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HomeMy Public PortalAbout03-14-22 Agenda Regular Meeting101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov BOARD OF COMMISSIONERS AGENDA | 1 of 3 Agenda Board of Commissioners Remote regular meeting 7 p.m. March 14, 2022 Virtual meeting via YouTube Live Town of Hillsborough YouTube channel Due to current public health concerns, this meeting will be conducted remotely using Zoom. Public comment instructions are available below the agenda. Please use the bookmark feature to navigate and view the item attachments. 1.Public charge The Hillsborough Board of Commissioners pledges to the community of Hillsborough its respect. The board asks community members to conduct themselves in a respectful, courteous manner with the board and with fellow community members. At any time should any member of the board or attendee fail to observe this public charge, the mayor or the mayor’s designee will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the mayor or the mayor’s designee will recess the meeting until such time that a genuine commitment to this public charge is observed. 2.Audience comments not related to the printed agenda 3.Agenda changes and approval 4.Presentations Proposed Crisis Diversion Facility 5.Appointments A.Planning Board— Appointment of Sherra Lawrence for a term ending March 31, 2025 B.Historic District Commission — Appointment of Hannah Peele for a term ending March 31, 2025 C.Parks and Recreation Board — Appointment of Wendy Kuhn for a term ending March 31, 2025 6.Items for decision ― consent agenda A.Minutes 1.Joint Public Hearing Jan. 20, 2022 2.Regular meeting Feb. 14, 2022 3.Work session Feb. 28, 2022 B.Miscellaneous budget amendments and transfers C.Consistency statement and ordinance amending Section 3.12 of the Unified Development Ordinance – Adding 3.12.14 Emergency Administrative Certificates of Appropriateness D.Consistency statement and ordinance amending Section 6.22 of the Unified Development Ordinance – Tree Preservation E.Consistency statement and ordinance amending Section 6.17 and Section 6.20 of the Unified Development Ordinance – Sideways, Walkways, and Streets F.Special event permit – Handmade Parade and Makers Market Road Closure and Trash Sponsorship G.Special event permit – Last Fridays Art Walk Trash Sponsorship BOARD OF COMMISSIONERS AGENDA | 2 of 3 H. Special event permit – Food Truck Rodeo Trash Sponsorship I. Special event permit – Kevin Dendy Memorial 5K Park/Greenway use J. 2021 Records Retention and Disposition Schedule Updates K. Appoint Commissioner Kathleen Ferguson as the voting delegate for the North Carolina League of Municipalities 2022-2023 Board of Directors Election L. US 70 Multimodal Corridor Study beginning with Orange County and Mebane 7. Items for decision ― regular agenda A. Letter of interest for contiguous annexation – N.C. 86, Waterstone area B. Letter of interest for contiguous annexation – Cates Creek Parkway, Moren Tract C. Recommendations from Mayor’s Task Force on Re-imagining Public Safety (continued) D. Board discussion on returning to in person meetings E. Hot topics for work session March 28, 2022 8. Updates A. Board members B. Town manager C. Staff (written reports in agenda packet) 9. Adjournment Interpreter services or special sound equipment for compliance with the American with Disabilities Act is available on request. If you are disabled and need assistance with reasonable accommodations, call the Town Clerk’s Office at 919-296-9443 a minimum of one business day in advance of the meeting. Public Comment Instructions For public hearings, agenda items and items not on the agenda Public Comment ― Written Members of the public may provide written public comment by submitting it via the Board of Commissioners contact form by noon the day of the meeting. Public hearing comments may be submitted for 24 hours following a public hearing. When submitting the comment, include the following: • Date of the meeting • Agenda item you wish to comment on (Example: 5.C) • Your name, address, email and phone number Public Comment ― Verbal Members of the public can indicate they wish to speak during the meeting by contacting the town clerk using the town clerk contact form by noon the day of the meeting. When submitting the request to speak, include the following: • Date of the meeting • Agenda item you wish to speak on (Example: 5.C) • Your name, address, email and phone number (The phone number must be the number you plan to call in from if participating by phone.) BOARD OF COMMISSIONERS AGENDA | 3 of 3 Prior to the meeting, speakers will be emailed a Zoom participant link to be able to make comments during the live meeting. Speakers may use a computer (with camera and/or microphone) or phone to make comments. Speakers using a phone for comments must use the provided PIN/password number. The public speaker’s audio and video will be muted until the board gets to the respective agenda item. Individuals who have pre-registered will then be brought into the public portion of the meeting one at a time. For concerns prior to the meeting related to speaking, contact the town clerk at 919-296-9443. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Administrative Services Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Orange County Criminal Justice Resource Director Cait Fenhagen Mayor Jenn Weaver ITEM TO BE CONSIDERED Subject: Proposed Crisis Diversion Facility Presentation Attachments: None. Brief summary: Presentation to the Hillsborough Board of Commissioners regarding Orange County plans for a behavioral health Crisis-Diversion Facility. This proposed Facility would fill a critical gap in therapeutic crisis response and increase diversions from the Detention Center and Emergency Room. Tony Marimpietri is the chair of the work group and has a condensed informational PowerPoint presentation that he and Cait Fenhagen have shared, most recently with area judges, and would like to share with the Hillsborough Board of Commissioners. They will also be presenting on March 23 to the Chapel Hill Council. Action requested: Receive information presented. Provide direction if requested. ISSUE OVERVIEW Background information and issue summary: Provided in summary above. Financial impacts: N/A Staff recommendation and comments: N/A For clerk’s use AGENDA ITEM: 4 Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Planning and Economic Development Manager, Shannan Campbell ITEM TO BE CONSIDERED Subject: Planning Board – Appointment of Sherra Lawrence for a term ending March 31, 2025 Attachments: Volunteer application for Sherra Lawrence Brief summary: Sherra Lawrence has volunteered to serve a term of three years on the Hillsborough Planning Board. Action requested: Consider appointment of Sherra Lawrence as a member of the Planning Board whose term will expire on March 31, 2025. ISSUE OVERVIEW Background information and issue summary: Sherra is a researcher at UNC Chapel Hill and is a new resident to town. Sherra has a degree in Urban and Environmental Planning and is wanting to meet new people and get involved in the community. They reside in Collins Ridge. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 5.A Consent agenda Regular agenda Closed session Advisory Board Application If you are a Town of Hillsborough resident and willing to volunteer your time and expertise to your community, please complete this form. Volunteers for the Parks and Recreation Board must be at least 13 years old, and volunteers for all other boards must be at least 18 years old. Name: Sherra Lawrence Home address: 428 Bluffberry Way, Hillsborough, NC 27278 Email address: sclawrence14@gmail.com Place of employment: UNC Chapel Hill Job title: Research Practitioner Birth date: July 23, 1989 Gender: Female Ethnic origin: Black Boards you would be willing to serve on: First choice — Planning Board Second choice — Historic District Commission Third choice — Parks and Recreation Board Reasons for wanting to serve: I am new to the area and would like to learn more about the town, meet my new neighbors and get involved in the governance. I also have a degree in urban and environmental planning and policy and Child Devlopment and would love and opportunity to flex some of those muscles for the town where I live. Have you served or are you currently serving on a town board? If so, which ones and when? No Relevant work, volunteer or educational experience: I have a joint masters degree in urban and environmental policy and planning where I learned about how place and space impact communities and I have done work in community and family engagement for most of my career. How are you connected to Hillsborough (live, work, play, shop, own property)? I recently moved to the area and live here Have you reviewed the Vision 2030 plan, and what are your thoughts about it? I have watched a few public meeting where the plan was brought up and discussed and I think the priorities around affordable housing, maintaining green spaces and sustainability while also investing in business and economic development are all important priorities for Hillsborough especially with how rapidly the surrounding Triange and Triad areas are developing Have you reviewed other town documents (budget, strategy map, small area plans), and what are your thoughts about them? I reviewed a plan that was discussed in the parks and rec meeting about green spaces and priorities for making the town more walkable, I know traffic was identified as a concern of many in the town and I think there is a lot of opportunity to make the town more walkable and think about public transportation and bike paths What challenges do you see the town facing that could be addressed by the board or boards on which you wish to serve? This area of North Carolina is rapidly growing and I think with that there will be challenges with ensuring the town is developing in a way that honors the history of the town while also taking into account the growing diversity of the population and the needs and preferences that come with more diverse perspectives. Finding a balance between economic development and environmental sustainability is also a challenge Hillsborough may face. I am interested in the Planning board and Park and Rec Board because I believe these are two board that will be very influential in determining a path for finding the balance between development and sustainability. How you heard about this opportunity: Internet Agreement: 3 I have been advised that I am committing to attend the volunteer board's regular meetings. Attendance at the regular meetings shall be considered a prerequisite for maintaining membership on the board. The Board of Commissioners may declare a vacancy on the board because of non-attendance. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Planning and Economic Development Manager, Shannan Campbell ITEM TO BE CONSIDERED Subject: Historic District Commission — Appointment of Hannah Peele for a term ending March 31, 2025 Attachments: Volunteer Application – Hanna Peele Brief summary: Ms. Peele has volunteered to serve on the Historic District Commission for a three-year term. Action requested: Consider appointment of Hannah Peele to fill an existing vacancy on the Historic District Commission. ISSUE OVERVIEW Background information and issue summary: Ms. Peele has expressed interest in serving on the Historic District Commission and has been interviewed by staff. Based on her enthusiasm, her experience with consulting and design and her desire to be involved in the growth of Hillsborough, the recommendation is for Ms. Peele to be appointed to fill the vacancy due to the departure of Megan Kimball. Ms. Peele’s term would expire March 31, 2025. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 5.B Consent agenda Regular agenda Closed session Advisory Board Application If you are a Town of Hillsborough resident and willing to volunteer your time and expertise to your community, please complete this form. Volunteers for the Parks and Recreation Board must be at least 13 years old, and volunteers for all other boards must be at least 18 years old. Name: Hannah Peele Home address: 412 W King Street Home phone number: 978-968-3245 Email address: hana.peele@gmail.com Place of employment: Self Employed Job title: Designer/Consultant Birth date: Jan. 24, 1976 Gender: Female Ethnic origin: White Boards you would be willing to serve on: First choice — Historic District Commission Reasons for wanting to serve: This is a way that I can be involved in the growth of my community. I'm interested in preserving the historic character of Hillsborough while at the same time fostering growth that will support and sustain that character. I love old buildings. Have you served or are you currently serving on a town board? If so, which ones and when? Never served on a town board. Relevant work, volunteer or educational experience: M.Arch, Assoc. AIA, Currently working as a Residential Designer and Universal Design consultant. Work includes additions/renovations to old houses. Human Kindness Foundation- volunteer (2014-present) Benevolence Farm- Facilities and Events, volunteer (2014- 2016) The Scrap Exchange- Facilities Committee, member (2009-2010) A Community Portrait of Durham- 2010 Core Organizing Group, member (2009) Hillsborough Arts Council- Gallery and Office assistant, member, volunteer (2010-2011) SEEDS, Durham, volunteer 2006-2010 NC Healthy Built Homes Intern 2005-2006 NESEA member/volunteer 2001--present How are you connected to Hillsborough (live, work, play, shop, own property)? Yes to all of the above. Own a house in Hillsborough. Work from home, w/some of my projects located in Hillsborough. Love the River Walk--can be found running or walking along it and around town. Love that I can run/walk/bike to shops and restaurants. Have you reviewed the Vision 2030 plan, and what are your thoughts about it? Overall, great and I'm glad to see that these goals are being realized. Things I am glad to see included: An increase in resources going to "Finding ways to celebrate and maintain this diversity". Prioritizing connectivity as it is lacking-as stated. Still potential for commuter rail. "Modify regulations to allow additional density while maintaining neighborhood character." Big fan of Goals 2 and 3d Have you reviewed other town documents (budget, strategy map, small area plans), and what are your thoughts about them? Not thoroughly, but I am impressed with how readily accessible this info is and how well the town govt communicates with the community. What challenges do you see the town facing that could be addressed by the board or boards on which you wish to serve? Affordability. Can be addressed by encouraging/allowing more density in the form of smaller dwellings (ADUs, garage apartments, duplexes etc) Scale creep. Preserving the scale of the street front. How you heard about this opportunity: Other Agreement: 3 I have been advised that I am committing to attend the volunteer board's regular meetings. Attendance at the regular meetings shall be considered a prerequisite for maintaining membership on the board. The Board of Commissioners may declare a vacancy on the board because of non-attendance. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Public Space Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Public Space Manager, Stephanie Trueblood ITEM TO BE CONSIDERED Subject: Parks and Recreation — Appointment of Wendy Kuhn for a term ending March 31, 2025 Attachments: Volunteer application – Wendy Kuhn Brief summary: Wendy Kuhn has volunteered to serve on the Parks and Recreation Board for a three-year term. Action requested: Consider appointment of Wendy Kuhn as a member of the Parks and Recreation Board whose term will expire March 31, 2025. ISSUE OVERVIEW Background information and issue summary: Wendy Kuhn brings a wealth of knowledge and volunteer experience to the Parks and Recreation Board. Wendy serves as an alternate community representative on the Orange County Climate Council (OCCC) and has worked extensively on the Policy Subcommittee of the OCCC. Wendy lives in Fiori Hills, which is a neighborhood that has not been represented on the Parks and Recreation Board in the past. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 5.C Consent agenda Regular agenda Closed session Advisory Board Application If you are a Town of Hillsborough resident and willing to volunteer your time and expertise to your community, please complete this form. Volunteers for the Parks and Recreation Board must be at least 13 years old, and volunteers for all other boards must be at least 18 years old. Name: Wendy Kuhn Home address: 709 Lorentello Circle, Hillsborough, NC 27278 Home phone number: 9196051069 Email address: Wendylkuhn@gmail.com Place of employment: Break Through Consulting, LLC Job title: Owner Birth date: Dec. 14, 1963 Gender: Female Ethnic origin: White Boards you would be willing to serve on: First choice — Tourism Board Second choice — Parks and Recreation Board Third choice — Tourism Development Authority Reasons for wanting to serve: I want to be a part of the Town I live in and believe my skills, talents and experience will serve the Town well. I am convinced I can make a difference for the Board should I be fortunate enough to be chosen. Have you served or are you currently serving on a town board? If so, which ones and when? No Relevant work, volunteer or educational experience: Town of Cary Solid Waste Management Advisory Committee Meals on Wheels Durham Board member and immediate Past President Extensive local and state government consulting experience Small business owner -Break Through Consulting, LLC Masters of Public Administration Masters in Economics How are you connected to Hillsborough (live, work, play, shop, own property)? I own a home in Fiori Hill in Hillsborough Previously, I lived in Chapel Hill and was a frequent visitor to the town I own my own small consulting business based out of my home Have you reviewed the Vision 2030 plan, and what are your thoughts about it? I have reviewed it. I am excited about the ambitions for the town and pleased to see the commitment to diversity, the town’s character, and the environment and intrigued by the complex public policy challenges to be addressed, especially as we grow. Recognition of the very real practicalities of, for example, traffic is a clear indication of the commitment the Town has to real, practical, and also visionary adjustments to help this Town achieve its truest potential Have you reviewed other town documents (budget, strategy map, small area plans), and what are your thoughts about them? Yes.. I think the strategy map is a good clear vision for the future. However, as with all plans, it is the measurable objectives, the implementation plan and the drive to get things done that make a difference. I feel like the framework is strong and I would be excited by the opportunity to be part of its implementation What challenges do you see the town facing that could be addressed by the board or boards on which you wish to serve? I think all of the Boards are facing significant challenges especially in the areas of COVID response ( and what the world will look like post COVID) and addressing racism and systemic injustice which must be seriously visited in each Board and strategies adopted to ensure that we are actively taking steps in Hillsborough to be anti racist. How you heard about this opportunity: Internet Agreement: 3 I have been advised that I am committing to attend the volunteer board's regular meetings. Attendance at the regular meetings shall be considered a prerequisite for maintaining membership on the board. The Board of Commissioners may declare a vacancy on the board because of non-attendance. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Clerk Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Town Clerk Sarah Kimrey ITEM TO BE CONSIDERED Subject: Minutes Attachments: 1. Joint public hearing Jan. 20, 2022 2. Regular meeting Feb. 14, 2022 3. Work Session Feb. 28, 2022 Brief summary: None. Action requested: Approve minutes of the Board of Commissioners joint public hearing Jan. 20, 2022, regular meeting Feb. 14, 2022 and the Board of Commissioners work session Feb. 28, 2022. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: None. Staff recommendation and comments: Approve minutes as presented. For clerk’s use AGENDA ITEM: 6.A Consent agenda Regular agenda Closed session 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov JOINT PUBLIC HEARING MINUTES | 1 of 7 Minutes PLANNING BOARD AND BOARD OF COMMISSIONERS Remote joint public hearing 7 p.m. Jan. 20, 2022 Virtual meeting via YouTube Live Town of Hillsborough YouTube channel Present Town board: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes and Evelyn Lloyd Planning Board: Chair Chris Johnston, Christopher Austin, Cassandra Chandler, Alyse Polly, Hooper Schultz and Jeff Scott Absent: Planning Board: Frank Casadonte and Scott Taylor Staff: Planning and Economic Development Manager Shannan Campbell and Town Attorney Bob Hornik 1. Call to order and confirmation of quorum Mayor Jenn Weaver called the meeting to order at 7:01 p.m. Planning and Economic Development Manager Shannan Campbell called the roll and confirmed the presence of a quorum, noting Commissioner Matt Hughes was not yet present. Weaver turned the meeting over to Planning Board Chair Chris Johnston. 2. Agenda changes and approval There were no changes. The agenda stood as presented. Later in the meeting, the board members briefly returned to Item 5A after discussing Item 5C. Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Planning Board member Cassandra Chandler seconded. Campbell called the roll for voting. Vote: 10-0. Ayes: Ayes: Commissioners Mark Bell, Robb English, Ferguson and Evelyn Lloyd; Planning Board members Christopher Austin, Chandler, Johnston, Alyse Polly, Hooper Schultz and Jeff Scott. Nays: None. 3. Minutes review and approval Minutes from regular meeting on Dec. 16, 2021 Town Attorney Bob Hornik clarified that only Planning Board members should vote to approve the Planning Board meeting minutes. Motion: Schultz moved to approve the Dec. 16, 2021, Planning Board meeting minutes as presented. Chandler seconded. JOINT PUBLIC HEARING MINUTES | 2 of 7 Campbell called the roll for voting. Vote: 6-0. Ayes: Austin, Chandler, Johnston, Polly, Scott and Schultz. Nays: None. 4. Open the public hearing Johnston declared the public hearing open. 5. Text amendments to the Unified Development Ordinance A. Section 3.12.14 to add emergency Certificate of Appropriateness language Johnston introduced Item 5A, referring attendees to Page 9 of the agenda packet. Campbell summarized the staff report. She said currently there are no provisions in the ordinance allowing staff to administratively issue Certificates of Appropriateness during states of emergency when the Historic District Commission cannot meet and work in the Historic District needs to be done quickly to prevent further damage to historic buildings. She offered examples of such emergency situations, such as schools needing to quickly erect temporary structures during the Covid-19 pandemic to accommodate social distancing, or a tree falling on a house in the Historic District during an extreme weather event and needing to be removed. Campbell said the proposed language would allow staff to issue Certificates of Appropriateness during a state of emergency, with the provision that staff would update the Historic District Commission at their next subsequent meeting about the Certificates of Appropriateness issued. Johnston asked for the board members’ questions, comments and concerns. Chandler asked for clarity regarding what situations would constitute an emergency, expressing concern that someone might take advantage of the ordinance. Hornik and Weaver explained a governmental authority such as the mayor, the governor or the Orange County Board of Commissioners would have to declare a state of emergency before the proposed provisions would take effect. When asked, Campbell and Hornik clarified that the proposed language granting authority to issue emergency Certificates of Appropriateness to the Planning Manager also could refer to a staff member the Planning Manager designates to make such decisions. When asked, Campbell clarified the proposed ordinance would not apply if the Historic District Commission is able to meet virtually. She said the ordinance would apply only when the commission is unable to meet or establish quorum either in person or virtually. She clarified staff would not approve purely cosmetic changes to historic buildings in an emergency situation and there is language in the draft ordinance outlining that. Ferguson noted that the Historic District Commission must comply with open meeting laws. Hornik confirmed. Hughes arrived at 7:12 p.m. When asked, Campbell and Hornik clarified the proposed ordinance would not apply during the current Covid- 19 state of emergency because the Historic District Commission is able to meet remotely. They confirmed the emergency provision would only apply if the commission could not meet either in person or remotely. Hughes asked if emergency Certificates of Appropriateness would need to be ratified by the Historic District Commission. Campbell clarified the proposed ordinance would require the Planning Manager to provide the JOINT PUBLIC HEARING MINUTES | 3 of 7 Historic District commission with a list of any Certificates of Appropriateness issued during the state of emergency. Hughes asked if other jurisdictions have similar ordinances in place. Campbell said she assumed so. She said the current Covid-19 state of emergency had prompted staff to recommend the proposed language. Campbell said during the pandemic schools have needed to figure out temporary structures very quickly. She said staff grew concerned that potential hurricanes or extreme weather events could create situations in which decisions would need to be made very quickly, and in which the Historic District Commission might not be able to meet. She said such a situation would be a worst-case scenario. Chandler asked if the Historic District Commission would be able to rescind emergency Certificates of Appropriateness. Hornik said no, and he clarified that an emergency Certificate of Appropriateness would be the equivalent of a regular Certificate of Appropriateness. Johnston asked if there were any other questions or concerns. None was raised. Later, the board members briefly returned to Item 5A after discussing Item 5C. B. Sections 6.17 and 6.21 to require sidewalks on private streets within a commercial development Johnston introduced Item 5B. Campbell summarized the staff report. She said the streets and sidewalks sections of the ordinance mainly were written to address new residential development. She said situations have arisen in the past few years in which sidewalk connectivity has been needed in commercial developments, regardless of whether the developments’ streets were public or private. Campbell said commercial developments often incorporate drive aisles that are not publicly maintained but that feel like public streets. She said sidewalks on such drive aisles are still desirable and required, especially when they would connect to sidewalks on nearby public streets. Campbell said the ordinance currently states sidewalks are applicable to private commercial developments but developers often skim the ordinance and mistakenly think they do not need to build sidewalks. The proposed changes would clarify that the town requires developers to build sidewalks on new private roads. Campbell said other changes ensure the ordinance always refers to “private streets” instead of “private roads.” She said another change would delete outdated language regarding setting the payment in lieu amount, which she said is currently is set in the town’s fee schedule. When asked, Campbell clarified that the payment in lieu currently is set at 125% of construction cost to account for inflation. Johnston asked for the board members’ questions, comments and concerns. Hughes said he recently drove through West Hillsborough and noted a new sidewalk at the corner of Bellevue Street and Benton Street that seemed out of place. Campbell confirmed the property at that location is being developed into a minor subdivision and that the sidewalk was required. Hughes said the likelihood of another sidewalk connecting to the subdivision’s sidewalk is miniscule. Campbell said the town and many other jurisdictions require such sidewalks in the hope they will connect in the future. Hughes and other board members indicated agreement. Polly noted it can be hard to distinguish between public and private streets in retail developments. She asked Campbell to walk the board members through the Hampton Pointe development and explain where sidewalks were required or would be required in the future. JOINT PUBLIC HEARING MINUTES | 4 of 7 Campbell agreed and shared a satellite image of the Hampton Pointe shopping center. She pointed out several existing sidewalks along public streets and drive aisles in the development. Campbell said in the future the town would ask developers to build sidewalks along both sides of drive aisles to enhance connectivity. Schultz asked if the town defines the difference between a drive aisle and a parking lot. He expressed concern that a developer might claim a drive aisle is a parking area and claim a sidewalk is not needed. Campbell said the new language in Section 6.17.3.2 would require sidewalks along drive aisles or through parking areas that provide important pedestrian connectivity. Campbell said staff would simply need to tell such developers that sidewalks are required. Johnston wondered if the ordinance should define drive aisles’ widths. Campbell said a width standard might be too specific but agreed to research it before making final recommendations to the town board. Polly noted the new language in Section 6.17.3.2 would require sidewalks along drive aisles or through parking areas that provide important pedestrian connectivity. She asked if staff expertise would determine what areas would benefit from that important pedestrian connectivity. Campbell nodded yes. Polly wondered if the language should be further clarified to better define the ideal the town is moving toward, agreeing that more sidewalks generally are better. Campbell agreed some of the proposed language would give the town’s Planning Division staff a little more leeway. Campbell said other sections of the ordinance affect design, noting the proposed language in Section 6 outlines design requirements for how buildings should interact with streets and sidewalks. Campbell said she thinks the language is specific enough, and she said the ordinance should include flexibility for situations where it does not make sense to build sidewalks. Polly agreed with Campbell’s reasoning. Johnston asked if there were any other questions or concerns. None was raised. C. Section 6.22 to modify tree preservation language Johnston introduced Item 5C. Campbell summarized the staff report. She said the board members already had discussed amending the tree preservation ordinance at a previous public hearing, after which the Planning Board had further discussion. She said the Plannning Board members did not want to eliminate the tree preservation standards altogether. The proposed language is staff’s attempt to make the ordinance more useful to the town and less challenging for developers. Campbell said staff also added provisions for replanting two trees for every large tree removed. She said the Hillsborough Tree Board provided useful feedback, which was incorporated into the proposed amendment. She said staff also researched tree preservation ordinances from several similarly sized North Carolina towns. The board members discussed Section 6.22.4, which describes the percentage of pre-development tree coverage developers would be required to maintain. Several board members said the language in that section is confusing, as it seems to require less tree preservation for lots that originally had more trees. Campbell explained the ordinance still would preserve more trees on such heavily forested lots than on lots with fewer pre-development trees. Schultz agreed and offered an example. Chandler noted town residents value preserving the town’s trees. Austin said the proposed language accomplishes that goal and suggested including a visual representation. Campbell agreed and said she would add some examples for the next meeting and graphics would be added to the final ordinance to better illustrate the proposed tree preservation requirements. JOINT PUBLIC HEARING MINUTES | 5 of 7 Bell said Section 6.22.2 on Page 22 of the agenda packet seems aimed at developers who might clear cut their land and then develop immediately in an effort to avoid tree preservation. He noted the Collins Ridge development had required heavy grading and clear cutting in order to make the development viable. Bell asked if the proposed amendment would address such developments. Campbell said the proposed language does not address sites like Collins Ridge where clear cutting and grading are needed to develop the site. Campbell and Hornik clarified the clear cutting at Collins Ridge was done as part of the development approval process, not to circumvent tree preservation requirements. Campbell confirmed the proposed language would require a 5-year waiting period on development for sites that have been clear-cut for profit. She said many jurisdictions have similar language. Hornik confirmed the clear cutting at Collins Ridge was done as part of the development of the property. Austin asked if the town had considered a tree preservation credit system, in which a site unable to maintain tree coverage could buy credits from a site with more than enough tree preservation. Hornik said he has heard of some stormwater or environmental regulation contexts that allow credits, but the town does not have such a system for trees. Weaver noted the proposed language prioritizes preserving screening trees. She said she understood the reasoning behind preserving screening trees but wondered if prioritizing screening could interfere with feelings of connectivity. She asked if the Tree Board members had feedback about screening trees. Campbell said the Tree Board members recommended using trees as buffers, noting buffers between uses can reduce light and noise from neighbors. Campbell said the ordinance already recommends using trees for general buffering. Austin said he very much enjoys the tree buffer between his house and the Waterstone development, noting the benefits to local wildlife. When asked, Campbell confirmed Section 6.22.7 would require developers to replace any removed tree 24 inches in diameter at breast height with two new trees 3 inches in diameter at breast height. Johnston asked if there were any other questions or concerns about Item 5C. None was raised. Hughes returned to Item 5A regarding allowing the Planning Director to issue emergency Certificates of Appropriateness. He said he understood staff wanting to get ahead of potential problems, but he noted other historic North Carolina towns do not have similar ordinances. Hughes said he felt hesitant about the proposed change. He noted that decisions of the Historic District Commission can be appealed to the Board of Adjustment, but in an emergency situation the Board of Adjustment likely would be unable to meet to hear an appeal as well. Hughes said such details should be flushed out. Campbell said the allowing the emergency minor works was recommended as a best practice and something to fall back on instead of folks having to be worried that they’ll get charged for doing things ‘after the fact’ during a state of emergency. She said she expects to see more jurisdictions enacting such ordinances in the future as a result of climate change and more extreme weather events occuring. Campbell agreed with Hughes regarding appeals, noting a resident might feel their situation is an emergency but staff might disagree. Hornik agreed. Hornik added that Hillsborough has not been afraid to be in the forefront regarding other legislation. Bell noted the ordinance recently was amended to send appeals to Historic District Commission decisions directly to superior court. Bell added that Certificates of Appropriateness issued during emergencies should be limited to true emergency situations. Campbell indicated that language would be added to strengthen this. JOINT PUBLIC HEARING MINUTES | 6 of 7 Hornik agreed and gave an example of removing a fallen tree leaning on a house. Austin said if a tree were leaning on someone’s house, he would hope that person would not need to go through layers of government to remove the tree. Campbell said staff could approve removing a tree that is causing imminent danger as a minor work, though in general the Historic District Commission must approve healthy tree removals. There were no further questions or comments. 