virtual
meeting including Tim Smith of Summit Design and Engineering, Richard Turlington or Habitat for Humanity of
Orange County, and neighboring property owners Marie Nadworny and Alexandra Bursuc.
Strandwitz said some language had been added to the water and sewer extension contract. The final utilities
plan had not yet been reviewed. She had no objections to the project. Her department is working on serving
two homeowners (the Nadwornys and the Bursucs) outside the development with sewer services. One does
not yet use town water, which is a requirement to have town sewer service.
Motion: Ferguson moved to approve the contract. Lloyd seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
2. Ordinance annexing
Motion: Ferguson moved to approve the ordinance regarding annexation. Hughes seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
3. Consistency finding and ordinance zoning the property Residential Special Use
Motion: Ferguson moved to approve the consistency finding and the ordinance zoning the property
Residential Special Use. Hughes seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
4. Resolution regarding Special Use Permit application for 76 townhomes
Motion: Hughes moved approval of the resolution. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
C. Resolution granting a Special Use Permit for Waterstone Fire and EMS station
Motion: Hughes moved approval of the resolution. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
D. Informational update regarding Efland Station project under review by Orange County
Hauth noted that there would be an opportunity for public comments before the Orange County Board of
Commissioners the following evening.
Hughes shared that some Hillsborough Tourism Board members hoped that the project would draw visitors to
Hillsborough, but he is skeptical that it would do so.
Ferguson said creating more conversation may not be helpful.
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 4 of 26
Jan. 11 2021
Bell said he has traffic concerns. He would like to convey to the Orange County Board of Commissioners that
the Hillsborough Board of Commissioners has questions.
Hughes expressed concern about gas storage underground in an area with so many residential wells.
Ferguson said the corridor from Greensboro to Raleigh is developing and will be a megapolis. Mebane will be
larger than Cary. There is a larger conversation that needs to take place to be sure that Hillsborough melds
into the greater community, supporting our residents and the surrounding area.
Weaver suggested that topic on an agenda for the next joint meeting with the county elected officials.
Hauth answered questions from the board. She has a high level of confidence that this application is as safe as
it can be regarding water quality, fire, stormwater and environmental regulations. Regarding transportation,
the project will be an inconvenience to those who use the U.S. 70 connector. She doesn’t know if it would
draw tourism to Hillsborough. She is aware that there is an Efland Small Area plan but because Hillsborough’s
water and sewer boundary is not involved, she is not familiar with the plan. The board should read the
documents before stating whether it agrees with the plans. Mebane is undertaking planning process
regarding how to grow in Orange County. The property is in the Orange County Primary Service Area.
English said he could see the project generating traffic and he couldn’t say whether gas pumps are needed
there.
Weaver said while project approval is Orange County’s decision, she is concerned about the signal this project
sends with regards to fossil fuels and climate change. She wonders how it impacts future opportunities for
development in that area. Other Buc’cees have created traffic nightmares. She is worried about how that exit
would be affected because now it keeps some traffic off Churton Street. Also, the community has spent
months talking about the importance of smaller, local businesses. She would be wary of an entryway that
feels generic. She is hearing from the board concerns about traffic and the watershed.
Hughes said the Tourism Board could raise some good aspects of the project and Hillsborough Board of
Commissioners could raise some concerns.
Ferguson said it is appropriate to raise some concerns but what is heard is “no” and not the reasons why. We
need new jobs, she added.
Hughes wondered if there is more time than submitting public comment the following day.
Weaver said she would draft a letter, circulate it for edits, and submit it the following day.
E. Update on participatory budgeting
Assistant to the Town Manager/Deputy Budget Director Jen Della Valle gave a brief history and overview of
participatory budgeting. She noted that larger governments can offer many locations for people to give input.
She said it would be challenging for Hillsborough to implement this type of budget process right now due to
lack of funds, the implementation of new budget software, and budget strategic planning that is currently
underway.
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 5 of 26
Jan. 11 2021
Ferguson expressed support for participatory budgeting on Hillsborough’s scale.
Hughes said he is passionate about participatory budgeting and acknowledged that there would likely be low
participation the first couple of years.
