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HomeMy Public PortalAbout04-11-22 Regular Meeting 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022 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 May 9, 2022