Board of Commissioners Regular Meeting

Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 1 of 19 Minutes Board of Commissioners Regular Meeting 7 p.m. Jan. 9, 2023 Board Meeting Room, Town Hall Annex, 105 E. Corbin St. Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: Planning and Economic Development Manager Shannan Campbell, Administrative Services Director Jen Della Valle, Assistant Town Manager and Community Services Director Matt Efird, Stormwater and Environmental Services Manager Terry Hackett, Police Chief Duane Hampton, Assistant Town Manager and Community Services Director Margaret Hauth, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, Communications Specialist Cheryl Sadgrove and Utilities Director Marie Strandwitz Opening of the meeting Mayor Jenn Weaver called the meeting to order at 7:01 p.m. 1. Public charge Mayor Weaver did not read the public charge. 2. Audience comments not related to the printed agenda There was none. 3. Agenda changes and approval The following changes were requested: • Add item 4.A – National Mentoring Month proclamation • Add item 9.A – Closed session as authorized by North Carolina General Statute Section 143- 318.11(a)(3) to consult with the town attorney in order to preserve the attorney-client privilege (current litigation – RIMA, LLC) • Add item 9.B – Closed session as authorized by North Carolina General Statute Section 143- 318.11(a)(3) to consult with the town attorney in order to preserve the attorney-client privilege (potential litigation – Radius Pizzeria) A motion was made to approve the agenda as amended. Motion made by Commissioner Kathleen Ferguson, seconded by Commissioner Mark Bell. Voting Yea: Commissioners Bell, Robb English, Ferguson and Matt Hughes, Absent: Evelyn Lloyd. 4. Presentations A. Mentoring month proclamation (added) The mayor read a proclamation declaring January as National Mentoring Month. Attrayus Goode of MENTOR North Carolina received the proclamation and thanked the board for support of mentors. Lloyd joined the meeting at 7:13 p.m. B. Employee Service Milestone Awards  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 2 of 19 The town manager gave a presentation on the service milestone award recipients for 2022. Employees are recognized for every five years of service with a coin and $75. • 5 years of service — Plant Maintenance Mechanic I Dennis Apple, Police Sgt. Heather Blackwell, Stormwater Program Coordinator Heather Fisher, Senior Communications Specialist Cheryl Sadgrove and Utility Systems Mechanic II Thomas Smith • 10 years of service — Stormwater and Environmental Services Manager Terry Hackett and Water Plant Operator I Curtis Watkins • 15 years of service — Budget Director Emily Bradford, Wastewater Plant Operator II Jeff Davis and Senior Planner Tom King • 20 years of service — Water Plant Superintendent Nathan Cates, Police Sgt. Tim Corbett, Billing and Customer Service Supervisor Linda Daye and Utility Maintenance Supervisor Al Robertson • 25 years of service — Fleet Mechanic Darren Koch and Town Manager Eric Peterson C. Stormwater Program Update Stormwater and Environmental Services Manager Terry Hackett gave a brief update on the town’s stormwater program. He noted: • The state will conduct a routine audit of the town’s stormwater permitting program this year. • The Upper Neuse River Basin Association is expected to make recommendations for updating the Falls Lake Rules later this year. Data from monitoring indicates that Falls Lake is in better shape than was thought. Also, the data shows that Hillsborough only accounts for 1 to 2 percent of the nutrient load reaching Falls Lake. • The Stormwater and Environmental Services division will request an increase in the stormwater fee this year to cover the rising cost of materials and the need to create a new stormwater position. 5. Appointments A. Planning Board – Re-appointment of Frank Casadonte with term ending Jan. 31, 2026 B. Planning Board – Appointment of John Giglia with term ending April 30, 2025 C. Water and Sewer Advisory Committee – Appointment of Grace Beeler as an In-Town Member D. Water and Sewer Advisory Committee – Appointment of Eric Raznick as an Out-of-Town Member A motion was made to approve appointments as presented. Motion made by Commissioner Ferguson, seconded by Commissioner Hughes. Voting Yea: Commissioners Bell, English, Ferguson, Hughes and Lloyd. 6. Items for decision – consent agenda A. Minutes – Joint public hearing Oct. 20, 2022 – Regular meeting Dec. 12, 2022 – Regular meeting closed session Dec. 12, 2022 – Regular meeting June 14, 2021 (amended) B. Miscellaneous budget amendments and transfers C. 2023 Board of Commissioners meeting schedule amendment D. Classification and pay amendments A motion was made to approve the consent agenda as presented. Motion made by Commissioner Ferguson, seconded by Commissioner Bell. Voting Yea: Commissioners Bell, English, Ferguson, Hughes and Lloyd.  