6. Close the public hearing Campbell noted staff received no public comments regarding any of tonight’s agenda items. Motion: Ferguson moved to close the public hearing for this item. Bell seconded. Campbell called the roll for voting. Vote: 11-0. Ayes: Ayes: Commissioners Bell, English, Ferguson, Hughes and Lloyd; Planning Board members Austin, Chandler, Johnston, Polly, Schultz and Scott. Nays: None. 7. Updates A. Board of Adjustment Schultz said the Board of Adjustment had approved a request to modify a Special Use Permit for the Jones Avenue lots. B. Parks and Recreation Board Polly said she was unable to attend the most recent Parks and Recreation Board meeting but would attend for the first time next month. English also serves on Parks and Recreation board and volunteered to update the board members. He said the town’s sustainability consultants gave a presentation at the Jan. 18, 2022, meeting. He added the skate park committee is still reviewing possible skate park locations in town. C. Staff Campbell said staff has received a lot of inquiries about the town’s increased density for the Multi-Family zoning district. She said she is drafting some language for the proposed conditional zoning districts and hopes to have a draft ready for the Feb. 17, 2022, Planning Board meeting. She said staff recently updated the development page on the town’s website. She added the Technical Review Committee is reviewing two new projects: Tryon Investments Phase III, a flexible office space building off of Meadowlands Drive, and the Eno River Brewery, an adaptive reuse project near the Eno River Mill. 8. Adjournment Motion: Ferguson moved to adjourn the joint public hearing. Johnston adjourned the joint public hearing at 8:13 p.m. Respectfully submitted, Shannan Campbell JOINT PUBLIC HEARING MINUTES | 7 of 7 Planning and Economic Development Manager Staff support to the Planning Board Approved by Planning Board: February 17, 2022 Approved by Town Board: Minutes Board of Commissioners Remote regular meeting 7 p.m. Feb. 14, 2022 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: Assistant Town Manager and Community Services Director Margaret Hauth, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Finance Director Tiffany Long, Town Manager Eric Peterson, Utilities Director Marie Strandwitz and Public Space and Sustainability Manager Stephanie Trueblood 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 Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Commissioner Mark Bell seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Commissioners Bell, Robb English, Ferguson and Evelyn Lloyd. Nays: None. Absent: Commissioner Matt Hughes. 4.Presentations Proclamation in Honor of Black History Month 2022 The mayor read the proclamation. 5.Appointments A.Tree Board — Appointment of Mixon Nelson to fill vacancy for a term expiring Feb. 28, 2025 B.Tree Board — Appointment of Bridget Booher to fill vacancy for a term expiring Feb. 28, 2025 Motion: Ferguson moved to approve both appointments. Bell seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 12 DRAFT 6. Items for decision ― consent agenda A. Minutes 1. Regular meeting Jan. 10, 2022 2. Work session Jan. 24, 2022 B. Miscellaneous budget amendments and transfers Motion: Ferguson moved to approve all items on the consent agenda. English seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. 7. Items for decision ― regular agenda A. Cessation of town-made water and sewer service connections (taps) with town forces Utilities Director Marie Strandwitz gave an overview of the request, which was also available in the agenda packet. The request was to allow licensed contractors to tap into water and sewer lines rather than using town staff to make these connections. The request also included the implementation of a $100 fee to apply for permission to create new taps. The change in practice is expected to free staff time to concentrate on the core functions of operating and maintaining the existing water and sewer system and reduce the backlog of requests for new taps. Motion: Ferguson moved to approve recommendations. Lloyd seconded. Kimrey called the roll for voting. Vote: 4-0. Ayes: Bell, English, Ferguson and Lloyd. Nays: None. Absent: Hughes. B. Water and Sewer Advisory Committee (WSAC) rate structure thoughts and request to meet routinely Hughes joined the meeting at 7:28 p.m. The board discussed the request with the committee’s chair, Arthur Sprinczeles, and vice chair, Jenn Sykes. Motion: Ferguson moved to approve quarterly joint meetings. Bell seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. C. Utility pole attachments and decorative banners proposal Public Space and Sustainability Manager Stephanie Trueblood reviewed that Duke Energy allows banners that affix at the top and bottom and does not regulate content. She proposed ordering “Welcome to Hillsborough” banners in three themes: town branding colors, United States flag and Pride flag. Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 12 DRAFT After discussion, it was decided that the board would like to give more input before banners are purchased. D. Discussion of updated information about design of future train station Trueblood and Community Services Director Margaret Hauth reviewed that the North Carolina Department of Transportation requires 3,500 square feet for a train station building. The town can expect to use some of that space until NCDOT needs all of it. However, if the town would like to build a larger board meeting room and offices in the train station building, then the design will cost more. Staff requested the board approve an additional $80,000 to fund the design of a larger building. Trueblood also explained that the design of a net zero sustainable building would cost more than the design of a building that is as sustainable as possible within budget. The board had previously approved a design contract with Clearscape for $800,000. Motion: Hughes moved to authorize town manager to sign contract for design not to exceed $880,000 and to remove net zero from the scope. Ferguson seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. E. Discussion of commissioner-requested topics The board shared topics they would like to discuss at future meetings. Some topics were submitted to be included in the agenda packet and others were given during the discussion. Hauth noted the topics and will bring them to the board for prioritization at a future meeting. F. Hot topics for work session Feb. 28, 2022 At the Feb. 28 work session, the board is expecting to: • Receive a report from the Mayor’s Task Force on Re-imagining Public Safety. • Discuss options for email signatures and individual pages on the town website for the mayor and board. • Review the budget retreat agenda. 8. 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) Hauth reported the Town of Hillsborough had joined the Solarize the Triangle initiative, which is expected to result in bulk pricing for solar panels. More information will be available at a future meeting. 9. Adjournment Weaver adjourned the meeting at 10 p.m. Respectfully submitted, Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 12 DRAFT Sarah Kimrey Town Clerk Staff support to the Board of Commissioners Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 12 DRAFT PROCLAMATION In Honor of Black History Month 2022 WHEREAS, the Hillsborough Board of Commissioners takes pride in recognizing February 2022 as Black History Month, celebrating the many notable contributions that people of African descent have made to our community, state, and country; and WHEREAS, we recognize this year’s Black History Month theme of “Black Health and Wellness”; and WHEREAS, we acknowledge systemic racism has led to African Americans being more likely to die at an early age from all causes, more commonly misdiagnosed, and impacted by health inequities throughout the health care system that have traumatized the Black community; and WHEREAS, we now celebrate Black health and wellness, including the legacy of Black scholars, midwives, nurses, doctors, and practitioners of not only Western medicine, but all the other indigenous ways of promoting health and healing throughout the Black diaspora; and WHEREAS, our community has numerous contributors to this legacy, from the midwife Peggy Long Faribault who birthed the babies of Hillsborough for many years, to Dr. Kizzmekia Corbett, who was instrumental in developing the Moderna mNRA vaccine for the novel coronavirus, and many others; and WHEREAS, we uplift our community leaders, Black business owners, professionals and others who promote wellbeing and knowledge throughout the many facets of the Black community as part of our whole inclusive community; and WHEREAS, each Black individual has a unique mind, body, and soul, which deserves to be healthy, well, and treated with respect and empathy; and WHEREAS, today, we celebrate and affirm the importance of Black Health and Wellness to our community, throughout our state and the nation; and WHEREAS, The Town of Hillsborough is deeply committed to diversity, equity, and inclusion. This stance includes the cultural and racial affirmation of our community members who identify as Black or African American; and WHEREAS, The Town of Hillsborough strives to close the equity and outcome gaps for African Americans through policies and practices that reflect the experiences of African Americans, ensure greater access and opportunity and honor history, heritage, and contributions; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim February 2022 as Black History Month in the Town of Hillsborough. Proclamation #20220214-4.A Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 12 DRAFT IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 14th day of February in the year 2022. Jenn Weaver, Mayor Town of Hillsborough Proclamation #20220214-4.A Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 12 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 02/14/2022 TO 02/14/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 02/14/2022 400,000.00 -4,000.00To cover legal overage 24242 165,590.00EBRADFORD 02/14/2022 400,000.00 -1,859.00To cover tire balancer wheel lift 24243 163,731.00EBRADFORD 10-10-4100-5300-041 ATTORNEY FEES 02/14/2022 125,000.00 4,000.00To cover yr-end overage 24241 133,648.00EBRADFORD 10-20-5100-5300-145 MAINTENANCE - BUILDINGS 02/14/2022 38,163.00 9,600.00To move repair from Capital-Building & I 24233 47,763.00EBRADFORD 10-20-5100-5700-735 CAPITAL - BUILDINGS & IMPROVEMENTS 02/14/2022 59,000.00 -9,600.00To move repair to Maint-Building acct 24232 72,400.00EBRADFORD 10-30-5550-5300-080 TRAINING/CONF./CONV. 02/14/2022 2,000.00 -2,000.00To cover yr-end overage 24239 0.00EBRADFORD 10-30-5550-5300-310 GASOLINE 02/14/2022 1,980.00 2,590.00To cover yr-end overage 24238 4,570.00EBRADFORD 10-30-5550-5300-570 MISCELLANEOUS 02/14/2022 1,000.00 -590.00To cover yr-end overage 24240 0.00EBRADFORD 10-30-5550-5700-741 CAPITAL - EQUIPMENT 02/14/2022 6,000.00 1,859.00To cover tire balancer wheel lift 24244 16,280.00EBRADFORD 30-80-8120-5300-130 UTILITIES 02/14/2022 76,397.00 -10,000.00To cover increased chemical costs 24226 66,397.00EBRADFORD 30-80-8120-5300-145 MAINTENANCE - BUILDINGS 02/14/2022 6,000.00 9,600.00To replace HVAC 24230 34,466.00EBRADFORD 30-80-8120-5300-158 MAINTENANCE - EQUIPMENT 02/14/2022 120,240.00 -40,000.00To cover increased chemical costs 24227 234,467.38EBRADFORD 02/14/2022 120,240.00 -9,600.00To replace HVAC 24229 224,867.38EBRADFORD 30-80-8120-5300-323 SUPPLIES - CHEMICALS 02/14/2022 165,170.00 50,000.00To cover increased chemical costs 24228 215,170.00EBRADFORD 30-80-8220-5300-130 UTILITIES 02/14/2022 151,218.00 -11,200.00To cover equipment repairs 24235 136,518.00EBRADFORD 02/14/2022 151,218.00 -100.00To cover yr-end overage 24245 136,418.00EBRADFORD 30-80-8220-5300-164 MAINTENANCE - INSTRUMENTATION 02/14/2022 18,350.00 11,200.00To cover equipment repairs 24234 29,550.00EBRADFORD 30-80-8220-5300-458 DATA PROCESSING SERVICES 02/14/2022 740.00 100.00To cover yr-end overage 24246 840.00EBRADFORD 35-30-5900-5300-154 MAINTENANCE - GROUNDS 02/14/2022 18,384.00 6,800.00To complete biodock proj and compost bla 24237 25,184.00JDELLAVALL 35-30-5900-5300-165 MAINTENANCE - INFRASTRUCTURE 02/14/2022 165,262.00 -6,800.00To complete biodock proj and compost bla 24236 158,462.00JDELLAVALL 0.00 EBRADFORD 8:08:27AM02/08/2022 fl142r03 Page 1 of 1 GF- Contingency Governing Body Police Police Fleet Maintenance Fleet Maintenance Fleet Maintenance Fleet Maintenance WTP WTP WTP WTP WWTP WWTP WWTP Stormwater Stormwater Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 12 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 02/15/2022 TO 02/15/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 02/15/2022 400,000.00 -14,521.00To cover patrol vehicles 24251 149,210.00EBRADFORD 10-20-5100-5700-740 CAPITAL - VEHICLES 02/15/2022 70,000.00 14,521.00To cover patrol vehicles 24250 106,521.00EBRADFORD 0.00 EBRADFORD 3:27:13PM02/08/2022 fl142r03 Page 1 of 1 GF- Contingency Police APPROVED: 4/0 DATE: 2/14/22 VERIFIED: ___________________________________ Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 12 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 02/16/2022 TO 02/16/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 30-80-8140-5700-740 CAPITAL - VEHICLES 02/16/2022 65,000.00 7,500.00To cover Coll/Dist Trucks 24252 91,441.67EBRADFORD 30-80-8200-5700-740 CAPITAL - VEHICLES 02/16/2022 65,000.00 7,500.00To cover Coll/Dist Trucks 24253 91,441.67EBRADFORD 30-80-9990-5300-000 CONTINGENCY 02/16/2022 400,000.00 -15,000.00To cover Coll/Dist Trucks 24254 104,933.00EBRADFORD 0.00 EBRADFORD 4:50:19PM02/09/2022 fl142r03 Page 1 of 1 Water Distribution WW Collection Contingency APPROVED: 4/0 DATE: 2/14/22 VERIFIED: ___________________________________ Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 12 DRAFT ORDINANCE Amending Town Code Section 14-48, Appendix A-1, and the adopted FY2022 Fees and Charges Schedule The Hillsborough Board of Commissioners ordains: Section 1. Section 14-48 (a)(1) is hereby struck in its entirety and replaced with the following: (a)Water connections. (1)When an approval has been issued by the town for a connection to an existing water line and the fees have been paid, the customer shall hire a licensed utility contractor will make the water connection (tap) to the public water main in accordance with all town, state and plumbing regulation, code, and standards. (i)The water tapping shall be scheduled in advance of the work so that the town can observe the tapping in accordance with Section 14-52. No part of the work shall be covered up until the town or its designee approves the tap, which shall be made to current town standards and specifications. (ii)The town shall retain the right to require exposure of any part of the work that was covered before observation and will become part of the town’s responsibility at no cost to the town. (iii)Restoration of the site disturbances to make the connection shall be responsibility of the customer, including roadways, sidewalks, curbs, and earth. Roadways, sidewalks, curbs, and other features within right of way or easement areas shall be restored in accordance with the specifications of the owner of such features. (iv)Under special sanitary circumstances, such as a failed potable water well, within the town’s service area where public water is available to a parcel per Sec. 14-44 and where no repair or replacement alternative of the existing system exists as confirmed by the local health department, the town will assist with tapping the main and the applicant or owner will be charged for actual costs (labor, equipment, materials) for the work. (v)Should the town otherwise agree to make a water connection, it shall be at full cost (labor, equipment, and materials) including site restoration. Section 2. Section 14-48 (b)(1) is hereby struck in its entirety and replaced with the following: (b)Sewer connections. (1)When an approval has been issued by the town for a connection to an existing sewer line, and the fees have been paid, a licensed utility contractor will make the sewer connection (tap) to the public sewer main in accordance with applicable town, state and plumbing regulation, code, and standards. (i)The sewer tapping shall be scheduled in advance of the work so that the town can observe the tapping pursuant to Section 14-52. No part of the work shall be Ordinance #20220214-7.A Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 12 DRAFT covered up until the town or its designee approves the tap, which shall be made to current town standards and specifications. (ii) The town shall retain the right to require exposure of any part of the work that was covered before observation and will become part of the town’s responsibility at no cost to the town. (iii) Restoration of the site disturbances to make the connection shall be responsibility of the customer, including roadways, sidewalks, curbs, and earth. Roadways, sidewalks, curbs, and other features within right of way or easement areas shall be restored in accordance with the specifications of the owner of such features. (iv) Under special sanitary circumstances, such as a failed onsite waste disposal system, within the town’s service area where public sewer is available to a parcel per Sec. 14-44 and where no repair or replacement alternative of the existing system exists as confirmed by the local health department, the town will assist with tapping the main and the customer will be charged for actual costs (labor, equipment, materials) for the work. (v) Should the town otherwise agree to make a sewer connection, it shall be at full cost (labor, equipment, and materials) including site restoration. (vi) A cleanout shall be installed on the customer's property at the property line or edge of easement boundary to delineate service responsibility between the customer and town. Failure to install a cleanout will result in the customer being responsible for the sewer service all the way to the public main, including the wye or tee fitting. Section 3. Table A-1 Item 3 is hereby struck in its entirety and replaced with the following: 3. Water Service (Tap) This includes connecting a water lateral to the water main, extending the lateral to the property line, and placing the meter box. It also includes any necessary boring under the street pavement or, alternatively, cutting any curbs, sidewalks or pavement and restoring it afterwards. The town will make water taps only under extenuating sanitary situations or otherwise as agreed upon as resources permit. These will be performed under full cost recovery and the town may require a deposit prior to performing the work. Section 4. Table A-1 Item 7 is hereby struck in its entirety and replaced with the following: 7. Sewer Lateral (Tap) This includes connecting a sewer lateral to the sewer main, extending the lateral to the property line, and placing a cleanout. It may include any necessary boring under the street pavement or, alternatively, cutting any curbs, sidewalks or pavement and restoring it afterwards. The town will make sewer taps only under extenuating sanitary situations or otherwise as agreed upon as resources permit. These will be performed under full cost recovery and the town may require a deposit prior to performing the work. Section 5. The currently adopted Fees and Charges Schedule for FY 2022 Operating and Capital Budget pertaining to water and sewer lateral fees is hereby amended to read as follows under both water and sewer connection charge sections: Ordinance #20220214-7.A Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 12 DRAFT Lateral Fee: Licensed utilities contractors shall make all connections to the public main under town approval, observation and specification unless otherwise agreed upon to be made with town forces. In which case, the fee will be the actual cost of making the physical connection and restoring disturbed area. An approval fee of $100 will be charged which includes observation of the work. A deposit may be required prior to performing any work. Section 6. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 7. 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 14th day of February in 2022. Ayes: 4 Noes: 0 Absent or excused: 1 Sarah E. Kimrey, Town Clerk Ordinance #20220214-7.A Feb. 14, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 12 DRAFT Minutes BOARD OF COMMISSIONERS Remote work session 7 p.m. Feb. 28, 2022 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: Human Resources Manager Haley Bizzell, Budget Director Emily Bradford, Administrative Services Director Jen Della Valle, Police Chief Duane Hampton, Assistant Town Manager and Community Services Director Margaret Hauth, Town Attorney Kevin Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Finance Director Tiffany Long, Town Manager Eric Peterson, Utilities Director Marie Strandwitz and Communications Manager Catherine Wright 1.Opening of the work session 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. 2.Agenda changes and approval Motion: Commissioner Kathleen Ferguson moved to approve agenda as presented. Commissioner Evelyn Lloyd seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Commissioners Mark Bell, Robb English, Ferguson, Matt Hughes and Lloyd. Nays: None. 3.Items for decision ― consent agenda A.Miscellaneous budget amendments and transfers B.Acceptance of water main and sewer laterals from Odie Street Habitat Project Motion: Ferguson moved to approve all items on the consent agenda. Lloyd seconded. Kimrey called the roll for voting. Vote: 5-0. Ayes: Bell, English, Ferguson, Hughes and Lloyd. Nays: None. 4.In-depth discussion and topics A.Recommendations from Mayor’s Task Force on Re-imagining Public Safety The mayor thanked the task force members, police chief and former police management analyst/current human resources analyst on their work related to the task force and recommendations. She recapped the history behind the task force and introduced two principles to keep in mind during the discussion: to keep shared interests of a safe Hillsborough rather than individual positions at the forefront and to be deliberate in the process, taking as many meetings as needed to complete the review and plans for action on the recommendations. Weaver stated the task force members were asked to imagine what they would like to see Feb. 28, 2022 Board of Commissioners Work Session Approved: ____________________ Page 1 of 6 DRAFT in Hillsborough with no constraints, knowing that there could be legal or financial implications that would prevent implementation of the recommendations. She also noted that no public comment would be received this evening as public comments are not taken during board work sessions, but the public would have an opportunity to comment at a future time and that community members also may contact the board at any time. Police Chief Duane Hampton thanked the task force for the work put in. He noted the complex issues before the board, the need to find the right fit for Hillsborough, and the need to determine what the issues are and what is being solved. He reminded the board that the town has a very good police department with strong structures and systems. He noted that generally all actions taken by Hillsborough officers are done to have a positive effect on lives but that policing is not a positive experience by nature, with few people happy to see law enforcement. He said policing requires very young men and women to balance a lot of responsibility. He said Hillsborough officers are innovative and have led the way in many areas and stated he is proud of what they have accomplished. He suggested determining priority areas for additional discussion. The town board started discussion on the task force’s recommendations for the Police Department and went through the first two sets of recommendations on mental health crisis response and traffic stops. Mental health crisis response recommendations Board members were supportive of the spirit of the mental health crisis response recommendations, realizing that people in mental health crisis do need help and that the system broadly does not meet their needs. However, it was determined that the town does not have the resources or capacity to address these issues on its own but is interested in working with others and thinking creatively about how to meet mental health crisis needs. Traffic stop recommendations Regarding Recommendation 1 to expand the current traffic stop reporting data set to include all significant citizen interactions, it was determined that the Police Department has some action items it is working on to address these, including a quarterly reporting system to be made available to the public. Given the opportunity, the board also will engage with task force members to find out exactly what information they want to see. The mayor had noted that many task force members were not aware of the reporting that the Police Department already does, such as community summits and monthly reports in the meeting packets for the town board. Part of the solution is to think more about how to effectively communicate the information, she said. Regarding Recommendation 2 on not making traffic stops as a pretext for suspect criminal behavior and on limiting investigation to the reason for the stop, the police chief noted it is hard to tell an officer to not look any further in a traffic stop because an officer’s job is to look for clues. It was determined that the department will continue to monitor and review officer performance internally and to review any complaints received regarding inappropriate use of authority. The board began discussing Recommendation 4 before starting Recommendation 3. Regarding Recommendation 4 on implementing the use of a written consent card, there was support for implementing one. Regarding Recommendation 3 on ceasing low level, regulatory traffic stops, there was support for the five action items listed in the police chief’s response. These include putting emphasis on enforcement of safety- related and moving violations over non-moving violations and monitoring trends and resulting data across the country. Feb. 28, 2022 Board of Commissioners Work Session Approved: ____________________ Page 2 of 6 DRAFT Regarding Recommendation 5 on helping provide assistance for fixing minor vehicle maintenance issues and for paying registration and insurance renewals, it was noted that the Orange County Criminal Justice Debt Program cited in the recommendation provides support for court costs and not the items listed in the recommendation. There was discussion about adding a proposal for support of the debt program to the upcoming budget process; seeking a legal answer on what type of assistance the town could provide; looking into potential partnerships with local repair shops to fix minor vehicle issues for Hillsborough residents; and considering alternative options that may provide help to more people. Regarding Recommendation 6 on ceasing regulatory checkpoints, there was support for allowing the Police Department to continue to have the option to use checkpoints sparingly. The mayor noted much was accomplished and the determined action items reflect the spirit of the recommendations. She said a date for continuing the discussion would be determined with staff. B. Discussion of Email Signatures and Individual Webpages for Mayor and Commissioners Communications Manager Catherine Wright led discussion of this item. The board opted for email signatures that include a referral link to individual webpages on the town website, with the link provided before the signature’s disclaimer statement. The board also opted for individual webpages that include a biography written in the third person as well as a bulleted listing of areas of personal focus. C. Review of Fiscal Years 2023-25 Budget Retreat Agenda Budget Director Emily Bradford walked the board through the draft agenda for the retreat to take place March 21, which is planned to be virtual and limited to 2.5 hours. She noted April 4 is reserved for an additional retreat if needed. Bradford said Community Survey results are expected to be provided prior to the retreat to help inform budget discussions. The budget director said the overview of the financial picture will include fund balance projections and the impact over fiscal years 2023-2025. Assumptions on property tax and water and sewer rates will be included. For the discussion of budget requests, the board will receive a page of the notable budget requests with a brief description of each and whether they have been included in bottom line budget numbers. Discussion topics will include a request for adding an assistant finance director position, with the position possibly filled before July 1, as well as affordable housing. Bradford noted staff will want direction on a request for funding related to affordable housing. Board members were supportive of the agenda. 5. Other business There was none. 6. Committee updates and reports Board members gave updates on the committees and boards on which they serve. 7. Adjournment Mayor Weaver adjourned the work session at 10:47 p.m. Respectfully submitted, Feb. 28, 2022 Board of Commissioners Work Session Approved: ____________________ Page 3 of 6 DRAFT Sarah Kimrey Town Clerk Staff support to the Board of Commissioners Feb. 28, 2022 Board of Commissioners Work Session Approved: ____________________ Page 4 of 6 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 02/28/2022 TO 02/28/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 02/28/2022 400,000.00 -11,375.00To cover Audit overage 24273 137,835.00EBRADFORD 10-10-4100-5300-040 AUDIT FEES 02/28/2022 85,500.00 11,375.00To cover account overage 24272 96,875.00EBRADFORD 10-10-4200-5100-010 OVERTIME COMPENSATION 02/28/2022 1,000.00 1,000.00To cover account overage 24274 2,000.