HomeMy Public PortalAbout06-27-22 Agenda Work Session
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BOARD OF COMMISSIONERS AGENDA | 1 of 1
Agenda
BOARD OF COMMISSIONERS
Work session
7 p.m. June 27, 2022
Board Meeting Room of Town Hall Annex, 105 E. Corbin St.
Please use the bookmark feature to navigate and view the item attachments.
1. Opening of the work session
2. Agenda changes and approval
3. Items for decision ― consent agenda
A. Miscellaneous budget amendments and transfers
B. Valley Forge project ordinance amendment and budget amendments
C. Budget and purchase order transfers from Fiscal Year 2022 to FY2023
D. American Rescue Plan Act (ARPA) Policies
E. Ordinance Revising Section 14-13(a) and 14-16 of Town Code Regarding Billing and Prohibited Activities
F. Ordinance Revising Section 14-71 and Appendix A-1 of Town Code Regarding System Development and
Capital Facilities Fees
G. ARPA Grant Project Ordinance - Water Treatment Plant Paving and Curbing Repair
H. ARPA Grant Project Ordinance - Water Treatment Plant SCADA Update
4. In-depth discussion and topics
A. Orange County Food Council Progress Report
B. Confirm transfer of Latimer Street parcel to Habitat for Humanity
5. Other business
6. Committee updates and reports
7. Adjournment
Interpreter services or special sound equipment for compliance with the American with Disabilities Act is available
on request. If you are disabled and need assistance with reasonable accommodations, call the Town Clerk’s Office
at 919-296-9443 a minimum of one business day in advance of the meeting.
AGENDA ABSTRACT | 1 of 1
Agenda Abstract
BOARD OF COMMISSIONERS
Meeting date: June 27, 2022
Department: Administrative
Services
Public hearing: No
Date of public hearing: N/A
PRESENTER/INFORMATION CONTACT
Emily Bradford, Budget Director
ITEM TO BE CONSIDERED
Subject: Miscellaneous budget amendments and transfers
Attachments:
Budget Changes Detail Report
Brief summary:
To adjust budgeted revenues and expenditures, where needed, due to changes that have occurred since budget
adoption.
Action requested:
Consider approving budget amendments and transfers.
ISSUE OVERVIEW
Background information and issue summary:
N/A
Financial impacts:
As indicated by each budget amendment.
Staff recommendation and comments:
To approve the attached list of budget amendments.
For clerk’s use
AGENDA ITEM:
3.A
Consent
agenda
Regular
agenda
Closed
session
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2021-2022
DATES: 06/27/2022 TO 06/27/2022
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
10-00-3900-3900-000 FUND BALANCE APPROPRIATION
06/27/2022 280,311.00 16,100.00VF Rd access maint., legal fees, & remobi 24631 1,183,376.75EBRADFORD
06/27/2022 280,311.00 1,007,207.00Adj to pay cash in FY22 24633 2,190,583.75EBRADFORD
10-00-9990-5300-000 CONTINGENCY
06/27/2022 400,000.00 -5,000.00Yr-end balancing 24623 10,605.00EBRADFORD
10-10-4100-5300-041 ATTORNEY FEES
06/27/2022 125,000.00 5,000.00Yr-end balancing 24622 147,599.00EBRADFORD
10-10-6600-5300-570 MISCELLANEOUS
06/27/2022 40,750.00 7,975.00Yr-end balancing 24602 48,325.00EBRADFORD
10-10-6600-5500-970 SERVICE CHARGE - W&S FUND
06/27/2022 -118,653.00 -7,668.00Adj per actuals 24600 -126,321.00EBRADFORD
10-10-6600-5500-980 SERVICE CHARGE - STORMWATER FUND
06/27/2022 -4,746.00 -307.00Adj per actuals 24601 -5,053.00EBRADFORD
10-20-5100-5300-112 POSTAGE
06/27/2022 1,000.00 -13.00To cover yr-end overage 24581 987.00EBRADFORD
10-20-5100-5300-113 LICENSE FEES
06/27/2022 21,282.00 13.00To cover yr-end overage 24580 21,445.00EBRADFORD
10-20-5100-5300-570 MISCELLANEOUS
06/27/2022 3,500.00 200.00Yr-end balancing 24599 3,615.00EBRADFORD
10-20-5100-5300-574 MISC. - POLICE DOG
06/27/2022 4,000.00 -200.00Yr-end balancing 24598 3,800.00EBRADFORD
10-30-5550-5300-320 SUPPLIES - OFFICE
06/27/2022 560.00 123.00Yr-end balancing 24620 683.00EBRADFORD
10-30-5550-5300-350 UNIFORMS
06/27/2022 5,185.00 -123.00Yr-end balancing 24621 5,062.00EBRADFORD
10-70-3980-3980-001 DEBT ISSUANCE PROCEEDS
06/27/2022 974,000.00 -1,007,207.00Adj to pay cash in FY22 24632 300,017.00EBRADFORD
10-71-5600-5982-002 TRANSFER TO GEN CAP IMPROV FUND
06/27/2022 0.00 16,100.00VF Rd access maint., legal fees, & remobi 24630 720,717.00EBRADFORD
30-71-3870-3872-000 TRANSFER FROM CAPITAL RESERVE-WATER
06/27/2022 30,000.00 -30,000.00Adj to send funds directly to Fund 69 24586 0.00EBRADFORD
30-71-3870-3872-001 TRANSFER FROM CAPITAL RESERVE-SEWER
06/27/2022 200,000.00 -200,000.00Adj to send funds directly to Fund 69 24587 0.00EBRADFORD
30-71-5972-5972-002 TRANSFER TO WATER SDF RESERVE FUND
06/27/2022 0.00 149,408.00Adj to actual 24611 149,408.00EBRADFORD
30-71-5972-5972-003 TRANSFER TO SEWER SDF RESERVE FUND
06/27/2022 0.00 112,424.00Adj to actual 24612 112,424.00EBRADFORD
30-71-8140-5982-001 TRANSFER TO UTIL CAP IMPROV FUND
06/27/2022 155,000.00 -30,000.00Adj to send funds directly to Fund 69 24588 125,000.00EBRADFORD
30-71-8200-5982-001 TRANSFER TO UTIL CAP IMPROV FUND
06/27/2022 505,000.00 -200,000.00Adj to send funds directly to Fund 69 24589 305,000.00EBRADFORD
06/27/2022 505,000.00 -180,000.00Adj to send funds directly to Fund 69 24590 125,000.00EBRADFORD
30-80-3500-3523-002 WATER SYSTEM DEVELOPMENT FEES
EBRADFORD 10:38:53PM06/21/2022
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GF-
Revenue
GF-
Contingency
Gov Body
Safety &
Risk Mgmt
Safety &
Risk Mgmt
Safety &
Risk Mgmt
Police
Police
Police
Police
Fleet
Maint.
Fleet
Maint.
GF-
Revenue
Streets
W&S-
Revenue
W&S-
Revenue
Admin. of
Enterprise
Admin. of
Enterprise
Water
Distribution
WW
Collection
W&S-
Revenue
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2021-2022
DATES: 06/27/2022 TO 06/27/2022
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
06/27/2022 0.00 149,408.00Adj to actual 24613 149,408.00EBRADFORD
30-80-3500-3525-002 SEWER SYSTEM DEVELOPMENT FEES
06/27/2022 0.00 112,424.00Adj to actual 24614 112,424.00EBRADFORD
30-80-3900-3900-000 FUND BALANCE APPROPRIATED
06/27/2022 728,039.00 -180,000.00Use SDFs for WW Sys Upgrades 24591 1,248,741.36EBRADFORD
06/27/2022 728,039.00 13,696.00Yr-end balancing 24604 1,262,437.36EBRADFORD
30-80-7200-5350-615 SERVICE CHARGE - SAFETY & RISK MGMT
06/27/2022 118,653.00 13,696.00Yr-end balancing 24603 126,321.00EBRADFORD
30-80-8120-5300-323 SUPPLIES - CHEMICALS
06/27/2022 165,170.00 6,000.00Yr-end caustic chemical expenses 24625 241,170.00JDELLAVALL
30-80-9990-5300-000 CONTINGENCY
06/27/2022 400,000.00 -6,000.00Yr-end caustic chemical expenses 24624 1,913.00JDELLAVALL
35-30-5900-5350-615 SERVICE CHARGE - SAFETY & RISK MGMT
06/27/2022 4,746.00 963.00Yr-end balancing 24605 5,053.00EBRADFORD
35-80-3500-3505-104 STORMWATER CHARGES 2020
06/27/2022 6,000.00 963.00Yr-end balancing 24606 6,963.00EBRADFORD
69-24-3870-3870-509 TRANSFER FROM WSF - GOV BURKE WTR
06/27/2022 30,000.00 -30,000.00Adj to fund with SDFs 24593 0.00EBRADFORD
69-24-3870-3870-702 TRANSFER FROM FUND 75-GOV BURKE
06/27/2022 0.00 30,000.00Adj to fund with SDFs 24594 30,000.00EBRADFORD
70-71-6900-5970-920 TRANSFER TO WATER & SEWER FUND
06/27/2022 3,760.57 -3,760.57To close out Water Tank funds 24609 0.00EBRADFORD
70-80-3700-3701-000 DEVELOPERS/CONTRIB-WATER
06/27/2022 3,760.57 -3,760.57To close out Water Tank funds 24610 0.00EBRADFORD
75-71-3870-3870-509 TRAN FR W/S - GOV BURKE
06/27/2022 0.00 30,000.00To adj per FY22 budget 24584 30,000.00EBRADFORD
06/27/2022 0.00 149,408.00Adj per fees collected thru 6/16/22 24616 179,408.00EBRADFORD
75-71-6900-5970-933 TRAN TO FUND 69 - GOV BURKE WTR
06/27/2022 0.00 30,000.00To adj per FY22 budget 24585 30,000.00EBRADFORD
06/27/2022 0.00 149,408.00Adj per fees collected thru 6/16/22 24617 179,408.00EBRADFORD
76-71-3870-3870-154 TRAN FR W/S - RIVER PUMP UPGRAD
06/27/2022 200,000.00 200,000.00Adj per FY22 budget 24595 400,000.00EBRADFORD
06/27/2022 200,000.00 112,424.00Adj per Sewer SDFs collect thru 6/16/22 24618 512,424.00EBRADFORD
76-71-6900-5970-926 TRAN TO UTIL CAP IMP FD - RIVER PUM
06/27/2022 200,000.00 200,000.00Adj per FY22 budget 24596 400,000.00EBRADFORD
06/27/2022 200,000.00 112,424.00Adj per Sewer SDFs collect thru 6/16/22 24619 512,424.00EBRADFORD
741,324.86
EBRADFORD 10:38:53PM06/21/2022
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W&S-
Revenue
W&S-
Revenue
Admin. of
Enterprise
WTP
W&S-
Contingency
Stormwater
Stormwater
W&S
Proj. Fund
W&S
Proj. Fund
W&S-
Cap Reserve
W&S-
Cap Reserve
SDFs -
Water
SDFs-
Water
SDFs-
Sewer
SDFs-
Sewer
AGENDA ABSTRACT | 1 of 1
Agenda Abstract
BOARD OF COMMISSIONERS
Meeting date: June 27, 2022
Department: Administrative
Services
Public hearing: No
Date of public hearing: N/A
PRESENTER/INFORMATION CONTACT
Emily Bradford, Budget Director
ITEM TO BE CONSIDERED
Subject: Valley Forge project ordinance amendment and budget amendments
Attachments:
1. Valley Forge Project Ordinance Amendment
2. Budget Changes Detail Report – Valley Forge
Brief summary:
To adjust budgeted revenues and expenditures, for the project to cover access maintenance costs as well as legal
and remobilization fees.
Action requested:
Consider approving project ordinance amendment as well as associated budget amendments.
ISSUE OVERVIEW
Background information and issue summary:
N/A
Financial impacts:
As indicated by each budget amendment.
Staff recommendation and comments:
To approve the attached project ordinance amendment and associated budget amendments.
For clerk’s use
AGENDA ITEM:
3.B
Consent
agenda
Regular
agenda
Closed
session
ORDINANCE
Capital Project Amendment
Valley Forge Road Street & Stormwater Project
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 amended:
Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as
follows.
Current Budget +/- Amended Budget
General Capital
Improvement Fund
Valley Forge
$1,187,817 $16,100 $1,203,917
Section 2. Amounts appropriated for the capital project are hereby amended as follows.
Current Budget +/- Amended Budget
General Capital
Improvement Fund
Valley Forge
$1,187,817 $16,100 $1,203,917
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
27th day of June in 2022.
Ayes:
Noes:
Absent or excused:
Sarah E. Kimrey, Town Clerk
BUDGET CHANGES REPORT
TOWN OF HILLSBOROUGH
FY 2021-2022
DATES: 06/27/2022 TO 06/27/2022
REFERENCE NUMBER DATE BUDGET CHANGE BUDGET
ORIGINAL BUDGET AMENDEDCHANGE
USER
60-11-3870-3870-404 TRANSFER FROM GF-VALLEY FORGE
06/27/2022 229,263.00 16,100.00Access maint., legal fees, & remobilizatio 24629 878,180.00EBRADFORD
60-11-5600-5700-727 VALLEY FORGE RD - INFRASTRUCTURE
06/27/2022 493,000.00 3,000.00To cover access maintenance costs 24628 1,128,817.00EBRADFORD
60-11-5600-5700-781 VALLEY FORGE RD - MISCELLANEOUS
06/27/2022 0.00 13,100.00Legal fees & equipment remobilization ex 24627 13,100.00EBRADFORD
32,200.00
EBRADFORD 1:52:22PM06/21/2022
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Valley Forge
Valley Forge
Valley Forge
AGENDA ABSTRACT | 1 of 1
Agenda Abstract
BOARD OF COMMISSIONERS
Meeting date: June 27, 2022
Department: Administrative
Services
Public hearing: No
Date of public hearing: N/A
PRESENTER/INFORMATION CONTACT
Emily Bradford, Budget Director
ITEM TO BE CONSIDERED
Subject: Budget and purchase order transfers from Fiscal Year 2022 to FY2023
Attachments:
Proposed transfers
Brief summary:
At the end of each fiscal year, a small number of purchase orders and a small amount of current year budgeted
funds are carried over to the next fiscal year to facilitate completion of ongoing projects soon after the fiscal year-
end. The attachment to this abstract is a list of purchase orders and appropriated funds from the current fiscal year
that the town’s management has requested to be carried over to the next fiscal year to complete these projects.
These purchase orders and budgeted funds will be added to the next fiscal year’s adopted budget.
Action requested:
Consider approving proposed transfers.
ISSUE OVERVIEW
Background information and issue summary:
N/A
Financial impacts:
As indicated by each transfer.
Staff recommendation and comments:
To approve the attached list of transfers.
For clerk’s use
AGENDA ITEM:
3.C
Consent
agenda
Regular
agenda
Closed
session
ACCOUNT DESCRIPTION VENDOR NAME PO # BALANCE JUSTIFICATION FOR ROLL OVER
10‐10‐4100‐5300‐040 AUDIT FEES CHERRY BEKAERT LLP 220475 74,000.00$ To cover June invoice
10‐10‐4100‐5300‐041 ATTORNEY FEES BROUGH LAW FIRM 220339 51,677.70$ To cover June invoice
10‐10‐4200‐5300‐080 TRAINING/CONF./CONV. BANK OF AMERICA NA 220894 1,300.00$
Was not able to get to training this FY due to workload, but intent is to sign up for August/Sept
timeframe.
10‐10‐4200‐5300‐320 SUPPLIES ‐ OFFICE OFFICE DEPOT 220319 770.19$ back order of personnel file folders
10‐10‐4200‐5300‐451 C.S./PRINTING SOUTH DATA INC 220100 623.96$ June newsletter will be paid in early July
10‐10‐4200‐5300‐451 C.S./PRINTING SOUTH DATA INC 221232 741.89$ June insert will be paid in early July
10‐10‐4200‐5300‐454 C.S.‐CATV/ASCAP‐BMI/COD/TRANS/PAY S GALLAGHER BENEFIT SERVICES 220395 9,578.79$ To cover April‐June quarterly invoice
10‐10‐4200‐5300‐454 C.S.‐CATV/ASCAP‐BMI/COD/TRANS/PAY S MUNICIPAL CODE CORPORATION 220300 275.00$ To cover June invoice
10‐10‐4200‐5300‐454 C.S.‐CATV/ASCAP‐BMI/COD/TRANS/PAY S MUNICIPAL CODE CORPORATION 220302 1,268.88$ To cover June invoice
10‐10‐4200‐5300‐454 C.S.‐CATV/ASCAP‐BMI/COD/TRANS/PAY S TRIANGLE J COUNCIL OF GOVTS 221035 16,000.00$ Class & Pay study in progress
10‐10‐4200‐5300‐458 DATA PROCESSING SERVICES BANK OF AMERICA NA 220097 174.35$ June service will be paid in early July
10‐10‐4200‐5300‐458 DATA PROCESSING SERVICES DUNCAN, ALISON S 220430 1,242.50$ Have not received requested division logos yet
10‐10‐4200‐5300‐458 DATA PROCESSING SERVICES CIVICPLUS, LLC 221167 5,800.00$ To cover software implementation (in process)
10‐10‐4200‐5300‐474 RECRUITMENT CATAPULT 220424 215.75$
June background check processing, none currently in queue but if need arises the June invoice would
be received in July
10‐10‐4200‐5300‐530 DUES & SUBSCRIPTIONS BANK OF AMERICA NA 220412 563.34$ Expect to receive renewal invoice in June.
10‐10‐4200‐5300‐570 MISCELLANEOUS NORDAN, CONSUELO 220101 120.68$ Will need to translate June bill insert.
10‐10‐4200‐5300‐570 MISCELLANEOUS UNIVERSITY OF NC AT CHAPEL HILL 221463 2,100.00$ Not sure when invoice will be received.
10‐10‐4400‐5300‐320 SUPPLIES ‐ OFFICE SOUTH DATA INC 220807 220.20$ 1099's NOT INVOICED
10‐10‐4400‐5300‐440 C.S./HARRIS HARRIS COMPUTER SYSTEMS 220719 6,232.48$ UNSURE
10‐10‐4400‐5300‐459 C.S./ACCOUNTING ASSISTANCE GREG W ISLEY, CPA 211148 61,000.00$ Interim Finance Director
10‐10‐4400‐5300‐487 TAX COLLECTION ORANGE COUNTY FINANCE DEPT 220717 661.59$ HAVE NOT PAID APRIL, MAY JUNE TAX COLLECTION FEE
10‐10‐4400‐5300‐459 C.S./ACCOUNTING ASSISTANCE NELSON, KAI 221541 24,000.00$ Roll PO and funds to FY23
10‐10‐4900‐5300‐570 MISCELLANEOUS ARC DOCUMENT SOLUTIONS, LLC 221080 10,000.00$ WORK IS IN PROGRESS THROUGH AUG.
10‐10‐4900‐5300‐570 MISCELLANEOUS SUMMIT DESIGN & ENGINEERING SVCS PLLC 221380 4,000.00$ Expecting Invoice
10‐10‐5000‐5300‐145 MAINTENANCE ‐ BUILDINGS CEDAR GROVE MAINTENANCE INC. 221141 6,260.00$ materials are not available to complete the work
10‐10‐5000‐5300‐145 MAINTENANCE ‐ BUILDINGS ALLISON, JOE H 221492 215.00$ have not received invoice ‐ checking with Margaret ‐ work complete?
10‐10‐6300‐5300‐155 MAINTENANCE ‐ PARKS SITE CONCEPTS LLC 220666 5,010.19$ benches are back ordered due to covid delays. Expected to arrive in August
10‐10‐6300‐5300‐156 MAINTENANCE ‐ TREES TBD 221279 40.00$ forest service has started ut not completed the work. Hopefully, will be done in July.
10‐10‐6300‐5300‐156 MAINTENANCE ‐ TREES BANK OF AMERICA NA 221393 668.08$ signs have been ordered but not delivered. May be july before they arrive.
