Board of Commissioners Regular Meeting

Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 Page 1 of 11 Minutes Board of Commissioners Regular Meeting 7 p.m. Sept. 11, 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, Assistant Town Manager and Community Services Director Matt Efird, Budget and Management Analyst Josh Fernandez, Environmental Engineering Supervisor Bryant Green, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Communications Specialist JC Leser, Town Manager Eric Peterson, Utilities Director Marie Strandwitz, Public Space and Sustainability Manager Stephanie Trueblood, Police Major Jason Winn and Communications Manager Catherine Wright Opening of the meeting Mayor Jenn Weaver called the meeting to order at 7 p.m. Weaver took a moment to recognize the sacrifices made by those impacted from the terrorist attacks on Sept. 11, 2001. 1. Public charge Weaver did not read the public charge. 2. Audience comments not related to the printed agenda There was none. 3. Agenda changes and approval Staff asked to remove the following items from the agenda: • Item 7C: Acceptance of water and sewer utilities in Harmony at Waterstone (Parcel 17) • Item 8B: Unified Development Ordinance text amendment – Section 6.17, Sidewalks (Staff Initiated) Motion: Commissioner Mark Bell moved to approve the agenda as amended. Commissioner Kathleen Ferguson seconded. Vote: 4-0. Absent: Commissioner Robb English 4. Public hearing A. Public hearing to collect public comment on system development fees Motion: Commissioner Matt Hughes moved to open the public hearing. Ferguson seconded. Vote: 4-0. Absent: English There were no public comments at this time. Motion: Ferguson moved to close the public hearing. Hughes seconded. Vote: 4-0. Absent: English  Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 Page 2 of 11 Commissioner Robb English joined the meeting at 7:04 p.m. 5. Presentations A. Update presentation for the U.S. 70 Multimodal Corridor Plan Orange County Transportation Services Director Nish Trivedi provided an update on the draft report regarding existing conditions for the U.S. 70 corridor, public workshop outcomes, and next steps for potential widening of the corridor with multimodal accommodations. Trivedi informed the board that the town’s comprehensive sustainability plan would be met for any portion of the development in Hillsborough. The study found several key results: • Traffic has returned to pre-COVID levels and includes higher speeds and more trucks. • Some locations have high crash rates and speeds. • Pedestrian and bicycle improvements are needed. • Moderate, localized traffic growth is expected. • Rail right of way constrains parts of the western corridor. • Interstate 85 improvements are critical to U.S. 70 traffic. • Full access to U.S. 70 is needed at the I-85 connector. • N.C. 86 and N.C. 57 access via U.S. 70 is important. A second round of project suggestions and public participation will be offered this fall. 6. Appointments A. Board of Adjustment – Re-appointment of Portia Made-Jamison for a term ending Sept. 30, 2026 B. Tree Board – Appointment of Jon Simpson for a term ending Sept. 30, 2026 C. Planning Board – Appointment of Christian Schmidt for a term ending Sept. 30, 2026 Motion: Hughes moved to approve all appointments. Ferguson seconded. Vote: 5-0. 7. Items for decision – consent agenda A. Minutes – Regular meeting Aug.14, 2023 – Special meeting Aug. 28, 2023 – Work session with joint Water and Sewer Advisory Committee meeting Aug. 28, 2023 B. Miscellaneous budget amendments and transfers C. Acceptance of Water and Sewer Utilities in Harmony at Waterstone (Parcel 17) D. Approval of a water and sewer extension contract for 420 W. Tryon St. Motion: Bell moved to approve all items on the amended consent agenda. Ferguson seconded. Vote: 5-0. Nays: None. 8. Items for decision – regular agenda A. Unified Development Ordinance text amendment: Section 6.13.3.4, Minimum Number of Parking Spaces Required – Places of Worship (Applicant Initiated) Planning and Economic Development Manager Shannan Campbell presented the topic and shared that the text amendment for the Unified Development Ordinance is applicant initiated. She highlighted the special parking needs of places of worship and the flexible parking needs for holidays and special events.  Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 Page 3 of 11 Ferguson expressed displeasure at the unilateral application of this text amendment, sharing her belief that the downtown area should have different parking requirements. Bell agreed with Ferguson and suggested the problem could be fixed in the next ordinance rewrite. Weaver shared that the board must consider the parking considerations, the town’s comprehensive sustainability plan, future transportation and the urban/rural divide both now and with a future rewrite of the ordinance. Ferguson said it would be more sustainable to add parking for this location now. She said if the church moved, parishioners likely would remain with it and drive further, hindering sustainability goals. A member of the Holy Family Catholic Church said that the church encourages sustainability. He noted the sustainability plan focuses on the urban and downtown area, which the church property is not within. Motion: Hughes moved to adopt the ordinance amendment as recommended by the Planning Board. English seconded. Lloyd commended the church for its growth and agreed with Ferguson that the town should allow for more parking. Vote: 2-3. Nays: Bell, Ferguson and Lloyd Motion: Ferguson moved to adopt an ordinance and consistency statement amending the Unified Development Ordinance parking standard for churches and places of worship to a minimum of 1 per 8 seats or a maximum of 1 per 2.5 seats. Lloyd seconded. Vote: 3-2. Nays: Hughes and English. B. Unified Development Ordinance text amendment- Section 6.17, Sidewalks (Staff Initiated) C. Resolution to adopt system development and capital facilities fees When asked by Ferguson, Town Manager Eric Peterson expressed his support for the fees and the more equitable structure of fees by bedrooms for residential properties. Motion: Ferguson moved to adopt the amended resolution. Hughes seconded. Vote: 5-0. D. Hot topics for work session Sept. 25, 2023 The following was noted for inclusion: • Update on the transit-oriented development site. • Ridgewalk greenway feasibility study. • Coordination among staff regarding development proposals and projects. 9. 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 were no additional reports. 10. Adjournment  Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 Page 4 of 11 Mayor Weaver adjourned the meeting at 8:23 p.m. Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners  Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 TOWN OF HILLSBOROUGH Page 5 of 11 FY 2023-2024 BUDGET CHANGES REPORT DATES: 09/11/2023 TO 09/11/2023 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET GF 10-00-9990-5300-000 CONTINGENCY Contingency To cover safety divident program. 41149 09/11/2023 JFernandez 450,000.00 -4,855.00 258,226.00 Safety & 10-10-6600-5300-571 SAFETY AWARDS PROGRAM Risk Mgmt. To cover safety divident program. 41150 09/11/2023 JFernandez 15,120.00 4,855.00 19,975.00 Police 10-20-5100-5300-458 DATA PROCESSING SERVICES To cover Central Square annual contract 41148 09/11/2023 EBRADFORD 25,310.00 1,000.00 26,310.00 Police 10-20-5100-5300-730 DRUG ENFORCEMENT OPERATIONS To cover Central Square annual contract 41147 09/11/2023 EBRADFORD 5,000.00 -1,000.00 3,632.00 Admin 30-80-7200-5300-571 SAFETY AWARDS PROGRAM of Enterprise To cover safety divident program. 41152 09/11/2023 JFernandez 0.00 2,826.00 2,826.00 Utilities 30-80-7220-5100-020 SALARIES Admin. To cover WWTP intern 41145 09/11/2023 EBRADFORD 368,043.00 2,500.00 370,543.00 W&S 30-80-9990-5300-000 CONTINGENCY Contingency To cover WWTP intern 41146 09/11/2023 EBRADFORD 400,000.00 -2,500.00 286,250.00 To cover safety divident program. 41151 09/11/2023 JFernandez 400,000.00 -2,826.00 283,424.00 Storm- 35-30-5900-5300-570 MISCELLANEOUS Water To cover safety divident program. 41154 09/11/2023 JFernandez 26,374.00 -191.00 25,183.00 Storm- 35-30-5900-5300-571 SAFETY AWARDS PROGRAM Water To cover safety divident program. 41153 09/11/2023 JFernandez 0.00 191.00 191.00 0.00 APPROVED: 5/0 DATE: 9/11/23 VERIFIED: ___________________________________ JFernandez 09/05/2023 9:27:56AM Page 1 of 1 fl142r03  Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 Page 6 of 11 ORDINANCE #20230911-8.A ORDINANCE Amending the Unified Development Ordinance of the Town of Hillsborough The Hillsborough Board of Commissioners ordains the following amendments: 6.13.3.4 Table: MINIMUM NUMBER OF PARKING SPACES REQUIRED Use Type Parking Standard Adult Day Care 1 per staff person plus 1 per 8 clients Adult Use 1 per 200 sf GFA Amusement arcade 1 per game table, video game or amusement device Athletic Field 10 spaces Artisan Studio 1 per 300 sf GFA Bank & Financial Institution 1 per 300 sf GFA Bar 1 per 2 seats Bed and Breakfast Facility 1 per guest room + 2 for owner’s residence Billiard or Pool Hall 2 per table or lane Botanical Garden & Arboretum 2 spaces per acre Brewery 1 space per employee + 1 space per every 2 seats in a public tasting room area + 1 space per 300 sf GFA of any retail/merchandise areas + 1 space per 75 sf GFA of any restaurant areas Building/Trade Contractor’s 1 per 300 sf GFA office Cemetery None Child Day Care 1 per staff person plus 1 per 8 students Church, Place of worship 1 per 8 seats (minimum) or 1 per 2.5 seats (maximum) Detention facility 1 per staff person on max employment shift plus 10 visitor spaces Dwelling: Accessory 2 per primary dwelling plus 1 per bedroom in accessory dwelling Dwelling: Attached (1-4 units) 2 per unit Dwelling: Attached (5-19 units) 2 per unit 2 per unit when the development has 100 or fewer units, 