HomeMy Public PortalAbout10-11-21 Regular MeetingMinutes
Board of Commissioners
Remote regular meeting
7 p.m. Oct. 11, 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: Planning and Economic Development Manager Shannan Campbell, 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 and Utilities Director Marie Strandwitz
Opening of the meeting
Mayor Jenn Weaver called the meeting to order at 7:01 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
Resident Colin Dodd addressed the board to express concerns about Proud Boys activity in and near
Hillsborough.
3.Agenda changes and approval
Commissioner Matt Hughes joined the meeting at 7:09 p.m.
Agenda changes included:
•Addition of Indigenous Peoples’ Day Proclamation (Item 4),
•Amendments to Sept. 27 draft minutes ― Item 4.B Budget amendment for Water Treatment Plant
filters repair and rebuild:
o Inclusion of the amount of money that is to be allocated
o Inclusion of source of funds
o Correction of when work could be finished by (fiscal year, rather than by the end of the calendar
year)
o Addition of a supportive comment made by Commissioner Evelyn Lloyd
•Moving Item 5E from consent agenda to Item 6D for discussion
•Moving Item 5G from consent agenda to Item 6E for discussion
Motion: Commissioner Kathleen Ferguson moved to approve the amended agenda. Commissioner Mark
Bell seconded.
Kimrey called the roll for voting.
Vote: 4-0. Ayes: Commissioners Bell, Robb English, Ferguson and Hughes. Nays: None. Absent: Lloyd.
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
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Nov. 8, 2021
4. Presentation
Proclamation to recognize Oct. 11, 2021, as Indigenous Peoples’ Day
Weaver read the proclamation.
5. Items for decision ― consent agenda
A. Minutes
1. Regular meeting Sept. 13, 2021
2. Regular meeting closed session Sept. 13, 2021
3. Work session Sept. 27, 2021 (amended)
B. Miscellaneous budget amendments and transfers
C. Brough Law Firm Contract for Fiscal Year 2022
D. Installation of a Remembrance sign on the historic courthouse grounds consistent with the National
Community Remembrance Project
E. Special Event Permit: 2021 Hillsborough Holiday Parade and Tree Lighting
F. Proclamation – Arbor Day 2021
G. Endorse updated historic district design standards
Motion: Ferguson moved to approve all items on the consent agenda. Bell seconded.
Kimrey called the roll for voting.
Vote: 4-0. Ayes: Bell, English, Ferguson and Hughes. Nays: None. Absent: Lloyd
Lloyd joined the meeting at 7:16 p.m.
6. Items for decision ― regular agenda
A. Request from Elfin’s Pond Homeowners Association to accept neighborhood streets in an expedited manner
Scott Little, an Elfin’s Pond resident representing the Elfin’s Pond Homeowners Association, joined the
meeting.
Community Services Director Margaret Hauth reviewed that the board recently had established a policy to
address when communities with private streets want their streets to become public. Elfin’s Pond is interested
in moving through this process quickly because the neighborhood is having trouble with private trash service.
The policy requires that roads be tested and accepted before providing trash service. Elfin’s Pond is not only
requesting that trash service start before the roads are made public but that the town pay for the core
sampling of the streets.
Little said he was sitting with the Homeowners Association board while speaking at this meeting. The
neighborhood would like to have the town take over the streets expeditiously and start providing trash
service.
In response to questions from the board, Little said the developer turned the board over to the homeowners
this year and the problems with trash service began in June.
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
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Nov. 8, 2021
When asked how long it would take to test and accept the roads, Hauth said she could not estimate but that it
could take several months. She advised it would be best to test and accept the streets before beginning trash
service.
Bell said he was for starting trash service first.
Hughes, Lloyd and English said they did not want to start trash service until the core sampling is done.
It was noted that other neighborhoods are paying for their core samples.
Little reiterated the Elfin’s Pond Homeowners Association’s wishes for the town to cover the cost.
