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
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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
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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