Bell expressed interest in starting this in a couple of years.
Weaver said scale is important.
F. Update on Comprehensive Sustainability Plan consultant selection and schedule
Public Space Manager Stephanie Trueblood reported that there were six bids from reputable firms. The
chosen firm is VHB, a Raleigh consulting company. The company feels the project can be completed in 18
months.
The board expressed enthusiasm for the project and schedule.
G. Consideration of Travel and Professional Development Policy for the Board of Commissioners
Motion: Ferguson moved to adopt the policy. English seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
9. Updates
A. Board members
Board members gave brief updates about committees and boards on which they serve.
B. Town manager
There was no oral update.
C. Staff (written reports in agenda packet)
Chief Duane Hampton shared that the Police Department would be distributing toys at the Fairview Police
Substation and also offer a holiday light display.
10. Adjournment
Motion: Hughes moved to adjourn at 10:19 p.m. Ferguson seconded.
Vote: The motion passed upon a unanimous vote of 5-0. Ayes: Commissioners Bell, English, Ferguson,
Hughes and Lloyd. Nays: None.
Respectfully submitted,
Sarah E. Kimrey
Interim Town Clerk
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 6 of 26
Jan. 11 2021
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2020-2021
DATES: 12/14/2020 TO 12/14/2020
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
10-00-9990-5300-000 CONTINGENCY
12/14/2020 250,000.00 -30,000.00To cover budget software 20353 153,454.00EBRADFORD
10-10-4200-5300-320 SUPPLIES - OFFICE
12/14/2020 2,200.00 -400.00To cover garbage truck financing ad 20323 1,800.00EBRADFORD
10-10-4200-5700-743 CAPITAL - SOFTWARE
12/14/2020 29,600.00 30,000.00To cover budget software 20352 59,600.00EBRADFORD
10-10-4400-5300-120 ADVERTISING
12/14/2020 0.00 400.00To cover garbage truck financing ad 20324 400.00EBRADFORD
10-10-6300-5300-154 MAINTENANCE - GROUNDS
12/14/2020 209,184.00 -3,000.00To cover tree removal 20335 206,184.00EBRADFORD
10-10-6300-5300-156 MAINTENANCE - TREES
12/14/2020 16,200.00 3,000.00To cover tree removal 20336 19,200.00EBRADFORD
10-20-5110-5400-910 DEBT SERVICE
12/14/2020 99,969.00 1.00To cover debt service 20349 99,970.00EBRADFORD
10-20-5120-5300-570 MISCELLANEOUS
12/14/2020 1,000.00 -2.00To cover debt service 20351 998.00EBRADFORD
10-20-5120-5400-910 DEBT SERVICE
12/14/2020 9,048.00 1.00To cover debt service 20350 9,049.00EBRADFORD
10-30-5800-5300-112 POSTAGE
12/14/2020 0.00 700.00To cover waste collection calendar postag 20328 700.00EBRADFORD
10-30-5800-5300-457 C.S./COMM.DUMP.COLL.