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 3 of 19 7. Items for decision - regular agenda A. Town code amendments related to appointed board procedures – adoption and discussion Assistant Town Manager and Community Services Director Margaret Hauth reviewed the changes that the board had requested to the Code of Ordinances regarding the appointed boards. The board voted to approve the recommended changes, which included: • Adding language that appointees serve at the pleasure of the board with the exception of one board for which a state statute dictates a member can only be removed for cause. • Specifying that members of the Parks and Recreation Board should live within a park district. • Removing language about ex officio positions. It was noted that only the Tourism Board designates a seat to a commissioner in the code. The board included in their motion the conversion of existing liaison commissioner positions to voting members on the Parks and Recreation Board and the Water and Sewer Advisory Committee. • Reviewing defining language on boards to determine what should be included in the code. Hauth plans to meet with support staff and each appointed board to review needed updates to rules of procedures for the appointed boards and to streamline stated responsibilities in the code. A motion was made to adopt town code amendments as presented. Motion made by Commissioner Hughes, seconded by Commissioner Ferguson. Voting Yea: Commissioners Bell, English, Ferguson, Hughes and Lloyd. B. NC League of Municipalities legislative policy goals for the 2023-2024 biennium The board selected 10 of the 16 proposed policy goals to serve as the North Carolina League of Municipalities’ agenda for the 2023-2024 legislative biennium. The goals are described in more depth in the agenda packet and included: • Expand federal and state resources for affordable housing. • Create an adequate and permanent funding stream for local infrastructure. • Allow municipalities to use local resources and capabilities to expand broadband access in their communities through innovative partnerships. • Expand state transportation funding streams for construction and maintenance for municipal and state-owned secondary roads. • Support integrated and multi-modal transportation solutions. • Increase state funding for public transportation operations. • Provide state assistance for yearly financial audits, ensuring that an adequate number of auditors is available. • Update annexation petition thresholds to make voluntary annexations easier to initiate. • Provide authority to municipal water systems to recoup costs of clean-up from polluters. • Provide local revenue options beyond property tax. A motion was made to appoint Commissioner Ferguson as Hillsborough’s North Carolina League of Municipalities voting delegate. Motion made by Commissioner Hughes, seconded by Commissioner Bell. Voting Yea: Commissioners Bell, English, Ferguson, Hughes and Lloyd. C. Hot topics for work session Jan. 23, 2023  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 4 of 19 The board expects to receive an annual transportation planning report from the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization, an update on the future train station project and information about alternative transportation funding. 8. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager There was none. C. Staff (written reports in agenda packet) There was none. A motion was made to move to closed session at 8:19 p.m. Motion made by Commissioner Bell, seconded by Commissioner Lloyd. Voting Yea: Commissioners Bell, English, Ferguson, Hughes and Lloyd. 9. Closed Session A. Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(3) to consult with the town attorney in order to preserve the attorney-client privilege (current litigation – RIMA, LLC) B. Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(3) to consult with the town attorney in order to preserve the attorney-client privilege (potential litigation – Radius Pizzeria) A motion was made to return to open session at 9:49 p.m. Motion made by Commissioner Bell, seconded by Commissioner Lloyd. Voting Yea: Commissioners Bell, English, Ferguson, Hughes and Lloyd. 10. Adjournment Mayor Weaver adjourned the meeting at 9:49 p.m. Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 5 of 19 PROCLAMATION #20230109-4.A  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 TOWN OF HILLSBOROUGH Page 6 of 19 FY 2022-2023 BUDGET CHANGES REPORT DATES: 01/09/2023 TO 01/09/2023 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET GF 10-00-9990-5300-000 CONTINGENCY Contingency To cover public hearing signs 28098 01/09/2023 EBRADFORD 300,000.00 -2,200.00 40,762.00 Admin. 10-10-4200-5100-020 SALARIES Services To cover contract website maintenance 28019 01/09/2023 EBRADFORD 902,888.00 -2,100.00 900,788.00 Admin. 10-10-4200-5300-140 TRAVEL/VEHICLE ALLOTMENT Services To cover monthly vehicle allowance adjus 28096 01/09/2023 JFernandez 4,200.00 1,800.00 6,000.00 Admin. 10-10-4200-5300-458 DATA PROCESSING SERVICES Services To cover contract website maintenance 28020 01/09/2023 EBRADFORD 36,673.00 2,100.00 45,887.38 Admin. 10-10-4200-5300-540 INSURANCE Services To cover invoices of property & liabilities 34123 01/09/2023 JFernandez 341,400.00 6,500.00 351,222.00 Admin. 