10‐10‐6300‐5300‐155 MAINTENANCE ‐ PARKS MIRACLE RECREATION EQUIPMENT 221408 843.00$ BACKORDERED UNTIL AUGUST
10‐10‐6300‐5300‐165 MAINTENANCE ‐ INFRASTRUCTURE BURKHALTER, DEVON ARIELE 221409 2,000.00$ WORK CARRIES OVER TO FY23 DUE TO COMMITTEE PROCESS
10‐10‐6300‐5300‐570 MISCELLANEOUS MOSCA DESIGN 221521 15,000.00$ PENDING ARRIVAL OF BANNERS
10‐10‐6600‐5300‐310 GASOLINE WRIGHT EXPRESS FSC 220243 217.63$ leave open for June invoice ‐ THEN CLOSE
10‐10‐6600‐5300‐330 SUPPLIES ‐ DEPARTMENTAL BANK OF AMERICA NA 221318 203.93$ leave open until May transactions are entered in Smartfusion ‐ THEN CLOSE
10‐10‐6600‐5300‐448 C.S./HEALTH NURSE & DRUG TESTING SAFE‐T‐WORKS, INC 220360 2,670.60$ leave open for MAY/JUNE invoices ‐ ROLL BALANCE AFTER INVOICES ARE PAID
10‐10‐6600‐5300‐080 TRAINING/CONF./CONV. THE MOSES H CONE MEMORIAL HO 221516 3,212.00$ leave open for June invoice ‐ THEN CLOSE
10‐10‐6610‐5300‐110 TELEPHONE/INTERNET BRIGHTSTAR COMMUNICATIONS, INC. 220162 4,810.22$ Needed to pay service call invoices
10‐10‐6610‐5300‐110 TELEPHONE/INTERNET BANK OF AMERICA NA 220163 12,723.76$ Needed to pay remaining monthly invoices
10‐10‐6610‐5300‐110 TELEPHONE/INTERNET BANK OF AMERICA NA 220223 16,264.65$ Needed to pay remaining monthly invoices
10‐10‐6610‐5300‐113 LICENSE FEES BANK OF AMERICA NA 221271 200.00$ Needed to pay upgrade invoice
10‐10‐6610‐5300‐113 LICENSE FEES BANK OF AMERICA NA 221343 55.00$ Needed to pay WavePad licensing invoice
10‐10‐6610‐5300‐113 LICENSE FEES COMPUTERBILITIES INC 221395 6,000.00$ Needed to pay remaining monthly invoices
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING HP INC 220870 1,430.55$ Items on back order and not yet received
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING BANK OF AMERICA NA 221221 11.99$ Needed to pay invoice
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING BANK OF AMERICA NA 221261 270.32$ Needed to pay invoice
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING CDW LLC 221270 33.07$ Needed to pay invoice
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING BANK OF AMERICA NA 221289 104.49$ Needed to pay invoice
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING BANK OF AMERICA NA 221290 189.98$ Needed to pay invoice
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING BANK OF AMERICA NA 221295 3,382.18$ Needed to pay invoice
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING CDW LLC 221302 216.00$ Needed to pay invoice
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING BANK OF AMERICA NA 221323 44.99$ Needed to pay invoice
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING BANK OF AMERICA NA 221338 2,386.44$ Items on back order and not yet received
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING COMPUTERBILITIES INC 221394 35,718.37$ Items not yet received
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA PROCESSING CDW LLC 221353 94.96$ Needed to pay invoice
10‐10‐6610‐5300‐458 DATA PROCESSING SERVICES COMPUTERBILITIES INC 220222 36,925.00$ Needed to pay remaining monthly invoices
10‐10‐6610‐5300‐458 DATA PROCESSING SERVICES MCC INNOVATIONS, LLC 220584 6,110.00$ Needed to pay remaining project invoice
10‐10‐6610‐5300‐458 DATA PROCESSING SERVICES APPLE ELECTRONICS & SECURITY 220752 995.00$ Needed to pay service call invoices
10‐10‐6610‐5300‐458 DATA PROCESSING SERVICES INFOSEC ASSOCIATES 220878 4,500.00$ Needed to pay final fiscal year invoice
10‐10‐6610‐5300‐113 LICENSE FEES COMPUTERBILITIES INC 221395 3,441.00$ Need to leave open to pay final invoices
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA BANK OF AMERICA NA 221438 39.99$ Need to leave open until all items are received
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA COMPUTERBILITIES INC 221480 7,670.18$ Need to leave open until all items are received
10‐10‐6610‐5300‐338 SUPPLIES ‐ DATA BANK OF AMERICA NA 221528 119.98$ Need to leave open until all items are received
10‐10‐6610‐5300‐458 DATA PROCESSING SERVICES APPLE ELECTRONICS & SECURITY 221461 1,000.00$ Need to leave open until final invoice is received
10‐10‐6610‐5300‐458 DATA PROCESSING SERVICES NETPLANNER SYSTEMS INC 221491 1,000.00$ Need to leave open until final invoice is received
10‐20‐5100‐5300‐330 SUPPLIES ‐ DEPARTMENTAL DANA SAFETY SUPPLY, INC 220168 4,154.16$ Yes ‐ supposed to be here by end of the month
10‐20‐5100‐5300‐330 SUPPLIES ‐ DEPARTMENTAL LAWMEN'S SAFETY SUPPLY 221199 2,398.00$ Yes (once all items are received)
10‐20‐5100‐5300‐330 SUPPLIES ‐ DEPARTMENTAL LAWMEN'S SAFETY SUPPLY 221272 2,398.00$ Yes (once all items are received)
10‐20‐5100‐5300‐330 SUPPLIES ‐ DEPARTMENTAL SIRCHIE ACQUISITION COMPANY LLC 221321 759.45$ Yes (once all items are received)
10‐20‐5100‐5300‐350 UNIFORMS GALLS, LLC 220281 62.06$ Carry 62.06. Waiting on two items. Anticipated ship date mid‐july
10‐20‐5100‐5300‐350 UNIFORMS GALLS, LLC 221356 1,792.70$ Carry all remaining ‐ waiting on items
10‐20‐5100‐5300‐447 C.S./C0PIER ALFORD LEASING COMPANY, INC 220376 2,463.85$ Yes (once last FY22 bill is paid)
10‐20‐5100‐5300‐447 C.S./C0PIER C E I ‐ THE DIGITAL OFFICE COMPANY 220638 171.91$ Yes (once last FY22 bill is paid)
10‐20‐5100‐5700‐740 CAPITAL ‐ VEHICLES DANA SAFETY SUPPLY, INC 221083 20,466.74$ Still in progress. Delayed due to supply issues
10‐20‐5100‐5300‐145 MAINTENANCE ‐ BUILDINGS ALLISON, JOE H 221490 2,265.00$ Work is still pending
10‐20‐5100‐5300‐320 SUPPLIES ‐ OFFICE TBD 221504 3,000.00$ Still working to determine needs and vendor
10‐20‐5100‐5300‐330 SUPPLIES ‐ DEPARTMENTAL BANK OF AMERICA NA 221400 90.25$ Still waiting on item
10‐20‐5100‐5300‐350 UNIFORMS GALLS, LLC 221419 110.47$ parker pants ‐ tyring to figure out credit issue
10‐20‐5100‐5300‐470 HIRING SELECTION PROCESS PAGE, WILLIAM STERLING 221451 3,850.00$ Work still in progress
10‐20‐5100‐5300‐570 MISCELLANEOUS THE FMRT GROUP 221503 1,250.00$
10‐20‐5100‐5700‐735 CAPITAL ‐ BUILDINGS & IMPROVEMENTS CEDAR GROVE MAINTENANCE IN 221482 30,960.00$ work in progress. No eta on completion
10‐20‐5350‐5300‐498 C.S./ORANGE COUNTY ORANGE COUNTY ‐ EMS 220269 135,952.00$ Activities planned that will use some of these funds. Exact amount not known.
10‐30‐5550‐5300‐145 MAINTENANCE ‐ BUILDINGS DAC AWNINGS, INC 221515 6,137.00$ JOB WILL NOT BE COMPLETED BEFORE JULY
10‐30‐5550‐5300‐350 UNIFORMS LEGGETT TOWN & COUNTRY 221494 183.20$ JACKETS HAD TO BE ORDERED
10‐30‐5600‐5300‐455 C.S./ENGINEERING SUMMIT DESIGN & ENGINEERING SVCS PLLC 210679 5,688.75$ $5688.75 PROJECT STILL GOING
10‐30‐5600‐5300‐455 C.S./ENGINEERING SUMMIT DESIGN & ENGINEERING SVCS PLLC 210809 4,965.75$ $4965.75 PROJECT STILL GOING
10‐30‐5600‐5300‐455 C.S./ENGINEERING SUMMIT DESIGN & ENGINEERING SVCS PLLC 210836 12,730.00$ $12,730 PROJECT STILL GOING
10‐30‐5600‐5300‐455 C.S./ENGINEERING SUMMIT DESIGN & ENGINEERING SVCS PLLC 220571 45,940.00$ $45,940 PROJECT STILL GOING
10‐30‐5600‐5300‐760 POWELL BILL ARCADIS G&M OF NORTH CAROLINA, INC 221377 3,200.00$ $3200 WORK IN PROGRESS
10‐30‐5600‐5700‐729 CAPITAL ‐ INFRASTRUCTURE TRAFFIC AND PARKING CONTROL CO, INC 221317 9,464.40$ $9464.40 HAVE NOT RECEIVED YET
10‐30‐5600‐5700‐740 CAPITAL ‐ VEHICLES UNIVERSITY FORD, INC 220296 32,490.00$ $32,490 HAVE NOT RECEIVED YET
10‐30‐5600‐5700‐740 CAPITAL ‐ VEHICLES FREIGHTLINER OF ARIZONA, LLC 220332 142,988.00$ $142,988 HAVE NOT RECEIVED YET
10‐30‐5600‐5700‐740 CAPITAL ‐ VEHICLES UNIVERSITY FORD, INC 221218 7,730.00$ $7730 HAVE NOT RECEIVED YET
10‐30‐5600‐5700‐740 CAPITAL ‐ VEHICLES BANK OF AMERICA NA 221220 2,006.00$ $2006 HAVE NOT RECEIVED YET
10‐30‐5600‐5700‐740 CAPITAL ‐ VEHICLES BANK OF AMERICA NA 221341 980.70$ $980.70 HAVE NOT RECEIVED YET
10‐30‐5600‐5700‐741 CAPITAL ‐ EQUIPMENT DEERE & COMPANY 220331 130,553.79$ $130,553.79 HAVE NOT RECEIVED
10‐30‐5600‐5700‐741 CAPITAL ‐ EQUIPMENT JOE JOHNSON EQUIPMENT LLC 221263 79,811.00$ $79,811 HAVE NOT RECEIVED
10‐30‐5600‐5700‐741 CAPITAL ‐ EQUIPMENT BANK OF AMERICA NA 221340 2,400.33$ $2400.33 HAVE NOT RECEIVED
10‐30‐5600‐5700‐740 CAPITAL ‐ VEHICLES UNIVERSITY FORD, INC 221508 1,375.00$ Have not received vehicle
10‐30‐5800‐5700‐740 CAPITAL ‐ VEHICLES UNIVERSITY FORD, INC 220295 32,490.00$ $32,490 HAVE NOT RECIEVED
10‐30‐5800‐5700‐740 CAPITAL ‐ VEHICLES BANK OF AMERICA NA 221342 980.70$ $980.70 HAVE NOT RECEIVED YET
10‐30‐5800‐5700‐740 CAPITAL ‐ VEHICLES AMICK EQUIPMENT CO INC 221496 329,369.06$ Have not received vehicle
10‐30‐5800‐5700‐740 CAPITAL ‐ VEHICLES BANK OF AMERICA NA 221497 2,006.00$ Have not receeived vehicle
10‐50‐6250‐5300‐120 ADVERTISING SHANNON MEDIA, INC. 220171 902.00$ SHANNAN TO CONFIRM
10‐60‐6900‐5300‐570 MISCELLANEOUS VHB ENGINEERING, P.C. 210769 6,000.00$ project is on‐going
10‐60‐6900‐5300‐911 MAINTENANCE ‐ TOWN CLOCK RICKS TIME SHOP 220177 725.00$ DUSTIN TO CHECK ON 2ND MTCE INVOICE
10‐60‐6900‐5300‐145 MAINTENANCE ‐ BUILDINGS FAIRVIEW COMMUNITY WATCH 221465 5,000.00$ ????
30‐80‐7220‐5300‐320 SUPPLIES ‐ OFFICE OFFICE DEPOT 220946 140.87$ YES IF BILLED
30‐80‐7220‐5300‐330 SUPPLIES ‐ DEPARTMENTAL U S A BLUE BOOK 220103 129.79$ YES IF BILLED
30‐80‐7220‐5300‐350 UNIFORMS TOTAL EXPOSURE DESIGNS 221258 173.85$ YES IF BILLED
30‐80‐7220‐5300‐455 C.S./ENGINEERING MERRICK & COMPANY 220554 5,900.00$ Ongoing project
30‐80‐7220‐5300‐455 C.S./ENGINEERING I C F CONSULTING GROUP, INC 220606 20,000.00$ Ongoing project
30‐80‐7220‐5300‐493 C.S./GIS SUMMIT DESIGN & ENGINEERING SVCS PLLC 211194 9,000.00$ Ongoing project
30‐80‐7220‐5300‐493 C.S./GIS SUMMIT DESIGN & ENGINEERING SVCS PLLC 220645 2,500.00$ Ongoing project
30‐80‐7220‐5300‐570 MISCELLANEOUS DAVENPORT & COMPANY LLC 221065 20,000.00$ Anticipate that work will get started later this summer
30‐80‐7220‐5300‐350 UNIFORMS TOTAL EXPOSURE DESIGNS 221459 293.73$ Order pending ‐ backordered items
30‐80‐7220‐5300‐455 C.S./ENGINEERING H D R ENGINEERING, INC OF THE CA 221464 32,763.60$ Ongoing project
30‐80‐7220‐5300‐455 C.S./ENGINEERING HAZEN AND SAWYER, P.C. 221520 23,300.00$ Ongoing project
30‐80‐7220‐5300‐493 C.S./GIS SUMMIT DESIGN & ENGINEERING S 221479 14,600.00$ Ongoing project
30‐80‐7240‐5300‐334 DEPT SUPP‐METER READING CORE & MAIN LP 220305 72,832.25$ OPEN ORDERS ARE STILL PENDING ‐ PER TH
30‐80‐7240‐5300‐334 DEPT SUPP‐METER READING TYLER TECHNOLOGIES INC 220634 1,806.67$ Waiting to hear from Tyrone
30‐80‐8120‐5300‐158 MAINTENANCE ‐ EQUIPMENT GOPHER UTILITY SERVICES 220348 477.91$ Waiting on invoice/product
30‐80‐8120‐5300‐158 MAINTENANCE ‐ EQUIPMENT CITI LLC 220935 7,978.00$
30‐80‐8120‐5300‐572 CONSUMER CONFIDENCE REPORT NORDAN, CONSUELO 220237 600.00$ Ongoing project
30‐80‐8120‐5300‐145 MAINTENANCE ‐ BUILDINGS WARREN‐HAY MECHANICAL CON 221401 2,250.00$ Pending work
30‐80‐8120‐5300‐158 MAINTENANCE ‐ EQUIPMENT BRYANT‐DURHAM ELECTRIC CO, IN 221414 4,364.40$ Pending work
30‐80‐8120‐5300‐158 MAINTENANCE ‐ EQUIPMENT U S A BLUE BOOK 221509 3,418.50$ Pending invoice
30‐80‐8120‐5300‐158 MAINTENANCE ‐ EQUIPMENT U S A BLUE BOOK 221510 3,542.01$ Pending invoice
30‐80‐8120‐5300‐158 MAINTENANCE ‐ EQUIPMENT U S A BLUE BOOK 221511 3,542.01$ Pending invoice
30‐80‐8120‐5300‐323 SUPPLIES ‐ CHEMICALS UNIVAR USA INC 221416 13,964.98$ Pending invoice
30‐80‐8120‐5300‐323 SUPPLIES ‐ CHEMICALS SOUTHEASTERN LABORATORIES, IN 221439 1,451.72$
30‐80‐8130‐5300‐152 AQUATIC WEED CONTROL NCDENR 210202 3,108.12$ Ongoing project
30‐80‐8130‐5300‐152 AQUATIC WEED CONTROL NCDENR 220488 8,300.00$ Ongoing project
30‐80‐8130‐5300‐154 MAINTENANCE ‐ GROUNDS JOHN WILKERSON GENERAL SVCS 220288 7,000.00$ JUST CHANGED TO WELLMONT (DOUG M)
30‐80‐8130‐5300‐158 MAINTENANCE ‐ EQUIPMENT CITI LLC 221203 6,975.00$ INVOICE FORTHCOMING BY 6/30
30‐80‐8130‐5300‐153 DAM INSPECTION & EVALUATION ALTHISER, KENTON 221522 6,500.00$ Ongoing project
30‐80‐8130‐5300‐153 DAM INSPECTION & EVALUATION SCHNABEL ENGINEERING LLC 2,500.00$ WAITING ON QUOTES TO ISSUE PO
30‐80‐8130‐5300‐154 MAINTENANCE ‐ GROUNDS 4 S SIGN & SUPPLY INC 221513 500.00$ Order placed awaiting product
30‐80‐8130‐5300‐158 MAINTENANCE ‐ EQUIPMENT CITI LLC 221523 12,599.00$ Work underway but not sure if complete by 6/30
30‐80‐8140‐5300‐145 MAINTENANCE ‐ BUILDINGS APPLE ELECTRONICS & SECURITY 221247 1,098.00$ Waiting on work to be completed.
30‐80‐8140‐5300‐154 MAINTENANCE ‐ GROUNDS MALINOWSKI, DOUGLAS P 220621 13,440.00$ Not sure if the work will be completed by the end of the month
30‐80‐8140‐5300‐158 MAINTENANCE ‐ EQUIPMENT MANAGED GENERATOR SERVICES 221326 1,049.80$ Service has not been completed.
30‐80‐8140‐5300‐330 SUPPLIES ‐ DEPARTMENTAL DILLON SUPPLY CO 221250 135.00$ Waiting to receive the parts.
30‐80‐8140‐5300‐330 SUPPLIES ‐ DEPARTMENTAL CORE & MAIN LP 221369 4,927.77$ Waiting to receive the parts.
30‐80‐8140‐5300‐330 SUPPLIES ‐ DEPARTMENTAL HACH COMPANY 221370 608.57$ Still waiting on the other half of the order.
30‐80‐8140‐5300‐330 SUPPLIES ‐ DEPARTMENTAL T E C UTILITIES SUPPLY INC 221387 3,294.00$ Waiting to receive the parts.
30‐80‐8140‐5300‐331 SUPPLIES ‐ SAFETY LEGGETT TOWN & COUNTRY 221052 120.00$ Waiting on one pair of boots.
30‐80‐8140‐5700‐729 CAPITAL ‐ INFRASTRUCTURE TAYLOR ENGINEERING & CONSULTING 27025 10,082.00$ Ongoing project
30‐80‐8140‐5700‐729 CAPITAL ‐ INFRASTRUCTURE N C D E N R 27079 150.00$ Ongoing project
30‐80‐8140‐5700‐740 CAPITAL ‐ VEHICLES UNIVERSITY FORD, INC 221042 69,775.00$ Waiting on truck.
30‐80‐8140‐5300‐165 MAINTENANCE ‐ INFRASTRUCTURE GEL SOLUTIONS 221411 1,878.00$ Waiting to be invoiced.
30‐80‐8140‐5300‐165 MAINTENANCE ‐ INFRASTRUCTURE TBD 40,000.00$ WAITING ON QUOTES TO ISSUE PO
30‐80‐8140‐5300‐330 SUPPLIES ‐ DEPARTMENTAL T E C UTILITIES SUPPLY INC 221387 1,657.00$ Waiting on the rest of the parts to come in.
30‐80‐8140‐5300‐330 SUPPLIES ‐ DEPARTMENTAL T E C UTILITIES SUPPLY INC 221426 140.00$ Waiting on the parts to come in.
30‐80‐8200‐5300‐145 MAINTENANCE ‐ BUILDINGS APPLE ELECTRONICS & SECURITY 221247 1,098.00$ Waiting on work to be completed.
30‐80‐8200‐5300‐154 MAINTENANCE ‐ GROUNDS MALINOWSKI, DOUGLAS P 220621 13,440.00$ Not sure if the work will be completed by the end of the month
30‐80‐8200‐5300‐158 MAINTENANCE ‐ EQUIPMENT MANAGED GENERATOR SERVICES 221223 1,857.97$ Service has not been completed.
30‐80‐8200‐5300‐158 MAINTENANCE ‐ EQUIPMENT MANAGED GENERATOR SERVICES 221326 5,069.05$ Service has not been completed.
30‐80‐8200‐5300‐165 MAINTENANCE ‐ INFRASTRUCTURE ELLINGTON CONTRACTORS 210905 11,500.00$ Work has not be completed.
30‐80‐8200‐5300‐165 MAINTENANCE ‐ INFRASTRUCTURE ELLINGTON CONTRACTORS 210980 2,702.00$ Service has not been completed.
30‐80‐8200‐5300‐165 MAINTENANCE ‐ INFRASTRUCTURE TPT COATING INC 220386 8,245.00$ Waiting on one more MH to be completed.
30‐80‐8200‐5300‐322 SUPPLIES ‐ LIFT STATION PUMPS CLEAR WATER, INC. 221222 13,294.00$ Waiting on parts.
30‐80‐8200‐5300‐330 SUPPLIES ‐ DEPARTMENTAL BANK OF AMERICA NA 221202 37.42$ Marie.
30‐80‐8200‐5300‐330 SUPPLIES ‐ DEPARTMENTAL DILLON SUPPLY CO 221250 135.00$ Waiting on parts.
30‐80‐8200‐5300‐330 SUPPLIES ‐ DEPARTMENTAL T E C UTILITIES SUPPLY INC 221275 3,765.10$ Waiting on parts.
30‐80‐8200‐5300‐330 SUPPLIES ‐ DEPARTMENTAL T E C UTILITIES SUPPLY INC 221336 3,420.00$ Waiting on parts.
30‐80‐8200‐5300‐330 SUPPLIES ‐ DEPARTMENTAL T E C UTILITIES SUPPLY INC 221386 1,992.00$ Waiting on parts.
30‐80‐8200‐5300‐331 SUPPLIES ‐ SAFETY LEGGETT TOWN & COUNTRY 221052 60.63$ Waiting on one pair of boots.
30‐80‐8200‐5700‐740 CAPITAL ‐ VEHICLES UNIVERSITY FORD, INC 221042 69,775.00$ Waiting on truck.
30‐80‐8200‐5700‐741 CAPITAL ‐ EQUIPMENT MIZELLE CONSTRUCTION SERVICES INC 220827 139,590.00$ Ongoing project
30‐80‐8200‐5300‐158 MAINTENANCE ‐ EQUIPMENT MANAGED GENERATOR SERVICES 221445 4,829.49$ Waiting on the service to be completed.
30‐80‐8200‐5300‐322 SUPPLIES ‐ LIFT STATION PUMPS CLEAR WATER, INC. 221543 7,350.00$ WAITING ON PUMP
30‐80‐8200‐5300‐330 SUPPLIES ‐ DEPARTMENTAL INFRASTRUCTURE SOLUTIONS GRO 221413 2,653.57$ Waiting on the rest of the parts to come in.
30‐80‐8200‐5300‐330 SUPPLIES ‐ DEPARTMENTAL T E C UTILITIES SUPPLY INC 221426 140.00$ Waiting on the parts to come in.
69‐21‐8200‐5700‐739 WASTEWATER SYSTEM REHAB TPT COATING INC 221517 78,417.49$ Waiting on the service to be completed.
30‐80‐8220‐5300‐158 MAINTENANCE ‐ EQUIPMENT TENCARVA MACHINERY COMPANY 221333 8,023.47$ WORK IS NOT COMPLETE YET
30‐80‐8220‐5300‐158 MAINTENANCE ‐ EQUIPMENT MCMASTER‐CARR SUPPLY CO 221360 4,978.19$ ONE ITEM BACKORDERED
30‐80‐8220‐5300‐165 MAINTENANCE ‐ INFRASTRUCTURE KEMP CONSTRUCTION INC 221352 47,020.00$ PROJECT IS ONGOING
60‐03‐6300‐5700‐728 CONNECTIVITY INFRASTRUCTURE SUMMIT DESIGN & ENGINEERING SVCS PLLC 210827 1,475.00$
Capital project that has just started construction
60‐11‐5600‐5700‐718 VALLEY FORGE RD CONSTRUCTION ADMIN SUMMIT DESIGN & ENGINEERING SVCS PLLC 211208 44,975.00$
capital project is on‐going
60‐11‐5600‐5700‐727 VALLEY FORGE RD INFRASTRUCTURE SUMMIT DESIGN & ENGINEERING SVCS PLLC 210461 3,794.63$
capital project is on‐going
60‐11‐5600‐5700‐727 VALLEY FORGE RD INFRASTRUCTURE CHATHAM CIVIL CONTRACTING LLC 220747 825,263.96$ capital project is on‐going
60‐23‐6510‐5700‐045 DESIGN CLEARSCAPES, PA 221536 799,800.00$ train station design
61‐11‐5900‐5700‐727 VALLEY FORGE RD INFRASTRUCTURE CHATHAM CIVIL CONTRACTING LLC 220747 100,000.00$ capital project is on‐going
67‐80‐8130‐5700‐570 MISCELLANEOUS KBS EARTHWORKS, INC. 221396 88,647.00$ Ongoing project
69‐21‐8200‐5700‐739 WASTEWATER SYSTEM REHAB MERRICK & COMPANY 220554 84,600.00$ Ongoing project
72‐10‐3000‐5300‐800 CDBG‐CV ‐ ADMINISTRATION ORANGE COUNTY HOUSING 220529 52,737.48$ project is on‐going
72‐10‐3000‐5300‐801 CDBG‐CV ‐ PUBLIC SERVICES ORANGE COUNTY HOUSING 220529 467,374.85$ project is on‐going
72‐20‐5100‐5300‐052 ABC BOARD EXPENDITURES FREEDOM HOUSE RECOVERY CENTER, INC. 220601 3,040.00$
We have activities planned that will use some of these funds. Exact amount still not known.