12/14/2020 800.00 -700.00To cover waste collection calendar postag 20325 100.00EBRADFORD
30-80-8130-5300-151 MAINTENANCE
12/14/2020 6,000.00 2,850.00WFER valve closure 20332 8,850.00JDELLAVALL
30-80-8200-5300-330 SUPPLIES - DEPARTMENTAL
12/14/2020 60,000.00 -20.00To cover collection renewal 20333 59,980.00EBRADFORD
30-80-8200-5300-530 DUES & SUBSCRIPTIONS
12/14/2020 2,000.00 20.00To cover collection renewal 20334 2,020.00EBRADFORD
30-80-9990-5300-000 CONTINGENCY
12/14/2020 300,000.00 -2,850.00WFER valve closure 20331 239,938.00JDELLAVALL
75-75-3870-3870-156 TRANS FR W/S US BUS 70 WTR PHASE I
12/14/2020 299,741.50 15,456.00To record water SDFs 20338 486,501.50EBRADFORD
12/14/2020 299,741.50 3,864.00To record water SDFs 20342 490,365.50EBRADFORD
12/14/2020 299,741.50 3,864.00To record water SDFs 20346 494,229.50EBRADFORD
75-75-6900-5970-928 TRAN TO UTL CAP IMP-US 70 PHASE I
12/14/2020 299,741.50 15,456.00To record water SDFs 20337 486,501.50EBRADFORD
12/14/2020 299,741.50 3,864.00To record water SDFs 20341 490,365.50EBRADFORD
12/14/2020 299,741.50 3,864.00To record water SDFs 20345 494,229.50EBRADFORD
76-76-3870-3870-155 TRAN FR W/S - COLLECT SYS REHAB
12/14/2020 1,008,106.50 9,729.00To record sewer SDFs 20340 1,155,122.50EBRADFORD
12/14/2020 1,008,106.50 3,243.00To record sewer SDFs 20344 1,158,365.50EBRADFORD
12/14/2020 1,008,106.50 3,243.00To record sewer SDFs 20347 1,161,608.50EBRADFORD
76-76-6900-5970-927 TRAN TO UTIL CAP IMP FD - COLL SYS
EBRADFORD 10:03:01AM12/08/2020
fl142r03
Page 1 of 2
GF -
Continency
Admin.
Admin.
Accounting
Public
Space
Public
Space
Police-
Patrol
Police-
I&CS
Police-
I&CS
Solid
Waste
Solid
Waste
WFER
WW
Collection
WW
Colletion
WSF-
Contingency
Water
SDF
Water
SDF
Sewer
SDF
Sewer
SDF
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 7 of 26
Jan. 11 2021
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2020-2021
DATES: 12/14/2020 TO 12/14/2020
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
12/14/2020 1,008,106.50 9,729.00To record sewer SDFs 20339 1,155,122.50EBRADFORD
12/14/2020 1,008,106.50 3,243.00To record sewer SDFs 20343 1,158,365.50EBRADFORD
12/14/2020 1,008,106.50 3,243.00To record sewer SDFs 20348 1,161,608.50EBRADFORD
78,798.00
EBRADFORD 10:03:01AM12/08/2020
fl142r03
Page 2 of 2
APPROVED: 5/0
DATE: 12/14/20
VERIFIED: ___________________________________
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 8 of 26
Jan. 11 2021
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2020-2021
DATES: 12/15/2020 TO 12/15/2020
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
10-00-9990-5300-000 CONTINGENCY
12/15/2020 250,000.00 -19,290.00To cover arc flash study 20357 134,164.00EBRADFORD
10-10-6600-5300-570 MISCELLANEOUS
12/15/2020 750.00 19,290.00To cover arc flash study 20358 20,040.00EBRADFORD
0.00
EBRADFORD 4:43:51PM12/09/2020
fl142r03
Page 1 of 1
GF-
Contingnecy
Safety &
Risk Mgmt
APPROVED: 5/0
DATE: 12/14/20
VERIFIED: ___________________________________
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 9 of 26
Jan. 11 2021
Resolution Approving Financing Terms
WHEREAS: The Town of Hillsborough, North Carolina (the “Town”) has determined to purchase a 2020
Peterbilt Garbage Truck (the “Truck”), and the Finance Director has now presented a proposal for the financing of
such Truck.
BE IT THEREFORE RESOLVED, as follows:
1.The Town hereby determines to finance the Truck through U.S. Bancorp Government Leasing and
Finance, Inc. (USBGLF), in accordance with the proposal dated November 9, 2020. The amount financed shall not
exceed $300,000, the tax-exempt interest rate shall not exceed 1.44%, and the financing term shall not exceed five (5)
years from closing.
2.All financing contracts and all related documents for the closing of the financing (the “Financing
Documents”) shall be consistent with the foregoing terms. All officers and employees of the Town are hereby
authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they
may consider necessary or desirable, to carry out the financing of the Truck as contemplated by the proposal and this
resolution.
3.The Finance Director is hereby authorized and directed to hold executed copies of the Financing
Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's
satisfaction. The Finance Director is authorized to approve changes to any Financing Documents previously signed
by Town officers or employees, provided that such changes shall not substantially alter the intent of such documents
or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in
such final forms as the Finance Director shall approve, with the Finance Director’s release of any Financing Document
for delivery constituting conclusive evidence of such officer's final approval of the Document’s final form.