Town Attorney Bob Hornik reminded the board that it recently established the policy for accepting private
streets. He said it is not advisable to establish a policy and then ignore it. There is little sense in having a policy
if exceptions are made each time. The town’s decision could be in legal jeopardy of being arbitrary and
capricious if the board does not follow its policies.
Bell clarified he is only for starting the trash service and not for the town paying for the core sampling.
There was brief discussion about the meaning of a hold harmless agreement, which would hold the town
harmless if the trash truck damaged the streets.
Little said the town taxes the Elfin’s Pond residents have paid should be used to cover the costs of core
sampling and registering the deed for the ownership transfer of the streets. He said every neighborhood has
different circumstances. Perhaps the policy should be a living document that gets modified as each
neighborhood comes online.
When asked about core sampling, Hauth said the street core samples are taken at intersections and at dead
ends.
When asked if samples are taken near cracks in sidewalks, curbs and gutters, Hauth explained the core
samples are for testing the asphalt. Town staff will conduct a walk-through to assess the cracks in the
concrete.
Little expressed interest in crediting Elfin’s Pond for the taxes residents have been paying to cover the street
core sampling.
Town Manager Eric Peterson said developments with private streets like Elfin’s Pond may not have been
approved at all had it not been for the proposal of private streets and no town trash service. So, regarding the
request for a refund on taxes, the board is under no legal obligation or legal threat to do so. This is a policy
development choice. The town did not pull the rug out from anyone’s feet. He is supportive of changing the
policy going forward and providing trash service and public roads; however, the town is not under obligation
to provide the trash service now. He said it may be possible to provide trash service to all three
neighborhoods with private roads (Elfin’s Pond, Harmony at Waterstone and Waterstone Terraces) before the
roads are vetted.
English said he is not opposed to starting trash service before road dedication.
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
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Nov. 8, 2021
Ferguson said UNC’s Department of City and Regional Planning had calculated for every $1 in residential
property taxes collected, the cost of providing residential services is $1.25 as opposed to $0.86 for providing
commercial services. Her understanding is that it is more expensive for towns to deliver residential services
than to receive the property tax income. She asked if staff had any newer data to take into consideration.
Hauth said that study is about 10 years old but she is not aware of a newer study. She said the conventional
wisdom is that property taxes for single-family dwellings do not pay what the town provides in services.
Ferguson would like to provide trash service before the roads become public.
Hughes said the franchise agreement means only one contractor is approved for providing trash service in
town where the town does not provide trash service. Business owners are in the same boat as Elfin’s Pond. He
thinks there could be liability for providing trash service to the neighborhoods before the town has accepted
the roads. The way we ensure fairness and equity is law and policy, he said. He would rather see a revision of
the policy than an exception to it.
Weaver said there is consensus that the neighborhoods pay for the core samples and that happens before the
town takes over the roads. There is some interest in providing trash service.
Lloyd wants to stick to the policy.
Ferguson said she was thinking aloud that starting trash service once a neighborhood has paid for core
sampling might be the right path. She asked if Forest Ridge is receiving town trash service before the roads
are accepted. Hauth said yes, but those roads have always been intended to be public. She added that the
streets in Fiori Hills would never be public because they were not built to public street specifications.
Little asked the board to consider that the trash service provider with the franchise agreement is not able to
provide workers compensation insurance to its workers.
Motion: Ferguson moved to provide trash service for Elfin’s Pond and Waterstone Terraces within 60
days with the following provisions:
• A hold harmless agreement is in place before trash service begins.
• The neighborhood is responsible for the cost of core samples.
• The board has the option of stopping trash service if the core samples show that the roads
are substandard.
Bell seconded.
Discussion: Bell said the motion is reasonable because these roads are likely to have been built to the
standards of public roads. He thinks there are circumstances that lead him to agree with starting trash service
before the core sampling results are in because there could be delays in getting the core sampling done.
When asked about Harmony at Waterstone, Hauth explained that neighborhood has not yet requested for the
streets to be made public and for the town to provide trash service.
When asked if there are any capacity issues with providing trash service, Hauth said no.
