Board of Commissioners Regular Meeting

Aug. 12, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Sept. 9, 2024 Page 1 of 9 Minutes Board of Commissioners Regular Meeting 7 p.m. Aug. 12, 2024 Board Meeting Room, Town Hall Annex, 105 E. Corbin St. Present: Mayor Mark Bell and commissioners Meaghun Darab, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Absent: Kathleen Ferguson (Remote) Staff: Safety and Risk Manager Phil Cundiff, Environmental Engineering Supervisor Bryant Green, Police Chief Duane Hampton, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, Utilities Director Marie Strandwitz and Public Space and Sustainability Manager Stephanie Trueblood Opening of the meeting Mayor Mark Bell called the meeting to order at 7 p.m. 1. Public charge Bell did not read the public charge. 2. Audience comments not related to the printed agenda Orange County resident Pat Barnes asked the board why pride banners are flown in town for Pride Month, but other national celebrations are not recognized with banners. Commissioner Matt Hughes defended the town’s choice to fly pride banners and suggested that other marginalized groups could come before the board to request banners for their groups’ celebrations. 3. Agenda changes and approval There were none. Motion: Hughes moved to approve the agenda as presented. Commissioner Meaghun Darab seconded. Vote: 4-0. 4. Appointments A. Tree Board – Appointment of Brian Mayell for a term ending Aug. 30, 2027 Motion: Commissioner Robb English moved to approve the appointment. Darab seconded. Vote: 4-0. 5. Items for decision – consent agenda A. Minutes – Budget work session June 3, 2024 – Regular meeting June 10, 2024  Aug. 12, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Sept. 9, 2024 Page 2 of 9 – Work session June 24, 2024 – Work session closed session June 24, 2024 – Special meeting July 15, 2024 B. Miscellaneous budget amendments and transfers C. Proclamation – Women’s Equality Day 2024 D. Ordinance amending Article VII – Recreation, Section 3-49.a – Skateboard Park Regulations E. Collins Ridge Phase 1A partial water and sewer acceptance – Gold Hill Way water main and Orange Grove Road sewer outfall Motion: Hughes moved to approve all items on the consent agenda. Commissioner Evelyn Lloyd seconded. Vote: 4-0. Nays: None. 6. Items for decision - regular agenda A. Hot topics for work session Aug. 26, 2024 Hot topics for the upcoming work session include: • Water and Sewer Advisory Committee meeting • 128 W. Margaret Lane rezoning request • Waterstone South annexation and rezoning request • An update on the town’s strategic plan 7. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager Town Manager Eric Peterson introduced Safety and Risk Manager Phil Cundiff. C. Staff (written reports in agenda packet) There were no additional updates. Motion: Hughes moved to go into closed session. Lloyd seconded. Vote: 4-0. 8. Closed session A. Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(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) Motion: Hughes moved to return to open session. Lloyd seconded. Vote: 4-0. 9. Adjournment The mayor adjourned the meeting at 8:34 p.m. Respectfully submitted,  Aug. 12, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Sept. 9, 2024 Page 3 of 9 Sarah Kimrey Town Clerk Staff support to the Board of Commissioners  Aug. 12, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Sept. 9, 2024 TOWN OF HILLSBOROUGH Page 4 of 9 FY 2024-2025 BUDGET CHANGES REPORT DATES: 08/12/2024 TO 08/12/2024 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET GF 10-00-3900-3900-000 FUND BALANCE APPROPRIATION Fund Bal. Re-budget lapsed phyc care funds from FY24 45466 08/12/2024 EBRADFORD 3,260,960.00 12,000.00 3,272,960.00 GF 10-00-9990-5300-000 CONTINGENCY Contingency To cover animal services and central square rms. 45422 08/12/2024 JFernandez 450,000.00 -4,798.00 445,202.00 To cover increased PW building rental fee 45471 08/12/2024 EBRADFORD 450,000.00 -1,500.00 443,702.00 To cover RTV purchase price increase. 