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HomeMy Public PortalAbout05-09-22 Agenda Regular Meeting 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov BOARD OF COMMISSIONERS AGENDA | 1 of 2 Agenda Board of Commissioners Regular meeting 7 p.m. May 9, 2022 Board Meeting Room of Town Hall Annex, 105 E. Corbin St. 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 A. Proclamation – Hedgehogs Day B. Proclamation – Police Week and Peace Officers’ Memorial Day C. Orange County Transit Plan D. Comprehensive Sustainability Plan Update and Public Outreach Plan 5. Appointments Tourism Board — Reappointment of Cathleen Turner for a term ending May 9, 2024 6. Items for decision ― consent agenda A. Minutes 1. Regular meeting April 11, 2022 2. Regular meeting closed session April 11, 2022 3. Work session April 25, 2022 4. Work session closed session April 25, 2022 B. Miscellaneous budget amendments and transfers C. Fiscal Year 2022 Fee Schedule Amendments D. American Rescue Plan ordinance and budget amendments E. Water Treatment Plant Filters Repair/Rebuild project ordinance and budget amendments F. Special Event Permit: Fleet Feet BIGRUN5K G. Special Event Permit: Expedition School Field Day H. Ordinance to amend Town Code Section 14-57(b) regarding utilities extensions I. Proclamation – Memorial Day 2022 J. Information – legal description corrected in annexation ordinance for Valley Forge Road K. Ordinance to amend Town Code to add appendix 7B to establish right of way encroachment standards L. Authorization to discontinue franchise agreement for commercial solid waste collection BOARD OF COMMISSIONERS AGENDA | 2 of 2 7. Items for decision ― regular agenda A. Letter of interest for contiguous annexation – Waterstone South B. Fiscal Year 2023 Manager’s Recommended Budget Presentation C. Amplified Noise Ordinance Update 8. Updates A. Board members B. Town manager C. Staff (written reports in agenda packet) 9. Closed session (tentative) A. Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(3) to consult with the town attorney to preserve the attorney-client privilege (potential litigation) B. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (a)(6) regarding personnel matters 10. 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. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 2022 Department: Governing Body Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Mayor Jenn Weaver ITEM TO BE CONSIDERED Subject: Proclamation – Hedgehogs Day Attachments: Proclamation Brief summary: See below. Action requested: Adopt proclamation recognizing May 9, 2022, as Hedgehogs Day in Hillsborough. ISSUE OVERVIEW Background information and issue summary: The Orange County Schools FRC Team 587 was formed by two Orange High School teachers, Nina Morley Daye and Alice Sy, and competed as The Beast and Concentrated Entropy until 2008 when they became “The Hedgehogs. The Hedgehogs robotics team is comprised of almost forty students from Orange High School and Cedar Ridge High School in Orange County, NC, and they have met and practiced for many months to build and perfect their robot “Free Fall”. On April 10, 2022, the Hedgehogs won the FIRST ® North Carolina State Championship, a thrilling victory that brought pride and elation to our whole community. FIRST ® Robotics Competition is a team competitive event that promotes problem solving, perseverance, and teamwork. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 4.A Consent agenda Regular agenda Closed session PROCLAMATION In Recognition of Hedgehogs Day May 9, 2022 WHEREAS, FIRST ® Robotics Competition is a team competitive event that promotes problem solving, perseverance, and teamwork; and WHEREAS, the Orange County Schools FRC Team 587 was formed by two Orange High School teachers, Nina Morley Daye and Alice Sy, and competed as The Beast and Concentrated Entropy until 2008 when they became “The Hedgehogs”; and WHEREAS, the Hedgehogs robotics team is comprised of almost forty students from Orange High School and Cedar Ridge High School in Orange County, NC, and they have met and practiced for many months to build and perfect their robot “Free Fall”; and WHEREAS, on April 10, 2022, the Hedgehogs won the FIRST ® North Carolina State Championship, a thrilling victory that brought pride and elation to our whole community; and WHEREAS, the Hedgehogs then traveled to Houston, Texas for the World Championships to compete as one of 450 teams, and while not victorious, did bring home the Imagery Award in honor of Jack Kamen for the Newton field, an award celebrating attractiveness in engineering and outstanding visual aesthetic integration of machine and team appearance. In support of this award, the judges said, "Vivid, bright colors from pit to shirts will draw out even the most nocturnal of creatures. They have an innovative approach to meeting the robot weight requirements while keeping their theme firmly imprinted. After SONIC, they are our favorite Hedgehogs”; and WHEREAS, robotics is about more than robots, as proven not just by the comradery and teamwork demonstrated so beautifully by the Hedgehogs, but by the way the Hillsborough and Orange County community were captivated by the team’s progress and accomplishments, cheering for the Hedgehogs all the way; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim May 9, 2022, as Hedgehogs Day in the Town of Hillsborough. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 9th day of May in the year 2022. Jenn Weaver, Mayor Town of Hillsborough AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 2022 Department: Police Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Police Chief Duane Hampton ITEM TO BE CONSIDERED Subject: Proclamation – Police Week and Peace Officers’ Memorial Day Attachments: Proclamation Brief summary: See below. Action requested: Adopt proclamation in support of Police Week and Peace Officers’ Memorial Day. ISSUE OVERVIEW Background information and issue summary: Since 1786, more than 22,000 law enforcement officers have lost their lives while performing their duties, including 594 in North Carolina. The 87th Congress passed Public Law 87-726, a Joint Resolution authorizing the president to proclaim May 15th of each year as Peace Officers’ Memorial Day, and the calendar week during which May 15th occurs as Police Week; this was signed into law by President John F. Kennedy on October 1, 1962 Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 4.B Consent agenda Regular agenda Closed session PROCLAMATION Police Week and Peace Officers’ Memorial Day May 15-21, 2022 WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Hillsborough Police Department; and WHEREAS, on April 29, 1786, Sheriff Benjamin Brach of Chesterfield County, Virginia, became the first law enforcement officer to die in the line of duty in the United States; since then, more than 22,000 law enforcement officers in the United States have paid the ultimate price during the performance of their duties, including 594 in North Carolina; and WHEREAS, over 50,000 assaults against law enforcement officers are reported each year, resulting in approximately 17,000 injuries; and WHEREAS, the 87th Congress passed Public Law 87-726, a Joint Resolution authorizing the president to proclaim May 15th of each year as Peace Officers’ Memorial Day, and the calendar week during which May 15th occurs as Police Week; this was signed into law by President John F. Kennedy on October 1, 1962; and WHEREAS, the members of the Hillsborough Police Department play an essential role in safeguarding the rights and freedoms of our residents, they protect the innocent against deception and the weak against oppression, they unceasingly provide a vital public service without which our town would not enjoy the peace and liberty that we so dearly value; and WHEREAS, it is important that all citizens know and understand the duties and responsibilities of our law enforcement officers and acknowledge the hazards and sacrifices that are a fundamental aspect of their profession; THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim May 15-21, 2022 as “Police Week” and call upon all organizations and residents to commemorate law enforcement officers, past and present, who have rendered dedicated service to their communities. NOW, THEREFORE, I proclaim Sunday, May 15, 2022 as “Peace Officers' Memorial Day” and call upon all residents of Hillsborough to honor those law enforcement officers who made the ultimate sacrifice in service to their community or became disabled in their performance of their duty. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 9th day of May in the year 2022. Jenn Weaver, Mayor Town of Hillsborough AGENDA ABSTRACT: Item to be considered | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 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: Orange County Transit Plan Attachments: 1. Presentation slides 2. Memo highlighting plan 3. Memo highlighting process Brief summary: Orange County Transportation Planning Staff and the consultant team working on the update to the Orange County transit plan will provide an update on the plan revision process. Action requested: Receive report and provide feedback. ISSUE OVERVIEW Background information and issue summary: Financial impacts: Staff recommendation and comments: Commissioner Bell served on the policy steering committee. Staff attended as time allowed. For clerk’s use AGENDA ITEM: 4.C Consent agenda Regular agenda Closed session 5/2/2022 1 HILLSBOROUGH BOARD OF COMMISSIONERS UPDATE ORANGE COUNTY TRANSIT PLAN UPDATE MAY 9, 2022 PROJECT TEAM Project Manager:Caroline Dwyer, AICP cdwyer@citiesthatwork.com 919-636-5032 x 401 1 2 5/2/2022 2 AGENDA Project Overview & Schedule Transit Plan: What’s included? Engagement Projects Conceptual Transit Vision Map Plan Documentation Next Steps PROJECT OVERVIEW & SCHEDULE PLAN ADOPTION Analysis & Network Development Outreach & Engagement Spring Summer Fall Winter Summer Fall Winter-Spring Fall 2020 2020 2021 2021 2021 2021 2022 2022 • Public Input • Policy Steering Committee(PSC) • Transit Service Providers • Policy Steering Committee(PSC) • Transit Service Providers • Public Input • Policy Steering Committee(PSC) • Transit Service Providers • Existing Plans •Growth Trends • Ridership Needs • Funding • Conceptual Transit Scenarios (2) • Proposed Draft Transit Network •Final Transit Network & Plan 3 4 5/2/2022 3 TRANSIT PLAN UPDATE: WHAT’S INCLUDED? •Programmed projects are carried over:capital investments and service improvements in previously adopted transit plans (2012, 2017) excluding LRT •New projects:capital investments and service improvements) funded with unallocated transit tax revenues ENGAGEMENT TWO PHASES Phase 1 (Fall 2020) • Goal - Identify Needs & Priorities • Methods: Virtual Transit Summit, online survey Phase 2 (Winter/Spring 2022) • Goal - Vet Proposed Projects • Methods: Virtual focus groups, online survey, pop ups at transit stops 5 6 5/2/2022 4 PROJECTS: SELECTION • Funded using projected transit tax revenues (rather than taking on debt) • GoTriangle financial model forecasts used to determine available future revenues • Already-programmed capital and service improvements are included in expenses PROJECTS: SELECTION For each potential project, we considered: 1. Is the project identified as an unfunded or emerging priority by transit service providers? 2. Does the improvement meet needs expressed by public? 3. Does the improvement reflect values identified by PSC?Equity, environmental sustainability, economic prosperity, affordable and attainable quality of life, transportation and access for all 4. Does the project support the conceptual transit vision or fill a regional connectivity gap? 7 8 5/2/2022 5 INCLUDED PROJECTS: SERVICE ANDCAPITAL IMPROVEMENTS Transit Project/ Service Net New Revenue Hours Additional peak vehicles Service Improvements Chapel Hill Transit CW: Improve weekday midday service to 30 minutes. 1,500 0 Chapel Hill Transit HS: add weekend service with 1 bus (70 min frequency) (8 am until 6:30 pm) 1,177 0 Orange County Public Transportation Mobility-on-Demand Service 3,200 0 Chapel Hill Transit NS: Improve morning peak frequency to every 6 minutes. Provide Saturday service until 11 PM and Sunday service until 9 PM. 2,300 3 US 15-501 Project Bundle GoTriangle 400/405: Consolidate into one patternvia Manning Dr to Carrboro and Jones Ferry Park and Ride. Schedule effective 15-minute service midday, and improved Sunday and evening service. 20,067** 2** Chapel Hill Transit D: Extend service to Patterson Place and provide Saturday service until 9 PM. 5,300 1 Chapel Hill Transit J: Improve morning peak frequency to every 10 minutes and offer 15-minute service until noon. Provide Saturday service until 11 PM and Sunday service until 9 PM. 3,200 2 Capital Improvements Fordham/Ephesus Church Improvements (400/D/F Connection) Fordham/Manning Queue Jump and Shoulder Running Improvements *By amendment to FY23 Work Plan **Half of these revenue hours and costs are assumed to be shared with Durham County. CONCEPTUAL TRANSIT VISION MAP • Represents aspirational, currently unfunded, longer-term transit investments • Transit plan document will explicitly connect proposed investments/ projects to future transit corridors 9 10 5/2/2022 6 Constants Value OperatingCost Annual Inflation Factor 2.50% Current cost of OPT per hour $68.00 Current cost of GoT per hour $133.70 Current cost of CHT per hour $118.00 Cost of vehicle $560,000 Transit Project/Service Ops (Annual) Cost Capital Cost Impl. Year Service Improvements Chapel Hill Transit CW: Improve weekday midday service to 30 minutes. $181,425 N/A FY23 Chapel Hill Transit HS: add weekend service with 1 bus (70 min frequency) (8 am until 6:30 pm) $152,326 N/A FY23* Orange County Public Transportation Mobility-on-Demand Service $228,616 FY24 Chapel Hill Transit NS: Improve morning peak frequency to every 6 minutes. Provide Saturday service until 11 PM and Sunday service until 9 PM. $299,575 $1,855,583 FY26 US 15-501 Projects (GoTriangle 400/405;Chapel Hill Transit D; Chapel Hill Transit J) $2,489,481** $2,748,477** FY29 Capital Improvements Fordham/Ephesus Church Improvements (400/D/F Connection) N/A $6,000,000 FY26-28 Fordham/Manning Queue Jump and Shoulder Running Improvements N/A $6,000,000 FY26-28 *By amendment to FY23 WorkPlan **Half of these revenue hours and costs are assumed to be shared with Durham County. IMPLEMENTATION PLAN DOCUMENTATION • Transit equity – woven throughout the plan, in all sections • Executive summary (also functions as a standalone document describing the plan update and projects) • About the Plan • Purpose, values, and goals • Key players and parties • Planning history and process, including engagement • Regional and County Snapshots • Socioeconomic drivers • Spatial trends and dynamics • Transit inventory and performance • Project Descriptions • Unfunded Priorities/Projects • Budget, Implementation Plan,and Schedule • Next Steps 11 12 5/2/2022 7 NEXTSTEPS • Project updates to Boards and Commissions (April-May 2022) • Completion of draft Orange County Transit Plan Update Documentation (April 2022) • Final Policy Steering Committee Meeting (May 20, 2022) • Receive PSC comments and feedback (until June 3, 2022) • Final Orange County Transit Plan Update documentation (6/30/22) • Orange County Transit Plan Update approval and adoption (Fall 2022) QUESTIONS &COMMENTS On behalf of the project team, we thank you for your time and consideration. Renaissance Planning Project Manager Caroline Dwyer, AICP cdwyer@citiesthatwork.com 919-636-5032 x 401 13 14 1 May 9, 2022 To: Members of the Town of Hillsborough Board of Commissioners From: Caroline Dwyer, AICP, Project Manager, Renaissance Planning Re: Update Memo for the Orange County Transit Plan Update Background In 2012, the Orange County Board of County Commissioners (BOCC), the Durham-Chapel Hill Carrboro Metropolitan Planning Organization (DCHC MPO), and GoTriangle adopted the Orange County’s first comprehensive Transit Plan allocating the Article 43 Half-Cent Sales Tax dedicated to funding public transportation improvements in Orange County. The 2012 plan included investments in new and expanded bus service and capital projects such as the Chapel Hill North-South Bus Rapid Transit (N-S BRT), the Hillsborough Train Station, and the Durham-Orange Light Rail Transit (D-O LRT) project connecting employment, education, and health care centers in Durham and Chapel Hill. The Orange County Transit Plan was last updated in 2017 to adjust financial projections and cost share information related to the D-O LRT. The subsequent discontinuation of D-O LRT in 2019 compelled the need for an additional update of the Orange County Transit Plan to confirm transit-related priorities and projects in Orange County, and to reallocate revenues collected through the County’s half-cent transit sales tax. Renaissance Planning was selected in 2020 to lead the team developing the Orange County Transit Plan Update. Team members include internationally-recognized transit planning firm Jarrett Walker & Associates (JWA) and the equity and inclusion experts at McClaurin Solutions. The project encompassed two main phases of planning. In Phase 1, the consulting team introduced key transit planning concepts and framed investment decisions within community values generating two conceptual transit scenarios (a high-ridership focused scenario and a geographic coverage-focused scenario). The project’s second phase proposed a set of projects aligned with community values and priorities to include in the Plan update. These projects were thoroughly vetted with transit service providers, key stakeholders, the public, and the Plan’s Policy Steering Committee (PSC). A plan and schedule for project implementation was also created. The Transit Plan Update also includes a conceptual transit vision map in addition to projects that can be funded using transit tax revenues. The conceptual vision shows longer-term, regional, capital projects, such as bus rapid transit routes, that will require substantial funding support beyond what is generated through the County transit tax and close cooperation between regional partners. Figure 1 Project Tasks Attachment 1 2 The Orange County Transit Plan Update has eight primary tasks and numerous subtasks (Figure 1). The consulting team has completed seven of the eight tasks. Remaining tasks include drafting the plan’s documentation and providing updates on the project to the BOCC, GoTriangle, Town of Chapel Hill, Town of Carrboro, and the Town of Hillsborough; an update was delivered to DCHC MPO in March 2022. Durham County is also currently updating their transit plan, and both counties plus DCHC MPO and GoTriangle are in the process of updating the governance plan underlying regional decisions and investments requiring joint cooperation, cost-sharing and more. The final Orange County Transit Plan Update documentation will be completed by the end of June. Plan approval and adoption will be conducted in the fall of 2022 to accommodate the ongoing governance plan update and the need to coordinate approval and adoption processes with multiple parties (Figure 2). The remainder of this memo describes: x Funding assumptions x Outreach and engagement x Transit projects included in the update x Conceptual transit vision map x Outline of transit plan documentation. Project Outreach and Engagement Phase 1: Identify Needs & Priorities The first phase of project outreach and engagement was conducted during the fall of 2020. Opportunities to participate included a virtual Transit Summit and a public survey. A more robust program of outreach and engagement was originally planned but had to be scaled back due to the emerging COVID-19 pandemic and related uncertainties. The Transit Summit was held on October 1, 2020 from 5-8 PM via Zoom. Participants were asked to pre-register and simultaneous translation (English/Spanish) was provided. Over ninety people registered and 58 participated during the event. The Summit featured lots of questions and answers and live polling; a recording is available on www.octransit2020.com. An online survey was also conducted during the month Figure 2 Project Schedule 3 of September 2020. Over two hundred individuals responded, 93% of whom live and/or work in Orange County and 62% who currently ride transit. The survey asked key questions to help guide investment decisions such as whether Orange County should prioritize investments on routes with higher ridership or if the County should prioritize expanding service to areas that don’t currently have transit available, even if ridership is lower. The highest percentage of respondents (40%) indicated they thought service should be balanced between higher ridership and higher coverage service, even if it means less service overall. Respondents also indicated a preference for: x More service on Saturdays/weekends (most frequent request for improved service) x Longer service hours (i.e., earlier in the morning and later in the evening) x More frequent service/ less wait time between buses x More amenities at transit stops (benches, shelters, lighting) x More accessible information about routes and vehicle arrival times at stations/ stops The feedback from this first round of engagement directly informed the identification of the projects proposed for the Transit Plan Update. Phase 2: Vet Proposed Projects The second phase of outreach and engagement for Orange County’s Transit Plan Update focused on gathering feedback on the draft proposed transit projects and a conceptual transit vision plan, guiding future investments. Outreach was conducted both in-person and online, in English and in Spanish, to maximize visibility and accessibility. In-person outreach prioritized key transit corridors and stops, which were identified with input from contacts at GoTriangle, Chapel Hill Transit, Orange County Public Transportation, and the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization. Several methods were used to gather feedback including direct discussions with transit service providers and key stakeholders; two (2) virtual focus group discussions; an online survey (in English and Spanish); and in-person pop-ups at transit stops. Mobility on Demand (MOD) improvements received the strongest support out of the proposed service improvements. Overall, more respondents expressed stronger support for infrastructure projects compared to service improvements. Comments indicate a desire to strengthen regional connections and to prioritize equity considerations with any future projects. The feedback gathered during this phase helps County staff and the planning team prioritize new transit investments, fund transit service improvements, and improve the resiliency of the transit network in Orange County and directly informed the recommendations for the draft plan and conceptual transit vision. 4 New Investments in Transit Seven (7) transit improvement projects are proposed for the Orange County Transit Plan Update. Two (2) are capital investments and five (5) are improvements to existing service. These projects are summarized below, including net new revenue hours and vehicles required to support service improvements (Table 1). Transit Project/Service Net New Revenue Hours Additional peak vehicles Impl. Year Operations (Annual) Cost Capital Cost Service Improvements 5 Chapel Hill Transit CW: Improve weekday midday service to 30 minutes. 1,500 0 FY23 $181,425 N/A Chapel Hill Transit HS: add weekend service with 1 bus (70 min frequency) (8 am until 6:30 pm) 1,177 0 FY23* $152,326* N/A Orange County Public Transportation Mobility-on- Demand Service 3,200 0 FY24 $228,616 Chapel Hill Transit NS: Improve morning peak frequency to every 6 minutes. Provide Saturday service until 11 PM and Sunday service until 9 PM. 2,300 3 FY26 $299,575 $1,855,583 US 15-501 Project Bundle GoTriangle 400/405: Consolidate into one pattern via Manning Dr. to Carrboro and Jones Ferry Park and Ride. Schedule effective 15- minute service midday, and improved Sunday and evening service. 