When asked if the trash carts currently used in Elfin’s Pond could be used for the town trash service, Hauth
said the carts are too flimsy for the town’s truck with the mechanical arm. Carts have been ordered.
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
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Nov. 8, 2021
Ferguson would like for the board to reconsider its franchise agreement for commercial trash service in town.
Peterson said the franchise agreement is in place for three years. The chamber and others have liked the
franchise agreement.
Kimrey called the roll for voting.
Vote: 3-2. Ayes: Bell, English and Ferguson. Nays: Hughes and Lloyd.
B. Master Plan Modification ― Collins Ridge to provide affordable housing land off-site and greenway relocation
Guest Speakers: Rachel Eberhard with CASA and Chip Pickard with Criterion Development. Bobby Stewart
with DR Horton and architect Dan Jewel were available.
Ferguson asked if CASA is fully on board with this plan. Also, instead of additional homes, she would like to
see green space. She wants no more units than what was originally approved.
Eberhard, CASA’s real estate developer, said CASA wants to make sure connectivity with the larger
development is maintained. There is a proposed connection to Freeland Memorial Drive. She said CASA is
happy and satisfied with this site.
Hornik said the sketch in the agenda packet does not show a connection to Freeland Memorial Drive.
Pickard said it would be a future connection point and in the interim, there would at least be a gravel access
at that location for emergency vehicles.
Hauth said the map is meant to attach to the resolution, so there is no need to add words to the resolution.
Bell said he is mindful of the original discussion where the board went to great lengths to articulate it wanted
affordable housing units fully embraced in the community. The proposed site has two or three sides of the
building facing commercial development. Bell asked if the CASA development has to be placed where it is now
proposed.
Pickard said this is the option that is most consistent with the criteria. Criterion wasn’t part to the discussion
with the original developer.
English wishes the site could be fully integrated. He noted the proposal removes 3 acres of commercial space.
Pickard reminded the board that CASA missed some criteria that eliminated the first proposed location for the
building.
Motion: Ferguson moved to approve with amendments to the resolution including that the number of
units is capped at the current level, that the location of the affordable housing is fully
acceptable to CASA and that there are truly no other options for the location of the affordable
housing in the Collins Ridge community. Bell seconded.
Discussion: Before the motion was seconded, Weaver checked with Ferguson that she was satisfied that
CASA was satisfied with the location because CASA and the developer jointly requested the
resolution. Ferguson said yes.
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
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Nov. 8, 2021
Hauth said if we had the affordable housing program’s requirements two years ago, she would
not be supporting the off-site location for this project. But by the time the program
requirements were made known to the developer and the town, the ship had sailed. Some
houses were already built. She asked how to incorporate Ferguson’s conditions into the
resolution.
Ferguson suggested adding a “whereas” indicating that CASA has vetted the site and is fully satisfied.
Hauth reiterated the amendment would be a “whereas” CASA is satisfied with the location and a “whereas”
clause indicating the unit cap is still in place.
Hornik suggested adding to the seventh “whereas” clause: “[comma] which 3.5 acre site meets CASA’s
approval.”
Ferguson requested and Hauth suggested adding a “whereas the dwelling cap is not affected by this
modification.”
Kimrey called the roll for voting.
Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None.
C. Continue board discussion on returning to in-person meetings
The board informally agreed to continue meeting remotely.
D. Special Event Permit: 2021 Hillsborough Holiday Parade and Tree Lighting
Planning and Economic Development Manager Shannan Campbell was asked if there could be a mechanism to
cancel the parade if there were too many COVID-19 cases in the area at the time.
Campbell said it is not practical to plan to cancel the parade. People pay a registration fee to be in the parade.
She thinks people will maintain some physical distance. She said the parade participants will be asked to
follow federal, state and local COVID-19 safety protocols. She added that Mebane is planning its annual
holiday parade and encouraging people to follow protocols. She added that there is mounting evidence that
COVID-19 transmission outdoors is low.
Commissioners expressed support for holding the parade.
Motion: Ferguson moved to approve the special event permit for the parade and tree lighting. English
seconded.