10-10-4200-5300-570 MISCELLANEOUS Services To cover monthly vehicle allowance adjus 28095 01/09/2023 JFernandez 31,253.00 -1,800.00 24,953.62 To cover invoices of property & liabilities 34124 01/09/2023 JFernandez 31,253.00 -6,500.00 18,453.62 Financial 10-10-4400-5100-020 SALARIES Services To cover audit prep fees and future charge 28099 01/09/2023 JFernandez 338,398.00 -75,000.00 263,398.00 Financial 10-10-4400-5300-459 C.S./ACCOUNTING ASSISTANCE Services To cover audit prep fees and future charge 28100 01/09/2023 JFernandez 25,200.00 75,000.00 245,324.16 Planning 10-10-4900-5300-330 SUPPLIES - DEPARTMENTAL To cover public hearing signs 28097 01/09/2023 EBRADFORD 1,800.00 2,200.00 2,300.00 Facility 10-10-5000-5300-145 MAINTENANCE - BUILDINGS Mgmt. To cover generator maintenance 28017 01/09/2023 EBRADFORD 201,896.00 -1,674.00 200,222.00 To cover generator repair 28082 01/09/2023 EBRADFORD 201,896.00 -869.00 199,353.00 Facility 10-10-5000-5300-158 MAINTENANCE - EQUIPMENT Mgmt. To cover generator maintenance 28018 01/09/2023 EBRADFORD 0.00 1,674.00 1,674.00 To cover generator repair 28081 01/09/2023 EBRADFORD 0.00 869.00 2,543.00 Police 10-20-5100-5300-470 HIRING SELECTION PROCESS To cover hiring selection for BLET books 28080 01/09/2023 JFernandez 3,400.00 700.00 7,950.00 To cover current and anticipated hiring ex 34126 01/09/2023 JFernandez 3,400.00 2,500.00 10,450.00 Police 10-20-5100-5300-570 MISCELLANEOUS To cover hiring selection for BLET books 28079 01/09/2023 JFernandez 3,500.00 -700.00 2,680.00 Police 10-20-5100-5300-730 DRUG ENFORCEMENT OPERATIONS To cover current and anticipated hiring ex 34125 01/09/2023 JFernandez 5,000.00 -2,500.00 2,250.00 WWTP 30-80-8220-5300-165 MAINTENANCE - INFRASTRUCTURE For replacement of safety rails at WWTP. 28094 01/09/2023 JFernandez 4,000.00 2,000.00 6,000.00 WWTP 30-80-8220-5300-323 SUPPLIES - CHEMICALS For replacement of safety rails at WWTP. 28093 01/09/2023 JFernandez 92,500.00 -2,000.00 90,250.00 0.00 APPROVED: 5/0 DATE: 1/9/23 VERIFIED: ___________________________________ JFernandez 12/30/2022 12:26:12PM Page 1 of 1 fl142r03  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 7 of 19 Meeting Schedule: 2023 BOARD OF COMMISSIONERS Meetings start at 7 p.m. in the Board Meeting Room of the Town Hall Annex, 105 E. Corbin St., unless otherwise noted. Times, dates and locations are subject to change. The public will be able to view and listen to regular meetings and work sessions via live streaming video on the town’s YouTube channel. Regular meetings Regular meetings typically occur the second Monday of the month. Jan. 9 Aug. 14 Feb. 13 Sept. 11 March 13 Oct. 9 April 10 Nov. 13 May 8 With budget presentation Dec. 11 June 12 Tentative budget adoption Work sessions Work sessions typically occur the fourth Monday of the month. The board generally does not make decisions or receive public comment at work sessions. Jan. 23 May 30 Budget workshop, if needed Jan. 28 Budget retreat, 9 a.m. to 2:30 p.m. June 26 Budget adoption, if needed Feb. 27 Aug. 28 With joint WSAC meeting March 27 Sept. 25 April 24 With State of the Town Address Oct. 23 May 22 Budget workshop, public hearing Nov.27 Joint public hearings Joint public hearings with the Planning Board typically occur the third Thursday of a month. Jan. 19 July 20 April 20 Oct. 19 Joint meetings Meetings with the Water and Sewer Advisory Committee are planned biannually. The Orange County Assembly of Governments typically meets in January. Jan. 24 Assembly of Governments Feb. 2 Water and Sewer Advisory Committee Whitted Human Services Center 300 W. Tryon St. — CANCELED 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 | 919-732-1270 www.hillsboroughnc.gov | @HillsboroughGov Amended: Jan. 9, 2023  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 8 of 19 Regular (Non-Law Enforcement) Positions Salary FLSA Grade Minimum Midpoint Maximum Status Class Code Classification 1 34,205 44,467 54,728 2 35,915 46,690 57,465 N 201 ADMINISTRATIVE SUPPORT SPECIALIST 2 35,915 46,690 57,465 N 202 METER SERVICES TECHNICIAN 3 37,711 49,024 60,338 N 302 EQUIPMENT OPERATOR I 3 37,711 49,024 60,338 N 303 UTILITY MAINTENANCE TECHNICIAN I 4 39,597 51,476 63,355 N 401 CUSTOMER SERVICE REPRESENTATIVE 4 39,597 51,476 63,355 N 402 UTILITY MAINTENANCE TECHNICIAN II 4 39,597 51,476 63,355 N 403 WASTEWATER PLANT OPERATOR I 4 39,597 51,476 63,355 N 404 WATER PLANT OPERATOR I 5 41,576 54,049 66,522 N 502 EQUIPMENT OPERATOR II 5 41,576 54,049 66,522 N 503 SENIOR ADMINISTRATIVE SUPPORT SPECIALIST 5 41,576 54,049 66,522 N 504 UTILITY MAINTENANCE TECHNICIAN III 5 41,576 54,049 66,522 N 505 WASTEWATER PLANT OPERATOR II 5 41,576 54,049 66,522 N 506 WATER PLANT OPERATOR II 6 43,655 56,752 69,848 N 605 ACCOUNTS PAYABLE TECHNICIAN 6 43,655 56,752 69,848 N 601 PLANNING TECHNICIAN 6 43,655 56,752 69,848 N 602 PLANT MAINTENANCE MECHANIC I 6 43,655 56,752 69,848 N 604 UTILITY SYSTEMS MECHANIC I 7 45,838 59,589 73,341 N 706 ACCOUNTING TECHNICIAN 7 45,838 59,589 73,341 N 701 CREW LEADER/EQUIPMENT OPERATOR III 7 45,838 59,589 73,341 N 702 PLANT MAINTENANCE MECHANIC II 7 45,838 59,589 73,341 N 703 UTILITY SYSTEMS MECHANIC II 7 45,838 59,589 73,341 N 704 WASTEWATER PLANT OPERATOR III 7 45,838 59,589 73,341 N 705 WATER PLANT OPERATOR III 8 48,130 62,569 77,008 N 801 FLEET MECHANIC 8 48,130 62,569 77,008 N 802 PLANT MAINTENANCE MECHANIC III 8 48,130 62,569 77,008 N 803 UTILITY SYSTEMS MECHANIC III 9 50,536 65,697 80,858 E 901 BILLING & CUSTOMER SERVICE SUPERVISOR 9 50,536 65,697 80,858 N 902 METER SERVICES SUPERVISOR 9 50,536 65,697 80,858 N 903 UTILITIES INSPECTOR 9 50,536 65,697 80,858 E 904 PUBLIC WORKS SUPERVISOR 10 53,063 68,982 84,901 N 1001 BACKFLOW/FOG SPECIALIST 10 53,063 68,982 84,901 N 1002 CHIEF WASTEWATER PLANT OPERATOR 10 53,063 68,982 84,901 N 1003 COMMUNICATIONS SPECIALIST 10 53,063 68,982 84,901 N 1004 FACILITIES COORDINATOR 10 53,063 68,982 84,901 N 1005 OPERATOR IN RESPONSIBLE CHARGE 11 55,716 72,431 89,146 E 1101 PLANNER 12 58,502 76,053 93,604 E 1201 BUDGET & MANAGEMENT ANALYST 12 58,502 76,053 93,604 E 1202 FINANCIAL ANALYST 12 58,502 76,053 93,604 E 1203 FLEET MAINTENANCE SUPERVISOR 12 58,502 76,053 93,604 E 1204 HUMAN RESOURCES ANALYST 12 58,502 76,053 93,604 E 1205 MANAGEMENT ANALYST 12 58,502 76,053 93,604 N 1206 STORMWATER PROGRAM COORDINATOR 12 58,502 76,053 93,604 N 1207 WASTEWATER