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HomeMy Public PortalAbout11-08-21 Regular Meeting Minutes Board of Commissioners Remote regular meeting 7 p.m. Nov. 8, 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: Administrative Services Director Jen Della Valle, Assistant Town Manager and Community Services Director Margaret Hauth, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, Opening of the meeting Mayor Jenn Weaver called the meeting to order at 7 p.m. 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 there was an addition to the consent agenda — a resolution requesting reimbursement of duplicate payment for garbage truck. Hughes requested Item 5H be moved from the consent agenda to the regular agenda. It was renamed Item 6C for discussion. Motion: Commissioner Kathleen Ferguson moved to approve the agenda as amended. Commissioner Matt Hughes seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Commissioners Mark Bell, Robb English, Ferguson and Hughes. Nays: 0. Absent: Evelyn Lloyd Lloyd joined the meeting at 7:03 p.m. 4. Appointments A. Planning Board — Resolution supporting appointment of Saru Salvi to fill a vacancy for a term expiring Nov. 30, 2024 B. Parks and Recreation Board — Reappointment of Jesse Mowels-Aring for a term expiring Nov. 30, 2024 Motion: Hughes moved to approve both appointments. Bell seconded. Kimrey called the roll for voting. Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 12 Dec. 13, 2021 Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 5. Items for decision ― consent agenda A. Minutes 1. Regular meeting Oct. 11, 2021 2. Work session Oct. 25, 2021 B. Miscellaneous budget amendments and transfers C. NC-86 Facility Renovation Capital Project Ordinance and Budget Amendments D. Resolution exempting minor design work for the NC-86 Facility Renovation from the Mini-Brooks Act requirements for qualification-based selection E. Endorse updated dedication checklist in the Street Standards document F. Ordinance amending Town Code Section 7, Appendix A – Street Construction Standard Specifications G. Sidewalk Approval – West King Street H. Resolution requesting reimbursement of funds I. Ordinance amending Town Code Section 5-11.a – Non-Discrimination Ordinance Motion: Hughes moved to approve all items on the consent agenda as amended. Ferguson 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. Proposed Dates for FY23 Budget Retreat Weaver is not available March 28. Hughes likes the retreats held in succession. Several commissioners said they did not mind holding a budget retreat on a Saturday, but Lloyd prefers weekdays. There was no vote. B. Continue board discussion on returning to in-person meetings The board expressed interest in holding the December meeting in person. Weaver said she is comfortable explaining why there is value in this meeting taking place in person. C. Ordinance amending Town Code Section 5-11.a ― Non-Discrimination Hughes said he requested this item be pulled from the consent agenda for discussion because it was his recollection that the board did not intend to amend the ordinance until the town attorney consulted with Orange County. He was not certain whether the intention was to table all the amendments or just the enforcement. Town Attorney Bob Hornik said he and the county attorney have missed each other’s calls a couple of times. He had suggested the town clerk place the item on the agenda to see if the board wanted to move forward. He thinks he can discuss it with the county attorney within a month. Weaver said her presumption was the board would likely vote to change the enforcement to a civil penalty regardless of the discussion between attorneys. Motion: Ferguson moved to approve the amendment to decriminalize the offense. Bell seconded. Kimrey called the roll for voting. Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 12 Dec. 13, 2021 Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. D. Hot topics for work session Nov. 22, 2021 Hauth said some items that were planned for the work session are not ready. She suggested the board plan on canceling the meeting but not do so this evening in case any matter arose in the next few days. The board agreed. 7. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager There was none. C. Staff (written reports in agenda packet) There was none. Motion: Ferguson moved to go into closed session at 7:48 p.m. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 8. Closed Session Closed session as authorized by North Carolina General Statute Section 143-318.11 (a)(6) regarding personnel matters (town manager’s evaluation) Motion: Ferguson moved to return to open session at 8:30 p.m. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Motion: Hughes moved to approve a 4% merit increase for the town manager’s annual evaluation. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 9. Adjournment Motion: Ferguson moved to adjourn at 8:33 p.m. Bell seconded. Kimrey called the roll for voting. Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 12 Dec. 13, 2021 Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 12 Dec. 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 Planning Board 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 Hillsborough Planning Board. 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 Planning Board, whose term would expire November 30, 2024: Saru Salvi 506 Silver Fox Circle 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 8th day of November 2021. Ayes: 5 Noes: 0 Absent/excused: 0 I, Sarah E. Kimrey, Town Clerk to the Town of Hillsborough, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Hillsborough Town Board of Commissioners on November 8, 2021. Sarah E. Kimrey Town Clerk Resolution #20211108-4.A Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 12 Dec. 13, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 11/08/2021 TO 11/08/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-3900-3900-000 FUND BALANCE APPROPRIATION 11/08/2021 280,311.00 8,636.02To re-est FY21 PO 24096 905,561.96EBRADFORD 11/08/2021 280,311.00 866.00To re-est FY21 not carried forward 24099 906,427.96EBRADFORD 10-10-4200-5300-454 C.S.-CATV/ASCAP-BMI/COD/TRANS/PAY S 11/08/2021 80,424.00 8,636.02To re-est FY21 PO 24097 89,060.02EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 11/08/2021 40,448.00 11,000.00To cover branding expenses 24107 59,393.00EBRADFORD 10-10-4200-5300-580 CUSTOMER SERVICE & INNOVATION AWARD 11/08/2021 20,000.00 -11,000.00To cover branding expenses 24106 9,000.00EBRADFORD 10-10-6300-5300-320 SUPPLIES - OFFICE 11/08/2021 1,000.00 1,965.00To cover office furniture 24108 2,965.00EBRADFORD 10-10-6300-5300-570 MISCELLANEOUS 11/08/2021 7,000.00 -1,965.00To cover office furniture 24109 5,035.00EBRADFORD 10-10-6610-5300-338 SUPPLIES - DATA PROCESSING 11/08/2021 112,000.00 866.00To re-est FY21 not carried forward 24098 115,279.84EBRADFORD 30-80-8140-5300-330 SUPPLIES - DEPARTMENTAL 11/08/2021 100,000.00 -750.00To cover jackets/insulated bibs for adverse 24102 99,736.00EBRADFORD 30-80-8140-5300-350 UNIFORMS 11/08/2021 4,100.00 750.00To cover jackets/insulated bibs for adverse 24103 4,850.00EBRADFORD 30-80-8200-5300-330 SUPPLIES - DEPARTMENTAL 11/08/2021 60,000.00 -750.00To cover jackets/insulated bibs for adverse 24104 59,250.00EBRADFORD 30-80-8200-5300-350 UNIFORMS 11/08/2021 4,100.00 750.00To cover jackets/insulated bibs for adverse 24105 4,850.00EBRADFORD 19,004.04 EBRADFORD 2:21:31PM11/02/2021 fl142r03 Page 1 of 1 GF- Revenue Admin. Admin. Admin. Public Space Public Space Information Services Water Distribution Water Distribution Wastewater Collection Wastewater Collection APPROVED: 5/0 DATE: 11/8/21 VERIFIED: ___________________________________ Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 12 Dec. 13, 2021 ORDINANCE NUMBER: 20211108-5.C ORDINANCE Capital Project Amendment NC-86 Facility Renovation The Hillsborough Board of Commissioners ordains 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 NC-86 Facility Renovation $225,982 $2,000,000 $2,225,982 Section 2. Amounts appropriated for the capital project are hereby amended as follows. Current Budget +/- Amended Budget NC-86 Facility Renovation $225,982 $2,000,000 $2,225,982 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. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 8th day of November in 2021. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 12 Dec. 13, 2021 BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 11/08/2021 TO 11/08/2021 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 48-30-5600-5700-720 CONSTRUCTION 11/08/2021 0.00 2,000,000.00To adj project per FY22 budget 24100 2,000,000.00EBRADFORD 48-70-3980-3980-300 DEBT ISSUANCE PROCEEDS 11/08/2021 0.00 2,000,000.00To adj project per FY22 budget 24101 2,000,000.00EBRADFORD 4,000,000.00 EBRADFORD 10:38:15AM10/20/2021 fl142r03 Page 1 of 1 NC-86 Reno NC-86 Reno APPROVED: 5/0 DATE: 11/8/21 VERIFIED: ___________________________________ Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 12 Dec. 13, 2021 RESOLUTION Resolution Exempting Design Consultation for the NC 86 North Facility from NCGS 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; and WHEREAS, the town selected MHA Works through a qualifications-based process in 2017 to initiate design of a new public works facility