Kimrey called the roll for voting.
Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None.
E. Endorse updated historic district design standards
The board expressed appreciation for the work of the Historic District Commission on updating the standards.
Weaver made comments encouraging the commission to take an active role in addressing the climate change
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 6 of 17
Nov. 8, 2021
crisis by being more flexible on the addition of solar panels and to contribute to socioeconomic diversity by
thinking of ways to make new construction or renovations less costly.
Motion: Bell moved to endorse the updated design standards and encourage the Historic District
Commission to continue to consider the town’s clean energy goals and the Department of
Interior’s standards for incorporating energy producing and energy saving technologies in a
designated local historic district. Hughes seconded.
Kimrey called the roll for voting.
Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None.
F. Hot topics for work session Oct. 25, 2021
Topics for the work session are anticipated to be:
• Enforcement options for the non-discrimination ordinance adopted in January 2021
• House American Initiative
• Town Board e-mail signatures
7. Updates
A. Board members
Board members gave updates on committees on which they serve.
B. Town manager
There was no oral report.
C. Staff (written reports in agenda packet)
Hauth reported that:
• The town is keeping options open for a road over I-85 in addition to bike/ped lanes. It preserves the
town’s flexibility but does not lock the town into having a road instead of bike/ped greenway only.
• A contractor is getting started on building the new fire department building in Waterstone.
• A house that Ferguson wished to keep affordable has been purchased.
8. Adjournment
Motion: Ferguson moved to adjourn at 9:38 p.m. Bell seconded.
Kimrey called the roll for voting.
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
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 7 of 17
Nov. 8, 2021
PROCLAMATION
Indigenous Peoples Day
Oct. 11, 2021
WHEREAS, Indigenous people have lived and thrived in North America from time immemorial; and
WHEREAS, on this Indigenous Peoples Day the Town of Hillsborough celebrates and recognizes the
contributions and resilience of Indigenous Peoples, including the Occaneechi Band of the Saponi Nation; and
WHEREAS, Hillsborough was founded on land stolen from the Occaneechi Band of the Saponi Nation who
had inhabited lands along the Eno River long before European settlement; and
WHEREAS, Indigenous people in the Americas have long suffered persecution and removal from their
homelands through the colonization, settlement, and forming of America; and
WHEREAS, our community and society as a whole must commit itself to living out the principles of equality,
opportunity, and racial justice in a way that uplifts Indigenous Peoples and their lived experiences by making our
government and its agencies more accessible through policy, practices, and law; and
WHEREAS, Indigenous people are resilient and have continued to thrive and prosper to the present day
having contributed greatly to the fabric of our nation through labor, technology, philosophy, arts, culture, and the
Armed Forces; and
WHEREAS, in 1977, the International Conference on the Discrimination Against Indigenous People in the
Americas first proposed the idea of Indigenous Peoples Day as a way to re-imagine Columbus Day; and
WHEREAS, in 2015, the Hillsborough Board of Commissioners adopted a resolution resolving recognition
of Indigenous Peoples Day on the second Monday of October; and
WHEREAS, we must never forget the centuries-long campaign of violence, displacement, assimilation, and
terror wrought upon Native communities and Tribal Nations throughout our country;
NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby recognize Oct. 11, 2021
as INDIGENOUS PEOPLES DAY in the Town of Hillsborough, and I call this observance to the attention of all
residents in the town as a day of reflection upon the struggles of Indigenous Peoples and a day of celebrating the
thriving cultures and values of Indigenous Peoples.
IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to
be affixed this 11th day of October in the year 2021.