LABORATORY SUPERVISOR 12 58,502 76,053 93,604 N 1208 SENIOR COMMUNICATIONS SPECIALIST  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 9 of 19 13 61,427 79,856 98,284 E 1301 CIVIL ENGINEERING TECHNICAN 13 61,427 79,856 98,284 E 1302 SENIOR PLANNER 13 61,427 79,856 98,284 E 1303 UTILITY MAINTENANCE SUPERVISOR 13 61,427 79,856 98,284 E 1304 UTILITY SYSTEM SUPERVISOR 14 64,499 83,848 103,198 E 1401 TOWN CLERK/HUMAN RESOURCES TECHNICIAN 15 67,724 88,041 108,358 E 1501 SAFETY & RISK MANAGER 16 71,110 92,443 113,776 E 1601 WATER PLANT SUPERINTENDENT 17 74,665 97,065 119,465 E 1701 PUBLIC WORKS MANAGER 17 74,665 97,065 119,465 E 1702 STORMWATER & ENVIRONMENTAL SERVICES MANAGER 17 74,665 97,065 119,465 E 1703 UTILITY SYSTEM SUPERINTENDENT 18 78,399 101,918 125,438 E 1801 ASSISTANT FINANCE DIRECTOR 18 78,399 101,918 125,438 E 1802 COMMUNICATIONS MANAGER 19 82,319 107,014 131,710 E 1901 INFORMATION TECHNOLOGY MANAGER 20 86,434 112,365 138,295 E 2001 BUDGET DIRECTOR 20 86,434 112,365 138,295 E 2002 ENVIRONMENTAL ENGINEERING SUPERVISOR 20 86,434 112,365 138,295 E 2003 HUMAN RESOURCES MANAGER 20 86,434 112,365 138,295 E 2004 PLANNING & ECONOMIC DEVELOPMENT MANAGER 20 86,434 112,365 138,295 E 2005 PUBLIC SPACE & SUSTAINABILITY MANAGER 20 86,434 112,365 138,295 E 2006 DEPUTY UTILTIES DIRECTOR - WATER TREATMENT 21 90,756 117,983 145,210 22 95,294 123,882 152,470 23 100,059 130,076 160,094 24 105,062 136,580 168,099 E 2401 ADMINISTRATIVE SERVICES DIRECTOR 24 105,062 136,580 168,099 E 2402 ASSISTANT TOWN MANAGER/COMMUNITY SERVICES DIRECTOR 24 105,062 136,580 168,099 E 2403 FINANCE DIRECTOR 25 110,315 143,409 176,504 E 2501 UTILITIES DIRECTOR Sworn Law Enforcement Officer Positions Salary FLSA Grade Minimum Midpoint Maximum Status Class Code Classification 100 45,138 58,679 72,220 N 100 POLICE OFFICER TRAINEE 102 51,912 67,485 83,059 N 102 POLICE OFFICER/POLICE OFFICER FIRST CLASS 201 54,508 70,860 87,212 N 203 SENIOR POLICE OFFICER 202 57,233 74,403 91,573 N 204 POLICE CORPORAL 303 59,619 77,505 95,390 N 304 MASTER POLICE OFFICER 402 65,730 85,449 105,168 N 405 POLICE SERGEANT 502 72,467 94,207 115,947 E 507 POLICE LIEUTENANT 601 83,700 108,809 133,919 E 606 POLICE MAJOR 701 105,062 136,580 168,099 E 707 CHIEF OF POLICE  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 10 of 19 ORDINANCE #20230109-7.A ORDINANCE Amending Town Code Chapters 2, 3, 6, and 8A To Consolidate and Organize Appointed Board Information The Hillsborough Board of Commissioners ordains: Section 1. Section 2-32 of the Town Code is renamed “Filling unexpired terms on the Board of Commissioners” and the existing language is replaced to read as follows: (1) When a vacancy occurs on the Board of Commissioners, the members shall discuss the process to recruit and fill the term at the board meeting as soon after the vacancy is announced or occurs as possible. (2) The process must be approved by a majority vote of the board members. Section 2. Relocate Section 3-29, Park Naming Procedure, to Section 3-52 in Article VII, Recreation. Designate sections 3-53 through 3-59 as reserved. Section 3. Create Chapter 3, Article VIII, Appointed Boards, Task Forces, and Authorities, covering Sections 3- 60 through 3-79, attached for clarity. Section 4. Renumber Section 3-21, Planning Board; Section 3-22, Board of Adjustment, and Section 3-23, Historic District Commission as 3-64, 65, and 66, respectively. Section 5. Renumber Section 3-24, Tree Board, as 3-67. Delete cross reference to Section 7-36(c) and relocate that language, with amendments, to Section 3-67 as shown in the attached Article VIII. Section 6. Delete current sections 3-25, Cable Television Committee; 3-26, Occoneechee Mountain Park Committee; and 3-27, Hillsborough Cemetery Committee. Section 7. Renumber Section 3-28, Parks and Recreation Board to Section 3-68, with amendments reflected in the attached Article VIII. Designate Sections 3-21 through 3-40 as reserved. Section 8. Add Section 3-69, Water and Sewer Advisory Committee, as detailed in the attached Article VIII. Section 9. Add Section 3-70, Tourism Board, as detailed in the attached Article VIII. The language reformats and replaces existing section 3-60 through Section 3-62. Section 10. Add Section 3-71, Tourism Development Authority, as detailed in the attached Article VIII. The language reformats and moves existing Sections 8A-5, 8A-6, and 8A-7 into Chapter 3, Article VIII;  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 11 of 19 ORDINANCE #20230109-7.A Section 11. Rename Chapter 3, Article IX, Tourism Board to Article IX, Miscellaneous. Relocate Section 3-52 through 3-57 to this article and number appropriately. Designate Section 3-86 and 3-99 as reserved. Section 12. The amended language of Article VIII, Appointed Boards, Task Forces, and Authorities, and Article IX, Miscellaneous are attached for clarity Section 13. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 14. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of January in 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 12 of 19 ORDINANCE #20230109-7.A ARTICLE VIII. APPOINTED BOARDS, TASK FORCES, AND AUTHORITIES Sec. 3-60 General The Board of Commissioners may appoint volunteer boards to conduct portions of public business or to advise the board on items within their authority. An appointed board is expected to continue as described in this section unless eliminated by a majority vote of the Board of Commissioners. Appointed boards shall have a town staff support person who shall help organize the meeting schedule, maintain member lists, update public information regarding the board, prepare agendas and minutes, assist with advertising open positions and other duties to ensure proper function and that board actions are carried forth. The Tourism Board and the Tourism Development Authority were created through local bills approved by the state legislature concurrent to enacting the prepared food and beverage tax and occupancy tax, respectively. If language or requirements in this section differ from the specific language in the local law, the local law will control. The Board of Commissioners may also appoint task forces or study commissions to address short term or topic specific research. Such groups shall be established by resolution with a specific charge and an anticipated sunset date. The sunset date for any short-term committee may be extended by the board. The board may establish new appointed boards to continue the work of short-term committees upon a majority vote. This code must be amended to reflect any new committee without a sunset date. Sec. 3-61 Recruitment and appointment The designated staff support person for any town appointed board will be responsible for overseeing recruitment, appointment, and orientation of the members of the board they support. Recruitment may be done through website advertising and notices, public advertising, membership committees or active boards and commissions, and other sources. Appointment and reappointment items will appear on Board of Commissioners agendas for formal action. New appointees and reappointed members will take an oath of office before the town clerk or a notary public. Sec. 3-62 Routine orientation for appointees. The following orientation materials will be provided to each volunteer: board roster, town organizational chart including the advisory boards, the rules of procedure for their board, the current strategic and comprehensive plans for the town, and other support documents or maps relevant to that board. Staff will arrange for the administration of the new member’s oath of office, go over the orientation materials, and answer procedure and policy questions as needed, prior to the new member’s first meeting as a board member. New appointees are encouraged to attend a Board of Commissioners meeting within six months of appointment to any appointed board.  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 13 of 19 ORDINANCE #20230109-7.A Sec. 3-63 Regular attendance a pre-requisite for continuing service. Attendance at regularly scheduled board meetings is critical to continued membership on a board. Staff shall notify any board member who misses one-third of regular meetings within any twelve-month period that regular attendance is required, and future absences may impact continued participation. Any board member who misses half of regular meetings within any twelve-month period will be notified by staff that their term has been automatically ended. Board members are eligible for re-appointment consistent with term limits for their board. Attendance records shall be provided with any re-appointment request to the board of commissioners. Sec. 3-64. Members serve at the pleasure of the Town Board. Members serve at the pleasure of the Town Board and may be removed upon a vote of the Town Board in open session. However, members of the Tourism Board may only be removed for cause, also requiring a vote of the Town Board in open session. Similarly, the two volunteers the Planning Board makes from among its members to other boards, serve at the pleasure of the Planning Board and could be removed from the other boards upon a vote of the Planning Board. Sec. 3-65. Compensation. Board members serve without compensation. Members of the Tourism Development Authority may be compensated, at the discretion of the Town Board and consistent with the local bill creating the Authority. The town may pay for training deemed necessary or advisable for volunteer service. The town may reimburse members for travel to training events required for their membership. Sec. 3-66 Planning Board. There shall be a Planning Board, the establishment, powers, and duties of which are provided for in the Hillsborough Unified Development Ordinance. Sec. 3-67. Board of Adjustment. There shall be a Board of Adjustment, the establishment, powers, and duties of which are provided for in the Hillsborough Unified Development Ordinance. Sec. 3-68. Historic District Commission. There shall be a Historic District Commission, the establishment, powers, and duties of which are provided for in the Hillsborough Unified Development Ordinance. Sec. 3-69. Tree Board. There shall be a Tree Board, the establishment, powers, and duties of which are provided for as follows. (a) Powers and duties. The Tree Board shall serve as an advisory board to the Board of Commissioners with the following duties and responsibilities: (1) To hear all requests by Hillsborough residents and/or owners of property within the town for planting, maintenance, and removal of town trees. The Board of Commissioners maintains the  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 14 of 19 ORDINANCE #20230109-7.A right to review any such requests and the trees in question in determining whether to grant such requests. (2) To facilitate the planting, growth, protection, and recommended removal of trees within the town. (3) To foster education and communication among the citizens of Hillsborough that would provide the needed protection of trees and to coordinate active