4.The Town shall not take or omit to take any action the taking or omission of which shall cause its
interest payments on the tax-exempt portion of this financing to be includable in the gross income for federal income
tax purposes of the registered owners of the interest payment obligations. For bank qualified transactions, the Town
hereby designates its obligations to make principal and interest payments under the Financing Documents as “qualified
tax-exempt obligations” for the purpose of Internal Revenue Code e
5.The Financing shall not be executed until 24 hours after the approval of this resolution AND that if
any written public comments are received during that time, the Hillsborough Town Board of Commissioners shall
reconvene to consider the comments and adopt a new resolution authorizing the Financing, consistent with NCGS
166A-19.24(e).
6.All prior actions of Town officers in furtherance of the purposes of this resolution are hereby ratified,
approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed,
to the extent of the conflict. This resolution shall take effect immediately.
Approved this 14th day of December, 2020.
By: _________________________________ By: ____________________________________
(Clerk) (Mayor)
SEAL
Resolution #20201214-7.D
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 10 of 26
Jan. 11 2021
Ordinance #20201214-7.G
AN ORDINANCE AMENDING Chapter 6, Parking Pads
SEC. 6-29
The Board of Commissioners of the Town of Hillsborough ordains:
Sec. 6-29. - Parking pads prohibited.
(a) The term "parking pad" shall be defined as an area constructed by a private person or entity in
the public right-of-way for the purpose of creating an area designed or intended for use as a
parking space for motor vehicles.
(b) Except as provided herein, no person or entity shall create or construct, or allow the creation or
construction of, any parking pad within the public right-of-way.
(c) All parking pads which existed as of March 9, 2015 (the "effective date") may remain, provided
that the parking pads are of sufficient dimension to accommodate the entire length and width of
the vehicle(s) (and all tires) parking on the parking pad. No portion of any vehicle parking on a
parking pad situated in the public right-of-way may extend beyond the footprint of the parking
pad, and no portion of any vehicle parked on a parking pad may extend or overhang into the
improved roadway area. No parking pad existing as of the effective date may be expanded or
altered in any way. Existing parking pads which do not meet these requirements must be
removed, and failure to remove non-compliant parking pads constitutes a violation of this
section.
(d) Upon the determination that a parking pad does not comply with this section, the public works
director or his designee will notify [the] owner of the property lying adjacent to the parking pad
in writing of the violation, including a clear written description of the necessary corrective
actions. This notice will be delivered by certified mail with a return receipt or personal delivery.
A certificate of mailing or a written certificate of personal delivery shall be kept with the town's
records concerning the violation. The property owner shall have 60 days from the date of the
notice to correct the violation and if corrective action has not been completed within such time,
the town may proceed with the abatement procedure in subsection (f) of this section.
(e) In the case where delivery of notice by certified mail or by personal delivery as provided by
subsection (d) above is unsuccessful, the public works director shall post a notice of violation
on the parking pad and place a certificate of posting in the town's record concerning the
violation. In such case, the property owner shall have 30 days to take corrective action. If
corrective action has not been taken within such time, the town may proceed with abatement
procedure described in subsection (f) of this section.
(f) The town may take one or more of the following actions to abate non-compliant parking pads:
a. Arrange for town staff to bring the property into compliance, the cost of which work
(including the town's expenses for labor, equipment, and materials) shall be assessed
against the property owner; or
b. Arrange for a private contractor to bring the property into compliance for a negotiated
fee, the amount of which shall be assessed against the property owner.
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 11 of 26
Jan. 11 2021
Ordinance #20201214-7.G
(g) The public works director shall send written notice of the town's intention to take corrective
action and cost of such action at least five business days (not including Saturdays, Sundays or
legal holidays) before corrective action is taken.
(h) The cost of such corrective action, unless paid by the property owner, shall be a lien on the
adjoining property and the town may enforce and collect the amount due as provided by law.