Jenn Weaver, Mayor
Town of Hillsborough
Proclamation #20211011-4
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 8 of 17
Nov. 8, 2021
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2021-2022
DATES: 10/11/2021 TO 10/11/2021
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
10-00-9990-5300-000 CONTINGENCY
10/11/2021 400,000.00 -2,000.00To fund FY21 PO not rolled 24021 233,900.00EBRADFORD
10-10-4200-5300-113 LICENSE FEES
10/11/2021 16,038.00 55.00To cover NeoGov fees 24040 16,093.00EBRADFORD
10-10-4200-5300-570 MISCELLANEOUS
10/11/2021 40,448.00 -55.00To cover NeoGov fees 24041 48,393.00EBRADFORD
10-10-6610-5300-338 SUPPLIES - DATA PROCESSING
10/11/2021 112,000.00 2,000.00To fund FY21 PO not rolled 24020 114,000.00EBRADFORD
10-20-5100-5300-080 TRAINING/CONF./CONV.
10/11/2021 19,400.00 -500.00To consolidate driver training funds 24038 18,900.00EBRADFORD
10-20-5100-5300-460 C.S./DRIVER SAFTEY TRAINING
10/11/2021 3,500.00 500.00To consolidate driver training funds 24039 4,000.00EBRADFORD
10-30-5600-5300-080 TRAINING/CONF./CONV.
10/11/2021 2,000.00 1,000.00To move Streets training to Street budget 24035 3,000.00EBRADFORD
10-30-5600-5300-110 TELEPHONE/INTERNET
10/11/2021 1,448.00 70.00To cover anticipated yr-end overage 24042 1,658.00EBRADFORD
10-30-5600-5300-570 MISCELLANEOUS
10/11/2021 1,000.00 -70.00To cover anticipated yr-end overage 24043 790.00EBRADFORD
10-30-5800-5300-080 TRAINING/CONF./CONV.
10/11/2021 3,000.00 -1,000.00To move Streets training to Street budget 24034 2,000.00EBRADFORD
10-30-5800-5300-330 SUPPLIES - DEPARTMENTAL
10/11/2021 1,000.00 5.00To cover overage 24033 1,005.00EBRADFORD
10-30-5800-5300-570 MISCELLANEOUS
10/11/2021 1,000.00 -5.00To cover overage 24032 995.00EBRADFORD
30-80-8120-5300-158 MAINTENANCE - EQUIPMENT
10/11/2021 120,240.00 37,001.00Generator repair and mobile generator ren 24029 157,241.00JDELLAVALL
30-80-9990-5300-000 CONTINGENCY
10/11/2021 400,000.00 -37,001.00Generator repair and mobile generator ren 24028 236,433.00JDELLAVALL
72-00-5100-3301-052 RESTRICTED REV-ABC BOARD GRANT
10/11/2021 6,101.60 2,750.00To reccord ABC funds 24036 8,851.60EBRADFORD
72-20-5100-5300-052 ABC BOARD EXPENDITURES
10/11/2021 6,101.60 2,750.00To reccord ABC funds 24037 8,851.60EBRADFORD
5,500.00
EBRADFORD 11:22:27AM10/04/2021
fl142r03
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GF-
Contingency
Admin.
Admin.
IT
Police
Police
Streets
Streets
Streets
Solid
Waste
Solid
Waste
Solid
Waste
WTP
W&S
Contingency
Restricted
Revenue
Restricted
Revenue
APPROVED: 4/0
DATE: 10/11/21
VERIFIED: ___________________________________
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 9 of 17
Nov. 8, 2021
ORANGE COUNTY COMMUNITY REMEMBRANCE COALITION
MEMORANDUM OF UNDERSTANDING
The Orange County Community Remembrance Coalition (OCCRC) formed
organically in the summer of 2018, in response to the opening of the National Memorial
for Peace and Justice. A group of friends and colleagues convened a meeting to talk
about the pressing need to recognize the sufferings and sacrifices of our foremothers
and forefathers in ways that would respect them and their descendants, as well as the
affected communities, past and present.
We agreed to establish a coalition with at least five community-based organizations
that have civil rights, equity and justice as part of their mission or vision. OCCRC, in
coordination with the Equal Justice Initiative (EJI) of Montgomery, Alabama, is carrying
out a multi-year project to recognize the victims and survivors of racial terror lynching
in Orange County, NC, from 1865 to 1950.
This MOU serves as a brief statement of our goals, and the expectations of
members who wish to be part of the OCCRC as we plan, host, and promote events.