measures to support their health and growth within the town. (4) To conduct, every two years, a periodic safety audit of existing town trees for the purpose of determining needed pruning and tree removal. Between audits, members should report such needs as they detect them. (5) To investigate available grants, loans, or contributions from other governmental agencies, public or private corporations, or individuals and to recommend the expenditure of any proceeds toward the accomplishment of the tree board's purposes. (6) To establish guidelines for the selection and placement of trees on town property, which guidelines should be maintained as a separate document. (7) To coordinate, insofar as appropriate, its purposes with those of the town Parks and Recreation Board, the Historic District Commission, and other town and county agencies. (8) To submit an annual report to the Board of Commissioners. (9) To create and promote an active urban forestry education program for all citizens of the town. 10) To offer advice, when possible, to owners and developers of private property within town limits on the preservation of existing trees. (11) To advise the town on the planting, pruning, maintenance, and removing of trees on town property. (12) Residents of Hillsborough and/or property owners desiring to have a tree planted on town property shall obtain approval of the Tree Board. (b) Membership. The Tree Board shall consist of seven regular members. The Tree Board may determine the need for ex officio members to provide expertise. No more than three ex officio members may be appointed at any time. (c) Appointment. Members shall be appointed by the Board of Commissioners. Ex officio members may be appointed as necessary by a majority of Tree Board members. (d) Term of office. The terms of the regular members shall be staggered so that no more than three members' terms expire during the same year. In the event that a vacancy occurs during the term of any member, a successor shall be appointed by the town board for the unexpired portion of the term. Members shall serve a maximum of two consecutive three-year terms. (e) Staff. The Public Space and Sustainability division shall provide staff support to the Tree Board. (f) Meetings. All meeting shall be open to the public. The board shall adopt and publish a regular meeting schedule of not less than four meeting per calendar year.  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 15 of 19 ORDINANCE #20230109-7.A (g) Quorum. Four regular members shall constitute a quorum of the Tree Board. This number may be adjusted for vacancies. Staff and ex officio members are not qualified to vote. (h) Rules of Procedure. The board shall adopt rules of procedure for the conduct of its meetings. Rules of procedure shall be consistent with the procedural requirements of state law. Sec. 3-70. Parks and Recreation Board. There shall be a Parks and Recreation Board, the establishment, powers, and duties of which are provided for as follows. (a) Powers and duties. The board shall be responsible for implementing the Parks and Recreation Master Plan adopted by the Board of Commissioners and master plans for specific facilities adopted by the Parks and Recreation Board. This general charge includes, but is not limited to, the following duties: (1) Cooperate with Orange County to facilitate shared use and responsibility for publicly owned land. (2) Concentrate on developing parks and recreation facilities that can be programmed for use by others. (3) Coordinate with other town committees on items of mutual interest. (4) Recommend funding priorities for parks and recreation projects to the town board. (b) Membership. The Parks and Recreation Board shall consist of no more than 12 members. (c) Appointment. The town board shall select members appoint 11 residents of the Parks and Recreation Board from as many different park districts as shown in the master park and recreation plan as is practicable. One seat on the Parks and Recreation board shall be reserved for a member who is 13 to 19 years old on the date of their appointment and one seat shall be reserved for a member who is over 55 years old on the date of their appointment. One seat member shall be a representative from the Hillsborough Planning Board, selected by that board. A member of the Orange County Parks and Recreation Council may serve as an ex officio member. (d) Terms. Board members shall serve for three-year staggered terms, with the opportunity for reappointment for a second full term. After serving two complete terms and any partial term, a member shall be ineligible for reappointment until one calendar year has expired. Four members shall initially be appointed for three-year terms, four with two-year terms, and four with one-year terms. (e) Staff. The Public Space and Sustainability division shall provide staff support to the Parks and Recreation Board. (f) Meetings. All meeting shall be open to the public. The board shall adopt and publish a regular meeting schedule of not less than four meeting per calendar year. (g) Quorum. A majority of appointed seats shall constitute a quorum. This number may be adjusted for vacancies. Staff and ex officio members are not qualified to vote. (h) Rules of Procedure. The board shall adopt rules of procedure for the conduct of its meetings. Rules of procedure shall be consistent with the procedural requirements of state law.  