(i) The town may consider requests for new parking pads only in situations where there is no
reasonable alternative for parking at an existing residence. The following circumstances must
exist on the property of the person requesting a parking pad in order for a property to be eligible
for parking pad consideration:
a. The street on which the property fronts is public and not bounded by curb and gutter. Streets
with roll curb may be considered acceptable.
b. There is no existing garage or carport, either attached or detached, at the property for which
a parking pad is requested.
c. The existing driveway on the property for which a parking pad is requested is less than 25
feet long and cannot be widened or lengthened without impacting an existing permanent
structure or a tree measuring 12” DBH or encroaching into a regulatory buffer or otherwise
protected area.
(j) Requests for new parking pads will be reviewed for consistency with the technical specifications
included in the application form by the impacted departments. If the application meets all standards,
an encroachment agreement will be placed on the consent agenda of the next town board meeting
for formal approval. The applicant will be required to record the encroachment agreement, on the
form provided by the town, in the Register of Deeds within 30 days of approval by the town board.
(k) The board may establish a reasonable fee for the review of parking pad request.
The foregoing ordinance having been submitted to a vote, receiving the following vote and was
duly adopted the 14th day of December, 2020.
Ayes: 5
Noes: 0
Absent or Excused: 0
(Prior Code, Sec 6-29; Ord. of 3-9-2015)
______________________________
Sarah E. Kimrey, Interim Town Clerk
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 12 of 26
Jan. 11 2021
RESOLUTION EXEMPTING ENO RIVER FLOATING DOCK
FROM G.S. 143-64.31
WHEREAS, N.C.G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform
architectural, engineering, surveying, construction management-at-risk services, and design-
build services (collectively “design services”) to be based on qualifications and without
regard to fee;
WHEREAS, the town proposes to enter into one contract for design services for work on the Eno River
Floating Dock; and
WHEREAS, G.S. 143-64.32 authorizes units of local government to exempt contracts for design services
from the qualifications-based selection requirements of G.S. 143-64.31 if the estimated fee
is less than $50,000; and
WHEREAS, the estimated fee for design services for the above-described project is less than $50,000.
NOW, THEREFORE, THE BOARD OF COMMISIONERS OF THE TOWN OF HILLSBOROUGH RESOLVES:
Section 1. The above-described project is hereby made exempt from the provisions of G.S. 143-64.31.
Section 2. This resolution shall be effective upon adoption.
Adopted this 14th day of December, 2020, in Hillsborough, North Carolina.
SEAL
Jenn Weaver, Mayor
Hillsborough
ATTEST:
Sarah E. Kimrey, Interim Town Clerk
Resolution #20201214-7.H
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 13 of 26
Jan. 11 2021
101 E. Orange St., Hillsborough, NC 27278
919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov
RESOLUTION TO ADOPT A TITLE VI POLICY FOR THE TOWN OF HILLSBOROUGH TO PROHBIT
DISCRIMINATION IN PROGRAMS AND SERVICES AND IN ACTIVITIES RECEIVING FEDERAL
FINANCIAL ASSISTANCE
WHEREAS, in 1964, Congress enacted the Civil Rights Act of 1964, which included that section
labeled Title VI which prohibits discrimination in any activity which is financed by federal funds
or receives federal financial assistance; and
WHEREAS, since the adoption of Title VI, additional federal regulations and court decisions
have further refined the definition of “federal financial assistance” and what entities are
affected and controlled by Title VI; and
WHEREAS; the Town of Hillsborough has no formal policy in place for defining and preventing
discrimination in the activities and for the entities Title VI affects; and
WHEREAS, the interpretation and application are not intuitive or readily understood, requiring
an understanding of what “federal financial assistance” might be in any particular situation and
what persons or entities must comply with Title VI; and
WHEREAS, a policy and procedure for reporting violations will provide guidelines for the town,
town departments and private persons and companies doing business with the town and
receiving federal financial assistance.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of
Hillsborough that the attached “Title VI Policy” is hereby adopted as the official policy of the
Town of Hillsborough for applying, reporting and enforcing Title VI of the Civil Rights Act of
1964.
IT IS FURTHER RESOLVED that the town manager is authorized to approve this policy on a
yearly basis if no changes are made to it.