The work of the Coalition is to disrupt and overcome the detrimental systems and
mindsets that have plagued America for generations and to help usher forth a future of
humanity, equity and justice for all of us. OCCRC will recognize Manly McCauley and
other victims of racial terror lynching in Orange County, NC.
To accomplish that goal, the Coalition envisions a collaborative effort and process
with many individuals and organizations over the next few years. The key undertakings
that OCCRC intends to accomplish in partnership with EJI a soil collection event
pertaining to the site of the lynchings of McCauley and four other individuals; an essay
contest for high school students with scholarship prizes; installation of historical
markers, in collaboration with EJI, about each person who was lynched and about the
history of lynching in Orange County; and lastly, installation of the EJI duplicate
monument in Orange County.
OCCRC must also show EJI a dedicated effort to involve the community at large,
with the aim to educate the broader public on the issue of racial terror lynching and how
it touches social justice and equity issues today. Please note that OCCRC aims to go
beyond the minimum required by EJI. Since January 2019, we have held a number of
public events, in-person and online.
Organizations or individuals who join OCCRC formally must realize that there are
expectations of participation and representation.
•Participate in as many as possible of the regularly scheduled Coalition meetings
(no set minimum stated)
•Engage in roles or committees related to Coalition programs or to Coalition
operations to the extent their obligations permit
•Make financial contributions to the Coalition to the extent their means permit
•Promote Coalition activities within their organizations and networks, by word of
mouth, announcements, social media posts, newsletters, and so on
•Attend Coalition events periodically
•Promote the welfare and good standing of the Coalition and the Equal Justice
Initiative in their public statements and activities
•Encourage other organizations and individuals to join and support the Coalition
Please note that members of the Coalition may not represent themselves or their
organizations as being affiliated with the Equal Justice Initiative.
OCCRC currently is comprised of several local community organizations, and we
look forward to working with many more. If you or your organization wants to join in
this endeavor as active members, please complete the form below and return it to any
of the four co-chairs, listed in the sidebar.
Thank you for your interest in this important effort to bring truth to Orange County.
Co-Chairs
James E. Williams, Jr.
attwill9@gmail.com
919-819-0364
Renee A. Price
reneeprice2012@gmail.com
919-593-1904
Dr. Freddie Parker
Fparker70@gmail.com
Prinny Anderson
prinny@prinnyanderson.com
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 10 of 17
Nov. 8, 2021
ORANGE COUNTY COMMUNITY REMEMBRANCE COALITION
MEMORANDUM OF UNDERSTANDING
We/I _______________________________________________________________
Name of organization or individual
hereby acknowledge receipt of the Memorandum of Understanding from the
Orange County Community Remembrance Coalition, accept the mission of OCCRC,
and will adhere to the expectations of participation as a Member of OCCRC.
________________________________________ ________________
Signature Date
____________________________________________
Signer’s email
____________________________________________
Other member of the organization – Name, email
____________________________________________
Name, email
____________________________________________
Name, email
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 11 of 17
Nov. 8, 2021
Proclamation #20211011-5.F
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 12 of 17
Nov. 8, 2021
RESOLUTION
Amending the Collins Ridge Master Plan
Affordable Housing & Greenway Conditions
WHEREAS, The Hillsborough Town Board approved the Master Plan authorizing the development of the
neighborhood named Collins Ridge on September 28, 2015; and
WHEREAS, Condition Three of the approval resolution detailed the developer’s offer to provide for
affordable housing within the community to be built by CASA on land donated by the developer; and
WHEREAS, The North Carolina Housing Finance Agency’s highly competitive Low-Income Housing Tax
Credit program is the primary funding source CASA pursues for new construction projects; and
WHEREAS, The Program has specific requirements for applicant parcels including distances from interstate
highways, railroads, and overhead transmission lines; and
WHEREAS, The developer and CASA worked together to identify a workable three-acre tract within the
neighborhood that is well-qualified to receive Low-Income Housing Tax Credits, but that site has been determined
to be unsuitable to qualify for the Low-Income Housing Tax Credit program; and
WHEREAS, The developer and CASA have identified a substitute tract that meets the Program’s spacing
requirements, is adjacent to Collins Ridge, and can be designed and integrated into the Collins Ridge
neighborhood;
WHEREAS, The developer and CASA have jointly requested the Town Board to amend Condition Three of
the Collins Ridge Master Plan to allow the approximate 3.5 acre tract adjacent to Collins Ridge (as shown on the
sketch plan attached to this Resolution; the sketch is intended only to show the location of the 3.5 acre tract and
proposed road connections, but not actual site design) meet the affordable housing commitment of the developer.