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 16 of 19 ORDINANCE #20230109-7.A Sec. 3-71. Water and Sewer Advisory Committee There shall be a water and sewer advisory committee, the establishment, powers and duties of which are provided for as follows. (a) Powers and duties. The general charge includes, but is not limited to, the following duties: (1) Receive updates regarding key operational, policy, and financial issues facing the Water & Sewer Enterprise Fund. (2) Request information from staff to stay informed and knowledgeable regarding key issues, concerns, and opportunities facing the Water & Sewer Fund. (3) Offer recommendations to the town board regarding general operational, financial, public information, and other management issues affecting the of the Water & Sewer Fund. (4) The committee will not make recommendations regarding individual personnel matters (e.g., hiring, firing, and disciplinary issues) within the Water & Sewer Fund. (5) The committee will not make recommendations on how to perform projects, their priority, or which consultant or contractor is hired within the Water & Sewer Fund. (b) Membership. The committee will consist of between 6-8 members. The town will strive to maintain an even balance between in-town and out-of-town water/sewer customers, or as close as is reasonable possible. (c) Terms. Committee Members will serve staggered four-year terms, with the opportunity for reappointment for a second full term. After serving two complete terms and any partial term, a member shall be ineligible for reappointment until one calendar year has expired. (e) Staff. The Utilities Administrative division shall provide staff support to the water and sewer advisory committee. (f) Meetings. All meeting shall be open to the public. The board shall adopt and publish a regular meeting schedule of not less than four meeting per calendar year. (g) Quorum. A majority of appointed seats shall constitute a quorum. This number may be adjusted for vacancies. Staff and ex officio members are not qualified to vote. (h) Rules of Procedure. The board shall adopt rules of procedure for the conduct of its meetings. Rules of procedure shall be consistent with the procedural requirements of state law. Sec. 3-72. Tourism Board. (a) Powers and Duties. The Tourism Board shall promote tourism within the Town of Hillsborough, subject to the provisions of chapter 449 of the 1993 Session Laws and the provision of this article. (b) Membership. There is hereby established a Hillsborough Tourism Board composed of nine members appointed by the Board of Commissioners. One individual may be selected to represent more than one of the four groups or organizations listed in this section: (1) One member shall be a member of the Board of Commissioners.  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 17 of 19 ORDINANCE #20230109-7.A (2) One member shall be a member of the Hillsborough Area Chamber of Commerce and shall be chosen by the Board of Commissioners from nominees submitted by the board of directors of the Hillsborough Area Chamber of Commerce. (3) One member shall be chosen by the town board from nominees submitted by the Alliance for Historic Hillsborough, Inc. (4) Four members shall be owners or operators of restaurants in Hillsborough that are affected by the prepared food and beverage tax. (i.e., if a restaurant owner were nominated by the Chamber of Commerce, his selection would satisfy the representation criteria for two of the groups listed in this section). (5) At-large members to bring the total to nine. The at-large members shall either reside within the town, own property within the town, or have a principal place of employment within the town. (c) Terms. Members of the Tourism Board shall serve two-year staggered terms. Initially, five members shall be appointed for two-year terms, beginning January 1, 1994. Members may continue to serve until their successors are appointed and qualified, even if this extends their terms. A vacancy shall be filled for the unexpired term of the member whose seat has become vacant. Members who are selected to represent one of the four groups specified in subsection (b) of this section may continue to serve their full terms regardless of whether they continue to be affiliated with the organization or group they originally represented. Members may be appointed to three successive two-year terms. Following service for three successive two-year terms, a member may not be reappointed until an interval of at least two years has passed. (d) Meetings. The board shall meet at least quarterly on call of the chair or of any three members. All meetings shall be administered in accordance with the Open Meetings Law. (e) Quorum. A quorum for the board shall consist of five members if there are no vacant seats, four members if there are one or two vacant seats, and three members if there are three or more vacant seats. All actions of the board shall be taken by majority vote, a quorum being present. (f) Rules of Procedure. The board shall adopt rules and regulations governing its procedures not inconsistent with the provisions of this article. (g) The board shall receive from the town the net proceeds of the prepared food and beverage tax and, after deducting the cost of its annual audit, shall allocate the remaining proceeds to be used for the purposes listed below. The board shall allocate proceeds each year for purposes stated in both subsections (1) and (2) below. The purposes are: (1) To provide visitor services, including any of the following: a. Operation of a center where visitors can be provided with information about the community, about facilities and businesses in it, and points of historical or cultural interests. b. Production and distribution of a free directory of restaurants to include the name, address, and phone number of each restaurant in the town. c. Production and distribution of pamphlets, film clips, and other informational materials on the community. d. Advertising the town and publicizing special events in it.  