20,067** 2** FY29 $1,594,591** $2,748,477** Chapel Hill Transit D: Extend service to Patterson Place and provide Saturday service until 9 PM. 5,300 1 $446,042 Chapel Hill Transit J: Improve morning peak frequency to every 10 minutes and offer 15-minute service until noon. Provide Saturday service until 11 PM and Sunday service until 9 PM. 3,200 2 $448,848 Capital Improvements Fordham/Ephesus Church Improvements (400/D/F Connection) N/A N/A FY 26-28 N/A $6,000,000 Fordham/Manning Queue Jump and Shoulder Running Improvements N/A N/A FY 26-28 N/A $6,000,000 *By amendment to FY23 Work Plan **Half of these revenue hours and costs are assumed to be shared with Durham County. Table 1 Project Summary To select projects, the following questions were considered: x Is the project identified as an unfunded or emerging priority by transit service providers? x Does the improvement meet needs expressed by public? x Does the improvement reflect values identified by PSC? (Equity, environmental sustainability, economic prosperity, affordable and attainable quality of life, transportation, and access for all) x Does the project support the conceptual transit vision or fill a regional connectivity gap? 6 Accessibility analyses were used to assess the potential impacts of proposed projects by location, by job type, and by a variety of sociodemographic characteristics, as measured in improvements to transit frequency, improvements to weekend and evening service, and transfer opportunity improvements. The proposed service improvements reflect near-term investments that can be funded with transit tax revenues, projected by GoTriangle’s financial model. Some outside funding will be required to support the capital improvements (except for vehicles needed to support improved service, which are included in the implementation plan). Costs for each transit improvement in the plan have been developed based on coordination with the three transit providers and building off previously estimated costs for improvements in each agency’s Short Range Transit Plan. We have calculated revenue hours of service for each proposed improvement (Table 1) and converted revenue hours to costs in dollars based on the assumptions in Table 2. For improvements requiring additional peak vehicles, it is assumed that new vehicles for GoTriangle or Chapel Hill Transit cost approximately $560,000 and inflate in future years at a rate of 3.1%. Table 3 shows the estimated cost for each improvement project included in the plan. Constants Value Operating Cost Annual Inflation Factor 2.50% Current cost of OPT per hour $68.00 Current cost of GoT per hour $133.70 Current cost of CHT per hour $118.00 Cost of vehicle $560,000 Table 2 Assumptions Conceptual Transit Vision Map A conceptual transit vision map was created to illustrate aspirational, un-programmed, longer- term transit capital investments (Figure 4). These are projects that have been included in regional plans, such as the 2050 Metropolitan Transportation Plan (MTP) and other local and regional transit plans. The represented corridors are illustrative and should be used to help prioritize future transit investments. The final transit plan will include plan-level estimates for premium transit service in various conceptual corridors. 7 Figure 3 Conceptual Transit Vision Map Implementation and Next Steps Implementation Steps: Formal approval and adoption of the plan is anticipated to take place in the fall of 2022, following adoption of the Transit Plan Governance Study and planned summer meeting breaks of elected boards. This process will be coordinated and facilitated by Orange County planning department staff. The Orange County Transit Plan Update document will include the following components: x Executive summary (also functions as a standalone document describing the plan update and projects) x About the Plan x Purpose, values, and goals x Equity – woven throughout the plan, in all sections x Key players and parties x Planning history and process, including engagement x Regional and County Snapshots o Socioeconomic drivers o Spatial trends and dynamics x Transit inventory and performance x Project Descriptions x Unfunded Priorities x Budget, Implementation Plan, and Schedule x Next Steps GoTriangle Financial Model Revenues Used Additional information on financial projects provided by Saundra Freeman (GoTriangle) on 1/5/22: “The attached [table] is what I plan on using for the FY23 Orange County Transit Work Plan model. x FY21 – Actuals x FY22 – What was adopted on the Transit Work Plan x FY23 – Matched FY21 Actuals x FY24-FY50 – Moody’s Baseline FY23 methodology is similar to what I have done for Wake and Durham. The thought process is that FY21 was higher than anticipated but it can be due to the stimulus / enhanced benefits or just rebounding from a rough FY20. FY23 actuals matching can be conservative as inflationary prices will add to the sales tax % + the region in general is still adding people.” Orange - RevenuesFY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 FY40 Local Revenue (Not Project Specific) ($ 000) 1/2 Cent Sales Tax 8,532,8447,402,1008,532,844 8,888,652 9,204,950 9,530,008 9,819,265 10,092,012 10,452,461 10,871,747 11,307,834 11,745,697 12,176,496 12,621,721 13,106,314 13,664,308 14,272,610 14,910,045 15,576,387 16,275,734 $3 Increase Regional Registration Fee 350,958337,000350,958 356,222 361,566 366,989 372,494 378,081 383,753 389,509 395,352 401,282 407,301 413,411 419,612 425,906 432,295 438,779 445,361 452,041 $7 County Vehicle Registration Fee 818,895786,800818,895 831,178 843,646 856,301 869,145 882,182 895,415 908,846 922,479 936,316 950,361 964,616 979,086 993,772 1,008,679 1,023,809 1,039,166 1,054,753 Rental Car Tax (Orange County Allocated) 481,695432,400481,695 493,737 506,081 518,733 531,701 544,994 558,619 572,584 586,899 601,571 616,610 632,026 647,826 664,022 680,622 697,638 715,079 732,956 Total Transit Tax Revenue 10,184,392$ 8,958,300$ 10,184,392$ 10,569,790$ 10,916,243$ 11,272,031$ 11,592,605$ 11,897,270$ 12,290,247$ 12,742,686$ 13,212,564$ 13,684,867$ 14,150,769$ 14,631,774$ 15,152,838$ 15,748,007$ 16,394,205$ 17,070,271$ 17,775,993$ 18,515,484$ Sales Tax Growth Rate (Moody's Baseline FY24-FY50) FY21 Actual FY22 Adopted Plan Match FY21 Actual 4.17% 3.56% 3.53% 3.04% 2.78% 3.57% 4.01% 4.01% 3.87% 3.67% 3.66% 3.84% 4.26% 4.45% 4.47% 4.47% 4.49% $3 Car Registration FY21 Actual FY22 Adopted Plan Match FY21 Actual 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% $7 Car Registration FY21 Actual FY22 Adopted Plan Match FY21 Actual 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% Rental Car Tax FY21 Actual FY22 Adopted Plan Match FY21 Actual 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50% HILLSBOROUGH BOARD OF COMMISSIONERS AGENDA ITEM ABSTRACT Meeting Date: May 9, 2022 Subject: Orange County Transit Plan Update, Check-in Presentation Attachments: 1. Memo from Renaissance Planning 2. PowerPoint Presentation PURPOSE: To present a check-in of the Orange County Transit Plan (OCTP) Update process and draft recommendations for new bus operations and capital projects for preliminary feedback and comments that may inform a draft plan. BACKGROUND: In 2012, the Orange County Board of County Commissioners (BOCC) along with the Durham-Chapel Hill Carrboro Metropolitan Planning Organization (DCHC MPO) and GoTriangle adopted Orange County's first comprehensive Transit Plan. This Plan was funded using a newly-adopted Article 43 Half-Cent Sales Tax, and it included investments in new and expanded bus service and new capital infrastructure projects such as the Chapel Hill North- South Bus Rapid Transit Project, the Hillsborough Train Station, and the Durham-Orange Light Rail Transit (D-O LRT) Project. The Plan was updated in 2017 to meet federal requirements associated with the D-O LRT Project. In March 2019, the D-O LRT Project was discontinued. This project was central to the Transit Plan; it was the Plan's primary investment, represented a critical partnership between Durham and Orange counties, and served as the transit infrastructure around which other transit services and growth strategies were planned. In response to the discontinuation of the light rail project, a staff team began the process of creating a potential planning framework to create a new Orange County Transit Plan that prioritizes investments, funds service improvements, and improves the resiliency of the public transit network. At its November 17, 2019 meeting, the Orange County BOCC approved the planning framework for updating the Orange County Transit Plan. The framework included a Policy Steering Committee (PSC) composed of two (2) BOCC Commissioners serving as Co-Chairs, and one representative each from Chapel Hill, Carrboro, Hillsborough, and Mebane to lead the process. The County and/ or municipal appointees are intended to represent the interests of GoTriangle and DCHC MPO. The PSC is aided by a staff team which is led by County staff and includes representatives from the same organizations as well as staff support from the Triangle J Council of Governments (TJCOG), the Triangle Area Rural Planning Organization (TARPO), and the University of North Carolina at Chapel Hill (UNC). Both the PSC and the staff team provide direction and guidance to the consulting firm whose tasks include analyzing data, facilitating public input processes, soliciting feedback from specific stakeholders, and drafting the Transit Plan. The new Plan is intended to outline transit investment priorities through 2040. In January 2020, Orange County Planning staff began work with Renaissance Planning, Inc., the consulting firm chosen to update the Orange County Transit Plan. Over the past two years, planning staff and the consulting team have established key project deliverables and the timetable for their delivery, defined the scope of the consulting work, established a project website (www.octransit2020.com), created the public participation and outreach plans, and conducted regular meetings with the PSC, transit service providers, and key stakeholders with updates on the plan’s progress. Following is a list of key process milestones carried out by the Consultant, PSC, transit service providers and staff teams: • Held bi-monthly meetings with progress updates for the PSC during the 2020 calendar year (May 2020) • Received the Transit Choices Brochure (TCB), a visual document that illustrates the concepts and continuums of transit planning, and the Regional Connections Opportunity (RCO) Report, a technical assessment of key issues and opportunities for effective transit service (July 2020) • Held the first Transit Summit over the Zoom platform and received a memo of key themes from the summit discussions and first public survey (October 2020) • Met with Durham City and County representatives to discuss progress of Durham Transit Plan Update relative to the Orange County Transit Plan Update (November 2020) • Received draft versions of conceptual scenarios and graphics with an accompanying memo (January 2021) • Held recurring monthly PSC meetings over Zoom with updates for first half of 2021 (January 2021 – June 2021) • Received final versions of conceptual scenarios and graphics with an accompanying memo (May 2021) • Held an in-person Transit Summit for PSC members to discuss core values and visions for the fiscally-constrained plan and learned of aspirational future projects (July 2021) • Received draft recommended network and plan as well as draft conceptual vision map for transit service provider feedback and scheduling of future PSC meetings (October 2021) • Held PSC Work Session #1 to look at the final recommended network and conceptual vision map with purpose of permitting project management team to begin round 2 of public outreach (January 2022) • Created public outreach opportunities with a second round of surveying (where over 1,000 surveys were collected) and two focus groups (held on February 8th and February 16th) that included local stakeholders (February 2022) • Held PSC Work Session #2 to look at the feedback received from public outreach and assess the draft network, which resulted in a request to provide check-in presentations to the local elected boards (March 2022) Key takeaways from the public outreach include the overall approval of projects as they were outlined and an agreement of the need for more regional projects in the future. After discussing the need to wait for the Transit Plan Governance Study to conclude prior to the Transit Plan Update’s adoption, the PSC advised the project management team to begin scheduling check-in meetings with the municipalities in the local government as well as the BOCC. Remaining Consultant Deliverables – Next Steps Attachment 1 is a memo from Renaissance Planning that, among other items, outlines its remaining work and next steps of the Transit Plan Update. Generally, these items include: • Check-in meetings with Carrboro, Chapel Hill, and Hillsborough. (As a courtesy, a check- in has been offered to the GoTriangle Board of Trustees if it can be accommodated in April.) • Final PSC Work Session (May 20, 2022) ; and • Delivery of a final report to the Orange County staff team. Adoption Process The 2017 Orange County Transit Plan was adopted by the Orange County BOCC on April 27, 2017, before it was adopted by DCHC MPO and the GoTriangle Board of Trustees on April 28, 2017. The final Plan Update will be brought to the Orange County BOCC after the summer meeting break; Orange County staff will bring the 2022 Transit Plan Update through the adoption process following the critical path outlined below: Orange County: • Orange Unified Transportation Board recommendation • BOCC Public Hearing • BOCC adoption consideration DCHC MPO: • Technical Committee recommendation • Board adoption consideration GoTriangle: • Board adoption consideration AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 2022 Department: Public Space Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Candice Andre, Senior Project Planner VHB Stephanie Trueblood, Public Space and Sustainability Manager ITEM TO BE CONSIDERED Subject: Comprehensive Sustainability Plan Update and Public Outreach Plan Attachments: Presentation Brief summary: Candice Andre, VHB, will give a brief update on public outreach efforts for the Comprehensive Sustainability Plan. Action requested: Receive presentation. ISSUE OVERVIEW Background information and issue summary: We have been working for over a year on the Comprehensive Sustainability Plan; gathering input, meeting with key stakeholders, and developing the vision, guiding principles, goals, and recommendations. This item is intended to give a general update on planning efforts thus far and lay out strategies for strong public engagement and participation in reviewing the draft chapters over the next several months. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 4.D Consent agenda Regular agenda Closed session 5/3/2022 1 Town of Hillsborough Board Meeting May 9, 2022 1 2 5/3/2022 2 Engagement Efforts •Meetings with Town/County Staff •Meetings with Town Boards & Commissions •Meetings with NCSEA – Energy Report Update •Focus Groups Focus Groups 12 participants + staff •Habitat for Humanity •Fairview Residents •Justice United Group •Self-Help Credit Union •Multi-family Developer •Home Builder Association •Housing Developer 7 participants + staff •Chamber of Commerce •Local Restaurant/hotel •Orange Co Schools – CTE Program •Durham Tech •UNC Hospital •Redevelopment Rep •Agriculture & Food Rep 9 participants + staff •Orange Co Library •River Park Festival •Arts Council •Tourism Board •Art Gallery Owner •Alliance for Historic Hillsborough •Museum •Resident 6 participants + staff •Triangle Land Conservancy •Residents •Eno River Association •Tree Board •Orange Co DEAPR + numerous follow-up discussions 3 4 5/3/2022 3 What We Asked •What do you most appreciate about the specific resource in the Town (i.e., what is working)? •What are your biggest challenges in Hillsborough for your area of expertise? •How do you see the specific resource changing in the future? How can we plan for a sustainable future for this specific resources? •Who is not being reached and/or celebrated through this resource area in the Town? What We Heard – Common Themes Connectivity Affordability Sustainable development Communication & Coordination More representation at the table for conversations Environmental preservation Excitement for the Town’s future 5 6 5/3/2022 4 What is Next Public Outreach – Summer 2022 Working with Town staff & Communications Group Feedback on Chapter Goals & Recommendations May June July August September Community Pop-Up Events Formal Presentations Board Presentation Adoption Final Presentation What’s Next Pop-Up Events Farmers Market Food Truck Rodeo Library HOA meetings Fairview Community Watch Senior Center / Sports Plex Riverwalk National Night Out (Police) Community Policing Events Advertising Website News Release Video (potential) Town Social Media 7 8 5/3/2022 5 Questions Candice Andre, AICP candre@vhb.com 919-741-5346 Stephanie Trueblood Stephanie.trueblood@hillsboroughnc.gov 919-296-9481 9 AGENDA ABSTRACT: Item to be considered | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 2022 Department: Planning and Economic Development Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Planning and Economic Development Manager, Shannan Campbell ITEM TO BE CONSIDERED Subject: Tourism Board – Reappointment of Cathleen Turner for a term ending May 9, 2024 Attachments: Original volunteer application for Cathleen Turner Brief summary: Cathleen Turner has volunteered to serve another term of two years on the Hillsborough Tourism Board. At its April 4 meeting, the Tourism Board voted unanimously to recommend her re-appointment. Action requested: Consider appointment of Cathleen Turner as a member of the Hillsborough Tourism Board for a term ending May 9, 2024. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 5 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: Cathleen Turner Home address: 205 W. Margaret Lane Home phone number: 919-417-7401 Work phone number: 919-401-8540 Email address: catdturner@gmail.com Place of employment: Preservation NC Job title: Regional Director Birth date: Feb. 4, 1965 Gender: Female Ethnic origin: Caucasian Boards you would be willing to serve on: First choice — Tourism Board Reasons for wanting to serve: I was involved in the development of the tourism program in Hillsborough early on including the implementation of the grants program along with several programs and events that continue to be enjoyed. I support the evolution of programs so that they may continue to be relevant to our community and the needs and interests of visitors. I will be representing the AHH on the board. I also serve on the Arts Council. Have you served or are you currently serving on a town board? If so, which ones and when? I have served on the Historic District Commission, the Parks and Rec Board, Occaneechee Mountain Park Committee, and several small area planning task forces including Churton Street Improvement Plan, the Downtown Improvement Plan, and Vision 2020. Relevant work, volunteer or educational experience: I work with communities across the state to develop sustainable economic development programs primarily through the preservation and rehabilitation of historic and underutilized properties. In my capacity as the first Executive Director of the Alliance for Historic Hillsborough, I assisted in the development of the Town's tourism program including revitalization of the downtown commercial district, renewing funding and tourism programming at local public historic sites, creating or assisting with the development of events and programs attractive to visitors and residents, development of the visitors center and marketing program, etc. How are you connected to Hillsborough (live, work, play, shop, own property)? I have lived in Hillsborough since 1994 and own a home in the Historic District (just around the corner from the Colonial Inn). Have you reviewed the Vision 2030 plan, and what are your thoughts about it? I have read the Vision 2030 Plan and think it is a concise yet comprehensive, community-centered, document that focuses on preserving and sustaining the best of Hillsborough while recognizing areas of improvement and how best to embrace change. Have you reviewed other town documents (budget, strategy map, small area plans), and what are your thoughts about them? Some. What challenges do you see the town facing that could be addressed by the board or boards on which you wish to serve? It is paramount that we remain mindful of what attracts visitors and residents to Hillsborough. Unlike other communities our size, we are fortunate to have a funding source that can support (and launch) a broad array of sites and programs that make our community a great place to visit and live. How you heard about this opportunity: Current volunteer 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: May 9, 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. Regular meeting April 11, 2022 2. Regular meeting closed session April 11, 2022 3. Work session April 25, 2022 4. Work session closed session April 25, 2022 Brief summary: None. Action requested: Approve minutes of the Board of Commissioners regular meeting April 11, 2022, closed session April 11, 2022, work session April 25, 2022, and closed session April 25, 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 Minutes Board of Commissioners Regular meeting 7 p.m. April 11, 2022 Board Meeting Room of Town Hall Annex, 105 E. Corbin St. Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: Human Resources Manager Haley Bizzell, Planning and Economic Development Manager Shannan Campbell, Budget and Management Analyst Josh Fernandez, Police Chief Duane Hampton, Assistant Town Manager and Community Services Director Margaret Hauth, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, Communications Specialist Cheryl Sadgrove, 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 7:01 p.m. 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. Vote: 3-0. Absent: Commissioners Matt Hughes and Evelyn Lloyd. 4. Presentations Proclamation in Recognition of Volunteer Appreciation Week The mayor read the proclamation and noted that volunteers serving on the town’s appointed boards would be receiving a cap with the town’s logo. Hughes joined the meeting at 7:04 p.m. 5. Appointments A. Board of Adjustment — Appointment of Sean Kehoe to fill upcoming vacancy for a term expiring April 30, 2025 B. Board of Adjustment — Appointment of Jenn Sykes to fill upcoming vacancy for a term ending Aug. 20, 2022 C. Planning Board – Reappointment of Scott Taylor for a term expiring April 20, 2025 D. Historic District Commission – Appointment of Bruce Spencer to fill upcoming vacancy for a term expiring April 30, 2025 E. Water and Sewer Advisory Committee – Appointment of Steed Robinson as an In-Town Member for a term expiring April 30, 2026 April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 16 DRAFT Motion: Ferguson moved to approve each appointment as presented. Hughes seconded. Vote: 4-0. Absent: Lloyd. 6. Items for decision ― consent agenda A. Minutes 1. Regular meeting March 14, 2022 2. Budget retreat March 21, 2022 3. Work session March 28, 2022 (canceled) 4. Budget retreat April 4, 2022 (canceled) 5. Budget work session June 7, 2021 (amended) B. Miscellaneous budget amendments and transfers C. Budget amendment – Leadership Chapel Hill-Carrboro 2022 registration fees D. Fee schedule amendment — To establish fee for utility cuts on town streets E. Resolution – Accepting dedication of Waterstone Terrace and Crescent Magnolia streets F. Resolution — To endorse Countywide Manufactured Home Action Plan G. 2022 Schools Adequate Public Facilities Ordinance Technical Advisory Committee Annual Report H. Amendments to 2022 Board of Commissioners meeting schedule I. Special Event Permit: OCIM Walk for Hunger Police Sponsorship J. Proclamation designating April as Native Plant Month K. Proclamation in Recognition of Afterschool Professionals Appreciation Week Motion: Bell moved to approve all items on the consent agenda. Ferguson seconded. Vote: 4-0. Absent: Lloyd. 