73‐51‐6250‐5300‐040 AUDIT FEES CHERRY BEKAERT LLP 220473 5,840.00$ For FY21 Audit
73‐51‐6250‐5300‐458 DATA PROCESSING SERVICES HEARTY PIXEL, LLC 220401 337.50$ waiting on final invoice
74‐51‐6250‐5300‐040 AUDIT FEES CHERRY BEKAERT LLP 220474 1,650.00$ For FY21 Audit
74‐51‐6250‐5300‐486 C.S./ALLIANCE ALLIANCE‐VISITOR SERVICES 220443 33,333.32$ waiting on final invoice
10‐10‐4200‐5300‐080 TRAINING/CONF./CONV. NO PO 11,500.00$ rollover funds for racial equity training for all employees
10‐30‐5600‐5300‐760 FDP of streets NO PO 100,000.00$ Waitng on Contract paperwork
10‐30‐5600‐5700‐729 FDP of streets NO PO 116,600.17$ Waitng on contract to write PO
10‐10‐5000‐5700‐740 Capital vehicles NO PO 24,000.00$ carry over to purchase vehicle for Rod Jones
10‐10‐5000‐53000‐583 Misc‐Tax, Tags, etc.NO PO 1,200.00$ carry over taxes & license for vehicle
10‐10‐6600‐5300‐080 TRAINING/CONF./CONV. ROLL OVER BALANCE TO FY23 NO PO 7,443.16$ Still catching up on trainings that were missed in the last 2 years
10‐10‐6600‐5300‐158 MAINTENANCE ‐ EQUIPMENT ROLL OVER BALANCE TO FY23 NO PO 3,000.00$ Repair of lift for confined space (Tripod) identified in the last 3‐4 weeks.
10‐10‐6600‐5300‐320 SUPPLIES ‐ OFFICE ROLL OVER BALANCE TO FY23 NO PO 500.00$
Restocking supplies due to increased demand and supply chain irregularities over the last 2 years
10‐10‐6600‐5300‐330 SUPPLIES ‐ DEPARTMENTAL ROLL OVER BALANCE TO FY23 NO PO 5,377.07$
Restocking supplies due to increased demand and supply chain irregularities over the last 2 years
10‐10‐6600‐5300‐332 SUPPLIES ‐ OSHA ROLL OVER BALANCE TO FY23 NO PO 12,577.64$
Restocking supplies due to increased demand and supply chain irregularities over the last 2 years
10‐10‐6600‐5300‐448 C.S./HEALTH NURSE & DRUG TESTING ROLL OVER BALANCE TO FY23 NO PO 1,750.00$
Verbal announcement from vendor that a price increase is expected which was not included in FY23
budget
10‐10‐6600‐5300‐570 MISCELLANEOUS ROLL OVER BALANCE TO FY23 NO PO 29,235.00$ For vending machine purchase dependent on 86N renovations
AGENDA ABSTRACT | 1 of 1
Agenda Abstract
BOARD OF COMMISSIONERS
Meeting date: June 27, 2022
Department: Administrative
Services
Public hearing: No
Date of public hearing: N/A
PRESENTER/INFORMATION CONTACT
Town Manager Eric Peterson
Administrative Services Director Jen Della Valle
ITEM TO BE CONSIDERED
Subject: American Rescue Plan Act (ARPA) Policies
Attachments:
1. Eligible Use Policy
2. Allowable Costs & Cost Principles Policy
3. Nondiscrimination Policy
4. Records Retention Policy
5. Conflict of Interest Policy
6. Property Management Policy
Brief summary:
The town has received ARPA funds, which are federal grant funds and thus subject to award terms. One of the
requirements is that local governments adopt and implement various uniform guidance policies. Attached are the
policies that the Town of Hillsborough needs to adopt and implement to comply with the funding requirements.
Action requested:
Approve all policies.
ISSUE OVERVIEW
Background information and issue summary:
See summary section above.
Financial impacts:
None identified.
Staff recommendation and comments:
Approve all policies.
For clerk’s use
AGENDA ITEM:
3.D
Consent
agenda
Regular
agenda
Closed
session
ELIGIBLE PROJECT POLICY FOR THE EXPENDITURE OF AMERICAN RESCUE PLAN ACT OF 2021
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS BY TOWN OF HILLSBOROUGH
WHEREAS the Town of Hillsborough, has received an allocation of funds from the Coronavirus
State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021
(ARP/CSLFRF); and
WHEREAS US Treasury is responsible for implementing ARP/CSLFRF and has enacted a Final Rule
outlining eligible projects; and
WHEREAS the funds may be used for projects within these categories, to the extent authorized
by state law.
1. Support COVID-19 public health expenditures, by funding COVID-19 mitigation and
prevention efforts, medical expenses, behavioral healthcare, preventing and responding
to violence, and certain public health and safety staff;
2. Address negative economic impacts caused by the public health emergency, including
economic harms to households, small businesses, non-profits, impacted industries, and
the public sector;
3. Replace lost public sector revenue, using this funding to provide government services to
the extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who have
borne and will bear the greatest health risks because of their service in critical
infrastructure sectors; and,
5. Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet; and
WHEREAS the ARP/CSLFRF are subject to the provisions of the federal Uniform Grant Guidance,
2 CFR Part 200 (UG), as provided in the Assistance Listing; and
WHEREAS US Treasury has issued a Compliance and Reporting Guidance v.2.1 (November 15,
2021) dictating implementation of the ARP/CSLFRF award terms and compliance requirements;
and
WHEREAS the Compliance and Reporting Guidance states on page 6 that
Per 2 CFR Part 200.303, your organization must develop and implement effective
internal controls to ensure that funding decisions under the SLFRF award constitute
eligible uses of funds, and document determinations.
BE IT RESOLVED that the Town of Hillsborough hereby adopts and enacts the following Eligibility
Determination Policy for ARP/CSLFRF funds.
Eligibility Determination Policy for American Rescue Plan Act of 2021
Coronavirus State and Local Fiscal Recovery Funds
This policy defines the permissible and prohibited uses of the Coronavirus State and Local Fiscal
Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF) funds. It also
outlines the procedures for determining how Town of Hillsborough will spend its ARP/CSLFRF
funds.
I. PERMISSIBLE USES OF ARP/CSLFRF FUNDING
US Treasury issued its Final Rule regarding use of ARPA funds on January 6, 2022. (The Final Rule
is effective as of April 1, 2022. Until that date, a local government may proceed under the
regulation promulgated by US Department of the Treasury in its Interim Final Rule or the Final
Rule.) The Final Rule (and the Interim Final Rule) identify permissible uses of ARP/CSLFRF funds
and certain limitations and process requirements. Local governments must allocate ARP/CSLFRF
funds no later than December 31, 2024 and disburse all funding no later than December 31, 2026.
Failure of an entity to expend all funds by December 31, 2026 will result in forfeiture of ARPA
funds.
ARP/CSLFRF funds may be used for projects within the following categories of expenditures:
1. Support COVID-19 public health expenditures, by funding COVID-19 mitigation and
prevention efforts, medical expenses, behavioral healthcare, preventing and responding
to violence, and certain public health and safety staff;
2. Address negative economic impacts caused by the public health emergency, including
economic harms to workers, households, small businesses, non-profits, impacted
industries, and the public sector;
3. Replace lost public sector revenue, using this funding to provide government services to
the extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who have
borne and will bear the greatest health risks because of their service in critical
infrastructure sectors; and
5. Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet; and
II. PROHIBITED USES OF ARPA FUNDING
The ARP/CSLFRF and US Treasury’s Final Rule prohibit certain uses of ARP/CSLFRF funds.
Specifically, ARP/CSLFRF funds may not be used for projects within the following categories of
expenditures:
1. To make a deposit into a pension fund that constitutes an extraordinary payment of
an accrued, unfunded liability (Note that routine contributions as part of a payroll
obligation for an eligible project are allowed.);
2. To borrow money or make debt service payments;
3. To replenish rainy day funds or fund other financial reserves;
4. To satisfy an obligation arising from a settlement agreement, judgment, consent
decree, or judicially confirmed debt restricting in a judicial, administrative, or
regulatory proceeding (There is an exception to this prohibition if the settlement or
judgment requires the Town of Hillsborough to provide services to respond to the
COVID-19 public health emergency or its negative economic impacts or to provide
government services, then the costs of those otherwise ARP/CSLFRF-eligible projects
are allowed.);
5. For a project that includes a term or condition that undermines efforts to stop the
spread of COVID-19 or discourages compliance with recommendations and
guidelines in CDC guidance for stopping the spread of COVID-19;
6. In violation of the conflict-of-interest requirements imposed by the award terms and
2 CFR 200.318(c).
7. For any expenditure that would violate other applicable federal, state, and local laws
and regulations.
The Town of Hillsborough, and any of its contractors or subrecipients, may not expend any
ARP/CSLFRF funds for these purposes.
III. PROCEDURES FOR PROJECT APPROVAL
The following are procedures for ARP/CSLFRF project approvals. All Town of Hillsborough
employees and officials must comply with these requirements.
1. Requests for ARP/CSLFRF funding, must be made in writing and include all the following:
a. Brief description of the project
b. Identification of ARP/CSLFRF Expenditure Category (EC) (A list of ECs in in the
Appendix to the US Treasury Compliance and Reporting Guidance.)
c. Required justifications for applicable projects, according to the requirements in
the Final Rule. Employees or any applicant seeking ARPA funding should review
the Final Rule and Final Rule Overview prior to submitting a proposal.
d. Proposed budget, broken down by cost item, in accordance with the Town of
Hillsborough’s Allowable Cost Policy.
e. A project implementation plan and estimated implementation timeline (All
ARP/CSLFRF funds must be fully obligated by December 31, 2024, and fully
expended by December 31, 2026.)
2. Requests for funding must be submitted to Town Manager for approval. All requests will
be reviewed by Finance Director for ARP/CSLFRF compliance and by Finance Director for
allowable costs and other financial review.
3. No ARP/CSLFRF may be obligated or expended before final written approval by Finance
Director.
4. If a proposal does not meet the required criteria, it will be returned to the requesting
party for revision and resubmittal.
5. Following approval, employees responsible for implementing the project must conform
actual obligations and expenditures to the pre-approved project budget. Changes in
project budgets must be approved by Budget Director and may require a budget
amendment before proceeding. Any delay in the projected project completion date shall
be communicated to the Finance Director immediately.
6. Finance Director must collect and document required information for each EC, for
purposes of completing the required Project and Expenditure reports.
7. Finance Director must maintain written project requests and approvals, all supporting
documentation, and financial information at least until December 31, 2031.
1
ALLOWABLE COSTS AND COST PRINCIPLES FOR EXPENDITURE OF AMERICAN RESCUE PLAN
ACT CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS BY NORTH CAROLINA
LOCAL GOVERNMENTS
WHEREAS the Town of Hillsborough, has received an allocation of funds from the Coronavirus
State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021
(ARP/CSLFRF); and
WHEREAS the funds may be used for projects within these categories, to the extent authorized
by state law.
1. Support COVID-19 public health expenditures, by funding COVID-19 mitigation and
prevention efforts, medical expenses, behavioral healthcare, preventing and responding to
violence, and certain public health and safety staff;
2. Address negative economic impacts caused by the public health emergency, including
economic harms to households, small businesses, non-profits, impacted industries, and the
public sector;
3. Replace lost public sector revenue, using this funding to provide government services to
the extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who have
borne and will bear the greatest health risks because of their service in critical infrastructure
sectors; and,
5. Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet.
WHEREAS the ARP/CSLFRF are subject to the provisions of the federal Uniform Grant
Guidance, 2 CFR Sect. 200 (UG), as provided in the Assistance Listing; and
WHEREAS the Compliance and Reporting Guidance for the State and Local Fiscal Recovery
Funds provides, in relevant part:
Allowable Costs/Cost Principles. As outlined in the Uniform Guidance at 2 CFR Part
200, Subpart E regarding Cost Principles, allowable costs are based on the premise that a
recipient is responsible for the effective administration of Federal awards, application of
sound management practices, and administration of Federal funds in a manner consistent
with the program objectives and terms and conditions of the award. Recipients must
implement robust internal controls and effective monitoring to ensure compliance with the
Cost Principles, which are important for building trust and accountability.
[ARP/CSLFRF] Funds may be, but are not required to be, used along with other funding
sources for a given project. Note that [ARP/CSLFRF] Funds may not be used for a non-
Federal cost share or match where prohibited by other Federal programs, e.g., funds may
not be used for the State share for Medicaid.
2
Treasury’s Interim Final Rule and guidance and the Uniform Guidance outline the types of
costs that are allowable, including certain audit costs. For example, per 2 CFR 200.425, a
reasonably proportionate share of the costs of audits required by the Single Audit Act
Amendments of 1996 are allowable; however, costs for audits that were not performed in
accordance with 2 CFR Part 200, Subpart F are not allowable. Please see 2 CFR Part 200,
Subpart E regarding the Cost Principles for more information.
a. Administrative costs: Recipients may use funds for administering the SLFRF
program, including costs of consultants to support effective management and
oversight, including consultation for ensuring compliance with legal,
regulatory, and other requirements. Further, costs must be reasonable and
allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405. Pursuant to the
[ARP/CSLFRF] Award Terms and Conditions, recipients are permitted to
charge both direct and indirect costs to their SLFRF award as administrative
costs. Direct costs are those that are identified specifically as costs of
implementing the [ARP/CSLFRF] program objectives, such as contract
support, materials, and supplies for a project. Indirect costs are general
overhead costs of an organization where a portion of such costs are allocable to
the [ARP/CSLFRF] award such as the cost of facilities or administrative
functions like a director’s office. Each category of cost should be treated
consistently in like circumstances as direct or indirect, and recipients may not
charge the same administrative costs to both direct and indirect cost categories,
or to other programs. If a recipient has a current Negotiated Indirect Costs Rate
Agreement (NICRA) established with a Federal cognizant agency responsible
for reviewing, negotiating, and approving cost allocation plans or indirect cost
proposals, then the recipient may use its current NICRA. Alternatively, if the
recipient does not have a NICRA, the recipient may elect to use the de minimis
rate of 10 percent of the modified total direct costs pursuant to 2 CFR
200.414(f).
b. Salaries and Expenses: In general, certain employees’ wages, salaries, and
covered benefits are an eligible use of [ARP/CSLFRF] award funds; and
WHEREAS Subpart E of the UG dictates allowable costs and cost principles for expenditure of
ARP/CSLFRF funds; and
WHEREAS Subpart E of the UG (specifically, 200.400) states that:
The application of these cost principles is based on the fundamental premises that:
(a) The non-Federal entity is responsible for the efficient and effective
administration of the Federal award through the application of sound
management practices.
(b) The non-Federal entity assumes responsibility for administering Federal
funds in a manner consistent with underlying agreements, program
objectives, and the terms and conditions of the Federal award.
3
(c) The non-Federal entity, in recognition of its own unique combination of
staff, facilities, and experience, has the primary responsibility for
employing whatever form of sound organization and management
techniques may be necessary in order to assure proper and efficient
administration of the Federal award.
(d) The application of these cost principles should require no significant
changes in the internal accounting policies and practices of the non-Federal
entity. However, the accounting practices of the non-Federal entity must be
consistent with these cost principles and support the accumulation of costs
as required by the principles, and must provide for adequate documentation
to support costs charged to the Federal award.
(e) In reviewing, negotiating and approving cost allocation plans or indirect
cost proposals, the cognizant agency for indirect costs should generally
assure that the non-Federal entity is applying these cost accounting
principles on a consistent basis during their review and negotiation of
indirect cost proposals. Where wide variations exist in the treatment of a
given cost item by the non-Federal entity, the reasonableness and equity of
such treatments should be fully considered.
(f) For non-Federal entities that educate and engage students in research, the
dual role of students as both trainees and employees (including pre- and
post-doctoral staff) contributing to the completion of Federal awards for
research must be recognized in the application of these principles.
(g) The non-Federal entity may not earn or keep any profit resulting from
Federal financial assistance, unless explicitly authorized by the terms and
conditions of the Federal award;
BE IT RESOLVED that the governing board of Town of Hillsborough hereby adopts and enacts
the following UG Allowable Costs and Cost Principles Policy for the expenditure of ARP/CSLFRF
funds.
Town of Hillsborough Allowable Costs and Costs Principles Policy
I. ALLOWABLE COSTS AND COSTS PRINCIPLES POLICY OVERVIEW
Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, commonly called Uniform Guidance
(UG), specifically Subpart E, defines those items of cost that are allowable, and which are
unallowable. The tests of allowability under these principles are: (a) the costs must be
reasonable; (b) they must be allocable to eligible projects under the Coronavirus State and Local
Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF); (c)
they must be given consistent treatment through application of those generally accepted
accounting principles appropriate to the circumstances; and (d) they must conform to any
limitations or exclusions set forth in these principles or in the ARP/CSLFRF grant award as to
types or amounts of cost items. Unallowable items fall into two categories: expenses which are
by their nature unallowable (e.g., alcohol), and unallowable activities (e.g., fund raising).
4
Town of Hillsborough shall adhere to all applicable cost principles governing the use of federal
grants. This policy addresses the proper classification of both direct and indirect charges to
ARP/CSLFRF funded projects and enacts procedures to ensure that proposed and actual
expenditures are consistent with the ARP/CSLFRF grant award terms and all applicable federal
regulations in the UG.
Responsibility for following these guidelines lies with Finance Director, who is charged with the
administration and financial oversight of the ARP/CSLFRF. Further, all local government
employees and officials who are involved in obligating, administering, expending, or monitoring
ARP/CSLFRF grant funded projects should be well versed with the categories of costs that are
generally allowable and unallowable. Questions on the allowability of costs should be directed to
the Financial Services Department. As questions on allowability of certain costs may require
interpretation and judgment, local government personnel are encouraged to ask for assistance in
making those determinations.
II. GENERAL COST ALLOWABILITY CRITERIA
All costs expended using ARP/CSLFRF funds must meet the following general criteria:
1. Be necessary and reasonable for the proper and efficient performance and
administration of the grant program.
A cost must be necessary to achieve a project object. When determining whether a cost is
necessary, consideration may be given to:
○ Whether the cost is needed for the proper and efficient performance of the grant
project.
○ Whether the cost is identified in the approved project budget or application.
○ Whether the cost aligns with identified needs based on results and findings from a
needs assessment.
○ Whether the cost addresses project goals and objectives and is based on program
data.
A cost is reasonable if, in its nature and amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the decision
to incur the cost was made. For example, reasonable means that sound business practices
were followed, and purchases were comparable to market prices. When determining
reasonableness of a cost, consideration must be given to:
○ Whether the cost is a type generally recognized as ordinary and necessary for the
operation of the Town of Hillsborough or the proper and efficient performance of
the federal award.
○ The restraints or requirements imposed by factors, such as: sound business
practices; arm’s-length bargaining; federal, state, and other laws and regulations;
and terms and conditions of the ARP/CSLFRF award.
5
○ Market prices for comparable goods or services for the geographic area.
○ Whether individuals concerned acted with prudence in the circumstances
considering their responsibilities to Town of Hillsborough, its employees, the
public at large, and the federal government.
○ Whether Town of Hillsborough significantly deviates from its established
practices and policies regarding the incurrence of costs, which may unjustifiably
increase the ARP/CSLFRF award’s cost.
2. Be allocable to the ARP/CSLFRF federal award. A cost is allocable to the
ARP/CSLFRF award if the goods or services involved are chargeable or assignable to the
ARP/CSLFRF award in accordance with the relative benefit received. This means that
the ARP/CSLFRF grant program derived a benefit in proportion to the funds charged to
the program. For example, if 50 percent of a local government program officer’s salary is
paid with grant funds, then the local government must document that the program officer
spent at least 50 percent of his/her time on the grant program.
If a cost benefits two or more projects or activities in proportions that can be determined
without undue effort or cost, the cost must be allocated to the projects based on the
proportional benefit. If a cost benefits two or more projects or activities in proportions
that cannot be determined because of the interrelationship of the work involved, then the
costs may be allocated or transferred to benefitted projects on any reasonable documented
basis. Where the purchase of equipment or other capital asset is specifically authorized by
the ARP/CSLFRF, the costs are assignable to the Federal award regardless of the use that
may be made of the equipment or other capital asset involved when no longer needed for
the purpose for which it was originally required.
3. Be authorized and not prohibited under state or local laws or regulations.
4. Conform to any limitations or exclusions set forth in the principles, federal laws,
ARP/CSLFRF award terms, and other governing regulations as to types or amounts
of cost items.
5. Be consistent with policies, regulations, and procedures that apply uniformly to both
the ARP/CSLFRF federal award and other activities of Town of Hillsborough.
6. Be accorded consistent treatment. A cost MAY NOT be assigned to a federal award as
a direct cost and also be charged to a federal award as an indirect cost. And a cost must
be treated consistently for both federal award and non-federal award expenditures.
7. Be determined in accordance with generally accepted accounting principles
(GAAP), unless provided otherwise in the UGG.
8. Be net of all applicable credits. The term “applicable credits” refers to those receipts or
reduction of expenditures that operate to offset or reduce expense items allocable to the
federal award. Typical examples of such transactions are purchase discounts; rebates or
allowances; recoveries or indemnities on losses; and adjustments of overpayments or
erroneous charges. To the extent that such credits accruing to and received by the local
6
government related to the federal award, they shall be credited to the ARP/CSLFRF
award, either as a cost reduction or a cash refund, as appropriate and consistent with the
award terms.
9. Be adequately documented.
III. SELECTED ITEMS OF COST
The UGG examines the allowability of fifty-five (55) specific cost items (commonly referred to
as Selected Items of Cost) at 2 CFR § 200.420-.475.
