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Home My Public Portal About05-09-22 Regular Meeting 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov BOARD OF COMMISSIONERS MINUTES | 1 of 4 Minutes Board of Commissioners Regular meeting 7 p.m. May 9, 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: Budget Director Emily Bradford, Planning and Economic Development Manager Shannan Campbell, Administrative Services Director Jen Della Valle, 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, Finance Director Tiffany Long, Town Manager Eric Peterson, Communications Specialist Cheryl Sadgrove, Utilities Director Marie Strandwitz, Public Space and Sustainability Manager Stephanie Trueblood and Police Lieutenant Chip White 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 Audience guest speaker: Oliver Fowler, resident of Lakeshore Drive Fowler introduced himself as a new resident interested in learning more about the town government. He said there was a need for more sidewalks for people to safely walk to bus stops and other destinations. 3. Agenda changes and approval Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Commissioner Evelyn Lloyd seconded. Vote: 4-0. Nays: None. Absent: Commissioner Matt Hughes Hughes joined the meeting at 7:04 p.m. 4. Presentations A. Proclamation – Hedgehogs Day Weaver read a proclamation in recognition of the Hedgehogs robotics team, which includes almost 40 students from Orange and Cedar Ridge high schools. The team built a robot and won the FIRST North Carolina State Championship (FIRST — For Inspiration and Recognition in Science and Technology). B. Proclamation – Police Week and Peace Officers’ Memorial Day The mayor also read a proclamation declaring May 15 as Peace Officers Memorial Day and the week of May 15 as Police Week. May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 27 June 13, 2022 BOARD OF COMMISSIONERS MINUTES | 2 of 4 C. Orange County Transit Plan Guest speaker: Caroline Dwyer, Renaissance Planning Revisions to the Orange County Transit Plan were presented by Dwyer, a consultant working on the update. It was noted that while most of the revisions will benefit Chapel Hill, the transit plan has included and continues to include improvements for Hillsborough, including bus shelters, a future TriangleGo park-and-ride lot, a train station, the Hillsborough circulator route and the reverse circulator route. D. Comprehensive Sustainability Plan Update and Public Outreach Plan Guest speaker: Candice Andre, VHB A brief Comprehensive Sustainability Plan outreach update was presented by a consultant. Candice Andre with VHB told the board she will be organizing summer pop-up events to give Hillsborough residents opportunities to give feedback on the draft plan goals as they become available. 5. Appointments Tourism Board — Reappointment of Cathleen Turner for a term ending May 9, 2024 Motion: Bell moved to approve the appointment. Ferguson seconded. Vote: 5-0. Nays: None. Absent: None. 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 Motion: Ferguson moved to approve all items on the consent agenda. Bell seconded. Vote: 5-0. Nays: None. Absent: None. 7. Items for decision ― regular agenda A. Letter of interest for contiguous annexation – Waterstone South Guest speakers: Dan Jewel, CJTPA and Eric Chuck, Capkov Ventures May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 27 June 13, 2022 BOARD OF COMMISSIONERS MINUTES | 3 of 4 Planning and Economic Development Manager Shannan Campbell gave a brief overview of the interest in annexation. The developer has put together parcels for a total of more than 100 acres. There is some frontage on Waterstone Drive that would be contiguous annexation. There is also frontage on N.C. 86. Jewell noted that water and sewer service runs through the site. The Future Land Use Plan shows much of the land is designated Mixed Residential Neighborhood. A portion fronts Waterstone Drive and is zoned Entryway Special Use. A small portion is in the rural buffer. The developer’s ideas for the property include middle-income and affordable housing, a daycare, multi-family apartments, townhouses, a park, medical office and commercial alternatives. Chuck spoke with the board about other affordable housing CapKov Ventures has built as part of larger housing development in Chapel Hill. The developers have already started meeting with the primary builders of affordable housing in Orange County to determine capability with this proposal. The board expressed concern about the large size of the residential part of the project and interest in seeing more commercial development proposed before directing staff to move forward with a fiscal analysis. Mayor Weaver recessed the meeting at 8:55 p.m. Mayor Weaver reconvened the meeting at 9:00 p.m. B. Fiscal Year 2023 Manager’s Recommended Budget Presentation Town Manager Eric Peterson presented some highlights from the Fiscal Year 2023 Manager’s Recommended Budget, which will be available Friday on the town’s website and at the town clerk’s office. He said developing this year’s budget is challenging in part due to: • A late town audit (anticipated to be complete by the end of June). • The unknown status of significant water and sewer grants and loans. • Difficulty in projecting the timing and amount of System Development Fee revenues from new development for water and sewer connections. • The unknown cost of implementing recommendations from a compensation and classification pay study to remain competitive in the