7. Items for decision ― regular agenda A. Ordinance Eliminating Criminal Penalties Town Attorney Bob Hornik summarized the task was to eliminate criminal penalties in the town code, bringing the town in line with state legislation that decriminalized numerous local government ordinance violations. This ordinance covers everything except Unified Development Ordinance. That will come later after it is presented at a quarterly public hearing. Motion: Hughes moved to adopt the ordinance as presented. Ferguson seconded. Vote: 4-0. Absent: Lloyd. B. Letter of Interest and Fiscal Analysis for contiguous annexation – N.C. 86, Waterstone area (Terry Parcel) Roman Acosta with KB Homes told the board that KB Homes is interested in filing a formal application for annexation of approximately 30 acres adjacent to Harmony at Waterstone townhomes, with some frontage on N.C. 86. Water and sewer service is connected to the site. The future land use plan shows the parcel as Mixed Residential Neighborhood. The developer has proposed potentially building 150 townhomes on the property. The board received the fiscal impact analysis and held discussions with Acosta about the board’s strong desire to see affordable housing included in this project. The board consented to receiving an application for annexation that includes affordable housing units to be built in partnership with one of the area’s affordable housing organizations. April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 16 DRAFT Motion: Hughes moved to move forward with annexation process and authorize staff and attorney to work with applicant on the development agreement to address the issue of affordable housing. The town attorney advised the board that the action needed tonight is to direct applicant to make the applications which does not require a formal motion. Hughes withdrew the motion. Weaver noted the board had given direction. C. Request from Ezekiel Foundation for letters of support related to refinance and renovation of Gateway Village Apartments Scott Merusi, a consultant with the Ezekiel Foundation, addressed the board. He explained there was some previous financing placed on the property that was not sustainable. For instance, if the new owners pay off the debt early, the previous owners will receive a bonus. Merusi is working to remove that deal and to put the new owners in a better financial position to make much-needed renovations to the apartments. Community Services Director Margaret Hauth explained the new owners were working to raise the amount of money HUD provides the project on an ongoing basis to cover some basic renovations without raising rents. Lloyd joined the meeting at 7:41 p.m. Motion: Ferguson moved to authorize staff to assist applicant with requests. Bell seconded. Vote: 5-0. D. Decorative banners – location proposal Public Space Manager Stephanie Trueblood shared information with the board about where roadside and sidewalk-side banners could be placed when the first order of banners arrives. She sought approval of the 42 locations she presented on a map. The board gave informal approval. E. Decorative banners – design discussion The board chose welcome banner and flag banner designs: the left choice of Set 2 with “to” dropped and Set 15. In Set 2, the board wished to increase the drop size of “Founded 1754” or drop “Founded.” F. Board direction on when to resume in-person meetings for appointed boards Hauth noted the town offices would be fully open to the public starting May 2. Motion: Hughes moved for appointed boards to return to in-person meetings May 2. English seconded. Vote: 4-1. Nays: Ferguson. G. Amendments to Board of Commissioners Travel and Professional Development Policy Motion: Bell moved to approve amendments. Hughes seconded. Vote: 5-0. H. Report on board-identified topics from February meeting Hauth gave a brief review. April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 16 DRAFT Weaver said there was not time this evening for long responses from the board. Hauth said town staff is working on several of the items on the list and can reschedule a lengthier conversation for the fall. It was noted that there may be time at the June work session to discuss this list. I. Hot topics for work session April 25, 2022 The topics were noted in the agenda packet. The town manager said the audit would be presented in May. Bell requested time to review a one-page summary he has created of informal affordable housing guidelines. 8. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager None. C. Staff (written reports in agenda packet) Motion: Bell moved to go into closed session at 9:43 p.m. Ferguson seconded. Vote: 5-0. 9. Closed session Item 9.A-2 was discussed first. A. Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(4) to discuss: 1. Matters relating to the potential location of a new business Discussion only, no action was taken. 2. Matters relating to an economic development project Discussion only, no action was taken. Motion: Ferguson moved to return to open session at 11:04 p.m. Bell seconded. Vote: 5-0. 10. Adjournment Mayor Weaver adjourned the meeting at 11:08 p.m. Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 16 DRAFT PROCLAMATION Recognizing Volunteer Appreciation Week April 17-23, 2022 WHEREAS, National Volunteer Week is an opportunity to recognize and honor the countless individuals who selflessly invest in the lives of others; and WHEREAS, the theme for National Volunteer Week 2022 is “volunteers are empathy in action”; and WHEREAS, volunteers are finding unique and innovative ways to spread joy and meet the emotional, physical, and spiritual needs of others; and WHEREAS, volunteering one’s time, talents and resources has been an integral part of our heritage since the early days of our nation and it is essential that we continue this tradition of giving and sharing to preserve and improve the quality of life for all members of our community; and WHEREAS, experience teaches us that government by itself cannot solve all of our nation’s problems; and the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, our volunteers are a great treasure; and WHEREAS, each year a special week is designated in our nation for the dual purpose of recognizing those who give of themselves and of encouraging all to become involved in volunteer work; and it is fitting at this time that we say, “THANK YOU!” to all individuals, groups, boards and committees, and businesses who have given time, energy, and resources to the Town of Hillsborough through volunteer service; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim April 17-23, 2022 as Volunteer Appreciation Week in the Town of Hillsborough. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 11th day of April in the year 2022. Jenn Weaver, Mayor Town of Hillsborough Proclamation #20220411-4.A April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 16 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 04/11/2022 TO 04/11/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-4200-5300-451 C.S./PRINTING 04/11/2022 5,256.00 850.0024322 6,106.00JFernandez 10-10-4200-5300-570 MISCELLANEOUS 04/11/2022 40,448.00 -850.00To cover additional bill inserts. 24321 59,684.00JFernandez 10-10-6300-5300-145 MAINTENANCE - BUILDINGS 04/11/2022 34,392.00 -15,000.00To cover rotting boards 24319 19,392.00EBRADFORD 10-10-6300-5300-155 MAINTENANCE - PARKS 04/11/2022 39,500.00 15,000.00To cover rotting boards 24320 54,500.00EBRADFORD 10-20-5100-5100-010 OVERTIME COMPENSATION 04/11/2022 40,000.00 -15,000.00To cover increased fuel costs 24327 25,000.00EBRADFORD 10-20-5100-5300-310 GASOLINE 04/11/2022 45,000.00 15,000.00To cover increased fuel costs 24328 60,000.00EBRADFORD 10-20-5100-5300-490 C.S./ALARM SERVICE 04/11/2022 350.00 20.00To cover alarm 24308 370.00EBRADFORD 10-20-5100-5300-570 MISCELLANEOUS 04/11/2022 3,500.00 -20.00To cover alarm 24231 3,215.00EBRADFORD 10-30-5600-5300-310 GASOLINE 04/11/2022 10,406.00 1,000.00To cover increased fuel costs 24330 11,406.00EBRADFORD 10-30-5600-5300-330 SUPPLIES - DEPARTMENTAL 04/11/2022 31,800.00 -7,730.00To cover truck service body 24309 23,070.00EBRADFORD 04/11/2022 31,800.00 -1,000.00To cover increased fuel costs 24329 22,070.00EBRADFORD 10-30-5600-5300-363 RENTAL - BUILDING 04/11/2022 5,828.00 -102.00To cover Duke repair 24314 5,726.00EBRADFORD 10-30-5600-5300-570 MISCELLANEOUS 04/11/2022 1,000.00 102.00To cover Duke repair 24313 892.00EBRADFORD 10-30-5600-5700-740 CAPITAL - VEHICLES 04/11/2022 181,000.00 7,730.00To cover truck service body 24310 190,730.00EBRADFORD 04/11/2022 181,000.00 5,500.00To cover dump truck cost increase & tax/t 24311 196,230.00EBRADFORD 10-30-5600-5700-741 CAPITAL - EQUIPMENT 04/11/2022 199,000.00 18,000.00To cover increased hot box price 24333 217,000.00EBRADFORD 10-70-3980-3980-001 DEBT ISSUANCE PROCEEDS 04/11/2022 974,000.00 5,500.00To cover dump truck cost increase & tax/t 24312 1,276,888.00EBRADFORD 04/11/2022 974,000.00 18,000.00To cover increased hot box price 24334 1,294,888.00EBRADFORD 30-80-7240-5300-110 TELEPHONE/INTERNET 04/11/2022 6,500.00 -1,700.00To cover increased fuel costs 24332 4,800.00EBRADFORD 30-80-7240-5300-310 GASOLINE 04/11/2022 4,038.00 1,700.00To cover increase fuel costs 24331 5,738.00EBRADFORD 30-80-8140-5300-165 MAINTENANCE - INFRASTRUCTURE 04/11/2022 57,000.00 -10,250.00To cover expected gasoline costs 24315 48,707.00JFernandez 30-80-8140-5300-310 GASOLINE 04/11/2022 16,000.00 10,250.00To cover expected gasoline costs 24316 26,250.00JFernandez 30-80-8200-5300-310 GASOLINE 04/11/2022 15,806.00 10,250.00To cover expected gasoline costs 24318 26,056.00JFernandez EBRADFORD 12:06:45AM04/05/2022 fl142r03 Page 1 of 2 Admin. Admin. Public Space Public Space Police Police Police Police Streets Streets Streets Streets Streets Streets GF- Revenue Billing & Collections Billing & Collections Water Distribution Water Distribution WW Collection To cover additional bill inserts. To cover additional bill inserts. April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 16 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 04/11/2022 TO 04/11/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 30-80-8200-5300-330 SUPPLIES - DEPARTMENTAL 04/11/2022 60,000.00 -10,250.00To cover expected gasoline costs 24317 48,696.00JFernandez 47,000.00 EBRADFORD 12:06:45AM04/05/2022 fl142r03 Page 2 of 2 WW Collection APPROVED: 4/0 DATE: 4/11/2022 VERIFIED: ___________________________________ April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 16 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 04/12/2022 TO 04/12/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 04/12/2022 400,000.00 -1,750.00To cover Leadership 2022 conference 24335 126,434.00EBRADFORD 10-10-4100-5300-080 TRAINING/CONF./CONV. 04/12/2022 4,145.00 1,750.00To cover Leadership 2022 conference 24336 8,890.00EBRADFORD 0.00 EBRADFORD 11:14:49AM04/05/2022 fl142r03 Page 1 of 1 GF- Contingency Governing Body APPROVED: 4/0 DATE: 4/11/22 VERIFIED: ___________________________________ April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 16 DRAFT ORDINANCE Amending FY22 Fee Schedule for Utility Cuts The Hillsborough Board of Commissioners ordains: Section 1. Town Code Section 7-12, Excavations, requires a written permit for anyone wishing to excavate within a town right of way. To fully implement this requirement, the Fees, Rates, and Charges Schedule for FY22 is hereby amended to add the following fees in the “Streets” section: Utility Cut Permit application $50 Failure to repair initial cut within 30 calendar days $150 Failure to make warranty repair within 14 calendar days $150 Failure to obtain a permit prior to making a non-emergency cut $150 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 11th day of April in 2022. Ayes: 4 Noes: 0 Absent or excused: 1 Sarah E. Kimrey, Town Clerk Ordinance #20220411-6.D April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 16 DRAFT RESOLUTION Accepting Dedication of Roads for Public Ownership Waterstone Terraces and Crescent Magnolia WHEREAS, The Hillsborough Board of Commissioners approved Special Use Permits authorizing the construction of the neighborhoods known as Waterstone Terraces and Crescent Magnolia in 2006 and 2017, respectively; and WHEREAS, The approved plans proposed private streets through these townhome neighborhoods; and WHEREAS, The neighborhoods approach the town to accept the streets as public and provide all town services within the communities in 2021; and WHEREAS, The town developed a policy to consider accepting private streets in 2021; and WHEREAS, The neighborhoods have submitted adequate information to verify the construction quality to allow these resources to be accepted by the town; and NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners hereby accepts the dedication of the following streets in the approximate lengths shown: Allium Lane 261.19 feet Aronia Drive 220.07 feet Horton Road 157.89 feet Monarda Way 890.79 feet Skip Rook Road 328.61 feet Rubrum Drive 1,823.41 feet BE IT FURTHER RESOLVED that no warranty period is required for these streets due to the expiration of more than one year from final construction and the testing results provided. Approved this 11th day of April of 2022. Jenn Weaver, Mayor Town of Hillsborough Resolution #20220411-6.E April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 16 DRAFT RESOLUTION Endorsing the County-Wide Manufactured Housing Action Plan WHEREAS, Orange County and the towns of Carrboro, Chapel Hill, and Hillsborough have a long history of collaboration on housing topics; and WHEREAS, manufactured housing is an important source of naturally occurring affordable housing serving diverse populations and vulnerable community members; and WHEREAS, in 2016, a number of manufactured home communities in our County were identified for redevelopment by property owners triggering the potential displacement of current residents; and WHEREAS, the towns and county formed a work group with local housing partners to understand the risks, and potential remedies associated with this redevelopment issue, and strategies for improving and maintaining the quality of the manufactured home communities; and WHEREAS, the work group generated a report on their findings and an inventory of manufactured housing communities in the county; and WHEREAS, the environment for redevelopment has not abated and remains a constant threat for manufactured home parks in our community; and WHEREAS, there is continued need and opportunity to build on the work since 2016 and develop a county- wide strategy to preserve manufactured home communities, minimize resident displacement due to redevelopment, and provide meaningful relocation assistance options to be in place moving forward; and WHEREAS, the Manufactured Home Staff Working Group with staff from the Town of Chapel Hill, Town of Carrboro, Town of Hillsborough, and Orange County came together to develop this coordinated plan; and WHEREAS, engagement with residents in communities at risk was conducted to understand their concerns and preferences to guide the creation of the strategies included in the plan; and WHEREAS, service providers, advocates, residents, and other stakeholders were consulted on development of the plan and staff incorporated feedback from the Orange County Local Government Affordable Housing Collaborative, the Carrboro Affordable Housing Commission, the Chapel Hill Housing Advisory Board, the Orange County Affordable Housing Advisory Board, the Orange County Affordable Housing Coalition, the Manufactured Homes Committee of the Orange County Affordable Housing Coalition. NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners endorses the Manufactured Homes Action Plan and commits to working cooperatively with Orange County, Carrboro, and Chapel Hill to implement the strategies noted in the plan; and Resolution #20220411-6.F April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 16 DRAFT BE IT FURTHER RESOLVED that the board authorizes the town manager to make adjustments to the County-Wide Manufactured Homes Action Plan, as described in the April 11, 2022 meeting materials and as needed as the towns move into implementation. Approved this 11th day of April 2022. Jenn Weaver, Mayor Town of Hillsborough Attestation: Sarah Kimrey, Town Clerk Resolution #20220411-6.F April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 16 DRAFT PROCLAMATION Native Plant Month April 2022 WHEREAS, native plants are indigenous species that have evolved and occur naturally in a particular region, ecosystem, and habitat; and WHEREAS, native plants are vital for maintaining and restoring the healthy ecosystem needed to sustain our environment, including seed dispersal; pollination of crops and natural vegetation; prevention of flooding, drought, and erosion; regulation of disease-carrying organisms; and moderation of weather extremes; and WHEREAS, North Carolina is home to more than 3,900 native plant species, including trees, shrubs, vines, grasses, and wildflowers, making it one of the most diverse states for native plants in the Southeast; and WHEREAS, native plants provide shelter as well as nectar, pollen, and seeds that serve as food for native butterflies, insects, birds, amphibians and other wildlife in ways that non-native plants cannot; and WHEREAS, 969 of the native plant species in North Carolina have been designated as significantly rare and/or in decline and may be in danger of extinction; and WHEREAS, 94 of those 969 imperiled plants have been found in Orange County; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim April 2022 as Native Plant Month to recognize the many benefits of native plants to the environment and economy of the Town of Hillsborough. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 11th day of April in the year 2022. Jenn Weaver, Mayor Town of Hillsborough PROCLAMATION #20220411-6.J April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 13 of 16 DRAFT PROCLAMATION Recognizing Afterschool Professionals Appreciation Week April 25-29, 2022 WHEREAS, the Town of Hillsborough fully recognizes that afterschool professionals (those who work with children and youth in a wide variety of program settings to provide extended learning opportunities during out- of-school hours) have a positive effect on our children, families, community, and businesses; and WHEREAS, afterschool professionals are a decisive element in children’s’ access high-quality relationships and expanded opportunities beyond what they have access to at school and home, which they need to reach their full potential; and WHEREAS, afterschool professionals deserve appreciation for all that they do to for children to enhance their education, promote physical and emotional health, provide a safe environment and expose them to new experiences; and WHEREAS, the Town of Hillsborough is committed to supporting the professionals who provide expanded learning opportunities that will help close the achievement gap, nurture the next generation of engaged community members, and prepare young people to compete in the global economy; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim April 25-29, 2022, as Afterschool Professionals Appreciation Week in the Town of Hillsborough. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 11th day of April in the year 2022. Jenn Weaver, Mayor Town of Hillsborough Proclamation #20220411-6.K April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 14 of 16 DRAFT ORDINANCE NUMBER: 20220411-7.A ORDINANCE ELIMINATING CRIMINAL PENALTIES Established by Various Chapters and Sections of the Town of Hillsborough Code of Ordinances WHEREAS, the Town of Hillsborough, a North Carolina municipal corporation, (“the town”) has a duly adopted Town of Hillsborough Code of Ordinances (“town code”); and WHEREAS, pursuant to SB 300, enacted into law by Section 13(b) of Session Law 2021-138, effective September 2, 2021, N.C. Gen. Stat. 160A-175 was amended by, inter alia, adding a new subparagraph (b1) which prohibits ordinances imposing criminal penalties in many circumstances; and WHEREAS, the town intends by the adoption of this ordinance to amend the town code to be consistent with N.C. Gen. Stat. 160A-175 and to decriminalize violations of certain other town code provisions as set forth in this ordinance; and WHEREAS, the Hillsborough Board of Commissioners (“town board”) has caused a study to be done of the entire town code to review those provisions, the violation of which may result in criminal penalties or misdemeanor charges to be brought for the alleged violation of such provisions; and WHEREAS, as a result of said study and after considering the recommendations of the various town departments, including (but not limited to) the Hillsborough Police Department, the town board has determined that several provisions of the town code should be “decriminalized” so that alleged violations of such provisions may be punishable by civil penalties and civil enforcement measures but NOT by criminal penalties. The Hillsborough Board of Commissioners ordains: Section 1. Violations of the following sections or chapters of the Town of Hillsborough Code of Ordinances shall no longer be subject to criminal penalties: a. Town Code Section 5.7 Operation of a public enterprises without franchise prohibited; b. Town Code Section 5.8(a) Private use of public space – allowance for outdoor seating on public sidewalks upon issuance of an outdoor seating permit; c. Town Code Section 5.8(b) Allowance of service, possession, and consumption of malt beverages and unfortified wine within the town right-of-way or on town property during public events upon the issuance of an alcohol permit; d. Town Code Section 5-11(c); e. Town Code Section 5-13(a); f. Town Code Chapter 6 Motor Vehicle and Traffic (all sections); g. Town Code Chapter 7 Streets and Sidewalks (all sections); h. Town Code Chapter 8 Trades and Businesses (all sections); i. Town Code Chapter 10 Regulation and Control of Animals (all sections); j. Town Code Chapter 11 Solid Waste and Environmental Regulations (all sections); k. Town Code Section 13-7 Cemetery Hours of Operation; and April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 15 of 16 DRAFT l.Town Code Chapter 14 Utilities (all sections EXCEPT section 14-16 Prohibited activities) Section 2. All provisions of any town code 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 11th day of April in 2022. Ayes: 4 Noes: 0 Absent or excused: 1 Sarah E. Kimrey, Town Clerk April 11, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 16 DRAFT Minutes BOARD OF COMMISSIONERS Work session 7 p.m. April 25, 2022 Board Meeting Room of Town Hall Annex, 105 E. Corbin St. Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: 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, Town Manager Eric Peterson, Communications Specialist Cheryl Sadgrove and Utilities Director Marie Strandwitz 1. Opening of the work session Mayor Jenn Weaver called the meeting to order at 7:04 p.m. 2. Agenda changes and approval Addition of closed session item regarding personnel matters. Motion: Commissioner Kathleen Ferguson moved to approve the amended agenda. Commissioner Mark Bell seconded. Vote: 3-0. Nays: None. Absent: Commissioners Matt Hughes and Evelyn Lloyd. 3. Items for decision ― consent agenda A. Miscellaneous budget amendments and transfers B. Classification and pay amendment: reclassify lead customer service representative to customer service representative Motion: Ferguson moved to approve all items on the consent agenda. Commissioner Robb English seconded. Vote: 3-0. Nays: None. Absent: Hughes and Lloyd. 