and other improvements at the NC 86 Facility property; and WHEREAS, proposes to enter into a contract for design services to update the modified scope for this renovation to inform budget planning and a future solicitation for full design of the facility; 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 not to exceed $10,000. NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners: 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. Approved this 8th day of November 2021. Jenn Weaver, Mayor Town of Hillsborough ATTEST: Sarah E. Kimrey, Town Clerk Resolution #20211108-5.D Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 12 Dec. 13, 2021 ORDINANCE NUMBER: 20211108-5.F ORDINANCE Amending Chapter 7 Appendix A, Street Construction Standard Specifications, of the Town Code The Hillsborough Board of Commissioners ordains: Section 1. The concrete driveway entrances paragraph of Section [7-]01-7, Incidental Drainage and Concrete Items, is hereby amended by adding the sentence “All driveway concrete located within the town right of way shall be 6 inches thick unless additional thickness is needed based on anticipated vehicle weight.” Section 2. Section [7-]01-7, Incidental Drainage and Concrete Items, is hereby amended by adding a “sidewalks” paragraph after “concrete driveway entrances” as follows: Sidewalks. Sidewalks shall be constructed of concrete 5 inches thick. All expansion joints within sidewalks within the right of way or public access easements shall be filled with an NCDOT approved sealant. Truncated domes within ramps shall be tinted black in all locations to provide visual differentiation from the base concrete. Section 3. Section [7-]01-8, Signing, is hereby amended by adding the following paragraph: Street name signs maintained by the town shall be 9” or 6” extruded aluminum substrate and have high intensity prismatic reflectivity. The copy shall be green translucent film that is reverse weeded to produce white copy on a green background. This process provides the high intensity prismatic reflectivity for the background and copy. Signs shall not have a white outline or frame. Section 4. Section [7-]01-10, Pavement markings is hereby amended by adding “Pavement markings shall be of thermoplastic unless a different treatment is specifically required by the town or NCDOT” as a third paragraph. Section 5. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 6. 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 8th day of November in 2021. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 12 Dec. 13, 2021 ORDINANCE NUMBER: 20211108-6.C ORDINANCE Amending Town Code Section 5-11.a The Hillsborough Board of Commissioners ordains: Section 1. The following of Section 5-11.a of the Code of Ordinances shall be amended. 4. Penalties and Enforcement. (a) Any person, firm, or corporation violating any provisions of this ordinance shall, be issued a citation setting forth a civil penalty of five hundred dollars ($500.00). Each and every day during which such discrimination continues shall be deemed a separate offense. Violation of this ordinance shall not constitute a misdemeanor pursuant to G.S. 14-4(a). 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 8th day of November in 2021. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 12 Dec. 13, 2021 RESOLUTION Requesting Reimbursement of Funds WHEREAS, The Hillsborough finance director and town manager have described to the Board of Commissioners the desirability of adopting a resolution, as provided under federal tax law, to facilitate the town’s using proceeds of tax-exempt financing to restore the town’s funds when the town makes capital expenditures prior to closing on the financing; THEREFORE, be it resolved by the Hillsborough Board of Commissioners as follows: Section 1. The purchase of new garbage truck. Section 2. The unit intends to finance the purchase. The expected type of financing is installment financing pursuant to G.S. 160A-20. The expected maximum amount of bonds or other obligations to be issued or contracted for the purchase is $ 300,000. Section 3. The town intends that funds that have been advanced, or may be advanced, from the General Fund for the purchase will be reimbursed from the financing proceeds. Section 4. The Board of Commissioners intends that the adoption of this resolution will be a declaration of this town’s official intent to reimburse this purchase from financing proceeds. Approved this 8th day of November 2021. Jenn Weaver, Mayor Town of Hillsborough Attestation: Sarah Kimrey, Town Clerk Resolution #20211108-5.H Nov. 8, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 12 Dec. 13, 2021