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 02/28/2022 40,448.00 -1,359.00To cover account overage 24277 60,534.00EBRADFORD 10-10-4200-5300-581 RECOGNITION PAY 02/28/2022 0.00 359.00To cover account overage 24276 16,559.00EBRADFORD 10-10-4400-5100-010 OVERTIME COMPENSATION 02/28/2022 700.00 5,000.00To cover account overage 24278 5,700.00EBRADFORD 10-10-4400-5300-458 DATA PROCESSING SERVICES 02/28/2022 103,498.00 -5,000.00To cover account overage 24279 104,348.00EBRADFORD 10-10-6300-5100-010 OVERTIME COMPENSATION 02/28/2022 250.00 250.00To cover account overage 24280 500.00EBRADFORD 10-10-6300-5300-570 MISCELLANEOUS 02/28/2022 7,000.00 -250.00To cover account overage 24281 3,285.00EBRADFORD 10-20-5100-5300-113 LICENSE FEES 02/28/2022 21,282.00 150.00To cover overage 24267 21,432.00EBRADFORD 10-20-5100-5300-320 SUPPLIES - OFFICE 02/28/2022 5,000.00 -150.00To cover overage 24268 4,850.00EBRADFORD 10-30-5600-5100-010 OVERTIME COMPENSATION 02/28/2022 1,000.00 1,000.00To cover account overage 24282 2,000.00EBRADFORD 10-30-5600-5300-330 SUPPLIES - DEPARTMENTAL 02/28/2022 31,800.00 -1,000.00To cover account overage 24052 30,800.00EBRADFORD 10-30-5800-5100-010 OVERTIME COMPENSATION 02/28/2022 2,000.00 6,675.00To cover account overage 24284 8,675.00EBRADFORD 10-30-5800-5400-910 DEBT SERVICE 02/28/2022 81,659.00 -6,675.00To cover account overage 24283 74,984.00EBRADFORD 30-80-8140-5300-145 MAINTENANCE - BUILDINGS 02/28/2022 6,000.00 1,220.00To cover keyless entry 24270 7,220.00EBRADFORD 30-80-8140-5300-330 SUPPLIES - DEPARTMENTAL 02/28/2022 100,000.00 -47.00To cover overages 24257 99,207.00EBRADFORD 02/28/2022 100,000.00 -257.00To cover overages 24261 98,950.00EBRADFORD 02/28/2022 100,000.00 -99.00To cover overage 24266 98,851.00EBRADFORD 30-80-8140-5300-331 SUPPLIES - SAFETY 02/28/2022 1,500.00 47.00To cover overages 24258 1,547.00EBRADFORD 02/28/2022 1,500.00 99.00To cover overage 24265 1,646.00EBRADFORD 30-80-8140-5300-350 UNIFORMS 02/28/2022 4,100.00 257.00To cover overages 24262 5,107.00EBRADFORD 30-80-8140-5300-490 C.S./ALARM 02/28/2022 1,600.00 -1,220.00To cover keyless entry 24269 380.00EBRADFORD EBRADFORD 3:43:49PM02/21/2022 fl142r03 Page 1 of 2 GF- Contingency Governing Body Admin. Admin. Admin. Accounting Accounting Public Space Public Space Police Police Streets Streets Solid Waste Solid Waste Water Distribution Water Distribution Water Distribution Water Distribution Water Distribution Feb. 28, 2022 Board of Commissioners Work Session Approved: ____________________ Page 5 of 6 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 02/28/2022 TO 02/28/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 30-80-8200-5300-330 SUPPLIES - DEPARTMENTAL 02/28/2022 60,000.00 -47.00To cover overages 24259 59,203.00EBRADFORD 02/28/2022 60,000.00 -257.00To cover overages 24263 58,946.00EBRADFORD 30-80-8200-5300-331 SUPPLIES - SAFETY 02/28/2022 1,200.00 47.00To cover overages 24260 1,247.00EBRADFORD 30-80-8200-5300-350 UNIFORMS 02/28/2022 4,100.00 257.00To cover overages 24264 5,107.00EBRADFORD 30-80-8220-5300-130 UTILITIES 02/28/2022 151,218.00 -100.00To cover overages 24255 136,318.00EBRADFORD 30-80-8220-5300-458 DATA PROCESSING SERVICES 02/28/2022 740.00 100.00To cover overages 24256 940.00EBRADFORD 0.00 EBRADFORD 3:43:49PM02/21/2022 fl142r03 Page 2 of 2 WW Collection WW Collection WW Collection WWTP WWTP APPROVED: 5/0 DATE: 2/28/22 VERIFIED: ___________________________________ Feb. 28, 2022 Board of Commissioners Work Session Approved: ____________________ Page 6 of 6 DRAFT AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Administrative Services Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: Miscellaneous budget amendments and transfers Attachments: Budget Changes Detail Report Brief summary: To adjust budgeted revenues and expenditures, where needed, due to changes that have occurred since budget adoption. Action requested: Consider approving budget amendments and transfers. ISSUE OVERVIEW Background information and issue summary: N/A Financial impacts: As indicated by each budget amendment. Staff recommendation and comments: To approve the attached list of budget amendments. For clerk’s use AGENDA ITEM: 6.B Consent agenda Regular agenda Closed session BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 03/14/2022 TO 03/14/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 03/14/2022 400,000.00 -400.00To cover email signature license fee 24291 137,435.00EBRADFORD 03/14/2022 400,000.00 -3,451.00To cover legal expenses 24293 133,984.00EBRADFORD 10-10-4100-5300-041 ATTORNEY FEES 03/14/2022 125,000.00 3,451.00To cover legal expenses 24292 137,099.00EBRADFORD 10-10-5000-5300-110 TELEPHONE/INTERNET 03/14/2022 0.00 280.00To cover phone stipend 24289 280.00EBRADFORD 10-10-6300-5300-110 TELEPHONE/INTERNET 03/14/2022 1,512.00 140.00To cover phone stipend 24287 1,652.00EBRADFORD 10-10-6300-5300-570 MISCELLANEOUS 03/14/2022 7,000.00 -560.00To cover phone stipend 24288 2,725.00EBRADFORD 10-10-6610-5300-113 LICENSE FEES 03/14/2022 75,650.00 400.00To cover email signature license fee 24290 76,050.00EBRADFORD 10-30-5800-5300-110 TELEPHONE/INTERNET 03/14/2022 2,280.00 140.00To cover phone stipend 24285 2,420.00EBRADFORD 10-30-5800-5300-410 C.S./ROLLOUT CONTAINER 03/14/2022 8,500.00 550.00To cover rollout containers 24295 25,050.00EBRADFORD 10-30-5800-5300-414 C.S./COMM.DUMP.COLL. 03/14/2022 800.00 -550.00To cover rollout containers 24294 250.00EBRADFORD 0.00 EBRADFORD 1:45:22PM03/07/2022 fl142r03 Page 1 of 1 GF- Contingency Governing Body Town Hall Campus Public Space Public Space IT Solid Waste Solid Waste Solid Waste BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 03/15/2022 TO 03/15/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 03/15/2022 400,000.00 -5,800.00To cover Agenda Mgmt Software 24297 128,184.00EBRADFORD 10-10-4200-5300-458 DATA PROCESSING SERVICES 03/15/2022 40,171.00 5,800.00To cover Agenda Mgmt Software 24296 45,971.00EBRADFORD 10-10-6300-5300-110 TELEPHONE/INTERNET 03/15/2022 1,512.00 192.00To cover cell phone stipend 24298 1,844.00EBRADFORD 10-10-6300-5300-570 MISCELLANEOUS 03/15/2022 7,000.00 -480.00To cover cell phone stipend 24299 2,245.00EBRADFORD 10-30-5600-5300-110 TELEPHONE/INTERNET 03/15/2022 1,448.00 288.00To cover cell phone stipend 24301 1,946.00EBRADFORD 0.00 EBRADFORD 4:56:02PM03/08/2022 fl142r03 Page 1 of 1 GF- Contingency Admin. Public Space Public Space Streets AGENDA ABSTRACT | 1 of 2 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning Public hearing: Yes Date of public hearing: Jan. 20, 2022 PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning & Economic Development Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance amending Section 3.12 of the Unified Development Ordinance – Adding 3.12.14 Emergency Administrative Certificates of Appropriateness Attachments: 1. Draft consistency statement 2. Draft amending ordinance Brief summary: At the January joint public hearing the boards discussed a consistency statement and ordinance to amend the Unified Development Ordinance to allow for limited scope Certificates of Appropriateness to be issued by staff during a state of emergency when the Historic District Commission cannot meet remotely or in person. There were no public comments on the proposed amendment. There were concerns from both boards on the scope of what kind of COA’s could be issued by staff and desired clarity in the language to make it clear that the intent is to only allow work to be done if needed due to the state of emergency, such as property damage due to natural disasters. Additional clarifying language was added to strengthen the ordinance. The Planning Board recommended adoption at the February meeting and had some additional discussion. Action requested: Adopt the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background information and issue summary: There was conversation on this item at the joint public hearing and questions regarding the necessity of the provisions. That conversation is captured in the Jan. 20, 2022 joint public hearing minutes included as part of this agenda packet. There was some additional discussion by the Planning Board at their Feb. 17, 2022 meeting and the draft minutes from that meeting are below: A. Unified Development Ordinance: Text amendments – Section 3.12.14 to add emergency Certificate of Appropriateness language to the Unified Development Ordinance Casadonte introduced Item 5A. For clerk’s use AGENDA ITEM: 6.C Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 2 of 2 Campbell summarized the staff report. She said concerns were voiced at the Jan. 20, 2022, joint public hearing regarding the potential for Certificate of Appropriateness applications to be approved inappropriately during a state of emergency. Campbell said she edited the proposed language to further clarify that only work needing to be done because of the state of emergency would be approved under the emergency provision. She added that the town planning director would approve or deny any emergency Certificates of Appropriateness in writing. She said if the work could not adequately be demonstrated as emergency in nature, the planning director would have authority to hold any applications for a Historic District Commission meeting. Casadonte summarized that no large projects would be approved under the proposed emergency provision. Campbell nodded agreement. Casadonte summarized that either the planning director or their designee would have authority to approve emergency Certificates of Appropriateness and the scope of what could be approved would be fairly limited. Casadonte asked for the board members’ thoughts, questions or concerns. Salvi asked if the Historic District Commission could revoke a Certificate of Appropriateness if an applicant was dishonest or made the approved repairs in a way that was not approved. Casadonte and Campbell confirmed the town has procedures for dealing with violations. Campbell explained the town would issue a notice of violation to any property owners or applicants who do unapproved work. Campbell offered an example involving patching a slate roof with shingles because slate wasn’t available in an emergency and roof needed to be fixed due to damage from a fallen tree. Salvi asked if such a homeowner might be required to patch the slate roof temporarily with shingles but then repair the roof with slate after the emergency had passed. Campbell said that would be a good question for the Historic District Commission on their expectations in a similar situation. When asked, Campbell confirmed the town already has a way for people to fix problems quickly between Historic District Commission meetings if the problem affects life, health or safety. She clarified the proposed language would address a major emergency situation in which the Historic District Commission cannot meet in person or remotely for several months. She said the COVID-19 pandemic caught the town off guard, noting meetings were impossible during the beginning of the pandemic until remote technology was implemented. She said the pandemic prompted the town to consider what might happen if Internet were not available. Casadonte noted that most applications could wait until the emergency had passed. He said most emergency Certificate of Appropriateness applications likely would involve securing properties from further damage. There were no further comments or questions. Motion: Schultz moved to recommend the text amendment to the town board as proposed. Taylor seconded. Campbell called the roll for voting. Vote: 6-0. Ayes: Austin, Casadonte, Schultz, Salvi, Scott and Taylor. Nays: None. Financial impacts: N/A Staff recommendation and comments: Recommend approval as written. Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of Planning staff to amend the Town of Hillsborough Unified Development Ordinance as follows: Amend Section 3.12, Certificate of Appropriateness, to add an additional subsection 3.12.14 Emergency Administrative Certificates of Appropriateness. 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): There are limited options available for Staff to be able to issue Certificates of Appropriateness during a state of emergency if the state of emergency prevents the Historic District Commission from being able to meet, remotely or in person. Allowing for limited scope COA’s to be able to be issued quickly strengthens the town’s ability to respond to emergency situations. These amendments are consistent with Vision 2030 goal of enhancing the responsive communication between citizens and government. Adopted by the Town of Hillsborough Board of Commissioners this 14th day of March 2022. _____________ _________ Sarah E. Kimrey, Town Clerk ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE Amending Section 3.12 of the Unified Development Ordinance The Hillsborough Board of Commissioners ordains: Section 1. The Unified Development Ordinance Section 3.12, Certificate of Appropriateness, is hereby amended to add an additional subsection 3.12.14 Emergency Administrative Certificates of Appropriateness: 3.12.14 Emergency Administrative Certificates of Appropriateness When a State of Emergency applicable to the Town of Hillsborough is declared pursuant to G.S. Chapter 166A Article 1A Part 4, the Planning Director (or their designee) is authorized to issue Emergency Administrative Certificates of Appropriateness. Such authority shall begin upon said declaration and end upon the recission of the State of Emergency by the declarant, subject to the provisions and limitations contained herein. The intent of this emergency authority is to ensure that, to the extent practical, works necessitated by the effects of a disaster are performed in a manner that is consistent with the spirit of this Ordinance and the Historic District Design Standards. 3.12.14.1 The Planning Director’s authority to issue Emergency Certificates of Appropriateness shall be subject to the following: 3.12.14.1.a The conditions that have caused the declaration of the State of Emergency are preventing the Historic District Commission from meeting, either in-person or remotely pursuant to G.S. 166A-19.24, to establish a quorum and conduct business, and such conditions are anticipated to exist for at least 48 hours following the declaration of the State of Emergency. 3.12.14.1.b During the period of the declared State of Emergency, all work except for those specified below, shall be deemed Minor Works if it is needed to be done due to the state of emergency, and shall be eligible for the issuance of an Administrative Emergency Certificate of Appropriateness. (A) The demolition of a contributing structure, or any portion of a contributing structure, unless the Building Inspector, Fire Marshal, or other qualified person determines that the demolition is necessary to ensure public safety. (B) The relocation of a contributing structure unless such relocation is undertaken to preserve the structure’s integrity by removing from a hazardous situation. Any authorized relocation shall be subject to recission, and the structure shall be returned to its previous location upon a finding by the Historic District Commission that the hazardous condition no longer exists, and the relocation is feasible. (C) The permanent expansion, enlargement, or other modification of a contributing structure that increases its height or floor area, or which materially alters its layout or massing for a purpose other than ensuring the safety, stability, and/or integrity of the structure. (D) The permanent removal or alteration of any distinctive architectural feature or ornamentation from a contributing structure, unless deemed to be a hazard to the public or to the integrity of the structure. (E) The removal of any tree that is otherwise subject to regulation by this Ordinance unless the removal of said tree is necessary to ensure public safety. (F) The grading, filling, or excavation of a lot, except where such work is necessary to preserve life or property due to damage incurred during the event that caused the declaration of the State of Emergency. 3.12.14.1.c The Planning Director shall approve or deny all Emergency Certificates of Appropriateness in writing and shall have the authority to hold any application for future consideration by the Historic District Commission if the work in question cannot be adequately demonstrated to be emergency in nature, provided that such applications may not be held for more than 180 days, as specified in G.S. 160D-947(d). 3.12.14.2 During the period when Emergency Administrative Certificates of Appropriateness are authorized, applicants shall continue to comply, to the maximum extent practical, with the standards for the submission of applications for Certificates of Appropriateness. When circumstances do not allow for the submission of all required materials, the Planning Director is authorized to deem any application complete, provided that, at a minimum, an attempt is made to visually document the current condition of the structure, the proposed work is described in sufficient detail to determine its nature and extent, and the finished work is inspected following its completion for compliance with the authorization granted by the Emergency Certificate of Appropriateness. 3.12.14.3 The Planning Director’s authority granted under this Section shall be immediately extinguished upon notice from the Chair of the Historic Commission that a Special Meeting has been called and the attendance of a quorum of the members of the Commission are expected to gather, either in- person or remotely pursuant to G.S. 166A-19.24. 3.12.14.4 At the first regular meeting of the Historic District Commission following the end of the State of Emergency, the Planning Director shall provide the members of the Commission with a summary report and copy of all applications and Certificates of Appropriateness issued under the temporary emergency authority. 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 14th day of March in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 3 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning Public hearing: Yes Date of public hearing: Jan. 20, 2022 PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning & Economic Development Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance amending Section 6.22 of the Unified Development Ordinance – Tree Preservation Attachments: 1. Draft consistency statement 2. Draft amending ordinance Brief summary: This item was initially heard at the October joint Public Hearing. The staff recommendation initially was to remove the Tree Preservation Ordinance to allow for greater development flexibility, particularly on heavily wooded and small lots, without waivers available. After more consideration the Planning Board decided at the November meeting that they’d rather revise and update the current Tree Preservation Ordinance to reduce the overall required tree preservation area, add stronger provisions for the replanting of canopy trees that have to be removed due to development, and add provisions to discourage clear cutting prior to development to circumvent the tree preservation ordinance. The item went to public hearing again at the January joint public hearing. There were no public comments on the proposed amendment. The Planning Board recommended adoption at the February meeting, with a new member wanting to table the item for some additional time to review and discuss what the amendments might look like and review more visual examples of tree preservation. Action requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background information and issue summary: There was conversation on this item at the joint public hearing. That conversation is captured in the Jan. 20, 2022 joint public hearing minutes included as part of this agenda packet. There was some additional discussion by the Planning Board at their Feb. 17, 2022 meeting and the draft minutes from that meeting are below: A. Unified Development Ordinance: Text amendments – Section 6.22 to modify tree preservation language For clerk’s use AGENDA ITEM: 6.D Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 2 of 3 Casadonte introduced Item 5C. Regarding the proposed language in the agenda packet, Campbell clarified language to be deleted is struck through, while new language is in red. She said nothing in the proposed language had been changed since the Jan. 20, 2022, public hearing. Campbell summarized the staff report. She said there were questions at the public hearing about the language in Section 6.22.4 on Page 22 of the agenda packet. Campbell summarized the confusion was around the language seeming to require less tree preservation on lots that originally have more trees. She referred the board members to the examples provided in the agenda packet and briefly explained some of the examples. She said including visual examples also could be helpful and would be something to build into the ordinance as examples. Campbell noted the proposed language included the feedback from the Hillsborough Tree Board and drew on research from other municipalities’ tree preservation ordinances. She said there is no one right answer to tree preservation, which varies from community to community based on what feels right to each community’s residents. When asked, Campbell explained the existing example graphics currently in the ordinance do not match the proposed new language. She briefly explained that the town no longer allows developers to ask for waivers from ordinance requirements that they cannot meet. She referred the board members to the examples on Page 28 of the agenda packet. She said the town recently eliminated waivers because many developers used them as a way to cut costs or avoid meeting the town’s requirements. Campbell explained the tree preservation ordinance is one section that many developers legitimately could not meet, and without the proposed changes many lots will be undevelopable without the ability to ask for waivers. The proposed new language would reduce the amount of tree preservation required and would make the ordinance work for most developing properties. She gave a brief history of the proposed text amendment’s evolution. Campbell said the current task is fine-tuning how much tree preservation to require. Casadonte asked for clarification regarding the examples on Page 19 of the agenda packet. Campbell explained the proposed language would require a developer to keep 8% of the tree coverage from a 2-acre lot that was 90% covered with trees before development. When asked, Campbell explained the proposed language in Section 6.22.2 incorporates the Tree Board’s suggestion that developers be required to wait five years after logging a property before developing it. Campbell explained the provision would prohibit developers from logging a property to avoid preserving the trees. Austin asked how staff arrived at the proposed tree preservation percentages. Campbell explained staff based the recommended percentages on actual waivers requests made during the last five to six years. She confirmed the proposed percentages are in line with what developers requested during that time. She said the board members also could decide to require more or less tree protection than has been granted in recent years. Austin said the board members should ask themselves if they are comfortable maintaining the amount of tree protection they have seen in recent years. Salvi expressed concern that replanted trees would never grow as large as trees growing naturally in a forest. Salvi said replanted trees likely would only grow half the size they could grow in a forest due to development around their roots. Campbell agreed with Salvi. She distinguished the ordinance section about preserving tree canopy from the section about replacing canopy trees. Regarding the latter section, Campbell said staff recommended requiring AGENDA ABSTRACT | 3 of 3 developers to replace any larger canopy trees with two large replacement trees from a nursery. She acknowledged the replacement trees still would not grow as large as the original tree being taken down. Salvi said she would need to see visual examples of the proposed tree preservation percentages before she could decide whether she finds them acceptable. Campbell agreed she could find visual examples for the board members. Salvi proposed tabling Item 5C until Campbell could provide visual examples and until a larger number of board members are present, noting tree preservation is an important issue. Austin disagreed, saying he feels comfortable with the proposed wording because it is based on historical data and aligned with approved tree preservation percentages from the past several years. Austin said the proposed numbers make sense if members like the town’s current amounts of tree preservation. He added the numbers could be adjusted in the future if necessary, but he did not think a percentage here or there would make much difference. Schultz agreed with Austin, noting the board members already have discussed the proposed tree preservation changes several times. Motion: Austin moved to recommend the text amendment to the town board as proposed. Schultz seconded. Campbell called the roll for voting. Vote: 5-1. Ayes: Austin, Casadonte, Schultz, Scott and Taylor. Nays: Salvi. Financial impacts: N/A Staff recommendation and comments: Recommend approval as written. Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of Planning staff to amend the Town of Hillsborough Unified Development Ordinance as follows: Amend Section 6.22 to modify tree preservation language to allow for more flexibility and require tree replanting for the needed removal of canopy trees. 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): Tree preservation is an important part of maintaining a healthy urban forest environment and sense of place, but that comes with balancing the needs of developing available parcels. These amendments aim to balance those two needs. These amendments are consistent with Vision 2030 goals of conserving natural and environmental resources and ensuring that future development is compatible with the special character of Hillsborough by aligning the development regulations. Adopted by the Town of Hillsborough Board of Commissioners this 14th day of March 2022. _________________________________________ Sarah E. Kimrey, Town Clerk ORDINANCE NUMBER: 20220314-X.X ORDINANCE Amending Section 6.22 of the Unified Development Ordinance The Hillsborough Board of Commissioners ordains: Section 1. The Unified Development Ordinance Section 6.22, Tree Preservation is hereby amended to delete the following text shown as red strikethrough, add the following text in red italics, and renumber the following text in blue: 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 14th day of March in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning Public hearing: Yes Date of public hearing: Jan. 20, 2022 PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning & Economic Development Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance amending Section 6.17 and Section 6.20 of the Unified Development Ordinance – Sideways, Walkways, and Streets Attachments: 1. Draft consistency statement 2. Draft amending ordinance Brief summary: At the January joint public hearing the boards discussed a consistency statement and ordinance to amend the Unified Development Ordinance to provide additional clarity on when and where public vs. private roads are permissible and strengthen ordinance language that requires that sidewalks be constructed as part of new developments on public streets and commercial/multi-family private streets. There were no public comments on the proposed amendment. There was limited conversation at the public hearing amongst board members. There was limited additional conversation from the Planning Board at their February meeting. Action requested: Adopt the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background information and issue summary: There was limited conversation on this at the public hearing amongst board members. There was limited additional conversation from the Planning Board at their February meeting, and they voted 6-0 to recommend approval by the town board. The general consensus was that being clearer that the community desires sidewalks and connectivity from new development is a positive thing. Financial impacts: N/A Staff recommendation and comments: Recommend approval as written. For clerk’s use AGENDA ITEM: 6.E Consent agenda Regular agenda Closed session Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of Planning staff to amend the Town of Hillsborough Unified Development Ordinance as follows: Amend Section 6.20 Streets and Section 6.17 Sidewalks and Walkways to be clearer about the Town’s expectations for the construction of public and private streets and sidewalks for new developments to create better connectivity. 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): These amendments are consistent with Vision 2030 goal of improving community connectivity and connectedness by aligning the development regulations with the community’s goals so future development is compatible. Adopted by the Town of Hillsborough Board of Commissioners this 14th day of March 2022. _________________________________________ Sarah E. Kimrey, Town Clerk ORDINANCE NUMBER: 20220314-X.X ORDINANCE Amending Section 6.17 and Section 6.20 of the Unified Development Ordinance The Hillsborough Board of Commissioners ordains: Section 1. The Unified Development Ordinance Section 6.17, Sidewalks and Walkways, is hereby amended to delete the following strikethrough text from Section 6.17.3.1 Development Sites, paragraph 2: The permit issuing authority shall establish the amount of the payment, which shall not exceed the estimated cost of the construction of the sidewalk or section thereof. Section 2. Section 6.17.3.2 New Public Streets, is hereby amended to read as follows, with italicized text added and the word ‘road’ deleted and replaced with ‘street’: 6.17.3.2 New Public Streets Sidewalks will be provided along both sides of all proposed and existing public streets within development. Sidewalks will be provided along both sides of all proposed and existing private streets within multi-family and retail developments that provide important pedestrian connectivity. Sidewalks may be required along drive aisles or through parking areas that provide important pedestrian connectivity. Sidewalks will be provided along any existing public or commercial private street road directly accessed by the proposed development as follows: 6.17.3.2.a The sidewalk will extend the length of the property adjacent to the roadway on the same side as the proposed development. 6.17.3.2.b The developer will provide any necessary additional right‐of‐way needed for the sidewalk to either the Town of NCDOT, as appropriate. 6.17.3.2.c Sidewalks shall provide a direct connection to the primary building entry from the street sidewalk system. 6.17.3.2.d The provisions of 6.5.11 shall govern if the site is subject to that buffer. Section 3. The Unified Development Ordinance Section 6.20, Streets, is hereby amended to delete the following strikethrough text and add the italicized text from Section 6.21.2 Applicability: 6.21.2 APPLICABILITY New streets will generally be dedicated to the town or NC Department of Transportation. Private streets are generally only permitted in minor subdivisions and some developments where land ownership is not defined by the vehicle circulation system (apartment complexes, shopping centers or office parks). or within attached dwelling developments and Allowable private streets are also regulated by this section. Section 4. The Unified Development Ordinance Section 6.21.4, Design Standards, is hereby amended to delete the following strikethrough text and add the italicized text, which includes strikethrough and replacement of the word ‘road’ with ‘street’ throughout the section (6.21.4): 6.21.4 DESIGN STANDARDS ‐ PRIVATE STREETS ROADS 6.21.4.1 Any private street within an attached dwelling a non-residential or multi‐family development must meet the design standards for town public streets. 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 14th day of March in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Evan Punch, Planning Technician Shannan Campbell, Planning and Economic Development Manager ITEM TO BE CONSIDERED Subject: Special event permit – Handmade Parade and Makers Market Road Closure and Trash Sponsorship Attachments: 1.Hand Made Parade Special Event Permit Application and Materials 2.Market at Riverpark Special Event Permit Application and Materials Brief summary: The Hillsborough Handmade Parade and Market is a grassroots, Mardi Gras-style, community street parade. This year, the parade will end in River Park with a market and be part of a “Weekend of Art in Hillsborough” experience, along with April's Last Friday, the Art Walk and Saturday's Handmade Market in Riverpark. Action requested: Approve, approve with conditions, or deny permit sponsoring trash service and road closure. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: Low; however, sponsorship is being requested for town services so there are department level costs associated for public works and police. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 6.F Consent agenda Regular agenda Closed session 1 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 SPECIAL EVENT PERMIT APPLICATION Please review the Event Policy Ordinance, Chapter 7 of the Town Code, to determine if your event requires a Special Event Permit. The Permit Application must be received 60 days in advance of the event. Name of Event: _______________________________________________________________________ Event Location Address: ________________________________________________________________ Date(s) of event: Event Set Up Time: ____ Event Hours:_____________ Event Break Down:___________ Date(s) of event: Event Set Up Time: ____ Event Hours:_____________ Event Break Down:___________ EVENT ORGANIZER & CONTACT INFORMATION Name of Organization/Company: _________________________________________________________ Organization/Company mailing address: ___________________________________________________ Organization Status: Formal Informal For-profit Not-for-profit Event Organizer Name: __________________________________________________ Event Organizer Phone: _________________ Event Organizer Email:___________________________ On-Site Contact(s) During the Day-of Event Name: ________________________________ Cell Phone: _____________________ Name: ________________________________ Cell Phone: _____________________ GENERAL EVENT INFORMATION Type of Event: Private Event on Private Property Public Event on Public Property Private Event on Public Property Public Event on Private Property Street or Greenway Event (Parades, Marches, Rallies, 5Ks, Bike Races) General Event Description (Narrative outlining event purpose and elements including food trucks, car shows, races, vendors, etc): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 _____________________________________________________________________________________ Estimated total number of people that will attend the event: _____________ Estimated peak time(s) of attendance: _______________ Maximum capacity of event location (number of persons, if applicable): _______________ If the event is annual, the estimated attendance of the last event of this kind: _________________ GENERAL EVENT QUESTIONNAIRE Will tickets be sold or admission/fees be charged as part of the event? YES NO Will there be alcohol sold or provided as a part of this event? YES NO If yes, please indicate the vendor(s) and/or ABC permit holder(s) responsible for the alcohol sales/distribution and attach a copy of the ABC permit(s) for each vendor :________________________ _____________________________________________________________________________________ Please note: Alcohol may only be sold by vendors with an off-premise permit or by event organizers with a special one-time ABC sales permit. Alcohol sales may be subject to the prepared food & beverage tax. Will vendors be on-site selling goods/crafts/wares during the event? YES NO Will vendors be on-site selling food/beverages during the event? YES NO Please note: All vendors without a physical location in town and/or food trucks that do not have Town of Hillsborough Food Truck Permits that are selling prepared food/beverage will need to prepay the Food & Beverage Tax with the Finance Department. Please list the name(s) of the food/beverage vendors: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Will you be soliciting donations as part of the event? YES NO If yes, for what cause or organization? ______________________________________________ Will you bring additional equipment, stages, microphones, amplification, etc? YES NO Please Explain: ________________________________________________________________________ Will any items be left at the event site overnight? YES NO Please Explain:_________________________________________________________________________ Will signs or banners be displayed on site or around Town? YES NO Please note: Special event signage must be applied for and permitted separately BEFORE signage is placed around town. Will tents be erected for the event? YES NO If yes, how many and what size? _______________________________________________________ 3 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 Please note: Tents may require a permit and inspection by the Orange County Fire Marshal’s office depending on size and number. Tents should be shown with location and dimensions on event map/layout. Will you provide (portable) restroom facilities? YES NO Please note: Restroom facilities are required to be provided by Special Event organizers depending on attendance numbers and duration. Local Business, Town, and County facility restrooms may compliment, but not become a substitute for, providing adequate restrooms for the event. Will you provide (portable) handwashing facilities? YES NO Please note: Handwashing facilities are required for events that include on site food preparation and/or sales without direct or immediate sink access. Will the event require any street closures or change in traffic flow? YES NO Will the event require additional trash and recycling facilities? YES NO Will you request that the Town Board sponsor specific services in conjunction with this event (i.e. Police Coverage, Road Closures, Traffic YES NO Control, Trash and Recycling Rollouts)? Please note: Events requesting Town Sponsorship of events must apply at least 90 days in advance of the event to be considered. Event organizers who are able should make every necessary attempt to provide and pay for services at their events as the Town has limited staff and resources to cover the costs of event services. EVENT MAP/LAYOUT REQUIREMENTS With this application, you must attach a map of the area where the event is to take place and indicate the following: •Traffic flow; including any streets requested to be closed or obstructed (locations of barriers and officers will be determined by Law Enforcement). •If the event includes a parade, greenway closure, etc. then the route of the event should be clearly shown. •Parking areas where event attendees will be directed that are adequate for event attendance. Please note: The Eno River deck has only 400 parking spaces. •Pedestrian access and flow. •The location of any concession stand, food truck(s), booth, or other temporary structures, tents, stages or facilities; and the location of proposed fences, stands, platforms, benches, or bleachers. •The location of restroom and/or handwashing facilities. A street map and a map of Gold Park are available on the Town’s website. Google Maps is also an excellent resource and can be easily marked up. Contact Staff if you need assistance with providing an event layout or route map. 4 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 EVENT LIABILITY INSURANCE Event organizers and/or property owners need to insure themselves from liability in case an event attendee injures themselves during the course of the event. Events occurring on Public Property (Town or County) are required to carry event liability insurance with the Public Property owner listed as ‘additionally insured’. Copy of event liability Certificate of Insurance is attached: YES NO Name of insurance company providing liability coverage for the event: __________________________________________________________________________________ Contact information for broker/agent providing coverage: _____________________________________________________________________________________ EVENT PROPERTY USE PERMISSION If the event will be located on property that is not owned/managed by the event organizer then the property owner must indicate consent for the use of their property below: __________________________________________________ ____________________ Name of Property Owner Phone __________________________________________________ ____________________ Signature of Property Owner Date TOWN LIABILITY AGREEMENT I, the applicant, agree to indemnify and hold harmless the Town of Hillsborough, its employees, and its agents from and against any and all liability for any injury which may be suffered in connection with this special event approval or park reservation. I also hold harmless the Town of Hillsborough, its employees, and its agents from and against any liability for any equipment or supplies lost, damaged, or stolen, that are stored or otherwise as a result of this special event. ___________________________________________________ _____________________ Applicant Signature Date SUBMITTAL DIRECTIONS: Please submit electronically to: Evan.Punch@hillsboroughnc.gov Please submit via paper copy here: Hillsborough Planning Department ATTN: Evan Punch P.O. Box 429 101 E. Orange Street Hillsborough, NC 27278 5 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 FOR OFFICE USE ONLY: Application received by: Date: Fee Paid: ______________ Date information emailed out: ____________________________ Permit Status Approved YES NO Explanation:_________________________________________ Date Permit Issued: ____________________________ Approved with any conditions: ___________________ ______________________________________________________________________________ By: Date:______________ Town Staff Member Forwarded to others for review/information: OC Fire Marshal: ___________________________ Hillsborough Police Department: ______________________ OC Sheriff’s Department: ________________________________ OC Fire Department: ________________________ Hillsborough Public Works: ___________________________ Hillsborough Public Space Manager: __________________________ OC DEAPR (River Park): _______________________________ OC AMS (Visitors Center, Library, Old or New Courthouse):__________________________________ NCDOT (DOT Road Closures): _______________________________ Hillsborough Finance (Food & Beverage Tax 1 Day):_______________________________________ Hillsborough Public Information Office: _________________________________________________ Parade Route (Preferred) Option Two: !N�U.t<..t!ilJ LU.l:'Y CUSTOMER NUMBER: 004324148 BErie � Insurance· Home Office • 100 Erie Insurance Place • Erie, Pennsylvania 16530 • (814) 870.2000 12/14/21 Toll Free 1.800.458.0811 • Fax (814) 870•3126 • www.erieinsurance.com Named Insured and Address: Agency Name and Number: 1 HILLSBOROUGH ARTS COUNCIL 102 N CHURTON ST HILLSBOROUGH NC 27278-2534 *THE BALLARD AGENCY JJ1010 JJ1010 Dear Policyholder: Proof of insurance coverage will be issued to each of the entities listed below. The applicable policy numbers are shown with each name and address. The code next to each policy number indicates the type of insurance coverage shown on the certificate. These codes mean the following: G = General Liability w = Workers Compensation and Employers Liability E = Excess Liability A= Automobile Liability A 'Y' under the Additional Insured heading indicates additional insured status. We would like to confirm the Certificate Holders as currently listed under your policy. Please take a few minutes to review the list below and contact your Agent with any changes. ERIE appreciates your business and wants to continue to be Above All in Service. Name and Address TOWN OF HILLSBOROUGH PO BOX 429 101 E ORANGE ST HILLSBOROUGH NC 27278 ORANGE COUNTY DEPT PARKS & RECREATION PO BOX 8181 HILLSBOROUGH NC 27278 -- -poi icy Number(-s) &­Type of Insurance Code Q851800607 w Q321000580 G Q851800607 w Q321000580 G The ERIE is Above All in sERvlcE� Additional Insured y 1 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 SPECIAL EVENT PERMIT APPLICATION Please review the Event Policy Ordinance, Chapter 7 of the Town Code, to determine if your event requires a Special Event Permit. The Permit Application must be received 60 days in advance of the event. Name of Event: _______________________________________________________________________ Event Location Address: ________________________________________________________________ Date(s) of event: Event Set Up Time: ____ Event Hours:_____________ Event Break Down:___________ Date(s) of event: Event Set Up Time: ____ Event Hours:_____________ Event Break Down:___________ EVENT ORGANIZER & CONTACT INFORMATION Name of Organization/Company: _________________________________________________________ Organization/Company mailing address: ___________________________________________________ Organization Status: Formal Informal For-profit Not-for-profit Event Organizer Name: __________________________________________________ Event Organizer Phone: _________________ Event Organizer Email:___________________________ On-Site Contact(s) During the Day-of Event Name: ________________________________ Cell Phone: _____________________ Name: ________________________________ Cell Phone: _____________________ GENERAL EVENT INFORMATION Type of Event: Private Event on Private Property Public Event on Public Property Private Event on Public Property Public Event on Private Property Street or Greenway Event (Parades, Marches, Rallies, 5Ks, Bike Races) General Event Description (Narrative outlining event purpose and elements including food trucks, car shows, races, vendors, etc): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 _____________________________________________________________________________________ Estimated total number of people that will attend the event: _____________ Estimated peak time(s) of attendance: _______________ Maximum capacity of event location (number of persons, if applicable): _______________ If the event is annual, the estimated attendance of the last event of this kind: _________________ GENERAL EVENT QUESTIONNAIRE Will tickets be sold or admission/fees be charged as part of the event? YES NO Will there be alcohol sold or provided as a part of this event? YES NO If yes, please indicate the vendor(s) and/or ABC permit holder(s) responsible for the alcohol sales/distribution and attach a copy of the ABC permit(s) for each vendor :________________________ _____________________________________________________________________________________ Please note: Alcohol may only be sold by vendors with an off-premise permit or by event organizers with a special one-time ABC sales permit. Alcohol sales may be subject to the prepared food & beverage tax. Will vendors be on-site selling goods/crafts/wares during the event? YES NO Will vendors be on-site selling food/beverages during the event? YES NO Please note: All vendors without a physical location in town and/or food trucks that do not have Town of Hillsborough Food Truck Permits that are selling prepared food/beverage will need to prepay the Food & Beverage Tax with the Finance Department. Please list the name(s) of the food/beverage vendors: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Will you be soliciting donations as part of the event? YES NO If yes, for what cause or organization? ______________________________________________ Will you bring additional equipment, stages, microphones, amplification, etc? YES NO Please Explain: ________________________________________________________________________ Will any items be left at the event site overnight? YES NO Please Explain:_________________________________________________________________________ Will signs or banners be displayed on site or around Town? YES NO Please note: Special event signage must be applied for and permitted separately BEFORE signage is placed around town. Will tents be erected for the event? YES NO If yes, how many and what size? _______________________________________________________ 3 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 Please note: Tents may require a permit and inspection by the Orange County Fire Marshal’s office depending on size and number. Tents should be shown with location and dimensions on event map/layout. Will you provide (portable) restroom facilities? YES NO Please note: Restroom facilities are required to be provided by Special Event organizers depending on attendance numbers and duration. Local Business, Town, and County facility restrooms may compliment, but not become a substitute for, providing adequate restrooms for the event. Will you provide (portable) handwashing facilities? YES NO Please note: Handwashing facilities are required for events that include on site food preparation and/or sales without direct or immediate sink access. Will the event require any street closures or change in traffic flow? YES NO Will the event require additional trash and recycling facilities? YES NO Will you request that the Town Board sponsor specific services in conjunction with this event (i.e. Police Coverage, Road Closures, Traffic YES NO Control, Trash and Recycling Rollouts)? Please note: Events requesting Town Sponsorship of events must apply at least 90 days in advance of the event to be considered. Event organizers who are able should make every necessary attempt to provide and pay for services at their events as the Town has limited staff and resources to cover the costs of event services. EVENT MAP/LAYOUT REQUIREMENTS With this application, you must attach a map of the area where the event is to take place and indicate the following: •Traffic flow; including any streets requested to be closed or obstructed (locations of barriers and officers will be determined by Law Enforcement). •If the event includes a parade, greenway closure, etc. then the route of the event should be clearly shown. •Parking areas where event attendees will be directed that are adequate for event attendance. Please note: The Eno River deck has only 400 parking spaces. •Pedestrian access and flow. •The location of any concession stand, food truck(s), booth, or other temporary structures, tents, stages or facilities; and the location of proposed fences, stands, platforms, benches, or bleachers. •The location of restroom and/or handwashing facilities. A street map and a map of Gold Park are available on the Town’s website. Google Maps is also an excellent resource and can be easily marked up. Contact Staff if you need assistance with providing an event layout or route map. 4 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 EVENT LIABILITY INSURANCE Event organizers and/or property owners need to insure themselves from liability in case an event attendee injures themselves during the course of the event. Events occurring on Public Property (Town or County) are required to carry event liability insurance with the Public Property owner listed as ‘additionally insured’. Copy of event liability Certificate of Insurance is attached: YES NO Name of insurance company providing liability coverage for the event: __________________________________________________________________________________ Contact information for broker/agent providing coverage: _____________________________________________________________________________________ EVENT PROPERTY USE PERMISSION If the event will be located on property that is not owned/managed by the event organizer then the property owner must indicate consent for the use of their property below: __________________________________________________ ____________________ Name of Property Owner Phone __________________________________________________ ____________________ Signature of Property Owner Date TOWN LIABILITY AGREEMENT I, the applicant, agree to indemnify and hold harmless the Town of Hillsborough, its employees, and its agents from and against any and all liability for any injury which may be suffered in connection with this special event approval or park reservation. I also hold harmless the Town of Hillsborough, its employees, and its agents from and against any liability for any equipment or supplies lost, damaged, or stolen, that are stored or otherwise as a result of this special event. ___________________________________________________ _____________________ Applicant Signature Date SUBMITTAL DIRECTIONS: Please submit electronically to: Evan.Punch@hillsboroughnc.gov Please submit via paper copy here: Hillsborough Planning Department ATTN: Evan Punch P.O. Box 429 101 E. Orange Street Hillsborough, NC 27278 5 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 FOR OFFICE USE ONLY: Application received by: Date: Fee Paid: ______________ Date information emailed out: ____________________________ Permit Status Approved YES NO Explanation:_________________________________________ Date Permit Issued: ____________________________ Approved with any conditions: ___________________ ______________________________________________________________________________ By: Date:______________ Town Staff Member Forwarded to others for review/information: OC Fire Marshal: ___________________________ Hillsborough Police Department: ______________________ OC Sheriff’s Department: ________________________________ OC Fire Department: ________________________ Hillsborough Public Works: ___________________________ Hillsborough Public Space Manager: __________________________ OC DEAPR (River Park): _______________________________ OC AMS (Visitors Center, Library, Old or New Courthouse):__________________________________ NCDOT (DOT Road Closures): _______________________________ Hillsborough Finance (Food & Beverage Tax 1 Day):_______________________________________ Hillsborough Public Information Office: _________________________________________________ Please note - We are working through whether or not to prioritize contracting a few beer/wine vendors for a Beer Garden in River Park. We understand this would require a double barrier, volunteer oversight, licensed/insured vendors, and additional permitting processes. We will have an update on whether or not this will be prioritized as a part of this year's event model very soon. In either case, we will have some food/beverage vendors to supplement local food options and accommodate event attendance. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Evan Punch, Planning Technician Shannan Campbell, Planning and Economic Development Manager ITEM TO BE CONSIDERED Subject: Special event permit – Last Fridays Art Walk Trash Sponsorship Attachments: Special Event Permit Application and Materials Brief summary: Hillsborough Arts Council is hosting rotating art galleries, poetry, and live music throughout different town art galleries and local businesses. HAC programming includes various monthly entertainment and makers markets on the historic courthouse lawn; dance waves, family-friendly activities, and arts education in River Park; and performance artists roaming on sidewalks some months. There are no road closures planned for the 2022 season of Last Fridays. Action requested: Approve, approve with conditions, or deny permit to sponsor trash service for the event. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: Low; however, sponsorship is being requested for town services so there are department level costs associated for public works. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 6.G Consent agenda Regular agenda Closed session 1 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 SPECIAL EVENT PERMIT APPLICATION Please review the Event Policy Ordinance, Chapter 7 of the Town Code, to determine if your event requires a Special Event Permit. The Permit Application must be received 60 days in advance of the event. Name of Event: _______________________________________________________________________ Event Location Address: ________________________________________________________________ Date(s) of event: Event Set Up Time: ____ Event Hours:_____________ Event Break Down:___________ Date(s) of event: Event Set Up Time: ____ Event Hours:_____________ Event Break Down:___________ EVENT ORGANIZER & CONTACT INFORMATION Name of Organization/Company: _________________________________________________________ Organization/Company mailing address: ___________________________________________________ Organization Status: Formal Informal For-profit Not-for-profit Event Organizer Name: __________________________________________________ Event Organizer Phone: _________________ Event Organizer Email:___________________________ On-Site Contact(s) During the Day-of Event Name: ________________________________ Cell Phone: _____________________ Name: ________________________________ Cell Phone: _____________________ GENERAL EVENT INFORMATION Type of Event: Private Event on Private Property Public Event on Public Property Private Event on Public Property Public Event on Private Property Street or Greenway Event (Parades, Marches, Rallies, 5Ks, Bike Races) General Event Description (Narrative outlining event purpose and elements including food trucks, car shows, races, vendors, etc): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ____ Event Hours:_____________ Event Break Down:___________ Event Set Up Time: Date(s) of event: Event Set Up Time: March 25, April 29, May 27, June 24, July 29, 2022 August 26, September 30, October 28, November 25, 2022 2 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 _____________________________________________________________________________________ Estimated total number of people that will attend the event: _____________ Estimated peak time(s) of attendance: _______________ Maximum capacity of event location (number of persons, if applicable): _______________ If the event is annual, the estimated attendance of the last event of this kind: _________________ GENERAL EVENT QUESTIONNAIRE Will tickets be sold or admission/fees be charged as part of the event? YES NO Will there be alcohol sold or provided as a part of this event? YES NO If yes, please indicate the vendor(s) and/or ABC permit holder(s) responsible for the alcohol sales/distribution and attach a copy of the ABC permit(s) for each vendor :________________________ _____________________________________________________________________________________ Please note: Alcohol may only be sold by vendors with an off-premise permit or by event organizers with a special one-time ABC sales permit. Alcohol sales may be subject to the prepared food & beverage tax. Will vendors be on-site selling goods/crafts/wares during the event? YES NO Will vendors be on-site selling food/beverages during the event? YES NO Please note: All vendors without a physical location in town and/or food trucks that do not have Town of Hillsborough Food Truck Permits that are selling prepared food/beverage will need to prepay the Food & Beverage Tax with the Finance Department. Please list the name(s) of the food/beverage vendors: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Will you be soliciting donations as part of the event? YES NO If yes, for what cause or organization? ______________________________________________ Will you bring additional equipment, stages, microphones, amplification, etc? YES NO Please Explain: ________________________________________________________________________ Will any items be left at the event site overnight? YES NO Please Explain:_________________________________________________________________________ Will signs or banners be displayed on site or around Town? YES NO Please note: Special event signage must be applied for and permitted separately BEFORE signage is placed around town. Will tents be erected for the event? YES NO If yes, how many and what size? _______________________________________________________ sale of alcohol at local bars/restaurants, each responsible for their own alcohol liscenses. 3 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 Please note: Tents may require a permit and inspection by the Orange County Fire Marshal’s office depending on size and number. Tents should be shown with location and dimensions on event map/layout. Will you provide (portable) restroom facilities? YES NO Please note: Restroom facilities are required to be provided by Special Event organizers depending on attendance numbers and duration. Local Business, Town, and County facility restrooms may compliment, but not become a substitute for, providing adequate restrooms for the event. Will you provide (portable) handwashing facilities? YES NO Please note: Handwashing facilities are required for events that include on site food preparation and/or sales without direct or immediate sink access. Will the event require any street closures or change in traffic flow? YES NO Will the event require additional trash and recycling facilities? YES NO Will you request that the Town Board sponsor specific services in conjunction with this event (i.e. Police Coverage, Road Closures, Traffic YES NO Control, Trash and Recycling Rollouts)? Please note: Events requesting Town Sponsorship of events must apply at least 90 days in advance of the event to be considered. Event organizers who are able should make every necessary attempt to provide and pay for services at their events as the Town has limited staff and resources to cover the costs of event services. EVENT MAP/LAYOUT REQUIREMENTS With this application, you must attach a map of the area where the event is to take place and indicate the following: •Traffic flow; including any streets requested to be closed or obstructed (locations of barriers and officers will be determined by Law Enforcement). •If the event includes a parade, greenway closure, etc. then the route of the event should be clearly shown. •Parking areas where event attendees will be directed that are adequate for event attendance. Please note: The Eno River deck has only 400 parking spaces. •Pedestrian access and flow. •The location of any concession stand, food truck(s), booth, or other temporary structures, tents, stages or facilities; and the location of proposed fences, stands, platforms, benches, or bleachers. •The location of restroom and/or handwashing facilities. A street map and a map of Gold Park are available on the Town’s website. Google Maps is also an excellent resource and can be easily marked up. Contact Staff if you need assistance with providing an event layout or route map. 4 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 EVENT LIABILITY INSURANCE Event organizers and/or property owners need to insure themselves from liability in case an event attendee injures themselves during the course of the event. Events occurring on Public Property (Town or County) are required to carry event liability insurance with the Public Property owner listed as ‘additionally insured’. Copy of event liability Certificate of Insurance is attached: YES NO Name of insurance company providing liability coverage for the event: __________________________________________________________________________________ Contact information for broker/agent providing coverage: _____________________________________________________________________________________ EVENT PROPERTY USE PERMISSION If the event will be located on property that is not owned/managed by the event organizer then the property owner must indicate consent for the use of their property below: __________________________________________________ ____________________ Name of Property Owner Phone __________________________________________________ ____________________ Signature of Property Owner Date TOWN LIABILITY AGREEMENT I, the applicant, agree to indemnify and hold harmless the Town of Hillsborough, its employees, and its agents from and against any and all liability for any injury which may be suffered in connection with this special event approval or park reservation. I also hold harmless the Town of Hillsborough, its employees, and its agents from and against any liability for any equipment or supplies lost, damaged, or stolen, that are stored or otherwise as a result of this special event. ___________________________________________________ _____________________ Applicant Signature Date SUBMITTAL DIRECTIONS: Please submit electronically to: Evan.Punch@hillsboroughnc.gov Please submit via paper copy here: Hillsborough Planning Department ATTN: Evan Punch P.O. Box 429 101 E. Orange Street Hillsborough, NC 27278 5 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 FOR OFFICE USE ONLY: Application received by: Date: Fee Paid: ______________ Date information emailed out: ____________________________ Permit Status Approved YES NO Explanation:_________________________________________ Date Permit Issued: ____________________________ Approved with any conditions: ___________________ ______________________________________________________________________________ By: Date:______________ Town Staff Member Forwarded to others for review/information: OC Fire Marshal: ___________________________ Hillsborough Police Department: ______________________ OC Sheriff’s Department: ________________________________ OC Fire Department: ________________________ Hillsborough Public Works: ___________________________ Hillsborough Public Space Manager: __________________________ OC DEAPR (River Park): _______________________________ OC AMS (Visitors Center, Library, Old or New Courthouse):__________________________________ NCDOT (DOT Road Closures): _______________________________ Hillsborough Finance (Food & Beverage Tax 1 Day):_______________________________________ Hillsborough Public Information Office: _________________________________________________ !N�U.t<..t!ilJ LU.l:'Y CUSTOMER NUMBER: 004324148 BErie � Insurance· Home Office • 100 Erie Insurance Place • Erie, Pennsylvania 16530 • (814) 870.2000 12/14/21 Toll Free 1.800.458.0811 • Fax (814) 870•3126 • www.erieinsurance.com Named Insured and Address: Agency Name and Number: 1 HILLSBOROUGH ARTS COUNCIL 102 N CHURTON ST HILLSBOROUGH NC 27278-2534 *THE BALLARD AGENCY JJ1010 JJ1010 Dear Policyholder: Proof of insurance coverage will be issued to each of the entities listed below. The applicable policy numbers are shown with each name and address. The code next to each policy number indicates the type of insurance coverage shown on the certificate. These codes mean the following: G = General Liability w = Workers Compensation and Employers Liability E = Excess Liability A= Automobile Liability A 'Y' under the Additional Insured heading indicates additional insured status. We would like to confirm the Certificate Holders as currently listed under your policy. Please take a few minutes to review the list below and contact your Agent with any changes. ERIE appreciates your business and wants to continue to be Above All in Service. Name and Address TOWN OF HILLSBOROUGH PO BOX 429 101 E ORANGE ST HILLSBOROUGH NC 27278 ORANGE COUNTY DEPT PARKS & RECREATION PO BOX 8181 HILLSBOROUGH NC 27278 -- -poi icy Number(-s) &­Type of Insurance Code Q851800607 w Q321000580 G Q851800607 w Q321000580 G The ERIE is Above All in sERvlcE� Additional Insured y From:noreply@municipalonlinepayments.com To:Evan Punch Subject:Payment Notification - Pay a special event fee (permits and event signage) Date:Wednesday, February 23, 2022 2:50:31 PM Town of Hillsborough This is your payment receipt. Confirmation Number DPCVJXRDDR Payer Contact Info director@hillsboroughartscouncil.org Payment Method ************6091 Pay a special event fee (permits and event signage) Please tell us what you are paying for (provide name or address of project, permit number, or type of review): We are paying the special event permit fee for the 2022 Last Fridays & the Art Walk event series. This event occurs all over town. Base Price $35.00 Total $35.00 Municipal Online Services Login AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Evan Punch, Planning Technician Shannan Campbell, Planning and Economic Development Manager ITEM TO BE CONSIDERED Subject: Special event permit – Food Truck Rodeo Trash Sponsorship Attachments: 1. Special Event Permit Application and Materials Brief summary: The Hillsborough Food Truck Rodeo will be held June 12 with 12-20 food trucks located in River Park and Orange County Sheriff’s Office parking lot. The event is expecting around 1,500 people in attendance. The event organizer is working closely with Orange County Event staff to coordinate their vendors and is aware that Orange County has their own event management processes for use of their property. Action requested: Approve, approve with conditions, or deny permit sponsoring trash service to event location. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: Low; however, sponsorship is being requested for town services so there are department level costs associated for public works. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 6.H Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Evan Punch, Planning Technician Shannan Campbell, Planning and Economic Development Manager ITEM TO BE CONSIDERED Subject: Kevin Dendy Memorial 5K. Attachments: 1.Special Event Permit Application and Materials Brief summary: Generation Life Church is hosting a memorial 5k event. The 5k route will take runners from Gold Park to River Park then back to Gold Park. The event will also include activities in gold park for non-runners. Expected attendance is 100-200. The event organizer has rented the park shelter. Action requested: Approve, approve with conditions, or deny permit use of riverwalk greenway and gold park for the event. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: None. Staff recommendation and comments: Staff had concerns with parking limitations at Gold Park. Event organizer is working with the leasee of the West Hillsborough parking lot for event parking. For clerk’s use AGENDA ITEM: 6.I Consent agenda Regular agenda Closed session 1 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 SPECIAL EVENT PERMIT APPLICATION Please review the Event Policy Ordinance, Chapter 7 of the Town Code, to determine if your event requires a Special Event Permit. The Permit Application must be received 60 days in advance of the event. Name of Event: _______________________________________________________________________ Event Location Address: ________________________________________________________________ Date(s) of event: Event Set Up Time: ____ Event Hours:_____________ Event Break Down:___________ Date(s) of event: Event Set Up Time: ____ Event Hours:_____________ Event Break Down:___________ EVENT ORGANIZER & CONTACT INFORMATION Name of Organization/Company: _________________________________________________________ Organization/Company mailing address: ___________________________________________________ Organization Status: Formal Informal For-profit Not-for-profit Event Organizer Name: __________________________________________________ Event Organizer Phone: _________________ Event Organizer Email:___________________________ On-Site Contact(s) During the Day-of Event Name: ________________________________ Cell Phone: _____________________ Name: ________________________________ Cell Phone: _____________________ GENERAL EVENT INFORMATION Type of Event: Private Event on Private Property Public Event on Public Property Private Event on Public Property Public Event on Private Property Street or Greenway Event (Parades, Marches, Rallies, 5Ks, Bike Races) General Event Description (Narrative outlining event purpose and elements including food trucks, car shows, races, vendors, etc): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 _____________________________________________________________________________________ Estimated total number of people that will attend the event: _____________ Estimated peak time(s) of attendance: _______________ Maximum capacity of event location (number of persons, if applicable): _______________ If the event is annual, the estimated attendance of the last event of this kind: _________________ GENERAL EVENT QUESTIONNAIRE Will tickets be sold or admission/fees be charged as part of the event? YES NO Will there be alcohol sold or provided as a part of this event? YES NO If yes, please indicate the vendor(s) and/or ABC permit holder(s) responsible for the alcohol sales/distribution and attach a copy of the ABC permit(s) for each vendor :________________________ _____________________________________________________________________________________ Please note: Alcohol may only be sold by vendors with an off-premise permit or by event organizers with a special one-time ABC sales permit. Alcohol sales may be subject to the prepared food & beverage tax. Will vendors be on-site selling goods/crafts/wares during the event? YES NO Will vendors be on-site selling food/beverages during the event? YES NO Please note: All vendors without a physical location in town and/or food trucks that do not have Town of Hillsborough Food Truck Permits that are selling prepared food/beverage will need to prepay the Food & Beverage Tax with the Finance Department. Please list the name(s) of the food/beverage vendors: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Will you be soliciting donations as part of the event? YES NO If yes, for what cause or organization? ______________________________________________ Will you bring additional equipment, stages, microphones, amplification, etc? YES NO Please Explain: ________________________________________________________________________ Will any items be left at the event site overnight? YES NO Please Explain:_________________________________________________________________________ Will signs or banners be displayed on site or around Town? YES NO Please note: Special event signage must be applied for and permitted separately BEFORE signage is placed around town. Will tents be erected for the event? YES NO If yes, how many and what size? _______________________________________________________ 3 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 Please note: Tents may require a permit and inspection by the Orange County Fire Marshal’s office depending on size and number. Tents should be shown with location and dimensions on event map/layout. Will you provide (portable) restroom facilities? YES NO Please note: Restroom facilities are required to be provided by Special Event organizers depending on attendance numbers and duration. Local Business, Town, and County facility restrooms may compliment, but not become a substitute for, providing adequate restrooms for the event. Will you provide (portable) handwashing facilities? YES NO Please note: Handwashing facilities are required for events that include on site food preparation and/or sales without direct or immediate sink access. Will the event require any street closures or change in traffic flow? YES NO Will the event require additional trash and recycling facilities? YES NO Will you request that the Town Board sponsor specific services in conjunction with this event (i.e. Police Coverage, Road Closures, Traffic YES NO Control, Trash and Recycling Rollouts)? Please note: Events requesting Town Sponsorship of events must apply at least 90 days in advance of the event to be considered. Event organizers who are able should make every necessary attempt to provide and pay for services at their events as the Town has limited staff and resources to cover the costs of event services. EVENT MAP/LAYOUT REQUIREMENTS With this application, you must attach a map of the area where the event is to take place and indicate the following: •Traffic flow; including any streets requested to be closed or obstructed (locations of barriers and officers will be determined by Law Enforcement). •If the event includes a parade, greenway closure, etc. then the route of the event should be clearly shown. •Parking areas where event attendees will be directed that are adequate for event attendance. Please note: The Eno River deck has only 400 parking spaces. •Pedestrian access and flow. •The location of any concession stand, food truck(s), booth, or other temporary structures, tents, stages or facilities; and the location of proposed fences, stands, platforms, benches, or bleachers. •The location of restroom and/or handwashing facilities. A street map and a map of Gold Park are available on the Town’s website. Google Maps is also an excellent resource and can be easily marked up. Contact Staff if you need assistance with providing an event layout or route map. 4 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 EVENT LIABILITY INSURANCE Event organizers and/or property owners need to insure themselves from liability in case an event attendee injures themselves during the course of the event. Events occurring on Public Property (Town or County) are required to carry event liability insurance with the Public Property owner listed as ‘additionally insured’. Copy of event liability Certificate of Insurance is attached: YES NO Name of insurance company providing liability coverage for the event: __________________________________________________________________________________ Contact information for broker/agent providing coverage: _____________________________________________________________________________________ EVENT PROPERTY USE PERMISSION If the event will be located on property that is not owned/managed by the event organizer then the property owner must indicate consent for the use of their property below: __________________________________________________ ____________________ Name of Property Owner Phone __________________________________________________ ____________________ Signature of Property Owner Date TOWN LIABILITY AGREEMENT I, the applicant, agree to indemnify and hold harmless the Town of Hillsborough, its employees, and its agents from and against any and all liability for any injury which may be suffered in connection with this special event approval or park reservation. I also hold harmless the Town of Hillsborough, its employees, and its agents from and against any liability for any equipment or supplies lost, damaged, or stolen, that are stored or otherwise as a result of this special event. ___________________________________________________ _____________________ Applicant Signature Date SUBMITTAL DIRECTIONS: Please submit electronically to: Evan.Punch@hillsboroughnc.gov Please submit via paper copy here: Hillsborough Planning Department ATTN: Evan Punch P.O. Box 429 101 E. Orange Street Hillsborough, NC 27278 5 101 East Orange Street · P.O. Box 429 · Hillsborough, North Carolina 27278 919-732-1270· Fax 919-644-2390 FOR OFFICE USE ONLY: Application received by: Date: Fee Paid: ______________ Date information emailed out: ____________________________ Permit Status Approved YES NO Explanation:_________________________________________ Date Permit Issued: ____________________________ Approved with any conditions: ___________________ ______________________________________________________________________________ By: Date:______________ Town Staff Member Forwarded to others for review/information: OC Fire Marshal: ___________________________ Hillsborough Police Department: ______________________ OC Sheriff’s Department: ________________________________ OC Fire Department: ________________________ Hillsborough Public Works: ___________________________ Hillsborough Public Space Manager: __________________________ OC DEAPR (River Park): _______________________________ OC AMS (Visitors Center, Library, Old or New Courthouse):__________________________________ NCDOT (DOT Road Closures): _______________________________ Hillsborough Finance (Food & Beverage Tax 1 Day):_______________________________________ Hillsborough Public Information Office: _________________________________________________ 1001486 132849.13 04-22-2020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 02/04/2022 Matt Phillips 73 S Elliott Road Chapel Hill NC 27514 Matt Phillips 919-929-9552 919-945-0024 matt.phillips.qug2@statefarm.com Generation Life Church Attn: John Stillman 1519 Pleasant Green Road Durham NC 27705 25143 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 Town of Hillsborough 101 East Orange St Hillsborough NC 27278 State Farm Fire and Casualty Company 93-E9-G490-8 01/19/2022 01/19/2023 AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Clerk Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Town Clerk Sarah Kimrey ITEM TO BE CONSIDERED Subject: 2021 Records Retention and Disposition Schedule Updates Attachments: 1.2021 approval forms 2.2021 General Records Schedule 3.2021 Program Records Schedule Brief summary: The North Carolina Department of Natural and Cultural Resources has revised the Records Retention Schedules for local governments. The 2021 General Schedule, which was last updated in 2019 now includes items that any local agency may create, such as budgets, personnel files, correspondence, etc. The 2021 Program Records Schedule is a new retention schedule created from the former Municipal Retention Schedule that was last updated in 2012. This new schedule contains specific functions of government at the municipal level and two additional standards, law enforcement records, and tax records. Municipalities are required to approve the current schedule to conduct routine disposal of records which must otherwise be retained without specific permission for disposal by the Division of Archives and Records. To adopt these schedules, the governing board should take action in a regular open meeting – typically as part of the consent agenda or by resolution. Action requested: Adopt the 2021 General Records and Program Records Retention and Disposition Schedules. ISSUE OVERVIEW Background information and issue summary: N/A Financial impacts: None. Staff recommendation and comments: Adopt the 2021 General Records and Program Records Retention and Disposition Schedules. For clerk’s use AGENDA ITEM: 6.J Consent agenda Regular agenda Closed session 2021 General Records Schedule: Local Government Agencies The records retention and disposition schedules and retention periods governing the records series listed herein are hereby approved. This approval extends to and includes the following standards in the 2021 General Records Schedule: Local Government Agencies: 1. Administration and Management Records 2. Budget, Fiscal, and Payroll Records 3. Geographic Information System Records 4. Human Resources Records 5. Information Technology Records 6. Legal Records 7. Public Relations Records 8. Risk Management Records 9. Workforce Development Records In accordance with the provisions of Chapters 121 and 132 of the General Statutes of North Carolina, it is agreed that the records do not and will not have further use or value for official business, research, or reference purposes after the respective retention periods specified herein and are authorized to be destroyed or otherwise disposed of by the agency or official having custody of them without further reference to or approval of either party to this agreement. Destructions G.S. § 121-5 authorizes the Department of Natural and Cultural Resources to regulate the destruction of public records. Furthermore, the local government agency agrees to comply with 07 NCAC 04M .0510 when deciding on a method of destruction. The North Carolina Administrative Code states: “(a) Paper records which have met their required retention requirements and are not subject to legal or other audit holds should be destroyed in one of the following ways: 1. burned, unless prohibited by local ordinance; 2. shredded, or torn up so as to destroy the record content of the documents or material concerned; 3. placed in acid vats so as to reduce the paper to pulp and to terminate the existence of the documents or materials concerned; or 4. sold as waste paper, provided that the purchaser agrees in writing that the documents or materials concerned will not be resold without pulverizing or shredding the documents so that the information contained within cannot be practicably read or reconstructed. (b) When used in an approved records retention and disposition schedule, the provision that electronic records are to be destroyed means that the data and metadata are to be overwritten, deleted, and unlinked so the data and metadata may not be practicably reconstructed. (c) When used in an approved records retention and disposition schedule, the provision that confidential records of any format are to be destroyed means the data, metadata, and physical media are to be destroyed in such a manner that the information cannot be read or reconstructed under any means.” All local government agencies should maintain logs of their destructions either in the minutes of their governing board or in their Records Management file. Confidential records will be destroyed in such a manner that the records cannot be practicably read or reconstructed. Public records, including electronic records, not listed in this schedule are not authorized to be destroyed. ii 2021 General Records Schedule: Local Government Agencies Audits and Litigation Actions Records subject to audit or those legally required for ongoing official proceedings must be retained until released from such audits or official proceedings, notwithstanding the instructions of this schedule. Electronic Records All local government agencies and the Department of Natural and Cultural Resources concur that the long-term and/or permanent preservation of electronic records requires additional commitment and active management by the agency. Agencies agree to comply with all policies, standards, and best practices published by the Department of Natural and Cultural Resources regarding the creation and management of electronic records. Local government agencies should consider retention requirements and disposition authorities when designing and implementing electronic records management systems. Any type of electronically-created or electronically- stored information falls under the North Carolina General Assembly’s definition of public records cited above. For example, e-mail, text messages, blog posts, voicemails, websites, word processing documents, spreadsheets, databases, and PDFs all fall within this definition of public records. In addition, G.S. § 132-6.1(a) specifies: “Databases purchased, leased, created, or otherwise acquired by every public agency containing public records shall be designed and maintained in a manner that does not impair or impede the public agency's ability to permit the public inspection and examination of public records and provides a means of obtaining copies of such records. Nothing in this subsection shall be construed to require the retention by the public agency of obsolete hardware or software.” Local government agencies may scan any paper record and retain it electronically for ease of retrieval. If an agency wishes to destroy the original paper records before their assigned retention periods have been met, the agency must establish an electronic records policy, including putting into place procedures for quality assurance and documentation of authorization for records destructions approved by the Government Records Section. This electronic records policy and releases for destruction of records must be approved by the Government Records Section. Agencies should be aware that for the purpose of any audit, litigation, or public records request, they are considered the records custodian obligated to produce requested records, even if said records are being maintained electronically by an outside vendor. Therefore, contracts regarding electronically stored information should be carefully negotiated to specify how records can be exported in case a vendor goes out of business or the agency decides to award the contract to a different vendor. Reference Copies All local government agencies and the Department of Natural and Cultural Resources agree that certain records series possess only brief administrative, fiscal, legal, research, and reference value. These records series have been designated by retention periods that allow these records to be destroyed when “reference value ends.” All local government agencies hereby agree that they will establish and enforce internal policies setting minimum retention periods for the records that Natural and Cultural Resources has scheduled with the disposition instruction “destroy when reference value ends.” If a local government agency does not establish internal policies and retention periods, the local government agency is not complying with the provisions of this retention schedule and is not authorized by the Department of Natural and Cultural Resources to destroy the records with the disposition instruction “destroy when reference value ends.” Record Copy A record copy is defined as “The single copy of a document, often the original, that is designated as the official copy for reference and preservation.”1 The record copy is the one whose retention and disposition is mandated by this schedule; all additional copies are considered reference or access copies and can be destroyed when their usefulness expires. In some cases, postings to social media may be unofficial copies of information that is captured elsewhere as a record copy (e.g., a press release about an upcoming agency event that is copied to various social media platforms). Appropriately retaining record copies and disposing of reference copies requires agencies to 1 Society of American Archivists, Dictionary of Archives Terminology. iii 2021 General Records Schedule: Local Government Agencies designate clearly what position or office is required to maintain an official record for the duration of its designated retention period. Transitory Records Transitory records are defined as “record[s] that [have] little or no documentary or evidential value and that need not be set aside for future use.”2 North Carolina has a broad definition of public records. However, the Department of Natural and Cultural Resources recognizes that some records may have little or no long-term documentary or evidential value to the creating agency. These records are often called transitory records. They may be disposed of according to the guidance below. However, all public employees should be familiar with their appropriate retention schedule and any other applicable guidelines for their office. If there is a required retention period for these records, that requirement must be followed. When in doubt about whether a record is transitory or whether it has special significance or importance, retain the record in question and seek guidance from a DNCR records analyst. Routing slips and transmittal sheets adding no information to that contained in the transmitted material have minimal value after the material has been successfully transmitted. These records may be destroyed or otherwise disposed of after receipt of the material has been confirmed. Similarly, “while you were out” slips, memory aids, and other records requesting follow-up actions (including voicemails and calendar invites) have minimal value once the official action these records are supporting has been completed and documented. These records may be destroyed or otherwise disposed of once the action has been resolved. Drafts and working papers, including notes and calculations, are materials gathered or created to assist in the creation of another record. All drafts and working papers are public records subject to all provisions of Chapter 132 of the General Statutes, but many of them have minimal value after the final version of the record has been approved, and may be destroyed after final approval, if they are no longer necessary to support the analysis or conclusions of the official record. Drafts and working documents that may be destroyed after final approval include: • Drafts and working papers for internal and external policies • Drafts and working papers for internal administrative reports, such as daily and monthly activity reports; • Drafts and working papers for internal, non-policy-level documents, such as informal workflows and manuals; and • Drafts and working papers for presentations, workshops, and other explanations of agency policy that is already formally documented. Forms used solely to create, update, or modify records in an electronic medium may be destroyed in office after completion of data entry and after all verification and quality control procedures, so long as these records are not required for audit or legal purposes. However, if the forms contain any analog components that are necessary to validate the information contained on them (e.g., a signature or notary’s seal), they must be retained according to the disposition instructions for the records series encompassing the forms’ function. 2 Ibid. 2021 Program Records Schedule: Local Government Agencies i Program Records Schedule: Local Government Agencies The records retention and disposition schedules and retention periods governing the records series listed herein are hereby approved. This approval extends to and includes the following standards in the 2021 Program Records Schedule: Local Government Agencies: 10. Airport Authority Records 11. Animal Services Records 12. Code Enforcement and Inspection Records 13. Emergency Medical Services and Fire Department Records 14. Parks and Recreation Records 15. Planning and Regulation of Development Records 16. Public Housing Authorities, Redevelopment Commissions, and Entitlement Communities Records 17. Public Transportation Systems Records 18. Public Utilities and Environmental/Waste Management Records 19. Street Maintenance, Public Works, and Engineering Records 20. Law Enforcement Records (excluding Sheriff’s Offices) 21. Tax Records (for municipalities) In accordance with the provisions of Chapters 121 and 132 of the General Statutes of North Carolina, it is agreed that the records do not and will not have further use or value for official business, research, or reference purposes after the respective retention periods specified herein and are authorized to be destroyed or otherwise disposed of by the agency or official having custody of them without further reference to or approval of either party to this agreement. Destructions N.C. Gen. Stat. § 121-5 authorizes the Department of Natural and Cultural Resources to regulate the destruction of public records. Furthermore, the local government agency agrees to comply with 07 NCAC 04M .0510 when deciding on a method of destruction. The North Carolina Administrative Code states: “(a) Paper records which have met their required retention requirements and are not subject to legal or other audit holds should be destroyed in one of the following ways: 1. burned, unless prohibited by local ordinance; 2. shredded, or torn up so as to destroy the record content of the documents or material concerned; 3. placed in acid vats so as to reduce the paper to pulp and to terminate the existence of the documents or materials concerned; or 4. sold as waste paper, provided that the purchaser agrees in writing that the documents or materials concerned will not be resold without pulverizing or shredding the documents so that the information contained within cannot be practicably read or reconstructed. (b) When used in an approved records retention and disposition schedule, the provision that electronic records are to be destroyed means that the data and metadata are to be overwritten, deleted, and unlinked so the data and metadata may not be practicably reconstructed. (c) When used in an approved records retention and disposition schedule, the provision that confidential records of any format are to be destroyed means the data, metadata, and physical media are to be destroyed in such a manner that the information cannot be read or reconstructed under any means.” All local government agencies should maintain logs of their destructions either in the minutes of their governing board or in their Records Management file. Confidential records will be destroyed in such a manner that the records cannot be practicably read or reconstructed. 2021 Program Records Schedule: Local Government Agencies ii Public records, including electronic records, not listed in this schedule are not authorized to be destroyed. Audits and Litigation Actions Records subject to audit or those legally required for ongoing official proceedings must be retained until released from such audits or official proceedings, notwithstanding the instructions of this schedule. Electronic Records All local government agencies and the Department of Natural and Cultural Resources concur that the long-term and/or permanent preservation of electronic records requires additional commitment and active management by the agency. Agencies agree to comply with all policies, standards, and best practices published by the Department of Natural and Cultural Resources regarding the creation and management of electronic records. Local government agencies should consider retention requirements and disposition authorities when designing and implementing electronic records management systems. Any type of electronically-created or electronically-stored information falls under the North Carolina General Assembly’s definition of public records cited above. For example, e-mail, text messages, blog posts, voicemails, websites, word processing documents, spreadsheets, databases, and PDFs all fall within this definition of public records. In addition, N.C. Gen. Stat. § 132-6.1(a) specifies: “Databases purchased, leased, created, or otherwise acquired by every public agency containing public records shall be designed and maintained in a manner that does not impair or impede the public agency's ability to permit the public inspection and examination of public records and provides a means of obtaining copies of such records. Nothing in this subsection shall be construed to require the retention by the public agency of obsolete hardware or software.” Local government agencies may scan any paper record and retain it electronically for ease of retrieval. If an agency wishes to destroy the original paper records before their assigned retention periods have been met, the agency must establish an electronic records policy, including putting into place procedures for quality assurance and documentation of authorization for records destructions approved by the Government Records Section. This electronic records policy and releases for destruction of records must be approved by the Government Records Section. Agencies should be aware that for the purpose of any audit, litigation, or public records request, they are considered the records custodian obligated to produce requested records, even if said records are being maintained electronically by an outside vendor. Therefore, contracts regarding electronically stored information should be carefully negotiated to specify how records can be exported in case a vendor goes out of business or the agency decides to award the contract to a different vendor. Reference Copies All local government agencies and the Department of Natural and Cultural Resources agree that certain records series possess only brief administrative, fiscal, legal, research, and reference value. These records series have been designated by retention periods that allow these records to be destroyed when “reference value ends.” All local government agencies hereby agree that they will establish and enforce internal policies setting minimum retention periods for the records that Natural and Cultural Resources has scheduled with the disposition instruction “destroy when reference value ends.” If a local government agency does not establish internal policies and retention periods, the local government agency is not complying with the provisions of this retention schedule and is not authorized by the Department of Natural and Cultural Resources to destroy the records with the disposition instruction “destroy when reference value ends.” Record Copy A record copy is defined as “The single copy of a document, often the original, that is designated as the official copy for reference and preservation.”1 The record copy is the one whose retention and disposition is mandated by these schedules; all additional copies are considered reference or access copies and can be destroyed when their usefulness expires. In some cases, postings to social media may be unofficial copies of information that is captured elsewhere as a record copy (e.g., a press release about an upcoming agency event that is copied to various social 1 Society of American Archivists, Dictionary of Archives Terminology. 2021 Program Records Schedule: Local Government Agencies iii media platforms). Appropriately retaining record copies and disposing of reference copies requires agencies to designate clearly what position or office is required to maintain an official record for the duration of its designated retention period. Transitory Records Transitory records are defined as “record[s] that [have] little or no documentary or evidential value and that need not be set aside for future use.”2 North Carolina has a broad definition of public records. However, the Department of Natural and Cultural Resources recognizes that some records may have little or no long-term documentary or evidential value to the creating agency. These records are often called transitory records. They may be disposed of according to the guidance below. However, all public employees should be familiar with their appropriate retention schedule and any other applicable guidelines for their office. If there is a required retention period for these records, that requirement must be followed. When in doubt about whether a record is transitory or whether it has special significance or importance, retain the record in question and seek guidance from a DNCR records analyst. Routing slips and transmittal sheets adding no information to that contained in the transmitted material have minimal value after the material has been successfully transmitted. These records may be destroyed or otherwise disposed of after receipt of the material has been confirmed. Similarly, “while you were out” slips, memory aids, and other records requesting follow-up actions (including voicemails and calendar invites) have minimal value once the official action these records are supporting has been completed and documented. These records may be destroyed or otherwise disposed of once the action has been resolved. Drafts and working papers, including notes and calculations, are materials gathered or created to assist in the creation of another record. All drafts and working papers are public records subject to all provisions of Chapter 132 of the General Statutes, but many of them have minimal value after the final version of the record has been approved, and may be destroyed after final approval, if they are no longer necessary to support the analysis or conclusions of the official record. Drafts and working documents that may be destroyed after final approval include: • Drafts and working papers for internal and external policies • Drafts and working papers for internal administrative reports, such as daily and monthly activity reports; • Drafts and working papers for internal, non-policy-level documents, such as informal workflows and manuals; and • Drafts and working papers for presentations, workshops, and other explanations of agency policy that is already formally documented. Forms used solely to create, update, or modify records in an electronic medium may be destroyed in office after completion of data entry and after all verification and quality control procedures, so long as these records are not required for audit or legal purposes. However, if the forms contain any analog components that are necessary to validate the information contained on them (e.g., a signature or notary’s seal), they must be retained according to the disposition instructions for the records series encompassing the forms’ function. It is further agreed that these records may not be destroyed prior to the time periods stated; however, for sufficient reason they may be retained for longer periods. These schedules supersede previous versions of these schedules and any localized amendments; they are to remain in effect from the date of approval until they are reviewed and updated. 2 Ibid. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Governing Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Commissioner Kathleen Ferguson ITEM TO BE CONSIDERED Subject: Appoint Commissioner Kathleen Ferguson as the voting delegate for the North Carolina League of Municipalities 2022-2023 Board of Directors Election Attachments: None. Brief summary: The nomination period for the 2022-2023 North Carolina League of Municipalities (NCLM) Board of Directors is now open and will run through March 31. Each member municipality shall designate one voting delegate who is eligible to cast a single vote for the 2022-2023 League Board of Directors in advance of the annual business meeting. NCLM will hold an electronic voting process for board elections. During CityVision, held April 26-28, League members will attend the annual business meeting where the 2022-2023 electronic Board of Directors election results will be announced. Action requested: Appoint Commissioner Ferguson as the Town of Hillsborough voting delegate for the NCLM Board of Directors 2022-2023 election. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 6.K Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Community Services Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Margaret A. Hauth, Assistant Town Manager ITEM TO BE CONSIDERED Subject: US 70 Multimodal Corridor Study beginning with Orange County and Mebane Attachments: 1. Project description memo 2. Project map 3. Slides Brief summary: Orange County, Hillsborough, and Mebane are cooperatively preparing a study of the US 70 corridor to identify multimodal needs including bicycles, pedestrian, transit, and freight in addition to passenger vehicles. The study is also being coordinated with a study of the Durham County portion of US 70. Action requested: For information. Board members may be contacted for opportunities to participate. The town will be asked to endorse the completed plan. ISSUE OVERVIEW Background information and issue summary: This comprehensive plan builds on the town’s work in the late 2000’s to study the Cornelius Street corridor. While this study focuses more on transportation, the land use choices will play an important role in identifying needs. The process is just beginning and will be led by the same consultant working on our Comprehensive Sustainability Plan. Participation by staff and local residents, property, and business owners will be needed and ensure a useful outcome. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 6.L Consent agenda Regular agenda Closed session PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration (919) 245-2575 (919) 644-3002 (FAX) www.orangecountync.gov 131 W. Margaret Lane Suite 201 P. O. Box 8181 Hillsborough, NC 27278 MEMORANDUM TO: Durham-Chapel Hill-Carrboro Metropolitan Planning Organization FROM: Nishith Trivedi, Orange County Transportation Planner CC: Craig Benedict, Orange County Planning Director Tom Altieri, Comprehensive Planning Supervisor DATE: January 18, 2022 SUBJECT: US-70 Multimodal Corridor Study Attachment: US-70 West Multimodal Corridor Map This memorandum is to provide information to the Durham-Chapel Hill-Carrboro Metropolitan (DCHC MPO) on the upcoming US-70 Multimodal Corridor Study in Alamance and Orange County. Background The US-70 regional corridor continues to experience significant residential and employment growth -- the population of Mebane has doubled in the last decade and Mebane, Orange County and Hillsborough have already approved several thousand new residential units that will have an impact on the corridor, scheduled for completion in the next few years. In addition, low-income and minority populations are concentrated along various segments of the corridor, especially between Hillsborough and Mebane. The US 70 Multimodal Corridor Study will create a much needed transportation plan for a fast growth corridor, and ensure a unified, coherent process for the two counties, two municipalities and two MPOs that have planning authority in the area. Study Area: NC 119 By-Pass in Alamance County to US 751 in east Orange County, see attached map. Scope Elements • Coordination with Core Technical Team (CTT) o One staff member each from Mebane, Hillsborough, Orange County, DCHC MPO, BG MPO, and NCDOT Division 7. o Meets monthly throughout the duration of the study. • Existing Conditions Analysis o Land use, TRM, local priorities, environmental, all modes, current and future trends, etc. o Alternatives evaluation (no build, context sensitive solution, ultimate vision) o All currently adopted local and regional plan, program, studies, etc. o Including those during the study (e.g. Orange County Transit Plan) • Public Engagement and Environmental Justice (EJ) o Public Engagement Plan with comprehensive list of stakeholders o Reaching out to EJ communities of concern along the corridor o 2 round of public workshops in Mebane, Hillsborough and Orange County 2 • Performance Standards and Implementation Strategies o The performance standards will serve as benchmarks against which requests for development and transportation improvements can be measured. o The strategies will consist of recommendations along the various segments of the corridor. o Identify short-term (non-STIP), mid-term and long-term projects with cross- sections, lighting and landscaping • Draft and Final Plan o Incorporate into CTP, MTP, SPOT, STIP o Local and regional implementation responsibilities. o Consultant will present final plan to local boards and MPOs for their consideration, with assistance from local staff Schedule: • Start – February/March 2022 • End – Fall/Winter 2023 VHB has been selected as the consultant for the US-70 Multimodal Corridor Study. Orange County Transportation planning staff will continue to keep the DCHC MPO apprised of these processes. Feel free to contact staff with any questions. 3/4/2022 1 US-70 Multimodal Corridor Study US‐70 Corridor Study Boundary NC 119 By-Pass Recommended by Mebane NC 751 Recommended by DCHC MPO Source: NCDOT Crash Data 2009-2019 1 3 3/4/2022 2 Scope Elements Coordination with Core Technical Team (CTT) o One staff member each from Mebane, Hillsborough, Orange County, DCHC MPO, BG MPO, and NCDOT Division 7. o Meets monthly throughout the duration of the study. Existing Conditions Analysis o Land use, TRM, local priorities, environmental, all modes, current and future  trends, etc. o Alternatives evaluation (no build, context sensitive solution, ultimate vision) o All currently adopted local and regional plan, program, studies, etc.  Including those during the study (e.g. Orange County Transit  Plan) Public Engagement and Environmental Justice (EJ) o Public Engagement Plan with comprehensive list of stakeholders o Reaching out to EJ communities of concern along the corridor o 2 round of public workshops in Mebane, Hillsborough and Orange County Scope Elements Performance Standards and Implementation Strategies o The performance standards will serve as benchmarks against which requests for development and transportation improvements can be measured. o The strategies will consist of recommendations along the various segments of the corridor. o Identify short‐term (non‐STIP), mid‐term and long‐term projects with cross‐ sections, lighting and landscaping Draft and Final Plan o Incorporate into CTP, MTP, SPOT, STIP o Local and regional implementation responsibilities. o Consultant will present final plan to local boards and MPOs for their  consideration, with assistance from local staff 4 5 3/4/2022 3 Start – February/March 2022 End – Fall/Winter 2023 Budget: $200,000 Project: 18 months – 2 Fiscal Year UPWPs Schedule, Budget, Timeframe Contact & Questions Nishith Trivedi Transportation Planner Orange County Planning Department 131 W. Margaret Lane, Suite 201 P.O. Box 8181 Hillsborough, NC 27278 Phone: (919) 245‐2582 Cell: (757)339‐9090 ntrivedi@orangecountync.gov 6 7 AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning & Econ Development Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning & Economic Development Manager ITEM TO BE CONSIDERED Subject: Letter of interest for contiguous annexation – N.C. 86, Waterstone Area Attachments: 1. Letter 2. Parcel Map Brief summary: The parcel in question is approximately 30.98 acres abutting Harmony at Waterstone townhomes, with some frontage/access on N.C. 86. The full parcel is shown as part of the future land use plan as Mixed Residential Neighborhood. Annexation would be contiguous. Action requested: Direction to staff is needed as to whether or not the board would like to see this annexation move forward as is, move forward with a fiscal impact analysis, or not move forward at this time. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 7.A Consent agenda Regular agenda Closed session  Terry Tract Marc h 3 , 20 22 0 0.0 8 0.1 60.04 mi 0 0.1 0.20.05 km 1:4,80 0 987 34 377 43PIN:TERRY MARYOWNER 1 : W/S N C 8 6LEGAL DESC : DEED R EF: 1 BL DG _VALU E: LAND VALU E: USE VAL UE: TO TAL VAL UE: 31.22 ASIZE:BU I LD IN G C OU NT: OWN E R 2 : AD D RESS 1: AD D RESS 2: 290 9 NC 86 S CI TY:HILL SBO RO UG H STAT E, ZI P:NC 272 78 RATEC OD E:00 DATE SOLD :11/7/2 011 BL DG SQ FT:199 0 YEAR BU ILT:194 7 This ma p cont ain s parc els p repare d f or th e in ve ntor y of re al p roperty w it hin Orang e Coun ty, a nd is c omp iled fro m reco rded deed , plats , and ot her public rec ords a nd data . U sers o f th is m ap are hereb y not ifi ed that the aforem en tion edpublic p rim ary inf orm at ion sourc es s hould be cons ulted for verif ic atio n o f th e in form at ion cont ained on t his m ap. T he cou nty and its ma pping com panies as sum e no lega l re spo nsi bility fo r the informati on on t his ma p. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Planning & Econ Dev. Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning & Economic Development Manager ITEM TO BE CONSIDERED Subject: Letter of interest for contiguous annexation – Cates Creek Parkway, Moren Tract Attachments: 1. Initial Fiscal Analysis 2. Letter 3. Parcel Map Brief summary: The parcel in question is approximately 60 acres, intersected by Cates Creek Parkway with frontage also on Old N.C. 86. A portion of the parcel is within the town’s ETJ and is zoned EDD (Economic Development District). The full parcel is shown as part of the future land use plan as Mixed Use. Annexation would be contiguous. The initial annexation interest letter was received by the town board at the Jan. 24 regular meeting where the board directed staff to complete a fiscal analysis. That fiscal analysis is attached. Action requested: Direction to staff and potential petitioner on whether annexation should move forward, if more information is needed, or if annexation should not move forward at this time. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: Noted in attached fiscal analysis. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 7.B Consent agenda Regular agenda Closed session 101 E. Orange St., Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov MEMORANDUM To: Mayor Weaver and Hillsborough Town Board members From: Operations Team Date: 3/14/2022 RE: Fiscal and Service Impact analysis for Moren/Beach Company annexation PIN# 9873153366 Anticipated services costs by department/division: Administration This covers town clerk, information technology, human resources, budget, and communications. No specific impact is expected aside from reaching out to 300 additional households with public information and engagement. Financial Services No specific impact is expected to accounts receivable, accounts payable, general finance or payroll. While the proposal is for 300 additional dwelling units, it is unclear whether that will trigger 300 new accounts or a handful of master accounts. Impact unknown at this time. Eng/Utilities The impacts will be consistent with the development review and inspection of a 60-acre non-residential site. System development fees will be set by the extension agreement. Planning The impacts will be consistent with the development review and inspection of a 60-acre non-residential site. Fees will be one-time at the time of development. The developer is preliminarily considering attached and detached multifamily development and non- residential development on the site. If the site were to go to detached or attached single family units on single lots (20 or more lots) served by public roads needing trash pickup it would trigger a requirement for a Special Use Permit. The intersection of Lafayette Drive, Cates Creek Parkway, and Old NC86 will need to be studied and evaluated for signalization and other improvements for functionality. Staff is reaching out to existing neighborhoods like this in North Carolina and South Carolina to understand the experience form both the residents and town standpoints. Police The impacts will be consistent with service delivery for other commercial and residential/multifamily developments of this size. Town of Hillsborough | 2 Public Space The impacts will be consistent with the development review and inspection of a 60-acre non-residential site. No dedication of recreation or public space is noted at this time. Sidewalks would need to be installed per UDO and Street Design Standards to provide connectivity. Public Works Additional public streets may need to be constructed with this development adding maintenance costs and electric costs for street lighting. The streets and parking within the multifamily/ apartment portion are anticipated to be private. With private streets there would be no electric costs for street lighting. There is a ‘new road’ proposed to be a public street connecting Old NC 86 to College Park Road and will be shared with the neighboring portion of Waterstone. It is preliminarily planned to serve non- residential development and provide connectivity through the site. There may be at least one more public spine road to provide connectivity north-south. Stormwater The impacts will be consistent with the development review and inspection of a 60-acre non- residential site. Fees will be one-time at the time of development. Anticipated revenues by fund: General Fund Only major recurring revenues in the general fund were estimated for this project. Those include real estate/property taxes, motor vehicle property taxes, motor vehicle registration fees, sales tax, and the portion of Powell Bill that accrues based on population. Source Projected Value Projected Revenue Current land value - 60 acres $1,776,195 $10,009 Residential development value (projected) $85,000,000 $478,992 Non-residential development value (projected) $25,600,000 $144,261 Projected Real Estate tax revenue $112,376,195 $633,262 Population increase (300 DU with 2.46 persons per) 738 Projected number of vehicles 450 $12,960 Projected vehicle value $4,126,500 $23,254 Sales tax $137,268 Powell Bill $15,173 Projected GF recurring revenue at buildout $821,917 Water/Sewer Fund Estimate - applicant Estimate - town Residential (310 units) 89,280 35,650 Town of Hillsborough | 3 Grocery (30,000 sf) 3,000 3,600 Retail (12,000 sf) 1,200 1,440 Medical (40,000 sf with 33 practitioners) 8,250 4,000 Usage projection 101,730 44,690 Revenue projection (23.64/1000 gal) $877,787 $671,722 Percent daily water capacity (1,165,000 gallons) 8.73% 3.84% Percent daily wastewater capacity (939,000 gal) 10.83% 4.76% Stormwater Fund The site would be subject to the stormwater utility fee calculated on impervious surface. Since this will be a rental development where the land under the housing is undivided, the residential portion would be treated as commercial. The best estimate is: Residential – tier 5 (over 200,001 sf impervious surface) Commercial A – tier 5 (over 200,001 sf impervious surface) Medical office – tier 4 (100,001 – 200,000 sf impervious surface) Commercial B – tier 3 (30,001 – 100,000 sf impervious surface) Stormwater Fund Residential - 20 ac - tier 5 $12,900 Medical office - 4.1 ac - tier 4 $4,050 Commercial A - 8.5 ac net - tier 5 $12,900 Commercial B (2.5 net) $1,800 Total $31,650 Mr. Daniel J. Doyle Senior Vice President and COO The Beach Company 320 Broad Street, Suite 600 Charleston, SC 29401 January 17, 2022 Ms. Shannan Campbell, AICP, CZO Planning and Economic Development Manager Town of Hillsborough 101 E. Orange St. Hillsborough, NC RE: Moren Property | Letter of Intent and Annexation Dear Ms. Campbell: I am pleased to send you this Letter of Interest and Annexation regarding the property identified by PIN# 1873153366 and known as the Moren Property, comprised of approximately 60 acres, and located at the intersection of Old NC 86 and Waterstone Dr. We are enthusiastic about the prospect of developing this property and we are grateful for the opportunity to discuss this with you at the January 24th Board of Commissioners meeting. The purpose of this letter is to generally describe our vision for the property to the Board of Commissioners and identify the specific uses we would like to include in the development, for which we intend to pursue annexation and rezoning by the Town of Hillsborough. At this early stage, we would like to understand the position of the Board and Town Staff regarding the development of this site. Your opinions will help to guide our predevelopment process, verify that our ideas are aligned with those of the Town’s, and inform our anticipated request for rezoning and annexation. Our current vision for the site includes neighborhood retail, office or medical office, and a professionally managed and amenitized community of built-to-rent, single-family residences. The retail and office uses would likely be concentrated at the northern and southern portions of the site where vehicular access, visibility, and proximity to other existing complementary land uses are greatest. The residential uses would likely occupy the middle portion of the site which lacks primary street frontage. Priority will be given to pedestrian connectivity between uses, walkable streets, engaging common areas, and contextual architecture and landscape design. The residential community may have a potential mix of single-family, detached cottages and attached townhomes to provide variety to prospective residents. The build-to-rent housing model presents unique advantages to residents, combining the lifestyle benefits of a single- family home with the attainability, convenience, and amenities of a professionally managed multi-family community. We look forward to speaking with you at the January 24th meeting and presenting our thoughts and ideas. While we are early in the planning process, we are pleased to answer any questions you have about our vision, our company, our track record and capabilities. Sincerely, Daniel J. Doyle Senior Vice President and COO cc: John D. Reyna Jr. Development Associate Mo ren Tra ct Marc h 3 , 20 22 0 0.0 8 0.1 60.04 mi 0 0.1 0.20.05 km 1:4,80 0 987 31 533 66PIN:MOR EN CH AR LES W TRU STE EOWNER 1 : E/S OLD NC 86LEGAL DESC : 664 6/74 5DEED R EF: BL DG _VALU E: $15 ,1 72LAND VALU E: $15 ,1 72USE VAL UE:$15 ,1 72TOTAL VAL UE: 60.21 ASIZE:BU I LD IN G C OU NT: $0OWNER 2 : AD D RESS 1: AD D RESS 2: 113 1 MARG ARET DR CI TY:FLOR EN CE STAT E, ZI P:SC 295 01 RATEC OD E:00 DATE SOLD :2/20/2 020 BL DG SQ FT: YEAR BU ILT: This ma p cont ain s parc els p repare d f or th e in ve ntor y of re al p roperty w it hin Orang e Coun ty, a nd is c omp iled fro m reco rded deed , plats , and ot her public rec ords a nd data . U sers o f th is m ap are hereb y not ifi ed that the aforem en tion edpublic p rim ary inf orm at ion sourc es s hould be cons ulted for verif ic atio n o f th e in form at ion cont ained on t his m ap. T he cou nty and its ma pping com panies as sum e no lega l re spo nsi bility fo r the informati on on t his ma p. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Police Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Chief Duane Hampton ITEM TO BE CONSIDERED Subject: Recommendations from Mayor’s Task Force on Re-imagining Public Safety (continued) Attachments: 1. Mayor’s Task Force on Reimagining Public Safety Recommendations 2. Chief Hampton’s Response Brief summary: Continued discussion from the Feb. 28 work session of the Mayor’s Task Force recommendations. The board discussed the recommendations related to mental health and traffic stops. Remaining to be discussed are recommendations related to use of force, procedures, and the topic of an advisory board. Action requested: Discuss recommendations and provide guidance. ISSUE OVERVIEW Background information and issue summary: This is a continuation of the initial board discussion of the Task Force recommendations and the response from HPD to those recommendations. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 7.C Consent agenda Regular agenda Closed session 101 E. Orange St., Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov October 25, 2021 Dear Commissioners, Mr. Peterson, Chief Hampton, and Mr. Hornick, The Mayor’s Task Force on Re-Imagining Public Safety was established in November 2020. The task force was charged to “Assess and determine a model for community safety review appropriate for the Hillsborough community in terms of charge, appointment, and composition, within the confines of state and local law.” In June of 2020, the Board of Commissioners unanimously passed a resolution entitled “Resolution Denouncing the Murder of George Floyd”. One of the actionable items in this resolution was a commitment to establish a standing advisory board to consider issues of importance to the community regarding policing. Upon reflection, and in consultation with the town manager, I felt it was important that the form and substance of this advisory board be community driven, rather than a top-down decision by elected officials and town staff. Ultimately, the decision of what any advisory board looks like and how it operates is up to the board of commissioners but given the power differentials between police, elected officials, and the public, having significant community input felt paramount. In addition, the resolution asked the town manager and police chief to engage with the public regarding concerns the community has regarding public safety and policing. That engagement has occurred in various venues, and this the task force provided an opportunity to dive into some of these issues in depth. There were over thirty applications to the task force, demonstrating a high level of interest in this initiative. A selection committee comprised of myself, Mayor Pro Tem Mark Bell, Fairview Community Watch President Faylor Riley, and Planning Board member Lisa Frazier met to review the applications. The selection committee settled on fifteen members for the task force, representing a full array of Hillsborough neighborhoods, including several areas where the town typically struggles to manifest participation in volunteer advisory boards. Though task force members originally committed to four to six meetings, that estimation was well exceeded. The task force met a total of ten times, beginning in December 2020 and ending in September 2021. Members also met separately in two smaller groups to discuss and draft recommendations based on the content of task force meetings and community needs. Though not all task force appointees were able to continue past the initial time commitment, every member made important contributions to this effort. I am deeply grateful to the members, to Hillsborough Police Department Management Analyst Eli Valsing for providing technical and other administrative support, and to Chief Hampton for his multiple in-depth presentations, time, and attention to the task force. The topics addressed by the task force were: • Mental health calls: the nature and number of these calls, HPD response challenges • Use of Force policy Town of Hillsborough | 2 •General policies and practices of the Hillsborough Police Department •Data showing activity and patterns in Hillsborough Police Department patrols •Data showing racially disproportionate traffic stops, including a presentation by one of the leading experts on this issue, Dr. Frank Baumgartner •Policing Advisory Boards: models used by other jurisdictions, what does and does not work about these models and why they are often unsatisfying for the public, innovative models to better meet community needs and expectations. In this packet, you will find recommendations on topical areas into which the task force delved, including recommendations for a standing advisory board. In making these recommendations, I urged the task force members to not be held back by questions regarding cost, legality, or capacity in order that they might be expansive in their asks for what the community needs. Thus, these recommendations need vetting by the town attorney. In addition, the town board, the town manager, and the police chief have an important task before us, to take these recommendations and consider how we can implement them in service to the public safety of our residents. We are in a transformative time in the realm of racial justice and public safety. The call from our community in the wake of the George Floyd uprising across the country was clear. The ball is in our court now for how we will answer. I look forward to working together to implement policies and practices for a more just and equitable Hillsborough that is safe for everyone. This will take time, ingenuity, and strong communication with each other and with the community. Sincerely, Mayor Jenn Weaver 101 E. Orange St., Hillsborough, North Carolina www.hillsboroughnc.gov | @HillsboroughGov Mayor’s Task Force on Re-imaging Public Safety Members Judit Alvarado Keith Cook Sujata Bijou Shannon Blue Patricia Harrison Chloe Johnson Rod Jones Jason Knapp Tracey Little Hathaway Pendergrass Hooper Schultz Marc Xavier Allison Zirkel 101 E. Orange St., Hillsborough, North Carolina www.hillsboroughnc.gov | @HillsboroughGov Draft Advisory Board Recommendations Mayor’s Task Force on Re-Imagining Public Safety October 25, 2021 Draft Advisory Board Recommendations | 2 of 2 There is strong support among task force members to create a standing advisory board to consider various policing and public safety issues. The task force recognizes that there is disconnect between policing and communities writ large across the country, and Hillsborough is not immune. Some communities want a stronger police presence, whereas others feel over-policed. Struggles of addiction, poverty, etc. are not being directly addressed but instead are handled by police in crisis situations, when police are called to respond to situations that are outside their area of training or expertise. The task force sees a role for a standing advisory board to be a means of accountability and to explore policy changes that can strengthen the connection between the Hillsborough Police Department and the community that would be beneficial to all parties. There are two general buckets of issues for an advisory board to consider. One, as a venue outside of the police department to examine complaints, and two, as a venue to continue with the work of re-imagining public safety and policy changes. Below is a list of recommendations falling loosely in both areas. The task force understands that these recommendations for an advisory board may lie outside of current legal parameters or may be beyond the current capacity of the town of Hillsborough, but regardless, they reflect the needs of the community illuminated by the work of the task force over the past 10 months. • We strongly recommend that a standing Advisory Board be convened, populated, and supported. We imagine that a small number of dedicated citizens and community leaders would be ideal; five members would allow for a diverse group of community members but would be small enough to develop a close rapport among the members. “Diversity” to us means variety in ages, races, ethnicity, races, experience, and perspective. • We imagine that the Advisory Board would continue to conduct research into police practices and continue to issue recommendations to the Town Board as necessary. • Another, very important, function of the Advisory Board would be to review community complaints regarding the use of force or about other police conduct. Many police review boards across the country have failed, and many reports show this is due to inadequate authority or because of lack of information. Policies should be adopted to avoid this outcome in Hillsborough. • An advisory board should continue review of data regarding racial disparities in local policing (traffic stop data show racial disparities and ideally these would be eliminated). • Responses to addressing racial disparities are relatively new. An advisory board could pay attention to innovations, assess whether any changes being made are forward thinking/effective. • There is broad agreement among the task force and Hillsborough Police Department that the HPD needs to be more racially/ethnically diverse. There could be a role for the advisory board here. • A standing advisory board could be a place for considering additional policies to reimagine public safety in Hillsborough, such as instituting alternatives to policing, educating the community about wellness and mental health resources, violence prevention, community training to help communities reduce violence without police intervention. 101 E. Orange St., Hillsborough, North Carolina www.hillsboroughnc.gov | @HillsboroughGov Draft Recommendations for the Hillsborough Police Department Mayor’s Task Force on Re-imagining Public Safety October 25, 2021 Draft Recommendations for the Hillsborough Police Department | 2 of 7 Mental Health Crisis Response Recommendations 1. Collaborate with other local jurisdictions (Orange County Sheriff's Office, Chapel Hill Police Department, Carrboro Police Department, Mebane Police Department) to pool funding resources and develop a coordinated, county-wide mobile mental health crisis response service. This county-wide effort should also look at restructuring the 911 call system by either enhancing training for 911 operators so that they can divert mental health crisis calls to non-police behavioral health first responders and/or by establishing an alternative emergency number for community members to call in case of a behavioral health crisis. 2. Increase training. Ensure that all officers are Crisis Intervention Team (CIT) trained (this is already a goal of the department). Assure that other first responders are also CIT trained (EMS, Fire Department). Explore whether additional training could be beneficial, depending on what data shows in terms of incidents in our community (e.g., the intersection of domestic violence and behavioral health, Mental Health First Aid) and allocate funding for additional training specific to these issues, if needed. Law enforcement officers are already required to complete a certain number of training hours per year so new training content could be incorporated into this existing structure. 3. Allocate funding to add a minimum of 1-2 social workers (or similarly trained staff) to the Town of Hillsborough. The social work position would serve as a co-responder to crisis calls while also responding to calls without an officer present, when safe and appropriate. The position(s) would also focus on preventative and follow up work, reaching out to community members to assure they are connected to needed resources. It would also serve as a consulting role for the police department with regards to behavioral health (mental health, substance use, and intellectual/developmental disability) issues and needs in our community. Lastly, the social work position would review and track crisis response data, disaggregated by demographics (with a focus on racial disparities), to critically analyze effectiveness of responses and to identify underlying causes of behavioral health crisis calls (e.g., social determinants of health). Housing these positions under the Town of Hillsborough rather than the police department may increase capacity to build trust and would allow for response to situations in the town that fall outside the realm of law enforcement yet within the realm of enhancing public safety Traffic Stop Recommendations (short version) 1. Expand current traffic stop reporting data set to include all significant citizen interactions including but not limited to public complaints, use of force incidents, marijuana arrests, community events, mental health crises, and vehicle pursuits (per Chapel Hill -Carrboro/Northern Orange Branches of the NAACP Memorandum of Understanding with law enforcement agencies). 2. Make a commitment within the Hillsborough Police Department to not pull people over by using the traffic code as a pretext for suspect criminal behavior. Limit the investigation during a traffic stop to the reason for the stop (except for situations that pose a risk to public safety). 3. Cease low level, regulatory traffic stops, such as equipment violation, expired tags, license plate light out, and broken taillight. 4. Implement use of a written consent card. Draft Recommendations for the Hillsborough Police Department | 3 of 7 5. Reallocate funding to develop resources to assist people who meet certain income eligibility criteria with fixing minor vehicle maintenance issues, as well as assistance with registration/insurance renewal payments. We also recommend that Hillsborough begin contributing support to the Orange County Criminal Justice Debt fund and expand this fund to include assistance for costs related to vehicle maintenance and registration/insurance renewal. 6. Cease regulatory checkpoints altogether. Traffic Stop Recommendations (detailed version) 1. North Carolina General Statute 143B-903 requires police agencies to keep statistics on traffic stops. Hillsborough began collecting this data in 2014 and submitting it to the North Carolina State Bureau of Investigation (ncsbi.gov). Recommendation: Expand current traffic stop reporting data set to include all significant citizen interactions including but not limited to public complaints, use of force incidents, marijuana arrests, community events, mental health crises and vehicle pursuits (per CH- Carrboro/Northern Orange Branches of NAACP’s Memorandum of Understanding with law enforcement agencies). 2. A problematic trend noted by expert analysts has been the use of the traffic code to conduct a criminal investigation. Traffic stops as a pretext for an investigation leads to disparate outcomes. Recommendation: Make a commitment within the Hillsborough Police Department to not pull people overusing the traffic code as a pretext for suspect criminal behavior. The goal of this recommendation is to reduce the frequency of searches following traffic stops unless there is an imminent safety concern. A more concrete policy to guide this commitment is to limit the investigation during a traffic stop to the reason for the stop. For example, if someone is pulled over for broken headlight, then the subsequent investigation (and conversation) should be limited strictly to the headlight issue, barring extenuating circumstances that pose imminent threat to public safety (e.g., person is visibly intoxicated). Reasons underlying this recommendation (and some data) A. Since Hillsborough began collecting data in 2014, the department has made a total of 9,948 traffic stops. Out of this number, 367 led to searches, 143 led to contraband hits derived from these searches, which led to 70 arrests. Racial disparities are found throughout traffic stop data: African Americans are stopped at a higher rate than their overall population in all jurisdictions reviewed (Hillsborough 2019: 33% of traffic stops vs. 21% of overall population), in non-moving traffic violations (vehicle equipment and vehicle regulatory, 2019: 54% white vs. 37% black*), subsequent searches as a percent of total traffic stops (2019: 8% black, 3% white), demographic breakdown of total traffic stop searches (2019: 39% white vs. 60% black*), arrests derived from traffic stops (2019: 43% white, 51% black, 5% Hispanic*). B. *Hillsborough demographics: 64% white, 21% black, 11% Hispanic. Draft Recommendations for the Hillsborough Police Department | 4 of 7 C. Vehicle equipment violation is the most common reason for a traffic stop (2019: 31%), followed by vehicle regulatory violation (25%). 