The Financial Services Department responsible for determining cost allowability must be
familiar with the Selected Items of Cost. The Town of Hillsborough must follow the applicable
regulations when charging these specific expenditures to the ARP/CSLFRF grant. Financial
Services Department personnel will check costs against the selected items of cost requirements
to ensure the cost is allowable and that all process and documentation requirements are followed.
In addition, State laws, Town of Hillsborough regulations, and program-specific rules may deem
a cost as unallowable, and Financial Services Department personnel must follow those non-
federal rules as well.
Exhibit A identifies and summarizes the Selected Items of Cost.
IV. DIRECT AND INDIRECT COSTS
Allowable and allocable costs must be appropriately classified as direct or indirect charges. It is
essential that each item of cost be treated consistently in like circumstances either as a direct or
an indirect cost.
Direct costs are expenses that are specifically associated with a particular ARP/CSLFRF-eligible
project and that can be directly assigned to such activities relatively easily with a high degree of
accuracy. Common examples of direct costs include salary and fringe benefits of personnel
directly involved in undertaking an eligible project, equipment and supplies for the project,
subcontracted service provider, or other materials consumed or expended in the performance of a
grant-eligible project.
Indirect costs are (1) costs incurred for a common or joint purpose benefitting more than one
ARP/CSLFRF-eligible project, and (2) not readily assignable to the project specifically
benefited, without effort disproportionate to the results achieved. They are expenses that benefit
more than one project or even more than one federal grant. Common examples of indirect costs
include utilities, local telephone charges, shared office supplies, administrative or secretarial
salaries.
For indirect costs, the Town of Hillsborough may charge a 10 percent de minimis rate of
modified total direct costs (MTDC). According to UGG Section 200.68 MTDC means all direct
salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to
the first $25,000 of each subaward (regardless of the period of performance the subawards under
the award). MTDC EXCLUDES equipment, capital expenditures, charges for patient care, rental
costs, tuition remission, scholarships and fellowships, participant support costs and the portion of
each subaward in excess of $25,000.
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V. SPECIAL PROVISIONS FOR STATE AND LOCAL GOVERNMENTS
There are some special provisions of the UG that apply only to states, local governments, and
Indian Tribes.
§ 200.444 General costs of government.
(a) For states, local governments, and Indian Tribes, the general costs of government are
unallowable (except as provided in § 200.475). Unallowable costs include:
(1) Salaries and expenses of the Office of the Governor of a state or the chief executive
of a local government or the chief executive of an Indian tribe;
(2) Salaries and other expenses of a state legislature, tribal council, or similar local
governmental body, such as a county supervisor, city council, school board, etc., whether
incurred for purposes of legislation or executive direction;
(3) Costs of the judicial branch of a government;
(4) Costs of prosecutorial activities unless treated as a direct cost to a specific program
if authorized by statute or regulation (however, this does not preclude the allowability
of other legal activities of the Attorney General as described in § 200.435); and
(5) Costs of other general types of government services normally provided to the general
public, such as fire and police, unless provided for as a direct cost under a program
statute or regulation.
(b) For Indian tribes and Councils of Governments (COGs) (see definition for Local
government in § 200.1 of this part), up to 50% of salaries and expenses directly attributable
to managing and operating Federal programs by the chief executive and his or her staff
can be included in the indirect cost calculation without documentation.
§ 200.416 COST ALLOCATION PLANS AND INDIRECT COST PROPOSALS.
(a) For states, local governments and Indian tribes, certain services, such as motor pools,
computer centers, purchasing, accounting, etc., are provided to operating agencies on a
centralized basis. Since Federal awards are performed within the individual operating
agencies, there needs to be a process whereby these central service costs can be identified
and assigned to benefitted activities on a reasonable and consistent basis. The central
service cost allocation plan provides that process.
(b) Individual operating agencies (governmental department or agency), normally charge
Federal awards for indirect costs through an indirect cost rate. A separate indirect cost
rate(s) proposal for each operating agency is usually necessary to claim indirect costs under
Federal awards. Indirect costs include:
(1) The indirect costs originating in each department or agency of the governmental unit
carrying out Federal awards and
8
(2) The costs of central governmental services distributed through the central service cost
allocation plan and not otherwise treated as direct costs.
(c) The requirements for development and submission of cost allocation plans (for central
service costs and public assistance programs) and indirect cost rate proposals are contained
in appendices V, VI and VII to this part.
§ 200.417 INTERAGENCY SERVICE.
The cost of services provided by one agency to another within the governmental unit may
include allowable direct costs of the service plus a pro-rated share of indirect costs. A
standard indirect cost allowance equal to ten percent of the direct salary and wage cost of
providing the service (excluding overtime, shift premiums, and fringe benefits) may be
used in lieu of determining the actual indirect costs of the service. These services do not
include centralized services included in central service cost allocation plans as described
in Appendix V to Part 200.
VI. COST ALLOWABILITY REVIEW PROCESS
P REAPPROVAL C OST ALLOWABILITY R EVIEW
Before an ARP/CSLFRF-funded project is authorized, Financial Services Department must
review the proposed cost items within an estimated project budget to determine whether they are
allowable and allocable and whether cost items will be charged as direct or indirect expenses.
This review will occur concurrently with the review of project eligibility and before obligating or
expending any ARP/CSLFRF funds.
• Local government personnel must submit proposed ARP/CSLFRF projects to Financial
Services Department for review. In addition to other required information, all proposed
project submissions must delineate estimated costs by cost item.
• Along with a general review of project eligibility and conformance with other governing
board management directives, Financial Services Department must review estimated
costs for specific allowable cost requirements, budget parameters, indirect rates, fringe
benefit rates, and those activities/costs that require pre-approval by the US Treasury.
• If a proposed project includes a request for an unallowable cost, the Financial Services
Department will return the proposal to the requesting party for review and, if practicable,
resubmission with corrected cost items.
• Once a proposed project budget is pre-approved by Financial Services Department, the
local government personnel responsible for implementing the project must conform
actual obligations and expenditures to the pre-approved project budget.
P OST-EXPENDITURE C OST ALLOWABILITY R EVIEW
9
Once an expenditure is incurred related to an eligible project, and an invoice or other demand for
payment is submitted to the local government, the Financial Services Department must perform a
second review to ensure that actual expenditures comprise allowable costs.
• All invoices or other demands for payment must include a breakdown by cost item. The
cost items should mirror those presented in the proposed budget for the project. If an
invoice or other demand for payment does not include a breakdown by cost item, the
Financial Services Department will return the invoice to the project manager and/or
vendor, contractor, or subrecipient for correction.
• The Financial Services Department must review the individual cost items listed on the
invoice or other demand for payment to determine their allowability and allocability.
• If all cost items are deemed allowable and properly allocable, the Financial Services
Department must proceed through the local government’s normal disbursement process.
• If any cost item is deemed unallowable, the Financial Services Department will notify the
project management and/or vendor, contractor, or subrecipient that a portion of the
invoice or other demand for payment will not be paid with ARP/CSLFRF funds. The
Financial Services Department may in their discretion, and consistent with this policy,
allow an invoice or other demand for payment to be resubmitted with a revised cost
allocation. If the local government remains legally obligated by contract or otherwise to
pay the disallowed cost item, it must identify other local government funds to cover the
disbursement. Town of Hillsborough’s governing board must approve any allocation of
other funds for this purpose.
• The Financial Services Department must retain appropriate documentation of budgeted
cost items per project and actual obligations and expenditures of cost items per project.
VII. COST TRANSFERS
Any costs charged to the ARP/CSLFRF federal award that do not meet the allowable cost criteria
must be removed from the award account and charged to an account that does not require
adherence to federal UGG or other applicable guidelines.
Failure to adequately follow this policy and related procedures could result in questioned costs,
audit findings, potential repayment of disallowed costs and discontinuance of funding.
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EXHIBIT A
Selected Items of Cost Uniform Guidance
General Reference
Allowability
Advertising and public relations costs 2 CFR § 200.421 Allowable with restrictions
Advisory councils 2 CFR § 200.422 Allowable with restrictions
Alcoholic beverages 2 CFR § 200.423 Unallowable
Alumni/ae activities 2 CFR § 200.424 Not specifically addressed
Audit services 2 CFR § 200.425 Allowable with restrictions
Bad debts 2 CFR § 200.426 Unallowable
Bonding costs 2 CFR § 200.427 Allowable with restrictions
Collection of improper payments 2 CFR § 200.428 Allowable
Commencement and convocation costs 2 CFR § 200.429 Not specifically addressed
Compensation – personal services 2 CFR § 200.430 Allowable with restrictions; Special conditions
apply (e.g., § 200.430(i)(5))
Compensation – fringe benefits 2 CFR § 200.431 Allowable with restrictions
Conferences 2 CFR § 200.432 Allowable with restrictions
Contingency provisions 2 CFR § 200.433 Unallowable with exceptions
Contributions and donations 2 CFR § 200.434 Unallowable (made by non-federal entity); not
reimbursable but value may be used as cost
sharing or matching (made to non-federal
entity)
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Defense and prosecution of criminal and
civil proceedings, claims, appeals and patent
infringements
2 CFR § 200.435 Allowable with restrictions
Depreciation 2 CFR § 200.436 Allowable with qualifications
Employee health and welfare costs 2 CFR § 200.437 Allowable with restrictions
Entertainment costs 2 CFR § 200.438 Unallowable with exceptions
Equipment and other capital expenditures 2 CFR § 200.439 Allowability based on specific requirement
Exchange rates 2 CFR § 200.440 Allowable with restrictions
Fines, penalties, damages and other
settlements
2 CFR § 200.441 Unallowable with exceptions
Fund raising and investment management
costs
2 CFR § 200.442 Unallowable with exceptions
Gains and losses on disposition of
depreciable assets
2 CFR § 200.443 Allowable with restrictions
General costs of government 2 CFR § 200.444 Unallowable with exceptions
Goods and services for personal use 2 CFR § 200.445 Unallowable (goods/services); allowable
(housing) with restrictions
Idle facilities and idle capacity 2 CFR § 200.446 Idle facilities - unallowable with exceptions;
Idle capacity - allowable with restrictions
Insurance and indemnification 2 CFR § 200.447 Allowable with restrictions
Intellectual property 2 CFR § 200.448 Allowable with restrictions
Interest 2 CFR § 200.449 Allowable with restrictions
Lobbying 2 CFR § 200.450 Unallowable
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Losses on other awards or contracts 2 CFR § 200.451 Unallowable (however, they are required to be
included in the indirect cost rate base for
allocation of indirect costs)
Maintenance and repair costs 2 CFR § 200.452 Allowable with restrictions
Materials and supplies costs, including costs
of computing devices
2 CFR § 200.453 Allowable with restrictions
Memberships, subscriptions, and
professional activity costs
2 CFR § 200.454 Allowable with restrictions; unallowable for
lobbying organizations
Organization costs 2 CFR § 200.455 Unallowable except federal prior approval
Participant support costs 2 CFR § 200.456 Allowable with prior approval of the federal
awarding agency
Plant and security costs 2 CFR § 200.457 Allowable; capital expenditures are subject to
§ 200.439
Pre-award costs 2 CFR § 200.458 Allowable if consistent with other allowabilities
and with prior approval of the federal awarding
agency
Professional services costs 2 CFR § 200.459 Allowable with restrictions
Proposal costs 2 CFR § 200.460 Allowable with restrictions
Publication and printing costs 2 CFR § 200.461 Allowable with restrictions
Rearrangement and reconversion costs 2 CFR § 200.462 Allowable (ordinary and normal)
Recruiting costs 2 CFR § 200.463 Allowable with restrictions
Relocation costs of employees 2 CFR § 200.464 Allowable with restrictions
Rental costs of real property and equipment 2 CFR § 200.465 Allowable with restrictions
Scholarships and student aid costs 2 CFR § 200.466 Not specifically addressed
13
Selling and marketing costs 2 CFR § 200.467 Unallowable with exceptions
Specialized service facilities 2 CFR § 200.468 Allowable with restrictions
Student activity costs 2 CFR § 200.469 Unallowable unless specifically provided for in
the federal award
Taxes (including Value Added Tax) 2 CFR § 200.470 Allowable with restrictions
Termination costs 2 CFR § 200.471 Allowable with restrictions
Training and education costs 2 CFR § 200.472 Allowable for employee development
Transportation costs 2 CFR § 200.473 Allowable with restrictions
Travel costs 2 CFR § 200.474 Allowable with restrictions
Trustees 2 CFR § 200.475 Not specifically addressed
NONDISCRIMINATION POLICY
WHEREAS, the Town of Hillsborough has received an allocation of funds from the
“Coronavirus State Fiscal Recovery Fund” or “Coronavirus Local Fiscal Recovery Fund”
(together “CSLFRF funds”), established pursuant to Sections 602 and 603 of the Social Security
Act, as added by Section 9901 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (the
“ARP/CSLFRF award”).
WHEREAS, CSLFRF funds are subject to the U.S. Department of Treasury (“Treasury”)
regulations, including the Final Rule, the Award Terms and Conditions, and the Title VII
implementing regulations at 31 C.F.R. Part 22.
WHEREAS, pursuant to the ARP/CSLFRF Award Terms and Conditions, and as a condition of
receiving CSLFRF funds, the Town of Hillsborough agrees to follow all federal statutes and
regulations prohibiting discrimination in its administration of CSLFRF under the terms and
conditions of the ARP/CSLFRF award, including, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis
of race, color, or national origin within programs or activities receiving federal financial
assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et
seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity receiving
Federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101
et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
RESOLVED, That the governing board of the Town of Hillsborough hereby adopts and enacts
the following nondiscrimination policy, which shall apply to the operations of any program,
activity, or facility that is supported in whole, or in part, by expenditures CSLFRF pursuant to
the ARP/CSLFRF award.
Nondiscrimination Policy Statement
It is the policy of the Town of Hillsborough to ensure that no person shall, on the ground of race,
color, national origin (including limited English Proficiency), familial status, sex, age, or
disability, be excluded from participation in, be denied the befits of, or be otherwise subject to
discrimination under any program or activity administered by the Town of Hillsborough,
including programs or activities that are funded in whole or part, with Coronavirus State and
Local Fiscal Recovery Funds (“CSLFRF”), which the Town of Hillsborough received from the
U.S. Department of Treasury (“Treasury”) pursuant to Sections 602 and 603 of the Social
Security Act, as added by Section 9901 of the American Rescue Plan Act of 2021, Pub. L. No.
117-2 (herein the “ARP/CSLFRF award”).
I. Governing Statutory & Regulatory Authorities
As required by the CSLFRF Award Terms and Conditions, the Town of Hillsborough shall
ensure that each “activity,” “facility,” or “program” that is funded in whole, or in part, with
CSLFRF and administered under the ARP/CSLFRF award, will be facilitated, operated, or
conducted in compliance with the following federal statutes and federal regulations prohibiting
discrimination. These include, but are not limited to, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis
of race, color, or national origin under programs or activities receiving federal financial
assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et
seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity receiving
federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age within programs or activities receiving federal financial assistance;
and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101
et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
II. Discriminatory Practices Prohibited in the Administration of the ARP/CSLFRF
Award
To ensure compliance with Title VII of the Civil Rights Act of 1964, and Title 31 Code of
Federal Regulations, Part 22, the Civil Rights Restoration Act of 1987, and other pertinent
nondiscrimination authorities, the Town of Hillsborough shall prohibit, at a minimum, the
following practices in its administration of CSLFRF pursuant to the ARP/CSLFRF award:
1. Denying to a person any service, financial aid, or other program benefit without good
cause;
2. Providing to a person any service, financial aid, or another benefit which is different in
quantity or quality, or is provided in a different manner, from that provided to others
under the program.
3. Subjecting a person to segregation or separate treatment in any matter related to the
receipt of any service, financial aid, or other benefit under the program;
4. Restricting a person in the enjoyment of any advantages, privileges, or other benefits
enjoyed by others receiving any service, financial aid, or other benefit under the program;
5. Treating a person differently from others in determining whether that person satisfies any
admission, enrollment, quota, eligibility, membership, or other requirement or condition
which persons must meet to be provided any service, financial aid, or other benefit
provided under the program;
6. Implementing different standards, criteria, or other requirements for admission,
enrollment, or participation in planning, advisory, contractual, or other integral activities
to the program;
7. Adopting methods of administration which, directly or through contractual relationships,
would defeat or substantially impair the accomplishment of effective nondiscrimination;
8. Selecting a site or location of facilities with the purpose or effect of excluding persons
from, denying them the benefits of, subjecting them to discrimination, or with the
purpose or effect of defeating or substantially impairing the accomplishment of the
objectives of Title VI or related acts and regulations;
9. Discriminating against any person, either directly or through a contractual agreement, in
any employment resulting from the program, a primary objective of which is to provide
employment;
10. Committing acts of intimidation or retaliation, including threatening, coercing, or
discriminating against any individual for the purpose of interfering with any right or
privilege secured by any pertinent nondiscrimination law, or because an individual made
a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing.
III. Reporting & Enforcement
1. The Town of Hillsborough shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury. Enforcement may include investigation,
arbitration, mediation, litigation, and monitoring of any settlement agreements that
may result from these actions. The Town of Hillsborough shall comply with
information requests, on-site compliance reviews, and reporting requirements.
2. The Town of Hillsborough shall maintain a complaint log and inform the Treasury of
any complaints of discrimination on the grounds of race, color, or national origin
(including limited English proficiency covered by Title VI of the Civil Rights Act of
1964 and implementing regulations and provide, upon request, a list of all such
reviews or proceedings based on the complaint, whether pending or completed,
including the outcome. The Town of Hillsborough shall inform the Treasury if it has
received no complaints under Title VI.
3. Any person who believes they have been aggrieved by a discriminatory practice
under Title VI has a right to file a formal complaint with the Treasury. Any such
complaint must be in writing and filed with the Treasury’s Title VI Coordinator
within one hundred eighty (180) days following the date of the alleged discriminatory
occurrence.
4. Any person who believes that because of that person’s race, color, national origin,
limited English proficiency, familial status, sex, age, religion, or disability that
he/she/they have been discriminated against or unfairly treated by the Town of
Hillsborough in violation of this policy should contact the following office within 180
days from the date of the alleged discriminatory occurrence:
Haley Bizzell
Human Resources Manager
PO Box 429
Hillsborough, NC 27278
RECORD RETENTION POLICY: DOCUMENTS CREATED OR MAINTAINED
PURSUANT TO THE ARP/CSLFRF AWARD
Retention of Records: The Coronavirus Local Fiscal Recovery Funds (“CSLFRF”) Award
Terms and Conditions and the Compliance and Reporting Guidance set forth the U.S.
Department of Treasury’s (“Treasury”) record retention requirements for the ARP/CSLFRF
award.
It is the policy of the Town of Hillsborough to follow Treasury’s record retention requirements
as it expends CSLFRF pursuant to the ARP/CSLFRF award. Accordingly, the Town of
Hillsborough agrees to the following:
• Retain all financial and programmatic records related to the use and expenditure of
CSLFRF pursuant to the ARP/CSLFRF award for a period of five (5) years after all
CLFRF funds have been expended or returned to Treasury, whichever is later.
• Retain records for real property and equipment acquired with CSLFRF for five years
after final disposition.
• Ensure that the financial and programmatic records retained sufficiently evidence
compliance with section 603(c) of the Social Security Act “ARPA,” Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
• Allow the Treasury Office of Inspector General and the Government Accountability
Office, or their authorized representatives, the right of timely and unrestricted access to
any records for the purpose of audits or other investigations.
• If any litigation, claim, or audit is started before the expiration of the 5-year period, the
records will be retained until all litigation, claims, or audit findings involving the records
have been resolved.
Covered Records: For purposes of this policy, records are information, regardless of physical
form or characteristics, that are created, received, or retained that evidence the Town of
Hillsborough’s expenditure of CSLFRF funds on eligible projects, programs, or activities
pursuant to the ARP/CSLFRF award.
Records that shall be retained pursuant to this policy include, but are not limited to, the
following:
• Financial statements and accounting records evidencing expenditures of CSLFRF for
eligible projects, programs, or activities.
• Documentation of rational to support a particular expenditure of CSLFRF (e.g.,
expenditure constitutes a general government service);
• Documentation of administrative costs charged to the ARP/CSLFRF award;
• Procurement documents evidencing the significant history of a procurement, including, at
a minimum, the rationale for the method of procurement, selection of contract type,
contractor selection or rejection, and the basis for contract cost or price;
• Subaward agreements and documentation of subrecipient monitoring;
• Documentation evidencing compliance with the Uniform Guidance property management
standards set forth in 2 C.F.R. §§ 200.310-316 and 200.329;
• Personnel and payroll records for full-time and part-time employees compensated with
CSLFRF, including time and effort reports; and
• Indirect cost rate proposals
Storage: Town of Hillsborough’s records must be stored in a safe, secure, and accessible
manner. Wherever practicable, such records should be collected, transmitted, and stored in open
and machine-readable formats.
Departmental Responsibilities: Any department or unit of the Town of Hillsborough, and its
employees, who are responsible for creating or maintaining the covered documents in this policy
shall comply with the terms of this policy. Failure to do so may subject the Town of
Hillsborough to civil and/or criminal liability. Any employee who fails to comply with the record
retention requirements set forth herein may be subject to disciplinary sanctions, including
suspension or termination.
The Finance Director is responsible for identifying the documents that Town of Hillsborough
must or should retain and arrange for the proper storage and retrieval of records. The Finance
Director shall also ensure that all personnel subject to the terms of this policy are aware of the
record retention requirements set forth herein.
Reporting Policy Violations: The Town of Hillsborough is committed to enforcing this policy
as it applies to all forms of records. Any employee that suspects the terms of this policy have
been violated shall report the incident immediately to that employee’s supervisor. If an employee
is not comfortable bringing the matter up with the supervisor, the employee may bring the matter
to the attention of the Town Manager. The Town of Hillsborough prohibits, any form of
discipline, reprisal, intimidation, or retaliation for reporting incidents of inappropriate conduct of
any kind, pursuing any record destruction claim, or cooperating in related investigations.
Questions About the Policy: Any questions about this policy should be referred to Finance
Director by email or phone at 919-296-9451, who is in charge of administering, enforcing, and
updating this policy.