This 3.5 acres sites meets CASA’s approval;
WHEREAS, Condition Six (f) of the approval resolution detailed the developer’s offer to provide walking
and biking trails in the neighborhood. A portion of that trail was proposed to be located within the Duke Energy
transmission line that bisects the project. Duke Energy has declined to allow this improvement within their right
of way;
WHEREAS, The Developer has provided the attached sketch plan proposing an alternative trail location
that is acceptable in concept to the town as the trail has not been designed; and
WHEREAS, The Master Plan approved in 2015 authorized 950 market-rate dwellings in Collins Ridge. This
modification does not change the market-rate unit authorization.
NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners amends Condition Three of
the Collins Ridge Master Plan to read as follows:
Resolution #20211011-6.B
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 13 of 17
Nov. 8, 2021
3. Affordable Housing.
The Collins Ridge Master Plan provides for a range of housing types at varying price points. The availability of
single-family homes, townhomes and multi-family units is naturally conducive to affordable housing as these
varying home types and sizes will appeal to residents with a range of incomes and housing needs.
In order to provide additional opportunities for housing for Low-Income Households (“Affordable Housing”),
as defined by the North Carolina Housing Coalition below, the developer shall offer to donate and convey
without charge at least three (3) acres of land available to support eighty-eight (88) multi-family dwellings to
CASA or its assignee at a mutually agreeable location with a deed restriction ensuring the property will be used
for Affordable Housing for Low-Income Households (“Affordable Housing Property”). Specifically, the deed
into CASA for the Affordable Housing Property shall require each of the following: (i) the parcel be used for a
minimum of sixty (60) and a maximum of eighty-eight (88) Affordable Housing units, including but not limited
to Veterans with Disabilities; (ii) CASA, or its assignee, shall accept all types of rental subsidies; (iii) CASA, or
its assignee, will apply for federal and/or state funding for construction within two (2) years of receipt by CASA
of fee title to the property; (iv) that CASA will use its best efforts to obtain funding for construction of rental
units as described above; and (v) if CASA has not received at least one building, grading or other related
construction permit on the fifth (5th) anniversary of the date CASA takes owner ship of the Affordable Housing
Property, ownership of the parcel shall, at the Town of Hillsborough’s formal written request and at no cost to
the town of Hillsborough, be transferred to the Town of Hillsborough. The Developer shall provide the Town
with a copy of the recorded deed of the property conveyed to CASA within thirty (30) of recordation on the
deed.
The developer and CASA may agree to a different location (as generally depicted on the attached sketch plan)
for the Affordable Housing Property outside the boundary of Collins Ridge as shown on the current Collins
Ridge Master Plan if such location better meets the criteria of the Low-Income Housing Tax Credit program. In
that event, the declaration of restrictions and covenants for Collins Ridge must specifically and irrevocably
include the substitute location so residents of the Affordable Housing Property have full rights as if they were
residents within the Collins Ridge. Deed restrictions shall also be applied to the substitute parcel to ensure the
conditions listed in paragraph 2 above, the commitment of CASA or its assignee to pay a fair share of the
assessments and dues to the association, and the commitment of CASA or its assignee to participate and maintain
membership in the association.