3. Cease low level, regulatory traffic stops such as equipment violation, expired tags, license plate light out, and broken taillight. When these issues arise in the context of another reason for a stop, provide person with information on how to obtain cost assistance (see recommendation five). This allows for more time to focus on more pressing community safety concerns, such as speeding, DWI’s, and running red lights and stop signs. This has already been implemented in other jurisdictions including Fayetteville and Chapel Hill. 4. Although the HPD reports very few consent searches, we still recommend use of a written consent card, to support and educate people in understanding their rights. However, data shows that as consent searches decrease, probable cause searches increase, resulting in no real difference in tickets and arrests made following a traffic stop. 5. HPD reports that they make routine efforts to provide education and give warnings rather than ticket people. Chief Hampton noted that the vast majority of vehicle stops for equipment violations do not lead to a charge and that officers regularly help people fix their vehicles. To further this spirit of aid, we recommend reallocation of funding to develop resources to assist people who meet certain income eligibility criteria with fixing minor vehicle maintenance issues as well as assistance with registration/insurance renewal payments. Orange County operates a criminal justice debt relief program, however the Town of Hillsborough currently does not contribute money to this fund (Chapel Hill and Carrboro do). We recommend that Hillsborough begin supporting this fund (which is available to all residents of Orange County) and support expansion of the fund to include assistance for costs related to vehicle maintenance and registration/insurance renewal. 6. Cease regulatory checkpoints altogether. Although Hillsborough reports only doing a very small number (two to three in 2019, two in 2020, often to help other agencies such as the NC State Highway Patrol), we recommend that these checkpoints cease altogether (this does not include DWI checking stations, which serve an important public safety purpose). Citation: “Traffic Stops in Hillsborough, NC, 2019”: Published by Hillsborough Police Department for the Mayor’s Task Force on Reimagining Public Safety March 2021 Use of Force Recommendations 1. The Advisory Board should hear community complaints and be able to promptly respond to community members. A. The Police Department should be given incentives to cooperate with the Advisory Board by providing case information including police reports, the ability to interview officers at the scene in question, and body camera footage. 1. The current Hillsborough policy is to store body camera footage for ninety days for incidents that do not end in arrest. A policy should be issued that if a complaint is filed on any incident, Draft Recommendations for the Hillsborough Police Department | 5 of 7 the body camera footage should be kept as long as the incident is under review (either internally or by the Advisory Board). 2. Per N.C.G.S. § 132-1.4A(c), the head of the custodial law enforcement agency can disclose a recording to any person whose image or voice is in the recording. If that person is also the person making the complaint to the Advisory Board, a policy should be written where the presumption is that disclosure of such recordings will be granted to a person whose image or voice is in that recording, AND that that person can show the recording to the Advisory Board (without making a copy of the recording as is prohibited in the statute). The Advisory Board will be allowed to advise the person making the complaint on the proper procedure to request the recording. a. Alternatively, the Advisory Board shall be granted limited authority to act as the personal representative of the person in the recording in regards to this issue to obtain any recordings in the custody of law enforcement regarding the incident under review (N.C.G.S. § 132- 1.4A(c)(2)) and then be able to apply to the head of the custodial law enforcement agency for the recording themselves. b. Note: there is an effort in the state legislature to make all police recordings public record. 2. The current Use of Force policy is vague. The Advisory Board must suggest and/or create clearer policies about when use of force is justified. 3. An issue related to use of force is a show of force. Procedures shall be developed where officers do not need to be in full tactical gear to respond to non-criminal, or non-emergency calls. The Task Force had a community comment about a call for a non-urgent manner for which that citizen had police arrive at his house in full tactical gear, which was quite intimidating. Officers should dress for the type of call to which they are responding Hillsborough Police Department Procedures Recommendations 1. Police officers should be more involved in the community. A. Establish policies where officers can attend community events in street clothes (off-duty), or at least dressed down. 1. Officers should have a stand at First Friday events. Something like a popcorn machine would be cheap and would draw people in, allowing officers to talk to community members. 2. Officers used to go to the Community Garden in Fairview; this practice should be revived. 3. Fairview Live is another opportunity for Officers to attend community-specific events and do outreach to improve relations (and potentially recruit). B. Meetings with various Hillsborough communities should be standard on a quarterly basis. Outreach for these meetings should be a focus for officers. Chief Hampton reported that the annual Draft Recommendations for the Hillsborough Police Department | 6 of 7 Community Summit isn’t well attended. Having meetings with specific neighborhoods might increase participation. Other ideas to increase participation in the meetings: 1. Building relationships and trust with communities it is crucial to have police presence at community events/meetings first. Connecting with community leaders to act as bridge builders could help develop these relationships. 2. Each community has a meeting place, park, or office. Officers could post in those locations about community forums or events so that more people know about what is happening. 3. In general, police officers should do more outreach to people that are connected to the communities they are trying to reach. Word of mouth is really one of the best ways of outreach; as well as connecting with leaders in the community. 2. Hiring and Training A. Advisory Board should do exit interviews for officers leaving the police department to be able to independently ascertain the factors that led officers to leave. Any observations or recommendations should be reported back to the department. B. The Advisory Board should also participate in the hiring process to review methods of interviewing and selecting candidates. Are interviews currently panel interviews? Are scenarios provided to interviewees to help determine how they would react in certain situations? The Advisory Board could play a role in strengthening the interview process. C. Those involved in recruitment should themselves be diverse. If administrative staff need to be added to the recruitment team in order to achieve a diverse recruitment team, then do that. Potential candidates need to see that people like them are present in the department. D. We recommend that the salary offer for a Black, Indigenous, or Person of Color (BIPOC) potential candidate be increased to further incentivize strong BIPOC leadership in the department. We say this knowing that Hillsborough’s current rate of compensation is equal to or above compensation in other local jurisdictions. A further increase would demonstrate commitment to hiring diverse staff in leadership roles and put emphasis on the importance of that goal. E. There is already some racial awareness training for Hillsborough officers. More hours of this training should be made mandatory, with training content reviewed and approved by the Advisory Board. Additional recommendations 1. Support expansion of diversion and deflection efforts underway in Orange County and fully partner with these initiatives. 2. Reallocate/increase funding into establishment of accessible recreational opportunities for youth and other members of the community that are located in or accessible to areas where there are statistically higher numbers of calls for law enforcement. Draft Recommendations for the Hillsborough Police Department | 7 of 7 3. Reallocate/increase funding for community-based and community led violence prevention programs and other initiatives that increase neighborhood capacity to address harm and violence within their own communities. February 16, 2022 To: Honorable Mayor Jenn Weaver, Commissioners of Town of Hillsborough, and Members of the Mayor’s Task Force on Reimagining Public Safety First and foremost, I would like to acknowledge and thank the members of the Task Force for their efforts and work on exploring a variety of different, very complicated issues that have resulted in the recommendations they have made. Hillsborough is an amazing town, and I believe we have a very strong, professional and responsive police department that many communities should be envious of. The officers and staff who serve here work hard day in and day out to provide the highest level of service. I believe our officers are worthy of, and have made every effort to earn, the trust of the community they serve, and I think the 2019 Citizen Survey that showed an overall 91% satisfaction rate with police services reflects this. Regardless of how well we provide services, disparities for people of color exist in our data. Unfortunately, these same disparities exist in law enforcement data across our state and nation. These same disparities also exist across almost all of our other systems including the medical field, education, employment, housing and others. Exactly what is driving this, and which factors influence others is subject to significant debate. The murder of George Floyd and the subsequent unrest and distrust of policing that followed have brought this to the forefront in a way they cannot be ignored. We all want to find a solution. However, we have to be sure we are looking for solutions that actually fix the problem, not ones that simply address a symptom leaving the real problem unsolved and festering. While I do believe that there are ways we can improve our law enforcement systems and that law enforcement should be a part of the solution, I do not believe we can do it alone. It has to be a cooperative effort across all disciplines and involve the public for us to make a lasting impact. It has taken more time than I would like to respond to these recommendations, and for that I apologize. HPD did not have an opportunity to be involved in the formation of these recommendations and, as they covered a very broad range of topics, including some areas that were not part of any discussions HPD was involved in, we had to do additional research to understand some recommendations and to determine what was and was not possible. Some of the 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 recommendations still remain unclear to us, and some were outside of the purview of HPD, and as such we really cannot respond fully to them. Many are also dependent on each other, which complicates the response. It was our understanding that this response is a starting point for our discussion on these recommendations. We do not yet know how the elected officials, or our community views these recommendations. Our responses reflect our views based on our understanding of the recommendation, the efforts and practices of our agency, discussions among our staff and our feeling on the need or appropriateness of the recommendation for our town and agency. As this response is the starting point for conversation, it is critical to be clear that we are open to and seek the direction of the Town Board, even should it be counter to what we perhaps feel is the best course. In this response I have tried to duplicate (or in some cases summarize for space) the Task Force’s recommendation, and then provide a response in italics. We have done our best to respond to each item as fully as possible by including information on items, explanations of our current practices, explanations of limitations, action items that we are already doing/planning to do, and in some cases alternatives. We look forward to the discussion and additional direction on these recommendations. Respectfully, Chief Duane Hampton 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 Advisory Board Recommendation The Task force has recommended that a diverse, 5-person standing Advisory Board be established. Woven into the report, the following were suggested as possible responsibilities they felt this board could/should be tasked with: • Research into police practices and continue to issue recommendations to Board as necessary • Review community complaints regarding use of force or about other police conduct. • Review data regarding racial disparities in local policing (traffic stop data show disparities and ideally these would be eliminated) • Play a role in helping make HPD more diverse. • Consider additional policies to reimagine public safety such as alternatives to policing, educating the community about wellness and mental health resources, violence prevention, community training to help communities reduce violence without police intervention. • Suggest and/or create clearer policies about when use of force is justified. (from UoF section) • Do exit interviews (from hiring and training section) • Participate in the hiring process to review methods and helping strengthen the interview process. (from hiring and training section) Hillsborough is a unique town, and while some other communities have formed advisory boards of various types, we remain unsure that this is the best path for Hillsborough. Considering the vast number of jurisdictions cross the state and country, only a very small percentage of communities have formed any type of advisory board, and in most cases those that have are significantly larger jurisdictions. On its face, HPD has no issue with creating and having any kind of community-based group that would work with us on a regular basis, but we are not sure enough work has been done to clearly define what this group would do and what would be expected of them. Because of this, we do have some hesitation and concerns with this recommendation: • Considering our Town’s size, comparatively low volume of significant incidents of interest, existing close relationships and public access to elected officials, and already strong internal controls, we are worried that any standing group formed would not be sustainable as members would lose interest or simply not have enough to do. • The role of any advisory board, and their specific tasks would need to be clearly defined. At this point a number of things have been suggested as ideas, but they are not specific and in some cases may not be possible due to personnel law, employee privacy and other laws and restrictions. • It has not been made clear exactly what problems or issues exist in Hillsborough that this group is needed to address. Overall Hillsborough is a very safe community with an excellent police department and few significant problems, so we are not sure exactly what this group would be expected or empowered to accomplish. o We already review our uses of force to a level that is far superior to the standards used by most agencies. o We get very few complaints about officers’ conduct and performance. These are also reviewed to a level far above the standards of most other agencies. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 o Any time there has been a questionable situation involving a complaint or significant use of force details have been reported to the manager and relayed to the Town Board. In cases where termination has been recommended, details have been shared with the Board in closed session. I do not believe we could share this level of detail with an advisory group. o We are already reviewing, using and making public an enormous amount of data for an agency our size. Any requests for additional data would add a significant burden. o We already provide several public opportunities each year (a community summit and a presentation to the Board) where we share information, take questions and address concerns. • Creating and managing a standing advisory board is going to be an added workload. It is not clear who would be tasked with “managing” this group, but if it falls to the PD this will be challenging and we will have to realign responsibilities and possibly add staff to allow for enough bandwidth to handle it. • Some of the tasks proposed for an Advisory group, such as being involved in hiring and recruiting and addressing complaints, are somewhat time-sensitive processes, so involving a group that meets infrequently will potentially slow down many of those processes and cause bureaucratic problems. • We also have a concern that creating a special group may limit how much information ends up being shared broadly with the public at large, and because a group exists, other citizens who might otherwise be interested in engaging with us will defer. Should the Town Board decide to pursue forming an Advisory Board, we feel that additional work will need to be done to define what that means and what would be expected. We are not sure of the process but feel that it should still be a citizen-led effort to bring back to the Board a more specific recommendation. We would suggest either reconvening the task force with that specific and narrow mission or convening a new workgroup to accomplish this. Additionally, we feel that if some kind of advisory board is created, doing so with a broader Community Safety focus, that could consider all nature of community safety issues, not just policing, would be more beneficial to the town and hopefully provide more ways to keep members engaged. As alternatives to forming a police-specific advisory board we offer: 1. Rely on existing Town Board as the main body to oversee police operations and issues. We feel that our existing town board already provides much of the oversight that the task force would like to see. We regularly share information with them, and citizens regularly go to them with issues and complaints. We are able to frequently share information and interact with them at a level that we may not be able to do with an advisory board. 2. Form Task Forces when issues arise. Due to the infrequent nature of significant issues in Hillsborough, we could form task forces to look into problems, such as has been done in this case, when problems arise. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 3. Increase transparency and communication to the community at large. We already do a detailed annual report and have done other special reports. We are working on adding more information quarterly and exploring ways to make our entire policy manual easily accessible to the public. 4. If a Board is going to be created, consider a more broadly focused Community Safety Board. A broader focused advisory board could explore a variety of community safety and quality of life issues, as well as addressing concerns with police services. Having a broader focus and mandate could allow this group to advise the Town Board in various ways, and hopefully give them enough to focus on that they do not lose interest. HPD Action Item(s): • HPD will support and work to make a reality whatever decision the Town Board makes related to the formation (or not) of an Advisory Board. • HPD is already at work on increasing transparency in reporting and policies. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 Other Task Force Recommendations Mental Health Crisis Response Recommendations 1. Collaborate with other local jurisdictions (OCSO, Chapel Hill PD, Carrboro PD, Mebane PD) to pool funding resources and develop a coordinated, county-wide mobile mental health crisis response service. HPD is supportive of creating some kind of collaborative crisis response team as it is a resource that is sorely lacking. That said, any kind of program that is developed will have to be a cooperative county-wide effort. Hillsborough averages 1-2 mental health/crisis-related calls each week, including an average of one (1) reported “CIT Response” call a week. A large majority of these calls are simply officers serving commitment papers and transporting subjects with no issues. While the resource is needed, we do not have the volume to justify or sustain a program on our own. An Orange County Behavioral Health Task Force was created in 2019 and has been working on these issues for the past several years, including work to look at proposing some kind of county mental health facility as an alternative to hospitals. HPD has participated in this process, but real progress is largely out of our control and dependent on all the parties being engaged. HPD Action Item(s): • Continue to actively collaborate with partner organizations in support of projects related to creating a response team and/or building a behavioral health facility. • Report to the Town Board when there is progress and some estimates of cost-share funding needs are defined. 2. Increase training and ensure all officers are Crisis Intervention Team (CIT) trained. HPD supports this recommendation, however we are unsure of what more we could be doing in this area. HPD has always had a goal of having all patrol officers CIT trained and due to staffing turnover and availability of classes, this is a continual work in progress. Currently over half of the department has completed this training, including 80% of patrol. The class is 5 days and is only offered a few times each year (usually 2-3 classes a year). We do not have any control over this as it is offered by external sources. During COVID the class has not been offered at all and is only just now starting to open up in some areas. In 2021 HPD initiated getting all officers trained in Mental Health First Aid. While not as in- depth as CIT, this course provides officers with tools for interacting with people in crises and will help us bridge the gap until CIT classes become more available. Issues around dealing with people in crisis are also incorporated into various in-service trainings each year. As an agency we continue to look for new and additional trainings in this area. HPD Action Item(s): • Continue to pursue CIT training for all officers as it becomes available in Orange County and neighboring counties. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 • Continue to keep staff trained on Mental Health First Aid • Seek out additional trainings that can be located in the areas of mental health and crisis response. 3. Allocate funding to add a minimum of 1-2 social workers (or similarly trained staff) to the Town of Hillsborough This recommendation was to add these positions to the Town, outside of the Police Department, so this ultimately rests outside our purview. However, while we believe, and agree, that this recommendation is well meaning, we do not believe it is practical or appropriate for our town. Social services functions are the purview of County government, so it does not seem appropriate for the Town to step into that domain. We do not have systems, expertise or networks in place to support an entirely new functional area. We do not know if there are laws or limitations that could restrict what the town can or cannot do in this area. We also do not know if there is a volume of need that would support a position or positions considering there are already services in place. If we as a town feel that better service provision is needed, we believe we would be better served working with the existing county social services to enhance the structure we have in place. HPD Action Item(s): • HPD has no specific action items planned on this at this time, but if the Board decides to create some kind of positions, HPD will support this as best we can. HPD Alternative: • While not a direct equivalent, if the Board is interested in exploring adding new positions and structures, HPD believes exploring some kind of non-armed responded model for low-level calls for service may be a better fit and have a better overall impact for our community. Developing this kind of program would represent a significant cost (2-3 personnel and vehicles and equipment). Traffic Stop Recommendations 1. Expand current traffic stop reporting data set to include all significant citizen interactions including but not limited to public complaints, use of force incidents, marijuana arrests, community events, mental health crises, and vehicle pursuits. HPD has always worked to be as transparent as possible and has included information in the majority of these areas in both published annual reports, community presentations and in-person reports to the Board of Commissioners for many years. Data on mental health calls and marijuana enforcement have not been a part of our reporting in the past, but we have been working to develop systems so we can include these in future reporting. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 The amount of data work we have been doing has highlighted a need for better quality control of our records, and potentially a dedicated records/data manager position. Collecting, analyzing and reporting data takes an enormous amount of work, and we are limited by both staff and systems. We are a small agency and do not have anyone dedicated to just managing data and our reporting system. Over the past year we have spent an enormous number of hours doing data work, and at times this has pulled staff away from other tasks. In addition, our systems were not designed or intended to report data in many of the ways we are being asked to look at it, so it requires a lot of manual work to find and match data sets. HPD Action Item(s) • HPD is working to finalize a publicly available quarterly reporting system to address many of these areas. • HPD will continue to do annual reports and updates to the Board on many of these issues. • HPD will continue to make public presentations and host Community Summits to share information about these issues. 2. Make a commitment within the Hillsborough Police Department to not pull people over by using the traffic code as a pretext for suspect criminal behavior. Limit the investigation during a traffic stop to the reason for the stop (except for situations that pose a risk to public safety). Asking officers to narrowly limit investigations to the purpose of a traffic stop is not something we support nor do we feel that is reasonable. This is also counter to a significant amount of case law and court decisions that have been issued. While we agree that the primary purpose for an officer stopping a car should be to enforce (or educate) the operator about a violation. We also want our officers to then investigate evidence or suspicions that develop once they make contact or based on information they receive. Setting a policy where officers have to turn a blind eye to evidence and suspicions is counter to their mission. We agree with and understand the concern that officers, even with the good intention of trying to get criminals off the streets, could improperly use their ability to stop cars in a way that damages community trust. This is why it is so important for us to monitor officer behavior by analyzing traffic stop data, reviewing body worn camera footage and having a complaint process in place. From our review of body cam footage and traffic stop data, the vast majority of situations where officers investigate beyond the initial purpose of the stop occur when a clear suspicion forms after making the stop. To try and get into the officer’s head to figure out if they had suspicions before they decided to stop a car is simply not possible. There are occasions where a traffic violation provides an opportunity to investigate a situation where an officer otherwise may not have enough legal justification to make a stop. A prime example of this would be a car slowly driving through a neighborhood that has been plagued with car break-ins in the middle of the night. Absent a clear traffic violation, the reasonable 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 suspicion to stop the car is questionable, but should the vehicle have a clear violation, such as a headlight being out, the officer’s decision to stop the car would stand up to legal scrutiny. HPD Action Item(s) • HPD will continue to monitor and review officer performance internally to ensure that officers are not using their authority inappropriately. • HPD will comprehensively review any complaints received about officers exceeding their authority inappropriately. 3. Cease low level, regulatory traffic stops, such as equipment violation, expired tags, license plate light out, and broken taillight. HPD has been working to ensure that we are prioritizing moving violations over non-moving violations. We have been tracking the data and have seen a significant change in the distribution of these stops over the past year as a result of our efforts. While we do agree and support the idea of putting more emphasis on moving violations than non-moving, we do not support a policy of ceasing enforcement of specific laws. Doing so is problematic for us in a number of ways: 1. Deciding at the local level that we will not enforce certain laws that were passed and put into place by the state legislature erodes our system of government. Even if well intentioned, local governments starting to pick and choose which state laws matter and which do not, leads us down a very dangerous path. 2. Directing officers not to enforce certain laws goes against the oath officers (and elected officials) have taken to support and maintain the Constitution and laws of North Carolina. Officers are certified by the State and trained to enforce state laws, so being put in a position where they have to act contrary to their oath and that training can create professional and personal conflict. 3. Social and societal inequities will not be fixed by selectively ignoring certain laws. The law should be applied evenly, fairly and consistently across all people. Ignoring a problem will only mask it and not make it go away. While not a priority, we still believe enforcing non-moving violations has a place in HPD’s mission. Education and discretion are important tools our officers use when dealing with these issues. While we do stop people for these non-moving violations, our officers do a very good job applying those tools. HPD has put significant effort into analyzing our traffic stop data and looking at the information in different ways. We have found that while the data North Carolina collects is good, and far superior to what is collected in some states, it also is very incomplete and does not account for many things that can influence an officer’s decision to stop a car. We also found that for Hillsborough specifically, we found errors in our data and issues with consistent use of some of the reporting fields. Some of the fields are not clearly defined by the state and we could not get any guidance on what was “correct.” We have since conducted re-training for our staff and created a guide, so our reporting produces better data. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 There are a few places that have taken steps to change enforcement of these kind of violations through legislative action. HPD would fully support and comply with any legislative changes that are made. Our role is to enforce the laws that elected officials have put in place. Places that have made changes (Virginia, Philadelphia, etc) have done so very recently and there has not been time yet to understand the impacts of these changes. We believe any consideration of changes in this area should wait and give these localities time to help us understand the full implications. HPD Action Item(s): • HPD will continue to track and report comparative percentages of moving vs. non- moving violation stops. • HPD will continue to monitor traffic stop reporting and improve quality of data. • HPD will continue to put emphasis on enforcement of safety-related and moving violations over non-moving violations. • HPD will continue to monitor trends across the country and review data that is generated by jurisdictions that have made changes to their enforcement in this area. • HPD will support any legislative changes that are made. 4. Implement use of a written consent card for searches. HPD conducts very few consent searches (8 in 2021) and due to this we do not feel this recommendation is necessary. We believe that our very low reliance and use of consent searches demonstrates that we are using this tool with restraint and only in limited, appropriate situations. HPD policy does require officers to capture their request for consent and the subject’s response on their BWC. We believe this is a far superior process than any paper document as the record of exactly what and how consent was secured is available for internal review and any court proceedings. While we understand there may be a concern that people may be granting consent in an uninformed manner, this does not appear to be what is happening in our limited consent searches. If we felt that our officers were abusing consent searches, or using coercive tactics, we would not tolerate it. In most cases our consent searches result from clear articulable suspicions and are quick and handled professionally and non-confrontationally. As an additional point, almost all of the work our officers do now is electronic, so creating some kind of form that they then have to fill out and get signed and then a process to track and manage that paperwork is an added burden for something that is not a significant HPD tool Current data regarding searches is limited and incomplete in many ways and does not capture the full picture. We are continuing to monitor and gather data on searches, to better understand when, why and how officers are doing them. We are working to make this information available as part of our reporting process. As we continue to gather more information, the need for additional changes may develop and we believe should be addressed at that time. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 HPD Action Item(s): • HPD will continue to gather data on searches and report that data as part of our quarterly and annual reporting. • Routinely review consent searches to ensure officers are not engaging in coercive tactics or using consent searches inappropriately. HPD Alternative: • If the concern is making sure that persons granting consent are informed using specific language, then as an alternative to creating a written form, we would suggest creating some kind of standard language that the officers would read to people off of a card (similar to Miranda rights) and capture on their Body Worn Cameras. This would accomplish the standardization of language and not add any additional administrative burden. 