Board of Commissioners Regular Meeting

April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 1 of 12 Minutes Board of Commissioners Regular Meeting 7 p.m. April 10, 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, Billing and Customer Service Supervisor Linda Daye, Police Chief Duane Hampton, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Finance Director Dave McCole, Town Manager Eric Peterson 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 Weaver did not read the public charge. 2. Audience comments not related to the printed agenda Residents addressed the board regarding the requirement of backflow preventers: • David Ray • Emily Fisher Ray • Bill Stecker • Leslie Brown • Morgan Moylan • Stuart Knechtle Several Hillsborough property owners with private swimming pools addressed the board with concerns and questions over a letter they received from the Town of Hillsborough that informed them of the requirement to equip their water services with a backflow preventer due to the potential for cross-contamination. Their concerns included cost of the equipment and installation, aesthetics of the equipment and the 60-day period to meet the requirement. Utilities Director Marie Strandwitz answered questions and addressed concerns and provided additional information on the requirement. 3. Agenda changes and approval Item 5D was moved from the consent agenda to item 6B for discussion. Motion: Commissioner Kathleen Ferguson moved to approve the agenda as amended. Commissioner Mark Bell seconded. Vote: 5-0. 4. Appointments A. Tourism Board – Appointment of Smita Patel with a term ending April 10, 2025 Motion: Commissioner Matt Hughes moved to approve the appointment. Ferguson seconded. Vote: 5-0.  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 2 of 12 5. Items for decision – consent agenda A. Minutes – Regular meeting March 13, 2023 – Work session March 27, 2023 B. Miscellaneous budget amendments and transfers C. Resolution Authorizing Memorandum of Agreement with North Carolina Emergency Management for Disaster Relief and Mitigation Grant for Valley Forge Road D. Amendment to Town Code Sections 14-15 (Bill Adjustments) and 14-19 (Irrigation System Requirements) E. Modification to Town Code Section Appendix 7B regarding Utility Cut Permits F. Classification and pay amendment G. Proclamation Recognizing April as Sexual Assault Awareness Month Motion: Ferguson moved to approve all items on the amended consent agenda. Hughes seconded. Vote: 5-0. 6. Items for decision – regular agenda A. Flush Fest community event and fundraiser for non-profit, After the Rain Planning and Economic Development Planner Shannan Campbell introduced a request for street closure for Flush Fest, a community event and fundraiser. Grace Beeler, one of the founders of the festival, provided details for the request. Board members discussed the potential difficulties for emergency services and police to staff the event. There was support to allow the event to continue, but the request for street closure was denied. Motion: Hughes moved to deny the road closure request. Ferguson seconded. Vote: 5-0. B. Amendment to Town Code Sections 14-15 (Bill Adjustments) and 14-19 (Irrigation System Requirements) Commissioner Matt Hughes proposed an amendment to Section 14-15(f) of the Code of Ordinances concerning appeals to denied water bill adjustment requests. The amendment established an appeal period for denied adjustment requests. The customer may submit an appeal to the Water and Sewer Advisory Committee. The amendment was approved, as was the ordinance. Motion: Hughes moved to amend the proposed amendment. Ferguson seconded. Vote: 5-0. Motion: Hughes moved to approve the ordinance as amended. Ferguson seconded. Vote: 5-0. C. Hot topics for work session April 24, 2023 At the work session on April 24, Mayor Weaver will deliver her State of the Town Address. 7. Updates Board members gave updates on the committees and boards on which they serve. 8. Adjournment Weaver adjourned the meeting at 9 p.m.  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 3 of 12 Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 4 of 12 RESOLUTION #20230410-5.C RESOLUTION Authorizing Memorandum of Agreement with North Carolina Emergency Management for Disaster Relief and Mitigation Grant for Valley Forge Road WHEREAS, Valley Forge Road at the crossing of Cates Creek has suffered repetitive losses due to flood damage and insufficient storm drain infrastructure; and WHEREAS, the town has undertaken a project to replace the storm drains, shore up the road bed and repave the road; and WHEREAS, North Carolina Emergency Management (NCEM) has approved funding of up to $1,000,000 from the Disaster Relief and Mitigation Fund (DRMF) for the Valley Forge Road culvert replacement project; and WHEREAS, a Memorandum of Agreement (MOA) between the town and NCEM must be executed by April 29, 2023 to accept the grant award; and WHEREAS, town staff has reviewed the attached documents and are supportive of approval of the MOA; NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners hereby authorizes the town manager to execute the Memorandum of Agreement with North Carolina Emergency Management for the Disaster Relief and Mitigation Fund award for the Valley Forge Road culvert repair project. Approved this 10th day of April in the year 2023. Jenn Weaver, Mayor Town of Hillsborough  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 5 of 12 ORDINANCE #20230410-5.E ORDINANCE Amending Town Code Chapter 7, Appendix B, Section 3.1.6 The Hillsborough Board of Commissioners ordains: Section 1. Purpose Hillsborough Town Code Chapter 7, Appendix B sets out standards for outside entities performing work in the town’s right of way. Section 3.1.6 requires an outside contractor to obtain a Utility Cut Permit for work that includes cuts to the pavement of town-owned streets. The intent of the requirement, and the actual application by staff, is that any work by an outside entity that requires cuts to the town’s right of way, be it paved or unpaved, is subject to the Utility Cut Permit requirement. Section 2. The town code is hereby amended as follows: (a) 3.1.6. If any portion of the town’s right of way will be cut as part of the project, a utility cut permit will also be required, which has additional provisions including an additional notification to the town 48 hours prior to the cut. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 10th day of April in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 6 of 12 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 43,655 56,752 69,848 N 605 EQUIPMENT OPERATOR III 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  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 7 of 12 12 58,502 76,053 93,604 N 1208 SENIOR COMMUNICATIONS SPECIALIST 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 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  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 PROCLAMATION Page 8 of 12 PROCLAMATION #20230410-5.G Recognizing April 2023 as Sexual Assault Awareness Month WHEREAS, the nonprofit Orange County Rape Crisis Center assisted over 900 survivors of sexual violence, their loved ones, and community professionals during 2022 and has served this community since 1974; and WHEREAS, the Orange County Rape Crisis Center works with the county’s two school systems and other groups to provide students with age-appropriate information about violence prevention, reaching over 15,500 youth and adults each year; and WHEREAS, the Orange County Rape Crisis Center is meeting a community need by opening a second location in Hillsborough in 2023; and WHEREAS, the Orange County Domestic Violence and Sexual Assault Response Committee is bringing together members of law enforcement, the medical community, the legal system and other community advocates to improve services for survivors of sexual assault who come forward; and WHEREAS, one in five American women have been sexually assaulted at some point in their lives; and WHEREAS, rape is the costliest crime to its survivors in the United States, totaling over $3 trillion in lifetime costs considering factors such as medical cost, lost earnings, pain, suffering and lost quality of life; and WHEREAS, 81% of women and 24% of men in the United States have experienced some form of sexual or physical violence committed by an intimate partner; and WHEREAS, trans and gender non-conforming people, people with disabilities and children face the highest rates of sexual violence in our country; and WHEREAS, victim-blaming continues to be an enormous problem in instances of rape and sexual assault; and WHEREAS, the Orange County Rape Crisis Center is working to stop sexual violence and its impact through support, education and advocacy; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim April 2023 as Sexual Assault Awareness Month in the Town of Hillsborough and encourage all residents to speak out against sexual violence and to support their local community’s efforts to prevent and respond to these appalling crimes. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 10th day of April in the year 2023. Jenn Weaver, Mayor Town of Hillsborough  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 9 of 12 ORDINANCE #20230410-6.B ORDINANCE Revisions to Sections 14-15 and 14-19 of Town Code of Ordinances The Hillsborough Board of Commissioners ordains: Section 1. Section 15 of Chapter 14 of the Town Code of Ordinances, “Calculation of bill where equipment fails and leak adjustments,” is replaced in its entirety as follows: Sec. 14-15. - Billing adjustments. Wasted clean water results in high utility bills for individual customers and higher rates for all customers. The town strives to promptly notify customers when usage is higher than normal as flagged in its meter reading and billing system. Customers shall promptly address any visible or suspected leakage, including high usage notices from the town. Leakage may include visible standing water in a crawl space or yard, a dripping faucet, or a running toilet due to a failed flapper or valve. When a customer receives a higher-than-normal bill, it is recommended that detailed notes with dates of corrective investigation, repair activity and communication regarding the high usage be preserved by customers in anticipation of supporting an adjustment request. This would include tenant/landlord communications in which a tenant may not have control over the promptness of leak repairs yet is responsible for paying the utility bill. (a) Meter Failure: If the meter fails to register the use of water by the customer, the customer's bill will be recalculated based on the average of the previous six months of usage, or on the available usage data, if less than six months. (b) Water Leak: If the customer demonstrates to the reasonable satisfaction of the town that a break in the water line on the customer’s side of the meter or other plumbing failure has resulted in extraordinary charges, the town may recalculate the customer’s bill upon request using the procedures set forth in this section. Qualifications for an adjustment include: (1) The customer will be allowed one leak adjustment per rolling 12-month period when sufficient documentation has been provided to support the claim for an adjustment. Documentation includes a