The developer of Collins Ridge, and its successors or assigns, shall ensure that the Affordable Housing Property,
whether on-site or off-site, has vehicular and pedestrian access to public streets and on-site access to all public
utilities that are available to the remainder of the Collins Ridge Community. The design and location of such
vehicular and pedestrian access must be approved by the Town under the specified review process at the time of
review. CASA or its assigns commits that the design of amenities and landscape features on the Affordable
Housing Property shall be consistent with and of quality and quantity equal to all other parcels in Collins Ridge.
The Affordable Housing Property shall be conveyed to CASA at no cost by December 31, 2021.
The developer of Collins Ridge shall ensure that the Affordable Housing Property to be conveyed to CASA (or
its assignee), or to the Town of Hillsborough in the even that CASA has not received its first construction permit
by the fifth anniversary date of the date CASA takes ownership of the Affordable Housing Property, shall be
fully integrated into the Collins Ridge Community so that residents of Affordable Housing units shall have
access to all amenities in Collins Ridge on the same basis and to the same extent as all other residents of Collins
Ridge.
CASA, or its assignees, shall be responsible for constructing, managing and maintaining the dwelling units,
including submitting and obtaining development approval for development of the site.
Resolution #20211011-6.B
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 14 of 17
Nov. 8, 2021
The definition of the term “Low-Income Households” is derived from the North Carolina Housing Coalition and
set out in its entirety below.
Low-Income Household(s) – Household(s) whose income does not exceed Eighty Percent (80%) of the median
income for the area as determined by HUD.
BE IT FURTHER RESOLVED, the original Master Plan limit of 950 market rate dwelling units remains in
effect for the Collins Ridge property.
BE IT FURTHER RESOLVED, the Hillsborough Board of Commissioners amends Condition Six(f) of the
Collins Ridge Master Plan to read as follows:
f.Walking/Biking Trails. The developer shall construct at least 6,000 linear feet (1.1± miles) of
walking/biking trails, in addition to sidewalks. Walking/biking trails shall be constructed generally as shown
on the "Collins Ridge Multi-Use Path Map", dated October 1, 2021 and part of the October 11, 2021
amendment to the master plan. The final path alignment shall be shown on construction drawings reviewed
and approved by the Town of Hillsborough prior to trail development. The developer and the Town may agree
to minor trail location modifications that provide a superior product for the town prior to development.
Walking/biking trails shall be at least ten feet (10') wide and constructed of asphalt in accordance with Town
of Hillsborough greenway standards, including the Access Board Guidelines. Walking/biking trails located
within the perimeter buffer of Collins Ridge shall be dedicated to the Town of Hillsborough and accepted by
the Town of Hillsborough for maintenance. This trail shall be constructed and ready for dedication prior
December 31, 2027.
Approved this 11th day of October 2021.
Jenn Weaver, Mayor
Town of Hillsborough
Resolution #20211011-6.B
Oct. 11, 2021
Board of Commissioners Regular Meeting
Approved: ____________________
Page 15 of 17
Nov. 8, 2021
STORM PONDBY DEVELOPER IFNEEDE
D
CASA AT COLLINS RIDGEPROPERTY EXHIBIT 10.4.2021NSTORM POND BYDEVELOPER IF NECESSARYAREA FOR CASA +/- 3.5 ACRESFUTURE CONNECTIONTO FREELAND MEMORIAL DR.DRIVEWAY CONNECTIONTO LIGHTFOOT LN4 APT BUILDINGS@ 22 UNITS EACHFILL AND RETAINING WALLSTO CREATE BUILDABLE PADBY DEVELOPERResolution #20211011-6.BOct. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 17Nov. 8, 2021
1460 LF
705 LF1617 LF2,417 LFTRAIL ROUTES PREVIOUSLYAPPROVEDPROPOSEDNEW TRAIL ROUTETOTAL LENGTH OF TRAIL ASSHOWN - 6,199 LFDANIEL BOONES. CHURTON ST.ORANGE GROVE RD.COLLINS RIDGEMULTI-USE PATHEXHIBIT2FWREHUResolution #20211011-6.BOct. 11, 2021 Board of Commissioners Regular Meeting Approved: ____________________ Page 17 of 17Nov. 8, 2021