1
CONFLICT OF INTEREST POLICY
APPLICABLE TO CONTRACTS AND SUBAWARDS OF TOWN OF HILLSBOROUGH
SUPPORTED BY FEDERAL FINANCIAL ASSISTANCE
* * * * * * * * *
I. Scope of Policy
a. Purpose of Policy. This Conflict of Interest Policy (“Policy”) establishes conflict of
interest standards that (1) apply when Town of Hillsborough (“Unit”) enters into a Contract
(as defined in Section II hereof) or makes a Subaward (as defined in Section II hereof), and
(2) meet or exceed the requirements of North Carolina law and 2 C.F.R. § 200.318(c).
b. Application of Policy. This Policy shall apply when the Unit enters into a Contract to be
funded, in part or in whole, by Federal Financial Assistance to which 2 C.F.R. § 200.318(c)
applies, or (2) makes any Subaward to be funded by Federal Financial Assistance to which
2 C.F.R. § 200.318(c) applies. If a federal statute, regulation, or the terms of a financial
assistance agreement applicable to a particular form of Federal Financial Assistance
conflicts with any provision of this Policy, such federal statute, regulation, or terms of the
financial assistance agreement shall govern.
II. Definitions
Capitalized terms used in this Policy shall have the meanings ascribed thereto in this Section II:
Any capitalized term used in this Policy but not defined in this Section II shall have the meaning set forth
in 2 C.F.R. § 200.1.
a. “COI Point of Contact” means the individual identified in Section III(a) of this Policy.
b. “Contract” means, for the purpose of Federal Financial Assistance, a legal instrument by
which the Unit purchases property or services needed to carry out a program or project
under a Federal award.
c. “Contractor” means an entity or individual that receives a Contract.
d. “Covered Individual” means a Public Officer, employee, or agent of the Unit.
e. “Covered Nonprofit Organization” means a nonprofit corporation, organization, or
association, incorporated or otherwise, that is organized or operating in the State of North
Carolina primarily for religious, charitable, scientific, literary, public health and safety, or
educational purposes, excluding any board, entity, or other organization created by the
State of North Carolina or any political subdivision of the State (including the Unit).
f. “Direct Benefit” means, with respect to a Public Officer or employee of the Unit, or the
spouse of any such Public Officer or employee, (i) having a ten percent (10%) ownership
interest or other interest in a Contract or Subaward; (ii) deriving any income or commission
directly from a Contract or Subaward; or (iii) acquiring property under a Contract or
Subaward.
2
g. “Federal Financial Assistance” means Federal financial assistance that the Unit receives
or administers in the form of grants, cooperative agreements, non-cash contributions or
donations of property (including donated surplus property), direct appropriations, food
commodities, and other Federal financial assistance (except that the term does not include
loans, loan guarantees, interest subsidies, or insurance).
h. “Governing Board” means the Board of Commissioners of the Unit.
i. “Immediate Family Member” means, with respect to any Covered Individual, (i) a spouse,
and parents thereof, (ii) a child, and parent thereof, (iii) a parent, and spouse thereof, (iv) a
sibling, and spouse thereof, (v) a grandparent and grandchild, and spouses thereof, (vi)
domestic partners and parents thereof, including domestic partners of any individual in (ii)
through (v) of this definition; and (vii) any individual related by blood or affinity whose
close association with the Covered Individual is the equivalent of a family relationship.
j. “Involved in Making or Administering” means (i) with respect to a Public Official or
employee, (a) overseeing the performance of a Contract or Subaward or having authority
to make decisions regarding a Contract or Subaward or to interpret a Contract or Subaward,
or (b) participating in the development of specifications or terms or in the preparation or
award of a Contract or Subaward, (ii) only with respect to a Public Official, being a member
of a board, commission, or other body of which the Public Official is a member, taking
action on the Contract or Subaward, whether or not the Public Official actually participates
in that action.
k. “Pass-Through Entity” means a non-Federal entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
l. “Public Officer” means an individual who is elected or appointed to serve or represent the
Unit (including, without limitation, any member of the Governing Board), other than an
employee or independent contractor of the Unit.
m. “Recipient” means an entity, usually but not limited to a non-Federal entity, that receives
a Federal award directly from a Federal awarding agency. The term does not include
Subrecipients or individuals that are beneficiaries of the award.
n. “Related Party” means (i) an Immediate Family Member of a Covered Individual, (ii) a
partner of a Covered Individual, or (iii) a current or potential employer (other than the Unit)
of a Covered Individual, of a partner of a Covered Individual, or of an Immediate Family
Member of a Covered Individual.
o. “Subaward” means an award provided by a Pass-Through Entity to carry out part of a
Federal award received by the Pass-Through Entity. It does not include payments to a
contractor or payments to a contractor or payments to an individual that is a beneficiary of
a Federal program.
3
p. “Subcontract” means any agreement entered into by a Subcontractor to furnish supplies or
services for the performance of a Contract or a Subcontract. It includes, but is not limited
to, purchase orders, and changes and modifications to purchase orders.
q. “Subcontractor” means an entity that receives a Subcontract.
r. “Subrecipient” means an entity, usually but not limited to a non-Federal entity, that
receives a subaward from a Pass-Through Entity to carry out part of a Federal award; but
does not include an individual that is a beneficiary of such award. A subrecipient may also
be a recipient of other Federal awards directly from a Federal awarding agency.
s. “Unit” has the meaning specified in Section I hereof.
III. COI Point of Contact.
a. Appointment of COI Point of Contact. The Finance Director, an employee of the Unit,
shall have primary responsibility for managing the disclosure and resolution of potential or
actual conflicts of interest arising under this Policy. In the event that Finance Director is
unable to serve in such capacity, Town Manager shall assume responsibility for managing
the disclosure and resolution of conflicts of interest arising under this Policy. The
individual with responsibility for managing the disclosure and resolution of potential or
actual conflicts of interest under this Section III(a) shall be known as the “COI Point of
Contact”.
b. Distribution of Policy. The COI Point of Contact shall ensure that each Covered Individual
receives a copy of this Policy.
IV. Conflict of Interest Standards in Contracts and Subawards
a. North Carolina Law. North Carolina law restricts the behavior of Public Officials and
employees of the Unit involved in contracting on behalf of the Unit. The Unit shall conduct
the selection, award, and administration of Contracts and Subawards in accordance with
the prohibitions imposed by the North Carolina General Statutes and restated in this Section
III.
i. G.S. § 14-234(a)(1). A Public Officer or employee of the Unit Involved in Making
or Administering a Contract or Subaward on behalf of the Unit shall not derive a
Direct Benefit from such a Contract or Subaward.
ii. G.S. § 14-234(a)(3). No Public Officer or employee of the Unit may solicit or
receive any gift, favor, reward, service, or promise of reward, including but not
limited to a promise of future employment, in exchange for recommending,
influencing, or attempting to influence the award of a Contract or Subaward by the
Unit.
iii. G.S. § 14-234.3. If a member of the Governing Board of the Unit serves as a
director, officer, or governing board member of a Covered Nonprofit Organization,
4
such member shall not (1) deliberate or vote on a Contract or Subaward between
the Unit and the Covered Nonprofit Corporation, (2) attempt to influence any other
person who deliberates or votes on a Contract or Subaward between the Unit and
the Covered Nonprofit Corporation, or (3) solicit or receive any gift, favor, reward,
service, or promise of future employment, in exchange for recommending or
attempting to influence the award of a Contract or Subaward to the Covered
Nonprofit Organization.
iv. G.S. § 14-234.1. A Public Officer or employee of the Unit shall not, in
contemplation of official action by the Public Officer or employee, or in reliance
on information which was made known to the public official or employee and
which has not been made public, (1) acquire a pecuniary interest in any property,
transaction, or enterprise or gain any pecuniary benefit which may be affected by
such information or other information, or (2) intentionally aid another in violating
the provisions of this section.
b. Federal Standards.
i. Prohibited Conflicts of Interest in Contracting. Without limiting any specific
prohibition set forth in Section IV(a), a Covered Individual may not participate in
the selection, award, or administration of a Contract or Subaward if such Covered
Individual has a real or apparent conflict of interest.
1. Real Conflict of Interest. A real conflict of interest shall exist when the
Covered Individual or any Related Party has a financial or other interest
in or a tangible personal benefit from a firm considered for a Contract or
Subaward. Exhibit A attached hereto provides a non-exhaustive list of
examples of (i) financial or other interests in a firm considered for a
Contract or Subaward, and (ii) tangible personal benefits from a firm
considered for a Contract or Subaward.
2. Apparent Conflict of Interest. An apparent conflict of interest shall exist
where a real conflict of interest may not exist under Section IV(b)(i)(1),
but where a reasonable person with knowledge of the relevant facts would
find that an existing situation or relationship creates the appearance that a
Covered Individual or any Related Party has a financial or other interest
in or a tangible personal benefit from a firm considered for a Contract or
Subaward.
ii. Identification and Management of Conflicts of Interest.
1. Duty to Disclose and Disclosure Forms
a. Each Covered Individual expected to be or actually involved in
the selection, award, or administration of a Contract or Subaward
has an ongoing duty to disclose to the COI Point of Contact
5
potential real or apparent conflicts of interest arising under this
Policy.
b. Prior to the Unit’s award of a Contract or Subaward, the COI Point
of Contact shall advise Covered Individuals expected to be
involved in the selection, award, or administration of the Contract
or Subaward of such duty.
c. If the value of a proposed Contract or Subaward exceeds
$250,000, the COI Point of Contact shall collect a Conflict of
Interest Disclosure Form contained in Exhibit C (for Contracts)
and Exhibit E (for Subawards) from each Covered Individual and
file such Conflict of Interest Disclosure Form in records of the
Unit.
2. Identification Prior to Award of Contract or Subaward.
a. Prior to the Unit’s award of a Contract or Subaward, the COI Point
of Contact shall complete the appropriate Compliance Checklist
contained in Exhibit B (for Contracts) and Exhibit D (for
Subawards) attached hereto and file such Compliance Checklist in
the records of the Unit.
3. Management Prior to Award of Contract or Subaward
a. If, after completing the Compliance Checklist, the COI Point of
Contact identifies a potential real or apparent conflict of interest
relating to a proposed Contract or Subaward, the COI Point of
Contact shall disclose such finding in writing to Town Manager
and to each member of the Governing Board. If the Governing
Board desires to enter into the proposed Contract or Subaward
despite the identification by the COI Point of Contact of a
potential real or apparent conflict of interest, it may either:
i. accept the finding of the COI Point of Contact and direct
the COI Point of Contact to obtain authorization to enter
into the Contract or Subaward from (a) if Unit is a
Recipient of Federal Financial Assistance, the Federal
awarding agency with appropriate mitigation measures,
or (b) if Unit is a Subrecipient of Federal Financial
Assistance, from the Pass-Through Entity that provided a
Subaward to Unit; or
ii. reject the finding of the COI Point of Contact and enter
into the Contract or Subaward. In rejecting any finding
of the COI Point of Contact, the Governing Board shall in
6
writing document a justification supporting such
rejection.
b. If the COI Point of Contact does not identify a potential real or
apparent conflict of interest relating to a proposed Contract or
Subaward, the Unit may enter into the Contract or Subaward in
accordance with the Unit’s purchasing or subaward policy.
4. Identification After Award of Contract or Subaward.
a. If the COI Point of Contact discovers that a real or apparent
conflict of interest has arisen after the Unit has entered into a
Contract or Subaward, the COI Point of Contact shall, as soon as
possible, disclose such finding to the Town Manager and to each
member of the Governing Board. Upon discovery of such a real
or apparent conflict of interest, the Unit shall cease all payments
under the relevant Contract or Subaward until the conflict of
interest has been resolved.
5. Management After Award of Contract or Subaward.
a. Following the receipt of such disclosure of a potential real or
apparent conflict of interest pursuant to Section IV(b)(ii)(4) , the
Governing Board may reject the finding of the COI Point of
Contact by documenting in writing a justification supporting such
rejection. If the Governing Board fails to reject the finding of the
COI Point of Contact within 15 days of receipt, the COI Point of
Contact shall:
i. if Unit is a Recipient of Federal Financial Assistance
funding the Contract or Subaward, disclose the conflict to
the Federal awarding agency providing such Federal
Financial Assistance in accordance with 2 C.F.R. §
200.112 and/or applicable regulations of the agency, or
ii. if Unit is a Subrecipient of Federal Financial Assistance,
disclose the conflict to the Pass-Through Entity providing
a Subaward to Unit in accordance with 2 C.F.R. § 200.112
and applicable regulations of the Federal awarding
agency and the Pass-Through Entity.
V. Oversight of Subrecipient’s Conflict of Interest Standards
a. Subrecipients of Unit Must Adopt Conflict of Interest Policy. Prior to the Unit’s execution
of any Subaward for which the Unit serves as a Pass-Through Entity, the COI Point of
Contact shall ensure that the proposed Subrecipient of Federal Financial Assistance has
7
adopted a conflict of interest policy that satisfies the requirements of 2 C.F.R. §
200.318(c)(1), 2 C.F.R. § 200.318(c)(2), and all other applicable federal regulations.
b. Obligation to Disclose Subrecipient Conflicts of Interest. The COI Point of Contact shall
ensure that the legal agreement under which the Unit makes a Subaward to a Subrecipient
shall require such Subrecipient to disclose to the COI Point of Contact any potential real
or apparent conflicts of interest that the Subrecipient identifies. Upon receipt of such
disclosure, the COI Point of Contact shall disclose such information to the Federal
awarding agency that funded the Subaward in accordance with that agency’s disclosure
policy.
VI. Gift Standards
a. Federal Standard. Subject to the exceptions set forth in Section VI(b), a Covered Individual
may not solicit or accept gratuities, favors, or anything of monetary value from a Contractor
or a Subcontractor.
b. Exception. Notwithstanding Section VI(a), a Covered Individual may accept an unsolicited
gift from a Contractor or Subcontractor of one or more types specified below if the gift has
an aggregate market value of $20 or less per source per occasion, provided that the
aggregate market value of all gifts received by the Covered Individual pursuant to this
Section VI(b) does not exceed $50 in a calendar year:
i. honorariums for participating in meetings;
ii. advertising items or souvenirs of nominal value; or
iii. meals furnished at banquets.
c. Internal Reporting. A Covered Individual shall report any gift accepted under Section
VI(b) to the COI Point of Contact. If required by regulation of a Federal awarding agency,
the COI Point of Contact shall report such gifts to the Federal awarding agency or a Pass-
Through Entity for which the Unit is a Subrecipient.
VII. Violations of Policy
a. Disciplinary Actions for Covered Individuals. Any Covered Individual that fails to
disclose a real, apparent, or potential real or apparent conflict of interest arising with respect
to the Covered Individual or Related Party may be subject to disciplinary action, including,
but not limited to, an employee’s termination or suspension of employment with or without
pay, the consideration or adoption of a resolution of censure of a Public Official by the
Governing Board, or termination of an agent’s contract with the Unit.
b. Disciplinary Actions for Contractors and Subcontractors. The Unit shall terminate any
Contract with a Contractor or Subcontractor that violates any provision of this Policy.
8
c. Protections for Whistleblowers. In accordance with 41 U.S.C. § 4712, the Unit shall not
discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing
to any of the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal contract or grant, a
gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of a
contract) or grant: (i) a member of Congress or a representative of a committee of Congress;
(ii) an Inspector General; (iii) the Government Accountability Office; (iv) a Treasury or
other federal agency employee responsible for grant oversight or management; (v) an
authorized official of the Department of Justice or other law enforcement agency; (vi) a
court or grand jury; of (vii) a management official or other employee of the Unit, a
Contractor, or Subcontractor who has the responsibility to investigate, discover, or address
misconduct.
* * * * * * * * *
Adopted this the [___] day of [_____], [______].
A-1
EXHIBIT A
Examples
Potential Examples of a “Financial or Other
Interest” in a Firm or Organization Considered
for a Contract or Subaward
Potential Examples of a “Tangible Personal
Benefit” From a Firm or Organization
Considered for a Contract or Subaward
Direct or indirect equity interest in a firm or
organization considered for a Contract or
Subaward, which may include:
- Stock in a corporation.
- Membership interest in a limited liability
company.
- Partnership interest in a general or limited
partnership.
- Any right to control the firm or
organization’s affairs. For example, a
controlling equity interest in an entity that
controls or has the right to control a firm
considered for a contract.
- Option to purchase any equity interest in a
firm or organization.
Opportunity to be employed by the firm considered
for a contract, an affiliate of that firm, or any other
firm with a relationship with the firm considered
for a Contract.
A position as a director or officer of the firm or
organization, even if uncompensated.
Holder of any debt owed by a firm considered for
a Contract or Subaward, which may include:
- Secured debt (e.g., debt backed by an asset
of the firm (like a firm’s building or
equipment))
- Unsecured debt (e.g., a promissory note
evidencing a promise to repay a loan).
o Holder of a judgment against the
firm.
A referral of business from a firm considered for a
Contract or Subaward.
Supplier or contractor to a firm or organization
considered for a Contract or Subaward.
Political or social influence (e.g., a promise of
appointment to an local office or position on a
public board or private board).
B-1
EXHIBIT B
COMPLIANCE CHECKLIST FOR OVERSIGHT OF CONTRACT CONFLICTS OF INTEREST
The Town of Hillsborough (“Unit”) has adopted a Conflict of Interest Policy (“Policy”) that governs the Unit’s expenditure of Federal
Financial Assistance (as defined in Section II of the Policy). The Policy designates the Finance Director as the “COI Point of Contact.” The Policy
requires the COI Point of Contact to complete this Compliance Checklist to identify potential real or apparent conflicts of interest in connection with
proposed Contracts (as defined in Section II) and file the Checklist in the records of the Unit.
Instructions for Completion
1. The COI Point of Contact shall complete Steps 1 through 5 of the Checklist below.
2. If the value of the proposed Contract exceeds $250,000, the COI Point of Contact shall collect a Conflict of Interest Disclosure Form from
each Covered Individual.
3. If the COI Point of Contact identifies a potential real or apparent conflict of interest after completing this Compliance Checklist, the COI
Point of Contact shall report such potential conflict of interest to Town Manager and to each member of the Governing Board.
Definitions.
1. Covered Individual. Each person identified in Section 1 of this Checklist is a “Covered Individual” for purposes of this Compliance
Checklist and the Policy.
2. Immediate Family Member means, with respect to any Covered Individual, (i) a spouse, and parents thereof, (ii) a child, and parent thereof,
(iii) a parent, and spouse thereof, (iv) a sibling, and spouse thereof, (v) a grandparent and grandchild, and spouses thereof, (vi) domestic
partners and parents thereof, including domestic partners of any individual in (ii) through (v) of this definition; and (vii) any individual
related by blood or affinity whose close association with the Covered Individual is the equivalent of a family relationship.
3. Related Party means (i) an Immediate Family Member of a Covered Individual, (ii) a partner of a Covered Individual, or (iii) a current or
potential employer (other than the Unit) of a Covered Individual, of a partner of a Covered Individual, or of an Immediate Family Member
of a Covered Individual.
B-2
Step
1 Identify the proposed Contract,
counterparty, and the subject of
the Contract.
Name of Contract:
___________________________________________________________
Name of Counterparty
____________________________________________________________
Subject of Contract:
___________________________________________________________
2 Identify all individuals involved in the selection, award, or administration of the Contract. These individuals are “Covered
Individuals”. Ensure that each Covered Individual has been provided with a copy of the Conflict of Interest Policy.
Public Officials Employees Agents
3 Identify whether any Covered Individual has a (i) financial or other interest in, or (ii) tangible personal benefit from the firm
considered for a Contract. [If the estimated Contract amount exceeds $250,000, ensure that each Covered Individual files a
Conflict of Interest Disclosure Form with the COI Point of Contact.]
Any identified
interest in Step 3 is
a potential “real”
conflict of interest.
Public Officials Employees Agents
4 Identify whether any Related Party has a (i) financial or other interest in or (ii) tangible personal benefit from the firm
considered from a Contract. If the estimated Contract amount exceeds $250,000, ensure that each Covered Individual files a
Conflict of Interest Disclosure Form with the COI Point of Contact.
Any identified
interest in Step 4 is
a potential “real”
conflict of interest.
Public Officials – Related Party Employees – Related Party Agents – Related Party
B-3
5 Identify whether a reasonable person with knowledge of the relevant facts would find that an existing situation or
relationship creates the appearance that a Covered Individual or any Related Party has a financial or other interest in or a
tangible personal benefit from a firm considered for a Contract? If yes, explain.
Any identified
interest in Step 5 is
a potential
“apparent” conflict
of interest.
Public Officials Employees Agents
COI Point of Contact: ______________________________
Signature of COI Point of Contact: ______________________________
Date of Completion: ______________________________
C-1
EXHIBIT C
CONTRACT CONFLICT OF INTEREST DISCLOSURE FORM
FOR OFFICIALS, EMPLOYEES, AND AGENTS
The Town of Hillsborough (“Unit”) has adopted a Conflict of Interest Policy (“Policy”) that
governs the Unit’s expenditure of Federal Financial Assistance (as defined in Section II of the Policy). The
Policy designates the Finance Director as the “COI Point of Contact.”
The COI Point of Contact has identified you as an official, employee, or agent of the Unit that may
be involved in the selection, award, or administration of the following contract:
_________________________________ (the “Contract”). To safeguard the Unit’s expenditure of Federal
Financial Assistance, the COI Point of Contact has requested that you identify any potential real or apparent
conflicts of interest in the Firm considered for the award of a Contract. Using the Exhibit A to the Policy
as a guide, please answer the following questions:
1. Do you have a financial or other interest in a firm considered for this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
2. Will you receive any tangible personal benefit from a firm considered for this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
3. For purposes of Question 3(a) and 3(b), your “Immediate Family Members” include: (i) your spouse
and their parents, (ii) your child, (iii) your parent and any spouse of your parent, (iv) your sibling and
any spouse of your sibling, (v) your grandparents or grandchildren, and the spouses of each, (vi) any
domestic partner of any individual in (ii) through (v) of this definition; and (vii) any individual related
by blood or affinity whose close association with you is the equivalent of a family relationship.
a. Do you have an Immediate Family Member with a financial or other interest in a
firm considered for this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
C-2
b. Do you have an Immediate Family Member that will receive a tangible personal
benefit from a firm considered for this Contract?