4. In-depth discussion and topics A. Resolution to authorize water and sewer grant applications and a 15-year Utilities Capital Improvement Project Plan Utilities Director Marie Strandwitz addressed the board to request the resolution. Hughes joined the meeting at 7:10 p.m. Motion: Bell moved to adopt the resolution. Ferguson seconded. Vote: 4-0. Nays: None. Absent: Lloyd. B. Draft Affordable Housing Guiding Principles Bell presented the principles, which he had drafted. April 25, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 7 DRAFT Community Services Director Margaret Hauth reminded the board that these are guiding principles and would not result in immediate results. Lloyd joined the meeting at 7:20 p.m. The board discussed principles with Hauth. Hauth said the guiding principles reflect what the board has been saying, which staff relays to potential developers. She explained that applicants want a checklist to know whether the proposal would meet with board approval. Guiding principles do not inform an applicant in that way. Hughes said the guiding principles overlook the need for encouraging housing in a lower price range that is not necessarily deemed affordable housing and also does not cost $500,000 or more. Motion: Ferguson moved to affirm the list as flexible goals of the board and direct staff to incorporate them into the Comprehensive Sustainability Plan and to prepare a future amendment to the Unified Development Ordinance. Bell seconded. Vote: 4-1. Nays: Hughes. Weaver recessed the meeting at 8:27 p.m. Weaver reconvened the meeting at 8:33 p.m. C. Mayor’s Task Force on Re-imagining Public Safety (continued discussion) The Board of Commissioners and Police Chief Duane Hampton discussed the recommendations for the Police Department that were categorized as recommendations regarding department procedures. On the procedures recommendations: Recommendation 1 that police officers should be more involved in the community and conduct more outreach — The police chief noted the officers participate and lead many community activities, which are listed in his response. He suggested perhaps the task force members who made this recommendation were not aware of all the officers do. He noted that the department’s Community Summit gathering has not been well attended in recent years and said the department is trying to increase engagement. He noted the department successfully engages with the public through its Facebook page. Hampton also noted that while some people have said they want to see officers patrolling more on foot, it is not practical for officers to patrol neighborhoods on foot because only a few officers are on duty at a time and they need to be able to respond quickly to a call by being close to their cars. It was noted that the department’s new electric bikes will help officers engage with pedestrians and return quickly to vehicles when needed. Recommendation 2.A. stating that an advisory board should conduct exit interviews of officers leaving the department — The police chief, town manager and town attorney stated that there would be legal issues with such an arrangement. Only a small portion of an employee’s personnel record is public record. The mayor noted the task force may have made this suggestion in an effort to find ways to retain diverse officers. Recommendation 2.B. stating that an advisory board should participate in the hiring process — Hampton said community members have been involved in some hiring and promotional processes in the past and involving community members in the hiring process would be fine with him if it did not slow the hiring process. Typically, interviews take place two days in a row with short notice. The same people who participate in interviews the first day would need to be present for the second day. April 25, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 7 DRAFT Recommendation 2.C. stating that administrative staff recruiting police officers should be diverse — The chief said the department does not have a dedicated recruitment team. He and Administrative Lt. Andy Simmons manage the recruitment process and all personnel provide support. Recommendation 2.D. stating that the salary offer for Black, Indigenous or Person of Color candidates should be higher to attract diverse officers — The chief said this is not legal. It was noted that the department does pay more for skills such as speaking Spanish, having more education, or bringing experience to the department. Recommendation 2.E. stating that there should be more hours of mandatory racial awareness training for Hillsborough police officers — Hampton said there would be more hours of training this year than last year, but at some point, more training does not make things better. He said the department’s focus is on building good culture. On the additional recommendations: Recommendation 1 stating that the expansion of diversion and deflection efforts underway in Orange County should be supported and the Town of Hillsborough should be a full partner in these initiatives — Hampton said the Hillsborough Police Department is supportive of the county’s initiatives. Recommendation 2 stating that funds should be increased to establish accessible recreational opportunities for youth — Hampton expressed agreement that more recreational opportunities for youth would be good, but he noted this was not for the police department to address. Recommendation 3 stating that funds should be reallocated or increased for community-based and community-led violence prevention programs — Hampton said this would better apply to a larger community with an identified crime problem. Board members noted there were areas within these recommendations that required discussion with the task force at a future meeting. The board agreed that at a future meeting it will discuss the recommendation to create an advisory board. The date of that meeting has not been determined. 5. Other business There was none. 6. Committee updates and reports Board members gave updates on the committees and boards on which they serve. Motion: Hughes moved to go into closed session at 9:45 p.m. Ferguson seconded. Vote: 5-0. 7. Closed session A. Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(3) to consult with the town attorney in order to preserve the attorney-client privilege (potential litigation) B. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (a)(6) regarding personnel matters (added item) Motion: Bell moved to return to open session at 10:48 p.m. Ferguson seconded. April 25, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 7 DRAFT Vote: 5-0. 8. Adjournment Mayor Weaver adjourned the meeting at 10:49 p.m. Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners April 25, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 7 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 04/25/2022 TO 04/25/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 04/25/2022 400,000.00 -5,500.00To cover legal services 24338 120,934.00EBRADFORD 04/25/2022 400,000.00 -2,800.00To cover tax collection expense 24342 118,134.00EBRADFORD 10-10-4100-5300-041 ATTORNEY FEES 04/25/2022 125,000.00 5,500.00To cover legal services 24337 142,599.00EBRADFORD 10-10-4200-5300-530 DUES & SUBSCRIPTIONS 04/25/2022 7,184.00 400.00To cover Catapult dues 24343 8,584.00EBRADFORD 10-10-4200-5300-570 MISCELLANEOUS 04/25/2022 40,448.00 -400.00To cover Catapult dues 24344 59,284.00EBRADFORD 10-10-4400-5300-487 TAX COLLECTION 04/25/2022 39,000.00 2,800.00To cover tax collection expense 24341 41,800.00EBRADFORD 30-80-7220-5300-455 C.S./ENGINEERING 04/25/2022 27,500.00 49,000.0024340 178,620.00JFernandez 30-80-9990-5300-000 CONTINGENCY 04/25/2022 400,000.00 -49,000.0024339 55,933.00JFernandez 0.00 EBRADFORD 2:09:21PM04/18/2022 fl142r03 Page 1 of 1 GF- Contingency Governing Body Admin. Admin. Accounting Utilities Admin. W&S- Contingency To cover grant related engineering service To cover grant related engineering service APPROVED: 3/0 DATE: 4/25/22 VERIFIED: ___________________________________ April 25, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 7 DRAFT RESOLUTION #20220425-4.A April 25, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 7 DRAFT RESOLUTION #20220425-4.A April 25, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 7 DRAFT AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 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: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-4200-5100-010 OVERTIME COMPENSATION 05/09/2022 1,000.00 350.00Yr-end balancing 24345 2,350.00EBRADFORD 10-10-4200-5100-020 SALARIES 05/09/2022 639,725.00 160,275.00Yr-end balancing 24275 800,000.00EBRADFORD 10-10-4200-5100-021 PERSONNEL EXPANSION - SALARIES 05/09/2022 147,518.00 -147,518.00Yr-end balancing 24346 0.00EBRADFORD 10-10-4200-5120-050 FICA 05/09/2022 49,015.00 19,330.00Yr-end balancing 24347 68,345.00EBRADFORD 10-10-4200-5125-061 LIFE/DISABILITY/VISION 05/09/2022 3,984.00 500.00Yr-end balancing 24348 4,484.00EBRADFORD 10-10-4200-5127-070 RETIREMENT 05/09/2022 73,043.00 18,400.00Yr-end balancing 24349 91,443.00EBRADFORD 10-10-4200-5127-071 401(K) RETIREMENT SUPP. 05/09/2022 32,036.00 10,000.00Yr-end balancing 24350 42,036.00EBRADFORD 10-10-4200-5300-080 TRAINING/CONF./CONV. 05/09/2022 38,095.00 -1,404.00Yr-end balancing 24353 35,691.00EBRADFORD 10-10-4200-5300-110 TELEPHONE/INTERNET 05/09/2022 6,720.00 1,404.00Yr-end balancing 24352 8,124.00EBRADFORD 10-10-4400-5100-010 OVERTIME COMPENSATION 05/09/2022 700.00 1,000.00Yr-end balancing 24354 6,700.00EBRADFORD 10-10-4400-5100-020 SALARIES 05/09/2022 285,919.00 -1,000.00Yr-end balancing 24355 284,919.00EBRADFORD 10-10-4900-5100-020 SALARIES 05/09/2022 309,964.00 6,500.00Yr-end balancing 24356 316,464.00EBRADFORD 10-10-4900-5120-050 FICA 05/09/2022 23,460.00 600.00Yr-end balancing 24357 24,060.00EBRADFORD 10-10-4900-5127-070 RETIREMENT 05/09/2022 34,960.00 1,000.00Yr-end balancing 24358 35,960.00EBRADFORD 10-10-4900-5127-071 401(K) RETIREMENT SUPP. 05/09/2022 15,333.00 1,000.00Yr-end balancing 24359 16,333.00EBRADFORD 10-10-4900-5300-467 C.S./MINUTES PREPARER 05/09/2022 5,000.00 2,000.00To cover cost of minutes prep for planning 24399 7,000.00JFernandez 10-10-4900-5300-570 MISCELLANEOUS 05/09/2022 89,000.00 -2,000.00To cover cost of minutes prep for planning 24398 110,045.00JFernandez 10-10-6300-5100-010 OVERTIME COMPENSATION 05/09/2022 250.00 200.00Yr-end balancing 24363 700.00EBRADFORD 10-10-6300-5100-020 SALARIES 05/09/2022 117,217.00 21,000.00Yr-end balancing 24364 138,217.00EBRADFORD 10-10-6300-5120-050 FICA 05/09/2022 8,986.00 2,500.00Yr-end balancing 24365 11,486.00EBRADFORD 10-10-6300-5127-070 RETIREMENT 05/09/2022 13,191.00 3,000.00Yr-end balancing 24366 16,191.00EBRADFORD 10-10-6300-5127-071 401(K) RETIREMENT SUPP. EBRADFORD 3:14:26PM05/03/2022 fl142r03 Page 1 of 3 Admin. Admin. Admin. Admin. Admin. Admin. Admin. Admin. Admin. Accounting Accounting Planning Planning Planning Planning Planning Planning Public Space Public Space Public Space Public Space Public Space BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 05/09/2022 5,873.00 2,000.00Yr-end balancing 24367 7,873.00EBRADFORD 10-10-6600-5100-020 SALARIES 05/09/2022 79,752.00 8,000.00Yr-end balancing 24369 87,752.00EBRADFORD 10-10-6600-5120-050 FICA 05/09/2022 6,101.00 500.00Yr-end balancing 24370 6,601.00EBRADFORD 10-10-6600-5125-061 LIFE/DISABILITY/VISION 05/09/2022 541.00 5.00Yr-end balancing 24371 546.00EBRADFORD 10-10-6600-5127-070 RETIREMENT 05/09/2022 9,092.00 1,000.00Yr-end balancing 24372 10,092.00EBRADFORD 10-10-6600-5127-071 401(K) RETIREMENT SUPPLEMENT 05/09/2022 3,988.00 1,000.00Yr-end balancing 24373 4,988.00EBRADFORD 10-10-6610-5100-020 SALARIES 05/09/2022 100,000.00 10,000.00Yr-end balancing 24375 110,000.00EBRADFORD 10-10-6610-5120-050 FICA 05/09/2022 7,650.00 1,000.00Yr-end balancing 24376 8,650.00EBRADFORD 10-10-6610-5125-061 LIFE/DISABILITY/VISION 05/09/2022 630.00 5.00Yr-end balancing 24377 635.00EBRADFORD 10-10-6610-5127-070 RETIREMENT 05/09/2022 11,400.00 1,100.00Yr-end balancing 24378 12,500.00EBRADFORD 10-10-6610-5127-071 401(K) RETIREMENT SUPP. 05/09/2022 5,000.00 1,000.00Yr-end balancing 24379 6,000.00EBRADFORD 10-20-5100-5100-020 SALARIES 05/09/2022 2,062,653.00 200,000.00Yr-end balancing 24381 2,262,653.00EBRADFORD 10-20-5100-5120-050 FICA 05/09/2022 153,310.00 7,000.00Yr-end balancing 24382 160,310.00EBRADFORD 10-20-5100-5127-070 RETIREMENT 05/09/2022 246,034.00 12,000.00Yr-end balancing 24383 258,034.00EBRADFORD 10-20-5100-5127-071 401(K) RETIREMENT SUPP. 05/09/2022 99,063.00 14,000.00Yr-end balancing 24384 113,063.00EBRADFORD 10-20-5100-5127-075 SEPARATION ALLOWANCE 05/09/2022 22,786.00 8,000.00Yr-end balancing 24385 30,786.00EBRADFORD 10-60-6900-5300-570 MISCELLANEOUS 05/09/2022 356,500.00 -61,337.00To allocate merit 24351 343,163.00EBRADFORD 05/09/2022 356,500.00 -9,100.00To allocate merit 24360 334,063.00EBRADFORD 05/09/2022 356,500.00 -28,700.00To allocate merit 24368 305,363.00EBRADFORD 05/09/2022 356,500.00 -10,505.00To allocate merit 24374 294,858.00EBRADFORD 05/09/2022 356,500.00 -13,105.00To allocate merit 24380 281,753.00EBRADFORD 05/09/2022 356,500.00 -241,000.00To allocate merit 24386 40,753.00EBRADFORD 30-71-8120-5982-001 TRANSFER TO UTIL CAP IMPROV FUND 05/09/2022 0.00 179,200.00To fund WTP filters 2&3 w/operating reve 24410 179,200.00EBRADFORD 30-80-3900-3900-000 FUND BALANCE APPROPRIATED 05/09/2022 728,039.00 179,200.00To fund WTP filters 2&3 w/operating reve 24411 1,428,741.36EBRADFORD 30-80-8140-5300-331 SUPPLIES - SAFETY EBRADFORD 3:14:26PM05/03/2022 fl142r03 Page 2 of 3 Safety Safety Safety Safety Safety IT IT IT IT IT Police Police Police Police Police Spec. Approp. WTP W&S Revenue Water Distribution BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 05/09/2022 1,500.00 50.00To cover expense of muck boots. 24362 1,696.00JFernandez 30-80-8200-5300-331 SUPPLIES - SAFETY 05/09/2022 1,200.00 -50.00To cover expense of muck boots. 24361 1,197.00JFernandez 30-80-8220-5300-165 MAINTENANCE - INFRASTRUCTURE 05/09/2022 4,000.00 47,020.00To cover filter repairs 24400 51,020.00EBRADFORD 30-80-9990-5300-000 CONTINGENCY 05/09/2022 400,000.00 -47,020.00To cover filter repairs 24401 8,913.00EBRADFORD 358,400.00 EBRADFORD 3:14:26PM05/03/2022 fl142r03 Page 3 of 3 WW Collection WWTP W&S Contingency BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 69-15-3870-3870-502 TRANSFER FROM WSF-EDD WTR LINE EXT 05/09/2022 509,404.00 -259,404.00Adj per actual 24391 250,000.00EBRADFORD 69-15-3870-3870-700 TRANSFER FROM FUND 75-EDD WATER LIN 05/09/2022 0.00 259,404.00Adj per actual 24392 259,404.00EBRADFORD 69-17-3870-3870-504 TRANSFER FROM WSF-16" OWASA WATER M 05/09/2022 565,000.00 -465,000.00Adj per actual 24393 100,000.00EBRADFORD 69-17-3870-3870-701 TRANSFER FROM FUND 75-16" OWASA WAT 05/09/2022 0.00 465,000.00Adj per actual 24394 465,000.00EBRADFORD 69-22-3870-3870-507 TRANSFER FROM WSF-RIVER PS 05/09/2022 200,000.00 -200,000.00Adj per actual 24396 0.00EBRADFORD 69-22-3870-3870-750 TRANSFER FROM FUND 76-RIVER PS 05/09/2022 0.00 200,000.00Adj per actual 24395 400,000.00EBRADFORD 0.00 EBRADFORD 3:20:02PM05/03/2022 fl142r03 Page 1 of 1 W&S Cap. Improv. W&S Cap. Improv. W&S Cap. Improv. W&S Cap. Improv. W&S Cap. Improv. W&S Cap. Improv. BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/10/2022 TO 05/10/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 05/10/2022 400,000.00 -9,632.00To cover CMAQ admin espenses 24413 108,502.00EBRADFORD 10-10-6300-5300-570 MISCELLANEOUS 05/10/2022 7,000.00 9,632.00To cover CMAQ admin espenses 24412 11,877.00EBRADFORD 0.00 EBRADFORD 3:28:24PM05/04/2022 fl142r03 Page 1 of 1 GF- Contingency Public Space AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 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: Fiscal Year 2022 Fee Schedule Amendments Attachments: Table of FY22 Fee Schedule Amendments Brief summary: The FY22 fee schedule has been amended to change the language associated with lateral fees in the Water and Sewer Fund, and to add fees in the Streets Division. Action requested: Approve and reaffirm changes made to the FY22 fee schedule. ISSUE OVERVIEW Background information and issue summary: These changes were presented to the Board of Commissioners on Feb. 14 for the Water and Sewer Fund and on April 11 for the Streets Division. The changes were approved at the respective meetings. Financial impacts: Minimal financial impacts. Staff recommendation and comments: No staff comments. For clerk’s use AGENDA ITEM: 6.C Consent agenda Regular agenda Closed session STREETS Description FY22 Adopted Rate FY22 Mid‐Year Rate After  Adjustments Basis Notes Utility Cut Permit application N/A  $                                                       50.00 each Approved 4/11/22 Failure to repair initial cut within 30 calendar days N/A  $                                                     150.00 each Approved 4/11/22 Failure to make warranty repair within 14 calendar days N/A  $                                                     150.00 each Approved 4/11/22 Failure to obtain a permit prior to making a non‐emergency cut N/A  $                                                     150.00 each Approved 4/11/22 WATER & SEWER Description FY22 Adopted Language FY22 Mid‐Year Language After  Adjustments Basis Notes Water Connection Charge Lateral Fee: Installed on a suitable stub‐out for  service that has been made at the  expense of the applicant or previous  property owner and is available for  connection, there is no charge.  In any  other case, the water lateral fee is  $750.00 for service to a 5/8" or 3/4"  water meter and $1,250 for service to  a 1" water meter.  Service to a larger  meter shall be installed by a licensed  utilities contractor at the  owner's/applicant's expense. Services shall be installed by a licensed  utilities contractor at the  owner's/applicant's expense under  town observation and standards. A  $100 fee to process an individual  connection request and provide town  observationof said connection will be  invoiced and paid along with other  pertinent fees after the request is  approved by the Utilities Department  and before a building permit can be  approved. At its sole discretion, the  town may agree to install the service  with its own forces at cost to the  requestor (labor, materials,  equipment, restoration). This activity is  generally reserved for emergency  situations. Approved 2/14/22 Wastewater Connection Charge Lateral Fee: Installed on a suitable stub‐out for  service that has been made at the  expense of the applicant or previous  property owner and is available for  connection, there is no charge.  In any  other case, the sewer lateral fee is  $750.00 for a 4" service.  Larger  services shall be installed by a licensed  utilities contractor at the  owner's/applicant's expense. Services shall be installed by a licensed  utilities contractor at the  owner's/applicant's expense under  town observation and standards. A  $100 fee to process an individual  connection request and provide town  observationof said connection will be  invoiced and paid along with other  pertinent fees after the request is  approved by the Utilities Department  and before a building permit can be  approved. At its sole discretion, the  town may agree to install the service  with its own forces at cost to the  requestor (labor, materials,  equipment, restoration). This activity is  generally reserved for emergency  situations. Approved 2/14/22 AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 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: American Rescue Plan ordinance and budget amendments Attachments: 1. American Rescue Plan – Water Treatment Plant Filters Repair/Rebuild Ordinance Amendment 2. Budget Changes Detail Report Brief summary: To adjust the grant project ordinance and budget amounts to reflect the final project cost. Action requested: Consider approving the ordinance update and associated budget amendments. 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 ordinance update and budget amendments. For clerk’s use AGENDA ITEM: 6.D Consent agenda Regular agenda Closed session ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE Grant Project Amendment American Rescue Plan – Water Treatment Plant Filters Repair/Rebuild The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget ARPA – WTP Filters Repair/Rebuild $556,500 ($473,040) $83,460 Section 2. Amounts appropriated for the capital project are hereby amended as follows. Current Budget +/- Amended Budget ARPA – WTP Filters Repair/Rebuild $556,500 ($473,040) $83,460 Section 3. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of May in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 77-25-3001-3310-007 GRANT - ARPA - WTP FILTERS REPAIR 05/09/2022 0.00 -473,040.00Adj budget to actual 24402 83,460.00EBRADFORD 77-25-3001-5700-771 ARPA - WTP FILTERS - MAINT. - EQUIP 05/09/2022 0.00 -473,040.00Adj budget to actual 24403 83,460.00EBRADFORD -946,080.00 EBRADFORD 3:17:20PM05/03/2022 fl142r03 Page 1 of 1 ARPA ARPA AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 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: Water Treatment Plant Filters Repair/Rebuild project ordinance and budget amendments Attachments: 1. Water Treatment Plant Filters #2 & 3 Repair/Rebuild Project Ordinance 2. Budget Changes Detail Report Brief summary: To establish WTP filters #2 and 3 as a separate project funded via operating revenue. ARPA funds were used to fund filter 1 repairs. Action requested: Consider approving the ordinance and associated budget amendments. ISSUE OVERVIEW Background information and issue summary: ARPA funds were originally designated to fund repairs to all three filters, however the repairs to filters 2 & 3 don’t meet the funding requirements. Water and sewer operating revenue will now be used to fund repairs to these two filters. Financial impacts: As indicated by each budget amendment. Staff recommendation and comments: To approve the attached ordinance and budget amendments. For clerk’s use AGENDA ITEM: 6.E Consent agenda Regular agenda Closed session ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE Capital Project Water Treatment Plant Filters # 2 & 3 Repairs/Rebuild The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. This ordinance is a capital project ordinance hereby authorizing the repair and/or rebuild of Water Treatment Plant filters # 2 & 3. Section 2. Revenues anticipated to be available to the town to complete the project: Water Treatment Plant Filters # 2 & 3 TOTAL $179,200 $179,200 Section 3. The following amounts are appropriated for this project: Water Treatment Plant Filters # 2 & 3 TOTAL $179,200 $179,200 Section 4. This ordinance shall be amended in any manner to add additional appropriations, modify or eliminate existing capital projects, and/or add new capital project, so long as it continues to fulfill the requirements of G.S. 159-13.2 and other applicable laws. Section 5. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of May in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 69-26-3870-3870-510 TRANSFER FROM WSF-WTP FILTERS #s2&3 05/09/2022 0.00 179,200.00To separate filters 2&3 24408 179,200.00EBRADFORD 69-26-8120-5700-773 WTP FILTERS REPAIR #s 2 & 3 05/09/2022 0.00 179,200.00To separate filters 2&3 24409 179,200.00EBRADFORD 358,400.00 EBRADFORD 3:28:57PM05/03/2022 fl142r03 Page 1 of 1 W&S Util. Cap. Improv. W&S Util. Cap. Improv. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 2022 Department: Planning Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Evan Punch, Planning Tech Shannan Campbell, Planning and Economic Development Manager ITEM TO BE CONSIDERED Subject: Special Event Permit: Fleet Feet BIGRUN5K Attachments: 1. Special Event Permit Application: Fleet Feet Carrboro & Durham 2. Field layout for park and running path 3. Insurance information Brief summary: This 5K run will start and finish at the Occoneechee Speedway Track. Action requested: Approve, approve with conditions, or deny permit usage of Riverwalk ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: Low/minimal. 