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 18 of 19 ORDINANCE #20230109-7.A e. Doing market research pertaining to tourism. f. Responding to mail and telephone inquiries submitted by visitors or potential visitors. g. Providing other services to visitors designed to make their stay pleasant and instructive. (2) To provide facilities, programs, and services designed to attract tourists to the town. (h) The town board retains its authority to establish minimum or maximum allocations of proceeds for specific purpose, provided, however, that the town board may not authorize the use of the tax proceeds for any purpose other than those provided in subsections (g)(1) and (g)(2) of this section. (k) The board may expend funds only for a public purpose, and all funds derived from the prepared food and beverage tax shall be received, held, appropriated, disbursed, and accounted for in accordance with the provisions of the Local Government Budget and Fiscal Control Act. Provided, however, that the Tourism Board shall not purchase any real property, nor shall it spend more than $5,000 for any purpose stated in subsection (g)(2) above except with the town board's prior approval. (l) The board shall report quarterly and at the close of the fiscal year to the Board of Commissioners on its receipts and expenditures for the preceding quarter and fiscal year in such detail as the town board may require. Sec. 3-73. Tourism Development Authority: Appointment and membership. (a) The Tourism Development Authority is hereby created, which shall be a public authority under the Local Government Budget and Fiscal Control Act. (b) Membership. The Tourism Development Authority shall consist of three members appointed by the Board of Commissioners, two of whom shall also be members of the Tourism Board. Members need not reside within the town, but at least one-third of the members must be individuals who are affiliated with businesses that collect the tax in the town, and at least three-fourths one-half of the members must be individuals who are currently active in the promotion of travel and tourism in the town. (c) Terms. Members shall be appointed for terms of one year. The initial terms of all appointees shall expire on January 31 of the year that follows the initial appointments. Subsequent terms shall run from February 1 of one year to January 31 of the following year. Vacancies shall be filled for the remainder of the unexpired term. Members may be appointed to up to six consecutive one-year terms. Sec. 3-74. Meetings of Tourism Development Authority. (a) The Tourism Development Authority shall meet as necessary to carry out its powers and duties as specified below. All meetings shall be held in conformity with the Open Meetings Law. (b) A quorum for the Tourism Development Authority shall consist of three members, except that if one seat is vacant, a quorum shall consist of two members. All actions of the Tourism Development Authority shall be taken by majority vote, a quorum being present. (c) Upon the initial appointment of members to the Tourism Development Authority and upon the commencement of each new term, the Board of Commissioners shall appoint one member to serve as chair of the Tourism Development Authority during that term. If a vacancy occurs during a term, the  Jan. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Feb. 13, 2023 Page 19 of 19 ORDINANCE #20230109-7.A board shall designate another member to serve as chair for the remainder of that term. The chair may take part in all deliberations and vote on all issues. Sec. 3-75. Powers and duties of the Tourism Development Authority. (a) The Tourism Development Authority shall expend the net proceeds of the tax levied under Chapter 8A for the purposes provided in section 8A-4. The authority shall promote travel, tourism, and conventions in the town, sponsor tourist-related events and activities in the town, and finance tourist- related capital projects in the town. The town's finance officer shall serve ex officio as the finance officer for the Tourism Development Authority. (b) The Tourism Development Authority shall report quarterly and at the close of the fiscal year to the board of commissioners on its receipts and expenditures for the preceding quarter and for the year in such detail as the board may require. (c) The Tourism Development Authority may not, without the prior approval of the town board, purchase any real estate, nor may it spend more than $5,000 for any item covered by section 8A-4 without the prior approval of the town board. Secs. 3-76 – 3.79. Reserved. ARTICLE IX. MISCELLANEOUS Sec. 3-80. Oaths and bonds of officers and employees. Sec. 3-81. Absences or disabilities. Sec. 3-82. Automatic resignation when appointees no longer qualify. Sec. 3-83. Disposal of surplus personal property of the town. Sec. 3-84. Manager's authority to purchase apparatus, supplies, materials or equipment. Sec. 3-85. Malt beverages, unfortified wine, fortified wine and mixed beverages on Sunday mornings. Secs. 3-86—3-99. Reserved. This is just a rearrangement – no change to the text of Article IX