5. Reallocate funding to develop resources to assist people who meet certain income eligibility criteria with fixing minor vehicle maintenance issues, as well as assistance with registration/insurance renewal payments. We also recommend that Hillsborough begin contributing support to the Orange County Criminal Justice Debt fund and expand this fund to include assistance for costs related to vehicle maintenance and registration/insurance renewal. HPD is very supportive of the idea of a program to assist people with fixing minor vehicle equipment issues. There are a few programs that exist across the country that we have looked at trying to emulate, but they have all been larger jurisdictions that have a variety of resources and partners to choose from. In 2020 we spoke with some of our auto parts stores about doing some kind of pilot program. We found that while we may have been able to work out a way for people to be able to go to them to get a bulb at no cost, the auto parts stores could not help people install it so we ended up shelving the idea. We are still open to some kind of program like this and would be willing to revisit it if the Board is supportive and willing to allocate funding. We support contributing to the Orange County Criminal Justice Debt fund. This program was started and is still managed by Chapel Hill PD. Currently only Chapel Hill PD, Carrboro PD and the Orange County Bail Bond Project contribute, and funds are only distributed to residents of those jurisdictions. The program assists people with paying court costs and fines associated with violations. This program does not provide assistance with vehicle maintenance or registration issues. I have spoken with Chapel Hill PD and while it would increase their administrative burden, they are open to our joining the project so Hillsborough residents could benefit. As a reference, Chapel Hill contributes $20,000; Carrboro contributes $7,500; and the Bail Bond Project contributed $6,000. HPD Action Item(s): • Present to the Board, if they are supportive, a request for funding to contribute to the Orange County Justice Debt Relief Fund and work with Chapel Hill PD to set up a structure to partner with them. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 • If the Board is supportive, HPD will revisit the idea of developing some kind of program to assist community members with vehicle repairs and return to the Board with a proposal and funding request within the next 6 months. 6. Cease regulatory checkpoints As with consent searches, regulatory (driver’s license) checking stations are used rarely by HPD (2 in 2020 and 1 in 2021). We believe our very limited use of this tool illustrates that HPD is using it with restraint and in an appropriate manner. Even though this is a tool we use infrequently, we do believe it can be a valuable tool and it is an option that should remain available. HPD is very conscious that this tool can be abused and takes steps to make sure that when checkpoints are done, they are not done in a manner that is discriminatory or unduly targets one segment of our population over another. All checkpoints must be approved by a supervisor and must have a written plan in place. Having unlicensed drivers on our streets is a problem and these checkpoints are a tool to help with that. In addition, these checkpoints offer additional benefits to the safety of our community as we often find subjects that are wanted, drunk driving or have weapons. These checkpoints are also a tool to help show increased police presence after a community has been victimized in an effort to reassure the community. Related to this, our officers also help other agencies (OCSO and SHP) with checkpoints they establish. Again, this is not a frequent activity, but does happen occasionally in town. Working cooperatively in support of our peers is very important to us. We are actively exploring ways to conduct more DWI focused checkpoints. These generally require more logistics and personnel than a driver’s license focused checking station but may be an option we could use instead of driver’s license checking stations. HPD Action Item(s): • HPD will continue to use regulatory checkpoints sparingly, and only at locations that do not unduly target any specific neighborhood or demographic. • HPD will explore moving away from regulatory checkpoints and instead focusing on DWI enforcement checkpoints. Use of Force Recommendations 1. Advisory Board should hear community complaints and be able to promptly respond to community members. This recommendation and some of its sub-parts are connected to the Task Force’s overall recommendation of an advisory board and our response to that has been provided. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 A.1. Current Policy is to store body camera footage for 90 days for incidents that do not end in arrest. A policy should be put in place that keeps footage involving a complaint for as long as needed for investigation. The Task Force’s understanding of our policy and practice is incomplete. Any footage that is subject to a complaint, use of force, or any potential internal process is specifically held outside of any retention guidelines until any possible reviews are completed. As soon as we become aware of a possible complaint or internal issue, recordings are set to be retained until manually deleted. It is noteworthy to point out that HPD’s decision to hold non-arrest recordings for 90 days exceeds the state records retention guidelines (30 days) and was driven by a concern that it was not unreasonable for a complaint or problem to arise after 30 days. HPD Action Item(s): None at this time as this is already standard practice. A.2. Policy should be put in place to allow an advisory board to see body camera footage. We are specifically limited by state law in this area. The statute simply does not allow us a way to share this video with any kind of advisory board absent a court order. We can disclose (allow them to view) the video to a person who is on the video or their personal representative. We can only allow them to see the portion that they are in. The recommendation suggested allowing an advisory board to act as the “personal representative” of a person so they could be granted access, but a “personal representative” is specifically defined in the statute language and could not be used in that manner. HPD has sought court orders in the past to release video, and could do so in future situations, but these would have to be addressed on a case-by-case basis and may not always be successful, especially if there is also ongoing criminal prosecution. HPD Action Item(s): None at this time. If an advisory board is created, then this can be revisited, but we believe this will only be possible with legislative changes. 2. Current use of force policy is vague. The advisory Board must suggest and/or create clearer policies about when use of force is justified. We do not understand this recommendation and do not agree. We are always open to suggestions for policy improvements, but feel our current policy incorporates the best practices of our profession, reflects current case law, includes model policy recommendations and incorporates elements that we feel make our policy stronger than many of our peers. We review this policy annually and make adjustments as needed. In addition, proper application of use of force goes far beyond just policy. Training and education are key components. Use of force situations are dynamic, unpredictable and constantly evolving. Officers have to be able to have guidelines that help them understand the boundaries they operate in and training to reinforce and help them apply those guidelines. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 It is also noteworthy that there is work being done at the state-level to look at the possibility of creating a state-wide definition of use of force and state-wide policies that all agencies could use. HPD Action Item(s): • HPD will continue to regularly review policy and practices in this area and keep up with professional trends and promising practices. • HPD will continue to educate the public on our policy and welcome public feedback. • HPD will continue to focus on policy, training and education as tools to ensure the best possible outcomes. 3. Procedures shall be developed where officers do not need to be in full tactical gear to respond to non-criminal, or non-emergency calls. This recommendation seems to stem from a singular complaint that was made to the Task Force by a citizen who did not like the look of the current external body armor carrier our officers wear. Our officers do not respond to calls in “full tactical gear” and we do not support changing from our current uniform, which includes a load bearing external carrier. We moved to the load bearing external carriers in 2019. We were sensitive to how our officers would be perceived and selected a product that blended more with our uniforms than some more tactical-looking products that were available. We then shared information about the carriers (and pictures) with the Town Board before moving forward. The decision to move to this type of carrier was made for the health of our employees. Officers carry a significant amount of equipment, and it has been documented that having the weight of that equipment on their belt can lead to back issues. The external carriers allow us to get a large portion of that weight off of their belts. We have also found that moving to this type of external carrier has been a huge morale boost. These carriers are more comfortable, and easier for officers to change in and out of. Transitioning away from them would not be well received by employees. The idea that officers can change from one uniform to another depending on the type of call is simply not practical or realistic. Officers cannot be expected to get a call, stop, make a uniform change, and then go to the call. We require our officers to wear their body armor when responding to any call. Officers operate in an uncertain world, often with limited information, and there is no way to know when they may be walking into a potentially dangerous situation. HPD Action Item(s): • HPD continues to evaluate the equipment they ask officers to carry. HPD explores new and lighter products, as well as assessing whether any items could be eliminated or made optional. • HPD will continue to explore other products that can benefit employee health, while at the same time providing a softer image. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 Hillsborough Police Procedures Recommendations 1. Police officers should be more involved in the community. A. Establish policies where officers can attend events in street clothes (off-duty), or at least dressed down. B. Meetings with various Hillsborough communities should be standard on a quarterly basis. While we respect the sentiment of this recommendation and cannot argue that one can always “do more”, we feel that HPD has, and continues, to do an amazing job of engaging with our community. Community engagement has always been a priority for HPD. This was never part of any discussion we were involved in with the Task Force, and as a result we feel it is important that the amazing work our officers do in this area be acknowledged. In 2021, in spite of COVID putting a significant damper on our activities, HPD officers spent over 450 documented hours engaging with the community in various ways including: • Delivering Meals on Wheels and food boxes to seniors several times each month. • Straw for Dogs event in January. • Classroom Visits, reading to classes, and Field trips throughout the year. • Attending and participating in community meetings and discussions such as the Orange County Human Relations discussion: Unraveling the #DefundthePolice debate: A Community Conversation (March); My Brother and Sister’s Keeper Town Hall event (June); and the One Orange public hearing for the OC racial Equity Framework (September). • Attended National Night Out events at Lory Apartments and on W. Queen St. • Hosted a block party for residents at Gateway including food, bounce houses and partner organization resources information. (August) • Attended Pollinator Garden workdays and hosted a paver painting event for kids at HPD’s pollinator garden. (June). • Regularly attend Community Watch meetings such as Fairview and Cornwallis Hills. • Attending business Grand Openings and open houses. • Participated along with other public safety personnel in the OC Dept on Aging’s “Storytime Adventure” presentation at the Passmore Center. (May) • Hosted a cupcake event for the seniors at Eno Haven. • Hosted a cookout and music event at Passmore Center in July. • Delivered flowers to various healthcare facilities to thank and recognize their staff. (July) • Presentation at Orange County Rec Summer Camp (July) • K-9 Demos • Hosted a Doggie meet and greet in plaza in front of HQ (July) • Brought HPD’s MADD vehicle to Cedar Grove family fun day. • Child passenger safety seat event at the Fairview Child and Family Center on Lawndale Av. (Sept) • Hosted a Trunk or Treat (Oct) 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 • Attended Orange Middle School Band fundraiser event • Fairview community clean up workday (Nov) • Meet and Greet at DSS (Dec) • Eno Haven door decoration contest • Winter Wonderland event in Fairview in December. In addition to the events, HPD is currently piloting a Community Response Team that is intended to focus on problem solving, bicycle patrol, community engagement and targeting specific issues such as traffic complaints. HPD Action Item(s): • HPD will continue to host, attend and participate in community events, including seeking out new and different ways to connect. • HPD will continue to support officers attending events when they are off duty, in casual clothes. • HPD will continue to develop their Community Response Team as a tool for more interaction and connection. • HPD is working to build stronger connections with various neighborhoods and develop a system of regular contact. 2. Hiring and Training This recommendation and some of its sub-parts are connected to the Task Force’s overall recommendation of an advisory board and our response to that has been provided. A. Advisory Board should do exit interviews with officers leaving the department to be able to independently ascertain the factors that led them to leave. The practicality and legality of this recommendation is likely best addressed by Human Resources. B. Advisory Board should participate in the hiring process to review methods of interviewing and selecting candidates. HPD has involved community members and elected officials in some hiring and promotional processes in the past and has no issue with doing so in the future. The main reason this has not been a sustained process is due to the sporadic nature of hiring opportunities and often time- limited nature of our hiring processes. We often have to do interviews very quickly when good candidates appear. Having to coordinate getting external participants involved can significantly slow down the process, potentially costing us a candidate. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 HPD Action Item(s): • HPD will continue to explore ways to incorporate external participants in processes when situations and circumstances permit. C. Those involved in recruitment should themselves be diverse. If administrative staff needs to be added to the recruitment team in order to achieve a diverse recruitment team then that should be done. HPD does not have any kind of dedicated recruiting staff. Our recruiting process is managed by the Chief and Administrative Lieutenant and supported by all department personnel. We do not have the resources to participate in many formal recruiting campaigns. We make every effort to highlight diversity within our limited recruiting materials. HPD Action Item(s): • HPD will continue to highlight diversity in our recruiting materials and continue to seek diverse candidates. D. Increase salary for Black, Indigenous, or Person of Color (BIPOC) potential candidates to incentivize strong BIPOC leadership in the department. The practicality and legality of this recommendation is likely best addressed by Human Resources. E. More hours of racial awareness training should be mandatory, with the content reviewed by the Advisory Board. HPD continues to include training around issues of race, diversity and inclusion annually. HPD will also be part of town-wide initiatives that are being developed. HPD Action Item(s): • HPD will continue to support and participate in Town-wide efforts to provide racial awareness training. • HPD will continue to provide training related to bias, racial awareness and fair and impartial policing to its staff. Additional Recommendations 1. Support expansion of diversion and deflection efforts underway in Orange County and fully partner with these initiatives. 127. North Churton St. Hillsborough, NC 27278 (919) 296-9500 HPD already fully supports and participates in all diversion programs that are available. HPD Action Item(s): • HPD will continue to support and utilize all diversion programs available. • HPD will include diversion efforts as part of their quarterly/annual reporting. 2. Reallocate/increase funding into establishment of accessible recreational opportunities for youth and other members of the community that are located in or accessible to areas where there are statistically higher numbers of calls for law enforcement This is outside the purview of HPD, but we would support it, though we recognize there are budgetary realities. 3. Reallocate/increase funding for community-based and community led violence prevention programs and other initiatives that increase neighborhood capacity to address harm and violence within their own communities. We believe this is outside the purview of HPD but are unsure exactly what is being recommended. We would need more information to assess if this is something feasible or practical for Hillsborough and to what extent HPD would play a role. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Governing Board Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Mayor Jenn Weaver ITEM TO BE CONSIDERED Subject: Board discussion on returning to in person meetings Attachments: None. Brief summary: In prior discussions, the board agreed to continue remote meetings while allowed under the governor’s state of emergency and reassess as trends change. Action requested: Discuss options for returning to in person meetings beginning with the March 21 Budget Retreat or to continue remote meetings through the end of March. A total of 22 staff were expected to be available virtually for the March 21 Budget Retreat. Do we want to ask same staff to attend if the budget retreat is held in person? ISSUE OVERVIEW Background information and issue summary: See above. Financial impacts: None. Staff recommendation and comments: Town manager and budget staff recommend asking only department heads and key staff to attend the March 21 Budget Retreat if held in person. For clerk’s use AGENDA ITEM: 7.D Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: Administrative Services Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Town Manager Eric Peterson ITEM TO BE CONSIDERED Subject: Hot topics for work session March 28, 2022 Attachments: None. Brief summary: Currently, there are no items that will definitely be ready for the March 28 workshop. There are a few items that might be. So, it’s possible the workshop could be cancelled depending on what items may or may not be ready. Action requested: Provide direction to staff. ISSUE OVERVIEW Background information and issue summary: N/A Financial impacts: N/A Staff recommendation and comments: N/A For clerk’s use AGENDA ITEM: 7.E Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: March 14, 2022 Department: All Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Department Heads ITEM TO BE CONSIDERED Subject: Departmental Reports Attachments: Monthly departmental reports Brief summary: N/A Action requested: Accept reports ISSUE OVERVIEW Background information and issue summary: N/A Financial impacts: N/A Staff recommendation and comments: N/A For clerk’s use AGENDA ITEM: 8.C Consent agenda Regular agenda Closed session Administrative Services Report February 2022 Budget • Budget & Management Analyst Josh Fernandez started February 21. • FY23 Budget Retreat scheduled for Monday, April 21 at 7pm. Communications • Branding rollout ― Worked on swag project and with graphic designer on additional needs, checked proofs, created or assisted with new templates, updated documents. • Town materials ― Worked on March print newsletter, translation of billing and collections documents. • Website ― Updated pages, including Code Enforcement, COVID-19 (Coronavirus), FAQ: Utility Billing and Payments Platform, Financial Services, Water and Sewer Billing and Collections. • Within Administrative Services ― Filled budget and management analyst position (start date Feb. 21) with 10 hours weekly dedicated to Communications. Attended Racial Equity Institute groundwater training as refresher in advance of debriefing session with operations team (manager). Attended agenda platform software demonstration (manager and specialist). • Utilities outreach ― Worked on base utilities communications plan, setting outreach priorities with Water and Sewer Advisory Committee, investigating outreach partnerships, updating payments platform, and updating/creating utilities materials, including hydrant flushing and chlorine cleanout videos and irrigation regulations/811 “call before digging” insert. • Other ― Created examples of pride, U.S. flag and Hillsborough banners. Fleet Maintenance • None. Human Resources/Town Clerk • Biweekly payrolls • Market Rate Salary Adjustments • Quarterly Employee Newsletter • 2021 General and Program Records Retention and Disposition Schedule Updates • REI Groundwater training and debrief for Ops. Team (2/24/2022 & 3/2/2022). RECRUITMENT AND SELECTION Position Status Budget and Management Analyst Position filled; start date: 2/21/2022. Civil Engineer Recruitment open until filled. Customer Service Representative Recruitment closes 3/9/2022. Equipment Operator Position filled; start date: 2/14/2022. Human Resources Analyst Position filled; start date: 2/14/2022. Lead Utilities Inspector Recruitment open until filled. Police Officer Continuous recruitment. Utilities Inspector Recruitment open until filled. Utility Maintenance Technician I, II, or III Recruitment open until filled. Utility Systems Mechanic trainee, I, II, or III Recruitment open until filled. Administrative Services Report | 2 Information Technology • IT will be conducting security awareness training. Virtual training sessions will be offered March 22, March 23, and April 6. Sign up information coming soon. • Laserfiche Cloud Migration – IT and Laserfiche have been conducting prep work and troubleshooting over the past few weeks to ensure a smooth transition with minimal to no downtime of our Laserfiche data from on-premise to the cloud. Tentative migration date set for Monday, March 14. Safety and Risk Management • Inspections ― Completed inspections at Gold Park, Turnip Patch Park, Murray Street Park, Hillsborough Heights Park and Cates Creek Park and forwarded recommendations (work orders). Forwarded safety inspection results to departments. • Random drug screens ― On target for 1st quarter random FMCA drug screens and completed pre-hire drug screens • Safety Committee ― Working on completion of incident reviews and working on inspection requirements with Safety Committee members. • Safety equipment ― Stocked/distributed/ordered safety gear, distributed updated safety wear, • Other ― Worked on budget preparations, employee training schedule, workers compensation claims, and general duties concerning Highway 86 building renovation and collected fire extinguisher monthly check sheets. Planning and Economic Development Division Report February 2022 FY 22 Revenues Collected Planning & Review Fees $42,532.51 (85% of budget) Data is through February 28, 2022 for both permits and Certificates of Occupancy. Data for completed developments has been removed but totals still reflect all previous activity. Hillsborough Police Department Monthly Report February 2022 REPORTED OFFENSES - UCR Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2022 2021 2020 Part I Offenses Homicide 0 0 0 1 0 Rape 1 0 1 0 2 Robbery 0 1 1 5 6 Aggravated Assault 1 1 2 19 17 Burglary 2 5 7 31 20 Larceny/Theft 34 50 84 288 326 Motor Vehicle Theft 2 1 3 8 18 Total Part I 40 58 0 0 0 0 0 0 0 0 0 0 98 352 389 Other Offenses 2021 2021 2020 Simple Assault 7 8 15 108 109 Fraud/Forgery 4 4 8 29 24 Stolen Property 1 0 1 10 19 Damage to Property 7 13 20 144 97 Weapons Violations 2 2 4 18 26 Sex Offences 1 0 1 4 2 Drug Violations 9 4 13 88 125 Driving While Impaired 2 1 3 45 40 Liquor Law Violations 0 0 0 9 11 Trespassing 0 0 0 30 31 Domestic Related 9 12 21 134 133 Missing Persons 0 0 0 7 6 Summary of Select Offenses: On 02/01/2022, a Breaking and Entering were reported to a shed at 348 Elizabeth Brady Rd., OE Enterprises. The reporting party advised the shed, valued at $1000.00, and a couple work vehicles were entered and rifled through, but nothing was missing. There was damage to a window and AC unit. On 02/01/2022, a Breaking and Entering and Larceny to storage units and campers and trailers at 346 Elizabeth Brady Rd., Hillsborough Self Storage. On 02/01/2022, a Larceny of a Motor Vehicle was reported in 430 Waterstone Dr., UNC Hospital. The owner left the vehicle locked and secure and when they returned the vehicle was missing. The vehicle is valued at $10,000.00 and the personal property left in the vehicle is valued at $375.00. On 02/05/2022, a Breaking and Entering and Larceny to a storage unit was reported at 640 Valley Forge Rd., Hillsborough Storage. There were 12 victims that had the following items taken: $1,000.00 motorcycle, $500.00 in cookware, $1,660.00 in tools and accessories, $60.00 in padlocks were taken. On 02/12/2022, an Aggravated Assault was reported in the 200-block of Daye St. The victim advised that a domestic became physical when a friend of one party assaulted them. While officers were on scene, they received conflicting information to a larceny and assault and no injuries were seen. Parties were separated. This incident is under investigation. Hillsborough Police Department Monthly Report February 2022 On 02/22/2022, a False Imprisonment and Assault were reported in the 900-block of Patriots Pointe Dr. Officers responded to a call that there were reportedly people being held against their will in the apartment and they were assaulted with hot water and a pumpkin was thrown at them, and that a knife, bat and pepper spray were involved. Upon arrival officers located several adults and a baby locked in a room, and other adults in the apartment. All had conflicting stories and no injuries were seen. On 02/23/2022, a Breaking and Entering and Larceny to an unlocked shed were reported in the 500-block of Forrest St. The victim advised that sometime this year all of her yard tools were taken, total cost was $575.00. On 02/23/2022, an Armed Robbery was reported at 400 S. Churton St., McDonald’s. The reporting party advised that a subject came to the drive through and ordered food, once the cashier opened the drawer the subject pointed a handgun at the victim and asked for the money. The cashier ran off and the subject climbed through the window taking all the cash. This incident is under investigation. On 02/28/2022, a Larceny of a Motor Vehicle was reported in the 300-block of Hampton Pointe Blvd. The owner had accidentally left a spare key inside the vehicle, valued at $15,000.00. The owner contacted OnStar who tracked the vehicle heading towards Durham. With OnStar tracking the vehicle and giving live updates to Durham Police, they were able to locate the vehicle in a parking lot. Officers charged Tyler Charles Picariello, (w/m, 27, of Asheville) with Felony Possession of a Stolen Motor Vehicle, Durham Police arrested him, and he was given a $2,000.00 unsecured bond. Hillsborough Police Department Monthly Report February 2022 50 Larcenies were reported at various locations including: • 14 larcenies were shoplifting related incidents at Hampton Pointe- Walmart. • 5 larcenies from business were reported– 1 at 909 W. King St., Country Markets Tobacco, where a subject took $1,080.00 and the business later declined charges. 2 at 500 S. Churton St., Circle K 1 where 4 packs of water valued at $23.96 were taken. 1 where $11.95 in alcohol was taken. 1 at 1990 S Nc 86, Sheetz, where a carton of cigarettes and a drink valued at $79.98 were taken. • 13 Larcenies from Locked Vehicles was reported– 2 in the 300-block of Elizabeth Brady Rd. where a window was broken valued at $250.00, two purses valued at $120.00 each, $70.00 in cash, $200.00 air Pods, $50.00 car key, a checkbook and uncashed check, two credit cards used for a total of $1,014.04. An iPhone valued at $399.00 was taken and recovered. 1 in the 2300-block of Summit Dr. where a $50.00 backpack containing a laptop, Apple watch, and college textbook valued at $1,625.00 was taken and caused $500.00 in damages. 10 vehicles in Patriots Pointe where the following items were taken: $200.00 Bluetooth speaker, $5.00 phone cord, $100.00 boots, $200.00 purse, $50.00 in jewelry, $80.00 in cash, $200.00 shoes, a checkbook and various cards were taken. Also taken were a $500.00 socket set, covid vaccination card, and prescription all of which were recovered. • 2 Larcenies from Unlocked Vehicles were reported– 1 in the 100-block of Murdock Rd. where $400.00 in tools and a $100.00 golf putter were taken. 1 in the 500-block of Lafayette Dr. where a purse and backpack valued at $130.00 were taken and recovered. • 3 Catalytic Converters were taken/attempted– 2 at 231 S Churton St., U-Haul, where a $400.00 catalytic converter was taken, and another was attempted. 1 in the 400-block of Calvin St. where a $1,000.00 catalytic converter was taken. Narcotics/weapons related incidents: • During the month of February, Officers recovered small amounts of marijuana, cocaine, crack cocaine, prescription medications, paraphernalia, and three handguns. Public Works Report: February 2022 Work Orders 27 completed within two days Public Spaces 70 staff hours Cemetery 3 graves marked Stormwater Maintenance 45 staff hours, 12 linear ft Training 2 staff attended Excavation Safety Training Asphalt 3 potholes repaired 101 E. Orange St., Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov Utilities Department Status Report for March 2022 (covering previous month) PROJECT/CATEGORY STATUS WTP The vendor is assessing filter 2 right now. So far it appears like there is broken caps and sand infiltration. This should be less cost than expected to repair. The WTP has been experiencing electrical issues seemingly occurring after the generator exercises weekly under load. The generator vendor made some adjustments and the last time of exercise nothing in the WTP tripped out or quit working. Hopefully problem solved. West Fork of the Eno Reservoir The reservoir is at 37.4 feet as of 2/24. The new Phase 2 normal pool elevation is 53 feet. The releases met or exceeded the minimum required release. Lake Orange has been lowered for dam work. Lake Ben Johnson is spilling. We will be speaking with someone about the regrowth around the reservoir previously cleared for the new Phase 2 pool elevation. Due to a delay in starting the project due to the pandemic, the area may need additional clearing to prevent sediment from accumulating in the reservoir when it is filled. The Director is looking at updating the 20-year-old level and flow controls at the site. WFER Phase 2 Construction Project Outstanding is one final pay app for the road project just to release retainage. Need to transfer easements and right of way to NCDOT. Water Restrictions None. WWTP The WWTP failed its Whole Effluent Toxicity testing for the quarter. Staff is investigating why and has already begun the failed test protocol, which is more testing. A Notice of Violation will be issued. Funding Opportunities The FEMA BRIC applications for River Pumping Station and a water booster station were finalized and submitted to the state. In turn, the state included them in their submittal to the feds on January 25th or thereabouts. We will not hear of the selection results until early summer 2022. The town also submitted letters of interest for these two projects to the Hazard Mitigation Grant Program as backup. If invited to submit a full application, we will do so. The town is also working with TJCOG on available grant funding opportunities. Routine meetings are scheduled and TJCOG will send us grant opportunities that potentially match our capital project needs. Last meeting was 2/22. The Director is keeping abreast of typical funding opportunities for water and sewer needs including State Revolving Funds (SRF) and American Rescue Plan Act (ARPA). A discussion was held and initial scope from a consultant has been received to assist in prioritizing various projects. May 2 is the spring deadline for SRF and ARPA applications. Town of Hillsborough | 2 The town is participating in the Low Income Household Water Assistance Program (LIHWAP). Collection System Modeling and Lawndale Evaluation We are leaning towards using allocated ARPA funds for the Lawndale rehabilitation effort. Development and Town Project Activity There has been annexation letters of interest presented or on deck for the board to consider for parcels around Waterstone. A charter school has initially requested capacity. State statute requires us to hold it for two years IF it is available. Additional information requested on this project. There remain increased inquiries on smaller parcel development within our service area, in and out of town. Staffing The Utilities Department is still seeking a civil engineer and two inspectors. 2nd interviews were held with two potential engineer candidates. Director needs to contact inspector candidates. Water and Sewer Advisory Committee (WSAC) Activities WSAC in-person meetings have been cancelled during the COVID-19 pandemic. Two applicants for the in-town member position were interviewed. One will be put forth to the board for appointment. Also, a joint meeting schedule with the BOC will be determined. Engineering and Finance Policy Director is working on code and specification revisions. WSAC is asked to discuss policy for billing pool filling, forgiving homeowner water waste and other unique circumstances. The board approved in February to cease making taps. Director working on formal rollout protocol and handling each request on case by case until then.