Adopted this 14th day of December, 2020
_____________________________
Jennifer Weaver, Mayor
Attest:
____________________________
Sarah Kimrey, Interim Town Clerk
Resolution #20201214-7.I
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 14 of 26
Jan. 11 2021
101 E. Orange St., Hillsborough, NC 27278
919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov
Title VI Nondiscrimination Policy Statement
It is the policy of the Town of Hillsborough to ensure that no person shall, on the ground of
race, color, national origin, limited English Proficiency, income level, sex, sexual orientation,
age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any Town of Hillsborough program or activity, including,
where applicable, religion, as provided by Title VI of the Civil Rights Act of 1964, United States
Department of Transportation (DOT) Order 1050.2A, Title 49 Code of Federal Regulations (CFR)
Part 21, the Civil Rights Restoration Act of 1987, and other pertinent nondiscrimination
authorities.
The following practices are hereby prohibited throughout the Town of Hillsborough to comply,
at a minimum, with Title VI and related requirements:
•Denying to an individual any standard service or other program benefit without good
cause;
•Providing any service or other benefit to a person which is distinct in quantity or quality,
or is provided in a different manner, from that provided to others under the program;
•Subjecting a person to segregation or separate treatment in any part of a program;
•Restrictions in the enjoyment of any advantages, privileges, or other benefits enjoyed by
others;
•Methods of Administration, which, directly or through contractual relationships, would
defeat or substantially impair the accomplishment of effective nondiscrimination;
•Different standards, criteria, or other requirements for admission, enrollment, or
participation in planning, advisory, contractual or other integral activities;
•Acts of intimidation or retaliation, including threatening, coercing, or discriminating
against any individual for the purpose of interfering with any right or privilege secured
by any pertinent nondiscrimination law, or because he/she has made a complaint,
testified, assisted, or participated in any manner in an investigation, proceeding or
hearing;
•Discrimination in any employment resulting from a program, a primary objective of
which is to provide employment.
Resolution #20201214-7.I
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 15 of 26
Jan. 11 2021
ORDER
Return to: Town of Hillsborough
P.O.Box 429
Hillsborough, NC 27278
TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS
ORDER CLOSING TWO UNOPENED Rights of Way
ON THE WEST SIDE OF LAKESHORE DRIVE PURSUANT TO
NORTH CAROLINA GENERAL STATUTE § 160A-299
WHEREAS, a request was made to the town of Hillsborough Board of Commissioners to permanently
close two unopened rights of way on the west side of Lakeshore Drive shown on recorded maps as Hall Avenue
and Lakeshore Drive extension;
WHEREAS, on December 14, 2020, 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
Hall Avenue west of Lakeshore Drive extension and closing the unopened right of way known as
Lakeshore Drive extension south of Hall 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 Hall Avenue
west of Lakeshore Drive extension and the unopened right of way known as Lakeshore Drive extension south of
Hall Avenue, 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.
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 16 of 26
Jan. 11 2021
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 December, 2020, the result of which vote were as follows:
Ayes: 5
Noes: 0
Absent or Excused: 0
Dated: Dec. 14, 2020 ____________________________________
Sarah E. Kimrey, Interim Town Clerk
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 17 of 26
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Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
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Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
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Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
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Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
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Jan. 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 _
Highway 70 A, LLC _ to amend the Town of Hillsborough Zoning Map as follows (insert
general description of proposed amendment):
to zone approximately 10.89 acres on US 70 A east of Meadowlands as Residential Special
Use following annexation
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 zoning is filed concurrently with an annexation request. The area is located within
the town’s urban services boundary.
• The vicinity is designated as Mixed Density Residential Neighborhood in the Future
Land Use Plan. That designation establishes a density of 3-8 units per acre. The
development plan submitted with this request has a density of approximately 7 units per
acre.
Adopted by the Town of Hillsborough Board of Commissioners this 14th day of December,
2020.