1 per bedroom plus 1 visitor space per 25 units Dwelling: Attached (20+ units) when the development has more than 100 units Dwelling: attached (20+ units, 1 space per bedroom and no more than 2 spaces per 100% of units affordable to unit. households making 80% AMI or less at time of construction)  Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 Page 7 of 11 ORDINANCE #20230911-8.A Dwelling: Mobile Home A NA Dwelling: Mobile Home B NA Dwelling: Mobile Home C NA Dwelling: Single-family NA Electronic Gaming Operation none Event Center 1 per 100 sf GFA Extended Care Facility 0.3 per room Family Care Home 0.3 per room The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 11th day of September in 2023. Ayes: 3 Noes: 2 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 Page 8 of 11 ORDINANCE #20230911-8.A  Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 Page 9 of 11 TOWN BOARD OF COMMISSIONERS Consistency Statement per Sec�on 160D-604(d) Text Amendment Request from: Holy Family Catholic Parish of Hillsborough September 11, 2023 The Town of Hillsborough Board of Commissioners has received and reviewed the applica�on from Holy Family Catholic Parish of Hillsborough to amend the Town of Hillsborough Unified Development Ordinance as follows: Amend UDO §6.13.3.4 (Table: Minimum Number of Parking Spaces Required) to change the parking requirement for “Church, Place of Worship” from 1 space per 8 seats to 1 space per 8 seats (minimum) and 1 space per 2.5 seats (maximum). The Hillsborough Board of Commissioners has determined the proposed ac�on is consistent with the Town of Hillsborough’s Comprehensive Sustainability Plan for the following reason(s): 1. The amendment is consistent with the Transporta�on and Connec�vity Chapter goal to “Develop and maintain a safe, efficient, and sustainable mul�modal transporta�on system (including bicycle, pedestrian, and transit op�ons) that offers alterna�ves to single-occupancy vehicle trips and promotes health and access to area jobs, des�na�ons, and services.” Strategy: Adopt regula�ons that contribute to mee�ng iden�fied transporta�on and connec�vity needs in town. Adopted by the Hillsborough Board of Commissioners this 11th day of September 2023. Ayes: 3 Noes: 2 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 Page 10 of 11 RESOLUTION #20230911-8.C RESOLUTION Adopt Utilities System Development and Capital Facilities Fees WHEREAS, North Carolina General Statute Chapter 162A Article 8: System Development Fees sets forth the methodology and procedures for calculating, adopting and the collection of fees pertaining to water and sewer capacity for certain types of development impacting local government water and sewer providers; and WHEREAS, the town retained Raftelis Financial Consultants to conduct a System Development Fee analysis and recommend System Development Fees in accordance with Chapter 162A, Article 8 of the North Carolina General Statutes; and WHEREAS, the town has publicly noticed the System Development Fee analysis report and provided an avenue for written public comment during the 45-day notice period via its website beginning on July 25, 2023 and followed with a public hearing on September 11, 2023; and WHEREAS, the town has also established Capital Facilities Fees which are similar to System Development Fees yet are not defined as one of the three System Development Fee scenarios outlined in Chapter 162A, Article 8 of the North Carolina General Statutes; and WHEREAS, Section 14-71 of the town code of ordinances defines and establishes the payment of such System Development Fees and Capital Facilities Fees; and WHEREAS, the proposed System Development and Capital Facilities Fees are as follows: Residential Water Sewer Total One-bedroom $1,091 $1,166 $2,257 Two-bedroom $2,181 $2,333 $4,514 Three-bedroom $3,272 $3,499 $6,771 Four-bedroom $4,363 $4,666 $9,029 Five-bedroom $5,453 $5,832 $11,286 Six-bedroom $6,544 $6,999 $13,543 Non-Residential Fees will be based upon the NCAC 2T .0114 design values multiplied by the calculated capacity cost per gallon of $9.09 for water and $9.72 for sewer, or by dividing the estimated flow demonstrated by the applicant from a history of water use from similar facilities by 120 gallons per day. Design value examples: Business/office $227/employee $243/employee $470/employee Restaurant $364/seat $389/seat $752/seat Store – no food service $909/1,000 sq. ft. $972/1,000 sq. ft. $1,881/1,000 sq. ft. Hotel – no room kitchen $1,091/room $1,166/room $2,257/room and such fees will be published in the town’s fees and charges schedule;  Sept. 11, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Oct. 9, 2023 Page 11 of 11 RESOLUTION #20230911-8.C NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners adopts the above fees or as amended in the record effective immediately. Approved this 11th day of September of the year 2023. Jenn Weaver, Mayor Town of Hillsborough Attestation: Sarah Kimrey, Town Clerk