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: _________________________________________________ 4/13/22, 11:54 AM Fleet Feet Mail - Occoneechee Speedway Use https://mail.google.com/mail/u/0/?ik=4b50d58de3&view=pt&search=all&permthid=thread-a%3Ar8450688960507421471&simpl=msg-a%3Ar-1084709…1/3 Nora Ayers <nora.ayers@fleetfeet.com> Occoneechee Speedway Use 7 messages Nora Ayers <nora.ayers@fleetfeet.com>Thu, Apr 7, 2022 at 4:19 PM To: kcherry@classicalamericanhomes.org Cc: Katy O'Mara <katy.omara@fleetfeet.com> Hi Kevin! I am looking into the possibility of hosting a 5K in Hillsborough on June 1st, 2022 and was wondering if it would be possible to use the Speedway track for the event. I work for Fleet Feet in Carrboro/Durham and we put on a timed 5K on the first Wednesday of June (in the evening) to celebrate global running day. We're looking to switch things up from our previous location and we are interested in seeing if the speedway is available. I am in the process of also reaching out to the Town of Hillsborough because of needing permission for the use of the Riverwalk and space along Elizabeth Brady Rd, so I know there are lots of pieces that need to fall into place. I'm more than happy to chat further about our idea of what this would look like and whatever necessary steps you need from me. Feel free to give me a call on my cell if you need or we can chat over email. We've been longtime supporters and participants of the races that the Hillsborough Running Club and Martin Wileman have put on, and would love to add another fun running event to the Hillsborough community. Thanks so much for considering! Best, Nora 919-724-2852 (cell) Nora Ayers <nora.ayers@fleetfeet.com>Tue, Apr 12, 2022 at 6:14 PM To: kcherry@classicalamericanhomes.org Cc: Katy O'Mara <katy.omara@fleetfeet.com> Hi Kevin, I just wanted to check back in with you about hosting an event at the Occoneechee Speedway Track on June 1st, more details below. Thanks so much for your consideration. Best, Nora Ayers [Quoted text hidden] Kevin Cherry <kcherry@classicalamericanhomes.org>Wed, Apr 13, 2022 at 8:12 AM To: Nora Ayers <nora.ayers@fleetfeet.com> Nora, The track is available on June 1st. I imagine your folks will just need the track and will just run on it as part of a bigger track? 4/13/22, 11:54 AM Fleet Feet Mail - Occoneechee Speedway Use https://mail.google.com/mail/u/0/?ik=4b50d58de3&view=pt&search=all&permthid=thread-a%3Ar8450688960507421471&simpl=msg-a%3Ar-1084709…2/3 Kevin From: Nora Ayers <nora.ayers@fleetfeet.com> Sent: Tuesday, April 12, 2022 6:14 PM To: Kevin Cherry <kcherry@classicalamericanhomes.org> Cc: Katy O'Mara <katy.omara@fleetfeet.com> Subject: Re: Occoneechee Speedway Use [Quoted text hidden] Nora Ayers <nora.ayers@fleetfeet.com>Wed, Apr 13, 2022 at 9:12 AM To: Kevin Cherry <kcherry@classicalamericanhomes.org> Hi Kevin, Yes, we would use the track as the start/finish line and do a full loop as part of the race course. We'd like to have a finish line party after - snacks, popsicles, drinks (no alcohol) and music. We would also need to rent portable toilets for the runners. We would need to be able to set up around 5 pm, the race would start at 6:30 pm, and we'd be all wrapped up/out of the area by 8:30 pm. Does this all still work? Thanks so much - Nora [Quoted text hidden] Kevin Cherry <kcherry@classicalamericanhomes.org>Wed, Apr 13, 2022 at 9:50 AM To: Nora Ayers <nora.ayers@fleetfeet.com> Nora, See the aached. We will not charge you any fees for the site, but your organizaon will need to have insurance for the event. Kevin From: Nora Ayers <nora.ayers@fleetfeet.com> Sent: Wednesday, April 13, 2022 9:12 AM To: Kevin Cherry <kcherry@classicalamericanhomes.org> [Quoted text hidden] [Quoted text hidden] Speedway Site Use Agreement 4-13-2022.docx 36K Nora Ayers <nora.ayers@fleetfeet.com>Wed, Apr 13, 2022 at 11:07 AM To: Kevin Cherry <kcherry@classicalamericanhomes.org> Hi Kevin, Thank you so much! We'll get this returned today. We are really excited for the event (will confirm that the Town of Hillsborough approved, once the board meets in the next two weeks). best, 4/13/22, 11:54 AM Fleet Feet Mail - Occoneechee Speedway Use https://mail.google.com/mail/u/0/?ik=4b50d58de3&view=pt&search=all&permthid=thread-a%3Ar8450688960507421471&simpl=msg-a%3Ar-1084709…3/3 Nora [Quoted text hidden] Nora Ayers <nora.ayers@fleetfeet.com>Wed, Apr 13, 2022 at 11:07 AM Draft To: Katy O'Mara <katy.omara@fleetfeet.com> [Quoted text hidden] Speedway Site Use Agreement 4-13-2022.docx 36K 4/13/22, 11:55 AM Fleet Feet Mail - Parking at OE Enterprises https://mail.google.com/mail/u/0/?ik=4b50d58de3&view=pt&search=all&permthid=thread-a%3Ar8890973110383657348&simpl=msg-a%3Ar-84529750…1/2 Nora Ayers <nora.ayers@fleetfeet.com> Parking at OE Enterprises 3 messages Nora Ayers <nora.ayers@fleetfeet.com>Thu, Apr 7, 2022 at 4:27 PM To: samuelsm@oeenterprises.org Cc: Katy O'Mara <katy.omara@fleetfeet.com> Hi Margaret, I am looking into the possibility of hosting a 5K in Hillsborough on June 1st, 2022 and was wondering if it would be possible to use the parking lot of OE Enterprises as parking for our participants. I work for Fleet Feet in Carrboro/Durham and we put on a timed 5K on the first Wednesday of June (in the evening) to celebrate global running day. We're looking to switch things up from our previous location and we are interested in seeing if the Speedway and Riverwalk. I am in the process of also reaching out to the Town of Hillsborough and Kevin Cherry for use of the Occoneechee Speedway Track, so I know there are lots of pieces that need to fall into place - especially the parking! We wouldn't be able to do this without making sure parking would be available. I know you have typically worked this out with Martin Wileman for the races he's held out there on the weekends, and I know our event is a little different being on a Wednesday evening (my guess is we would be looking at parking from ~5:30-8:30pm). I'm more than happy to chat further about our idea of what this would look like and whatever necessary steps you need from me. Feel free to give me a call on my cell if you need or we can chat over email. We've been longtime supporters and participants of the races that the Hillsborough Running Club and Martin Wileman have put on, and would love to add another fun running event to the Hillsborough community. Thanks so much for considering! Best, Nora 919-724-2852 (cell) Margaret Samuels <samuelsm@oeenterprises.org>Thu, Apr 7, 2022 at 4:54 PM To: Nora Ayers <nora.ayers@fleetfeet.com> Cc: Katy O'Mara <katy.omara@fleetfeet.com> Hello Nora, Yes-during the week events would have to be after 4pm. So 5:30pm should be fine. We would need a COI with OE names as additional insured for at least $1million. Thanks, Margaret 919-699-4400 [Quoted text hidden] Nora Ayers <nora.ayers@fleetfeet.com>Thu, Apr 7, 2022 at 5:16 PM To: Margaret Samuels <samuelsm@oeenterprises.org> Cc: Katy O'Mara <katy.omara@fleetfeet.com> Hi Margaret, 4/13/22, 11:55 AM Fleet Feet Mail - Parking at OE Enterprises https://mail.google.com/mail/u/0/?ik=4b50d58de3&view=pt&search=all&permthid=thread-a%3Ar8890973110383657348&simpl=msg-a%3Ar-84529750…2/2 That sounds great, thank you so much! We could get the COI for you, and I'll keep you posted about the plans. I really appreciate it! Best, Nora [Quoted text hidden] Holder Identifier : 7777777707070700077763616065553330771737467327554707653314552626112072463444267211130763514002167100207037015623335402074626635321673200770401135443675607104033170272332077727252025773110777777707000707007 6666666606060600062606466204446200620002404226202206022026262040200062220062400620200600200426224200006220006062040200062220040600420200622220426004202006220024042202400066646062240664440666666606000606006Certificate No : 570092684159 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/14/2022 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. PRODUCER Aon Risk Services Northeast, Inc. New York NY Office One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 11991National Casualty CompanyINSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: Fleet Feet Sports, LLC and its Registered Members P.O. Box 1269 Carrboro NC 27510 USA COVERAGES CERTIFICATE NUMBER:570092684159 REVISION NUMBER: 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.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $300,000 $5,000 $1,000,000 $3,000,000 $1,000,000 A 12/31/2021 12/31/2022KRO0000009024100 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) BODILY INJURY (Per accident) COMBINED SINGLE LIMIT (Ea accident) EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT OTH- PER STATUTE Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: The Big Run 5K - Carrboro/Durham - June 1, 2022. Town of Hillsborough, address: 101 E. Orange Street Hillsborough, NC 27278), Classical American Homes Preservation Trust (Ayr Mount/Occoneechee Speedway Trail), address: 320 Elizabeth Brady Rd, Hillsborough, NC 27278, OE Enterprises, address: 348 Elizabeth Brady Rd, Hillsborough, NC 27278 are included as Additional Insured in accordance with the policy provisions of the General Liability policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVETown of Hillsborough 101 E. Orange Street Hillsborough NC 27278 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. From:noreply@municipalonlinepayments.com To:Evan Punch Subject:Payment Notification - Payment in Lieu Fee - Recreation Date:Tuesday, April 19, 2022 4:00:56 PM Town of Hillsborough This is your payment receipt. Confirmation Number QNGGQV3FVY Payer Contact Info nora.ayers@fleetfeet.com Payment Method ************5941 Payment in Lieu Fee - Recreation Please tell us what you are paying for (provide name or address of project, permit number, or type of review): The Big Run 5K - run event sponsored by Fleet Feet Base Price $55.00 Total $55.00 Municipal Online Services Login AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 2022 Department: Planning Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Evan Punch, Planning Tech Shannan Campbell, Planning and Economic Development Manager ITEM TO BE CONSIDERED Subject: Special Event Permit: Expedition School Field Day Attachments: 1. Special Event Permit Application: The Expedition School Field Day at Gold Park 2. Field layout for park reservation 3. Insurance information Brief summary: This Field Day event will consist of six stations set up on the field at Gold Park. There will be three groups, each group has appx. 125 students and staff. Each group will be on the field for about an hour and a half. Action requested: Approve, approve with conditions, or deny permit usage of Gold Park for the event ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: None. Staff recommendation and comments: Suggested conditions: Volunteers and teachers need to park at the school and walk to the park to allow for some parking in the Gold Park lot for members of the general public. 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): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 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: _________________________________________________ ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED.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. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD THEEX-1 OP ID: ML 01/19/2022 Michelle R. Long, CIC, CISR Insurance People of NC P.O. Box 3006 Durham, NC 27715 John S Ramsey 919-383-0442 michelle@inspeople.com Utica National Insurance Group Accident Fund General Ins. Co The Expedition School 437 Dimmocks Mill Rd., Ste. 33 Hillsborough, NC 27278 A X 1,000,000 X 4790163 02/01/2022 02/01/2023 300,000 10,000 1,000,000 3,000,000 3,000,000 1,000,000 1,000,000A X 5141984 02/01/2022 02/01/2023 X X X 2,000,000A 4790437 02/01/2022 02/01/2023 2,000,000 10000X XB WCV6210529 07/21/2021 07/21/2022 500,000 500,000 500,000 A 4790163 02/01/2022 02/01/2023 Contents 609,521 A Employee Dishonest 4790163 02/01/2022 02/01/2023 Crime 250,000 TOWNHIL Town of Hillsborough PO Box 429 Hillsborough, NC 27278 919-383-0442 25976 10166 Emp. Ben. Property Section AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 2022 Department: Utilities Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Utilities Director K. Marie Strandwitz, PE ITEM TO BE CONSIDERED Subject: Ordinance to amend Town Code Section 14-57(b) regarding utilities extensions Attachments: 1. Proposed code changes - redlined 2. Draft Ordinance to modify town code section 14-57(b) Brief summary: The code allows for the town to specify extensions considering town-wide and systemwide needs. Further clarity is offered to avoid confusion within the development community. Action requested: Adopt ordinance with requested changes. ISSUE OVERVIEW Background information and issue summary: As above. This item is cross referenced in subsequent sections 14-58, 14-59, 14-60 and 14-60.1 which covers extensions to different types of projects in- and out-of-town. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 6.H Consent agenda Regular agenda Closed session Created: 2022-03-23 09:59:21 [EST] (Supp. No. 44) Page 1 of 1 PART II - CODE OF ORDINANCES Chapter 14 UTILITIES Sec. 14-57. In-town extensions to developed property. (a) Subject to section 14-61, the responsibility for and initial cost of extending water and sewer service to developed property within the town shall be borne by the town. (b) For purposes of this article, an extension of the town's water and/or sewer system shall include any and all improvements deemed necessary by the town to serve the property and in consideration of town-wide and systemwide needs such as long-range planning, operations, water quality, pressure, and system redundancy. Necessary improvements may include not only the construction of new lines but also the replacement of existing lines, looping of water mains, installation of pump stations, or construction of oversized lines. Extensions shall extend across the entire length of the parcel. (c) Extensions shall generally be made only upon request of the owner of the property or properties to be served. However, the town may make extensions on its own initiative whenever the lack of service poses a threat to public health or safety, or for other good and sufficient reasons. (d) Whenever the cost of an extension to developed property within the town is initially borne by the town, the town will recover the cost to the maximum extent possible by charging front footage fees to benefitted property owners at the time connection is made. Alternatively, the town reserves the right to recover the cost by special assessment. (e) It shall be unlawful to begin construction of buildings or project infrastructure until a construction permit has been issued by the town engineer. This permit will be contingent upon approval of the final development plans for the project by the town engineer, execution of a water and sewer agreement, if applicable, and the ascertaining of all necessary permits for construction by other agencies. (Prior Code, § 14-57) ORDINANCE Amending Chapter 14, Section 14-57(b) The Hillsborough Board of Commissioners ordains: Section 1. Section 14-57 (b) is hereby amended by adding the word “and” after the word “property”, hyphenating the word “town wide”, adding “such as long-range planning, operations, water quality, pressure, and system redundancy” to the end of the first sentence, adding “looping of water mains” in the second sentence and adding “Extensions shall extend across the entire length of the parcel” as the third sentence, as follows: (b) For purposes of this article, an extension of the town's water and/or sewer system shall include any and all improvements deemed necessary by the town to serve the property and in consideration of town-wide and systemwide needs such as long-range planning, operations, water quality, pressure, and system redundancy. Necessary improvements may include not only the construction of new lines but also the replacement of existing lines, looping of water mains, installation of pump stations, or construction of oversized lines. Extensions shall extend across the entire length of the parcel. 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 9th day of May in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 2022 Department: Governing Body Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Mayor Jenn Weaver ITEM TO BE CONSIDERED Subject: Memorial Day 2022 Proclamation Attachments: Proclamation Brief summary: Proclamation in honor of Memorial Day 2022. Action requested: Adopt proclamation in honor of all members of the armed forces who have lost their lives in service to their country and to recognize and support the families and loved ones of the fallen and encourage all residents to reflect on their role in creating a more just, peaceful nation and world. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 6.I Consent agenda Regular agenda Closed session PROCLAMATION Memorial Day 2022 WHEREAS, Memorial Day is a day of reflection and solemn observance to honor the men and women of the armed forces who have lost their lives in service to their country; and WHEREAS, what is now known as “Memorial Day” has its roots in Decoration Day – a day first observed on May 1, 1865 and led by Black soldiers including the 54th Massachusetts and the 34th and 104th U.S. Colored Troops, Black veterans, white missionaries, and newly emancipated Black citizens of Charleston, South Carolina to honor the dead Union troops buried at a planters’ racetrack; and WHEREAS, we honor all men and women of all wars and conflicts who fought and died on behalf of our treasured ideals and do so with the clear-eyed recognition of the horrors war brings to all those it touches, WHEREAS, the military service members who have fallen in combat leave behind families and other loved ones who are left with the pain of their loss and carry that loss with them for the remainder of their days, experiencing the true cost of war in ways the majority of their countrymen and women cannot; and WHEREAS, Memorial Day, in accordance with a joint resolution of Congress passed May 11, 1950, is also a day dedicated as a call to prayer for permanent peace; and WHEREAS, toward the goal of peace, Memorial Day is a day for somber reflection on lives lost and potentials left unfulfilled, and for holding fast to our earnest hope for and commitment to non-violent solutions to conflict and a true, lasting peace where all people can thrive; and WHEREAS, from that first Decoration Day until now, we have made much progress as a nation and people to live up to the ideals for which so many have given the ultimate sacrifice, yet have much more work to do; and WHEREAS, one way to honor the dead is to treat the living well; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim May 31st, 2022 Memorial Day in the Town of Hillsborough in honor of all members of the armed forces who have lost their lives in service to their country, call on community members to recognize and support the loved ones of the fallen, and encourage all residents to reflect on their role in creating a more just, peaceful nation and world. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 9thday of May in the year 2022. Jenn Weaver, Mayor Town of Hillsborough AGENDA ABSTRACT: Item to be considered | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 2022 Department: Community Services Public hearing: No Date of public hearing: PRESENTER/INFORMATION CONTACT Margaret A. Hauth, Assistant Town Manager ITEM TO BE CONSIDERED Subject: Information – legal description corrected in annexation ordinance for Valley Forge Road Attachments: Updated ordinance Brief summary: On December 13, the board adopted an ordinance annexing land on Valley Forge Road owned by Orange County. The ordinance included a legal description based on a 1971 deed. The land has since been surveyed. The boundary has changed slightly since a portion of the eastern boundary is Cates Creek. The ordinance has been updated with the new description to match the plat being recorded concurrently. This qualifies as a scrivener’s error to the original ordinance. Action requested: No action needed – for information only ISSUE OVERVIEW Background information and issue summary: Staff is allowed to correct scrivener’s errors in board actions but must share those changes with the board. This process helps keep the public records transparent and easier to understand. Financial impacts: Staff recommendation and comments: For clerk’s use AGENDA ITEM: 6.J Consent agenda Regular agenda Closed session Ordinance No. 20211213-6.F Return to: Hillsborough Planning Department, P.O. Box 429, Hillsborough, NC 27278 The following ordinance was introduced by Commissioner Kathleen Ferguson, and duly seconded by Commissioner Robb English. AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS PROPERTY WHEREAS, a petition was received requesting the annexation of 12.866 acres on Valley Forge Road by the owners, Orange County; WHEREAS, the Parcel Identification Number (PIN) for the requesting property is 9874-30- 3619; WHEREAS, the petition was signed by the owners of all the real property located within such area; and WHEREAS, a public hearing on the annexation was held on October 21, 2021 following notice of such hearing published in the News of Orange County on October 6 and 13, 2021. NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. The Board of Commissioners finds that a petition requesting the annexation of the area described in Section 2 was properly signed by the owners of all the real property located within such area and that such area is contiguous to the boundaries of the town of Hillsborough, as the term "contiguous" is defined in G.S. 160A-31(f). Section 2. The following area is hereby annexed to and made a part of the Town of Hillsborough: Beginning at an existing iron pipe (EIP), said EIP having NC Grid values N=841,342.34 E=1,972,998.94 and being in the eastern line of Sports Endeavors, Inc. and within a 130’ Duke Power Easement, said EIP being the southwest corner of Douglas and Kimberly Robins; thence, with Robins’ southern line and crossing Valley Forge Road, S 66°32'37" E 340.80' to a point at the Town of Hillsborough’s southwestern corner; thence, with Town of Hillsborough’s southern line and the center of Cates Creek the following six calls: S 44°10'27" E 64.43', S 31°44'19" E 218.40', S 43°33'59" E 426.64', S 47°31'17" E 133.73', S 16°39'34" E 43.85', S 26°26'23" W 279.05' and S 23°08'49" W 39.72' to a point in the northern Right-of-Way (R/W) of Interstate 85; thence, with said R/W, S 70°05'49" W 370.59' to an iron pipe set (IPS) in the eastern R/W of NC Railroad; thence, with said R/W, the following three calls: N 25°01'46" W 683.80' to an IPS, along a curve to the right having a radius of 2262.69' (chord N 23°49'49" W 198.61') for an arc length of 198.68' to an IPS, along a compound curve to the right having a radius of 1308.15' (chord N 19°11'06" W 149.77') for an arc length of 149.85' to an IPS; thence, leaving said R/W and with the eastern line of Sports Endeavors, Inc., N 06°01'17" E 280.43' to the point or place of beginning containing 12.866 acres, more or less, according to Annexation Map of Property of The County of Orange, survey of Riley Surveying, P.A., dated April 26, 2022. Section 3. This Ordinance shall become effective on adoption. Section 4. The Town Clerk shall cause to be recorded in the Office of the Register of Deeds of Orange County and in the Office of the Secretary of State an accurate map of the annexed territory described in Sections 2 together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of December 2021. Ayes: Noes: Absent or Excused: Town of Hillsborough Sarah E. Kimrey, Town Clerk SEAL STATE OF NORTH CAROLINA COUNTY OF ORANGE I, , a Notary Public of the County and State aforesaid, certify that Sarah E. Kimrey personally appeared before me this day and acknowledged that she is the Town Clerk for the Town of Hillsborough, a North Carolina municipal corporation, and that she, as Town Clerk, being duly authorized to do so, executed the foregoing instrument to acknowledge that it is an Annexation Ordinance duly adopted by the Town of Hillsborough Board of Commissioners on the date indicated. Witness my hand and official seal, this the _____ day of ____________, ____. (Official Seal) _____________________________ Notary Public My commission expires. AGENDA ABSTRACT: Item to be considered | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 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: Ordinance to amend Town Code to add appendix 7B to establish right of way encroachment standards Attachments: Draft ordinance Brief summary: There are no standards currently adopted or endorsed to guide the manner in which staff can allow encroachments within the town street rights of way, despite numerous permits and agreements having been approved. Action requested: Adopt ordinance to amend the town code and add right of way encroachment standards as appendix 7B. ISSUE OVERVIEW Background information and issue summary: The attached draft was developed using the Town of Matthews standards as a basis and adjusting for Hillsborough practices. This appendix is only to address encroachments in town street rights of way. We have no role in managing private streets or allowing encroachments along private streets. The utilities chapter will be addressing encroachments in water and sewer easements and rights of way. Financial impacts: Staff recommendation and comments: Public works and Utilities staff collaborated on this draft. For clerk’s use AGENDA ITEM: 6.K Consent agenda Regular agenda Closed session ORDINANCE NUMBER: XXXXXXXX-X.X Ordinance amending Town Code Section 7 to add Appendix B: Street Right of Way Management – Construction by Others The Hillsborough Board of Commissioners ordains: Section 1. Section 7, Streets and Sidewalks, of the Hillsborough Town Code, is hereby amended by adding the attached language as Appendix B – Street Right of Way Management- Construction by others. 