Ayes: 5
Noes: 0
Absent or Excused: 0
Sarah E. Kimrey, Interim Town Clerk
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 22 of 26
Jan. 11 2021
Resolution #20201214-8.B
TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS
RESOLUTION GRANTING A SPECIAL USE PERMIT SUBJECT TO
SPECIAL CONDITIONS AFFECTING 10.89 acres on US 70A east of Meadowlands
(OC PINs 9874-80-9603, 9874-81-6134, and 9874-81-8049)
WHEREAS, the Town of Hillsborough Board of Commissioners has received an application
from Hwy 70 A, LLC for a Special Use Permit to allow the development of approximately 10.89
acres of land on the south side of US 70 A, immediately east of Meadowlands as a townhome
community with 76 units and related parking and amenities; and
WHEREAS, the Town of Hillsborough Planning Board and the Board of Commissioners
conducted joint public hearings to consider the application on October 19, 2020 after giving
notice thereof as required by law; and
WHEREAS, at the aforesaid public hearings, 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;
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 by the Town of Hillsborough Board of Commissioners,
on motion of Matthew Hughes, seconded by Kathleen Ferguson, this 14th day of December, 2020
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 October 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.
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 insure that the provisions established by Section 3.8 and 5.2.9.2 of the Unified
Development Ordinance are met.
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 23 of 26
Jan. 11 2021
Resolution #20201214-8.B
4. Upon adoption of this Resolution, the Town of Hillsborough shall issue a Special
Use Permit 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 are:
a. The application materials including but not limited to the site plan, building
elevations, and narrative presented at the October 19, 2020 public hearing,
plus the revised site plan sheets discussed at the November 19, 2020 Planning
Board meeting are those approved with this permit.
b. The five waivers requested in the application are granted.
c. The construction drawings submitted for the project will comply to the
ordinance requirements related to recreation requirements for attached
dwellings in terms of both points and age appropriate options. The applicant
may meet these requirements with a combination of land, improvements, and
fees in lieu.
d. Certificate of Adequate Public Schools issued by School Superintendent must
be provided to the town prior to the approval of a final plat for the
development or each phase within the development.
The foregoing Resolution was put to a vote of the Town of Hillsborough Board of
Commissioners, the results of which vote are as follows:
Ayes: 5
Noes: 0
Absent or Excused: 0
Dated: Dec. 14, 2020 ____________________________________
Sarah E. Kimrey, Interim Town Clerk
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 24 of 26
Jan. 11 2021
Resolution #20201214-8.C
TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS
RESOLUTION GRANTING A SPECIAL USE PERMIT SUBJECT TO
SPECIAL CONDITIONS AFFECTING 2 acres at 350 College Park Road
(OC PIN 9873-24-1850)
WHEREAS, the Town of Hillsborough Board of Commissioners has received an application
from Orange Rural Fire Department for a Special Use Permit to allow the development of
approximately 2 acres of land at 350 College Park Road to develop a public safety station for the
department and Orange County Emergency Services; and
WHEREAS, the Town of Hillsborough Planning Board and the Board of Commissioners
conducted joint public hearings to consider the application on October 15, 2020 after giving
notice thereof as required by law; and
WHEREAS, at the aforesaid public hearings, 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;
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 by the Town of Hillsborough Board of Commissioners,
on motion of Matthew Hughes, seconded by Kathleen Ferguson, this 14h day of December, 2020
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 October 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.
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 insure that the provisions established by Section 3.8 and 5.2.9.2 of the Unified
Development Ordinance are met.
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 25 of 26
Jan. 11 2021
Resolution #20201214-8.C
4. Upon adoption of this Resolution, the Town of Hillsborough shall issue a Special
Use Permit 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 are:
a. The application materials including but not limited to the site plan, building
elevations, and narrative presented at the October 15, 2020 public hearing.
b. The nine waivers requested by the applicant are granted.
The foregoing Resolution was put to a vote of the Town of Hillsborough Board of
Commissioners, the results of which vote are as follows:
Ayes: 5
Noes: 0
Absent or Excused: 0
Dated: Dec. 14, 2020 ____________________________________
Sarah E. Kimrey, Interim Town Clerk
Dec. 14, 2020
Board of Commissioners Regular Meeting
Approved: ____________________
Page 26 of 26
Jan. 11 2021