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
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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
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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
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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