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 9th day of May in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk Appendix B – Street Right-of-Way Management - Construction by Others 1.0 Purpose The following standards and provisions are intended to provide reasonable parameters to others wanting to undertake work in the town street rights of way. The adoption of these standards is not a mandate on utility companies to improve their existing systems to meet the defined standards. However, the Town's expectation is that utility companies will comply with the standards on all future installation, upgrade, relocation, and maintenance projects. Failure to comply with the standards and provisions and the conditions in the resultant Encroachment Agreement will result in no further Agreements for the utility company issued by the Town until they are brought into compliance. The Town recognizes that the manner in which past facilities may have been installed varied depending on the environmental and other conditions of a given location. The Town further understands that accommodations may need to be made depending on the specifics of a given project. Therefore, it is the intent of the Town to work closely with the utility companies to find a mutually agreeable solution to all reasonable requests when the standards and applicable conditions pose unique challenges. Finally, please note that quicker review times can be expected when projects have no or few deviations from the standards. While no set of standards can assure complete and perfect protection of public health and safety conditions in all circumstances, the adoption of carefully considered standards are intended to create a consistent and desirable quality-of-life environment for the community as a whole. The following regulations are adopted to apply to utility construction and maintenance located in public street rights-of-way within the jurisdiction of the Town of Hillsborough. If any provision of this policy as now or later amended, or its application to any person or circumstance is held invalid, the invalidity does not affect other applicability of the remainder of this policy. Nothing in these Standards and Provisions creates or is intended to create private rights of action by individuals. 2.0 Applicability Encroachment Agreements are required for underground, at grade, above ground, and aerial work within town street rights of way. This includes but is not limited to: Buried lines and utilities by non-town of Hillsborough forces Aerial utility lines using existing poles owned by others Driveways Fences Retaining & decorative walls Driveway pipe extensions Encroachment Agreements are also required for underground, at grade, and aboveground work in a location where the town of Hillsborough has an existing easement for its water or sewer system. Standards for these encroachments are governed by Chapter 14 of this code. Where encroachments impact town street rights of way and parallel water and sewer easements, a single Agreement will be reviewed and approved by Public Works and Utilities prior to work beginning. 3.0 Requirements for all Encroachment Activities 3.1. All construction and maintenance work by forces not employed by the town in town street rights-of-way requires an Encroachment Agreement issued by Hillsborough Public Works. 3.1.1. The Encroachment Agreement and plans must be submitted by the applicant (utility company, adjacent property owner, contractor). Hillsborough Public Works has 30 working days to respond after receipt of complete package. This timeframe applies to standard submissions for new installation requests, unless the Town determines that extraordinary factors warrant a longer review period. Existing facility maintenance timeframes will be determined by Hillsborough Public Works on a case-by-case basis. 3.1.2. Construction should not occur or be scheduled to occur before the review is complete and the Encroachment Agreement is signed. 3.1.3. Hillsborough Public Works may determine, on a case-by-case basis, that a Pre-Construction Conference is warranted. 3.1.4. A copy of the Encroachment Agreement must be kept at the construction site. 3.1.5. Hillsborough Public Works must be notified 5-7 workdays prior to the actual start of work. 3.1.6. If pavement will be cut as part of the project, a Utility Cut Permit will also be required, which has additional provisions including an additional notification to the Town 48 hours prior to the pavement cut. 3.1.7. The Encroachment Agreement applicant must provide, if requested by the Town, a report describing the technical purpose and function of the proposed facilities. 3.1.8. Review by the Town does not certify the structural integrity of facility or structure. The obligation is on the applicant to ensure that collocated facilities can handle the additional loading on poles, structures, etc. 3.2. North Carolina General Statutes (NCGS) § 89 Article 8A, known as the "Underground Utility Safety and Damage Prevention Act" (as modified from time to time), applies to all construction covered by Encroachment Agreements issued by the Town of Hillsborough. 3.3. Requirements of NCDOT and the Manual on Uniform Traffic Control Devices (MUTCD) shall be in force when performing any work in the Town's streets and rights of way. 3.4. These Standards and Provisions are intended to provide the Town with the maximum authority available to the Town in the regulation of applicable structures; to comply with the Town's obligations under applicable State and federal law; and to promote the public's health, safety, and welfare. Accordingly, they shall be interpreted in light of such intention and are consistent with State, Federal and local laws and regulations at the time of adoption. 3.5. These standards shall apply to all Town-owned street rights-of-way. Exceptions may be granted by the Town on a case-by-case basis at the Town's sole discretion. 3.6. Note that, if crossing another entity's right-of-way (e.g. NCDOT, rail lines, etc.), the standards and requirements of that entity may differ from, or supersede, these standards. It is the responsibility of the Encroachment Agreement applicant to meet all applicable standards and obtain necessary property rights for right-of-way work. 3.7. All facilities shall be designed and installed in accordance with appropriate industry standards, applicable laws, and national and state building codes, including, but not limited to, the National Electric Code and National Electric Safety Code. 3.8. Applicants shall take all reasonable steps necessary to protect and structurally support existing utilities, facilities and structures within the Town rights-of-way. 3.9. Utilities are encouraged to consolidate their facilities, wherever reasonable, onto one pole line or in one joint-trench or duct bank. Quicker review time can be expected when facilities are co-located. 3.10. Installation of encroachments on highway structures such as bridges or culverts is generally prohibited. Hillsborough Public Works will review such proposed installations on a case-by-case basis if the town is responsible for maintenance of the structure. 3.11. Any relocation involving a streetlight requires prior approval from Hillsborough Public Works. 3.12. All utility installations crossing signalized intersections, requiring pole replacements, must be bored underground. For maintenance purposes, this does not apply to pole owners. 3.13. The right-of-way shall be restored to an equal or better condition than existed prior to the project and shall meet current accessibility guidelines. 3.14. Utilities shall maintain documentation of their respective facility locations/relocations and shall provide such documentation to the Town of Hillsborough upon written request. The Town recognizes that some of the information provided may be proprietary in nature. In such instances, utilities shall mark clearly and with particularity the sections of information it considers to be proprietary or otherwise not subject to the Public Records Act so that the Town can make any necessary determinations regarding such information. 3.15. Vertical utility markers are not permitted within the Town's rights-of-way. 3.16. The proposed installation shall be built in compliance with the approved plans on file. An electronic copy of the as-built drawings is required to be given to Public Works within ninety (90) days after construction is completed. This requirement may be waived for incidental at-grade installations like paved driveways. 3.17. A utility owner shall keep on file as-built drawings and photographs depicting the entire facility installation, including all transmission equipment and all utilities. 3.18. A utility owner shall comply with all applicable provisions of these rules, any Encroachment Agreement issued under these Standards and Provisions, and all other applicable federal, state, and local laws. Any failure by the Town to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under these Standards and Provisions or all other applicable laws and regulations. 3.19. The encroaching facility shall be developed, maintained, and operated in full compliance with the conditions of any applicable Encroachment Agreement, and any law, statute, ordinance or other regulation applicable to any development or activity on the site. Any violation of the conditions of approval for any applicable Encroachment Agreement, or any other law, statute, ordinance or other regulation applicable to any development or activity may result in the revocation of this Encroachment Agreement. The remedies specified in this section shall be cumulative and the Town may resort to any other remedy available in law or in equity. 3.20. The Town may, at its sole discretion, allow for the testing of innovative construction methods that are not explicitly contemplated in these standards and provisions where there is mutual advantage to the Town and the utility company. Upon successful evaluation, the Town may amend the Standards & Provisions to incorporate the construction methods as a new practice. 3.21. Riparian (stream) buffers are regulated within Section 6.20.16 of the Town of Hillsborough’s Unified Development Ordinance. Direct impacts to the riparian buffer (both temporary and permanent) must be avoided. If riparian buffer impacts cannot be avoided, written buffer authorization must be obtained from the town on a case-by-case basis. 3.22. Dewatering activities must minimize impacts on surrounding soils and vegetation. Discharges should be made at non-erosive velocities, directed to stable vegetated surfaces and to the maximum extent practicable should not include sediment or other contaminates. Where practical dewatering discharges should utilize filter bags. 3.23. Drilling water/mud must be discharged in a manner to minimize impacts. Like other dewatering activities, drilling water/mud discharges should made at non-erosive velocities, directed to stable vegetated surfaces and to ethe maximum extent practicable drilling clay/mud should be contained using filter bags or equivalent. Discharging drilling/clay and other contaminates into the town’s Municipal Separate Storm Sewer (MS4) system, including surface waterbodies, is a violation of the town’s illicit discharge ordinance. 3.24. Disturbed soils and vegetated areas should be minimized to the maximum extent practicable. Disturbed areas should be stabilized using appropriate erosion control techniques such as seeding, mulching, matting, etc. Stabilization should occur within 48 hours after the disturbance is complete. 4. Non-Utility Encroachments 4.1. Property owners may receive Encroachment Agreements to install underground, at grade, and aboveground encroachments within the Town rights-of-way when the encroachments meet or exceed the standards in this subsection. Any proposed encroachment in a utility easement is governed by Chapter 14 of this code. 4.2. Driveways or driveway aprons must: 4.2.1. Contain 6” depth of pavement for the portion located within any town street right of way when made of concrete. 4.2.2. Work with existing slope to maintain stormwater drainage. 4.2.3. Decorative pavers, bricks, and the like may be allowed on a case-by-case basis without an Encroachment Agreement if not permanently installed. Hillsborough Public Works must be notified and inspect the work to confirm an agreement is not required. Permanent installation (with concrete or similar) of these materials requires an Encroachment Agreement. 4.2.4. Gravel connections do not require Encroachment Agreements 4.3. Driveway pipe extensions: 4.3.1. Must be sized and sloped as directed by Hillsborough Public Works to maintain, establish, or improve stormwater drainage 4.3.2. Must be constructed of HDPE double wall pipe or RCP (Reinforced Concrete Pipe). 4.4. Fences and gates are to be located outside the public right of way. 4.4.1. Requests to encroach in the public right of way will be considered on a case-by-case basis. 4.4.2. The minimum separation from the improved portion of the street and the drainage system will be determined by Public Works based on the site conditions at the time of application. 4.4.3. May cross Hillsborough water and sewer utility easements only if a separate utility encroachment is granted by the Utilities department which may contain additional stipulations. 4.5. Retaining and decorative walls are to be located outside the public right of way. 4.5.1. Requests to encroach in the public right of way will be considered on a case-by-case basis when the installation is not more than 4 feet in height, does not require a building permit, and is not atop water and sewer lines. 4.5.2. The minimum separation from the improved portion of the street and the drainage system will be determined by Public Works based on the site conditions at the time of application. 4.5.3. May not cross public water and sewer mains or be located within a Hillsborough utility easement. 5. Above Ground and Aerial - Utility 5.1. New pole installations are not anticipated in Hillsborough. Applications for new above ground utilities requiring a new pole network will be reviewed and considered on a case-by-case basis and consistent with relevant state law. 5.2. Wireless communication equipment may be attached to existing poles with the exception of decorative poles, traffic signals, and pedestrian lights. Approval must be granted from the pole owner and the Town of Hillsborough. 5.3. The Town may, in its discretion, require additional screening to be installed in order to minimize the visual impact of any new poles or associated utility cabinets. The Town may, at its discretion, require that associated equipment cabinets or facilities be installed underground. 5.4. Approval must be granted through the local Historic District Commission within the historic overlay zoning district of the Town. 5.5. New or expanded above-ground utility facilities (other than poles and facilities located on poles) such as pedestals, terminals, cross boxes, interfaces, remote terminals, and other items of industry standard nomenclature ("above-ground structure") that are part of a utility's distribution system (i.e., does not include facilities or devices that primarily serve individual properties) may be located in the rights-of- way only upon issuance of an Encroachment Agreement in accordance with the standards set forth below. Above-ground structures shall not interfere with the operation and maintenance of existing utilities, facilities, roadways or walkways within the public rights-of-way and may not be located in sight preservation triangles at intersections or driveways. 5.6. Above Ground Utility Structure Location Criteria. The following are preferred locations that minimize the aesthetic impact of the proposed above-ground structure: • Dead-end streets • Property line between two homes • Heavily wooded areas • Corner lot side yards • In front of residential privacy fences • Next to existing above-ground structures • Outside the line-of-sight from driveways/intersections • Edge of Town rights-of-way • Cabinets are to be placed so that doors do not swing into walkways or roadways 5.7. Screening on above- ground structures still may be necessary on a case-by-case basis and will use the following suggested list of hardy shrubs suitable for utility cabinet screening: • English Laurel • Japanese Yew • Leatherleaf Viburnum • Japanese Holly • Burford Holly • Emily Brunner Holly • Hetzi Holly • Hetzi Juniper • lnkberry Holly • Yaupon Holly 5.8. In the event that screening, appearance, or other conditions are not adequate to minimize the impact of the structure, additional reasonable camouflage may be required, or the Encroachment Agreement may be denied. 5.9. The Town encourages the installation of wireless transmission equipment on an existing structure for the purpose of transmitting or receiving radio frequency signals for communications purposes to avoid unreasonable duplication of wireless facilities. Co-located facilities and equipment may be separately owned and used by more than one entity. 5.9.1. All new communication facilities shall be designed and constructed to provide for co- location and utilize neutral host equipment capable of use by multiple additional wireless communication providers. 5.9.2. As a condition of installing a new pole or facility for personal wireless communication services, the owner of a new pole shall reasonably consent to allowing future requests for co-location by other providers of personal wireless services on reasonable terms and conditions that do not discriminate between similarly situated providers of wireless communication services. 5.9.3. New wireless communication poles that cannot be co-located on an existing pole must be separated by a minimum of 400 feet from existing poles. 6.0 Underground 6.1. Hillsborough supports North Carolina’s Dig Once policy and requires compliance with it on town streets in addition to the state road network. 6.2. Pull boxes and hand holes 4 feet by 4 feet in area or smaller shall be acceptable. Larger pull boxes, hand holes, manholes, and vaults may be permitted on a case-by-case basis as determined by Hillsborough Public Works. 6.3. Pull boxes and hand holes shall have a mark or tag identifying the owner. 6.4. Pull boxes, hand holes, manholes, and vaults shall be located outside the sidewalks where possible. They shall not be located in driveways, curb ramps, or within the intersection corner radius. A minimum 30-foot corner radius shall be recognized, where the existing corner radius is smaller. If the existing corner radius is greater, then the facility shall be placed beyond the end of the radius. 6.5. Pull boxes, hand holes, manholes and vaults, if permitted to be in pedestrian/non-motorized areas, shall have lids identifying the utility owner with an ADA compliant and skid resistant surface. Lids shall have a minimum vertical load capacity of 20,000 lbs. in accordance with ANSl/SCTE 77 and ANSI Tier 15 test provisions. L ids shall be one piece for boxes 30 inches by 48 inches and smaller unless otherwise approved by Hillsborough Public Works. 6.6. If permitted, pull box, hand hole, and manhole lids shall be flush and centered within a single section of sidewalk. Vertical surface discontinuities shall be no more than ½” maximum and that those between ¼” and ½” shall be beveled with a slope no more than 50%. Any sinking that occurs shall be repaired within 30 days of the notice from Hillsborough Public Works or other entity. 6.7. Only directional drilling is allowed for horizontal bores. Conduit proposed to be installed by horizontal directional drilling shall be approved with minimum review by Hillsborough Public Works. Drilling details shall be provided on the construction plans and installation shall conform to the requirements contained in this document for horizontal directional drilling. 6.8. All proposed facility installations crossing laterally at intersections shall be drilled, bored or tunneled to minimize open cuts. If Hillsborough Public Works agrees that drilling, boring or tunneling are not feasible, then open cutting may be permitted through a separate Utility Cut Permit. Micro-trenching is allowed and will be reviewed on a case-by-case basis. 6.9. Open cuts and trenching may be permitted by Town of Hillsborough on a case-by-case basis. Open cuts, if permitted, shall conform to the Town of Hillsborough Utility Cut Policy and NCDOT Street Maintenance Utility Cut Specification Manual and Attachments. 6.10. All proposed utilities shall be placed in such a way as to not interfere with the operation and maintenance of existing utilities, facilities, roadway, driveways or pedestrian walkways within the public rights-of-way or easements. 6.11. Construction located within planting strips shall comply with the following guidelines: 6.10.1. Parallel conduit installation shall maintain a minimum clearance of 5 feet from the trunk of any tree within the right-of-way when trenching. When boring conduit closer than 5 feet from existing tree trunks a minimum bore depth of 5 feet will be required. 6.10.2. Pull boxes, hand holes, manholes, vaults and bore pits shall be installed outside tree root protection zones. 6.10.3. Special attention shall be given to the placement of construction equipment (such as boring rigs and contractor vehicles) in order to avoid compaction of soil and damage to existing roots in the root protection zone. 6.10.4. Temporary tree protection fencing is required to be installed prior to any trenching. 6.11. Facilities damaged by the applicant shall be made safe within 24 hours after discovery. Repair or replacement shall be scheduled to occur within 90 days or as soon as replacement materials are available. If town forces make the repairs, the applicant will be charged for the town expenses. 6.12. All non-metallic underground facilities shall be installed with a tracer wire providing the ability to be located from the surface by conventional electronic tracing technology. Applicants will have to document continuity of the tracer wire network prior to project completion. 6.13. Underground Construction Methods 6.13.1. When Horizontal Directional Drilling, a three foot (3') minimum depth shall be used and should follow the construction and safety practices as described in the "Horizontal Directional Drilling Installation Guidelines" manual, current edition, published by the National Utility Contractors Association (NUCA). All current Occupational Safety and Health Administration (OSHA) guidelines shall be adhered to. 6.13.2. Jack Sleeve and Bore 6.13.2.1. Jack Sleeve and Bore operations should follow the construction and safety practices as described in the "Guide to Pipe Jacking and Micro Tunneling Design" manual, current edition, published by the National Utility Contractors Association (NUCA). All current Occupational Safety and Health Administration (OSHA) guidelines shall be adhered to. 6.13.2.2. All bore pits less than 5 feet deep shall be minimum distance of 5 feet from the back of curb or from the edge of pavement. All bore pits 5 feet deep or greater shall be a minimum distance from the back of curb or from the edge of pavement based on a ratio of one foot of separation per one foot of depth. By example, a 10-foot-deep pore pit shall be a minimum of 10 feet from the back of curb or edge of pavement. 