market. • Significant inflation and skyrocketing construction costs. Peterson said no increase is expected for the property tax rate or stormwater fees. Utility rates are expected to rise 4.5% for water and 2% for sewer. The minimum monthly usage charge for water and sewer services is expected to decrease from 2,375 gallons to 2,250 gallons. This is the second year of a four-year plan to provide relief for low-volume residential and commercial customers. The minimum is being lowered by 125 gallons per year, ultimately going from 2,500 gallons to 2,000 gallons as the minimum usage. C. Amplified Noise Ordinance Update Lt. Chip White reported that the ordinance has been working well for the Hillsborough Police Department since changes were made in fall 2021. The changes have reduced the amount of time officers spend responding to complaint calls. When asked why citations are not issued at the time of the noise ordinance violation, the police chief explained the violation is reviewed in the office. The citation is then mailed. May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 27 June 13, 2022 BOARD OF COMMISSIONERS MINUTES | 4 of 4 8. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager There was no additional update. C. Staff (written reports in agenda packet) Community Services Director Margaret Hauth reported the town had received approval from Duke Energy to affix banners to some of the light poles. Police Chief Duane Hampton noted the Police Department was providing more detailed information on a quarterly basis in agenda packets instead of monthly. Motion: Ferguson moved to go into closed session at 9:49 p.m. Hughes seconded. Vote: 5-0. Nays: None. Absent: None. 9. Closed session 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 Motion: Ferguson moved to return to open session at 11:01 p.m. Lloyd seconded. Vote: 5-0. Nays: None. Absent: None. 10. Adjournment Mayor Weaver adjourned the meeting at 11:02 p.m. Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 27 June 13, 2022 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 PROCLAMATION #20220509-4.A May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 27 June 13, 2022 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 PROCLAMATION #20220509-4.B May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 27 June 13, 2022 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 May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 27 June 13, 2022 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 May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 27 June 13, 2022 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 APPROVED: 5/0 DATE: 5/9/22 VERIFIED: ___________________________________ May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 27 June 13, 2022 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. May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 27 June 13, 2022 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 May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 27 June 13, 2022 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: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk ORDINANCE #20220509-6.D May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 27 June 13, 2022 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 APPROVED: 5/0 DATE: 5/9/22 VERIFIED: ___________________________________ May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 13 of 27 June 13, 2022 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: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk ORDINANCE #20220509-6.E May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 14 of 27 June 13, 2022 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. APPROVED: 5/0 DATE: 5/9/22 VERIFIED: ___________________________________ May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 15 of 27 June 13, 2022 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: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk ORDINANCE #20220509-6.H May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 27 June 13, 2022 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 PROCLAMATION #20220509-6.I May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 17 of 27 June 13, 2022 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: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 18 of 27 June 13, 2022 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 ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 19 of 27 June 13, 2022 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. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 20 of 27 June 13, 2022 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. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 21 of 27 June 13, 2022 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. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 22 of 27 June 13, 2022 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 ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 23 of 27 June 13, 2022 • 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 ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 24 of 27 June 13, 2022 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. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 25 of 27 June 13, 2022 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. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 26 of 27 June 13, 2022 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. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 27 of 27 June 13, 2022