45482 08/12/2024 JFernandez 450,000.00 -40.00 443,662.00 To cover increase in vehicle cost. 45487 08/12/2024 JFernandez 450,000.00 -2,050.00 441,612.00 To cover refrigerator diagnostic and replacement. 45493 08/12/2024 JFernandez 450,000.00 -2,465.00 439,147.00 Gov. 10-10-4100-5300-145 MAINTENANCE - BUILDINGS Body To cover refrigerator diagnostic and replacement. 45492 08/12/2024 JFernandez 250.00 2,465.00 2,715.00 Comms 10-10-4600-5300-113 LICENSE FEES Move website support to correct line. 45479 08/12/2024 JFernandez 13,998.00 -3,000.00 10,998.00 Comms 10-10-4600-5300-570 MISCELLANEOUS Move website support to correct line. 45480 08/12/2024 JFernandez 6,200.00 3,000.00 9,200.00 Police 10-20-5100-5300-458 DATA PROCESSING SERVICES To cover central square rms. 45423 08/12/2024 JFernandez 26,100.00 3,510.00 29,610.00 Police 10-20-5100-5300-463 C.S./O.C. ANIMAL CONTROL To cover animal services. 45424 08/12/2024 JFernandez 83,985.00 1,288.00 85,273.00 Police 10-20-5100-5300-570 MISCELLANEOUS Re-budget lapsed phyc care funds from FY24 45465 08/12/2024 EBRADFORD 4,000.00 12,000.00 16,000.00 Streets 10-30-5600-5300-363 RENTAL - BUILDING To cover increased building rental fee 45470 08/12/2024 EBRADFORD 7,100.00 1,500.00 8,600.00 Streets 10-30-5600-5300-583 MISC-TAX, TAGS, ETC. To cover increase in vehicle cost. 45486 08/12/2024 JFernandez 2,006.00 50.00 2,056.00 Streets 10-30-5600-5700-740 CAPITAL - VEHICLES To cover increase in vehicle cost. 45485 08/12/2024 JFernandez 67,100.00 2,000.00 69,100.00 Solid 10-30-5800-5700-741 CAPITAL - EQUIPMENT Waste To cover RTV purchase price increase. 45481 08/12/2024 JFernandez 23,000.00 40.00 23,040.00 WSF 30-80-3900-3900-000 FUND BALANCE APPROPRIATED Fund Bal. Re-appropriate lapsed funds for Dist/Coll projects 45464 08/12/2024 EBRADFORD 406,244.00 305,900.00 712,144.00 Hydraulic modeling software/syst pressure monitors45478 08/12/2024 JFernandez 406,244.00 110,000.00 822,144.00 Utilities 30-80-7220-5300-113 LICENSE FEES Admin. To cover hydraulic modeling software. 45475 08/12/2024 JFernandez 12,800.00 50,000.00 62,800.00 Utilities 30-80-7220-5300-455 C.S./ENGINEERING Admin. To cover long-term flow monitoring. 45474 08/12/2024 JFernandez 110,000.00 100,000.00 210,000.00 Billing 30-80-7240-5300-145 MAINTENANCE - BUILDINGS & Collect. To cover B&C building maintenance 45456 08/12/2024 EBRADFORD 0.00 500.00 500.00 WTP 30-80-8120-5300-145 MAINTENANCE - BUILDINGS To cover WTP HVAC maintenance contract. 45488 08/12/2024 JFernandez 6,000.00 -2,410.00 3,590.00 WTP 30-80-8120-5300-473 MAINTENANCE CONTRACTS To cover WTP maintenance contract. 45425 08/12/2024 JFernandez 6,340.00 128.00 6,468.00 To cover WTP HVAC maintenance contract. 45489 08/12/2024 JFernandez 6,340.00 2,410.00 8,878.00 WTP 30-80-8120-5300-494 C.S./PUMP STA.MONITORING JFernandez 08/05/2024 5:06:53PM Page 1 of 3 fl142r03  Aug. 12, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Sept. 9, 2024 TOWN OF HILLSBOROUGH Page 5 of 9 FY 2024-2025 BUDGET CHANGES REPORT DATES: 08/12/2024 TO 08/12/2024 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET To cover Mission Communications monitoring bill.45418 08/12/2024 JFernandez 1,650.00 109.00 1,759.00 WFER 30-80-8130-5300-330 SUPPLIES - DEPARTMENTAL To cover Mission Communications monitoring bill.45421 08/12/2024 JFernandez 2,500.00 -26.00 2,474.00 WFER 30-80-8130-5300-412 C.S./MONITORING MISSION UNIT To cover Mission Communications monitoring bill.45420 08/12/2024 JFernandez 660.00 26.00 686.00 Water 30-80-8140-5300-130 UTILITIES Dist. To cover propane PO into correct account. 45450 08/12/2024 JFernandez 43,000.00 -1,792.00 41,208.00 Water 30-80-8140-5300-154 MAINTENANCE - GROUNDS Dist. To cover landscaping PO. 45447 08/12/2024 JFernandez 27,000.00 3,000.00 30,000.00 Water 30-80-8140-5300-310 GASOLINE Dist. To cover propane PO into correct account. 