6.13.2.3. Bore pits shall be protected and made safe by fencing around or plating over. 6.13.3. Micro-trenching 6.13.3.1. Micro-trench operations may be permitted in specific circumstances and with detailed review by Hillsborough Public Works, Hillsborough Stormwater, and Hillsborough Utilities when this technology is deemed a benefit to both the applicant and the town. 7.0 Other Provisions 7.1. The Town's Encroachment Agreement approval does not authorize any construction on private property, rail rights-of-way, utility easement, state-maintained streets or any areas not controlled by the Town of Hillsborough. Any crossing or parallel routing of a facility along state-maintained streets requires an Encroachment Agreement with the North Carolina Department of Transportation (NCDOT). To obtain a NCDOT Encroachment Agreement in the Hillsborough area, contact NCDOT Division 7, District 1 Engineer’s Office. 7.2. Steel plates and construction signs shall have a mark or tag identifying the owner and owner contact information. 7.3. All right-of-way lines are to be shown on submitted plans. Orange County tax mapping is not to be used as right-of-way data. Issuance of an Encroachment Agreement by the Town is not an approval or verification of right-of-way lines shown on the plans. The Town of Hillsborough does not guarantee the right- of-way of the road, nor will it be responsible for claims for damages brought by any property owner. 7.4. Access to properties shall be maintained at all times. 7.5. The contractor shall utilize door hangers, telephone contact, e-mail contact or some other form of notice to notify residents and businesses of pending utility work. Notices shall include the project name; a brief description; the contractor's 24-hour contact information; and the proposed schedule for work in the immediate area. The contractor shall distribute the notices concurrent with submittal of other utility locate requests to 811 and a minimum of 7 days prior to commencement of beginning work. This does not apply to emergency situations. 7.6. The contractor shall comply with requirements of the Section 5 of the Town Code relating to construction and other nuisance noise, utility separation requirements, and all other applicable ordinances. 7.7. Special attention shall be given to the placement of construction equipment (such as boring rigs and contractor vehicles) and materials to not obstruct sight distances. Staging areas shall be organized by the contractor, shown in application materials, and include written authorization from the property owners. Staging shall not occur in the right of way. 7.8. The contractor shall not close or block sidewalk on both sides of a street or more than two consecutive blocks on the same side of the street. 7.9. Restoration of all improvements shall be completed on a block-by-block basis to reestablish functionality of the right-of-way as soon as possible. The contractor must begin restoration of the first block upon starting new installation of the second block. In lieu of this requirement a temporary and permanent restoration plan prescribing specific restoration phasing may be included with the Encroachment Agreement application. 7.10. Hillsborough Public Works shall be provided notice of the final inspection upon completion of the installation. All punch list items shall be resolved within 30 days. AGENDA ABSTRACT: Item to be considered | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 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: Authorization to discontinue franchise agreement for commercial solid waste collection Attachments: Current franchise agreement Brief summary: The commercial waste collection contract and franchise agreement come up for renewal in July. By using an exclusive franchise, this agreement requires commercial and multi-family developments to contract with GFL for collection of solid waste. Staff recommends ending this practice and desire to provide notice to the vendor. Action requested: Authorize staff to provide notice to GFL of the town’s intent of discontinuation of this agreement ISSUE OVERVIEW Background information and issue summary: The attached agreement allows for termination by convenience with 60 days’ notice. As the agreement ends on July 31, so long as the town provides notice by June 1, the agreement may end on its termination date. One of the original purposes of the agreement was to establish service standards for sites using dumpsters. Some amendments are needed to the town code to bring those service standards into the code. Staff will be working on those amendments for review at the June meeting. Staff have asked the Chamber of Commerce for feedback on making this change but received no specific input. If discontinuation is approved, staff intend to notify all local businesses within two weeks via post card so they are aware they can contract with the vendor of their choice. Financial impacts: None. Staff recommendation and comments: Staff recommends ending this agreement and giving businesses the flexibility to contract with the provider they prefer. Our smaller businesses could contract with a provider who has roll-out carts rather than dumpsters. For clerk’s use AGENDA ITEM: 6.L Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 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 – Waterstone South Attachments: 1. Interest Letter and Exhibit Maps 2. Parcel Map Brief summary: This project is an assemblage of parcels, some in Capkov ownership and some not. The PINS and ownership of the parcels are outlined in the parcel map. A portion of the parcel (PIN 9873422375) that fronts Waterstone Drive is within the town’s jurisdiction and is zoned ESU (Entryway Special Use) with a future land use designation of Mixed Use. The remaining parcels are all shown in the future land use plan as Mixed Residential Neighborhood Use. Assuming Capkov acquires all parcels and annexes the parcels together, the annexation would be contiguous. A portion one of the parcels (PIN 9872494705) is outside of the town’s water and sewer boundary. Capkov provided a masterplan layout with the letter that is being included, as they are not exploring a specific use and zoning districts at this time. In order to process an annexation, we would need specific zoning district(s) for each parcel or group of parcels when that information is more finalized. Capkov also provided letters of support from HYAA and LKSV Waterstone that were not included in the packet as we have not encouraged or allowed such letters for other annexation interest requests. Action requested: Direction to staff and potential petitioner on whether annexation should move forward, if more information such as fiscal analysis is needed, or if annexation should not move forward at this time. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: None explored at this time. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 7.A Consent agenda Regular agenda Closed session 5/4/2022 Dear Hillsborough Board of Commissioners, We respectfully ask that you consider opening discussions with us about the potential annexation of an assemblage of properties located along Waterstone Drive and running southward. We think the site is an important part of Hillsborough’s future growth and warrants a more thorough discussion about uses, density, and how the site can help fulfill both current needs and long-term goals of the Town of Hillsborough. It is our understanding that a “letter of interest” from this Board of Commissioners is the first step towards opening discussions and our request is only that we began a conversation. I represent Capkov Ventures, a local community builder from Chapel Hill. Scott Kovens started the company back in 1989 and his son, Joe Kovens, now manages the company. I have worked with Capkov for the last 30 years developing residential communities in Orange County, primarily in Chapel Hill and Carrboro. Capkov is a locally owned and family run development company that has developed some of the most sought-after communities in the area – including Bolin Forest, Franklin Grove, Columbia Place, Winmore, and the Cedars at Bolin Forest, where I live. In May 2018, we purchased sixteen acres of land along Highway 86 adjacent to UNC Hospital just south of Waterstone Drive. Since then, we have continued to assemble land in that area and have now purchased just over one hundred acres. The property has a quarter of a mile of frontage along Waterstone Drive starting at the edge of the UNC Hospital parking lot and running eastward towards Highway 86. It then runs south towards the New Hope Church of the Nazarene. On the “Future Land Use Map” the property is shown as Mixed Use Residential, it is contiguous with the Town of Hillsborough Town Limits, and is in the Primary Water and Sewer Area as shown on the Town of Hillsborough Water and Sewer Service Area map (Exhibit E). Three sewer manholes are located at three different spots along our property line providing sewer availability at all three locations (See Exhibit A). No offsite public extensions of water or sewer would be necessary. The property is located north of I-40, and the Rural Buffer. It is a short walk to both Stanback Middle School, and New Hope Elementary School. The property is south of Downtown and north of I-40 in the area that the Town of Hillsborough has expressed an interest in seeing future residential development (see Exhibit B). It is in the Elizabeth Brady drainage basin where most of the sewer is new and in good repair, and the transportation network of Old Highway 86, New Highway 86 and I-40 would minimize the impact of traffic on Hillsborough’s Downtown. PO Box 16815 • Chapel Hill, NC 27516 • (919) 942-8005 Capkov Ventures a Kovens Company Developing Homes And Co mmunities Since 1954 , In Ch apel Hill Since 1972. Our preliminary concept plan (see exhibit C) includes. 1. Middle Income Housing. 2. Affordable Housing. 3. Day Care. 4. Multi-Family Apartments. 5. Townhomes. 6. Ten Acre Park for Baseball or Soccer Fields. 7. Medical Office/ Outpatient Care. 8. Commercial Alternatives. The proposed preliminary master plan is just intended to be a point to start from. We would like to know what the Town of Hillsborough’s thoughts are on the uses, the density, and the following topics. 1. Affordable Housing. Capkov has made significant contributions to affordable housing in every development we have built over the last 20 years. We look forward to working with Hillsborough to make affordable housing part of our proposal. 2. Parks and Recreation: On the southern portion of the property, we have envisioned dedicating a public park for baseball fields and/or soccer fields. In talking with members of the community we believe there is a need for baseball fields. We would like to discuss this and other potential recreational needs with the Commissioners. 3. What kind of homes does Hillsborough need? We are interested in discussing what type of housing Hillsborough would like to see. Our preliminary master plan has focused on multi- family, and townhomes. We would like to hear from the commissioners on the type and mix of homes. 4. Sewer Capacity Issues: We are fully aware of the sewer capacity issues currently facing the Town of Hillsborough. We want to explore ways in which we can contribute to addressing some of these problems. We are willing to pay our share and want to discuss other things we can do to free up capacity. Rebuilding or eliminating pump stations that currently serve our property has also been discussed as a possible solution. Both the Alice Loop Station and the New Hope Church Stations seem to be prime candidates. 5. Phasing the development: We would like to discuss phasing the project to minimize impacts on the Town’s infrastructure. Our preliminary master plan includes commercial uses along Waterstone Drive with potential outpatient services for UNC Hospitals. We would like to discuss potential phasing of both the residential and commercial aspects of our plan. 6. Public Sidewalk Extensions and Connectivity: Extending public sidewalks to link Stanback Middle School and New Hope Elementary to Waterstone Drive will be part of our proposal. We would like to discuss the routing as well as other potential pedestrian connections. We envision greenways connecting Waterstone and UNC to the community open space and the dedicated public park. 7. Transit Opportunities: We would like to discuss potential transit opportunities and proactively designing the community for public transportation in line with the Hillsborough Circulator Routes. 8. Economic Impact: The economic impact of our proposal based on our preliminary master plan shows significant increases in Hillsborough’s tax base from both the commercial and residential portions of the proposed development. We would like to take a closer look at how we can maximize the positive economic impact. We think the location of the property provides so many opportunities for the future growth of Hillsborough. We think it has so much more potential with annexation than the alternative of large homes on large lots with well and septic. Please consider our request to start a discussion about the property through a letter of interest. Best Regards, Eric Chupp Director of Development Capkov Ventures Inc. (919) 260-7262 Exhibit A: Location of Sewer Service Exhibit B: Area Map Exhibit C: Preliminary Master Plan Exhibit D: Hillsborough’s Future Land Use Map Exhibit E: Hillsborough’s Water and Sewer Service Area Map Future Development Mixed Use/ Residen6al Neighborhood UNC Hospital Water and Sewer Connec6on Water and Sewer Connec6on Water and Sewer Connec6on *“Contract Nego6a6ons for width and exact loca6on. Minimal width shown.” Proposed Site * EXHIBIT A UNC Hospital Medical Campus Retail/Office Townhomes Durham Tech Community College Hotel/ Retail Retail/ Office Medical Office Fire StaAon Fire StaAon Research Triangle LogisAcs Park MulA Family Community Park Daycare Townhomes Single Family Economic Development/ Employment Mixed Use/ ResidenAal Neighborhood Mixed Use/ ResidenAal Neighborhood Future Development Retail/ Office Stanback Middle New Hope Elementary School *“Contract NegoAaAons for width and exact locaAon. Minimal width shown.” * EXHIBIT B BLOCK DTOWNHOMES/ SINGLE FAMILYW/ POTENTIALAFFORDABLEHOUSING25-50 UNITS6.9 ACRESBLOCK CAPARTMENTS175-250 UNITS8.3 ACRESBLOCK ATOWNHOMES/ SINGLE FAMILY70-100 UNITS7.4 ACRESBLOCK GTOWNHOMESW/ POTENTIALAFFORDABLEHOUSING65-95 UNITS5.9 ACRESBLOCK ITOWNHOMESW/ POTENTIALAFFORDABLE HOUSING30-40 UNITS3.4 ACRESBUFFER & STREAM BUFFEROPEN PLAY FIELD BLOCK BAPARTMENTS175-250 UNITS8.5 ACRESBLOCK FRESIDENTIALSENIOR LIVING3.1 ACRESBLOCK JMEDICAL OFFICE /RETAIL / MIXED USE100,000 SF6.0 ACRESBLOCK KMEDICALOFFICE /RETAIL /MIXED USE100,000 SF6.0 ACRESPOTENTIALCONNECTIONTO UNC150' DUKEPOWEREASEMENTOPEN PLAY FIELD BLOCK HRESIDENTIALSENIOR LIVING2.3 ACRESPROPOSEDBUS STOPBLOCK ECOMMERCIAL& AMENITIES3.1 ACRESBUSSTOPPROPOSEDBUS STOPOPEN PLAY FIELD PRESERVEDOPEN SPACE /WALKING / BIKINGTRAILSPUBLICRECREATIONDEDICATIONBASEBALL /SOFTBALLFIELDSOCCERFIELDCHILDCAREFACILITYMULTI-PURPOSETRAILCONCEPT PLAN1" = 200'C2001C2000200100400CONCEPTPLANSheet NumberSheet Title:RevisionsDateCheckedDrawnProject:Job Number: 20375-27-21DAJDAJ, EKG, MTCWaterstoneCapkovPRELIMINARY-DO NOTUSE FOR CONSTRUCTION111 West Main StreetDurham, N.C. 27701p 919.682.0368f 919.688.5646www.cjtpa.comENGINEERING . PLANNING . LANDSCAPE ARCHITECTURE NC BOARD OF EXAMINERS FORENGINEERS AND SURVEYORSLIC # C-1209NC BOARD OF LANDSCAPEARCHITECTS LIC # C-104SITESITE DATACURRENT ZONING: HILLSBOROUGH - EDH-2ORANGE COUNTY - R1 & RBEXISTING LAND USE:WOODED & SINGLE FAMILY RESIDENTIALOVERLAY DISTRICT: STONEY CREEKMAJOR TRANSPORTATIONOUTSIDE FLOODPLAIN. THIS SITE IS IN FLOOD ZONE X (MINIMAL FLOODHAZARD) PER FEMA, FIRM PANEL 3710987300JEFFECTIVE DATE 2/2/2007 & FIRM PANEL3710987200K, EFF. DATE 11/17/2017.Exhibit C ArcGIS Web Map Town of Cary, Orange County, NC, State of North Carolina DOT, Esri, HERE, Streets Urban Service Area HillsboroughLandUse Attached Residential Education Employment Light Industrial Medium-Density Residential Mixed Residential Neighborhood Mixed Use Neighborhood Mixed Use 3/18/2021, 6:49:47 PM 0 1 20.5 mi 0 1.5 30.75 km 1:72,224 Web AppBuilder for ArcGIS Town of Cary, Orange County, NC, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, USGS, METI/NASA, NGA, EPA, USDA | Exhibit D Exhibit E Parcel Map: Capkov Waterstone South PINS: 9873422375 (already annexed, bordering Waterstone Drive) AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 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: Fiscal Year 2023 Manager’s Recommended Budget Presentation Attachments: None. Brief summary: The town manager will provide an update on the FY23 Manager’s Recommended Budget. Action requested: Receive presentation and provide any feedback. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: No specific financial impacts identified for this presentation. Staff recommendation and comments: N/A For clerk’s use AGENDA ITEM: 7.B Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 2022 Department: Police Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Lt. Chip White ITEM TO BE CONSIDERED Subject: Amplified Noise Ordinance Update Attachments: Summary presentation Brief summary: Present a brief overview of the status of our amplified sound ordinance and our experiences with it since making changes in the fall. Action requested: None. ISSUE OVERVIEW Background information and issue summary: Over the past few years, we have been working to address noise issues associated with amplified sound and made changes to our ordinance in an effort to improve the situation and our ability to respond. Since making the last changes in the fall of 2021 we have seen positive improvements. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 7.C Consent agenda Regular agenda Closed session Noise Ordinance Update March 30, 2022 Key Factors Summary of when and what the noise ordinance changes were, and why they were implemented. Impacts/Changes in calls for service (before and after). Violations and enforcement. Issues or challenges that continue or that have arisen. Business/Community feedback. Noise Ordinance (Pre-April 2021) Section 5-4. Special Provisions for Amplified Sound Limits it shall be unlawful for any person to cause or allow the emission of sound from any source or sources which exceed the following maximum decibel limits for more than 20 percent of any measurement period: 1. Sunday-Thursday 7:00 AM to 11:00 PM: 65 decibels 2. Sunday-Thursday 11:00 PM to 7:00 AM: 55 decibels 3. Friday-Saturday 7:00 AM to Midnight: 65 decibels 4. Friday-Saturday Midnight to 7:00 AM: 55 decibels Noise Ordinance Amended (April 2021) Sec. 5-4. - Special Provisions for Amplified Sound. (Amended Times) (1)Sunday Thursday 7:00 a.m. to 11:00 p.m. 65 decibels (2)Friday Saturday 7:00 a.m. to midnight. 65 decibels (Amended to add: Amplified Sound Cutoff) Outside of the times listed [above] it shall be unlawful for any person to cause or allow the emission of amplified sound from any source or sources which results in a complaint and can be heard at any occupied residential property or from the property of a complaining business outside of the sound source. Sound Meter Challenges Must be regularly serviced and calibrated. At times, when sent off for service or calibration, the department is without the sound meter, or we obtain one on loan from another agency. Sound measurements must be taken for a measurement period of 5 minutes. At any point during the 5-minute period, any detection of other external sounds (people yelling, trains, loud vehicle traffic, etc.) the recording is --15 minutes. Other Challenges Prior to the ordinance change, officers would hear amplified noise and conduct a sound measurement. But often, could only request for the amplified noise to be turned down. This was due to the officer not knowing if the readings indicated a violation until after they were downloaded and calculated at the Police Department. This process delayed resolution for the complainant. Bass vs. Noise: Officers often reported that even when the decibel readings were within compliance, the bass was actively vibrating windows at a nearby residence. Impacts/Changes Prior to the ordinance change, the average call for service was 48 minutes. (Some calls for service exceed an hour and one exceeded two hours.) Post the ordinance change, the average call for service is currently 16 minutes. Officers spent 4.5 hours responding to the last 5 complaints under the previous ordinance. The 5 complaints since the ordinance change, officers have spent 1.4 hours responding. Those affected by amplified sound are now provided resolve in minutes as opposed to an hour or more. Violations/Enforcement (November 2019 - April 2021) 1. January 12, 2020 Hot Tin Roof - Verbal Warning 2. February 9, 2020 Hot Tin Roof - Verbal Warning 3. March 15, 2020 Hot Tin Roof - Verbal Warning *4 months (November 2019 March 2020) 14 calls for service. ** Time gap from March 2020 to April 2021 due to COVID restricted openings Violations/Enforcement (Post-April 2021) 1. October 17, 2021 Hot Tin Roof - Notice of Violation - Warning Letter. 2. January 16, 2022 Hot Tin Roof - Notice of Violation ($50.00 fine). 3. March 6, 2022 Hot Tin Roof - Notice of Violation ($100.00 fine). NOTE: These have been the only violations. *11 months (April 2021 Present) 6 calls for service Continued Issues/Challenges Loud noise that is not amplified sound (patrons, loud vehicles leaving, etc). Is technically not covered under the provisions for amplified sound and as such there to non-amplified sound, and it would be addressed under the provisions of Section 5-1 or 5-2. Most often the source is not present once officers arrive to these kind of complaints. Sec. 5-4(h) Appeal Any person who is assessed a civil penalty may appeal directly to the chief of police in writing within ten days. They may appeal the decision of the chief of police directly to the Town Board. Exactly when the 10-day clock starts is not clearly defined. Violators are notified by officers at the time of the violation of the potential violation, but due to the verification period of the complaint/violation and postal time, the violator may not receive the official violation letter until close to or after 10 days from the date of the violation. We believe the 10-day clock begins on delivery confirmation (tracking) of the violation letter from the Post Office. Continued Issues/Challenges Collection of fines may be a developing issue. To date, Hot Tin roof has been issued two fines a $50 fine on January 16th, and a $100 fine on March 6th. To date, neither fine has been paid. Any use of the sound meter continues to be a challenge due to its technical nature and the infrequent use. It is difficult to keep officers trained and familiar with the device so they are comfortable using it effectively. Community Feedback calling the police 3- ~ David Payne (134 W. Margaret Ln.) ~ Maria Flanagan (164 W. Margaret Ln.) ~ Mark Bateman (Co-owner Hot Tin Roof) AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: May 9, 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 April 2022 Budget • Upcoming FY23 Budget Dates: o 5/9 FY23 budget presentation for Board o 5/13 FY23 budget document delivered to Board o 5/23 Budget workshop and public hearing o 5/31 Second budget workshop (if needed) o 6/13 Consider adoption of FY23 Budget & Financial Plan Communications • Branding rollout ― Delivered swag items, checked proofs, created or assisted with new templates, updated documents, created business cards for utilities employees. • Town materials ― Worked on May print newsletter and updating social media policy, reviewed Stormwater Almanac, created newcomers brochure and affixed bag with brochure and trash pickup information to trash rollout carts to be delivered to Waterstone Terraces, Crescent Magnolia and some homes in Collins Ridge. • Website ― Created new development projects landing page with interactive map, updated all third-party software used by the town website for security and stability, upgraded website database operating system and engine, published all individual mayor and commissioner pages, moved calendar and Contact Us links to top section of Government menu for ease in finding, received presentation of Revize website platform. • Utilities outreach ― Worked on scam news release with translation, created leaks bill insert for glossy third-page size to be tested in May and June bills, translated wastewater collection documents, started review of new forms. • Other ― Worked on street banner project, contacted neighborhood associations for inclusion of sustainability plan presentation at meetings, edited Treasure Tree article, edited draft best practices document for the Orange County Climate Change Council. Fleet Maintenance • No updates. Human Resources/Town Clerk • Biweekly payrolls RECRUITMENT AND SELECTION Position Status Assistant Finance Director Open until filled. Engineering Manager Open until filled. Planner Recruitment closes 5/13. Police Officer Continuous recruitment Utility Maintenance Mechanic Open until filled. Utility Maintenance Technician Open until filled. Administrative Services Report | 2 Information Technology • Completed Laserfiche on-premise to Laserfiche Cloud migration. This migration adds ease of use and ease of access. This will also allow the town to expand use of Laserfiche. • Completed annual security awareness training for 2022. Three live virtual sessions were offered. A recording of the sessions was made available for the employees unable to attend one of the live virtual sessions. • Registered the Town of Hillsborough for Priority Telecommunications Services (PTS) with CISA (Cybersecurity and Infrastructure Security Agency). GETS (Government Emergency Telecommunications Service) will now be available for use in the EOC and other priority voice lines and WPS (Wireless Priority Service) will be available on cellular devices. Once registered and approved, all PTS services add a “high probability of completion” to voice and cellular calls placed as GETS or WPS calls. 