Yes ______ No _______ Unsure: _______
4. Do you have any other partner with a financial or other interest in a firm considered for this
Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
5. Will any other partner of yours receive any tangible personal benefit from a firm considered for
this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
6. Does your current or potential employer (other than the Unit) have a financial or other interest in a
firm considered for this Contract or will such current or potential employer receive a tangible
personal benefit from this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
7. Benefits to Employers
a. Does a current or potential employer (other than the Unit) of any of your Immediate Family
Members have a financial or other interest in a firm considered for this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
b. Will a current or potential employer (other than the Unit) of any of your Immediate Family
Members receive a tangible personal benefit from this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
C-3
_________________________________________________________________
c. Does a current or potential employer (other than the Unit) of any partner of yours have a
financial or other interest in a firm considered for this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
d. Will a current or potential employer (other than the Unit) of any partner of yours receive a
tangible personal benefit from this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
8. Does any existing situation or relationship create the appearance that you have a financial or other
interest in a firm considered for this Contract or will receive a tangible personal benefit from a firm
considered for this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
9. Does any existing situation or relationship create the appearance that any Immediate Family
Member of yours has a financial or other interest in a firm considered for this Contract or will
receive a tangible personal benefit from a firm considered for this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
10. Does any existing situation or relationship create the appearance that your current or potential
employer (other than the Unit) has a financial or other interest in a firm considered for this Contract
or will receive a tangible personal benefit from a firm considered for this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
11. Does any existing situation or relationship create the appearance that any current or potential
employer (other than the Unit) of any of your Immediate Family Members has a financial or other
C-4
interest in a firm considered for this Contract or will receive a tangible personal benefit from a firm
considered for this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
12. Does any existing situation or relationship create the appearance that any current or potential
employer (other than the Unit) of any other partner has a financial or other interest in a firm
considered for this Contract or will receive a tangible personal benefit from a firm considered for
this Contract?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
* * * * * * * * *
Sign Name: ______________________________
Print Name: ______________________________
Name of Employer ______________________________
Job Title: ______________________________
Date of Completion: ______________________________
* * * * * * * * *
D-5
EXHIBIT D
COMPLIANCE CHECKLIST FOR SUBAWARD OVERSIGHT
The Town of Hillsborough (“Unit”) has adopted a Conflict of Interest Policy (“Policy”) that governs the Unit’s expenditure of Federal
Financial Assistance (as defined in Section II of the Policy). The Policy designates the Finance Director as the “COI Point of Contact.” The Policy
requires the COI Point of Contact to complete this Compliance Checklist to identify potential real or apparent conflicts of interest in connection with
proposed Subawards (as defined in Section II) and file the Checklist in the records of the Unit.
Instructions for Completion
1. The COI Point of Contact shall complete Steps 1 through 5 of the Checklist below.
2. If the value of the proposed Subaward exceeds $250,000, the COI Point of Contact shall collect a Conflict of Interest Disclosure Form from
each Covered Individual.
3. If the COI Point of Contact identifies a potential real or apparent conflict of interest after completing this Compliance Checklist, the COI
Point of Contact shall report such potential conflict of interest to Town Manager and to each member of the Governing Board.
Definitions.
1. Covered Individual. Each person identified in Section 1 of this Checklist is a “Covered Individual” for purposes of this Compliance
Checklist and the Policy.
2. Immediate Family Member means, with respect to any Covered Individual, (i) a spouse, and parents thereof, (ii) a child, and parent thereof,
(iii) a parent, and spouse thereof, (iv) a sibling, and spouse thereof, (v) a grandparent and grandchild, and spouses thereof, (vi) domestic
partners and parents thereof, including domestic partners of any individual in (ii) through (v) of this definition; and (vii) any individual
related by blood or affinity whose close association with the Covered Individual is the equivalent of a family relationship.
3. Related Party means (i) an Immediate Family Member of a Covered Individual, (ii) a partner of a Covered Individual, or (iii) a current or
potential employer (other than the Unit) of a Covered Individual, of a partner of a Covered Individual, or of an Immediate Family Member
of a Covered Individual.
D-6
Step
1 Identify the proposed Subaward,
Subrecipient, and the subject of
the Subaward.
Name of Contract:
___________________________________________________________
Name of Counterparty
____________________________________________________________
Subject of Subaward:
___________________________________________________________
2 Identify all individuals involved in the selection, award, or administration of the Subaward. These individuals are “Covered
Individuals”. Ensure that each Covered Individual has been provided with a copy of the Conflict of Interest Policy.
Public Officials Employees Agents
3 Identify whether any Covered Individual has a (i) financial or other interest in, or (ii) tangible personal benefit from the firm
considered for a Subaward. [If the estimated Subaward amount exceeds $100,000, ensure that each Covered Individual files
a Conflict of Interest Disclosure Form with the COI Point of Contact.]
Any identified
interest in Step 3 is
a potential “real”
conflict of interest.
Public Officials Employees Agents
4 Identify whether any Related Party has a (i) financial or other interest in or (ii) tangible personal benefit from the firm
considered from a Subaward. If the estimated Subaward amount exceeds $100,000, ensure that each Covered Individual
files a Conflict of Interest Disclosure Form with the COI Point of Contact.]
Any identified
interest in Step 4 is
a potential “real”
conflict of interest.
Public Officials – Related Party Employees – Related Party Agents – Related Party
D-7
5 Identify whether a reasonable person with knowledge of the relevant facts would find that an existing situation or
relationship creates the appearance that a Covered Individual or any Related Party has a financial or other interest in or a
tangible personal benefit from a firm considered for a Subaward? If yes, explain.
Any identified
interest in Step 5 is
a potential
“apparent” conflict
of interest.
Public Officials Employees Agents
COI Point of Contact: ______________________________
Signature of COI Point of Contact: ______________________________
Date of Completion: ______________________________
E-8
EXHIBIT E
SUBAWARD CONFLICT OF INTEREST DISCLOSURE FORM
FOR OFFICIALS, EMPLOYEES, AND AGENTS
The Town of Hillsborough (“Unit”) has adopted a Conflict of Interest Policy (“Policy”) that
governs the Unit’s expenditure of Federal Financial Assistance (as defined in Section II of the Policy). The
Policy designates the Finance Director as the COI Point of Contact.
The COI Point of Contact has identified you as an official, employee, or agent of the Unit that may
be involved in the selection, award, or administration of the following subaward:
_________________________________ (the “Subaward”). To safeguard the Unit’s expenditure of
Federal Financial Assistance, the COI Point of Contact has requested that you identify any potential real or
apparent conflicts of interest in the Firm considered for the award of a Subaward. Using the Exhibit A to
the Policy as a guide, please answer the following questions:
1. Do you have a financial or other interest in a firm considered for this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
2. Will you receive any tangible personal benefit from a firm considered for this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
3. For purposes of Question 3(a) and 3(b), your “Immediate Family Members” include: (i) your spouse
and their parents, (ii) your child, (iii) your parent and any spouse of your parent, (iv) your sibling and
any spouse of your sibling, (v) your grandparents or grandchildren, and the spouses of each, (vi) any
domestic partner of any individual in (ii) through (v) of this definition; and (vii) any individual related
by blood or affinity whose close association with you is the equivalent of a family relationship.
a. Do you have an Immediate Family Member with a financial or other interest in a
firm considered for this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
E-9
b. Do you have an Immediate Family Member that will receive a tangible personal
benefit from a firm considered for this Subaward?
Yes ______ No _______ Unsure: _______
4. Do you have any other partner with a financial or other interest in a firm considered for this
Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
5. Will any other partner of yours receive any tangible personal benefit from a firm considered for
this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
6. Does your current or potential employer (other than the Unit) have a financial or other interest in a
firm considered for this Subaward or will such current or potential employer receive a tangible
personal benefit from this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
7. Benefits to Employers
a. Does a current or potential employer (other than the Unit) of any of your Immediate Family
Members have a financial or other interest in a firm considered for this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
b. Will a current or potential employer (other than the Unit) of any of your Immediate Family
Members receive a tangible personal benefit from this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
E-10
_________________________________________________________________
c. Does a current or potential employer (other than the Unit) of any partner of yours have a
financial or other interest in a firm considered for this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
d. Will a current or potential employer (other than the Unit) of any partner of yours receive a
tangible personal benefit from this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
8. Does any existing situation or relationship create the appearance that you have a financial or other
interest in a firm considered for this Subaward or will receive a tangible personal benefit from a
firm considered for this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
9. Does any existing situation or relationship create the appearance that any Immediate Family
Member of yours has a financial or other interest in a firm considered for this Subaward or will
receive a tangible personal benefit from a firm considered for this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
10. Does any existing situation or relationship create the appearance that your current or potential
employer (other than the Unit) has a financial or other interest in a firm considered for this
Subaward or will receive a tangible personal benefit from a firm considered for this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
11. Does any existing situation or relationship create the appearance that any current or potential
employer (other than the Unit) of any of your Immediate Family Members has a financial or other
E-11
interest in a firm considered for this Subaward or will receive a tangible personal benefit from a
firm considered for this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
12. Does any existing situation or relationship create the appearance that any current or potential
employer (other than the Unit) of any other partner has a financial or other interest in a firm
considered for this Subaward or will receive a tangible personal benefit from a firm considered for
this Subaward?
Yes ______ No _______ Unsure: _______
If the answer is Yes or Unsure, please explain:
_________________________________________________________________
* * * * * * * * *
Sign Name: ______________________________
Print Name: ______________________________
Name of Employer ______________________________
Job Title: ______________________________
Date of Completion: ______________________________
* * * * * * * * *
POLICY FOR PROPERTY MANAGEMENT REALTED TO THE EXPENDITURE OF AMERICAN RESCUE
PLAN ACT CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS BY NORTH CAROLINA
LOCAL GOVERNMENTS
WHEREAS the Town of Hillsborough, has received an allocation of funds from the Coronavirus
State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021
(ARP/CSLFRF); and
WHEREAS the funds may be used for projects within these categories, to the extent authorized
by state law.
1. Support COVID-19 public health expenditures, by funding COVID-19 mitigation and
prevention efforts, medical expenses, behavioral healthcare, preventing and
responding to violence, and certain public health and safety staff;
2. Address negative economic impacts caused by the public health emergency, including
economic harms to households, small businesses, non-profits, impacted industries,
and the public sector;
3. Replace lost public sector revenue, using this funding to provide government services
to the extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who
have borne and will bear the greatest health risks because of their service in critical
infrastructure sectors; and,
5. Invest in water, sewer, and broadband infrastructure, making necessary investments
to improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet; and
WHEREAS the ARP/CSLFRF are subject to the provisions of the federal Uniform Grant Guidance,
2 CFR Sect. 200 (UG), as provided in the Assistance Listing; and
WHEREAS the Compliance and Reporting Guidance for the State and Local Fiscal Recovery
Funds (v3.0 February 2022) provides, in relevant part:
Equipment and Real Property Management. Any purchase of equipment or real
property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part
200, Subpart D. Equipment and real property acquired under this program must be used
for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313,
any equipment or real property acquired using SLFRF funds shall vest in the non-Federal
entity. Any acquisition and maintenance of equipment or real property must also be in
compliance with relevant laws and regulations.
WHEREAS Subpart D of the UG dictates title, use, management, and disposal of real property,
equipment, and supplies acquired in whole or in part with ARP/CSLFRF funds;
BE IT RESOLVED that the governing board of Town of Hillsborough hereby adopts and enacts
the following UG Property Management Policy for the expenditure of ARP/CSLFRF funds.
Property Standards for Real Property, Equipment, and Supplies Acquired with American
Rescue Plan Act of 2021 Coronavirus State and Local Fiscal Recovery Funds
I. POLICY OVERVIEW
Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, commonly called Uniform Guidance
(UG), specifically Subpart D, details post award requirements related to property management
of property acquired or updated, in whole or in part, with funds from the Coronavirus State and
Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF).
2 CFR 200.311 through 2 CFR 200.316 detail property standards related to the expenditure of
ARP/CLSFRF funds. The Town of Hillsborough, hereinafter Town shall adhere to all applicable
property standards, as detailed below.
II. DEFINITIONS
The definitions in 2 CFR 200.1 apply to this policy, including the following:
Computing devices: machines used to acquire, store, analyze, process, and publish data
and other information electronically, including accessories (or “peripherals”) for
printing, transmitting and receiving, or storing electronic information. See also the
definitions of supplies and information technology systems in this section.
Equipment: tangible personal property (including information technology systems)
having a useful life of more than one year and a per-unit acquisition cost which equals
or exceeds the lesser of the capitalization level established by the Town for financial
statement purposes, or $5,000.
Information technology systems: computing devices, ancillary equipment, software,
firmware, and similar procedures, services (including support services), and related
resources. See also the definitions of computing devices and equipment in this section.
Intangible property: property having no physical existence, such as trademarks,
copyrights, patents and patent applications and property, such as loans, notes and other
debt instruments, lease agreements, stock and other instruments of property ownership
(whether the property is tangible or intangible).
Personal property: property other than real property. It may be tangible, having
physical existence, or intangible.
Property: real property or personal property.
Real property: land, including land improvements, structures and appurtenances
thereto, but excludes moveable machinery and equipment.
Supplies: all tangible personal property other than those described in the definition
of equipment in this section. A computing device is a supply if the acquisition cost is less
than the lesser of the capitalization level established by the local government for
financial statement purposes or $5,000, regardless of the length of its useful life. See
also the definitions of computing devices and equipment in this section.
III. REAL PROPERTY
Title to Real Property: Title to real property acquired or improved with ARP/CSLFRF funds vests
with the Town. 2 CFR 200.311(a).
Use of Real Property: Real property acquired or improved with ARP/CSLFRF funds must be used
for the originally authorized purpose as long as needed for that purpose, during which time the
Town must not dispose of or encumber its title or other interests. 2 CFR 200.311(b).
Insurance of Real Property: The Town must provide the equivalent insurance coverage for real
property acquired or improved with ARP/CSLFRF funds as provided to property owned by the
Town. 2 CFR 200.310.
Disposition of Real Property: When the Town no longer needs real property purchased with
ARP/CSLFRF for ARP/CSLFRF purposes, the Town must obtain disposition instructions from US
Treasury. The instructions must provide for one of the following alternatives:
1. The Town retains title after compensating US Treasury. The amount paid to US Treasury
will be computed by applying US Treasury’s percentage of participation in the cost of
the original purchase (and costs of any improvements) to the fair market value of the
property. However, in those situations where the Town is disposing of real property
acquired or improved with ARP/CSLFRF funds and acquiring replacement real property
under the ARP/CSLFRF, the net proceeds from the disposition may be used as an offset
to the cost of the replacement property.
2. The Town sells the property and compensates US Treasury. The amount due to US
Treasury will be calculated by applying US Treasury’s percentage of participation in the
cost of the original purchase (and cost of any improvements) to the proceeds of the sale
after deduction of any actual and reasonable selling and fixing-up expenses. If the
ARP/CSLFRF award has not been closed out, the net proceeds from sale may be offset
against the original cost of the property. When the Town is directed to sell property,
sales procedures must be followed that provide for competition to the extent
practicable and result in the highest possible return.
3. The Town transfers title to US Treasury or to a third party designated/approved by US
Treasury. The Town is entitled to be paid an amount calculated by applying the Town’s
percentage of participation in the purchase of the real property (and cost of any
improvements) to the current fair market value of the property. 2 CFR 200.311(c).
IV. EQUIPMENT
Title to Equipment: Title to equipment acquired or improved with ARP/CSLFRF funds vests with
the Town. 2 CFR 200.313(a).
Use of Equipment: The Town must use equipment acquired with ARP/CSLFRF funds for the
project for which it was acquired as long as needed, whether or not the project continues to be
supported by the ARP/CSLFRF award, and the Town must not encumber the property without
prior approval of US Treasury. 2 CFR 200.313(a)(1)-(2).
When no longer needed for the original project, the equipment may be used in other activities
supported by a Federal awarding agency, in the following order of priority:
1. Activities under a Federal award from the Federal awarding agency which funded
the original project, then
2. Activities under Federal awards from other Federal awarding agencies. This includes
consolidated equipment for information technology systems. 2 CFR 200.313(c)(1).
During the time that equipment is used on the project for which it was acquired, the Town must
also make equipment available for use on other projects or programs currently or previously
supported by the Federal Government, provided that such use will not interfere with the work
on the project for which it was originally acquired. First preference for other use must be given
to other programs or projects supported by US Treasury and second preference must be given
to programs or projects under Federal awards from other Federal awarding agencies. Use for
non-federally-funded programs or projects is also permissible. User fees should be considered if
appropriate. 2 CFR 200.313(c)(2).
Noncompetition: The Town must not use equipment acquired with the ARP/CSLFRF funds to
provide services for a fee that is less than private companies charge for equivalent services
unless specifically authorized by Federal statute for as long as the Federal Government retains
an interest in the equipment. 2 CFR 200.313(c)(3).
Replacement Equipment: When acquiring replacement equipment, the Town may use the
equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the
cost of the replacement property. 2 CFR 200.313(c)(4).
Management of Equipment: The Town will manage equipment (including replacement
equipment) acquired in whole or in part with ARP/CSLFRF funds according to the following
requirements.
1. The Town will maintain sufficient records that include
a) a description of the property,
b) a serial number or other identification number,
c) the source of funding for the property (including the Federal Award Identification
Number (FAIN)),
d) who holds title,
e) the acquisition date,
f) cost of the property,
g) percentage of Federal participation in the project costs for the Federal award under
which the property was acquired,
h) the location, use and condition of the property, and
i) any ultimate disposition data including the date of disposal and sale price of the
property.
2. The Town will conduct a physical inventory of the property and reconcile results with its
property records at least once every two years.
3. The Town will develop a control system to ensure adequate safeguards to prevent loss,
damage, or theft of the property. Any loss, damage, or theft will be investigated by the
Town.
4. The Town will develop and implement adequate maintenance procedures to keep the
property in good condition.
5. If the Town is authorized or required to sell the property, it will establish proper sales
procedures to ensure the highest possible return, in accordance with state and federal
law.
Insurance of Equipment: The Town must provide the equivalent insurance coverage for
equipment acquired or improved with ARP/CSLFRF funds as provided to property owned by the
Town. 2 CFR 200.310.
Disposition of Equipment: When the equipment is no longer needed for its original ARP/CSLFRF
purpose, the Town may either make the equipment available for use in other activities funded
by a Federal agency, with priority given to activities funded by US Treasury, dispose of the
equipment according to instructions from US Treasury, or follow the procedures below. 2 CFR
200.313(e).
1. Equipment with a per-item fair market value of less than $5,000 may be retained, sold
or transferred by the Town, in accordance with state law, with no additional
responsibility to US Treasury;
2. If no disposal instructions are received from US Treasury, equipment with a per-item fair
market value of greater than $5,000 may be retained or sold by the Town. The Town
must establish proper sales procedures, in accordance with state law, to ensure the
highest possible return. The Town must reimburse US Treasury for its federal share.
Specifically, US Treasury is entitled to an amount calculated by multiplying the current
market value or proceeds from sale by the ARP/CSLFRF funding percentage of
participation in the cost of the original purchase. If the equipment is sold, US Treasury
may permit the Town to deduct and retain from the Federal share $500 or ten percent
of the proceeds, whichever is less, for its selling and handling expenses.
3. Equipment may be transferred to US Treasury or to a third-party designated by US
Treasury in return for compensation to the Town for its attributable compensation for
its attributable percentage of the current fair market value of the property.
V. SUPPLIES
Title to Supplies. Title to supplies acquired with ARP/CSLFRF funds vests with the Town upon
acquisition. 2 CFR 200.314(a).
Use and Disposition of Supplies: If there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the ARP/CSLFRF project and
the supplies are not needed for any other Federal award, the Town must retain the supplies for
use on other activities or sell them, but must, in either case, compensate the Federal
Government for its share. The amount of compensation must be computed in the same manner
as for equipment. 2 CFR 200.314(a).
Noncompetition. As long as the Federal Government retains an interest in the supplies, the
Town must not use supplies acquired under the ARP/CSLFRF to provide services to other
organizations for a fee that is less than private companies charge for equivalent services, unless
specifically authorized by Federal statute. 2 CFR 200.314(b).
VI. PROPERTY TRUST RELATIONSHIP
Real property, equipment, and intangible property, that are acquired or improved with
ARP/CSLFRF funds must be held in trust by the Town as trustee for the beneficiaries of the
project or program under which the property was acquired or improved. US Treasury may
require the Town to record liens or other appropriate notices of record to indicate that
personal or real property has been acquired or improved with a Federal award and that use and
disposition conditions apply to the property. 2 CFR 200.316.
VII. IMPLEMENTATION OF POLICY
Finance Director shall adopt procedures to track all real property, equipment, and supplies
(collectively, property) acquired or improved in whole or in part with ARP/CLSFRF funds. At a
minimum, those procedures must address the following:
• Ensure proper insurance of property
• Document proper use of property
• Working with Finance Director, record and maintain required data records for
equipment
• Conduct periodic inventories of equipment, at least every two years
• Create processes for replacement and disposition of property
• Establish other internal controls to safeguard and properly maintain property
AGENDA ABSTRACT | 1 of 2
Agenda Abstract
BOARD OF COMMISSIONERS
Meeting date: June 27, 2022
Department: Utilities
Public hearing: No
Date of public hearing: N/A
PRESENTER/INFORMATION CONTACT
Utilities Director K. Marie Strandwitz, PE
ITEM TO BE CONSIDERED
Subject: Ordinance Revising Section 14-13(a) and 14-16 of Town Code Regarding Billing and Prohibited Activities
Attachments:
1. Code 14-13(a) and 14-16 markup language for reference
2. Draft Ordinance containing code, fee and civil penalty changes
Brief summary:
In June 2020, the Finance Director at the time brought to the board language to delete tampering related fees
perhaps due to a misunderstood state statute interpretation during a UNC School of Government presentation.
Since this time several customers have tampered with meters and several people have illegally connected to
hydrants. The town has had no recourse to deter these very serious situations through fees and penalties. The
matter of being able to charge fees and penalties for tampering and water theft has been revisited. It is of the
town attorney’s opinion that the state statute regarding meter tampering for which it was previously believed
superseded town authority to charge same does not preclude the town from charging fees and civil penalties for
tampering and water theft. The attached code revisions seek to re-establish tampering fees and adds civil penalties
to deter this behavior which is dangerous to the public water supply and simply wrong.
Action requested:
Consider and adopt code changes.
ISSUE OVERVIEW
Background information and issue summary:
As above. The finance department staff provided input on these changes. Note that the town only previously
referenced tampering fees. The tampering fee was established in the fee schedule. The fee was tripled for
tampering with a hydrant. This version of the code adds a tampering fee and a civil penalty. This is how some other
municipalities, like Raleigh, have their tampering and theft language structured. Others have a fee and penalty per
day of offense. This would be cumbersome to track over a higher one-time flat fee.
Financial impacts:
For clerk’s use
AGENDA ITEM:
3.E
Consent
agenda
Regular
agenda
Closed
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AGENDA ABSTRACT | 2 of 2
The financial impact is more of a deterrent to customers and outside contractors tampering or stealing water and
is not meant to be any dependable revenue source. The main impact will be to customers and other persons who
tamper with or steal water from the town. The town may have to turn the collection over to an agency on some
who fail to pay. The prior fees charged were:
Meter Tampering Fee
Water Meter $250.00 ; subsequent events $1,000.00/occ.
Fire Hydrant $750.00 ; subsequent events $3,000.00/occ.
Direct Connect $1,000.00 ; subsequent events up to $5,000.00/occ.
Staff recommendation and comments:
As above under Action requested.
Created: 2022-03-23 09:59:20 [EST]
(Supp. No. 44)
Page 1 of 2
Redline Proposed Markups
Sec. 14-13. Bills.
(a) (a) Bills shall be mailed out at the beginning of each month and will become delinquent if not paid
by the bill due date, which will be no sooner than two weeks after the bill is mailed date stated on the
bill, typically the 25th of each month.
(1) A late penalty charge will be assessed on the penalty date for all delinquent accounts.
(2) If the bill is not paid in full or otherwise resolved by the close of the business day on the disconnect
date, the meter will be turned off and locked. There will also be a delinquency fee (refer to the
town's fees, rates, and charges schedule) added to the account.
(3) Service will be reconnected when the current bill, past due bills, late penalty and delinquency fee
aretotal balance due is paid in full.
(4) Termination of service for non-payment will not take place on Friday or the day before a holiday.
(5) If any tampering to the meter or service connection occurs, the meter will be locked, and a
tampering fee and civil penalty will be assessed per Section 14-16(a)(6). and sService will not be
reconnected until all delinquent fees are paid in full or a payment arrangement is approved.
(6) Repeated tampering will result in removal of the meter, also incurring additional fees to reset and
reactivate it, and potential civil or criminal charges.
Sec. 14-16. Prohibited activities.
(a) No unauthorized person may:
(1) Supply or sell water from the town system to other persons or carry away water from any hydrant,
public water fountain, or other such public outlet without specific authorization from the town;town.
(2) Manipulate, tamper with, bypass, obstruct, alter, or harm in any manner whatsoever any waterline,
sewer line, main, or appurtenance or any other part of the water or sewer system including, but not
limited to, any testing or inspection device used to measure the character or concentration of wastes
discharged into the sanitary sewer system;system.
(3) Tamper with, bypass, obstruct or alter with the water meter so as tothat results in altering the true
reading for the amount of water consumed, affix personal monitoring devices to the water meter
which may inhibit access or remote reading of the meter or turn on a water meter that has been
turned off by the town for failure to pay a bill;
(4) Attach or cause to be attached any connection to the waterline before the water meter or between the
water meter and a backflow prevention device that is an unprotected cross-connection hazard.
(5) Knowingly make any false statement, representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained under this chapter.
(6) Use of water from the town system without written permission from the town. A water system
tampering fee and civil penalty will be charged as below in addition to estimated water taken without
payment. Failure to pay will result in a civil action to collect the debt and may result in referral for
criminal prosecution.
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Created: 2022-03-23 09:59:20 [EST]
(Supp. No. 44)
Page 2 of 2
(i) A meter tampering fee of $350 shall be charged along with a civil penalty of $500, of which the
civil penalty shall be doubled for any future offenses within a two-year period.
(ii) A hydrant tampering fee of $500 will be charged along with a civil penalty of $3000, of which the
civil penalty shall be doubled for any future offenses by the same Person.
ORDINANCE
Amending Chapter 14, Section 14-13(a) and 14-16, Bills and
Prohibited Activities
WHEREAS, the Town of Hillsborough, a North Carolina municipal corporation (the “Town”) has a duly adopted Town
Code of Ordinances (the “Code”); and
WHEREAS, Chapter 14 of the Code establishes regulations related to water and sewer services provided by the Town;
and
WHEREAS, Sections 14-13(a) and 14-16 includes billing stipulations and prohibited activities and provisions allowing
penalties for tampering with the Town-owned water or sewer system, including water meters and hydrants, some of
which provisions were previously believed to be superseded by State law; and
WHEREAS, on June 29, 2020, the code was modified to remove tampering fees which have since been found to be
allowable in the opinion of the town’s legal staff; and,
WHEREAS, the Code is being amended to return language allowing tampering fees and civil penalties for tampering
with the water system, including water meters or hydrants amongst other water theft instances.
NOW, THEREFORE, the Hillsborough Board of Commissioners ordains:
Section 1. Section 14-13(a) is hereby struck in its entirety and replaced with the following:
(a) Bills shall be mailed out at the beginning of each month and will become delinquent if not
paid by the date stated on the bill, typically the 25th of each month.
(1) A late penalty charge will be assessed on the penalty date for all delinquent accounts.
(2) If the bill is not paid in full or otherwise resolved by the close of the business day on the
disconnect date, the meter will be turned off and locked. There will also be a delinquency
fee (refer to the town's fees, rates, and charges schedule) added to the account.
(3) Service will be reconnected when the total balance due is paid in full.
(4) Termination of service for non-payment will not take place on Friday or the day before a
holiday.
(5) If any tampering to the meter or service connection occurs, the meter will be locked, and
a tampering fee and civil penalty will be assessed per Section 14-16(a)(6). Service will not
be reconnected until all fees are paid in full.
(6) Repeated tampering will result in removal of the meter, also incurring additional fees to
reset and reactivate it, and potential civil or criminal charges.
Section 2. Section 14-16 is struck in its entirety and replaced with the following:
(a) No unauthorized person may:
(1) Supply or sell water from the town system to other persons or carry away water
from any hydrant, public water fountain, or other such public outlet without
specific authorization from the town.
(2) Manipulate, tamper with, bypass, obstruct, alter, or harm in any manner
whatsoever any waterline, sewer line, main, or appurtenance or any other part of
the water or sewer system including, but not limited to, any testing or inspection
device used to measure the character or concentration of wastes discharged into
the sanitary sewer system.
(3) Tamper with, bypass, obstruct or alter the water meter that results in altering the
true reading of water consumed, affix personal monitoring devices to the water
meter which may inhibit access or remote reading of the meter or turn on a water
meter that has been turned off by the town for failure to pay a bill.
(4) Attach or cause to be attached any connection to the waterline before the water
meter or between the water meter and a backflow prevention device that is an
unprotected cross-connection.
(5) Knowingly make any false statement, representation, or certification in any
application, record, report, plan, or other document filed or required to be
maintained under this chapter.
(6) Use of water from the town system without written permission from the town. A
water system tampering fee and civil penalty will be charged as below in addition
to estimated water taken without payment. Failure to pay will result in a civil
action to collect the debt and may result in referral for criminal prosecution.
(i) A meter tampering fee of $350 shall be charged along with a civil penalty
of $500, of which the civil penalty shall be doubled for any future offenses
within a two-year period.
(ii) A hydrant tampering fee of $500 will be charged along with a civil penalty
of $3000, of which the civil penalty shall be doubled for any future
offenses by the same Person.
Section 3. All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 4. 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
27th day of June in 2022.
Ayes:
Noes:
Absent or excused:
Sarah E. Kimrey, Town Clerk
AGENDA ABSTRACT | 1 of 2
Agenda Abstract
BOARD OF COMMISSIONERS
Meeting date: June 27, 2022
Department: Utilities
Public hearing: No
Date of public hearing: N/A
PRESENTER/INFORMATION CONTACT
Utilities Director K. Marie Strandwitz, PE
ITEM TO BE CONSIDERED
Subject: Ordinance Revising Section 14-71 and Appendix A-1 of Town Code Regarding System Development and
Capital Facilities Fees
Attachments:
1. Markup of proposed changes to 14-71 and Appendix A-1
2. Draft Ordinance containing code changes
Brief summary:
Implement Capital Facilities Fees when System Development Fees (per state statute definitions) do not apply.
Update related to Appendix A-1. Remove waiver of initial account setup fee if a lateral connection and meter are
purchased.
Action requested:
Consider and adopt code changes.
ISSUE OVERVIEW
Background information and issue summary:
In 2017, the result of a homebuilder lawsuit against a local government set precedent for the state legislature to
enact a statute regarding government charges of fees for water and sewer connections. The statute is about
“System Development Fees,” (SDFs) and it defines how they are calculated, when they apply, and when they are
collected.
The town has followed the law and had a consultant develop the “System Development Fees” for the town which
essentially apply to new development or redevelopment which results in adding more demand than before on the
utility system. A UNC School of Government Coates Cannon makes the point that if a project does not fall into the
System Development fee development definition per statute, then it simply means that statute does not apply, and
that a government can establish other fees for these instances under general rate setting authority.
Pertinent examples for which the SDF statute (and fees) would not apply are: 1) existing structures that are not
tapped to our system and decide to tap if it can be accommodated (e.g., we cannot force out of town parcels to
connect to the system even though water or sewer may front their parcel); and, 2) vacant parcels that used to have
a mobile home or since demolished small home that had prior water and/or service connection. The prior service
connection was also likely made before establishment of what we formerly called (and still in code) “Capital
For clerk’s use
AGENDA ITEM:
3.F
Consent
agenda
Regular
agenda
Closed
session
AGENDA ABSTRACT | 2 of 2
Facilities Fees” which were established in early 1990. As such, when someone constructs a new modern home on a
current vacant parcel that had a prior connection established long ago, the project may not fall into the SDF statute
and they do not pay into the system like a new development, even though it is a new development. They may have
never paid any Capital Facilities Fees if the connection was established prior to 1990.
Thus, due to the increase in redevelopment of vacant parcels with prior old connections and inquiries to connect
previously unconnected homes on well and septic to our system, it is important and fair that all pay into the
system, and that the town charge SDFs when they apply, and Capital Facilities Fees when the SDF statute does not
apply. Since the same principle applies to both situations (i.e., a new user of the system), it is proposed to utilize
the same fees for both and collect them under the same SDF provisions. The town attorney has provided input and
concurrence on this matter.
In revising Appendix A-1 of the code, it was also noted that the code waives the service initiation fee (currently
$20) when a lateral installation fee and meter charge are paid. However, this has not been the practice and we are
no longer making taps with our own forces. It is recommended to remove this waiver for the nominal fee.
Financial impacts:
While there is an increase in redevelopment of vacant parcels with previous connections, the revenue from
proposed capital facilities fees vs system development fees such as for larger new subdivisions and projects will be
much less. Capital facility fee collections will be for single parcels and unpredictable as building permits come in for
new homes. This is more of an equity matter for development projects and to ensure all new users of our system
pay the same fees.
Staff recommendation and comments:
It is important due to continued redevelopment to get the fees established and so they can be presented in the
updated fee schedule with the budget. However, there will be more code updates related to addressing all sections
referencing capital facilities fees in the future.
Redline Markup of Section 14-71
Sec. 14-71. Payment of system development and capital facilities fees.
(a) (a) Except as otherwise provided in subsections (b) and (c) of this section, where the town's water
and/or sewer system is extended to serve new residential development, the System development fees
or capital facilities fees set forth in the schedule of rates and charges referenced in section 14-9, and in
appendix A to this chapter, shall be paid by the developer or owner of property being developed, or
redeveloped. prior to the construction of such extension. Capital facilities fees for service to all other
property shall be paid no later than the time of application for service.
(i) The System Development Fee shall be applied to new development that connects to the utility
system. New development shall be defined as any of the following: 1) the subdivision of land, 2)
the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or
enlargement of any structure which increases the number of meters or increases the meter size
which began after July 1, 2017.
(ii) The Capital Facilities Fee shall apply to existing development that connects to the system for the
first time, or redevelopment of a parcel, vacant or otherwise, with a prior water or sewer
connection that was in existence before February 12, 1990.
(iii) The collection of the fees shall be in accordance with G.S. 162A-213.
(b) Where a development satisfies the criteria set forth in G.S. 14-61(a)(1), capital facilities fees for that
development may be paid in equal monthly installments over a period not to exceed two years, provided
that such payment is secured by a note and deed of trust or other security instrument deemed satisfactory
by the town. The security required in this section shall be conveyed to the town at the time that payment of
capital facilities fees would be required pursuant to subsection (a) of this section, shall be conveyed by the
owner of and shall encumber the property to be served by the water and/or sewer service for which the fees
are due.
(c) Any person may apply to the town manager for permission to pay capital facilities fees in monthly
installments over a period not to exceed 12 months. If an applicant demonstrates extreme hardship, the
town manager may refer the request to the Board of Commissioners, and the Board of Commissioners may
permit such payment and set the monthly amount and payment period, not to exceed 12 months as the
Board deems appropriate.
(Prior Code, § 14-71; Ord. of 2-12-1990)
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Commented [MS1]: SDF adoption date - 1 year as
allowed by law.
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Commented [MS2]: Capital Facilities Fees code adoption
date
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Commented [MS3]: GS 162A-213:
(a) Land Subdivision. – For new development involving the
subdivision of land, the
system development fee shall be collected by a local
governmental unit at the later of either of
the following:
(1) The time of application for a building permit.
(2) When water or sewer service is committed by the local
governmental unit.
(b) Other New Development. – For all other new
development, the local governmental ...
Formatted: Indent: Left: 0", First line: 0"
Commented [MS4]: This statute does not exist. GS 14-61
is about burning of bridges and buildings.
Commented [MS5]: In my time with the town we have
not been requested to do this and not sure we want to ...
Created: 2022-03-23 09:59:21 [EST]
(Supp. No. 44)
Page 1 of 2
A-1. One-time fees and charges for making water and sewer service available.
Fee Purpose
1. Water System Development
or Capital Facilities
To recover a portion of the capital costs of providing water system facility
capacity. Examples: water lines larger than 8", water pumping stations,
elevated storage tanks, reservoirs, and water treatment plants.
2. Water Front Footage To recover a portion of the costs of installing water mains, hydrants,
valves and appurtenances which are necessary to provide water service
to abutting properties. (See section A-2 for limitation on applicability of
front footage fee).
3. Water Service (Tap) This includes connecting a water lateral to the water main, extending the
lateral to the property line, and placing the meter box. It also includes
any necessary boring under the street pavement or, alternatively, cutting
any curbs, sidewalks or pavement and restoring it afterwards. The town
will make water taps only under extenuating sanitary situations or
otherwise as agreed upon as resources permit. These will be performed
under full cost recovery and the town may require a deposit prior to
performing the work.
4. Water Meter Charge To recover the town's cost of purchasing and installing the water meter
where the meter is larger than ⅝" (standard residential meter).
5. Sewer System Development
or Capital
Facilities
To recover a portion of the capital costs of providing sewer system facility
capacity. Examples: sewer lines larger than 8", outfall and intercepter
sewers off-premises, sewage pump stations, and wastewater treatment
plants.
6. Sewer Front Footage To recover a portion of the costs of installing public sewer mains and
appurtenances which are necessary to provide sewer service to abutting
properties. (See section A-2 for limitation of applicability of front footage
fee.)
7. Sewer Lateral (Tap) This includes connecting a sewer lateral to the sewer main, extending the
lateral to the property line, and placing a cleanout. It may include any
necessary boring under the street pavement or, alternatively, cutting any
curbs, sidewalks or pavement and restoring it afterwards. The town will
make sewer taps only under extenuating sanitary situations or otherwise
as agreed upon as resources permit. These will be performed under full
cost recovery and the town may require a deposit prior to performing the
work.
8. Perpetual Maintenance To cover the cost of operating, maintaining and repairing a sewage
pumping station or lift station which the town allows to be built for a new
property development. The perpetual maintenance fee shall be paid
before the construction of the extension of the town's sewer system with
which the pump station is associated.
9. Service Initiation See section 14-6(c). The service initiation fee shall be waived when the
lateral installation fee and meter charge are paid.
10. Water and/or Sewer
Availability Review
To cover the actual cost of the town's initial determination as to whether
and under what conditions water and/or sewer service can be made
available for proposed extensions to the town's system. This fee may be
waived by the town's administrator where the availability review is brief
and not costly.
Created: 2022-03-23 09:59:21 [EST]
(Supp. No. 44)
Page 2 of 2
11. Engineering Review To cover the cost of the town engineer's review of plans and
specifications for construction of proposed extensions to the town's
water and/or sewer system.
12. Hydrant Flow Test Fee To recover the town's cost of testing the pressure and flow in a water line
at a particular point. When a request is made for such a test by a private
party, the person requesting the test shall be obligated to pay this fee.
(Ord of 6-8-1992; Ord. No. 20161212-8.I, § 1, 12-12-2016; Ord. No. 20220214-7.A, §§ 3, 4, 2-14-2022)
ORDINANCE
Amending Chapter 14, Section 14-71 and Appendix A-1, System
Development and Capital Facilities Fees
The Hillsborough Board of Commissioners ordains:
Section 1. The title of the Section shall read “Payment of system development and capital facilities fees.”
Section 2. Section 14-71(a) is hereby struck in its entirety and replaced with the following:
(a) System development fees or capital facilities fees set forth in the schedule of rates and
charges referenced in section 14-9, and in appendix A to this chapter, shall be paid by
the developer or owner of property being developed, or redeveloped.
(i) The System Development Fee shall be applied to new development that connects
to the utility system. New development shall be defined as any of the following:
1) the subdivision of land, 2) the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation, or enlargement of any structure
which increases the number of meters or increases the meter size which began
after July 1, 2017.
(ii) The Capital Facilities Fee shall apply to existing development that connects to the
system for the first time, or redevelopment of a parcel, vacant or otherwise, with
a prior water or sewer connection that was in existence before February 12, 1990.
(iii) The collection of the fees shall be in accordance with G.S. 162A-213.
Section 3. Section 14-71(b) is hereby deleted.
Section 4. Section 14-71(c) is hereby deleted.
Section 5. Appendix A-1. One-time fees and charges for making water and sewer service available, Item 1 is
to be changed to “Water System Development or Capital Facilities” as the fee title and the
examples under purpose column are to be deleted.
Section 6. Appendix A-1 One-time fees and charges for making water and sewer service available, Item 5
definition is to be changed to “Sewer System Development or Capital Facilities” as the fee title
and the examples under the purpose column are to be deleted.
Section 7. Appendix A-1 One-time fees and charges for making water and sewer service available, Item 9
Service initiation fee is to delete the last sentence of the purpose description and only keep the
words, “See section 14-6(c).”
Section 8. All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 9. 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
27th day of June in 2022.
Ayes:
Noes:
Absent or excused:
Sarah E. Kimrey, Town Clerk
AGENDA ABSTRACT | 1 of 1
Agenda Abstract
BOARD OF COMMISSIONERS
Meeting date: June 27, 2022
Department: Administration
Public hearing: No
Date of public hearing: N/A
PRESENTER/INFORMATION CONTACT
Emily Bradford, Budget Director
ITEM TO BE CONSIDERED
Subject: ARPA Grant Project Ordinance - Water Treatment Plant Paving and Curbing Repair
Attachments:
1. Grant Project Ordinance – American Rescue Plan – WTP Paving & Curbing Repair
2. Budget Changes Report
Brief summary:
The pavement and curbing behind the water treatment plant was not replaced during the last plant upgrade. It has
since deteriorated to the point of causing both operational and environmental issues. Much of the damage is due
to the improved sludge handling procedures implemented in fiscal year 2016. The semitruck traffic driving over
curbing and stormwater inlets has damaged the infrastructure to near failure. Additionally, both chemical delivery
trucks and semitrucks are forced to turn around in the grassy area between the two main buildings. This results in
yard damage, safety hazards, erosion, and the potential of additional infrastructure damage.
Improvements are needed to allow the semitrucks a safe alternative for turning around inside the plant and
stormwater handling. Staff believes that a well designed and constructed driveway could also result in stormwater
nutrient credits to be used in compliance with the Falls Lake Rules.
Action requested:
Approve the use of a portion of the American Rescue Plan Act funds to repair the water treatment plant paving and
curbing.
ISSUE OVERVIEW
Background information and issue summary:
Paving and curbing at the Water Treatment Plant has deteriorated, causing operational and environmental issues.
Financial impacts:
This action would allocate $90,000 of the $2,280,000 of American Rescue Plan Act funds towards the water
treatment plant paving and curbing repair.
Staff recommendation and comments:
Using the American Rescue Plan Act funds on water and sewer projects is a good investment and provides relief to
rate payers, especially those in lower income brackets, and allows the prompt completion of pressing and
unfunded infrastructure projects.
For clerk’s use
AGENDA ITEM:
3.G
Consent
agenda
Regular
agenda
Closed
session
ORDINANCE
Grant Project
American Rescue Plan Act - Water Treatment Plant Paving &
Curbing Repair
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 adopted:
Section 1. This ordinance is a grant project ordinance hereby authorizing paving and curbing repair at the
Water Treatment Plant.
Section 2. Revenues anticipated to be available to the town to complete the project are as follows.
American Rescue Plan $90,000
TOTAL $90,000
Section 3. Amounts appropriated for the project are as follows.
WTP Paving & Curbing Repair $90,000
TOTAL $90,000
Section 4. This ordinance shall be amended in any manner to add additional appropriations, modify or
eliminate existing projects, and/or add a new 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
27th day of June in 2022.
Ayes:
Noes:
Absent or excused:
Sarah E. Kimrey, Town Clerk
UPDATE BUDGET CHANGES
TOWN OF HILLSBOROUGH
FY 2021-2022
ACCOUNT
PRINT ONLY 2021-2022 BUDGET
NUMBER BUDGET CHANGE BUDGET
CURRENT BUDGET AMENDEDCHANGE
DATE
Revenue
77
77-25-3001-3310-008 GRANT - ARPA - WTP
PAVING & CURBING
90,000.00246380.00 90,000.006/27/2022
To establish project
90,000.00Total for 77 0.00 90,000.00
0.00 90,000.00 90,000.00Total for Revenue
Expenditure
77
77-25-3001-5700-783 ARPA - WTP PAVING &
CURBING REPAIR
90,000.00246390.00 90,000.006/27/2022
To establish project
90,000.00Total for 77 0.00 90,000.00
0.00 90,000.00 90,000.00Total for Expenditure
180,000.00Grand Total 0.00 180,000.00
EBRADFORD 2:13:37PM06/22/2022
BPPostBudgetVersion
Page 1 of 1
ARPA
ARPA
AGENDA ABSTRACT | 1 of 1
Agenda Abstract
BOARD OF COMMISSIONERS
Meeting date: June 27, 2022
Department: Administration
Public hearing: No
Date of public hearing: N/A
PRESENTER/INFORMATION CONTACT
Emily Bradford, Budget Director
ITEM TO BE CONSIDERED
Subject: ARPA Grant Project Ordinance - Water Treatment Plant SCADA Update
Attachments:
1. Grant Project Ordinance – American Rescue Plan – WTP SCADA Upate
2. Budget Changes Report
Brief summary:
The PLC installed in 2003 is very good and capable of meeting the needs of water plant filter control. A Human
Machine Interface (HMI) provides staff the ability to see what the PLC is doing or seeing. The existing HMI consists
of a panel of lights and a Supervisory Control and Data Acquisition (SCADA) system. The SCADA system was so
poorly designed that staff has never used the technology. The data acquisition benefit of utilizing historical data
has never been available to the staff. Historical data is critical for operations and maintenance, efficient chemical
use, minimizing power consumption, and reducing process wastewater.