45451 08/12/2024 JFernandez 23,730.00 1,792.00 25,522.00 Water 30-80-8140-5300-330 SUPPLIES - DEPARTMENTAL Dist. For rental of bypass pump. 45468 08/12/2024 JFernandez 120,000.00 -8,500.00 111,500.00 Water 30-80-8140-5300-351 RENTAL - EQUIPMENT Dist. For rental of bypass pump. 45469 08/12/2024 JFernandez 2,000.00 8,500.00 10,500.00 Water 30-80-8140-5700-729 CAPITAL - INFRASTRUCTURE Dist. S Tank, Forest Ridge, Blair Dr, New Brady Brow BPS 45461 08/12/2024 EBRADFORD 160,000.00 69,300.00 229,300.00 Water 30-80-8140-5700-741 CAPITAL - EQUIPMENT Dist. To cov er system pressure monitors. 45476 08/12/2024 JFernandez 0.00 60,000.00 60,000.00 WW 30-80-8200-5300-130 UTILITIES Collect. To cover propane PO into correct account. 45448 08/12/2024 JFernandez 56,000.00 -532.00 55,468.00 WW 30-80-8200-5300-154 MAINTENANCE - GROUNDS Collect. To cover landscaping PO. 45446 08/12/2024 JFernandez 35,000.00 -3,000.00 32,000.00 WW 30-80-8200-5300-165 MAINTENANCE - INFRASTRUCTURE Collect. Timbers, Coachwood, Dixie & Woodsedge PS Repair 45462 08/12/2024 EBRADFORD 137,000.00 43,100.00 180,100.00 WW 30-80-8200-5300-310 GASOLINE Collect. To cover propane PO into correct account. 45449 08/12/2024 JFernandez 24,990.00 532.00 25,522.00 WW 30-80-8200-5300-330 SUPPLIES - DEPARTMENTAL Collect. To cover collection system annual permit fee. 45483 08/12/2024 JFernandez 70,000.00 -300.00 69,700.00 WW 30-80-8200-5300-530 DUES & SUBSCRIPTIONS Collect. To cover collection system annual permit fee. 45484 08/12/2024 JFernandez 2,200.00 300.00 2,500.00 WW 30-80-8200-5700-741 CAPITAL - EQUIPMENT Collect. Cemetery, Gov Burke, TIny Tots, Shelton PS Repairs 45463 08/12/2024 EBRADFORD 0.00 193,500.00 193,500.00 WWTP 30-80-8220-5300-145 MAINTENANCE - BUILDINGS To cover WWTP HVAC maintenance contract. 45490 08/12/2024 JFernandez 4,140.00 -3,972.00 168.00 WWTP 30-80-8220-5300-413 C.S./DI WATER SYSTEM SERVICE Dionize water system increase 42164 08/12/2024 EBRADFORD 4,300.00 233.00 4,533.00 To cover DI Wtr Sys Service increased cost 42166 08/12/2024 EBRADFORD 4,300.00 20.00 4,553.00 WWTP 30-80-8220-5300-473 MAINTENANCE CONTRACTS To cover WWTP HVAC maintenance contract. 45491 08/12/2024 JFernandez 30,250.00 3,972.00 34,222.00 WWTP 30-80-8220-5300-550 SLUDGE REMOVAL To cover increased sludge removal costs 42163 08/12/2024 EBRADFORD 100,000.00 13,500.00 113,500.00 WSF 30-80-9990-5300-000 CONTINGENCY Contingency JFernandez 08/05/2024 5:06:53PM Page 2 of 3 fl142r03  Aug. 12, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Sept. 9, 2024 TOWN OF HILLSBOROUGH Page 6 of 9 FY 2024-2025 BUDGET CHANGES REPORT DATES: 08/12/2024 TO 08/12/2024 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET Cost increase-dionize wtr sys & slude removal 42165 08/12/2024 EBRADFORD 400,000.00 -13,733.00 386,267.00 To cover DI Wtr Sys Service increased cost 42167 08/12/2024 EBRADFORD 400,000.00 -20.00 386,247.00 To cover Mission Communications monitoring bill.45419 08/12/2024 JFernandez 400,000.00 -109.00 386,138.00 To cover WTP maintenance contract. 45426 08/12/2024 JFernandez 400,000.00 -128.00 386,010.00 To cover B&C building maintenance 45457 08/12/2024 EBRADFORD 400,000.00 -500.00 385,510.00 To cover long term flow monitoring. 45477 08/12/2024 JFernandez 400,000.00 -100,000.00 285,510.00 Special 72-00-5100-3301-052 RESTRICTED REV-ABC BOARD GRANT Revenue Allocate FY25 Q1 ABC Board payment. 45473 08/12/2024 JFernandez 27,157.85 3,500.00 30,657.85 Special 72-20-5100-5300-052 ABC BOARD EXPENDITURES Revenue Allocate FY25 Q1 ABC Board payment. 45472 08/12/2024 JFernandez 27,157.85 3,500.00 30,657.85 862,800.00 APPROVED: 4/0 DATE: 8/12/24 VERIFIED: ___________________________________ JFernandez 08/05/2024 5:06:53PM Page 3 of 3 fl142r03  Aug. 12, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Sept. 9, 2024 Page 7 of 9  Aug. 12, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Sept. 9, 2024 Page 8 of 9 ORDINANCE #20240812-5.D ORDINANCE Amending Article VII – Recreation, Section 3-49.a Skateboard Park Regulations The Hillsborough Board of Commissioners ordains: Section 1. The Code of Ordinances shall be amended by adding the following Section 3-49.a, Skateboard Park Regulations. Section 3-49.a. Skateboard Park Regulations 1. Definitions. The following definitions apply to this section: (a) Hazardous recreational activity: Skateboarding, inline skating, or freestyle bicycling. (b) Inherent risk: Dangers or conditions that are characteristic or intrinsic to, or an integral part of skateboarding, inline skating, and freestyle bicycling. (c) Skateboard Park: A facility established on town-owned property which is designed for the purpose of engaging in hazardous recreational activities, and which is specifically designed by the town for such use. 2. Responsibilities of the User. (a) All users of the skateboard park shall wear a helmet, elbow pads, and knee pads at all times while engaging in hazardous recreational activities. (b) Any person who observes, participates in or assists in hazardous recreational activities assumes the known and unknown inherent risks in these activities, irrespective of age, and is legally responsible for all damages, injury or death to himself or herself or other persons or property that results from these activities. (c) While engaged in hazardous recreational activities, irrespective of where such activities occur, a participant is responsible for doing all of the following: (i) Acting within the limits of his or her ability and the purpose and design of the equipment used. (ii) Maintaining control of his or her person and equipment used. (iii) Refrain from acting in any manner that may cause or contribute to death or injury of himself or herself or other persons or property. (v) Failure to comply with the requirements of this section shall constitute negligence as provided in North Carolina General Statue 99E-24 c. 3. Notice. The town shall post signage at its skateboard park, affording reasonable notice to all users, as follows: (a) Any person engaged in hazardous recreational activity at the skateboard park must wear a helmet, elbow pads, and kneepads at all times. (b) The town does not provide regular supervision of the skateboard park. (c) Users of the skateboard park assume all risks associated with the use of the skateboard park, and (d) Failure to comply with these requirements for use may subject the violator to sanctions as provided in this ordinance.  Aug. 12, 2024 Board of Commissioners Regular Meeting Approved: ____________________ Sept. 9, 2024 Page 9 of 9 ORDINANCE #20240812-5.D 4. Sanctions. In addition to any other penalties stated in the Town Code of Ordinances, any person who violates the provisions of this section may be subject to sanctions imposed by the town, including, but not limited to, suspension or permanent revocation of the privilege to use the skateboard park and assessment for the full cost of any damage to the skateboard park caused by the person. 5. Town immune from liability. The Town of Hillsborough, including its officials, employees, and agents, shall not be liable to any person who voluntarily participates in hazardous recreational activities for any damage or injury to property or persons that arises out the person’s participation in the activity and that takes place at a skateboard park. 6. Hours of Operation. It shall be unlawful for any person to unlawful for any person to be present on the premises of the town’s skateboard park and recreation facility outside the posted normal hours of operation, except for town employees or contractors conducting town business thereon and for emergency and law enforcement personal on official business. Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 12th day of August in the year 2024. Ayes: 4 Noes: 0 Absent or excused: 1 Sarah E. Kimrey, Town Clerk