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. • Worked on workers comp and property/liability renewals to be submitted in May. • Meetings - HR team meeting, division meetings, ADA Compliance meeting, Star Gazers (Department of Labor) meetings and renovation @NC 86 meeting. • Random drug screens ― On target for 2nd 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 and 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. Quarterly Transparency Report January-March 2022 Hillsborough Police Department This reports summarizes quarterly activity and data in the following areas: •Reported Incidents and Crimes •Arrest Data •Internal accountability •Use of Force •Marijuana and Paraphernalia enforcement •Mental Health Responses •Traffic Enforcement Efforts •Traffic Stop Data •Search Data •Department Training •Community Engagement Reported Incidents NOTE: Crime data is being reports using NIBRS (National incident Based Reporting System) and UCR (uniform Crime Reporting) procedures. As a result, when combined with our relatively low numbers, this data is not always an accurate reflection of crime in our community. An example from this month is aggravated assaults. We only had 2 aggravated assault incidents, however in one of them a subject waved a gun at a crowd of people. This crime is counted based on the victim, so displaying the gun to 12 people results in 12 aggravated assaults being reported, ev en though it was all one incident. UCR Part 1 Reported Crimes Jan-Mar Apr-Jun Jul-Sep Oct-Dec 2022 (YTD) Homicide 0 0 Rape 1 1 Robbery 1 1 Aggravated Assault 13 13 Part 1 Violent Crimes Total 15 15 Burglary 7 7 Larceny/Theft 114 114 Motor Vehicle Theft 5 5 Part 1 Property Crimes Total 126 126 Total Part 1 Crimes 141 141 Other Offenses Reported 2022 (YTD) Drug Offenses 22 22 Simple Assault 18 18 Forgery/Counterfeit 0 0 Fraud 10 10 Embezzlement 3 3 Stolen Property 1 1 Vandalism 7 7 Prostitution 0 0 Other Sex Offences 1 1 Gambling 0 0 Offense against family/child 1 1 DWI 5 5 Alcohol Violations 3 3 Disorderly Conduct 1 1 B H W U/O TOTAL Custodial Arrest 13 2 11 0 26 Citation/Summons 9 7 21 0 37 Warrant Served 29 3 12 1 45 Total Arrests 51 12 44 1 108 Resident 19 3 7 0 29 Non resident 32 9 37 1 79 January - March 2022 Arrests Arrest Summary TOTAL OF ALL CHARGES 176 WARRANT SERVICE (other jurisdiction)62 LARCENY-SHOPLIFITING/CONCEALING MDSE 19 POSSESSION OF DRUG PARAPHERNALIA 12 LARCENY-MISDEMEANOR 8 ALL OTHER OFFENCES 7 DRIVING WHILE IMPAIRED 5 DWLR 5 POSSESSION OF COCAINE 5 ALCOHOL VIOLATION 4 ASSAULT ON A FEMALE 4 ASSAULT-SIMPLE 4 POSSESSION OF CONTROLLED SUBSTANCE 4 INJURY TO PERSONAL PROPERTY 3 LARCENY-FELONY 3 TRAFFIC OFFENCE NOT DWI 3 CARRYING A CONCEALED WEAPON 2 LARCENY BY EMPLOYEE 2 LARCENY-ALL OTHER 2 POSSESSION OF MARIJUANA 2 RESIST DELAY OBSTRUCT 2 ASSAULT WIK INFLICTING SERIOUS INJURY 1 B&E FELONY 1 CHILD ABUSE OR NEGLECT-NON VIOLENT 1 COMMUNICATING THREAT 1 DRUNK AND DISRUPTIVE 1 FINANCIAL TRANSACTION CARD FRAUD 1 HIT AND RUN 1 IDENTITY THEFT 1 LARCENY-SWITCHING PRICE TAG 1 OBTAIN PROPERTY BY FALSE PRETENSE 1 OPEN CONTAINER WHILE DRIVING 1 POSSESSION OF A FIREARM BY A FELON 1 POSSESSION W/ INTENT TO SELLOR DELIVER 1 PROBATION VIOLATION 1 SEXUAL BATTERY 1 SIMPLE ASSAULT-ALL OTHER 1 TRESPASSING-2ND DEGREE 1 VIOLATION OF 50-B ORDER 1 Orange County Pre- Arrest Diversions 5 OCPAD 4 Larceny - Shoplifting 1 Drug Violation HPD officers made a total of 108 criminal arrests of individuals during the first quarter, with a total of 176 separate charges. Definitions: •Custodial Arrests are typically on-view crimes for which an officer makes a physical arrest and takes the subject before a magistrate. •Warrant Served means the officer arrested the subject and took them before a magistrate for an existing warrant or order for arrest. •Citation/Summons means to offender was charged by issuing a citation or serving a summons and was not physically taken into custody. Internal Accountability Summary of Complaints •Complaint that officers did not do enough on call for service involving a dispute between neighbors. (Not Sustained) •Officer was alleged to have exceed his authority and performed an improper search while assisting a business with terminating a possibly armed employee while the officer was off- duty. (Not Sustained) •Received a phone message complaining that officers illegally searched a subject’s wife. Multiple attempts were made to call the subject back but no further contact as made. A review of all records could not find any events possibly matching the allegations. (Unfounded) •Officer was alleged to have not acted when witnessing an assault during a domestic disturbance. Review found the allegation was false. (Unfounded) •Complaint was received about an officer not wearing a face covering inside a local business as required. (Sustained) •Received a complaint that an officer entered an intersection on a yellow light (which turned red while officer was still in the intersection) and that several weeks prior officers had blocked traffic doing a traffic stop. (Not Sustained) •Officer dealing with a disturbance/trespassing issue was alleged to have yelled at a citizen, treated her rudely and cursed at her. (Not Sustained) •Complaint was received about an officer’s conduct while off-duty. (Review on-going) Definitions: Sustained –Investigation found the allegation to be valid and the officer’s actions were against policy or expectations. Not Sustained –The investigation found that the officer’s actions were within policy and expectations, or there was insufficient evidence to prove or disprove the allegations. Unfounded –The investigation found that the allegation was baseless or untrue. Details on Displays of Force •Officers displayed handguns while searching a house for a wanted subject with history of weapons and violence. Subject located and arrested without incident. •Officer responding to disturbance with weapon encountered armed subject and drew his handgun. Subject fled and was arrested. •Officers responded to a call about a subject holding a gun in a parking lot. Officers encountered subject and drew handguns until subject put gun down. No charges resulted. •Wanted subject fled from officers. Officer caught subject and drew taser until subject was taken into custody. Jan-Mar Use of Force Reviews 11 Complaints 8 7 Uses of Force Pursuit/Refuse to Stop 1 3 Physical (minor) Internal/Admin 3 4 Physical (moderate) PEWS 0 4 Displays of Force Safety/Accident 0 3 Handgun TOTAL IA REVIEWS 23 1 Taser Internal Accountability Reviews 11 Use of Force Reviews Use of Force HPD’s review of 11 force-related incidents found that force of some type was used in 7 of the incidents and involved 8 subjects and 13 officers. 1Q %YTD % Total Arrests 108 108 Arrests w/ UoF 3 33%3% % of Arrests Involving Use of Force Summary of Use of Force Incidents •Officers talking to assault suspect. Family member tried to intervene, and officers had to physically separate them. Very little force used. (Physical – minor) •Subject in crisis and had attempted to damage a 3rd party’s property and started to run while officers were trying to talk to her. Officers chased and had to take her to the ground to detain her. Minor injuries (abrasions) due to scuffling on pavement. (Physical –significant) •Officers attempting to detain intoxicated subject at disturbance. Subject started twisting and pulling away from officers while being handcuffed and had to be held in place. (Physical –minor) •Officers had to hold down and then carry an extremely intoxicated subject in crisis to an ambulance. No injuries. (Physical –minor) •Officers escorting impaired trespasser from business. Subject was unsteady and kept pulling away from officers as they escorted him, and they had to hold his arms. (Physical –minor) •While on a possible overdose call, a subject started to assault another involved party, and an officer grabbed her from behind and pulled her away to separate them. (Physical –moderate) •While on a domestic, one party lunged at the other and officers believed assault was imminent, so they held her and pulled male away from situation. (Physical –moderate) Marijuana (Schedule VI) Seizures This section presents information on seizures of marijuana (MJ) and marijuana-related paraphrenia (P). Drugs and paraphernalia not related to marijuana are not included. B W H O Individuals with MJ/P Seized 19 12 6 0 1 No resulting MJ/P charges 15 10 4 0 1 Referred to OCPAD 1 0 1 0 0 Charged with MJ/P only 1 1 0 0 0 Charged MJ/P w/ other criminal charges 2 1 1 0 0 MJ/P Seizures 19 Arrests with MJ/P Charges 3 All Other Criminal Arrests 105 MJ/P Arrests as % of total Arrests %MJ/P Sezures with arrest MJ/P Arrests as % of all arrests 16%3% Demographics Disposition Jan-Mar 2022 Detail on cases Charged(3): 1.B/M was charged with possession of marijuana and paraphernalia found after he was arrested for larceny. He was also charged with possession of another controlled substance and found to have an active warrant. 2.B/M was charged with Marijuana Possession (only) after officers responded to a suspicious vehicle call. Subject had prior history of drug and other charges and there were indications of possible sales activity. 3.W/F was charged with paraphernalia found after she was arrested for larceny and found to have an active warrant. Mental Health/Crisis Response Calls This section presents information on HPD’s responses to subjects having mental health issues or in crisis. The term “consumers” is used to describe these individuals. Data presented is based on reports in HPD’s records system. CIT Reports 13 Responses with Use of Force 2 Responses with Juvenile Consumer 2 January-March 2020 Details of Use of Force Situations: •Subject in crisis and had attempted to damage a 3rd party’s property started to run while officers were trying to talk to her. Officers had to take her to the ground to detain her. Minor injuries (abrasions) due to scuffling on pavement. •Officers had to hold down and then carry an extremely intoxicated subject in crisis to an ambulance. No injuries. NOTE: 2 reports this quarter involved the same consumer Traffic Enforcement Efforts Local Complaints and Focus Areas Location Complaint Time Spent Actions Faucette Mill Rd/Dalton St Stop Signs/Speeding/Dirt Bikes 3:41 0 Actions Orange Grove St Construction Trucks Speeding 3:09 7 Stops, 5 Cit, 2 WW Harper Rd Speeding and Racing 6:19 4 Stops, 1 Cit, 3 VW Cornwallis Hills Speeding and Stop Signs 10:28 6 Stops, 3 WW, 3 VW Queen St @ Hassel St Speeding and Stop Signs 3:06 2 Stops, 1 WW, 1 VW Truck Route Ordinance Violations 6:27 0 Violations Observed Lakeshore Dr Speeding 3:11 3 Stops, 2 Cit, 1 WW Waterstone Dr Speeding 9:18 25 Stops, 13 Cit, 5 WW, 7 VW Nash St Speeding, Passing School Bus 2:34 4 Stops, 3 VW Totals 47:48 51 Stops, 21 Cit, 12 WW, 17 VW Governors Highway Safety Program Participation Campaigns St. Patrick’s Booze-It-or-Lose-It 7 speeding citations, 5 other citations Other Initiatives Speed a little, lose a lot (Speeding)19 Initiatives Click-it-or-Ticket (Seatbelt)4 Initiatives Saturation Patrol 1 Initiative CIT=Citation WW=Written Warning VW= Verbal Warning The Hillsborough Police Department spends time focusing on traffic issues that are received directly from our citizens and as part of statewide campaigns through the Governor’s Highway Safety Program. HPD also incorporates locations where there have been accident trends as focus areas for enforcement efforts. Traffic Stop Data (General) Black Hispanic White Other/Unk Total Traffic Stops 497 135 53 300 9 DWI 2 0 0 0 2 Investigation 15 3 1 11 0 Safe Movement 53 17 6 27 3 Speeding 201 45 19 132 5 Seatbelt 30 8 2 20 0 Stoplight/Sign 76 17 9 50 0 Equipment 62 24 8 30 0 Regulatory 57 21 6 30 0 Demographic Traffic Stops and Initial Reason 1st Quarter Total Traffic Stop Data (Enforcement) Black Hispanic White Other/Unk All Enforcement 497 135 53 300 9 Arrest 15 8 2 5 0 Citation 147 40 19 85 3 Written Warn 154 40 16 94 4 Verbal Warn 171 44 14 111 2 No action 10 3 2 5 0 1st Quarter Total Enforcement Demographic Search Data Black Hispanic White Other/Unk Total Searches 27 16 3 8 0 Erratic/Suspicious Behavior 1 1 0 0 0 Observed Suspected Contraband 16 9 2 5 0 Other Official Information 5 2 1 2 0 Suspicious Movements/Actions 0 0 0 0 0 Informant Tip 0 0 0 0 0 Multiple Search Basis Noted 5 4 0 1 0 1st Q Search Data Demographic Basis/Reason for Search Black Hispanic White Other/Unk All Stops 497 135 53 300 9 Total Searches 27 16 3 8 0 Probable Cause 20 12 3 5 0 Incident to Arrest 5 2 0 3 0 Consent 1 1 0 0 0 Frisk 1 1 0 0 0 Search Warrant 0 0 0 0 0 Search Types Demographic1st Q Search Data Search Data Search Details •1 protective search was done on a driver with numerous recent weapons charges. •5 Searches were done after (incident to) an arrest for warrants and other charges. •1 search was done after getting consent. •20 searches were based on probable cause: •Officer observed an open container of alcohol. •Officer smelled marijuana and the occupant admitted to having Marijuana and gun in car. (2 stops) •Officer observed a handgun magazine and the driver admitted to having concealed weapons. •Officer smelled marijuana and K-9 sniff gave a positive alert. Driver admitted to having Marijuana. •After arrest for a warrant, positive K-9 alert led to search. •Protective search due to driver movements led to probable cause search after paraphrenia was found. •Officer smelled marijuana and driver admitted to having marijuana. (7 stops) •Officer observed paraphernalia and driver admitted to having marijuana. •B&E Suspect stopped. Had known history of drug activity. Searched after positive K-9 Alert. •Driver admitted to having drugs on him. •After arrest of driver for a warrant, paraphernalia seen in plain view. •After arrest for a warrant, contraband was observed that led to search. (Darden?) •After arrest for DWI, officer observed contraband in vehicle and searched. Yes No Hit % Total Searches 27 18 9 67% Probable Cause 20 17 3 85% Incident to Arrest 5 1 4 20% Consent 1 0 1 0% Frisk 1 0 1 0% Search Warrant 0 0 0 na 1st Q Search Data Search Results Contraband Found? Of the 27 incidents with searches, 20 (74%) resulted in an arrest. Of those 20, only 8 of the arrests involved charges resulting from contraband found during the search. The other 12 arrests were not connected with the search. Department Training Elective Trainings Completed •Spragins –CPR/AED Instructor Training (7hrs) •Winn -Firearms Instructor School (81 hrs) •Blackwell, Duran, Gregory –Field Training Officer (40hrs) •Chestnut –Advanced Roadside Impaired Driving Enforcement (16hrs) •Spragins –At-Scene Traffic Crash Investigation (40hrs) •Jones –Crime Scene Investigations (80 hrs) •Darden –DWI Detection and Standardized Field Sobriety Testing (32hrs) •Gregory –Fundamentals of the Investigative Process (24hrs) •Morales –Intoxilizer Certification Class (35hrs) •Gregory –Leadership on the Line (16hrs) •Chelenza –Attended NCAPE (North Carolina Association of Property and Evidence Managers) Conference •Parker –Being Prepared for the Day -Surviving a Deadly Encounter (24hrs) •Gregory –Inside the Mind of a Violent Offender (8hrs) •Corbett –Interviewing Ethics (16 hrs) •Simmons, Hampton –Survive and Thrive Officer Wellness training (8hrs) Mandatory Training •In-service Firearms and use of Force (6 hrs, all sworn) •Taser In-service and re-cert (2 hrs, 26 employees) •Intoxilizer re-cert (8-hrs, 2 employees) •Responding to Individuals in Crisis (.5 hr, all sworn) •In-Service Legal Update (4 hrs, all sworn) •Instructor Update (1hr, 7 employees) 1st Q 2nd Q 3rd Q 4th Q YTD 529 529 549 549 18.3 18.3 >40 hrs/employee of non-mandated training annually Training Hours Department Goal: Average Hrs/ Employee Mandatory Non-Mandated Community Engagement Activty #hrs Positive Policing Activities 14 38.5 Public/Partnership Meetings 13 27 Community Meeting/Events 7 51 Food Deliveries 3 16 Canine Demos 1 3 TOTALS 38 135.5 Community Engagement Activities Number % of Staff 25 83% Total Staff Participating in Community Engagement Activities Definitions •Positive Policing Activities –Services and actions by officers that go beyond the typical definition of policing. This can include acts of kindness and service, helping with problems, and providing meals or support to citizens. •Public/Partnership Meetings –Meetings with an agenda focused on community issues that intersect with policing such as Board of Commissioners or Project Safe Kids meetings. •Community Meeting/Events –Community-based activities organized by the department or the community where officers attend, collaborate and/or coordinate, such as community watch meetings or events like Fairview Live. •Food Deliveries –Assisting with food delivery to Hillsborough residents with mobility challenges such as Meals on Wheels and Passmore Center food box deliveries. •Canine Demos –Educational demonstrations put on by HPD canine teams. Community Engagement Community Events/Activities •Cornwallis Hills Community Watch (1/6) •Fairview Community Watch Meetings (1/10, 2/7) •Waterstone Community Watch (1/25) •Gateway Collaboration Meeting with DSS (1/26, 2/8) •Straw For Dogs event (2/12) •Gateway Community Meeting (2/24) •Storytime with HPD Event (3/16) •Battle of the Badges Blood Drive (3/26) •Canine Demo (3/29) Positive Policing Examples •On a trespassing call related to a homeless subject, an Officer tried to get the subject to consider long term options, but when he was unwilling, the Officer purchased him a blanket to help him stay warm. •Multiple examples of officers interacting with children, giving them police stickers, showing them vehicles and equipment, answering questions and giving them stuffed animals. •HPD staff put together over 140 Valentine’s Day bags using donated supplies and distributed them and cupcakes to seniors. •A subject who had just gotten out of jail had no money and no way home. HPD staff got him a bus schedule, gave him water and gave him money to get something to eat. •Officers responding to well being check on a subject who was clearly in crisis. Subject refused any services but told officers he was hungry. An officer went through a nearby drive-thru and bought the subject food. •Officers helped a subject whose battery was dead and who had locked his keys in his car. Officers were able to get his car unlocked and then gave the subject a ride to get a new battery and then back and stood by until his car was running. •Officer responded to an elderly subject with mobility issues who had fallen. After helping her up, the officer found that groceries she had delivered had been left piled outside her door. The officer brought in all her groceries and helped put them away, and then spent time talking with her. •Officer responded to a call for assistance from an elderly subject with mobility issues whose house was freezing. The officer was able to get her heat on for her. •While on a school patrol in the rain, an officer encountered subject whose windshield wipers were not working, and they had new blades, but they could not get them on. The officer was able to install her new wiper blades so she could drive safely in the rain. •Officers encountered a subject with a flat time and stopped and changed the tire for her. Storytime with HPD Straw for Dogs Interacting with Kids Changing a Tire Public Works Report: April 2022 Work Orders 13 completed within two days Public Spaces 54 staff hours Cemetery 1 monument marked Stormwater Maintenance 142 staff hours, 613 linear ft Training 3 staff attended Soils Fundamentals ITRE training, 1 staff attended Confined Space ITRE Training Special Events: Last Friday’s – 3 staff hours, Handmade Parade – 6 staff hours Asphalt Repairs: 101 E. Orange St., Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov Utilities Department Status Report for May 2022 (covering previous month) PROJECT/CATEGORY STATUS WTP All filters have been repaired. WWTP The WWTP passed the second Whole Effluent Toxicity tests so the sampling will return to normal conditions. The WWTP recently experienced a spike in nitrate, determined to be something dumped in the collection system. Staff will be discussing mailing out an industrial waste survey. West Fork of the Eno Reservoir The reservoir is at 44.6 feet. The new Phase 2 normal pool elevation is 53 feet. The releases met or exceeded the minimum required release. Both Lake Orange and Lake Ben Johnson are spilling. WFER Phase 2 Construction Project Complete. Awaiting guidance from NCDOT on transfer of easements. Water Restrictions None. Funding Opportunities The FEMA BRIC applications for River Pumping Station and a water booster station were finalized and submitted to the state. 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 OWASA booster pumping station project was also submitted to Representative David Price’s office for consideration of a State and Tribal Assistance (STAG) Grant. River Pumping Station construction, OWASA Booster Pumping Station construction, Lawndale Rehabilitation project, Eno River Interceptor construction, Hassel St Water Tank and US70 Water Main preliminary engineering, and water system master planning were presented to the state for consideration for ARPA grants or low interest SRF loans. Results will not be known until summer. Development and Town Project Activity There remain increased inquiries on parcel development within our service area, in and out of town. The Director is submitting a code clarification of Section 14-57(b) regarding extensions for adoption May 9. Town of Hillsborough | 2 Staffing The Utilities Department has a civil engineering technician starting May 9! Inspector Lucas Cates started April 11 and the Director could not be more pleased with his experience and integration into the position and department! The Engineering Manager position is being advertised. Water and Sewer Advisory Committee (WSAC) Activities WSAC has resumed in-person meetings. The first in-person meeting will be/was May 5 and will be/was the first quarterly joint meeting with the BOC to discuss rate prioritizations. New In-Town member Steed Robinson will be/was welcomed.