A new computer, software, and an integrator to program a new SCADA system is needed to take full advantage of
the PLC that we already have. Providing staff the ability to simultaneously and instantly observe what is happening
throughout the water plant, and to utilize historical data to make informed decisions will likely improve water
quality and prevent future damage to the filters.
Action requested:
Approve the use of a portion of the American Rescue Plan Act funds to repair the water treatment plant SCADA
update.
ISSUE OVERVIEW
Background information and issue summary:
Update SCADA system to automate backwashing to prevent filter damage.
Financial impacts:
This action would allocate $50,000 of the $2,280,000 of American Rescue Plan Act funds towards the water
treatment plant SCADA update.
Staff recommendation and comments:
Using the American Rescue Plan Act funds on water and sewer projects is a good investment and provides relief to
rate payers, especially those in lower income brackets, and allows the prompt completion of pressing and
unfunded infrastructure projects.
For clerk’s use
AGENDA ITEM:
3.H
Consent
agenda
Regular
agenda
Closed
session
ORDINANCE
Grant Project
American Rescue Plan Act - Water Treatment Plant SCADA
Update
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 adopted:
Section 1. This ordinance is a grant project ordinance hereby authorizing the update of the Water
Treatment Plant’s SCADA system.
Section 2. Revenues anticipated to be available to the town to complete the project are as follows.
American Rescue Plan $50,000
TOTAL $50,000
Section 3. Amounts appropriated for the project are as follows.
WTP SCADA Update $50,000
TOTAL $50,000
Section 4. This ordinance shall be amended in any manner to add additional appropriations, modify or
eliminate existing projects, and/or add a new 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
27th day of June in 2022.
Ayes:
Noes:
Absent or excused:
Sarah E. Kimrey, Town Clerk
UPDATE BUDGET CHANGES
TOWN OF HILLSBOROUGH
FY 2021-2022
ACCOUNT
PRINT ONLY 2021-2022 BUDGET
NUMBER BUDGET CHANGE BUDGET
CURRENT BUDGET AMENDEDCHANGE
DATE
Revenue
77
77-25-3001-3310-009 GRANT - ARPA - WTP
SCADA UPDATE
50,000.00246400.00 50,000.006/27/2022
To establish project
50,000.00Total for 77 0.00 50,000.00
0.00 50,000.00 50,000.00Total for Revenue
Expenditure
77
77-25-3001-5700-784 ARPA - WTP SCADA
UPDATE
50,000.00246410.00 50,000.006/27/2022
To establish project
50,000.00Total for 77 0.00 50,000.00
0.00 50,000.00 50,000.00Total for Expenditure
100,000.00Grand Total 0.00 100,000.00
EBRADFORD 2:43:45PM06/22/2022
BPPostBudgetVersion
Page 1 of 1
ARPA
ARPA
AGENDA ABSTRACT | 1 of 1
Agenda Abstract
BOARD OF COMMISSIONERS
Meeting date: June 27, 2022
Department: Administrative
Services
Public hearing: No
Date of public hearing: N/A
PRESENTER/INFORMATION CONTACT
Administrative Services Director Jen Della Valle
ITEM TO BE CONSIDERED
Subject: Orange County Food Council Progress Report
Attachments:
1. Food Council Progress Report
2. 2020-2022 Update – Presentation slides
Brief summary:
Food Council Coordinator Ashley Heger will present an update on the Food Council’s progress and
accomplishments.
Action requested:
Receive update.
ISSUE OVERVIEW
Background information and issue summary:
N/A
Financial impacts:
None identified.
Staff recommendation and comments:
Receive update.
For clerk’s use
AGENDA ITEM:
4.A
Consent
agenda
Regular
agenda
Closed
session
Food Council Progress Report:
Based on goals identified in the Food Council’s 2019-2020 Work Plan and coordinator work
plans from 2019 to 2021
INTRODUCTION
The Food Council’s 2019-2020 work plan was designed to be a living document that would
evolve over time. The work plan was requested during the process to approve the MOU to
create a Food Council Coordinator position in the county during the winter of 2018-2019. Any
changes made to the Food Council’s work plan and/or the Coordinator’s scope of work have
been approved by the County Manager and the Food Council’s Executive Committee. These
changes have been communicated in past Food Council Coordinator reports and board
presentations.
In 2020, the Food Council shifted its focus to developing connections between community
expertise and decision-makers. This work has involved 1) building trusting relationships with the
most impacted communities, 2) institutional capacity building, 3) data collection and policy
evaluations, 4) community-led research and recommendations.
In 2022, the Food Council will expand these efforts to include the following:
1. Food Access Assessment: The assessment began in fall 2021 and will run through
spring 2022. A final report will be provided to County and Town leadership in late
summer of 2022. The final report will include a community evaluation of food access
data and recommendations for service providers and policy makers. This assessment
has been designed and facilitated with community experts who have lived experience
with food insecurity and hunger.
2. Expanding Local Food Markets Pilot Program: Facilitate a stakeholder input process
with Cooperative Extension to gauge the interests, needs, and challenges of food
producers in Orange County. After evaluating stakeholder responses, the Food Council
and Cooperative Extension will provide recommendations for future pilot programs to
support expanding markets and increasing access to local products. The stakeholder
input process will include food producers and growers in Orange County plus local
institutional buyers and regional distributors.
COORDINATOR WORK 2019 – 2022
The Food Council Coordinator was hired in summer of 2019. An annual work plan is developed
by the Food Council’s Executive Committee and the County Manager approves a final plan. The
following are highlights of the Food Council Coordinator’s work from 2019 to 2020:
• Staff liaison to Piedmont Food Processing Center: Coordinated the completion of a new
Management Services Agreement and managed County reporting needs for a
collaborative Golden Leaf Foundation grant.
• Regional Coordination: Attend regular monthly meetings of statewide and regional
networks including NC Farmworker Advocacy Network, North Carolina Network of Food
Councils, NC Food System Advocacy Coalition, and regional meetings with TJ Council
of Government, Triangle area food councils, and Cooperative Extension Food Security
Coordinators.
• Food Council Coordination: Organize and facilitate all food council meetings and
administrative needs, support board development with co-chairs, manage all requests
from elected boards, coordinate and implement Food Council projects, committees, and
activities.
• Administrative Support: Manage the Food Council’s administrative needs including
annual budgets, invoicing and contracts, grant writing, annual reports, County staff
requirements, and email/website communication.
• Education and Capacity Building: Coordinate and lead trainings, attend regular
webinars/professional development workshops, read relevant research, and stay up to
date on equitable food system practices.
2019-2020 WORK PLAN GOALS, PROGRESS, AND OUTCOMES
Network Development & Community Engagement
Goals Performance
Measures
Summary of Progress Outcomes
Facilitate conversations
between regional food
councils, food system
practitioners and
elected officials to build
collaboration as a
regional foodshed.
Attend 4 regional
meetings per year;
increase
collaborative
activities and sharing
of
resources/information
*Co-led the
development of the
Triangle Regional Food
Council Collaborative
*Coordinate and
participate in regular
regional meetings
between cooperative
extension, food
councils, and TJCOG
*Participated in Project
40 (including elected
officials, food system
practitioners, regional
planners, and Triangle
J COG)
Regional collaborative
able to engage in larger
scale food policy
Strong partnerships
with regional planners,
economic developers,
and policy makers
interested in regional
work
Workshops facilitated
by this network and
UNC School of
Government
Hold regular food
council and workgroup
meetings and
community forums.
Convene monthly
meetings with Food
Council members,
workgroups, partners
and community
members and
biennial community
forums; increase the
number of people
participating
*Monthly meetings
have continued and
workgroup participation
expanded from 2018 to
2020
*Relationships with
community members
have deepened and we
have expanded the
amount of community
partner organizations
we work with
*New website was
launched in spring
2020 and meeting
minutes will be updated
soon
*community forums
planned for 2020 -
2021 fiscal year are
postponed due to the
Covid19 pandemic;
smaller gatherings are
happening via zoom
6 new council members
New designated seat
for Cooperative
Extension
Expanded partnerships
with food agencies and
practitioners
Council leadership
includes lived
experience with food
insecurity and farming
Website with user-
friendly resources
More workgroup
members and one new
workgroup created
Learn about barriers
and opportunities to
engage hard to reach
populations in creating
a stronger county food
system.
A listening session
guide is developed;
collaborate with
community
organizations like
Jackson Center,
Family Success
Alliance, El Centro,
and Refugee
Community
Partnership
Change: in
conversations with
community leaders and
partners it was
determined a listening
session guide would
not support the actual
goal. The Food Council
has redirected their
efforts to engage
directly with community
members most
impacted by issues in
the food system. Two
projects have come out
of this proess since
2020: Orange County
Black Farmer Think
Tank and a community-
led Food Access
Assessment.
A methodology for
equitable community-
based food system
development
*the methodology is
being built through two
pilot programs
happening in the
beginning stages of a
Food Policy Agenda
process
Develop and implement
a broad communication
Regular social media
posts and website
*Information and
resource sharing
Emergency food
resources and
strategy to build
awareness of the
resources, activities
and needs within the
Orange County Food
System
updates happens regularly
information shared
Regular updates about
events shared
Increased page traffic
Website with new
resources
Local Food Economy
Goals Performance
Measures
Summary of Progress Outcomes
Identify funding
sources to stimulate
economic growth and
increase demand for
local foods
Regular workgroup
meetings are held (at
least 10 annually)
A presentation is
developed on the use
of other funding
sources for local food
system activities.
Develop a plan for
the use of the
identified funding
sources to stimulate
economic growth and
increase demand for
local foods.
*Workgroup met
monthly from 2018 -
until March 2020,
workgroup leads
have been meeting
remotely via zoom
*From 2018 - 2019
the Local Food
Economy Workgroup
and members of the
Ag Preservation
Board met to develop
an Agricultural Trust
Fund Proposal. The
proposal focused on
the use of deferred
taxes through the
Present-Use Value
Program.
*Invested more time
in determining racial
requity gaps and
needs in the proposal
*Met regularly with
local farmers’
markets, Cooperative
Extension, and
Economic
Development to
understand regional
supply and demand
Ag Trust Fund Policy
Proposal created
Racial Equity
Assessment of two
county agriculture
programs completed
Black Farmer Think
Tank group (ongoing)
Stronger partnerships
with regional
planners, food
processing facilities,
farmers, and
economic developers
Identify a baseline of
locally grown food
consumption in
Meetings of the Local
Food Economy
Workgroup are held
*Worked with Chapel
Hill Mayor’s office,
Farmer Foodshare,
and UNC to create a
Local foods
purchased by UNC
Increase of local
Orange County public
institutions and
through strategic
partnerships support
an increase in the
amount of locally
grown food procured
by the identified
partner institutions
and agencies
(measured in dollars
spent for food
purchasing).
with representatives
of local institutions to
chart out a plan to
meet the goal. The
Local Food Economy
Workgroup will
facilitate relationship
building between
local food providers
and local public
institutions to help
meet the determined
goals around local
food procurement.
relationship for an
ongoing local
procurement
commitment
*Convened meetings
between school
nutrition directors and
Farmer Foodshare to
support schools in
sourcing some local
foods with available
entitlement dollars
from Department of
Defense funding
*Supported the
Orange County Farm
to Early Child
Education Coalition
to increase locally
grown foods in
childcare centers and
develop partnerships
between farmers and
centers
foods purchased by
Orange County
Schools
Local farmers selling
directly to several
child care centers
Food Access
Goals Performance
Measures
Summary of Progress Outcomes
Increase community
awareness of food
access resources
available in Orange
County.
10 meetings of the
Food Access
Workgroup are held
each fiscal year.
Develop a
Community Food
Resource Guide that
incorporates the
many different
resource guides
available through
various agencies in
the county.
*Food Access
Workgroup met
monthly from 2018 -
March 2020,
workgroup has been
meeting via zoom
since the pandemic
began
*Created a
Community Food
Resource Guide in
collaboration with
food access providers
and community
leaders
*Guide is updated 1-2
annually or anytime
someone contacts
the Coordinator with
new information
Community Food
Resource Guide
available on website
and in PDF (in
multiple languages)
Workgroup
membership grew
and diversified
3 community
workshops hosted
Coordinate with Town
and County
departments and
associated partners
to research
successful policies
that provide
incentives, help
subsidize purchasing
and/or increase
access to healthy,
fresh foods.
6 meetings with Town
and County
departments and
food system partners
(Health, Housing,
Aging, DSS, Summer
Food Program etc.) to
provide presentations
on findings to the
advisory boards
associated with the
Town and County
departments.
Town and County
departments as well
as food provider
partners that are
better informed on
policies and practices
that can help
increase access to
healthy foods and
help the Town and
County departments
meet their strategic
goals
*Met over 12 months
with strategic
partners including
county staff, HHS
leadership, Food for
the Summer program
partners, elected
officials, and
community members
with lived experience
around food access;
focus of meetings
was to understand 1)
what programs,
resources, and
policies currently
exist that address the
issue of hunger and
2) look at the issue of
access to fresh,
nutritious, and
culturally appropriate
foods through a multi-
sector approach (how
housing and cost of
living impacts access
to food)
*Participated in
meetings with food
councils and
advocates across NC
and around the U.S.
to better understand
best practices and
innovative
approaches to
address the systemic
issues that cause
hunger and limited
access to fresh food
*Developed a report
and presentation that
was shared at the
annual County
Commissioner retreat
in January 2020
*Create an
infographic that was
shared across our
network, with the
Relationships formed
with food agencies
and County agencies
Presentation given to
BOCC at annual
board retreat
Food insecurity report
with pandemic data
Food Security
infographic
Increased food
access
representation on the
Food Council
including direct
service agencies and
community members
with lived experience
Food Access Think
Tank is in
development
Food Council, and
elected liaisons
(infographic will need
to be updated due to
the pandemic); the
infographic is
intended as a tool to
help policy makers
and community
members understand
a systems change
and racial equity
approach to solving
hunger
*Cross sector and
cross departmental
identification of
resources, data, and
best practices is
ongoing
Identify redundancies
and recommend
more efficient use of
resources and
effective program
implementation
Food council
representatives
attend, convene,
and/or facilitate
meetings between
outside agency food
providers at least six
times per fiscal year.
Food Access
Workgroup convene
Orange County and
Chapel Hill-Carrboro
public schools to
better understand
how food access can
be improved in the
school system.
*Met with outside
agencies working
together to map
overlap and improve
practices
*Shared best
practices and other
resources with
outside agencies
about racial equity
approach to food
access
*Met work CHCCS
Sustainability
Director, Nutrition
Director, and some
faculty to understand
the impact and
potential growth of
school gardens
*Co-facilitated a
school garden tour
for elected officials in
the county
*Provided a
presentation on best
practices for farm to
school with support
from CHCCS
Resource list created
to help agencies
Attend monthly Food
for the Summer
meetings (now
focused on Covid
coordination)
Partnerships and
communication
channels created with
food agencies
Hosted school
garden tour and
provided educational
materials to elected
officials
Partnerships between
farmers and school
nutrition directors
Increased local foods
purchased by school
systems
Sustainability Director
and CEFS North
Carolina Farm to
School Coordinator
Food Waste
Goals Performance
Measures
Summary of Progress Outcomes
Reduce food waste
across all sectors
within Orange County
10 meetings of the
Waste Recovery
Workgroup are held
each fiscal year.
The number of
businesses utilizing
the Orange County
Solid Waste
composting program
will increase.
Create a toolkit for
waste diversion best
practices, programs
and resources
Create a toolkit for
waste diversion best
practices, programs
and resources
Work with the Orange
County Solid Waste
Advisory Board as
one of the
stakeholder groups in
the 2019 strategic
planning process
Develop goals and
recommendations for
decreasing food
waste
*Waste Recovery
Workgroup met
monthly from October
2018 to March 2020
(meetings will begin
again in fall 2020)
*Facilitated a
relationship between
OC Solid Waste and
Joe Van Gogh Coffee
which helped JVG
Coffee transition to all
compostable
products
*Developed a survey
that was distributed
across Orange
County and the
Triangle to gather
best practices and
waste reduction
strategies from
institutions and the
private sector
(findings are being
compiled into a
report)
*Discovered other
toolkits focused on
waste reduction and
workgroup
determined a new
toolkit was not
needed
*Convened meetings
between OC Solid
Waste, Brooks
Composting, and
Orange County
Schools to develop a
Over 10 meetings
annually held
Increased number of
businesses utilizing
the OC Solid Waste
composting program
Collected valuable
data via a regional
food recovery survey
Partnership
developed between
Orange Co Solid
Waste and Orange
Co Schools
Composting pilot
program adopted by
Orange Co Schools
SOP’s for food
recovery created at
state level (via
DHSS)
pilot compost
program modeled
after CHCCS’s
program (program
now on hold due to
Covid19)
*Worked with a
statewide coalition to
advocate for the NC
DHHS to develop
standard operating
procedures for
prepared food
recovery and
donations (including
the issue of sharing
tables in schools and
other food recovery
practices)
*Working with OC
Solid Waste and plan
to participate in future
SWAG strategic
planning process
2020 - 2022 Report
Orange County Food Council
1
2
Accomplishments & Projects
•
•
•
•
•
•
•
•
•
•
•
Equity Framework (how we work part 2)
●
●
●
●
●
3
4
Source: lithgow-schmidt.dk/sherry-arnstein/ladder-of-citizen-
participation_en.pdf
“citizen participation is a categorical term for
citizen power. It is the redistribution of power
that enables the have-not citizens, presently
excluded from the political and economic
processes, to be deliberately included in the
future. It is the strategy by which the have-nots
join in determining how information is shared,
goals and policies are set, tax resources are
allocated, programs are operated…
There is a critical difference between going
through the empty ritual of participation and
having the real power needed to affect the
outcome of the process.”
5
6
Community Food Access Assessment
•
•
•
•
•
➔
➔
➔
➔
7
8
Multiple category
represents wrap-
around services. For
example,
organizations that
provide both housing,
utility assistance
and/or food
assistance.
Expanding Local Food Markets Pilot Project
●
●
●
●
●
●
9
10
MOU Renewal
●
●
●
●
Questions & Discussion
Ashley Heger
aheger@orangecountync.gov
11
12
AGENDA ABSTRACT | 1 of 1
Agenda Abstract
BOARD OF COMMISSIONERS
Meeting date: June 27, 2022
Department: Community Services
Public hearing: No
Date of public hearing: N/A
PRESENTER/INFORMATION CONTACT
Margaret A. Hauth, Assistant Town Manager
ITEM TO BE CONSIDERED
Subject: Confirm transfer of Latimer Street parcel to Habitat for Humanity
Attachments:
Memo
Brief summary:
In January 2019, the board authorized the transfer of a lot the town owns on Latimer Street to Habitat for
Humanity. The necessary legal work has been completed. Staff is seeking confirmation prior to finalizing the
transfer.
Action requested:
Confirmation of the town’s intent to convey the lot at 525 Latimer Street to Habitat for Humanity, consistent with
2019 action.
ISSUE OVERVIEW
Background information and issue summary:
Please refer to the attached memo for the history on this request.
Financial impacts:
Staff recommendation and comments:
For clerk’s use
AGENDA ITEM:
4.B
Consent
agenda
Regular
agenda
Closed
session
101 E. Orange St., Hillsborough, NC 27278
919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov
Memorandum
To: Mayor Weaver
Town Board members
From: Margaret A. Hauth, Assistant Town Manager
Date: June 21, 2022
Subject: History and findings on 525 Latimer Street
The town is now in a position to formally gift a lot at 525 Latimer Street to Habitat for Humanity. As this process
started in 2018, below are the major steps that got us to this point:
August 2018 Owners of 125 Hayes Street approach the town about acquiring the lot at 525 Latimer Street.
Instead of a public sale subject to the upset bid process, board directs staff to approach non-
profits about receiving the lot for development purposes. The lot can be gifted to a non-profit.
The non-profit & owner of Hayes Street can negotiate a property line agreement.
January 2019 Town Board authorizes publication of notice of intent to gift the parcel at 525 Latimer to Habitat
for Humanity. The transfer could have happened on or around February 1.
August 2020 Town Board receives update on the need to establish town ownership of the property at 525
Latimer Street through court process. Commissioner Bell shares information from a resident
indicating her recollection that the parcel at 525 Latimer was to be a park for black children, at
the owner’s wish. Staff attempts to research this as time permits.
May 2022 Since a deed and survey of the parcel are needed no matter what future purpose is determined
for the parcel at 525 Latimer, staff pursues creation of a land survey and deed.
June 2022 The survey has been recorded and the deed has been prepared. The town is now in a position to
depose of this parcel consisted with the January 2019 action, if desired.
Ownership History
It remains unclear how the town acquired this property. Deed descriptions for the lot at 125 Hayes Street go back
to 1959 and all refer to the town’s lot as a “public park.” The referenced maps in the surrounding deeds were
never recorded.
There appears to have been a subdivision called Chaseville created in this vicinity. Kevin Hornik’s research
indicates Chaseville was a “town” for Freedmen created by local businessman Henry N. Brown in 1868. The 525
Latimer lot is sometimes referred to as the “spring lot” of Chaseville. There is a spring in the southwest corner of
the property. It’s very possible this lot was either set aside for that reason or was never attractive to buyers for
that reason.
It seems likely that when Mr. Brown’s mortgage was foreclosed on in 1870 and the “town” ceased to exist, the lot
continued to be held as a “public” good, similar to how the town “acquired” the museum property. It was the only
remaining lot that wasn’t sold and some public purpose (be it a park or a spring) had been memorialized. The
Town of Hillsborough | 2 of 2
term “park” is most likely an attempt to recognize the public purpose. This logic may also explain why the town
was comfortable transferring a 20’ X 25’ square of the parcel to the former owners in 1989 to remove an
encroachment on the “town’s” lot. This area was not annexed into Hillsborough until 1976.
A reasonably thorough search of town minute books in the 1950s yielded no reference to the receipt of this land
either by gift or purchase. The 1976 annexation appears to coincide with a CDBG grant to provide water and
sewer service to the bulk of West Hillsborough. The lots on Sunset and Hayes had previously been annexed.
Additional minute book searches in 1988 and 1989 yielded no explanation of why the town was comfortable
yielding land to the former owner.
A quiet title action has been completed and the town has been granted fee simple ownership of the property by
the court. This action removes any restrictions on the property.
This history explains why discussions with longtime residents yielded no detailed information. Chaseville predates
anyone presently alive and would be the subject of family stories.
https://openorangenc.org/content/chaseville and
http://freepages.rootsweb.com/~orangecountync/history/places/BandF/BandF.html provided the historical
background.