plumber, customer, or facility maintenance person’s invoice and paid receipt along with an explanation of the situation on form(s) prescribed by the town. (2) If the timing of a leak happens to split billing periods and the leak was repaired promptly as supported through narrative and documentation, an adjustment could be made for up to two consecutive billing cycles. (3) A request for a leak adjustment must be made no later than 60 days after receipt of the first bill in which high usage was noted. (c) Special Irrigation Needs: Irrigation for newly laid sod or landscaping shall only be considered once every five years per residential address and only for a non-commercial entity. The  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 10 of 12 ORDINANCE #20230410-6B customer shall adhere to all conditions of Section 14-19. Credit shall only be provided to the sewer portion of a bill for the amount used over the past six months average use or available usage data, if less than six months, and only if the customer is billed for sewer service. (d) Situations that generally do not qualify and will be at the Financial Services Department Director’s discretion for billing adjustments include: (1) Vandalism or theft, unless documented through a police report. (2) Avoidable circumstances such as leaving a faucet running or failure to repair a known leak in a timely manner. (e) The following will not be considered for billing adjustments: (1) Pool filling. (2) Pressure washing. (3) Vehicle washing. (4) Meter tampering. (5) Situations that are reimbursable by others such as insurance or through restitution. (f) Customers requesting an adjustment shall complete the form prescribed by the town in detail and provide all requested documentation in support of their request. The town retains the right to reject all adjustment requests for incomplete or missing information, and for unallowable or careless situations. The Financial Services Department Director can use discretion in evaluating any unique circumstances presented. (1) Customers requesting an adjustment shall have accounts in good standing and no instances of meter tampering by that customer. (2) Notice of an appeal from a denied adjustment request may be presented by the customer to the Water and Sewer Advisory Committee, a volunteer committee appointed by the town board to make recommendations regarding the town’s Water and Sewer (Enterprise) Fund, at a regularly scheduled meeting with advance request within 60 days of such denial. The Committee shall review the adjustment request, hear any additional information from the customer, and make a recommendation back to the Financial Services Department Director to stay or reconsider the adjustment. The Water and Sewer Advisory Committee does not have the authority to make the determination. The Financial Services Department Director has the final decision- making authority. (g) Customers shall continue paying all monthly bills in full while the adjustment is being reviewed. Standard billing practices will continue to apply regarding penalties, fees, and disconnections. (h) The Financial Services Department will only discuss billing accounts with the account holder unless the account holder provides written permission for others with which to discuss their account details.  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 11 of 12 ORDINANCE #20230410-6B (i) All adjustments will be applied to the active water and sewer account and will only be refunded by check if the account is closed. (j) No adjustment shall result in the bill being lower than the minimum base charges for that account. Section 2. Modify the first sentence of Section 19(a) of Chapter 14 of the Town Code of Ordinances, “Irrigation system requirements,” to read, “Spray irrigation, including temporary systems installed for the establishment of sod and landscaping, shall not occur more than three days per week.” Section 3. Replace Section 19(d)(2) of Chapter 14 of the Town Code of Ordinances, “Irrigation system requirements,” in its entirety with the following language: “Supplemental irrigation permits may be purchased by customers who need to be released from the above regulations to protect new plantings. The permit price is in the town’s annual adopted fee schedule. The duration of the permit is 90 days from the issue date. To be eligible to receive a permit, a property must have an active building permit, or have received a certificate of completeness (occupancy) permit issued within the previous 90 days, or once every five years per address. Permits shall not be issued during water restrictions of Stage 2 or higher as defined in Section 14-40.3. Adjustments to the sewer portion of a bill may be available to noncommercial entities pursuant to Section 14-15(c) during the period of the permit.” Section 4. Add Section 19(e) to Chapter 14 of the Town Code of Ordinances, “Irrigation system requirements” as follows: (e) Penalties. (1) The following penalties shall be incurred for violations of this section: Violation 1st 2nd 3rd 4th 5th Warning Warning $250 $500 $1000 (2) Should the violations reach beyond the 5th, the town may shut off the irrigation meter until compliance is demonstrated. Continued noncompliance may result in a civil suit. Section 5. This ordinance shall become effective upon adoption. [signature adoption page follows]  April 10, 2023 Board of Commissioners Regular Meeting Approved: ____________________ May 22, 2023 Page 12 of 12 ORDINANCE #20230410-6B The foregoing ordinance having been submitted to a vote, received the following vote, and was duly adopted this 10th day of April in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk